The twentieth century bench and bar of Pennsylvania, volume II, Part 21

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

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Judge McPherson is a tall, straight, hand- some man, and is, on and off the bench, imposing. In manner he is quiet and aus- tere, though socially, when divorced from official duties, he is genial, companionable and a pleasant conversationalist, of the highest sense of honor and of sterling in- tegrity. Ile administered the duties of his office with a precision that at times ap- peared cold-blooded, yet his humanity ex- hihited itself when children were brought

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before him. His interest in the profession and individual members of the bar was deeper than appeared on the surface, but on the occasion of his parting with the Dauphin county bar at a banquet in his honor when elevated to the bench of the Dis- triet Court of the United States his emotion completely overcame him.

In all matters concerning the improve- ment of legislation and advancement of the profession he took deep interest. He drew the witness act of 1887, which is a sample of his skill as a legislative draughtsman. Ile took deep interest in the Pennsylvania Bar association, and has since its inception. After the creation of the Superior Court, at the first election the question arose whether the act creating the court, which prescribed "that elcetors should vote for only six of the seven candidates," was constitutional. Judge Simonton held that it was not, and that electors were entitled to vote for all the candidates. Judge MePherson held, in an elaborate opinion, that it was constitutional. It was the first and only case of a dissenting opinion being formally filed in this court. The Supreme Court sustained Judge Me- Pherson.

In December, 1899, he was appointed by President Mckinley judge of the District Court of the United States for the Eastern District of Pennsylvania, where he is now serving.

Judge John H. Weiss is the eldest child of John and Martha (Strickler) Weiss, and was born on February 23, 1840, on his fa- ther's farm near the village of Schaeffers- town, Lebanon county, Pennsylvania. His early education was obtained in the country school of Heidleberg. township, Lebanon county, which he attended during the win- ter months and in the summer worked on his father's farm. At the age of eighteen years he entered the Millersville State Nor- mal school, which institution he attended for two years, returning home at the end of

the school term to help with the work of the farm. His next step in the attainment of a more thorough education was that of. his entry into Jefferson college at Canons- burg, Washington county, before that insti- tution was consolidated with Washington college, located near by; and he was gradu- ated from this institution in 1863. In the country school, in the Millersville State Normal school and in Jefferson college John HI. Weiss was known for his close applica- tion and study and for the high standing which he held in all his studies.

The subject of this sketch had decided upon the profession of law, and some months after graduating he located in Har- risburg and entered the law offices of Hon. David Mumma, under whom he studied law. During the time Mr. Weiss was reading law he filled various clerical positions, among which was one with the late George J. Bol- ton, who at that time kept the popular hostelry at Cape May known as the "Colum- bia." After reading law for two years Mr. Weiss was, on December 5, 1865, admitted as a practicing attorney to the Dauphin county bar, and on August 20, 1867, he was admitted to the bar of Lebanon county.

Mr. Weiss was not associated with any one in his profession until 1882, when, upon the dissolution of the partnership of Me- Pherson & Gilbert (Hon. John B. McPherson and Hon. Lyman D. Gilbert) by reason of the elevation of the former to the bench of this county, Mr. Weiss associated himself with Mr. Gilbert, and the firm was there- after known as Weiss & Gilbert. This firm enjoyed a large and successful practice, and the partnership was a most agreeable and congenial one.

It was dissolved on March 14, 1899, when Governor William A. Stone, upon the unani- mous request of the members of the bar of Dauphin county and a large number of laity, appointed Mr. Weiss additional law judge of Dauphin county to succeed Judge McPher-

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son, who had been appointed to the federal bench of Eastern Pennsylvania by President Mckinley. During this year Mr. Weiss was nominated by both the Republican and the Democratic parties in their respective con- ventions assembled; in the November elec- tion, 1899, he was elected by a magnificent vote of both parties, and on January 1, 1900, was sworn in by Judge Simonton, president judge of the court, for the full term of ten years. Judge Weiss served as additional law judge until February 12, 1903, when, upon the death of Judge Simonton, he sue- ceeded to the presidency of this court, which position he now holds.

Mr. Weiss was a painstaking, careful and sagacious counsel. The firm of which he was a member was connected with many of the most important eases within the juris- dietion of this eourt. It also enjoyed a large corporation practice, and was counsel for the Pennsylvania, the Northern Central, and the Cumberland Valley railroads. Since his elevation to the bench Judge Weiss has given most exacting attention to his official duties. He examines questions from every side, and pays attention to every element in the eases for decision. In every respect he is a hard-working, painstaking judge. At the bar and on the benel he always enjoys the funny side of things, and enjoys a good . joke even at his own expense. Always a plain, affable, genial gentleman, he has lost none of it since he assumed judicial duties. For many years he was a member of the board of examiners of the bar.

Politically Judge Weiss has always been an earnest and enthusiastic Republican, and for nearly a quarter of a century was ehair- man of the Republican committee of Dau- phin county. He never held a publie office until his appointment to the bench by Gov- ernor Stone.

In 1870 he married Miss Mary Virginia Fox, daughter of John E. Fox, of Philadel- phia. They have three children living :

John Fox Weiss, Esq., an attorney at the Dauphin county bar, Miss M. Carolyn and Miss A. Marion.

Michael William Jacobs, son of Rev. Michael Jacobs, D. D., professor in Pennsyl- vania college at Gettysburg, Pa., 1832 to 1871, was born at Gettysburg, January 27, 1850. He received his education at the Penn- sylvania college, class of 1867, and received the degree of A. M. in 1870.

He read law with Robert G. McCreary, Esq., and was admitted to the Adams county bar in September, 1871.

He removed to Erie, Pa., and praetieed there from 1872 to 1874, when he came to Harrisburg, and was admitted to the bar of Dauphin county, January 4, 1875.

Mr. Jacobs is the author of "A Treatise of the Law of Domicil" (Little, Brown & Co., 1887), a work which is elassed high among legal publieations.

IIe was professor of equity in Dickinson College Law school, Carlisle, Pa., 1891-92. Was appointed referee in bankruptcy of the United States district court, July 26, 1898, re-appointed July 26, 1900, and on organ- ization of the United States eourts for the middle district of Pennsylvania, in May, 1901, was again appointed to the same office. Governor Pennypacker nominated him as additional law judge of this district, March 9, 1903, and he was confirmed the same day. He took the oath of office March 16, 1903, and at the election in 1903, though an inde- pendent eandidate, failed of election by a small margin. Judge Jacobs is a scholarly man, a constant student, and is regarded as one of the very strong men at the bar of Dauphin county.

George Kunkel was born' in Harrisburg March 11, 1855. He was educated in the school of Professor Gause, at the Harris- burg academy and at Franklin and Mar- shall college, Lancaster, from which latter institution he graduated in 1876 as second honor man. He studied law under the pre-

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eeptorship of J. W. Simonton and was admit- ted to the bar September 3, 1878. Mr. Kun- kel at once entered upon a suceessful pro- fessional and political career. In 1885, after a hard and exciting eontest, he was nominated by the Republieans and elected distriet attorney and re-elected in 1888, serv- ing until 1891. He was an able, fair prose- cuting officer and demonstrated his ability as a brilliant jury advocate. In 1892 he was nominated and eleeted as representative in the state legislature and re-elected to that office in 1894, and in the latter term was a formidable candidate for speaker. He was appointed on many important committees. In 1896 he was chosen for the third term. Mr. Kunkel was the choice for a fourth term in 1900 and was again about to be chosen a speaker when the choice was interfered with by some party manipulation. His leg- islative experienee proved his ability, not only as a lawyer and an orator but as an able legislator and parliamentarian.

From 1891 to 1898 he was engaged in partnership with Albert Millar under the name of Kunkel & Millar. Mr. Kunkel is a man of large ability, quick perception, and is recognized as an able, sound lawyer, not only by his professional associates but by a large clientage which seeks his services. In 1903 he was unanimously chosen by the Republican nominating convention as the candidate for judge to fill the vacaney oc- casioned by the death of Judge John W. Simonton and elected to that offiee at the election held November 4, 1903.

Stephen Chambers was the first member of the bar, having been admitted on his own motion on the opening and organization of the courts, May, 1785. He resided at Lan- caster, where he was one of the foremost members of the bar, and continued to reside in that county, although much engaged in the courts of Dauphin county. His biogra- phy will be found among the Lancaster eounty contributions.

John Wilkes Kittera was the second mem- ber of the bar. After Stephen Chambers had been admitted, on his own motion he moved the admission of eight others, the first of whom was Mr. Kittera. He was also from Laneaster, where he continued to prae- tice as a leader of that bar until 1801, when he died; and his biography will be found in the Lancaster county section.

John Clark, a leader of the bar from York county, was admitted on the first day of the organization of the court, on motion of Ste- phen Chambers. For sketeh of his life see York county.

Joseph Hubley, a resident and member of the bar from Laneaster county, was admit- ted on the opening day of the court on mo- tion of Stephen Chambers.

John Andre Hanna, son of Rev. John Hanna and Mary (McCrea) Hanna, was born about 1761 at Flemington, N. J., and died at Harrisburg, July 13, 1805, aged forty-four years. He was a student at law under Stephen Chambers at Lancaster, where he was admitted to the bar at No- vember session, 1783. Upon the formation of Dauphin county he located at Harris- burg, and was admitted to the bar on motion of Stephen Chambers on the first day of the first eourt held there. He was a man of good education, and was interested in mu- nicipal and governmental affairs. He was one of the protestants of the convention called by the assembly of Pennsylvania against the adoption of the federal eonstitu- tion, because "it contains no reservation of the rights and privileges of the state gov- ernments." IIe was lieutenant-colonel of the Third battalion of the provisional guard, organized in 1792. In the whisky insurrec- tion he was a brigadier general, and in 1800 was commissioned a major general of the militia of the state.

Mr. Hanna married a daughter of John ITarris, the founder of Harrisburg, which added to his prominence and practice. He

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was frequently in the court until 1795, when he was elected to Congress, and he then re- linquished mueh of his praetiee to attend to publie duties. He was one of the executors of John Harris' will. As a man he was kind and considerate, of great natural ability, and had decided taste for military affairs, which would have brought him more promi- nently to the front had he lived to maturer years.

James Riddle, who was also admitted on the first day of the court on motion of Ste- phen Chambers, was from Carlisle, and sub- sequently moved to Chambersburg, where he died in 1837. He did not praetiee mueh in this county, so far as the records dis- close.

Peter Huffnagle was from Lancaster, al- though he praetieed to some extent in Dauphin eounty after his admission on the first day of the court on motion of Stephen Chambers.

Jacob Hubley was also a resident member of the bar of Laneaster county, and was one of the first to be admitted in this eounty.

James Biddle, of Reading, where he eon- tinued to reside, was admitted on the first day, but not with those whose names are mentioned above. He was admitted after the business of the court had been trans- aeted on motion of Stephen Chambers. He was subsequently a leading member of the Berks county bar.

Collinson Read, also from Reading, was admitted at the same time as James Biddle. Ile was the author of "Read's Precedents," which is said to have been mueh in use in those early days.

George Ross, from Laneaster, was one of the members of the bar of the first day ad- mitted on motion of John Joseph Henry, who was the second judge learned in the law in this eounty.

John Reily, who was the last member of the bar admitted on the first day of the or- ganization of the court, on motion of John

Wilkes Kittera, lived in the part of Dauphin county which was subsequently erected into Lebanon. He was born in England, April 12, 1752, and was brought to this country in infaney. Ile was admitted to the bar about the beginning of the Revolution, but relin- quished his practice to serve in the army of revolution, enlisting as captain. He was wounded in April, 1777, and was discharged. He took up the practice of his profession and continued it until his death at Myers- town, May 2, 1810. IIe published in 1795, at Harrisburg, a book entitled "A Compen- dium for Pennsylvania Justiees of the Peace," the first work of its kind published in America. He was considered a careful and reliable lawyer, without any pretention to oratory, and had an extensive praetiee in this and Lebanon and Lancaster counties. He was the father of Dr. Luther Reily and grandfather of Dr. George W. Reily, both prominent citizens of Harrisburg.

Having mentioned those lawyers from other counties who were admitted on the first day of the organization of the court, as a matter of special interest, the remaining part of this sketeh will be confined to the resident members of the Dauphin eounty bar, with a complete list of all those admit- ted added at the end.

William Graydon, the son of Alexander Graydon and Rachel (Marks) Graydon, was born in Bucks county, September 4, 1759, and was educated and studied law in Phila- delphia. He was admitted to the Dauphin county bar at May term, 1786. He was dif- fident in manner, kind and courteous, and did not enjoy the asperities of encounters at the bar. He rarely, and perhaps never, engaged in the actual trial of a ease. His praetiee was therefore limited. He was, however, scholarly of unblemished integrity and highly esteemed in the community. He was the author of "Forms of Conveyane- ing," known as "Graydon's Forms"; also "The Justice's Assistant," and he edited an

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"Abridgement of the Laws of the United States" in 1802. Ile died in Harrisburg, Oct. 13, 1840, in the eighty-second year of his age. He was a brother of Alexander Graydon, first prothonotary of this county. HI. Murray Graydon, of whom notice ap- pears elsewhere, was his son.

George Fisher, the son of George Fisher and Hannah (Chamberlain) Fisher, his wife, was born in 1765 near what is now Middle- town in this county, which was laid out by his father. Ile received a good education, being graduated from the College of Phila- delphia, now the University of Pennsylva- nia. He studied law with John Wilkes Kit- tera of Lancaster, and was admitted to the Dauphin county bar at November term, 1787. He was the first person born within the confines of the county to be admitted to the bar. He soon rose to prominence in the profession, and was conspicuous in practice for a long time. He was extensively en- gaged in ejectment cases, which were, in those days, numerous in this and neighbor- ing counties. He was the most successful member of the bar. He was mild and of gentlemanly manners, and yet aggressive and vigorous. The record shows that he pleaded guilty to a charge of assault and battery brought at the June session, 1794, and was fined three pounds and costs. He was large and of athletic build, though in later years became fleshy. His voice was musical, and as a talker he was forceful and spoke with great distinctness. When Gen- eral Lafayette visited Harrisburg it was he that welcomed him in an address, much commented upon afterwards. He was cap- tain of a company in the Whiskey Insurrec- tion, which he and Thomas Elder organized, and he was subsequently made major. He died near Middletown, Feb. 2, 1853, at the age of eighty-seven years, and left two sons who became distinguished in law-John Ad- ams Fisher of Harrisburg, of whom men- tion is made later, and Robert J. Fisher,

who for several years was a judge of York county.

Galbraith Patterson was the son of Col. William Patterson, of Lancaster. The date of his birth is not obtainable. He studied law at Lancaster in the office of Jasper Yeats, afterward a judge of the Supreme Court, and he was a man of good education and bearing. He was admitted to the bar here at August term, 1789, and seems to have become quite prominent. In 1795 there was considerable excitement over the fact that a mill dam in the lower part of the town had been for some years occasioning sickness and death, and, after repeated efforts to purchase the offensive place, by concerted action the citizens tore away the mill and dam and paid the price subsequently agreed upon. Mr. Patterson was a ringleader in this action and contributed largely to the payment of the price. He is spoken of as one of the foremost lawyers of his day. He built a brick house on Market square. Ilow long he remained in Harrisburg is uncertain, but it was perhaps 1799 or 1800 when he re- moved to near Williamsport, where he owned a large tract of land and died soon afterwards.

Thomas Elder, son of Rev. John Elder, of Paxtang, was born January 30, 1767, in Paxtang township, Lancaster county, (now Dauphin). He was well educated, graduat- ing at the academy at Philadelphia. He studied law with John A. IIanna, and was admitted to the bar on the motion of his preceptor, at the August term, 1791. He at once started the practice of his profession in earnest, and acquiring a large clientage he became, and continued to be, the leader of the bar for about twenty years. He was in the militia during the Whiskey Insurrection, and subsequently until he became lieutenant colonel.

He was remarkably industrious, generally remaining in his office late at night, and when in court and not employed in the ac-

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tual trial of a ease, was always busily en- gaged, unlike the other members of the bar who usually engaged in conversation. It was his ain to always be ready to try his cases and to be familiar with the facts of them, and rarely asked for a continuanee. In the trial of cases he laid great stress upon the selection of jurors, and his large ac- quaintance enabled him to carefully seleet them. He was very suecessful, and it is said that at a District Court, presided over by Judge Charles Smith, he tried eases eontin- uously for two weeks, and suceeeded in get- ting verdicts in about twenty eases, all of which except two or three were in his favor. He was not an extensive reader : his scope of literature was limited to law. IIe had little or no imagination; but dealt with facts and it was the force and skill which he employed in handling his cases that brought him much of his sueeess. One of his chief antagonists was George Fisher, and their encounters were very often personal and bitter. In these instances Mr. Elder was often offensive, but Mr. Fisher, with- out malice, stood to the contest as long as his antagonist carried it on. His practice extended to Lebanon county, where he was mueh engaged, but he was seldom if ever in other county courts. He was appointed by Governor Heister, attorney general of the commonwealth, December 20, 1820, and filled that office with mueh ability until December 18, 1823; but never afterwards would he accept any public office. He was a man of large build, of strong feelings, and prejudices, who could not overlook or for- give an offense. He was prominent in or- ganizing the Harrisburg Bridge Company, which built the old camel baek bridge across the Susquehanna river, then and for some years after the largest bridge in this count- try. He was president of the company un- til 1846. He was also for many years presi- dent of the Harrisburg bank. IIe died in

Harrisburg, April 29, 1853, possessed of considerable estate.

William Wallace, born October, 1768, in Hanover township, Dauphin county, died May 28, 1861; was admitted to the bar at June term, 1792. He was a graduate of Dickinson college, and studied law under Galbraith Patterson. In 1800 he removed to Erie, where he took an active part in the affairs of the place and in the organiza- tion of the county. In 1810 he returned to Harrisburg and resumed the practice of his profession. He does not seem to have ac- quired much practice, perhaps, beeause his time was largely devoted to other interests. He was interested in Harrisburg and Presque Island company, the first president of the old Harrisburg bank, and was burgess of the borough at the time of his death. He ran for member of Congress on the Fed- eralist ticket in 1813, but was defeated. His first wife, whom he married in 1803, was Rachel Forrest, who died in 1804, and his second wife, whom he married in 1806, was Eleanor, daughter of William Maclay, the first State Senator of Pennsylvania.

Samuel Laird was born in Carlisle in 1769, and was educated and studied law there. He was admitted to the Dauphin county bar in 1792, September term. His father was of the same name and was one of the provin- cial magistrates of Cumberland county, and under the constitution of 1776, one of the justices of the court. He seems to have ac- quired considerable practice, although not in any matters which attraeted wide atten- tion. IIe was a refined and pleasant gen- tleman of the old school. He died in Har- risburg, January 15, 1815, his wife, who was the daughter of Rev. Joseph Montgomery, preceding him by a few months, October 12, 1814.

Alexander Graydon was born April 16, 1752, at Bristol, Bucks county, Pennsylva- nia. He was educated in Philadelphia. He

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studied law in York county for about six months, and in Philadelphia, but about the time when he should have been admitted to the bar the Revolution began and he re- sponded to the call of arms. Ile was cap- tured in 1776 and exchanged in 1778; but he did not re-enlist. He then located in Read- ing, continued the study of law, and was ad- mitted to the bar in Berks county. Upon the organization of Dauphin county he was ap- pointed by the Supreme Executive Council the first prothonotary, which office he filled until the accession of Governor Thomas Me- Kean, December 17, 1799, when he was shortly thereafter displaced. He was ad- mitted to the bar at March term, 1800. He had little practice, and was more of a litter- ateur than a lawyer. The address of the citizens of Harrisburg to General Washing- ton when he reached here on his way to sup- press the Whiskey Insurrection is from his pen, and demonstrates his elegant style. IIe wrote memoirs of his own times, which are familiarly known as "Graydon's Memoirs," and is a valuable and interesting work. Af- ter relinquishing the office of prothonotary he retired to a farm near the borough of Harrisburg, where he remained until 1816, when he removed to Philadelphia, and died at the latter place, May 2, 1818.

Hugh Hamilton, born in Juniata county, Pennsylvania, June 30, 1785, educated at Dickinson college, was admitted to the Dauphin county bar June 21, 1805. IIe studied law under Thomas Elder. Mr. Ham- ilton does not seem to have been engaged much in the practice of law. He edited and published in conjunction with William Gillmore "The Harrisburg Chronicle," which was an influential paper at the state capital for twenty years or more. He was a man of considerable political influence, a master of vigorous and polished composi- tion, an enterprising citizen, being twice chief burgess of the borough of Harris- burg, and for several terms member of the

council; but he was little identified with the legal profession. He died September 3, 1836.

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The twentieth century bench and bar of Pennsylvania, volume II, Part 21

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