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

the course of the Judge commented on pretty
freely. This was followed by pamphlet
signed by Harry Hemlock," the object O
which was to cast ridicule upon Judge
Young and the Court. The paternity of thi.
production being fixed upon Mr. Riddle, tbs
Court, on Sept. 18th, 1911, maoe an order
suspending him from practice for eighteen
calender months for contempt of Court
saw the pamphlet many years since, but
could hardly see where the contempt came
IN. The wit, indeed, was contenlptibI,
enough, but if bad wit were a sufficient
ground for suspending, your orator would be
in the most painful suspense all the time.
Until as lats as 1s45 the honors, and, what
was worse, the profits Of the bar were car.
ried of by lawyers from abroad Indeed II
was some years before we had any resident
attorneys. Charles Huston, author of ''Laud
Titles in Pennsylvania" and Thomas Burn
side, of Bellsfonte Todd Ross, ofGPittsburg;
Coulter, of Greensburg, and Black, OF Som
erset-all afterwards Judges of the Supreme
Court-practiced here; as did also Thomas
! White. afterwards Judge of the Tenth dis
trict; Thompson, of the Somerset and Bed
! ford district and John Reed, of the Cumber-
land district author of "PennsyJvania
! Blackstone" Besides these, we had Allison,
Orbison, Smith, Bell, Miles and Taylor, of
Huntingdon Hale, of Lewistown; hale and
Blanchard of Bellefonte; Ogle, Forward,
! Cox and Baer, of Somerset Foster, of
| Greensburg; Kelly, Banks, Stanard and
! Drum, Of Indiana, and Calvin, Hof1us, Blair
! ard Banks, of Blair county.
The late Moses Canan, ESQ, was our ear
| liest resident lawyer He was man of fine
| education and attainments, but disinelined
| to the turbulence OF jury trials.
Michael Dan Magellan, ESQ, was the first
7adsiUe attorney admitted in our Court. Born
and reared in Cambria county, he studied
! his profession under William R. Smith, in
Huntingdon. He was admitted TO this bar
in 1928. Because he was full of genial hu-
NOR, and well remembered for that, it Is for
gotten that he had been a very close student
well read in elementary law, and soon at
| tanned high position at the bar. He was
very able jury lawyer his tones being loud
and clear. Where pathos was wanted he
was eminently pathetic, where humor was
required, he was rich-more than rich and
he retained his powers till shortly before his
death. He lived and died poor, because he
never exacted from wealth the paw he should
have secured, and never refused the case of
poor man because it afforded no compen-
sation. He was eloquent and had a great
power of swaying juries. His humOr in ad-
dressing jury was peculiar and always eff
fectiye, while his invective was terrible.
Here allow me to pause OF the resident
members of the Cambria county bar, wheth-
er dead or living, there would be little pro-
priety in making individual mention. In my
own brief career have followed fourteen te
their last resting places. Let US only say,
and that with reverence, peace to their ashes.
''No further seek their merits to disclose.
Nor draw their frafties from their last abode;
There they alike, in trembling hope. repose
On the bosom Of their Father and their God"
OF the living members of the bar now in
this presence it becomes me not to speak
Still, / cannot refrain from expressing
hope-nay, something more than hope-a
CONNECTION, that the immense clientele now be-
fore me will always find in each and every of
them, in case of need, an advocate worthy of
the high trusts imposed upon him in the per-
formanee Of the duties of an honorable pro-
fession. And 1 may Indulge in well
grounded trust that the same amenities and
courtesy, the same forbearance with each
other, shall be In the future, as it has been
in the past, shining characteristic of the
Cambria County Bar.
Pardon me if l retrace. The earliest DAYS
of our Court possess the most interest to me,
and 1 desire to dwell upon them. Struck
juries and views were in vogue, and chal
lenges of jurors were settled by triers. In
ejectments, when jury came into the box
ready te deliver verdict the plaintiff was
called three times and if he did not answer,
instead of the verdict non suit was entered.
The pleadings we're more formal and
classical then than now, and law Latin was
much INDUCED in. AS an example George
Hildebrand, lately deceased, forgot his Dun
ker training so much as to give Samuel Gal
laher an unmerciful beating A civil action
was brought and after most elaborate de-
claration, defendant pleaded ''no's c1d ct son
assault denlesue." Replication, ode injtria
s1ta propria ct absQle tati causa'
AS contrast with more recent knowledge
of the dead languages, 1 recollect of appear
ing for three defendants in an action of as
sumpsit. 1 put in the plea of ''non assump-
serunt and payment" Plaintiffs counsel
asked what that meant, and l explained that
it was the plural of the Latin verb "Then,"
said he, ''you should have made it consistent
by pleading mon assumpserunt and PAYNE
71tnt.' -
About 1912, Judge Black, President of the
Bedford and Somerset district, introduced
the innovation of booking up the Grand Jury
before Court, thus saving the time and labor
of an oral charge. His Honor, Judge Dean,
first introduced the practice here, to our
great advantage. The practice, which still
exists over the State of delivering an oral
charge, formerly prevailed in Cambria coun-
ty. These charges were all made on the
same last, except an occasional new camping,
and became very monotonous to the bar.
1 recollect Judge Taylor's eighty eighth
charge. He announced, as he had done
eighty-seven times before, the duties of the
jurors and the definition of Offences with ali
the force and fervor of Eew discoveries. In
side the bar this charge fell on dull ears. but
the Grand Inquest sat with ears and mouths
open inhaling the stores of legal wisdom
which were to guide them in their delIbera-
tions.
Judge Young, in his best days, delivered
able and lucid charges, always following up
his definitions by Illustrations. Suppose"
he would say, "A strikes at b within strik-
ing distance with an instrument. pitch-fork
for instance. If he strike him it is a battery,
but if he fail to strike him it is simply ap
assault"
One morning the Grand Jury were in their
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