Growth of a Century : as illustrated in the history of Jefferson County, New York, from 1793 to 1894, Part 58

Author: Haddock, John A. 1823-
Publication date: 1894
Publisher: Philadelphia, Pa. : Sherman
Number of Pages: 1094

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He was undoubtedly the ablest lawyer of his time. He had no superior in the examina- tion of a witness. It was said that, under his rigid cross-examination, no one could avoid telling the truth. His perceptions were quick and keen. He seemed to have an in- tuitive knowledge of the inner nature of men, and of their motives and habit of thought. He was not, in later years, so close a student among his books, for he depended largely

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THE GROWTH OF A CENTURY.

upon his able partner, Mr. Lansing, for the preparation of cases, but when he came be- fore a jury he was almost irresistible. He was then full of energy, exhibiting an ex- uberant flow of spirits that took quick pos- session of the court and the jury, and he could make them laugh or cry as became his present mood. He had a power of mimicry the writer has never seen equaled off the stage.

Taking him all in all-viewed in the light of his early struggles, his judicious use of every favoring gale of fortune, the solidity of his foundation in the law, the mobility and wonderful activity of his mind, the versatility of his unusual capacity, the power of his imagination and yet his readiness to handle material things, he appears to me now as a wonderful man, one whom society could ill spare. He possessed nearly every human ex- cellence, and the writer drops a sincere tear of regret upon the tomb of one whose kind- ness to a poor boy in his office is recalled often and lovingly. He was a man fit to stand before kings. He was well appreciated, as he should have been. To one who knew him well, this tribute to his memory sounds much below what it deserves. J. A. H.

Egbert TenEyck graduated from Williams College, in Massachusetts, read law in Albany, and moved to Champion soon after 1800. After remaining there a few years, and soon after the organization of the county, he removed to Watertown and opened a law office. In 1812 he was elected to the Assembly, and in 1820 was appointed first judge of the county, and held the office for nine years He ran for Congress in 1822, but was defeated by Ela Collins, of Lewis county. He ran in 1824 and was elected. He was one of the side judges of the Jefferson Common Pleas in 1840. He took an active part in the promotion of religious, agricul- tural and other interests in this county, and for 40 years was a prominent citizen, and one of the most trustworthy and reliable lawyers. He died in Watertown in 1844, at the age of 69 years. He was father-in-law of the late Judge Mullin.

Levi H. Brown was born in the town of Lorraine, March 25, 1818. His father, Aaron Brown, was a wealthy farmer and a promi- nent citizen of that town. When 19 years of age, Levi H. commenced to obtain an educa- tion, and prepared for college in the Belle- ville Academy. He entered Union College in 1841, graduating in 1843; studied law in the office of Judge Jones in Schenectady, and in the office of Calvin Skinner at Adams, and was admitted in 1846. He practiced in Adams until June 1, 1852, when he removed to Watertown, and formed a partnership with Joshua Moore, under the name of Moore & Brown. This firm did a large busi- ness. Mr. Moore died in April, 1854, when Mr. Brown formed a partnership with Hon. Allen C. Beach, under the name of Brown & Beach. Upon the death of Mr. Moore, the responsi- bility of a large and important business de-

volved upon Mr. Brown, and he in all re- spects proved equal to the occasion. This firm did a large and increasing business until 1871, when Mr. Beach was elected Lieutenant- Governor, and the firm dissolved. Mr. Brown has since and now practices alone, ex- cept for a short time. He held many local offices-supervisor, mayor, etc. Of the vast business he has done, and the intense and un- tiring labor he has performed, much might be written. His cases were thoroughly pre- pared, and his arrangement and presentation of the facts and evidence to the jury were un- excelled. He is now at work with apparently all the mental and physical vigor and strength he had 30 years ago, having apparently many years of labor and usefulness still before him.

Charles D. Wright was a step-son of Bernard Bagley, and immediadely after his admission they went into partnership, and so continued until Wright was elected judge, in November, 1859. The business was all done in the name of Charles D. Wright, as attor- ney. They did a very extensive business, having often a majority of the cases on the calendar. Mr. Bagley was the trial lawyer, and Wright took charge of the practice. He was probably the best office lawyer and prac- ticioner ever in the county. His industry and long experience and mental adaption to that branch of business, gave him that reputation at the bar. He held most acceptably the office of county judge two terms. Since that he has lived in comparative retirement, and is now in good health and holding a high position in society, possessing the respect of the whole community.

Marcus Bickford, admitted in 1840, resided in Carthage. He became a partner of Judge Hiram Carpenter, and was an able and suc- cessful practioner. He continued the prac- tice there until the gold excitement in Cali- fornia broke out, when he left, and spent some time in the gold mines. He returned with a full purse, married Miss Hammond, and settled down again to practice law. He was afflicted with rheumatism, which lasted him through life, and interfered with his pro- fessional duties. He was a justice of the peace for many years, and was also an editor. After much suffering he died in 1876, an honest man.

James F. Starbuck was born in Cayuga county, N. Y., September 5, 1815, and at an early day removed with his parents to Niagara county. In the spring of 1839 he came to Watertown and entered the law office of Lansing & Sherman, where he remained . until he was admitted to the Common Pleas in 1843, and to the Supreme Court in 1844. In 1845 he opened an office by himself in Watertown. In 1846 he was elected secre- tary of the convention that formed the consti- tution of that year, and in November, 1850, was elected district attorney, and held the office three years from January 1, 1851. He married Sarah Burchard, a daughter of Peleg Burchard, in May, 1855, who died in 1857, leaving a daughter surviving her-now the wife of E. S. Goodale, a merchant in Water-

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town. In 1861 he married Mrs. Boyer, the widow of Judge Joseph Boyer. In 1860 he was a candidate for Congress, but was defeated. In 1876 he was elected to the State Senate, from the district comprising Jeffer- son and Lewis counties. He died December 20, 1880.

John Clarke, a brother of Charles E. Clarke, was born in Saybrook, Conn., May 1, 1799. He was not a graduate of any college, but had, nevertheless, a good education. He commenced the study of law in the office of Mr. Anthon, of New York, and came to Watertown and entered the office of his brother, Charles E. Clarke, about the year 1820. He was admitted in 1825, and soon thereafter formed a partnership with his brother, Charles E. In 1830 he married a daughter of William Smith, one of the ear- liest residents of Watertown. He was ap- pointed surrogate of Jefferson county in February, 1840, which office he held till Feb- ruary, 1844. This is the only office of any importance he ever held. He became a part- ner of Delano C. Calvin, about 1855, which continued until the winter of 1865. In 1865 Mr. Clarke decided to abandon the business of an attorney and devote himself exclusively to that of counsel. The last court Mr. Clarke ever attended was the General Term at Syracuse, in April, 1865. He died about two weeks after that.

Luther J. Dorwin has been a member of the Jefferson county bar longer than any man living, except Judge Wright. He has been in constant active practice 50 years; and it is no reflection upon the able men of that bar to say that he has stood in the front rank of the profession among them. He is an indus- . trious student, as well as an alert and success- ful practioner. His trained brain delights to pry into the law, to cull its golden treas- ures, and unravel its intricacies. If a ques- tion of law presents itself he applies to it foundation principles for solution. Nothing is sound with him till he finds the base on which it rests.

Mr. Dorwin has a birth-right residence in this county. In mind and body he is a sturdy product of the Champion hills, having been born in that town May 13, 1820. Coming through a line of energetic New England ancestry, he inherited the powerful physical and intellectual qualities of his progenitors. His father, Hubby Dorwin, was a native of Vermont, and his mother, whose maiden name was Elizabeth Jones. was born in Champion, her parents having removed to that town from Connecticut.

In 1842 he resumed his law studies, and in January, 1844, he was admitted to practice. He was then ready for his life work; and he was not only well read in the law, but he was a most thorough and finished scholar in the classical and scientific branches taught in the schools. His mental discipline had been un- usually severe; and mental discipline is what makes strong lawyers. In a comparatively short time after his admission he was largely occupied in conducting important and com-

plicated equity cases. He has also been ex- tensively and successfully engaged in real estate contests, being a first-class real estate lawyer, a proficient in the settlement of estates, and an expert and skilled accountant.

Mr. Dorwin's opinions, whether in law or otherwise, are formed after thorough investi- gation ; and when formed they are stoutly and courageously maintained, apparently without the least regard to popular approval. He is yet industriously engaged in the busi- ness of his profession.

Joshua Moore came from Plattsburg, N. Y., and after his admission located in Brown- ville. He took Judge Mason's place as part- ner of Mr. Ruger, and for some time kept his office in Brownville, and Ruger's in Water- town, and alternated between them. Upon the death of Ruger he removed to Watertown, into Ruger's office. He was the first district attorney elected under the constitution of 1846. In 1852 he formed a co-partnership with Levi H. Brown, under the name of Moore & Brown. He died in 1854. It is doubtful whether a more able young lawyer. one of more influence, or who commanded more respect for his legal and social qualities, was ever located in Jefferson county.

Frederick W. Hubbard, admitted in 1838, was a son of Judge Noadiah Hubbard, of Champion, and married a daughter of Peleg Burchard. He studied law in the office of Lansing and Sherman, his brothers-in-law, and was a man of strict integrity and high moral character. He formed a co-partnership with J. H. Dutton, his cousin, under the name of Hubbard & Dutton, for several years, and then with his nephew, Stephen J. Hubbard. He was elected a justice of the Supreme Court, and took his seat upon the bench January 1, 1852, for eight years. During these eight years the politics of the county changed, and he was succeeded by Hon. Joseph Mullin. He then resumed the practice of law, doing an extensive business until his death. Some year or two before he died, he removed his office to the city of New York.

Nathaniel P. Wardwell, born in Bristol, R. I., April 1, 1814, was one of the younger members of the bar at the time when Isaac H. Bronson, Micah Sterling, George C. Sher- man and Robert Lansing were prominent and able practioners-superior, in the estimation of many, to any coterie that has succeeded them. Young Wardwell came to Ellisburg in 1820, having the benefits of the Belleville Academy, and afterwards attending the Watertown Academy, then under charge of Hon. Jos. Mullin. He graduated from Union College in 1837, and married Miss E. B. Ster- ling in 1839. At the bar of Jefferson county he distinguished himself at once. His hand- some person, his habits of industry and his superior education gave him great advantage. Having married a daughter of Micah Ster- ling his social standing was assured. He soon became a partner in the law firm of Sterling & Wardwell, commanding a large practice. In the midst of such a promising

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THE GROWTH OF A CENTURY.

career, with troops of friends and everything to live for, he was unexpectedly stricken down by disease in 1847, and passed away in his 33d year, leaving behind him a memory for ability and usefulness not yet effaced. His son, named for his father, is cashier of the Watertown National Bank. His wife still survives.

William Ruger, admitted in 1831, was noted as a great teacher of mathemics, teach- ing what was called select school in various parts of the county, and was the author of " Ruger's Arithmetic." About 1835 he formed a co-partnership with Charles Mason, who came from Madison county, and who, about 1840, returned there to practice. Ruger then formed a co-partnership 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 an uncle of the present chief justice of the Court of Appeals, and was in many respects a very able, true man.

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 elected to Congress 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. He was a perfect verifica- tion of the old adage, that lawyers work hard, live well and die poor.

Micah Sterling was born in Lyme, Conn., November 5, 1784; entered Yale College in 1800, and graduated in 1804. He was a class- mate and a great personal friend of John C. Calhoun. He located in Adams about 1809; and it is here that he formed a partnership with Thomas Skinner, under the firm name of Skinner & Sterling. He was admitted to the Common Pleas in 1811, and soon there- after removed to Watertown. He bought a tract of land and built thereon the stone man- sion where his son, Rev. John C. Sterling, now resides, and surrounded it with a beauti- ful park, long known as Sterling's Park. He was elected to Congress in 1821, and in 1836 to the State Senate. Soon after the admis- sion of Isaac H. Bronson as an attorney, in 1823, he formed a co-partnership with him under the name of Sterling & Bronson, and so continued till 1840. Mr. Sterling, from the beginning of his practice, took one of the most prominent positions at the bar, and during the term of their co-partnership the firm of Sterling & Bronson was at the head of the profession in this county. He died April 11, 1844, the same day of Judge TenEyck's decease.

THE JUDICIARY.

WE are under obligation to Mr. L J. Dor- win, so long identified with the bar of Jeffer- son county, for much that precedes this page, relating to older and more distinguished members of the bar. The younger class, who

are at present the working force at the bar of Jefferson county, the writer does not know much of. They appear to be a promising collection of pushing young men, but their exact value to the community must, for the present, be an open question.

We append what is believed to be an accu- rate list of the members of the bar, as the list appeared on July 1, 1894, and precede that list with some remarks upon the method of administering justice for the past 75 years.

Even a partial allusion to the bench and bar of the county of Jefferson would be in- complete without a brief history of the courts as existing at the time of its organization, their origin, jurisdiction, their officers, and how they were appointed.

The administration of justice in this county at the time of its organization, and thereafter, was part of the judicial system of the whole State, differing in many essentials from that now in force.

The first court was held in the school-house next south of Jonathan Cowan's mills, in the village of Watertown, until the term in 1809. Subsequent to that they were held in the new court-house. built upon a lot conveyed to the county by Henry Coffeen, for the purposes of a court house and jail, and so long as they should be used for that purpose. The lot was the same as the one on which the present jail is situated. This court-house was burned in 1821, and a new court-house, of stone, was erected on the same site, in which courts were held until 1858 or 1859. The old stone build- ing became so dilapidated that it was totally unsuitable for court purposes, and courts were held in Apollo Hall on Court street, and in Washington Hall, until the erection of the present court house in 1862. This house was dedicated October 7, 1862. The occasion was the sitting of the General Term of this dis- trict; present, the following judges: Joseph Mullin, Henry A. Foster, Leroy Morgan and William J. Bacon.

The following are the first judges of the Common Pleas, district attorneys, sheriff's, surrogates and county clerks, from the organ- ization of the county, down to 1894, as taken from the civil list, and for which we are in- debted to County Clerk Pierce, to whom we also owe many acknowledgements for other interesting data:

JUDGES.

Augustus Sacket 1807

Moss Kent

Abel Cole 1810

Egbert TenEyck

1826

Calvin Mcknight.

1829

Thomas C. Chittenden 1840

Calvin Skinner

1845

Robert Lansing 1847

William C. Thompson 1851

Charles D. Wright 1859

Azariah H. Sawyer 1867

Charles H. Walts 1872

Charles H. Walts 1883

John C. McCartin .1889

Henry Purcell 1891

Edgar C. Emerson

1892

DISTRICT ATTORNEYS.

Nathan Williams until 1808

Samuel Whittlesey until 1813

1818

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CITY OF WATERTOWN.

Amos Benedict appointed March 18, 1813

Ela Collins

1815

David W. Bucklin 1818

Horatio Shumway 1820

David W. Bucklin 1821

Robert Lansing

1826

George C. Sherman

1833

Dyer N. Burnham 1840

Joseph Mullin 1843

Robert Lansing. 1845

Joshua Moore, Jr 1846

Joshua Moore, Jr. 1847

James F. Starbuck 1850

Delano C. Calvin 1853

David M. Bennett. 1856

Bradley Winslow 1859

Lafayette C. Bigelow 1862

Bradley Winslow 1865

Pardon C. Williams 1868

Watson M. Rogers 1874

Edgar C. Emerson 1880

Edgar C. Emerson 1883

Frank H. Peck 1886

Frank H. Peck. 1889

Virgil K. Kellogg

1892

SHERIFFS.

Abel Sherman April 3, 1805

Hugh Henderson 1808

Perley Keyes 1808

David I. Andrus. 1812

John Paddock 1813

David I. Andrus. 1815

Joseph Clark 1818

Amasa Trowbridge

1819

Jasan Fairbanks

1821

Jasan Fairbanks

1822

Henry H. Coffeen

.1825

John Fay

1828

Heman Millard 1831

1834

Abner Baker

1837

Albert P. Brayton

1840

Herman Strong

1843

Walter Collins 1846

Rufus Herrick 1849

1852

Wells Benton

.1855

Abner Baker 1857

Tilly R. Pratt 1857

Francis A. Cross 1860

Nathan Strong. 1863

James Johnson -1866

Addison W. Wheelock 1869

George Babbitt. 1872

Abner W. Peck. 1875

Leonard Seaton 1878

G. Harrison Smith 1881

James M. Felt 1884

Willard E. Saxe. 1887

Levi Washburn 1890

1893 Edward Barton

SURROGATES

Benjamin Skinner 1805

Amasa Trowbridge 1811

John M. Canfield 1811

Elisha Camp 1813

David Perry 1815

Lyman Munson 1816

Benjamin Wright 1820

Lyman Munson

1821

Benjamin Wright

1823 John Clarke .. Nathaniel P. Wardwell 1844

1840

Lysander H. Brown .1847

James R. A Perkins 1851

Milton H. Merwin.

1859

David M. Bennett 1863

William W. Taggart. 1867

Ross C. Scott ..

1877

Ross C. Scott 1883

1889 Ross C. Scott.

CLERKS.

Henry Coffeen 1805

Egbert TenEyck 1807

Benjamin Skinner 1811

Richard M. Esselstyn 1813

Benjamin Skinner 1815

George Andrus. 1820

Henry H. Sherwood.

1821

Henry H. Sherwood 1822

Peleg Burchard 1828

Daniel Lee 1840

Charles B. Hoard 1843

James G Lynde 1846

Isaac Munson 1819

John L. Marsh 1852

Russell B. Biddlecom

1858

Dexter Wilder

1861

Nelson D. Ferguson

1867

Jacob Stears, Jr 1870

George Cole. 1876

Fred Waddingham 1879

O. De Grasse Greene 1885

F. D. Pierce

1891

Without attempting to trace the original organization of courts in the State of New York. it serves our present purpose to state that the constitution of 1777 provided for the appointment of all their officers-that of chancellors, judges of the Supreme Court, and the first judge of every County Court, by the Governor, to hold their offices during good behavior, or until they attain the age of 60 years; that sheriffs and coroners be thus annually appointed, but no one person to hold either of said offices more than four years suc- cessively; that the registers and clerks in chancery be appointed by the chancellor; the clerks of the Supreme Court by the judges of said court; all attorneys thereafter to be ap- pointed by the court and licensed by the first judge of the court in which they shall res- pectively plead or practice, and be regulated by the rules and orders of said courts. By this constitution a court for the trial of im- peachments and the correction of errors was for the first time established- familiarly known as the " Court of Errors,"-which con- tinued as thus organized until the constitu- tion of 1846.

The counties of Jefferson and Lewis were organized in one act, passed March 28, 1805. In this act were the following provisions, viz .: Sec. 4, " And be it further enacted. That there shall be held in and for the said counties of Jefferson and Lewis, respectively, a Court of Common Pleas and General Ses- sions of the Peace, and that there shall be two terms of the said courts in each of the counties respectively in every year, to com- mence and end as follows, that is to say: the first term of the said court in the said county of Jefferson shall begin on the second Tuesday of June in every year, and may con- tinue to be held until the Saturday following, inclusive, and the second term of the said court in the said county of Jefferson shall begin on the second Tuesday in December in every year, and may continue to be held un- til the Saturday following, inclusive. Similar provisions as to Lewis county. And pro- vided further, That the first of the said courts in each of the said counties should be held on the second Tuesday of December next. Sec. 9, And be it further enacted, that no Circuit Court, or Court of Oyer and Terminer and General Gaol delivery shall be held in either of the said counties of Jeffer- son and Lewis, until the same shall, in the opinion of the justices of the Supreme Court, become necessary."

Chauncey Baker

Daniel C. Rouse

270

THE GROWTH OF A CENTURY.

The courts, as thus organized, continued until the adoption of the second constitution of this State, which took effect January 1, 1823. By this constitution the Supreme Court consisted of a chief justice and two justices. It further provided that the State be divided by law into a convenient number of circuits, not less than four nor exceeding eight, subject to alteration by the Legislature from time to time, as the public good may re- quire; "for each of which a circuit judge shall be appointed in the same manner and hold his office by the same tenure as the justices of the Supreme Court, and who shall possess the powers of justices of the Supreme Court at chambers, and in the trial of issues joined in the Supreme Court; and in courts of Oyer and Terminer and Goal Delivery, and such equity powers may be vested in said cir- cuit judges, or in the county courts, or in such other subordinate courts as the Legis- lature may by law direct, subject to the appellate jurisdiction of the chancellor." It further provided that the judges of county courts should hold their offices for five years.

Under this constitution an act was passed by the Legislature of the State, April 17, 1823, dividing the State into eight circuits, corresponding with the then senatorial dis- tricts, and providing for the appointment of judges for said circuits, and defining their powers and jurisdiction. By this act it was further provided that the said circuit judges shall have, within the limits of their respect- ive circuits, concurrent jurisdictions with the chancellor of this State, of all matters and causes in equity of every description and character, subject, however, in all cases, to the appellate jurisdiction of the chancellor. The courts thus organized remained un- changed down to the constitution of 1846.

The first term of the County Court, of which there is any record, was held on the second Tuesday of May, 1807, at the school- house next south of Jonathan Cowan's mill, in the town of Watertown. Present: Augus- tus Sacket, first judge; Joshua Bealls, Perley Keyes, judges; Thos. White, assistant justice.

The next term of the court was held on the same place on the second Tuesday of August, 1807, before the same judges.

The records of the court were often im- perfectly kept. At some of the terms there is no record of the judges holding the same; and until about the year 1815 there is no record of any order admitting attorneys to practice.

JEFFERSON COUNTY BAR.

ADAMS-T. P. Saunders, I. L. Hunt, Jr., E. F. Ramsdell, G. B. R. Whipple, W. H. H. Taylor, W. H. Gilman, A. F. Saunders, T. F. Saunders, L. E. Pruyne, E. S. Hunt.

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Growth of a Century : as illustrated in the history of Jefferson County, New York, from 1793 to 1894, Part 58

Author: Haddock, John A. 1823- Publication date: 1894 Publisher: Philadelphia, Pa. : Sherman Number of Pages: 1094

Author: Haddock, John A. 1823-
Publication date: 1894
Publisher: Philadelphia, Pa. : Sherman
Number of Pages: 1094