USA > New York > Allegany County > A Centennial Memorial History of Allegany county, New York > Part 32
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sworn as attorney and counsellor June 6. 1844, and James R. Doolittle Feb- ruary 3, 1845. Mr. Doolittle was one of the bright and shining stars in the legal firmament of those days. Weatherstield, Wyoming Co., was his native place. About 1850 he removed to Wisconsin and soon after became United States senator from that state. E. E. Harding first appeared at our courts June 3, 1845, and so has rounded out over half a century of successful prac- tice, being now the oldest attorney and counsellor, both in age and practice. in the county. Scott Lord appeared February 2, 1846. Mr. Lord has since achieved great eminence as a lawyer in New York City.
This list has been " sifted over " down to fifty years ago. The absence of some distinguished names is no more noticeable than the appearance of others. John B. Skinner was an almost constant attendant upon the Alle- gany courts for a great many years, and was one of the leading lawyers of Western New York, yet we fail to find his name; while the names of Reuben Weed, Jazaniah Emerson, Peter S. Norris and others, who were never known as lawyers do appear. The list discontinues with February, 1847. Quite likely new provisions were made under the new constitution for the admis- sion of lawyers to practice.
That historic old court house at Angelica has been the scene of many a legal encounter, many a battle of intellectual giants, and, on occasion, has been crowded to the doorways to listen to the forensic efforts of John B. Skinner, George Barker, Luther C. Peck, James R. Doolittle. Alexander S. Diven, Martin Grover, Dudley Marvin, John Young, Marshall B. Champlain and others, not to speak of those of the present day. Intense was the excitement of the crowd, and more especially of the clients, when, after the case was "summed up" and the judge "charged " the jury, the latter retired, and with what suspense and breathless anxiety was awaited their return with a verdict, which the late Luther C. Peck said was "out of, and beyond all human calculation, and would challenge the omniscience of Deity to forecast." And those displays of eloquence, those engagements of the lighter arms and the heavy artillery of the bar of Western New York were given for a mere pittance compared with the fees of successful practitioners of to-day. One of the older members of the Allegany bar told the writer he had known Martin Grover in his early years of practice to drive over from Angelica to Cuba and " pettifog " a case before a justice for the insignificant sum of two dollars, and, repeating this to an old resident of Hume, this man declared that he had known him to come to Hume on a like errand for A DOLLAR AND A HALF! Of course the pay of the lawyers of those days when engaged in the higher courts was only proportionately larger, but would the merest tyro in the profession to-day travel twenty miles and back, and "fogg a suit " before a justice for the pay that Martin Grover received? Reminiscences, anecdotes, jokes and peculiar episodes without number of Allegany's early courts and lawyers might be recited did time and space permit, and it is to be hoped that some competent member of the profession may deem it a labor of love to rescue them from oblivion and preserve them
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HISTORY OF ALLEGANY COUNTY, N. Y.
in a volume entirely devoted to this subject. We will now present the "oath list " of early lawyers, and follow it with personal sketches.
"OATH LIST " OF ATTORNEYS AND COUNSELORS.
1807. C. T. Harrison, Daniel Cruger, Horatio Waterhouse, J. Clark, Phineas L. Ely, Nov. 10.
1808. S. S. Haight, Jan. 28, Z. Z. Caswell, John S. Daly, Oct. 25.
1809. John Mastick, Jan. 18, William Wiesman, Daniel W. Lewis, Timothy H. Porter, June 27.
1810. Reuben Smith 2d, Oct. 23.
18II.
William B. Rochester, J. J. Haight, June 25, Josiah Robinson, Oct. 27.
1814. William Woods, June 28, R. Bunner, Oct. 25.
1815. David Hudson, David Woods, David Higgins, Jr., Oct. 21.
1817. Alvin Burr, Jan. 21, John Collins, Jan 22, Mayhew Safford, June 24, Felix Tracy, Oct. 28.
1818. Henry Wells, Jacob R. Everstow, Lewis L. Littlejohn, June 24.
1819. James Cochrane, Oct. 26, James Crocker, Edward Howell, Oct. 27.
1820.
Charles H. Carroll, Feb 8, Anson Gibbs, June 27.
1821.
George H. Green, Fletcher M. Haight, Feb. 13, George Miles, Oct. 6.
1822. Ziba A. Leland, Oct. 21.
1823. Russell Day, Oct. 23, William Hyslop, Oct. 24.
1824. John D. Safford, Feb. II.
1825. Mr. Cook, Feb. 8.
1826.
John G. Hallett, Arthur Herrick, June 7, Luther C. Peck, C. H. Beyong, June 28.
1827. Ransom Lloyd, L. Waldron, John Young, Feb. 15, Levi Warner Ruggles, Ambrose Bennett, June 26, Henry W. Rogers, Oct. 23, Joseph Wilson, Oct. 25.
1828. Elijah Griswold, Feb. 12.
I830. Henry Bryan, Dudley C. Bryan, June 22, John G. Collins, June 23.
1831. James Smith, Benjamin C. Cook, John B. Cooley, June 28, Frederick Carter, Bronson Owen, Oct. 25.
1832. Francis Storms, Feb. 15, James Proudfit, Feb. 14, Anthony S. Chew, Robert Haight, June 27, Lyman Sherwood, June 25, Robert S. Wilson, June 28.
1834. A. C. Chipman, Alexander S. Diven, Samuel M. Russell, Feb. 12, William R. Smith, June 30, William M. Hawley, Oct. 31, Wittel Larabee, Nov. 8.
1835. William G. Angel, John E. Niles, Martin Grover, B. Bagley, June 23, J. B. Goodwin, June 26, Isaac L. Endress, June 28.
1836. Benjamin F. Angell, Andrew Mead, Feb. 11, Miles Moffat, Oct. 6, C. T. Chamberlain, Wilkes Angel, Charles Collins, William P. Angel, Dec. 10.
1837. Addison M. Crane, June 6, Nathan Osborne, Dexter Straight, Oct. 4, William A. Stewart, J. K. Hale, Oct. 5.
1838. Alvan Peck, James L. Loop, Feb. 7, Marvin Trall, June 6, Wolcott Hatch, Oct. 2.
1839. Marshall B. Champlain, Feb. 8.
1840. Reuben P. Wisner, Feb. 5, David B. Johnson, F. B. Pottle, June 2, Samuel C. Wilson, June 6, Harvey F. Smith, Oct. 6.
1841. Roderick White, Feb. Io, Laurens B. Hull, I. N. Stoddard, J. B. Hamilton, O. C. Pratt, June 7, O. W. Hewitt, L. D. Simons, William Hicks, A. J. Lyon, Josiah Utter, Andrew C. Hull, Oct. 12.
1842. R. L. Brundage, Feb. 10, Samuel J. Mills, Feb. 19, Robert Flint, June 7, C. R. Monell, Emery E. Norton, June 8, A. S. Nye, Hiram Bennett, Oct. 5. 1843. Thomas J. Reynolds, Feb. 9, Gideon L. Walker, Feb. 10, George W. Elmer, Thomas H. Gibbs, Feb. 14, Kimball H. Dimmick, June 7, David J. Pulling, June 9, L. P. Wetherby, June 13, E. Horton, Oct. 20.
1844. A. L. W. Dougall, Feb. 7, James Burt, Feb. 9, Nelson Cobb, Feb. 17, A. P. Laning, June 6, Elias Hull, June 12, Thomas C. Rogers, Oct. 8.
1845. James R. Doolittle, Feb. 3, Grover Leavens, Feb. 5, W. L. Storke, Feb. 7, John Wilkinson, M. H. Wygant, Floyd Kelly, J. H. Windsor, Feb. 11, E. E. Harding, June 3, Alexander Storrs, June 10, Buel Town, W. A. Bly, Oct. 7.
1846. H. Chalker, Linus Jones Peck, Scott Lord, Eldad O'Brian, Feb. 2, I. T. Walker, Truman Hub- bard, Feb. 10, George Bishop, May 22, William M. Crozier, Warren B. Cutler, May 26, M. H. Hann, Oct. 14, Z. H. Jones, Richard C. Bushnell, R. W. Scott, Oct. 15.
1847. William H. H. Griffin, L. L. Strong, Feb. 6, Lewis Foster, William Windsor, Reuben Weed, John Wheeler, Feb. 10, Jazaniah Emerson, Feb. 12, George B. Jones, R. H. Renwick, Feb. 13, Morris S. Chase, Anson G. Chase, May 20, James L. Common, May 21, B. C. Brundage, J. S. Green, Peter S. Norris May 22.
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February 3. 1841, one Cyrus M. Harmon's name appears as having taken the oath, but a line is drawn over the name and opposite appears "Thrown over the Bar." Just what that means perhaps some of the older members of the bar may know. Whatever it may have been however, the record shows no other such instance.
Vincent Matthews, born in Orange county, June 29, 1766, was sent to school at Middletown, N. Y., at an early age, but instead of entering college, he finished his classical studies under the instruction of Noah Webster. In 1786 he began reading law in the office of Robert Troup in New York, and in 1790 was admitted to practice. He was chosen to represent the western senatorial district in 1796. In 1809 he was elected to congress. In 1816 he removed to Bath, Steuben county, thence in 1821 to Rochester. He was one of the great lawyers of his day, and was in frequent attendance at the courts at Angelica. He practiced law for over half a century.
Daniel Cruger was born in Sunbury. Pa., December 22, 1780. At the age of thirteen was apprenticed to learn the printer's trade. He afterward studied law with S. S. Haight at Bath, and was admitted to the bar and be- came his partner in 1806. He was elected member of assembly from Alle- gany and Steuben in 1813-14 and 15, was district attorney for the counties of Tioga, Steuben and Allegany as early as 1809, and was elected to the as- sembly again in 1825. He died in Wheeling, Va., in 1843.
Judge John Collins, son of John, was born in Litchfield, Conn. In 1825 he came to Angelica and was engaged with others in the sale of land in Alle- gany. He was admitted to the bar in 1807, and died in 1863.
John C. Spencer, who assisted district attorney Haight in the trial of D. D. How in 1824, is worthy of more than passing notice. He was the son of Ambrose, and was born in Hudson, N. Y., January 8, 1788, and died in Al- bany, May 18, 1855. He was graduated from Union College in 1806, and in 1807 was private secretary to Gov. Tompkins. He was admitted to the bar in 1809, was master in chancery and district attorney, member of congress 1817-19, and served several terms in state assembly and senate. In 1827 he was one of the revisers of the statutes of the state, and in 1839, secre- tary of state of New York. He was United States Secretary of War, and then Secretary of the Treasury in Mr. Tyler's cabinet, 1841-43.
John Baldwin was a native of Lebanon, Conn., and when young located in Geneseo for a permanent residence. However he soon after determined to prepare himself for the law, and entered the office of Samuel M. Hopkins at Moscow, Livingston county, remaining with his preceptor until admitted to the bar, when he commenced practice in Moscow, and after a year or two he located at Dansville. In 1835 he formed a copartnership with the late Wm. M. Hawley of Hornellsville, and removed to that place. The firm soon became distinguished for ability and fidelity to its clients, and was very successful and while it continued had the entire confidence of the public. Mr. Baldwin remained in Hornellsville until 1842, and then removed to Al- mond, where he resided until his death in 1843. Mr. Baldwin possessed
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HISTORY OF ALLEGANY COUNTY, N. Y.
rare faculties of mind, and a remarkable memory. He had an exalted taste for literature, reading the most eminent of ancient and modern authors, had a great fund of wit, which at times was irrepressible, was an eloquent advo- cate, but on many an occasion invoked the displeasure of the court by his blunt expressions; at heart however he was honest and true as steel to his clients. He will long be remembered for his quaint sayings and extrava- gant expressions. L. B. Proctor says of him, "He was one whose faults lay on the exterior of his character, who never attempted to pass for anything better than he really was." An old resident of Almond informed the writer that when on his death bed a friend said to him " Baldwin, do you know you are dying? " Baldwin said, "No, am I?" "You are, " said his friend. "Then " -said Baldwin-"I suppose we shall have to let her flicker , " an expres- sion much used at the time. These were his last words.
Gen. Alexander S. Diven was born in Watkins, February 10, 1809, edu- cated at Penn Yan and Ovid academies, taught school and at 21 years of age he began the study of law in the office of Judge Hiram Gray at Elmira. He was for a time also in the office of Fletcher M. Haight at Rochester; after- ward was in the county clerk's office at Owego, then became a resident of Angelica, where he was admitted to the bar of the court of common pleas. At the court of oyer and terminer held in Angelica in July, 1837, he became district attorney, in which capacity he served 5 or 6 years. He practiced law in Angelica 11 years, 13 years being a partner of Geo. Miles. In 1845 he removed to Elmira where he has since resided. He was state senator in 1858-9, and a member of the 37th congress. He was a gallant soldier during the Civil War, attained the rank of major and was afterward brevetted brigadier general. A sound lawyer of extensive practice, he was eloquent and persuasive, and is ranked among the foremost in the profession in the state.
William M. Hawley was born in Delaware county, February 13, 1802, and came to Almond in 1828. He studied law with George Miles; could not de- vote all his time to study, so took books home with him, and when relieved of other duties, applied himself industriously to them, and in due time was admitted and established an office in Almond, where he had a good practice. removing to Hornellsville in 1837. He died some years ago.
Samuel M. Russell was born in Canajoharie, N. Y., February 14, 1808. In 1810 the family removed to Hume. He attended the first school in Hume (his sister Caroline the teacher), during the war of 1812. The common school, and about 3 years at the Middlebury academy, were his only educa- tional advantages. He taught school a few years, then entered the law office of Timothy H. Porter at Olean, but Mr. Porter soon being elected to con- gress, Mr. Russell resumed his studies with George Miles of Angelica. January 13, 1837, he was admitted to the bar of the supreme court by Chief Justice Nelson. October 29, 1841, he was admitted as counsellor at law by Judge Nelson. January 14, 1837, he was examined and admitted as solicitor in chancery by R. Hyde Walworth, chancellor of the state. On the 27th
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COURTS AND LAWYERS.
of September, 1867, he was admitted and licensed in the United States courts. He held by appointments by the Governor, several offices, supreme court commissioner and master and examiner in chancery. He was post- master at Cuba eight years. He was a life-long Democrat, and for years the oldest member of the Allegany bar.
Wilkes Angel, of English and Society of Friends' ancestry, son of Wm. G. Angel, was born February 26, 1815, in Exeter, Otsego county. The com- mon schools of his day and Hartwick academy, were his only educational advantages. With the family he removed to Hammondsport in Steuben county in 1833, thence to Angelica in 1835. Prosecuting his law studies with Angel & Grover he was admitted to the bar in 1837, commencing prac- tice in Cuba in 1838. In 1844 he removed to Angelica and from thence to Belmont in 1866. In 1841 he was appointed district attorney of Allegany county, and Gov. Silas Wright made him master in chancery in 1844. He was supervisor of Angelica and of Amity, and was chairman of the board of supervisors. In 1860 he was elected to the assembly and 1861 and 1863 to the senate. A lawyer of large and successful practice, he was also a leg- islator of marked ability.
Marshall B. Champlain was born in Stafford, Genesee county, Decem- ber 22, 1820. His father was Gilbert B. Champlain, M. D., a lineal descend- ant of the eminent French navigator, and first governor of New France, or Lower Canada. His mother's family were of Irish extraction, and the blend- ing of the two nationalities may account for the ease and affability, the ardor and ready wit for which Mr. Champlain was distinguished. The family in Marshall's early years removed to Cuba, where he ever afterward resided. With the exception of a short period at the Middlebury academy, Mr. Cham- plain's education so far as institutions of learning had to do with it, was con- fined to the common schools. Whatever he may have lacked in academic and collegiate advantages, he made up by determination and persistence in the pursuit of knowledge. Making choice of the law as his profession, he entered the office of S. M. Russell, Esq., at Cuba, and began his studies, finishing with James A. Guernsey of Pittsford, Monroe county, and was ad- mitted to the bar at twenty-two years of age. Establishing himself at Cuba he soon secured a lucrative practice, which extended throughout his own and adjoining counties. In January, 1845, he was appointed by the court of common pleas of Allegany to the position of district attorney. In 1852 Mr. Champlain was elected member of assembly by a large majority, and was distinguished, owing largely to personal popularity, by being the last Demo- cratic member sent from Allegany. He at once took a leading position in the assembly where he was noted for coolness, skill and superior ability. In April, 1867, he was elected delegate at large to the constitutional convention. In the fall of 1867 he was elected attorney-general, and in 1869 was re-elected by an increased vote. After the expiration of his term of office he retired from public life. Satisfied with the high honors which had been bestowed upon him, he sought the quiet of home life, and rest from active work, with
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only labor enough in his profession and otherwise, to make him contented and an occasional help to his friends. Mr. Champlain was buried at Cuba on the 10th of March, 1878.
Wm. Pitt Angel studied law with his father, Wm. G. Angel, was admitted about 1840, opening an office in Cuba, afterward removing to Ellicottville, where he was elected district attorney, holding the office some ten years. He afterward removed to New York and was for a time in partnership with James W. Nye. He soon returned to Cattaraugus and located in Olean and in 1866 removed to Westchester county where he died February 11, 1869.
David J. Pulling was a practicing attorney as early as 1843, for a while in Hume. after at Angelica associated with Ransom Lloyd under firm name of Lloyd & Pulling. He removed to some western state not far from 1850.
Albert P. Laning was admitted to practice in the common pleas of Catta- raugus county in 1844. In 1847 he was located at Rushford, and in Oramel as late as 1853. He became distinguished as a lawyer, his fame reaching far beyond the limits of the county. He removed to Buffalo where he secured a lucrative practice and was attorney for the New York Central for some years before his death which occured in the eighties.
Bonum Laning a brother of A. P., was engaged with him and J. W. Deuel in practice at Oramel. He died many years ago.
Elias E. Harding was born January 11, 1817, in Lyme, Conn., brought up on a farm, at 18 years of age attended the old Middlebury Academy one year, then one year at Alexander Classical School, after at the academy at Bethany. Taught school several terms and was for some time a teacher in Clarence Academy. In 1840 began reading law with Skinner & Smith at Leroy; finished with W. Riley Smith at Attica. He was admitted to the bar in 1844 at Rochester in class with James O. Putnam of Buffalo. Chief Jus- tice Nelson was a member of the examining board. Mr. Harding began practice in Hume in May, 1845, and has always remained there. He is the oldest lawyer and has been longest in practice of any in the Allegany bar.
Benjamin C. Brundage was born in Vernon, Sussex county, September 27, 1820; read law with Reynolds & Brundage, Hornellsville, and was admit- ted to the bar in 1848; the next year settled in Andover where he resided and engaged in active practice. Has been justice of the peace and notary public. Mr. Brundage died December 9, 1895.
Amos G. Chase, son of Rev. John B. Chase, was born September 12, 1824, in Milo, Yates county. He attended the common schools at Whites- ville, studied law with A. G. Chatfield of Addison, was admitted to the bar at Angelica in June, 1845, and settled at Whitesville, where he practiced law. He was considered one of the best of counselors. He died March 24, 1877.
Hon. Morris S. Chase, born in 1822, was a son of Rev. John B. Chase, studied law with Hon. A. G. Chatfield of Addison and was admitted to the bar, but soon engaged in merchandising at Whitesville. (See Independ- ence.)
James M. Curtiss was born in Edmeston, N. Y., in December, 1825. He
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studied in Gilbertville Academy, and read law at Mt. Upton with Upton & Fenlo and in 1847 was admitted to the bar, and located at Deposit and prac- ticed law. In 1850 he located at Bolivar where he has since resided. He has been president of the State Bank of Bolivar. He has been engaged in dairying and farming. Mr. Curtiss ran for assembly and for district attor- ney. but his party being in the minority was defeated, running ahead of his ticket. He was one of the charter members of Macedonia Lodge, F. & A. M., No. 258, is member of Olean Chapter, also Knight Templar of the Com- mandery of Olean. Supervisor of Bolivar 12 or 15 terms. He married Huldah J., daughter of David C. Root.
Milo H. Wygant was a leading lawyer of the county for several years, was elected district attorney in 1859. Afterward he moved west.
Col. A. J. McNett was born Feb. 3, 1822, in Henderson, Jefferson county. He passed four years at Union Academy at Bellville, with the intention of entering Union College, but was prevented by ill health. In the fall of 1843 he entered the law office of Hon. Augustus Ford at Sacketts Harbor, and was admitted to the bar in 1847. In the winter of 1847-8 he removed to Buf- falo, and in partnership with Hon. Hiram Benton began the practice of la w. In Buffalo he served two terms as alderman and one as city attorney, and in the winter of 1858 represented the second district of the city in the legis- lature. In 1859 he removed to Belmont, and became a member of the Alle- gany bar. In September. 1861, he raised a company and entered the serv- ice as captain in the 93d New York infantry, serving through the Pennisular campaigns and with the Army of the Potomac till the fall of 1863, when he was promoted to the lieutenant colonelcy of the 141st infantry. He was com- missioned colonel Aug. 12, 1864. During the campaign against Atlanta, he was wounded three times, losing his right arm. He was brevetted brigadier gen- eral for distinguished service in battle. After the war closed he served in different positions in the regular army, at one time as acting judge advocate general of the department of Washington. He frequently said he was a lawyer by profession, a soldier by inclination, and a farmer from necessity. He died in Belmont in March. 1895.
Hon. Cyrenius P. Black, son of Allen D., and Lucinda (Wilber) Black, was born April 16. 1843, in Ward, then Alfred. Dougald Black, his paternal grandfather, born in Islay, Scotland. was half-brother of Alexander Black of Ward, and of pure Highland Scotch lineage. His paternal grandmother was Vila Livermore, of the noted Massachusetts family of that name, whose father served in the Revolution. Mrs. Lucinda Black was daghter of Zeph- aniah Jr., and Elizabeth (Tucker) Wilber who came early in the settlement of this county to Alfred from Rhode Island. Cyrenius passed his early years on his father's farm on Vandermark Creek with few advantages of school. He earned money however to attend Alfred University in 1862-3, then taught school several terms and was a clerk in Whitesville, Wellsville and Angelica. At Angelica he began to study law with Hon. Martin Grover, continued it with Hon. M. B. Champlain at Cuba until 1866, when he located in the new.
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county of Tuscola, Mich. The next winter he was admitted to the bar and has since been in extensive practice. He has been prosecuting attorney of Marquette county, law counsellor of the city of Marquette, twice a member of the Michigan legislature and for five years United States district attorney of the Eastern District of Michigan with offices at Detroit. After this last service he located at Lansing. where he devotes himself entirely to law, and is ranked among the leaders of his profession in Michigan.
J. W. Deuel was in Oramel a while about 1852 or 3. He had been in Gowanda previously. He was the middle member of the firm, Laning, Deuel and Laning, A. P. and R. B. Laning being the others. He afterward re- moved to Rochester where he was a judge of the municipal court, and when last heard from was living in Wemple near Albany.
Hon. William Folwell Jones began the practice of law at Wellsville in July, 1852, in the 26th year of his age. He was born in Middlesex, Yates county, Sept. 9, 1826, and was the third son of Samuel Jones, Esq., an enterprising and successful farmer, and an influential citizen of that place. His early life until 21 years old was passed at home upon the farm, where he was reared in habits of industry and economy. His opportunities for education during his minority were confined to three months each year in the district school until he was 17, and, after that, to three winter months each year in the village academy. On attaining his majority his endowment was $1,000, a sum which the father bestowed on each of his children at that interesting age. With this sum he decided to endow himself with a more liberal educa- tion with a view to some professional pursuit. In 1849 he entered the sec- ond term of the junior year and class at Union College, Schenectady, taking the full classical course, and was graduated therefrom in June, 1851, with the highest honor, being the valedictorian of his class. Soon after entering college he took a seat as law student in the office of Paige & Thompson at Schenectady and read elementary law in addition to his collegiate course. In the fall of 1851 he entered the first term of the Albany Law School, which was founded that year, where he remained until after his admission to the bar in March, 1852. In July following he came to Wellsville and entered upon his career as a lawyer. He soon won the best class of cli- entage and rapidly acquired a successful and lucrative practice, which he retained for 23 years and until failing health compelled rest and retire- ment. During this period he ranked among the successful lawyers of Allegany county. His practice was chiefly in the supreme court. His char- acteristics as a lawyer were:
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