A Centennial Memorial History of Allegany county, New York, Part 29

Author: Minard, John Stearns, 1834-1920; Merrill, Georgia Drew
Publication date: 1896
Publisher: Alfred, N.Y., W. A. Fergusson & co.
Number of Pages: 1102

USA > New York > Allegany County > A Centennial Memorial History of Allegany county, New York > Part 29

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Sheffield W. Greene, M. D., son of Rev. John Greene, was born in Hopkinton, R. I., July 15, 1814. In 1825 his father, a minister of the Sev- enth Day Baptist faith, brought his family to Friendship where he preached some years. Dr. Greene read medicine with Dr. J. C. Sibley, attended Geneva Medical College in 1845 and 6, and, after being a partner of Dr. L. Whitney at Olean for a year, he came to Little Genesee and soon to Richburg where he lived seven years, then after a short residencein Pennsylvania he en- listed, in 1863, in Co. D. 15th N. Y. Cav., and January 1, 1864, was commissioned assistant surgeon of the 147th N. Y. Inft. He was acting surgeon of the reg- iment during the Appomattox campaign. After the war he came to Frank. linville but soon made his home in Wellsville where he lived until 1893, the time of his coming to Richburg his present home. He married in 1837 Keziah Noble. They have had five children. The doctor for 40 years has given arduous and unspared labors for the relief of human suffering, and can look back along an honest and diligent life with a cousciousness of doing well all duties falling to his lot.

WILLING. - Quite distinctively a rural township Willing has not encour- aged to any great extent the settlement of the disciples of Galen and Hippoc- rates. It is a "healthy " town, and then Wellsville is conveniently access- able. We can only mention Drs. Barney and Elliott.

Orville L. Barney, M. D., son of Dr. Anthony Barney, born in Independ- ence, March 28, 1843, after two years' attendance at Alfred University, en- listed in 1861 in Co. C. 85th N. Y. Vols., and served until July 26, 1862. He then studied medicine with his father, was a student of the medical depart- ment of the University of the City of New York in 1873, 4 and 5, was gradu- ated there in 1865 and located in Shongo.

Arvis A. Elliott, M. D., son of Luman B. and Eliza (Adams) Elliott, was born June 17, 1846 in West Almond. He attended Alfred University,

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MEDICAL SOCIETIES AND PHYSICIANS.

studied medicine with Dr. C. G. Anderson of Belmont, was graduated from Cleveland Medical College, Ohio, in the class of 1879 and located in Shongo in October, 1879, where he has since resided.

HOMEOPATHY IN ALLEGANY * has had a constantly increasing patronage since about 1850, and each of the larger towns have generally had from one to three regularly qualified practitioners, each of whom have a good share of the voluntary compliment from the people as well as the appointments to offices of trust at the hands of local authorities. In 1883 a society was formed regularly incorporated under the laws of the state, known as the "Homeo- pathic Medical Society of Allegany County." The first meeting was called at the ofice of Dr. B. Williamson in Friendship, where committees were ap- pointed to frame a constitution and by laws. A second meeting was held at the court house in Belmont to effect a permanent organization, at which time Dr. I. P. Truman was elected president and Dr. B. Williamson secretary and treasurer,-also a vice president, " Board of Censors," and delegates to the state and other meetings were chosen. With eleven members quarterly meetings were held alternately at towns in the county for three or four years when, without apparent cause, the meetings not being well attended, the society ceased to be known and no meeting has been held for at least five years. The records and all papers (of which there were many) were burned together with the office and contents, including library of the secretary. The record of organization is in the county clerk's office. It is expected that the society will soon revive.

Among the earliest homeopaths to attain prominence were Dr. Pelton of Wellsville, about 1850 to 60, and also Dr. W. S. Todd of Angelica, who was graduated from Hobart College, Geneva, in 1849, and located in Angelica the same year. After a few years of practice, he made public announcement by a hand-bill, that he should thereafter follow the homeopathic methods in his practice, which he did do until his death, July, 26, 1887. A remarkable in- cident occurred at his death bed, he being aware of his condition announced his own dissolution. With his finger on his pulse, when the heart ceased to beat, he clearly said, " It has ceased to beat," and was dead.

Dr. Hilon Doty located in Wellsville some time in the seventies, well ad- vanced in years. He had attained some prominence with the physicians throughout the state, having conducted a hospital for mental invalids on homeopathy principles at Margaretville, N. Y. He died in Wellsville after two or three years' residence there. Some have said, with some degree of probability, that out of his suggestion grew the great Middletown hospital for the insane. There is evidence of the work of homeopathic practitioners in nearly every town of the county before 1860. Most of whom were not known to the writer.

We give a partial list of those known to have practiced homeopathy in the county. Angelica, Drs. Wm. S. Todd, M. A. Todd, Wm. S. Todd, Jr.,

* Contributed by Bemsley Williamson, M. D.

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HISTORY OF ALLEGANY COUNTY, N. Y.

Harvey, W. K. Paul, E. C. Cutler, E. B. Guile; Alfred, H. C. Coon; Belmont, I. P. Truman, L. A. Simons, F. C. Hardy; Belfast, W. S. Todd, Chamberlain; Cuba, Learned, Acomb; Friendship, Stillman Potter, Washington Irving Wellman. Bemsley Williamson; Richburg, Cheesman; Wellsville, Pelton, Whit- ney and partner, C. L. Gish, Hilon Doty. There have been many more in the county whose names are not at hand at this writing.

THE ALLEGANY COUNTY DENTAL SOCIETY .- October 15, 1894, Drs. G. Whipple, Cuba; F. W. Warner, Angelica; W. L. Smith, Friendship; B. W. Alexander, Cuba; E. V. Sheerar, Percy Green, and F. H. Ellsworth, Wells- ville, and W. W. Coon of Alfred, met at Dr. Whipple's office to organize The Allegany County Dental Society, for the purpose, as is set forth in the by- laws adopted, " of scientific, professional, business and social betterment." These officers were elected for the first year: President, Dr. G. Whipple; Vice President, Dr. F. W. Warner; Secretary, Dr. W. W. Coon; Treasurer, Dr. W. L. Smith. The by-laws provide a business committee appointed by the president to look after all matters pertaining to the success of the soci- ety's meetings which occur quarterly. This committee for the first year consisted of Drs. E. V. Sheerar (chairman), F. H. Ellsworth, and V. W. Alexander.

CHAPTER XXXIII.

COURTS AND LAWYERS.

THE first "court of general sessions of the peace," which was held at the house of Evart Van Wickle in Angelica, was an event of much import- ance to the people of the new county. By the act of April 7, 1806, forming the county of Allegany, it was provided that "a court should be held on the 2d day of June, 1807, at such place in the village of Angelica as should be designated by the sheriff." For some reason, however, probably owing to delay in perfecting the organization or in securing the appointment of the officers and judges of the court, the session was deferred until November 10th. The following constituted this pioneer court: Moses Van Campen and Evart Van Wickle "Esqrs." judges, and Joseph Taylor and William Higgins "Esqrs." assistant justices. They were all appointed by Gov. Morgan Lewis. The institution of this court was hailed with great delight and satis- faction by the sparse population, as it obviated the necessity of long journeys to Batavia over bad roads, as had been the case since 1802. Before that time the pioneers were compelled to go to Canandaigua, to sit as jurors, as wit- nesses, or to conduct all litigation, however trivial, to which they might be subjected.

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The composition of that first court of our county was in some respects remarkable. The leading figure was Major Moses Van Campen, a noted border man of the revolution, a famous scout and Indian fighter of New York and Pennsylvania, and a surveyor of no mean attainments. Evart Van Wickle, the agent of Philip Church in the transaction of his extensive land sales, a fine scholar and a competent surveyor, was probably next in import- ance. Of Joseph Taylor and William Higgins the writer has been able to learn but little, but their names so frequently occur in the record of early business and legal transactions, that they must have been men considerably above the average Allegany citizen in judgment and intelligence. Van Cam- pen and Van Wickle were certainly men of much more than ordinary ability, possessing extensive acquaintance and great experience in affairs, and so brought to the discharge of their duties some, at least, of the qualities so essential in a judge. Another feature of this primitive court, which perhaps is worthy of notice, is the fact that two of its members were keepers of public houses and dispensers of ardent spirits, something which would hardly conform to the exacting requirements of modern ethics.

The record says " court opened by usual proclamation. Grand Jurors sworn. James Whiting foreman. Reuben Riggs, George Otto, William Barney, Timothy Hyde, John Irwin, Wm. L. Heydon, Elice Pierce, William Wilson. Elisha Strong, Benjamin V. Pelt, John Higgins, Moses Johnson, Ransom Higgins, Benj. Chambers, Christian Burns, Elish Chamberlain, Philo Ingraham, Nathaniel Reynolds, Ezra Bacon, Asahel Franklin, Sanders Rogers, John Freeman, Augustus D'Autremont. Grand Jury charged by his honor Judge Van Campen and retired. Court adjourned until 1 o'clock P. M." As no charges were preferred the jurors were the next day dis- charged by the court. The only business transacted at this term of court was to order a seal in the following words: "The Court further orders that the Clerk, as soon as convenient, and before the next session of this court, cause to be made a plain Coper or Brass seal, with the County round the edges, and on the face an Anchor engraved." The quotation is literal, both as to spelling and capitals. We are left in doubt as to who the clerk of this court was, the records not revealing his name, though it was probably Jacob S. Holt, the first county clerk. This court "adjourned to the second Tues- day of June next."

At the next session, in June 1808, was tried the first case in the county. "The People vs. Abraham Baker." For what offense this man Baker was tried, does not by the record appear. The records for the first year or two are sadly deficient in detail, in many cases not giving even the offense for which parties were indicted. At this term "Daniel Abbit and Frederick Cavort, grand jurors who did not answer nor give sufficient excuse, were fined $2.50 each." At the January term, 1809, it appears that "Mr. Clark " was district attorney, the first mention of that important official in the records. Up to 1809 the records fail to show for what offenses indictments were found.

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HISTORY OF ALLEGANY COUNTY, N. Y.

COURT OF GENERAL SESSIONS OF THE PEACE AND COURT OF COMMON PLEAS .- These courts were composed of judges and assistant judges, the number in the various counties differing widely. By an act passed March 27. 1818, the office of assistant judge was abolished, and the number of judges was limited to five, including the " first judge." The court of common pleas was continued from 1817 to July, 1847, when, by the adoption of the constitu- tion of 1846, it was abolished and the county court took its place. The court of common pleas was evidently a popular court with the people; indeed it was, so to speak, "the people's court," its members being selected from the body of the people. Its jurisdiction in original and appellate cases was ample. The terms were limited by statute to five days. and judgments could not be entered in vacation. All the parties, witnesses and attorneys were thus required to remain until their business was done, and so "going to court " attained the magnitude of an event, as well as an important matter of business.

The court of general sessions of the peace had jurisdiction in criminal cases, but not in capital crimes. It had a grand jury, and when indictments were found for the graver offences, they were sent to the Oyer and Terminer for trial. The composition of these two courts was the same, and usually a session or sessions of both courts was held at the same term. Following are the names of those who from time to time down to 1847, helped to constitute these two courts, with the year of their first appearance as a member of the court: Moses Van Campen, Evart Van Wickle, Joseph Taylor, and William Higgins, 1808; Thaddeus Bennett, Alexander V. P. Mills, Tarbell Whitney, John T. Hyde, and George Renwick, 1808; Benjamin Riggs, Jedadiah Nobles, Philip Church, and Thatcher Hyde, 1809; John Higgins, Matthew McHenry, Elisha Mills, Loring Francis, and Thomas Dole. 1810; Eli Griffith and Richard W. Porter, 1811; William Brown and Thaddeus Baker, 1812; Sylva- nus Merriman, 1813; Clark Crandall and Jacob Griffith, 1815; Samuel Van Campen and Crandall Burnett, 1816; James McCall and Alexander D'Autre- mont, 1817; Philip Langdon, Cromwell Bennett and Asa Coon, 1818; L. L. Littlejohn, 1819; Isaac Sanford and Benjamin Blanchard, 1820; John Griffin, 1821; Roswell W. Knight, 1822; Vial Thomas, 1823; Anson Hinman, 1825; Amos Thatcher, 1826; Zephaniah Z. Caswell and George Williams, 1828; Samuel S. Haight, 1829; Josiah Utter, 1830; Asa S. Allen, 1831; A. C. Hull, D. L. Gilman and Alvin Burr, 1833; Jeremiah B. Willard, Horace Abbott and Calvin T. Chamberlain, 1834; John Collins, Wittel Larrabee, D. L. Gibson and Elijah Horton, 1835; Samuel C. Wilson, 1837; Ransom Lloyd and Wm. Hicks, 1838; Abram J. Lyon, 1840. The "first judges" covering this period of time (with the date of their appointment) were: Philip Church, June 8, 1807; John Griffin, January 24, 1823; Andrew C. Holt, April 26, 1838; Ransom Lloyd, April 18, 1838; Samuel C. Wilson, April 18, 1843. The members of these courts held their offices by appointment.

SURROGATE'S COURT .- When Allegany county was organized, and from that time down to the adoption of the constitution of 1846, surrogates were

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appointed, at first and until 1822 by the council of appointment, and from 1822 to 1847 by the governor and senate. During the first period the appointments were for such a term as suited the pleasure of the appointing power, but during the latter for a term of four years. An appeal lay from their decisions during the first period to the judge of the court of probates of the state, during the second period to the chancellor. Luke Goodspeed was the first surrogate of the county, his appointment bearing date April 7, 1807. He resided at Angelica and had, during the time Angelica (and for that matter all Allegany) formed a part of Genesee county, represented the town on the Genesee county board of supervisors. Further than that the writer can say nothing of him save that he held the office for over five years, when Alexander D'Autremont was appointed, June 6, 1812. Mr. D'Autre- mont was a Frenchman who came to Angelica in 1806. He was soon engaged in business, at one time keeping a public house. He was also an early mer- chant. His term was short, as his successor Daniel Lawrence was appointed March 23, 1813. Mr. Lawrence, of whom the most the writer has been able to learn is that he was an early lawyer, held the office for two years, and stepped aside for Ebenezer Hyde, who was appointed April 8, 1815. Dr. Hyde probably found that the duties of surrogate did not exactly comport with the practice of medicine, or it may be that some political "pull " soon excused him from the discharge of the surrogate's duties, for the record shows Samuel Southworth to have taken the oath as surrogate June 13, 1815, and Zephaniah Z. Caswell was "appointed " on the 27th of June of the same year. Mr. Caswell's term was a long one, holding the office nearly 16 years. He was one of the pioneer lawyers, and his name occurs quite frequently on the court records. He was also clerk of the board of supervisors for one or more terms. SamuelC. Wilson was appointed April 12, 1831, and held the office till his successor, John G. Collins, was appointed January 24, 1840 .* Mr. Col- lins was succeeded February 14, 1844, by Mr. Wilson who was again appointed and continued to discharge its duties until. under the constitution of 1846, William G. Angel was elected county judge in June, 1847, and, by the pro- visions of the new constitution, assumed also the duties of the surrogate. No need exists for tracing the history of the surrogate's court further, as from the administration of Judge Angel the duties of the two offices have been discharged by the same person.

COUNTY AND SURROGATES' COURT AND JUDGES .- The constitution of 1846 made provision for the election in each of the counties of one county judge "who shall hold his office for four years." In addition to holding the county courts he was required to discharge the duties of the office of surro- gate, except in counties whose population exceeded 40,000. With two justices of the peace to be elected as the legislature should prescribe, he was auth-

* Samuel C. Wilson was born in Montrose, Susquehanna Co., Penn., April 10, 1803. From 1836-7 to 1841 he was editor of the Angelica Reporter and Allegany Republican. He was surrogate from 1831 to 1840, and from 1844 to 1847, and was judge of the court of common pleas for several years ending with the second constitution. Belfast was his residence for many years and he died there about ten years ago.

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HISTORY OF ALLEGANY COUNTY, N. Y.

orized to hold courts of sessions. The justices of the peace elected for this office were called justices of sessions. The legislature was also authorized to confer upon the county judge equity jurisdiction in special cases. In 1869 the term of the office of county judge was extended to six years by an amend- ment of the constitution, and the jurisdiction of the court in all actions where the defendant was a resident of the county was limited to cases wherein the damages claimed did not exceed $1,000 (since made $2,000). The civil busi- ness of the county court is principally confined to cases on appeal from jus- tices' courts, quite a share of the criminal business being transacted at the oyer and terminer. By the constitution of 1846 county judges, as well as all other judges, were made elective by the people. The first man to be invested with that office by the voice of the people of Allegany was William G. Angel, elected in June, 1847. He was for years a leading and especially marked character in Allegany.

Hon. William G. Angel was born on Block Island, July 17, 1790. His ancestry emigrated from Warwick, England. They belonged to the Society of Friends, and accompanied Roger Williams to Rhode Island. When he was two years of age his father removed to Richfield, Otsego county. His eldest sister taught him the alphabet. At an early age he paid in work on a farm for a $2 share in a circulating library, and, book in pocket, pursued his study of the classics seated on the plowbeam, while the team was resting. In 1807 and 8, by dint of the strictest economy, he was enabled to attend a grammar school taught by Dr. Buckingham, a Yale College graduate. In 1809 he entered the employ, and very soon after the office of William Dowse, Esq., of Cooperstown. In 1817 he was admitted to the bar, in 1821 elected surrogate of Otsego county, in 1824 elected to congress as a Democrat, and was continued in congress, his last election being in 1830. In 1833 he removed to Hammondsport. Martin Grover, who had been his student at Cooperstown, came with him to Hammondsport, was admitted to the bar, and located in Angelica. In 1835 Grover succeeded in persuading his pre- ceptor to remove to Angelica, where the law office of Angel and Grover was at once opened, which partnership continued until 1843, when he took as partner his son Wilkes. In 1846 Mr. Angel was elected to the constitutional convention, in which he bore a conspicuous and very useful part, and in 1847 became the first elected county judge of Allegany. He held the office until January 1, 1852. His death occurred August 13, 1858, at his home in Angelica. He was a well-read man of extensive information, thoroughly honest in the discharge of all his duties. During his active professional and official life he was more generally known throughout the county than any other man, and none was held in higher esteem.

Lucien P. Wetherby was the successor of Judge Angel, being elected in November, 1851. Judge Wetherby read law with Angel and Grover be- ginning about 1842. After his admission to the bar he was for a while a partner with Emery E. Norton, and when Gen. Diven left for Elmira he succeeded to his business. He was the first district attorney elected after

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the adoption of the constitution of 1846, being chosen in June. 1847. Mr. Wetherby had a good practice. but removed to Hudson, Wis., in 1856. and the people of that state elected him justice of the Supreme Court.

The next county judge was Hon. John G. Collins, who was of English descent and born at Geneva, April 24, 1809. He was educated at Hobart College, a classmate of Horatio Seymour and Silas Wright. He came with his father to Angelica in 1825. Reading law with Judge Welles of Penn Yan, he was admitted to the bar and at once commenced practice. He dis- charged the office of surrogate of Allegany from 1840 to 1844, and in 1845 and 1846. was elected member of the assembly. He was elected county judge in November, 1855, serving one term of four years. He died April 20, 1877.

Succeeding John G. Collins came Hon. Wolcott Hatch who was elected in November. 1859. Judge Hatch was born in Norwich, Vt., in 1811, and came to Cuba in this county in 1834, where he engaged in the practice of law, soon being elected justice of the peace, which office he held for a long time. He was elected county judge and surrogate in 1859, and was three times re-elected, to say which is better than a page of fulsome flattery. He died at his residence in Belmont October 6, 1878.

Hon. James S. Green succeeded Judge Hatch, being elected in 1870. He was twice re-elected. He was born in Jerusalem, Yates county, December 3, 1823. He settled in Angelica in 1846, and was soon after elected justice of the peace. He was also school commissioner for the northern district. His death occurred at Angelica September 20, 1882. This occasioned a vacancy in the office which was supplied by the Governor appointing Harlan J. Swift of Cuba to fill out the term until the next January .*

Hon. Clarence A. Farnum of Wellsville was born in the village of Wells- ville, N. Y., October 7, 1850. In April, 1862, he moved with his parents to Michigan, and lived with them upon a farm until October, 1870. October 7, 1870, he returned to Wellsville, where his residence has since been. His school days were passed in the district schools except a short period while at the Michigan State Normal School at Ypsilanti, Mich., in 1869-70. From October 10, 1870. to January 15, 1872. he was a clerk and book-keeper in the store of W. E. Stewart & Co. (clothiers) of Wellsville. In January, 1872, he entered the law office of Wm. F. Jones. Esq., of Wellsville, as clerk and stu- dent. and was admitted to practice in all the courts of the state at the Roch- ester General Term held in April, 1875. He at once commenced practice as a lawyer at Wellsville and remained alone until February, 1876, when he formed a partnership with Henry L. Jones. January, 1881, this partnership was dissolved, and Judge Farnum has since had no partner. January 24, 1883, he was appointed county judge and surrogate of Allegany county by Govern- or Cleveland to fill a vacancy. In the fall of 1883 he received the nomina- tion from the Democratic party for the same office and was elected in Novem-

* Mr. Swift took the oath of office October 12, 1882.

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HISTORY OF ALLEGANY COUNTY, N. Y.

ber for a term of 6 years commencing January 1, 1884. The vote was for Swift, Republican, 3,062; Jones, Prohibition. 1,147; Farnum. Democrat, 5,049. He performed the duties of his office as surrogate and county judge until January 1, 1890.

Hon. Sheridan McArthur Norton succeeded Judge Farnum. He was born in Belmont, May 1, 1848. His father, Joseph B. Norton, was a native of this state, born in 1800, settled in Belmont in 1831, and died in Friend- ship in 1882. His mother, Prudence A. Hall, was born in New Hampshire in 1807, of good old Puritan stock, and is still living. Sheridan McArthur was the fifth child in a family of six children, all of whom are living. His first seventeen years were passed on a farm. He then began varying his work and disciplining his mind by judicious study, reading and teaching school, and before he was twenty-one he was made president of the Allegany County Teachers' Association, an event over which he was probably more elated than any other circumstance of his deservedly successful career. In 1871 he made choice of the law as his profession and commenced his studies with Judge James S. Green and Hon. D. P. Richardson at Angelica. Com- pleting his legal education with Hon. Hamilton Ward and General Rufus Scott at Belmont, he was admitted to the bar in January, 1874. He immedi- ately began practice in Friendship and soon acquired a valuable clientage, ob- taining anextended reputation for advising settlement of disputes and keep- ing his clients from litigation, but winning their cases when necessary to be tried. He was popular as a referee, and from the time of his admission to the bar until the present has had an extensive business in hearing references. In 1879-80 and 81 he was supervisor of Friendship, and for the last two years was chairman of the board. He has been president of the Citizens National Bank of Friendship from its organization in 1882, was for a number years member and president of the board of education, has always taken great interest in town and county affairs, although the practice of his pro- fession claims his principal attention. He owns and personally superin- tends a fine farm in Friendship, to which he turns for relief from the ex- hausting labors of his law business. He was interested in the first Rich- burg oil well, and during the period of the oil development in Richburg and vicinity he paid much attention to it, being interested in many of the large operations, and he showed rare good judgment in withdrawing at the right time. He also evinced a commendable spirit of enterprise in active work toward the building of the railroad from Friendship to Bolivar during that period, being one of the directors and active managers, and again showed sound judgment in stepping out of that enterprise at the right time. In 1880 Mr. Norton married Mae, youngest daughter of the late Gen. George W. Robinson. They have one son, George Robinson Norton. In 1889 Mr. Norton was elected county judge, and since that time he has faithfully dis- charged the duties of that office, and of the surrogate's court of the county. His decisions are characterized by strict integrity and judicial fairness. His thorough knowledge of the law enables him to determine correctly those

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A Centennial Memorial History of Allegany county, New York, Part 29

Author: Minard, John Stearns, 1834-1920; Merrill, Georgia Drew Publication date: 1896 Publisher: Alfred, N.Y., W. A. Fergusson & co. Number of Pages: 1102

Author: Minard, John Stearns, 1834-1920; Merrill, Georgia Drew
Publication date: 1896
Publisher: Alfred, N.Y., W. A. Fergusson & co.
Number of Pages: 1102