History of Clinton and Franklin Counties, New York : with illustrations and biographical sketches of its prominent men and pioneers, Part 105

Author: Hurd, D. Hamilton (Duane Hamilton) 1n; Lewis, J.W., & Co., Philadelphia
Publication date: 1880
Publisher: Philadelphia : J. W. Lewis & co.
Number of Pages: 922

USA > New York > Clinton County > History of Clinton and Franklin Counties, New York : with illustrations and biographical sketches of its prominent men and pioneers > Part 105
USA > New York > Franklin County > History of Clinton and Franklin Counties, New York : with illustrations and biographical sketches of its prominent men and pioneers > Part 105

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In 1852 he commenced the practice of law in that village in company with the Hon. Joseph R. Flanders and Hon. William A. Wheeler, and continued with them in the practice of law until the fall of 1854, when he formed a partnership with Albert Hobbs, which firm succeeded Flanders, Wheeler & Taylor, and continued till January, 1868. Subsequently John I. Gilbert, John P. Badger, and F. D. Kilburn, who had studied law in his office, were successively partners in the practice of law with him.

In 1862 Mr. Taylor was elected district attorney of Franklin County, and re-elected in 1865, and held the office for six years in succession. In 1877 he was elected county judge of Frauklin for the term of six years.

He has always been an active Republican. As au attorney he is capable, faithful, and houest. As a lawyer he has had large experience, and possesses a mind cultivated by study, refined by discipline, broad in comprehension, and searching in investigation. In personal character he is blameless, upright, con- scientions, and faithful to every trust. Iu Deeem- ber, 1857, he was united in marriage to Elizabeth L. Jackson, daughter of Hon. Joseph H. Jackson.

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BENCH AND BAR.

long as he lived. Mr. Parkhurst never hesitated to attaek any theory which he deemed erroneous or injurious to the good of the community. He was combative in argument, and whoever opposed him had to be well posted to with- stand his assaults.

He was elected a member of the Legislature by the Anti- Masons in 1833, but never held any other office of any importanee. He was one of the first anti-slavery men in the county and State, and always adhered to his anti- slavery principles, and lived long enough to see them pre- vail. He was engaged in nearly cvery important eause in the county as long as he continued to practice, and was frequently ealled professionally to the neighboring counties. His location for the practice of his profession was most un- fortunate. His residence in an obscure portion of this great State, and in a community too poor to have any litigation of mueh importance, prevented his obtaining a wide repu- tation as a practitioner. He was thiek-set, of about me- dium height. Had a fine-looking head and commanding appearance. His voiee was good, and his choiee of words excellent. At times he was exceedingly amusing. The writer well reeolleets many of his sayings and amusing speeches. Among the many I will give one :

A well-known firm of attorneys and Judge Smith had been sued for false imprisonment. Parkhurst was employed to aid in the defense. At the opening of his summing up he said, 'Gentlemen of the jury, this case is an anomaly in my praetiee. There must be an extreme dearth of busi- ness when one lawyer sues another. It is dog eat dog ;" and thus he continued for an hour to ridicule the plaintiff's case, and the result was a very small verdiet against the defendants. When Mr. Parkhurst chose to speak he knew how to say what he had to say in the most effective man- ner; and he would not speak unless he had something of interest to communicate. When aroused his thrusts were not easily parried. His first wife died in 1849, and in 1850 he married Miss Sarah Alexander, who still survives. He had two children, viz., Albon M., who many years sinee removed to and now resides at Howard, Iowa. His daugh- ter, Caroline M., married Rev. Charles Gillette in 1848, and died in 1863. For a number of years prior to his decease he felt that the hour of his departure was ncar at hand, and he endeavored to arrange liis affairs for that event. For many years he was a prominent and efficient member of the Presbyterian Church, contributing liberally for its support both at home and abroad. He died Oct. 31, 1865, aged cighty years.

James C. Spencer commenced the study of the law with Jabez Parkhurst, of Fort Covington, N. Y., in 1842, and was admitted at General Term of Fourth District, held in spring of 1848, at Sandy Hill, N. Y. He eommeneed practice in 1849, at Fort Covington, and remained there until May, 1854, when he removed to Ogdensburglı, St. Lawrenee Co., N. Y., and entered into practice with the late Hon. Wm. C. Brown, of the firm of Brown & Spencer, which continued aetive practice ten years. During his resi- dence and praetiee at Ogdensburgh, Mr. S. held the office of U. S. Attorney of the Northern District of New York under the administration of President Buelianan. In De- cember, 1864, he removed from Ogdensburgh to New York

City, and commenced praetiee there. In 1866 he entered into partnership with Hon. Charles A. Rapallo (now of the Court of Appeals) and others, forming the firm of Rapallo & Spencer, which firm continued in active practice until the same was dissolved by the election of both senior mem- bers to the bench. Mr. Spencer was elected to the bench of the Superior Court of New York City in the fall of 1869, to fill a vacancy caused by the death of Chief Justice Robertson, of that court. At the expiration of his term, and in January, 1872, he resumed the practice of law in New York City. Sinee his return to the bar he has been reporter of the Superior Court of New York, he and Judge Jones, his associate reporter, having published twelve volumes or more of the decisions and opinions of that eourt.

JOSEPH R. FLANDERS, now a praetieing attorney in New York City, was for a long time a leading lawyer in this county, but we have been unable to secure data for a sketeh of his life. He is a brother of Hon. Francis D. Flanders.

George S. Adams was born in Bangor, in this county. Was educated in Franklin Academy. He is a fluent speaker. He has been three times married. He mar- ried his first wife in Lewis County, and had by her two children. He married his second wife in Malone. Early in life he came to Malone to study law, and, being a young Democrat of some influence, was appointed postmaster, which office he retained several years. He was admitted to the bar during this period of time, and after retiring from the post-office he commenced the practice of his pro- fession, became a Know-Nothing, and was elected county judge by them in 1855, which office he retained until 1860. He then resumed the practice of his profession and removed to Burke, where he engaged in lumbering. Not being successful in that business, he removed to Malone in 1878, and resumed the practice of his profes- sion, which he still continues. Judge Adams is about ninety-three years of age.

WILLIAM P. CANTWELL .*- One of the most prominent members of the legal fraternity now in praetiee in Franklin County is the Hon. William P. Cantwell. He is of slight frame, nervous temperament, and apparently incapable of enduring mueh fatigue ; but in that respect his looks belic him. He has wonderful reeupcrative powers, for no man of my acquaintance can endure more mental labor than he. He can try a eause all day, and on the next continue with apparently as much vigor as at the outset, and thus continue on from day to day until his eause is disposed of. He is a natural seholar, and his greatest enjoyment seems to be in investigating some knotty question. He is an excellent speaker, makes a fine choice of words, and, grasping quickly at the salient points of a case, he readily makes the most of the material he has. We have heard all the strong men ever at the bar in this county, and think Mr. Cantwell the peer of any of them. He was born in the province of Quebee, of American parentage ; was edueated partly in Canada and partly at Castleton and Burlington, Vt. He holds the degree of Master of Arts, conferred by the University of Vermont. He studied his profession in Montreal, spending four years in the office of A. & G. Robertson, and was admitted to

* By HI. A. Paddock.

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HISTORY OF FRANKLIN COUNTY, NEW YORK.

the bar in 1851 ; praetieed his profession in that eity for a period of two years. He spent a portion of his time in newspaper work, being for some time associate editor of the Pilot, a paper founded and previously conducted by Sir Franeis Hineks, subsequently as editor of the Sun. Mr. Cantwell moved to Malone in 1853, and was admitted to the bar in this State in July, 1854. He at once took a prominent position among the practicing attorneys of the county. He was for a time associated in business with the Hon. John Hutton. His political association being with the Democratic party, his chanees for preferment and office have been slight indeed. He was, however, eleeted school commissioner in 1858, which office he retained until 1861. Mr. Cantwell has always taken a deep interest in the schools of the town and county, and was for many years a member of the board of trustees of Franklin Academy, and of the Board of Education. While Mr. Flanders was postmaster, Mr. Cantwell had charge of the editorial department of the Franklin Gazette, the Democratie organ of the county. In 1872 he had the honor of being the Demoeratie nomi- nee for member of Congress in the distriet represented by Hon. W. A. Wheeler, but of course was defeated, the dis- triet being overwhelmingly Republican. In 1877 he was the candidate of his party for the office of county judge, and was defeated by a majority of five hundred and thirty- three only, while the usual Republican majority was one thousand and upwards. Thus is evideneed the esteem in which he is held by his political opponents. For several years he was a director of the Farmers' National Bank of Malone, but, being unable to devote the time requisite to a thorough understanding of the condition of the bank, lie resigned that position, believing no person should give the sanetion of his name to things of which he was not eertain. Pity it is we have not more such men !

During the absence of Major Man, then district attorney, in 1861, Mr. Cantwell acted as district attorney, during which time he carried to a successful termination one of the most interesting and intricate eriminal prosecutions which has ever occurred in the county. One Riley Earl was in- dieted for girdling the orchard of a neighbor, and though no person saw him commit the aet charged, yet such a net of eireumstantial evidence was woven around him that there was no possibility of escape, although some of the most eminent counsel of Franklin and Clinton Counties werc engaged in his defense. Mr. Cantwell has been em- ployed in all the more important civil and eriminal actions which have been had in the county for many years, and has been, in the main, successful. He is indefatigable in his researches for eases and points to sustain any position he takes. Although honorable in all his dealings with his brother attorneys and by elients, yet he never yields any- thing which will compromise the interests of those for whom he is employed. ' Mr. Cantwell married Miss Olive Miles, and has four children living, all sons. The eldest, Thomas, is a member of the firm of Cantwell, Paddoek & Cantwell; and, as far as industry, attention to business, and study ean indicate, will in time fill the position now occupied by his father. His second son, William P. Cant- well, Jr., is now a student in Yale College, and his other two sons are attending the village schools. It has been said,

and is no doubt believed by some, that a lawyer cannot be an honest man ; but in Mr. Cantwell the converse of this statement is true, for in the opinion of the writer, from years of acquaintance with him, a more honest and upright man than William P. Cantwell does not live.

HENRY A. PADDOCK was born in Fort Covington, May" 2, 1823. He was the eldest son of Dr. Ora F. Paddock, one of the earliest settlers in the county. He fitted for col- lege at Fort Covington Academy, and entered Middlebury College in 1838. At the age of twenty-one he commenced the study of law with Messrs. Wallace & Flanders in his native town. After remaining with them four years, he was admitted to the bar, and commenced the practice of his profession. In 1853 he was elected district attorney by the Democrats. He held that office for one term only, choosing to east his influence for the Republican party, which was organized in Franklin County in 1855, rather than to receive a renomination from his old associates. Having been a Free Soiler in 1848, he could not do other- wise. In 1859 he was elected county judge and surrogate, and was re-elected in 1863, and immediately removed to Malone, where he now resides. In 1865 he was elected vice-president of the National Bank of Malone in place of Hon. W. A. Wheeler, who had retired from that position. In 1875, Judge Paddock was appointed national bank ex- aminer for the eastern portion of New York, which office he retained until 1879. Sinee 1874 he has been in the active practice of his profession as a member of the firm of Cantwell, Paddock & Cantwell. In 1851 he married Mary, daughter of Hon. George B. R. Gove. He had four children,-Sarah W., Fred. G., George B. R., and Henry O.,-all now living but Henry O., who was drowned, July 14, 1879, while bathing.

WALTER H. PAYNE was a son of Samuel H. Payne, and grandson of Ezekicl Payne, one of the earliest settlers of the county. Young Payne was born in Fort Covington, in 1831. He was educated at Fort Covington Academy, studied law with James C. Spencer, and was admitted to the bar in 1853 or 1854. He commenced the practice of his pro- fession in his native town, and was cleeted district attorney in 1856. He served in that capacity for one term only. He was a young man of considerable ability, but of feeble constitution, and succumbed to discase in 1863. He mar- ried, in 1857, Miss Jane M. Barry, daughter of Malachi Barry, and left surviving him three children.

ASHBEL B. PARMELEE was born in Malone ; educated at Middlebury College, Vt .; studied law with Hasbrook & Schoonmaker, at Kingston, N. Y .; and in 1841 was ad- mitted to the bar of the State of Illinois, at Springfield. He commeneed practice at Warren, Ill., and in 1842 re- turned to Malonc, and in the next year was admitted to the court of Common Pleas, and in 1844 to the Supreme Court. He was a partner with Joseph H. Jackson for two years, and subsequently with Edward Fitch for nine years. In 1850 he was appointed district attorney to fill a vaeaney, and in November of that year was elected to the office. He held the office of canal appraiser at Albany from 1855 to 1865. In April, 1865, he went to New York, and practieed his profession in company with Edward Fitch, mentioned above. In September, 1866, returned to Ma-

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lone, and engaged in the land and lumber business with James H. Titus, and has continued in that business to the present time.

The present Franklin County bar is as follows : George S. Adams, John P. Badger, Malone; S. B. M. Beckwith, J. D. Beckwith, Chateaugay ; Samuel A. Bemnan, William D. Brennan, C. A. Burke, William P. Cantwell, Thomas Cantwell, Malone; E. A. Chaffee, Brushton ; Henry B. Cooper, Malone ; P. B. Fisk, Chateaugay ; W. A. Fleming, Brushton ; John I. Gilbert, Albert Hobbs, Malone; E. A. Keeler, Chateaugay ; H. G. Kilburn, F. D. Kilburn, John P. Kellas, Malone; G. H. Main, Chateaugay; W. H. Mears, Fort Covington ; H. A. Paddock, J. C. Saunders,

United States, who have been in both, and are in all free governments, educated for the bar, and, ascending by the inherent force of their disciplined professional life, they be- come the directors of the destinies of states and nations.

Military chieftains may spring into power ; tyrants may for the hour dazzle, with the glamour of military parade and the pomp of war, an oppressed and frenzied people; but they turn, as the cannonade dies away, to the statesmanship of the country, and call to the parliaments and congressional halis for final debate the arbitraments of the liberties of the people.

From the days of King John to the present hour the bar and the bench have furnished the statesmen who have

LITTLa

Photo. by Fay & Goodell, Malone.

M. T. Scanlon, H. A. Taylor, L. C. Wcad, Malone; S. W. Wilson, W. H. Winchester, Fort Covington.

The senior members of the bar of this county have many of them made up their records ; those still left are soon to follow, and the juniors are to assume their places at the bar and on the bench; to them will soon be committed these great responsible trusts. The perpetuity of our free insti- tutions is committed to the guardianship and keeping of the bar and judiciary of our free country, for the history of the world teaches, and all free governments illustrate, this truth. Treat the subject lightly as you will, that to the profession of the law civil government is indebted for all the safeguards and intrenchiments with which the liberties of the people are protected ; that legislation is shaped, con- stitutions enlarged, amended, and adopted by the enlightened administration of the statesmen, both of England and the

erected the bulwarks of constitutional law, and extorted from tyrants the Magna Chartas which have secured to the oppressed the guarantees of free institutions.

Imbued with the historical traditions of your predeces- sors, and tracing the pathis they have trod, emulating their good example, it should become more and more the resolute purpose of the Franklin County bar to so walk in the light of their professional teachings that when they are called to follow them to that upper court and file their judgment-roll of the great trial of life with that Supreme Judge from whose bar they can take no appeal, --

"Thou go not like the quarry-slavo at night Scourged to his dungeon ; but, sustainod and soothed By an unfaltering trust, approach thy gravo Liko ono who wraps the drapery of his couch About him and lies down to pleasant dreams."

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HISTORY OF FRANKLIN COUNTY, NEW YORK.

CHAPTER LXX.

THE PRESS.

The Franklin Telegraph-The Northern Spectator-The Malone Palladium-Frederick P. Allen-The Franklin Republican-The Franklin Gazette-The Salmon River Messenger-The Jeffersonian -The Chateaugay Journal-The Star-The Chateaugay Record- The North Star.

THE intellectual, civil, and social status of a county, State, or nation is evidenced by the character and condition of its press. In that locality where is disseminated this great educator of the masses, by which public opinion is so largely shaped and controlled, is ever to be found an intelli- gent people.

The blessings flowing from a healthy press have been bestowed with a generous hand upon the people of Frank- lin, for from the foundation of the Franklin Telegraph, in 1820, to the present time, it has been marked by a strong intellectuality, and the press of Franklin County has ever taken prominent rank in provincial journalism.

The first paper published in Franklin County was the Franklin Telegraph, established Aug. 31, 1820, at Malone, and " published weekly by Francis Burnap." A card in the paper announces the following :

" The Telegraph will be published every Thursday morning, and afforded to subscribers at $2 per annum, if paid in advance, $2.25 if paid at the end of six months, and $2.50 if not paid till the end of the year.

" To companies of thirteen or more, who call for their papers at the office, and pay weekly, they will be afforded at the advanee price.

" Those who receive their papers by the mail carrier, from Malone to Fort Covington, will hold themselves accountable to tho printer only.

" Any responsible person who will becomo accountable for five sets shall receive one gratis.

"No paper will be discontinued until all arrearages are paid.

" Advertisements inserted three weeks for one dollar per square, or twenty-five eents for every succeeding insertion. Persons wishing to advertise are requested, if possible, to hand in their advertisements as soon as Wednesday morning."

The publication of the Telegraph was continued at Ma- lone until 1829, when it was removed to Potsdam.

The next paper published in the county was The North- ern Spectator, started at Malone, in 1830, by John S. Clay- ton. It was subsequently issued by George P. Allen, and in 1835 was purchased by Frederick P. Allen, and changed to The Palladium.

Mr. Allen published The Palladium until 1844, when it passed into the hands of F. T. Heath, who published it as sole proprietor until June 1, 1849, when J. J. Seaver became associated with him in its publication. It was issued by Heath & Seaver until Dec. 31, 1853, when it passed into the hands of J. J. & J. K. Seaver, who con- tinued its publication until 1877, when it came into the possession of the present publishers, Ames & Seaver, as lessees. Mr. Ames has been foreman in the establishment a long series of years, and Mr. F. J. Seaver is a son of Col. J. J. Seaver. .

The Palladium ranks among the strong Republican journals of the State, and is a vigorous exponent of the principles of that party.

In closing our sketch of The Palladium it is but justice to refer briefly to the life and services of the late Frederick

P. Allen, mentioned above, the veteran journalist of North- ern New York.

FREDERICK P. ALLEN was born in Tinmouth, Vt., Dec. 23, 1798. At the age of twelve years he removed with his parents to Plattsburgh, in this State, where he soon afterwards entered the office of the Plattsburgh Republican as an apprentice to the printing business. That paper was then under the management of Hon. Azariah C. Flagg, with whom Mr. Allen remained until he was about seven- teen. He then went to Middlebury, Vt , and was employed by ex-Governor William Slade in the office of the National Standard. In 1818, Mr. Allen became the proprietor of that paper, and conducted it for about four years, returning to Plattsburgh in 1822 and establishing the Northern In- telligencer, which he published in connection with another paper in Keeseville, between which and the Intelligencer he divided his time, devoting to both the full energies of his early manhood. In these early days the business of printing and publishing a country newspaper was less re- munerative than now, and the labors of the editor more constant and varied. Between the editor's table, the printer's case, and the printing press there was little relaxa- tion in the almost constant tax upon both mental and physical energics, and it is not criticism upon his enterprise nor dis- paragement of his abilities to say that in none of these early ventures was he pecuniarily successful, and whatever of failure there was in this respect his books would attest was due to his leniency towards his debtors rather than to any other cause. Abandoning the field of his early labors, in the winter of 1834-35 he sought and obtained employ- ment in the office of Messrs. Gales & Seaton, then the editors and publishers of the Washington Intelligencer. He remained there, however, but for a short period. Re- turning to Plattsburgh, he came to Malone in March, 1835, and established the Palladium, the first number of which, " worked off" with his own hands, was published in that month. He continued the publication of this paper until February, 1844, when he relinquished it to F. T. Heath, on account of his failing health, which had become impaired from a severe attack of inflammatory rheumatism, from which he never fully recovered. It was while he was en- gaged in the publication of the Standard at Middlebury that he married Clarissa Winants, of Plattsburgh. She survives to mourn the bereavement of a kind, devoted, and affectionate husband.

After his settlement in Malone, for more than thirty years, with the exception, we believe, of a single term, he was honored with the office of justice of the peace, the duties of which were discharged up to within a few years, when his health compelled him to decline a further term. In all these years he was remarked for his efforts to dis- courage litigation no less than for the correctness of his decisions and the impartiality of his judgment. On the occasion of his retirement from the office, resolutions com- mending him for the service he had rendered the town and his fellow-citizens were passed by a unanimous vote.

Mr. Allen was appointed postmaster under President Harrison, in 1841, and held the office until removed by President Tyler, in 1844. He was again appointed to the same office by President Taylor, in 1849, and held the

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office for four years, discharging its duties to the entire satisfaction of all parties.

On his coming to Malone he established his religious connections with St. Mark's parish, then in its infancy, and was then elected one of the wardens of the church, and has been successively elected to the same position every year since that time. He was an earnest and devoted church- man, and to his efforts, in connection with other early foun- ders of the parish, are due much of the prosperity and life which the society" enjoys to-day. His Christian life, in which profession and practice shone with equal splendor, presents to those who survive him an example worthy of all emulation. As he was a consistent member of the Church militant, so we have every reason to believe he is now a living member of the Church triumphant.

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History of Clinton and Franklin Counties, New York : with illustrations and biographical sketches of its prominent men and pioneers, Part 105

Author: Hurd, D. Hamilton (Duane Hamilton) 1n; Lewis, J.W., & Co., Philadelphia Publication date: 1880 Publisher: Philadelphia : J. W. Lewis & co. Number of Pages: 922

Author: Hurd, D. Hamilton (Duane Hamilton) 1n; Lewis, J.W., & Co., Philadelphia
Publication date: 1880
Publisher: Philadelphia : J. W. Lewis & co.
Number of Pages: 922