USA > New York > Cayuga County > History of Cayuga County, New York > Part 25
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Lansing Briggs was born the next year after our medical society was organized. During his infancy his parents moved from the eastern part of the state to Scipio, where he was reared and edu- cated. He early became a medical student of Doctor Phineas Hurd, while teaching in Scipio, and later in 1829, he studied medi- cine with Doctor Joseph T. Pitney, of Auburn. He graduated at the Berkshire Medical Institute at Pittsfield, Mass., and com- menced the practice of his profession with Doctor John G. Morgan in June, 1831, in an office at No. 1 North street, Auburn, N. Y.
Asiatic cholera became prevalent in America the following summer and Doctor Briggs was commissioned by the health depart- ment of Auburn to visit Rochester and other cities where the disease was prevailing, to personally study sanitary measures of
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prevention and treatment of this scourge. Doctor Briggs practised medicine twenty years before he made surgery a specialty. The practice of surgery of all this region of the country had up to this time been monopolized by Doctor Pitney, whose health was now failing, and that practice gradually fell into the hands of Doctor Briggs.
In 1848 Doctor Briggs returned from a European trip filled with professional enthusiasm over the successful experiments in anæsthetics by Sir James Y. Simpson, which at that time were interesting the profession of all Europe. Although chloroform had been discovered as a chemical product in 1831 by Samuel Guthrie, of Sacketts Harbor, N. Y., not over fifty miles from our county, the honor remained for Doctor Briggs in the seventeenth year of his professional life to bring back 3,000 miles from Europe, the knowledge of its newly discovered anæsthetic and he was first in this part of the state to introduce its use in the practice of surgery. Doctor Briggs was also first to perform the capital operation of ovariotomy in this county, which he did success- fully October 3, 1867.
Frank H. Hamilton, M. D., a surgeon of national reputation, was a student at the office of Doctor Briggs. Doctor Hamilton's early professional life was spent in Auburn, associated with the Auburn Medical School as student, instructor and lecturer and with this society as censor, secretary and librarian. He joined the Medical Society August 1, 1833. The next year he won a cash prize of $25.00 given by this society for the best essay written by any member. When the Auburn Medical School was absorbed by Geneva's victory in obtaining the charter and appropriation from the State Legislature, Doctor Hamilton went to Geneva College as lecturer on surgery. In after years he won distinction not only as a professor of surgery, but also as an author of several surgical works of authority on both sides of the Atlantic.
The building of the Erie Canal opened a thoroughfare across
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the county, diverting the western emigration from the Genesee turnpike through Auburn and over Cayuga bridge to the canal towns. Weedsport thus became the chief commercial center from which Auburn received and sent all shipments of merchan- dise. The construction through the swamps and lower water levels of the state increased the demands for physicians to attend the settlers who suffered not only from ague, typhoid and malarial fevers, but also from contagious diseases. Asiatic cholera, small- pox and other dreaded diseases were thus transported along the new highway into the country. The center of civilization of the county, until this time, had been in the healthful highlands along the southern lakes. Here were the churches, schools, and all the improvements. Newspapers were established and published consecutively at Levanna, Scipioville, Aurora and Union Springs, until the canal opened.
The diversion of interest from the southern part of the county to the new canal sections is illustrated by the location of the following officers of the medical society elected at an annual meeting in 1835: George W. Fitch, of Montezuma, president; Hermon D. Eldridge, of Port Byron, vice-president ; William W. Williamson, of Weedsport, treasurer; Frank H. Hamilton, of Auburn, sec- retary; A. P. Thompson, of Aurora; O. W. Blanchard, of Victory, Samuel Gilmore, of Fleming, and Dennison R. Pearl, of Genoa, were elected censors.
Public interest was deeply stirred in the middle of the century by the trial of William Freeman, a quarter-blood Indian and negro who murdered the family of John G. Van Nest near the foot of Owasco Lake on March 12, 1846. On the part of the people this trial was conducted by Honorable John Van Buren, attorney- general of the state, and for the defense by Honorable William H. Seward, ex-governor of this state. The distinguished lawyer for the defense at this trial first employed the plea of moral insanity as a defense against a murder charge, establishing it by expert
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testimony of twenty physicians-members of the Cayuga County and New York State Medical societies.
Dr. Blanchard Fosgate was a prominent witness in this trial; he had been the prisoner's physician at the jail and in the prison where he died August 21, 1847. He also assisted at the autopsy. Doctor Fosgate commenced the study of medicine at the early age of thirteen. He was an active member of our society for forty- five years and for twenty-two years the secretary of the same. He was the first to discover and publish to the medical world the antidote caffein in opium poisoning. He also originated the well- known domestic medicine "Fosgate's Cordial."
Homeopathy was introduced and practised in this county in 1841, by Dr. Horatio Robinson. Doctor Robinson graduated from the Berkshire Medical College at Pittsfield, Mass. in 1826, a few years before Doctor Briggs and Doctor Fosgate, and had practised the regular system of medicine in the eastern states about fifteen years. He studied the new system of "Similia simi- libus curantur" with a German doctor at Seneca Falls at a time when it had only thirty or forty followers in the country.
He was succeeded in his practice by his son Horatio Robinson Jr., with larger range of practice and popularity and later by his grandson, who is still an active practitioner.
In the earlier history of medical affairs in this county the medical society passed a resolution to publish in the secular papers such of their ethical principles as they deemed it advantageous for the public in general to know. The following quotation will illustrate some of their published declarations: "A physician can not pass successfully through his career without the aid of much fortitude of mind and a religious sense of all his obligations, of conscience, honor and humanity. His personal character should, therefore, be that of a perfect gentleman. The confidence of the people can not be awarded to any other.
"A physician in indigent circumstances is not permitted to
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embrace or exercise any business which could degrade the character of his profession, such as keeping a tavern, gambling, victualling, or play-house.
"Any low trade or mercenary occupation is incompatible with the dignity and independence of the medical avocation. In such derogatory situation a physician forfeits the privileges of his profession.
"The vital importance of the medical profession requires that it should be practised with fidelity to its scientific principles and approved doctrines; with honor to all its members and with justice and humanity to the sick. A departure from the above principles constitutes quackery. Any physician or surgeon who divides his responsibility with a known quack, and associates with him in medical consultation, receiving a fee or the usual charge for such services, or practises with nostrums, secret medicines, or patent remedies is guilty of quackery.
"Public advertisements, inviting customers afflicted with defined diseases; promising radical cures; engaging for no cure, no pay; offering advice and medicine to the poor gratis; producing certificates and signatures, even of respectable individuals in sup- port of the advertiser's skill and success, and the like, are all abso- lutely acts of quackery which medical institutions should always repress, and punish by the rejection or expulsion of those who commit them."
The discussion on medical ethics, and varied opinions on new sys- tems of medical practice, and the strenuous efforts to quell quackery and reform the practice of medicine in the ante bellum days devel- oped new legislation in medical matters, so unsatisfactory to mem- bers of the medical society that they sold their library at auction, and took no interest in society meetings for a dozen years.
The Auburn Medical Association was then formed and had a short and uneventful history during the early 50's.
Asiatic cholera appeared in the county in 1850; and among the
20
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many fatal cases was that of Dr. Leander B. Bigelow, physician at the prison and a prominent leader, for twenty-five years, in civic, social and medical affairs.
The Civil War called many physicians into service, prominent among whom were doctors David H. Armstrong, Theodore Dimon, D. Dudley and Cyrus Powers.
Many others who served in the rank and file in defence of the Union afterwards entered the medical profession.
After the war the medical society was reinstated and has con- tinued on a prosperous career of professional fellowship and regular meetings to the present time.
At a meeting of the society held at the Court House in the City of Auburn, July 10, 1867, I find the following resolution re- corded, which I am pleased to use as historical evidence to prove that our society is not only the originator of the medical depart- ment of the Syracuse University, but also the founder of the Central New York Medical Association :
"Resolved That the Medical Society of Cayuga County propose through its secretary to the Onondaga County Medical Society, to unite with them in forming a Medical Society of Central New York, to hold meetings alternately at Syracuse and Auburn, the number of meetings annually to be determined by the society when formed." Amended with the addition of Seneca, Wayne, Ontario and Monroe counties to the list.
At the January meeting, 1868, the secretary read his corres- pondence with the above-named medical societies all of which gave evidence of a cordial approval of the proposed plan. The president then appointed Doctors Brinkerhoff, Button, Hall and Hoffman as delegates to meet with similar delegates from the other county societies for the purpose of organizing the pro- posed consolidated medical association.
The Medical Association of Central New York was formed that same year, 1868, with the following officers: Edward W.
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WILLIAM S. CHEESMAN, M. D.
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Moore, of Rochester, president; T. S. Brinkerhoff, of Auburn, secretary ; Alfred Mercer, of Syracuse, treasurer.
The records of this society also show that the Cayuga County Medical Society has furnished the following presidents:
Samuel Gilmore, of Fleming, 1872; Benjamin A. Fordyce, of Union Springs, 1877; Theodore Dimon, of Auburn, 1882; Joseph P. Crevaling, of Auburn, 1886; William S. Cheesman, of Auburn, 1896; John Gerin, of Auburn, 1902.
We have also furnished eighteen vice-presidents and about forty active members for the support of the above association.
The last quarter of the century the society has kept abreast with the advancing medical spirit of the age. As the decades have passed with their medical discoveries and new inventions, our methods of treatment, our policy, and our estimation of vital questions of professional import, have been readjusted.
Our laws and by-laws have from time to time been revised to meet the exigencies of this local progress.
At the centennial meeting we entered a new régime of govern- ment amalgamating the county districts and state societies into closer affinity, giving greater privileges to the members and a wider range of influence and power to the organization. As the first fruit of this professional amalgamation there has this year been placed on the statute book of the state a new medical practice law, which is the culmination of what the state society has endeavored to effect for more than twenty-five years.
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CHAPTER XX. BENCH AND BAR.
THE BENCH AND BAR OF THE COUNTY OF CAYUGA.
BY LAVERN A. PIERCE.
The writer of this article is of the belief that the history of the bench and bar of a county is unjust and of little practical value unless it includes as full information as it is possible to obtain of every man-living and dead-who is, or has been at any time a resident jurist or practitioner within such county, and that sub- stantially the same recognition should be accorded each. This method of treatment of the subject committed to my care very properly eliminates eulogies and fulsome flattery of friends as well as disparagement and criticism of enemies, and confines my efforts to a limited biographical review rather than extended personal nar- ratives of the individual success or failure of my professional brethren yet living.
I trust, however, that I may be pardoned if I shall record at greater length the life and achievements of those of our members who now "rest from their labors;" whose conceded ability, public service, and earnest life work secured to our bar the high reputation it has for many years enjoyed in the state. In this view this article is prepared.
The "Onondaga Military Tract" so called, was composed of the present counties of Cayuga, Seneca, Onondaga, Cortland, and por- tions of Wayne, Steuben and Oswego. In 1794, Onondaga County was erected and included the present counties of Cayuga, Seneca and part of Tompkins. In those early days the courts possessing and exercising the jurisdiction now vested in and exercised by the
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county courts, were known as Courts of Common Pleas, and the "first judge" of that court, in each county, was to all intents and purposes the county judge.
Seth Phelps, a resident of Aurora, although not a lawyer, was appointed "first judge" of the Court of Common Pleas of that county on March 14, 1794, and filled the office until the erection of Cayuga County in 1799, on the fourteenth of March of which year he was appointed "first judge" of the Court of Common Pleas of Cayuga County and served until February 26, 1810. The early courts of both Onondaga and Cayuga counties were held at Aurora, which was for several years one of the half shire towns of the county, Cayuga Ferry, now village, being the other.
Judge Phelps held the first Court of Common Pleas in and for Onondaga County, in a corn house in the village of Aurora, in 1794, assisted by John Richardson, Silas Halsey and William Stevens, judges of the same court. The first session of the Oyer and Ter- miner was held in a private house in that village on July 21, 1794, the presiding judge being the Honorable Egbert Benson of the Supreme Court, at which term a single criminal case was tried. The first term of the Circuit Court was held at the home of Judge Phelps, in the village of Aurora, on September 7, 1795, and was composed of the Honorable John Lansing, Judge of the Supreme Court, presiding and Seth Phelps, John Richardson and William Stevens, judges of the Court of Common Pleas. A Circuit Court does not appear to have again been held in what is now Cayuga County, until June 12, 1798, when a term was convened at Aurora, the court being composed of the Honorable James Kent, Supreme Court judge, presiding, and Seth Phelps, William Stevens and Seth Sherwood, judges of the Court of Common Pleas. This term was held in what has facetiously been called "the first court house erected in the county," which was composed of crotched posts set in the ground supporting poles covered with brush, in which
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primitive structure courts were held in the summer season and justice dispensed for several years.
In 1796, the courts were held at Manlius in what is now Onondaga County ; in 1797 at Ovid in the present county of Seneca, and in 1798 at Manlius, Ovid and Aurora.
The first court held in Cayuga County, after its erection, was a Court of Common Pleas, presided over by First Judge Phelps, at Cayuga Ferry, (now village) on May 21, 1799, Seth Sherwood and John Tillotson being the associate judges. At this term the "liber- ties of the gaol" in and for the county, were established at Cayuga, in the school-house in which village the courts were mostly held until 1804 when the "gaol of liberties" were formally transferred to Aurora. The first jail was erected on the lake shore at Cayuga, at the end of the bridge crossing the lake, the lower floor being below the bridge level and used for a jail and the upper floor as the bridge toll house. There were no doors in the lower part of the building and prisoners were conducted to the jail through a trap door in the floor of the toll house (which was also the roof of the jail) by means of a ladder.
Seneca County was detached from Cayuga, March 27, 1804, which necessitated a change of the place of holding courts to a more central position in the county, and a statute was enacted fixing the site of the court house at Sherwood Corners, directing the raising of $1,500 for the the erection of a court house at that place, and appointing commissioners to carry the provisions of the statute into effect. This law was very unsatisfactory to a large majority of the residents of the county, whose opposition was so manifest and decided that the appointed commissioners took no action to carry its provisions into effect and it was, shortly after its enactment, repealed. Under subsequent legislation commissioners residing in other parts of the state were appointed to locate the county seat and in June of 1804, agreed upon and designated Hardenbergh's Corners-now the City of Auburn-as such county seat and the
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site of the court house. The land on which our present county buildings are located was purchased and the first court house erected there-being completed in 1809, the first floor being used as a jail and the second as a court room. The first term of court in Hardenbergh's Corners was held in the new court house-before its completion-in May, 1808, by the Honorable Elijah Price, presiding judge and Barnabas Smith and Charles Kellogg, justices. The first Circuit Court was held in July, 1908, Judge Ambrose Spencer, presiding. The present court house was erected in the late 30's since which time the Supreme, County and Surrogate courts have been held herein.
THE HONORED DEAD-SUPREME COURT BENCH.
THROOP, HON. ENOS T. Born at Johnstown, Fulton County, N. Y., August 21, 1784; education, common school; read law in the office of George Metcalf, Esq., in Albany, for seven years, commencing (at the age of fourteen) on October 17, 1798; ad- mitted to the bar of the Supreme Court in January, 1806 and com- menced practice in Auburn in March of that year. Postmaster, 1809 to 1815. Appointed a judge of the Supreme Court, for the Seventh Circuit in 1823. He is recorded as having discharged the duties of his high office with great honor and credit to himself and satifsaction to the bar. He held the additional offices of county clerk; member of the Fourteenth Congress, representing the counties of Cayuga, Seneca, Tioga and Broome, a double district sending two members; lieutenant-governor and gov- ernor of the state of New York; naval officer of the port of New York and charge d'affairs to the Kingdom of the Two Sicilies. He died at the home of his nephew at "Willow Brook" on the shore of Owasco Lake on November 1, 1874.
MAYNARD, HON. JOHN. I am unable to procure information of this jurist other than that he was a practitioner in Auburn,
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elected a judge of the Supreme Court in 1847, and died in office, March 24, 1850.
DWIGHT, HON. CHARLES C. Born in Richmond, Berkshire County, Mass., September 15, 1830; graduated from Williams College in 1850; read law in the office of Amos Dean, Esq. in Albany and was admitted to the bar in 1853; commenced the practice of his profession in Auburn in 1859, in which year he was elected county judge, and served until the commencement of the Civil War, when he resigned and enlisted, being commissioned captain of Company D, Seventy-Fifth New York Volunteers. In 1862 he was appointed assistant adjutant general of volunteers and assigned to duty on the staff of General Lewis G. Arnold, at New Orleans.
In the same year he was commissioned colonel of the One Hundred and Sixtieth New York Volunteers, which regiment was mustered into the service on November 22, 1862. In 1863 he was appointed judge of the Provost Court at New Orleans and in 1864 was detailed to, and acted as, commissioner for the exchange of prisoners in the Department of the Gulf. He resumed practice in Auburn in 1865, was elected a delegate to the Con- stitutional Convention of 1867, and in 1868 was appointed a justice of the Supreme Court to fill the vacancy caused by the death of Justice Henry Welles; elected Supreme Court justice in 1869, again in 1877, and again in 1891 ; assigned to the General Term- Fifth Department-January 1, 1888, as associate justice ; appointed presiding justice, January 1, 1890; assigned to the Appellate Division-First Department-February 21, 1895, as associate justice, but declined the appointment. His term expired by constitutional limitation December 31, 1900. He died at his residence in Auburn on April 8, 1902, beloved and respected by all who knew him.
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FIRST JUDGES OF THE COURT OF COMMON PLEAS OF CAYUGA
COUNTY.
PHELPS, HON. SETH. Settled in Cayuga County in 1791; appointed first judge of Onondaga County in 1794; of Cayuga County, March 14, 1799, and served until February 26, 1810. He was a captain in the Revoluntionary War; state senator from 1798 to 1801 and again from 1810 to 1813. Removed to Ohio in 1819 and died at Parkman in that state in February, 1823.
WOOD, HON. WALTER. Born in Dartmouth, Mass., August 17, 1765; self educated; read law in White Creek, Washington County, N. Y., where he was admitted to the bar; commenced practice in Cayuga County-at Aurora-in 1795; appointed first judge February 26, 1810-succeeding Judge Phelps-and served until March 13, 1817, when he removed to Montville (this county) where he died September 8, 1827.
MILLER, HON. ELIJAH. Born in the town of Bedford, West- chester County, N. Y., April 11, 1772; self educated; read law in the office of Daniel Shepard in Aurora, this county; admitted to the bar in May, 1799 and commenced practice at Cayuga; re- moved to Auburn in 1808; appointed first judge, March 13, 1817 and served six years, displaying marked judicial ability. He died at his residence in this city on November 13, 1851.
POWERS, HON. GERSHAM. I am unable to secure any data relating to this jurist other than that he was appointed first judge. January 31, 1823, and served four years.
RICHARDSON, HON. JOSEPH. Came to Auburn from Frederick, Maryland, in 1806 and formed a partnership with Honorable Enos T. Throop, which continued for nine years during a portion of which time he filled the office of assistant attorney-general of the state; he was brigade paymaster during the year of 1812: appointed United States district-attorney of the Ninth District composed of the counties of Cayuga, Chenango, Madison, Onon-
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daga and Cortland on April 17, 1815; appointed first judge January 8, 1827 and served for twenty years until the constitution of 1847, with its attendant legislation, changed the office to "county judge" and made it elective. He died at Auburn in 1855.
CAYUGA COUNTY JUDGES.
HURLBURT, HON. JOHN P. I am unable to secure any infor- mation concerning this jurist other than his election to the office in June 1847, and service for four years.
HUMPHREYS, HON. GEORGE. Removed from Auburn to the village of Cato, where he commenced practice in 1844: elected county judge in November, 1851, and served eight years. Mayor of the city in 1861-2-5. No other information obtainable.
DWIGHT, HON. CHARLES C., whose biography has been given as a Supreme Court justice, was elected county judge in November, 1859 and served part of one term.
HUGHITT, HON. WILLIAM E. Born in Genoa, Cayuga County, N. Y., October 22, 1832 ; graduated at Amherst college in 1855 and commenced the study of law, the same year, in the office of Under- wood & Avery, at Auburn; admitted to the bar in 1857; elected county judge in November, 1863 and served fourteen years. He united business pursuits with his practice, being interested in the banking business of the city and a director and officer of one of its banks for many years. He was a careful, conscientious lawyer of marked ability and an impartial, honest and able jurist. He died at his residence in this city on April 12, 1897.
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