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 152

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 152

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Jacob I. Bergen, the present Surrogate of Kings County, and Wm. D. Snediker, were students in his office, and subsequently became his law partners.

Mr. Rolfe has been attorney for the Brooklyn Savings Bank for upwards of forty years, and during that time he has ap- proved the title to many millions' worth of real estate npon which that institution has held bonds and mortgages.

Mr. Rolfe continues in the practice of his profession, because he is attached to it by many years' practice.

JACOB I. BERGEN.

MR. BERGEN is a native of Kings County, born at Bay Ridge. He was educated at the Dutchess County Academy, N. Y., after which he entered the office of John P. Rolfe, Esq., of Brooklyn, where he was duly entered as a student at law. Wm. D. Snedi- ker was a student in the same office.

Mr. Bergen was admitted to the Bar of the Supreme Court of the State in the spring of 1858, and when Mr. Snediker took his degree as an attorney at law, the two former students of Mr. Rolfe became his law partners, under the firm name of Rolfe, Bergen & Snediker.

The firm at once took a high position, and entered into an ex- tensive practice as real estate lawyers, and it may safely be said that no legal firm in this part of the State enjoyed the confidence of the people in a higher degree than did this.

In 1867, Mr. Bergen was elected one of the aldermen of Brook- lyn, from the Tenth Ward. He continued to hold that office down to 1875, with the exception of the year 1873. He was President of the Board of Aldermen from 1868 to 1875, with the exception of 1873.

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Under the charter of 1873, he was Supervisor of the Tenth Ward and of the county for the years 1874-'75.

Whatever attention Mr. Bergen has given to politics, he never forgot his business, his friends or social relations in the political strife; he entered into it more as a matter of duty than any- thing else. In the fall of 1882, he was nominated and elected Surrogste of the County of Kings. The judicial mind and method of Mr. Bergen prepared him to enter upon the duties of this office, and to continue it with much acceptability to the people. In a county like Kings its duties are laborious, requir- ing a peculiarly constituted mind to discharge them. We be- lieve it is generally conceded that Mr. Bergen has this kind of a mind. Officially, professionally and socially, he enjoys the confidence and esteem of his fellow-citizens and the public generally to n very high degree.

JESSE JOHNSON.

MR. JOHNSON WAS born at Bradford, Vt., February 20, 1842. Ilis parents were Elliot Payson Johnson und Sarah Taylor John- son.

After nn excellent preparatory course, he entered Dartmouth College, from whence, in 1863, he graduated, and immediately afterward became a student in the Albany Law University, where he remained until 1864, when he was called to the Bar. He subsequently decided upon Brooklyn as the field for his pro- fessionnl career. He has continued a member of the Kings County Bar from the time when his name first appeared upon its rolls : how honorably and conscientiously he has discharged the constantly increasing duties of his profession, is so well kaown to & large and influential clientage that no mention of it is needed on these pages. Suffice it to say, that Mr. Johnson is an advocste of acknowledged ability, distinguished for the learning, energy and success with which he conducts the trial of canses nt the Bar, and for the ability, candor and fairness with which he discharges all the duties of a counselor-at-Inw.

He has given much attention to railroad law, and hence much of his business has been confined to railroad causes -- perhaps the most difficult that engages the attention of gentlemen of the Bar.

He was the attorney and counsel for the Commissioners ap- pointed to organize a system of rapid transit railroads for Brooklyn, under authority of Chap. 606 of Laws of 1875, com- monly called tho "Rapid Transit Act." The two companies organized under this act were the " Kings County Elevated Railrond Company," and the " East River Bridge and Coney Island Transit Company ; " the history of these organizations hears indubitable evidence of the executive abilities of Mr. Johnson.

He was Assistant Corporation Counsel for Brooklyn from Jan- uary 1, 1869, to January, 1877. Though he was then one of the younger members of the Brooklyn Bar, he discharged the duties of his office with much acceptability to the public.

Mr. Johnson devotes all his time and attention to his pro- fession; indeed, so extensive has bis practice become that it de- mands every moment of his time.

Mr. Johnson's legal business is conducted in partnership with Albert E. Lamb, and with his brother, A. R. Lamb, Esq., under the firm name of Lamb & Johnson. This relation, at this writ- ing, has existed some time, and we believe is fortunate for all parties, combining a versatility and strength of talent which renders success certain. This firm has an extended reputation, making first among the legal firms in Kings and tho adjoining counties.

In the autumn of 1883, Mr. Johnson was nominated by the Republicans of the 2d Judicial District for the office of Justice of the Supreme Court of the State. This nomination was teadered him largely by his professional brethren, solely in re- cognition of his acknowledged fitness to discharge its duties.

Political considerations did not, we believe, in any sense, lead to his nomination. Though the Republican party was largely in the minority in his district, such was his popularity that he greatly reduced the usual Democratic majority; indeed, for a time dur- ing the canvass his election was believed to be certain, but the result proved otherwise.

Mr. Johnson is still young and energetic; inspired by a laudable ambition, he has a right to look forward to the increns- ing honors which a successful professional career is sure to bring.

NATHAN B. MORSE.

IN the year 1827-fifty-seven years ago-there was a law firm in the village of Brooklyn, known under the namo and style of Morse & Rockwell. The senior member of that firm was Hon. Nathan B. Morse. The junior member was William Rockwell, afterwards a distinguished judge of the Supreme Court of the State, whose biography appears in the Bench and Bur of Kings County. The Kings County Bar, at the time this firm was doing business, consisted of only fourteen members, and we believe Judge Morse is the only one of them now living. Morse, like Rockwell, rose to high distinction in his profession, and, like him, received high judicial honors. He was appointed District Attorney of the county, April 20, 1830.

Nathan B. Morse was born at Canterbury, Conn., Nov. 14, 1799; his father was Peter Morse, and his mother's maiden name was Ducenor Brewster. After receiving a good prepara- tory education, he began the study of law with Hon. Ebenezer Young, of Killingly, Conn. He was admitted to the Connecticut Bar, and went into partnership with Mr. Young for a time. Early in October, 1825, he moved to Brooklyn, and was immedi- ately admitted a counselor of the Supreme Court of the State of New York, and commenced the practice of his profession under favorable circumstances. After practicing two years alone, he became, as we have seen, the law partner of Judge Rockwell, the successor of District Attorney

JAMES B. CLARK.

MR. CLARK was appointed District Attorney, March 2, 1819, under the old act of 1801, dividing the county into seven districts, there being one District Attorney for each district. Mr. Clark served under that appointment until the Constitution of 1821 abolished these seven districts, making each county a district, and provid- ing for the appointment of a District Attorney in each county, by the Court of Common Pleas of the county. Immediately after the adoption of the Constitution of 1821, Mr. Clark was appointed District Attorney for Kings County, holding the office until March 26, 1830, when, as we have said, he was succeeded by Judge Morse. Mr. Clark is represented as one of the ablest lawyers of his time, peculiarly qualified for a public prose- cutor. He had cultivated and practiced the eloquence of the Bar with practical success; was keen and penetrating in rend- ing men, and this made him close and searching in the exami- nation of witnesses. It is said that on the cross-examination of witnesses, if the occasion required, he could be terrible; there seemed to be a subtle influence darting from his eyes that enabled him to draw forth the secrets of the most unwilling and adroit witness. For the long period of eleven years in which he served as public prosecutor of the county, he continued to increase in the confidence of the people; searching, severe and successful as he was in bringing criminals to justice, he pos- sessed the rare quality of knowing just when the cause of the people and of justice would be subserved by forbearance and leniency; he did not deem it necessary for his reputation that every criminal brought to the Bar should be convicted.

He was equally able as a general practitioner in civil cases, being able to adapt himself without apparent effort to all kinds of legal business, and he maintained his ascendency at the Bar

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for many years. Such was James B. Clark, the first District Attorney of Kings County, under the Constitution of 1821.

Mr. Morse, though he took the place of a prosecuting officer, like Clark, was eminently successful in the discharge of his duties; he served till May, 1833, when he was succeeded by his law partner, William Rockwell, who served till June 3, 1839- six years-when Judge Morse was again appointed, and be- came his successor. Under this appointment, Judge Morse served until June, 1847, when he was succeeded by General H. B. Duryea. It will be seen that Judge Morse's first term as District Attorney expired early in April, 1830.

On April 30, 1833, he was appointed First Judge of Kings County, in place of Judge John Dikeman, serving until April, 1838, when John A. Lott was appointed his successor. Upon leaving the Bench, Judge Morse returned to the practice of his profession.

At the judicial election held June 11, 1847, Judge Morse was elected a Justice of the Supreme Court of the State for the term of six years. He began his judicial duties on the following January; his judicial term expired December 31, 1853, when he retired to private life. He had been most of the time for twenty-three years in public life.

Judge Morse brought to the Bench great uprightness, fairness and impartiality and ample legal attainments. The style in which his charges were given, and his opinions written, was creditable to him; the reasonings embodied in them corres- ponded fully with the language in which they were presented. His manner on the Bench was amiable, with sufficient force of character and dignity to command respect. In private life, as well as in official life, he is greatly esteemed; even now, in his advanced age, he retains his mental and physical powers to such a degree that he is still comparatively active in business; and as President of the Fulton Ferry Company, is in the daily habit of transacting correctly and expeditiously the affairs of his office.

N. F. WARING.

AMONG the many honored associates of Judge Morse at the Brooklyn Bar fifty years ago, was N. F. Waring, who stood for many years at the head of the profession in Kings, and in the adjoining counties. Perhaps no name appears more frequent- ly in the books which record the litigated cases of his day than Mr. Waring's. In examining the old court calendars of the past, we find a large number of the cases in them represented by him. We are informed by those who knew Mr. Waring that he possessed many of the best qualities which render a lawyer successful, and a man estimable. His perceptions were quick; his judgment strong; his capacity for drawing nicc distinctions good, and he always expressed himself in language best suited for the communication of his ideas. He was extremely well read, and his knowledge of legal principles precise, accurate and always at his command; and his strong, retentive memory never relaxed its grasp upon any useful information with which it had once been stored.

At the time of which we are writing-fifty years ago -- there were others of the few associates of Morse and Waring at the Bar whose names are invested with historic interest, and a record of whose careers appears in the first volume of this work, in the department of the Bench and Bar of Kings County. These were John Dikeman, Henry C. Murphy, Alpheus P. Ralph, Cyrus P. Smith and Gabricl Furman. Since that time the county Bar has increased from twenty to over twelve hundred members. There is a moral and a lesson in this change which another pen than ours may seize upon with abundant success, profit and interest.

HENRY A. MOORE.

THE contest between William Rockwell, afterwards a judge of the Supreme Court of the State, and Samuel E. Johnson, over

the office of County Judge of Kings County, in the fall of 1848, was an important event in legal history. Both of these gentle- men stood high at the Bar, and were opposing candidates for the office of County Judge at the general election which took place in the fall of 18 -; the contest between them was so close that both claimed the certificate of election; it was, however, awarded to Judge Rockwell, but the question was contested by Mr. John- son in the Supreme Court, and, on October 28th, 1848, thattribu- nal decided in favor of Judge Johnson, and he took his seat upon the Bench, serving out his judicial term, which was then three years. It expired December 31st, 1851. In the autumn of that year, Henry A. Moore became a prominent candidate for the office of County Judge, was nominated and elected, and entered upon his judicial duties January 1st, 1852. Judge Moore has long been identified with Brooklyn.

After the usual preparatory education, he entered the law office of Lott, Murphy & Vanderbilt as a student at law. Un- der the tuition of these accomplished and distinguished lawyers, young Moore received his legal education. The office of this firm presented peculiar facilities for acquiring a correct practical knowledge of law; that young Moore fully availed himself of these facilities is fully illustrated in his subsequent life. After passing a creditable examination he was called to the Bar, and entered upon his practice in Brooklyn. At the first election un- der the Constitution of 1846, which took place in June, 1847, General Harmanus B. Duryea was elected District Attorney of Kings County. Judge Moore, who had then been at the Bar but a brief period, received the appointment of Assistant District Attorney. He brought to the duties of this office qualifications which enabled him to discharge its duties in a manner credit- able to himself and advantageously to the public. Judge Moore continued his practice until he was elected County Judge, as we have seen, in the fall of 1851. His official term expired Decem- ber 31st, 1855, when he was succeeded by Hon. Samuel D. Morris, who was elected at the November election of that year. Judge Morris was succeeded by Samuel Garrison, whose term of office expired December 31st, 1863. Judge Garrison was succeeded by Hon. John Dikeman, whose term of office expired December 31st, 1867. Judge Dikeman's successor was Hon. James Troy, who retired from the Bench December 31st, 1871. During the term these gentlemen had occupied the Bench, Judge Moore de- voted himself to the duties of his profession with distinguished success.

As a public prosecutor, he had become familiar with criminal law practice, which requires a critical knowledge of the statutes, the common law, the rules of evidence and of precedent; as it had strong attractions for him, he united considerable criminal practice with his rapidly increasing civil business.

Among the criminal cases celebre in which Judge Moore ap- peared as counsel for the defence, was the case of the People vs. Thomas Murphy, indicted for the murder of Andrew Murphy, at Williamsburg; and the People vs. Owen Hand, indicted for the murder of James Donnell, August 14, 1869. The trial of Hand took place in 1870, and was protracted and interesting. That of Murphy began October 13th, 1870, continuing several days. Mr. Britton, then District Attorney, appeared for the people in beth these cases. These trials created great interest, and are remem- bered for the very able and exhaustive efforts in which the dis- tinguished opposing counsel conducted their respective sides of the case. But Judge Moore's career at the Bar was terminated by his second election to the Bench of the County Court in the autumn of 1871.

He began his judicial duties January 1st, 1872. By re-election he has occupied the Bench of the County Court from that time down to the present time. In the fall of 1883 he was re-elected for another judicial term of six years; this term commenced January 1st, 1884. It will thus be seen that he has presided en the Bench over fourteen years; that when his present term ex- pires he will have served for the unexampled long time of twenty

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years. These repeated elections are the most eloquent endorse- ment of Judge Moore's official career.

It is evident that he finds a laudable pleasure in performing the duties of the high office to which he has so many times been elected by the suffrages of the people, and to the gratifica- tion of the Bar. His great experience renders business easy and familiar to him, and he gives it despatch, without precipi- tancy or undue haste. He comes to his opinions, decisions and rulings with characteristic promptness, directness and clearness, plainly, concisely and briefly, without the least amplification. Partiality or prejudice, fear or favor, or the apprehension of any consequences personal to himself, have never exercised the slightest influence over his deliberations, or for one moment clouded his views or warped his judg- ment. This we believe to be the opinion, not only of the Ber, but of the public, concerning Judge Moorc. We might say more of him within the bounds of propriety and fairness; we certainly could not say less, and do justice to one whose legal and judicial career covers so long a period in the history of Kings County, and which has been so acceptably discharged.

EDGAR M. CULLEN.

JUDGE CULLEN, one of the younger members of the judiciary of the State, was born at Brooklyn, in the yenr 1843. His father was Dr. Henry J. Cullen, a distinguished and highly esteemed physician and surgeon of the city, who died greatly lamented several years anterior to this writing.

At an early age, young Cullen entered Kinderhook Academy, where he prepared for college. Choosing Columbia College for his Alma Mater, he was graduated from that institution in 1860, with those high classic endowments which have been so useful to him. He was then hut seventeen years of age. At that time it was his own desire, as it was of his friends, to adopt the pro- fession of a civil engineer; accordingly, immediately after lesving college, he entered the Troy Polytechnic Institute, where he pursued his studies with great diligence until the beginning of 1863, when the stirring events of the great Civil War called him from his studies to the field. Early in 1862, he was commissioned by President Lincoln second lieutenant in the First United States Infantry. At this time his regiment was in active service, and young Cullen entered at once into the bloody drama of war. As his corps was connected with the Western Department, or the Department of the Mississippi, Cullen-then a mere boy- participated in the memorable battles of Corinth and Farm- ington, and passing with General Grant through the siege of Vicksburg.

Lste in 1862, Governor Morgan commissioned him colonel of the 96th N. Y. S. V's.

Colonel Cullen was at that time but nineteen years of age, one of the youngest officers of that grade in the army. His valor end accomplishments as a soldier need no other descrip- tion than the record of his rapid promotion.

He immediately assumed his new command. His regiment was attached to the 18th Army Corps, and did valiant service in the campaign which resulted in the fall of Petersburg, and the bloody contests which led to the capture of Richmond. Just before the close of this glorious campaign, Col. Cullen received & wound so serious that he was compelled to retire to his home, and he resigned his commission. Recovering from his wound, he spent a year in civil engineering, engaged, we believe, on the South Side L. I. Railroad, that line of transit then being in course of construction. At the conclusion of this engagement ha decided to enter the legal profession.

Hs is a nephew of Hon. Alex. McCue, and entered his uncle's office as a student at law, under whose instruction he prepared for the Bar. In 1867 he took his degree as an attorney and counselor at law, entering at once upon an honor- able and successful practice. Few, if any, members of the

junior Bar of the city ever attained a higher position in the profession in so short a time as did Mr. Cullen. During Governor Tilden's administration, he received the appointment of Engineering Officer on his staff, with the rank of Brigadier- General.

Judge Cullen early became a member of the Democratic party, adhering firmly to its tenets, and was ardent and influential in his advocacy of them. He continued his professional advance- ment, gaining the confidence and esteem of his brethren of the Bar to such an extent that, on the 5th of October, 1880, he received the nomination for a Justice of the Supreme Court of the Second Judicial District, and was elected. His judicial term began January 1, 1881.

His accession to the Bench was gratifying to the Bar and to the judiciary; the diligence, conscientiousness, fairness and learning which has thus far characterized his official career give abundant promise of future usefulness and juridical honors. Judge Cullen's social relations are of the most agree- able character; he is, as we have said, not only popular with the profession, but with his fellow-citizens.

THOMAS E. PEARSALL.

MR. PEARSALL was born in the city of Brooklyn in the year 1842. His ancestors for several generations have been Brooklyn- ites, and his grandfather was the owner of that densely popu- lated portion of the city, geographically and traditionally known as "Pearsall's Farm." Had the property been devised from father to son, instead of sold, as it was long before Brook- lyn's magnitude was foreseen, the possession of it by one family would rate them among the most affluent persons in any country. It was not to be so, however, and now thousands of people divide among them what was once the estate of a single gentleman, "situated some miles out of the town of Brooklyn."

Mr. Pearsall attended the public schools of Brooklyn, and acquired a solid, practical education, up to the time when he resolved to choose his course in life. He was led towards the law; while only fifteen years old he entered the office of Ex- Judge Samuel Garrison, of Brooklyn. In that office he re- mained as helper and student in one, till he had just attained his twenty-first year. He was then admitted to the Bar, by examination at Poughkeepsie. For the first year he maintained professional relations with Mr. Garrison; but throughout the three years thereafter he conducted the legal business on his own account, with most flattering and increasing success, and during that period he was retained as attorney and counsel for one of the heirs under the will of Peter O'Hara, deceased; there was a large amount of property involved, the distribution of a large portion of which depended upon the construction of the will of the deceased. Opposed to Mr. Pearsall in this case was Hon. Henry C. Murphy. The case was carried by appeal to the Court of Appeals, and resulted in a decision in favor of Mr. Pearsall's client (O'Hara v. Dever, 3 Abb. Ct. App. Dec., 407).

On December 23, 1867, he was tendered a partnership relation by ex-Judge Samuel D. Morris, then District Attorney of Kings County. The offer was accepted, and the relation has continued with pleasure and distinction to both gentlemen until the present time. From 1868 to 1872, Mr. Pearsall was the Assistant District Attorney of Kings County, and he discharged with intelligence and fidelity, and great expedition, the duties of that office, in addition to his share in the private business of the firm of Morris & Pearsall. During the period last indicated, Mr. Pearsall appeared in the Fanny Hyde-Watson and the Irish-Anderson murder cases, and in other almost as celebrated civil and criminal issues.

In the cases enumerated, the sides represented by Mr. Pearsall have been successful in the final result attained by the trial of the causes. In the case of Tilton vs. Beecher, Mr. Pearsall, for the plaintiff, was intrusted with much of the preparation

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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 152

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