USA > New York > Cattaraugus County > History of Cattaraugus County, New York, with Illustrations and Biographical Sketches of Some of Its Prominent Men and Pioneers > Part 10
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HISTORY OF CATTARAUGUS COUNTY, NEW YORK.
the said county until the same shall, in the opinion of the justices of the Supreme Court, become necessary."
Conformably to the act above mentioned Francis Green, Ashbel Freeman, and James Brooks, Judges of the Court of Common Pleas, met at the house of William Baker, June 5, 1817, and appointed and declared " the house of William Baker, in the said town of Olean, in the county aforesaid, to be the place for holding the first Court of Com- mon Pleas and General Sessions of the Peace, in and for the County of Cattaraugus." And in pursuance of the order the first court was held at the place designated (in the village of Hamilton, town of Olean) on the first Tues- day of July, 1817, with the following presence : Hon. Timothy H. Porter, First Judge; James Brooks, Ashbel Freeman, Assistant Justices.
At the opening of the court it was ordered " that the rules of the Court of Common Pleas, in and for Allegany and Steuben Counties, be adopted as the rules of this Court." It was further ordered by the Court " Daniel Cruger, Zephaniah Z. Caswell, David Higgins, Jr., and Alvin Burr, who have heretofore been admitted to practice as attorneys and counselors of the Court of Common Pleas, in the county of Allegany, be admitted as attorneys and counselors of this Court ; and also, that Asa Hazen, who it appears has been admitted to practice as an attorney of the Supreme Court of this State, be likewise admitted as an attorney and counselor of this Court."
The first term of the Court of General Sessions was opened at the same time and place, and with the same pres- ence. The grand jury was called and came into court, re- tired, returned and reported no business. The only case that came before the court was " David MoCurdy vs. Israel Curtis. Alvin Burr, attorney for defendant; Daniel Cru- ger, attorney for plaintiff. Alvin Burr having by virtue of a special warrant of attorney signed and filed a cognovit confessing the debt in this cause to one hundred and sixty dollars, on motion of Daniel Cruger, for plaintiff, ordered judgment for that sum."
The constables attending were William Fowler, Luther C. Carner, Calvin T. Chamberlain, Cyrus Niles.
The November term of Court of Common Pleas for 1817 was held at the same place on the first Tuesday of November of that year, with Hon. T. H. Porter as first judge; Ashbel Truman and William Price, assistant judges.
The first case on which a jury was called was that of Ebenezer Reed vs. Andrew B. Northrup. Zephaniah Z. Caswell, counsel for plaintiff. Witnesses for plaintiff were Zachariah Oosterhoudt, William Kennard, Silas Knight, and Lynds Dodge. Witnesses for defendant, William An- nin and Luke Goodspeed. The jurymen were Seth Mark- ham, John G. Ensign, Obadiah Vaughn, Jr., Nathan Cole, Parley Warner, John McPoll, Solomon Rawson, Lynds Dodge, Harvey Parker, Luke Goodspeed, and Jede- diah Strong. The defendant was found guilty ; damages assessed at $91.59. On motion of counsel for plaintiff, judgment was ordered for that sum.
It was ordered by the court " that Z. Z. Caswell, Alvin Burr, and Asa Hazen be, and are appointed a committee to prepare a set of rules to be adopted by this court, and pre- sent the same at the next term."
At the November term of Court of General Sessions in 1817, the grand jury was called and consisted of the fol- lowing persons : Levi Gregory, foreman ; Charles Price, Robert Bard, Earl Willson, Joel W. Cary, Lewis Wooster, Daniel Huntley, Russell Chapel, John Hager, Thomas Morris, Ralph Hill, Abram M. Farwell, and Samuel Bar- rows.
The grand jury retired under the care of a constable, and returned into court; having had no business before them, they were discharged.
At the February term of Court of Common Pleas, in 1818, it was ordered by the court that William Woods and Henry Wells be admitted as attorneys and counselors at law.
The grand jury of this term of General Sessions pre- sented a bill of indictment against Fatty, an Indian, and were discharged.
REMOVAL OF THE COURTS.
In 1818 (April 21) an act was passed by the Legislature providing "That all courts of common pleas and general sessions of the peace hereafter to be holden in and for the county of Cattaraugus be held at the house of Baker Leonard, in the village of Ellicottville, in the town of Ischua, in said county, until a court-house suitable for the holding of said courts shall have been erected ; and the supervisors of said county, at their next annual meeting, are hereby authorized and directed to designate the site for a court-house and jail in the said village of Ellicottville, anything in any law to the contrary notwithstanding." Accordingly, the next term of court was held at the place named, on the first Tuesday of July, 1818, with Hon. Timothy H. Porter, Francis Green, and James Brooks as judges.
The removal of the courts from Olean so incensed the people of that village that several of them, whose business compelled them to attend at the first term held at Ellicott- ville, brought tents and provisions with them ; being deter- mined that the people at the new county-seat should receive no pecuniary benefit from their attendance there. The ill- natured act, however, wrought no irreparable injury to Ellicottville, and the irascible Oleanians, becoming cooled by their camping out, afterwards quartered at the hotels while attending at court.
At the July term, in 1819, it was ordered " that all writs hereafter to be issued out of or returnable in the court until the appointment of a first judge, in consequence of the resignation of Timothy H. Porter, be tested in the name of Ashbel Truman, senior judge of the court."
In the November term of court in 1820, it was ordered that, " Whereas all process issued out of this court since the July term of this court have been tested in the name of James Adkins, first judge of said court, and E. Lockwood, clerk of said court, it is ordered by the court that the same be correct." The first jail limits were established agree- able to the map on file, and surveyed by R. Burlingame the 28th of June, 1820, containing in the whole ninety-six acres. In the next year the limits were extended to four hundred and thirty-eight acres, and in 1824 to five hundred acres.
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HISTORY OF CATTARAUGUS COUNTY, NEW YORK.
At the November term of General Sessions of the Peace in 1821, Jerry Birch was tried under an indictment for in- veighling. Verdict of " guilty" was brought in ; the court pronounced judgment that the prisoner be confined in State prison at Auburn for five years, at hard labor, from Nov. 9, 1821. This was the first criminal conviction in the county.
THE SUPREME COURT.
The Supreme Court was established by law in 1691. After some subsequent laws on the subject, it was at length regulated and fixed by an ordinance from the Governor and Council of Appointment, May 15, 1699, and by an additional ordinance of April 3, 1754, and from that time until the adoption of the constitution of the State, in 1777, was held under these ordinances only. Several important and or- ganic changes were made in the Supreme Court by the con- stitution of 1821. The duties of the Circuit and of the Oyer and Terminer were devolved on the circuit judges.
The constitution of 1846 abolished the Supreme Court as it then existed, and established a new one, having general jurisdiction in law and equity.
This court possesses the powers and exercises the juris- diction of the preceding Supreme Court, Court of Chancery, and Circuit Court, so far as consistent with the constitution of 1846, and the act in relation to the judiciary passed May 12, 1847, and also the powers and jurisdiction of the Court of Oyer and Terminer.
The judicial districts were established by act of Legisla- ture, May 8, 1847 ; Erie, Cattaraugus, Chautauqua, Or- leans, Niagara, Genesee, Allegany, and Wyoming Counties constituting the eighth judicial district. Under the judiciary article amending the constitution adopted in November, 1869, the State has been divided into four judicial depart- ments for the holding of general terms of the Supreme Courts.
CIRCUIT COURTS AND OYER AND TERMINER.
By an act passed April 19, 1786, one or more of the Justices of the Supreme Court were required to hold during the vacations, and oftener, if necessary, Circuit Courts in each of the counties of the State. The proceedings were to be returned to the Supreme Court, where they were to be recorded, and judgment given according to law.
The constitution of 1821 provided that the State should 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 might require; for each of which a Circuit Judge should be ap- pointed in the same manner, and hold his office by the same tenure, as the Justices of the Supreme Court, and who should possess the powers of a Justice of the Supreme Court at chambers, and in the trial of issues joined in the Supreme Court and in the Courts of Oyer and Terminer and Jail Delivery. It also provided that such equity powers might be vested in the Circuit Judges or in the County Courts, or in such subordinate courts as the Legislature might by law direct, subject to the appellate jurisdiction of the Chan- cellor. The Court of Chancery ceased its existence the first Monday in July, 1847, by provision in the constitution of 1846.
In 1823 the State was divided into eight circuits, corres- ponding with the eight Senate districts.
The following record appears in the minutes of the court in 1824 :
"Court of Oyer and Terminer, February, 1824 .- None of the Justices of the Supreme Court, nor of Circuit Judges, arriving before the hour of 8 o'clock P.M., the term went over. HENRY SAXTON, Clerk."
The following order was issued by the Supreme Judges of the State, Feb. 28, 1824 :
" It shall not be necessary to hold more than one Circuit Court in the county of Cattaraugus during the present year, and that on the fourth Tuesday in August, at the court-house at Ellicottville."
In accordance with the above order, the first Circuit Court was held with the following presence, WILLIAM B. Ro- CHESTER, Circuit Judge, Eighth Circuit.
A Court of Oyer and Terminer was also held at this time with WILLIAM B. ROCHESTER, Circuit Judge, ALSON LEAVENWORTH, BENJAMIN CHAMBERLAIN, Judges of Court of Common Pleas.
The first seal of the county was adopted by the court Jan. 30, 1827.
SURROGATES' COURT.
Surrogates were appointed under the first constitution for an unlimited period by the Council of Appointment, and an appeal lay from their decision to the Judges of the Court of Probate. Under the second constitution they were ap- pointed by the Governor and Senate for four years, and appeals lay from their decisions to the Chancellor. Since the constitution of 1846 the office becomes elective where the population exceeds 40,000. In other counties the duties of the office devolves upon the County Judge.
The first will that appears of record in the Surrogate's office is that of David Brand, of Perrysburg, registered Aug. 23, 1820, in which he bequeathed to his beloved wife, Abagail Brand, all the land and premises in his possession, with all the appurtenances thereto, during her natural life and widowhood; likewise one cow, one hog, one table, one chest, and all the household furniture, wearing apparel she does now wear or has heretofore owned, and all the ashes on the above-mentioned premises, and one year's provision after my decease, such as the farm produces.
The witnesses to the will are Timothy M. Shaw, Bela H. Readfield, Amos C. Merrill.
Before Jeremy Wooster, Surrogate, Jan. 31, 1821.
Letters testamentary were granted on the above will, Jan. 31, 1821, unto David Brand, executor (son of the de- ceased).
Letters testamentary were granted, July 3, 1821, to Lucy Leonard and Ezra Canfield, executrix and executor, on the will of Baker Leonard, dated April 1, 1821.
The witnesses thereto were Joseph McClure, David Good- win, Alson Leavenworth.
The will of Ashbel Freeman, dated March 17, 1823-in which are named Zerviah Freeman (his wife), executrix, Ebenezer Reed, Jr., and Peter Ten Broeck, executors, the witnesses were William Waring, William Stillwell, and Daniel Hodges-was registered, and on the 18th day of
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HISTORY OF CATTARAUGUS COUNTY, NEW YORK.
June, 1823, Peter Ten Broeck and Mary Ten Broeck gave notice to the Surrogate that they should contest the validity of this will. A day of examination was appointed, and on the 24th day of July, 1823, at the log house of Zerviah Freeman, in the southwest corner of the town of Farmers- ville, testimony was taken in the case, and it was adjourned until the 28th, when the case was closed, and on the 29th of that month letters testamentary were granted to the executrix and executors.
The first letters of guardianship were issued to David Oyer as guardian to Michael Hoffstater, March 19, 1824, by Jeremy Wooster, Surrogate.
The first letters of administration were granted on the estate of Stephen N. Webb, March 27, 1820, and were issued to David Crocker ; and on the estate of Alanson C. Bennett, of Olean, April .3, 1821. July 20 of the same year letters were granted on the estate of Seymour Bouton to Clarissa Bouton, administratrix ; Sylvanus Russell and Milton B. Canfield, administrators, Aug. 27, 1825, on the estate of Wyllys Thrall to Erastus Thrall; Jan. 10, 1829, on the estate of Jedediah Strong to Andrew Mead.
THE FIRST COUNTY-SITE.
In the act erecting the county of Cattaraugus it was pro- vided that three men be appointed to locate the county-site for Chautauqua and Cattaraugus Counties, and that their bills for such services be presented to the Board of Super- visors of the county at the first annual meeting after the organization of the county. These commissioners were Jonas Williams, Isaac Sutherland, and Asa Ransom, two of whom were of Chautauqua County, and Sutherland in Cattaraugus. These commissioners established the site at the present village of Ellicottville, and erected a large iron- wood post to mark the location.
FIRST COURT-HOUSE AND PRISON.
The first action taken in reference to the erection of county buildings is contained in an act of Legislature passed April 21, 1818, to establish the place of holding courts and for other purposes, and was " That the Board of Supervisors are hereby authorized at the next annual meeting to cause to be levied on the freeholders and inhabitants of the county of Cattaraugus a sum not exceeding fifteen hundred dollars for building a court-house in said county, with the addition of five per cent. on a dollar for collecting the same, which said moneys shall be levied and collected in same manner as other contingent charges of sd county are levied and col- lected."
Oct. 7, 1818, the Board of Supervisors met at the house of Baker Leonard, in Ischua (now Ellicottville), consisting of Chairman James Green, of Great Valley ; Seymour Bou- ton, Olean ; Thomas Morris, Ischua; Silas Nash, Perry. Joseph McClure was appointed clerk. At this meeting the following bills were presented and audited :
BILL FOR LOCATING COUNTY-SITE IN 1808.
The Co. of Cattaraugus. To Isaac Sutherland, Dr., Oct., 1808. To fixing site of Court-house in said County, 10 days, at $2.00 per day. To expenses, $10.00 $30.00 12.90
Interest
$42.90
The above amt. is directed to be paid by an act of Legislature passed Mar. 11, 1808.
The Supervisors of Cattaraugus Co. will please to audit and allow the above account, and give a county order to Mr. Baker Leonard. ISAAC SUTHERLAND.
September 4th, 1818.
The Co. of Cattaraugus. To Baker Leonard, Dr., July, 1818. To use of room for holding court, together with candles, tables, seats, and other conveniences for said courts for July term $33.38
The Co. of Cattaraugus. To Baker Leonard, Dr., Oct. 10, 1818. To use of room for Supervisors, candles, tables, fire- wood, &o., for five days. 5.00
$38.33
The County of Cattaraugus. To David Goodwin, Dr. To use of room, candles, fire-wood, &c., for Grand Jury, Nov. term, 1818 $5.00
The County of Cattaraugus. To Seymour Bouton, Thos. Morris, and Siles Nash. For fixing site for Gaol, $5.00 each $15.00
At this session of the board it was "Resolved, that fifteen hundred dollars be raised with collectors' fees for building court-house."
At a meeting of the Board of Supervisors held at the house of Baker Leonard, Oct. 5, 1819, at which there were present Chairman James Green, for Great Valley ; Royal Tefft, for Little Valley; Dan Allen, for Perrysburg; Thomas Morris, for Ischua; Ebenezer Lockwood, for Olean ; the following action was taken :
" Whereas, by an Act of Legislature passed April 21, 1818, entitled an ' act to establish the place of holding courts in the county of Catta- raugus and for other purposes,' it becomes the duty of the supervisors of the county to fix the site for court-house; and whereas, the super- visors, in compliance with said above in part recited act, did on or about the 9th day of October, in the year 1818, designate lots thirty- eight and thirty-nine, in the village of Ellicottville, whereon to build a court-house and gaol for the county ; and whereas, by resolution of the Board of Supervisors in 1818, the supervisors' clerk was requested to and did inform David Goodwin, Esq., of said designation, and re- quest a deed of conveyance of said lots to the supervisors of Catta- raugus and their successors in office; and whereas, the deed has not been delivered to the supervisors and their successors in office, there- fore resolved, that Ebenezer Lockwood, Esq., supervisor of the town of Olean, be requested to call on the Holland Land Company's Agent at Batavia, in the name of the supervisors of Cattaraugus County, ask for and receive of said company a good and sufficient deed to the supervisors of Cattaraugus County and their successors in office."
At a later date in the same session occurs the following:
" A certain instrument in writing, purporting to be a deed of con- veyance from Wilhelm Willink, Hendrick Vallenhoven, and Rutger Jan Schemmilpenninck, by their attorney, Joseph Ellicott, to the supervisors of the county of Cattaraugus and their successors in office, of two lots of land in the village of Ellicottville; and as the deed or instrument has been presented to the board at their adjourned meet- ing on the 2d day of November, 1819, and by them duly considered, it was unanimously resolved that the deed or instrument contains provisions that may at some future period be injurious to the interest of the inhabitants of the county, and inconsistent with the rights and privileges as citizens, and that a conveyance vesting the fee of the lands described in the aforesaid instrument fully and unconditionally in the supervisors of Cattaraugus County, and their successors in office forever, ought to be obtained. Resolved, that the clerk cause the deed to be conveyed to and left at the Land Office in Batavia, to- gether with a copy of the preceding recital and resolution."
In due course of time a deed from the Holland Land Company to the Supervisors of Cattaraugus County was received, dated Jan. 17, 1820, and was recorded in the county clerk's office, Oct. 4, 1820, at nine o'clock, P.M.
An act was passed March 12, 1819, " For the erection of a gaol and establishment of gaol liberties in Cattaraugus
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HISTORY OF CATTARAUGUS COUNTY, NEW YORK.
County," authorizing the supervisors "to use the sum of fifteen hundred dollars caused to be levied for court-house to be placed for jail." David Goodwin, Baker Leonard, Benjamin Waterman, Commissioners.
The building was erected in 1820 on the public square in Ellicottville. This first county prison was formed of an inner and an outer structure of scored logs, there being left between these a considerable space, which was solidly filled with stones, as a means of greater security against the escape of prisoners; and the building stood upon a stone foundation, which was filled in the same manner over the entire surface beneath the floors. The rooms below were divided by a hall through the centre; on the one side were the cells, and on the other two large debtors' rooms, each twenty feet square. Above the prison was a second story of the same size, which was the court-room (or court-house) of Cattaraugus County.
At the November term of the Court of Common Pleas it was ordered " that all process hereafter to be made re- turnable in this court be made returnable at the court- house in the town of Ischua, and that the building now erected in said town for a prison and court-house shall in all process and pleadings be denominated the court-house in and for the county of Cattaraugus."
The court-house and jail-building was destroyed by fire in the winter of 1829. As the jailor lived at some distance from the prison, and was away at the time the fire occurred, there was great panic and consternation among the pris- oners, who screamed fire and called frantically for succor ; but help arrived in time, and all were rescued.
REBUILDING OF COURT-HOUSE AND JAIL.
After the destruction of the county building there was some discussion of the question of removal of the county- site from Ellicottville, and the erection of new buildings at some other point. The people of that village were much agitated on this account during the time that elapsed be- tween the burning and the final passage of the act ( April 16, 1829) which authorized the rebuilding. When the good news arrived from Albany announcing the passage of that act and that Ellicottville was to remain the seat of justice as before, that village witnessed such scenes of jubi- lation as it never saw before, and perhaps has never seen since. Sober and staid citizens, joining in the general hilarity, permitted themselves to be carried through the streets on the shoulders of young men who could think of no other method sufficiently unique to demonstrate their over- flowing enthusiasm. Sobriety was not permitted, and no one, no matter of what degree of dignity, was exempted from the requirements of conviviality, though there is no case mentioned of any one in Ellicottville who then showed any strong desire to escape those requirements. It is related of Richard Hill, the first printer of the village, that upon that occasion, after a little preliminary celebration at the hotel, he remembered that it was his duty to carry the exhilarating news to his wife, and, acting on the thought, rushed home to make the astounding announce- ment to that lady that " the court-house has come !"
And, after a short delay (but one which seemed long enough to the people of Ellicottville), the court-house did
come. It was built during the same year, and so nearly completed that the January term of court for 1830 was held in it. In the mean time, since the destruction of the old building, the courts had been held in the ball-room of Lothrop Vinton.
An act was passed April 5, 1830, in which the comp- troller was authorized to loan Cattaraugus County three thousand three hundred dollars belonging to the capital of the common-school fund, at 6 per cent. interest, to enable the county to pay for court-house and jail, built in accord- ance with the act passed April 16, 1829, authorizing the supervisors to raise money for that purpose.
An act was passed, March 25, 1831, requiring the super- visors to assess not exceeding twelve hundred dollars to complete the court-house and jail.
William Stillwell, Andrew Mead, and Abner Chase were appointed commissioners to superintend and contract for such completion.
REMOVAL OF THE COUNTY-SITE AND ERECTION OF THE PRESENT BUILDINGS.
The county-site of Cattaraugus was removed from Elli- cottville to Little Valley in 1868. The act authorizing the removal was passed on the 17th of April, 1865, and entitled " An act to remove the county-site of Cattaraugus County to the Erie Railway, and locate and procure a new site, and build county buildings thereon, and sell the old county buildings."
In conformity with the provisions of section thirteen of the said act, the towns of Little Valley and Napoli, at spe- cial town-meetings, had voted the sum of ten thousand dollars and three thousand dollars, respectively, and the proceedings of such town-meetings were legalized by Chap- ter 683, Laws of New York, 1866. These sums were voted by the towns named for the purpose of securing the location in the village of Little Valley ; and as the amount 80 voted was insufficient to erect and complete the build- ings, the amount of the deficit was guaranteed by indi- vidual bonds for money and material, so as to relieve the county of all expense arising from the removal; but only in case the village of Little Valley should be selected for the location of the county-site.
By virtue of the authority conferred in the act, the Governor of the State appointed Hons. Orsell Cook, of Chautauqua, Robert B. Van Valkenburg, of Steuben, and Seth Wakeman, of Genesee County, commissioners to designate some central and convenient point on the line of the Erie Railway at which to locate the county buildings and site; and these commissioners having examined the various locations, designated the town of Little Valley for the location of the new county-site, and duly filed a certifi- cate of such location, in the office of the clerk of Cattarau- gus County, on the 25th day of July, 1865. The Board of Supervisors of the county, at their annual session in 1866, acting in conformity with the provisions of section two of the act above named, appointed Frank L. Stowell, of the town of Olean, Lemuel S. Jenks, of the town of Persia, and John Manley, of the town of Little Valley, building commissioners, who were, at the same time. in- structed and required "to select and determine upon a
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