Erie County (PA) Genealogy

NELSON’S BIOGRAPHICAL DICTIONARY - Chapter XX (Part 1)

Contributed by Bill Klauk

As heretofore stated, Erie County constituted a sub-division of Allegheny County up to the year 1800, and all judicial proceedings took place at Pittsburg, the county seat. The act Creating Erie a separate county is dated the 12th of March, 1800. The county was too sparsely settled to maintain a distinct organization, and by the act of April 9, 1801, Erie, Crawford, Mercer, Venango and Warren were thrown temporarily together for election and governmental purposes. Meadville was designated as the place where the county business should be transacted. This arrangement continued for two years.

The first court in Erie was held by Hon. Jesse Moore, in April, 1803. The hours for Convening were announced by the Crier by the blowing of a horn.. This horn continued to be used for the purpose until 1823. The Supreme Judges at that time were obliged to hold Circuit Courts in the several counties of the State, and in the course of their duties Judge Yates visited Erie on the 15th of October, 1806, and Judge Brackenridge in 1807 and 1811. A session of the Supreme Court was held in the city in 1854, at which Judges Lewis, Woodward, Lowrie and Knox were present.

The County Courts were held by the President Judge, aided by two Associate Judges — usually farmers of good standing—until May 1839, when a District Court was created to dispose of the accumulated business in Erie, Crawford, Venango and Mercer counties. Hon. James Thompson, of Venango, was appointed to the District Judgeship, and filled the position until May, 1845. The term originally was for five years, but was extended one year by request of the bar.

Previous to 1851, both the President Judges and Associate Judges were appointed by the Governor. The first election by the people was in October, 1851, when Hon. John Galbraith was chosen President Judge, and Hon. Joseph M. Sterrett and Hon. James Miles, Associates. The office of Additional Law Judge was created in 1856, Hon. David Der­rickson, of Crawford county, being its first incumbent, and expired by the operation of the constitution on the 17th of April, 1874. The Associate Judges were abolished on November 17, 1876, and since that date the en­tire duties of the Court have been performed by the President Judge. All law Judges in the State are elected for ten years.

The “new” constitution, which went into operation January 1, 1874, allowed the President Judge of each district, where there was an Additional Law Judge, to elect to which the districts into which his original jurisdiction had been divided he might be assigned. Under this provision, Judge Wetmore selected the Thirty-seventh District, consisting of Warren and Elk counties, and Judge Vincent, Additional Law judge for time district, became President Judge of Erie County, which had been created a district by itself.

The following is a list of the President, District and Additional Law Judges, with the dates of their commissions:

President Judges —Alexander Addison, Pittsburg, August 17, 1791.

David Clark, Allegheny County, March 3, 1800.

Jesse Moore, Crawford County, April 5, 1803.

Henry Shippen, Huntingdon County, Jan­uary 24, 1825.

Nathaniel B. Eldred, Wayne County, March 23, 1839.

Gaylord Church, Crawford County, April 8, 1843.

John Galbraith, Erie County, November 6, 1851.

Rasselas Brown, Warren County, June 29, 1860.

Samuel P. Johnson, Warren County, De­cember 3, 1860.

Lansing D. Wetmore,  Warren County, first Monday in January, 1870.

John P. Vincent, Erie County, April 17, 1874.

William A. Galbraith, Erie County, first Monday in January, 1877.

Frank Gunnison, Erie County, December 13, 1886.

Additional Law Judges .— David Derickson, Crawford county. first Monday in December, 1856.

John P.Vincent, Erie County, first Monday in December, 1866.

District judge — James Thompson, Venango county, May 18, 1839.

Three President Judges have died in office, viz.: Hon. Jesse Moore, at Meadville, on the 21st of December, 1824; Hon. Henry Shippen, at Meadville, in 1839; and Hon. John Gal­braith, at Erie, on the 15th of June, 1860. Rasselas Brown, of Warren County, was ap­pointed by the Governor to succeed Judge John Galbraith, and served until December 3, 1860. One Judge for the district—Hon. Alexander Addison—was impeached and re­moved from his office. Judge Eldred resigned in 1843, but afterward went on the bench as President Judge of the Dauphin district.

Two of the judges were promoted to seats on the Supreme Bench of the State. James Thompson was elected one of the justices of the Supreme Court in 1856, and held the po­sition until 1872, the full term of fifteen years, the last five of which he presided as Chief justice. Gaylord Church was appointed a Supreme Judge in 1858, to fill a vacancy caused by the resignation of one of the members of the Court. Judge William A. Gal­braith is a son of Judge John Galbraith, being the only instance in the history of the county where a son was elected to fill a prominent official place occupied by his father.

The salaries of the Judges are paid by the State.

The following shows the competing candidates for President and Additional Law judges since the offices have been elective:

1851 — President Judge, John Galbraith, Democrat; Elijah Babbitt, Whig.

1856 — Additional Law Judge, David Der­rickson, Republican; Rasselas Brown, Dem­ocrat.

1860 — President Judge, Samuel P. Johnson, Republican; Rasselas Brown, Demo­crat.

1866 — Additional Law Judge, John P. Vincent, Republican; Benjamin Grant, Democrat.

1870 — President Judge, Lansing D. Wet­more, Republican; Samuel E. Woodruff, In­dependent Republican; Rasselas Brown, Democrat.

1876 — President Judge, William A. Gal­braith, Independent Democrat; William Ben­son, Republican.

1886 — President Judge, Theo. A. Lamb, Democrat; Frank Gunnison, Republican; S.P. McCalmont (Venango county), Prohibi­tion.

[See Chapter XXVII. for the vote given to the several candidates.]

The judicial districts since the organization of the county have been as follows:

  1800 -- All of the State west of Allegheny river.

 1803 – Erie, Crawford, Mercer, Venango, Warren and Beaver.

 1825 -- Erie, Crawford, Mercer and Venango

 1851 -- Erie, Crawford and Warren.

 1860 -- Erie, Crawford, Warren and Elk.

 1870 — Erie, Warren and Elk.

 1874 --- Erie alone, to date.

It is worthy of note that the district has been designated the Sixth almost or entirely from the day the county was organized.

 The regular terms of court were fixed in 1894 as follows:

 Quarter Sessions — lst Monday in February; ­2d Monday in May; 1st Monday in September; 2d Monday in November.

 License Court—1st Monday in February.

 Civil List—2d, 3d and 4th Mondays in January; 1st, 2d and 3d Mondays in March; 1st, 2d and 3d Mondays in October; 1st, 2d and 3d Mondays in December.

 Argument Court—Last Monday, each, in February, March, May, June, September, October and November.

The cost to the County for “administering law and justice” for 1894, as shown by the statement of the County Commissioners, is as follows, exclusive of the expense for maintaining the court house, etc.

Justices’ costs . . . . . . . . . . . . . . 2,112.45
Reward for horse thieves . . . . . .    25. 76
Conveying convicts . . . . . .         1,215.83
County detective, salary . . . . . .    840. 00
Constables’ returns to court . . . 685.84
District attorney’s fees . . . . . .       1,101.00
Assistant district attorney’s fees . . .  120.00
Costs in commonwealth cases . . .   2,337.75
Jail - -
Clothing for prisoners . .        26.64
Furniture, etc. . . . .                72.00
Physician and medicine. .     125.00
Repairs, etc. . . .                   99.88
Boarding prisoners
(paid on account) . . .        3,000.00
. . . . . . . . . . . . . . . . . . . . . . . . . . 4,323.52
Allegheny County Workhouse. . . 857.99
Morganza Reform School . .   878.99
Pa. Industrial Reformatory . . 2,458.96
Western Penitentiary . . . 4,980.08
Grand jurors’ pay . . .    1,159.66
Conveying grand jury . . 39.00
Constable attendance Grand jury . . . . . . 42.00
Traverse jurors’ pay .    5,925.48
Meals for jurors . . . 59.35
Common Pleas Jurors pay    5,753.30
Crier and tipstaves . . . .       1.210.00
Stenographer’s pay . . .        1,668.50
Prothonotary’s fees . . .       1,188.35
Recorder’s fees . . . .             251.75
Publishing trial list . . .             110.95
- - - - - - - - - - - - - - - - - - - - - - - 17,408.34

. . . . . . . . . . . . . . . .         $46,005.51

Two Associate Judges assisted the President Judge from the organization of the county until the 17th of November, 1876, when the office was abolished by the new constitution. The Associate Judges were appointed by the Governor until 1851, at which time the office was made elective. The incumbents of the position were not required to be learned in the law, and in every instance were either substantial farmers or intelligent business men. One Associate Judge, William Bell, died in office, and Samuel Smith re­signed to take a seat in Congress. Before the constitution of 1838, all judges were commissioned for life or good behavior, but that instrument limited the term of President Judges to ten years and of Associate Judges to five years. The following is a list of the Associate Judges from the time the county was separated from Allegheny, with the dates of their commissions:

Appointed — David Mead, Crawford coun­ty, March 13, 1800 , resigned.

John Kelso, Erie County, March 14, 1800; resigned December 21, 1804.

William Bell, Erie county, December 20, 1800; in place of David Mead.

Samuel Smith, Mill Creek, July 6, 1803; resigned in 1805.

William Bell, Erie, May 9,1805; in place of John Kelso, resigned.

John Vincent, Waterford, December 23, 1805; in place of Samuel Smith.

Wilson Smith, Waterford , March 15, 1814; in place of William Bell, who died in office.

John Grubb, Mill Creek, January 8, 1820; in place of Wilson Smith, elected to the Legislature.

John Brawley, North East, March 26, 1840; re-commissioned March 8, 1845.

Myron Hutchinson, Girard, March 13, 1841; re-commissioned March 13, 1846.

Joseph M. Sterrett, Erie, June 4, 1850; re-commissioned January 23, 1851.

James Miles, Girard, April 1, 1851.

Elected.—Joseph M. Sterrett, Erie, No­vember 10, 1851.

James Miles, Girard, November 10, 1851.

Samuel Hutchins, Waterford, November 12, 1856.

John Greer, North East, November 12, 1856. Re-elected in 1861.

William Cross, Springfield, November 23, 1861.

William Benson, Waterford, November 8, 1866. Re-elected in 1871.

Hollis King, Corry, November 8, 1866.

Allen A. Craig, Erie, November 17, 1871.

[See Chapter XXVII. for the vote on Associate Judge since 1851.]

By a special act of Assembly a Recorder’s Court was established in cities of the third class, the Recorder to be chosen by the people and to be a person versed in the law. The Court had equal jurisdiction with the city Aldermen in all criminal cases, and in civil cases not involving more than $500. Hon. Selden Marvin, who had been County judge in Chautauqua county, was elected City Recorder of Erie in the fall of 1877, and continued to hold the position until 1892, three terms of five years each, when the act was pronounced unconstitutional. The Recorder was paid by fees, and his Court was held in a room on the second floor of the Noble block, now the Penn building.

From 1804 to 1850, the position which answers to the present office of District Attorney was known by the title of Deputy Attorney General, and its incumbents were appointed by and retained in office during the pleasure of the Attorney General of the State. The name was changed to District Attorney in 1850, the office was made elective, and the term fixed at three years. Below is a list of the persons who have filled the position:

1804 — William N. Irvine. Erie.

               William Wallace, Erie.

1809 — Patrick Farrelly, Crawford county.

Ralph Marlin, Crawford County.

1819 — George A. Eliot, Erie.

1824 — William Kelly, Erie.

1833 — Don Carlos Barrett, Erie.

1835 — Galen Foster, Erie.

1836 — Elijah Babbitt, Eric.

1837 — William M. Watts, Erie.

1839 -- Carson Graham, Erie.

1845 — Horace M. Hawes, Erie.

1846 — William A. Galbraith, Erie.

Of the above, all but Messrs. Kelly, Foster, Babbitt and Watts were appointed as anti-Federalists or Democrats. The District Attorneys elected by the people have invariably been Whigs or Republicans, with the exception of Mr. Baker. They are as follows:

1850 — Matthew Taylor, Erie.

1853 — Samuel E. Woodruff, Girard.

1856 — G. Nelson Johnson, Erie. Died shortly after the election, and Charles W. Kelso appointed by the Governor to serve until the October election in 1857.

1857 — James Sill, Erie.

1860 — Samuel A. Davenport, Erie.

1863 — J. F. Downing, Erie.

1866 — Charles M. Lynch, Erie.

1869 — John C. Sturgeon, Erie.

1872 — Samuel M. Brainerd, North East.

1875 — A. B. Force, Erie.

1878 — Charles E. Lovett, Erie.

1881 — E. A. Walling, North East; re­signed December 1, 1884 (having been elected to the State Senate), and Cassius L. Baker, of Corry, appointed by the Court.

1884 — Cassius L. Baker, Corry.

1887-90 — A. E. Sisson, Erie.

1893 — U. P. Rossiter, Girard.

[For the vote on District Attorney since 1850, see Chapter XXVII.; and for a list of the other Court officers, see Chapter XXVIII.]

Erie County is attached to the Eastern District of the Supreme Court, which holds its sessions at Philadelphia. The hearing of cases from Erie County commences on the last Monday in April of each year.

Although a number of persons have been tried for murder in the county, the death penalty has only been enforced against a single individual, Henry Francisco was sentenced by Judge Shippen on November 11, 1837, and hung by Sheriff Andrew Scott on March 9, 1838, within the yard of the jail, which then occupied the site of the present court house.

[For full particulars, see Chapter XXV.]

Continued in Part 2

This page was originally created on Friday, February 11, 2005

This page was last updated on  Tuesday, July 13, 2021 .

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