HISTORY: Warner Beers, 1886, Part 2, Chapter 7, Cumberland County, PA Contributed for use in the USGenWeb Archives by Judy Bookwalter Copyright 2009. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/cumberland/ ______________________________________________________________________ History of Cumberland and Adams Counties, Pennsylvania. Containing History of the Counties, Their Townships, Towns, Villages, Schools, Churches, Industries, Etc.; Portraits of Early Settlers and Prominent Men; Biographies; History of Pennsylvania; Statistical and Miscellaneous Matter, Etc., Etc. Illustrated. Chicago: Warner, Beers & Co., 1886. http://www.usgwarchives.net/pa/cumberland/beers/beers.htm ______________________________________________________________________ PART II. HISTORY OF CUMBERLAND COUNTY. PENNSYLVANIA. CHAPTER VII. COURTS - COUNTY OFFICIALS - MEMBERS OF CONGRESS, SENATORS AND ASSEMBLY- MEN. DURING nearly 100 years succeeding the settlement of Pennsylvania," says a writer in 1879, "few of our judges understood the principles of the law, or knew anything about its practice before their appointment. Our county courts were presided over by the justices of the peace of the respective counties, all of whom were ex officio judges of the courts of common pleas and quarter sessions of the peace, any three of whom were a quorum to transact 131 HISTORY OF CUMBERLAND COUNTY. business. At the same time the provincial council and the high court of errors and appeals, which was presided over by the governor of the province for the time being, very frequently had not a lawyer in it. And yet the business of that day was done, and well done, too. The judges were generally selected because of their well-known integrity of character, extended business experience and sound common sense, and by close observation and long experience became well acquainted with the duties of their positions and fitted to adjudicate the important interests committed to their charge. Nor was the bar inferior. Gentlemen, eminent for their legal abilities and oratorical powers, practiced before them, and by the gravity of their demeanor and respectful behavior shed luster upon the proceedings and gave weight and influence to the decisions rendered. Great regard was had for the dignity of the court, and great reverence felt for forms and ceremonies; and woe to the unlucky wight who was caught in a 'contempt,' or convicted of speaking disrespectfully of the magistrate or of his sovereign lord - the king." The usual form of record at the opening of court may be seen in the following: At a court of common pleas held at Carlisle, for Cumberland County, the Twenty-third day of July, in the fifth year of the Reign of our Sovereign Lord, George the Third, by the Grace of God of Great Britain, France and Ireland, King, Defender of the Faith, &c., and in the Year of our Lord One Thousand Seven hundred & sixty-five, before John Armstrong, Esq., and his Associate Justices, &c., of the Same Court. As a matter of necessity the first courts in Cumberland County were held at Shippensburg, it being then the only town in the valley (1750) and therefore the only place which could accommodate those who gathered at court. By a commission dated March 10, 1750, the following persons were appointed justices of the peace and of common pleas in Cumberland County: Samuel Smith, of Carlisle; William Maxwell, of Peters; George Croghan, of East Pennsborough; Robert Dunning, of West Pennsborough; Matthew Dill and Benj. Chambers, of Antrim; Wm. Trent, of Middleton; Wm. Allison, of Antrim; Hermanus Alricks, of Carlisle; John Miller, of West Pennsborough; Robert Chambers, of Hopewell; John Finley, of Lurgan; and Thomas Wilson, of Middleton. Samuel Smith was president of the court. He had previously been a member of the Assembly, sheriff and justice of the peace in Lancaster County. He was succeeded by Francis West in 1797. The date of the first court held at Shippensburg was "the twenty- fourth day of July, in the twentieth year of the reign of his Majesty King George the Second, Annoque Domini 1750." The last at that place was held in April, 1751. John Potter, who had come to America in 1741 and settled "in the neighborhood of Shippen's farm," now Shippensburg, as early as 1746 or earlier, had been appointed sheriff,* and on the original organization of the county returned the writ of venire which had been directed to him with the panel annexed, and the following persons were sworn as grand jurors: Wm. Magaw, John Potter, John Mitchell, John Davison, Ezekiel Dunning, John Holliday, James Lindley, Adam Hoops, John Forsyth, Thomas Brown, George Brown, John Reynolds, Robert Harris, Thos. Urie, Charles Murray, James Brown and Robert Meek. The record of this first session of the court shows also that "Hermanus Alricks, esq., produced to the court a commission under the hand of the Hon. James Hamilton, Esq., governor, and the great seal of the province, appointing him clerk of the peace of the county of Cumberland, and the same was read and allowed and ordered to be recorded." The beauty- *Mr. Potter was twice sheriff, his commissions bearing date October 6, 1750, and October, 1754. His son, James, was a lieutenant in the militia, and a captain in Armstrong's Kittanning, expired in 1756. He removed to what is now Centre County in 1772, and became distinguished both in military and civil circles. 132 HISTORY OF CUMBERLAND COUNTY. ful penmanship of Mr. Aldricks is as plain to-day on the old records as it was when written. The first court of common pleas and the criminal courts were, by order of the Governor, first held at Carlisle, July 23, 1751, and under the above named justices, and were held at that place regularly afterward. "The orphans' court, however, for four or five years remained unfixed to any one place, and is said to have followed the persons of the judges." The justices were intended to be appointed at least one from each township, and out of the number some one was commissioned to act as president. On account of some existing vacancies in the county, the Governor, in October, 1764, appointed a new board of justices, consisting of John Armstrong, James Galbreath, John Byers, Wm. Smith (superseded January 15, 1766, for participation in the affair at Fort Loudon), John McKnight, James Carothers, Hermanus Alricks, Adam Hoop, Francis Campbell, John Reynolds, Jonathan Hoge, Robt. Miller, Wm. Lyon, Robt. Callender, Andrew Calhoun, James Maxwell, Samuel Perry, John Homes and John Allison. These were reappointed in 1769, together with some others outside the present limits of the county, except, perhaps, John Agnew and Turbutt Francis. John Holmes was appointed sheriff, and James Jack, coroner, in 1765, and in October, 1768, David Hoge was appointed sheriff, and William Denny, coroner (these appointments made by the Governor upon returns of election to him). August 16, 1765, at a court of oyer and terminer, before Alex. Steadman, of the supreme court, and John Armstrong and James Galbreath, Esqs., John Money was tried and executed for the robbery and murder of a man named Musselman, near New Kingston. The courts of the county have been called upon to try a number of murder cases, and several legal executions for murder have occurred in the county. A case in the first court held at Shippensburg was recorded as follows: Dominus Rex Sur Indictmt. For Larceny, not guilty & now ye vs. deft ret her pl and submits to ye Ct. and Bridget Hagen. thereupon it is considered by the Court and adjudged that ye sd Bridget Hagen restore the sum of six pounds seventeen shillings & six pence lawful money of Penna. unto Jacob Long ye owner and make fine to ye governor in ye like sum and pay ye costs of prosecution & receive fifteen lashes on her bare back at ye Public Whipping post & stand committed till ye fine & fees are paid. The whipping post was, with the stocks and pillory, on the square near the court house. Generally in the sentence where a culprit was to receive lashes they were to be "well laid on," as in the case of Wm. Anderson, convicted of felony at the January term in 1751. Whipping was the ordinary mode of punishment, and probably the executioner used his lash with telling effect. In the court of quarter sessions for July 1753, sixteen bills were presented to the grand jury against a number of persons "for conveying spurious liquor to the Indians out of the inhabited portion of this province." The jury ignored most of them. As a writer says: "To the noble red man civilization had already become a failure." Cases of imprisonment for debt occupied the time and attention of the early courts and lawyers, as page after page of the common pleas record testifies. Entries like the following are by no means uncommon: Upon reading the petition of A. B., a prisoner under execution in the public gaol of this county, to the court, it is therefore ordered by the Court that the petitioner notify his creditors to appear the ___ day of ___ next, and now (same date) the Court ordered the above petitioner to be brought into court; and now, being brought into court, the Court do thereupon remand him, the said A. B., to the public gaol. BY THE COURT. 133 HISTORY OF CUMBERLAND COUNTY. Portrait of John A. Ahl 134 HISTORY OF CUMBERLAND COUNTY. Blank Page. 135 HISTORY OF CUMBERLAND COUNTY. Sometimes it was so arranged that the prisoner was discharged, or occasionally sold or bound to some one to work out the amount of his indebtedness, the person having advanced the same to the creditors. COUNTY OFFICIALS. Clerks of Quarter Sessions. - 1789, Samuel Postlethwaite; 1794, John Lyon; 1798, F. J. Haller; 1809, Charles Bovard. Clerks Orphans' Court, Registers of Wills and Recorders of Deeds. - John Creigh, appointed April 7, 1777; resigned February 9, 1779, and succeeded February 13, by William Lyon, who was also appointed to receive subscriptions for the State loan. Mr. Lyon was also in 1777-79 Clerk of oyer and terminer, and prothonotary. Clerks Orphans' Courts, Oyer and Terminer, and Prothonotaries. - 1798, William Lyon; 1809, William Ramsey; 1816, Robert McCoy. Prothonotaries. - 1750-70, Hermanus Alricks, Turbutt Francis, John Agnew; 1777, Wm. Lyon; 1820, B. Aughinbaugh; 1823, John P. Helfenstein; 1826, R. McCoy; 1828, Willis Foulke; 1829, John Harper; 1835, George Fleming; 1839, George Sanderson; 1842, Thomas H. Criswell; 1845, William M. Beetem; 1848, James F. Lamberton; 1851, George Zinn, Jr.; 1854, Daniel K. Noell; 1857, Philip Quigley; 1860, Benjamin Duke; 1863, Samuel Shireman; 1866, John P. Brindle 1869, Wm. V. Cavanaugh; 1872, David W. Worst; 1875, John M. Wallace; 1878, Robert M. Graham; 1881, James A. Sibbet; 1884, Lewis Masonheimer. Registers and Recorders. - 1798, George Kline; 1804, Francis Gibson; 1809, George Kline; 1816, William Line; 1820, F. Sharretts: 1823-28, J. Hendell; 1829, John Irvine. Registers (only). - 1834, James G. Oliver; 1835, Wm. Line; 1839, Isaac Angney; 1842, Jacob Bretz; 1845, James McCulloch; 1848, Wm. Gould; 1851, A. L. Sponsler; 1854, Wm. Lytle; 1857, Samuel M. Emminger; 1860, Ernest N. Brady; 1863, George W. North; 1866, Jacob Dorsheimer; 1869, Joseph Neely; 1872, John Reep; 1875, Martin Guswiler; 1878, J. M. Drawbaugh; 1881, C. Jacoby; 1884, Lemuel R. Spong. Coroners. - 1765-67, James Jack; 1768-70, William Denny; 1771-73, Samuel Laird; 1774-76, James Pollock; 1777, John Martin; 1778, William Rippey; 1779, William Holmes 1781, William Rippey; 1783, John Rea. Clerks of Court. - 1820, John McGinnis; 1823-26, John Irvine; 1828, F. Sharretts; 1829, R. Angney. Clerks and Recorders. - 1832, Reinneck Angney; 1834, John Irvine; 1836, Thos. Craighead; 1839, Willis Foulke; 1842, Robt. Wilson; 1845, John Goodyear; 1848, John Hyer; 1851, Samuel Martin; 1854, John M. Gregg; 1857, Daniel S. Croft; 1860, John B. Floyd; 1863, Ephraim Cornman; 1866, Samuel Bixler; 1869, George C. Sheaffer; 1872, George S. Emig; 1875, D. B. Stevick; 1878, John Sheaffer; 1881, D. B. Saxton; 1884, John Zinn. Sheriffs. - 1749, John Potter; 1750, Ezekiel Dunning; 1756, Wm. Parker; 1759, Ezekiel Smith; 1762, Ezekiel Dunning; 1765, John Holmes; 1768, David Hoge; 1771, Ephraim Blaine; 1774, Robt. Semple; 1777, James Johnson; 1780, John Hoge; 1783, Sam'l Postlethwaite; 1786, Chas. Leeper; 1789, Thos. Buchanan; 1792, James Wallace; 1795, Jacob Crever; 1798, John Carothers; 1801, Robt. Greyson; 1804, George Stroup; 1807, John Carothers; 1810, John Boden; 1813, John Rupley; 1816, Andrew Mitchell; 1819, Peter Ritney; 1822, James Neal; 1825, John Clippinger; 1828, Martin Dunlap; 1831, George Beetem; 1834, Michael Holcomb; 1837, John Myers; 1840, Paul Martin; 1843, Adam Longsdorf; 1846, James Hoffer; 1849, David Smith; 136 HISTORY OF CUMBERLAND COUNTY. 1852, Joseph McDarmond; 1855, Jacob Bowman; 1858, Robert McCartney; 1861, J. Thompson Rippey; 1864, John Jacobs; 1867, Joseph C. Thompson; 1870, James K. Foreman; 1873, Joseph Totten; 1876, David H. Gill; 1879, A. A. Thomson; 1882, George B. Eyster; 1885, James R. Dixon. Treasurers. - 1787, Stephen Duncan; 1789, Alex McKeehan; 1795, Robt. Miller; 1800, James Duncan; 1805, Hugh Boden; 1807, John Boden; 1810, Robert McCoy; 1813, John McGinnis; 1815, Andrew Boden; 1817, George McFeely; 1820, Jas. Thompson; 1824, Geo. McFeely; 1826, Alex. Nesbitt; 1829, Hendricks Weise; 1832, John Phillips; 1835, Jason W. Eby; 1838, Wm. S. Ramsey; 1839, Robt. Snodgrass; 1841, Wm. M. Mateer; 1843, Robt. Moore, Jr.; 1845, David N. Mahon; 1847, Robt. Moore, Jr.; 1849, Wm. M. Porter; 1851, William S. Cobean; 1853, N. Wilson Woods; 1855, Adam Senseman; 1857, Moses Bricker; 1859, Alfred L. Sponsler; 1861, John Gutshall; 1863, Henry S. Ritter; 1865, Levi Zeigler; 1867, Christian Mellinger; 1869, George Wetzel; 1871, George Bobb; 1878, Levan H. Orris; 1875, A. Agnew Thomson; 1878, John C. Eckels; 1881, W. H. Longsdorff; 1884, Jacob Heminger. District Attorneys. - 1850, Wm. H. Miller; 1853 and 1858, Wm. J. Shearer; 1859 and 1864, J. W. D. Gillelen; 1865 and 1870, C. E. Maglaughlin; 1871, W. F. Sadler, 1874, F. E. Beltzhoover; 1877, George S. Ewing; 1880, John M. Wetzel; 1883, John T. Stuart. County Commissioners. - 1839, Alex. M. Kerr; 1840, Michael Mishler, 1841, Jacob Rehrar; 1842, Robt. Laird; 1843, Christian Titzel; 1844, Jefferson Worthington; 1845, David Sterrett; 1846, Daniel Coble; 1847, John Mell; 1848, James Kelso; 1849, John Sprout; 1850, Wm. H. Trout; 1851, James G. Cressler; 1852, John Bobb; 1853, James Armstrong; 1854, George M. Graham; 1855, Wm. M. Henderson; 1856, Andrew Kerr; 1857, Sam'l Magaw; 1858, Nath'l H. Eckels; 1859, James H. Waggoner; 1860, George Miller; 1861, Michael Kast; 1862, George Scobey; 1863, John McCoy, three years; Mitchell McClellan, two years; 1864, Henry Karns, John Harris; 1865, Alex. F. Meck; 1866, Michael G. Hale; 1867, Allen Floyd; 1869, Jacob Rhoads; 1870, David Deitz; 1871, J. C. Sample; 1872, Samuel Ernst; 1873, Jacob Barber; 1874, Joseph Bautz; 1875, Jacob Barber; 1878, Jacob Barber, Hugh Boyd; 1881, Hugh Boyd, Alfred B. Strock; 1884, James B. Brown, George Hauck. President Judges. - 1750-57, Samuel Smith; 1757, Francis West; 1791, Thos. Smith; 1794, Jas. Riddle; 1800, John Joseph Henry; 1806, James Hamilton; 1819, Chas. Smith; 1820, John Reed; 1838, Sam'l Hepburn; 1848, Fred'k Watts; 1851, James H. Graham; 1871, Benj. F. Junkin; 1875, Martin C. Herman; 1884, Wilbur F. Sadler. Associate Judges. - 1791, James Dunlap, John Jordan, Jonathan Hoge, Sam'l Laird; 1794, John Montgomery; 1800, Wm. Moore, John Creigh, 1813, Ephraim Steel; 1814, Jacob Hendel; 1818, Isaiah Graham; 1819, James Armstrong; 1828, Wm. Line; 1835, James Stewart, John LeFevre; 1842, T. C. Miller; 1847, John Clendenin; 1851, Sam'l Woodburn, John Rupp; 1856, Sam'l Woodburn, Michael Cochlin; 1861, Robt. Bryson; 1862, Hugh Stuart; 1866, Thos. P. Blair; 1871, John Clendenin, Robt. Montgomery; 1872, Henry G. Moser, Abram Witmer. MEMBERS OF CONGRESS, SENATORS AND ASSEMBLYMEN. Representatives in Congress. - 1775-77, Col. James Wilson; 1778-80, Gen. John Armstrong; 1783 (to July 4), John Montgomery; 1797-1805, John A. Hanna; 1805-13, Robt. Whitehill; 1813-14, Wm. Crawford; 1815-21, Wm. P. Maclay; 1827-33, Wm. Ramsey; 1833 (unexpired term), C. T. H. Craw- 137 HISTORY OF CUMBERLAND COUNTY. ford; 1835-37, Jesse Miller; 1838-40, Wm. Sterrett Ramsey; 1841-43, Amos Gustine; 1843-47, James Black; 1847-49, Jasper E. Brady; 1849-53, J. X. McLanahan; 1853-55, Wm. H. Kurtz; 1855-57, Lemuel Todd; 1857-59, John A. Ahl; 1859-61, Benj. F. Junkin; 1861-65, Joseph Bailey; 1865-69, Adam J. Glossbrenner; 1869-73, Richard J. Haldeman; 1873-75, John A. Magee, also Lemuel Todd at large; 1875-79, Levi Maish; 1879-81, __ank E. Beltzhoover; 1883, W. A. Duncan (died in office, and Dr. John A. Swope, of Gettysburg, elected to fill vacancy December 23, 1884; also re-elected in November, 1885). State Senators. - 1841-43, J. X. McLanahan; 1844-46, Wm. B. Anderson; 1847-49, Robt. C. Sterrett; 1850-52, Joseph Baily; 1853-55, Sam'l Wherry; 1856-58, Henry Fetter; 1859-61, Wm. B. Irwine; 1862-64, George H. Bucher; 1865-67, A. Heistand Glatz; 1868-70, Andrew G. Miller; 1871- 74, James M. Weakley; 1875-78, James Chestnut; 1878, Isaac Hereter; 1882, Samuel C. Wagner. Representatives in Assembly. - 1779-80, Abraham Smith, Sam'l Cuthbertson, Fredk. Watts, Jonn. Hoge, John Harris, Wm. McDowell, Ephraim Steel; 1780-81, S. Cuthbertson, Stephen Duncan, Wm. Brown, J. Hoge, John Andrew, John Harris, John Allison; 1781-82, James McLean, John Allison, Jas. Johnston, Wm. Brown, Robt. Magaw, John Montgomery, Stephen Duncan; 1782-83, S. Duncan, John Carothers, J. Johnston, Wm. Brown, Jas. McLene, J. Hoge, Patrick Maxwell; 1783-84, Wm. Brown, of Carlisle, F. Watts, Jas. Johnston, John Carothers, Abraham Smith, Wm. Brown, Robt. Whitehill; 1814, Jacob Alter, Samuel Fenton, Jas. Lowry, Andrew Boden and Wm. Anderson; 1815, Philip Peffer, Wm. Wallace and Solomon Gorgas; 1824, James Dunlap; 1829, Wm. Alexander, Peter Lobach; 1833, Michael Cochlin, Sam'l McKeehan; 1834, David Emmert; 1835, William Runsha (died suddenly in office), Chas. McClure; 1836-38, Wm. R. Gorgas, Jas. Woodburn; 1840, Abraham Smith McKinney, John Zimmerman; 1841, Wm. Barr, Joseph Culver, 1842, James Kennedy, Geo. Brindle; 1843, Francis Eckels; 1843-44, Jacob Heck; 1844, Geo. Brindle; 1845, Augustus H. Van Hoff, Joseph M. Means; 1846, James Mackey, Armstrong Noble; 1847, Jacob LeFevre; 1847-48, Abraham Lamberton; 1848, Geo. Rupley; 1849-50, Henry Church, Thos. E. Scouller; 1851, Ellis J. Bonham; 1851- 52, Robt. M. Henderson; 1852-53, David J. McKee; 1853, Henry J. Moser; 1854, Montgomery Donaldson, Geo. W. Criswell; 1855-56, William Harper, James Anderson; 1857, Chas. C. Brandt; 1857-58, Hugh Stuart; 1858-59, John McCurdy, 1859, John Power; 1860. Wm. B. Irvine, Wm. Louther; 1861, Jesse Kennedy; 1861-62, John P. Rh____ 1863-64, John D. Bowman; 1865- 66, Philip Long; 1867-68, Theodore Cornman; 1869-70, John B. Leidig; 1871-72, Jacob Bomberger; 1873-74, Wm. B. Butler; 1874-75, G. M. Mumper; 1876-77, Sam'l W. Means; 1877-78, Samuel A. Bowers; 1878-80, Alfred M. Rhoads, Robt. M. Cochran, Jr.; 1882, Geo. M. D. Eckels, John Graham. Representatives in Supreme Executive Council. - March 4, 1777, Jonathan Hoge; November 9, 1778 (from what is now Franklin County), James McLean; December 28, 1779, Robert Whitehill, of East Pennsborough; 1781-84, John Byers. In the committee of safety John Montgomery was representative from Cumberland County during the life of the committee. William Lyon was a member of the Council of Safety until its close, December 4, 1777. Commissioners in Assembly, etc. - From November, 1777, and later, William Duffield, James McLean, William Clark, James Brown, Robert Whitehill, John Harris. In 1777 John Andrew was commissioner of the county, while 138 HISTORY OF CUMBERLAND COUNTY. James Lyon, William McClure, William Finley, James McKee, James Laird and George Robinson were assessors. William Piper was collector of excise in 1778, and Matthew Henderson in 1779, William Irvine in 1781, and John Buchanan in 1782. James Poe became commissioner of taxes October 22, 1783, and Stephen Duncan County treasurer. J. Agnew was at the same time clerk of the quarter sessions, over which court John Rannells, Esq., presided for some time subsequent to January 20, 1778, on which date the "Grand Inquest for the Commonwealth of Pennsylvania and the body of the County of Cumberland" presented the following: "That the public Court House of the County of Cumberland is now occupies by Capt. Coran and his men, who are employed in the service of the United States, as a laboratory and store-house, and has been occupied by the people in the service of the United States for a considerable time past, so that the County of Cumberland can not have the use of the said Court House, but are obliged to hire other places for the county's use - they are of opinion that the United States ought to pay to the treasurer of the County of Cumberland, after the rate of 10L. per month, monthly and every month Capt. Coran hath been possessed of said Court House, and for every month he or they may continue to occupy it, not exceeding the 20th day of April next; and of this they desire that Capt. Coran, or the commanding officer of the laboratory company, may have notice. Per Wm. Moore, foreman."