USA > New York > Erie County > Our County and Its People: A Descriptive Work on Erie County, New York (Volume 1) > Part 78
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The first court building in which this county was interested was the original court house of Niagara county. When that county was erected in 1808 the county seat was located at "Buffalo, or New Amsterdam," upon condition that the Holland Land Company should erect a court house and jail upon a suitable lot and convey the same to the new county.' The company complied with this provision and very soon began the erection of the structure. It was a plain frame building situated in
1 An act to divide the county of Genesee into several counties, passed March 11, 1898.
Sec. III. And be it further enacted, That the Court House and Jail, in and for the said County of Niagara, be erected in the village of Buffalo or Amsterdam in the said county; provided the Holland Land Company, their agent or agents, shall within three years from the passage of this act, and at their sole expense, erect in the said village a suitable building or buildings for a Court House and Gaol for the said county, and shall legally convey not less than half an acre of land whereon the same shall be erected, together with the said building or buildings for the use of said county.
Sec. V. And be it further enacted. that the first Court of Common Pleas and General Sessions of the Peace for the said County of Niagara shall be held at the house of Joseph Landon, in the village of New Amsterdam, and until the said Court House and Jail shall be erected and cer- tified as aforesaid (in section IV.) the said Courts of Common Pleas and General Sessions of the Peace for the said county, after the first term of the said court, shall be held at such place in said village of New Amsterdam as the Judges of the said county of Niagara or a majority of them shall appoint.
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the center of a half acre of land laid out in circular form, the center of the circle being in what is now Washington street, just east of La Fay- ette Square and immediately in front of the site of the old house cor. ner of Clinton and Ellicott streets. This property was duly conveyed to the county in 1810, the deed bearing date November 21 of that year. Even at that time the building was not complete, for it was spoken of in the following year as an "unfinished wooden court house." It served its primitive and judicial purpose for the few years that it stood. The jail which the Holland Company was required to erect was of stone, and was situated on the east side of Washington street between the present Clinton and Eagle streets. When Buffalo was burned by the British on the 30th of December, 1813, the wooden court house went down in the flames; but the stone jail did not readily accept the fate of the remainder of the village. A fire was started inside the walls which damaged the wood work, but the walls resisted the flames and were left substantially uninjured.'
As soon as peace was declared at the close of the war, the Legisla- ture passed an act (March, 1816), authorizing the supervisors of the county to raise $4,000 by tax with which to build a new court house. The provisions of this act were not executed, probably for the reason that such a tax at a time of universal poverty would have proved to be too heavy a burden. On the 17th of April of the same year another act was passed by the Legislature, directing that a loan be made by the State to Niagara county of $5,000 with which to erect a court house, and appointing Samuel Tupper and Joseph Landon, of Buffalo, and Jonas Williams, of Williamsville, commissioners to supervise its construction. These prudent men abandoned Ellicott's plan of setting the court house in the middle of the circular tract that was to divide the street in twain; the street was made continuous and the east part of the street was taken for the site of the new building. Work was commenced on the structure in the spring of 1816 and it was so far ad- vanced as to admit of occupation early in the next year. It was built of brick, two stories high, with a porch in front and large pillars ex- tending up to the cornice. A part of the first floor was occupied for the county clerk's office. This court house was then the finest build-
1 Juba Storrs wrote a letter to his father in July, 1810, in which he spoke of this jail as follows: "I suppose it would enhance the value of Buffalo property in brother Zalmon's estimation to know that we have a very nice stone jail building." The jail was surrounded by a picket wall made of round sticks of timber, set deep in the ground and sharpened at the top, which made a safe en- closure.
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ing in Western New York. In 1826 the building was somewhat in . creased in size and otherwise improved. The old jail was abandoned in 1833 and the land to the eastward of the court house acquired by the county and a new jail erected thereon. In 1846 a law was passed authorizing the supervisors of Erie county to erect a penitentiary or workhouse for the confinement and occupation of prisoners under sen- tence for minor offenses, for whom there was neither room nor occu- pation in the jail. The building was erected in 1847 of stone and was situated on Fifth street, between Pennsylvania and Root streets, in Buffalo. It has been described in a previous chapter.
In 1850, the old court house having outlived its usefulness and be- come entirely inadequate for its purposes, a new one was erected on the southeast corner of the same lot, and facing Clinton street.' It was built of brick, nearly square, three stories high. Its cost was about $17,000. In later years it was occupied by the Young Men's Christian Association. It was used for its original purpose twenty-five years in connection with the other building, courts being held in one or the other as was found convenient.
Soon after the close of the war of the Rebellion it began to be ap- parent that larger and better accommodations for the courts must soon be provided. The city was growing rapidly and the old buildings were not only inadequate for their purpose, but were not at all worthy of the county in outward appearance. In the winter of 1870-71 the Common Council and many leading citizens inaugurated the first measures towards a change. On the 1st of April, 1871, a law was passed pro- viding for the erection of such a building as the city and county need- ed. The governor appointed the following commissioners to have general charge of the work : James M. Smith, Dennis Bowen and Albert P. Laning, of Buffalo; Jasper B. Youngs, of Williamsville; and Allen Potter, of Hamburg. To these were added by authority of an act of the Legislature in May, 1872, the following: James Adams, Philip Becker, and George Wardwell, of Buffalo; and John Nice of Tonawan- da. James M. Smith was chosen chairman of the commission, but re- signed in May, 1872, on account of his appointment as judge of the Superior Court, when George W. Hayward, of Buffalo, was made com- missioner in his place, and Mr. Wardwell was chosen chairman. After
1 This action was taken under authority of an act of the Legislature passed March 22, 1849, which gave the supervisors of the county authority to "purchase land adjoining land owned by the county on which the court house and jail stand, so as to include all of the block bounded by Washington, Batavia, Ellicott and Clinton streets."
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examining various sites the commissioners selected Franklin Square between Delaware avenue and Franklin streets, Buffalo, for the new building. Plans were prepared for a structure the estimated cost of which was placed at $772,000. In July, 1871, the commissioners em- ployed a superintendent in the person of Samuel H. Fields, who was succeeded in October, 1873, by Cooley S. Chapin, who remained in charge until the completion of the building. Proposals were accepted for the preliminary foundations and ground was broken on the 21st of August, 1871. In April, 1872, A. J. Warner was employed as archi- tect and his plans for the structure were accepted. On the 14th of June, 1872, the corner stone of the City and County Hall (as the building was named) was laid with Masonic ceremonies by Christopher G. Fox, grand master of Masons of the State, after an imposing procession through the streets of the city: an eloquent oration was delivered by George W. Clinton. In October, 1873, an amended estimate was adopted providing for cut stone for the entire outside walls, adding largely to the cost, and providing for the use of hard woods in the in- terior of the structure, bringing the total estimated cost to $1, 207, 234. These changes were sanctioned by the Legislature in an act providing that the total cost should not exceed $1,400,000. The erection of the building was prosecuted through the years 1874 and 1875, and early in 1876 (the centennial year) it was ready for occupation. On the 13th of March it was formally taken possession of by the judges, the bar, and the various city and county officers. A meeting of the bar was called in the oldest court house on the preceding Saturday at which a valuable and interesting paper was read by James Sheldon, giving a history of that court house and of its predecessor which was burned in 1813; another paper was read by George R. Babcock containing rem- iniscences of judges and lawyers who had displayed their learning and their wit in the old buildings, and brief addresses were made by George W. Clinton, James M. Smith, and others. On the 13th the entire bar, with many others, again met in the old court house, whence they marched in procession to the new building, where appropriate addresses were delivered by Sherman S. Rogers, A. P. Nichols and E. C. Sprague. The Common Council chamber was formally occupied in the afternoon of the same day, when addresses were delivered by Philip Becker, then mayor; A. S. Bemis, president of the Common Council, and George W. Clinton, judge of the Superior Court, with short speeches by sev- eral others.
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To the residents of Erie county no detailed description of the mag- nificent structure in question is needed here. In its massive granite construction, its harmonious proportions, and the convenient arrange- ment of its various floors and apartments for the accommodation of the county and city business, it is nearly perfect, while its architectural beauty has made it known throughout the State.
Immediately following the completion of the City and County Hall a new stone jail was erected on the west side of Delaware avenue, Buffalo, opposite the City and County Hall. It is constructed of gray stone and cost about $200,000; it was built during the years 1877-78.
In the following brief notes upon the lives of many prominent mem- bers of the judiciary and the bar of Erie county, the impracticable task has not been attempted of giving adequate or merited biographies of the many deceased men of eminence in the profession ; such an attempt is precluded by lack of space. The list is intended merely as a record for reference, with such few words of comment upon the character. istics of the men as are permissible. Among them were men who would have been distinguished in any walk of life, who have left im- perishable records of honorable labor on the bench, or of brilliant suc- cess in the political field. It is clear from even these brief and imperfect records that the bench and bar of Erie county in far past years was of high character and composed of men of eminent qualities, great aver- age learning in their profession, and natural talents which enabled them to rise to lofty heights.
Comment is frequently heard, particularly from elderly persons, upon the general high character and ability of the members of the bar in early years, when compared with those of the present day. Such comparisons are, in fact, wholly unjust to the local bench and bar of these times. The legal profession as a whole, has steadily advanced in all essential respects-in character, in ability, in courtesy and in citizenship; the same is true of the medical profession and of men following other walks in life. Such improvement is the natural outcome of progressive civilization, and it would be deplorable were it otherwise.
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BIOGRAPHICAL.
It was in September, 1806, that the first lawyer made his appearance in Erie county. This was Ebenezer Walden, and he began his modest practice in a little office in what was then Willink avenne, between Seneca and Crow streets. He was for a
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year or two the only lawyer west of Batavia. He brought with him the following letter of introduction to Erastus Granger:
BATAVIA, September 28, 1806.
Dear Sir :- Permit me to recommend to your particular attention, Mr. Walden, the bearer of this-a young gentleman with whom I have long been acquainted-a correct scholar, liberally educated, an attorney in the Supreme Court, and a gentleman who will be quite an accession to your society at Buffalo Creek. He is a stranger in your country; any attention paid to him will be a favor done to your friend and Humble servant, D. B. BROWN.
ERASTUS GRANGER, Esq., Buffalo.
Mr. Walden more than upheld this very complimentary introduction. He imme. diately opened a law office and began practice. He purchased inner lots 12 and 13, the deed of which was dated in 1810, and subsequently purchased other lots, most of which he retained till late in his life and which formed the foundation of his large fortune. He was elected to the Legislature in 1812, and during the war re- mained on the frontier, his dwelling sharing the fiery fate of the remainder of the village. With the return of peace he resumed his law practice, in which he attained an honorable position. In 1823 he was appointed first judge of Erie county and dis- charged the duties of the office with fidelity. In 1828 he was chosen one of the presidential electors and voted for John Quincy Adams. In 1838 he was elected mayor of Buffalo, in which office he displayed good executive ability and the sound judgment for which he was noted. Judge Walden was married in 1812 and was father of several children. All through his long life, many years of which were passed during the early history of the village of Buffalo, he was honored and re- spected by the entire community. During the late years of his life he withdrew from activity and resided on his country farm, afterwards occupied by his widow and son. His death took place November 10, 1857, at the age of eighty years.
Heman B. Potter was one of the prominent early lawyers of Erie county and a leading citizen in other respects. He settled in Buffalo in 1810, after receiving a college education and studying his profession in the office of Elisha Williams, a celebrated lawyer of Hudson, N. Y. Mr. Potter at once opened an office, took a prominent part in organizing the Washington Benevolent Society, a Federal club, and the first Masonic lodge. He was appointed district attorney of Niagara county two years before Erie county was formed, and from 1819 to 1829 performed the duties of that office with marked success. That was all the political office he ever held, his political affiliations preventing his further election. He was a man of unimpeach- able integrity, great industry, and genial disposition. He soon acquired a practice that was large for those times and was more than ordinarily successful. In the sum- mer of 1825 he was in charge of the prosecution of the three Thayers for the murder of Love. The case rested upon circumstantial evidence, was prepared by Mr. Potter alone, and all three were found guilty and executed. In later years the late Chan- cellor Walworth, who presided as a circuit judge at the trial, said that he had never known a case so well prepared and tried. Mr. Potter was connected with the militia, from which he derived the title of General. He continued in active business until his death in 1854, and acquired a large fortune.
Jonas Harrison settled in Buffalo before the war of 1812 and continued in practice of his profession until 1820, when he removed to Louisiana. Little is known of his history, excepting that he was a good lawyer and a citizen of excellent repute; he
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was one of the original Buffalo Harbor Company and the records show that he was conspicuous in public affairs.
John Root, remembered by his familiar title, " Counselor," was one of the earliest lawyers in Buffalo, but retired from practice some years before his death in 1846. While Mr. Root was learned in the law, his advancement to a high position at the bar was, perhaps, made difficult through his general repute as a wag. Of his pro- pensity for joking, his ready wit and repartee many stories are told, which are more vividly remembered than his ability as an attorney.
Albert H. Tracy settled in Buffalo in 1815, when he was twenty-two years of age and had just been admitted to the bar. The reader of preceding chapters of this work has learned of the brilliant career of Mr. Tracy. He was a man of great nat- ural qualifications, to which was added a thorough legal education, eloquence as a public speaker, and a temperament that enabled him to win friends. He was elected to the 18th Congress, and twice re-elected, gaining almost a national reputation in that body. In 1826 he was appointed a circuit judge by Governor Clinton, but de- clined the office, and in 1829 was the candidate of the Anti-Masons for State senator and was elected. As a member of the Court for the Correction of Errors, then the highest judicial tribunal in the State, Mr. Tracy acquired deserved and enduring fame. He was re-elected in 1833, and at the expiration of his term retired from pub- lic life. In his large law practice he was a partner with James Sheldon, and with Thomas C. Love. He died in 1859.
James Sheldon was born in New Hartford, Oneida county, N. Y., received a classical education in Fairfield Seminary and studied law at Onondaga Hollow with Thaddeus Wood. He settled in Buffalo in 1815, where he continued in active and successful practice until 1832. He was at one period a partner with Albert H. Tracy and later with Charles G. Olmstead. He was particularly successful in criminal cases. He mingled little in politics or public affairs and never sought office of any kınd.
Charles G. Olmstead was the first district attorney of Niagara county, appointed in 1818, and up to about 1824 was in law partnership with James Sheldon, as before stated. At the time last mentioned he left Buffalo and went South.
Thomas C. Love was a prominent lawyer and citizen of his time in Erie county. He took prominent part in the war of 1812, shared in the memorable sortie at Fort Erie in September, 1814, and was wounded and taken prisoner. At the close of the war he was discharged, returned to Batavia, and soon afterward located in Buffalo. He was possessed of large intellectual powers and thoroughly learned his profession. He was appointed first judge in 1828 and resigned in 1829 to accept the office of dis- trict attorney, in which office he distinguished himself until 1834, when he was elected to Congress. In 1841 he was appointed surrogate of the county and held the office four years. In all of these stations he made an enviable record.
Ebenezer F. Norton was a prominent citizen and at one time was somewhat con- spicuous at the bar. He settled in Buffalo prior to 1820. 1n 1823 he was elected to the Assembly and devoted his energies to the promotion of the canal project. In 1828 he was elected to the 21st Congress and served in that body with honor. While distinguished for his legal learning he never gave paramount attention to practice and the later years of his life were passed in retirement.
William A. Moseley practiced fourteen years at the bar of Erie county, beginning
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in 1820 and retiring at the time of his election to the Assemply in 1834. He was highly endowed intellectually and a lawyer of fair ability, meeting with more than ordinary success. He was elected to the State Senate in 1838, thus becoming a member of the Court for the Correction of Errors, and in 1842 was elected to Con- gress and re-elected in 1844. While his career in these bodies was not brilliant, he left an honorable record for ability and integrity.
Roswell Chapin, the first surrogate of Erie county, discharged the duties of that office with credit for seven years. His legal attainments were above the average, but in his later years he was unfortunate; he left no family.
Samuel Wilkeson, who was appointed first judge in 1820, was a remarkable man in many ways, as the reader has already learned. A brief sketch of his life is given on an earlier page of this work.
Philander Bennett settled in Buffalo in 1817, after having graduated from Hamil- ton College and studied law. He was a man of good ability and he soon acquired . public confidence to such a degree that he was appointed first judge, and discharged the duties of his office with fidelity and credit. In his later life he retired from active duties, employing his time in horticulture, travel and study.
Stephen G. Austin, who setttled in Buffalo in 1820, was during one period a lead- ing member of the Erie county bar. By industry and fortunate investments he amassed a fortune. In his profession he was a careful and painstaking worker. At the time of his death in June, 1872, he was president of the National Savings Bank.
Oliver Forward's name has already appeared in earlier chapters of this volume as one of the leading pioneers. Although not a lawyer by profession, it is proper that his career should be briefly mentioned here, as he held the office of judge of the county. He located in Buffalo in 1809 and at first performed the duties of post- master and collector for his brother-in-law, Erastus Granger. At the village in- corporation he was made one of the trustees and in 1817 was appointed one of the judges of the county. When the the canal question began to assume great impor- tance to the citizens of the county, Judge Forward was chosen to represent their in- terests in the Assembly in 1819, and in 1820 was elected to the Senate. From that time until his death in April, 1833, he was conspicuous in local public affairs and died in the enjoyment of the respect of the whole community.
Charles Townsend was one of the early judges of Niagara county, and one of the most prominent of the pioneer business men of Buffalo. He settled in the county in 1811, participated in the struggles of the war of 1812 on the frontier, and received the appointment of judge of the Court of Common Pleas in 1817. In his judicial capacity his native good sense, fairness and impartiality enabled him to gain the ap- probation of the community. In later years he was conspicuously connected with the commercial interests of the port of Buffalo. His death took place in 1847.
Horatio Shumway, a successful attorney, settled in Buffalo in 1824. He had re- ceived a good education in his profession and soon reached the front rank of the local bar. The confidence reposed in him led to his acquirement of a large office business connected with estates and trusts. In 1846 he was persuaded to accept the nomina- tion of assemblyman and was elected; in that body he originated many beneficial public measures and won the commendation of his constituents.
Dyre Tillinghast located in Buffalo in 1826. In his chosen profession he promptly
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secured a very respectable position, and ere long had a large and diversified practice. His painstaking ability and his kindness of heart, which was manifested especially towards younger members of the bar, were proverbial. He was not ambitious for public applause, but was chosen to fill several positions of trust. At a meeting of the bar called to pay his memory a just tribute on March 19, 1862, his many excel- lent qualities were freely commended by leading lawyers and judges of the city.
Harry Slade was a graduate of Dartmouth College and after his admission to the bar settled in Buffalo in 1822. For nearly twenty years he served acceptably as a justice of the peace and represented Erie county in the Assembly in 1848. He was possessed of excellent natural and acquired qualifications, and might, had his am- bition prompted, have risen to higher positions. His integrity and uprightness were never questioned.
Joseph Clary, an early member of the county bar, was a man of excellent legal at- tainments and high character. He attained a very respectable position in his pro- fession and was chosen to fill many minor positions of trust before his election to the Assembly of 1834.
At the time of his death in 1885 Sheldon Smith was one of the oldest and most reputable practitioners in Western New York. He settled in Buffalo in 1820 and continued active practice until his early death at the age of forty-seven years. His power as an orator gave him prominence in the profession and would have greatly aided him in securing high political office had his ambition prompted him to seek it.
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