USA > New York > Columbia County > History of Columbia County, New York. With illustrations and biographical sketches of some of its prominent men and pioneers > Part 15
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The constitution of 1846 provided for the following courts : a court of impeachments, to take the place of the former tribunal of that nature, and composed of the presi- dent of the Senate, the senators, and judges of the court of appeals, or a majority of them. A court of appeals, organ- ized at first with eight judges, four chosen by the people for eight-year terms, and four selected from the class of justices of the Supreme Court having the shortest time to serve. By the article in relation to the judiciary, framed by the convention of 1867-68, and adopted by the people Novem- ber, 1869, the court of appeals was reorganized. In ac- cordance with the provisions of this article, the court is now composed of a chief judge and six associate judges, " who hold their office for the term of fourteen years, from and including the first day of January after their election." The first election of judges was in the year 1870. This court has full power to correct or reverse the decisions of the Supreme Court, five judges constituting a quorum, four of whom must concur to pronounce a judgment. In case of non-concurrence, two rehearings may be had, and if the non-concurrence still obtains, the judgment of the court be- low stands affirmed. The clerk of the court is appointed by the court, and holds his office during its pleasure.
The Supreme Court, as it existed in 1846, was abolished, and a new one established, having general jurisdiction in law and equity. The State is divided into eight judicial districts, in each of which four justices are elected, except the first (comprising the city of New York), where there are five. The term of office, as originally established, was eight years, but the amended judiciary article provided that, on the expiration of the terms of justices then in office, their successors shall be elected for fourteen years. They are so classified that the term of one justice expires every two years. The court possesses the powers and exer- cises the jurisdiction of the preceding Supreme Court, court of chancery, and circuit court, consistent with the constitu- tion of 1846, and the act concerning the judiciary, of May, 1847. The Legislature abolished, April 27, 1870, the gen- eral terms of the court then existing, and divided the State into fonr departments, and provided for general terms to be held in each of them. The governor designates a presid- ing justice and two associate justices for each department, the former holding his office during his official term, and the latter for five years, if their terms do not sooner expire. Two terms at least of the circuit conrt and court of oyer and terminer are held annually in each county, and as many special terms as the justices in each judicial department may deem proper. A convention, composed of the general term
justices, the chief judges of the superior courts of cities, the chief judge of the court of common pleas of New York city, and of the city court of Brooklyn, appoint the times and places of holding the terms of the Supreme and cirenit courts, and the oyer and terminer, which appoint- ment continnes for two years. The county clerks and clerks of the court of appeals are clerks of the Supreme Court.
THE COUNTY COURTS.
The constitution of 1846 provided for the election in each of the counties of the State, except the city and county of New York, of one county judge, who should hold the county court, and should have such jurisdiction in cases arising in justices' courts and in special cases as the Legis- lature might provide; but should have no original civil jurisdiction, except in such special cases. The Legislature, in pursuance of these provisions, has given the county judge jurisdiction in actions of debt, assumpsit, and cove- nant in sums not exceeding $2000 ; in cases of trespass and personal injury not to exceed $500; and in replevin, $1000. The county court has also equity jurisdiction for the fore- closure of mortgages, the sale of real estate of infants, partition of lands, assignment of dower, satisfaction of judgments, whenever $75 is due on an unsatisfied ex- ecution, and the care and custody of lunatics and habitual drunkards. The new judiciary article (1869) continued this jurisdiction, and gave the courts original jurisdiction in all cases where the defendants reside in the county, and in which the damages claimed shall not exceed $1000. The term of office of the county judge, originally four years, was then extended to six years, upon the election of successors to the incumbents then in office, the new tenure beginning Janu- ary 1, 1871.
COURTS OF SESSIONS.
Two justices of the peace, to be designated by law, were associated with the county judge, by the constitution of 1846, to hold courts of sessions, with such criminal juris- diction as the Legislature sball prescribe.
Special judges are elected in connties to discharge the dnties of county judge when required, by provision of the Legislature, on application of the board of supervisors.
THE MAYOR'S COURT
of the city of Hudson was established with the granting of the charter of the city in 1785, and had the jurisdiction of the courts of common pleas.
THE COURT OF COMMON PLEAS
of Columbia county was first opened at Claverack, Jan. 9, 1787. " The Cryer made proclamation, and the commission for the Court of Common Pleas for the County of Columbia was openly read, also one additional commission for Justice Philip Rockefeller and Justice Bishop." The coroner's commission was " openly read" also in court, after which the crier made proclamation, and the court of common pleas was opened according to law, with the following presence : Peter Van Ness, first jndge ; Peter Silvester, Peter R. Livingston, Henry I. Van Rensselaer, William B. Whiting, judges ; Stephen Hogeboom, Samuel Ten Broeck, assistant justices.
There was no business on the docket ready, and the court
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HISTORY OF COLUMBIA COUNTY, NEW YORK.
adjourned " till 10 o'clock A.M. to-morrow." On January 10 the court opened with the same judges, except Peter R. Livingston, and Isaac Goes appeared in place of Justice Ten Broeck. Jacob Radcliffe was formally admitted as an attorney to practice before the court, being the first so ad- mitted in this court. He was admitted on a license from the Supreme Court.
Christopher Smith, Johannes Henricus, Andries Wyants, Peter Rooh, and George Sipher appeared before the court and pledged their fealty to the sovereign State of New York, " by the grace of God free and independent," taking the oath of allegiance under the act of April 25, 1786, for the natu- ralization of certain persons named therein. The third day the same presence as on the first appeared, and litigation began .. On motion of Mr. Gilbert the court rendered judg- ment in favor of Janet Montgomery,* against Abraham Scott, for £42 and costs. In the case of Jonas Smith vs. John Barnard, on motion of Mr. Van Schaack, it was or- dered by the court that the record on a plea of title before Abraham I. Van Alstine, Esq., be filed. A recognizance in the case of Jonas Smith vs. Michael Brannin was ordered filed. In the case of Robert Van Rensselaer vs. Johannes Vosburgh, Killian K. Van Rensselaer, attorney for the defendant, confessed judgment for £96 and costs, on which final judgment was entered. The fourth day no business was done. On the fifth day, John Bay, as attorney for Daniel Lee, confessed judgment in favor of James Roosevelt for £45 Gs. and costs, and on motion of Van Rensselaer for W. E. Pratt, final judgment was entered on the same. Mr. Van Rensselaer confessed judgment for Hendrick Miller in favor of David Van Ness and Andries Heermance for £20 98. 4d., and Radcliffe, as attorney for the plaintifs, procured final judgment on the cognovit. Marks Platner, by his attorney, Gilbert, obtained an order of final judgment of £23 and costs against Jacobus Besse- mer. On this day the formal admission to practice as attor- neys before the court was entered of record of Killian K. Van Rensselaer, Peter Van Schaack, John C. Wynckoop, Myndert P. Vosburg, Edward Livingston, Elisha Pratt, E. Gilbert, Thomas Smith, Jr., John Johnson, and John Bay, and rules of practice were also adopted, of which the fol- lowing is an abstract :
" Whereas, The Establishment of rules and order for the regulation of the practice of this Court is deemed highly necessary for the regu- lation and speedy advancement of Justice in this County of Columbia, It is therefore ordered by this Court that the following rules and orders be observed by all and every officer and minister thereof, and by all other persous in any wisc concerned thercin.
" Ist. It is ordered by this Court that all processes that shall issue out of this Court be sealed with the seal of this Court {which has the figure of a man inscribed, with a mariner's compass in his hand, intended to represent Columbus, and has the words ' County Columbia' cut round], and signed with the Clerk's name."
The 2d, 3d, and 4th rules related to the time for giving special bail; 5th, bail to be excepted to after the declaration was delivered only " de bene esse." The 6th required a copy of the declaration to be served on the de- fendant's attorney or his clerk in the first vacation after filing, and the 7th allowed a non pros. after the end of
the second termn if no declaration was filed ; 8th, judgment for want of plea could be entered forty days after expira- tion of the rule for one; 9th required an affidavit of merits in the plea of abatement ; 10th and 11th, dilatory pleas and replications to be filed in forty days after the return of writ or filing plea ; 12th provided for a judgment by default or nonsuit if the rules were violated ; 13th re- lated to notices for trial, a defendant over forty miles having fourteen days, and within that distance eight days', notice ; 14th and 15th related to notice of countermand of trial and pleas in ejectment ; IGth provided that no person should be admitted as an attorney of the court but upon examination, and unless they had had a regular education and produced a certificate or other sufficient evidence of good moral character, and had obtained a degree and received a certifi- cate or diploma from some college, and had served a regular clerkship with some attorney of this or the Supreme Court for at least three years; and if they had not received a collegiate education, then the time of service as clerk shall be five years. But an admission into the Supreme Court entitled all persons to a license to practice in this court without an examination. An exception was made in favor of persons already entered as clerks requiring but three years' service under any circumstances. The 17th rule re- quired a copy of the declaration to be served on the defendant's attorney, or no judgment could be had for want of a plea. It also required all rules for judgment to be entered " nisi causa sedente ostenta sit curia," and mo- tions in arrest of judgment must be made at the same term as entered. The 18th and 19th rules related to writs of fi. fa. and ca. sa., taxation of costs, and bail; 20th provided for notice in interlocutory judgments and writs of inquiry ; 21st and 22d related to defendants in enstody ; and 23d re- quired non-resident plaintiffs to give security for costs.
Mr. Van Rensselaer's doeket contained for this term of the court nineteen suits wherein the sheriff's return was " a cepi corpus." Mr. Bay brought twenty-four suits, and appeared for the defense in nine; Radcliffe brought two suits ; Mr. Gilbert brought sixteen suits, and defended four- teen ; Van Schaack had a single client, and Mr. Wynkoop had thirteen who prosecuted and one who defended. Mr. Pratt's docket had seven nonsuits.
At the May term, 1787, Judge Van Ness, Peter Sil- vester, Peter Livingston, Henry I. Van Rensselaer, Stephen Hogebooin, and Isaac Goes were the judges. The first jury-trial was had at this term in the case of Thomas Bightel vs. Hendrick Potts, Mr. Bay appearing for the plaintiff. The jury was composed of William Spier, John Bagley, James Elting, Jobn Vanger, Johannes Kilts, Sam- uel Utley, Jr., James Van Deusen, Seth Toby, Charles Me- Clean, Hendrick Clapper, Robert Hollenbeck, and William Hollenbeck. Eleven witnesses were sworn for the plaintiff and two for the defense. Two constables took charge of the jury when they retired to consider their verdict, which was given through Seth Toby, foreman, in favor of the plaintiff for £18 damages and sixpence costs, and judg- ment was entered on the same. Hezekiah L. Hosmer was admitted as an attorney on a certificate of clerkship of three years' service with Mr. Gilbert, and that Hosmer was of good moral character " as far as hath come to his, said Gil-
# Widow of General Richard Montgomery.
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IHISTORY OF COLUMBIA COUNTY, NEW YORK.
bert's, knowledge." Messrs. Bay, Van Schaack, and Addi- son were the committee who passed on Mr. Hosmer's merits.
Mr. Bay had the second jury-trial, which resulted in a nonsuit. In the case of Peter Van Ness vs. Hugh Chan- dler, the plaintiff being related to the sheriff, Henry I. Van Rensselaer and Aaron Kellogg were appointed elisors to summon the jury. Henry Van Rensselaer brought suit. against the Dutch Reformed church of Claverack, and the matter was referred to James Bryant and William Powers, Esqs., and Thomas A. Hogg, merchant, to report on. Andrew Hunter was appointed guardian of Joshua Green, Simeon Wylie being his surety in the sum of £500.
At the January term, 1788, Ambrose Spencer, Martin Van Buren, and James S. Smith were admitted to the bar on certificates of clerkship. Mr. Van Buren presented the certificate of John C. Wynkoop. They were examined by Messrs. Peter Van Schaack, Edward Livingston, and K. K. Van Rensselaer. Thomas Cooper, Augustine James, and Frederick Prevost, licensed attorneys of the Supreme Court, were also admitted. At the January term, 1789, the first insolvent debtor was discharged from the importunities of his creditors, the same being Nathan Rowley, Sr., who assigned his estate to Oliver Mallery, under the bankrupt act of March 21, 1788. At this term a petition for the seeuring of Peter I. Gardenier's rights in the Kinderhook patent was filed, Mr. Van Buren appearing for the peti- tioner. The Gardenier grant was for a tract fronting thirteen hundred paces on Hudson river, measured from Hendrik de Bruyn's grant north to the south bounds of Rensselaers- wyck, and running back into the woods three English miles. John S. Van Alen, John E. Van Alen, and Lawrence Van Dyck were appointed commissioners to partition the estate.
COURT OF GENERAL SESSIONS.
The first term of this court was begun at Claverack, Jan. 9, 1787, the crier making due proclamation, and the commission for the court being publicly read. The following judges occupied the bench : Mr. Justice Van Ness, Jus- tices Silvester, Livingston, Van Rensselaer, Hogeboom, Goes, Wiesner, Birdsall, Coffin, Spoor, and Van Alen. The sheriff returned the venire of the grand and petit juries, the former being served on the following persons : Jacobus Van Alen, Peter Wynckoop, Abraham Van Beuren, John J. Van Alstyne, John E. Van Alen, Gideon Hubbard, Joel Pratt, Harmon Vosburgh, Evert Vosburgh, John A. Fonda, Marks Platner, Wm. Rockefeller, Abraham Bau- man, Abraham Patterson, Peter Hogeboom, Jr., Jochim Muller, Philip Frysbie, Hosea Beebe, Palmer Cady, Jesse Hollister, all of whom appeared, and were sworn as a grand inquest, the first one named being appointed foreman. Isaac Goes, Jr., and John Van Deusen also appeared, and were excused from service, and Samnel Allen and Wm. Van Ness were summoned, but defaulted.
The grand jury retired for deliberation under charge of Gilbert Turner and John Best, constables, and on the third day of the term presented to the court their first indict- ment, the same being against Jacob Haithaway ; and on the fourth day the jury brought in six more presentments,-one for grand larceny, one for misdemeanor, two for assault and
battery, one for forcible entry, and one for deccit,-and were discharged. The indietment for deeeit was against one John McLean, who, on his arraignment at the bar of the court, pleaded guilty, and was ordered into custody. Sub- sequently the clerk of the court (he being at that time the prosecutor, district attorneys not yet having been provided for) moved the court for the sentence of MeLean, and he was ordered again brought to bar, whereupon the sheriff informed the court that the prisoner had escaped. That officer was allowed until the next term to recover his pris- oner and produce him in court. Five recognizances were taken to the next term, and five like bonds were discharged. The two assault and battery cases were disposed of by pleas of guilty and a fine of ten shillings and costs on each de- fendant, and commitments until the same were paid. At the May sessions the case of misdemeanor was tried, and the defendant convicted and fined five pounds and costs, and committed until the sum was paid. The grand jury at this term found four indictments,-one for riet and assault, one for exorbitance and breach of the Sabbath, one for forgery, and one for assault and battery. The latter was against John B. Schuyler, who moved in propria persona to quash the indictment, making two objections, and being overruled by the court on both points, pleaded guilty, and threw him- self on the mercy of the court. After consulting Ezekiel Gilbert, that attorney took the conduct of the case, and moved the court for leave to withdraw the plea of guilty for precipitaney in pleading, and the haste of the court to overrule the objections interposed when there was good law to show the indictments were bad. The court allowed the motion on condition that the attorney " would pin himself down to the two objections the prisoner himself made on his first motion to quash the indictment," which were, first, that the caption of the indictment recited the "town of Claverack, and the body of it the district" of Claverack ; and. second, that it appeared from the indictment that the assault had been committed in the county of Albany. The court further stipulated that in case the attorney brought no law deemed sufficient by the court to sustain the objections, then the plea of guilty should " remain and stand good." Schuyler was recognized to the next sessions in forty pounds, with Wmn. Cantine as his se- curity in twenty pounds; and finding at that term that eleven judges on the bench were too heavy a match for one defendant and a single attorney, he pleaded guilty, and was fined twenty shillings and costs.
The indictment found against MeLean for deceit was brought on his forgery of a guaranty of Daniel Penfield for the payment for certain goods, to the amount of "five pounds eight shillings and fourpence."
The indictment for exorbitant charging and Sabbath- breaking was found against a constable of Hudson, who charged an excessive fee on an execution against one Cherck Vielee, on which he, the constable, had taken the horses of said Vielee on a Sunday.
An indictment brought from Albany, where it was found in 1782, recites the character of its subjeet in these words : " Being a person of ill-name and fame and dishonest con- versation, and not intending to get his living by truth and honest labor, but compassing and devising how he might
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HISTORY OF COLUMBIA COUNTY, NEW YORK.
unlawfully obtain and get into his possession the monies of the honest subjects of this State for the maintenance of his unthrifty living, did present a certain forged and false tax, or assessment list, for military rates, and drew eight shil- lings thercon fraudulently," etc.
Under the act of April 20, 1787, the general sessions appointed at the September term of that year highway commissioners for the several towns of the county, and at the same term indicted the Claverack bridge, in which the presentment recited "that from the time whereof the mem- ory of man is not to the contrary there was, and yet is, a common and ancient public highway, or road, leading southeast from the Court-house in Claverack to the town of Livingston," etc. In January, 1788, the highway com- missioners of Claverack and Hudson were ordered to take the bridge away before the first day of the next sessions, on pain of contempt. At the May sessions, Thomas Mer- ritt, blacksmith, and Stephen Atwater, gentleman, were recognized to the next oyer and terminer, at which court the blacksmith was fined forty shillings and the " gentle- man" ten shillings for assaults.
Isaac Decker and his surety were respited till the next sessions, in a bastardy case, to await results.
In May, 1789, the sheriff protested against the insecurity of the jail, and it was indicted for insufficiency (?). In January, 1790, William Doran was indicted and pleaded guilty on a charge of horse-stealing, and was sentenced to receive twenty-one lashes on his naked back, to stand com- mitted till the costs were paid, and to leave the country on his release from imprisonment. At the May sessions James Ley was indieted for larceny, pleaded not guilty, was tried and convicted, and sentenced to receive " thirty- nine stripes on his naked back, which was immediately executed." Mr. Van Rensselaer appeared at this sessions as public prosecutor. At the May sessions, 1793, Benoni Hunter was presented under sixteen separate indietments for petit larceny, and one for horse-stealing. His great weakness seemed to be an extreme partiality for mutton, eight indictments being found against him for sheep-stealing. Ile gathered unto himself from his neighbors a complete outfit for an agricultural life, to wit : a heifer, flour, rye, wheat, fowls, and a coulter, and then a saddle and some buckles, to all of which takings he pleaded not guilty, and put himself upon the country for trial. His peers found him truthful in regard to the horse and six of the sheep, but said he was mistaken as to the rest, and found him guilty. For the two sheep he paid fines of " two pound ten each ;" the heifer cost him thirty-nine lashes on his bare back ; the flour, rye, wheat, fowls, and coulter cost him fifty shillings each; and the buckles proved expensive and painful orna- ments, representing thirty-nine stripes. He was also in- dicted for poisoning a colt, and found guilty; but judgment was arrested, because poisoning was not an offense at either common law or under the statute.
Seven recognizances were estreated to the court of ex- chequer in January, 1794. At the November sessions, 1795, Robert Dawson was indicted for forgery, pleaded guilty, and was sentenced to six months in the county jail and to stand one day, between ten o'clock A.M. and one o'clock P.M., in the pillory. At the Jannary sessions,
1798, the first sentence to the penitentiary was pronounced, the prisoner, for grand larceny, being sentenced to the institution for two years, and to remain in the county jail until the prison was finished.
In 1797 the pounds, shillings, and pence of royalty give place to the dollars and cents of democracy.
At the May sessions, 1802, Jacob Rutsen Van Rens- selacr, as attorney for Elizabeth Kells, filed papers of manumission of " Nan," a female slave of said Elizabeth, under the act of April 8, 1801, and the former mistress Was released from any liability for her former slave's future support.
In 1803, Thomas Osterhoudt, a slave, confessed to a crime which the court certified could be properly punished only by transportation out of the State, and sentenced him to be so transported within thirty days by his master, or in default the slave should be imprisoned three years.
In 1805, Nero, a slave, was convicted of petit larceny, and his master allowed a certificate to transport him from the State to a clime where the people were less fastidious as to rights of property, or where black flesh and blood commanded a quid pro quo in the market.
In January, 1806, the jail limits of the new jail in Hudson were laid off, and included an area of 130,660 square feet. The limits included a line from " Stoddard's corner, on Third street, to the east line of Lot 9, between Fifth and Sixth streets ; from Hathaway's corner, on oppo- site side of Warren street, to east line of Lot 7; the court- house lot, jail, and market grounds; the lots of Samuel Stockings, Nathaniel Greene, James Vanderbergh, 'Squire Allen, Christopher Hoxie, Samnel Gamage, Obadiah New- comb, Seth Morton, Daniel Collar, Widow Burke, John Light Body Silvanus, William Whiting, Joshua Toby, Widow Hussey, that was, John Bennetts," and divers crossings connecting streets. The courts were first held in the court-house in Hudson, at the January sessions, 1806.
THE OYER AND TERMINER AND GENERAL JAIL DE- LIVERY OF COLUMBIA COUNTY.
The first term of this court was held at Claverack, and was begun March 25, 1788, with the following presence : Robert Yates, " Chief-Justice of the Supreme Court of Judicature for the State of New York ;" Peter Van Ness, Peter R. Livingston, and Henry I. Van Rensselaer, " Jus- tices of Oyer and Terminer and general gaol delivery for Columbia County." Proclamation was made for silence, and the court was opened, and proclamation was made for " all justices, coroners, and other officers who have any in- quisitions or recognizanees whereby the people are con- cerned" to present them to the court for adjudication. The sheriff returned a venire of grand jurors, who were sworn and charged by the court, and retired to consider of their presentments. On the third day after the term the jury returned three indictments into court for horse-stealing, and the fourth day returned four more,-two for the like offense as the first ones, one for stealing a cow, and one for petit larceny. On the fifth day of the term, John Davis was tried for and convicted of horse-stealing by a jury from Westchester county. Jacobus Krelenbergh was tried by a
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