History of Chautauqua County, New York, and its people, Volume I, Part 104

Author: Downs, John Phillips, 1853- ed. [from old catalog]; Hedley, Fenwick, Y., joint ed. [from old catalog]
Publication date: 1921
Publisher: Boston, New York [etc.] American historical society, inc.
Number of Pages: 649

USA > New York > Chautauqua County > History of Chautauqua County, New York, and its people, Volume I > Part 104

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Lily Dale Assembly, carrying its principles of equality into practice many years ago, gave womankind rights and privileges no doubt then unknown to any other school of thought, in according to woman the presi- dency of the assembly. In 1900, Mrs. Abby Louise Pet- tengill was president, acceptably filling a short term of years. Succeeding her, Mrs. Esther Humphrey was elected to this important office, filling the same many consecutive years with dignity, honor, and ability. Mrs. Humphrey, retiring at the close of her long and suc- cessful term of office, was vested with the rank of "President Emeritus," undoubtedly an honor never be- fore conferred upon womankind. Thus Lily Dale As- sembly scores another progressive step. Also at the Forest Temple meetings woman, equally with man, has had supervision there, among many others Mrs. A. J. Devereaux of Jamestown-now an octogenarian-who served a successful leadership a number of years.

Among several others who have acceptably served in the responsible position of chairman for the summer meeting we may mention Harrison D. Barrett, speaker, and for many years president of the National Spiritual- ist Association; George Brooks, lecturer and message bearer; but no incumbent of this important position has been more successful and more popular than the present presiding official, John T. Lillie, who has held the position many successive years.

Forty-one years ago Lily Dale was dedicated to the upliftment of mankind-physically, mentally, morally and spiritually, and from year to year it has broadened its scope of endeavor until to-day it stands in the lead of all the summer schools and assemblies and even Chautauquas, in the breadth and scope of its teachings, including science, religion, philosophy, metaphysics, or the science of being; the molecular hypothesis of na- ture; natural selection ; thought, mind, and conscious- ness, and their relation each to the other; ethical or moral training, psychic or spiritual teaching, including the one important line of instruction ignored by all other schools of thought and propaganda-that of spirit re- turn, or communion of mortals with the so-called Im- mortals, and Lily Dale Assembly has been the open door to thousands of people through which knowledge, light, truth, wisdom, culture, unfoldment and refinement have enriched their lives. Lily Dale Assembly-the leading mid-summer camp of a score of others of sim- ilar nature situated throughout the country-has been the means of bringing to the notice of the public the wonderful spiritual phenomena of nature which to-day more fully than ever before is attracting the attention of thinking minds. Also the vital questions of the ever present "Now," pertaining to life's great problems along lines of governmental, civic, educational, social, eco- nomic, hygenic, national and international welfare of the human race are discussed from Lily Dale platform.

The purpose of Lily Dale Assembly is to train the plastic mind of the young along lines of nature study ; teach them about the wondrous universe in which we live; teach them about themselves; teach them the naturalness of life-that there is nothing unnatural or supernatural in this mighty universe. Spirit, the vital force, the animating principle of all life, permeates all nature's marvelous productions, and can, on the mortal plain, only be perceived through matter, and human life works in as the crowning glory of nature's handi- work, with the brain forces of intellectual vigor and

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power-the mind-illuminating the wondrous works of Nature-God.

Lily Dale Assembly has broadminded men and women interested in its welfare, and the platform speakers ean not be excelled by any church in the world in the high moral and spiritual tone of the discourses, in eloquence of diction, and in depth of thought.

Mental and spiritual healing is a prominent factor at Lily Dale, and spiritualism was first in the field of modern thought along this line of endeavor. Among the leading healers may be noted Dr. C. A. Burgess, who conducts healing classes at Library Hall daily. Dr. and Mrs. C. A. Beverly, both mental and spiritual healers living in the "White Kingdom Realm," are workers in the healing art. Frank Casebeer and Mrs. Mattie Lane are also devotees of this method of healing.

Dr. E. A. Hyde of the old school practice, a long- time resident and practicing physician of Lily Dale, has done much to promote health conditions. Other healers of more or less note help to keep the healing vibrations in healthful motion.

Aside from Lily Dale's large, fine library ; aside from its able lecture platform work ; aside from its various class studies; aside from important information im- parted through mediumship-apart from all this, two publications of prominence have been issued at Lily Dale in the past, that proved a strong factor in its propaganda work. In 1892, Hon. A. B. Gaston, of Meadville, commeneed the publication of "The Cas- sadagan," a monthly magazine devoted to the interests of the camp, which was ably conducted and nobly sus- tained for a series of years. Later a publishing house was established on the grounds by W. H. Bach, and the publishing of "The Sunflower" paper commenced its weekly visits to the campers, which later came under the able management of Frank Walker, of Hamburg, New York, under the more comprehensive name "The Seienee of Life." For many years this bright, newsy, helpful paper aided Lily Dale Assembly, closing its effort only when the World War, forced upon us, com- menced its destructive work.

Another interesting feature of the assembly is the psychie class held at Library Hall, where the ablest teachers along a line of thought unknown to theologians or university professors is dilated upon, which pertains to the psychic or spiritual nature of life, explaining the mysteries of the spirit spheres and spirit zones of the ethereal world. What the conditions? Where located ? What its opportunities ?- These and kindred subjects are discoursed upon at Lily Dale Assembly.

Spiritualism stands for all that is true and good, and the lives of its many adherents testify to the benefits and uplifting and educational tendencies, and the un- foldment of latent powers of mind and soul.

Physical culture classes have also been a prominent feature at Lily Dale, recognizing the fact that a sound and healthy body is conducive to a vigorous mental and

spiritual development. Thought exchange meetings are held in the library and are always of deep interest as live questions of the day are discussed.

Very many of the noble souls have passed to their reward out in the sunshine of the higher spirit spheres, for spiritualism has no spacious Hell nor limited Heaven. This mighty universe is unlimited, embodying all time, all space, all substance, all life, and in spirit spheres there is room for all of Earth's children to find a dwelling place where progress and higher develop- ment is the watchword. Only a few of the Old Guard are left, and we honor the memory of all and bless their noble work in launching lily Dale Assembly upon the tide of Life. Brave hearts and willing hands were theirs, and Lily Dale Assembly stands to-day a more lasting monument to their memory than any sculptured bronze or chiselled marble. Brave souls are still at the helm, and Lily Dale Assembly, and the future of this organization, looms higher as gradually ignorance and prejudice fade away under the clearer light of knowl- edge and the brighter torch of reason.

Present board of directors: President emeritus, Mrs. Esther Humphrey ; honorary president, Abraham Ras- ner. Active officers -- George B. Warne, C. A. Burgess, N. H. Van Buskirk, Il. T. Litchfield, C. L. Meyler, G. Montgomery, George W. Way.

Spirit communion is an established fact sustained by many eminent scientists, clergymen, philosophers, states- men, and multitudes of the common folk from all walks of life; all the opposition from the unbelieving mind cannot stay the onward march of this great truth, and Lily Dale Assembly has been the mecca to thou- sands of inquiring souls that has led them out of dark- ness into light.

Lily Dale Assembly as an exponent of a modern school of thought stands for progress, for self unfold- ment, for right living, for religious development, for spiritual upliftment, for freedom of thought in accord with modern times rather than holding to aneient tradi- tions formulated in the "Dark Ages" of the past.

The reader is invited to a fair and impartial consider- ation of the claims of spiritualism, as set forth in these pages, and as carried into effect at Lily Dale Spiritualist Assembly.

In submitting the foregoing to the public the writer is fully aware of the fact that it has been practically impossible to narrate all incidents or give names of all willing workers who have contributed to the es- tablishment of Lily Dale Assembly. The aim has been to note general features and prominent details lead- ing to its present day importance. The memory of the writer has been keenly alert having been identi- fied with the movement since its inception, and aided hy a few published statistics this summary is given to the public, hoping it may lead to a clearer under- standing of the aims and efforts of this widely known Summer School of Spiritualistic propaganda as record- ed in the annals of history.

BENCH AND BAR OF CHAUTAUQUA COUNTY.

The pioneer judiciary of what is now Chautauqua county was composed of three justices of the peace- Perry G. Ellsworth, David Kincaid, and Peter Kane. The word "pioneer" is here used in its strictest sense, for the Chautauqua settlement, then known as the town of Chautauqua, with boundaries practically those of the present county, was established in 1804, and early in the year 1805 Governor Morgan Lewis and his Council of Appointment at Albany named these men as the arbiters of justice in this section of the State. In April of that year, at the first town meeting (held at the Cross Roads,

now Westfield), officers were elected by the people, John MeMahan being chosen supervisor. The remain- ing offices were practically those of our modern town. Supervisor MeMahan was one of the leaders in the early days, and became colonel of the first regiment of this county, which he commanded at the battle of Black Rock and Buffalo in the War of 1812.

In the early courts, parties frequently conducted their own eases without the assistance of attorneys, the pro- eeedings being of the most informal character, and the judgments often of a nature that brings substantial jus-

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tice without much legal formality. Our ideas of the solemnity of a judicial record are somewhat shattered when we read of Justice of the Peace Thomas Aiken, who "sometimes rendered judgment on a shingle with red chalk, and kept record thereof in a crevice in his log dwelling," and yet we venture the opinion that the judgments of Squire Aiken were executed and enforced as thoroughly as the judgments of our own day, care- fully engrossed on ponderous records, preserved in fire- proof vaults. Again we read of a judgment specifically just, which Samuel A. Brown, at one time a leading attorney of the county, rendered while a justice of the peace, in these words: "I find for the plaintiff nine- teen thousand forty-three feet of white pine boards."

What is known as the Act of 1808 provided for the formation of the county, and designated its boundaries, but stipulated that Chautauqua and Cattaraugus should act in conjunction with Niagara until they respectively contained five hundred taxable inhabitants. The assess- ment rolls of 1810 showing that Chautauqua contained the required number of voters, the county was formally organized and the appointment of county officers was made in February, 1811, by the Council of Appoint- ment, which had the power of appointing all county officers, including justices of the peace.

In 1811, with the organization of Chautauqua county, came the establishment of the Court of Common Pleas, convening at Mayville on June 25 of that year, where Commissioners Williams, Sutherland, and Ransom had "erected a large hemlock post" to indicate their choice of a county seat, with Judge Zattu Cushing on the bench. The session continued four days. Zattu Cushing had been appointed First Judge by Governor Daniel D. Tompkins. He was a man of rugged personality and courage, by trade a shipbuilder, who had toiled across the State in the winter of 1805 with his wife and five children, bringing two yoke of oxen, household goods, four cows, and the unusual contribution of a bushel of salt and half a bushel of apple seeds; with the latter he planted the first orchard in this region. One of the judge's grandsons, William B. Cushing, became famous as the destroyer of the "Albemarle" in the Civil War. With Judge Cushing there served as associate judges. Matthew Prendergast, Philo Orton, Jonathan Thomp- son, and William Alexander; while Henry Abell, Wil- liam Gould, John Dexter, and Abiram Orton were ap- pointed Associate Justices. John E. Marshall, a physi- cian, was chosen clerk; David Eason, sheriff; and Squire White, surrogate. In 1818 the office of Associate Justice was abolished, and the number of judges reduced to five, including the First Judge.

The Court of Common Pleas, although a court of record, was composed almost entirely of men recog- nized for their integrity of character, clear thinking, and sound common sense, rather than their legal train- ing; for during only two of the thirty-six years of the life of this court was the First Judge a lawyer, and only four of the twenty-three Associate Judges serving during this time could qualify in this regard. Notwith- standing the "layman" nature of this court, it had the respect of the legal profession and the confidence of the people it served. Judge Cushing was for thirteen suc- cessive years First Judge, being succeeded in 1824 by Elial T. Foote, who in turn was succeeded in 1843 by Thomas A. Osborne. Mr. Osborne occupied this office until 1845, when Thomas B. Campbell was appointed, serving for two years. By the constitution of 1846, this court was superseded hy the present County Court, the judges then becoming known as County Judges, elected by the people. To this position have been elected Abner Lewis, Selden Marvin, Abner Hazeltine, Orsell Cook, Emory F. Warren, Thomas P. Grosvenor, H. O. Lakin, John S. Lambert, Almon A. Van Dusen (notable as the

only Democrat ever holding this office), and Jerome B. Fisher. Judge Arthur B. Ottaway, a lawyer of promi- nence and ability, and to whom this county is indebted for its Juvenile Court, is the present incumbent, having been reëlected in 1917.

The attention of the first session of the Court of Common Pleas was given over to adopting rules of court and selecting the device for the court seal-an eagle surrounded by the words "Chautauqua Common Pleas;" designing and surveying the jail liberties; granting a license to Thomas Bemus to operate a ferry at the Narrows, now Bemus Point; and admitting at- torneys to practice.

In 1810, the town of Chautauqua boasted two lawyers, Anselm Potter and Dennis Brackett, while Jacob Houghton, A. M., arrived in 1811, Potter being the first resident attorney. Mr. Potter had studied at Yale Col- lege, while Houghton was a Greek and Latin scholar, and his law training enabled him to practice in all the courts of the State.

The Court of Common Pleas, at the November 1811 term, conducted the first trial of which we have record. Attorney Brackett appeared for the plaintiff and Wil- liam Spear for the defendant, the plaintiff winning the case. Mr. Brackett, who lived at Mayville, appears to have been a very energetic young man. Admitted in June, he immediately set to work to establish a law office, apparently the first in the county; a chatty letter from William Peacock to John Ellicott tells us that "Brackett built a small office nigh Mrs. Peacock's; a dead tree fell on it and dashed it to pieces." The primitive stage of civilization in Chautauqua county at this period is recalled by the fate of young Brackett, who, soon after finishing his work at the fall term of court in 1813, was killed and scalped by the Indians during the retreat from Black Rock, near Buffalo.

In 1807, Captain John Scott opened a log tavern, located on the east side of Main street, between the present site of the Episcopal Church and the Mayville House. In 1811, the county having become fully organ- ized, Captain Scott enlarged his log tavern by a plank frame addition of green timber for a court house, and until 1815 both courts convened at that place. The Act of 1808 specified the supervisors should raise $1,500 to cover the cost of a suitable court house, and, with the establishment of the courts, plans were formulated for the court house and jail, but the work was interrupted by the War of 1812. In 1814, although still unplastered, the June term was held in the new building and the two succeeding terms, in November and February, were con- vened there but adjourned to the tavern because of the cold. The court house was a very modest, two-story frame building, and occupied the bit of ground just in front of the 1834 structure. The lower floor toward the east contained three prison cells, two for criminals and one for debtors. In front of the cells and divided by only a narrow hall were the living rooms of the jailor and his family. The upper story was used for court, jury, and other purposes. This building served its pur- pose until 1834, when it was replaced by a new build- ing, which, in time, gave way to the present edifice, crected in 1907.

In 1817, six years after the establishment of the first courts, the Circuit Court of Oyer and Terminer was opened in Mayville, Judge Ambrose Spencer, a man of considerable distinction in the State, presiding. This court corresponded to the circuit term of our present Supreme Court, and was the highest court held in the county. It was presided over by circuit judges, usually "strangers from a distance." Evidently Judge Spencer enjoyed the pomp and display in vogue in certain court circles, for we read that he opened his court with con- siderable ceremony : "The judge, escorted by the sheriff,

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BENCH AND BAR

his deputies and the constables, armed with staves of office, marched to the court house, where the escort opened to the right and left and the judge, preceded by the sheriff, entered the court room."

In 1820, when Judge Van Ness. of decidedly demo- cratic tendencies, ascended the bench, he announced that hie preferred to enter the court room without parade, and the only possible reminder of the "parade" left to us is the constables with their staves, who still act as escort to the jury. The effect of the judicial ceremony of 1817 was immediately evidenced by the appointment in the Court of Common Pleas of a regular crier to open and adjourn court.

The last term of the Circuit Court of Over and Terminer under the old constitution was held in June, 1822. Under the new constitution the court was re- sumed in September, 1823, and continued until the con- stitution of 1846 became effective, when it was replaced by our present Supreme Court.

Prior to 1846, the office of Circuit Judge, which cor- responds to our present Supreme Court Judge, was an appointive office, being designated by the Governor, with the advice of the Council, or the Senate. Chautauqua was represented on this bench by John Birdsall, who was appointed in 1826.

In the early days, the local attorneys were often as- sisted in the trial of their cases by out-of-town lawyers possessing experience and unusual ability, who "rode the circuit," often following the judge from court to court. Prominent among these was Jonas Harrison, who had read law with Aaron Burr. The manner of life of this time was much more leisurely than that of to-day, and the attorneys were largely allowed their own time in setting forth the merits of the matters at issue, thus being afforded ample opportunity for the dis- play of whatever oratorical ability they possessed; and tradition tells us that those early trials were occasions of much interest. The court, too, was not so jealous of its dignity. A young attorney, upon receiving an adverse decision, feelingly exclaimed that he "was astonished at the judgment of the court." For this he was at once arraigned for contempt, and sought the aid of an older lawyer, John Root, often called the "Old Counselor." who answered the court in a very solemn and dignified manner, saying, "I know our brother is in fault, but he is young, quite young. Had he practiced at this bar as long as I have, Your Honor, he would have long since ceased to be astonished at any ruling that it might make."

The criminal courts of the county consisted of a court of Oyer and Terminer held at the time of the Circuit, a court of General Sessions held with the Com- mon Pleas, and courts of Special Sessions held by the justices of the peace. Prior to 1818, there existed an appointive office similar to that of our present district attorney, but with the title of assistant attorney-general, the jurisdiction of which embraced several counties. One Polydorus B. Wisner held the position in 1813, and was succeeded by John C. Spencer. A statute was en- acted in 1818, which provided for a district attorney in each county to prosecute cases for the people, and Dan- iel G. Garnsey was then chosen to preside over Chau- tauqua county. Since 1846 the office has been elective. Following Garnsey were: James Mullett, Jr .. Samuel A. Brown, Joseph Waite, David Mann, Abner Hazeltine, Daniel Sherman, George Barker, John F. Smith, Wil- liam O. Stevens, Nahum S. Scott, Benjamin S. Skinner, Edward R. Bootcy, Abner Hazeltine. Jr., C. B. Brad- ley. Arthur B. Ottaway, Lester F. Stearns, John Wood- ward, Eleazer Green, John K. Patterson, Jr., Edward J. Green, and William S. Stearns, who is at present capably administering the duties of this important office.

Although the constitution of 1821 does not notice the Surrogate's Court, nevertheless this court exercised authority in Chautauqua county from its earliest organ- ization. The office of judge was first an appointive one, but soon became elective. Squire White served as first surrogate. Succeeding him were Daniel G. Garnsey, Albert Richmond, William Smith, George A. Green, William Smith, Jr., Theodore Brown, Austin Smith, llenry O. Lakin, Orsell Cook, Charles G. Maples, Orton Clarke, Daniel Sherman, Emory F. Warren, E. E. Woodbury, and Harley N. Crosby, who is serving his sixteenth year as judge of this court.

Chantauqua county may well be proud of the men elected from within her boundaries to preside over the Supreme Court. Richard P. Marvin, elected in 1847, was a man distinguished throughout the State of New York and even beyond its borders. He was admitted to practice in the Supreme Court of New York in 1820, and ten years later was on motion of Daniel Webster admitted in the Supreme Court of the United States. He was a brilliant advocate and an ideal judge. He held his judicial position for twenty-four years, having been originally elected with James Mullett in 1847. Horace Greeley, who opposed an elective judiciary, once said . "It was no wonder the Eighth District favored it when it had such pure and able judges as Marvin and his associates."

James Mullett, elected in 1851, was for many years the most conspicuous member of the county har. He was examined by Judge Zattu Cushing at the November term of 1814, and admitted to practice. He served in the State Assembly, was district attorney and justice of the Supreme Court, a man of keenest intellect. and a brilliant orator. The most famous case in which he was engaged as counsel was the trial of Joseph Damon for the murder of his wife, in 1834, one of the last cases tried in the old court house. Mr. Mullett's summing up for the defense ranks as one of the greatest forensic efforts ever made in this State, unavailing as it was: Damon was convicted, and publicly executed on the western slope of the hill not far from the Mayville Union School building.

Benjamin F. Green was elected to the Supreme Court in 1857: George Barker in 1867, reelected in 1875, hav- ing been district attorney in 1853 and again in 1862; also a member of the Constitutional Convention of 1867. The law reports bear record of his learning and wisdom as a judge.

John Woodward was appointed a justice of the Su- preme Court to fill a vacancy in 1806, and was that year elected for the full term of fourteen years. He was soon assigned by the Governor to the Appellate Division of the Second Department. Judge Woodward was one of the youngest and most talented men holding a judicial position in this State, and several of his opin- ions received the marked approval of the highest court. Prior to his election to the Supreme Court he was Dis- trict Attorney of the county. He is now ( 1921 ) a member of the Appellate Division of the Third Department.

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History of Chautauqua County, New York, and its people, Volume I, Part 104

Author: Downs, John Phillips, 1853- ed. [from old catalog]; Hedley, Fenwick, Y., joint ed. [from old catalog] Publication date: 1921 Publisher: Boston, New York [etc.] American historical society, inc. Number of Pages: 649

Author: Downs, John Phillips, 1853- ed. [from old catalog]; Hedley, Fenwick, Y., joint ed. [from old catalog]
Publication date: 1921
Publisher: Boston, New York [etc.] American historical society, inc.
Number of Pages: 649