USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume II > Part 6
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1884.
Samuel Lyons, William A. Manderson, William L. Mathues.
Mr. Mathues has held the office of Pro- thonotary of the courts of Delaware county for a number of years. He is not only well known in the county, but throughout the state as the foremost political leader of the Republican party in Delaware county. ITis ascendeney in this respect has been most marked, and he carries his honors, and the political power incident to them, with re- markable equipoise and judgment, in conse- quence of which he is highly esteemed by all factions and parties.
1885.
Henry S. Calloway, Oliver Troth, John J. White. Mr. Troth was at one time one of the editors of the Chester Evening News.
1886.
William H. Harrison, Jr., Joseph H. Hink- son. Mr. Hinkson is a son of the late Hon. John B. Hinkson and is one of the brightest and most successful of the younger members of the bar.
Harry R. Major, Thomas B. Reeves, Lewis Lawrence Smith. Mr. Smith, like his father, A. Lewis Smith, though quite a young man, has a large clientage in Delaware and Phila- delphia counties. He possesses a fine legal inind.
Samuel Ulrich Ward. Mr. Ward is a son of the late Hon. William Ward. He is now in the service of the Pennsylvania Railroad. He was the first grandson of the Ward name, of the late Samuel Ulrich, for a long time a jus- tice `of the peace and later alderman in the city of Chester. 'Squire Ulrich was one of the best known, most genial and popular of the old school gentlemen of the town. He had a great fund of anecdote, and was fond of a practical joke, if the joke was not on him. In William B. Broomall's sketch of Hon. William Ward read before the Delaware County Historical Society, he introduces sev- eral stories of 'Squire Ulrich, but one of which our space will allow, and which may be apropos, as it brings the 'squire into court. In the old times when the courthouse was in Chester. there was a crier of the court, who, like the 'squire, was the posses- sor of an enormous nose. One day when this man was going over the narrow footwalk on the south side of the bridge which spanned Chester creek at Third street, it happened that 'Squire Ulrich was coming the other way. As they approached. the 'squire seemed to be unable to pass the court erier. This delay irritated the latter, and he inquired why the 'squire did not get out of his way and let him pass. To this the 'squire replied that it was impossible for him to get by the crier's nose unless he leaned over the railing to allow him to pass, This was one on the court crier.
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DELAWARE COUNTY
A few days afterwards the 'squire hap- pened to be in the court room and was sit- ting perfeetly quict in his seat. In faet, there was a lull in the business of the court to such an extent that you might have heard a pin drop, when, all of a sudden, the court crier called out in stentorian tones: "Silenee in the court room, 'Squire Ulrich!" And this was the way the crier got baek on the 'squire, for the latter did not dare to say anything, for fear of committing a contempt of court.
1887.
Archibald A. Coehran. Mr. Cochran, who is solicitor for the city of Chester, is an able and industrious lawyer and has been of great serviec to the city in adjusting itself to its new conditions and growth.
Horaec L. Cheyncy, W. Roger Fronefield. Mr. Fronefield was at one time the appointec of the governor to the office of Prothonotary of the courts of Delaware county, where he manifested the workings of his methodical and capable mind, which has sinec brought him up among the leaders of the bar.
John Lentz Garrett. Mr. Garrett held the position of postmaster of the city of Chester during the last administration of President Cleveland. He is now a member of the com- mon council of Chester eity, a position lie owes to a popularity sufficient to overcome an adverse politieal majority.
Hiram Hathaway, Jr. Mr. Hathaway has held the offiec of recorder of the city of Ches- ter. Another ease of personal popularity sufficient to win against the dominant polit- ical party of the eity.
Thomas J. Hunt, Samuel A. Priee. Mr. Priec is a nephew of Hon. Edward A. Priee. Mr. Priee comes of sturdy stock through a long line of ancestry, among whom may be mentioned Peter Aldrich of the early sct- tlers of the lower counties, who were noted for their personal courage or fighting quali- ties, and this strain of blood has caused Mr.
Price to drop the law and accept a commis- sion in the United States army, where he has done yocman serviec in the Spanish war and since that time in the Philippines.
Benjamin C. Potts, D. Stuart Robinson, Henry W. Smith.
Mr. Potts is a highly cultivated gentleman, with a fine legal mind. Before coming to Delaware eounty he was a practicing lawyer in New Jersey.
1888.
Samuel L. Clayton. Mr. Clayton is a son of the late Hon. Thomas J. Clayton, presi- dent judge of the courts of Delaware county.
William V. Delahunt, I. Hazleton Mirkil.
Mr. Mirkil was at one time president of common council of the city of Chester. His practice is mostly in the city of Philadelphia, where lic now resides.
William I. Schaffer. Mr. Schaffer was dis- trict attorney of Delaware county from 1893 to 1899, a position he filled with the great ability he shows in his general law practice. He is now reporter for the Supreme Court of Pennsylvania. He is one of the finest po- litical orators of Pennsylvania, over which he has campaigned on several occasions.
A. J. Wilkinson, James Watts Mercur.
Mr. Mercur is a son of the late Chief Jus- tiee Mereur of the Supreme Court of Penn- sylvania.
1889.
Frank B. Rhodes. Mr. Rhodes is one of the leading spirits in the Democratic party of Delaware county, which he has represent- ed in its national conventions.
1890.
Charles Pahner, Frank R. Savage, Robert J. Williams.
Mr. Palmer is prominent as a Prohibition- ist, and has been a candidate on the state ticket of the party, as well as on the county ticket on numerous occasions.
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TIIE BENCH AND BAR OF PENNSYLVANIA
1891.
Edward P. Bliss, Carolus M. Broomall, William H. Ridley.
1892.
Samuel H. Kilpatrick, Josiah Smith, Wil- liam A. Shoemaker, C. Percy Wilcox.
Mr. Smith was elected distriet attorney of Delaware county in 1899 and re-elected in 1902. Mr. Smith is not afraid to admit that he has been to a great extent self taught. He is a forcible, energetic and capable law- yer and has performed his duties as district attorney with marked ability. as well as with judicial fairness.
1893.
George T. Butler, George K. Cross, T. Speer Diekson. Mr. Diekson was the counsel for the commissioners of Delaware county for a number of years.
William B. Harvey. Mr. Harvey is asso- ciated with George B. Lindsay in the practice of law. He is one of the trusted officers of the Chester Traction Company.
John Caldwell Hinkson, Henry V. Massey. Mr. Hinkson is a son of the late Hon. Jolmn B. Hinkson. He is now vice-president of the Delaware County Trust Company.
1894.
Louis I. Finegan, Alexander B. Geary, Louis S. Hough, Albert Dutton MacDade, Francis G. Taylor.
Mr. Geary is one of the most promising of the younger lawyers at the Delaware county bar. The lady he married is also a member of the bar.
1895.
William S. Ellis, Benjamin C. Fox, John E. McDonough, George J. Parker.
1896.
William F. Brennan, Edwin A. Howell. Walter Washabaugh, Charles. Doughty White. Albert J, Williams, Mr, Howell is
counsel for several traction companies in Delaware county.
1897.
Edwin Penrose Hannum. William Gray Knowles, William C. Lees, H. J. MacIver, Jesse N. Jolinson, William C. Alexander. Mr. Mae Iver is now counsel for the eommission- ers of Delaware county.
1898.
Charles Boyd Galloway, Carlos Edw. Hough, James II. Osborne, Frank G. Perrin. Mr. Perrin was an officer in the Sixth Regi- ment Pennsylvania Volunteers in the Span- ish war.
Fred Taylor Pusey. Mr. Pusey is now one of the representatives of Delaware county in the general assembly of Pennsylvania. He has achieved the distinction of being at- tacked by the newspapers on aceount of the first bill he introduced in the legislature. known as the "Anti-Cartoon" bill.
David M. Johnson, Jr. Mr. JJohnson was a member of Company C. Sixth Regiment Pennsylvania Volunteers in the Spanish war. Ile has been twice elected a member of the common council of the city of Chester.
Isaae E. Johnson, Eleanor J. Wilson, John M. Broomall, third, Francis F. Eastlake, .Tr. Mr. Johnson is a son of Hon. Isaac Johnson, president judge of the courts of Delaware county. He has already a large practice at the bar.
1899.
George B. Harvey. Kingsley Montgomery, Joshua C. Taylor.
1900.
W. W. Montgomery, Jr., Henry W. Jones. Mr. Jones is associated in the law business with his father. Edmund Jones.
1901.
Stephen E. Taylor, Thomas S, Williams, B. Frank Fenton.
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DELAWARE COUNTY
1902.
Theodore J. Grayson, John B. Hannum, Jr., Frank S. Morris, William B. Northam, John A. Poulson, J. Robinson, William Tay- lor, John De Haven White.
IN A LIGHTER VEIN.
Some go west and grow up with the coun- try.
Some come back as United States senators.
Some go just over the county line to en- large their sphere.
HADN'T HEARD OF HIM. WHAT IS FAME?
A young lawyer, born and reared of one of Delaware county's oldest families, who had moved a little way outside of the county in order to have a larger field in which to cul- tivate his talents, hearing some one speak of the old house still standing at Swarthmore in Delaware county, in which Benjamin West was born, inquired: "Who was Benjamin West ?" "How soon we are forgot," as Rip Van Winkle says.
If Benjamin West had dreamed that a member of the legal profession in Delaware county would, at the beginning of the twen- tieth century, have asked the question, "Who was Benjamin West ?" perhaps when George the Third proposed to confer the honor of knighthood upon him, he would not have allowed his pride to cause him to say: "I think I have earned greater eminence with my pencil than knighthood could confer on me. "
A LEGAL TENDER.
Upon the occasion of the marriage of a gentleman and lady, both members of the bar, a local bard perpetrated the following stanza :
"The match was a regular legal match, Which could not by law be. stayed ;
His offer, a legal tender was;
And she, was the tender made."
A CONDENSED ARGUMENT.
Three lawyers were on a street-car. One of them was an exceedingly bright fellow, whom we will call Patterson, known for his · ability to say a good deal in a few words very effectively, on whichever side he may be. As he left the car he was noticed to be carrying a small bottle. "Say, Jackson, what's Patterson got in that bottle?" says Brown. "Oh," says Jackson, "I dunno, but I suspect it's concentrated lye."
THE POWER THAT MOVES THE MILL.
Mr. Martin, in his history of Chester, re- lates the following :
It is related of Robert Frazer, an old-time member of the Delware county bar. A client, a well-known close-fisted old miller, called on him one day for advice in regard to a diffi- culty about his milldam and water-power privileges. He found Mr. Frazer in his of- fice, legs in a comfortable position, higher than his head, taking his ease and smoking. The miller, taking a seat, proceeded to re- late his grievance at length and then asked what he should do. Frazer, still leaning back and puffing his cigar, paid no attention to the question. At last the impatient client burst out with : "D -- n it, Mr. Frazer. Did you hear what I said?" With a humorous twinkle in his eye, Frazer replied : "Oh, yes, but do you expect a mill to run without water?"
A STRENUOUS JUDGE.
The following circumstance is related in Ashmead's history of Delaware county : "The judges of the Supreme Court in their circuits occasionally held sessions in the old court room at Chester. On Thursday, Aug. 1, 1828, Chief Justice Gibson presided at the trial of a feigned issue upon an appeal from the Or- phans' Court, in a suit by the executor of the estate of John Crosby, the late judge, against John F. Hill. The cause occupied three days
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THE BENCH AND BAR OF PENNSYLVANIA
and was ably tried, Benjamin Tilghman and Samuel Edwards representing the plaintiff and Joseph R. Ingersoll and Archibald T. Dick the defendant. The jury retired on Sat- urday evening and returned a verdict for the plaintiff on Monday morning. The Weekly Visitor, published at Chester, for Aug. 8, 1828, stated :
"To show the unwearied industry and per- severance of Judge Gibson in his official du- tics, it is worthy of remark that on Monday morning at six o'clock he left Philadelphia for this place, where he arrived at about eight, received the verdict of the jury and at nine was on board the boat returning to the city."
A LAY COURT.
The following also appears in Ashmead's history of Delaware county :
When the appointment of Judge Nill was rejected by the state senate in March, 1848, Delaware county was without a law judge, but she had two lay judges, and they rose to the emergency.
"The courts of Delaware county being without a president at the March term, 1848, the session was held by Associate Judges Engle and Leiper. the former charging the grand jury
"Although the criminal side of the court had been conducted as well as usual, the civil cases (many of them involving questions of nice distinction of law) were continued." It was then that the members of the bar pre- vailed upon Governor Shunk to appoint his son-in-law, Henry Chapman, to fill the va- cancy, and the same historian says: "It was during his incumbency that the county seat was removed to Media, the last court being held in the old building at Chester May 26, 1851, and when it adjourned on Friday, the 30th, the ancient structure was dismantled of its furniture."
Mr. Aslımead also relates this story of Judge Townsend Haines :
"While holding court at Media, the judge on one occasion desired to consult Purdon's Digest, and asked Reuben Litzenberg, then a newly appointed tipstaff, to bring 'Pur- don' to him. The name was new to Litzen- berg, but off he started to hunt the man, whom he supposed he was directed to carry straightway before the court. He scarched through the building without success, and at length, returning, he went to the judge at the side bar and stated in a low tone : 'Judge, I guess the man's gone ; I can't find him any- where.' 'Man! Man!' wrathfully cxclaimed the judge, 'you're a stupid ass; I don't want any man. I sent you for a book.' "
Before his advent to the bench Judge Haines was noted as an effective advocate before juries in criminal cases. He also had a literary turn of mind and possessed a rare talent as a poet.
Apropos of the lay judges, or "flower pot" judges, as Historian Martin dubbed them, Mr. Ashmead also credits the following to Mr. Martin:
A SOUND OPINION.
In 1792 Hugh Lloyd was appointed one of the associate judges of Delaware county. After serving for more than thirty-three years he sent in his resignation in the follow- ing form:
"I, the within named associate judge of Delaware county, aged 83 years, 10 months and 9 days, by attending every court for thirty-three years, one Orphans' Court only excepted, having performed the duties of the within commission to the best of my judgment and ability, do by these presents resign and surrender up my said commis- sion to his excellency the governor, with the hope that a successor may be appointed to the satisfaction of the majority of said coun- ty. In testimony whereof I have hereunto set my hand this 31st day of December, A. D. 1825. With sentiment of regard, etc.
"HUGH LLOYD."
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DELAWARE COUNTY
Tradition relates that Judge Lloyd, who on one occasion, being asked if the duties de- volving on an associate judge were not onerous, replied : "Yes, very. I sat five years on the same bench in the old eourt lionse at Chester without opening my mouth. One day, however, towards night after lis- tening to the details of a long and tedious trial, the president, leaning over towards me and putting his arms aeross my shoulders, asked me a question: 'Judge,' said he,
'don't you think this beneh is infernally hard?' To this important question I re- plied : 'I thought it were.' And that's the only opinion I ever gave during my long judicial career."
At the advanced age of ninety-three Judge Lloyd died of paralysis. "The old machine has broken down and can't be repaired," hc remarked to those who, hearing him fall to the floor, ran to his assistance. Two days thereafter he died.
648
THE BENCH AND BAR OF PENNSYLVANIA
PIKE COUNTY
BY J. H. VAN ETTEN
Pike county was erected from Wayne by act of assembly approved the 26th of March, 1814. Hon. David Scott, who was judge before the division, held the office of presi- dent judge until 1838.
The first court was held in a house (lately demolished) occupied by Mrs. Lee, in which also were the several offices of the officials. The first record was found in Continuance Docket A, which is :
"Pike County, ss.
Original process tested the third day of October, A. D. 1814, and returnable the third Monday of January next (i. e., the 16 January).
Present - John Coolbaugh, Daniel W. Dingman.
Esquires. Associate Judges.
The first suit entered on the docket was:
James Wallace,
VS.
John Barnes.
!
Transcript of Docket. Entry from Samuel Anderson, filed Dec. 6, 1814. Amount $198.
The first instrument recorded was dated October 26, 1814, and was a mortgage made by William Shotwell to James N. Hyde and Rufus L. Nevins, on land in Pike county.
Then follow bonds and recognizances showing who were the first officials. Will- iam Overfield, sheriff.
Commissions of Dan Dimmick, as register, recorder of deeds, prothonotary, clerk of oyer and terminer, clerk of sessions and clerk of orphans' court.
Commissions of John Coolbaugh and Daniel W. Dingman, judges, the former re-
maining on the bench until 1836, and the latter until 1840.
The first suit entered on the docket for the January term, 1815, was that of Samuel B. Stickney vs. William Holbert. Edward Mott was attorney for plaintiff and John Cross for defendant.
Because of the fact that Pike has never constituted a separate judicial district, or even had a resident president judge the his- tory of those who have adorned her bench will be found in the records of adjoining counties. Their names are: David Scott, Philadelphia, 1814 to 1838; William Jessup, Susquehanna, 1838 to 1849; Nathaniel B. El- dred, Wayne, 1849 to 1853; James M. Por- ter, Northampton, 1853 to 1855; George R. Barrett, Centre, 1855 to 1870; Samuel S. Dreher, Monroe, 1870 to 1875; Charles P. Waller, Wayne, 1875 1883; Henry M. Seeley, Wayne, 1883 to 1894; George S. Purdy, Wayne, 1894 to 1902; Allen Craig, Carbon, 1902 to 1903: Wilton A. Erdman, Monroe, 1903.
The associate judges have been: D. W. Dingman, John Coolbaugh, 1814; William Brodhead and D. W. Dingman, 1836; Oliver S. Dimmick and William Brodhead, 1840; John H. Brodhead and Oliver S. Dimmick. 1843; Harvey Roys and John H. Brodhead, 1845; Henry M. Labar and John H. Brod- head, 1847 ; Henry M. Labar and W. H. Nyce. 1851; John H. Brodhead and John Heller, 1856; Thomas J. Ridgway and John Shouse, 1861; George P. Heller and William West- fall, 1865; George P. Heller and F. R. Olin- stead, 1871; George P. Heller and William Cromwell, 1876; Edwin J. Baker, elected to
649
PIKE COUNTY
fill vacancy caused by the death of G. P. Heller, and William Cromwell, 1880; Everett Hornbeck and Edwin J. Baker, 1881; Edgar Pinchot, appointed in 1881 to fill vacancy caused by the death of G. P. Heller; George W. Drake and Everett Hornbeck, 1886; D. Bournique, appointed to fill vacancy caused by death of G. W. Drake; Milton D. Mott and John D. Houck, 1891; John D. Houck and Jacob Klaer, 1896. In 1895 William Mitchel was appointed to fill the vacancy caused by the death of M. D. Mott; John F. Englehart and B. Ed. Brown, 1901.
The early courts were, in some respects, peculiar. Judge Dingman, who occupied the bench for twenty-six years, was a man of large, but untrained intellect, and an orig- inal executive character. He did not hesitate to appear on the bench in his shirt sleeves and with bare feet. When Monroe county was erected in 1836, a sharp contest arose concerning the location of the county scat, and an election was held to determine the place. Fraud was alleged, and the election board of one township was indicted. The trial was held before Judge Scott and asso- ciates, Dingman and Coolbaugh. Judge Scott quashed a couple of courts in the in- dictinent, and then for some reason left the bench, when Judge Dingman took charge of the case and disposed of it in a summary manner. "The president judge," said he, "has seen fit to quash several counts in this indictment on grounds of common law. Now, "Bub," the name by which he com- monly called his associate, Coolbaugh, "and I know. little about law, but I know all about the Legislature, for I have been a member of that." and placing his hand on a copy of the pamphlet laws, "Bub and I will quash the other counts on grounds of the Legis- lature." And they did and ended the prose- cution.
Another illustration of his unique judicial methods is a sentence imposed on a vaga- bond negro charged with petit larceny. The
judge, regarding the accused, said: "Nig- ger, stand up! You are guilty of stealing ! You are a bad nigger! I know all about niggers, and you deserve to be hung, but the court will let you off easy. The sentence is, that you be banished from the face of the carth ! Go!" "Why, massa," said the darkey, "how can I get off de face of dis yere earth?" "You can go to Jersey, and you have fifteen minutes to get there, and if you ever come back, the court will hang you," said Dingman. Jersey is just across the river from Milford. The African went, and, it is said, never returned.
Owing to the small population and conse- quent meager business, this county has had few resident lawyers. The courts were gen- erally attended by prominent attorneys of Montrose, Honesdale, Easton and Philadel- phia. Among them. James M. Porter and A. H. Reeder, of Northampton, William Davis, S. S. Dreher, afterwards judge; Stephen Holmes, Jr., and Hon. S. C. Burnett, of Mon- roe; Hon. George W. Woodward. of Lu- zerne; Hon. William H. Jessup, of Susque- hanna, H. M. Seeley, F. M. Crane, C. P. and George P. Waller, of Wayne, and others who became prominent at the bar, on the bench and in politics.
Among the resident lawyers here in early days were Edward Mott, born in 1780, Hugh Ross, an cecentric character and formerly a Methodist preacher.
John P. Cross, Richard Eldred, Dan Dim- mick, Nathaniel B. Eldred, who removed to Wayne county and became president judge ; Jesse Olmsted, who came from Connecticut ; Hon. B. A. Bidlack, twice a member of Con- gress, who died at Bogota, New Grenada, while United States minister to that repub- lie; D. M. Brodhead, who was an intimate friend of James Buchanan, and United States Senator Simon Cameron.
Showing who were resident attorneys here in 1846, an agreement as to declarations in appeals from justices of the peace, dated
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THE BENCH AND BAR OF PENNSYLVANIA
May 28, 1846, bears the names of M. Dim- iniek, W. C. Salmon, E. Richards, O. S. Dim- mick, Richard Eldred, E. B. Eldred, J. B. Leforge, William Smith, L. F. Barnes, D. M. Van Auken and John H. Vineent. But one, Van Auken, survives.
Resident attorneys since that time have been Jolın D. Biddis, for several years dis- triet attorney, and state senator one term, now of the navy department, Washington, D. C .: C. W. Bull; John Nyce, who was a colonel in the Civil war; J. H. Van Etten, J. Augustus Page, Colonel A. E. Lewis, Harry T. Baker, Hamilton Armstrong, John W. Nyce, C. A. Newman, M. M. Van Etten, John A. Kipp, for fifteen years county superin- tendent of schools, and for two terms a mem- ber of the Legislature, and George R. Bull, present district attorney.
John H. Van Etten, who has made his home at Milford for the last thirty-three years, devoting himself to his professional work, ranks among the oldest lawyers of the Pike county bar. He is a native of Dela- ware township, Pike county, Pennsylvania, and was born October 13, 1843, to Solomon and Hannah (Mettler) Van Etten. He had good educational privileges in early life, and after finishing his preliminary studies, en- tered Williams college, Massachusetts, where he was graduated with the class of 1866. Young Van Etten then took up the study of law in the office and under the direction of Hon. William Davis, at Stroudsburg, the county seat of Monroe county, and in 1869
was there admitted to the bar. The next year he was admitted to the bar of Pike county and began his practice there, and has continued it uninterruptedly to the present time-1903. During the years 1871 to 1875 he conducted his practice in partnership with Hon. John D. Beddis, but since then has carried it on in his own name.
His practice has been general in character, covering all branches of the law, and has involved many cases, both civil and eriminal, of importance and local note. Mr. Van Et- ten is known as a lawyer of sound learning whose opinions are highly regarded, and in presenting a case before a court or jury, his arguments are always elear, logical and con- vincing. As a counsellor he is conservative, reliable and safe.
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