USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume II > Part 74
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plan the effectual means for thwarting the designs of John Franklin, Ethan Allen and - others.
On May 27, 1787, Timothy Piekering, James Nesbitt, Obadiah Gore, Nathan Kings- ley, Benjamine Carpenter, Matthias Hollen- back and William Hooker Smith, who had been commissioned justices of the Court of Common Pleas, assembled at the house of Colonel Zebulon Butler, on the corner of Northampton and River streets, in Wilkes- Barre, and proclamation being made by Lord Butler, high sheriff for all persons to keep silence, the commissions of the county offi- eers were read and the oaths of offiee were administered by Timothy Piekering and Col- onel Nathan Denison. This was the first court held for Luzerne county.
By the constitution of 1790 the judicial power of the commonwealth was vested in a Supreme Court, in Courts of Oyer and Ter- miner and General Jail Delivery, a Court of Common Pleas, Orphans' Court, Register's Court and a Court of Quarter Sessions of the Peace for each county, in justiees of the peace and in such other courts as the legis- lature should from time to time establish. The governor was to appoint in each county not fewer than three nor more than four judges. The counties shall be divided into eireuits, none of which should contain more than six nor fewer than three counties.
At the first session of the legislature fol- lowing the adoption of the constitution an aet was passed April 13, 1791, to carry into effect its provisions respeeting the courts, ete., and by section 2 of the aet the state was divided into five districts or circuits. Luzerne, together with Berks, Northampton and Northumberland, constituted the Third distriet or circuit. Seetion 3 of the act di- rected the governor to appoint a person of knowledge and integrity and skilled in the law in each distriet as president judge.
Jacob Rush was appointed August 17, 1791, as president judge under the act. He served
until 1806. By the act of February 24, 1806, the state was re-districted and several new distriets were created; among these was the Eighth, composed of the counties of Luzerne, Lyeoming and Northumberland.
Thomas Cooper was appointed president judge of the Eighth judicial district March 1, 1806. He became obnoxious to the peo- ple and was removed by the legislature on charges of arbitrary conduct April 2, 1811. · Judge Cooper was succeeded by Seth Chapman, who took his seat and first held court in Luzerne county at August term, 1811. He continued to preside in the coun- ty until 1813. He could not be reckoned a talented man and was a judge of inferior abilities, lacking eourage and firmness, be- sides being indolent. An effort was made to impeach him for misdemeanor in office in 1826, but he was acquitted by the senate, twenty-six senators voting not guilty and five voting guilty. The people of Luzerne soon found that they had made a losing bargain by the exchange of Cooper for Chapman.
John Bannister Gibson, the fourth presi- dent judge of Luzerne county, held his first court here at July term, 1813. He resided here until June, 1816, when he was made an associate judge of the Supreme Court of the state.
Thomas Burnside, the fifth president judge of Luzerne county, succeeded Judge Gibson as president judge at the court held July 29, 1816. His commission, dated June 28, 1816, was read and he took the oath. He resigned July 6, 1818.
By the act of February 25, 1818, the eoun- ties of Bradford, Susquehanna and Tioga were taken from the Eleventh judicial dis- triet and formed into a separate district, the Thirteenth.
By the act of Mareh 26, 1814, the county of Pike had been erected out of a part of Wayne and was attached to the Eleventh district. Hence, after the creation of the Thirteenth district, the Eleventh consisted
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THE BENCH AND BAR OF PENNSYLVANIA
of the counties of Luzerne, Pike and Wayne. The county of Monroe was erected in 1836 and attached to the Eleventh district.
David Scott, commissioned July 7, 1818, succeeded Judge Burnside as president of the Eleventh distriet, as constituted in 1818. As such he presided in the courts of Luzerne to January term, 1838, when he resigned, March 17, 1838, on account of deafness.
William Jessup, who was commissioned president judge of the Eleventh judicial dis- triet April 7, 1838, succeeded Judge Seott. HIe presided here from April term, 1838, to January term, 1841, inelusive, when an exchange was effeeted between him and Judge Conyngham, as follows :
In 1839 Judge Conyngham had been eom- missioned president judge of the Thirteenth district, consisting of the counties of Brad- ford, Susquehanna and Tioga. By seetions 5 and 6 of the aet of April 13, 1840, it was provided that after the first day of the next April Luzerne county should be attached to the Thirteenth distriet and Susquehanna county should be attached to the Eleventh district, and the courts of the representative counties should be presided over by their loeal judge and the president judge of the representative distriets ; thus Luzerne eoun- ty was transferred to the district presided over by Judge Conyngham. By virture of this legislative act, the ehange of counties, Judge Conyngham continued to preside in the courts of Luzerne from April, 1841, to January, 1849, inclusive, when his commis- sion expired, February 27, 1849.
By the act of April 5, 1849, several changes in the judicial distriet were made and Lu- zerne, together with Wyoming eounty, which had been erected out of it, were united with Susquehanna in forming the Eleventh distriet, of which Judge Jessup was presi- dent judge. He again presided over the eourts of Luzerne from April term, 1849, until November term, 1851, inclusive.
On April 15, 1851, "an aet to provide for
the election of judges of the several eourts of this commonwealth and to regulate eertain judicial districts" was passed, and in its last section constituted the Eleventh judicial dis- triet out of the eounties of Luzerne, Colum- bus, Montour and Wyoming. Under the pro- visions of this act Judge Conyngham was elected president judge of the distriet and was commissioned November 6, 1851, for the term of ten years from the first Monday of Deeember, 1851. He was re-elected in the year 1861, and was recommissioned for a further period of ten years. In the mean- time Montour had been annexed to the Eighth distriet and the eounties of Column- bia, Sullivan and Wyoming had been erect- ed into a separate district, the Twenty-sixth. Thus in 1856 Luzerne beeame a separate ju- dieial distriet, with Judge Conyngham as president judge.
By act of June 27, 1864, Luzerne was au- thorized at the next election to eleet an "ad- ditional judge" learned in the law. He was required to possess the same qualifications, hold his office by the same tenure, was given the same power over the jurisdiction, was subject to the same duties, penalties and provisions and was to receive the same eom- pensation as the president judge.
The governor was directed to appoint un- til the election. Under this act Henry M. Hoyt, afterwards eleeted governor, was ap- pointed : he held the office of additional judge until the first Monday of December, 1867.
In the fall election Edmund L. Dana was elected and was commissioned for the term of ten years from the first Monday of De- eember, 1867. Judge Conyngham resigned in the summer of 1870 and on July 8, 1870, Gar- riek M. Harding was appointed and eommis- sioned president judge in his stead. He took the required oath on July 12, 1870. He was eleeted in the fall and on November 4, 1870, was commissioned as president judge for the term of ten years, from the first Monday of Deeember, 1870.
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Several changes were wrought by the con- stitution of 1874. Among other changes was the following :
"After the expiration of the term of any president judge of any Court of Common Pleas in commission at the adoption of the constitution, the judge of such court, learned in the law and oldest in commission, shall be president judge thereof. But when the president judge of a court shall be re-elected he shall continue to be president judge of that eourt."
As has already appeared, Judge Harding, as president judge, and Judge Dana, as ad- ditional judge, were in commission at the adoption of the constitution.
The act of April 9, 1874, designated Lu- zerne as composing the Eleventh district, and authorized the election of another ad- ditional judge, learned in the law, at the next general election, and provided for the elec- tion of the successors to the additional judge already in commission when his term should expire.
At the first election held after the passage of this act John Handley was elected addi- tional judge, and in pursuanee of the provi- sions of the general act April 30, 1874, was commissioned for a term of ten years from the first Monday of January, 1875.
At the general election in 1877 William H. Stanton was elected as a successor to Judge Dana, whose term was expiring, and was commissioned for the term of ten years from the first Monday in January, 1878. Hence at the time of the erection of the county of Lackawanna, Hon. Garriek M. Harding was president and Hon. John Handley and Hon. William H. Stanton were additional judges of the Court of Common Pleas of the dis- trict.
Judges Harding, Handley and Stanton opened the court of Lackawanna county October 24, 1878. Judge Stanton resigned February 25, 1879. On March 4 Alfred Hand was appointed and commissioned to fill the
vacancy. By a supplement to the above act with relation to the division of counties, it was provided that in case a new county con- tained forty thousand inhabitants the gov- ernor should by proclamation declare it to be a separate judicial district. The presi- dent judge of the old county shall thereupon direct to elect to which district he would be assigned, and the other law judge or judges were to be assigned to the other districts. If more than one additional law judge, the oldest in commission should be commissioned president judge of the new district, and the others additional law judges.
Under this act, Judge Harding, March 25, 1879, elected to remain in the old district of Luzerne, and Judges IIandley and Hand were assigned to the new district, the Forty- fifth.
At the fall election of 1879 Charles E. Rice was elected additional law judge of Luzerne, composing the Eleventh district, and as such was commissioned, December 4, 1879, for the term of ten years from the first Monday of January following.
The resignation of Judge Harding took effect December 21, 1879. Judge Rice went into offiee under his commission as additional law judge January 4, 1880. On the day fol- lowing, by reason of his holding the oldest commission, he was appointed for the term of ten years from the first Monday of Janu- ary, 1880. The vacancy thus existing was filled by Governor Hoyt by appointing and commissioning Stanley Woodward additional law judge, vice Rice, who had become presi- dent judge by operation of law. The date of Judge Woodward's commission was Janu- ary 9, 1880.
At the general election following, Judge Woodward was elected, and December 2, 1880, was commissioned additional law judge for the term of ten years from the first Mon- day of January, 1881. In 1890 he was re- elected for the term of ten years, and on the retirement of Judge Riee, of the Luzerne
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THE BENCH AND BAR OF PENNSYLVANIA
bench, he became president judge of the dis- trict, he being the oldest in commission. On January 7, 1901, he retired from the bench, and George S. Ferris was elected judge in his stead. Judge Lynch, being the oldest judge in commission, became president judge.
Judge Riee was appointed a Superior Court judge, his commission bearing date June 28, 1895. He had previously resigned as president judge of the Eleventh district.
Lyman H. Bennett was appointed, and in 1895, at the election, was elected and eom- missioned for the full term of ten years from the first Monday in January, 1896. He died October 1, 1898.
Gaius L. Halsey was appointed by Gov- ernor Hastings to fill the vaeaney, his ap- pointment bearing the date October 25, 1898. At the general election held in 1899 Judge Halsey was elected for the full term of ten years from the first Monday in January, 1900.
On the 22d of April, 1891, an aet was passed providing for an additional law judge in Luzerne county. John Lyneh was ap- pointed by Governor Pattison law judge May 14, 1901, and was sworn in August 18, 1901. Ile served his full term of ten years and was eleeted in 1901 for another term of ten years.
On July 11, 1901, another aet was passed providing for another law judge in Luzerne county. Under the provisions of that act Judge Wheaton was appointed by Governor Stone additional law judge, and at the elee- tion in 1901 was elected for the full term of ten years from the first Monday of January, 1902.
The constitution of 1874 provided that in any counties containing 150,000 inhabitants the legislature shall, and in other counties may, establish separate Orphans' Court to consist of one or more judges learned in the law. Under this constitutional mandate the separate Orphans' Court of Luzerne was es- tablished by aet of May 19, 1874, with one
judge to be eleeted and commissioned for the same term and in the same manner as judges of the Common Pleas. At the general eleetion following, Daniel L. Rhone was eleeted and was subsequently commissioned judge of the Orphans' Court for a term of ten years from the first Monday of January, 1875. In 1885 he was re-elected for another term of ten years, the expiration of that term being the first Monday in January, 1895. At the general election held in 1894 Alfred Darte was elected and commissioned as presi- dent judge from the first Monday of Janu- ary, 1895. Judge Darte died July 20, 1901. On October 3, 1901, F. M. Nichols was ap- pointed judge of the Orphans' Court, but deelined to take the office on October 7. On October 8 George H. Troutman was appoint- ed to fill the vacancy.
At the general election held in 1901 An- drew M. Freas was elected and commissioned for the term of ten years from the first Mon- day of January, 1902.
The second court of Luzerne county was held in 1787, Obadiah Gore presiding. The first indictment presented to the grand jury was against John Franklin for assault and battery on Eliphalet Richards; trial was postponed until Deeember term. In the meantime Franklin was arrested on a war- rant issued by Justin M. Cochran, charged with high treason, and lodged in prison in Philadelphia. At the Mareh term, 1788, Putnam Catlin, aeting as state's attorney, first displayed his legal ability in the prose- cution of a chicken-stealing ease.
In November, 1789, the Supreme Court convened at Wilkes-Barre for the trial of Franklin. The trial was postponed, and, on being released on bail, no further proceed- ings were ever instituted against him.
In 1790 Luzerne county was divided into ten districts for the election of justice of the peace.
· In 1791 Zebulon Marey was indieted by the grand jury of Luzerne county for chal-
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LUZERNE COUNTY
lenging A. Atherton to fight a duel. The act of assembly forming Luzerne county named Zebulon Butler, Jonah Rogers, Simon Spalding, Nathaniel Landon and John Phil- lips as trustees to locate and erect a court house and jail; this they did on the public square in Wilkes-Barre. This building was built of logs, two stories high, twenty-five by fifty feet, with a court room on second floor, the first story being used as a jail. This building was completed in 1791, and Stephen Tuttle was elected jailer of Luzerne county. After a few years it was resolved to erect a new building for the courts, and in 1801 Lawrence Myers, Ebenezer Blackman and Thomas Wright, county commissioners, took the matter in charge and a contract was let for a new edifice, but the old one was occu- pied by the courts until 1804, when the new one was completed and the old converted into the Wilkes-Barre academy. The base- ment of the new courthouse was used for more than half a century for a restaurant, daneing, ehureh, etc., and also for judicial purposes.
Judge Conyngham, in his address in 1856, delivered at the laying of the corner stone of the third courthouse, remarked "that justice had been as evenly balanced within these walls as human knowledge and human frailty would allow."
The judges of the Supreme Court who sat in this courthouse were Mckean, Tilghman, Breckenbridge, Smith and Yeates. Judges MeKean, Smith et al., of the Supreme Court, always attended the court with swords in their belts, some wearing rapiers and other heavier weapons. In this secluded spot the weeks of court, years since, attended more of interest in the people than is found at present ; they were decidedly periods of fun and frolic. The lawyers would assemble there from various parts of the state, and it was customary to hold a court ball every term in the upper room of the courthouse.
It was said of Judge Mckean that he was
rigid in the observations of the court cere- monies, jealous of his authority, and rough and overbearing in court.
Judge Breckenridge does not seem to have been so dignified as some others. In warm weather he sat in court clad in a loose gown and in his bare feet, which were sometimes elevated to the railing above the clerk's head.
The pioneer lawyers and judges were not blessed with the facilities which surround those of today. They carried their library in a pair of saddle bags holding about one- half bushel, and their law in their heads, generally meeting their clients for the first time at the door of the courthouse.
Judge Jessup, in his address delivered at the dedication of the new courthouse in January, 1859, said that he well remembered when the court set out from Wilkes-Barre followed by the bar on horseback, through Cobb's Gap, Pike, Wayne and Susquehanna counties, bringing up in Bradford county.
Soon after the organization of the court in Luzerne eounty Roswell Wells, Ebenezer Bowman and Putnam Catlin were admitted and sworn as attorneys at law. In 1794 the first two mentioned were the only two law- yers in Luzerne county, and when, in the same year, Noah Wadhams and Matthew Palmer were admitted to the bar, it was stated to the court that Messrs. Bowman and Catlin had been arraigned to quit prac- tice together.
Daniel Stroud and John Price were admit- ted in 1795, and Thomas Cooper in 1796; M. J. Biddle and Samuch Robert in 1797; E. Smith, J. Wallace and William Prentice in 1799; George Griffin in 1800; he subsequently removed to the city of New York. In 1802 Thomas Dyer was admitted. Colonel Wash- ington Lee was admitted in 1806.
Among the practitioners at the Luzerne county bar the following named gentlemen were promoted to judgeship in Pennsylva- nia : Robert W. Archbald, Lyman Hakes Bennett,* Oristes Collins,* Thomas Cooper,*
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John M. Conyngham,* John F. Connelly,* Edmund L. Dana,* Alfred Darte,* Henry M. Edwards, George S. Ferris, Andrew M. Freas, Fred W. Gunster,* Garriek M. Harding, Alfred Hand, Gaius L. Halsey, John Hand- ley,* Henry M. Hoyt,* Joel Jones,* Luther Kidder,* Henry A. Knapp, Winthrop W. Ketehum,* John Lyneh, Garriek Mallory,* Aaron K. Peekham,* Charles E. Riee, Daniel L. Rhone, David Seott,* William H. Stan- ton,* George H. Troutman, David Wilmot,* Frank W. Wheaton, Edward N. Willard, George W. Woodward," Stanley Woodward, Warren J. Woodward .* Those marked with star are deeeased.
Three judges first admitted to this bar have been promoted to the judgeship of other states-William C. Robinson, Connectieut ; Benjamin D. Wright, Florida; and George Perkins, Wisconsin. Two other members of the Luzerne eounty bar beeame attorney generals of Pennsylvania-Ovid F. Johnson and Henry W. Palmer. Three judges of the Luzerne county bar have oceupied seats in the Supreme Court in Pennsylvania-Alfred Hand, George W. Woodward and Warren J. Woodward. Two other judges of the Lu- zerne eounty bar have occupied seats in the Superior Court of Pennsylvania-Charles E. Rice, president judge, and Edward N. Wil- lard.
Among other members of the bar who had the degree of LL. D. eonferred upon them are the following: Julian Czupka, Charles E. Rice, Harry Hakes and John T. Lenahan.
As to the latter members of the bar, we have in the language of the Hon. W. W. Ketchum, who was a judge of the United States Circuit Court in Western Pennsylva- nia, in an address made on the retirement of Judge Conyngham. Speaking of the law- yers, he said, inter alia Rosewell Wells: "The tall, ereet, strong old man, as with grave and solemn face and with measured steps, he, the oraele of the law, whose fame
was as widespread as the land. Ebenezer Bowman, the kind old gentleman, with fault- less dress and address. David Seott, the autoerat of the beneh, the determined and courageous man with a will of iron. Thomas Dyer, who loved his books as he loved his nearest and dearest friends. George Deni- son, the distinguished and able, with his won- derful power of eoneentrated will and ex- pression. Garrick Mallory, the embodiment of industry, persistence and aeeurate knowl- edge. Luther Kidder, the rough diamond, self-polished, the man who never gave up. Ovid F. Johnson, talented and strong, early attorney general of Pennsylvania. Chester Butler, always a man of marked and deeided character. Volney L. Maxwell, whose motto through life has been 'Attend to your own business.' Hendrick B. Wright, whose stormy eloquence in the forum and on the rostrum swept the public heart as the gale sweeps the sea. George W. Woodward, the eminent practitioner and distinguished presi- dent of the Common Pleas. Andrew T. Me- Clintock, whose profession has been his oe- cupation, and he, in the completeness and maturity of his professional knowledge, is a fine illustration to all good men of singleness of purpose and faithful devotion to his call- ing.
"Horatio W. Nicholson, the elear-brained lawyer, the earnest-working business- lawyer, with a capacity for intellectual labor never surpassed at the bar. Harrison Wright, am- bitious and fearless, he loved the law as a child loves its mother. Charles Denison, shrewd student of human nature, the alert, keen, ready tactician, a ehaste, pure-minded, honorable lawyer and gentleman. Lyman Hakes, a man endowed by nature with more legal aptitude than any man at the bar, a man of marked abilities and ingenuity. Ed- mund L. Dana, a gentleman of culture and refinement, distinguished in the field and at the bar. Warren J. Woodward, a seientific
of
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LUZERNE COUNTY
lawyer and perfeet model in energetic meth- ods, ambition and industry."
The bar of Luzerne county at present con- sists of about 300 members. Many of them are of great ability, and many are prominent in publie affairs. When their lives are writ- ten it will show a history of perseverance and intellectual ability.
George B. Kulp was born in Reamstown, Laneaster county, Pennsylvania, February 11, 1839. He served as register of wills of Luzerne county for six years, was a member of the board of education for twelve years, and was a member of the city council for six years. For the last thirty-two years he has been editor and publisher of the Luzerne Legal Register, from which he voluntarily retired in 1904. He has also published eleven volumes of Kulp's Luzerne Legal Reg- ister Reports. He is the author of "The Bench and Bar of Luzerne County," in three volumes. Mr. Kulp is a married man and is a Methodist in religious belief. His eldest son, John Stewart Kulp, is a surgeon in the United Staes army, ranking as major.
William S. McLean was born in Carbon county, Pennsylvania, May 27, 1843, and for several years was eity solieitor for Wilkes- Barre.
E. H. Painter was born in Armstrong county, February 22, 1844. IIe studied law and was admitted to the bar, and served as deputy register of wills for Luzerne county.
Hendrick Bradley Wright was born at Plymouth, Luzerne county, February 24, 1808. He was educated in the Dickinson college and read law in the office of Judge Conyngham, and was admitted to the bar in 1831. He was elected to the house of repre- sentatives in 1841, and was one of the ac- knowledged leaders of that body. He was re-elected in 1842, and in 1844 his name was largely talked of as candidate for President in opposition to James K. Polk. From 1844 to 1852 he was engaged in the duties of his
profession, and in 1861 was elected to Con- gress, and again in 1876 and in 1878.
Ebenezer W. Sturdevant was born June 11, 1806, in Luzerne county. He was given the best of educational opportunities, studied law with Garrick Mallory and with Hon. G. W. Woodward, and was admitted to practice. He was appointed prosecuting attorney for Luzerne county by Governor Wolf. In 1838 and 1839 he was a delegate to the constitu- tional convention. He was elected brigadier general in 1842 and was subsequently pro- moted to major general, which position he held for seventeen years. Hle practiced his profession aetively until 1857.
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