USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume II > Part 20
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Walter Franklin was born in New York City, February, 1770, and during his minor- ity his father moved to Philadelphia, where he read law, and was admitted to the bar in 1794. In January, 1809, he was appointed by Governor Snyder attorney general, which position he held until 1811, when he was appointed to fill the place vacated by Judge Henry. This office he held till 1815, when the district was divided and Dauphin county was taken out of this district. Judge Franklin was distinguished for a quiek and clear conception, a vigorous mind and unimpaired integrity. He was one of the ablest jurists of the state and gave great satisfaction. His manner was dignified and courteous, and he was a favorite with all classes.
During the war of 1812 Judge Franklin delivered a charge to the grand jury of York county in which he warned the citizens against lawlessness and mob violence, which is a model of terseness and indicative of his great ability. He died February 7, 1838.
Amos Ellmaker was born in Lancaster county, February 2, 1787. He graduated at Princeton and studied law, one year with James Hopkins, of Lancaster, one year at
the Litchfield Law school, Litchfield, Conn., then famous, and the last year with Thomas Elder, whose daughter he married. He was admitted to the bar December term, 1808. January 13, 1809, he was commis- sioned deputy attorney general for Dauphin county, serving till 1812. From 1812 to 1814 he represented the county in the legis- lature. In 1815 he was appointed judge of the district by Governor Snyder, serving until December 30, 1816, when he resigned to accept the position of attorney general of the state. Judge Ellmaker was a good lawyer and a clear, distinct and logical talker, without oratorical display. He was not on the bench long enough to gauge liis judicial ability, though he seems to have been generally acceptable. His rise was rapid, for he was a judge at twenty-eight years of age and attorney general at twenty-nine. As attorney general he in- curred the displeasure of Governor Findley by refusing to defend him before the legis- lature when he was assailed by some Phila- delphians; and his attitude in this matter is supposed to be due to the fact that Judge Ellmaker's father-in-law, Thomas Elder, urged the prosecution of the governor.
Judge Ellmaker continued his profes- sional pursuit when he retired as attorney general in 1819, and returned to Laneaster in 1821. Ile was the anti-Masonie candi- date for vice-president on the ticket with the celebrated William West in 1832. He died in Lancaster, November 28, 1857.
David Scott was appointed from Bradford county as a judge of this district, to succeed Judge Ellmaker, December 21, 1816. He was a native of Connecticut, and settled in Bradford county. He was a self-made law- yer, of pugnacious temperament, of great force of intellect, honest and upright, but perhaps too overbearing and of irascible temper.
When Judge Gibson, then judge in the Bradford distriet, was appointed to the su-
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preme bench, Judge Burnside was appointed to succeed him, and he in turn resigned in a year, when Judge Scott was appointed to that district, which had then been reduced and included Luzerne, Pike and Wayne counties. He presided there with great ability.
Samuel D. Franks was the son of Colonel Isaac Franks, of Philadelphia, who was one of the staff officers of General Washington in the Revolution during the Pennsylvania campaign. He was born at Philadelphia in 1784, and there educated for the bar. He came to Reading early in life, and was ad- mitted to the Berks county bar August 10, 1805. During the war of 1812-15 he was major in a Berks county regiment of volun- teers. Upon his return home he became clerk of the house of representatives. Upon the election of Governor Findley he received the appointment of president judge of Dau- phin county, July 29, 1818; occupying this position till January 12, 1830, when he re- signed his commission.
Judge Franks was a man of much talent, and a most amusing companion; was a large man with a fine face, florid countenance and red hair, and he said he was the best read (red) judge in Pennsylvania. The law as a science had no charms for him. There were two attempts made in the legislature to oust him, and he resigned when the sec- ond proceeding was in progress.
Previous to his appointment as president judge he officiated in Berks county as pro- thonotary and clerk of Quarter Sessions. He took a great interest in militia affairs of the state, and was elected major general of the militia of the Sixth division, which po- sition he held till the time of his death. He died at Orvingsburg, Schuylkill county, aged forty-six years, and was buried in Reading.
Calvin Blythe was a native of Adams county. He settled at the town of Mifflin, Mifflin county, where he was elected to the
house of representatives. Subsequently he was appointed attorney general by Gov- ernor Shulze, February 5, 1828. He was also secretary of the commonwealth in the same administration, and was appointed judge February 1, 1830. He was a man of respectable appearance, of undoubted integ- rity and excellent understanding. He was well versed in legal principles, but owing to his public positions, which withdrew hin: from practice, he did not have great pub- licity with cases. He was diffuse in his charges to the jury, was indulgent to the bar and lenient in his sentences of criminals. ITe never waived responsibility or attempted to dispose of cases without deciding them. He was very calm, as was demonstrated once during a sitting of court. An unusual and sudden crash, as if the upper floor of the courthouse and ceiling of the court room was giving way, was heard, and immedi- ately jury, counsel, witnesses and spectators rushed from the room. Everybody left, somc without their hats, except Judge Blythe and one of the lawyers. The judge calmly walked to the window to discover the noise, which was caused by dumping coal into the cellar against a lot of boards, then walked back to his seat.
Judge Blythe was much respected in the community. When offered the collectorship of customs at Philadelphia, he resigned his judicial office, June 20, 1839. In 1842 Judge Parsons, the president of this district, was removed and Judge Blythe was appointed in his place, being commissioned February 5, 1842, and served until March, 1843, when he was reappointed collector of customs at Philadelphia. After being superseded in that office he practiced law in Philadelphia, where he died.
James Madison Porter, son of General An- drew Porter and brother of Governor David R. Porter, was born January 6, 1793, and admitted to the bar April 24, 1813. He settled at Easton, Pa., where he engaged in
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practice for forty years or more with emi- nent success. He was a member of the con- stitutional convention of 1838, and was de- feated for president of it by Hon. John Seargeant by one vote. He was appointed judge of this district July 14, 1839, and served until July, 1840, just one year. He resigned to be appointed secretary of the navy by President Tyler, to which position he was not confirmed by the Senate. He then resumed his practice and was appoint- ed judge of one of the distriets in the north- eastern section of the state.
Judge Porter was a large and fine-looking inan, a good lawyer and very industrious; but his career in this district was too short to judge of his judicial ability. He died November 11, 1862, at Easton.
Anson V. Parsons, a judge of the court of Dauphin county from July 16, 1840, to about March 15, 1843, was born in Granville, Mass., in 1798. He studied law in the law school at Litchfield, Conn., from which he graduat- ed with high honors. He located at Lan- caster, Pa., for a while, studying law in the office of Andrew Porter, and later located at Jersey Shore, Lycoming county, opening the first law office there. He acquired a good practice and a fine reputation. Ile was appointed secretary of the common- wealth by Governor Porter and occupied that position for about one year. He was elected state senator, but before his term was out he was appointed judge of this dis- trict. He was subsequently transferred to Philadelphia, and at the close of his term of office he resumed practice in that city. He is the author of "Parsons' Select Equity Cases. "
Judge Parsons died in Philadelphia in September, 1882. As a judge he was pains- taking and studious, although his service here was too short to judge his ability. Ile was a rigid disciplinarian in court.
Nathaniel Bailey Eldred was born in Orange county, New York, January 12, 1795,
and was educated in the local schools of his neighborhood. In 1811 his family moved to Milford, then the county seat of Wayne county, and he studied law with Daniel Dim- mick and Edward Mott, then leading lawyers of that section.
He was admitted to the bar January 27, 1817, before which term, however, the county was divided and Milford became the seat of Pike county. In 1818 he moved to Bethany, Wayne county, which remained his home afterwards.
Mr. Eldred began life with no advantages except those bestowed by nature. He was a man of quick intelligence, keen observa- tion, generous impulses, and a ready adapt- ability to surrounding circumstances. IIe was elected to the legislature for four terms, and was a commissioner to treat with New Jersey about the navigation and con- trol of the Delaware river. He won distinc- tion in his profession. In 1835 he was ap- pointed by Governor Wolf president judge of the Eighteenth judiciary district, composed of the counties of MeKean, Warren and Jef- ferson. In 1839 he was transferred by Gov- ernor Porter to the Sixth district, compris- ing Erie, Crawford and Venango counties.
In 1843 he was appointed to this district, then composed of Dauphin, Lebanon and Schuylkill, where he served until 1849, when he was transferred back to the district where his home was. He served until 1853, when he accepted the position of naval of- fieer at Philadelphia. He died January 27, 1867, just fifty years to the day when he was admitted to the bar.
Judge Eldred was a strong advocate and a jurist of exeellent legal judgment, but not a profound lawyer. Strong common sense was applied by him, at times even to over- balance technical rules. In trying a case here of a man charged with assault and bat- tery on a rowdy who had used some insult- ing language to defendant's wife as he and his wife were walking on the street, the
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THIE BENCHI AND BAR OF PENNSYLVANIA
judge charged the jury that the defendant was teehnieally guilty of assault and bat- tery, and said : "But if I was walking with my wife and a rowdy insulted her, I'd knoek him down if I was big enough." The verdiet may be easily eonjeetured.
Judge Eldred was a man of medium size, with a strong faee, not handsome, but with 'a genial expression. He was of social dis- position. While serving in this distriet he was engaged in lumbering and other busi- ness interests elsewhere, which to some ex- tent interfered with the prompt dispatch of business, and which indueed him to request his transfer baek to his home distriet.
Judge John James Pearson was born in Delaware county, Pennsylvania, October 25, 1800. He was the son of Bevan Pearson and his wife, Anne Warner, the former of English and Welsh deseent, the latter of English deseent exelusively, their aneestors having come from the counties of Derby- shire and Yorkshire and from Clamorgan- shire in Wales. They belonged to the So- eiety of Friends and were prominent in early colonial history. The first members of the family who came to this country were John Blunston, ehosen by William Penn as one of his eouneil of state, and William Warner, who was appointed judge by King Charles II. and presided over the first eourt ever held in Pennsylvania, at Upland (Ches- ter), September 13, 1681.
In his fifth year John J. Pearson was taken with his father's family to Mereer county, this state, where he enjoyed the edu- eational advantages of the best sehools of the county, and prosecuted his studies in the elassies and certain branches of seienee, not, however, getting a regular eollege course and graduation. His native tastes and talents led him to choose the legal pro- fession for his oeeupation, and he was prob- ably influeneed also by the example of his grandfather, John Pearson, a prominent judge. He began his preparation for his
life work by a course of reading and study under Hon. John Banks, a lawyer of high standing in Mereer county at that time, and subsequently a member of Congress and a judge.
Mr. Pearson was admitted to the Mereer county bar in August, 1822, and immedi- ately took up his residence at Franklin, Venango county, where he began his prae- tice. It was the praetiee of attorneys of that day to travel long eireuits, and, follow- ing this eustom, Mr. Pearson sought and ob- tained much business in the counties of Venango, Mereer, Crawford, Warren, Erie, Beaver and Butler. Although fully quali- fied and equipped for a general praetiee, and equally able in all departments of pro- fessional serviee, he became more eminent in the trial of land titles, in which he was recognized as the highest authority.
In the spring of 1830 he removed his resi- denee to his former home in Mereer eounty, and continued to travel his large eireuit until 1849. During this period his time was given almost entirely to his profession, the only interruption he permitted being his ae- eeptanee of the office of Congressman from the Beaver-Mereer distriet, in 1835-36, and that of state senator for four years, begin- ning in 1837. While in the state senate he served three years as chairman of the judi- eiary committee, one of the most important and laborious positions in that body.
On the 7th of April, 1849, Governor Wil- liam F. Johnson appointed Mr. Pearson to the office of president judge of the Twelfth judicial distriet, comprising the counties of Dauphin and Lebanon. His appointment was immediately confirmed by the Senate, and in the following summer he ehanged his residenee to Harrisburg, where he spent the remainder of his life. Owing to grow- ing population and consequent inerease of state business, the doeket of this eourt had beeome erowded, and business was much in arrears, but Judge Pearson's industrious
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and methodieal methods and tireless and pa- tient diligenee soon brought all eases to proper trial.
The office filled by Judge Pearson beeame eleetive under the changed constitution of the state, and its term was made of ten years' duration. In the autumn of 1851 Judge Pearson was elected and eommis- sioned judge of the same distriet, and was re-elected for a second term in 1861, and for a third term in 1871, and completed those three terms of service with his eharaeteristie fidelity and ability. His nomination in every instanee was by both parties, and he was elected by the unanimous vote of the distriet.
He decided many questions of great mag- nitude and tried many noted eriminal eases. He evolved the principles upon which the taxation of corporations by this state is now decided, both by the courts of this state and of the United States. As a lawyer and judge he attained prominenee. Two vol- umes of his decisions are published and are universally aeeepted as standard authority on the points involved.
Judge Pearson having reached the age of four seore, declined to stand for re-election in 1881. His letter of deelination is a elas- sie in its language and sentiment, and showed that he was a man as great in his views and feelings in the ripeness of age as he had been in the prime of his powers. Judge Pearson was married, first, on the 12th of October, 1828, to Ellen, only daugh- ter of General Samuel Hayes, of Venango eounty. She died in February, 1840. On July 12, 1842, he married, secondly, Mary Harris Briggs, only daughter of Joseph and Caroline Briggs, granddaughter of General John Andre Hanna, and great-granddaugh- ter of John Harris, the founder of Harris- burg. In his personality Judge Pearson was attraetive and inspiring. Dignity was never wanting, nor was it ever prominent
and oppressive. He was genial and cordial in social life, always careful and considerate to others, and genuine in his sympathy with all elasses. He eould safely be named as worthy of the closest imitation in character and eonduet. His death oeeurred May 30, 1888, and was mourned as a public bereave- ment.
Mr. Pearson was a member of the Whig party, and after the dissolution of that party beeame a Republican, and so contin- ued until his death ..
Robert M. Henderson, judge of this dis- triet from 1874 to 1882, was born near Car- lisle, Cumberland county, March 11, 1827. IIe was educated in the publie schools and at Dickinson eollege, graduating in 1845. He studied law with Hon. John Reed, being admitted to the bar August 25, 1847. Judge Henderson, though identified with the judi- cial history of Dauphin county, deserves more extended notiee in the biographieal sketehes from Cumberland county, where he is still an honored resident. During the war he served as eaptain, lieutenant colonel, brevet eolonel and brevet brigadier. Judge Henderson was additional law judge from December 3, 1874, till January 13, 1882, when he resigned and was commissioned president judge, which offiee he held only until February 8, 1882, when he retired and resumed his praetice at Carlisle, where he still resides.
Judge Henderson is a man of slender build, tall, ereet and of fine appearanec. He has an unsual mildness and a kindly dispo- sition, which is reflected in his eountenance, and which never left him when presiding at court. IIe is a good lawyer of the strictest integrity and highest sense of duty, with firmness and mildness combined. He was a very satisfactory judge and was highly thought of by all the members of the bar of the county, among whom he is still held in great reverence.
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John W. Simonton was born in West Hanover township, Dauphin county, in 1830. Ilis early education was received at the county school and later at the Strasburg academy in Lancaster county. He entered Lafayette college, but graduated at Prince- ton in 1850. After graduation he studied law with Hamilton Alricks, and was admit- ted to the bar April 26, 1853, on motion of Mr. Alricks. In 1856 he married Sarah II., daughter of George Kunkel and sister of John C. Kunkel.
The early years of his professional career were spent in the office of John C. Kunkel, with whom he was for some time in part- nership and of whom he was always a great admirer. In 1860 he went to Minnesota, but remained there only a short time. In 1866 he was elected district attorney and served for one term. Step by step he rose in his profession, unaided by the gift of oratory or the element of self-assurance. In him there was no ostentation; but by sheer ability he gradually rose to the front rank of the profession, and in 1881, Judge Pear- son, leaving the bench, he was chosen to succeed him, and he was subsequently elected in 1891, when he was opposed by Levi B. Alricks, and in 1901, when he had no opposition whatever. At the time of his election he was recognized as a leader of the bar, and had acquired a large and lucra- tive practice. He was counsel for many corporations.
Judge Simonton was recognized by his own bar and by many lawyers from other sections of the state as one of the greatest judges Pennsylvania has produced. He had a wonderfully logical and analytical mind, and his grasp of legal principles, and his memory for decided cases, often awak- ened the admiration and astonishment of the bar. He was a master of pure, simple Eng- lish, and his opinions reflected his great ability.
Judge Simonton had no blarney or effu-
siveness in his make-up; he was straight- forward, and sometimes used expressions which, while taken as severe, were not in- tended as such; but whatever there were of such occasions, they grew rarer in his later service. He became very much mellowed in his attitude on the bench, and what impa- tience there was in earlier judicial experi- ence gave way as his years of service went on.
Judge Simonton was impatient with long arguments and with sophistical refine- ments or with extended dissertations on elementary principles, and soon gave coun- sel, no matter how eminent they were, to realize that he understood their position. He was proud of his bar, as his bar was proud of him. It is not too much to say, indeed he has said it himself, that he loved the bar which he characterized as "my bar." It was one of his pleasures to talk law and discuss questions in his study, al- though he did not like an invasion of his study when he was deeply engaged upon an opinion or legal proposition.
Judge Simonton, apart from his knowl- edge of the law, was a widely learned man and a pleasant conversationalist. He was interested in music and was quite a musical critic. He was president of the Dauphin County Historical society and the first pres- ident of the State Bar association. While not an orator, he was a profound speaker, and the matter of his speech more than com- pensated for any deficiency in manner. He was eagerly listened to. He decided many important cases, a number of which reached the United States Supreme Court. The percentage of reversals of his judgments is small, although he was exceptional in that he decided cases as he thought the law was, with little or no attention to what the higher court might do, and when he was reversed it gave him little concern. Upon the bench he talked little, was quiet, but often asked questions which went to the meat of the
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matter under discussion. IIe was intolerant of carelessness and want of preparation, and often exhibited his irritation from the bench, so that he was at times regarded by some of the bar as not considerate of the younger lawyers.
Judge Simonton had a high sense of de- votion to duty, which perhaps was respon- sible for his death at the time it occurred, February 12, 1903. Up to January of the same year he was in vigorous health, but he contracted a slight eold a few days before the regular criminal court, in January, 1903, and after trying to get several judges to hold his eourt, without success, he continued to hold it himself. He steadily grew worse after the court week, and never recovered. His mental acuteness was retained until his death, and never did he show more ability than in the last year or two of his life. HIc was a devout Christian and an elder in the Pine Street Presbyterian church of Harris- burg.
John Bayard McPherson was born in Har- risburg, November 5, 1846. He received his early education in the Harrisburg academy and in the schools at Sidney, Ohio, where he resided from 1858 to 1862. He graduated from Princeton college in 1866. His law studies were begun in the office of John Hanna Briggs, and pursued for some time with that preceptor, but later Mr. McPher- son moved to Chicago, where he continued his studies. He was admitted to the bar of this county January 26, 1870, on motion of his preceptor, and at once took a prominent place among the practitioners.
In 1874, after a considerable contest, he was elected district attorney, which offiee he filled with fidelity and distinction for three years. While acting as district attor- ney he was part of the time in partnership with IIon. Wayne MeVeagh, and later en- tered into partnership with Lyman D. Gil- bert. In February, 1882, he was appointed by Governor Hoyt to fill the vacancy eaused
by the resignation of Judge Henderson and the promotion of Judge Simonton to the presidency of the court. In November of the same year he was elected for the full term without opposition.
Dauphin and Lebanon counties constitut- ing the district, Judge McPherson took up his residence in Lebanon, where he remained until Lebanon county was made a separate judicial district, when he returned to Har- risburg. But while he resided at Lebanon he held court as frequently perhaps in this county as in the former.
As a lawyer he evidenced superior abil- ity in the knowledge of the law and the application of legal principles, as well as in the trial of cases. As a judge he was quick and decisive in his rulings on matters of evidence during a trial, talked little from the bench and seldom interrupted counsel unless impatient at what seemed to him & useless consumption of time over a plain proposition.
In the preparation of opinions he was ex- tremely cautious of style and expression, and frequently rewrote his opinions several times. In consequence his style was clear and incisive and free from unnecessary words. He is peculiar in being one of the most systematic, methodical workers this bar has ever known. He did one thing at a time, and kept at it until it was done. ITis desk was always in order, and his opinions, which were usually short and to the point, left no uncertainty as to their meaning.
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