USA > New York > Saratoga County > The bench and bar of Saratoga County, or, Reminiscences of the judiciary, and scenes in the court room : from the organization of the county to the present time > Part 17
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field in 1804-5-6-7. He was a prominent member of the Milton Baptist church, (Stone church) and had much to do in the formation and maintenance of that society, in the then new settlement where he resided. He was one of the six or eight men in Greenfield who formed one of the first temperance societies in this county, in 1809. "He was," says Rev. Thomas Powell, his former pastor, "one of the most conscientious and consistent christians I ever knew." About twenty years previous to his death he removed with his family to the west, and died January 28, 1856, in the ninety-fifth year of his age, at his residence in Walworth county, Wis- consin. He was one of the first settlers of that county and was instrumental in having it named in honor of his old friend, Chancellor Walworth.
First Judge James Thompson was the son of Hon. John Thompson of Stillwater, the first incum- bent of that office. He was born in that town, No- vember 20, 1775, and was nurtured among the stir- ring times in that region which preceded and fol- lowed Burgoyne's invasion. He was educated at at the academy in Schenectady which was the germ of Union college. He was a member of the same class with Rev. Joseph Sweetman James Scott, Levi H. Palmer and George Palmer. (Mr. Sweet- man remained another year and was a member of the first senior class of old Union, graduating in July, 1797.) Mr. Thompson, at the wish of his father, embraced the study of law and entered the office of James Emott, son-in-law of Judge Beriah
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Palmer, who had established a residence and office at the latter's home near Burnt Hills. (After the death of Judge Palmer, Mr. Emott returned to his former home in Poughkeepsie, from whence he was chosen to the assembly in 1813, and was elected speaker. In 1818, he was appointed first judge of Dutchess county, and appointed circuit judge in 1821.) Among the fellow students of Mr. Thomp- son in Judge Emott's office were Daniel L. Van Antwerp, Samuel Cook and Samuel Young. They were admitted to the bar of Common Pleas in 1799. Mr. Thompson soon after married the daughter of Abel Whalen of Milton, and purchased what was known as the Sprague farm in Milton, now, how- ever, recognized as the "Judge Thompson place." Here he opened an office and soon entered upon a lucrative practice. At this day it would seem the height of folly for a lawyer to open an office in the country, but at that time steam traveling and busi- ness centers were unknown and clients sought coun- sel where good advice could be given in settling the vexed land title questions, that in those early days perplexed courts, counsel and juries to unravel. That his advice was satisfactory to his clientage is shown by the frequency in which his name appears in the minutes prior to 1818. On June 16, of that year, he was appointed first judge of Common Pleas for the term of five years and was re-appointed for two successive terms. His career as a judge was marked by vigor and force, though he was not a favorite of the bar generally. His ronghest nature
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was outermost, and it was only in the closer inti- macy of friendship that he could be clearly known and his worth appreciated. In person and manners he was dignified, and bore a striking resemblance to the late Eliphalet Nott, president of Union col- lege. Prof. Tayler Lewis esteems him as the "father of the Saratoga county bar," which in a measure he was. He certainly conferred high honor upon it. He was chosen regent of the University, February 7, 1822, and held the position until his death. The late George Thompson, John W. Thompson and James Thompson of Ballston Spa, and Edward D. Thompson of Lawrence, Kansas, were his sons. He died December 19, 1845. . The Circuit Court was then in session, and the following entry is found in the minutes of the court as of December 20 :
"The decease of Judge Thompson which took place at his resi- dence in Milton on the 19th inst. was announced by E. F. Bullard, esq., who after an eloquent and impressive tribute to the memory of the deceased introduced the following resolutions ; which were adopted and ordered to be entered on the minutes of the court :
Resolved, That we have learned with the decpest feelings of sor- row and melancholy the decease of Hon. James Thompson, who presided in this court for fifteen years with eminent ability and to the general satisfaction of the community. In this dispensation of Providence the profession has been deprived of the counsel of their late associate and the county has lost one of its most talented, useful, worthy and distinguished citizens.
Resolved, That we tender to the family and friends of the deceased the expression of our sympathy and condolence upon this afflicting bereavement by which Providence has removed him from the domestic circle adorned by his private virtues, and from his high position which he occupied among our citizens as one of
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the regents of the University, a uniform and devoted friend of the cause of science and education, and one who in the decline of life commanded the same confidence and respect which he had secured in his earlier years by the ability that distinguished his professional career.
Resolved, That a committee be appointed by the court to commu- nicate a copy of these resolutions to the family of the deceased, and that the same be published in the county papers."
The court thereupon announced as such commit- tee Messrs. Bullard, Scott and T. G. Young.
"On motion of John K. Porter, Esq .; Resolved, That the members of the bench and bar assume for thirty days the usual badge of mourning, and that as an expression of respect for the memory of Judge Thompson the court do now adjourn. Adjourned."
First Judge Samuel Young, who was appointed by Gov. Marcy to succeed Judge Thompson on the bench, April 30, 1833, was the son of Thomas Young, a Berkshire county (Mass.) yeoman, and was born in the town of Lenox in December, 1779. His father removed to Clifton Park in this county about the year 1785, and took a tract of land on the Appel patent, about midway from Burnt Hills to Groom's corners. Here he grew to manhood, a farmer's son. Schools were scarce and his oppor. tunities for attending them were more so. Yet he felt within himself the talent and power of mind which aspired to higher things. His son, the late Thomas G. Young, Esq., of Saratoga Springs, in- formed me that he had heard his father tell of lying before the fireplace after a hard day's work in the field or woods and studying by the light of a pine knot long after the rest of the family were asleep.
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He was essentially a self-made man, and by the rigorous course of study which he began in youth and never grew old enough to lay aside, he be- came possessed of a classical, scientific and general education such as few collegians aspire to. His state papers as a member of the Court of Errors and as superintendent of common schools have all the polish and elegance of language that would char- acterize the most devoted student that ever bore off the honors of his Alma Mater. A legal friend informs me that in 1845, he was commissioned by Col. Young to purchase for him some books at an auction trade sale in New York. Every work that he selected was of a classical or scientific nature. Conceiving an attachment for the science of the law, he entered the office of Judge Emott and completed the full course required by the rules, and com- menced the practice of his profession. He soon after married Mary Gibson, the daughter of Hon. John Gibson of Ballston Center, and purchased the farm of Seth C. Baldwin at Academy Hill in that town, where he e stablished his office and had a residence until his death. He was early called into public life, and no citizen of Saratoga county has ever been more highly honored in that capacity than he. He was supervisor of Ballston in the years 1809-10-12-13; elected to the assembly in 1814, re-elected in 1815 and again in 1826 ; senator in 1818 for four years, re-elected in 1835 and 1838. Resigning in 1840, he was again chosen in 1845, and served until the old senate was set aside, in 1847, by
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the new constitution. He was speaker of the assem- blies of 1815 and 1826. The latter year, Hon. John W. Taylor was speaker of the national house of representatives. Both were residents of the town of Ballston. It was a singular coincidence. By the act passed April 17, 1816, with Stephen Van Rensselaer, De Witt Clinton and Myron Holley, he was appointed a commissioner to construct a canal from the Hudson river to Lake Erie. Other gen- tlemen were subsequently added to this com- mission. The result of their labors is that noble artery of commerce, the Erie canal.
Col. Young held the office of canal commissioner until 1840, when he was removed by a whig legisla- ture and the influence of Thurlow Weed. In 1821, he was chosen with Judge Child, John Cramer and Jeremy Rockwell to represent Saratoga county in the constitutional convention. In 1824, he was the democratic legislative caucus candidate for governor to succeed Joseph C. Yates against De Witt Clin- ton. He was defeated by a vote of 87,093 to 103,- 452 ; all the opposition elements uniting on Clinton. His mind was not fitted to deal with the trifling causes brought before him in Common Pleas for adjudication, and he retired from the bench at the end of his term. February 7, 1842 he was chosen secretary of state by the joint ballot of both houses of the legislature to succeed Hon. John C. Spencer. He became ex officio superintendent of common schools. Under his administration much was done to foster and build up our common school system.
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He was an ardent advocate of free schools. His decisions as superintendent are incorporated in the "Digest"' published with the "Code of Public Instruction," and are yet quoted as ruling on the points discussed. He was elected one of the Regents of the University in 1817 and held the position until 1835, when he resigned. He always retained a lively interest in agriculture, and on the conclu- sion of his term in the state senate in 1847, he retired to his farm.in Ballston. He died suddenly November 3, 1850, in the seventy-first year of his age. He was in usual health up to the day of his death. He was about his business as usual and retired to rest. The next morning he was found in his bed asleep in death. Subsequent to the death of his first wife he married Mrs. Sarah Lasher of New Hurly, Ulster county, in 1827. She survived him several years. Thus closes the history of an active and honorable life. He acquired his soubri- quet of " Colonel" as a member of Governor Tomp- kins' staff in 1816. Although a man of peace, it adhered to him through life, and he will be remem- bered as the genial colonel, rather than as the sedate judge .*
First Judge Thomas J. Marvin was the son of William Marvin, a merchant and hotel keeper at East Line in the town of Malta, where he was born
*On the fourth of July. 1826, the semi-centennial of American independence, Col. Young, being then speaker of the state assem- bly, presided at the celebration at Ballston Spa. Hon. John W. Taylor, then speaker of the house of representatives, was the orator of the occasion.
13
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in June, 1803. His grandfather, Dennis Marvin, was one of the first settlers of the town, a few years prior to the Revolution. He was educated at the old Ballston Academy and at Union college, grad- uating in the class of 1826; and studied law with William L. F. Warren, at Saratoga Springs, and was admitted to the bar of Common Pleas in August, 1829. In due time he was admitted first as an attorney and then as a counselor in the Supreme Court, and Solicitor in Chancery. In 1836, he was appointed by Gov. Marcy to be a judge of Common Pleas, and two years later he was promoted to the presiding judge's seat, his commission dating from February 13: and held the office until 1847, when it was abolished by the adoption of the new con- stitution. Judge Marvin was a man of quick per- ceptions and was deeply read in the law. He was
quick to see a point and to act upon it. When he saw that the strict construction of the law led to a certain end, though it might clash with the public demands or his own private wishes, he fearlessly did his duty. We have seen an instance in this in the manner in which he disposed of the second indictment against the notorious Isaiah Rynders. * He was a joint proprietor in the United States hotel, Saratoga Springs from 1832, and in 1842 he entered into a partnership with his brother, Hon.
*Justice Landon recently made a similar ruling in the case of C. Fred. Smith, indicted for arson at Johnstown. He had been tried and acquitted on the charge of murdering Edward Yost, and the arson charge was based on the same statements of evidence and facts.
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James M. Marvin in the management of that house, which continued until his death December 29, 1852, in the fiftieth year of his age. He was supervisor of Saratoga Springs in 1851-2.
CHAPTER XIX.
SARATOGA COUNTY JUDGES.
Augustus Bockes, 1847 to 1854. (See sketch of his life in Chapter xvii ; Saratoga's Circuit Judges.)
John A. Corey, 1854. Judge Corey was the son of DanielCorey, a farmer living inGreenwich, Wash- ington county, and was born November 5, 1805. He was a brother of Allen Corey, o: the West Troy Democrat, and a cousin of Rev. Drs. Sidney G. and Daniel Corey, well known Baptist divines. He was educated in the common schools. He was a strong admirer of the terse old Anglo-Saxon speech, disdaining to use the hybrid Anglo-French words that are so rapidly creeping into our vocabulary ; he believed in calling a spade by its homely Saxon name, rather than an "agricultural instrument for delving the soil and allowing the, atmosphere to permeate into the alluvial deposits." While on the bench nothing would cause him to betray a sign of impatience in listening to an advocate's argument sooner than a Latin quotation interlarded into the language in which in which it was couched. In his early manhood he adopted the profession of teaching. In 1824, he came to Saratoga Springs and established a residence in this county. He secured a situation in the office of the Saratoga
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Sentinel, then published by the late G. M. Davis- on. While in that office he learned the "art pre- servative," and also used his pen freely in articles that made their mark at that time. He turned his attention to the study of law, and was successively a clerk in the offices of Judge Cowen, Judiah Ells- worth and Nicholas Hill, jr. He was admitted as an attorney in the Supreme Court in January, 1835, and was advanced to the degree of counselor in January, 1838; and was appointed examiner in Chancery in 1836. He commenced the publication of the Saratoga Republican in 1844, and continued it until 1853, when he sold the paper to Thomas G. Young, who afterwards merged it in the Sentinel. He continued, however, to be a contributor to the press until his last illness. He was elected super- visor of Saratoga Springs in 1849. The next year he was chosen clerk of the board of supervisors, and held the same position under the boards of 1852 and 1864-5 6-7. He was also for several years a justice of the peace of his town. On the resigna- tion of Judge Bockes he was appointed to the posi-
tion of county judge by Governor Seymour, Feb-
ruary 6, 1854, to fill the unexpired term. During that year occurred the "Carson League" prosecu- tion of illegal liquor sellers, and he fearlessly pro nounced sentence upon all who were convicted in his court by imposing the full penalty of the law. This was used against him in the ensuing autumn when he was the democratic candidate for re-elec- tion, and he was defeated mainly through the liquor
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dealers putting Gideon Putnam in the field against him as a third candidate. In 1855, he was tendered by President Pierce, through Secretary Marcy, the office of governor of Kansas territory, but declined the troublesome and dubious honor. Soon after this he was appointed United States Commissioner by Judge Nathan K. Hall, and retained the office until his death. He was one of the founders of the · Saratoga County Agricultural Society, and was for a long series of years its secretary. While in this position he heard of many cases of sheep killing by vagrant dogs, and set to work to abate the nuisance. Through his efforts a law was enacted imposing a tax on dogs, and making it a valid defense in actions brought to recover damages for killing a canine to allege and prove that a tax had not been assessed and paid on the animal within the previous year. He died, after a lingering illness, April 29, 1873, in the seventieth year of his age. He married quite early in life a daughter of George Strover, Esq., of Schuylerville, who survives him. He left one son and three daughters.
James B. Mckean, 1855-1859. Judge Mckean is the eldest son of the late Rev. Andrew Mckean of Halfmoon, one of the pioneers of Methodism in north-eastern New York. He was born in the town of Hoosick, Rensselaer county, in August, 1821, his father being at the time a circuit preacher. The home of Father Mckean, as he was familiarly known, at that time was situated near the line of Vermont, and in the neighborhood of the celebrated
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Mather's house, which by a conceit of its owner was so built that it stood in the states of New York, Vermont and Massachusetts. The family of Rev. Andrew Mckean was an ancient Pennsylvania one, one of its members being Thomas McKran, a signer of the Declaration of Independence, who was his father's uncle. When the subject of this sketch was about seven years of age, his father took super- annuate relations from the church to which his early manhood and prime had been devoted in long years of wearying and self-sacrificing itinerancy, and retired to a farm in Halfmoon, which he had purchased. It was situated about two miles south- east of Round Lake. Here Judge Mckean's early life was spent. He received the rudiments of an education in the neighboring district school, and completed an academic course at Jonesville under the direction and instruction of Prof. Hiram A. Wilson, now of Saratoga Springs. After complet- ing his studies, he taught several terms in the Jones- ville academy as an assistant to Prof. Wilson. After this he opened a select school at Clifton Park village, which he was soon forced to relinquish on account of failing health. Several months later he entered the office of Gen. Bullard at Waterford, as a law clerk. District Attorney Ormsby was pursu- ing his studies in the same office at the time. After completing his course of study he was admitted to the bar of the state courts in 1847. Soon after he removed to Ballston Spa and formed a law part- nership with Abel Meeker. In 1853, he was an
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unsuccessful condidate for district attorney. His opponent was William T. Odell. Having in the meantime married Miss Catherine Hay, daughter of Judge William Hay of Saratoga Springs, he soon after removed his residence and office to the latter place. In 1854, he was nominated for county judge by the American party ; his opponents were Judge Corey, democrat, and Gideon Putnam, whig. In this triangular contest he was the successful party and took his seat on the bench in January follow- ing. In 1855, he was one of the founders of the Republican party, claiming that it represented the true principles of Jeffersonian democracy in which his father had reared him. In the campaign of 1856 his voice was frequently heard on the rostrum declaiming for "free soil, free speech, free press and Fremont." In 1858, he was nominated by his party for congress, was triumphantly elected and was one of the staunch supporters of the Union in the secession times. In the latter days of Buchanan's administration he was one of that devoted band of minute men who guarded the Capitol against anticipated seizure by traitor hands. Having been re-elected to congress he left his seat in the extra session called by President Lincoln, and came north and issued a stirring address to the sons of this county to join him in forming a " Bemis Heights battalion." The result was the forming of the now historic Seventy-seventh regiment, of which he was chosen colonel. Under his command and that of his brave successor, Colonel Winsor B.
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French, it gained an honorable record at Williams- burgh and in the seven days battles on the Chick- ahominy, and in following the fortunes of the "Sixth Corps' cross" on many well fought fields. While on the peninsula the weak constitution of Col. McKean yielded to a malarial fever, and he was forced to leave his regiment. Having partially recruited his health, he again took his seat in con- gress and did good service there in upholding the hands of his former comrades in the front, whom he was forbidden to rejoin by his physicians. At the close of his congressional career, he returned to Saratoga Springs and resumed the practice of his profession. Soon after President Grant's accession to office he tendered to Judge McKean the office of Chief Justice of Utah. He accepted the place with all its grave and complicated duties, and his- tory will say that he was the first Federal officer in Utah who comprehended the deep laid designs of Brigham Young. By his fearlessness in adminis- tering justice under the laws he soon incurred the hatred of the Mormons and gained the good will of the other citizens of Utah. In 1875, Mormon influ- ence prevailed upon the President to remove him from office. He at once applied for and was admit . ted to practice at the territorial bar, and has fixed his permanent home at Salt Lake city. The brac- ing air of the interior having restored him to good health, he hesitates to return to his native state. Besides in his civil and military career, Judge Mc- Kean is well known as a staunch Methodist and is
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a prominent member of that communion. He was a lay member of the General Conference which met at Baltimore in May, 1876.
John W. Crane, 1859-1863. Judge Crane was born at West Milton in this county September 30, 1827, and i's the son of Justus Crane, a distiller who was employed by the late Robert Spier. His maternal grandfather was William Bridges, one of the first settlers of Ballston Spa. . He was educated in the common school and at Smith & Bang's and Prof. Hancock's academies at Saratoga Springs. Having an inclination towards the law he entered the office of William M. Searing as a clerk. He completed his studies in the office of William A. Beach, and was admitted to practice at the Sep- tember General Term, 1852. Soon after he entered into the law partnership with William L. Avery and Franklin Hoag at Saratoga Springs. After the retirement of Mr. Avery the other members con- tinued the partnership successfully until the elec- tion of Mr. Crane to the office of county judge ; to which office he was nominated by the democrats in 1858. His opponents were Alembert Pond, repub- lican, and Lemuel B. Pike, American. He was elected in November by a plurality of 323 over Mr. Pond, and a clear majority of 43 over both oppo- nents. He retired to the practice of his profession on the conclusion of his term December 31, 1863, and enjoys the reputation of being one of the best office lawyers and most careful conveyancers in the county. He was elected supervisor of his town in
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1863, and again in 1868 and 1869, and has also held various other posts of trust in his town and village. He made a good record on the bench.
John C. Hulbert, 1863-1871. Judge Hulbert was born in Pittsford, Vermont, February 12, 1817. His father, Luther Hulbert. removed to Malta in this county when his son was quite young, and established himself as a merchant at Dunning Street. He was a man held in high respect by his townsmen and held several town offices, and was appointed at one time a Master in Chancery. He educated his son in the home district school and at an academy in Saratoga Springs. During this time young Hulbert served an apprenticeship in the old Ballston Spa Gazette office, and learned the printer's craft, thus making him the second repre- sentative of the "art preservative" on our county · bench. Determining to follow the profession of the law as a life vocation he studied successively in the offices of Thomas J. Marvin, Ni holas Hill, jr. and William A. Beach, and was admitted to the bar of Common Pleas in December, 1836, and about three years later to that of the Supreme Court. He early succeeded in gaining a substantial clientage, and, in 1847, he was elected surrogate and held the office until. 1856, performing its complicated duties with honor and success. In 1862, he was the successful candidate for the office of county judge, and took his seat on the bench in January, 1863, and was chosen for two successive terms and made an upright and careful judge. He is now engaged in
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