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 17
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the time of his death. Mr. Brown was a man of fine and impressive presence, of broad culture, and dignified manner. He possessed natural ability of a high order, which was developed by reading and culture. He was a sound lawyer, and possessed the rare talent of presenting legal questions to a court in a terse and forcible manner. In 1843 he represented in part the county of Steuben in the legislature of this State. He also held the office of register in bankruptcy, and at the time of his death he was senior member of the firm of Brown & Wood.
David B. Prosser was a native of this county and did not commence to read law until he had reached his twenty-fifth year. The profes- sion of law as an occupation was more a necessity than choice with him. In his earlier years he had given attention to the business of surveying, and while engaged in this calling he ascertained that a body of land in Jerusalem was held and possessed by parties whom he believed had no legal title. He purchased this land of the legal owner and brought ejectment to recover its possession. Mr. Prosser became so much in- terested in the legal questions involved that he at once gave his time and attention to an examination of the legal questions involved in his suit. His own interest prompted him to a close study and most thor- ough reading of the body of our law pertaining to real estate, its tenure, and the rules of law governing its transmission and descent. He suc- ceeded in his cases in the highest courts of this State, and his accurate knowledge of that branch of the law, secured by his diligent study in their trial and preparation for the consideration of courts, made him a critical lawyer in that specialty. His success in these cases brought him into public notice at once and gave him a good clientage. Mr. Prosser was not an educated man, nor was he fluent in his speech, hence he was not an able man before a jury. Still he never hesitated to stand in his place and perform that duty to the best of his ability ; and though thus trammelled the jury did not often fail to get an intel- ligent idea of his views of the case. Mr. Prosser was always regarded by his cotemporaries as the best lawyer in the county. He had a re- markable retentive memory, was self-reliant, and wonderfully tenacious of his opinions. He was the cotemporary of Judge Welles, James Taylor, Charles G. Judd, Judge Lewis, James L. Suby, and Delazon J. Sunderlin.
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HISTORY OF YATES COUNTY.
Samuel H. Welles, the only son of Judge Henry Welles, died in Oc- tober, 1867, only a few months before his father. He was in the prime of life when he died, and his death, entirely unexpected as it was, pro- duced a profound sorrow. Samuel H. Welles, though not brilliant, yet by the advantages acquired by a liberal education through the careful and painstaking tutelage of his father, and the advantages of his sur- roundings, he became and at the time of his death was a good lawyer. He had secured a good practice and his business and patrons were in- creasing when removed by death. At that time he was postmaster of Penn Yan. Mr. Welles was a genial, courteous gentleman and had a troop of warm friends.
John L. Lewis had a national reputation as member of the Masonic fraternity and a Knight Templar. Judge Lewis had the advantage of excellent tutelage in his youth from his father, who was a highly edu- cated man and devoted his time to teaching. Hence early in life Judge Lewis was recognized as a scholar with scholarly tastes and habits. He possessed rare ability as a speaker, and in his prime was often called upon on public occasions for public addresses. His diction was classic and his delivery faultless. No young man has grown up with us who ever gave better promise of great distinction in his profession than did Judge Lewis. The writer would not be understood that Judge Lewis was a failure at the bar, only that he was unsuccessful in achieving that degree of success of which his real ability and early development gave promise. He seemed to have attained the highest measure of his suc- cess in his chosen profession at an early age. He was appointed dis- trict attorney of the county in 1841 and held that office until June, 1847, when he was succeeded by Daniel Morris, who was then elected by popular vote under the constitution of 1846. In 1851 he was elected county judge and held the office for one term. He continued in prac- tice until his death, which occurred in the year 1889. In his later years Judge Lewis was sadly afflicted in the death of his wife and his two children-his only children. These bereavements seemed to crush his spirit and no doubt unnerved him for the battle of life. In his prime he was a very genial man, was fluent and edifying in his con- versation, and enjoyed the confidence and respect of all.
Charles G. Judd was a practicing lawyer in this county for many
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years. He died a few years since, full of years and experience. In 1836 he was appointed to the office of district attorney and held the same until succeeded by Judge Lewis in 1841. Mr. Judd must have become a resident of this place as early as 1830, and hence was the co- temporary of Judge Welles, Roderick N. Morrison, Evert Van Buren, James Taylor, D. B. Prosser, and B. W. Franklin. For several years he was associated with Judge Lewis, the name of the firm being Judd & Lewis. Mr. Judd was a man of fine presence, but quite distant and reserved in his manner, which gave the impression that he was cold and selfish, but it may be that this was his temperament and did not cor- rectly represent the real man. Mr. Judd was an educated man ; he was a close student and a critical lawyer. He learned to practice under the old system, and he was an apt student, for in his day it was quite generally conceded that he was the most accurate and critical pleader then practicing at the bar. He was also a learned lawyer. He was gifted with a close and analytical mind. His reading was well directed and his conclusions logical. While it was conceded by all that Mr. Judd was learned in the law, at the same time the belief was quite gen- eral that he was too critical and was too narrow in his constructions. In other words, that he did not take sufficiently broad views of ques- tions under consideration.
Andrew Oliver was born in Penn Yan, his father being Judge Will- iam M. Oliver. He had every advantage of early education which a young man could desire. After graduation he immediately entered his father's office, then a one-story brick office on the corner of the lot now occupied by Edson Potter, and after his admission entered upon the practice of the law in the same office. At that time the Yates County Bank was in full life and operation and Andrew was the attorney for the bank. This gave him a quiet business, which was well adapted to his habits and tasts. He never sought litigated business, and if by acci- dent such fell into his hands he always called to his assistance a trial lawyer. He was appointed first judge of the old Court of Common Pleas in January, 1844, and held that office until June, 1847, when un- der the constitution then just adopted he was elected county judge, which latter office he held one term-four years. In the fall of 185 1 he was elected to the Twenty-eighth Congress and was re-elected two
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years after. After this service in Congress he retired to a farm in the town of Torrey near Dresden. Subsequently and in the fall of 1870 he was again elected county judge and served for six years, the term in the meantime having been extended from four to six years. Judge Oliver, though an educated man, was exceedingly modest - even timid. He was not a brilliant man, and it was only when thor- oughly aroused that he evinced capabilities which under ordinary cir- cumstances seemed dormant. He was a reasonably fair lawyer, and with time for thought his conclusions were usually sound. He seemed to lack that force of character essential in a presiding officer, hence it cannot be said that he was a success as a leading officer in the courts over which he presided. He always seemed popular with the people when before them for their suffrages. With all his excentricities he was still held in high repute and commanded the respect of his fellow citizens.
Henry M. Stewart was born in Oneida County and came to this county with his father when a boy. He was educated in our common schools, completing his education at the Canandaigua Academy. He read law with Mr. Prosser and was admitted and commenced to practice his profession in Penn Yan in the year 1839. In 1840 he was an act- ing master and examiner in chancery. Mr. Stewart was elected dis- trict attorney of this county in the fall of 1856 and held the same office for two. terms thereafter. Mr. Stewart's natural endowments were far above the average, but it cannot be truly said that he developed them as he might have done. He possessed a clear and logical mind, was a close and logical reasoner, had clear conceptions of the law as he read it, at once apprehended the vital questions involved, and presented them clearly to a court or jury. He was a forcible speaker and always treated his antagonist with fairness and the utmost candor. He was an honorable practitioner, scrupulously honest in all his intercourse, never resorting to any artifice to secure a point or gain an end. He had the confidence and commanded the respect of all members of the bar ; and yet he was not a successful lawyer-that is he did not succeed in build- ing up a practice. And why ? He was too modest, too uncombative to seek or take any case which would require a fight or contest. Besides this he lacked that push and energy essential to success. This, however,
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may be said he never failed to meet and push with vigor and zeal the prosecution of any criminal who got ensnared in the meshes of the criminal law.
John D. Wolcott was the son of Dr. Wolcott, of Starkey, and a brother of H. G. Wolcott, late of Dundee. He read law with Evert Van Buren in Penn Yan, and upon his admission to the bar com- menced the practice of the law. Soon after his admission he entered into partnership with Justus S. Glover, his brother-in-law, and this rela- tion continued until Mr. Glover removed from Penn Yan. He was elected to the office of district attorney in the fall of 1862 and held the office two terms. He discharged the duties with satisfaction and fidel- ity. Mr. Wolcott was educated in the common schools and at Starkey Seminary, where his father at one time resided. He was not a brilliant man nor was he a broad minded lawyer. Yet Mr. Wolcott by his in- dustry was quite successful in his practice, exhibiting at times much shrewdness and tact in the trial of his cases. Doubtless had he not been cut down so early in life he would have developed qualities which, with his push and aggressiveness, would have developed a broader foundation and a more accurate knowledge of the general principals of the law. It may be fairly said of Mr. Wolcott that he was reasonably successful as a lawyer, and that he was a careful, saving, and prudent man and a good citizen.
Hiland G. Wolcott was the son of Dr. Wolcott. He first read medi- cine with his father, but finally changed to the profession of the law. He was for many years a partner of James L. Seeley, but when Mr. Seeley was stricken in health he continued the practice alone. Mr. Wolcott was not a trial lawyer. Indeed he would never try any cause, not even his own. Yet it may be rightly said of him : He was a good lawyer. Especially was he noted for his knowledge of equity law and the practice governing that branch of the law. He was a practical sur- veyor, and as such had been called upon to measure and map the prin- cipal farms in the town of Starkey. This knowledge, and the fact that he made maps and kept copies of all the surveys he made, necessarily brought him a class of business which his knowledge thus acquired naturally qualified him to do. It will be seen that his specialty was office business. He had a large practice in the Surrogate's Court, and
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HISTORY OF YATES COUNTY.
very justly had the reputation of being an excellent accountant. He was gentlemanly in his intercourse and had the confidence and esteem of the members of the bar.
Henry A. Wisner was one of the older lawyers of Penn Yan, that is he was one of the early practitioners at the bar after the organization of this county. He came from a noted and distinguished family and was a highly educated man. He possessed an unusually bright mind and deservedly took rank as an able lawyer. His unfortunate habits, however, were an impediment to his usefulness as a man, and prevented the attainment of that measure of success which otherwise he might have reached. Judge Lewis read law with him, and in 1840 he was an acting magistrate of this town and his office was in the corner of his lot on which stood his residence, at the corner of Elm and Liberty streets.
Charles S. Baker was born in the village of Burdette, Schuyler County, N. Y., December 27, 1835, the oldest child of Susan E. and Elijah Baker. The other children of this couple were Sarah, George, and Francis E., the first and last surving. As a child Charles S. was sturdy and well developed, and at an early age he assumed charge of the stables connected with his father's boarding and canaling business, his duty consisting in preparing horses for market, caring for diseased and disabled horses, and otherwise supervising that branch of an exten- sive business. At the age of fifteen he entered the office of Brooks & Tomlinson, of Elmira, N. Y., for the purpose of studying law, his prev- ious educational opportunities having consisted of a common school education during the winter months and one year at Lima. During the last two years of his law study he taught mathematics in the Female Seminary at Elmira. He was admitted to practice law one year before he arrived at his majority and at once entered the employ of Brooks & Tomlinson, where he continued two years. At the expiration of that period some gentlemen residing and doing business in Dundee consulted Brooks & Tomlinson for the purpose of securing some young and com- petent lawyer to come to Dundee and open an office. With their ad- vice and recommendation Mr. Baker came to Dundee in 1857 and opened an office. He remained there until the spring of 1861, his en- ergy and ability gradually bringing to his office a remunerative prac- tice. December 27, 1859, he married Hannah Elizabeth Harpending
H.J.O. ENG. CO. SYR
William & Briggs
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(deceased), only daughter of Asbury Harpending, of Dundee. The issue of this marriage was one child, Asbury H. Baker, who survives them. In the spring of 1861 Mr. Baker moved to Penn Yan and entered into partnership with Abram V. Harpending. This continued until 1867, when Mr. Baker moved to Hudson City, N. J., and entered the employ of one Clark at 128 Broadway, New York, conducting the details of an extensive and important practice. At the end of the year he severed his connection with Mr. Clark and formed a partnership with J. W. Feeter under the firm name of Feeter & Baker. At about the same time he moved from Hudson City, N. J., to Clifton, N. J. In the spring of 1870, after suffering the most severe financial losses resulting from some injudicious endorsements, he returned to Dundee and re opened an office. After two years he entered into partnership succes- sively with James Spicer at Dundee and Hon. Hanford Struble at Penn Yan, the periods of time consumed by these two partnerships extend- ing to 1876. At that time he formed a partnership with Hon. Henry C. Harpending at Dundee. During his partnership with Mr. Harpend- ing he became interested in and lent his aid in the construction of the Syracuse, Geneva, and Corning Railroad, and from the time of its com- pletion until his death he was one of the attorneys for the company which built the road. After dissolving with Mr. Harpending Mr. Baker became associated with L. M. Hair and H. V. L. Jones, succes- sively, at Dundee, these two partnerships extending to 1884, when he again moved to Penn Yan for the purpose of forming the partnership with Hon. William S. Briggs which continued until Mr. Baker's death. These brief facts simply record the different business relationships en- tered into by Mr. Baker, but fail utterly to give an idea of his life work. The writer is forced to admit he is unable to frame language fitting the description. Mr. Baker was honorable, just, generous to a fault, inde- fatigable in the performance of his work and duty, a consistent church- man, true as steel to his friends, and charitable to his enemies.
PERSONNEL OF THE PRESENT YATES COUNTY BAR.
William S. Briggs was born in the town of Milo, October 30, 1820. He was educated at the common schools and Lima Seminary, at the
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latter institution attending three years. Also during this time he oc- casionally taught school. In April, 1840, he commenced reading law with David B. Prosser and in 1846 was admitted after examination upon motion. Judge Briggs, for by this title has he been known for many years, has always practiced at the county seat. His first partner was A. V. Harpending, with whom he was associated two or three years, when Mr. Briggs was compelled on account of sickness to retire temporarily from professional work. He went upon a farm, but in Oc- tober, 1849, returned to the village and formed a law partnership with his old instructor, D. B. Prosser, with whom he was associated until 1856, when Counsellor Briggs assumed the duties of the office of county judge, to which he was elected the preceding fall. As judge of County Courts Mr. Briggs thereafter served four successive terms, covering a period of sixteen years, and then declined a renomination for the same office. Following this Judge Briggs resumed his partnership with John T. Knox, which relationship was maintained until the firm was dissolved by Judge Briggs again going upon the County Court bench, Mr. Knox at the same time becoming district attorney of the county. Judge Briggs thereafter served one term of six years, making his service upon the bench cover a period of twenty-two years. At the end of his last term a partnership was formed with Charles S. Baker, which was dissolved by the death of the latter in April, 1891. Hon. Martin J. Sunderlin succeeded Mr. Baker as a partner, which firm, known as Briggs & Sunderlin, is still in active practice.
Hanford Struble .- For sketch of Judge Struble see Biographical De- partment of this volume.
Martin J. Sunderlin was born in Barrington, April 11, 1833. His early education was acquired at the district schools of the town, after which he attended the Dundee Academy for two terms. He read law under the direction of his father, Delazon J. Sunderlin, then in practice in Barrington, commencing about 1853 and continuing about three years. He was admitted at May General term of court in 1856, at Auburn. In November following his admission Mr. Sunderlin began practice at Barrington in partnership with his father, under the firm style of D. J. & M. J. Sunderlin. This relation continued until 1864, when our subject temporarily left the profession on account of ill health.
Canfora Strable
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Two years later he resumed practice in connection with farm work in Bar- rington, but in the spring of 1872 he went into active practice at Watkins, where he remained until the spring of 1891, coming then to Penn Yan and becoming the business partner of Judge 'Briggs, succeeding the late Charles Baker. While a resident practitioner in Schuyler County in 1882 Mr. Sunderlin was elected county judge, serving from January I, 1883, to January 1, 1889. In politics Judge Sunderlin is a Democrat, and as the candidate of that party was elected to the judgeship.
Benjamin L. Hoyt was born in Litchfield, Conn., on June 22, 1819. In 1820 the family came to New York State, living for a short time in each of the counties of Chenango, Tompkins, and Otsego. In the latter county Benjamin L. attended school in the old Cooper mansion and later at an academy at Amsterdam. His father's family also lived for a time at Philadelphia, but afterward came to Steuben County. Here Benjamin commenced the study of law with Morris Brown, of Ham- mondsport, but after a year or so came to Penn Yan and read in the office of Wisner & Lewis. In 1841 he was admitted to practice in the old Common Pleas Court and afterward, at Syracuse, he was admitted as a Supreme Court practitioner. Mr. Hoyt has ever since lived in or near Penn Yan, and has been known as a successful school teacher as well as a lawyer. In the law practice he was once associated with John L. Lewis. In 1850 he was elected justice of the peace of the town of Milo and held that office thirty-two years. He was justice of sessions two terms. Before his election to the justiceship 'Squire Hoyt was town inspector of common schools. In local school affairs he has been interested, being now one of the longest continued members of the Board of Education. For two years he was president of the board and then declined a re-election to the same position. In politics 'Squire Hoyt is a firm and unflinching Republican.
James Spicer was born in Barrington, N. Y., October 23, 1826. His early education was very limited and confined to a brief attendance at the district schools. He read law with D. J. Sunderlin and was admit- ted to the bar in 1862. Mr. Spicer practiced mainly at Dundee, but for one year he was at Watkins in partnership with Judge Hurd. Com- mencing in 1877 he practiced with Hon. Hanford Struble one year at Penn Yan. At Dundee Mr. Spicer's law partner was H. G. Wolcott
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HISTORY OF YATES COUNTY.
until 1872, who was succeeded for three years by the late Charles Baker. His practice at the county seat then followed. In 1880 James Spicer organized the Dundee National Bank and since that time has been its president. This office and its duties have necessitated his re- tirement in part from the general practice of the law, and he now re- sides on his farm of 171 acres one mile north of Dundee, one of the most beautiful farms in Yates County. He takes great pride in super- vising it and in raising blooded stock.
John H. Butler, the editor and publisher of the Vineyardist, a well known paper issuing from the county seat, was a native of Le Roy, Gene- see County, N. Y., born July 3, 1836. His early education was received in the common schools only, while his legal education was acquired by reading law in the office of Hon. C. J. McDowell, of Cohocton, whose daughter he married, and at the Albany Law School, he being gradu- ated from the latter in 1859. From the time of his admission to the bar until 1877 Mr. Butler practiced law in Steuben County, and during that time he was twice elected district attorney, first in 1866 and re-elected in 1869. He was also supervisor of his town for several terms and held other minor offices. He took an active part in the War of the Rebel- lion, having enlisted as a private and chosen a lieutenant of his com- pany. Coming to Penn Yan Mr. Butler became a member of the law firm of Brown, Wood & Butler, which continued until Mr. Brown's death, and was succeeded by the firm of Wood & Butler and later by Wood, Butler & Morris. In March, 1883, Mr. Butler withdrew from the firm and three years later he established the Vineyardist, a news- paper publication of which he was the founder and has continued to be its editor and publisher to the present time. Soon after coming to Penn Yan Mr. Butler was appointed register in bankruptcy for the Twenty- eighth Congressional District and held office till the bankrupt law was repealed. In politics Mr. Butler is a strong Republican.
Silas Kinne is better known as cashier of Baldwin's Bank of Penn Yan than as a member of the Yates County Bar, yet he has been a lawyer since 1860. He was born in Seneca County, May 6, 1836, and was ed- ucated at Ovid Academy, from which he was graduated in 1855. From Rutgers College he graduated with the class of '59. He then attended the Albany Law School and was admitted at the Albany County Gen-
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eral term in December, 1860. For more than nine years prior to 1870 he practiced law at Ovid, but in May of that year he came to Penn Yan to take the position of cashier in Baldwin's Bank, with which he has ever since been identified. Mr. Kinne is an active Democrat; he was twice the candidate of his party for the office of county treasurer and once for county judge and surrogate. As was expected he was each time defeated at the polls, yet the run he made was certainly gratifying to himself and his friends. For six years he was trustee of the village and is now a member of the Board of Education. He is also a member of the firm of Potter, Kinne & Kendall, dealers in lumber, coal, etc.
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