USA > New York > Tioga County > Historical gazetter of Tioga County, New York, 1785-1888. Pt. 1 > Part 4
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The society was re-organized July 21, 1855, at a meeting held! in the old village hall, in Owego, and articles of incorporation were subsequently filed in the office of the Secretary of State. Harvey Coryell, of Nichols, was chosen president, William Smyth, secretary, and Thomas I. Chatfield, treasurer. The fir -: fair of the re-organized society was held October 23 and 24. The live stock and farming machinery were exhibited on the lot ! the southeast corner of Main and William streets, and the fruit-, domestic articles, etc., in the village hall. The next year the fair was held in the same places, but in 1857, a piece of ground owned by George W. Hollenback, corner of Division and Front street .. in the eastern part of the village, was leased for five years, at .. yearly rental of $100.oo. The ground was surrounded by a hiz": board fence, a race-track was constructed, and fairs were held! there until 1864. In 1862, there was some dissatisfaction because all premiums amounting to $3.00 and over were paid in silver. plated ware. In 1864, the location of the grounds was changed. The society leased and fenced in thirteen acres of land on the J. 1. Beers farm, just north of the village line, located on the notte side of the highway leading from the old Ithaca and Owego turnpike to Leach's Mills. In 1865, horse racing was made a
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prominent feature of the fair. This, together with the the pay- ing of premiums to farmers in silver-plated ware, increased the dissatisfaction to such an extent that the fairs of the two follow- ing years were failures.
An attempt to re-organize the society was made in 1871. A public meeting was held at the court-house on the ISth of Octo- ber. Thomas I. Chatfield was elected president of the society, William Smyth, corresponding secretary, George Worthington, recording secretary, and Stephen S. Truman, treasurer. Nothing further was done, and no attempt was made to hold a fair.
Another and more successful attempt to re-organize the society was made August 10, 1872, when another meeting was held at the court-house. At a subsequent meeting, held on the 24th of the same month, the society was re-organized by the election of Herbert Richardson, of Newark Valley, president, William Smyth, of Owego, secretary, and George Truman, of Owego, treasurer. The first fair of the re-organized society was held on the Owego Driving Park, September 16, 17 and 18, 1873, and successful annual fairs have been held on the same grounds ever since. The following is a list of the presidents of the society since its organization :- Thomas Farrington, Owego, 1841-42 ; Charles F. Johnson, Tioga, 1843-46; Harvey Coryell, Nichols, 1855 ; Louis P. Legg, Berkshire, 1856; Chester Randall, Rich- ford, 1857; W. R. Shoemaker, Nichols, 1858; William Ellis, Barton, 1859; John McQuigg, Spencer, 1860; David Taylor, Tioga, 1861-62; George Woodford, Candor, 1863; Louis P. Legg, Berkshire, 1864; Samuel B. Smith, Nichols, 1865 ; John L. Taylor, Owego, 1866-68; Thomas I. Chatfield, Owego, 1871 ; Herbert Richardson, Newark Valley, 1872-73; Frederick W. Richardson, Newark Valley, 1874-75 ; John S. Giles, Owego, 1876; William H. Armstrong, Newark Valley, 1877-So; George I. Nelson, Tioga, 1881 ; Frederic C. Lowman, Nichols, 1882 ; John Smith, Jr., Owego, 1883; W. Hulse Shaw, Tioga, 1884-87.
From 1855 to 1861, inclusive, William Smyth was secretary of the society. John L. Taylor was secretary in 1862 and 1863; Thomas 1. Chatfield, in 1864 and 1865, and William H. Corey, in 1866, 1867 and 1868. Mr. Smyth was again secretary in. 1871 and 1872, and his son, William A. Smyth, succeeded him, hold- ing the office from 1873 to 1876, inclusive. Since the latter year, LeRoy W. Kingman has been secretary of the society.
Thomas I. Chatfield was treasurer from 1855 to 1861, inclusive. Dwight I. Bloodgood was treasurer from 1862 to 1868, inclusive.
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Stephen S. Truman held the office in 1872, and George Truman in 1873. Mr. Chatfield was again treasurer from 1873 to 1876, inclusive. A. Chase Thompson was treasurer from 1877 to 1880, inclusive. His successor, James M. Hastings, is the present treasurer.
The Northern Tioga Agricultural Society was not organized, as might be supposed, in opposition to the county society whose fairs are held at Owego, but rather to occupy territory which did not seem to be reached by the county organization.
In the summer of 1880, the Newark Valley Farmer's Club decided to take the initiatory steps towards holding a local fair or farmer's exhibition ; and a temporary organization was formed for that purpose, with the following officers: D. M. Sturtevant, president; D. H. Miller, James Borthwick, vice-presidents ; Charles L. Noble, secretary ; Egbert Bement, treasurer ; F. W. Richardson, general superintendent; L. S. Burch, marshal.
The exhibition was held on the grounds now occupied by the society, at Newark Valley, September 15 and 16, 18So. No. admission fee was charged and no premiums paid; but so great was the enthusiasm shown and so large was the exhibit made, that it was at once apparent that ample material was at hand for a successful society. A few weeks later the Farmer's Club issued a call to the farmers and business men of Northern Tioga, and a meeting was held in Elwell Hall, Newark Valley, November 23, 1880, which resulted in the organizing of a society to be known as the Northern Tioga Agricultural Society, and a few days later the articles of incorporation were filed in the clerk's office of Tioga county and in the office of the secretary of state, and the society entered upon its legal existence. The officers for the first year were as follows: L. S. Burch, president; Theodore Mayor, C. F. Curtis, vice-presidents ; Charles L. Noble, secretary: J. R. Hankins, treasurer ; J. R. Ford, E. F. Johnson, C. !!. Randall, F. G. Bushnell, D. M. Sturtevant, W. T. Shaw, William Elwell, L. D. Mccullough and F. W. Richardson, directors. The grounds now occupied by the society, taken from the farms of Ichabod Ford and Edwin P. Smith, were at once leased, and the following summer a half-mile track was graded, suitable build- ings were erected, and on the 4th, 5th and 6th of October, 1881. the first annual fair of the society was held. The result was all that could have been desired, both in point of attendance and exhibits, and from that time to the present, each annual exhibition has shown a marked improvement over its predecessors, the
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entries rising gradually from 1,068 in 1881, to 2,012 in 1887, while the cash receipts show a corresponding increase. Constant improvements have been made both in the grounds and the premium list, until the Northern Tioga Agricultural Society fairly ranks as one of the best managed and most prosperous organizations of its kind in Southern New York.
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*CHAPTER IV.
ADMINISTRATION OF THE LAW-EARLY COURTS-CHANGES AND ESTAB- LISHMENT OF NEW COURTS-COUNTY BUILDINGS-JUDICIARY AND CIVIL. LIST.
A T the time of the organization of the county (1791), the various courts of law, from those of a general jurisdiction to those of a specific and limited jurisdiction, had already been instituted and organized throughout the state, either by derivation from the common law, or by the constitution and the various enactments of the legislature. With a very few except- ions of courts since abolished, the courts of law of that time have continued until the present writing with powers and jurisdictions of so kindred a nature that they are easily identified. There has been very little change in the essential nature of those powers and jurisdictions, or even in the number and grades of the various courts since. There have been made, however, great changes in the executive scheme and machinery of these courts. These changes are simply those of the natural growth and develop- ment of the administrat on of law, equity and justice ; and they may be easily traced through the history of the constitutional and statute laws of the state.
The paramount court of the state was the court for the trial of impeachments and for the correction of errors. It was pro- vided for by the first constitution of the state, 1777, and was established by an act of legislature in 1784. It was composed of the president of the state senate, senators, chancellor, and judges of the supreme court, or the major part of them. As a court for the trial of impeachments, it had power to impeach all
*Prepared by S. Jay Ohart, of Owego.
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public officers of the state "for mal and corrupt conduct in their respective offices." Two-third majority of the members present was necessary in order to successfully impeach. This court still continues, with some modifications. It is now composed of the president of the state senate, senators or the major part of them, and the judges of the court of appeals, or the major part of them. Since it was first established, in 1784, this court has been deprived of much of the jurisdiction orginally conferred upon it, by the adoption of new state constitutions and by the various amendments thereto, and by numerous enactments of the state legislature.
As a court for the correction of errors, this was a species of appellate court of last resort, and had power to redress and correct all errors happening in the court of chancery, the supreme court, the court of probates and the court of admiralty. This branch of the court continued until the adoption of the new state constitution, which went into effect January 1, 1847. It was supplanted under provisions of the constitution of 1847, by the court of appeals, although it is a noteworthy feature that the new constitution of 1847 made no direct abolition of this court ; but it was practically disposed of by that instrument by abolish- ing the offices of chancellor and justices of the supreme court, who in part made up the court for the trial of impeachments and for the correction of errors.
The new state constitution of 1847 provided for the institution of the court of appeals, consisting of eight judges, and the court was subsequently organized under provisions of enactment of the legislature, and is still in existence. The judges thereof are elected by popular vote, and since the adoption of the judiciary article to the state constitution, November 2, 1869, the court has been composed of a chief justice and six associate justices and the tenure of office is for a term of fourteen years. Its sessions are held in the city of Albany. It is an appellate court of last resort in the state, having general jurisdiction in law, equity and justice.
There was another court already organized at the time of the erection of the county, known as the court of exchequer. It was a court having jurisdiction of fines, forfeitures and amercia- ments. It was abolished by the repealing acts of IS28, in antici- pation of the revised statutes of the state which went into effect January 1, 1830.
The court of chancery was another court already in existence
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and fully organized, to the jurisdiction of which the county of Tioga was subject upon its erection. This court had jurisdiction of general equity jurisprudence. The executive officer of the court, originally under the provisions of the constitution of 1777, was a sole chancellor, appointed by the governor of the state with the advice and consent of the council of appointment. His tenure of office was during good behavior, or until he arrived at . the age of sixty years. Subsequently, when the revised statutes went into effect, January 1, 1830, provision was made for the appointment of vice-chancellors, one for each of the eight judicial circuits. The duties of the vice-chancellors were anal- agous to those of the circuit justices of the supreme court. The court of chancery continued until the first Monday of July, 1847, when it was abolished under the provisions of the new state constitution, which went into effect January 1, 1847. This constitution provided for a supreme court, with general juris- diction in law and equity ; and since its adoption the history of equity jurisprudence is identical with that of the supreme court.
The supreme court of judicature was also already fully organ- ized, having general jurisdiction of civil matters. Originally it consisted of three members, a chief justice and two associ- ates, who were appointed by the governor of the state with the advice and consent of the council of appointment. Their tenure of office was during good behavior, or until each should attain the age of sixty years. Afterward the number of associate judges was increased to three, and subsequently to four. The terms of the court were held at the state capitol, and the justices of the court continued to be appointed until June 7, 1847, when, under the provisions of the new constitution, they became elective by popular vote, and they have since continued to be so chosen. An act of the state legislature of 1786, however, authorized the trial of issues in the supreme court to be held in the county where the causes arise, and established circuit courts to be held in the vacations of the court at least once a year in each county of the state, by the justices or some one of them. The act of 1791, creating Tioga county, however, provided that it should not be the duty of the justices of the supreme court to hold a circuit court once in every year in Tioga county, unless in their judgment they should deem it proper and necessary. An act of February 10, 1797, nevertheless, appointed the circuit of Tioga county to be held on the tenth day after the second Tuesday in May, yearly. The state was at this time
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divided into four judicial districts, and the county of Tioga was included in the " western district," so-called. April 17, 1823, an act was passed dividing the state into eight circuit districts, corresponding with the eight senatorial districts in extent of territory. Under this arrangement Tioga county was in the sixth circuit district.
February 22, 1788, the state legislature by enactment estab- lished courts of oyer and terminer, having general criminal jurisdiction, and directed that the justices of the supreme court, or either of them, together with the judges and assistant judges of the courts of common pleas of each county of the state, or any three or more of them, should constitute the court. The terms of oyer and terminer were also authorized to be held in the respective counties at the times when the justices of the supreme court should be holding the circuit court in such county.
The supreme court, the circuit court thereof, and the court of oyer and terminer having been thus established throughout the state prior to the erection of Tioga county, the county became subject to the jurisdictions thereof from the time of its organiza- tion. These courts have continued in existence until the present time. It will be interesting, nevertheless, to notice some changes which were made in the executive arrangement of these courts from time to time.
The revised statutes of the state which went into effect January I, 1830, provided for the construction of the supreme court to consist of a chief justice and two associates, and divided the state into eight circuit court districts, also made provision for eight additional circuit court justices, one for each district. These circuit court districts were made to correspond to the eight senatorial districts. The county of Tioga was annexed to the sixth judicial district, and has remained in that district down to date. This scheme was continued, with some modifications, until the adoption of the new state constitution, which went into effect January 1, 1847. Out of this new constitution, the amend- ments thereto, and the subsequent acts of the state legislature, has grown our present elaborate arrangement of the supreme court, circuit courts thereof, and courts of over and terminer, the systematic executive arrangement of which elicits the admi- ration of the world of jurisprudence. They consist of so-called " departments," of which there are five in the state. Terms of circuit courts and courts of oyer and terminer are held in the various counties by a sole circuit justice. Under the present
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arrangement the office of justice of the supreme court is elective, and the tenure thereof has been, since the adoption of the judiciary article to the state constitution. November 2, 1869, for a term of fourteen years. The county of Tioga, under the present judicial arrangement, is in the fourth department and in the sixth judicial district, which has five justices, two of them general term justices and three of them circuit justices.
Courts of common pleas, having limited civil jurisdiction, and courts of general sessions or general sessions of the peace, having limited criminal jurisdiction within the respective counties of the state, had also been provided for by the state constitution and by various acts of the state legislature before the erection of the county ; but they were especially provided for by the act of February, 1791, creating the county. This act provided that there should be two terms of said courts held in the county each vear. The first terms thereof were directed to be held on the fourth Tuesdays of June and January of every year, at the house of George Hornwell, in Chemung (now in Chemung county). These courts originally were composed of a first judge, three associate judges and four assistant judges. Three of these were necessary to be en bane to constitute the court, one of which three was required to be either the first judge or one of the associate justices. In ISIS, the offices of assistant judges were abolished by an act of legislature, and the revised statutes of 1830 provided for a first judge and four judges of the county courts of each county. These species of courts continued with some modifications until the adoption of the new state constitution of IS47. That instrument provided for one county judge in each county, except the county of New York, who alone held the county court, which was thus made to supplant the court of common pleas. He also, together with two justices of the peace, called justices for sessions, holds the court of sessions, having limited criminal jurisdiction within the county which in turn, since January 1, 1847, has supplanted the court of general sessions or general sessions of the peace. Under the original system the first judge, the three associate judges and the four assistant judges were appointed by the governor of the state with the advice and consent of the council of appointment. The tenure of office of the first judge was during good behavior, or until he attained the age of sixty years ; and commissions of appointment to the judges of the county courts (other than the first judge), etc., were required to be made, by the constitution of 1777, once
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at least in every three years. With this exception the duration of the term of said officers was during the pleasure of the council of appointment. In 1830, the revised statutes authorized the nomination and appointment of the judges (a first judge and four assistant judges) of county courts by the governor of the state, with the consent of the state senate, and their tenure of office was for a term of five years, subject to removal for cause; and by the new state constitution of 1847, the office of sole county judge was made elective by popular vote and the tenure of office was for a term of four years. This term was by the adoption of the judiciary article to the state constitution November 2, 1869, changed to six years' duration, which is the present tenure of the office. Justices for sessions, sitting with the county judge, con- stituting the court of sessions, are elected annually by popular vote and are required to be acting justices of the peace.
Courts of probate, or what are now known as surrogate's courts, had also already been instituted throughout the various counties of the state, prior to 1791, by common law jurisdiction and by an act of legislature passed February 20, 1787, and by legislative acts subsequent thereto. These courts had original general juris- diction of the probate of wills, administration of decedents' estates, and of all controversies relating thereto. The original statute of 1787, provided for the appointment of a sole surrogate in and for each county by the governor of the state and the council of appointment, to serve during the pleasure of said council. The revised statutes of 1830 authorized the nomination and appointment of surrogates by the governor of the state, with the consent of the state senate, and fixed the tenure of their office at a term of four years. Surrogates in and for each respec- tive county continued to be appointed, with some subsequent modifications and conditions, until the new state constitution of IS47 ; and by that instrument the office of surrogate was con- solidated with that of county judge, and since that time the office of surrogate in Tioga county is identical with that of county judge, as to manner of election and as to tenure of office. It is needless to add that this species of court is still extant in Tioga county, having the same general jurisdiction.
Courts of justice's of the peace, having specific and limited jurisdiction of petty civil controversies, and courts of general sessions of the peace, held by justices of the peace, having juris- diction of petty crimes and misdemeanors, were also inaugurated throughout the various counties of the state at the time of the
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organization of the county ; and they are still continued, having nearly the same general jurisdiction as they had when the county was first created. Courts held by justices of the peace, exercising jurisdiction of petty crimes and misdemeanors, are now denominated as courts of special sessions. Justices of the peace were originally appointed by the governor of the state and the council of appointment under provision of the constitution of 1777; and their tenure of office was during the pleasure of the council of appointment, except that it was required that commis- sions of appointment should be issued at least once in three years. Justices of the peace continued to be appointed until the amendment to the state constitution, ratified in November, 1826, and since that time they have been chosen by the electors within the various towns of the state. The tenure of office is now for a term of four years.
The act of the state legislature of 1791, creating the county of Tioga, provided that, until other provisions be made in the premises, the courts of said county should be held at the house of George Hornwell, in Chemung, and directed that a court- house and jail in the county should be erected at such place as the judges and justices and supervisors, or the major part of them, should direct and appoint. July 12, 1791, the justices and supervisors of the county met and selected a site for the new court-house and jail. The site selected was east of the Nanti- coke creek, now in the village of Chenango, a small settlement on the west side of the Chenango river in the town of Union. A petition was made to the state legislature by the judges, justices and supervisors of the county, for authority to raise a sum of money sufficient to build such buildings. In pursuance thereof, an act was passed by the legislature on February 18, 1792, authorizing the levying and collection of three hundred pounds, with an additional sum of nine pence on the pound for collecting the same, for building a court-house and jail, and authorizing the appointment of three commissioners by the supervisors and judges of the court of common pleas on the first Tuesday in May, 1792, to superintend the building of the new court-house and jail upon the site selected July 12, 1791. The same act authorized the courts of said county to be held at the house of Nehemiah Spalding, situate near Nanticoke creek aforesaid, after the end of the term of said court to be held on the fourth Tuesday of June, 1792, until the new court-house should be built and fit for the reception of the court. In conformity with the
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provisions of this act the court-house and jail were erected in 1793.
There sprung up at once intense local jealousies and strites among the inhabitants of the county, as to the permanent location of the new county buildings. There appears to have been a numerous sprinkling of inhabitants in the vicinity of what are now the cities of Elmira and Binghamton, and the chief struggle as to the location of the county seat of the new county was between those two localities. And thus early in our history was engendered a strife for local dominancy, which has continued unabating until the present day. The Chemung inhabitants secured a temporary dominancy by the act of February, 1791 : and the Nanticoke inhabitants wrested it from them by the act of February, 1792. But their victory was not an exclusive one, for the inhabitants of Chemung immediately set to work and constructed a building for a jail, at Newtown Point, so-called. in the town of Chemung, and January 14, 1793, secured the passage of an act of legislature recognizing the same as the jail of the county, "until further legislative provisions in the prem- ises ;" and also authorizing the holding of the courts of common pleas and general sessions of the place, in said county from and after April 1, 1793, on the first Tuesday in May, October and February, of every year, alternately at the house of Joshua Whitney, at Chenango, in the town of Union, and at the said new jail building at Newtown Point, in the town of Chemung, and directed the adjournment of said courts at the end of the January term of 1793, to the first Tuesday of May, 1793, to be held in this new jail building at Newtown Point. This dual arrange- ment threw some confusion into other official departments of the county, and there appears to have been a struggle to have the dual arrangement carried throughout all of those official depart- ments, and doubts at once arose as to the power and authority to do this, particularly among the new loan officers. Once more the legislature was appealed to, and March 25, 1794, an act with a preamble reciting this state of affairs was passed, authorizing and requiring the new loan officers to hold the new loan office in the towns of Union and Newtown, alternately, at or near the places of holding said courts, and directing that the next meeting of the said new loan officers be held in the town of Union, afory- said.
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