History of Essex and Hudson counties, New Jersey, Vol. II, Part 99

Author: Shaw, William H
Publication date: 1884
Publisher: [United States :]
Number of Pages: 830

USA > New Jersey > Hudson County > History of Essex and Hudson counties, New Jersey, Vol. II > Part 99
USA > New Jersey > Essex County > History of Essex and Hudson counties, New Jersey, Vol. II > Part 99

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Mr. Weart was retained by the county of Hudson in the important enses of the State, the Morris and Exsex Railroad Company es. the Commissioner of ruil- rond taxation, and the State, United Railroad and Canal Company rs. Commissioner of railroad taxation, to es- tablish the legality of the law of 1873, under which these companies were subjected to taxation. These cases are reported in S Vroom, 223-244.

The case of Galway rs. Fullerton (2 C. E. Green, $93), in which Mr. Weart, sitting as master for the chancellor, wrote the opinion, established a very im- portant principle of equity law, which has been relied upon and confirmed by many subsequent enses.

On the 21st of March, 1867, on the recommendation of B. G. Clarke, James S. Davenport. Dr. thautier, David Smithe, Francis Jenkins and other prominent citizens, Mr. Weart was commissioned by President Johnson as collector of internal revenue for the Fifth Revenue District of New Jersey, comprising the counties of Hudson and Fasex. He held the office until 1871, ahout four years, when he resigned, hav- ing while holding said office collected about ten mil-

lions of dollars. As an evidence of the estimation in which Mr. Weurt was held by his neighbors, the gen- tlemen who asked for his appointment voluntarily furnished his bonds, which were very heavy.

On the retirement of John Milton Holmes as pas- tor of the Congregational Church owing to his failing health, the church agreed to pay him annually fifteen hundred dollars, and in addition four thousand dollars a year to the pastor. No one was willing to act as treasurer of the church; but Mr. Weart although deeply engaged in other mat- ters, was induced to act as treasurer temporarily, but which really ran into a service of years. Mr. Weart advanced the fifteen hundred dollars to Mr. Holmes out of his own pocket for six months, the church not being able to pay the same, and then organized a volunteer association, through whose ageney and efforts the fifteen hundred dollars were paid annually to Mr. Holmes during the balance of his life, and the advances made by Mr. Weart were repaid by this association.

Mr. Weart was counsel for the Board of Chosen Frecholders for two years, and as such officer took great interest in the legislation affecting the county. He spent two winters in Trenton looking after the affairs of the county, and during that period drafted and had enacted probably twenty different acts, all of which are still upon the statute book, among the most important of which is the law creating a board of health and vital statistics in Hudson County, and the law equalizing taxation.

Mr. Weart and Hon. John Cassedy organized and started the Bank of Jersey City (how the Second Na- tional Bank), and Mr. Weart was a director and the counsel for the former bank for many years. Ile was largely instrumental in establishing the Jersey City Law Library, and has been its president ever since its organization. He is a member of the American Bar Association, has always taken part in its meetings since his membership, and has been one of its govern- ing council (there being but one from each State) for the last four years.

In 1872, Mr. Weart published in the daily press a series of articles warning the people of Jersey ('ity of the dangerous character of the rapidly growing debt. and the Hon. Dudley S. Gregory and Peter Bentley, Sr., published similar articles. These publications resulted in the formation of the "Committee of Twenty-eight," as it was then known, which commit- tre appointed n sub-committee, composed of Messrs. Wenrt, P'. Bentley, Sr., and Ir. J. M. Cornch on, who succeeded in getting the act of 1873 passed, greatly modifying the dangerous powers created by the charter of 1870. In 1872, Mr. Weart published a scheme for the government of municipalities, which has attracted much attention. In a public speech delivered at the court-house in 1873, at a meeting of citizens, Mr. Wenrt first called public attention to the important subject of railroad property exempt from taxation in

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HISTORY OF HUDSON COUNTY, NEW JERSEY.

Jersey City, which has since that time been so thor- oughly ventilated and partially remedied. This address was published in pamphlet form.

Once, on the occasion of a visit by Mr. Weart to his hi one, his mother called his attention to the neglected grave of John Hart, one of the signers of the Declara- tion of Independence, who was buried in a field grave- yard near by, with no stone or other memorial to mark the place of his interment, and suggesting the importance of doing something to keep his resting- place from oblivion. Mr. Weart, acting on the pa- triotie suggestion of his aged mother, at once drafted a bill making an appropriation to erect a monument to Mr. Hart's memory. The Legislature immediately passed the bill, and appropriated six hundred dollars for that purpose, which was afterwards, by voluntary subscriptions, increased to eleven hundred dollars. Mr. Weart was appointed chairman of the committee having the matter in charge, and on the 4th day of July, A.D. 1864, a monument was reared and dedi- cated with appropriate and imposing ceremonies over the spot where reposed the ashes of John Hart (his remains having been removed to the llopewell Come- terv), one whose memory the lovers of liberty will not be likely ever to forget.

In 1881, on the ocenrrence of the death of Presi- dent Garfield, Mr. Weart, as chairman of a committee consisting of himself, llon. John J. Toffey and John M. Jones, Esq., prepared in handsome form a memo- rial volume containing the public addresses and ser- mons delivered, and an account of the action taken and resolutions passed by the different public bodies of Jersey City ; and thus is preserved in permanent shape the sad memorials of one of the most tragic events recorded in the history of the world.

As a lawyer, Mr. Weart, as the reports show, has been an active, laborious and painstaking one. His presentation of causes has indicated research, and has shown a firm grasp of the fundamental and gov- erning principles of the law, and his industry has been rewarded with the possession of a large and re- spectable clientage. In his intercourse with the bar Mr. Weart is free, courteous, obliging and sincere. As a citizen, Mr. Weart is active, generous, public- spirited, and in full sympathy and accord with the progressive spirit and advanced opinions of the times.

In politics Mr. Weart is a strong and ardent Re- publican. He married Catharine J. Van Winkle, daughter of Walling W. Van Winkle, of Passaic, N. J., and has two children,-a son, Spencer Weart who is a member of the bar, and a daughter, Ella Weart, now a young lady.

removed to Jersey City in 1556, and opened his office, and continued to practice there until the time of his death, which occurred in the latter part of 1862 or the early part of 1863.

The Supreme Court appointed him law reporter in 1862, and he entered upon the discharge of his duties, and died before he issued his first volume, and his father was appointed reporter in his place, and held the office until his death, when his son, Garret D. W. Vroom, was appointed in his place, and still holds the office, and sixteen volumes of Vroom's reports have already appeared in the twenty-two years during which the office of reporter has been held by the Vroom family.

John P. Vroom died too early in life to win mneh distinction at the bar, and he had only been a coun- selor for five years ; but he inherited his father's strong legal mind ; he was a hard student, well versed in the principles of the law, and bid fair to win dis- tinetion in his profession. His early death was deeply lamented.

JACOB RYNIER WORTENDYKE was born at Pascack, Bergen Co., N. J., Nov. 27, 1818, and died at Jersey City, Nov. 7, 1868, in the fiftieth year of his age. He was descended from a respectable Holland ancestry, of which he was justly proud. From his earliest childhood he manifested a great desire for study, and took up the study of the classies with the Rev. Isaac 1). Cole, at Tappantown, and subsequently pursued the same in the school of Mr. A. Dockson, at Paterson. and finished at home under the care of his pastor, the Rev. John Manly. In the fall of 1837 he entered the junior class of Rutgers College, and graduated in 1839 with honor, and particularly excelled in the severe studies of philosophy and mathematics. He decided to take up the study of the law, and in order to acquire the means for his legal education he turned his attention to teaching. He taught at Piermont, at Saddle River, at Hackensack and at Spring Valley- ten years in all. While teaching school he took up the study of the Hebrew language, with the assistance of the Rev. Dr. John S. Mabon, and mastered it so far as to translate the book of Genesis into English. Ile also kept up the study of Latin and Greek, and as long as he lived he used nothing but the Greek Testa- ment on the Sabbath at church. He read law with the Hon. Manning M. Knapp, now a justice of the Supreme Court, and completed his study with the Hon. A. O. Zabriskie, afterwards chancellor, and was admitted to the bar as an attorney at February term, 1853, and counselor at February term, 1859. Upon coming to the bar, he formed a partnership with Mr. Zabriskie, which lasted until Mr. Wortendyke was elected, in the fall of 1856, to the Thirty-fifth Congress, and took his seat in December, 1857.

JOHN P. VROOM, son of ex-Governor Peter D. Vroom, received an academic education, entered Rutgers College, at New Brunswick, and graduated there in the class of 1549. He was admitted to the His election to C'ongress was a great honor to him. The Democratic Convention had niet to nominate a candidate for Congress, and he was elected chairman bar as an attorney at November term, 1852, and as a counselor at November term, 1857. He commenced the practice of his profession at Trenton, N. J., and I of the convention. The convention could not agree

act year &

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James Flemming

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BENCH AND BAR OF HUDSON COUNTY

upon a candidate, and adjourned to a future day. Jersey City, and has practiced there ever since At When the convention again assembled they failed to one time he was in partnership with Jam > Fleming, and is now in partnership with Elijah S. Cowles. agree upon a candidate, and after a long struggle a delegate proposed to nominate the chairman of the convention, and his conduct as presiding officer had been so fair and just to all parties that he was nomi- nated by acclamation, and served with distinction in Congress.

lle was an alderman in Jersey City, and for a long time one of the water commissioners and president of the board. As a water commissioner he did a vast amount of gratuitous work for the city of Jersey City and the citizens of Jersey City owe him a last- ing debt ot gratitude for this service. He was also one of the riparian commissioners, and did a valuable servier for the State in that board.

He was one of the trustees of Rutgers College, and served with marked distinction, being the gentleman in whom the trustees placed the greatest confidence in the investment of the college funds, and he was constantly consulted about all the interests of the institution.

He was very zealous in the work of the church, and in the Sabbath-school was always at his post of duty. He was a member of the General Synods of 1860 and of 1866, and was regarded as one of the pillars of the Reformed Church. He was a very able lawyer. and took high rank in his profession, and at the time of his death he was counsel to the Board of Chosen Freeholders of Hudson County. No higher encomium can be paid to his professional standing than a refer- ence to the fact that on the death of Judge E. B. Dayton Ogden, the members of the bar of his judicial district, without distinction of party, petitioned the Governor for his appointment as a justice of the Supreme Court to fill the vacancy.

The petition was signed by every lawyer of any prominence in the counties of Hudson, Bergen and Passaie, which constituted the judicial district ; but Governor Parker decided to honor one of his own townsmen, and sent the commission to Judge Joseph D). Belle. In 1865 he was elected president of the Fifth Ward Savings-Bank, and held that position at the time of his death.

Il- married Susan Jane, daughter of Mr. Nicholas Doremus, of Pompton Plains. His widow and four children are still living-three sons and one daughter.

WASHINGTON B. WILLIAMs, one of the leading lawyers of Hudson County, was born in Jersey City, Aug. 18, 1832. His early education was acquired at the school of William L. Dickenson, at that time quite celebrated in Jersey City, and he afterwards completed a full collegiate course of classies and mathematics, under -pecial tutorship, at Solomon Jenner's classical and business school, in Henry Street, New York City.

He studied law with the late Peter Bentley, Fig., in Jersey City, and was admitted to the bar as an attorney at November term, 1x53, and as counselor at February term, 1857. He opened his office in

Mr. Williams has always had a very large practice, and has been engage lin many of the most important trials which have originated in Hudson County, and he has practiced in all of the highest courts of the State. He is regarded as a sound and able lawyer.

His services have been greatly songht a referee, and he has tried and decided many important causes, and his decisions have given him the confidence of the court and the bar He has also been often selected by the Court of Chancery as receiver to wind up broken savings-banks and other institutions falling into bankruptcy, and in the discharge of these duties he has given the greatest satisfaction.

He was one of the founders of the Jersey City Law Library, and has always been one of its trustees, and has taken a deep interest in its welfare.

Mr. Williams' reputation is not confined to his native county and State, but is widely known through- out the nation and abroad. He made one extended trip over Europe some years ago, and a shorter one more recently. He is a member of the American Bar Association, and at the national convention of the Bankers' Association, at Saratoga, in 1882, he delivered an address on "savings-banks," which was a valuable paper, and published in full in their volume of pro- reedings ; and again, at their convention at Saratoga, in 1884, he read a paper on the "Bankrupt Law," which is also published in full in their proceedings.

Ile is a trustee of the Provident Institution for Savings, in Jersey City, and takes an active interest in its management.

In society he is much beloved, is a warm friend, and takes an active interest in those matters which tend to promote the welfare of the community.

JAMES FLEMMING, JR., the oldest son of James Flemming, and a grandson of Isaac Edge, was born in JJersey City, January 24, 1534. He received an academic education, attending first the old school in Sussex Street, and be afterwards graduated at the High School in the city of New York, and prepared to enter the university, but instead thereof took up the study of medicine, which he pursued for a short time, and then entered the law-office of Edgar B. Wakeman, Esq., and was admitted to the bar as an attorney at the February term, 1555, and as a counselor at the June term, 1858. Upon coming to the bar he entered into partnership with his late preceptor, Edgar B. Wakeman, Esq., which continued for some years. Ile then formed a partnership with Washington B. Wil- liams, Esq., and upon the termination of the same he opened an ofice by himself, and has since conducted his law business alone.

The first distinction which Mr. Flemming won after he came to the bar was the defense of Margaret Hogan, who was indicted for the murder of her infant child. John P. Vroom, Esq., was associated with

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HISTORY OF HUDSON COUNTY, NEW JERSEY.

him, they having been assigned by the court to defend time was allowed to his adversary to ward off the the woman. Mr. Flemming brought into this cause all | blow. of his youthful ardor and zeal. He was untiring in research for every serap of evidence which would tend to throw light on the woman's innocence, and so able and thorough was the defense that the woman was acquitted, and her counsel were highly com- mended by the public press of that day.

In Mr. Flemming's riper years he engaged in the defense of Jennie E. Smith and Covert D. Bennett, indicted for the murder of Mrs. Smith's husband. Before the coroner's jury Mr. Flemming and Mr. Elgar B. Wakeman appeared for the prisoners, and upon their defense Messrs, Charles H. Winfield, Wil- liam T. Hoffman, Gilbert Collins and Mr. Flemming He has never held office, but has been very zealous in the welfare of his native city, and has always been willing to devote his time and means to press forward urgent and necessary reforms and procure needful legislation. appeared for the defense. This was one of the most celebrated murder trials of modern times. The evi- dence was entirely circumstantial, and the defendants were convieted of murder in the first degree. The cause went to the Court of Errors and Appeals, where Ile married Miss Sarah Latou, daughter of Robert Latou, Esq., of New York City, and has three chil- dren,-one son, Robert, and two daughters, named, their parents in Jersey City. the verdict was set aside, and upon a second trial they were acquitted. All these gentlemen served without fee or reward, all bore their personal expenses, but | respectively, Alice and Sallie, all of whom reside with Mr Flemming advanced from his private purse a eon- siderable sum to defray the expenses of the trials, which lasted over eighteen months. A subscription was raised in New York City and sent to Rev. Dr. Spencer M. Rice, which went to defray the expense of printing the case and other minor charges, and the balance was handed over to Mrs. Smith and Mr. Bennett when they were liberated from the prison,

White all the counsel in the eause bore their full share of responsibility, none were more active and zealous than Mr. Flemming, and it is understood that the successful exceptions upon which the verdict was set aside originated with him.

It can be truly said of Mr. Flemming that in the defense of a person on trial for murder, no fee how- ever large, eould incite him to greater zeal and en- ergy in the defence of the ease than the life of the prisoner placed at the bar of the court; and in both of the murder trials in which he has been engaged lie has been successful.

Mr. Flemming has conducted some very important civil suits, which have gone through all the courts of the State, and in which he has won much distinction. Notably among them was the Sisson and Donnelly case, and one other, where the validity of a bond was called in question. The defense claimed that the bond was a forgery. The trial was long and protracted, and at the proper time Mr. Flemming sprung the trap which ruined the cause of the plaintiff, and terminated the snit. The bond was stamped by an internal revenue stamp issued by the government some two years after the bond was claimed to have been executed. This Mr. Flemming ascertained. He visited Washington and got the necessary proofs, which he kept secret until it was divulged in open court, and then no

Mr. Flemming is fond of foreign travel, and has visited Europe on two occasions, spending some time there on his last trip with his family, on which occa- sion he corresponded with the Evening Journal of Jersey City, and his letters in that paper covered a period of many months, deseriptive of the various parts of Europe, and particularly of the Passion Play, which he witnessed at Ober-Ammergau. These letters were instructive and highly enjoyed by the citizens of Jersey City. He has also written considerably for the papers and magazines on the topies of the day, and he has also delivered some lectures.

CHARLES HARDENBURG WINFIELD was born at. the town of Deer Park, near Port Jervis, Orange Co., N. Y., Nov. 8, 1829; was prepared for college at. Deekertown, N. J .; entered Rutgers College, at New Brunswick, in 1849, and graduated in 1852; studied law with the late t'hancellor A. O. Zabriskie, and was admitted to the bar as an attorney at November term, 1855, and as a counselor at February term, 1860, and took up the practice of the law in Jersey City, where he is now in active practice.

He was elected to the State Senate as a Democrat in 1865, and served a term of three years. As Senator he had an opportunity of performing an act of justice to his late preceptor in the law. Mr. Zabriskie had opposed with great energy the extensions of the monopoly grants of the C'amden and Amboy Railrond Company, and when nominated for chancellor by Gov- ernor Mareus L. Ward his confirmation was in great doubt, the Senate being Democratie, and the railroad power of the State being arrayed against him, and his confirmation was only secured by the vote of Mr. Win- field a handsome reward rendered to the gentleman who had directed his course of education for the bar.

Mr. Winfield prepared a " History of Land Titles in Hudson County," in 1872, a book of great useful- ness; but his most enduring monument is his " History of Hudson County." published in 1874. This history was prepared with great care and pains, and in it are treasured up with great care the early traditions of the county, and the work is regarded as high authority.

He has recently published a law book entitled " Adjudged Words and Phrases," which appeared in 1882, and has been so well received by the American bar that the first edition is already exhausted, and a second edition is now going to press.

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BENCH AND BAR OF HUDSON COUNTY.

The literary work of Mr. Winfield has engrossed so much of his time that he has not been able to devote that attention to commercial law and general practice on the civil side of the courts as that branch of the law demands, but he has argued many important er il snits, and one of the most celebrated is the case of Pangborn vs. Young, reported in 3 Vroom's R. 29.

On the criminal side ofthe court, Mr. Winfield's prac- tice has been very extensive, and he has been engaged in nearly all the great criminal trials which haveoccu- pied the attention of our courts for the last twenty years. One of the most celebrated was the trial of Jennie E. Smith and Covert D Bennett for the mur- der of Mrs. Smith's husband, reported in 12 Vroom's R. 370.

He is now prosecuting the pleas of Hudson County, having been appointed by trovernor Ludlow in 1853. In this office he is performing his duties acceptably to the people of the county.

Mr. Winfield has also won distinction as a stump ora- tor, and in this line he has but few peers in the Demo- eratie party of this State. In the campaign of 1880 he was employed by the Democratic National Con- mittee to canvass what were considered doubtful States for Hancock and English, and in this capacity he spent a month in the State of Indiana and a con- siderable time in the States of New York and Con- necticut. It is also a fact worthy of note that the Republican National Committee had employed Maj. Z. K. Pangborn. Editor of the Jersey City Evening Journal, to canvass the State of Indiana also. Maj l'angborn is one of the most effective stump orators in the Republican party, and these two orators were selected by their respective parties to canvass the same State on opposite sides.

On Mr. Wintield's return from Indiana he ad- dressed a great Democratic meeting at the Academy , graduated at Rutgers College with first honor in of Music in Brooklyn, in company with ex-tiovernor . 1853; admitted as attorney Isse, counselor 1859; lo- Seymour and ex-Governor Hoffman.

In all his undertaking he has been eminently sur- cessful; he is now only in the prime of his life, and further fields of usefulness are doubtless before him.

GARRICK M. OLMSTED was born at Montrose, Susquehanna Co. Pa., Dec. 5, 1830. He received an academic education, and graduated at Lafayette College, at Easton, Pa. Immediately after his gra- duation he entered the law-office of Alexander II. Reeder, who afterwards became so famous as the Territorial Governor of Kansas. Mr. Olmsted re- moved to Jersey City, and entered the office of Gien. E. R. V. Wright, completing his cours . of study with the late J. Dickinson Miller, Esq., and was admitted to the bar as an attorney nt the February term, 1856, and as counselor at the February term, 1868. After he was licensed he continued in the office of Mr. Miller for a time, and then opened an office on his own account.

Mr. Olmsted never sought u court practice, but confined his attention to what is termed an office

practice; in this he was very useful, and excelled to un eminent degree, and had a large clientage. He was well read in all those branches of the law which appertain to office practice, and could be relied upon in every branch of business pertaining to that prae- tive.

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History of Essex and Hudson counties, New Jersey, Vol. II, Part 99

Author: Shaw, William H Publication date: 1884 Publisher: [United States :] Number of Pages: 830

Author: Shaw, William H
Publication date: 1884
Publisher: [United States :]
Number of Pages: 830