USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume II > Part 4
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87
Nevertheless Chester is not a moss-grown village, but a progressive city of nearly fifty thousand inhabitants, fully abreast with the times.
So much by way of apology for beginning the history of the bench and bar of Delaware county in 1789.
On September 26, 1789, an act of assembly was passed dividing Chester county, and forming Delaware county out of that por- tion on the banks of the Delaware river, with the town of Chester as the seat of jus- tice; and in that year the following persons were appointed by the president and su- preme executive council of Pennsylvania, justices of the peace and of the courts of the new county, under the opinion of William Bradford, Jr., Esq., of October 9, 1789 (16 C. R., 187), that the former justices in that portion of the old county of Chester, which, by the division, became Delaware county, re- tained their offices of justices of the peace for the districts in which they were elected, but could not sit as justices of the courts without being appointed and commissioned by the council. In accordance therewith, the president and council made the following
appointments: (It will be observed that prc- vious to the above date the council had al- ready, September 28, 1789, appointed Wil- liam Richardson Atlee, Esq., clerk of the courts of Delaware county and a justice also. Atlee married Miss Wayne and settled at Chester.) Henry Hale Graham, president, November 7, 1789; Win. Richardson Atlee, justice, September 28, 1789; John Pearson, justice, October 12, 1789; Thomas Levis, Richard Hill, Morris and George Peirce, jus- tices, same date; Adam Grubb, (resigned), justice, November 28, 1789; Elisha Pricc, justice, March 16, 1790; Joel Willis, justice, July 15, 1790.
On November 9, 1789, the council discov- ered that the appointment of Henry Hale Graham was void, as he was not a justice of the peace when he was commissioned. So his appointment and commission were re- voked, and he was immediately appointed a justice of the peace, and appointed and commissioned "justice of the court of com- mon pleas and president of said court." Mr. Graham died January 23, 1790, while attend- ing a meeting of the Continental convention, of which he was a member, before he had an opportunity to take his seat on the bench.
On September 2, 1790, a new constitution for the commonwealth of Pennsylvania was adopted, and from its provisions justices of the peace ceased to be judges of the courts (they sat for the last time at West Chester, in August term, 1790) ; and the courts were rcorganized by dividing the state into cir- cuits or districts, including not less than three nor more than six counties, with a pres- ident judge learned in the law, appointed by the governor, and associate judges, lay- men, for each county not fewer than three, or more than four. The last court held in Clicster borough prior to the division of the county was held August 29-31, 1786, and the first court in the new county of Delaware was held in the same borough on November
628
THE BENCH AND BAR OF PENNSYLVANIA
9, 1789. Until adoption of Constitution of 1790, the eourts of Chester county had been hield from 1674, seven years before the ae- quisition of the provinee by Penn, a period of one hundred and sixteen years, by jus- tices of the peaee. In the division of the commonwealth into distriets in aeeordance with the new constitution, the first district was composed of the counties of Philadel- phia, Bueks, Montgomery and Delaware, so that the president judges of the Common Pleas and Quarter Sessions of Philadelphia presided in the Delaware county courts until the act of February 24, 1806, plaeed Dela- ware in the Seventh district, with Chester. Montgomery and Bueks counties. In 1821, aet of March 12, Chester and Delaware counties were formed into the Fifteenth Ju- dicial district, with a president judge, learn- ed in the law, and two associates, laymen, ir- reverently called "Flower-pot Judges." In 1851 all these offices became eleetive.
By the act of assembly of April 9, 1874, passed in accordance with the requirements of the new constitution of November 3, 1873, the eounty of Delaware became the Thirty- second Judicial district. The president judges of the courts of Delaware county, sinee its formation, have been Henry Hale Graham, appointed November 7, 1789; John Pearson, ad interim, 1790: James Biddle, appointed by the Constitution of 1790; John D. Coxe, April 6. 1797; William Tilghman, July 31, 1805; Bird Wilson. April, 1806; John Ross, February. 1818; Isaac Darling- ton, May 18, 1821; Thomas S. Bell, May, 1839; John M. Forster, December, 1846: James Nill, Mareh, 1847: Henry Chapman, March, 1848; Townsend Haines, elected Oe- tober, 1851; William Butler, elected Oeto- ber. 1861: John M. Broomall, appointed April, 1874: Thomas J. Clayton. elected No- vember 2. 1874; Isaac Johnson, appointed February 6, 1900, elected November 6, 1900, for a full term of ten years.
ASSOCIATE JUDGES.
Names and Date of Appointment and Elec- tion.
William Richardson Atlee (afterwards a member of the bar), Richard Hill Morris. John Pearson, Thomas Levis and George Pearec, 1789; Elisha Price and Joel Willis, 1790; Jolm Sellers, Mark Willcox and Rieh- ard Riley, 1791; Hugh Lloyd, 1792; John Crosby and Benjamin Brannon, 1799; John Pearce, 1823; William Anderson, 1826; Jo- seph Engle, 1827; Henry Myers, 1834; Dr. George Smith, 1836; George J. Leiper, 1843: Sketchley Morton and James Andrews, eleet- ed 1851; Frederick J. Hinkson and James Andrews, 1856; Charles R. Williamson and James Andrews, 1861; Bartine Smith and Thomas Reece, 1866, and in 1871, the last time associate lay judges were eleeted.
In January, 1877, the commissions of these associate lay judges expired, in aceordanee with the provision of the constitution of 1873.
BIOGRAPHICAL SKETCHES OF SOME OF THE PRESIDENT JUDGES.
The following account of Judge Tilgh- man appears in Ashmead's history of Dela- ware county :
Judge Tilghman, "a conspicuous figure in a line of distinguished jurists, was a native of Talbot county, Md., and early in 1772. when sixteen years of age, began reading law under the direction of Benjamin Chew. of Philadelphia. In 1783, after eleven years' study of the law, he was admitted to the bar of his native state. Before 1789, he removed to Philadelphia, where he rose rapidly to the front rank of the profession. In 1801 he was appointed chief judge of the Circuit Court of the United States. The organization of this court was stoutly opposed: from the fact that the appointments were made on March 3. 1801, and that night sent to the senate and
629
DELAWARE COUNTY
confirmed before President Adams vacated to make room for Thomas Jefferson, the judges were facetiously termed "midnight judges."
The act creating this court was repealed at the next session of Congress, April 29, 1802, and Tilghman resumed the practice of his profession. However, as previously sta- ted, he was appointed president judge of the Court of Common Pleas of the First district in 1805, a position he held less than seven months, for the death of Chief Justice Ship- pen making a vacancy, on February 25, 1806, Tilghman was appointed chief justice of Pennsylvania. He died in 1827.
Bird Wilson was appointed by Governor MeKean president judge of the Seventh dis- trict, and presided until February, 1817, when he laid aside the ermine and became a clergyman of the Episcopal church. Judge Wilson was distinguished for the soundness of his decisions, and it is said that only one was ever reversed in the Supreme Court. In 1813 he edited an edition of Bacon's Abridge- ment of the Laws, a standard English work. He died in New York, April 14, 1857, aged eighty-two years. He was a son of Hon. James Wilson, a signer of the Declaration of Independence.
John Ross was appointed by Governor Findley in 1818. He presided over the courts of the four counties, Chester, Dela- ware, Montgomery and Bucks, from Febru- ary 18, to May, 1821. The district was then divided and a new district formed called the Fifteenth Judicial district, composed of the counties of Chester and Delaware.
Judge Ross remained the president judge of the Seventh district, composed of the counties of Bucks and Montgomery. At the time of Judge Ross' appointment, he was a member of Congress. In 1830 he was ap- pointed an associate justice of the Supreme Court of Pennsylvania.
Isaac Darlington was appointed by Gov- crnor Heister president judge of the new
judicial district composed of Chester and Delaware counties, on the 22nd of April, 1839. On the death of Judge Darlington, Governor Porter appointed Thomas S. Bell his successor. He was commissioned May 16, 1839, and presided over the courts of the district from that time until his appointment by Governor Shunk to a seat on the bench of the Supreme Court, 18th of November, 1846.
In his intercourse with the bench and bar, Judge Bell was uniformly courteous and honorable. To the younger members of the bar he always evinced great kindness. He was a fluent speaker and a clear and forcible . writer, and as a judge gave great satisfac- tion to the bar and the people of the district. Ile died June 6, 1861, in his sixty-first year.
John M. Forster, of Harrisburg, was ap- pointed by Governor Shunk to succeed Judge Bell in December, 1846, and served until March, 1847, about three months, when his nomination was rejected by the senate.
On the rejection of Judge Forster, James Nill, of Chambersburg, was appointed and presided over the courts from March 23. 1847, until March, 1848, when his nomination was also rejected by the senate.
Governor Shunk then, at the solicitation of members of the bar of the Fifteenth dis- trict, appointed his son-in-law, Henry Chap- man, of Doylestown, presiding judge, on March 18, 1848, and he was forthwith unani- inously confirmed by the senate. His presi- dency extended from March 18, 1848, to De- cember, 1851. He was solicited by members of both political parties to become a candi- date for the office under the elective system, but he declined, it not being convenient for him to reside in that district.
Townsend Haines was elected president judge at the general election in October, 1851 (the opposing candidate being Hon. Thomas S. Bell), commissioned by Governor Johnston, November 6, 1851, and presided during the constitutional term of ten years
630
THE BENCH AND BAR OF PENNSYLVANIA
from the first Monday of December, 1851, to the first Monday of December, 1861.
He was succeeded by William Butler, who was elected at the general election, October 8, 1861. Judge Butler was commissioned by Governor Curtin November 20, 1861, and en- tered upon his duties December 2, 1861. He was re-elected in October, 1871, having filled the office to the entire satisfaction of the bar and of the people of the district, command- ing their unbounded respect and admiration. President Hayes appointed Judge Butler to a seat on the bench of the United States Dis- trict Court for the Eastern district of Penn- sylvania, a position he held for a quarter of a century, when he resigned to enjoy the quiet life of his home.
By the new constitution of 1873, the term of Judge Butler had expired in December, 1873, so far as Delaware county was con- cerned, which became the Thirty-second Ju- dicial district. Governor Hartranft nomina- ted Hon. John M. Broomall for president judge of the new district of Delaware coun- ty, and he was confirmed by the state senate.
John M. Broomall was born in Upper Chi- chester, Delaware county, Pennsylvania ; cd- ncated in "Friends" school, studied law with Judge Bouvier, of Philadelphia, was ad- mitted to the bar of Delaware county August 24, 1840, elected a representative to the as- sembly of Pennsylvania in 1851 and '52, elected a representative in Congress from 1862 to '68, and in 1872 he was elected a member of the Constitutional convention of Pennsylvania, and under the constitution adopted by this convention, in the making of which he took a leading part, and advo- cated on the stump to secure its adoption by the people, he received the appointment of president judge as above stated. He was a candidate for election in the fall of 1874, but was defeated by Thomas J. Clayton, in- dependent candidate, supported by the Dem- ocrats. During his incumbency a number of Judge Broomall's decisions were appealed
to the Supreme Court, but none of them were reversed. John M. Broomall was a country born and bred boy, farmer, school teacher, lawyer, scientist, philosopher, statesman, was also a progressive citizen, and he and John Larkin, Jr., gave new life to Chester about 1850. Mr. Broomall was for many ycars conceded to be the foremost citizen of Delaware county, both as a lawyer and broad minded statesman. He may be said to be the founder of a race of lawyers, both lineally and by preceptorship. His four sons, Will- iam B. Broomall, Jolın M. Broomall, Jr., Hen- ry L. Broomall and Carolus M. Broomall, all showed marked ability in the profession, and he has a grandson, John M. Broomall, 3rd, following in their footsteps. Outside Judge Broomall's family, it is probably a fact that a majority of the practicing attor- neys of the Delaware county bar at the pres- ent time (1903) were either students directly under the tuition of Judge Broomall, or stu- dents of those who graduated under him, so that before he died, it was a common remark that nearly all the lawyers of Delaware county, if not his sons, were his "sons-in- law."
Hon. Isaac Johnson, now presiding judge of the courts of Delaware county, said of Mr. Broomall, "I never knew John M. Broomall's equal before a jury."
For nearly sixty years that he was at the bar, he was engaged in the defense of all but two or three of the persons charged with the crime of murder in Delaware county, and no jury ever returned a verdict of murder in the first degree after listening to John M. Broomall's plea for the prisoner. His power to understand human nature, and to detect the operations of the minds of the jurors en- abled him almost unerringly to reach their understanding and sway their minds. He would select some particularly strong point, and by keeping it continually in view would use all other facts as ancillary to the domi- nant idea.
631
DELAWARE COUNTY
When not engaged in such strenuous causes, he often employed a quaint humor that was one of his characteristics. In a suit in which he represented the plaintiff, a Mrs. Dutton, against a lateral railway for damages for destroying what is called the "pit" in a small old-style briekyard, where the elay is mixed preparatory to its being shaped up into brick and placed in the kiln for burning, the defendant's counsel was in- clined to poke fun at the idea of such a di- lapidated briekyard being susceptible to damage of any sort. Mr. Broomall in his re- ply related the story of the old Scotch lady's commiseration for Charles the First when he lost his head.
"It were nae much of a head, but it was all the head he had," and so he said of the "pit" in Mrs. Dutton's brickyard, "It was nae much of a pit, but it was all the pit she had." If the jury had been sleepy before this, they rubbed their eyes as they caught the application of the humor, and gave Mr. Broomall's elient a verdict for at least all the pit was worth.
Judge Thomas J. Clayton was first elected president judge on an independent ticket whiel had the support of the Democratic party, against Judge Broomall, who was the nominee of the Republican party. This was in 1874. Judge Clayton was again eleeted in 1884 and in 1894 on the Republican tieket. He was a relative of John M. Clayton, fa- mous as a United States senator from Dela- ware. Judge Clayton's brother, General Powell Clayton, has occupied the positions of Governor of Arkansas, United States sen- ator from the same state, and ambassador from the United States to the republic of Mexico. Before Judge Clayton's advent to the beneh of Delaware county, he was for many years a sueeessful lawyer in the city of Philadelphia, though he continued his res- idenee in Delaware county, where he was born. He was an able and industrious judge. Though unknown as a politician before that
time, he demonstrated his politieal shrewd- ness in the election of 1874, and from that time until his death continued to exereise a controlling influence in the polities of Dela- ware county, though his power was always earnestly contested by his opponents. This antagonism was in a measure a perpetuation of the conflict by which he had originally defeated Judge Broomall, and brought about somewhat strained relations between Judge Clayton and a number of the members of the bar who had been Judge Broomall's stu- dents and who were friendly to Mr. Broomall and his family. Judge Clayton was never- theless a kind-hearted man. The desire to travel and see and describe the places he visited had a great fascination for him. He made numerous journeys to Europe, Asia, Africa and to all parts of the North Ameri- ean continent and the adjacent islands. He was a remarkably entertaining conversation- alist, and he published a volume of his let- ters from abroad which have characteristie originality.
Upon the death of Judge Clayton in Jan- uary, 1900, Isaae Johnson, the present pres- ident judge, was appointed by Governor Stone to fill the vaeaney. This appointment was received with great satisfaction by the people as well as by the members of the bar, and it was shortly afterwards ratified by a unanimous nomination by the Republican convention and an election by a very large majority over Hon. John B. Hinkson, one of the most popular and worthy members of the bar, who was the candidate on the Demoerat- ic tieket. Judge Johnson, who was familiar- ly known as "Captain" Jolinson, is a vet- eran of the Civil war. Before his admission to the bar, he was for many years prothono- tary and elerk of the courts of Delaware county, where his alert mind and aeeommo- dating disposition were of invaluable serviee to the members of the bar, old as well as young, in the conduet of their eases. He has the distinction of being the only member of
632
THE BENCH AND BAR OF PENNSYLVANIA
the bar ever admitted to practice without a formal examination as to his qualifications to be a member of the bar. He was admitted to practice by Judge Clayton on the motion of cx-Judge Broomall, who took occasion to say that Mr. Johnson's qualifications to be a member of the bar were so well known that it was entirely unnecessary for him to go through the form of an examination, and this view being concurred in by the court, he was at once admitted. This unusual act has been fully justified by Mr. Johnson's course both as a member of the bar and by his clection to the judiciary-a position he adorns by his fine administrative ability, which has been recognized in several other counties of Penn- sylvania, where he has been called to pre- side in the trial of a number of important causes.
Judge Johnson has a natural talent for public speaking and is much in demand in this line, especially on patriotic themes, and he is immensely popular with the veterans of the Civil war.
Members of the bar of Delaware county after the crection of the county in 1789:
1789.
William Tilghman (afterwards Judge Tilghman), William L. Blair, William Gra- ham, Joseph Thomas, Thomas Ross, Anthony Morris, Benjamin Morgan, John Todd. Thomas Ross, as well as Joseph Thomas, re- ceived the appointment as deputy attorney general for Delaware county in 1790.
1790.
Elisha Price, Thomas B. Dick, William Bradford, Jr., Jacob Bankson, Alexander Wilcox, Robert Porter, William Rawle, Mo- ses Levy, John Thompson, Jonathan D. Ser- geant, Matthias Baldwin, George Campbell, Sampson Levy, Anthony Morris, Benjamin Morgan.
1791.
Seth Chapman, Robert H. Dunkin, Nich-
olas Deihl, Isaac Telfalle, John C. Willis, Thomas Armstrong.
1792.
John Ross, Robert Frazer.
1793.
John D. Cox, Thomas W. Tallman, Joseph Hemphill.
1795.
Caleb Pierce, John Horn, William Ser- geant, James Hunter. William Sergeant was appointed deputy attorney general in this year for Delaware county.
1796.
David Moore, William Martin, Michael Kepple, William Richardson, Alexander J. Dallas. Mr. Martin was also a prominent physician.
1797.
Bird Wilson, William Ewing.
1798.
Joseph Reed, Washington Lee Hannum.
1799.
Jonathan T. Haight, Charles Chauncey, John Sergeant.
1800.
William Hemphill, Nicholas G. William- son, Jonathan W. Coudey, Richard Peters, Jr., Richard Rush, John Taylor, John Ew- . ing, Jr.
1802.
Isaac Darlington (afterward Judge Dar- lington), William Robinson, Jr.
1803.
Thomas Bradford.
1804.
James D. Barnard, Peter A. Brown, Charles F. Frazer, Charles Kisselman.
633
DELAWARE COUNTY
1805.
Richard Bache, Jr. Mr. Bache was ap- pointed deputy attorney general for Dela- ware county in 1809.
1806.
Samuel Edwards. At the time of his ad- mission to the bar, Mr. Edwards was twenty- one years of age. Although politically op- posed to the war of 1812, his patriotic in- stincts caused him to enter the military serv- ice. Mr. Edwards afterwards represented the county in the general assembly of the state, and in 1819 and again in 1825 he was elected a member of Congress, serving at the same time as James Buchanan, who aft- erwards became president.
1807.
Joseph Barnes, Benjamin Shober, John Edwards, Jr., Bayse Newcomb, Jr. John Ed- wards was appointed deputy attorney gen- eral for Delaware county in 1811.
1809.
Thomas R. Ross, William H. Todd, Ziba Pyle.
1811.
Samuel H. Jacobs, Jonathan Dunker.
1812.
Randall Hutchinson, Edward Ingersoll, Thomas D. Anderson, Clymer Ross, Charles Harland. Edward Ingersoll was this year appointed deputy attorney general for Dela- ware county.
1813.
Michael W. Ash, James M. Porter, Charles .J. Cox. Benjamin Tilghman was this year appointed deputy attorney general for Dela- ware county. Mr. Tilghman was one of the ablest practitioners of the county. He was engaged in practically all the prominent cases, civil and criminal, of. his time.
1814.
Charles Cotten, William Bowen, Thomas F. Peasants, James Henderson, Jonathan Hampden, John Kerlin. Mr. Kerlin served as a member of the state senate from Chester and Delaware counties.
1815.
Robert H. Smith, Benjamin Chew. Mr. Smith was this year appointed deputy attor- ley general for Delaware county. William HI. Dillingham also appears to have received such an appointment.
1816.
Isaac B. Barnard, Archibald T. Dick, San- nel J. Withy, Mathias R. Seyars, Henry C. Byrne, Edward D. Cox. Mr. Dick was a prominent man in military and political cir- cles.
1817.
Matthew Morris, Thomas Kittera, Henry G. Freeman, John K. Kane, James C. Biddle. Henry G. Greenman this year received the appointment of deputy attorney general for Delaware county.
1818.
Samuel Rush, Charles S. Cox. Samuel Rush this year received the appointment of deputy attorney general.
1819.
Joseph P. Norburry, John J. Richards, Na- than Potts, William Milner, Jr., John Duer, Arthur Middleton, Richard C. Wood.
1820:
Robert R. Beale.
.1821.
Edward Darlington. In 1824 he was depu- ty attorney general for Delaware county. Mr. Darlington was an able and prominent mem- ber of the bar and lived to a good old age.
634
THE BENCH AND BAR OF PENNSYLVANIA
He at one time represented this district in Congress. In the year 1821, Archibald T. Diek was appointed attorney general for Delaware eounty.
William Williamson, William Martin. Mr. Martin was also a physician. His son, John Hill Martin, also a member of the bar, is known as the author of several historical works, among them being a history of Ches- ter.
1822.
Townsend Haines, Aquilla A. Brown, John P. Owens, John M. Read, William S. Haines.
Judge Haines was elected president judge of the judicial distriet composed of the eoun- ties of Chester and Delaware, from 1851 to 1861. He was considered a profound and learned jurist.
1823.
Thomas S. Bell (afterwards Judge Bell), Thomas F. Gordon, Edward Richards, Bond Valentine, Thomas A. Budd, Thomas Dun- lap, Abraham Marshall, Jr., Francis E. Brew- ster.
1824.
Nathaniel Vernon.
1825.
John P. Griffith, William Kimber, Morde- cai Taylor. Mr. Griffith was deputy attor- ney general for Delaware eounty in 1836.
1826.
Jolin S. Newbold, Daniel Buckwalter, Sam- uel Chew, H. H. Van Amringe, William T. Smith, Lewis G. Pieree, William Darlington. Mr. Darlington, though a Chester countyan, had a large practice in Delaware county, and during his day took a leading part in nearly all the important causes tried in Dela- ivare county. He was a very able lawyer.
1827.
John Cadwallader, Joseph J. Lewis, John
S. Bowen, John K. Zeilin. Mr. Lewis was deputy attorney general in 1845. Mr. Lewis was also a Chester countyan, and, like Mr. Darlington, praetieed largely in Delaware county. He and Mr. Darlington were often pitted against each other, and they were very evenly matelied. Darlington had the better control of his temper, and he used this qual- ity at times with telling effect upon Mr. Lewis, who was somewhat irritable in lis dis- position. Mr. Zeilin for many years oeeu- pied a prominent place in the politics of Del- aware county, and also in the military. In 1830 he was deputy attorney general for Del- aware eounty.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.