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VOL 30
pl JliJ i til WBL MB H'J-Ji Jl AM-WftaHH
The End of
Hon. William Elwell, for Twenty
of the Twenty-sixth Judicial District, Expired on
Tuesday Morning.
BELOVED, HONORED AND REVERED;
He Leaves a Noble Record
ine sauaesi amy mat nas CVCIa
iauen 10 me cuuor ui mis paper, is
forced upon him this week. It is to1
make the announcement of the death1
of his beloved, honored and aged
father, Hon. William Elwell. On
Tuesday morning at 3.45 o'clock, he
fell asleep so quietly, peacefully and
painlessly that the members of his
family who surrounded him scarcely
knew when they ceased to look upon
the form of a living husband and
father, and baw only the earthly habi
tation of his immortal soul which had
taken its flight heavenward. His age
was 87 years and 6 days.
The funeral services will be held at
St. Paul's Church on Friday rooming
at nine o'clock, conducted by the
rector, Rev. D. N. Kiikby. The
remains will be taken on the 10.49
train to Towanda, for interment in
the family plot in Riverside Cemetery.
William Elwell was born in Athens,
Bradford Co, Pa. on October oth,
t8o8. His father, Dan Elwell, was a
native of Massachusetts, and his
mother, nee Nancy Prentice, of Con
necticut.
They were of English extraction,
and their lineage is traceable back to
the time of Cromwell. Capt. Thos,
Prentice, the sixth great grandfather
of Judge Elwell, was a. soldier in
Cromwell's army. He came to this
country and settled at Newton, Mass.
in 1620. Dan Elwell was a carpenter
and builder and a mathematician of
considerable note. He was an
active promoter of the cause of edu
cation in the community in which he
lived, his own children having the best
advantages which the common schools
and an academy of high standing at
forded. He married Nancy Prentice
at Athens in 1800. She was a
daughter of Dr. Amos Prentice, a
surgeon in the army of the Revolu
tion. Dr. Prentice suffered great loss
at Groton, Conn., by the destruction
of property by the soldiers of Bene
diet Arnold, the traitor, he and his
family barely escaping with their lives.
He afterwards moved to Athens, Pa.,
where he died in i8o. The old
homestead erected by him is still
standing, and is known as " Elm Cot
tage." One of his sons. William, af
ter whom the deceased was named,
was a lawyer, whose books and papers
fell into the hands of Dan Elwell. It
was the perusal of these that in
spired the young mind of the future
jurist with the idea of becoming a
lawyer. Dan Elwell died in 1868 at
the age of 94 years, and his wife
died in 1858 at the age of eighty-three
years. They had eight children,
William being the fourth child and
third son. Two of the sons were
clergymen, John an Episcopalian, and
King a Methodist. The youngest
son Edward, was a lawyer, and also
became a Tudire in Wisconsin. AH
are now dead.
William received a good academic
education and continued his studies
years after his school days. He began
a Noble Life.
- six Years President JudgeHthe staS
I
of .a Well Spent Life
teaching school when but seventeen
years of age, and taught for several
years. In 1827, having previously
acquired a knowledge of surveying,
he was employed with the corps ol
engineers under Chief Engineer John
Randall, engaged under the authority
01 tne state in running advance or
exploring lines on both sides of the
North Branch of the Susquehanna
Kiver from the State line south, foi
the canal proposed to be constructed
from the State line to tide water. The
use of the compass and other practi
cal knowledge acquired during the!
progress of that survey was afterward
very beneficial to him in preparing
ejectment cases for trial. In Septem
bcr, 1830, he commenced the study
of law in the office and under the
pieceptorship of Jlon. Horace Willis
ton, a lawyer of the old school well
versed in the principles of the com
mon law. He came to the bar in the
State of New York, and was iamiliart
with equity practice and principles as
administered by the courts of that
State, under the administration of
Chancellor Kent and other eminent
judges of that day. On the 13th of
February, 1833, Judge Elwell was ad
mitted to the bar of Bradford county
He at once became the partner ofi
his preceptor on equal terms, opened
an office at Towanda and for the next
sixteen years the firm continued in
practice in the northern tier of
counties.
In 1849 the senior partner was ap
pointed judge of the district. From
jthat time until 1862 the junior con
'tinued the practice alone, retaining all
.the business of the old firm. In 1841
Judge Elwell was elected to the
House of Representatives for 1842
trom uradtord county. lie wasHtorney at law, editor of the Colum
'chairman of the iudiciarv committeeSiiiAN : Marv I... marrm.t tn m tt
of that session. That committee wasfcjFunk, attorney at law, and Charles pJ,
1
its members were afterward president
judges, one became chief justice ofp,:i
the Supreme Court of the State, one
was Thaddeus Stevens, afterward
known in Congress as the great com
moner, and one of them was sub
sequenlly minister to a foreign govern
ment.
In the course of his practice Judge
Elwell had been
cumpuseu 01 men ui mam. rour oigaproiessor 01 music,
, . : iu
procure the release
ouen employed tojiarrangeu lor a banquet to be tendeiedL5all of them distinguished members ofl
se ot persons whollmm, which was held at the Exchangefflthe Bar. Some of them acquired
had been committed for the non-pay
ment of debts. Impressed with the
barbarity of the law which permitted
Auwai iiu iiuiji inuuiiii-iib iui ouiu cih
cause, he, without a petition request
ing it, and without any public agita
tion upon the subject, prepared, intro
duced and reported from his commit
tee a bill to abolish imprisonment fori
dtbt and punish fraudulent debtors.
The bill as it came from his hands,
containing many sections, was passed
and Decame a law on the nth day oirtbald, bcranton ; F. B. Gowen, Phila
July, 1842, and stands upon the statuteffldelphia i H. W. Palmer, ex-Attorney
book to day intact. The prison doorsjGeneral, of Wilkes-Barre ; H. B.
were at once thrown open and theBPayne, of Wilkes Barre j J. B. Storm!
poor debtor set free amid general re-MStroudsburg; Geo. R. Kaercher. Potts-
joking' that a relic of barbarism had
I3L00MSBUKG. PA.. FKIDAY, OCTOBER 18.
been swept away. The Judge was
elected to the House for 1843, and
served as-chairman of the committee
on ways and means, then the niosi
important committee, owing to the
Icpressed condition of the finances of
In April, 1871, after a general and
protracted strike of miners and other
employees in the anthracite coal re
gions and all attempts at settlement
or compromise had failed, he was un
animously chosen by a joint commit
tee, representing both the operators
and the miners as umpire to decide
between them, fie heard the partic.
for two days and rendered his decision
hi writing, wmcn was acquiesced in DVM
both sides. The strike was ended.
Work was resumed the rulings on al.
hands were considered eminently just,
both as to control of the works and
ivages to be paid.
Judge Elwell resided in Bradford
county, when, in 1861, he was elected
president judge of the district com
posed of Columbia. Wyoming and
Sullivan. In 1874 Columbia and
Montour counties were made a separ 1
ate district, of which he was continued
the judge.
In 1 86 j, A. Peckham, Esn., of
lunkhannock, was appointed by Gov.fjtiis forensic contests before
Curtin as judge to fill the vacancvtSnreme Court as a Tudce.
caused by the resignation of Tudcefflpresided at the trial of the most im
Warren J. Woodward, and was
Biiiiicu uy uic repuuncans againsi j uuge jtwiiicu, uuuiig ins iiicumuency, nave
Elwell. In 1872, the latter was auainEjbeen before the Courts of this State."
...1.1 1... .1 t.i: ; l t.. i - rs
elected, without opposition, and intn
1882, he was nominated bv
crats, Republicans and Greenbackcrs,M!5,aul tllls beautiful tribute to Judge
and unanimously elected. Mtiiweii :
He had been, it is believed. moreE "We have met in honor of the
1 mMc'UC!
in other districts than any other judge
in the state. His decisions, which
have undergone review in the Su
preme Court, have with few excep
tions been affirmed. In the criminal
courts no case was reversed. In equity
md the Orphans' Court but three de
crees were either reversed or modi
fied. Among the cases tried before
him were some of the most celebrated
uiuicume, 10-wu : ine miiiams-iihave
The Williams-
port bond case, amount involved moreUve! received any bribe to blind
than ha f a million dollars , the city ot jraine cyes therewith ? " And no man
i miiuciuiua agdiiisi risner, invoivinnm a 1 that vast assemh tnnA nn tn'
tiu.iiiu;-. - . . T7"- 1 : 1
title to 12,000 acres of land; thell.irr.iisi. him T An not hi;. thatl
Cameron will case ; the trial and con
vicuon 01 me inree Mome Maguiresiijudges ended with Samuel. We all
for murder, whose execution, in con Unow that could the people of this
nection with convictions in otherSiudicial district be gathered in onel
counties, broke up the most desper
ate gang of murderers and outlaws'
that ever existed in this country.
The Judge was for 18 years presi
lent of the board of trustees of the
State Normal School, of Bloomsburg,
an institution in the prosperity oft
which he took a deep interest.
He was twice married: in 18 12 to
Clamana Shaw, daughter of Loren
Shaw, Esq., of what is now Waverly,
N. Y. liv this wife he had four chil
Iren one of whom survive their moth
er, who died October 5, 1840, to-wit :
Clamana E., widow of P. H. Smith,who,
was btate Senator from the Shebov
;an Wisconsin District. Two died
n infancy, and William, the oldest
son, moved to Wisconsin, where he
lied a few years ago. He held the
office of Mayor of the city of She 5
boygan for several terms, was once
nominated by the Democnts for Con
gress, and held many other offices of'
public trust and confidence.
On the 19th day of September,
1844, the Judge married Mary Louise!
1 nayer, daughter ot Col. K. Thayer,
of Watkins, Schuyler Co.. N. Y. Six
children have been born of this mar
nage, four of whom are living : Eph
rami W., agent of the Lehigh Valleyathe minister of fustice. that after more
Railroad at Towanda ; George E., at
In November, 1887. Tudge Elwell!
aught a heavy cold while holdini;
court in Danville, and his illness dates'
irom that time. He spent the follow
ing winter in Florida, seeking renewed?
health, Dut without avail, and on July
i 1st, 1888, he tendered his resignation
to the Governor. if
A meeting of the Bar was held andij
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Hotel on Friday, October 10th i8S8.5aState and National fame. Allofthp
j At that time there were gathered to
Bljether a greater number of distinguish fcf
- u itiu man nave ever assemoieo m
me maie, ueiore or since, on a similar
occasion. There were present ! Hon.
V. T. Davies. Lieutenant Governor
judges J. B. McCollum, of Montrose ;!
u. Morrow, of Towanda. C. L
Pershing and D. B. Gren,- of Potts
vine : a briEht. of A lntnum n
E. Rice, Wilkes-Barre : R. W. Arch
jville ; E. M. Dunham, Laporte j Judge
.1 r . ..,.-,... o
Edward Elwell, of Beaver Dam, Wis.,
md many others.
Col. Freeze, acting as toast-master,
proposed the following toast :
Our Guest. Closing a Judicia
life fruitful with judicial learning
adorned with virtue, a true citizen, e
steadfast friend, a benevolent man
we tender our retiring Presiding Judge
this tribute to his character and
worth."
In his opening remarks the Col.
isaid, among other things :
" I have seen as advocates before
him in our Court, the most distinguish
ed lawyers ot the state. I may be al
lowed to name on this occasion :
Judge Jeremiah S. Black, Judge
tjeorge w. woodward, Judge Joht
W. Maynard, Hon. Franklin B.
Ciowen, Gov. Henry M. Hoyt, Judge
tulward Uwen Parry, Judge F. Car
roll Brewster, Hon. Francis W.
Hughes, Mr. Atty. GenL Palmer.
with many other rifted and able men.
If I were to attempt a sketch of the
Honorable William Elwell I should go
pack almost titty years, and say that
as a legislator, he is the author of the
statute abolishing impris6nment for
debt as a lawyer, that more than a1
hundred cases in the books attest toi
the Su
that heM
nomi-Joortant criminal and civil causes.
...u:..i. .1...: i. : i i
In closing his response to " Then
Demo-Mjudiciary Judge C. L. l'ershing
est of the evening, and the occasion
has suggested to me a grand historical'
scene which transpired many centuries
ago, when a great judge was about to
ay aside his robes of office. We are
told that Samuel gathered the people
at Gilgal, and standing in their pres
ence said, " I am old and gray headed.
Behold, here I am ; witness against
me before the Lord. Whose ox have
la I taken ? or whose ass have I taken ?.
t onnresse(l Of whose hands'
..."
-llthei line of able and incorruptible
ireat assemblage, that Judge Elwell
could proudly stand before them and
say, " I am now o'd and gray-head
ea, ana tnen challenge them as
Samuel challenged the people in his
lay, and that every voice would res
pond as was responded to Samuel,
" i nou hast not defrauded us, non
oppressed us, neither has't thou taken
aught of any mans hand."
Judge Elwell s reputation as a jurist
is known throughout the State, and
beyond its borders. He has not wait
ed for posterity to build him a monu
ment. It is one of John Ruskin's
tnougnis, tnat we should so act ourg
parts on the stage of life, that care
less of what monuments may be erect
hHb
ed Dy others over our graves, eacl
siiouiu ouud his own as he passes
through the world; monuments by
which men may De taught to remem
ber, not where we died but where we
lived. Judge Elwell has obeyed this!
injunction. He has built his own
monument. In my county of Schujl
kill, where he has in times past tried
important cases in her Courts, he
commands universal love and respect.
li wm ever De spoken to his honor.
and to the honor of his children, and
t the people to whom he was so long
jlhan twenty-five years of able and
:onspicuous service, he voluntarily
laid aside the Judicial ermine as pure
ina unspotted as it was the day on
vnicn ne put it on."
Lieut. Governor Davies said
'I first knew Judze Elwell when he
was in the prime and vigor of life, in
tull practice at the Bar of Bradford
county, in the year 1856. He was as
sociated then with men who were con
iidered giants in their day and time
Wilmot, Mercur, Overton, Adams,
Watkins. Patrick. Pierre and others
.i .. ' ' '
Shave crossed the silent river. Not
ne of Judge Elwell's contemporaries
ot an eariy date are now living
1 cniercu nis law omce in the year
1S59 for the study of law. He was at
that period King of our Bar. As he
appeared then before the bench in ad
vocacy of his client's claims, he was al
rand specimen of true physical andM
ntellectual manhood, and was dis
anguished for the force and simplicity
01 nis worus and manner. He left us,
md for twenty-six vcars he has been
here amonurst you. and during thai
time has borne the commission, with
the broad seal of the Commonwealth,
as Judge ol your District.
1S95.
$8 Beautiful Overcoats $10, $12 $15 and up to $25
w Excellent fine sack and cutaway Suits $10.
PROBABLY
IT IS
e Most presumptuous in us to
as it would be for you to tell us we did not know our B
business.
We have devoted years of study to ihe proper
make of attire. Intelligently conducted research has
developed many points which are now embodied in the 8
perfectly
Made to-wearClothes. 1
The right kind. Not the ordinary. ;
The SteinBloch Kind.
The Adler Kind.
"These are wholesale tailor made."
That is, tailors do all the work, but not at tailor's 3&
prices. liieres saving in
There's
jgk more of that thau the ordinary tailor can give
38 We want to meet you
';c Bloch or Adler suit or overcoat. You can send it back
Q i . rite-
ana get your money u it
tion in every way.
Bradford county, however, has never
surrendered Judge Elwell entirely to
you, for her people always remember-!
ed that he was born on her soil, reared
in her schools, his youth, early and
middle life spent amongst them. His
children were nearly all borne there j
some of them lie buried in the River
side Cemetery, on the banks of your
Mown loved Susquehanna, near his old
home.
Columbia county now rightfully
claims him as one of her citizens.
Bradford county also before and since
he has left us, ever will claim him as
her own, tor. among all creeds and
classes of men with us, he has ever
een looked upon with admiration
land love."
Judge Morrow, of Towanda, him
self then in failing health, closed his
remarks with these words :
"It is said that "sailors on a voyage
drink to friends astern until half way
across, and then, it is to 'friends
ahead. With your distinguished
;uest, and with somi others here, it is
mends ahead. it is toward even
ing with some of us. The lights on
the other shore are almost in sight.
"It shall come to pass that at evening
time it shall be light" and shall I not
add "Lead, kindly Light'?"
He saw the "lights on the other
,hore" some yean ago.
Many other excellent speeches we're
made and letters were received from
Hons. Wayne MacVeagh, F. Carroll
Brewster, Judges Rockefeller, Wood
ward, Bucher, Walker, Furst, Hard
ing, Ingham, Dresher and others.
During tjie past eight years Judge
Elwell has been an invalid. In all
that time no word of complaint has
passed his lips.' The beautiful traits'
of his christian character have shone
out resplendent, and he has been pa
tiently waiting to be gathered to his
fathers. He was a pure, honest and
ncorruptible judge, a devoted hus
band, an indulgent and loving father
and guide, a noble citizen, a saintly,
jodly man. He was a member of the
hpiscopal Church, and a regular at
tendant until his hearing faded.
The following minute was made in!
Kthe records of the court on Tuesday
In behalf of the Members of the,
Bar of this Judicial District and the
sorrowing mends generally ot tne lion.
William Elwell it is announced 1 That
we have heard with deep regret of his
death. 1
This is not the time or place to do
NO 42
assume to tell you that B
every tlnng but qualitv, o
and have vou try a Stein
does not meet your expecta
justice to his virtues as a man, or his
merits as a lawyer and a Judge. As
our friend we mourn his death. At a
public meeting of the Bar to be held
in the Court House, in Bloomsburg,
on Friday the 18th inst. at 9 o'clock
a. m., justice will be done to his mem
ory. From there we will attend his
funeral.
1 he clerk will inscribe the forego
ing upon the records of the Court and
send a copy of the same to his family
wun wnom we sincerely sympathize in
their affliction.
E. R. Ikeler, P. J.
John G. Freeze,
t--1 rres. liar Association.
Bloomsburg, Pa Oct
15, 1895.
Resolutions Passed by the Town
Council Upon the Dath of Hon.
William Elwell.
At a meeting of the Town Council
held last Tuesday evening, the Presi
dent of the Council announced the
fact of the death of Hon. William
Elwell, and with appropriate words,
spoke of his high character as a
fellow townsman, and an eminent
Judge ; and closed by calling the at
tention of Council to a suitable
expression of the regard in which the
Judge was held by his fellow citizens.
Whereupon, on motion of Mr.
Gorrey, seconded by Messrs. Lockard,
Kester and Wilson, the following reso
lution was passed and directed to be
entered upon the minutes :
We have learned with great regret
of the death of Hon. William Elwell.
As a citizen among us, he 'was in
terested in the cause of the education
of our youth ; the welfare of our
Town ; a kind, considerate and
trusted neighbor.
As a Legislator, he sought and
achieved through his laboft, the good
of the people of the commonwealth.
As Judge, he was dignified, imnar
tial and just.
He was a good man. He was a
just Judge.
1 he citizens of this Town, hold his
memory in grateful remembrance.
We recommend that the various
nlaces of business in the Town be
closed during the hour of the funeral
on Friday next.
That this action of Council be pub
lished in the local newspapers ; and
that the Secretary send a copy of the
same to tne lamuy ot the deceased.
Passed unanimously.
Attest. R. JI. Ringlef, Sec'y.
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