THE COURTS, JUDGES AND BAR OF ERIE COUNTY — SUPREME COURT — UNITED STATES COURTS — JUSTICES OF THE PEACE AND ALDERMEN.
[Continued]

UNITED STATES COURTS.

     By an act of Congress passed in 1866, Erie was named as one of the places for the sittings of the United States District and Circuit Courts for the Western District of Pennsylvania. The Supreme Judges may, if they sit with the Circuit Judge or hold Court alone. The only time one of the Supreme­ Judges of the United States has been present in Erie was when Judge Strong was here in July, 1875.

     The first session of the District Court was held in Erie in January, 1867, and of the Circuit Court in July, 1868, Judge Wilson McCandless presiding. Both Courts were regularly held by him until Hon. William McKennan, of Washington County, was sworn as Circuit Judge. Judge McCandless con­tinued to serve until July 24, 1876, when he was honorably retired on account of ad­vanced years, and was succeeded as District judge by Hon. Winthrop W. Ketchum. Judges McKennan and Ketchum were sworn and began their official duties at Erie. Judges McCandless and Ketchum both died 1880. The following is a list of the later officers of the Courts, with the dates of their appointment.

Judges U. S. Circuit Court — William McKennan, Washington county, December 22, 1869; Marcus W. Acheson, Allegheny County, February 3, 1891.

Judges U. S. District Court — W. W. Ketchum, Luzerne county, June 26, 1876; M. W. Acheson, Allegheny county, January 14, 1880; James H. Reed, February 20, 1891; Joseph Buffington, February 28, 1892.

U. S. District Attorneys. — R. B. Carnahan, ­Allegheny county, appointed ; H. Bucher Swoope, Clearfield county, 1870; David Reed, Allegheny county, 1874; H. H. McCormick, Allegheny county, June 29, 1876; William A. Stone, Allegheny county, July 6, 1880; George A. Allen, Erie county, December 4, ­1886; Walter Lyon, Allegheny county, June 27, 1890; Stephen C. McCandless, Allegheny County, April 26, 1893 (temporarily appointed}; Harry Alvin Hall, Elk county, June 8, 1893.

U. S. Marshals — Samuel McKelvy, Allegheny county, appointed; Thomas A. Rowley, Allegheny county, 1868; Alex. Murdock, Washington county, 1869; John Hall, Washington county, December 19, 1872; James S. Rutan, Beaver county, May 22, 1882; George W. Miller, Washington county, August 2,1886; Joseph R. Harrah, December 20, 1889; John W. Walker, Erie county, January 16, 1894.

Clerks U. S. District Court — Stephen C. McCandless, Allegheny county, appointed November 3, 1863; William T. Lindsey, Allegheny county, May 11, 1891.

Deputy Clerks (all from Erie) — George W. Gunnison, 1867; George A. Allen, 1869; F. W. Grant, 1878.

Clerks U. S. Circuit Court — Henry Sproul, Allegheny county, —; H. D. Gamble, Allegheny county, January 5, 1870.

Deputy Clerks (all from Erie) — George W. Gunnison, 1868; George A. Allen, 1869; A. B. Force, 1871; Frank W. Grant, Novem­ber 26, 1875.

The regular terms of both Courts at Erie were originally fixed to commence on the second Monday of January and the third Monday of July. The January term was held at Erie every year until 1875, since when it has been omitted.

Under the old system, the selection of jurors for the United States Courts was wholly in the hands of the Marshal, who summoned any person he pleased. In 1879, Congress passed an act making the Clerk of each Court a Jury Commissioner for his own Court, and requiring him to appoint another Jury Com­missioner of opposite politics, thus securing representation on the juries from both of the leading parties.

THE BAR.

The first lawyer to locate in Erie was William Wallace, who came on from Eastern Pennsylvania in 1800, as attorney for the Pennsylvania Population Company. He remained until 1811, when he returned to Harrisburg. The second was William N. Irvine, who settled here in 1804, but also returned to Harrisburg in a few years, even­tually becoming President Judge of the Adams district. Among the lawyers who located in Erie at an early day, and who became permanent residents were Anselen Potter, George A. Eliot, Thomas H. Sill, Philo E. Judd and William Kelly.

The early lawyers were obliged to practice in a dozen counties in order to make a livelihood, and some of them were away from their homes and offices more than half of the time. They traveled from one county seat to the other on horseback, with their legal papers and a few books in a sack across the saddle.

Among the first lawyers who practiced at the Erie bar was Henry Baldwin, of Pittsburg, who was appointed a Judge of the U. S. Su­preme Court in 1830. John Banks, of Mercer, another practitioner, was appointed Judge of the Berks county Court, and became the Whig candidate for Governor in 1841.

Dudley Marvin, the eminent New York lawyer, was admitted to the Erie bar at an early day. Other early lawyers who practiced at the Erie bar were John B. Wallace, the Fosters, Ralph Martin, Patrick Farrelly, John J. Pearson and Gaylord Church. Gen. C. M. Reed was admitted, but never became a regular practitioner.

LIST OF ATTORNEYS.

The following is a list of those who have been admitted to the bar since the destruction of the court house in 1828, with the dates of their admission:

 A — Allen, George A., June 16, 1868; James W. Allison, June 1, 1875; F. H. Abell, June 16, 1877; John Arthur, November 10, 1881; 0. C. Allen, May 20, 1892; Frank L. Armstrong, May 18, 1895.

 B — Babbitt, Elijah, February 1, 1826; Don Carlos Barrett, July 1, 1826; Peter A. R. Brace, May 3, 1843; William Benson, August 7, 1846; J. W. Brigden, October 23, 1849; Rush S. Battles, December 11, 1855; Charles Burnham, November 30, 1865; Gurdon S. Berry, December 21,1865; Charles 0. Bowman, November 30, 1865; W. M. Biddle, April 30, 1866; R. B. Brawley, August 9, 1866; Henry Butterfield, April 2, 1867; S. J. Butterfield, April 2, 1867; Hiram A. Baker, October 1, 1867; Julius Byles, August 15, 1868; Samuel B. Brooks, September 29, 1868; Charles P. Biddle, October 15, 1868; Geo. D. Buckley, November27, 1868; W. W. Brown, August 31, 1869; Samuel M. Brainerd, December 22, 1869; Cassius L. Baker, May 8, 1872; H. W. Blakeslee, November 22, 1872; Ulric Blickensderfer, December 12, 1873; A. F. Bole, February 27, 1874; Isaac B. Brown, May 6, 1875; Judge William Benson, De­cember 4, 1876; M. H. Byles, February 12, 1879; John C. Brady, September 30, 1879; Charles H. Burton, May 31, 1881; J. R. Brotherton, September 14, 1883; Eben Brew­er, June 30, 1885; James R. Burns, May 10, 1886; Arthur L. Bates, June 8, 1886; Chas. S. Burchfield, September 6, 1886; Frank A. Bliley, May 20, 1891; Saml. S. Bayle, September 9, 1891; C. M. Bousch, September 15, 1891; D. I. Ball, November 30, 1891; C. W. Benedict, January 16, 1893; Paul A. Benson, April 3, 1893; John A. Bolard, June 20, 1893; Wm. J. Breene, December 8, 1893; Geo. W. Barker, September 3,1894.

    C — Curtis, C. B., 1834; George H. Cutler, November 7, 1840; Justin B. Chapin, May 4, 1848; Andrew H. Caughey, November 26, 1851; Marcus N. Cutler, January 31, 1857; Junius B. Clark, May 10, 1860; Edward Camphausen, March 15, 1865; Edward Clark, March 14, 1867; Manly Crosby, September 30,1868; A. W. Covell, May 25, 1870; C. L. Covell, May 27, 1873; W. B. Chapman, March 28, 1873; George A. Cutler, October 7, 1873; C. C. Converse, March 11, 1874; D.R. Cushman, June 23, 1874; Herman J. Curtze, January 4, 1875; Allen A. Craig, December 18, 1875; A. G. Covell, September 7,1880; Jno. B. Compton, July 18, 1881; F. H. Coch­ran, November 14, 1881; Frank M. Catlin, February 19, 1884; Henry A. Clark, May 10, 1884; M. D. Christy, June 1, 1885; Win. G. Crosby, December,1889; J. R. Craig, December 28, 1893.

   D — Dunlap, James D., October, 1837; John W. Douglass, May 8, 1850; Samuel A. Davenport, May 7, 1854; John F. Duncombe, August 8, 1854; George W. DeCamp, August 7, 1857; J. F. Downing, 1859; Myron E. Dunlap, December 12, 1873; James Doughty, June 6, 1881 ; Geo. F. Davenport, January 22, 1885; J. Ford Dorrence, July 15, 1887; C. C. Dickey, December 12, 1891.

    E — Edwards, T. D., June 29, 1853; Clark Ewing, December 24, 1863; Joseph D. Eber­sole, May 7, 1851; John B. Eichenlaub, Sep­tember 6, 1886; Henry M. Eaton, May 10, 1892; Monroe J. Echols, June 19, 1893.

    F — Fisk, James B., June 10, 1845; A. J. Foster, March 15, 1865; A. B. Force, August 22, 1871; J. M. Force, November 28, 1879; A B. Friedley, April 18, 1883; K. F. Friend, May 18, 1885; A. A. Freeman, May 10, 1886; George M. Fletcher, October 18, 1887; Henry E. Fish, February 9, 1889: Edward M. Foye, June 18, 1894.

     G — Graham, Carson, December 19, 1837; John Galbraith, 1837; C. S. Gzowski, August 5, 1839; St. John Goodrich, August 2, 1841; Michael Gallagher, May 1, 1843; William A. Galbraith, May 9, 1844; Benjamin Grant, October 27, 1845; John L. Gallatew, December ­3, 1846; Jonas Gunnison, November 9, 1849; George P. Griffith, August 4, 1864; George W. Gunnison, March 15, 1865; Frank Gunnison, February 5, 1870; Frank W. Grant, March 12, 1874; Paul H. Gaither, No­vember 19, 1874; William Griffith, January 27, 1875; Edward P. Gould, May 31, 1875, Edward Graser, May 6, 1876; Samuel L. Gil­son, September 4, 1878; John W. Galbraith, September 28, 1885; S. C. Grumbine, February ­14, 1888; Davenport Galbraith, October 30, 1888; Joseph A. Guignon, January 7, 1889.

     H — Hawes, Horace M., November 7, 1840; William M. Heister, May 3, 1841; D. W. Hutchinson, May 11, 1855; Calvin J. Hinds, May 11, 1860; Charles Horton, January 29, 1866;  John K. Hallock, March 24, 1868: John L. Hyner, April 4, 1870; David S. Herron, September 8, 1875; Thomas C. Himeba­ugh, May 20, 1880; James D. Hancock, January 27, 1881; George D. Higgins, December 10, 1883; E. E. Hickernell, May 9, 1887; Charles Heydrick, June 28, 1887; F. W. Hastings, December 20, 1887; L. E. Hay­berger, January 20, 1888; C. A. Hitchcock, June 25, 1888; M. J. Heywang, September 6, 1888; Theodore A. Hunter, May 17, 1890; George W. Haskins, December 11, 1890; A. F. Henlein, November 6, 1891; A. P. Heney, March 11, 1892; C. D. Higby, November 17, 1892; W. D. Hinkley, November 28, 1893.

     J — Johnson, Quincy A., August 6, 1839; John B. Johnson, April 5, 1842; George N. Johnson, May 9, 1855; M. W. Jacobs, October 29, 1872; A. M. Judson, May 9, 1851; George A. Jenks, September 8, 1892.

     K — Kelso, Charles W., 1835; William C. Kelso, May 10, 1839; Louis F. Keller, No­vember 8, 1869; D. H. Kline, November 14, 1874; Joseph K. Kelso, June 27, 1876; Otto Kohler, May 12, 1887.

     L — Law, Samuel A, April 5, 1841; Will­iam S. Lane, July 22, 1844; Wilson Laird, February 8, 1849; A. McDonald Lyon, March 20, 1857; George A. Lyon, Jr., March 12, 1861; Charles M. Lynch, February 6, 1866; H. B. Loomis, August 6, 1866, Samuel P. Longstreet, January 25, 1869; James H. Lewis, January 28, 1869; William E. Lathy, March 7, 1871; Theodore A. Lamb, August 22, 1871; Francis P. Longstreet, August 22, 1871; George W. Lathy, December 18, 1871; Charles E. Lovett, October 10, 1874; J. W. Lee, January 20, 1880; Hugh C. Lord, December 15, 1880.

     M — Marvin, Dudley, —; Moses McLean, November 2, 1825; Gilman Merrill, November 9, 1826; George Morton, June 7, 1827; James C. Marshall, August 4, 1829; George H. Myers, May 10, 1849; David B. McCreary, August 8, 1851; Francis F. Marshall, October 28, 1857; Selden Marvin, December 14, 1859; William E. Marsh, May 7, 1879; Frank M. McClintock, May 11,1878; Samuel Miner, —; William 0. Morrow, January 25, 1884; Paul W. McKay, June 26, 1889; E. W. McArthur, May 12, 1892; C. H. McAuley, September 12, 1892.

     N — Norton, L. S., October 12, 1868; Miles R. Nason, March 12, 1892; Samuel T. Neill, November 19, 1892.

     O — Olmstead, C. G., September 7, 1875; Clark Olds, April 26, 1876; Edward J. O’Conner, December 5, 1878; Joseph P. O’Brien, March 17, 1883; A. B. Osborne, May 31, 1887; John Ormerod, November 14, 1889; N. J. Osmer, July 17, 1893; M. E. Olmstead, April 13, 1895.

     P — Phelps, Mortimer, September 12, 1850; James G. Payne, February 1, 1861; T. S. Parker, December 19, 1865; James 0. Parme­lee, October 7, 1871; John Proudfit, April 26, 1876; C. L. Pierce, October 23, 1877; William R. Perkins, June 25, 1878; Rodman F. Pugh, September 4, 1878; Frank L. Perley, Septem­ber 30, 1879; E. C. Page, July 22, 1889; James M. Proudfit, February 24, 1890; B. B. Pickett, Jr., September 23, 1891; George W. Perkins, June 5, 1893.

R — Riddle, John S., August 9, 1826; Al­bert C. Ramsey, May 7, 1833; John J. Randall, May 8, 1839; S. W. Randall, May 10, 1839; James C. Reid, August 10, 1848; John W. Riddell, December 26, 1854; David W. Rambo, November 2, 1864; Henry M. Riblet, October 3, 1867; B. J. Reid, January 22, 1872; Louis Rosenzweig, April 6,1872; Craig J. Reid, September 11, 1876; John S. Rill­ing, February 19, 1885; Thomas Roddy, May 9, 1885; U. P. Rossiter, January 28, 1887; George A. Rathburn, September 10, 1888; C. P. Rogers, Jr., September 5, 1890; John E. Reynolds, October 7, 1891; J. E. Reed, June 28, 1895.

     S — Smith, Silas T., June 4, 1827; George W. Smith, November 7, 1831; Stephen Strong (District Court), April 8, 1841; Reid T. Stewart, August 5, 1845; S. Merwin Smith, May 5, 1846; James Sill, October 29, 1852; Samuel S. Spencer, February 12, 1853; Will­iam R. Scott, February 2, 1858; B. J. Ster­rett, May 7, 1861; C. B. Sleeper, August 9, 1865; J. C. Sturgeon, February 28, 1867; C. R. Saunders, May 24, 1869; Henry Souther, October 30, 1872; James W. Sproul, April 13, 1874; Earl N. Sackett, December 28, 1875; Henry A. Strong, September 17, 1881; A. E . Sisson, November 19, 1881; David A. Sawdey, December 1, 1881; James A. Stranahan, April 24, 1884; George Sturgeon, Sep­tember 28, 1884; Isador Sobel, May 14, 1888; Frank S. Shaw, June 26, 1889; James M. Sherwin, November 18, 1890; — Schmer, March 2, 1891; Rufus B. Stone, January 26, 1893; H. M. Sturgeon, February 24, 1894; Ralph B. Sterrett, May 14, 1894; Patrick C. Sheehan, February 15, 1895; Justin P. Slo­cum, May 28, 1895.

     T — Tyler, Nathan, October 22, 1828; James Thompson, May 5, 1845; Matthew Taylor, April 26, 1847; William Taylor, Feb­ruary 2, 1849; Henry R. Terry, January 25, 1852; J. Ross Thompson, May 3, 1856; Samuel Thomas, Jr., May 8, 1857; — Titus, October 31, 1860; 0. 0. Trantum, May 25, 1868; 0. E. Taylor, January 30, 1877; C. W. Tyler, January 24, 1884; F. N. Thorpe, June 25, 1885: Albert Truesdell, December 14, 1886; L. E. Torry, October 18, 1887; E. T. Templeton, February 29, 1892; James C. Thomas, October 2, 1893.

     V — Virgil, Almon, May 8, 1839; John P. Vincent, February 2, 1841; E. B. Van Tassel, December 16, 1858; Strong Vincent, Decem­ber 12, 1860; Cornelius Van Horn, May 28, 1885.

     W — Walker, John H., July 27, 1824; John H. Waugh, May 25, 1825; David Walker, February 7, 1827; William M. Watts, July 17, 1839; Murray Whallon, October 19, 1839; Irwin M. Wallace, May 28, 1843; Edwin C. Wilson, August 8, 1846; S. E. Woodruff, October 28, 1846; Jerome W. Wetmore, No­vember 9, 1849; George Williamson, January 24, 1850; John W. Walker, November 15, 1854; Hy. J. Walters, April 27, 1857; A. D. Woods, September 3, 1863; George W.. Walker, August 1, 1864; Thomas J. Wells, August 4, 1864; D. M. R. Wilson, December 19, 1865; Calvin D. Whitney, May 10, 1866; C. S. Wilson, October 6, 1870; Thomas S. Woodruff, May 25, 1871; David J. Winton, March 6, 1873; E. L. Whittelsey, May 15, 1877; Emory A. Walling, September 4, 1878; Charles L. White, October 2, 1882.

     Y — Yard, H. C., November 28, 1879.

The most notable suit against a railroad company to recover damages for injuries sus­tained through the negligence or alleged negligence of the company’s employees, and one that involved the largest sum of money ever paid in the United States for personal injuries received, was that of Louis Rosen­zweig, attorney at law, of Erie, against the Lake Shore and Michigan Southern Railway Company. The plaintiff had purchased a ticket “good for thirty days from November 25, 1883,” for passage from Erie to Cleveland and return. Upon presenting his ticket on the following day, shortly after midnight, on his return trip, he was ejected from the train, on the ground that his ticket was not good on that train, the ‘‘Limited Express.” The ticket presented was unconditioned, and the plaintiff had no knowledge that a recent order of the company limited its use; yet he tendered cash in payment for his passage, which was refused, and the plaintiff was compelled to alight from the train a short distance out from Cleveland, on a most dangerous part of the railway company’s yard, where there were many tracks, and where freight trains were being made up and numerous locomotives, trains and sections of trains were passing in each direction. The plaintiff was an utter stranger to the locality, the night was dark, and the lights of passing engines served to accentuate the darkness when they had passed. While endeavoring to escape the dangers and perils of his position, he was struck in the back and seriously injured. Suit to recover damages was instituted by his law partner, George A. Allen, Esq., and subsequently Samuel A. Davenport and J. Ross Thompson, Esqs., were retained as associate counsel. The defendant company was represented by C. R. Roys, Esq,, of Chicago, Hon. John P. Vincent and Hon. S. M. Brainerd, of Erie, and, when the case reached the Supreme Court, Hon. Rasselas Brown, of Warren, was added to counsel for defense. The case was heard twice, in 1884, before Judge Galbraith, of the Court of Common Pleas, of Erie County, the trials occupying eleven days and two weeks respectively, resulting in a verdict for the plaintiff in the sum of $48,750.  It was carried to the Supreme Court of Pennsylvania on error by defendant. The judgment of the lower Court was affirmed October 4th, 1886, the sum finally paid the plaintiff, being the amount of verdict, with interest, aggregating the sum of $53,150.

PERSONAL REMINISCENCES.

The public careers of some of the above nam­ed gentlemen include almost the whole political history of the county. The limits of this work leave room for only a few brief ref­erences. John H. Walker reached Erie when quite a young man, walking from Pittsburg to Meadville, where he was obliged to borrow money to enable him to reach his destination. Elijah Babbitt built his office and house in 1828, and stuck to the same spot the balance of his life. Messrs. Walker, Babbitt and Thomas H. Sill filled numerous public positions, among them some of the most conspicuous in the gift of the people. Dudley Marvin, after remaining in Erie a brief period, removed to Canandaigua, N. Y., and became one of the most eminent lawyers of that State. James C. Marshall moved to Girard in 1830, engaged in business, and did not return to the practice of law in Erie until 1844. Don Carlos Barrett’s name was stricken from the roll bar in 1834, and he soon after left the county, never to return. He located in Texas and accumulated a large property. John Galbraith came to Erie from Franklin in 1837, and was elected President Judge. Carson Gra­ham and John F. Duncombe went West and speedily grew prominent in public life, the one as a Judge and the other as a Legislator and popular orator. James D. Dunlap was the author of Dunlap’s Book of Forms, and Benjamin Grant of several volumes of the State Reports. Horace M. Hawes emigrated to California and became worth several mill­ions.  William M. Heister returned to Read­ing, served a term or two in the State Senate, and was Secretary of State during Gov­ernor Packer’s administration. George H. Cutler came to Erie County in 1835 from Cortland county, N.Y., where he had read law. After a time spent in other pursuits he took a second course of reading with Hon. John Galbraith, to comply with the rule. Selden Marvin came here from Chautauqua County, N. Y., where he served a term as County judge, with credit and general acceptability. Henry Souther, before coming to Erie, had held several prominent State positions, and was Judge of Schuylkill County by appoint­ment of the Governor. John J. Pearson served for thirty-two years as Presiding Judge of the Dauphin-Lebanon district. Gaylord Church was appointed to the Supreme Bench and served a brief term.

General Curtis went to Warren immedi­ately after his admission, and lived there until 1866, when he came back to Erie. He was a Colonel in the war for the Union, and was elected to the Legislature and Congress. C. S. Gzowski moved to Canada and became prominent there. A monument to his memory stands in the Victoria Park at Niagara Falls. S. E. Woodruff lived in Girard until 1872, when he moved to Erie. Strong Vincent served gallantly in the war for the Union, rose to be a brigadier general, won an envia­ble reputation as a brave soldier and was killed at Gettysburg. Murray Whallon moved to California, where he was elected several times to the Legislature. Samuel A. Law went to New York, and was chosen to the Legislature of that State. John W. Douglass is now a resident of Washington City, after long service as Deputy Commissioner and Commissioner of Internal Revenue, and Commissioner of the District of Columbia. Judge Thompson removed to Philadelphia after his election to the Supreme Bench, of which he became Chief Justice. On his retirement from that position he entered upon the practice of law, and died in February, 1877, while ad­dressing the Court of which he had been a member.

Moses McLean removed to Gettysburg and represented the Adams district in the Twenty-ninth Congress. Albert C. Ramsey moved to York, Pa., and was chosen colonel of a regiment in the Mexican war of 1847—48. George W. Smith changed to Butler and afterward to Kansas, where he was prominent in the Territorial troubles. Richard Sill went to Pittsburg and entered active business.

[To be continued in Part 3.]