USA > New York > Niagara County > Landmarks of Niagara County, New York > Part 36
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 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76
It was not until the adoption of the constitution of 1846 that the last connection between the purely political and the judicial parts of the State government was abolished From this time the judiciary became more representative of the people through the popular election of its members. The development of the idea of the responsibility of the courts to the people, from the time when all of the members were at the beck and nod of one well nigh irresponsible master, to the time when all judges, even of the court of last resort, are voted for by the people, has been very great. Through all of this change there has prevailed the idea of having one ultimate tribunal from whose decisions there can be no appeal. The judicial plan, if that term may be used, in this State, embodies now a trial before a court or a court and jury-arbiters respectively of law and fact ; then a review by a higher
368
tribunal of the facts and the law ; and, ultimately of the law alone by the court of final resort.
To accomplish this last purpose there has been established our present Court of Appeals, perfected in its present form by the conventions of 1867, 1868, and 1894, and taking the place of the old Court for the Trial of Impeachments and the Correction of Errors, to the extent of cor- recting errors of law. As first organized under the constitution of 1846, the Court of Appeals was composed of eight judges, four of whom were elected by the people and the remainder taken from the justices of the Supreme Court having the shortest time to serve. As organized in 1869, and now existing, the court consists of the chief judge and six as- sociate judges, who hold office for a term of fourteen years from the first day of January next after their election. This court sits in Albany con- tinually, except during recesses and when otherwise prescribed by itself. It has full power to correct or reverse the decisions of all inferior courts when properly before it for review. Five judges constitute a quorum and four must concur to render judgment. If four do not agree the case may be reargued ; but no more than two rehearings can be had, and if then four judges do not concur, the judgment of the court below stands affirmed. The Legislature has provided by statute what, how, and when proceedings of inferior tribunals may be revised in the Court of Appeals, and may in its discretion amend and alter the same. Upon the reorganization of this court in 1869 its work was so far in arrears, that a Commission of Appeals to aid the court was provided for by the constitutional amendment of that year. Still more recently, in 1888, the Legislature adopted a concurrent resolution that section 6 of article 6 of the constitution be amended so that upon the certificate of the Court of Appeals to the governor of such an accumulation of causes on the calendar of the Court of Appeals that the public interests required a more speedy disposition thereof, the governor may designate seven jus- tices of the Supreme Court to act as associate judges, for the time being, of the Court of Appeals, thus constituting a second division of that court, to be dissolved by the governor when the necessity for its services ceased. Such a division of the Court of Appeals was organized and began its session March 5, 1889. It completed its work and was dis- solved in October, 1892. No citizen of Niagara county has held the
369
office of judge of the Court of Appeals, except that Levi F. Bowen, while a justice of the Supreme Court acted ex-officio as judge of the Court of Appeals from January, 1857, to January, 1858.
Second to the Court of Appeals in rank stands the Supreme Court. It was originally created by an act of the Colonial Legislature May 6, 1691, and finally fully established by ordinance of the governor and council May 15, 1699, empowered to try all issues to the same extent as the English Courts of King's Bench, Common Pleas and Exchequer, except the exercise of equity powers. It had jurisdiction in actions in- volving $100 or over, and to revise and correct decisions of inferior courts. Appeal lay from it to the governor and council. There were originally five judges, who annually made a circuit of the counties under commission giving them nisi prius, oyer and terminer, and jail delivery powers. Under the first constitution this court was reorganized, the judges being then appointed by the council of appointment. All pro- ceedings were directed to be entitled in the name of the people, instead of that of the king.
By the constitution of 1821 many and important changes were made in the character and methods of this court. The judges were reduced in number to three and were to be appointed by the governor, with con- sent of the Senate, to hold office during good behavior, or until sixty years of age. They were removable by the Legislature when two-thirds of the Assembly and a majority of the Senate so voted. Four times each year the full court sat in review of their decisions upon questions of law. By the constitution of 1846 the Supreme Court, as it then ex- isted, was abolished and a new court with the same title and having general jurisdiction in law and equity, was established in its place. This court was divided into General Terms, Circuits, Special Terms and Courts of Oyer and Terminer. Its members were composed of thirty- three justices to be elected by the people and to reside, five in the first, and four in each of the other seven judicial districts into which the State was divided. By the judiciary act of 1847 General Terms were to be held at least once in each year in counties having more than 40,- 000 inhabitants, and in other counties at least once in each two years ; and at least two Special Terms and two Circuit Courts were to be held yearly in each county, excepting Hamilton. Ry this act the court was
47
370
authorized to name the time and place of holding its terms and those of Oyer and Terminer ; the latter being held by a justice of the Supreme Court and two justices of sessions. Since 1882 the courts of Oyer and Terminer have been held by a single justice of the Supreme Court.
One of the old courts, the powers of which have been vested in the Supreme Court, is the Court of Chancery, an heirloom of the colonial period, which had its origin in the Court of Assizes, the latter being in- vested with equity powers under the Duke's laws. The court was established in 1683, and the governor, or such person as he should ap- point, was chancellor, assisted by the council. In 1698 this court went out of existence by limitation ; was revived by ordinance in 1701 ; sus- pended in 1703; and re-established in the next year. At first this court was unpopular in the province, the assembly and the colonists opposing it with the argument that the crown had no authority to estab- lish an equity court in the colony, and they were doubtful of the pro- priety of constituting the governor and council such a court. Under the constitution of 1777 the court was recognized as still in existence, but its chancellor was prohibited from holding any other office, except delegate to Congress on special occasions. In 1778 the court was re- organized. Masters and examiners in chancery were to be appointed by the council of appointment; registers and clerks by the chancellor. The latter licensed all solicitors and counselors of the court. Under the constitution of 1821 the chancellor was appointed by the governor and held office during good behavior or until sixty years of age. Appeals lay from the chancellor to the Court for Correction of Errors. Under the second constitution equity powers were vested in the circuit judges and their decisions were reviewable on appeal to the chancellor. This was soon changed and general equity jurisdiction devolved upon the chancellor, while the judges alluded to acted as vice-chancellors in their respective circuits.
By the radical changes made by the constitution of 1846 the Court of Chancery was abolished and its powers, duties and jurisdiction vested in the Supreme Court as before stated. By an act of the Legislature passed in 1848, and entitled " The Code of Procedure," all distinctions between actions at law and suits in equity were abolished so far as com- mencing and conducting them was concerned and one uniform method
371
of practice was adopted. Under this act appeals lay to the General Term of the Supreme Court from judgments rendered in mayors', re- corders' and county courts, and from all orders and judgments of a court held by a single justice of the Supreme Court.
The judiciary article of the constitution was amended in 1869 au- thorizing the Legislature not oftener than once in five years to provide for the organization of general terms, consisting of a presiding justice and not more than three associates ; but by chapter 408 of the laws of 1870 the then organization of the General Term was abrogated and the State divided into four departments, and provision was made for hold- ing 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 de- partment. Under authority of the constitutional amendment adopted in 1882, the Legislature in 1883 divided the State into five judicial de- partments and provided for the election of twelve additional justices, to hold office from the first Monday in June, 1884. Niagara county, with Erie, Allegany, Cattaraugus, Chautauqua, Orleans, Genesee and Wyoming have, since 1847, constituted the Eighth Judicial district of the State. The following have been the only residents of Niagara county who have held positions on the Circuit and Supreme Court bench ; Nathan Dayton, appointed circuit judge February, 1838 ; Levi F. Bowen, elected justice of the Supreme Court, 185 -; George D. La- mont, appointed justice of the Supreme Court in 1868 and elected in 1871.
Next in authority to the Supreme Court is the County Court 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 Ses- sions and, like that court, had at first criminal jurisdiction only. By an act passed in 1663 a Court of Sessions having power to try both civil and criminal causes by jury was directed to be held by three justices of the peace in each of the counties of this province, twice in each year, with an additional term in Albany and two in New York. By the act of 1691 and the decree of 1699 all civil jurisdiction was taken from this court and conferred upon the Court of Common Pleas. By the sweeping changes of the constitution of 1846, provision was made for a
372
County Court in each county of the State, excepting New York, to be held by an officer to be designated the county judge, and to have such jurisdiction as the Legislature might prescribe. Under authority of that constitution, the County Courts have from time to time been given jurisdiction in various classes of actions, which need not be enumerated here, and have also been invested with certain equity powers in the foreclosure of mortgages ; the sale of infants' real estate ; the partition- ing of lands ; admeasuring dower and care of persons and estates of lunatics and habitual drunkards. The judiciary act of 1869 continued the then existing jurisdiction of the County Courts and conferred upon them original jurisdiction in all actions in which the defendants lived within the county and where the damages claimed did not exceed $1, - 000; this sum has since been increased to $2,000. Like the Supreme Court, the County Court now has its civil and its criminal sides. It is in the criminal branch of this court that most minor criminal offenses are disposed of. All indictments by the grand jury, excepting for offenses not punishable by death, may be sent to it for trial from the Supreme Court. By the codes of 1848 and 1877, the methods of procedure and practice in it were made to conform as nearly as possible to the practice in the Supreme Court. This was done with the evident design of attracting litigation into these courts, thus relieving the Su- preme Court. In this purpose comparative failure has resulted, liti- gants much preferring the shield and assistance of the broader powers of the higher court. By the judiciary act the term of office of county judges was extended from four to six years. Under the codes the judges can perform some of the duties of a justice of the Supreme Court at chambers. The County Court has appellate jurisdiction over actions arising in justices' courts and courts of special sessions. Appeals lie from the County Court to the appellate division of the Supreme Court. County judges were appointed until 1847, since which year they have been elected. By the constitution of 1894 the jurisdiction of the County Court is continued. Ry it, also, since December 1, 1895, Courts of Sessions, except in the county of New York, were abolished and their jurisdiction transferred to the County Court.
Following are the names of the first judges of the Court of Common Pleas and the county judges of the county :
373
First Judges Court of Common Pleas for Niagara County .- (Appointed by the governor), Silas Hopkins, February 8, 1823; Robert Fleming, April 22. 1828; Nathan Dayton, March 13, 1833; Washington Hunt, January 30, 1836; Elias Ransom, Janu- ary 19, 1841; Jonathan L. Woods, April 29, 1846.
County Judges .- Hiram Gardner, June, 1837; Levi F. Bowen, 1851, resigned and Elias Ransom appointed December 11, 1852; Alfred Holmes, 18 7; George D. La- mont, 1865, resigned and Hiram Gardner appointed November 19, 1868; Levi F. Bowen, 1874-77; Frank Brundage, 1878-81; Cyrus E. Davis, appointed vice Brun- dage, resigned, January, 1883; Alvah K. Potter, November, 1884-89; David Millar, 1890-95; Charles Hickey, 1896.
A Surrogate's Court exists in each of the counties of this State and are now courts of record having a seal. Their special jurisdiction is the settlement and care of the 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's Court in this State is from the Ec- clesiastical Court of England through a part of the colonial coun- cil which existed during the Dutch rule and exercised its authority in accordance with the Dutch Roman law, the customs of Amsterdam and the law of Aasdom; the Court of Burgomasters and Scheppens, 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 council of New Netherlands, was transferred to the burgo- masters in 1653, and soon after to the orphanmasters. Under the colony the Prerogative Court controlled all matters in relation to the probate of wills and settlement of estates. This power continued until 1692, when by act of Legislature all probates and granting of letters of administration were placed under control of the governor or his dele- gate; and two freeholders were appointed in each town to take charge of the estates of those dying without a will. Under the Duke's laws this duty had been performed by the constables, overseers, and justices of each town. In 1778 the governor was divested of all this power excepting the appointment of surrogates and it was conferred upon the Court of Probate. Under the first constitution surrogates were appointed by the Council of Appointment; under the second constitu- tion, by the governor, with the approval of the Senate. The constitu- of 1846 abrogated the office in all counties having less than 40,000 population, and conferred its powers and duties upon the county
374
judge. By the code of civil procedure surrogates were invested with all the necessary powers to carry out the equitable and incidental re- quirements of the office.
Following are the names of those who have held the office of surrogate of Niagara county : Rufus Spaulding, April 2, 1821: Willard Smith, February 25, 1822; Hiram Gardner, March 31, 1831: Joseph C. Morse, January 30, 1836; Henry A. Carter, February 28, 1840; Josiah K. Skinner, February 28, 1844; Thomas M. Webster, 1851; Mortimer M. Southworth, 1855; George W. Bowen, 1859; Henry D. Scripture, 1863; John T. Murray, 1867; Joshua Gaskill, 1871; George P. Ostrander, 1877; William J. Bulger, 1883; Chauncey E. Dunkelberger, appointed, vice Bulger, re- signed, 1888-95. In the year 1896, by vote of the people of the county and under a special act of the Legislature, the office of county judge and of surrogate were merged in one, which is now filled by Hon. Charles Hickey.
Previous to the constitution of 1821, modified in 1826, justices of the peace were appointed ; since that date they have been elected. The office and its duties are descended from the English office of the same name, but are much less important here than there, and under the laws of this State are purely the creature of the statute. These courts, though occupying much less of public attention than the higher courts, in fact dispose of by far the greater number of the controversies that courts were established to decide. It is impossible to recall and name the men who have honored themselves by filling the office of justice of the peace satisfactorily in this court, but they are numerous and to be found in every town.
Under the act of February 12, 1796, this State was divided into seven districts, over which an assistant attorney-general was appointed by the governor and council to serve during their pleasure. The office of dis- trict attorney was created April 4, 1801, the State being divided into seven districts, as before, but subsequently several new ones were formed. By a law of April, 1818, each county was constituted a sep- arate district for the purposes of this office During the period of the second constitution district attorneys were appointed by the Court of General Sessions in each county. Following are the names of those who have held this office in Niagara county :
Charles G. Olmsted, 1818; Heman B. Potter, 1819; Zina H. Colvin, 1821; Elias Ransom, jr., 1830; William Hotchkiss, 1833; Joseph C. Morse, 1836; Robert H. Stevens, (May) 1836; Jonathan L. Woods, 1839; Alfred Holmes, 1843; Sherburne B. Piper, 1845 and 1847; George D. Lamont, 1850; John L. Buck, 1853; Andrew W.
JOSHUA GASKILL.
375
Brazee, 1856; Mortimer M. Southworth, 1859; Frank Brundage, 1874; Ben J. Hunt- ing, 1877; Eugene M. Ashley, 1880, (re-elected); Daniel E. Brong, 1886; Patrick F. King, 1890; Abner T. Hopkins, 1896.
The following is a list as nearly complete as it has been possible to make it of Niagara county attorneys with post-office address and date of their admission to the bar. It was prepared by John E. Pound of Lockport, and will be valuable for future reference :
Eugene M. Ashley, Lockport, January, 1880.
Harry I. Benedict,
George W. Bowen,
66
November, 1848.
William W. Brim,
Daniel E. Brong,
January, 1882.
Myron L. Burrell,
January, 1839.
Artemas A. Bradley,
January, 1883.
Nathan M. Clark,
Richard Crowley,
December, 1860.
Charles C. De Lude,
September, 1872.
S. Wallace Dempsey, 66 January, 1886.
Joseph Donelly,
October, 1875.
C. E. Dunkleberger,
October, 1887.
Henry M. Davis,
January, 1882.
Timothy E. Ellsworth,
December, 1858.
R. A. Feagles,
June, 1875.
Amos H. Gardner, Joshua Gaskill, L. P. Gordon,
December, 1860.
May, 1876.
Selden E. Graves,
March, 1866.
William C. Greene,
April, 1881.
E. C. Hart,
April, 1873.
Montford C. Holley,
October, 1884.
Charles Hickey, M. S. Hunting,
May, 1842.
Abner T. Hopkins,
April, 1885.
Augustus H. Ivins,
Edwin L. Jeffrey,
June, 1881.
D. Elwood Jeffrey,
October, 1883.
376
Patrick F. King,
Lockport, June, 1886.
Garrett G. Lansing,
George C. Lewis,
March, 1889.
John H. Leggett,
William E. Lochner,
John E. Lillis,
David Millar,
May, 1869.
Charles Molyneux,
Fred D. Moyer,
John T. Murray,
January, 1887. May, 1842.
John McDonough,
Lawrence McParlin,
October, 1875. June, 1887.
Charles L. Nichols,
Augustus Morris,
George P. Ostrander,
January, 1872.
William L. Olmsted,
Edward G. Parker,
June, 1881.
Alvah K. Potter,
October, 1865.
Cuthbert W. Pound,
June, 1886.
George W. Pound,
September, 1888.
Q. G. T. Parker,
66
June, 1889.
H. Gardiner Richardson,
Washington H. Ransom,
May, 1867.
Charles M. Southworth,
October 14, 1881.
E. H. Southworth,
William W. Storrs,
January, 1888.
Burt G. Stockwell,
Burt A. Smith,
J. Frank Smith,
William M. Saraw,
June, 1883.
Edward J. Taylor,
March, 1880.
David Tice,
January, 1884.
E. J. Turner,
October, 1889.
John A. Merritt,
John E. Pound,
November 18, 1867.
Frank A. Ransom,
377
Homer J. Upson,
Lockport, October, 1875. October, 1889.
William H. Vicary,
Fred M. Ackerson,
Niagara Falls.
William E. Carr,
Eugene Cary, T. F. C. Clary,
June, 1884.
Frederick Chormann,
Morris Cohn, jr ,
Charles E. Cromley,
W. E. Dunlap,
F. A. Dudley,
June, 1886.
W. Caryl Ely,
May, 1881.
H. N. Griffith,
Frank H. Innes,
J. G. Kirkpatrick,
Spencer J. Lawrence,
Wyllys Lyman,
Franklin J. Mackenna,
Andrew C. Morgan,
C. H. Piper, jr.,
Spencer B. Parker,
Augustus Thibaudeau,
George M. Tuttle,
Carl Tucker,
Harry Van Horn,
W. C. Wallace,
B. F. Wallace.
Leonard Baldwin, North Tonawanda.
Norman B. Fish,
Edward B. Harrington,
March, 1889.
Garwood L. Judd,
Fall of 1850.
Charles S. Orton, 66
Lewis T. Payne,
April, 1886.
John K. Patton,
Albert R. Smith.
Augustus F. Premus, North Tonawanda.
48
378
P. M. Sullivan,
North Tonawanda.
H. E. Warner
George W. Judson,
Lockport, October, 1882.
C. W. Laskey,
Middleport, June, 1874.
G. W. Thompson,
M. H. Clark, Royalton.
R. N. Campbell, Suspension Bridge.
C. W. Johnson,
May, 1876.
George W. Knox,
H. H. Sheldon,
W. E. Willey.
S. Park Baker, Youngstown.
J. Boardman Scovell, Lewiston.
PERSONAL SKETCHES.1
Washington Hunt was born in Windham, Greene county, N. Y., Au- gust 5, 1811. His youth and young manhood were passed in his na- tive place, where he obtained the foundation of his education. In 1828 he settled in Lockport and began his life work in the humble capacity of clerk in the general store of Tucker & Bissell. Two years later he determined to adopt the study of law, for which purpose he entered the office of Lot Clark. After his admission to the bar, however, he be- came heavily interested in real estate and other business operations, and never practiced his profession. In 1833 he became a member of the firm of Hunt & Walbridge, who purchased from the Albany Land Company 32,000 acres of land in this county, which was the foundation of a considerable fortune. When onlytwenty- four years old he was appointed first judge of the county (1836-41) and filled the station with dignity and ability. In 1840 he left the Democratic party on financial issues, joined the Whigs, and was elected to Congress, serving from 1843 to 1849. He was next honored with appointment as comptroller and in 1850 received the Whig nomination for governor, in opposition to Horatio Seymour, over whom he was elected by a majority of only
1 Sketches of most of the living members of the bar of this county will be found in Part III of this volume.
379
262 in a vote of 428,966. Receiving a renomination at the next term he was defeated by his former opponent. In these various official posi- tions Governor Hunt exhibited characteristics that gave him the confi- dence of his fellow citizens and enabled him to perform the duties that devolved upon him with a good measure of success. Governor Hunt died in New York city February 2, 1867.
Hiram Gardner was born in Dutchess county, N. Y., February 9, 1800. He carved out his own fortune with his own hands. After pur- suing his academical studies as far as circumstances would permit, in 1818 he became a student of law in Rensselaerville, where he studied about two years, and removed to New York, where he finished his law course. In 1822, about a year after he began to practice in the lower courts, he was admitted as a practitioner in the Supreme Court. In October of the same year he came to Lockport. The next year he was appointed to the office of justice of the peace, and in his official capacity he took cognizance of nearly all the business transacted in the Court of Common Pleas. In 1825 he was appointed associate judge of the Court of Common Pleas. In 1827 he was appointed Supreme Court commis- sioner, and was admitted as a master in chancery. In 1831 he was ap- pointed surrogate, which office he held for five years, and then resigned it that he might represent his district in the State Legislature, to which position he had already been elected. In 1845 he was elected a mem- ber of the Constitutional Convention which revised the second and framed the third State constitution. In 1847 he was elected county judge and surrogate ; in 1858 canal commissioner for the term of three years. In the fall of 1868 he was appointed to the office of county judge to supply a vacancy and was elected in November, 1869, to the same position. Judge Gardner was for more than half a century a legal practitioner, and his conspicuous ability and talent were successfully directed to the elevation of the judicial office and of the legal profession. He was not a politician. His ideas of political honor were of the most elevated character, and though holding public offices more than twenty- five years, he never sought official preferment or solicited the vote of any man. Judge Gardner's benevolence, and devotion to the interests and prosperity of Lockport during his fifty years of citizenship, endeared him to the entire community. In the church he was a pillar of strength,
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.