History of Steuben county, New York, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 17

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 17

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In 1828, Gen. Cruger sustained an irreparable misfortune the death of his wife. In 1833 he married Mrs. Shep- rd, a highly-respected widow lady, of Wheeling, W. Va., here the general invested his property, and went to reside hortly after.

Early in June, 1843, while attending a meeting of the irectors of Wheeling Bank, he was stricken down with poplexy, and died within a few moments after the attack.

JUDGE WELLES.

Henry Welles was born in Kinderhook, N. Y., Oct. 13, 794. His father was Dr. Benjamin Welles, who was an minent surgeon in the Revolutionary army. Henry re- eived his early edneation at the Kinderhook Seminary. n 1814 he enlisted in a military company recruited in the onnty of Steuben and commanded by Capt. John Ken- edy, of Bath. He was elected sergeant, and soon after, or his knowledge of tacties and military drill, was promoted the rank of ensign. His company was attached to Col. Hopkins' regiment of infantry, and, early in July, took he field, at Black Rock.

In September, 1814, the American army took possession f Fort Erie. The British besieged the fort, keeping up a onstant fire for several days, and, at the same time, grad- ally approaching with their parallels, so that the officer in ommand congratulated himself that within a few short ours he would re-enter with his victorious columns. But n the morning of the 17th of September the Americans uddenly moved from their works, fell like a thunder-clap pon their besiegers, and, after a short but sanguinary attle, drove them from their works to the plains of Chip- ewa, with a heavy loss in killed, wounded, and prisoners. In that battle young Welles exhibited the cool intrepidity f a veteran. As they were entering the works of the nemy, a British soldier discharged his musket at him. The bullet grazed his side and mortally wounded a yonng oldier who stood partly in the rear.

About the middle of November, 1814, he returned to Bath, and entered the office of Vincent Matthews as a tudent-at-law. His father had made the acquaintance of his eminent lawyer in the city of New York while the etter was pursuing his legal studies in the office of Col. 'roup, of that eity.

After remaining in the office of Gen. Matthews three ears, he was admitted to the bar, in October, 1817, with Ion. John B. Skinner, of Buffalo, who was also in the elass with him, three years later, when they were both admitted

to the degree of counselor. Subsequently, they often met at the bar as opponents, and were often associated in the trial of the same causes.

Immediately after his admission, Mr. Welles opened an office in Bath and comneneed practice. Applying himself with untiring industry to his profession, he soon attained a very extensive practice both in Steuben and the adjacent counties.

Among the lawyers practicing at the Steuben bar when Mr. Welles commeneed his career were Vincent Matthews, William B. Rochester, Edward Howell, Daniel Cruger, General Haight, and William Woods,-names which dis- tinguish and adorn the bar. Soon after, Mr. Matthews removed to Rochester. Early in 1823, Mr. Rochester was appointed a circuit judge, and Mr. Cruger was in Congress. Thus many formidable competitors were removed, leaving Mr. Welles a more open field of labor.

In October, 1824, he was appointed district attorney of Steuben County,-an appointment which was highly com- plimentary to him as a lawyer. ITis predecessor was Daniel Cruger, who was distinguished throughout Western New York as a lawyer and writer, eminent in Congress for his legislative abilities of a high order, and a politician of in- domitable energy and power. His life appears in another part of this chapter.

Soon after Mr. Welles was appointed district attorney, a case occurred which called into action all his professional and intellectual powers. It was the well-known case of the People vs. Douglas. The defendant in that case was charged with having murdered a citizen of Steuben County by the name of Ives, under circumstances of great atrocity and cruelty. The victim was found in a piece of woods mor- tally wounded, in a speechless and dying condition. Who the perpetrator of the foul crime was, remained for some time unknown. At length suspicion pointed to Douglas ; he was arrested, indieted, and in January, 1825, brought to trial. The matters relied upon for convicting him were merely eirenmstantial, but they pointed to him as the guilty man. The prisoner had many friends and some means. He prepared for a vigorous and determined defense. Hon. Edward Howell, Ziba A. Leland, and Schuyler S. Strong, Esqs., of Bath, were retained to defend him ; the proseen- tion being conducted by District Attorney Welles. The trial occupied several days, and was exceedingly exciting. Hon. William B. Rochester presided, assisted by Hon. James Norton, then First Judge of Steuben County. Every effort was made to save Douglas which his eloquent and able counsel eould employ ; many abstruse and diffienlt questions of law arose and were discussed ; many thrilling eireumstanees were developed, in all of which Mr. Welles exhibited ability and learning equal to the occasion. The accused was convicted ; but, on the trial, a circumstance oe- curred which set aside the verdict of the jury, and gave him a new hearing. While the trial was in progress, dur- ing one of its recesses, the jury visited a place where spirit- uous liquors were sold and partook of refreshments, some of them drinking intoxicating liquors. The counsel for Douglas alleged this act as a ground of error. The ease was carried to the general term of the Supreme Court, and on the 25th of February, 1825, it eame on for argument at

HISTORY OF STEUBEN COUNTY, NEW YORK.

Albany. The conviction was set aside, and a new trial granted the prisoner. This case is reported in the 4th of Cowen. In due time the new trial took place, and the prisoner was convicted and executed.

Judge Welles continued to discharge the duties of dis- trict attorney until the year 1829, when his increasing civil business compelled him to resign. Hon. Edward Howell was appointed in his place. Mr. Welles continued to prac- tice at Bath ten years, when he removed to Penn Yan, where he continued to practice with success and distinction until elected a justice of the Supreme Court.

As a lawyer he was not one of those

" Who pit the brains against the heart, Gloss inisdeeds and trifle with great truths."

At the bar he gained the attention of the court and jury by the calm, candid manner in which he presented his case. Though not a rapid thinker, and sometimes slow in coming to conclusions, yet such was the perfect preparation which he gave his cases that he was always formidable as an antag- onist. He was like a heavy piece of artillery, not easily changed about, but always well and effectually aimed. ITis manner is well illustrated by the following anecdote: He was once engaged in the trial of an important cause, at Waterloo, in which the counsel opposed to him made an exhibition of his eloquence, and, in his conceit, a sarcastic allusion to the plain speaking of his opponent. In his reply Mr. Welles simply remarked that he never attempted the flights of oratory which the counsel opposed to him did; and he could only say of him, as Junius did of the king, "The feathers that adorn him support his flight ; strip him of his plumage and you fix him to the earth," and that he should endeavor in a quiet way to take some of the gentleman's plumage from him,-just enough, he trusted, to keep his good friend out of the elouds; and he succeeded to the admiration of all present.

In July, 1847, the first judicial election under the con- stitution took place. In the Seventh Judicial District, Thomas A. Johnson, of Corning, Henry Welles, of Penn Yan, Samuel L. Seldon, of Rochester, and John Maynard, of Auburn, were elected justices of the Supreme Court. These gentlemen were lawyers of the highest and purest professional character. As they had adorned the bar with their learning and talents, so also they added lustre to the bench, which since the adoption of the first constitution had been the admiration of the nation. For over thirty years the judges of the Seventh District have upheld the learning, dignity, and purity of the Supreme Court of the State of New York.

Judge Welles discharged the duties of a justice of the Supreme Court nearly twenty-one years. The legal reports of the State bear ample testimony to his ability and research. It is said, " He entered upon the discharge of his duties with great industry and directness of purpose, and the student of the carlier volumes of 'Barbour's and Howard's Reports' will find the traces of his judicial labor to be quite as numerous and quite as valuable as those of any other member of the court."

Judge Welles died at Penn Yan, March 7, 1868, in the seventy-fourth year of his age.

HON. THOMAS A. JOHNSON.

IIon. Thomas A. Johnson was born in Blanford, Hamp- den Co., Mass., May 15, 1804. His paternal ancestry was English, and his maternal Irish. His father was a small farmer, and his advantages for education were such only as the common schools afforded. In his early boyhood his parents removed to Colesville, Broome Co., N. Y. As soon as he was old enough, he spent his winters in teaching district school aud in reading and study. Ile studied law with Ilon. Robert Monell, at Greene, Chenango Co., N. Y., and soon after admission to the bar he removed to Centre- ville, in the present towu of Corning, which was then head- quarters for business in this region. As business moved eastward, he removed to Knoxville, and in 1839 became one of the first residents of the village of Corning, build- ing one of the best houses in the place at its commence- ment, in which he resided till the time of his death. He always took an active interest in building up and fostering the various business and social interests of the village.

In 1841 he was appointed land commissioner for the Erie Railroad Company. With Simeon Hammond, now of Nuuda, Livingston Co., N. Y., under the firm-name of Hammond & Johnson, he was half-owner of the water- power and mill property just east of Corning, and was in- terested in the same at the time of his death, as one of the firm of Johnson, Brough & Bostwick. Until his elevation to the bench he was in the active and constant practice of his profession.

IJe was a Whig, of Free-Soil proclivities, and afterwards a Republican throughout his life. He was one of the first trustees of the school district in the village of Corning, and during his life an earnest promoter of education. He was, from its opening till his death, one of the trustees of the Elmira Female College. The town of Corning being Whig, he was chosen to a full share of the town offices. The county, senatorial, and Congressional districts were largely Democratic, yet he had the courage to accept at various times a nomination by his party for the Senate and Congress, and stumped the district with great ability, al- though without success in securing his election.

In 1847 he was elected by the Whigs to the office of justice of the Supreme Court for the Seventh Judicial Dis- trict under the then new constitution. This county was included in the district by the active efforts of three men, who admired Mr. Johnson for his staunch advocacy of Whig principles, and were determined that Steuben County should be placed iu a strong Whig district, so that he eould be elected justice of the Supreme Court. These three were Hon. William Divin, member of Assembly (a resident of Reading, then in Steuben County) ; Hon. Francis H. Rug- gles, a senator from Chautauqua County (subsequently a resident of Corning) ; and Hon. Ira Harris, senator from Albany. Mr. Johnson's personal friend, Mr. Divin, with- out his knowledge, enlisted the two seuators in the project, which was carried through without regard to geographical fitness, as the county of Steuben jutted southward to the Pennsylvania line.

Judge Johnson was re-elected when his term expired, and twice afterwards, and thus held the office for twenty-

Just. Johnson

HISTORY OF STEUBEN COUNTY, NEW YORK.

ve years. At the time of his death he was the senior istice of the Supreme Court of the State of New York. During the latter part of his life, he was one of the justices esignated to hold the general term of the Supreme Court the fourth department.

As a judge, no man of the past or present generation has een held in higher esteem for his integrity and judicial bility. ITis talents and character, which made him prom- ent and successful at the bar, also gave him distinction id honor on the bench. He received the honorary degree LL. D. from Hobart College, Geneva.

HIe was a member of the Episcopal Church, of the tenets and service of which he was an ardent advocate. At the me of his death, and for many years previous, he was a arden of Christ Church, Corning, and was the largest ontributor to the erection of its present church edifiec.

He was, in an enlarged sense of the term, a friend of his llow-man, and was ever among the foremost in enterprises aving for their object the amelioration of human suffering. lence, at an early day, being duly impressed with the isery and degradation resulting from habits of intemper- oce, he became active in the cause, and was among the arliest advocates of the total abstinence pledge as the basis f temperance reforms. And during his long career of ublic life he maintained a strict and consistent adherence the principles and practice of his earlier manhood. Inergetie and faithful in business, benevolent of heart, onscientious in principle, and genial and courteous in man- er, he had but to form an acquaintance to secure a friend. He lived a life void of offense to his fellow-men, and died f a lingering and painful illness, lamented by all who knew im. He departed this life Dec. 5, 1872.

Judge Johnson married Polly H. Birdsall, of Greene, Chenango Co., N. Y., June 7, 1830. She died March 1, 1865. Their children were Anna B., born Oct. 3, 831, married John Maynard, of Corning, Dee. 4, 1856, he died Aug. 17, 1865) ; Adelaide, born March 21, 1835, harried Chas. H. Thomson, of Corning, Sept. 26, 1855 ; lary Louise, born Feb. 8, 1840, married IIiram W. Bost- rick, now of Franklin, Pa., Dee. 27, 1865; and Lizzie E., orn Oet. 21, 1845.

For his second wife he married, Dec. 26, 1866, Mrs Sarah W. Parker, daughter of Hon. Henry Welles, of Penn Zan, who still survives him. They had one daughter, largaret Welles, born Aug. 22, 1867. All his children re still living.

JOHN BALDWIN.

Mr. Proetor, in his " Beneh and Bar of New York," gives he following sketch of John Baldwin, who practiced law or some time at Hornellsville :

" The name of this eccentric and able lawyer will not soon be for- otten in the counties of Livingston, Allegany, and Steuben. Ilis wit, is humor, his withering sarcasm, have created a fund of anecdote Jmost inexhaustible. If sometimes his wit descended to vulgarity- f occasionally he wicked a tarnished weapon-we ean excuse him, when we remember that the native mould of his mind was above such perverted use of his intellectual powers, Ilis vulgarisms were like he rubbish and offal which sometimes surround the polished and lassie column, showing still the glory and grandeur of a cultivated rchitecture.

"John Baldwin was born in Lebanon, Conn., and while very young ettled at Geneseo, intending to make that placo his permanent resi-

denee. Ile had, on attaining his majority, received a competence from his father's estate, and the advantages of a good education. Soon after settling at Geneseo he entered the office of Samuel Miles Hop- kins, with whom he studied law, and after being admitted to the bar, commenced practice at Moscow, Livingston Co. Not long after he commenced practice, by the failure of a brother whose paper he had indorsed, he was stripped suddenly of all his earthly possessions and redneed to penury. He never again recovered his pecuniary standing. Ile remained at Moscow but a year or two after his misfor- tune, when he removed to Dansville, where, by his professional labors, he gained a fair practice and considerable notoriety for his witty say- ings and humorous speeches. While at Dansville his praetiee grad- ually extended into the counties of Allegany, Livingston, and Steuben. Ilis good-humor, his never-failing fund of anecdotes, joined to his acknowledged professional ability, made him a favorite with his legal brethren and with the people. At this time the income from his pro- fession rendered him independent, but he did not possess the faculty for accumulation.

" In 1835 he removed to Hornellsville and formed a partnership with the late Ilon. William M. Ilawley. This connection in business was attended by flattering circumstances, and gave Mr. Baldwin a grati- fying assurance of the confidence he had inspired. After his business relations with Judge Hawley were dissolved he continued to practice at HornelIsville till 1842, when he removed to Almond, at which place lie resided till his death, in 1843."

A few anecdotes will serve to illustrate some of the pe- culiarities of this very eceentrie man :

" During his practice in Hornellsville he was called upon to try a very important case before a magistrate in the town of Birdsall, Alle- gany Co. The plaintiff in the suit was the great man of the place, and Baldwin very soon discovered that the magistrate was one of those truckling sycophants over whom wealth and station exert an almost unbonnded iofinence ; and being disgusted with his evident perversion of justice, he poured out upon him the bitterest anathemas. Probably never before or sinee has a magistrate heen subjected to snch a terri- ble exeoriation by a member of the bar. We shall omit a part of the conversation, giving only enough to show the spirit of the enconnter. When he had finished, the lawyer on the other side arose and informed the court that it was his duty to immediately commit Mr. Baldwin for contempt, 'for,' said he, ' unless yon do this, all respeet for you as a magistrate will be at an end.'

"'Talk about respect for that thing" thundered Baldwin, point- ing to the magistrate : 'why, he acts more like a magpie peeping into a marrow-bone than a magistrate trying a lawsuit; tho deeper he ean get his head into a hole the better he feels.'

" This sealed the doom of the irate lawyer, and the magistrate in- formed him that he should commit him to the jail at Angelica for twenty days for a contempt.

"' For a contempt upon whom ?' asked the lawyer.

". Why, upon me,' said the justice.

"'A contempt npon you ? The thing is impossible; the most con- temptible thing in the universe is respectable compared with you! You are the dirty eatspaw of the plaintiff here,-a burlesque upon justice !'

" The justice proceeded in earnest to draw up the papers to have Baldwin committed, and as they were approaching completion and opened upon the table to receive the signature of the conrt, Baldwin suddenly seized a large inkstand, nearly full of ink, and turned its contents over the dreaded instrument. In a moment-in the twink- ling of an eye-it became a sheet of inky blackness, with every letter obliterated. Ile then mounted his borse, and started for home aeross the county line; but being on a poor and lame horse, he was over- taken before he reached the point of safety by the eonstable and his assistant with a new warrant which had been hastily made out. In vain ho urged his jaded steed ; to be overtaken he saw was inevitable, but his fertile mind soon devised another method of escape. Wheel- ing his horse suddenly, he faced his approaching enemies. As they rode up he sternly demanded what they wanted.

"'Yon are my prisoner,' replied the constable, 'and must go with me to Angelica,' and he attempted to make the arrest.

"'Stand off,' said Baldwin, 'or I'll blow you through !'

"At the same time he drew from his pocket one of those old-fashioned brass inkstand-cases used in those days, and presented it to the breast uf the officer. The polished surface of the inkstand flashed in the

HISTORY OF STEUBEN COUNTY, NEW YORK.

moonbeams like the bright barrel of a pistol, and had a most murder- ous look. The constable and his assistants started back appalled at the hostile attitude of the lawyer, the former crying out, 'Oh, don't point that this way ; it may go off; take care !'

"' Leave me, you villains, or, by the heavens above us, I'll send a bullet through the very heart of some of you! Leave, I say !' And he gave the inkstand a shake which caused it to click like the cock- ing of a pistol.

" This was enough. The next moment his pursuers were galloping homeward as fast as their horses could carry them; and Baldwin went quietly homie, thinking, as he afterwards said, that his proteet- ing genins had assumed the shape of an iakstand.

" Baldwin was afterwards indicted in the county of Allegany for a very bitter and, as was charged, libelous letter, concerning this samo magistrate. The letter was very lengthy, and written in such a man- ner that portions of it only could be read by any persons except the writer of it. In drawing the indictment the district attorney attached the letter itself as part of the instrument. When the offender was brought before the court he was required to plead to the charges.

"* Before entering my pleas, I ask for the reading of the indict- ment,' said he.

" In those days a prisoner could demand the reading of the wholo indictment found against him, and in this case the court directed it to be read. The district attorney commenced. While reading tho usual or formal part of it he did very well, but when he attempted to read the lettor itself he soon came to a full stop-studied awhile upon it, and commenced again. After stumbling through a few sentences he was obliged to stop again. Turning to Baldwin, he asked if ho would not have the politeness to waive the reading of the letter. The latter declined and the attorney made one more attempt to read, but soon came to another full stop.

"' Will you not read that horrid, ill-spelled, illiterate, and abusive letter, Mr. Baldwin ?' asked the attorney for the people.

"" No, sir; the letter is very legible-very indeed. If the good people of Allegany County have seen fit to elect a district attorney that don't know enough to read writing, why, I shall not help him along,' said the prisoner.

" The official then losing all patience, began in a strain of denunci- atory eloquence to abuse Baldwin, and concluded by saying that ' the anoals of crime did not present such an awful, willful, and terrible clefamer of human character as Joha Baldwin, the prisoner at the har.'

" As he closed this speech he took a drink of water from a tumbler that was standing on the table before him. Baldwin, with great gravity, addressed the court as follows ;

"' May it please the court, in all the records of the past which I have been able to consult, I have never until this moment seco or heard of a wind-mill going by water.'

" Peals and roars of laughter, even cheers, went up from all parts of the court-room, and for once the vulnerable and brazen-faced district attorney was silent, stricken through by the prisoner's reply to his speech.

" After silence was restored, Baldwin again demanded the reading of the indictment. Ilis opponent declared that it could not be read.

"' Then, if the court please, I ask that it may be quashed,' said the prisoner.

" After a few moments' consultation, the court dirceted that it should bo quashed, and Baldwin walked from the prisoner's box into the har amid the congratulation of his friends.

" Mr. Baldwin was a thoroughly honest man, and never would con- sent that a case in his hands should be carried by dishonesty or per- jury. Once he turned a profitable client out of his office for saying that he could prove anything that Baldwin wished to establish on the trial of a certain cause which the latter was conducting for him."

HON. DAVID RUMSEY.

Hon. David Rumsey, who, at this writing, is one of the justices of the Supreme Court of New York, was born in Salem, Washington Co., N. Y., on the 25th of December, 1810. His father, David Rumsey, Sr., born April 17, 1779, was a printer by occupation, and, with Messrs. Dodd & Stevenson, of Salem, established the Washington County Post, one of the earliest newspapers published in that sec-

tion of the State. In 1815 he removed with his family to what is now the town of Howard, in this county, where he followed farming till the year 1816, when he removed to Bath and published the third newspaper issued in that village, The Farmers' Gazette. About a year afterwards he removed to Auburn and became one of the publishers of the Cayuga Patriot, with which he was connected for several years. At the expiration of this time he returned to Bath, and on the 17th of April, 1828, issued the first number of the Steuben Messenger, which was published by him and his successors, Samuel M. Eddie, William P. Angel, and Charles Adams, till 1834, when its name was changed to The Constitutionalist, and in 1844 to the Steu- ben Demoerat, and its publication continued till 1852. David Rumsey, Sr., resided in Bath till the time of his death, which occurred on March 17, 1852. He was an active, public-spirited man, frequently serving his town, village, and school district in various responsible capacities, and four years as clerk of the county, to which office he was elected in the fall of 1829.

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History of Steuben county, New York, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 17

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