Our county and its people. A descriptive work on Jefferson County, New York, Part 20

Author: Emerson, Edgar C., ed
Publication date: 1898
Publisher: [Boston] Boston History Co.
Number of Pages: 1368

USA > New York > Jefferson County > Our county and its people. A descriptive work on Jefferson County, New York > Part 20

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Under the duke's laws this duty had been performed by the constables, overseers and justices of each town. In 1428 the governor was divested of all this power, except the appointment of surrogate, and it was con- ferred upon the judge of the court of Probate. Under the first consti- tution surrogates were appointed by the council of appointment, and under the second by the governor with the approval of the senate. The constitution of 1816 provided that the county judge should per- form the duties of surrogate in counties having less than 40,000 inhabi- tants. By the code of civil procedure, surrogates are clothed with all the necessary powers to carry out the equitable and incidental require. ments of their office. In its present form, and sitting weekly, this court affords a cheap and expeditious medium for the care and settle. ment 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 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 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 is purely the creature of the statute. The office is of little importance in the admin . istration of law, and with the loss of much of its old time power has lost much of its former dignity.

The organization of the courts in Jefferson county was accomplished with little difficulty, while much ceremony is said to have attended that important function. The act creating the county provided for two terms of the Common Pleas and General Sessions of the peace, the first to be held on the first Tuesday in June, and the second on the first Tuesday in December in each year. But so far as the records disclose there was no term of court held in the county previous to the second Tuesday in May, 1807, and then assembled in the old schoolhouse just south of Cowan's mills. While the records may have been imperfectly kept, or under the novelty of the situation, not kept at all, there was nevertheless a generous assemblage of lawyers at the new county seat almost as early as the creating act was announced, therefore when com - missioners Matthew Dorr, David Rogers and John Van Bentheusen came to locate the county buildings, they were beset by those worthy wights in the interest of favored localities, yet all the art and influence of Jacob Brown could not prevail upon the commissioners to designate 23

OUR COUNTY AND ITS PEOPLE.

either Brownville, or his other site north of the river in Pamelia. On the contrary the commissioners yielded to the persuasions of Henry Coffeen and his associates and the result was that the little hamlet of Watertown secured the coveted designation. The subject of county buildings, however, is so fully treated in a preceding chapter that not more than a passing allusion to it is necessary in this place.

The first officers who were connected with the adminstration of law in the county were Augustus Sacket, first judge; Joshua Bealls and Perley Keyes, judges: Thomas White, Lyman Ellis and William Hun- ter. assistant justices: Henry Coffeen, county clerk: Abel Sherman. sheriff: Benjamin Skinner, surrogate.

The first term of the Supreme court for this county was held June 11. 1×0 ;. by presiding justice Smith Thompson : Augustus Sacket, Thomas White, judges, and Lyman Ellis, assistant justice. So long as this court was in existence under the first constitution Jefferson county furnished no presiding justice. Under the second constitution the office known as circuit judge (see preceding page) was created. The first and only incumbent of the office under its then existing character, and a resident of this county, was Isaac H. Bronson, appointed April 18, 1838.

Isaac H. Bronson was the son of Ethel Bronson, and was born in Rutland. He studied law with Micah Sterling, his brother in law, was admitted to practice in 1523, and soon became partner with his former instructor, under the firm name of Sterling & Bronson. concededly one of the strongest law firms in this part of the state. In 1836 he was elected to congress and Mr. Sterling to the state senate, thus the firm dissolved. As judge on the bench and lawyer at the bar of the court, Mr. Bronson was regarded as one of the foremost legists of his time. In 1840 Judge Bronson was appointed associate judge of the United States court for the eastern district of Florida.

To the bench of the Supreme court the county has furnished several incumbents-Frederick W. Hubbard, Joseph Mullin, Milton H. Mer- win and Pardon C. Williams, in the order named. Of each of these we may also make brief mention.

Frederick W. Hubbard was the son of Noadiah Hubbard, the pioneer of Champion, and was a native of that town. He studied law with Lansing & Sherman, and came to the bar in 1838. He is remembered as a lawyer of ability and a man of great moral worth, and his eleva- tion to the bench was a just tribute to his attainments and character.

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Ile began his duties as justice of the Supreme court, January 1, 1852, served eight years and was then succeeded by Judge Mullin. He re- turned to the practice, but a short time before his death removed to New York.

Joseph Mullin was a native of Ireland, born in September, 1811, and came to Jefferson county with his parents when he was a child, settling in Brownville. He attended the common sehools and for a time worked in a printing office, but later on was educated in the academy at Belle- ville, where he prepared for college. After graduation he taught school several years, then read law in the office of Sterling & Bronson, and was admitted to practice in 1834. He at once took rank with the ab'est younger members of the county bar, but soon rose to a standing of commanding influence in the profession in northern New York. He practiced alone until 1845, when John P. Brown, a former student in his office, became his partner, a relation which was maintained until 1817, when Mr. Brown died. In the fall following, Lawrence J. Good- ale became his partner, continued five years, and was succeeded by Milton H. Merwin. In the fall of 1859 Mr. Mullin was elected justice of the Supreme court, was re-elected in 1867, and again in 1875. Hav- ing attained his seventieth year, Judge Mullin was retired from the bench, December 31, 1881, having served long and faithfully in public office, and enjoying the admiration and esteem of the profession through- out the state. As the civil list shows, he was district attorney in 1813 45, and in congress in 1841 19. He died at Saratoga in June, 1882, but his home was at Watertown, where his remains lie buried. In January, 1864, Judge Mullin was ex-officio a member of the court of Appeals.

Milton H. Merwin, whose long and honorable professional career has in part been made as a resident of Utica, was formerly a lawyer at the Jefferson county bar. He was admitted to practice in 1854, and soon rose to prominence in the profession. He was first appointed justice of the Supreme court, vice Doolittle, deceased, and was elected to the office Nov. 8, 1871. Hle afterward removed to Oneida county where he still resides. Judge Merwin was elected special surrogate of Jeffer. son county in November, 1854, and surrogate in November, 1859.

Charles Mason, late of Hamilton, is also to be mentioned in the same connection. He came to the county bar in 1835, was a lawyer of abil- ity and practiced with success, but soon removed to other fields and was elected to the Supreme bench as his reward.

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Pardon C. Williams, present associate justice of appellate division of the Supreme court (Ist department), was born in Ellisburgh, July 12, 1842, and is the son of William Williams, a farmer of that town. He was educated at Belleville academy, Clinton liberal institute, and St. Lawrence university. In the spring of 1862 he began a course of law study in the office of Hammond & Bigelow, and was admitted to the bar at the Jefferson county general term in October, 1863. He at once began practice at the county seat, and was recognized as a leader among the younger members of the local bar. In November, 1868, he was elected district attorney, and was re-elected at the end of his first term, serving in all six years. He then returned to the general practice and for several years was one of the law firm of McCartin & Williams. On November 6, 1883, he was elected justice of the Supreme court for the fifth judicial district. In January, 1896, Judge Williams was appointed associate justice of the appellate division of the Supreme court.

Dennis O'Brien, the only member of the Jefferson county bar elected by the people to the bench of the court of Appeals of the state, is a native of Ogdensburgh, born March 13, 1832. He read law in the office of Meyers & Magone, and was admitted to practice in May, 1861. In the fall of that year he came to live at Watertown, at once began practice, forming an extensive and favorable acquaintance throughout the county, particularly in democratic circles, where he was regarded as leader. In 1880 he was elected a member of the democratic state committee, and served four years with that body. In 1883 he was the democratic nominee for the attorney generalship, and was elected at the polls in November following; and was re-elected at the end of his first term. In 1889 Mr. O'Brien was nominated by the state convention of his party as its candidate for the court of Appeals bench, the highest judicial body of the state, and at the polls in November following he was elected. Whether as lawyer, attorney-general, or as judge, Mr. O'Brien has always occupied a high position in the profession in the state, and throughout the wide circle of his acquaintance his social and mental qualities are greatly esteemed and admired.

In the same manner we may recall and mention briefly the old Com- mon Pleas judges.

Augustus Sacket was first in the succession, appointed in 1806, and served until 1810. Judge Sacket was not learned in the law, yet at the first term of court held in the county he was one of the several persons admitted to practice law if so inclined. But Judge Sacket was possessed

Pardon C. Allianz.

THE NE PUBLIC LI

ASFOR. TILDEN -.

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of a good fund of common sense, excellent judgment, and as one of the pioneers of western Hounsfield did much to build up the settlement at Saekets Harbor, which was so named for him. He built there the first saw mill, and was otherwise identified with events of early history.

Moss Kent was appointed to the first judgeship in 1810, and served until succeeded by Abel Cole in 1818. Judge Kent was brother to Chief Justice James Kent, and first settled in Champion in this county, where some of the family were pioneers. He soon afterward removed to Le Ray and was agent for the Le Ray proprietary for many years. lle was a prominent figure in early county politics, was in congress in 1813-15, and again in 1815-14, the thirteenth and fourteen sessions. He was admitted to the bar at the first court held in the county.

Abel Cole, who followed Judge Kent on the Common Pleas bench, was not a lawyer, yet if all recollections of him be true he was a man of strong character and one whose influence was for good in his town of Rodman, and wherever known in the county. Ile was not a promi- nent figure in county or local politics, but served one year as supervisor of his town.

Egbert Ten Eyek was perhaps the most prominent of the Common Pleas judges, and was, withal, one of the most distinguished members of the old bar of the county; and was honored with more frequent ap- pointment and election to positions of responsibility and trust than any of his associates at the bar. He came from the cast, a graduate of Williams, and read law at Albany. Ile was admitted to practice in Jefferson county at the first term of court. His first residence was in Champion, to which place he was attracted about 1800 undoubtedly through the belief that the hamlet there would be the seat of justice of the new county then under consideration. The civil list, in another chapter will show the several positions to which Mr. Ten Eyck was chosen by the electors of the county, hence they need not be repeated here. In later years he removed to Watertown, where he died in 1811.

Calvin MeKnight, fifth in the succession of first judges of the Com- mon Pleas, was not a lawyer, and while his rulings on the bench were occasionally surprising to the bar, his action was always so evidently sincere that he was seldom adversly criticised. Judge MeKnight was an unassuming, self-respecting man, firm in whatever he undertook, possessed an irreproachable character, hence he was much respected in the county. He lived at Watertown. He was twice elected to the assembly.

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Thomas C. Chittenden was an early settler in Adams, was admitted to the bar in 1>13, and active in professional life until his death, in 1868. lle was appointed first judge in 1840, served five years, and soon after entering his judicial office, removed to the county seat. He was one of the graceful speakers of the bar, possessed a fine presence, and was popular throughout the county; was elected to congress in in 1838, and served two terms.

Calvin Skinner was the last of the old Common Pleas judges, and was appointed to office in 1$45, serving two years. He lived at Adams, read law with Judge Chittenden, and was admitted to practice in 1826. He was also master in chancery and held several other minor offices. During the long period of his professional life, Judge Skinner lived at Adams, where, as well as throughout the county, he was regarded as a strong lawyer and upright man. His practice was general, but he ex- celled in matters pertaining to the chancery courts.

Robert Lansing, the first elected county judge under the constitution of 1×46, and one of the most prominent lawyers of the county during the long period of his professional career, was a native of Albany, born in 1:99. He entered Union college but was not graduated, after which. in 1516. he came to Watertown and read law in the office of Egbert Ten Eyck, and was admitted to practice in 1820. He then entered upon a long and entirely successful professional and political career; was one of the distinguished lawyers and fluent and logical advocates of the old bar. In county politics he held the offices of district attorney, county judge and state senator, filling each position with marked abil- ity. The civil list will show the offices held, and the period of his ser- vices, but as one of the leading law firm ot Lansing & Sherman his best professional record was made. Judge Lansing died October 3, 1×6>, at the advanced age of nearly $0 years.

William C. Thompson was elected county judge in the fall of 1551, and served two consecutive terms on the bench. He was another of the town of Adams' worthy contributions to the prominent early bar. having been admitted and began practice in 1839 He was a democrat in polities and defeated Joseph Mullin for the judgeship. After his election. Judge Thompson removed to the county seat, where he died in 15:5. His wife was the daughter of Judge Chittenden.

Charles D. Wright, one of the few surviving members of the old bar, and who still lives at the county seat, was admitted to practice in 1>39, and was elected county judge in 1859. He was re-elected at the end

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of his term. Judge Wright was the step-son of Bernard Bagley, the latter in many respects one of the best lawyers of the county. After admission he became a partner with Mr. Bagley, and thus was estab- lished one of the strongest law firms in northern New York. Mr. Bagley's great strength was in the trial of causes in court, while Judge Wright had charge of their preparation in the office. Indeed, as a safe counsellor and office lawyer Judge Wright stood in the county almost without a peer. He is now retired from active professional work.

Azariah H. Sawyer, who was elected county judge in 1861, and served thereafter on the bench for two terms, and who is still in active professional life at Watertown, was a native of Potsdam, the son of Rev. George Sawyer, a clergyman of the M. E. church. Judge Sawyer was admitted to practice at a term of court held at Watertown in April, 1852, and soon afterward formed a partnership with James F. Starbuck, who was one of the examining committee. The firm relation was maintained for twenty-three years, until Mr. Starbuck's death, in 1880. Since that time Judge Sawyer has practiced without a partner.

Charles 11. Walts, fifth in the succession of county judges, was a native of Pamelia, born in 1839, and educated in the common schools and Jefferson county institute. He studied law in the office of Clark & Calvin, attended Albany law school, and was admitted to practice in 1861. He opened an office in Theresa but soon removed to Watertown and formed a partnership with F. W. Hubbard, and still later with W. F. Porter. Mr. Walts was elected county judge in 18tt, and re-elected in 1883. At the expiration of his second term the law firm of Porter, Walts & Porter was formed, but now dissolved. Judge Walts practices without a partner.

John C. McCartin was born in Alexandria in 1840, and in that town acquired his elementary education. He then came to Watertown and read law in the office of E. B. Wynn, and was admitted to the bar in 1860 or 1861. He soon became managing clerk in the office of Brown & Beach, but early in the war enlisted and was commissioned Ist lieu. tenant, 14th N. Y. heavy artillery. On returning from the service he resumed practice but afterward formed a partnership with Judge Wil- liams, a relation which was maintained to the time of his death, July 2, 1892. Mr. McCartin was elected county judge in November, 1889, and served in office a little more than two years. His election to this office was the first success of a democratic nominee for the position in a period of more than thirty years.

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Henry Purcell was appointed county judge in 1892, to fill the vacancy occasioned by the death of Judge McCartin. He was born in Wilna in 1848; was educated at Watertown, and also in the academy at Antwerp. In 1812 he was elected county school commissioner in the second dis- trict, and served three years. During this time he read law under the direction of Mr. McCartin, and was admitted to the bar in 1876. In 1849 he formed a partnership with the late Charles A. Sherman, a rela- tion which was maintained until the death of the latter. In 1881 Judge Purcell was elected recorder of the city of Watertown, and served four years; was city attorney two years, and for several years member of the city board of education.

Edgar C. Emerson, present county judge, is a native of Brown- ville, the son of Alfred and Margery (Luther) Emerson, descendants from Puritan ancestors. Edgar was educated in the common schools, and when about nineteen years old began reading law at home. In 1st0 he attended Albany law school, was graduated in 18;1, and then continued his studies in the office of Dennis O'Brien at Watertown. He began practice in 1816, partner with Mr. O'Brien, under the style of O'Brien & Emerson, a firm well known throughout the county until 1889, when the senior partner was elected attorney-general of the state. In 18;8 Mr. Emerson was city attorney; was elected district attorney in 1880, and again in 1583, and in November, 1892, was elected county judge.

Reminiscences of the Old Bar .- The bar of Jefferson county has ever been noted for its strength. On the bench and at the bar of her courts have been men of marked ability and great moral worth; men of force ; men of character; men whose social and mental qualities have made them famous, and have gained for them a high standing in the leg- islative halls both of the state and the nation-many of whom have attained distinction and some of them eminence; men whose influence has been so salutary and pervading that the whole bar seems to have caught something of its spirit and maintained such a freedom from all unworthy methods as can be found in very few communities. It is indeed difficult to separate the few from the many and exalt them above their fellows, yet in writing of the old bar we may properly recall those whose lives and character, abilities and power, naturally marked them as leaders in the ranks of the profession in their time. In preceding paragraphs the attempt has been made to mention in a general way some of the prominent characteristics of those of the

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profession who attained positions on the bench, in view of which it is also appropriate that a brief mention be made of the laity of the pro- fession, whose energies and power were devoted to the ardnous labors of trial of cases in court, to safe and prudent counsel in the office, or who perhaps having political ambition gratified at the polls, became prominent in the civil history of the county.

The court records show that on December 11, 1805, the attorney's oath of office was taken by Augustus Sacket, Moses Kent, Samuel C. Kannady, Benjamin Skinner and Egbert Ten Eyck, who were the pioneers of the profession in the county. Of three of them mention has been made on previous pages, but of the others we may note briefly.

Samuel C. Kannady successfully combined the elements of lawyer, surveyor, land agent and " side judge." His chief occupation was land agent, representing the Le Ray proprietary, while his other adjuncts of business life were fortunate factors in his favor. He is remembered as an upright man, a good lawyer, and useful citizen. Benjamin Skin- ner was the first surrogate of the county, and also held the office of county clerk several years. He, too, was a good lawyer, and a man much respected in the county.

Elisha Camp was surrogate from 1813 to 1815, and a lawyer having an extensive practice. He lived at Sackets Harbor, where he engaged in other pursuits than the law and gradually drifted from the ranks of the profession. Thomas Skinner was one of the early lawyers, and was senior member of the law firm of Skinner & Sterling, which stood prom- inent in the annals of the old bar. Samuel Whittlesey was admitted to the bar of the county in 1802, and was a lawyer of much promise, whose abilities we e not only recognized but honored with places of trust, but he yielded to temptation, fell, and was disgraced.

Amos Benedict settled and began the practice of law at Watertown in 180%. He was a graduate of Yale, a young man of great promise, but in 1814 death cut short his career. Henry R. Storrs was one of the proprietors of Champion, and was better known as Colonel Storrs, but while he practiced law for a time, he was more engaged in dispos- ing of his land, and soon afterward left the county. He was judge of Oneida county, from 1825 to 1830, and was in congress from 1816 to to 1821. Lyman Munson, as the civil list shows, was surrogate four years, enjoyed a fair practice, but soon left the bar. Ela Collins lived for a time at Watertown, and is recalled as a strong lawyer, but he after

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ward removed to Lowville, where he gained distinction in the profession, and was honored with a seat in congress.

Micah Sterling was one of the giants of the profession in the county in early times. He located first at Adams, but on admission to the Com . mon Pleas, in 1808 or 1811, removed to the county seat, where he after- ward practiced, and where he was identified with the growth of the village in many ways. He was a graduate of Vale (1804), and came to the county well equipped for professional work. His bearing and deportment were always dignified, his oratory clear and pleasing, and his reasoning logical and strong, hence his high standing in the pro- fession, in the senate, and in congress. His partnership with Isaac H. Bronson began in 1823, and continued to 1840. The firm of Sterling & Bronson was regarded as one of the strongest in this county, and its fame was known throughout the region. Mr. Sterling died April 11, 1844.

David W. Bueklin was another of the eminent lawyers of the county. He came to the bar in 1811, and soon attained a position of distin- guished prominence. Ile was especially strong before a jury, a shrewd cross examiner, and one who seldom failed to draw out the evidence most in his favor. His was a wonderful and powerful mind, while his whole manner and address marked him a lawyer of the best type in every way. He was district attorney from 1821 to 1826, but otherwise was not prominent in county politics except as a public speaker ; but on the "stump" he was a power. He was in the senate in 1836-39, where his oratory, wit and sarcasm made him famous, but after his term expired he soon went to New York, where he died.

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Our county and its people. A descriptive work on Jefferson County, New York, Part 20

Author: Emerson, Edgar C., ed Publication date: 1898 Publisher: [Boston] Boston History Co. Number of Pages: 1368

Author: Emerson, Edgar C., ed
Publication date: 1898
Publisher: [Boston] Boston History Co.
Number of Pages: 1368