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DIED.

Hon. Jeremiah S. Black.

On the 19th inst., at 2:10a.m., at Brockie, JEREMIAH S. BLACK, aged 73 years, 7 months and nine days.

A SKETCH OF HIS LIFE.

Jeremiah Sullivan Black was born in the glades of Somerset county, where his grandfather and father had lived, on the 10th of January, 1810. Although of Scotch-Irish descent on one side, a graft of Pennsylvania Dutch on the mother's added a new and valuable fibre to the already vigorous and powerful plant. His father was a farmer, and his early years were, therefore, spent upon the virgin fields of the clearing among the glades, and the lessons of husbandry he there learned were never forgotten.

Jeremiah S. Black matured young. He was a man in mental and physical force while yet a boy in years. He graduated at the age of seventeen, and soon after began studying law, in Somerset, with Chauncey Forward, then a member of Congress. He was admitted to the bar and was Prosecuting Attorney of Somerset County before he was of age. From the moment he began to study law it was observed that he had rightly chosen his profession. He soon developed astonishing legal qualities, and after his admission to practice he rose rapidly. His service as District Attorney was characterized by a vigorous and intelligent discharge of duty that soon cleared the county of criminals.

There was one incentive that kept him up in those trying days. His father had struggled hard to keep the parental estate in his own hands and it was no easy task to get the incumbrances off land not overly productive. It was the dream of young Black's early life to free his father from debt, and while his practice almost everwhelmed him from the start it brought him money to do this, and this fact kept him to the work. In less than three years

he paid off the mortgage on the homefarm, lifted all the judgments and made his father comfortable.

When he was twenty-eight years of age he married Miss Mary Forward, his preceptor's daughter, who has shared all the struggles and triumphs of her husband's eventful and useful life.

While Mr. Black's early life was crowded with honors, it was not until he became a Judge that he began to make his mark upon the history of the State.

In 1842 Governor Porter appointed him President Judge of the Court of Common Pleas for the circuit composed of the counties of Franklin, Somerset, Bedford, Blair and Fulton. He was made Chief Justice of the Supreme Court of the State in 1851 by drawing the short term of three years, after having been chosen upon the ticket with Lewis, Gibson, Lowery and Coulter, under the new constitutional provision, making the Judges elective. Years before he became Supreme Judge his fame had spread beyond the limits of his district. In 1854 he was re-elected to the Supreme Bench by a large majority, even though the wave of Know-Nothingism swept nearly all the Democrats off the political deck. After he had served two of the fifteen years for which he was reelected as Chief Justice, he was called to Mr. Buchanan's Cabinet as Attorney General.

The first three years of his service as Cabinet Minister served only to lay the foundation for the graver duties of the fourth. From the moment he entered upon his duties as Attorney-General he laid a strong hand, not only upon the duties of his office but upon the whole Administration, of which he was the legal adviser. His long acquaintance with the moods and methods of the President, and his influence with him was often called into requisition by the other Cabinet Ministers in approaching him upon matters of import, the discussion of which demanded more time and greater quiet than

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After Judge Black's service as Cabinet Minister he returned to Pennsylvania and selected for his future home a beautiful spot upon an eminence overlooking York and within sight of the sleepy waters of the Codorus Creek, upon which his forefathers had settled in the seventeenth century. His fame as a lawyer was so great, however, that many important cases followed him into the seclusion of his country home, and his life has been a busy one all these years and the demands for his services were greater than he cared to accept. He left public life poor, and returned to his native State to rebuild his for

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of the largest fees ever paid an American lawyer. His arguments in the many cases involving the constitutionality of the Reconstruction acts are familiar history.His great effort in the Milliken case, which secured a decision from the Supreme Court denying the right of a military commission to try a citizen for his life, is also well known. The late President Garfield was associated with him in this case. The

Campbell will case and many other important cases were also in his hands. His legal work before the Electoral Commis

sion, where he was one of the Democratic counsel, is of so recent date that extended mention of it is unnecessary.

THE BAR MEETING.

In obedience to call the members of the

Bar of York assembled Monday afternoon at the residence of Judge Gibson, for the purpose of taking suitable action in relation to the death of the late Hon. Jeremiah S. Black, late a member of their body.Judge Wickes was called to the chair, and E. W. Spangler appointed secretary.Judge Wickes made an eloquent and beautiful address upon the great virtues, worth and intellectual attainments of Judge Black, as a lawyer, jurist and statesman.

V. K. Keesey, Esq., paid a warm tribute of respect to the memory of the deceased in a very able address. He spoke

of his eminent abilities, in his home and social life, and moved that the following

One of the foremost men of the nation

of this world forever. A wise counselor, an eminent jurist, an illustrious statesman is silenced a good man cut down and his works of charity and benevolence suspended.

Within the past twenty years he has argued more important cases before the Supreme Court than almost any other attorney in the country. His greatest case, pe-minute be adopted : cuniarly, was doubtless the New Almeden Quicksilver Mining Company of has fallen. A great light has passed out' California. The testimony in this case covered 8,000 printed pages and the opposing counsels' briefs were 1,700 pages long. Reverdy Johnson, Chas. O'Connor and Judah P. Benjamin were the counsel on the other side, and R. B. Curtis and Caleb Cushing were at one time or another connected with him in the case. He made the final argument and condensed the points of all this mass of testi- | mony in an eight-hour speech, which is counted as the greatest legal effort of his

life.

He won the case, and received one

God has removed from among us Jeremiah S. Black, a member of this bar, whose wealth of learning, sound judg ment, subtle wit, retentive memory, accuracy of thought, precision and force of language, fearless devotion to the right, honor and unspotted integrity formed a and denunciation. of wrong, high sense of brilliant example fit to imitate, hard to equal and not to be excelled. Whilst the

nation, the State and the commonwealth at large mourn their great loss, we the members of the York Bar, as a further token of our great sorrow, request this minute to be entered upon the records of the Courts:

Resolved, That our sincere sympathies are extended to those who lament the affliction that has bereaved them of a devoted husband, a kind and affectionate father.

JEREMIAH S. BLACK,

BORN JANUARY 10, 1810,
DIED AUGUST 19, 1883.

The remains were excellently preserved and the appearance of the face was very little changed from what it had been in life. His last illness was brief and left but little impress upon his features.

The funeral services were very brief,

Resolved, That we will attend the fun- lasting less than half an hour, and were eral of the deceased.

Resolved, That a copy of this minute be sent by the Secretary to the members of his family.

The minute was seconded by Judge Gibson, who spoke of Judge Black's courtesy while Chief Justice, his wit and humor in conversation, his pre-eminence as a fornesic orator, and the elegance of dictation and irrevocable logic which char. acterized his judicial opinions.

W. C. Chapman, H. H. McClune and Levi Maish, Esqrs., adverted to the genius and greatness of the deceased in touching eulogies.

On motion of John Blackford, Esq., it was ordered that the Court House be draped in mourning out of respect to the memory of the late jurist.

On motion the chair appointed, Hon. Robert J. Fisher, V. K. Keesey, W. C. Chapman and C. B. Wallace, Esqs., as honorary pall-bearers at the funeral of the deceased. The meeting then adjourned.

THE FUNERAL SERVICES.

Tuesday all that was mortal of Jeremiah S. Black was returned to the earth from

whence it came. At the hour appointed for the funeral services the spacious grounds at Brockie were thronged with people and vehicles. At no time in the history of York have so many notable personages been assembled within its confines. From every walk of life were men, who in the solemn task before them, came upon a common plane-all were mourners at the bier of one who was great among the greatest.

opened with prayer by Rev. J. O. Miller, of Trinity Reformed church, York. Frederick D. Power, pastor of Vermont avenue Christian church, Washington, D. C., and Chaplain of the House of Representatives, delivered the sermon.

The casket was then conveyed to the hearse by the pall-bearers: Chief Justice Ulysses Mercur, Hon. W. J. Bear, of Somerset County; Hon. Pere L. Wickes, of York; Hon. John Gibson, of York; Gen. W. S. Hancock, U. S. A.; Gen. Crawford, U. S. A; A. B. Farquhar, George Small, W. Latimer Small and George H. Sprigg,

of York.

The services at the grave consisted of an eloquent and impressive prayer, fullowed by a brief liturgical burial service. by Rev. Dr. Power.

Benediction was pronounced by Rev. Arthur Powell.

Among the distinguished people who arrived from abroad to pay honor to the deceased were the following:

General W. S. Hancock, U. S. A. Governor Pattison and State Senator Gordon.

General S. W. Crawford, U. S. A., Gen.
W. H. Koontz and Judge W. J. Bear, of
Somerset, Pa., and Hon. A. M. Gibson, of
Washington, D. C.

Colonel J. K. Longwell, Hon. Judge
William P. Maulsby, of Maryland.
Mr. and Mrs. Charles Spear and Mrs.
Dawson of Pittsburg.

Chief Justice Mercur.

Mrs. Ogle, of Somerset, a sister to Mrs.

A gold plate on the lid bore simply the Judge Black, and her daughter. inscription:

Senators Mylin and Stehman, clerk of

the Senate Cochran; B. F. Myers of the Patriot; George A. Irving, Hon. W. S. Stenger, Secretary of State, Messrs. Bigler, McDonald, Colburn, Wayne and Walker, committee of the House, and the Senate committee, consisting of Senators Ross, Patton, Sill, Gordon, Stewart and Grady.

Ex-Governor Henry M Hoyt, Chauncey Sargeant, of Philadelphia, Hon. Chas. R. Buckalew, of Columbia county.

Judge J. B. Livingston, of Lancaster.
Ex-Senator Charles R. Buckalew.
Hon. W. B. Groesbeck, of Cincinnati.
Ex-Minister to Austria Watts.
H. M. North of Columbia.

S. H. Reynolds, of Lancaster.
Senator Lee.

J. Hay Brown, of Lancaster.
Senator Thomas B. Cooper.
W. U. Hensel, of Lancaster.
J. V. L. Findlay, of Baltimore.
J. B. Niles, of Tioga county.
B. K. Jamison, of Philadelphia.
Hon. W. H. Welsh, of Baltimore.
James Young, of Middletown.
B. McGran, of Lancaster.
A. J. Kauffman, of Columbia,
J. J. Grimeson, of Chambersburg.

GOVERNOR PATTISON'S TRIBUTE. Governor Pattison addressed the Granger's picnic at Williams' Grove on Tuesday morning, and closed his remarks with the following words:

In concluding, I cannot as a Pennsylvanian-refrain from paying a public tribute to the worth of one of your number who is now being laid to final rest in an adjoining county. The town of York to-day is enveloped in funeral gloom. She is burying her great and honored citizen. Judge Black is dead. In a few hours, as the sun goes down to its setting, his parting rays will fall with mellow light upon the fresh turf that hides forever from human view the form of the chief justice whom Pennsylvania loved and the nation admired.As a jurist, as a statesman, as a scholar, as the friend of labor and a fearless de

nouncer of wrong, he did great service for his State and his name should be held in honored remembrance. An actor in stirring scenes and trying times in our history, he lived to see obloquy retire abashed and truth vindicate the purity of his purposes and the sincerity of his convictions. His death has impoverished us and bereft the nation. While the tolling bell sounds solemnly in the hills of York it is fitting that we should pause a while to lament our loss and honor our worthy dead.

The following curious legal decision, which is almost as absurd as some that have emanated from the bench in this country is recorded on the archives of a Court in India :

"Four men, partners in business, bought some cotton bales. That the rats might not destroy the cotton, the men bought a cat. They agreed that each of the four should own a particular leg of the cat; and each adorned with beads and other ornaments the leg thus. apportioned to him. The cat, by an accident, injured one of its legs. The owner of that member wound about it a rag soaked in oil. The cat going too near the fire set the rag on fire, and, being in great pain, rushed in among the cotton bales where she was accustomed to hunt rats. The cotton thereby took fire and was burned up. It was a total loss. The three other partners brought a suit, to recover the value of the cotton, against the fourth partner who owned the particular leg of the cat. The judge examined the case and decided thus; 'The leg that had the oil rag on it was hurt; the cat could not use that leg; in fact, it held up that leg, and ran with the other three legs. The three unhurt legs, therefore, carried the fire to the cotton, and are alone capable. The injured leg is not to be blamed. The three partners who owned the three legs with which the cat ran to the cotton will pay the whole value of the bales to the partner who was the proprietor of the injured leg.""

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YORK LEGAL RECORD. tion presented is, whether the premiums

VOL. IV. THURSDAY, AUGUST 30, 1883. No. 26

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The act of April 15th, 1869, does not require that the evidence of a party in interest, though the only evidence on his side, should be corroborated to make it effective.

If a party who can read will not read a deed put before him for execution, or if being unable to read will not demand to have it read or explained to him, he is guilty of supine negligence, which is not the subject of protection, either at law or equity.

April 25, 1881. RICE, P. J.-The judgment, of which this is evidently a revival, was given by a defendant to secure the repayment of a loan made by him in June, 1871. The premium paid for the loan was $101 on a share. The amount of the loan was $1,000, and the premium being deducted the actual amount of cash received by him was $495. On the whole amount of $1,000 he paid interest at the rate of one-half of one per cent a month for several years, but very irregularly, and consequently he was fined on each default in payment of interest, and these fines were in many cases compounded. We make no allusion to the dues paid, nor the fines on the dues, for the reason that these payments were not on account of the loan, and until there is an application to withdraw, or to have stock or dues applied in payment of the loan, the association is certainly not bound to apply them, but if nothing else prevented would be entitled to have its judgment security kept in force for the full amount.

As the case now stands, the only ques

charged and deducted, the various sums paid as interest on the loan, and the various fines charged on default in payment of interest, and fines on such fines, are usurious? The question is raised by article v. of the charter, which provides that the premiums, fines, and charges that may be paid by stockholders shall not be deemed usurious, "provided that such stockholders shall have signed an agreement containing the following words, to wit: "We, the stockholders and trustees of stock in the Anthracite Building and Loan Association, whose names are hereunto subscribed, do hereby agree to, and bind ourselves, our heirs, executors, administrators, and assigns, to abide by the provisions of the charter of the association and such bylaws as are, or may be hereafter, adopted." This provision of the constitution is peculiar, but undoubtedly lawful, and if the defendant did not subscribe the agreement prescribed, then the payments alluded to are usurious, and should be deducted from the judgment, and no laches nor delay on his part can make them lawful. It appears from the depositions that the defendant is an illiterate man, and cannot write. He swears that he never subscribed his name to this agreement, and never authorized any other person to sign for him. On the part of the plaintiff it is shown that his name is subscribed with others under the agreement, which is entered in a book of the association called "Registry of stockholders," but it is not claimed to be in the handwriting of the defendant. The agreement is on the first

page of the book, and the name of the defendant is written on the seventh page, the intermediate pages, as would seem from the depositions, being taken up by the signatures of other stockholders. Mr. O'Neill testifies that he was attorney for the association; that at one of the meeting, held in the early part of 1871, he requested the members to come forward and

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