The twentieth century bench and bar of Pennsylvania, volume II, Part 28

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

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Edgar L. King, son of M. Edgar King, was born in McConnellsburg. Fulton county, Pennsylvania. February 1, 1866, where his father was publishing the Fulton Repub- lican. Mr. King was educated in the public schools of Altoona, where he held responsi-

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DAUPHIN COUNTY

ble positions with the Bell Telephone com- pany, after which he attended a business college where he studied bookkeeping and stenography. In 1882 he came to Harrisburg and became confidential stenographer of Ilon. Lyman D. Gilbert and later of the firm of Weiss & Gilbert. While thus employed, at intervals he studied law, and was admitted to the bar January 27, 1891. For a number of years he was chief of the staff reporting the legislative proceedings for the Legisla- tive Record, and he was frequently employed as stenographer for important legislative in- vestigations. Abont 1895 he formed a law partnership with William K. Meyers, Esq., under the name of Mevers & King, which was dissolved several years later owing to Mr. King's ill health. He died at Harrisburg November 4, 1898. Mr. King was for a num- ber of years official stenographer of the courts of Dauphin county, and was recog- nized as one of the most efficient stenog- raphers of the country.

Solomon S. Rupp was born in Lower Allen township, near Shiremanstown, Cumberland county, in 1860. He attended the public schools in winter and worked on the farm in summer until 1880, when he entered the state normal school at Shippensburg, and graduated in the class of 1881. He then taught two years in the public schools of his county, and in 1883 entered Lafayette col- lege, graduating in the class of 1887. After teaching two years he began the study of law in the offices of Mumma & Shopp at Har- risburg, and was admitted to the bar of Dau- phin county June 17, 1891. He is now in active practice in Dauphin and Cumberland counties, and resides at Shiremanstown, Cum- berland county, but has his office in Harris- bnrg.

Elijah G. Swartz was born in Lower Swa- tara township, Dauphin county, Pa., Septem- ber 13, 1872. After studying in the public schools he entered the Dickinson law school

at Carlisle, where he graduated in the class of 1894 and was admitted to the bar of Cum- berland county in June, 1894, and to that of Dauphin county July 23, 1894. He is a mem- ber of the firm of Swartz Bros., consisting of his two brothers, Joshua W., Isaac B., and himself. Ile resides and has an office in Mid- dletown. Mr. Swartz is a Republican and is president of the borough council of Middle- town.

Robert Benson Wallace was born at Ilar- risburg, Pa., November 18, 1870, and was educated at the Harrisburg academy and Princeton university, graduating. at Prince- ton with the class of 1891 with the degree of A. B. He studied law in the office of Hon. Samuel J. M. McCarrell at Harrisburg, Pa., and was admitted to the bar of Dauphin county in June, 1893. He has been engaged in the general practice of law since that date at No. 16 North Second street, Harrisburg, He was admitted to practice before the Su- preme and Superior courts of Pennsylvania and before the United States courts of the middle district of Pennsylvania.

George R. Barnett was born in New Bloom- field, Perry county, Pa., and was educated at the public schools and at the Bloomfield academy, and tanght in the country schools two years, and became principal of the public schools of New Bloomfield three years. He studied law with Hon. Charles H. Smiley in New Bloomfield, and was admitted to the bar of Perry county in 1884. He was principal of the public schools of Duncannon, Perry county, for two years, and of the public schools of Lewistown, Mifflin county for five years. Ile was admitted to the bar of Dau- phin county October 11, 1893.

Alexander Carson Stamm was born at Elizabethtown, Lancaster county, October 22, 1863. He was educated in the public schools. became a proficient stenographer, and while engaged in stenographie duties also read law with the Hon. M. E. Olmsted, and was ad-

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THE BENCH AND BAR OF PENNSYLVANIA

mitted to the bar of Dauphin county July 12, 1892, and since that time has been in active practice, devoting himself almost exclusively to corporation business. He was a member of common council for four years, and served as president the last year of his term. He is now a member of the board of public works of the city of Harrisburg.

Frank E. Ziegler was born August 8, 1873, at Harrisburg, and was educated in the pub- lic schools of that city, graduating from the high school in 1890. He entered the office of Meade D. Detweiler as a student in Septem- ber, 1890, and was admitted to the Dauphin county bar March 7, 1895. On May 28, 1900, he was admitted to the Supreme court of Pennsylvania. He is assistant reporter of the courts of Dauphin county.

Samuel H. Orwig graduated from the Yale Law school, was admitted to the bar at Lewisburg, Pa., in 1857; to the Supreme court of the state in 1861, and to the Supreme court of the United States in 1869. He rep- resented his district in the legislature in 1864, and was re-elected in 1865, and was the Republican candidate for Congress in 1882. He has had an extensive practice in the courts of Pennsylvania, and has gained the distinction due to long and faithful service. He located in Harrisburg in 1902 and con- tinues actively engaged in the practice of his profession.

Meade D. Detweiler was born in Middle- town, Dauphin county, Pa., October 15, 1863. When four years of age his parents moved to Harrisburg, where he attended the public schools up to the junior class of the high school, when he entered the Pennsylvania college at Gettysburg, where he was gradu- ated with the first honors of his class in 1884. He entered upon the study of the law in the office of Hall & Jordan, and was admitted to practice October 13, 1886. In 1892, after a spirited contest, he was nominated as the Republican candidate for district attorney

and subsequently elected, filling the office with ability for six years. Mr. Detweiler is an orator of ability and is a forceful jury lawyer. He is possessed of a remarkable memory, a fine voice, to the training of which he has given much attention with no small success. His oratorical achievements have brought him prominently before the public, not only in the court room but on the stump, where his services are always in demand. Mr. Detweiler has a large practice and has been concerned in a number of important criminal trials in Dauphin and other coun- ties. In politics he is a Republican, but has of recent years been independent in local politics, and was in 1900 an independent candidate for state senator. He is a member of many secret societies, and in the Order of Elks has held the highest office, that of Grand Exalted Ruler, to which he was elected in 1896. He is largely interested in the United Telegraph and Telephone com- pany and other corporations.

Wallace DeWitt was one of the members of the Dauphin county bar, without the men- tion of whose name no bar history would be complete. IIe was born in Harrisburg about 1830, and was the son of Rev. William R. De Witt, D. D., for many years pastor of the Market square Presbyterian church. Mr. De Witt was admitted to the bar February 25, 1863, and practiced until his death. He was of outspoken characteristics and left no one in doubt of his position. IIe enjoyed a joke and sometimes used his rough manner to perpetrate them on those unfamiliar with him. He was a good lawyer and acquired a good practice. His savings were invested in real estate, in which he became quite a speculator and amassed considerable money. Among his professional achievements was the leading case on dower of Reel vs. Elder, 62 Pa., 308, in which he succeeded in having Judge Pearson reverse. He was the first counsel for the East Harrisburg Street Rail-

Meade D. Detweiler 4

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DAUPHIN COUNTY

way company, which was the nucleus of the present street railway system of Harrisburg. He was counsel for other corporations. He was for a number of years prothonotary of the Supreme Court of the state during and immediately after the Civil war. He was a Democrat in polities.

in 1857. He was educated at the Harrisburg academy and at the Berrysburg academy. Ile studied law with his father and was admitted to the Dauphin county bar January 28, 1878. Ile was engaged in criminal busi- ness, and liked the excitement of court trials. He was of good address and forceful as an November, 1890.

William Champlain Detweiler, the son of - advocate. He died at Harrisburg early in John S. Detweiler, formerly a prominent member of the war, was born in Harrisburg

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THE BENCH AND BAR OF PENNSYLVANIA

CHESTER COUNTY

BY RICHARD B. TWISS

The time of the beginning of courts of jus- tice in what is now Chester county, Pennsyl- vania, is shrouded in uncertainty. But it is known that as early as 1668 certain action was taken at the seat of government in New York, regarding the establishment of a gar- rison on the Delaware, and looking to the correction of abuses in civil matters by the appointment of certain men to learn com- plaints and render decisions in accordance with equity and justice : and it is reasonably certain that under this arrangement courts were held at Upland and New Castle at that early day. Prior to 1672 one William Torn was sheriff and collector of quit rents for the River district, and on his resignation that year Edward Cantwell, of New Castle, was appointed in his place. In 1673 courts were established at New Amstel, Hoern ITill and Upland, the justices for which were ap- pointed by the council at New York from eight nominees for each eourt, selected by vote of the inhabitants. Under date of Feb- ruary 28, 1675, Hans Block, Fopp Outhout, Derick Alberts, Peter Rambo, Laers Andru- son, John Moll, Joseph Chew, Peter Coek, Israel IIelm and Wolle Swain were commis- sioned by the governor to hold at New Cas- tle a special council of Oyer and Terminer to try a partieular case, and early in the same year matters relating to churches, high- ways and other local affairs were presented and considered before this court.

Ephraim Herman was appointed clerk of the courts at New Castle and Upland in Sep- tember, 1676, when also were commissioned justices of the peace who seem to have held their first court at Upland, in November of

that year, in the house of Neels Laerson, on whose land the first courthouse was built probably about the year 1680. In September of the following year was organized a new court, comprising Justices William Clayton, William Warner, Robert Wade, Otto Ernst Cock, William Byles, Robert Lucas, Lassey Cock, Swan Swanson and Andreas Bankson, Sheriff John Lest and Clerk Thomas Revell. It was under this court that petit juries first took part in the trial of cases, no provision having been made for jury trials under the local laws. The first grand jury convened in the province of Pennsylvania, was summoned before the Upland Court in 1682, Governor Markham acting as president of the eourt. It was also during this year that Chester, Philadelphia and Bucks counties were laid out, and courts began to be held at Chester. The Chester county Court of Equity was first held in 1685, by the Common Pleas Justices, and Orphans' Court was first held at Chester two years later. As far as the records show, courts were regularly held during these years, but the need of a proper place for holding courts, as well as for jails and eourt- houses, was greatly felt, and ways and means of supplying these occupied much of the time of the courts. In 1693 Petty Sessions Court was held in the house of John Hodkins, but about 1694 a building was erected which served as a courthouse until 1824, when it was ordered sold. During that year, the building that has been used for a town hall at Chester since the county seat was removed from there in 1786 was built and oceupied by the courts. As early as 1766 the question of removing the courthouse and seat of gov-

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CHESTER COUNTY

ernment to a place more favorably situated began to be agitated. Petitions were pre- sented to the General Assembly, acts author- izing the purchase of a suitable site were passed, but not until 1780 did the agitation produce any practicable and tangible results. A site was then secured at West Chester, and work was at once begun on a courthouse and jail, but they were not completed until the spring of 1786. These buildings were occu- pied in November of that year and the jail used till the present county prison was built in 1838, and the courthouse and other build- ings, till the courthouse now used was fin- ished in 1848, the first court at West Chester being held before Justices of the Peace William Clingan, William Haslett, John Bartholomew, Phillip Seott, Isaac Taylor, John Ralston, Joseph Luckey, Thomas Che- ney, Thomas Levis, and Richard Hill Morris. There is little left of the court records of the last two decades of the seventeenth century, and the first fifteen years of the eighteenth, so that the doings of the courts during those years is largely a matter of conjecture. In the early days justices of the Supreme tri- bunal of the province held court of Oyer and Terminer, going about from county to coun- ty. This court had jurisdiction in the matter of appeals, and for the trial of the higher crimes, and as late as 1705 a session of this court was held at Chester before Justices John Guest and Jasper Yeates. From the earliest establishments of courts, even-hand- ed justice was meted out, and violators of the law were, as a rule, made to suffer the penalty for their misdemeanors and crimes. In the earlier days whipping on the bare back and fine and imprisonment were com- monly resorted to as punishment for the lesser crimes, and though provision was made for the use of the pillory, it was but seldom resorted to. A common practice was to compel a person convicted of larceny to wear in a conspicuous place on his person the Roman letter "T" in a bright color, but

this practice was abandoned early in the eighteenth century. For the greater crimes, murder, rape, burglary, etc., the death pen- alty was inflicted. When the state of Penn- sylvania was divided into districts under the provisions of the constitution of 1790, Ches- ter, Lancaster, York and Dauphin counties were set apart as the second district. It then became the duty of the governor to appoint for each district a president judge and from three to four associate judges in cach county.

When the state was re-districted, in 1806, Chester county became a part of the Seventh Judicial district and so continued till 1821, when Chester and Delaware counties were made the Fifteenth district. Beginning in 1791, the Chester county courts had been presided over by William Augustus Atlee, 1791 to 1793; John Joseph Henry, 1794 to 1800: John D. Coxe, 1800 to 1805; William Tilghman, August, 1805, to February, 1806, when Chester county became a part of the Seventh district.

Mr. Bird Wilson, who was known for his rich scholarship and profound knowledge of the law, and who left the bench to enter the Episcopal ministry, was the first president judge of this district, and served from Feb- ruary, 1806, till November, 1817. His suc- eessor was John Ross. But when Chester and Delaware counties were organized into the Fifteenth district, in 1821, his jurisdic- tion within their boundaries ceased, and Isaac Darlington was appointed president judge of their courts, and served as such eighteen years. From the time of his decease, in 1839. Thomas S. Bell presided over the eourts of the Fifteenth district till Novem- ber, 1846, when he was promoted to the Supreme bench of the state. Mr. John M. Forster was named for the office and served a short time, but his nomination was re- jected by the senate and the place was filled by the appointment of James Hill, who served from March 23, 1847, to March 18, 1848.

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THE BENCH AND BAR OF PENNSYLVANIA

CHESTER COUNTY

BY RICHARD B. TWISS

The time of the beginning of courts of jus- tice in what is now Chester county, Pennsyl- vania, is shrouded in uncertainty. But it is known that as early as 1668 certain action was taken at the seat of government in New York, regarding the establishment of a gar- rison on the Delaware, and looking to the correction of abuses in civil matters by the appointment of certain men to learn com- plaints and render decisions in accordance with equity and justice ; and it is reasonably certain that under this arrangement courts were held at Upland and New Castle at that early day. Prior to 1672 one William Torn was sheriff and collector of quit rents for the River district, and on his resignation that year Edward Cantwell, of New Castle, was appointed in his place. In 1673 courts were established at New Amstel, Hoern ITill and Upland, the justices for which were ap- pointed by the council at New York from eight nominees for each court, selected by vote of the inhabitants. Under date of Feb- ruary 28, 1675, Hans Block. Fopp Outhout, Derick Alberts, Peter Rambo, Laers Andru- son, John Moll, Joseph Chew, Peter Cock, Israel Helm and Wolle Swain were commis- sioned by the governor to hold at New Cas- tle a special council of Oyer and Terminer to try a particular case. and early in the same year matters relating to churches, high- ways and other local affairs were presented and considered before this court.

that year, in the house of Neels Laerson, on whose land the first courthouse was built probably about the year 1680. In September of the following year was organized a new court, comprising Justices William Clayton, William Warner, Robert Wade, Otto Ernst Cock. William Byles, Robert Lucas, Lassey Cock. Swan Swanson and Andreas Bankson, Sheriff John Lest and Clerk Thomas Revell. It was under this court that petit juries first took part in the trial of cases, no provision having been made for jury trials under the local laws. The first grand jury convened in the province of Pennsylvania, was summoned before the Upland Court in 1682, Governor Markham acting as president of the court. It was also during this year that Chester, Philadelphia and Bucks counties were laid out, and courts began to be held at Chester. The Chester county Court of Equity was first held in 1685, by the Common Pleas Justices, and Orphans' Court was first held at Chester two years later. As far as the records show, courts were regularly held during these years, but the need of a proper place for holding courts, as well as for jails and court- houses, was greatly felt, and ways and means of supplying these occupied much of the time of the courts. In 1693 Petty Sessions Court was held in the house of John Hodkins, but about 1694 a building was erected which served as a courthouse until 1824, when it was ordered sold. During that year, the building that has been used for a town hall at Chester since the county seat was removed from there in 1786 was built and occupied by the courts. As early as 1766 the question of removing the courthouse and seat of gov-

801

CHESTER COUNTY

ernment to a place more favorably situated began to be agitated. Petitions were pre- sented to the General Assembly, aets author- izing the purchase of a suitable site were passed, but not until 1780 did the agitation produce any practicable and tangible results. A site was then secured at West Chester, and work was at onee begun on a courthouse and jail, but they were not completed until the spring of 1786. These buildings were occu- pied in November of that year and the jail used till the present county prison was built in 1838, and the courthouse and other build- ings, till the courthouse now used was fin- ished in 1848, the first eourt at West Chester being held before Justiees of the Peaee William Clingan, William Haslett, John Bartholomew, Phillip Scott, Isaae Taylor, John Ralston, Joseph Luckey, Thomas Che- ney, Thomas Levis, and Richard Hill Morris. There is little left of the court records of the last two decades of the seventeenth century, and the first fifteen years of the eighteenth, so that the doings of the courts during those years is largely a matter of conjecture. In the early days justices of the Supreme tri- bunal of the provinee held court of Oyer and Terminer, going about from eounty to eoun- ty. This court had jurisdiction in the matter of appeals, and for the trial of the higher crimes, and as late as 1705 a session of this court was held at Chester before Justiees John Guest and Jasper Yeates. From the earliest establishments of courts, even-hand- ed justiee was meted out, and violators of the law were, as a rule, made to suffer the penalty for their misdemeanors and crimes. In the earlier days whipping on the bare back and fine and imprisonment were eom- monly resorted to as punishment for the lesser crimes, and though provision was made for the use of the pillory, it was but seldom resorted to. A common practice was to compel a person convieted of lareeny to wear in a eonspieuous place on his person the Roman letter "T" in a bright color, but

this practice was abandoned early in the eighteenth century. For the greater crimes, murder, rape, burglary, ete., the death pen- alty was inflicted. When the state of Penn- sylvania was divided into districts under the provisions of the constitution of 1790, Ches- ter, Lancaster, York and Dauphin counties were set apart as the second distriet. It then became the duty of the governor to appoint for each district a president judge and fron three to four associate judges in each eounty.

When the state was re-distrieted, in 1806, Chester county became a part of the Seventh Judicial district and so continued till 1821, when Chester and Delaware counties were made the Fifteenth distriet. Beginning in 1791, the Chester county courts had been presided over by William Augustus Atlee, 1791 to 1793; John Joseph Henry, 1794 to 1800; John D. Coxe, 1800 to 1805; William Tilghman, August, 1805, to February, 1806, when Chester county became a part of the Seventh distriet.

Mr. Bird Wilson, who was known for his rich seholarship and profound knowledge of the law, and who left the beneh to enter the Episcopal ministry, was the first president judge of this district, and served from Feb- ruary, 1806, till November, 1817. His sue- cessor was John Ross. But when Chester and Delaware counties were organized into the Fifteenth distriet, in 1821, his jurisdie- tion within their boundaries eeased, and Isaae Darlington was appointed president judge of their courts, and served as such eighteen years. From the time of his deeease, in 1839. Thomas S. Bell presided over the courts of the Fifteenth distriet till Novem- ber, 1846, when he was promoted to the Supreme beneh of the state. Mr. John M. Forster was named for the office and served a short time, but his nomination was re- jected by the senate and the place was filled by the appointment of James Hill, who served from March 23, 1847, to Mareh 18, 1848.

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THE BENCH AND BAR OF PENNSYLVANIA

Henry Chapman served from that time till December 2, 1851, as president judge of the district, he being the last appointee, the office after that time becoming elective. Judge Chapman was an able and popular jurist, and though urged by both political parties to stand for election, declined to have his name used. His successor, Mr. Townsend Haines, who was elected in November, 1851, served a full term of ten years and was fol- lowed by William Butler, who assumed the duties of the office and served from Deeem- ber, 1861, till February 24, 1879, having been re-elected in 1871. He resigned to accept an appointment to the United States district bench for the eastern district of Pennsyl- vania.

Hon. J. Smith Futhey, after serving out Judge Butler's unexpired term, was elected for another ten years. Judge Futhey was a man revered and loved by all; eminent as a lawyer and jurist, a man of scholarly attain- ments whose historical researches and liter- ary labors were untiring, especially in regard to the early history of Chester county, his death, in 1888, was mourned as an irrepar- able publie loss. The unexpired portion of Judge Futhey's term was filled by the ap- pointment of Mr. William Bell Waddell.

Hon. William Bell Waddell was afterwards eleeted for a ten years' term, but died before its expiration, on June 3, 1897. Judge Wad- dell was not only an upright, fearless and scholarly jurist and lawyer, but also a splen- did example of American manhood. A native of Philadelphia, he was born of Scoteh-Irish parentage. He was graduated from Prinee- ton college in 1849 and three years later admitted to the bar at West Chester. He took a leading place in his profession, and from 1864 to 1867 was a member of the state legislature. As state senator, he served from 1871 to 1873. He was first appointed judge in 1887, then elected to the same office for a ten years' term, which he was serving when

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The twentieth century bench and bar of Pennsylvania, volume II, Part 28

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