History of Chautauqua County, New York, and its people, Volume I, Part 12

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 12

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ing, possessed the other qualities of an excel- lent judge. He was possessed of a superior mind, personal dignity, firmness and force of character, and was benevolent and pure in his life. In every respect he honored the position. It is fortunate that through the thoughtfulness of Judge Walworth the portrait of the estima- ble pioneer Judge now adorns the courtroom of the county. Had we a transcript of the strong faces of all the old lawyers who prac- ticed in his court, it would be an invaluable possession for future generations-of Anselm Potter, Jacob Houghton, James H. Price, tames Mullett, Dudley Marvin, Sheldon Smith, Abner Hazeltine, Samuel A. Brown, Ernest Mullett, John Crane, Abram Dixon, David Mann and others. Although the field of their labors was close to the borders of the wilder- ness, they were men skilled in their profession. Several of them were college graduates, some were men of unusual natural capacity ; all were well read in legal principles and skilled in the practice of the law. For knowledge of the fundamental principles of the law they would not suffer by a comparison with their brethren of the profession in succeeding years. In 1820 there were thirteen of these pioneer lawyers in the county.

The Court of Common Pleas continued after the constitution of 1821, and until that of 1846. For nearly twenty of the twenty-five years of this period, Dr. E. T. Foote was its first judge. Like Judge Cushing, he was not a lawyer by profession, but was a man of ability, and well fitted to preside in this popular court. He took great interest in the early settlers, and during his active years, a leading part in every enter- prise designed to promote the prosperity of the county not only as regarded its business inter- ests, but for the moral and religious advance- ment of the people also.

Thomas A. Osborne succeeded Judge Foote as first judge of the Common Pleas, but held that position during 1843-44 only. He was a good lawyer, and was best qualified by reason of his legal attainments to fill the position of any who have filled the office. Mr. Osborne was an accomplished writer, particularly upon political subjects. He was a Democrat, and his clear and finely written articles maintain- ing the principles of his party often appeared in the "Mayville Sentinel" and other papers of the county.

Thomas B. Campbell, also a Democrat, suc- ceeded Judge Osborne as first judge, and held the position for two years and until the Court of Common Pleas ceased to exist. The court suffered no deterioration with Judge Camp-

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EARLY FARMING PERIOD -- 1835-1851

bell as its presiding office. Although he was not a lawyer, he was a strongminded, able and upright man, who, like his predecessors, had an aptitude for the law. By his strong and practical good sense, he commanded the re- spect not only of the suitors at law, but of the members of the bar who practiced in his court.

The old Common Pleas in 1847 ceased to exist as a court. When it expired it was com- posed of Thomas B. Campbell, first judge ; John M. Edson, Caleb O. Daughaday, Niram Sackett and Franklin H. Wait, judges. This had been the court most familiar to the people from its organization. Court week to the old settler was a period of creation best suited to his peculiar taste. His constant struggle for existence with the forest and with unpropi- tious seasons had trained him to take his great- est pleasure in the trials of strength, of skill and of brain. He took delight in witnessing the sharp encounters and trials of wit that a lawsuit brought forth. This old court was also a school of instruction. There he obtained his first ideas of the law, and learned the principles of our government. The judges were to him the best examples of dignity, justice and wis- dom, the closing plea of his favorite lawyer his highest ideal of eloquence, and he was not without reason for this opinion. Judge Mul- lett, Dudley Marvin and Madison Burnell, as forensic orators were without superiors in Western New York. The remarkable genius of Judge Mullett, his rare wit, and his power- tul and impressive eloquence, never failed to carry away and control his audience. The logic, the eloquence, the will of Burnell, domi- hated the court, and wrenched verdicts from juries.

Great progress was made in education and schools during the Early Farming Period. Phin M. Miller in his exhaustive history of the schools of the county has aptly denominated this as the "Red School House Period," while the time preceding it he calls the "Log School House Period." The Fredonia Academy, al- though incorporated during the Pioneer Period, was not opened to pupils until 1826. Mayville Academy was incorporated in 1834; Jamestown Academy in 1836; Dunkirk Acad- emy in 1837; Westfield Academy in 1839; and Ellington Academy in 1851. In 1836 provi- sions were made establishing school district libraries. The common school system, how- ever, remained substantially unchanged until 1843, when town commissioners and inspectors vere abolished, the office of town superintend- ent of schools created, and the board of super- visors authorized to appoint a county superin-

tendent of schools. Under the provisions of the law, Worthy Putnam was elected county superintendent of schools in 1843. Mr. Put- namı immediately endeavored to arouse an in- terest in schools and education. He appealed directly to the citizens of the county to aid him. He personally visited its schools, and stimulated both teachers and scholars to effort. Through his personal influence many new school houses were built in the county. But it was with the teachers and scholars that he had the most success. The first Teachers' In- stitute was held at Mayville in 1846, under his superintendence. Both teachers and scholars long remembered with gratitude the interest he awakened in them, in teaching and learn- ing. The term he served as county superin- tendent of schools is the most memorable in the annals of school teaching in our county's history.

During the Mexican War, which came to a close in 1848, several soldiers served who had been residents of Chautauqua county, among them Nathan Randall, a resident of Mayville, and also of Sinclairville, served under Capt. Robert Anderson, of Fort Sumter fame in Worth's division. He was in the battles of Cerro Gordo, Cherubusco, Molino del Rey, and Chapultepec, where he was wounded. He was a captain in the Civil War. Zeke Powers, of Ellery, served in the war and died in the serv- ice.

In June, 1848, gold was discovered in Cali- fornia. To reach California that year from the Eastern States was an undertaking greater than it would be now to go to the remotest part of the earth. People who had the hardi- hood and enterprise to find the mines of Cali- fornia that year were called "Forty-niners," and gained a distinction that was denied to those that came afterwards. Chautauqua con- tributed its full share of those early adven- turers. Among the "forty-niners" was George Stoneman, a native of the county, a lieutenant in the regular army, afterwards a distinguished general in the Civil War. That year he took some part in framing the constitution of that State, of which many years after he became the governor.

About the first Chautauquan to arrive in California after the discovery of gold was Col. Heman Winchester, a well-known citizen of the town of Ellery. He went by the way of Vera Cruz, the City of Mexico and Mazatlan, and was on his way one hundred eight days. He arrived at San Francisco early in June, 1849, where he found a quiet and orderly peo- ple, with no civil government except what was

CHAUTAUQUA COUNTY AND ITS PEOPLE

self-imposed. The charge of a blacksmith for shoeing a horse was twenty-four dollars, car- penters' wages were from ten dollars to thirty dollars a day, and found. Before he entered the mines Mr. Winchester received five hun- dred dollars for moving thirty cords of dirt a distance of six rods.

Among those from Chautauqua county who journeyed across the continent that year were : Alonzo Winsor, Lyman Rexford and D. M. Bemus from Ellicott; and Russell Wilson. Aretus J. Blackmer arrived in California in August, 1849, after a journey of ninety-nine days. The first four days after his arrival he worked on the bar near Sutter's mill, and gathered in that time seventy dollars' worth of gold. John Clark, from Busti, was four months on the way. Of those who journeyed over the plains was a party from Westfield, attached to Col. Gratiot's company from Buf- falo, among whom was Rossiter P. Johnson. J. Hutchins, from Mayville, made the journey around Cape Horn. Some crossed the Isth- mus. Among others from Chautauqua county in 1849 were David Sabius, Arba Briggs, and Seneca Hoag. The greater number of these early miners from Chautauqua county had fair success and some returned with a competence.

In 1849 not a mile of railroad had been built in the county except that portion of the New York & Erie railroad leading easterly from Dunkirk, that had been abandoned. The im- ports of the county were mostly brought in, and the exports taken out, at the ports of Dun- kırk, Barcelona, Silver Creek and Cattaraugus and over the main road that passed through Westfield, Fredonia, and over the Cattaraugus creek. In the south part of the county, Chau- tauqua Lake and the Conewango were to some extent means of communication. To reach these routes from the interior of the county many miles of dirt road, the most of it poor and muddy during the wet season, had to be trav- eled. This year important improvements were commenced in the roadways. Plank roads now began to be made. Lines leading from the Main road in the north part of the county above mentioned were surveyed and their con-

struction commenced. These were built along oid highways when it was practicable, but when the grade was an objection they would be secured over new routes.

The first built was the Westfield and Chau- tauqua plank road. Its northern termination was at Westfield, its southern Hartfield, where it was designed to intercept the travel on the east side of the lake. About two miles north of the south termination there was a branch route extending to the steamboat landing at Mayville. This branch was built to intercept travel on the west side of the lake. This road and its branches were nine miles in length.

The Westfield and Clymer plank road was organized this year. It commenced at West- field and extended southerly through the towns of Westfield, Sherman and Clymer to the Penn- sylvania line, one and one-half miles south of Clymer village, in all a distance of twenty-five miles. It was expected at the time that this line would eventually extend north to Barce- lona, and south through the valley of the Broken Straw to the Allegheny river. The abundance of the hemlock trees along the line of this road enabled its builders to obtain hem- lock lumber for three or four dollars per thou- sand.

About this time a plank road was built from Smith's Mills in Chautauqua county north- casterly to Versailles in Cattaraugus county, and thence to Whites Corner in Erie county and beyond.

In 1850 the population of the county was 50,493. Hanover was the most populous town, having 5,144 inhabitants. Pomfret, which in- cluded the present town and city of Dunkirk, had 4,483 ; Ellicott, which included Jamestown, had but 3,523; and French Creek, the least populous town, but 725. The increase of 3,945 in the population of the county in five years was chiefly due to the prospect of an imme- diate completion of a great highway of travel from the ocean to Lake Erie, which Dunkirk and all the county had so long and so anxiously awaited. This story has full narration in the chapter, "Town and City of Dunkirk."

CHAPTER XI. The Agricultural Period-1851-1861.

The period that commenced with the com- pletion of the Erie railroad in 1851 may appro- priately be called the Agricultural Period, be- cause of the great advance and improvement made in the farming industry. Agriculture for

twenty-five years afterwards was the chief occupation of the people of the county.

In May, 1851, soon after the great celebra- tion, the New York and Erie railroad com- menced permanent operations, running five

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passenger trains from Dunkirk to New York daily ; three were first-class, and two second- class trains. The fare from New York upon the former was eight dollars; upon the latter five dollars. The fine steamers "Niagara," "Queen City" and "Key Stone State" com- menced to navigate Lake Erie from Dunkirk in connection with these lines to Cleveland, Toledo and Detroit; the fare for the passage to the latter place was four dollars. The gauge of the Erie road was originally six feet, which was supposed at the time to give great advan- tage over a narrow gauge in the shipment of freight. Particular attention was given by the road to the transportation of cattle and live stock.

The year 1852 commenced in Chautauqua with an event scarcely less in importance to its people and to Dunkirk than the completion of the New York & Erie railroad. On the first of January of that year the Buffalo & State Line railroad was opened from the State Line of Pennsylvania to Dunkirk, and on February 22d to Buffalo. The Buffalo & State Line railroad was in a great measure originated by the people of Fredonia, and a large portion of its stock subscribed by them, and was at first located through that village and considerable grading was done on that route, but in April of this year it was decided by the directors to build the road by the way of Dunkirk. By subsequent consolidations of the various roads between Buffalo and Chicago, it became a part of the Lake Shore & Michigan Southern Rail- way. From the first, the business of this road was extraordinary. It soon outstripped the Erie road in importance to Chautauqua county, and it is now, with the Erie road, among the leading roads of America.

A principal route for stages, travel and trans- portation of freight from Buffalo, Dunkirk and Fredonia to Jamestown, Warren, and the southeastern part of the county, prior to the building of the Erie road, had been by the high- way, one branch leading through the villages of Cassadaga and Sinclairville, and the other through Stockton and Delanti, to Jamestown. The ascent of the ridge by the Sinclairville branch from the north with heavily loaded teams had always been a laborious task. Near Shumla was Scott's Hill, at the west border of the town of Arkwright. At the foot of this hill a yoke of oxen was in readiness to assist heavily loaded teams up the ascent. At "Walk- up Tavern," later known as the "Kimball Stand," the passengers dismounted, that the stage might the easier ascend another steep

incline a few miles north of Jamestown, which bore the significant name of "Walkup Hill."

Through the enterprise of the people of Stockton, the Central plank road was built from Dunkirk through Fredonia, Stockton and Delanti to the Kimball Stand in the town of Ellicott, near its north line, where it met an- other plank road which extended partly around "Walkup Hill" to Jamestown. The Central plank road was twenty-two miles long. An- other plank road was built from Jamestown to Frewsburg. In 1852 the Fredonia and Sin- clairville plank road was built from Fredonia through Cassadaga and Sinclairville to the Kimball Stand. It was twenty-two miles in length. North of Cassadaga it extended for three miles through an unbroken forest. A plank road was organized with Rodney B. Smith as president, to be constructed from Smith Mills south to Jamestown. It was built through Hanover, Villenova and Cherry Creek, by way of Balcoms and the village of Cherry Creek, to the north line of the town of Elling- ton, and was completed to that point in 1852. The hemlock plank for this road was manu- factured and delivered along the line of the road for five dollars a thousand. There were now over one hundred miles of plank road in the county. These were excellent roads at first, smooth and firm. Heavy loads could be carried over them very rapidly. Such increased facilities for transportation and travel greatly promoted the prosperity of the county.

January 2, 1852, a fire occurred in James- town, sweeping away almost every building on the east side of Main street between Sec- ond and Third streets, including the old Allen House tavern. In 1837 a destructive fire had swept the same locality, the work of an incen- diary. Mansfield and William W. Compton, who occupied as a fancy dry goods store the building whence the fire in 1852 originated, were suspected of setting this fire for the insur- ance money. Augustus F. and Dascum Allen, his brother, the principal sufferers in the fire, vigorously prosecuted the Comptons. They were tried at the May term the following year. The trial lasted eight days and excited great interest. Madison Burnell assisted Daniel Sherman, the district attorney, with great abil- ity. Joshua A. Spencer, of Utica, one of the ablest lawyers in the State, Abner Hazeltine and John F. Smith, attended to the defense. The Comptons gave evidence to prove that they were six miles away at Frewsburg, at- tending a dance, during the fire. Although the evidence was circumstantial, Mansfield Comp-

CHAUTAUQUA COUNTY AND ITS PEOPLE

ton was found guilty of arson in the third de- gree and sentenced to State prison for eight years. William W. Compton was found not guilty. Mansfield was pardoned by Governor Seymour upon the ground that the evidence was too weak to establish his guilt. This cir- cumstance afterwards gave the case a political importance.

A distressing catastrophe occurred on Cassa- daga Lake, September 2 of this year. A party of forty young men and women set out from Delanti for a picnic upon the "Island," as it was called. To reach it they had to cross the lake. Warren Wilcox took four into his boat, which proved leaky and sunk, leaving all of his party in the lake, but Mr. Wilcox by his courage and self-possession saved them all. When this accident occurred, those in a larger boat managed by Jarvis Wilcox, having twenty young people aboard, being but a little distance away, witnessed the accident. The young peo- ple on this boat sprang to their feet in alarm ; this action tipped the scow, which precipitated all on board into the lake. J. W. Warren and Delevan G. Morgan, who were of this party, rendered efficient service in saving the lives of several. Seven young ladies, daughters of prominent citizens, were drowned, all between the ages of thirteen and twenty-seven; their names were: Lucy Lazell, Celia Lazell, Alice J. Wilkins ; Mary A. Harrison, daughter of Dr. G. S. Harrison ; Charlotte Moore, Elizabeth M. Goodrich, and Philena Saddler. Jarvis Wilcox, the boatman, after saving several of the pas- sengers, was also drowned, while attempting to save others. Philip Phillips, afterwards widely known and celebrated as the "Pilgrim Singer," was among the saved. A great concourse of people assembled at the funeral. Eight bodies of the drowned were present, each with its circle of relatives and near friends. Six were buried in one grave, over which was erected a monument with an appropriate inscription.

More than half a century had elapsed since a new town had been added to the list. Sher- man was the last. Poland was formed from Ellicott, April 9, 1832, and eight days later the town of Sherman was formed from Mina. Kiantone was now (November 16, 1853) formed from the town of Carroll. Kiantone perpetuates the name of the little Indian vil- lage that stood on the banks of the Kiantone creek, within the limits of the town. Kiantone is associated with several names of aboriginal derivation. The Conewango creek, which forms the greater part of its eastern boundary, bears an Indian name; Stillwater, the principal stream in the north part of the town, was once

known as the Ga-won-ge-dock, while the large stream in the south part bears the Indian name given to the town.

Kiantone was one of the earliest seats of Spiritualism. The year that it was organized as a town, and but four years after the "Roches- ter knockings" were developed, a famous spring was revealed, it is said, to Oliver G. Chase and Mr. Brittingham, two early Spiritu- alists, not far from the site of this ancient In - dian village. This spring was about one and one-half miles above the residence of A. T. Prendergast, on the right bank of the Kiantone creek, at the foot of a high bluff and at the edge of the forest. It seemed to have two sources forty feet beneath the surface and but cight inches apart. One of the fountains dis- charged turbid, and the other transparent waters; one was charged with sulphuric acid and iron, and the other with magnesia, soda and iodine. Modern Spiritualism was then at its very beginning. The dedication of this spring was one of its early demonstrations. At this meeting, April 15, 1853, many Spiritual- ists were in attendance. A marvelous history was attributed to the spring. It was said that it was known to Celts one thousand years be- fore, and that a knowledge of its existence had been for a long time lost. It was resolved that now a city should be built around it, to be called Harmonia ; that its houses should be cir- cular, lighted by the sun and painted blue. The doings at the spring, particularly the receiving of communications from the spirits of deceased persons, were long a subject of criticism and ridicule. Twenty-five years later, when Spir- itualism was better understood, it was estab- lished under more favorable auspices at Lily Dale, on Cassadaga Lake, which thereafter and during many years was one of the most impor- tant assemblage grounds of Spiritualism in the United States.

Chautauqua county has contributed its full share to the idiosyncrasies of the times and seems to have been a point whence many unique and independent movements, good, bad and indifferent, have had a start. Many of the early converts to Mormonism were from Chautauqua county, and several of its most famous leaders were familiar to its people in the early years of the Latter Day Saints. Among them was Sidney Rigdon. He was born in Allegany county, and in early life was a Baptist minister. He is believed to have surreptitiously obtained at the printing office at Pittsburgh the manuscript written by Solo- mon Spaulding, called the "Book of Mormon," which Spaulding is said to have intended to

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AGRICULTURAL PERIOD-1851-1861

publish merely as an historical romance pur- porting to account for the peopling of America by the Indians. This manuscript, after it had been furnished to him by Rigdon, Joseph Smith claimed to have read through a pair of magic spectacles behind a screen or blanket to his amanuensis, Oliver Cowdery, in the pres- ence of David Whitman and Martin Harris ("the three witnesses"), pretending it to be a translation of the hieroglyphics engraved upon the plates that Smith claimed were dug out of a hill in Ontario county, New York. There- after Rigdon preached the Mormon faith, was closely connected with Smith in his enter- prises, and suffered with him in the persecu- tions growing out of their championing Mor- monism. Jamestown was a gathering place for Mormans for a while in 1833. Rigdon was there, a chief among them. It is estimated that at one time from one hundred to three hundred Mormons were there. They occupied houses on Third street, west of Jefferson, and held frequent meetings, usually in the street near their dwellings. In 1834 they left James- town, having made but few converts there. Brigham Young having superceded Rigdon, the latter was contumacious and refused to submit to Young's authority. Finally Rigdon returned to the place of his birth in Allegany, New York, where he died, declaring himself to be firm in the belief of the doctrines and truthfulness of the "Book of Mormon."

During the early years of Mormonism, in inany towns of the county were gathered con- verts to the faith who eventually journeyed westward and joined Joseph Smith at Nauvoo. Oscar Johnson relates that :

In 1834 there were in Laona and vicinity about thirty Mormons. Dr. Thomas D. Mann was practicing there as a physician. A Mormon elder was sick unto death, and the doctor took his three students with him on one of his visits. The elder said that he should die, but should arise from the grave the third day. One of the students whispered to the other, "We will see that he does." Unfortunately some of the Mormons overheard this, and on the third night they assembled in force to watch, and when the boys had the body partly removed from the grave they rushed upon them and succeeded in capturing one of the number. This year the Mor- mons removed, almost in a body, to Ohio, but they left one of their number as a witness to convict the young student. The one left had the habit of drinking, and, by a concerted effort and free whiskey, was in a pro- found slumber when the case was called for trial. No one appearing, the case was dismissed. It is to be doubted whether the prisoner could have been convicted for his efforts to verify the predictions of a dying saint. The accused was Dr. George S. Harrison, who for more than fifty years was one of the most influential citizens and ablest physicians in Chautauqua county. It is be- lieved that the same trio of medical students prepared themselves for their duties by a close observation of the bones and muscles of Joseph Damon, the murderer.

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History of Chautauqua County, New York, and its people, Volume I, Part 12

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