USA > New York > Oneida County > History of Oneida County, New York : from 1700 to the present time, Volume I > Part 31
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partner Frederick G. Fincke. On November 1, 1887, the firm became Miller, Fincke & Brandegee. In 1892 Mr. Miller retired from the firm, and virtually from active practice. From that time on until his death he gave attention to his own affairs and to the advising of large corporations in and about Utica. He was trustee and vice president of the Utica Savings bank, general counsel for the Globe Woolen mills, a director of the Utica Steam Cotton mills and the Willowvale Bleaching company, and was interested in many other of the large business enterprises of Central New York. He was a member of the Fort Schuyler club, but gave little attention to club life or to social affairs outside of his own home. He very seldom took upon himself the trial of cases at the circuit, and never as leading counsel, although he sometimes tried cases at special term and before a referee. His ability, however, was shown in a busi- ness way rather than as a technical lawyer, and he excelled in his grasp of business propositions, and was a very able adviser in all such matters. He married Cynthia J. Brayton, daughter of Harvey Brayton, in 1863. In 1875 after the death of Judge Charles H. Doolittle it was learned from Governor Dix that he would appoint to the position of Supreme Court judge in the fifth judicial district any member of the bar of Oneida county that the Republican lawyers would agree upon. Several meetings of the Republican members of the bar were held for the purpose of agreeing upon a candidate. These meet- ings were held in the office of ex-Judge William J. Bacon, but after repeated efforts no candidate could be selected. The position was offered to Mr. Miller by substantially a unanimous voice of the Republican members of the Utica bar, but he declined, giving as reasons that he distrusted his own ability to fill the position to his own satisfaction, and also that it would be a large financial sacrifice to him. It is perhaps enough to say in regard to Mr. Miller's capacity and standing at the bar that he would have been almost the unanimous choice of the Republican members of the bar in the county for justice of the Supreme Court, had he been disposed to accept the position.
JONAS PLATT was born at Poughkeepsie, N. Y., June 30, 1769, studied law in New York, and was admitted to the bar in 1790. The following year he settled in Whitesboro, and in 1791 was appointed clerk of Herkimer county, which position he held to the organization of Oneida county, and then became the first clerk of Oneida county. In 1796 he was elected to the assembly, and in 1799 he was elected a representative in Congress. From 1810 to 1813 he was state senator, and in 1810 was the Federal party's candidate for governor, but was defeated by Daniel D. Tompkins. In the senate he and DeWitt C. Clinton were instrumental in procuring the necessary legislation which established the Erie Canal. Mr. Platt was afterwards appointed one of the judges of the Supreme Court, and was legislated out of office by the constitution of 1821. This constitution was framed by a convention of which Mr. Platt was a mem- ber. He returned to the practice of his profession in Utica, and eventually went to New York, where he held a prominent place at the bar. On February 22, 1834, he died at Peru, Clinton county, New York.
DANIEL C. POMEROY was born in Franklin, Delaware county, N. Y., April 1, 1813. He commenced life as a stage driver, and accumulated some means
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with which to educate himself and to prepare himself for his profession. He studied law with a Mr. Gorham at Burlington, Otsego county; was admitted to the bar in 1843, and practiced law for a time at Edmeston, Otsego county. In 1883 he came to Rome and became a partner of John R. Elwood. After the dissolution of this partnership he formed another with Henry O. Southworth under the firm name of Pomeroy & Southworth. This partnership continued for sixteen years, and it enjoyed one of the best general law practices of any firm in Oneida county. The name of Pomeroy & Southworth for many years appeared upon the court calendars in more cases than the name of any other firm in the county. Mr. Pomeroy was a trial lawyer, and upon questions of fact he was one of the strongest men in the county. In 1876 he moved from Rome to Utica, and was a partner with his son for about one year, but his health was shattered and he virtually retired from business in 1877, and died October 13, 1878. -
CYRUS D. PRESCOTT was born August 14, 1836, in New Hartford, N. Y. He received his education in that town and in the Utica Free academy, and studied law in the office of O. G. Kellogg of New Hartford and Hurd & Brown; of Utica. He was two years employed in the Oneida county clerk's office, after- ward in the office of Johnson & Boardman of Rome. He was admitted to the bar in 1859, and became a partner with Mr. Green, under the name of Green & Prescott. In 1867 he entered the employ of a mercantile house in New York as financial clerk, but returned to Rome in 1868 and formed a partnership with D. M. K. Johnson, which firm existed until the death of Mr. Johnson in 1886. For some years thereafter he did business alone, then with Mr. Titus until 1895, when Mr. Titus removed from Rome to Utica, and Mr. Prescott took his son into partnership with him. In 1867 he married Eliza F. Cady of Madison county.
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JOHN SAVAGE was born at Salem, Washington county, N. Y., February 22, 1779. He graduated from Union College in 1799, was admitted to the bar, and commenced the practice of his profession in Washington county. Soon after he was appointed district attorney for the northern district of New York. This position he resigned on account of ill health, but was re-appointed afterward. In 1812 he was elected to the assembly, and later served two terms in Congress, 1814-18. He was then appointed comptroller of the state, and occupied that position until 1822, when he was appointed chief justice of the Supreme Court. This office he held from 1823 to 1836. He resigned this position and practiced law for a short time at Utica, and also filled the position of clerk of the Supreme Court. He had returned to Utica after an absence at his old home in Salem. He died at Utica October 19, 1863.
JOHN F. SEYMOUR. One of the most attractive men who has ever appeared at our bar was John F. Seymour. He was born at Pompey Hill, Onondaga county, N. Y., September 21, 1814; was the son of Henry, and a brother of ex-Governor Horatio Seymour. In 1820 his father removed to Utica, and the young man attended a private school in that city until he was prepared for
JAMES S. SHERMAN Vice President of the United States
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college. He entered Yale College in the class of 1835, and graduated with his class. After this he became a law student with Judge William J. Bacon, and was admitted to the bar in 1839. During the same year he was married to Frances Tappan of New Haven. He spent some time in connection with busi- ness enterprises. At one time he was interested with Erastus Corning in the Sault St. Marie Ship Canal, was a director of the New York Central Railroad company, president of the Fox & Wisconsin Improvement company, which had for its object the connecting of the great lakes with the Mississippi River. This company also did the work of connecting the waters of Green Bay, Lake Michi- gan with Lake Winnebago. In 1862 he became private secretary to his brother, who was then governor of the state. He received the appointment as state agent for the care of wounded soldiers during the war, and served until 1865. He was present at some of the great battles, and was instrumental in alleviating the sufferings of soldiers on these memorable occasions. In 1860 Mr. Seymour's wife died, and in 1865 he married Helen L. Ledyard, who died in 1880. In 1881 he was appointed one of the tax commissioners of the state, and in 1883 one of the commissioners to inquire into the condition of the Onondaga Indians. Mr. Seymour was one of the charity commissioners of Utica from 1873 to '77, and it was during this time the city hospital was built. Mr. Seymour gave much of his time to this enterprise, and to him is due, more perhaps than to any other man, the advance made in Utica for the care of the sick and indigent, in a building erected for that purpose. He was much interested in the sub- ject of perpetuating historic landmarks, and took active interest in commemo- rating the revolutionary events which occurred in this locality. No one did more than he to carry out the great celebration to commemorate the centennial anniversary of the battle of Oriskany, and it was largely through his endeavor that the splendid monument now stands upon this historic ground. In 1888 his health failed, and he died in Utica on the 22d day of February, 1890. Mr. Seymour's time was so largely taken up with other affairs that he never devoted himself entirely to the practice of his profession. Yet he always enjoyed a fair amount of desirable law business. His cultured mind led him to investigate carefully all cases entrusted to his care, and no one was more conscientious than he in an endeavor to determine the right and to pursue it. For many years he was a partner with George M. Weaver, of Utica, under the firm name of Seymour & Weaver. He was recognized as an able, conscientious and honor- able member of the profession. Would that all who practice at the bar pos- sessed the courtesy, fairness and honesty of purpose possessed by Mr. Seymour. It was always gratifying to claim Mr. Seymour as a friend, and all who knew him can but remember him as an unselfish, genial companion, and a friend of mankind.
JAMES S. SHERMAN was born in Utica October 24, 1850; prepared for college at Whitestown seminary, and graduated from Hamilton College in 1878. He studied law in Utica in the office of Beardsley, Cookinham & Burdick; was ad- mitted to the bar in 1880, and formed a partnership with Henry J. Cookinham and John G. Gibson under the firm name of Cookinham, Gibson & Sherman, but the partnership lasted but one year, Mr. Gibson retiring from the firm, which then became Cookinham & Sherman, afterwards Cookinham, Sherman & Vol. 1-17
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Martin, and later Cookinham, Sherman & Cookinham. He was mayor of Utica in 1884; was elected representative in Congress in 1886, and was continually in Congress from that time until 1908, with the exception of one term, when he was defeated by Henry W. Bentley. In 1908 he was the nominee of the Repub- lican party for vice president of the United States, was elected, and took the office the 4th day of March, 1909. Mr. Sherman has devoted his time to politics and financial affairs rather than the law, and in both he has been eminently successful. On the organization of the Utica Trust & Deposit company he was made president, and has ever since held the position. Had he devoted his time and talents to the practice of his profession he certainly would have been eminently successful.
During Mr. Sherman's service in the house of representatives he has been in the first rank among his fellow members. During the discussion on important bills when party feeling ran high, he was generally called to preside, because of his extraordinary ability as a presiding officer. He was an element to be counted with upon the shaping of the policy of the government and of the party to which he belongs. Since his elevation to the vice presidency he has been, perhaps, the most influential of the vice presidents in party councils. So satis- factorily has he presided over the senate that he has won the admiration, not only of every member of his own party, but of his opponents also.
On January 26, 1881, he was married at East Orange, New Jersey, to Miss Carrie Babcock, daughter of Lewis H. Babcock, a prominent lawyer of Utica. They have three children, Sherrill B., born in 1883; Richard U., born in 1884; and Thomas N., born in 1886. Mr. Sherman is a member of a large number of social clubs, among which are the Union League, the Republican and the Trans- portation clubs of New York city, many of the golf clubs, and he is also a trustee of Hamilton College and many other societies and corporations.
JOSHUA A. SPENCER, perhaps the foremost advocate who ever lived in the United States, was born at Great Barrington, Massachusetts, May 13, 1790; removed to Lenox, Madison county, and from there to Utica. Justice Ward Hunt said of him, "He is like Saul among his brethren; head and shoulders above us all." He started life as a clerk in a country store. He enlisted in the war of 1812, and remained at Sackett's harbor until his term of enlistment had expired. Upon his admission to the bar he commenced practicing law in Madison county. In 1829 he formed a partnership with William H. Maynard and removed to Utica. William H. Seward once said to the son of Mr. Spencer -"Your father is as tall as a giant, has the eye of a hawk, a voice like a lion, and he seizes hold upon the witness and tears him in pieces." In 1841 he was appointed United States district attorney for the northern district of New York. The next year he was elected state senator. In 1848 he was elected mayor of Utica, and about this time he said to his son on returning from a circuit, "I have now tried cases in every county in the state." Mr. Spencer was selected to defend Alexander McLeod in his famous trial at Utica. The case was too easy for the defense to bring out Spencer's best powers, for he was always great- est in a hard case. As an illustration of the interest taken in England in this trial of MeLeod, it will be remembered that parliament voted twenty thousand
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pounds for his defense. No other lawyer ever lived in central New York who had so great an influence as Mr. Spencer. It was said of him that when he entered the courtroom all business was suspended and all eyes were fixed upon him until he had taken his seat. Judge Bacon says of him: "We shall not soon, if ever, see his equal before that tribunal which . . . it is said it is the object of all government to secure, 'twelve honest men in the jury box.'" He died at Utica April 25, 1857.
HORATIO SEYMOUR was born at Pompey, Onondaga county, N. Y., May 21, 1810. Soon after his father removed to Utica, where young Seymour attended school until he entered what is now Hobart College. He remained in this in- stitution only two years. He then studied law in Utica with Greene C. Bronson and Samuel Beardsley, and was admitted to the bar in 1832. He did not devote himself to the practice of the law, but very soon became prominent in Democratic politics. In 1841 he was elected to the assembly. He was elected mayor of Utica in 1842, and in 1843-44 he was again elected to the assembly, and was speaker during his last year's service. In 1850 he was the candidate of his party for governor, but was defeated. He was renominated in 1852 and elected. He was offered the nomination for governor in 1854, but declined. He was again elected Governor in 1862, and was the candidate of his party in 1864, but failed of election. In 1868 he was the Democratic candidate for president of the United States, but was defeated by General Grant. Governor Seymour was very highly esteemed, and although personally extremely popular, as a candidate for public office he never succeeded in getting the full support of his own party in the community in which he resided. He died February 12, 1886. It was as a politician and not as a lawyer that he won celebrity.
JOHN THOMAS SPRIGGS was born in Northamptonshire, England, May 5, 1820. He came to this country with his father in 1836, and settled in Whitesboro. The young man desired a college course, and he prepared for and entered Hamilton College, where he remained for two years. He then left, and for a time studied law at Holland Patent, but he decided to complete his college course, and went to Union, and graduated with the class of 1848. He then studied law in Utica, and after being admitted formed a partnership with Thomas Flandrau. At that time Rome was relatively much more important in the county than Utica, and Mr. Spriggs decided to remove. to that town, which he did and formed a partnership with Thomas G. Frost. This business arrangement lasted until 1859, when the partnership was dissolved, and Mr. Spriggs returned to Utica. In 1862 he formed a partnership with Richard MeIncrow, and this partnership continued until 1870, when it was dissolved, and Mr. Spriggs took as a partner E. D. Matthews. This partnership lasted for several years, but as the son of Mr. Spriggs had become a lawyer the partnership was dissolved, and a new firm formed of J. T. and F. B. Spriggs; this firm continued down to the death of Mr. Spriggs, which occurred in Utica December 23, 1888. Mr. Spriggs, aside from his law practice, gave a good deal of attention to politics, and was from the time he commenced active business life a potent factor in the Demo- cratic party of Oneida county. He was appointed district attorney in 1853
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to fill a vacancy. In 1854 he was elected county treasurer, and in 1868 he was elected mayor of Utica, and in the same year he was the Democratic candidate for representative in Congress, but was defeated by Alexander H. Bailey of Rome. In 1878 he was the Democratic candidate for representative in Con- gress, and he was again defeated by Cyrus D. Prescott of Rome. In 1882 he was again a candidate by the same party for the same position, and was elected over Samuel H. Fox, a glass manufacturer of Durhamville, N. Y. This election of Mr. Spriggs was owing to a division in the Republican party into the fac- tions known as the "Stalwarts" and "Half Breeds." The division arose in consequence of the opposition of Roscoe Conkling, then a United States senator, to President Garfield, over the desire on Conkling's part to control the Federal patronage in the state of New York. In 1884 Mr. Spriggs was again renomi- nated for the same position, and was elected over Henry J. Cookinham by reason of a split in the Republican party. James G. Blaine had been nominated for the presidency, and was opposed by Roscoe Conkling because of an old quarrel between them. Oneida county was Mr. Conkling's residence; the congressional district consisted of Oneida and Lewis counties at this time. Grover Cleveland was the candidate of the Democratic party for the presidency, and the friends of Mr. Conkling in Oneida county supported the Democratic ticket in that county. This resulted in Mr. Cleveland receiving a majority in Oneida county, whereas it should have given a Republican majority of from two to three thou- sand and Mr. Spriggs was supported by the same persons who supported Mr. Cleveland. In 1886 Mr. Spriggs was again the candidate for representative in Congress, but was defeated by James S. Sherman. Mr. Spriggs, although promi- nent in Democratic politics, never was what could be termed a leader. He was a manipulator of caucuses and conventions, possessed a good deal of shrewdness, but in his political discussions and speeches he never entered into argument of principles to any extent. Although he manifested shrewdness and ability in the trial of cases, yet he at times resorted to methods, in order to win verdicts, that would not be approved in a court of ethics.
ALVIN STEWART was born at South Granville, Washington county, N. Y., September 1, 1790. After his graduation from Vermont University he went to Canada, and taught school there for a time. Mr. Stewart was in his early life what might be called a "rover," going from place to place, teaching school or doing anything to obtain a livelihood, but finally he settled down to the practice of law. He was in Canada at the time of the breaking out of the war in 1812, and, as he could not remain there, came back to the states and found himself at Middleboro, N. Y., where he was arrested as a spy. At the time a regiment of soldiers was located there, and Stewart thought his arrest a joke played on him by the soldiers; he, however, soon ascertained that it was a very serious matter. A drumhead court martial was convened to try him, and it was a very solemn court until Stewart was permitted to speak for himself. He said after- wards that he would give almost anything he had if he could reproduce the speech that he made to this court. He remembered beginning in the following manner : "I think myself happy, O president of this court martial, because I shall an- swer for myself this day before thee, touching all things whereof I am accused
HORATIO SEYMOUR
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of these soldiers." He then proceeded to speak for an hour or more, and so amused the court that it broke up in hilarious manner, and the result was not only his acquittal, but he was the hero of the occasion. He finally settled in Utica, and at once took front rank at the bar. He was not only a great lawyer, but a great orator. His sense of humor was remarkable, and he used it to the very best advantage. He was an intense anti-slavery man, and his services were demanded wherever a legal question arose touching the subject. Perhaps the greatest legal argument he ever made was before the Supreme Court of New Jersey in the case of the State against John A. Post. In this case the constitu- tionality of an act of the state of New Jersey touching slavery was involved. Luther R. Marsh, speaking of the humor of Mr. Stewart, says: "I have seen the Supreme Court room, with Nelson, Bronson & Cowen on the bench, in an uproar at his manner of reading a dry affidavit, and the judges themselves un- able to maintain their gravity." In the great excitement over the slavery ques- tion in Utica, Stewart was foremost in the advocacy of human rights. He presided at the Anti-Slavery convention that was held October, 21, 1835, and which was broken up by mob violence led on by some of the foremost citizens, because men dared to speak in favor of human freedom. The delegates to the convention were obliged to flee the town, Mr. Stewart's house was barricaded and armed men protected it from the mob. The services which he rendered to the cause of freedom cannot be well overestimated. He died May 1, 1849.
HENRY R. STORRS was born at Middletown, Connecticut, September 3, 1787. He graduated from Yale College in 1804, and was admitted to the bar in 1807. He practiced law first in Champion, afterwards at Whitesboro, and later at Utica, N. Y. He was judge of the court of common pleas for five years, and one year was chief judge. He was elected a representative in Congress in 1819, and also served in the same capacity from 1823 to 1831. During his entire congressional career he ranked with the ablest men in either house of Congress. He was one of the best debaters in the house of representatives, and was classed among the foremost lawyers in the country. On the expiration of his last term in Congress he removed from Utica to New York, and practiced law in that city, where he occupied a very prominent place at the bar. He died July 29, 1873, at New Haven, Connecticut.
SAMUEL A. TALCOTT was born at Hartford, Connecticut, December 31, 1789. He graduated from Williams College in 1809, at the age of nineteen, and studied law with Thomas R. Gold of Whitesboro, this county. After his admission to the bar he removed to Lowville, N. Y., and in 1816 he removed to Utica, and from there to New Hartford. In February, 1821, he was appointed attorney general. After the expiration of his term as attorney general he removed to New York city, where he practiced law until his death in 1836. Mr. Talcott was, unquestionably, one of the greatest lawyers who has ever lived in this country. Chief justice Marshall said of him: "His argument before the Supreme Court of the United States in the Sailors Snug Harbor case has not been equalled in that court since the days of William Pinckney."
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DANIEL E. WAGER was born in Jefferson county, N. Y., on the 8th day of June, 1823. He was educated in the common schools and Jefferson county institute at Watertown. He then read law with Joshua Moore at Watertown, and afterwards with William and Charles Tracy at Utica, and later still in the office of Comstock & Beach in Rome. He was admitted to the bar in 1850, and formed a partnership with H. T. Utley at Rome. This firm existed for some years, when Mr. Utley removed to Waterville. In 1852 he was elected special county judge on the Democratic ticket. In 1854 he was one of the editors of the Rome Sentinel, and in 1855 became one of its proprietors. In 1857 Mr. Wager was made postmaster of Rome, and held the office for four years. In 1860 he returned to the practice of his profession. In 1872 he became a partner with Mr. Beach and Bailey. Later Mr. Wager was a partner with Mr. Beach alone, and this firm existed down to the death of Mr. Beach. Mr. Wager was elected special county judge in 1880. He was in every sense an estimable lawyer, with a thorough knowledge of the fundamental principles of law; with good judgement and honesty of purpose he devoted himself to the practice of his profession. He was modest and retiring, and therefore did not attain such public position as his talents and acquirements entitled him to, but he performed the duties entrusted to him with such ability and devotion to the ends of justice that all who knew him had the utmost confidence, both in his ability and in his judgement. He gave much attention to matters of local history, and was one of the best informed men in the county pertaining to the history of men and institutions in and about the county of Oneida. His name will ever be held in high esteem among the bar of this county. He edited a history of Oneida county, and also a history of Rome.
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