The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1882-05-26

can with it." Not so our Cambria county
Associate Judges. They felt that a Grand
Jury, like gun, could not be discharged
without first being charged Accordingly
one of the associates proceeded to charge
| them, He told them (interalid) that "an
assault and battery was where A tried to
strike B toith pitch-fork If be missed him,
1t was an assault, but if it hit him, it was
an assault and battery" AS it was not the
hay season, the Grand Jury found mot a
true BILL" as to A and B, and all the rest of
the alphabet
In the certified list from Somerset county,
as per act Of Assembly creating the county
/ OF Cambria, there was only one civil suit
| certihed-that Of Thomas Vickroy vs. John
Skelly and Daniel Dimond Plaintiff was
the father of our esteemed citizen, E. A
Vickroy, Esq. 1t was tried in 1909, and the
! plaintiff was non suited A second suit was
| brought ten years afterwards, and resulted
! in verdict for defendant. Writ of error to
! Supreme Court, Judgment reversed see II
| s. & R., 372. 1t was then removed To the
| Circuit Court where Vickroy obtained YER
! dict. The land lies in Croyle township.
Downing vs.. Diggs, an eieetment brought
| In 1911, was the earliest cause from Cambria
county that reached the Supreme Court It
was for land in Allegheny township, and
was In that Court twice see 3 S. & R, 455,
and 5. & R., 34S. The opinion each time
was delivered by Judge Gibson, and was the
first opinion ever delivered by that eminent
Judge.
In 1887 Hon. Thomas White succeeded
Judge Young. After reading law in Phila-
delphia, he married daughter of Alexander
Mcconnell, of Huntington, and settled in
Indiana. On April ID, 1924, he was admit
ted to our bar, and practieed here till the
time of his appointment.
Judge White during his term presided
with signal ability. He was highly educated
both in literature and law He was indeed
our beau ideal of an able and upright Judge.
At .he end Of his term the bar and the peo-
pie Of this county, without a dissenting
voice, urged his re-appointment, and it was
refused solely on political grounds He and
Judge Black were contemporary Judges of
Cambria and Blair: and it was once said on
a conVivial occasion that Blair and Cambria
had the two best Judges in the State, and
had them as lawyers liked to have every
thing-in Black and White The only differ
ence between them was that White was a
black Republican and Black was a white
Democrat
Hon. j. NJ. Burrell was appointed by Gov.
Skunk to succeed Judge White He resided
in Greensburg, and afterwards became Judge
of the WestmOreland district. He only held
four Courts here. The Senate, being Whig,
rejected him. Several other nominations
were made, but they too were rejected. Fin
ally John G. Knox was accepted as being
the least obknozious. Judge Knox remained
on the bench till the present district was
formed. He afterwards STAINED to the Su-
preme Bench, and subsequently became At
torney General. He still lives, but his men,
tai powers are entirely prostrated.
Judge Taylor was the first Judge in the
oath district. He was appointed in 1919.
elected in 1851, and unanimously reelected
in 1861. His administration of justice is too
recent for criticism. All his opinions were
models Of English composition. No Judge
ever went further to reach what he honestly
believed to be the justice of a case. When
he thought conviction necessary he gave
the jury the reasonable doubt" in a low
tone of voice, but when he thought an ac-
quittal should follow he emphasized the
reasonable doubt" Indeed, his charge as
rendered and as furnished afterwards, tho
the same throughout, seemed entirely differ
ent. His emphasis and gestures made the
difference. His charge would appear in
plain Roman type, while it came from his
lips fearfully italicized If he had fault it
was sluggishness, and there were great com
plants of delay in the later years of his term.
But he was a pure, honest and upright
Judge.
OF the present incumbent it is difficult to
speak here and in his presence in befitting
terms. Elected in 1871, his reelection by
acclamation in 1881 is the highest tribute
the people could pay to his worth Bringing
to the performance of his duties well stored
mind, good legal training great force of
character, unhagging industry, and the most
determined honesty of purpose, he could
not fail to give satisfaction TO the bar and
the people-the lawyer and the layman. If
the present omens continue Ga thing that l
by no means insist on) he must acquire a
stage of more extended usefulness. More
than this 1 ought not to say-less cannot
say.
Cambria county has furnished her share of
land litigation, many cases of more than
common Importance having been before our
Courts. The Mullins Hill cases were nota-
BILE among these. That territory was in con-
test some twenty years. Ny quondam part
ner Joshua F. Cox. Esq, had the laugh
turned on him in one of these cases. 1t is
melancholy fact that if the witness gets the
better of the examining attorney, the laugh
from the jury and the audience is always in
favor of the witness. "Now, sir," says Mr.
Cox, severely, ''Mr. MulliD, you are on your
oath wasn't she mansion house on the south
SIDE of the turnpike as you go from Ebens-
burg to the Summit ?'' YES as quick as
thought answered Michael Mullin, cor as
you come back, either" OF course, the
crowded court house was in a roar, and Cox
was Disconnected,
The Adams VS.. Jackson controversy, which
involved the title OF Summitville borough,
was noted a case and repeatedly before the
Court 1t was last tried at Special Court,
Judge Woodward presiding, from whose ru-
lings a writ of error was taken and while
the Supreme Court decided that Judge
Woodward was wrong in almost everything,
It affirmed his decision, and ended the con-
troversy forever. See w. & s, 55.
But the greatest land case of the county
perhaps the greatest ever tried in Pennsyl-
vania-was the celebrated Ross and Barclay
case, involving the title to 10000 acres of
land-a great part of two townships. l
brought the first suit in 1874, and the case
6uaFfx- apdad ouip wears since