History of Monmouth county, New Jersey, Part 54

Author: Ellis, Franklin, 1828-1885; Swan, Norma Lippincott. [from old catalog]
Publication date: 1885
Publisher: Philadelphia, R. T. Peck & co.
Number of Pages: 1148

USA > New Jersey > Monmouth County > History of Monmouth county, New Jersey > Part 54

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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 somne 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 sced. 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 defendaut 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 HI. Winfield, of Jersey City, as-

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

The State against Dr. II. 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) rs. 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 publie roads and the appointment of chosen freeholders to review the same. Ivins vs. Ackerson (9th Vroom, p. 220), and the State es. William H. Hyer (10th Vroom, page 598) clear up doubtful questions of law.

The precedent established in the case of Brown 78. McIntosh (10th Vroom, p. 22, etc.) assists greatly in suppressing the bonus or nsury 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

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

-Ses. C. Beckman

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THE BENCH AND BAR OF MONMOUTH COUNTY.

receive the fees. This case gives the coroner the | Beekman, during his term as State Senator, preference, and so settled a vexed question along did not go into caneus, or act with either party, but pursued a non-partisan course. the Jersey coast.

The cases of William W. Conover vs. Warren Brown (2d Stewart, p. 510), Thomas B. Stout 18. 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 Democratie Convention, at St. Louis, which nominated Mr. Tiklen 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- cratie 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.

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 rost 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

Ile 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, sheriffs and other officials, the law restraining foreclosure of

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

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

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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 elerk of the Senate in 1879 and often present as reporter in 1880-81, and through that paper thus speaks :

" Senator Beckman, 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 eon- 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

welfare of the State. He has done both in the most honorable and successful manner."

The following testimony comes from two strong Democrats, and men known throughout New Jersey as truthful and able men. They, too, had every opportunity to know and judge, as one represented Burlington County in the Senate in 1879 and the other represented Hun- terdon County in 1880-81.

Ex-Senator Ridgway, of Burlington County, writes, under date of September 13, 1881, as follows :

" I have been spending the summer down in your county ; I hear you are accused of parti- sanship in your actions in the Senate, after having been elected as an independent Senator. Now I think this very unjust ; having had the pleasure of serving the State with you during your first term; I know, to the contrary, that von were looked upon at that time by all your fellow colleagues as thoroughly independent ; you positively refused to go into any of the caucuses of the Democrats whatsoever; you did vote for the Hon. George C. Ludlow for president of the Senate, and if I remember rightly, without any of your friends knowing who was your choice for that position. I wish there were more men like you sent to the Sen- ate. It would redound to the credit of the State. I learn that you are not a candidate for re-election ; but I, for one, think your county will lose a faithful representative ; but perhaps it may be your gain. Pardon my writing you in ref- ference to this matter, but I think it is my duty when you are being falsely accused, etc., etc.

"Resp't'y yours, " C. G. RIDGWAY."

Ex-Senator Bosenburg, of Hunterdon County, under date of September 16, 1881, writes :

" I was glad to hear from you after spending two pleasant sessions with you iu the Senate, and always finding you ready to defend any measure that you considered just and right, without regard to party ; and maintaining your independence,-not going into either Democratic or Republican cauens,-which was entirely con- sistent with your election. As you state you are not a candidate for re-election, I hope your

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mantle may fall on some one that will be as true to the interests of the State as you have been-always ready to defend the right. Will always be pleased to hear from you, etc.

" Yours truly,

" E. BOSENBURG."

In addition to the testimony from both polit- ical parties, the non-partisan press of New Jer- sey were unanimous in their approval of his course as Senator.

Mr. Beekman has devoted time and labor to the local history of his county. The documents and records published by him in the Monmouth Democrat during the years of 1877-78 have rescued from oblivion many historical events and facts. This, with him, was purely a labor of love, as he did not receive or expect any pecuniary compensation. By his researches in this direction he accidentally discovered the missing link in President Lincoln's genealogy, and that he was connected with two of the old- est and most-respected families of this county,- viz., the Bownes and Saltars,-by ties of kin- ship.

Mr. Beekman belongs to the Masonie frater- nity, and has taken degrees as high as the Royal Arch. He served four years as Wor- shipful Master of the Masonic lodge at Free- hold.1

For many years he has been an carnest stu- dent of the Sacred Scriptures, and attributes to their teachings the present progress of the human race, the superiority of the Christian nations, and also the future hopes of mankind.

CHILION ROBBINS, born December 31, 1842, in Allentown, Monmouth County, N. J., was a son of Augustus and Lucy (Savidge) Robbins, both natives of New Jersey. His father was a mason by trade, and the family has for many years been identified with Monmouth County. Ilis mother is of English lineage, a descendant of the Leigh family of Great Britain. He was educated in the public schools of his district ; studied law in the office of Judge Scudder, of Trenton; was licensed an attorney in 1866 and a counselor-at-law in 1869; prac-

ticed in Allentown till 1872, when he was ap- pointed presiding judge of the Court of Common Pleas, of Monmouth County, to fill the unex- pired term of Judge Beekman; judge from May 14, 1872, to April 1, 1874; delegate to Republican National Convention at Chicago in 1880; an advocate of Blaine and member of Committee on Credentials for New Jersey ; Re- publican candidate for Third New Jersey Dis- trict the same year ; ran ahead of his ticket, but was defeated ; has always been an active Repub- lican in politics, and assisted his party on the stump and elsewhere; a member of the State Executive Committee for five or six years and of the County Executive Committee for a longer time, and its chairman since 1877.

Judge Robbins, as a magistrate, commanded the confidence of the public, and was regarded by the bar as a strictly impartial and upright judge. He administered the criminal laws mercifully and allowed no innocent man to be con- victed. In those cases where the need of a severe example was necessary he was firm, and did not hesitate in fully discharging his duty without fear of the powerful, or the pressure of influence. He possesses a mind singularly adapted for the position of a judge. His knowledge of hu- man nature, and the absence of all prejudice in connection with his knowledge of the law, and his untiring industry, gave promise of great usefulness if he had remained on the bench.

As a lawyer he has been engaged in many important jury cases tried at Frechold and elsewhere.

The New Jersey Law and Equity Reports show many important causes which he has argued before the highest courts of the State. For several years he has stood in the front rank of the members of the Monmouth bar.

Judge Robbins is plain and unassuming in his manner, very zealous in whatever he under- takes, a good citizen, a true friend, an upright man and a conscientious adviser. He has the entire confidence of his clients and his party ; re- speeted by the people and valued by his friends, if restored to health, he has an enviable career before him.

Although his family originally belonged to the Society of Friends, the judge himself is

1 History of Olive Branch Lodge, No. 16, F. and A. M.

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HISTORY OF MONMOUTH COUNTY, NEW JERSEY.

an attendant of the Presbyterian Church, and contributes liberally to religious and benevolent purposes.

AMZI C. MCLEAN was born in Ross County, Ohio; entered Prineeton College in 1835, in the freshman class, and graduated in 1839. He entered the office of Judge Veech, of Pittsburgh, Pa., as a law student, and was admitted to the bar in Pennsylvania in 1843. Ile then came to Freehold, intending to open an office, but the law required that he should study one year in New Jersey before he could get a license here ; he then entered the office of the late Judge Vredenburgh, and in 1844 was admitted to the bar of New Jersey, and has since practiced his profession in this State. In 1858 he was appointed Prosecutor of the Pleas for Monmouth County, and at the end of five years was again reap- pointed for another five years, and served ont his term. In 1874 he was appointed law judge for Monmouth County, and filled that office for five years. At the elose of that time he resumed the practice of law, and is still engaged in the business of his profession.

ALFRED WALLING, JR .- Judge Walling is the grandson of Cornelius Walling, a resident of Middletown (then Raritan) township, Mon- mouth County, where he was a prosperous farmer. He married Elizabeth Murphy, a member of one of the oldest families of the county. The surviving children of this marriage are Alfred, Eusebius, Elizabeth (widow of Thomas V. Arrowsmith, of Keyport) and Amelia (wife of Thomas B. Stont, also of Keyport). Mr. Walling was an influential citizen of the county, having represented his district in the State Legislature and filled various offices of lesser importance. His son, Alfred, whose birth occurred at the homestead in Raritan township, on the tenth of June 1812, at a later period of his life removed to Keyport, where he resided until his death, having been among its earliest citizens and largely identified with its development and progress. He was for years associated with Leonard Walling, Esq., as a merchant, and later adopted the profession of a land surveyor. His serviees were also much sought in the settlement of estates and the execution of ini-

portant trusts requiring not only financial ability but marked integrity.

He was elected to the State Legislature in 1844, and was especially active in affairs of a local character. His death occurred on the 8th of November, 1875. Mr. Walling married Elizabeth, daughter of John Stout, whose surviving children are Matilda, wife of Jeremiah Hoff; Eusebius, who died at the age of eighteen ; and Alfred Jr. The last named, Judge Alfred Walling, Jr., was born on the 26th of October, 1845, at Keyport, Monmouth County, where, with the exception of two years spent in mercantile life in New York, he has since resided. He was educated in the public schools of his native place, and for ten years associated with his father as an engineer and surveyor, combining with this pursuit the busi- ness of conveyancing. Meanwhile, having begun the study of law, he was admitted to the bar in 1874, and at once became established in practice in Keyport. He continued the suc- cessful pursuit of his profession until 1879, the date of his appointment as law judge of Mon- mouth County by Governor Mcclellan, which was continued for the year 1880 by the same official. On the elcetion of Governor Abbett he enjoyed a similar distinction in 1885, which office he at present fills. Judge Walling manifested his patriotism at the age of sixteen by enlisting for the late civil war ; but being a minor, his services were rejected. He has, how- ever, been identified with the State militia as captain of Company G, Third Regiment. National Guards of New Jersey in 1869, and as major of the same regiment, which commis- sion was also received during that year. Judge Walling has been and is identified with the material, social and moral interests of Keyport, and has co-operated in various enterprises tending to advance the development of the place. He is a director of the First National Bank of Keyport, having formerly held the same relation to the Farmers' and Merchants' Bank of Matawan. His political affiliations are with the Democracy, by which party he was onee nomi- nated for a legislative position but he declined the honor.

A prominent member of the bar of Mon-

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mouth County pays the following tribute to Judge | training was chiefly obtained at Burlington, Walling : " As a man he is mild and unassum- N. J., but he completed his collegiate course ing in his manner, yet very resolute and in- flexible when once convinced as to his proper course. He is courteous in his relations and honorable in his dealings, having established an enviable reputation both as a lawyer and judge. Sinee presiding on the bench he has examined with great care both the law and the facts in the various cases under his jurisdiction. Impartial and was graduated at Rutgers College, in the class of 1854. He then entered his father's office as a law student, remaining there until his father retired from practice, and then completing his studies in the office of the Hon- orable Joseph D. Bedle, afterwards Governor of New Jersey. At the November term of the Supreme Court in 1857 he was admitted as an

ing for

in his dealings, he has commanded the unani- mous approval and respect of the Monmouth County bar." Judge Walling, on the 9th of January, 1867, married Henrietta, daughter of Rufus Ogden, of Keyport. Their living children are Alnetta and Rufus Ogden.

PHILIP JOHNSTON RYALL, youngest son of the Honorable Daniel B. Ryall, and for several year's one of the most promising lawyers of Monmouth County, was born at Freehold on the 28th of June, 1836. His educational 20

attorney, and at the November term in 1860 he became a counselor-at-law.

He commenced the practice of his profession at Jersey City, where he at onee became promi- nent, and where he remained about two years, until, having had serious premonitions that the atmosphere of that city was affecting his lungs injuriously, he removed thence to his native town of Frechold. There he quickly took a leading part in the litigation which came into the courts for settlement. His practice in-

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creased rapidly, and he soon became concerned in the most noted and important cases that were tried in the Monmouth and Ocean County Cir- cuits, as well as in the controversies which arose from those counties to the Chancery and Su- preme Courts of the State. In the year 1865 he formed a law partnership with William II. Vredenburgh,-the first partnership of that nature ever formed in Monmouth County,-and continned in the closest application to his chosen profession, until a severe pulmonary attack warned him to desist. Reluctantly he did so, and retired from the practice of his profession. Soon afterwards he purchased a property at St. Augustine, Fla., where, during the re- mainder of his life, he passed his winters, in the hope that the mild climate of the South would re-establish his health. But the hope was a delusive one ; his disease was too deeply seated to be removed by climate or medical skill, and he died on his estate at St. Augustine, March 14, 1874.

In the field of the law, Mr. Ryall was par- ticularly distinguished for the care, energy and address he displayed in his efforts to secure the fullest rights of his clients, and for the remark- able success which followed those efforts. He never deserted a client, and his exertions on remotest probability that any step he could take would benefit them. He yieldled only to the inevitable, and when nothing more could be accomplished by prolonging the struggle. At the same time his judgment was excellent, and he knew the right case and the best time for a compromise.

Of the many exciting trials in Ocean County in which he was engaged, the case of Archer "'s. Foulkes was perhaps most conspicuous. That trial established his reputation beyond all question as a jury lawyer in that county. In the Monmouth Circuit his skill in the manage- ment of trials and his other characteristics, already mentioned, were shown in a marked degree in his successful defense of the negro, Charles Downing, for murder, and in his con- duct of the celebrated trial of Peter Slocum, for the murder of his wife. In the Downing case, his adroit management was shown in an

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History of Monmouth county, New Jersey, Part 54

Author: Ellis, Franklin, 1828-1885; Swan, Norma Lippincott. [from old catalog] Publication date: 1885 Publisher: Philadelphia, R. T. Peck & co. Number of Pages: 1148

Author: Ellis, Franklin, 1828-1885; Swan, Norma Lippincott. [from old catalog]
Publication date: 1885
Publisher: Philadelphia, R. T. Peck & co.
Number of Pages: 1148