The twentieth century bench and bar of Pennsylvania, volume II, Part 38

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

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THE BENCH AND BAR OF PENNSYLVANIA

audience at will. When argument failed, he had a store of wit, story, jest, puns, bur- lesque description of public characters of the day, which kept his audience in a roar as long as he was willing to talk. He had a re- markable recollection of people, and set him before any audience in the county, he would likely know the names and faces of the most of them. Although he was not what the world calls a scholar, yet he was a great reader and could remember nearly every book for years and years after he had thrown it aside. He was passionately fond of horses and dogs, and in the hunting sea- son was much of his time in the woods.

A kinder man to the poor, and especially to the unfortunate members of the profes- sion, never lived. He had a great warm heart for all his friends. It is said that when he undertook to announce to the court the death of his lifelong friend. Col. Samuel W. Black, who was killed at the battle of Gaines Mills, Virginia, his sobs and tears so over- came him that he had to be led to a chair.

A butcher who lived on the hills north of Allegheny had to drive past Marshall's house, and going home late Saturday nights, Marshall's flock of dogs interfered in some way with the butcher's comfort, and he called on me to prosecute or in some way abate the nuisance. I asked him how many dogs Marshall had, and he answered fifteen. I told him I would not take a case against Marshall if he had fifteen hundred dogs, but I would speak to him about it, and did so. Marshall asked me what the fellow com- plained of. I told him, also mentioning that the man said he had fifteen dogs. Marshall's reply came quick as a flash: "He's an in- fernal liar-I only have thirteen, but I'll shoot every blessed one of them rather than annoy my neighbors." There were no more complaints about Marshall's dogs.

Mr. Marshall's love for his father, mother and his immediate family was phenomenal ; it was indeed more than love-it was pas-

sion. Mrs. Marshall died suddenly. The Su- preme Court was in session when the news came. The court immediately adjourned, and, taking conveyances, the judges drove out to the Marshall residence to comfort, re- lieve and console as best they could. It was a compliment to this great, good man and his family, seldom, if ever before, paid by that court.

Marshall had an office boy to whom he was very much attached. He lived with his family in the upper story of the Yoder build- ing, and was taken down with fever. Until the boy was out of danger, Marshall visited him once and sometimes twice a day, elimb- ing up the long winding stairway for the purpose.

I defended an Irishman once for knocking down the tollkeeper of the Pittsburgh and Allegheny bridge. on a Fourth of July. Mar- shall prosecuted for the bridge company; iny client was acquitted, with costs on prose- cutor. When the case was over, Marshall said to me, "It is good for me, the first ease I ever prosecuted in my life. and if your man had killed the toll-keeper I would have defended him without money and without price." His great Irish heart impelled hin to bound to the side of any one in trouble or danger, in court or out of court.

John H. Rankin registered October 3, 1843, and was admitted October 4, 1847, on motion of David Ritchie. Preceptors, Moses Hampton and Alexander H. Miller. Mr. Rankin removed to St. Louis, Mo., soon after his admission.

Edwin McMasters Stanton was born De- cember 19, 1814, at Steubenville, Ohio. His education was obtained in the schools of Steubenville. He was a few months at Ken- yon college, when he left and took a clerk- ship in a book store at Columbus, where in leisure hours he studied law and was admit- ted to the bar in 1836. He commenced prac- tice at Cadiz, and was district attorney for Harrison county one term, at the expiration

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ALLEGHENY COUNTY

of which he removed to Steubenville. In 1839 he was elected reporter of the Supreme Court by the Ohio Legislature, which posi- tion he held for three years. Mr. Stanton was admitted to the Allegheny county bar October 20, 1847, on motion of Andrew W. Loomis, and removed to Pittsburgh in 1848. He was attorney general of the United States from December 20, 1860, to March 5, 1861, and was secretary of war from Jan- nary 15, 1862, to May 28, 1868. He was commissioned a justice of the Supreme Court of the United States, December 20, 1869, but died at his residence at Washing- ton City, December 24, 1869, before taking his seat.

Sterling character, abilities of the highest order, unusual opportunities, with abound- ing love of country, combined in making Mr. Stanton one of the foremost men of his day. He stood in the very front rank of his pro- fession in all its branches. It was the for- tune of the writer to hear Mr. Stanton try three important cases: one was that of the cotton factory girls' riot in Allegheny; an- other was as to the ownership of the prop- erty of the Covenanter church after the divi- sion of that body; the other was an action of an eastern capitalist against the sheriff of Allegheny county for selling a circus show on a writ against the celebrated "Dan" Rice, in whose possession the prop- erty was at the time of levy, the eastern man claiming the property and alleging that "Dan" Rice was merely his agent. Stan- ton's cross-examination of the inimitable Rice as to his acquisition and loss of "circus shows" and other properties was a rich treat.

Although Stanton's practice had been mainly on the civil side of the courts, his successful defense of Gen. Daniel E. Sickles for the killing of Key, tried in Washington, was watched by the bar and the people not only in this country, but in many other conn-

tries, and brought him the highest commen- dation.

Strength, ability, determination, aggres- sion and power were characteristics of Stan- ton, in action or repose. When the great question arose involving the life of the na- tion, Stanton loomed up, a giant, with a giant's power in its defense, and laid down his life on the altar of his country as fully and absolutely as if he had fallen with rebel bullet through his great heart, on the battle- ficid.

Joseph Henderson was admitted March 7, 1848, on motion of Thomas J. Bigham.

Edgar Cowan was born September 19, 1815, in Westmoreland county, Pennsyl- vania. He was graduated from Franklin college, Ohio, with the class of 1839. He studied law at Greensburg and was admitted to the Westmoreland county bar in 1842, and to that of Allegheny county on April 27, 1848, on motion of Thomas Williams. Mr. Cowan was a member of the Pennsylvania electoral college in the presidential election of 1860. He was elected to the United States Senate by the Legislature of Pennsylvania in 1861 and served six years. He died at Greensburg, Westmoreland county, Pa., Au- gust 29, 1885, and was buried in St. Clair cemetery, Greensburg.

William McCandless, son of William and Mary (Eliott) MeCandless, was born in the city of Pittsburgh, Pa., October 29, 1812. He was commissioned prothonotary of Alle- gheny county December 24, 1832, to succeed his father, William McCandless, Sr., who re- signed on account of failing health. He served until November 5, 1833. William Me- Candless registered as a student at law with his brother, Wilson McCandless, on October 1, 1841, and was admitted May 8, 1848. Ile was appointed prothonotary of the Supreme Court of Pennsylvania for the Western Dis- triet, September 1, 1845, and was reap- pointed November 13, 1847, for three years

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THE BENCH AND BAR OF PENNSYLVANIA

from September 1, 1848. He died at Pitts- burgh, September 13, 1857, and was buried in the Allegheny cemetery, Pittsburgh.

James F. Kerr registered December 4, 1844, and was admitted May 8, 1848, on mo- tion of John A. Wills. Preceptor, Walter Forward. Mr. Kerr died in Liverpool, Eng- land, in 1883.

John Naff McGuffin, son of Robert N. and Susan (Naff) MeGuffin, was born September 18, 1821, at Newville, Pa. IIe was graduated from Jefferson college with the class of 1846, read law with his brother, L. L. McGuffin, at New Castle, Pa., came to the bar, and re- sided and practiced there. He was admitted to the Allegheny county bar June 15, 1848, on motion of Alexander M. Burns. Mr. Mc- Guffin died at New Castle, February 23, 1859, and was buried there. The degree of A. M. was conferred upon him by Jefferson college in 1849.

John Stanard was admitted June 19. 1848, on motion of C. O. Loomis, on certificate from Indiana county. Mr. Stanard resided and practiced at Indiana, Pa.

John D. Jennings was born February 8, 1824, at Pittsburgh, and was educated in the schools of Pittsburgh. Ile registered July 18, 1845, and was admitted June 29, 1848, on motion of C. O. Loomis. Preceptors, Orlando Metcalf and Audrew W. Loomis. Mr. Jen- nings removed to Dubuque, Iowa, April 17, 1851, and engaged in the practice of the law. In 1859 he was elected to the State House of Representatives of Iowa, and at the ex- piration of his term in the House was elected to the Senate, where he served four years, and while there received the Democratic vote of the Legislature for United States Senator.

Charles W. Robb was born February 5, 1822, at Muncy, Pa. He registered May 19, 1846, and was admitted June 29, 1848, on motion of C. O. Loomis. Preceptor, Charles Shaler. Mr. Robb died April 3, 1894, and was buried in the Allegheny cemetery, Pitts-

burgh. He was a good lawyer, had a large and lucrative practice, had no enemies, was a remarkably congenial man, loved and re- spected by the bench, the bar and the people.

Thomas B. Kennedy registered September 14, 1846, and was admitted October 2, 1848, on motion of James I. Kuhn. Preceptor, Charles Shaler.

John T. Cochran was admitted October 23, 1848, on motion of James I. Kuhn. Mr. Cochran died in Pittsburgh in October, 1865. Ilis death was announced in court October 6, 1865, by Thomas M. Marshall. He had re- moved to the city of New York and was en- gaged in the practice of his profession there for several years before his death.

J. P. Fleming was admitted November 2, 1848, on motion of Thomas J. Bigham.

Obadiah W. Langfitt was admitted No- vember 20, 1848, on motion of Charles Sha- ler.

Robert Brown Carnahan, son of William and Mary (Brown) Carnahan, was born April 23, 1826, in St. Clair (now Union) township, Allegheny county, Pa. He was graduated from the Western University of Pennsylvania with the class of 1845, and was admitted December 6, 1848, on motion of Robert Burke. Preceptor, Walter Forward. Mr. Carnahan was appointed United States district attorney for the Western District of Pennsylvania, April 12, 1861, and served until the end of his third term, February 1, 1870. He was solicitor for Allegheny county from 1862 to 1865. He died at Pittsburgh, July 4, 1890, and was buried in the Alle- gheny cemetery, Pittsburgh.

Mr. Carnahan was a careful, painstaking lawyer of ripe sound judgment, with a large practice and he engaged in many of the hard fought cases in his day; he gave much attention to public affairs; had an iron con- stitution eventually broken by too close at- tention to business, taking him from us at an' age when he was much needed by his clients and the public.

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ALLEGIIENY COUNTY

William C. Friend was born in Maryland. He graduated from the Western University of Pennsylvania with the elass of 1845, and the same institution conferred upon him the degree of A. M. in 1848. Mr. Friend regis- tered December 1, 1845, and was admitted Deecmber 6, 1848, on motion of C. O. Loom- is. His preceptor was Thomas Williams. Mr. Friend died May 14, 1879, at Pittsburgh, Pa.

John Milton Kirkpatrick, son of the Rev. David Kirkpatrick, D. D., and Eliza (Moore) Kirkpatrick, was born December 1, 1825, at Milton, Northumberland county, Pennsyl- vania. He was graduated from Jefferson college with the elass of 1846, registered De- cember 1, 1846, and was admitted Deeember 1, 1848, on motion of his preceptor, Charles Shaler. Mr. Kirkpatrick was a member of the State House of Representatives from Allegheny eounty in 1854-5, and district at- torney for the county from 1862 to 1865. Ile was commissioned by the governor to fill a vacancy on the beneh of the District Court of Allegheny county, eaused by the promo- tion of Judge Williams to the Supreme Court of the state, and took his seat Novem- ber 21, 1868. In 1869 he was elceted to the same offiee for a full term of ten years, and was re-elected in 1879, the eourt having then bceome Common Pleas No. 2. On aeeount of protracted ill-health he resigned September 23, 1885, to take effect October 1, 1885, and was sueeeeded by Christopher Magee, Oeto- ber 10, 1885. Mr. Kirkpatrick lived in re- tirement thereafter, and died at his Alle- gheny City home, No. 6, Stockton avenue, October 16, 1898, at 2 a. m. He was buried in the Allegheny cemetery, Pittsburgh.

Robert F. Cooper was admitted Deeen- ber 7, 1848, on motion of James Dunlop.

Edwin Henry Stowe, son of Hiram and Martha (Darragh) Stowe, was born at Beav- er, Pa., January 2, 1826. He was graduated from Washington college with the elass of 1845, registered as a law student at Pitts- burgh, Pa., January 4, 1847, with Moses

Hampton and Alexander H. Miller, and was admitted January 10, 1849, on motion of John A. Wills. Mr. Stowe was elected a judge of the court of Common Pleas of Alle- gheny eounty in 1862, for a term of ten years, and was re-elected in 1872. On Mareh 15, 1877, his eommission as president judge was read in court and he was sworn by Hon. F. H. Collier, took his seat and served as president until the first Monday in January, 1883, when by virtue of an election of the preceding autumn, he was re-commissioned for another term of ten years, and by vir- tue of an election in 1892, was re-eommis- sioned for a term ending the first Monday of January, 1903.

When the foregoing sentenees were writ- ten of Judge Stowe, in the midsummer of 1902, he was elosing his fortieth year on the bench. His four eleetions of ten years each had been practically unanimous. He had been a Republican from the organization of that party, but never was a politician. For the election of 1902 he had been nominated, as usual, by that party. Internal dissensions in the party and disagreements as to the city and eounty government led a portion of the Republican party to unite with the Demo- eratie organization and in selecting their candidates some were Republiean and some Demoeratie.

James R. Macfarlane, Esq., Demoerat, a young lawyer of admitted ability and in- tegrity, was assigned as their candidate for judge of Common Pleas No. 1. At the elee- tion the combination was vietorious and Maefarlane was elected over Stowe. So that Judge Stowe's defeat was produced by a local political whirl with which he had noth- ing to do and his judicial work was not made an issue by either party. The result pro- dneed no bitterness of feeling, thought or speech on the part of Judge Stowe.

On the first Monday of January, 1903, he was on the beneh and administered the oath of president judge to his over thirty years

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THIE BENCH AND BAR OF PENNSYLVANIA

associate, the Honorable Frederiek H. Col- lier, and then the oath of office to his success- ful competitor, the Hon. James R. Macfar- lane, congratulated them and stepped down from the beneh with a lighter heart than when he took his first oath of office forty years before.

With well earned honors and reputation he could have gracefully retired to private life, but instead he walked right into line with the members of the bar and to-day stands shoulder to shoulder with them in the arduous work of the profession. Looking upon this most interesting historie seene, the ehange of judges in our first and oldest eourt, Judge Stowe seemed to me to be the only happy one in the dramatie pieture. That there were sad and aching hearts all of us well know.

Quincy A. Brooks registered January 1, 1846, and was admitted January 10, 1849, on motion of his preceptor, T. J. Fox Alden.

James K. Kennedy registered July 20, 1846, and was admitted Mareh 16, 1849, on motion of Wilson MeCandless. Preceptor, Charles Shaler.

John R. Large, son of Jonathan and Es- ther (Finney) Large, was born Mareh 12, 1819, in Mifflin township, Allegheny county, Pennsylvania. He was graduated from the Western University of Pennsylvania with the elass of 1846. He registered August 15, 1846, and was admitted Mareh 16, 1849, on motion of Charles Shaler. His preceptors were Wilson MeCandless and William B. MeClure.

Joseph Weaver, son of Benjamin and Naney (Sheaffer) Weaver, was born at Sa- lem, Westmoreland county, Pennsylvania, January 1, 1824. He was graduated from the college of New Jersey, Princeton, with the elass of 1846. He registered September 15. 1846, and was admitted Mareh 16, 1849, on motion of Charles Shaler; preceptors, Wilson McCandless and William B. MeClure. Mr. Weaver removed from Pittsburgh to

Iowa in November, 1854, and retired from the practice of the law. He resides at Du- rant, Iowa.

William Beeson was admitted April 14, 1849, on motion of James I. Kuhn.

Charles Naylor was born in Philadelphia, Pa., in 1806. He studied law and was ad- mitted to the Philadelphia bar in 1828. He was a member of the Twenty-fifth and Twen- ty-sixth Congress. Ile served with the Penn- sylvania Volunteers in the Mexican war. After the close of the war, he located in Pittsburgh and was admitted to the Alle- gheny eounty bar May 4, 1849, on motion of James Dunlop. After a few years' resi- denee here, he returned to Philadelphia, where he died December 24, 1872.

Oliver E. Shannon was admitted May 8, 1849, on motion of Wilson McCandless.

John H. McFadden registered April 17, 1847, and was admitted June 9, 1849, on mo- tion of Wilson McCandless. His death was announeed in court April 26, 1852, by Rob- ert B. Carnahan.

James Patterson Sterrett, LL. D., son of Robert and Margaret (Patterson) Sterrett, was born November 7, 1822, in Tusearora Valley, Juniata county, Pennsylvania. He prepared for college at Tuscarora academy, was graduated from Jefferson eollege, Can- onsburg, Pa., with the elass of 1845, and re- mained one year as prineipal of the prepara- tory department. He studied law at Car- lisle, Pa., completed his eourse at the uni- versity of Virginia, and was admitted to the bar of that state in 1848. Later he came to Pittsburgh and admitted to the Allegheny eounty bar June 9, 1849, on motion of James I. Kuhn.

Mr. Sterrett engaged in the praetiee of his profession here until January 4, 1862, when he was commissioned president judge of the Courts of Common Pleas, Orphan's Court, Quarter Sessions, Over and Terminer, and General Jail Delivery of AAllegheny county, by Governor Andrew G. Curtin, to fill the

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vacaney eaused by the death of Honorable William B. MeClure. At the election of 1862 he was elecetd to the same office for a term of ten years and was re-eleeted in 1872, and served until February 26, 1877, when he was commissioned a justice of the Supreme Court of the state of Pennsylvania, to fill the vacancy eaused by the death of the Honor- able Henry Warren Williams, having served as president judge of the Allegheny county courts aforestated, fifteen years, one month and twelve days. Judge Sterrett served un -- der his Supreme Court appointment afore- stated from February 26, 1877, to the first Monday of January, 1878, when he retired, having been defeated for the same office at the election of 1877. He immediately re- sumed practice in this city.

In 1878 his party (the Republican) re- nominated him for the Supreme Beneh of the state, and, being eleeted, he was eommis- sioned a Justice of the Supreme Court for a term of twenty-one years from the sixth day of January, 1879. January 20, 1893, he was commissioned chief justice of the Supreme Court to succeed the Honorable Edward M. Paxson, resigned, and served as chief justice to the end of his twenty-one year term; his entire service on the supreme bench being twenty-one years and ten months.

The degree of doctor of laws was con- ferred upon Judge Sterrett by Lafayette college, Pennsylvania, in 1882. During his term on the supreme bench, he removed from Pittsburgh to Philadelphia, where he died January 22, 1901, and was buried in the Allegheny cenietery, Pittsburgh.

Samuel James Renwick McMillan was born February 26, 1826, at Brownsville, Fay- ette county, Pennsylvania. Ile was graduat- ed from Duquesne college, Pittsburgh, with the class of 1846. He registered February 23, 1847, and was admitted August 15, 1849, on motion of Thomas MacConnell. Preeept- or, Charles Shaler. Mr. MeMillan removed to Stillwater, Minn., in 1852. In 1857 he

was elected judge of the First Judicial Dis- triet, Minnesota. In 1864, he was appointed associate justice of the Supreme Court to fill a vacaney, was elected and re-elected to the same office and resigned in 1874. Judge McMillan was appointed chief justice of the Supreme Court in 1874, and afterwards eleet- ed chief justice; he resigned when elected to the United States Senate. Ile was United States Senator from Minnesota from March 4, 1875, to March 4, 1887, twelve years.

Benjamin Bakewell Campbell was born in Allegheny City, Pa., and was graduated from the Western University of Pennsyl- vania with the class of 1845, receiving the degree of A. M. from the same institution in 1848. He registered August 27, 1846, and was admitted September 8, 1849, on motion of Andrew W. Loomis. His preceptors were Orlando Metealf and Andrew W. Loomis.

William Taylor was admitted September 15, 1849, on motion of C. O. Loomis.

Jasper E. Brady was born in New Jersey, and edueated in the public schools. He read law and commenced the practice of his pro- fession at Chambersburg, Pa. He was elect- ed to Congress in 1846, from the district which then included Chambersburg, serving from Mareh 4. 1847, to March 4, 1849. After the expiration of his congressional term, Mr. Brady removed to Pittsburgh and was ad- mitted to the Allegheny county bar October 6, 1849, on motion of James Dunlop. He practiced in Pittsburgh until 1861, when he was appointed to a clerkship in the office of the paymaster general of the war depart- ment at Washington, D. C. He died at Washington, January 23, 1870.

Daniel Rogers, son of James and Maria (Booth) Rogers, was born at New Castle, Del., and edueated in the schools of Wil- mington, Del., and at St. Mary's college, Baltimore. He studied law with his brother, William H. Rogers, and with his unele, James Booth, then chief justice of the state, and was admitted to all the courts of the

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THE BENCHI AND BAR OF PENNSYLVANIA

state and the Federal Courts at the age of twenty-one, and soon thereafter removed to Pittsburgh, and was admitted to the Alle- gheny eounty bar October 6, 1849, on nio- tion of James Dunlop. Mr. Rogers was asso- ciated with Peter C. Shannon in the praetiee of the law until Shannon's appointment as president judge of the Distriet Court of Alle- gheny county in November, 1852. He prae- 'ticed in Pittsburgh, until October, 1854, when he left for San Franeiseo, Cal., and arrived there December 1, 1854. Mr. Rog- ers has resided there continuously sinee, en- gaged in the practice of his profession. He represented the city and county of San Fran- cisco in the State Legislature of California. in the sessions of 1859-60-74.

John P. Penney was born December 15, 1817, in McKessport, Pa., son of James and Jane (Sill) Penney. IIe was graduated from Jefferson college with the elass of 1843, and admitted October 10, 1849, on motion of Francis C. Flanegin. He was in the State Senate for Allegheny county from 1859 to 1864, and was speaker of the Senate during the session ending in 1864. Mr. Penney died at Pittsburgh, January 4, 1873. His death was announced in the courts January 6, 1873, by A. M. Brown. He was buried in the Allegheny cemetery, Pittsburgh.

Mr. Penney proved his mettle and ability while a member of the Pennsylvania Senate in a crucial period of our Civil war. Mr. Penney was speaker during a session, but his term as senator did not expire with that ses- sion. It had been the custom in such ease for the speaker of the past session to eall the Senate to order, when the Senate would proceed to the election of a speaker. But at this time owing to the absence of Senator Harry White, who had gone into the military serviee, captured and held by the Confeder- ate government, the Senate was a tie on the great question of prosecuting the war or abandoning it. If Mr. Penney had followed the custom by retiring, no speaker could

have been elected and the Legislature of the state powerless.

The Governor at the time was critically ill and if he had died he would have had no suecessor, as the speaker of the Senate was by the constitution the suceessor to the of- fice of Governor. The condition was appall- ing to the supporters of the government. When the Legislature met Mr. Penney called the Senate to order and announeed that as the Senate was under the constitution and laws a continuous body, he was therefore speaker and would continue to preside, and in case of a vacancy in the office of Governor he would become Governor. This precipi- tated a long and bitter fight, lasting until Senator Harry White sent his resignation from Libby prison, an election ordered and held to fill his seat, a friend of the govern- ment eleeted, and the deadloek broken.

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The twentieth century bench and bar of Pennsylvania, volume II, Part 38

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