USA > New York > Steuben County > A history of Steuben County, New York, and its people, Vol. I > Part 24
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About the year 1880, while Hon. Guy H. MeMaster of Bath was surrogate, he was convinced that public convenience and neces- sity required that terms of the Steuben county surrogate's court should be held at other places than at the office of the surrogate, as required by law, at such times and places as he might after due consideration determine and appoint. Accordingly he made an order and duly determined that hearings before and in that court might be held once in each month, except the month of August, in each year, at the villages of Corning, Addison and Hornellsville, so that all persons interested were commanded and compelled to attend such hearings, sittings and proceedings in this court, wherever held, without reference to their domicile. This action by the surrogate's court broke the ice of fancied superiority, egotism and selfish illiber- ality prevailing in the ancient and aristocratic shire town, and in the remote and outlying towns. This was a powerful factor in bringing the people of the entire county together, to enable them to touch elhows with each other and get acquainted; to learn the advantages and disadvantages of each locality, and the intelligence and energies of the entire population. All are broadened by the contact. Some one has said "an intelligent mixer makes a good and useful citizen." 1
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THIRD COURT HOUSE AT HORNELL.
In the legislature of 1902 Steuben county was ably represented. Hon. Franklin D. Sherwood, of Hornellsville, represented this coun- ty as senator from the Forty-third district, and Hon. Frank C. Platt, of Erwin, and Hon. Gordon M. Patchin, of Wayland, were members of the lower house. An act authorizing county courts of Steuben county to be held in the city of Hornellsville became a law, as Chapter 119 of the last named year. Little if any opposition was manifested against the bill. The old notions, prejudices and jeal- ousies had passed away, or become modified by the experiences and
Court House, Hornell.
intelligence of the passing score of years. Further, the ability, sagacity and influence of the representatives of the county in the assembly and senate constituted a surety for its accomplishment. As stated, it became the law. Thereupon, it was incumbent upon the supreme court justices to hold at least one trial term of their court each year in the city of Hornellsville. This occurred in each of the next following two years, when the judges declared that the accommodations furnished by Hornellsville were still incompatible with the needs, desires and comforts of the court, and for that reason no terms would be held there until more commodious and comfortable quarters were provided. Exigencies have existed, in places where terms of the supreme court were required to be held,
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so that its judicial proceedings were conducted in public dancing halls, vacant stores and barns. Prejudice against this former lum- ber camp and now railroad town still existed. It resulted in im- provement. For a number of years there had existed in Hornells- ville a comatose organization called a "board of trade." This body was reorganized; new members joined; its name was changed to "The Chamber of Commerce of the City of Hornell, New York;" active and wide-awake officers were elected; ways and means were devised for improving the condition of the city and its organic law was amended and re-enacted. The subject of building a court house in the city was taken up, a suitable site was tentatively se- lected and the purchase price ascertained. The board of super- visors was asked to build a court house and procure a site therefor, but the fear of additional expense and higher taxes, as usual, was the ogre, hobgoblin and frightful object of their opposition. The Chamber of Commerce then proposed to purchase and deed to the county a suitable site for a court house, to be approved by a com- mittee from the board of supervisors. Such site was selected; approved by the committee and ratified by the board of supervisors; paid for by the Chamber of Commerce, from subscriptions of the citizens of the city of Hornell and town of Hornellsville, at a cost of seven thousand dollars, and deeded to the county of Steuben. The board of supervisors thereupon resolved to build a court house in Hornell, at a cost of thirty thousand dollars, and issued county bonds for that purpose. Certain citizens of the city, by a bond, protected the county against further cost. The contract was then made for the building; an energetic building committee was ap- pointed by the board of supervisors ; the court house was completed within the amount appropriated, resulting in a modern, comfortable, convenient and handsome structure. It is on the westerly side of Union street, facing Union park on the east and immediately oppo- site. It is in the center of the city, and has for its neighbors the high school building and the Park Methodist Episcopal church.
While proceedings were pending in the board of supervisors re- specting the resolution to build this court house and to issue the bonds of the county therefor, certain persons who were unfriendly to this project attempted as taxpayers to impair and delay the mat- ter, and sought the aid of the supreme court for that purpose. The question of the power of the board of supervisors of the county to build such court house and issue bonds therefor was submitted di- rectly to the appellate division of the supreme court, in the fourth department, which in all things affirmed the action of the super- visors and judgment and decree of the court, establishing the regu- larity and legality of the proceedings and the validity of the court house county bonds. This judicial decree cleared the situation.
The first term of the county court in this new court house was held on the eleventh day of October, 1909, by Hon. Almon W. Bur- rell, Steuben county judge. The first term of the supreme court held therein was on the fourth day of January, 1909, by Hon. Wil- liam W. Clark, and at which a grand and trial jury attended. The next term of the supreme court in this court house was held by Hon. Samuel N. Sawyer, with a grand and petit jury; commenced September 6, 1910, and occupied the entire month thereafter.
This last court house would never have been built except for
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the united action of the Hornell Chamber of Commerce. The prin- cipal credit is due to Mr. John M. Finch, who was then its efficient and intelligent president. His long residence in Hornellsville; his ability and intimate connection with many improvements here, and his large property interests, combined to make him the man for the place.
Through the efforts of the same organization and its deter- mined president, the legislature of 1906 enacted Chapter 288 of that year. Batrachian in character and appearance, the city of Hornells- ville absorbed its caudal appendage and tadpole nature; developed active and healthy limbs, and leaped into a vigorous and active city of its class as the city of Hornell, much to the disgust and annoy- ance of the mossbackers.
CHAPTER IX. COURTS AND LAWYERS.
DUTCH AND ENGLISH COURTS-UNDER THE STATE CONSTITUTIONS- THE COUNTY'S FIRST COURT OF RECORDS-UNEXPECTED, SUR- PRISING AND POPULAR-SURROGATES AND COUNTY JUDGES- PAST AND PRESENT PRACTITIONERS.
The Dutch colony of New York, the germ of the present state, was founded, organized and nourished by a commercial corporation of Holland called the West India Company, and had granted to it, by the states general, an exclusive charter or patent to found col- onies and carry on trade, navigation and commerce upon the coast of Africa, North America and the West Indies. For these purposes it was invested, among other things, with the most comprehensive powers. It was exclusively intrusted with the administration of justice in the colonies it should found and establish, having the right to appoint governors, officers of justice and others; to main- tain order and police and generally, in the language of its charter, to "do all that the service of those countries might require." The government of this gigantic corporation was intrusted to nineteen delegates, representing conjointly the city of Amsterdam in Hol- land and the states general, and which was known by the appella- tion of the College of Nineteen. A corporation endowed with such powers and privileges would at the present day create intense alarm, hostile opposition and perhaps peril the existence of the civil law. Yet, under its provisions and vested powers, the city and state of New York owes its population, wealth and political importance. The independence of the liberty-loving Dutchmen was cultivated by it and so notoriously made manifest in the decisive struggle by the people for their liberties; through all the changes of time, conflict and conquest its objects remain unimpaired.
DUTCH AND ENGLISH COURTS.
The colony of New Netherlands was formerly organized by Maye, the first director or governor appointed for it by the Amster- dam College, and a settlement was established at Manhattan, one of the boroughs of the present city of New York, in 1623. During the administration of Mave and of his immediate successor, the number of the colonists was so small that they were busy in settling their homes and providing for their immediate wants. There could be little or no need for organizing a judicial tribunal, and no record of such can now be found.
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In 1626 Minuet came out as governor. He had to assist him a council of five, who, with himself, were invested with all legislative, judicial and executive powers, subject to the supervision and appel- late jurisdiction of the chamber at Amsterdam. There was also attached to this body an officer, well known in Holland by the title of the "schout fiscal," who united the duties of an attorney general and the executive duties of a sheriff. To these offices the adminis- tration of justice was committed and substantially so remained, until Peter Stuyvesant came as governor in 1647. Similar courts were established by Governor Stuyvesant on Long Island, at Brooklyn, Flatbush, Flatlands, Bushwick, New Utrecht and Jamaica, and also at Albany and at Rensellervyck. The findings and judgments of these courts were subject to review by the College at Amsterdam. The Dutch law then prevailing, adhered to the general policy of the civil law in respect to extorting confessions from offenders and mak- ing use of the third degree, and all of those inquisitorial aids and appliances, which have cast such a blemish upon the jurisprudence of Europe, and in a less degree of this state. This situation pre- vailed until Stuyvesant surrendered the colony to the English on September 6, 1664. By the terms of the capitulation the courts were continued and their proceedings and judgments respected. So judiciously and harmoniously were the terms of surrender respected that within a week the administration of justice was proceeded with as before, except that the name of the province was changed to New York and James, Duke of York, was recognized as proprietor. The following year Clarendon, lord chancellor, at the request of the Duke of York, prepared a code of laws, known as "the Duke's laws," but they were never fully in force in New York, and after nine years from Stuyvesant's capitulation (namely, on August 9, 1673) the colony was retaken by the Dutch, and thereupon Dutch laws, customs and courts were reestablished. This situation prevailed but little more than a year. By the treaty at London, signed the 31st day of October, 1674, the province of New Netherlands was formally sur- rendered to James, Duke of York, and again became New York. At the close of 1688 William, Prince of Orange, landed in England, James abandoned his throne, and the government of William and Mary was established. In 1691 Sloughter was appointed governor of the province of New York and was authorized to convene a rep- resentative assembly composed of delegates from the city of New York and each county of the province. This convention met in 1691 and passed an act for the general judicial reorganization of the province. This act changed the town courts to courts of justices of the peace; created a court of common pleas for each county, except the county of New York (to be held by a judge commissioned by the governor), and a court of general sessions of the peace for each county, to be held by the first judge of the court of common pleas, at which grand and petit juries were required to attend and which had jurisdiction over all criminal actions. The common pleas had original jurisdiction over all civil actions. Its terms began the day after the sitting of the general sessions, and the terms of both courts were limited to two days each. The most important feature of this act was the creation of the supreme court of juricature, as it existed until the adoption of the state constitution of 1846. It was com- posed of a chief justice and four associate justices and was to be
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held in the city of New York. By this act the court of over and terminer, as it had theretofore existed, was abolished; but in con- formity to the courts at Westminster its name was retained to desig- nate the criminal jurisdiction and circuit of the supreme court. The provision for a court of chancery, as provided by the act of 1683, was retained.
UNDER THE STATE CONSTITUTIONS.
This arrangement and organization of the courts prevailed throughout the Colonial period. Confusion and disorder prevailed in all the records and proceedings of the courts from the opening of the Revolutionary period until the adoption of the federal con- stitution. The first state constitution, adopted in 1777, and all of the subsequent state constitutions down to that of 1846, substantially continued the courts and their jurisdictions.
By the constitution of 1896 radical changes were made in the judiciary of the state. The court of appeals was created, with power to review the orders and judgments of all inferior tribunals. The supreme court was reorganized. The state was divided into eight judicial districts, with four justices of that court in each, except in the first district. The court of common pleas was abolished, except in the city and county of New York, and a county court was created in its place. Courts of sessions were to be held by the county judge and two justices of sessions, who were chosen by the electors from the body of the justices of the peace of the county. Courts of oyer and terminer consisted of a justice of the supreme court, associated with the county judge, and two justices of the sessions, except in the city and county of New York. The greatest innovation of the 1846 constitution was the choice of all judicial officers by the elec- tors ; before that they were appointed by the governor or council of appointments. The present constitution, adopted in 1894, is mostly a continuation of the one immediately preceding, except the oyer and terminer and sessions are abolished.
The matter so far presented in this chapter is for the purpose of placing before the reader a brief review of the origin, organiza- tion and methods of the courts of this state, and particularly of this county, from the date of the existence of each. The courts are more closely connected with the welfare, prosperity and happiness of the people than any other branch of the civil government.
The courts of justices of the peace have undergone too many modifications and changes since the constitution of 1777 to be no- ticed in detail. In this county, as well as in all other of the rural counties of the state, these courts were those of the common people, where all rights were recognized and protected. Through them all grievances and wrongs were redressed or punished; these justices came direct from the people, generally not learned in the law, but possessed of a fair share of good judgment, matured in the school of experience and fostered by puritanic, integrity and Dutch fru- gality. Their decisions, always subject to review at the bar of pub- lic opinion, were freely criticised, approved or condemned. The jus- tices' courts constituted the great tribunal of a free people, before which they appeared without fear of contempt proceedings. The men who conducted trials in these courts for the parties litigating were usually of good judgment, quick of perception and well in- formed; and through these proccedings were laid the foundation for
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the success and eminence of many, if not all, of the leaders of the bar in this or any of the states of the Union. No law-school experi- ence, or most court practice, could better equip for future activities.
The second constitutional convention framed the instrument adopted in 1801, by which Steuben county was placed in the eighth judicial circuit. Hon. William B. Rochester, circuit judge, presided over the first court of oyer and terminer held in this county. This, however, was not the first court of record held in the county, as will hereafter appear. Steuben county remained in the eighth circuit until April 18, 1826, when it was transferred and annexed to the Sixth circuit, and so remained until the constitution of 1846, when the judicial divisions of the state were again changed. Samuel Nel -. son, Robert Morrell and Hiram Gray were circuit judges during that time. By the constitution of 1846 Steuben county was placed in the Seventh judicial district, and by the constitution of 1894 in the fourth judicial department, wherein it still remains.
The judges of the supreme court who resided in and were elect- ed from Steuben county are Thomas A. Johnson, David Rumsey, George B. Bradley, William Rumsey, John F. Parkhurst and Will- iam W. Clark. Judge Bradley, by resignation of the governor, and Judge Johnson, by the provision of the constitution, had been mem- bers of the court of appeals. Each of these and both of the Rumseys had been members of the appellate divisions of the supreme court of the state. During Judge Johnson's service the general term was the appellate court. The justices of the sessions were eliminated from the court of oyer and terminer, by chapter 360 of the laws of 1882, and from the judicial machinery of the state by the con- stitution of 1894, which abolished the court of sessions.
Charles Williamson was appointed the first judge of the court of common pleas, and the court of general sessions of the county of Steuben, with William Kersey, Abraham Bradley and Eleazar Linds- ley, judges, by Governor John Jay.
THE COUNTY'S FIRST COURT OF RECORD.
The first court of record-the court of common pleas and gen- eral sessions-was convened on June 21, 1796, Hon. William Kersey, presiding judge. He was a grave and dignified Friend, from Phila- delphia. "Proclamation for silence was made," says the record. Commissions were then issued to the judges, justices, sheriff and coroner.
The court of common pleas and court of general sessions con- tinued until the adoption of the constitution of 1846. Hon. Will- iam M. Hawley was the last judge of the court of common pleas in Steuben county, being appointed January 20, 1846, by Hon. Silas Wright, Jr., then governor of the state. He was succeeded by Hon. David McMaster, the first county judge; elected in June, 1847, under the then new constitution, and who assumed the duties of the office the first day of the following January. By this consti- tution a county court was created in each county in the state, ex- cept the county and city of New York, which took the place of the court of common pleas, with jurisdiction much restricted. Attached to the county court was the court of sessions for such county whose jurisdiction was wholly criminal. The court of sessions was abol- ished by the constitution of 1894, and the criminal jurisdiction
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transferred to the county court. The eriminal jurisdiction of the oyer and terminer was, by the constitution, vested in the supreme court. Both of these courts are now extinet in this state. As has been before noted, the oyer and terminer was composed of the county judge and two justiees of the sessions, the court of sessions by the county judge and the justices of the sessions, and if either was absent the county judge was empowered to eall to the beneh of the court any justice of the peace of the county to take the place of the absent justice.
'These courts were cumbersome, unwieldy and unsatisfactory, and the intelligent observer now marvels at their prolonged exis- tence, which can only be explained because the people were not dis- posed to submit their individual liberty to the determination of a single judge, versed in the law, unaided by the mereiful inelination and influence of their more local and neighborly magistrates.
UNEXPECTED, SURPRISING AND POPULAR.
Many unexpected and surprising situations occurred in these courts in this county, as the following, taken from a local newspaper published nearly a seore of years since, will well illustrate: "The eon- vening of the last court of sessions in this county today at Bath is a subjeet for retrospection. Now the court of sessions in all of the counties of this state except the county of New York, possibly one or two others, is composed of the county judge and two justices of the peace of the county, eleeted by the people, one from each of the two great parties, annually, at the general elections.
"The constitution of 1846 provided for the election of the jus- tices of sessions, and made them members of the court of oyer and terminer, as well as of the court of sessions. By the amended con- stitution prepared by the convention of 1867 and submitted to and ยท approved by the people in 1869, the justices of sessions were elimi- nated from the oyer and terminer, and from that time this eourt has been held by a justice of the supreme court alone, with usually apparent satisfaction.
"By the judiciary artiele of the constitution of 1894, which goes into operation on January 1, 1896, the office of justice of ses- sions will be unknown in this state. County judges will from theneeforth be deprived of their shelter, aid and comfort; they have been found very convenient for the presiding judge to shift the responsibility for penalties imposed for violation of exeise and other unwelcome cases, in which publie sentiment is divided. They were judicial scapegoats. The county judge must now 'go it alone'; his good judgment, learning and courage will be put to the test of an undivided responsibility.
"For many a long year this was the only office that the demo- erats in this county were sure of; many a fierce contest has been waged in the county conventions of that party for the nomination to that office. Now, amid the disaster and gloom caused by the result of the three last general elections, this office-the only seant pap in sight-is gone. Is there any further use for a demoeratie county organization ?
"This subjeet reealls many anecdotes in which the 'side judges,' as they were ealled, often asserted themselves, independently, but whether correctly or not has never been determined.
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"While the Elder McMaster was county judge of this county, Squire P. of Bath and Squire W. of Wheeler were justices of sessions for a time. A fellow was on trial at the Steuben sessions upon an indictment for grand larceny. The trial was, in the slang of the day, 'hot.' An objection was made to a question put to a witness. The county judge, after arguments for and against, sustained the objection. Immediately Squire P. announced : 'My brother W. and I have laid our heads together, and our decision is that the objection should be overruled and the question allowed,' and so the county judge was overruled-an audible smile followed.
"Upon the occasion of the trial of an indictment for murder at an oyer and terminer held at Corning, presided over by Hon. Thomas A. Johnson, a judge of the supreme court, and the justices of sessions, who were then members of that court, one of whom was from the northern part of the county, the other from near the line of Chemung. The prisoner was defended by the late Henry M. Hyde, of Corning, an excellent lawyer, and a man who had the courage to assert and maintain his and his clients' rights against judicial tyr- anny and usurpation at all times and in all places. Mr. Hyde asked of a witness a question. It was objected to by the district attorney. Judge Johnson sat with his right side to the desk facing the jury, with his back partly to his associates, the 'side judges.' 'The objec- tion is sustained,' said Judge Johnson, oblivious of his associates. Apparently without attention to the remark of the judge, Hyde again propounded the same question and was met by the same objection. The leonine wrath of Johnson was aroused, and contracting those heavy eyebrows that every practitioner before him well remembers, when a thunderbolt was about to be hurled, said: 'Mr. Hyde, I have sustained the objection, and excluded your question. Why this im- pertinence ? Sit down, sir.' Hyde remained standing, cool and un- moved. 'Your Honor, I demand the decision of the oyer and ter- miner on this question and objection,' he said in a quiet and deter- mined voice. Instantly Judge Johnson turned to the justices of ses- sions for consultation. After an apparently earnest conference the presiding justice announced that 'the majority of the court were for overruling thie objection and allowing the question.' The jus- tices of sessions had overruled a justice of the supreme court. Judge Johnson was undoubtedly right, but disgusted with his breth- ren. The justices of sessions, with the audience, sympathized with Hyde.
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