Geographical gazetteer of Jefferson county, N.Y. 1684-1890, Part 9

Author: Child, Hamilton, 1836- [from old catalog] comp; Horton, William H., [from old catalog] ed
Publication date: 1890
Publisher: Syracuse, N.Y., The Syracuse journal company, printers and binders
Number of Pages: 1384

USA > New York > Jefferson County > Geographical gazetteer of Jefferson county, N.Y. 1684-1890 > Part 9

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

David W. Bucklin was admitted in 1811. He soon attained the first rank in the profession. He was district attorney for many years. The description of Mr. Bucklin is best given in Mr. Clarke's address before referred to, and is here quoted. He says, after speaking of Micah Sterling : "The equally tall and more robust form of David W. Bucklin, with his powerful enunciation, sometimes withering rebuke and sarcasm, bearing down his adversary by the

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very force of his presence, and frightening the witness out of his falsehood or integrity, no matter which, by, so to speak, the momentum of his appear- ance. This gentleman became afterwards involved in politics, went to the leg- islature, removed to New York, and died ; and his mantle descended upon George C. Sherman, Esq., his partner. The last time I heard him speak was in the Court of Sessions in defending a prisoner on a charge of theft ; and the question of intent was strictly involved ; in the language of the books the animus furandi, literally translated, 'intent to steal.' In suming up to the jury Mr. Bucklin, in his impassioned manner, urged this principle, and, if I recollect right, successfully : that the legal term animus furandi signified a furious mind, 'a most furious mind, gentlemen of the jury !' and that his cli- ent's conviction or acquittal depended upon 'whether he, this poor, puny, half-starved, misbegotten creature, had a furious mind when he took the prop- erty. I tell you, gentlemen, the thing is impossible.'" " I could not deter- mine," says Mr. Clarke, " at that time, though Mr. Bucklin had himself been district attorney, but was not burdened with classical learning, whether he was in earnest or jest in his argument; but from his manner every one would be led to believe that he was in dead earnest."

John M. Canfield was born in Sharon, Conn., December 22, 1775 ; studied law in the office of Judge Ambrose Spencer, at Albany, and completed his studies, and was admitted as an attorney in 1796. He then went to Catskill, and practiced there till 1810, when he came to this county and located in Brownville. He soon formed a copartnership with William Brown, under the firm name of Canfield & Brown. In 1813 he was appointed collector of direct taxes by James Madison, then President of the United States, and about this time he removed to Watertown ; and from the record it would ap- pear that the firm for a short time practiced in Watertown. In 1819 he was appointed collector of the port of Sackets Harbor by President James Mon- roe, and removed to that place. He continued as such collector till 1828, during which time he did very little practice as an attorney, and afterwards did very little business of any kind. He died July 9, 1849. He married Fanny Harvey, of Stamford, Conn., by whom he had 11 children, of whom Theodore Canfield, of Sackets Harbor, is the only survivor.

Harlow Emerson came originally from Norwich, Conn. He studied law in the office of Micah Sterling, and was admitted in 1815. Of him the follow- ing from Mr. Clarke's address is quoted: " Mr. Emerson, now deceased, was one of the old members of the bar of this county, and somewhat distinguished as a special pleader. He was arguing a demurrer to a complaint upon a promissory note; a complaint, plain, simple, without fault or blemish. I believe the demurrer took umbrage at some ancient formality, as charging that the defendant fraudulently intending to injure and had not paid, etc. The demurrer was obviously interposed for delay, and perhaps for fun, as at that period it sometimes occurred. Mr. Emerson, quite unnecessarily, but casually, stated to the court the office of a demurrer, and the derivation of the

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term, which is from the Latin demorare, or old French demorien, to wait, stay, delay, etc. The presiding judge (McKnight), after the statement of the case, and without hearing the other side, after a few moments' consultation with his associates, said, ' we think the demurrer well taken.' Mr. Emerson, in utter amazement at the absurdity of the thing, and under the impulse of the moment, and the influence of a habit contracted in early life when a sailor, thrown off after the gown was assumed, but coming strong upon him at the time, replied : ' The hell you do!' The judge, without taking the least umbrage at this very emphatic interjection, set about to vindicate the decision upon the very principle and definition stated by the counsel, which the court entirely appreciated: that the demurrer being for delay had performed its office agreeable to the defendant, and so why not well taken, in the name of common sense. This discussion and decision produced such an irresistible impulse of laughter that the whole bar was convulsed, and Mr. Bucklin, in the utter exhuberance of mirth, arose, clapped his hands, and hurrahed in open court. This was said to have been one of the scenes in the old Court of Common Pleas in its early history, when the wild woods were bowing beneath the sturdy stroke of the stalwart men of the new settlement, and ceremonials yielded to the sterner exigency of life."

Mr. Emerson was a great student of the sciences and general literature ; a thorough scholar. His mind was particularly adapted to the science of the law, and he was notorious in the special pleadings of the old practice, which was the perfection of logic. He was the father of Fred Emerson, now a prominent and influential citizen of the city of Watertown. Mr. Emerson died June 24, 1846.

H. W. Channing, of whom but little is known, studied law with Judge Ten Eyck; was admitted to practice in July, 1812, and was for several years a partner of Ten Eyck under the name of Ten Eyck & Channing; and in 1821 his name appears among the list of attorneys in the city of New York.

Samuel A. Talcott was admitted in 1813, and is said then to have resided in Watertown, but soon removed to Lowville. He was the father of the late Judge Talcott, of Buffalo. Samuel A. Talcott became attorney-general of the state, and was reputed the greatest forensic orator in the state. He died at the early age of 36 years, leaving a reputation belonging to the state at large rather than to any particular locality.

Barnabas Yale resided in Martinsburg in 1814, when he was admitted to practice, and resided there in 1821. He had but little practice in this county. His descendants, it is said, reside there now, and his history belongs more properly to Lewis County. Martinsburg was then the county seat of that county.

Thomas C. Chittenden lived at Adams ; was admitted to the bar in 1813, where he did an extensive law business till 1840. He had a fine dignified presence, was a good speaker, and always came into court thoroughly pre- pared. He was one of the ablest lawyers at the bar. He was elected to

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Congress in 1838 and again in 1840 ; was in that year appointed first judge of the county, and removed to Watertown, and lived there the remainder of his life. He died full of years and honors. He was a perfect verification of the old adage, that lawyers work hard, live well, and die poor.

John Cook .- Of his history or residence nothing has been ascertained.

H. Leavenworth .- The same is said of him.

Cornelius Low resided in Lowville. He was the proprietor of a large tract of land in Lewis and Jefferson counties, of whom Isaac W. Bostwick was agent. His object in being admitted to this court is not so obvious. His name as an attorney appears upon the record a very few times, if any. There is no record of his attaining any reputation in this state anywhere as a lawyer.

Samuel Beardsley was admitted to practice in 1815. He then resided at Watertown, but remained here only a short time, when he went to Whites- borough, Oneida County, and thence to Utica, where he became one of the leading lawyers of the state. He was appointed one of the justices of the Supreme Court, and was chief justice when the constitution of 1846 went into effect. His history is a part of the judicial history of the state.

J. Rossiter studied law in the office of Daniel Wardwell at Mannsville ; was admitted in 1815, and was a partner of Daniel Wardwell under the firm name of Wardwell & Rossiter for several years, when his name disappears from the record. His subsequent history is unknown.

George Smith, who was admitted in 1815, resided in Watertown, and was a resident there in 1821. From the record it appears he did considerable business. Beyond this, strange as it may appear, nothing has been learned of the man or his history.

Baron S. Doty, admitted in 1817, resided in Martinsburg. What is said of Barnabas Yale and of his history is all that can be said of him. His his- tory belongs to Lewis County. It would seem that some in the adjoining counties, and who never resided in this, were admitted to enable them to practice in this court. Others after being admitted, or after practicing here for a short time, left to make and leave a reputation and history in some other locality.

Enoch Ely was admitted in 1813 ; was a partner of Elisha Camp, under the firm name of Ely & Camp. Nothing definite as to his character or his- tory has been ascertained. It cannot be learned that he was in any way related to the other Elys residing in Watertown and Brownville. The record shows that he resided in Sackets Harbor and was a partner of Elisha Camp in the law practice for a short time, and that is all.

Amos Holton was admitted in 1815 ; resided in Sackets Harbor, and for a number of years did quite a large law business, as we learn from the record. Quite an extensive inquiry has been made in that village and elsewhere in the county to ascertain more of the history and character of this man, but without success.

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Charles Dayan resided in the county of Lewis, and like many other attor- neys of that county was admitted to practice as an attorney in the Jefferson Common Pleas. He was an able lawyer, and a good and fluent speaker. For many years he was known as a member of the firm of Dayan & Parish. He for a long time did considerable business in the courts of this county. An anecdote is related of him which, as illustrating the character of the man and court during those days, is here given :-

" He was trying a cause in that court, when he anticipated the same degree of deference as he was accustomed to from judges of his own county. During the progress of the trial he raised some objections to the evidence or other questions, which the court seemed inclined to hold against him, despite a most earnest argument to the contrary, and at length, as if he thought to explode a petard upon them, said : ' May it please your Honors, if it is possi- ble, that your Honors shall hold this point against me, I have to say to your Honors, with great regret and entire deference to the court, but with a full sense of my own rights and my imperative duty, however disagreeable it may be to your Honors, I shall certainly be under the painful necessity of taking an exception to your Honors' ruling.'"

Mr. Dayan was a sociable and very agreeable man, and highly respected by all. He died many years since.

John McCarty resided in Hounsfield ; was admitted in 1820. Thorough inquiry in that town has failed to discover anything of his history. The records do not show that he did much business in this county. He probably soon removed to, and made a history in, some other location.

Horatio Shumway was admitted in 1820; in February of that year was appointed district attorney, and was succeeded by David W. Bucklin in February, 1821. Soon thereafter he removed to Buffalo, where he resided the remainder of his life.

George P. Bond was admitted in 1822 ; is supposed to have resided in Adams. Nothing further has been learned of his history.

Dyer Tillinghast, admitted in 1822, resided at Sackets Harbor. He also removed to Buffalo very soon thereafter.

Benajah B. Phelps, admitted the same year, is also reported to have lived in Sackets Harbor. No reliable facts regarding his history have come to hand. (In the History of Jefferson County, published in 1877, he is recorded as living in Rodman.)

John Adams was admitted in 1823 ; resided in Watertown, and for a time was a partner of Harlow Emerson. He then removed to Monroe, Michigan, where he died many years since.

Perley G. Keyes, admitted in 1824, was the only son of Judge Perley Keyes, and always resided in Watertown. He was possessed of considerable wealth, practiced law but little, was a prominent Abolitionist, and very active in that line. He died of apoplexy many years since, leaving Rev. Richard G. Keyes, his only heir, surviving him.

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Edward Fowler, admitted in 1825, resided at Ox Bow, in this county, and resided there in 1836. He had a limited practice, but is reputed to have been a highly respectable citizen and good counselor.

Alexander W. Stowe, admitted in 1826, came from Lowville, and located for a time in Sackets Harbor. He is reputed as having great brilliancy and ability as a lawyer, though somewhat eccentric in his character. He remained there only a short time, when he left and located in one of the Western states, where he became a judge of one of the highest courts, and attained a repu- tation as an able jurist.

Orson Parker was admitted the same year, and of him nothing can be learned : whence he came, where he resided, or whither he went.

Of Marenus W. Matthews, admitted in 1828, the same must be said.

Of Stockwell Osgood, admitted in 1829, the same must be said. It is quite probable that soon after their admission they left to practice their profession, or at least to engage in some business, in some other locality. Hough's History gives the name as one of the trustees of Union Library, formed August 14, 1824, in Cape Vincent ; and Everts & Co's History the name of S. Osgood as attorney in Adams in 1821.

Edmund M. Eldridge, admitted in 1829, resided in Belleville ; and resided there in 1836, and many years later. He had considerable reputation in his immediate vicinity, but less reputation as a lawyer in the county at large. He finally removed to La Fargeville, and represented the town of Orleans as super- visor in the county board of 1843.

Edwin Dodge studied law in the office of Sterling & Bronson, and was ad- mitted in 1829. Sometime prior to 1836 he located in Gouverneur, St. Law- rence County. He became one of the most wealthy and influential men of that county ; was elected to and held the office of county judge for many years. His history belongs rather to the bar of that county than to this.

William A. Green was admitted in 1830; studied law in the office of Jus- tin Butterfield, to whom he was in some way related by marriage, and whose office was in Sackets Harbor. After Mr. Butterfield moved to Watertown he went to Sackets Harbor and took Mr. Butterfield's business, and after about two years he went to New York, and resided in Brooklyn until a few years since, when physical inability compelled him to abandon the practice of law, when he came to and located in Watertown. He was a clear headed, able, and learned lawyer, and very successful, both in getting business and in doing it. He now boards with Rev. Richard G. Keyes, is a very sociable and agreeable gentleman, and is very interesting in his reminiscences of the bar of this county and of the character of its members.

John W. Tamblin was admitted in 1831. He resided at Evans Mills, and married the daughter of Judge John Macumber. He early engaged in poli- tics, and never had a very extensive law business. He had great influence and strength in the political party to which he belonged. He was elected assemblyman several times, and served one term of four years as senator.

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·Sometime after 1840 he removed to Watertown, and for several years was ·editor of a weekly paper. Mr. Tamblin was a great reader ; but his reading was mostly of that kind which stored the mind with scientific facts and theo- ries, but added little to his practical knowledge. He died leaving behind him no appreciation of his actual knowledge or learning, for the very reason that he left no evidence of any application of it of any value or interest what- ever.

Of Alfred D. Rathbun, admitted at the same time, nothing has been learned.

Edward B. Hawes, admitted the same year, resided at Belleville. He was for many years engaged almost daily in trying suits in justice's court, at which he was an expert. He had good legal ability, but was eccentric in his char- acter. No man in the southern portion of the county was better known than he. He was generous to a fault. He was alternately very pious and very profane ; yet no one had more charity extended to him for his faults than he. After a long life of excitement he died, avowedly looking upon the grave as a place of rest.

William Ruger, admitted in 1831, was noted as a great teacher of mathe- matics, teaching what was called select schools in various parts of the county, and was the author of Ruger's Arithmetic. About 1836 he formed a copart- nership with Charles Mason, who came from Madison County, and who about 1840 returned there to practice. Ruger then formed a copartnership with Joshua Moore, then living in Brownville, under the firm name of Ruger & Moore. He was elected state senator about 1838, dying in 1842. He was reputed a sound lawyer, but a poor speaker. He was an uncle of the present chief justice of the Court of Appeals.

Andrew Z. McCarty resided in this county when he was admitted in 1831, but very soon thereafter moved to Pulaski, where he resided, practicing his profession till his death a few years since. His history belongs to Oswego County.

William H. Shumway, admitted this year, was a peculiar character. No man was better known throughout the county. He never married, and was at times very intemperate, losing all his business, and suddenly reforming would regain the confidence of the community and his business. The muta- tions often occurred. He finally left Watertown and went to Oswego, into the insurance business, where his alternating habits followed him. Thence he went to Syracuse, and finally got into the state law library there as assist- ant. He died in that capacity. It was said he got nothing for his services, except what lawyers paid him for looking up books and authorities for them, at which, it was universally conceded, he was an expert.

Of Henderson Spencer, admitted the same year, nothing is known.

Jason Marsh, admitted this year, lived and practiced the law for several years in Adams, where he resided. Nothing has been learned of him except what appears upon the record. It appears that for some time he did consid-

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erable business, and was there in 1836. Probably a more extensive inquiry in Adams might discover some one who could give more particulars of his life, but they have not been found from the inquires made.

Of Albert Richmond, admitted in 1832, and of Peter Yates, admitted in 1833, and Ahera G. Eastman, admitted in 1835, nothing is known.

Samuel G. Watson studied law in the office of C. E. & J. Clark; was ad- mitted in 1832, and located at Sackets Harbor; was there in 1836. He sub- sequently located in Pulaski. He was a man of fair ability and industry; respected by the community. He was postmaster at Pulaski for a number of years.

Augustus Ford, admitted in 1833, was a son of William D. Ford, and re- sided in Sackets Harbor. He was respected for his legal ability and great social qualities. While at Sackets Harbor he was an intimate associate of the officers at the garrison there, among whom was General Grant. For a long time many soldiers and officers were stationed at Sackets Harbor, until at length nearly all were ordered away ; and when this was done the town became dull, and the lawyers from time to time left. Mr. Ford went first to Buffalo, and, after staying there a short time, he went to New York ; located in Brooklyn, where he now resides.

Nathan Rathbun, admitted in 1833, lived in Brownville ; had a good rep- utation and business in his profession. How it happens that he was one of the counsel who defended Evans for murder in the Oyer and Terminer, in 1828, when he was not admitted to the Common Pleas till 1833, five years after, can be accounted for only upon the supposition that in 1828 he had been admitted to the Supreme Court, and not to the Common Pleas till 1833. There is none of his family now remaining in Brownville or in the county so far as can be ascertained.

John S. Bagg resided in Watertown ; was a brother of an eminent physi- cian who resided here ; and soon after his admission, in 1834, removed to Detroit, Michigan. He formed and left behind him no reputation as a lawyer.

Anthony Ten Eyck, admitted this year (1834), was a son of Judge Egbert Ten Eyck. He also soon after his admission removed to Detroit, where he gained considerable reputation as a lawyer, and died several years ago.

George A. Benedict, admitted at the same time, was a son of Amos Ben- edict, and soon after his admission he removed to Cleveland, Ohio, where heypracticed law for awhile, and at length was part proprietor of a daily paper in that city, until his death several years since.

Charles Mason came to this county from Madison County in 1835, and was admitted to the Common Pleas. He soon thereafter formed a partner- ship with William Ruger, which continued till 1839, when it was dissolved, and he returned to Madison County, where he practiced law till he was elected judge of the 6th district under the constitution of 1846. He filled this office two terms, when he was appointed clerk of the Circuit Court

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located at Utica, which office he filled till his death. His reputation belongs to the state rather than to this county or this district.

Charles Hayden, admitted in 1819, lived in Richland, Oswego County. His history belongs to that county.

David Brooks, Jr., was admitted in 1819, and all that is known of him is that for awhile he was a partner of Justin Butterfield, under the name of But- terfield & Brooks, and resided in Sackets Harbor.

Of Abel P. Vosburgh nothing can be learned. Whence he came, where he resided, and whence he went is unknown.

Nothing of David Perry has been ascertained. Admitted in 1811, he did considerable business, but his name is not found on the list of attorneys of 1821.

Daniel Wardwell, admitted in 1814, then resided in Mannsville. J. Ros- siter, probably a student in his office, admitted the year after, became his partner. The firm of Wardwell & Rossiter appears upon the record for sev- eral years. Mr. Wardwell removed to and practiced in Adams. He was appointed judge, and first sat on the bench at the December Term, 1824, the last time in December, 1826. He was elected congressman three suc- cessive terms, representing Jefferson County six years. He is reputed as a man of ability and integrity, and has left surviving a highly respectable family. One of his sons is now living in Adams, and another in Rome.

William D. Ford, admitted in 1817, is recorded as living in Sackets Har- bor. There is some evidence that at one time he had an office and practiced law in the then village of Watertown. For many years he was a prominent member of the bar. He was the father of Augustus Ford hereinbefore men- tioned.

Justin Butterfield was admitted to the bar of Jefferson County Common Pleas in 1813, and had an extensive law business until he went to Chicago in 1840. There is evidence that he was located in Watertown most of the time, and a part of the time in Sackets Harbor. During the time he had severel partners, among whom was David Brooks, Jr. In the opinion of many of his cotemporaries he was the ablest lawyer in the county. He left behind him a brilliant reputation, which still lingers in the memory of the older inhabitants, and has been transmitted to and believed by those who never saw or heard him. There are many incidents of his professional life, of his genius, tact, and mental acuteness, worth recording, which would be appropriate in an extended history of his life, but which the limits of this article will not permit. He acquired a good reputation in Chicago. He defended the prophet Joseph Smith before Judge Pope, and there were sev- eral jurymen by the name of Angel. His opening address to the jury on this occasion was, "May it please the court, I arise before the Pope in the presence of angels to defend the prophet of the Lord." There are many versions of this address, but the above is given as the substance of what he actually said.

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Gouverneur M. Bucklin, admitted in 1836, was a son of David W. Bucklin. He inherited from his father his physical development, voice, and " volubility of tongue," but not his industry or ambition. He lived in Watertown till about 1840. He had no business for the reason he would not do it. He married a very estimable lady about this time, a Miss Abbey, and removed to Carthage, where he remained several years and did very well. He then removed to New York and had an appointment in the custom-house, which he held through all administrations until his death. He had most extraor- dinary conversational powers, commanding attention in whatever social posi- tion, high or low, he was placed. With brilliant talents nothing prevented his success but want of application. He died several years since at his resi- dence in Jersey City.

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Geographical gazetteer of Jefferson county, N.Y. 1684-1890, Part 9

Author: Child, Hamilton, 1836- [from old catalog] comp; Horton, William H., [from old catalog] ed Publication date: 1890 Publisher: Syracuse, N.Y., The Syracuse journal company, printers and binders Number of Pages: 1384

Author: Child, Hamilton, 1836- [from old catalog] comp; Horton, William H., [from old catalog] ed
Publication date: 1890
Publisher: Syracuse, N.Y., The Syracuse journal company, printers and binders
Number of Pages: 1384