USA > New York > The bench and bar of New-York. Containing biographical sketches of eminent judges, and lawyers of the New-York bar, incidents of the important trials in which they were engaged, and anecdotes connected with their professional, political and judicial career > Part 56
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BLOCK ISLAND, which is nominally a part of Rhode Island, was the birthplace of Wm. G. Angel. Early in the seventeenth century, his ancestors emigrated from Warwick, England, and settled in the colony of Mas- sachusetts. They belonged to the Society of Friends ; and accompanied Roger Williams to Rhode Island, and settled at Providence, where many of the descend- ants of the family still reside. At length the grand- father of Mr. Angel removed to New London, Con-
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necticut, where his father was born. His mother was a daughter of Stephen Gordon, of Colchester, Con- necticut. She, too, belonged to the Society of Friends.
During the Revolutionary war, his father was favorably disposed to the cause of liberty, and fur- nished such aid as was consistent with the principles of the sect to which he belonged ; yet he was subjected to many annoyances, and serious losses-losses which reduced him nearly to poverty itself. He eventually removed to Block Island, where, on the 17th day of July, 1790, his son, William G. Angel, was born ; be- ing the youngest of seven children. When William was two years old, his father removed to Richfield, Otsego county, New York; then, an almost unbroken wilderness. Amid the wild scenes-the grand woods -and by the side of the bright shimmering streams of Otsego, Mr. Angel received his first impressions of life. In a house formed of logs, covered with strips of elm bark -the floor of which was made of split logs faced with an ax, he first knew the sacred and tender affections of home-the unwearied watching and cheerful sacrifices of parents, and all the endear- ing offices of brothers and sisters, which shed a serene and holy light in that humble home. In the years of his prosperity and success, when mingling with the great, the learned, and the gifted, memory often car- ried him back to that home of poverty :
" And again returned the scenes of youth, Of confident and undoubting truth,"
and he sighed for the happy hours, which even amid toil and privation he had passed there-for the loved ones he should see no more.
As the boy increased in years, he developed a bright, inquiring mind. At length he began to share with his father the labors and hardships of the day, and these were great ; for their nearest grist mill was at Fort Plain, on the Mohawk, thirty miles distant, and the nearest store was at Cooperstown, eleven miles
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away. For several years the family depended upon the deer which abounded in the forest, and the trout which swarmed in the streams, for the meat they used. When William was old enough, it was his delight, with dog and gun, to hunt for deer or fish for trout. Occasionally while hunting, a black bear would cross his path, and then a steady hand, a sure aim, always brought Bruin to the ground. Sports like these enlivened his life of labor, and lent a charm to its hardships.
The family of Mr. Angel had been at Richfield sev- eral years before a school was established there, and William learned the alphabet from an elder sister, who, in due time, taught him to read. When he was seven years old, a school was opened, four miles from the residence of his father. A relative resided near the school, and with him the boy boarded for the term of seven or eight months and attended school. His studies were confined to the spelling book. So rapid was his progress, that at the close of his term, he could repeat almost every word in Webster's spelling book, and was an excellent reader. Leaving this school, he returned home and remained with his father on the farm, until he attained his seventeenth year, laboring during the summer, and occasionally attending school during the winter. The common schools of that day afforded, at best, indifferent ad- vantages. The only books to which young Angel had access during these years, were the Bible, a part of Shakespeare's works, Barcley's Apology for the Quakers, Webster's Third Part, and the Colum- bian Orator. These works he studied with the most unremitting industry, committing large portions of them to memory. Like many whose lives have adorned the "Bench and the Bar," Mr. Angel ever de- rived from Shakespeare a never-failing source of in- tellectual delight. He always had a true and just appreciation of that "great poet of humanity, whose every page furnishes us with intensified expressions,
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where some happy word conveys to us a whole train of ideas condensed into a single luminous point."
At length a circulating library was established in the neighborhood. To gain access to this, was the ruling desire of his heart. But there was an almost insurmountable obstacle in his way. Before he could be admitted to this intellectual banquet, he was obliged to pay the sum of two dollars-an amount far beyond his reach. So limited were the means of his father-so pressing was his need of money, that he could spare none to his son, and as the young man had no friend from whom he could borrow, fortune seemed to deny him access to the books.
Learning that a man living some distance from his father owned two shares in the library, one of which he desired to sell for the sum of two dollars, he im- mediately sought this man, and made an arrangement with him by which he was to take the share, and in payment, work for the owner on his farm. And now the coveted treasures were open to him. The "Meccas of the mind" were before him, and his every faculty paid tribute to them. His mind was enlightened and disciplined by the accuracy of the logician-the pene- trating spirit of philosophy-the intuitions of genius -the researches of history-the science of the mind- the spontaneous utterances of the gifted and inspired poet. Compelled to labor in the field, like Ben Jon- son who carried a trowel in one hand and a book in his pocket,-young Angel carried a book in his pocket, and seated on the plow beam, while his team was resting, he studied the classic page. When moving over the well-turned furrow, he meditated upon his studies, and grafted on his mind all he had read. When night came, his book was again his companion ; and thus for several years, his life was the scene of labor and study. Thus, struggling with all the disadvantages of his narrow circumstances, gifted with great industry, and a retentive memory, he mastered every minute portion of the works he
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read ; thus his acquirements were lasting and valua- ble. His mind had now become too active, and his ambition too great, to be contented with his manner of life ; he therefore left his father's home and en- tered a store, which had been established near the residence of his father, in the capacity of clerk and salesman. But he soon learned that in this, he had mistaken his calling. So much of his time was given to his books, that his employer complained of him.
One day, with book in hand, he was engaged in transferring a quantity of whiskey from one barrel in- to another. At length his book caused him to forget his occupation, and before he was aware of it, several gallons of the liquor found a lodgment on the cellar floor. After remaining in the store four months, he became thoroughly disgusted with trade, and leaving the business, he returned again to the labors of the farm.
In the autumn of 1808, Doctor Buckingham, a graduate of Yale College-a physician of fine attain- ments and a ripe scholar-settled in the neighbor- hood, and in the winter following opened a grammar school. It had long been the desire of young Angel to attain a knowledge of English grammar, and this was the first opportunity which presented itself for his pursuing this branch under a competent teacher ; he therefore resolved to attend Doctor Buck- ingham's school. Upon consulting with his father he found him at first opposed to the project, as he desired his son to follow the avocation of a farmer, and believed that his education already sufficiently qualified him for that business. But at length he gave his consent, with the understanding that Wil- liam should see that the winter's wood was drawn to the door, and prepared for the fire, and that he should also take care of the stock on the farm, nights and mornings. To this, the young man readily consented. But now another difficulty presented itself. He had no grammar, and what was still worse,
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no money with which to buy one. He endeavored to find some employment by which he could earn sufficient means to purchase the desired book, but failed in this. What could he do? The school was soon to commence, and he was entirely unprepared. At length fortune favored him. In a part of the house which was seldom visited, stood an antique desk, which had been removed from Rhode Island. It was the receptacle of a confused mass of rejected trumpery of little value.
One day, while searching for some article in this desk, he accidently discovered a pair of solid silver shoe buckles, once worn by some pains-taking ances- tor. The thought at once occurred to him, that with those buckles he could gain the means to obtain the book he so much needed. His plan was instantly formed, and although it was a cold and stormy day, late in November, and now ten o'clock in the fore- noon, he started on foot for Cooperstown, a distance of eleven miles. Through sleet and rain, he reached that village, and succeeded in disposing of the orna- ments to a silver smith residing there, receiving in payment the sum of one dollar and thirty-five cents, which was a sufficient sum to purchase the book, and some refreshments. With his highly prized volume, he reached home before night, chilled and weary, but happy in the possession of a copy of Lindley Murray's Grammar.
Early in December, 1807, he entered the school of Doctor Buckingham. He was obliged to walk a mile to reach the school, and yet, with all the difficulties in his way, he made such progress in his studies, that his teacher declared that he had pursued the study of grammar before entering his school. He continued under the tuition of Doctor Buckingham during the winter of 1807-8, and in the following spring entered the office of the doctor as a medical student. After pursuing the study of anatomy with energy eight months, he became satisfied that nature
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never intended him for a physician or surgeon. He therefore returned again to his labors on his father's farm. Young Angel was now in his nineteenth year. He had been a farmer, a merchant's clerk, and a med- ical student-all of which were alike distasteful to him. He was at a loss to decide upon an occupation which he could follow with any pleasure and profit. During the summer of 1809, he continued to labor on his father's farm, devoting every leisure moment to his books, but without any plan for the future. At length an event occurred which changed the whole current of his life, and directed him to that profes- sion for which nature had so well adapted him.
Early in September, 1809, a suit was commenced before a justice of the peace, residing in a neighbor- ing town, by a man who charged the defendant with fraud and deceit in selling him a cow. It was to be a jury trial, and the interest in the suit was increased when it was known that Colonel Farrand Stranahan was to try the case for the plaintiff, and William Dowse, Esq., for the defendant. These gentlemen were then young, but eminent members of the Otsego bar, residing at Cooperstown. The former subse- quently attained a high position in the political his- tory of the State, and represented his district in the Senate of the State several years.
On the day appointed, the trial took place in the presence of a large number of people. Among the witnesses subpoenaed for the plaintiff, was young An- gel. He appeared at the trial fresh from the plow field, attired in a tow frock, and pantaloons of the same material, large enough for meal bags, so short that they hardly reached to the top of his half-worn blue stockings, which were thrust into a pair of cow- hide shoes, the toes of which were open to the weather, while his hat had the appearance of having once belonged to some trans-Atlantic ancestor.
In addition to this he was covered with dust and per- spiration,-in fact, he stood before the court the very
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picture of rusticity. He had never witnessed the trial of a law-suit-never seen a lawyer. He had read of such beings, it is true-but precisely how they appeared or acted, he had not the remotest idea. To him, therefore, the proceedings of this trial were in- vested with more than dramatic interest. With won- der and astonishment he watched every movement in the case. When an objection was taken to the intro- duction of evidence, and counsel argued for and against its introduction, he believed himself in the presence of the most wise and learned men in the world. Even the little squint-eyed justice, whom the lawyers addressed as "your honor," in his eyes was clothed with grand judicial power and authority. In after years, when standing before Spencer, Tompkins, Platt, Yates, Cowen, and Marcy, surrounded by the great lawyers of the State, he did not regard them with half the reverence and awe which he felt for the justice who repeated to him his first oath.
Young Angel was the principal witness for the plaintiff, and he gave clear, distinct and intelligent testimony. The rigid and searching cross-examina- tion to which he was subjected was endured with a self-possession which exhibited a well-poised and en- lightened mind. The keen lawyers soon learned that beneath the homely garb of the rustic witness, there breathed a gifted soul,-replete with thought-ener- gized by reading and self-culture.
After the evidence was closed, he remained to hear the counsel "sum up," and listened to their remarks with a feeling of wonder and delight-almost of awe. During the entire discussion, he seemed laboring under the spell of enchantment, and thought he would ex- change the wealth of the world, were it his, to be able to talk as they did on that occasion. The novelty of the event undoubtedly enhanced its importance in his mind, and never having heard a public speech of the kind before, he very naturally attributed to the remarks of the counsel a degree of excellence at least equal to
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their merits. From that moment he conceived a wish to become a lawyer. The idea, however, was but im- perfectly entertained, and, on contem plating the sub- ject in all its aspects, the difficulties that presented themselves to his mind left him only a vague and undefined hope, rather than any settled purpose or determination. When the trial was over, Mr. Dowse requested him to assist in catching his horse in the pasture, which was very bad to catch. He very readily consented to do so, and displayed so much activity and tact in quieting and catching the animal as to attract the favorable attention of Mr. Dowse, who pro- prosed to take him into his employ, to do the work in his garden and about his house and office, take care of his horse, make fires, and assist in the cultiva- tion of a small farm, for which he offered to pay him eight dollars a month besides his board. Upon con- sulting his father, he consented to the arrangement, and on the 17th day of September, 1809, William went to reside with Mr. Dowse, at Cooperstown. He commenced his services with his employer in harvest- ing a field of buckwheat, and soon found that he could do all the work required of him in one or two hours in each day. Having much leisure time, he asked Mr. Dowse to allow him to read some of his books, to which he cheerfully assented. Mr. Dowse had a partner at this time, of the name of Flagg, who was a graduate, and who instructed Angel in some of the higher branches of mathematics, and under his advice he commenced reading Blackstone. Much of his time was spent in the office, and he soon became deeply interested in the study of his book, which seemed to open to his mind not only a broad field of investigation, but also principles and a science more congenial to his genius and intellect than had ever before fallen under his observation.
Mr. Dowse was a man of social feelings and fami- liar habits. Mr. Angel occasionally asked him ques-
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tions in relation to matters he had been reading, and he freely explained whatever appeared obscure and was not readily understood. After having on several occasions discussed the subject of his reading, he was one day surprised by Mr. Dowse exclaiming :
"Young man, you must study law-you are a lawyer already-you have it in the natural way."
To this he suggested an objection in his situation in life. He informed Mr. Dowse he had not a shilling in the world, nor a friend who was able to help him ; and as it would require a period of seven years to complete his studies, he regarded the project as almost impossible of accomplishment. That gentle- man, however, encouraged him to undertake it, as- suring him he would succeed, and pointed out to him a variety of ways in which he might soon be able to earn sufficient to pay his expenses ; and in the benev- olence of his heart set earnestly at work to aid him. He prepared the necessary certificate of clerkship and filed it in the proper office, and at the age of about twenty Mr. Angel found himself regularly installed as a student at law. And here commenced his first great struggle in the battle of life.
He remained with Mr. Dowse several years, during which time he supported himself by managing causes in justices' courts and by teaching school, for which latter occupation he had qualified himself by the severest application.
In 1812 he was married, and, thus subjected to the additional expense of providing for a family, his de- termination and perseverance strengthened with every new difficulty which presented itself, and he never dreamed of a failure.
In the autumn of 1812, Mr. Dowse, his friend and patron, was elected representative in Congress from the fifteenth Congressional district, but he was pre- vented by death from reaping the honors thus be- stowed upon him ; he died on the 18th of April, 1813. This event was a severe blow to Mr. Angel. Through 47
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all the eventful scenes of his life, the memory of this friend remained fresh in his mind.
After the death of Mr. Dowse, Mr. Angel was for a time under the instruction of Colonel Stranahan, with whom he made rapid proficiency in his studies.
In the autumn of 1816, he removed to Sherburn, in the county of Chenango, and entered the office of William Welton, Esq. Mr. Angel was now so ad- vanced in the knowledge of law and the detail of practice, that Mr. Welton offered him a salary of three hundred dollars per year and his board.
Under this arrangement he remained at Sherburn several months, when Luther Elderken, of Burlington, Otsego county, a lawyer controlling a lucrative prac- tice, desired him to enter his office as an equal part- ner, although he was not yet admitted to practice. This offer was so advantageous to Mr. Angel that Mr. Welton generously released him from his engagement, and the former accepted the offer of Elderken. This relation continued until October, 1817, when Angel was duly admitted to practice. After that event, he still continued his business relations at Burlington.
At length Mr. Elderken absconded, taking with him large sums of money collected by the firm, be- longing to various clients, leaving Mr. Angel to refund the amounts out of his own means. This was a seri- ous misfortune ; but his creditors were exceedingly lenient, and he remained in practice, conducting the business alone.
Mr. Angel at length found himself established alone in business, and admitted as an attorney, but incumbered with a family and largely in debt, not only on his own account, but on account of the late partnership, from which he had derived a bare sub- sistence. His business was still further crippled and reduced by the passage of a law by the Legislature in 1818, extending the jurisdiction of justices of the peace to fifty dollars, which destroyed nearly one-
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half of the business of attorneys. Relying upon his own strength, he set himself resolutely at work, with no thought of yielding for one moment to this load of accumulating evils. From the time Elderken left, he labored incessantly, night and day, in season and out of season, saving all he could, and neglecting no op- portunity of earning a shilling in any honest and laudable manner. Necessity had somewhat improved his habits of economy, and on a calm survey of his condition, he saw no occasion to despair. Too poor to keep a horse or to hire one, he repeatedly walked ten miles on foot, to attend a suit in a justice's court, and carried his books under his arm, returning in the same manner when the trial was over. About this time, also, there were many applications to do sur- veying. Not having any knowledge of the science, he resolved to learn it, and immediately procured the necessary books and instruments, and commenced the study without any instructor. In connection with his study, he commenced practicing upon an old farm adjoining the village, which was laid out into large fields for pasturing, and with the aid of some boys to carry his flags and chains, he surveyed this farm into lots of all conceivable shapes and dimensions. In this way he acquired a complete knowledge of surveying, and was frequently employed at that business. He was then appointed a commissioner of deeds, which, together with his surveying and making conveyances, was soon a very considerable source of revenue. From this period, his friends multiplied, business increased,' and in two or three years he had discharged all his own debts, and all the debts with which his late part- ner had incumbered the firm, including the money of the clients which he had applied to his own use.
An obstacle in the way of his early success as an advocate was found in a feeling of diffidence and re- serve, that it was almost impossible to overcome. A nervous embarrassment seemed to beset him whenever he entered the court and mingled with his seniors in
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years and in the profession, which appeared somewhat inconsistent with the tremendous energy and unyield- ing fortitude he had exhibited in his struggle for a place at the bar. To account for this feeling or to overcome it was equally difficult, and for three or four years after his admission to practice, he did not venture to address a jury in a court of record.
The bar of the county of Otsego at this period was one of the ablest in the State, embracing such men as Samuel Starkweather, Isaac Lulye, Jabez D. Ham- mond, Robert Campbell, Levi Beardsley, and Alvan Stewart, then in the vigor of manhood and in the full tide of successful practice. To assume a rank among such men, required no ordinary talent and prepara- tion, and no slight degree of resolution and moral courage. The difficulty of overcoming the feeling of reserve which seemed to control the energies of Mr. Angel was daily increasing ; but at length he was in- debted to an unforeseen incident which developed the latent strength of his nature. He was employed to collect a promissory note, and brought a suit upon it in the Supreme Court. The defendant appeared in the action, and merely interposed the plea of the general issue, which did not, however, as the rules of pleading then were, apprise the plaintiff of the real nature of the defense ; and it was only a day or two before the sitting of the court, that Mr. Angel learned that the defendant intended to contest the note on the trial, on the ground of forgery. Supposing that he could readily engage some of the older members of the bar to aid in trying the cause, he waited until the open- ing of the court, when, on applying to them, he found every lawyer whose services were worth employing already engaged on the opposite side, with Mr. Starkweather for the leading counsel against him. The cause came on, and he sat down to the trial alone, with feelings that can be better imagined than des- cribed. The evidence commenced in the morning and was not closed until evening, when the court ad-
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journed for tea. The trial was severely contested, every inch disputed, and called out all the skill and legal acumen of the respective counsel. Mr. Stark- weather at that time held a commanding position as an advocate, ruled the bar by his influence, and was considered almost invincible before a jury. He summed up the cause for the defendant in an able, el- oquent and brilliant manner, exceeding many of his proudest efforts, and took his seat with a confident air of anticipated triumph. When he had concluded, Mr. Angel rose to reply under a depressing degree of embarrassment. He felt the full importance of the occasion to himself as well as to his client, which at the moment seemed almost sufficient to overwhelm him, and when he commenced speaking he could hardly articulate a single sentence. Nerving himself, how- ever, for the effort, he gradually recovered his self- possession, and proceeded to review the evidence and the arguments of the opposing counsel. It was the first time his intellect had been taxed to the utmost, and as much to his own surprise as that of others, he found himself possessed of resources sufficient for the emergency. He brought to his aid a clear mind and discriminating judgment, with a faculty for plain and familiar illustration, that is seldom met with in the mind of an advocate to an equal extent. He pro- ceeded deliberately to dissect and overturn the argu- ments and positions of his adversary, who throughout his entire address to the jury manifested great un- easiness, and repeatedly interrupted him by calling upon the court to protect him and insisting that Mr. Angel was out of order. The court refused to inter- fere, and decided that he was strictly in order, and that his argument was entirely fair and legitimate. The effort was a complete and most gratifying tri- umph. The court charged the jury on the law of the case, who then retired, and after an absence of only five minutes, returned into court with a verdict for the plaintiff for the entire amount of his note.
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