The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884 Volume I, Part 81

Author: Stiles, Henry Reed, 1832-1909, ed. cn; Brockett, L. P. (Linus Pierpont), 1820-1893; Proctor, L. B. (Lucien Brock), 1830-1900. 1n
Publication date: 1884
Publisher: New York : W. W. Munsell & Co.
Number of Pages: 1114

USA > New York > Kings County > Brooklyn > The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884 Volume I > Part 81

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After Judge Lott retired from this commission, he never again held any office ; but in such high repute was his ju- dicial ability held by the bar, that he was often selected as referee to hear and determine important cases. One of these cases-the last one he ever heard-was that of Kingsley & Keeney vs. The City of Brooklyn ; a case too well remem- bered to need any description here.

Judge Lott was distinguished for his public spirit and en- terprise. Many public and private institutions, many of the improvements tending to the wealth and aggrandizement of Kings County, owe their origin, in a considerable degree, to him. Down to a short time before his death, he was con- stantly engaged in some public enterprise, among which were the Brighton Beach Hotel and Railroad. The happy and effective speech he made on the opening of that hotel is re- membered as being made on the occasion of his last appear- ance in public before his death. He was for many years president of the St. Nicholas Society, and, it is said, never absent from its annual dinners.

Judge Lott enjoyed nearly a half century of married hap- piness, in a home presided over by a woman peculiarly quali- fied to adorn and brighten the life of her husband. She was his cousin, a daughter of Jeremiah Lott, a prominent char- acter in the history of Kings County. Five children were born of this marriage-three sons and two daughters. It was said that he was misunderstood by the people of Brooklyn, some of whom regarded him as a bluff, harsh man, dealing little with the pleasantries and amenities of society ; but this was doubtless a mannerism and not a characteristic, for, though he did not strive to seek popularity by the fawning of a sycophant, though he was somewhat reserved in private life, shrinking instinctively from general acquaintance and

notoriety in the crowd, in the social circles in which he ap- peared he was an interesting and welcome guest. Those who knew him best found it difficult to understand how he could be regarded as cold, selfish and rough. Whatever sternness there was in his character, whatever of roughness in his de- meanor, whatever apparent irritability in his temper, lay only on the surface of his character, disappearing in the presence of his friends, unknown in his home life, where his kindness and affection were inexhaustible.

He was sometimes called "ugly ;" but, as Chauncey Shaf- fer used to say of him : " There is a flavor in Judge Lott's ugliness that I like. It comes from an honest heart, and never savors of hypocrisy."

To use the language of the Brooklyn Eagle concerning John A. Lott as a judge : "He regarded the members of the bar as the friends of the court, and he had no respect for those who brought discredit upon it by sharp practice, trick- ery and fraud ; indeed, he could hardly disguise his hatred of such men, and his manner of exhibiting it was, perhaps, one of his faults as a judge." To such lawyers he was, in- deed, as ugly as the ugliest. Usually, he was courteous, dig- nified and patient to lawyers practising before him. Like all positive, successful men, he had his faults and made enemies. But it must be remembered that men who possess his char- acteristics, while they have enemies, will never be without strong and powerful friends. Society has little respect for a man who has not enough character to make enemies, for he has not enough to make friends who will stand by him in the collisions and vicissitudes of life.

Judge Lott died suddenly, at Flatbush, July 20, 1878. He had been complaining of indisposition, and called Dr. Za- briskie, who after a short consultation left him, regarding his symptoms as entirely favorable, indicative only of slight ill- ness. When the doctor left he retired to his bath-room, where his lifeless remains were soon discovered.

The sensation which the sudden death of such a man pro- duced may be easily imagined. As was said by an eminent writer, touching the death of Sir Robert Peel : "The falling of the column revealed the extent of the space it had occu- pied."

WILLIAM ROCKWELL .- For thirty years no name was more conspicuous in the legal history of Kings County than that of William Rockwell. He began his practice as a lawyer when the entire Bar of Kings County did not number over twenty practising attorneys ; he was, therefore, almost one of the architects of that Bar, leaving on its history the evi- dence of his high intellectual endowments, his skill and suc- cess as a lawyer, his rare accomplishments as a judge.

Mr. Rockwell was born at Canaan, Conn., January 4, 1802. His father was Dr. William A. Rockwell, of Canaan, a man of commanding talents and of extraordinary learning ; he served as Assistant Surgeon-General during the Revolution- ary War, and afterwards was the author of several works on surgery, justly and highly commended for their ability, re- search and attractive style. He was for many years at the head of the medical profession in Connecticut.

At the early age of sixteen young Rockwell entered Yale College, from whence he graduated at the age of nineteen. As he had decided upon the legal profession as his occupa- tion for life, immediately after graduating he entered the office of Hon. Seth P. Staples, a leading member of the Connecticut Bar, and a prominent legislator ; he remained with Mr. Staples until after his call to the bar, as an assist- ant. In April, 1827, Mr. Rockwell became a resident of Brooklyn, and a law-partner of Hon. Nathan B. Morse. The firm of Morse & Rockwell controlled a very large business,

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and was regarded as eminently successful and influential ; both members of the firm attained a high distinction as law- yers and as judicial officers. The senior member of the firm, Mr. Morse, was appointed first Judge of the Court of Common Pleas of Kings County, in 1833, serving till April 13th, 1838, when he was succeeded by Hon. John A. Lott.

One year after leaving the bench of the Common Pleas, Mr. Morse was appointed District Attorney of Kings County, serving until June, 1847, when he was succeeded by Gen. Harmanus B. Duryea. In June, 1847, he was elected a Justice of the Supreme Court, from the Second Judicial District, for the term of six years. He discharged the duties of all these offices faithfully, and with marked ability. The name of Na- than B. Morse is, therefore, an honored one in the history of the past. When he was appointed District Attorney of Kings County, the firm of Morse & Rockwell was dissolved. In those days District Attorneys were appointed by the Judges of the Common Pleas, and none but the ablest members of the bar were tendered that appointment.

As we have said, Judge Morse was appointed first Judge of Kings County Common Pleas, April 30th, 1833, and Mr. Rockwell was appointed District Attorney May 3d, 1833. He continued to discharge the duties of District Attorney until June 1st, 1839, when he was succeeded by Judge Morse. At the first judicial election under the Constitution of 1846, which took place in June, 1847, Mr. Rockwell was elected County Judge of Kings County, serving until 1848, when he was succeeded by Samuel E. Johnson. We say " succeeded " by Mr. Johnson-Rockwell and Johnson were opposing can- didates for the office of County Judge at the judicial elec- tion to which we have referred, and Mr. Johnson, claiming to have been fairly elected, applied to the Supreme Court for the confirmation of his election. After a long contest the Court decreed that he was entitled to the office of County Judge and that Rockwell was not entitled to it. Accordingly on October 28th, 1848, Johnson took his seat upon the bench, and Rockwell retired from it.

Judge Rockwell now applied himself with renewed energy to his profession, his retainers extending to distant parts of the State, giving him a State reputation as a lawyer ; he was much of the time before the General Term of the Su- preme Court and in the Court of Appeals, and was regarded as an eminently successful lawyer. In the fall of 1853 he was brought prominently forward as a candidate for Judge of the Supreme Court of the State, for the Second Judicial District. From the beginning his election was assured : he entered upon his judicial duties January 1st, 1854. The manner in which he discharged his duties evinced his high judicial abilities and his ripe learning. If he was highly dis- tinguished at the bar, he was equally successful in obtaining commendation as a Judge.

But his exalted career on the bench suddenly terminated. On the 12th of July, 1856, Mr. Waring, a friend and neigh- bor of the Judge, called upon him at his residence. While engaged in an agreeable conversation Judge Rockwell was suddenly attacked with a violent pain in the chest, instantly followed by a copious vomiting of blood. As he was falling from his chair, Mr. Waring caught him in his arms, but death ensued almost instantaneously. The sudden death of this distinguished Jurist produced a profound sensation throughout the State. Everywhere large meetings of the bar were called, to attest respect for his memory. The bar and the laity vied with each other in doing honor to a learned, able, pure and exalted Jurist who as a Judge had honored the bench, and whose career as a lawyer had espe- cially ornamented the bar.

One of the largest gatherings of the bar that ever took place in Kings County, met for the purpose of paying respect to the memory of Judge Rockwell, and to make arrange- ments to attend his funeral in a body. His early partner and life-long friend, Hon. Nathan B. Morse, presided; his remarks upon taking the chair were peculiarly touching and appro- priate. Addresses were made by Messrs. Sanxay, Lott and Spooner. The addresses of these gentlemen were more than ordinarily affecting and interesting. All of those eloquent speakers have since been removed from the scenes of their labors and their brilliant career by death.

Kings County feels a just pride in perpetuating the mem- ory of her great Jurists, whose career has shed such honor on her history.

CYRUS P. SMITH, and CHARLES J. LOWREY .- On the 24th day of February, 1877, a solemn and impressive meeting of the Bar of Kings County convened to honor the memory of two of its ablest and most eminent members, who had just de- parted this life- CYRUS P. SMITH and CHARLES LOWREY. The meeting was called to order by Gen. B. F. Tracy, on whose nomination Chief Justice Neilson was made chairman. Ex- Judge Troy, and Philip S. Crooke were chosen secretaries. A feeling of unusual sadness pervaded the meeting. Judge Tracy, in calling the meeting to order, and in nominating Judge Neilson for chairman, dwelt in the most feeling and touching manner upon the characteristics of the lamented dead, which especially endeared them, not only to their brethren of the bar, but also to the Bench.

" We cannot," he said, " but sympathise with the bar in a bereavement which has taken from us such associates and friends, whose rare gifts contributed to throw so much luster upon their lives, and upon their profession."

Judge Neilson, on taking the chair, alluded in beautiful language, deeper and more touching than the common lan- guage of eulogy, showing that his words were the outcome of a sorrowing heart. Addresses were also made by many of the members of the bar, among whom were Hon. John Wins- low and Hon. Henry C. Murphy. The tributes pronounced by these eminent gentlemen were so just, so affluent in that kind of language which such occasions require, and yet so chastened by good taste, so adorned by pleasing and touch- ing diction, that their eulogies-if such they may be called- have never been forgotten. We regret that space prevents us from giving any portion of these admirable productions. It remains only to be said that, for fifty years, CYRUS P. SMITH was identified with all that was best and prominent in the interests of Brooklyn. When he came to Brooklyn, the city contained less than 10,000 inhabitants, and there were very few lawyers, among whom were James P. Clark, C. J. Doughty, John Greenwood, and Nathan B. Morse. Mr. Smith was the first Corporation Counsel of Brooklyn. He was Mayor of Brooklyn in 1839, and under his guidance, Myrtle Avenue, Court Street, and some of the most important streets and avenues were opened.

In the autumn of 1854, he was nominated and elected to the State Senate, from the 2d Senatorial District, serving for the term of two years. He exhibited on the floor of the Senate, in the services he rendered on important committees, all the qualities of a high-minded, able and useful legislator. At the close of his term he was tendered a renomination, which, to all appearances, now, would have been unanimous, and his election would have been certain. But professional duties prevented him from accepting the proffered office. Mr. Smith was what may well be called an industrious law- yer-industrious in applying the law to his cases, and in preparing them for trial or argument. His briefs were

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admirable models of labor and research. His arguments evidently came from a well-stored mind ; ingenious, effec- tive, pointed. If, to convince is the end and object of elo- quence, Mr. Smith was eminently eloquent, for his arguments always carried conviction with them. He died February 22d, 1877 .*

MR. LOWREY was a lawyer whose learning and ability was justly recognized by the bar and the public. He made no pretension as an advocate, and seldom appeared in Court. When he did it was to make a purely legal argument to the Court in banc, and he addressed the Court more in a colloquial style than in the oratorical ; and yet, so profound and solid were his remarks that they always commanded the attention of the judges. In his office, as a counsellor, he was unsur- passed, as he was a deep student, delighting in the study of the law. He was familiar with its philosophy and its prece- dent. Hence his counsel was often sought by the ablest members of the bar. Whenever a difficult, or new question, occurred, which lawyers were unable to settle, or agree upon, they used to say, " Go to Lowrey ; for if there is any prec- edent for it, or anything in the books touching it, he can tell you precisely where to find it." And this was so. He had a way of going straight to his library, and without any apparent reflection, putting his hand at once upon the authority he de- sired. He was, undoubtedly, the ablest real-estate lawyer of his times. Some of his briefs made in real-estate cases are still extant, exhaustive and learned treatises, instead of briefs, showing his wonderful research, and his analytic power in harmonizing the complicated law touching real-es- tate precedent. Like Cyrus P. Smith, he possessed those at- tractive qualities of head and heart that rendered him a valued and highly estimable citizen. It is singular indeed that these two men, so prominent in their profession, and as citizens, should be summoned from earth and the scenes of their usefulness, from their homes, around which centered so many affections, so nearly at the same time. It is no affec- tation to say of them that their lives were beautiful; that in death they were not divided.

ALDEN J. SPOONER .- Among the law students admitted to the Supreme Court at the June term for 1833, held in the City of New York, was a young man whose name has long been identified with the history of Brooklyn by a useful, active career as a lawyer learned and prominent in his pro- fession ; as a scholar of fine attainments ; as an accomplished writer and journalist, and as a literateur of high capacity, exquisite taste and chaste, well disciplined, imagination. To use the language of a great city daily: " No man took a keener interest in the progress of Brooklyn, whose growth, from narrow limits, he had watched with pride and pleasure. No man was more intimately connected with the events which marked her earlier progress; and the impress of his keen and active intellect, and the influence of his genial and hearty sympathy, remain in more than one of the institutions which are the boast and pride of our city. To speak of the earlier days and later progress of The Long Island Historical Society, The Hamiltonian Society, and many other public institutions, is to bring Alden J. Spooner prominently before the mind."

He was born at Sag Harbor, L. I., February 10th, 1810. His father, Col. ALDEN SPOONER, was an eminent citizen of Long Island, distinguished as the editor and proprietor of the Long Island Star, the first newspaper ever published on Long Island. This journal, of acknowledged ability, was published many years in Brooklyn.\

On April 26th, 1841, Col. Spooner was appointed Surrogate

of Kings County. Though not bred to the bar, he discharged the delicate and difficult duties of that important office in a highly acceptable manner, not only to the legal profession, but to the general public for five years. It is true he had a learned, judicious and highly capable counsellor in his son Alden; but Col. Spooner's strong, well cultured mind, quick sense of justice and equity, rendered him quite capable of discharging the duties of his office with self-reliant success, and without frequent recourse to the advice of others. (A fuller notice of Col. Spooner's life and services will be found in our chapter of The Press of Kings County-also on pages 927 to 930 of Stiles' History of Brooklyn, Vol. III.)

One of young Spooner's earliest instructors was John Dike- man, afterwards prominent at the Kings County Bar, and for several years first judge of its Court of Common Pleas.

Mr. Spooner commenced the study of the classics under the instruction of the Rev. Samuel Seabury, a highly educat- ed and respectable clergyman of the Protestant Episcopal Church, and subsequently editor of the Churchman.

It was with some difficulty that he pursued the study of Latin and Greek, but the perseverance with which he con- ducted those studies, exhibits that concentration of purpose, that intellectual superiority, which exemplified themselves in every phase of his future life.

His next instructor in the classics was that distinguished teacher of languages, L. E. H. Eighenbrodt. Under this accomplished instructor Mr. Spooner made rapid proficiency -so rapid, that at the age of fourteen he had acquired an ex- cellent knowledge of Greek and Latin, and he was also a good mathematician. Mr. Spooner completed his preparation for college at the Cambridge Academy, in Washington county, N. Y.

The early, studious and retired habits of young Spooner convinced his father that his taste and mental endowments fitted him to enter one of the learned professions. As time went on he exhibited characteristics that seemed to gravitate toward the legal profession, as the congenial calling of his life. Anxious to begin its study, it was decided that he should dispense with what was called a full collegiate edu- cation, and commence his legal course at once.

George Jermain, a highly respectable counsellor-at-law, was a maternal uncle of young Spooner, and it was in his office that he entered upon the study of his profession. In after life he used to relate with amusing minuteness, the difficulties he encountered in his first efforts to comprehend Blackstone. "I found it," he says, "far more difficult to understand a page of that elegant commentator, than a page of Horace, Tacitus or Euripides. As for Coke, for a long time he was an unfathomable mystery to me."

As Mr. Webster has said: "A boy of twenty, with no previous knowledge of law, cannot understand Coke ; his propositions are so abstract, liis distinctions so nice, and doc- trines embracing so many distinctions and qualifications, that it requires an effort, not only of a mature mind, but of a mind both strong and mature, to understand him."

But young Spooner brought to the study of these authors the same industry and perseverance which had enabled him to overcome the difficulties in his way in pursuing his class- ical studies ; and in a short time the dull black-letter of the law had strong fascinations for him, and the beautiful science of jurisprudence easily unrolled its treasures to him.

After remaining with his uncle a year he went to Brooklyn, 1 N. Y., and entered the office of Clarence D. Sacket, Esq., of that city, with whom he remained till he was called to the bar.

Not long after his admission to practice he became a mem- ber of the Queens and Suffolk County Bars, and such was

* See biographical notice on page 148.

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the progress he made in the profession, that he secured a respectable clientage in those counties, and in the county of Kings.

His first case at the Queens County Bar was one of great difficulty, full of knotty, legal questions; and, in addition to this, his opponent was one of the ablest lawyers of his times.

Mr. Spooner had associated with him a very able and ex- perienced lawyer, who was to try the case before the jury. But, being taken suddenly ill, the whole responsibility of the case rested upon the youngadvocate. With many misgivings he entered the contest ; but as the struggle deepened, his timidity vanished, confidence and self-reliance took its place, and after a long and bitter contest his efforts were crowned with a triumph that greatly advanced his professional pros- pects.

In May, 1836, the celebrated case of the People v. John Nichols was tried at the Suffolk Term of Oyer and Terminer, the Hon. Ogden Edwards presiding. Nichols had been in- dicted for an assault, with an intent to kill, and for burglary. The crime was committed under circumstances of great atrocity. Spooner appeared for the defense, interposing the plea of insanity for his client. The case is remembered as one in which an unprecedented number of eminent physicians were sworn as witnesses for and against the prisoner; those for the defense established beyond a doubt his insanity, while an equal number testified that he was perfectly sane. Under this conflict of evidence Spooner went to the jury. With great ingenuity he took advantage of this marked con- flict in the professional evidence, thereby raising a reasonable doubt as to the guilt of the prisoner.

"Gentlemen of the jury," said he, "you have the testi- mony of ten respectable physicians showing the insanity of my client. It is true you have an equal number of equally respectable physicians who testify to his sanity. Notwith- standing this, will you take the responsibility of convicting a man of a charge as serious as this, whom ten scientific physicians have pronounced insane? They may be right, gentlemen-quite as likely to be right as those who have testified against them. Here, then, gentlemen, is such a reasonable doubt of my client's guilt that you cannot convict him ; for, gentlemen, when doctors disagree, who can de- cide ?"

His whole plea was a masterly effort, and so pronounced by the bar and spectators present. He was followed by the Hon. Selah B. Strong, District Attorney of Suffolk County, afterwards one of the Justices of the Supreme Court of the Second Judicial District of the State.

Judge Strong made a very able and eloquent reply to Mr. Spooner's argument, but the Jury rendered a verdict of "Not guilty," and the prisoner was discharged. This was a signal victory for the young lawyer.

As a speaker, Mr. Spooner had a full share of advantages in personal appearance, in oratorical and reasoning powers, and in clear voice. These united qualities commanded respect and attention, and often produced conviction in the minds of his hearers. With his pen he was a more powerful dispenser of eloquence than with his lips. Possessing a fine literary taste, strengthened and enlarged by classical lore, and an extensive knowledge of books, he ranked among the most able writers of his times.

His capacity for intense application to literary labor seemed exhaustless. All his literary efforts exhibit vivacity and strength of mind, quickness of perception and great purity of taste. Books were his constant companions, and he was ever a close student of the Greek and Latin writers. He used to say: "I am pleased with Livy, for his inimitable manner of telling a story ; with Sallust, for his entering into

those internal principles of action which arise from the characters and manners of those he described; with Tacitus, for displaying those outward motives of safety and interest which give birth to the whole series of transactions he re- lates." A more pleasing and truthful description of these elegant writers could hardly be given.

His literary taste gradually led him from the duties of his profession. As has well been said: "The literary and artistic features of Mr. Spooner's character were an especial and profitable phase in his life. He wrote much and well. In his earlier years, beside the work of editing the Long Island Star, he was a frequent and valuable contributor to that greatly admired periodical, The Knickerbocker Magazine. The history of Brooklyn and Long Island always interested him deeply. He furnished a loving, tender, biography of the author to a re-print of Gabriel Furman's Notes, Geographical and Historical, relating to the Town of Brooklyn (annotated by Dr. H. R. Stiles), which was published in 1865. He also edited a re-print of Silas Wood's Sketch of the First Settle- ments of the Towns of Long Island. Of both of these works small editions on large paper, for private distribution, were issued by the Faust Club (consisting of Alden J. Spooner and Henry R. Stiles), in 1865.

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The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884 Volume I, Part 81

Author: Stiles, Henry Reed, 1832-1909, ed. cn; Brockett, L. P. (Linus Pierpont), 1820-1893; Proctor, L. B. (Lucien Brock), 1830-1900. 1n Publication date: 1884 Publisher: New York : W. W. Munsell & Co. Number of Pages: 1114

Author: Stiles, Henry Reed, 1832-1909, ed. cn; Brockett, L. P. (Linus Pierpont), 1820-1893; Proctor, L. B. (Lucien Brock), 1830-1900. 1n
Publication date: 1884
Publisher: New York : W. W. Munsell & Co.
Number of Pages: 1114