The Murder Trial of Frank and Angelina Borgio

Saturday June 17, 1916 marked the beginning of the trial of the Commonwealth of Pennsylvania v. Frank Borgio and Angeline Borgio.  On May 2, 1915, Frank Borgio went to Iselin at approximately 9:00 a.m., he and his wife were leaving their home in Nowrytown, because of the lack of work.  They had planned to spend the day with friends in Iselin, prior to leaving town.  The couple arrived in Iselin and awaited the return of Sam Russo, when he got off of work in the mines which they knew would be around 5 or 6 in the evening.  When Russo returned from working in the mines.  Now the Borgios knew Rosso as he was at one time a border with them. He greeted Mrs. Borgio, as he normally would, and she returned the greeting.  Just as he was entering the boarding house, Mrs. Borgio drew her hand which was covered with a handkerchief, which concealed a revolver and fired twice, both shots lodging in Russo’s back.

Russo ran through the basement of the boarding house and was on his way to the first floor when Frank Borgio appeared and fired three shots, two of which hit Russo.  Frank Borgio left the house and the injured man tried to reach his room on the second floor.  Mrs. Borgio escaped those who could have detained her, raced up the stairs and came face-to-face with Russo, being exhausted, had sunk to the steps.  Without saying a word, Mrs. Borgio drew the revolver and fired twice, striking Russo in the face.  Despite these life-threatening wounds, Russo lived almost two hours.

In the meantime, a foreigner had secured a gun and ordered Frank Borgio to hold up his hands, but some intervening force caused Borgio to escape along with his wife. The couple got in a car and went as far as the Conemaugh Township election house, and then continued on to Nowrytown.  The couple was arrested on the Owl train of the Pennsylvania Railroad in Saltsburg.  They were brought to Indiana on May 3, 1915 by Sheriff Boggs.  Mr. and Mrs. Borgio were approximately 30 years old, and expressed no regret over what they had done and took their imprisonment nonchalantly.

At the time of their arrest, Mrs. Borgio told Sheriff Boggs that her husband was jealous of the alleged suspicious attentions Russo had paid to her and the best way out of the family difficulty was to do away with the cause of it.  They planned and executed the murder. 

During the trial, the defense claimed that Russo had assaulted Mrs. Borgio.  The alleged assault is said to have occurred in July 1914, while no one was at the home, except for Russo.  Russo allegedly solicited improper relations (today we would call this either sexual assault or potentially an attempted rape), but she refused.  Russo is then said to have pointed a pistol at Mrs. Borgio and made various threats and accomplished his purpose.  After the assault, according to Mrs. Borgio, Russo stated that if she told anyone about what had happened, he would kill her.  Because of the threats, she did not tell Mr. Borgio, but he had heard through rumors around town and confronted his wife, and she then told him the story.  The defense claims that Borgio immediately declared his wife’s honor had to be avenged, and that is when they planned the murder.  

When the jury first went to deliberate, their first vote on the charge against Frank Borgio came in with 11 for first degree murder and one for second degree.  The second vote came in with 8 for first degree and 3 for second degree.  The third and final vote by the jury came in a unanimous guilty for murder in the first degree.

The vote for Mrs. Borgio came in the first time at 1 for first degree and 11 for second; the second vote resulted in a unanimous vote for conviction of murder in the second degree.

After the verdict was announced, Attorney James Mack, for the defendants, made an application for a new trial.

Frank Borgio was calm as his sentence was imposed, aside from a shrug of his shoulders, he maintained his quiet attitude which marked his entire captivity.  When Mrs. Borgio learned of her and her husband’s sentence, she became hysterical.  After the sentencing, when Mrs. Borgio was returned to her cell, she made threats to kill herself, so to avoid this from happening, a guard was placed with her until the time for her to be taken from the Indiana Jail to the Western Penitentiary, where she was to serve 10 to 15 years.

The sentence was as follows:

The verdict rendered in this case requires the Court to impose upon you the most serious penalty known to the law.  The sentence about to be imposed upon you is not the discretionary act of the court; it is the sentence of the law.  The jury has found you guilty of causing the life of Sam Russo to be taken and the jury has also found that you did it willfully, deliberately and premediately and without excuse or justification.  You had a fair and impartial trial and was defended from the beginning to the end by able, zealous and conscientious counsel.  Your situation at this hour appeals most feelingly to our sympathy.  We trust that you make so direct the remaining days of your life that you may meet the end with fortitude.

And now, January 8, 1917, You, Frank Borgio, being in open Court, the motion for a new trial and reasons therefore having been carefully and fully considered, it is ordered overruled, and it being demanded of you in open Court if you had anything to say why the said Court of Oyer and Terminer should not proceed to judgment and sentence against you, now, therefore, the sentence of the law is that you, Frank Borgio, here present in open Court, he taken hence to the jail fo Indiana County from whence you came, and that from thence at a time later to be determined, you be transferred to the custody and keeping of the Warden of the Western Penitentiary in Center County, Pennsylvania, and there by him detained until such time as His Excellency, the Governor of the Commonwealth, by his warrant may direct, and at such time you be taken to the place of execution at said penitentiary and that a current of electricity of sufficient intensity to cause death be then and there passed through your body and so continued until you are dead.

And may God, in His infinite goodness have mercy on your soul.

On January 9, 1917, it came time for Mrs. Borgio to be taken to the Penitentiary, a sorrowful good-bye was shared between Mrs. Borgio and Mr. Borgio. 

Sheriff Harry A. Boggs, along with County Commissioner W. Bruce Wagner, and some newspapermen read Frank Borgio the Governor’s warrant fixing the week of September 10, 1917 as the time for his execution.  Afterwards Borgio remarked, “There’s no law in this country for me,”  and proceeded to make preparations for his departure to Rockview, Center County, where the execution was to be carried out.

A stay of execution was issued by the Governor late on Saturday September 8, 1917, which postponed the execution until November 5, 1917.  In the interim period, the Pardon Board would review the case.  A recommendation was made that an Executive Order be issued which would commute the death sentence and substitute a sentence of life.  This recommendation was made by the Pardon Board and submitted by Frank B. McClain, Lieutenant Governor; Cyrus E. Woods, Secretary of the Commonwealth; Francis Shunk Brown, Attorney General; and Paul W. Houck, Secretary of Internal Affairs. 

Frank Borgio was pardoned by the State Board when his sentence was commuted to life imprisonment.  

The story does not end here, as a further order of court was made on October 24, 1930:

And now, October 24, 1930, it appearing to the Court that in October 5, 1921, this Court made an order of removal of Frank Borgio from the Western Penitentiary to the Farview State Hospital for the Criminal Insane at Waymart, Wayne County, Pa., pursuant to the report of the Commissioners who were appointed to inquire into the mental condition of the said Frank Borgio; and it further appearing to the Court that the said Frank Borgio has been treated in said institution since his admission therein, and upon petition of William M. Lynch, Superintendent, praying that this Court make an order discharging the said Frank Borgio from the State Hospital for the Criminal Insane for the reason that he has sufficiently recovered, and no longer needs the custodial care and treatment of said hospital.

….where he has been serving a commuted life sentence for the crime of first degree murder for which he was convicted June 21, 1916.

….Direct Elmer Borland and return the said Frank Borgio to the Western Penitentiary, located at Pittsburgh, Allegheny County Pa…

J.N. Langham, P.J.

It was reported in the Indiana Evening Gazette on January 16, 1931 reported that Borgio would get his freedom as he was issued a commutation of the minimum sentence, however, it was not reported when or if he was released, as there seems to be no further mention after this date.

Harry White: General, Senator, Judge, and Master of Croylands

For a Judge in Indiana County to bear on his arms the teeth marks of bloodhounds employed to track down escaped prisoners is quite unusual, but Harry White was a most interesting person in Indiana County history.  In fact, his long and eventful career is likely unsurpassed in local annals with respect to versatility, public service, and sheer drama.

Harry White was the fourth and youngest child of Thomas and Catherine White and was born in Indiana in 1834.  His father was the distinguished Judge of the 10th Pennsylvania whose only fault, according to a lawyer friends, was that “I sometimes thought he leaned a little against me in a trial lest it would be thought that his friendship affected his fairness and impartiality on the bench.”

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Harry White

Young Harry received his early education at Indiana Academy (located on the site of the Clark House) and from private tutors.  In 1850, he entered the College of New Jersey (now Princeton University) which awarded him his degree in 1854.  Although he desired to go south which one of his classmates and teach school, he yielded to his father’s request to return to Indiana and begin the study of law.  After serving a two-year apprenticeship in his father’s law office, Harry passed the bar examination administered by a special committee of three lawyers. Characteristically, he assisted in the trial of a case the day following his admission to the bar.

That same year, 1856, the Republican party emerged as a power in national politics.  Despite the fact that this was the first national election in which the 22-year-old barrister voted, he became so actively engrossed in the new party’s anti-slavery stand that he was named the first Chairman of the Republican party in Indiana County.  He made his maiden political speech in Blairsville which he followed up with such a vigorous campaign that Fremont, the Republican Presidential candidate, swept the County by a whopping majority.

Assured of a bright future, Harry White in 1860 married the lovely Anna Lena Sutton whose family occupies a prominent position in Indiana County.  They had two daughters and two sons.

Attorney White’s political zeal and prowess were noted by party leaders who marked him as a comer in the party.  In 1859-60 he entered local politics by getting himself elected to the Indiana Borough Council.  However, the outbreak of the Civil War interrupted White’s rising political stardom for four years.  Organizing a company which elected him Captain, he tendered the unit to Governor Curtin who politely rejected it.  When Captain White inquired why the Governor had not accepted his offer, Curtin replied: “I did not accept you because of the request of your father.  You know, Harry, how highly I esteem your father, and with tears in his eyes he besought me not to accept you for service as you were all he had at home.” (Harry’s sister, Juliet, had died in 1853 and his two older brothers, Richard and Alexander, had left Indiana.)

After cogitating a moment on the Governor’s explanation, Harry replied: “I am sorry to distrust my father, but I feel it my duty to go into the serve and I am going, if I have to carry a musket.”  Sensing White’s firm resolve, the Governor rejoined, “If that is the way of it I will commission you as Major of the 67th Regiment, which is struggling in recruiting at Cammacks Woods at Philadelphia.”

Upon receiving his commission, Major White proceeded to recruit and organize his regiment which went into active service during the early part of 1862.  For a while the regiment was detailed to protect the railroads around Washington, after which it was sent to Harper’s Ferry and Berryville which commanded the approaches to Virginia’s lush Shenandoah Valley, “Breadbasket of the Confederacy.”

While White was thus serving with the Union Army in Virginia, the votes of his senatorial district, which then comprised of Indiana and Armstrong Counties, elected him to the Senate of Pennsylvania.  President Lincoln granted the Major a leave of absence to attend the legislative session which convened in January 1863.  During the ensuing months, he occasionally slipped away to visit his troops, and he turned over his entire Senate salary to the Soldiers’ Relief Fund of Armstrong and Indiana Counties.

In the spring of 1863, he rejoined his regiment just before General Lee began his northern invasion which culminated in the battle of Gettysburg. White’s force marched his regiment to Winchester to reinforce General Milroy whose division was crushed and swept aside by the advance of General Richard Ewell’s corps as it surged toward Pennsylvania.  In this decisive engagement the redoubtable 9th Louisiana Tigers captured Major White.

At this stage of the war, the combatants had discontinued the practice of exchanging prisoners.  Hence, Major White was incarcerated at Libby Prison in Richmond.  Here he languished until the fall of 1863 when an agreement was reached for the exchange of surgeons.  Seeing in this ruling an opportunity to escape, White disguised himself as a surgeon and was taken aboard a flag-of-truce steamer which sailed down the James River toward City Point where the exchange was to be effected.  As the boat neared its destination, the Confederate commissioner in charge of the exchange received word that Major White was aboard disguised as a surgeon.  Thereupon he ordered the prisoners to line up and demand that Major White “come forth.” The Major manfully complied without hesitation, but contended that he had a right to employ any stratagem to escape.  The Confederate commission did not dispute this point, but nevertheless returned his charge to Libby where he was confined in a dungeon until Christmas.  Then he was transferred to the prison at Salisbury, North Carolina where he was placed in solitary confinement for the remainder of the winter.

The severe treatment meted Major White was occasioned partly by his effort to escape and partly by a political situation.  The latter centered around the equal division of the Pennsylvania Senate into “hawks” and “doves” with respect to the prosecution of the war.  As White was an avowed “hawk,” the Confederate government resorted to extreme measures to bar his escape or exchange even though the Federal government offered a captured Confederate Major General and several officers of lesser rank in return for the Indianian.

During the spring and summer of 1864, several attempts were made to move White to notorious Andersonville Prison in Georgia, but each time he managed to escape only to be recaptured.  On his last escapade the Major was recaptured after 29 days by vicious bloodhounds which left deep teeth scars on his arm.  In September, after 16 months of debilitating imprisonment, Major White finally rejoined the Union Army near Atlanta by using a ruse to get out of prison and joining a group of prisoners who were being exchanged after the Atlanta campaign.

After serving briefly with General George Thomas in the Nashville campaign, Major White returned home, reaching Indiana on the night of October 5, 1864.  He quickly regained his normal vigor and early in November he attended a reception in his honor at the Academy of Music in Philadelphia.  Governor Curtin, the master of ceremonies on this felicitous occasion, called on the hero from Indiana to recount his harrowing experiences.

In the waning months of the war, Governor Curtin commissioned Harry White Colonel of the 67th Regiment, and upon his discharge, President Lincoln brevetted him a Brigadier General.

Returning to Indiana after Appomattox, General White zestfully re-entered the political arena.  Beginning in 1865 he served in the State Senate until 1874 at an annual salary of $1,000. As party leader in the Senate, he sponsored a number of important measures including the Evidence Act of 1869 which permitted interested parties to testify on their own behalf in court cases.  He also spearheaded the drive for a Constitutional convention which met in 1872-73 to reform and update the State Constitution.

Among Senator White’s major legislative achievements was the framing and passage in 1871 of an act which chartered and appropriated $20,000 to establish the State Normal School at Indiana (now IUP).  This grant provided the stimulus and encouragement needed to proceed with plans to purchase land and construct buildings.  For this new educational enterprise, the Senator personally lent his support to the project by attending the meeting in County Superintendent J.T. Gibson’s office at which the Normal School Association was formed. Subsequently, he generously subscribed to stock in the school and served on the Board of Trustees for over 40 years.

About this time, Senator White built Croylands, a commodious 13-room gabled, frame house.  It was erected for $6,000 on land which had belonged to White’s father; Croylands became a prominent landmark.

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Croylands

In 1872, Senator White became a candidate for Governor but lacking machine support he lost the nomination to General Hartranft.  Four years later, White was elected Congressman-at-Large from the district encompassing Armstrong, Clarion, Forest, Indiana, and Jefferson Counties.  Shortly after assuming his seat in the 45th Congress, White was appointed a “visiting statesman” to assist in the arbitration of the Hayes-Tilden election.

In Washington, Congressman White secured an appropriation for the improvement of the upper Allegheny River designed to make it navigable during all seasons.  He also served on the Burnside Military Commission which revamped the organization of the U.S. Army.  During his first time, he vigorously espoused a Constitutional amendment which would provide for the popular election of U.S. Senators at the polls, but in this he was 30 years ahead of his time.

At the age of 50, Harry White departed the national and state legislatures to run for president judge of his judicial district which covered Indiana County.  He served in this post with distinction from 1884 to 1905.  His tenure was marked by a series of controversial decisions involving the granting of liquor licenses.  As state Senator he had authored a law whereby the court received, heard, and passed on license applications.  Upon ascending to the bench, Judge White adopted the policy of deciding each case on the basis of the petitions which were filed for and against the granting of a liquor license.  The result was that he granted no such licenses during his first ten-year term, and consequently, Indiana County was without a hotel licensed to sell alcoholic beverages.

The liquor interests retaliated by organizing the opposition to Judge White’s re-election, and they almost succeeded.  After winning the contested election by less than 100 votes, Judge White responded to the sentiment expressed by the voters and henceforth approved a number of liquor license applications.

Judge White left the bench in 1905 to resume, after a long interval, his successful law practice and to engage in numerous business and civic activities.  As the largest individual landowner in the county, he frequently inspected his 1,000-acre domain astride his dark mount, Croylands.  His spare figure also was a familiar sight in town where he served as president of the Indiana County Deposit Bank which his father had helped organize.  He was first Master of the Indiana Masonic Lodge No. 313 and served as the commander of the G.A.R. in Indiana.

On the morning of June 23, 1920, Harry White died at Croylands and was buried in Oakland Cemetery.  His 86-year career, which bridged two centuries, constitutes a proud and notable chapter in the history of Indiana County.

Indiana County Judicial System Part IV

In 1894, Judge Harry White came up for reelection; he had been on the Bench since January 1885. White was reelected, but by a narrow margin, and despite numerous efforts to put himself in a favorable light, as discussed in a previous post, Judge White had a controversial career, and he tread a thin line between ethical and unethical actions. However, White was unable to erase the memories of 1894-95, because when the election of 1904 came around, he was defeated for a third term, and never held an elective public office again. He was succeed by Stephen J. Telford who served until January 1916, when Judge Jonathan N. Langham took over his seat.

judge telford
Judge Stephen J. Telford

During the late 1800s and early part of the 1900s, Indiana County was fortunate to have the honor of having two of its native sons on the Supreme Court of Pennsylvania. Justice Silas M. Clark (who died November 20, 1891 in office and was eulogized during a moving funeral) and Justice John P. Elkin, who after serving as Attorney General of Pennsylvania from 1899-1903, was nominated in 1904 for the PA Supreme Court, was elected and took his place on the bench in January 1905 serving until his death on October 3, 1915.

The period from 1891-1916, saw an increase in crime, due in part to a “Wild West” climate in some of the new mining towns; there were numerous murders and other crimes and disturbances. This can been seen in 1898 in Glen Campbell and in Whiskey Run in 1911 which resulted in four deaths.

By 1920 the courthouse was showing its age at 50 years old. When it was constructed, electricity and modern toilet facilities were unheard of, therefore remodeling needed to be completed at various times. In 1917, there was a $3,370 contract for public “comfort stations” to be put in in the courthouse basement. Then in 1929 it was decided to complete the basement, it was previously divided into rooms but never finished because the space was not needed. A street-level entrance to the basement was provided, which eliminated the former steps on the Sixth Street side to the first floor. The toilets on the first floor were removed and two toilets were provided in the basement, along with eight office rooms.

Another addition was begun in December 1917 and completed in the spring of 1918: the “Bridge of Sighs” connected the courtroom with the jail.

By the time the Depression hit, the courthouse needed painting and maintenance, estimated at a cost of $600; the labor was to be provided by the Civil Works Administration. Officials and attorneys contributed $290 toward the cost. Another incident during the Depression Era, was the leaning of the courthouse tower which was noticed by June 1936; an option discussed was the removal of the clock tower, but this was met with protests from citizens. Other plans during this time included the removal of the stone wall and the iron fence surrounding the courthouse, cleaning and painting the exterior, raising the roof and constructing an additional story, remodeling the interior to provide much needed office space, and the installation of an elevator. The Grand Jury approved the project, with labor to be done as a W.P.A. project. By late July, the local WPA office approved the repainting of the courthouse and jail, and Washington also gave its approval on September 11; but the commissioners cancelled the project due to the impending cold weather and the cost of scaffolding. In December the Grand Jury were presented with reconstruction plans, but postponed the matter for further study.

It was in 1923, that women began serving on juries. The Indiana Evening Gazette reported on May 1, 1923 that 73 women accepted to serve on the grand petit and traverse jurors along with 131 men. To put this in perspective Congress passed the 19th Amendment on June 4, 1919 and being ratified on August 18, 1920, giving women the right to vote.

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Jury Chairs 9 and 10

It was also during this period that an amusing incident occurred on January 5, 1924. The story begins when everyone in the courthouse began to cry, investigators found two rapidly emptying tear gas bombs in the corridor, and the mystery as to why everyone was crying was solved. It seems that outgoing Sheriff J.R. Richards had the bombs to use in a scattering a mob, and two practical jokers thought it would be fun to release them, that is until they were among the ones weeping. The windows and doors to the building were opened, and the gas weakened, but they had to be closed at the end of the day and the fumes began to collect again. On Sunday morning, the Lutherans, entered the building to worship in while their new church was being constructed; however, they were almost forced to leave due to the fumes.

The final era of the judicial system that we are going to look at is moving into the modern era, mostly after the 1950s through the 1980s. Starting in the 1950’s the grandeous courthouse was described as an “eye sore” and there was a proposed modernization of the building which was estimated to cost between $800,000 and $850,000, but these proposals got no further than the planning stage. Then on October 29, 1962, plans were announced to construct a new courthouse at the rear of the old courthouse, but the Gazette ran several editorials in November which disagreed with the choice of a site and urged that the Pennsylvania Railroad station site (on the corner of Eighth Street and Philadelphia) be chosen. Bids were advertised around January 1, 1965, but it wasn’t until December 7, 1966 that the Commissioners chose the PRR site.

The public got a preview of the new courthouse on June 3, 1967 when the Gazette published a picture and plans. By August the Indiana County Redevelopment Authority purchased the entire PRR property for $300,000 and transferred a portion of the property to the county for a courthouse. On December 6, the Commissioners approved a $2 million bond issue to finance the problem. Construction contracts were signed on January 3, 1968 and ground-breaking ceremonies were held on January 10. Construction continued through 1969 and by the beginning of 1970 contracts for new furnishings were awarded. The last session of court in the old courthouse was held on November 2, 1970; and on December 17 the last county office, the prothonotary, moved out and the doors were padlocked soon afterward.

The Commissioners announced on April 22, 1971 that the old courthouse would be sold in the near future. This set off a history of the old courthouse. There was an auction of the furnishing held in June. In May 1972 there was a survey related to the distribution of the courthouse with three choices: retain the buildings and the property, retain the land, sell to the highest bidder. A large majority desired to keep the old courthouse. By the end of the year the National Bank of the Commonwealth (NBOC) made a proposal to lease and restore the building for bank purposes.

Renovation work began during the summer of 1973, starting with the placement of the old courthouse on the state and national registers of historic places. An “Open House” was held on October 1974.

The new courthouse proved to be less than ideal. There were some people felt that the colonial design was inappropriate, because Indiana did not exist during that period. Moreover, the structure proved to be poorly insulated, heating cost exorbitant, and expensive corrective measures had to be taken. In 1987, at an estimated cost of $200,000, asbestos was removed.

Ground-breaking of a new jail took place on September 9, 1972 and the $1 million 3-story facility was dedicated on September 28, 1973 but not occupied until the end of October. The issue of jailbreaks did not end, and the first occurred on September 21, 1974, followed by three more on November 3. The jail was referred to as the “Ninth Street Hilton.” There were suggestions to put bars on the windows, on November 4 the Commissioners voted to proceed with the installation of bars immediately.

The justice-of-the-peace system was replaced by the District Justices, first elected in 1969 and taking office in January 1970. The first district justices were: James Lambert, Geraldine M. Wilkins, Louis J. Nocco, and Albert Cox. Mrs. Wilkins was the first Indiana County woman to hold the post of District Justice. Judy Monaco was sworn in on May 3, 1971 as the first female member of the Indiana County Bar Association and the first to be admitted to practice in the new courthouse.

Another big change during this period was the elimination of the indicting grand jury system, which was authorized by a 1973 constitutional amendment. The last Indiana County Grand Jury closed its work in December 1978.

The Indiana County Judiciary system is continually changing, with the election of new judges, new District Judges, and the admission of new attorneys to the Bar Association.

Indiana County Judicial System Part III

The development of the judicial system of Indiana County continued into the late 1800s and early 1900s, and it was during this period that there were many significant changes.  The old courthouse was demolished in 1868, but until the time that a new courthouse could be built, the county officials had to find temporary offices.  The prothonotary moved to a store room of Edward Nixon on North Sixth Street adjoining the old jail.  The Register and Recorder and Sheriff moved to George Bodenhamer’s “new office” in the back of Sutton & Wilson’s store which was on the south side of Philadelphia Street at the corner of Carpenter Street.

The Judges

Judge Joseph Buffington of Kittanning continued to preside over the courts of Indiana County under the old Tenth Judicial District, which comprised Armstrong, Indiana, and Westmoreland counties.  Judge Buffington continued to preside until 1871 when he resigned due to his health.  James A. Logan of Westmoreland County was appointed to fill the vacancy until the next election in October of 1871.

It was during this time that judges began to be elected to the bench.  Silas M. Clark was the Democratic candidate and the Indiana Progress reported his selection as “The Democratic Scuffle.”  The reason for this was because H.K. Sloan, who was favored for the State Senate nomination, but could not be nominated because conferees from other counties would not be happy on two district candidates coming from the same county.  Clark was confirmed on July 9 at the Democratic Conference in Pittsburgh.  The Indiana Progress reported that it was rumored that a few Republicans in Indiana contemplated voting for Clark for Judge because “he [wa]s a very clever gentleman.” In the end Clark was defeated in the district by a vote of 3,944 for Logan and 2,613 for Clark.  A possible reason for Logan’s lead was that he was solicitor for the Pennsylvania Railroad, and on election day trains were sent to haul voters to their polling places free of charge.  In later years Clark declared “Judge Logan was a good, able and just judge.”

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Judge Clark

Judge Logan served as judge until the Fortieth Judicial District was formed, which under the new Pennsylvania Constitution, consisted of Indian County alone.  The provision made counties of forty thousand people or more separate judicial districts.  In the election in November 1874, John P. Blair was the Republican nominee for judge, running against Judge Logan.  Blair was elected and took office on January 4, 1875.  When he took office there was a backlog of cases, which had been delayed for several years because the previous judges just found it impossible to keep up the case load of three counties.

The new constitution abolished the office of Associate Judge.  John K. Thompson and Peter Sutton were replaced in 1866 by T.B. Allison and Joseph Campbell, who held the office until 1871 and was succeeded by Peter Dilts, Jr. and James S. Nesbit.  Nesbit resigned in February 1874.  The last to serve as Associate Judge in Indiana County were William Irwin (who succeeded Nesbit), serving until January 1, 1875; and Peter Dilts, Jr. When his term ended in 1876.

Judge Blair left a clean docket when his term ended in 1885 and was succeeded by Harry White.  It is said that none of Judge Blair’s decisions were reversed by the higher courts, which is aspiration of many judges on the bench.  Judge White was elected in November 1884, defeating A.W. Taylor, who ran as an independent, by a vote of 4,200 to 3,787.  Judge White’s twenty-year career on the bench was controversial, even questionable; he was very active politically, and at times his political conduct was extremely partisan, undignified, and treaded a thin line between ethical and unethical actions.

New Courthouse

James Allison - Murder Trial Indiana County 1880

In 1867, two consecutive grand juries urged that a new courthouse be built, and with Court approval, they instructed the Commissioners to proceed with building a new building.  The reasoning behind this push was that the old courthouse seemed to be inadequate.  The plan was presented by Mr. Drum of Brookville, and the Commissioners adopted the plan in March 1868.  The cost was estimated to be $80,000 (to put that in perspective, that would be about $1.4 million today).  The Commissioners then requested an Act by the legislatures that would authorize the county to borrow the money to construct the new courthouse.  As with any large project, there was opposition to the construction of a new building, and there were even protests against the passage of the act, which was likely done to delay the taxation that was sure to follow to pay for the building.  Despite the opposition, the Commissioners advertised for sealed bids to be received by July 16.

On Sunday, August 9, 1868, a final religious service was held in the old structure, and demolition of the building was begun on August 11.  The contractor, J.T. Dickey, encountered financial problems, and his bondsman, Irvin McFarland, was forced to take over the contract in association with Philip Shannon, a former Jefferson County sheriff, in ordered to save himself.  There was some excavation and foundation work that occurred during the winter of 1868-69, but there was little other work completed.  In April 1869, courthouse architect, James W. Drum, moved to Indiana and work resumed.

Although work resumed, there were some other problems that arose.  On July 6, 1869, the stone cutters struck for higher wages.  It seems that one or two people took advantage of the excitement of the Fourth of July celebrations to induce the party to go into a strike.  However, about half of the force went back to work on July 7.  McFarland refused the leaders of the strike further employment.  Also, in July, a rope in the lifting apparatus broke, and a stone block weighing several tones fell and broke in two, this also caused damage to the steps at the west entrance.  The Mahoning sandstone blocks came from a quarry in the Tearing Run area near Homer City.  An advertisement on August 5, placed by McFarland, offered $2 per day for Laborers.*  The stone cutters struck again at the end of October or early November, but the cause is unknown.

The stone and brick work neared completion by August 19, 1869, and by November 3 it was thought that a few more days of good weather that the roof would be in place; however, this did not get accomplished until nearly the end of the month.  That winter, work proceeded on the interior of the building.  But there were still more problems, in February 1870 the county bond book was stolen.  The Commissioners offered a $50 reward for its return, and printed new bonds to be exchanged for the old ones.  In December 1872, James B. Work was convicted of forging County Bonds while serving as clerk to the Commissioners, and Judge Logan sentenced him to one year, eight months in the Western Penitentiary on February 2, 1873.

On May 16 and 17, 1870, a bell that weighed 2,480 pounds was placed in the tower.  It was cast in Pittsburgh by A. Fulton & Son and cost $1,017.87.  Later a large clock manufactured by the Howard Clock Co. Of Boston and Springfield, Ohio, and was installed by J.R. Reed & Co. Of Pittsburgh.  The clock faced in all four direction and a 75-pound weight operated the clock. By July 14, 1870, the scaffolding around the building was being taken down.

On September 10, 1870, the editor of the Indiana Democrat got a look at the inside of the new courthouse.  The courtroom was nearly completed at this point, although the stained glass windows that cost $1,000 were not yet installed.  The iron fence which surrounded the courthouse was completed around October 13.

The Commissioners took formal possession of the structure and settled with the contractor on December 3, 1870.  In January 1871, an accounting of the new courthouse was published: the cost of the courthouse and fitting of offices $136,093.38; furnishing $3,524.58; bell and freight $1,017.87; laying pavement around the courthouse $1,557.50; a total cost of $142,193.28.**

In the beginning the courthouse was heated by bituminous coal stoves and lighted by artificial gas manufactured in Indiana.  About 1884, the Commissioners chose to use anthracite coal, which lasted at least three years.  In April 1888, Sutton Brothers & Bell was given a contract to install a steam heating apparatus.

Jail Problems

During the mid-1800s, the old 1839 jail continued to be used, even though it had been branded “a most miserable sham” in 1866 when four prisoners escaped on March 9, 1866.  Richard Clawson, Samuel Ray and Lewis and Frederick Smith were arrested for “Outrageous Behavior” on February 16 – their behavior included drunkenness, rioting, assaulting people, and breaking into homes and damaging property.  Their escape occurred by raising a board in the floor, pushing down a stone in the cellar partition wall, entering the cellar, and then entering the street.

George Johnston escaped on February 27, 1868.  Then on July 15, 1875 six more prisoners – J.S. Lydick, David McCardle, D.L. Spealman, Archie Pounds, J.D. Reed and Hadan – escaped by cutting a hole through the plank on the top of the stone wall surrounding the jail yard.  Five more escaped in August 1876, and Jim Myers escaped in March 1877, followed by three more on May 14, 1877.  This was during Sheriff William C. Brown’s tenure, hence the jail became known as “Fort Brown.”  There were many more escapees than just those mentioned here.  In June 1880, the situation got so bad that Sheriff Daniel Ansley was forced to post a guard outside the jail day and night to secure three men who were “residents” of the jail being accused of murder.

Finally the on December 10, 1885, the Grand Jury found that jail was unfit for its intended purpose and recommended that a new jail be constructed, but not to cost more than $50,000.  Another recommendation from the Grand Jury was that the county need either employ watchmen to guard the prisoners or send them to another county.  This proposition was endorsed by another Grand Jury in March 1886.

On March 16, 1887, the plans for a new jail were published which included a residence and office for the Sheriff along with a two-story jail with a mail ward of ten cells measuring 42 x 52 feet, a female ward of two cells, 20 x 24 feet; a boys ward of two cells, 17 x 20 feet; a hospital room 20 x  22 feet; and a prisoners’ counsel room 7 x 22 feet.

The old jail was razed in April 1887.  The new jail was completed and accepted by the Commissioners on October 30, 1888 and the following day payment was authorized to Mr. Hastings, the contractor.  Total cost for the jail: $50,793.73.***

*This would be about $37 today.

**In today’s money the cost of the courthouse would be about $2.9 million.

*** In today’s money the cost of the new jail would be about $1.3 million.

Indiana County Judicial System Part II

As time progress, so did the court system in Indiana County.  To recap from last week’s blog post, Indiana County was part of the newly created Tenth Judicial District, which included Armstrong, Cambria, Indiana, Somerset, and Westmoreland County.  Jefferson County, which then included parts of present Elk and Forest Counties, was also attached to Indiana County for judicial purposes.  In 1818, Somerset County was transferred to the 14th District.

Because of the size of the Judicial District, it was essential to have justice of the peace districts, which were in general, arranged according to townships.  Indiana County consisted of: Conemaugh (264 taxable inhabitants, had 2 justices of the peace), Blacklick (213 taxable inhabitants and 2 justices), Wheatfield (277 taxable inhabitants and 2 justices), Armstrong and Centre (including the South part of Indiana, 303 taxable inhabitants and 3 justices), Washington (including the north part of Indiana, 167 taxable inhabitants and 3 justices), and Mahoning (135 taxable inhabitants and 2 justices) Townships.  This gave Indiana County 6 districts and 14 justices in 1814; by 1827 there were 11 districts and 20 justices, this trend continued in later years as new townships were organized.

Since the Court’s jurisdiction included four, and later three counties, court was only held in Indiana four time a year; it began on the second Monday and later it was the fourth Monday of March, June, September, and December.  “Court weeks” were an important occasion in town, as many visitors came to Indiana.  Civil actions were heard in the Court of Common Pleas, and criminal chargers were heard in the Court of Quarter Sessions.

John Young was appointed as Indiana County’s first judge, along with him there were two associate judges, Charles Campbell and James Smith.  It is interesting to note that associate judges were not required to be learned in the Law.  Judge Young resigned at the end of the November Term 1836, after serving on the Bench for thirty years.  His successor was Thomas White, who was appointed in December 1836.

The following is a list of Associate Judges and the time period of their service: Charles Campbell (1806-1828), James Smith (1806-1818), Joshua Lewis (1818-April 25, 1828), John Taylor (1828-1836), Andrew Brown (1828 – September 29, 1830), Samuel Moorhead Jr. (1830-?), Dr. Robert Mitchell (1836-1842), Meek Kelly (1842-May 14, 1843), James McKennan (1842-?), John Cunningham was appointed in 1843 succeeding Kelly.  In the early days of the judicial system, all those in the judiciary – judges, associate judges and even justices of the peace – were appointed by the Governor, unlike being elected in later years.  Since they were appointed by the Governor, he could also remove appointees from office for cause.  This happened on February 28, 1828 when Governor Shulze revoked the commission of James Dunn as justice of Wheatfield Township because of a “misdemeanor in office” of which he was convicted in December 1826.

Occasionally judges were brought in from other districts, as occurred in 1842 when notice of a special court session was advertised to begin on August 1, 1842, presided over by Judge Robert C. Grier of Allegheny County, for the trial of cases in which Judge Thomas White had been concerned as counsel.  Later, Judge Grier was appointed to the United States Supreme Court by President James K. Polk, and he served on the nation’s highest court from August 10, 1846 until January 31, 1870.

Prosecuting attorneys for criminal cases were appointed from outside the county, and usually represented the Commonwealth as deputy attorney general for several counties.  Prosecuting attorneys included William H. Brackenridge, Henry Shippen, Thomas White, a Mr. Canon, and W.R. Smith.  Ephraim Carpenter was appointed deputy attorney general on March 23, 1824; he lived in Indiana and served for 12 years until William Banks was appointed on March 1836.  August Drum was appointed on March 25, 1839 and was replaced in June 1842 by Thomas C. McDonald who only served a year when Thomas Sutton was appointed on June 26, 1843.  Sutton also only served a little over a year when he was replaced by Thomas C. McDowell on September 25, 1844.

At the time, the sheriff and his deputies, or the local constables, had a lot of power; they were entrusted with arresting criminals, executing judicial orders, subpoenas, etc.  Thomas McCartney was the first Indiana County Sheriff.  He was followed by Robert Robinson in 1809, James Elliott in 1812, Thomas Sutton in 1815, Clemence McGara in 1818, Thomas Sutton in 1821, Henry Kinter in 1824, James Gordon in 1827, James Taylor in 1830, Joseph Loughry in 1833, James Kier in 1836, William Evans in 1839, and David Ralston in 1842.  For a time the chief law enforcement officer was called the “High Sheriff,” later being shortened to just sheriff.

The first two jails in Indiana County were the hickory log jail and the stone jail of 1807.  The third county jail was built at the corner of North Sixth Street and Nixon Avenue, it was also made of stone.  This structure also had its faults as an editorial in the Indiana Republican in 1846 reported: “a pretty specimen confined in it, Sampson like, carried off the gates and made his escape!”  George W. Robinson was another jail-breaker, he was confined on a charge of bigamy, and escaped on May 17, 1841.

To get a sense of how busy the court system was, take the following data for Indiana County from the decade of 1823-1833:

Number of prosecutions for homicide: 4

Cases in which Grand Juries returned bills: 3

Cases in which Grand Juries found no bill: 1

Acquittals of First-degree murder: 3

Acquittals of Second-degree murder: 2

Convictions of First-degree murder: 1

Convictions of Second-degree murder: 0

Convictions of manslaughter: 0

Acquittals of manslaughter: 0

In 1835, Robert Herrin was killed in a fight with Thomas Jones, both were African-American and from Blairsville.  At the trial before Judge John Young, a verdict of second-degree murder was brought against Jones, and he was sentenced to twelve years in Western Penitentiary.

Other early murders in the County were committed along the Pennsylvania Canal.  In 1830, the confession of Joseph Evans was published.  Evans came from to Blairsville from Maine in 1829 and started working on the construction of the canal.  He was under contract by Hugh McCrea as a cook most of the time.  During a drunken brawl he accidentally killed John Cissler.  There were others involved in the brawl including David Linsebigler, John Ball and a fellow called “Dublin.”  Evans confessed that he struck Linsebigler in the ear, kicked him in the pit of the stomach and jumped on him across his shoulders with both feet. He then struck Ball on the side of the head and caught “Dublin” by the hair and also kicked him in his stomach, let him fall and then kicked him twice more in the side.

Another canal murder was Commonwealth v. King Hewit, Mr. Hewit was tried February 20, 1844 at Greensburg.  He killed James Halferty, Captain of the boat Clipper at John Moonshower’s lock between 4-5 miles east of Blairsville in a 4am fight over who should enter the lock first.  The verdict was second degree murder.

Another type of crime that has since been replaced by car theft was horse stealing.  The Indiana County sheriff advertised in the Westmoreland Republican for two horse thieves, Amassa and Alpha Latimore, who were imprisoned December 5, 1819 and had broken out of jail.  There was a $100 reward for their capture, or $50 for either one.  There were also petty and unsolved larcenies.

The progression of time was causing the judicial system to grow, as the town grew so did the need for judicial system.  Not only with general business, but also with the increase in criminal activity.

The Beginning of the Indiana County Judicial System

During the early years of Indiana County, access to the Court system was very difficult.  On January 30, 1804, James McComb, a resident of Indiana County in the General Assembly, presented to the House of Representatives four petitions signed by citizens of the provisional county of Indiana which stated the inconvenience to have to attend court in Greensburg.  This difficulty was on account of the distance and the difficulty in crossing the Conemaugh River.  The purpose of the petition was for Indiana County to be organized for judicial purposes.  On March 5, 1804, Mr. Allshouse of Westmoreland County offered a resolution that Indiana be organized for judicial purposes.  The resolution was tabled and Mr. McComb again presented another petition on March 9, 1804, but it was to no avail.

It was not until February 6, 1805, that Mr. McComb presented another petition for judicial organization of Indiana County.  House Bill 73 “An Act to organize the provisional counties of Indiana and Cambria” was introduced on February 8, 1805.  The bill passed the House and went to the Senate on February 21, but the Senate voted to postpone the matter until the following session.

It was in December 1805 that the first sale of lots in Indiana had occurred and again the time came to finally complete the organization of the county and fully admit it to the membership of the Pennsylvania counties. This time, Senator Joseph Hart, Senator from Bucks County, introduced Senate Bill 127 “An Act to Organize the Provisional County of Indiana,” on January 24, 1806. The bill was considered and amended on February 20, and it was passed the next day and sent to the House which also passed the bill on March 3. The Governor signed the bill on March 10, making the measure law.

Just prior to the time upon the passage of the law, the General Assembly had created the new Tenth Judicial District by Act of February 24, 1806, with John Young being commissioned Judge on March 1, 1806. This new district included Armstrong, Cambria, Indiana, Somerset, and Westmoreland Counties.

The Act of March 10, 1806, provided for the first election of county officials to be held on the second Tuesday of October to choose “two fit persons” for Sheriff, two for Coroner, and three commissioners.  Further, the first Monday of November, Indiana County was to enjoy the same rights and privileges as other counties, and all Court actions that were still pending in the Westmoreland County Courts were to be transferred to Indiana County.  This meant that the Prothonotary of Westmoreland County was directed to prepare a Docket of all pending Court actions and transfer them to Indiana County.  The newly elected Commissioners of Indiana County were authorized to erect a Court House, prison, and other public buildings and they had the power to obtain a house in or near the town of Indiana, where the courts could be held until a court house could be erected, and if they were not able to obtain a building they could erect temporary buildings for that purpose.  The Courts, Commissioners, and other officials of Indiana County were also given authority over Jefferson County’s 1,203 square mile area, which included parts of Forest and Elk Counties, extending to present places of Ridgway, Johnsonburg, St. Mary’s, Marienville, Cook’s Forest, Clear Creek State Park, and a large part of Allegheny National Forest.

Thomas McCartney was elected as the first “High Sheriff” with Samuel Young as the first Coroner. The first Commissioners were: William Clark, James Johnston, and Alexander McLain. James McLain was appointed by Governor McKean to serve as Prothonotary, Clerk of Courts, and Register & Recorder on October 2, 1806.

The first Court convened on December 8, 1806 on the second floor of Peter Sutton’s hotel and tavern near the corner of Carpenter Avenue and Philadelphia Street. Judge John Young presided and being assisted by Associate Judge Charles Campbell. The jurors chosen were each paid $2 for their services.  The first ten cases heard in Quarter Sessions (criminal) Court, nine of them were for assault and battery. Number 7, Commonwealth v. Margaret Walker, was for an indictment for fornication and bastardy, this case has heard along with Commonwealth v. John Campbell for bigamy. There were only three civil case to come before the court during that first term. Also during this first term came petitions for roads, one from Newport to Indiana and another from David Fulton’s to Brady’s Mill, but there was no action taken. The attorneys at bar were: George Armstrong, John B. Alexander, Samuel S. Harrison, James M. Riddle, Samuel Massey, and Samuel Gutherie; but none of them resided in Indiana County.

The second term, in March 1807, Judge Young was not present, and the reason was unknown, but Associate Judges Charles Campbell and James Smith president; this being the first time Smith appeared on the Bench. The case load was growing: 37 civil and 11 criminal cases. This was the first time that Attorney Daniel Stanard appeared; Stanard being the first resident attorney.  All the criminal cases except one were assault and battery or surety of the peace charges. William Evans, the defendant in Commonwealth v. William Evans, was required to post $200 bond on a fornication and bastardy charge pending the appearance of Sarah Evans at the next term. There were recommendations to the Governor for tavern licenses from Henry Shryock, William Bond, and James Moorhead. Other types of business included applications for naturalization and petitions for roads. There was also a report and draft to divide Armstrong and Conemaugh Townships, which was approved by the court.

The following terms were held on the second Mondays of June, September and December, with similar cases being heard. On October 19, 1807, on the motion of James M. Riddle, Daniel Stanard was admitted to the Bar before Associate Judges Campbell and Smith.

The first public building to be erected was a crude jail measuring twenty feet square which was built by the first Sheriff, Thomas McCartney and was assisted by Conrad Rice. It was constructed from shell-bark hickory logs with a clapboard roof. The first prisoner incarcerated was Patrick Short, an Irishman, but he escaped by digging underneath the jail never to be found.

In 1806, construction was begun on a stone jail and completed in 1807. The contractor was Rev. John Jamieson. The building was 36×30 feet, with the lower story being nine feet high and the upper floor eight feet high; it stood at the corner of Sixth Street and “Clymer Alley” (now Nixon Avenue). James Mahan was the stone mason, Thomas Sutton was the carpenter and the first Jailer was Samuel Douglass.

The first Courthouse was begun in 1807 and not completed until late 1809, with John Huey as the contractor. It is unknown what the total cost of the first Courthouse and jail, but it was reported that the proceeds from the auction of town lots from the 250-acre tract donated by George Clymer were more than sufficient to meet the cost.

Once construction of the Courthouse was begun, a row of one-story brick offices for the county officials was erected along Philadelphia Street and next to the Courthouse.  The early years of the Indiana County judicial system were primitive, but an important start to laying the foundation of law and order in Indiana County.

Anti-Slavery Movement and the Trial of Anthony Hollingsworth

The Antislavery Movement in some respects put Indiana County on the map, and made it a safe haven for runaway slaves. The first formally organized antislavery society came into existence sometime around 1837. Antislavery supporters included Reverend David Blair, Joseph Campbell, Samuel Henry Thompson, and Dr. Robert Mitchell. Aside from the County society, there were also local antislavery societies including one in Center Township to which membership was open to “any person not being a slaveholder and consenting to the principles of this constitution.”

To be fair, there were some proslavery advocates in Indiana County as well. The most prominent being David Ralston, who even as late as 1862 maintained his view by publishing “A Bible View of Slavery,” in which he defended slavery on a basis of Bible arguments.

Because of the majority in favor of Anti-Slavery, Indiana County became a safe-haven for slaves attempting to flee their owners. Take for example the three young men who made their way to Indiana County from Virginia in April of 1845. They were aided by a small band of anti-slavery leaders who were businessmen from Indiana and Blairsville. They hid and fed the boys for two months.

Hollingsworth was sheltered and employed by James Simpson, to help on his farm. In June, one of the boys, 12-year-old Anthony Hollingsworth, was captured, bound to a horse and taken to the old Indiana House Hotel, which was operated by David Ralston, who had strong proslavery views and was also sheriff of the county. It was at the Hotel that he awaited his return to slavery in Virginia under his master, Garrett Van Metre.

Being a small town, word traveled quickly through Indiana, especially among the anti-slavery activists, and an angry mob surrounded the hotel, threatening to burn the men out to free the young boy.

Dr. Mitchell calmed the crowd, in part by promising them that Hollingsworth would be protected by the law. William Banks, a lawyer, was to present a writ of habeas corpus the following morning.

dr. robert mitchell
Dr. Robert Mitchell

In the morning, Judge Thomas White, another anti-slavery activist, took to the bench to hear the case. A steady stream of people came through the doors. In front of Judge White sat Anthony Hollingsworth, in the custody of the sheriff, and Van Metre with his friends, on one side. On the other sat William Banks and Dr. Mitchell flanked by their co-antislavery members. Judge White carefully reviewing the case, he granted the petition, ordering Anthony Hollingsworth freed. After this ruling a great roar came over the crowded courtroom.

This was not the first interaction between Van Metre and Mitchell. Mitchell was sued for harboring a fugitive slave named Jared Harris. This case was tried in the United States circuit court at Pittsburgh before Judge Grier. Judge Grier was a strong proslavery man, as could be seen in his charge to the jury. Dr. Mitchell was convicted, and a part of the pine forest, near present day Diamondville, in which the slaves found shelter, was sold at sheriff’s sale to defray the cost of the $10,000 suit.

*Van Metre v. Mitchell, 28 F. Cas. 1036 (Cir. Ct. W.D.PA 1853).