The twentieth century bench and bar of Pennsylvania, volume II, Part 35

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

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William Brentlinger registered April 13, 1838, and was admitted September 12, 1840, on motion of Cornelius Darragh; preceptor, Thomas Hamilton. He removed to Texas soon after his admission.

L. Carrol Judson was admitted December 1, 1840, on motion of A. W. Loomis. Ile devoted his attention to literature and won reputation as a writer under the pseudonym of "Ned Buntline .? '

William B. Knox was admitted Deeember 3, 1840, on motion of Wilson McCandless.

Andrew J. Cline was admitted December 28, 1840, on motion of Moses Hampton. He resided at Bedford, having been admitted to

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THE BENCHI AND BAR OF PENNSYLVANIA

the bar of Bedford county August 10, 1826. He was a member of the convention which framed the constitution of 1838.

Charles Bonaventure Scully, son of Dennis Sullivan and Ann (O'Hara) Scully, was born in Pittsburgh, July 9, 1818. He was graduated from the Western University of Pennsylvania with the elass of 1837. IIe registered November 13, 1837, and was ad- mitted April 14, 1841, on motion of his pre- eeptor, Richard Biddle, and was solieitor for the city of Pittsburgh in 1849. He died April 7, 1874, and was buried in St. Mary's cemetery, Pittsburgh, Pa.

James Stewart was admitted April 24, 1841.

E. Crawford was admitted May 3, 1841.

Nathaniel Buckmaster registered Febru- ary 1, 1841. He was admitted May 8, 1841, on motion of James Dunlop; preceptor, Christian S. Eyster.

Washington Crawford was admitted May 15, 1841, on motion of Christian S. Eyster.

Henry Warren Williams, LL. D., was born January 20, 1816, at Groton, Conn., son of Warren and Elizabeth Stanton (Gallup) Williams. His preparatory studies were pursued at Colehester and Plainfield acad- emies, Connectieut, and he graduated from Amherst college, Massachusetts, with the elass of 1837. He was afterwards principal of Southwiek academy, Massachusetts, one year. Removing to Pittsburgh in the winter of 1838-39, he entered the law office of Walter H. Lowrie as a student at law, and was admitted May 24, 1841, on motion of Walter H. Lowrie. In 1851 Mr. Williams was elected judge of the District Court of Allegheny eounty on the Whig tieket, de- feating Charles Shaler, the Demoeratie ean- didate. At the expiration of his term in 1861, he was re-elected for another term of ten years without opposition. In 1867 he was nominated by the Republican party of the state for judge of the Supreme Court and was defeated by George W. Sharswood

by a plurality of 927 votes. In 1868, on the resignation of William Strong from the supreme bench of Pennsylvania, Judge Wil- liams was appointed to fill the vacancy, and eominissioned October 26, 1868. In 1869 he was nominated by the Republican party for judge of the Supreme Court. the office which he then held by appointment, and was eleeted for the full term of fifteen years (and eominissioned November 19, 1869), de- feating Cyrus I. Pershing, the Democratie eandidate.

Judge Williams died in Pittsburgh, Feb- ruary 19, 1877, while yet in office, and was buried in the Allegheny cemetery, Pitts- burgh. The degree of LL. D. was conferred upon him by Amherst college in 1866. He was a member of and ruling elder in the Third Presbyterian ehureh, Pittsburgh, also a member of the American Board of Com- missioners for Foreign Missions. He was a professor of law in the Western University of Pennsylvania from 1863 to the time of his death. Charles S. Fetterman, Robert Woods and Hill Burgwin announced his death to the courts on the day after its occurrence.

IN MEMORIAM.

At the meeting of the Supreme Court of Pennsylvania on the 20th day of February, 1877; Chief Justice Agnew and Justiees Sharswood, Mercur, Gordon, Paxson and Woodward being on the bench.

Chief Justice Agnew announeed the death of Justice Henry W. Williams as follows:

"Gentlemen of the Bar-Melancholy news has been telegraphed to us. The death of . our brother, Justiee Henry Warren Will- iams, is the cause of great sorrow to us. Owing to his eontinued illness for many months it has not been altogether unex- peeted. It is now more than a year sinee he sat with us and aided us with his eounsels and enlivened us with his pleasant inter- course. He came to Philadelphia on the last day of 1875, and sat with us in consultation

H. W. Williams,

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on the first day of January, 1876, coming into court on the following Monday to de- liver his opinions. Called to his home on that day or the next by the illness of his wife, he was soon taken sick himself and has not been with us since. IIe had been a great sufferer when death came, in a dispensation of mercy, and relieved him yesterday shortly after one o'clock in the afternoon.

I regret that I am unable to state the lead- ing facts of his life with fullness and ac- curacy. Ile was born and reared on a farm in Connecticut, and received his primary education there. After graduating at Am- herst college he came to Pittsburgh, Penn- sylvania, about the year 1839, where he soon became engaged in teaching the classics in a select school, kept (if I remember aright) by his friend, C. B. M. Smith, Esq., a native of Connecticut also, who, like himself, was a student at law, both becoming afterwards prominent in their profession.

Judge Williams, I think, studied law un- der the late Chief Justice Walter II. Lowrie, then a leading practitioner in Pittsburgh. I know he became his partner, and continued so until Judge Lowrie was appointed to the bench of the District Court of Allegheny county. Afterwards Judge Williams became the leading partner in a firm composed of himself and the late William M. Shinn, Esq. In October, 1851, at the election under the amendment to the constitution of 1850, he was elected one of the judges of the District Conrt, and sat with the late Walter For- ward, who was chosen president. Judge Will- iams tilled that position with great aecepta- bility and credit. The Nisi Prius and be- fore a jury was his forte, and greatly' pre- ferred by him. He has often said to me that he loved to begin a cause, and going step by step with the evidence, build it up from the foundation. His mind was peculiarly recep- tive and retentive of facts, and his memory one of the most tenacious. He seemed never to forget a case he had onee heard, nor was

this peculiar adaptation to the trial of causes at all destructive of his power of analysis and sound judgment. He seized the leading points quickly and with a strong grasp. His oral arguments and his charges were always clear, pointed, discriminating and foreible. He was re-elected to the Distriet Bench, and was far in his second term when he was ap- pointed by Governor Geary in the latter part of October, 1868, to fill the vacancy on our bench caused by the resignation of Judge William Strong. He took his seat inme- diately, at Pittsburgh, the court being then in session there. In the autumn of 1869 he was elected by the people, and continued in service, with occasional interruptions of sick- ness, until the third or fourth of January, 1876, when he left for home, as I have stated. Our Brother Williams was a man of great probity and firmness of character, of con- seientious convictions and strict notions of duty. Of the old New England stock, he was reared and continued to live a consistent member of the Presbyterian church. siding with the New School, and yet coming into the union with the Old School with satisfac- tion. In purity and singleness his mind was especially conspicuous, swerving neither to the right nor to the left, so far as he knew himself. This was eminently so in the per- formance of his judicial duties. In consul- tation he was of great assistance to his broth- ers, his broad views and vigorous logie mak- ing his judgments valuable aids to correct conclusions. But it was not by these qual- ities alone he became endeared to us. His was a genial and kindly nature, filled with wit and good humor, poured out often in a sonorous voice, and with a liberality which made his intercourse enjoyable. We have, on like oceasions, listened with sorrow to the announcements of the deaths of those who had sat on this bench, but this is the first time, since the death of Judge Gibson in 1853, that the bench lost a member by death. It is sad, indeed, to know that a brother

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has been cut off from our midst, but so it is- so it must be. Still more keenly does this penetrating thought eome to us, who, from the very eharaeter of our bench, must have passed the zenith of life, and are on our de- scent to that broad horizon where all must come at last-where darkness settles and the wave of death engulfs. We pour this tribute from full hearts, yet knowing that sorrow cannot chain the parting breath, or our voices call back the spirit from its flight ; we must bid our friend and brother our last adieu."

At the conelusion of his remarks the Chief Justice ordered an adjournment of the court till Saturday morning next at 10 o'clock.

Published in Vol. 82, Pennsylvania State Reports, page 20.

Marshall Swartzwelder, son of John and Mary (Marshall) Swartzwelder, was born at Carlisle, Pa., March 13, 1819. He was edu- cated at Princeton, studied law with Wil- liam Priee of Hagerstown, Md., and was ad- mitted to the bar at Hagerstown by Judge Thomas Buchanan. He removed to Pitts- burgh in the autumn of 1840, and was ad- mitted to the Allegheny county bar May 31, 1841, on motion of James Findley. He was a member of the Pennsylvania State House of Representatives in 1848-49. Mr. Schwartz- welder died at Sewiekley, Allegheny county, Pa., September 28, 1884. His death was announced in court October 1, 1884. by David D. Bruce and Thomas M. Marshall. HIe was buried in Laurel Hill cemetery, Philadelphia, Pa.

William M. Bull was admitted July 3, 1841, on motion of Wilson MeCandless, on certificate from Cumberland county.

John A. Wills was born October 21, 1819, in Pittsburgh, Pa., son of John and Eliza (IIood) Wills. Ile was graduated from Washington college. Pennsylvania, with the class of 1837, and from the Dane law school, Harvard university, with the class of 1840. HIe registered October 21, 1840, and was

admitted October 21, 1841, on motion of Walter H. Lowrie; preceptor, Charles Shaler. Mr. Wills practiced in Pittsburgh until November. 1853, when he removed to San Francisco. Cal. Ile praetieed in San Francisco until 1856, when he removed to Chicago and practiced there until 1862, when he removed to Washington, D. C., where he practieed until 1878. In August, 1878, he went to England on legal business and re- mained abroad three years. After his return he resided at Washington until November, 1884, when he removed to Los Angeles, Cal.

James G. Reed was admitted Deeember 4, 1841, on motion of Richard Biddle.

Jacob B. Miller was admitted January 29, 1842, on motion of Moses Hampton. Mr. Miller was born at Uniontown, Pa., and re- ceived his elementary education in the schools of that town. He was graduated from Washington college, Pennsylvania, with the class of 1817, read law at Union- town, and was admitted to the Fayette county bar November 5, 1821. He was ad- mitted to the Allegheny county bar January 29, 1842, on motion of Moses Hampton, but resided and practiced at Uniontown, and died there in 1878.

Robert Porter was admitted February 8, 1842, on motion of Walter H. Lowrie. He died February 15, 1863, aged forty-five years. Mr. Porter served in the United States army in the Mexican war.

Robert H. Forrester registered March 4, 1840, and was admitted March 10, 1842, on motion of James Dunlop; preceptors, Moses Hampton and Alexander H. Miller.

James B. Sawyer graduated from the Western University of Pennsylvania with the class of 1837. He registered March, 1838, and was admitted April 9. 1842, on motion of Orlando Metcalf; preceptor, Walter Forward. Mr. Sawyer died of cholera in 1854. A bar meeting in his honor was held September 19, 1854.

Thomas Jefferson Fox Alden was admitted

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ALLEGHENY COUNTY

April 26, 1842, on motion of John Glenn. The surviving members of the bar of that day concur in saying that there was no member of the bar of the above name. The person admitted as above was evidently Timothy John Fox Alden, who was admitted in the District Court, January 22, 1840. The above admission we find recorded in the minutes of the court of Common Pleas of April 26, 1842, and therefore conelude that in reeording this latter admission, the pro- thonotary was misled or made a mistake in the first two names of Mr. Alden.

Francis Rawn Shunk was born in Mont- gomery county, Pennsylvania, August 7, 1788. He was a school teacher at the age of fifteen. In 1812 he was appointed to a clerkship in the office of the surveyor gen- eral and while there studied law and was admitted to practice. In 1814 he served in the United States forees for the defense of the city of Baltimore against the British.

Mr. Shunk served for several years as as- sistant elerk of the state house of Represen- tatives at Harrisburg, and was also seere- tary of the Board of Canal Commissioners. He was secretary of the commonwealth from January 15, 1839, to January 25, 1842. He then removed to Pittsburgh and was ad- mitted to the Allegheny county bar May 3, 1842, on motion of James Findley. In 1844 Mr. Shunk was the nominee .of the Demo- cratic party for governor of Pennsylvania, and was elected. He served as governor from January 21, 1845 to July 9, 1848, when, on account of ill health, he resigned. He died at Harrisburg, Pa., July 20, 1848, and was buried at the Trappe, Montgomery county, Pennsylvania.

Harrison Perry Laird was born in West- moreland county, and graduated from Jef- ferson college with the class of 1837. He registered as a law student with Charles Shaler at Pittsburgh, Pa., April 22, 1840. He was admitted May 9, 1842, on motion of Robert Robb.

Mr. Laird removed to Greensburg, West- moreland county, Pennsylvania, where he spent his life in the profession. (See detailed sketch in Westmoreland county.)

Seth T. Hurd was admitted August 4, 1842, on motion of Thomas Williams, on cer- tificate from Washington county.

C. B. M. Smith was born December 17, 1813, near Preston, Conn., son of the Rev. B. B. and Calista (Terrill) Smith. He was a non-graduate of the elass of 1837 at Am- herst college, Massachusetts, and the same institution conferred upon him the degree of A. M. in 1852. Mr. Smith removed to Pittsburgh in 1836 and beeame professor of . elassies in the Western University of Penn- sylvania, and organized a gymnasium a few years thereafter. He registered as a law stu- dent with Walter H. Lowrie, and was ad- mitted August 22, 1842, on motion of Walter HI. Lowrie. He died at Pittsburgh, June 18, 1877, and was buried in Mount Lebanon cem- etery, near Pittsburgh. His death was an- nounced to the courts June 19, 1877, by John H. Hampton, Robert Woods and John R. Large.

Mr. Smith was one of the strong men of the bar in his day. Blessed far above the common with a mind at once comprehensive and analytical, he was well equipped for the battles of the forum. It was said of him that he never gave quarter. Be that as it may, it is well known that he never asked for quarter. He died in the high noon of his usefulness, lamented by the bench, bar and people, leaving a memory of sweet- smelling savor to his stricken family. His full name was Curtis Benjamin Miner Smith.

Mr. Smith eame to Pittsburgh with H. W. Williams, afterwards a judge in our District Court and of the State Supreme Court. They established and conducted a classical school in the Wilkins house on Water street, where the Monongahela House stands. They read law together with the Honorable Walter H. Lowry. Mr. Smith was solicitor for the city

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of Pittsburgh in 1845 and 1846. He was attorney for the Pittsburgh & Steubenville Railroad Company and for the Atlantic and l'aeific Telegraph Company until its absorp- tion by the Western Union.

Mr. Smith was trustee of the Western Uni- versity of Pennsylvania, and of the Third Presbyterian Church, of which he was long a member. Albert York, Frank W. and Ed- win W. Smith, prominent and leading young members of our bar, are his sons.

George W. Layng was admitted Septem- ber 3, 1842, on metion of James W. Buch- anan, on certificate from Dauphin county.

William Elder registered July 1, 1839, and was admitted September 6, 1842, on motion of Moses Hampton.

Willshire Scott Courtney, son of William and Margaret (Seott) Courtney, was born at Courtney's Mills, now Emsworth, Allegheny county, Pa., March 1, 1819. He was edu- cated in the schools of the country and eity and taught for a while when reading law. He registered April 1, 1840, and was ad- mitted September 10, 1842, on motion of his preceptor, Robert Woods.

Mr. Courtney practiced in Pittsburgh un- til 1856, when he removed to the eity of New York to become associate editor of The Spir- itual Age. He was also admitted in New York and engaged in praetiee there. In 1859 he went to San Domingo and engaged in gold mining, and returned from there in broken health. Arriving in Pittsburgh in the spring of 1863, he died there May 9 of that year and was buried in the Allegheny ceme- tery. Pittsburgh. Mr. Courtney was the author of The Farmers' Manual and Ready Reckoner. He died in the faith and doe- trines of the church of Swedenborg.

William M. Shinn, son of Asa Shinn, was born June 16, 1809, at Baltimore, Md. He registered December 23, 1835, and was ad- mitted to the bar October 15, 1842, on mo- tion of Thomas MacConnell. His preceptor was A. W. Marks. Stephen H. Geyer an-

nounced his death to the courts September 2, 1865, as having occurred August 30, 1865, at his residence at Evergreen hamlet in Ross township. Mr. Shinn was buried in Al- legheny cemetery, Pittsburgh.

Reade Washington was born in 1796 at Audley, Frederick county, Va., son of War- ner W. and Sarah Warner (Rootes) Wash- ington. He was graduated from the elassi- cal and medieal department of the univer- sity of Pennsylvania. Ile studied law and was admitted to the Franklin county bar in 1820, and to the Allegheny county bar Oc- tober 24, 1842, on motion of Christian S. Eyster. Mr. Washington died in Pittsburgh, February 15, 1856, aged fifty-nine years, eight months and twenty-six days. IIe was buried in the Allegheny cemetery. His death was announeed to the courts February 16, 1856, by James E. Brady, Charles Shaler and Peter C. Shannon.

J. Robinson Elder was registered May 1, 1839, and admitted October 28, 1842, on mo- tion of James Dunlop.

James Harrison Sewell, son of James and Lueinda (Johnston) Sewell, was born Marel 9, 1813, at Baltimore, Md. He was admitted to the bar October 28, 1842, on motion of James Dunlop, his preceptor, and for a time was soleitor for Allegheny county. Mr. Sewell died August 5, 1885, in Allegheny City. He was buried in the Allegheny eeme- tery, Pittsburgh.

Robert Mcknight was born January 27, 1820, at Pittsburgh, Pa. He was prepared for college by the Rev. Hugh McMillan of Xenia, Ohio, and was graduated from Prinee- ton with the class of 1839: was admitted to the bar November 2, 1842, on motion of his preceptor, Richard Biddle. He was elected to Congress from the Allegheny distriet in 1858, and re-elected in 1860, serving both terms. Mr. MeKnight died October 25, 1885. at his residence in Allegheny City, and was buried in the Allegheny cemetery, Pitts- burgh, Pa. He was President of common

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council of the eity of Pittsburgh in 1849- 1850-1851. His death was announeed to the courts October 26, 1885, by Jaeob F. Slagle and A. M. Brown.

Mr. MeKnight's professional life was mostly in a eo-partnership with Robert B. Carnahan. Mr. Carnahan was an all around positive man ; he knew the law, the facts, the how, the why and wherefore and was seldom mistaken. Mr. MeKnight, although a well educated and well trained lawyer, was smothered, as it were, by the peculiar powers of Carnahan and therefore did not attain the position, especially in eourt work, for which he was well equipped. In addition, having married a daughter of Mr. Harmer Denny, his time was very much taken up in the man- agement of the large Denny estate, thus drawing him away from the practice of his profession.

When he entered politieal life, it served him as it does other professions-preaeher or doetor-clouds the professional attain- inents, be they ever so bright. Mr. Me- Knight's private life was elear. He was a consistent and intelligent member of and of- ficer in the Presbyterian Church, devoting much time to its affairs and to his Sunday School. It is a pleasant reeollection of the writer that he was the companion of Mr. Mc- Knight in his first campaign for Congress. Ilis opponent was a formidable one, the Hon. Thomas Williams of Allegheny. Speeches in the afternoon at a eross road, grove or sehool house, speeches at night in the village or tavern. Mr. McKnight was a teetotaler, as it was called. He would not drink intoxicating liquors, would not treat, would not pay for them in any manner. His absolute con- sistency commanded the respect of the drinkers, and I am satisfied he got more of their votes than if he had treated. His four years in Congress were marked by an intel- ligent and conseientious discharge of the va- ried duties of that position. After leaving Congress his health failed and he traveled

much in Europe and elsewhere for relief, but none came and he died comparatively a young man, but beloved and respeeted by all who knew him.

William R. Titcomb registered July 27, 1840: was admitted November 2, 1842, on motion of his preceptor, Walter H. Lowrie.

William C. Logan was admitted November 24, 1842, on motion of Moses Hampton.

Francis C. Flanegin was born in 1799 near Finleyville, Washington county, Pa. He never attended school or college, but edu- cated himself at home after his marriage. He registered as a law student in Allegheny county with Thomas Mellon, May 28, 1840, and was admitted in Washington county in November, 1842, and to the Allegheny eounty bar November 30, 1842, on certificate from Washington county, on motion of Moses Hampton. Mr. Flanegin was elected district attorney of Allegheny eounty in 1850 for three years and was sworn into offiee No- vember 4, 1850. He was the first distriet at- torney in the county under the law making that office elective. He served three years and was sueeeeded by R. Biddle Roberts. Ile died January 9, 1866, at Coltersville, Al- legheny county, Pa.

James Dundas Biddle was admitted De- cember 3, 1842, on certificate from Berks county, on motion of Riehard Biddle.

John Dunbar Creigh was admitted Deeem- ber 20, 1842, on motion of William Wilkins.

Lecky Harper, son of Hugh and Catherine (Long) Harper, was born Deeember 29, 1815, in Donegal county, Ireland. Through his maternal ancestry he was a relative of Wil- liam Lecky, a former sheriff of Allegheny county. The family eame to America in 1820, and settled at Washington, D. C. In 1826 Mr. Harper removed to Jefferson county, Ohio, and Lecky learned the art of printing at Steubenville, Ohio. In 1832, with Judge Wilson of Ohio, he established The Pennsylvanian, the first daily paper pub- lished in Pittsburgh. In 1837 he returned to

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Steubenville and bought an interest in the American Union. In 1839 and 1840 he re- ported the proceedings of the Ohio Legisla- ture for the Ohio Statesman. Returning to Pittsburgh he registered as a law student with Andrew W. Loomis, Orlando Metealf and Alfred W. Marks, and was admitted to the bar December 23, 1842, on motion of Orlando Metealf. Mr. Harper removed to Cadiz, Ohio, after his admission, where he praetieed and edited the Sentinel until 1846, when he returned to Pittsburgh and bought the Pittsburgh Post, then printed on a hand press. He published the Post until 1853, when he removed to Mount Vernon, Ohio, where he edited and published the Mount Vernon Banner and served a term in the Ohio Senate.

Nathaniel B. Hatch registered August 29, 1840; admitted Deeember 24, 1842, on mo- tion of Thomas Mellon. Preceptor, Thomas Mellon.

John Joseph .Mitchel, son of Lawrenee and Mary (Smythe) Mitehel, was born June 19, 1819, in Pittsburgh, Pa. He was grad- uated from Mount Saint Mary's college, Em- mitsburg, Md., with the elass of 1839. He reg- istered Deeember 27, 1839, and was admitted December 30, 1842, on motion of Andrew Burke. His preceptors were Orlando Met- calf, Andrew W. Loomis and Alfred W. Marks.

At the present writing, Mr. Mitehel is vet in aetive praetiee and the oldest member of our bar in practice. When our brother is ealled henee, if he could hear the many good things his surviving friends shall say of him, he will doubtless ask leave of absenee for a short time, and meet again the many warm friends of a lifetime yet dwelling in the flesh.

After writing the above John Joseph Mitehell passed from time to eternity-Sep- tember 19, 1902. His path in the profession may have seemed humble and obseure to some, but to those who knew him well his

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The twentieth century bench and bar of Pennsylvania, volume II, Part 35

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