Our county and its people : a memorial record of St. Lawrence County, New York, Part 23

Author: Curtis, Gates
Publication date: 1894
Publisher: Syracuse, N.Y. : D. Mason
Number of Pages: 1328

USA > New York > St Lawrence County > Our county and its people : a memorial record of St. Lawrence County, New York > Part 23
USA > New York > St Lawrence County > Our county and its people: a memorial record of St. Lawrence County, New York > Part 23

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

The following persons held the position of first judge of this court : Nathan Ford, 1802 to 1820. David A. Ogden to 1824. John Fine to 1825. David A. Ogden to 1829. John Fine to 1838. Horace Allen and John Fine from 1843 until the adoption of the new constitution 18 46). The office was then made elective and at a special election in June, 1847, Edwin Dodge was chosen, and re-elected in 1851.

Those who held the office of judge down to 1845 were as follows, with the dates of their appointment: Alexander J. Turner, Joseph Edsall, March 10, 1862; Russell Attwater, Benjamin Raymond, Alex- ander Richards and Joseph Edsall, April 8, 1803 ; Roswell Hopkins, March 27, 1810; Russell Attwater, Benjamin Raymond, Alexander Richards, Roswell Hopkins, Robert Livingston, David A. Ogden, March 6, 1811 ; David A. Ogden, Robert Livingston, June 5, 1812 ; Russell Attwater, Alexander Richards, Roswell Hopkins, Benjamin Raymond, David A. Ogden, Robert Livingston, April 5, 1814 ; Russell Attwater, Alexander Richards, Robert Livingston, Thomas J. Davies, N. F. Winslow, April 15, 1815 ; Russell Attwater, Robert

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Livingston, T. J. Davies, J. Fenton, A. Richards, March 1, 1818; Amasa Hackley, jr., Jason Fenton, Robert Livingston, Ansel Bailey, Smith Stilwell, January 24, 1823 ; Robert Livingston, J. Fen- ton, Smith Stilwell, Ansel Bailey, March 28, 1828; David C. Judson, Jabez Willes, Asa Sprague, jr., Chauncey Pettibone, March 29, 1829; Minot Jenison, January 10, 1832; Minot Jenison, January 13, 1837 ; Zenas Clark, March 27, 1835 ; Minot Jenison, January 21, 1837; Edwin Dodge, George Redington, Phineas Attwater, March 19, 1845. (According to Mr. Hough this latter list may be incorrect, as James Averill, appointed judge of the Court of Common Pleas, 1840, Anthony 'Brown and Isaac R. Hopkins are known to have filled the office at some period.)

Assistant Justices -By appointment, Stillman Foote, John Tibbits, jr., March 10, 1802; Luke McCracken, Robert Livingston, Daniel W. Church, March 5, 1806; Daniel W. Church, Stillman Foote, April 8, 1808 ; John Tibbits, jr., Luke McCracken, Charles Cox, Daniel W. Church, Stillman Foote, David Ford, David Robinson, Reuben Ashman, March 16, 1811 ; Charles Cox, June 5, 1812 ; Daniel W. Church, John Tibbits, jr., Stillman Foote, David Ford, Daniel Robinson, Reuben Ashman, April 5, 1814; Reuben Ashman, Jason Fenton, D. W. Church, Richard Townsend, Zephaniah French, Timothy Pope, John Polley, Charles Hill, Caleb Hough, jr., April 15, 1815 ; Caleb Hough, jr., Moses A. Bunnell, John Lyttle, Reuben Streeter, N. F. Winslow, March 16, 1818.

The old Court of Common Pleas has given way to the present County Court for which the constitution of 1846 provided the election in each county, except the city and county of New York, of one county judge, who should have such jurisdiction in cases arising in Justices' Courts and in special cases as the Legislature might provide; but should have no original civil jurisdiction, except in such special cases. It has also equity jurisdiction in the foreclosure of mortgages, the sale of real estate of infants, partition of lands, assignment of dower, satisfaction of judgments, whenever seventy-five dollars or more is due on an unsatis- fied execution, and the care and custody of lunatics and habitual drunkards. The act of 1869 continued this jurisdiction and gave the court original jurisdiction in all cases where the defendants reside in

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the county and in which the damages shall not exceed $1,000. The term of office of county judge was originally four years, but was ex- tended to six years, upon election of successors to the incumbents then in.office, the new tenure beginning January 1, 1871. The following persons have held the office of county judge in St. Lawrence county : Edwin Dodge, June, 1847, to December 31, 1855 ; William C. Brown, January 1, 1856, to December 31, 1863 ; Henry L. Knowles, January I, 1864, to December 31, 1871 ; Charles O. Tappan, November, 1871, to December, 1877 ; Leslie W. Russell, November, 1877, to December 31, 1883 ; John M. Kellogg, November, 1883, to the present time.

The constitution of 1846 provided that two justices of the peace, to be designated by law, should be associated with the county judge to hold Courts of Sessions, with such criminal jurisdiction as the Legisla- ture should prescribe. Special judges are elected in counties to dis- charge the duties of county judge when required. The following have held the office of justice of sessions in this county: 1847, Joseph Barnes, James C. Barter; 1849, Joseph Barnes, C. Billing; 1850, Jos. Barnes, Silas Baldwin ; 1851-2, Joseph H. Beard, Silas Baldwin, (who held through 1853-56, with others whose names are not obtainable); 1857-58, Harlow Godard, Joseph Barnes ; 1859, Silas Baldwin, Joseph Barnes ; 1860, Silas Baldwin, Roswell Hopkins; 1861, O. D. Edger- ton, Harlow Godard ; 1862-64, O. D. Edgerton, Silas Baldwin; 1865, Silas Baldwin, W. Tanner ; 1866, W. E. Tanner, Harlow Godard ; 1 867-68, Silas Baldwin, George G. Simons; 1869-70, Silas Baldwin, A. S. Tucker ; 1871-2, Silas Baldwin, James Miller; 1873-5, Silas Baldwin, W. P. Smith ; 1876, A. S. Tucker, Rufus K. Jackson ; 1877, Cornelius Carter, A. S. Tucker; 1878, Cornelius Carter, George Backus.

Special County Judges .- 1854-55, William H. Wallace ; 1856-57, William H. Sawyer ; 1858, Edward Crary ; 1858-9, Harvey D. Smith ; 1860, Edward H. Neary ; 1861-3, Edward Crary ; 1864-6, Samuel B. M. Beckwith ; 1867-75, Edward H. Neary ; 1876-79, Vasco P. Abbott ; Gerrit S. Conger, present special judge.

The Surrogate's Court has undergone less change during its history in St. Lawrence county than any of the others. In the early times, even before the Dutch supremacy in this country was displaced by the

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English, there had been a short-lived Orphan's Court. The English introduced the Prerogative Court, which was in turn superseded by the Court of Probates after the Revolution. Surrogates were then appointed in each county, having much the same powers as at present, from whose judgment appeals to the Court of Probates lay. This was the system down to 1823, when the Court of Chancery took the place of the Court of Probates, as to appeals, the office of surrogate remain- ing as before. The Surrogate's Court in this county first convened April 28, 1805, with Mathew Perkins as surrogate. On that occasion the will of Ezekiel Colburn was proven by Elisha W. Barber and David White, witnesses, and admitted. On the 24th of August of the same year, the will of John Harris was admitted. The first intestate estate in the county was presented to that court and administration granted thereon in 1806; it being the estate of Royal Chapman, of Madrid, and Stephen Eldridge was appointed administrator. Mathew Perkins, the first surrogate, died, and his estate was administered upon by his suc- cessor, Andrew McCollom. The surrogates of the county have been as follows: Mathew Perkins, 1802 until his death ; Andrew McCollom, 1809 to 1813; Gouverneur Ogden, 1813 to 1820; Silas Wright, jr., 1821 to 1823; Horace Allen, 1824 to 1840; James Redington, 1840 to 1844; Charles G. Myers, 1844 to 1847; Benjamin B. Baldwin, 1847 to 1855 ; James Redington, 1856 to 1859; Harvey D. Smith, 1860 to 1863 ; Stillman Foote, 1864 to 1877 ; D. A. Johnson, 1878 to 1883 ; V P. Abbott, 1883 to January, 1893; John A. Vance, 1893 to the present time.

District Attorney .- This office has undergone considerable change. Early in the century the State was divided into seven districts, for each of which there was an assistant attorney-general. The present office, as distinct from the attorney-generalship, was created in 1801. Since 1818 each county has had its own district attorney, the name being preserved in its original form. The district attorneys who have held the office in this county are as follows: Amos Benedict, Samuel Whittlesey, Amos Benedict, Jesse L. Billings, and Ela Collins, while Lewis and Jefferson counties were united in one district with St. Law- rence county. Since 1818 John Scott, who was succeeded by Bishop Perkins; John W. Grant, 1840; Wm. A. Dart, 1845. When the office

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HISTORY OF ST. LAWRENCE COUNTY.

became elective, Charles G. Myers was the first incumbent, elected in June, 1847, and re-elected in 1851, served to 1853 ; Thomas V. Russell, 1854-60; B. H. Vary, 1861-69; Leslie W. Russell, 1870-72 ; J. R. Brinkerhoff, 1873-1878 ; L. C. Lang, 1878-1885 ; Charles A. Kellogg, 1885-1894; Ledyard P. Hale, present incumbent.

The sheriffs of this county, with the terms of service, have been as follows : 1802, Elisha Tibbitts; 1803-6, Thomas J. Davies ; 1807-10, John Boyd ; 1811-13, Thomas J. Davies ; 1814-17, Joseph York; 1818- 25, David C. Judson ; 1826-28, Levi Lockwood; 1829-31, Minot Jeni- son ; 1832-34, Lemuel Buck; 1835-37, Jonathan Hoyt; 1838-40, Luman Moody; 1841-43, Benjamin Squire ; 1843-46, Noble S. Elderkin ; 1847-49, Josiah Waid ; 1850-52, Henry Barber; 1853-55, Reuben Nott; 1856-58, Paine Converse ; 1859-61, Shubael R. Gurley ; 1862-64, Lorenzo Chamberlain ; 1865-67, Edward J. Chapin; 1868- 70, William E. Tanner ; 1871-73, William H. Walling ; 1874-76, Ed- ward J. Chapin ; 1877-79, Orson O. Wheeler; 1880-82, Alexander Mathewson ; 1883-85, Lorenzo Smith; 1886, .L. Bailey ; 1887-89, O. O. Wheeler; 1889-92, E P. Backus, and Loren H. Wilson to present time.1

BIOGRAPHICAL.

Benjamin G. Baldwin .- He was born in Bradford, Vt., and died at Potsdam Junction (Norwood) January 21, 1873. (See history of the vil- lage of Norwood in later pages.) Mr. Baldwin was prepared for college at academies in Bradford and Hartford, Vt., and graduated from Dart- mouth college in the class of 1826. After a brief period of teaching he began the study of law in White Creek, N. Y., and removed to Potsdam village in March, 1828. There he finished his studies with Horace Allen, and was admitted to the bar in 1832. He practiced with Mr. Allen, with William A. Dart, or alone, until the fall of 1850, when he took charge of the station on the new Northern Railroad at what is now Norwood. There he founded the present village on land that largely belonged to him. In June, 1847, he was elected surrogate, and was re-elected in 1851. January 1, 1856, he began a three years' term

I The reader will find an account of the several court houses and jails, as well of other county buildings and institutions, in earlier pages of this history.

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as clerk of this county, requiring his removal to Canton. Returning to Potsdam Junction at the close of his term he there passed the re- mainder of his life. In the spring of 1867 he was appointed register in bankruptcy of the congressional district comprising the counties of St. Lawrence and Franklin. He married in August, 1833, Mary Ann Lamphier, who died in October, 1835. He married in October, 1837, Emeline Lamphier, sister of his first wife. Mr. Baldwin's life was a beautiful example of Christian benevolence and good will to his fellows, and his life work was imbued with honesty and uprightness. These added bright lustre to his reputation as a lawyer.

John Fine .- This pioneer in St. Lawrence county was born in New York August 26, 1794 He entered Columbia College in 1805 and graduated in 1809, and afterwards studied law and attended law lec- tures at Litchfield, Conn. He settled in St. Lawrence county in 1815 and formed a partnership with Louis Hasbrouck. In 1824 he was appointed first judge of the county and was continued such by reap- pointment until March, 1839. In the fall of 1838 he was elected to Congress. In 1844 he was again appointed first judge and held the office until the adoption of the new constitution, 1847. During his long career on the bench only three of his decisions were reversed. In 1848 he was elected to the State Senate. Judge Fine received the degree of A.M. from Columbia College in 1812, and that of LL.D. from Hamilton. In 1847 and 1849 he was nominated for judge of the Supreme Court, but was unsuccessful. From 1821 to 1833 he was county treasurer. He was a man of very high attainments, and in the various benevolent movements of his time he was among the foremost. He died January 4, 1865.

Silas Wright .- This illustrious citizen of this county was born in Amherst, Mass., May 24, 1795, and was taken by his parents while an infant to Weybridge, Vt. After an academic course he attended and graduated from Middlebury College. Having studied law with Henry C. Martindale at Sandy Hill, N. Y., he was in 1819 licensed to practice as an attorney in the Supreme Court, and in that year settled in Canton. Here he soon acquired a good law practice and gained the esteem of his fellow citizens and public confidence. He was appointed surrogate in 1821, and was made postmaster of the place; he also held other

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town offices and passed by promotion through several grades of military position to that of brigadier-general. As a magistrate he discouraged litigation, and as a lawyer he was especially eminent for his success in drawing from witnesses the statements bearing upon cases, without touching their feelings by rudeness or satire. His arguments were always lucid and logical, and carried conviction to the hearer. In all public affairs he took an active interest. He became prominent in politics, and in the fall of 1823 his friends, without his knowledge, pre- sented his name to the Republican Convention of the Fourth Senatorial District, at which he was unanimously nominated by them. His vote in the county was 1,419, and that of his opponent 20. While in the Senate at that and the following sessions, Mr. Wright assumed from the first a conspicuous and influential position. In 1826 he was elected to Congress, and was made a member of a committee which had im- portant work bearing upon the then leading questions of tariff. At the next congressional election he was defeated through the omission of "jr." in his name on some of the ballots. Early in 1829 he was appointed comptroller and held the office until 1833. when he was chosen United States senator, taking his seat in that august body at the early age of thirty eight. He was re-elected in 1837. At the National Convention of 1844 the nomination for vice president was tendered him, but he declined. In 1842 he declined the proffered nomination for governor, as he had also that of the office of judge in the United States Supreme Court. In 1844 he was nominated for governor and elected. In 1846 he was defeated for the same office. At the close of his official term Mr. Wright returned to Canton and engaged in practical agriculture, an occupation for which he had especial fondness. Among the names of many eminent citizens who have left their record in this county, that of Mr. Wright stands perhaps at the head. His biography forms the third volume of Ham- mond's Political History of New York. Mr. Wright died suddenly in the summer of 1847, just after accepting an appointment to deliver an address before the State Agricultural Society.

David A. Ogden was a son of Abraham Ogden, who was a lawyer of Newark, N. J., and was the eldest of twelve children. After the death of their father, David A. and Thomas L. Ogden, brothers, became

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owners of the lands of the town of Madrid, one-third of which they sold in 1803 to Joshua Waddington. David A. Ogden studied law with his father, settled in New York and began practice with his brother. They formed a business connection with Alexander Hamilton, which gave them prominence and terminated with the memorable duel in which Hamilton was killed. Mr. Ogden continued the practice of law in New York until 1812, when he retired and carried out a cherished plan of settling on the island opposite the village of Waddington. There he carried on farming and rural employments. He was elected to Con- gress, 1817. 19, and held the office of first judge of the county 1821 24, in which positions he won the confidence and esteem of his fellow citi- zens. His death occurred at Montreal, June 9, 1829, at the age of sixty years.

Thomas J. Davies, one of the pioneers in the judiciary of this county, although not a lawyer, was a native of Washington, Conn., and came here in 1800, taking up a farm eight miles from Ogdensburg, on Black Lake. He soon took an active part in public affairs. He was the first acting sheriff, 1803-6, and 1811-13 ; and also held the office of county judge for a time. He was a Democrat in politics. Judge Davies died on his farm April 18, 1845.

Nathan Ford was one of the early settlers of the county. He was a native of Morristown, N. J., born December 8, 1763. In early life he secured the confidence of some of those who had become interested in the lands of Northern New York and came hither on a tour of exploration. He was appointed first judge of the county and held the office many years. In politics he was a Federal. He died in April, 1829, after a life of usefulness. (See town history of Oswe- gatchie).

Louis Hasbrouck -He was one of the early attorneys who attained prominence ; was born at New Paltz, Ulster county, N. Y., April 22, 1777, and was educated in Nassau Hall, Princeton, graduating in Sep- tember, 1797. He studied law in New York and was admitted at Albany in 1801. While at Albany he met Judge Ford, who persuaded him to settle in Ogdensburg, which he did and was appointed first clerk of the county, which office he held through two long periods. In Ogdensburg he practiced law until his death and was intimately asso-

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ciated with its growth and prosperity. He was a man of the highest rectitude, modest and unassuming, he was respected and beloved by all. In 1832 he was elected State senator, and was a member of that body at the time of his death, August 20, 1834.

Roswell Hopkins-Born in Amenia, N. Y., in May, 1757; was a Revolutionary soldier, settled in Arlington, Vt., and at the time of the early settlements in this county, he removed to a large tract of land in Hopkinton, and was one of the foremost citizens in promoting the growth and advancement of this region. He was appointed a judge of the Court of Common Pleas in 1800, and held it during a later term. He was elected to the Legislature four successive years, 1810-13, and honored the office with integrity and ability. He died September 5, 1829.

David C. Judson was not a lawyer, but held distinguished position on the bench in this county. He came with his father to this region and settled on Black Lake. In 1811, when Thomas J. Davies was appointed sheriff, Mr. Judson undertook the performance of the duties of that office for him, in the territory east of the east line of Canton and Lisbon. For this purpose he located at Hamilton, now Waddington. In 1818, he was appointed sheriff. Adhering to Mr. Clinton in the division of Democratic politics, he was removed from the office upon the triumph of the Bucktails in 1821. He was at once nominated and elected to the State Senate. Under the new constitution in 1822 all legislative and judicial offices were vacated, and Mr. Judson declined renomination. Identifying himself prominently with the movement for the removal of the county seat, he was elected to the Assembly in 1818 largely on that issue. From 1829 to 1840 he was one of the county judges, and in the fall of 1829 was chosen cashier of the Ogdens- burg Bank, resigning in 1840. In the fall of that year he was appointed collector of the district of Oswegatchie. He died May 5, 1875, in the esteem and respect of the whole community.

William C. Brown, son of Hon. Anthony C. Brown (the latter an attorney of Ogdensburg), was born in 1820. He studied in his father's office and was admitted to practice in October, 1841. In December following he became a partner with Judge Amaziah B. James, which

a x Parker

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continued twelve years, when the latter was made judge of the Supreme Court. He held the office of county judge from January, 1856, to the beginning of 1863. In this year he was a delegate to the State Con- vention from the First Assembly District, and was the first mayor of Ogdensburg He was justly distinguished in his profession, possessed a clear, comprehensive and logical mind, and was conspicuous in all good works. He died December 12, 1870.

Charles Y. Fullington was born in Madrid, February 3, 1864, and was educated at the Canton Union School and at the St. Lawrence Univer- sity. He read law with the Hon. Worth Chamberlain, and has held the office of justice of the peace two years. He married Belle, daugh- ter of R. M. Emerson, of Canton. Charles Y. Fullington is a son of W. B. Fullington, a native of Madrid, son of Ira Fullington, one of the first settlers of the town, born in Vermont in 1800.

Calvin Harrison Smith was a young attorney whose promise of an eminent career was blighted by death. He was a graduate of Yale Col- lege in 1860, studied in the office of Bart & Tappan, and was admitted in 1863. He assisted William A. Dart in his position as United States district attorney. He afterward went to Chicago, formed promising business connections there, and was just entering a career of usefulness when he returned to Potsdam and died July 24, 1868, aged twenty- four years.

John R. Brinkerhoff was born in Turin, N. Y., May 23, 1830, and died at Lyons, Kansas, October 1, 1889. He studied law with Thomas J. Spriggs, of Lowville, and after his admission removed to Norfolk, this county. He was conspicuous in the war period in raising volun- teers; was a Democrat in politics and afterwards a Republican. In 1870 he was elected district attorney and held the office nine years. He afterwards ran for senator and was defeated by a small majority. He was an able lawyer and a vigorous public prosecutor. In 1882 he re- moved to Kansas, where he was prominent in public and private life.

Silas Baldwin .- This eminent member of the bar of Lawrence county was born in Dorset, Bennington county, Vt., May 15, 1797. He was educated in Middlebury College, graduating in 1821, read law in Ver- mont and settled in Canton in 1824. There he entered the office of 33

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HISTORY OF ST. LAWRENCE COUNTY.

Silas Wright, and was admitted to practice in this State in 1828. Meanwhile he had become a partner with Mr. Wright. He was elected justice of sessions in 1850, and held the position with honor and ability until 1875. Previous to his incumbency of this office he had been a justice of the peace after 1825 to 1842 ; was supervisor of the town of Canton several terms, and was elected to the Assembly in 1854-5. He was postmaster of Canton 1826 to 1833. In these various public sta- tions Mr. Baldwin exemplified the life of the good citizen and consist- ent Christian. He was married in February, 1826, to Harriet, daugh- ter of Jeduthun Farwell; she died in 1828, and in 1829 he married Elizabeth Strong. Mr. Baldwin continued his labor until just before his death.

Horace Allen .- He was born in Williston, Vt., April 24, 1789. Mainly by his own exertions he fitted himself for college and graduated from the University of Vermont in 1812. He studied law in Essex, N. Y., and began practice in Potsdam in 1816. He promptly assumed a prominent position, not only at the bar, but in the pro- motion of all public affairs. In the year 1824 he was appointed surrogate and held the office until 1840. In 1838 he was appointed first judge of the Court of Common Pleas, and held the office until 1842. He was also postmaster of the village for a number of years. He was a leading member of the Presbyterian Church. Mr. Allen died May 24, 1866.

Bishop Perkins was born in Becket, Mass., September 5, 1787, and died November 22, 1866. He was educated in Williams College, and studied law in Troy and with Joseph Kirkland of Utica. He settled in Lisbon soon after the war of 1812, and a little later removed to Ogdens - burg. He succeeded John Scott as district attorney and held the office with honor and ability about twenty years. He was in the Assembly and member of Congress, where his services were conspicuous. In politics he was a life-long Democrat. " The leading trait in his char- acter as a public officer was his unselfish devotion to the maintenance of whatever his judgment dictated as right." The bar of the county erected a monument on his grave and placed upon it a suitable inscrip- tion,

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Charles G. Myers was born in Madrid, in this county, February 17, 1810. He attended the St. Lawrence Academy and at the age of six- teen entered the law office of Gouverneur and William Ogden, at Waddington, and was admitted in October, 1832. In the next year he formed a partnership with Hon. Ransom Gillett, at Ogdensburg. In 1 844 he was made surrogate and served four years ; in 1848 was mem- ber of assembly ; in 1847 was elected district attorney and re-elected, serving until January 1, 1854; in 1859 he was elected attorney- gen- eral. He was conspicuous in the war period as a member of the Military Board and chairman of the Military Committee of his district. In 1873 he was appointed canal appraiser. A Democrat in his early years, he became a Republican when that party was organized and remained such until his death. It was written of him that "He stood a peer among his associates, having great consideration for others ; gentle- manly, unpretentious," and with admirable social qualities. He died March 31, 1890.

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Our county and its people : a memorial record of St. Lawrence County, New York, Part 23

Author: Curtis, Gates Publication date: 1894 Publisher: Syracuse, N.Y. : D. Mason Number of Pages: 1328

Author: Curtis, Gates
Publication date: 1894
Publisher: Syracuse, N.Y. : D. Mason
Number of Pages: 1328