The Bench and Bar
The First Court-The Whipping-Post and Pillory - Wood Rangers- Copy of the Commission Issued to Judge George Woods in 1790 -Judges James Riddle, Thomas Cooper, Jonathan Hays Walker, Charles Huston, John Tod, Alexander Thompson, Jeremiah S. Black, Francis M. Kimmel, James Nill, Alexander King, William M. Hall and William J. Baer-List of Bedford County Attorneys from 1771 to 1883-Col. Robert Magaw, the First Attorney - Biographical Sketches of Prominent Attorneys.
FROM the organization of the county in April, 1771, until the adoption of the of the state constitution of 1790, the justices of the peace presided over all courts held in the county. Three of them formed a quorum to transact business, yet, quite frequently, there were more than twice that number of their "worships" present during the sessions. The first term of court convened on the 16th day of April, 1771, and there were then present as justices of "our Lord the King to hear and determine divers felonies and misdemeanors" William Proctor, Robert Cluggage, Robert Hanna, George Wilson, William Lochrey and William McConnell.
The first business to occupy the attention of the court was to divide the county, then embracing the entire southwest quarter of the province, into sixteen townships as follows : Air, Bedford, Barree, Cumberland Valley, Dublin, Colerain, Brother's Valley, Fairfield, Mount Pleasant, Hempfield, Pitt, Tyrone, Spring Hill, Ross Straver, Armstrong and Tullileague. After the boundaries of these townships had been determined, township officers were appointed.
On motion of Barnard Dougherty, Esq., Robert Magaw was admitted and sworn as an attorney, and on motion of Mr. Magaw, Andrew Ross, Philip Pendleton, Robert Galbraith, David Sample and James Wilson, Esquires, were also admitted and enrolled as attorneys of Bedford county courts. John Kirts and Thomas Croyal, "of Bedford county, yeoman, came into court and acknowledged to owe to our Lord the King, viz: John Kirts the sum of one hundred pounds and Thomas Croyal the sum of fifty pounds lawful money of the Province of Pennsylvania, to be levied upon their Goods and Chattels, Lands and Tenements to His Majesty's use, UPON THIS CONDITION: That if the said John Kirts shall and do personally appear at the next General Quarter Sessions for this county, then and there to answer such matters-as shall be objected against him on his Majesty's Behalf and shall abide by such order as the Court shall award then this Recognizance is to be void." After notifying all persons vending liquors that they must apply for a license at the next court "or prosecution will be ordered," Margaret Fraser, Jean Woods, Frederick Nawgel, George Funk and John Campbell were recommended to the governor of the province as qualified and suitable persons to keep taverns, etc. The court adjourned to July of the year first mentioned.
The next term of court convened at Bedford on the 16th of July, 1171, there being present as justices of His Majesty King George the Third, John Fraser, Robert Hanna, William Lochrey, William Proctor, George Wilson, Robert Cluggage, William McConnell and George Woods, and as grand jurors, Thomas Coulter (foreman), Thomas Kenton, Adam Saam, Samuel Drenning, Richard Wells, Sr., Samuel Barrett, Abraham Cable, Henry Rhodes, Jr., George Milligan, Michael Sill, Edward Rose, Gabriel Rhodes, George Wells, Thomas Croyle, George Sill, Reynard Wolfe and John Hight. At this term David Grier, David Espy and George Brent, Esquires, were admitted as attorneys, and the first judgment of the court was rendered. We copy from the "Docquet":
The King vs.John Mallen. Felony. A true bill.
The prisoner being arraigned, pleads guilty, etc.
Judgment. That he restore (or value thereof) the goods stolen, that he pity a fine of six pounds to the President and Council for the support of Government; that he receive twenty-two lashes on his bare back, between the hours of nine and eleven tomorrow morning; that he pay the costs of this prosecution, and till this judgment is complied with, to stand committed.
At this term of court, through their foreman, Thomas Coulter, the grand jury reported to the court that the goal of the county was "insufficient."
During the October sessions of l771, John Casebold was bound in two hundred pounds, and William Fredrigal and Christopher Miller were bound in sums of one hundred pounds each, "Conditioned that John Casebold be of the Peace to all his Majesty's liege subjects, but particularly to John Cessna, for the term of six months, and also that he, the said John Casebold, be of good Behaviour." The John Mallen before mentioned again occupied the attention of the court, during the October term, for it was ordered "that John Mallen, an Indented Servant to Joseph Kelly, now in the Custody of the Gaoler, do serve for the term of six years to satisfy the said Joseph Kelly for the time he absented himself from his master's Service, and charges attending the taking up of the said John Mallen."
Much time was occupied in receiving petitions for roads, and in appointing commissioners or viewers, to view, lay out and attend to the opening of the same. During the October sessions of 1772, the following quaint document was presented and made a matter of record:
Upon the Petition of a number of the Inhabitants of the Great Cove, in Air township and places adjacent, setting forth that they have for many years laboured under great and pressing difficulties, a detail of which would be needless to mention. That they have for some years past been re-enstated in the peaceable possession and enjoyment of our once abandoned habitations, and now not only able to support our formerly distressed families, but also have something considerable to vend. That we have no way of disposing of this overplus to any advantage except by taking it to some seaport Town on the eastern side of our Continent, which lays us under the necessity of crossing the North Mountain, and as a certain Daniel Royer has now almost completed a merchant mill at a place formerly McMean's, in said Cove, which will be of considerable advantage to us, and the only one we can ever expect within our bounds. We therefore humbly pray your Worships to appoint men to view and lay out a wagon road from said Royer's Mill to foot of the well known Stony Batter, where the road from Sideling Hill to Baltimore crosses it. The length of the road will be but about five or six miles, and without it our hopes and prospects will be much frustrated These Considerations we hope will induce your Worships to grant our petition.
Thereupon the court appointed Thomas Paxton, Thomas Stevens, Benjamin Stevens, William Harred, James McKinley and Benjamin McClellan as commissioners to attend to the matter, and the road asked for was established prior to the October sessions of 1773.
During the January sessions of 1775 Alexander Miller and Richard Shee were found guilty of stealing a watch from James Williams. The court ordered that they return the watch or value thereof- six pounds ten shillings-to pay a fine of the same amount to the governor of the province, and to be publicly whipped at the whipping-post in the town of Bedford, January 20 following, Shee to receive five stripes and Miller twenty-one stripes on their bare backs, "well laid on," also to pay the costs of the proceedings against them.
"Wood Ranger" was the title conferred upon those who were appointed by the court to attend to and dispose of the estray stock of the county. George Woods, Samuel Davidson and George Funk were the first to fill that position, and were licensed in January, 1776.
The phrase, "The King vs." A B, was last used during the April sessions of 1776, the record for the opening of that term reading as follows:
A Court of General Quarter Sessions of the Peace, &c., held at Bedford, in and for the county of Bedford, the Third Tuesday in April in the sixteenth year of the reign of our Sovereign Lord George the Third of Great Britain, France and Ireland &c., in the year of our Lord one thousand seven hundred and seventy-six, before Barnard Dougherty Esq and his associate justices of the same court.
In consequence of the Americans having rebelled against their "lord" the king, court affairs in Bedford county, as in every other portion of the colonies, were in a chaotic state, and except a court of petty sessions, which was held at the house of Henry Wertz in Bedford on the 27th day of September, 1777, court was not convened again until October 14, 1777. At this term the expression "The Commonwealth vs." A B was first employed. After appointing constables for the several townships, taking five recognizances in "open court," and recommending Robert Culbertson, Richard Dunlap, Cornelius McAuley and Benjamin Martin as suitable persons to keep taverns, this court adjourned.
Prior to this time, or in September, 1771, the attorneys, justices and other officials of the county had subscribed to the following oath:
I, A B, do swear that I renounce and refuse all allegiance to George the Third, King of Great Britain, his heirs and successors, and that I will be faithful and bear true Allegiance to the Commonwealth of Pennsylvania as a free and Independent State, and that I will not at any time do, or cause to be done, any matter or thing that will be prejudicial or injurious to the freedom and independence thereof as declared by Congress; and also that I will discover and make known to some one Justice of the Peace of the said State all treasons or traitorous conspiracies, which I now know or hereafter shall know to be formed against this or any of the United States of America. So help me God.
Offenders against the established laws continued to be punished according to the old regime, even after the British yoke had been thrown off. In October, 1780, Thomas Morehead was sentenced to be taken to the common * whipping-post and there receive twenty-one lashes on his bare back, "well laid on." At the same time it was further ordered that Thomas Kelly should receive fifteen lashes. But the most extraordinary sentence made a matter of record in the court minutes of Bedford county was enunciated during the October sessions of 1782. Before James Martin, Esq., president of the court, and his associates, David Jones, James Croyle, John Canan and Thomas Paxton, a jury composed of Hugh Barclay, Daniel Rhodes, John Johnston, John Graham, Dickey Burkshire, Robert Wadsworth, Thomas Conway, George Elder, Shadrack Casteel, Joshua Davis, Samuel Skinner and Robert Gilson, Daniel Palmer was found guilty of horse-stealing; whereupon sentence was pronounced as follows:
It is therefore considered by the court that the said Daniel Palmer shall be taken tomorrow morning to the Public Whipping Post, and between the hours of eight and ten o'clock shall receive thirty-nine lashes to be well laid on his bare back, and that immediately afterward the said Daniel Palmer shall be placed in the Pillory, where he shall stand for one hour and have his ears cut off and nailed to the Pillory Post, and shall forfeit to the Commonwealth the sum of fifteen pounds, being the value of the Goods of Ludowick Fridline, of which the said Daniel Palmer is convicted of stealing, and shall pay the costs attending the Prosecution, and be committed until the whole of this sentence is complied with.
The severity of the punishment meted out to Palmer did not, it seems, deter others from following in his footsteps, for at the January term of 1787, in the case of the"Commonwealth vs. Brice McWhinney," the defendant was found guilty of horsestealing, and the sentence of the court was:
That the said Brice McWhinney do restore the horse stolen or the value thereof to the owner, if not already done, and pay a fine of ten pounds into the State treasury for the support of government. That he be taken tomorrow morning between the hours of nine and twelve o'clock to the Common Whipping Post and there receive thirty-nine lashes on his bare back well laid on. To have both his ears cut off and nailed to the Pillory and stay there one hour, and stand committed until this sentence is complied with.
After the declaration of American Independence, and until the adoption of the constitution of 1790, James Martin, Barnard Dougherty and George Woods were commissioned, and served alternately, as presidents of the county courts. Following is a copy of the commission issued to Judge Woods in 1790:
IN THE NAME and by the authority of the freemen of the Commonwealth of Pennsylvania. The Supreme Executive Council of the said Commonwealth to George Woods, Esq., of the County of Bedford. WE reposing especial trust and confidence in your Patriotism, prudence, integrity and Knowledge, have appointed you president of the County Court of Common Pleas, of the Court of General Quarter Sessions of the Peace, and jail delivery, and of the Orphans' Court in and for the County of Bedford, giving hereby and granting unto you the said George Woods full power and authority to execute and perform all the several acts and things to the said office belonging.
GIVEN under the hand of His Excellency Thomas Mifflin, Esq., President, and the Seal of the State, at Philadelphia, this twentieth day of April, in the year of our Lord one thousand seven hundred and ninety. Attest,
CHARLES BIDDLE, Secretary.
The second section of the act of April 13, 1791, provided for the division of the state into five judicial districts, and the third section of the same act further provided that a president judge, "learned in the law," should be appointed by the governor for each district, and not less than three nor more than four associate judges should be appointed for each county. Hence, in carrying out the provisions of this act, Gov. Mifflin, on August 20, 1791, appointed Thomas Smith, Esq., of Bedford, president judge of the fourth judicial district, which was then composed of the counties of Cumberland, Franklin, Bedford, Huntingdon and Mifflin, and on the same day appointed George Woods, first associate, James Martin, second associate, Hugh Barclay, third associate, and Peter Hopkins, fourth associate, judges of the county of Bedford.
Judge Smith continued to serve as president judge of this district until January 31, 1794, when he was appointed one of the associate judges of the supreme court of the state. His successor was Hon. James Riddle, of Chambersburg, who first visited Bedford as judge during the April sessions of 1794 (having been commissioned February 4 of that year), and continued on until the November term of 1804. Then came Hon. Thos. Cooper, who presided over the district composed of Bedford, Huntingdon, Mifflin and Centre counties, from the beginning of November sessions, 1804, until the close of November sessions, 1805.
On March 1, 1806, Hon. Jonathan H. Walker, the father of Hon. Robert J. Walker, secretary of the United States treasury in Folk's administration, was appointed president judge of the district vacated by Cooper. He resided in the building now known as the Union Hotel, Bedford, Pennsylvania, and continued to preside over the courts of the fourth district until the close of the April term in 1818. Hon. Charles Huston then became the successor of Judge Walker, and beginning with the August term of 1818, continued until the termination of April sessions, 1824. Another distinguished citizen of the town of Bedford succeeded Judge Huston to the presidency of the sixteenth ** judicial district, the territory then embraced by Franklin, Bedford and Somerset counties, upon the appointment of the latter to the supreme court bench. We refer to the Hon. John Tod. Judge Tod came to Bedford from the State of Connecticut about the year 1800. He was admitted to practice in the courts of Bedford county during the August term of 1802. Subsequently he represented this district in the assembly and senate of the state and in the national house of representatives. His commission as the presiding officer of the courts of the sixteenth district bore the date of June 8, 1824. He held his first term of court in Bedford during August and September, 1824, and continued to preside in the district mentioned until the termination of the April sessions, 1827, when he, too, was appointed one of the associate justices of the supreme court of the state, his appointment as such bearing the date of May 25 of the year last stated.
The successor of Judge Tod was Hon. Alexander Thomson, of Bedford. Judge Thomson had been a teacher in the Bedford Academy. He studied law in the office of Samuel Riddle, Esq., and was admitted to practice in the courts of Bedford county during the October term of 1816. His first term of court, at Bedford, began during August, 1827, and he continued his duties as the president judge of this district until the end of the January sessions in 1842. By the provisions of the constitution of 1838, the terms of the judges then in commission were all shortened, and thereafter the president judges were nominated by the governor, with the consent of the senate, to hold for ten years, and the associate judges to hold for five years.
Hon. Jeremiah S. Black, of Somerset, appeared at Bedford, as the president judge of the sixteenth judicial district, at the beginning of April sessions, 1842, and continued (though Hon. George M. Taylor and Hon. Samuel A. Gilmore had each held court here in 1850, by an arrangement with Judge Black) until the close of the November term, in 1851. By an amendment to the constitution of 1850, the office of all judges was then made elective. Consequently, the successor of Judge Black *** Hon. Francis M. Kimmel, of Somerset - was elected president judge of the sixteenth district, embracing the counties of Franklin, Fulton, Bedford and Somerset, in October, 1851. He held his first court in Bedford, in February, 1852, and continued to perform the duties of his office for the full term of ten years. Judge James Nill, of Chambersburg, was elected for the succeeding term in October, 1861. He died May 27, 1864, when Hon. Alexander King, of Bedford, was appointed (June 4, 1864) to fill the vacancy caused by the death of Judge Nill. Judge King was elected president judge of the sixteenth district (4*) in October, 1864, and was commissioned December 3d of that year, for a ten years' term. He died in office, however, January 10, 1871, when Hon. William M. Hall, Jr., of Bedford, was appointed February 1, 1871, to fill the vacancy. In October, 1871, Judge Hall was elected for a full term.
The present president judge, Hon. William J. Baer, of Somerset, was elected for a term of ten years in November, 1881.
As mentioned in a marginal note, under the constitution of 1873, Franklin county became a separate judicial district, to which Fulton county was soon after attached. Hence, Bedford and Somerset counties, alone, constitute the present sixteenth district, a district of which they have formed a part since March 29, 1824.
Since the formation of Bedford county about three hundred attorneys have been admitted to practice in its several courts. The list shows the names of men who were not only prominent in the struggle for national independence, but who aided in the organization of the commonwealth; beside a large number of others who during later years have distinguished themselves. A chronological list showing the date of admission of each - which may be considered nearly perfect-follows herewith. The names of those now practicing are designated by an asterisk:
Robert Magaw Admitted Apr. 16, 1771.
Andrew Ross " Apr. 16, 1771.
Philip Pendleton " Apr. 16, 1771.
Robert Galbraith " Apr. 16, 1771.
David Sample " Apr. 16, 1771.
James Wilson " Apr. 16, 1771.
David Grier " July 16, 1771.
David Espy " July 16, 1771.
George Brent " July 16, 1771.
Andrew Scott " July 14, 1772.
Thomas Woods " Oct. 14, 1777.
James Martin " Oct. 14, 1777.
Jonathan Seigart " Jan. term 1778.
George Woods " Apr. " 1778.
Thomas Smith " Apr. " 1778.
James Carson " Apr. " 1786.
James Riddle " Apr. " 1788.
William M. Brown " Jan. " 1790.
John Cadwallader " Jan. " 1790.
Jacob Nagle " July " 1790.
Samuel Riddle " Apr. " 1791.
John Clark " Apr. " 1791.
John Woods " Apr. " 1791.
Robert Smith " Date unknown.
George Thompson "
Henry Woods (son of Geo) " Aug. term 1792.
David McKeehan " Nov. " 1792.
Samuel Selby " Nov. " 1792.
Jonathan Hindman " Aug. " 1793.
James Morrison " Jan. " 1795.
John Lyon " Apr. " 1795.
Richard L. Carmick " Nov. " 1795.
George Armstrong " Nov. " 1795.
William Reynolds " Aug. " 1796.
Joseph Weigley " Sept. " 1800.
____ Wallace " Nov. " 1800.
Thomas Thistle " Aug. " 1801.
Samuel Duncan " Nov. " 1801.
Rezin Davidge " Nay " 1802.
Joseph Vickroy " Date unknown.
James Kedie " Aug. term 1802.
John Tod (of Connecticut) " Aug. " 1802.
William A. Thompson " Nay " 1803.
Josiah M. Epsy " Sept. " 1804.
Otho Shrader " Sept. " 1804.
James Carson " Admitted Sept. term 1804
William Ward, Jr " Feb. " 1805
Andrew Dunlap " Nov. " 1808
William R. Smith " Apr. " 1809
William Dean " Nov. " 1809,
John C. Walker (of Vermont) " Jan. " 1810,
George Burd " Apr. " 1810.
.James M. Russell " Nov. " 1808,
John Johnson " June " 1811,
James Espy " Aug. " 1812.
William D. Smith " Dateunknown,
Benjamin R. Stevens " Aug. term 1812,
William Magruder " Nov. " 1814.
Guy Gaylord " Aug. " 1815.
John A.T. Kilgore " Aug. " 1816.
Alexander Thomson " Oct. " 1816.
William Swift " Date unknown,
Charles B. Seely " Oct. term 1816,
Alexander B. Fleming " Jan. " 1817.
Jonathan Carlise " Aug. " 1822.
Thomas B. McElwee " Jan. " 1822.
John A. Blodgett " Nov. " 1822.
Samuel Canan " Jan. " 1823,
David R. Denny " Aug. " 1824.
John Williams " Aug. " 1824.
William F. Boone " Aug. " 1824.
Horatio N. Weigley " Aug. " 1824.
Francis B. Murdock " Date unknown,
Nathaniel P. Fettermann " Nov. term 1825.
Richard B. McCabe " Jan. " 1825
William R. Roberts " Jan. " 1825,
William Van Buskirk " Jan. " 1826.
James Hepburn " Apr. " 1826.
Samuel M. Barclay " Aug. " 1826.
A.J. Cline " Aug. " 1826.
William Lyon " Apr. " 1827.
John Mower " Apr. 28, 1829.
Espy L. Anderson " Jan. 24, 1832.
Alexander King " Nov. 26, 1833.
Alexander L. Russell " Aug. 28, 1834.
B. Franklin Mann " Apr. 18, 1837
Samuel L. Russell " Nov. 29, 1837,
Job Mann " Apr. 20, 1839.
William C. Logan " Apr. 15, 1839,
Samuel H. Tate " Aug. 23, 1841.
Francis M. Kimmel " Jan. 25, 1842.
Joshua F. Cox " Aug. 22, 1842,
David H. Hofius " Nov. 29, 1842.
Ross Forward " Mar. . . 1843.
Oliver C. Hartley " Apr. 23, 1844.
Jacques W. Johnson " June 10, 1845.
John Cessna " June 25, 1845.
Francis Jordan " June 25, 1845.
Edwin C. Marim " Aug. 27, 1845.
William P. Schell " Oct. 8, 1845.
Rufus K. Hartley " Apr. 10, 1847.
Joseph Mann " Apr. 29, 1847.
Joseph F. Loy " Oct. 5, 1847.
Josiah E. Barclay " Dec. 21, 1847.
William M. Hall " Sept. 1, 1848.
Oliver E. Shannon " Nov. 15, 1848.
William M. Hall, Jr " Aug. 29, 1849.
James Nill Admitted Sept. 3, 1851.
John J. Bonett " Sept. 3, 1851.
John P. Osterhout " Sept. 3, 1851.
John P. O'Neill " Sept. 3, 1851.
John H. Filler " Sept. 3, 1851.
John P. Reed " Feb. 9, 1852.
Samuel Ake " Feb. 13, 1852.
Thomas A. Boyd " Feb. 24, 1853.
William H. Koontz " Aug. 29, 18~3.
Joseph W. Tate " Nov. 21, 1853.
George H. Spang " May 3, 1854.
T.W.B. McFadden " May 4, 1854.
John S. Robinson " May 4, 1854.
J. Buchanan Boggs " May 4, 1854.
John W. Lingenfelter " May 5, 1856.
Benjamin F. Meyers " Sept. 6, 1856.
Richard De C. Barclay " Feb. 9, 1858.
Samuel Lyon " May 5, 1858.
O.H. Gaither " Aug. 30, 1858.
J. Selby Mower " Feb. 17, 1859.
John E. McGirr " Apr. 30, 1860.
William T. Daugherty " Feb.' 11, 1861.
John Palmer " Feb. 14, 1861.
Joseph R. Durborrow " May 6, 1863.
Espy M. Alsip " May 6, 1863.
John Lutz " May 5, 1864.
Moses A. Points " Nov. 23, 1864.
Jonathan B. Cessna " Feb. 15, 1865.
Edward F. Kerr " Feb. 15, 1865.
John T. Keagy " Feb. 15, 1865.
J.W. Dickerson " May 1, 1866.
Jacob H. Longenecker, " Sept. 3, 1866.
Hayes Irvine " Apr. 25, 1867.
John Alsip " Feb. 13, 1868.
David S. Elliott " Feb. 10, 1869.
Alexander King, Jr " July 20, 1869.
Wilflanl C. Hollahan " Dec. 13, 1869.
John M. Reynolds " Feb. 15, 1870.
Humphry D. Tate " Dec. 14, 1870.
William C. Smith " Dec. 14, 1870.
John H. Jordan " Sept. 7, 1871.
James C. Russell " Mar. 31, 1873.
John W. Rouse " Apr. 26, 1875.
W. Scott Lee " Mar. 2, 1876.
John K. McCulloh " Feb. 20, 1S77.
Frank Fletcher " Dec. 3, 1877.
Rufus H. Black " Sept. 16, 1878.
Thomas M. Armstrong " Dec. 2, 1878.
Robert C. McNamara " Apr. 15, 1879.
Nicholas L. McGirr " July 19, 1880.
J. Frank Minnich " July 19, 1880.
Howard F. Mowry " July 19, 1880.
Rufus C. Haderman " Dec. 6, 1881.
Joseph S. Stayer " Apr. 17, 1882.
J. Nelson Alsip " Nov. 22, 1882.
Concerning the foregoing list of attorneys, we learn that Robert Magaw, the first attorney admitted to practice in the courts of Bedford county, was a resident of Carlisle. A little more than four years after his appearance at Bedford, or in June, 1775, he was commissioned major of Col. William Thompson's 1st Penn. Rifle Batt., and with that command (which contained a company of Bedford county troops) joined Washington, then besieging the British at Boston, Massachusetts, in August of the same year. On January 3, 1776, Magaw was commissioned colonel of the 5th battalion of the Pennsylvania Line. He and his whole command were captured by the British at Fort Washington, Long Island, November 16, 1776, and paroled, but not exchanged until October 25, 1780. He died at Carlisle, Pennsylvania, January 7, 1790, and was buried in "Meeting-House Spring cemetery."
Of Col. Robert Galbraith, David Sample, Col. David Espy, James Martin, Esq., Col. George Woods and Col. Thomas Smith frequent mention is made in the chapters relating to the settlement of this region, the organization of Bedford county and the revolutionary period. All were residents of the town of Bedford before the beginning of the struggle for national independence, and all achieved an enviable and widespread reputation. See Bedford county civil lists. David Samp1e removed to Pittsburgh at an early day and passed the remainder of his life there. As was customary with many prominent attorneys one hundred years ago, his practice extended into all the counties of the southwest quarter of the state, and the journeys from one seat of justice to another were invariably made upon horseback. During one of these trips an amusing colloquy took place between a judge and a limb of the law, which Sample took great delight in repeating afterward. It appears that the attorney was Sample himself and that he was accompanied by the president judge of the district. The judge had recently supplied himself with a new pair of leather saddle-bags, the sides of which were neatly secured with small brass padlocks. They had proceeded but a short distance upon their journey when the judge's recent acquisition attracted the attention of Sample, and the latter passed a remark or two concerning the beauty and completeness of the outfit. "But, judge," added Sample, "why have you had padlocks placed upon them?" "To secure the contents, of course," replied the judge. "But suppose a thief was determined to secure the contents of the saddle-bags," continued the lawyer, "of what use would be the padlocks, providing the thief had a sharp knife in his hand?" The judge's chin dropped upon his breast for a moment, and as he raised it he concluded the subject for that day at least by answering in a very earnest manner, "Well, I had not thought of that; who but a rascal would have thought of it?"
Col. Robert Galbraith officiated for a number of years as justice of the peace. In 1777 he succeeded Thomas Smith as prothonotary, clerk of courts, etc., but resigned those positions soon after and removed to the town of York, Pennsylvania, where for some time he served as deputy attorney-general of the commonwealth.
Thomas Smith succeeded Arthur St. Clair as prothonotary, clerk of courts, etc., in February, 1773, offices which he did not relinquish to Galbraith without a struggle. He afterward attained prominence and distinction as a member of the continental congress and judge of the supreme court of Pennsylvania.
George Woods was a surveyor by profession, and in later years was admitted to practice as an attorney. As early as 1754 he was a resident of the region now known as Juniata county. In 1756 he was captured by a band of Delaware Indians, who, it seems, after journeying some distance to the westward, determined to burn him at the stake; but just as the torch was about to be applied to the brush and wood heaped about him, Capt. Hudson, a famous chief of the Seneca tribe of Six Nations, accompanied by a strong party of warriors, came up. The Delawares were but vassals of the Six Nations (the latter claiming ownership to all the lands embraced by the present State of Pennsylvania, a claim, too, which was conceded by the Penns), and when Capt. Hudson demanded possession of the prisoner, the demand was instantly complied with. To explain, the Delawares were then under the domination of the French at Fort Du Quesne, while the Six Nations, by the able, masterly management of Sir William Johnson, were the friends of the English. Determined to restore Woods to his friends, the chief directed his warriors to return to their homes in the Genesee country while he set out alone with Woods. The undertaking was safely accomplished, though, only after hardships almost surpassing belief had been surmounted. After the close of the revolutionary war (a war in which the Six Nations fought against their allies of the French and Indian war period), Capt. Hudson was an occasional visitor at Bedford, and always, as well he might be, a welcome and honored guest of Judge Woods. Indeed, it has been related that the judge wished him to remain here during the remainder of his life.
As before related, George Woods became a resident of Bedford about the year 1765, and here he passed the remainder of his days in ease and comfort, having amassed a competency. In 1774 he represented the county at a convention held in Philadelphia to take action regarding oppressive legislation on the part of the mother country. At the beginning of the revolutionary war, he (as well as Thomas Smith) was not warmly in favor of the struggle for national independence, and for a time both were ignored by the more impulsive local whig leaders, but, as explained by Robert Galbraith (see letter in the chapter relating to the revolutionary period), a better feeling prevailed subsequently, and thereafter both Woods and Smith rendered no half-hearted support in the terrible strife for freedom. George Woods served as a member of the supreme executive council in 1778-9, and from the close of the war for independence until the adoption of the state constitution of 1790, he, together with Barnard Dougherty and James Martin, served alternately as president of the courts of quarter sessions, etc. In September, 1791, he became the first associate judge of the county. During the active years of his life, he performed a vast amount of surveying in this and adjoining counties. In 1784 he laid out the "old military plan" of the town of Pittsburgh, and one of the streets of that city derived its name from him. James Carson, afterward a resident of Somerset, Pennsylvania, Jacob Nagle, Samuel Riddle, John Woods, Henry Woods, a son of Col. George Woods, John Lyons, William Reynolds and Samuel Duncan were, all of them, residents of the town of Bedford, and prominent attorneys in this part of the state during the closing years of the last century. Henry Woods served as a representative in the United States congress from this district during the years 1799-1803. He lived and died unmarried. Hon. John Tod was a native of the State of Connecticut. When a mere youth, without friends or funds, he made his appearance in the town of Bedford about the year 1800. A well known attorney of that day, who at once discerned that be was a young man of far more than ordinary promise, proffered him material aid and instructed him in the law. Young Tod proved to be an apt student, and during the August term of 1802 was admitted to the Bedford county bar. Soon after, he became one of its most prominent representatives. At an early period, he served as postmaster of the town, and, in 1806-7, clerk for the county commissioners. In 1812, he occupied the position of speaker of the general assembly of the state, and in 1815, being then but thirty-six years of age, he presided over the deliberations of the state senate. Five years later, he was elected to represent this district in the national house of representatives, and was re-elected in 1822-thus serving through the seventeenth and eighteenth congresses, or from 1821 to 1825. On the 8th of June, 1824, he was commissioned president judge of the sixteenth judicial district of the state, and held the office until May 5, 1827, when he was appointed one of the associate justices of the supreme court of the commonwealth. He died while holding the last-mentioned office, April 27, 1830, at the age of fifty-one years.
Hon. George Burd was another distinguished representative of the Bedford county bar. Beside holding many other positions of trust and honor, he represented this district in congress from 1831-5. He was a son of Gen. Burd, who was a candidate in 1807 for some important office in the state legislature, we believe, and the following article appeared in the Bedford Gazette at that time:
MR. MCDOWELL: It sets an old Whig almost mad to hear these young Republicans of the present day rail out against his old fellow-soldier, Gen. Burd. One says he can't read, another says he can't spell, a third says he can't write, and a fourth asserts some vile slander of him. But I say he can speak, and he can do more, too, he can fight.
AN OLD SOLDIER.
Hon. Alexander Thomson was born in Franklin county, Pennsylvania, January 12, 1788. His grandfather was a Scotchman who settled on the Conococheague in 1771. His parents both died young, and at the age of fifteen, Alexander was apprenticed to his uncle to learn the trade of a sickle-maker. While acquiring his trade, he manifested a love for study, and by the time he was through his apprenticeship, he had gained a knowledge of Latin, and was thoroughly versed in the English poets. Later, he entered the family of Rev. Mr. Grier, of Northumberland, the father of the late Justice Grier, of the United States supreme court, to instruct his sons, and at the same time to continue his own studies. His health broke down after three years of this life, and he removed to Bedford, hoping to be benefited by a change of climate. Here he took charge of the academy and studied law with Judge Riddle. After his admission to the bar, he soon attained public confidence. He was elected to the house of representatives in the state legislature, and afterward represented the district in congress from 1823 to 1827. In the discharge of his public duties he displayed untiring industry and scrupulous fidelity.
During his term in congress he took a warm interest in the welfare of the District of Columbia, and labored so zealously in its behalf that the citizens of Washington, in grateful recognition of his services, caused his portrait to be painted and placed in the city hall. About the end of his congressional career he was appointed by the governor to a judgeship in the city of Lancaster. He held the office but a short time before he was appointed, for life, president judge of the judicial district composed of Somerset, Bedford and Franklin counties. He removed from Bedford to Chambersburg, and held his office until his term expired under the limited tenure of the amended constitution of 1838. He was succeeded in the judgeship by Hon. Jeremiah S. Black, before whom he practiced successfully, attending the courts of all the counties and being engaged in many important cases. He continued the practice of his profession until his death, which occurred suddenly from paralysis, August 2, 1848.
Besides his professional labors in the courts, he filled a professorship in the law school connected with Marshall College. To his pupils he gave diligent attention, and by his valuable instruction and almost paternal care won their highest esteem and lasting gratitude. Among his pupils were his nephew, Hon. Thomas A. Hendricks, late United States senator, governor of Indiana, and candidate for vice-president; Hon. John Scott, ex-senator from Pennsylvania, and Hon. T.B. Kennedy, a prominent member of the Franklin county bar, and president of the Cumberland Valley railroad.
Judge Thomson was not only a busy lawyer but an active, public-spirited citizen, evincing a hearty interest in everything affecting the community in which he resided. As a judge, he was laborious and conscientious in the examination of every case; he maintained the dignity of his high office, and gave opinions which were the result of a sound judgment guided by the highest learning in his profession. His moral and religious worth, his benevolence and courtesy, his legal and literary attainments, won for him the highest regard of all with whom he became associated.
Judge Thomson was twice married, first to Miss Abbie Blythe, of Bedford, and after her death to Miss Jane Graham, of Stoystown, Somerset county. Of the children of his first marriage there were living, in 1876, Dr. Alexander Thomson, of Mt. Savage, Maryland, and Mrs. John Culbertson, of Springfield, Missouri. George Thomson, Dr. William Thomson, a professor and eminent oculist of Philadelphia, Frank Thomson, general manager of the Pennsylvania railroad, Mrs. James B. Dayton, of Camden, New Jersey, and Mrs. James Lesley, widow of James Lesley, late chief clerk of the war department, are children of his second marriage.
Josiah M. Espy, known in his day as the cashier of Bedford's first banking institution, William Ward, Jr., William R. Smith, James Espy, William D. Smith, Jonathan Carlisle (the father, we believe, of Hon. John S. Carlisle, United States senator from West Virginia), Thomas B. McElwee, John A. Blodgett, Samuel Canan, David R. Denny, William F. Boone, Francis B. Murdoch, Nathaniel P. Felterman, William R. Roberts, William Van Buskirk and James Hepburn were also attorneys of Bedford who were admitted to the bar during the first quarter of this century.
Andrew J. Cline and William Lyon were prominent as attorneys many years ago, and are still well remembered by many of the oldest inhabitants of Bedford.
John Mower, the oldest surviving member of the present bar of Bedford county, was born in the town of Bedford, Pennsylvania, February 22, 1808. He was educated in the Bedford Academy, then in charge of Rev. Jeremiah Chamberlain. He read law in the office of Hon. George Burd, and after his admission to the bar, which occurred April 28, 1829, became the partner of his law preceptor. Mr. Mower has always resided in Bedford. For a number of years he together with Judge King published the Bedford Inquirer. A good citizen, and conscientious lawyer, he has ever commanded the esteem and respect of his associates.
Espy L. Anderson, the second son of Dr. John Anderson, was born in the town of Bedford, Pennsylvania, and died in the same place May 29, 1866. For further mention of this family see the history of Bedford township.
Hon. Alexander King was born in Huntingdon county, Pennsylvania, September 27, 1805. His literary studies were completed in the Bedford Academy, then presided over by Rev. Alexander Kinmont. Subsequently he read law in the office of John Johnson, Esq., of Huntingdon, and on the 26th day of November, 1833, he was admitted to the bar of Bedford county. In the spring of 1840 he removed, to St. Louis, Missouri, where he practiced law for two years. He then returned to Bedford and continued as a resident of that town during the remainder of his life. In 1847 be was elected to represent the counties of Bedford, Blair and Huntingdon in the state senate, and was re-elected to the same position in 1850. On the 4th of June, 1864, he was appointed president judge of the sixteenth judicial district (then composed of Franklin, Fulton, Bedford and Somerset counties), to fill the vacancy caused by the death of Judge James Nill. In October, 1864, he was elected to the same position for the term of ten years. He died before the close of his term -January 10, 1871-and Judge Hall was appointed to fill the vacancy.
Hon. Alexander L. Russell, a son of Hon. James M. Russell, was born November 29, 1812, in the town of Bedford, Pennsylvania. He was educated in the schools and academy of Bedford and at Washington College, Washington, Pennsylvania. Subsequently he studied law in the office of his father, James M. Russell, and was admitted to the bar of Bedford county August 28, 1834. He never practiced law however. Soon after his admission he went south, and resided for nearly three years in the States of Alabama and Mississippi. He returned to Pennsylvania in 1837. Since that time he has chiefly resided in the cities of Pittsburgh and Harrisburg, being known meanwhile as a prominent state and United States official. On August 7, 1848, be was appointed deputy secretary of the commonwealth under Gov. Johnston. About eighteen months later, or January 25 1850, he was appointed secretary of the commonwealth. At an early period in its history he also served as secretary of the Pittsburgh & Connellsville Railroad Company. On January 9, 1862, he was appointed adjutant-general of the state by Gov. Curtin, and held the office until October 11, 1867. He was reappointed to the same position by Gov. Geary January 8, 1870, and continued in office until May 17, 1873. In 1879 he was appointed by President Hayes consul of the United States at Montevideo, Uraguay, South America, an office which he still holds.
Benjamin Franklin Mann, a grandson of Capt. Andrew Mann, of the Continental army, son of Hon. David Mann, and a brother of Lieut. William Findley Mann, was a native of Bedford county. He was admitted to the bar of this county in 1837. During the Mexican war he served with a Pittsburgh organization known as the "Du Quesne Greys," and as a result contracted a disease of which he died soon after his return from Mexico.
Samuel H. Tate was born in Bloody Run, now Everett, Bedford county, Pennsylvania, June 4, 1820. He was of Scotch-Irish parentage. His mother, Jane Mary Hamilton, was a daughter of Gen. James Hamilton, of revolutionary fame. She married for her first husband James Cochran, who was killed at Fort Erie, in the war of 1812. In 1816 she was married to Mr. Tate, and removed to what is now Everett. The education of Mr. Tate was confined to the village school and the Bedford Academy. He studied law with Alexander Shampson, completing his course at the law school at Chambersburg. In August, 1841, he was admitted to practice, and in the same year was appointed district attorney by Gov. Porter. In 1857 he was elected prothonotary and clerk of courts, and in 1860 was re-elected. He died October 1, 1862.
Hon. John Cessna was born in Colerain township, Bedford county, Pennsylvania, June 29, 1821. His great-grandfather, whose name was also John, was a member of the convention which framed the constitution of 1776. He served three terms of two years each as sheriff of Bedford county, having been chosen to said office in 1779, 1781 and 1783 ; and likewise served as major of Bedford county troops during the revolutionary war. The grandfather of the latter, also named John Cessna, came to Pennsylvania in 1690, a Huguenot seeking freedom and liberty.
In 1842 John Cessna, the subject of this article, graduated from Marshall College at Mercersburg, now Franklin and Marshall College, at Lancaster, Pennsylvania. He has been president of the board of trustees of this institution since the resignation of James Buchanan, in 1865, having been re-elected unanimously each year since. In 1844 he was tutor of the Latin language in his alma mater. In 1848 he was a member of the revenue board of Pennsylvania by appointment of Judge Black. He served as a member of the Pennsylvania house of representatives in 1850, 1851, 1862 and 1863; was speaker of the same legislative body in 1851 and again in 1863, receiving at the end of each term a unanimous vote of thanks, every member present voting to compliment his integrity, fairness and ability as a speaker. During his two terms as speaker no appeal was ever entered, and consequently no decision reversed, which indicates the scope of his accurate knowledge of parliamentary law.
He was elected to the forty-first congress in 1868, and again in 1872 to the forty-third congress. There he was frequently called upon to preside over that body as speaker pro term., and in committee of the whole. During the memorable and important contest over the civil rights bill, Speaker Blaine deputized him to take the chair, which he occupied through a whole night, and on all the many occasions of such service, no appeal was ever taken from his decisions. To be worthy the confidence of the great speaker, Mr. Blaine, and to be trusted with the mighty interests of the republican party on that momentous occasion when human rights and the sacred promise of his party were at stake, was a great honor, which this distinguished leader of his party extended to Mr. Cessna. Doubtless there is no public man in the State of Pennsylvania who has not met John Cessna in many state conventions, nor any of note in the nation who have not met him in national conventions, where he was always a prominent figure, and his parliamentary skill and wisdom frequently guided those bodies quietly and safely to peace, good order and harmony. Thus, as a member, has he attended national conventions which met at Cincinnati in 1856, at Charleston and Baltimore in 1860, at Chicago in 1868, at Cincinnati in 1876, and at Chicago in 1880.
In his career as a lawyer, he has shown marked ability and integrity. After reading law in the office of Hon. Samuel M. Barclay, of Bedford, Pennsylvania, he was admitted to the bar, June 25, 1845. Since that time he has been in active practice in Bedford, Fulton and Franklin counties, and occasionally in Blair, Somerset, Huntingdon and other counties, and in the supreme court of the state. He has attended every session of the latter court held for his district since 1848, except two-once by reason of illness, and once when his duties as a member of congress prevented.
The many volumes of Pennsylvania's state reports are also a monument to Mr. Cessna's skill and ability as a lawyer. He has been executor, administrator, trustee and guardian for more than two hundred people, and in but one case was there an exception filed to his accounts, and that was withdrawn and costs paid by the party making it. In 1865, in the convention which nominated Gen. Hartranft for auditor-general, the Hon. Thaddeus Stevens moved in open convention that Hon. John Cessna be made chairman of the state central committee, which was done, and the state ticket was elected by over twenty-two thousand majority, carrying every doubtful district in the state, legislative and senatorial.
Again, in 1880, as chairman of the republican state committee of Pennsylvania, he distinguished himself. At an early stage he recognized the importance of securing the vote of Indiana for Garfield, and amid the claims of the democracy as to their ability to carry Pennsylvania, he announced that Indiana and Ohio should be the first care of the Keystone State, and while he organized his own he earnestly urged the prime importance of making a certainty of those spoken of, and by great perseverance secured the aid which largely tended to accomplish desired results in those states. So valuable were his services in that direction that the secretary of the Indiana state committee, the Hon. W.H.H. Terrell, in a letter dated October 30, 1880, addressed to Gen. James A. Ekin, late of Pittsburgh, recognized his services in these words: "Glorious John Cessna 'held up our hands' with material aid, as if Indiana was in his own bailiwick. While others lacked faith in our ability to carry Indiana at the state election, John Cessna stood by us manfully and bravely."
Among the records of the republican state committee is another letter, from the Hon. John C. New, chairman of the republican state committee of Indiana, which is addressed to "Hon. John Cessna," and says: "My dear sir, in acknowledging the receipt of your communication of the 28th inst., I desire first to say that my thanks are due to you, dating from the opening day of this campaign to today, for your hearty cooperation, generous sympathy and daily evidences of your intention to not only take excellent good care of Pennsylvania, but to give to Indiana the strongest help you could command. I have received from you more assistance and more evidence of interest in our campaign work than from any man east of the Alleghenies, and Indiana stands today under obligations to Hon. John Cessna." As a republican politician his views are broader than the confines of his own state, and as chairman of the republican state committee he not only moored Pennsylvania safely by a splendid majority in the harbor of a nation, but he reached out and was largely instrumental in placing the whole northern fleet alongside the Keystone.
Besides having attended most assiduously to his professional duties and the many public trusts imposed upon him, Mr. Cessna has also devoted much attention to the development of the resources of his native county, and the building of needed avenues of commerce. He was a leading spirit during the inception and construction of the Bedford & Bridgeport railroad, and since 1870 has served as president of the company. He has likewise been active in advancing the interests of the proposed new trunk line of railway, known as the South Pennsylvania or Harrisburg & Western, which, leading from Harrisburg westward, will intersect centrally, from east to west, the counties of Bedford and Somerset, as well as others on the southern border of the state. In brief, his record as a citizen, lawyer and public official sufficiently indicates even to the most negligent observer of passing events that he is a gentleman possessing superior ability and an untarnished reputation - one who has ever enjoyed the confidence and respect of those composing the community in which he resides, as well as the esteem and admiration of the people of counties surrounding him.
He was married at Mercersburg, Pennsylvania, September 24, 1844, by John W. Nevin, D.D., to Miss Ellen J. Shaffer, daughter of Daniel Shaffer, Esq., of that place. They commenced housekeeping in Bedford in the fall of that year, and have resided there ever since. They have five living children - three sons and two daughters, having buried one son and one daughter many years since.
Hon. Francis Jordan was born in Bedford county, Pennsylvania, February 5, 1820. Having mastered a complete course of studies at Franklin and Marshall College, Mercersburg, Pennsylvania, and at Augusta College, Kentucky, he read law in the office of Samuel M. Barclay and William C. Logan, Esqs., at Bedford, Pennsylvania, and was admitted to the Bedford county bar on the same day that witnessed the admission of Hon. John Cessna, June 25, 1845.
Since that time Mr. Jordan has been one of the most prominent citizens of the commonwealth. He was appointed district attorney of Bedford county in 1847, and elected to the same office in October, 1850, thus serving in that capacity from 1847 to 1853. In October, 1855, he was elected state senator from Bedford and Somerset counties. After serving three years he declined a renomination. In July, 1861, he was appointed paymaster in the army, with rank of major. Having served in that position until January 1, 1864, he was then commissioned military agent of Pennsylvania, resident at Washington, D.C., with rank of colonel, an office in which he rendered invaluable service to the state and to the brave Pennsylvania volunteers for a period of two years. It is believed his is the only instance in the history of the state in which a promotion to a colonelcy was made by special act of assembly. On January 16, 1867, he was appointed secretary of the commonwealth of Pennsylvania, an office which he held for six years, or during Gov. Geary's administrations. Again during Gov. Hoyt's term he occupied the same position for a period of three months at the close of his administration.
Until 1861 Mr. Jordan resided at Bedford. Since 1866 Harrisburg has been his home, where, besides practicing his profession, he now serves as President of the Pennsylvania Telephone Company, a corporation with a paid-up capital of $500,000. We add, also, that in 1861 he was appointed by Gov. Curtin one of three commissioners (with G.J. Ball, Esq., of Erie, and Hon. Charles Gilphin, of Philadelphia) to revise the statute laws of the state; but the inauguration of the great civil war prevented the execution of the work. As a citizen of Bedford he always took an active and intelligent part in public affairs. He was largely instrumental in having the borough supplied with water through iron pipes; and about 1858, when there was much excitement on the common school question, he was elected a director upon a ticket which favored union graded schools; and as president of the board of directors he contributed largely to the selection and ornamentation of the property at the southern edge of the borough, and the erection of the large school building thereon, he and his colleagues pledging their individual means and property to raise the required funds.
Hon. William P. Schell was born in Schellsburg, Bedford county, Pennsylvania, February 18, 1822. He is a graduate of Marshall College, Mercersburg, Franklin county, Pennsylvania.
Edward F. Kerr was born in West Providence township, February 15, 1841, a son of Edward Kerr and Nancy (Williams) Kerr. He lived at the family homestead until sixteen years of age, attending the common school in the neighborhood, and helping on his father's farm. He was educated at Allegheny Seminary and Franklin High School. He taught school several sessions while at academy, and afterward while reading law. He read law with Hon. John Cessna and O.E. Shannon, then the law firm of Cessna & Shannon; was admitted to the bar February 15, 1865; was appointed county attorney soon after admission to the bar, and in February, 1867, was appointed district attorney of the county of Bedford to fill a vacancy. He was elected district attorney in 1867, and again in 1870, serving nearly seven years in that office. In 1872 he became part owner and editor of the Bedford Gazette, one of the leading democratic journals of the state, and still retains his connection with this paper. In 1876 he was a delegate to the democratic national convention that nominated Samuel J. Tilden for president, at St. Louis, and he was secretary of the Pennsylvania delegation.
In May, 1878, he was appointed corporation clerk by Auditor-Gen. William P. Schell, and served in that office until May, 1881. His duties in this office were to adjust and settle the taxes due from corporations to the state, a position requiring the highest degree of integrity and of great responsibility. His trust was so faithfully performed that he became well and favorably known throughout the state. He has been frequently named by his friends as a candidate for congress in his district, and for the offices of state treasurer and auditor general. He is now engaged in the practice of law.
J. Boon Cessna was born on March 24, 1840, in Colerain township, Bedford county, Pennsylvania. He was the eleventh child of William and Rachel Cessna. His mother's maiden name was Rachael Margart. She was born on the banks of the Juniata, in West Providence township, Bedford county, Pennsylvania. His parents on both sides were prominent citizens in the early history of the county. They were of the old school Baptist denomination. His mother, a most devout Christian, was an ardent worker for the interests of the church, and frequently wrote for the church papers. She died in 1860 and the father in 1864. Mr. Cessna remained at home until 1861. His early education was obtained in a log schoolhouse near by. Subsequently he went to the Allegheny Seminary at Rainsburg, a village one and a half miles from his early home. Here he was prepared for college. He entered Franklin and Marshall College at Lancaster in September, 1861, as a member of the sophomore class, and graduated from that institution in July, 1864. During the time he attended college he had his name registered as a law student in the office of his brother, Hon. John Cessna, at Bedford. He spent part of his vacations in reading law, and on February 15, 1865, after a very creditable examination, he was admitted to practice in the several courts of Bedford county. In 1868 he moved to McConnellsburg, Fulton county, Pennsylvania, and there remained engaged in the practice of the law for a period of nearly three years. In 1811 he returned to Bedford, where he has remained actively engaged in the practice of his profession ever since. In June, 1872, he was married to Miss Kate Brown, daughter of Conrad Brown, Esq., of Erie, Pennsylvania. Mr. Cessna's practice has not been confined to Bedford county alone. He is a member of the bars of the adjoining counties, and has been engaged in the trial of various important causes in some of the northern counties of the state. He is also a member of the bar of the supreme court of Pennsylvania, and, on January 26, 1876, on motion of Hon. Jeremiah S. Black, was admitted to practice in the Supreme Court of the United States. In professional life Mr. Cessna's success is largely due to his untiring industry. He is never satisfied with a mere surface examination, but goes to the bottom of every case, testing it by the light of approved authorities and a careful analysis of all the facts. His familiarity with statutes and decisions is remarkable. Where intricate questions are involved and the reputed authorities of his own state do not come up fully to the requirements of the case, he frequently has resort to those of other states, and under the lights of all subjects, the matter to be examined receives most careful scrutiny. In this way he has justly earned for himself a place among the foremost in the ranks of his professional brethren at home and elsewhere. Of him it may be said correctly that he is a safe counselor, a close reasoner, and an earnest and persuasive advocate. These qualifications, combined with popular manners, will always insure for him a large and lucrative clientage and numerous friends.
David H. Hofius, a son of Dr. John H. Hofius, was born in the town of Bedford, Pennsylvania. He was endowed with great natural ability, a liberal education, and on the 29th day of November, 1842, was admitted to the bar of Bedford county. During the Mexican war he served, as second lieutenant in the Bedford county company - Co. L, 2d regt. Penn. Vols.- from May 6 to November 1, 1847. Subsequently he became one of the most prominent members of the Blair county (Pennsylvania) bar. He died at Hollidaysburg, Pennsylvania, a number of years ago, while still a young man.
Oliver C. Hartley was a brother of the well known residents of Bedford, Pennsylvania, Judge John G. and William Hartley. He was admitted to the bar April 23, 1844. On the 8th day of October, 1845, he was admitted to the bar of Bedford county. Subsequently he became a resident of McConnellsburg, Fulton county, Pennsylvania. In 1850 he was elected as the first district attorney of the latter county. He represented this district in the Pennsylvania house of representatives in 1852-3, and again in 1877-8. He served as speaker of the house in 1853. In 1857 he was elected state senator from the district composed of Bedford, Somerset and Huntingdon counties and served three years. Elected as state auditor general in 1877, he served as such during the years 1878, 1879, and 1880. Since his admission to the bar he has resided at Bedford, McConnellsburg, Harrisburg and West Chester, Pennsylvania. He now has an office in Philadelphia.
Rufus K. Hartley, Joseph Mann, Joseph F. Loy, Josiah E. Barclay, William M. Hall, Oliver E. Shannon, William M. Hall, Jr., John J. Bonnett, John P. Osterhout, John P. O'Neill and Col. John H. Filler are mentioned as Bedford county attorneys, who were admitted to the bar prior to 1852.
John P. Reed was born in the town of Schellsburg, Bedford county, Pennsylvania. He is a grandson of John Schell, the founder of Schellsburg, and a son of Hon. Michael Reed. The latter was a native of Washington township, Franklin county, Pennsylvania. He settled at Schellsburg about the year 1810, and soon after married Elizabeth, a daughter of John Schell. He was a gentleman whose early education had, from force of circumstances, been neglected, but he possessed great natural ability. He was a self-taught surveyor. About the years 1815-16, when the turnpike from Bedford westward was being constructed, he was urged by the managers of the turnpike company to survey and lay out the route over the Allegheny mountain - the road in use today. He finally complied with their request, made his own instruments and completed the work to the entire satisfaction of the managers. Afterward he performed a vast amount of civil engineering and surveying. He also served as justice of the peace, county surveyor, and represented Bedford county two terms in the state legislature. His children were Elizabeth, John P., Maria, Jacob, Margaret, Joseph, Charlotte and Peter, all of whom survive. He died at Schellsburg in 1872 at the age of eighty-four years. John P. Reed was educated at Schellsburg. He has resided in Bedford, Pennsylvania, since the fall of 1848, at which time he was elected prothonotary, register and recorder and clerk of courts. He was re-elected to the same offices in 1869. On the 9th of February, 1852, he was admitted to the bar, and has since practiced his profession in the town of Bedford.
Samuel Ake was born in Union township, Bedford county, Pennsylvania, August 14, 1826. He read law in the offices of Hon. Thaddeus Banks, of Hollidaysburg, Pennsylvania, and Oliver E. Shannon, Esq., of Bedford, Pennsylvania, and was admitted to the bar of this county, February 13, 1852. During the war of the rebellion he served in Co. H, 1st regt. Iowa Inf. (three-months. volunteers), from May 14 to August 20, 1861, and in Co. H, 22d regt. Penn. Cav., from February 23, 1864, to August 14, 1865. Although mustered as a private in both organizations, he performed duty as color-sergeant in the Iowa regiment, and as quartermaster-sergeant in the Pennsylvania command. He participated, with the Iowa regiment, in the fiercely fought engagement, and in which Gen. Lyon lost his life-the battle of Wilson's Creek, Missouri. Also in the many encounters of the 22d Cav. with the enemy in Virginia. Since the war, besides practicing his profession, he has served as clerk in the state surveyor-general's office (from May 2, 1866, May 2, 1872) as surveyor and civil engineer, and is likewise a well known pension-claim agent.
Thomas A. Boyd, Lewis M. Hall, William H. Leas, T.W.B. McFadden, J. Buchanan Boggs, John L. Fyan, Charles A. Bannan, John J. Barclay, John W. Lingenfelter, Jonathan C. Dicken, Charles M. Barton, Robert C. Fyan, Richard De C. Barclay, Emanuel J. Bonebrake, Samuel Lyon, Samuel Woodcock, O.H. Gaither and J. Selby Mower, also known as Bedford county attorneys, were admitted during the years from 1852 to 1860.
Joseph W. Tate was born at Bloody Run (now known as Everett), Bedford county, Pennsylvania, February 8, 1819. He obtained his education at the village school and studied surveying. He read law in the office of Samuel H. Tate, and was admitted to the bar November 21, 1853.
Hon. George H. Spang was born at Roaring Springs, February 16, 1830. At the age of about fifteen years he entered the preparatory department of Marshall College. After pursuing his studies there for some time he went to the Pennsylvania College at Gettysburg, from which institution he graduated in September, 1852. On the 30th day of September, 1853, he entered the law office of Hon. Job Mann, at Bedford. The following year, or May 3, 1854, he was admitted to practice law in the several courts of Bedford county. On the 9th day of May, 1856, he was appointed district attorney of the county. In October, of the same year, he was elected district attorney, and at the expiration of that term, October 11, 1859, was re-elected to the same office. On November 3, 1874, he was elected to represent this district in the state legislature, and in November, 1876, was re-elected.
Moses A. Points was born in Bedford township, Bedford county, Pennsylvania, May 7, 1839. He finished his literary studies at Dickinson College, Carlisle, Pennsylvania, where the degree of A.B. was conferred upon him in 1864, and of A.M. in 1867. When he delivered the master's oration at the junior prize contest, in 1863, he was the recipient of the silver medal for oratory. His law studies were pursued in the office of Hon. John Cessna, and on the 23d of November, 1864, he was admitted to the bar of Bedford county. He has always resided in this county. He has served as a member of the town council, president of the Bedford school board, and for three years was secretary of the Bedford & Bridgeport Railroad Company.
J.C. Tate was born at Columbus, Mississippi, September 18, 1840. His education was acquired in institutions of learning located at Orange, N.J., Bedford, Pa., Newburg, N.Y., and Cannonsburg, Pa. He read law in the office of Joseph W. Tate, Esq., afterward attended the law university at Cambridge, Massachusetts, and was admitted to practice in the several courts of the county of Bedford, April 26, 1867. Since attaining years of manhood he has resided in San Francisco and San Jose, Cal., Boston, Mass., Morganton, N.C., Cumberland, Md., and Philadelphia.
Gen. David Stewart Elliott was born at Bedford, Pennsylvania, December 23, 1843. He was educated in the public schools of his native county. On the 25th of April, 1861, he enlisted as a private in Co. G, 13th regt. Penn. (three months) Vols., and served until July 31 following. Six weeks later, or September 10, 1861, he was mustered into service as a private in Co. E, 76th regt. Penn. Vols., and served with that organization until honorably discharged November 28, 1864. Subsequently he studied law in the office of Durborrow & Lutz, Bedford, Pennsylvania, and was admitted to the bar February 10, 1869; commissioned captain of Russell Zouaves, 16th division Penn. Militia, February 16, 1870; commissioned major-general 16th division Nat. Guard of Pennsylvania, January 16, 1873; commissioned lieutenant-colonel and division inspector, staff of Maj.Gen. James A. Beaver, September 9, 1875, and was elected and commissioned justice of the peace of Everett borough in 1869. He has always resided in Bedford county, either at Bedford or Everett. He published and edited the Everett Press from September 1, 1868, to February 1, 1873, and resumed the editorship of the same paper in February, 1881. He has served as chairman of the republican county committee for several years, as delegate to the state conventions on several important occasions, and was one of the alternate delegates-at-large to the national republican convention of 1880. Gen. Elliott is also prominently identified with the secret associations known as Masons, Odd-Fellows, Knights of Pythias, and Grand Army of the Republic.
Alexander King, Jr., a son of Judge Alexander King, was born in Bedford, Pennsylvania, May 19, 1847. Educated at Bedford and the Albany (New York) Law School, profiting also by the instructions received from his father, he was admitted to the bar July 20, 1869.
Hon. John M. Reynolds was born in Lancaster county, Pennsylvania, March 5, 1848. He graduated from the Millersville State Normal School in 1867. Subsequently he studied law in the office of John W. Dickerson, of Bedford, Pennsylvania, and on the 15th day of February, 1870, was admitted to the bar. In 1872; and again in 1873, he was elected to represent Bedford county in the state legislature, and served through the legislative sessions of 1873 and 1874. In 1875, he was elected district attorney and served in that capacity for a term of three years. Besides practicing his profession, he was one of the editors and proprietors of the Bedford Gazette from 1872 until August 1, 1880.
Humphrey D. Tate, was born in Bedford, December 7, 1848. After his graduation, at La Fayette College, he studied law with John Mower, and was admitted to practice December 14, 1870. In 1873, he was elected district attorney, which position he filled until his election as prothonotary and clerk of courts in 1875, he was re-elected in 1878, and again, 1881, for the term of three years. He also occupies the position of chief clerk in the office of the secretary of the commonwealth.
William C. Smith was born in the town of Bedford, Pennsylvania, June 2, 1845. His education was acquired in the public schools of Bedford and the state normal school at Millersville, Lancaster county, Pennsylvania. He became a law student in the office of John W. Lingenfelter, Esq., and December 14, 1870, was admitted to the bar. He was elected a justice Of the peace in the borough of Bedford in March, 1874, and re-elected to the same office in February, 1879. He has been one of the publishers and editors of the Bedford Republican since the establishment of that paper, April 14, 1881.
John H. Jordan, a son of John R. Jordan, Esq., was born in Bedford, Pennsylvania, July 13, 1848. His literary studies were completed at Mount Union College, Ohio. Subsequently he studied law in the office of Messrs. Russell (Samuel L.) & Longenecker (Jacob H.), and on September 7, 1871, was admitted to practice. He has officiated as the editor of the Bedford inquirer since January 1, 1883.
James C. Russell, a son of Hon. Samuel L. Russell, was born in the borough of Bedford, Pennsylvania, January 12, 1850. After attending the Bedford Classical Institute, in charge of Rev. John Lyon, Elder's Ridge Academy, Indiana county, Pennsylvania, Rev. Dr. Donaldson, principal, and La Fayette College, he graduated from the latter institution in 1869. Soon after he entered the law office of Messrs. Russell & Longenecker as a student at law, and March 31, 1873, was admitted to the bar. From April to October, l873, he resided in Pittsburgh, Pennsylvania (while engaged as clerk for Messrs. Moorehead, McClean & Co.). Since the latter date he has practiced his profession in his native town.
Frank Fletcher was born in Monroe township, Bedford county, Pennsylvania, April 23, 1852. He read law with Hon. George M. Spang for one year, also under Hon. John M. Reynolds, and on December 3, 1877, was admitted to the bar. He was elected district attorney of Bedford bounty in November, 1878, for three years, and re-elected to the same position in November, 1881. He has also served as attorney for the county commissioners.
Thomas M. Armstrong was born in Frostburg, Maryland, March 15, 1846. He was educated in the schools of his native town. On December 2, 1878, he was admitted to the bar of Bedford county. He has served as attorney for the county commissioners.
Nicholas L. McGirr was born in Bedford township, Bedford county, Pennsylvania, April 19, 1857. He was educated by family tutors, and at private schools in the city of Pittsburgh. After completing a thorough course of law studies in the office of Hon. John Cessna, he was admitted to the bar of Bedford county, July 19, 1880. Since August 1, 1880, be has been connected with the Bedford Gazette as associate editor, and has also been a contributor to the columns of Philadelphia and Pittsburgh newspapers.
J. Frank Minnich was born in Bedford, Pennsylvania, on June 18, 1852. Having completed his studies in the Bedford Classical Institute, he served as deputy prothonotary from May, 1874, to May, 1875, and as deputy register and recorder from May, 1875, until January 6, 1879. Meanwhile, and subsequent to the date last mentioned, he pursued the study of law in the office of Jonathan B. Cessna, Esq., and July 19, 1880, with Nicholas L. McGirr and Howard F. Mowry, was admitted to practice in the courts of Bedford county.
Howard F. Mowry was born in Bedford, Pennsylvania, October 8, 1856. His education was acquired at the Wesleyan University of Ohio. At a subsequent period he entered the law office of Messrs. Russell & Longenecker, and finally, after passing a very satisfactory examination, was admitted to the bar of this county, July 19, 1880. He officiated as deputy register and recorder from January 6, 1879, up to the time of his death, July 16, 1883; also attorney to the commissioners of Bedford county, and stenographer of the courts of the sixteenth judicial district.
Joseph S. Stayer was born at New Enterprise, Bedford county, Pennsylvania, January 21, 1854. His education was acquired at the Millersville State Normal School, Lancaster county, Pennsylvania, the Pennsylvania College, at Gettysburg, Pennsylvania, and the University of Michigan, at Ann Arbor. He studied law under the instructions of Hon. Thomas M. Cooley, at Ann Arbor, Michigan, and on April 17, 1882, was admitted to the bar of Bedford county.
J.N. Alsip, the last attorney admitted to the bar of Bedford county to date, was born in McConnellsburg, Fulton county, Pennsylvania, August 25, 1850. He read law in the office of Hon. George H. Spang, and was admitted to the bar November 22, 1882.
Beside those mentioned in the foregoing paragraphs, there have been admitted since 1860, as Bedford county attorneys, a considerable number of others -John E. McGirr, George W. Householder, John Palmer, Epsy M. Alsip, J.W. Dickerson, Hayes Irvine, John Alsip, William C. Hollahan, John W. Rouse, W. Scott Lee, John K. McCulloh, Rufus H. Black and Rufus C. Haderman.
HON. ROBERT C. MCNAMARA.
Robert C. McNamara was born in Newry, Blair county, Pennsylvania, February 16, 1853.
He passed his boyhood on a farm, living with his foster-father, Samuel Werking, in South Woodberry, Bedford county.
Attending the common schools, be proved an apt and brilliant scholar, and made such good use of his opportunities that at an early age he was able to assume the position of a teacher in the district schools, and thereby secure means with which to prosecute his studies further. As soon as his circumstances would permit he entered the University of Michigan, from which institution he graduated with honor. After the completion of his college course Mr. McNamara returned to Bedford county and pursued the study of the law in Bedford. In 1879 he was admitted to practice, and immediately opened an office. He rapidly gained a successful practice, and is today one of the most prominent of the younger members of the Bedford bar. In 1880 Mr. McNamara purchased an interest in the Bedford Gazette (an influential democratic journal, and one of the oldest papers in Western Pennsylvania, having been founded in 1805), and has since been one of its editors.
In 1882 Mr. McNamara received the nomination of the democratic party for representative to the legislature of Pennsylvania, and was elected. He was made a member of the judiciary committee and chairman of the committee on legislative apportionment. During the regular session, and the stormy extra session which followed, Mr. McNamara took a very prominent part in the legislative work, distinguishing himself for readiness in debate and aptness and skill in parliamentary tactics. He is one to whom the Latin phrase, "Fabae suae fortunae," is eminently applicable. His early life was beset with many obstacles, but by valiant self-exertion he has achieved prominence in his vocation, and although but a young man he has given evidence of the possession of those qualities of persevering energy and constant endeavor which, in many notable instances, have resulted in the most triumphant success.
HON. J.H. LONGENECKER.
The subject of this notice has proved himself to be a brave defender of his country amidst the trying scenes of war; and, in civil capacities, a lawyer of recognized merit and superior talents as well as an able and popular legislator. Such a career is full of Interest and worthy of detailed mention.
Hon. J. H. Longenecker was born near Martinsburg, Blair county, Pennsylvania, September 17, 1839. When he was four years of age his parents, John and Elizabeth (Holsinger) Longenecker, removed to a farm near Woodberry, Bedford county, where he lived until he reached the age of sixteen. He then entered the Allegheny Seminary at Rainsburg, where be pursued an academic course. While acquiring his education, young Longenecker engaged in teaching In the winter for several years, during which time he was principal of the Woodberry school for two sessions, and taught other schools in the neighborhood. His apt scholarship attracted the attention of his instructors, and during the latter part of his course at the seminary he held the position of assistant teacher, thereby defraying a portion of his expenses and those of his sister, who attended the school at the same time. Until the breaking out of the civil war, Mr. Longenecker led a pleasant and profitable though busy life, combining the occupations of student and teacher.
In September, 1861 be enlisted as a private in Co. D, 101st regt. Penn. Vols., and on the 20th of the following January he was promoted to sergeant-major of the regiment. May 1, 1863, he was commissioned second lieutenant of Co. D. On the 26th of the following July he was promoted to the rank of adjutant of the 101st regiment. While the army was lying on the Chickahominy he contracted a fever and was sent to Bellevue Hospital, New York. A month sufficed for his recovery, and be then rejoined the regiment. He served with the regiment until it was captured at Plymouth, North Carolina, on April 20, 1864. Adjt. Longenecker and the other officers of the regiment were then removed to the military prison at Macon, Georgia, and thence, in July, to Savannah. About a month later they were removed to Charleston, South Carolina, where for nearly a month they were imprisoned in the jail-yard. Next, the prisoners were taken to "Camp Sorghum," south of the city of Columbia, South Carolina. During the winter months they were incarcerated In the asylum prison at Columbia. Early in February, 1863 when Sherman was approaching the city, they were removed to Charlotte, North Carolina, and on the evening of their arrival Adjt. Longenecker made his escape. Two weeks later he was recaptured near the mountains of Western North Carolina, and carried back to Charlotte, and thence to Salisbury, North Carolina. March 2, 1865, he received his liberty In an exchange of prisoners which took place at Wilmington, North Carolina. On March 14 he was discharged from the service by reason of the great numerical reduction of the command.
In April, 1865, Mr. Longenecker became a law student in the office of Hon. S.S. Blair, of Hollidaysburg, and in September of the same year entered the law department of Albany (New York) University. He graduated from this institution May 25, 1866, receiving the degree of bachelor of laws. On May 5, 1866, he was admitted to practice in the supreme court of the State of New York. The following month he entered the office of Hon. S.L. Russell, of Bedford, to prepare further for entering upon the profession by the study of Pennsylvania statutes and practice. September 8, 1866, he was admitted to practice in the several courts of Bedford county. April 1, 1867, Mr. Longenecker was taken into partnership with Hon. S.L. Russell; thenceforth, sharing the large practice of the latter, he quickly arose to prominence in his profession.
At the annual election of October, 1868, he was chosen a member of the Pennsylvania house of representatives. The following year he was reelected, and served during a second term. Thenceforth be confined his attention almost wholly to the extensive law business of the firm of Russell & Longenecker, until 1882, when, at the earnest request of his party, he accepted the republican nomination for the office of state senator. The selection of Mr. Longenecker for this important position was a high tribute to his popularity and political standing. Though nominated by the regular or 'stalwart" republicans, and himself supporting the Beaver ticket in the memorable campaign of the year 1882, at the polls he received nearly the unanimous support of the independents, in his own county, and was elected, though leading politicians agree that no other republican in the district could have achieved this result. During the legislative session that succeeded he had positions on several important committees, and throughout this and the stormy extra session following, his conduct was characterized by such prudence and sagacity as won for him well-deserved prominence in the senate and the hearty approbation of the republican party. During the regular session Mr. Longenecker was a member of the judiciary, general, constitutional reform, and congressional and legislative apportionment committees and chairman of the committee on banks. He also served on the conference committee of the two houses, on senatorial and representative apportionment. In the extra session he was made chairman of the committee on senatorial apportionment, and prepared the bill supported by the republican senators.
Mr. Longenecker has always been a firm supporter of the principles of the republican party. He cast his first vote for Lincoln in 1860, and made his first stump speech during the exciting campaign of that year. In 1866 be took an active part in the county canvass, and in every important campaign since that time he has made public speeches in support of the party nominations. In his political and forensic career he has sustained the reputation of an earnest, able and forcible speaker.
Mr. Longenecker was married December 21, 1869, to Miss Rebecca V. Russell, eldest daughter of Hon. S.L. Russell, of Bedford, and is the father of three children: Samuel Russell, Ralph and Charles.
JAMES MCPHERSON RUSSELL.
Hon. James McPherson Russell, a son of Alexander Russell (5*), was born November 10, 1786, in the town of York, York county, Pennsylvania. Having availed himself of such educational advantages as the county of Adams, Pennsylvania, and an academy taught by James Ross, Esq., afforded, he read law in the office of his uncle-Hon. James Riddle, of Chambersburg, Pennsylvania-and was admitted to the bar of Franklin county, Pennsylvania, November 10, 1807. On the 17th day of March, 1808, he settled in the town of Bedford, Pennsylvania, and for a period of more than threescore years thereafter he was widely known as one of its most prominent and respected citizens. At the first court after his arrival in Bedford, in 1808, he was admitted to the Bedford county bar, and soon acquired a large practice. On the 6th of February, 1812, he married Rebecca, a daughter of Col. Samuel Lyon, of Cumberland county, Pennsylvania. He served as lieutenant of a military company called the "Bedford Fencibles," and as colonel of a regiment of militia but was never in active service. He also held a number of civil offices: trustee of the Bedford Academy; treasurer of the Chambersburg and Bedford Turnpike Road Company, at the time the road was being constructed, in the years 1816-17-18, etc.; manager of the Bedford Springs, and the first chief burgess of the town of Bedford of whom we have authentic record. He was a member of the constitutional convention of Pennsylvania, which framed the instrument known as the constitution of 1838. In 1840 he was elected a member of the twenty-seventh congress of the United States, and served during the years 1841-3. He died in Bedford, Pennsylvania, on the 14th day of December, 1870.
HON. SAMUEL LYON RUSSELL.
Hon. Samuel Lyon Russell, a life-time resident of the town of Bedford, a gentleman of liberal education, of marked ability and sterling integrity, is a son of Hon. James M. Russell. He was born in Bedford, Pennsylvania, July 30, 1816. After attending the schools and academy in Bedford, the Gettysburg gymnasium at Gettysburg. Adams county, Pennsylvania, and Washington College, at Washington, Washington county, Pennsylvania, he graduated from the latter institution in September, 1834. Soon after, he begun the study of law in his father's office, and on the 29th day of November, 1837, was admitted to practice in the courts of Bedford county. He thus ranks as the oldest active member of the present Bedford county bar. During the forty-six years which have passed since his admission, he has practiced his profession continuously, and, we may add, most successfully; yet intervals have frequently occurred when he has been called upon to perform important official duties. On the 27th of August, 1838, he was sworn into office as deputy attorney-general of the county. He held the office but a brief period, however, for Gov. Porter, a democrat, was elected in the fall of 1838, and Mr. Russell being a whig, the latter soon had to relinquish his position. Prior to 1847, he served as lieutenant of a Bedford military company called the "Independent Greys." He was also commissioned major of a volunteer battalion. In October, 1852, he was elected a member of the thirty-third congress, and served during the years 1853-5. Twenty years later, or in October, 1872, be was elected a member of the constitutional convention, which framed the present constitution of the State of Pennsylvania. Mr. Russell has also held quite a number of minor offices in the borough of Bedford, which it is needless, perhaps, to give in detail. Yet we will add that he has always displayed much activity and zeal in the cause of education.
SAMUEL M. BARCLAY.
Samuel M. Barclay, the youngest son of Hugh and Hetty Barclay, was born in Bedford, October 17, 18O2. Left fatherless by the death of his father, in 1807, he grew to early manhood under the guidance and care of his mother, a noble and exemplary Christian woman, who died in 1819. He was educated at the Bedford Academy until that institution was temporarily closed, about the time of his mother's death. A fondness for agricultural pursuits then led him to undertake for a time the cultivation of a small farm but shortly afterward, encouraged and inspired by his sister's influence, he began to devote himself to literary and legal studies in the office of his brother Josiah. He became a successful pleader, and finally reached the head of his profession at the Bedford bar. In 1828 Mr. Barclay was practicing law in partnership with Francis B. Murdoch, Esq. In 1839 he married Miss Anna, daughter of Maj. Morrison, a wealthy citizen ofBedford. Less than a year elapsed before his bride-young, beautiful and devotedly loved-was snatched from the scenes of this earth-a wife and mother and not nineteen years old.
Without following, his career through each successive step, we can best present a view of his life and character by a quotation from a biographical sketch written by Richard de Charms:
"From our own knowledge, we can say that Mr. Barclay was a man of ability in his profession. He mingled with men around him, studied their character in familiar intercourse, felt deeply the secret springs which act upon their rational volitions, touched these with a master hand in his addresses to the jury, seized with consummate tact only a few strong points of his case, adroitly shoving all the rest out of sight, and very frequently gained his cause by this wedge-like dialectic concentration of his forces on the central positions of his opponent's diffuse argumentative array. Great urbanity of manner and the utmost accessibility in his free and social intercourse with all the people, but especially his liberality to the poor and gratuitous counsel and defence of the unfortunate made him eminently a popular man. A proof of his popularity was his activity and high influence in political affairs. Against the advice of his brothers, who belonged to the opposite party, he was conscientiously a whig in politics, although he well knew that this precluded him from the greater political advancement which his adhesion to their side would most certainly have secured him. Nevertheless, he was once elected to the house of representatives, and once to the senate, of the Pennsylvania legislature, and might, if he had desired, have attained still higher position; but we well know that he shrunk from all conspicuous and responsible public station, and only took it when constrained by imperative sense of duty."
Mr. Barclay was one of the main supporters of the New Jerusalem or Swedenborgian church in Bedford, and was ever devotedly attached to it. He died in Philadelphia, January 3, 1853. He had gone to the city on business during Christmas week, and being suddenly aroused in the night by a disastrous fire near his hotel, he contracted a severe cold, which brought on pleurisy and resulted in his death.
*The Bedford whipping-post and pillory, so frequently referred to in the records, stood in the near vicinity of the original court-house and jail-across the street and just north of the present court-house. For nearly twenty years they were in use, but in 1789 "an Act amending the penal laws of the State" went into effect: the whipping-post and pillory were in consequence abolished.
** Formed March 29, 1824.
***It is a noteworthy fact that Judges Black, Kimmel and Baer were born within a circuit of three miles, and that they all rose to prominence from the middle walks of life without collegiate educations.
(4*)Hon. D. Watson Rowe, of Greencastle, Pennsylvania, was appointed additional law judge of the sixteenth district, March 18, 1868. In October of that year he was elected to the same position for ten years, beginning with the first Monday in December, 1868. When Franklin county became a separate judicial district, Judge Rowe was commissioned president judge of it -the thirty-ninth district.
(5*)During the revolutionary war Alexander Russell served for five years in the Pennsylvania Line, as lieutenant of the company commanded by Capt. Alexander, of Carlisle. He married a Miss Mary McPherson.
SOURCE: Page(s) 201-216, History of Bedford, Somerset and Fulton Counties
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(c) Bedford County Pennsylvania Genealogy Project