Gazetteer and biographical record of Genesee County, N.Y., 1788-1890, Part 6

Author: Beers, F. W. (Frederick W.), ed. 1n; Vose, J.W., and Co
Publication date: 1890
Publisher: Syracuse, N.Y. : J.W. Vose & Co.
Number of Pages: 920

USA > New York > Genesee County > Gazetteer and biographical record of Genesee County, N.Y., 1788-1890 > Part 6

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latter years of his life with his son-in-law. W. Harris Day. He was a member of the Constitutional Convention of 1846, and in 1851 was ap- pointed justice of the Supreme Court to fill a vacancy caused by the death of Judge Sill. This position he filled until the close of 1853, and during the last year of his service became, under the then existing provisions of law, a member of the Court of Appeals. In 1860 he was elected county judge and surrogate of this county, and filled the office acceptably for two terms of four years each. In 1871 Judge Taggart was appointed postmaster of Batavia, which position he held for about four years. He maintained his excellent health and vigorous bearing almost to the end of his life, while his intellectual powers remained unimpaired to the last.

Charles Henshaw was born at Java, Wyoming County, and studicd law with Gen. L. W. Thayer at Warsaw. He was elected county judge and surrogate in 1868, and died in office September 18, 1870, at the age of 48 years. A man of sterling worth, honest through and through, he possessed qualifications which rendered him in some respects the most remarkable lawyer who has ever practiced at our bar. It is doubtful if any other lawyer of this county has acquired so extended a knowledge of the law itself. His memory was unfailing, and his familiarity with both elementary law and judicial decisions was vast and perfectly at his command. He could always say " on such a book and page you will find the law." He disregarded all forms, and fashioned his papers briefly and accurately to suit himself. Unwilling or unable to try a case before a jury, he seldom if ever appeared in this capacity. His judicial career, upon which he had but fairly entered, gave great promise, and had he lived Charles Henshaw would have filled higher positions upon the bench. The incumbents of the office of county judge and surrogate since Judge Henshaw's death are, in this year 1890, all living.

A sketch of the life of the Hon. Heman J. Redfield, prepared for this article, has been omitted, since an extended notice of his career is printed elsewhere in this volume.

Among the members of the legal profession who have practiced in Le Roy besides Mr. Redfield there may be mentioned Jacob Bartow, Alfred F. Bartow and Charles Bartow, his sons, Seth M. Gates, Charles Dan- forth, Samuel Skinner, Perrin M. Smith, and Augustus P. Hascall.

Jacob Bartow, although never distinguished as a lawyer, was a man of large attainments and rare scholarly tastes. He was a law student with Aaron Burr. He died about 1845. His son, Alfred F. Bartow, studied law with Heman J. Redfield, and later became his partner. He removed 4

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west and died a few years ago in Chicago. Mr. Bartow was an excellent practical business lawyer, and was a prominent and respected citizen of Le Roy. He was for many years a member of the vestry of St. Mark's Church, and took much interest in the work of that society. Charles Bartow studied law with A. P. Hascall, and during the time he practiced in Le Roy was in partnership with Hiram W. Hascall, and afterwards with John R. Olmsted. He removed to New York, where he died. Augus- tus P. Hascall was for a long time an honored and prominent citizen of Le Roy. He served as presidential elector in 1848, and was a Represent- ative in the 32d Congress. He died June 27, 1872, aged about 76 years. Charles Danforth was a graduate of Williams College, and was at one time judge of Common Pleas in this county. He was a good law- yer and gave satisfaction as a judge. Samuel Skinner was one of the earliest lawyers in Le Roy, and is said to have been an able, well-read member of the bar. He was a graduate of Williams College, and was possessed of scholarly tastes. He died in Le Roy about the year 1853. Perrin M. Smith studied law with Mr. Redfield and became a partner of Mr. Skinner. He removed from Le Roy to the West, where he died many years ago. Seth M. Gates practiced law in LeRoy for many years, and was an able man. He was proficient alike as an office lawyer and in the trial and argument of cases. He was elected to Congress in 1839, and soon after completing his term of service removed to Warsaw, where he died about the year 1876. During his residence in Le Roy he was 10 years associated in business with D. R. Bacon, who still resides in Le Roy, an honored citizen of that village. Mr. Bacon was at one time a law partner of james Summerfield, but upon becoming connected with manufacturing interests several years ago retired from active practice of his profession.

A citizen of Le Roy, having at his command sources of information not available to the writer of this sketch, has included in an article prepared for this work much additional information concerning Le Roy lawyers, which might otherwise have been of interest here.

Among the more prominent of the early Batavia lawyersmay be men- tioned Albert Smith, who in his day had a wide reputation for extensive legal knowledge, and for his power as an advocate. He was a Represent- ative to the 28th and 29th Congresses from this district, and served in the Assembly in 1842. At different times he was associated as a part- ner with the ablest lawyers of the county. Mr. Smith removed west soon after his service in the State legislature, and has long since been ; dead.

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Daniel B. Brown was born October 18, 1780, and died July 7, 1822, leaving, it is said, no descendants or near kindred. He is reputed to have been one of the most brilliant advocates who ever practiced in this county. He was somewhat intemperate in habits and erratic in disposi- tion, and consequently never won for himself the position which he other- wise would have gained. It is hardly probable that he is practicing law in the other world, yet his tombstone bears the inscription, copied quite likely from his sign used while living: " Daniel B. Brown, Attorney and Counselor at Law."

Levi. Rumsey was a prominent citizen of this county at an early day, and was intimately concerned in that class of law business connected with the formative period of our history. But little information concerning him is now available, yet an old citizen of Batavia well qualified to know and judge says of him, that in the prime of life he was not only the fore- most lawyer of this county, but of Western New York. He was unques- tionably a man of high character and of decided ability. Mr. Rumsey was district attorney of this county from 1829 to 1834. He was born in Connecticut, December 8, 1776, and died December 29, 1833.

- Ethan B. Allen was among the most prominent of the early lawyers of the county, and was a man of high character and unusual attainments. In personal bearing he was " a gentleman of the old school." He was born in Columbia County, October 21, 1787, and died April 19, 1835. He was the father-in-law of that distinguished advocate and jurist, Isaac A. Verplanck. Mr. Allen was a State senator from this district from 1826 to 1830. Upon his tombstone are inscribed the words " intelligent, virtuous, and affectionate, he fulfilled the various duties of a legislator, a citizen, and a friend."

Daniel H. Chandler, who was for many years a prominent citizen of this county, was born in 1795 and died March 29, 1864, at Madison, Wis., where he had removed in 1847. He was district attorney of this county from 1834 to 1838. Mr. Chandler was an able and thoroughly equipped lawyer, combining in an unusual degree the characteristics of advocate and counselor. He was a partner at one time of Senator Ethan B. Allen, and later with Hon. Moses Taggart. Mr. Chandler is well re- membered by quite a number of our older residents, all of whom attest his worth as a man and his talents as a lawyer. His ability as a trial lawyer brought him actively into the management of many notable cases, where he won for himself high commendation from bench, bar, and clients. He was the father of the late Rear-Admiral Ralph Chandler, of

GENESEE COUNTY.

the United States navy. After his removal to Wisconsin Mr. Chandler acquired a large practice, and fully maintained the reputation he had gained here.

George W. Lay, the fourth son of John Lay, Esq., was born at Cat- skill, N. Y., July 27, 1798. He graduated at Hamilton College, N. Y., in the class of 1817. He came to Batavia the same year and studied law in the office of Hon. Phineas L. Tracy. After his admission to the bar he became a law partner of Mr. Tracy. The firm of Tracy & Lay did an extensive law business in the territory now embracing the coun- ties of Genesee, Wyoming, and Orleans, and enjoyed a wide reputation and extensive acquaintance throughout the State. At that time the Genesee County bar was composed of lawyers of marked ability and talent. John B. Skinner, Daniel H. Chandler, Ethan B. Allen, Heman J. Redfield, Daniel B. Brown, Moses Taggart, Albert Smith, and many others attended the courts and were in full practice. Mr. Lay was a close practitioner under the old system, and was noted for his skill and dexterity as a pleader. The partnership ended in 1832. Mr. Lay was at that time elected to Congress. He then became a partner with James G. Merrill and Horace U. Soper. In 1840 he was elected to the As- sembly of the State of New York, and served as chairman of the canal committee. His canal report was characterized asa document of marked foresight and ability. In 1842 he was appointed Chargé d'affaires at the court of Norway and Sweden, and resided three years at Stockholm. After his return home his health failed, he became a confirmed invalid, and died October 21, 1860.

Isaac A. Verplanck, who was ranked as one of the of the ablest lawyers in Western New York, practiced for several years in Batavia. He was born October 16, 1812, and came to Genesee County in 1831. For a considerable time he was in partnership with John H. Martindale, the two forming a very strong law firm. Mr. Verplanck lacked the indus- try and indomitable energy which characterized his distinguished part- ner, but compensated by his masterly abilities, by his extensive know- ledge of the law, and his great forensic power. He was district attorney of this county from 1838 to 1842, and again in 1846. Soon after this he removed to Buffalo. He was elected one of the judges of the Superior Court of that city, and held the position during the remainder of his life. For the last three years he was chief judge. His death occurred Octo- ber 15, 1873.

Elijah Hurty, whose early death terminated a career of marked prom-

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ise and usefulness, was a man of scholarly tastes, genial disposition, and excellent character. He was born in Bethany, in this county, and when quite a young man became principal of Union School in Bata- via. Soon after his admission to the bar he formed a partnership with Hon. George Bowen, under the firm name of Hurty & Bowen., He died August 10, 1854, at the age of 32 years.

James G. Hoyt spent but a small portion of his professional life in this county, and although a sketch of his career is hardly within the scope of this article, yet so well was he known here that his name cannot prop- erly be omitted. He was born in Camden, January 25, 1806, and re- moved to Genesee County in 1812. His father died six years later, leaving a widow and nine children in such poverty that the future jurist was at once thrown upon his own resources. In 1830 he was elected a constable, and discharged the duties of his office with so much prompt- ness and intelligence as to attract the attention of leading business men. In 1834 he was elected justice of the peace, and the same year began to read law with Moses Taggart. Shortly after his admission to the bar he removed to Attica, which was then included in Genesee County. He gained almost immediate recognition as a lawyer of unusual industry, thoroughness, and ability. After a few years he removed to Buffalo, and was twice elected justice of the Supreme Court. In the discharge of the exacting duties of that office he gained a high reputation, and is re- membered by all our older lawyers as one of the ablest of the many emi- nent men who have filled the position. He died October 23, 1863. His widow, to whom he was married in 1831, still survives.

Probably no firm of lawyers ever enjoyed so varied and extended a practice in this county as Wakeman & Bryan, who were copartners from 1852 until the death of Mr. Bryan, which occurred in October, 1867. The combination was one of unusual strength. Seth Wakeman was a successful trial lawyer, while William G. Bryan was a counselor of learning and discretion. Mr. Wakeman was born in Vermont, January 15, ISII. His father was a soldier in the War of 1812, and died in the service, leaving a widow and a large family of children in destitute cir- cumstances. They soon removed to this county. When quite a young man Mr. Wakeman was elected a constable of the town of Pembroke, and it was by reason of his occasional duties at justices' courts that he became interested in law. In 1838 he was elected a justice of the peace, and six years later, at the age of 33, he was admitted to the bar. After a brief partnership with Joseph Sleeper the firm of Wakeman & Bryan

GENESEE COUNTY.

was formed. After Mr. Bryan's death Mr. Wakeman was for a time a partner of Judge Taggart, and afterwards, and up to his forced retire- ment on account of failing health in 1875, he was associated with Will- iam C. Watson, the firm doing an extensive business. Mr. Wakeman was a Whig until the dissolution of that party, when he became a Re- publican. He was elected district attorney in 1850 and served two terms. In 1856 and 1857 he was member of Assembly. In 1867 he was a member of the State Constitutional Convention, and in 1870 he was elected to the 42d Congress. As a citizen Mr. Wakeman was gen- erous, companionable, and kind. Distinctively a self-made man, he was always in warmest sympathy with every person whom he found strug- gling with adverse fortune. While eminently fair as a lawyer his strong- est antagonists always found in him " a foeman worthy of their steel." He was an admirable trial lawyer, and gained a splendid practice and reputation as such. Possessed of few of the graces of oratory, Mr. Wakeman was nevertheless a strong, trenchant, and convincing speaker. He died January 4, 1880

William G. Bryan was born January 28, 1822, in Brighton, England. He came to America and settled in Le Roy in 1830. His law studies were pursued with Albert Smith and with Moses Taggart. In 1851 he formed a partnership with John H. Martindale, which was soon dissolved by the removal of the latter to Rochester. In politics Mr. Bryan was an ardent Democrat, and was a trusted adviser in all party matters. He was a lawyer of decided ability, but from choice spent his time inside his office, preparing papers, giving counsel, and examining cases. He was a man of refined tastes, of scholarly attainments, and great personal worth. Between him and Mr. Wakeman the strongest attachment ex- isted. His untimely death, at the age of 45, was the result of an acci- dent. He had gone to Burlington, Iowa, on a visit, and while there, in endeavoring to control a frightened horse, he was thrown from a car- riage and killed. A public meeting of the citizens of Batavia was held on the sad occasion. His accomplished and estimable wife, for many years principal of the Bryan Seminary, still survives.

James M. Willett was born October 10, 1831. He graduated at the Albany Law School in 1856. In 1859 he was elected district attor- ney, being the first Democrat ever elected to that office in this county. He entered the army in 1862 and became major of the famous Eighth New York Heavy Artillery. In the fearful ordeal through which that regiment passed at Cold Harbor he was severely wounded. Upon re-

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joining his regiment, three months later, he became colonel, and to the close of the war commanded a brigade. After leaving the army he en- gaged in business in New York until 1870, when he removed to Buffalo and formed the well-known law partnership of Laning, Folsom & Wil- lett. The firm were the legal representatives of the New York Central Railroad, and did a large general practice. Colonel Willett continued to suffer from his army wounds, his health gave way, and he died June 6, 1877. He was a strong, well equipped lawyer, a genial and companion- able friend, a Christian gentleman. Few men ever practiced at our bar who had so strong a hold on the affections of his associates and the people at large.

Martin F. Robertson was a native of Genesee County, and passed his life in Batavia. He was possessed of decided ability,-fair legal learning, and was a good trial lawyer. As a man he was very companionable and popular. He died March 21, 1868, at the age of 48 years, never having married.

Benjamin Pringle, for many years one of the foremost citizens of this county, was born in the year 1807, at Richfield, in this State. He came to Batavia in 1830 and formed a partnership with Albert Smith, and later became a partner of Heman J. Redfield. He was judge of the county from 1841 to 1846. In 1852, and again in 1854, he was elected to Congress. In 1862 he was member of Assembly, and in 1863 Presi- dent Lincoln appointed him judge under a treaty between the United States and Great Britain for the suppression of the slave trade. He re- mained in the discharge of the duties of this office for seven years at Cape of Good Hope. Judge Pringle was a competent equity lawyer, but without special taste for the trial of causes. As a citizen he was pub- lic spirited and patriotic. In private life he was exemplary. For many years he was a warden of St. James's Episcopal Church, of which he was a devoted member. During his old age he divided his time between Batavia and Hastings, Minn., where his sons lived. He died at the latter place June 7, 1887. His remains are buried in Batavia.

Marlbro W. Hewitt, though never particularly active as a practitioner, was a respected member of the bar, and an esteemed and well-known citizen of Batavia. He was for a great many years a justice of the peace, and discharged the duties of that office with fidelity and unusul intelli- gence. Mr. Hewitt died February 23, 1880, at the age of 64 years.

One of the most interesting figures in the history of the bar of Genesee County and of Western New York was Gen. John H. Martindale. Al-

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though most of his professional life was passed in Rochester, whither he removed in 1852, he had prior to that time served two terms as district at- torney of this county, and had laid the foundation for his brilliant career as an advocate and orator. Having received a military cducation at West Point he entered the army at the breaking out of the Rebellion. He did active and efficient service in the field quite early in the war, and later served as military governor of the District of Columbia, with the rank of major- general. He was elected attorney general of this State in 1865. General Martindale became famous in his management of actions for damages for personal injuries brought against railroad corporations, par- ticularly the New York Central. His most frequent antagonist was that most brilliant and admirable trial lawyer, the late Albert P. Laning, of Buffalo. They tried a large number of cases opposed to each other in this county, and the memory of those days is an ever recurring delight. The court-house was always filled and the audience always entertained. The limits of this article forbid what might be made an interesting ac- count of this remarkable man. Always eloquent, he had the faculty of being most so in cases otherwise commonplace. The writer has heard many of his addresses to juries, but the most eloquent is remembered as his summing up in the case of Garwood against the New York Central Railroad, an action brought to recover damages for injury to plaintiff's mill-power by pumping water from the Tonawanda Creek into tanks, for the use of locomotive boilers. The theme was certainly not one which would seem to afford opportunity for a display of oratory, yet the speaker proved superior to the occasion, and the result was an address seldom equalled. Although of agrecable disposition General Martindale was rather easily ruffled when engaged in the trial of important cases. His wily opponent learned well his sensitive points, and never failed to take advantage of them. As General Martindale always appeared for the plaintiff in railroad cases he had the advantage of the closing address. He was quite fond, in talking to a Genesee County jury, of indulging in reminiscences, and often referred to his acquaintance with the fathers of some of the younger jurymen, and to old associations connected with Batavia. On one well remembered occasion, when Mr. Laning thought his florid antagonist would be apt to find opportunity for a display of this kind, he turned his weapons against him in that quiet and inimit- able manner so strikingly in contrast with the exuberant style of his op- ponent. He told the jury what the General would shortly proceed to narrate in their hearing, including all that Martindale could possibly say

THE MEDICAL PROFESSION.

about his early home, his dead partner, "the classic Verplanck," his friends and neighbors, the old church, etc. The result was that the ora- tor was compelled to change his tactics. The contests between Martin- dale and Laning will always be remembered by those who enjoyed the privilege of listening to and witnessing the efforts of these remarkable but wholly dissimilar men. In private life General Martindale was greatly esteemed. His character was above reproach, and he was a man of sincere piety. His personal appearance and bearing attracted admira- tion at all times. In ISSI he went to Europe ina vain search for health, but died at Nice, France, on the 13th of December of that year, at the age of 66.

THE MEDICAL PROFESSION.

1 N preparing a chapter upon the medical profession of Genesee County the writer, by direction of the publishers, has mentioned only those physicians now dead, or removed to other localities, leaving to the gentlemen canvassing the several towns the furnishing of information concerning those now living and in active practice. The scope of this work must necessarily be limited to little more than a mention of the names of the old physicians, their places of birth and education, the time when they practiced here, the dates of their death or removal, and a few items of special importance concerning them. It has been in some instances im- possible to learn all we desired about the early practitioners, but what we have written will, we think, be found reasonably correct.

The modern doctor who drives in an easy carriage, over smooth roads, and with everything needful to protect him from the hot sunshine or the storm, who charges good fees and collects the most of them, who has at his command the elegant and chemically accurate medical preparations of the present day, can have little appreciation of the labors incident to the practice of the pioneer physician, who rode on horseback through the woods, carried his medicines in saddlebags, dug out of the ground almost everything but calomel he prescribed, and did a very great deal of gra- tuitous work for the early settlers, who were not, as a rule, overstocked with worldly goods. It may be well to state in this place that in the olden time physicians received their diplomas from the medical society of the county in which they intended to practice, and not, as at present, from medical colleges.

THE GENESEE COUNTY MEDICAL SOCIETY.

IT appears that there was an association of physicians in Western New York, then nearly all in the county of Ontario, as early as the year 1801,

GENESEE COUNTY.

for we find the name of Dr. D. McCracken, of Batavia, as member of a medical society at that time. As, however, Genesee County was not or- ganized until the next year this could not be called in reality the Gene- see County Medical Society. Meetings were held each year until 1807, when a society bearing the above name was established under the law passed the year before, by which the New York State Medical Society was legally incorporated.

The first delegate sent from Genesee County to the State society was Dr. Levi Ward, of Bergen, 'who attended a meeting held at Albany, Feb- ruary 6, 1810. No other mention is made in the State Transactions of any delegate from this county until 1828, when Dr. J. A. Billings, of Batavia, was in attendance. The officers of his society at that time were: Dr. J. A. Billings, president; Dr. John Cotes, vice-president; Dr. Richard Dibble, secretary; Dr. O. P. Smith, treasurer; Dr. Frederick Fitch, Dr. Charles C. Ford, Dr. William H. Webster, Dr. J. K. Barlow, and Dr. Levant B. Cotes, censors. Several of these names appear in the history of the several towns, and some of them became famous.

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Gazetteer and biographical record of Genesee County, N.Y., 1788-1890, Part 6

Author: Beers, F. W. (Frederick W.), ed. 1n; Vose, J.W., and Co Publication date: 1890 Publisher: Syracuse, N.Y. : J.W. Vose & Co. Number of Pages: 920

Author: Beers, F. W. (Frederick W.), ed. 1n; Vose, J.W., and Co
Publication date: 1890
Publisher: Syracuse, N.Y. : J.W. Vose & Co.
Number of Pages: 920