Bell's History of Northumberland Co PA: Chapter IV Part II. and Chapter V - Part I: ORGANIZATION AND ADMINISTRATION - THE BENCH AND BAR Contributed for use in USGenWeb Archives by Tony Rebuck Tar2@psu.edu USGENWEB NOTICE: Printing this file by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. We encourage links to the state and county table of contents. Transcribed from Bell's History of Northumberland County Pennsylvania CHAPTER IV - Part II. Pages 176 - 212. ORGANIZATION AND ADMINISTRATION. INAUGURATION OF THE PUBLIC SCHOOL SYSTEM - ROSTER OF COUNTY OFFICERS - REPRESENTATION IN CONSTITUTIONAL CONVENTIONS, ETC. - LEGISLATIVE REPRESENTATION - EARLY TOWNSHIP OFFICERS. INAUGURATION OF THE PUBLIC SCHOOL SYSTEM. The act of 1834 inaugurated in Pennsylvania what is distinctively known as the public school system. Popular education had been a subject of legislative action since the founding of the Colony. It was stipulated in the constitution of 1790 that the legislature should "provide by law for the establishment of schools throughout the State in such manner that the poor may be taught gratis." In 1802 an act was passed to provide for the maintenance of schools where elementary instruction might be received by all children. Those of the well-to-do were required to pay a small sum, but when the returns of the assessors showed that the parents were unable to bear this expense the county commissioners were authorized to do so. It does not appear that popular education in Northumberland county was materially advanced by the operation of this law. Here the neighborhood school was the earliest result of educational effort. As a measure of convenience certain communities established schools in which their children might receive a rudimentary education. The teacher derived his support from his patrons, and the affairs of the school were intrusted by common consent to the more energetic members of the community, who were usually men of intelligence. The law of 1802 was variously amended at different times without, however, accomplishing its purpose. In 1827 a society for the promotion of education in the State was formed at Philadelphia, and, through a corresponding committee, the opinions of leading men in every county were ascertained and a union of the most progressive sentiment effected. The powerful influence thus generated resulted in the act of 1834. In this the former distinction between pay and pauper schools was abrogated; all property was made taxable for the support of the schools, and their local management in each district _____________________________________________________________________ *Pursuant to circular of January 9,1833, the clerk to the county commissioners transmitted the following statement to the Secretary of the Commonwealth:- 1829, number of poor children taught, 123; amount expended $299.86 1/2; 1830, number of poor children taught, 126; amount expended, $393.11 3/4; 1831 number of poor children taught, 178; amount expended, $570.39 1/2; 1832, number of poor children taught, 240; amount expended, $713.10 1/2. END OF PAGE 176 placed in charge of a board of six directors. Some two hundred acts of the legislature had preceded that of 1834; but the latter, although amended in 1836, is substantially unimpaired, and the growing efficiency of the system fully attests the wisdom of those who framed it. The first convention of delegates under this act, and in all probability the first public educational meeting in the county, was held at the court house in Sunbury, November 4, 1834. The following is a transcript of the minutes:- Agreeably to an act passed the 1st day of April, 1884, entitled "An act to establish a general system of education by common schools," a meeting of the commissioners of the county and delegates from the different school districts of the county of Northumberland met at the court house in the borough of Sunbury on Tuesday, the 4th day of November, 1834. The meeting was organized by appointing John C. Boyd, of Rush township, chairman, and John Taggart, of Northumberland, secretary. The meeting then adjourned to the house of William Shannon, when the following persons appeared, produced their certificates of election, and took their seats, viz.: Turbut township, John McKinney; Chillisquaque township, James F. Murray; Point township, Robert Curry; Augusta township, Samuel Lantz; Shamokin township, Robert McWilliams; Rush township, John C. Boyd; Upper Mahanoy township, Benjamin Markel; Lower Mahanoy township, Jacob Weiser, Sr.; Milton borough, Robert McGuigan; Northumberland borough, John Taggart; Sunbury borough, John G. Youngman; Daniel Hilbush, William Shannon, and Frederick Burkenbine, commissioners of the county. The meeting then proceeded to take the vote on "making appropriation for common schools," when it appeared that six delegates voted in the affirmative, viz.: Messrs. McKinney, McGuigan, Murray, Curry, Taggart, and Youngman; and that five delegates and three commissioners voted in the negative, viz.: Messrs. Lantz, McWilliams, Boyd, Markel, Weiser, Hilbush, Shannon, and Burkenbine. The delegates and commissioners voting in the negative having retired, the delegates voting in the affirmative reorganized the meeting by appointing Robert McGuigan president and continuing John Taggart as secretary. The following resolutions were proposed and unanimously passed, viz: Resolved, That the commissioners be and they are hereby authorized to levy half the amount of the county tax for the use of common schools in the townships of Turbut, Chillisquaque, and Point, and in the boroughs of Milton, Northumberland, and Sunbury for the ensuing year. Resolved, That the town meetings be held in all the districts accepting the law, at the usual places of holding their township elections, as the law directs, on Saturday, the 29th of November, and that the school directors give notice in their respective districts of the meeting. The first appointment of school inspectors was made by the court of quarter sessions at April term, 1835, when the following persons were designated for that office in the respective townships and boroughs: Turbut, Isaac Vincent and William Laird; Milton, Samuel Pollock and John F. Wolfinger; Chillisquaque, Charles Gale and Isaac P. Sanders; Point, George Jennings and Jesse C. Horton; Northumberland, James Hepburn and John Cowden; Sunbury, Hugh Bellas and Alexander Jordan. The meeting for 1835 was held at the court house on the 4th of May; the END OF PAGE 177 districts accepting the law were represented as follows: Sunbury, William N. Robins; Northumberland, John Frick; Point, Robert Curry; Chillisquaque, Andrew McReynolds; Milton, Robert MCGuigan; Turbut, John McKinney. It was decided to levy a tax equal to one half the State and county tax. This tax, the first in the county for school purposes of which there is any record, was as follows: Sunbury $ 360.64 1/4 Chillisquaque $ 493.92 3/4 Northumberland 300.97 1/2 Milton 470.43 Point 389.08 Turbut 1,307.52 1/4 Augusta and Shamokin accepted the system in 1836; in that year the number of taxables in the accepting districts was twenty-eight hundred sixty-four; in the non-accepting districts, one thousand sixty-nine. The system was discontinued in Shamokin in 1837, and not re-established until 1843; Rush first appears among the accepting districts in 1842; South Coal district appears as non-accepting in 1842, and North Coal district as accepting; Turbut discontinued the system in 1843, and in that year the taxables in the accepting districts (Milton, Chillisquaque, Point, Northumberland, Sunbury, Augusta, Rush, Shamokin, and North Coal) numbered twenty-seven hundred twenty-two; in the non- accepting districts (Turbut, Little Mahanoy, Upper Mahanoy, Lower Mahanoy, Jackson, and South Coal), seventeen hundred twenty-five. The system was re-established in Turbut in 1844, by which the number of taxables in the non-accepting districts were reduced to but little more than one-fifth of the entire number in the county (accepting districts, thirty-six hundred fourteen taxables; non-accepting, nine hundred forty- four). Rush discontinued the system in 1846 but re-established it in 1847; public schools were thus introduced and maintained in the entire county except the Mahanoy region. The system was adopted in Lower Mahanoy and Jordan townships in 1865; in Upper Mahanoy in 1866; in Cameron and Jackson in 1869; in Washington in 1870, and in Little Mahanoy in 1871. Further particulars are given under the various townships. Teachers' Institutes.- The first convention of teachers in Northumberland county was held at Elysburg on the second Saturday in April, 1850, in pursuance of a call issued by J. J. John, George W. West, and A. J. Madison. The topics discussed were, "How can the salaries of teachers be increased?", "How shall teachers improve themselves in the art of teaching?", and "What books shall we recommend?" About thirty teachers were in attendance, of whom W. W. McWilliams was elected president and J. J. John secretary. The first county institute was held in the court house at Sunbury, December 18-19, 1855. The county superintendent, Rev. John J. Reimensnyder, presided; J. W. Weeks was secretary, and the executive committee was composed of W. P. Teitsworth, J. P. Shultz, S. S. Brittain, C. Kelchner, W. W. McWilliams, J. Vincent, Jr., and W. B. Taggart. Methods of instruc- END OF PAGE 178 tion and school government were discussed; resolutions were passed in favor of the use of the Bible in the schools, increased compensation for the superintendent, and in support of the Pennsylvania School Journal. County Superintendents of Public Schools. This office was created in 1854. Its incumbents, elected by the school directors of the county, have been as follows: John J. Reimensnyder, 1854-60; Jacob Ulp, 1860-66; George W. Haupt, 1866-68 (resigned, September 1, 1868); William J. Wolverton, 1868-69 (appointed by the State superintendent); Saul Shipman, 1869-75; Harvey Bartholomew, 1875-78; William M. Boal, 1878-81; William J. Wolverton, 1881-87; William E. Bloom, 1887, present incumbent. ROSTER OF COUNTY OFFICERS. Prothonotaries. In Northumberland county one person, is elected to the offices of prothonotary of the court of common pleas, clerk of the court of quarter sessions, and clerk of the court of oyer and terminer and general jail delivery. After the offices of recorder of deeds and register of wills were assigned to one individual in this county, the prothonotary continued to exercise the functions of clerk of the orphans' court until 1827; since that date the offices have been combined as at present. The incumbents were appointed by the Governor and Council under the colonial regime, by the Supreme Executive Council under the constitution of 1776, and by the Governor under the constitution of 1790; the office became elective by the amendments of 1837-38, and under these various changes the succession of prothonotaries, with the dates of their commissions or the terms in which they served by election, has been as follows: William Maclay, prothonotary, March 24, 1772, clerk of the peace and quarter sessions of the peace, May 19, 1772, re-commissioned, March 22, 1777; David Harris, September 11, 1777; Matthew Smith, February 4, 1780; Laurence Keene, September 25, 1783; Jasper Ewing, July 28, 1789, August 17, 1791, and January 3, 1800; Daniel Levy, September 23, 1800; Hugh Bellas, January 3, 1809; George W. Brown, February 2, 1818; Andrew Albright, April 24, 1819; Martin Weaver, February 9, 1821; Samuel J. Packer, January 27, 1824; Martin Weaver, April 9, 1829; Edward Y. Bright, January 25, 1830, and January 21, 1833; Daniel Brautigam, January 29, 1836, and January 4, 1839; Samuel D. Jordan, February 5, 1839 - elected in the autumn of that year - l839-45; John Farnsworth, 1845-51; James Beard, 1851-57; Daniel Beckley, 1857-63; John J. Reimensnyder, 1863-69; William D. Haupt, 1869- 72; Lloyd T. Rohrbach, 1872-79; Wesley Auten, 1879-85; H. F. Mann, 1885- 91; S. P. Fausold, 1891, present incumbent. Registers and Recorders.- At the organization of Northumberland county one person was commissioned as register of wills, recorder of deeds, and clerk of the several courts. In 1777 one person was commissioned as register and recorder and another person as clerk of the several courts, and, END OF PAGE 179 although William Montgomery was commissioned as recorder only in 1785, it is highly probable that this arrangement continued until 1827, when the register and recorder was also commissioned as clerk of the orphans' court, and in this manner the offices have since been combined. The incumbents, with the dates of their commissions or the terms in which they served by election, have been as follows: William Maclay, March 24, 1772, and March 22, 1777; John Simpson, March 29, 1777; William Montgomery (recorder only), April 7, 1785; Jeremiah Simpson, July 24, 1798; John Boyd, December, 1805; John Frick, January 18, 1809; John L. Finney, April 3, 1811, and March 25, 1818; Martin Pries, February 9,1821; John Oyster, October 7, 1822; Eli Diemer, January 27, 1824; Samuel J. Packer, March 27, 1827; Robert H. Hammond, April 29, 1829; Solomon Shaffer, January 25, 1830; and January 21, 1833; Jacob Bright, January 29, 1836, and January 4, 1839; John G. Youngman, February 5, 1839 - elected in the autumn of that year - 1839-42; Edward Oyster, 1842-48; Martin Irwin, 1848-49; David Rockefeller, appointed, June 25, 1849, vice Irwin, deceased; John P. Pursel, 1849-55; C. Boyd Pursel, 1855-58; Jacob B. Masser, 1858-61; John A. J. Cummings, 1861-67; Jacob Leisenring, 1867-73; Lemuel Shipman, 1873-80; George D. Bucher, 1880-86; Urias Bloom, 1886, present incumbent. Sheriffs are elected triennially. The first incumbent in Northumberland county was sheriff of Berks at the time of its organization, and was authorized to officiate in Northumberland by the act providing for its erection in 1772. The following is a list from that date: 1772, George Nagel; 1772-75, William Cooke; 1775-77, William Scull; 1777-79, Jonathan Lodge; 1779-82, James Crawford; 1782-85, Henry Antes; 1785-88, Thomas Grant; 1788-91, Martin Withington; 1791-94, Flavel Roan; 1794-97, John Brady; 1797-1800, Robert Irwin; 1800-03, Henry Vanderslice; 1803-06, Andrew Albright; 1806-09, Jared Irwin; 1809- 12, Daniel Lebo; 1812-15, Thomas Painter; 1815-18, Walter Brady; 1818- 21, William Shannon; 1821-24, James R. Shannon; 1824-27, Martin Weaver; 1827-30, Jacob McKinney; 1880-33, Peter Lazarus; 1833-36, Henry Reader; 1836-39, George W. Kiehl; 1839-42, Henry Gossler; 1842-45, Felix Maurer; 1845-48, Thomas A. Billington; 1848-51, James Covert; 1851-54, William B. Kipp; 1854-57, Henry Weise; 1857-60, James Vandyke; 1860-63, David Waldron; 1863-66, William M. Weaver; 1866-69, Daniel Beckley; 1869-72, John B. Heller; 1872-76, Samuel H. Rothermel; 1876-79, George W. Strine; 1879-82, William M. Weaver; 1882-85, John C. Morgan; 1885-88, Jacob Kremer; 1888-91, Jacob G. Kramer; 1891, Robert Montgomery, present incumbent. Distract Attorneys.- This office was known by the title of deputy attorney general until 1850, when it became elective and the name was changed to its present style. Prior to that date appointments were made by the attorney general of the State. The following list is believed to be as complete as existing records permit: Edward Burd, 1772; Jonathan Walker, 1793 (he END OF PAGE 180 Page 181 contains a portrait of Charles Hottenstein Page 182 is blank. received pay for services in May, 1793, but whether regularly commissioned or not can not be positively stated); Samuel Roberts, qualified, July 16, 1800; Thomas Cooper, commissioned, July 16, 1803, qualified, August 22, 1803; E. G. Bradford, 1809-20 (probably 1806-09 also); Robert C. Hall, January, 1821, to November, 1823; E.G. Bradford, January to April, 1824; Alem Marr, qualified at August sessions, 1824; Daniel Scudder, qualified at August sessions, 1828; Samuel J. Packer, qualified, April 20, 1829; Charles G. Donnel, qualified, November 16, 1829; John F. Wolfinger, appointed by the court, November sessions, 1833, and reappointed, January 4, 1836; James Pollock, qualified at April sessions, 1836; Henry B. Masser, qualified at April sessions, 1839; John B. Packer, qualified at April sessions, 1845; Charles W. Tharp, qualified at November sessions, 1848; C. Augustus Kutz, elected, 1850; Charles W. Tharp, elected, 1853; William L. Scott, elected, 1856; John Kay Clement, elected, 1859; Solomon P. Malick, elected, 1862; Jeremiah Snyder, elected, 1865, and re-elected, 1868; John Kay Clement, elected, 1871; Thomas H. B. Kase, elected, 1874; L. H. Kase, appointed deputy district attorney by Thomas H. B. Kase - appointment approved by the court, August 7, 1876; John Kay Clement, appointed, vice L. H. Kase, resigned, qualified, January 30, 1877; Lewis Dewart, elected, 1877; C. R. Savidge, elected, 1880; Peter A. Mahon, elected, 1883, and re- elected, 1886; Voris Auten, elected, 1889, present incumbent. Coroners are elected triennially. For a number of years it does not appear that the persons elected to this office had their commissions recorded, hence the incompleteness of the following list, in which the date given is that of the commission or election: James Parr, October 9, 1772; James Murray, October 9, 1773; Samuel Harris, October 12, 1775; Thomas Robinson, December 8, 1778; John Foster, October 19, 1779; Christopher Gettig, October 20, 1781; John Chattam, October 18, 1782; John Scott, November 22, 1783; Thomas Hamilton, November 2, 1787; Joseph Lorentz, October 21, 1789; William McAdams, 1796, October 8, 1797, October 18, 1799; Andrew Albright, November 5, 1800; Joseph Lorentz, October 21, 1803, October 28, 1806, October 24, 1809, October 26, 1812; Jacob Albright, October 28, 1815; John Leisenring, October 28, 1818; Jacob Urban, October 22, 1821; Jacob Bright, November 4, 1824; Charles D. Wharton, October 15, 1827; Jacob Long, November 11, 1830; John Conrad, 1833; John Eisely, November 14, 1836; John Smith, 1839; Charles Weaver, 1842; Jacob Yordy, January 21, 1846; Franklin A. Clark, November 29, 1848; Aaron Kelly, 1851, November 18, 1852; Cyrus Geasy, 1869; Frederick Hesser, 1872; John W. Taylor, 1875; R. L. Wright, 1878, re- elected in 1881; D. T. Krebs, 1884; F. D. Raker, 1887, re-elected, 1890,, present incumbent. County Commissioners were elected annually for the term of three years until the adoption of the constitution of 1873, which provided for the triennial election of the entire board of three members. Diligent search has failed END OF PAGE 183 to discover any minutes of the board prior to 1781, and this list for the years 1772-81 is based upon Linn's Annals of Buffalo Valley. The roster is as follows: 1772, William Gray, Thomas Hewitt, John Weitzel, Casper Reed (the latter qualified, November 23d); 1773, Casper Reed; 1774, Robert Fruit and Thomas Hewitt, qualified, April 4th, and William Gray, elected in October; 1775, Casper Reed, William Gray; 1776, Thomas Hewitt, William Gray, John Weitzel (the latter qualified, January 22d); 1778, William Gray, John Nelson, Thomas Sutherland, John Lytle; 1779, Walter Clark, William Mackey; 1780, Daniel Montgomery, William Clark, John White; 1781-82, William Antes, James Espy, Daniel Montgomery; 1782- 83, James Espy, Daniel Montgomery, David Mead; 1783-84, Daniel Montgomery, David Mead, John Clark; 1784-85, David Mead, John Clark, Walter Clark; 1785-86, John Clark, Walter Clark, William Gray; 1786-87, Walter Clark, William Gray, John Lytle; 1787-88, William Gray, John Lytle, Peter Hosterman; 1788-89, John Lytle, Peter Hosterman, William Hepburn; 1789-90, Peter Hosterman, William Hepburn, John Weitzel; 1790- 91, William Hepburn, John Weitzel, Daniel Montgomery; 1791-92, John Weitzel, Daniel Montgomery, Robert Fleming; 1792-93, Daniel Montgomery, Robert Fleming, Richard Shearer; 1793-94, Robert Fleming, Richard Shearer, Christopher Dering; 1794-95, Richard Shearer, Christopher Dering, Henry Vanderslice; 1795-96, Christopher Dering, Henry Vanderslice, Nathan Stockman; 1796-97, Henry Vanderslice, Nathan Stockman, Charles Irwin; 1797-98, Nathan Stockman, Charles Irwin, John Lyon; 1798-99, Charles Irwin, John Lyon, John Metzgar; 1799-1800, John Lyon, John Metzgar, John Frick; 1800-01, John Metzgar, John Frick, Abraham McKinney; 1801-02, John Frick, Flavel Roan, Solomon Markley (Markley qualified, November 25, 1801; he was appointed, vice McKinney, who resigned, November 14, 1801); 1802-03, Solomon Markley, Flavel Roan, David Taggart; 1803-04, Flavel Roan, Solomon Markley, George Bright (Bright assumed office, December 1, 1803, and died in February, 1804; David Taggart was appointed by the commissioners with the concurrence of the court, and qualified, April 27, 1804.); 1804-05, Solomon Markley, David Taggart, Charles Maclay; 1805-06, David Taggart, Charles Maclay, Samuel Awl; 1806-07, Charles Maclay, Samuel Awl, Samuel Bond; 1807-08, Samuel Awl, Samuel Bond, Andrew McClenachan; 1808-09, Samuel Bond, Andrew McClenachan, Henry Masser; 1809-10, Andrew McClenachan, Henry Masser, Joseph Gaston; 1810-11, Henry Masser; Joseph Gaston, Flavel Roan; 1811-12, Joseph Gaston, Flavel Roan, Henry Vanderslice; 1812-13, Flavel Roan, Henry Vanderslice, James Longhead; 1813-14, Henry Vanderslice, Samuel Bloom, Jonas Weaver; 1814-15, Samuel Bloom, Jonas Weaver, Isaac Wolverton; 1815-16, Jonas Weaver, Isaac Wolverton, William F. Buyers; 1816-17, Isaac Wolverton, William F. Buyers, George Lecher; 1817-18, William F. Buyers, George Lesher, John Miller; 1818-19, George Lesher, END OF PAGE 184 John Miller, John G. Youngman; 1819-20, John Miller, John G. Youngman, Daniel R. Bright; 1820-21, John G. Youngman, Daniel B. Bright, Elisha Kline; 1821-22, Daniel R. Bright, Elisha Kline, Christian Bower; 1822- 23, Elisha Kline, Christian Bower, James Lee; 1823-24, Christian Bower, James Lee, Samuel Lantz; l824-25, James Lee, Samuel Lantz, John McKinney; 1825-26, Samuel Lantz, John McKinney, George Young; l826-27, John McKinney, George Young, William H. Muench; 1827-28, George Young, William H. Muench, William Stewart; 1828-29, William H. Muench, William Stewart, Jacob Rhoads; 1829-30, William Stewart, Jacob Rhoads, Michael Lenker; 1830-3l, Jacob Rhoads, Michael Lenker, Daniel Haas; 1831-32, Michael Lenker, Daniel Haas, Joseph Bound; 1832-33, Daniel Haas, Joseph Bound, Daniel Hilbush; 1833-34, Joseph Bound, Daniel Hilbush, William Shannon; 1834-35, Daniel Hilbush, William Shannon, Frederick Burkenbine; l835-36, William Shannon, Frederick Burkenbine, Conrad Raker; l836-37, Frederick Burkenbine, Conrad Raker, Frederick Lazarus; 1837-38, Conrad Raker, Frederick Lazarus, Joseph Wallis; 1838-39, Frederick Lazarus, Joseph Wallis, Joseph Patton; 1839-40, Joseph Wallis, Joseph Patton, George Bright; 1840-41, Joseph Patton, George Bright, Jacob Rhoads; 1841-42, George Bright, Jacob Rhoads, Philip Weiser; 1842-43, Jacob Rhoads, Philip Weiser, John Young; l843-44, Philip Weiser, John Young, James Buoy; 1844-45, John Young, James Buoy, David Martz; 1845-46, James Buoy, David Martz, Peter Vandling; 1846-47, David Martz, Peter Vandling, William Follmer; 1847-48, Peter Vandling, William Follmer, Jacob Hoffa; 1848-49, William Follmer, Jacob Hoffa, Charles Weaver; 1849-50, Jacob Hoffa, Charles Weaver, William Wilson; l850-5l, Charles Weaver, William Wilson, Christian Albert; 1851-52, William Wilson, Christian Albert, Charles Weaver; 1852-53, Christian Albert, Charles Weaver, Joseph Nicely; 1853-54, Charles Weaver, Joseph Nicely, Simon Snyder; 1854-55, Joseph Nicely, Philip Renn, George C. Welker (Welker was appointed, vice Snyder, deceased); 1855-56; Philip Renn, Charles Hottenstein, Frederick Haas; 1856-57, Charles Hottenstein, Frederick Haas, Philip Renn; 1857- 58, Frederick Haas, Charles Hottenstein, Samuel Ent; 1858-59, Frederick Haas, Samuel Ent, Joseph Everett; 1859-60, Samuel Ent, Joseph Everett, Philip Clark; 1860-61, Joseph Everett, Philip Clark, Isaac D. Raker; 1861-62, Philip Clark, Isaac D. Raker, Samuel Stahlnecker; 1862-63, Isaac D. Raker, Samuel Stahlnecker, James Riland; 1863-64, Samuel Stahlnecker, James Riland, Joseph Gass; 1864-65, James Riland, Joseph Gass, Hugh Martin; 1865-66, Joseph Gass, Hugh Martin, John Eckman; 1866- 67, Hugh Martin, John Eckman, Solomon Billman; 1867-68, John Eckman, Solomon Billman, Jacob Hunsecker; 1868-69, Solomon Billman, Jacob Hunsecker, M. E. Bucher; 1869-70, Jacob Hunsecker, M. E. Bucher, Sebastian Stepp; 1870-71, M. E. Bucher, Sebastian Stepp, Jacob Hunsecker; 1871-72, Sebastian Stepp, Jacob Hunsecker, Amos Vastine; 1872-73, Jacob END OF PAGE 185 Hunsecker, Amos Vastine, J. G. Durham; 1873-74, Amos Vastine, J. G. Durham, Daniel S. Reitz (the term of this board expired on the 31st of December, 1874); 1875-76, J. G. Durham, Daniel S. Reitz, Harrison Henrie; 1877, J. G. Durham, Daniel S. Reitz, Harrison Henrie, Philip Hile (Hile was appointed, January 30, 1877, vice Henrie, deceased); 1878, J. G. Durham, Daniel S. Reitz, Philip Hile; 1879-81, John Clark, Edward W. Chapin, John T. Albright; 1882-84, William P. Datesman, Michael Kellagher, George Brown; 1885-87, Michael Kellagher, Thomas L. Karchner, Adam M. Snyder; 1887-90, Adam M. Snyder, Charles Newhard, Daniel Kauffman; 1891, F. W. Lindner, John Roney, Joseph Pardoe, present incumbents. County Treasurers were elected by the commissioners until 1841, when the office became elective. Defective records preclude the preparation of a complete list from the organization of Northumberland county; the first was Alexander Hunter, who was probably the custodian of the county funds for some time, although this can not be positively stated. William Gray was treasurer of county taxes, 1777-81 inclusive, and in 1780 he was also treasurer of State taxes, which office had been filled by Robert Martin, 1777-79 inclusive. Frederick Antes was elected county treasurer in February, 1782; October 20, 1783, he was appointed; John Buyers was elected, December 31, 1784, and January 3, 1786. Buyers also held the office in 1787 and 1788. After this, Frederick Antes was treasurer for a number of years - probably from 1788 to 1801, certainly from June 1, 1789, to January 1, 1794, in 1797-98, and in 1800-01. He died in 1801, and on the 30th of September, 1801, Christopher Dering was appointed to the position. The succession since that date has been as follows: 1802, Christopher Dering; 1803-05, John Boyd; 1806-08, Simon Snyder; 1809-11, David Taggart; 1812-13, Andrew Albright; 1814, John G. Youngman; 1815-17, Henry Vanderslice; 1818-20, Isaac Zeigler; 1821, Henry Bucher; 1822-24, George Weiser; 1825-27, Frederick Haas; 1828-30, Peter Lazarus; 1831-33, George Weiser; 1834-36, Samuel Bloom; 1837, Isaac Wolverton; 1838-40, John Bloom; 1841, George C. Welker; 1842-43, George Weiser; 1844-45, John Farnsworth; 1846-47, William Gulick; 1848-49, Jesse M. M. Simpson; 1850-51, George B. Youngman; 1852-53, Jacob Young; 1854-55, Francis Bucher; 1856-57, George Bright; 1858-59, Jesse M. M. Simpson; 1860-61, Jacob F. Rohrbach; 1862-63, William E. Irwin; 1864-65, R. H. Awl; 1866-67, John Farnsworth; 1868-69, John F. Fiedler; 1870-71, George McEliece; 1872-73, Albert Cadwallader; 1874-75, John Haag; 1876- 78, David C. Dissinger; 1879-81, J. Galen Smith; 1882-84, J. Frank Bucher; 1885-87, John J. W. Schwartz; 1888-90, Jacob Kremer; 1891, John Schabo, present Incumbent. Auditors.- Three county auditors are elected triennially. Prior to the adoption of the constitution of 1790 the accounts of the commissioners and END OF PAGE 186 treasurer were submitted to the grand jury. The first legislation introducing the present system was in act passed, March 30, 1791, providing for the appointment of auditor's annually by the county court. The office was made elective by the act of March 6, 1809, in which, however, the court of quarter sessions was authorized to fill any vacancies that might occur. On the 7th of February, 1814, an act was passed extending the term of office to three years the person receiving the maximum number of votes at the first election thereafter was to serve the maximum period; the person receiving the next highest number, two years; and the person receiving the next highest number, one year; while one number was to be elected annually thereafter. This arrangement continued until the adoption of the present system under the constitution of 1873. The following list is believed to be as complete as existing records permit. (The year given is that in which the board audited the accounts of the preceding year): 1793-94, Abraham Scott, James Jenkins, John Kidd; 1798, Robert Hunter, Martin Kendig, Frederick Lazarus; 1800, James Jenkins, Evan R. Evans, John Buyers; 1802, Evan R. Evans, John Buyers; 1803, John Buyers, Evan R. Evans, Daniel Montgomery; 1804, John Buyers; 1805, Daniel Montgomery, John Buyers, Enoch Smith; 1806, John Buyer's, Enoch Smith, Daniel Montgomery; 1807, John Buyers, Andrew Albright; 1808, John Buyers, Michael Kutzner, Andrew Albright; 1809-11, Charles Gale, Hugh Wilson, Henry Vanderslice; 1812, Charles Gale, Hugh Wilson, Andrew Albright; 1813, Charles Gale, Hugh Wilson, Henry Masser; 1814, Henry Masser, Henry Shaffer; 1815-16, Abia John, George Martin, Charles Gale; 1817, Abia John, Charles Gale, James Smith; 1818, Abia John, James Smith, J. P. Sanderson; 1819, James Smith, J. P. Sanderson, Richard Barclay; 1820, J. P. Sanderson, Richard Barclay, Henry Masser; 1821, Richard Barclay, Henry Masser, Isaac Vincent; 1822, Henry Masser, Isaac Vincent, Henry Donnel; 1823, Isaac Vincent, Henry Donnel, Joseph Hays; 1824, Henry Donnel, John H. Brautigam, Joseph Hays; 1825, Joseph Hays, John H. Brautigam, J. H. W. Baldy; 1826, John H. Brautigam, Michael Druckemiller; 1827, Michael Druckemiller, Abraham Straub; 1828, Michael Druckemiller, Abraham Straub, Joseph Rhoads; 1829, Abraham Straub, Joseph Rhoads, John Baker; 1830, Joseph Rhoads, John Baker, John Porter; 1831, John Baker, John Porter, Frederick Haas; 1832, Frederick Haas, A. C. Barrett; 1833, Frederick Haas, A. C. Barrett, John McKinney; 1834, John McKinney, Samuel Awl; 1835, John McKinney, Samuel Awl, Jacob Rhoads; 1836, Samuel Awl, Jacob Rhoads, Peter Bixler; 1837, Jacob Rhoads, Peter Bixler, James Eckman; 1838, James Eckman, Henry Reader; 1839, James Eckman, Henry Reader, William L. Cooke; 1840, William L. Cooke, D. Hoffman; 1841, William L. Cooke, D. Hoffman, H. H. Teats; 1842, H. H. Teats, Hugh M. Davison; 1843, H. H. Teats, Hugh M. Davison, William H. Kase; 1844, Hugh M. Davison, William H. Ease, Abraham Shipman; 1845, William H. Kase, Abraham Shipman; 1846, END OF PAGE 187 Abraham Shipman, Thomas Strine, Peter Bixler; 1847, Peter Bixler, Emanuel Zimmerman; 1848, Emanuel Zimmerman, William Johnson; 1849, Emanuel Zimmerman, William Johnson, Daniel P. Caul; 1850, William Johnson, Daniel P. Caul, William L. Cooke; 1851, Daniel P. Caul, William L. Cooke, Reuben W. Zartman; 1852, William L. Cooke, Reuben W. Zartman, J. H. Zimmerman; 1853, Reuben W. Zartman, J. H. Zimmerman, M. D. Withington; 1854, J. H. Zimmerman, M.D. Withington, Joseph Hoover; 1855, M. D. Withington, Joseph Hoover, John Youngman; 1856, Joseph Hoover, John Youngman, William T. Forsyth; 1857, John Youngman, William T. Forsyth, Abraham Shipman; 1858, William T. Forsyth, Abraham Shipman, O. P. Patton; 1859, Abraham Shipman, O. P. Patton, C. F. Little; 1860, O. P. Patton, C. F. Little, Peter W. Gray; 1861, O. F. Little, Peter W. Gray, John Hoffa; 1862, Peter W. Gray, John Hoffa, Wellington Hummel; 1863, John Hoffa, Wellington Hummel, Nathaniel C. Lytle; 1864, Wellington Hummel, Nathaniel C. Lytle, C. F. Little; 1865, C. F. Little, Peter W. Gray; 1866, C. F. Little, Peter W. Gray, H. K. Culp; 1867, Peter W. Gray, H. K. Culp, C. F. Little; 1868, H. K. Culp, C. F. Little, Joseph Eisely; 1869, C. F. Little, Joseph Eisely, A. J. Gallagher; 1870, Joseph Eisely, A. J. Gallagher, Jasper Haughawout; 1871, A. J. Gallagher, Jasper Haughawout, Joseph Eisely; 1872, Jasper Haughawout, Joseph Eisely, J. M. Follmer; 1873, Joseph Eisely, J. M. Follmer, Jacob E. Muench; 1874, J. M. Follmer, Jacob B. Muench, Joseph Eisely; 1875, Jacob B. Muench, Joseph Eisely; 1876, Charles Hottenstein, Samuel McNinch, John W. Brennan; 1877-78, Charles Hottenstein, Richard Ryan, Samuel McNinch; 1879-8l, John B. Colt, Edward L. Matchin, Wellington Hummel; 1882-84, Thomas Barr, S. P. Gaston, H. F. Mann; 1885-86, Moses S. Bond, E. Penn Smith, Jacob Shipman; 1887, Moses S. Bond, E. Penn Smith, Philip K. Moore; 1888, Philip M. Shindel, Thomas Swenk, Sr., Moses S. Bond; 1889-90, Thomas Swenk, Sr., Peter W. Gray, Moses S. Bond; 1891, Joseph Gass, Jr., John C. Forsyth, Thomas Swenk, Sr., present incumbents. County Surveyors.- The title of this officer was deputy surveyor until 1850, when the office became elective; prior to that date its incumbents were appointed by the surveyor general of the State. Under the latter arrangement David Rockefeller held the office for a number of years. The following is a list of county surveyors since the office became elective; the year is that in which elected: Samuel Young, 1850, re-elected in 1853; David Rockefeller, 1859; J. K Hilbush, 1862; Philip Frederick, 1865; J. K. Francis, 1868; J. R. Hilbush (appointed, vice Francis, resigned); David J. Lewis, 1871; Samuel G. Frey, 1874, re- elected in 1877; E. Miles Purdy, 1880; Ira Shipman (appointed, vice Purdy, who resigned in 1882); J. K. Hilbush, 1883, re-elected in 1886; P.S. Bergstresser, 1889, present incumbent Jury Commissioners,- Two jury commissioners are elected triennially. The succession has been as follows, the year given being that of election: END OF PAGE 188 1867, Hugh H. Teats, Isaac Martz; 1870, Philip McWilliams, Benjamin Bohner; 1873, William H. Leighon, Daniel M. Schwartz; 1876, Christian Enterline, Joseph Vankirk; 1870, William Grady, George W. Coble, Samuel H. Rothermel (Rothermel was appointed, January 17, 1880, vice Coble, deceased); 1882, M. D. Bastian, Isaac D. Raker; 1885, B. F. Kelley, H. P. Follmer; 1888, J. W. Seal, E. R. Reitz, present incumbent. The Clerk to the County Commissioners is elected by the board; in the management of the fiscal affairs of the county considerable responsibility attaches to this position, and a list of its incumbents, so far as ascertainable from existing records, is herewith given: 1782, Daniel Montgomery; 1785, John Macpherson; 1786, Martin Withington; 1787, Henry Douty; 1790-91, John Weitzel; 1702, Henry Douty; 1793 (December) to 1802, Daniel Montgomery; 1802 (November 23) to 1809, John Frick; 1809 (January 21) to 1813, Nathan Patton; 1814, Jeremiah Simpson; 1815-17, Andrew Callum; 1818, William Withington; 1819, Jeremiah Simpson; 1819 (May 24) to 1821, John Baldy; 1822-24, Solomon Shaffer; 1825-28, John G. Youngman; 1829-35, George Haas; 1835 (November 3) to 1860, George Martin; 1860 (August 1) to 1864, S. D. Jordan; 1864-67, Charles Weaver; 1867-72, John Farnsworth; 1872 (July 4) to 1873, Daniel M. Schwartz; 1873-74, Peter W. Gray; 1875-81, Daniel M. Schwartz; 1882-84, Harley Datesman; 1885-91, Jonathan B. Wagner; 1891, T. A. Campbell, present incumbent. Mercantile Appraisers.- This office is likewise filled by appointment of the commissioners. In Northumberland county it was created in 1846 by act of the legislature; prior to that date its duties were performed by a board composed of the commissioners and associate judges. William J. Martin, the first incumbent of this position, was appointed, November 25, 1846, but resigned, and John P. Pursel was appointed in April, 1847; their successors have served in the following order 1848, John P. Pursel; 1840-50, Daniel Caul; 1851-52, Reuben Zartman; 1853-54, James D. Barr; 1855, James Covert; 1856, George Weise; 1857-58, James Lynn; 1859, Daniel Druckemiller; 1860-61, William Savidge; 1862, Simon Bassler; 1863, William Hoover; 1864, George A. Wighoff; 1865, J. M. Simpson; 1866, Jacob Leisenring; 1867, Jacob Yordy; 1868, C. Lesher; 1869, Christian Gingerich; 1870, F. Bower; 1871, John Forsythe; 1872, Peter Keefe; 1873, J. B. Reed; 1874, Daniel Druckemiller; 1875, Cyrus O. Bachman; 1876, William K. Erdman; 1877, J. R. Hilbush; 1878, C. K. Sober; 1879, George Hartline; 1880, R. H. McCormick; 1881, Elias Shaffer; 1882, John T. Albright; 1883, Richard Doyle; 1884, David Cowell; 1885, Thomas Barr; 1886, Simon Vought; 1887, D. R. Shaffer; 1888, Calvin W. Gutelius; 1889, William F. King; 1890, Emanuel Wilvert; 1801, Charles Newhard, present incumbent. REPRESENTATION IN CONSTITUTIONAL CONVENTIONS, ETC. Meeting of Provincial Deputies, July 15, 1774. William Scull, Samuel Hunter. END OF PAGE 189 Provincial Convention, January 23, 2775.- William Plunket, Casper Weitzel. Provincial Conference, June 18, 1775.- William Cooke, Alexander Hunter, John Weitzel. Provincial Conference, June 18, 1776.- William Cooke, Alexander Hunter, John Weitzel, Robert Martin, Matthew Brown. Constitutional Convention, July 15, 1776.- William Cooke, James Potter, Robert Martin, Matthew Brown, Walter Clark, John Kelly, James Crawford, John Weitzel. Council of Censors. -Section XLVIIth of the constitution of 1776 provided for an election in 1783 and every seventh year thereafter of two persons from each county and the city of Philadelphia, said persons to comprise the Council of Censors, the duties of which included an inquiry into the manner in which the constitution was observed and enforced. Two different returns were made from Northumberland county to the first session of this Council, which convened on the 10th of November, l783; on the 26th of the same month, William Montgomery and Samuel Hunter were declared elected. James Potter, elected vice Hunter, deceased, took his seat, July 7, 1784. Constitutional Convention, November 24, 1789.- Charles Smith, Simon Snyder. Constitutional Convention, May 2, 1837.- Senatorial delegate, Robert Fleming - district: Northumberland, Centre, and Lycoming; Representative delegate, William Gearhart. Constitutional Convention, November 12, 1872.- Senatorial Representatives: Joseph Bailey, Levi Rooke, John P. Cronmiller - district: Northumberland, Union, Snyder, and Perry. LEGISLATIVE REPRESENTATION. Members of Assembly.- Northumberland county was first represented in the Assembly that met at Philadelphia on the 14th of October, 1772. The following is a list of members from that time until the adoption of the constitution of 1790, with the year in which the members were respectively elected: 1772-75, Samuel Hunter; 1776, Thomas Hewitt, Samuel Dale, Jacob Follmer, Robert Fruit, David Robb, Samuel Wallis; 1777, Samuel Dale, Robert Fruit, James Murray, William Irwin, Simon Hemrod, Robert Fleming; 1778, Samuel Dale, Simon Hemrod, James McKnight, Robert Martin, Robert Fruit, James Crawford; 1779, Robert Martin, Samuel Dale, William Montgomery; 1780, William Montgomery, David McKinney, John Kelly; 1781-82, William Montgomery, William Maclay, William Cooke; 1788, James McClenachan, William Cooke, William Maclay; 1784, Frederick Antes, Daniel Montgomery, Samuel Dale; 1785, Frederick Antes, Samuel Dale, William Maclay; 1786, Frederick Antes, Samuel Dale; 1787-89, Samuel Maclay, John White. END OF PAGE 190 Member of the Committee of Safety.- Samuel Hunter, June 30, 1775, to July 22, 1770. Members of the Council of Safety.- John Weitzel, July 24, 1776, to March 13, 1777; John Hambright, October 17, 1777, to December 4, 1777. Members of Supreme Executive Council.- Under the constitution of 1776, the general executive functions of the government devolved upon the president and Supreme Executive Council. This body was composed of one member from the city of Philadelphia and each of the counties of the State, elected for the term of three years. The first members from Northumberland, Bedford, Northampton, and Westmoreland, however, served but one year, in order that a certain proportion of new members might be received each year thereafter. The representation of this county, with the year in which each member was elected, was as follows: 1776, John Lowdon; 1777, John Hambright; 1780, James Potter; 1783, John Boyd; 1786, William Maclay; 1789, William Wilson. State, Representatives.- The following is a list of members of the lower house of the legislature since the adoption of the constitution of 1790, with the year in which each member was elected: 1790-91, Samuel Maclay, John White; 1792, Samuel Dale, John White; 1793, Josiah Haines, James Davidson; 1794, Flavel Roan, George Hughes, Jacob Follmer; 1795, Flavel Roan, Hugh White, Robert Martin; 1796, John White, Hugh White, Thomas Grant; 1797, Simon Snyder, Samuel Maclay; 1798-1800, Simon Snyder, Jacob Follmer; 1801, Simon Snyder, Jacob Follmer, Jesse Moore, Samuel Dale; 1802, Jesse Moore, Jacob Follmer, Daniel Montgomery, Simon Snyder; 1803, Simon Snyder, Robert Giffen, Leonard Rupert, John Bull; 1804, Simon Snyder, Leonard Rupert, John Bull, Abraham McKinney; 1805, Robert Smith, Leonard Rupert, John Bull, Abraham McKinney; 1806, Simon Snyder, Leonard Rupert, Abraham McKinney, Robert Smith; 1807, Simon Snyder, Leonard Rupert, Abraham McKinney, John Murray; 1808, John Murray, Leonard Rupert, Frederick Evans, Andrew Albright; 1809, John Murray, Leonard Rupert, Abraham McKinney, Frederick Evans; 1810, John Murray, Jared Irwin, Leonard Rupert, Frederick Evans; 1811, Samuel Bond, Jared Irwin, Andrew McClenachan, Frederick Evans; 1812, Samuel Bond, Andrew McClenachan, Leonard Rupert, George Kremer; 1813, Samuel Bond, Leonard Rupert, Thomas Murray, Jr., George Kremer - district: Northumberland, Union, and Columbia; 1814, David E. Owen, Robert Willett, Joseph Hutchison, Henry Shaffer - district: Northumberland, Union, and Columbia; 1815, Henry Shaffer, Joseph Hutchinson - district: Northumberland; 1816, Lewis Dewart, Abraham McKinny; 1817, Lewis Dewart, Joseph Hutchinson; 1818, Lewis Dewart, John Miller; 1819-20, Lewis Dewart, John Haas; 1821, Daniel Scudder, Andrew Albright; 1822-23, Thomas Painter; 1824-27, Daniel Scudder; 1828-30, Henry Frick; 1831, E. Greenough; 1832, Peter Martz; 1833, Albe C. Barrett; 1834-37, Lewis END OF PAGE 191 Dewart; 1838-39, Charles W. Hegins; 1840, Jesse C. Horton; 1841, David B. Montgomery; 1842, Jacob Gearhart; 1843-45, Edward Y. Bright; 1846, Samuel Hunter; 1847-48, George A. Frick; 1849-50, John B. Packer; 1851, William Follmer; 1852, Samuel A. Bergstresser; 1853, David B. Montgomery; 1854, G. M. Yorks; 1855-56, Jeremiah H. Zimmerman; 1857, Joseph C. Rhoads; 1858, Charles Hottenstein; 1859-60, Amos T. Beisel; 1861-62, J. Woods Brown; 1863-64, Truman H. Purdy; 1865-66, C. W. Tharp; 1867-68, William H. Kase; 1869-70, Robert Montgomery; 1871, J. B. Newbaker, Dennis Bright - district: Northumberland and Montour; 1872-73, A. T. DeWitt, Jesse Ammerman; 1874, Jesse J. John, William P. Withington - district: Northumberland; 1876, Jeremiah Snyder, Daniel L. Sherwood; 1878, Daniel L. Sherwood, J. W. Scanlan; 1880, J. W. Scanlan, William Elliott; 1882, R. C. McWilliams, James Riland; 1884, James Riland, William Gable; 1886, William A. Dean, H. T. Eckert; 1888, Jacob M. Follmer, Daniel F. Gallagher; 1890, Peter J. Criste, Isaiah J. Bern, present Representatives. State Senators.- The State Senate was created by the constitution of 1790, succeeding to some of the functions of the Supreme Executive Council. The following table exhibits the representation of Northumberland county, with the district from which each member was elected and year in which elected. (Where the counties composing the district are not indicated, it is understood that its boundaries were the same as in the preceding year) 1790, William Montgomery - district: Northumberland, Luzerne, and Huntingdon; 1794, William Hepburn, elected January 8th, vice Montgomery, who resigned; 1794, George Wilson, William Hepburn - district: Northumberland, Luzerne, and Mifflin; 1795, Samuel Dale, vice Hepburn, who resigned, April 20, 1795; 1796, Samuel Dale district: Northumberland, Luzerne, Lycoming, and Mifflin; 1798, Samuel Maclay; 1800, James Harris; 1802, Samuel Maclay - district: Northumberland; 1803, Jacob Follmer, vice Maclay, who resigned, September 2, 1803; 1806, James Laird; 1808, Nathan Palmer - district: Northumberland and Luzerne; 1810, James Laird; 1812, William Ross; 1814, Thomas Murray, Jr. - district: Northumberland, Union, Columbia, Susquehanna, and Luzerne; 1816, Charles Fraser; 1818, Simon Snyder; 1820, Redmond Conyngham; 1822, Andrew Albright - district: Northumberland and Union; 1823, Lewis Dewart, vice Albright, deceased; 1826, John Ray; 1830, Samuel J. Packer; 1834, Isaac Slenker; 1839, Robert Fleming - district: Northumberland, Lycoming, and Centre; 1842, Jesse C. Horton; 1845, Benjamin Jordan - district: Northumberland and Dauphin; 1848, Robert M. Frick; 1851, John C. Kunkel; 1854, David Taggart; 1857, Charles R. Buckalew - district: Northumberland, Snyder, Montour, and Columbia; 1858, Reuben Keller, vice Buckalew, resigned; 1860, Frank Bound; 1863, David B. Montgomery; 1866, George D. Jackson - district: Northumberland, Montour, Columbia, and Sullivan; 1869, Charles END OF PAGE 192 R. Buckalew; 1872, Andrew H. Dill - district: Northumberland, Union, Snyder, and Perry; 1876, Andrew H. Dill - district: Northumberland, Union, and Snyder; 1878, Simon P. Wolverton, vice Dill, resigned; 1880- 84, Simon P. Wolverton; 1888, S.D. Bates, present Senator. EARLY TOWNSHIP OFFICERS. The administration of township affairs is usually intrusted to men of some prominence and influence in their respective neighborhoods, and a list of township officers includes, therefore, the names of many citizens whose connection with public life would otherwise be forgotten, and whose services, although purely local in their nature, are none the less essential to the community at large. The following is a list, as complete as existing records permit, of township officers during the first twenty years after the organization of the county, when, owing to the extensiveness of the county and its subdivisions, a relatively greater degree of importance attached to the offices than at present. A list of justices commissioned under the provincial regime (1772- 76) is given in the chapter on the Bench and Bar. The following were commissioned from 1777 to 1785, some of whom resided beyond the present limits of the county: Andrew Culbertson, Mordecai McKinney, January 8, 1777; Samuel Hunter, Thomas Hewitt, Robert Crawford, John Weitzel, Robert Martin, Michael Troy, John Livingston, Samuel Allen, John Aurand, June 10, 1777; Benjamin Weiser, January 21, 1778; Thomond Ball, David McKinney, Wilton Atkinson, July 8, 1778; Frederick Antes, July 13, 1779; John Heckert, May 9, 1780; John Buyers, Christian Gettig, September 28, 1780; Alexander Patterson, John Seely, David Mead, John Martin, September 10, 1783; Henry Shoemaker, February 7, 1784. The following were commissioned from 1785 to 1792 for districts situated wholly or in part within the present limits of the county: William Maclay, January 24, 1785 - Sunbury and Augusta; William Shaw, January 24, 1785 - Turbut; William Cooke, October 3, 1786 - Point; Samuel Weiser, October 29, 1787 - Mahanoy; Christian Gettig, October 29, 1787 - Sunbury; Joseph Jacob Wallis, October 29, 1787 - Sunbury; George Hughes, February 28, 1788 - Catawissa; John Weitzel, June 20, 1789 - Augusta; Robert Smith, September 1, 1791 - Turbut and Derry; John Buyers, September 1, 1791 - Sunbury and Augusta; George Hughes, September 1, 1791 - Shamokin and Catawissa; Samuel Weiser, September 1, 1791 - Mahanoy; John Weitzel, September 1, 1791 - Sunbury and Augusta; William Cooke, October 26, 1791 - Northumberland; David Hammond, October 26, 1791 - Chillisquaque and Turbut; Alexander Dixon, June 20, 1792 - Turbut and Derry; John Simpson, July 5, 1792 - Point and Northumberland. 1772. Augusta.- Constable, Alexander Grant. END OF PAGE 193 Turbut.- Constable, William McMeen; supervisors: John Clark, Jr., James Murray. 1773. Augusta.- Constable, Adam Haverling; supervisors: Alexander Grant, John Tucker; overseers: Arthur Auchmuty, John Harrison Turbut.- Constable, John Blair; Supervisors: William Piper, Hugh McWilliams; overseers: James Murray, Adam Marr. 1774. Augusta.- Constables: William Boyle, John Tucker; supervisors: David Fowler; Robert Durkee; overseers: John Weitzel, Jacob Haverling. Turbut.- Constable, John Blair; supervisors: John Simpson, Richard Malone; overseers: James Murray, Adam Man. 1775. Augusta.- Constables: Robert McBride, Stephen Sutton, Michael Bradley; supervisors: David McKinney, William Clark; overseers: Thomond Ball, Wilton Atkinson. Mahanoy.- Constable, Sebastian Brosius; supervisors: John Shaffer, Peter Almang; overseers: Samuel Weiser, John Fisher. Turbut.- Constable, John Blair; supervisors: Marcus Hulings, Jr., Benjamin Jones; overseers: John Cheney, William McKnight. 1776. Augusta.- Constables: Joseph Lorentz, Zachariah Robins; supervisors: Stophel Gettig, Samuel Lewis; overseers: John Maclay, John Buyers. Mahanoy.- Constable, Abraham Schreyer; supervisors: Peter Smith, George Yagey; overseers: Samuel Weiser, John Fisher. Turbut.- Constable, William Johnson; supervisors: John Dixon, Bartholomew Haines; overseers: Samuel McKee, Paul Geddis. 1777. Augusta.- Constables: William Dewart, Henry Richards; overseers: John Maclay, John Buyers. Mahanoy.- Constable, Nicholas Brosius. Turbut.- Constable, Henry Vanderslice. 1778. Augusta.- Constable, William Dewart; supervisors: James McLees, Frederick Dunkelberger; overseers: George Cliver, Elias Youngman Mahanoy.- Constable, Martin Kerstetter; supervisors: Christian Whitmore, Jacob Zartman; overseers: Martin Thomas, Daniel Kaubel. Turbut.- Constable, George Frederick. END OF PAGE 194 1779. Augusta.- Constables: William Robins, John Harrison; supervisors: John Black, John Buyer's; overseers: John Behm, George Dougherty. Mahanoy.- Constable, Maximilian Haines; supervisors: Abram Schneider, Gottlieb Lefler; overseers: Henry Krebs, Michael Lenker. 1780. Augusta.- Constable, Michael Rousher; supervisors: Henry Sterritt, Christian Gettig; overseers: Henry Richards, Conrad Shaffer, Zachariah Robins. Mahanoy.- Constable, Gottlieb Lefler. 1781. Augusta.- Constables: George Keyser, Joseph Lorentz, supervisors: Henry Sterritt, Ludwig Gass; overseers: William Sims, Abram DeWitt; fence viewers: Henry Sterritt, Philip Opp. Mahanoy.- Constable, John Herter; supervisors: Peter Ferster, Nicholas Groninger; overseers: Peter Albert, George Kline. Turbut.- Constable, Simon Hemrod; supervisors: James Stedman, John Gamble; overseers: John Yost, George Teeples. 1782. Augusta.- Constables: Henry Sterritt, George Cliver; supervisors: William Sims, Joseph Lorentz; overseers: John Harrison, Bernard Eyregood; fence viewers: Nicholas Rousher, Daniel Cruger. Mahanoy.- Constable, John Fisher; supervisors: William Ferster, Francis Shaffer; overseers: Valentine Rebuck, John Tobbs. Turbut. Constable, James Stedman; supervisors: Jacob Links, John McHenry; overseers: Richard Malone, James Harrison. 1783. Augusta.- Constable, Jacob Gass; supervisors: Peter Hall, Frederick Weiss; overseers: Martin Epley, John Black; fence viewers: Paul Baldy Robert McBride. Mahanoy.- Constable, Daniel Kobel. Turbut.- Constable, Paul Geddis. 1785. Augusta.- Constables: Henry Lebo, Adam Gilger; supervisors: John Harrison, Christian Shissler; overseers: John Black, Peter Smith; fence viewers: Joseph Lorentz, William Dewart; auditors: John Snider, Martin Withington. Mahanoy.- Constable, Andrew Reitz; supervisors: John White, Yost Schockingast; overseers: John Herter, Peter Smith. END OF PAGE 195 Turbut.- Constable, John Nelson; supervisors: John Montgomery, David Ireland; Overseers: Matthew Smith, James Harrison; fence viewers: William McKnight, William Murray. 1786. Augusta.- Constables: John Tombe, Martin Epley; supervisors: John Weitzel, John Harrison; overseers: Ludwig Gass, Nicholas Rousher; fence viewers: Joseph Wallace, Paul Baldy; auditors: David Mead, Christian Gettig, Charles Gobin, Martin Withington. Point.- Constable, Joseph Torbett; supervisors: James Hepburn, James Jenkins; overseers: Laughlin McCartney, Bernard Hubley; fence viewers: Daniel Reese, Daniel Kelly. Turbut.- Supervisors: William Cook, Robert Taggart; overseers: James Biggars, Robert Smith; fence viewers: Martin Keiser, John Dickson. 1787. Augusta.- Supervisors: John Clingman, Jacob Martz, Jr.; overseers: Jacob Conrad, Adam Renn; fence viewers: Charles Gobin, William McAdams; auditors: William Gray, David Mead, Martin Withington, Joseph Wallace. Chillisquaque.- Constable, John Cheney; supervisors: Thomas Strawbridge, James Stedman; overseers: John Murray, John Gillespie; fence viewers, James Murray, Joseph Wilson; auditors: Thomas Hewitt, James McMahan, John Alexander, William Fisher. Mahanoy.- Constable, William Forster; supervisors: Peter Roth, Ludwig Schreyer. Point.- Constable, Matthew Crozier; supervisors: Christian Dering, James Lemon; fence viewers: James Hepburn, Thomas Pollock. Turbut.- Constable, Philip Davis; supervisors: David Hammond, James Harrison; overseers: John Hood, Andrew Russell; fence viewers: John Montgomery, Jacob Follmer; auditors: William Shaw, Frederick Taylor, John Lytle, Matthew Smith. 1789. Augusta.- Constables: Paul Baldy, Zachariah Robins; supervisors: Casper Snyder, Joseph Lorentz; overseers: Daniel Witmer, Charles Gobin; fence viewers: Jacob Yoner, Martin Epley. Chillisquaque.- Constable, James Carscaddon, Jr.; supervisors: William Fisher, Paul Geddis; overseers: Thomas Strawbridge, William Murray. Mahanoy.- Constable, Nicholas Schneider; supervisors: Valentine Rebuck, Michael Emerick; overseers: George Pfeiffer, Christopher Whitmore. Point.- Constable, John Allen; supervisors: Robert Martin, John Boyd; overseers: William Wilson, Josiah Haines; fence viewers: William Sims, Samuel Drake. END OF PAGE 196 Ralpho.- Constable, John Miller; supervisors: Abraham Brewer, John Kelley; overseers: John Clark, Obadiah Campbell; fence viewers: Samuel Reeder, John McKenzie. Turbut.- Constable, Henry Lebo; supervisors: Daniel Vincent, Robert Hood; overseers: Joseph Hutchison, David Ireland; fence viewers: Michael Follmer, Andrew Russell. 1790. Augusta.- Constables: Daniel Hurley, Benjamin Patterson; supervisors: Martin Kendig, Zachariah Robins; overseers: Alexander Hunter, William McAdams; fence viewers: Peter Smith, John Lyon. Chillisquaque.- Constable, John Donaldson; supervisors: Thomas Palmer, Joseph Wilson; overseers: John Wilson, Francis Eustis: fence viewers: James Stadden, Thomas Hewitt. Mahanoy.- Constable, Michael Shaffer; supervisors: William Dobson, George Borell; overseers: John Latsha, Sebastian Stonebraker; fence viewers: Henry Zartman, Christian Heckendon. Point.- Supervisors: Daniel Montgomery, John McFarren; overseers: James Davidson, William Adams; fence viewers: John Maclay, Aaron Levy. Shamokin.- Constable, Casper Reed; supervisors: Samuel Reeder, Richard Robinson; overseers: John Kerr, Jacob Reed; fence viewers: John Williamson, William Becker. Turbut.- Constable, William McCormick; supervisors: David McGuire, Robert Montgomery; overseers: James McClung, David Ireland; fence viewers: James Harrison, William McKnight. 1791. Augusta.- Constables: Zachariah Robins, Peter Smith; supervisors: Daniel Witmer, Henry Bucher; overseers: William Gray, Nicholas Miller; fence viewers: Martin Epley; Jacob Haverling. Chillisquaque.- Constable, James McMahan; supervisors: James Lattimore, Thomas Hewitt; overseers: Paul Geddis, Alexander Miller; fence viewers: William Reed, William Fisher. Mahanoy.- Constable, Michael Lenhart; supervisors: Casper Gabel, Andrew Reitz; fence viewers: Daniel Brosius, Nicholas Hettrick; overseers: Henry Zartman, Jacob Oxreiter. Point.- Constable, William Mackey; supervisors: Robert Martin, Daniel Montgomery; overseers: James Davidson, William Bonham; fence viewers: John Bachenstozs, Robert Lyon. Shamokin.- Constable, William Clark; supervisors :William Schrach, John Carr; overseers: John Moore, George Daugherty; fence viewers: George Dibber, John Irwin. Turbut.- Constable, Garret Sickles; supervisors: William McCormick, END OF PAGE 197 Robert Miles; overseers: Fleming Wilson, James McClung; fence viewers: William Miles, John Vandyke. 1792. Augusta.- Constables: Zachariah Robins, Henry Boughner, Wendel Lorentz; supervisors: Martin Epley, John Arthur; overseers: Joseph Wallis, William Dewart, Martin Withington; fence viewers: Christian Gettig, William McAdams; auditors: John Weitzel, John Buyers, John Kidd, Flavel Roan. Chillisquaque.- Constable, John Gillespie; supervisors: William Reed, John Alexander; overseers: Robert McNeal, Hugh McBride; fence viewers: Robert Finney, John Donaldson. Mahanoy.- Constable, Michael Lenhart; supervisors; John Heckert, John Fisher; overseers: Philip Lefler, George Haines; fence viewers: Michael Neigh, Nicholas Popp. Point.- Constable, James Hepburn; supervisors: Josiah Haines, John Pollock; overseers: John Mackey, John Painter; fence viewers: John Cowden, John McJanan; auditors: Frederick Antes, Stephen Dering, John Montgomery, John Frick. Shamokin.- Constable, John Kan; supervisors: Michael Moore, Jacob Kanhart; overseers: Richard Robinson, Samuel Reeder; fence viewers: Robert Kennedy, Samuel Moore; auditors: George Daugherty, John Kelly, Abram Brewer, Casper Reed. Turbut.- Constable, Garret Sickles; supervisors: John McCormick, William Miles; overseers: Fleming Wilson, William Shaw; fence viewers: John Vandyke, William Miles; auditors: James McClung, Robert Hood, Joshua McGuire, John Itsworth. END OF PAGE 198 Page 199 contains a portrait of John B. Packer Page 200 is blank. CHAPTER V. - PART I Pages 201 - 212. THE BENCH AND BAR FIRST COURTS AND CASES THE QUARTER SESSION - EARLY ADMINISTRATION OF PENAL JUSTICE - THE ORPHANS' COURT - THE COMMON PLEAS - RULES OF COURT THE provincial judiciary act of March 22, 1722, the general provisions of which were in force at the time Northumberland county was organized, established in each county a court Styled the general quarter sessions of the peace and gaol delivery and a county court of common pleas, for each of which the Governor was authorized to commission a competent number of justices, three of whom should constitute a quorum. The orphans' court, as constituted in 1772, was established in 1713. The constitution of 1776 provided for courts of sessions, common pleas, and orphans' courts, the organization and functions of which remained substantially as under the provincial regime. By the constitution of 1790 the judicial power of the Commonwealth was vested in a Supreme court, in a court of oyer and terminer and general jail delivery, common pleas, quarter sessions, orphans' court, and register's court for each county, and in justices of the peace. The judges of the Supreme court were, ex officio, justices of oyer and terminer and general jail delivery in the several counties. Provision was made for the division of the State into judicial circuits; the Governor was authorized to appoint a president of the courts for each circuit and not less than three nor more than four judges for each county, for whom a life tenure was established subject to the good behavior of the incumbent, who was removable by the Governor upon the address of two thirds of each branch of the legislature. The president and judges, any two of whom should constitute a quorum, were to compose the court of common pleas. They were also justices of oyer and terminer and general jail delivery, any two of their number, the president being one, to constitute a quorum; but no session of this court was to be held in any county when the Supreme court should be sitting therein. The court of quarter sessions and the orphans' court were also to be composed of the judges of the common pleas, who, with the register of wills, were to constitute the register's court. The latter was abolished by the constitution of 1873. END OF PAGE 201 FIRST COURTS AND CASES. The act erecting Northumberland county passed the Assembly on the 21st of March, 1772; this action of the legislative body was certified to Council three days later, when it received favorable consideration, and justices for the new county were forthwith appointed. The seat of government for the Province was at Philadelphia, and communication with the frontier was attended with difficulty and delay; it is not probable, therefore, that much time elapsed after the commissions of the justices reached Fort Augusta before the judicial machinery was placed in motion. The first court, a private sessions of the peace, was held on the 9th of April, 1772. The following is a transcript of the minutes:- At a court of private sessions of the peace held at Fort Augusta for the county of Northumberland on the 9th day of April in the twelfth 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, etc., and in the year of our Lord God 1772, before William Plunket, Esquire, and his associates, justices assigned, etc., etc., within the said county of Northumberland, viz.:- An act of [the] General Assembly of Pennsylvania entitled "An act for erecting a part of the counties of Lancaster, Cumberland, Berks, Northampton, and Bedford into a separate county," was published in court. A commission from his Honor the Governor, bearing date the 24th day of March, anno Domini 1772, appointing William Plunket, Turbutt Francis, Samuel Hunter, James Potter, William Maclay, Caleb Graydon, Benjamin Allison, Robert Moodie, John Lowdon, Thomas Lemon, Ellis Hughes, and Benjamin Weiser, Esquires, justices of the court of general quarter sessions of the peace and gaol delivery for the said county of Northumberland, was published in court. On motion made, the said county of Northumberland, or as much of the extent of the same as is now purchased from the Indians, is divided into the following townships, to be hereafter called and known by the names of Penn's township, Augusta township, Turbut township, Buffalo township, Bald Eagle township, Muncy township, and Wyoming township. Then follows a description of the boundaries of each township, as given in the preceding chapter. Officers were also appointed for the respective townships at this session. The first court of general quarter sessions of the peace for Northumberland county was held at Fort Augusta on Tuesday, the 26th of May, 1772, before William Plunket and his associates. As at the previous session, an exemplified copy of the act erecting the county "certified under the hand of William Parr, Esquire, master of the rolls for the Province," was "published in open court." The commissions of the justices were again read, and also "a deputation from Andrew Allen, Esquire, attorney general for the Province of Pennsylvania, to Edward Burd, for the prosecution of the pleas of the crown within the said county of Northumberland." As the first recorded proceedings it is stated that,- Upon petitions to the court, George Wolf, Martin Traester, William Wilson, Richard Malone, Peter Hosterman, Henry Dougherty, Robert Martin, Casper Reed, and END OF PAGE 202 Francis Yarnall are recommended to his Honor the Governor by his license to sell spirituous liquors by small measure, and keep houses of public entertainment in the townships and places where they now respectively dwell in this county, for the ensuing year. Wolf, Traester, Hosterman, and Reed resided in Penn's township; Malone, Dougherty, and Martin, in Turbut; Wilson and Yarnall, in Augusta. Marcus Hulings and John Alexander, of Turbut; Adam Haverling, of Sunbury; Martin Kost, of Buffalo, and James Weiser, of Augusta, were added to this number before the close of the year. The first road petition considered was that of "sundry the inhabitants of the West Branch of Susquehanna and places adjacent," setting forth the great inconvenience they labor under for want of public highways, etc., and praying that proper persons should be appointed "to view and lay out a road from the end of the road lately opened from the head of Schuylkill to Fort Augusta, across the North Branch of the river Susquehanna to the main point opposite Fort Augusta, thence up the easterly side of the West Branch of said river to the line of the late Indian purchase at Lycoming." Richard Malone, Marcus Hulings, Jr., John Robb, Alexander Stephens, Daniel Layton, and Amariah Sutton were appointed to lay out the proposed road agreeably to the terms of the petition if their judgment should so determine. "Sundry inhabitants of the North Branch of Susquehanna and of the waters of Mahoning creek" also presented a petition "setting forth the great conveniency of a public highway from Fort Augusta to the narrows of Mahoning," and praying for the appointment of "suitable persons to view the ground.... in order to discover the nighest and best road;" to this service Thomas Hewitt, Robert McCulley, John Black, Hugh McWilliams, Robert McBride, and John Clark, Jr., were appointed. Hitherto the entire attention of the court had been directed to the exercise of its administrative functions. Actions begun in the county prior to its erection, criminal as well as civil, had been continued in the courts at Reading, Lancaster, or Carlisle, respectively, and, although the deputy attorney general's commission was read at May sessions, 1772, no case requiring the attention of that officer was tried until the following term. Until the first election of county officers should occur the sheriff of Berks county was authorized to perform the duties pertaining to that office; and on the fourth Tuesday in August, 1772, the first grand jury was impaneled, as shown by the following minute:- George Nagel, Esquire, high sheriff for the county aforesaid, returned the writ of venire to him directed, with the panel annexed, which being called over after proclamation made, the following persons appeared, who were accordingly sworn on the grand inquest for our Sovereign Lord the King for the body of the county: John Brady, foreman, George Overmeier, John Rhorrick, Leonard Peter, Garret Freeland, John Yost, William Gray, Ludwig Derr, George Ban, Andreas Heffer, Hawkins Boone, George Wolf, William Cooke, John Kelly, James Poke, John Walker. END OF PAGE 203 The record of the first case is as follows :- The King Sur indictment, felony; true bill. No. 1. Vs. The defendant being arraigned, plead non cul. et de hoc ponit John Willaims se etc., etc.; pro Rege, alias Thomas Adams. Similiter etc., etc. And now, a jury Testes pro Rege; being called, come, to wit: William Piper, William Scull, Isaac Miller, Robert Fruit, James Morrow, Samuel Hunter, Thomas Hewitt, Richard Irvine, Robert Clark, Thomas Lemon Benjamin Fulton, Andrew Gibson, John Morrow, Francis Irvine, and Henry Dougherty, who on their oaths respectively do say, that the defendant is guilty in manner and form as is in the said indictment set forth. Whereupon it is adjudged by the court that the said John Williams alias Thomas Adams do make restitution of the goods stolen; and pay a fine of five pounds to his Honor the Governor for support of government; and receive on his bare back at the common whipping post on the 2d of October next twenty-one lashes, and stand committed until this sentence is executed. At the same term of court Williams alias Adams was also convicted upon a second and third indictment for felony. Upon the second indictment he was fined five pounds, seven shillings, six pence, and sentenced to receive twenty-one lashes on the 30th of September; upon the third the line was three pounds, five shillings, and he was sentenced to receive twenty-one lashes on the 1st of October. These three indictments were the only cases tried at this term of court, and constitute the first recorded proceedings in the criminal annals of the county. In each instance conviction followed arraignment, and the amount of the cumulative sentence - a fine aggregating more than thirteen pounds, a relatively large sum of money at that period, and the infliction of twenty-one lashes upon three consecutive days, was certainly equal to the requirements of justice. In the punishment of penal offenses the whipping-post, stocks, and pillory were frequently brought into requisition. The whipping-post, which stood in the public square in front of the old jail building at the corner of Market street and Center alley, was a stout piece of timber firmly planted in the ground, with a horizontal crosspiece above the head; to this the hands of the culprit were tied, while the sheriff administered the flagellation on his bare back The pillory was erected under a walnut tree on the river bank in front of the Maclay house, where a slight depression in the ground still marks the site; this consisted of an upright frame with openings through which the head and hands of the offender protruded, and a low platform upon which he stood, Custom, and also the common law, permitted every passer-by to throw one stone at the culprit's head. In the stocks the offender sat upon a platform with his hands and feet projecting through a framework in front. No regular facilities of this nature having been provided, the stocks were improvised by thrusting the legs of the culprit between the rails of a fence above the Maclay house. This seems to have served the purpose under Plunket's administration. The first instance in which these instrumentalities were resorted to in the END OF PAGE 204 administration of penal justice occurred at August sessions 1772, in the case of Williams alias Adams. At May sessions, 1776, Daniel Pettit was convicted of altering a five-dollar bill and sentenced to "stand in the public pillory in the town of Sunbury on the 31st of May instant from eight until nine o'clock in the forenoon, and be imprisoned for one month, and stand committed until this judgment be complied with." In November, 1778, Esar Curtis was convicted of larceny; his sentence was, to "pay a fine of forty pounds to his Excellency the Governor for the support of government, forty pounds by way of restitution for the horse stolen, and receive seventeen lashes well laid on, and stand committed until fine, fees, etc., are paid." This seems to have been the first conviction for horse-stealing. Alexander Craig was also convicted of larceny at the same term of court; he was amerced in the sum of eighty pounds, and sentenced to receive "twenty-seven lashes on his bare back well laid on." In February, 1779, Elijah Higgins was arraigned upon an indictment for larceny, and found guilty; it was adjudged that he "return the hog or the value of the same, pay a fine of three pounds, and be whipped next Saturday with twenty lashes." The lash seems to have been used without regard to color or sex. In February, 1781, negro Ann, convicted of larceny, was sentenced to "be publicly whipped at the public whipping post at Sunbury on Saturday, the 10th day of March, with twenty lashes on her bare back well laid on, at ten o'clock of that day; restore the goods or the value thereof to the owner, Eleanor Green, and pay a fine equal to the value of the things stolen; pay the costs of prosecution, and stand committed till the above sentence be complied with." The goods purloined amounted in value to three pounds, three shillings, State currency. In February, 1785, Patrick Quinn was found guilty of stealing a "tow linen shirt to the value of ten shillings;" it was directed that he should restore the same or an equivalent in money, pay a fine equal to the value thereof, and "receive on his bare back at the common whipping post on Friday, the 25th day of February instant, at nine o'clock in the morning, twenty-one lashes." For the theft of eighty-three shillings, four pence, John Miller was found guilty of felony in November, 1785; it was ordered that he should make restitution, pay a fine equal to the amount Stolen, "and on Friday, the 25th instant, receive on his bare back twenty-one lashes well laid on." The maximum of physical punishment inflicted by judicial process in the early history of the county was probably the sentence imposed upon Joseph Disberry at August sessions, 1784, upon conviction of felony. It reads as follows:- Judgment: that the said Joseph Disberry receive thirty-nine lashes between the hours of eight and nine o'clock tomorrow; stand in the pillory one hour; have his ears cut off and nailed to the post; return the property stolen, or the value thereof; remain in prison three months; pay a fine of thirty pounds to the Honorable the President of this State for the support of government, and stand committed until fines, fees, etc., are paid. END OF PAGE 205 But Disberry's moral delinquencies were not rendered less frequent in occurrence or reprehensible in character by the radical measures just described, and he continued to the end of his career a troublesome member of society. Even at this late date the number and variety of his exploits, his versatile and ingenious manner of evading arrest, and the air of perfect nonchalance with which he asserted his innocence when confronted with the most incontrovertible evidence of guilt, retain a place in the traditions of this part of the State. In August, 1798, he was arraigned on three indictments for burglary, to each of which, with characteristic sang froid, he plead not guilty. A longer period of immunity than usual had made him more than ordinarily bold; he had entered the houses of Philip Bower, Peter Jones, and Isaiah Willits, taking scarcely any precautions whatever to avoid detection, and the result of the trial was conviction on the three indictments. It was the sentence of the court "that the defendant forfeit all and singular his goods and chattels, lands and tenements, to and for the use of the Commonwealth; and be conveyed to the gaol and penitentiary house of the city of Philadelphia, there to undergo the servitude aforesaid for the term of twenty-one years," of which term two years were to be spent in solitary confinement. Tradition asserts that he survived this long incarceration, and died a violent death. The first case of fornication and bastardy as shown by existing records was tried at November sessions, 1774. The defendant was Peter Weiser, and it was adjudged that he should pay "a fine of ten pounds to the Governor, and pay to Margaret Kessler the sum of seven pounds, ten shillings, for her lying-in expenses and maintaining the child to this time, and give bond with sufficient security for the maintaining of the child and securing or indemnifying Penn's township against any charges by reason or means of the said child." Cases of this nature are of frequent occurrence in the early records. It is worthy of remark, however, that they were principally brought against indentured servants. The man was usually required to contribute to the support of the child, while the woman was obliged to serve a year or longer beyond the time when her term of service would regularly have expired. The first cases of assault and battery were tried at May sessions, 1773, resulting in conviction in each instance. The fine imposed was two shillings, six pence, and the offender was required to give his recognizance for future good behavior. Cases of this nature contributed largely to the business of the quarter sessions. There is reason to think that ignorance of the law, if not an excuse for its infraction, was at least a palliation in the eyes of the early justices. A case in point occurred at November sessions, 1778. Joseph Sprague plead guilty to an indictment for keeping a tippling house; he was sentenced to pay the costs, but the fine was remitted, "the crime appearing to be the effects of ignorance." END OF PAGE 206 It was the duty of the constables to attend the sessions of the court, where their presence assisted in sustaining the majesty of the law and the dignity of the bench. The attendance of all the constables of the county was required until August sessions, 1789, when the following regulation was established:- It is agreed by the court that after the constables appear at each term and make their returns that they will be all dismissed but those who are reserved to attend the business of the court agreeable to the following distribution; and those of them who make default may rely on it that the court will strictly exact the fine. Division of the constables to serve in rotation, viz.: First Class.- The constables of Augusta, Bald Eagle, Beaver Dam, Buffalo, Catawissa, to serve at November sessions. Second Class.- The constables of Nippenose, Penn's, Pine Creek, Point, Potter's, Turbut, at February sessions. Third Class.- The constables of Derry, Loyalsock, Lycoming; Mahoning, Mahanoy, Muncy, at May sessions. Fourth Class.- The constables of Chillisquaque, Washington, White Deer, Fishing Creek, Shamokin, at August sessions. The Orphans' Court was organized on the 9th of April, 1772. The minutes of the first session are as follows:- At an orphans' court held at Fort Augusta the 9th day of April, in the twelfth 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, etc., and in the year of our Lord God 1772, before William Plunket, Samuel Hunter, Caleb Graydon, Robert Moodie, and Thomas Lemon, Esquires, justices of the same court, etc., for the county of Northumberland; Came into court William Maclay, Esquire, and produced a commission from his Honor the Governor, bearing date the 24th day of March last past, appointing him, the said William Maclay, clerk or register of this court; and likewise a deputation from Benjamin Chew, Esquire, register general for the probates of wills and granting letters of administration for the Province of Pennsylvania, constituting and appointing him, the said William Maclay, deputy register for the probate of wills and granting letters of administration for the county of Northumberland, both which were read and published in court, and the said William Maclay took the oath for the faithful discharge of the said offices, respectively. The first proceedings are recorded under date of August 13, 1773, Justices William Maclay, Samuel Hunter, and Michael Troy, presiding. Alexander McKee, administrator of the estate of Thomas McKee, deceased, of Augusta township, presented a statement of the indebtedness, etc. of said decedent, and was authorized to sell a tract of land called "New Providence," situated in Augusta township, formerly Upper Paxtang township, Lancaster county. The proceedings in this case were begun at Lancaster. Among the cases that appeared for consideration at January term, 1779, was one that affords a melancholy illustration of the hardships of those troublous times. In the preceding summer a number of refugees from Muncy, driven from that locality by the Indians, had been cared for by the people of Augusta township. Albert and Catharine Polhemus were among END OF PAGE 207 these unfortunates; both died and were buried at the public expense, leaving seven children, whose support was temporarily assumed by the overseers of the poor. It became necessary to levy an extra tax for their maintenance, and at January sessions, 1779, the overseers were authorized to indenture them, the conditions prescribed being similar to the following:- To Elias Youngman, Magdalena Polhemus, until she be eighteen years of age, he accommodating her according to the custom of the country during her servitude; to teach or cause her to be taught to read and write English; bring her up in the Presbyterian religion; and at the expiration of her servitude give her decent freedoms, with twenty pounds lawful money of Pennsylvania. The sequel would seem to show that those to whom unfortunate and destitute children were indentured were not always faithful to the obligations thus assumed. At November sessions, 1786, of the court of quarter sessions, Magdalena Polhemus presented a petition to the court setting forth that she had "faithfully and honestly" served Elias Youngman the full term of seven years for which she had been indentured; but that he had not "performed the covenants in the said indenture mentioned by furnishing her with her freedom dues at the expiration of her servitude." At the following term of court it was adjudged that she should be paid eight pounds, in default of which an attachment should issue to compel payment. In this summary manner did the court enforce just treatment for its wards. At August sessions, 1779, "a certain Sarah Silverthorn, aged seven years," was indentured to William Huburn; as part of the obligation assumed he agreed "to teach or cause her to be taught to read and write English, bring her up in the Presbyterian religion, and at the expiration of her servitude give her the usual freedoms, with a good spinning wheel." The question may arise whether Presbyterianism sustained to the county administration the relation of an established church. It is probable, however, that the only object of the court was to insure for its wards proper religious training, and that in designating a particular church the religious preferences of the child's parents were considered. Orphans' courts were held very irregularly for some years after the organization of the county. That this might be remedied the following action was taken by the justices at May term, 1783: WHEREAS, Hitherto there has been no stated or fixed time for holding orphans' Courts in said county; It is therefore unanimously agreed and determined by the said justices, [Frederick Antes and his associates] at this present sessions that from and after this present sessions that Orphans' courts in or for this county shall be held at Sunbury the fourth Tuesday in June, the fourth Tuesday in September, the fourth Tuesday In December, and the fourth Tuesday in March, statedly and forever thereafter. The first will recorded is that of Joseph Rotten, of Buffalo township, which was certified to the deputy register, August 24, 177~ It was drawn 16th of May previously, in the presence of William Moore, James END OF PAGE 208 McCoy, and Samuel Mather. The testator bequeathed "to Mary, my dearly beloved wife, my best bed and furniture, also a black cow, as also one tall third part of all my personal estate, either in cash, goods, or chattels;" the remainder was devised in equal portions to his three children, Thomas, Roger, and Elizabeth. In June, 1779, James Jenkins and Morgan Jenkins, executors of the nuncupative will of Thomond Ball, transacted certain business with the court under its provisions. Among the personality mentioned is a gold watch, which the court directed should be "sold by public vendue in the city of Philadelphia or town of Lancaster." Ball had been a justice of the court and served for a time as its deputy clerk. This is the first nuncupative will mentioned in the records of the court, and one of the very few instruments of that character that have received the consideration of the judiciary in this county. It is presumed that the decedent was too much occupied with business relating to other people's wills to find time to write his own. The Court of Common Pleas, - The first session of this court began on the fourth Tuesday in May, 1772. The proceedings are thus set forth in the minutes:- Northumberland County, ss. At a county court of common pleas held at Fort Augusta for Northumberland county the fourth Tuesday in May in the twelfth year of the reign of our Sovereign Lord George the Third, by the grace of God King of Great Britain, France, and Ireland, Defender of the Faith, etc., annoque Domini MDCCLXXII, and continued by adjournments; Present - William Plunket, Samuel Hunter, Caleb Graydon, Thomas Lemon, Robert Moodie, and Benjamin Weiser, Esquires, justices of the county court of common pleas for the said county of Northumberland, viz.:- An exemplified copy of the act of General Assembly of the Province of Pennsylvania, entitled "An act for erecting a part of the counties of Lancaster, Cumberland, Berks, Northampton, and Bedford into a separate county," certified under the hand of William Parr, Esquire, master of the rolls for the said Province, and seal of his office, was read and published in open court. A commission from his Honor the Governor, dated the 24th day of March, 1772, was read and published in open court, appointing William Plunket, Turbutt Francis, Samuel Hunter, James Potter, William Maclay, Caleb Graydon, Benjamin Wilson, Robert Moodie, John Lowdon, Thomas Lemon, Ellis Hughes, and Benjamin Weiser justices of the county court of common pleas for Northumberland county. A commission from his Honor the Governor, dated the 24th day of March, 1772, appointing William Maclay, Esquire, prothonotary of the county court of common pleas for Northumberland county, was read and published in open court, whereupon he took an oath for the faithful discharge of his office: On motion made, the following gentlemen were admitted and sworn attorneys of this court, viz.: James Wilson, Robert Magaw, Edward Burd, George North, and Christian Huck. On motion, Mr. James Potts, after examination, was admitted and sworn an attorney of this court. On motion, Mr. Andrew Robison was admitted and sworn an attorney of this court, after having been duly examined. END OF PAGE 209 On motion, Mr. James Potts, after examination, was admitted and sworn an attorney of this court. On motion, Mr. Andrew Robison was admitted and sworn an attorney of this court, after having been duly examined. On motion, Mr. Charles Stedman, after being examined, was admitted and sworn an attorney of this court. The record of the first cases is as follows:- John Simpson Debt sans breve. Defendant in this action 1. vs. confesses judgement to the plaintiff for Burd. Hawkins Boone. the sum of sixteen pounds, sixteen shillings. Debt and interest £7 12s. 8d. Acknowledged the Att'y and clerk fees 2 11 6 26th day of May, ________ before me Wm. Maclay £10 4 0 August 23d, rece'd by Wm. Maclay. Rece'd principal and interest of the debt £7 12s. 6d. in this action And my fee 1 10 0 __________ £9 2 6 Edward Burd. Robert Sample Debt sans breve. Defendant in this action 2. vs. confesses judgement to the plaintiff for Wils[on] William McCall. the sum of twenty-five pounds and three Acknowledged the 27th shillings. day of May, 1772, before me, Wm. Maclay. Jasper Scull Debt sans breve. The defendant in this 3. Vs. action, (by Edward Burd, his att'y,) Burd. Daniel Reese. confesses judgment to the plaintiff Acknowledged this 12th for the sum of forty-three pounds, Day of July, anno Dom. fourteen shillings. 1772, before Wm. Maclay. The second term opened on the fourth Tuesday in August, Justices, Plunket, Hunter, Lemon, Moodie, and Potter, presiding. The first entry on the docket is the case of James Patton vs. James Gaily, Magaw for plaintiff, Wilson and North for defendant. The second case is an action for ejectment brought by the lessee of Samuel McCroskey against Robert King, Wilson for plaintiff and Burd for defendant. The first application of the arbitration system occurs in the case of Michael Rega vs. William Blyth, Buck for plaintiff and Wilson for defendant, in which all matters at variance were referred to John Brady, Samuel Maclay, and George Wolf, who found for the plaintiff a balance of five pounds, seven shillings, eleven pence halfpenny. The causes entered upon the docket at this term are numbered to thirty-three, but it does not appear that many of them came to trial. In several instances no proceedings whatever are recorded, and a majority of the causes were continued to the following term. The names of Magaw, Wilson, Burd, Buck, North, Hartley, Weitzel, Robison, and Stedman appear as attorneys in connection with the causes entered at this term. Thomas Hartley, Casper Weitzel, Andrew Ross, and James Whitehead were admitted to the bar. The minutes are entered in a book; those of the preceding term were recorded on detached sheets of paper, and never transcribed to a more END OF PAGE 210 permanent receptacle. The minutes appear to have been somewhat neglected during the following years, but the appearance and continuance dockets are practically complete from the organization of the county. But meager information is afforded regarding the early procedure of the common pleas court. Although the judges were not learned in the law, they were doubtless familiar with the practice in England and in the older counties, while the presence of a respectable number of attorneys supplied whatever deficiency of legal erudition may have been apparent in the bench. The prothonotary was evidently well qualified for the duties of his position, to which a relatively greater degree of importance attached at that early date than at a later period. It is not probable that the business of the court required any special rules for some years after the organization of the county; if any such were formulated it is not mentioned in the records. At May term 1789, in order to remedy the "manifest delays" and "great injustice done to suitors...... by reason of the uncertainty of levies made upon writs of fieri fadas," it was made a standing rule that in making return of an execution the sheriff should annex thereto a schedule of the property levied upon. At August term, 1789," for the better regulating the practice of the court of common pleas in the county of Northumberland," the following rules were adopted: It Is ordered by the court that for the future upon all judgments entered up, when the defendant shall not come forward at the return day of the writ of execution to complain of any irregularity in the judgment and execution, or to suggest any defense he may have, such judgment shall remain, and not be thereafter stirred. And in all cases where there has been an appearance, and judgment has been entered by consent of defendant's attorney, or in cases of judgment by default, and such judgments have remained four terms, no motion shall be received in order to open such judgment. And in order that the defendants may not be surprised, the sheriff, in all cases of a levy by virtue of any writ of fieri facias shall give notice to the defendant, or if absent leave notice at the last usual place of his residence, with a schedule of the property levied under penalty of an attachment The court further order and direct that an issue list be formed of the causes intended to be tried of a precedent term to the trial, and that the causes so put down for trial shall have a preference of all other causes, and shall not be put off but for some legal reason; and that the issue list so made shall be affixed in some public place in the prothonotary's office for the inspection of the parties concerned, in order to prevent a surprise; and that the causes so marked for trial in the issue list shall be considered in the same point of view as a cause ordered up by distringas at nisi prias, and be subject to the same rules and regulations, except as to serving written notice on the attorney; and in order to prevent any unnecessary expense in attending suits, the party, plaintiff or defendant, who so puts down his cause for trial, shall, if he does not bring on his cause for trial, pay all costs of the term. Provision for an argument court was first made at November term, 1799, when the prothonotary was directed to prepare an argument list as well as a trial list, and Saturday of each court week was set apart "for hearing and determining arguments." END OF PAGE 211 The earliest printed code of rules applying to the courts of this county that has come to the knowledge of the writer was published at Philadelphia in 1801 by William Young. The rules of the Supreme court, circuit courts, and courts of common pleas are published in the same volume; the "rules and orders for regulating the practice of the courts of common pleas" were established by the presidents of the several districts, but by what means this concert of action was secured is not stated. The various subdivisions relate to attorneys, security for costs, bail, certiorari, jury, judgment, declaration - plea, trial, witnesses, and arguments. Judge Rush was then president of the Third district, in which this county was embraced, and this code was probably in force throughout his administration and that of his successor, Judge Cooper. Judge Chapman instituted several changes immediately after his accession. Perhaps the most important was that relating to the preparation of the trial list. The following minute occurs under date of August 31, 1811:- On consultation with the bar, the following regulations are established respecting the trial of causes, viz.:- First.- That the remnants of the trial list, together with the additional causes ordered for trial, be placed upon the list hereafter according to their seniority, subject, however, to the second regulation; Second.- That fifteen causes be selected by the gentlemen of the bar, which fifteen are to be ready for trial on the Thursday of the first week. A new code of rules, the first relating specially to the Eighth district, was compiled under Judge Chapman's supervision and printed by Andrew Kennedy & Son at Northumberland prior to April, 1814. This is a small pamphlet of twenty-six pages, and elaborates somewhat upon its predecessor of 1801. A considerable period elapsed before the rules of court were again compiled and published. On the 16th of April, 1836, upon petition from the bar of Northumberland county, Messrs. Bellas, Jordan, and McDonald were appointed a committee to revise and collate the rules of court for the Eighth district. Whether they acted in conjunction with similar committees from the other counties of the district or performed the work independently can not be satisfactorily ascertained, but in the following year a new edition of the rules was published at Williamsport by Eck & Eldred. This was done under Judge Lewis's auspices, and, with subsequent emendations and additions, this compilation was the authoritative manual of practice during his incumbency and that of his successors, Judges Donnel, Anthony, and Pollock. A new code was formulated upon the accession of Judge Jordan; it was published in 1852. A revised edition, embodying the modifications and additions of the intervening period, was printed in 1867. The present "Rules of practice in the several courts of Northumberland county," compiled by Charles M. Clement under the direction of the court, were adopted, January 21, 1878, six years after Judge Rockefeller's elevation to the bench. END OF PAGE 212 (Continued on Next Page bell0009.txt)