USA > New York > Yates County > History of Yates County, N.Y. : with illustrations and biographical sketches of some of the prominent men and pioneers > Part 16
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63
By the constitution of 1846 the Supreme Court as it then existed was abolished, and a new court of the same name and having general juris- diction in law and equity was established. This court was divided into
167
THE SUPREME COURT.
General terms, Circuits, Special terms, and Oyer and Terminer. Its members were composed of thirty-three judges, to be elected by the people, and to reside five in the first and four in each of the seven other judicial districts into which the State was divided. By the judiciary act of 1847 General terms were to be held in each county in the State having over 40,000 inhabitants at least once in each year and in other counties at least once in two years, and at least two Special terms and two Circuit Courts were to be held yearly in each county except Ham- ilton. Since 1882 the Oyer and Terminer consists of a single justice of the Supreme Court. By an act of the legislature adopted in 1848, and entitled the Code of Procedure, all distinctions between actions at law and suits in equity were abolished so far as the matter of commencing and conducting is concerned, and one uniform method of practice in all actions was provided. Under this act appeals lay to the General term of the Supreme Court from judgments rendered in Justice, Mayor's, or Recorder's and County Courts, and from orders and decisions of a justice at Supreme term or Circuit, and from judgments rendered at any trial term of the Supreme Court.
In 1869 the judiciary article of the constitution of 1846 was amended, but continued the existing Supreme Court with the same jurisdiction. By this amendment it was provided that the legislature should, from time to time and not more often than once in five years, provide for the organization of General terms, consisting of a presiding justice and not more than three associates. It also directed the holding of General terms in each of the districts. The justices were to be elected by the voters of their respective districts.
By chapter 408 of the laws of 1870 the then organization of the General terms was abrogated and the State divided into four departments, and provisions made for holding the General terms in each. By the same act the governor was directed to designate from among the justices of the Supreme Court a presiding justice and two associates to constitute a General term in each department. The presiding justice was to hold his place during his official term and the associates for five years. The justices of each department once in two years were to prepare appoint ments of Circuits, Oyer and Terminer, and Special terms and designate the justices to hold each. In June, 1877, the legislature enacted the
168
HISTORY OF YATES COUNTY.
Code of Civil Procedure to take the place of the code of 1848. By this act many minor changes in the practice of the court were made, among them a provision that every two years the justices of the General terms and the chief judges of the Superior city courts should meet and revise and establish general rules of practice for all the courts of record in the State except the Court of Appeals.
By an amendment to the constitution, adopted in 1879, one additional · justice was provided for in the second district, Under the authority of another amendment, adopted in 1882, the legislature, by the laws of 1883, divided the State into five judicial departments, and provided for the election of twelve additional justices to hold office from the first Monday in June, 1884, and for a General term in each department.
These are, in brief, the changes through which the Supreme Court of the State of New York has passed in its growth from the prerogative of an irresponsible governor to one of the most independent and enlight- ened instrumentalities for the protection and attainment of the rights of its citizens of which any State or nation, ancient or modern, can right- fully boast, So well is this fact understood by the people that by far the greater amount of business which might be done in inferior courts at less expense is actually taken to this court for settlement.
Next in inferiority of rank and jurisdiction to the Supreme Court are the County Courts held in and for each county in the State at such times, and places as its judges may direct. This court had its origin in the English Court of Sessions and, like it, at first had criminal jurisdic- tion only. By an act passed in 1683 a Court of Sessions having power to try all causes, civil and criminal, by a jury was directed to be held by three justices of the peace, in each of the counties of the province twice a year, with an additional term in Albany and two in New York. By the act of 1691 and the decree of 1699, referred to in connection with the Supreme Court, all civil jurisdiction was taken away from this court and conferred upon the Court of Common Pleas. Under the au- thority of the constitution of 1846 the County Courts have from time to time been given jurisdiction in actions of assumpsit, debt, and cov- enant, in sums not exceeding $2,000 ; in replevin not exceeding $1,000; and in actions for trespass and personal injury not to exceed $500. These courts have also been clothed with equity powers to foreclose mort-
169
THE COUNTY COURT.
gages ; sell infants' real estate ; to partition lands ; to admeasure dower ; and to care for the persons and estates of lunatics and habitual drunkards. The judiciary act of 1869 continued the existing jurisdiction of County Courts, and conferred upon them original jurisdiction in all actions in which the defendant lived within the county and damages claimed did not exceed $1,000. Like the Supreme Court the County Court has now its civil and its criminal sides. In criminal matters the county judge is assisted by two justices of sessions, elected by the people from among justices of the peace in the county. It is in the criminal side of this court, known as the Sessions, that all the minor criminal offenses are dis- posed of. All indictments by the grand jury, except for murder or some very serious felony, are sent to it for trial from the Oyer and Terminer. By the codes of 1848 and 1877 the methods, procedure, and practice, and the jurisdiction and control of actions arising within the county or against citizens of the county, were made to conform as nearly as pos- sible to the practice and jurisdiction in the Supreme Court. This was done with the evident design of attracting litigation into these courts and thus relieving the Supreme Court. But in this purpose there has been a failure, litigants much preferring the shield and assistance of the broader powers of the Supreme Court. . By the judiciary act the term of office of county judge was extended from four to six years. Under the codes he can perform some of the duties of a justice of the Supreme Court. The County Court has appellate jurisdiction over actions aris- ing in the Justices' Courts and Courts of Special Sessions.
Surrogate Courts, one of which exists in each county of the State, are now Courts of Record, having a seal, and their especial jurisdiction is the settlement and care of estates of persons, who have died either with or without a will, and of infants. The derivation of the powers and practice of the Surrogate Courts in this State is from the Ecclesiastical Court of England through a part of the Colonial Council, which ex- isted during the rule of the Dutch and exercised its authority in accord- ance with the Dutch Roman law and the custom of Amsterdam, the Court of Burgomasters and Schepens, the Court of Orphan Masters, the Mayor's Court, the Prerogative Court, and the Court of Probates. The settlement of estates and the guardianship of orphans, which was at first vested in the director-general and the Council of New Netherlands, was
22
170
HISTORY OF YATES COUNTY.
transferred to the Burgomasters in 1653 and soon after was transferred to the Orphan Masters. Under the first constitution surrogates were chosen by the Council of Appointment, while under the second constitu- tion they were appointed by the governor with the consent of the Sen- ate. The constitution of 1846 abrogated the office of surrogate in all counties having less than 4,000 population and conferred its duties upon the county judge. By the Code of Civil Procedure surrogates were invested with all necessary powers to carry out the equitable and inci- dental requirements of their office-a much needed authority in view of the rule that the Surrogate's Court was one of limited jurisdiction and the surrogate had no powers except those expressly given by stat- ute. In its present form and sitting weekly Surrogates' Courts afford a cheap and expeditious medium for the care of estates and guardianship of infants.
The only remaining courts which are common to the whole State are the Special Sessions, held by justices of the peace for the trial of minor criminal offences, and Justice Courts with limited civil jurisdiction. Prior to the amendment to the constitution of 1821, adopted in 1826, justices were appointed ; since that time they have been elected by the people. The office and duties are descended from the English courts of the same name, but are much less important, and under the laws of this State are purely the creation of the statute. The office of justice is of very little importance in the administration of law, and with the loss of much of its old-time power has lost all of its former dignity.
This brief survey of the courts of New York, which omits only those that are local in character, gives some idea of the machinery provided for the use of the members of the bench and bar at the time of the erec- tion of Yates County in 1823.
RECOLLECTIONS OF THE OLD YATES COUNTY BAR.
William M. Oliver came to Penn Yan at an early date from Cherry Valley, Otsego County. He was then a young man, but by his careful, prudent, and conservative counsels he very soon became one of if not the leading citizen of this village. His voice and influence were poten- tially felt in all public enterprises. He was generous and liberal. His benefactions were freely bestowed upon those in need, and it may be
I71
RECOLLECTIONS OF THE COUNTY BAR.
truthfully said that no poor man ever applied to him for assistance in vain. For many years he shaped the politics of this county, and he was always esteemed the most sagacious politician in the county, and in the State he was consulted by the leading members of his party. In 1823, the year this county was organized, he was appointed the first judge of the old Court of Common Pleas, which office he held until 1828. He was again appointed to the same office in 1838 and contin- ued to hold the same until January, 1844. In the fall of 1836 he was elected State senator under the constitution of 1821, which office he held one term-four years. The Senate at that time was composed of able lawyers. This was quite necessary then, as the Senate was a branch of the old Court for the Correction of Errors. Many of his opinions in cases decided in that court appear in the reports and compare favora- bly with the opinions written by other senators and judges composing that court. It is apparent that he secured and had the confidence of his fellow senators, for in 1830 there was a vacancy in the office of presi- dent of the Senate and he was elected to fill that office, and thereby became lieutenant-governor of the State. In this office he acquitted himself with credit to the satisfaction of his friends. He was subse- quently appointed one of the clerks of the Supreme Court of this State This office was very lucrative and then located in Geneva. But he did. not change his residence. While holding that office he was elected presi- dent of the "Yates County Bank," the charter for which had then lately been granted by the State legislature. He held this office until its failure in 1857. He was elected to Congress in the fall of 1840 and held that office one term. He was an honored and useful member of that body, and though a new member he exhibited so much sagacity and wisdom in the direction of public affairs that his counsel and advice were sought on all public questions by his party friends. It was Judge Oliver's misfortune that he accepted the presidency of the bank and resigned that of clerk of the Supreme Court, for while one paid him largely the other in the end brought upon him financial ruin and great mental sorrow and distress, from which he never recovered We think it may be fairly said, however, that the failure of the bank of which he was president had its origin in causes which did not involve crooked- ness or moral turpitude on the part of its president.
172
HISTORY OF YATES COUNTY.
Henry Welles was born in Kinderhook, and at an early day his father with his family removed to the east bank of our. lovely Lake Keuka, where he spent his boyhood days. He read law with that eminent lawyer, Vincent Mathews, at Bath, where he commenced his profes- sional life. In about the year 1829 he removed from Bath to Penn Yan, where he lived until the time of his death in March, 1868. Judge Welles was a man of strict integrity and always commanded the re- spect of his fellow citizens. He always stood in the front rank of his profession and had a large practice. He never acquired distinction as an advocate, but always gave his cases a patient examination and thor- ough study, hence his success before the courts. His first office was that of district attorney of this county. Several years prior to his election as a justice of the Supreme Court, and in June, 1847, he was appointed and acted as one of the associate judges of the old Court of Common Pleas. Here he laid the foundation of that confidence which led to his selec- tion and elevation as a justice of the Supreme Court. This latter office he held until his death. As an able, industrious, and conscientious judge none stood higher or was more highly esteemed. It was well and truly said of him by an honored member of the bar of this judicial dis- trict on the occasion of his death :
" As a judge he was characterized by a sincere desire to do the right by a patient, painstaking industry, which was never satisfied short of an exhaustive examination of the subject under consideration, by a broad common sense, which his learning and experience had ripened into a comprehensive, judicial wisdom ; by a dignified courtesy, which was never provoked into petulance or irritability, and which never degenerated into unseemly facetiousness. As a man he was characterized by a simple ingenuous- ness, by fatherly kindness, by strict integrity, and by Christian courtesy."
Roderick N. Morrison was among the lawyers in this county who at an early date deservedly obtained an eminent distinction. He was a man of broad culture, of commanding appearance, and an astute and successful lawyer. He built and until he removed from here resided in the residence of the late Abram Wagener and now occupied by Mrs. Ida Thompson Drake. He left Penn Yan in about the year 1833. Subsequently he went to California, where he achieved distinction.
Before Mr. Morrison left Evert Van Buren, then a young man, removed here from Kinderhook. Mr. Van Buren and Mr. Morrison at once became rivals; that is, in every important case they were sure to be
173
RECOLLECTIONS OF THE COUNTY BAR.
pitted against each other. Van Buren was bright, witty, and wonder- fully sarcastic. He possessed unusual ability as a speaker and his ad- dresses to a jury were usually distinguished for eloquence and convinc- ing power. He examined a witness with great adroitness, and if a witness attempted to prevaricate he broke down under the fire of this eminent examiner. While Mr. Van Buren was not a great lawyer as such, yet he was one of the ablest advocates, if not the ablest, who has ever prac- ticed at the Yates County Bar. He removed from here to Chicago in 1857, where he achieved success and wealth.
James Taylor, about the time Mr. Morrison left, removed to Penn Yan from the town of Starkey, where he had previously practiced his profession. Mr. Taylor, while a resident of Starkey and in the year 1832, was appointed district attorney of the county and held the office for four years. He was a man of marked integrity, courteous and gentlemanly in his deportment, and had the confidence and respect, not only of his fellow members of the bar, but of citizens generally through- out the county. He was persuasive in argument, and by his great can - dor he became a strong man with a jury. He had a good practice and met with reasonable success. He was a ruling elder in the Presbyterian Church in this village and his influence in the church was conservative and healthy. He removed to Kansas in 1857, whither some members of his family had already preceded him.
Justice S. Glover came to this village some few years prior to 1840, where he practiced his profession until he removed to Michigan. Mr. Glover had a good legal mind, but an uncontrollable temper, which really disqualified him in a great measure from general practice. He had great confidence in his own knowledge of the law and could not bear contradiction nor accept with patience an adverse decision of the court. His unfortunate temperament prevented that degree of success as a lawyer which he might otherwise have attained.
James L. Seeley practiced law at Dundee, where he died a number of years since. He was an honest man and an honorable practitioner. His word was accepted by his professional brethren and was deemed as sacred as his stipulation in writing. He scorned any quibling or arti- fice. He was frank and open as the light of day. He had a good legal mind,-could readily observe distinctions in cases and reach the vital
·
174
HISTORY OF YATES COUNTY.
point in a case. He was very careful and conservative and always sought to prevent litigation rather than promote it. He was not a good trial lawyer and seldom trusted himself to try an important case unas- sisted. His counsel and advice were sought by those who wished to be advised rightly and safely, and this was his strong point.
Delazon J. Sunderlin was not admitted to the bar until 1846. His love for the profession had its origin in the courts of the justices of the peace of his neighborhood, where he had a large practice and gained much notoriety for his great ingenuity and success in the trial of cases previous to his admission. After his admission to the bar in 1846 he at once entered upon a full practice in this and the adjoining counties of Steuben and Schuyler. He at the time of his admission was a success - ful farmer in the town of Barrington, where he continued to live until the time of his death, except a short interval spent in Penn Yan. Mr. Sun- derlin was a stalwart man, capable of great physical endurance, which was often taxed to its utmost. He was a very successful trial lawyer. He never permitted a point to pass his observation and he was wonder- fully fruitful in discovering the weak points of his adversary's case, and exercised great skill and ingenuity in presenting his own case in its most favorable light He was always a hard man to meet and much more to beat, for when opposite counsel felt secure and confident of success it was not unlikely that Mr. Sunderlin would suggest new ques- tions and new difficulties to be overcome. One thing may be truly said of Mr. Sunderlin : When beaten by the court he accepted the de- cision without a murmur. He was always courteous and gentlemanly, not only with the court, but the members of the bar also. , He was liberal and honorable in his practice. In November, 1850, he was elected district attorney of the county and held the office one term. The duties of this office he discharged with ability and satisfaction to the people.
Benedict W. Franklin came to Penn Yan to practice law in or about 1836. He was born in Kinderhook and upon coming here he at once took rank with the best resident lawyers. He had a large clientage so long as he remained in practice. Mr. Franklin was a very industrious man; he worked upon his cases with great industry and with the utmost care-so much care did he bestow upon his cases before trial that fre-
L .V. Van, alen
175
RECOLLECTIONS OF THE COUNTY BAR.
quently when the Circuit was reached he was exhausted with solicitous overwork. He was a fair lawyer, but too doubtful of his own opinions to make himself self-reliant. In temper he was somewhat irascible, but still he did not allow his disposition of temperament to interfere with the management of his cases. He was the adviser of many of the moneyed men of this county. As he grew older he somewhat lost his interest in the parctice of the law, especially in contested cases. Before his death he devoted the most of his time to the placing of money by way of loans upon bonds and mortgage, and at the time of his death was virtually out of practice. Mr. Franklin, though an impulsive man, enjoyed the confidence of all as an honest, upright, and truthful gen- tleman.
James V. Van Allen came to Penn Yan from Kinderhook sometime about the year 1844 or 1845. He was then a young man and had not previously entered upon the practice of the law. Soon after coming here he accepted a position in the law office of Mr. Franklin as a clerk, and subsequently became a partner of Mr. Franklin. He held the office of justice of the peace for the town of Milo for many years, and dis- charged the duties of that office with eminent ability and satisfaction. Mr. Van Allen was an office and not a trial lawyer. As an office law- yer he had no superior. He made the practice a study and successfully mastered its intricacies. As stated he was not a trial lawyer, and yet it does not follow that he was not a good lawyer. He possessed an analytical mind-quickly possessed himself of the vital points of a case, and he was a safe man to advise with. He was careful and con- servative in his advice, and his opinion upon any legal question was deemed both valuable and reliable. His practice was quiet, but lucra- tive. He was very companionable and enjoyed the society of his friends. He died very suddenly and unexpectedly in the prime and vigor of his manhood.
A. V. Harpending finished his clerkship in the law office of Evert Van Buren, coming to Penn Yan from Dundee in the fall of 1840. He was admitted to the bar in the year 1844 and at once opened an office in Penn Yan. For about a year and a half after that William S. Briggs was his partner, though the latter had not then been admitted. Mr. Harpending was naturally a brilliant man. As a trial lawyer and be-
176
HISTORY OF YATES COUNTY.
fore a jury he showed genius and skill and was reasonably successful in his efforts. He had a good paying practice. He was genial, witty, and eminently social, was greatly attached to his friends, and had a host of them. He was elected to the office of district attorney of this county in the fall of 1853 and held the same one term. He repre- sented this county in the Assembly in 1857, and was senator from the district of which this county was then a part at the time of his death, which occurred at Albany in the spring of 1871. Mr. Harpending dis- charged the duties of district attorney with, zeal and fearless integrity, and such was the sentiment and opinion of all who were within his sphere of knowledge. His untimely death, coming to him as it did while holding and exercising the functions of an honorable office, with a bright future before him, created a deep sensation at his home and cast glooin and sadness over this entire community.
Daniel Morris was born in the town of Middlesex and did not enter upon the practice of the law until he had reached mature manhood. The early years of his practice were spent at Rushville, where he ac- quired an excellent reputation as a successful lawyer. He was elected to the Assembly in the fall of 1858 and served one term. Subsequently he removed to Penn Yan, where he opened an office and practiced his profession. He was elected a member of Congress in the fall of 1864 and was re-elected to the next Congress, having served two terms. Mr. Morris was in Congress during the exciting period of the war and warmely co-operated with the friends of the national cause in the sup- pression of the Rebellion, and he took a deep interest in the welfare of the sick and wounded soldiers of the district. Mr. Morris did not have the advantages of an early education, yet by study and contact he be- came a well educated man. He was favored with good natural abili- ties and was a lawyer of considerable repute. He was strong with a jury and was successful in many important and close cases, and had he given his whole time to his profession he would have become eminent.
Morris Brown came to Penn Yan from Hammondsport prior to the year 1856. He had previously become the owner of a large timber tract lying south of Milo Center. At first he gave much of his time to this interest, but subsequently resumed and continued in active practice to
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.