USA > New York > Allegany County > A Centennial Memorial History of Allegany county, New York > Part 31
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mit him to hold the office for another full term, and he might after that, if again elected, be entitled to draw the salary without rendering any service. This resulted in a contest for the office, and he declined to be a candidate. He served as judge over 28 years. In 1892 he was elected to congress for the Thirty-third District, receiving a plurality of about 5,000 votes, and in 1894 was re-elected by a plurality of about 12,000 votes. During his judicial career he never failed to hold all courts assigned to him, except when he was appointed to hold extraordinary courts in other parts of the state. That was the case in the trial of Greenfield in Syracuse for killing his wife, which consumed more than six weeks' time. He also presided in New York City in the celebrated trial of Senator Genet, one of the Tweed Ring, for obtain- ing money on false vouchers for materials for the Harlem court house. Genet was convicted, but was permitted to escape. After being a wanderer for over a year Genet gave himself up, and his case was taken to the supreme court and court of appeals, and the verdict affirmed. He was then sentenced to the penitentiary for nearly a year, and to pay a fine of $10,000, being the amount he had obtained, with interest. He suffered the imprisonment and paid the fine, which it is believed was the only money refunded on the con- viction of the members of the infamous "Tweed Ring." Judge Daniels also wrote the decision affirming the order to hold Tweed to bail, in a suit brought to recover money appropriated by him. That decision was affirmed by the court of appeals, and resulted in the detention of Tweed in prison until his death. Judge Daniels was by assignments of the different governors a member of the appellate division of the supreme court in New York City for 20 years, holding at least four terms of that court each year. The period covered by his judicial career was one of constant labor and responsibility, and gained for him great eminence as a judge and placed him on the list of distinguished self-made men. Judge Daniels says: "It has been my lot from boyhood to employ my time in unremitting labor, and the present forms no exception in my favor. My schooling was less than a year, and what was afterwards acquired resulted from persistent study, during short intervals devoted to manual labor on farms and in mechanical pur- suits."
Hon. George Barker was next, holding the October term, 1868, Anson C. Hall and Merritt B. Dake were justices of sessions. He was born in Venice, Cayuga Co., November 6, 1823, studied law with David Wright, Esq., of Auburn, and located in Fredonia in January, 1848, just after his admission to the bar. In 1853 he was elected district attorney for Chautauqua county, serving one term. Again elected in 1862, he soon resigned on account of his large practice. In 1867 he was a member of the constitutional convention and was the same year elected justice of the supreme court for the Eighth Judicial District, without opposition. In 1875 he was again elected for a term of 14 years, a large part of this term he was a member of the general term for the Fourth Judicial Department and for the last years was its presiding judge. He was a member of the constitutional commission to propose
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amendments to the judicial article of the constitution. He is now enjoying a well-earned and happy retirement. His long service on the bench has made him known as one of our most able and distinguished jurists.
Hon. George D. Lamont held his first term in Allegany in February, 1869. Washington Moses and Merritt B. Dake were the justices of sessions. For five or six years Judge Lamont as often as any other of the judges held circuits in Allegany.
The records show Hon. David Rumsey as holding court in February, 1875, the only term which it appears he held here. He had previously been a member of congress, and was a man very highly esteemed, not only as a lawyer and judge but as a citizen. As he was a resident of Bath, in another judicial district, he was no doubt sent to hold this term in some emergency.
Hon. Wm. H. Henderson was the next judge in order of appearance, holding the June term, 1876. John T. Wright and Stephen Thomas were justices of sessions. The records show no other term held by Judge Hender- son. He is still living at Randolph, Cattaraugus county. He was admitted to the bar in 1852, having studied with Alexander Sheldon and Joseph E. Weeden, of Randolph. He was appointed by Governor Tilden to serve in place of Hon. George D. Lamont, deceased, in 1876, and the same year was nominated by the Democrats for a full term, but was defeated by Albert Haight. His legal ability and general worth as a citizen are fully recognized by the people of Western New York.
As it is thought all other judges who have held courts in this county are (with one exception) now living, their names only will (as a general thing) be given and the time of their first appearance. Our people meet them from time to time in various capacities and have their own opinions in regard to them. It is safe however to say that the reputation of the judges of the Eighth Judicial District is fully up to the average of other districts of the state in learning and ability, and in possession of all the necessary qualities for an exalted judiciary.
Hon. Albert Haight of Buffalo held his first term in Allegany in June, 1877. Hon. Loran L. Lewis, another Buffalo man, first appeared in October, 1883. Hon. Henry A. Childs held the June term, 1884. He is a resident of Albion, Orleans county. Hon. Thomas Corlett, (deceased) held his first court here in January, 1885. He had formerly lived in Attica, but was re- siding in Buffalo when he died. Hon. John S. Lambert, a Chautauqua man, held his first court in Allegany in January, 1890. Hon. Hamilton Ward appeared first in June, 1892.
Judge Hamilton Ward was born in Salisbury, Herkimer county, July 3, 1829. In 1849 he entered the law office of A. & W. P. Konkle, of Elmira, as a student and applied himself with such assiduity that he was admitted to the bar in 1851. In September, 1851, he settled in Belmont and soon took a prom- inent position in the Allegany bar. In 1856 he was elected district attorney and again elected in 1862. In 1864 he was elected to congress, and was twice re-elected, serving six years continuously, during a very important
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period in the administration of the government. In congress he was a member of the committee on claims, of the committee on reconstruction and of the committee appointed to impeach President Johnson. For a few years subsequent to 1871 he devoted himself entirely to the practice of law and was considered as one of the most successful lawyers of the state. In 1879 he was elected attorney general of the state. and May, 1891. he was appointed to fill the vacancy on the bench of the supreme court made by the death of Judge Thomas Corlett. In the fall of 1891 he was elected justice of the supreme court, which high office he now holds, discharging its duties with ability of a high order. While in practice he was connected with many of the important cases in Western New York. among them that of The People vs. Hendryx for the murder of his wife. He was the successful attorney in the Angelica and Caneadea railroad bond cases, in the great Whitney divorce case and in other hotly contested causes. While attorney general he was as- signed by the governor to prosecute Barney Hughes for the murder of W. J. Hadley, a distinguished criminal lawyer of Albany. The case . attracted state-wide attention, and Mr. Ward's summing up was very highly com- mended. As a member of the capitol commission he caused to be abrogated a contract for the purchase of granite at a saving to the state of $200,000. He was appointed by Gov. Hill a member of the commission to revise the con- stitution, and was one of those who opposed the final action of the commis- sion. which resulted in its rejection by the legislature.
Although Judge Hatch has not held any terms of court in Allegany as yet, he is one of our own sons, and as we expect that he will visit us in his judicial capacity, we take pleasure in giving a sketch of him here. Hon. Edward W. Hatch, one of the justices of the supreme court of this state, was born in Friendship, November 26, 1852. His father, Jeremiah Hatch, a de- scendant of Capt. Jeremiah Hatch who served in the Revolutionary War, was educated at Middlebury College, Vt., became a tutor in Newberne, N. C., and subsequently was principal of Friendship Academy. In 1856 Judge Hatch's father became canal collector on the Genesee Valley Canal, and read law in the office of A. P. Laning. At the breaking out of the war he raised a com- pany and went out as captain in the 130th N. Y., and died of disease at Suf- folk, Va., in December, 1862. Judge Hatch's mother was a daughter of Sid-
ney Rigdon. After the death of Captain Hatch the family removed to Friendship, where Judge Hatch attended the Academy in the autumn and winter months, until he was sixteen years old. He then learned the black- smith trade, working at it in this county, and in the lumber woods of Penn- sylvania, and at Attica, Wyoming county, until December. 1872. During all these years, however, he had a latent ambition to become a lawyer. An op- portunity came in 1872, when he began to read law in the office of Hon. Andrew J. Lorish, the present county judge of Wyoming county, then post- master at Attica, and at the same time he was made a clerk in the postoffice. In 1874 he came to Buffalo, and entered the law office of Corlett & Tabor. the former of whom afterwards became a justice of the supreme court and
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the latter attorney general of the state. This firm dissolved in 1875, Judge Hatch remaining with Judge Corlett until admitted to the bar in June, 1876. He then practiced law alone until 1878, when he formed a partnership with his former preceptor, Judge Corlett, which continued until the latter went upon the bench in 1883. In 1880 and 1883 Judge Hatch was nominated by acclamation by the Republican party for the office of district attorney of Erie county, and was elected each time by a large vote. In January, 1884, he entered the firm thereafter known as Box, Hatch & Norton and there contin- ued until January, 1887, when he was elected one of the judges of the superior court of Buffalo, a court having equal jurisdiction with the supreme court of the state. The superior court of Buffalo was abolished on December 31, 1895, and its judges were transferred into the supreme court for the re- mainder of their terms. Judge Hatch had still five years to serve, but in the autumn of 1894 he was unanimously nominated as a supreme court justice in the Eighth Judicial District embracing the counties of Western New York, for the full fourteen year term, and elected by a large and flatter- ing vote, whereupon he formally resigned as judge of the superior court for the unexpired term. All of bis promotions have been the result of increas- ing majorities. As a lawyer in private practice, as district attorney and on the bench, Judge Hatch has been conspicuous for his ability, industry, per- sistence, courage, sound judgment and high sense of honor. He has also, at all times, taken an active interest in public affairs and reforms, is at present a member of the faculty of the Buffalo Law School, and lectures frequently in Buffalo and elsewhere on social, ethical and economic subjects. Though still comparatively a young man his progress has been rapid, but based on unflagging energy, honest endeavor and substantial merit. By appointment of Governor Morton he is now a member of the appellate court of the sec- ond division,
Hon. Manley C. Green held the June term, 1894, and the June term, 1895, was held by Hon. Alfred Spring.
Judge Spring was born at Franklinville, N. Y., Feb. 19, 1851, son of Hon. Samuel S. Spring. He was educated at Ten Broeck Free Academy, graduating in June, 1870. Reading law with his father, he was admitted to practice in October, 1875, and in 1879 was elected surrogate of Cattaraugus county, holding by re-election the office 12 years and with decided ability. He has since been in practice in Franklinville with his brother George C., until in the beginning of 1895 he was appointed justice of the supreme court to fill the existing vacancy, and in November following was elected to the same position.
QUAINT RECORDS AND NOTABLE TRIALS .- The first indictment by a grand jury in Allegany county was found at the June term, 1809, and David Sanford, presumably of Caneadea, was the party indicted. The offense charged was assault and battery, but the record does not show upon whom. He was tried at that term and "found not guilty." Another and similar in-
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dictment was found against him, upon which he was tried, found guilty and fined $5. Stephen Waterman for a like offense was fined $10. By scanning the records it would seem that from 1809 to 1825 assault and battery was epidemic with our population, the instances of indictments for that offense being almost innumerable. Many when tried were found not guilty, and where convicted the fines ran from $1 to $25, the latter sum of course im- posed in aggravated cases. The first trial for grand larceny was at the October term. 1809. Ebenezer Slawson being tried and found not guilty, the jury not leaving their seats. At the October term, 1810, Daniel Graham was tried and found " guilty of the felony whereof he stands indicted, and so say they all." He was " committed to states prison for four years." For what crime he was punished does not appear, but Mr. Graham enjoys the distinc- tion of being the first representative of Allegany county in the state prison. At the June term, 1811. Jasher Clark was indicted for "intent to murder,' Ammi Holt for forgery and Ebenezer Griffith for libel. Mr. G. was tried at the next term, found guilty and fined $20, At the June term, 1814, the record reveals this.
The People Agt. Indicted for felony
Sherman Manville
Pleads guilty
tried and " the jury return to the bar and find him not guilty."
At the October term. 1818, John Radley and Jotham Campbell were in- dicted for horse-racing. At the October term, 1819, Medad Mckay was in- dicted for murder in poisoning his wife. This was the first of its kind in the county. But as the years pass the catalogue of crime increases.
At the February term, 1824, David D. How was indicted for the murder of Othello Church on December 30, 1823. by a grand jury which consisted of Moses Van Campen, foreman, William Bennett, Elijah Osgood, Wm. Gray, Hiram Gray, Eleazar Burbank, Freeman S. Wilson, Charles Swift. Horatio Smith, Levi Benjamin, Matthew P. Cady, Daniel Woods. Solomon Chamber- lain, Nathaniel H. Fordice, Walter Bennett, Azel Fitch, Ebenezer Pettis, Stephen Merrils, John Hammond and Jeremiah Fuller. On the 4th and 5th of February How was tried by a jury consisting of Daniel Scott, Isaac Smith, Amasa Hall, Peter Bacon, William Rose, Luke Maxon, George G. Patterson, Joseph Haynes, Ephraim Rowley, Joseph H. Root, Simon Williams and Horace Whitney. The court was held in a room over the first jail which stood on the site of the present Catholic church in Angelica. Samuel S. Haight was the district attorney. He was assisted by John C. Spencer, son of Judge Ambrose Spencer, (to whom the court ordered the payment of $100 or his services), and Daniel Cruger. For the prisoner appeared Fletcher M. Haight, Alvin Burr and Felix Tracy. Forty-one witnesses were sworn on the part of the people, and fifteen for the defense.
William B. Rochester was the circuit judge and associated with him were John Griffin, Thos. Dole, Clark Crandall, Vial Thomas and Sylvanus Merriman, judges. Great interest was manifested in the case, and during
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the trial, which was ably conducted on both sides, a military guard was stationed around the jail. Public sympathy was largely in favor of the pris- oner. The jury rendered a verdict of guilty and How immediately confessed his guilt. He was sentenced to be hung on the third Friday of the following March. So much sympathy for How was expressed by the people that the authorities placed a guard about the jail and the house of Sheriff Wilson for several days previous to the execution, fearing that an attempt might be made to rescue him. How was publicly executed as the sentence directed, and people came to witness the execution from Cayuga, Steuben, Livingston, Genesee and Cattaraugus counties and from Potter county. Pa. Half a hundred Indians from the reservation at Caneadea were present. The gal- lows stood just west of where the Charles Hotel now stands. No other exe- cution in this county has excited anything like the degree of interest that prevailed on this memorable occasion.
At the May term, 1827, Henry W. Tracy was indicted for " Blasphema." He was tried and the court imposed a fine of $25, defendant to stand committed until paid. There must have been some violent and extravagant language used in those days, for at the May term of oyer and terminer, 1830, Gilbert B. Champlain was indicted for blasphemy.
The record-maker for the September term, 1834, opens his account thus: " At a court of oyer and terminer *
* * Present Adison Great Judge " etc. Judge Addison Gardiner presided. As late as October, 1838, " court adjourned to house kept by Warner Hastings, in Angelica," for what reason is not stated; perhaps some repairs to the court house were in progress.
At the June term, 1840, Robert Monell circuit judge, presiding, Patrick Brien was indicted for murder, arraigned, pleaded not guilty and demanded trial and was released on $500 bail, but nothing further appears concerning the case. At the same term William Casey was indicted for murder, pleaded not guilty, was tried, convicted of manslaughter and sentenced to four years in state prison. James Welch and Michael Linch were the same year indicted for killing Patrick Linch, but the records do not show a trial. Patrick Kelly was indicted in October, 1841, for the murder of his wife at Andover. He was tried at the next June term, Hon. Robert Monell presid- ing. Hon. Wilkes Angel appeared for the people, and William G. Angel and Martin Grover for the defendant. The case was submitted, and, after the jury had been out a short time, the judge sent for them, and asked them if they had agreed upon a verdict. They answered "no," and he promptly discharged them. The case had been made much stronger against the pris- oner than was expected, and the judge took this way of forewarning the counsel for the prisoner. Another trial was had, a more vigorous defense was interposed and a verdict of acquittal resulted. Henry Sheffield was tried in June, 1842, before Judge Monell for killing Wm. Boyle of Amity, convicted of manslaughter in the third degree, and sent to state prison for two years.
The years during which the construction of the Erie railroad and the
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Genesee Valley canal was prosecuted afforded more than the average num- ber of cases of homicide, though but one conviction was secured, that of Matthew Carrigan for shooting David Romer. He was indicted in April, 1851. and tried before Hon. Richard P. Marvin the June following, and was executed in due time. Lewis Stanch in July, 1854, was indicted for poison- ing Samuel Lentz. tried in March, 1855. and acquitted. Erastus Smith was indicted for the murder of Martin Van Buren, and was tried in December of the same year, and acquitted. At the October term, 1861, Charles W. Brooks and Arnold W. Hazzard were indicted for murdering Matthew Seeley in March, 1862, a plea of manslaughter in the first degree was entered, and they were sent to states prison, Brooks for eight years and one month, and Hazzard seven years and one month. Thomas Burns and Mark Costello were indicted in July, 1862. for murder. Costello was tried in October and convicted of manslaughter in the third degree, and Burns plead guilty to the same and both were sentenced to two years in state prison.
Jane Brooks was indicted for the murder of Mary Lacelle by poisoning, at the July term. 1863, and was tried the next October before Hon. Martin Grover. Hon. Hamilton Ward was the prosecuting attorney and Hon. Wilkes Angel and Col. A. J. McNett defended. The case from its nature and cir- cumstances was invested with unusual interest; the trial resulting in con- viction, and sentence to be hanged on the 18th of December, 1863, but the Governor interposed and commuted her sentence to imprisonment for life. Jerome Curtis of Granger was indicted in 1865 for murdering his wife by poisoning. The case was tried in 1866 and resulted in a verdict of acquittal.
A notable trial was that of David H. Carpenter in February, 1869, for the murder of his brother. Hon. M. B. Champlain assisted the district attorney Gen. Rufus Scott, and Hon. Wilkes Angel and A. P. Laning defended the prisoner. No motive for the crime could be shown. The son of the prisoner was instrumental in securing his conviction, and he was executed in April, 1869.
Probably the most notable trial for murder in this county was that of Henry C. Hendryx for the murder of his wife by shooting on July 7. 1876. He was tried in October before Judge Barker at Belmont, and the jury, fail- ing to agree, was discharged. The following June at Angelica he was again tried, and the jury returned a verdict of murder in the second degree, and he was sentenced to imprisonment in the state prison for life.
At the January term, 1882, Edwin Whipple was indicted for murder, tried, found guilty of manslaughter and sentenced to states prison for 19 years. John McCarthy was at the same term tried for murder, found guilty and was hung the 24th of the next March. In January, 1886, Isaac Griffin was indicted for murder, afterward convicted of manslaughter and sent to state prison for life. Charles Gilbert and Henry Smith have each been sent to prison for life, each being indicted for murder.
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ATTORNEYS AND COUNSELLORS .- It is to be regretted that more can- not be learned of the lawyers who attended our very earliest courts. The record of their oaths as attorneys and counsellors affords, in many cases, even of prominent lawyers, the only thing we can give concerning them. By the list it appears that at the opening of the first court five attorneys were sworn in. Of that five a sketch of Daniel Cruger only appears. Three more were sworn at the next term. S. S. Haight and Zephania Z. Caswell being two, and of them, though very prominent, but little is known. John Mastick, an early lawyer of Rochester, was sworn in at the January term, 1809, though then of course from some other place. Timothy H. Porter took the oath in June, 1809. He resided in this county for a while, probably at Angelica, was senator from Allegany and Steuben 1816-1829, inclusive, and then removing to Olean was the first presiding judge of the court of common pleas in Cattaraugus county. He died in Olean about 1840, after a very busy and useful life. Wm. B. Rochester appeared in our courts as early as 1811. Henry Wells afterward Judge Wells appeared first in June, 1818, and Charles H. Carroll in February, 1820. Luther C. Peck took the oath in June, 1826. He was then living in Pike, where he was supervisor six years and justice of the peace ten years. He was elected to congress in 1836 and re-elected in 1838. For nearly 50 years he attended the Allegany courts. He was a very able man, a great master of sarcasm, and an eloquent advocate. Ransom Lloyd afterward county judge first appeared in our courts in February, 1827. At the same court John Young of Geneseo also appeared. Mr. Young was for years frequent in his attendance at our courts. He was an able lawyer, a powerful advocate and successful attorney, and afterward governor. John
C. Spencer's name does not appear, though it is well known that he was engaged on the How trial in 1824. So it seems there must have been some exceptions. Nor does the name of Dudley Marvin appear, though for years he attended our courts. He was a great criminal lawyer and one of the most remarkable men of the state. He was formerly of Canandaigua, New York and Brooklyn, and later became a resident of Chautauqua county. He " rode the circuit " in his earlier and more active days. John G. Collins took the oath as an attorney June 23, 1830. The first appearance of Alexander S. Diven was February 12. 1834. The late Samuel M. Russell put in his first appearance at the June term, 1830. William G. Angel and Martin Grover appeared and took the oath June 23, 1835. The late Benjamin F. Angell of Geneseo was sworn February 11, 1836, and Miles Moffatt of Portageville October 6, 1836. Wilkes Angel and his brother William P., Dec. 10, 1836 Wm. A. Stewart afterward district attorney for Allegany, was sworn as attorney and counsellor October 5, 1837. Wolcott Hatch, afterward county judge, October 2, 1838, and Marshall B. Champlain February 8, 1839. Samuel C. Wilson took the oath June 2, 1840, and I. N. Stoddard June 7, 1841. Mr. Stoddard was quite a prominent lawyer from Genesee county. Gideon L. Walker first appeared at the February term, 1843, and David J. Pulling and Lucien P. Wetherby at the June term same year. Albert P. Laning was
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