USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume II > Part 80
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He associated himself with Hon. George S. Seldon of Meadville, and practieed law in Philadelphia until some time in 1868, when he returned to Kittanning, where he prae- tieed more or less until 1871. He died in Pittsburgh October 25, 1872. Perhaps the best estimate of Governor Johnston as a man and lawyer is that given by Hon. James A. Logan, himself an able jurist, when he said: "I gladly testify to the fine ability of Governor Johnston as a lawyer and his pow- ers as an advocate; to his marked courtesy of address and his uniformly gentlemanly bearing; to his absolute integrity in profes- sional relations, always the characteristic of a great lawyer and man, and to his seorn of wrong. To say that Governor Johnston was distinguished in these things is but the trib- ute of truth to the reeolleetion of a man whose presence commanded affection and whose memory eompels respeet. William F. Johnston was married April 12, 1832, to Miss Mary Monteith. The offspring of the union was five sons and two daughters.
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1149
ARMSTRONG COUNTY
James Thompson, who became chief jus- tice of the Supreme Court of Pennsylvania, although not a resident of the county when elected to that office, was a resident of Kit- taning for a number of years prior to that time. He came to Kittanning from Butler in 1826 when twenty-two years of age. He was a printer and worked on the old Kittanning Gazette. He studied law in Kittanning, and during the period of his clerkship worked at his trade three hours a day, thereby maintaining himself. Ile was admitted to the bar of Armstrong county in March, 1828, and practiced for about two years. From Kittanning he moved to Franklin, Pa.
Joseph Buffington (the elder), for nearly thirty years judge of the "old Tenth" dis- triet and whose life was intimately connect- ed with the history of Armstrong county, was born at West Chester, in the County of Chester, Pa., on November 27, 1803, and died in Kittanning February 3, 1872. IIe came of English-Quaker stock, which was noted for its sturdiness. Ilis ancestors set- tled in eastern Pennsylvania in 1677, where the family grew to be numerons and influen- tial. Judge Buffington's parents about 1800 moved west, as they then said, and set- tled near Pittsburgh on the Allegheny river. When eighteen years of age he entered the Western university of Pennsylvania at Pitts- burg and pursued the regular course. After graduating he went to Butler and edited the Butler Repository, a weekly paper. Edito- rial work, not offering as wide a field as lie desired, he took up the study of law in the office of General William Ayers, a leading lawyer in western Pennsylvania at that time. While a student he was married to Miss Catherine Mechling, a Butler belle. In July, 1826, he was admitted to practice in Butler county and to the Supreme court in 1828. He practiced in Butler about a year, but then decided Armstrong county was the more promising field, and moved to Kittan- ning, where he resided until his death. While
his first years were those of hardship and narrow means, his integrity and close ap- plication brought him ample reward, and in a few years he was in possession of a good practice and occupied a commanding posi- tion at the bar. From 1830 to 1843 he gave his whole attention to the practice of law. By his careful labor, zeal and energy he built up a large practice in Armstrong, Clarion, Jefferson and Indiana counties and had ac- enmulated a competency. Ile was connected with nearly all the important litigation iu this large territory during his days as a prac- titioner and was recognized as one of the ablest lawyers of the western Pennsylvania bar.
Judge Buffington from his early manhood took an active interest in political affairs. In 1831 he was a delegate to the national convention of the anti-Masonic party, and voted for William Wirt, its nominee. IIe was nominated several times for the state senate and house of representatives, but his party, being largely in the minority, he was defeated. In 1840 he associated himself with the Whigs. He took an active part in the election of General Harrison and was elected a presidential elector. In the fall of 1843 he was elected to Congress on the Whig ticket and was re-elected in 1844.
Governor Johnston, a personal friend, ap- pointed Mr. Buffington president judge of the Eighteenth district in 1849. The dis- triet was composed at that time of Clarion, Elk, Jefferson and Venango counties. In 1852 the Whigs nominated him for a judge- ship in the Supreme court, but in the general overthrow of the party he was defeated. That same year President Fillmore tendered him the office of chief justice of Utah terri- tory, but its great distance from the cen- ters of civilization led him to decline the po- sition. In 1855 Governor Pollock appointed him president judge of the "old Tenth" judi- cial district. In the fall of 1856 he was eleet- ed president judge of this district and served
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THE BENCH AND BAR OF PENNSYLVANIA
the full term of ten years. In 1866 he was re-elected for another term of ten years. The Tenth distriet was composed of Armstrong, Indiana and Westmoreland counties. The increasing business of this busy district made the position of judge one of hard and eon- stant labor. After forty-six years' connec- tion with the bench and bar Judge Buffing- ton retired to private life, leaving a record of his work in the Pennsylvania Reports as a thorough and industrious lawyer and an up- right, fearless, studious and profound jurist. He died suddenly on February 2, 1872. He lay down to rest in the afternoon and was found in the peaceful sleep of death. For many years he was a member and vestryman in St. Paul's Episcopal church. He was a liberal contributor to the ehureh and to all matters relating to the publie advancement. HIe was a great friend of young men, and there are those in practice who still cherish his kindly assistance and advice as pleasant things which eame into their lives. The fol- lowing tribute by Governor William F. John- ston gives an idea of the man: "To speak of Judge Buffington's earecr as a lawyer would be a history of the judicial eontests in this section of the state for more than a quarter of a century. He had a large praetiee in Armstrong, Jefferson, Clarion and Indiana counties, the courts of which counties he regularly attended. It was a pleasure to be with him cither as assistant or oppossing counsel in any of these counties."
Jackson Boggs, one of the home judges of Armstrong county, was born in Plum town- ship, Allegheny eounty, Pennsylvania, on April 7, 1818. ITis earlier years were spent on the farm in Allegheny eounty and Kiski- ininetas township, Armstrong county. He had an abiding love for pastoral pursuits, during his professional and official career, and took pleasure in his fine farm opposite Kittanning. He acquired a fair English edu- cation and made a specialty of surveying, which he practiced extensively during his
student and earlier lawyer days. He fol- lowed teaching during his young manhood, having taught in Pittsburgh, in various see- tions of Armstrong county, ineluding the publie school in Kittanning borough. Those who were under his instruction bear witness to his faithfulness as a zealous and indus- trious instructor. He began the study of law in the fall of 1843 in the office of IIon. Dar- win Phelps. Having completed the full ser- vice of reading, he was admitted to the bar in September, 1845. Shortly after his ad- mission he was married to Miss Phoebe J. Mosgrove.
He began practicing, and in the course of his career aequired an extensive and re- munerative praeticc. His associates testify that he was careful, laborious and thorough in his preparation of eases and an uncoin- promising contestant in the trial of them. He was in partnership for a few years with John K. Calhoun. IIe was appointed deputy surveyor general for Armstrong county in the early part of his professional life and filled the position with eredit for several years. In 1874 in a very bitter triangular contest he was elected president judge of Armstrong county and ran ahead of his ticket. Politieally he was a staneh Demo- crat and had a strong following, not only in his own party, but at large as well. In the discharge of his judicial duties he was eare- ful and painstaking. Naturally a strong partisan, his eonstant endeavor was to be a correet and impartial judge. He was anx- ious to be right, and examined all questions thoroughly before rendering an opinion, with the result that few of his opinions were re- versed by the Supreme court. Judge Boggs did not live to serve his term. Under the weight of physical ailment, great suffering and failing health he worked bravely on, and died rather suddenly in April. 1879. Jaekson Boggs was a strong man, large and rough- hewn in his build, sturdy in character, dem- ocratie in his manner and methods, con-
1151
ARMSTRONG COUNTY
stant in his friendship, strong in his dislikes, intense in his partisanship, he was, withal, a kindly hearted man and was recognized as a man of the people. As a lawyer, while he commanded a large practice and aequired considerable property, he was not a money- maker and did not know how to charge. It mattered not to him whether a client had a fee or not. He was more of an advocate than counselor. He was inclined to brush narrow technical questions aside and stand on the broad question of right and wrong. Hle was a fair and fearless fighter. His ex- tensive acquaintance and knowledge of men, with his rough eloquence, and strong per- sonality, made him a factor to be reckoned with in the trial of the eases, wherein he ap- peared.
John V. Painter was a son of Joseph Paint- er, D. D., for many years pastor of the Pres- bytcrian church of Kittanning. The family came from Bucks county. John V. Painter was born in Williamsport, Pa., May 25, 1829. In 1834 his father and family came to Kit- tanning, where they resided for many years. IIc was educated in the old Kittanning aead- emy. At an early age he was placed in mer- cantile pursuits. IIe was married to Miss Sarah J. Crawford. He engaged in the busi- ness of storekeeping for several years in Kit- tanning, but this not being as successful as desired he abandoned it and took up the study of law in the office of Larry S. Cant. well. He was admitted to the bar in Septem- ber, 1861. He was appointed deputy dis- triet attorney in September, 1862. On the retirement of Judge Logan Governor Hant- ranft appointed Mr. Painter president judge of the Third judicial district, composed of Armstrong county, in April, 1874, and he oe- cupied the bench until the first Monday of January, 1875. He was a candiate for the office, but was defeated in the fall election.
Judge Painter was a warm, steadfast friend, endowed with various fine qualities of heart and mind, generous impulses and a
laudable ambition. IIc was actuated by proper motives and was faithful to his clients and fair to his fellow lawyers. Coming to the bar somewhat late in life, he did not acquire as large a practice or reach as prominent a position as some, but he was recognized as a .shrewd and careful practitioner.
James Brown Neale was the first native judge of Armstrong county. He was born and reared in Kittanning. He was mainly educated at home. With the exception of a short time in Pittsburgh and Germany, his life was spent in his native county, so that he is, out and out, a product of the native soil. He comes of energetie Irish stock, be- ing connected with the Brown family, a fam- ily that has done much in the development of Armstrong county. James B. Neale began his career at an early age and had to rely chiefly upon his own exertions. He began a mercantile career in the store of Brown, Floyd & Co., manufacturers of iron, and merchants in Kittanning. He was trained in the keeping of accounts and business man- agement and took charge of the firm's whole- sale business in Pittsburgh. He continued as manager there until 1858, when he con- cluded to study law, and entered the office of Golden & Fulton, at that time prominent law- vers in Kittanning. The breaking out of the war interfered with his studies somewhat, but he was admitted to practice in March, 1862. In 1861 he enrolled in Captain Cant- well's Company I of the "three months" men and was elected third lieutenant. The new military formation discontinued the office of third lieutenant, and Mr. Neale, for suffi- cient reasons, resigned and was discharged, with honorable mention, by his superior offi- cers. Later he enrolled in Captain Calhoun's company and was attached to the Twenty- second Pennsylvania Regiment infantry. He became quartermaster of this Regiment and served until late in 1862, when he was dis- charged from the service. Retiring from the army, he completed his studies and was ad-
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THE BENCHI AND BAR OF PENNSYLVANIA
mitted to the bar. He formed a partnership with Edward S. Golden and entered into the active practice of law. This firm built up a wide reputation and a large practice. It was engaged in all the important litigation in the county during its existence and probably had the largest practice ever acquired in the history of the bar. The firm continued until 1871, when Mr. Neale went to Europe and spent a year in the University of Leipsie. In 1873 he returned to Kittanning and resumed the practice of law independently and was at once successful. In 1879 he was appointed president judge of the county courts to fill the vaeancy caused by the death of Judge Boggs. He was elected at the fall eleetion of that year on the Republican ticket and filled the full term of ten years as president judge. At the expiration of the term he re- sumed practice with his nephew, Jolın H. Painter, the firm being Neale & Painter.
Judge Neale has been successful in busi- ness matters as well as in the law and on the bench. He is interested in a number of en- terprises, in manufacturing and in oil pro- duction. He was largely instrumental in fonnding the Merchants' National bank of Kittanning, which, under his direction as president, has been unusually successful. He is a member of the Episcopal church. His first vote was east for the Republican tieket. He has been a stanchi and consistent men- ber of the party ever sinee. He was ap- pointed commissioner for the state of Wis- consin in Pennsylvania by Governor Ran- dall. Ile is a member of the state bar assoeia- tion, also of the United States bar. He holds a membership in the Sons of the Revolution and in the Grand Army of the Republic. As a lawyer Judge Neale for years has been ree- ognized as one of the leaders at the bar. He is of a very energetic temperament and has been a hard and thorough worker. When he had a question to examine it was his plan to exhaust it. Very anxious and ambitious to be right, no labor was too arduous, so long
as he eould thereby reach the correct con- clusion. From his business experience, be- fore he entered the law, the commercial side of the practice appealed to him the strongest. He made quite a reputation as a business lawyer and became the adviser of his clients not only in law but in their investments as well. He is said to have handled more money of clients than any other member of the bar. As a practitioner he was frank and zealous. He rather seorned narrow technicalities and seemed to enjoy a contest on the merits. While always kind and courteous to his fel- low lawyers, he was unyielding in the inter- ests of his clients. He is of a poetie and lit- erary temperament, has always been a great reader and is recognized as one of the versa- tile men at the bar. With a lively imagina- tion, wide vocabulary and foreeful dietion and address, he is equally strong with the pen or tongue. As a judge his hard-working habits and great desire to be right led him to investigate every question elosely. So thorough was his work in this respeet that his record in the Supreme court is among the best of the common pleas judges in the state. IIe was quick to grasp the real question in a case and prompt to decide. He was not bound by narrow rules, was in no sense a case lawyer, but would work out conelusions from general principles, as instaneed by his opinion in the celebrated ease of Karns and Tanner. As a citizen Judge Neale took an interest in all publie affairs. Being a fine speaker, he was in constant demand to make addresses on publie occasions. He was a foreeful political speaker and did much work for his party. He is kind hearted and generous. He has always had a helping hand for the deserving and was liberal of his means with those in distress. He was a gen- erous giver to all public affairs and his pri- vate charities have been numerous. During the years he owned and edited the "Free Press" he gave his readers some very credit- able work in prose and verse, which showed
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1153
ARMSTRONG COUNTY
the wide range of his talent. Of late years, owing to failing health and increasing com- mercial interests, he has rather abandoned active practice and gives his attention to the bank and his private affairs.
Calvin Rayburn comes of Scotch-Irish stock. Ile is a native of Armstrong county and was born in North Buffalo township on October 25, 1850. His earlier years were spent on the farm. His education was se- cured at the common schools, teaching coun- try schools and through a classical course at Princeton college. He studied law in the office of Ilon. George A. Jenks at Brookville and was admitted to the bar there. Shortly after his admission he opened an office in Kittanning and was soon in the midst of an active practice. In politics he is a Democrat. Ile took an active interest in his party, and, being a pleasant and persuasive speaker, was in great demand at his party meetings. In this way he made a very wide acquaintance in the county and secured a large personal following. He was elected a delegate to the national Democratic convention that nomi- nated Grover Cleveland the first time. He was the nominee of his party for the office of president judge in 1889; was elected at the general election and filled the office for ten years from the first Monday of January, 1890. Judge Rayburn is perhaps the most genial man at the bar. He is possessed of that indeseribable element in his personality that attracts and holds friends. This, coupled with his wide acquaintance, makes him a popular man with the people, as well as a dangerous opponent in polities and at the bar. While not as aggressive in his manner and methods as some other members of the bar, he is yet a potent factor in politics, and before a jury. Well edneated, well read, well grounded in the principles of law, his snecess is probably due more to his genial personality. His career on the bench was marked by an abiding common sense, which generally reached correct conclusions. As a
judge he was patient and courteous in his treatment of the members of the bar, and honest and impartial in disposing of the in- terests of litigants who came before him. At present he is the Democratie nominee for judge of the Superior conrt. After retiring from the bench he resumed active practice, and is now associated with Samnel H. Mc- Cain, the firm being Rayburn & MeCain.
Willis Dalzell Patton was born in Alle- gheny City, Pa., January 13, 1853. His fathi- er dying, his mother, a daughter of Hon. Philip Mechling of Kittanning, during his boyhood took up her residence at the old homestead. He secured a good English edu- cation in the schools of the town at that time. At an early age he began to make his own way and acted as bookkeeper for several business firmns. While acting as clerk and deputy for Sheriff Montgomery he acquired an extended acquaintance with the county and its people. In performing the duties of this position his attention was particularly drawn to legal matters and he determined to study law. With that promptness which has characterized his life, he seenred a elerk- ship in the office of Hon. Edward S. Golden. While attending to routine business there he pursned his legal studies. The large and varied practice of that office gave him an op- portunity to become thoroughly grounded in the details of practice, as well as in the principles of law. He was admitted to the bar in September, 1876. and entered into partnership with his preceptor in 1877. This partnership continued until the latter part of 1879. In 1880 Mr. Patton entered upon an independent practice, which continued until he was elevated to the bench. In 1899 he was the Republican nominee for president judge and was elected at the fall election of that year. He has been on the bench sinee Jannary, 1900, and at present presides at the county courts.
Judge Patton was eminently successful as a practitioner and bids fair to be equally so
73
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THE BENCH AND BAR OF PENNSYLVANIA
as a jurist. His training as bookkeeper, to habits of exactness, with his natural orderly tendencies, made him very methodical and exact in caring for the business which came to him. This, with his unceasing toil, gave him a reputation for thoroughness, which at- tracted a large clientage. Judge Patton is possessed, in a marked degree, of four ele- ments which go to make a well-rounded lawyer-calm, discriminating judgment, un- tiring industry, patient persistence and good common sense. Ile is a very modest man, and, though not a powerful speaker, as the word goes, was yet a strong jury lawyer. His arguments were thorough, logical and ana- lytical, and, measured by results, were often the more effective. Judge Patton carried his habits of industry on the bench. While he gives every case a patient hearing, he clears the trial lists with promptness and dispatch. While he was in active practice the law practically absorbed his whole atten- . tion. He was not inclined to take up much outside business. His practice was a valua- ble one, and through judicious investments he became possessed of ample means. Since going upon the bench he has given more at- tention to general business matters. He was largely instrumental in establishing the Armstrong County Trust company, of which he is president.
Horatio N. Lee was born in Butler county, Pennsylvania, on May 8, 1811. He was of English descent. His father and uncle were among the pioneer settlers of western Penn- sylvania. His early years were spent on the farm. His early education was received at home at the hands of his parents and uncle, who prepared him for college. IIe entered Washington and Jefferson college and was graduated in 1833. He studied law in the office of Hon. John Bredin, in Butler, and was admitted to practice in 1835. He settled in Kittanning the same year and at once commenced active practice. Hle resided in Kittanning until his death September 4,
1887. In 1851 he entered into partnership with Edward S. Golden. The firm continued until the fall of 1855, when on account of failing health Mr. Lee withdrew and retired from active practice. Early in his career he began dealing in real estate and by his good judgment and wise investments had secured quite a competency by the time he retired from practice. After his retirement he gave his attention to his private affairs. Though not in practice, he took an active interest in legal affairs and was a frequent visitor at the sessions of court.
His contemporaries testify that Mr. Lee was an exceptionally able lawyer. His ex- perience as a lawyer was such as produced thoroughness in the study and originality in the application of legal principles. In his day, text-books were few and reports scarce. Lawyers then were necessarily. elementary lawyers. Mr. Lee became thoroughly grounded in elementary principles and had singular clearness of memory and judgment as to legal remedies, almost to the end of his life. He was frequently consulted by younger lawyers on knotty questions, and took pleasure in setting them right. He was noted for his industry, fidelity and thorough- ness. He was cautious in forming his con- clusions, exhaustive in preparing his cases and confident and aggressive in their trial. He was noted as a trial lawyer. Mr. Lee was among the last of that class of lawyers that made precedents and molded the practice in Pennsylvania. He held and practiced the strictest principles in professional and busi- n'ess life and made small allowance for those who fell from his own strict standard. Mr. Lee was a large man, somewhat stern and austere in manner and dignified in bearing. Ile was a striking figure wherever he went. Strong of voice, forceful of gesture, clear in expression and positive of statement, he was acknowledged a most formidable advocate.
John Gilpin was born in the borough of Kittanning, Pa., in 1849, His father, Dr.
H. IL La.
1155
ARMSTRONG COUNTY
John Gilpin, whose name was a household word in this county, was of English stock that originally settled in Maryland. His mother was Miss Montieth, daughter of an Irishman, and one of the early settlers of Kittanning. From boyhood Mr. Gilpin was intended for the law. His father having ample means, gave him a liberal education with that in view. Born to riches during the preparatory period of his life, he had un- usual advantages and was free from the dis- tracting care of providing each day's sub- stance. Ile pursued the full course of the Philadelphia Law school at that day, and received his practical professional lessons from Colonel Biddle, one of the profound, accomplished and erudite lawyers of the state. With a mind well garnished with le- gal knowledge and trained to methodical habits, he was admitted to the bar in Decem- ber, 1861, and settled down to the practice of law in his native town. In the beginning of his professional life he fully realized that integrity, close application to business, la- borious, persistent and intelligent industry were the only sure elements in the achieve- ment of success and distinction in the law. During his professional career he followed this theory with inflexible fidelity. He was known as one of the hardest workers at the bar, and, although possessed of large wealth, frequently endangered his health in his zeal- ous labors for his clients. Coming to the bar splendidly equipped, it is not surprising that he should succeed, but success did not come by leaps and bounds. He had his time of waiting and his disappointments. Like most lawyers, he had to work to win his way to the coveted goal. This he did with un- usual faithfulness. He labored early and late with incessant zeal, with the result that at the age of forty-four he was well in the front ranks of the prominent and successful lawyers of western Pennsylvania. While he had a comprehensive grasp of elementery principles, Mr. Gilpin was, perhaps, the most
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