USA > New York > Genesee County > Our county and its people : a descriptive and biographical record of Genesee County, New York, v. 1 > Part 36
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thousand dollars, was erected on West Main street, during the pastorate of the Rev. Sandford Hunt, D. D. The corner stone was laid June 30, 1868, by the Rev. E. E. Chambers, then presiding elder, and the build- ing was dedicated September 14, 1869. Those who have served the society as pastor, in addition to the early circuit preachers mentioned, are:
1822-1841, Revs. John Arnold, Asa Orcutt, John Beggarly, Andrew Prindel, J. B. Roach, Benajah Williams, Jonathan Heustis, Asa Abell, John Cosart, Ira Bronson, Micah Seager, Glenzen Fillmore, Chester V. Adgate, S. W. D. Chase, Levi B. Cas- tle, John H. Wallace, Gideon Lanning, Richard L. Waite, John B. Alverson, Will- iam Fowler, G. B. Benedict, Daniel M. Murphy, Wesley Cochran, Darius Williams, D. Nutter; 1841-1970, Allen Steele, Philo E. Brown, Joseph Cross, John Parker, William R. Babcock, Daniel C. Houghton, Philo Woodworth. J. K. Cheeseman, William M. Ferguson, Charles Shelling, E. Everett Chambers, James M. Fuller, John B. Wentworth, De Forest Parsons. King David Nettleton, Joseph H. Knowles, George G. Lyon, Schuyler Seager, Charles R. Pomeroy, Sandford Hunt; 1870-1571, Sandford Hunt, D. D. ; 1871-1923, R. C. Brownlee; 1878-1816. James E. Bills; 1876- 1878, A. D. Wilbor: 1875-1981, T. HI. Youngman; 1881-1982, O. S. Chamberlain ; 1882-1885, John W. Sanborn; 1885-1888. C. W. Winchester; 1888-1891, S. W. Lloyd ; Jan. 1, 1892, to Oct. 1, 1892, C. W. Cushing, D. D. (appointed as supply to fill un- expired year of S. W. Lloyd, who resigned Jan. 1, 1892, on account of illness): 1892- 1893, A. F. Colburn, 1893-1598, Thomas Cardus; 1898, A. F. Colburn.
The early history of St. James's Protestant Episcopal church has been given in detail in earlier pages in this chapter. The first house of worship, a brick structure, was consecrated by Bishop Hobart Sep- tember 22, 1826. The second church, which is still in use, was erected, of stone, in 1835 and 1836, and during these years the main part of the old rectory was also built. David E. Evans, then agent for the Hol- land Land Company, donated the lot on which the church stands, be- sides presenting to the society a chandelier and the sum of fifteen hun- dred dollars. Trinity church of New York also gave one thousand dollars toward defraying the building expenses.
The Revs. Samuel Johnston and Lewis S. Ives conducted services from the organization of the parish until 1823. Since that year the rectors of St. James have been as follows:
Rev. Lucius Smith, 1828-33; Rev. James A. Bolles, D. D., 1533-54; Rev. Thomas A. Tyler. D. D., 1954-62; Rev. Morelle Fowler, 1863-68; Rt. Rev. C. F. Robertson, bishop of Missouri, a few months during isis; Rev. George F. Plummer, 1868-75; Rev. George S. Baker, 1825-77: Rev. H. L. Everest, 1878-82; Rev. William A. Hitcheoek, D. D., 1843-57: Rev. A. M. Sherman, 1887-98.
The First Baptist church of Batavia was organized under the State
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laws at the court house November 9, 1835, as the "Baptist Society of Batavia Village." On that occasion Richard Coville, jr , John Dor- man, William Blossom, William D. Popple and Calvin Foster were elected trustees. March 16, 1836, a lot on the west side of Jackson street was purchased of William D. Popple for $100 and work upon a house of worship was begun soon after. About 1865 the church was remodeled at a cost of ten thousand dollars. In 1867 the society was reorganized and incorporated under its present name. December 3, 1833, the board of trustees decided to purchase a site for a new edifice. A week later they purchased of Mrs. Mary L. Douglass, for four thou- sand five hundred dollars, the lot on East Main street on which the present handsome church stands. The corner stone of the new struc- ture was laid June 11, 1890, by the Rev. Cyrus A Johnson, then pastor of the society. The completed edifice, which cost about forty thousand dollars aside from the organ, which cost about five thousand dollars, was dedicated October 22, 1891. the dedicatory sermon being preached by the Rev. J. A. W. Stewart, D. D , of Rochester. During the ded- icatory services the sum of seven thousand dollars was contributed to liquidate the indebtedness incurred by the society in constructing its new home. The pastors of this church, with the date of the commence- ment of their work, have been :
1834, Ichabod Clark ; 1837, William W. Smith; 1840, L. A. Esta; 1844, Gibbon Will- iams: 1945, S. M. Stimpson; 1852. D. Harrington; 1855, J. B. Vrooman ; 1859, L. J. Huntley; 1861, S. M. Stimpson ; 1865. O. E. Mallory ; 1975, D. D. Brown ; 1877, Will- iam C. Leonard; 1882, Cyrus A. Johnson ; 1898, John H. Mason.
Though the Catholic congregation in Batavia was not placed under the care of a regular pastor until 1849, services had then been held in the village for several years. As early as 1840 the Rev. Father Gan- non began to make visits to the few Catholic families then residing here, and conducted services as frequently as his duties elsewhere per- mitted. At that time there probably were not more than a dozen or fifteen adherents of the Catholic faith in Batavia and its immediate vicinity. Father Gannon continued his ministrations for a period of about three years. Then, from 1843 to 1847, the Rev. Bernard O'Reilly, subsequently bishop of Hartford, Conn., and his brother, the Rev. William O'Reilly, both of whom were stationed at Rochester during those years, conducted services here alternately. Sometimes the small but increasing congregation would gather for worship at the home of Edward O'Connor, and sometimes at the residence of James
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Ronan. About 1845 the numerical increase of the congregation had became such that private residences were too small to accommodate them. Learning of this condition of affairs, Messrs Otis and Worth- ington tendered the society, free of charge, the use of a large room on the second floor of the building occupied by Gad B. Worthington as a hardware store.
In 1848 the Rev. Thomas MCEvoy was appointed to succeed the Rev. Fathers O'Reilly in charge of the congregation, which a short time before had been established as a mission. He served in this capacity until April 4, 1849, when, an independent congregation hav- ing been formed, the Rev. Edward Dillon was appointed resident priest by the Rt. Rev. John Timon, the first bishop of the newly or- ganized diocese of Buffalo. On the following Sunday, April 8-Easter Sunday-the new priest conducted services for a congregation of about seventy five Catholics in the old brick school house located on the corner of Main and Eagle streets. Prior to this time the subject of a house of worship had been discussed by members of the steadily increasing congregation, and now, upon the permanent location of a resident pastor, the members of the society went to work to build up a fund to pay for the erection of a church. About a month after Father Dillon had been installed as pastor, Bishop Timon visited Batavia and lectured in a hall near the Eagle Tavern (now Hotel Richmond). In- terest in the project for a church edifice was at once greatly enhanced, and within a few days the congregation purchased of Benjamin Prin- gle, for twelve hundred dollars, a two-story stone dwelling on Jackson street, which had been erected for a private school. After the neces- sary alterations thereto had been made, regular services therein were inaugurated and continued there for several years. Upon the comple- tion of the new church this building was used for St. Joseph's parochial school.
Father Dillon resigned his pastorate in November, 1850, and was succeeded by the Rev. Thomas Fitzgerald. The latter was succeeded September 5, 1852, by the Rev. Francis ('Farrell. December 10, 1855, the latter was appointed vicar-general of the diocese of Buffalo, and rector of St. Joseph's cathedral in the city of Buffalo. The Rev. Peter Brown was appointed to succeed him. The latter resigned Sep tember 25, 1856. The Rev. James McGlew, who followed him, was succeeded December 10, 1860, by the Rev. Thomas Cunningham, with the Rev. John Castaldi as his assistant. September 15, 1862, Father
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Cunningham purchased the lot on the northeast corner of East Main and Summit streets, from Lawrence Timmons, for two thousand five hundred dollars, and soon after began the erection thereon of the present handsome and commodious church, which was dedicated to the worship of God in 1864. This edifice, built of brick, cost about forty- five thousand dollars. A convent was also erected on Jackson street in 1862.
Father Cunningham served as pastor of St. Joseph's for nearly thir- teen years, being succeeded by the Rev. P. A. Maloy August 23, 1873. After serving exactly one year Father Maloy retired, and was followed by the Rev. Martin McDonnell. At the time of the latter's resigna- tion in April. 1880, his charge numbered about two thousand two hun- dred persons, and a mission had been established at Attica. In January, 1882, the Rev. James McManus became priest in charge of the con- gregation. His continued illness prevented him from the performance of his duties, and the Rev. Father Walsh, his assistant, conducted ser- vices and performed the other pastoral work. Father McManus died in Batavia, at the age of forty years. In February, 1882, the Rev. T. B. Brougham was appointed to take charge of the congregation, and still serves as pastor. During his first year in Batavia the old convent on Jackson street was sold and the present convent and parochial school on Summit street, north of and adjoining the church, were erected. The Convent of Mercy, a brick structure, is a convent for novices, who go there from all parts of this diocese. During the pas- torate of Father Brougham the parish of St. Joseph's has experienced great prosperity, both spiritual and temporal, and is recognized to-day as one of the strongest Catholic parishes in the diocese. Not only have the new convent and school been erected during his pastorate, but he acquired a large lot east of the church, as a site for a pastoral residence, erected in 1892. The church has also been renovated and repaired, making it one of the handsomest structures in the State.
The Evangelical Association of Batavia was organized in 1862 by M. Pfitizinger and Adolph Miller. The Rev. Jacob Seigrist was the first pastor of the society In the same year the first house of worship, a frame structure, was erected. The present church edifice, of brick, was constructed in 18:1 at a cost of six thousand dollars. It is located on Centre street. The society is small numerically.
St. Paul's German United Evangelical church was founded April 20, 1873, by the organization of a society with these officers: President,
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John Friedley; treasurer, Martin Wolfley; secretary, Louis Uebele. The Rev. George Field was the first pastor, and the first house of wor- ship was located on Ellicott street. A new church, located on Liberty street, was erected in 1898, the dedication taking place during the pas- torate of the Rev. E. F. Holls December 4 of that year.
The First Freewill Baptist church of Batavia was organized with about twenty-five members January 17, 1886. September 28, 1884, the Rev. J. H. Durkee opened a meeting in Odd Fellows hall, which was attended by several adherents of this denomination. The meetings thus inaug- urated were continued in Odd Fellows hall and in Lorish's hall until the organization of the society. The members of the organization council were the Revs J. H. Durkee, L. P. Bickford, J. C. Steele, D. M. L. Rollin, and R. E. Nesbit. The church edifice on Bank street, a com . modious frame building, was completed early in the summer of 1887, and dedicated June 21 of that year. Its cost was about ten thousand dollars. Mr. Durkee remained as pastor until 1898, when he resigned. The society is now without a pastor.
A chapel on Ellicott street in Batavia was opened by the newly formed Free Methodist society March 2, 1893. The first pastor of the society, who conducted services on that occasion, was the Rev. M. T. Marriott.
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CHAPTER XVII.
BENCH AND BAR OF GENESEE COUNTY.
While the judicial system of the State of New York is to a large ex- tent founded upon the common law of England, there are important differences which are revealed by a study of the laws of our country. showing that the American system, in many respects, is an original growth. In the simple, yet initiative manner of entitling a criminal process, for example, there is a radical difference between the American method and that which must be followed in England. Here it is "the People versus the criminal," while in England it is " Rex versus the criminal." In the one it is a judiciary directly responsible to the peo. ple; in the other it is a judiciary responsible to a monarch. This prin- ciple of the sovereignty of the people over the laws, as well as their dominance in other governmental matters, has had a slow, conservative, yet steadily progressive and systematic growth.
In the colonial history of this State the Governor was in effect the maker, interpreter and enforcer of the laws. He was the chief judge in the court of final resort, while his councillors generally were his obedi- ent followers. The execution of the English and colonial statutes rested with him, as did also the exercise of royal authority in the province. It was not until the Revolution that he ceased to contend for these pre- rogatives and to act as though the only functions of the court and coun- cillors were to do his bidding as servants and helpers, while the Leg- islature should adopt only such laws as the executive should suggest or approve.
By the first constitution the Governor was deprived of the judicial power which he possessed under colonial rule, and such power was vested in the Lieutenant Governor and the State Senate, the chancellor and the justices of the Supreme Court; the former to be elected by the people, and the latter to be appointed by the Council. Under this con- stitution there was the first radical separation of the judicial and the legislative powers, and the advancement of the judiciary to the position of a co-ordinate department of the government, subject to the limitation
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consequent upon the appointment of its members by the Council. This court, called the " Court for the Trial of Impeachments and Correction of Errors," was continued by the second constitution, which was adopted in 1821.
It was not until the adoption of the constitution of 1846 that the last connection between the purely political and the judicial parts of the State government was abolished. From this time on the judiciary be- came more directly representative of the people by reason of the elec. tion by them of its members. The development of the idea of the re- sponsibility of the courts to the people, from the time when all of the members were at the beck and nod of one well nigh irresponsible mas- ter, to the time when all judges, even of the court of last resort, are voted for by the people, has been very great. Through all this change there has prevailed the idea of having one ultimate tribunal from whose decisions there can be no appeal.
Noting briefly the present arrangement and powers of the courts of this State and the elements from which they have grown, it is seen that the plan is, first, a trial before a judge and jury -- arbiters of law and fact respectively; second, a review by a higher tribunal of the facts and the law; third, a review of the law alone by a court of last re- sort. To accomplish these purposes there was devised and established, first and highest, our present Court of Appeals, perfected by the con- ventions of 1861, 1868 and 1894, and ratified by vote of the people in 1869 and 1894, and taking the place of the ancient "Court for the Trial of Impeachments and Correction of Errors " to the extent of cor- recting errors of law.
As originally organized under the constitution of 1846, the Court of Appeals was composed of eight judges, four of whom were elected by the people and the remainder taken from the justices of the Supreme Court having the shortest remaining time to serve. As organized in 1870, the court consisted of the chief judge and six associate judges, to hold office for a term of fourteen years from and including the first day of January succeeding their election. The court exists to-day as then organized. It is continually in session in the capitol at Albany, with an annual June session in the Town Hall at Saratoga Springs, except as it takes recess from time to time on its own motion. It has full power to correct or reverse the decisions of all inferior courts, when properly brought before it for review. Its decisions are final and abso- lute. Five judges constitute a quorum, and four must concur to ren-
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der judgment. If four do not agree, the case must be reargued ; but no more than two rehearings can be had, and if four judges do not then concur, the judgment of the court below stands affirmed.
The State Legislature has provided by statute what, how and when proceedings and decisions of inferior tribunals may be reviewed in the Court of Appeals, and may, in its discretion, alter and amend the same. Upon the reorganization of this court in 1869 its work was far in arrears, and a Commission of Appeals to aid the Court of Appeals was provided for by the constitutional amendment adopted that year. In 18SS the Legislature adopted a concurrent resolution that Section 6 of Article 6 of the constitution be so amended that upon the certificate 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 interest required a more speedy disposition thereof, the governor might desig- nate seven justices of the Supreme Court to act as associate justices of the Court of Appeals for the time being, these constituting a second division of that court, to be dissolved by the governor when the neces- sity for their services ceased to exist. This amendment was ratified at the succeeding State election, and in accordance therewith the gover- nor selected the seven Supreme Court justices, the new division was organized, and began its labors March 5, 1889. Its work having become completed this division was dissolved in October, 1892.
Second in rank to the Court of Appeals stands the Supreme Court, which is constituted of several different elements. This court was originally created by act of the Colonial Legislature May 6, 1691, and finally was fully established by ordinance of the Governor and Council May 15, 1699. It at first was empowered to try all issues to the same extent as the English Courts of King's Bench, Common Pieas and Ex- chequer, except that it did not have equity powers. It had jurisdiction in actions involving the sum of one hundred dollars or more, and could revise and correct decisions of inferior courts. An appeal from its de- cisions could be taken to the Governor and Council. There originally were five judges, who made annual circuits of the counties, under a commission naming them, issued by the governor, and giving them nisi prius, oyer and terminer and jail delivery powers. Under the first constitution this court was reorganized, the judges being theu named by the Council of Appointment. All proceedings were directed to be entitled in the name of the people, instead of in the name of the king.
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The constitution of 1821 made numerous and important changes in the character and methods of this court. The number of the judges was reduced to three, who were to be appointed by the Governor, sub- ject to confirmation by the Senate, to hold office during good behavior or until having attained the age of sixty years. They were removable by the Legislature when a majority of the Senate and two- thirds of the Assembly so voted. Four times every year this court sat in review of their decisions upon questions of law.
By the constitution of 1846 the Supreme Court as it then existed was abolished and a new court of the same name, having general jurisdic- tion in law and equity, was established. This court was divided into General Terms, Circuits, Special Terms, and Courts of Oyer and Term- iner. It was composed of thirty-three justices, to be elected by the people. The State was divided into eight judicial districts. In the first of these five of the judges were to reside, while each of the other seven districts furnished four judges. By the judiciary act of 1847, General Terms were to be held once in each year in counties possessing more than 40,000 inhabitants each, and in other counties as often as once in two years. At least two Special Terms and two Circuit Courts were to be held annually in every county excepting Hamilton, the pop- ulation of which was, and still is, inconsiderable. The court was also authorized by this act to name the time and place of holding its terms and those of Oyer and Terminer. The latter was to be held by a jus- tice of the Supreme Court and two justices of sessions. From 1852 to to the adoption of the constitution of 1894 the Courts of Over and Terminer were held by a single justice of the Supreme Court.
One of the old courts, the powers of which have been vested in the Supreme Court, was the Court of Chancery. This court was a relie of the old colonial period. It had its origin in the Court of Assizes, the latter being invested with equity powers under the duke's laws. The court was established in 1683. The Governor, or such person as he should designate, was chancellor, assisted by the Council. In 1698 this court ceased to exist by limitation ; but it was revived in 1701, again suspended in 1203, and re-established the following year. At first this court was unpopular in the Province of New York, the Assemby and the colonists opposing it with the argument that the crown had no authority to establish an equity court in the colony, and they were doubtful of the propriety of constituting the Governor and Council such a court. Under the constitution of 1777 the court was recognized as
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still in existence, but its chancellor was prohibited from holding any other office except delegate to Congress on special occasions. In 1928 the court was reorganized. Masters and examiners in chancery were to be appointed by the Council of Appointment; registers and clerks by the chancellor. The latter licensed all solicitors and counselors who practiced before the court. Under the constitution of 1821 the chan- cellor was appointed by the Governor, and held office during good be- havior, or until he had attained the age of sixty years. Appeals lay from the chancellor to the Court for the Correction of Errors Under the second constitution equity powers were vested in the circuit judges, whose decisions were permitted to be reviewed on appeal to the chan - cellor. Soon after this general equity jurisdiction devolved upon the chancellor, while the judges alluded to acted as vice- chancellors in their respective circuits. The constitution of 1846 abolished the Court of Chancery, and its powers, duties and jurisdiction were vested in the Supreme Court.
By an act of the Legislature adopted in 1848, entitled "The Code of Procedure," all distinctions between actions at law and suits in equity were abolished, so far as the manner of commencing and conducting them was concerned, and a uniform method of practice was adopted. Under this act appeals lay to the General Term of the Supreme Court from judgments rendered in Mayor's, Recorder's and County Courts, and from all orders and judgments of a court held by a single justice of the Supreme Court.
The judiciary article of the constitution of 1846 was amended in 1869, authorizing the Legislature, not oftener than once every five years, to provide for the organization of General Terms consisting of a presiding justice and not more than three associates; but by an act passed in ISto the existing organization of the General Term was abrogated and the State divided into four departments, and provision was made for hold- ing General Terms in each. By the same act the Governor was directed to designate from among the justices of the Supreme Court a presiding justice and two associates to constitute a General Term in each depart- ment. By the constitutional amendment of 1882, the following year the Legislature divided the State into five judicial departments and pro- vided for the election of twelve additional justices, to hold office from the first Monday in June, 1884.
In June, 1887, the Legislature enacted the Code of Civil Procedure to take the place of the code of 1848. By this many minor changes
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were made, among them being a provision that every two years the justices of the General Terms and the chief judges of the Superior : City Courts should meet and revise and establish general rules of prac- tice for all the courts of record in the State, excepting the Court of Appeals.
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