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 49
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Sanford E. Church was born in 1815, was ad. mitted to the bar in 1837, and practised his pro- fession at Albion, Orleans county, until 1868, when
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he removed to Rochester. After his election to the Court of Appeals he again made Albion his residence and died there on the 21st day of May 1880. It was while he was a resident of Roches- ter, however, that he was nominated for the office of chief judge of the Court of Appeals; so that, with him and Judge Henry R. Selden, Rochester had the honor of presenting the two candidates for the highest office in the judiciary of the state. Judge Church was successful in the election and thus became the first chief judge of the Court of Appeals, as reorganized under the constitutiona: amendment of 1869 and as at present constituted It is safe to say that no one has ever filled that office more satisfactorily and that the Court of Appeals never had a greater reputation than dur- ing the ten years that he presided over its delibera. tions. On the 25th of May, 1880, in the course of a long and appreciative eulogy. Hon. Charles J. Folger, senior associate judge, speaking for the court, said of the late chief judge:
"For now ten years he has sat at the head of this bench. Here he has been exactly in the foeu- of the acute and searching intellect of the bar from which escapes undetected no weakness of the head or infirmity of disposition. The bar knows that he has led the business of the court with a kindness of disposition, an evenness and serenity of temper, a gentleness in restraint. a nobleness of courtesy, a patience of hearing to tyro or veteran that pleased and satisfied and so soothed all as to make even defeat seem half success. All who hear me now know how seldom was the thread of argument snapped by interpellant words from nim It was as if he bore in mind the saying of Bacon : 'A much-speaking juilge is no well-tuned cymbal.' We may be foolish in the fond belief that there is a mutual cordiality between this bench and the bar that comes before it. We are not mistaken in the belief that whatever be the degree of respect and affection felt by the profession of this court it is due in the main to the official and persona) bearing and courtesy of Chief Judge Church to- ward counsel, and the confidence inspired by him."
Some of the judges of our appellate courts of the present day would make no mistake if they occasionally read and pondered these remarks of Judge Folger, and partienlarly that part of them which refers to "interpellant words" from member: of the bench. Counsel who have spent weeks or
months in the study of a case are always more familiar with the facts, and usually more familiat with the law than any judge can possibly become on a hasty inspection of the printed appeal book and briefs. Judges who are mnost pleased with their own discermuent, and whose voices are often- est heard from the bench in a self-satisfied assump- tion of universal knowledge, are pretty sure to be the ones into whose heads the facts and the law can hardly be successfully driven short of a trepan ning operation.
Judge Church was well known in public life before his election to the Court of Appeals. In 1842 he was elected a member of Assembly, in 1846 and 1847 district-attorney, in 1850 lieutenant-gov- ernor, in 1857 comptroller, and in 1867 a delegate to the convention for the revision of the constitu- tion.
George F. Danforth was born in Boston, Mass., July 5th, 1819. His parents, Isaae and Dolly Dan- forth. were natives of New Hampshire. Graduat- ing from Union college in 1840 he studied law in Rochester, was admitted to the bar in 1843, and began and continued the practice of his professiut here until his election to the Court of Appeals. He was unquestionably one of the ablest lawyers who have ever appeared at the Monroe county bat In 1829 he was nominated and elected judge of the Court of Appeals and served as such froir January 1st, 1880, to December 31st, 1890, when he retired on account of the constitutional limita- tion of age. His death occurred in the court- house at Rochester, September 25th, 1899.
The resolutions of the Monroe county bar, pre- sented to the Court of Appeals October 24, 1899, said of him, among other things: "His learning and ability as a judge are shown in his opinions published in the reports of the Court of Appeals; and it is safe to say that he maintained equal rank with the other members of that high tribunal." And Chief Judge Parker, in the course of his reply, said :
"There is something more than learning and ability displayed in thew opinions, however. They demonstrate that the untiring industry for which Judge Danforth was noted while at the bar in the preparation for trial or for argument was equally notable in his preparation for the decision of causes and the writing of opinions. We wish, of course, that he might have been longer spared to
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us, but we are glad that when death sought him, at eighty, it found him, as it might have at any other time after his admission to the bar, with his legal armor on and in the thickest of the battle."
On April 27th, 1846, Judge Danforth married Frances J., daughter of Orrin and Frances J. (Gold) Wright, of Pittsford, Mass. He left three children, Frances W. (widow of Henry F. Hunt ington), of Rochester; Jessie A. (widow of Charles E. Miller), of New York, and Henry G., a member of the Rochester bar.
William E. Werner was born in Buffalo. April 19th, 1855, and received his early education in the public schools of that city. He came to Rochester in 1877 and began reading law here, was admitted to the bar in 1879, and, in 1881, served as clerk of the Municipal court. He was elected special county judge of Monroe county in 1884, again in 1887, and, in 1889, county judge. In 1894 he was elected, without opposition, justice of the Supreme court for the seventh judicial district. In 1902, having been nominated for judge of the Court of Appeals in opposition to Judge John C. Gray, whe had been renominated by the Democrats after serving fourteen years, he suffered his first defeat for judicial office, but in 1904 he was again nomin- ated and was elected. Judge Werner gives every promise of upholding the high reputation which members of the Court of Appeals from Monroe county have gained.
In addition to those who have been elected judges of the Court of Appeals that court has had the services of the following justices of the Su- preme court from Monroe county: Samuel L. Selden in 1854, Theron R. Strong in 1858, E. Darwin Smith in 1862 and 1870, and William E. Werner from 1900 to 1905.
The old Court of Chancery had one represent:i- tive from Monroe county in the person of Fred- erick Whittlesey, of Rochester. In 1839 the busi- ness of the eighth judicial district had increased to such an extent that it was found necessary to appoint a new officer, called the vice-chancellor, to whom the equity business might be transferred Then, as on numerous occasions since, there was a lively rivalry between Buffalo and Rochester, Mil- lard Fillmore, afterward president of the United States, being urged for the position, but Mr. Whit- tlesey was chosen. From the time of his appoint- ment. April 16th, 1839, until the Court of
Chancery was abolished by the constitution of 1846, he held that office, discharging its duties in a very satisfactory mauner. He was nominated by the Whigs for judge of the newly established Court of Appeals, but failed of election. Soon afterward he received an appointment to the Supreme court, serving until the abolition of that court (as then constituted) in 1848. He died at Rochester, Sep- tember 19th, 1851. Judge Whittlesey left seven children : Frederick A., a prominent member of the Rochester bar, recently deceased ; Theodore H. deceased; T. Weed, of Rochester, deceased; W. Seward, now the postmaster of Rochester, after having been for many years the assistant in that office; the Misses Mary and Fannie Whittlesey, and Anna (widow of William S. Oliver), of Rochester.
We come now to the Supreme court of the state E. Darwin Smith read law in the office of Ebene- zer Griffin and became a member of the Rochester bar in 1834. He was elected justice of the Su- preme court in 1855, re-elected in 1862 (the terro then being eight years), and again in 18;0, for the term of fourteen years (under the amendment of article 6 of the constitution of 1846), retiring, on account of the constitutional limitation of age in 1876. As already noted, he served on the Court of Appeals in 1862 and 1870.
He was succeeded on the bench of the Suprenic conrt by George W. Rawson, who was elected in the fall of 1876, but whose term of service, beginning January 1st, 1877, lasted less than a year, being cut short by his death in December, 1877.
The vacancy caused by Judge Rawson's death was filled by the appointment of James L. Angle, who served until January 1st, 1879, when he was succeeded by Francie A. Macomber, who had been elected the preceding fall. In 1883 Judge Angle was again nominated for the office of justice of the Supreme court by the Democrats of the sev enth judicial distriet. It is usually much easier for a rich man to enter the kingdom of heaven than for a Democrat to be elected in the seventh judicial distriet, but in 1883 there was an upris- ing of the bar of the district in favor of the candi- dates of the Democratic party, Judge Angle and Judge George B. Bradley, of Corning, and they were both elected. Judge Angle served until .Jan- uary, 1890, when he was compelled to retire, har- ing reached the "dead line" of seventy years. In 1846 he married Eleanor C. Eaton. Two children
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survive, James M., of Rochester, and Anna M., wife of Ludwig Schenck, of Rochester. A third child, a son, died in infancy. Judge Angle's death occurred May 4th, 1891.
Judge Macomber, whose election to the Supreme court in 1878 has been mentioned, was re-elected in 1892 without opposition, having received a nomination from the Democrats as well as the Republicans. In 1888 he was appointed to what was then known as the general term of the fifth department, and continued a member of that cour! until his death, which occurred October 13th, 1893, after a protracted illness.
Judge Macomber was born in Alabama, Genesec county, April 5th, 1837, graduated from the Uni- versity of Rochester in 1859, and immediately began the study of law in the office of Judge Henry R. Selden, whose daughter, Mary, he afterward married. His second wife, a daughter of the late Isaac Butts of Rochester, survives him. There were two children of the first marriage (one of whom, Francis S., is a member of the Rochester bar), and three of the second, all of whom are living.
John M. Davy was nominated by both the Re- publicans and the Democrats in 1888, for the Supreme court, and received the largest vote ever cast, up to that time, for that office in the seventh judicial district. In 1902 he was again elected, having received a renomination from both parties. His second term, however, came to an end on the last day of December, 1905, in consequence of the constitutional limitation of age. Judge Davy was a native of Canada, having been born at Ottawa on the 29th day of June, 1835. His parents re- moved to this county when he was an infant, re siding in Mendon and Henrietta, where he r? ceived a common school education. He read law in Rochester, in the office of Strong, Palmer & Mum- ford, but before completing his studies he en- tered the army as first lieutenant of Company G, One Hundred and Eighth New York volunteers, serving until the winter of 1863, when he was honorably discharged because of ill health. He was admitted to the bar in 1863 and continued to practise his profession in Roches- ter until he became a justice of the Supreme court. He was district-attorney of Monroe county from 1868 to 1871, collector of the port from 1872 to 1875 and member of Congress from 1875 to 1877.
No judge ever performed the duties of his office more conscientiously than Judge Davy. He w :5 often assigned to duty in New York at the request of the members of the bar of that city.
On November 10th, 1893, George F. Yeoman was appointed by Governor Flower to the Supreme court, to fill the vacancy caused by the death of Judge Macomber, and took the oath of office November 15th, 1893. Judge Yeoman was a Re- publican and Governor Flower a Democrat, and the appointment was ereditable to both. Judge Yeoman did not receive the nomination from his party in 1891, so that he served only a little over a year. In that brief period, however, he left a record for ability and learning that has never been surpassed in this district.
Monroe county, which, thirty years ago, wie content with a single justice of the Supreme court now has three: Nathaniel Foote, appointed in place of Judge Werner, in 1904, aud elected in 1005; Arthur E. Sutherland, elected in 1905, and George A. Benton, elected in 1906. Justices Foote and Sutherland reside in Rochester and Justice Benton in Spencerport.
On the adoption of the constitution of 1894, which created Appellate divisions of the Supreme court in place of the old general terms, there war at once a spirited struggle over the location of the Appellate division of the fourth department, Ro chester, Buffalo and Syracuse all being candidate- for the honor. Rochester won the victory, and the sessions of the Appellate division of the fourth department have been held here ever since. But with this honor Rochester has had to be conten: No justice from the city of Rochester or from the county of Monroe has sat upon the Appellat. division, except temporarily, to fill a vacancy caused by the inability of one of the regularly ap- pointed justices to attend. The members of the first Appellate division of the fourth department were George A. Hardin, presiding justice, and David L. Follett, William H. Adams, Manly C Green and Hamilton Ward, associate justices. All of these are now dead. The present members of the court are Peter B. McLennan, of Syracuse, presiding justice, and Alfred Spring, of Franklin- ville; Pardon C. Williams, of Watertown; Fred- erick W. Kruse, of Olean, and James A. Robson. of Canandaigua, associate justices.
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The present justices of the seventh judicial dis- trict, in the order of their seniority, are as fol- Jowa: Adelbert P. Rich, of Auburn; James A. Robson, of Canandaigua; Nathaniel Foote, of Rochester; Arthur E. Sutherland, of Rochester; William W. Clark, of Wayland, and George A. Benton, of Spencerport. The death of James W. Dunwell, of Lyons, in June, 1907, left a vacancy to be filled in the fall election.
Rochester now has a member of the Court of ('laims in the person of Adolph J. Rodenbeck, wh" was appointed in 1903. Judge Rodenbeck is also chairman of the board for the consolidation of the statutes of this state.
Those who have held the office of county judge of Monroe county, or, as it was called prior to the adoption of the constitution of 1846, judge of the Common Pleas, are as follows: 1821, Elisha B. Strong; 1823, Ashley Sampson; 1826, Moses Chapin; 1831, Samuel L. Selden; 1837, Ashley Sampson; 1844, Patrick G. Buchan; 1852, Har- vey Humphrey; 1856, George G. Munger ; 1859, John C. Chumasero; 1868, Jerome Fuller ; 1878 William C. Rowley; 1884, John S. Morgan; 1889, John D. Lynn; 1890, William E. Werner; 1895, Arthur E. Sutherland; 1906, George A. Benton: 1907, John B. M. Stephens,
The office of special county judge of Monros county was created by chapter 368 of the laws of 1864. Those who have held that office are as fo !. lows: 1865, George W. Rawson; 1874, Pierson B. Hulett; 1880, John S. Morgan; 1884, Thomas Raines; 1885, William E. Werner ; 1890, John F Kinney; 1894, Arthur E. Sutherland; 1895, Geo. A. Carnahan; 1900, John B. M. Stephens; 1907 John A. Barhite.
The office of surrogate of Monroe county hat been filled as follows: 1821, Elisha Ely; 1823 Orrin E. Gibbs; 1835, Mortimer F. Delano; 1840, Enoa Pomeroy; 1844, Mortimer F. Delano; 1845 Simeon B. Jewett; 1847, Moses Sperry; 1852 Denton G. Shuart ; 1856, Henry P. Norton ; 1860). Alfred G. Mudge; 1864, William P. Chase; 1868, W. Dean Shuart; 1884, Joseph A. Adlington; 1896, George A. Benton ; 1906, Selden S. Brown.
The Municipal court of the city of Rochester was created in 1877, and, by the same act, the office of justice of the peace in the city was abolished, after the terms of those then holding the office had
expired. The jurisdiction of the court is much greater than that of a justice of the peace, so far as the amount in controversy is concerned, but is more limited, so far as the person of the defendant is concerned. There are two judges, and the name+ of those who have held the office are as follows: 1878 to 1881, John W. Deuel and George W. Sill: 1881, George W. Sill and George E. Warner; 1882 to 1894, George E. Warner and Thomas E. White; 1894, George E. Warner and George A. Carnahan ; 1895, George E. Warner and Heury W. Gregg: 1896 to 1898, Harvey F. Remington and John M. Murphy ; 1898 to 1904, John M. Murphy and Thomas E. White; 1904, John M. Murphy and Delbert C. Hebbard.
The office of police justice of the city of Ro- chester has been held as follows: 1834-36, Sidney Smith; 1836-40 and 1844-48, Ariel Wentworth; 1840-44, Matthew G. Warner; 1848-56, S. W. D. Moore; 1856-60, Butler Bardwell; 1860-65, John Wegman; 1865-73, Elisha W. Bryan; 1873-77 and 1881-85, Albert G. Wheeler; 1817-81, George Truesdale; 1885-93, Bartholomew Keeler; 1893- 1901, Charles B. Ernst ; 1902, John H. Chadsey.
'Though not, perhaps, strictly germane to a his- tary of the bench, lists of the county elerks and sheriffs of Monroe county, who are officers of the court, may be of interest. Ever since the adoption of the constitution of 1821 these officers have been elected by the people for the term of three years, sheriffs being ineligible to the next succeeding term. The lists are as follows:
County Clerks .- 1821, Nathaniel Rochester ; 1823, Elisha Ely; 1826, Simon Stone, 2d; 1829, William Graves; 1832, Leonard Adams; 1835, Samuel G. Andrews; 1838, Ephraim Goss; 1841, James W. Smith; 1844, Charles J. Hill; 1847. John C. Nash ; 1850, John T. Lacy ; 1853, W. Bar- ron Williams; 1856, William N. Sage, 1859, Dyer D. S. Brown; 1862, Joseph Cochrane; 1865, Geo. H. Barry : 1868, Charles J. Powers; 1871, Alonzo T .. Mabhett ; 1874, John HI. Wilson: 1877, Edward A. Frost: 1883, Henry D. McNaughton, 1886, Maurice Leyden : 1889, William Oliver; 1892, Kendrick P. Shedd ; 1898, Charles L. Hunt ; 1904, James L. Hotchkiss.
Sheriffs .- 1821, James Seymour ; 1823, John T. Patterson ; 1826. James Seymour; 1829. James K. Livingston ; 1832, Ezra M. Parsons; 1836, Elias Pond : 1838, Darius Perrin; 1841, Charles L.
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Pardee; 1844, Hiram Sibley; 1847, George Hart ; 1850, Octavius P. Chamberlain ; 1853, Chauncey B. Woodworth; 1856, Alexander Babcock; 1859, Hiram Smith; 1862, James HI. Warren; 1865, Alonzo Chapman; 1868, Caleb Moore; 1869, Isaac H. Sutherland, appointed vice Moore, deceased ; 1870, Joseph B. Campbell; 1873, Charles S. Campbell; 1876, Henry E. Richmond; 1879, James K. Burlingame; 1882, Francis A. Schoffel; 1885, John W. Hannan; 1888, Thomas C. Hodg- son ; 1891, Burton II. Davy ; 1894. John W. Han- nan; 1897, Jolin U. Schroth; 1900, Thomas W. Ford; 1903, Charles H. Bailey; 1906, William H. Craig.
CHRONOLOGICAL ROLL OF THE ROCHESTER BAR.
1812-21 .- John Mastiek, Hastings R. Bender, Roswell Babbitt, Joseph Spencer, Jesse Dane, Enos Pomeroy.
1821-27 .- Daniel D. Barnard, Rufus Beach, Sel- leck Boughton, Moses Chapin, Timothy Childs, Palmer Cleveland, John Dickson, Addison Gardi- ner, James H. Gregory, Ebenezer Griffin, Fletcher M. Haight, Isaac Hills, Anson House, Harver Humphrey, Richard C. Jones, Charles M. Lee, Vincent Mathews, Richard N. Morrison, William W. Mumford, Charles Perkins, Ashley Sampson, Samuel L. Selden, Elisha B. Strong, Theodore F. Talbot, W. C. Van Ness, Epliraim B. Wheeler, Frederick Whittlesey.
1834 .- William S. Bishop, Patrick G. Buchan, D. K. Cartter, Isaac R. Elwood, Simeon Ford, Hor- ace Gay, Theodore B. Hamilton, Orlando Hast- ings, E. Smith Lee, Thomas Lefferts, D. C. Marsh, Selah Mathews, Samuel Miller, William R. Mont- gomery, George H. Mumford, John C. Nash, Henry E. Rochester, E. Darwin Smith, Hestor L. Stevens, A. W. Stowe, Ariel Wentworth, S. T. Wilder.
1838 .- Graham H. Chapin, John C. Chumasero, Carlos Cobb, Mortimer F. Delano, James R. Doolit- tle. Joseph A. Eastman, Jasper W. Gilbert, Simon H. Grant, Sanford M. Green, Robert Haight, Alba Lathrop, Hiram Leonard, Abner Pratt, E. Peshine Smith.
1841 .- Charles Ayrault, S. W. Budlong, Charles Lee Clark, B. W. Clark, Samuel B. Chase, Jolin B. Cooley, John W. Dwinelle, I. S. Fancher, Wash.
ington Gibbons, Joseph D). Husbands, Ethan A. Hopkins, Elisha Mather, James M. Schermerhorn, E. T. Schenck, Hiram A. Tucker, Delos Went- worth, Ilenry M. Ward.
1844 .- Leouard Adams, Joel B. Bennett, Wil- liam Breck, Daniel Burroughs, Jr., James Camp- bell, George F. Danforth, George Dutton, jr., Alfred Ely, Herman B. Ely, Lysander Farrar, Hiram Hlaich, Thomas B. Husband, Henry Hunt- er, Nathan Huntington, Erastus Ide, Henry C Ives, Iliram K. Jerome, Leonard W. Jerome, Alex- ander Mann, Belden R. McAlpine, Thomas C Montgomery, Chauncey Nash, Martin S. Newton, John W. Osborn, Nicholas E. Paine, Stephen M Shurtleff, L. Ward Smith, Sanford J. Smith, John R. Stone, William C. Storrs, John Thompson, jr., James S. Tryon, John C. Van Epps, Horatio G. Warner, David L. White, Daniel Wood.
1845 .- James Abrams, James L. Angle, Charles Billinghurst, Seymour Boughton, Rufus L. B Clark, Frederick L. Durand, Samuel B. Dwinelle, Almon Gage, Christopher Jordan, George E. King. Daniel Marsh, Lewis H. Morgan, Hiram C. Smith, James E. Squire.
1849 .- Truman Abrams, Horace B. Adams, James Ames, Daniel B. Beach, Oliver M. Benedict, Samuel S. Bowne, Charles A. Bowne, James S. Bush, William P. Chase, Charles H. Clark, James C. Cochrane, William F. Cogswell, Zimri L. Davis, Frederick Delano, Alexander Ely, Lorenze D. Fez- ry, Edward W. Fitzhugh. Thomas Frothinghanı, Truman Ilastings, Luther H. Hovey, Calvin Hu- son, jr., D. Cameron Hyde, Kasimer P. Jervis, Byron D. McAlpine, Benjamin G. Marvin, Alfred G. Mudge, Thaddeus S. Newell, Chauncey Perry, Charles T. Porter, Edward A. Raymond, William A. Root, Henry Sargent, Henry R. Selden, Ebe- nezer B. Shearman, Anson Sherwood, Eliphaz Trimmer, Chauncey Tucker.
1851 .- William L. Brock, Philander M. Cran- dall, John B. Curtiss, Charles R. Davis, Gideon Draper, jr., William A. Fitzhugh, Albert M. Hast- ings, Jarvis M. Hatch, James G. Hills, Henry T. Johne, William H. MeClure, John H. Martindale, George W. Miller, James M. Miller, George G. Munger, Sylvester H. Packard, jr., William I. Parker, Charles H. Pierce, John N. Pomeroy, John I. Requa, W. Dean Shuart, John W. Steb- bins, Matthew G. Warner, jr., Frederick A. Whit- tlescy.
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1853 .- John J. Bowen, Phederus Carter, Philip I. Clum, Charles P. Crosby, Caleb S. Crumb, Geo. Ely, George Gardner, Issachar Grosscup, George H. Humphrey, Charles G. Loeber, John McCon- vill, George E. Mumford, George Murphy, Oliver H. Palmer, George W. Rawson, George P. Town- send, Henry E. White, Robert A. Wilson.
1855 .- George B. Brand, Isaac S. Hobbie, Charles W. Littles, D. W. Sherwood, Wells Taylor, Seth H. Terry. John Van Voorhis, Albert G. Wheeler.
1857 .- Theodore Bacon, Michael Canfield, Wi !- liam R. Carpenter, Byron G. Chappell, Andrew J. Ensign, Edward Harris, John H. Jeffres, George W. Johnson, Edgar Knickerbocker, E. S. Llewel- lyn, Alexander G. Melvin, William J. McPherson George T. Parker, Charles J. Powers, Charles K Smith, Vincent M. Smith, T. Hart Strong Joseph A. Stull, Seymour G. Wilcox, Charles C. Wilson.
1859 .- William H. Andrews, Daniel L. Angle, Almon B. Benedict, Henry C. Bloss. T. B. Clark- son, John Craig, Oscar Craig, S. C. Crittenden. George P. Draper, James S. Garlock, Pierson B. Hulett, Abram H. Jones, James W. Kerr, David Laing, Charles P. Landers, J. H. McDonald, John A. McGorry, B. G. Marvin, Henry S. Redfield. Geo. E. Ripsom, William C. Rowley, T. D. Steele, John W. Tompkins, George Truesdale, Quincy Van Voorhis, John B. Vosburg, Homer H. Wood- ward.
1861 .- Charles S. Baker, Thomas K. Baker, Hiram S. Barker, James D. Brown, William S. Campbell, DeLancey Crittenden, Samuel J. Crooks, Joseph Deverell, Seth Eldridge, DeWitt C. Ellis, Henry B. Ensworth, Philip Hamilton, Byron M. Hanks, Frank W. Hastings, Harmon S. Hogo- boom, Kneeland J. Macomber, Walter Hurd, Wil- liam S. Ingraham, Henry B. James, Francis A. Macomber, Abel Meeker, William Powell, D. P. Richardson, William H. Rogera, Jesse Shepherd. Theron R. Strong, Andrew J. Wilkin.
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