The citizen. (Honesdale, Pa.) 1908-1914, 1909-03-12

Former. JUDGE Of che Superior Court
Succumbs after Q long Illness.

and of the common pleas OF Lackawan-
ma county, died at1l:45o'clock on Tues
day morning, March 9th, 1909, at his
home, at Green Ridge street and Jeffer-
son avenue, Scranton.
For eight years his health had been
waning. Six weeks ago the turn came
which began his approach to the end.
He was able to be around his home,
however, till Monday morning, when
he was forced by a sudden attack to re-
tire to bed, and he soon lapsed into un-
consciousness, in which condition he re-
manned until the end.
His wife and family and his wife's
brother, the Rev. J.J, Griffin, OF Wilkes
Barre, were kneeling at his bedside
when the summons came.
Judge Smith was still a young man,
and until his health failed gave promise
Of long life and great distinction as q
lawyer.
Peter p. Smith was the third child OF
Owen and Catherine Smith, and was
born in Honesdale, June 2, 1851. His
education was obtained in the Homes
dale Academy, and his legal studies
were pursued under the direction Of Hon.
Henry Wilson. He was admitted to the
Wayne County bar, May 7, 1874, and At
once opened an Office in Honesdale.
Though possessing no adventurous aids,
the struggle on which he entered was by
no means an unequal one. His prepara-
ton for the profession had been careful
and systematic, and he we'll understood
that the period OF study, so far from
closing with admission to the bar, was
little more than the beginning Of legal
education. A further course Of study
was marked out and steadily pursued.
In 1875 he was elected district attorney,
and in discharging the duties Of that Of
flee, he found opportunities which his
careful preparation enabled him to i'm
prove. Especially was this the case in
the matter of framing Indictments, o
number Of cases coming up during his
term for which the authorities furnished
no precedent, but which through the
application OF the general principles with
which he had become familiar he was
able to satisfactorily manage. On two
or three occasions the bills which he
drew up were attacked as insufficient by
such veteran lawyers as Messrs. Crane,
Minor and Seely, and even his old pre-
ceptor, Judge Wilson, but in each case
his indictments were sustained by sthe
court, and commended as having been
drawn with remarkable clearness and
precision. The forms of the various in
dictments thus practically originated by
him were afterwards printed by n Phil.
adelphia law publishing house, and ad'
opted by the profession throughout the
State. At the close of his term as dis
trict attorney, he was renominated by
acclamation, but declined, in order to
give closer attention to his rapidly in
creasing private practice. The "Hollis-
terville Gases" and the Bortree and Nc
Cabe murder trials were among the nota.
BILE criminal suits in which he distin-
guished himself.
But it was not in the criminal court.
alone that Mr.. Smiths professional at
tainments were exhibited. His practice
embraced many important cases in the
civil courts, besides an Office business o
a varied and extensive character. HI
possessed in high degree the character
istics that distinguish the leaders Of the
professional ready grasp of the mos
complicated questions of both law ant
fact; an instructive perception of the
vital points in controversy and of tn,
legal principles that must govern thei
determination tact, address and dis
cretion in the presentation of cases, anc
logical force, candor and earnestness il
argument.
About twenty-five years ago Mr.
Smith removed with his family to Scran
ton, where he at once took high rank a
the Lackawanna county bar, and wa
soon in the enjoyment of large an
lucrative practice.
When the late Judge John F. Connoll
died on Nov. 20, 1892, the late R. f
t Pattison being then Governor of tn
State, Judge Smith was appointed t
; the vacancy and served for one year
| The election for full term of ten year
, was held in November, 1893. He wa
the Democratic candidate, and the Hon
!, H. M. Edwards, the Republican candi
date. After vigorous campaign, Judg
Edwards was elected by something owe
four hundred majority. The iollowin
| year there was another judiciary cam
I pai0n, and Judge Smith was again tn
. Democratic candidate against the Hon
/ R.W. Archibald on the Republican ticke,
r Judge Archibald was elected by abou
n eighteen hundred majority.
8 But these two defeats, the second
:, crushing one, at what might be said tn
, beginning of his career as a new resider
d of Scranton, did not affect his sturd
= character. He rose triumphant froI
r nolitical miaiortnna in 1909 nv winning