History of New Haven County, Connecticut, Volume I, Part 5

Author: Rockey, J. L. (John L.)
Publication date: 1892
Publisher: N. Y. : W. W. Preston
Number of Pages: 966

USA > Connecticut > New Haven County > History of New Haven County, Connecticut, Volume I > Part 5
USA > Connecticut > New Haven County > History of New Haven County, Connecticut, Volume I > Part 5

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" That it is necessary for the service of his Majesty that there be

HISTORY OF NEW HAVEN COUNTY.

adjoined to the present prison-house a timber house of forty five feet in length and twenty-two in breadth, two stories high. with chimnies at each end: and agreed that there be such a building erected on this condition ; that the town of New Haven provide a suitable place of land to set it upon."

The town voted the necessary site February 2d, 1719, granting an eighth of an acre of land, in the market place, at the old prison house, to be laid out as should best accommodate the building. This lot was upon the public green and near its northwest corner. Warham Mather. Samuel Bishop and Joseph Whiting were appointed the com- mittec in charge of the building. It was completed for occupation in the fall of 1719, but was more properly furnished later. Chairs and other furniture were supplied in 1727. and subsequently.

This house appears to have been used for the meetings of the legis- lature and the courts of the county until 1763, when the colony and New Haven united in erecting a fine new brick state house, each con- tributing £907. 9s., 3d. to defray the expense of the edifice. It also stood on the green, facing east on Temple street, on a lot a little north of the site which was afterward voted to Trinity church. Jared Ingersoll was one of the building committee, and through his influence a bell, which had been used in the meeting house, where its place was taken by a new one, was secured and placed in the turret of the state building. Originally this state and county house was gambrel-roofed. About 1800 it was much enlarged and a roof of two planes, meeting at the ridge pole, placed on it. Midway on the ridge was the cupola, with the bell. The upper story was used by the state ; the lower gave the necessary rooms for the county and the town. In 1827 the general assembly resolved "that it is expedient and necessary that a new state house for the accommodation of the general assembly should be built in the city of New Haven," and as the county and the town would derive some benefit from it, the state asked that they bear one-third of the expense. To this proposition the county judges and representatives of the county assented at a meeting held July 5th, 1827, and measures were taken to build. William Moseley. Charles H. Pond and John Q. Wilson were appointed to superintend the con- struction of this house, which was well located, on the northwestern quarter of the green, a short distance from College street. The length was placed north and south and was 160 feet. The width was 90 feet. At each end was a pediment supported by six massive columns. The general style of the architecture was of the Doric order and the walls were of stone. The basement, which was high above the ground, was encrusted with Sing Sing marble. The other two stories were stuc- coed. The legislature halls were in the upper story. In the story below were the governor's parlor, committee rooms, jury rooms, and the entire east side was used for court rooms. It was first occupied in the spring of 1830, and for sixty years was one of the most conspicuous

HISTORY OF NEW HAVEN COUNTY.

objects on the green. It was surrendered to the people of New Haven in 1874, and soon showed marks of decay, which, since it was not kept in repair, made it unsightly, and as it was no longer demanded for public use it was razed to the ground in the summer of 1890. Its site has been sodded over and hardly a trace remains to show its former location.

It will be remembered that when the first state house was located at New Haven, there was already on the green an insecure prison- house or jail. In 1720 the general assembly ordered this to be strengthened, and the county court concurring, directed that it be enlarged and a keeper's house be built thereto. Warham Mather, John Hall and Joseph Whiting were charged with these improve- ments, which were also on the the northwest part of the green. The first, or wooden state house, after it was vacated by the courts in 1763, was allowed to remain and part of it was used as an office for the Connecticut Journal, from 1767 until 1772, and later as a shop for the manufacture of metal buttons. About the time of the revolution, these buildings were removed from that part of the green and the jail or county house, as it was now called, was removed to the other side of College street, where it was enclosed with strong timbers, set up as a stockade, which seem to have afforded the necessary security. In the keeper's house proper the hospitalities of an inn were dispensed to such as desired those accommodations.

In 1801 it was determined to build a new county jail, on the east side of Church street, where a lot belonging to the Hopkins Grammar School was leased for a term of 999 years. At first it was purposed to erect a structure only two stories high, but at the solicitation of James Hillhouse and other public-spirited citizens, the plan was changed to three stories. The prison proper was in the rear and was at first also three stories high, but was rebuilt when the cell system was adopted, two tiers of cells being constructed. Over the keeper's house, in front, and in the third story was the debtors' prison, where those confined were treated with considerable attention, notwithstanding the windows were grated with iron bars. Here. also, the prison keeper was privil- eged to act as the entertainer of the public. In 1856 the county began the building of a new jail, on Whalley avenue, when the lease for the lot on Church street was sold to the city of New Haven for $25,000, upon which its fine hall was completed in 1862.

The county jail now in use was occupied in 1857. It is built on a desirable site of four acres of land, on Whalley avenue, which have been well improved for this use. About two acres are covered with buildings, which have been arranged to accommodate three hundred prisoners. The prison is under the general care of the county com- missioners and is well maintained. The commitments during a year are many but a large proportion are sent there for drunkenness or crimes allied with that habit. In 1873 the prisoners committed were

HISTORY OF NEW HAVEN COUNTV.

1,890, and the jail expenses $16,417. In 1878, prisoners committed, 1,922 ; expenses, $23,931.25. In 1883, prisoners sent up, 2,224; expenses, $20,103. In 1888 the commitments reached 2,910, but two years later under the restraining influence of the license law the number committed was only 2,665. In the latter year the commit- ments for drunkenness were about 200 less than in 1888. The cost to the county, including some extraordinary expenses, was that year more than $49,000. In 1890 it was about one-fifth less.

The New Haven County Temporary Home for Dependent and Neglected Children, was established under the provisions of an act passed creating these institutions. This home was opened January 1st, 1884, in a building leased for that purpose, at Tyler Station, in the town of Orange. In the spring of 1886, a permanent home was founded on Sheldon avenue, where a spacious lot is occupied.

The house has at various times been improved to adapt it to the wants and comforts of the inmates. It is now capacitated to accom- modate 75 children. From fifty to sixty have there found refuge at one time, and since the institution was opened 360 have been received under its care. About one-half of that number were from New Haven, the remainder being from 18 other towns in the county, which availed themselves of the shelter here afforded to children in distress until other provision could be made for them. About one-half of those yearly admitted are provided with homes in proper families.

The home is maintained at an outlay of about $7,000 per year, and is managed by the county commissioners and a member each of the state boards of health and charities.

We have seen that the county united with the town and the state in building state houses on the public green, the last one being erected in 1830. This was occupied for court purposes until December, 1862, when the county secured a ten years' lease of rooms in the new city hall for court chambers and offices. In 1870 the city authorities noti- fied the county commissioners that their lease could not be renewed. which necessitated action to secure new quarters. The commissioners were authorized June 2d, 1871, to purchase a lot and build a court house in the city of New Haven. The Doctor Jonathan Knight lot, directly north of the city hall, was purchased for $48,000, upon which the main edifice was erected in 1872-3. at a cost of $120,000. About $14,000 more was expended in furnishing the building, the aggregate cost being about $182,000. It fronts 60 feet on Church street and extends to the rear 120 feet. The house is three stories high. and its front, which is ornate, is built of Nova Scotia stone. The large door- way is in the gothic style and is flanked by very fine pillars of Scotch granite. In the third story of this house is the Yale Law School, which is here furnished quarters in consideration of the free use of its valuable law library by the courts and members of the bar of New Haven county. Its collections are very extensive and are being con-

HISTORY OF NEW HAVEN COUNTY.

stantly enlarged, the $10,000 fund donated by Governor James E. English in 1873. being used for that purpose. The two other floors of the building contain the chambers of the superior and common pleas courts, commissioners' rooms, well-appointed offices, and the adjuncts of modern halls of justice.

In the course of two years additional accommodations were required, when the George Hoadley property, on the north of the court house, was purchased, in 1883, and on the rear of the same, but connected with the main edifice, an addition was built, chiefly to accommodate the criminal courts of the county. Its interior is admirably arranged to that end. The entire cost of this improvement was about $100.000. The building was first occupied by the October term of the court, in 1884, and it has been found to well serve its purpose. The lot in front will permit the still further enlargement of the court house, which is not only one of the most valuable, but in its arrangements is surpassed by but few others in the eastern part of the Union.

In 1838 the general assembly enacted a law that the county court should thereafter consist of one judge and two associate members of the quorum, to be called county commissioners. Some of the specific duties of the latter were to take care of the county property and to regulate or assist in the regulation of the sale of liquor. These duties have always been attached to the office. In other capacities they were sort of associate judges. In 1841 another act constituted the board of county commissioners much as it now is, the powers and duties since that time having been increased or curtailed at the fancy of the several legislatures. By bestowing enlarged powers the office is now rela- tively more important than formerly.

The commissioners appointed by the general assembly, when the board was composed of two members only, are named in the list of county judges. Under the act of 1841 and those of a subsequent date. the commissioners have been the following: 1842, Selah Strong. De Grosse Maltby, James D. Wooster ; 1843-4, William H. Ellis, George Loudon, Malachi Cook : 1845-6. Edward A. Cornwall, Greene Kendrick, Hoadley Bray: 1847, James S. Brooks, Loyal F. Todd, Samuel Wise : 1848-9, Philemon Hoadley, Samuel C. Johnson. Leonard Bronson : 1850, Leonard Bronson, Reynold Webb, Philo Pratt ; 1851, David S. Fowler, Timothy V. Meigs, Millard Spencer ; 1852, Fitch Smith, Timothy V. Meigs. Perry Averill ; 1853-4, Augustus Hall. Orrin Plumb, Franklin C. Phillips : 1855, John Durrie, Archibald E. Rice, Selah Lee : 1856. Benjamin F. Libby, Joshua Kendall, William C. Bushnell ; 1857, Albert B. Wildman, Joshua Kendall, Archibald E. Rice : 1858-60. Albert B. Wildman, Edwin B. Munson, Archibald E. Rice : 1861, Alfred Daggett, Josiah M. Colburn, Hoadley Bray ; 1862, Edmund Parker, Archibald E. Rice, George Rose ; 1863-6, Parker, Rice and Charles Ball ; 1868-71, Archibald E. Rice, Richard Dibble. Charles P. Brockett : 1872, Rice, Brockett and Nathan Andrews ; 1873,

HISTORY OF NEW HAVEN COUNTY.

Rice, Andrews and Carlos Smith : 1874. Andrews, Smith and Jesse Cooper ; 1875, Cooper, Smith and John W. Bassett : 1876. Cooper. Bassett and Linus Birdsey ; 1877, Birdsey, John W. Lake and Charles A. Tomlinson ; 1878, Lake, Hiram Jacobs, Marcus E. Baldwin ; 1879, Lewis B. Perkins, Jacobs and Baldwin: 1880-1, the same; 1882 3, Jacobs, Baldwin and George F. Perry: 1884, Jacobs, Perry and Albert B. Dunham ; 1885-91, Jacobs, Dunham and Cecil A. Burleigh.

The first civil organization in the county was the Court of Twelve Free Burgesses, selected by the planters of Quinnipiac. June 4th, 1639, which was empowered to select or appoint the proper magis- trates. That duty was performed October 25th. 1639, when Theophilus Eaton was chosen the magistrate of the plantation court. with Robert Newman, Matthew Gilbert, Nathaniel Turner and Thomas Fugill. as deputy magistrates. The last named was appointed clerk of the court and Robert Seeley was selected as the marshal.

Scarcely was this court organized before its attention was engaged in an important trial, which resulted in the conviction of the Indian Nepaupuck, accused of the murder of Abraham Finch, of Wethersfield. Nepanpuck having been so charged, came into the town voluntarily. but on being taken into custody by the new marshal. managed to escape. He was recaptured on the 26th of October. 1639, and the trial proceeded. Testimony against him was given by some of his fellow Indians, but the evidence of his guilt was more clearly con- firmed by the confession which he himself made. October 28th. The following day he was sentenced to death. The penalty was not long delayed for, October 30th, 1639, the Indian's head was cut off, and. in order to make his fate serve as an example to the other Indians, it was placed on a pole and exposed on the market place. on the present New Haven green. The effect was salutary. For many years the colony was spared the pain of carrying out another capital punish- ment. The market places in the several towns were utilized for jail sites and there, also, were put the instruments for inflicting minor punishment-the pillory and the whipping post. In most instances they were continued until after the first quarter of the present century. The one on New Haven green was not removed until 1831.

Each of the other plantations. Milford and Guilford, also had its courts organized in a manner similar to that of New Haven : and after the New Haven jurisdiction was formed. in 1643, these planta- tion or particular courts were continued and were allowed to take cognizance of certain matters. From them appeal could be taken to the general court, composed of the deputies and magistrates of the jurisdiction, which convened semi-annually at New Haven. This colonial court consisted of two branches. viz. : that of the deputies elected by the several towns semi-annually or annually, and whose functions were mainly legislative ; and the branch composed of the governor, deputy governor and three or more magistrates, all of

HISTORY OF NEW HAVEN COUNTY.

whom were distinguished for their sound judgment, probity and patriotism. This was the judicial part of the court. It was presided over by the governor or deputy governor, sitting with the magistrates from the several plantations, five members constituting a quorum. It was, from the nature of the constitution, the last court of redress. In all these courts, particular and colonial, there was no jury and the principles of action and justice were based upon the Mosaic law of the Bible. Especially were the laws relating to the observance of the Lord's day strictly enforced.

In 1655 the code of laws prepared by Governor Theophilns Eaton was adopted as the first general statutes of the colony. Most of the laws were very stringent and some of them arbitrary. After the restoration of Charles II. they became derisively known as the " Blue Laws," and have been held up to ridicule as unnatural and unreason- able, when in fact they were just about such laws as any crude govern- ment would use if it attempted to exercise a paternal care over its subjects. They were, in the main, the Mosaic laws, expressed in different words, in some instances, and while they may have been based upon righteous principles they were, undoubtedly, better adapted for a patriarchal form of government, in a semi-civilized country, than for a republic whose people have been trained to enjoy enlarged liberties and increased freedom of thought and action. In 1673 a new code of laws was approved and printed for the use of the courts in the united colonies. The laws in this digest were less stern than in the former ones, many of the harsh features having been eliminated.

In May. 1666, the general court of Connecticut colony ordered that the court of magistrates of the jurisdiction should be abolished and that a county court should take its place. It was directed that this court should hold sessions in June and November of each year, and that it should be presided over by no less than two assistants of the general court (members of the upper house of the general assembly) and two or more commissioners, five persons, as before, forming a quorum. The commissioners were legislative appointees and took the place of the magistrates first elected by the burgesses. The office was filled annually until 1698, when justices of the peace were first appointed, from which were selected or appointed the justices of the quorum. The first justices of the peace for New Haven county were, as reported in the state records: "Mr. Tho. Trowbridge, Sent of the Quorum : Capt. Tho. Clarke, Mr. Josiah Rossiter, of the Quorum : Mr. Will Malbie, of the Quorum ; Capt. Tho. Yale, Mr. Jeremiah Osborn, Mr. John Alling, Capt. Ebenezer Johnson." The number of justices appointed in subsequent years varied, and at first they were appointed for the county as an entire body, and not by towns, as became the later practice.

The assistants from New Haven, i.e., members of the upper house

HISTORY OF NEW HAVEN COUNTY.

of the general assembly. from the time of the union in 1665 until 1698, when they ceased to preside over the county court, were as follows : William Leete, Guilford, 1665-76 : William Jones, New Haven, 1665- 98: Benjamin Fenn, Milford, 1665-73: Jasper Crane. Branford, 1665- 68: Alexander Bryan, Milford, 1668-79 : James Bishop, New Haven. 1668-92 : Robert Treat, Milford, 1675-98 ; Thomas Topping, Branford, 1674-85; Matthew Gilbert, New Haven, 1677-78: Andrew Leete, Guilford, 1678-98 ; Moses Mansfield, New Haven, 1692-98.

The last named was, in 1698, appointed the first county judge. That office was filled by yearly appointments until 1855, when the county court was abolished. The judge had the assistance, in presid- ing over the county court, of justices of the quorum, selected from the list of from four to eight yearly appointed, until 1838, when the office of justice of the quorum was abolished, and two commissioners were appointed to act with the judge in holding the county courts.

In 1841 the office of commissioner was divorced from the county court and established as a separate office. The county judge was now the sole presiding officer until the court ceased to exist in 1855.

The county court transacted all judicial business, including the probating of wills, until 1714, when the New Haven county probate court was established, John Alling being the first judge. In 1719 the division of the county into other probate districts began.

In the county court were first practiced the usages of the English courts, and the trial by jury was first given a proper place, not only in this court but in other courts in the county, held by justices.

In 1869 the New Haven court of common pleas was established with powers much like those which had pertained to the old county court, and enlarged jurisdiction. Its business increased very rapidly and it has been found necessary to divide the court into two branches, viz. : the civil side and the criminal side, and to appoint two judges for the same. Another relief for the overtaxed condition of the busi- ness was found in the creation of the Waterbury district, which embraces parts of this county and some of the adjoining county, and sessions of the common pleas courts and superior courts are held there.

In addition to the superior court of the state another court of appeal, the supreme court of errors, has been created, and New Haven county and Fairfield county are embraced in the Third judicial dis- trict, courts being alternately held at Bridgeport and New Haven.

In most of the towns justices courts have been continued, but in 1784 a city court was established in New Haven ; and, later, city and police courts were created for Waterbury and Meriden. Borough and town courts have been established in Wallingford, Derby and Ansonia .*

The following have been the judges of the county court and the *See accounts of those towns.

HISTORY OF NEW HAVEN COUNTY.

justices of the quorum, as appointed by the general assembly, the first name after each date being that of the judge: 1698-1703, Major Moses Mansfield, Jeremiah Osborn, John Alling, Thos. Clark, William Maltby, Ebenezer Johnson, Eleazer Stent ; 1704-6, John Alling, Nathan Andrews ; 1707-8, John Alling, William Maltby, Thos. Clark, Ebenezer Johnson, Samuel Eells, Abraham Fowler, Nathan Andrews ; 1709-12, - -, Nathan Andrews, William Maltby, Abraham Brad- ley, Abraham Fowler, Thomas Yale, Joseph Treat, Jonathan Law; 1713- 17, Jonathan Law, Joseph Treat, Abraham Bradley, Warham Mather, Samuel Bishop, James Wadsworth, Ebenezer Johnson ; 1718, Jona- than Law. Ebenezer Johnson, Joseph Treat, Warham Mather, Abraham Bradley, Samuel Bishop; 1719, James Wadsworth, John Hall ; 1720 4, James Wadsworth, Abraham Fowler, Warham Mather, John Hall, Samuel Bishop. Ebenezer Johnson, Samuel Clarke ; 1725-9, John Hall, Warham Mather, James Hooker, Samuel Bishop, Andrew Ward, John Riggs: 1730-5, Samuel Eells, Samuel Bishop, James Hooker, Roger Newton, John Riggs ; 1736-7, Samuel Eells,

Samuel Bishop, James Hooker, John Riggs, John Russell,

Samuel Hill: 1738-9, Roger

Newton, Samuel Bishop, James

Hooker, John Riggs, John Russell, Samuel Hill; 1740-1, Roger Newton, Samuel Eells, Isaac Dickerman, John Riggs,

John Russell, Samuel Hill: 1742-6, Roger Newton, Benjamin Hall, John Fowler, John Southmaid, Samuel Hill ; 1747-50, Roger Newton, Benjamin Hall, John Fowler, John Hubbard, Samuel Hill; 1751-3, Roger Newton, John Russell, John Fowler, John Hubbard, Samuel Hill ; 1754-6, Roger Newton, Benjamin Hall, John Hubbard, John Fowler, Elihu Chauncey : 1757-60, Roger Newton, Benjamin Hall, Timothy Stone, John Hubbard, Elihu Chauncey ; 1761-5, Roger Newton, Thomas Darling, Timothy Stone, John Hubbard, Elihu Chauncey ; 1766, Roger Newton, John Hubbard. Thomas Darling, Elihu Chauncey, Roger Sherman ; 1767-70, Roger Newton, Nathaniel Hill. John Hubbard, Thomas Darling, Elihu Chauncey; 1771-2, Benjamin Hall, John Hubbard, Elihu Chauncey, Thomas Darling, John Fowler, Nathaniel Hill: 1773, James Abraham Hillhouse, Thomas Darling ; 1774-6, Elihu Chauncey, John Fowler, Samuel Bishop, Jr., James Wadsworth, Jr. ; 1777. Elihu Chauncey, Samuel Bishop, Jr., James Wadsworth, Jr., Samuel Barker, Joseph Hopkins ; 1778-81, James Wadsworth, Samuel Bishop, Andrew Ward, Samuel Barker, Joseph Hopkins ; 1782-6, James Wadsworth, Samuel Bishop, Joseph Hopkins, Andrew Ward, James Beard ; 1787-9, James Wads- worth, Samuel Bishop, Joseph Hopkins, Andrew Ward, Gideon Buck- ingham ; 1790-9, Samuel Bishop, Joseph Hopkins, Andrew Ward, Gideon Buckingham, Simeon Bristol; 1800-1, Samuel Bishop, Joseph Hopkins, Gideon Buckingham, Simeon Bristol, Nathaniel Rossiter ; 1802-5, Simeon Bristol, Gideon Buckingham, Nathaniel Rossiter, Dwyer White, John Kingsbury ; 1806, Elizur Goodrich, Gideon Buck-

HISTORY OF NEW HAVEN COUNTY.

ingham, John Kingsbury, Dwyer White, George W. Stanley : 1807 10, Elizur Goodrich, Gideon Buckingham, John Kingsbury, Dwyer White, Noah Webster : 1811. Elizur Goodrich, Nathaniel Griffing. John Kings- bury, Dwyer White, Noah Webster ; 1812-14, Elizur Goodrich, Nath- aniel Griffing, John Kingsbury, Dwyer White, Bennet Bronson ; 1815- 16, Elizur Goodrich, John Kingsbury, Nathaniel Griffing. Dwyer White. Burrage Beach ; 1817-18, Elizur Goodrich, John Kingsbury, Dwyer White, Nathaniel Griffing, Isaac Mills; 1819, John Kingsbury, Chas. H. Pond,* Isaac Mills : 1820-2, Isaac Mills. Abel Wheeler. John Humphreys ; 1823-4, Isaac Mills, John Humphreys, Noyes Darling : 1825-7, Bennet Bronson, John Humphreys, Jr., Noyes Darling : 1828- 30. Bennett Bronson, Jared Bassett, Noyes Darling : 1831-4, Noyes Darling, William Hinman, Jared Bassett ; 1835, Noyes Darling. Walter Booth, Samuel Meigs: 1836, Noyes Darling, Jared Bassett, William Hinman : 1837-8, Noyes Darling, Charles H. Pond. Malachi Cook: 1839, Samuel J. Hitchcock,+ Joseph Barber, Abijah Carrington; 1840-1. Samuel J. Hitchcock, Selah Strong, DeGrosse Maltby.

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History of New Haven County, Connecticut, Volume I, Part 5

Author: Rockey, J. L. (John L.) Publication date: 1892 Publisher: N. Y. : W. W. Preston Number of Pages: 966

Author: Rockey, J. L. (John L.)
Publication date: 1892
Publisher: N. Y. : W. W. Preston
Number of Pages: 966