USA > New York > Livingston County > History of Livingston County, New York, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 43
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While Proctor was at the Auburn Academy, Rev. Samuel H. Cox, D. D., one of the most ac- complished clergymen of his day, was l'rofessor of Sacred Rhetoric and Belles Lettres in the Auburn Theological Seminary. Through the influence of friends, young Proctor was admitted to the Rhetor- ical lectures of Dr. Cox. For over two years he enjoyed this rare advantage with a profit that has always been of great value to him.
In those days the young man, with the view of becoming a lawyer, used to spend much of his leisure time in the office of Hon. William H. Seward, who was then approaching that distinction as a lawyer, orator and politician, which, in after years, rendered his name so illustrious.
Pleased with the industry, mental qualities and genial nature of young Proctor, Mr. Seward en- couraged him in his studies. As Seward himself had been an accomplished classical teacher, he could not avoid taking an interest in the young man's education. Perhaps nothing so tended more clirectly to elicit the mental powers of Proctor than his early acquaintance with this great statesman. He used to see and admire Seward in his contests at the bar, with such men as B. Davis Noxon, Daniel Cady, James R. Lawrence, Freeborn J. Jewett and other giants of the bar.
In the autumn of 1838, young Proctor was sent by his preceptor to Angelica, N. Y., on business for him. It was on this occasion that he made the acquaintance of Martin Grover, an acquaintance that continued until the splendid career of that eminent jurist closed in death. It is well-known that in his early career, and for many years, he dressed so regardless of good taste-we may say of respectability-that he was called the "ragged lawyer." So indifferent was he to his wardrobe, that on his appearance in courts where he was not known he would be taken for a poorly dressed in- truder, but the moment he began to address the court or jury, such was his eloquence that his dress was forgotten in the richness of his mental attain- ments. It is a singular fact that even in those days he was comparatively wealthy. The following ex- tract from Proctor's description of Grover, which has been extensively published in various maga- zines and journals, will give the reader a correct idea of the appearance of this singular man :-
" When I first saw Martin Grover," says Proctor, "he was engaged with his law partner, the late Judge Wm. G. Angel, in the trial of a very
important criminal case. They were on the defense. In the bar, not far from Judge Angel, sat a poorly dressed young man, whom I took for a friend of the accused, interested in the case. It I was surprised at the appearance in the bar, of one so poorly clad, I was pleased with his high expansive forehead and his face ; on which intellect and thought had placed their signets-it was a face over which intellect presided-a study for a painter ; but I did not suppose he was a lawyer, until, to my aston- ishment, he arose to address the jury. I had listened to arguments of the ablest lawyers in the State, but there was something in Graver's man- ner something in the method in which he marshalled his language and his arguments, that made a deep impression on me. His address was de- livered in words of the plainest common sense-free from all rhetorical drapery, and yet tersely eloquent. The best words dropped easily from his lips into the best places with fluency and ease. Fach syllable was nicely adjusted to its proper place, and every sentence was full of force, pointed with logie and abounding in refinement of reason, and set off by graceful satire. At times he was one of the jurors, anxiously endeavoring to harmonize the deep angular lines in the circumstantial evidence in the case. It was a strange combination. It was intellect in its amplitude, eloquence approaching perfection, mind in its triumph. It was Martin Grover in the garb of poverty in one of his most splendid and successful efforts at the bar."
So pleased was young Proctor with this eminent lawyer, that he determined to pursue his legal studies with him for a time at least. Accordingly he soon entered the office of Angel & Grover as a law student. He remained with them a little over one year, and then entered the law office of Hon. 1. L. Endress, at Dansville, with whom he com- pleted his legal studies and under whose instruc- tions he was called to the bar.
In the month of January, 1843, Mr. Proctor was united by marriage to Miss Araminta D. Whitney, a daughter of Wm. Whitney, Esq., of Cortland, N. Y. She is a lady of rare accomplishments, care- fully educated, of agreeable, graceful manners. Of her it may well be said : "All who know her love her."
Two children were born of this marriage,-a son and daughter. The son is Dr. W. C. Proctor of Gowanda, N. Y., successfully established in the practice of his profession. The daughter is the wife of Rev. W. W. Cary of Almont, Mich.
Immediately after his marriage, Mr. Proctor, attracted by his early associations with the Cayuga bar, removed to Port Byron and commenced the practice of his profession. His success was soon assured. He at once began to attract a large and respectable clientage which rapidly increased in numbers and influence. After he had been at Port Byron five years he was attacked by the pre- vailing disease of that region, the ague and fever. So violently did the disease take hold of him that it seemed incurable, and he was advised by his physician, that a permanent cure could only be effected by removing from the infected district. Acting under this advice, in the autumn of 1849, he sold out all his interest in Port Byron, went to Dansville, intending to spend the winter there, and in the spring remove to Chicago and there continue the practice of law.
He had been at Dansville but a few weeks when a wealthy Jew was robbed of watches and fine jewelry, valued at several thousand dollars.
The robbery was committed by the porter at the hotel at which the Jew was a guest. After his arrest the porter confessed his guilt, implicating a young man of the name of Saxbury.
Mr. Proctor, though not then in practice was retained to defend Mr. Saxbury. This retainer changed all Proctor's plans for the future. The People in this highly important and interesting trial
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were represented by Hon. A. A. Hendee, District Attorney, assisted by Hon.' John. A. Van Derlip an eminent member of the Livingston bar. It was one of the most stubbornly contested cases ever tried in the county. After two exciting trials Saxbury was acquitted. This trial and its result brought Mr. Proctor very conspicuously before the public as a lawyer. Other important and profitable retainers followed, and he finally decided to abandon all thoughts of removing to Chicago, and to remain in Dansville.
The records of the courts in Livingston and the adjoining counties bear ample testimony of Mr. Proctor's success as a lawyer. Though not making criminal law a specialty, he has been very success- ful in this department of practice.
Many are the anecdotes that are related con- cerning his career at the bar, one of which is so singularly amusing that we cannot refrain from inserting it as we find it in a number of Harper's Weekly :-
On one occasion, while attending a Circuit Court at Angelica, N. Y., where Judge Grover presided, Proctor was applied to by a young man under an indictment for grand larceny,-to defend him on his approaching trial. He was charged with stealing $250, in bank notes, from a farmer in his neighborhood.
"] am afraid you are guilty," said Proctor, after listening to the story of the accused.
" It's none of your business whether I am guilty or not. I didn't come to talk with you on that subject : besides they say it don't make any differ- ence with you whether a man is guilty or not, that you always contrive to dig him out in some way. So don't talk any more to me about guilt," said the fellow.
"' What about the pay ?" asked the lawyer.
" You just hold on until the trial is over, - until you earn your money, - give K-(the complainant) hell on the cross-examination, and in sum- ming up, go for that cuss of a District Attorney, and you wont have any trouble about your pay."
The trial commenced and proved to be both protracted and interesting. The prosecuting attorney, having no doubt of the man's guilt, made a strong and determined effort to convict him: Ile proved that the money stolen consisted of four fifty, two twenty, and two five dollar bank notes ; all of which was wrapped in a piece of oiled silk.
After hearing the evidence, the arguments of the counsel and the charge of the judge, the jury retired and after an absence of several hours came into court with a verdict of not guilty. The accused greatly elated with the result of the trial and delighted with the efforts of his counsel, invited him into one of the vacant jury room». The moment they were alone, he slapped the lawyer on his shoulder, exclaiming :
"Free as water! ain't 1 ? What's the use of trying a man for stealing, or for anything else when you are around? Now, I suppose you want your pay.
" I don't suppose you've got much to pay with, " was the reply.
" Just lend me your knife and we'll see about that "
The lawyer startled at such a request, rather reluctantly complied.
T'he fellow immediately commenced ripping and cutting away at the waistbands of his pantaloons. Soon producing the identical bills carefully rolled up in the piece of oiled silk described by the witnesses for the peo- ple, and throwing them on the table, said :-
" There, take your pay out that little bundle. 1 guess there is enough there to pay you tolerably well."
" Why, you villain ! You stole that money after all ! Do you expect me to take my pay out of that stolen money ?" said Proctor.
" Stolen money ! Stolen money ! Why, what under heavens are you talking about ? Didn't them twelve honest men up stairs, after hearing the story on both sides and after talking the matter over, say I didn't steal it ? What's the use of your trying to raise a question of conscience after twelve of the best men in Allegany county have given their opinion on the subject. Take your pay, man ; and ask no questions. Lawyers have got to live, and you've been very useful to me. 'So, take your pay, I say. I got the money easy enough, but you have worked like the devil to earn it."
It is not stated how much the lawyer took, but we presume the fellow didn't have much change left after our friend had satisfied his conscience out of " it."
Among the important criminal trials in which Proctor appeared for the defense was the People vs. Joseph Rock, for arson in the Ist degree in set- ting a large building in Dansville on fire in the night time, and therefore, -under the then existing statute,-if convicted, his punishment would be death. He was brought to trial at the October Livingston Circuit, for 1853. Hon. Wm. H. Kel- sey, District Attorney, with Benjamin F. Harwood
associated, appeared for the prosecution. The trial occupied nearly a week eliciting circumstan- ces of the most exciting nature. It resulted in the conviction of Rock, and he was sentenced to be hanged. But Proctor removed the case on a writ of error to the General Term of the Supreme Court and obtained a new trial, reversing the conviction. Af- ter this, under the advice of his counsel, Rock plead guilty to arson in the 2d degree, and was sentenced to State Prison for life, where he ended his days. He was, it is said, a singular man, with a history, fully known only by his counsel-full of interesting and thrilling incidents.
The next year the trial of James Weldon, indicted for arson in the Ist degree, took place at Geneseo. Weldon was an intelligent, well educated mulatto, about thirty years of age. Having taken offense at the late Major J. T. Beach, of Dansville, it is alleged that he sought revenge by burning in the night, a building belonging to Beach, standing near the Exchange Hotel on the east side of Main street, Dansville. Not only was Beach's building burned but the Exchange Hotel and several other buildings were consumed. Seldom has there been a more singular case presented to a jury than this. Kelsey, District Attorney and Mr. Harwood ap- peared for the People, and Mr. Proctor for the de- fense. It is said that his effort in behalf of Wel- don would have done honor to any lawyer however eminent. But his client was convicted, and sen- tenced to die.
An anecdote is related with this case, which is worthy of repetition here :-
Some time after the trial Proctor called on Weldon-informed him that, as the crime of which he had been convicted was very aggravated, there was no hope for him and he must prepare to die.
"I have done all I can for you, Weldon. Now let me send you a min- ister of the gospel who will aid you in seeking forgiveness of the great Judge above us. "
" Do you think, Mr. Proctor, that there is no hope for me?" asked the prisoner in a voice that indicated his intense mental agony. "No hope ! not the least, Mr. Proctor ? Don't say that there is no hope, don't !"" he continued.
" I must say so, Weldon, for there is no hope at all for you," said Proctor.
" Oh! My God! My good God! Oh, God ! Mr. Proctor," ex- claimed Weldon, between a shriek and a howl. "Oh ! Lord! Oh ! Lord I can never Jive through that hanging, if I try !"
This was too much for the lawyer, and notwithstanding the solemnity of the occasion, he could not control his laughter. Two weeks before the time appointed for Weldon's execution, Proctor applied to Hon. Horatio Seymour, then Governor of the State, for a commutation of the death sentence to imprisonment for life. In the course of Proctor's argument to the Governor he stated the circumstance that Weldon desired a connu- tation for the reason that he did not believe he should ""live through the hanging." The Governor was greatly amused at the anecdote, and at the conclusion of the argument said, "I will take the papers in the case and consider them carefully as I shall the arguments of to-day. Perhaps,"* he continued facetiously, "if the Executive of this State becomes fully sat- isfied that the man cannot live through the hanging, it will be his duty to interfere with a commutation."
Whether it was this fear or some other reason that induced the Gov- ernor to commute the sentence we cannot say. Certain it is, that the sentence was changed to imprisonment in the State Prison for life.
Some time after this, William Sutton was placed at the bar to undergo a trial for his life for setting fire-in the night time-to a building standing op- posite the ware-house of J. E. Titsworth, in Dans- ville. The circumstances of the case were most atrocious. So thoroughly was the public prosecutor of the county convinced of Sutton's guilt, that he made a most powerful effort to convict him. Mr. Proctor, the prisoner's counsel made an obstinate, ingenuous, and able defense, which resulted in Sut- ton's acquittal.
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But the cases that most thoroughly tested the ability of Mr. Proctor, were those of the People against Covert, and of the People against; Mrs. Mary MI. Hess ; in both of which he was successful. In the first case, Mr. Proetor was assisted by Hon. Scott Lord. The People were represented by Hon. Daniel S. Dickinson-then Attorney-General of the State,-assisted by Hon. J. A. Van Derlip. Co. vert had been indieted for the murder of his young and interesting wife by administering arsenic to her. Such was the suffering of the victim that if Covert did give her the arsenic, he was a monster in hu- man form. He was twice tried. On the first trial the jury disagreed, standing ten for conviction and two for a verdict of not guilty. On the second trial he was acquitted, much to the disgust of the people, especially the residents of Dansville, who almost unanimously believed him guilty. It was said of Proctor that he went into the defense of Covert with the determination to succeed, even at the ex- pense of an unscrupulous defense. There are many persons in Dansville who will never forgive him for turning Covert free upon the community.
Mrs. Hess was indieted for shooting and instantly killing W'm. H. Lewis, of Wayland, N. Y., and for mortally wounding with a pistol, one of her broth- ers. Mr. Proctor as her counsel interposed the defense of insanity and after an exciting trial suc- ceeded. This trial took place in March, 1871.
Another absorbing capital case in which Proctor was engaged for the defense was that of Joseph Messner. In this case he was associated with Hon. H. O. Chesebro, of Canandaigua, and Geo. E. Ripsom, of Rochester. Messrs. Proctor and Chesebro were retained to defend on December 8, 1860. Messner had then been tried, convicted and sentenced to be hanged at a Court of Oyer and Terminer held at Rochester in May, 1869. Mr. Ripsom had appealed the case to the General Term of the Supreme Court for a new trial, which had been denied. He had applied to the Governor for a commutation of the sentence; but this was re- fused. What was still more embarrassing there were but two days before the execution was to take place. The only hope for Messner now, was the removal of his case to the Court of Appeals. Was there time for this? and wouldl a Judge of that Court order a stay of the execution pending the proceedings in that Court? It would take one day to prepare the papers, and there was no Judge nearer than Judge Hunt, at Utica, and Judge Grover, at Angelica. It was decided to make the application to Judge Grover, at Angelica. Notice was accordingly given to the District Attorney that the application would be made on the roth of December, at 7 o'clock in the evening of that day ; Messner was to be executed on the 11th-the next day. At 11 o'clock of the forenoon of the 10th, the respective counsel left Rochester for An- gelica, which they did not reach until near 10 o'clock in the evening. But the motion was made, and after close arguments on both sides, the writ of error, with a stay of the execution was granted. By the time the writ was prepared it was after
midnight, and the party must travel twenty-five miles overland to reach Canaseraga, from which place they were to take the cars for Rochester via Attica. Unless Canaseraga was reached by 6 o'clock the next morning the writ and stay of exe- cution would be useless; but by almost super- human efforts it was reached just ten minutes be- fore the arrival of the desired train : and by half- past ten the lawyers arrived at Rochester. In the meantime the preparations for Messner's execution were completed. It was after 11 o'clock before the proper copies of the papers were ready to serve on the Sheriff. With these Proctor and Chesebro appeared at the jail a few moments before the pro- cession which was to move to the gallows was formed. They were duly served, and the execu- tion was stayed indefinitely. By this time the ex- citement in the city over the matter had become very absorbing. "The friends of Messner were greatly delighted, and in the evening the lawyers were serenaded at their hotel-the Osborne House.
After the expiration of a year the case was brought to argument before the Court of Appeals, which, in due time, rendered a judgment reversing Messner's conviction and granting him a new trial.
Thus we have given a brief history of the capi- tal cases in which Mr. Proctor was the leading counsel. The cases where the punishment of the accused would be imprisonment in the State's prison for life, and of the important civil cases in which he has been counsel, are too numerous to be given here. His reputation as an eloquent, able and prominent lawyer has been well earned and fairly won as we have seen.
But Mr. Proctor's most distinguished talents are those of a writer, particularly as a biographical writer. Most of the productions of his pen have been confined to the lives of eminent judges and lawyers of America. These are found in several works which have gained for their author an exalted position as a writer. In 1871 he published " The Bench and Bar of New York," a work of 900 pages quarto. This work was so popular that the first edition was soon exhausted, and a revised edition was immediately published, and in 1874 a new or in fact a third edition was published. To use the language of The New York Tribune, " Biographi- cal works when properly written, reveal a man's character and the interior of his life with distinct- ness. The mere historic events are nothing-what we want is the man himself. And it is in this re- spect we find especial reason for admiring Mr. Proctor's work, The Bench and Bar of New York. William L. Marcy, John C. Spencer, Benjamin F. Butler, Martin VanBuren, Silas Wright, James T. Brady, Daniel S. Dickinson, John Young, Martin Grover, John B. Skinner, Luther C. Peck, and many other great lawyers of the past. appear in this work. Each character standing out distinct and plain, so well drawn that the mental portraits which the author presents are entirely true to nature."
The press generally, with one or two exceptions, acknowledged in scholarly reviews, more or less ex- tended, the ability and literary beauty which the
comm. While
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work exhibits. Many of the biographies contained in this work have been republished in Europe. F. Erbinsteim & Co., extensive publishers in Berlin, Germany, have published in German, nearly the whole work. The Life of Brady and of Emmett have been republished in Dublin, Ireland. These are emphatic endorsements of the value of the work, exceedingly creditable to its author. In 1875 Mr. Proctor wrote "The Lives of The Chancellors of the State," which was exceedingly well received by the public. In 1877 he published " The Life and Times of Thomas Addiss Emmett," a work that added largely to the author's reputation.
Mr. Proctor is a highly acceptable contributor to several leading journals and magazines. The remarkable frequency of the republication of these articles in all parts of the nation, is sufficient evi- dence of the ability of their author.
One of his latest contributions to the press is his series of articles entitled "Is Aaron Burr Mis- judged ?" These have found great favor with the reading public. His "Notes of the Bar," pub- lished in the Buffalo Sunday Courier, are very popular, especially with judges and lawyers. The Brooklyn Eagle, speaking of these articles, said "the writer of these sketches of the Bar writes them out of the abundance of his knowledge, with much economy of expression, and severe intellectual taste. His manner of portraying character with unerring truth, and with classical finish, is almost unequalled. This his readers all acknowledge."
Though Mr. Proctor makes no pretension as a speaker, yet he occupies a respectable position among the orators of the day. If he can only have sufficient time to prepare a public address, he is always sure to interest and instruct an audience. Many of his public addresses have attracted marked attention for their strength and their beauty of diction. Among these are the eulogy on Daniel Webster, delivered in Canaseraga Hall, Dansville, Nov. 17th, 1852, and at Bath, Dec. 3d, 1852 ; eulogy on Abraham Lincoln, delivered at Dansville, May 6th, 1865; eulogy on Martin Grover, delivered at Belmont, N. Y., Sept. 8th, 1875; address delivered at Geneseo, Jan. 10th, 1878, on presenting a portrait of Ex-Governor John Young to the Livingston County Historical Society ; and the annual address delivered before the same society, January 14th, 1879. His subject on this occasion was, The Judges and Lawyers of Liv- ingston County and Their Relation to the History of Western New York. This, perhaps, is one of the ablest of Mr. Proctor's productions. This is proved by the fact that large numbers of copies have been sought for by persons in every part of the United States and in Canada. It is a succinct, finely written history of the men of historic renown in Western New York-mental portraits of the men whose learning, influence, activity and enter- prise made that beautiful region-Western New York a great State in and of itself.
In his manners, Mr. Proctor is unassuming, - even retiring. His conversation shows cultivation, refinement and knowledge of man and of the
world. No man more readily acknowledges true merit and real ability wherever found, than he. He is, therefore, generous and liberal in his estimation of all men. With his friends he is genial, open- hearted, abounding in anccdotes and repartec. If need be, however, sarcasm, satire and irony can be called easily and effectually to his aid as has often been exemplified.
He makes no efforts to conceal his faults. In- deed, whatever they are, they lie on the surface of his character rendering him easily assailable by his enemies. He is positive in his positions, plain and out-spoken in regard to them, and bold and fearless in maintaining them. In politics Mr. Proctor has always been a Republican. Though a man of un- doubted influence in his party, having strongly aided it with his pen and on the rostrum, he has never held any official position, from the fact that he has never been an aspirant for any office. He has, however, represented his Congressional Dis- trict in two or three National conventions. The severe mental labor to which he subjects himself, removes him from all the appliances by which office seekers gain their point, and from all desire for the ephemeral fame and uncertain remunera- tion of office holders.
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