Our county and its people; a descriptive work on Oneida county, New York;, Part 24

Author: Wager, Daniel Elbridge, 1823-1896
Publication date: 1896
Publisher: [Boston] : The Boston history co.
Number of Pages: 1612

USA > New York > Oneida County > Our county and its people; a descriptive work on Oneida county, New York; > Part 24

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Surrogates .- This office has met with less change since early times than other in the judiciary. In all counties having population of less than 40,000 the office is combined with that of county judge. The surrogates of Oneida county have been :

Arthur Breese, March 19, 1998; Joshna Hathaway, March 23, 1808; Erastus Clark, February 23, 1813; Joshua Hathaway, March 16, 1815; Greene C. Bronson, April 13, 1819; Joshua Hathaway, February 19, 1821; Henry A. Foster, March 31, 1827; Alanson Bennett, January 12, 1831; Henry A. Foster, January 27, 1835; John Stryker, August 22, 1839; (down to this time surrogates were appointed; the constitution of 1846 made the office elective.) Othniel S. Williams, June, 1847; Henry M. Burchard, November, 1855; Joseph S. Avery, November, 1863, and re-elected to 1877; Stephen H. Van Dresar, November, 1877; William B. Bliss, November, 1883; William H. Bright, November, 1889; H. W. Bently, (appointed) June 11, 1894; Frederick M. Calder, elected November, 1894.

'The following have held the office of Special Surrogate: Ralph McIntosh, elected

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November, 1852; Nelson B. Stevens, November, 1855; Ralph McIntosh, November, 1858; David T. Jenkins, November, 1861; Eugene Stearns, November, 1867; Theo- dore Avery, November, 1870; Henry J. Cookinham, (elected) November, 1873; Marcus D. Raymond, March, 1874; Elliott S. Williams, November, 1875; Emmett J. Ball, November, 1878; John D. F. Stone, November, 1884; Herbert C. Sholes, No- vember, 1887; Elliott O. Worden, November, 1893-96.

District Attorneys -The original title of this office was assistant attorney general, and there were seven districts in the State, the office being filled by the Governor and Council during their pleasure. The office of district attorney was created April 4, 1801. In 1818 each county was made a district. From 1796 to 1801 Oneida county formed part of the Ninth district, with Herkimer and Otsego counties. From 1801 to 1818 it was in the Sixth district with Chenango, Herki- mer, Lewis, Otsego, Madison (from 1808) and Jefferson (from 1805 to 1808).

The district attorneys for Oneida county since 1818 have been as follows :

Nathan Williams, 1818; Samuel Beardsley, 1821; Hiram Denio, 1825; Ichabod C. Baker, 1834; Timothy Jenkins, 1840; Calvert Comstock, 1845; Roscoe Conkling, 1850, appointed vice Comstock resigned; Samuel B. Garvin, 1850; J. Thomas Spriggs, 1853, appointed vice Garvin resigned; Henry T. Utley, 1853; Jairus H. Munger, 1856; Hiram T. Jenkins, 1859; Daniel Ball, 1868; Daniel C. Stoddard, 1871; Milton D. Barnett, 1877; William A. Matteson, 1883; Thomas S. Jones, 1886; George S. Klock, 1892.

Sheriffs .- Under the first constitution this office was filled by the Council of Appointment annually, but no person could hold the office for more than four successive years. Under the Constitution of 1821 they were elected for three years.

William Colbrath,1 March 19, 1798; Elizur Moseley, December 31, 1798; Charles C. Broadhead, November 5, 1800; James S. Kipp, November 10, 1804; Benajah Merrill, February 21, 1807; James S. Kipp, February 8, 1808; Benajah Merrill, February 26, 1810; James S. Kipp, February 5, 1811; Apollos Cooper, March 16, 1815; John B. Pease, February 9, 1819; John E. Hinman, February 13, 1821; John E. Hinman, No- vember, 1822; David Pierson, November, 1825; John E. Hinman, November, 1828; Samuel M. Mott, November, 1831; Erastus Willard, November, 1834; Lyman Curtis, November, 1837; David Moulton, November, 1840; Theodore S. Faxton, Decem-

1 Or Colbraith.

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()UR COUNTY AND ITS PEOPLE.

ber 19, 1842; Israel S. Parker, January 11, 1843; Palmer V. Kellogg, November, 1844; Lester Barker, November, 1847; John R. Jones, November, 1850; Hngh Crocker, November, 1852; Calvin Hall, November, 1855; William J. Mckown, November, 1858; Hugh Crocker, November, 1861; David B. Danforth, November, 1864; George F. Weaver, November, 1867; Lewis Gaylord, November, 1870; George Benedict, November, 1873; Frederick G. Weaver, November, 1876; Francis X. Meyers, No- vember, 1879; Thomas D. Penfield, November, 1882; John Batchelor, November, 1885; Thomas Wheeler, November, 1888; John C. Schneider, 1892; Van R. Weaver 1894.

BIOGRAPHICAL.

Jonas Platt settled in Oneida county in 1791, the first attorney in the county, locating at Whitesboro, and his name first appears in the public records of 1798. He undoubtedly rose rapidly, both in his profession and in the estimation of the people, for he was elected to the State Senate in 1809 by the Federalists, and in 1810 was a candidate for gov- ernor. In 1814 he was appointed a judge of the Supreme Court of the State, which office he filled until the new Constitution of 1821 threw him out. After his retirement from the bench he resumed his law practice with success, at first in this county, later in New York city, and finally in Plattsburg. Judge Platt has been memorialized as a " finished gentleman, who dispensed for many years a graceful hospitality " at his home in Whitesboro, and a man of integrity and fair ability.

Thomas R. Gold was an able and very early lawyer to settle in this county, establishing himself in Whitesboro in 1792. Judge Bacon wrote of him as follows :

His habits of industry were incessant and untiring and continued to the very close of his life; and this he illustrated as well in his public as in his private life, for there was no more diligent Member of Congress or of the State Senate, no one more capable of mastering a subject or defending a measure on which he had set his heart. His reputation at the bar was high. . . Hle argued more causes in the old Su- preme Court than any lawyer in central New York.

Mr. Gold was elected to the Senate in 1796 and re-elected ; to the Council of Appointment in 1801 ; to the Assembly in 1808, and to Congress in 1812, serving two terms.

One of the earliest lawyers of prominence to settle in Oneida county was Nathan Williams. He was born in Williamstown, Mass., Decem - ber 19, 1773, and came to this county as early probably as 1797. In

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the following year he was admitted to practice in the Court of Common Pleas, and soon advanced to the front rank of the profession. Locating in Utica, he was conspicuous in the organization of Trinity church, was president of the village and of the Manhattan Bank. He was district attorney of the Sixth district in 1801-03 and of Oneida county in 1818- 21 ; was representative in Congress in 1805-07 ; and member of as- sembly in 1816, 1818, and 1819 He was also a member of the Con- stitutional Convention of 1821. He was appointed in April, 1823, to the responsible office of circuit judge and held the position for many years. "As a judge," says his biographer, " his addresses were fer- vently moral. Few men could attend his court in any capacity and not obtain instruction in the duties of life and encouragement for their culti- vation." Every part of his life was filled up with something to render his memory dear to his kindred and honored by his country. At the age of sixty years he resigned his office of circuit judge and a few months before his death he removed to Geneva upon receiving the appointment of clerk of the Supreme Court. His death occurred Sep- tember 25, 1835.

Erastus Clark was born in Lebanon, Conn., May 11, 1763, and located in Utica in 1797, having begun practice in Clinton in 1791, Great industry, unflinching integrity and good ability soon gave him a prominent position. He was many years a village trustee and presi- dent ; was twice elected to the Assembly, and a trustee under the original charter of Hamilton College. He was especially active in promoting charities, and died November 7, 1825, leaving a record of a useful life.

Samuel Beardsley was a native of Hoosick, Rensselaer county, N. Y., and was born February 6, 1790 ; his parents removed to Otsego county while he was an infant. After attending the district school, where he was a hard student, he taught for a time, and then began studying medicine in Cherry Valley. After witnessing several court trials in Cooperstown, he became fascinated with the law, and having there made the acquaintance of Judge Hathaway, of Rome, was invited to study in the judge's office. No better preceptor could have fallen to his lot. He was admitted to practice in due time (1815) and began in Watertown, but one year later he settled in Rome, where he had as a

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partner James Lynch, and afterwards was alone. In February, 1821, he was appointed district attorney of this county, which office he held one year. In 1822 he was elected to the State Senate, but in the arrange- ment of the classes by lot, he served only one year and in 1823 located in Utica as partner of Thomas S. Williams. In March, 1823, he was appointed U. S. attorney for the Northern district of New York, and held the office until 1830, when he was elected to Congress by the Democrats ; to this high office he was given three subsequent elections- 1832, 1834, and 1842. In 1835 upon the resignation of Nathan Will- iams as judge of the Fifth circuit, Governor Marcy nominated Mr. Beardsley to the position, and his nomination was confirmed. But when he signified his intention of resigning his seat in congress, Presi- dent Jackson personally urged him to remain ; he finally consented. In 1836 he was appointed attorney-general of the State, and when his term term expired in 1838 he resumed practice. Having been again elected to Congress, he withdrew in 1844 to accept the appointment of justice of the Supreme Court. On the retirement of Chief Justice Greene C. Bronson, in June, 1847, Judge Beardsley succeeded him in that high station. After retiring from the bench he practiced in the higher courts a year or two in New York, though he kept his residence in Utica. He died May 6, 1830.

" I think it could be safely said," remarks Judge Bacon, " there was not at the close of his life a more thoroughly read and firmly grounded lawyer in this State, nor one whose opinion carried greater weight with the courts." "I think," says Governor Seymour, "that he evinced his highest qualities in statesmanship. In public life he was bold, invasive, and self-reliant, and showed that he had resources and inventive genius to meet the varying exigencies of passing events. Here he sought no authorities, nor did he lean upon the assertions or opinions of others. I have known many of the prominent men of our land, and none of them excelled him in powers of acting upon the public mind or in the high qualities demanded for leadership. His correct views of life, business and public morals kept him from falling into question- able positions. His bearing, person, and mind fitted him to command and he always had a strong power over those with whom he acted ; those who may have differed from him felt the force and strength of his antagonism." As a private citizen he was exemplary in all the charities and amenities of society, both civil and religious. "I know of no one," remarked Governor Seymour, "who contributed more, by speech and example, to form and enforce the unwritten laws of just moral recti- tude. No one did more to elevate the tone of morals in this city or to keep up the standard of good conduct and just dealings."

HIRAM DENIO.

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A man who rose to prominence at the bar, and especially as a judge, was Greene Carrier Bronson, who was born in Simsbury, Conn., in November, 1789. His educational opportunities were limited, but he richly endowed himself by reading and study in after life. He re- moved with the family to Peterboro N. Y., and studied law in Vernon with John P. Sherwood. He was admitted to practice in due time and soon became a worthy associate of the great lawyers of his time in this county. In April, 1819, he was appointed surrogate of Oneida county and filled the office two years. Elected to the Assembly soon after- ward, he there proved himself gifted in debate. At first a Clintonian in politics, he later turned to the Bucktails, and from that time was identi- fied with the "Hard" section of the Democratic party. In 1824 he settled in Utica and soon became partner with Samuel Beardsley, with whom he remained during his residence in that place. In February, 1829, Mr. Bronson was elected attorney-general of this State and filled the office by re-election until 1836, residing meanwhile in Albany. In January, 1836, he was elevated to the Supreme Court bench, and in March, 1845, became presiding judge of that court. Two years later he was made one of the judges of the Court of Appeals, and continued such until his resignation in 1851. " In the department of judicial duty he was justly pre-eminent and his opinions are models of excellence. In conciseness and perspicuity of expression, in terseness and directness of style, in compactness and force of logic, in sturdy vigor of intellect, and in the stern sense of justice," Judge Bronson has been by com- petent judges declared unsurpassed. Removing to New York after re- tiring from the bench, he was appointed collector of the port in 1853, and in 1851-59 was elected counsel for the city, which position he held until 1863. Stricken with paralysis, he died September 3, 1863.

Hiram Denio was born at Rome May 21, 1799 He received an academical education and began the study of law in the office of Joshua Hathaway. In 1816 he settled in Whitesboro, studying in the office of Storrs & White, where he remained until 1821. In that year he be- came a partner of Wheeler Barnes in Rome, and in October, 1825, was appointed district attorney to succeed Samuel Beardsley. He held that office nine years and performed its duties with credit. Meanwhile in July, 1826, he removed to Utica and joined with E. A. Wetmore to

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form the firm of Wetmore & Denio. In May, 1834, Mr. Denio was appointed a second judge for the Fifth circuit, thus beginning a long and honorable judicial career. About 1836 he became a member of the firm of Denio & Hunt (Ward Hunt) which occupied the front rank. In 1833 he was appointed to fill a vacancy on the bench of the Court of Appeals and twice afterward was elected to the same position, closing his career in 1866. His death took place October 19, 1868. It has been written of Judge Denio as follows :

With the cast of mind eminently judicial, with studious habits that never wearied, with con versance with the principles as well as the letter of the law seldom surpassed, and with integrity never questioned, he deserves to rank with the magnates of the bar of the county and the State; as a judge of the Court of Appeals his decisions are accepted as standards and as models. He was not a man to startle observers by brilliance and eccentricity. His prudence, his common sense, his thorough consci- entiousness were his marked characteristics. In every sense he was a good judge and in some respects his associates have pronounced him among the best and fore- most that ever sat upon the bench of our highest tribunal.

One of the foremost lawyers of Oneida county (though not a native) was Henry A. Foster, who settled in Rome in 1819, coming from Os- wego where he had already begun his studies. He had also studied in Cazenovia, N. Y., and at Onondaga Hill. In Rome Mr. Foster made himself conspicuous in many cases while he was yet a student. In 1822 he was admitted to the bar and within three hours after his admission was assigned to defend a person indicted for petit larceny, second of- fense. That trial was before Judges Joshua Hathaway, Truman Enos and Samuel Jones. Samuel Beardsley was district attorney. By a new line of argument on the question of the relative punishment for first and second offenses, Mr. Foster secured the acquittal of the prisoner. This case gave him extended reputation. He early became active in politics and in 1826 was nominated for the Assembly, but was defeated with the others of the ticket. In 1827 he was appointed surrogate and held the office until 1831. In 1830 he was elected State senator. He was trustee of Rome village several years and supervisor four years. In January, 1835, he was again appointed surrogate, resigning in 1837 to begin his congressional career in Washington, to which body he was elected in 1836. In 1840 he was elected to the State Senate and re- signed near the close of the term to accept appointment as U. S. sen- ator to fill a vacancy. In April, 1853, he was appointed U. S. district

HENRY A. FOSTER.

JOSHUA A. SPENCER.

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attorney for the Northern district of New York. In 1863 he was elected judge of the Supreme Court for a term of eight years. In all of these highly honorable stations Judge Foster sustained his reputation as leg- islator, judge, and attorney. He was strong in every branch of his pro fession and as a judge was recognized as able and impartial.

William Johnson Bacon was born in Williamstown, Mass, February 18, 1803, received excellent early educational advantages, and came to Utica with the family in 1815. Entering Hamilton College he gradu- ated in 1822. He immediately began the study of law in the office of Gen. Joseph Kirkland, and after three years with him, studied one year in Judge Gould's law school in Litchfield, Conn. He was admitted to practice in 1824, but soon joined with Samuel D. Dakin as owners and editors of the Sentinel and Gazette. Two years later he returned to his practice and soon acquired a good business. In the fall of 1853 he was elected judge of the Supreme Court of the Fifth district, and by re- election he continued on the bench sixteen years. After that he did not practice in the courts. Judge Bacon is remembered as a careful and painstaking lawyer, and especially strong in cases requiring ac- curacy, learning and sound judgment. On the bench in decisions abounding in strong thought and deep learning, and in language and forms of expression the most forcible and elegant, he attained high repute. His integrity was unquestioned and his fairness and impar- tiality unswerving. Judge Bacon was elected to the Assembly in 1850, and in 1876 was sent to Congress. He also filled very many stations of trust in corporations and on the boards of various institutions, in all of which he was unfailing in his duty. He died July 3, 1889.

Among the foremost of the men who have shed lustre upon the bar of this State was Joshua Austin Spencer. He was born at Great Bar- rington, Mass., May 13, 1790, removed to Lenox, Madison county, when eighteen years old, and to Utica at the age of thirty-nine years. He soon rose to a leading position in the bar of Oneida county, when that bar was celebrated for its ability. . Although his early educational opportunities were extremely limited, his indomitable energy and the strength of his intellect carried him to a commanding position. After serving a period as clerk in a store, and another term as a carpenter's apprentice, he took up the study of law with his elder brother. Soon

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afterward he enlisted in the army for the war of 1812 and was ap- pointed orderly sergeant of Horse Artillery and served his term at Sackett's Harbor. In 1814 he married Clarissa Phelps of Lenox, who died leaving two young children. He married, second, Electa Dean. After his admission to the bar he practiced for a time with his brother and in 1829 formed a partnership with William H. Maynard and settled in Utica. Mr. Maynard died in about three years and the burden of a large business fell upon Mr. Spencer ; he was fully able to carry it. He rapidly gained distinction as a jury lawyer and as such met with uniform success. In 1841 he was appointed United States attorney for the Northern district of New York, which office he held until 1845. In that year he was elected to the State Senate, two years of his term being taken off by the Constitution of 1846 His labor on the Judi- ciary Committee was arduous and beneficial. In 1848 he was elected mayor of Utica. For the dutics of these political stations he took no respite from his profession and was identified with scores of cases which had a State or National reputation. Outside of his profession he rep- resented sterling manhood and exalted citizenship in the broadest sense. He was a profound believer in Christian religion and active and generous supporter of the cause of education. His death took place April 25, 1857.

Joshua Hathaway, the first lawyer to settle in Rome, was one of seven sons, who, with their father, took part in the battle of Bennington and other- wise shared in the Revolution. He had reached his sixteenth birthday only three days before the battle. Ten years later he graduated from Yale College, studied law, was duly admitted to practice and in 1795 settled at Fort Stanwix. After the organization of Oneida county and at the first term of the Common Pleas he was admitted at that court. In 1798 he was commissioned one of the justices of the peace for the new county and was also appointed the first county treasurer, which office he held until 1802. About 1810 he was appointed by President Madison as the second postmaster of Rome, which office he held twenty - six years and until his death. In 1808 he was appointed surrogate of the county, the first Rome citizen to hold that office, and the second incumbent. He held the place until 1813 when he was displaced by political changes. He was again appointed in 1815, continuing in the

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office four years, and in 1821 was appointed for the third time and held the office to 1827 ; at the same time he was appointed one of the side judges of the Court of Common Pleas, was reappointed in 1823 and again in 1828. It is recorded that he filled all of these positions with dignity, integrity aed fair ability. Judge Hathaway died in December, 1836.

William H. Maynard was a prominent early attorney of Oneida county and a native of Conway, Mass. Soon after his graduation he located at New Hartford to study law in the office of Gen. Joseph Kirkland. In 18II he purchased of John H. Lathrop his interest in the Utica Patriot and at once assumed its editorship. This connection he continued until 1824. In January, 1825, he was made village attorney and was also for a time law officer of the Utica Insurance Company. In 1818 he was ad- mitted to practice in the Supreme Court. His first partner was Samuel A. Talcott. He rose rapidly in his profession and was soon employed in most of the heavy litigation in the courts of the county. In 1819 when Clinton was nominated for governor, Mr. Maynard left the Fed- eral party and joined others in support of Tompkins. With the change in tone in the Patriot it lost subscribers and alarmed its owners and led to the establishment of the Sentinel. When the Anti-Masonic party came into existence, Mr. Maynard joined its ranks and in 1828 was elected by it to the State Senate, where he served from 1829 to 1832 inclusive. He was an able legislator and largely instrumental in secur- ing the construction of the Chenango Canal. During his term in the Senate he continued active in his professional labor. He was a promi- nent factor in the politics of his time and a lawyer of exceptional ability.

Samuel Austin Talcott was born in Hartford, Conn., December 31, 1789, and graduated from Williams College in 1809. At about the same time he married and locating in Whitesboro, he began law study with Thomos R Gold. He began practice in Lowville, but removed to Utica in 1816 and formed a partnership with William H. Maynard. When Gen. Joseph Kirkland soon afterward removed from New Hart- ford, leaving a vacancy, Mr. Talcott settled there. In February, 1821, he was appointed attorney-general of the State, when only thirty two years of age. He took up his residence in Albany during his term of office and thence removed to New York where he practiced until his

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death, March 19, 1836, having scarcely reached middle life. By his contemporaries and other later writers, Mr. Talcott is recorded of one of the most eminent lawyers that ever practiced in this State.

Acute of intellect, with a wonderful memory, with all the attributes that constitute the great orator, he sprang into prominence like a meteor-and, alas, vanished in a similar manner. He was engaged in nearly every important case tried at the Circuit and later appeared frequently before the Supreme Court. With all his great gifts he had a foolish vanity under which he sought to make it appear that his talent was merely inspiration and that his greatest efforts were spontaneous for the occasion. While this weakened respect for him, it did not in the least lower the character of his triumphs at the bar. The later years of his life were marred by excessive indul- gence in stimulants which undoubtedly shortened his career.

Roscoe Conkling, the distinguished lawyer, politician and orator, was born in Albany October 3, 1829, and after receiving an academic edu- cation began law study at the age of seventeen in the office of Spencer & Kernan, Utica. He early manifested evidence of his great natural ability as a speaker and his fitness in other respects for a political leader. About the time of his admission to the bar when about twenty-one years old, he was appointed by the governor to fill a vacancy in the office of district attorney of Oneida county. Here he showed excep- tional ability and received the Whig nomination for the office for the succeeding term ; he was defeated. Plunging with ardor into law prac- tice, he rose rapidly in his brilliant legal career. In the examination of witnesses and in argument before juries he exhibited great power and genius, while his tenacious memory enabled him to store his mind with a wealth of legal lore. In 1858 he was elected mayor of Utica ; in 1859 he was elected to Congress, and from that date onward to 1881 he was chiefly occupied with public affairs. In 1867, while still a member ot the lower House he was chosen Senator from New York, and was re- elected in 1873 and 1879. He was a trusted adviser of Grant and an earnest supporter of Lincoln's war policy. In the important legislation of all that period he was conspicuous and influential. The last few years of his life were spent in practice in New York. In 1873 he was offered by Grant the chief justiceship of the U. S. Supreme Court, and the mission to the Court of St. James, both of which he declined. He died in New York April 18, 1888. The following estimate is from one who knew Mr. Conkling well :

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Our county and its people; a descriptive work on Oneida county, New York;, Part 24

Author: Wager, Daniel Elbridge, 1823-1896 Publication date: 1896 Publisher: [Boston] : The Boston history co. Number of Pages: 1612

Author: Wager, Daniel Elbridge, 1823-1896
Publication date: 1896
Publisher: [Boston] : The Boston history co.
Number of Pages: 1612