USA > New York > Cayuga County > History of Cayuga County, New York : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 46
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In person Mr. Hubbard is about five feet seven, well built, perfectly healthy. He is blessed with that pleasing manner which instantly commends him to new acquaintances and makes him popu- lar among his friends. He is dignified in his bearing and careful to avoid everything that will cause unjust remarks or criticisms. He is inde- pendent in his manner, except when attending to the wants of those in affliction, and there you discover his true nature. He sympathizes with
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the afflicted and strives by kind words and strict attention to their wants, as far as lies in his pow- er, to lighten the burden of their sorrow. He is a much respected member of Auburn Lodge No. 431, F. and A. M., and Auburn Tent of Recha- bites No. 27, I. O. of R.
THEODORE J. SEARLS.
THEODORE J. SEARLS was born in Weedsport, Cayuga County, N. Y., May 20th, 1851. His father, Rev. William Searls, was born in Geddes, Onondaga county, N. Y., in November, 1827, in the midst of formidable difficulties, which sur-
and in less than one year graduated at Brown's Business College. At the age of 17 he entered the law office of Honorable J. T. M. Davie, now Surrogate of Cayuga County, with whom he re- maincd one year. He then entered the office of Hon. E. A. Thomas, late Judge of Wyoming Territory, and remained with him nearly a year, when, on account of a change in his father's ap- pointment to the Ist M. E. Church of Rome, N. Y., and desiring to remain with his parents as long as possible, he concluded to go with them and immediately entered the office of Hon. B. J. Beach, Member of Assembly in 1848, and Hon. A. H. Bailey, M. C. in 1868 and County Judge in 1871, both men of ability.
While in their office he was not only a regular
THEODORE J. SEARLS,
JOHN W. HUBBARD.
rounded him at the very gates of life. His pa- rents being poor and his father intemperate, the returns from his labor were therefore very small, and seeing this he made a solemn pledge, which has never been broken, never to drink intoxica- ting liquors as a beverage so long as he lived.
When about twenty-one years of age he united with the M. E. Church and in a few years en- tered the ministry of that church, and at once rose to the front rank in the conference, filling the first appointments and ever preaching to large congregations. For several years he has been, as he is now, the very acceptable chaplain of Auburn prison.
While stationed as pastor of the Ist M. E. Church of Ithaca, N. Y., his son Theodore fin- ished his academic education. He soon after re- ceived an appointment at the Ist M. E. Church of Auburn, N. Y. Theodore went with him,
correspondent for two papers but composed ·some very beautiful pieces of poetry.
After studying with these noted preceptors for two years, on the 7th day of June, 1872, at the Buf- falo General Term of the Supreme Court, he was admitted to practice in all the Courts of this State. He received the following complimentary notice from the Utica Morning Herald of June Ioth, 1872 :
"At the General Term of the Supreme Court, now in session in Buffalo, Mr. Theodore J. Searls, of Rome, was admitted to practice law in all the Courts of this State. Mr. S. is a young man of talents, integrity and of correct habits ; he has a fine future before him, and his friends will be glad to hear of his success. He is a son of Rev. Wm. Searls of that place. It is understood he has made business arrangements in Auburn, and will at once commence the practice of law there.
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CITY OF AUBURN.
And the following from the Roman Citizen of Rome, N. Y., of June 12th, 1872 :
"ADMITTED TO THE BAR .- Mr. Theodore J. Searls of this city, was last week admitted at the General Term of the Supreme Court, held at Buf- falo, to practice law in all the Courts of this State. We congratulate our young friend on his success in passing an examination which was close and searching, and continued over four hours ; and his many friends will be glad to learn of his going through the ordeal so triumphantly.
"He is a talented and honorable young man, and has the entire confidence of all who appre- ciate modest, yet real worth. He has formed a business connection with an old practitioner at Auburn, and it is understood he will at once com- mence the practice of law in that city. We wish him abundant success. He is the son of Rev. Wm. Searls of this place."
Mr. Searls immediately returned to Auburn and commenced the practice of the law. But this did not seem to be his forte, and he was oft- en told by the older members of the bar that he was cut out for a minister and not a lawyer ; in other words, he was too tender-hearted and could not crush as well as cure the afflicted, and scorned every attempt on the part of his clients to take advantage of their opponents, and inherit- ing his father's fire and spirit, love, money, fear or favor never could influence him to vary one hair's breadth from what he considered to be the right way-that to him was the only way.
During his practice he was several times re- quested to enter the political field but always re- fused and never held but one office, and that by appointment, for one year as assistant to his father in Auburn State Prison. The people have the utmost confidence in him and prominent men in the County have transferred very valuable real estate and other property to him to hold in trust, without a single line to show that they had any- thing to do with it, knowing that it would be ready for them whenever called for. Mr. Searls is always ready to sympathize with and speak words of cheer and comfort to those in affliction. To pass him on the street the stranger would say he appears rather cold and dignified, but when conversing with him you at once discern a genial disposition and warm heart. He is strictly temperate, having taken his father's pledge, which never has been broken, and by the firm and de- cided manner in which he speaks of his hatred of liquor and the liquor traffic we have faith he never will.
He is an honored and much respected mem- ber of Auburn Lodge No. 431, F. & A. M., Da- vid's Chapter No. 34, and Salem Town Com- mandery No. 16, K. T.
The 21st of March, 1876, he purchased Mr. Bulkley's interest in the undertaking business of Bulkley & Hubbard ; the firm name being changed to Hubbard & Searls.
Their rooms, No. 7 Exchange street, opposite the Post-office, are elegantly fitted up and on ac- count of the central location are easy of access.
WARREN THATCHER WORDEN.
WARREN THATCHER WORDEN, son of Nathan Worden, was born in the town of Milton, Sara- toga county, in this State, November 7th, 1806. The maiden name of his mother was Sarah Pull- ing, to whom the subject of this sketch was very tenderly attached, and by whose side it is his de- sire his remains shall be buried. She died June 18th, 1812. She was highly esteemed by the congregation of the Episcopal Church, of which she was a consistent and devoted member, and, also, in the language of an obituary notice, she was " a benevolent neighbor, and a lover of vir- tue, justice and humanity." They had four chil- dren, three sons and one daughter. One son died young, and Alvah, Warren Thatcher and the daughter attained mature life. Alvah mar- ried a sister of Mrs. William H. Seward.
Mr. Worden was left an orphan at twelve years of age, without inheritance and was sub- jected to all the disabilities incidental to that con- dition. Fortunately for him, and for all similarly situated, the common schools were open to him, and he enjoyed, at intervals, the advantages which they afforded, until he was sixteen years of age. At that time, 1822, his elder and only brother, Alvah, took him into his store in Auburn, where he remained as a clerk for a few years, attending also an excellent classical school, taught by the Rev. Noble D. Strong.
He next attended the academy at Geneva, supporting himself while there by writing and taking care of the office of Messrs. Whiting & Butler, the latter a brother of Benjamin F. But- ler, of Albany, one of the revisers of the statutes. Mr. Butler had a large chancery practice, and, by copying the papers in such cases, young Wor- den's retentive memory held for future use the main points in the papers copied, and thus, while yet an academic student, he became familiar with the chancery practice of that time.
Mr. Worden remained in the academy at Geneva, until, and for some two years after, it was merged into Hobart College, when he re- turned to Auburn and entered the law-office of Miller & Seward-Hon. Elijah Miller and William H. Seward. But, being soon after offered a place in the law-office of Mr. Brown, where he could not only pursue his legal studies, but be compensated for taking care of the office, he accepted the offer and remained two years, when he entered Union College in the- class. Here he could meet his necessary ex- penses only by his own personal earnings, but
MR S. W.T WORDEN.
Warren J Worden
RESIDENCE OF W. T. WORDEN. SOUTH ST. AUBURN: N. Y.
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having the will, he soon found the way by doing clerical work in the law-office of Abraham Van Ingen, of Schenectady. He was graduated in 1829, at the age of twenty-three years, and ad- mitted to the bar the year following.
After graduating here he rëentered the office of Mr. Brown accepting a small share of the profits of the business, the control of which fell mainly into his hands. Here he remained until 1830, when he applied for admission to the bar. At that time Mr. Worden's appearance was very youthful, and after the examination was con- cluded and the class appeared to receive their diplomas, Chief Justice Savage, calling Mr. Wor- den to the bench, handed him his license un- signed, and directed him to stand aside. This was a trying moment for the young candidate for legal honors. The Judge, after ascertaining his real age, signed his license with the remark that he appeared quite young for one of his age.
It will thus be noticed that at twenty-four years of age Mr. Worden, by dint of personal industry, had become a well-read classical and legal stu- dent, the latter, under the old chancery practice, a much more difficult task than that of the law- students of to-day, and he had done all this with means supplied by his own industry. That industry he had wisely directed to business in law-offices, where, while he was earning the means with which to pursue his literary studies, he was at the same time gaining a knowledge of his in- tended profession. It involved long, continuous and severe toil and many self-denials ; yet he persevered and finally triumphed.
Very few students of to-day, with every ad- vantage of wealth and leisure, and with no dis- tracting cares as to "what they shall eat, or wherewithal they shall be clothed," or as to how their school, college or other bills shall be paid, do as much in the same time as did this self- re- liant and self-dependent young man, who, against apparently insurmountable obstacles, worked his own way into an honorable profession, wherein he won gratifying success. It was then and has ever since been a characteristic of Mr. Worden, that when he undertook a case, or the execution of other plans, he pursued them with indomita- ble perseverance, giving to them all his time and thoughts ; and while intensely anxious, he never permitted the thought of failure to check or lessen the ardor of his pursuit.
On the 16th day of August, 1832, he married Miss Nancy Emily Bennett, daughter of Dr. Abel Bennett, of West Bloomfield, in this State. They have one son, Warren Augustus, a member of the Auburn bar.
Mr. Worden has always been distinguished more as a man of thought than of words. He is proverbially indifferent to the "rhetorician's rules," and while his oral arguments have been clear and effective, he has never studied or cared for the
ornate in language. His first case was at Utica, and when he had concluded it a criticism was made that the young man had " sadly murdered the King's English," to which Azor Taber re- plied : "No matter, he made it up in ideas." As a man of ideas and of clear comprehension of the salient points in the cases at issue, and the skill to discover and successfully assail the weak points in adverse cases, he had few superiors.
The ingenuity and success with which he man- aged difficult cases was illustrated in the libel suits brought against the Cayuga Patriot in 1839. for publications reflecting upon the agent, phy- sician, and other officers of the prison, for their alleged abuse of convicts. Three suits were brought against the publishers, each represented by able counsel, Mr. Worden appearing for the physician. The excitement in Cayuga County was so great that the venues were changed to Onondaga. The cases were all founded upon the same article and involved substantially the same facts, and hence a decision of one might reasonably be supposed to conclude the other two cases also. The defendants were represen- ted by very able counsel, including James R. Lawrence, Mark H. Sibley and Samuel Beards- ley. The suit represented by Mr. Worden was the last tried and verdicts in both the other cases had been given for the defendants. But a differ- ent decision was rendered in the case represented by Mr. Worden and was produced by his ingen- ious management. His declaration was very long, containing several causes of action, to all of which the defendants pleaded the general issue and several special pleas of avoidance to all the counts except one, that of the publication of the article. The defendants had some sixty witnesses. On opening the case Mr. Worden surprised the defendant's counsel by waiving all the counts except one, that being the count to which there was no plea. He then called a witness, proved the libelous publication, the number of copies is- sued, the reputable character of his client and the damage to him professionally of the publica- tion, and there rested. The opposing counsel asked time for consultation and finally for an ad- journment until morning, which was granted. The case proceeded the next day, the defense calling several witnesses; but their evidence was excluded, on the ground that the plaintiff had waived all claims for damages on those subjects. The verdict of four hundred dollars was rendered for the plaintiff. The decision in these cases prove how much the issue of legal contests de- pends on the skill and ingenuity of counsel.
Numerous cases could be referred to wherein Mr. Worden displayed similar adroitness in cir- cumventing the most able counsel and winning important suits. He left no stone unturned in order to win. His eagerness for success was even greater than that of his clients. He would
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debar himself of rest and even of food when nec- essary to increase his chance of success. In the Tupper case, in which the indictment was for forgery, and, if the trial proceeded, the issue was likely to be against his client ; Mr. Worden, by various pretexts, had the trial delayed until the statute of limitations applied, when the case was thrown out of court.
It is a noteworthy circumstance, that Mr. Wor- den never argued a case at General Term, after Judge Cowen was promoted to the Supreme Court Bench, in which the former did not write an opinion.
One other instance of an important legal con- test in which he was engaged must suffice in this connection.
Hotchkiss & Smith were carpet contractors at the Sing Sing Prison, employing about two hun- dred convicts. Difficulties arose between them and the prison officers, cross actions were con- menced, and the suits were to be tried at the West- chester County Circuit. John VanBuren, then late Attorney-General, J. Warren Tompkins, Judge and Ralph Lockwood and M. L. Cobb, represented the State, and Mr. Worden alone ap- peared for his clients. Mr. VanBuren's presence in the case had drawn to see and hear him an un- comfortable crowd of both sexes. On the day of the trial, seeing the great array and eminence of the opposing counsel, Lieutenant-Governor Wil- kins advised Mr. Hotchkiss not to trust his case to any one. Mr. Hotchkiss replied : " we are poor and have not the means to employ any one to assist." One of the causes was opened with much ability by J. Warren Tompkins. It proceeded slowly, the interest of the audience being kept up by the discussions of counsel. Judge Morse was frequently vacillating in his decisions under the scorching remarks of Mr. Van Buren. The feeling of the audience in the struggle began to manifest itself, and found expression in words like these, " I feel sorry for that little fellow, there are so many on him. I hope he will beat ;" and he did beat. Mr. Worden soon left the court- room, followed by VanBuren, Mr. Wells, the In- spector in charge, and Col. Pomeroy, then agent of the Auburn Prison. Mr. Wells enquired of Mr. Van Buren " what is to be done next ?" Point- ing his finger toward Mr. Worden, he said, " shoot that little cuss !" a remark implying that there was no hope in their case while he lived to resist them. The other cases were referred, and verdicts rendered in favor of Hotchkiss & Smith.
Pares G. Clark and Henry C. Bronson were students in Mr. Worden's office, the latter, son of the late Chief-Justice Greene C. Bronson, and the former became one of the ablest advocates in the State. Mr. Clark and Mr. Worden subsequently were law-partners, and their business was very large and lucrative.
Their partnership continued about four years, when Mr. Clark formed a partnership with ex- Judge Whiting, of New York City.
The more important suits in which Mr. Wor- den has lately been engaged have been those in behalf of the towns of Venice and Genoa against the holders of the bonds of those towns. The cases were carried through the several courts of New York, including the Court of Appeals and the views of Mr. Worden were affirmed. The bonds were then sold out of the State, and suits brought in the United States Circuit Court and taken thence to the Supreme Court by writ of error, and argued by Mr. Worden for the towns. That court declined to follow the decision of the Court of Appeals on a State statute, and, with a divided court, gave judgment against the towns. In the argument of those suits before the Su- preme Court, Mr. Worden was very highly com- plimented by several eminent members of the bar who were in attendance.
In 1867-'68, Mr. Worden, wife and son made a tour of Europe, visiting Naples and Rome and the principal places of interest in Great Britain and on the continent.
Mr. Worden always took a lively interest in political affairs and criticised with great freedom the short-comings of politicians. He was too independent and out-spoken to be a favorite of mere partisans. Formerly a Whig, and always an anti-slavery man, he insisted that all should be equal before the law and enjoy the same po- litical rights. He subsequently became a Demo- crat, and, on the currency question, now holds the views of the National party and, in 1877, was their candidate for Attorney-General of the State. He has also been twice a candidate for Justice of the Supreme Court of the Seventh District, and both times received a large majority of the votes of Cayuga County, notwithstanding it gave large opposing majorities for the other candidates.
Mr. Worden has been a frequent and volumin- ous contributor both to law and political journals, in which he discussed legal and political ques- tions, with that originality, boldness and ability, by which he has always been distinguished. In his profession he has been successful ; his busi- ness has been large and he secured a comfortable fortune. Both Mr. and Mrs. Worden are mem- bers of the Protestant Episcopal Church, as were also their ancestors before them.
DR. BLANCHARD FOSGATE.
DOCTOR BLANCHARD FOSGATE was born Jan- uary 5th, 1809 in the county of Montgomery, State of New York, being about the sixth in descent on his paternal side in this country from an Anglo- Saxon family, and on his maternal, from about the
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fourth generation of Highland Scot and Hiber- nian Celt.
In company with his parents he moved from Herkimer, his second home on the banks of the Mohawk, and arrived at Auburn in the spring of 1822, where he still resides.
When thirteen years old he left the district school to learn the drug and medicine business under instruction of his father and, with the ex- ception of a single year spent in study at an acade- my, he followed that and the compounding of drugs for support, pursuing at intervals the study of medicine.
At twenty-five he attained at a medical col- lege the degree of Doctor of Medicine, and in 1835, the succeeding year, married Maria Re-
Photo by Ernsberger & Ray.
B. Fosgate
becca-daughter of Henry R. Abbott, Esq., of London, England, since which, in connection with his former occupation, he has practiced for most of that time his profession, holding several positions of considerable importance in that call- ing and has been an active member in most of the scientific and literary associations of Auburn during the past half century.
In 1849 he was appointed Physician to the New York State Prison at Auburn ; in 1853, elected a member of the "American Association for the Advancement of Science ;" was Medical Attendant for a decade at the County Asylum ; Secretary of Cayuga County Medical Society for twenty-two years ; for twenty years a trustee of Auburn Academy ; has published on several oc- casions essays-historical, professional, social and scientific-and practiced his profession and fol- lowed steadily, throughout, his original occupa-
tion. His life has been one of laborious indus- try and careful economy, and any respite from the former, or departure from the latter, has been so rare as to be luxuries in a life thus far passed in temperate sobriety.
Without an inheritance of wealth, or assistance from its possessors, either in material or sympa- thy, he has, though neither pampered with sur- plus gains nor afflicted by indigence, maintained in his intercourse with mankind, a respectable independence and sustained an unimpeached in- tegrity.
WILLIAM L. BUNDY.
WILLIAM LEGRAND BUNDY was born at Otego, Otsego county, N. Y., in 1846, and in 1848 re- moved with his parents to Auburn, where he attended the public schools until 1861, occupying his leisure time in selling papers, to add to the scanty means of his parents. From 1861 to 1863 he was variously employed, his mechanical genius finally finding in the jewelry business a congenial vocation. He entered the store of Messrs. Hyde & Betty, jewelers, of Auburn, and in 1868 commenced the jewelry business on his own account, in company with Wm. Covell, with whom he was associated one year. He employs five persons in the manufacture and repair of jewelry, and in gold and silver plating, most of which is made to order.
Mr. Bundy displays in his show window, No. 90 Genesee street, an ingenious piece of mechanism of his own design and construction. It consists of a clock, the works of which are beautifully engrav- ed and gold and silver plated, and all of which are visible. Arranged in a three-quarter circle around the works, is a chime of eight bells, which strike sixteen times at the quarter hour, thirty-two times at the half hour, and forty-eight times at the three-quarter hour. A gong strikes at the hour. Beneath the works is an arrangement which gives the moon's phases, and a calendar designating its different quarters. A perpetual calendar under these gives the day of the week, the month, and the day of the month. Below the barrel which operates the chimes, are two musical attachments, one of which plays every hour, five minutes after striking, and the other, at five minutes past noon. To the left is a cal- endar showing the day of the year from the first of January of each year, and on the opposite side is one giving the seasons. Another attachment consists of a calendar of the year run by four wheels, one of which will make a revolution in ten years, the second, in one hundred years, the third, in a thousand years, and the fourth, in ten thousand years. Opposite the calendar of the year is a silver grotto through which automaton figures move every quarter hour. The total num-
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ber of pieces which enter into its composition exceeds 3,100. It is just three feet in height from the base to the top of the upper bell. The time occupied in its construction did not exceed three months.
February 22d, 1871, he was united in marriage with Miss Ella Sweet, of Auburn.
REV. WILLIAM SEARLS.
Rev. WILLIAM SEARLS was born in the town of Geddes, Onondaga county, N. Y., in Novem- ber, 1827, and moved with the family to Auburn, N. Y., the following year. His father, Samuel Searls, had enjoyed the very best literary advan- tages the New England schools could give.
He came from the old and honored Searls family of North Hampton, Mass.
Mr. Searls has now in his possession manu- scripts more than one hundred and fifty years old, showing the wealth and standing of his fa- ther's ancestry. His father, soon after coming into possession of his " portion," fell into dissi- pation, and in a course of prodigality, wasted all that fell to him, and was, when William was born, a poor intemperate man. William, seeing this, made a solemn pledge, which has never been broken, never to drink intoxicating liquors as a beverage so long as he lived.
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