USA > New York > Genealogical and family history of central New York : a record of the achievements of her people in the making of a commonwealth and the building of a nation, Volume II > Part 4
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much and studied so much was of great help in his school work. In 1857, when twenty-one years of age, he entered Macedon Academy, at Macedon Centre, New York. This school was founded for the purpose of giving a prep- aration for college, after leaving the district schools. He writes of it in 1891, on the occa- sion of the fiftieth anniversary of the institu- tion: "In recording the events of the past of old Macedon Academy I am sure none other than pleasant memories will be found in the events of her old students, and that such a record can contain little not to the credit of the institution, and very much tending to place it upon the highest plane occupied by those of its class." In 1858 he received a teacher's certificate, in which he was qualified as a teacher of the second grade, and was licensed to teach the common schools, but no record has been found showing that he took advan- tage of the certificate. In 1858 he returned to Albion, where he began his law studies in the office of Judge B. L. Besack, an office at that time noted for having the best law library in Orleans county, and there were many who wished to get the apprenticeship there. The late Hon. Irving M. Thompson at this time was practicing at Albion, and he had a case for trial at Waterport, New York; Henry A. Childs asked him for the privilege of taking the minutes of the case. The request was granted, and he took the minutes in long hand with such success that Mr. Thompson recom- mended him, at his request, for a position in the office of Sickels & Graves at Medina, New York. In this office his salary consisted of the amounts he obtained from the service of legal papers. In 1860 he was appointed deputy sheriff of Orleans county through the influence of John W. Graves, and at the time the Medina Tribune said: "Mr. Childs is a young man of great energy of character, of undoubted business capacity, and well fitted for the place. He will make a first rate officer." One of the Albion papers said : "He is a deserving young man, as we know from having while he was yet in his boyhood initiated him into the mys- teries of business." One of the first instances of his zeal in his profession and of his work for advancement is the following from the Medina Tribune in 1860: "Sent to the Work House: Taber Bentley was brought before Justice Bullock on Friday last, charged with assault and battery upon a Mrs. Fry. He was convicted and sent to the Work House for
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100 days. Mr. Henry Childs, a young man who had just commenced the study of law, conducted the prosecution and by his manage- ment won much credit." Although he was busy in the study of law and in his office as deputy sheriff, he still found time to interest himself in politics. He was always a great admirer of Abraham Lincoln, and never ceased his search for books on this famous man, fill- ing his library with nearly every volume writ- ten about him. On May 7, 1862, his applica- tion to practice as an attorney and counselor was granted. At that time the Medina Tribune said of him: "Mr. Childs has been a student in the law office of Sickels & Graves of this place for the last three years, and by close application to his studies and business has won for himself a host of friends and become well qualified for the practice of law. The class was one of the best admitted in a number of years, and we are informed that Mr. Childs was conceded by all to stand at the head, and by his promptness in answering and readiness to give his reasons, exhibited a knowledge of the law entitling him to a diploma to practice in all the courts of the state. We wish him all success in his profession." A Buffalo paper printed the following story, told by Justice Henry A. Childs to Justice Lambert and a representative of the Courier :
Well, every lawyer's first case is interesting to himself, and for that reason I will tell you about mine, with the distinct understanding that I am not talking for publication.
There were two other aspirants for admission to the har studying in the same office with me just before I was admitted to practice, and I well re- member how eager we were for the trial, when an old man who had been arrested for some crime came into the office and asked us to defend him be- fore the magistrate. I worked on that case with all my might, and developed a theory for the defense which pleased my colleagues so much that they thought they could win the case without me, and virtually kicked me out of it. Naturally I was in- dignant at such treatment. I knew pretty well the justice before whom the case was to come, and I went to him and told him how I had been treated. I asked him if he would appoint me to appear and try the case on behalf of the people. I left him in a more contented frame of mind.
On the day of the trial the other fellows appeared with their client, and I was a humble spectator in the crowd. When the case was called the justice looked around, and spying me, asked me if I would take the case for the people. Of course I did, and if ever I tried a case for all it was worth, that was defense, and had prepared myself to defeat it. the case. You see I knew already the theory of the Well, to make a long story short. I won the case.
The old man was convicted, and when he heard the verdict he muttered : 'If I had had that young feller for my lawyer. I'd a got off all right!' That pleased me immensely.
His first case before the court of appeals was September 28, 1863, and from that time on lie was engaged in various forms of litiga- tion before that court, in all of which he was universally successful. In the judicial conven- tion in Buffalo, New York, October 4, 1883, he was put in nomination for one of the su- preme justices in the Western District of New York, and in the November election he won by a very handsome majority. The Buffalo Express, October 5, 1883, said of Judge Childs: "The nominee for supreme court justice is tall, well built, and of pleasing appearance. He wears a neatly trimmed light brown beard, and his upper lip is clean shaved. In speaking he is deliberate. He is an affable gentleman, who makes friends with all." He was a Republican in politics, and held the office of district attorney in 1865 for three terms, with a care and success which prepared him for his higher position. In 1874 he formed a copartnership with Senator Pitts, and the firm was very successful. When he won the election for justice, many papers wrote con- gratulations, even those which were not Re- publican papers, and praise of him was wide- spread. One instance of what was written of him is the following from the Medina Register : "Although we are not of the same political affiliation as Mr. Childs, we are heartily glad of his election as justice of the supreme court in this district. From the time of his nomination there has been no doubt of liis election, and he made a most flattering run. It is seldom that any candidate has been up for office who has had so much said in his favor and so little against him as has Mr. Childs ; and the reason was plainly, that his political opponents had no cause to say aught derogatory to him as a man or a lawyer. Mr. Childs' career as a lawyer has been an honor- able one, and no one doubts that his career as a Judge will be the same."
'When he was employed in the office of John W. Graves, he became acquainted with his niece, Julia Billard Freeman, and after a short courtship they were married, November 16, 1859. She was a daughter of Orin and Permelia (Billard) Freeman, who lived in Onondaga county, New York. He died May 16, 1906. Children: Carrie, born April I,
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1861, in Medina ; married, October 7, 1885, William L. Marcy, and had Henry C., Esther and William L. Jr .; Mary, born December 25, 1863; John Edward, February 27, 1865, died" April 19, 1867 ; Milford W., mentioned below ; Anna, September 23. 1875, died May 10, 1882 ; Henry, November 19, 1879, died July 26, 1880; Julia, November 15. 1881, in Medina, married, October 7, 1908, Charles T. Brimson, and has William G.
(VIII) Milford W., son of Hon. Henry A. Childs, was born in Medina, September 28, 1869. He received his education at Hawley's private school in Buffalo, New York, and then took a four years' course at Williams College, from which he was graduated in 1893. Two years later he received the degree of LL.B. from the Buffalo Law School, and was awarded the Daniels scholarship prize for an essay on "Constitutional Law." He worked for a year after his admission to the bar as managing clerk for Marcy & Close. In Sep- tember, 1896, he formed a partnership with Wesley C. Dudley, and began practice in Buf- falo. In 1898 the partnership was dissolved, and he became a member of the firm of S. A. Cook & Co., manufacturers. The firm was in- corporated in 1908, and he was made secre- tary. He still holds that position, and is vice- president of the Buffalo, Lockport and Rochester Transit Co. From August, 1909, until February, 1911, he was receiver of the Buffalo, Lockport and Rochester Electric Rail- road Company, and at present is receiver of the Medina Gas Company. He is a Methodist in religion, and in politics a Republican. For three years he was a member of the Medina Board of Education. He is a member of the Buffalo University and Buffalo Auto clubs of Buffalo; member and director of the Alert Club of Medina : member of the Medina Lodge of Elks : of the Medina Lodge of Free Masons, of which he is past master; of Royal Arch Chapter, No. 281, in which he is high priest ; of Alpha and Omega Council, Royal and Se- lect Masters : of Geneseo" Commandery, No. 10, Knights Templar, of Lockport, New York, of which he is past commander; member of the Buffalo Consistory, A. A. S. R., and of Ismailia Temple, Mystic Shrine.
He married, June 1, 1898, Pearl Cook, who was born in Medina, daughter of Seeley A. Cook. Children : Adelaide, born April 5, 1900; Carrie, June 19, 1906; Milford W. Jr., Janu- ary 18, 1909.
This name, spelled both How and HOW Howe, is found at an early date in Massachusetts. The branch herein traced seems in all generations to have avoided the final "e," and from John, of Marlboro, down have given the family name the form of How.
(II) John (2) How was one of the peti- tioners in 1657 for the grant which constituted the town of Marlboro, Massachusetts. He was the son of John (1) Howe, supposed to be the John Howe, Esq., who came from War- wickshire, in England, and was a descendant of John Howe, son of John Howe, of Hodin- hull, and connected with the family of Sir Charles Howe, of Lancaster, in the reign of Charles I. John How (2) resided first in Waterbury, and in 1639 in Sudbury; died in Marlboro, 1687. He was selectman in Sud- bury, and in 1655 was appointed by the pastor and selectmen "to see to the restraining of youth on the Lord's day." He is said to have been the first white inhabitant to settle on the new grant (Marlboro). He came there in 1657 and built a log cabin in close proximity to the Indian plantation. He was always good friends with the Indians and often settled their- disputes among themselves. In one case a pumpkin vine sprang up on the premises of one Indian and the fruit ripened on the prem- ises of another. The question of ownership was referred to John How, who, with the wisdom of a Solomon, called for a knife, severed the fruit, giving each a half, a judg- ment said to have been perfectly satisfactory to both parties. His will mentions wife Mary, and children : John, killed by Indians ; Samuel ; Sarah, Mary, died young; Isaac; Josiah, of further mention; Mary; Thomas; Daniel; Alexander ; Eleazer.
(III) Josiah, son of John How, was in Marlboro, Massachusetts, in 1675, and served in King Philip's war. His estate was settled in 1711. He married, March 18, 1672, Mary Haynes, of Sudbury, who survived him and married (second) John Prescott. Children : Mary, died young ; Mary, died young ; Josiah, of whom further; Daniel, born May 5, 1681 ;. Ruth, January 6, 1684.
(IV) Josiah (2), son of Josiah (1) How, was born at Marlboro, Massachusetts, 1678, died September 20, 1766. He married (first), at Marlboro, December 14, 1706, Sarah Biglo (Bigelow) ; (second) November 22, 1713, Mary Marble. Children : Phinehas ; Abraham,
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of whom further; Rachel; Sarah; Mary; Josiah ; Jacob.
(V) Abraham, son of Josiah (2) How, was born in Marlboro, Massachusetts, April 6, 1709; settled in Brookfield, Massachusetts, where he died May 12, 1790. He married Martha Potter, born in Marlboro, 1711, died in Brookfield, December 20, 1791. Children, born in Brookfield: Ephraim, born November 23, 1733; Abraham, born January, 1735, died January 20, 1756; Abner, of whom further ; Sarah, October 24, 1738; Rachel, March 19, 1741 ; Martha, May 15, 1744; Persis, July 23, 1749; Eli, March 18, 1752; Abraham, March 4, 1758.
(VI) Abner, son of Abraham How, was. born in Brookfield, June 28, 1736, died there December 20, 1779; married, September 29, 1757, Sarah Lane, who survived him ; was dis- missed from the Brookfield church to the church in Jaffrey, New Hampshire, September 24, 1780. Children, born in North Brook- field: Adonijah, born July 24, 1758; Persis, September 3, 1760; Abner, January 11, 1763; Sarah, February 13, 1765; Rebecca, June 21, 1767; Job Lane, September 18, 1769; Eunice, November 16, 1771; James, of whom further ; Thankful, March 14, 1777.
(VII) James, son of Abner How, was born in North Brookfield, Massachusetts, March 16, 1774. He married and had a son James, of whom further.
(VIII) James (2), son of James (1) How, was born about 1810, died in Brooklyn, New York, and is buried in Greenwood cemetery. He was a prominent manufacturer and busi- ness man of Brooklyn for many years. He was president of the Atlantic White Lead Manu- facturing Company ; director of the Brooklyn City Railway Company ; director of the Brook- lyn Gas Company ; director of the Brooklyn Academy of Music; trustee of the Brooklyn Polytechnic Institute, and of the Packer Insti- tute (a seminary for young ladies). He mar- ried Celestine Wells of a prominent southern family on the paternal side. Her mother was of a Massachusetts family, her father of south- ern birth. Theirs was a runaway marriage, the bride's mother not being willing her daugh- ter should marry a slaveowner. Children of James and Celestine How : I. James. 2. Celes- tine Wells. 3. Mary Elizabeth. 4. Richard Wells, married Mary Brownson; children : Richard Wells, Josephine Wells, Celestine Wells, John Brownson, and Kenneth Gyose.
5. John Laidlaw, of whom further. 6. Susan. 7. Anne Kent. 8. Sara Kent. 9. Charles. 10. Child, died in infancy.
(IX John Laidlaw, son of James (2) How, was born in Brooklyn, New York, in 1848. He married, June 9, 1869, Sarah Louise Brownson, sister of his brother Richard's wife, and daughter of John and Caroline (Steele) Brownson. Caroline Steele was of Huguenot ancestry and daughter of a captain in the revo- lutionary army. Children: I. Sarah Louise, born June 24, 1870, died May, 1892. 2. Celes- tine Wells, died in infancy. 3. John Laidlaw, died in infancy. 4. James, of whom further.
(X) James, son of John Laidlaw How, was born in Brooklyn, New York, September 21, 1874. He was educated at the Polytechnic In- stitute, Brooklyn, and left school to enter busi- ness in 1890. He was employed first with the firm of Clarkson & Ford, New York City, but severed his connection with them in 1896 to accept a position with the Hartford Rubber Company, in their New York establishment, and in 1899 was advanced to the manage- ment of their branch house at Buffalo, New York. In 1906 he resigned his position with the Hartford Rubber Company to take the management of the firm of S. O. Barnum & Son Company, of Buffalo, of which firm he is now (1911) a member. Mr. How is a mem- ber of the Westminster Presbyterian Church, and belongs to the Saturn Club, the Country Club, and the Westminster Club. He married, April 28, 1903, in Grace Church chantry, New York City, Fanny Elizabeth, daughter of Theodore D. Barnum (see Barnum IV).
(The Barnum Line).
(I) Ezra Barnum was a resident of Dan- bury, Connecticut; married Jerusha and had issue.
(II) Ezra Smith, son of Ezra and Jerusha Barnum, was born June 21, 1792, in Danbury, Connecticut, died in 1877. He settled in Utica, New York, in 1809, and established an im- porting business known as Barnum's Bazaar, out of which grew the S. O. Barnum business of Buffalo. He was a man of importance in Utica. When Lafayette made his triumphal tour through the United States Mr. Barnum was one of the prominent citizens of Utica appointed to meet him at Whiteboro and escort him into the city of Utica. He was prominent in the Masonic Order; was grand king of the Grand Chapter of the Royal Arch Masons of
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New York state, and grand captain general of the Grand Commandery of Knights Tem- plar of the United States. He was made a Mason in 1817. He married, in 1815, Mary, only daughter of John and Jane Ostrum. Chil- dren: Stephen Ostrum, of whom further; Richard : George; Sarah ; Jane, married David Golden; Samuel; Mary; Ezra; Eliza, married J. C. McIntosh.
(III) Stephen Ostrum, son of Ezra Smitlı Barnumı, was born in Utica, January, 1815, died in Buffalo, October, 1899, and is buried in Forest Lawn cemetery. In 1845 he founded in Buffalo the wholesale and retail novelty business of Barnum Brothers, at 265 Main street, following the same lines that his father so successfully followed in Utica. He was very prosperous and left a business firmly es- tablished. He was a director of White's Bank of Buffalo, and a man of influence in the Democratic party. He was offered the nom- ination for mayor of Buffalo, but would not consent to run for office. He married, in Utica, in 1841, Elizabeth Chatfield. Children: I. Theodore Downs, of whom further. 2. Henry, died unmarried. 3. Frederick, de- ceased ; was an active member of the Buffalo Volunteer Fire Department, belonging to Hose Company No. 11. 4. Frank, died at the age of sixteen years. 5. Fanny, died at the age of thirteen years.
(IV) Theodore Downs, son of Stephen Ostrum Barnum, was born in Utica, New York, April 23, 1842, died in Buffalo, 1901. He was educated in the Buffalo schools and Canandaigua Military Academy. He served in the civil war as captain of Company C, 74th Regiment. Later he became associated with his father in business and on the death of the latter succeeded him, but only continued same one year after the latter's death. He was a Republican and an elder of Westmin- ster Presbyterian Church. He was a member of the Grand Army of the Republic, and of the Buffalo Club. He married, June 21, 1864, in Cleveland, Sarah Whitney, born 1843, daughter of Rev. Jolin Thomas and Sarah Avis (Whitney) Avery. Rev. John T. Avery was born in New Lebanon, in 1807, died in 1896 ; married Sarah Whitney, born 1816, died 1893, daughter of Harry and Sarah (Canfield) Whitney, the latter born 1793, died 1868. Rev. John T. Avery was a son of Wil- liam Thomas and Phoebe Throop Avery. Wil- liam Thomas was a son of Nathan Avery, a
soldier of the revolution. Children of Theo- dore D. Barnum: I. Fanny Elizabeth, mar- ried (first) April 8, 1891, Langford Spencer Keating, born in Buffalo, June 2, 1868, died May 31, 1899 ; child: Theodore Barnum, born January 5, 1894; married (second), April 28, 1903, James How, of Buffalo. (See How X). 2. Evelyn Avery, born July 16, 1880, died November, 1899. 3. Stephena Ostrum, mar- ried Ralph H. Sidway. (See Sidway).
SPAULDING The name Spalding appears
as a patronymic quite early in English history. It was
derived from the town of Spalding, in Lincoln- shire, England, but how the name originated is a matter of conjecture, possibly from the tribal name Spaldas, which may have been left by the Romans when they abandoned the country in 600 A. D. The name Spalding was very early introduced and extensively used in England and Scotland, but whether the families descended from a common an- cestor cannot be stated. The spelling of the name is uniformly the same, Spalding, and the given names, with the exception of one or two in the Maryland branch, are common to all the families both in this country and in Great Britain. The family in England bore arms, the prevailing colors being the same, which would suggest a common origin. The letter "u" in the name, making it Spaulding, was first introduced in America in the wills of some of the children of the emigrant an- cestor. Nothing can be told of his English history, although the tradition is that he came from Lincolnshire.
The first known authentic record of the Spalding family in America appears in a Vir- ginia state document (Senate Report) entitled "Virginia Colonial Records," published in 1874, and includes an account of the Virginia colony. In 1607 the first emigrants to success- fully form a permanent colony landed in Vir- ginia. For twelve years after its settlement the colony was ruled by laws written in blood, the colonists suffering an extremity of distress too horrible to be described. Of the thousands who had been sent to Virginia at great cost, not one in twenty was alive April, 1619, when Sir George Yeardley arrived. The prosperity of Virginia began from this time, when it re- ceived as a commonwealth the freedom to make laws for itself. The first meeting was held July 30, 1619. more than a year before
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the "Mayflower" with the Pilgrims left the harbor of Southampton. Conclusive evidence proves that Edward Spalding came over from England with Sir George Yeardley in 1619, or about that time. Documentary evidence proved that he was fully established with his family in the Virginia colony in 1623, as his name appears in "Virginia Colonial Records" previously alluded to, in the "lists of the Liv- ing and Dead in Virginia, February 10, 1623," under the caption of "Attorney James Citie and within the corporation thereof" is to be found in "List of the Living," "Edward Spalding, u.ror Spalding, puer Spalding, puella Spalding"; and again in the same list, under the caption "more at Elizabeth Cittie," "Edmund Spalden."
(I) The supposition is that Edward and Edmund Spalding came from England together about 1619: that some years later Edward went to the Massachusetts colony, while Edmund joined the Maryland colony and was the progenitor of the Maryland branch. This record deals with Edward Spalding, and the branch settled in Buffalo, New York. Prior to settling in Massachu- setts, Edward may have lived some years in the Bermudas, then called the Summer Islands. By what means he reached Massachusetts is not positively known, but it may be supposed that he was jointly interested in the owner- ship of a trading vessel, as Captain Hartt, a master mariner, was a member of his house- hold. It is also believed that he arrived at Braintree, Massachusetts, in 1634, as the first permanent records of that town show births and deaths in his family from 1640 to 1641. He was made a freeman of Braintree, May 13, 1640, which proves him a member of the Es- tablished Church. He next appears as a set- tler in Chelmsford, and when Newfield was settled he was one of the proprietors. He was selectman three years, surveyor of high- ways, and in 1664 special mention is made of his fine orchards. He died February 26, 1670. Two of his sons and seven grandsons emi- grated to Plainfield, Connecticut ; others set- tled in Vermont, and wherever new towns were settled there was a Spalding, until today descendants of Edward Spalding may be found in every state or territory north, west or east. His first wife, Margaret, died in Braintree, in 1640. Children: John, Edward, Grace (buried in Braintree, May, 1641). By second wife, Rachel (mentioned in his will), he had:
Benjamin, born April 7, 1643; Joseph, Octo- ber 25, 1646; Dinah, March 14, 1649; Andrew, November 19, 1652.
(II) Lieutenant Edward (2) Spaulding, son of Edward (1) and his first wife, Margaret Spalding, was born about 1635, died January I, 1708. He was made a freeman March II, 1690; representative to the general court in 1691 ; he is buried in the Chelmsford burying ground, where the epitapli reads: "Hére lyes the body of Lieut. Edward Spolden, aged 72 years, who deceased on Janry ye 10, 1707-8." He married (first), July 6, 1663, Priscilla Un- derwood, Governor Endicott performing the ceremony ; married (second), November 22, 1681, Margaret Barrett who died May 25, 1748. Children : Dorothy, born April 3, 1664; Deborah, September 12, 1667; Edward, Au- gust 18, 1674; Ebenezer, of further mention ; Esther, February II, 1700; Sarah and Mar- garet.
(III) Ebenezer, youngest son of Lieutenant Edward (2) and his second wife, Margaret (Barrett) Spaulding, was born January 13, 1683; he was a cooper, and removed from Chelmsford to what is now Hudson, New Hampshire; also owned land in Nottingham, same state, which he conveyed February 3, 1743. He married Anna -: children : Edward, of further mention; Bridget, born December 25, 1709; Experience, March 22, 1711; Esther, February 22, 1712 ; Reuben. died young ; Stephen, born May 28, 1717; Sarah, November 27, 1719; Mary, May 4, 1724; Reuben, July 26, 1728; Anna, November 30, 1731.
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