LOCAL HISTORY: Tarring S. Davis, History of Blair County, Volume I, 1931, Blair County, PA - Chapter 12 Contributed for use in the USGenWeb Archives by Judy Banja Copyright 2005. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/blair/ html file: http://www.usgwarchives.net/pa/blair/1picts/davis/tdavis1.htm _______________________________________________ A HISTORY OF BLAIR COUNTY PENNSYLVANIA UNDER EDITORIAL SUPERVISION OF TARRING S. DAVIS LUCILE SHENK, ASSOCIATE EDITOR HARRISBURG: NATIONAL HISTORICAL ASSOCIATION, INC., 1931 VOLUME I CHAPTER XII THE LEGAL PROFESSION 166 BLAIR COUNTY HISTORY THE history of the Blair County Bar has its beginning with the organization of the county, when Governor Francis R. Shunk approved the act providing its erection from Huntingdon and Bedford Counties on February 26, 1846. The act providing for the formation of Blair County included a provision that it should be made a part of the 16th Judicial district. Before the court house was completed the court sat in the Methodist Church building on Walnut Street, west of Montgomery, in Hollidaysburg. The building was one story, of brick, and was located on the brink of a hill, thirty feet from the street. It was approached by a broad stairway and was eminently suited for the purpose to which it was temporarily put. Judge Jeremiah S. Black, with George R. McFarlane and Daniel McConnell, his associates, met there for the first time at ten o'clock on the morning of July 27, 1846. Colonel John Cresswell was then district attorney. There were no cases to be tried at this session but the following persons were admitted to practise at the bar: J. P. Anderson, Thaddeus Banks, Samuel S. Blair, A. W. Benedict, David Blair, Ephraim Banks, Samuel M. Barkley, John Brotherline, J. M. Bell, Moses Canan, Samuel Calvin, A. G. Curtin, John Cresswell, T. J. Coffey, Joshua E. Cox, A. J. Cline, Theodore H. Cremer, William Dorris, Jr., David Huff, John Fenton, James T. Hall, David M. Hofius, Charles H. Heyer, Michael Hasson, Isaac Hughes, Robert L. Johnston, William J. Jacobs, Alexander King, F. M. Kimmell, Joseph Kemp, J. R. Lowrie, William Lyon, Job Mann, John G. Miles, M. D. Megehan, R. A. McMurtrie, John Mower, H. N. McAllister, A. J. Ogle, William P. Orbison, James M. Russell, Samuel L. Russell, William M. Stewart, J. S. Stewart, John Scott, Jr., Samuel H. Tate, John Williamson, A. P. Wilson, and S. S. Wharton. There were 49 in all, and on Tuesday, July 28th, three more were added: George Taylor, the future president judge; Alexander Gwin and John A. Blodget, making a total of 52 original members of the Blair County Bar. The first president judge, Jeremiah S. Black, was impressive in appearance. His massive head and intellectual face were memorable. In the words of the Honorable Augustus S. Landis, "he was learned, decided, courteous and dignified. He possessed the confidence of the bar, and during his remaining life he was the admiration of his many friends." Judge Black as president judge of the 16th Judicial District, comprising the counties of Franklin, Bedford, Somerset, Fulton and Blair, served until the end of the March term of court in 1849. An act of the Legislature on April 5, 1849, reorganized the judicial districts of the stare and made Huntingdon, Blair and Cambria Counties the 24th Judicial District, thus detaching Blair from the 16th, Judge Black's district. Blair County has ample reason to be proud of its early leaders at the bar. Judge Black became a justice of the state supreme court, Attorney-General of the United States and was delegated to the convention in 1873, held to revise the THE LEGAL PROFESSION 167 state constitution. In addition he was known as an eminent lawyer throughout the land. In 1877, he was counsel in the argument before the presidential commission. Men who were to be the leaders of a great commonwealth were admitted to the Blair County Bar that first day. There was Andrew G. Curtin, the young Bellefonte lawyer, who was to govern Pennsylvania during the trying Civil War period, serve as Minister from the United States to Russia, sit in the Congress of the United States, and to meet Judge Black in 1873 at the constitutional convention, to which he was also delegated. Mr. Landis in an account on the "History of the Bar," appearing in the Altoona Times for June 11, 1896, wrote of these two men: "With no partisanship they vied in the responsible task of perfecting the fundamental law of the state. Both had achieved fame, both had the affection of their colleagues, and both left their impress upon the instrument which now constitutes our organic law. Both were often participants in many controversies on that floor. The writer recalls a scene of pleasurable excitement and surprise, when, in the discussion of the question of legislative apportionment the judge learned from his adversary, that his vast learning was of no value, compared to the governor's practical knowledge of men and things." Descriptions of early members of the bar in addition to the characterizations of Governor Curtin and Judge Black were included in the address of Judge Landis. It would not be possible to improve upon his characterizations of the men with whom he came in contact. So from his address already quoted in part, the following extracts are taken. "A well known figure at the bar in those days, and many years thereafter, was Mr. Miles. He was very fair in complexion, large and handsome. His reticence gave him a dignity which he never lost. He was laborious and indefatigable. His arguments were long and exhaustive. He stood at the counsel table to talk to the court, and sometimes stood at the witness box, requiring the judge to turn in that direction to face him. His voice was high and sharp and penetrated every part of the room. His manner was earnest and convincing, and to the boyish mind the wonder was that anything more need be said. He continued in active practice for many years and died in Peoria, Ill., in 1877, leaving an honored memory. "Mr. McAllister, of Bellefonte, was an able and industrious lawyer. In professional zeal, energy and prowess he was an Ajax Telamon. He was a member of the constitutional convention of 1873, and brought with him for the fulfillment of the duties of that important office, a deep sense of his own responsibility. Nothing seemed to escape his attention, and no one department of the fundamental law was less worthy of his scrutiny than another. He was often admonished by his brethren that his zeal and labors must sap even his rugged health. He succumbed before the close of the session, and was succeeded by Samuel Calvin, whose name is likewise in this list of original attorneys. "Mr. Calvin, when elected to fill Mr. McAllister's chair, had practically retired from professional duties, and the call to him was opportune, and agree- 168 BLAIR COUNTY HISTORY able to his tastes. He had long been a successful and able lawyer, and was a lawyer, in its highest professional sense. His integrity and honor were his most valued possessions. They were never cheapened by being bartered nor tarnished by his holding them. He tried his cases in the old style. There were no stenographers then and with scrupulous fullness, he wrote down every word uttered by the witness. He had no patience with the stupid witness. His 'Sir, "I don't hear you, sir,' and 'repeat it, sir,' uttered in intimidating tones to the astonished witness, was the delight of the student and young lawyer looking on somewhere in the bar. Few of the present bar knew him and his peculiarities; but some of us here today, remember him as the learned lawyer, a ripe scholar in literature and the classics, and the most warm hearted and genial of gentlemen. It only remains to be said of him, that he was a member of the thirty-first congress in 1851, and was a follower of Henry Carey in his theories of social science. He met Mr. Carey on the floor of the convention and a friendship sprang up between them that lasted during his remaining life. His son, Matthew Calvin, succeeded him at the bar. "Colonel McMurtrie was in this list. He was a close friend of Mr. Calvin. He was for many years the commander of the militia under the old state system, and he mustered his undisciplined forces in the month of May for many years. He was a member of the legislature in 1863. He was long an active practitioner and stood in the bar and community as a man and lawyer of great probity and honor. "Robert L. Johnston, after many years of most active practice, became the president judge of Cambria County. Alex. King became judge of the Bedford and Franklin district, as did also F. M. Kimmell. Job Mann was a member of the twenty-fourth, thirtieth and thirty-first congresses, and state treasurer. Samuel L. Russell was also in the thirty-third congress and a member of the constitutional convention of 1873. A. W. Benedict, of Huntingdon, was a member of the legislature of 1863. John Cresswell was a member of the state senate in 1857, and was speaker of the house in 1889, and Thaddeus Banks, a member of the legislature with John Scott in 1862. Mr. Scott afterwards became a United States Senator, and at the close of his term became the general solicitor of the Pennsylvania Railroad Company. "Ephraim Banks was the auditor general of the state in 1851, and an associate judge of the court of common pleas of Mifflin County. He was a man of great decision of character and of great dignity and worth. On one occasion, on the bench in the trial of a case, he differed from the president judge in his views, and carrying his associate with him, he charged a jury over the head of his chief. "Thaddeus Banks was long conspicuous at the bar and, during his very active career, was prominent in the most noteworthy litigation. He was a man of fine social qualities, and of a warm and generous heart. He was the Democratic candidate for judge against Dean and Taylor in 1871, but was defeated. "Samuel S. Blair commenced a brilliant career a few years after his admission. His introduction to public notice in the celebrated case of Summerville vs. THE LEGAL PROFESSION 169 Jackson continued him in the public eye and brought him to the front. He developed into a strong and learned lawyer, and in all this part of the state he was known for many years as an industrious and able lawyer, facile princeps. He was elected to the thirty-sixth and thirty-seventh congresses. He was succeeded in his office by his son, Mr. John D. Blair. "John Williamson lived to be an octogenarian. Though he lived in Huntingdon, it was his habit for many years to visit this court and participate in the trial cases - mostly in the quarter sessions. His arguments to the jury furnished the most delightful entertainment to his hearers. He was a nervous speaker, but as he progressed he was fluent and accurate. He abounded in both humor and pathos, and won for himself a popularity that long survived his retirement from our midst. "M. D. Mageehan, familiarly known as 'Michael Dan,' with his contemporary, Michael Hasson, came to us from the Cambria Bar. The wit and fancy of those well-known and excellent Irish gentlemen were the admiration of many indulgent friends in their day, and form the effervescent spark of many a story which survives to this hour. "John A. Blodget was a frequent visitor from Bedford, where he practised until he retired. He generally walked from Bedford, and was in his place when Court was called. He was a tall gentleman, dignified yet free and social in his intercourse. He was a man of fine literary taste and attainment. He could write a legal opinion, or a poem, with equal ease. The ludicrous incidents of the bar were often rendered by this versatile gentleman in verse, and I know of no one in all this bar of fifty years of life who was like him, and could make himself so appreciable to his fellows. "Not many years after the organization of the county, came from Bedford, David H. Hofius. His father was a German physician, and coming to this country as a young man, he married, and David was born and educated here, graduating at Franklin and Marshall College. He was, during his short life, for he died in 1859, concerned in nearly all the important litigation of his time. His erect and well apparelled form gave him an imposing appearance. He was a bachelor, but most loyally recognized the claims of society, which then was conspicuous for its refinement and amenities. He was the idol of the people and it was common to hear him extolled as the 'model lawyer.' The moment of his passing came early in his career, and as blindness became from day to day more imminent upon the unhappy man, the writer willingly helped him in his last work till the end came. It was my sad task to pen the sketch which told of his virtues and his frailties, to close his affairs, and place the stone that now marks his resting place. "One more man of the fifty-two remains to be noted, George W. Taylor. He was then 34 years of age and a resident of Huntingdon. He early gave promise of the future jurist. His prosecution of the case of the Commonwealth vs. McConaughy in 1840, and the Flanigans in Cambria County in 1842, on indictments for murder, it was customarily said, drew him from obscurity and established him permanently in the public estimation as a great lawyer. He suc- 170 BLAIR COUNTY HISTORY ceeded Judge Black as president judge, April 5, 1849, and remained upon the bench till November, 1871. He tried many important cases and was widely known in the state and recognized by the supreme court as an able and learned judge. His later years to some extent were given to agricultural pursuits and though of great learning and judicial acumen, he was a man of plain manners and practical sense and wisdom. His prepared opinions disclosed no attempts at useless embellishment, but were simple, plain and strong. They thus furnished no rhetorical entertainment but they addressed the perception of the mind and left it overwhelmed with conviction. He was a man of very social habit. In the old court house it was his daily custom to linger at the stove, or some other gathering place with McMurtrie, Calvin, Scott, Dean, Hewit and others of us around him to listen to his many stories of people and things, till, in many instances, suitors, jurors, and counsel had noted a lost half hour by the clock. But when he ascended to the bench the familiarity of the social intercourse just related was left behind and as his eye swept the bar and the crowded spaces beyond, he was again the 'judge' and the dignity and power of the law seemed to cover him as with a garment. "In closing these reminiscences of the first lawyers, I cannot omit mention of George Coffey, though he was not one of the original members. He came from the ministry to the bar about 1850. He was then in full possession of developed mental power and learning. He was gifted, unique and brilliant. He was a scholar, an orator, a lawyer, though he had not the time to become a great lawyer. He was cultured, social and admired. His conversational powers were a delight to all who knew him and won him a welcome everywhere. This faculty, and it was the chief of his gifts, never seemed to desert him. His cordial reception of the writer at his bedside, not many days before his death, and his pleasant, cheerful conversation though, under the sad circumstances of a fatal illness, seemed to show it would abide till the end. He died in Philadelphia, whither he went in 1861, to accept the appointment of United States District Attorney from President Lincoln. "Under the constitution of that date, laymen were appointed, afterwards elected, associate judges. They sat with the president judge and formed an important adjunct of the court. The first of this class of judges were George R. McFarlane and Daniel McConnell. The latter was a man of strong mind and great practical intelligence and enjoyed the confidence of all who knew him. Judge McFarlane was then, and had been for years, a well-known man. He was the proprietor of a foundry and machine works in this town, and evinced great energy and uprightness in his business. He was engaged in many schemes of social reform and enjoyed a notoriety through all the neighboring counties. He was greatly loved by many, and respected by all who knew him. His untimely death - the result of an accident in his foundry in 1852 - was deeply mourned by the entire community, and inflicted upon it a loss felt for many years. "In all the county has had nineteen associate judges. The constitution of 1873 dispensed with them by making this county a single judicial district. Davis THE LEGAL PROFESSION 171 Brooke succeeded Judge McConnell in January, 1848. Judge Brooke was a man of fine personal appearance and great dignity. His snow white hair was in pleasing contrast with his florid complexion. The conventional black dress of that day, admirably supplemented those evidences of his advanced age, and harmoniously accompanied the striking appearance of his chief, Judge Black. . . . "There have been but five judges since the organization of the county. Judge J. S. Black was the first to occupy the bench. He was succeeded by George Taylor and he by John Dean for two consecutive terms. In March, 1892, he was elected a justice of the supreme court and was succeeded in the court by the writer, who served until the election of the present incumbent, Martin Bell. Mr. Bell was the district attorney from January, 1887, to January, 1890. . . . "Of the original members of the bar in this county, not one survives, unless I except Mr. Coffey, now a resident in Washington, D. C. Of the subsequent additions, many moved away. Some never came into prominence, whilst others became conspicuous, either as practitioners or as incumbents of public office. "In March, 1890, Mr. Calvin died, and he was followed by Mr. S. M. Woodcock, in February; Mr. H. H. Herr, in October; and Mr. S. S. Blair, in December of the same year. This was regarded as an unusual mortality. Mr. Banks and Mr. McMurtrie both died in 1880, whilst Mr. Cresswell, their contemporary, died in 1882, and Mr. Brotherline, in 1879. Mr. Hewit died after a very short illness in March, 1894, and Mr. Baldridge died suddenly in March, 1895. . . . Both Mr. Hewit and Mr. Baldridge were prominent members of the bar, and enjoyed the public confidence to a large degree. Mr. Hewit was a gentleman of great political ambition. He was district attorney for two terms, and was a member of the legislature in 1871, 1879, 1881 and 1893, and speaker of the house in 1881. He was succeeded in his office by his son, Oliver H. Hewit. "L. W. Hall was for many years an active practitioner at this bar, and whilst here was elected to the senate, of which body he was speaker in 1867. He since removed to Harrisburg, where he now resides and practices. He is the resident attorney of the Pennsylvania Railroad Company in Dauphin County. "J. F. Milliken was colonel of the Fifth Regiment and district attorney of the county from 1874 to 1877. It was during his term that the extraordinarily large number of prosecutions was brought for violation of the liquor law. The railroad rioters were prosecuted during the last year of his term. He afterwards went to Egypt, but now resides in New York. "Mr. Alexander was the district attorney who preceded him. He was long known as the senior partner in the law firm of Alexander & Herr. Within the last year he removed to Lancaster. Thomas McCamant became the auditor-general of the state in 1888 and now resides in Harrisburg. Edmund Shaw, a prominent member of the bar, and a union soldier in the late war, was a member of the legislature for the terms of 1885 and 1887. Mr. G. H. Spang removed to this county from Bedford in 1883. He was elected to the legislature from that county in 1875 and 1877. J. D. Hicks came to the bar in 1873, after the close 172 BLAIR COUNTY HISTORY of the war, in which he served as a union soldier. He was district attorney from 1880 to 1886. In the fall of 1892, he was elected a member of congress from this congressional district, and reelected in 1894. J. K. Patterson was elected to the legislature in 1894. W. S. Hammond is the present district attorney, having just entered upon his second term. "The other older and prominent members of the bar are: Andrew Riley, one of the solicitors of the Pennsylvania Railroad Company; Thomas H. Greevy, N. P. Mervine, J. S. Leisenring, E. H. Flick, W. L. Woodcock, W. I. Woodcock, A. A. Stevens, A. V. Dively, W. L. Hicks and W. L. Pascoe. . . . "The present prothonotary is Jesse L. Hartman, an urbane and efficient officer. Two deputy prothonotaries are worthy of special notice. Stephen Africa came here in 1850 and remained till about 1870. He was a most competent officer, understanding fully the intricate methods and details of the office. His preparations for the quarterly terms embraced, among other things, the making of a dozen or two quill pens, which his skill alone could accomplish. These were laid out for the judges, counsel and jurors. A steel pen was not yet in favor though now extremes have met in the stylus of the ancient and the steel of the modern. "The other deputy referred to is Mr. Cornelius D. Bowers. He came here from Philadelphia, and is fifty-eight years old. He has been a printer by profession and was an honorably discharged and wounded soldier in the Eighty-Fourth Regiment of this state. He has spent twenty-eight years of his life in the recorder's and prothonotary's office. He is familiar with all the duties of his present position, and by his courtesy and faithfulness he has won the confidence of the court and the bar and the respect of the public. Mr. Jonas Rollins, now deceased, was for nineteen years crier of the court and the librarian. He was a most intelligent and obliging officer and gentleman. The present recorder and register of wills is Mr. William H. Irwin. The sheriff is G. T. Bell with his deputies, I. N. Eby and W. A. Smith. The county commissioners are James Funk, M. H. Fagley, and John Hurd. The county treasurer is John T. Akers." Jesse C. Sell, in his "Twentieth Century History of Altoona and Blair County" published in 1911, summarizes the services and characters of the president judges of Blair County up to that time as follows. "Of the six judges who have presided over the courts of Blair County since its creation, nearly sixty-four years ago, two were Democrats, one was a Whig and three Republicans. Judge Black was a Democrat of the Jacksonian type and, as the Tribune remarked the other day, was able to render the country substantial service at a later day when a member of President Buchanan's cabinet. Judge Taylor served as district attorney before his elevation to the bench. He never aspired to any other office and was a Republican during the closing years of his life. Judge Landis was an honored member of the convention which framed the present constitution before he became judge. Judge Dean went from the district attorney's office to the bench and later, as our readers know, was elected associate justice of the supreme court. Judge Bell likewise served as THE LEGAL PROFESSION 173 district attorney previous to his elevation to the bench. Judge Baldrige never held any other office and had all the possibilities before him. "Judge Taylor made his reputation while serving as district attorney of Huntingdon County. A peculiarly atrocious crime gave him his opportunity. Several members of one family were murdered from the father and mother down to the youngest child. A man named Robert McConaghy, married to one of the daughters of the family, we believe, was arrested on suspicion of having committed the crime. District Attorney Taylor wove so convincing a web of circumstantial evidence around the suspected man that the jury found him guilty of murder in the first degree. The speech of the district attorney was long regarded as one of the most powerful arraignments of a criminal ever made in a court of justice, tracing as it did the course of the murderer from the inception of his crime until its consummation. Joseph Shannon, who spent the closing years of his life in this county, was sheriff of Huntingdon County and had charge of the execution. The murderer protested his innocence to the last. The drop fell and the rope broke. Then he told the whole story of his bloody deed, the narrative showing how truly District Attorney Taylor had conceived the actual facts." An excellent review of the early important cases disputed before our courts, is available from Judge Landis' account of the "History of the Bar." It follows in part. "The first record of a case tried was that of Matthew Miller vs. Henry Burt, assumpsit, with a verdict 20th October, 1846, for plaintiff of $139.45. The first record of an action of ejectment was that of James Stevens vs. J. Helfnitter, in which there was on the 20th of October, 1846, a verdict for plaintiff. During that same week five cases were tried and one non-suit entered after the jury was sworn. Names of counsels are not given. The first divorce suit was brought by Mary Armstrong against her erring and delinquent husband, John. Mr. Coffey conducted the case and obtained for Mary the coveted decree. The first execution was issued by James Murty vs. John Dougherty to obtain $23.75 and costs. The sheriff does not seem to have ever returned his writ. The first case in which was made a motion for a new trial was in Bride & McKeehan vs. Zachariah G. Brown, No. 23, August term, 1843, brought from Huntingdon County. The verdict was for the plaintiff for $663.53, and Mr. Brown's dissatisfaction is expressed by his motion for a new trial. Judge Black was possibly no more favorable to retrials than modern judges, and the motion was refused. Mr. Brown was in his day a well-known citizen and litigant. The first auditor appointed was Titian J. Coffey, on the 2nd day of January, 1847. This method of adjudicating many questions arising in the settlement of estates and distribution of moneys has grown in favor, and is employed with frequency and with convenience to the court and bar to this time. "In the criminal department of the court there have been interesting cases, which, at the time of their disposition, elicited great professional as well as public attention. I recall some of them. In June, 1855, a negro slave ran away 174 BLAIR COUNTY HISTORY from his master in Virginia, Mr. James Parsons. He reached this town on his way to Canada, but was closely followed by Mr. Parsons. As the negro entered a car early one morning to cross the mountain on the Old Portage Railroad he was discovered by Mr. Parsons, who entered the car at the other end at the same time. The negro instantly fled, pursued by Parsons, who caught him in Gaysport and brought him down to a point near the present Kellerman House. This occurrence produced great excitement. The entire colored population was aroused and those staunch Democrats, General George W. Potts, Major J. R. Crawford and Colonel John Piper, with other prominent white citizens, at once came to the aid of the slave and, under the guidance of Snyder Carr, colored barber, and others of his race, the fugitive was taken in charge and spirited away, so that he was seen no more. Parsons, however, was arrested upon the charge of kidnapping, assault and battery and breach of the peace and bound over to appear at the July sessions. Bills were found by the grand jury, but the trials were continued to the October sessions. At the appointed time, Parsons appeared with his counsel, Charles J. Faulkner and J. Randolph Tucker, appointed by the governor of Virginia. After the commonwealth had progressed in the trial Mr. Hammond, the district attorney, by leave of the courts, took non-suits and the prisoner was released. At this time, in view of the fugitive slave law, public feeling ran very high and runaway slaves all over the north were aided by the whites in their attempted escapes. Besides, the appearance of such eminent counsel sent by the great commonwealth of Virginia, gave the occurrence a significance and an eclat entirely exceptional in the history of the bar. "Since the organization of this county there have been found by the grand jury forty-one indictments for murder. Of these, four were found guilty of murder in the first degree. The others were either acquitted or convicted of manslaughter or murder in the second degree. The four who were convicted of murder in the first degree were: Alexander Hutchinson, killing a negro; James Shirley, killing his wife; David S. McKim, killing his young traveling companion, George Norcross, and Dr. Lewis U. Beach, killing his wife. "Hutchinson's case had a most unusual conclusion. He was convicted at the December sessions, 1850, near the close of Governor W. F. Johnston's official term. For some reason not explained, the warrant for the prisoner's execution was not issued by the governor before his term expired. Governor William Bigler succeeded him, and when his attention was called to the case, either for supposed legal reasons or from scruples of conscience, he declined to issue his warrant of death. Hutchinson remained a long time about the prison, helping in the daily work and going freely about the town, refusing to leave. One day, however, he went quietly away, no man pursuing, and he died some years later in an eastern county. "Shirley was hanged in 1853 and his was the first capital execution. George A. Coffey was the prosecuting attorney, having been deputized by Joseph Kemp, who was the district attorney. McKim's case attracted a great deal of attention. THE LEGAL PROFESSION 175 He had traveled to Altoona with young Norcross, a stranger here, won his confidence, beguiled him into leaving the train and going a short distance west of the town, where, to obtain the little money he learned from him he possessed, he cruelly murdered him. The prosecution was conducted by Mr. Hammond and William A. Stoke, then an eminent and able lawyer, employed by the Pennsylvania Railroad Company. The defendant relied upon Mr. Hofius. McKim was a large, fine- looking man, and seemed incapable of committing such a crime. The jury on the 7th of May, 1857, convicted him, and he was executed on the 21st of August following. "The most celebrated, however, of the homicide cases of the county was the indictment and conviction of Dr. Beach. He was a practicing physician in Altoona, where he lived with his wife, but had no children. One morning, at an early hour, in the winter of 1884, he called at the house of Levi Knott, the brother of his wife, and informed him that he had killed his wife, but protested he had done the deed without present knowledge of the act. He was arrested and tried during that year and was convicted. Mr. Spang, Mr. Stevens and the writer defended him, the latter two by the direction of the court. The defense was insanity and the proof showed that twelve of his blood relatives were either idiotic or insane, furnishing the argument that there was a hereditary taint or predisposition. Counsel for the defense asked the court to rule that, if the jury had a doubt as to his sanity, it should operate to reduce the grade of the offense to murder in the second degree. Judge Dean refused the point. Counsel endeavored to have the case reviewed by the supreme court, but the preliminary requisites could not be compiled with and the judgment of the court was carried into effect on the 12th of February, 1885. We might add that there has been a fifth conviction of murder in the first degree, in the case of Commonwealth vs. Frank Wilson. As the case is still pending, we forbear to note it further. "Many other criminal prosecutions have been tried, which at the time engaged able counsel and elicited more than ordinary attention, but we do not find it necessary to particularize. In 1874, we had the railroad riots in Altoona and along the line of the railroad to Pittsburgh. These gave rise to numerous prosecutions and the conviction of many persons engaged in those lawless and turbulent acts. These prosecutions were tried at the first court held in the present Court house, which had just been completed and dedicated with the formal ceremonies reported and filed among the records of the court. It was on this occasion that Judge Dean delivered the address referred to in this history and Judge Black was present for the last time in the county seat. "A great many civil cases have been tried, and some of them conspicuously memorable. The case of Summerville vs. Jackson, tried in 1849, was perhaps the first of that class. It was an action of ejectment to recover the possession of about 160 acres of land near Gaysport. The case turned mainly upon the question of fraud in defendant's acquisition of his title, and the jury found with the plaintiff. The judgment was affirmed in the supreme court in 1850. Mr. Miles 176 BLAIR COUNTY HISTORY represented the defendant and Mr. Blair and Mr. Thaddeus Stevens the plaintiffs. It is said Mr. Blair's triumph in this case secured him his subsequent professional success and eminence as a lawyer. Though Mr. Stevens has acquired his greatest renown since that date, he was then distinguished for great professional ability. The writer, then a boy, remembers the peroration of his argument in this case. As he stood before the jury, he was tall and imposing, his appearance and his face, though white with impassioned feeling, impressed the possession of great intellect. He spoke in low and solemn tones, and he depicted so darkly what he denominated as the fraud in the case that he seemed to bring the jury under the spell of an unnatural power, and left them terrified and bound. "The case of Rauch vs. Lloyd & Hill was long a familiar case. Little Charley Rauch, a boy of five years of age, crawled under the defendant's car at the crossing, going for shavings for his mother. Whilst under the cars, defendant's servants moved the train and his legs were cut off. Mr. Blair and Mr. Banks were their respective counsel. There was long protracted litigation both in this and the supreme court, but the case was finally settled. "Farrell vs. Lloyd was also long a famous case. It arose upon the question whether there was a resulting trust in the purchase of land, and knowledge by the vendee. In the name of Farrell vs. Lloyd and Lloyd vs. Lynch it was tried several times in the court below, and was four times in the supreme court. Messrs. Hall and Neff appeared for Farrell and Lynch and for Lloyd, Mr. Blair. With the latter gentleman, later, other counsel was associated. "Another case was Louden at al. vs. Blair Iron and Coal Company. It was tried three times below, and argued twice in the supreme court - the judgment for plaintiff being there first reversed and finally affirmed. It was an action of trespass for removing ore from plaintiff's land. The verdict was for about $14,000. "The case involving the largest amount of money was the suit brought by James Gardner for use vs. John Lloyd. The defendant was one of a large number of persons, who had entered into a written guaranty that William M. Lloyd, a suspended banker, would comply with the terms of a settlement by extension of time, and pay the creditors certain sums periodically as therein stipulated. The aggregate of these guarantees was $425,000, and the suit against Mr. Lloyd was a test suit. The defense was, that true it was, the signers of the paper had offered to guarantee the faithful performance of the terms of extension entered into by W. M. Lloyd, but there had been no formal acceptance of the offer by the creditors and, lacking that element of completeness to give it binding efficacy, there could be no recovery. About two weeks were consumed in the trial. The preparation of the case was one of unparalleled extent. There were over twelve hundred creditors of Lloyd and the notices, exhibits and other papers in the case, many of which were printed, numbered over a thousand, and all this prodigious labor was performed mainly by the late George M. Reade, of Ebensburg. It seemed to suit his indefatigable nature. Mr. Blair, Mr. Neff and Mr. THE LEGAL PROFESSION 177 Baldrige represented the defendant, and with Mr. Reade for the plaintiff, were associated the late Mr. Speer, of Huntingdon; Judge Bell and myself. It only remains to be said Judge Dean affirmed the principle invoked by the defendant and so instructed the jury. We carried the case to the supreme court, but that tribunal affirmed the judgment. "There have been other important suits, among which were actions affecting the interests of the Pennsylvania Railroad Company, the Wopsononock Railroad Company and the City of Altoona. Among the latter was the case of the City vs. Bowman, involving the legality of the passage of an ordinance. It was finally decided against the city, causing a municipal loss of over $200,000. But we will not pursue this branch of our review further. "The legal business of the county has grown with the increase of population. Especially has this been the case during the period elapsing since Judge Dean's historical address in 1877. Beginning with January of that year and ending with the January term of the current year (1896), there have been entered suits and judgments, 48,513. Of these, the largest number was in 1894 - 3,816. The present practise of monthly return days, with the requirements of the new procedure act, has greatly facilitated the dispatch of business. There was no equity practice till 1865. Since that time there have been filed 256 bills, of which the greatest number, twenty-eight, were filed in 1893. The increased litigation has compelled longer sessions of court, and during the past two years, the court has sat about 140 days in each year. Names of men admitted to the practise of law at the Blair County Bar, since the organization of the county, have appeared in earlier histories. Since it is the purpose of this publication to bring forth as much new and hitherto unpublished material as possible, some of the leading younger members of the bar will be considered. An exceptional number of young men have entered the profession, particularly since the World War. Among them are Homer I. Smith, of the firm of Scheeline & Smith. The latter is a graduate of the law school of the University of Pennsylvania and was admitted to practise in 1916. The World War intervened, and he entered the service of the United States. Afterwards he engaged in business until 1920 when he became a member of the law firm. Since then he has been engaged in general practise. G. Nevin Dively had practised for five years in Altoona and is a leader among the younger members of the profession. Before pursuing a legal course at Dickinson Law School, Carlisle, he served in the World War. Charles R. Mallery, for fifteen years a practitioner at the Blair County Bar, with offices in Altoona, served as First Lieutenant of Field Artillery during the late war. He graduated at the University of Pennsylvania Law School and was then admitted to practise at the Philadelphia Bar in 1913. After the war he built up a large practise in Altoona and is attorney for the State Capitol Building and Loan Association. J. Calvin Lang, Jr., a Hollidaysburg attorney, is rapidly becoming a leader among the younger members at the bar. He was educated at the law school of 178 BLAIR COUNTY HISTORY the University of Pennsylvania, from which institution he graduated in 1916. During the World War he served for a year and a half with the American Expeditionary Forces. Upon completing his service there he returned to Blair County and since then has become an outstanding leader in his profession. He is solicitor for Hollidaysburg and has been appointed Blair County Referee in Bankruptcy, in addition to maintaining a large general practise. Another of the younger lawyers is David Perry, a member of the firm of Kurtz & Perry, who served during the World War in France and Italy. In 1921, he graduated from the Dickinson Law School, Carlisle, and was then admitted to the bar. Harry E. Clarke, also a graduate of the Dickinson Law School, began practise in Altoona after his graduation and admission to the Blair County Bar in 1922. He served in France during the late war and was wounded in action on the Aisne-Marne front. Major Benjamin Charles Jones, of Tyrone, has had a phenomenal rise in the legal profession. A graduate of Princeton University, he studied extensively at the University of Paris and later at the University of Pennsylvania Law School, where he completed his formal legal training. His activities during the World War were so notable and of such high order that he rose from the rank of lieutenant to major and was cited for bravery in action. The wide scope of his activities since returning from the service make him a useful and eminent member of the bar. He was instructor in economics at the University of Pennsylvania in 1920, in law at the same University in the following year, and in 1922 and 1923, taught at the associated law schools of Temple University and Drexel Institute, Philadelphia. In 1925, he opened his offices in Tyrone where he has become increasingly active. In addition to his practise he is president of the Herald Publishing Company of Tyrone. Paul E. Beaver, a native of Blair County, has been a member of the local bar since his graduation from the Dickinson Law School in 1921. His practise is extensive and he is rapidly coming to the front in his profession. Patrick E. O'Leary has a large general practise in Altoona since his admission to the Blair County Bar in 1928. As an undergraduate he studied at Duquesne University in Pittsburgh and gleaned much helpful information and experience there, where he was title examiner for the Potter Title & Trust Company, before completing his law course. In 1927, he was admitted to practise before the Allegheny County Bar and since then to the United States District Court and the Superior and Supreme Courts of Pennsylvania. W. Frank Vaughn and his son, Kenneth B. Vaughn, form the firm of Vaughn & Vaughn. The former has developed a large law practise in Altoona over a period of thirty-five years. He read law under Milton Alexander and became a partner of the latter after being admitted to the bar in 1895. When Alexander moved to Lancaster the elder Vaughn succeeded to his local practise. This became so extensive that Kenneth B. Vaughn, the son, became associated with his father in 1917 after pursuing a law course at Dickinson Law School. Mitchell McCartney graduated from the Harvard Law School in 1922 and THE LEGAL PROFESSION 179 in 1923 studied in the graduate school of Columbia University. In 1925, he was admitted to the Blair County Bar and since then has been developing an enviable practise in Altoona. Samuel H. Jubelirer is another of the leading younger lawyers of Altoona. He is a graduate of the law school of the University of Pittsburgh and since his admission to the bar, in 1925, has been engaged in following his profession here. Paul J. Smith, of the University of Michigan Law School, is one of the newest additions to the local bar. Since 1929, he has become active in the general practise of law. Charles A. Auker became a member of the Blair County Bar in 1925 after first completing a law course at Dickinson Law School. His activity in the profession has made him one of the outstanding younger lawyers. Robert D. Lorenz, of Roaring Spring, is a leader in his profession in the vicinity of that borough. After graduating from the law school of Yale University in 1913, he came to Roaring Spring where he immediately became an active, progressive citizen. He is the present solicitor for the borough and enjoys the confidence and patronage of a great many of his fellow citizens. Angelo A. Santello, a native of Italy, is rapidly forging to the front rank among Blair County lawyers. He graduated from the Harvard Law School in 1927 and then spent two years in practise with John J. Haberstroh, of Altoona. His services were sought after to such an extent that he entered general practise himself. Charles M. Kurtz, Altoona lawyer, has created an enviable place for himself among the members of the bar since his admission in 1910, after graduating from the Dickinson Law School. He is widely known as a solicitor and represents many of the larger firms in the city and county in that capacity. He is one of the foremost leaders of our county bar. Isaiah Scheeline, member of a family identified with most of the progressive movements for civic improvement and welfare in the city, was admitted to the bar in 1902. His general practise is extensive and he is closely allied with many of the financial organizations of Altoona. The only woman member of the Blair County Bar is Miss Ruth Forsth, of Altoona. She was graduated from the law school of the University of Pittsburgh, in 1927, and admitted to practise at the Blair County Bar in the same year. Before entering the legal profession Miss Forsth led an active business career and since locating in Altoona as a lawyer, she has identified herself with many progressive movements of the city and county. Her activities are particularly directed toward the development of the Republican Party in the county and she was most effective in her work in the gubernatorial campaign in 1930. Of the older leaders of the profession in the county, J. Foster Meck, who has practised in Altoona since 1898, is one of the most outstanding. Before being admitted to the bar he read law in the offices of Craig & Bowers and then was court reporter for twenty years. In the affairs of the city he was prominently 180 BLAIR COUNTY HISTORY identified with the school board, of which he was a member, and with the city council. Hays W. Culp is perhaps the foremost leader of the local bar. He has been a lawyer in Altoona for thirty years and was admitted to the bar in 1896, after reading law in the offices of H. M. Baldrige, at Hollidaysburg. Edward H. Flick has assumed a prominent place in the legal profession of the county and state. He is a leader of the Democratic Party, a reformer and actively connected with movements for social and economic betterment, particularly among the laboring classes. He studied in the law offices of A. V. Barker, at Ebensburg, Cambria County, and was admitted to the bar there in 1883. In 1889, he was admitted to practise before the Supreme Court of Pennsylvania. He is city solicitor for Altoona and counsel for the Brotherhood of Railroad Trainmen and other labor organizations. In Hollidaysburg, William I. Woodcock and Benjamin Franklin Warfel are leading attorneys. The former read law in the offices of W. Lee Woodcock and was admitted to the bar in 1877. He is now a veteran member and one of the eminent leaders of the profession. Benjamin Franklin Warfel studied in W. I. Woodcock's offices in Hollidaysburg and was admitted to practise at the Blair County Bar in 1900. He imbibed much from the experience of Mr. Woodcock, and through his own activities coupled with the wise direction of his mentor he has become a prominent member of the profession in the county and state. Mr. Warfel is now President of the Blair County Bar Association, has served as burgess of Hollidaysburg, and is solicitor for the board of county commissioners, Duncansville Building and Loan Association, Morrison's Cove Bank at Martinsburg, Farmers' Bank of Woodbury and for other townships, districts and boroughs. Judge Thomas J. Baldrige is a member of the legal profession from our county who has had a distinguished career on the bench. He succeeded Judge Martin Bell on January 15, 1910, and continued as President Judge of the Blair County Courts until January 18, 1927, when he was chosen by Governor Fisher to be Attorney- General of Pennsylvania. After two years he resigned from the latter position to accept an appointment to the Superior Court of the State. His decisions have always been marked by careful analyses of the data presented, and he is known for his high judicial standards throughout the state. Always just, scholarly and sympathetic, Judge Baldrige, who is a comparatively young man, still under sixty years of age, has a great future before him. When be became President Judge of the Blair County Courts he had the unusual record of never having held public office previously, and had not engaged himself in business or civic enterprises that would in any way influence his position and decisions when presiding over the courts. During the administration of the late Governor Martin G. Brumbaugh, Judge Baldrige served with Honorable John Marshall Gest and Honorable George E. Alter, on a Commission to Revise the Orphans' Court Laws and Laws on Decedents' Estates in Pennsylvania. The Honorable Thomas C. Hare succeeded Judge Baldrige for the unexpired THE LEGAL PROFESSION 181 term from January 25, 1927, to January, 1928. Marion D. Patterson was elected President Judge of the Blair County Courts in 1927 and took his position on the bench on January 2, 1928. Judge Patterson was admitted to the bar of Blair County in 1904, and for sixteen years served as district attorney before becoming judge. In addition he was at one time Referee in Bankruptcy for Blair County and solicitor for the boroughs of Williamsburg, Martinsburg and Hollidaysburg.