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 3
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"On Sunday morning last at one o'clock a fire broke out in the northwest corner of the court house in the town of Ballston which had so progressed before it was discovered that all attempts at quelling it proved abortive. The air was very still, otherwise the contiguons buildings must have shared the same fate. One of the prisoners named George Billings, who was chained to the floor, was unfortunately consumed. Four prisoners, Shearer, Davis (colored,) Cole and Drapoo made their escape. Two of them have since been, retaken, to wit: Shearer and Davis. A court of en- quiry was instituted in this village on Monday, and from their ex-
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amination on the subject of the fire did not hesitate to give it as their opinion that the fire was communicated to the building by one or more of the prisoners."
This was all that editor Comstock devoted space to in his account of the thrilling tragedy. He was too much occupied with federal politics and spec- ulations on the probable outgrowth of the recent Napoleonic wars in Europe to waste his time in home events. Consequently local items were usul- ally as scarce in the Independent American as "angel's visits."
From conversations had with several old residents and particularly with the venerable Mrs. Sarah A. Boss, then Miss Sarah A. Rogers, daughter of the founder and first rector of Christ church. Ballston, I am able to give the following account of the con- flagration. Raymond Taylor, the jailor, it would appear was a man after the manner of William the Testy, described in Knickerbacker's quaint "His- tory of the New Netherlands." He was a man who loved the almighty dollar and turned a nimble penny into dimes by keeping ardent liquors to re- gale the drooping spirits of his legal friends, as well as the passing traveler. He felt all the dignity attached to his office and woe to the unlucky wight placed in his care if he by chance gave vent to an unlucky word. Poor Billings had incurred his displeasure, and on the day before the final tragedy he had been securely chained to the floor by a large ox chain riveted around his body with the ends united around one of the floor sills by a rivet. By the direction of the sheriff, it was unlawful to fur-
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nish lights to the prisoners. But Taylor saw how he could do a retail chandler's business, so he sold candles to one Fones Cole of Northampton, con- fined on a charge of forgery, to enable him to play cards with Drapoo. They were in the south cell with Shearer, and Billings and Davis had the north cell. In addition to them there were three debtors confined in the debtor's room. These with one Joseph Mulliken, a debtor "on the limits," Taylor and his wife and the latter's mother were the in- mates of the building on the fatal night.
Cole and Drapoo, who had found their confine- mentirksome, set fire to the wall of their cell to burn their way out. They finally gave the alarm of "fire," but Taylor, who slept in the southwest part of the building did not hear the sound. Mulliken, who slept in the jury room above, was awakened by the smoke and alarmed the neighborhood. It was first heard by Mrs. Boss and Mrs. Elizabeth McMaster, mother of the late Robert P. McMaster. who were watching by the bedside of Mrs. Sarah Watrous, who then lived in the house now owned by Alonzo B. Comstock. They awoke the family, and Thomas Burritt. (father of Mrs. A. J. Grippen of Ballston Spa) an employee of Mr. Watrous, who bethought himself of the condition of Billings, ran to Philo Hurd's blacksmith shop and with his her- culean strength carried the ponderous anvil and a sledge to the jail. He and Ezekiel Horton (father of county clerk Horton) ran to the cell of Billings and placing the chain on the anvil dealt it two pon- derous blows. The smoke drove them from the
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room to get breath, but Burritt soon returned and again strove to lose the iron bonds. He, too, was suffocated by the hot smoke and fell to the floor where he was rescued by Mr. Watrons in a nearly exhausted condition and poor Billings was left to the flames. The next day his charred remains were found beneath the ruins of the chimney. The late John Smith of Ballston Spa, who was engaged with Joseph Barker, the day before the fire, making repairs to the cells, discovered the place in the wall where Cole had tried to burn through, and in- formed Taylor of it. The venerable Joseph Gor- don has informed the author that Taylor claimed that Billings knocked him down and that was the reason of his being ironed to the floor.
In a card to the editor of the Independent Ameri- can, dated April 1, 1816, Mr. Taylor presented his statement which was published in that paper April 3 :
"To the Editor: Permit me through your paper to express my sincere feeling of gratitude generally to the citizens in the vicinity of the court house on the morning the same was consumed by fire by their unwearied exertions in assisting me to relieve a fellow mortal from the flames at the risk of their own lives. It is also a debt due from me to mention that George Bennett, Daniel Shaw, Lemuel Moore, and Abraham Davis, (a black man) four of the un- fortunate prisoners who were confined within the walls of the prison and who were relieved in time to save them from the fate of poor Billings, who fell a victim to the devouring elements, after they were liberated did not seek to escape but did all in their pow- er to save my property As there have been various reports re- speeting my loss by the fire, I would barely mention that I have been particular in inventorying such articles as I have ascertained to be missing and the amount is already between $800 and $1,000.
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I shall preserve the inventory for the inspection of any gentleman who wishes or will take the trouble to call on the Public's Humble Servant. RAYMOND TAYLOR.
True to his characteristics Taylor could at once shed a tear over the fate of his unfortunate victim and coolly estimate his loss, but not a word said of that of the county.
Ex-sheriff Jennings says that Shearer made his way to Charlton and there hired a farmer to carry him to Albany. The latter made it a condition that he should lie in the bottom of the sleigh and be covered with a blanket, and then drove rapidly to Ballston and surrendered him to the authorities. Sheriff Brisbin offered a reward of $250 for the ar- rest and delivery at the Schenectady jail of Fones Cole and Peter Drapoo, or $125 for either of them. Drapoo was a Canadian and was in custody as a horse thief. Neither were recaptured, but it was ascertained years afterwards, it is said, that Cole, who was a man of good intellect and force, made his way to a southwestern state where he lived un- der an assumed name, and at one time represented a constituency in the national house of representa- tives. Another well informed old gentleman says that it is true that he went to the southwest, where he became a noted river and land pirace, having been none other than the notorious John A. Mur- rell. It is a fact that Murrell's "Life" tells of his escaping from Ballston jail by burning the build- ing. Taylor was indicted for a misdemeanor in allowing the prisoners to have a light, and at the January Sessions 1818, in the absence of District
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Attorney Livingston, Maj. Azariah W. Odell (Tay- lor's attorney) was appointed special district attor- ney by order of the court. He improved the oppor- tunity to enter an nol pros on the indictment. At the ensuing Oyer and Terminer, Mr. Livingston moved Taylor s trial on the ground that he had not consented to his discharge from arrest, but Judge Van Ness held that the Court of General Sessions being a distinct tribunal of competent jurisdiction, he had no power to interfere. Thus the matter ended, and here closes the history of the first court house of Saratoga county and of the town of Balls- town as the county seat.
CHAPTER IV. CHANGING THE COUNTY SEAT.
During the time mentioned in the two preceding chapters the development of the mineral springs at Ballston Spa and Saratoga Springs made them the chief centers of the county. Lying but seven miles apart a rivalry sprung up between them and each sought to gain an advantage over the other. The court house had no sooner been burned than a mass meeting of the citizens of the former village was held to consider a most important question. It was presided over by James Merrill, and Joel Lee was its secretary. They resolved to ask the judges of Common Pleas to order that the courts of the county should for the time being be held in the pub- lic building or academy, of the village, which stood upon what is now Science street, a few feet south of the railroad, and tendered the free use of the building. The offer was accepted by Judge Child and his co-adjutors. By an act of the legislator passed March 14, 1817, Elisha Powell and James Merrill of Milton, Isaac Gere of Galway, and John Gibson of Ballston, and Gilbert Waring of Sarato- ga, were appointed a commission to re-locate the county seat, and to build a court house and jail at the expense of $10,000. Both political parties were represented in the commission, and they soon set
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themselves at work in good faith to settle the loca- tion of the court house. The claims of Court House Hill was presented by Samuel De Forest; Saratoga Springs was heard by Gideon Putnam, Ashbel Andrews and Henry Walton (who had removed from what is known as the Delavan place in Balls- ton to that village) ; Gen. Dunning made a liberal proposition to have the county buildings located at Dunning Street ; and John Cramer, John L. Viele and Joshua Bloore urged that Waterford was the place of all others ; but Ballston Spa and the town of Milton having the influence of Judge Powell, James Merrill and Isaac Gere in the commission, won the coveted honor, which it still retains. The selection, too was largely owing to the efforts of Judge Cook of Ballston Spa, and Thomas C. Taylor and Nicholas Low of New York, who owned large tracts of land in and adjoining the village. Mr. Low, in fact, deeded to the county as a free gift the land on which the court house and county clerk's office now stands.
The commissioners reported to the board of su- pervisors at their fall session that they had decided on a location, and on motion of Joel Keeler, super- visor of Milton, the report was adopted and Milton was formally declared to be the shire town. The proceedings of the board do not give the ayes and nays on the motion, if they were ordered. Also on his motion, James McCrea, who was a nephew of Jane McCrea, of revolutionary memory, and who was the supervisor of Ballston, was appointed a
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ยท committee "to grade the new court house grounds at a cost not to exceed $50."
The new court house was built under the direc- tion of the commissioners, by the late Stephen S. Seaman. The mason work of the structure was performed under the direction of Joseph Barker, then a leading builder of this county, residing at Ballston Spa. He is still living (May 1876) in a se- rene old age at Spencerport, Monroe county, New York, and retains a strong and vivid memory of the early days of Saratoga county and of the men with whom he was associated. The court house consisted of the present brick structure, without the wing, and was built on the model of the old one with the exception that on the second floor the court room was assigned to the north side. Its di- mensions are sixty-six by fifty feet ; the wing not having been added until some years later. It was satisfactorily completed in time for the spring Cir- cuit Court in 1819, and in the ensuing fall, on mo- tion of Calvin Wheeler, supervisor of Providence, the new court house was formally accepted, and the bonds given by the commissioners in pursuance of the statute were cancelled. It was enlarged, by the addition of the wing, by order of the supervi- sors during the shrievalty of Thomas Low. The work was performed under the direction of Henry Wright of Milton.
At the term of the Common Pleas held in the academy, the time of the court was frequently taken up with disputes arising from the poor au- thorities of one town sending their paupers within
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the bounds of another town. At that time each town of the state took care of its own poor, and their keeping was sold at each town meeting to the lowest bidder. It was not until 1827 that the coun- ty system was adopted and a more humane policy pursued towards the unfortunate paupers.
By an act of the legislature of 1818, the then judges of the Courts of Common Pleas and General Sessions were set aside and their tenure of office declared terminated. Governor De Witt Clinton, by the direction of the council of appointment, June 16, 1818, commissioned James Thompson of Milton to be first judge, and Salmon Child of Greenfield, Abraham Moe of Halfmoon, James McCrea of Ballston, and John Prior of Greenfield, to be judges of this county in the courts of Common Pleas and General Sessions, and ex officio members of the court of Oyer and Terminer. During the time that there was no jail in the county the sheriff was au- thorized by the supervisors to contract with the Schenectady sheriff for their confinement in the jail of that county. When the criminal courts were held the prisoners were brought up under guard and kept at Clark's hotel, which stood on the west side of Front street, where the railroad embank- ment has since been constructed. Ex-sheriff Jen- nings recollects that he once, as a deputy under sheriff John Dunning, brought up twelve at one time handcuffed together, and as there was a scarc- ity of constables on his arrival he unlocked one handcuff, passed it around a tree which stood near by the court house, and then relocked it to the
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wrist of the culprit, thus safely fastening them un- til he could secure his team.
At the Sessions in August, 1816, John Cross of Mechanicville and Farquhar McBain of Ballston Spa were each fined $1.50 "for selling lignor on the Sabbath contrary to the statute." At the June Sessions, 1818, Benjamin Bennett was fined $5 for assault and battery on Peter Mallery. One year later he again appeared in the courts as the mur- derer of Seth Haskins.
In 1816 the fair records of our county were stained for the first time with the details of a trial and con- vietion for murder. Daniel Northrup of Galway had in the spring of 1816 murdered Cornelius Allen, a farmer who lived in that town, near the Charlton line. Northrup was a man of a low order of intel- lect and very passionate. He lived at the time of the murder in the family of his victim. Allen called him to breakfast one morning at an early hour. He arose cross and morose. it the break- fast table some angry words passed, and North- rup, seizing a knife, stabbed Allen across the table, inflicting mortal wounds. He was arrested and in- dicted and brought to trtal at an Oyer and Termin- er held in September of 1816, before Judge Smith Thompson,_afterwards one of the judges of the United States Supreme Court. At his trial the peo- ple were represented by Attorney-general Thomas J. Oakley and James Thompson .. The prisoner was defended by Messrs. Samuel Cook and John W. Taylor. The defense was that the prisoner was non compos mentis. The commission of the mur- der was proved by the victim's widow, and the dis-
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eased mind of the prisoner by his mother, two brothers, and Alexander S. Platt. Under the rul- ing of the court he was convicted and sentenced to be hanged on the last Friday in November of that year, but Judge Smith Thompson united in a pe- tition for his pardon, and wrote a letter to Gov. Tompkins, suggesting that it would be advisable. On the recommendation of Gov. Tompkins the leg- islature granted a pardon to Northrup. He was adjudged a lunatic by the proper tribunal and was confined by his friends in a private asylum until his death, about twelve years later. In 1817 Judge Yates sentenced Noah Drew, the leader of a gang of notorious counterfeiters, to states prison for eight years : and in 1818 Judge Van Ness, in an Oyer and Terminer held in the Baptist church in Balls- ton Spa, sentenced one Robert Morris to pay a fine of six cents for burglary and petit larceny. This light sentence was imposed, says the record, "in consideration of his long confinement in jail."
All subsequent ternis of the courts held in this county have been held in the court house in the village of Ballston Spa.
CHAPTER V. IMPORTANT CAUSES TRIED AT SARATOGA CIRCUIT PRIOR TO 1819.
The clerk's minutes of the causes tried in this county to the erection of this present court house and the first term held therein are very meagre, and the importance of the issues involved in them can not be deduced therefrom. Unlike important criminal crials there are no traditions handed down from sire to son regarding the merits of the cases, or the chief actors therein. Therefore I have sought the most available evidence extant of the impor- tance of the issues involved in certain actions tried in the early days of its judicial history, being that found in the reports of cases reviewed on appeal in the "Supreme Court of Judicature," or in the "Court for the Correction of Errors."
William Bradshaw et al., plaintiff in error against Patrick Callaghan and wife, defendants in error. This was action in partition to divide the lands of which James Bradshaw, late of Charlton, deceased, had died possessed. Mary Bradshaw, his widow, was joined as a party defendant by Callaghan, who was the plaintiff in the Circuit Court. It was brought to trial at the Saratoga Circuit in May 1809, before Chief Justice Kent. A verdiet for the plain- tiff with costs against all the defendants was ren-
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dered. On appeal to the Court of Errors, the judg- ment as to Mary Bradshaw was reversed, and the remainder was affirmed. Chancellor Lansing pro- nounced the opinion of the court, holding that a widow's dower is not effected by a suit in partition, nor is she chargeable with costs in such suit. The ease is reported in 8 Johnson's Reports 558. Samuel Cook and John W. Taylor were plaintiff's attor- neys, and M. Van Everen jr. for the defendants.
Under the old and cumbrous practice of the Com- mon law, actions for the recovery of real estate on the part of the heirs at law of deceased persons could not be commenced in the name of the real party in interest, but ex demissione under the title of James Jackson, or some other alias. This
James Jackson was a fictitious personage supposed to be an Irish cousin of John Doe and Richard Roe. Thus I find the case of James Jackson, ex dem. Henry Livingston against Alexander Bryan, which is reported in 1 Johnson 322. This was an action brought for the ejectment of Bryan from "lot 7, class 3 of house lots in lot 7, in subdivision of lot 12 in allotment 16 of Kayaderosseras patent." The premises prior to the revolution belonged to Isaac Low, who adhered to the British cause. His prop- erty was sold on a bill of attainder in 1786 and the lot in question was purchased by Henry Livingston. In 1775, Low had permitted one Samuel Norton to occupy said lot. Norton joined the British army and died therein. In 1783 his family returned to the premises, and in 1787 a sou of Norton pro. cured permission from Livingston to remain. Dan
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iel Norton, the son, sold his improvements to Gid- eon Morgan who conveyed to defendant Bryan for $100. The permission from Livingston to Norton was in writing and contained no reservation of rents. Bryan admitted the foregoing, but claimed that having had possession of the premises undis- turbed for over thirty years he held it adverse to plaintiff's claim of title. It was brought to trial . at the Saratoga Circuit in June 1805 before Judge Spencer who entered a non-suit. The case was re- viewed in the Supreme Court, and the judgment of non-suit was affirmed. Levi H. Palmer was plain- tiff's attorney, and Samuel Cook, the defendant's. John Bryan, a son of Alexander, to perfect the claim of title from the patentees, purchased the in- terest of Henry Livingston. The lands in question contained the celebrated "High Rock Spring" in Saratoga Springs. Part of the premises held by Alexander Bryan in the XII allotment, by convey- ance from Daniel Norton through Morgan, is now owned by his grandson, John A. Bryan, a member of the bar of this county. Alexander Bryan lies in Greenridge Cemetery where a few years since his grandson, above named, erected a monument to his memory bearing this inscription :
"IN MEMORY OF ALEXANDER BRYAN.
Died April 9, 1825, aged 92 years. The first permanent settler, and the first to keep a public house here, for visitors. An unpaid patriot who, alone, and at great peril, gave the first and only infor- mation of Burgoyne's intended advance on Stillwater, which led to timely preparations for the battle of September 19-followed by the memmorable victory of October 7, 1777."
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Another important case was that of James Jack- son ea dem. James Waldron and Elzie, his wife against Abraham Welden. The Waldrons owned certain lands of ill defined boundaries in the Half- moon patent, part of which they had leased to Wel- den. A commission was afterwards appointed to survey lines and settle disputed boundaries of the Halfmoon, Shannondhoi and Kayaderosseras pat- ents. They filed their report and map in Saratoga county February 5, 1794. By this survey in was found that the farm was in the latter patent and was included in the lands owned by Tobias C. Ten Eyck by conveyance from the original patentees. Soon afterwards Welden purchased the fee simple of Ten Eyck, and in 1806 the Waldrons began a suit in ejectment to oust him. Tried at the Sara- toga Circuit in 1807 before Judge Spencer, and a verdict for the plaintiff entered for the recovery of the lands, with costs. On appeal to the Supreme Court it was held that the plaintiff's were bound by the report of the commissioners and the judgment was reversed. This case was reported 3 Johnson 283. Sanders Lansing was attorney for the claim- ants, and Guert Van Schoonhoven defended Wel den's interests.
William Pangburn against James Partridge. Ac- tion in replevin, tried at the Saratoga Circuit, May 1810 before Judge Van Ness. J. B. Yates for the plaintiff and John W. Taylor for the defendant. The plaintiff complained that defendant had taken from his "keep" one heifer of the value of $10. Defendant plead non cepit and further alleged that
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he took said heifer for a debt owed him by plain- tiff. Judge Van Ness granted a non-suit. . On mo- tion for a new trial in the Supreme Court, it was held that replevin lies for any tortious or unlawful taking ; and not for distress only. Motion granted. Reported in 7 Johnson 140.
James Jackson ex dem James Rogers against William Clark. Action for ejectment tried at the Saratoga Circuit in 1810 before Judge Van Ness. L. H. Palmer and A. Van Vechten for plaintiffand John W. Taylor for defendant. Verdict for dle- fendant, and on appeal to the Supreme Court, it was affirmed ; the court holding that if in the des- eription of an estate in a deed of conveyance there are particulars sufficient to ascertain the correct bounds ; mistakes will not frustrate the intent of such indenture. 7 Johnson 216.
James Jackson er dem. John, James, Rachel and Mary White against Charlotte White. This was an action in ejectment brought by the heirs at law of Stephen H. White, late of Ballston Spa, deceas- ed against his widow, the devisee under his will. White, who died in 1808, was a clothier and died in possession of a large boarding honse and eighteen acres of land which under certain conditions he willed to his wife Charlotte as follows : "all that large and convenient dwelling house with all the appurtenances and privileges thereunto pertaining and the same which is now improved by me as a boarding house." It was brought to trial before Judge Van Ness and a jury at the May circuit in 1810. Levi H. Palmer was attorney for the plain-
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tift and Henry Walton for the defendant. The plaintiff's were the father, brother and sisters of the testator. They claimed that that portion of eighteen acres not in the close of the boarding house was not included in the terms of the will, and by their next friend. Epenetus White jr., sought to oust the defendant who was in possession. The defense sought to establish that the testator occupied all of the eighteen acres as a messuage of his boarding house, either as a deer park, cow pasture, or as a vegetable garden for the use of said boarding house. A verdict was rendered for the defendant, which was affirmed on appeal to the Supreme Court. 8 Johnson 59.
James Jackson ex dem. Thomas Rogers against Joseph Potter. This was an action in ejectment to oust defendant from 100 acres of land in the town of Moreau. The premises were those formerly owned by David Rogers, who made a will October 19, 1805, and who died November 3, 1810. After making his wili he acquired the title to the premis- es in question. By the terms of his will, which he never revoked, or altered by codicil, he devised all of his real estate of which he should die seized to his two natural sons. H. Bleecker was attorney for the plaintiff, who was the legal heir, and J. B. Skinner for the defendant, who claimed to hold by a deed from the devisees named in the will. A verdict was given for the plaintiff's at the Saratoga Circuit in 1812. Judgment affirmed by the Supreme Conrt, which held that a devise of lands will not operate upon lands purchased after the execution
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