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 20
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sheriff Langworthy his recollection dates further back than any other gentleman with whom the author has conversed on the topics embraced in this book; the incidents appearing as fresh to him as those of the great rebellion to the present genera- tion.
Sheriff George B. Powell was born in the town of Milton, and was the son of Judge Elisha Powell, one of the early settlers and foremost men of the town half a century ago. He was a farmer in that town, and about fifty years of age when he was chosen sheriff, in 1858. During his term of office he was jailor in person, being the first incumbent since the time of Gen. Dunning who moved his family into the court house. At the expiration of his term, January 1, 1862, he removed to the city of Oswego, where he now resides, and embarked in the lumber trade.
Sheriff Joseph Baucus is a native of Schaghti- coke, Rensselaer county and is now about seventy years of age. He purchased a farm in Northum- berland in 1833, and removed to that town He soon took a foremost position in his town, and has been chosen supervisor ten times, the first being in 1842. He represented the second district of this county in the assemblies of 1854 and 1856, and was elected sheriff in 1864. He has recently made his home in Saratoga Springs. His son, Alexan- der B. Baucus, is the present supervisor of North- umberland, and is serving his fifth term in the county legislature.
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Sheriff Tabor B. Reynolds is a native of Wilton, and is a son of Dr. Henry Reynolds, a former well known physician of that town. His two sons, John and Tabor B., received good academic educations and were bred to their father's profession. The subject of this sketch was born in 1821. He was repeatedly honored with official trusts by his towns- men ; he was town superintendent of schools from 1847 to 1852, and held the office of supervisor in the years 1856-7-63-4-5-6-7, and was chosen by the democrats and Americans to represent the second assembly district in the legislature of 1858. On the outbreak of the war, he joined the party which was sustaining the hands of the government and was chosen sheriff in 1868. Since his retirement from office, he has removed to Saratoga Springs, and is now engaged in an extensive and lucrative practice of his profession.
Sheriff Thomas Noxon was born in Beekman, Dutchess county, N. Y., in the year 1816. His father was a shoemaker, and Thomas was his sec- ond son ; he removed to Clifton Park village, where the subject of this sketch received a good business education. He adopted at the first outset in life the business of a farmer and afterwards that of a merchant trading in the latter capacity for twenty-three years in Clifton Park village, of which he was postmaster under the administration of President Lincoln ; he represented the town of Halfmoon in the board of supervisors during the years 1856-7-60-1-4-5.6. Such was his popularity
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in that politically close divided town that the republicans deemed themselves sure to win if they could get his name on the head of their ticket ; he was elected sheriff in 1870, and removed to Balls- ton Spa, the county seat. On the expiration of his term he removed to Saratoga Springs, having re- tired from active business pursuits.
Sheriff Franklin Carpenter (the present incum- bent) is the son of the late Daniel B. Carpenter, a worthy farmer of Corinth, and was born in the year 1830, was educated in the common schools and, like many other American youths, then for a few winters sat in the pedagogue's chair and en- joyed all the comforts of " boarding around." His life pursuits have been farming and lumbering. That he was highly esteemed by his fellow towns- men is shown by the fact that he has served four terms in the board of supervisors, the first year that he was elected being 1861; [he was chosen sheriff in 1863 and his term will expire December 31, 1876. During his term he has resided in the court house and, after the first year, has been jailor in person.
The names of the deceased incumbents of the office of sheriff may be found in the "Civil Regis- ter," in the appendix of this volume.
CHAPTER XXII. ANECDOTES, INCIDENTS, ETC.
THE OLD CRIER.
Those elderly citizens of the county who attended the courts in their early years will remember the aged crier, Major Ezra Buel of Stillwater. But lit- tle is known of his history beyond the fact that he was one of those anomalies of human nature-a bachelor without kith or kin. He came to Bemis Heights before the revolution and was thoroughly conversant with the field of battle, a fact which Gen. Arnold improved by using him as a scout and by designating him to guide Timothy Murphy and his squad of Morgan's riflemen to the ambus cade which resulted in the death of the daring and intrepid British Ger. Frazer. The author remem- bers hearing his father tell of having seen Major Buel, fifty years after the battle, designate the black walnut tree which marked the spot where Frazer fell, and the ravine in which grew the hazel copse from which Murphy fired his unerring rifle when Buel pointed out to him the " little man on the white horse" whom Arnold said was worth a whole army. Heafterwards entered the army for the war. In 1791, Judge John Thompson appointed him crier of the county courts, which position he held till he
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became so deaf that the court officers performed his duties and allowed him to sit in his chair and sleep. Finally, at the close of the Angust term of Common Pleas, 1833, the aged veteran arose and tendered to the judges his resignation of the office he had held for forty-two years, and thanked them in a very feeling speech for the courtesies they had shown him in his declining years. Judge George Palmer responded to the aged veteran. tendering him the thanks of the court and their good wishes to attend him in his declining years. The court ordered that his resignation be accepted and its · manner to be entered on the minutes. The few remaining years of his life were comforted by a pension from the government for his revolutionary services.
JUDGE KENT AND THIE MINERAL SPRING.
The late Col. Samuel Young used to relate the following anecdote of Chief Justice Kent. The Judge, when holding courts in this county, used to have his quarters in Ballston Spa, at Aldridge's hotel (now the residence of Henry A. Mann), so as to be near the old "iron spring." of the waters of which he was very fond, and rode in a chaise to and from the court house. At one term in a cer- tain action then being tried he near the close of the day's session ruled a point of law, doubtless to his own satisfaction at the time if not to that of the discomfited counsel. The next morning, however, he was not so sure of its soundness, for he remarked
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"hear ye" of the ancient form of opening courts. Sheriff Bull was the last official to wear a uniform, though the form of escorting the judges to the court house was kept up until about 1825. This Sheriff Bull was a "fellow of infinite jest" and enjoyed a good story. Adonijah Moody of Albany was an inhabitant of the " limits" during his term, and court weeks he and the sheriff would strive to see who could crack the strongest joke, practical or otherwise.
VAN ANTWERP'S FI. FA.
Among the attorneys who practiced in this coun- ty in early times was Daniel Van Antwerp of Still- water, afterwards of Albany. It is said that he was a more careful violinist than attorney. Some of his legal mistakes were ludicrous. Once he issued a fiera facias, or execution as it would now be called, as a first process against a debtor against whom he had purchased a claim. The astonished debtor, who knew enough of the "law's delay " to comprehend that this was not according to the approved practice, called at the office of 'Squire Van Antwerp and asked how it was that the sheriff had come to him with a fi. fa., when no writ had ever been served upon him. The lawyer took down his register and on looking it over could find no mention of the matter, so he coolly said : " Well, I think there may be a little mistake. At any rate, if you will pay the amount of the bill, I will throw off half my fees." The debtor settled on that basis,
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after taking his seat on the bench : " Yesterday I made a ruling excluding certain evidence, but I found last evening after going to my hotel, drink- ing some spring water and taking a walk, that I was in error, and I now reverse that decision." The old spring having been re-opened, this incident is commended to the advocates at the bar at the present day. When the court makes a ruling adverse to them they should invite the judge to walk down to the spring and imbibe its waters. It may yet have the virtues that it possessed in the days of Judge Kent.
SHERIFFS IN THE OLDEN TIME.
In the olden time it was customary for the sheriff and his deputies to wear a uniform while attending court. The sheriff as marshall wore a sword. When the hour for opening court arrived, the sheriff and deputies would proceed to the hotel where the presiding judge was a guest and escort him to the court house. Ex-sheriff Langworthy informs me that in his youth he remembers seeing sheriff Daniel Bull and his posse escort Judge Kent to his seat in the old court house. As the cortege approached the door it was flung open by Major Buel, who announced "Their Honors, the Judges." The line steadily marched up the aisle to the bench when the sheriff called out " hats off," and, saluting the judges with his drawn sword, stepped aside to allow them to pass to their seats, when the sonorous voice of the crier rang out the
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and it was probably the only suit that was carried to a successful termination with such an irregular beginning.
JUDGE COOK'S WITHDRAWAL FROM THE BAR.
In the early days of our judicature it was a com- mon practice for attorneys to purchase claims and then prosecute them. This grew to be such an evil that in 1818, the legislature adopted a regulation, since incorporated in the Revised Statutes, prohib- iting attorneys from holding a pecuniary interest in any action which did not accrue to them on its in- ception. Judge Samuel Cook, who then transacted the triple business of attorney, banker and broker, deemed this an invasion of his constitutional rights, and in that year appeared in the several courts of the county and the Supreme Court and had his name stricken from the roll of attorneys on his own petition. Judge Cowen says that it was an unpre- cedented instance.
THE CHANCELLOR AT PINE GROVE.
Chancellor Walworth was wont to hold his court at "Pine Grove," for, like the gate of death, it was always open for the transaction of business. It was a great convenience to himself and to the bar generally, for they could thus combine business with pleasure, as did the senate in 1872, when it adjourned to meet as a Court of Impeachment to try Justice George G. Barnard, from the capitol,in Albany to the town hall, Saratoga Springs. Here
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at one time, in a case involving some Illinois state bonds, William Kent and George Griffin were matched against Daniel Webster. It drew such a crowd that the Chancellor was forced to adjourn to the Universalist church. "This cause will not end here," said Griffiin, tragically, "we shall meet again at Phillippi." "Aye," replied the Jupiter Tonans of Massachusetts, while a broad smile of grim humor spread over his massive countenance, " the learned counselor will meet us again at Phil- lippi, but will he pay us our dues when we get there ?"
WALWORTH'S TEMPERANCE PRINCIPLES.
Chancellor Walworth was as much noted for his total abstinence principles as was - - - (another distinguished New York statesman), for his fondness for eau de vie. Gov. Seward at one time astonished a company by asserting that Chancellor Walworth and - - drank more brandy and water than any other two men in the state. The expressions of incredulity were modified when he explained that the chancellor drank all of the water
ADMISSION TO THE COURT OF CHANCERY.
In the later years of the Court of Chancery its strict discipline was somewhat relaxed, and appli- cants for admission to its bar found but few thorns planted in their path. The following is said to have been the form of examination of prospective solic- itors pursued by master in chancery William L.
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Avery, "You would commence a proceeding in chancery by filing a bill, wouldn't you ?" Getting the affirmative answer, and the stated fee, he would sign the necessary certificate and send the applicant to the clerk. If there are any attorneys in practice in this county who came in through the door of the chancellor's court in the early part of 1847, they can tell if I have been informed correctly of the above mode of examination.
COWEN'S RETENTIVE MEMORY.
In the life sketch of Judge Cowen I mentioned his great powers as a listener. William L. Stone, the younger, relates an instance illustrating this. The eminent lawyer Samuel Stevens was once engaged in arguing a case involving important principles of law before him. He particularly wished to catch and engage the judge's attention, who commenced writing and was seemingly much engaged in his occupation. This piqued Mr. Stevens, and he became so worried that he mixed matters and was becoming badly confused. Sud- denly Judge Cowen interrupted him with : "Mr. Stevens, you have several times in your argument referred to the eighth section of the act to prevent usury, as providing that all and every person sued for the same, shall be compelled to answer on oath to any bill preferred for discovering money taken usuriously. I do not understand the eighth section that way. Does the learned counsel so understand it ?" "Certainly, I do." " Are you not mistaken ?"
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"I do not think I am, your Honor," said Stevens, " but I will see." Turning to the book of statutes he saw that he meant the fourth section. "Pro- ceed," said the Judge, "I do not wish to inter- rupt you." Stevens said afterwards that Judge Cowen's interruption settled two facts in his mind : that the judge, with his seeming indifference, heard every thing that was said ; and, that he was getting confounded by the court's apparent indifference to his argument.
COWEN'S COURT IIABITS.
Allusion has been made to Judge Cowen's mode of driving business in his court. Major James R. Craig of Schenectady, relates the following incident that occurred in his boyhood. His father had been sued by a plaintiff who resided at Burnt Hills and the cause was tried at Ballston, before Judge Cowen. Young Craig was called as a witness one
evening. About midnight, after he had been ex- amined at length, a discussion arose as to the admissibility of the evidence. The witness fell asleep in the chair. How long the discussion was " spun out'' he did not know, but he was suddenly awakened by Judge Cowen's saying: "You can answer the question." Rubbing his eyes the boy exclaimed : " what question do you mean, judge ? I have been asleep." His examination continued until two o'clock in the morning, when he was allowed to grope his way to the Sans Souci hotel.
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How much longer the court remained in session that night he does not know.
GOSSIPS' TALES NOT SLANDER.
· A case was tried in the Saratoga Circuit in 1813 which curiously illustrates the doctrine of respon- sibility for the circulation of slanderons stories. There then resided in the town of Ballston two farmers who were neighbors. One was a deacon of his church, possessed of all the virtues ascribed to the worthy holder of that office in the Christian church, by St. Paul. The other often got into that mellow state ascribed in Holy Writ to Noah shortly after he had planted a vineyard. For our purposes, we will call them Deacon Amos Larkin and John Gibson .. The latter was one day returning home from Burnt Hills in a little worse state than Burn's hero when he witnessed the witches dance in "Auld Alloway's haunted kirk." A Galway farmer, whom we will call Martin Sleazer, drove past him and asked him to ride. He got into the wagon and in reply to Sleazer's question told him he was Deacon Larkin. A few weeks afterwards Sleazer was in a company where the godly virtues of Deacon Larkin were extolled. He replied that he guessed Deacon Larkin was much the same as most men, for he had seen him drunk on the highway. Of course, this flew on the wings of the wind. Deacon Larkin soon found himself called before the church to explain how he had "fallen from grace." He demanded to see his accuser. Sleazer
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was brought before him and saw that the Deacon was not the man he had taken him for, by any manner of means. From his description of his way- side passenger, John Gibson was recognized as the source of mischief. Deacon Larkin then com- menced an action against Gibson for defaming his Christian char icter by reporting him to be a com- mon street drunkard. Gibson replied to the effect that "he had never said that the Deacon got drunk." The cause was brought to trial before Judge Am- brose Spencer. It was tried for the plaintiff by James Emott, and it was his last appearance in our courts. Samuel Young appeared for the defend- ant against his old preceptor. After hearing the plaintiff's evidence Judge Spencer granted a motion for a nonsuit, holding that it was not slander for Gibson, in his reply to Sleazer's impertinent ques- tions, to give him a fictitious answer regarding his identity. And, if the Deacon has sustained any damage, it was from the tongues of Sleazer and the gossips who had repeated his story.
JUDGE HAND AND THE DEAF JUROR.
Hon. Augustus C. Hand, one of the first justices of the Supreme Court for the fourth judicial dis- trict was noted for his prolix charges to grand juries, never failing to remind them of the rights of citizens under the constitution, and dwelling at length on the sundry statute offenses which would, or should be, laid before their grand inquest. At one of his courts in this county among the petit
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jurors drawn for the term was Simon Visscher, an honest Dutch farmer of Halfmoon. He had the misfortune to be quite deaf and, on the calling of petit jury on the first day of the term, he stepped up to the bench and asked to be excused on account of his infirmity. "So you are quite deaf." queried His Honor, "could you not hear my charge to the grand jury, just now !"' "Y-a-a-s. I heard it," falteringly replied Visscher, "but I couldn't make any sense on't." He was excused amid the sup- pressed laughter of the bar, some of whom thought . that even a physically sound man would have been puzzled to do so.
THE ONE SOUND MINDED JUROR.
At another term Judge Hand was perplexed to discern why a jury, to whom a very plain question of fact had been submitted, could not agree. As he was walking down to the hotel after adjourn- ment, he was joined by the late John Edwards, who was foreman of the jury. "How is it," asked the judge, " that you twelve men could disagree on so plain a statement of facts ?" "The fact is," re- plied the foreman, "the evidence was all clear enough, but your charge so confused the other eleven, that they were the most contrary lot of fel- lows I ever had to deal with."
NOT A CLASSICAL JUDGE.
One of the judges who formerly presided on our bench was noted for his utter abhorrence of the
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quotations of Latin maxims. Judge Rosekrans once, in a trial before him, quoted : " De minimis non curat lex." The court immediately responded : " That was good enough law once ; but the statute has overruled it."
JUDGE CRANE AND THE IMPEACHING WITNESS.
Hon. John W. Crane once illustrated his posses- sion of a ready wit by the following expedient, with which he broke down an impeaching witness. In an important cause one of his witnesses was sought to be impeached by his opponent. Among the witnesses called was one who testified strongly to the bad character borne by the witness in the neigh- borhood in which they both lived. Judge Crane was informed by a spectator that this witness him- self had been impeached in a Massachusetts court. The following colloquy then ensued : "You say that where three or four men living in a neighbor- hood say in your presence that another neighbor is liar, you would not believe him yourself, even if he was under oath ?" "Yes sir." "You would believe no man whom his neighbors say is untruth- ful, when no one says he is truthful ?" "No sir, I wouldn't." "Were you ever in court at Worces- ter, Massachusetts, ?'' " Yes, (faintly.) "Was your reputation at that time called in question ?" The witness declined to to answer but was directed to do so by the court. "Yes." "Did not three of your neighbors then and there swear that they would not believe you under oath ?" "They did."
.
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"Did any one testify at the time that they would ?" "No." "One more question, sir, would you believe yourself under oath ?" Judge Crane did not press the question, and the, at first eager wit ness " stepped down and out," wishing with Burns:
" O wad the Power some giftic gie us, To see oursels as ithers see us."
FATHER-IN-LAW, OR BROTHER-IN-LAW.
At one of the first terms held by Judge Willard under the new constitution there was tried an action between Stephen Deuel and Matthew Miller. . The res gesta was a contract about the working of some real estate of Deuel's by Miller to which one Aaron Dillingham was a witness : On the trial, the wit- ness in speaking of the plaintiff alluded to him at times as his father-in-law, and again as his brother- in-law. Judge Willard, who was particular that a jury should thoroughly understand everything in the nature of evidence, interrupted Dillingham and asked him to explain the apparent discrepancy. "You see," replied the witness, coolly, "Deuel had a daughter, and, in the order of nature and events, I courted and married her. That made him my father in- law. Next, you see, as he was a wid- ower and I had an old maid sister, they joined forces and got married. That made him my brother- in-law, and you must excuse me, judge, if I do get a little mixed about it." The explanation convulsed the bar and spectators by the droll manner in which
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it was told, and the witness proceeded with his evidence.
TOO WIDE A MARGIN.
At a General Term held in our court house, Wil- liam Hay and E. H. Rosekrans were the opposing counsel who were to argue a certain case on the calendar. Contrary to the usual custom, Mr. Rose- krans began his argument for the appellant without handing a printed copy of his "points" to Judge Hay. The latter touched the former's elbow and whispered, "Rosey where's your points ?" Get- ting no "points" or reply, he again said, "Mr. Rosekrans haven't you forgotten to give me your points ?" Still no reply. " Rosey where are your points," again urged the pertinacious Hay in a loud whisper. "They are here, sir, Judge Hay," res ponded Rosekrans in a melodramatic tone, point- ing to his forehead. "The margin is a d-d sight wider than the law requires," retorted Judge Hay in a deep undertone.
HOMEOPATHIC BRAINS.
Rufus W. Peckham, the younger of Albany, who occasionall visits our court room, is noted for the earnest manner in which he talks through a jury. Some of his similes and figures border on the verge which separates the sublime from the ridiculous. For instance, in a certain criminal trial in our Court of Sessions two of the most important witnesses against his client were allopathic physi-
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cians. The force of their testimony, he felt, must be broken by a rude shock, or his case was hope- less. In his address to the jury he alluded to them as "two conceited young men whom an inscrutable Providence had suffered to torment men before their time with allopathic doses of medicine; and, at the same time, had dealt them out homeopathic doses of brains."
A LACONIC EPISTEE.
Hon. E. H. Rosekrans, when he sat on the bench, was supremely indifferent as to what might be the feelings of disappointed suitors who came before his court. If they felt aggrieved he was perfectly willing to have them get redress in the courts above, if they could show that he was in error. Perhaps no other judge in our state paid less attention to what might be the result of an appeal. He decided the law as he understood it. To a disappointed suitor who wrote him asking what he was to do now, he returned the following laconic epistle :
"GLEN'S FALLS - -- , 186 -.
Dear Sir :-- Your note received. You have two remedies. First, an appeal; which is an expensive undertaking. Second, d-n the judge; which costs but little and gives immediate relief.
Yours, &c. ROSEKRANS."
JUDGE HAY AND THE DAM SUIT.
Allusion has been made in these pages to the great Fort Miller state dam case and the part taken therein by Judge Hay. No man enjoyed a joke or
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