Pennsylvania Superior Court Ceremonial Sessions
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Pennsylvania Superior Court Ceremonial Sessions _____________________ Commissioned Judges One through Sixty-Seven Edited by The Honorable John T.Bender Copyright © 2008 by The Pennsylvania Superior Court All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission of the editor. Printed in the United States of America. ISBN: 978-1-59571-336-0 Library of Congress Control Number: 2008939715 Word Association Publishers 205 Fifth Avenue Tarentum, Pennsylvania 15084 www.wordassociation.com This book is dedicated to my past, present and future colleagues who have enjoyed and will enjoy the privilege of service on the Pennsylvania Superior Court. Table of Contents Foreword 13 The Honorable Charles Edmund Rice, P.J.E. Memorial Service 15 The Honorable James Addams Beaver Memorial Service 18 The Honorable George B. Orlady, P.J.E. Biography 22 The Honorable John J. Wickham Memorial Service 27 The Honorable Edward N. Willard Biography 32 The Honorable Howard J. Reeder Memorial Service 36 The Honorable Henry J. McCarthy Biography 42 The Honorable Peter P.Smith Biography 46 The Honorable William W. Porter Biography 50 The Honorable William D. Porter, P.J.E. Memorial Service 55 The Honorable Dimner Beeber Biography 57 The Honorable John I. Mitchell Biography 62 The Honorable Thomas A. Morrison Biography 69 The Honorable John J. Henderson Memorial Service 73 The Honorable John B. Head Biography 75 The Honorable John W. Kephart Biography 79 The Honorable Frank M.Trexler, P.J.E. Biography 86 The Honorable J. Henry Williams Biography 90 The Honorable William H. Keller, P.J.E. Minutes in Memoriam 94 The Honorable William B. Linn Biography 105 The Honorable Robert S. Gawthrop Biography 110 The Honorable Jesse E.B. Cunningham Biography 115 The Honorable Thomas J. Baldridge, P.J.E. Biography 117 The Honorable J. Frank Graff Biography 121 The Honorable John G. Whitmore Biography 131 The Honorable James B. Drew Biography 134 The Honorable Joseph Stadtfeld Biography 140 The Honorable William M. Parker Biography 144 The Honorable Arthur H. James Biography 148 The Honorable Chester H. Rhodes, P.J.E. Biography 153 The Honorable William E. Hirt Biography 157 The Honorable Charles E. Kenworthey Biography 161 The Honorable Claude T.Reno Biography 165 The Honorable F. Clair Ross Memorial Service 169 The Honorable W. Heber Dithrich Memorial Service 172 The Honorable John C. Arnold Biography 178 The Honorable John S. Fine Biography 183 The Honorable Blair F. Gunther Biography 188 The Honorable J. Colvin Wright, P.J.E. Biography 193 The Honorable Robert E. Woodside Biography 197 The Honorable Harold L. Ervin, P.J.E. Biography 204 The Honorable Philip O. Carr Biography 208 The Honorable G. Harold Watkins, P.J.E. President Judge Induction Ceremony 210 The Honorable Harry M. Montgomery Portrait Presentation 218 Resolution 229 The Honorable Gerald F. Flood Memorial Service 232 The Honorable Robert Lee Jacobs, P.J.E. President Judge Induction Ceremony 234 The Honorable J. Sydney Hoffman Portrait Presentation Ceremony 241 Memorial Service 265 The Honorable Theodore O. Spaulding Biography 278 The Honorable John B. Hannum Biography 283 The Honorable William F. Cercone, P.J.E. Induction Ceremony 288 President Judge Induction Ceremony 296 Unveiling of the Portrait Ceremony 317 The Honorable Israel Packel Temple Law Review Dedication 336 The Honorable Edmund B. Spaeth, Jr., P.J.E. President Judge Induction Ceremony 351 Portrait Presentation Ceremony 368 The Honorable Gwilym A. Price Memorial Service 374 The Honorable Robert Van der Voort Induction Ceremony 389 Resolution 395 The Honorable John P.Hester Biography 398 The Honorable James R. Cavanaugh Memorial Service 403 The Honorable Richard Wickersham Biography 408 The Honorable John G. Brosky Presentation of the Portrait 413 Supreme Courtroom Final Session 435 The Honorable Judges: Richard DiSalle, Justin M. Johnson, Frank J. Montemuro, Zoran Popovich, Perry J. Shertz, and Donald E. Wieand Installation Ceremony 440 The Honorable Donald E. Wieand Installation Ceremony 467 The Honorable Frank J. Montemuro Presentation of the Portrait Ceremony 496 The Honorable Stephen J. McEwen, Jr., P.J.E. Presentation of the Portrait Ceremony 512 The Honorable Phyllis W. Beck Installation Ceremony 528 The Honorable Vincent A. Cirillo President Judge Installation Ceremony 547 Memorial Ceremony 564 Listing of Superior Court Judges Since 1895 580 Listing of President Judges 583 Acknowledgements 584 Foreword This project began in 2002 when then President Judge Joseph A. Del Sole asked me, as chairman of the Archives Committee, to compile the induction ceremonies of the Judges of the Superior Court of Pennsylvania. During the process of gathering the induction ceremonies, it became obvious that once collected, we would need a method to preserve and to present the ceremonies. As progress was made, the project expanded to include photographs, other ceremonies and, in some cases, biographies of some of our Judges. The publishing of the accumulated material in this volume completes the task for the first sixty-seven judges of our Court. In this volume we have included photographs, biographies and all known ceremonial sessions relevant to our first sixty-seven commissioned judges. While we have attempted to be all inclusive, we were unable to find ceremonies for all Judges. In cases where a ceremony could not be found, we have used other appropriate writings or a biography highlighting that particular Judge’s career. The Honorable John T. Bender 87th Commissioned Judge of the Superior Court of Pennsylvania June 2008 Installations and Other Ceremonial Sessions of the Pennsylvania Superior Court 15 THE HONORABLE CHARLES EDMUND RICE September 15, 1846 – May 16, 1919 Assumed Office Date: June 28, 1895 President Judge 1895-1915 County: Luzerne MEMORIAL SERVICE And now, to wit: July 17, 1919, it is ordered, that, this statement, expressive of our sense of loss and appreciation of the life and character of the late President Judge CHARLES E. RICE, be spread at length on the records of the court. BY THE COURT. HONORABLE CHARLES EDMUND RICE died at Wilkes- Barre, May 16, 1919. He was born at Fairfield, Herkimer County, New York, September 15, 1846. His early years were spent as a country boy interested in all of the things that make youth of such a boy; gifted with a healthy body and an alert, receptive mind, charmed with sports and school service, and giving promise of a useful career in the world of men. He matured early, was graduated from Hamilton College in 1867, from the Albany Law School in 1869, and was admitted to the bar of Luzerne County the same year; serving as its district attorney from 16 Installations and Other Ceremonial Sessions of the Pennsylvania Superior Court 1877 to January 1, 1880. From that date to 1895, he was president judge of the courts of that judicial district. The Superior Court of Pennsylvania was constituted by an Act of June 24, 1895, P.L. 212. Judge RICE was commissioned as its president judge by Governor Daniel H. Hastings, to serve from July 1, 1895, until the first Monday in January, 1896. He was elected for the full term and commissioned to serve for ten years from the first Monday of January, 1896. He was again elected in 1905, and commissioned to serve for a period of ten years from the first Monday of January, 1906. He declined re-election, which was tendered to him open-handed by all the political parties of the State, accompanied by the unanimous request of the profession. It is impossible to put into words his service to the profession. He was never engaged in or identified with any business undertaking. The law was his mistress, and to her he rendered assiduous and loyal service. Guided by the simplest and kindliest ideals, with an entire absence of pretence he combined with the highest standard of clean living, a thorough and accurate knowledge of the law, and the ability to use it effectively in dealing with all complicated, legal problems. Neither public clamor nor personal friendship ever swerved him from the straight, clear line of official duty. His courage and loyalty to service were always consistent. As a fair illustration: When he was district attorney of Luzerne County, at the conclusion of a trial he stated to the court, “There should be no conviction.” Despite his protest, a conviction was secured. He refused to move for sentence, and on review by the Supreme Court, he appeared at its bar and stated, “That he was obliged to say under his oath of office, that there should have been no conviction.” The judgment was reversed in a scathing opinion by PAXSON, C.J., in which he said: “There was no evidence to justify the jury in rendering a verdict of guilty or the court in sustaining it. The jury were not only erroneously instructed upon the law, but were palpably misled by the comments of the court upon the evidence.” The record of such abuse of judicial power, and the courage of a conscientious district attorney is preserved for the profession in Pauli v. Commonwealth, 89 Pa. 432. He was regarded by the profession not only as an able jurist and honest man, but a firm, fair, and courtly administrator of the law. He believed in and exemplified the highest standards of private and public rectitude, and all who were brought Installations and Other Ceremonial Sessions of the Pennsylvania Superior Court 17 within the zone of his influence measured him as foremost of all their associates. His written language was a transcript of his mind, and he was studious that all things should be done uprightly, deliberately and resolutely. The names of the parties, of counsel, the court from which the appeal was taken, were irrelevant and immaterial matters in forming his conclusion.