USA > New York > Steuben County > Landmarks of Steuben County, New York > Part 21
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Like the Supreme Court, the County Court has its civil and criminal sides. In criminal matters the county judge is assisted by two justices of sessions, elected by the people from among the justices of the peace of the county. It is in the criminal branch of this court, known as the "Sessions," that minor criminal offenses are disposed of, and all indict- ments, except for murder or some very serious felony, are sent to it for trial from the Oyer and Terminer. The constitution of 1894 abolishes Courts of Sessions, except in New York county, after the 3Ist of De . cember, 1895, and its powers and jurisdiction are thereafter to be vested in the County Court. By the codes of 1848 and 1877 the procedure and practice in this court are made to conform as nearly as possible to the practice of the Supreme Court. This was done with the evident design to attract litigation into these minor courts and thus relieve the Supreme Court. In this purpose, however, there has been a failure, as litigants much prefer the shield and broader powers of the higher courts. Under the code county judges perform some of the duties of a justice
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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 direct to the General Term.
The old court of Common Pleas of the State of New York, the oldest tribunal of the State, which survived the changes of two constitutional revisions, was another heirloom of the colonial period, and was estab- lished originally under the charters of 1686, for the counties of New York and Albany, and was made general to the State by the act of 1691. Under the first constitution the number of judges was various, there being as many as twelve in some counties, but the act of 1818 limited the judges to five in each county, including the first judge. The constitution of 1821 continued the court, and its judges were appointed by the governor and Senate and held office for the term of five years. This court, except in the county of New York, was abolished by the constitution of 1846.
Surrogates' Courts, one of which exists in each county of the State, are now courts of record, having a seal, and their especial jurisdiction is the settlement and care of estates of infants and of deceased persons. The derivation of the powers and the practice of these courts is from the Ecclesiastical Court of England, also in part through the colonial council which existed during the rule of the Dutch, and exercised its authority in accordance with the Dutch Roman law, the custom of Am- sterdam, and the law of Aasdom, the Court of Burgomasters and Schep- pens, the Orphan Masters, the Mayor's, the Prerogative, and the Court of Probate. The settlement of estates and the guardianship of orphans was transferred to the Burgomasters in 1653, and soon after to the Orphan Masters. Under the colony the Prerogative Court controlled all matters relating to the probate of wills and settlement of estates, but in 1692, by act of the Legislature, all probates and granting of letters of administration were to be under the hand of the governor or his dele- gate, and two freeholders were to be appointed in each town to care for the estates of persons dying inestate. 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 of this power, except the appointment of surrogate, and it was conferred upon the judges of the Court of Probate.
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Under the first constitution surrogates were appointed by the council of appointment, and under the second by the governer with the approval of the Senate. The constitution of 1846 abolished the office of surrogate in all counties having less than 40,000 population, and conferred its powers and duties on 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 their office. In its present form, and sitting weekly, this court affords a cheap and expeditious medium for the care and settlement of estates and the guardianship of infants.
The only remaining courts which are common to the whole State are the Special Sessions, held by justices of the peace for the trial of minor criminal offenses, and justices' courts with a limited civil jurisdiction. Previous to the constitution of 1821 (modified in 1828), justices of the peace were appointed, but since that time they have been elected. The office and its duties are descended from the English office of the same name, but are much less important, and under the laws of this State it is purely the creature of the statute.
This brief survey of the courts of New York, which omits only those that are local in character, gives the reader some idea of the machinery provided for the use of the members of the bench and bar.
The organization of the courts in Steuben county was accomplished with little ceremony and still less difficulty. The county itself was erected by act of the Legislature. passed March 8, 1796, and on the 2 Ist day of June following, the first court of Common Pleas was held at Bath. The officers of the county at that time were William Kersey, first judge, and Abraham Bradley and Eleazer Lindsley, assistants ; Stephen Ross, surrogate; George D. Cooper, clerk; William Dunn, sheriff. In the same year in which the county was organized the court- house and jail were erected. On the 19th of July, 1859, an act of the Legislature divided Steuben county into two jury districts, the northern and southern, and the court house for the latter was erected at Corning, during the years 1853-54. Still further, for the convenience of the in- habitants generally of the west part of the county, an earnest effort was made to establish a third jury district with court buildings at the city of Hornellsville ; and while the act passed both houses of the Legislature it
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failed to become a law in not receiving the executive approval. This was manifest injustice to the people in this section, as a fair proportion of the business of the county, whether legal, commercial or industrial, is transacted in the locality of which Hornellsville is the center; and the final result will undoubtedly be the erection of a new county from Steuben and Allegany with the seat of justice at the city mentioned.
However, it is hardly within the province of this chapter to refer at any length to the several county buildings in which courts have been held, as that subject is more fully treated in another part of this work ; but it is our present purpose to mention the names of those persons who have been connected with the courts and the administration of law in the county from its earliest history to the present time.
The bar of Steuben county has ever been noted for its strength. On the bench and at the bar of the courts have been men of the highest pro- fessional character and of great moral worth. Of the leading legal minds of this State Steuben has furnished a liberal proportion, many of whom have attained distinction and some have become eminent. They have been characterized by strict integrity as well as rare ability-qualities which have made for them a high place, not only in the courts, but also in the legislative halls both of the State and Nation.
In this chapter the writer aims to avoid personal allusion to or com- ment on the abilities and characteristics of the lawyers of the county, pleading as an excuse the entire lack of space and the utter impossi- bility to do full justice to a subject so unlimited. It is fact well known that this county has produced some of the ablest lawyers of the State, but to separate the few from their fellows equally worthy of notice, per- haps, and eulogize them to the neglect of the many would lead to com . plications and consequent dissatisfaction. However, it is proper that we make same passing allusion to two members of the old bar who at- tained positions upon the Supreme Court Bench. We refer to Thomas A. Johnson and David Rumsey'
Thomas A. Johnson was a native of Massachusetts, born at Blanford, May 15, 1804, but during his childhood, his parents settled in Broome county, N. Y. Young Johnson was educated in the common schools, after which he read law with Judge Monell at Greene, Chenango county. After admission to practice, Mr. Johnson located at the hamlet years
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ago called Centreville, near Corning, but some years later moved to the suburb of the city known as Knoxville, where he ever afterward resided. Early in his professional career our subject developed an active interest in public affairs, and this naturally drew him somewhat into politics, though never to the serious neglect of his practice. He loved the pro- fession and was devoted to it, hence was an able and successful lawyer, but in connection with his practice he engaged in several mercantile and and manufacturing enterprises. In 1847 Mr. Johnson was elected justice of the Supreme Court in the Seventh Judicial district, and was twice re- elected. holding this office, which he honored with his ability and graced with his quiet, native dignity. Jndge Johnson was appointed to a posi- tion on the Court of Appeals bench in 1847, and again in 1856 and 1864. He was appointed to the General Term bench in December, 1870. Judge Johnson died December 5, 1872.
David Rumsey was born in Salem, Washington county, December 25, 1810, and was the son of David Rumsey, the latter a settler in Bath in 1816. In the county seat David, jr., acquired his early education, and also studied law in the office of Henry Wells, a prominent Bath lawyer. Mr. Rumsey was admitted to practice in 1832, and soon after- ward formed a law partnership with William Woods, which continued until the death of the latter in 1837. Five years later he became part- ner with Robert B. Van Valkenburg. In 1846 Mr. Rumsey was elected to Congress, and was re elected in 1848. In January, 1873, he was appointed by Governor Dix justice of the Supreme Court, and was elected to the same office in the following fall. He continued to per- form the duties of that office until 1880, when he was disqualified by age, and was succeeded by his son, William Rumsey, who now occu- that high position. Of Judge Rumsey a cotemporary has said : "With a thorough knowledge of law David Rumsey possessed the rare faculty of grasping the thoughts of jurors and leading them along by plain methods of logic and reasoning to the conclusion he desired."
Besides Judge Johnson and David Rumsey, Steuben county has furnished two other incumbents of the office of justice of the Supreme Court. William Rumsey, of Bath, and George B. Bradley, of Corning, both of whom are now on the bench and with years, perhaps, of useful- ness before them.
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Judge Rumsey was elected justice of the Supreme Court, November 2, 1880. He was a native of Bath, and extensively known throughout Central and Western New York, Previous to his election to the bench Judge Rumsey was an active attorney of the county seat, well known in local political circles, though in no sense a seeker after political pre- ferment. On May 6, 1887, he was appointed by the governor one of the commissioners to examine the bill entitled "An act to establish a Code of Evidence," an appointment purely honorary, yet nevertheless gratifying because of the confidence expressed in the designation.
George B. Bradley, who for more thon forty years has been an active factor in professional and public life, and who now retires from the bench by reason of the age limitation, was born in Greene, Chenango county, February 5, 1825. His young life was spent on a farm, and his ele- mentary education was acquired in the district schools and also in Ithaca Academy. In 1845 he began reading law with Judge Monell, of Greene, but finished with James Crombie, of Fulton, Oswego county, He was admitted to practice in 1848, and in the same year located at Addison, remaining a single year, thence practicing four years in Woodhull, but locating permanently at Corning in 1852. Judge Brad- ley's life and public career are made the subject of special mention elsewhere in this work, and here we may only say that he was elected to the Supreme bench, November 6, 1883, and is now a member of the General Term.
In another chapter of this work the reader will find a complete suc- cession of the incumbents of the offices of justice of the Supreme Court, county judge, surrogate, sheriffs, district attorney and county clerk, all of whom were officers of the court during the term of their service. They are proper subjects of mention in this chapter, but being noted in the civil list need not be repeated here.
Record and tradition alike have it that George D. Cooper was the pioneer lawyer of this county, having settled in Bath in 1895. He was the first county clerk. The first term of the Common Pleas was held on June 21, 1796, and it is said these lawyers were in attendance : Nathaniel W. Howell, of Canandaigua; Vincent Matthews, a lawyer of much fame in Western New York, and an afterward resident of Bath ; William Stuart, who appeared in the capacity of deputy attorney -
9. Really
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general, to perform the duties of the office we now call district attorney. There were also present lawyers William B. Ver Planck, David Jones, Peter Masterson, Thomas Morris, Stephen Ross and David Powers.
This mention recalls the old bar of the county, in connection with which we may mention some of the prominent early practitioners in the courts, although, for reasons already given, this mention must necessarily be brief.
Samuel S. Haight was an early lawyer at Bath, having an extensive practice, and taking an active part in public affairs. William Howe Cuyler, came to Bath from Albany, and is remembered as a scholarly and dignified lawyer, fashionable in attire and fascinating in manners. He was killed in service during the war of 1812. Gen. Daniel Cruger, also of Bath, was a leading lawyer and an influential politician. He, too, was in the war of 1812, and served with honor as major of in- fantry. In 1816 he was elected to Congress, but in 1833 he moved to Virginia, where he died in 1843. William B. Rochester presided at the trial of Robert Douglass (charged with murder, convicted and hanged), and was an able exponent of the law. He practiced for a time as part- ner with William Woods. He was elected to Congress in 1822, and in 1823 was appointed Circuit judge for the eighth district. Judge Roch- ester met a tragic death, being drowned while on a voyage to Florida. Ziba A. Leland was a graduate of Williams College, and a lawyer of
much force and ability. He came to Bath in 1822, and in 1838 suc- ceeded Judge Edwards on the Common Pleas bench He died in Saratoga county about 1873. Edward Howell came to Bath from Delaware county in the early part of the year 1811, and later read law with General Cruger. He was one of the factors in local political affairs, and, as a lawyer, "stood for many years at the head of his pro- fession in this part of the State." In 1818 he was appointed county clerk, followed by an appointment as postmaster at Bath. In 1829 he was appointed district attorney ; was member of assembly in 1832, and member of congress in 1833-35. Mr. Howell died in 1871.
Schuyler Strong came to Bath from Orange county, and was partner with William Woods, and still later with Mr. Howell. He was the lead- ing lawyer for the defense at the famous Douglass murder trial, being then associated with Mr. Howell and Judge Leland. William Woods
28
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was one of the early distinguished lawyers of the county seat ; a native of Washington county, and a graduate from the office of Judge Samuel Nelson. Mr. Woods was a successful and popular lawyer, and was honored with important political offices ; was in the State Legislature in 1823 and 1828; member of Congress from 1823 to 1825 ; surrogate from 1827 to 1835. Mr. Woods died in 1837, at the age of thirty- seven years.
David McMaster, one of the best known and popular lawyers and judges of his time, and for many years recognized authority on all questions of local history, was a native of Otsego county, born in 1804, and was graduated from Hamilton College in 1824. He began the practice of law in Bath with Henry M. Rogers, in 1827, and continued actively until 1847. Other partners were Judge Leland and L. H. Read. Mr. McMaster was the first county judge and surrogate elected under the Constitution of 1846, and was re-elected in 1856. Judge McMaster died May 6, 1888. Henry Welles was one of the oldest members of the old bar, and was also a patriot of the war of 1812, he raising a company and serving with credit on the New York frontier. He was born on October 17, 1794, and came to Bath previous to his enlistment. He read law with Vincent Matthews, and after being ad- mitted to practice continued actively in professional life for many years. In 1824 he was appointed district attorney, and as such prosecuted Douglass. In 1829 he resigned the position, and after about ten years moved to Penn Yan. He was elected one of the justices of the Supreme Court for the seventh district under the constitution of 1847.
Vincent Matthews, whom we have incidentally mentioned, was a native of Orange county, born June 29, 1766. He was the friend and associate of Col. Robert Troup, and afterward became intimate with some of the leading men of the State. Mr. Matthews became a lawyer in 1790, and in 1793 moved to Elmira, and at once became a promi- nent figure in professional and political life, holding a number of impor- tant offices. His residence in Bath began in 1816 and continued until 1821, when he moved to Rochester, and continued his brilliant career. He died in 1846.
Among the other early lawyers of the county seat were Dominick Theophilus Blake, a well educated young Irishman, full of native humor,
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in many respects the wag of the bar, on account of his rich brogue, yet a good lawyer. He remained here only a short ime. Cuthbert Harri- son was another of the pioneer lawyers, well educated and possessed of good sense, and withal, as General McClure said, " a good natured, clever fellow."
Henry W. Rogers came to Bath about 1827, and for a time taught school, but afterward read law with Henry Welles. Later on he prac- ticed as partner with David McMaster, and afterward with Joseph G. Masten. This latter firm moved to Buffalo about 1836. George C. Edwards came to the local bar in 1818, and in 1825 was appointed Common Pleas judge, holding that office until his death in 1837. He was author of the well known work, " A Treatise on the Powers and Duties of Justices of the Peace "
Robert Campbell, jr., son of pioneer Robert Campbell, was born in 1808, and received his early education at Hobart College. He read law with Cruger & Howell, and was admitted to practice in 1829. Among his law partners in later years were General Cruger, Samuel H. Hammond and Guy H. McMaster. Mr. Campbell is remembered as an earnest and conscientious lawyer, a man of education, and a polished gentleman. He was a member of the Constitutional Convention of 1846, and was elected lieutenant-governor in 1858; and re-elected in 1860. He became Regent of the University by appointment February 2, 1846.
Samuel H. Hammond, for a time the law partner of Mr. Campbell, practiced in Bath from 1836 to 1842. He was a son of Lazarus Ham- mond, founder of the village of Hammondsport. Mr. Hammond was admitted to practice in 1831. In 1843 he moved to Albany, but re- turned to Bath in 1857 and became partner with A. P. Ferris. In 1859 he was elected to the State Senate. In 1864 he moved to Watertown, and died there in 1878. L. H. Read, who practiced in Bath for several years, was a native of Pleasant Valley, and studied law with Edward and William Howell. In 1839 he was partner with Judge McMaster. In 1850 he was appointed chief justice of Utah, where he served upon the bench, then resigned and returned to Bath, where he soon after- ward died. William Howell, brother of Edward Howell, practiced law in Bath more than fifty years, and is remembered as a man of culture and refinement, and a successful lawyer. Joseph G. Masten was the
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son-in-law of Dugald Cameron, and a lawyer of prominence. He came to Bath about 1832, and for a time was partner with Mr. Rogers. He went to Buffalo about 1836, and died there in 1872. Washington Barnes was also a pioneer at Painted Post, whose election to the county judgeship brought him to Bath in 1860. After his term expired he practiced in partnership with Mr. McCall. Alfred P. Ferris was edu- cated in the old Franklin Academy at Prattsburg, and studied law with Judge Leland and S. H. Hammond. He was admitted to the bar in 1843, and practiced at Bath until the time of his death in 1888. Mr. Ferris was district attorney from 1847 to 1851.
Guy H. McMaster was born in Bath in 1829, and, like his father, David McMaster, always felt a deep interest in local annals, being author of two standard works, entitled respectively, " Old Continentals," and " Pioneer History of Steuben County." Mr. McMaster was liber- ally educated, and was a graduate of Hamilton College, with the class of '47. He became a member of the local bar in 1852. In 1863 he was elected county judge and surrogate, and was re-elected in 1867 and 1877. In 1883 he was elected surrogate, that office being then separate from the county judgeship. He died September 13, 1887.
William B. Ruggles was born in Bath in 1827, and graduated from Hamilton College in 1849. He was for many years one of the strongest lawyers in the county. He was elected to the assembly in 1876 and '77, and in the latter year was appointed deputy attorney-general. On March 14, 1883, Mr. Ruggles was appointed state superintendent of public instruction, and also was appointed deputy superintendent of insurance.
William E. Bonham read law with Washington Barnes, and for many years was a member of the county bar. In 1864 and '65 he was in the Legislature. Perry S. Donahe came from Avoca to Bath in the early forties. He read law with A. P. Ferris, and after being admitted to practice, was a member of the local bar until his death in 1879. He held the office of town clerk and county treasurer.
Robert B. Van Valkenburg, born in 1821, was for many years a prominent lawyer, a valued and respected citizen, and also a brave officer in military service during the war of 1861-65. He read law with David Rumsey, and was admitted to practice in 1841, and he afterward
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H.J.O. SY.
Apni Call
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married' Mr. Rumsey's sister. He was prominently associated with nearly every public enterprise in the county ; was also a leading poli- tician, and was in Congress in 1861 and '62. He raised and commanded the 107th N. Y. Vols., but resigned his commission on account of the serious and fatal sickness of his wife. In 1867 our subject was appointed minister to Japan, and in 1872 was appointed justice of the Supreme Court in Florida, in which State he died in 1887.
Vincent Matthews Coryell was admitted to practice in 1822, and was for a short time partner with Judge Welles. However, Mr. Coryell abandoned the profession for the clergy. Anson Gibbs practiced in Bath in 1821-22. John Cook was another member of the old bar, at the county seat, and was district attorney in 1821. William E. Bonham, a native of Erwin, read law with Washington Barnes at Bath and be- came his law partner later on. He also practiced in Hornellsville, and was in the Legislature in 1864-65.
In mentioning the various members of the old bar of Steuben county, one other name is suggested as specially worthy of notice, although still in professfonal work to the extent at least of gratifying his own inclina- tion and the frequent importunities of former clients. Ansel J. McCall, of whom a suitable biography appears elsewhere in this work, was a native of Erwin, born January 14, 1816. He prepared for college at Prattsburg, entered Union, and was graduated in 1838. He read law with David McMaster and also with Hammond & Campbell, and, after admission in 1842, became law partner with Washington Barnes; sub- sequently with A. P. Ferris. In 1843 Mr. McCall was appointed sur- rogate, and held office until 1847. Notwithstanding Mr. McCall's asso- ciation with the old bar of the county, and he remembers nearly all of its members, the writer feels more disposed to mention him as one of the present rather than the old bar.
Referring briefly to some of the members of the old bar in towns out- side of the county seat, mention may be made of Charles H. Thomson, who came to Corning in 1850 and read law in the office of George J. Spencer. He was admitted in 1883, and became partner to his instruc- tor. Mr. Thomson was a good lawyer and an active Republican ; was postmaster from 1861 to 1872; for many years chairman of the Repub- lican county convention, also member of the State committee.
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