USA > New York > Monroe County > Rochester > History of Rochester and Monroe county, New York, from the earliest historic times to the beginning of 1907 > Part 48
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estate law gave him, perhaps, peculiar authority OL that subject, he was recognized as an "all around' lawyer of great ability and learning. He was a man of high character and, as one who remembers him says, "his very appearance gave the impres- sion of a man both brilliant and solid."
By 1838 fourteen more names were added to the list, including Jasper W. Gilbert, afterward justice of the Supreme court of this state, and E. Peshine Smith, better known in the diplomatic service; and in the list of 1841 is found the name of John W. Dwinelle, later a judge of the Supreme court of California.
From the long list of 1811 probably at least half a dozen names might be selected for special mention withont impropriety ; but the reputation of one somewhat overshadowed the others. At the time of his elevation to the bench of the Court of Appeals, George F. Danforth shared with the late William F. Cogswell the leadership of the bar of the city and county. On retiring from the bench in 1890, in consequence of the constitutional limitation of age, he resumed practice in Roches- ter, confining himself principally to the appellate courts, where he spoke with much of his old vigor and brilliancy. He did not care to take up general practice again, accepting only such cases as seemed to him of special interest. A mind as active and well equipped as his could not remain content ir complete abandonment of the contests of the law On the 25th day of September, 1899, at the Ro- chester special term, he had just resumed his seat after addressing the court on the argument of a demurrer, when he was observed to sink down in bis chair in evident unconsciousness. He was at once carried to another room of the court-house and medical assistance summoned, but nothing could be done to revive him and he died within a few minutes, without regaining consciousness.
In the roll of 1845 are found the names of James L. Angle, afterward justice of the Supreme court, and Lewis H. Morgan, better known in the world of science than in that of law; and four years later the names of Oliver M. Benedict, James C. Cochrane, William F. Cogswell and Henry R Selden appear.
Mr. Benedict was regarded as a very able and trustworthy counselor, his field being the office rather than the court-room. He was in partner- ship for several years with Samuel S. Bowne,
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whose name first appears on the roll of 1849, and whose gifts as an advocate won him an excellent reputation as a trial lawyer. Mr. Bowne had com- to Rochester from Otsego county and soon re. turned there, after which Mr. Benediet took int, partnership John H. Martindale, afterward attor ney-general of the state, who came to be recognized as one of the ablest champions to whom plaintiff: in negligence actions could entrust their rights.
It has been said that, at the time of Judge Danforth's election to the Court of Appeals, he and Mr. William F. Cogswell divided the leadership the bar ; and yet there are not a few who insist that the leadership was vested in a triumvirate, and that the name of James C. Cochrane should be added to the others, Mr. Cochrane was certainly one of the ablest lawyers whom the bar of this city and county has known. A man of high char acter, he impressed a jury by the sincerity of his address rather than by any special gift of elo quence. He was not only learned in the written law, but he possessed, in large measure, that so- called "common" sense, which is really so uncom- mon, by which the fundamental principles of lav and equity are recognized, without the necessity of first resorting to the printed pages of report: and text-hooks. He died January 25th, 1881, while still at the height of his powers.
For twenty years after the election of Judge Danforth to the Court of Appeals and the death of Mr. Cochrane no one would have hesitated to ac- cord the primacy of the bar of this city and county to Mr. William F. Cogswell. Not that the bar has bern at all lacking in able men during that time; many names will occur to those whose memories cover a quarter of a century. But Mr. Cogswell was a very unusual lawyer. He reached, at once, the very heart of a legal question, which most other gained only by a long road and arduously. If : litigant found that his adversary was represente. by eminent counsel, no matter from what part of the country or with however vast a reputation, le might rest content if he had succeeded in re- taining William F. Cogswell, knowing that his own interests were in the hands of a master. Judg ing from the accounts of those who read law in his office, he was not a man of extraordinary industry His method of getting at the essence of a cast was as far removed as possible from that of dig. ging. He was one of the fortunate few who may
he classed as "born" lawyers. Though he made no pretensions to oratorical skill, it was always a delight to listen to him. With a few luminons sentences, in which no word was wasted, he went straight to the vital part of a case, so that juries, as well as courts, owned his power. He was a man of fine literary tastes and wide reading in fields not connected with the law. For several years prior to his death, in 1905, he had virtually retired from practice, though, until the last year, he visited his office daily. He persistently refused to be a candidate for, or to accept, public office It is characteristic both of his modesty and hi- enviable economy in the use of words that ir "Landmarks of Monroe County," published it 1895, his biography, prepared by himself, contain. this, and this only: "William F. Cogswell was horn in the town of Perinton, Monroe county, Sep- tember 26th, 1824, was admitted to the bar in May, 1816, and has practised his profession in Rochester ever since."
For some years after his admission to the bar i. 1830, Henry R. Selden practised his profession at Clarkson, in this county. It is said, in "Land- marks of Monroe County," that he removed to Rochester about 1857, but his name appears on the roll of the Rochester bar in 1849. As he became a member of the highest court of the state, more apace will be given to him in the portion of this article treating of the judiciary. It is sufficient to say of his career as a lawyer that no one has occupied a higher place in the bar of this city and county. After reaching the age of seventy years he ceased, in a measure, the active pursuit of his profession, and in 1879 he definitely withdrew from practice, At the time of his death, in 1855, the Rochester Post Express said: "Judge Selden at the time of his retirement, was the universally acknowledged leader of the bar of Western New York."
Of the lawyers whose names appear on the rolls after those already mentioned, reference has al. ready been made to John H. Martindale. Only four others will be selected, not, as has been said, from Inck of material, but because the proper limits of this article forbid a more general refer- ence. These four will undoubtedly be recognized! as deserving of special mention.
John Van Voorhis was admitted to the bar in 1852 and, in the following year, opened an office
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in Elmira, in partnership with Hon. Gilbert O Hulse, Ou July 4th, 1854, he removed to Rochester, where he resided and practised his profession until his death, October 20th, 1905. He held several publie offices, among them that of representative in Congress, being elected in 1878, 1880 and 1892. He was a delegate to the national Republican con- vention at Baltimore in 1864, and had many inter. esting reminiscences of the men of that time. Nat urally of a kindly disposition, and a pleasant and entertaining companion socially, he was an indom itable fighter in his profession and threw himself so completely into the cause of his client as some- times to arouse the hostility of the court as well as that of his antagonists. He never acknowledged defeat so long as there was a court left to which an appeal might be taken, and those clients who per- mitted him to carry the war to the end seldom had reason to regret their confidence in him, for he did not enter a combat recklessly or without a plentiful supply of legal unmunition. The mel. lowing effect of age led him to abandon, in later years. much of the asperity which had formerly characterized his appearance in the legal arena. Ile was much interested in young men who were pre- paring for or had just entered the profession freely giving them advice and encouragement, ar interest which was repaid by them with respect ano affection.
Theodore Bacon graduated from Yale colleg. at the age of nineteen years, in the famous class of 1853. He studied law at Clarkson, Monroe county, with Hon. Henry R. Selden, whose eldest daughter he afterward married, and was admitted to the bar in 1856. From 1861 to 1865 he was a captain in the Seventh Connecticut volunteers, a regiment which won an honorable reputation in the Civil war. Coming to Rochester in 1865 he prac- tised his profession here until his death, January 22d, 1900. Mr. Bacon was justly recognized as one of the ablest lawyers that this bar has had. One of the most courteous of men, he yet carried a blade of sarcasm of which his antagonists had good reason to beware; and his proficiency in the use of that weapon led him to resort to it more often, per. haps, than the occasion demanded. His sar- casm, however, was not infrequently conveyed with a humor that carried no sting. One instance may be given. Ile was about to argne a ease in
the Court of Appeals when the chief judge read alond a telegram which had just been received from the opposing counsel, who stated, briefly, that he had been delayed, and suggested, also briefly, that the case be held until his arrival. The terse- ness of the telegram gave it a somewhat mandatory sound, and Mr. Bacon's only reply to the chief judge was, "I suppose the court will not venture to disobey so peremptory an order." While Mr Bacon was devoted to his profession, he was a scholar whose intellectual activities could not be confined to one field. He possessed a fine literary taste and a mastery of English, to which his oc. casional contributions to magazines bear witness.
The name of Oscar Craig first appears on the roll of attorneys in 1859. He was not prominent as a trial lawyer, but was regarded as a wise and trustworthy counselor. He was attorney for the Monroe County Savings bank from 1878 until his death. Yet while his ability as a lawyer was be- sond question, it was his broad philanthropy, his work and influence in the field of charity, that gave him a more lasting reputation. At the time of his death, in 1895, he was president of the State Board of Charities; and his name and philan- thropic labors are perpetuated in the Craig Colony for Epileptics at Sonyea.
George F. Yeoman was born in Delaware county in 1846, was admitted to the bar in this city in 1875, and practised his profession here from that time until his death in 1902, with the exception of the year 1894, during which he served as justice of the Supreme court by appointment of Governor Flower. Judge Yeoman possessed a very clear and logical mind and was deeply and accurately read in the law. He was a man of the highest character, incapable of an unworthy action, and his untimely death was universally regretted.
Here ends the history of the bar of the city and county, so far as any extended reference to individ- ual members is concerned. In accordance with the plan mentioned in an earlier part of this article. it has been confined to those who are no longer living. Sketches of living members of the bar will he found in another part of this book. There will also be appended to this article the roll of the Rochester bar, given in "Landmarks of Monroe County," and carried down to the present year, and the roll of the bar of the city and county as it now stands.
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A few other items relating to the bar may be of interest.
Four women are members of the Rochester bar Their names and the dates of their admission to practice are as follows: Kate K. Crennell, 1897 ; Mary R. Orwen, 1898; Myrtle M. Mann, 1902, and Margaret E. Booth, 1905.
THE BAR ASSOCIATION.
The Rochester Bar association was incorporated November 28th, 1892. Candidates for admission must be recommended by the committee on mem- bership, and more than one negative vote in com- mittec excludes a candidate from recommendation. Election is by ballot, one negative in every five votes being sufficient to prevent an election. The present membership is over one hundred and sev- enty. Annual dues of five dollars are required from members. There is now over $2,000 in the treas- ury. The officers consist of a president, first and second vice-presidents, secretary, treasurer an.] eight trustees, who, with the president, secretary and treasurer, constitute the board of trustees. These are elected at the annual meeting on the second Tuesday of December in each year. The presidenta of the association have been as follows: 1893-4, Nathaniel Foote; 1895, Porter M. French ; 1896, George F. Yeoman; 1897, Edward Harris; 1898, William A. Sutherland; 1899, Walter S. Hubbell; 1900, Joseph W. Taylor; 1901, Charles J. Bissell; 1902, Charles M. Williams; 1903. James Breck Perkins; 1904, Albert H. Harris; 1905, John Desmond; 1906, Jonas P. Varnum; 1907, Eugene Van Voorhis,
DISTRICT ATTORNEYS.
In 1818 each county was made a separate dis- trict, so far as related to the office of district-at- torney. That office was created in 1801 and, from that time until the adoption of the constitution of 1846, was filled by appointment. Since 1846 dis- trict-attorneys have been elected. The list is as follows: 1821, Timothy Childs; 1825, Addison Gardiner; 1831, Vincent Mathews; 1831, Hestor [ .. Stevens; 1836, Horace Gay : 1836, Abner Pratt ; 1843, Jasper W. Gilbert; 1846, Nicholas E. Paine; 1847, William S. Bishop; 1850, Martin S. New- ton; 1853, Edward A. Raymond; 1856, Calvin
Huson; 1859, Joseph A. Stull; 1862, William H. Bowman; 1865, Christopher C. Davison; 1868, John M. Davy; 1871, George Raines; 1877, Ed- ward S. Fenner; 1883, Joseph W. Taylor; 1886, George A. Benton ; 1892, George D. Forsyth; 1898, Stephen J. Warren.
CITY ATTORNEYS.
Those who have served as legal advisers of the city, under the title of city attorney (part of the time attorney to the common council), until 1900 and since then under the title of corporation coun- sel, are as follows: 1834, Vincent Mathews; 1835, Ashley Sampson ; 1836, William S. Bishop; 1837, Ashley Sampson; 1838, Frederick Whittlesey ; 1844, John W. Dwinelle; 1845, Robert Haight ; 1849, William Breck; 1851, Henry Hunter; 1853, Lysander Farrar ; 1855, John C. Chumasero; 1857, James L. Angle; 1859, John Van Voorhis; 1861, Edward A. Raymond; 1863, George W. Miller; 1864, W. Dean Shuart; 1866, Edward A. Ray- mond; 1869, Albert G. Wheeler; 1870, Jesse Shep- herd; 1874, J. Breck Perkins; 1878, Albert G. Wheeler ; 1880, John R. Fanning; 1882, John N. Beckley; 1886, Ivan Powers; 1888, Charles B. Ernst ; 1892, C. D. Kiehel; 1894, A. J. Rodenbeck ; 1899, Jolin F. Kinney; 1900, Porter M. French; 1902, William A. Sutherland; 1904, William W Webb.
It is quite possible that these lists do not con- tain the names of all who filled the office of dis- trict-attorney or city attorney prior to 1850, but they are as accurate as available sources of infor- mation will allow.
II.
THE BENCH.
The highest court of the state, the Court of Appeals, was created by the constitution of 1846 to take the place of the court for the Correction of Errors, which consisted of the president of the Senate, the senators, the chancellor, and the jus. tices of the Supreme court, or the major part of them. As at first constituted the court was "com posed of eight judges, of whom four shall be elected by the electors of the state for eight years, and four selected from the class of justices of the
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Supreme court having the shortest time to serve." By an amendment of the constitution of 1846, adopted in 1869, the composition of the court was changed so as to make it consist of "a chief judge and six associate judges, who shall be chosen by the electors of the state, and shall hold their office for the term of fourteen years from and including th? first day of January next after their election."
From time to time provision has been made for riding the Court of Appeals in disposing of it- business. Such was the case with the amendment of article 6 of the constitution, adopted in 1863, which provided that causes pending in the Court of Appeals on the first day of January, 1869, should be heard and determined by a commission composed of five commissioners of appeals.
Again, under the amendment of article 6, sec- tion 6, adopted in 1888, the second division of the Court of Appeals was established, consisting of seven justices of the Supreme court. It was in existence about four years.
And, finally, an amendment of article 6, section ", of the constitution, adopted in 1899, directol the governor, whenever a majority of the judges of the Court of Appeals should certify to him that said court was unable, by reason of the accumu- lation of causes pending therein, to hear and dis pose of the same with reasonable spred, to "desig- nate not more than four justices of the Supreme court to serve as associate judges of the Court of Appeals." Since that year, with the exception of 1905, from two to three justices of the Supreme court have served as associate judges of the Court of Appeals by appointment.
The Rochester bar has furnished six judges of the Court of Appeals: Addison Gardiner, Samuel L. Selden, Henry R. Selden, Sanford E. Church George F. Danforth and William E. Werner.
Addison Gardiner was born in Rindge, N. H., March 19th, 1997. His grandfather, Isaac Gard- ner, was one of the Brookline minute men who marched to Lexington on the 19th of April, 1775 and engaged in a skirmish with the retreating Brit- ish near Watson's Corners, in which he was in- stantly killed. Isaac's son, William, removed in 1809 from Rindge, where he had settled, and where he held many public offices, to Manlius, Onondaga county, N. Y., where he carried on a successful business as manufacturer and merchant until his death in 1833. The original spelling of the name
with the "i" (Gardiner), was resumed by his sons Addison, the third son, began the practice of his profession at Rochester in 1825, and soon after- ward formed a partnership with Samuel L. Selden under the firm name of Gardiner & Selden. In 1825 he was appointed distriet-attorney for Mon- roe county and, in 1829, circuit judge for the eighth circuit of the state, consisting of the coun- ties of Allegany, Erie, Chautauqua, Monroe, Genc- sce and Niagara, becoming vice-chancellor of the same territory ex officio. He resigned in 1838 and resumed practice, but in 1844 he was elected lieu- tenant-governor of the state, on the ticket headed by Silas Wright. In 1847 he was elected one of the judges of the Court of Appeals, created by the constitution of 1846, and held that office until January Ist, 1856, when he retired, having refused a renomination. During the years 1854 and 1855 he was chief judge of the court. After his retire ment his services were still sought as referee; and this to such an extent that it is said that, for twen- ty years after he left the Court of Appeals, he probably heard more causes than any justice of the Supreme court. In 1831 he married Mary Selkrigg, of Scotch descent, and had two children, Charles A., now deceased, and Celeste M., wife of George W. Loomie, of Rochester. His death oc- curred at Rochester, June 5th, 1883.
Hon. William M. Evarts announced the death of Judge Gardiner to the Court of Appeals at the June session of 1883, paying an eloquent trib- ute to him. Chief Judge Ruger responded as fol- lows: "The court approves of the sentiments ex pressed as to the character of the late Addison Gardiner. He has worthily filled many of the highest offices in the state, and ceased to be so employed only by his own desire. Engaged in the public service at a time when his associates were among the most distinguished for learning and ability, he was always regarded as the peer of any It was his peculiar distinction that he should have maintained for so long a period his seclusion from public affairs in the face of the urgent de- mands often made by the people for his return. It is now over a quarter of a century since I had the honor of making Judge Gardiner's acquaint- ance, and, although he was then in the possession of unclouded and unimpaired mental and physical power, he had announced his permanent retirement from all publie employment. He was much en-
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gaged, in the latter part of his life, in hearing references in the city of his residence, and his ser- vices were so urgently demanded in that capacity that he could not well avoid the employment. His calm, judicial temper, combined with great in tegrity, learning and common sense, made him almost invaluable in the performance of the duties of a judicial arbiter, and enabled him to give al. most universal satisfaction in the settlement of legal controversies."
Samuel L. Selden, who, on the retirement of Judge Gardiner, was elected judge of the Court of Appeals in his place, was born in Lyme, Conn., in 1800, and came to what was then Rochester- ville in 1821. He read law with Judge Gardiner and, after admission to practice, entered into part- nership with him. From 1831 to 1837 he was first judge of the Monroe Common Pleas. He was alsc master and clerk of the court of Chancery. Nom- inated by the Democrats for justice of the Su preme court in 1847, his popularity wus such that, although his party was in a minority, he was easily elected. At the end of his term, in 1855, he sue- ceeded Judge Gardiner on the Court of Appeals as has already been stated. Before his term in that court had expired, his health became so precarious that he felt obliged to abandon his public duties and accordingly, on the 1st of July, 1862, he re signed, and thereafter lived in retirement in Ro- ehester until his death, September 20th, 1876. Judge Selden's opinions while on the bench of the Court of Appeals may be found in the New York Reports, volumes 9 to 24 inclusive. They give evidence of profound learning as well as a great natural sense of justice, and are couched in a style of unusual beauty. Though Judge Selden's activi- ties were, for the most part, confined to his profes- sional and judicial life, he found time to devote to charitable work and was interested in various local institutions. That his judgment in other fields than that of the law was not at fault i. proven by his early recognition of the value of Prof. Morse's invention of the telegraph, he and his brother, Henry, being among the first to organ- ize a company for the construction of a telegraph line. Judge Selden married Susan Ward, a dangh- ter of Dr. Levi Ward. Their only child, a son died in boyhood.
On the resignation of Judge Samuel L. Selder his brother, Henry R., was appointed to fill the
vacancy on the bench of the Court of Appeals. Henry R. Selden was born in Lyme, Conn., Octo- ber 14th, 1805, and in 1825 he followed his brother, Samuel, to Rochester. He read law in the office of Gardiner & Selden and, in 1830, was admitted to the bar. For some years after his admission. he practised his profession in Clerkson, but about 185: removed to Rochester, where he resided dur- ing the rest of his life. In 1856 he was nominated by the recently organized Republican party for lieutenant-governor of the state, and his election, with that of John A. King as governor, was the earliest victory of that party in the United States. During the canvass he was in Europe on profes- sional business. The duties of presiding officer of the Senate, a position of peculiar difficulty at that time, when political feeling ran high, wert discharged by him with conspicuous ability. From 1853 to 1857 he was official reporter of the Court of Appeals, his reports being contained in vol. umes 1 to 6 Selden (5 to 10 N. Y.) In 1862 he was appointed by Governor Morgan to fill the vacancy in the Court of Appeals, caused by the retirement of his brother, and served until the 1st of January, 1865. In the latter year he con- sented to accept a nomination for the Assembly and, being elected, performed the duties of that office no less diligently than he had those of lieu- tenant-governor and judge of the Court of Appeals. On the reorganization of the Court of Appeals under the constitutional amendment of 1869, he was nominated for chief judge, but was defcated by Sanford E. Church. Ile retired from practic in 1879, and died at the city of Rochester, Sep- tember 18th, 1885. Judge Selden married Laura Ann, daughter of Dr. Abel and Laura Smith Baldwin, at Clarkson, September 25th, 1834. Six of their children died young. The others were Julia (widow of Theodore Bacon), of Rochester; Louise (first wife of General Elwell S. Otis), de. censed; Mary (first wife of Hon. Francis A. Ma- comber), deceased; George B., a prominent paten' lawyer of Rochester and the inventor and patenter of the first gasoline engine for automobiles; Arthur R., of Rochester; Samuel L., a member of the Rochester bar, deceased, and Laura H. (Mre. Wil. liam D. Ellwanger), of Rochester.
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