USA > New York > Monroe County > Landmarks of Monroe County, New York : containing followed by brief historical sketches of the towns of the county with biography and family history > Part 21
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Samuel Lee Selden, one of three eminent members of the Rochester bar who successively adorned the bench of the court of Appeals of the state of New York, was born in Lyme, Conn., in October, 1800, and came to this city in the year of his majority. He entered the law office of that distinguished jurist, Addison Gardiner, with whom, after his admission to the bar, he formed a partnership. Afterward his brother, Henry Rogers Selden, was their student. The three men thus associ- ated were destined to rank as leaders in the jurisprudence of the Em- pire state and figure in conspicuous positions in the history of legal science. In 1831 Mr. Selden was appointed first judge of the Monroe Common Pleas and held that office eight years. He was also master and clerk of the court of Chancery. In 1847 he was nominated by the Democrats for justice of the Supreme court and was elected by a hand- some majority, receiving the votes of both political parties, his own being in the minority. Serving his full term, he gave evidence of the possession of such consummate judicial aptitude and uncommon legal talent that in 1855 he was elected judge of the court of Appeals in place of Judge Addison Gardiner, who retired, declining a re-election. Here he served with conspicuous ability until, to the great regret of his breth- ren of the bench and the bar of the state, his health compelled him to resign his seat July 1, 1862, after which he passed his life in retirement in Rochester, where he died widely respected and esteemed, Septem- ber 20, 1876.
Judge Selden's written opinions are beautiful works of literature, as well as able and authoritative documents on legal procedure. His pro- found knowledge of law, his keen sense of justice, his unswerving ad- herence to right, and his wonderful command of language, permeate every line: His judgment seldom erred. His writings may be found in Vol. 5 of Selden's (his brother's) reports, court of Appeals, to Vol. 24 of New York reports. and also in the Supreme court reports during his
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occupancy of that bench. Judge Selden was distinctively a professional man. He nevertheless took a keen but quiet interest in public affairs, yet he never mingled with them in the sense of an active worker. Tall and slender, of a retiring disposition, he was endowed with a distin- guished physique, and throughout life devoted himself almost wholly to his chosen calling. He was charitable, enterprising, and public spirited, and was intimately associated with various local institutions. At a time when Prof. S. F. B. Morse was knocking at the doors of capital to place his system of telegraphy in operation the two Seldens, Henry O'Reilly, Jonathan Child and a few others organised a company to construct a line forty miles in length between Harrisburg and Lancaster, Pa. The Seldens later acquired an interest in a similar corporation formed under the House patents, and were thus among the very pioneers in teleg- raphy in the world, virtually laying the foundation of the present West- ern Union system, which eventually developed from the last named company.
Judge Selden's wife, Susan, was a daughter of Dr. Levi Ward, who came to Rochester from Haddam, Conn., almost at the earliest settle- ment of the Genesee country. They had one child, a son, who died in boyhood.
Henry Rogers Selden was born of Puritan stock at Lyme, Conn., October 14, 1805, and followed his brother, Samuel Lee Selden, to what is now the city of Rochester, then Rochesterville, in 1825. He studied law in the office of S. L. Selden and Addison Gardiner, and thus laid the foundation of a legal learning which was destined to adorn the bench of the court of Appeals and figure in the highest jurisprudence of the Empire state. Admitted to the bar in his twenty- fifth year, he im- mediately began the practice of his profession at Clarkson; about 1857 he removed to Rochester, where he subsequently resided. His career was marked with brilliant achievements and distinguished honors, and exemplifies all that can be accomplished by a self-made man. He early became identified with politics, and during the Fremont and Day- ton campaign of 1856, with John A. King as the leader, triumphantly carried the banner of the newly organised Republican party to victory in this state. Mr. King was elected governor and Mr. Selden lieuten- ant-governor, and they were the first two members of the new party to
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H R Selden
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triumph in the nation. It is a noteworthy fact that during the canvass Mr. Selden was in Europe on professional business.
He was presiding officer of the senate at a period when skilled parlia- mentarians belonging to a party hostile to the Republicans were power- ful and influential members, yet none of his rulings ever suffered the reproof of dissent. He was impartial, dignified, and just. His services here had so noticeable a judicial cast that in July, 1862, when Samuel L. Selden retired from the bench of the court of Appeals, Gov. Edwin D. Morgan appointed him to the vacancy, which office he held until the close of 1864. His opinions may be found in Vols. 25 to 31 New York reports, while his work as official reporter of the court is included in Vols. 5 to 10 of the same, more commonly cited as I to 6 Selden, with a small volume of addenda known as Selden's notes, all of which were the product of his labor and learning while court of Appeals reporter. He is believed to have first suggested the principle of the homestead exemption law, which, modified and fitted to the exigencies of the time, has long been in force in many states and territories of the union.
Except while on the bench, and a year or more in search of health in Europe, Judge Selden continued in the active practice of his profession from 1830 to 1879, when he retired. Outside of that, however, he was always interested in every reasonable plan for the advancement of man- kind. The greatest enterprise in which he engaged was the Morse tel- egraph. In 1845, with Henry O'Reilly, a Rochester journalist who had entered into contract with the patentees, he inaugurated a movement that resulted in the organisation of the Atlantic, Lake and Mississippi Valley telegraph company, with Mr. Selden as president, to build a tel- egraph line forty miles in length between Harrisburg and Lancaster, Pa. The subscribers to the capital stock were Henry R. and Samuel L. Selden, Jonathan Child (first mayor of Rochester), Elisha D. Ely, Hugh T. Brooks, Micah Brooks, Alvah Strong, George Dawson, John S. Skinner, and Hervey Brooks. Afterward the Selden brothers acquired an interest in the New York and Mississippi Valley printing telegraph company, one of the largest corporations on the globe. Thus the Sel- dens were among the very pioneers of telegraphy in the world.
In 1865 Judge Selden was elected member of assembly from the second district of Monroe county, and labored in that capacity as mod-
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estly as if he had never occupied the presiding chair of the state senate or the bench of the court of Appeals. Upon the reorganisation of the last named tribunal in 1870 he was a candidate, in the face of certain defeat, for the chief judgeship, his opponent being Sanford E. Church, of Albion. He was one of the callers of the famous Cincinnati conven - tion of 1872, and being dissatisfied with its result never again engaged in politics. Retiring from a long and successful legal practice in 1879 he lived quietly in his residence at the corner of Gibbs street and Grove place, in Rochester, until his death on September 18, 1885. In an obituary notice the Post- Express said :
"Judge Selden, at the time of his retirement, was the universally ac knowledged leader of the bar of Western New York. He was a man of broad charity, and won as much of affection by his kindness of heart as he did of respect and confidence by his depth of learning and probity of character."
He was a liberal contributor to charitable institutions and officiated as manager of several of them. "The life work of the two jurist brothers stands out in bold relief as a noble part of the leading political history of the Empire state, and constitutes a source of just pride to every one of its citizens."
September 25, 1854, Judge Selden was married at Clarkson to Miss Laura Ann, daughter of Dr. Abel and Laura (Smith) Baldwin, who survives him. Of their children six died young; the others are Julia (Mrs. Theodore Bacon), of Rochester; Louise (wife of Col. now Gen. E. S. Otis, U. S. A.), deceased ; Mary (first wife of Hon. Francis A. Macomber), deceased ; George Baldwin, a prominent patent lawyer of Rochester ; Arthur Rogers, of Rochester ; Samuel Lee, a lawyer, de- ceased in early manhood; and Laura H. (Mrs. William D. Ellwanger), of Rochester.
E. Darwin Smith, who, in 1862, was one of the Supreme court judges elevated to the court of Appeals, became a member of the. Rochester bar in 1834, and for many years thereafter, as citizen, lawyer and mag- istrate, he occupied an exalted station in the estimation of his associates. Judge Smith began his professional career as clerk and student in the office of counsellor Ebenezer Griffin, and after his admission to practice became prominent in local history, though not in a political sense. He
J. L. ANGLE.
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was elected justice of the Supreme court in the fall of 1855, and re- elected in November, 1862. He succeeded Judge Samuel L. Selden, and, after twenty years of honorable and efficient service on the bench, was in turn succeeded by George W. Rawson. Judge Smith was ap- pointed to the general term and served in that capacity until his re- tirement from the bench in 1876.
Sanford E. Church, who, in 1870, was elected chief judge of the court of Appeals, came to Rochester from Albion. He was born in 1815, and, entering the legal profession soon after reaching his majority, became one of the early and leading lawyers of Orleans county, and at the same time a prominent figure in political life. In 1842 he was elected to the assembly, and in 1846 and '47 was chosen district attorney of his county. He was elected lieutenant governor in 1850, and began his term of office in January following. Seven years later he was elected comptroller of the state, and in 1867 was a member of the constitution revisionary convention. As is noted, he was elected chief judge of the highest court of the state in 1870. In 1868 Judge Church became a resident of Rochester, but later on returned to Albion, where he died May 14, 1880.
George W. Rawson succeeded to the office of Supreme court justice by election on November 7, 1876, taking the place of Judge E. Darwin Smith, who retired by reason of the age limitation. Judge Rawson's term of service on the bench was very brief, as he died in December, 1877, and was succeeded by James L. Angle. Mr. Rawson was elected special county judge of Monroe county in 1864, and was the first in- cumbent of that office, established by act of the legislature April 25, of the year mentioned.
James Lansing Angle was born in the town of Henrietta, Monroe county, December 19, 1818. His father had recently moved from Ballstown, N. Y., and settled upon an uncleared farm, building a log house upon the site now occupied by the West Shore station of Ridge- land. Educational facilities were slight in that locality, and it was not until he was quite a lad that a district school, secured mainly through the efforts of his father, was located in the vicinity of his home. Fol- lowing the custom of the time he attended school during the winter months and worked on the farm for the rest of the year, until the limit
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of the district school was reached. Later he attended school at Lima, and at the Monroe academy, and on his graduation obtained the posi- tion of teacher in the district school where he had begun his education. About the age of twenty-two he came to Rochester and began the study of law in the office of Gay & Stevens. Five years after he was admitted to practice. Soon after he was made clerk of the board of supervisors, and in 1854 represented the city in assembly. During his term of office the question of woman's suffrage was brought strongly before the legislature, and he was made the chairman of the select com- mittee, to which the matter was referred. The report of the committee which was drafted by Mr. Angle, while recommending the denial of the prayer of petitioners, presented the act known as the “Married Woman's Act," which secured a married woman's earnings to her own use and required her assent to apprenticing or the appointment of a guardian of her children. In 1858 he served as city attorney and in 1863 was chairman of the board of supervisors. On December 20, 1877, he was appointed by the governor a justice of the peace of the Supreme court, for the seventh district, to fill the vacancy caused by the death of Justice George W. Rawson. In 1883 he was elected to fill the same office, which he held until January, 1890, when he retired by reason of reaching the age limit. He died May 4, 1891. Judge Angle married Eleanor C. Eaton on February 3, 1846, by whom he had three children-a son who died in infancy, James M. Angle, and Anna M., who married Ludwig Schenck.
Hon. Francis A. Macomber, J. S. C., born in the town of Alabama, Genesee county, N. Y., April 5, 1837, was a son of William Macomber, an early settler and a prosperous farmer, upon the so-called " Oak openings " of that once famous wheat region. He spent his boyhood days upon his father's farm, and in attendance at the district schools of the neighborhood. He studied at what became the Oakfield seminary, and also a year under the tutelage of Prof. A. G. Williams, at Fayette- ville, N. Y., and prepared for college at Middlebury academy in Wyom- ing, N. Y., where he had as classmates a number of young men who afterwards rose to positions of prominence. He entered the university of Rochester in 1855, and was graduated with honors and with the de- gree of Master of Arts, in the full classical course in 1859, winning
Engraved by "K, Campbell. I. Y.
Francis A Macambu
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several prizes during that period, one of them being first prize in the sophomore speaking contest. He was one of the first members of the Alpha Delta Phi fraternity, and throughout life took an active interest in its welfare. When a chapter of Phi Beta Kappa was established in Rochester, he was honored with a key to that society. Immediately after his graduation Mr. Macomber began the study of law in the office of the late Judge Henry R. Selden, and commenced the practice of his profession in Rochester, in December, 1861, continuing successfully without a partner until 1878, when he was elected to the Supreme bench in the Seventh judicial district, the duties of which he assumed January I, 1879. In February, 1888, he was appointed by Governor Hill to the appellate branch of the Supreme court, known as the general term of the Fifth judicial department. In November, 1892, his term of office expiring, he was again elected a justice of the Supreme court, receiving the endorsement and support of the Democratic as well as the Repub- lican party. He held this position until his death, which occurred in Rochester after a prolonged illness, on October 13, 1893.
Judge Macomber stood in the front rank of his profession ; as a law- yer he won success in general practice, but probably his greatest achievements were in the realm of patent law. His writings consist chiefly of legal opinions found in the law reports and in other works devoted to special subjects ; and essays and orations delivered on various occasions. He always took a lively interest in public affairs, and especially in the growth and well being of his alma mater, the university of Rochester, of which he was long a trustee, and which conferred upon him the degree of LL.D. on June 14, 1887.
Judge Macomber's first wife was a daughter of his legal preceptor, Judge Selden, who died leaving two children, Francis S., now a prac- ticing attorney, and Augusta. He afterwards married Mary, daughter of the late Isaac Butts, of Rochester, who with three children from this union, survives him.
Upon the death of Judge Macomber, George F. Yeoman was ap- pointed to the vacancy and served until his successor was elected. Mr. Yeoman is still in active practice in Rochester.
The personnel of the present Supreme court bench in the seventh judicial district is as follows: Charles C, Dwight, of Auburn, now on
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the general term, appointed vice Judge Welles (deceased), March 16, 1868, elected for full term November 2, 1869, and November 6, 1883 ; William Rumsey, of Bath, elected November 2, 1880, re-elected No- vember 6, 1894; George B. Bradley, of Corning (also on general term bench), elected November 6, 1883 ; William H. Adams, of Canandaigua, elected November 8, 1887 ; John M. Davy, of Rochester, elected Novem- ber 6, 1888 ; William E. Werner, of Rochester, elected November 6, 1894.
Having referred at some length to the judicial officers of the higher state courts, it is deemed proper in this chapter to also furnish the suc- cession of other county officials who have been connected with local courts, and with the administration of law therein. These officers are the county judges, special county judges, surrogates, district attorneys, sheriffs, and county clerks. The date following each name indicates the time of appointment or election to office. However, in connection with the office of county judge, the explanation may be made that, pre- vious to the constitution of 1846, that office was known as judge of the Common Pleas. Patrick G. Buchan was the last Common Pleas judge and also the first county judge. For the purposes of the succession these offices will be treated as identical.
County Judges .- Elisha B. Strong, March 5, 1821; Ashley Samp- son, February 7, 1825; Moses Chapin, February 2, 1826; Samuel L. Selden, February 25, 1831 ; Ashley Sampson, March 25, 1837 ; Patrick G. Buchan, January 31, 1844; Patrick G. Buchan, June, 1847; Har- vey Humphrey, November, 1851 ; George G. Munger, November, 1855; John C. Chumasero, appointed vice Munger, resigned, March 1, 1859, and elected in November, 1859; re-elected November 3, 1863 ; Jerome Fuller, November, 1867; re-elected in November, 1871; William C. Rowley, November, 1877; John S. Morgan, November, 1883; John D. Lynn, appointed December 29, 1888, vice Morgan, deceased; William E. Werner, November, 1889; Arthur E. Sutherland, appointed to suc- ceed Werner, resigned, January, 1895.
Special County Judges .- George W. Rawson, November, 1864; Pier- son B. Hulett, November, 1873; John S. Morgan, November, 1879; Thomas Raines, appointed by Governor Cleveland, January 10, 1884, vice Morgan, resigned ; William E. Werner, November, 1884, re-elected
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1888; John F. Kinney, appointed January 1, 1890, vice Werner, and elected November, 1890; Arthur E. Sutherland, November, 1893 ; George A. Carnahan, appointed January, 1895, to succeed Sutherland, resigned.
Surrogates .- Elisha Ely. March 10, 1821 ; Orrin E. Gibbs, March 28, 1823; Mortimer F. Delano, April 30, 1835; Enos Pomeroy, January 29, 1840 ; M. E. Delano, January 29, 1844 ; Simeon B. Jewett, ap- pointed October 20, 1845, vice Delano, deceased ; Moses Sperry, June, 1847; Denton D. Shuart, November, 1851; Henry P. Norton, November, 1855; Alfred G. Mudge, November, 1859; William P. Chase, November, 1863 ; W. Dean Shuart, November, 1867; Joseph Adlington, November, 1883; and re- elected at the end of each term of office.
District Attorneys .- Originally, this office was known as assistant attorney-general, and the districts were seven in number, each em- bracing several counties. The office of district attorney was created April 4, 1801, and by a law passed in April, 1818, each county was constituted a separate district for the purposes of the office. Under the second constitution district attorneys were appointed by the court of general sessions in each county, but since the adoption of the con- stitution of 1846 the office has been elective. The succession is as follows: Timothy Childs, March 5, 1821; Vincent Mathews, 1831 ; Hestor L. Stevens, 1831 ; Horace Gay, 1836; Abner Pratt, 1836; Jas- per W. Gilbert, 1843 ; Nicholas E. Paine, 1846; William S Bishop, June, 1847 ; Martin S. Newton, November, 1850; Edward A. Ray- mond, November, 1853 ; Calvin Huson, November, 1856; Joseph A. Stull, November, 1859; William H. Bowman, November, 1862; Chris- topher C. Davison, November, 1865 ; John M. Davy, November, 1868 ; George Raines, November, 1871 ; Edward S. Fenner, November, 1877 ; Joseph W. Taylor, November, 1883 ; George A. Benton, 1886; George D. Forsyth, 1892.
Sheriffs .- During the colonial period, sheriffs were appointed annually, in October ; and also annually under the first constitution by the coun- cil of appointment and could not hold office for more than four suc- cessive years. Under the constitution of 1821, and since continued, sheriffs are elected for a term of three years, and are ineligible to 28
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election for the next successive term. The Monroe county sheriffs have been as follows: James Seymour, March 7, 1821 ; John T. Pat- terson, 1822; James Seymour, 1825 ; James K. Livingston, 1828; Ezra M. Parsons, 1831 ; Elias Pond, 1834; Darius Perrin, 1837; Charles S. Pardee, 1840; Hiram Sibley, 1843; George Hart, 1846; Octavius P. Chamberlain, 1849; Chauncey B. Woodworth, 1852 ; Alexander Bab- cock, 1855; Hiram Smith, 1858; James H. Warren, 1861 ; Alonzo Chapman, 1864; Caleb Moore, 1867; Isaac V. Sutherland, appointed vice Moore, deceased, 1869; Joseph B. Campbell, 1869; Charles S. Campbell, 1872; Henry E. Richmond, 1875; James K. Burlingame, 1878 ; Francis A. Schoffel, 1881; John W. Hannan, 1884; Thomas C. Hodgson, 1887 ; Burton H. Davy, 1890 ; John W. Hannan, 1893.
County Clerks .- Originally, the county clerk was commissioned as clerk of the court of Common Pleas, clerk of the peace, and clerk of the Sessions of the Peace, in his county. Under the first constitution it was his duty to keep the county records and also act as clerk of the inferior court of Common. Pleas, and of the Oyer and Terminer. The county clerk is now clerk of all the courts of record in his county, as well as keeper of the county records. Since the adoption of the con- stitution of 1821 the term of office has been three years. In Monroe county the clerks have been as follows: Nathaniel Rochester, March 5, 1821 ; Elisha Ely, 1822; Simon Stone 2d, 1825; William Graves, 1828, Leonard Adams, 1831; Samuel G. Andrews, 1834; Ephraim Goss, 1837; James W. Smith, 1840; Charles J. Hill, 1843; John C. Nash, 1846; John T. Lacy, 1849 ; W. Barron Williams, 1852; William N. Sage, 1855; Dyer D. S. Brown, 1858; Joseph Cochrane, 1861 ; George H. Barry, 1864; Charles J. Powers, 1867 ; Alonzo L. Mabbett, 1870 ; John H. Wilson, 1873; Edward A. Frost, 1876-79; Henry D. McNaughton, 1882; Maurice Leyden, 1885; William Oliver, 1888; Kendrick P. Shedd, 1891, re-elected 1894
The Rochester Bar Association .- During the last quarter of a century or more, several attempts have been made to organise a bar association for the city and county ; and, although success attended these efforts so far as organisation was concerned, the societies themselves have never been enduring, and for one cause and another they were dissolved and passed out of existence. The present bar association, more firmly
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founded and stronger in other essential respects than any of its prede- cessors, was incorporated November 28, 1892. The incorporators were William F. Cogswell, Theodore Bacon, Charles M Williams, George F. Yeoman, Thomas Raines, John B. M. Stephens, John D. Lynn, P. M. French, Henry G. Danforth, John Desmond, John F. Kinney, Elbridge L. Adams, Martin W. Cooke, Arthur E. Sutherland, William B. Hale, Albert H. Harris, Frederick W. Smith, George A. Carnahan, James'S. Havens, Joseph S. Hunn, James M. E. O'Grady, Frederick J. Smythe, Nathaniel Foote, George A. Benton, Walter S. Hubbell and Eugene Van Voorhis.
The first officers of the association were Nathaniel Foote, president ; John Desmond, first vice- president ; George A. Carnahan, second vice- president ; Elbridge L. Adams, secretary ; Joseph S. Hunn, treasurer ; and a board of eleven trustees. The present officers, elected in Decem- ber, 1894, are as follows: Porter M. French, president; James S. Havens, first vice-president ; George A. Benton, second vice-president ; Henry W. Gregg,1 secretary ; Francis S. Macomber, treasurer ; and George F. Yeoman, Albert H. Harris, John P. Bowman, Abraham Benedict, William H. Shuart, Jonas P. Varnum, John D. Lynn and Adelbert Cronise, trustees.
In this chapter the writer has carefully avoided personal allusion to or comment on the abilities and characteristics of the lawyers in the county, pleading as an excuse the lack of space and the utter impossibility of do- ing full justice to a subject so unlimited. It is a fact well known that this county has produced some of the most able lawyers of the state, but to separate the few from their fellows equally worthy of notice, perhaps, and eulogise the few to the neglect of the many would lead to compli- cations and consequent dissatisfaction. In the foregoing pages no mention has been made, biographicaily, of any lawyers now practicing in the city or the county, as it was deemed best to draw the line be- tween the dead and the living. In a chapter beginning upon page 442 of the work will be found a few paragraphs relating to many of the more prominent attorneys of the present day, though it is not the intention to make thereby any distinction of comparative eminence.
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