Our County and Its People: A Descriptive Work on Erie County, New York (Volume 1), Part 76

Author: Truman C. White
Publication date: 1898
Publisher:
Number of Pages: 1017

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Judge Masten died in the spring of 1871, after serving two terms and a half, or fifteen years, and James M. Humphrey was appointed by Governor Hoffman to fill the vacancy. At the succeeding election in November, 1871, James Sheldon was elected as the successor of Mr. Humphrey.

Judge Verplanck died in the spring of of 1873, after serving two full terms and two fractional terms, or a little more than eighteen years, and James M. Smith was appointed to the vacancy by Governor Dix. At the succeeding election in November, 1873, Judge Smith was chosen his own successor. Judge Verplanck was appointed chief judge in 1870 and upon his decease Judge Clinton was appointed to fill that position.

By the provision of the sixth article of the constitution, which article was ratified by the people of the State, on the 2d day of November, 1869, the Superior Court of Buffalo was continued, with the powers and jurisdiction it theretofore had, and such further civil and criminal jurisdiction as might thereafter be conferred by law, and the term of office was extended to fourteen years, whether chosen to fill a vacancy or otherwise. The civil jurisdiction and power of the court were the same with some unimportant exceptions, which were possessed by the court before the constitutional enactments above referred to. It possessed and exercised within the city of Buffalo jurisdiction and authority, concurrent and co-extensive with the Supreme Court, and each judge of the court possessed the same power and authority in an action or special proceeding, which a justice of the Supreme Court possessed in a like action or special proceeding brought in the Supreme Court. Appeals from the decision of the court at a general term were were taken to the Court of Appeals of the State, as the appellate court. The criminal jurisdiction and power of the court in the city of Buffalo were the same as those of the Supreme Court at the Oyer and Ter- miner.

The term of Judge Clinton expired December 31, 1877, by reason of the disability of age prescribed in the constitution, and at the general election held in November, 1877, Charles Beckwith was elected his suc- cessor. Upon the retirement of Judge Clinton, Judge Sheldon was

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appointed chief judge of the court. This court was abolished and its powers vested in the Supreme Court, by a constitutional amendment of 1894, as noticed in previous pages.

The clerks of the courts have been :

M. Cadwallader, 1839-44; Nelson Ford, 1844-46; C. M. Cooper, 1846-48; William Davis, 1848-51; Jared S. Torrance, 1851-56; Dyre Tillinghast, 1856-62; Thomas M. Foote, 1862-63; Amos A. Blanchard, 1868-75; John C. Graves, 1875; Moses Shire, 1885; Charles S. Hatch, 1892.

The Court of Common Pleas, before mentioned, was first established in New York and Albany by the charters of 1686, and in 1691, and was extended to all counties. The Common Pleas for the City and County of New York was the oldest judicial tribunal in the State; it was a continuation of the former Mayor's Court, and after the year 1688, its criminal branch was called the Court of Sessions. At the first this court was composed of one judge and three justices, but in 1702 it was ordered that the judge should be assisted by two or more justices; they were all appointed by the governor and held office only during his pleasure. The court had cognizance of all actions where the sum in- volved exceeded £5 in value. Its errors were corrected in the first instance by writs of error brought in the Supreme Court; appeals were allowed to the latter court in cases where the sum involved exceeded £20. In the more remote counties the court was authorized to take proof of wills and transmit its proceedings to the record office in New York. The Court of Common Pleas was continued from the colonial period, as noticed farther on.

The constitution of 1821 provided that the State should be divided into not less than four nor more than eight circuits, for each of which a circuit judge should be appointed, who should hold office by the same tenure as the justices of the Supreme Court, and who should possess the powers of a justice of the Supreme Court at Chambers and in the trial of issues joined in the Supreme Court; and in Courts of Oyer and Terminer and Jail Delivery. In pursuance of these provisions a law was passed, April 17, 1823, dividing the State into eight circuits, cor- responding with the Senatorial districts. No change was made in these districts during the continuance of the court. At least two Circuit Courts were held annually in each county, except in the county of New York, in which four were held. The circuit judge also held a Court of Oyer and Terminer at the same time and place with the circuit, or otherwise if they so appointed. This court possessed a seal. Only one

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citizen of Erie county was appointed circuit judge; this was Albert H. Tracy, appointed May 26, 1826, and declined. After the adoption of the constitution of 1846 Circuit Courts were held in each county by a justice of the Supreme Court. This court is a court of record and the clerk of the county is its clerk.

By the 3d article of the constitution of 1777 a Court for the Trial of Impeachments and Correction of Errors was provided for, to consist of the president of the Senate for the time being, the senators, chancellor and judges of the Supreme Court, or a majority of them. The im- peachment functions of this court were directed against corrupt con- duct by State officials. In the correction of errors, appeals were allowed to it from the Court of Chancery, Supreme Court and Court of Probate. This court was continued under the constitution of 1821, with slight change, but was abolished by the constitution of 1846. Its powers and duties were then conferred upon a new court, the Court for the Trial of Impeachments, as far as that feature of the for- mer court was concerned. The new court was composed of the presi- dent of the Senate, the senators, or a majority of them, and the judges of the Court of Appeals, or a majority of them. The Court for the Trial of Impeachments and the Correction of Errors, as far as the correction of errors is concerned, was succeeded by our Court of Ap- peals, which was organized under the constitution of 1846. As first formed it consisted of eight judges, four of whom were chosen by the electors for a term of eight years, and four were selected from the class of the Supreme Court justices having the shortest time to serve. The judge elected who had the shortest time to serve, acted as chief judge. This court was reorganized by the constitutional convention of 1867-68. the article referring to the judiciary being ratified by the people in 1869. By that article this court consisted of a chief judge and six associate judges, who held office for terms of fourteen years. The new article also provided for a Commission of Appeals, composed of four judges of this court in office when the article went into effect, and a fifth commissioner. Their term was three years and they selected their chief. This commisson served until 1875, for the relief of the Court of Appeals.

In 1888 the Legislature passed a concurrent resolution that section 6 of article 6 of the constitution be amended so that upon the certifi- cate 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 in-

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terests required a more speedy disposition thereof, the governor may designate seven justices of the Supreme Court to act as associate judges for the time being of the Court of Appeals, and to form a sec. ond division of that court, and to be dissolved by the governor when said causes are substantially disposed off. This amendment was sub- mitted to the people of the Stete at the general election of that year and was ratified, and in accordance therewith the governor selected seven Supreme Court justices, who were constituted the Second Divis- ion of the Court of Appeals.

No resident of Erie county has been honored with the high office of judge of the Court of Appeals of this State, excepting Albert Haight, who was designated by the governor, judge of the Second Division of the Court of Appeals, January 21, 1889, and in 1894 was elected a judge of that court.

County Court .- The act of 1683 directed that a Court of Sessions be held by three justices of the peace in each of the twelve counties of the province, four times annually in New York, three times annually in Albany, and twice in each of the other counties. By the act of 1691 and ordinances of 1699, the functions of this court were confined to criminal matters, while civil cases were transferred to the Court of Common Pleas. The latter court was established in New York and Albany by the charters of 1686 and a Court of Common Pleas was erected for each county by the act of 1691. Composed at first of one judge and three justices, it was ordered in 1702 that the judge be assisted by two or more justices, all to be appointed by the governor. Its jurisdic- tion embraced all actions, real, personal and mixed, where more than £5 were involved. It was based upon the practice of the King's Bench and Common Pleas at Westminster, England. Appeals were allowed to the Supreme Court where the amount involved exceeded £20. This court continued through the colonial period. Under the first con- stitution the number of judges and assistant justices varied greatly in the different counties, reaching in some counties as many as twelve. On March 27, 1718, the office of assistant justice was abolished and the number of judges limited to five, inclusive of the first judge. The con- stitution of 1821 continued this court with little change. The judges were appointed by the Governor and the Council of Appointment down to 1821, after which they were appointed by the Governor and Senate down to 1846, when the office was made elective. The constitution of .

1846 abolished the Court of Common Pleas and created the County Court,

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providing for the election in each county, except in the city of New York, of one county judge, who should hold a court and have jurisdic- tion in cases arising in Justice's Court and in such special cases as the Legislature might order. Upon this court the Legislature has con- ferred jurisdiction in actions for debt in sums not exceeding $2,000; in replevin suits for $1,000; in cases of trespass and personal injury not ex- ceeding $500; also equity jurisdiction in mortgage foreclosures, sale of in- fant's real estate, partition of lands, admeasurement of dower, satisfaction of certain judgments, etc. The tenure of office of the county judge was ex- tended from four to six years. Associated with the county judge were two justices of the peace to be designated by law to hold Courts of Sessions, with such criminal jurisdiction as the Legislature might prescribe. The constitution of 1894 changed somewhat the powers and forms of this court, principally on the criminal side. These recent changes are familiar to the bar.

Upon the erection of Niagara county, March 11, 1808, it included the territory of Erie county. The first judges of the Common Pleas of that county, down to the erection of Erie county in 1821, were as follows :

Augustus Porter, appointed March 26, 1808; he was the well known pioneer at Niagara Falls. Samuel Tupper, appointed May 27, 1812; he served to February 21. 1818, and was a prominent pioneer of this county. William Hotchkiss, appointed February 25, 1818; he was a resident of what is now Niagara county. Samuel Wilkeson,1 appointed November 10, 1820, and retained the office after the erection of Erie county. By the constitution of 1821, his judgeship expired December 31, 1822. Ebenezer Walden,' appointed Febuary 1, 1823, served to April 4, 1828. Thomas C. Love, appointed April 4, 1828, resigned in March, 1829. Philander Bennett, from April 3, 1829, to July, 1837. James Stryker, July 16, 1837, resigned in December.

1 Samuel Wilkeson settled in Buffalo soon after the war of 1812, and became prominently identified with every measure that promised to contribute to the prosperity of the village. Judge Wilkeson was in many respects an extraordinary man, possessed a strong mind, liberal public spirit, and showed active enterprise and persistent energy in whatever he undertook. Although not a lawyer by profession, his good judgment and vigorous common sense enabled him in most cases to form quite correct opinions of their respective merits. He was elected to the State Senate in 1825 and mayor of the city in 1835; he honored both positions.

? Judge Walden was a native of Massachusetts, and a graduate of Williams College. He was one of the four lawyers resident in Buffalo before the war of 1812, settling in the little hamlet in 1806. During all his long life he was a leading citizen and conspicuous in all good works. In 181? he represented in the State Legislature the district comprising the present counties of Erit, Niagara, Chautauqua and Cattaraugus. He remained on the frontier during the war, distin- guished himself by personal bravery at the burning of Buffalo, in which his own dwelling was destroyed, and after the return of peace resumed the practice of his profession. Judge Walder was a thorough lawyer and discharged his duties as judge wth fidelity and ability. In fre he was chosen a presidential elector, and in 1838 was elected mayor of Buffalo, an office which he ad. ministered with uprightness and dignity. He died November 10, 1857.

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1840. Joseph Clary, appointed January 15, 1841. Nathan K. Hall, from January 26, 1841, until his resignation in January, 1845. Frederick P. Stevens, from Jan- uary 18, 1845, until the expiration of his term under the provisions of the constitu- tion of 1846, on the first Monday of July, 1847.

By the new constitution county judges were substituted for first judges of the Common Pleas and were elected by the people for four years, excepting the first one, whose term was four years and a half. The following were elected to the office in Erie county :

Frederick P. Stevens, from the first Monday of July, 1847, until December 31, 1851. Jesse Walker, from January 1, 1852, until his death in September, 1852. James Sheldon, appointed, vice Walker, deceased, and elected in November, 1852, re-elected in 1856 and in 1860, serving from September 27, 1852, until December 31, 1864. Stephen Lockwood, from January 1, 1865, to December 31, 1868. Roswell L. Burrows, from January 1, 1869, to December 31, 1872. Albert Haight, from January 1, 1873, until his elevation to the bench of the Supreme Court January 1, 1877. George W. Cothran, appointed in place of Haight January 1, 1877, served until De- cember 31, 1877. William W. Hammond, elected in November, 1877, and re-elected in November, 1883. Joseph V. Seaver, elected November, 1889, served to Decem- ber, 1895. Edward K. Emery, elected November, 1895.

An act of the Legislature of May 20, 1880, created the Municipal Court of the City of Buffalo, which is still in existence. Immediately after the passage of the act the mayor appointed two municipal court judges, whose term of office began on July 1 of that year. One of these incumbents was appointed for five years and one for six years from January 1, 1881. In the charter election next preceding the ex- piration of these terms the office was filled for the regular term of six years. The court as at present organized comprises the two judges, with salary of $4,000; one clerk, salary, $1,300; one deputy clerk, sal- ary, $1,100; three special deputy clerks, salary, $900; and two stenog- raphers, salary, $1,100. The Municipal Court judges of Buffalo have been as follows:

George S. Wardwell (appointed for six years); George A. Lewis (appointed for five years); Judge Wardwell was re-elected; William W. Brown, elected 1886; Louis Braunlein, elected 1891, re-elected 1897; Charles W. Hinson, elected 1892.

The following persons have held the office of city attorney, or cor- poration counsel :

1832, George P. Barker; 1833-34, William A. Moseley; 1835, Nathan K. Hall: 1836, John L. Talcott; 1837, Theodore C. Peters; 1838, Theodotus Burwell; 1839-40, Har- low S. Love; 1841, George W. Houghton; 1842, Samuel Wilkeson, jr .; 1843, Asher P. Nichols; 1844, Seth E. Sill; 1845, Eli Cook; 1846, James Mullett: 1847, James Sheldon ; 1848, John F. Brown; 1849, Charles D. Norton : 1850, James Wadsworth; 1851, Eli Cook ; 1852-53, Cyrus O. Poole; 1854-55, John Hubbell; 1856-57, Andrew J. McNett; 1858-59, Edwin Thayer; 1860-61, George Wadsworth; 1862-63, Harmon S.

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Cutting ; 1864-65, Charles Beckwith; 1866-67, George S. Wardwell: 1868-69, David F. Day; 1870-71, Benjamin H. Williams; 1872-75, Frank R. Perkins; 1876-77, John B. Green: 1878-79, Price A. Matteson; 1880-81, Edward C. Hawks; 1882-88, Giles A. Stillwell: 1884-85, Herman Hennig; 1886-90 (title of the office changed to corpo- ration counsel), William F. Worthington; 1891-92, George M. Brown; 1893-95, Frank C., Laughlin ; 1896-97, Charles L. Feldman; 1897, William H. Cuddeback.

Surrogates. - Courts for the care and administration of estates have come down from the first Orphan's Court. Originally the Director- General and Council of New Netherland were guardians of widows and orphans. It was the duty of church deacons to attend personally to these interests and to notify the Director of the death of parents. In New Amsterdam the Burgomasters became ex-officio Orphan Masters in 1653, but at their own request they were soon relieved of the duty and two special Orphan Masters were appointed. At Fort Orange (Albany) in 1652 the Vice-Director was appointed and in 1657 Jan Verbeck and Evert Wendell. By the Duke's laws authority to grant probate of wills was vested in the Court of Assizes and Court of Sessions. This duty being a part of the royal prerogative, was subsequently reserved to the governor, and the Legislature accordingly, on November 11, 1692, passed a law directing that all probates and letters of administra- tion be thereafter granted by the governor or his delegate and that two freeholders be appointed in each town to have charge of the estates of intestates. This constituted the Prerogative Court. In 1778 the Legislature passed a law taking from the governor the powers de- scribed above and transferring them to the judge of the Court of Pro- bates. In 1787 the appointment of a surrogate in each county was authorized, while the judge of the Court of Probates continued to hold jurisdiction in cases out of the State and of non-residents within the State. Under the first constitution surrogates were appointed for an unlimited period by the Council of Appointment. Under the second constitution they were appointed by the governor and Senate for four years, and appeals went up to the chancellor. The constitution of 1846 abolished the office excepting in counties having 40,000 or more population, and transferred its duties to the county judge. In coun- ties with more than 40,000 population surrogates are elected for six years. The surrogates of Erie county have been as follows:

Archibald S. Clarke, appointed for Niagara county, March 26, 1808; Otis R. Hop- kins, appointed May 27, 1812; Amos Callender, appointed March 16, 1813; Ebenezer Johnson, appointed February 28, 1815; Roswell Chapin. appointed February 17, 1831, continued as surrogate of Erie county after its erection ; Ebenezer Johnson, appointed February 19, 1828; Martin Chittenden, appointed February 24, 1832, died

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in office in the same year; Israel T. Hatch. appointed January 11, 1833; Samuel Caldwell, appointed January 6, 1836; Thomas C. Love, appointed January 15, 1841; Peter M. Vosburgh, appointed January 24, 1845, serving until the first Monday in July, 1847, elected by the people in June, 1847, and serving from the first Monday in July of that year to December 31, 1851; Charles D. Norton served in 1852, 1853, 1854 and 1855; Abram Thorn, 1856 to 1859 inclusive; Charles C. Severance, 1860 to 1868 inclusive; Jonathan Hascall, 1864 to 1867 inclusive; Horatio Seymour, 1868 to 1871 inclusive; Zebulon Ferris, 1872 to 1877 inclusive, and 1878 to 1883 inclusive; Jacob Stern, 1884 to 1895; Louis W. Marcus, 1896-97.

District Attorneys .- Under the legislative act of February 12, 1796, this State was divided into seven districts, over which an assistant at- torney-general was appointed by the Governor and Council to serve during their pleasure. The office of district attorney was created on April 4, 1801, the State being then divided into five districts, which was subsequently and gradually increased to thirteen. After the erec- tion of Niagara county and down to 1813, it was placed in the Seventh District and so remained until 1818, when in April a law was passed constituting each county a separate district for the purpose of this of- fice. During the life of the second constitution district attorneys were appointed by the Court of General Sessions in each county. The fol- lowing persons held this office in Niagara and Erie counties:

Charles G. Olmstead, appointed for Niagara county June 11, 1818: Heman B. Potter, appointed for Niagara county February 13, 1819, continued in the office for Erie county after its erection until 1829; Thomas C. Love, appointed in March, 1829; George P. Barker, appointed 1835; Henry K. Smith, appointed 1838; Henry W. Rogers, appointed 1841; Solomon G. Haven, appointed 1844; George P. Barker, appointed 1846, serving until December 31, 1847; Benjamin H. Austin, 1848-50 in- clusive; Charles H. S. Williams, 1851-52, resigned in November, 1852; John L. Talcott, appointed December 3, 1852, served until December 31, 1853; Albert Sawin, 1854-1856 inclusive; James M. Humphrey, 1857-59; Freeman J. Fithian, 1860-62; Cyrenius C. Torrence, 1863-65; Lyman K. Bass, 1866-68 inclusive, re-elected and served 1869-71; Benjamin H. Williams, 1872-74; Daniel N. Lockwood, 1875-77; Robert C. Titus, 1878-80; Edward W. Hatch, 1881-83, and re-elected; George T. Quinby, 1886-94; Daniel J. Kenefick, 1895-98.

Sheriffs .- During the colonial period sheriffs were appointed annu- ally in the month of October, unless otherwise noticed. Under the first constitution they were appointed annually by the Council of Ap- pointment, and no person could hold the office more than four suc. cessive years; neither could a sheriff hold any other office, and he must be a freeholder in the county where appointed. Since the adoption of the constitution of 1821, sheriffs have been elected for a term of three years, and are ineligible to re-election for the next succeeding term.

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The following persons have held this office for Niagara and Erie coun- ties :

Asa Ransom, for Niagara county, from March 6, 1808, until March 6, 1810; Sam- uel Pratt, jr., from March 7, 1810, until February 5, 1811; Asa Ransom, February 3, 1811, to March 25, 1813; Nathaniel Sill, appointed March 16, 1814, declined ; Cyrenius Chapin, from March 26, 1813, to March, 1814; Asa Ransom, from March 5, 1814, to February, 1818; James Cronk, from February 8, 1818, to February 3, 1821; John G. Camp, appointed for Niagara county, February 4, 1821, and remained in office after erection of Erie county until December 31, 1822. From that date the sheriffs have been regularly elected every three years, as follows: Wray S. Littlefield, 1823-25; John G. Camp, 1826-28; Lemuel Wasson, 1829-31; Stephen Os- born, 1832-34; Lester Brace, 1835-37; Charles P. Persons, 1838-40; Lorenzo Brown, 1841-43; Ralph Plumb, 1844-46; Timothy A. Hopkins, 1847-49; Leroy Farnham, 1850-52; Joseph Candee, 1853-55; Orrin Lockwood, 1856-58; Gustavus A. Scroggs, 1859-61; Robert H. Best, 1862-64; Oliver J. Eggert, 1865-67; Charles Darcy, 1868- 70; Grover Cleveland, 1871-73; John B. Weber, 1874-76; Joseph L. Haberstro, 1877- 79; William-W. Lawson, 1880-82; Harry H. Koch, 1883-85; Frank T. Gilbert, 1886- 88; Oliver A. Jenkins, 1889-91; August Beck, 1892-94; George H. Lamy, 1895-97; 1898, Andrew Kilgallon.

County Clerks .- During the colonial period the county clerk was clerk of the Court of Common Pleas, clerk of the peace, and clerk of the Sessions of Peace, in his own county. Under the first constitution it was his duty to keep the county records and act as clerk of the in- ferior Court of Common Pleas, and clerk of the Oyer and Terminer. These last named duties were conferred by the act of February 12, 1796. The seals of the county clerks were the seals of the Court of Common Pleas in their respective counties. County clerks are now clerks of the Supreme Court, County Court and Court of Sessions. Since the adoption of the constitution of 1821 the term of office has been three years. Following are the names of those who have held this office in Niagara county previous to 1821 and in Erie county since its erection :

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Our County and Its People: A Descriptive Work on Erie County, New York (Volume 1), Part 76

Author: Truman C. White Publication date: 1898 Publisher: Number of Pages: 1017

Author: Truman C. White
Publication date: 1898
Publisher:
Number of Pages: 1017