USA > New York > Chautauqua County > History of Chautauqua County, New York > Part 42
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Thomas B. Campbell, also a Democrat, succeeded Judge Osborne as first judge, and held that position for two years, and until the court of common pleas ceased to exist. The court suffered no deterioration with Judge Camp- bell as its presiding officer. Although he was not a lawyer, he was a strong- minded, able and upright man, who, like his predecessors, had an aptitude for the law. By his strong and practical good sense he commanded the res- pect not only of its suitors at law but of the members of the bar. who prac- tised in his court.
The old common pleas in 1847 ceased to exist as a court. When it expired it was composed of Thomas B. Campbell, first judge ; John M. Edson, Caleb O. Danghaday, 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 recreation, best suited to his peculiar taste. His constant struggle for existence with the forest and with unpro- pitions seasons had trained him to take his greatest pleasure in 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 ideas of the law and learned the principles of our government. The judges were to him the best examples of dignity, justice and wisdom, the closing plea of his favorite lawyer his highest ideal of eloquence, and he was not without reason for this opinion. James Mullett, 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 powerful and impressive elo- quence, never failed to carry away and control his andiences. The logic, the eloquence, the will of Burnell dominated the courts and wrenched ver- dicts from juries. .
Some account of these early lawyers ought to be preserved. We have had occasion (page 335) to speak somewhat of Judge Mullett. His genins and eloquence made him the master of the jury box. His youth was pos- sessed of but few advantages, and he commenced the study of law late in life. But his industry, ability and love for his profession supplied this lack of carly opportunity. Nor did he rely too much upon his natural gifts. He was a patient student, making a diligent study of Blackstone, and of the old authors within reach. By careful study he acquired great power of expres- sion, using strong, original and well-chosen language. He was able to crush
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a witness or an opponent with a phrase. Mark Rork, a good citizen and a worthy member of the early church militant, arrested a party of young mis- creants, who were making a disturbance at a camp-meeting, and brought them before a justice of Fredonia for trial. Mullett in his plea in their defence christened Rork " Zion's Bulldog," a title which afterwards obsti- nately clung to him. Mr. Mullett was also celebrated for his wit and keen- ness in retort. Many stories are told of his skill at repartee. While trying a cause in Buffalo, Mr. Mullett called the attention of the jury to the circum- stance that the wealthy party whom he was opposing was able to employ an array of accomplished lawyers of whom Millard Fillmore was the " right bower." Mr. Fillinore, with an assumed air of ignorance of the term, face- tiously inquired what he meant by the "right bower." Mullett replied " the biggest knave in the pack." Mr. Mullett did not carry his wit and eloquence about to be used on holiday occasions only. Seldom did he try a cause, however dry or unimportant, that he did not leave some strong, original expression or keen witticism to be remembered and told long afterwards. It was his custom to express himself in elevated, impressive and good language. His democratic character and his popular associations enabled him to adapt his eloquence to suit the occasion and taste of his andience. One who had the bad luck not only to have a horse lawsuit, but also to have Mr. Mullett as opposing counsel, tells how he introduced his witnesses to the notice of the jury. A. D., his first witness, Mr. Mullett described as " the genius of mischief, who could swap characters with any man in Gerry and make in the transaction." Of S. B., who had been present the evening before on a convivial occasion in which Mullett had also participated and had been on intimate terms with the witness, indulging quite as freely as he in its festivi- ties, Mr. Mullett said : "fresh from the heel-taps of a bacchanalian revel, breathing through hogsheads of whiskey, mistaking the disordered fancies of his muddled brain for memories of the truth, old S. B. staggers on to the witness stand,"-a wealth of eloquence seldom wasted on a horse lawsuit.
Of some of the early attorneys we have already spoken. Samuel A. Brown was not only the first lawyer to establish himself in Jamestown, but was the one who practiced longest in the courts of the county. He came to Chautauqua in 1816. He entered as clerk in the office of Jacob Houghton, then the leading lawyer. For many years Mr. Brown was one of the best known of the carly members of the bar. He was not strong in elementary law or prominent as an advocate, but was a "case lawyer," and was a good lawyer, acute and successful. He transacted a large amount of legal busi- ness. For ten years he served creditably as district attorney. He was well read in the law, familiar with the practice of the courts, and was remarkable for his great industry and the care with which he prepared his cases. He had many excellent qualities both as a lawyer and a citizen, and deservedly
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possessed public confidence. He was very genial and many anecdotes are still told of his quaint humor and dry wit.
Sheldon Smith, a talented young man from Manlius, Onondaga county, was the second lawyer to settle in Jamestown. He was admitted to the bar at Mayville at the June term of 1818. After a few years le removed to Buf- falo, where he became a brilliant and leading lawyer. He assisted the dis- trict attorney of Erie county upon the trial of the three Thayers, and after- wards assisted Samnel A. Brown in the trial of Damon. He died in Buffalo within a year after in his 47th year.
Abram Dixon was the first lawyer of Westfield. He graduated at Yale in 1813, and in 1817 settled at Westfield, where he resided until his death. For four years commencing with 1840 he was a state senator.
David Mann was also an early lawyer of Westfield. He was a man of ability and a good lawyer. He served six years as district attorney.
Abner Hazeltine for more than 60 years was a leading lawyer of the county. He came to Jamestown about the same time that Mr. Brown did and, like him, he first entered the office of Jacob Houghton as a clerk and student. He, like Mr. Brown, was remarkable for his industry, and was even more remarkable for his patient and untiring application to his profession. Others were more distinguished as trial lawyers and advocates, but none had a better disciplined legal mind, or was better grounded in the fundamental principles of the law, and none could, in a legal argument, better elucidate and apply the principles involved to the questions at issue, or state them in better or clearer language. The legal attainments of Mr. Hazeltine, his high sense of honor, his integrity and unassuming character have made his name one of the most honored of the county. But few persons have so entirely possessed the confidence of the people. Without solicitation on his part he was chosen member of assembly, district attorney, county- judge, and for two terms member of Congress.
Richard P. Marvin settled in Jamestown in 1829, and, for 18 years was in the continuous practice of law, except while in the performance of his official duties as member of Congress and other public positions. At the end of this time he was elected justice of the supreme court which office he held for over 24 years, being all of the time a resident of Chantauqua county. Judge Marvin was one of the ablest advocates that the country has produced, and was recognized as a leading lawyer of Western New York, but, having served during the greater part of the active portion of his life as justice of the supreme court, his judicial reputation is best known. He was one of the most distinguished of the early judges under the constitution of 1846, and his decisions and written opinions are regarded with great respect. Although he was a most industrious lawyer and judge, he found time to indulge a
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literary taste and a love for historical studies. Judge Marvin's ability and honesty and his devotion to the interests of the county early secured him the confidence of its people, which he always retained, and they have been justly proud of his accomplishments and of the distinction he attained.
Gen. Charles H. S. Williams came from Cazenovia about 1836, and prac- tised law in Fredonia for ten years or more. He was able and brilliant, had a large practice and took the first rank as an advocate and trial lawyer along with Richard P. Marvin and the other able lawyers of the county. He removed to Buffalo and became the district attorney of Erie county. He afterwards removed to California where it is said that he ended his life by suicide.
Many able lawyers of Buffalo first commenced practice in Chautauqua county. James Mullett and Sheldon Smith were of this number. Chauncey Tucker's early practice was in this county. He removed to Buffalo and became one of the most distinguished members of the Erie county bar.
Dudley Marvin was one of the eminent lawyers who resided here only a a portion of his life. In his early life, while living at Canandaigua, he had often been employed as counsel in important causes in Chantauqua. The most of his active life, however, was spent in practice in Canandaigua, New York and Brooklyn, and he did not come to this county to reside until 1843, and when he came it was with the intention of discontinuing practice. He was, however, often engaged as counsel in important suits, yet juries did not have the opportunity to listen so often to his oratory as to that of Mr. Mullett and Mr. Burnell. But he was their peer and a man of great ability. . His services were esteemed so valuable that he " rode the circuit," and served as counsel associated with lawyers of inferior ability. Mr. Marvin was a thor- ough lawyer in every respect, sagacious in the preparation and conduct of his cases, skilled in the examination of witnesses, and witty and eloquent before a jury. Many stories illustrative of his wit and talent are still told. He was a personal friend of Henry Clay, and was very distinguished as a political orator. His son, Selden Marvin, now a resident of Erie, Pa., was for several years an able judge of this county.
But Madison Burnell was one to the manor born, his birth place being in the county. It was the scene of all his labor, and his life ended here. Of no name identified with its history, however distinguished, have we more just cause to be proud. Mr. Burnell was born in what is still a retired part of Charlotte, less than three years after its first settlement. His youth was spent in the backwoods, he helping to clear his father's farm, following the plow, and sharing in the toil of the farm. His opportunities for an educa -. tion were limited to those of a country school district. One-half a term. at Fredonia and a term at Middlebury Academy, Wyoming county, completed it. His father was a judge of the court of common pleas, a justice of the
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peace and a Methodist preacher. His library consisted of a few law books and some religions and theological works. To most young men they would offer but little entertainment, but Madison studied them with zest, and read all other books that came within his reach. Judge Burnell's house was a stopping place for Methodist ministers. Their discussions of theological questions, and the proceedings in the law suits that came before his father awakened his talent for disputation. When about twenty-one Mr. Burnell entered the law office of Marvin and Warren, where he studied with miusual diligence, and tried canses in justice's court with great success. Justice's court lawyers in those days were troublesome opponents. They were often men of ability, keen and shrewd. Young Burnell soon proved to be more than a match for the best of them. When he was admitted to the bar, and com- menced practice in the higher courts, he became at once its most formidable member. He had great versatility, and possessed more of the varied accom- plishments of a good lawyer than are usually found even among those most distinguished. He was particularly celebrated for his skill in cross-exami- nation. He was possessed of a deep insight into human nature, and few men on the witness stand, however sagacious and crafty, could conceal the truth under his searching and ingenions questioning. His power as an advocate was extraordinary. No one has been so successful at the Chautauqua county bar before a jury. His sympathies were strong and genuine, and when they were awakened he would appeal with power to the sympathies of the jury. He was very formidable in argument, whether discussing the law before a court, or reviewing the facts before a jury. But it was for his powers of invective that he was most distinguished. He despised a liar and a fraud. In a case involving the turpitude of a party or a witness, by his sarcasm, his scorn, and the keenness of his thrusts, he could pierce the thickest skin, and make the most hardened villain wince. One could almost pity the rascal against whom his wrath was unloosed, and sometimes feel that the scorching punishment inflicted by Mr. Burnell was ample retribution for his offense.
Mr. Burnell's language was not always the most polished, but was always strong and effective. His grammar and his rhetoric were sometimes open to criticism. Vet a cultured man could not listen to his expressive language withont according a full pardon for his offenses against the rules of gram- mar. His power over juries became so supreme that Judge Sill once remarked in open court that " There is no lawyer at the bar that can cope with him, that the facility with which he makes himself believe that his canse is just canses his influence with the jury to be dangerously great, and that it is the duty of the court to prevent what may become a perversion of justice." In the trial of a case he was self-forgetting to a remarkable degree. From the beginning to the end of the trial he gave his whole energies to his client. No case was so unimportant, even a suit before a backwoods justice,
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as not to command all his effort. He had great powers of endurance and was untiring. Near the close of a long and ardnons legal contest, when his associates and the opposing counsel would be worn and weary with the strain of the struggle, he would return to the assault as fresh and vigorous as if it had just begun, and win his case through sheer endurance. He was also remarkable for the facility with which he could adapt himself to the new views and features developed during the trial.
It was an extraordinary peculiarity of such a nature that he was quite modest and even timid. He had a great distrust of his own powers, and would approach an important trial with misgivings. Not until the case was opened was he fully himself. In the words of Dr. Gilbert Hazeltine, "then the lion that was in him came out of his lair, shook himself and stood in all the proud majesty of his legal strength." Mr. Burnell from childhood took a deep interest in public questions, was one of the most popular political speakers in Western New York, and always the favorite of his county. His political friends sought and followed his advice, having implicit faith in his disinterestedness and in the wisdom of his judgement. While ready to assist those he thought worthy to public positions, he never sought office for him- self. He was not willing to compromise his sense of honor by resorting to the ordinary methods of politicians to obtain it. He was in the best sense of the word an honest man. He was twice elected to the assembly, and this was the only office ever held by him.
There were other well-known and successful lawyers, now deceased, of whom biographical sketches should be fully preserved before the record of their lives is lost. Among them were William Smith of Mayville, an early surrogate, Ernest Mullett, Joseph Waite, who commenced the study of law in Jamestown after he was 36 years of age, became a successful lawyer and served three years as district attorney. " He was the father of Davis H. Waite, now governor of Colorado, and formerly a well-known editor and citizen of Jamestown. Franklin H. Waite, the eldest son of Joseph Waite, was admit- ted to the bar in 1836, practised law in Jamestown, was a judge of the Chau- tauqua court of common pleas, and subsequently moved to Minnesota and became a judge there. John Birdsall of Mayville, more distinguished as a judge of the supreme court of the eighth judicial district of New York, and afterwards as chief justice and attorney general of the Republic of Texas. Also among them were Eben D. Edson, George A., Richard O., and William Green, brothers, and well-known lawyers of Mayville ; John G. and Watson S. Hinkley, brothers, equally well-known lawyers of Westfield ; E. B. For- bush, Albert Richmond and S. Mervin Smith of Sinclairville ; James D. Strang of Ellington. Strang was admitted to the bar of Chantauqua in October, 1836, practiced law in Ellington, where he was postmaster for a time. He joined the Mormons and became a leader among them. When
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the Mormons were driven from Nauvoo in 1845 they were divided into three factions : The "Twelveites," who emigrated to Utah, the " Rigdonites," who followed Sidney Rigdon, and the "Strangites," who followed James D. Strang. When Joe Smith was killed, Strang claimed to have a revelation from God appointing him his successor. Strang and his followers made Beaver Island in Lake Michigan their headquarters. After a while an organized force of fishermen and others attacked them and the Mormons were driven from the island. Strang received wounds from which he died soon after at the Mormon village of Voree in Wisconsin.
The list of distinguished deceased members of Chautauqua county bar will not be complete without mention of still other names. Elisha Ward of Silver Creek was noted for his independence of thought, his unconventional manners, his ability and a mind remarkably well furnished by reading the classics and best authors. He was a judge of the court of common pleas and at one time state senator. Francis H. Ruggles of Fredonia a state senator, and Abner Lewis of Panama a county judge and member of Congress were lawyers of ability. Benjamin F. Green once justice of the supreme court of the eight district was a lawyer of Fredonia. In later years, Col. James M. Brown, who fell at the battle of Seven Pines, Col. William O. Stevens, who fell at Chancellorsville, and Col. John F. Smith, killed at Fort Fisher, were all able lawyers in active practise at the commencement of the Civil War. The last two had been district attorneys, and were both brilliant and dis- tinguished in their profession. Among the well-known and able lawyers of the county who have died since the Civil War are Phillips S. Cottle, Thomas P. Grosvenor, once county judge, William M. Newton and Walter W. Holt.
We had not intended to speak of living members of the Chautauqua bar in the brief space allotted to these sketches. Some, however, of these now living and who sometimes appear in the courts were the contemporaries of the earliest lawyers of the county and should be mentioned in this connec- tion. Of this number is Anstin Smith of Westfield. He is the Nestor of the Chautauqua county bar, having been in practice over 60 years. He and Madison Burnell were at one period considered its ablest practitioners. Orsell Cook, always a prominent lawyer of the county, is still at the head of a lead- ing law firm in Jamestown, and has been at work at his profession nearly 60 years. He was for eight years county judge. Clark R. Lockwood one of the older rank of living lawyers has practised over 4o years. Until his health became impaired, he was one of the most industrious, energetic, and successful lawyers at the bar. The law firm, Cook & Lockwood, of which he was a member, for years was one of the best known in the county. With improved health he is still in practise. Emory F. Warren was for over 40 years a well-known lawyer, a member of assembly, surrogate and county judge. Daniel Sherman has been for many years in practise at Forestville.
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As Indian agent and as district attorney he has conducted many important litigations. He ceased practise when he was elected surrogate of the county, which position he now fills. George Barker, before his election as a justice of the supreme court, was an able lawyer with an extensive practise. He was for six years the district attorney. His long service upon the bench, and as presiding justice at the general terms of the supreme court has how- ever made him more widely known as a distinguished jurist. Lorenzo Mor- ris, for over half a century a member of the Chautauqua bar, was for many years its leader and most able advocate. He is a leading Democrat, whose advice has always been sought and highly valued by his party. In 1866, notwithstanding the Republicans were greatly in the majority, he was elected state senator by the Democrats. Of the same political faith are Charles D. Murray and Henry C. Kingsbury, who, notwithstanding the fact that their party in the county has always been hopelessly in the minority, have stood by its principles with unwavering fidelity. They are younger than Mr. Morris and came later into the profession and are still leaders among its mem- bers. Oscar W. Johnson, is not only distinguished for his legal ability but also as an accomplished writer. His fame as such is not confined to the limits of the county. F. S. Edwards, Walter L. Sessions and Porter Sheklon were all prominent members of the profession and have had years of legis- lative experience in congress. Jolin S. Lambert, present justice of the Supreme Court, and Warren B. Hooker, the present member of congress, of Fredonia, and Almon A. Van Dusen of Mayville, county judge, are well- known and prominent lawyers, extremely popular and among the youngest men that have held those positions since the county was organized. Of the other living lawyers of the county it is not our purpose to speak in this place. They will be more appropriately mentioned in the history of the towns of their residence and at some time by the future historian. The bar of the county in 1820 uttimbered 13 members, in 1830, 16, in 1840 it had increased to 43 and it has now about 90 members who will compare favora- bly for character and ability with the bar of any county in the state.
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CHAPTER XL.
MEXICAN WAR, ERIE RAILROAD, CIVIL WAR, ETC.
A T THE meeting of the board of supervisors in the fall of 1848, Reuben E. Fenton was elected chairman and Daniel Sherman clerk.
A treaty of peace was concluded at this time between the United States and Mexico. Several residents of this county were soldiers in the war. The presidential election occurred in 1848. The Whigs nominated Zachary Taylor for president and Millard Fillmore for vice-president. The Demo- crats nominated Lewis Cass for president, and Williain O. Butler for vice- president. Those Democrats called Barnburners, who favored the exclusion of slavery from the territory acquired from Mexico as the result of the Mexi- can war, held a convention at Utica, and nominated Martin Van Buren for president, but, in order to unite all opposed to the extension of slavery, a mass convention was held in Buffalo, August 9, 1848, which was largely attended by people from every northern state, and also from Delaware, Maryland and Virginia. It was held in a great tent on the courthouse park. The multi- tude assembled chose Charles Francis Adams as their presiding officer. The convention nominated Martin Van Buren for president, and Charles Francis Adams for vice-president. The creed of these " Free Democrats " commonly called " Free Sollers," as laid down in their resolutions, was comprehen- sively expressed in the phrase, " No more slave states, and no slave territo- ries." This was the only convention of national interest ever held in Buf- falo. It was a convention of great importance in the history of the country, as it was the first to take decisive grounds against slavery. It was largely attended, and sustained by the sentiment of a considerable number of the people. The action here taken exerted a powerful influence in strength- ening the opposition to slavery which up to that time was comparatively weak. Many Chautauqua county citizens attended. The election resulted in the choice of Taylor and Fillmore. Taylor received 4,207 votes, Cass 1,911 and Van Buren 1,648, in this county. Hamilton Fish, Whig, was elected governor, Elijah Risley representative to Congress, Silas Terry and Ezekiel B. Gurnsey members of assembly, Noah D. Snow, sheriff, Orson Stiles, county clerk.
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