The twentieth century bench and bar of Pennsylvania, volume II, Part 84

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


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His children were Mary, married to Judge Blaek; Phoebe to Judge Kimmell; Ross, formerly a member of the loeal bar, and sketeh of whose life appears in this chapter ; Harriet, wife of A. J. Ogle; Walter, who was admitted to the bar at Somerset, and afterwards removed to California; Rebeeea; Chauneey, a physician, who died at Roek- wood, Pa .; Blair, Anna. wife of Judge Cooper of Minnesota; and Virginia.


Chauneey Forward was a man of eduea- tion and culture, of ability undoubtedly of the first order; gentlemanly in manner, and


Chaiway Forward


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fair in his transactions with his fellowmen; a man of peace, seeking no controversy, but avoiding no issue; clear and truc in thought, and an eloquent speaker he left a deep and lasting impression upon the minds of those who listened to his words. His legal argu- ment and trial tactics were of the penetrat- ing and luminous rather than storming and heated style, and never failed in interest and effectiveness. He was helpful and kindly in nature. The predominant sentiment of his life was religious; and all his acts, practices, and professional career were underlaid with that strong motive. In 1829 he became a member of the Disciples or Christian Church at Somerset; and for the balance of his life was one of its leading spirits, giving much of his time and talents to its advancement.


In his carlier life he was an active member of the Masonic fraternity. During the fierce anti-Masonry agitation of a later day the propriety of his connection with that body was the subject of passionate controversy. Considering his attachment to his church as demanding his first loyalty, he withdrew from the local lodge, but would never de- nounce the system, maintaining to the last that it was grounded upon good and proper principles. The question of sceret societies, simple as it seems to-day, and this man, inoffensive as he was known to be, were nevertheless the center of political agitation at that time the most intense and far reach- ing the county had yet known.


Judge Black profoundly venerated the memory of Chauncey Forward; and, in his later years, said of him and of Charles Ogle, the competitor of both at the Somerset bar: "I have never, in my relations with the men of great reputation in this country, met the superior, nor can I now name the peer of either of these men as lawyers."


The biographics of Chauncey Forward and Charles Ogle are naturally companion pieces. Of about the same age, admitted to the bar at about the same period and practicing law


together throughout their days, their lives were placed in much the same setting. Both skilled advocates and strong lawyers, they were colleagues and yet rivals during all their careers. Both popular-Forward from high principles and just and fair behavior; Ogle from force of character and genial, gen- crous companionship; both politicians-For- ward a Democrat, Ogle a Whig; both promi- nent in the secret society controversy of their times-Forward a Mason, Ogle a rad- ical anti-Mason; both members of the same church and ardent in its support; both suc- cessful in business affairs; and in profes- sional life, both claimants upon the leader- ship of the bar; they continued that contest until, together, each in the midst of his suc- cess, stepped into the vale of shadows. Chauncey Forward died of typhoid fever, in October, 1839, at the age of forty-four, and Charles Ogle less than two years later at the age of forty-three. With all their rivalry their mutual friendship and respect was nev- er shaken. It is related that Charles Ogle fainted with emotion on being called as a brother to the bedside of his dying com- panion.


Charles Ogle was born at Somerset, Pa., in 1798. From his youth Charles Ogle was educated for the bar, and early developed those abilities that indicated his training had not been in vain. He became an eminent and successful lawyer; as an ad- vocate he had few equals, and as a stump speaker he had no superiors in his day. He represented his district in the Twenty-fifth and Twenty-seventh Congresses, and died in May, 1841, having been elected to the ses- sion to convene in December following.


His oratory was of the vehement style ; and the vigor and fluency with which he made his points, and the strong grasp and orderly handling of his subject were the notable characteristics of his argument. He met with unusual success financially in the prac- tice of his profession. He had good business


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qualifications. The decd records of Somer- sct county show that at one time or other during his life he had title to between thirty- three and thirty-four thousand aeres of land in this eounty alone, and he was largely in- terested in other business enterprises at dif- ferent places in the state. At the time of his death his estate was probably the greatest that had, up to that time, been aceumulated by any individual resident of this eounty.


A speech of Mr. Ogle on the "Regal Splendor of the President's Palace," de- livered in the House of Representatives on April 14, 1840, and the days following, was published in pamphlet form and seattered broadcast over the country during the eam- paign that resulted in the elcetion of Presi- dent William H. Harrison, under the log eabin and hard cider slogan. The remarks were made on his motion to strike out from the eivil appropriation bill the clause for al- terations and repairs of the President's house and furniture, ete. Some bricf extracts are made to show the nature of that address :


"Although I have a peculiar disenehant- ment to diseuss on this floor topics which have an appearance of involving personal, rather than political considerations, still I am constrained by a sense of duty to offer some remarks in relation to the incidental revenues-the annual profits and expendi- tures of the President of the United States -the magnificent splendor of his palace and the pompous eercmonials that hold sway at his Republiean court and which are by many well-meaning people imagined to be equally indispensable to preserve the dignity of a Democratic chief magistrate as of the despot on a throne. You doubtless will remember the voluminous reports and the indignant denuneiations on the fruitful themes of ex- travaganee and aristocracy that were spread before the country by the renowned cham- pions of economy in both houses of Congress during the never-to-be-forgotten winter of 1827-28. All these solemn exhortations were


but the harbinger of the memorable era of reform then about overtaking the adminis- tration in its supposed headlong departure from pure principles of the frugal, simple, democratic days of the fathers of the repub- lic. The pruning hook of retrenehment was about to lop off all superfluous expenditure. The hickory broom was to be introduced in order to scrub away the filthy eobwebs of aristocracy then believed to be in process of weaving within the very precincts of the palace itself. The reformers attained to the full enjoyment of the powers of the govern- ment in March, 1829; and here, Mr. Chair- man, I almost feel inelined to resume my chair a few moments until we may all eontemplate in silent admiration the strange result of that most unique system of reformation, which had the omnific words 'retrenchment and reform' inscribed on its flaunting ban- ner. A reformation that so faithfully per- severcd in encouraging retrenehment until the annual expenditures of the government have been reduced from the enormously prodigal amount of thirteen million dollars to the trifling sum of thirty-nine million dol- lars, and a most rigid economy in every branch of the publie service has been rigor. ously enforeed, aeeording to the new rule."


Quoting from a description of the East Room of the White House contained in the United States Telegraph :


"I ask you whether in furnishing the East Room, with all its gilded eagles, gilded stars, gilded rays, gilded slabs, gorgeous drapery and dazzling foreign orna- ments, a due regard has been paid to the sim- plicity and purity of our institutions or to the frugal, plain, unostentatious and repub- lican character of our people, who are repre- sented in it. On the contrary, does not all this glittering display of costly finery, this blinding our eyes with the blaze of royal magificence, approximate too closely to the pride, pomp and grandeur of those govern- ments in which stars and garters and shin-


CHARLES OGLE.


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" ing coronets eonfer not only the means of luxurious enjoyment, but of civil superior- ity?"


In this strain the President's furniture, the silk tassles, galloon, gimp and satin me- dallions, silk-corded pillows, foot stools, ta- bourcts of the "Blue Elliptical Saloon," in former times known as the "Green Cireular Parlor," were taken up; their prices from official vouchers and their uses and purposes disclosed. In speaking of the tabouret, he continues: "But suppose some plain, hon- est Republican 'Sucker' from the prairies of Illinois should ask what sort of animals these tabourets are. I will endeavor to tell him, for I have lately given some little attention to this curious department of natural history. The tabouret is an article of furniture, which, in Europe and Asia, is only to be met with in the richest saloons of monarchs." Reading from the London edition of "France, its king, court and government." "Under the ancient regime, the right to have both folding doors thrown open, or to sit upon a tabouret, which is a cushioned stool, was one of the greatest honors a subject could aspire to, and excited more sensation than many a political event effecting the prosperity of the kingdom."


In speaking of the three window curtains bought by our Democratic president for the Blue Elliptical Saloon-just four hundred thirty-five ad 83-100 dollars apiece, he con- tinucs : "Why, sir, that sum would build three or four comfortable log cabins and fur- nish them all completely; and would also leave a few dollars besides to treat the folks who came to the 'raisin'' with as much hard cider as they could stow away under the belts of their linsey-woolsey hunting shirts."


Alluding to an item in the abstract of pay- ments made under the appropriation act of 1837, twenty thousand dollars, for furniture of the President's house, he quotes :


"For gold leaf and gilding materials, la-


bor and expenses to President's house two thousand dollars," and continues: "Do you suppose, Mr. Chairman, that a plain unso- phisticated locofoco can stand this? Will he agree that Martin Van Buren acted fairly by paying out money which had been appropri- ated by law for furniture, in buying gold leaf and gilding materials, and calling them furniture? The genuine locofoco is too hon- est for that. Some few may, perhaps, be per- suaded to admit that silk tassles and rosettes are part and parcel of an orthodox Demo- cratic household furniture; but I aver that the application of redhot pincers, thumb screws, racks, gibbets, bowstrings, chains and molten lead cannot induce one of them to acknowledge that gold leaf and gilding material may be legitimately inserted in the same schedule."


"There are twelve commodious apartments on the second floor of the palace-one of which is occupied by the President as an of- fice. The term 'office,' however, has been prescribed by the court circulars as a vulgar noun, and hence the office room is designated at the palace by the high sounding name of 'the President's audience chamber.'


"And now I have in my hands 'the official vouchers' that show the expenditure of $11, 191.32 of the people's cash to buy table fur- niture." Enumerates: "The dessert set, blue and gold, with eagles, composed of 412 pieces, including six stands for bonbons. with three stages ; cight Tambours, with three stages; twelve sweetmeat compotiers, on feet ; six large fruit baskets, on feet, etc.


"Mr. Chairman, don't you think that one of your plain Republican 'Suckers' would feel 'kinder queer like' to be placed at the President's table before these Democratic 'Tambours, with three stages and compotiers on fect?' I have no doubt that some of my constituents would much rather face a griz- zly bear on the Appalachian Mountains, than sit down before these 'Tambours, with three stages, and compotiers, on fect' for five con-


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secutive hours, the period usually required by kings and Democratie presidents to masti- cate a state dinner."


The speaker concluded that he is "unwill- ing to grant the appropriation because the money may be expended in the crection of a throne and purchase of crown, diadem and scepter, with as little impropriety as former appropriations for alterations and repairs of the President's house have been expended. Because the individual who now occupies the mansion might suggest such alterations and repairs as would not incet the views of the gentleman who will occupy the same after the fourth of March next. Also because the furnishing of the White House since the ae- cession of General Jackson has cost the peo- ple of the United States $70,680, and the pal- ace grounds during the same period, $88,- 722.58. And because he does not think the people want any more slippery elms on the President's grounds, and they had rather see a good row of buckeyes."


The presidential campaign that followed in the fall of 1840 was one of the most cxeit- ing political contests that the country had ever known. Public meetings, speech mak- ing, pamphleteering, parading, organizing and other partisan efforts had never before reached to such a degree of intensity. In the previous presidential campaign Van Buren and Harrison had been opposing can- didates, and Van Buren elected. But in the fall of 1840 the popular judgment was re- versed and General Harrison elected, chang- ing the majorities from Democratic to Whig, in the county, in the state and in the nation. It is said that this address of Charles Ogle was one of the potent factors in achiev- ing that result. Charles Ogle was returned to Congress at that election, but before tak- ing his oath of office died from a disease contracted in the exposure of that cam- paign.


Abraham Morrison may be regarded as the patriarch of the Somerset County Bar.


IIc was admitted at the first term, was con- eerned in the trial of the first case, and remained in active and successful practice here, from that time until his retirement in 1833 at an advanced age. He was the first clerk to the County Commissioners', was County Treasurer nine years, Prothonotary and Clerk of Courts six years, and Register of Wills and Recorder of Deeds three years. The early records of the county show that he appeared in a large proportion of the cases docketed. His practice must have been lucrative, for he accumulated a consid- erable estate. He resided on the corner opposite the Court House, now occupied by the First National Bank of Somerset: and owned the lots of ground adjoining Main Cross street immediately west of the Court House. His wife was Mary Schwartz, of Berlin, Somerset county, Pa. Together, or rather she first, and he following, they were among the founders of the Christian Church at Somerset. While possibly not a man of exceptionally brilliant attainments, Abraham Morrison must have had recognized and substantial ability and work. He is remem- bered by persons still living here as rather austere in manner, but deserving and en- joying the respect of a large acquaintance- ship. He removed to Johnstown in 1833, and died in that city.


Joseph Vickroy was born June 22, 1780, at Allum Bank, in Bedford county. He was the son of Thomas Vickroy, a surveyor who assisted in laying out the first plot of the city of Pittsburgh. His mother was Eliza- beth Frances Williams. He had the advant- age of a good education, was admitted to the bar in Bedford county, and at Somerset. at the first term of our court, December, 1795. He practiced law here for a number of years, and was also engaged in this coun- ty, for a time, in the management of Shade Iron Furnace, for his father, who established that enterprise. He was a colonel of the mili- tia. He died of typhus fever on his way to


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Natchez, Mississippi, about the year 1812 or 1813. He was never married, but a number of his relatives still reside in Bedford conn- ty, and at Johnstown, Pa. A number of the Vickroys have been surveyors. His father, Thomas Viekroy, and his unele, Nathan Vickroy, took up large quantities of vacant land in the northern part of Somerset county.


Joseph Weigley removed from Somerset prior to the year 1852. He was an excellent attorney and a good citizen.


Otho Shrader was a Welshman by birth and became a naturalized citizen' while a resident of Somerset. He continued here a number of years, meanwhile holding a num- ber of county offices: county commission- ers' clerk four years, prothonotary and clerk of courts two years; register and re- corder five years.


Josiah Espy was a member of the family by that name prominent in the early history of Bedford county. He was a surveyor; and made the town plot of the borough of Somerset, when it was laid off as the county- seat. He was the first prothonotary and clerk of courts, register and recorder five years; and the first county treasurer six years. The records of these officers were begun, and the books opened under his administration. Volume 1 of the deed records of Somerset county is one of the best examples of penmanship that our records afford. The copying is done in a bold, clear, regular hand; and the finished pages of the work have almost the regu- larity of an engraving.


James Carson also removed to Somerset from Bedford county where he had been a practicing attorney for some years before. He was admitted at Somerset in 1804, and lived here for many years.


William H. Postlethwaite, came to Somer- set from Westmoreland county; was ad- mitted to the bar here in 1826, and practiced law in these courts for over fifty years. He


was married to Jane Carson, daughter of James Carson. Mr. Postlethwaite died at an advanced age in the year 1879, and his wife survived him a number of years. One son, James Carson Postlethwaite, was afterwards admitted to the bar at Somerset in 1867. William H. Postlethwaite was twice Prothon- otary and clerk of courts, and during two terms clerk to the county commisioners. He was elected district attorney in 1862. He was a gentleman highly esteemed for his high character and Christian virtues; and he was an elder in his church for many years.


Moses Hampton came to Somerset from Uniontown, Pa., and was admitted to the bar here. He was prothonotary and clerk of the courts in 1836. After prac- tieing law for some years at Somerset and attaining to prominent position in his profession here, he removed to Pittsburgh. There he became one of the leaders of the Allegheny county bar, and was president judge of their county courts for a number of years, and died in that city.


Darwin Phelps was one of the members of the bar in the early thirties. He studied law under Chauncey Forward and several years after his admision here, located at Kittanning, Pa. He represented that dis- triet in Congress for a number of years.


Andrew Jackson Ogle. The subject of this sketelı, the Hon. Andrew Jackson Ogle, was born at Somerset, Pa., on March 24, 1822. His parents were General Alexander Ogle, Jr., and Charlotte (nee Schneider) Ogle. His grandfather was General Alexander Ogle, one of the early settlers of Somerset county, having migrated from Frederick county, Maryland, before the formation of Somerset county out of part of Bedford. General Alex- ander Ogle was in many respects a most re- markable man and was known in public life as prothonotary, recorder, member of tlie legislature, state senator, major general of state militia, and in Congress covering a


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period of a long number of years, in which he was, according to his biographer, Dr. Wil- liam Elder, "the great man of his eommu- nity," then, of course, a baekwoods country.


General Alexander Ogle, Jr., the father of A. J. Ogle, was also a publie man, having served as prothonotary, reeorder, etc., and as a member of the legislature; he was also prominent in military affairs as captain of the Independent Blues and brigadier general of the militia of his distriet. He never took rank, however, with his father or with his brother, the Hon. Charles Ogle, whose biog- raphy appears elsewhere in this history.


Raised in such an atmosphere it was most natural for young "Jack" Ogle to drift into politieal life, and at twenty-three years of age, in 1845, we find him elected as prothono- tary of the Court of Common Pleas then pre- sided over by his brother-in-law, the Hon. Jeremiah S. Blaek. In 1848 he was elected as a member of the Thirty-first Congress, de- feating his Democratic competitor, the Hon. John L. Dawson of Fayette county, who in turn, in 1850, defeated Mr. Ogle.


Mr. Ogle was a eaptivating publie speaker and a man of attractive personality. Gen. W. H. Koontz of Somerset has repeatedly told the writer that three of the most dis- tinguished and remarkable looking men he ever saw together were, in company with Gen. Zachary Taylor, Governor William F. Johnston, Gen. A. L. Russel, secretary of the Commonwealth of Pennsylvania, and Jaek Ogle, as they stood on the public square of the town of Somerset after the campaign of 1848, when Taylor was elected President, Johnston governor and Ogle to Congress.


Mr. Ogle did not live in the days of the stenographer, consequently none of his specches has been preserved in print. They remain now only as a recollection to our older and as traditions to our younger men. After the expiration of his term in Congress he was appointed charge d'affaires to Den- mark, but this offiee he never filled. He died


October 14, 1852, from a stroke of apoplexy amid universal sorrow and mourned by all who knew him. He left to survive him his widow, Harriet Forward; one daughter, Maud, now the wife of Hon. Francis J. Koo- ser, president judge of the Somerset district ; Lieut. Alex. Ogle of the United States army, who died in 1891, and John G. Ogle of the Somerset bar.


The late Judge William M. Hall of Bed- ford, in his book of reminiscences writes of him as follows:


"When Jaek Ogle made his first appear- ance in 'Bedford, at the age of twenty-five, in the year 1847, he was the handsomest man I ever saw. With a magnificent licad, erowned by a wealth of brown hair that needed no barber's art, but lay in graceful masses as he thrust it baek from his brow with a careless rub of his hand, and the throat and neek of a chiseled statue exposed to view by a low eollar turned down over a flowing black silk neektie, and large blue eyes sparkling with vitality, and a complex- ion aglow with health, with an ereet figure of perfeet proportions and a carriage of easy graee as he passed along the street, walking upon the carth as if he owned it, no man, woman or ehild eould help observing him. If he had landed unheralded and unknown in any village of the United States from Maine to Texas he would have attracted immediate and general attention by his appearance, bearing and conversation, and in a day's time would have had ardent admirers and devoted friends. He eame to assist in the trial of the cases in the Court of Quarter Sessions of August, 1847, between the fam- ilies of Reed and Colvin that sprung from the marriage of Reuben Colvin to Miss Reed, which stirred the village of Schellsburg from center to circumference. His voice was clear, full, sonorous harmony: and his laugh was liquid musie. I reeall my feelings as I saw him for the first time. He was walking alone, a manifest stranger taking a stroll of obser-


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- vation through our ancient village in which he was making his first appearance. My first feeling was one of pure admiration commingled with a desire to know who he was. He looked like a living Apollo. I was a young man three or four years his junior and was reading law. I must confess to a tinge of envy as I realized his magnifieent superiority.


"He was elected to the Thirty-first Con- gress from the distriet composed of Somerset, Fayette and Green, with a large political ma- jority against him, and he died of apoplexy in his thirtieth year. The news of his death fell like the shock of an unexpected blow and brought sorrow and regret to thousands. That so much of manly beauty should die and be no more on earth forever was a great grief. Men, gray with age, and not wont to be lightly moved, were dissolved in tears as they heard the announcement, "Jaek Ogle is dead!" And turned aside to eoneeal the moisture that welled unbidden to the eye and triekled down the cheek."


Samuel W. Pierson praetieed law at Som- erset from the time of his admission in 1835. He subsequently held government appoint- ments at Washington until the time of his death. He was full of humor and genial, perhaps somewhat erratic, a clever brother of the profession. He held the offiees of pro- thonotary and clerk of courts and eommis- sioners' elerk at Somerset. He died at Buekstown, Somerset county in the early eighties.




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