USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume II > Part 37
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When leaving, the Judge said, "Well, if I die, I suppose the lawyers will hold a bar meeting, and if they can say nothing else of me, they doubtless can truly say that if I had no other qualifications for a judge, that I at least had backbone."
Judge White was a great reader, student and scholar outside of the profession. In astronomy and chemistry, he could hold his own with regular professors in those branches. Lawyers, young and old, guilty of errors, written or spoken, were kindly re- minded of their mistakes. A young lawyer, making a motion on a Saturday, mispro- nouneed the term "bona fide"; when he had concluded what he had to say the Judge re- plied, "Mr. ----- , your ease will not spoil for a week and you can renew the motion next Saturday, and in the meantime, get your books and learn how to pronounce your Latin."
Judge White's addresses to the classes of
law students presented for admission, will long live in the memories of those addressed, and, indeed, by others who had the pleasure of hearing them.
Richard Cowan, son of Christopher and Eliza (Kirkpatrick) Cowan, was born in Au- gust, 1821, at Woodville, Allegheny county, Pa. He registered July 5, 1842, and was ad- mitted December 19, 1844, on motion of IIenry S. Magraw. His preceptor was James Findley. He was elected to the Legislature of Pennsylvania in 1853, and removed to Philadelphia in 1862. Mr. Cowan died at Philadelphia, June 12, 1878, and was buried at Westchester, Pa.
Alexander McKinney was admitted De- cember 26, 1844, on motion of Thomas Don- nelly, on certificate from Westmoreland county.
William Bakewell, son of William J. and Saralı (Needham) Bakewell, was born Feb- ruary 12, 1823, at Chester, England. He was educated in England. Mr. Bakewell regis- tered January 10, 1842, with John F. Beaver, and also read under the directions of Charles .S. Bradford, and attended the Pittsburgh law school, then in charge of Walter H. Lowrie. He was admitted January 13, 1845, on motion of Waiter H. Lowrie. Mr. Bake- well spent a long and useful life in Pitts- burgh. His professional work was almost entirely with patents and the laws relating to them, in which he was successful and at- tained a high rank. He died at his residence in Pittsburgh, November 8, 1900, and was buried in Allegheny cemetery.
James Robinson was born in Allegheny City : was admitted January 23, 1845, on mo- tion of Andrew Wylie; preceptor, William B. McClure. Mr. Robinson died January 4. 1868, aged fifty-seven years, and was bur- ied in the Allegheny cemetery, Pittsburgh.
Frank Johnston was admitted January 23. 1845, on motion of his preceptor, Walter For- ward.
Solomon Alter was admitted January 28,
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THE BENCH AND BAR OF PENNSYLVANIA
1845, on motion of Thomas H. Baird, on cer- tifieate from Washington county.
Ebenezer Boyce was admitted Mareh 24, 1845, on motion of Moses Hampton, on eer- tifieate from Washington county.
John George Seanor was admitted April 4, 1845, on motion of John F. Beaver, on eer- tificate from Belmont county, Ohio.
Joseph Sliker was admitted April 29, 1845, on motion of Wilson MeCandless.
Cicero Hasbrouck was born August 10, 1818, in Sussex county, New Jersey. He reg- istered April 11, 1841, and was admitted May 10, 1845, on motion of Riehard Biddle. His preceptor was John Williamson. Mr. Has- brouck retired from the practiec a few years ago to his home at Idlewood, on the Pan- handle railway, six miles from the eity.
John Barton, son of Robert and Mary (Pereival) Barton, was born February 22, 1822, at Pittsburgh, Pa. He was educated in the common schools, registered February 11, 1843, and was admitted May 27, 1845, on motion of Thomas Hamilton; preceptor, Thomas Mellon. Mr. Barton died February 18, 1888, and was buried February 21, 1888, in the Homewood cemetery, Pittsburgh. His death was announeed to the courts Febru- ary 20, 1888, by David D. Bruee. Mr. Bar- ton had a large and luerative practice and shortened his life by over-work. He was coneerned in many of our most important cases in his time at the bar.
Mr. Barton also rendered conspicuous serv- ice for the eity in her eouneils. His favorite early studies were mathematies and mech- anism. He made several trips on the river steamers to New Orleans and baek studying their construction and machinery. He also gave especial attention to maritime law, and for many years attended to nearly all eases of that kind in our eourts.
Edmund Snowden registered July 4, 1842; was admitted September 13, 1845, on motion of Charles Shaler. Preceptor, Benjamin Patton, Jr.
Robert B. Sterling, son of Henry and Susan (Brown) Sterling, was born April 28, 1824, at Pittsburgh, Pa. He was graduated from Jefferson eollege with the class of 1841. registered May 6, 1842, and admitted Sep- tember 20, 1845, on motion of Richard Bid- dle. His preceptors were Samuel W. Blaek and Thomas Liggett, Jr. Mr. Sterling en- gaged in manufacturing, removed to Phila- delphia and died there October 17, 1877.
Samuel Palmer, son of Anthony Allaire and Mary (Bryan) Palmer, was born February 25, 1823, in Philadelphia, Pa., cdueated at Jefferson eollege, and was registered April 10, 1842. He was admitted September 20, 1845, on motion of Richard Biddle; preeep- tor, William E. Austin. Mr. Palmer died in Allegheny City, Pa., July 7, 1889, and was buried in Allegheny cemetery, Pittsburgh. A bar meeting in his honor was held July 9, 1889, and his death was announced to the courts July 10, 1889.
William Boyd registered June 22, 1843, and was admitted October 16, 1845, on motion of Richard Biddle. Preceptors, Moses Hamp- ton and Alexander H. Miller. Mr. Boyd's death was announced to the courts February 5, 1849, by Thomas J. Bigham and Alexander H. Miller.
William McMahon was admitted October 20, 1845, on motion of Andrew W. Loomis.
Joshua F. Cox was admitted October 27, 1845, on motion of Samuel W. Blaek. He was a member of the convention which framed the state eonstitution of 1838, and was also a member of the State House of Representatives of Pennsylvania. He resided and practiecd at Somerset, Pa.
J. Roberts Lowrie registered December 23, 1842, and was admitted January 21, 1846, on motion of Richard Biddle. Preceptor, Walter H. Lowrie.
David D. Bruce, son of Rev. Robert Bruce, D. D., and Margaret (Ganzman) Bruce, was born Mareh 3, 1823. . He was edueated at the Western University of Pennsylvania, regis-
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tered August 1, 1842, and admitted March 16, 1846, on motion of Richard Biddle. Pre- ceptor, John D. Mahon. Mr. Bruce retired from practice a few years ago and is spend- ing his time in leisure at his old home on Wilkins avenue.
The rest and retirement of Mr. Bruce are well earned. His abilities and opportunities were great and he used them discreetly and successfully for himself, his family, his friends, his elients and all the people where lie has spent his long and useful life.
William C. Aughinbaugh came to the bar in Franklin county. He removed to Pitts- burgh and was admitted to the Allegheny · county bar March 14, 1846, on motion of James Dunlop. Mr. Aughinbaugh died in Pittsburgh, November 17, 1888, aged sev- enty-three years and ten months. He was buried in the Allegheny cemetery, Pitts- burgh. His death was announced to the courts November 19, 1888, by James K. P. Duff.
Joshua B. Howell was born in Somerset county, Pennsylvania. He studied law in Uniontown and was admitted to the bar of Fayette county January 5, 1829, and to that of Allegheny county on March 24, 1846, on motion of Wilson MeCandless. Mr. Howell continued in the practice of his profession at Uniontown until the war of the rebellion, when he entered the service in the Eighity- fifth Regiment of Pennsylvania Infantry. He died in Virginia, September 14, 1864, from injuries received by the falling of his horse in an action two days before.
John D. Heslep registered in May, 1842, and was admitted March 30, 1846, on ino- tion of James Dunlop. Preceptor, Moses Hampton.
David W. Bell was graduated from Jeffer- son college with the class of 1842. He was registered April 15, 1843, and admitted May 6, 1846, on motion of his preceptor, Thomas Williams. He died April 1, 1892, and was
buried in Allegheny cemetery, Pittsburgh. Mr. Bell was a brother of Algernon Sidney Bell of the Pittsburgh bar.
Henry Clay Beeler was born in Peebles ' township, Allegheny county, Pa. He regis- tered February 25, 1843, and was admitted May 8, 1846, on motion of James Dunlop. Ifis preceptors were Orlando Metealf and Walter H. Lowric. Mr. Becler died in Pec- bles township, Allegheny county, March 29, 1847, aged twenty-four years one month and twenty-nine days. He was buried in Alle- gheny cemetery, Pittsburgh.
David Reed, son of James and Jane Ann (Alison) Reed, was born November 12, 1821, in Washington county, Pennsylvania. He was graduated from Washington college with the class of 1843, commenced the study of the law with Thomas MeKean Thompson Me- Kennan at Washington, completed his course with William McKennan, and was admitted to the Washington county bar in May, 1846. Mr. Reed then removed to Pittsburgh and was admitted to the Allegheny county bar June 16, 1846, on motion of Andrew W. Loomis. He was attorney for the United States for the Western Distriet of Pennsyl- vania from March 24, 1874, to June 29. 1876. Mr. Reed died February 17, 1877 and was buried in the Allegheny eeme- tery, Pittsburgh. His death was announced to the courts February 19, 1877, by Jolin HI. Bailey, Hill Burgwin and Mareus W. Acheson.
John Nolan McClowry, son of Thomas and Catherine Marcella (Nolan) MeClowry, was born September 25, 1821, at Paterson, N. J. He was educated in the schools of Beaver and Allegheny counties, registered April 13, 1844, and was admitted June 18, 1846, on motion of Charles Shaler. His preceptors were Thomas Mellon and Nathaniel P. Fet- terman. Mr. MeClowry died October 5, 1888, and was buried in St. Mary's cemetery, Pitts- burgh.
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Jacob Bowman Sweitzer, son of Henry and An Elliott (Bowman) Sweitzer, was born July 4, 1821, at Brownsville, Fayette county, Pa. Ile was graduated from Jefferson col- lege with the class of 1843, studied law with Thomas McKean Thompson McKennan at Washington, Pa., and was admitted to the Washington county bar November 11, 1845. Soon after, Mr. Sweitzer removed to Pitts- burgh and was admitted to the Allegheny eounty bar, August 12, 1846, on motion of Andrew W. Loomis.
When Zachary Taylor became president, in 1849, he appointed Mr. Sweitzer attorney for the United States for the Western Dis- triet of Pennsylvania, to succeed John L. Dawson, and he served until May 9, 1853, when he was suceceded by Charles Shaler. Mr. Sweitzer served in the war of the rebel- lion in the Sixty-second Regiment Pennsyl- vania Volunteers, and as commander of brigade and division. After the war he was supervisor of internal revenue, was ap- pointed prothonotary of the Supreme Court of Pennsylvania for the Western Distriet, November 29, 1873, and served to the time of his death, which occurred at his resi- dence in Allegheny City, November 9, 1888. Mr. Sweitzer was buried in the Allegheny cemetery, Pittsburgh. His death was an- nouneed to the courts November 9 and 10, 1888, by Solomon Schoyer, Jr., George Shi- ras, Jr., and Charles W. Robb. He was able and faithful in all things.
Joseph C. Mckibben registered August 21, 1843, and was admitted September 1, 1846, on motion of James S. Craft. Preceptor, Walter H. Lowrie. Mr. Mckibben removed to California and was elected to Congress in 1856. IIe served in the war of the rebellion as a staff officer. At present he resides in Washington, D. C.
John Mellon was born in Ireland. He regi- istered January 1, 1843, and was admitted September 5, 1846, on motion of James S. Craft. Preceptor, Cornelius Darragh. Mr.
Mellon was deputy attorney general for the eounty of Allegheny. He died September 24, 1872, aged forty-eight years. Ifis death was announced to the courts on the day of its occurrence, by Robert Woods. IIe was bur- ied in St. Mary's cemetery, Pittsburgh.
Algernon Sydney Bell, son of William Jr., and Margaret Van Horn (Dwight) Bell, was born at Pittsburgh, Pa., August 8, 1823. He was graduated from Jefferson college with the class of 1842, registered November 1, 1842, and was admitted September 5, 1846, on motion of Richard Biddle. Preceptor, Robert C. Grier. Mr. Bell died at Pittsburgh August 27, 1879, and was buried in the Alle- glieny cemetery, Pittsburgh. His death was announced to the courts the day after its oc- currence, by Marshall Swartzwelder.
Reese Hill Hawkins was born in Greene county, Pennsylvania, son of William G. and Jane (Hill) Hawkins. He was educated at Jefferson college, Pennsylvania, and regis- tered as a law student with James Findley, October 4, 1842, but pursued his studies mainly under Walter Forward. He was ad- mitted September 19, 1846, on motion of George W. Layng. Mr. Hawkins died May 22. 1851, aged twenty-seven years, and was buried in the Allegheny cemetery, Pitts- burgh. His death was announced to the courts on the day of its occurrence by Jasper E. Brady and Wilson McCandless.
Michael Dan. Magehan, son of James and Appolonia (Dougherty) Magehan, was born in 1807, near Loretto, Cambria county, Pa. IIe was edueated at Loretto, and studied law with William R. Smith at Huntingdon, and was admitted to the bar in 1825. Mr. Mage- han spent his professional life principally in Cambria county. He was a member of the State House of Representatives in the ses- sions of 1844-45 and 1845-46. He was admit- ted to the Allegheny eounty bar November 5, 1846, on motion of Wilson McCandless. Mr. Magehan died at Ebensburg in his six- tieth year, and was buried there.
J. A. EMERY.
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ALLEGHIENY COUNTY
Stephen Haven Geyer, son of Jacob and Rachel (Haven) Geyer, was born in Allegheny City, Pa., July 22, 1823. Hle registered Sep- tember 9, 1844, and was admitted September 26, 1846, on motion of Charles Shaler. Pre- ceptor, Thomas Williams. Mr. Geyer died in Allegheny, October 19, 1893, and was bur- ied in Uniondale cemetery, Allegheny. He was a remarkably safe counsellor, and was a long time solicitor for Allegheny City, Alle- gheny county, and for many of the sheriffs of the county. Mr. Geyer was genial, com- panionable, popular and a noted wit. Pro- fessionally, his forte was to keep people out of trouble by preventing them from going into it.
Obadiah B. McFadden was born in 1817, at Washington, Pa., and was admitted to the Washington county bar, February, 1843. He was a member of the state House of rep- resentatives in 1843, and was elected protho- notary of Washington county in 1845. Mr. McFadden was admitted to the Allegheny county bar December 3, 1846, on motion of Wilson McCandless. He was commissioned associate justice of Oregon territory, August 4, 1853, and served until February 2, 1854, when he was commissioned associate justice of Washington territory, and served until June 4, 1858, when he was commissioned chief justice of Washington territory, serving four years in the latter office. In 1872 Judge Mc- Fadden was elected delegate to Congress from Washington territory, serving from March 4, 1873, to March 4, 1875. Ile died at Olympia, Washington territory, June 25, 1875.
Hugh Brady Wilkins, son of Captain John Holmes Wilkins of the United States army, and grandson of General John Wilkins, was born November 3, 1825, at Madison Bar- racks, Sackett Harbor, New York. His mother was Mary, daughter of John Dar- ragh, second mayor of Pittsburgh. He was graduated from the Western University of Pennsylvania with the class of 1842, and
from Yale with the class of 1844. Mr. Wil- kins registered September 25, 1843, with Cornelius Darragh, but completed his course with Charles S. Bradford. IIe was admitted December 7, 1846, on motion of David Ritchie. He died at Pittsburgh, Pa., Sep- tember 21, 1900.
Richard M. Ross was admitted December 18, 1846, on motion of Andrew W. Loomis.
Matthew I. Stewart was born in Pitts- burgh, Pa., in 1823. He was graduated from the Western University of Pennsylvania with the class of 1847, and from Jefferson college with the class of 1854. He registered November 23, 1844, and was admitted Feb- ruary 24, 1847, on motion of Henry W. Van Amringe. Preceptor, Walter HI. Lowrie. Mr. Stewart died October 10, 1866, in Philadel- phia, and was buried in Allegheny cemetery, Pittsburgh.
Robert Arthurs, son of William and Maria (Martin) Arthurs, was born February 9, 1824, in Pittsburgh, Pa. He was graduated from the Western University of Pennsyl- vania with the class of 1844, registered Feb- ruary 11, 1845, and was admitted May 1, 1847, on motion of David Ritchie. Precep- tors, Wilson McCandless and William B. Mc- Clure.
Thomas H. Baird, Jr., registered Septem- ber 12, 1842, and was admitted May 5, 1847, on motion of David Recd. Preceptor, Thomas H. Baird.
Charles E. Weaver was admitted June 2, 1847, on motion of Wilson McCandless.
Henry M. Kennedy registered October 19, 1844, and was admitted August 21, 1847, on motion of Thomas Donnelly. Preceptor, Thomas Mellon. On account of failing health, Mr. Kennedy went south and died at Nashville, Tenn., in 1850.
Alfred Brunson McCalmont, son of Alex- ander and Elizabeth Hart (Connely) MeCal- mont, was born at Franklin, Venango county, Pa., April 28, 1825. He was graduated from Dickinson college with the class of 1844,
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THE BENCH AND BAR OF PENNSYLVANIA
studied law at Franklin with his father, then president judge of the Eighteenth Judicial district, and was admitted to the Venango county bar in 1847. Mr. MeCalmont removed to Pittsburgh, and was admitted to the Alle- gheny county bar August 28, 1847, on mo- tion of James Dunlop. He was solicitor for the city of Pittsburgh in 1855, and was ap- pointed prothonotary of the Supreme Court of Pennsylvania for the Western District of Pennsylvania in March, 1855, and served three terms. He was assistant attorney gen- eral of the United States, with residence at Washington, from March 14, 1859, to April 20, 1861. Later in 1861 Mr. McCalmont re- turned to Franklin and resumed the practice of the law. He served during the war of the rebellion in the One Hundred and Forty- second and Two Hundred and Eighth Regi- ments of Pennsylvania Volunteer Infantry, and was brevetted brigadier general of vol- unteers for gallant and meritorious conduct during that war. At the close of the war he returned to Franklin, where he practiced until his death, which occurred at Philadel- phia, May 7, 1874, while under a surgical operation. He was buried at Franklin. Mr. McCalmont's death was announced in our courts May 9, 1874, by Marshall Swartz- welder.
Peter Connor Shannon, son of Thomas and Elizabeth (Connor) Shannon, was born Au- gust 25, 1824, at New Alexandria, West Moreland county, Pa. ITis education com- menced in the common schools of the county and was completed at the Blairsville acad- emy under Dr. Andrews and Martin Brain- ard, and at the Greensburg academy under Professor Jones. Mr. Shannon commenced the study of the law with John A. Wills at Pittsburgh, but failing health induced him to remove to Nashville, Tenn., where he con- tinued his studies with Return Jonathan Meigs. He returned to Greensburg and com- pleted his legal course with Henry D. Fos- ter, and was admitted to the Westmoreland
county bar in August, 1845. Soon after- wards he removed to Pittsburgh and was ad- mitted to the Allegheny county bar Decem- ber 1, 1846, on motion of Michael Dan. Magehan. Mr. Shannon was the Democratic candidate for Congress in the Pittsburgh dis- trict in 1852, but was defeated by David Ritchie. On the death of Walter Forward, president judge of the District court of Al- legheny county, Mr. Shannon was appointed by the governor to fill the vacancy, and served from November 27, 1852, until the first Monday of December, 1853. He was also the Democratic candidate for the same office in 1853, but was defeated by Moses Hampton.
At the outbreak of the rebellion in 1861, Judge Shannon was commissioned and en- tered the service as lieutenant colonel of the Thirteenth Pennsylvania Cavalry. Having been elected a member of the state House of Representatives from Allegheny county, he was prevailed upon by the men at the head of affairs of that day to resign his com- mission and take his seat in the House. Therefore, when the General Assembly of the state met he bade his regiment adieu at Baltimore and served in the House dur- ing the sessions of 1861-62. He was re- elected and served during the sessions of 1862-63, but declined a re-election in 1863.
President Grant tendered Judge Shannon the appointment of minister to Ecuador, which he declined. Later he was appointed chief justice of the Supreme Court of the ter- ritory of Dakota, and served from March 21. 1873, to January 2, 1882, when he resigned and was appointed, under President Ar- thur's administration, one of the three com- missioners to negotiate with the Sioux In- dians for the cession to the government of their lands in Dakota, in which service lie was engaged during the years of 1882 to 1885. He was also appointed during the same administration, through United States Attorney General Brewster, as a commis-
Most Nacapture
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ALLEGHENY COUNTY
sioner on the government service in Mon- tana.
While serving as chief justice of Dakota, Judge Shannon was president of a commis- sion for the preparation of a code. His work was mainly the codifieation of the common law. The report of this commission was enaeted by the Legislature and became the eode of the territory.
While sojourning at San Diego, Cal., for his health, the judge's team ran off and he was thrown out and died within a few hours from the injuries received, February 13, 1899.
Thomas Mercer Marshall, son of James and Jean (Peebles) Marshall, was born No- vember 20, 1819, in Newton county, Derry, Ireland. The family came to Pittsburgh in 1821, and settled in Butler county in 1824. At six years of age young Marshall was sent to reside with his brother James in Pitts- burgh. Here he was educated in the private schools of the eity; became bookkeeper in his brother's mereantile house, and at eight- een years of age was admitted to partnership and remained until his twenty-third year. Then he read law with Charles Shaler. Mr. Marshall registered April 21, 1843, and was admitted December 8, 1846, on motion of Henry S. Magraw. He died October 25, 1898, at 11:50 p. m., at his residence, Mar- shall and Perrysville avenues, Allegheny City, Allegheny county, Pa. He was buried in the Allegheny cemetery, Pittsburgh.
Nature showered her choicest gifts on Thomas M. Marshall without stint. With the merest business education, he came to the bar in his twenty-eighth year, and from the beginning to the end of his professional career it was a triumphal mareh. He pre- ferred the criminal side of the conrt, and it was there he won and held a place un- touched by any one, then, before, or sinee. To those who had the good fortune of hear- ing and seeing him in action, it was an event in a lifetime to be remembered.
My readers who never saw or heard him may expect me to describe him; it can- not be done. I would rather undertake to describe lightning to a blind man or the roar of a thunderbolt to a deaf man. He was the leader for the defense in all con- tested homicides. He commenced his ad- dresses by a few plain statements of fact or law in conversational tone and manner, and then he would warm up to the subject grad- ually, his necktie was soon thrown aside, and then the collar was torn from its fastenings ; his enffs came next, thrown anywhere, and Marshall was on sea with all sails set. His oratory was the natural speech and gestures of one in dead earnest, determined to win or die. When he spoke in important erin- inal eases, no one conld leave-it was a feast for high and low, rich and poor, learned and unlearned. IIe seldom took notes. His won- derful memory would follow a case for days and sometimes weeks at a time, and at the end he eould quote the testimony better than those who had taken notes. He was also a good-yes, I will say a great -- civil law- yer, but his fame won in the other side of the court seemed to overshadow anything he undertook elsewhere.
In aetions for damages, based on torts, he had a field as fully his own as in criminal cases. The writer once witnessed a ease in the Supreme Court, a many-sided civil action in which several lawyers made elaborate ar- guments. Marshall coneluded the ease on his side by stating in a few words a princi- ple, and added: "That principle governs this case, and the authorities I have eited in my paper-book establish that principle, and that is all I have to say"; took his hat and left the court room. It was so tragie that I followed the case and the court affirmed Marshall's principle, and the case was won.
Although Marshall never held an office, he was the principal speaker in all important political campaigns from 1840 until failing health compelled him to quit. He held an
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