Emanuel Swedenborg.

History of Tioga County, Pennsylvania online

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successful lawyer and a formidable advocate, were his good judgment, ready appre-
ciation of the strong points of his case and the weak points in the other side; his
great industry in the thorough preparation of his case, never trusting to chance, but
always possessing a clear understanding of it; while his good judgment of men and
knowledge of how the grouping of facts would strike the court and jury, generally
enabled him to make the most out of the cross-examination of the opposing wit-
nesses. His indomitable courage never deserted him. When the tide seemed to be




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THE BEXCH AXD BAB. \Q\



the strongest against his client he worked the harder, and his ingenuity and tact en-
abled him to get the best possible results out of desperate cases. He had wonderful
capacity and inclination for work, and loved it more for the success he achieved than
for the remuneration it brought him. His strongest characteristic?, therefore, were
industry, good judgment of men, tact and courage.

In the practice of his profession Mr. Sherwood was always ready to volunteer
in the defense of the poor and unfortunate, and no person was ever turned from his
office for want of money to pay fees. His zeal for his client was the same whether
there was a good fee at the end of the case or not. He always made his cUent's case
his own and contested every point as if his personal interests were at stake. He
loved his profession, and to him the keenest gratification of his life was at the close
of a trial in which he had successfully defended and vindicated the right* of a client
uiion whom he felt a wrong had been sought to be perpetrated. C'cmipensation with
him, as with every true lawyer, was a matter of secondary consideration. H is client's
interest was his first thought and his own remuneration a mere incident in the case.
Mr. Sherwood was especially loved liy the younger members of the bur for liis uni-
form kindness and courtesy, being ever ready to extend to them a heli)int; hand.
Frequently called upon for advice, he fjave it cheerfully, and there are mcniliers of
the Tioga county bar who will cherish his memory as long as they live. For more
than forty years he continued in the active duties of his profcssicm. winning a large
practice and attaining a well-earned prominence at the bar. .V few years a;,'o the
advancing infirmities of age compelled him to retire from active work, and he spi-nt
the sunset of an honoralile, upright life in tiie ipiiel happiness of his home in Wells-
boro, where lie died N(ivend)er 10, IS'.XI. hnvinir passeil the ripe af,'e of cigiity-ihrce
years. At his death the court and bar ado]]ied the followiiii,' tributi^ to his nicninry:

Rchiilviil, That by the death of Henry SIutwhoc'., who forii half acriiturywa«an active
membpr of the liar nnd one of the lending lawyiTs of I'eniisvl\,iiiin, the court and bar
of Tiofra ciiiinty in dcvp sorrow reeog'ni/e the Iohs of n profound jiiriHt nnd an able
advocate, a patriotic .slntcsnian, nn agreeable, companionable pentl>-man, a noble
and (^enerouK private citi/.cn. u kind husband and an indulgent and affectionate father.

Aside from his profession, Mr. Sherwood always took a lively interest in what-
ever had a tendency to de\elo|) the resoiireo ui the eouiiiy and advance it. - indus-
trial prosperity, lie was a jiriine mover in the oriranization of the Tioga County Ag-
ricultural .Society, in 1S.")-J, and was its president in ls:i!t. when he introduced Ildrace
(Jreeley to the large audience gathered to hear that distinj^ui.shed journalist, whimi
he had engaged to deliver an address to the society, ilr. Sherwood was also untiring
in his efforts to secure the construction of the railr<)ad from Well.'-horo to Lawrence-
ville, now the Corning. Cowanesijiie and .Viitrim section of the Fall Brook, and
served as president of the company from its organization until the completion of the
road in 187S. He strongly advocated the building of the .Tersey Shore and Pine
Creek railroad, now a part of tlie Fall Brook system, was a director of the company
until the road was finished, and president of the same from its organization up to
the time of his death. He wa.s also a director in the Fall Brook Railroad Company.

When the Civil War broke out Mr. Siierwood gave an unswerving and loyal
8up|)ort to the Union cause, and during its continuance aided lihcrally in sending
men to the front and in stirring up an inten.se spirit of patriotism among the people.

II



162 HISTOEY OF TIOGA COUNTY.



Throughout his long and active career he was always a staunch Democrat, and was
the candidate of his party for Congress in this district three times, in 1856, 1870 and
1873. In 1870 he defeated William H. Armstrong, of Williamsport, the Republican
nominee, by a majority of twenty-seven votes, wiping out Mr. Armstrong's previous
majority of 3,038, much to the surprise of his opponent, thus proving his popularity
among the people of the district. His course in Congress was creditable to himself
and constituents. He also represented the district several times in state and national
conventions and always gave his best efforts towards the success of his party.

Mr. Sherwood was twice married. In February, 1843, he was united in mar-
riage with Miss Sarah M. Allen, of Cortland county, New York. She died August 17,
, 1871, leaving one son, Walter, now a well-known lawyer of Wellsboro. Two years
later he married Levancia Allen, a sister of his first wife, who survives him. An
ardent lover of nature, Mr. Sherwood had the deepest affection for every living
thing, and took great pleasure in the companionship of the domestic pets which
always found a warm welcome in his home. He also loved the green fields, the woods
and the flowers, and was in fact a good type of one of Nature's noblemen.

i'EEDEEiciv E. Smith was born at Amherst, Hampshire county, Massachusetts,
November 15, 1822, and removed with his parents at an early age to Marion, New
York, where he was prepared for college at the Marion Collegiate Institute. In
July, 1844, he graduated from Union College, Schenectady, New York. During
the ensuing year he was principal of Wolcott Academy, Wolcott,, New York, and
afterward the academy at Clyde. He then began the study of law with Hon.
Chauncey F. Clark, of Wolcott. In 1846 he removed to Tioga and completed his
studies under Hon. John W. Guernsey, of that place. He was admitted to the
Tioga county bar in 1849, to the Supreme Court of Pennsylvania in 1853, and to the
United States courts in 1865. In 1849 he formed a co-partnership with Hon.
Charles H. Seymour, of Tioga, which continued until 1853. He was married, June
14, 1853, to Stella F. Bigelow, of Tioga, youngest daughter of Judge Levi Bigelow.
In 1856 he was a presidential elector on the Fremont ticket, and in 1860 was
an elector on the Lincoln ticket. He was an ardent supporter of the Union
cause, and an earnest friend of the soldier during the Civil War. In 1865 he was
appointed a United States commissioner, holding that office until his death. In
1867 he was appointed United States register in bankruptcy for the Eighteenth
(now the Sixteenth) district, serving until the repeal of the"law. In June, 1879,
he became one of the founders of the banking house of Pomeroy Brothers & F. e'.
Smith, at Blossburg, with which he was connected until his death, at his home in
Tioga, October 8, 1889. He was prominent as a Mason and an Odd Fellow, and
was one of the trustees of Union College, Schenectady, New York. Mr. Smith
was an able and successful lawyer, and had a well-deserved reputation for upright-
ness and integrity.

Thomas Allen was born in Kennebunk, York county, Maine, December 11,
• 1817, and was educated in the common schools of his native town. In 1841 he came
CO Tioga coimty and located at Elkland, where he was engaged in the saddle and
harness busmess for seven years. He then studied law under Hon John C Knox
and was admitted to the bar in September, 1851. He opened an office in Wellsboro
with A. P. Cone, and practiced his profession until January, 1865, when he entered



THE BENCH AKD BAB. 163



the county commiBsioners' office as clerk and served in that capacity ten years. In
, 18"(4 he was elected county treasurer and served one term, after which he resumed
his law practice, continuing until 1892, when he retired on account of ill health, but
is still a resident of W'ellsboro.

Hon. Butlek B. Strang was one of the most distinguished and brilliant mem-
bers of the Tioga bar. i>om in Greenwood, Steuben county, Xew York, March 16,
1829, the son of a Methodist minister, he came with his father to Westfield, Tioga
county, Pennsylvania, in 1840, where he was reared to manhood. He studied law with
A. J. Monroe, of Knoxville, and was admitted to the bar in 1802. Four years later
he was elected district attorney, in which office he displayed thii?o legal talents
which in later years placed him in the front rank of his profession. Hf >on-ed in the
legislature in 1861-62, and from 1808 to ISTl. He was chairman of the judiciary
general committee t\\(j sessions, and of the ways and means one ^I'^slon, and was
speaker of the House in 1870. Ho served in the Senate from is:.! to is'ai. During
that period he was chairman of the judiciary general committee two sessions, chair-
man of the finance committee two ses-sions, and speaker nf the Smate in l.sT 1, the
last regular speaker of that body under the old constitution. Mr. Strang was a
member of the first committee which visited Washington, in conjunction with the
committee of council from I'liiliKklphiii, to initiute the Centennial Exhibition and
bring it to the attention of Congress. He was jiImi chairman of the legislative
centennial committee appointed to assi.^^t in tlie erection and care of the I'enn.fylvania
buildings, but resigned the position to Senator .lone.s, of Piiiladclphia. .V.i chairman
of tlie tommission appointed by (lovernor Hartranft to devi.^e a eodc for the govern-
ment of cities, he made an elaborate report, accompanieii hy a bill, but it was mver
adopted in full. After- leaving the scenes of his greatest triumph.-* at Ilarrisbur;;,
Senator Strang was appointed United States marshal for the Territoryof Dakota, but
after a short term of service, inqiaired health compelled him to resign the office in
1882. Returning to his home in Westtield, he retired from aetive polities and
devoted his attention to professional work and the gratification of his highly culti-
vated literary tastes.

During his public lift' of nenrly twenty years, few men in the Commonwealth
exerted a greater influence or eominanded a higher regard in his own party and
respect from the leading men anionj; the opposition than Rntler B. Strang. En-
dowed with a clear intellect and a dignified presence, jiossessini: a wide knowledge of
parliamentary law and n.sngos, and being an able and effective debater, he was the
recognized Republican leader of the House and Senate. SduMilcd in the adversi-
ties of pioneer life, he knew the wants of liis constitnents, and he did not he-itate
to battle for them. Few men could express their views more lucidly, and few were
gifted with the power of making a more incisive or convincing argument. He was
for many years one of the leading members of the Tioga bar and was counsel in
many important suits. Owing to his life of great activity and the mental strain
to which he was constantly subjected, his health, never the best, broke down com-
pletely, his mind gave way, and on the morning of ^fay 10, ISSt, while laboring
under great mental aberration, he placed the muzzle of a revolver to his right temple,
pulled the trigger, and all was over in an instant! His death caused a profound
senHiilion, and there was sincere mourning among the people of the count}', a." he



164 HISTORY OF TIOGA COUNTY.

was one of the brightest, most aggressive and brilliant of the many adopted sons of
Tioga.

Chahles 0. Bowman was bom in Westfield, March 6, 1825, and was educated
in the common schools and the Genesee Wesleyan Seminary. He read law imder
Hon. Eobert. G. White, of Wellsboro, and was admitted to practice September 8,
1852. After his admission he located in Knoxville. In 1862 he was elected a member
of the legislature. He removed to Corry in 1865, and in 1869 was elected to the
legislature from Erie county, and in 1872 was a member of the Constitutional Con-
vention. He is now a member of the bar of Erie county.

CoL. EoBEET T. Wood was bom in Laurence township, Otsego county. New
York, February 2, 1830, and is a son of John T. Wood. He was educated at Mill-
ville Academy, Orleans county, and Wilson College, Niagara county. New York.
In 1850 he began the study of law with Hon. James Lowrey, of Wellsboro, Tioga
county, and was admitted to the bar in 1853, and to the Supreme Court of Pennsyl-
vania in 1869. He located at Elkland, where, with the exception of six years spent
in what is now South Dakota, and the time he was in the army, he has continued to
practice his profession since his admission to the bar. In August, 1861, he raised
Company I, Second Pennsylvania Cavalry, and went to the front as captain of his
company. On October 4, 1862, he resigned his commission, by reason of disability.
But not contented to remain idle while the nation's life was in danger, he re-enlisted,
July 6, 1864, raised Company H,Two Hundred and Seventh Pennsylvania Volunteers,
and again went to the front as captain of that company. On March 25, 1865, he was
promoted to the rank of major, and was mustered out of service June 7, 1865, with
the rank of lieutenant-colonel. He was wounded in front of Petersburg, April 2,
1865. For six years he was district attorney of Bon Homme county, in what is now
South Dakota. On December 10, 1851, he married Mary E. Culver, a daughter of
Leander and Dolly (Bottum) Culver, of Elkland, and has two children, Leander and
Jennie. Colonel Wood is a staunch Eepublican, was clerk of the House of Kepresen-
tatives in 1869, 1870 and 1871, and has always taken a deep interest in the success
of his party. From 1878 to 1880 he edited the Elkland Journal, conducting it as a
Eepublican paper. He has been commander of J. Edgar Parkhurst Post, No. 581,
0. A. E., of Elkland, five successive terms, and is a member of the Masonic order and
the I. 0. 0. F. In religious faith he adheres to the Presbyterian church.

Augustus Steeeteb was born December 12, 1823, in the township of Shippen,
on Pine creek. He received an academical education, studied law with A. J. Monroe,
and was admitted to the bar in December, 1854. He was a fellow-student with Butler
B. Strang, but unlike him, never went into politics and never held any official posi-
tion. His first case in court was in 1855, when he and Strang defended a man charged
with arson, who was acquitted. Singular to relate after an active service of twenty-
seven years, Mr. Streeter's last case was that of the same man charged with killing
his son. He was indicted for murder, but was acquitted and discharged. Mr. Streeter
died in the spring of 1883, aged sixty years.

Henet Allen was bom in Smithfield, Bradford county, Pennsylvania, August
, 10, 1823, and was the third son of Ezra Allen, who came to Pennsylvania from Hali-
fax, Vermont, in 1819. He was of the sixth generation from James and Anna Allen,
who came probably from Scotland, and settled in Dedham, now Medfield, Massachu-



THE BENCH AXD BAR. 165



setts, in 1639, the line of descent being as follows: Joseph, youngest son of James
and Anna Allen; Xehemiah, youngest son of Joseph; David, sixth son of Xehemiah;
David, Jr., first son of David; Ezra, second son of David, Jr., and Henrj-, third son of
Ezra. The subject of this sketch studied law in Cherry, Luzerne county, under Judge
Dietrick, and in Smithfield, Bradford county, under Judge Bullock, and was ad-
mitted to the Bradford county bar in 1854. He soon after came to Mansfield, Tioga
county, where he continued in the practice of his profession, and filled the office of
district attorney from December, 1859, to December, 1862. In March, 1860, he was
admitted to practice in the Supreme Court of Pennsylvania, and in IsTO to the
United States district court. He was a law clerk in the office of the in-
ternal revenue department at Washington, D. C, from S^'ptt-mber, 18G-1, to
October, 1865, when he resigned on account of ill health. In 1869 he was ap-
pointed notary public and held the office during the remainder of his life. On Octo-
ber 25, 1846, Mr. Allen married Elizabeth Fralic, a daujiliter of Benjamin Fralic, of
Richmond township. She died January 9, 1862. He was again married March 'i."),
1863, to Jean M. Butts, a daughter of Lorin and Harriet IJuitN of Mansfield. Her
parents were natives of Canterbury, Connecticut, and canif to Mansfield in 1832.
Mrs. Allen became the mother of one daughter, Fredrika Brumer, now the wife of
George A. Clark, of Mansfiold. Mr. Allen died January 4, 1HS8, aged .sixty-four
years, and his wife, May 12, lS!)(i, ajri'd sovonty-two years. In politics, he was a
Republican, and in religion a member of tliu Baptist cliurch. He was also comirrted
with the Masonic order, in which he was a Kni-lit Templar. Mr. Allen wa.s zealous,
painstaking, industrious and i)ereeverin^' in l.ehalf of his clients, and oceupied a
prominent place in his profession. He was the first b^^•.-e^s of Mansfield, was at
different times a member of the school l)oai(l, and was prominently identili.d with

the borough's history.

SAMnci, V. KiHKKNDALL wns born in Barton, Tio^'a eounty, Xew York. Mareh
29, 1S34, a son of Henry P. Kirkendall, and was ei^'lit years old when his parente
came to Lawrenoeville, Pennsylvania. He attended the common schools in the win-
ter, and worked at farming and lumbering in the summer, until he wa.s sixteen
years old. He then went to a private school for about a year, and finally entered the
Lawrenceville Academy, whieh he attended about two years. When only nineteen
years of age he received a certificate authorizing him to teach in the common schools,
and he taught until 1857. He then commenced the study of law with Kas.son Park-
hurst, of Lawreiu eville, and wns admitted to the bar of Tioga county in l.s.-,9. In
1860 he located at Millerton, where he followed teaehing for thirteen years, and
then began the practice of his profession, to which he has since devoted his attention^
Mr. Kirkendall married Jerusha TiUingl.ast, a daughter of Charies TiUinghast, of
Jackson townshi].. Tioga county, whose father was a captain in the Continental
army, and whose grandfather was (icn. John LamU. of Revolutionary fame. Mrs.
Kirkendall died October 3, 1895. She was the mother of four children, viz: Arthur,
Ella Mav. Pratt and Franz Joseph. Of these, Pratt, now a student at Man.field Mate
NormalSehool, is the only survivor. In politics. :Mr. Kirkendall is an ardent De.nn-
crat, and has been the nominee of his party on several occasions for important oib. , s,
among them that of president judge. He is one of the oM.st members nf the Tioca



166 HISTORY OF TIOGA COUNTY.

coimty bar, and has also been admitted to the United States district and eireuit
courts for the Eastern district of Pennsylvania.

Wallace Pulaski Eyon, son of Judge John Eyon, was born in Elkland, July
18, 1836, and was educated in the Lawrenceyille Academy, Lawrenceville; Lima Col-
lege, New York, and Dickinson Seminary, Williamsport. He studied under the pri-
vate tutorship of Eev. Sidney Mills. He read law with his brother, Hon. John W.
Eyon, now of Pottsville, Pennsylvania, and was admitted to the Tioga county bar
in 1861. He then clerked for his brother, John W., who was paymaster in the Penn-
sylvania Eeserve Corps, and in the spring of 1863 located at Tamaqua, Pennsylvania,
and practiced one year. He next removed to Pottsville and practiced with his
brother, John "W., until 1879. From 1869 to 1872 he was cashier of the Pennsylvania
National Bank, of Pottsville, and in 1873 president of the Merchants' Exchange Bank
of the same place. From 1879 to 1882 he was connected with the coal and iron busi-
ness in Philadelphia. In the latter year he returned to the old homestead in Law-
renceville, and has since devoted his attention to farming and the practice of law.

Geobge W. Eyon, a well-known lawyer and banker of Shamokin, was born in
Elkland, Tioga county, April 30, 1839, a son of George L. Eyon, now a resident of
Lawrence township. He read law in the office of his uncle. Judge James Eyon, then
practicing at Tamaqua, Schuylkill county, was admitted to the bar of that county
September 10, 1861, and soon after opened an office at Lawrenceville. In 1869 he
located in Shamokin, where he has since continued in the active duties of his profes-
sion and won prominence at the bar of Northumberland county.

Hon. Jeeome B. Niles is one of the prominent and best-lcnown members of the
Tioga bar. He was born at Niles Valley, Tioga county, September 25, 1834, and is the
only child of Aaron Niles by his marriage to Mrs. Betsey Kilbourne, widow of John
Kilbourne and daughter of Eufus Butler. His youth was spent on his father's farm
at Niles Valley, and he attended the common schools of the neighborhood until the
fall of 1856, when he entered Union Academy, at Knoxville, where he remained a
year. In the fall of 1858 and 1859 he taught the district school at Wellsboro. He
finished reading law under the direction of Hon. Henry Sherwood, and was admitted
to the bar at the September term of 1861. After filling several minor offices he was,
at the session of the Pennsylvania legislature of 1862, appointed message clerk to the
House. This was the beginning of his political career. In the spring of 1862 he
was appointed mercantile appraiser of Tioga county, and in the fall of the same year
he was elected district attorney and was re-elected in 1865. He filled the office very
acceptably for six years. In 1864 he was again message clerk of the lower house of
the legislature. In the meantime he had taken \ip his residence permanently in
Wellsboro and entered into a law partnership with Stephen F. Wilson, which relation
continued until the latter went upon the bench. In 1868 he was elected a member of
the legislature and re-elected in 1869 without opposition. At this time Tioga county
was only entitled to one member in the House, and as much important legislation was
demanded a great deal of work necessarily devolved on him. It was during these
sessions that a strenuous effort was made to dismember Tioga by taking away a portion
of her territory to assist in forming a new county to be called Minnequa. Mr. Niles
took an active part against the movement and contributed largely to its defeat. The
act incorporating the Jersey Shore, Pine Creek and Buffalo Eailroad Company was



THE BENCH AND BAB. 167



passed durifig the session of 1870, and received his ardent support upon the unani-
mous vote of his constituents. In 1872 he was elected a member of the Consti-
tutional Convention from the district composed of Cameron, McKean, Tioga and
Potter coimties. He took a prominent part in the proceedings of that body, and was
the author of the article relating to the formation of new counties. In 1S80 he was
again elected a member of the House, and in the ensuing session took a prominent
position as a legislator. He developed great aptitude for leadership and took a con-
spicuous stand in the movement which culminated in the election of Hon. John 1.
Mitchell, of Tioga county, as United States Senator, ilr. Xiles was re-elected a
member of the House in 1883, and in view of the creditable reputation he had made
during his several terms in that body, he became the nominee of the Eepublican
caucus for speaker. As, however, the Democrats had a majority, he was defeated
for election. In 1883 he was nominated by the Republicans for auditor f,'eneral of
Pennsylvania and was elected. His term began on the first ilonday of May, issi,
and his three years' administration of the ofBce was marked by no deviation from
the excellent record he had made in the public positions he had previously filled.
The Philadelphia Times, in an article on "Lawyers of the State." published February
16, 1896, refers to General Niles' term as auditor general in the following' language:

Upon the proper administration of the office the revenues of the State larg^ely de-
pended, and no incumbent of the position ever made a naore earnest or more suc-
cessful effort to give the State the utmost revenue possible imder the laws. The law of
1885, making realized capital pay its fair share of the taxes, was in large part framed



Online LibraryEmanuel SwedenborgHistory of Tioga County, Pennsylvania → online text (page 21 of 163)