HISTORICAL MAGAZINE Vol. 5 No. 3 JULY, 1922 Price 75 cents EARLY COURTS, JUDGES, AND LAWYERS OF By HON. A. B. REID* A passing glance at some of the facts, incidents, and characters of the early period of our Western Pennsylvania history is all that can be expected in a paper of this kind. In preparing it, I cannot claim original research,-the delving into ancient manuscripts and records (save in a few instances), but like many other "Historians" of all times and ages, I have culled my material from the works of more laborous and erudite predecessors. For those whose taste directs them into the pleasant field of study of the chronicles of the "Good Old Days," there is no more absorbing subject than that of the Provincial, Colonial, and early post-Revolutionary period of our Pennsylvania history, and especially of that relating to our own section of the state, which, for a long time, was the outpost of Empire and almost the last portion of the original Colonies to know and feel the influence of the Pioneer, the Indian Trader and Fighter, the intrepid hunter and woodsman, or *Read before the Western Pennsylvania Historical Society on Tuesday, January 31, 1922. THE WESTERN PENNSYLVANIA HISTORICAL MAGAZINE is published quarterly, in January, April, July and October, by the Historical Society of Western Pennsylvania, Bigelow Boulevard and Parkman Avenue, Pittsburgh, Pa. It is mailed free to all members of the Society. Members may obtain additional copies at 50 cents each; to others the charge is 75 cents. To public libraries, universities, colleges, historical and other similar societies the annual subscription rate is $2.00. The annual dues of the Historical Society of Western Pennsylvania are $3.00, and should be sent to John E. Potter, Treasurer, Fourth Avenue and Grant Street, Pittsburgh, Pa. the hardy navigator of the western waters, who set out from Pittsburgh to carve out that greater empire which touches the Pacific. We must, however, confine ourselves to the story of the old time Courts, Judges, and Lawyers who did so much to make history in our great county, which Lincoln called "The State of Allegheny." The first Pennsylvania Court having jurisdiction over the settlers in this region was convened at Bedford on April 16, 1771, this being a part of Bedford County. It was there that the first Judges of that Court, George Wilson, William Crawford, Thomas Gist, and Dorsey Pentecost (who were justice of the peace and not Judges learned in the law) established the Township of Pitt, which embraced the greater part of what is now Allegheny and portions of Beaver, Washington, and Westmoreland counties,—having Fort Pitt within its boundaries. This township then included within its enormous limits fifty-two land-owners, twenty tenants, and thirteen single freemen! The hardy and aggressive settlers on this side of the Alleghanies soon convinced the authorities that the great distance, inconveniences, and hardships of a trip to the seat of justice at Bedford required a county organization and a Court nearer their homes, and as a consequence Westmoreland County was erected February 26, 1773, out of Bedford's territory. There seems in those far distant days to have been a certain affinity between the Courts and the taverns,-because Westmoreland's first Court was held in Robert Hanna's tavern, and, as will be hereafter noted, Allegheny County's tribunal sat in the hospitable third story of William Irwin's house of entertainment and tarried for a time in John Reed's "Sign of the Waggon." But this is a digression. Five trustees were named to locate the county seat and erect buildings for the new county of Westmoreland. Robert Hanna and Joseph Erwin were among them, as was also Arthur St. Clair. Hanna rented his loghouse to Erwin, to be kept as a tavern, and got a majority of the board to recommend his place, which was done against the protest of St. Clair and a minority, who advocated Fort Pitt as the county seat. The new seat of justice was christened Hannastown, a few rough log cabins quickly sprang up, and here, in 1773, the first court west of the Alleghanies was held under Pennsylvania jurisdiction, by William Crawford, one of the justices who sat in the first Court at Bedford. Though remote and primitive, Hannastown was promptly equipped with a jail, a whipping post, stocks, and a pillory. Here, too, was heard the first murder trial that was held in this western country,-that of an Indian tried for killing a white man. Chief Justice McKean presided, and the prisoner was defended by Hugh H. Brackenridge, who was afterwards among the first lawyers admitted to the Bar of this county, and one of the most famous. In the Hannastown log courthouse, one small room had to suffice for the parties, witnesses, jurors and spectators, who stood, the only seats, which were rough hickory chairs, being occupied by the judges, and were placed on a rude platform made of clap-boards. Arthur St. Clair was the first Prothonotary of Westmoreland County. The Indians attacked and burned Hannastown in 1782, and, as a result, the county seat was removed a few miles distant to its present site, Greensburg. Until the organization of Allegheny County, suitors from Pittsburgh and vicinity were obliged to travel either to Hannastown or Greensburg,-the first Court in the new location being held at the latter place in January, 1787. Although the first Court under Pennsylvania jurisdiction that was held west of the Alleghanies, sat at Hannastown, the first which sat within the present limits of our county was held at Pittsburgh under the jurisdiction of Virginia, which claimed this territory, and whose Governor, Lord Dunmore, renamed Fort Pitt "Fort Dunmore." Here, the Court of the West Augusta District sat in February, 1775, the last sessions being held in November of that year. Lord Dunmore's tribunal was equipped, if not with a pillory and stock, at any event with a "ducking stool," which was placed at the "Point." Upon the formation of Virginia, among others, from this debatable ground, of the County of Yohogania, in which Pittsburgh was situated, the seat of Justice was removed from Fort Dunmore to a new site up the Monongahela River, where a courthouse and jail were erected, but whether the noble Earl also removed his "ducking stool" is not narrated in the chronicles of that troubled time. The justices of the peace who held this Virginia Court in Pittsburgh were the famous George Croghan, the generally disliked and infamous John Connolly, Dorsey Pentecost, who was of the earlier Bedford County magistrates, Thomas Smallman and John Gibson, whose nephew, Chief Justice Gibson, was later to be one of the greatest of our Pennsylvania Justices of the Supreme Court. Westmoreland is the great mother, not only of Allegheny, but of many other Western Pennsylvania counties. Out of its original territory were formed in whole or in part Washington in 1781, Fayette in 1783, Allegheny in 1788, Butler, Mercer, Crawford, Erie, Venango and Armstrong in 1800, and Indiana in 1803. Although, as above indicated, Washington County had been carved out of Westmoreland in 1781, her territory was yet too large, and moreover the vigorous demands of the settlers of this section who were compelled to travel to Greensburg, at last resulted in relief, and on September 24, 1788, Allegheny was formed out of portions of Westmoreland and Washington counties, to which, somewhat later, more territory taken from Washington was added. Our county was almost "imperial" in its limits. It extended to the boundary of New York and the shores of Lake Erie. When Pennsylvania in 1792 bought from the National Government the "Erie Triangle" containing about two hundred thousand acres, which gave her a lake coast and port, this new territory was added to the limits of Allegheny County. At last, Fort Pitt and the "Forks of the Ohio" have come into their own and a real court is about to be held in Pittsburgh, and since then, for 134 years, the courts of this great county have been busy with the affairs of one of the most important, progressive, and influential Judicial Districts in the Union. This first of our Courts had a very humble beginning, not being housed in a magnificent temple of justice, such as now hold our tribunals, but in Watson's old two-story loghouse, long used as a store, but now turned into a Courthouse. Here the courts sat for a long time. Of course, there was a jail, and in all probability the accompaniments of that rude time-stocks, a pillory, and a whipping post were also to be found. The Court of Quarter Sessions met here in December, 1788. Its President was George Wallace, and his associates were John Scott, John Wilkins and John Johnston. None of them was a lawyer. William Penn disliked lawyers, and for a long time the Courts of Quarter Sessions were held by men of the rough community, who, by their good sense and native ability, provided for the administration of justice in the backwoods country probably as well as trained lawyers could have done. It is certain that George Wallace, who was a man of education and substance, filled all the requirements for many years, since he presided in that Court with honor and success for thirteen years, or until the new Constitution of 1790 went into effect, when, in 1791, he was re-appointed as an Associate Judge to sit with the first Law Judge of this Western District, Alexander Addison, who was one of the nine lawyers admitted to practice in this county, before President Wallace, when he held his first court in 1788. Wallace owned, lived upon, and cultivated the famous tract known as Braddock's Fields, and died there in 1814. In addition to Addison, eight other lawyers were admitted at the first session of the court held here. They were David Bradford, Hugh H. Brackenridge, James Ross, John Woods, George Thompson, David St. Clair, James Carson and Michael Huffnagel, several of whom became famous at the bar of this or adjoining counties. Their admission was moved by Robert Galbraith, Esq., designated by the Attorney General as his deputy for this district. As Judge Addison, our first "law judge," an educated, refined and distinguished jurist, fell a victim to the venom of one of his lay associates, it is not out of place to note here what William H. Loyd, in his "Early Courts of Pennsylvania," says of some of these Associate Judges. He was discussing the tendency of many people of the early period of our history to indulge in radical attacks upon the judiciary, and then proceeds: "It may be said, however, for those who railed against the Courts, that many of the lay associate judges set any |