USA > New York > Chemung County > History of Tioga, Chemung, Tompkins and Schuyler counties, New York > Part 18
USA > New York > Schuyler County > History of Tioga, Chemung, Tompkins and Schuyler counties, New York > Part 18
USA > New York > Tioga County > History of Tioga, Chemung, Tompkins and Schuyler counties, New York > Part 18
USA > New York > Tompkins County > History of Tioga, Chemung, Tompkins and Schuyler counties, New York > Part 18
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TIIE CIRCUIT COURT AND OYER AND TERMINER
was first held in 1793, by Judge Hobart, at Newtown, but no record of that court being found by the compilers of this work prior to 1819, no abstract can be given of the first business done therein. A second Oyer and Terminer was held by Judge Benson and associates, Abraham Miller, John Miller, and Mersereau, in July, 1794.
The following description of the ceremonies attending the procession of the Justice of the Supreme Court from his hotel to the old court-room in Newtown is taken from the directory of Elmira City and the Chemung Valley, published by A. B. Galatian & Co., 1868. The hotel was on the corner of Lake and Water Streets: " The sheriff wore a cocked hat of the old Continental stamp, held a drawn sword in his hand, and marehed at the head of his corps of constables, with long staves in their hands, pre- ceded by martial music. The judges walked arm in arm, followed by the bar, carrying their green bags for briefs and papers, while witnesses, jurors, and parties finished up the procession, which presented a most imposing appear- ance. The veneration with which these judicial lights were looked upon by the people, and the implicit faith their decisions were held to be the end of the law, is well re- menibered."
TIIE COUNTY COURT
was first held in Owego, in 1847, Hon. Charles P. Avery, County Judge, presiding.
The County Court at present is constituted as follows : IIon. Charles A. Clark, County Judge; Wm. II. Right- mire, Sheriff ; John C. Gray, County Clerk ; Miss Chloe M. Brooks, Deputy Clerk .* General Sessions: Hon. Charles A. Clark, County Judge; Daniel B. Nash, Junius Collins, Justices Sessions ; Lyman Settle, District Attor- ney ; Wm. II. Rightmire, Sheriff; John C. Gray, County Clerk.
THIE SUPREME COURT.
A special term of the Supreme Court was held in the court-house at Owego in 1847 for equity proceedings. A general term was held in May, 1801, with the following
presence : Hon, Charles Mason, Presiding Justice ; Levinas Manson and Wm. II. Shankland, Justiecs. At this term John A. Nichols and Benjamin F. Tracy, attorneys of Tioga County, and Seth H. White, Marcus L. Butler, Jas. B. La Grange, Seevey S. Garfield, and Win. C. La Mont were admitted as attorneys and counselors in that court. In 1852 and 1853 general terms of the Supreme Court were also held in Owego. The Circuits, Oyer and Terminer, and special terms of the Supreme Court are held by the Justices of the Supreme Court in Tioga County on the first Monday in March and second Monday in October in each year. A special term without a jury is held in April, on the second Tuesday of the month. General terms of the Supreme Court for the Third Judicial Department are held at Binghamton on the first Tuesday in May; at Albany, the second Tuesdays in January and November ; and at Saratoga, the first Tuesday in September.
The Supreme Court for the Third Department, including the Third, Fourth, Fifth, and Sixth Judicial Districts, is constituted as follows :
W. L. Learned, Presiding Justice; Augustus Bockes and Douglass Boardman, Justices. The Sixth Judicial District consists of Counties of Otsego, Delaware, Madison, Chenango, Broome, Tioga, Chemung, Tompkins, Cortland, and Schuyler. The justices of the district are as follows : Douglass Boardman, Ithaca, term expires Dec. 3, 1887 ; David L. Follett, Norwich, term expires Dee. 3, 1888 ; Wm. Murray, Jr., Delhi, term expires Dee. 3, 1891 ; Celora E. Martin, Binghamton, term expires Dec. 3, 1891.
THE SURROGATE'S COURT.
The earliest records we find in the Surrogate's office are dated Dec. 28, 1798. The first surrogate was John Mer- sereau, who was appointed Feb. 17, 1791. His successor was Balthazer De Haert, who was appointed March 27, 1798. The first act recorded of Surrogate Haert was the granting of letters of administration on the estate of Abner Wells, then late of the town of Newtown, deceased intestate, to Abner and Henry Wells, Dee. 28, 1798, at Chenango. The first will proven was that of John La Grange, by Sur- rogate Haert, at Union, May 7, 1799. Letters testamen- tary were granted under the said will to Elizabeth and John La Grange, July 10, 1799. The first item in this will reads thus : " First, I recommend my body to the dust from whence it came, and my soul to my heavenly Father, from whom I received it, and with whom I wish to be received in glory amongst the heavenly host."
The testator devised his property to his wife and children. Michael Sly, of Newtown, executed his will, dividing his large tract of real estate in Chemung County among his children, to whom he addressed the following caution and injunction : " Lastly, it is my earnest will and desire, and I do hereby enjoiu it on my children hereinbefore named, that if any dispute or controversy shall after my death arise among them, or any of them, respecting this my last will and testament, or respecting any property, real or personal, which they or either of them may claim under this my said last will and testament, that they shall submit such dispute or controversy to the decision of three disereet and impar- tial men, to be mutually chosen by the parties to such dis-
Miss Brooks is a daughter of Benj. V. Brooks, deceased, and has held her present position in the clerk's office for the past fourteen years. She is the principal compiler of abstracts of title of lands in the county.
78
HISTORY OF TIOGA, CHEMUNG, TOMPKINS,
pute or controversy, to the end that the property which 1 have honestly acquired by a long life of hard labor may not be wasted in expensive and vexatious lawsuits."
The first letters of guardianship were granted by Sur- rogate Wm. Woodruff, May 3, 1804, to Wm. Jenkins as guardian of Stephen, Jabez, Jonathan, Sally, and Phebe Kent, children of Stephen Kent, deceased, of Newtown,
CAUSES CÉLÈBRES.
Among the noted criminal causes tried in the Tioga Oyer and Terminer was that of John M. Thurston, for the murder of Anson Garrison, his brother-in-law, in October, 1851. The first trial was had before Judge Mason and Judge Charles P. Avery, and a jury, and resulted in a convietion. The prisoner's counsel, Daniel S. Dickinson, John J. Taylor, and George Sidney Camp, procured a new trial on technieal grounds, and the cause was changed to Tompkins, where an acquittal was had on the plea of in- sanity, and Thurston confined in the Utiea Asylum, from which he was subsequently discharged, after two attempts before the courts to seeure his release. On his first trial, the experts, among whom were several superintendents of insane asylums, with one exception, the professor of the Geneva Medical College, agreed that Thurston was insane, the Geneva professor testifying to the contrary. Joshua A. Spencer was the prosecutor for the people, assisted by Alanson Munger, District Attorney. Thurston himself was highly indignant when the plea of insanity was out- lined in the opening of the defense on the first trial, and insisted vehemently he was of sound mind. IIe killed his victim by braining him with an axe while sitting by the fireside in his house. The ease and testimony are reported in full in the New York Reports.
Ruloff was tried for the murder of his wife in the Tioga Oyer and Terminer in 1856, and was convicted, but was released by the Court of Appeals. He was supposed to have murdered his wife and child in 1844, and was tried and convicted for their abduction in Tompkins County in 1845, and sentenced to the Auburn .State-Prison for ten ycars. Before the expiration of the term he was indicted for the murder of his wife, and was brought to Tioga County for trial. Joshua Spencer defended him, and car- ried the case to the Supreme Court, arguing the motion for a new trial at the general term in Binghamton, January, 1857, which was denied, Judge Baleom dissenting, and holding that the evidence was insufficient to justify execu- tion. He was sentenced to death at Delhi in July, Judge Balcom again dissenting from the legality of the act of signing the death-warrant. Mr. Spencer having died, Mr. Finch, of Ithaca, procured a stay of execution, and carried the case to the Court of Appeals, which tribunal reversed the decision of the Supreme Court, holding, with Judge Balcom, the insufficiency of the testimony to prove that Ruloff's wife or child were actually dead. She was never heard of after her disappearance, but the daughter was living in Pennsylvania at the time of Ruloff's execution for the Binghamton murder in 1870. He served four- teen years' imprisonment on account of the charge,-ten years in Auburn prison and four years in the Tompkins County jail.
THE BOARD OF SUPERVISORS .*
The first meeting of the Board of Supervisors of Tioga County was held at Elmira (then Newtown), in May, 1791, but no record exists in the County Clerk's office of either of the counties formed out of territory then included in the bounds of Tioga, of this meeting, or of any subsequent one until that of May, 1795, when the Board assembled to canvass the votes cast for members of Assembly. The Board consisted of the following members : Mathew Carpenter, Newtown ; Enoch Warren, Chemung; Emanuel Coryell, Owego; Luke Bates, Union (of Owego village) ; George Harper, Chenango ; Benjamin Hovey, Oxford ; John Welch, Norwich ; Phineas Bennett, Jericho. John Konkle was chosen elerk, but the record does not show any election of a chairman. The Board canvassed the votes of the election, and declared Emanuel Coryell elected. No ab- stract of votes is given, the simple declaration of election being all that is entered of record. The Board issued an order for £5 3s. to Mr. Coryell for a balance due on two other orders before issued and lost by Coryell. The Board adjourned until the last Tuesday in August, to meet at the house of Orringh Stoddard, in Union, and the clerk was ordered to notify Jonathan Fitch, late County Treasurer, to attend the said meeting, with his books pre- pared for settlement.
.
On Tuesday, Aug. 18, 1795, the Board met for business, and allowed the following bills : Jos. Hinchman, " High- Sheriff" of Tioga County, for conveying the votes for Gov- ernor, Lieutenant-Governor, and Senator to New York City, £20. Also, the expenses of the town of Jericho, " 10 pound 10." The Treasurer reported " £4 0s. 22d." funds of the county in his hands, which he paid over to his successor, and was released from further liability. There was a balance of £22 2s. found due from James McMasters, late Sheriff of the county.
The following town accounts were allowed : Chenango, £16 10s .; Newtown, £15 12s .; Oxford, £13 12s .; Owego, £20 8s .; Union, £12 6s .; Chemung, £22 9s. ; Norwich, £5 19s .; Jericho, £10 10s. Total, £117 6s.
Accounts chargeable to the county treasury were also allowed to the amount of £36 19s., and Orringh Stoddard was appointed County Treasurer. In 1800 the Board offered a bounty of four dollars for wolf- and panther-scalps, and two dollars for those of half-grown whelps; and sub- sequently, in May, increased the bounties to six dollars and three dollars respectively, and the next year increased the same to ten dollars. In 1802 the bounties amounted to $768. In 1805, Captain Lemuel Brown was appointed the first Sealer of Weights and Measures. In 1806 the county of Broome was taken from Tioga, and the amount of the county assets, $6742.34, divided between the two counties, fifty-five per cent. being retained by Tioga, and the balance handed over to Broome. The standard weights and measures were also to be retained by Tioga. In 1808
# The Board of Supervisors has its beginning in an act of the Colonial Assembly of New York, passed April, 1691. The act was repealed Oct. 18, 1701, but revived again June 19, 1703, and the Board has ever since remained the fiscal manager of the county .- Bradford's Edition Colonial Laws.
79
AND SCHUYLER COUNTIES, NEW YORK.
the Board adopted a seal, but none is now in existence. The first record of the choice of a presiding officer is made in 1811, when Joel Smith was elected Moderator. The first equalization of real estate was made in 1813, but the table is not given on the record. The first school money was received for distribution, from the State, in 1813, and amounted to $411.76. No direct order or vote for the erection of publie buildings is recorded in the Supervisors' record until 1822, when a vote is taken to crect two court- houses, one at Elmira and one at Owego. From and after 1828, to and including the year 1844, there is a hiatus in the records of the Board, which we have been unable to supply, except but partially, through the Treasurer's books. During this period the county adopted the county poor- house system for the support of the county poor, and the county was divided, the boundaries conforming to those at present limiting the county of Tioga. The poor-house system was adopted in 1829, and Chemung County was taken from Tioga in 1836. In 1837 the United States deposit fund was received by the county. In 1839 the Treasurer reported three fines received of one dollar each, inflicted for Sabbath-breaking; and in 1840 three similar ones were inflicted and received into the county treasury for profane swearing. The strong-box would be plethoric if that practice was in vogue at the present time. In 1847 the Board made application to the Legislature for leave for the election by the people of a local officer, to discharge the duties of county judge, which was granted.
In 1855 the Board first voted to print their proceedings in pamphlet form.
In November, 1859, the Board passed a dog law, levying a tax on dogs, to constitute a fund from which to pay damages arising from the destruction or harrying of sheep by dogs. The law is still in force.
The first war-meeting of the board was held April 27, 1861, and which was called on request of seven members. Watson L. Hoskins was chairman, and Frankliu Slosson clerk of this meeting. An appropriation of $6000 was made for the relief of volunteers' families. The details of the action of the board during the war in aid of enlist- ments, the amount of bounties paid, etc., will be found in the military record of the county.
In 1862, at the annual meeting, the board adopted a reso- lution asking the Governor to sign the bill for the extension of the Chenango Canal to the North Branch Canal of Penn- sylvania. In 1863 the board petitioned the Legislature for an appropriation from the State for the same work. In 1868 the board directed that candidates for gratuitous in- struction at Cornell University should be examined by the School Commissioner, George Sidney Camp, Esq., and Professor William Smyth. In 1877 the board passed a stringent " tramp" law, providing for the arrest of able- bodied tramps plying their vocation in the towns of Spencer, Nichols, Tioga, Berkshire, and Richford, and their confine- ment in a suitable place, and fixed the cost of their main- tenance while in duress at thirty cents per day, to be paid out of the county treasury.
The County Treasurer made a report of the receipts and disbursements in his office for the year ending Nov. 1, 1877, which gave the following exhibit :
RECEIPTS.
Balanee.
$1,861.25
Taxes from collectors.
63,722.97
Of Comptroller for schools. 23,627.83
Dog taxes 987.39
Fines.
180.65
For Ovid Asylum.
564.34
Sundry items
502.15
Exeise money.
1,447.50
On court-house bonds re issued
10,000.00
Premium on same ..
190.22
Total.
'$103,084.30
DISBURSEMENTS.
Bal. due Treasurer from General Fund, ete. $835.62
School money from State to towns.
23,666.92
taxes to Comptroller .. 9,949.90
State tax to Comptroller
17,578.15
Dog tax on sheep damages.
857.25
Uncollected taxes
2,041.21
Salaries.
3,207.50
Insurance and gas bills for court-house.
773.00
Funded debts of towns.
2,739.53
Monroe County Penitentiary.
264.78
Asylums
1,283.13
Court-house bonds and interest
13,453.40
Exeise money to towns ...
1,861.25
Poor support.
8,779.95
Sundry items
128.40
General fund orders
8.906.09
Court expenses ..
4,708.22
Treas. commissions and expenses.
515.00
Balance on hand ..
1,535.03
Total.
$103,084.33
The appropriations made by the Board of Supervisors for the year 1878 were as follows :
For asylums, $2060 ; eourts and prisons, $5100 .. $7,160.00
For insurance, gas, $1418; interest on bonds,
$3395. 4,813.00
For bonds of court-house, $8500; salaries, $3200. 11,700.00
For special fund for poor-house, $1000; Treas- urer's fees, $500. 1,500.00
Bad debts relaxed.
1,900.00
General fund orders
10,315.64
Poor-house, $4278.70; temp. relief, $4699.86 ....
8,978.56
$46,366.20
Less bonds re-issued. $5000.00
bad debts charged towns .. 1509.94 -
poor - house expenses charged
towns 2785.48
9,295.42
Total county levy. $37,070.74
TIOGA CONTRIBUTIONS IN THIE WAR OF REBELLION.
The action of the Board of Supervisors of the county during the war for the preservation of the Union was patri- otie in the extreme, in keeping with the spirit of determina- tion of the people to do their whole duty with unstinted zeal for the maintenance of a good and stable government " of the people, by the people, and for the people."
The first meeting of the board for war purposes was held April 27, 1861. It was called by the clerk, by request of seven supervisors, and Watson L. Haskins was chosen chairman and Franklin Slosson clerk. $6000 were ap- propriated for relief of soldiers' families, and a committee appointed to negotiate a loan for that amount on the faith of the county. The disbursement of the funds was placed in the hands of the supervisors of the respective towns, with authority to draw on the treasurer for such amounts as were needed. The resolution passed unanimously. At the annual meeting in November an additional sum was appropriated to the volunteer aid fund. At a special meet- ing held July 29, 1862, Charles C. Thomas chairman, and
80
HISTORY OF TIOGA, CHEMUNG, TOMPKINS,
Watson L. Haskins elerk, the board voted to raise $3920, to pay a bounty of $10 each to 392 men to fill the quota of the county, and also $1500 to pay the expenses of proeuring the enlistment of the same. On August 20, the same year, $4840 were appropriated to pay the same bounty to 484 men, then required to fill the quota of the county under the eall of the President. Supervisors Pratt, of Barton, Deming, of Richford, and Thomas, of Owego, were the disbursing committee. The elerk having enlisted, Thomas C. Platt was elected to fill the vacaney. The treasurer re- ported in November, 1862, the payment of $7317 for relief of soldiers' families, of which $317 were refunded by the State, and for bounties $7420, expenses $1134, and interest $298.34,-total, under bounty resolutions, $8852.34.
On Dee. 17, 1863, at a special meeting, a bounty of $300 was offered to volunteers under the eall of November, 1863, requiring 427 men to fill the quota of the county. Bonds to the amount of $130,000 were authorized to be issued, payable $40,000 on the first day of February, 1865 and 1866, and $25,000 on the same day in 1867 and 1868, provided so much funds were needed. The amount paid for each town was to be charged against the same, and eol- leeted of the town by tax.
On the 5th of February, 1864, the board voted to eon- tinue the bounty of $300 for men enlisting under the eall of January, 1864, and changed the time of payment of the bonds to $20,000, Feb. 1, 1866 and 1867, and the balanee in 1868. On the 25th of February the bounty was voted to be paid to 286 men already enlisted and eredited.
On July 26, 1864, the treasurer had paid 702 volun- teers, and had issued bonds to the amount of $210,600. A bounty was then voted of $300 per man for volunteers, under the eall for 500,000 men, and a vote was had making the bonds already issued a general county charge, to be assessed at large upon the county. Other bonds were voted, $40,000 to be paid Feb. 1, 1869, and the balance Feb. 1, 1870, with interest at seven per eent., and for an amount sufficient to pay for men to fill the quota, which was sub- sequently found to be 327, and $98,100 of bonds were issued. At the annual meeting of November, 1864, the sum of $2660 was voted to pay recruiting agents $10 per man for reeruits. $63,564 were raised, by tax on the sev- eral towns, for bounties paid this same year.
On Dec. 30, 1864, the bounty of $300 was continued to volunteers enlisting to fill the quotas, and on Jan. 24,
1865, a bounty of $300 for one year and $600 for three years was offered to volunteers enlisting for the re- speetive terms, and bonds voted to be paid, one-half in one year and the balanee in two years. On March 1, 1865, the bounty to one-year volunteers was inereased to $450, and bonds for same made payable Feb. 1, 1866. On May 10, bonds for $5100 for expenses were issued, payable Feb. 1, 1866. At the annual meeting the County Treasurer was authorized to reissue bonds falling due Feb. 1, 1866, to the amount of $125,000, and to pay the towns $3355 for bounties paid by them respectively. A elaini made by Broome County for volunteers furnished, and credited to Tioga, was compromised by the payment of $3000.
The total amount of appropriations for war purposes by the county authorities is as follows :
Under the orders of 1861 for relief of volunteers and their families.
$13,079
Under ealls of 1863 and 1864 for 700,000 men, 702 volunteers at $300
210,600
Under the eall for 500,000 men 1864, 362 men 97,800
Under the eall of 1865.
128,550
Total bounties and relief $450,029
Expenses
13,978
Interest paid on bonds 102,302
Total payments by the county.
$566,309
From this amount is to be deducted the amount refunded by the State under the general bounty law, viz., eash.
$49,100
Revenue 7 per cent. bonds.
210,000
Interest paid to the county on the latter. 18,076
Total from State ...
$277,176
Net amount paid by county.
$289,133
Besides this amount the towns paid heavy amounts for bounties also in addition to the county bounty. The last county bond for war purposes was paid in 1870.
VALUATIONS AND TAXATION .*
The tax list of Tioga County for 1796 (the earliest one we have been able to obtain) was as follows : No. of
Taxables. Valuation. County Tax. School Tax. Town Tax. € s. d. £ s. d. £ s. d. £ s. d.
Total.
Newtown .. 206
7,619 0 0
80 0 0
54 0 0
100 18
8 234 18 8
Chemnug .. 82
1,730
0 0
26 12 6
25 10
13 0
0 52 2
6
Owegot. ...
135
2,968
20
30 1 6
35 7
8
30 0
0
95 9
Uniont ....
335
4,839 7 0
87 16 2
104 8
3
292 4
5
Chenango.
181
3,773 0 0
100 0 0 48 6 6
47 8 10
31 16 0
127
2 10
Jericho ....
154
1.527
48
6 6
7
2
31 19
0 130 12
8
Oxford
146
2,166 14 0
35 0 0
38
5
4
30 7
0 103 1%
4
Norwich ...
205
3,542 0 0
31 13 0
53 14 8
30 15
116 2
8
1544 28,165 3 0
400 0 0
378 9 10
373 3 11
$933
$2880.67
The valnation in 1800 was $1,473,733, and the taxes were $4447.55.
The tax list of 1877-78 is as follows :
TOWN TAXES.
TOWNS.
Acres.
Assessed |Equalized Valuation, Valuation, Real.
Personal.
State Tax.
County Tax.
Aggregate Taxation.
Dog Tax.
Bad Debts.
Poor- House.
Town Accounts,
Funded Debt.
Barton ..
35,919
$912,333 144,279
$855,800 142,811
$106,245 15,705 41,835 9,460 12,710
$962,045 158,516
$5,942.58 979.16
$6,671.52 1,101.46
$265.33 12.86
$276.27
$4,845.26
18,000.96
$191.00 60.00
Candor ..
56,858
608,380 301,120
607,204 295,378
649,039 304,838
4,009.12 1,882.99
2,114.35
14.51
60.32
5,940.95
1,500 00
11,513.12
105.00
Nichols ...
20,901
317,815
303,750
316,460
1,954.78
2,194.97
190.79
375.46
4,716.00
100.50
Owego ...
63,868
1,766,078
1,813,603
182,375
1,995,978
12,329.18
13,844.00
1,047,59
993.49
40,671.41
880.00 2,500.00
7,527.95
94.00
Spencer
30,711
228,867
10,775
239,642
1,480.27
1,662,15
29.91
220.31
3,362.84
1,003.20
7,758.68
118.50 124.00
Tioga
35,806
520,534
560,786
9,290
570,076
3,521.38
3,954,04
17.45
293.51
2,043.10
9,829.48
Totals
316,486
$4,952,969
$4,952,960
$391,630
$5,344,599
$33,013.69
$37,070.78
$1,509.94
$2,785.48.
$67,288.56
$7,283.20
$148,951.65
$1,233.50
# Publie moneys were first raised in the colony of New York, June 1, 1665, by the Governor's (Colonel Niehols) warrant to the sheriff. In 1683 the first regular system of taxation by law was adopted. The State adopted a system of taxation first in 1788.
t Tioga now. ¿ Ineluded Owego Village.
251.00
Richford
22,670
141,150 241,260
144,770
3,235
148,005
914.23
1,026.56
122.29
352.62
4,224.57
13,210,33
189.50
Newark V ..
30,870
Berkshire
18,883
210.33
2,925 65
1,400.00
6,629.46
1152 5 3
In Federal currency $70,412.87 $1000
187.84
2,899.32
69,765.67
2
00
40
$945.97
£ s. d.
Real.
Real and Personal Equalized.
4,501.73
81
AND SCHUYLER COUNTIES, NEW YORK.
The valuation fixed for the county by the State Board of Equalization for State taxation in 1875 was $7,075,484.
The amount of taxes paid by the people living or own- ing property within the confines of Tioga County, as the county has from its organization in 1791 to the present time been variously limited in its area, is as follows, as levied by the county authorities, exclusive of school taxes raised in the school districts for local purposes :
From 1791 to 1798, when Chenango County was taken off, about ..
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