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and any verbal testimony of admissions

O. C. ADJUDICATIONS. of guilt should be cautiously considere! by you; but, after such cautious consid- By JUDGE SMITH: eration, if you believe the truth of such testimony, you are at liberty to act upon

Thursday, February 11, 1915. it, and consider it in connection with all Peter P. Hill, Penn. the other evidence in the case. By this instruction the jury were told they were

Monday, February 15, 1915. at liberty to consider an unconscious Elizabeth Heisley, Columbia. statement of the defendant. As we have

L. E. Royer, Ephrata Boro. said, it is only the voluntary statements of the accused that can be used against

Jacob Metzger, City. him. If the defendant was asleep when

Susanna Werntz, Earl. he spoke, he was not conscious, and the Jacob E. Ebersole, Conoy. statement was not voluntary. Where Anna V. Wambaugh, Columbia. there is no doubt about the matter, and

Mary E. Wolf, Columbia. the evidence shows the accused was

Elizabeth B. Baker, W. Cocalico. asleep when he spoke, the state:nent should be excluded by the court. Where

Franklin M. Krick, Adamstown. there is a question as to whether the John S. Fissel, Columbia. accused was conscious or unconscious when he spoke, it should be left to the

Thursday, February 18, 1915. jury under proper instruction." The Frederick R. Leonard, Mountville. American Lace Recrieri' calls attention to Elmira R. Bair, City. a case contra, State 7'. Morgan, 35 W.

Rebecca Cassel, W. Lampeter. Va., 260.

Samuel J. Rodgers, Drumore.

John J. Zook, Leacock.
Copy of Certificate of Admission of James
Buchanan to the Bar of Lancaster

Harriet Brubaker, Rapho.
County

Henry Smoker, City.
Pennsylvania

Jane G. VcFarland, Mt. Joy Boro. Lancaster County SS

C. B. and Emma Wellinger, Colerain.
I, John Passmore, Protho:10-
tary of the Court of Com-
mon Pleas for said County,
Certify, that James Bu-
chanan, Esquire, was on ex-
amination by Charles Smith, SUPERIOR COURT DECISIONS.
William Montgomery and

Wednesday, February 24, 1915.
William Jenkins, Esquires,

reported this day, to be well (SEAL) qualified to practice as an

By Rice, P. J.
Attorney at Law, and was Lentz 2. Raum, appellant. Affirmed.
admitted and sworn as such
in said Court accordingly.

By ORLADY, J.
In Testimony whereof I have

Commonwealth 2. Falk. Reversed hereunto set my hand and

with procedendo.
the seal of said Court at
Lancaster, this seventeenth

Commonwealth alleber. Reversed
day of November, A. Dom. with procedendo.
one thousand eight hundred Commonwealth 7. Dissinger. Affirmed.
and twelve.

Wolf 7. Solomon. Affirmed.
(Signed)
JOHN PASSMORE,

Prothonotary.

LANCASTER LAW REVIEW. Hensei

.

Bar Meeting

take action on the death of Hon. W. U. Hensel.

Judge Landis was made chairman of Vol. XXXII.] FRIDAY, MAR.5, 1915. [No. 18 the meeting and Spencer G. Nauman,

secretary

On taking the chair Judge Landis said:

Gentlemen of the Bar:

According to our custom we meet to To Take Action on the Death of

review the career of our deceased

brother, William U. Hensel, each in his Hon. W. U. HENSEL, LL. D., Litt. D.

own way, to pay his last tribute to his William Uhler Hensel was born in memory. Quarryville, Pa., December 4, 1851. The story of his life, his achievements

He was of German Lutheran and at the Bar and elsewhere, and the triEnglish-Quaker descent on his father's umphs won by him, are graphic pages side and Pennsylvania-German on his in our own history. They cover so wide mother's side.

a range that if I were to more than His father was Geo. W. Hensel and touch upon them, I might perhaps tax his mother née Anna M. Uhler.

your patience, or at least might take After attending the Chestnut Level, from others time which they can better Parkesburg and Paradise Academies, he fill. entered Franklin & Marshall College and Let us then first make up the formal graduated with the class of 1870.

record of his life: Mr. Hensel was born He studied law in the office of David on December 4, 1851, in the County of G. Eshleman, and was admitted to the Lancaster, and he died on Saturday, Bar January 23, 1873.

February 27, 1915, about 5 o'clock a. m., In May, 1874, he entered journalism, in the city of Savannah. becoming part owner of the Lancaster His life was full of action, and he Intelligencer.

labored long and well. And yet his life He was State Chairman of the Demo- | was tinted with joy. The beautiful cratic party from 1882 to 1887 and dele- words of Emerson which he used on a gate to its national conventions of 1880, like occasion for a dear friend, come to 1884, 1888 and 1892.

my lips : In 1887, he again took up legal practice in Lancaster, Pa., becoming asso

“July was in his sunny heart,

October in his liberal hand." ciated with the present Chief Justice of Pennsylvania in the law firm of Brown

He and I read law in the same office. and Hensel.

I now recall the kindly face of that old In 1891, Governor Pattison appointed Roman, David G. Eshleman, our prehim Attorney-General of Pennsylvania.

ceptor. He was named the chancellor, In 1898, he was elected president of and those who knew him know that he the Pennsylvania Bar Association.

was learned. After our admissions we He was a vice-president of the Ameri- both staid with him—Mr. Hensel for a can Bar Association, and a member of short time only, but I for a long period. the State Board of Law Examiners.

Mr. Hensel came to the Bar on January He was president of the Lancaster 23, 1873, and I on September 8, 1877. County Bar Association.

Of course I entered the office long after He died at Savannah, Georgia, on

he had left it. Saturday, February 27, 1915, at 5 o'clock

After his admission he met with the success which usually attends a beginner,

and perhaps losing hope, as many have A meeting of the Lancaster Bar was done before and since, he was attracted held in the large Court Room at 10 to journalism as a better field. Buying o'clock a. m., Tuesday, March 2nd, to out the one-half interest in the Intelli

a. m.

66

as

were

gencer,” as editors and proprietors, the Committee on Law Reform. Few lawfirm of Steinman & Hensel opened up yers in our commonwealth have wielded business. It was during this period- so potent an influence in the moulding namely, in 1880—that the celebrated case of its statutes. He was also a member of Ex parte Steinman and Hensel arose. of the American Bar Association, and It is reported in 95 Penna. at page 220.

took an active interest in its work. Because of a publication in their news- He was the soul of honor, and his paper concerning some election prosecu- conduct to the court leaves only pleastions, the editors were summoned before ant recollections. It is needless to dwell the late Judge Patterson, and rules hav- at any length on his personal relations ing been entered upon them, they were

to the Bar. His home and heart were subsequently disbarred attorneys. always open to us, and many pleasures However, on appeal to the Supreme have we experienced at his hands. Court, this decree was reversed, and they In thinking of him, I am reminded of

reinstated to their profession. these lines, which seem to me so fitting While an editor he took an active in- to his departure: terest in politics, and became influential “Long he slumbers; will he waken, greeting in the councils of his party.

as he used to do But his heart was after all with the With his kindly playful smile his old comprofession of the law, and refusing a

panions, me and you,

Long he slumbers — though the wind of position which offered large compensa

morning sweetly blows to sea tion and high future advancement, he Though his barque has weighed its anchor, opened an office in the Eshleman Build

and the tide is flowing free? ing, and attempted to enter once more

All his days were given to action, all his

powers of mind and will upon its practice. Then came the turn- Now the restless heart is silent, and his busy ing-point in his career. In 1887, the

brain is still." present Chief Justice, who was then bur

And now we draw down the curtain dened by a practice too extensive for on his mortal life, leaving to those who his strength, took him into partnership, loved him only tender memories. and the firm of Brown & Hensel was formed. This firm at that time had,

On motion, the Chair appointed Judge and thereafter continually attracted tó Hassler, John E. Malone, William N. itself, a large amount of business, and it Appel, Redmond Conyngham and Berwas known as one of the prominent nard I. Myers as a committee to draw firms throughout the State. It con- up suitable resolutions, who reported the tinued until 1899, when Justice Brown following which were adopted: took his place upon the Supreme Bench. “With feelings of appreciation for

It showed the calibre of his mind, and his life and sorrow for his death, we his the strength of his genius that after so fellow-members of the Bar, enscribe this many years devoted to another pursuit, minute to the memory of Hon. William he could at once plunge into the law, and Uhler Hensel, our well-loved brother. shortly occupy its foremost station. In In the years that have passed since three years—in 1890—he was appointed we have joined the ranks of this Bar by Governor Pattison Attorney-General men have come and men have gone. of the State. That he bore himself with Lawyers of talent and learning have run credit in his high office is evidenced by their course, and each has left his imthe Bardsley Case and others of similar press on the minds of his associates and character, which appears in the reports. successors, but no one has reached so He was soon rated as among the fore- high a plane, has shown the same versamost lawyers in the State, and he never tility of genius, or the wide range of lost that rank.

knowledge and achievement, as he whose When the State Bar Association was career has now been closed by death. formed he was one of its organizers. He His talents were exceptional. Orator, afterwards became its president, and he journalist, lawyer, statesman in the has been up to this time Chairman of its larger sense, college president, author, and literateur, historian, social leader | beyond our borders, the hope of a fuller and generous host, he covered the whole understanding of life. Having been an range of activities, nor because of these exception to the biblical pronouncement did he give sparingly to his profession that, “A prophet is not without honor and his State.

but in his own country, and among his His capacity for labor was unequaled own kin, and in his own home,” the peo and his eagerness to advance the cause ple of this community are grieving beof justice and the public good could be cause of the death of Hensel. at all times confidently counted upon. He was a superior man, having a suEven in the days of his decline his ef-perior quality of brains, energy, characforts remained unchecked. His service ter. Saturated with information and to the public was for the most part with impelled by a restless energy, he disout money and without price.

patched an immense amount of profesHis home was dear to him, and he sional, literary and miscellaneous work, was proud of it. To spread the fame and with an accuracy, efficiency and exof his city and his county was to him pedition that staggers belief. His manan unending delight. By reason of his ner, by reason of his promptness of aclarge acquaintanceship with public men, tion, to some at times seemed brusque, he carried far and wide the story of but none could be quicker than he to deour people both by speech and pen. tect its searing effect, and none loved

He was a man of highest instincts more than he to temper the feelings of and integrity, and his banner was always an overly-sensitive one with the sunshine on the outer walls of truth. He was of his beneficence. generous in impulses and in actions. In

A comparison of one's intellect with times of personal stress no one of his his would be glory enough for the ordiassociates ever went to him for aid or nary big man. Demagogues with less counsel without receiving cheerfully the oratorical power than his could incite to best that he could give.

revolution. To be classed with him as a He had a happy home and a happy lawyer would distinguish any one. life, over which now in this hour of grief He elevated the tone of our bar. His we silently draw the pall. He lived his judgment was excellent. life as he would have it, and if it was all nimity was sublime. too short for the dear ones and friends There was no cant in his make-up, he leaves behind, yet it was filled to the and he had little respect for those who measure, when he laid down to rest." in the guise of benefactors are perpetu

ally inflicting on society their ill-digested While the committee was deliberating, plans for man's uplift at the sacrifi Judge Smith said:

his liberty of thought and freedom of ac

tion. His reason repelled their empty Mr. Chairman:

morality and denounced their despotic In the study of history we have been benevolence. Unlike them he was not impressed by a life in each epochal per- everlastingly searching for the evil in iod. Indeed, many have thought that men. He looked for the good in them, the life had been the cause of the signal and found it. He was not evil-minded. event, and not a product of the ages. His conscience was too sane and his While comparatively few lives in the honesty too pure to encourage the fitful stride of eras have left distinct foot- | Aashes of fanatics, and his spirituality prints in history, there have been many too divine to countenance commerce of who have concretely developed for Christianity. But he never prayed, human happiness and culture. This “God, I thank thee that I am not as community has been blessed by one who other men are”. has made a deep impression and whose Yet some of these things may be said example has been and will be elevating, of many men, and many of them of one who has diversified and multiplied some men. In the way I choose to reour joys and intensified in us, and some member him he was more than a brilliant

His magna

scholar, a distinguished lawyer, and a dustrial whole has made through the desuperior man. He evidenced the force velopment of co-operative work in hisof co-operative history by an advance tory and society.". In the progress of step in humanity. I make no pretense activity he found hope and joy. It was to having been in his confidence. I judge not possible for him to cease to act and his life by his acts, not from any knowl- "give himself up to calm repose ”. He edge of his hidden thoughts and sacred acted as if “ life must seek its reward beliefs. Alone from my contemplation not so much in any definite conclusion to and study of life and my sincerity and its work as in the fact that it is pressing admiration of our friend, do I look upon forward through struggle and experihim as having ben a typical embodimentence to new depths within itself, that it of advanced historical development. It is making something more of itself, putis not necessary to recite concrete acts ting more energy and resolution into its of his life. All of you know of some fight with the hostile element". In this of them. I prefer to touch some of his way in him “ the content and force of a attributes and assert conclusions, and in spirituality was continually augmented”, so doing it will be noticed that I have and his “life lifted thereby to a higher adapted the thoughts of a great philoso- level”. He had an active religion in pher, a stalwart champion of Christian- which divine and human were “no longer ity, and his words have been paraphrased so opposed that he who would rightly as little as possible.

honor God must perforce entertain a " Philosophers rule the world, and are low opinion of man”. To him“ freealways in advance of it; but their ideas dom and grace no longer stood in oppofilter through a long distance before they sition, but were complementary aspects reach the mass of the people.” It has of one and the same process ”. He acted been said of an eminent scholar and pro- as if “a consciousness of power is no found thinker that, “ The philosophy of longer incompatible with reverence, but the seventeenth century underlies the that the two sentiments demand and help thought of to-day.” But individuals, each other". Thus he lived a manly, here and there, even if not schooled in upright, joyful life, “the best that human philosophy, seem by their lives to typify nature is able to comprehend”. He did philosophical and, therefore, historical | not break with a Christian life, but beprogress. The spirit of it became in- came a further development of it. He fused in their being and expression is found no pleasure “in truckling wails given in their lives. It is as an advanced over “the wickedness of world”.

He human type that I gauge our friend. saw in it“ beauty, coherence and life",

Many men have there been who were through a spiritual vision of a life keen of intellect and resourceful in ex- "above it and beneath it, but a life which pedients, commonly honest and boastful fashioned it and found itself again in of a pietistic faith, whose passing was a it ”. He did not draw its content from relief to a community, and often to their the world, but developed it “through families too, because however circum- contact with the world, assimilating and spectly they conformed to convention- subduing it ". He reached a lofty point alities and dogmas, however great their of view and thus saw that “among men achievements, their lives were wanting must we seek God". He looked " for in that “totality of culture” which was God in close connection with human life approached in such a marked degree by rather than in some transcendental relaMr. Hensel. His life was broad, free, tion to it". To him it was “important clear, inspired by a greater independence that whilst immanental movements and spiritual spontaneity than would be should maintain their rights in the world possible for one with a less appreciative of work, yet that the divine transcendattitude towards the world. He seemed ence should at the same time be carefully to have been impelled by the force of guarded ". Religion ever remained to accumulated history and have felt the him an essential constituent of life", enormous advance mankind as an in- but a religion which stands within a

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