History of Monmouth County, New Jersey. Pt. 1, Part 55

Author: Ellis, Franklin, 1828-1885
Publication date: 1885
Publisher: Philadelphia : R.T. Peck & Co.
Number of Pages: 974

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For many years, and until the time of his decease, he was a communicant of St. Peter's Church of Freehold, of which he was elected junior warden in 1880. Referring to Mr. Throckmorton's connection with the church and his fidelity to its principles, his pastor, the rector of St. Peter's, spoke of him "as a devoted, earnest, faithful member, and a most liberal supporter ; one deeply interested in its welfare, eager for its prosperity ; .. as the friend revered, the companion esteemed, the parishioner always mindful of his churchly relation ; the Christian brother, walking in his vocation, re- membering his assumed vows of loyalty to his Divine Master ; striving, though in the midst of temptations and hindrances which come to every man, to do his duty; the co-worker whose resolve was earnest, whose counsel was wise, whose judgment was helpful, whose lov- ing deeds were efficient."

· CHARLES A. BENNETT, judge of the Court of Common Pleas of Monmouth County, is now one of the senior members of the Monmouth bar, having been a practitioner in the courts of the county for more than thirty-five years. He was educated at Princeton College, where he was graduated in the class of 1844. He studied law under the preceptorship of Judge Benning- ton F. Randolph, was admitted as an attorney in July, 1847, and as counselor in July, 1851. On his admission to the bar he located in his native town, Frechold, where he has since re- mained in practice, holding, in the mean time, many important public positions.

From 1850 to 1868 he was acting surrogate of Monmouth County, during the terms of Dr. A. V. Conover and Dr. John R. Conover. In

that position he had full control of all the business of the surrogate's office, for a period of eighteen years, performing its duties ably and honorably. For twenty-six years (March, 1848, to March, 1874) he was clerk of the township of Freehold. In 1853 he was elected secretary of the Freehold Mutual Loan Association, and continued to fill the office until 1869. He was elected secretary of the Monmouth County Mutual Fire Insurance Company in 1859 and secretary and treasurer of the Freehold Gaslight Company in 1860, and has held both these offices continuously to the present time. He also held the position of treasurer of the Mon- mouth County Agricultural Society from 1860 to 1883. The office which he now holds, of judge of the Court of Common Pleas of Mon- mouth County, was tendered to Mr. Bennett without any solicitation on his part, and the appointment was made by Governor Ludlow in April, 1882.

Judge Bennett is a descendant of an ancestor named Jeremiah Bennett, of whom little is now known beyond the fact that, in July, 1685, he became the purchaser of one hundred and thirty acres of land, situated on Navesink River, in Middletown township. For three or four gener- ations down from Jeremiah Bennett the descent is not clearly traced until we reach William Bennett, who was living in the lower part of Monmouth County before the Revolution. He was a great-grandfather of the subject of this biographical sketch, and was probably a great- grandson of the Jeremiah Bennett before men- tioned.

William Bennett was the father of a family of six children, of whom were the sons Hen- drick, Garret and William. The eldest son, Hendrick, was grandfather of Charles A. Ben- nett, of Freehold. Hendrick Bennett was born October 15, 1752, was married to Elizabeth Nowlan, October 16, 1774, and died in Freehold July 28, 1833. His wife, Elizabeth Nowlan, was born January 27, 1754, and died August 29, 1817. The children of Hendrick and Eliz- abeth Bennett were (1) William H. Bennett (father of the subject of this memoir), born August 1, 1775, and died in Frechold April 20, 1848; (2) John Bennett, born March 27, 1778,

THE BENCH AND BAR OF MONMOUTH COUNTY.

297

died (unmarried) November 30, 1812; (3) Eliz- abeth Bennett, born March 11, 1780, married Philip White, died in Freehold August 10, 1849; (4) Nancy Bennett, born March 24, 1783, died in January, 1784.

William H. Bennett, eldest son of Hendrick Bennett, was married, December 29, 1800, to Jane Lefferson, daughter of Oukey Lefferson and his wife, Sarah (Schanck) Lefferson, and great-great-granddaughter of Leffert Pieterse Van Houghwort (or Hauwert, a village in the

Schanck, was born December 29, 1754, and died November 19, 1802. Their daughter, Jane Lefferson, wife of William H. Bennett, was born April 16, 1782, and died at Freehold May 28, 1866.

The children of William H. and Jane (Leffer- son) Bennett were eleven in number, all born in Freehold village, where their father settled immediately after his marriage. They were (1) Sarah, born October 11, 1801, married Wal- ter W. Hart, died -; (2) John, born

B. A. Bennett

province of North Holland), the common an- custor of the Leffert family of Kings County, N. Y., and Monmouth County, N. J. He emi- grated from Holland to America in 1660, settled at Flatbush, L. I., and married Abigail, daughter of Auke Janse Van Nuys. He died December 8, 1704, and his wife died July 19, 1748, at a very old age. Their great-grandson, Oukey Ixfferson, was born November 8, 1747, was married to Sarah Schanck, August 21, 1771, and died June 29, 1809. His wife, Sarah Sehanck, daughter of Garret and Eleanor (Voorhees)

October 15, 1803, died March 24, 1864; (3) Elizabeth Ann, born January 22, 1806, died August 10, 1813; (4) William, born August 13, 1808, died August 1, 1832; (5) Henry, born March 17, 1811, now living in Freehold; (6) Garret S., born May 13, 1813, died September 27, 1860; (7) Gilbert, born June 18, 1815, died October 28, 1843; (8) Eliza Ann, born April 17, 1818, married John L. Doty, and is now living in New York; (9) Charles A. (to whom this sketch has especial reference), born June 4, 1820; (10) David V., born April

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HISTORY OF MONMOUTH COUNTY, NEW JERSEY.

22, 1822, died September 1, 1842; (11) Hudson Bennett, born May 1, 1825, now living in Free- hold.

Charles A. Bennett was married, September 28, 1854, to Eleanor B. Clayton, daughter of Elias C. and Louisa M. Clayton, of Millstone, N. J. The children of Mr. and Mrs. Bennett have been Charles A. Bennett, Jr., born May . 8, 1856, now a lawyer of Freehold; Mary Louisa Bennett, born January 4, 1858, and died No- vember 17, 1883; and Fred. Bennett, born September 5, 1864, now employed in a mercan- tile house in New York.

WILLIAM L. TERHUNE, lawyer, Matawan ; was born in New Brunswick, N. J., May 16, 1815. His father, John Terhune, bookseller and publisher, ninety-two years old, is still living and engaged in the same business in that city, in which he has been for over seventy years. He held the appointment of judge of the Court of Common Pleas of Somerset County, and for a long time was alderman of the city of New Brunswick.

The ancestors of the family were Huguenots, who left Holland in the last century, first set- tling on Long Island and afterwards came to New Jersey.

Abraham Terhune, the father of John, was in the battles of Monmouth and Springfield, in this State, and for some time did garrison duty at West Point, N. Y.

W. L. Terhune graduated at Rutgers College, in New Brunswick, in the class of 1835; the same year entered the law office of the late Hon. James S. Nevius, afterwards judge of the Supreme Court ; was licensed to practice September, 1838 ; removed from New Bruns- wick to Matawan, then Middletown Point, 1842, from which time to the present he has continued there the practice of his profession.

In 1843 he married Margaret, daughter of the late William Little, a successful merchant and business man of the county, one of the original corporators of the Farmers' and Mer- chants' Bank of Middletown Point, and after- wards its president. Mr. Terhune is at present a director, notary and attorney of this institu- tion.

JONATHAN LONGSTREET .- Direk Stoffelse

Langestraat emigrated to America in 1657, hav- ing married, first, Catherine Van Siddock, and, second, Johanna Havens, widow of Johannis Holsaert. At an early day he purchased lands at Shrewsbury, and devised the same to his son Richard. Another son, Adrian by name, who died in 1728, married Stanekche, or Christina Janse, and had three sons-John, Derick and Stoffle-and five daughters. Adrian Longstreet was by trade a cordwainer, but also owned a farm or plantation at Freehold, Monmouth County. His son John married, on the 17th of December, 1736, Ann, daughter of Peter Covenhoven and Patience Daws. They had five sons-Aaron (who died in youth), Pietras, Jan, Elias and Aaron-and one daughter, Antje,

Aaron Longstreet, the grandfather of the subject of this biographical sketch, resided upon the property now owned by him in Holm- del township. He married, March 9, 1778, Williampe Hendrickson, whose children were Hendrick, John, Lydia (wife of Barnes Smock), Annie (wife of Thomas Seabrook) and Nellie (wife of Obadiah Schenck, of Ohio). Hendrick Longstreet, whose birth occurred May 14, 1785, was during his active life a farmer in Holm- del township. He was united in marriage to Mary, daughter of Joseph and Nellie Holmes, on the 11th of October, 1805, and had chil- dren,-Aaron, Eleanor, Lydia H. (married, November 30, 1831, to Daniel P. Schenck), Ann H. ; Emeline (married, March 6, 1839, to Hendrick Smock) ; Joseph H., Hendrick H. ; Mary Ann, John I. H. and Jonathan, born May 22, 1828. The birth of the last named and youngest of this number occurred on the homestead, in the vicinity of which his earliest advantages of education were obtained. He continued his studies at Johnstown, N. Y., and soon after entered Princeton College, from which he was graduated in 1850. Deciding upon the law as a profession, he entered the office of Judge Peter Vredenburgh, of Frechold, and continued his legal course at the law-school of Honorable John W. Fowler, at Ballston Spa, N. Y., and after his removal to Pough- keepsie, Mr. Longstreet resumed his studies with Judge Vredenburgh, and was admitted to the bar in 1854, and began the practice of his

Engªny AH Ritchie

Jonathan Longstreet

299

THE BENCH AND BAR OF MONMOUTH COUNTY.

profession in Jersey City, from whence he re- moved at the expiration of the second year to Freehold. On the death of his brother, in 1857, he relinquished an attractive field at the bar to assume the management of the family estate at Holmdel, which has since occupied his attention. He has been identified with various leading business schemes in the county,-as president of the Holmdel Fire Insurance Com- pany, of the Keyport and New York Trans- portation Company and of the Holmdel Cem- etery Company. Mr. Longstreet's political affiliations have been with the Democracy, though his enthusiasm has never reached the point which prompted him to participate in party strife, or accept official position. He is a supporter of and worships with the Holm- del Baptist Church.

In March, 1869, the Legislature passed " An Act to facilitate Judicial Proceedings in the County of Monmouth," by which it is provided and declared " That the Court of Common Pleas and General Quarter Sessions of the Peace in and for the County of Monmouth shall hereaf- ter consist of four judges in addition to the Jus- tice of the Supreme Court holding the circuit in said county, one of which judges shall be a coun- selor-at-law. That whenever the Jus- tice of the Supreme Court holding said circuit shall be absent, such additional judge shall be president of the Court of Common Pleas, Quar- ter Sessions and Orphans' Court. . . That the said Courts may hold adjourned and special terms of said Courts, or either of them, under the same regulations already provided by statute in case of the Circuit Court of Oyer and Terminer and general jail delivery." The office of " law judge " in Monmouth County, created by this act, has been filled by appointment as follows : 1

George C. Beekman . April, 1869

Chilion Robbins

April, 18722

Amzi C. McLean .

. April, 1874

Alfred Walling, Jr.

. April, 1879

GEORGE CRAWFORD BEEKMAN was born on the Beekman farm, at Middletown, in this county, July 2, 1839. His father, the Rev.

Jacob Ten Broeck Beekman, was a native of Somerset County, N. J., where the family were among the early settlers along the Raritan and Millstone Rivers. The name was originally spelled Beeckman.3

His mother, Ann Crawford, was born, lived and died on the farm at Middletown. She was a daughter of George Crawford, by his second wife, Eleanor Schanck, who was a daughter of Hendrick Schanck, by his wife, Catharine Holmes, a daughter of Jonathan Holmes, by his wife, a daughter of Captain Daniel Hen- drickson.+

George Crawford was a son of Richard Crawford, who was the second son of George Crawford, the 'eldest son and heir-at-law of John Crawford, who settled in this county some time prior to 1673.5

The will of Richard Crawford, as published on pages 316-317 "Old Times in Old Mon- mouth," was not his last will. A subsequent one, dated October 1, 1794, was the one ad- mitted to probate. The will of his father, George, was proved at Perth Amboy, May 10, 1745, and is on record in Secretary of State's office at Trenton.

John Crawford, the first of the name here, died prior to 1731. He is the grantee in a Deed, dated in 1687, from proprietors of East Jersey, and recorded at Trenton in Book B of deed folios 211, etc. The property described in this deed is situated at Nut Swamp and still remains in the family.

George C. Beekman passed his boyhood on the farm at Middletown, and went to school in the old academy, where Honorable John S. Ap- plegate and Colonel George Arrowsmith, killed in the battle of Gettysburg, were playmates and school-boys together, and roamed over the

1 Resigned, to take effect April 1, 1872.

"To fill unexpired term of George C. Beekman, resigned.

3 See "Beekman" or " Beeckman," Holgate's " Amer- ican Genealogy," Pierson's "First Settlers of Albany," Riker's " History of Harlem," " Atlas of the New Jersey Coast," Ellis and Snell's " History of Somerset County, N. J."

" Page 308, " Old Times in Old Monmouth."

5 Will of George Crawford, proved July 23, 1834, re- corded in Book C of Wills, p. 388, etc.

Will of Richard Crawford, proved March 8, 1806, re- corded in Book A of Wills, p. 116, etc., surrogate's office of Monmouth County.

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HISTORY OF MONMOUTH COUNTY, NEW JERSEY.

Middletown hills many pleasant summer days in their youth, when all was sunshine and summer air for the three boys, full of mischief and fun, as some now alive may remember.

He was admitted to the bar in 1863, and be- gan the practice of his profession at Freehold, where he has since remained. In 1869 he was appointed law or presiding Judge of the Mon- mouth County courts, and held the office until April, 1872, when he resigned it.1 While judge he originated and adopted the present rules of the Court of Common Pleas, readopted with some slight modifications in 1872, by Judge Robbins. None of the decisions of the County Courts were revoked by the higher courts dur- ing his term. One of his decisions which was carried to a higher court established a new precedent, which has since been followed in other States, and has been of great protection to farmers in the purchase of seed. This case is reported in 7th Vroom, p. 262, where Justice Depue read the opinion of the Supreme Court, and in 9th Vroom, p. 496, where the chief jus- tice read the opinion of the Court of Errors and Appeals.

After resuming the practice of law Mr. Beek- man was employed in many important jury cases tried in the court-house at Freehold.

Among some of those which attracted at- tention outside of the State was the indictment against Johu H. Silvers for forgery. The defendant had been a prominent citizen of Hightstown and a member of the New Jersey Legislature. William Warrick was the prin- cipal witness against him. The jury found him not guilty.

He also assisted in the defense of Charles Cavanaugh, indicted for arson. Although the Pinkerton detectives were engaged in working up the case against him, and the New York press denounced him as the "Long Branch Fire-Bug," after two trials he was acquitted.

He aided the State in the indictment against Samuel Knapp and Robert Drake for conspiracy. Hon. Charles H. Winfield, of Jersey City, as-

sisted the defendants, and his speech in sum- ming up will long be remembered by those present.

The State against Dr. H. S. Kinmonth, for illegal sale of liquor, was also a case of much interest, in which Mr. Beekman was employed to help the State. After two trials the defend- ant was acquitted. The speeches of the re- spective counsel were published in the Asbury Park newspapers, so deep was the feeling aroused among the people there.

The civil case of John Polhemus against George Middleton and Henry Larrison, in which Mr. Barker Gummere, of Trenton, was one of the opposing lawyers, and that of Dr. Samuel Johnson against William W. Conover, for slander, were among some of the most inter- esting of these jury trials.

The Law and Equity Reports of New Jersey show that he has been engaged as counsel in a number of cases in the highest courts of this State. Some of these cases have established important precedents. The State (Swanson) vs. Pierson (8th Vroom, p. 363, etc.) and State (Hubbard) rs. Anthony Reckless (9th Vroom, 393, etc.) settled several questions of law and practice in laying out public roads and the appointment of chosen freeholders to review the same. Ivins vs. Ackerson (9th Vroom, p. 220), and the State vs. William H. Hyer (10th Vroom, page 598) clear up doubtful questions of law.

The precedent established in the case of Brown vs. McIntosh (10th Vroom, p. 22, etc.) assists greatly in suppressing the bonus or usury busi- ness in New Jersey. Mr. Beekman is repre- sented as counsel for Stewart Brown in this report, when, in fact, he was the counsel for McIntosh, the opposing party. Law reporters are not infallible any more than other men, when they make such mistakes as this.

The State (Chadwick) rs. W. Errickson (11th Vroom, p. 159) was founded on the wreck of the schooner "Margaret and Lucy" during the terrible storm on the night of March 2, 1877. The captain and crew perished and their bodies were washed ashore. A strife arose between a justice of the peace and a coroner of Ocean County as to who should hold the inquests and

1 See reasons for resignation in his address to the Mon- mouth bar, published in Monmouth Democrat of March 28, 1872.

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Galary Può Co. Phiiadª

Seo. C. Beckman

301

THE BENCH AND BAR OF MONMOUTH COUNTY.

receive the fees. This case gives the coroner the preference, and so settled a vexed question along the Jersey coast.

The cases of William W. Conover vs. Warren Brown (2d Stewart, p. 510), Thomas B. Stout v8. Seabrook Executors, in which ex-Governor Bedle was opposing counsel (3d Stewart, p. 187), and its affirmance (5th Stewart, p. 826), together with other cases reported, show that Counselor Beekman has raised important questions in law and equity, which these cases have settled.

For many years Mr. Beekman was an active speaker in the Democratic party of Monmouth County. In 1876 he was a delegate to the National Democratic Convention, at St. Louis, which nominated Mr. Tilden as President. His last speech was made in the fall of that year, in Shinn's Hall, Freehold, and published in the Monmouth Democrat of October 12, 1876. Becoming dissatisfied with the elements which controlled that party, and also with those in- consistencies which led that party to favor high tariff and hard money in one section and low tariff and soft money in another, and the fre- quent changes of principles between different elections, he, in 1877, withdrew from the Demo- cratic organization. Since that time he has been an Independent in his politics. Although twice appointed as a delegate to National Conventions of the Anti-Monopoly or People's party, once to the convention held in Chicago and a second time to the convention held at Indianapolis, he did not attend, as these appointments were made without his knowledge or consent.

In 1877 he married Laura B. Alston, a descendant of the Alston family on Staten Island.1 He has had three children, all of whom are still living, viz .: Alston, born July 1, 1878 ; Anna Crawford, born April 9, 1880 ; Jacob Ten Broeck, born May 19, 1883. In 1878 he was nominated by an Independent Convention of the people as a candidate for State Senator. The Republicans indorsed this nomination. A very fierce and bitter political contest ensued, and for the first time since Ocean County was set off the regular nominee of the Democratic party was defeated. Mr.

Beekman, during his term as State Senator, did not go into caucus, or act with either party, but pursued a non-partisan course.

The Legislative Manuals of 1879-81 show the various committees on which he served dur- ing his term. He originated, drew and secured the enactment of several laws still among the statutes of New Jersey,-the act reducing the cost of foreclosing mortgages one-half, when the amount does not exceed three hundred dol- lars ; 6 the act obliging the person possessing the beneficial interest in real estate to pay the taxes ;7 the act exempting the mortgage debtor to the State, school and sinking funds from pay- ing taxes on this indebtedness.8

He also drew and got through the bribery law on pages 33-34 of " Pamphlet Laws of 1880," after considerable opposition.

He drew the law forbidding the sale or gift of intoxicants to minors, or permitting them on premises where liquor is sold without written permission from their parents. Mr. Sykes in- troduced, in 1879, this law in the Assembly, and before any attention was attracted it passed both houses. The lager beer interest at once brought a great pressure on Governor Mcclellan to veto it. For days they fairly besieged him, and at last induced him to veto it. The next year Mr. Oviatt again introduced it, but the liquor interests were awake, and so amended it, by striking out the " written permission from parents," as to destroy its efficiency.

He also drew and introduced the resolutions passed in 1881 in relation to the struggle of the Dutch farmers in the south of Africa to maintain their independence.

A number of acts, drawn by others, such as the appropriation of ten thousand dollars by the State to the Monmouth battle monument, were introduced by him in the Senate.

He advocated and voted for the various laws passed in 1879-80, substituting fixed salaries for the chancellor and Supreme Court justices in- stead of fees per diem, etc. ; also for the laws reducing fees of the clerks, sheriff's and other officials, the law restraining foreclosure of

1 See Alston Clute's " Ilist. of Staten Island."

" Note 6, page 34 ; note 7, page 177 ; note 8, page 228, of " Pamphlet Laws of 1879."

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HISTORY OF MONMOUTH COUNTY, NEW JERSEY.

mortgages and suits on the bond at the same time, decrees for deficiency in foreclosures, and setting aside sheriff sales for inadequacy of price.

He drew and tried to effect the enactment of laws abolishing the publication of the session laws in the newspapers, to abolish the advertise- ment of real estate at sheriff sales by a long de- scription in two newspapers at the expense of · the person sold out, to change the selection of grand and petit jurors and prevent packing of juries, and other bills of like character, which may be seen on the files in the State Library. The opposition by selfish interests was so great that, standing alone, he was defeated in these measures for the good of the people.

He served on and conducted, principally, the investigation of the special committee appointed in 1881 to look into the proceedings of the East Jersey proprietors. The report is among the legislative documents of 1882. His course in the Legislature naturally aroused great animos- ities and denunciation of a personal kind from persons whose interests were threatened. On the other hand, disinterested men who had opportunities to know, upheld him. The following testimony comes from men of both parties. The State Gazette, of Trenton, is a leading Republican paper in New Jersey ; one of its editors was reading clerk of the Senate in 1879 and often present as reporter in 1880-81, and through that paper thus speaks :

"Senator Beekman, of Monmouth, lived up fully and faithfully to the platform of princi- ples on which he was elected. We watched his course attentively, and it affords us much satis- · faction to say that he bore himself with honor- able fidelity to the expressed wishes of the con- vention which nominated him. He introduced measures carrying out those principles, earnestly supported them and secured the passage of sev- eral. Some were a little in advance of the con- servative temper of the times, as Monmouth County reform, as aroused by the peculiar con- dition of affairs in that county, has been disposed to be somewhat radical and thorough. Senator Beekman did not come here as a professed re- former of the demolishing sort, but simply as an honest and earnest citizen, anxious fairly to rep- resent those who sent him, and to promote the

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History of Monmouth County, New Jersey. Pt. 1, Part 55

Author: Ellis, Franklin, 1828-1885 Publication date: 1885 Publisher: Philadelphia : R.T. Peck & Co. Number of Pages: 974

Author: Ellis, Franklin, 1828-1885
Publication date: 1885
Publisher: Philadelphia : R.T. Peck & Co.
Number of Pages: 974