History of Sussex and Warren counties, New Jersey, with Illustration and Biographical Sketches of its Prominent Men and Pioneers, Part 50

Author: Snell, James P; Clayton, W. W. (W. Woodford)
Publication date: 1881
Publisher: Philadelphia : Everts & Peck
Number of Pages: 1140

USA > New Jersey > Sussex County > History of Sussex and Warren counties, New Jersey, with Illustration and Biographical Sketches of its Prominent Men and Pioneers > Part 50
USA > New Jersey > Warren County > History of Sussex and Warren counties, New Jersey, with Illustration and Biographical Sketches of its Prominent Men and Pioneers > Part 50

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During his law studies he taught for two terms in the Newton Collegiate Institute, and for one term in the Stillwater Academy.

Immediately after his admission to the bar he opened a law-office in Newton, and since that time has given his undivided attention to the practice of his profes- sion.

He married, March 21, 1871, Martha, daughter of Samuel and Eliza (Gunderman) Van Blarcom, who was born May 16, 1848, in Sparta township, Sussex Co. Their children are Lillian M., Addison P., and Willianı.

HON. LEWIS J. MARTIN is a son of James J. Mar- tin, second son of Humphrey and Isabella Martin, who was born in Wantage township, Sussex Co., N. J. I'pon attaining manhood the latter entered into active business life, and became generally known through- out the county. He was at one time engaged in the mercantile business in Newton, in partnership with Michael B. Titman, and subsequently filled the important office of county clerk of Sussex County, of which he was the incumbent at the time of his death, in January, 1869. His wife was Eleanor Ann, daughter of Roy and Mary McCoy, of Wantage township, and the issue of the union Mary B., who became the wife of Oakley B. Pellet, Lewis J. Martin, and Alice L., wife of Dr. John Crater, of Hackettstown, N. J.

Lewis J. Martin was born on the Humphrey Martin farm, near Deckertown, N. J., on Feb. 22, 1844. Until hic attained the age of eleven years he remained upon the farm, and enjoyed the educational advantages afforded by the district school of his locality. In April, 1855, he removed with his parents to Newton, und completed his educational career at the private school of Miss Agnes MeCarter, and at the Newton Collegiate Institute. In the fall of 1861 he entered upon the study of the law in the office of John Linn, Esq., of Newton, and was formally admitted to prae- tice at the February term of the Supreme Court, at Trenton, in 1866. For one year after his admission Mr. Martin engaged in the practice of law nt Branch- ville und Newton, when, owing to the declining health of his father, then the clerk of the county, he was obliged to enter that office, and performed the duties of the position, as deputy, until the demise of his father, in January, 1869. Ile was then appointed by Governor Parker to fill the unexpired term of office, and acted as county clerk until November, 1869. In February, 1870, he located, in the practice of his pro- fession, at Deckertown, where he is at present. He was appointed president judge of the Court of Com-

mon pleas of Sussex County in April, 1881, for a term of five years.

Mr. Martin, though yet in the prime of life, with the opening future yet before him, has achieved, by a course of self-discipline and close personal appli- cation, a prominent place in life, and is known and recognized as one of the leading and representative men of Wantage township. As a lawyer he is well read, careful, and successful, and brings to the treat- ment of his cases an amount of skill and a fertility of resource not common in the profession. Politically he is a Democrat, and has occupied various positions of prominence in public life, and enjoys wide influence in the counsels of his party. He was town clerk of Newton for two years, as well as county clerk, and has represented Sussex County in the State Legislature for the past three years,-viz., 1879-81. As a legis- lator he has proven a faithful and able representative of his constituency, and secured recognition by the members of the House as a useful and valuable coad- jutor in the important work of legislation, serving on such important committees as those on "Banks and Insurance," the "Judiciary," and on the "Revision of Taxes." He is a terse and argumentative speaker, and is justly popular at home, where he is best known, and is identified with the various institutions of his locality, and with all movements tending to advance the moral, social, or educational interests of the com- munity in which he resides. He has been for a num- ber of years the attorney of the Farmers' National Bank of Deckertown, of which he is also a director; is the presiding officer of Samaritan Lodge, No. 98, A. F. and A. M., of Deckertown, and trustee of School District No. 92, of that place. He is a member of the Presbyterian Church of Deckertown.

Mr. Martin was married on Oct. 14, 1868, to Frances M., daughter of George C. and MI. Antoinette Shaw, of Newton, and has a family of five boys,-namely, Frank, George, Scott, Lewis, and Sayre Martin.

JOSEPIt CoULT was born in Frankford township, Sussex Co .; studied law with Hon. Thomas N. Mc- Carter at Newton, and was admitted to the bar in February, 1861. After a short period of practice by himself at Newton, he formed a partnership with llon. Thomas Anderson, president judge of the Sus- sex County Common Pleas. He subsequently became a member of the firm of Coult & Van Blarcom, to which Lewis Cochran, now prosecutor of the pleas, was afterwards added, constituting the firm of Coult, Van Blarcom & Cochran. Mr. Coult moved to New- ark in 1870, and formed a copartnership with MIr. Leonard, the former partner of Chancellor Runyon, in which he remained for a while, when he became associated with Thomas N. MeCarter and Orsen Keen, in the firm of MeCarter, Keen & Coult. After a time this was dissolved, and Mr. Coult united with James E. Howell, under the firm-name of Coult & Howell.

Mr. Coult was one of the leading lawyers of the Sussex bar, and has taken a prominent place at the

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Essex bar since his removal to Newark. A Repub- lican in politics, he was the leader of his party in Sussex County while he resided in Newton. He was also during his career in this county a very enterpris- ing and public-spirited man ; had much to do in build- ing the present Presbyterian church at Newton, the public school building, and other interests. He was one of the organizers of the Merchants' National Bank of Newton, and was counsel for the Sussex Railroad Company and a director in that corpora- tion. While in Newton he built the fine brick resi- dence on Elm Street now occupied by Mr. Levi Adams.

ALFRED ACKERSON is a native of Lafayette, Sus- sex Co. He studied law with .Hon. A. J. Rogers, was admitted to the bar in June, 1861, and commenced practice at Newton. He subsequently removed to Sparta and thence to Newark, and is at present en- gaged in the duties of his profession in that city.

ELIAS M. WHITE was born near Andover, Sussex Co., N. J., and is a son of Samuel S. White. He studied law with David Thompson, Esq., at Newton, and after his admission, in June, 1864, went to prac- tice at Dover, Morris Co. He served as a member of the Legislature from that county, but is now prac- ticing on Staten Island.

DOWSON WOODRUFF, admitted in June, 1866; son of Moses Woodruff; born in Sparta, Sussex Co .; studied law with Col. Robert Hamilton and with Hon. A. J. Rogers, and is at present a member of the Sussex bar. He was admitted also in the State of New York, and for a while practiced law at Port Jervis.

WILLIAM S. LEPORT, formerly of this har, is a son of Cyrus S. Leport, and a native of Stanhope, Sussex Co. He studied law with his father; was admitted in 1867 ; began practice at Stanhope; removed thence to Newton, and thence to Dover, Morris Co., where he now resides. He has the reputation of being a good lawyer and a man of integrity.

THOMAS M. KAYS, son of Henry B. Kays, born in Lafayette, Sussex Co. He studied law with his uncle, Hon. Thomas Kays, was admitted in June, 1873, and has since practiced in Newton.

WALTER I. Ross, of Stanhope, formerly practiced at Lafayette, in this county. He was born at Augusta, and is a son of Jacob Ross. He was admitted as an attorney in June, 1870.

ROBERT T. JOHNSON, born at Marksboro', Warren Co .; studied law with John Linn; was admitted in September, 1870, and commenced practice in Newton, where he was at one time a partner with Hon. Thomas Anderson.

CHARLES M. WOODRUFF, son of Moses Woodruff, born in the township of Sparta, Sussex Co .; studied law with his brother, Dowson Woodruff'; is in prac- tice at Newton.

JAMES HOWELL, formerly of this bar, is now prac- ticing at Newark in partnership with Joseph Coult.

He was born in Beemersville, Sussex Co., and studied law at Newton with Coult & Van Blarcom.

THEODORE SIMONSON, son of Thomas T. Simon- son, late sheriff of Sussex County ; studied law with Hon. Thomas Anderson, and commenced practice at Newton, but subsequently removed to Vernon, where he is now in business.

ROBERT L. LAWRENCE was born at Hamburg, Sussex Co., N. J., and is a son of Hon. Thomas Law- rence, present State senator from this county. Robert L. studied law with Hon. Thomas Anderson, and after his admission, in November, 1876, commenced practice at Newton. He is now a promising lawyer of Jersey City.

WINFIELD H. COURSEN, son of George H. Cour- sen, farmer and justice of the peace; born in New- ton ; studied law with Van Blarcom & Cochran at Newton, where he is in the practice of his profes- sion.

THEODORE E. DENNIS is a member of the Sussex bar, practicing at Hamburg, where he studied law with Michael R. Kemble.

HENRY HUSTON, son of Judge James B. Huston ; born at Lafayette; studied law with his uncle, Hon. Thomas Kays, and is in practice at Newton. He was admitted as an attorney in June, 1877, and as coun- selor in June, 1880.

A. LEWIS MORROW; attorney-at-law, Deckertown ; son of Samuel Morrow, of Wantage; born in that township, and studied law at Newark with his brother Samuel.

A. WATSON SLOCKBOWER, born in Andover; stud- ied law with Van Blarcom & Cochran, and is in prac- tice at Deckertown, Sussex Co., N. J.

DAVID B. HETZEL, attorney-at-law, Newton ; born in Hope, Warren Co .; studied law with Van Blarcom & Cochran.

FRANK SHEPHERD, son of the late Levi Shepherd; born in Deckertown, Sussex Co., and studied law with Charles J. Roe, whose partner he now is,-firm of Roe & Shepherd.

WILLIAM M. SMITH, attorney, born at Newton ; son of Samuel Smith ; studied law with Hon. Thomas Kays; was admitted in June, 1878, and has practiced since at Newton.

CHARLES D. THOMPSON, young lawyer in practice at Newton; son of David Thompson, Esq., studied law with his father, and was admitted as an attorney in June, 1877, and as counselor in June, 1880.

ALLEN R. SHAY studied law partly with Hon. Thomas Kays and in part with Charles J. Roe; was admitted to practice as an attorney in February, 1877, and advanced to the rank of counselor in June, 1880. He is a son of Timothy E. Shay, and was born in the township of Sandyston ; is in practice at Newton.

IV .- IMPORTANT TRIALS IN SUSSEX COUNTY.

Crimes of magnitude, according to Mr. Edsall, had occupied but a small portion of judicial attention

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during the first hundred years of the existence of the county. We quote the following :

" The doom of death has been denounced against only six persons since our county had an existence, and two of these had not committed murder. The two who were thus executed with hands fortunately unstained by human blood were named Maxwell and McCoy, and were the first victims to capital punish- ment in the county. They were hung on the public green in the year 1781 for breaking into the house of John Maxwell, of Greenwich township, robbing the same, and severely beating and bruising the owner. They protested their innocence to the last; and it subsequently was made manifest that their dying as- severations were true. Though two girls who were in the plundered house, and were compelled to light the robbers through the apartments, swore positively to the identity of Maxwell and McCoy, it was neverthe- less discovered that the crime was committed by a party of Tories, who a few years afterwards returned the property stolen to the owner .* Thus, the first use of the gallows in Sussex was most unfortunate, and is still treasured in the memory of aged citizens not as an event in which justice was vindicated, but as a most deplorable judicial tragedy.

"The main business of our County Courts from the beginning has been the collection of debts and the settlement of disputed land-titles. The adjudications of all matters in dispute have been treated with re- spect. Impartial justice has been administered from the first by our courts, and never were any people more distinguished than those of Sussex for an abiding reverence for the precepts and principles of public law. No difficulty has ever been experienced in executing the decrees of our courts. Insubordina- tion and contempt of the constituted authorities are not among the characteristics of our citizens, and never have been. Our courts of justice, from the very outset, have so acted as to secure the respect of the people. Guarding the rights of others, they have

@ Rubert S. Kennedy, Esq., of Greenwich, n grent-grandson of Juhn Maxwell, writes that the fautlly nover believed that the evidence af- terwards discovered was sufficient to establish the alesolute Innocence of the men excentrd. Besides the testimony of the two girls, there was a great deal of strong circumstantial evlilence; one point in particular Mir. K. regards ns vory declive,-viz. : in the desperate struggle old Mr. Max- we'll placed his hand, which was bloody, upon the back of one of the robbers, and by the mark on his coat thus mudo ho was apprehended next day. This was certainly strong proof, but wo are informed that the man proved on the trial that upon the evening in question he visited n girl whom he was courting, nud tho family, when he arrived at her lente, were cleaning a quantity of shad. Ho took a knife and assisted the puty, and while their hands were bloody from handling fish outralls sono playful willing took place, in the course of which he must have received the mark on his garment.

Julen 3luxwell, why so life camo vory nenr being sacrificed in this nffuir, Was the first wettler of that umme in Greenwich ; he was one of the first elders and founders of tho Presbyterian Church In that township, and waw the father of Gen. Wm. Maxwell and Cupt. John Maxwell, of the Revolutionary army, both of whom were absent In the servire of thelr country when the robbery was committed. He had one son, Robert, at homeat the time, who was nasaffed In the beginning of the affray, knocked senseless, and left for dead. He did not rovivo until the plunderera had necomplished their work and left the premises.

never permitted their own immunities to be infringed without stern and dignified rebuke. At a very carly period a certain hot-headed person, who mistook the simplicity with which our judges administered the law for a lack of self-respect, ventured to pronounce them in open court a pack of rascals; but he found the joke a costly one: he was made to pay instanter the sum of twenty pounds for his temerity, and was glad to escape as cheaply as that when he saw the spirit which his insolence had evoked not only from the bench, but from the spectators in the court-room. Another individual, summoned as a grand juror, made his appearance at the proper time, but refused to be sworn or affirmed, and thought by his obstinacy to weary the patience of the court. But he took nothing by his notion, unless, in journeying home, he found it facilitated locomotion to travel with pockets pretty effectually emptied.

" Prior to the Revolutionary war, as I have before stated, there was no exceution for murder or other crime. Neither was there any trial had for an offense involving the forfeiture of life upon conviction of the defendant, except in the case of one Charity Moore, a woman, who was indicted for murder in 1767, but was not hung. The next nearest approach to a trial for a capital crime was in reference to one Robert Seymour, who was apprehended upon a charge of murdering an Indian, but by the assistance of three friends he broke jail and fled to parts unknown. His three friends were indicted for aiding his escape, but I have been unable to find in the court minutes any record of their conviction and punishment. The offense next in magnitude to that perpetrated by Seymour was committed by one William Atkinson, in the year 1775. He stole a horse, was pursued, taken, found guilty, subjected to thirty-nine lashes, and imprisoned until the costs of his prosecution should be paid. Here he remained four hundred and eighteen days, running up a board bill with John Pettit, jailer, of fifteen pounds three shillings six pence, being an average of about nine pence a day. The county paid the bill, and also seven pounds to Thomas Anderson for prosecuting him to conviction, but was loath to incur expense any longer, and so, upon application to the court, an order was made to put up Atkinson at public sale and dispose of his ser- vices for what they would bring. He was struck off for the sum of eleven pounds to one Hugh Quig, of Morris County, who gave his note, payable a few days after date, and departed with his purchase. Before the note became due Quig went over to the British army, and forgot to leave funds behind to pay the county of Sussex. This was an unexpected turn of the wheel, and puzzled our worthy board exceedingly. They hated to be outwitted in this way, and so, upon taking legal advice, they authorized Thomas Ander- son to bring suit for the amount of the note against ' The Morris County Commissioners for svizing ah- sconding Tories,' The only result of this step was an

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increased expenditure, and at last they gave up the chase, satisfied that, as the matter thus far had been without profit, its further pursuit would be equally unproductive of honor."

The executions which have taken place in the county since the Revolution are briefly sketched as follows :

In December, 1795, a man named Matthias Gott- lieb, familiarly called "Cutlip," was executed in Newton. He resided on Main Street, near the en- trance of the old cemetery. The house in which he lived is still standing. Gottlieb had been butchering beef for a neighbor. He returned home somewhat intoxicated, and said to his little daughter, "I have been butchering cattle to-day, and now I am going to butcher your mother." The cries of the child and entreaties of the mother were without avail ; the in- human wretch seized her and gave her three stabs in the abdomen with a large butcher-knife, inflicting such a terrible wound that she died in a very short time. The little daughter was the only witness to the deed, and it was on her evidence that the father was convicted. Gottlieb was hanged by Sheriff' James Hindshaw in the lower part of Newton, known as Kerby Hollow .*

Mary Cole was hanged on the 26th of June, 1812, by Sheriff Ephraim Green, Jr. Her crime was that of murdering her mother in what is now Lafayette township. The body of the murdered woman was concealed under the hearth of the house in which she lived. Mary Cole's husband, Cornelius Cole, was believed to have been the master-spirit in the con- coction and committal of the crime, the motive being to come into possession of his mother-in-law's prop- erty. Mrs. Cole was convicted of murder in the first degree, but her husband was acquitted. The sentence of death was pronounced by the court on the day of the conviction. Her execution took place in Newton, in an open field near where the Sussex Railway depot now stands, and was witnessed by thousands of people, some of whom are still living. The scene of the ex- ecution has ever since been known as the "Mary Cole Field." It is said that, on seeing her husband smile at the gallows, the poor woman said, " Ah! I could tell something that would change that smile into tears."

Peter Brakeman was executed by Sheriff William Darrah, June 30, 1820. He murdered a peddler named Francis E. Nichols, with whom he had trav- eled from Montrose, Pa., in the character of a friend, but evidently with the intention from the start of tak- ing his life in order to possess himself of the money which he knew Nichols to have. They stayed for two days at a tavern in Lafayette, where they spent most of the time gambling. They stopped together at Sparta, and were seen in company four or five miles

farther on. After that Brakeman stopped at the tavern at Woodport, two miles from where he and Nichols were last seen, and called for supper, but took some lunch and hurried on. The next day a boy with a dog came upon the body of the murdered man, shockingly mangled and covered with blood. A large knife and an ugly club which Brakeman had carried were found by the body. The murderer went to Philadelphia, and from there to Montrose, where he was soon after arrested. He was convicted after a four days' trial, and on May 30th was sentenced to be hanged. The execution was public, and took place near Drake's Pond, one mile from Newton. Spring Street, which leads in that direction, was for many years known as "Gallows road." Brakeman made a confession to Benjamin Stewart, a resident of Newton, the evening before the execution, in which he said he had passed most of his life as a counterfeiter and thief; he related the incidents of four robberies and of one murder that he had committed. previous to this one, and said he had assisted in others. The judges at his trial were Gabriel H. Ford, John John- son, John Gustin, Morris Robeson, Thomas Stewart, John Ogden, Walter L. Shee, Simon Cortright, etc .; Theodore Frelinghuysen, Esq., attorney-general for the State; William Halsey, Thomas C. Ryerson, and William Chetwood, Esqs., counsel for the prisoner. The jury who decided his fate was composed of Noah Hammon, Richard Whittaker, Jr., Thomas M. Arm- strong, Andrew Sutton, John Beedle, William Matti- son, Jacob Day, David Brands, Nathaniel Martin, William Gibbs, Charles Beatty, Peter P. Struble. It is said that from eight thousand to ten thousand per- sons witnessed his execution.

Wilhelmus Vanauken was executed Jan. 25, 1822, by Sheriff Vaucleal Moore. He was tried and con- victed for murdering his wife, Leah, in Montague township, in the spring of 1821. His trial took place at the November term of the court, before Justice William Russell. The trial was begun November 30th, and sentence was pronounced December 3d fol- lowing. He was executed in a meadow on the lower side of Newton.

John Cruner was executed Jan. 23, 1862, by Sheriff Charles Arvis. His crime was the shooting of Allen Skellenger, in Sandyston township, on Sept. 15, 1861. HIe was tried before Justice Whelpley at the Decem- ber term, 1861. The execution took place in the court-room, and was witnessed by about two hundred spectators. The poor fellow was so weak and un- strung that he had to be supported to the scaffold. It appeared more like hanging a dead than a live man. Cruner was a poor, weak-minded, and illit- crate person, who could scarcely be regarded as re- sponsible for what he did. Skellenger had acted the part of a bully over him for years, frightening him and threatening to whip him at every favorable op- portunity. On the fatal day Skellenger met him in the woods, and at once commeneed his old process of

* The account of this case appeared in the New York Weekly Museum of Jan. 2, 1706.

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persecution. Cruner had his gun with him, and, re- treating, forbade Skellenger to follow, or he would shoot. Skellenger thought him too much of a cow- ard to do so, and, advancing, was fired at and killed. The almost universal verdiet now is that it was a shame to hang him, and it is said that Justice Whelpley deeply regretted ever after that he was in any way instrumental in sending the poor ignorant wretch to the gallows.

The next execution was that of John Hughes for the brutal murder of his wife in the village of Og- densburg on the 7th of January, 1875. Jack was a natural bully, and frequently abused his wife. On the evening of the above day he quarreled with her, and ended by knocking her brains out with a sharp axe. He then set fire to the clothing in the room and left the house. The fire was discovered by the neighbors and extinguished, and Mrs. Hughes was found reclining in a rocking-chair with six awful gashes in her head, through which her brains had oozed. She was ill and almost helpless at the time of the murder. The crime was a deliberate and most brutal one. After leaving the house Hughes became intoxicated, and while in that condition made inqui- ries concerning his wife which led to his detection. Ifis trial was commenced before Justice Albert Reed on the 10th of May following. After a three days' trial the prisoner was convicted of murder in the first degree, and sentence of death was passed a short time after. He was hanged by Sheriff William E. Ross, July 2d, in the presence of about sixty people, in an inclosure within the jail-yard.

Frederick Crill was hanged at Newton, N. J., on the 24th of April, 1880, for the murder of his daugh- ter, Eliza Babcock, near Hamburg, N. J., on the 5th of June, 1879. About two years before, he had gone to live with his daughter and her husband, William Babcock, who treated him with the utmost kindness, notwithstanding his ill temper, which was partly aggravated by his feeble state of health. On the day of the murder Crill had been out shooting in the morning. When he came in he hung the gun over the door, between the kitchen and sitting-room, and then went in to dinner. The dinner passed pleasantly, and afterwards Babcock went to the corn-fiekl and Eliza commenced washing clothes. The little boy, Eliza's son, and a great favorite of Crill's, commenced playing with a half-bushel measure. Crill had just taken the gun down preparatory to going out again. Hle told Eliza that the measure did not belong to them, and that the child would injure it. Then he replaced the gun, took the measure away from the child, and carried it up-stairs. To stop the little boy erying his mother got the measure and gave it to him again, and then went on with her washing. Crill again took down the gun, and just as he did so Eliza said something about the half-bushel which made him angry, and he raised the gun and fired. The charge entered the back of her head, dashing her

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History of Sussex and Warren counties, New Jersey, with Illustration and Biographical Sketches of its Prominent Men and Pioneers, Part 50

Author: Snell, James P; Clayton, W. W. (W. Woodford) Publication date: 1881 Publisher: Philadelphia : Everts & Peck Number of Pages: 1140

Author: Snell, James P; Clayton, W. W. (W. Woodford)
Publication date: 1881
Publisher: Philadelphia : Everts & Peck
Number of Pages: 1140