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 II, Part 140

Author: Stiles, Henry Reed, 1832-1909, ed
Publication date: 1884
Publisher: New York, W. W. Munsell & Co
Number of Pages: 1345

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 II > Part 140

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In those days Col. Aaron Burr, so conspicuous in American history, though no longer prominent as a statesman, was still the acknowledged leader of the American Bar.

One of the amiable characteristics of Aaron Burr was his love of the young. With that quick insight into character which characterized him, he saw in young Greenwood qualities which attracted his attention, and he encouraged his desire to become a lawyer, inviting him to enter his office as a student. The invitation was accepted, and the young man became a pupil in the office of Aaron Burr.

Under the superintendence of Mr. Burr, young Greenwood made rapid improvement in his legal studies. One of the most important branches of Mr. Burr's extensive business, at this time, was his immense chancery business. When the young student had been in his office two years and a half, this branch of the business, in its preparation, was committed to him. To the legal practitioner, this of itself sufficiently attests the abili- ties of Green wood.

The diligent, careful study of the cases that were thus com- mitted to him, stored his mind with practical, living legal princi- ples. Whatever was thus acquired was firmly rooted in his memory, and with the passing of each day, he grew learned and experienced.

With the aid of his accomplished preceptor, who devoted much time to him, he learned to unfold with ease and per- spicuity the subtleties and difficulties of legal questions; to strip sophistry of its disguises, and to maintain with direct strength the views he desired to enforce.

Young Greenwood truly enjoyed extraordinary advantages for attaining a legal education. In the office of Colonel Burr he came in contact with many of the great legal and political lumi- naries of the day ; and thus he had rare opportunities for study- ing men as well as books. It was his privilege to see how justice was administered by Chancellor Kent, Chief Justices Spencer and Savage, by Colden, Morris, Yates and Van Ness. He saw Josiah Ogden Hoffman, Thomas Addis Emmet, Aaron Burr, William Lampson, Griffin, Wells, and other illustrious lawyers, in the contests of the forum, and learned how forensic questions were managed by those master minds.

Mr. Greenwood completed his legal education in the office of Colonel Burr, and was called to the bar at a General Term of the Supreme Court of the State, held at the City Hall, in the city of New York, in October, 1819. That illustrious jurist, Ambrose Spen- cer, had recently been appointed Chief Justice of the State, and presided at the term at which young Green wood took his degree as an attorney-at-law. He still retains a vivid recollection of the Chief Justice, who at that time was one of the controlling minds in the State of New York, and up to the time of his ascending the Bench, his voice was potent as one of the great politicians of the nation. He was a brother-in-law of DeWitt Clinton, whom he opposed or with whom he coincided, as ambition or policy dictated. That he often successfully opposed his illustrious and powerful brother-in-law sufficiently attests the strength of his character,

and the extent of his power and influence. "His manner on the Bench," says Judge Greenwood, " was grave, dignified, some- times austere, always decided and impartial. Lawyers who ad- dressed him did so in the most respectful language and manner, while he, in turn, observed a high-toned courtesy toward them. In demanding and observing these amenities, Chief Justice Spencer did not stand alone. The judges, as well as the lawyers, of that period maintained a dignity in the court-room that be- spoke their consciousness of being in the Temple of Justice."

Immediately after his admission to the Bar, Mr. Greenwood opened an office in New York City, in Nassau street, near Maiden lane. He came to the labors of his profession with the advan- tages we have described, having laid a foundation of solid and useful learning, with a classical and scientific superstructure. He had applied himself to the study of the law, not merely as a series of precedents and arbitrary rules, and statements without principles of reason or induction, but as a science applied to rational government, the action of men subordinate only to the laws of God. At first business came slow to him ; but he busied himself with his books, becoming every day a more profound and appreciative student.

His industry and ability soon cleared the obstructions which impeded his way to professional distinction. Laborious, pains- taking and keen-sighted, he carefully studied and managed every matter committed to him, whether important or unimport- ant, determined to bring it to a successful termination.

In the history of most distinguished lawyers there is one cir- cumstance which, " taken at the flood, leads to success, " and it was so with Judge Greenwood. While slowly working his way to suc- cess, a lawyer of some eminence in the city, but perhaps nota per- fect special pleader, was engaged to bring an action against s man for slander of title, an action peculiar and difficult in its nature, especially in those days, when books of form and precedent were almost unknown. Finding it difficult to draw up the " Narr.," or declaration, he consulted several lawyers, with but little success. At last, a gentleman who knew of Mr. Greenwood's devotion to his studies, and the depth of his research, referred the gentle- man to him. It so happened that Greenwood was deeply read in that subtle and profound work, Clericalies, written in the old Black letter, now known to but few of the profession. One of its departments contained a treatise on slander and the slander of title, with instructions as to drawing a declaration in that tech- nical form of action.

When the lawyer was told to seek the advice of Greenwood in a matter of so much importance he exhibited much surprise. " Why, my dear sir," said he, "is he not too young and inexpe- rienced to know anything about actions of this kind?" "Go and see him," said his adviser, "and I am quite certain he will give you all the information you desire." The lawyer obeyed, and went directly to Greenwood's office. "Do you think," he said, as he entered, " you can draw a declaration in & case for slander of title againet a very wealthy and powerful man ?" "Sit down and tell me the circumstances," said Greenwood. The lawyer complied, and in a few moments the young attorney was in possession of all the facts in the case. "I think I can," was his modest reply; "call to-morrow afternoon, and I will show you the best I can do in the matter." And the lawyer took his leave. As soon as the door closed upon him, Greenwood took down his old Clericalies and went to work at his declaration. "I labored closely all that day," said the Judge, "and till quite late at night, resuming my labors the next morning, and when the gentleman called in the afternoon I laid before him a very complete and well drawn declaration. The lawyer, after care- fully reading it over, expressed both his astonishment and grati- fication at the complete and well-drawn document. 'I believe,' said he, 'you are the only lawyer in the city that could prepare such a declaration.'"

Young Greenwood was fortunate in making the acquaintance and friendship of David S. Jones, Esq., son of Chancellor Jones.

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BENCH AND BAR OF BROOKLYN.

This matter of the successful declaration was soon noised about the city among the profession, and, to use the language of Judge Greenwood, "put him upon his feet, professionally."

A month or two after the occurrence we have described, a law- yer hy the name of Everson, a man of respectable attainments, with a very fair practice, called on Mr. Greenwood, as he said, by the request of Mr. Jones. After some conversation, he said: " Mr. Greenwood, I have examined your declaration, in which the slander of title is set up, and I am convinced that a person capable of drawing such a pleading is essentially an able lawyer. I need a partner. I have come to propose a partnership between you and myself." And so it happened that, after due reflection and consultation with friends, he became the law partner of Mr. Everson.

Judge Greenwood's first partnership was, we believe, a fortu- uste one for both parties. It continued for several years, and after its dissolution Mr. Greenwood continued to practice alone until he became a resident of Brooklyn. His New York clientage was respectable, large and remunerative. His knowledge of the French language brought to him many valuable French clients. He also had a large equity practice, and often appeared before the Chancellor, and before the Court for the Correction of Errors, at Albany, as well as being largely engaged in all the city courts.

In 1823 he became a resident of Brooklyn, but continued his office in New York, where his business was mainly conducted, down to 1837, when his practice in Brooklyn became so exten- sive that he withdrew his business from New York to this city, where he has continued down to the present time. Some time after Judge Greenwood came to Brooklyn he formed a copart- nership with General H. B. Duryea, a lawyer of high standing, whose biography appears elsewhere in this work. This relation was profitable to both partners, and the firm soon took its place among the distinguished law firms in this part of the State. It continued until Judge Greenwood was elected City Judge, when it was dissolved. Among the important cases conducted by Judge Greenwood, was that of The People ex. rel. Norris L. Martin va. The Mayor and Common Council of the City of Brooklyn, tried in 1848. He was associated in this case with General Duryea. A full report of the case will be found in another part af this work, smong " Important Trials."

As an advocate, Judge Greenwood is earnest, natural, impres- sive, and often eloquent. His capacity for reasoning, whether upon law or fact, is of a kind which always commands attention, and produces conviction. He never speaks on any important question without ample preparation; is never incoherent, never feeble, trivial, or tedious. His language flows easily and natur- ally, and ie of the purest and simplest English.

Judge Greenwood was early attracted to the political arena, usually eo fsecinating to lawyers, especially young lawyers. Very early in his professional career, his reading and his convic- tions led him to the principles of the Democratic party, in which he became an acknowledged leader. In his more ardent and active career he made many warm friends among the great lights of the Democratic party. Among these were William L. Marcy, Martin Van Buren, Silas. Wright, C. C. Camberling, and many others. Hie relations with Van Buren were particularly near and pleasing. When, in 1832, the United States Senate non-con- curred in the appointment of Mr. Van Buren, on the nomination of President Jackson, as Minister to England, Judge Greenwood shared in the general indignation of the Democrats of the na- tion. As he was a vigorous, pointed writer, he distinguished himself by his eloquent articles, severely denunciatory of the measure. These found their way into all the leading Democratic journale, and were read with great interest. When the Sub- Treasury policy was started Judge Greenwood became a warm advocate of the measure, and wrote the first article ever pub- lished in Brooklyn in its favor. It was a calm, dignified, ex- hsustive retrospect of our financial affairs. He gave an animated history of the embarrassments which the Government bad been

obliged to encounter, in consequence of the failure of the State banks to perform their engagements.

"This is the third time," he said, "that the Government has made trial of the capacity of the banks chartered by the States to transact its financial concerns, and each time has proved a failure. This should convince all-to use the language of a great statesman-'that there is something inherent in the nature and constitution of the State banks which renders them unsuit- able and unsafe as the keepers and dispensers of the public treasure.'

"Therefore, as a national bank cannot be chartered, and as the State banks are manifestly unsafe, the Treasury of the peo- ple should be kept by the officers of the people; and there should be entire and total separation of the business and property of the Government from the business and concerns of the banks." The sensibility and practicability of these remarks have been amply demonstrated by the lapse of time.

It is pleasing to listen to Judge Greenwood's description of the fierce political contests which have often made the politics of the State an anomaly in political history; "where the prostration or fall of one party has alternately produced the elevation of the other, which continued until that other party in its turn was overthrown. But, notwithstanding all this, the State has stead- ily advanced in wealth, in population, in physical and intellect- ual power, with a rapidity quite unequaled."

Judge Greenwood often advocated the principles and policy of his party on the rostrum, where the ingenuity and eloquence of his speeches always rendered him popular with the people. But his exertions and influence were so ardently devoted to the success of his party that he gave little heed to his own political aggrandizement. As we shall see hereafter, he never held any office not intimately connected with his profession.

He has always been a strong and useful supporter of the interests of Brooklyn, and his name is identified with very many of its great public improvements ; among these, espe- cially, the obtaining of its city charter. The difficulties attending this have already been described on pages 528-9 of this work. Among those who threw themselves arden ly and successfully into the fierce contest then waged between Brooklyn and New York City, was Judge Greenwood. He advocated a city charter through the press, in public meetings, and personally before the Legislature nt Albany. In the winter of 1833 he suc- ceeded in a measure, which led, the next year, 1834, to a complete victory. Under the charter thus secured for Brooklyn, it com- menced its march towards its present proud position among the cities of the nation .*

The first Common Council organized under this charter, in grateful remembrance of Judge Greenwood's services, unani- mously gave him a vote of thanks and the sum of $750. Refus- ing at first to accept the money, he finally did so, only to dis- burse it in giving a grand dinner to the city officers, members of the Bar, and all who aided in making Brooklyn a city. As was said of Cains Marins, obstat quic quid non adjuvat. "Content with deserving a triumph, he refused the honor of it."

Immediately on the formation of the City Government and the

* Among those who aided Judge Greenwood in securing a city charter for Brooklyn, was Hon. PHILIP BRASHEn, who represented Kings County in the Assembly in 1834. Mr. Brasher had been a highly successful merchant in the city of New York, where he bad resided many years, during which time he had amassed a large fortune, and had been honored by many public offices. He represented New York City iu six legislative sessions. In 1832, he retired from business and became a resident of Brooklyn, and warmly espoused the cause of a city charter. Owing to his long experience in the Legislature, the citizens of Kings County elected him as their rep- resentative in the Legislature at Albany, the county at that time having but one member. He took his seat in that body, January 4, 1834. At this time he held in his hand the City Charter, drawn by Judge Greenwood, On presenting it, he said: "I sball never return to Brooklyn until that bill has passed both bouses of the Legislature." The bill finally passed by a vote of 106 to 1, the solitary negative vote being that of Peter S. Titus, a member from New York.

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HISTORY OF KINGS COUNTY.

present City Court, Judge Greenwood's abilities and services to the city were more fully recognized by his nomination and election as judge of that court, his office being known as City Judge. He was appointed Corporation Counsel in 1842, serving until about January 27, 1843, when he was appointed, by Governor Bouck, First Judge of the Court of Common Pleas of Kings County. He had previously served several years as Supreme Court Commissioner and Master and Examiner in Chancery.

One of the remarkable cases conducted by him as Corporation Counsel was the great Mandamus Case, entitled The People ex rel. Worthington Hodgkinson vs. Alfred G. Stevans. A reading of this celebrated case, found in 5th Hill, 617, will largely repay the legal, as well as lay, reader in the information it imparts. An- other important case was that of The Brooklyn Bank vs. Degraw, 23 Wendle, 342; and Brooklyn Bank vs. Warren. A full report of these cases will be found under the head of Important Trials. The reports of the Supreme Court and the Court of Appeals contain many cases which Judge Greenwood argued before these tribu- nals. His briefs and arguments are terse, logical productions, not overcrowded or loaded down with precedent, and yet with enough of precedent to clearly demonstrate the proposition he would maintain. He always commands the attention of the judges, always enlightens their understanding; and, if he does not always succeed in causing them to coincide with him, it is from no lack on his part of putting them fully in possession of the reason and the law which he presents.

Judge Greenwood carried to the Bench those legal accomplish- ments which had previously rendered him a sagacious and suc- cessful lawyer. His opinions, oral and written, did him infinite credit. They are replete in jurisprudential learning, distin- guished by logical vigor, and impartiality. Among the opinions which strongly illustrate this, is that in the case of Heeney vs. Brooklyn Benevolent Society, 33 Barb., 360. This opinion per- haps has been more frequently quoted by other judges than any found in the books. With the Bar he was genial, affable and courteous, and patient in listening to arguments of counsel, and always desirous of hearing everything that touched the case at bar before going to his decision. In his charges to juries he always dissipated obscurities, and gave the jury the case in a plain, practical form, rendering their duties easy and just.

We have described Judge Greenwood as a legal debater at the Bar, as an occasional but successful political orator, and in addi- tion to this, he often appeared before the public, in the more active period of his life, on the lecture rostrum. Several of these efforts gained more than an ephemeral fame. Space will permit us to refer to but one of these ; this was his address delivered at the Academy of Music, in Brooklyn, on Colonel Aaron Burr, a production replete with interest, greatly admired, and still vividly remembered. So interesting a subject attracted an immense audience from the élilé not only of Brooklyn, hut of New York City.

To use the language of the Brooklyn Eagle : "Never was there congregated in Brooklyn so much intelligence and refinement --- was there an audience so delighted and instructed ; never, per- haps, has the time, character and history of Aaron Burr been more ably, more justly, or more truthfully described."

Without any effort at eloquence, his address was delivered in language severely correct and pure, with sufficient rhetorical drapery to cause the subject to stand out in his full propor- tions, presenting Aaron Burr precisely as he was, with his faults as well as his virtues clearly in view, with no exaggerations, no excessive lights or shades.

Judge Greenwood clearly showed that Colonel Burr is a maligned character in history; that many of the invented scan- dals and bitter partisan slanders generated in the bitter political contests in which he was engaged found their way into history and thus have come down to posterity. Judge Greenwood

freely admitted that Burr had many faults, but not more than many of his contemporaries ; not as many as other illustrious men of the past and present have had; but that Burr's have been largely exaggerated by political rivals and jealous and envious contemporaries. His trial for treason was a farce; not a particle of evidence showing his guilt was proved against him by the prosecution. In speaking of Burr's gallantries, he said: " I do not believe he was any worse in that respect than many other men of his own and the present day who pass for better men. The difference between them is, there was much less disguise on his part than on theirs, and he never pretended to be that which he was not. Elegant in his manners, attractive in conversation, and pleasing in his personal appearance, he was quite as much sought after by the ladies as he was a seeker after them. I have often heard him say that he never deceived a woman in his life ; that a man who would deliberately deceive a woman in any way was not fit to live."

It is needless to add that this address was listened to with the profoundest attention, and received enthusiastic plaudits from the brilliant audience who listened to it. Down to the delivery of this remarkable lecture, writers and speakers had vied with each other in describing Colonel Burr as a monster in human shape, giving new light and excessive exaggerations to the stale calumnies which his enemies had invented and set in motion. It remains for an impartial public to judge calmly between those writers and Judge Greenwood.

His recollections of other men, given to those who are fortu- nate enough to enjoy his acquaintance, are greatly attractive and instructive ; for he is a pleasing conversationalist, courteous and agreeable to all who approach him. He possesses the virtues that strengthen and adorn the relation of private life; nor is any man more truly and deeply respected and beloved, as a husband, a father and friend. He was twice married; his first marriage took place in 1822, when he were united to Miss Catherine Dobbin, daughter of James Dobbin, of New York City. She died in 1834. He was again married in 1836, to Miss Lamer daughter of a German gentleman for some time connected in business with John Jacob Astor. This estimable lady died in the autumn of 1881. There was born to the first marriage two sons; to the last three daughters, one of whom is now the wife of Charles Stodard, Secretary and Treasurer of the Metropolitan Gas-Light Company of Brooklyn.

Such is our view of the character of Judge John Greenwood, we trust candidly and impartially related.

JOSEPH NEILSON AND THE TILTON-BEECHER TRIAL.

Mr. NEILSON was born at Argyle, N.Y., on the 15th day of April, 1815. He is of Scotch-Irish descent. His grandfather, John Neil- son, the founder of the family in America, came from the north of Ireland in 1760 with a band of friends, and settled in Washing- tonCounty, N. Y. They were Calvinists of the stricter sort, and brought with them their pastor, Rev. Dr. Clark. The oldest son, John Rogers Neilson, dropped the "e" in spelling the name, and in that respect the children followed his example. Of these, and the most distinguished of the name, was Samuel Nelson, who for the unexampled period of half a century con- tinuously filled the judicial office, serving as Chief Justice of the Supreme Court of the State of New York, and as the Associate Justice of the Supreme Court of the United States. A son of his, Rensselaer R. Nelson, of St. Paul, Minn., is, and for some years has been, one of the United States Distriot Judges; a man of great learning, industry and influence.

Samuel Neilson, the third son of John Neilson, was a physi- cian, and was highly distinguished in his profession. He re- moved to Canada, and died there at the age of eighty-seven years.

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BENCH AND BAR OF BROOKLYN.

His son Joseph practiced law in Oswego, N. Y., until November, 1844, when he moved to the city of New York. On leaving Os- wego, an affectionate address was presented to him by the mem- hers of the Bar of Oswego County. We find this address in the Oswego Palladium, with the editorial warmly commending the subject of it. Among other things, the members of the Bar say:

"During the several years of your practice as an attorney and counsellor in this place, we have had abundant opportunities of becoming acquainted with your principles and qualifications, and have seen how certainly professional skill, severe application to study, and untiring industry can win golden opinions from all sorts of people. Although we cannot but feel that in your removal we are losing a valuable citizen and an eloquent advocate, yet we are gratified by the confident belief that your worth will se- oure to you a position in the ranks of the profession elsewhere, alike honorable to yourself and agreeable to us."

Mr. Neilson took up his residence in Brooklyn in 1848, but continued his practice in the city of New York, where he had a valuable clientage, and was engaged in many cases of import- ance, until he was elected one of the judges of the City Court of Brooklyn. He entered upon the judicial service in that court on the last of July, 1870, and retired from it on the last day of December, 1882.

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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 II, Part 140

Author: Stiles, Henry Reed, 1832-1909, ed Publication date: 1884 Publisher: New York, W. W. Munsell & Co Number of Pages: 1345

Author: Stiles, Henry Reed, 1832-1909, ed
Publication date: 1884
Publisher: New York, W. W. Munsell & Co
Number of Pages: 1345