USA > New York > Ontario County > A history of Ontario County, New York and its people, Volume I > Part 16
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Ontario county, during the fifty years period which we have Deen considering, has been represented in the National Congress as follows: In association with Seneca and Yates, constituting the Twenty-sixth district, 1861-62. by Jacob P. Chamberlain, R., of Seneca. With Livingston and Yates, constituting the Twenty-fifth district, from 1863 to 1867, by Daniei Morris, R., of Yates county ; 1867-71, by William H. Kelsey. R., of Livingston county ; and. 1871-75, by William H. Lamport, R., of Ontario county. With the same counties, in the Twenty-seventh district, from 1875 to 1881, by Elbridge G. Lapham, R., of Ontario county, and from 1881 to 1885, by James W. Wadsworth, R., of Livingston county. With Steuben and Yates counties, in the Twenty-ninth district. 1885-89, by Ira Davenport, R., of Steuben county, and 1889-93, by John Raines. R., of Ontario county. With Cayuga, Cortland. Wayne, and Yates counties, in the Twenty-eighth district, from 1893 to 1901 ; and with Cayuga, Wayne, and Yates, in the Thirty-first district, from 1902 to 1912, by Sereno E. Payne, R., of Cayuga county.
In the State Senate, the county has been represented as follows: In association with Seneca and Yates, in the Twenty- sixth district, 1862-69, by Charles J. Folger, R., of Ontario county : 1870-71, by A. V. Harpending, R., of Yates county: 1872-75, by William Johnson, D., of Seneca county; 1876-77, by Stephen H.
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HISTORY OF ONTARIO COUNTY.
Hammond, D., of Ontario county ; 1878-79, by Edwin Hicks, R., of Ontario county. With Schuyler, Wayne and Yates, in the Twenty- eighth district, 1880-83, by George P. Lord, R., of Yates county ; 1884-85, by Thomas Robinson, R., of Wayne county ; 1886-89, by John Raines, R., of Ontario county ; 1890-94, by Charles T. Saxton, R., of Wayne county. With Wayne county only, in the Forty- second district, from 1895 to 1909, and with Wayne and Yates counties, in the Forty-second district, from 1908 to 1909, by John Raines, R., of Ontario county ; and in the same district, 1910-12, by Frederick W. Griffith, R., of Wayne county.
Ontario county had two representatives in the State Assembly until 1880, but since that date it has been only entitled to one. The list during the fifty year period from 1860 has been as follows : First or Eastern district : 1861, Perez H. Field, R., of Geneva ; 1862. David Pickett, R., of Gorham ; 1863 and 1864, Perez H. Field, R., of Geneva ; 1865, Volney Edgerton, R., of Manchester ; 1866 and 1867, Hiram Schutt, R., of Manchester ; 1868, 1869, and 1870, Henry Ray, R., of Phelps: 1871, George W. Nicholas, D., of Geneva; 1872 and 1873, Ambrose L. VanDusen, R., of Phelps: 1874 and 1875, Stephen H. Hammond, D., of Geneva: 1876, Seth Stanley, D., of Seneca: 1877, Dwight B. Backenstose, R., of Geneva; 1878, David Cosad, Jr., D., of Phelps; 1879, John Robson, R., of Gorham. Second or Western district: 1861, Stephen H. Ainsworth, R., of West Bloomfield : 1862, Francis O. Mason, Fusion, of Bristol; 1863 and 1864, Lanson Dewey, R., of Victor; 1865 and 1866, Edward Brunson, R., of East Bloomfield ; 1867 and 1868, Samuel H. Torrey, R., of Naples: 1869, George Cook, R., of Canandaigua ; 1870-71, David E. Wilson, R., of Bristol; 1872-75, Cyrillo S. Lincoln, R., of Naples : 1876, Hiram Maxfield, D., of Naples; 1877-78, Amasa T. Winch, R., of Canadice : 1879, Charles R. Case, R., of West Bloom- field. Representing the whole county : 1880, Charles R. Case, R., of West Bloomfield ; 1881-82, John Raines, R., of Canandaigua : 1883- 84, Frank Rice, D., of Canandaigua ; 1885, John Raines, R., of Can- andaigua; 1886-87, Edward P. Babcock, R., of Naples; 1888-89, Robert Moody, R., of Halls Corners ; 1890, Sanford W. Abbey, D., of Richmond; 1891-92, Frank O. Chamberlain, R., of Canandaigua ; 1893-94, William L. Parkhurst, R., of Clifton Springs; 1895, Walter A. Clark, R., of Geneva: 1896, Charles A. Steele, R., of Geneva ; 1897, Murray Benham, R., of Hopewell Center; 1898, Robert B. Simmons, R., of Allen's Hill; 1899-1907, Jean L. Burnett, R., of
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THE LAST HALF CENTURY.
Canandaigua ; 1908-09, George B. Hemenway, R., of Naples; 1910, Sanford W. Abbey, D., of Canandaigua; 1911, Thomas B. Wilson, R., of Seneca.
The County Clerks, with date of their election, have been as
follows : Jefferson Whitney,
Fusion, of Hopewell, 1861; Nathan J. Milliken, R., of Canan- daigua, 1864; Frederick W. Prince, R., of Geneva, 1867 ; Wal- ter Marks, R., of Hopewell, 1870: Washington L. Hicks, R., of Bris- tol, 1873; Myron S. Hall, R., of West Bloomfield, 1876; William G. Dove, R., of Geneva, 1879; Bolivar Ellis, D., of Victor, 1882; Martin H. Smith, R., of Geneva, 1885; William R. Marks, R., of Naples, 1888; Deroy J. Harkness, R., of Gorham, 1891 ; Frederick R. Hoag, R., of Phelps, 1894-97 : Porter F. Leech, R., of West Bloomfield, 1900 and 1903; J. Morgan Stoddard, R., of Shorts- ville, 1905 and 1909.
The Sheriffs, with date of their election, have been as fol- lows: Harlow Munson, Fusion, CYRILLO S. LINCOLN. Cyrillo S. Lincoln was born in South Bristol, Ontario county, July 18, 1830; of East Bloomfield, 1861; John graduated from Union college with, honors in 1858; successful as a farmer, lawyer, and legislator; voted for Fremont in 1856 and became prominently identified with the Republican party ; represented the Second district of Ontario county in the Assembly for four terms beginning in 1872. Died at Naples, August 17, 1900. Whitwell, R., of Geneva, 1864: William W. Clarke, R., of Naples, 1867 ; Darwin Cheney, R., of Can- andaigua, 1870; Nathaniel R. Boswell, D., of Canandaigua, 1873; David V. Benham, R., of Man- chester, 1876; Orin S. Bacon, R., of Victor, 1879; Hiram Peck, D. of Phelps, 1882; Robert H. Wheeler, R., of East Bloomfield, 1885 : Irving Corwin, R., of Phelps, 1888; Avery Ingraham, R., of South Bristol, 1891; William B. Osborne, R., of Victor, 1894: George .. Peel, R., of Geneva, 1897; William C. Edmonston, R., of Phelps, 1900; Francis Flynn, R., of Geneva, 1903; George L. Van Voorhis, R., of Victor, 1906; Elias J. Gooding, R., of Bristol, 1909.
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HISTORY OF ONTARIO COUNTY.
The County Judges, with date of their election, have been as follows: George B. Dusenberre, R., of Geneva, 1860-64; William H. Smith, R., of Canandaigua, 1869; Francis O. Mason, R., of Geneva, 1872: William H. Smith, R., of Canandaigua, 1878; Frank Rice, D., of Canandaigua, 1884 ; J. Henry Metcalf, D., of Canan- daigua, 1890; Walter H. Knapp, R., of Canandaigua, 1896 and 1902 ; Robert F. Thompson, R., of Can- andaigua, 1908.
FRANCIS O. MASON.
Francis O. Mason was born in the town of Bristol, Ontario county, May 12, 1832; became a prominent member of the bar ; Member of Assembly, 1862; Assistant Adjut- ant General of the State during the closing years of the Civil War, at the close of which he engaged in the practice of his profession at Geneva; County Judge, 1873-78; delegate to National Republican Convention of 1880 and one of the 306 who voted for Grant; sup- ported Grover Cleveland for President in the campaign of 1884, and was thereafter allied with the Democratic party ; died at Geneva, July 25, 1900.
The Surrogates, with date of their election, have been as fol- lows: Elihu M. Morse, R., of Can- andaigua, 1861; Isaac R. Parcell, R., of Canandaigua, 1869; Charles A. Richardson, R., of Canandai- gua, 1873; Edward P. Babcock, R., of Naples, 1879; David G. Lapham, R., of Canandaigua, 1885 : Oliver C. Armstrong, R., of Canadice, 1891 ; John Colmey, D., of Canandaigua, appointed vice Armstrong, deceased, 1892; David G. Lapham, R., of Canandaigua, 1892: George F. Ditmars, R., of Geneva. 1898 and 1904; Harry I. Dunton, R., of Canandaigua, 1910.
The District Attorneys, with date of their election, have been as follows: William H. Smith, R .. of Canandaigua, 1860; Edwin Hicks, R., of Canandaigua, 1863, 1866, 1869, and 1872; Frank Rice, D., of Canandaigua, 1875; Oliver C. Armstrong, R., of Canadice, 1881 and 1884; Maynard N. Clement, R., of Canandaigua, 1887 and 1890; Royal R. Scott, R., of Canandaigua, 1893 and 1896; Robert F. Thompson, R., of Canandaigua, 1899 and 1902; Myron D. Short, R., of Geneva, 1905 and 1908.
The County Treasurers, with date of their election, have been as follows: Spencer Gooding, R., of Canandaigua, 1861; Charles
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THE LAST HALF CENTURY.
A. Richardson, R., of Canandaigua, 1864 and 1867; George N. Williams, R., of Canandaigua, 1870 and 1873; Harrison B. Fergu- son, R., of Canandaigua, 1876 and 1879; Ira B. Howe, D., of Canan- daigua, 1882; E. Chapin Church, R., of Canandaigua, 1885 and 1888; Jesse B. Coutant, R., of Geneva, 1891 ; George N. Parmele, R., of Canandaigua, 1894, 1897, and 1900; Heber E. Wheeler, R., of East Bloomfield, 1903 and 1906; Peter R. Cole, R., of Geneva, 1909.
The Superintendents of the Poor, with date of their election, have been as follows: Simeon R. Wheeler. R., of East Bloomfield, 1860, '63, '66, '69, '72, and '78; Daniel Arnold, R., of Farmington. 1860; Ambrose L. Van Dusen, R., of Phelps, 1861, '64, '67, and '70; Luman P. Miller, R., of Victor, 1863, '66, and '68; John H. Ben- ham, R., of Hopewell, 1871, '74, and '77; Warren B. Whitter, R., of Gorham, 1873, '76 and '79; Charles E. Shepard, D., of Canan- daigua, 1875; Lemuel Herendeen, R., of Geneva, 1880, '83, '86, and '89; John P. Frazer, R., of Victor, 1881 and '84; Clinton Wat- kins, D., of Hopewell, 1882; James B. Gardner, R., of Hopewell, 1885 and '88: Daniel Short, R., of Richmond, 1887: Elkanah Andrews, R., of Bristol, 1889 and '90; Levi A. Page, R., of Seneca, 1891, '94, '97, and 1900; Ralph S. Wisner, R., of Victor, 1903 and '06; Fred W. Hollis, R., of Hopewell, 1909.
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HISTORY OF ONTARIO COUNTY.
XIX
THE ONTARIO COUNTY COURTS.
Their Organization-First Sessions Held at Patterson's Tavern in Geneva and at Sanborn's Tavern in Canandaigua-Anecdotes of Judges, Lawyers and Jurors-The Morgan Abduction- Fugitive Slave Law Case-Conviction of Susan B. Anthony- Other Celebrated Civil and Criminal Trials.
BY MAJOR CHARLES A. RICHARDSON.
The county of Ontario was organized out of the county of Montgomery, by act of the Legislature passed the 27th of February, 1789, whereby it was enacted, "That all that part of the County of Montgomery which lies to the westward of a line drawn due north to Lake Ontario from the mile-stone or monument marked 82; and standing on the line of division between this State and the Common- wealth of Pennsylvania, shall be one separate and distinct county and called and known by the name of Ontario."
The third section of the act provided that, until other legislation should be had in the premises, it "shall be lawful for the Justices of the Court of Sessions for the said County of Ontario to divide the said county into two or more districts, as they shall deem expedient and convenient to the inhabitants."
Under the provisions of this act, the districts of Bristol, Bloom- field, Canandaigua, Farmington, Gorham, and Middletown (Naples), were established, each containing more territory than the present towns so named. The following county officials were appointed : Oliver Phelps, judge of the Common Pleas ; John Cooper, surrogate ; Nathaniel Gorham, county clerk; and, the following year (1790), Judah Colt, sheriff. Judge Phelps was so wholly absorbed in the business connected with the settlement and sales of land in the new county that no courts were held by him.
The first term of Oyer and Terminer and general gaol delivery
THE ONTARIO COUNTY COURTS. . 179
was held at Patterson's tavern, in Geneva, on Tuesday, the 18th of June. 1793. Present : Hon. John Storrs Hobart, one of the Justices of the Supreme Court of Judicature of the State of New York. Ebenezer Lindley and Timothy Hosmer were Associate Justices at this court. Othniel Taylor was appointed foreman of the grand jury, but there being no business for that body it was discharged the next day. No jury trial was had at this term.
The next court held in the county was the court of Common Pleas and General Sessions, held at Canandaigua, in November, 1794, by Judge Timothy Hosmer, a physician, father of George Hos- mer, afterwards a distinguished lawyer of Livingston county, and grandfather of the "Bard of Avon." This term was held at the tavern of Nathaniel Sanborn. situated on the west side of Main street, where the Atwater block was later erected. The principal business was the organization of the court. The Associate Justices were Charles Williamson and Enos Boughton. The lawyers present were Vincent Matthews, VINCENT MATTHEWS. James Wadsworth, John Wick- Vincent Matthews, associated with Thomas Morris. Peter B. Porter, and Nathaniel W. Howell in the practice of law at the first terms of court held in Ontario county, in 1794 and 1795, was born in Orange county. He represented the Western district in the State Senate from 1797 to 1803, and in 1826 was elected to the lower house of the Leg- islature from Monroe county, having in the meantime become a resident of Rochester. Was District Attorney of Monroe county in 1831, and died at his home in Rochester in 1846. ham, and Thomas Morris. Sever- al causes were on the calendar, but no jury cases were tried. Silas Marsh was admitted to practice in this court on production of a license from the Supreme court. Peter B. Porter and Nathaniel W. Howell were also admitted to practice in this court, they having previously been admitted to prac- tice in the Supreme court.
The next term of Common Pleas was held in June, 1795. At this term, the first jury trial west of Herkimer county took place, that of the People vs. Luther Haskins; indictment for stealing a
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HISTORY OF ONTARIO COUNTY.
bell (said to have been a cow-bell). The culprit was defended by Vincent Matthews and Peter B. Porter. The prosecution was con- ducted by Nathaniel W. Howell. The accused was acquitted.
It may not be amiss to make a digression here to show the character of the judge who presided at the first jury trial in Ontario county. Judge Hosmer, or Doctor Hosmer, as he may be called with equal propriety, was not bred to the bar, but his good sense and general information well qualified him for his judicial position in what was then the wilds of Western New York, and his decisions were always respected by the bar and the public.
The following case illustrates his character and sense of jus- tice. During one of the terms of his court, a woman was on trial under an indictment for assault and battery upon a man by the name of Scrope. The man had intruded himself into the kitchen of the woman and grossly insulted her. Seizing an old splint broom. which was usually a hickory club with splints at one end, she drove him from the house, inflicting severe blows on his head with con- siderable injury. The District Attorney proved the assault and battery, and the injury resulting from it, and rested. Her counsel, taking the same view of the case, made little effort in her behalf. Judge Hosmer, refined and chivalrous, believed the woman was fully justified, and charged the jury substantially as follows :
"Gentlemen of the jury, the evidence in this case clearly shows that an assault and battery has been committed upon this man, and unless there is some justification for the assault, you must convict the defendant.
"But, gentlemen, there are, in my view, extenuating circum- stances in the case which you must take into consideration, among which are the sex of the defendant, the place where the assault was committed, and the circumstances which led to the assault.
"Gentlemen, bear in mind that the kitchen is a woman's empire, the broom-stick the legalized and therefore her legitimate weapon, her honor the corner-stone of society, nay, its superstructure. The wretch who invades her empire and there wantonly insults her should never complain if quick, heavy, repeated blows, given with her proper weapon, should in fury descend upon his head. If he escapes with his life, he should make no other demonstration than thanking God for it.
"But when he goes further, as in this case, and asks redress from a jury, if there is a juror in the box who has a wife, mother,
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THE ONTARIO COUNTY COURTS.
daughter, or other female friend, who cannot see in the provocation a justification of this act, and of the whole act, his name ought to be stricken from the jury roll forever. Go out, gentlemen, and return with such a verdict as will not, when you go to your homes, bring upon you the condemnation of every virtuous woman."
This charge, though not in accord with legal rules, rendered the Judge very popular, especially with the ladies.
Judge Hosmer's son, George, studied law in the office of Hon. Nathaniel W. Howell, was admitted to the bar, and commenced the practice of law in Canandaigua. He tried his first cause before his father, who, during the trial, sometimes forgot the newly acquired dignity of the young barrister and would say, "George, you are wrong." "George, see here! You misapprehend the point." And if the young lawyer became persistent, the Judge would say, "George, sit down!"
George Hosmer became distinguished as a lawyer, and was engaged in many noted trials in the courts of Western New York. He was noted for his earnestness and eloquence in defending the persons charged with the abduction of Morgan, and the editor of the "Craftsman," a Masonic journal, indicted for libel.
At the February term, 1795, a rule was made requiring lawyers residing out of the county to have agents within the county on whom papers could be served, and providing that, in default thereof, papers to be served on them could be left at the Clerk's office, and the service would be good.
The second term of the court of Oyer and Terminer held in the county was held in the court house at Canandaigua, September 1. 1795-the court house having been erected in 1794-Hon. John Lansing, Jr., one of the Judges of the Supreme court, presiding.
A term of the court of Common Pleas was held on the first Tuesday in June, 1796, and the first jury trial held in the Common Pleas. The defendant not appearing, the plaintiff proceeded to prove his case.
The next term of the court was held at the court house in Canandaigua, on the 6th of June, 1797. Present: Hon. Egbert Benson, one of the Judges of the Supreme court. At this term the first trial in the Oyer and Terminer in this county was had: The People vs. John Nelson; indictment for forgery; William Stuart, Assistant Attorney General, for the prosecution. The jury rendered a verdict of "not guilty." At this term a fine of $5 was imposed on
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HISTORY OF ONTARIO COUNTY.
Epenetus Hart, of Seneca, gentleman, and William Moons, of Bloomfield, yeoman, for not attending as grand jurors. On Friday, June 19, 1798, the court of Common Pleas fixed the jail limits.
The fourth term of the court of Oyer and Terminer was held at the court house, June 19, 1798, Hon. James Kent, one of the Justice of the Supreme court, presiding. The Associate Justices were Timothy Hosmer, Moses Atwater, and William A. Williamson. Two indictments were found. One of the prisoners was tried and found not guilty. William Stuart acted as Assistant Attorney General.
The fifth term was held June 18, 1799, Hon. Jacob Radcliff, Justice Supreme court, presiding. Augustus Porter was foreman and Nathaniel W. Howell, Assistant Attorney General, he having been appointed February 9, 1797.
Nothing of special interest occurred at the sixth and seventh terms of the court.
At the term of the court of Common Pleas, held on the 7th of June, 1799, a license was granted to Polly Benny, to erect and keep a ferry across the Genesee river at the town of Hartford, on the State road from Canandaigua to Niagara, for one year. The fees from April 1st to December 1st were fixed as follows: For every man and horse, 61/4c .; for every footman, 3c .; for every wagon, cart, sleigh, with one span of horses or one yoke of cattle, 25c .; for other horses and horned cattle, 3c .; for sheep or swine, 1c. From the 1st of December to the 1st of April. double these rates.
At this term of the court, the Clerk was ordered thereafter to prepare a calendar of the cases.
At the eighth term of the court of Oyer and Terminer, held June 15, 1802, Hon. James Kent, Justice, presiding; Timothy Hosmer and Moses Atwater, Associate Justices; William Stuart, District Attorney. In the People vs. William Stuart; indictment for neglect of duty in the office of Assistant Attorney General. The defendant, being arraigned, pleaded not guilty. He then "produced and read a writ of certiorari for removing the proceedings in this cause to the Supreme court. Allowed by his Honor, Judge Kent. Thereupon, ordered, that the said certiorari be received, and that the indictment and other proceedings be accordingly certified to the Supreme court."
The ninth term was held February 21, 1803, Hon. Brockholst
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THE ONTARIO COUNTY COURTS.
Livingston, Justice, presiding ; Associate Justices, Timothy Hosmer and Moses Atwater, Judges of the court of Common Pleas.
On the next day the grand jury presented the following indict- ment : The People vs. George, a Seneca Indian, otherwise called "Stiff-armed George;" for the murder of John Hewitt, of North- ampton, Ontario county. The indictment charges that the said George, a Seneca Indian, otherwise called "Stiff-armed George," "not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 25th day of July, in the year of our Lord one thousand eight hundred and two, with force and arms, at the town aforesaid, in the county aforesaid, in and upon one John Hewitt, in the Peace of God and of the People of the State of New York, then and there being feloniously, wilfully. and of his malice aforethought, did make an assault, and that he with a certain knife, which in his right hand he then and there held, the said John Hewitt, in and upon the right side of the heart of him, the said John Hewitt, then and there feloniously, wilfully, and of malice aforethought, did strike and thrust, giving to the said John Hewitt then and there with the knife aforesaid, in and upon the right side of the breast of him, the said John Hewitt, one mortal wound of the breadth of two inches and of the depth of six inches, of which said mortal wound the said John Hewitt from the hour of seven o'clock of the said 25th day of July aforesaid until the hour of seven o'clock and two minutes of the same day did languish, and languishing did live, on which said 25th day of July and at the day last mentioned * the said John Hewitt of the said mortal wound died, and so the jurors aforesaid upon their oaths aforesaid do say that the said George, otherwise called Stiff-armed George, the said John Hewitt in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder against the peace of the People of the State of New York and their dignity."
On the following day, February 23. the prisoner being arraigned, and William John being sworn to interpret the indictment truly to the prisoner in the Indian language, which was accordingly done, pleaded "not guilty." On motion of Mr. Stuart, District Attorney, it was ordered that the Sheriff return the venire and that the prisoner be brought to trial, whereupon, the prisoner being assisted by counsel, the jurors were called and sworn. Witnesses sworn for prosecution : Horatio Jones, Joseph Palmer, William Ward, John
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HISTORY OF ONTARIO COUNTY.
Palmer, Vincent Grant. The jury, after being charged by his Honor, Judge Livingston, and having retired a short time under the charge of a sworn constable, returned into court and said that the prisoner was guilty of the felony whereof he was charged.
The defendant was remanded to prison, and afterwards being brought into court and called upon to show cause, if any, why judg- ment should not be passed upon him, and having nothing to show against it, the Court thereupon gave judgment that the said George, a Seneca Indian, otherwise called Stiff-armed George, be taken from hence to the place whence he last came, and that he be hanged by the neck by the Sheriff of the county of Ontario, on Friday, the fifteenth day of April next, between the hours of one and three in the afternoon of that day, until he be dead. It has been said that as a matter of policy the Governor pardoned him.
In 1805, Augustus Porter was indicted and found guilty of a nuisance in maintaining a dam over the outlet. In 1806, Samuel Dungan was indicted for murder and a nolle prosequi was entered. In 1807, Nelson, a negro slave, was indicted for murder and con- victed of manslaughter. In 1813, John Decker was indicted for murder and convicted of manslaughter, and sentenced to four years in Auburn prison.
In 1814, at the May term, Nathaniel W. Howell being the prose- cuting attorney, Sanford Williams was indicted for challenging to fight a duel; and a woman named Cassa Waters was indicted for murder, and in June convicted and sentenced to be executed on the fourth day of November then next, and at the September term of the same year, this verdict was set aside for some irregularity on the part of the jury during their deliberations and a new trial ordered. The prisoner was again convicted and sentenced to be hung in February following.
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