The twentieth century bench and bar of Pennsylvania, volume II, Part 82

Author:
Publication date: 1903
Publisher: Chicago, H. C. Cooper, jr., bro. & co.
Number of Pages: 1180

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Buffington is looked upon more as a commer- cial lawyer than advocate. He has been and still is the adviser of a large clientage, as to their investments, as well as to their legal af- fairs. He has had perhaps as wide an ex- perience in corporation law as comes to the average country practitioner. He has been the resident attorney for a number of cor- porations doing business in the county. The eommereial and business side of the law ap- peals to him with greater foree. He has been eonneeted with mueh important liti- gation and many interesting trials. He looks at the praetieal rather than the senti- mental side of affairs, and is inelined to earry that out in his method of trying and arguing a ease. He is positive of purpose, and tenacious in earrying it out, rather en- joys a hard fought ease, and is in it from start to finish. Mr. Buffington married Lot- tie M. Hyde, a charming daughter of New England, and a thorough musician. He is entitled to membership in President Roose- velt's Legion of Honor, being the father of five children-four of them boys.

Ross Reynolds was born at Kittanning, Pa.,. April 4, 1854. His father was Franklin Reynolds, son of David Reynolds, an early settler of Kittanning. On his father's side he eomes of good English stoek. The found- er of the family in Ameriea being Thomas Reynolds, a soldier in Braddoek's army, who was wounded in the eelebrated battle known as "Braddoek's Defeat," and who after- wards settled in Huntingdon eounty, Penn- sylvania. Mr. Reynolds' mother was Mary T. Patterson, an Ohio belle, whose deelining years but added mellowed grace to the charm of her youthful beauty. Mr. Reynolds was educated in the private schools of which his native town furnished in his day. He has been and is a constant reader, and came to the bar with a mind well stored with gen- eral information. He studied law in the offiee of Hon. E. S. Golden, and was ad- mitted to praetiee Deeember 1, 1878. After

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admission he opened an office and has since given, praetieally, his exclusive attention to the law. 'Being inclined to modesty, and not given much to self assertion, his earlier pro- fessional years were not marked by as great sueeess as his abilities merited. . This per- haps was an advantage, as it gave his indus- trious habits opportunity to thoroughly ground him in the principles of the law. His compensation eomes now in the ready fa- miliarity he has with elementary principles. His knowledge is laid upon a broad founda- tion, and if his progress was slow at first, it was sure and steady. Mr. Reynolds makes little pretense to oratory, as the word goes, and is rather inelined to look upon rhetorical flourishes with distaste, and yet in some ways is the best talker at the bar. He has the rare faculty of thinking elearly on his feet. He has a remarkable memory for words, and has perhaps the widest voeabu- lary at the bar. His arguments are noted for their terse, elear-eut, ineisive expression and logieal arrangement. They are analy-

tieal rather than ornate. Mr. Reynolds talks in the language of the books. His speeches would require but little editing for publica- tion. When aronsed he can indulge in a bit- ing sareasm, which has the finesse of a rapier thrust. In the midst of a busy practice he retains his studious habits. Somewhat in- clined to be retiring, his practice has been that of eouneellor rather than advocate, though he has taken part in a number of im- portant trials, and is reekoned as a danger- ous antagonist. He is a delightful eonver- sationalist, and quotes from the books he has read with rare accuracy and skill. He mar- ried Harriet HI. Campbell, daughter of Hon. James Campbell, a common pleas judge of Clarion county. The result of their union is two interesting daughters, now entering young womanhood. Mr. Reynolds is a ves- tryman in St. Paul's Episcopal church, a di- rector of the Kittanning general hospital and vice-president of the Armstrong county trust company. Considerable of his time of late is given to looking after private affairs.

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THE BENCH AND BAR OF PENNSYLVANIA

MONTOUR COUNTY

BY THE PUBLISHERS

For what little we have to say of Montour eounty, in way of biographieal sketches, we are indebted to the "Book of Biographies of the Seventeenth Congressional District of Pennsylvania" by the Biographical Publish- ing Company, of Buffalo, N. Y., and Chieago, Ill., as we have been unable to obtain any historieal matter through the local attorneys of the county, and consequently have to omit the biographies of some, we presume, who are worthy of special mention.

The list of admissions so far as we are able to aseertain, is as follows: R. S. Amer- man, W. J. Baldy, T. E. Deen, E. S. Gear- hart, C. P. Harder, James Marks. J. Searlet, T. C. Welsh, F. C. Angle, C. Chalfant, C. P. Gearhart, I. X. Grier, H. M. Hinekley, H. Rebman, W. L. Sidler, W. K. West.

Frank C. Angle is a lawyer of much prom- inenee in Montour county, but is better known to the publie as the proprietor and publisher of the "Montour Ameriean," a weekly paper of high standing, and also of the "Morning News." Mr. Angle has been eonnected with the growth of Danville in many ways. He is a native of Danville; was born February 25, 1854, and is a son of William and Henrietta (Pursel) Angle. His first education was obtained in the common schools, and later in the Lehigh university, from which he graduated in the elass of 1876. He then took up the study of law with Thomas Galbreth, a learned lawyer of Dan- ville, and was admitted to the Montour eounty bar in 1879, after which he formed a partnership with James Searlet and began practice. Subsequently the partnership was dissolved and Mr. Angle has sinee been en-

gaged in practice alone. He has not only been engaged in the work of his profession, but has been elosely connected with many public enterprises, especially where the wel- fare of the borough of Danville has been con- cerned. Mr. Angle married Miss Sue Rob- inson of Easton, Pa. They have two sons.

William L. Sidler is one of the prominent attorneys of Danville, and is register of wills and recorder of deeds of Montour eounty. He is a native of Danville, and is a son of Franklin and Amanda (Gulick) Sid- ler, a grandson of Jaeob Sidler, and a great- grandson of Jaeob Sidler, Sr. Mr. Sidler ac- quired a good edueation in the public sehools after which he taught for several years in the public and grammar sehools of Danville. Later he supplemented his edueation by a course in Princeton college from which in- stitution he was graduated in 1888; he then began the study of law under the direction of Edward S. Gearhart and was admitted to the bar in 1890. The following year he began the practice of his ehosen profession with Mr. Gearhart and has met with great success. He was elected register and re- eorder of Montour county, which offiee he still holds, and the duties of which he is hon- estly and faithfully fulfilling. He was mar- ried to Miss Mary E. Divel, daughter of Hon. Henry Divel, a prominent citizen of Danville. Mr. Sidler is a member and past master of the Mahoning Lodge No. 516, F. & A. M., Danville Commandery, Knights Templar, No. 37, of which he is Captain Gen- eral; Montour Lodge No. 109, I. O. O. F. and Beaver Lodge No. 132 K. of P.

Isaac X. Grier is a prominent citizen of

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Danville, where he was born December 27, 1835, son of Michael C. and Isabella (Mont- gomery) Grier, and is a descendant of Revo- lutionary fame. He graduated from Lafay- ette eollege in 1858, previous to which he had learned telegraphy, and after graduat- ing, he aeted as seeretary and treasurer of the old Susquehanna River and North and West Branch Telegraph Company, later merged into the Western Union. Meanwhile he studied law in the office of Edward H. Baldy, Esq., and was admitted to the bar in 1861. Aside from his legal practice, he was identified with large public interests and was especially zealons and successful in his efforts to bring about the location at Dan- ville of the State Hospital for the Insane, of which he is one of the trustees. In 1885 he was admonished by impaired health, result- ing from overwork, to restrict his practice to the management of his own large estate mainly in the neighborhood of Seranton, and the care of a limited number of clients. In 1865 Mr. Grier was married to Miss Emma

W. Porter, daughter of Hon. James M. Por- ter, of Easton.

Hon. Henry M. Hinckley, one of Danville's most eminent and honored attorneys, and ex- judge of Montour county, was born in Har- risburg, Pa., June 2, 1850, where he received his primary education before entering Princeton college from which he graduated in 1874. In addition to his regular college course, he studied the law, and upon his graduation, he returned to Danville and reg- istercd as a student at law in the office of Isaac X. Grier, and was admitted to the Montour county bar in 1875 and to the Su- preme Court three years later. He imme- diately commenced the practice of law with Mr. Grier, which he continued until the latter retired from business, since which time he has been in practice alone and has one of the finest libraries in eastern Pennsyl- vania. He is one of the foremost attorneys of Montour eounty and has a large practice. In 1888 he was appointed to the position of judge by Gov. James A. Beaver.

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THE BENCH AND BAR OF PENNSYLVANIA

SOMERSET COUNTY

BY ERNEST O. KOOSER

INTRODUCTORY.

By Act of assembly approved April 17, 1795, the county of Somerset was formed ont of all that part of Bedford county lying west of the Allegheny mountains and north of the Maryland line. At its western bound- ary it therefore adjoined Fayette and West- moreland counties along the Youghiogheny river and Laurel Hill. At the north it was bounded by Huntingdon county, and em- braced what is now the greater portion of the territory of Cambria county.

Section three of said act provides: "After the fourth Monday in September next, the Court of Common Pleas and General Quarter Sessions of the Peace for said county of Somerset shall be opened and held on the Mondays next following the courts of West- moreland county, at Brunnerstown, in said connty of Somerset, until the court house and gaol shall be erected."

The governor, being authorized by the act, appointed William Findley, John Badollet, John Chambers and Thomas Campbell com- missioners, and A. J. Dallas secretary of a commission to meet at the town of Berlin on the first Monday of September following to view and determine upon the most eligible situation for the county seat, and for erect- ing the public buildings for said county.

The report of the commissioners is dated "Summerset Town (formerly called Bruners- town). September 12, 1795." and represents that they "viewed the county of Summerset, and. taking the center and other important circumstances under view, do unanimously fix on the town of Summerset (formerly called Brunerstown) as a proper place for

the seat of justice of said county." The town of Berlin was a rival for the selection. There still lingers a dim tradition in that neighborhood that the entertainment afford- ed the commissioners at a certain supper in an upper chamber of the house of one Jacob Schneider at Brunerstown on the date of the report had too much to do with the deter- mination of the result of their deliberations. However, the report of the viewers is fully in accord with the facts, and the rumor as to secret influence only shows that the tongue of scandal would not spare a legislative com- mittee even at that early day.

The first "court of general quarter sessions of the peace of the county of Somerset" was held at Somerset on the third Monday (25th day) of December, A. D., 1795, before the IIon. Alexander Addison, president judge; James Wells, Abraham Cable and Ebenezer Griffith, associates; Josiah Espy, clerk. The grand jury qualified as follows: John Wells, foreman; Jacob Hartzell, George Burkher, Jacob Haines, John Miller, William Short, David Work. John Lowry, Joseph Douglas, David Penrod, John Husband, Earnest Ditz, Laurence Oats, Jacob Baker. George Kimmel, Gasper Kittsmiller, Adam Keffer, John Cole- man, Peter Capp, Michael Bruner, Jacob Zimmerman, John Wertz, James Walker, John Nicklow.

The first case entered, No. 1, December Sessions, 1795, is The Commonwealth v. John Linch. Recognizance returned by justice, etc .; James Richey bound in $600 to prose- ente. The charge was larceny of "one bright bay horse of the price of $200." the property of James Richey, stolen between the hours of 12 and 1 o'clock in the morning of May 1,

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1795." Jared Ingersoll, attorney-general. The grand jury found a true bill, and process was awarded, but not served. So far as the record shows, the defendant has not yet been arrested.

The first case tried was that of The Com- monwealth v. Adam Keffer, No. 8, December Sessions, 1795. The grand jury returned a true bill upon an indietment charging that "Adam Keffer, being duly qualified as a grand juror at said sessions, but holding his office in contempt, did, on 22d December, 1795, at the town of Somerset, during the sitting of the said grand inquest upon busi- ness given them in charge, greatly misbehave himself, and abuse the trust and confidence placed in him as a juror, by intoxicating him- self with drinking inmoderate quantities of strong and spiritous liquors, thereby disqual- ifying himself from attending to the duties of a grand juror, to the great obstruction of justice, to the evil example of all others, # and against the peace and dignity of the commonwealth." The defend- ant, being arraigned, pleaded not guilty.

This case is reported by Judge Addison, page 290 of his reports. He writes: "The foreman and others of the grand jury proved the intoxication in a very high degree during the sitting of the grand jury; defendant slept by the fire and could not be roused to do his duty or to answer questions." The quotation from the bill of indietment as it remains on file is eopied more fully here than in the judge's report. If the grand jurors had harkened nuto the admirable charges of Judge Addison, as we find them in an appen- dix to his volume of reports, no eause such as the last deseribed would ever have needed trial. There were eleven indictments at the first sessions : two for lareeny, one for assault and battery, one for drunkenness during service as grand juror, seven for keeping tippling-houses. This first and early deter- mination of the court to stamp out all forms of inebriety may in a considerable measure

explain the orderliness and sobriety that are now conspicuous characteristics of the eiti- zenship of Somerset county.

The first case on the continuance doeket of Somerset county is "Timothy Peaceable, lessee of Nicholas Seidel, v. Thomas Trouble- some, with notiee to John Campbell, tenant in possession ; ejectment writ issued October 20, 1795, to No. 1. December term, 1795, served by Thomas Kennedy, Sheriff." Mor- rison with Riddle appeared for the plaintiff, and Nagle and Young for the defendant.

The first Orphans' Court proceeding re- corded was, on March 21, 1796, the appoint- ment by James Wells and Ebenezer Griffith, associate judges, of Jacob Schmucker, guardian of Solomon Casebeer and Christian Casebeer, being the only action taken by the court at that term.

The first will recorded is that of Herman Husband, in which he divides eleven tracts of land among his children.

The first deed recorded is that of Jacob Keffer and Jacob Glassner to Adam Miller, dated May 3, 1792. It recites a patent grant- ed by the supreme executive couneil April 4, 1786, to Jaeob Keffer and his heirs "in trust for the Lutheran and Calvinists' eongrega- tions in Brothers' Valley township, Bedford county, and for the use of schools for said societies," for a certain tract of land called "Pious Spring," situate on the head spring of Stonycreek, containing forty and one-half aeres, and allowance of six per cent for roads; the eonveyanee of the undivided half of said traet by Keffer to Jacob Glessner in trust for the same uses; and "whereas the Intheran and Calvinist congregations have laid out a town on said traet of land known by the name of Berlin, as by an article made and coneluded between said congregations and plan of the said town regularly marked, ete., will appear, conveys lot No. 56, subject to the yearly rent of one Spanish milled dollar for the use of the Calvinist congre- gations in Brothers' Valley township afore-

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THIE. BENCH AND BAR OF PENNSYLVANIA

said, and for the use of a school or schools for said society."

THE BENCH.

The act of April 17, 1795, erecting the county of Somerset, provided: "The afore- said county of Somerset shall belong to the Fifth district, consisting of the counties of Allegheny, Westmoreland, Fayette and Washington; and the president of the Courts of Common Pleas within said district shall be president of the Courts of Common Pleas of said county."

The judicial system of Pennsylvania had been reorganized under the constitution adopted in 1790; and, by aet of assembly in the year following, the state had been divid- ed into five circuits or judicial districts; and Judge Addison was the first president judge of the Fifth district. As such he became the first president judge of the courts of Somer- set county.

Judge Addison was a native of Seotland, educated at Aberdeen university, and lieensed to preach as a Presbyterian min- ister. Emigrating to Pennsylvania in 1785, directly to Washington county, he was ad- mitted "with some limitation" into the Red- stone presbytery and permitted to preach therein. His first and only charge was at Washington, Pa., and, finding himself un- able to conform to the striet dogma and discipline of the church, he devoted himself to the study of law. "He was an aecom- plished classic scholar and skilled in juris- prudence." It was said of him that "as a judge he was a luminous expositor of the law, prompt, correct, impartial and decisive ; in dispatch of business never surpassed, and from his judgments there never was an appeal."

The bench and bar of Somerset county may feel justly proud that the organization of their courts was under so excellent and honorable a jurist. IIe was a high example. and what has been preserved in writing of

his precepts and thoughts shows that lofty and patriotie and just principles were the motives of his official acts and utterances. Hle was not a resident of Somerset county. and his biography is to be found in another chapter of this volume. However, as the first judge who presided over the courts of Somerset, his name is prominent in the annals of her history. Addison township, one of the largest and most populous of the county, is called after him.

By act of March 15, 1800, Law Book VII, p. 170, a change was made in the ar- rangement of the counties in the Fourth and Fifth judicial districts. Somerset county was taken from the Fifth and added to the Fourth district, composed of the counties of Franklin, Bedford, Huntingdon, Mifflin, Somerset and Centre. Hon. James Riddle of Chambersburg, Pa., president judge of the Fourth district, then succeeded Judge Addison and presided over our courts until 1804. He was a member of a family prom- inent in public affairs for many years in southern Pennsylvania.

Hon. Thomas Cooper succeeded Judge Riddle as president of the courts of the Fourth district. He held our courts at Som- erset until 1806, when a change in the dis- trict was again made. This versatile man, lawyer, publicist, teacher and scientist, was a prominent figure in the history of his day.

By act of February 24, 1806, the state was re-apportioned into judicial distriets; and, it was provided that "the counties of Somer- set, Cambria, Indiana, Armstrong and West- moreland shall be the Tenth." And at the May term, 1806, the Hon. John Young of Greensburg, Pa., then president judge of the Tenth judicial distriet, succeeded Judge Cooper. He presided until November Ses- sions, 1818.

On March 23, 1818, the Fourteenth district was established, to consist of the counties of Washington, Green, Fayette and Somerset. Thomas H. Baird of Washington county was

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commissioned president judge and began his first term of eourt at Somerset in Novem- ber, 1818. He continued as president judge of our county eourts until the creation of the Sixteenth judicial distriet, in the year 1824.

On March 29, 1824, the Sixteenth judicial distriet of Pennsylvania was ereated, eonsist- ing of the counties of Franklin, Bedford and Somerset. Somerset county had been a part of that old distriet from the time of its for- mation until the last remaining county- Bedford-was detached, and the distriet lim- ited to Somerset alone.

On June 8, 1824, Hon. John Tod, of Bed- ford, a native of Conneetieut, was appointed judge; and presided over the courts of Som- erset and the other counties of the distriet from that date until his appointment to the Supreme beneh of the state, May 25, 1827.

Hon. Alexander Thomson of Bedford sue- eeeded Judge Tod. His term of office began in 1827 and continued until the appointment of Judge Blaek in 1842. Judge Thomson afterwards removed to Chambers- burg.

The first resident judge of Somerset eounty was Jeremiah Sullivan Blaek, appointed in 1842, at the age of thirty-one years, by Gov- ernor Porter, in aeeordanee with the eonsti- tution of 1838, to preside over the courts of the several eounties of the Sixteenth dis- triet. This great lawyer beeame not only the proudest produet of his native home, but one of the strongest pillars of the Pennsylvania and of the American beneh and bar. Biogra- phies and histories of his life and career have been written by many different hands, and the works of his own pen are found on many pages of the books and records of the state and nation; so that what follows later in this chapter is but an attempt to repeat in brief outline what through numerous vol- umes may be found in more complete de- tail.

Following Judge Blaek, Hon. Franeis M. Kimmell of Somerset was the next president

judge. Under the amended constitution of 1850 he was elected, in October, 1851, and took up the duties of his office in a few months afterwards. Judge Kimmell was born and lived in Somerset county until the ex- piration of his term of office, when he re- moved to Chambersburg and continued to praetiee there until his death.

Judge James Nill of Chambersburg suc- eceded Judge Kimmel. He was elected in October, 1861, and died in May, 1864.

Hon. Alexander King of Bedford was ap- pointed president judge to fill the vaeaney eaused by the death of Judge Nill in 1864, and in the fall of the same year was elected to the full term. He died in January, 1871.

By aet of assembly approved Mareh 12, 1868, an additional law judge was provided for the Sixteenth distriet. Hon. D. Watson Rowe, of Greeneastle, Franklin county, was, in the same month, appointed to fill the of- fiee; and in the fall was elected for the ten year term. He held courts in the different eounties of the district, ineluding Somer- set, until by aet of April 9, 1874, Franklin, with Fulton county attached, was made the Thirty-ninth judicial distriet, and Judge Rowe commissioned its president judge.

Sueeeeding HIon. Alexander King as presi- dent judge was Judge William M. Hall of Bedford, Pa. Has was appointed February 1, 1871, after the death of Judge King. In the following fall he was elected to the of- fiee. He served out his full ten year term with distinetion and ability. In his volume of "Reminiseenees" is to be found mueh early history and aneedote of interest in this distriet.

Hon. William J. Baer of Somerset eounty was elected president judge of the distriet in November, 1881. He completed the ten years of his term; and his remarkable eareer as lawyer, jurist and man of affairs is here- after made a part of this division of this history.

Judge Jacob H. Longenecker of Bedford

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was the next to fill the office. He was elected in November, 1891, and presided with dig- nity and perspicuity until the expiration of his term.

By the general judicial apportionment of July 18, 1901, Somerset county separately was made the Sixteenth district. In Novem- ber of the same year Hon. Francis J. Kooser, the present president judge, was elected. His biography is contained hereinbelow.

It may be noted that the foregoing names inelude only those of judges, learned in the law, who have been regularly commissioned for the distriet of which this eounty is, or was at the time, a part. Many other judges of other districts have, specially presiding, held courts here. Justices of the Supreme court, viz. : Chief Justice Tilghman, and Jus- tiees Yeates, Smith, Breekenridge and Ross have also, during the few years periods in which the Cireuit eourt aets were in foree, presided at Somerset. But the biographies of these are not considered as properly belong- ing within the limits of this ehapter.

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The twentieth century bench and bar of Pennsylvania, volume II, Part 82

Author: Publication date: 1903 Publisher: Chicago, H. C. Cooper, jr., bro. & co. Number of Pages: 1180

Author:
Publication date: 1903
Publisher: Chicago, H. C. Cooper, jr., bro. & co.
Number of Pages: 1180