USA > New York > Ontario County > History of Ontario county, New York : with illustrations and family sketches of some of the prominent men and families > Part 15
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In 1857 and 1858 the present court-house was erected at the joint expense of the county and the United States government, the latter con- tributing, it is said, about $30,000 of the entire cost of construction, and having an interest in the property to the extent of a large room on the first floor for use as post-office, and room above for the Federal Courts. However, as the county buildings are fully described in another chapter of this volume, no further reference to them is requisite here ; but rather we may turn to the profession which has been so particularly promi- nent in connection with the past and present history of this county.
The legal profession of Ontario county has ever been noted for its strength. On the bench and at the bar of the courts have been men of the highest character and of great moral worth. Among the leading legal minds of the State Ontario county has furnished a liberal propor- tion, many of whom have attained distinction and some eminence. They were, indeed, characterized by strict integrity as well as rare abil- ity ; qualities which have made for them a high standard, not only in the courts, but also in the legislative halls both of the State and the nation.
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PROMINENT MEMBERS OF THE OLD BAR.1
Oliver Phelps was the first judge of Ontario county, but was not a member of the legal profession, nor was he " learned in the law " as attorneys and judges now understand the term. However, he was a man of much prominence, and through his efforts the county was cre- ated. As the first judge of the county he is entitled to at least a passing mention in this chapter.
Vincent Matthews, a lawyer of repute in the early history of the Genesee country, was one of the pioneers of the profession in the region, and enjoyed the distinction of being the only attorney in attendance at the opening of the first term of court in this county. However, he was never a resident of the county, his home being at Newtown (Elmira), but afterward at Rochester, where he died in 1846. He was the co temporary of Judge Howell and Peter B. Porter, who are mentioned in this chapter.
Among the prominent members of the early bar of the county may be mentioned the familiar name of Nathaniel W. Howell, more familiarly known, however, as Judge Howell, a title he honestly earned by his long service upon the Common Pleas bench of the county. Mr. Howell wns born in Orange county, N. Y., January 1, 1770, and came to this county from Elmira in 1796. He was engaged in some of the impor- tant cases tried during the early history of the county, and was con- sidered a leader at the bar, though his manner and bearing were such that he showed to better advantage on the bench than in practice. He became judge in 1819 and served in that capacity thirteen years, then retiring from active professional life to the more congenial pursuits of farming and gardening. His sons, Alexander H. and Thomas M. Howell, likewise entered the legal profession, the latter dying in 1892, and the former quite recently. Judge Howell was admitted to practice in 1794, and for a time lived in Tioga county before coming to Canandaigua. He became the legal adviser of Charles Williamson, agent of the Pulteney Associates, and also was connected in the same capacity with the Holland Land Company. In 1799 Mr. Howell was
1 The data upon which these sketches are based have been drawn from all reliable sources, much being from the published articles written by Dr. Noah T. Clark and contributed to the Ontario County Times.
Matis Howell
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appointed assistant attorney-general for the five Western New York counties, which office he held until 1802. In the Thirteenth Congress he represented this district, succeeding his old legal associate, Peter B. Porter, and being in turn succeeded by him. Judge Howell died in Canandaigua in 1851.
Dudley Saltonstall was a pioneer at the Ontario county bar. He was a highly educated young man, a graduate of Yale, and afterward pursued a course of law study in the school of Judge Reeves, at Litch - field, Conn. In 1795 Mr. Saltonstall was admitted to practice in this county, but later on left the county seat and took up his residence in a Southern State.
General Peter B. Porter was born in Salisbury, Conn., in 1773, and became a resident of Canandaigua in 1795. He was not only one of the strong pioneer lawyers of the county, but during the War of 1812-15 won distinction as commander of the militia in a number of severe battles of that war on the western frontier of New York. As a lawyer he was highly respected, and is credited with having engaged in the first jury trial presented in the courts of this county. After an honorable service of seven years in Canandaigua, General Porter moved to the western part of the State, and died at Niagara Falls in 1844.
Dudley Marvin, who honorably bore the title of general, was one of the most distinguished early members of the Ontario bar, and was also one of the ablest advocates who appeared in the courts of the State, his especial strength being before the trial jury. However, recollections of General Marvin are very meager, and we can only state in a general way that he was the peer and cotemporary of Spencer, Willson, Hub- bell and Sibley. In the Eighteenth, Nineteenth and Twentieth sessions of Congress Mr. Marvin was one of the representatives of the Twenty- sixth District, and after his removal to Chautauqua county, he likewise served in the same capacity in that district.
John Greig, who is still remembered by the older members of the present bar, was in some respects a distinguished lawyer, but was especially noted for his peculiarities of manner and conversation, for he was a Scotchman and seemed to have inherited to a remarkable degree the peculiarities of his people. John Greig was an honorable and straightforward citizen and lawyer, and one who enjoyed the full
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confidence of the people. It is regretted that he left active professional life to assume charge of the Hornby estate and interests, as his continu- ance in practice would have undoubtedly developed legal abilities far beyond the average of his time. Mr. Greig was born in Dumfrieshire, Scotland, in 1779, and settled in Canandaigua in 1800, but of his early life and education we have no data except that he read law with Judge Howell, and began practice in 1804. His old residence on upper Main street is still a conspicuous structure, and one which, with many others, the people of the present day describe with pleasure and pride. Mr. Greig, though not a farmer, was interested deeply in agricultural pur- suits, and perhaps preferred the life of farmer to that of lawyer. He was one of the early presidents of the the county Agricultural Society, and by his efforts did much to promote its prosperity as one of the institutions of the locality. Mr. Greig was for a time associated in law practice with Judge Howell, an exceedingly strong partnership, for as Mr. Howell was inclined to be somewhat severe and possibly harsh in presenting a case, Mr. Greig displayed the opposite and more captivat- ing qualities of affableness and courtesy ; and while at times apparently odd in manner and conversation, Mr. Greig was a man of fine sensi bilities and cultivated tastes, extremely courteous, and a generous entertainer and host. His public service was confined to one term in Congress, he being elected to the vacancy caused by the resignation of Francis Granger. This was in the Twenty seventh Congress. Mr. Greig was also one of the organizers of the old Ontario Bank, and its president at one time. In 1825 he was one of the Regents of the Uni- versity, succeeding De Witt Clinton, and was himself succeeded by William C. Bryant in 1858. Mr. Greig's appointment as vice-chancellor of the Board of Regents dated January 9, 1845. He died in Canan- daigua in 1858.
John C. Spencer was the son of Ambrose Spencer, the latter a lawyer of distinction, a justice of the Supreme Court in 1804 and chief justice in 1819, but not a resident of Ontario county. John C. Spencer was born in Columbia county in 1788, became a resident of Canandaigua in 1809, left the county in 1845, and died in Albany in 1855. At the age of twenty one Mr. Spencer became a member of the legal bar, and although neither the brilliant orator nor charming advocate, he was
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nevertheless a leading lawyer of his time, and one whose understand- ing of the law was almost marvelous. He was highly educated and had the highest respect for men of scholarly attainments. Moreover, he was deeply interested in all matters pertaining to education. As a lawyer in general practice Mr. Spencer acquired an enviable reputation, and was associated in the trial of some of the most impor- tant cases in this region. In fact, without detracting from the standing of his professional associates, it may be truthfully said that Mr. Spencer was undoubtedly the' ablest lawyer of the county during his palmy days. Naturally a man of his mark could not well avoid being drawn somewhat into political life, and we find him in June, 1818, the district attorney of Ontario county ; in 1820 he was elected to the Assembly, and served several terms in that body. From 1825 to 1828 he was in the State Senate. In 1827 he was appointed one of revisers of the laws of the State, and on the 4th of February, 1839, was appointed secretary of state by Governor William H. Seward. Still later, on October 12, 1841, he was appointed secretary of war under the admin- istration of President Tyler, and on March 3, 1843, was transferred to the cabinet office of secretary of the treasury. Mr. Spencer died in Albany in 1855.
Micah Brooks was a native of Connecticut, and a pioneer of East Bloomfield, this county, where he settled in 1799. For several years he was one of the associate judges of Common Pleas; a member of the Constitutional Convention of 1821, and member of Assembly dur- ing the legislative session of 1808-9. He finally left this county and resided in Livingston county.
Myron Holley was for a time a resident lawyer of Canandaigua and held the office of county clerk in 1811. Later on he moved to Lyons, in Wayne county. He was made canal commissioner in 1816. In this year also he was one of the Ontario county assemblymen, and again in 1820-21.
Gideon Granger was also a distinguished member of the early bar of the county, but earned many of his honors before coming to Canandai- gua. He was born in Suffield, Conn., in 1767, and was educated and entered professional life in his native State. From 1801 to 1809, dur- ing the administration of Thomas Jefferson, Mr. Granger was post-
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master general, and continued some time in the same capacity under President Madison. In 1816, after retiring from public service, he be- came a resident of Canandaigua, the chief object of his coming to this locality being to assume charge of certain interests which the State of Connecticut then had in lands in Western New York. Although not actively identified with professional life in this county, Mr. Granger is nevertheless worthy of mention in this chapter. He died in Canandai- gua, December 31, 1822.
The name of Timothy Burt is recalled among the earliest lawyers of the county seat, and although remembered as standing well in the profession, does not appear to have been prominently connected with political life at that time. However, he was town clerk of Canandaigua in 1799, and supervisor of the same town in 1806 and 1807.
Jared Willson was one of the leaders of the local bar, the partner of John C. Spencer, and the cotemporary of Mark H. Sibley, Walter Hubbell and Francis Granger. Mr. Willson was born in Massachusetts in 1786, and became a resident of Canandaigua in 1811, immediately after his graduation from the University of Vermont. He read law in the office of John C. Spencer and after being admitted to practice became partner with him. He is not remembered as having been a brilliant orator, but he possessed a remarkable knowledge of the law and hence soon became recognized as one of the leading lawyers of the county. During the early part of his professional career, Mr. Willson was one of the leading Democrats of Western New York, but in 1848 the attitude of his party on certain questions so disgusted him that he severed his connection with it and became a Free Soiler and afterward Republican. Mr. Willson died in April, 1851.
Bowen Whiting was a native of Massachusetts, but an early member of the bar in this county ; having a residence at Geneva. In 1823 he was made district attorney for this county ; member of assembly in 1824-25 ; county judge in 1838, and one of the judges of the Seventh Circuit in 1844.
Daniel D. Barnard was one of the members of the old bar, residing in this county as early as 1825, but at a later day locating at Rochester. Still later he moved to Albany, and from that county was elected to the Assembly, and to Congress, and still later was appointed minister to Prussia.
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Walter Hubbell was born at Bridgeport, Conn., February 25, 1795, and received his early education in Saratoga county, N. Y., whither his parents had removed while he was a child. He afterward graduated from Union College, still later read law with Judge Howell and John Greig, of Canandaigua, and was admitted to practice about the year 1817. Mr. Hubbell was a careful, painstaking and conscientious lawyer, and withal an upright Christian man. He sought no political advance- ment, yet he was in the Assembly in 1829, and was also master and examiner in chancery for a number of years. His law partners were Judge Howell, followed by Levi Hubbell, his brother. His third partner was David Greig, and his fourth, Thomas M. Howell. Walter Hubbell died at Canandaigua March 25, 1848.
Francis Granger, son of Gideon Granger, was born in Suffield, Conn., and came with his father to Canandaigua in 1816, and soon afterward entered the legal profession. Mr. Granger was a lawyer of ability, and practiced at the county seat several years before he entered into poli- tics. He might have been an eminent legist, but unfortunately for such an end, he inherited a large property, and the practice of his profession was therefore unnecessary, hence he lost an otherwise impelling power. In 1826-27-28, and again in 1830-32, Mr. Granger was one of the members of Assembly from Ontario county. In 1835 he was elected to Congress and served continuously in that body until March 3, 1841, when he resigned and was succeeded by his old Ontario county associ- ate, John Greig. Three days after his resignation, on March 6, 1841, Mr. Granger was appointed postmaster-general under President Harri- son. Returning from his public service, Mr. Granger continued his residence in Canandaigua until his death, August 28, 1868.
Gideon Grenger, son of Francis and grandson of Gideon Granger, heretofore mentioned, was also a noted Canandaigua lawyer, of whom an extended notice will be found among the personal sketches in an- other part of this volume.
Mark H. Sibley was another of the master minds of the legal pro- fession of this county, and was, perhaps, the peer of any lawyer at the local bar during his time. He was a native of Great Barrington, Mass., born in 1795, and became a resident of Canandaigua in 1814. He read law under the direction and in the office of Dudley Marvin, and became the
22
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professional rival of his instructor. He was noted as an advocate rather than for learning in the law ; was usually successful in winning favor with the jury, and hence was popular throughout the region. His law partner at one time was Alexander H. Howell, while his other legal associates, and not infrequently his antagonists, were Jared Willson and William H. Adams. Mr. Sibley represented the county in the Assem- bly during the legislative sessions of 1835, and 1836; in the Senate in 1840 and 1841 ; was made county judge in 1847, serving four years, and was a member of the Twenty-fifth Congress, his years of service being 1839-41. He died at Canandaigua September 1, 1852.
Alexander Duncan was also one of the members of the old bar of Ontario county, but of his antecedents or early record we have no data. He did his law business in the land office of John Greig.
William H Adams was another of the older members of the Ontario county bar, and for a number of years lived at Canandaigua. He was admitted to practice in 1815, but the greater part of his lite was passed in Wayne county, where he became quite prominent, filling the respon- sible positions of member of Assembly, district attorney and county judge. He died in the village of Lyons.
The name of Henry F. Penfield is also to be mentioned as one of the old bar of the county. He was district attorney from 1832 to 1835.
Henry W. Taylor, also one of the early bar of the county, was a native of New England, and on locating at Canandaigua was the as- sociate of Spencer, Willson, Sibley and other prominent attorneys of the old bar. He was evidently a man of strength and popularity, for during four legislative sessions, beginning with 1837, he was in the Assembly. On March 27, 1850, he was appointed justice of the Supreme Court in the place of Judge Maynard, deceased, and in November, 1857, he was elected county judge of Ontario county. At one time Judge Taylor was in partnership with one Mason.
Albert Lester came to Canandaigua from Litchfield, Conn. He read law in the office of John C. Spencer, and practiced from about 1825 to 1850. He was at one time partner with Jared Willson, and the firm was one of the strongest in the county. He was State Senator in 1844 and 1845. Mr. Lester died in Canandaigua, in 1867.
Alvah Worden was born in Saratoga county, June 1I, 1798, and came to Canandaigua in 1835, then having recently been admitted to
John Callister
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practice law. Early in life he prepared to enter the medical profession, but changed his purpose, and for several years engaged in mercantile pursuits. However, having a strong inclination for professional work, he read law, was admitted, and began practice in Cayuga county. He soon came in contact with Mark H. Sibley and defeated him in a memorable trial in Cayuga county, and the skill and learning of the young attorney so attracted Mr. Sibley that he invited a law partner- ship with him at the Ontario county seat. The offer was accepted, and the firm soon took rank among the strongest in Western New York. Mr. Worden represented Ontario county in the Assembly in 1841, and again in 1845 and 1846. He was a delegate to the Constitutional Con- vention of 1846, and under the constitution of that year was appointed one of the commissioners to revise and codify the statutes. Mr. Wor- den died in Canandaigua in 1856.
Orson Benjamin came from Bloomfield to Canandaigua, and was for several years a practicing lawyer. He held the office of surrogate by appointment dated January 29, 1840.
George R. Parburt was also one of the older lawyers of the county seat, and who was appointed surrogate of the county, April 10, 1844.
John Callister may properly be referred to at this time, but for an ex- tended sketch of his life the notice of the reader is directed to the bio- graphical department of this work.
Henry S. Cole was also of the old bar, and as well a native of Can- andaigua, born September 23, 1800. He was admitted to practice in 1821, but soon afterward moved to Michigan, where he acquired a high standing in his profession.
Alexander H. Howell, the oldest son of Nathaniel W. Howell, was born in Canandaigua, and was educated at the Canandaigua Academy and Hamilton College. He was admitted to the bar and became a partner of Mark H. Sibley. After a few years he gave up the law for other pursuits. He held the office of county clerk of Ontario for a term, for many years was a justice of the peace, and died in 1893, respected and beloved by all who knew him.
Thomas M. Howell, second son of Judge Nathaniel W. Howell, was born in Canandaigua in 1811, and acquired his early education at the academy, after which he took a graduating course at Amherst College.
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He read law under the direction of his father, and was admitted to practice in 1834. Then, for a period of full fifty-eight years, Mr. Howell was actively identified with the profession in the county, and only a short time before his death he argued an important case in the Supreme Court. He was a careful and diligent lawyer, and in all his habits in life he was characteristically methodical ; hence was a safe counsellor and trust- worthy attorney. From 1840 to 1847 Mr. Howell was district attorney, was United States commissioner from 1855 until the time of his death, and was police justice of Canandaigua from 1876 to 1880. Mr. Howell was a strong Democrat, and one of the leaders of the party in the county, and he was also deeply interested in local and Indian history ; was an acquaintance of the famous Red Jacket, and the local papers frequently published interesting historical articles from the pen of our subject. Mr. Howell died in Canandaigua, October 27, 1892.
Jabez H. Metcalf was a native of Ontario county, born in the town of Naples, or rather that portion of the town which was afterward set off and called Italy. Mr. Metcalf read law with Willson and Lester of Can- andaigua, and began practice in 1843. He resided at the county seat, and there he died in 1883. Mr. Metcalf was a brother to Hiram Met- calf, a lawyer at Canandaigua, and father to J. Henry Metcalf, the pres- ent county judge.
Elbridge Gerry Lapham was born in the town of Farmington, Oc- tober 18, 1814. His father was a farmer, and on the farm our subject passed his youth and attended the public schools, later on, however, attending the Canandaigua Academy, where he was the classmate of the afterward eminent Stephen A. Douglass. Mr. Lapham studied civil engineering and was for some time employed on the Michigan Southern Railroad, which was then being built. He read law with Jared Willson, and was admitted to practice in 1844. He opened an office at the county seat, his first partner being Jabez Metcalf, father of the present county judge. In 1855 he formed a law partnership with James C. Smith, which continued until Mr. Smith entered upon his duties as justice of the Supreme Court. Later on Mr. Lapham was in practice with William H. Adams, and so continued until elected to Congress, in November, 1875. He served continuously in that body throughout the Forty-fourth, Forty-fifth, Forty-sixth and Forty-
Thomas HOWELL
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seventh Sessions, and then returned to his law practice, not engaging in it, however, as ardently as before, but being connected with many important cases. Mr. Lapham was a very strong lawyer, especially so as an advocate before a jury, and in this branch of practice he attained much prominence. Originally he was a Jackson Democrat, but in 1856 became a Republican, and was ever afterward identified with that party ; and in the councils of the party he occupied a high position, and was considered one of its leaders in the State. On July 22, 1881, Mr. Lapham was elected United States senator to the vacancy caused by the resignation of Roscoe Conkling In 1867 he was a delegate to the Constitutional Convention. Mr. Lapham died in Canandaigua, January 18, 1890.
Henry O. Chesebro was born in Canandaigua in 1822. He was educated at the academy and afterward was graduated from Union College; read law with Alvah Worden, and was admitted to practice in 1846. From this time on and until the death of Mr. Worden (in 1856), Mr. Chesebro was associated with him in law practice. He died at Canandaigua, November 24, 1888.
Stephen V. R. Mallory was another lawyer of note residing in Canan- daigua, and who in 1854 represented this county in the State As- sembly.
John Rankine, when a child, emigrated with his father from Scotland, was educated in the Canandaigua Academy, and after graduating at college, read law, married Julia, the second daughter of Jared Willson, who still survives him, engaged in the practice of his profession in Can- andaigua, and was for a time the president of the Canandaigua and Niagara Falls Railroad Company. He died about 1880.
James M. Bull was born in Canandaigua, read law, was admitted to practice, and was for some years managing clerk in the law office of Smith & Lapham. While occupying that position, in 1862, he enlisted in the One Hundred and Twenty-sixth Regiment of N. Y. State Vol- unteers, was commissioned lieutenant-colonel of the regiment in Sep- tember, 1862, was promoted to the colonelcy in July, 1863, soon after the battle of Gettysburg, in which he distinguished himself by his bravery, resigned in April, 1864, in consequence of ill health, and died soon after the war.
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