Cool!

Did your parents call the family fridge an “icebox” when you were growing up?  If you’re a Baby Boomer, they probably did, because it really was one back when they were kids.  Their generation was the last to use iceboxes, and the last to know firsthand the people and processes that supplied the ice inside.

Humans have preserved their food with ice for thousands of years, but the harvesting, storage and distribution of natural ice reached its historical peak right here in the eastern United States during the 19th century.  Democracy, geography, and industry gave birth to the new “Ice Age.”  Ice in summer had been reserved for aristocracy since ancient times, but the American Revolution democratized its use and thus increased demand.  Our north Atlantic seaboard had the right climate to produce harvestable ice in quantity, and the ports to ship it from.  As for industry; well, we were that century’s keenest entrepreneurs:  if there was a high demand for something, American traders would find a way to supply it.

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The ice trade actually began as an export business, since most early 19th century Americans lived in rural areas where they could harvest their own ice.  Boston’s Frederic Tudor first shipped ice to the Caribbean in 1806, and by 1840 had ice houses around the world.  But the biggest consumers of all were America’s two largest (and hottest) cities: New York, which used more ice than most countries, and Philadelphia, which had the highest per-capita consumption of ice on the planet.  Domestic ice sales overtook exports after the Civil War, and our expanding railroad network allowed long-distance transport of meat, produce and dairy products for the first time thanks to ice-cooled refrigerator cars.

By 1870, most Americans had stopped harvesting ice for themselves, happy to let commercial suppliers relieve them of the task.  But in more remote areas like Indiana County, many farmsteads, butchers and hotels had their own ice pond and ice house.  Making ice cream, brewing beer, and drinking ice water were now possible year-round.  Not everyone approved;  the Indiana Democrat equated drinking ice water with drug use and implied that those who indulged in it were bound for “a clime where ice water is not used” after death.

There was social status in ice as well.  Serving ice-cooled drinks to summer guests meant you were a “somebody,” so upper-class folk built ice houses behind their homes, and social columns noted who had filled them in the past week.  The icewater-and-chocolate tradition still observed by Indiana’s Shakespeare Club was born of that practice.

Where did the rest of us get our ice?  Depends.  Those living in rural townships or small boroughs could help fill the community ice house with each winter’s harvest and tap it in summer.  Citizens of larger boroughs bought ice from the butcher, grocer or fishmonger until ice supply houses sprang up in the 1870s.  Then in the summer of 1875 came the Indiana debut of an American classic:  the ice wagon!

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Ice came daily to our homes in Blairsville and Indiana.  Deliveries were not suspended on Sundays the icemen were exempt from Blue Law strictures because ice preserved food and therefore life.  It sold at 35 cents for 100 pounds in 1880.  Horses drew their brightly-colored wagons through the streets each morning from April through October, rain or shine; one or two men hefted blocks of up to five cubic feet with giant ice tongs and brought them in to our iceboxes.  And though it was illegal and the subject of many a parental lecture, hitching one’s bike or velocipede to the back of the ice wagon as it passed was a favorite childhood sport.  There’s a little Marty McFly in all of us, eh?

Demand increased here until, by 1887, there were at least five ice merchants in Indiana and three in Blairsville.  Ours was cheaper than ice sold in Philadelphia, where the Knickerbocker monopoly imported it from Maine after local harvests couldn’t keep up with demand.  (It was healthier, too – most major rivers were polluted!)  No figures exist for our county’s per-capita consumption, but it never matched the average Philadelphian’s 1400 pounds per year.

So, how was it harvested?  At first we used tools of the carpenter, stonemason and lumberjack, but purpose-designed equipment was available by mid-century.  The Wyeth horse-drawn ice cutter allowed fast, high-volume harvesting, but not all of our lakes and licks froze deep enough to support its weight, so much of the harvesting here was done manually.  A depth of 8 to 12 inches was typical, and some years brought up to 18 inches.  Harvest usually began in January and continued into March, when gorges ice jams that blocked and flooded waterways put an end to the season.  Here’s a description from the 1892 Indiana Progress:

The first process is (to use) a scraper which removes snow, rough ice and other substances. Next is to mark out blocks…. Then the ice plow is brought.  (It) resembles a saw with large teeth, is drawn by a horse and is guided by the marked lines.  The ice is plowed within four inches of its depth, (leaving) enough to bear the workmen’s weight .  Large cakes are then sawed off by hand and floated through canals kept open, guided by men with steel bars.”

Our supply was more than equal to the demand.  We harvested waterways from Mahoning Creek to the Conemaugh, but the most productive sources were excavated “ice ponds.”  The biggest of them was created by the Pennsylvania Railroad at Black Lick in 1870.  It yielded 241 boxcars of ice that first winter, most of which went to Pittsburgh (Blairsville and New Florence got the rest).  There were even three ice ponds within Indiana borough itself; of these, the hands-down favorite was Gessler’s.

Carl Gessler prided himself on being “Indiana’s Original Ice Merchant.”  His ice house, ice pond, and ice wagon were each the borough’s first.  Gessler’s Ice House on Chestnut Street, where he also sold ice cream and other confections, was served by its adjacent ice pond starting 1879.  The pond was Indiana’s favorite skating venue between winter cuttings and was stocked with fish in summer.

But history was catching up with the ice pond.  Ice famines caused by warm winters and increasing demand in the 1890s brought an alternative source to the fore.  Production of artificial ice had been possible for decades, but the technology was unreliable and cost-prohibitive.  Improved techniques made “plant ice” practical and profitable, and by century’s end it accounted for almost half of US ice production.  Carl Gessler and the PRR both abandoned their ponds in 1903 when they switched to plant ice.  Even so, natural ice wasn’t frozen out of the market just yet; the progress of each year’s ice harvest was followed by our county’s newspapers through 1936.

The fate of home-delivered ice (and the icebox) was sealed when domestic refrigerators were introduced after World War I.  Not much of a threat to Jack Frost at first, they cost more than a car and were harder to maintain.  But price and compactness had improved enough by 1930 that we bought more refrigerators than iceboxes that year.  And for those of us who still couldn’t afford one, there was even a conversion kit that turned our icebox into a Frigidaire!

Pennsylvania’s last ice wagon horse died in 1936, and “retired” wagons were used as mock tanks for training during WWII.  When the final icebox maker closed in 1953, the “Ice Age” was over.

If you’re ever out by Aging Services in Indiana, walk around the block.  There where the tracks cross Chestnut between 10th and Edgewood you’ll find it, the last trace of our “Ice Age:” some gravel-mounds and a bulldozer or two in a field that was once Gessler’s Ice Pond.

 

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Coal and Iron and the Badge

There’s an old adage that says a frog dropped in boiling water will hop right out, but he’ll stay there till he’s cooked if the water’s heated slowly enough.  We humans can be that way about threats to our freedom, and Pennsylvanians are no exception.  We proudly shed our blood in the War to End Slavery, yet just six weeks before we won, our legislature authorized the next great threat to freedom – and almost no one objected.

Not many realized it was a threat at the time.  The need seemed genuine, and the solution obvious: train-bandits were better armed and organized than law enforcement in many Pennsylvania counties, so railroads asked for the right to create their own police units.  It seemed like a practical idea, so Act 228, An Act Empowering Railroad Companies to Employ Police Force, was passed in April 1865.

coal and iron police act

Rail police were to “possess and exercise all the powers of policemen in the city of Philadelphia.”  Their authority extended not only to company property but throughout the county(s) in which they were commissioned.  A year later, the Act was amended to include two other giants of the Industrial Age: “all corporations, firms or individuals . . . in possession of any colliery, furnace or rolling mill within this Commonwealth.”  Badges were now to read “Coal and Iron Police” and show the company name.  And just what did it take to become a Coal and Iron Police officer?  The governor’s signature on a single-page application from the company, an oath and a badge.  No training, no background check, no security bond . . . and no accountability.  Answering only to his employer, each man was essentially a law unto himself.

Almost from the start, coalfield “C&Is” were used primarily as strikebreakers, economic enforcers and agents of social control in company towns.  They performed evictions and collected debts, kept up surveillance and shut down public gatherings, and above all prevented infiltration by union organizers.  They were not without legitimate functions;  many a murderer and thief was brought to justice by Coal and Iron Police, and the very lack of accountability that made C&Is such a threat to freedom gave would-be criminals reason to reconsider.  Though the Act stipulated that anyone arrested be “dealt with according to law,” in practice they were as likely to be beaten as brought to trial.

Accidents of geology and geography spared Indiana County some of the worst abuses.  We sit on the edge of three high, medium and low-volatile bituminous deposits; since coal companies tended to concentrate on a single type, no monopoly like those in Allegheny and Schuylkill counties controlled our land and people.  Lucky, too, that our miners weren’t recruited from the counties in Ireland where Molly Maguires were found.  In the 1870s, that underground society reacted to coal company abuses in eastern Pennsylvania with arson and murder, and the Coal and Iron Police responded in kind.

The relative peace here was reflected in our newspapers.  Coal and Iron Police were mentioned just three times in their first twenty years, and even then it was for their actions elsewhere in the Great Railroad Strike of 1877.  But in 1894 the lid came off.

It happened as part of the biggest coal strike America had seen to date.  When Glen Campbell strikers threatened their non-union replacements, our County Recorder swore in sixty new Coal and Iron Police officers for the Berwind-White coal company.  “Foreigners” (as newspapers called immigrant miners) and “Cossacks” (as miners called C&Is) seemed eager to trade shots, and the latter had shoot-to-kill orders should gunfire erupt.  Why didn’t it?  Curiously, that credit goes to Jefferson County’s strikers.  They’d already become violent, so Governor Pattison sent in the National Guard.  One thousand uniformed men marched through Glen Campbell on their way to Walston, and trigger-fingers suddenly stopped itching . . . a close call.

Coal consumption was breaking records every year as the 20th century approached, and mine employment rose to meet it.  So did labor activism and the C&Is’ increasingly brutal response.  That the creation of the Coal and Iron Police had been a mistake was by now obvious to almost everyone – even other states’ producers!  An 1898 edition of The Coal and Trade Journal noted that “Pennsylvania has an institution peculiar to itself . . . a private standing army of irresponsible myrmidons apparently authorized by the laws of that state.

The first small changes to that army were set in motion by the Anthracite Strike of 1902.  When both sides refused even federally-mediated settlement for almost six months, America ran out of home heating coal; with winter approaching, President Theodore Roosevelt threatened to nationalize the mines and replace strikers with soldiers.  The UMWA and Operators’ Association immediately split the difference and resumed production.  As part of the deal, a presidential commission investigated the strike’s root causes.  Among their recommendations was “discontinuance of the system of Coal and Iron Police . . . and resort to regularly constituted peace authorities in cases of necessity.

Though the first part of that recommendation would not soon be acted upon, Governor Pennypacker agreed to limit previously open-ended commissions to three years, and in 1905 signed a bill creating Pennsylvania’s State Police.  Troop D’s location in the heart of our medium-volatile bituminous region was no accident.  The writing was on the wall.

coal and iron police bage

Still, assaults kept increasing as coal production peaked.  More than 170 stories about C&Is appeared in Indiana County papers from 1910 to 1930 compared to those three in the first twenty years.  Yet even in places like Ernest and Creekside where “Cossacks” were ubiquitous, this county continued to see less labor violence than most.

During his first term in office, Governor Gifford Pinchot asked State Police to review all existing C&I commissions.  Their 1923 probe found cause to recommend that some 4,000 of them – the majority – be revoked, and the governor obliged.  He further announced that each future applicant must prove US citizenship and Pennsylvania residence, provide character references and employment history, and post a $2,000 bond.  Problem solved, right?  Well . . . not quite.

A 1928 US Senate Report on events here in the bituminous field was not well received in Harrisburg.  Its 3,400 pages detailing Coal and Iron Police beatings, warrantless searches and property seizures “endangered the peace of the Commonwealth,” said Governor John S. Fisher.  He claimed to mistrust the C&Is but thought that to eliminate them altogether was folly.  A single death the following year made it all academic.

In 1929, officers of the Pittsburgh Coal Company’s police force responded to a miner’s drunken rampage by beating and torturing and finally killing him.  All three were acquitted of John Borkovski’s murder; when retried, two of the three C&Is were convicted of involuntary manslaughter, but not before public outrage had spawned two bills further restricting the Coal and Iron Police.  Governor Fisher’s choice to sign the weaker Mansfield Bill and veto the stronger Musmanno Bill contributed to his defeat in the next election.  Gifford Pinchot was returned to office in 1931.

Making good on his campaign promise to abolish the Coal and Iron Police (announced at Indiana County Courthouse!), Pinchot turned Act 228 against itself.  Its 1866 amendment said “the governor shall have the power to decline to make any such appointment . . . and at any time to revoke the commission of any policeman appointed hereunder.”  He did just that, to all of them.  At midnight on June 30, 1931, Pennsylvania’s Coal and Iron Police ceased to exist.

Some C&Is found employment as “real” police.  Jack Stroble of the Keystone Coal unit served briefly as Indiana’s Police Chief in the 1930s.  And in a final irony, Homer City’s policemen are nowadays represented by United Mine Workers of America!

 

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.

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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.

John Park – Founder of Marion Center

It seems that John Park, the founder of Marion Center, has been lost to history or if not lost just temporarily forgotten by the hustle and bustle of modern life.

Park was born in 1776 in Ballywatter County Down, Ireland.  The Park family came to America in 1794, landing in one of the main ports, Philadelphia.  His father, Robert Park, taught mathematics, navigation and survey in Philadelphia; and the skill of surveying was passed on to John, who at the age of 19 came to Western Pennsylvania to survey the land that is now Marion Center for James Johnston.

A year after the arrival in Philadelphia, John Park’s father passed away, and his widow, Jane Bailey Park, married Colonel James Johnston, the same man for whom John was surveying land.

It is important to interject at this point to discuss some of the conflicting views between the settlers and the Native Americans.  Before settlers arrived in Western Pennsylvania, the Native Americans roamed the lands freely, because they had a different view of ownership and the use of the land than the settlers.  This conflict sparked many battles between the two, but much of this trouble had passed when John Park initially came into what is now Indiana County.

When John Park first arrived to survey the land in northern Indiana County, in 1795, it was described as “a trackless forest.”

In 1798, John’s stepfather received a patent for the land and John purchased a second, and it was there that they erected a log house near what is now the Marion Center Community Park.  The home was completed in 1799.  The cabin was 20 by 16 feet and was the first house north of the Purchase Line.  Among those who helped to build the home was Fergus Moorhead, the first settler in the neighboring town of Indiana. One may wonder why this spot was chosen to construct a home and the reason was that it was the location of a spring, which still today provides water for the park.

Mr. Park purchased 408 acres of land in the area and called it “Greenland,” and reportedly camped at the site of his cabin while the Native Americans resided in their wigwams on the opposite side of the run.

On February 5, 1807, John married Mary Lang, and it was at this time that he took up permanent residence.  The two had nine children: Margaret; Robert; Jane; Mary B.; James L; Ann Eliza; James Martin; John; Amanda; and Linton.

Mary Lang, John’s wife, was born April 15, 1783.  Her father was a Presbyterian minister, who immigrated to the New World from Scotland and preached his first sermon in a saw mill, which was opened at both sides.

In the early days, travel was an issue, and only two trips a year were made to the post office in Greensburg.  In 1808, a petition was presented to the Indiana County Court for the creation of a road from Brady’s Mill on Little Mahoning Creek to Sandy Lick Creek at Port Barnett east of Brookville.  John Park was a proponent of the road, and it was probably constructed around 1810.

With the improved transportation routes, additional settlers made their way to Park’s settlement.

As the community grew, Mr. Park was constantly developing new services needed by the citizens of the town and the surrounding area.  In 1810, he started a tannery, which was located on South Manor Street.  Later he erected a small animal powered grist mill, which was followed by a water powered mill in 1834 on the rear of the tannery lot.

Education being important, led to the building of a school, although it was a crude school, it had a fireplace and oiled papered windows, and was built on North Manor Street.

It was in 1842, when Mr. Park devised a plan of lots and began to sell them, priced from $16 to $30, thus marking the beginning of the town he named Marion, in honor of General Marion of Revolutionary War Fame.

The community continued to grow and develop with the second generation of the Park family.

James began the first cabinet works and carpenter shop.  He also started the first hotel in 1844 and along with his brother John they built the City Hotel in 1856.

James and Linton are credited with the first planning mill. Robert Park was a member of the first borough counsel.

The founder, John Park, only lived two years after the town was laid out, but his impetus and direction guided the community for many decades after his death on August 10, 1844.

The borough was officially incorporated on March 28, 1869.  By the turn of the 20th Century, the leaders in the community had concern for community improvement and in 1904 the water system was installed, which included a fire protection system.  It was around this time that the railroad arrived to Marion Center, which marked a turning point in the growth of the town.  Since there was easy access by rail to more distant services, the factories and mills of Marion Center found it difficult to compete.

These industries of the little community slowly dropped by the wayside, falling victim to the steam locomotive, which opened new avenues of transportation and trade.

Both John and Mary are buried in the Gilgal Presbyterian Church Cemetery in a grave located at the top of the hill marked with a stone that identifies them as the founders of Marion Center.