USA > New York > Oneida County > History of Oneida County, New York : from 1700 to the present time, Volume I > Part 28
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For several years prior to 1875 an effort had been made by the lawyers of the county to induce the legislature to establish a Supreme Court library in Utica, but the effort had not resulted in success. In 1875 Richard U. Sherman was the member of assembly from the first district, and was also a member of the committee of ways and means. In that position he was able to have inserted in the supply bill an appropriation of $2,000 for the purpose of establishing a law library in Oneida county, on condition that the board of supervisors of the county would appropriate a like sum for the same purpose, or that the members of the bar of the county would raise a like sum. The supervisors refused to do anything in that direction, and the required amount was raised by subscription among the lawyers of the county. The Utica law library association was incor- porated December 19, 1876, and is still in existence; it has charge of the purchas- ing of books for the library, which, at the present time, contains between 16,000 and 17,000 volumes. The officers of this association since its organization have been as follows:
COURTHOUSE AT ROME AFTER IT WAS REBUILT
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COURTHOUSE AT ROME BEFORE IT WAS REBUILT
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HISTORY OF ONEIDA COUNTY
PRESIDENTS
Henry J. Cookinham 1876-79
Charles D. Adams 1879-80
William Kernan 1880-83
George M. Weaver 1883-85
E. A. Graham
1885-89
P. C. J. DeAngelis
1889-08
William E. Mackie
1908-11
SECRETARIES
Alfred C. Coxe 1876-79
Smith M. Lindsley 1879-80
P. C. J. DeAngelis 1880-84
John G. Gibson 1884-89
Robert O. Jones 1889-91
Charles A. Talcott 1891-95
Julius A. T. Doolittle 1895-1900
T. Harvey Ferris
1900-06
James H. Merwin 1906-11
On January 26, 1872, a special act of the legislature was passed organizing "The Association of the Bar of Oneida County." The charter members were the leaders of the bar, Horatio Seymour, Roscoe Conkling, Francis Kernan, Charles H. Doolittle, Arthur M. Beardsley and others. A meeting of the char- ter members was held soon after the organization and a constitution was adopted, and, so far as any record shows, that was the last meeting ever held. Why the organization died so untimely a death cannot be ascertained at this time.
The Oneida County Bar Association was organized and called its first meet- ing February 17, 1906. This association has done something to elevate the stand- ard of members of the bar, and each year it has held an annual banquet, at which eminent judges and lawyers have responded to appropriate toasts, and these social gatherings have been most enjoyable to members of the association. The officers from the time of its organization down to 1912 have been as follows:
PRESIDENTS
Milton H. Merwin, from February 17, 1906, to December, 1907.
William Kernan, from December, 1907, to December, 1908.
Smith M. Lindsley, from 1908 to the time of his death which occurred May 17, 1909.
Thomas S. Jones, for the remainder of the term of Mr. Lindsley, and also from December 1909 to 1911.
William K. Harvey has been secretary of the association from its organization to date.
TREASURERS
John S. Baker, from February, 1906, to December, 1909.
Ward J. Cagwin, from December, 1909 to date.
There are 126 members of the association at this time.
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HISTORY OF ONEIDA COUNTY
To give an account of the many interesting and important trials, both civil and criminal, which have occurred within the county, would extend this paper beyond reasonable bounds. A few of these trials would furnish material for a book, and it is difficult to select any of the civil cases that are of such paramount importance above others as to warrant even a short account of them. There have been, however, criminal cases of such character as to be of interest to the public.
The first capital case tried in Oneida county was that of Sylvia Wood. She was indicted for the murder of her husband, was convicted and sentenced to be hanged, but committed suicide the night before the day set for her execution.
The first execution for murder in the county was that of John Tuhi, an Indian, who was convicted of the murder of his cousin, Joseph Tuhi. This execution occurred July 25, 1817.
In 1824, the court of oyer and terminer was held in the building in Utica used for a court house and academy, and the first important criminal trial which took place was that of a boy, Irad Morse. He was indicted for murder, having shot his companion while hunting. Samuel R. Betts, circuit judge, pre- sided, and Samuel Beardsley was district attorney. The boy was convicted, but the sentence was commuted to imprisonment for life.
One of the most, if not the most important criminal trial which ever occurred in the United States was that of Alexander. McLeod. He was indicted for the murder of Amos Durfree, who was killed by a pistol shot December 30, 1837, the night of the burning of the steamer Caroline, and sending her over Niagara Falls. The trial of McLeod took place at Utica in October, 1841. Judge Philo Gridley presided, and Willis Hall, attorney general of the state, assisted John L. Wood, district attorney of Erie county, and Timothy Jenkins, district attor- ney of Oneida county, in prosecuting the criminal. The prisoner was defended by Gardner & Bradley, with Joshua A. Spencer as counsel. McLeod was a British subject, and, after his indictment, the British government demanded his release. Our government, Daniel Webster being then secretary of state, was favorable to granting the request, but William H. Seward, governor of New York, refused to deliver up the prisoner. A serious international controversy arose and war was threatened. The federal government, in reality, took charge of the defense of McLeod, backed by Great Britain, that government having appropriated twenty thousand pounds for his defense. On motion of the de- fendant's counsel the place of trial was changed from Erie to Oneida county. The excitement was intense in this country and in England, for it was believed that if the prisoner was convicted and the state of New York undertook to execute him, war would be declared by England. Mr. Spencer, then the fore- most advocate in the entire country, tried the case with matchless ability, and summed it up with great power. The original manuscript of his minutes, taken upon the trial, are now in the possession of the Oneida historical society at Utica. Judge Gridley, in his charge, called attention to the great importance of the case, and told the jury that if, in their judgment, the evidence warranted a verdict of guilty, to convict the prisoner, though it should "light up the land with the flame of war." McLeod was acquitted, and further international compli- cations in regard to the subject were averted. The writer was informed by
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Richard H. Morehouse, who, at the time, was a clerk in Mr. Spencer's office, that some months after the trial, the British government sent Mr. Spencer for his services in the case ten thousand dollars, which, at that time, was considered a very large counsel fee.
In 1850 a series of fires occurred in Utica, which were believed to be incen- diary. At this time intense rivalry existed between the volunteer fire compan- ies, and each company, in order to demonstrate its superiority, was anxious that there should be frequent fires, and they always occurred when desired. It was generally believed throughout the city that some one connected with the fire department was instrumental in bringing about the desired result. For a long time no discovery could be made of the perpetrators of the offenses. At length the First Presbyterian church, at that time one of the finest churches in the state, was burned. This so aroused the people that an extraordinary effort was made, and the culprits were finally apprehended. The principal offender was one Conkling. It was believed that he was a tool of those higher up in the social scale, and who, after his arrest, fled the country. Conkling was tried, convicted and hung, and another offender was sentenced to state's prison for life.
Passing over the numerous civil and criminal cases which have been had in the county in years gone by, and coming down to the present time, reference is made to a case of unusual character Early one morning in the fall of 1909, two little children were found in a secluded spot in Utica murdered, and a third one seriously wounded. The living child, a girl of about six years of age, had been shot, and had lain on the ground all night. She could give very little in- formation in regard to the crime. For some time afterward no clue could be obtained concerning the prepetrator of the terrible murder. After a few days, however, little by little, the authorities secured bits of evidence, and, putting them together, were convinced that an Italian named Rizzo was the criminal. He was arrested, and, although it was difficult to establish any motive for the crime, he was tried, convicted and electrocuted.
In 1907, it was common report throughout the county that gross frauds had been perpetrated by members of the board of supervisors in dealing with public affairs. It was claimed that false accounts had been lodged against the county, and that certain supervisors had shared in the spoil. The district at- torney made an investigation, and the result was that indictments were found against John W. Potter, Democrat, of Marcy, who had been chairman of the board; Frederick E. Swancott, Republican, of the third ward of Utica, who had also been chairman of the board; Robert McCreary, supervisor from the first ward of Utica; Albert H. Vandawalker, of Camden, who had been clerk of the board; Samuel Jones, sheriff of the county; Leonard Drake, under sheriff. John Collins, merchant of Utica, who had sold furniture which had been paid for by the county, but which furniture had been delivered to the house of Super- visor Potter, was also indicted for fraudulent practice with the board of super- visors, pleaded guilty, and was fined $1,000. Leonard Drake, under-sheriff, was fined and imprisoned; Potter, Swancott and Jones were convicted, and sentenced to state's prison, while McCreary and Vandawalker pleaded guilty and were fined.
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HISTORY OF ONEIDA COUNTY
The story of the county, so far as the trial of law suits is concerned, both civil and criminal, is like that of any other large county in the state, and to record contests of this character, for life, liberty and property, would be the work of a lifetime. The county, however, is rich in material for biographical sketches, and the most difficult task in preparing them is to distinguish between the many worthy men who have honored the county by their eminent services. In selecting the following subjects for life sketches it is not intended to infer that there are no others who are equally worthy, but as a line must be drawn it has been done arbitrarily, and the only excuse is that life sketches of all the prominent lawyers who have lived in the county would extend this chapter beyond the limits prescribed for the work proposed.
WILLIAM J. BACON was born in Williamstown, Massachusetts, February 18, 1803, and graduated from Hamilton College at nineteen years of age. For a year he edited the Utica Daily Gazette, then commenced the study of law in the office of Joseph Kirkland. He was admitted to the bar in 1828, and at this bar, which numbered some of the foremost lawyers in the state, few surpassed him in attractiveness and acquirements. During this same year he married Eliza, daughter of Mr. Kirkland. He was a second time married, after the death of his first wife, to Mrs. Susan S. Gillette. In 1850 he served as member of assembly, and was re-elected the following year. He served in the state legislature with great distinction, and so commended himself to the public and the bar that in 1853 he was elected justice of the Supreme Court, and was re-elected in 1862. As the term of this office at that time was eight years, Judge Bacon served upon the bench for sixteen years. On his retirement a meeting of the bar of the county was held in Utica to express its appreciation of the ability, integrity and fairness which had characterized him in his high office for so long a time. Virtually without opposition in his own party, he was the candidate for representative in Congress in 1876, and served one term in the house of representatives. His standing as a lawyer and as a man was such that the opinion of no one in the central part of the state had greater weight than his. He was a director in many of the most important business enter- prises; was a trustee of Hamilton College, a director and the president of the Savings bank of Utica. He always responded to the call of the public, and did his share in good works for the city, the county, for charitable institutions and the churches in his native city. Judge Bacon, as a lawyer at the bar, was near the front rank. He brought to the office of justice of the Supreme Court a ripe scholarship, broad culture, honest intentions, and, after serving two terms in that high office, he retired from the bench having the respect and con- fidence of the entire judicial district. His opinions in the appellate courts are models of English and, although they lack the strength of some others, none surpass them in elegance of diction and refinement. As a judge and citizen he left an enviable reputation.
BLOOMFIELD J. BEACH was born in Taberg, Lewis county, June 27, 1820. He was educated in the common school, Rome select school, and entered Hamilton College as a sophomore in 1835. He remained there for two years, and then
JOHN C. DAVIS Attorney General
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WILLIAM J. BACON Justice Supreme Court
CHARLES H. DOOLITTLE Justice Supreme Court
HENRY J. COGGESHALL State Senator for seventeen years
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HISTORY OF ONEIDA COUNTY
went to Princeton, from which institution he graduated in 1838. He first took up the profession of civil engineer, and for two years was employed on the Erie canal. In 1840 Mr. Beach studied law in Rome with Calvin B. Gay, and was admitted to the bar in 1843, and was a partner with Mr. Gay until 1846; then he became a partner in the firm of Stryker, Comstock & Beach. The next year Mr. Stryker retired from the firm, and it remained Comstock & Beach until 1855, when Mr. Beach retired, and formed a partnership with the late Alexander H. Bailey under the firm name of Beach & Bailey, and this firm existed until the death of Mr. Bailey in 1874. Then Mr. Beach formed a partnership with Daniel E. Wager, which firm continued up to Mr. Beach's death. In 1847 he was elected to the assembly, and was a prominent member of that body, serv- ing on important committees, and holding a prominent place among his fellow members. Mr. Beach was prominently connected with most of the industries and business institutions of Rome; was trustee of the Savings bank and of the Water Works company ; president of the Central New York institute for deaf mutes; trustee of the Rome Iron Works, Merchants Iron Mills, and the Rome Copper Company ; director of Fort Stanwix National bank and The First Na- tional bank of Rome, and of the Rome & Clinton Railroad. He was president of the village of Rome in 1853-54 and 1863. He married Fannie Whittemore of Nassau, N. Y., and after her death and in 1874 he married Miss C. Elizabeth Bacon of Sing Sing. As a lawyer Mr. Beach ranked very high, as he had a thorough knowledge of the general principles of law. He tried few cases, but no man in the county was better counsel than he upon questions of law and business. He was ever honorable in his relations with men, and stood in the front rank of lawyers in the county for integrity.
SAMUEL BEARDSLEY was born in Hoosick, Rensselaer county, N. Y., Feb- ruary 6, 1790. His parents removed from there to Otsego county. Mr. Beards- ley received a common school education, and for a time was engaged in teach- ing school. He read law with Joshua Hathaway of Rome, N. Y., was admitted to the bar in 1815, and located in Watertown; he removed from there to Rome, and from Rome to Utica. In February, 1821, he was appointed district at- torney of Oneida county, and served four years. In 1823 he was appointed United States attorney for the northern district of New York. In 1830 he was elected to Congress, and was three times re-elected. He was appointed judge of the circuit court in January, 1834, but declined the appointment. In 1836 he was appointed attorney general of the State of New York, and in 1844 he was appointed justice of the Supreme Court, and was made chief judge in 1847. After retiring from the bench he resumed his practice in Utica, and for a time also had an office in New York City. He was one of the foremost judges of the state. He died in Utica May 6, 1860.
ARTHUR M. BEARDSLEY, son of Judge Samuel Beardsley, was born in Rome, June 22, 1822. He prepared for college and entered Hobart, but left in his junior year. He then studied law with his father, was admitted to the bar, but did not commence practice at once. He purchased a half interest in the Utica Observer, at that time a weekly paper, and he and John F. Kittle started a
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HISTORY OF ONEIDA COUNTY
Democratic daily paper under the name of the Utica Observer and Gazette. Soon he was classed as a hard shell in the Democratic ranks, and was a bitter opponent to what was known as the Softs and to the Free Soil Democrats. His writings were vigorous, strong, clear, but occasionally bitter. Mr. Beardsley's tastes were more in the line of his profession than as a newspaper man, and he, therefore, sold his interest, and a new firm, known as Lyon & Grove, assumed control of the Observer, and Mr. Beardsley returned to practice his profession with his illustrious father. After the death of Samuel Beardsley the son practiced his profession alone until 1867, when he admitted as a partner Henry J. Cookin- ham. This partnership continued until 1874, when Francis M. Burdick, who is now a professor in Columbia College, N. Y., was admitted as a partner. In 1880 this firm was dissolved, and the firm of Beardsley, Burdick & Beardsley was formed, the junior member being the son, Samuel A. Beardsley. As a lawyer Mr. Beardsley ranked among the very highest in the county, was an honest and upright man, wrote a powerful brief, and stood very high at the bar. He died November 1, 1905, at Utica.
HENRY W. BENTLEY of Boonville studied law with his father, and com- menced practice at Boonville in the year 1861. He took a prominent place at the bar very soon after his admission, and had as partner at times Leander Fiske and Thomas S. Jones. He was appointed surrogate of Oneida county upon the death of William H. Bright, and was nominated by the Democrats for the same position, but did not succeed at the election. He was nominated for repre- sentative in Congress in 1900 against James S. Sherman, and was elected be- cause of a division in the Republican party over the appointment of postmasters by Mr. Sherman. He was again nominated against Mr. Sherman in 1902, but was defeated. He was a member of the board of commissioners for the erection of a new court house in the city of Utica, and was chairman from the organization of the commission down to the time of his death, which occurred at Boonville, January 27, 1907.
His death was quite a tragedy. A reception had been given the evening before by Thomas R. Proctor to Judge DeAngelis, who had just been elected, and a large reception also occurred at the Fort Schuyler club in Utica. Mr. Bentley attended, was in fine spirits, left the club about midnight, went to Bagg's hotel in company with a friend, remained there all night, and took an early train for Boonville. This was a very cold morning. He walked from the station to his residence, a distance of perhaps half a mile, sat down to the breakfast table, and was almost instantly dead. Mr. Bentley served in many cases as referee and commissioner, and had the reputation of being a man of high character and excellent ability.
GREENE C. BRONSON was born in Simsbury, Connecticut, in November, 1789. He had only a common school education, but by great industry and study he be- came a man of unusual acquirements. For a time he taught school and studied law. He removed to Utica in 1824, was appointed surrogate, and served two years. He was elected to the state assembly, and was appointed attorney gen- eral February 27, 1829. March 5, 1845, he was appointed chief justice of the
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Supreme Court. On the adoption of the new constitution he was made one of the judges of the Court of Appeals. This office he resigned in 1851, and removed to New York City, where he practiced his profession. President Pierce appointed him collector of the port in 1853, but he held the office only a short time. He was nominated for governor in 1854, but was defeated. In December, 1859, Judge Bronson was made corporation counsel for the City of New York, and served until 1863. He died at Saratoga, September 3, 1863. The opinions of Judge Bronson while on the bench were clear, concise and strong, and placed him in the front rank among the judges of the court of last resort in the state.
ALEXANDER COBURN died in Utica, N. Y., November 25, 1894. He was born August 18, 1807, at Woodstock, Wainman county, Conn., on a farm, and lived with his father, who was a farmer, until he was fourteen years of age. He then went to Bradford, Penn., and remained there with an uncle until he was seven- teen years of age. In summer he worked on farms, and taught school in the winter, until he was twenty-five years of age. He then came to New York state and attended the Stockbridge academy at Munnsville. There he prepared for college, and entered Hamilton College in the class of 1833. He left, however, and taught one term at Stockport, Columbia county, and did not graduate until 1837. In the fall of that year he commenced studying law with Joseph Benedict, late of Utica, and who at that time was a lawyer at Sherburne, N. Y. In 1838 Mr. Coburn came to Utica, and was connected with Oliver M. Benedict, who was then practicing law in Utica. He was admitted to the bar in 1840, and for a time was a partner with Mr. Benedict. Afterwards he was a part- ner with the late Samuel B. Garvin, but Mr. Garvin removed to New York, and Mr. Coburn's health was so poor that he was not able to practice law. He was, however, in 1845, made city attorney, and in 1850 he was justice of the peace, and held that office for some time, but in 1854 he resigned in con- sequence of ill health. In 1867 his health had so improved that he was able to practice his profession again, and he entered the office of Senator Roscoe Conk- ling as managing clerk, and remained there until 1870, when he entered the office of Spriggs & Matthews in the same capacity. After a short time he formed a partnership with O. Arthur White, and practiced law under the name of Coburn & White for about a year, when this partnership was dissolved, and he entered the office of Spriggs & Matthews as managing clerk, and held this posi- tion to 1886, when he virtually retired from business. Mr. Coburn was a man of excellent acquirements, and as a lawyer he stood in the front rank for ability, learning and integrity. His almost morbid diffidence prevented his attaining the position in the public mind that he was entitled to, although lawyers who knew him recognized his unusual acquirements. Perhaps no one in the county was consulted privately by other attorneys more than he. He was always ready to advise younger attorneys gratuitously in regard to legal matters, and his opinion was highly valued by all who came in contact with him. During the time he acted as managing clerk for the different attorneys he held a very high place in the office. Although he did not take part in the trial of cases at the circuit, he very frequently argued cases in the general term of the Supreme Court and in the Court of Appeals. He was a fair antagonist, but one to be
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feared, unless the opposing counsel had mastered his case. No law point escaped Mr. Coburn, and his briefs were masterpieces of work. He had a very retentive and accurate memory. He knew the text books, and was ready to turn immedi- ately to controlling cases upon almost any point called in question. I well remember the last time I ever saw him. It was a short time before he died, and after his eyesight had become so impaired that he could not read. He called at my office to ascertain whether or not he had remembered some statute law correctly. He stated what he thought the law was, and asked me to look it up and see whether or not he was correct. It was a pleasant duty to perform for Mr. Coburn, as I had frequently consulted him in his palmy days upon questions of law. When I turned to statutes which he inquired about, I found that he had remembered them absolutely and stated the law correctly. Mr. Coburn married Cordelia L. Wood, daughter of John K. Wood of Madison county in January, 1841. He had no children, and upon his death the family became extinct, at least in this part of the country. Mr. Coburn was, as a man and lawyer, highly respected; he was a modest gentleman of the old school and of character above reproach.
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