History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I, Part 140

Author: Scharf, J. Thomas (John Thomas), 1843-1898, ed
Publication date: 1886
Publisher: Philadelphia : L.E. Preston & Co.
Number of Pages: 1354

USA > New York > Westchester County > History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I > Part 140

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The news of the assassination of President Garfield reached Mr. Jay while yet in Europe, and at a meet- ing of American citizens held at Paris, an eloquent address was delivered by him, portraying in vivid language the duties of the hour.

The frequent contributions from his pen upon the questions of the day are well-known to all, but among them especial mention may be made of arti- eles which appeared in the International Review, on the Catholic question and on Presidential elections.

The four hundreth anniversary of the birth of Martin Luther occurred November 4, 1883, and the event was duly celebrated by a publie meeting at the Academy of Music, under the auspices of the Ameri- ean Evangelical Alliance. "Never before," says the New York Herald, "was such a throng gathered under its roof," and the opening address made by Mr. Jay, as president of the Alliance, was an effort worthy of himself and of the fame of the "Great Reformer."

Upon the seventy-ninth anniversary of the New York Historical Society he read a carefully prepared and highly interesting paper upon the peace negotia- tions of 1782-83. This paper, which was printed, is a valuable contribution to national history.

To enumerate the various speeches delivered by Mr. Jay upon important occasions, in which he has ex- pressed his views upon national questions, and the various writings he has contributed to our historical and political literature, would far exceed present limits. Through a long life he has been a conspic- uous actor upon the stage of public events, and his views and opinions have never failed to attract atten- tion and command respect, and his name will de- scend to posterity as unsullied as that of his illus- trous ancestor. During his whole career he has never in any controversy stopped to consider the odds against which he was fighting. To him to undertake has been to continue, and the sentiment ascribed to the Hero of Switzerland seems to have been the

motive-power of his own actions: " Je ne sais pas si la chose est possible, mais je sais qu'il faut la faire."

.In him the spirit of the Huguenots lives again, and in him we see a worthy successor of the gallant host who fought at Ivry, and followed as their oriflamme the helmet of Navarre.

When the sessions of court began to be resumed, in 1778, an entirely new set of lawyers appeared. From that time to 1794 the name of Pell appears very frequently on the records. This was doubtless Hon. Philip Pell, born July 7, 1753, “ judge-advo- cate of the Continental army in the Revolutionary war, and a member of the Cincinnati Society." Mr. Bolton says of him: " This illustrious individual had the honor of riding by the side of General Washing- ton when he entered New York City upon 'evacu- ation day,' November 25, 1783. He was a graduate of King's College (now Columbia) in 1766, and is said to have been one of the best Greek scholars of that day." Hon. Philip Pell was the grandson of Philip, fifth son of Thomas, eldest son of Lord John Pell. He lived in Pelham and was twice married- first, to Mary Ward ; second, to Anna Lewis. He died in 1811, and left an only son, like him named Philip, the father of Philip Pell, of San Francisco, Cali- fornia.

Richard Hatfield was another leading lawyer in Westchester County after 1776, the period of his greatest activity ecasing about 1790, though he con- tinued to plead occasionally after that date. He was evidently an energetic man, of uncommon activity, and filled many offices. He held that of county clerk from 1777 to 1802, was surrogate of the county from 1778 to 1787, a delegate to the State Convention which ratified the Constitution in 1788 ; member of Assembly in 1794; member of the Council of Ap- pointment of the State in 1795, and member of the. State Senate from 1795 to 1803. He was one of the organizers of the Presbyterian Church at White Plains, and assisted in organizing the Methodist Church there also. He died at his residence in White Plains in 1813, and left a son Richard, whose name also appears, but infrequently, as practicing law in Westchester County, and a daughter Estlier. Another daughter married James Woods, and left a son, Rich- ard Hatfield Woods.

John Strang, one of the attorneys of the Supreme Court was admitted to practice in the Court of Com- mon Pleas of Westchester County in May, 1779, and remained in practice until in the year 1797. During this period he was one of the three leading lawyers of the county. Mr. Strang was the son of Major Joseph Strang, a Revolutionary character of note in Yorktown, and was born near Crompond. He studied law in the office of John Jay, afterwards chief justice of the United States. Ilis place of residence, at least during a portion of the period of his activity as an attorney, was in Bedford, and there Peter Jay Munro was a student in his office for a few months.

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THE BENCH AND BAR.

Probably at the termination of his career of active practice he removed to Peekskill. At least he lived there for many years towards the close of his life at the house of his sister-in-law, Mrs. Underhill Strang. Mr. Strang died about the year 1830, being then nearly eighty years of age. He never married. A few old-time residents of Peekskill remember him as he appeared late in life, and how he used to pace up and down the sidewalk in front of his residence, hold- ing in front of him a long cane, which he grasped a little above the middle, and wearing a shirt with a ruffled bosom and a tightly-fitting dress coat. In stature he was small. He is said to have been a man of reserved manners and of strong likes and dislikes. He is said to have been buried at Cronipond. A tra- dition among the descendants of Underhill Strang is, that John Strang was an assistant judge advocate in the Revolutionary War, and, but for the fact that he was away on a furlough, would have acted as judge at the trial of Major Andre.

William Popham, of Scarsdale, practiced in the Westchester County Courts in 1785. This gentleman, better known as Major William Popham, descended from a very old and distinguished family, the Pop- hams of Popham, in the county of Hampshire, Eng- iand. The sixth in descent from Gilbert Popham, the founder of the family in the year 1200, was Sir John Popham, Knight of the Bath, lord chief justice of the Queen's Bench. The Pophams took sides against the King in the English Revolution and, upon the restoration of Charles II., John Popham, the direct ancestor of Major Popham, removed to Ircland. He was for many years a gentleman of the houschold to King James the First, and married, it is said, a daughter of the celebrated president John Bradshaw. Ilis great-grandson, William Popham, of Bandon, county of Cork, Ircland, was the father of Major William l'opham. This gallant soldier was born in Ircland in 1752 and came to America with his parents at the early age of nine years. The Popliams settled in the town of Newark (State of Delaware), where William spent his youth and re- ceived a finished cdueation. He was intended for the ministry, but on the breaking out of the Revolution- ary War he entered the American army.1

Hle distinguished himself at the battle of Long Island-his first engagement-and was made a cap- tain. At White Plains and at Brandywine he again gave proofs of indomitable valor and military ability. He acted as aid to General Clinton in the Northern Division of the army, and was also the aid of General Sullivan in the western expedition among the In- dians. After the war he resided a few years in the city of Albany, where he entered upon the study of the law, and practiced his profession. He thence re- moved to New York City, where he practiced law for a few years. In the year 1787 he purchased a farmi

in Westchester County, which he made his abode. He was then clerk of the Court of Exchequer, an office which he held until it was abolished. He died at New York, September, 1847, aged ninety-five years. He was a remarkably religious man and a member of the Episcopal Church. "He was the friend and companion of Washington, and claimed as his inti- mates many of the most remarkable men of his day. |He belonged to the old school of American gentle- man, and in mind and body was distinguished for ac- tivity and sprightliness. He was an accomplished scholar, and in every particular a thoroughbred gen- tleman."2 Major Popham was president of the New York Society of the Cincinnati. His remains repose in the Popham family vault, near St. James' Church, Scarsdale.

Other lawyers mentioned between 1778 and 1800 are Nathaniel Lawrence, district attorney in 1796, whose name is not frequently mentioned, however, in the court records; Cutting, 1785-88; Skinner, 1787- 1805 ; Troup 1787-95 (probably Robert Troup, of New York; he had a good practice in this country); Pierre Van Cortlandt, of the town of Cortlandt, ad- mitted in 1787, but not often in court; Frederick Prevost, 1787 ; John Johnston, 1787 ; Augustus James, 1787 ; Ogilvie, 1787-93; Lewis, 1787; Watkins, 1788; Brookholst Livingstone (afterward judge of the Su- preme Court), 1788; Adrian Kissam, 1789; Aaron J. Lawrence, 1790; Oliver L. Ker, 1790-93; Read, 1790-94; Thomas Cooper, 1790-98; Josiah Ogden Hoffman, 1790; Francis Lynch, 1790-94; James Mor- ris, 1791-94; William Wyche, 1793-96; George D. Cooper, 1793-1812; Cadwallader D. Coldlen, 1798; James Woods, who had a good practice from 1794 to 1811; Charles Thompson, who did a fair legal business from 1794 to 1816; Joseph Constant, 1795-99; and Benjamin Ferrio, 1795-1805.

At this period Aaron Burr frequently had cases in this court, especially between and including the years 1785 and 1794, when he may be said to have been one of the active members of the bar. Alexander Hamilton, his distinguished political opponent, also tried cases in this county about that time, but they were very few in number.

Peter J. Munro was the leading lawyer from 1789 until 1821. He lived in Mamaroneck, but most of his business was done in New York, where he had an office. He was paralyzed for some years before his death, which oeeurred September 22, 1833, at an ad- vanced agc.

Edward Thomas, surrogate of Westchester County, was a leading lawyer and had an extensive practice, 1786-1806. He was the grandson of Judge John Thomas, the patriot who died a prisoner in New York, in 1777. Edward Thomas married Anne Oak- ley. He died in 1806, aged forty-four years. His

1 Bolton's "History of Westchester County."

2 Wump York E'spress, September 27, 1817, from which most of the above is condensed.

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HISTORY OF WESTCHESTER COUNTY.

Chauncey Root Mitchell, who practiced in West- chester County, 1808-11, was the fourth child of Rev. Justus Mitchell, of New Canaan, Conn., and was a brother of Minott Mitchell, of White Plains. He was born June 25, 1786, married Anna, daughter of Hon. Robert Johnston, of Somers, moved shortly thereafter to Delhi, Delaware County, and died there February 5, 1814, aged twenty-seven years. He was possessed of brilliaut taleuts, and was highly gifted as an orator.1

David Brush, of Greenwich, Connecticut, practiced here occasionally, 1810-27 ; and William Silliman, of East Chester had a small practice, but was principally in New York.

Balsamin C. Austin, surrogate of Putnam County in 1813, practiced in this county, 1813-22. He was a man of ability, and but for his unfortunate intemperate habits would have acquired a first-class practice. He lived in Peekskill during these years and then weut to Washington, D. C., where he died during Tyler's administration. He was married to a Miss Diveu.

John McDonald, a native of White Plains, prac- ticed law from 1814 to 1826 with moderate success. He then moved to New York and became a master in Chancery there. He spent the latter part of his life in gathering materials for a history of West- chester County. The result of his labors is a mauu- script which is deposited in the Lennox Library, New York.

Aaron Ward, of Sing Sing, was admitted to the bar in 1816. His history is given in connection with his native town. He was a member of Congress, and more noted as a politician than as a lawyer. He was a member of the law-firm of McDonald & Ward, 1816-18, of Ward & Miller, 1825 -- 29, and of Ward & Lockwood, 1831 and onward. The firm of Ward & Lockwood did a large pension business.

J. White Strang, who was admitted to the West- chester County bar in 1819, was a man of command- ing talents and a good orator. He was the son of Dr. Samuel Strang, who was one of the earliest physicians who practiced in Peekskill. He studied law with William Nelson, in Peekskill, and after being admitted to practice, was engaged in a number of cases in which Nelson was employed on the other side, and the intellectual combats between the two are yet remembered, by some of the old members of the bar, as having beeu the occasion of brilliant dis- plays of legal abilities on both sides. Although a brilliant and able man, he seemed averse to business. Had it not been for this fault, it is thought that he would have obtained a very prominent position at the bar. He died about 1831.

From about 1820 to 1850, Richard R. Voris was the leading advocate of the county. His family was of Dutch origin, and settled at Jamaica, L. 1. He was,

in early life, a merchant in New York City, and after being successful for some time, met with reverses and failed. Then he studied law with McDonald, at one time of the firm of McDonald & Ward. He began the practice of law at Sing Sing about 1820, and con- tinued it there till his death, in 1852. He left a widow and two children,-Elizabeth L., who became the wife of Marlborough Churchill, and Edgar M., who was for many years a successful physician at New Rochelle.

Richard R. Voris was district attorney for several years before the Constitution of 1846.

He was large and portly, of very fine presence and great dignity and courtesy. He was very successful as a jury advocate. His style in speaking was lucid, simple and still ornate, and his delivery was very easy and uatural. He has, we think, the reputation of having been the ablest jury orator this county has ever had. Old residents, in speaking of the lawyers of their earlier days, commeud Nelsou for practical business sense, Minott Mitchell for astuteness, both in counsel and practice, J. Warren Tompkins for gen- eral ability, and Voris for eloquence at the bar. They were all undoubtedly lawyers of much more than average ability, and for many years were some or all of them engaged in all the important litigations be- fore the courts of the county.

William W. McClelan practiced somewhat in this county during the first half of this century, especially in the second quarter of it. He was born at Troy, N. Y., in 1788, and was a son of Hugh Stuart McClelan, who was assistant commissary-general of the Conti- mental army during the Revolutionary War, and a distinguished patriot. The family emigrated to this county from Scotland in colonial days ; and it has, in its various members, exhibited a good degree of that sturdy independence and persistence which charac- terize people of that nationality.

William W. was well educated in the city of New York, where he studied law in the then well-known law-office of Woods & Bogart, and was admitted to practice in New York Common Pleas on the 30th of December, 1809; in the Supreme Court on the 13th of May, 1813, as attorney ; and on the 15th of May, 1816, as counselor ; in the Mayor's Court of New York City on the 20th of May, 1815 ; in Court of Chancery on the 15th of June, 1820; and in the Westchester Common Pleas on the 24th of September, 1832. He was appointed master in Chancery, on the 10th of July, 1815, and held the office for many years. He practiced his profession assiduously and successfully in the city of New York until the year 1831, when he largely retired from practice, and established himself at New Rochelle, where he continued to act as coun- selor and adviser until the time of his death, in November, 1854. He was really more of a New York City than a Westchester County attorney, and his principal achievements at the bar were in that city. He was a member of the Episcopal Church, and tol-

1 Cothren's " History of Ancient Woodbury, Conn.," vol. i. page 641. He was the grandfather of Chauncey M. Depew

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THE BENCH AND BAR.

erant of all religious belief. In 1831 he married Frances B. Vickers, at New York City, and rearcd a family of five children, one of whom, Pelham L., was for a time district attorney of this county and still re- sides in the village of Mount Vernon, and is an at- torney and counselor in active practice.

Hon. William Nelsou, late of Peekskill, was in the first half of this century prominent in this county, both as a lawyer and a business man.

His paternal ancestors were of English origin and Puritans. The first one of them who came to this country settled upon a farm in Mamaroneck, in this county, about the middle of the seventeenth century. The Nelsons were leading men in the county during the colonial times. One of them, Polycarpus Nelson, was a signer of the famous declaratiou by the chicf citizens of this country, in support of William and Mary, and in opposition to the House of Stuart.

A branch of the Nelson family settled in Dntchess County, where, at Crum Elbow Creek, on June 29, 1784, William Nelson was born. His father, Thomas Nelson, was a farmer, and William was rearcd as a farmer's son, working upon the farm in summer and attending district school in winter. He did not have the advantages of a collegiate education. He studied law at Poughkeepsie in the office of Theron Rudd, then an attorney of distinction and large practice, and in 1807 was admitted to the bar. He had in- tended settling in the extreme West, which was then Buffalo, but circumstances diverted him to Peekskill, where he spent a long, busy and honorable life. He probably did as much as, if not more than, any other person to promote the growth and development of that place. Among other good works, he was largely instrumental in establishing the deservedly famous Peekskill Academy. As a lawyer he rankeď high, not so much for eloquence or skill at the bar as for in- dustry, good commou sense and integrity. His ster- ling qnalitics were appreciated by the people, and brought him a large and lucrative practice and many public honors.

From 1815 to 1818 he was district attorney of his district, comprising the counties of Westchester, l'utnam and Rockland. Afterwards, wheu his district comprised Westchester alone, he held the same position. He held it altogether more than twenty- five years. He was also an Assemblyman from 1819 to 1822; State Senator, and as such, a member of the court for the eorrcction of errors from 1824 to 1827 ; and Congressman from 1847 to 1851.

In 1812 he married Cornelia M. Hardman, and lived happily with her until her death-a period of fifty-seven years. He survived her only five weeks, and died on the 2d day of October, 1869, in the cighty- sixth year of his age. They reared a large number of children, several of whom have attained to prominent positions, and fully maintain the distinguished uame of the family.

William Nelson had the happy, and, for lawyers,

somewhat rare, faculty of business skill and sagacity in the management of his own affairs. He left an estate valned at nearly one million dollars. In this respect he undoubtedly excelled all other members of the Westchester County bar, past or present.

His character has been well expressed by another, in these words : "Mr. Nelson had great natural vigor of character ; was painstaking and unwearied in every duty to which he addressed himself. He was wise in counsel, and eminently sagacious and practical, genial in nature, courteous in manner, simple in his mode of life, and, above all, possessed a rare single- ness of purpose and integrity of nature. These qualities, in addition to a piety that was devout, but unobtrusive, enabled him to sway a large influence over his friends and neighbors, and all other per- sons with whom he came in contact. His whole life illustrated the trne republican simplicity and integ- rity which characterized the earlier days of the State."

Joseph Warren Tompkins, for many years a lead- ing lawyer in the county, was a native of White Plains and a nephew of the late Governor Danicl D. Tompkins. He graduated at Union College in 1822, and immediately thereafter began to study law in the office of Minott Mitchell. He was admitted to prac- tice in 1825, opened an office in White Plains and commenced the practice of his profession under the most favorable auspices. He soon commanded a large and lucrative professional business, which he retained to the end ofhis busy life. Up to within a few years of his death he had been employed in nearly every case of magnitude in this and the adjoining counties of Put- nam and Rockland. Mr. Tompkins died at his resi- dence in White Plains, August 23, 1872, in the seventy-first year of his age. He left a widow and two children. He was a strong advocate before a jury, and iu the trial of a good case had few equals.

Albert Lockwood held a position of prominence in his day at the Westchester County bar. He was the sixth child of Stepheu Lockwood, who was born in Connecticut in 1764, and married Sarah Ingersoll in 1790. Albert was born in Stanwich, Conn., November 18, 1802. The family removed from Counecticut to the town of Ossining, Westchester County, about 1825, where Stephen Lockwood purchased a farm of one hundred and fifty acres, located about a mile from Sing Sing. Albert worked with his father and brothers ou the farm in summer, and taught the dis- trict school during the winter, ani during his leisure time studied law. He was admitted to the bar when about twenty-seven years old, and in 1831 formed a partnership with General Aaron Ward, of Sing Sing, which lasted until about 1848. From 1847 until 1851 Mr. Lockwood was county judge, and fur- ther political honors would doubtless have been be- stowed upon him but for his death, which occurred November 18, 1852. In 1852 he was the Republican nominec for Supreme Court justice. In 1833 Mr. Lockwood married Eliza Jane, daughter of Jacob

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HISTORY OF WESTCHESTER COUNTY.

Arthur, of Kinderhook, N. Y., a lady of cstimable character, who died in 1850. Their children were Arthur I., now of San Antonio, Texas, and Frederick E., Isabella B., Albert C., and Theodore, all of New York City.

Mr. Lockwood was a man of upright character and was highly respected. He was not eminent as an advocate, but was possessed of good common sense, and was a safe adviser in legal matters. Through the political influence of his partner, General Aaron Ward, who was for a long time a member of Con- gress, Mr. Lockwood obtained a great deal of pension business. Ralph Lockwood, a brother of Albert, was an attorney in New York, and acquired a large busi- ness and a high reputation. General Munson I. Lockwood, at one time clerk of Westchester County, and agent and warden of Sing Sing Prison, was an- other brother.I

Stephen D. Horton gave promise of obtaining emi- nence at the bar, but met with an early death. . He was descended from Barnabas Horton, who came to this country from England in 1640. Stephen was the son of Wright Horton, of Yorktown, and Ann Quers his wife, and was born in Yorktown October 3, 1808. He came to Peckskill in 1831, began the study of law with Hon. William Nelson, became the partner of the latter in 1835, and a few years afterwards engaged in practice by himself. He died March 5, 1842, and was buried in the yard attached to the First Presbyterian Church, in Peekskill. He was married to Delia Clapp, sister of Dorlon Clapp, of Peckskill, and had one daughter, who was born in 1842 and died in 1855.

Robert H. Coles, surrogate, 1855-62, was originally from the neighborhood of Tarrytown. He studied law in the office of Minott Mitchell, at White Plains, and located in New Rochelle, where his energy and devotion to his profession soon obtained him a good practice. He was secretary of the Westchester Firc Insurance Company of New York in its early days, when it was located at New Rochelle. He was a Democrat in politics, and an active worker for his party. His death occurred January 15, 1862. He was then barely thirty years old. He was buried in the church-yard at Sleepy Hollow. Mr. Coles was not regarded as a brilliant lawyer, but he was pushing and energetic and was considered honest and reliable. He was married to Elizabeth, daughter of Robert Palmer, of White Plains, and had two daughters and one son.

Elijah Yerks was a lawyer of considerable promi- nence in Westchester County for many years. He was, in 1805 or 1806, born near Unionville, in Mt. Pleasant, and in early manhood was proprietor of a country store. He subsequently began the study of law in the office of Minott Mitchell, at White Plains, and on being admitted to the bar, in 1833, located in

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History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I, Part 140

Author: Scharf, J. Thomas (John Thomas), 1843-1898, ed Publication date: 1886 Publisher: Philadelphia : L.E. Preston & Co. Number of Pages: 1354

Author: Scharf, J. Thomas (John Thomas), 1843-1898, ed
Publication date: 1886
Publisher: Philadelphia : L.E. Preston & Co.
Number of Pages: 1354