History of Steuben county, New York, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 16

Author: Clayton, W. W. (W. Woodford)
Publication date: 1879
Publisher: Philadelphia, Lewis, Peck & co.
Number of Pages: 826

USA > New York > Steuben County > History of Steuben county, New York, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 16

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ASSISTANT ATTORNEY-GENERALS.

This was the original designation of the office of distriet attorney. The districts embraced several counties, and were seven in number (Aet Feb. 12, 1796). The office was filled by the Governor and Council during pleasure. The attorney-general officiated personally in New York County. The following were the persons appointed under this act for Steuben County and the territory then constituting the Sixth District :

William Stewart, appointed March 31, 1796. Nathaniol W. Howell, “ Feb. 9, 1797.

DISTRICT ATTORNEYS.

The office of district attorney was created April 4, 1801. At first the State was divided into seven districts, as before, but subsequently several new ones were formed. The fol- lowing were district attorneys in the Seventh District, in- cluding Steuben County :

William Stewart, appointedl March 2, 1802.

Daniel W. Lewis,

March 9, 1810.

William Stewart, Feb. 12, 1811.

Vincent Matthews,

March 12, 1813.

Daniel C'ruger, April 17, 1815.

On the 21st of April, 1818, a law was passed making cach county a separate district. The names of those hold- ing office under this law are as follows :

Daniel Cruger, appointed June 11, 1818. John Cook,

Feb. 19. 1821.

Henry Welles,

Oct. 22, 1824.

Edward llowell,

Feb. 7, 1829.

B. W. Franklin,

- 1834.

Edward Howell, .. June 21, 1836.

Lazarus II. Read, Mareb 4, 1940.

Andrew G. Chatfield, " Dec. 2, 1845.

Morris Brown, 44 June 20, 1846.

Under the constitution of 1846 and the amended con- stitution of 1867, district attorneys have been elected as follows :

Alfred P. Ferris, eleeted June, 1847.

Robert L. Brundage,

November, 1850.

Joseph llerron, 4 6 November, 1853.

John Maynard,

January 7, 1856.

Chris. John MeDowell,

November, 1859.

Ilarlow Ilakes, .. November, IS62.

- 1865.

John H. Butler,# appointed John 11. Butler, elected November, 1865.

John 11. Butler,

November, 1868.

Alphonso Il. Burrell. =

November, 1871.

Ellsworth D. Mills, November, 1874.

Ellsworth D. Mills,

November, 1877.

COUNTY JUDGES.

During most of the time under the first constitution the number of judges and assistant justices in the various counties differed widely, in some counties the number being as great as twelve of each. By an act passed March 27,

1818, the office of assistant justice was abolished, and the number of judges was limited to five, including the first judge. Under the constitution of 1821, the judges were appointed by the Governor and Senate. Under the consti- tution of 1846, they are elected for a term of four years, and their salary fixed by the Boards of Supervisors. The County Court has, under the present constitution, jurisdic- tion in actions of debt, assumpsit, and covenant, in sums not exceeding one thousand dollars, and such other original jurisdiction as the Legislature from time to time shall give it. The Legislature under this provision has eouferred upon the County Court equity jurisdiction for the fore- closure of mortgages, the sale of the real estate of infants, partition of lands, admeasurement of dower, satisfaction of judgments wherever seventy-five dollars is due on an un- satisfied execution, and the eare and custody of lunatics and habitual drunkards.

The constitution associates with the county judge two justices of the peace, to be designated by law, to hold courts of sessions, with such criminal jurisdiction as the Legisla- ture shall prescribe, and perform such other duties as may be required by law.

The following have been the county judges who have officiated in Steuben County :

Charles Williamson, March 31, 1796. William Kersey. Jan. 29, 1803.

James Faulkner, Feb. 16, 180-1.

Samuel Baker, Jan, 18, 1813.

Thomas MeBurney, April 15, 1816.

James Norton, Feb. 7, 1823.

George C. Edwards, Jan. 13, 1826.

Ziba A. Leland, Jan. 9, 1838.

Jacob Larrowe, April 17, 1843.

William M. Hawley, Jan. 30, 1846.

David McMaster, June, 1847.

.Jacob Larrowe, November, 1851.

David McMaster, November, 1855. Washington Barnes, November, 1859.

Guy Il. MeMaster, November, 1863. Guy H. McMaster, November, 1867.

George T. Spencer, November, 1871. Guy II. MeMaster, November, 1877.

SURROGATES.

Under the first constitution, surrogates were appointed for an unlimited period by the Council of Appointment. An appeal lay from their decisions to the judge of the Court of Probate of the State. Under the second constitution, surrogates were appointed by the Governor aud Senate for four years. Appeals lay from their decision to the chan- cellor. The constitution of 1846 abolished the office of surrogate, except in counties where the population exceeds forty thousand, and devolved its duties on the county judge. In counties exceeding in population forty thousand, the Legislature may authorize the election of surrogates. They are elected for a term of four years (except in New York County, where the term is three years), and are allowed to take the acknowledgment of deeds and administer oaths in the same manner as county judges (ch. 175, Laws of 1851).

The duties of surrogate have been performed in this county by the county judge since 1847. Prior to that time the office was filled by the following-named persons :

# Appointed vice Herron, removed from the county.

HISTORY OF STEUBEN COUNTY, NEW YORK.

Stephen Ross. March 31, 1796. Ilenry A. Townsend, March 24, 1800. George McClure, March 25, 1805. John Metcalfe, April 6, 1813. James Read, April 8, 1815. Samuel Baker, April 10, 1817. William Read. March 20, 1821. James Brundage, March 28, 1823. William Woods, Jan. 8, 1827. Robert Campbell, Jan. 31, 1835. David Rumsey, Jan. 24, 1840. Ansel J. McCall, Feb. 3, 1844.

CHAPTER XV.

BENCH AND BAR OF STEUBEN COUNTY.

THE establishment of a county and the location of a seat of justice bring in due time a bench and bar. Stenhen had no lawyers till the county was organized in 1796. The first arrival was George D. Cooper, from Rhinebeek, on the Hudson. He was appointed the first clerk of the county. The next arrivals were Messrs. Jones, Masterton, and Stewart, from New York City. These gentlemen of the legal profession were followed by William Howe Cuyler, of Albany. Mr. Cuyler was a fine, portly, elegant young man, of very fashionable and fascinating manners of the Chesterfieldian order. In 1812, Gen. Amos Hall appointed him aide-de-camp, and while stationed at Black Rock he was killed by a cannon-ball from Fort Erie. Maj. Cuyler was a very active and intelligent officer, and his death was much lamented. He left a young wife and one son.

According to Gen. McClure's account, the next lawyer who came to Bath was Dominick Theophilus Blake, a young man from Ireland. He was well educated, but his dialect and manner of speech afforded much amusement for the other members of the bar. Mr. Blake had but little practice, and remained in Bath but a short time.

Samuel S. Haight, Esq., prior to his removal to Angelica, Allegany Co., was a prominent member of the Steuben County bar. He removed from Elmira to Bath, where he acquired an extensive law practice. Hon. Daniel Cruger, William B. Rochester, and other eminent members of this bar, studied law in his office.

Among the early lawyers was a Virginian, named Cuth- bert Harrison, whom Gen. MeClure describes as a " man of good sense, and, whether drunk or sober, a good-natured, clever fellow."

The following amusing anecdote, which was contributed by a member of the Steuben County bar to the " Knicker- boeker Magazine," is said to relate to Judge Helm, who resided at an early time in Bath, and became one of the judges of the Court of Common Pleas :

" Among them was a jolly old Virginian, Judge HI-, a sportsman of the old school of buff breeches and fair top-boots, well known throughout the country for genial habits and generous hospitality. He had been appointed a judge of the Court of Common Pleas. Though little versed in legal technicalities, he possessed a fund of genuine common sense, which made him a good judge. On one occasion, in the absence of the first judge, it fell to him to

charge the grand jury. The substance of the charge, so characteristic of the man and of his opinions, is here given : "' Gentlemen of the Grand Jury :- Iu the absence of the first judge, it becomes my duty to address you. If you expect much of a charge, you will be disappointed, as it will be nothing but a squib. I see among you many gentlemen who understand the duties of grand jurors better than I do. I need only say, then, you know your duties, go ahead and perform them. The sheriff has handed me his criminal calendar, by which it appears he has five poor devils in jail for various offenses; two of them are for horse-stealing. Now, gentlemen, there are grades in erime, and common sense would indicate that the punishment should be in proportion to the criminality of the offense, as exhibited by the circumstances of each case. That I suppose is the law ; if it is not it ought to be so. You will understand what I mean by this, when I inform you that one of these scamps stole a slab-sided Yankee mare, while the other took a Virginia blood-horse. Two others are indicted for mayhem. One of them for biting off a negro's nose, which I think exhibits a most depraved appe- tite ; the other for gouging out an Irishman's eye, a most ungentlemanly way of fighting. I hope you will look well to these fellows. The last is a poor cuss who stole a jug of whisky. The article is so plenty and cheap that it may be had by asking, anywhere, and stealing it is the meanest kind of offense, and deserves the severest punishment that the law will permit. The great men at Albany have made it our special duty to charge you in regard to private lot- teries. What is the mighty crime involved in this business I cannot see, when hustling and pitching coppers is tolerated ; but I suppose they know, and as the law makes it our duty, I charge you to look out for them. Sheriff, select two constables, and march these men off to their duties.'"

IION. VINCENT MATTHIEWS.

Vincent Matthews, who was for several years a leading member of this county bar, was born in Orange Co., N. Y., on the 29th of June, 1766. At an early age he was sent to an academy at Middletown, N. Y., and finished his classical education under the instruction of the great scholar and lexicographer, Noah Webster. In 1786 he commenced the study of law with Col. Robert Troup, of New York, and during his studies became intimate with Pendleton, Judge (afterwards Governor) Yates, Chief Justice Morris, Aaron Burr, and others whose names form a brilliant con- stellation in the history of New York jurisprudence. He thus had rare opportunities, it being his privilege to see how justice was administered by Morris, Yates, Spencer, Kent, and Savage, and how forensic questions were managed by such master minds as Hamilton and Burr.

Matthews was admitted to practice in the year 1790, and remained some time with Col. Troup. In 1793 he removed to Elmira. In 1796 he represented the Western District in the Senate of the State. Soon after he retired from the Senate he was appointed, with Hon. James Emott, a mem- ber of the Onondaga Commission to settle the difficulties growing out of conflicting claims and litigations respecting the Military Lands, a delicate and trying position, the duties of which were discharged with signal ability and success.

HISTORY OF STEUBEN COUNTY, NEW YORK.

In 1809, Mr. Matthews was elected to the Eleventh Con- ress from the then Fourteenth Congressional District, which onsisted of Cayuga, Seneca, Steuben, and Tioga Counties. Ie served one year in Congress, and returned to the practice f his profession. In 1812 he was elected district attorney or several of the western counties, and representing a large phere of official aud professional labor. After holding the ffice a little over two years, his increasing professional busi- ess compelled him to resign, and his place was filled by fen. Daniel Cruger, of Bath. In 1816, at the solicitation f numerous friends in Steuben County, Gen. Matthews emoved to Bath. Here his popularity continued to increase, nd he soon became oue of the most distinguished lawyers Western New York. In 1821 he removed to Rochester, here his reputation as a lawyer had gone before him, and bere he entered upon a large and lucrative practice, which e continued for the remainder of his active life.

Gen. Matthews served in the Legislature, from Monroe County, in 1826, in the Senate in 1839, and was ap- ointed district attorney for that county in 1831. He was sagacious, philosophieal, and profound man, and an able wyer, though never an active politician. He died on the 6th of September, 1846, in the eighticth year of his age, aving practiced his profession fifty-five years without terruption excepting his official terms.

GEN. DANIEL CRUGER.

Daniel Cruger, whose ancestors were Huguenots, was a ative of Sunbury, Pa. He was born on the 22d of December, 1780. He learned the printer's trade in his oyhood of a Mr. Webster, one of the earliest printers in Albany, and afterwards started a paper at Owego, called the" )wego Democrat, which he edited and published for a hort time, when he sold his interest and came to Bath, his ther having previously removed here. For a while he ursued his occupation in Bath, but it proving injurious to is health, he entered the law-office of Gen. S. S. Haight s a student, with whom he continued till he was admitted the bar in 1805, when he became a partner with Gen Iaight.

About this time he was married to Miss IIannah 'lement, a niece of Henry A. Townsend, Esq., a lady of rcat refinement, intellectual culture, and graceful accom- lishments, who subsequently was as much admired in the olished and refined circles of Washington and Albany, as er husband was esteemed and honored among the gifted tatesmen and lawyers with whom he associated in those ities. ITis ability as a lawyer soon exhibited itself, and he ecame, within a few years after the commencement of his ractice, one of the leading lawyers at the Steuben bar.

Mr. Cruger served with the rank of major during the ar of 1812, and did gallant service with Gen McClure's rigade in Canada. In the fall of 1813 he was elected to he Assembly. In 1814 he was re-elected, and also in 815, and during this latter session was chosen Speaker f the House. It was a memorable contest between the Republican and Federal factions. Jacob R. Van Rensselaer as the Federal candidate. So nearly divided were the actions in the House, that Mr. Cruger was elected by a majority of only one vote. He was a most efficient presid- 9

ing officer. It has been said, " Perhaps few men ever presided over a legislative body with more dignity and ability. He was a man of extensive and profound informa- tion, thoroughly conversant with parliamentary rules, quick of apprehension, and he perfectly understood the rules of debate; without any apparent reflection he could apply them to existing circumstances with perfect facility. His courtesy aud urbanity in the chair were proverbial, and, notwithstanding the bitter animosity which governed the partisan strife of that day, he was exceedingly popular as a presiding officer."

In 1815, Mr. Cruger formed a partnership with Hon. William B. Rochester, of Bath, subsequently one of the circuit judges of the State, an eminent and distinguished politician, a lawyer of fine legal attainments, a judge of superior abilities, a gentleman by birth, intuition, and prac- tice, a scholar, ripe and thorough, and an ornament to the bench, the bar, and the political arena. It is needless, perhaps, to add that the combination of such talents in this legal firm rendered it one of the most powerful and influen- tial in Western New York.

On the 7th of April, 1815, Gen. Cruger was appointed district attorney for the Seventh District, consisting of the counties of Steuben, Allegany, and Tioga. The office of district attorney was at that time second only in importance to that of attorney-general, and it was while in the dis- charge of the duties of this office that Gen. Cruger attained his highest professional reputation. Through a series of years he wielded an influence in the counties of Allegany and Steuben almost unbounded.

In the fall of 1816 he was elected to Congress from the then Twentieth Congressional District. Here his talents were not less couspienous than they had before been in the State Legislature. He served in the House of Representa- tives as a member of the committee on the judiciary, and made several speeches, which attracted more than ordinary attention and won for him a high degree of respect.

When De Witt Clinton was removed from the office of canal commissioner, meetings were held throughout the State, denouncing the act in the strongest and most em- phatic manner. When the intelligence reached Steuben County a large meeting convened at Bath. It was the largest meeting which, up to that time, had ever assembled in this part of the State. Gen. Cruger was called to pre- side. On taking the chair he made one of his character- istic speeches,-a speech of great power and effectiveness, although entirely destitute of any attempt at oratorical display. It was the calm and dignified expression of his own deep feelings, rendering his plain words penetrating and enduring. Among other things he said: " Private citizens have rights as well as duties. The Legislature is but a co-ordinate branch of government, instituted for one and a single end, the duty of making laws. When it is perverted to other objeets, to purposes of ambition or party spirit, we are authorized, we are bound to make such oppo- sition as shall call it back to a discharge of its proper duties, to endeavor to render it as pure as the imperfections of our nature will admit. Fellow-citizens, that the Legislature, in the removal of Mr. Clinton, has perverted its powers to party spirit, party rancor and hate, will be admitted by all

HISTORY OF STEUBEN COUNTY, NEW YORK.

reasonable and thinking men. No prophetic inspiration tells that the people of this great State will surely vindi- cate him. I assert that they will do so, because I claim to know something of the people of this State. Fellow-citi- zens, the day will come when shame and confusion will fall upon the heads of the perpetrators of this outrage."

Any measure which became necessary for him personally to carry into execution was never delayed on account of darkness or the elements. In such cases sunshine and tem- pest, day and night were all the same to him. The follow- ing incident illustrates this characteristic, and evinces a greatness of action which, had he been a military comman- der, would, in times of war, have rendered him formidable and victorious in the field :

While in the discharge of his duties as district attorney under the large district system, he left Bath to attend a term of the Allegany Oyer and Terminer at Angelica. At that day lawyers as well as judges traveled from circuit to circuit on horseback. In those days Cruger was the owner of a valuable horse which he called Jingle Foot. He was a large bay animal, with a white star in his forehead, finely proportioned, and like his master, with whom he was a great favorite, capable of great endurance. He was as fleet as a deer and docile as he was fleet. Jingle Foot had for two or three years carried his master to all the courts in West- ern New York, and was therefore almost as famous as the stecd of Alexander the Great. On this visit to Angelica, Gen. Cruger, as usual, rode his favorite horse. He reached that village some time in the afternoon of the first day of the circuit. On his arrival he found his Democratie friends in a state of great vexation, owing to an advantage which the Federals had apparently gained over them.

About this time the term of the clerk of Allegany County, who was a Republican, was drawing to a close. That officer was then appointed by the Council of Appointment at Albany, which at that time was composed of Democrats (Republicans, as they were then called), and of course would appoint any person upon whom the leaders of that party in Allegany County could unite. This council was to meet on Thursday of that week, but as there had been some misunderstanding among the Democrats as to the proper person to recommend, no name had been sent to Albany. But in the mean time the Federals had been on the alert, and taking advantage of the misunderstanding among their opponents, had forwarded the name of one of their own party for the office of clerk to the council. This fact had just come to the knowledge of the Democrats when Cruger arrived. The partisan contests of those days were bitter in the extreme. The appointment of a clerk was a matter of considerable advantage, and of course this was a serious affair, especially as it was now apparently too late to remedy the evil.

Nothing could exceed the chagrin and mortification of Cruger on learning of this state of things. In a few moments his room was filled with the leading Democrats of the county. A Federal clerk in the county of Allegany ! Such a thing was not to be thought of for a moment ! But where was the remedy ? It was too late for any mail to reach Albany in time to prevent the appointment. For a time Mr. Cruger walked the room in a state of intense ex-

citement. At length he sent for the landlord, and that person soon made his appearance.

" Bullock," said Cruger, " have Jingle Foot well rubbed, fed, saddled and bridled within an hour and a half."

He then sent for Gen. Ilaight, who was attending court at Angelica at that time. When that gentleman appeared he said,-

" General, I want you take charge of my business during this term ; put over what causes you can and try the rest, for I am going to Albany."

" Going to Albany !" exclaimed several gentlemen at the same moment.

" Going to Albany, Cruger ? What can you be going to Albany for?" asked Gen. Haight.

"To prevent this county being disgraced by a Federal clerk," was the reply.

" Why, good heavens ! Cruger," said a gentlemau present, " you can't reach Albany in time to prevent that appoint- ment now."

" Yes I can. Jingle Foot will land me safely in Albany between this and Thursday noon, or I am mistaken in him ; at any rate, he and I will make a trial to overturn the nice plans of these iufernal Federalists," said Cruger.

Ile next gave the general some further instruction con- cerning his business, and in due time word came that Jingle Foot was ready at the door.

This was in the month of June. The sun was just going down as Mr. Cruger mounted his horse and rode out of the village. Night and day, over bill and dale, he pressed forward, stopping just long enough for refreshments and a little rest. Jingle Foot seemed imbued with the same deter- mined energy as his master,-seemed to gather fresh strength as he sped on his course. Such was his progress that just as the old Albany town-clock tolled the hour of noon of Thursday Cruger drew up in front of the City Hotel.

" Take such care of that horse as you never did of any other," said he to the hostler, who came forward as he rode up; and the uoble animal was soon safe in the comfortable stables of the hotel.

At the appointed time the Council of Appointment assem- bled. As Allegany County was the first on the list, that body was in the act of moving the person recommended by the Federalists for clerk of that county, when Daniel Cruger, to their great astonishment, stood before it. He was not long in relating the true situation of affairs in that remote region, and matters were soon arranged to his satis- faction. After resting a day or two in Albany, he again mounted Jingle Foot, returned to Angelica, and the Demo- crats of Allegany County rejoiced in the appointment of a clerk belonging to their own party, having learned a lesson which healed all dissensions among them.

In person, Gen. Cruger was below the common height, somewhat thick-set, but with a manly, gentcel figure and bearing. He was graceful and easy in his manners, and his conversation was refined and cultivated. Both himself and Mrs. Cruger possessed that genial hospitality which always filled their house with intelligent and pleasing guests. During the session of the courts at Bath their house was always the headquarters of the judges who presided. There Ambrose Spencer, Yates, and Van Ness rested from their

HISTORY OF STEUBEN COUNTY, NEW YORK.

bors in the court-room ; there too John C. Speneer, Elisha Villiams, Samuel A. Taleott, John A. Collier, David Wood- ock, and other eminent lawyers of the day, forgetting the ollisions of the bar, were entertained by Mr. Cruger and is accomplished lady, while many an agreeable hour passed y enlivened by pleasing and refined conversation.

It was the custom in those days, when a presiding judge rrived at a county-seat, to receive him with publie honors ; ud when the hour for the session to open arrived, the sheriff, full uniform, attended by his assistants, carrying their espeetive badges of office, waited upon him at his lodgings nd escorted him to the court-house. In the court-room verything was condneted in the same formal manner.

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History of Steuben county, New York, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 16

Author: Clayton, W. W. (W. Woodford) Publication date: 1879 Publisher: Philadelphia, Lewis, Peck & co. Number of Pages: 826

Author: Clayton, W. W. (W. Woodford)
Publication date: 1879
Publisher: Philadelphia, Lewis, Peck & co.
Number of Pages: 826