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 19
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District Attorney Winsor Brown French is the son of Luther French, a former citizen of Cavendish,
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Windsor county, Vermont, in which town the sub- ject of this sketch was born in 1832. His father removed to the town of Wilton, in this county, in 1836, where his son enjoyed in his boyhood the advantages of the common schools. Conceiving a taste for a liberal education, he was fitted for col- lege at the Clinton Liberal Institute and the Wood- stock academy, and entered Tufft's college, Med- ford, Mass., from which he was graduated in the class of 1859. Among his classmates was General Selden Connor, now governor of Maine. Such was his desire to obtain his college degree that he main- tained himself during his course by teaching com- mon and singing schools in the northern towns of this county during his vacations. Soon after leav- ing his college he entered the law office of Pond & Lester, in Saratoga Springs, as a student, where he was when the flag waving over Fort Sumpter was fired upon. When Hon. James B. Mckean, in the summer following, issued his stirring call for a Bemis Heights batallion, he at once volunteered for the war and recruited a company from the town of Wilton, of which he was chosen captain. When the battalion became the seventy-seventh regiment he was appointed its adjutant, and was successively promoted to be major, lieutenant colonel and col- onel, sharing its fortunes on every field in Virginia,
from the memorable charge at Williamsburgh to
the Forks of the Appomattox as it followed the "cross" of the sixth corps. At Cedar Creek, on the " Winchester pike," October 19, 1864, after the
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fall of Colonel Bidwell he succeeded to the command of the third brigade. As Sheridan rode his black charger "from Winchester twenty miles away," he dashed up to where French's brigade held the left and emphatically told them to 'stand firm." The brave French responded that his men could not stand under such a fire, but if the word was given he would charge the rebel line. "Charge," thun- dered Sheridan, and the survivors of the third bri- gade under its youthful leader rallied on their colors and, sweeping over the stone wall, bore the rebels before them. This was the signal for the charge along the whole line which sent Early whirling up the valley. For this intrepid discharge of his duty he was, on the recommendation of Gen. Sheridan, brevetted brigadier general " for gallant and merit- orious service at Cedar Creek, performed under the eye of his commanding officer." At the close of the war he was mustered out of the service and laid aside the sword for the pen, exchanging the battle field for the forum. Having been admitted to the bar in May, 1861, he now formed a law partnership with Alembert Pond, which still exists under the name of Pond, French & Brackett. He was chosen district attorney in November, 1868, and served acceptably for three years from the first of January following. He is a pleasant speaker and an able debater. In politics he is a republican, but in 1872 his devotion to principle led him to support and vote for Horace Greeley for president.
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COUNTY CLERKS.
The office of county clerk was adopted by the constitution of 1777 from the colonial system. and the incumbents were continued in office. provided they adhered to the patriot cause. They were appointed by the governor and council and held office at their pleasure. Hitherto clerks of Common Pleas and Court of Sessions, by the act of February 12, 1796, they were made clerks of the Circuit Court and Oyer and Terminer. Since 1822, they have been elected for terms of three years. The present constitution makes them clerks of the Su- preme Court in their several counties. By virtue of their office they are registers of deeds and mort- gages, except in the counties of Westchester, Kings and New York, where special officers are chosen as guardians of the public and private records.
Concerning Dirck Swart, the first county clerk of this county, but little is known to the present generation beyond the facts to be learned in the public records. He was a miller and lived at what is now Stillwater village. It would seem that he was an ardent patriot, for his name appears as one of the delegates from Albany county to the first colonial convention which met at New York, April 20, 1775. He was a firm friend of Gen. Philip Schuyler. During the summer of 1777, Schuyler's headquarters were established at his house. (Yet standing in the north part of the village and now, or recently, the property of Mr. James March.)
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From it Arnold marched to the relief of Ganzevoort at Fort Stanwix, in August of that year. He was a member of assembly from Albany county from 1780 to 1785, inclusively, and also, of the conven- tion which met at Poughkeepsie, June 17, 1788, to deliberate upon the adoption of the federal consti- tution. From the records it does not appear. that he voted upon the question of ratification. Four of his colleagues voted no, and two beside himself abstained from voting. Thus Albany county appears upon the records as unanimously opposed to the adoption of what has long been known as the "pal- ladium of our national hopes." He was appointed county clerk of Saratoga county by Gov. George Clinton, February 17, 1791, and held the office
thirteen years. He kept the records at his resi- dence, and from them, as they now appear, it is known that he was possessed of two inestimable qualities in a recording officer : viz., he wrote a round, plain and legible hand and used an unfading quality of ink.
County clerk Seth C. Baldwin was one of the early settlers of the town of Ballston, living on what has long been known as the Col. Young farm. He was a man of prominence in those early days, having been elected to the state assembly for three years from 1797, and was elected supervisor of Ballston in 1793, and again in 1800-1. In the latter year he was appointed sheriff. He held that office until February 17, 1804, when he was appointed
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county clerk, and held the office for nine years, keeping the records at his residence.
County clerk Levi H. Palmer was a son of Judge Beriah Palmer of Ballston, and was graduated from Union college in the class of 1799. He studied law, and practiced his profession for several years at Ballston Spa, living and having his office in the house near the west end of Front street, now owned by Miss Catherine Bradley. He was appointed clerk March 5, 1813, and held the office two years ; he removed the records to Ballston Spa and kept them in his law office. He was largely engaged in suits involving patent land titles and suits in parti- tion. Subsequently, le removed to Albany and continued the practice of his profession.
County clerk William Stilwell was born in that part of the Van Rensselaer manor which is now a part of the town of Stephentown, Rensselaer county, in the year 1766. He was apprenticed to the cabi- net trade, and in the latter years of the last century he established himself in that business in the new · settlement at Ballston Spa. At one time he had his shop and residence near the V corners on the farm now owned by the heirs of Harmonis Peek. Afterwards, he removed to the village to the resi- dence which he built and designated as Mount Moreno, being the place recently owned by Jona- than S. Beach at the corner of Milton avenue and Pleasant street ; his cabinet shop was then in the building now occupied as a residence by J. G. Christopher on Front street. He was appointed
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one of the judges of Common Pleas in 1811, and county clerk February 17, 1815, and held the office three years. He kept the records at first in his cabinet shop, above mentioned, until he completed and removed to his residence on what is now Church avenue, and now owned and occupied by his son- in-law, the venerable Chester Clapp. Mr. Clapp was deputy clerk under Mr. Stilwell. Many of the records in his term were entered in the neat pen- manship of Mrs. Clapp. Judge Stilwell died it. Ballston Spa, April 12, 1854.
County clerk Thomas Palmer was, also, a son of Judge Beriah Palmer and a nephew of the Thom- as Palmer who was one of the commissioners to survey the patent of Kayaderosseras in 1769. He was graduated from Union college in the class of 1803, studied law, and began its practice in Ballston Spa. On the death of his father, who was incum- bent of the office, he was appointed surrogate, March 31, 1812, held the office one year, and was again appointed, February 17, 1815, and performed its duties until July 8, 1816. He was appointed clerk, June 16, 1818, and held the office until he resigned, January 1, 1833; having been elected under the constitution of 1821, and re-elected until that time. He was elected supervisor of Milton in 1822, and successively re-elected until and including 1832. When he was county clerk he kept the records, at first, in his office in the building now occupied as a residence by Alfred Noxon at the west end of Front street, Ballston Spa. In 1824, the legislature
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authorized the erection of a "suitable building for the preservation of the county records," at an expense of $1,000, and appointed Edward Watrous, Eli Barnum and Moses Williams a committee of construction. The result was the erection of the familiar stone edifice which for forty two years was designated as the "county clerk's office." It was first occupied by clerk Palmer in the autumn of 1824. The occasion of his resignation was his ap- pointment by the directors of the Schenectady bank (then a new institution) to be its cashier. He accepted the offer and removed to that city, where he died in 1855. No attorney in this county ever gained the confidence of the farmers to the extent enjoyed by genial "Tommy Palmer." Whatever he told them they accepted as legal truth, and he never belied their trust.
County clerk Alpheus Goodrich was born in Lenox, Massachusetts, June 10, 1874, from whence his father, Allen Goodrich, removed to the town of Galway, in the latter part of the last century. He was educated in Lenox academy, studied law with Judge James Thompson and was admitted to prac- tice in 1811. Soon after, he formed a partnership with Judge Thompson which continued until 1821. He married Miss. Nancy Stocking of Lenox, in 1812; was elected clerk of the board of supervisors the same year, and served in that capacity acceptably, it would appear, for he was annually re-elected each year until and including 1840, the year pre- ceding his death ; he was appointed one of the
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superintendents of the poor in 1827, and re-appoint- ed the next year ; he was chosen to the assembly in 1824, and again in 1827. In 1823 he removed from the Middle Line to Ballston Spa and formed a law partnership with Thomas Palmer. When the latter resigned the office of county clerk, Mr Goodrich was appointed by Gov. Marcy to fill the unexpired term, January 2, 1833. In November of the same year, he was elected for a full term and was re-elected in 1836. He died at his residence in Ballston Spa. April 28, 1841.
Courty clerk Archibald Smith was the son of Jeremiah Smith, one of the first settlers of Charl- ton. He was born December 13, 1788, and, after passing his youth on his father's farm, he fitted himself for college and was graduated from Union in the class of 1814. He next studied law in the office of Abraham Van Vechten in Albany. After his admission to the Dutchess county bar he opened an office in Poughkeepsie and built up an exten- sive legal practice. He was noted for his thorough- ness in preparing his causes for trial, a quality that every successful lawyer possesses to a great degree. In the year 1830, his health failing, he gave up his practice and returned to Charlton to his ancestral acres, on which his sons, Martin H. and Theodore, now reside. Although never again fully entering upon the practice of his profession, he occasionally appeared at the bar of the Circuit and Supreme courts in this and other counties. Through the influence of Hon. Anson Brown he was nominated
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by the whigs for county clerk in 1839, against Alpheus Goodrich. A strong personal canvass was made and he was chosen by a small majority ; he served three years and was not a candidate for re-election. Mr. Smith was a ripe and thorough scholar, and like many others whose minds become imbued with classical studies he seemed to the casual observer to be abstracted from the present ; and he was thought to be gruff and marose. But his friends, those who knew the man, say that he was a true and generous friend. He died at his rural home in Charlton, May 6, 1869.
County clerk Horace Goodrich was the son of Alpheus Goodrich and was born in Milton in the year 1818. Receiving a good business education in the common schools and at Lenox (Mass. ) Academy, he entered the county clerk's office under his father's administration as a registrar, and the fair pages of the records bear testimony to his careful habits and excellent penmanship. In 1841 he was chosen clerk of the board of supervisors, and the next year he was elected by the democratic party to be county clerk. He served one term and was defeated in 1845, in a close contest by James W. Horton, the whigs advocating rotation in office. The argument used in later days by the party press supporting Mr. Horton for his frequent re- elections is but an echo of the pleas put forth by the Ballston Democrat and Saratoga Sentinel in 1845, in favor of the retention in office of Mr. Good- rich. The former, in particular, plead his long con-
14*
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nection with and thorough knowledge of the details of his office. Soon after his retirement from the clerkship he accepted the position of teller in the Schenectady bank, of which his brother, William L., is now the cashier, removed to that city, and yet retains that position and residence.
County clerk James Watson Horton was born in the hotel yet standing at Academy Hill, Ballston, September 29, 1810. His father, Ezekiel Horton, was a native of Connecticut, and after his removal to Ballston was an inn keeper. Mr. Horton was educated at the old Ballston academy. In 1829, he came to Ballston Spa and entered the employ of Smith & Patchin, dry goods dealers. In 1836, he purchased the drug store established in 1824 by Dr. Jonathan Williams, (now kept by C. O. Mc- Creedy & Co.,) and was appointed postmaster in 1841 by President Harrison. In 1843, he was re- moved by President Tyler. This act led to his nomination for clerk by the whigs in 1845, against the popular incumbent, who was supported by the democrats. The result was a triumphant election, which has been continued by ten successive re- elections to the present time. This long incum- bency in this office has been exceeded in this state only by two instances : viz. Thomas Archibald, clerk of Warren county, who was first appointed February. 13, 1821, and continued by elections until January 1, 1861-a period but a few days short of forty years. 'The other was the instance of Gov. George Clinton, who was appointed clerk of Ulster
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county by the colonial governor Cadwallader Col- den, December 12, 1760, and continued in office until his death in 1812, extending over an interval of fifty-two years. During this time he was for three terms governor of the state and twice elected Vice President of the United States. In the body of this work I have spoken of the reasons that have been potent in causing Mr. Horton's retention in office by the people. Attorneys and title searchers from other counties say that no other clerk's office in the state is kept in a neater or more accessible
manner. As a citizen he is held in high esteem by his townsmen. For over thirty years he has been either vestryman or warden of Christ church, Balls- ton Lpa, and for several years its senior warden. He has been twice married ; first to Mrs. Abba Peck, daughter of William Clark, formerly a well known inn keeper at the county seat, and after her death, to Miss Julia E. Betts, daughter of Harvey Betts of Troy, formerly deputy clerk of Rensselaer county.
CHAPTER XXI.
SHERIFFS OF SARATOGA COUNTY.
The office of sheriff is an important adjunct of our courts, for the incumbent is the executive officer who causes its mandates to be obeyed. Since the creation of our county its shrievalty has been held by twenty seven gentlemen, of whom but twelve are now alive. Prior to 1823, they were appointed and held office during the pleasure of the appointing power. Gen. John Dunning of Malta was the first successful candidate before the people for the office, and is noted for having held the position for three terms ; once by appointment, from 1819 to 1821, and twice by election for the terms of three year, beginning January 1, 1823, and January 1, 1829. and was also jailor for the period between 1819 and 1835. He was a prominent man in his town and held the office of supervisor for six years from 1813; and was also distinguished as an officer in the state militia, holding the rank of Major General. He was a citizen without an enemy and a public officer without reproach. He died October 15, 1850, and is interred in the cemetery at Dunning Street. He was in the 84th year of his age. The large public square at Dunning Street is a monument of his generous spirit.
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Sheriff Lyman B. Langworthy was the son of Rev. Elisha P. Langworthy, the pioneer Baptist minister of Saratoga county, and was born in New Lebanon, Columbia county, N. Y., October 21, 1787. His father removed to Court House Hill in 1798, and the next year to Ballston Spa. On attaining the age of manhood he embarked in trade as a hardware merchant in that village, and also became quite prominent as a politician, editing for a time the paper published by Josiah Bunce and called the Saratoga Journal. It was particularly noted for its sharp thrusts at its federal opponent, the Independent American, edited by James Com- stock. Mr. Langworthy was elected sheriff at the general election in 1825 and served three years. At the expiration of his term he removed to Roches- ter, N. Y., where he again embarked in the hard- ware trade. He was one of the projectors and builders of the Rochester and Buffalo Railroad. As its superintendent, in July, 1837, he drove the first spike in the first railroad west of Utica, now a part of the New York Central, and a connecting link in the great trans-continental line from ocean to ocean. He informs me that the receipts from travel over the road for its first week after com- pletion was ten dollars. He afterwards lived twenty years on a farm in the town of Greece, Mon- roe county ; but now resides in Rochester with his daughter, the widow of Judge Buchan of that city. Although on the verge of his ninetieth year, his mind is unimpaired and he delights to talk of his
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early years, and the author is indebted to him for many interesting incidents related in these pages. Time has indeed dealt gently with him, and the weight of his advanced years has but slightly bowed his tall and stalwart frame.
Sheriff Joseph Jennings was born in the town of Ballston, near the hamlet that is known as Hop City, December 23, 1786. His father Edmund Jennings, settled there shortly before the revolu- tion. Mr. Jennings was brought up as a farmer and intended that to be his life vocation. When he was about thirty years of age, he was prostrated by a long sickness which rendered him unable to perform agricultural labors. Having been chosen constable he removed to Ballston Spa, and soon after was appointed deputy sheriff by Gen. Dun- ning. He at last gave up his intention of return- ing to farm life and purchased the Milton House in that village, which he conducted until about ten years since, and which is still his home. He was elected to the office of sheriff in 1834, and served until January 1, 1838. He is the oldest living ex- sheriff, although Mr. Langworthy antedates him in office nine years. In his prime, he was one of the most influential men in this county, and the opinion of "Uncle Joe" was sought and heard by many in matters political and otherwise. His family have all been gathered home, and the sole solace of his advanced years is the one granddaughter in whom is centered his affections. While belonging to an age that is past, he has ever kept a lively interest
.
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in the present, and it is one of his proudest boasts that he has never slighted the freeman's privilege, but has voted at every election since attaining his majority.
Sheriff Isaac Frink was born in Milton, May 10, 1799. His father, Henry Frink, was one of the first settlers of the north part of the town, belonging to the Connecticut colony which settled the neigh- borhoods of Stone Church and South Greenfield, he was a prominent citizen and was elected super- visor in 1800-1. Sheriff Frink has been an agricul- turist all his life, living on the farm he inherited from his father, and his house stands within a few rods of the site of the log house first erected by his ancestor. He was frequently called on to hold town offices and was supervisor for the years 1833-4-5-6- 7. In 1844, he was the democratic and successful candidate for sheriff, and enjoys the distinction of being the last gentleman of that political persuasion to hold that important office in this county. He is yet in vigorous health, appearing to be a man of about sixty summers.
Sheriff Theodore W. Sanders was elected from the town of Corinth for the term beginning January 1, 1850. He had previously held the office of super- visor of that town in 1845-6. Meeting with final- cial reverses he resigned his office in 1852. He at present resides in the city of Albany.
Sheriff William T. Seymour is a native of Still water and was born about the beginning of this century. His father was one of the Connecticut
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colony who settled near the Yellow Meeting house before the revolution. Sheriff Seymour was edu- cated at Union college, taught school for several years, studied law and was admitted to practice. He settled at Waterford and soon after turned his attention to banking, and was for a score of years cashier of the Saratoga County bank. In 1852, he was appointed sheriff by Gov. Hunt, on the resig- nation of Theodore W. Sanders, and was supervi- sor of Waterford in 1844. He now resides in that town.
Sheriff Henry H. Hathorn is a native of Green- field and is about fifty-five years of age. His father was a farmer and educated his son in the common schools and at Fairfield academy, in Herkimer county. (Among his classmates there were Rev. Zerah T. Hoyt of Greenfield, and Dr. William C. Mckay, the famous Indian interpreter and chief of the Warm Spring tribe in Oregon, whose brother, Donald was the noted scout in the Modoc war.) Sheriff Hathorn, after completing his academic life, became a clerk in J. R. Westcott's store in Saratoga Springs. Next he embarked in hotel life as a joint proprietor of the old Union Hall, the first great hotel at the famous watering place. He then pur- chased an interest in Congress Hall, the management of which he retained until the present year ; build- ing after the disastrous fire of 1866 the present mag- nificent hotel known by that name. For many years he has been a prominent citizen of his adopted town, and was elected supervisor in 1858, 1860,
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1866 and 1867. He was elected sheriff in 1852, and again in 1862, an honor hitherto conferred on only one person since the constitutional provision was adopted forbidding their election to successive terms. In 1872, he was chosen to the national house of representatives by the republican party, over Daniel B. Judson, democratic liberal ; and was re-elected in 1874, over Walter T. L. Sanders, dem- ocrat. His term will expire March 3, 1877.
Sheriff Philip H. McOmber was born in the town of Washington, Dutchess county, N. Y., in 1791. His father removed to Galway,in this county about the year 1796. Sheriff McOmber at first followed an agricultural life. He was appointed a deputy sheriff by sheriff Brisbin, in 1815, and was contin ued in that position for fifteen years. While hold- ing that office he and his brother deputies, Potter Johnson and Joseph Jennings, prepared Benjamin Bennett in his cell the fatal day. Afterwards he embarked in mercantile and manufacturing business at Ballston Spa, and in his mill was woven the first cotton sheeting made in this county. In 1847, he was appointed jailor by sheriff Low and performed the duties of that office for twelve years. In 1856, he was elected sheriff, and after the expiration of his term removed to Saratoga Springs, where he now resides. Having recovered from a severe ill- ness in 1874, he is now enjoying, one may almost say, robust health, and is able to take long walks about the beautiful streets of that village. He retains his memory unimpaired, and next to ex-
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