Landmarks of Orleans County, New York, Part 11

Author: Signor, Isaac S., ed
Publication date: 1894
Publisher: Syracuse : D. Mason
Number of Pages: 1084

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Second to the Court of Appeals in rank and jurisdiction stands the Supreme Court, which as it now exists, is made up of many and widely different elements. It was originally created by the act of the Colonial Legislature May 6, 1691, and finally by ordinance of the governor and council, May 15, 1699, and empowered to try all issues to the same extent as the English courts of king's bench, common pleas and ex- chequer, except in the exercise of equity powers. It had jurisdiction in actions involving £20 ($100) and over, and to revise and correct the decisions of inferior courts. An appeal lay from it to the governor and council. The judges-at first there were five of them-annually made a circuit of the counties, under a commission naming them, issued by the governor and giving them nisi prius, oyer and terminer, and jail delivery powers. Under the first constitution the court was reorgan- ized, the judges being then named by the council of appointment. All proceedings were directed to be entitled in the name of the people, in- stead 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 appointed by the governor, with the consent 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

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law. 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 jurisdiction in law and equity, was established in its place. This court was divided into general terms, circuits, special terms and 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 forty thousand inhabitants, 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, ex- cept Hamilton. By this act the court was authorized to name the times and places of holding its terms, and those of oyer and terminer ; the latter being a part of the circuit court and held by the justice, the county judge and two justices of sessions. Since 1882 the oyer and terminer has consisted of a single justice of the Supreme Court.

It is proper at this point to describe one of the old courts, the powers of which have been vested in the Supreme Court. We refer to the Chancery Court, an heirloom of the colonial period, which had its origin in the Court of Assizes, the latter being invested with equity powers under the duke's laws. The court was established in 1683, and the governor, or such person as he should appoint, assisted by the council, was designated as its chancellor. In 1698 the court went out of exist- ence by limitation ; was revised by ordinance in 1701 ; suspended in 1703, and re-established in the next year. At first the Court of Chan- cery was unpopular in the province, the Assembly and the colonists op- posing it with the argument that the crown had no authority to establish an equity court in the colony, and doubtful of the propriety of consti- tuting the governor and council such a court. Under the constitution of 1777 the court was recognized, but its chancellor was thereby pro- hibited from holding any other office except delegate to Congress on special occasions. Upon the reorganization of the court in 1778 by convention of representatives, masters and examiners in chancery were provided to be appointed by the Council of Appointment ; regis- ters and clerks by the chancellor. The latter licensed all solicitors and councillors of the court. Under the constitution of 1821 the chancellor

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was appointed by the governor and held office during good behavior, or until sixty years of age. Appeals lay from the Chancery Court to the Court for the 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. But this equity character was soon taken from the circuit judges and thereafter devolved upon the chancellor, while the judges alluded to acted as vice-chancellors in their respective circuits. But, by the radical changes made by the constitu- tion of 1846, the Court of Chancery was abolished, and its powers, duties and jurisdiction vested in the Supreme Court, as before stated.

By act of the Legislature adopted in 1848, and entitled the "Code of Procedure," all distinctions between actions of law and suits in equity were abolished, so far as the manner of commencing and conducting them was concerned, and one uniform method of practice was adopted. Under this act appeals lay to the general term of the Supreme Court from judgments rendered in mayor's or recorder's, and county courts, and from all orders and decisions of a justice at special term of the Supreme Court, as well as from trials at Circuit and from criminal mat- ters in courts of record.

The judiciary article of the constitution of 1846 was amended in 1869 authorizing 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 made for holding 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. Under the authority of the constitutional amendment adopted in 1882, the Legislature in 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.

In June, 1887, the Legislature enacted the Code of Civil Procedure to take the place of the code of 1848. By this many minor changes 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

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should meet and revise and establish general rules of practice for all the courts of record in the State, except the Court of Appeals.

Such are, in brief, the changes through which the Supreme Court of this State has passed in its growth from the prerogative of an irrespon- sible governor to one of the most independent and enlightened instru- mentalities for the protection and attainment of the rights of citizens of which any State or nation can rightfully 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 taken to this court for settlement.

To the office of judge of the Supreme Court Noah Davis, then a resi- dent of Albion, was chosen April 3, 1857, and Henry A. Childs, a resident of Medina, in 1883.

Next in importance to the Supreme Court is the County Court, held in and for each county of the State at such time and places as its judges may direct. But at least two terms must be held each year for the trial of issues of law and fact. This court had its origin in the English Court of Sessions, and, like that court, had at first criminal jurisdiction only. By an act passed in 1683 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 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, all civil jurisdiction was taken from this court and conferred upon the Court of Common Pleas. By the sweeping changes made by the constitution of 1846, provision was made for a 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 this constitution the county courts have been given, from time to time, jurisdiction in various classes of actions which need not be enu- merated here, and have also been invested with certain equity powers in the foreclosure of mortgages ; to sell infants' real estate ; to partition lands; to admeasure dower and 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 defendants lived within

Aring A. Chicos

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the county, and the damages claimed did not exceed $1,000. Like the Supreme Court, the County Court now has its civil and its criminal side. In criminal matters the county judge is assisted by two justices of sessions, elected by the people from among the justices of the peace in the county. It is in the criminal branch of this court, known as the Sessions, having jurisdiction of all offenses not punishable by death, that all the minor criminal offenses are now disposed of. All indict- ments of the grand jury, excepting for murder or some very serious fel- ony, are sent to it for trial from the Oyer and Terminer. By the codes of 1848 and 1877, the methods of procedure and practice 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 Supreme Court. In this purpose there has been 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 judges was extended from four to six years. Under the codes the judges can perform the duties of a justice of the Supreme Court at chambers. The County Court has appellate jurisdiction over actions arising in justice's courts and courts of special sessions. Ap- peals lay from the County Court to the General Term. County judges were appointed until 1847, after which they were elected.

First Judges of the Court of Common Pleas .- Elijah Foot, April 22, 1825; Alexis Ward, February 10, 1830; Henry Angevine, January 27, 1840; Benjamin L. Bessac, February 7, 1841 ; James Gilson, Janu- ary 10, 1846. (This office was abolished by the new constitution of 1846, as before described.)

County Judges .- Henry R. Curtis, June, 1847 ; Dan H. Cole (ap- pointed vice Curtis deceased), September 24, 1855; Gideon Hard, November, 1855; Arad Thomas, November, 1858; Edwin R. Rey- nolds, November, 1863 ; John G. Sawyer (re-elected), November, 1867 ; Isaac S. Signor, November, 1883. Re-elected in 1889 and now occu- pying the position.

Surrogate's Courts, one of which exists in each of the counties of the State, are now courts of record having a seal. Their special juris- diction is the settlement and care of estates of persons who have died either with or without a will, and care of the person and estates of in-

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fants. The derivation of the powers and practice of the Surrogate's Court in this State is from the Ecclesiastical Court of England through a part of the Colonial Council, which existed during the Dutch rule here, and exercised its authority in accordance with the Dutch and Roman law, the custom of Amsterdam, the Court of Burgomasters and Scheppens, the Court of Orphan Masters, the Mayor's Court, the Prerogative Court, and the Court of Probates. The settle- ment 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 burgomasters in 1653, and soon afterwards to the orphan masters. Under the colony the Prerogative Court controlled all matters in relation to the probate of wills and settlement of estates and granting marriage licenses. This power continued until 1692, when by act of legislation all probates and granting of letters of ad- ministration were to be under the hand of the governor or his delegate ; and two freeholders were appointed in each town to take charge of the estates of persons 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 ex- cepting the appointment of surrogates, and it was conferred upon the Court of Probates. Under the first constitution surrogates were ap- pointed by the Council of Appointment ; under the second constitution by the governor with the approval of the Senate. The constitution of 1846 abrogated the office of surrogate in all counties having less than 40,000 population, and conferred its powers and duties upon the county 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 their office.

Surrogates .- (Under the second constitution surrogates were ap- pointed by the governor ; since that they have been elected). William White, April 19, 1825 ; Alexis Ward, April 3, 1829; John Chamber- lain, March 8, 1833 ; Thomas S. Clark, January 21, 1836, and January 21, 1844; Dan H. Cole, January 21, 1840. £ Since which time the county judge has acted as surrogate.

The only remaining courts which are common to the State are the Special Sessions held by a justice of the peace for the trial of minor

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offences, and Justice's Courts with limited jurisdiction, 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.

The office of district attorney was formerly known as assistant attor- ney-general. The districts then embraced several counties in each and were seven in number. At first the office was filled by the governor and council during pleasure. The office of district attorney, as now known, was created April 4, 1801. By a law passed in April, 1818, each county was constituted a separate district for the purposes of this office. During the era of the second constitution district attorneys were appointed by the Court of General Sessions in each county.

District attorneys in Orleans county .- Under the second constitu- tion, adopted in 1822, the district attorneys were appointed by the Court of General Sessions, which practice was followed until 1846, since which year they have been elected, as follows: George W. Fleming, 1828; Henry R. Curtis, 1831; George W. Fleming, 1832; Henry R. Curtis, 1836; Sanford E. Church, 1846 (and June, 1847) ; William K. McAllister, 1850; Benjamin L. Bessac, 1853 ; Henry D. Tucker, 1856; John W. Graves, 1859; John G. Sawyer, 1862; Irving M. Thompson, 1865; Henry A. Childs (twice re-elected), 1868; Charles A. Keeler, 1877; Isaac S. Signor, 1880; Clark D. Knapp, 1883; William P. L. Stafford, 1886 and 1889 ; and Edward B. Simons, 1892.

The act of Legislature creating Orleans county provided for the holding of courts of common pleas and general sessions of the peace three terms in each year, the first term to begin on the third Tuesday of February ; the second on the third Tuesday of May, and the third on the third Tuesday of September. It also appointed Samuel G. Hathaway, of Cortland county ; Philetus Swift, of Ontario county, and Victory Birds- eye, of Onondaga county, as commissioners to determine upon a site for a court house, and " to make known their determination on the first Monday in June, 1826." The act also directed the supervisors of Or- leans county to meet at the house of Selah Bronson, in Gaines, on the first Monday in June, 1826, and appoint commissioners to superintend

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the building of the court house, and to assess and collect $3,000 for that purpose. Pending the erection of court house and jail, criminals were to be sent to Genesee county for confinement. The supervisors and judges of Orleans county were directed to meet at Selah Bronson's on the third Monday in May, 1826, to nominate justices of the peace ; and the election of sheriff, county clerk and coroners was directed to be held on the first Tuesday of April, of that year.

The first meeting of the board of supervisors was held at the house of Hiram Sickles, in Albion, on the 16th of June, 1826, "for the pur- pose of accepting a deed of the land on which the public buildings were to be built." At this meeting a committee consisting of Robert Ander- son and Jeremiah Brown, was appointed "to examine the title and make a survey." The committee made their report to an adjourned meeting on the 22d of June. This land was donated by Nehemiah In- gersoll, and comprised about one- half of the square now occupied by the public buildings. The title was accepted and it was resolved " that $500 of the money now in the hands of the treasurer be appropriated to the use of building the court house and jail."

Previous to the location of the county seat in Albion and the build- ing of the court house, the courts were held at the hotel of Mr. Bron- son, in Gaines, as before stated. It was then believed that the county seat would remain permanently in that town, and the most active and prosperous village grow up there ; for some years after the county seat was fixed in Albion, the enterprising people of Gaines kept up the com- petition between the two places; but they were soon compelled to ac- knowledge defeat. The tide turned as far as the county seat was in- volved when the commissioners visited Albion and Nehemiah Inger- soll offered to donate the finest lots in the village for the public build- ings. No more eligible or beautiful site could have been selected.

At a meeting held in October, 1827, the sum of $300 was appropri- ated " for finishing the court house and jail."

The act authorizing the building of the first court house named Gil- bert Howell, of Ridgeway; Elihu Mather, of Gaines, and Calvin Smith, of Barre, commissioners to erect the building and a jail, pro- vided that " a suitable and convenient lot or lots for said court house and jail shall have been first conveyed to the supervisors of Orleans

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county." The supervisors were authorized to raise $6,000 for this pur- pose, to be paid in annual instalments of $500. The court house erec- ted under these provisions was of brick, about half as large as the pres- ent one, and served its purpose until 1857-8, when it had become wholly inadequate for the public business, and the present one was built at a cost of about $20,000.

An act of the Legislature of April 18, 1828, directed that the county courts "shall after the passage of this act be held at the court house in Albion, on the third Mondays of January, June and September." Cells for prisoners were provided in the court house, which sufficed until 1838, when the first jail was built of hewn timbers ; it stood on the site of the present jail.

The first Court of Common Pleas and General Sessions held for the county, was at the house of Mr. Bronson, July 22, 1825. Present- Hon. Elijah Foot, first judge; Eldridge Farwell, William J. Moody, William Penniman and Cyrus Harwood, judges. The members of the grand jury at this court were Ralph H. Brown, William Love, Harvey Goodrich, Hiram Sickels, Henry Carter, Hiram Frisbie, David Sturges, Joseph Hamilton, Levi Preston, John Proctor, Robert Anderson, Ze- lotes Sheldon, Silas Benton, Ebenezer M. Pease, L. A. G. B. Grant, Benjamin Howe, Elijah Bent, Abraham Cantine, Eri Wood and Oliver Bennett.

William Lewis, sheriff. Orange Butler, district attorney. Orson Nicholson, clerk.

The brief record of the opening of the first circuit court is as follows :

At a Circuit Court held at the house of Selah Bronson, in the town of Gaines, in and for the county of Orleans, on Thursday, the 13th day of October, 1825, present: His Honor, William B. Rochester, judge eighth circuit.

DAVID STRICKLAND, WILLIAM GATES, ABEL TRACY, MONTGOMERY PERCIVAL, E. PERRIGO, ZARDIUS TOUSLEY,

Constables.

The following persons appeared and were sworn as traverse jurors, to-wit :

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Martin Hobart, Oliver Brown, Samuel Norton, Joshua Raymond, Nathan Whitney, Curtis Tomlinson, Zebulon Packard, Thomas Annis, Zardius Tousley, Dudley Watson, Seymour Murdoch, Ephraim Masten, Oliver Booth, 2d ; Daniel Gates, Archibald L. Daniels, Richard M'Om- ber, Timothy Ruggles Daniel . Reed, Ethan Graham, John Hall, Philo Elmer, Joseph Davis, John Sherwood.

There were four cases tried by jury, namely : Moses Bacon vs. Ger- shom Proctor. Samuel Finch vs. Charles Sayres. Benjamin Babcock vs. Curtis Tomlinson and Sophia Kingsbury. Irene Leach vs. Henry Drake.

PUBLIC BUILDINGS, ALBION, 1840 .- From an old print.

For about ten years after the building of the court house the county records were kept in a room in that building, in the northeast corner of the basement. On the 5th of March, 1836, the supervisors were authorized by an act of Legislature to raise $2,000, and erect a fire- proof clerk's office. Abraham B. Mills, Harvey Goodrich and Roswell S. Burroughs were the commissioners to determine the site " on or near where the present clerk's office now stands," as the act stated it. The building erected under this act was used until 1882, when measures were adopted to build a larger structure.

In 1882 the erection of the present county clerk's and surrogate's office was commenced. The grounds formerly occupied by Phipps

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Union Seminary was purchased for $10,000, of which the county paid $7,000 and the village of Albion $3,000. The building cost from $20,000 to $25,000. The basement is Medina sandstone and the superstructure of brick trimmed with granite. The floors are marble, the ceilings of iron and the roof of slate. It is a fire proof structure. The lower floor is used as a county clerk's office and the upper floor as a surrogate's office. It is about 35x60 feet in dimensions and for the size of the county is one of the most convenient and commodious build- ings in the State.

BAR ASSOCIATION .- The Orleans County Bar Association was or- ganized at a meeting called for the purpose at the suggestion of John H. White on the 12th of March. 1877, during a term of the County Court. Henry A. Childs, of Medina, and ex-Judge Arad Thomas, of Albion, supported the suggestion of Mr. White, and the following named attorneys were enrolled as members : Arad Thomas, John H. White, John G. Sawyer, I. M. Thompson, E. Porter, O. A. Eddy, Charles A. Keeler, Albert W. Crandall, H. A. Childs, George Bullard, John W. Graves, S. E. Filkins, Clark D. Knapp, Seth S. Spencer, Andrew C. Harwick, E. R. Reynolds, C. J. Church, D. N. Salisbury, H. S. Goff and John Cunneen. An election of officers was held and John H. White chosen president ; Henry A. Childs, O. A. Eddy and George Bullard, first, second and third vice-presidents, respectively ; with Mr. Bullard, treasurer, and John Cunneen, secretary. The next meeting was held on September 13, 1877, at the Orleans House, Oak Orchard Harbor, when a constitution and by-laws were adopted, and L. R. Sanford, H. A. Glidden, E. L. Pitts, George A. Newell, H. C. Tucker, W. P. Hovey and Edward Posson were added to the member- ship. The second annual meeting was held at the Orleans House in Albion in March, 1878, and the original officers were re-elected. There have been occasional meetings since, but for several years past no regular meetings have been held. Irving M. Thompson is at the pres- ent time president of the association.

The following are the present attorneys in Orleans county :

John H. White. Albion John G. Sawyer. Albion

George Bullard .

Edwin R. Reynolds

Irving M. Thompson

Edwin Porter

Seth S. Spencer

66 Calvin J. Church ..

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Leroy R. Sanford

Albion

Edmund L. Pitts

Medina

Henry C. Tucker

Henry A. Childs

Isaac S. Signor

Stanley E. Filkins

Edwin L. Wage

Edward Posson

Dean F. Currie.

Hosea B. Dayton

William P. L. Stafford

Charles Whedon

W. Crawford Ramsdale.

George A. Newell.

Benjamin E. Williams

Morgan L. Brainard

Gurdon W. Fitch

Fred L. Downs.

Pearl Coann

Leon M. Sherwood

Albert C. Burrows

John J. Ryan.

John C. Knickerbocker

Edwin B. Simonds

Henry Armstrong.

Irving L'Hommedieu 66

Thomas A. Kirby

Albert J. Coe

Sanford T. Church

James Swart.

Thomas L. Hughes

William E. Hobby

Holley

Frederic M. Thompson

Harry O. Jones.

Warner Thompson

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Landmarks of Orleans County, New York, Part 11

Author: Signor, Isaac S., ed Publication date: 1894 Publisher: Syracuse : D. Mason Number of Pages: 1084

Author: Signor, Isaac S., ed
Publication date: 1894
Publisher: Syracuse : D. Mason
Number of Pages: 1084