The twentieth century bench and bar of Pennsylvania, volume II, Part 85

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

USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume II > Part 85

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

Samuel Gaither was born in Washington county, Maryland, in 1806. IIe read law un- der Hon. Moses Hampton at Somerset and was admitted to the bar in 1838. He was deputy attorney general for Somerset eoun- ty for two terms. He edited the Wash- ington Star at Beaver, Pa., in the years 1852 and 1853; and for a short period prae- tieed law in the State of Illinois. At one time was in partnership with Ross Forward, under the firm name of Forward & Gaither.

Fours of his sons, O. H., Charles A., James B., and Paul H. Gaither, were achmitted to the bar of this county. All have died or removed from Somerset. Samnel Gaither was a man of sterling integrity, literary taste, and maintained the highest traditions of the bar for honor and fidelity. He was a man of undemonstrative nature, but held well the friends he made.

Hon. Francis M. Kimmell was born in Som- erset county in 1816. Studied law with Hon. Jeremiah S. Blaek, and was admitted to the bar in 1839. In 1850 he became president judge of the Sixteenth district and remained on the bench till 1861.

Judge Kimmnell was an omnivorous reader, and a speaker of unusual flueney. Ilis sen- tences came readily, and were turned with so easy graee that his argument seemed inspired with the same delight a trained athlete might have in going through his ex- ereise. Being of great size physically, and of ruddy health, he was an attractive man on first sight. It is possibly true that the gifts of his mind might have yielded even greater suceess if employed in polities rather than in law; or as a stump speaker his strength showed to great advantage. How- ever, law was his ehosen profession, and he would depart from it for nothing else.

Of his brothers, Oliver Kimmell is at pres- ent the oldest member of the bar at Somer- set. Edmund M. Kimmell and Charles A. Kimmell, Esq., an associate judge, both of Somerset, were also brothers.

Judge Kimmell, soon after the expiration of his term of offiee as president judge, re- moved to Chambersburg. Franklin county, Pa., then with Son erset eounty, composing a part of the 16th judicial district. How- ever, he maintained an offiee here in part- nership with Hon. A. J. Colborn, until the year 1874. He died at Chambersburg.

Samuel G. Bailey was a native of New Hampshire and an early friend and neighbor of President Pierce. After residing here for

1184

THE BENCH AND BAR OF PENNSYLVANIA

many years and serving as deputy attorney general, he removed to the eity of Alton, Ill., where he died.

Hon. Joseph Williams also came from Uniontown. He was a popular advocate and an able lawyer. He was a man of great ver- satility. "A wonderful man," says an old friend, "one who could do almost anything; an aeeomplished musieian and withal some- thing of a poet." It is related of him that on one oceasion being in New York, and learning that his old friend and eontempo- rary, Judge Black, was in the eity, started out to find him. After a protraeted seareh he learned that the judge was at the St. Nicholas. Mr. Black was out at the time, and Williams left his card, on which he in- scribed the following extempore verse :

"Oh Jerry, dear Jerry, I've found you at last,

And memory, burdened with seenes of the past,

Returns to old Somerset's mountains and snow,

When you was but Jerry and I was but Joe. "

He removed to Iowa, where he became chief justice. He also prepared a eode for that state.

Col. John R. Edie was born in Adams county, Pennsylvania, January 14, 1814. He was educated at Gettysburg, and the United States Military academy at West Point, N. Y. During the year 1836 he served with a state (Pennsylvania) engineer party, under the direction of Benjamin Ayerigg. He soon after eommeneed the study of law at Gettys- burg, in the office of Hon. James Cooper, but a removal to Somerset in 1838 necessitated the completion of his law studies in the of- fice of Samuel W. Pearson, Esq., of the lat- ter plaee. On April 28, 1840, he was ad- mitted a member of the Somerset eounty bar. In 1845 he was elected to represent this

county in the state legislature for one year, and was re-elected to the same position in 1846. The following year he was appointed deputy attorney general and in 1850 he be- came the first distriet attorney of the county by election. At the expiration of that term, or in 1854, he was chosen to represent this congressional district in the House of Repre- sentatives, a position to which he was re- clected in 1856. Soon after the outbreak of the war of the rebellion he tendered his ser- viees to the general government, and on May 14, 1861, was commissioned major of the Fifteenth United States infantry. He was promoted to the rank of lieutenant-eolonel in 1863 and performed serviees with the Fif- teenth and Eighth United States infantry until January, 1871, when he was honorably discharged. He then resumed the practice of law in Somerset, where he resided until his death.

Col. Edie came of a line of military an- cestors. His grandfather was a colonel in the Revolution and his father an officer in the war of 1812. His son Rufus was a major in the United States army when he died, and a grandson, John Rufus Edie, is at present a lieutenant in the United States navy.

Hon. William J. Baer was born at Berlin, Somerset county, Pennsylvania, January 20, 1826. At the early age of twelve years he removed with his parents from the town to the country, and there he spent his boyhood days upon the farm. He did not, however, like Webster, when told to hang his seythe, hang it upon a trec, but swung it as other laborers did when called upon to cut a fair swath in an open field. His father, Solomon Baer, was a prominent citizen of Somerset county, and died at an advanced age, high- ly respected and esteemed by all who knew him. Mr. Baer received his early edu- eation in the common sehools of the eounty. He was a regular attendant at these in the locality where he lived; but they afforded comparatively limited opportunities for

1185

SOMERSET COUNTY

study, as neither the elassics, nor even the higher branches of an English edueation were preseribed in the course on instruetion. Before coming of age he taught sehool for two terms, and again engaged in teaching for one year after he had attained his majority. During these periods he diligently availed himself of all the means of improvement within his reaeh, and thus added continually to his early stock of knowledge. For two years he served as clerk in a country store at a meager salary. Subsequently he began his academic studies as a student at Marshall college, then located at Mereersburg. His stay at this institution was comparatively brief. Home duties and life's immediate de- mands ealled him to the eonfliet before he was graduated and had received a diploma.

After leaving college his name was regis- tered as a law student in the office of IIon. F. M. Kimmiell, with whom he continued to read until May 7, 1849; when, upon examination, he was admitted to praetiee in the several eourts of Somerset county. The very eredit- able examination which he passed indieated the careful manner in which he had read and qualified. He read deeply, reasoned ac- curately, and remembered all he read that was worth remembering.

After his admission he entered into part- nership with his preceptor, and continued with him until the latter's eleetion to the judgeship. Thereafter, until the admissions of his brothers to the bar, he continued the practice of the law alone. It was doubt- less at this period of his professional life that he suffered the severest test of self-relianee. The Somerset eounty bar, at that time-as it has always been sinee-stood confessedly high in western Pennsylvania. In its past and present history it presents the names of many men who have well earned state and na- tional reputations. To attain a foremost rank among a coterie of advocates and counselors of sneh able eapacity and thoughtful erudi- tion as these, would have seemed to one of less

hopeful disposition a herculean task. But he had been an observant student, was endowed with a comprehensive and analytical turn of mind, eould comprehend principles and make application of laws and facts - qualities always sure to make him formidable in the eanse. A well-directed ambition and untiring energy are the tools with which he worked out his sueeess. He had a most accurate pereeption of the bearing of all testimony offered, and rare powers for the examination and eross-examination of witnesses. On the trial of eauses at our bar, he has made some of the most searching and annihilating eross- examinations ever heard here. Ilis clear, strong voiee, plain statement of fact, ready knowledge of the law, and logical reasoning made him a powerful advocate before either judge, jury or public. Judge Baer came of a German aneestry and by diligent study made himself master of that language, so that he eould write and speak it with ease and fluency ; and this accomplishment is of great praetieal benefit in his county. As a citizen, Judge Baer has always enjoyed the highest respeet of his acquaintances, and has been foremost in our publie enterprises. He has contributed liberally of his means, and is justly aeeounted and valued a generous and publie-spirited man. He has taken active interest in all edneational endeavors. He has been, sinee youth, one of the leading members of the Reformed Church at Somer- set.

In polities he was a pronouneed Demoerat, without being a demagogue. He never stooped to politieal triekery to seeure votes ; he was never an offiee seeker, though he was on several oeeasions a candidate. His un- bounded popularity always brought to his support hosts of friends from the ranks of the opposition, and he always lead his tieket. In 1872 he was elected a Demoeratie delegate from his district to the constitutional eon- vention that sat in Philadelphia the follow- ing year and framed the present constitution

1186

THE BENCH AND BAR OF PENNSYLVANIA

of Pennsylvania. In this seleet assembly of law makers he rendered valuable service as a working member, and ranked high as a ready and logical reasoner upon all the sub- jects involving questions of constitutional law. In 1881 he was placed in nomination as the Democratic eandidate for president judge. The district was very largely, indeed almost hopelessly, Republican. Hon. John Cessna, a distinguished lawyer of Bedford, was chosen by the Republicans as their ju- dicial standard bearer. His acknowledged legal ability, extensive professional experi- ence, long familiarity with all the minutiæ of practical politics, and untiring energy made him a most formidable opponent.

Mr. Cessna was generally believed by his party to be invincible, and the election of Judge Baer was searcely looked for by the Democrats. Yet the Republican majority in his own eounty was so greatly reduced, and his own vote so large, that his election was secured to the surprise of his most sanguine friends. On the first Monday of January, 1882, he was sworn into offiee.

Judge Baer com'e to the bench after a long experience as a suecessful barrister, familiar with the routine of a general practice and well informed upon the deeisions of the high- er courts. He discharged his duties, un- awed by fear and unscdueed by affcetion. with no guides but the truth and the law. and with naught but honorable mention from friend and adversary alike. While he was firmn, dignified and decided in his official position, he laid aside the ermine when he left the bench; and, so far from putting on the airs of titled dignitary or assuming the role of an aristocrat, he moved among them as one who really "loves his fellow men." After leaving the beneh he resumed the prac- tice of his profession at Somerset where he still resides.

Judge Baer was the moving spirit in the organization of many of the leading enter- prises of Somerset county. He organized the

Keystone Coal Company, the Listie Mining and Manufacturing Company, and founded the Reading Iron Company's mining opera- tions in Somerset county, of which his brotli- er, Hon. George F. Baer of Reading, Pa., is president. IIc established the borough of Ursina, and organized the Buffalo Valley, Blue Lick, and North Fork mineral land companies. He was president of the Somer- set & Mineral Point Railroad Company, a branch of the Pittsburgh & Connellsville, and the first railroad to enter the town of Somerset. He developed the Ashtola timber lands, built the Somerset Mechanical Works, and a number of business houses in Somer- set, among others the Baer Block, on the Diamond,-perhaps the best building in the town. The deed records show that at various times he has held title to over eighty-nine thousand acres of land in Somerset county. Judge Baer never failed to take a deep inter- est in any enterprise that he believed was substantial, and that would be of benefit to the community in which he lived; and it is commonly said that no other man in Somer- set has done so much for the promotion of public improvements, and for the develop- ment of the resources of this eounty.

Hon. William Henry Koontz, ex-member of Congress from the Sixteenth district, was born on July 15, 1830, in Somerset, Somerset county, Pennsylvania. His grandfather, Samuel, came from Lancaster county and was one of the early settlers of Somerset. Mr. Koontz's father, Jacob, was a farmer. The family has thus been closely identificck with the place for many years. After receiv- ing a common school education, Mr. Koontz studied law with Forward & Stutzman. He was admitted to practice in 1851. In 1853 he was elected district attorney of Somerset county on the Whig ticket. In 1857 he was nominated for the state senate, but made an unsuccessful run owing to politieal complica- tions of loeal character. In 1860 he was a delegate to the national Republican conven-

W. J. BAER.

1187

SOMERSET COUNTY

tion at Chicago, and was one of the first to cast his vote for Lineoln. In 1860 he was eleeted prothonotary of the county and served for three years. Since then he has taken a very active part in county, state and national polities. In 1864 he was elected to Congress from the Sixteenth distriet, com- prising the counties of Somerset, Bedford, Fulton, Franklin and Adams. He made a inost capable official and was re-elected in 1866. During this period he was a member of the house committee on the Distriet of Columbia and expenditures of the interior department. Mr. Koontz's serviees in the work of reconstruction of the Thirty-ninth and Fortieth Congresses were of great value to the country at large. In the "History of the Reconstruction Measures," Viee Presi- dent Wilson remarks eoneerning this gentle- man: "Mr. Koontz, of Pennsylvania, was for the protection of the people of the South who had been true to the Union, without re- gard to raee or color." " He also quotes the following from the speech delivered by Mr. Koontz: "The great duty rests upon us to finish the work which has not been finished by warfare. The shaekles of four millions of slaves were melted by the fieree fires of Civil war; but the animus of slavery, its passions and prejudiees yet remain. It is our duty so to legislate as to remove the last relie of a barbarism that would have suited the dark ages; to eonform our institutions to the ad- vaneed condition which will have been brought about by the revolution just ended ; and when this shall be done, the great re- publie, freed from the dark stain of human slavery, will start upon her mission to pro- mulgate by precept and example the im- mutable and eternal truth of the equality of men, and before whose resistless mareh king- doms and powers, and all systems built upon easte and ereed for the oppression of men. will be wiped from the face of the earth and known no more for ever." Mr. Koontz also spoke with great foree in favor of the resolu-

tions for the relief of the destitute of the South. On the death of Hon. Thaddeus Stev- ens he delivered in the House of Representa- tives an address commemorative of the great publie serviees of that distinguished states- man. He also took a conspicuous part in the measures eonneeted with the impeachment of Andrew Johnson. The Supplementary Re- construction Bill also received a large share of his attention. Mr. Koontz has earned the reputation of being one of the elearest pub- lie speakers in western Pennsylvania. He re- ceived many compliments in Congress for his publie addresses, and many of his speeches on other subjects possess high literary merit.

Ilis labors during political eampaigns have been of great value to his party. In 1875 he spoke in the Ohio eanvass. During the following year he stumped Pennsylvania, Ohio and Maryland. During the Garfield eampaign he delivered addresses in Pennsyl- vania and Maryland. In 1884 he spoke throughout a large portion of Pennsylvania and delivered addresses in Maryland as well. In 1887 he spoke in Ohio. Mr. Koontz was a delegate to the state convention that nom- inated Geary for governor. In 1880 he was a member of the convention that selected the delegates to Chicago. Although a Repub- liean, Mr. Koontz has been an independent thinker, consistent and unswerving in his adherence to what he has considered the principles of true statesmanship. Upon the death of President Garfield he delivered at the Diseiples ehureh at Somerset a masterly eulogy on his life and services. His eonnec- tion with important trials has been eonstant sinee his admission to the bar. He was en- gaged for the defense in the trial of the Niecly brothers at Somerset, and this eontest, it will be remembered, lasted about two years. In eonneetion with his associate counsel he earried that ease to the Supreme court and to the board of pardons. Before the last body he made an argument, and the portion relating to the power of the board has sinee

1188

THE BENCH AND BAR OF PENNSYLVANIA

been much commented upon and quoted by the bar of the state.

General Koontz has been engaged as coun- sel in a number of other noted capital cases, among others, Hoffman, Miller, Fuher, the Roddys, and Lehr. He is vice president of the Somerset County National Bank, and director of the Pittsburgh & Connellsville. Somerset & Cambria, Berlin Branch, Salis- bury Branch, and Quemahoning Branch rail- roads, and eounsel for a number of the larg- est coal companies operating in Somerset county.

General Koontz, notwithstanding the utmost opposition of a strong local organi- zation, was recently elected to two terms in the State Assembly, 1899-1902. In his first term he introduced the resolution providing for, and was made a member of the com- mittee of investigation into the charges of bribery made against a number of the mem- bers of the legislature. The work of that committee was one of the features of that session ; and, it is said, in consequence there- of, the legislative work for the balanee of the term was more free from scandal than had been the ease for many years. At the follow- ing session he was nominated for speaker of the house; and, after one of the most excit- ing political eontests in the history of the legislature, he was defeated by one vote. He was opposed at the time by the State or- ganization under the leadership of Senator Matthew S. Quay; and, in the contest, the senior senator of Pennsylvania came the nearest he has been to overthrow in the many years of his eontrol of Pennsylvania politics.

General Koontz is a public-spirited citizen in its best sense. He is liberal in his encour- agement of all proper enterprises, fair and honorable in his relations with his fellow members of the bar, and has eneouraged and assisted many young men who have felt the need of help stronger than their own. While not of an antagonistic disposition, he is in- dependent in the support of principles he

believes to be correct ; and will adhere strict- ly to the line, regardless of what policy or interest may dictate, when he finds a ques- tion of right or wrong involved.

Judge Francis J. Kooser was born in the town of Somerset, June 15, 1846. His father was Curtis Kooser and his mother's maiden name was Emma A. Kiernan. Ile attended the publie sehools, was principal of the Som- erset borough schools, and taught several terms of normal sehool in Somerset county. He also attended Millersville State Normal school and Pennsylvania college at Gettys- burg, Pa. He was clerk in the office of the county treasurer during the two terms of his father, Curtis Kooser, and during the term of Noah Roberts; read law in the office of Hon. William H. Koontz, and was admitted to the bar in 1867. He was district attorney for the term beginning 1868. In 1870 he was mar- ried to Maud Ogle, daughter of Hon. A. J. Ogle. He was elected prothonotary and clerk of the eourts in the fall of 1875; and, his term being in the years of the great panic in this county, was an especially busy one. Judge Kooser has had a very active eareer as an attorney, and was concerned in many important eases, and handled them both as to law and fact, with thoroughness and vigor that seldom failed in bringing out the limit of their possibilities. Of those that were of publie interest, may be mentioned his ser- viees for the commonwealth in the prosecu- tions resulting in the eonvietion of the Nice- ly brothers and of the Roddy brothers for murder; also his connection with the Wech- tenheiser, MeClellantown, and Hoehstetler cases. He received, in 1890, the unanimous endorsement of the Republican party of his eounty as eandidate for president judge of the Sixteenth distriet. For three times he was nominated by the Republican party of Somerset county its candidate for Congress. In the year 1900, following the erection of Somerset eounty into a separate judicial dis- triet, he was elected president judge thereof;

1189

SOMERSET COUNTY

and has served in that capacity until the present time.

William Henry Ruppel was born at Frost- burg, Md., on the thirteenth day of May, 1849. His father, Christian Ruppel, was born in Germany, and eame to this country in about 1841. The family resided in Somer- set county, but was temporarily living in Maryland when Mr. Ruppel was born; and when Mr. Ruppel was three months old his mother died and he was taken to Somerset county and brought up at Wellersburg. Ile first attended the common schools, and later was a student in normal schools and was un- der private tutors. He followed the vocation of teaching for thirteen terms, spending the time in Mineral county, West Virginia, and in Somerset county. He finally settled upon law as his life profession and beeame a stu- dent in the office of General Coffroth, and was admitted to practice November 26, 1872. He at onee formed a partnership with Mr. Coffroth, which has continued until the pres- ent time. Mr. Ruppel, like his partner, has been a follower of the Democratic standard. He was a delegate to the Pennsylvania Dem- ocratie state convention that nominated Singerly for governor. In 1881 his high judicial attainments and unquestionable probity of character led to his name being mentioned as a candidate for president judge; and, although the bar are very high in their estimation of his character, he de- clined to press his candidaey. His practice has covered almost every department of the profession, and he has won many important eases. Mr. Ruppel is considered one of the soundest and most elear-headed lawyers in the county of Somerset. He possesses the sturdy traits of character peeuliar to the Teu- tonie race. Since he has been in partnership with General Coffroth he has to a great extent been the working member of the firm, as his partner's politieal interests have necessarily absorbed a large portion of that gentleman's time. He was one of the counsel for the

defense of the Nicely brothers, and has par- ticipated in numerous civil cases and erim- inal trials with marked success. Ilis cases in general have been handled in a forceful manner. Hle is very clear in his presentation and argument of a cause, and has achieved high success at the bar of Somerset county.

Hon. Benjamin F. Meyers, the present pub- lisher and editor of the Harrisburg Daily and Weekly Patriot, was born near New Center- ville, Somerset county, Pennsylvania, July 6, 1833. His parents were of Pennsylvania- German stock, and with a mixture of Scotch- Irish on the paternal side. He received his education in the public schools, Somerset academy and Jefferson college; read law in the office of Hon. William H. Koontz, and was admitted to practice in the courts of Somerset county, November 18, 1855. Pre- vious to his admission to the bar, and before he had attained his majority, he spent about a year in the state of Illinois, where he en- gaged in journalism and was brought into eontaet with the eminent public men of that state, among whom were Abraham Lincoln and Stephen A. Douglas. Owing to ill health he returned to his native mountains in the winter of 1855. Soon after his admission to the bar it appears he coneluded to adopt journalism as a profession, for he moved to Bedford, Pa., where he edited the Bedford Gazette, from August 1, 1857, until April 1, 1874. Meanwhile he had become connected with the Harrisburg Daily and Weekly Patriot, a journal of wide circulation, which he has edited from June 1, 1868, until the present time. Under his management the Patriot has become one of the leading Demo- cratic organs in the state. In 1863 he was chosen to represent Bedford county in the state legislature and served through one reg- ular and one special session. In October. 1870, he was elected to represent the district composed of Adams, Bedford, Fulton, Franklin and Somerset eonnties, in the rep- resentative branch of the national legisla-

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

The twentieth century bench and bar of Pennsylvania, volume II, Part 85

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