History of Chautauqua County, New York, and its people, Volume I, Part 105

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 105

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Warren B. Hooker was elected to the Supreme Court in 1800, after service in the National House of Repre- sentatives since 1800.

John S. Lambert was county judge 1882-1889; and since January 1, 1800, a justice of the Supreme Court, a man whose accurate learning, polished wit, practical and pointed elocution, have given him high position and the esteem and confidence of the people.

Madison Burnell must be mentioned, though briefly. as belonging to the elect of our early judiciary. He studied law under Judge Marvin, and soon came to be known as a lawyer of unusual legal ability, excelling as a criminal lawyer, with persuasive oratorical powers

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so effective that Judge Mullett felt it necessary to warn the jurors lest they should fall a prey to his eloquence. In justice to Mr. Burnell it may be said that he was a man of a very high degree of honor, and despised all trickery.

John C. Spencer, son of Judge Ambrose Spencer, was a practicing attorney of this county, and became Secre- tary of War in 1841 and Secretary of the Treasury in 1843, in the cabinet of President Tyler. He was a grad- uate of Union College in 1806, lawyer, postmaster, As- semblyman, brigade judge advocate of the army, Assist- ant Attorney General, Speaker, State Senator, Secretary of State, Superintendent of Public Instruction (all New York State offices) before being called to national posi- tion, a man who put many useful things in the laws of the State of New York and served well.

Emory F. Warren began his career as a lawyer, prac- ticing ten years in Jamestown, but later becoming edi- tor of the "Jamestown Journal." He was interested in preserving the early life of the county, and wrote a history of Chautauqua which was published in 1846.

There are others of the past of whom much could be written-"some had fame, some had fortune, some had disappointment-all had death." Among the many may be mentioned Abram Dixon, first lawyer of Westfield; John Birdsall, once justice of the Supreme Court of the Eighth Judicial District and afterwards Chief Justice and Attorney-General of the Republic of Texas; James D. Strang, of Mormon fame; Elisha Ward, whose fav- orite pastime was reading the Greek Testament; Wil- liam H. Seward, who was admitted to practice in 1836; William M. Newton, the memory of whose powerful eloquence still lingers with the profession; Oscar John- son, a student and man of letters and a wise counsellor ; Walter L. Sessions, distinguished in the halls of the National Congress, where he served for many years ; John G. Record, who stood very high in the esteem of his professional brethren and in the community in which he lived.

The patriarch of the Chautauqua County Bar was Austin Smith, of Westfield. He was for many years principal of the Fredonia Academy, and among his students was Madison Burnell. He was a contemporary of James Mullett, Ahner Hazeltine, and Samuel A. Brown. In Young's "History of Chautauqua County," published in 1875, it is stated "he is the oldest member of the Bar in this county now living, except Hon. Abner Hazeltine of Jamestown." Far back in 1843, when Judge Elial T. Foote retired from the bench, we find the name of Austin Smith signed, with other members of the Bar, to a memorial rehearsing the virtues of that distin- guished judge. During this marvelous career he was universally esteemed an able lawyer.

Some not already referred to constitute a group of divergently illustrions men: Clark R. Lockwood, of Jamestown, who for almost half a century was in active practice; Lorenzo Morris, of Fredonia, a Jeffersonian Democrat of the old school, once State Senator, after 1844 holding a commanding position at the Bar ; Charles D. Murray, of Dunkirk, admitted to practice in 1860, whose dignified and stately manner, grace and elegance of diction and deep learning made him a leader in the profession. Obed Edson successfully fol- lowed the practice of law for nearly fifty years; he was undoubtedly the best equipped historian of this county. James I. Fowler was for many years associated with Edward R. Bootey, and then with James L. Weeks; he never sought the trial of causes, but was a close student of the law and one of the safest of counsellors, a man of absolute honesty and a hater of shams. Alonzo C. Pickard served with distinction during the Civil War, and for many years was one of the most active and suc-

cessful practitioners. Winfield S. Cameron also devoted some of his best years to the service of his country dur- ing the Rebellion. Frank W. Stevens had an enviable standing for ability and uprightness throughout West- ern New York, and the confidence of the judiciary. He served as District Attorney of Cattaraugus county. He was grave, reserved and dignified, endowed with pro- found learning and a high order of eloquence. Arthur C. Wade had an established reputation for professional and business ability extending far beyond the borders of our State. He was associated with Mayne R. Steven- son in his law business, and occupied responsible posi- tions in many of the largest corporations in this vicinity. He successfuly defended the accused in many impor- tant criminal trials; but in none that so attracted the attention of the whole country for its brilliancy as in the second trial of Howard C. Benham for the murder of his wife. When Mr. Wade was called into the case the defendant's conviction had been affirmed by the Court of Appeals. Within a few hours before the time fixed for his client's execution, he procured an order for a new trial. With his unrivalled powers of bewitch- ing juries and convincing courts, he secured an acquittal.

The Constitutional Convention of 1846 marked an important departure in the judicial system of the State. The courts were entirely reorganized, and the people were given the privilege and responsibility of clecting the judges. In April, 1848, a statute was enacted known as the "Code of Procedure," which became operative in July, 1848. "This enactment," says Hon. Obed Edson, "en- tirely revolutionized the practice of the various courts. It abolished the distinction between suits at law and suits of equity, the whole system of pleading was re- formed, and many other changes were made of radical and important character respecting procedure in civil actions. The changes made by the code in practice and pleading much affected the legal profession. Lawyers who had mastered the settled principles that had gov- erened the practice were now obliged to devote much study to the perplexing questions that arose under the new system. Attorneys then past their prime were naturally disinclined to renew their studies, and many of the older lawyers ceased to take as active a part in the profession as before, and some entirely retired from it." And so we come to the close of the first period in the life of the Bar of Chautauqua county. Now at the close of the second decade of the second century of the county's history, the Bar was never more vigorous and never was more thoughly equipped with men of talent, close reasoners and effective advocates.

The Bar of Chautauqua county in 1820 numbered thir- teen members; in 1830 sixteen; in 1840, forty-three; in 1894, ninety, and in 1921, one hundred twenty-seven. The following is the legal roster :

Brocton-John L. Campbell, Franz C. Lewis, Orrle A. Ottaway.

Cherry Creek-Edgar W. Curtis, Richard A. Hall. Celoron-Cyrus B. Wilson.

Dunkirk-Charles E. Anglim, Robert J. Cooper, Thomas J. Cummings, Samuel P. Fox, John LeRoy Hurlbert, Simon J. Karin, Lyman A. Kilburn, Thomas H. Larkins, Nugent & Heffernan (Albert E. Nugent, Thomas P. Heffernan), Palmer & Rowe (Nelson J. Palmer, Murle L. Rowe), John K. Patterson, Jr., Leslie A. Pease, Daniel A. Reed, Rollin W. Snow, Lester F. Stearns, Francis S. Stegelske, John L. Sullivan, War- ner & Woodin (Elton D. Warner, Glenn W. Woodin), Joseph C. White, Fred G. Wyman.

Ellington-Theodore A. Case.

Falconer-Crosby & Crosby (Harley N. Crosby, Carl Rex Crosby), Archie D. Falconer.

Forestville-Walter Record, Herbert P. White.

Fredonla-Herbert P. Bishop, Henry A. Clark, S. Ray Falrbanks, Hon. John S. Lambert, Louis G. Monroe, Arthur R. Moore, William S. Stearns, Clinton O. Tar- box.

Jamestown-Royal M. Bates, George R. Butts, D,

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BENCH AND BAR

Lawrence Carlson, Cawcroft & Guinnane ( Ernest Caw- croft, Patrick S. Guinnane). J. Delevan Curtiss, Frank G. Curtis, Dean, Edson & Jackson (Benjamin S. Dean, Walter H. Edson, Robert H. Jackson), Loye T. Durand, Leon L. Fancher, Marion H. Fisher, Fowler & Hunt (J. Samuel Fowler, Herbert L. Hunt), Glenn A. Frank, Alfred L. Furlow, Frederick Garfield, Edward J. Green. Eleazer Green, Charles S. Grover, Arthur H. Hitchcock, A. Frank Jenks, Clayton M. Jones, Jude, Blaekmon & Johnson (George W. Jude, George M. Blackmon, Adolph F. Johnson), Arthur W. Kettle, Arthur E. Lau- denslager, John S. Leonard, Harry R. Lewis, Michael D. Lombardo. Henry S. Manley, Mott & Ottaway (Frank H. Mott, Lee L. Ottaway), Grant E. Neil, Augustus C. Nelson, Olof A. Olson, Piekard & Bodine (Clare A. Pickard, Hugh V. N. Bodine), Ray F. Pickard, John H. Prather, Cheston A. Price, Wilson C. Price, Orsel C. Price, Rice & Ross (Joseph F. Rice, Emmet II. Ross). J. Russell Rogerson, James P. Stafford, Frank W. Ste- vens, Mayne R. Stevenson, Emmons G. Swift. Thrasher, Cole & Clapp (Louis L. Thrasher, Marvin L. Clapp). Van Vlack, Peterson & Bargar (Lynn R. Van Vlaek, A. Bartholdi Peterson. Allen A. Bargar), Wheeler & Bootey (Frank S. Wheeler, Edward R. Bootey), Charles

H. Wiborg. Wicks & Rexford (John G. Wieks, Warner S Rexford), Lawrence W. Wiltsie.

Lakewood-Nathan D. lewis.

May ville-William G. Martin, A. Roy Perkins, Harry M. Young. Parama-T. W. Schiller.

Sherman-Freeman L. Morris, David HI. Stanton.

Silver Creek-Carlton B. Livermore.

Sinclairville -- Charles M. Reed, Fred H. Sylvester. Watts Flats-Arthur L. Richardson.

Westfield-James R. Douglass, Gibbs & Williamson (Gerald G. Gibbs. Henry C. Williamson), Silas W. Ma- son, George A. Newbury, Ottaway & Munson (Arthur B. Ottaway, Harlan L. Munson), James H. Prendergast, Wilson Rood, William Russell, Arthur S. Tennant.

The Police Justice Court of Dunkirk was discontinued December 31, 1900, by the adoption of a new city charter, and the Municipal Court began on January 1, 1910. The judges of this court have been Albert E. Nugent, Samuel P. Fox, Charles E. Anglin. Their official term was four years.

CHAUTAUQUA LAKE AND ITS SURROUNDINGS. By W. A. Bradshaw.

That the beauties of Chautauqua Lake have long been extolled by pen, brush and camera, goes without saying, but its actual physical features, although well known to its habitues, have never been extensively dwelt upon in print. Nor is the subject one of great interest either to writer or reader, yet a history of Chautauqua county without some detailed information regarding its famous lake would seem to be incomplete.

The utilitarian purposes of the lake as a navigable waterway, from the days of Indian canoe to those of modern steamboat, have become matters of historical record, as have also its geological features, therefore lit- tle remains for this chapter to deal with other than a brief statement of commonplace facts.

Before the year 1002 no accurate contour map of Chautauqua Lake existed, and distances from point to point on its surface were for the most part matters of opinion, but in that year a joint survey by the United States Government and the State of New York pro- duced a contour map of the lake and surrounding region that is practically accurate. Prior to that time, in fact, as long ago as 1875, a civil engineer with a party of assistants chained the distance from Jamestown to May- ville on the ice, and at various other times in later days the boating organizations of the lake have made many other measurements on the ice between various points, so that information on this subject is now practically complete and accurate.

The length of the lake as measured along the shortest navigable channel between the steamboat piers at Celo- ron and Mayville is 14.7 miles. A measurement taken from the first bend of Chadakoin river to the inlet beyond Mayville adds 1.3 miles to this distance, making the extreme over all length 16 miles. Adding the length of the Chadakoin river, the navigable distance from Jamestown to the Mayville pier is 17.7 miles. The wid- est part of the lake lies between Belleview and Sher- man's Bay, two miles. Next in width is the part lying between Chautauqua and Dewittville Bay, 1.8 miles, which width is pretty nearly attained between Maple Springs and Whitney's Bay.

The surface area of that part of the lake lying above Bemus ferry is 11.07 square miles and that of the lower portion 9.28 square miles. The mean elevation of the lake is 1,308 feet above sea level, being 700 feet greater than that of Lake Erie, eight and one-half miles distant.

Of the two portions of the lake, the upper is much the deeper, its depth ranging from twenty feet near May-

ville to more than eighty feet as Long Point is ap- proached. The surveying party of 1875, who also made soundings, reported a depth of 93 feet at a point lying somewhere between Maple Springs and Victoria, but this depression in the bottom is evidently of small area, as subsequent soundings have thus far failed to locate it. The depth of the lower lake ranges from about thirty feet near the narrows to about ten feet at the entrance to the Chadakoin river. All of the lake lying below Belleview is shallow, and appears to be gradually filling up with silt.

Chautauqua Lake lies between ranges of hills rising from 200 to 300 feet above its surface, and of its shore line of fifty or more miles comparatively few miles are marshland, and much of this has been reclaimed for cottage sites.

Half a century ago the shores of the lake were given over entirely to farm and woodlands, the summer cot- tages being as yet an undeveloped factor. But summer hotels had already made their appearance and began to multiply rapidly. They did a flourishing business for a time, but finally a period of decadence set in and most of the large hostelries faded from the map, saving only those located at Bemus Point, which have prospered continuously since their beginnings from twenty-five to fifty years ago. The old pioneer Whittemore House at Fluvanna was among the first to retire, heing sold and cut up into farm houses. The hotel at Greenhurst bas been abandoned for some years, while its neighbor at Griffith's Point has been torn down. That at Belleview has been turned into a club house, and the old Barnes Hotel at Maple Springs has been transformed into a pri- vate residence. The mammoth Grand Hotel at Point Chautauqua went up in smoke years ago, as did also the hotel at Point Wooglin, the Chautauqua and Mayville Houses, and that at Wahmeda. The Kent House and the Sterlingworth Inn, the two great hotels that were once the glory of Lakewood, finally gave up the ghost and went the way of the others, the former falling under the axe of the wrecker, and the latter going up in flames. None of these hostelries has ever been replaced.

A variety of causes contributed to the downfall of these hotels, but probably a leading one was the fact that people preferred home life in cottages or camps to that in the confined quarters of a summer hotel. At all events, with the decline of hotels the growth of cot- tages rapidly increased, and such of the farmers as are willing to part with their water-front lands have no dif-

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ficulty in doing so. Indeed, cottage life has so enor- mously increased around the lake of late years that most of the desirable sites in the market have been taken up and good ones difficult to secure, while would-be pur- chasers are besieging farmers to release the remaining undeveloped shore-lands. These summer colonies nearly surround the lake, and the interuban trolley stations indicating the location of a summer hamlet are in many eases less than a mile apart. The State highways around the lake, the immediate presence of splendid fruit, vege- table and dairy farms, and the limitless supply of pure cold drinking water, all contribute to the comfort and pleasure of the cottagers, many of whom come from far distant States to enjoy their annual health-giving out- ing on the shores of old Chautauqua.

Of the lesser lakes in the county, Cassadaga is the foremost, lying at the base of a steep hill towering 400

feet above it, ten miles northeast of Chautauqua Lake. This lake is more properly a chain of three ponds ex- tending about two miles in length.

Lily Dale, with its host of summer cottages, lies on the eastern shore, but aside from this portion much of its borders are marshy.

Findley Lake lies between two hills overtopping it by two hundred feet, at a distance of sixteen miles south- west of Chautauqua. It is two miles long, with a max- imum breadth of one-half a mile, and has an elevation more than one hundred feet greater than that of Chau- tauqua Lake. It is an attractive sheet of water, but its remoteness from transportation lines impairs its avail- ability for cottagers. The same is true of Bear Lake, laying about eight miles northeast of Chautauqua. It is one mile in length and one-fourth of a mile in width. Much of its shore line is marshy.

IRON AND STEEL.

The manufacture of iron and steel is one of the most ancient of the arts and sciences known in history. There is indisputable evidence that this is so; as there are in existence even today implements, crude tools and other work done in iron and steel dating back well toward the beginning of history. Probably the best example of a large and impressive nature is the "Iron Column of Delphi," which was melted, formed and erected many centuries before the birth of Christ. And of particular interest is this shaft of ancient iron-craft in that it is practically rust proof-a subject which has baffled the metallurgists of our own iron age.

Chautauqua county, while it has immense plants de- voted to the manufacture of machines and machinery and other products made from iron and steel, has but one plant where steel itself is made, the Atlas Crucible Steel Company of Dunkirk, their specialty being tool steel. According to F. B. Lounsberry, metallurgical engineer at the Atlas plant, tool steel includes all steel capable of being made into tools, and as such and after suitable treat- ment, capable of doing work upon other steels, metals, or substances. This will include the simple carbon tool steels and alloy tool steels. These Mr. Lounsberry thus defines : "By simple carbon tool steels is meant steels which contain no elements other than silicon, manganese, phosphorus, and sulphur, and whose physical properties depend upon the carbon content only, the carbon content varying from 0.50% to 2.20%, depending on the use, but for most pur- poses between 75% and 1.35%. By alloy tool steels is meant steels which contain all of the above elements, and in addition varying percentages of one or more of the following elements : Tungsten, chromium, vanadium, cobalt, molybdenum, etc., in sufficient quantities to affect the physical properties of the steel.

The Atlas Crucible Steel Company manufactures both carbon and alloy steels made under the crucible and electric furnace processes of making tool steel, which have proven the best to produce that perfeet uniformity absolutely essential to a perfect alloy tool steel. As in most other manufacturing processes, what are termed its raw materials are the finished products of some other industry. So in the manufacture of tool steel very few virgin materials are used, but rather the finished products of some other process. Thus are used various kinds of scrap steel, the products of the crucible, electric, and open-hearth steels processes; wash-metal, the product of a special open-hearth process; pig-iron, the product of the blast furnace ; melting or muck bar, the product of the puddling furnace; ferro-tungsten, ferro-chrome, ferro-vanadium, ferro-manganese, ferro-silicon, etc., all

finished products of still other processes. At the Atlas plant ferro-tungsten is produced by the reduction of tungsten ore concentrates under the influence of the elec- tric arc in small electric furnaces.

From the time of the beginning of the steel compound- ing and melting operation, when the various materials which constitute the base of the mix for the charge are carefully weighed out, during the melting process in the graphite crucibles in the fiery furnaces, through the pouring, casting, hammering, rolling, and annealing, every process is carefully watched by experts, tests being frequently made, and at the finish the annealed bars go to a final inspection department. Here each individual bar is carefully gone over for size and surface conditions, a portion from each end is broken off so that the condi- tion of the grain can be examined. From this examina- tion can be learned whether or not the annealing has been correct, whether the bars have been decarbonized in the mill or in the annealing, and whether the bars have any minute pipes or other internal imperfections. The man doing this inspection work becomes highly skilled, and can pick out small pipes and imperfections which the ordinary person could not see. Here also sev- eral ends from every different lot of bars from each heat are taken and tested for hardness. Certain limits of hardness are established for the different grades and tempers of steel, and unless the tests come within these limits the material is rejected for reannealing. After the bars have passed this final inspection, they are sawed, straightened, stamped and bundled ready for shipment. While the entire process requires constant vigilance and attention in order to produce quality material, which every tool steel manufacturer should desire, by far the great- est part of the task of maintaining the quality of the product falls to the metallurgist, who usually has at his disposal a well equipped physical or metallurgical lab- oratory and capable assistants. One of his most useful friends in this work is the microscope. By the proper application of this instrument he is able to control the internal structure of his product, and is able to tell when things are not going right, and by making frequent ob- servations of the ingots, billets, and finished product he is able to keep the entire lineup on a good basis. Another instrument of value is the transformation point apparatus with which he is able to accurately determine the critical ranges. Another apparatus which up to the present time has not received very much attention, but which will in the future development of testings, is the permeameter for measuring the magnetic properties of steel.

The Atlas Crueible Steel Company is firmly estab-

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IRON AND STEEL

lished in the tool and special steel industry, but their plans for the future include vast plant additions and a new department in which structural steel shall be manu- factured, such as may be used in axles for automobiles and for kindred purposes. The company not only stands high in the industrial world as manufacturers of high grade tool steel, but from time to time the management has taken progressive steps to promote the personal inter- ests of the employees associated with them in the opera- tion of the property. Perhaps the most important step of all was announced by Arthur H. Hunter, president of the company, at the annual meeting in January, 1920- a carefully considered plan of profit sharing which in- cluded all employees who have been continuously on the payroll of the company for a period of two or more years. After presenting the plan to the mecting, Presi- dent Hunter said :

If we succeed in making this plan a great success (and I am confident that we shall) we will have estab- lished an industrial democracy within this organiza- tion of the most ideal sort-a democracy that makes real partners of capital and labor and yet preserves the right of private property; that preserves and pro- motes the great business asset that comes from indi- vidual initiative: that retains the capitalist's incentive to enterprise While giving the worker a new inspira- tion for effort; that humanizes large organizations of men; that promotes a lasting industrial peace. All these things his country of ours needs today as never before.

In the biographical volume of this work the career of Edward Burgess, founder of the Atlas Crucible Steel Company, is carefully traced. flerewith is an apprecia- tion printed in "[ligh Speed," the house paper published by the company under date of March 5, 1919:

Edward Burgess, 1846-1918 -The true epic of our times

is not "Arms and the Man," hut "Tools and the Man," an infinitely wider kind of opic .- Carlyle.

Edward Burgess, the founder of the Atlas Crucible Steel Company, was a Man. In all the wide world there is no one to dispute the fact. And there are thousands who knew and loved him. He played the great game of business according to the rules. He never speculated. He was no gambler. He bought no stock on margin. The only thing he ever bet on was his knowledge of his field and his ability to execute. He was a builder and a creator.

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History of Chautauqua County, New York, and its people, Volume I, Part 105

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