Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 50

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888
Publication date: 1886
Publisher: New York, W. W. Munsell & Co.
Number of Pages: 1452

USA > New York > Albany County > Albany > Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations > Part 50

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In the great case of the People agt. Cole, for killing Hiscock, a member of the constitutional convention, Mr. Smith was associated with the Hon. Lyman Tremain and Hon. Amasa J. Parker. This was a case that called into action all the sympathies of Mr. Smith's nature, and all his talents, and in a manner which aided largely in conducting the case to a successful issue for his client. He was one of the leading counsel in the famous Susquehanna R. R. litigation, and distin- guished himself in the uncommon ability which he displayed. It would require volumes to give any adequate description of the numberless trials in which he was engaged through his long and con- spicuous professional career. The history of those cases is interspersed through the history of the Federal courts.

We do not insist that Mr. Smith was a perfect or unrivaled lawyer, or that he was not in any re- spect open to criticism, for there are few who are not ; but with every liberal deduction for his faults which truth demands, we are sure that an appeal to the candor of those who have long watched his career at the Bar will decide that he made for himself a name and record which we have not exaggerated, and which is destined to live and shine in legal history.

Mr. Smith was a man of extended learning, general as well as professional, possessing a finely cultivated literary taste and an acquaintance with the best authors, ancient and modern, and he wielded a pen of classic elegance and power.

Genial in his temperament, possessing a fund of agreeable anecdote and a happy manner of relat- ing them, he was attractive and interesting in his social relations and surrounded himself with many friends.

He continued devotedly attached to his profes- sion, as a member of the distinguished law firm, Smith, Moak & Buchanan, until his relations with them were severed suddenly by his death, which took place December 1, 1884.

LE GRAND BANCROFT.

Mr. BANCROFT was a man whose life and career as a lawyer, a citizen, a husband and father is sur- rounded by pleasing memories and associations.

Through the long period of forty years he was a resident of Albany, and held by its citizens in the highest respect and esteem. He possessed charac-

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teristics that naturally inspired and retained these sentiments. He had those qualities of thought, of feeling, of judgment ; that refined delicacy and sensibility, that devotion to truth and honor, which goes beyond respect and esteem, and inspires admiration. As a lawyer, his talents, his in- dustry, erudition and honorable devotion to his clients naturally gave him a high place in the profession.

His benignity, equability and remarkable can- dor enabled him to pass through the collisions and turmoil of his profession without making an enemy. A distinguished jurist of Albany said at the time of his death : "I believe I can say of Le Grand Bancroft that he died without an enemy;" so it is quite impossible for his biographer to give any just description of his life and character, without using the language of eulogy.

Mr. Bancroft was born at Elmira, N. Y., May 4, 1818. He was a son of Dr. Rulandus Bancroft, one of the most distinguished physicians and sur- geons in the southern tier counties.

He received an excellent rudimentary education, and, at the age of fifteen, became a pupil of Hon. A. S. Thurston, a prominent lawyer and highly cultured scholar of Elmira. With Judge Thurs- ton, young Bancroft continued the study of Latin and other classical studies, which he began in his primary course. Judge Thurston was at this time a highly popular classical teacher of Elmira, with an extended pupilage. The young man soon com- mended himself to his instructor by his generous and noble qualities of mind, his intelligence, and more than all by the devotion and progress he made in his studies-a characteristic always attrac- tive to conscientious teachers.

Our duties in describing the early character of Mr. Bancroft cannot be discharged more profita- bly than by using the language of a beautiful letter from Judge Thurston to Miss Jean T. Bancroft, a daughter of the subject of this sketch.

"I can seem to see him now," says the letter, " resting his head upon his two hands, poring over his books, scarce lifting his eyes from them from morning till night ; and then, his demeanor, so gentle, so respectful, so polite, attached me to him as I was never attached to any other scholar.

" After I commenced the practice of law in El- mira, and I think it must have been in the year 1837, your father entered my office as a student, and here he was just as studious and indefatigable as he had been as a pupil at school. His tastes seemed to incline him more to that part of the pro- fession relating to Land Titles and Real Estate generally than in any other department. In his habits he was rather retiring, and the 'rough and tumble' of the forum and the practice before the country Justices of the Peace were altogether dis- tasteful to him.

"I don't know what year it was-as my register has been destroyed-that he left my office ; it was, probably, about the year 1839 or '40. But I remem- ber well that, when he did go out from me, I gave him an open letter, in which I stated, as near as I could, what kind of a young man he was.

" His father, not being in a situation to pay out money, and your father, fully appreciating the situ- ation, was determined to carve out his own for- tune. With my letter in his hand-perhaps with other letters-he made his way to Albany, and, knowing no person in the city, he formed the ac- quaintance of the late Teunis Van Vechten, with whom he made an arrangement to enter his office and complete his legal studies. What year he was admitted to the Bar, I am unable to state. *

"Of your father's subsequent career as a practi- tioner at the Albany Bar, there are those who can better speak of it than I can. I can only say that, during all the years he lived in Albany, I never failed, but always made it my first business, when visiting that city, to call upon him ; he was so re- liable, so unselfish and generous, I could not but always love and admire him. What Marc Anto- ny said of Julius Cæsar cannot be too truly and emphatically said of your father :

" ' This was the noblest Roman of them all. His life was gentle, and the elements so mixed in him that Nature might stand up and say to all the world, "This was a man. """>

Such is the tribute paid to Mr. Bancroft by one who knew him from early boyhood, through his student days, and through his long and honorable career at the Bar. It is a testimonial as eloquent as it is just and true that radiates his whole life. It is very rare indeed that such tributes are paid to public and professional men. Certain periods of their lives are often made the subjects of eulogy, but this one, as we have said, covers a whole life, in which no part is omitted.

As we have seen by Judge Thurston's letter, when Mr. Bancroft came to Albany he entered the office of Teunis Van Vechten, then in partnership with John Davis, Esq. Mr. Bancroft had become so proficient in the learning of his profession that, on the death of Mr. Van Vechten, he entered into partnership with Mr. Davis, under the firm name of Davis & Bancroft ; this was a profitable business arrangement, and existed several years. It was while a student in the office of Davis & Van Vech- ten that Mr. Bancroft was called to the Bar. On June 17, 1845, Mr. Bancroft was united by mar- riage to Miss Emeline Randall, of Albany, N. Y., a lady of many accomplishments and many men- tal and personal attractions. This union was an exceedingly happy and fortunate one. Mrs. Ban- croft survives her husband, enjoying the esteem and affectionate regard of all who know her.

At the dissolution of the firm of Davis & Ban- croft, the latter formed a copartnership with S. O. Shepard, Esq., which continued until the breaking out of the late Civil War.

Mr. Bancroft for some time had entertained the thought of devoting the remainder of his life to agricultural pursuits ; accordingly, on dissolving with Mr. Shepard, he retired to his farm at Elmira, N. Y., the home of his youth. Three years' ex- perience in conducting his farm convinced him that he was not exactly constituted for a farmer ; at any rate, his love for his profession and his pro- fessional associates at Albany was so strong and

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increasing that it overcame whatever attractions there were for him in a farm life, and he returned to Albany, entering again into the active duties of his profession.

In 1864 he became a partner of those truly prominent lawyers, Hon. Henry Smith and N. C. Moak, under the firm name of Smith, Bancroft & Moak. This connection, we believe, existed down to the time of Mr. Bancroft's death, with the change made by the admission of Mr. Charles J. Buchanan to the firm. As we have seen, Mr. Bancroft's tastes led him to that most intricate and subtle department of legal learning connected with Real Property.

Few persons studied the law of Real Property more assiduously than Mr. Bancroft. Beginning with Littleton's Treatise upon Tenures, published more than four hundred years ago, he made him- self familiar with the successive writers who have discussed that subject in all its bearings down to the present time. Few persons were better ac- quainted with the changes made in the Laws of Real Estate by the Revised Statutes, and with the Amending Statutes which have followed them, than he. He was, therefore, considered high au- thority in all law touching Real Property, and his knowledge of the land titles, not only in the City but County of Albany, was unsurpassed.

In social life Mr. Bancroft was a favorite. To use the language of the Albany Law Journal : " He had ready wit, excellent judgment and a keen ap- preciation of the ridiculous. Grave indeed must have been the affair out of which he could not ex- tract either pleasantry or consolation. His knowl- edge of human nature was such, and his tact and patience so great, that, however complex the mat- ter intrusted to his charge might be, or how bitter

the respective litigants to the actions were, he al- most invariably succeeded in disentangling the knotty questions involved in the controver- sy, and in bringing about a better feeling to the suit. His family relations were without reproach. He was a devoted husband, a kind and affection- ate father. He will ever be remembered by all who knew him for his sterling manhood, his fidel- ity to his clients, his friendship for all, and his en- gaging manners.

"One of the most attractive features of Mr. Ban- croft was his sincere, unobtrusive piety ; piety which exhibited itself in every phase of his life, not by presuming demonstrations, not by words, but by corresponding actions. Such was his charitable piety that to him could have been addressed the language of the Saviour : 'As ye did it unto the least of these, ye did it unto me.'

"At an early age, he received the rites of baptism from that distinguished and venerated divine, Dr. Welch, of Albany, and became a member of the Pearl Street Baptist Church, and afterward of Emanuel Baptist Church.

"Through all his years, till the close of his life, he adorned his religious professions as an humble and useful follower of his master.

"Our profession can ill afford to lose such members."

Mr. Bancroft died at his residence, No. 46 Lan- caster street, Albany, on the evening of January 20, 1880, at the age of 62 years. His disease was paralysis of the heart.

His departure was a shock to the city, particu- larly to his brethren of the Bar. He died in the midst of his usefulness, of his fame, surrounded by all that makes life sweet and happy.

THE BENCH AND BAR.

197

RLITTLE.

My Parrock

WILLIAM S. PADDOCK.

WILLIAM S. PADDOCK was a lawyer whose mem- ory the Bar of Albany will always hold in the high- est respect-a respect approaching to veneration. Not only will his memory be thus cherished by the Bar, but it will be equally honored by the people of the City and County of Albany with those other names so bright in their legal and civil history.

His large learning, his professional industry, his judicial purity, his integrity, his devotion to all his public duties, and his social worth, justly en- title him to be thus remembered.

He was born at Bethlehem, Albany County, N. Y., May 23, 1821. His ancestry were of Eng- lish descent; his grandfather, Job Paddock, was an early settler at Amsterdam, N. Y., where the father of Recorder Paddock was born, but who re- moved very early in life to Bethlehem, where he resided for many years, one of its most respected citizens. At a very early age young Paddock was placed at the old Lancasterian School, in Albany, and, after a thorough discipline in that institution, he entered Albany Academy, one of the most pop- ular academic institutions in the State.

There he passed advantageously through a thor- ough English and classical course, acquiring a high reputation for his scholarly attainments.

At first his mind was directed to mercantile pur- suits, and for two or three years he sedulously de- voted himself to the occupation of a merchant.

But his native love of study, his devotion to books and his scholarly turn of mind were not exactly adapted to the calling of a tradesman ; besides, dur- ing all his student days, he had a natural admiration for the legal profession. It was his delight to spend his leisure hours in the court-rooms of the city, and witness the contests of the forum, in which the great lights of the Albany Bar were engaged. Here he saw how causes were tried by Hill, Rey- nolds, Spencer, Harris, Wheaton, Peckham, Cag- ger and others whose names are bright in legal history. From them, and from their forensic ef- forts, he caught the "Promethian spark," which, at length, lit his own way to an honored place at the Bar.

Relinquishing his mercantile business, he entered the office of Wheaton, Doolittle & Hadley, a legal firm, each of whose members was prominent in the - profession- a legal firm almost unrivaled in strength and versatility of talents and learning. With these accomplished lawyers, young Paddock prepared for the duties of his profession. He studied under the nice mathematical process and subtle distinctions of Special Pleading, but he was called to the Bar in 1847, when the Code of Pro- cedure was a few months old. Accordingly he began his practice under the new regime. His thorough discipline under the old practice, how- ever, sharpened and invigorated his mind, and gave him peculiar qualifications as a pleader under the Code.

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His admission to the Bar took place in 1847, and in the following August he entered into part- nership with his cousin, Stephen Paddock, Jr., a highly respectable lawyer of Albany, under the firm name of S. & W. S. Paddock. This was a fortu- nate business arrangement for both partners, and existed ten years, when the senior partner, Stephen Paddock, retired, and Mr. W. S. Paddock formed a copartnership with Hon. John M. Bailey, which continued until Mr. Bailey was elected District At- torney. Mr. Paddock then entered into partnership with Hon. John C. Nott, at this writing the Coun- ty Judge of Albany County. He continued with Judge Nott until the election of the latter to the of- fice of Police Justice, when the firm was dissolved. His next professional connection was with Messrs. Draper & Chester, under the firm name of Paddock, Draper & Chester. This relation continued until July 1, 1882, when it was dissolved. All of Mr. Paddock's legal partners were gentlemen of high legal standing and accomplishments ; they were profitable and honorable relations, each partner holding the other in the highest respect and esteem.

The abilities and high character of Mr. Paddock as a lawyer summoned him to judicial duties. In 1856 he was elected to the ancient and honorable office of Recorder of the City of Albany. When he entered upon his first administration, the exciting Mayoralty controversy between Hon. Eli Perry and Dr. John P. Quackenbush was at its height. Each of these gentlemen claimed to have been elected Mayor of the city. The singular turn which this contest took added, as we shall see, largely to the responsibilities of Recorder Paddock, and it al- so greatly increased his reputation. " Each of the contestants maintained his right to act as Mayor, and both appeared at the meetings of the Common Council as its presiding officer. The matter was taken to the courts, under a compromise by which Recorder Paddock was to act as Mayor pending the litigation. The case was never brought to trial, and the City of Albany enjoyed a season of prosperity and success under the administration of William S. Paddock, acting in the dual capacity of Mayor and Recorder." To say that his administration in both positions was successful, is but to repeat well-known facts of history; but he received only the salary of Recorder, while Messrs. Perry and Quackenbush each received the full salary of Mayor. He was three times elected Recorder, the first time, as we have seen, in 1856, and the last time in 1876. Dur- ing this long term of judicial service he won the confidence and esteem of the members of the Bar

and of the general public to a degree almost un- precedented. He was one of those men who made his way so quietly through the paths of usefulness to public honors that the voice of envy and jeal- ousy was never raised against him, and never ques- tioned his integrity or doubted his ability.

To use the language of the Albany Evening Jour- nal : " Mr. Paddock was known to the profession as a very careful lawyer, his fealty on the side of the right being paramount to all other considera- tions. Never, in the whole course of his life, was he known to do a wrongful act intentionally. If he believed his convictions were right, he would ad- here to them, come what might."

Again, as was said of him by another : "He was a polished gentleman, loved by those who had the pleasure of being admitted to the list of his in- timate friends. As a magistrate, if the occasion demanded, he was stern and uncompromising, but always courteous and accessible. He was always liberal, his purse always open to deserving want, and his sympathies as deep as his charities were wide. Mr. Paddock early in life associated him- self with the Democratic party, and was to the day of his death a faithful and consistent member of that organization, and one of its acknowledged leaders.

" He was a member of Master's Lodge, No. 5, F. and A. M .; Temple Chapter, No. 5, R. A. M .; Temple Commandery, No. 2, K. T., and of the Masonic Relief Association."

Recorder Paddock's domestic relations were ex- ceedingly happy. On May 20, 1851, he married Miss Magdalene, daughter of Gerrit and Cornelia Hotaling, of Albany ; five sons and one daughter were born to this marriage, all of whom survive him but one son. They are Howard, William G., Edward, George and Carrie Paddock.

Such was the life and career of William S. Pad- dock, a man of large influence and usefulness in his profession, in his official capacity and as a pri- vate citizen. It is hardly necessary for us to say that the death of such a man, genial and generous, should produce profound sensation and sorrow in the city where he had long occupied so conspicuous a position. Up to 1880 he enjoyed the most ro- bust health. In May of that year he had an ap- oplectic attack, which left the base of his brain affected ; he, however, recovered, so he was able, to an extent, to conduct his business. In the sum- mer of 1882 he was again prostrated with the same disease ; at length, about the last of December, the last and fatal attack came. He lingered until the 19th of January, 1883, when he died.

THE BENCH AND BAR.

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Journey, A. Mo town our

JAMES A. McKOWN.

Mr. McKowN, who occupies a highly respectable position at the Albany Bar, was born at Guilder- land, Albany County, March 19, 1819. His father was Absalom Mckown, a prominent and much esteemed citizen of Albany County. His mother's maiden name was Edith Le Grange, daughter of John Le Grange, Esq., a man of high standing in his day.

The advantages of young Mckown for obtaining an education were confined principally to the com- mon district school. In his youthful days our present system of general education was unknown, and in- stitutions ranking above the common schools were few ; but he utilized to the fullest extent every ad- vantage he had ; he obtained a very good practical education, with which he attained his success in life, through his own unaided efforts. He, there- fore, belongs to that large and valuable class of men with which the legal, and generally all pro- fessions, abound-self-made men. It was his early ambition to become a lawyer ; to that end he directed every energy.

In recognition of his intelligence, sound judg- ment, practical good sense and legal information, he was quite early in life elected a Justice of the Peace at Guilderland, serving in a very acceptable

manner for the almost unprecedented long period of eighteen years.

His eminent services as a Justice of the Peace were fully recognized, not only by the people of Guilderland, but by the people of the county at large, and this, in 1852, brought him forward as a candidate for the office of Associate Judge of Al- bany County. He was elected, and took his seat on the bench of the County Court and Court of Sessions. In 1853 he was re-elected. His judi- cial term extended two years, and was very ac- ceptable to the people of the county.

Mr. Mckown was a close, industrious and ap- preciative legal student; but he did not apply for admission to the Bar until 1853, when, on motion of that distinguished jurist, Hon. John K. Porter, he was admitted to practice in all the courts of this State ; and, in 1865, he was, on motion of Hon. Ira Harris, admitted to the United States Supreme Court.

In April, 1856, Mr. Mckown made the City of Albany his residence, where he has continued to reside from that time down to this writing, 1885.

His judicial mind and method prepared the way for his election to the office of Surrogate of Albany County. This event took place in the fall of 1855. The duties of this office are important and difficult. No judicial position is more so than that of Surro-

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gate. It requires a peculiar cast of mind and much depth of learning to successfully discharge the duties of the office.

We can say without affectation that Mr. Mc- Kown brought to the office abilities, learning and industry of a high order, which rendered his ad- ministration successful, and he retired from the office with the good wishes and good opinion of the Bar and the public.

In his practice he has had no specialty, but has conducted a general legal business with success, and has always surrounded himself with a respect- able and profitable clientage.

His long identification with the Albany Bar, his high and upright character, his honorable course as a practitioner, has given him an eminent place in his profession.

Mr. Mckown belongs to the Republican party. He espoused the tenets of that party under the firm belief that they are the safest and best for the State and nation. Though he is decided in his political opinions, he is in no sense aggressively so. He is not, and never has been, a seeker after office or place.

In his religious proclivities he favors the Baptist Church.

In 1837 he was united by marriage to Miss Alida Van Valkenburgh.

In his official career Mr. Mckown, as we have seen, commanded the respect of the people of Al- bany County. As a lawyer and citizen, and in all relations of private life, he has always had in a large degree the confidence and esteem of the public ; and, finally, few, if any, are more entitled to hon- orable mention in the history of Albany County than James A. Mckown.

MAJOR-GEN. JOHN TAYLER COOPER.

Major-Gen. JOHN TAYLER COOPER was born in Albany, in April, 1798, and died August 13, 1878, in his eighty-first year. His father was Dr. Charles D. Cooper, who, in his time, was one of the most distinguished of Albany's physicians. His mother was the niece and adopted daughter of the wife of Gov. John Tayler, who was Lieutenant-Gov- ernor of the State of New York from 1813 to 1822, and Acting-Governor part of the time. His brother, Charles D. Cooper, became a noted Episcopal cler- gyman of Philadelphia, and survived him. He had two sisters, one of whom, Elizabeth, married Ben- jamin Nott, and became the mother of Hon. John C. Nott, of Albany, and the other, Margaret, mar- ried Joel B. Nott. Benjamin and Joel B. Nott were sons of Dr. E. Nott, president of Union Col- lege.

Gen. Cooper attended the best schools of Al- bany, and subsequently entered Union College, where he graduated, after four years' study, in 1818. Afterward he entered the law office of Messrs. John V. Henry and James McKown. and studied for the Bar, being admitted to practice in 1821. Form- ing a copartnership with Simeon DeWitt Blood- good, who was at one time editor of the Advertiser, printed by Webster on the old Elm Tree corner, he

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Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 50

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888 Publication date: 1886 Publisher: New York, W. W. Munsell & Co. Number of Pages: 1452

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888
Publication date: 1886
Publisher: New York, W. W. Munsell & Co.
Number of Pages: 1452