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Presented by the Author

1^1 3

LEGAL REMINISINCES

by

HON. W. B. BROOMALL
Page I

Bench and Bar of Delaware County
by

H. GRAHAM ASHMEAD
Page 19

A. LEWIS SMITH
Page 36

GEO. E. DARLINGTON
Page 44

Ckzixo

LEGAL REMINISCENCES,
BEING AN ADDRESS DELIVERED BY HON. WILLIAM B.
BROOMALL AT THE ANNUAL MEETING OF THE
DELAWARE COUNTY BAR ASSOCIATION, HELD
JAN. 10, 1910, AT THE MEDIA CLUB,
SOUTH AVENUE AND WASHING
TON STREETS, MEDIA, PA.

A view backward finds a convenient resting place at the
hegira of the removal of the Courts from Chester to Media,
in 185 1. Court had been transacted in the old building on
Market street, Chester, since 1724, continuously with the ex
ception of the two or three years preceeding 1790, of the West
Chester episode. From this edifice, which at and after the
time of its building, had a local reputation for magnificence,
had issued the judicial decrees of its jurisdiction for a century
and a quarter. It had an air of stolidity in keeping with the
serious character of its business. An aroma of awe, dignity
and authority exhaled from its walls. A tradition of affairs,
tragedy and comedy, momentous and frivolous, hung about its
precincts. A bell suspended in a belfry on its roof, punc
tuated with its ringing, the sentences of time for over a cen
tury, as the world went along. Fancy can revive its ringing
at the coronation of King George HI, in 1760, as he came in,
and again in 1776, as he went out, and only just abstaining
from ringing again with consolation at his demise in 1820.
In imagination we can see Judge Chapman, the last of the
appointed Judges, in the later forties, as he would cross Mar
ket street from the hotel of Mine Host Clyde, and enter at the
rear door of the bull's eye projection on the north side of the
Court House, in company with Associate Judges Leiper and
Etijgle. The platform upon which the judges sat, filled the
semi-circular projection, which made the bench coincident with

the north wall of the building. It was some four feet above
the floor of the bar, which in turn was a step above the audi
ence floor. The bar railing extended from east to west wall,
assigning about two-fifths of the floor space of the room to the
lawyers. The entrance for the laity was by two doors on the
south side, one near the east corner, and the other near the
west corner. Between the doors and along the inside of the
south wall an open set of steps led to the second floor, which
was divided into a grand jury room and two petit jury rooms.
A Court Scbne in Ou) Chester.
A nod from Judge Chapman would bring Crier Bill Thomp
son to his feet, followed by the time-honored proclamation, and
the wheels of justice were in motion. The lawyers present of
the local bar would be Samuel Edwards, Edward Darlington,
Robert E. Hannum, John M. Broomall, Paul B. Carter, Robert
McCay, Joseph R. Morris and Charles D. Manley. There
would also be two or three lawyers from West Chester. Pos
sibly Benjamin Tillghman would be there from Philadelphia.
The business of the Court would be finished in two or three
days, and the quarterly term would be ended.
Strange deductions are made from narrow premises. That
the chief vocation of a lawyer is to sit in the window of the
Court House is a deduction which suggests no light on the
course of the reasoning occasioning that consequent. One of
the windows on the east side of the Court House opened from
the bar on the street. The thick walls presented an ample
seat. An indisposition to remain seated for long on a chair
was a physical eccentricity of John M. Broomall. According
ly for the most part when seated, he would be in this window,
and in summer time readily visible from the street. Young
John O. Deshong in passing had frequently noticed him. One
day while playing in a pile of shavings in front of a carpenter
shop, which stood back from the north side of Third street,
midway between Market street and Edgmont street, he said to
the speaker, then a boy of six years, "Your father is a lawyer,
isn't he?" To which the response was "Yes." "And," says

Deshong, "he sits in the window of the Court House." The
sequence of this information to a boy's mind was that a law
yer plied his vocation by being seated in the window of the
Court House.
At the time of which we speak it is probable that no law
yers at the local bar, with the exception of Mr. Darlington
and possibly Mr. Edwards, earned his living solely by his pro
fession. They eked out the scanty emoluments of the law with
farming, school teaching or surveying. With the exception of
an occasional metamorphosis of a water-wheel into a wheel of
justice and the diversion of the grist into channels flowing
to the lawyers' pockets, over the encroachment of a water right,
or a disputed boundary line wherein an owner's sense of sov
ereignty was more offended than his purse, the law was a
meagre resource. The Passing of Oi,d Chester's Glory.
But the old bell had reason to toll when the knell of the
ancient Court House was sounded in 1850. The diseases
which were surmised as afflicting the departed were the high
prices which Chester folk exacted of the countrymen, while in
attendance on legal business, which had risen to the extortion
ate figures of a "levy" for dinner, a "fip" for horse feed, and
as much as four "levys" per diem for the benighted person,
who was compelled to take board by the day. Another was an
antipathy to the political coterie of the town, who ruled the
politics of the country. A sympton of this ailment was the
reply of the countryman upon his entry into town when ques
tioned as to his opinion upon any subject. He would parry
the question by the interrogation, "What does Josh and Bill
say about it?" Meaning Joshua P. and William Eyre, whose
dynasty had been long and for the most part properly admin
istered, but was drawing to a close with the hardening of its
arteries through length of years. Another feature of disease
was the desire to increase the demand for work and building
materials. The disease which was duly certified as the cause

4
of the demise of the decedent, was that the justicial heart was
too far removed from the centre of the body.
Hence the Phoenix of Media arose out of the ashes of the
departed. If the old walls could now give voice to all the notable
and interesting things which they echoed as they transpired,
what a volume of valuable lore would be at our hand. The
causae celebres of harrowing murder trials are matters of his
tory, but the minor details of other passing events are for the
most part buried in the oblivion oi forgetfulness. A ripple
or two of the current is all that remains. Crier Bill Thomp
son, as was fitting for his station, gloried in a stentorian voice,
and well earned his sobriquet, "The Bull of Bashan." In
court and on his pedestal his importance could scarcely brook
even the gaze of an ordinary man. In his opinion, the pro
ceedings of the court could not go forward until he had im
plored the protection of the Deity for its safety. Out of court
he was made of the same materials as other mortals and was
often made the target of attack of 'Squire Ulrich, the prince of
practical joke players. On a summer's afternoon when the
doors of the court room were open, and a tedious and quiet
case was in progress, 'Squire Ulrich sauntered down the street,
and to beguile a few idle moments, ventured quietly and mod
estly, deferentially and timidly, into the court room, and gently
took a seat. His entrance was noticed by the crier, and while
yet sitting as quiet as an Egyptian mummy. Crier Thompson
roared, to the consternation of the court assembly, "Silence,
'Squire Ulrich." Discomfiture is a mild term to apply to the
surprise of the innocent victim of the command. He could
neither parry the thrust, protest his innocence, nor run away
from the situation. Thompson quietly enjoyed the predica
ment into which he had put his old adversary, and a large in
crement was added to his side of the old joke playing feud.
No doubt there were many deliverances of legal erudition,
voiced in the old building, but they are buried in the tomb of
the capulets. A little incident, however, has floated down the
stream of time, while matters of weighty importance have been

5
covered by the waters of Lethe. On one occasion the Judge
and the lawyers were engaged in solving a knotty problem,
while Robert E. Hannum was sitting by, an attentive observer
of the process, when he happened to remember an old Act of
Assembly, which bore a very pertinent application to the sub
ject in hand. .Sending to his office for the pamphlet laws, he
brought the old law to the attention of the Judge. It decided
the point. Ever afterwards he had the reputation in the
common mind of knowing more law than the Judge himself.
The Exodus to Media.
What a momentous question was submitted to the lawyers
of that day, when they had to decide, each for himself, would
they follow the courts to Media or stay in Chester? Would
they sever all of the ties of association which bound them to
the old town ? Would they go to the broad acres where Media
was to be ? The old town had churches, schools, stores and y
library. Media had none. Chester had a railroad, extending
to cities and the .outside world. The venture of a small ra'l
road near Media was only just entering into an existence,
fraught with uncertainties. Mr. Edwards was too advanced
in years to contemplete the change, and he died in the latter
part of 1850. Mr. Dariington, as the leader of the bar, was
constrained to follow the courts. Besides what was there left
at Chester after the courts were taken away? Nothing but to
fish in the spring, bask in the sunshine of summer and hiber
nate in winter. Prior to the agitation for the change and be
fore the Act of Assembly of 1847, providing for the change,
the farms surrounding Chester could not be purchased, but
when the change was determined, the farmers were of the
opinion that the bottom had dropped out of the universe.
Paralysis would surely supervene upon heart failure. They
began to sell. To this and the new adaptation of steam as a
motive power to fabric machinery are ascribable the industrial
start of the old town. The others followed Mr. Darlington's
lead, with the exception of Hannum, Broomall, McCay and
Carter. Hannum and Broomall each had a farm which was

quite as important to them as the law. And Broomall had
ju.<^t previously purchased the Kerlin tract of fifty acres on the
west side of Chester creek, a speculation doomed in the mind
of wise prophecy to certain disaster, and he had tO' stay to
mourn the dire consequences of his rashness, or else to rejoice
in the benign smiles of the fitful goddess. Happily for him
it proved to be the latter. McCay and Carter stayed because
ihe fathers of each of them had a farm at Cartertown, on the
edge of Chester, where they made their homes.
The New Court House.
In the summer of 185 1 the courts were moved into the
new temple of justice. It had a steeple and a clock, but other
wise devoid of ornament. It was built of brick and plastered
and seamed in imitation of cut stone. There was no porch in
front. Stone steps led from the front walk immediately to the
front door and corridor. At once upon entering, steps to
the right and left led to the second floor. Three offices were
on the right, and three and a corridor leading to the side door
were upon the left. At the far rear upon the right a narrow
flight of steps afforded an approach for the Judge and lawyers
to the second floor. The first office room on the right was
empty and used as a storeroom. The second was the office of
the Prothonotary, Clerk of the Orphans' Court and Quarter
Sessions, Recorder of Deeds and Register of Wills, for all of
those offices were filled by the one incumbent. The third office
was empty, and after some years became the office of John
M. Broomall. The first room on the left was the Sheriff's
office, the second was the office of Joseph R. Morris, and the
third was the office of Edward Darlington. The second floor
was arranged as follows : At the front was the landing from
the two side flights of steps. This landing place had a low
ceiling and was under the gallery. The landing place with the
gallery overhead occupied about twenty feet from the front
wall toward the rear. Then came the court room, which ex
tended to about twenty feet short of the rear wall. This
twenty feet back of the court room had an aisle in the middle

running north and south. On the west of this aisle was the
Judge's room, with low ceiling, and on the east was the Grand
Jury room, also with low ceiling, and over the Judge's room
and Grand Jury room were two petit jury rooms. The Grand
Jury room was used by the lawyers as a retiring room when
not occupied by the Grand Jury. The side windows were con
tinuous from bottom to top, and afforded light to the Grand
Jury room and the petit jury room above as well. This left
an open space between the window sash and the ceiling. It
was not an infrequent practice for the lawyers who had tried
a case, after the jury had retired to their room, to go into the
Grand Jury room, and listen to the discussions of the jury,
all of which could be readily heard. It is needless to say that
they became very much enlightened as to the moving forces
which impel a jury to their conclusion, and learned to see and
guage themselves as juries saw and gauged them. In front of
the Judge as he sat on the bench, and against the pedestal of
the gallery was a large clock, as much as three feet in diameter,
the hands of which were moved by the works of the clock in
the steeple. The First Court at Media.
In August, 1851, court was opened by Judge Chapman
in the new building. He also presided at the session of No
vember, 185 1. The February session, 1852, was opened with
Judge Townsend Haines as the Law Judge, and Judge Dr.
George Smith and Judge James J. Andrews as the lay Asso
ciate Judges. This trio presented an imposing appearance,
white haired and venerable. Judge Haines would come down
from West Chester at the beginning of the term and stay un
til its conclusion, putting up at the Charter House, as would
also for the most part William Darlington and Joseph J. Lewis,
who were engaged in most of the litigation. John M. Broomall
would come up from Chester, and also put up at the Charter
House. The evenings and far on into the night would be spent
in playing chess. Haines would engage in a game, if the
pending case were not at that stage as to enable him tO' occupy

8
the evening in writing out his charge. Darlington would, how
ever, go home if he could, as a matter of economy. If he could
not, he would go to bed early as was his usual wont. Lewis
and Broomall would surely have a tilt at chess. To us neo
phytes, the appearance of Haines, the two Darlingtons and
Lewis, typified the Nestors of the profession, and inspired us
with awe and reverence. Their oracular utterances inflamed
our admiration. The Delphian oracle or the Sybylline Brooks
were not in it.
The trial of a case measured its slow length along. The
evidence would all be written by the Judge and the lawyers,
often with a quill, and frequently with a sand box for a blotter.
Judge Haines was a paragon of caution and care. Interlocu
tory points in the trial would be carefully argued and delib
erately decided. Principles were more invoked. Precedents
were fewer. We were then about the time of i Harris. After
the lawyers' speech very frequently there would be a pause un
til Judge Haines had finished writing his charge. The court
room would be swathed with silence, save only the scratchings
of the Judge's pen, as the words of wisdom in his classic style
were being committed to paper. The audience would patient
ly await the judicial chewing of the cud of reflection, which
was outwardly measured by the progress made in masticating
his cud of tobacco. The method of the latter was sui generis.
A piece of tobacco would be in his mouth but a moment or
two, and then he would wash his mouth out with a glass of
water. This apparently would take place at the completion
of each question, so that the word would go abroad that the
Judge had taken a fresh chew, which meant that the charge
would not be finished until at least that question was disposed
of. Very few of his decisions met with a reversal.
A Sensational Case.
On a summer's day, in 1853, the town of Media and the
court attenders were all agog, awaiting the verdict of a jury.
There was a woman in the case, and beauty had endowed her
lavishly. As the peacock remarked to his caudal appendage —

9
thereby hangs a tale. An Irish doctor, William Young, was a
practicing physician in Philadelphia. He had a specialty by
which a copious current of ducats was diverted to his pockets.
In the heyday of his accumulating affluence, the tender passion
found a lodgment in his breast, and he was captivated by the
grace and beauty of a girl much younger than himself. The
matrimonial yoke joined the pair of discordant age. Next
the goddess of his admiration must be made the queen of some
rustic bower. John W. Ashmead had built a beautiful resi
dence on the land now bounded by Third street, Howell street,
Broomall street and Sixth street, in Chester, and after occupy
ing it for some years he desired to sell it. Dr. Young became
the purchaser. It was a bower of beauty and grandeur. The
house nestled in the surrounding trees and shrubbery and
walks. The doctor's business required him to be for the most
part in Philadelphia. She perforce spent her lonely hours in
the country. Regret for her former social life of the city
crossed her threshold. The Chester of those days held some
gay Lotharios, who essayed the task of banishing her loneli
ness. The jury are still oiit. They have listened for days to
the details of the transition of love's silken cord to the galling
chain of hate. The sympathies of the people were with the
woman. The libellant in the previous year had obtained a
verdict of $12,000 against the co-respondent. In this trial his
cause had been advocated by Joseph R. Morris, the tactful and
skilled genius of the local bar, and by Constant Guillou and
David Paul Brown, of Philadelphia, lawyers of national re
pute. Surely the woman had no chance. Her cause was
championed by Charles D. Manley and John M. Broomall.
who could only call a spade a spade, while their adversaries
were equipped to inform the admiring and gaping jury that a
spade was a horticultural implement, devised in the early ages
to triturate the soil for the promotion of organic growth.
And now the jury comes in to report. The other four
senses of the expectant audience have left their abodes and
stored themselves in the ears, so as to catch the earliest infor
mation of the verdict. The verdict is rendered. The year

10
before a jury said, "Katy did," but this year a jury said, "Katy
didn't." Judge Butler Appears.
As the end of Judge Haines' term approached, he did not
desire a re-election, impelled to that conclusion by advancing
years. His successor became a matter of consideration. A
local strife sprang up in Chester county, where there were
as many candidates as there were lawyers. Each one could
give weighty reasons why he himself should become the Judge.
It was generally conceded that the fortunate man should come
from Chester county. The Whig convention in Delaware
county was booked to take place before that of Chester county.
Hence the choice in Delaware county would practically decide
the man. The bar and local leaders in Delaware county se
lected Judge William Butler, whose nomination in the district
followed. This circumstance led the people of Delaware coun
ty to look upon him with favor as their own making. His
austerity was of their own crowning, and they rather leaned
to the branding iron. Mutual kindness and respect were our
invariable relations with Judge Butler. When the dinner
hour came on, the lawyers, jurors and court attenders would
all repair to the Charter House and become the grateful guests
of Mr. and Mrs. Reece Hawkins. The lawyers would have a
separate table. Judge Butler would take his seat at the end
of the table, flanked on either side by Associate Judges Smith
and Andrews. The good word of cheer and merry jest would
go the rounds. The crown of the king would be laid aside
and the girdle of authority would be unloosed. The German
invocation, "gesegnete mahl zeit," blessings on the meal time,
would be the sentiment with which all were imbued.
The Shadow of War.
The early years of the sixties of course were colored with
the parlous times through which we were passing. Business
was stagnant. The misguided bold of the criminal class were
in the army. Men had no time to litigate quarrels, when the

II
house was afire. The mailed hand of the creditor was gloved
with a stay law. The lawyers on every afternoon would gath
er in the corridor of the Court House and seated on chairs
from the offices, discuss the features of the war. We young
sters would imbibe wisdom, seated at the feet of these Gam
aliels, or repair to a neighboring handball alley, and exercise
our pugnacity in mimic warfare. But a time came on anon
when even the lawyers, seniors and youngsters, were con
strained to doff the toga and don the martial gear. The men
of the town and vicinity organized themselves into a home
guard. They obtained from the government a consignment of
Harper's Ferry muskets. The home guards were gradually
depleted as one after another impelled by patriotic fervor went
to the front, until at last all of them enlisted in August, 1862,
in respvonse to a call to resist the confederate army, which had
fought the Army of the Potomac to a standstill on the Penin
sula, and was now on its way to an invasion of the North.
The command of this battalion was tendered to Norris L.
Yarnall, the then Sheriff of the county, and on an early Au
gust day in 1862, the court room was crowded to witness the
presentation of a sword to Captain Yarnall. He had a son,
a boy of fifteen, who was afflicted with epilepsy which had
impaired his mind. He had seated himself on the balustrade
of the gallery, with his legs dangling over the face of the clock.
As Captain Yarnall was finishing the peroration of his re
sponse, and promising in Spartan style to come back with his
shield or on it, the clock struck the hour, and the boy was
seized with a fit, and toppled to fall upon the audience beneath.
A quick cry from Captain Yarnall, and a lucky catch of the
boy's coat by a bystander, just prevented a tragical episode.
Again, in 1863, the court room witnessed the muster in
response to another call, when the Confederate army had
driven the forces of Hooker back over the Rappahannock, and
was on the way north for a second invasion.
And now the war was over and the lawyers turned their
undivided attention to the prosecution of their profession.

12
How a New Lawyer Was Inducted.
The speaker was the last whose induction into the profes
sion was stimulated in the old style. For time out of mind the
requirements of examining committees were that the candidate
should furnish testimonials of spirit and study, named in the
order of their importance. In order that there should be no
dearth of the first class, a candidate upon the occasion refer
red to had provided himself with a twenty-gallon demijohn
with side handles, charged with the credentials. Edward Darl
ington was the chairman of the Board of Examiners. Prompt
ly at ten o'clock on the appointed day, he presented himself
at Mr. Darlington's office. With the aid of an assistant he
carried his credentials from the Charter House to the Court
House, and entering the office, filed them on the middle of the
office floor quite conspicuously. The examination proceeded.
The information as to what might be in anticipation spread
from the Court House attaches to the town. The hum of
voices outside grew louder as the examination waxed longer.
One o'clock came and went, and it was now nigh to two
o'clock. The voices on the outside became husky. It had be
come a clear case without precedent and mete for rebellion.
George E. Darlington was sent for, and duly commissioned to
boldly enter the office and extract the credentials from the
record. This he proceeded to do, but as he was snigging them
across the floor, he was stopped by the old gentleman, who
probably knew the capacity of the funnel outside. "What are
you going to do with that, George," says the old gentleman.
"The boys outside are getting dry," said George. "Wait a
bit," says the old gentleman, as he ransacked the bottom of his
bookcase, and brought out a quart bottle. This being filled
George was allowed to proceed with the transportation. The
examination continued, and the noise and fun on the outside
grew fast and furious. The gathering proceeded to get drunk
according to the manual of arms. John M. Broomall's office
was an improvised armory, he being then in Congress. The
old Harper's Ferry muskets were kept there. The assembled
crowd were lined up and invested with arms. They were put

13
through the drill, and every time they reached "present arms"
they proceeded to swallow my credentials. This lasted well
into the night before they were all consumed and taps sounded.
So here passed away nigh a half a century ago one of the
old-time ceremonies, since better honored in the breach than in
the observance. A Legal Tender.
On an occasion in the sixties a man came to Media to
make tender of a horse to meet the exigencies of a feature of
a pending litigation. The tender was to be made to a lawyer
whose office was in the Court House. Having hitched the
horse in the street, the man went into the lawyer's office and
invited him to come out and receive the tender. The lawyer
neither acquiesced nor refused, but did not budge. The man,
not to be outdone, and having a strain of rough humor in his
composition, went out and led the horse up the front steps into
the corridor, and along the corridor, and into the lawyer's
office. With an air of triumph he said, "There, dang you,
there's your horse." Calm and unruffled in its blandness was
the lawyer's face, which the man vainly endeavored to study.
The horse curiously eyed his strange surroundings. The ten
sion of suspense increased to the breaking point, when the man
said, "Aren't you going to take him ?" Still unperturbed as the
face of a summer's mill-pond was that of the lawyer, whose
nonchalant stare seemed to indicate that he was contemplating
the primordial fitness of things in the interminable depths of
space. "Will you refuse him, then?" asked the man. S^till
the silence was unbroken. "Then I shall leave him here," said
the man as he turned and went away. But, concluding after a
while that his smartness was of a questionable degree he re
turned and led the horse away. The man left the Parthian
shot, "You're the dangest man I ever saw," and the horse left
his laugh behind him. And thus does history record the only
tender in specie which was ever made in the Media Court
House. It will not be found among the legal records, be
cause the tender was not paid into court.

14
Missed His Cue.
It happened once that a lawyer was defending a case
brought by a termagant woman. His bent in the trial of the
case was to develop the churlish temper of his adversary, as
his key-note to the cadence of his cause. He had resolved to
make a grand climax of it in the peroration of his speech to
the jury. He had searched literature for a fitting analogue,
and had selected the character of Mrs. Joe. Gurgery in Dickens'
"Great Expectations." He had provided himself with a copy
of the author's work, which lay open at the proper place, face
downward on his table. It was to serve as a prompter. When
he came to the place in his speech where he was to turn on the
fireworks, it was thus, "Gentlemen of the jury, when I con
template this merciless virago who is pursuing my poor but
respectable client with a relentless tread, and fruituessly en
deavoring to enlist you in her most unrighteous cause, I am
forcibly reminded of that fervid portraiture which came from
the facile pen of that genius of English literature, Charles
Dickens, when he described the character of Mrs. Joe Gur
gery. You will remember how that inimitable novelist tells of
the occasion when Mrs. Joe would essay the task of cleaning
up the kitchen and putting things to rights, and doing it withal
with such a loud din and commotion as to drive her pseudo
lord and master, Joe, to one comer of the fireplace, and the
little foundling Pip to the other. As great Jove himself could
at times unbend his sway, without derogating from his regal
authority, so having driven Joe and Pip to their respective cor
ners, she would provide each of them with a piece of bread
and molasses, which they would proceed to devour with fear
and trembling. While thus engaged, Joe would compare his
piece of bread and molasses with that of Pip and interchange
a pantomimic telegraph as to the progress of consumption,
and would whisper across the fire, behind his hand, his estima
tion of his adorable spouse, by saying, 'Ain't she a  ?' "
He had forgotten the word. Was there ever such a lapse at
such an inopportune time? The silence was oppressive. The
audience conceived exaggerated notions of the terrible ana-

15
thema which Joe had voiced against the Xantippe of his alli
ance. The advocate thinking that surely the word would occur
to him on a second effort at his ne plus ultra, repeated his
peroration, when he stuck again at that awful word. The jury
began to entertain forebodings of the jostling which would
afflict the universe from its utterance. With an impetuous
rush to his table, and grasping the book and conning the lines,
he said "Ain't she a buster?" Never before was such a sud
den transition from an anticipated sesquipedal word of diffi
cult recalling to plain little two syllabled slang word "buster."
In the trial of another case, which was in the Quarter
Sessions, a man was charged with a heinous ofifence. His law
yer in good professional style had become thoroughly convinced
of the innocence of his client. Upon the trial the proofs of the
guilt of the accused were direct and positive. Although the
defendant had provided himself with those usual and convinc
ing proofs, called good reputation, yet he hadn't a leg to stand
upon. He was impressed with a sense of the jeopardy in
which his client was placed. He was not very well equipped
to adjust himself to new conditions. With matters in this
shape, he arose to address the jury and proceeded: "Gentle
men of the jury, there is a wise provision of the criminal law
by which a person charged with crime is entitled to the benefit
of any doubt." Then there was a pause of sufficient length
to attract the attention of the audience. Judge Butler said,
"Well, proceed Mr. A." The lawyer started again: "You
know, gentlemen of the jury, that there is a humane provision
in the criminal code by which any doubt is to be resolved in
favor of the prisoner." Again a pause something longer than
before. Beads of perspiration began to exhibit themselves on
the forehaed of the advocate. The audience took a deeper
interest in the situation. The silence was so pronounced that
it could be hea,rd. Again Judge Butler said, "Well, Mr. A., go
on." Spurred to a resumption the counsel said: "Whatever
doubt of guilt exists, gentlemen of the jury, must be accorded
to one who is charged with the commission of a crime," and
again he stopped and mopped the perspiration from his face.

i6
After a still longer pause the Judge said : "Well, Mr. A., are
you through ?" The lawyer took his seat, and the speech was
concluded. The observant spectator of proceedings in the
Quarter Sessions has no doubt taken note that the benefit of
the doubt has been made to do much service, but never before
or since has it been the entire theme of the discourse.
A Judicial Inter-Regnum.
Judge Butler was re-elected in 1871 for another term of
ten years, without opposition or question. He was then in the
prime of his life, being about fifty years of age.
A constitutional convention was convened in 1873, under
an Act of Assembly. Hence it was convened by the legisla
ture. Chief Justice Mitchell once said from the bench, in a
case before the Supreme Court involving the constitutionality
of an Act, under the provisions of the Constitution of 1874,
that the constitutional convention of 1873 was a rump con
vention. He said that the convention of 1838 having ad
journed without making any provision for a succeeding one,
all power of making constitutional enactments was relegated
to the people, except amendments adopted in accordance with
its provisions ; that the legislature was elected for legislative
matters, and therefore had no power to constitute a convention
to interfere with the constitution. However, said he, when
the people ratified the constitution framed by the convention,
it then became the work of the people and obligatory. The
same comment might be made of the constitution of 1838, for
the previous convention of 1790 had likewise made no provi
sion for its successor.
The constitution of 1874 in judically districting the State
provided that when a county contained a population of 40,000
it should be a separte judicial district. It was known that
Delaware county had a population somewhat in excess of
40,000, hence when the constitution of 1874 was adopted. Judge
Butler concluded he was no longer Judge of Delaware county,
and vacated the bench. The Supreme Court has since decided
that there can be no judicial cognizance of a population, and

17
that the only authoritative evidence of it is a governmental
census. This did not take place until 1880. Hence from 1874
to 1884 we had judges de facto, but the only judge de jure
from 1874 to 1881 was Judge Butler, and from 1881 to 1884
we had no judge de jure at all.
Judge Clayton's long service of over a quarter of a cen
tury deserves more than a passing mention. He brought to
the discharge of the duties of his office a muscular vigor and
a mental virility characteristic of the product of the bracing
air of the Bethel hills. One of the Judges of the Supreme
Bench once said of him that he had developed quite a sterling
judicial frame of mind from a prior life of forensic activity
at the Philadelphia Bar, which was not very well adapted to
produce so good a result. He had an a priori mind, quick to
grasp conclusions, and fertile and resourceful in summoning
reason. He was essentially fortiter in re rather than suaviter
in modo. He was very fond of the humors which crop out
from the growth of current court affairs. On one occasion
a member of the bar desired to have the trial of a case con
tinued to a later term by reason of his, the lawyer's marriage.
With assumed austerity the Judge said he would grant the re
quest this time, but not to let it happen again. His good nat-
ured indulgence in humorous thrusts at the members of the
bar at length grew to such a volume that they resolved to get
even with him and watched their opportunity. At length it
came. He was very fond of displaying a smattering of Latin
which he had picked up, currente pede, and passing it off as
evidence of classic lore. A case came on for argument before
him, wherein one of the counsel passed the word around the
bar that he was going to capture the Judge and overwhelm his
adversary with a Latin quotation. The counsel referred to not
only knew no Latin, but was disposed to poke fun at the use
of it by others ; and generally his innate honesty of character
was averse to all pretension. The bar anticipated the humor
of a Latin bout between the counsel and the Judge. One knew
no Latin and the other worse than none. The contention was

i8
about a delegated agency. Counsel said this : "There is one
feature of my case, which is not susceptible of successful op
position, and the judgment must go in my favor by reason of
the principle of law, which is of such an ancient and universal
application that it is recorded in the trenchant Latin as an ax
iom of the Roman civil law, and I have the extreme good for
tune of addressing it to one, the present incumbent of the
bench, who by reason of his classic education and cultured
study, is so able to appreciate a principle of the civil law when
expressed in its original tongue. It is 'delegata potestas non
delegata est'." The Judge put on an air of extreme wisdom
and swelled with importance as he nodded his head in affirma
tion of the cogency of the quotation, and swallowed the hook
as well as the bait. He was afraid to say anything for fear
of exposing the fact that he hadn't the most remote idea what
it meant. The bar reserved its laughter until after court, and
the Judge was never the wiser.
Artemus Ward used to have a panoramic lecture on the
Mormons. His last picture was a public square in Salt Lake
City showing the statue of a lion rampant with erect tail.
When he came to this picture and the conclusion of his lec
ture, he would point with his wand saying : "Ladies and gen
tlemen, you will observe this lion, and you will observe he has
a tail, and that his tail has an end." He would then turn and
as he rushed behind the curtains, the audience would just hear
him saying, "and so has mine."

19

THE BENCH AND BAR OF DELAWARE COUNTY
BY
HENRY GRAHAM ASHMEAD

The first court held in Pennsylvania sat at Tinicum Island.
It was a semi-military tribunal, over which Governor Printz
presided. The case was that of Swan Wass, a gunner, who,
on November 25, 1645, while drunk, in the night set fire to
Fort Gottenburg, which with its entire contents was destroyed.
The prisoner was found guilty and was sent back to Sweden in
irons, "that the sentence might be executed." The celebrated
case of the Long Fin, charged with inciting a rebellion in the
colony ,was tried at New Castle, December 6, 1669, and not
withstanding the incidents in the case had much to do with the
history of this section, since the trial did not actually take place
within our present boundaries, it does not come within the
scope of this article ; and the same is true of the trial of James
Sandelands, indicted for murder in having ejected an intoxi
cated Indian from the Double House, Chester, where he then
kept a tavern, and where the first Assembly of the Province
later convened, with so much force that the savage died five
days later from the effects of his injuries. That trial, over
which Sir Edmund Andross, the Governor, presided, was held
at New Castle, at a special session, May 28, 1675. The jury
acquitted the accused, but he was required to^ pay three hun
dred guilders and "was put off being captain" of the militia.
A Cause Celebre.
It was in the old court house on Edgmont avenue, in the
heart of old Chester, recently torn down to make place for
business buildings, that on April 17, 1718, was tried the most

20
noted case, so far as the results associated with it are con
cemed in all the judicial annals of Pennsylvania. Willian
Bradford, who had been Attorney General and a justice o
the Supreme Court of Pennsylvania, and who died while At
torney General of the United States, in his essay on the crim
inal laws of this Commonwealth, declares that the privileg(
conferred on Friends by the Act of May 31, 1718, to mak(
affirmation instead of being required to make corporal oatl
when testifying in court or executing papers or the like, wai
the inducement which led the Assembly to accept the san
guinary penal system of England, and do away with the mile
criminal code proclaimed by Penn in his great laws, and sub
sequent enactments by the Assembly.
Mr. Bradford makes the assertion, but does not relate th<
circumstances leading up to the Act of 1718', which were these
Hugh Pugh, a millwright, and Lazarus Thomas, laborer, "foi
several years appeared at the head of a lawless gang of loose
followers, common disturbers of the public peace," and sc
terrorized the residents of the old county of Chester that th(
officers were afraid to take them into custody. In 171 5 the}
murdered Jonathan Hayes, a resident of Marple, and one ol
the justices of the county courts. They were arrested, but
for some reason not now apparent they were admitted to bail
It was not until April 17, 1718, that they were brought tc
trial at Chester before Chief Justice David Lloyd, his asso
ciates and Deputy Governor Sir William Keith, who was pres
ent occupying a seat on the bench. The jury convicted the
prisoners. They were sentenced to be hanged on Friday, the
9th of May following. The day previous to that fixed for the
execution the condemned men applied to the Governor for a
reprieve until the pleasure of the King could be known, they
having appealed to the crown alleging that grave legal errors
had occurred in the trial of the case; that seventeen of the
grand jury and eight of the petty jury had been affirmed, con
trary to the statutes made in the first year of his Majesty's
reign (1714) ; that the judges, jurors and witnesses were
qualified under an act made in the first year of his reign, but
subsequent to the date when the alleged murder was said to

21

have been committed, and after the act of Quenn Anne, per
mitting affirmations in certain cases had been repealed; and
thirdly bceause the act of the Colonial Assembly, under which
the qualifications at the trial had been made "was repugnant
and contrary to the Statutes of and Rights of your Majesty's
Kingdom.' The petition for a reprieve was refused by the
Governor and Counsel and the sheriff instructed to proceed
with the execution, which it is presumed was done. Soon the
seriousness of the case, inasmuch as it was well known that
George I was a strong advocate for the extreme penalty even
in trival offences, aroused public apprehension in the province
as to what steps the brutal king might take when the petition
reached his minister, and he learned that notwithstanding the
appeal to the Governor execution had proceeded, without wait
ing until his Majesty had acted in the matter. Doubtless it
was fear of the King's displeasure which led the Assembly
on May 31, 1718, to enact a law accepting the EngHsh Criminal
code, although, as a rider, was attached a clause giving the
right of affirmation in place of the "corporal oath" required
in Great Britain. The King approved the Colonial Act early
in the following year, and thereafter an affirmation had legal
sanction in Pennsylvania. Old Time- Executions.
In 1722, William Batton, a redemptioner and a lad of but
seventeen years, was convicted of burning the house of John
Pyle, of Bethel, in which he had deliberately confined the
three children of his master, the eldest of whom was but eight,
and the youngest two years of age. Batton was executed in
Chester, August 15, 1722, and his body was ordered to be
"Hung in Chains/' the first case in which such a sentence ap
pears in the judicial history of this State. On September 26,
1778, James Fitzpatrick, the loyalist and outlaw, who finds
place in the pages of Bayard Taylor's romance, "The Story
of Kennett" and Dr. Mitchell's "Hugh Wynne," was executed
at the intersection of Edgmont and Providence avenues, Ches
ter, and on January 3, 1786, Elizabeth Wilson, whose sad story

22
is one of the most noted in all our Colonial period, was exe
cuted at the same place, which, because of these occurrences,
was popularly known as Gallows Hill.
While much of the foregoing matter is not strictly ger
mane to the theme of this article, these incidents have been re
called to the profession to emphasize what important events
have occurred in this section in the olden times, that have
served to attract attention to the legal happenings of old Ches
ter, and have earned for this bench and bar, with that of Ches
ter county, .a prominent place in the judicial history of the
Commonwealth.
The Removal of the Courts.
After the revolutionary struggle had drifted to the South,
and the end of the war was no longer in doubt, the people in
the remote parts of the old county of Chester renewed the agita
tion for the removal of the county seat to a more central loca
tion, a question which had lain dormant for fifteen years, be
cause more weighty subjects had commanded the public mind
in the interval. The removalists secured the enactment of a
law in 1780 providing for the erection of county buildings at
a more convenient location, but it proceeded nO' farther until
in 1784 another act was approved appointing commissioners to
carry the former law into effect. The building of a court
house at what is now known as West Chester, was begun.
The residents in the neighborhood succeeded in 1785 in having
an act approved suspending the act of 1784, but the Assembly
annoyed by these constant bickerings enacted a law in 1786
instructing the commossion to proceed with the buildings and
refused to consider any frtiitless enactments therewith.
So rapidly was the work pushed that on the 25th of Sep
tember of that year Sheriff Gibbon was directed to remove the
prisoners from the old jail at Chester to the new one at West
Chester. On March 18, 1788, the county buildings at Chester
were sold at public auction to William Kerlin for six hundred
and fifteen pounds. Then residents in the Eastern section of
the county succeeded in having an act approved September 26,

23
1789, erecting the present County of Delaware out of the old
Chester county, and as the county buildings were at once pur
chased, an organization was promptly effected.
The Beginning of Delaware County.
The creation of a distinct bar for the newly erected county
was associated with circumstances of more than ordinary in
terest. The Act of September 26, 1789, gave birth to the
municipal district, and when scarcely more than six weeks had
elapsed the first court convened in the present city hall, in
Chester. It was then discovered that the commission of Henry
Hale Graham, as President Judge of the Courts of Common
Pleas, Quarter Sessions and Orphans' Court, was defective, in
that when he was commissioned he was not serving as a justice
of the peace which was essential by the Acts of Assembly
passed under the radically defective constitution framed by
Franklin, in 1776, regulating the courts in the several counties.
As Graham under his then commission could not serve, Wil
liam Richardson Atlee, the holder of the oldest commission of
the justices constituting the bench, sat as the presiding justice.
There was no bar, but William Tilghman, afterwards the great
Chief Justice of Pennsylvania, arose and addressed the bench,
setting forth the peculiar circumstances existing and concluded
by moving his own admission. The court seeing no better
way out of the difficulty accepted that solution of the problem,
and William Tilghman was sworn, thus becoming the first law
yer admitted to the Bar of Delaware county. Then he moved
the admission of William Lawrence Blair, who had been in ac
tive practice in Philadelphia for over sixteen years. He then
asked the admission of Joseph Thomas, at that time in the
front rank of the bar at Philadelphia. He was followed by
John Ross, afterwards representative in Congress, and later
one of the Pennsylvania Supreme Court Justices. William
Graham followed, the only Delaware county man admitted that
day, who up to 1820, when he died, was recognized as one of
the well read lawyers of the State, and as advisory counsel,
for he lost his voice in 1794, and was unable to take part in the

24
oral trial of a case — ranked among the leaders of the bar of
the Commonwealth. Benjamin Morgan was the sixth, An
thony Morris, who served as speaker of the Senate when Lafa
yette was received by both houses at Assembly in 1825, in In
dependence Hall, and who lived until the eve of the Civil War,
dying in 1S60, at the age of ninety- four, was the seventh. The
eighth and last was John Todd, who died when thirty, and
whose widow married a second time to be known in history as
"Dolly" Madison, her second husband being the fourth person
to fill the Presidency of the United States. No bar in all the
country had its birth with more illustrious sponsors.
The First Judge.
Governor Mifflin, learning of the error which invalidated
Henry Hale Graham's commission as President Justice, re
voked the commission the same day in which the first court in
Delaware county held its session, and immediately appointed
Grahm a justice of the peace, and the next day, the loth, he
re-appointed Graham President Judge of the Courts of Dela
ware county. The session of the court had ended before the
new commission reached Chester, and Judge Graham had been
elected a delegate to the Constitutional Convention of 1790,
and while attending its sessions, he died in Philadelphia Jan
uary 23 of that year. He had no opportunity to actually take
his place on the bench, and his judicial authority was never
exercised, excepting in a few instances when matters came be
fore him in chambers. Judge Graham was the only resident
of Delaware county who was commissioned to preside over
its courts until an interval of eighty-five years had elapsed.
The apportionment of the judicial districts under the constitu
tion of 1790, placed her in the first district, comprising the
counties of Philadelphia, Bucks, Montgomery and Delaware,
so that our courts were presided over by the Presiding Judge
of Philadelphia, James Biddle, who was succeeded July 19,
1797, by John S. Coxe, who, April 6, of that year, had been
appointed one of the Judges of the High Court of Errors and
Appeals, but had resigned the former office to accept the Pre-

25
siding Judgeship of Philadelphia, and with it the presidency of
all the courts in the first judicial district. On July 31, 1805,
William Tilghman, then President Judge, was appointed to the
first judicial district, so that fifteen years later the first lawyer
to be admitted to the Bar of Delaware county became President
Judge of the Courts of that county. Under the Apportion
ment Act of February 24, 1806, Chester, Delaware, Mont
gomery and Bucks counties became the seventh judicial dis
trict, and in April of that year Bird Wilson was appointed
Piesident Judge of the district while William Tilghman be
came Chief Justice of Pennsylvania. The new judge was the
son of James Wilson, the signer of the Declaration of Inde
pendence, and for eleven years he presided over the courts of
Delaware county, acting in that capcity for the last time at the
October sessions of 1817, when he resigned to become a clergy
man of the Episcopal Church. While still on the bench he
had studied theology under Bishop William White, whose bi
ography he wrote. He also edited, before abandoning the
profession. Bacon's "Abridgment of the Law," first pubHshed
in seven volumes, which Judge Bouvier several years later en
larged to ten volumes. On January 28, 1818, Governor Fin-
lay appointed John Ross, of Easton, President Judge of the
Seventh District. He had served in the Eleventh, Fourteenth
and Fifteenth Congresses, and had resigned that place that he
might accept the seat on the bench. He presided for the first
time in our courts on April 13, 1818, and at that session tried
the first case of homicide, that of John H. Craig, in which a
conviction was secured for murder, since the erection of the
county, a period of twenty-nine years.
United With Chester County.
By the Act of May 12, 1821, Chester and Delaware coun
ties became the Fifteenth Judicial District, leaving Judge Ross
to preside over the Seventh, then composed of Bucks and
Montgomery counties, until in April, 1830, he was appointed
an Associate Justice of the Supreme Court of the State. On
May 22, 1830, Governor Heister appointed Isaac Darlington,

26
of West Chester, to the President Judgeship of the new dis
trict, and be took his seat for the first time in the old court
house in Chester, October 23, 1831. Judge Darlington had
served twice as a member of the Legislature, and one term
in Congress, to which he refused renomination. He presided
October 20, 1824, in Chester, when James Wellington and
Washington Labee were tried for the murder of William Bon-
sall, of Upper Darby. Wellington was convicted in the first
and Labee in the second degree. Wellington was executed
and Labee sentenced to eight years imprisonmnt, but after
serving five years he was pardoned because a convict had died
in Sing Sing prison, leaving a sworn confession that he and
three other men were the actual murderers of Bonsall. At
the suggestion of the bars of Delaware and Chester counties,
in December, 1838, Judge Darlington resigned, before the
constitution of 1838 went into effect, and he was re-appointed
by Governor Ritner for a term of ten years. Governor Por
ter, who was inaugurated in Janury, 1S39, and to defeat what
he regarded as a trick to deprive him of making the appoint
ment, instructed Attorney General Douglass to sue out a Quo
Warranto to test the validity of Darlington's commission. The
case was to come before the Supreme Court on Monday, April
29, 1839, t>ut the Saturday previous Judge Darlington had died.
When his death was suggested to the Supreme Court, Chief
Justice Gibson dismissed the proceedings, at the same time
paying a high tribute to the character and learning of the dead
justice. Governor Porter, May 16, 1839, appointed Thomas S.
Bell, of Chester county, to the vacant judgeship. Bell had
been a member of the Constitutional Convention of 1837, '"^d
in 1838 was returned as State Senator from the district, but
in the "Buckshot War" session, in the following January, his
seat was awarded to his competitor. An able jurist, he was
much esteemed in Delaware county, although he invoked much
adverse criticism here at one time, by imposing on a child of
only ten years, who had stolen a trifling sum of money, a
protracted term of imprisonment. In December, 1846, Gov
ernor Shunk appointed him one of the Puisne Judges of the

27
Supreme Court. At the same time the Governor appointed
John M. Foster, of Harrisburg, to the vacant bench, but his
confirmation was opposed in this district successfully, and in
February, James Nill, of Chambersburg, was named, but his
appointment was opposed also, and failed of confirmation by a
tie vote of the Senate. As there was no President Judge at
the March term, 1848, Associate judges Engle and Leiper held
court, the charge to the Grand Jury being delivered by Justice
Leiper. Finally the difficulty was adjusted by the bar of the
two counties uniting in a petition for the appointment of Henry
Chapman, of Doylestown, which was done. Judge Chapman
presided at the last court held May 26, 1851, in the court
house in Chester, and he presided at the first court held in
Media, November 24, 185 1. Just before the adjournment
Hon. Edward Darlington presented the resolutions passed by
the bar of Delaware county, appropriate to the retirement of
the judges, for their terms would expire by the provisions of
the Act which went into effect in 1852, which made the judi
cial office elective. Although the unanimous bar in both coun
ties had petitioned Judge Chapman to accept an unopposed
nomination he had refused, and at the preceding October elec
tion Townsend Haines, of West Chester, had been elected.
The Judge elect had been a member of the Assembly, and
when Wm. F. Johnson, Speaker of the Senate, became Gover
nor by the resignation and death of Governor Shunk, Haines
had been appointed Secretary of the Commonwealth, and
served as such until February, 1850, when he was appointed
by President Taylor Treasurer of the United States, which he
resigned when elected Judge of this district.
A Great Judge.
At the October election of 1861 William Butler, of West
Chester, was elected President Judge of the Judicial District.
He had been in successful practice in Chester county for six
teen years, and in 1856 had been elected District Attorney of
that county. He served as such up to the fall of 1859. He
was commissioned Judge November 30, 1861, and presided in

Delaware county for the first time at the February Courts of
1862. As a nisi prius judge he quickly became distinguished
for the rapidity with which he grasped points at issue in a
trial, and was soon accorded high rank among the judiciary of
the State. He presided at the noted Udderzook trial, one of
the first in this country where a man had been murdered to
secure large insurance on the life of the victim. Judge Butler's
charge in that case is a model of comprehensiveness and clear
ness. Pie was re-elected to the bench in 1S71, but from 1874
presided over the courts of Chester county only. On Febru
ary 12, 1879, he was appointed by President Hayes, Judge of
the United States District Court for the Eastern District of
Pennsylvania, a position which had become vacant by the
death of John Cadwallader. When he had presided in that
court a quarter of a century, in 1904, he resigned, he having
then reached the age of eighty-two. Judge Butler died in
West Chester in 1908.
iHis son, William Butler, Jr., is now a Judge in Chester
county. Congressman Thomas S. Butler is a nephew, and
George T. Butler, another son, is a member of the bar.
A Separate District.
The Constitution of 1874 erected Delaware county as the
Thirty-second Judicial District. The vacancy which that
change made on the bench was filled in April, 1874, when Gov
ernor Hartranft appointed John M. Broomall President Judge.
Since the appointment of Judge Graham, in 1789, to that of
Judge Broomall, eighty-five years had elapsed during which
no resident of Delaware county has presided over its courts.
John M. Broomall was born in Upper Chichester, January 19,
1816. He was a many sided man, well versed in literature,
science, deeply grounded in the fundamentals of the law, and
and advocate of pronounced ability. He was called to the bar
August 24, 1840. Attorney General Cooper, in 1848, appoint
ed him deputy for this county, and he prosecuted for the Com
monwealth at the November sessions, tliat year, but resigned
immediately thereafter. He was a Representative to the Leg-

29
islature in 185 1 and 1852, and in 1854 was a member of the
State Revenue Board. He was a Lincoln elector in i860, and
when Lee invaded Maryland in 1862, he was captain of Com
pany C, Sixteenth Regiment, called to the field as State Militia.
That fall he was elected Representative to the Thirty-eighth
Congress, defeating Gen. George MoCall, by a signal majority.
While a member of that body, in 1863, he served in the Gettys
burg campaign as captain of Company C, Twenty-ninth Regi
ment, Emergency Men. Mr. Broomall was elected to the
Thirty-ninth and Fortieth Congress. He was an elector in
1872 on the Grant ticket, and in 1S73 was a delegate to the
Constitutional Convention of Pennsylvania. Judge Broomall
was nominated in 1874 for the full term of ten years on the
bench, but was defeated at the election that fall by Thomas J.
Clayton, an independent Republican candidate endorsed by the
Democrats. The judicial campaign that fall was the bitterest
in all the political history of a county noted for its "red hot"
political battles. Judge Broomall died June 3, 1894.
Judge Clayton's Term.
Thomas J. Clayton, the first elected President Judge of the
Delaware county courts, was born in Bethel, June 20, 1826
He read law in Wilmington, Delaware, and was admitted tc
the Delaware county bar November 24, 185 1. He located in
Philadelphia, to which bar he was admitted January 7, 1852
For twenty-four years he practiced in that city, and while he
never reached a prominent place among its lawyers, he ac
cumulated a competency. For the most of that time he residec
near Thurlow, now within the City of Chester. He had helc
no office save the empty honor of being a member of the stafl
jf Governor Pollock until he was elevated to the bench. Ar
agreeable conversationalist, a capital story teller, a good readei
of men and an adroit politician. Judge Clayton succeeded ir
building up a strong political organization in the county, b)
which means he was re-elected in 1884 and again in 1894, ir
the last instance he was nearly 70 years of age. Judge Thoma:
J. Clayton died January 30, 1900.

30
The vacancy on the bench of this district was filled Janu
ary, 1900, when Governor Stone appointed Isaac Johnson, of
Media, President Judge. The new justice had been admitted
to the bar without the formality of an examination. Ex-
Judge Broomall in moving his admission, remarked that Mr.
Johnson's qualifications were so well known to the bar and
the public that in his case it ought not to be necessary to send
him before a board of examiners, and Judge Clayton there
upon ordered him to be sworn immediately. Isaac Johnson
was born in Ridley, had served as a captain in the Civil War,
and for twelve years had held the office of prothonotary and
clerk of the courts of Delaware county. He was a well known
public speaker in political campaigns and notably on patriotic
occasions. At the November election of 1900 he was elected
to serve for the full ten years term.
In the meanwhile the growth of the county had been so
rapid that the volume of legal business had increased to such
an extent that public demand for relief resulted in Senator
Sproul securing the passage of the law of February 28, 1907,
granting the district an additional law judge. On March 17,
1907, Governor Stuart appointed William B. Broomall to that
position. The new judge was born in Chester, January 30,
1843, had graduated from Haverford College in 1861, when
he began reading law, but in 1862, when only nineteen, he en
listed in Company D, 124th Regiment, P. V., and was actively
engaged in the Antietam and Chancellorsville campaigns.
When honorably discharged he resumed reading law and was
admitted to the Bar in February, 1864, although the date as
recorded at Media gives his admission as of December 28,
1863, which is erroneous. For a number of years before his
elevation to the bench Judge Broomall was the recognized
leader of the bar of the county, and appeared in almost every
important litigation before the courts in this district. At the
November election of 1907, Judge Broomall was elected for
the full ten year term. He is a son of the late Judge John M.
Broomall. The Delaware county bar of to-day is conceded to be one
of the best in all the State of Pennsylvania.

31
Notable Barristers.
Among the departed saints of the law associated with the
story of the Delaware county bar, in point of seniority as to
admission, was Thomas Brinton Dick, who was admitted Feb
ruary 9, 1790. He was distinguished as one of the ablest ad
vocates at the rural bar of the State. On April 21, 181 1, he
was gunning in a skiff on the Delaware, when he was overtaken
in a blinding snowstorm and was drowned.
Robert Frazer, who resided in Thornbury, was admitted
July 30, 1792. He was the first prominent removalist in the
history of the county, and it was he who prepared the petition
presented to the Legislature in 1820 praying for the removal
of the county seat to a more central location.
William Martin, grandfather of John Hill Martin, the
author of the "History of Chester and its vicinity," although
by birth a Philadelphian, removed to Chester in early life, and
was at once a physician and lawyer, being admitted in April,
1796. He was Chief Burgess in 1789, and made the con-
gratultory address to Washington when he was on his way to
New York in April, to be inaugurated as the first President
of the United States. Martin died September 22, 1798, a
victim of yellow fever.
¦Samuel Edwards, born in Chester township, March 12,
1785, was admitted April 30, 1806. He was a member of the
Assembly in 1814-16, and represented the District in the Six
teenth and Nineteenth Congresses, and he, George G. and
Samuel Leiper, Levi Reynolds and James Buchanan were cred
ited with being the power behind the throne, so far as Eastern
Pennsylvania was concerned during Jackson's and Van Bu-
ren's administrations. He died in Chester, November 25,
1850. John Edwards, Jr., was born at the Black Horse Tavern,
July 15, 1786. He was admitted 0(ctober 19, 1807, and in
181 1 was Deputy Attorney General for the county, and in 1824
was associated with Benjamin Tilghman, of counsel for the
defence in the Wellington trial. He was largely interested in
iron works near Glen Mills. He represented the district in

32
the Twenty-fifth and Twenty-sixth Congresses. He died Oc
tober, 1845.
Thomas Anderson, son of Major Anderson, was admitted
January 23, 1812. He shortly after removed to Tennessee,
of which State he was Attorney General. Later he was coun
sel to Tunis and Tripoli. Becoming nearly blind, he returned
to Chester, and died in the family homestead, at Fifth and
Welsh streets, where is now the Federal Building.
John Kerlin was admitted July 28, 1814, but his promi
nence was more owing to his political activity than the prac
tice of his profession. He was the fourth president of the
Delaware County Bank, and for eight years was the Senator
from this district. He died suddenly May 21, 1847, while wit
nessing a dramatic performance in one of the theatres in Phil
adelphia. Isaac D. Barnand, born in Aston, March 25, 1791, was
admitted January 16, 1816. During the second war with Eng
land he was commissioned captain in the 14th U. S. Infantry,
and for heroism at the Battle of Fort George was promoted
to Major. At the battle of Plattsburg all his superior officers
were killed or wounded, so that the command of the whole
regiment was cast upon him. After the war he located in
West Chester, and was elected State Senator from this district
in 1824, and again in 1826. In that year he was appointed by
Governor Shutze, Secretary of the Commonwealth, and the
same year was elected U. S. Senator, serving in the latter
capacity until 1831, when, broken in health, he resigned. He
died February 18, 1834. Barnard street. West Chester, is
named in his honor.
Archibald T. Dick, son of Thomas B. Dick, was admitted
January 16, 1816. Mr. Dick was an able advocate and a well
read lawyer.
Samuel Baldwin Thomas was admitted June 18, 1844.
He practiced in Philadelphia, but located in Media in 1857.
A very eloquent public speaker, he was conspicuous in the Cur-
tin "Wide Awake Campaign." On January 16, 1861, he was
commissioned Deputy Secretary of the Comonwealth, and in
1863 was placed at the head of the Military Department of

33
the State with the rank of Colonel. At the close of the war
he was appointed Commissioner of the Revenue Board, and
later Commissioner in Bankruptcy.
John R. Morris was admitted August 28, 1848. He rose
rapidly in his profession, and acquired an excellent practice.
While talking to a friend in Media, Sunday, December 4, 1859,
he dropped dead.
WilHam H. Dickinson was admitted November 28, 1868,
and was among the most conspicuous of the junior bar. He
was elected in 1878 the first Recorder of the City of Chester.
For several years before his death, March 24, 1S83, his health
was so broken that he was unable to practice.
Edward Darlington was admitted April 9, 1821. In 1824
he was Deputy Attorney General for the county, and that year
conducted the prosecution against Wellington. He was elected
by the Whigs to the Twenty-third Congress ; by the Anti-Ma
sons to the Twenty-fourth, and again by the Whigs to the
Twenty-fifth. In 1841 he was associated with Townsend
Haines in the defence of Thomas Cropper, convicted of mur
der. In 1 85 1 he was elected District Attorney, serving as
such until 1854. He was the first President of the Delaware
County Bar Association. Mr. Darlington died at Media, No
vember 21, 1884, in his ninetieth year.
Charles D. Manley was called to the bar February 26,
1849. He located in Media, when the county courts were re
moved there, where he practiced until his death, December
19, 1880. In 1865 he was a member of the Legislature from
this district, and while prominent, his Democratic utterances,
uttered in a locality overwhelmingly Republican, prevented his
election to office on a Democratic ticket.
Edward A. Price was called to the bar March 17, 1856,
and the following year he was elected District Attorney, the
youngest man who had served in that office in the history of
the county. In 1864 he was a member of the Legislature, de
clining to be a candidate to succeed himself. He was a mem
ber and Treasurer of the Valley Forge Commission.

34
In Modern Times.
William Ward, a graduate of Girard College, while he was
an apprentice in the office of the Delaware County Republican,
read law with John M. Broomall, and was admitted August 22,
1859. He entered into a partnership with his preceptor, and
when Mr. Broomall removed to Media, the firm was changed
to Ward and Broomall, W. B. Broomall being the junior part
ner. He was president of Councils and Solicitor of the City
of Chester. He was elected Representative in 1878, serving
in the Forty-fifth, Forty-sixth and Forty-seventh Congresses
of the United States. He died February 27, 1895.
Ward R. Bliss was admitted December 3, 1878. He was
the compiler of "A Digest of the Special Laws of Delaware
County," and the founder of these reports, a full sketch of his
life will be found in Volume 9, page 595. His prominence,
however, was chiefly political, being elected in 1886 to the
Legislature, and re-elected in 1888, 90, 92, 94, 96, 98', 1900 and
1902, and died while a member of that body. He was chair
man of the Committee on Appropriations.
John B. Hinkson, admitted August 24, 1863, was in the
front rank of the bar. He was elected Mayor of Chester in
1893. His admission to the Supreme Court of the United
States was made April 28, 1890, on motion of then Solicitor
General Taft, now President of the United States. Mr. Hink
son died May 22, 1901.
The following is a list of the present members of the Dela
ware County Bar: Oliver B. Dickinson, William I. Schaffer,
Josiah Smith, A. A. Cochran, Garnett Pendleton, George B.
Lindsay, A. B. Geary, William B. Harvey, John A. Poulson,
William B. Northam, Frank S. Morris, Joshua C. Taylor,
Joseph R. T. Coates, E. A. Howell, John B. Hannum, Benja
min C. Fox, D. M. Johnson, D. M. Johnson, Jr., C. M. Broom
all, Charles Palmer, William S. Sykes, Albert Dutton Mac-
Dade, J. Rohrman Robinson, Isaac E. Johnson, George B.
Harvey, Joseph H. Hinkson, J. De Haven White, George M.
Booth, H. G. Ashmead, David F. Rose, John C. Hinkson,
Stephen E. Taylor, Samuel Lyons, Hiram Hathaway, Jr.,

35
John E. McDonough, John L. Garrett, Henry W. Jones, Kings-
lley Montgomery, Garrett E. Smedley, Henry M. Fussell, Henry
L. Broomall, William Taylor, W. Cloud Alexander, E. H.
Hall, George E. Darlington, Frank B. Rhodes, W. Roger
Fronefield, Edmund Jones, V. Gilpin Robinson, Charles Cro-
nin, James Watts Mercur, Earnest Leroy Green, Edward W.
Magill, Carlos E. Hough, H. J. Makiver, George T. Butler,
Frank G. Perrin, Albert J. Williams, John M. Ridings, Joseph
T. Bunting, George Wentworth Carr, Isaac Johnson, W. W.
Montgomery, William H. Ridley, A. Lewis Smith, Frank R.
Savidge, Edward P. Bliss, Fred T. Pusey, Morton Z. Paul, I.
Hazleton Mirkil, C. B. Galloway, Robert Oglesby, William
B. McClenachan, Jr., J. DeHaven Ledward, William .B
Broomall, Albert E. HoU, Fred D. Calvert, Edwin S. Dixon,
D. Reese Esrey, Albert N. Garrett, Samuel P. Hanson, Theo.
O. Haycock, Jr., Walter S. Mertz, J. J. Pinkerton, Charles H.
Pennypackcr, John B. Robinson, John B. Hannum, Jr., John
J. Stetser, John M. Broomall, Joseph Hill Brinton, A. Culver
Boyd, George K. Cross, C. Wilfred Conard, James T. Carey,
E. Wallace Chadwick, Charles F. Da Costa, Louis I. Finegan,
John S. Freeman, Theo. J. Grayson, John Caldwell Hinkson,
Edwin Penrose Hannum, Howard E. Hannum, William G.
Knowles, Frances Annie Keay, Henry Ashton Little, William
C. Lees, John McConaghy, Jr., Edward J. Mingey, John Booth
Miller, Frank A. Mooreshead, James B. Robertson, Matthew
Randall, Harry Schalcher, Francis G. Taylor, Elwood J.
Turner, John R. Valentine, C. Percy Wilcox, Eleanor J. Wil
son Geary, Elugene C. Bonniwell.

36

SEMI-CENTENNIALS OF ADMISSION TO THE BAR

ABRAHAM LEWIS SMITH.
On October 15, 1903, the bar of Delaware county extended
to A. Lewis Smith, Esq., a complimentary dinner and recep
tion in commemoration of the fiftieth anniversary of his ad
mission to the bar, and to show their love and respect for him.
The function took place in the Flemish room of the Union
League, Philadelphia, and was attended by Hon. Isaac John
son, President Judge of this district, and thirty-five members
of the bar. Mr. Smith was presented with handsomely
framed, steel engravings of Chief Justices Sharswood and
Black, two of his instructors. Speeches were made by Ed
ward H. Hall, Wm. B. Broomall, Edward A. Price and O. B.
Dickinson. Mr. Smith acknowledged his appreciation of the gifts and
the occasion, and delivered the address set forth below.
Abraham Lewis Smith was born in Upper Darby Town
ship, Delaware county, Penna., November 12, 1831, the son of
Dr. George and Mary (Lewis) Smith. He is descended from
early Pennsylvania Colonists who emigrated from England
and Wales with or shortly after the arrival of William Penn.
He was educated primarily in the public schools, and later
at the boarding school of John Gummere, the Astronomer, in
Burlington, N. J. He took the regular college course at the
University of Pennsylvania getting his Bachelor Degree with
the class of 1850, and his degree of Master of Arts in course.
He read law with Joseph G. Clarkson, Esq., of Philadelphia,
until the latter's decease in 185 1, and then with William B.
Reed, Esq., of the same city. He received his degree of
Bachelor of Laws from University of Pennsylvania in 1S53,

37
and was admitted to the bar in the same year. From 1858 to
1883 he was Secretary of the West Chester and Philadelphia
Railroad Company. He was one of the founders and the first
President of the West End Trust Company, organized in 1 891,
and is still a member of its Board of Directors and Finance
Committee. He resides in Media, Delaware county. He has
presided over the Delaware County Historical Society since
its organization, and is a member of the Historical Society of
Pennsylvania, Sons of the Revolution, Colonial Society of
Pennsylvania, Genealogical Society and the Delaware County
Institute of Science. At University of Pennsylvania he was
a member of the Philomathean Society, and subsequently be
came a member of the Phi Beta Kappa Society. His practice
for more than fifty-eight years has covered" a wide field. No
member of the bar is so well versed in the law relating to real
estate. On April 28th, 1859, he married Rebecca Levis,
daughter of Joseph Wood, and they have four children. One
of whom, Lewis Lawrence Smith, is an honored member of
our bar. There is no member of the bar more respected, nor more
beloved and deservedly so. No one has ever known him to
show the slightest indication of anger, and his presence at a
trial or in a transaction insures confidence. The bar is glad
that he continues in active practice and it is the hope that he
will be with us many years.
Mr. Smith's address was as follows :
A few months ago my esteemed brother, William B.
Broomall, and myself met before Judge Butler to settle a Bill
of Exceptions presented by me^ — the case being one in which
Judge Johnson had been of counsel, and which had been tried
before the late Judge Clayton. Of course, it was somewhat
of a novel proceeding, and the Judge very properly required
that we should agree as to the testimony or produce proof as
to disputed points. From my standpoint there were no dif
ferences worthy of spending time over, but my friend, with
that caution which is so characteristic of him, desired to have
an opportunity to go over the testimony before the Judge, and
the result was that we haled that good-natured jurist down

38
from West Chester twice before we got through with it
Probably my willingness to concede all that my adversar)
asked impressed him with the notion that I was personating
what my classic friend Dickinson would describe as a gifi
bearing Greek. However, we got the matter satisfactoril)
arranged, and my Bill was sealed. Then it was that feeling
a little restless at having spent so much time and stress ovei
unimportant details at my time of life, I said to the Judge
and to Mr. Broomall, that if I should live until October ]
would have rounded out fifty years at the bar, and after that ]
did not expect or intend to get up any more Bills of Excep
tions or prepare the paper books for any more appeals, if ]
could help it. They both acquiesced in the propriety of this
and the matter dropped from my mind.
Now I verily believe that this casual remark was, in £
way, the genesis of the present occasion. I am quite sure Mr
Broomall must have told someone what I had said, for the
statement, much enhanced, came back to me in a few days
from lawyers and laymen alike to the effect that I was abou
to retire from the practice of law, and with many expression;
of surprise that my pilgrimage had covered so long a period —
a surprise scarcely less than that of my friend Broomall wher
in the case to which I have referred the Supreme Court founc
as a fact something that was not in the troublesome Bill ol
Exceptions at all, swept staunch old stare decisis off the
boards without even the consolation to me of calling him "dis
tinguished", and decided the case in favor of my friend's client
The surprise of none of these gentlemen could however be
at all compared with mine when, within the past fortnight, ar
intimation was given me that arrangements had already beer
made, which were past recall, for the manifestation of thi;
evening ; and I was appalled when I realized that my hasty re
mark made when settling that Bill of Exceptions, had some
how been the inception of it all.
I knew that it was the custom of the bar of this State tc
hold memorial meetings upon the passing of its members, anc
that it might be thought by some that after a man has been ai

39
the bar fifty years he has lost what usefulness he ever had,
and ought to be considered dead anyhow; but the pleasant
terms in which your invitation to be with you to-night has been
conveyed to me, gives me the assurance that this occasion is
not of that kind, and that its inspiration was a genuine and
hearty good will — the recollection of which will always cheer
and enliven me in the future, and help to smooth down the
rough places in the path of life.
It has been impossible, since I received the intimation of
your kind intentions, to prepare an adequate or suitable rec
ognition of them.
Of course, in the time which has elapsed since 1850, when
I was registered as a student of law, many changes have taken
place, and many events have happened in connection with the
practice of the profession, the recital of which by "thinking
backward" might have been woven into an interesting story.
The personnel of the bar of those days and the methods of
procedure were so different from those of the present that to
contrast them would alone form an entertaining narrative, but
it is not my purpose to detain you with any such recital. It
was then or shortly after that the old regime of Judges hold
ing their office by appointment passed away and that the elec
tive system came in — ^making no great change, it is true, at
first, or even yet, in the constitution of the Courts, but des
tined in the future in my opinion to undermine the indepen
dence of the judiciary, which independence always has been
and is our greatest bulwark for the protection of liberty,
property and reputation.
I may me unduly pessimistic in this belief, and you will
doubtless point out to me the honored men who now occupy
the bench in our own county, and the adjoining counties of
Chester and Montgomery, and ask in what element of judicial
character they could be excelled, or would be likely to be ex-
cdled, under the appointive system. I will cheerfully and em
phatically answer "none", but the processes which go to make
and unmake empires and republics alike are slow in their
operation, and I will confidently challenge any one of you to

40
read the elexjuent address of Rufus Choate, delivered in 1853,
before a Constitutional Convention of Massafchusetts, and
against a proposed change in the organic law of that State
which would make the judges elective and for limited terms
of years only, without conceding the radical dangers lurking
in the elective system, and without being conscious that some
where within the range of your observation you have perceived
some of the insidious perils which that eminent man foretold.
In an oration delivered just five years ago to-day by Joseph
H. Choate, our present Ambassador to England, a lawyer
scarcely less experienced than his illustrious relative, and one
who had passed all of his professional life under an elective
system, said, referring to that address, that what he called the
"matchless argument" of Rufus Choate on that occasion was
as "potent and unanswerable" in 1898 and "would be for cen
turies to come" as it was nearly a half century before when
it fell from his lips. And so the wise men of Massachusetts
have continued to think to the present day.
When I came to the bar an older generation of lawyers
had just passed from the scene of action — men, however,
whose names will outlive those of many who succeeded them.
John Sergeant had died while I was yet a student. Horace
Binney, and the Ingersolls, Charles J. and Edward, had re
tired from practice, and the leading lawyers of Philadelphia
at that time were such men as William M. Meredith, who was
Secretary of the Treasury under President Fillmore, and later
an Attorney-General of Pennsylvania; Thomas I. Wharton,
whose opinion on a brief of title had a value of not less than
a policy of title insurance has now; John Cadwallader, after
wards judge of the United States District Court, famous also
as a real estate lawyer ; Henry M. Phillips, unexcelled for his
persuasive eloquence before a jury ; Henry J. Williams, an
all-round counsellor and advocate; St. George Tucker Camp
bell, the corporation lawyer, and a score of others scarcely less
prominent, among who were my own perceptor, Joseph G.
Clarkson, who died while I was in his office, and Wm. B.
Reed, the District Attorney of Philadelphia, to whose office I

41
was transferred, and who became later minister to China
under President Buchanan.
My real preceptors, however, were Judge Sharswood,
Peter McCall and E. Spencer Miller, the Professors of the
Law Department of the University of Pennsylvania, to whose
conscientious and systematic teaching I am more indebted than
to all other influences combined.
You are, of course, familiar from tradition, with the
names of those who were at that time prominent at our own
bar, and at the bar of our neighboring county of Chester, the
two counties then forming one judicial district, with one pre
siding judge for both, and two lay judges in each.
The increase in the volume of business of our court since
then has been enormous. In the middle of the last century all
civil suits in Philadelphia involving jury trials, where the
money consideration was above the jurisdiction of an alder
man, were (outside of the Federal Courts) tried in the Dis
trict Court for the City and County of Philadelphia, consist
ing of three judges only, except the few cases which were tried
in a court held by a judge of the Supreme Court, sitting at
Nisi Prius, with a jurisdiction in cases only where the amount
involved was not less than five hundred dollars. The Dis
trict Court also shared the equity jurisdiction with the Com
mon Pleas. All other jurisdiction, including that of the Or
phans' Court and Quarter Sessions, went to the three judges
of the Court of Common Pleas. Now it requires fifteen Com
mon Pleas and four Orphans' Court Judges to dispatch the
same class of business. In our own county the business of
the courts has expanded almost in the same proportion as
anyone may see by comparing old Continuance Docket "E", at
Media, with the Appearance Dockets of to-day. The flood
of reports of the years will also give some indication of this
growth. Fifty years ago about eighty volumes of reports
had been published, covering the entire century preceding, and
including besides the Supreme Court cases, many in the Fed
eral Courts, and including too, in a great number of the cases,
the separate opinions delivered by all the judges. In the half

42
century since, there have been published at least on hundred
and ninety volumes of Supreme Court Reports alone (not in
cluding any which my friend Schaffer may have got out since
this morning), besides an inundation of local reports of many
kinds. What has been going on with us is being duplicated
in other States, and there is therefore httle wonder that the
work of digesting decisions has assumed the proportions of a
separate mercantile business.
The character of the community has changed and we are
now living in an age of commercialism, corporate and other
wise, which is fully reflected in the resulting litigation of our
courts. The time of our judges and juries is now largely
divided between this class of cases and actions for damage to
person or property. With this evolution, I regret to say, has
come in some quarters a temptation to depart from the strict
lines of old time professional etiquette, and by a system of
barter and traffic, to bring disrepute upon the honored profes
sion to which we are proud to belong. Lord Bacon said that
"The greatest trust between man and man is the trust of giv
ing counsel". The confidence of the community whose inter
ests it is the special mission of our calling to care for and
protect is founded upon and is the necessary outcome of the
strict observance of the traditions of the profession — handed
down to us through many generations. I mean not only those
traditions which are embodied in our oath of office, indispen-
sible as they are, but also those which require us constantly to
maintain a high-toned and dignified bearing in our intercourse
with each other and in the conduct of our vocation, out of
court as well as in. The confidence and respect of the com
munity are the breath of our life, and to preserve them as well
as their own self-respect I believe that the bar of Delaware
county will cling closely to the old ideals.
I have no language adequate to express my appreciation
of the honor you have conferred upon me by making me your
guest this evening. In many years of association with my
brethren of the profession, I have endeavored by maintaining
an open, candid and honorable course of dealing, to avoid all

43
causes for asperity, bitterness or enmity, and to see that our
friendly intercourse should not be marred by any acts of mine.
In return I have been treated with the uniform courtesy and
cordiality that has always made it a pleasure to meet and
mingle with my fellow members of the bar. That they have
overlooked anything in which I have failed, and that an>
short-comings of mine have created no resentment, is most
fully and generously attested by your presence here to-night,
I wish I could command words eloquent and thrilling enough
to convey to each one of you an expression of my deep emo
tion in accepting this tribute at your hands. What is in store
for each of us no one can tell, but in the few years which at
the utmost will limit my activities there will not, nor can there
be any event which will yield the satisfaction I shall have in
recalling this exhibition of the good-will of the members of
the Delaware county bar. There are among you those who
are approaching sufficiently near the same landmark of the
profession to which you have te>day given such an agreeable
prominence to warrant me in hoping that I may be spared to
welcome them to the hither side, for I cannot yet describe my
self in the words of Lord Mansfield in his letter to Chief Jus
tice McKean more than a century ago, "I undergo the weight
of age and other bodily infirmities," but I can say in apprecia
tion of the consideration I am receiving at your hands what
he added in that same letter, "My mind is cheerful and still
open to that sensibility which praise from the praise-worthy
never fails to give".

44

GEORGE E. DARLINGTON.

On Saturday, June i6, A. D. 1906, the bar was again hon
ored and distinguished by having among its members one who
practiced law for fifty years, George E. Darlington, and ten
dered to him a picnic and reception at the Club House of the
Rose Tree Hunt, in Upper Providence township, in this county.
At one o'clock the members met in front of the Court House
and boarded large stages. After stopping in front of Mr.
Darlington's residence on Front street, where an accompanying
band serenaded Mrs. Darlington, they were driven to the
grounds. It was a delightful afternoon. The members were
negligee, as a picture of them shows, and enjoyed greatly foot
races, tugs-of-war and other sports during the afternoon, and
an excellent dinner, served in a large tent provided for the oc
casion, in the evening. After the dinner the members ad
journed to the club house, where speeches were made by mem
bers of the bar and a loving cup was presented to the guest.
Mr. Darlington responded, and was visibly affected. He de
livered an adress which is a valuable addition to the history
of the bar and county.
Mr. Darlington was born in the old Borough of Chester,
Pennsylvania, in August, 1832, and like all Chester boys, at
tended the public schools of that city, also the Beck Moravian
Academy, at Lititz, Penna., in 1847, '4^ and '49, and private
schools in Chester, which was a liberal education for boys of
that period ; this first schooling being at the private school of
Miss Eliza Finch, on old Front street ; the public school teach
ers being Caleb Pierce, Jimmy Riddle and several others, some
graduates of Princeton College, and his other private teachers
were Joseph Taylor, in the old Penn Building, and at Samuel
Arthur's Academy, on West Second street; the early training

45
being at a time when teachers did not spare the rod and spoil
the child, and Caleb Pierce was an artistic and vigorous
thrasher, both on hand and body, as were some other of the
public school teachers, but Caleb held the prize. Poor Jimmy
Riddle, while he tried to do likewise, fared badly from the
larger boys, who broke his sticks and handled him roughly,
and even the smaller boys grew bold and fired slates and books
at him. Mr. Pierce was interested in the cultivation of the
Mulberry tree, "Mories Multicaulis", for the feeding of silk
worms, and his school boys picked the leaves for him and in
return received worms for the spinning of cocoons at their
homes. But one of the Chester boys of Mr. Darlington's time
attained to a college education, and that was John E. Shaw,
who had the advantage of being tutored at home by some col
lege bred tutors who boarded with the family, besides being a
bright scholar, and which entered him at Princeton.
Mr. Darlington studied law in the office of his father,
Hon. Edward Darlington, in Media, after the removal of his
residence and office to that borough in 185 1 ; and was ad
mitted to the bar in 1856, the taking up of the study of the
profession having been in his twenty-second year, he, however,
had previous experience in clerking in his father's office. In
his early years at the bar the practice was largely in cases of
Landlord and Tenant, trespass, line fences and water rights,
while the criminal cases were mostly under the old laws of
assault and battery, larceny, burglary and riot, and murder in
its several degrees, and a young lawyer's education was not
considered properly finished until he had served a term as Dis
trict Attorney. After his admission, and in 1857, he spen'
winter in Iowa and Illinois, with his relatives, and employed
part of his time in looking up land titles in Illinois for Phila
delphia clients, and in this he traveled largely over the interior
of the State on horseback and in buggy wagons. During the
Civil War, or War of the Rebellion, in the United States, Mr.
Darlington, like very many others, enlisted Tor the defence of
the State; first with an ununiformed company under Capt.
^A^illiam Thatcher, of Chester, at the time of the Battle of An-
tieitam, and afterwards with the Grey Reserve Regiment,

46
Philadelphia, known in the service as the 32nd Regiment of
Penna. State Trex)ps, in the Gettysburg Battle times. At Har
risburg he met the late Judge William Butler, then Judge of
the Judicial District composed of Chester and Delaware coun
ties, and who was serving as a private in a Chester county
Cavalry Company, of which the Hon. Wayne MacVeagh was
Captain. The Judge said to Mr. Darlington, "I am glad to
see you out in defence of our State. What position have
you?" The reply of Mr. Darlington was, "A high private in
the rear rank." "That is right," returned the judge, "profes
sional gentlemen should not be pushing for positions of com
mand." By the time this state campaign was over, however,
Mr. Darlington had been promoted to corporal, to sergeant,
and when the brigade he was with was attached to Genl.
Meade's Army, at Hagerstown, to First or Orderly Sergeant,
which position he held at the mustering out of the regiment
in Philadelphia. This was an experience for green men, in
camp life, in marching and under fire. The brigade was in
Carlisle when Fitz Hugh Lee shelled that place and witnessed
the burning of the U. S. barracks, but the town was saved
from capture. He was elected to the off.ce of District At
torney in 1889, and served a term of three years, which at that
time was as long as the office was allowed to remain with any
young lawyer, as it was considered to be one to be handed
around, for the experience. He succeeded his father as coun
sel for the County Comissioners, for many years, taking his
father's place in that office in about 1865. He was Insurance
Agent for the old Delaware Mutual Insurance Company from
1858, succeeding Joshua P. Eyre, the elder, and serving until
1900. He was appointed Referee in Bankruptcy for Dela
ware County, by United States District Court Judge, Hon. Wil
liam Butler, under the Act of 1898', and still fills that position.
He has been attorney in Delaware county for the R. G. Dunn
& Co. ColleeJtion Agency from i860; took an active part in the
formation of the Delaware County Bar Association in 1872,
his father, Edward Darlington, being its first President, and
serving to 1879; followed in that off.ce by John B. Hinkson,
Esq., and by John M. Broomall, Esq., up to 1901, when George

47
E. Darlington was elected to the office and is still serving.
While never identified with any political party, as an active
partisan, Mr. Darlington has taken an active hand in several
campaigns and has served as chairman of the old Republican
organization, but has always been independent in his political
views. He was chairman of the Independent Executive Com
mittee in 1873, which conducted the campaign for the election
of Thomas J. Clayton, as President Judge of the several
Courts of Delaware county, against the regular Republican
nominee. Mr. Darlington was a Republican delegate to
the Cincinnati Convention which nominated President Hayes,
and was one of the delegates who stood out against the unit-
rule being held by J. Donald Cameron in the Pennsylvania
delegation, and cast his vote, along with J. Smith Futhey, Esq.,
of Chester county, for James G. Blaine. Mr. Darlington was
also the first secretary of the old Rose Tree Fox Hunting
Club, and served from 1857 to 1873 ; after its reorganization and
chartering in 1881, he served on its Board of Directors, and
as chairman of the board from 1887 to 1902; as Vice Presi
dent, and as President from 1907 until the fall of 1909, when
he declined a re-election to that office and at his own request
was placed on the retired list, from active membership, and
was also elected as honorary president of the club, this office
having been created at the same meeting. For thirty years he
was an active fox huniter and rode with the hounds. His love
for the hunt suggested the Rose Tree Club as the place for
celebrating the fiftieth anniversary of his admission to the bar.
He was elected to the Borough Council of Media, and served
a number of years ; also as president of that body for several
years, during which time many valuable improvements were
made in the paving of the streets of the borough and in build
ing of the present Town Hall structure, as well as in the start
ing of the Fire Department. He has been a member of the
Masonic Order from 1864, when he joined the old Chester
Lodge; he was made a member of the Excelsior Mark Lodge
in 1865, and became a charter member of the L. H. Scott
Lodge, of Chester, in 1865 ; afterwards serving as its Master,
and was admitted to Columbia Royal Arch Chapter in 1872.

48
In 1890 he made his first visit to Europe, and traveled, with
his wife, largely over England, Scotland, France and Switzer
land, spending considerable time in London, Edinburgh, Glas-
coe, Chester, Paris, Geneva and Luserne, and in the rural dis
tricts of each country.
Outdoor exercise has preserved his vigorous constitution
and enabled him to continue in active practice. The bar looks
forward with pleasure to many more years of association with
him. After the presentation, Mr. Darlington, in receiving this
token of good will and kindly feeling of his fellow members,
addressed those present as follows r
Fellow Members of the Bar :
This is an unexpected presentation to me, this beautiful
loving cup, coming from those of an honored profession, with
whom I am so closely associated in an intimate relationship,
cemeted by years of practice together; a profession we cannot
but feel a high and binding duty on us to guard and preserve
in honor and integrity. This expression of your esteem has
so overcome me, I feel unable to put in words the sincere
pleasure it gives to be so remembered, and I am unfited to
return to you the measure of thanks that in my heart I know
you so richly deserve, for this boon of friendship and brother
ly love, which I know alone is the motive that inspires the
giving ; and I can only assure you that the gift will be treasured
as a bright and shinning mark in my life and career, and will
largely aid in keeping alive the respect, good will and kindly
feeling I have toward you all.
Our profession is one that should knit us together, that
we may guard it with a jealous care, from any act or thing
that may tarnish or cast discredit upon it, or tend in any way
to lower its dignity, or its high reputation for honesty and in
tegrity, gained in the years that have passed, and we should
never forget how well those who have gone before us built up
and preserved its high characteristics.
A brief recounting of the history of this Bar, within my

49
recollection, may not be uninteresting, but I will endeavor not
to make it tedious :
At the time of my admission, in 1856, the typewriting
machine and stenography, to relieve the labors of the prac
ticing attorney, was unknown, and even the steel pen was not
in general use; the old goose quill, made into a pen, being the
favorite writing implement with the old penmen ; and the per
son who could, with a pen-knife, make a good quill pen, was
considered skilled. Hence all letter writing and necessary
writing work of the office was done with the pen and by the
lawyer himself, for clerks to assist was an unknown luxury.
I can recollect when steel pens, arranged in rows on a card,
were given to members of Congress, and how my father
brought them home with him as a wonderful invention. As
all conveyancing and writing labor was thus accomplished.
you will readily see the incessant toil it required, as there were
no real estate companies to hand over your conveyanceing
and title searching to, and no trust companies to relieve the
lawyers' labors.
The practice, however, was largely confined to our farmer
clients, and the business was of the County, which, as you
may imagine, was limited; manufcturing of every kind was
carried on by water power, the steam engine, for business
purposes, being then in its infancy.
A five-dollar fee charge for items of service and for ad
vice was the usual asking; and for service in trials in Court a
charge of from ten to twenty dollars a day was looked on by
clients as an easy way to make a fortune; but fortunes were
few, if any, for a lawyer, from his practice alone, in this coun
ty, or, in fact, in the State. One week for the trial of crim
inal and civil cases was all the time required, unless, indeed in
some water and land title cases, where the time was length
ened. The court was presided over by a judge appointed
by the governor of the state, and with us, he always came
from another county ; two associate Judges of the county, not
lawyers, sat with him, whose duty it was to name road jurors,
guardian of minors, trustees, &c. ; but not to interfere in the

50
trial of cases, therefore, they might and did quietly sleep on
the bench during a long trial.
This is the fiftieth anniversary of my admission to this
bar; fifty years as a practicing attorney. Why! it is like a
golden wedding; fifty years wedded to the bar and to the
practice of law.
Can you realize what it means in a man's career, the
changes that have taken place in the membership of this court,
in judges, attorneys and practice? Yet, I have seen it all
since my admission at June Term, 1856; and I have seen the
vigorous, the talented, the prominent and the active pass away,
until there is but one remaining, beside myself, of those who
were members at the time of my admission, and that one is our
brother, A. Lewis Smith, for whom you but recently cele
brated another fiftieth anniversary of admission ; and we stand
as the two who have been so distinguished by our associates.
A short review of who composed the membership of this
court in my earlier recollections, may not be out of place and
may be interesting:
Beginning with the Bench — ^Hon. Townsend Haines was
President Judge at the time of my admission, elected for the
district composed of Chester and Delaware counties, and serv
ing in this county from February Sessions, 1852, to November
Sessions, 1861 ; his associates being Judges Sketchley Morton
and James Andrews, with Frederick J. Hinkson, from May,
1S57, in place of Judge Morton, retired; and Charles R. Wil
liamson from February to November, 1861. When Judge
Haines was elected the county seat was at the Borough of
Chester, now grown into the dignity of a city, and the courts
were held at the building on Market street now used as a town
hall, the Prothonotary, Clerk of Courts and Recorder's offices
being all under one officer, whose office was in a brick building
above the Court House, and at the Southwest corner of Fifth
and Market streets.
Judge Haines had a well trained mind, but inclined to
ease and pleasure; eloquent and with a depth of feeling in his
speeches that was very affective on an audience. The first I

51
knew of him was in his speech in defence of Tom Croper, alias
Hall, a colored man who was convicted and hung at Chester,
for the murder of another colored man named Martin Hollis,
this being in 1841 ; Townsend Haines' speech was a masterly
effort and won a deep public sympathy for the prisoner. The
weather was hot and the speech was made with coat, vest and
collar off. Croper was a powerful man, and at the hanging
in the old jail yard he wrenched his arms loose from their
binding, after the drop fell, seized the rope above his head
and swung himself nearly to the top of the jail wall, until he
was seized by the Sheriff's assistants, his arms forced down
and re-lashed to his body, which was held, suspended, until
life was extinct.
Prior to Judge Haines, and long before my admission,
the courts were presided over by the Hon. Isaac Darlington,
from July, 1821, to February, 1839, his associates being Hugh
Lloyd to October, 1825, Mark Willcox to January, 1823, (these
two associates had been on the bench from the latter part of
the eighteenth century, and Hugh Lloyd acted at one time as
President Judge) ; John Pierce, from April, 1823, to May,
1833 ; William Anderson, from January, 1826, to July, 1826 ;
Joseph Engle, from October, 1826; Henry Myers, from Feb
ruary, 1834, to November 1836, and Dr. George Smith, from
February, 1837
Hon. Thomas S. Bell was the President Judge from May,
1839, to August, 1846, and with him served as associates
Judges Joseph Engle and Dr. George Smith, the latter served
until November, 1842; George G. Leiper taking his place in
February, 1843. Judge Bell was a scholarly person, refined
in manner and a brilliant lawyer, of the Chester County Bar.
He afterwards served on the Supreme Court bench of this
State, and his opinions are clear, learned, and were confi
dently relied on by the best lawyers of the country.
Following Judge Bell came the Hon. John M. Foster, an
appointee of the governor of the state, from a interior
county; and he served from November, 1846, to February,
1847; then came Hon. James Nill, another appointee by the

52
Governor, who served from May, 1847, ^ November, 1847;
both being displaced at the earnest solicitation of the members
of the bar.
At the February term of Court of 1848, a President Judge
not having been appointed, the courts were presided over by
the two associates, Joseph Engle and George G. Leiper, who
tried criminal and civil cases. Judge Leiper charging the
juries empaneled.
Hon. Henry Chapman, of Bucks county, was appointed
President Judge in 1848, and presided from May, 1848, to
November, 185 1, with Judges Engle and Leiper as his asso
ciates; their times expiring at November term, 185 1. Judge
Chapman was a lawyer of the high class, and made a quiet.
dignified and most satisfactory officer, his opinions and rulings
being received with all confidence.
Then came the election of the President Judge by the
people. Prior to Judge Bell's time I was too young to recol
lect his predecessors and only remember him from the latter
part of his time, but do remember distinctly the trial of Tom
Croper. In 1861 Hon. William Butler was elected for the Judicial
District of Chester and Delaware, and served in this county
from February, 1S62, to May, 1874, when Delaware county
was declared to be a separate Judicial District; and the Gov
ernor of the State made an appointment of judge to take his
place, without waiting for the November election; for the peo
ple to select by their votes a judge to preside over their
courts ; this appointment being made without consultation with
Judge Butler, and without knowledge on his part that applica
tion for an appointment was being made. With Judge Butler
served Judges James Andrews and George Smith to Novem
ber, 1866, and Judges Bartine Smith and Thomas Reece from
February, 1867. Judge Butler never made any effort to win the
good opinion of the members of the bar, and was not of a
social disposition; but his conducting of the business of the
court was fair and impartial, and his ruHngs received with
respect and confidence; the reversals by the Supreme Court

53
being few. He was some time afterwards appointed to pre
side over the District Court of the United States, at Philadel
phia, and when familiar with its practice he gave general
satisfaction to the members of that bar.
Following Judge Butler, Hon. John M. Broomall was our
presiding judge by appointment; he serving from August,
1874, to January, 1875, when his successor was elected, and
with Mr. Broomall served, as associates. Judges Bartine Smith
and Thomas Reece, up to November, 1874, the office being
then abolished by law.
Hon. Thomas J. Clayton was elected by the people of this
county in the fall of 1874, to fill the office of the Judge of the
Courts, and took his position in February, 1875, serving to the
time of his death, January 30, 1900. Judge Clayton studied
law in this county, (his father being a resident of Bethel town
ship), with Samuel Edwards, Esq., as his preceptor, finishing
with Edward Darlington, Esq., after Mr. Edward's death.
His practice at law was mainly in Philadelphia, where he lived
and established his office; moving his residence back to Dela
ware county a short time before his election to the bench.
His practice in Philadelphia was lucrative. Although not
highly educated, Mr. Clayton had a bright, retentive mind, and
made an energetic and successful lawyer, and his career on the
bench of his native county, where not biased by political mo
tives, was creditable and able.
Judge Clayton, as you all know, was followed by our pres
ent presiding official, the Hon. Isaac Johnson, who tcxDk his
seat in February, 1900. I shall not be expected to eulogize or
pass an opinion on the present judiciary, but we may all wish
him a long and successful career.
Turning from the bench to the bar, I will only allude to
those I recollect who were either residents of our county or
were closely identified with practice in our own courts, and
only down to a time when many members among you take up
your knowledge of them:
Samuel Edwards, of Chester, admitted in April, 1806,
and practiced to time of his death, November 25, 1850. He

54
was a leader and a man of strong and able legal learning.
His funeral was attended by Judge Bell, of the Supreme Court,
Judge Chapman, of our court, the associate judges, members
of the bar, and. many of the prominent citizens of the county
and State.
Benjamin Tilghman, of Philadelphia, admitted to prac
tice scK3n after Mr. Edwards, was an able lawyer and one who
never let a humorous feature pass him without a witty com
ment. David Paul Brown, of Philadelphia, admitted April 14,
1 81 9, an able criminal lawyer.
Edward Darlington, of Chester and Media, studied under
Samuel Edwards, was admitted to the Bar April 9, 1821, and
continuing in practice until 1875.
Townsend Haines, of West Chester, admitted January
21, 1822, afterwards our first elected judge.
Thomas S. Bell, of West Chester, admitted April 14,
1823, afterwards our judge.
William Darlington, of West Chester, admitted July 23,
1823, and continuing in active practice to the date of his death.
Francis Carroll Brewster, of Philadelphia, admitted Oc
tober 28, 1823.
Joseph J. Lewis, of West Chester, admitted April 9, 1827,
and enjoying a long practice at our Bar.
John K. Zeilin, of Chester, admitted April 10, 1829, serv
ing for years as Recorder of Deeds.
Robert E. Hannum, of Chester, admitted July 27, 1S29,
and continuing in practice to the time of his death, at a ripe
old age. John M. Broomall, of Chester and Media, admitted Au
gust 24, 1840, and continuing in active practice to the date of
death. Paul Beck Carter, of Chester, admitted May 23, 1842,
and largely noted for his personal suits against the Tinicum
Fishing Company, for infringement of his shad fishery rights.
Thomas H Speakman, admitted August 26, 1844.
Robert MicCay, of Chester, admitted February 22, 1847;

55
his career at the bar was not lengthy, abandoning the profes
sion for the manufacturing of bricks.
Samuel B. Thomas, admitted February 26, 1846.
Henry B. Edwards, of Chester, admitted November 24,
1847. Joseph R. Morris, of Chester and Media, admitted first in
Chester county, and in this county on August 28, 1848. He
rose rapidly and was in active practice at the time of his early
death in 1859.
Thomas H. Maddock, of Ridley and Chester, admitted
November 27, 1848, and a practitioner to the time of his death.
Charles D. Manley, of Media, admitted February 26, 1849,
and a practitioner to the time of his death.
Ezra Levis, of Media, admitted May 28, 1849, and in prac
tice to the date of his death.
Edward A. Price, of Media, admitted February 25, 1856,
and in practice to date of death.
John Hibberd, of Chester and Media, admitted May, 1857
There were others admitted up to 1850 who did not con
tinue long enough in practice to be well known as members
of the bar; and there were also other well known Chester
county lawyers who were admitted to our bar and practiced
here ; among the latter being :
Joseph Hemphill, admitted May, 31, 1834
William Butler, admitted August 28', 1848.
William B. Waddell, admitted May 24, 1852.
Wayne MacVeagh, admitted May 26, 1863.
I will not go further with these admissions to member
ship, as they now come up to the time of recollection of many
of our living members. A roll of membership should be made
and framed for our Bar Association room.
If time allowed, many interesting and amusing incidents
could be recalled from a fifty-year experience. But already
I am taking too much of your time. To say that the lawyers
of this day can command higher fees for services is a truth
that cannot be gainsaid; but, also, living expenses have gone
up, for food, clothing, fuel, lighting, living and for library

56
expenses, and in the end little of the gains are left over for a
rainy day. How many lawyers did you ever know, or hear
of, who at the end of their lives had left a great fortune to be
disposed of. Some have, by speculations and investments, or
operations outside of legitimate law practice, but very few
who strictly confined themselves to the practice of law and
its remuneration. In 1891 the members of the bar adopted
a fee bill to govern charges for services, and it was practiced
under and largely lived up to; this was entered into by sixty-
six of our attorneys. Now we are informed this adoption can
no longer govern, only so far as an attorney may not go below
the charges so fixed ; but charges for services may be as much
higher as the court deems them worth, or may allow to the
attorney performing the services. With this standard and the
disposition to increase salaries, the calling of a lawyer may
yet prove to be an enriching occupation ; even though the door
of admission be thrown open so wide that the profession of
law becomes but a mere trade, to be followed by any one so
disposed, without let, or hindrance, examination or formal
admission, as was advocated by a prominent member of our
bar. During my practice the Pennsylvania State reports have
run up from Second Casey, or 26th Vol., to Vol. 212, at this
time; with Superior Court Reports since November, 1895.
My fifty years' experience is that of the typical country
lawyer of the old school. I have dabbled in politics, been a
delegate to National, State and County Conventions, been ac
tive in elections (generally on the independent side) ; served
as District Attorney, as the court's representative on the Pris
on Board ; had a long term as counsel for the County Com
missioners ; served as attorney for the Directors of the Poor ;
been Building Association adviser ; Bank Solicitor ; Agent for
a Fire Insurance Company ; Attorney for a Mercantile Agency,
for over twenty-five years ; Borough Councilman ; Borough So
licitor; Referee in Bankruptcy, since the operation of the
Bankruptcy Law of 1898, the latter giving me some little ex
perience in the dignity and importance of a judicial position ;
and last, though by no means least, President of the County
Bar Association.

57
In my long practice in the courts I have experienced the
strong hand of judges who, in their sternness, did not permit
familiarity on the part of counsel or suitors ; and with others,
since the ballot decided the incumbency, who permitted too
much familiarity and time taking ; and have arrived at the con
clusion that a discreet line of conduct between the two ex
tremes is the better, for the dignity of the bench, the welfare
of the attorneys, and the business transactions of our courts.
To the beginner in the practice of law, I would say, that
I am an example of having a vocation cut out for me; as I
had little taste for the law until after I arrived at manhood,
and it was only my determination to assist my father in his
de, lining years, that induced me to complete my studies and
ask for admission.
I well remember my first case in court, in a trial in which
a leading member of the bar was my opponent. I examined the
witnesses for the plaintiff and cross-examined the defendant's
witnesses, my father sitting near me and prompting occasion
ally, and as I supposed was to address the jury. When the
evidence closed, and while my opponent was making his ad
dress, to my consternation my father took his hat and walked
from the court room. My first impulse was to follow; then
I got mad, and this was my salvation, for when I rose to my
feet, to make my address to the jury, I was overflowing with
righteous indignation, forgot my embarrassment, spoke of the
evidence, waded into the opposite attorney and his client, and
got a verdict for my client. The ice was broken and there
after I had confidence that I could say something to a jury,
when called on.

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