History of Otsego County, New York : with illustrations and biographical sketches of some of its prominent men and pioneers, Part 74

Author: Hurd, D. Hamilton (Duane Hamilton) cn
Publication date: 1878
Publisher: Philadelphia : Everts & Fariss
Number of Pages: 988

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In the autumn of 1826 young Clark entered the fresh- Lain class of Williams college, where he remained the fo !- " wing four years, and graduated with tolerable credit in

1830. Of the faults and follies incident to college life he was always ready to admit his full share, though he generally exercised sufficient caution not to be found ont in any infraction of college laws. He devoted himself more to literature than to science, and was successful in such studies as suited his natural tastes, but way deficient in the mathematical branches.

Having selected the law as a profession, Mr. Clark, in the autumn of 1830, entered the law-office of Ambrose L. Jordan, Esq., at Hudson, N. Y. Hudson was at that time somewhat distinguished as a school for intended lawyers, and the fortnightly debates at the court-house, conducted by the younger members of the bar and by the law-students, were attended by all the cultivated people of the city. and are remembered to this day on account of the frequent dis- play of great forensic ability. In the office of Mr. Jordan there were usually from ten to twelve students. After a course of three years' study, and a very extensive experi- ence in the way of copying and preparing law papers, Mr. Clark was admitted as an attorney, and in the autumn of 1833 opened an office and began the practice of law in the eity of Poughkeepsie.

In October, 1835, Mr. Clark was married to Caroline, eldest daughter of Ambrose L. Jordan, Esq., and in May, 1837, a law partnership was formued between Messrs. Jor- dan and Clark, which continued about sixteen years. On May 1, 1838, Jordau & Clark removed from Hudson to the city of New York, where they soon established a suc- cessful practice, and where Mr. Jordan fully sustained his great reputation as an advocate.

In the year 1848 Isaac M. Singer was a client of Jordan & Clark. He was an erratic genius, having followed vari- ous occupations without much success, and having invented valuable mechanical devices, which had brought him no profit. One of these, a machine for carving wood and metal, which had been duly patented, had been involved by some injudicious contracts of Mr. Singer, and Mr. Clark was employed to recover the clear title to the iuveution. The object was accomplished ; but before Singer was able to make his machine available, the bursting of a steam- boiler at a shop in Hague street. New York, utterly de- stroyed it. Shortly after this calamity Mr. Singer made his great invention of the sewing-machine. At first this was not profitable, and under the manangement of the in- ventor the title to the invention became involved. and was likely to be lost. In that emergency Singer applied to his legal adviser, Clark, to advance the means to redeem an interest of one-third in the sewing-machine invention and business, and to hold that share as security for the money advanced. The request was acceded to, and the purchase made. Subsequently, and when it had become apparent that a great amount of litigation would be required to sus- tain the sewing-machine patent, Singer requested Clark to take and hold the one-third of the patent, and release Singer from the claim for money advanced.

This arrangement was carried out, and afterwaris, when an opportunity occurred. another one-third interest in the patent and business was bought by Clark for the benefit of' Singer and himself. And thereupon was formed the co- partnership of I. M. Singer & Co., in which Mr. Clark was

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HISTORY OF OTSEGO COUNTY, NEW YORK.

half-owner. The business was carried on by this firm with eminent success from 1851 to 1863. But, as was antici- pated, Singer & Co. at once became involved in costly and vexatious lawsuits, which were directed and managed by Mr. Clark. During a period of about two years they were menaced by hostile injunctions for infringement of patents, which threatened to destroy the business entirely. But the contest was perseveringly maintained, and the business con- tinued to prosper, until finally the time came when a eom- promise and adjustment of claims could be made, so that defensive litigation was terminated. When that was ef- fected the splendid suceess of the business of Singer & Co. became an assured fact. All the numerous contracts of Singer & Co. were carefully drawn by Mr. Clark, and a great advantage thereby accrued to the firm, when, at a later period, it beeame expedient to purchase back certain territorial rights for the exclusive sale of the Singer ma- chine. It was believed by both Singer and Clark that the successful management of the early patent-suits above re- ferred to, and the contracts and compromises incident to such suits, involved millions of dollars, and the subsequent history of sewing-machine manufacturers has proved the correctness of that belief.

In the year 1863, Mr. Clark, wishing to be relieved from active duty, and to secure a continuous good management of the business, formed the scheme of organizing the Singer manufacturing company, and although Mr. Singer was very much opposed to the formation of such company, he was induced to assent to it rather than have an application made to a court of law. The company was organized with a share capital of $500,000. Of this stock four-fifths was retained by Singer and Clark, and the residue was sold to several persons prominently employed in the business at $200 for each $100 share. The capital of this company was afterwards enlarged to $1,000,000, and after that again expanded to $10,000,000, the whole of which increase con- sisted of the accumulated profits of the business. Directly upon the formation of this company, Mr. Clark retired from the active management, though he continued to be a director, and during several years spent considerable time abroad, having on three different occasions occupied a house in Paris, and also passed a winter in Rome. In his travels over the principal countries of Europe he examined what- ever was worthy of notice in nature and art. and made ex- tensive purchases of statuary and other works of art, which he brought home to New York.

In the autumn of 1854 a residence in the village of Cooperstown, which had long been known as " Apple Hill," then owned by Geo. A. Starkweather, Esq., was offered for sale, and was purchased by Mr. Clark. It was a rather large house, built of wood by Richard Cooper, Esq., and had been occupied at various times by Hon. John A. Dix, Hon. Samuel Nelson, Judge I. C. Turner, and others. The situation of this house is peculiarly fine, and the grounds about it attractive. Mr. Clark, with his family, ocenpied Apple Hill during the summer season for several years, and then, in the summer of 1869, had the old house taken down, and within the next three years had a very substan- tial mansion of cut stone erected on its site. Before the completion of the new house the name of the place was

changed to " Fernleigh." The interior of the house is finished and decorated with innch taste and with liber ..! expense. The grounds have been much enlarged, an orna- mental bridge thrown across the Susquehanna river, and various auxiliary improvements made, so that Fernleigh is recognized as one of the attractive show-places of the con- try. In the guide-books it has been extravagantly prai~, and few strangers visit Cooperstown without secking to see it.

Within a few years Mr. Clark has purchased a farm of nearly 500 acres on the easterly bank of Lake Otsego, and has entered zealously into agricultural pursuits, rather for the purpose of having an amusing rural interest than with any intention of seeking profit. His eldest son. Mr. Am- brose J. Clark, has purchased and settled upon a farm on the westerly side of Otsego lake, which was formerly owned by the late Judge Nelson. Both of these farms have been stocked with imported cattle and sheep possessing rare strains of blood, and the buildings upon them improved in the best manner. Although Mr. Clark has a house in the city of New York, and passes a considerable portion of his time there, he considers his residence to be at Cooperstown, and is identified with the interests of that village.

Caroline Jordan Clark, wife of Edward Clark, died at Fernleigh, on the 27th day of June, 1874, and was buried in Lakewood cemetery, where an appropriate monument has been erected.

AMBROSE L. JORDAN.

This distinguished lawyer and eloquent advocate was born at Hillsdale, Columbia Co., N. Y., in the year 1791. His father was a farmer of Scotch-Irish descent, who, possessing a very strong physical constitution, and endowed with superior judgment, lived to a very advanced age, and was always held in high esteem by his neighbors. The son, having received the limited education of a common school, was at an early age set to work on the paternal acres ; but it soon became apparent that agricultural labor was not his proper vocation, and, after some futile trials in farming, whereby it was demonstrated that he had a strong taste for study and books, but was incurably indolent as a worker on the farm, his father wisely determined to permit the boy to work out his career in the way indicated by his own wishes.

He was sent to an academy, where he soon acquired as much Latin, and other miscellaneous learning. as could then be obtained in such an institution. For several months he sought to reeruit his limited finanees by teaching a school himself. As soon as he could command the means to pay his board he entered a law-office in Albany, where he dis- tinguished himself by the closest attention to study and office business, and, by the intelligent performance of extra duties, was able to provide, in a great degree, for his own support. Having been admitted to the bar in the year it 1813, he commenced the practice of law at the village of Cooperstown, having formed a copartnership with Far. rand Stranahan, Esq., who was an established lawyer at that place. At the time he thus commenced the serious business of life, Mr. Jordan was only about twenty-two

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A L, Jordan

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HISTORY OF OTSEGO COUNTY, NEW YORK.

war of are. He was quite six feet in height, was slight and Tarful in figure, had regular, oval features, a profu- mas of brown natural curls, expressive blue eyes, and a ";xion as fine as a woman's. His voice was not loud particularly powerful, but it was most agreeable in qual- a !! , and had a distinct carrying force which always enabled Lis to be heard in the largest and most crowded court- t .c. Ile had great powers of endurance, and could . . k many hours a day for consecutive weeks, without soy apparent signs of fatigue. In long and exciting trials, wu the heat and foul air of crowded courts, he was always Se to appear fresh and strong, when other distinguished viummates became worn out and exhausted. He had a autural command of language. In extemporaneous speak- 10 : his sentences were regular and complete; he never beitated for the appropriate word ; he had a natural apti- tu le for going to the bottom of any subject, and when an vivere witness had been cross-examined by him, the wit- tas was like a sponge squeezed dry. His methods of managing a cause, examining witnesses, and summing up the evidence were exhaustive and complete. When he had Gnished his address to a jury no point was left unnoticed, hur argument failed to be duly elaborated, and nothing further could be said with effect.

Several anecdotes are still remembered in connection with Mr. Jordan's career at Cooperstown, which give an insight into the character of the man. He hated all unfair- tens, and would not himself submit to extortion or imposi- tion. Having gone to a neighboring town in Otsego County to try a cause in a justice's court, on his return home in the early evening his wagon broke down. There was some snow on the ground, and just after the accident happened a farmer drove up in a lumber sleigh. Mr. Jordan asked if he would assist him to get to Cooperstown, wuIne five miles distant. The man replied that he would, and then the two put the broken wagon on the sleigh, and leading the disengaged horse, drove on to Cooperstown. No bargain had been made as to compensation, and when Mr. Jordan inquired what he should pay, the sharp farmer replied, naming a sum that was very extortionate. Mr. Jordan was annoyed, but calmly stated that the pay de- manded was three times as much as the service was worth ; that rather than have any hard feelings about the matter, he would pay double price, but no more. The offer was refused, and the farmer departed, breathing threats. Within a very few days a sunuons was served on Mr. Jordan to appwar before a justice, who was a near neighbor and friend of the firmmer. On the trial the justice gave judgment for The plaintiff for the full amount of his claim, and costs. As own as the law would permit, execution was issued on this judgment, and placed in the hands of a deputy-sheriff for collection. Mr. Jordan managed to have information of the coming of the officer to collect this judgment. Mr. Stranahan, the law-partner of Mr. Jordan, was the owner of a handsome gold watch and chain, which for that occasion Mr. Jordan borrowed, and hung up conspicuously on a nail on the front of a desk at which he was writing. That bing done, the officer came in aud told Mr. Jordan he had an execution against him. Mr. Jordan said he did bot intend to pay it. " Then," said the officer, " my duty

requires me to levy on your property, and I shall take this," at the same time taking the watch and putting it into his pocket. Mr. Jordan said to the officer, " My friend, I advise you to put back the watch. If you do not you will get yourself into trouble." The man, thinking he was quite safe, left the office, taking with him the watch. With all possible expedition a writ and other papers in a replevin suit were prepared in a suit of Stranahan against the deputy-sheriff. The sheriff of the county was found, the replevin writ put into his hands, which he at once served on the deputy, took back the watch and delivered it to the owner. The deputy-sheriff called on the farmer to indemnify hitu in the replevin suit, which he felt compelled to do. The result of the affair, which was soon arrived at, was this : the plaintiff succeeded in the replevin suit, the costs of which amounted to over one hundred dollars. The judgment obtained by the extortiouate farmer was about twenty dollars, and he finally had to pay over to Mr. Jor- dan, as Stranahan's attorney, the difference between these sums. The attempted imposition was amply punished.

At the period referred to, and, indeed, all through life, Mr. Jordan was sensitive in regard to publie opinion, and the following story, as related by himself, illustrates that feeling: " After I had settled at Cooperstown, but before I was much known in Otsego County, I had occasion to go to Albany to attend a special term of the supreme court. My friend, the cashier of the Otsego County bank, who knew of my intention, requested me to take a sum of money,-I think it was $1800,-to be deposited in a bank in Albany. I agreed to take it, and the money was counted in my presence, separated into pareels of $100 each, and the whole nicely put up in a package. I received the money, and with muy satchel of law papers was conveyed in due time to Albany. Before going to court the woruing after my arrival I thought I would deliver the money at the Albany bank. The moment I looked at the package I saw that it had been tampered with. Examining it hastily, I found that one parcel of $100 had been abstracted. The loss was a serious one to me at that time, but I decided in a moment what it was proper for me to do. I went out to the office of a friend, borrowed $100, put it into the package, and hurried to the bank and deposited the whole amount which had been intrusted to me. I said nothing to the officers of the Otsego County bank about this bus, or to any one else except the kind friend who lent me the money to replace it, and secrecy was enjoined upon him."

A peculiarity of Mr. Jordan-an unfortunate one in some respects, as it caused him to labor a large portion of his life for those who never paid for his services-was this, that having once enlisted in a eause nothing could detach him from his client. Whether he was paid anything or not, he went through to the end of the controversy. He was often imposed upon by unfortunate or unworthy clients.

While practicing at Cooperstown he became the lead guardian of certain minors, who had a presumptive title to a military lot of 600 acres, situate in a central county of the State of New York. The lot was in the possession of another party, holding adversely. An action at law was brouzla by Mr. Jordan to recover this property. Upon examinati & it was found that the evidence to support the elanu of the

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HISTORY OF OTSEGO COUNTY, NEW YORK.

plaintiffs was very defective; and particularly that one witness, who had knowledge of decisive facts, was impera- tively necessary. That witness, when inquiry came to be made, could not be found. He had disappeared. The time for the trial of the ejcetment suit was approaching, when Mr. Jordan determined that he would not be beaten in it if any possible effort on his part could prevent it. Having only a slight clue as to persons with whom the missing wit- ness was connected, Mr. Jordan set out with his own horse and wagon from Cooperstown, drove to Albany, then to Columbia county, making minute inquiries by the way ; then to Dutchess county, where some slight information was obtained; then to New York city, and finally to a squall hamlet on Long Island, where the desired witness was found, and his attendance secured for the trial. Mr. Jordan hastily returned home, and had barely time to reach the circuit court where the cause was to be tried. By the aid of the witness thus found, the title of Mr. Jordan's wards to the lot in question was established. He had devoted much time to examination and preparation of the case, had spent fifteen days in hunting up the missing witness, and five days more in attending the circuit court, and he was successful.

When Mr. Jordan's accounts as guardian came to be settled, the law permitted him to charge against his wards the items of money actually paid out on their account, but nothing for his professional services. For all his time, trouble, and skill in the affair, he never received a eent of compensation.

The professional progress of Mr. Jordan was rapid and solid, and in two or three years he became the acknowledged leader of the Otsego County bar. Soon after he had set- tled at Cooperstown he married Miss Cornelia Caroline Phillips, of Claverack, Columbia Co., N. Y., and of this marriage the issue in subsequent years were six children, three of whom. have died, and three at the present time (1878) survive.

In the year 1820 he determined to return to his native county, and accordingly established his law-office in the city of Hudson, where he remained in full and successful prac- tice for the next eighteen years. The first difficulty to be encountered at the Columbia county bar, by any one as- piring to a prominent position as an advocate, was, that it became necessary to meet and contend with Elisha Williams, who had long held ahnost undisputed sway in the courts of that district. Mr. Williams was then in the full maturity of his wonderful powers, and then and ever since considered, by those most competent to forin a judgment on such a subject, the greatest jury lawyer ever produced by the Urruted States. He was certainly the best actor the writer has ever seen on any stage. He connuanded with equal effect the springs of laughter and of tears. The most stoic of judges could with difficulty resist the spell of his elo- quence, and ordinary juries seemed to delight in being quite carried away with it. It was against this colossus of the law-courts that Mr. Jordan was at once brought into an- tagonism, and it is still remembered to his credit that he did not shrink from the encounter. Indeed it soon became an established faet in the courts of Columbia and the neigh- boring counties, that Mr. Williams could no longer succeed in winning a bad canse when he was opposed by the

thorough, painstaking methods, and ready eloquence of Mr. Jordan. They were generally employed on opposite sides, and tried all the contested cases on the calendar.

On one important occasion the writer remembers that Williams and Jordan were employed on the same side for the plaintiff. A suit was brought to collect an ordinary note, which note the defendant alleged to be a forgery. From the notable position of the parties, the question was discussed with much bitterness of feeling, and public opin- ion was convulsed on the subject. At the trial in Columbia county a New York city judge presided, and a city lawyer was the leader for the defense, with half a dozen other counsel to aid him. The judge was somewhat deaf, and that gave the plaintiff's counsel an opportunity to keep up a fire of jokes at the expense of the judge and the opposing counsel within hearing of the jury, but unheard by the court, which tended to and did greatly prejudice the jury against the defendant and in favor of the plaintiff. The cause was easily won for the plaintiff, and the judgment was finally collected. Many persons, however, continued to think that the superiority of the plaintiff's counsel rather than the justice of his ease seeured the verdict. Upon the retire- ment of Mr. Williams from actual practice, a few years after Mr. Jordan settled in Hudson, Mr. Jordan became the acknowledged leader of the Columbia county bar, and re- tained the position until he finally removed from Hudson. Some years before that event he became introduced to a New York city audience by a peculiar suit at law, which then attracted much attention by reason of its novelty. A young house-painter at Hudson was engaged to be married to a young lady of the same city, whose father was possessed of considerable property. The lady happened to make the ac- quaintance of a merchant in New York, whom she (and her father also) considered a more eligible parti, and when he offered he was accepted, and the house-painter was thrown over. The mechanic did not rest satisfied with this ar- rangement. He consulted Mr. Jordan, who brought an action against the fickle fair one and her husband. The eause was tried at a cireuit court in the city of New York, attracted great public attention, and was fully reported. The defense was conducted by Henry R. Storrs, Esq., an advo- cate of very distinguished reputation ; but, in spite of all his efforts, the jury found a verdiet of $1000 for the plaintiff, which was considered, in view of all the adverse eireumstances, a great triumph.

In the spring of 1838, Mr. Jordan, with his law-partner. Edward Clark, Esq., removed from Hudson to the city of New York. From May, 1838, to the spring of 1860. Mr. Jordan was continuously engaged in the practice of his profession in the city of New York, with the exception of two years, during which he filled the office of attorney- general of the State of New York, and had his official re-i- dence at Albany. During this long period of twenty-two years he was retained and prominently engaged in a large proportion of the severely litigated causes which occupie ! the courts of New York.

It is impossible in a sketch like this even to allude to the many important trials of courses in which he took a conspicuous part. It will be sufficient to say that he was opposed from time to time, aud ahuost constantly, to the

PHOTO BY WG SMITH COOPERSTOWN XY

HISTORY OF OTSEGO COUNTY, NEW YORK.

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formost advocates at the New York bar. His success in theme forensic struggles was satisfactory to his clients and himself, and was equal to his distinguished reputation for ability and eloquence.

Mr. Jordan was always too much engrossed with his Infessional labors to have time or inclination to accept political office. But his views in regard to political parties and governmental policies were always distinct, and were freely avowed and advocated. Besides holding the office of attorney-general, as before stated, he was at one tique elected to the senate of the State of New York, but resigned the office before the end of his term. He was also a member of a convention to revise the constitution of the State of New York, and served in that capacity with much industry and ability.

After a painful and lingering illness, Mr. Jordan died at his residence in the city of New York, ou July 16, 1865.

COL. JOHN HOLMES PRENTISS.

The name of Prentiss is an old and honored one in Eng- land as well as in America. In England the name is traced back to Thomas Prentiss, in 1318, and in our own country to Valentine Prentice, who came over with the " Apostle" Elliott in 1631.

Colonel Samuel Prentiss, grandfather of Colonel John II., was in the Revolutionary army, and commanded a regiment during the war. He was a muscular man, weighed over two hundred pounds, and was six feet in height. As a commander he was stern, fearless, and brave, as a civilian greatly beloved and estcemed, and as a husband and father kind and affectionate. A writer says, "Since the days of Samuel P., Sr., of Stonington, there has been no time but some of his descendants have held office, civil or military, down to the present time. Colonel Samuel P'rentice spelled his name Prentice, as did his son, Dr. Sau- uel P., until some of the sons arrived at the age of mau- hood, when, at their suggestion, the name was changed to Prentiss, aud has been so continued to the present time by all of his family."

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History of Otsego County, New York : with illustrations and biographical sketches of some of its prominent men and pioneers, Part 74

Author: Hurd, D. Hamilton (Duane Hamilton) cn Publication date: 1878 Publisher: Philadelphia : Everts & Fariss Number of Pages: 988

Author: Hurd, D. Hamilton (Duane Hamilton) cn
Publication date: 1878
Publisher: Philadelphia : Everts & Fariss
Number of Pages: 988