USA > New York > Erie County > Our county and its people : a descriptive work on Erie County, New York, Volume I > Part 78
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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 1835 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.
Henry White gave promise of distinction at the bar, but he was cut off in com- paratively early life by the cholera scourge of 1832. He was devoted to his profes- sion and by untiring industry and good ability he gained an excellent reputation.
Major A. Andrews is remembered more, perhaps, as the second mayor of the city in 1833, than as a lawyer, although when he settled in Buffalo about 1820 he bore the reputation of being a reputable and able attorney. He became the owner of large real estate property in the city, the care of which diverted him from his profession to a great extent.
Absalom Bull was an early lawyer in the village of Black Rock, where he settled about 1821, and continued there in active practice until his death. He acted as one of the judges of the Court of Common Pleas and was an influential delegate to the constitutional convention of 1846.
George R. Babcock settled in Buffalo in 1824 and after studying law in the office of his future father-in-law, Heman B. Potter, was admitted to the bar in 1829; he was actively engaged in the profession until his death, in 1876, excepting in the later years of his life, which were devoted to the management of several important trusts. In 1843 he represented Erie county in the Assembly and was elected to the State Senate in 1850 and re-elected in 1852. In the legislative halls he added to his already high reputation. As a lawyer he was well informed and as a citizen won the respect of the community.
Elijah Ford, a graduate from Union College, settled in Buffalo in 1828, and studied law in the office of White & Sherwood. After his admission to the bar he took a prominent position at the bar, particularly as a counselor and office lawyer. He held the office of master in chancery, where he acquired a reputation for fairness and in- tegrity. Among the large trusts that came to him for settlement was the estate of Samuel De Veaux. Mr. Ford represented Erie county in the Assembly in 1850, and
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in 1859 received the nomination of the Hard Shell Democrats for lieutenant-governor, but was defeated.
Thomas T. Sherwood is remembered as one of the most eminent lawyers of his time. He practiced law in Springville for some time after his arrival in Erie county, and settled in Buffalo in 1826, becoming a partner with Henry White; this connec- tion continued to 1831, and in 1838 he formed another partnership with William H. Greene. While Mr. Sherwood was not a highly educated man, nor especially learned in the law, he made himself familiar with the principles of our jurisprudence, and by his great natural powers he was equal to the solution of any question of law or of fact that it became his duty to master. In the pressure of important trials and be- fore the jury, though not a graceful speaker, he possessed unusual powers of elo- quence which were impressive and convincing and his success was unusual. Mr. Sherwood never came forward as a candidate for office, although frequently im- ยท portuned to do so, but preferred the independent practice of his profession. As a private citizen he was thoroughly respected.
Horatio J. Stow removed from Lewis county, N. Y., to Lewiston, Niagara county, where he formed a law partnership with Bates Cooke, who was afterwards comp- troller and a man of high standing. Mr. Stow settled in Buffalo in 1833 and formed a partnership with Joseph Clary and the firm continued in successful practice until 1839, when, upon the organization of the Recorder's Court he was appointed the first recorder in the city; he held this office four years, but after his retirement he did not appear again at the bar. In 1846 he was a delegate to the constitutional con- vention, and in 1857, having become a resident of Niagara county, was elected State senator. In the convention and the Senate Judge Stow gained a high reputation for learning, eloquence and statesmanship.
Frederick P. Stevens was a member of the bar when he settled in Buffalo in 1833. He was one of the early masters in chancery in Western New York and also a puisne judge of the Court of Common Pleas for many years; in January, 1845, he was ap- pointed first judge, and in June, 1847, was elected county judge under the new con- stitution. Judge Stevens practiced little at the bar, but was recognized as an able and impartial master in chancery and an honest and upright judge. In 1856 he was elected mayor of the city and discharged his duties with ability. He was elected to the Assembly in 1863, and there added to his already high reputation.
Samuel Caldwell, surrogate of Erie county in 1836, was a graduate at Cambridge, practiced law in Buffalo several years and enjoyed a good reputation. As surrogate, and in the performance of the duties of Supreme Court commissioner, and master in chancery, he exhibited judicial ability of a high order.
George P. Barker graduated from Union College in 1827 and in the same year be- gan the study of law in the office of Stephen G. Austin in Buffalo, with whom he later formed a partnership; his admission to the bar took place in 1830. Before that date he had attracted attention by his eloquence and power as an orator. He early be- came the leader of the local Democratic party, and in 1831, at the age of twenty four, was its candidate for the Assembly. In 1832 he was appointed district attorney, in which office he laid the foundation for his high reputation of later years. He was an unsuccessful candidate for Congress in 1834, but in 1835 was elected to the As- sembly, when his party was in a large minority. In 1842 he was elected attorney- general of the State and honorably and ably discharged the duties of the high office.
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On his retirement he was again appointed district attorney of this county, which office he held until his death in 1848, at the early age of forty-one years.
Solomon G. Haven settled in Buffalo in January, 1835, after a course of legal study in the office of Gov. John Young in Geneseo. In Buffalo he entered the office of Fillmore & Hall and was admitted to the bar in May following. In the next year he was admitted to the partnership. Judge Hall retired from the firm in 1839, and Mr. Fillmore and Mr. Haven continued together until 1847, when the former was elected comptroller of the State. Mr. Haven remained at the bar until his death in December, 1861, and for many years was one of its pre-eminent representatives. He was a thorough student, and possessed natural qualifications which enabled him to take a commanding position. In March, 1842, he was elected mayor of Buffalo, and in June, 1843, was appointed district attorney, in which positions he won com- mendation. In 1850 he was elected to Congress, and was thus enabled to render support to the administration of his former partner, President Fillmore. He was twice re-elected to that office. Outside of his profession Mr. Haven was a citizen of high repute and a shrewd and successful business man.
James Mullet resided in Chautauqua county until 1843, when he located in Buffalo, armed with a reputation as a successful lawyer. He at once entered upon a large practice, which he successfully conducted until his election as a judge of the Su- preme Court in 1847. Judge Mullet was a man of superior intellect and thoroughly learned in law. On the bench he distinguished himself by several opinions which will remain permanently in the reports. Judge Mullet held several public offices in Chautauqua county.
Nathan K. Hall was born in Onondaga county in 1810, and settled in Wales, Erie county, in 1826, and immediately thereafter entered the office of Millard Fillmore, in Aurora, to study law. When Mr. Fillmore removed to Buffalo Mr. Hall went with him, and continued his studies until 1832, when he was admitted to the bar. During the remainder of his life Judge Hall held, perhaps, more public positions than any other citizen of the county, all at which he filled with ability and integrity. In 1839 he was appointed master in chancery, and in 1841 judge of the Court of Common Pleas. In 1845 he was elected to the Assembly, and in 1847 to Congress. When Mr. Fillmore assumed the presidential chair in 1850 Judge Hall was placed in his cabinet as post- master-general. In 1852 he received the appointment of judge of the District Court of Western New York, and held that position until his death in 1874. During this period he was also intimately connected with many Buffalo institutions; was many years president of the Buffalo Female Academy, president of the Historical Society, president of the Board of Trustees of the Normal School, etc.
Henry K. Smith was one of the most gifted and eloquent members of the bar of this State. He was born on the island of Santa Cruz, of English parents, and was early sent to Baltimore to be educated. He studied law in Johnstown, N. Y., and was admitted to the bar in 1833. He settled in Buffalo, and his exceptional ability soon gave him a prominent position. In 1843 he was appointed recorder of the city, and in 1846 was appointed postmaster; in March, 1850, he was elected mayor. Judge Smith was an active politician, in which field his talent as an orator made him conspicuous. As an advocate he was remarkably successful. He died in Septem- ber, 1854.
Edward S. Warren graduated from Middlebury College, Vt., in 1833 and soon
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afterwards settled in Buffalo, where he was a successful lawyer about thirty years. He studied in the office of Israel T. Hatch and when admitted became a partner with Henry K. Smith. In his professional career Mr. Warren displayed marked capability and attained an honorable reputation. His practical business tastes led him to em- bark largely in various enterprises, in which he was remarkably successful.
Israel T. Hatch settled in Buffalo about 1830, already well prepared for his later successful career at the bar. He was appointed surrogate of the county in 1833; in 1852 he was elected to the Assembly, and in 1856 to Congress. His political life and his entering upon various business enterprises drew him in later years away from his profession. At the time of his death he was an influential and respected citizen.
Wells Brooks was a lifelong citizen of Erie county and practiced law at Springville many years. His later years were passed in Buffalo in the discharge of various trusts and the duties of public positions. He was a leading member of the Board of Supervisors many years, and was elected to the Assembly in 1836 and again in 1843. In 1849 he was elected county clerk; in these various positions he gained an enviable reputation.
James Crocker settled in Buffalo about 1835 and practiced law until his death in 1861. He held the office of master in chancery several years, and other minor positions of trust, the duties of which he faithfully discharged. His law business was chiefly confined to office work and as counselor.
Peter M. Vosburgh practiced law in Aurora several years and on removing to Buf- falo soon secured a large business which he continued until his appointment as `surrogate in 1845. He was elected to the same office in 1847, serving in all six years, with satisfaction to the community. In 1855 he was elected county clerk. During his professional career of over thirty years he was known as a safe counselor and successful attorney. As a citizen he was much respected.
James Stryker, who was appointed first judge of the Court of Common Pleas in 1837, had been in practice in Buffalo several preceding years. When the govern- ment decided upon removing the Indians of this region to the Northwest Territory, Judge Stryker was appointed commissioner to negotiate a treaty with the Indians. In this delictate mission he was eminently successful. ' He was an ardent politician and his devotion to that field prevented him from attaining the position in his pro- fession which he otherwise might have reached. After leaving Buffalo he settled near New York and published the American Register several years.
Benjamin Austin, sr., settled in Buffalo soon after his admission to the bar and en- joyed a large law practice until his death in 1874. He was elected district attorney in 1847 and administered the office in an able manner. He is remembered for his industry and zeal in the interests of his clients, and his studious habits. His son, Benjamin Austin, jr., practiced law in Buffalo many years and removed to the Sand- wich Islands in quest of better health, where he became a Supreme Court judge.
Seth E. Sill was born in Saratoga county, studied law in the office of Thomas T. Sherwood in Buffalo and was admitted to the bar in 1836. Later he was a partner with George P. Barker until the latter was elected attorney-general of the State, after which Mr. Sill practiced alone until he was elected judge of the Supreme Court in 1847; he continued on the bench until his death in 1851, at the age of forty-two years. Judge Sill was an accurate and conscientious lawyer, and as a jurist was es- teemed for his learning and integrity.
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Asher P. Nichols acquired his legal education in the office of George W. Clinton and was admitted to the bar in 1837. He continued in active practice until his death in May, 1880. He was a painstaking and industrious lawyer, devoted to the welfare of his clients, and attained a high position at the bar. In 1867 he was elected to the State Senate, and in June, 1870, was appointed State comptroller. In both positions he exhibited excellent legislative and administrative qualifications.
Henry W. Rogers was a successful lawyer in Bath, Steuben county, several years before he settled in Buffalo in 1836. Here he was prominently identified with the profession until about 1872, and during this long period he was recognized as one of the foremost of the bar of Western New York. In 1837 he was appointed district attorney, and served with signal ability until 1844. In that year he was appointed collector of the port of Buffalo and held the position four years. The latter years of his life were passed in foreign travel and the gratification of his cultivated tastes. He died in Ann Arbor, Mich., in March, 1880, where he had resided a few years for the benefit of his health.
Eli Cook studied law in Utica and located in Buffalo in 1838, where he soon at- tained a leading position at the bar, and maintained it as long as he remained in practice. He was a natural orator and very successful before juries. He was elected mayor of the city in 1853 and re-elected; he also served as city attorney.
: Horatio Seymour, jr., was a graduate of Middlebury College, Vt., studied law in Syracuse and settled in Buffalo in 1836. He held the office of master in chancery many years and represented Erie county in the Assembly in 1863-64. In 1867 he was elected surrogate. Mr. Seymour was an active politician, was fairly successful in his profession, and was respected for his high character and many excellent per- sonal qualities.
Joseph G. Masten settled in Buffalo in 1836, after several years of successful prac- tice at the bar of Bath, Steuben county. In Buffalo he promptly took high rank and in 1848 was chosen recorder of the city, discharging the duties of the office with ability. In 1856 he was elected judge of the Superior Court, and held the position until his death in April, 1871. In 1843 he was elected mayor of Buffalo and was re- elected. Judge Masten was an influential member of the Constitutional Conven- tion of 1867 and served on the judiciary committee.
Isaac Verplanck graduated from Union College, studied law and in 1831 settled in Batavia, where he attained prominence before his removal to Buffalo in 1847. In the latter city he enjoyed a large and successful business until his election to the bench of the Superior Court upon its organization in 1854. At the time of his death in 1873 he was chief judge of that court. He was distinguished as a learned, impar- tial and upright jurist. In 1838 he held the office of district attorney of Genesee county and was reappointed in 1846. As a delegate to the Constitutional Conven- tion of 1867 from Erie county Judge Verplanck exerted a large and beneficent in- fluence.
Jesse Walker graduated from Middlebury College, studied law in Rochester and settled in Buffalo in 1835, where he died in September, 1852. For much of this period he gave his whole attention to the duties of the office of master in chancery. In 1851 he was elected county judge, and for about a year before his death gave eminent satisfaction on the bench.
Charles Beckwith was born in Genesee county July 9, 1825. He graduated from
JUDICIARY AND BAR OF ERIE COUNTY.
the University of Michigan at the age of twenty-four years, and studied law in the State of Mississippi; he was admitted to the bar in 1852 and practiced in the West and Southwest a few years, when he removed to Buffalo. He served as alderman four terms and was twice chosen president of the Council. He was elected city at- torney in 1863 and in 1877 was elected judge of the Superior Court. He served four- teen years and was chief judge at the time of his retirement. Judge Beckwith was a man of high attainments and gave eminent satisfaction to the bar and the public as a jurist. He died March 9, 1895.
George W. Clinton was a son of Gov. De Witt Clinton and was born about 1807. He began the study of law at an early age, and was in due time admitted to the bar and began his professional life in which he promptly secured a high degree of suc- cess. Locating in Buffalo he was elected mayor in 1842, and upon the organization of the Superior Court in 1854 was chosen one of the judges. He continued in the office until a few years before his death. He was found dead in the Rural Cemetery, Al- bany, September 7, 1885. His retirement from the office was on account of the age limit. He was an able and honorable jurist. He lived in Albany most of the time after his retirement from the bench, and served as a Regent of the University.
William H. Greene was born near Boston, August 31, 1812, and graduated with honor from Dartmouth College. He studied law in Skaneateles, N. Y., and after his admission to the bar settled in Buffalo in 1837, where he entered into partner- ship with Thomas T. Sherwood. This firm, and others with which Mr. Greene was connected during his career, conducted a large and important business. He never sought political distinction, but for more than forty-six years he was devoted to his profession, trusted by his clients and thoroughly respected by the community. He was an early friend of the Young Men's Association. and served as president in 1843. For many years he was active in the Historical Society and was president in 1872. During the late years of his active life the burden of his business cares was largely borne by his sons, John B. and Harry B. Greene.
Benoni Thompson died in Buffalo in 1858, after many years of practice at the bar in the city. He was a member of assembly from this county in 1849. He gave nearly his whole time to office business and had the entire confidence of his clients. He acted many years as assignee in bankruptcy under the Federal act of 1841.
Charles D. Norton graduated from Union College in 1839, studied law and was admitted to the bar in 1843. He began active practice in Buffalo which continued until 1851, when he was elected surrogate of Erie county. In 1865 he was appointed collector of the port of Buffalo, and continued in that office until his death in 1867. As an advocate Mr. Norton was very successful and in the office of surrogate he ex- hibited judicial ability of a high order. He was always deeply interested in the literary institutions of the city and was in every way a respected citizen.
James G. Hoyt attained prominence at the bar in Genesee county long before he located in Buffalo. He was elected a judge of the Supreme Court in 1847 and served as such until his death in Buffalo in 1863. He was what is termed a self-made man and held various positions of honor and responsibilty. As a lawyer and a judge he was distinguished for uniform courtesy, purity of life and conscientious discharge of his duties.
Albert Sawin was a successful lawyer in Aurora many years and later in his life settled in Buffalo. He was elected district attorney in 1853 and gave satisfaction in
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the discharge of the duties of that office. He possessed qualifications of persuasive eloquence and impressive argument which rendered him very successful with juries, and his management of the details of important trials called forth the commendation of his brethren at the bar. He was in successful practice at the time of his untimely death in 1863, in the prime of his life.
John Ganson is accredited with being one of the most gifted and eminent lawyers of this State. While not an advocate, in the ordinary acceptation of the term, he was a remarkable figure before the highest tribunals where his learned exposition of the law attracted wide attention. He represented Erie county in the State Senate in 1862, and was elected to Congress for the critical period of 1863-64, as a so-called War Democrat. These positions came to him without effort on his own part. His character was of the highest, and his ability, integrity and patriotism were unques- tioned. He died of apoplexy while trying an important cause in Buffalo September 28, 1874.
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