USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume II > Part 79
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Mr. Freyman, although an active Republi- ean, has never sought or held politieal offiee. IIe has been very sueeessful as a lawyer and finaneier. He is attorney for several eorpor- ations, a director of The Prinee Manufactur- ing Company, and of the Carbon Metallic Paint Company, and viee-president of the Maueh Chunk Trust Company. He is also interested in four farms, and other enter- prises. Some years ago Mr. Freyman pur- chased a portion of the mountainside behind and above his residence, and commeneed to terraee it, and has now a very productive garden on what was before a barren and cheerless waste. There are twenty-two of these terraees, and they are connected by a flight of stairs three hundred and fifty-three in number. The height of the upper terrace
above the street is about two hundred feet, and at an elevation of about one hundred and fifty feet an arbor is located, which eom- mands a fine view of the town in both diree- tions. A portion of the terraces are devoted to flowers and fruit and ornamental trees, while the balanee are used as a vegetable garden. Mr. Freyman has met with great suecess in the cultivation of plums, peaches, grapes and strawberries, and all other small fruits. This is probably the only garden of its kind in the country. Construeted as it is on the side of a very steep mountain, it is an object of curiosity to strangers visiting the town for the first time. Just behind the fence at the top runs the famous "Switch Baek," which attracts thousands of people annually. In 1865, Mr. Freyman married Miss Matilda Gilbert, daughter of Mr. George Gilbert, an enterprising farmer of Mahoning township, Carbon eounty, Pa. They have no children living.
Edward M. Mulhearn is a native of Maueh Chunk, where he was born June 15, 1849. After attending the publie sehools he, in 1865, entered St. Thomas eollege at Villano- va, Delaware county, Pa., where he eom- pleted his edueation, and entering the law offiee of Daniel Kalbfus of Maueh Chunk, was, on June 20, 1873, admitted to the bar. He was elected distriet attorney in 1881, and re-elected in 1884. In 1889, was elected to the state legislature, and served one term, since which time he has been in practice at Maneh Chunk.
Hon. Horace Heydt was born in Montgom- ery county, Pa., February 12, 1856. He was educated in the publie schools and the Kutz- town state Normal school, where he was graduated in 1878. He later entered La- fayette college at Easton and was graduated in 1884. He studied law at Maueh Chunk, Pa., in the office of Freyman & Kiefer, and was admitted to the bar of Carbon eounty in 1885. In 1889 formed with his preceptor, and in 1901 was appointed by Governor
1
W. G. FREYMAN
1141
CARBON COUNTY
Stone president judge of his the new. district just formed.
List of admissions for Carbon county : L. II. Barber, born 1849, admitted 1881; E. Bertolette, born 1848, admitted 1874; J. M. Brislin, born 1869, admitted 1896; Hon. A. Craig, born 1835, admitted 1858; D. Craig, born 1863, admitted 1893; J. C. Loose. J. S. Fisher, born 1855, admitted 1885; W. G. Freyman, born 1838, admitted 1873; H. Heydt, born 1856, admitted 1885; E. O. Northstein, born 1867, admitted 1893; R. A.
Ileberling, born 1865, admitted 1892; H. D. Lentz, born 1864, admitted 1896; E. M. Mul- hearn, born 1850, admitted 1873; Layton C. Seott, born 1870, admitted 1898; F. P. Shar- key, born 1862, admitted 1887; W. G. Thomas, born 1869, admitted 1897; D. W. Sitler, born 1867, admitted 1896; N. M. Bal- liet, born 1860, admitted 1895; L. E. Seidle, born 1870, admitted 1895; S. R. Gilham, born 1847, admitted 1879; F. A. Snyder, born 1856, admitted 1882.
1142
TIIE BENCHI AND BAR OF PENNSYLVANIA
MONTGOMERY COUNTY
BY FRED W. WILLIAMS
The courts of Montgomery county were first established by one John Printz, the Swedish governor, in 1642, at New Gotten- burg, on the Delaware, and were presided over by justices of the peace, not learned in the law, which action was brought about to decide all controversies according to the laws and customs of Sweden, and the ac- knowledged usefulness of attorneys at law in this section of the province was apparent, although the institution of judicial proceed- ings and the recognition of the judicial of- fiee appears to antedate that aeknowledge- ment. Courts continued to be held in Got- tenburg for about twenty years, for the rec- ords show that in 1662 they were removed to Upland (now Chester), where for several years all cases were tried under the crude forms practiced by the Swedish justices. The Dutch next eontrolled the province, but did not materially change the administration of justice, retaining the services of the justices then in office. The Duteh governor at that time was Peter Stuyvesant, whose efforts were principally to inerease commerce with the Indians and the acquisition of lands, giv- ing little or no attention to the subject of government or the execution of the laws. Then came the Indians, in 1672, who recog- nized the Upland eourt as the legal course by which they must abide and were willing to leave all questions to be settled by that tribunal. Ten years later, in 1682, William Penn officially announced himself as the pro- prietor, to the justiees at Upland, upon his arrival at that place, and soon set out to establish eourts of justice with the necessary officers and proper remuneration for their
services. His was the most liberal frame of government yet established, but, with all, he soon exposed his fear of and hostility to the legal profession by causing the adoption of a law (in 1686) "for the avoiding of too frequent clamors and manifest inconven- iences which usually attend mereenary plead- ings in civil cases," and was averse to the encouragement of a elass of professional men whose education and influence might assist them in public affairs, and his broad intel- lect and liberal views did much to bring about the most satisfactory methods for the colony to pursue. The necessity for the of- fice of counselors and advocates became ap- parent to the people, which offices were thereupon arranged for the purpose of pre- serving the public peace by due course of law.
Penn's seheme of colonization attracted European emigration, and Philadelphia soon became the most populous city on the Atlan- tie eoast. The British flag and the seal of Charles II., under the auspiees of which the colony was established, rendered the people subject to the common law of England, and, although Penn and the first assembly abro- gated the law of English primogenture, and sundered all relation between church and state, and in many ways simplified the form of administering justice, yet his own plan of instituting proprietary interests with pe- riodieal payments for use and conveyances subject to perpetual ground rents, soon gave rise to unexpected complications, and made the appointment of a law officer a necessary adjunct to the colonial administration.
On August 25, 1683, Mr. John White was
1143
MONTGOMERY COUNTY
appointed attorney general for the province and was liberally paid for the prosecution of all matters of interest to the proprietor, and no counsel was allowed to appear against him.
Montgomery county was set off from Phil- adelphia eounty in 1784, and referenee is due to the distinguished members of that bar who early fought their way to a just recognition of their serviees, as follows : Andrew Hamilton, Robert Assheton, Benja- min Chew, James Wilson, George Ross, John Moland, John Diekinson, Joseph Reed, Jared Ingersoll, James Dallas, Nieholas Waln, Wil- liam Lewis, Riehard Peters, Hugh H. Breek- enridge, William Rawle and John Sargent, most of whom sketehes will be found else- where in this work.
The first court of the county was held in Norriston township, in the barn on the "Barley Sheaf," located on the German- town turnpike, on December 28, 1784, and Frederick A. Muhlenberg was the presiding judge, serving from December 28, 1784, until the September term, 1785, when he was sue- eeeded by James Morris, who served until 1789.
The executive department of the state was vested in the office of governor under the constitution of 1790, and early in the follow- ing year the first governor-eleet, Thomas Mifflin, commissioned James Biddle. president judge of the courts. He served until 1797, when he was sueeeeded by Judge John D. Coxe, who filled the office until 1805, when he was sueeeeded by William Tilgham, whose remarkable industry, ability and pleasing character during his long administration has always been spoken of in the most flattering terms by those associated with him.
The judges who have presided over the eonrts of Montgomery county sinee its or- ganization are as follows: Frederiek A. Muhlenberg, presided from 1784 to 1785; James Morris, from 1785 to 1789; James Bid- dle, from 1791 to 1797; William Tilgham,
from 1805 to 1806; Bird Wilson, from 1806 to 1818; John Ross, from 1818 to 1830; John Fox, from 1830 to 1841; Thomas Burnside, from 1841 to 1845; David Krause, from 1845 to 1851; Daniel M. Smyer, from 1851, elected under the amendment to the constitution of 1838; Henry Chapman, from 1862 to 1872; Henry P. Ross, from 1872 to 1882; Henry P. Ross, re-elected, served from 1882; Charles II. Stinson, appointed April 17, 1882, viee- judge, Henry P. Ross, deceased. James Bid- dle, John Coxe and William Tilgham ap- pear as president judges of the Court of Com- inon Pleas for Philadelphia for the same date as Montgomery county. B. Markley Boyer eleeted first Tuesday in November, 1882, to serve ten years, followed by A. S. Swartz and H. K. Weand.
List of admissions : E. L. Aeker, born 1830, admitted 1888; John Eekstein Beatty, born 1863, admitted 1893; J. W. Biekel, born 1846, admitted 1871; J. Boyd, born 1825, ad- mitted 1845; H. R. Brown, born 1845, ad- mitted 1866; H. M. Brownbaek, born 1859, admitted 1882; II. U. Brunner, born 1844, admitted 1866; G. W. Bush, born 1839, ad- mitted 1861; B. P. Chain, born 1861, admit- ted 1883; L. M. Childs, born 1851, admitted 1876; G. N. Corson, born 1833, admitted 1856; W. F. Dannehower, born 1855, admit- ted 1880; II. B. Diekinson, born 1840, admit- ted 1863; Montgomery Evans, born 1855, ad- mitted 1878; J. Fornanee, born 1840, admit- ted 1866; G. R. Fox, Jr., born 1863, admitted 1885; II. I. Fox, born 1873, admitted 1895; J. V. Gotwals, born 1843, admitted 1869; E. L. Hallman, born 1856, admitted 1881; A. R. Place, born 1857, admitted 1887; J. B. Hille- gas, born 1867, admitted 1892; F. G. Hobson, born 1855, admitted 1880; J. B. Holland, born 1857, admitted 1886; J. M. Dettre, born 1861, admitted 1886; J. P. H. Jenkins, born 1850, admitted 1874; E. F. Kane, born 1862, ad- mitted 1892; J. B. Larzelere, Jr., born 1869, admitted 1892; N. II. Larzelere, born 1851, admitted 1877; M. M. Gibson, born 1860, ad-
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THE BENCH AND BAR OF PENNSYLVANIA
mitted 1883; E. E. Long, born 1862, admitted 1887; A. B. Longaker, born 1830, admitted 1853; A. E. Longaker, born 1864, admitted 1889; F. Mareh, born 1837, admitted 1860; J. F. Miller, born 1862, admitted 1892; S. Money, born 1853, admitted 1876; W. Renny- son, born 1845, admitted 1886; J. H. Rex, born 1872, admitted 1896; Margaret Riehard- son, born 1876, admitted 1898; G. W. Rogers, born 1831, admitted 1854; J. Shraek, born 1850, admitted 1873; W. M. Shaw, born 1866, admitted 1888; C. S. Sheive, born 1866, ad-
mitted 1889; E. F. Slough, born 1858, admit- ted 1881; W. F. Solly, born 1856, admitted 1879; H. A. Stevens, born 1826, admitted 1848; C. Henry Stinson, born 1864, admitted 1886; C. H. Stinson, born 1827, admitted 1849; J. A. Strassburger, born 1853, admit- ted 1876; F. Styer, born 1864, admitted 1887 ; Hon. A. S. Swartz, born 1849, admitted 1872; N. D. Tyson, born 1847, admitted 1868; I. P. Knipe, born 1866, admitted 1889; Hon. H. Wanger, born 1850, admitted 1875; I. P. K. Weand, born 1837, admitted 1860.
ARMSTRONG COUNTY
1145
ARMSTRONG COUNTY
BY JAMES DENNY DAUGHERTY
In preparing a sketch of any local bar, particularly if it is an old one, one is met with two serious difficulties. The first, to collect the facts concerning the individual membership, as to who its members were, where they came from and what they did. Second, to properly present the facts, and give an estimate of the character and accom- plishment of the individual in such a manner as will show the real man, without being partial or prejudiced. In doing this, the writer must not be guided by his own judg- ment alone, but rather by the consensus of opinion of those who were acquainted with the man. In the following sketches of mem- bers of the bar, the writer is not giving his own opinions, but more the composite esti- mate of the bar itself.
The lawyer's life work is very different from that of other citizens. While he digs and delves into the very foundations of social life, while his influence has shaped and modified civil government, while he has been the great champion of human liberty and of constitutional law, his power has been manifested more in a general way, collec- tively through the profession. When we try to measure what the lawyer has done for the race, in the development of civilization and good government, we are lost in admiration 'and amazement. When we endeavor to trace the results to individual effort we are sur- prised to see how completely, in most eases, the life work of the individual lawyer is merged with or lost in the great work of the profession. While we know that each indi- vidual may have contributed something towards the development of jurisprudence,
we are impressed with the difficulty of being able to point our finger to some particular effort, and say here was Lord Mansfield, here Patrick Henry, here Daniel Webster, here Gibson or Black, here Marshall or Mere- dith, here Buffington or Golden, here Gilpin or Neale.
This is particularly true when we study a local country bar. While it may have pro- duced quite a number of thorough lawyers, it must have had its failures. From the nature of its situation and environment, by reason of its limitations in opportunity offered, it must have had many more mem- bers of splendid ability than could come to the front and occupy positions of promi- nence. So in this sketch of the Armstrong county bar, members deserving of greater recognition may be passed over with scant acknowledgment of their abilities because opportunity failed to open the door to the development of their work and worth.
The Armstrong county bar has given the publie its fair share of men who distin- guished themselves in law, politics and com- mercial affairs. In the law, it gave James Thompson, a chief justice of the Supreme court of Pennsylvania; Joseph Buffington (the younger), a district judge of the United States; Joseph Buffington (the older), John V. Painter, Jackson Boggs, James B. Neale, Calvin Rayburn and Willis D. Patton, judges of the Common Pleas courts, and D. B. Heiner, United States distriet attorney.
In politics it gave William F. Johnston, governor of Pennsylvania ; Andrew J. Faulk, governor of Dakota Territory; Samuel S. Harrison, Joseph Buffington (the elder),
1146
THIE BENCH AND BAR OF PENNSYLVANIA
Darwin Phelps, David Barclay and Daniel B. Heiner, Congressmen; Ebon S. Kelly, William F. Johnston, state senators; Wil- liam F. Johnston, John S. Rhey, J. Alex- ander Fulton, Darwin Phelps, John K. Cal- houn Franklin Mechling and Samuel B. Cochran, members of the legislature; John Gilpin, member of the constitutional conven- tion of 1873, and John F. Whitworth, cor- poration clerk, auditor general's office, Har- risburg. Outside the law and politics a num- ber of the members of the bar have been alike successful. In journalism John W. Rohrer, J. Alex. Fulton, James B. Neale, R. W. Smith, Graves S. Crosby, Walter J. Guth- rie and O. S. Marshall. In commercial and manufacturing industries, James E. Brown, William F. Johnston, Robert E. Brown, James B. Neale, John Gilpin, Orr Buffington and J. H. Painter. In banking, James E. Brown, James B. Neale, W. D. Patton, Ross Reynolds, M. F. Leason and James H. Mc- Cain.
The bar also contributed its share of men to the army: Larry Cantwell, Franklin Mechling, T. J. Van Geisen, William Blake- ley, Jefferson Reynolds, Graves S. and Sam- uel Crosby, Theodore Barrett, Charles G. Barelay, James C. Golden, James B. Neale, James B. Gates and Joseph R. Henderson having taken part in the war of the Rebel- lion, and Auston Clark and Charles E. Har- rington in the war with Spain. Robert G. Heiner gave up the law for a military career in the regular army.
In literature R. W. Smith wrote a very elaborate and exhaustive history of Arm- strong county; John F. Whitworth is the author of three text-books on the Law of Tax sales, "Corporation Practice" and "Taxa- tions of Corporations," and is engaged in the preparation of another valuable work, and J. D. Daugherty has dabbled some in news- paper and magazine work, but principally under a nom de phime.
The history of the Armstrong county bar
begins with the organization of the county for judicial purposes in 1805. The first court in the county was held in a log house, on the lot now occupied by the Reynolds House, in Kittanning, in December of that year. The elerk's minutes show that the following members were admitted to the bar at that court by Hon. Samuel Roberts, the president judge: Samuel Massey, who was the first lawyer located in Kittanning; Samuel Guth- rie, George Armstrong, John B. Alexander and William Ayers. At that time amid those primitive surroundings the Armstrong coun- ty bar may be said to have come into exist- ence. Of these original members nothing can now be learned. None of their descendants are connected with the bar at the present time, and so far as known none are in Kit- tanning or the county.
At this time the judicial district consisted of Armstrong, Cambria, Indiana, Somerset and Westmoreland counties. Doubtless most of these earlier members were residents of other county seats and their history will appear in that of other bars.
The judges who presided over the courts, not residents of the county, were John Young of Greensburg, Thomas White of In- diana, Jeremialı M. Burrel of Greensburg, John C. Knox of Tioga county and James A. Logan of Greensburg. These gentlemen all stood in the fore front of the profession, as also in public affairs, and an account of their lives will be found in the histories of their home bars. The native judges who have been on the beneh were Joseph Buffington, John V. Painter, Jackson Boggs, James B. Neale, Calvin Rayburn and Willis D. Patton. These gentlemen were all elected to the office of judge. Their career on the bench showed that the confidence of the people was not misplaced. Their record in the Supreme Court, in many instances, on new and orig- inal questions, shows that they had a master- ful grasp of the law.
Until the act of 1850 the following mem-
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ARMSTRONG COUNTY .
- bers were appointed deputy attorney general or prosecuting attorney : Thomas Blair, William F. Johnston, Michael Gallagher, J. B. Musser, John B. Alexander, John Reed, George W. Smith, John S. Rhey, Thomas T. Torney, Daniel Stanard, Hugh H. Brady, Ephraim Carpenter, J. G. Barelay, John W. Rohrer and James Stewart. The act of 1850 made the office eleetive and changed the name, and the following members were eleet- ed district attorney : Jolin W. Rohrer, Franklin Mechling, William Blakeley, Henry F. Phelps, Jolm V. Painter, John O. Barrett, Jefferson Reynolds, Josephı R. Henderson, Mirvin F. Leason, Robert S. Martin, Harvey N. Snyder, Rush Fullerton and J. P. Cul- bertson.
The following is a list of the members: George Armstrong, admitted 1805; John B. Alexander, admitted 1805; William Ayers, admitted 1805; Joseph Buffington (the eld- er; judge), 1827; Ephraim Buffington (judge), 1843; Jackson Boggs (judge), 1848; Daniel Barelay, 1850; Cyrus Bogg, 1855; William Blakeley, 1856; John O. Barrett, 1858; J. E. Brown, 1859; John P. Blair, 1867; Theodore Barrett, 1868; Charles G. Barelay, 1872; H. A. Barelay, 1872; Joseph Buffington, 1878; Orr Buffing- ton, 1881; John A. Beatty, 1884; Larry S. Cantwell, 1847; Jolm K. Calhoun, 1850; Graves S. Crosby, 1870; James P. Coulter, 1871; Joseph P. Calhoun, 1876; Alex. C. Crawford, 1877; Samuel M. Crosby, 1879; Captain Austin Clark, 1880; John T. Col- thiers, 1882; John Q. Coehran, 1888; Samuel B. Coehran, 1889; W. J. Christy, 1889; John T. Crawford, 1887; Joseph P. Culbertson, 1896; Earl F. Cochran, 1901; James Denny Daugherty, 1887; J. Alex, Fulton, 1848; John B. Finlay,1857 ; J. G. D. Findley, 1868; Rush Fullerton, 1889; Jaeob Freetley, 1851; Samuel Guthrie, 1805; Edward S. Golden, 1848; James C. Golden, 1852; John, Gilpin, 1861; J. A. Getty, 1862; James B. Gates, 1871; Walter J. Guthrie, 1887; Horatio Lee
Goulen, 1885; Edward O. Goulen, 1900; Dan- iel M. Geist, 1897; Oliver W. Gilpin, 1901; Henry J. Hays, 1867; Thomas N. Hathaway, 1890; John M. Hunter, 1893; Joseph R. HIen- derson, 1875; Robert G. Heiner, 1876; Dan- iel B. Heiner, 1881; G: M. Hill, 1882; Edward Ilill, 1887 ; Boyd S. Henry, 1895; Charles E. Harrington, 1898; Harry A. Hileman, 1899; George G. Ingersoll, 1870; Robert B. Ivory, 1882; A. L. Ivory, 1888; Alex. Johnston, 1858; William Y. Johnston; Richard H. Jolinston, 1877; Floy C. Jones, 1893; James Wesley King, 1886; Williard J. King, 1901; M. F. Leason, 1877; John HI. Lawson, 1899; E. E. Lawson, 1901; Samuel Massey, 1805; Franklin Meehling, 1847; Thomas W. Mar- tin, 1873; Robert S. Martin, 1879; Osear S. Marshall, 1886; Samuel H. Morgan, 1892; Clarenee O. Morris, 1901; J. A. MeCullough, 1849; Thomas G. MeCullough, 1871; James II. MeCain, 1873; II. N. MeIntyre, 1874; Reuben A. MeCullough, 1887; William A. MeAdoo, 1901; Samuel II. MeCain, 1902; Barelay Nulton, 1858; James B. Neale (judge), 1862; D. L. Nulton, 1881; Grier C. Orr, 1862; Darwin Phelps, 1836; Henry F. Phelps, 1858; Willis D. Patton (judge), 1876; J. H. Painter, 1888; John W. Rohrer, 1847; A. S. Robinson, 1855; Ross Reynolds, 1877; Alex. Reynolds, 1877; John D. Rey- nolds, 1885; Calvin Rayburn (judge), 1879; E. C. Ross, 1892; R. L. Ralston, 1893; Wil- liam G. Reynolds, 1882; Robert W. Smith, 1848; John Smullin, 1863; H. N. Snyder, 1872; John M. Schundlin, 1884; James Stew- art, 1842; Thomas T. Torney, 1848; A. J. Truett, 1888; F. J. Van Geisen, 1889; Find- ley P. Wolfe, 1879; John P. Whitworth, 1878; James S. Whitworth, 1882; Gustavus A. Walker, 1903.
William F. Johnston (governor of Penn- sylvania 1848-52), the third governor of Pennsylvania under the constitution of 1838, was born at Greensburg, Pa., November 29, 1808. His paternal aneestors were of Scoteh stoek, his maternal, English, The family was
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THE BENCII AND BAR OF PENNSYLVANIA
a strong and influential one in western Penn- sylvania and produeed a number of men be- sides the governor who distinguished them- selves as offieers in the Mexican war and the Rebellion.
The governor had a limited common sehool and academie education, but was a great reader and elose observer. He was a large, handsome man, dignified and eourtly in bearing, pleasant in address and had that indeseribable attractive thing about him, which, for want of a better name, we eall presenee. He studied law under Major J. B. Alexander and was admitted to the bar in May, 1829, when twenty-one years of age. Shortly after his admission he moved to Kit- tanning, Armstrong eounty, and engaged in the practice of his profession. While not as profound a lawyer, perhaps, as some of his fellows at the bar, he yet had the advan- tage of a eommanding presenee, a persuasive eloquence and keen judgment of men, which made him a strong jury lawyer. He was twice appointed prosecuting attorney. For several years he represented the county in the lower house of the legislature, and in 1847 was elected to the state senate in the distriet composed of the counties of Arm- strong, Indiana, Cambria and Clearfield. As a legislator he was bold, fearless, independ- ent, and soon beeame an acknowledged lead- er. He was the author and strong advocate of numerous acts of legislation, and, as a recognition of his ability, was elected presi- dent of the senate. When Governor Shunk resigned, by constitutional provision, Speak- er Johnston beeame governor. In 1848 he was the Whig nominee and was elected gov- ernor over Morris Longstreth after a spirited eampaign. During his administration as gov- ernor the financial and material interests of the commonwealth were managed in a very able and ereditable manner. He be- lieved in a proteetive tariff. His first mes- sage, in which he advocated sueh a tariff, has sinee been recognized and used as a strong
state paper in favor of that policy. It was largely through the influence of Governor Johnston that the Colonial Records and Pennsylvania Archives were published, thus preserving mueh important and interesting state history.
Failing of re-election, Governor Johnston resumed the practice of law in Kittanning and also took an active part in business af- fairs. He was interested in the manufacture of iron, salt, oil from bituminous shale and the production of petroleum. He took an aetive part in organizing the Allegheny Val- ley railroad and was its first president. At the outbreak of the war of the Rebellion he was aetive in organizing troops, and was also superintendent of the defenses at Pitts- burgh. He was appointed eolleetor of the port at Philadelphia by President Johnston and discharged the duties of the office for several months, but his nomination was re- jeeted by the senate.
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