Civil, political, professional and ecclesiastical history, and commercial and industrial record of the County of Kings and the City of Brooklyn, N. Y., Part 141

Author: Stiles, Henry Reed, 1832-1909.
Publication date: 1884
Publisher: New York : Munsell
Number of Pages: 1360

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A month or two after the oceurrenee we have deseribed, a law- yer by the name of Everson, a man of respectable attainments, with a very fair practice, called on Mr. Greenwood, as he said, by the request of Mr. Jones. After some conversation, he said: "Mr. Greenwood, I have examined your declaration, in which the slander of title is set up, and I am convinced that a person capable of drawing such a pleading is essentially an able lawyer. I need a partner. I have come to propose a partnership between you and myself." And so it happened that, after due reflection and consultation with friends, he became the law partner of Mr. Everson.

Judge Greenwood's first partnership was, we believe, a fortu- nate one for both parties. It continued for several years, and after its dissolution Mr. Greenwood continued to practice alone until he became a resident of Brooklyn. His New York clientage was respectable, large and remunerative. His knowledge of the French language brought to him many valuable French clients. He also had a large equity practice, and often appeared before the Chancellor, and before the Court for the Correction of Errors, at Albany, as well as being largely engaged in all the city courts.

In 1823 he became a resident of Brooklyn, but continued his office in New York, where his business was mainly conducted, down to 1837, when his practice in Brooklyn became so exten- sive that he withdrew his business from New York to this city, where he has continued down to the present time. Some time after Judge Greenwood came to Brooklyn he formed a copart- nership with General H. B. Duryea, a lawyer of high standing, whose biography appears elsewhere in this work. This relation was profitable to both partners, and the firm soon took its place among the distinguished law firms in this part of the State. It continued until Judge Greenwood was elected City Judge, when it was dissolved. Among the important cases condueted by Judge Greenwood, was that of The People ex. rel. Norris L. Martin vs. The Mayor and Common Council of the City of Brooklyn, tried in 1848. He was associated in this case with General Duryea. A full report of the case will be found in another part of this work, among "Important Trials."

As an advocate, Judge Greenwood is earnest, natural, impres- sive, and often eloquent. His capacity for reasoning, whether upon law or fact, is of a kind which always commands attention, and produces conviction. He never speaks on any important question without ample preparation; is never incoherent, never feeble, trivial, or tedious. His language flows easily and natur- ally, and is of the purest and simplest English.

Judge Greenwood was early attracted to the political arena, usually so fascinating to lawyers, especially young lawyers. Very early in his professional career, his reading and his convic- tions led him to the principles of the Democratic party, in which he became an acknowledged leader. In his more ardent and active career he made many warm friends among the great lights of the Democratic party. Among these were William L. Marey, Martin Van Buren, Silas Wright, C. C. Camberling, and many others. His relations with Van Buren were particularly near and pleasing. When, in 1832, the United States Senate non-con- curred in the appointment of Mr. Van Buren, on the nomination of President Jackson, as Minister to England, Judge Greenwood shared in the general indignation of the Democrats of the na- tion. As he was a vigorous, pointed writer, he distinguished himself by his eloquent articles, severely denunciatory of the measure. These found their way into all the leading Democratic journals, and were read with great interest. When the Sub- Treasury policy was started Judge Greenwood became a warm advocate of the measure, and wrote the first article ever pub- lished in Brooklyn in its favor. It was a calm, dignified, ex- haustive retrospect of our financial affairs. He gave an animated history of the embarrassments which the Government had been

obliged to encounter, in consequence of the failure of the State banks to perform their engagements.

"This is the third time," he said, "that the Government has made trial of the capacity of the banks chartered by the States to transact its financial concerns, and each time has proved a failure. This should convinee all-to use the language of a great statesman-'that there is something inherent in the nature and constitution of the State banks which renders them unsuit- able and unsafe as the keepers and dispensers of the public treasure.'

"Therefore, as a national bank cannot be chartered, and as the State banks are manifestly unsafe, the Treasury of the peo- ple should be kept by the officers of the people; and there should be entire and total separation of the business and property of the Government from the business and concerns of the banks." The sensibility and practieability of these remarks have been amply demonstrated by the lapse of time.

It is pleasing to listen to Judge Greenwood's description of the fierce political contests which have often made the polities of the State an anomaly in political history; "where the prostration or fall of one party has alternately produced the elevation of the other, which continued until that other party in its turn was overthrown. But, notwithstanding all this, the State has stead- ily advanced in wealth, in population, in physical and intellect- ual power, with a rapidity quite unequaled."

Judge Greenwood often advocated the principles and policy of his party on the rostrum, where the ingenuity and eloquence of his speeches always rendered him popular with the people. But his exertions and influence were so ardently devoted to the sueeess of his party that he gave little heed to his own political aggrandizement. As we shall sce hereafter, he never held any offiee not intimately connected with his profession.

He has always been a strong and useful supporter of the interests of Brooklyn, and his name is identified with very many of its great publie improvements ; among these, espe- cially, the obtaining of its city charter. The difficulties attending this have already been deseribed on pages 528 9 of this work. Among those who threw themselves arden ly and successfully into the fierce contest then waged between Brooklyn and New York City, was Judge Greenwood. He advocated a eity charter through the press, in public meetings, and personally before the Legislature at Albany. In the winter of 1833 he suc- ceeded in a measure, which led, the next year, 1834, to a complete victory. Under the charter thus secured for Brooklyn, it eom- meneed its mareh towards its present proud position among the cities of the nation .*

The first Common Council organized under this eharter, in grateful remembranee of Judge Greenwood's services, unani- mously gave him a vote of thanks and the sum of $750. Refus ing at first to accept the money, he finally did so, only to dis- burse it in giving a grand dinner to the city officers, members of the Bar, and all who aided in making Brooklyn a eity. As was said of Cains Marins, obstat quic quid non adjurat. "Content with deserving a triumph, he refused the honor of it.".

Immediately on the formation of the City Government an I the

* Among those who aided Judge Greenwood in securing a city charter for Brooklyn, was Hon. PHILIP BRASHER, who represented Kings County in the Assembly in 1834. Mr. Brasher had been a highly successful merchant in the city of New York, where he had resided many years, during which time he had amassed a large fortune, and had been honored by many publie offices. He represented New York City in six legislative sessions, In 1832, he retired from business and became a resident of Brooklyn, and warmly espoused the cause of a city charter. Owing to his long experience in the Legislature, the citizens of Kings County elected him as their rep- resentative in the Legislature at Albany, the county at that time having but one member. He took his seat in that body, January 4, 1834. At this time he held in his hand the City Charter, drawn by Judge Greenwood. On presenting it, he said: "I shall never return to Brooklyn until that bill has passed both houses of the Legislature." The bill finally passed by a vote of 106 to 1, the solitary negative vote being that of Peter S. Titna, a member from New York.

1216

HISTORY OF KINGS COUNTY.

present City Court, Judge Greenwood's abilities and services to the city were more fully recognized by his nomination and election as judge of that court, his office being known as City Judge. Ile was appointed Corporation Counsel in 1842, serving until about January 27, 1843, when he was appointed, by Governor Bouck, First Judge of the Court of Common Plcas of Kings County. He had previously served several years as Supreme Court Commissioner and Master and Examiner in Chancery.

One of the remarkable cases conducted by him as Corporation Counsel was the great Mandamus Case, entitled The People e.t. rel. Worthington Hodgkinson vs. Alfred G. Stevans. A reading of this celebrated case, found in 5th Hill, 617, will largely repay tho legal, as well as lay, reader in the information it imparts. An- other important ease was that of The Brooklyn Bank vs. Degraw, 23 Wendle, 342; and Brooklyn Bank vs. Warren. A full report of these cases will be found under the head of Important Trials. The reports of the Supreme Court and the Court of Appeals contain many cases which Judge Greenwood argued before these tribu- nals. His briefs and arguments nre terse, logical productions, not overcrowded or loaded down with precedent, and yet with enough of precedent to clearly demonstrate the proposition he would maintain. He always commands the attention of the judges, always enlightens their understanding; and, if he does not always succeed in eausing them to coincide with him, it is from no lack on his part of putting them fully in possession of the reason and the law which he presents.

Judge Greenwood carried to the Bench those legal accomplish- inents which had previously rendered him a sagacious and sue- cessful lawyer. His opinions, oral and written, did him infinite credit. They are replete in jurisprudential learning, distin- gnished by logical vigor, and impartiality. Among the opinions which strongly illustrate this, is that in the case of Heeney vs. Brooklyn Benevolent Society, 33 Barb., 360. This opinion per- haps has been more frequently quoted by other judges than any found in the books. With the Bar he was genial, affable and courteous, and patient in listening to arguments of counsel, and always desirous of hearing everything that touched the case at bar before going to his decision. In his charges to juries he always dissipated obscurities, and gave the jury the case in a plain, practical form, rendering their duties easy and just.

We have described Judge Greenwood as a legal debater at the Bar, as an occasional but successful politieal orator, and in addi- tion to this, hic often appeared before the public, in the more active period of his life, on the lecture rostrum. Several of these efforts gained more than an ephemeral fame. Space will permit us to refer to but one of these ; this was his address delivered at the Academy of Music, in Brooklyn, on Colonel Aaron Burr, a production replete with interest, greatly admired, and still vividly remembered. So interesting a subject attracted an immense andience from the ilité not only of Brooklyn, but of New York City.

To use the language of the Brooklyn Eagle : "Never was there congregated in Brooklyn so much intelligence and refinement was thero an audience so delighted and instructed ; never, per- haps, hans the time, character and history of Aaron Burr been more ably, more justly, or more truthfully described."

Withont any effort at cloquence, his address was delivered in language severely correct and pure, with sufficient rhetorical drapery to cause the subject to stand out in his full propor- tion4, presenting Aaron Burr precisely as he was, with his faults as well as his virtues clearly in view, with no exaggerations, IO eXOPAHive lights or shades.

Jidge Greenwood clearly showed that Colonel Burr is a maligned character in history; that many of the invented sean- dale nud bitter partisan landers generated in the bitter political contents in which he was engaged found their way into history nul thus Have come down to posterity. Judge Greenwood

freely admitted that Burr had many faults, but not more than many of his contemporaries ; not as many as other illustrious men of the past and present have had; but that Burr's have been largely exaggerated by politieal rivals and jealous and envious contemporaries. His trial for treason was a farce; not a particle of evidence showing his guilt was proved against him by the prosecution. In speaking of Burr's gallantries, he said: " I do not believe he was any worse in that respect than many other men of his own and the present day who pass for better men. The difference between them is, there was much less disguise on his part than on theirs, and he never pretended to be that which he was not. Elegant in his manners, attractive in conversation, and pleasing in his personal appearance, he was quite as much sought after by the ladies as he was a seeker after them. I have often hcard him say that he never deceived a woman in his life ; that a man who would deliberately deceive a woman in any way was not fit to live."

It is needless to add that this address was listened to with the profoundest attention, and received enthusiastic plaudits from the brilliant audience who listened to it. Down to the delivery of this remarkable lecture, writers and speakers had vied with each other in describing Colonel Burr as a monster in human shape, giving new light and excessivo exaggerations to the stale calumnies which his enemies had invented and set in motion. It remains for an impartial publie to judge ealınly between those writers and Judge Greenwood.

His recollections of other men, given to those who are fortu- nate enough to enjoy his acquaintance, are greatly attractive and instructive ; for he is a pleasing conversationalist, conrteons and agreeable to all who approach him. He possesses the virtues that strengthen and adorn the relation of private life; nor is any man more truly and deeply respected and beloved, as a husband, a father and friend. He was twice married; his first marriage took place in 1822, when he were united to Miss Catherine Dobbin, daughter of James Dobbin, of New York City. She died in 1834. He was again married in 1836, to Miss Lamer daughter of a German gentleman for some time connected in business with John Jacob Astor. This estimable lady died in the antumn of 1881. There was born to the first marriage two sons; to the last three daughters, one of whom is now the wife of Charles Stodard, Secretary and Treasurer of the Metropolitan Gas Light Company of Brooklyn.

Such is our view of the character of Judge John Greenwood, we trust candidly and impartially related.

JOSEPH NEILSON AND THE TILTON-BEECHER TRIAL.

Mr. NEILSON was born at Argyle, N. Y., on the 15th day of April, 1815. He is of Scotch-Irish descent. His grandfather, John Neil- son, the founder of the family in America, came from the north of Ireland in 1760 with a band of friends, and settled in Washing- tonCounty, N. Y. They were Calvinists of tho stricter sort, and brought with them their pastor, Rev. Dr. Clark. The oldest son, John Rogers Neilson, dropped the "o" in spelling the name, and in that respect the children followed his example. Of these, and the most distinguished of the name, was Samuel Nelson, who for the unexampled period of half a century con- tinuously filled the judicial office, serving as Chief Justice of the Supremo Court of the State of New York, and as the Associate Justice of the Supremo Court of the United States. A Ron of his, Rensselaer R. Nelson, of St. Panl, Minn., is, and for some years lias been, one of the United States District Judgos; a man of grent learning, industry and influence.

Samuel Neilson, the third son of John Neilson, was a physi cian, and was highly distinguished in his profession. ller moved to Cannda, and died there at the age of eighty-seven years.

1212

BENCH AND BAR OF BROOKLYN.

Ilis son Joseph practiced law in Oswego, N. Y., until November, 1844, when he moved to the city of New York. On leaving Os- wego, an affectionate address was presented to him by the mem- bers of the Bar of Oswego County. We find this address in the Oswego Palladium, with the editorial warmly commending the subject of it. Among other things, the members of the Bar say:

"During the several years of your practice as an attorney and counsellor in this place, we have had abundant opportunities of becoming acquainted with your principles and qualifications, and have seen how certainly professional skill, severe application to study, and untiring industry can win golden opinions from all sorts of people. Although we cannot but feel that in your removal we are losing a valuable citizen and an eloquent advocate, yet we are gratified by the confident belief that your worth will se- cure to you a position in the ranks of the profession elsewhere, alike honorable to yourself and agreeable to us."

Mr. Neilson took up his residence in Brooklyn in 1848, but continued his practice in the city of New York, where he had a valuable clientage, and was engaged in many cases of import- ance, until he was elected one of the judges of the City Court of Brooklyn. He entered upon the judicial service in that court on the 1st of July, 1870, and retired from it on the last day of December, 1882.

Judge Neilson's services fully entitle him to distinction as a man, as a writer, and as a jurist. He was fortunate in having descended from a notably long-lived stock. His sturdy frame, and the vigor and determination which have formed the lines of liis countenance as their fittest expression, betoken stamina and vitality. A certain air of rugged energy, and a manly and reso- lute bearing, show him to be a man apart, and admirably befit his station. His voice is peculiar, and at once attracts attention; capable of great softness of expression, it rises in rapid grada- tions when excited or aroused. His mind is distinguished for clearness and quickness of perception, strength of memory and accuracy of reasoning. He is possessed of great firmness of purpose, and, as a consequence, his self-possession and patience are not easily disturbed. As stated by Mr. Bigelow : "He holds to John Calvin, denying the austerities imputed to the Institutcs, but supplements the qualification that fore-ordination followed, as a necessary consequence, fore-knowledge. Judge Neilson is not bigoted, however; he believes that a pure spirit and devout worship are accepted without regard to mere creeds. He has no intellectual fear; feels no need of an index expurgatorius. He reads Emerson, not for his opinions, but because he finds in him greater power and fertility of expression than in other mod- ern authors. He has said that he believed Emerson must have read the Bible until his mind became imbued with its literary spirit; that not only he, but Walter Savage Landor, Daniel Web- ster, Rufus Choate and, in later days, whoso uses the English language most powerfully, must have drank freely at the same source; and that in such instances the benefit can be traced as certainly as the indebtedness of Tennyson for graces of thought and expression can be to the Greek. In a late conversation with critics at the club he repelled an attack upon some old authors, now fallen much out of use, and confessed his regard for Young's 'Night Thoughts' and Hervey's 'Meditations,' the companions of his youth. He also claimed that the human race, in its intuitive wants and strivings, had given a sufficient an- swer to modern skeptics, as in all ages, climes, and conditions of men, there had been a desire to propitiate an overruling power; all down the track of history, crumbling altars from which the smoke of sacrifice had gone up."

It seems desirable, in the first instance, to consider Judge Neilson's relation to Literature, especially as a writer. Judge Neilson, has been a great reader, this is suggested by his style as a writer. Bacon, Milton, Johnson and Shakespeare, have been his familiar companions. Gifted with an active imagination, Burke, Jeremy Taylor and Rufus Choate are in a special degree his favorites. He thinks Walter Scott and Charles Dickens have done missionary service in elevating the race; in teaching a spirit of

charity and kindness toward the poor and humble. Indeed, lie values highly romantic literature when written in a pure spirit. Some years ago he contributed to the Home Magazine, articles in the form of "Imaginary Conversation," between Dr. Rudd, of the Gradagrind school, and Mr. Jarvis, who sought to persuade him that works of fiction might be useful. We have selected a few passages as illustrations of a free conversational stlye:

Dr. Rudd. "But I cannot believe that you men of the law read works of fiction."

Mr. Jarvis. "They have done so, to wit: Chief Justice Mar- shall, Thomas J. Oakley, George Wood and others."

Dr. R. "I had thought that such men read the law, ex- clusively."

Mr. Jarvis. "Did you, when in practice, prescribe the 'tine- ture of iron' for every patient? Rufus Choate said 'that for a time he read law exclusively, and dried his mind."'

R. " I don't know Mr. Choate; sensible man, no doubt. But what good have works of fiction wrought out ?"

J. " In the first place, you must remember that the novel or ro- mance is not in its details and circumstances a mere invention. The most original of such writers could not make up their sub- jects, so the story is generally founded on fact, or an accepted fable-the characters, the delineations of known persons of special or shining qualities."

R. " Yet Î should prefer a veritable piece of biography."

J. "You might. But if the author has some good or great purpose in view, that purpose is worked out and illustrated by the characters, acting each in his place, according to his own nature, and the mere biography becomes subordinate. You may state truth and virtue, or meanness and hypocrisy, in the concrete, and with logical and philosophical reflections, to little purpose; but give the facts a personality, visible to the eye, and the argument becomes vivid. Thus, to realize how the suitors have been held in suspense, in a given case, generation after generation, in an English Court of Chancery, follow the counsel and the suitors into court; to know the cruelty and starvation of the Yorkshire schools, attend with the new teacher, whose soul revolts on his first day's service; to realize what the condition of a healthy sane man is when consigned to a lunatic asylum, stand by him, as with beads of perspiration on his brow he listens to what chills your own blood. Then conviction, else so passive, becomes active and irrepressible. There are instances where despite petitions, parliamentary reports, speeches and statutes, all so decorous, proper and correct, a grievous wrong or abuse has lived on and throve until the so-called romance came to the rescue. Under the novelist's treatment, the fact in its full proportions became so real, so illustrated and intensi- fied, that men called his work fiction. It may not have been fiction, but the whole truth came in new and unwonted aspects; as if upon the hateful thing, hid away in dark streets, or behind stone walls, the full light of day had been poured out for the first time. Then the indignation of honest men and women became aroused; the popular heart beating loud enough to dis- turb drowsy officials in their easy chairs. Then the desired re- form became easy and certain."

As illustrations of Judge Neilson's more finished works, we quote from one which impresses us with its vigor, ability, elc- gance, and vivacity, and with the penetration and discernment of its authoras a reviewer. It is his review of " Parker's Reminis- cences of Rufus Choate," which appeared in the Albany Law Journal, and which was introduced by the editor of that journal as follows:

" It is full of terse suggestions to be pondered by students, and even by authors. It is, moreover, so happy in illustration, so genial and sprightly, that the criticisin becomes as exquisite and pleasing as it is pungent and severe. It is gratifying to know that a lawyer of Judge Neilson's conceded learning and ability has had the time and the good taste to cultivate a style at once so forcible and so pure and musical."

It was said of Lord Jefferies, an illustrious Judge, an unsparing but elegant reviewer, that it was not the discovery of merit, but the detection and exposure of defects; which guided his pen; that everything was forgotten except the agonies of his victims, enhanced by the ridicule under which he suffered. Not so with Judge Neilson. He reviews and criticises with humor so broad, with wit so genial, as to calm the resentful, and to dis- arm the malicious. As he passes on with the review, to which we have referred, he reaches the point where Parker, describing Choate's great powers as a lawyer, says, " After all, the jury ad-

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Civil, political, professional and ecclesiastical history, and commercial and industrial record of the County of Kings and the City of Brooklyn, N. Y., Part 141

Author: Stiles, Henry Reed, 1832-1909. Publication date: 1884 Publisher: New York : Munsell Number of Pages: 1360

Author: Stiles, Henry Reed, 1832-1909.
Publication date: 1884
Publisher: New York : Munsell
Number of Pages: 1360