Landmarks of Oswego County, New York, Part 25

Author: Churchill, John Charles, 1821-1905; Smith, H. P. (Henry Perry), 1839-1925; Child, W. Stanley
Publication date: 1895
Publisher: Syracuse, N.Y. : D. Mason
Number of Pages: 1410

USA > New York > Oswego County > Landmarks of Oswego County, New York > Part 25

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Supreme Court .- Second to the Court of Appeals in rank stands the Supreme Court, which, as it now exists, is constituted of many and widely different elements. It was originally created by act of the

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colonial Legislature May 6, 1691, and finally fully established by or- dinance 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 involving $100 or over, and to revise and correct decisions of inferior courts. An appeal lay from it to the Governor and Council. There were originally five judges, who annually made a circuit of the counties, under a commission naming them, issued by the governor, and giving them nisi prius, oyer and ter- miner, and jail delivery powers. Under the first Constitution this court was reorganized, the judges being then named by the Council of Ap- pointment. All proceedings 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 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 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 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. By this act the court was 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.

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One of the old courts, the powers of which have been vested in the Supreme Court, is the Court of Chancery, an heir-loom 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 oppos- ing it with the argument that the crown had no authority to establish an equity court in the colony, and they were doubtful of the propriety 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 reor- ganized. 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 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. 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 act of the Legislature adopted in 1848 and entitled "The Code of Procedure," all distinctions between actions at law and suits in equity were abolished, so far as the 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, Recorder's, and County Courts, and from all orders and judgments of a court held by a single justice of the Supreme Court.

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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 presid- ing justice and not more than three associates; but by chapter 408 of the laws of 1870, the then organization of the General Term was abro- gated and the State divided into four departments, and provision was made for holding General Terms in each. By the same act the gov- ernor 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 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. Oswego county, with Herkimer, Jefferson, Lewis, Oneida, and Onon- daga counties, have always been the Fifth Judicial District of the State; and the Fifth District and the Sixth District have, under the foregoing provision, constituted the Fourth Department.

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, should meet and revise and establish general rules of practice for all the courts of record in the State, excepting 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 creature of an irresponsible colonial governor, to one of the most independent and enlightened instrumentalities for the attainment and protection of the rights of citi - zens, of which any state or nation can boast. So well is this fact under- stood by the people, that by far the greater amount of legal business which might be done in inferior courts at less expense, is taken to this court for settlement.

Judges of Court of Appeals and of Supreme Court .- George F. Com- stock, of Syracuse, who was judge of the Court of Appeals from 1855 to 1862, for the last two years of which he was chief judge, was born in Williamstown, Oswego county, August 24, 1811. He died in Syra- cuse in 1892.

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William F. Allen, of Oswego, was born in Windham county, Conn., July 28, 1808, and became a resident of Oswego in 1829. He was elected a justice of the Supreme Court in 1847 and was re elected with- out opposition in 1855. In 1854 and 1862 he sat in the Court of Ap- peals. May 17, 1870, he was elected a judge of the Court of Appeals and so continued until his death at Oswego June 3, 1878.

Henry A. Foster, of Rome, born in 1800, was a resident of Oswego county during a considerable part of his minority. He was elected a justice of the Supreme Court in November, 1863, and immediately thereafter became a resident of Oswego, and continued such until, and some years after, the close of his term. He died at Rome May II, 1889.

John C. Churchill, of Oswego, was born at Mooers, N. Y., January 17, 1821, and became a resident of Oswego December 17, 1847. He was appointed justice of the Supreme Court January 17, 1881, in place of James Noxon, deceased, and in November following was elected for a full term.

Maurice L. Wright, of Oswego, was born at Scriba, Oswego county, November 27, 1845, and has ever since been a resident of the county. He was elected a justice of the Supreme Court in November, 1891, which office he now holds.

Court of Special Sessions, and Justices' Court .- Previous to the Con- stitution 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 is now of comparatively little im- portance in the administration of law, and with its loss of old-time power, has lost much of its old-time dignity.

F. W. Squires, of New Haven. has supplied the following list of the first justices in what is now Oswego county ; John Mills, appointed by Gov. George Clinton, 1751, for Oswego; Adrian Francis Vanderkemp, Rot- terdam, 1794-97'; John Meyer, Rotterdam (now Constantia), 1796-7 ; Benjamin Wright, Mexico, 1798-1803; John Bloomfield, Taberg, 1798-1820; Isaac Alden, Williamstown, 1798-1804; Joseph Strick- land, Redfield, 1798 ; Reuben Hamilton, Mexico, 1800, 1802, 1804, 1808; Ebenezer Wright, Volney, 1804-09; Samuel Tiffany, Scriba,

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1805 ; William Burt, Scriba, 1805-08; William Cole, Mexico, 1806-08 ; John Nutting, Parish, 1806-08 ; David Williams, Mexico, 1807, 1809, 1811, 1814, 1820, 1823. Justices were appointed until 1827.

County Court .- 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 Sessions and, like that court, had at first criminal ju- risdiction 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 the 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 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 partitioning of lands ; admeasuring dower and care of persons and 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 de- fendants lived within the county, and where the damages claimed did not exceed $1,000 ; this sum has since been extended to $2,000. 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 Court of Sessions, that all minor criminal offenses are now disposed of. All indictments by the grand jury, excepting for murder or some very serious felony, may be 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

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Supreme Court. This was done with the evident design of attracting litigation into these courts, thus relieving the Supreme Court. In this purpose comparative failure has resulted, litigants much preferring, as before intimated, 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 Courts to the General Term. County judges were appointed until 1847, since which they have been elected.

By the Constitution of 1894 the jurisdiction of the County Courts is continued. By it, also, after December 1, 1895, Courts of Sessions, except in the county of New York, are abolished, and their jurisdiction transferred to the County Courts.

Following are the names of the first judges of the Court of Common Pleas for Oswego county, with date of appointment : Barnet Mooney, Granby, March 21, 1816; John Grant, jr., Oswego, June 1, 1820 ; Joel Turrill, Oswego, April 2, 1828; David P. Brewster, Oswego, April 15, 1833 ; Samuel B. Ludlow, Oswego, May II, 1841.

Associate Judges of the Court of Common Pleas, with years of ser- vice : Peter D. Hugunin, Oswego, 1816-26, inclusive ; Edmund Hawks, Oswego town, 1816-18; Daniel Hawks, jr., Hannibal, 1816-17 ; Smith Dunlap, Sandy Creek, 1816-19; Henry Williams, Williamstown, 1816- 17, 1821-22, 1824-26; David Easton, New Haven, 1816-17; Orris Hart, New Haven, 1817-20 ; William Hale, Richland, 1817-19 ; David S. Bates, Constantia, 1820-21 ; James Bill, Oswego, 1820-21 ; John Seeber, Richland, 1820-21 ; Samuel Farnham, Hannibal, 1820-21 ; John S. Davis, Richland, 1821-22 ; Oliver Burdick, Volney, 1821-22 ; Chester Hayden, Richland, 1822-23 ; Joseph Easton, Volney, 1822-30, inclusive ; Hastings Curtiss, Hastings, 1823-25, 1828-29; Simeon Meacham, Richland, 1828-31; Avery Skinner, Mexico, 1828-31, 1835-38; John Reynolds, Orwell, 1829-34, inclusive ; Lovewell John- son, Palermo, 1832-36 ; Samuel Freeman, Williamstown, 1832-42, in- clusive ; Hiram Hubbell, Pulaski, 1835-39; Enoch Hibbard, Volney, 1837-46 inclusive ; Elias Brewster, Mexico, 1839-43 ; Samuel B. Lud-

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low, Oswego, 1840-45 inclusive ; Thomas S. Meacham, Sandy Creek, 1841-45 inclusive ; Huntington Fitch, Hastings, 1843-47; Julian Carter, Constantia, 1844-47 ; Orla H. Whitney, Mexico, 1846-47 ; John M. Watson, Pulaski, 1846-47.

County Judges with date of entering office .- Orla H. Whitney, Mexico, June, 1847; Ransom H. Tyler, Fulton, January 1, 1852 ; Sylvester C. Huntington, Pulaski, January 1, 1856; John C. Churchill, Oswego, January 1, 1860 ; Ransom H. Tyler, Fulton, January 1, 1864; Cyrus Whitney, Mexico, January 1, 1868; Cyrus Whitney, Oswego, January 1, 1872 ; Newton W. Nutting, Oswego, January 1, 1878 ; Charles W. Avery, Phoenix (appointed in place of Nutting, resigned), 1883; Maurice L. Wright, Mexico, January 1, 1884, and re elected in November, 1889 ; James R. O'Gorman (appointed in place of Wright, resigned) 1892; Merrick Stowell, Oswego, January 1, 1893.

Special County Judges .- Benjamin F. Rhodes, Pulaski, elected No- vember, 1854; Dennis D. McCoon, Schroeppel, November, 1857 ; De Witt C. Peck, Mexico, November, 1860; James W. Fenton, Pulaski, November, 1863, re-elected 1866; Andrew Z. McCarty, Pulaski, No- vember, 1869; John Preston, Pulaski, November, 1872; Henry A. Brainard, Schroeppel, November, 1875 ; John Preston, Pulaski, Novem- ber, 1878 ; James W. Fenton, Pulaski, November, 1881, and re-elected November, 1884 ; John Preston, Pulaski, November, 1887, re-elected November, 1890; Irving G. Hubbs, Pulaski, November, 1893.

Surrogate's Court .- One of these courts 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 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 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 Roman law, the custom of Amsterdam and the law of Aasdom ; the Court of Burgomasters and Scheppens, the Court of Orphan Masters, the Mayor's Court, the Pre- rogative 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

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the Burgomasters in 1653, and soon after to the Orphan Masters. Under the Colony the Prerogative Court controlled all matters in rela- tion to the probate of wills and settlement of estates. This power con- tinued until 1692, when by act of Legislature all probates and granting of letters of administration were placed 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 excepting the appointment of surrogates, and it was con- ferred upon the Court of Probates. Under the first Constitution surro- gates were appointed 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 requirements of the office.

Surrogates of Oswego County, with date of appointment .- Elias Brewster, Mexico, March 21, 1816; Abraham P. Vosburgh, Fulton, February 17, 1817; Orris Hart, New Haven, April 8, 1819; Chester Hayden, Oswego, 1821 ; John A. Davis, Pulaski, March 28, 1823; Joseph W. Helme, Pulaski, March 27, 1826; Orville Robinson, Mexico, March 5, 1830; Joseph Torrey, Mexico, February 9, 1838; Joel Tur- rill, Oswego, February 8, 1843; Orris Hart, Oswego, November 3, 1845 ; William P. Curtis, Fulton, October 1, 1846. From June, 1847 to 1852, the county judge performed the duties of surrogate. Surro- gates elected for four years, with year, on the Ist of January in which, service began : James Brown, Oswego, 1852; Amos G. Hull, Fulton, 1856, and re-elected ; Timothy W. Skinner, Mexico, 1864; Henry L. Howe, Sandy Creek, 1868; Timothy W. Skinner, Mexico, 1872, elected for six years, and re-elected ; Francis David, Phoenix, 1884, re-elected and the present incumbent.

Special surrogates, elected for three years, with date of entry on office .- The Constitution gives the Legislature authority for the election of special surrogates, who discharge the duties of surrogate in cases of

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inability, or of a vacancy, and exercise such other powers in special cases as may be provided by law. Under this provision the following have held this office in Oswego county : William Sanders, Cleveland, January 1, 1855 ; Joshua B. Randall, Hastings, 1858, re-elected ; Will- iam W. Scribner, Oswego, 1864; Francis David, Schroeppel, 1867, re- elected ; William H. Kenyon, Schroeppel, 1873; Nathan B. Smith, Pulaski, 1876; Arvin Rice, jr., Fulton, 1879, re-elected; William W. Harman, Oswego, 1884; George W. Harman, Oswego (appointed by the governor vice W. W. Harman resigned), 1886; Louis W. Baker, Oswego, 1887, re-elected and the present incumbent.

District Attorneys .- Under the act of February 12, 1796, this State was divided into seven districts, over which an assistant attorney-gen- eral was appointed by the Governor and Council to serve during pleasure. The office of district 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 passed April, 1818, each county was con- stituted a separate district, for the purpose of this office. During the period of the second Constitution, district attorneys were appointed by the Court of General Sessions in each county. The following per- sons have held this office in Oswego county, with date of appointment : James F. Wight, Oswego, April 17, 1820; Samuel B. Beach, Oswego, February 19, 1821 ; David P. Brewster, Oswego, 1829; Abraham P. Grant, Oswego, 1836; Orville Robinson, Mexico, 1841 ; Leander Bab- cock, Oswego, 1843; William Duer, Oswego, 1845. The following were elected for three years, with date of entrance on office .: Ransom H. Tyler, Fulton, June, 1847; John B. Higgins, Oswego, January I, 1851 ; Archibald N. Ludington, Fulton, January 1, 1854; John C. Churchill, Oswego, January 1, 1857 ; George G. French, Mexico, Janu- ary 1, 1860 ; William H. Baker, Constantia, January 1, 1863 ; Sylvanus C. Huntington, Pulaski, January 1, 1866; William H. Baker, Con- stantia, appointed (in place of Huntington resigned), in spring of 1866, elected for full term in fall of 1866; Newton W. Nutting, Oswego, January 1, 1870; John J. Lamoree, Oswego, January 1, 1873, re- elected ; Benjamin F. Chase, Oswego, January 1, 1879; Nathan B. Smith, Pulaski, January 1, 1882 ; Sheldon B. Mead, Fulton, January I, 1885 ; Merrick Stowell, Oswego, Jannary 1, 1888 ; Charles W. Avery,

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Phoenix, January 1, 1891 ; Nevada N. Stranahan, Fulton, January I, 1894.

BAR OF OSWEGO COUNTY.

The following list is intended to, and is believed to contain the names of all members of the legal profession who have been at any time members of the Oswego county bar.

Sketches, more or less full, are also given of the more prominent of those who are no longer living. Such sketches of living members of the bar will be found in Parts II and III of this volume.

The names are arranged in the alphabetical order of their places of residence.

Central Square .- Benjamin G. Lewis practiced law for about forty years in the village of Central Square and died there in 1894. At one time he lived in West Monroe. He held several offices of public trust, and was a careful, upright lawyer. He always took an active interest in local affairs, and enjoyed a wide circle of friends and clients.

Gary Castle and his son Clinton were for a time, about 1856, legal practitioners in the village. Joshua B. Randall, who was an attorney here, had previously practiced in Cleveland, and is farther mentioned among the lawyers of that village. C. D. Smith was for several years an attorney in the village of Hastings. Charles W. Avery, admitted in 1859, practiced in Central Square until 1869, when he removed to Phoenix.

Charles R. Coville opened an office in Central Square in 1891, and his younger brother, Henry D. Coville, who was admitted in August, 1894, is now associated with him. These are the only lawyers in the village or town at the present time.

Cleveland-William Sanders, who was born in Herkimer county on February 15, 1810, first settled in Amboy, where he built and kept a tavern in early life, and also engaged in lumbering. After the burning of his mills he read law in Mexico, was admitted in 1846, and in 1849 located · in Cleveland village, where he acquired a fine country practice. He also kept a hotel, conducted a stage line, and at one time manufactured glass there. He was a justice of the peace during the most of the time he lived in town and was also special surrogate of Oswego county.

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His son, Lucian J. Sanders, a young man of much promise, became his law partner in 1857, under the firm name of W. & L. J. Sanders. The son died in 1863, and Mr. Sanders closed up his law business in Cleveland and removed to Syracuse, where he practiced until 1879, when he returned to Cleveland and died April 12, 1881. Mr. Sanders drew the charter of Cleveland village.

John Vandenburgh, a young lawyer from Coxsackie, N Y., settled in Cleveland in 1847 or 1848 and soon won a lucrative practice as well as an accomplished wife, the latter being the youngest daughter of Anthony Landgraff, the pioneer glass manufacturer of that village. About 185.5 he removed to Clyde, N. Y., became district attorney, member of assembly, and died in 1894.

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Landmarks of Oswego County, New York, Part 25

Author: Churchill, John Charles, 1821-1905; Smith, H. P. (Henry Perry), 1839-1925; Child, W. Stanley Publication date: 1895 Publisher: Syracuse, N.Y. : D. Mason Number of Pages: 1410

Author: Churchill, John Charles, 1821-1905; Smith, H. P. (Henry Perry), 1839-1925; Child, W. Stanley
Publication date: 1895
Publisher: Syracuse, N.Y. : D. Mason
Number of Pages: 1410