USA > New York > Jefferson County > The growth of a century: as illustrated in the history of Jefferson county, New York, from 1793-1894 > Part 58
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THE JUDICIARY.
WE are under obligation to Mr. L J. Dor- win, so long identified with the bar of Jeffer- son county, for much that precedes this page, relating to older and more distinguished members of the bar. The younger class, who
are at present the working force at the bar of Jefferson county, the writer does not know much of. They appear to be a promising collection of pushing young men, but their exact value to the community must, for the present, be an open question.
We append what is believed to be an accu- rate list of the members of the bar, as the list appeared on July 1, 1894, and precede that list with some remarks upon the method of administering justice for the past 75 years.
Even a partial allusion to the bench and bar of the county of Jefferson would be in- complete without a brief history of the courts as existing at the time of its organization, their origin, jurisdiction, their officers, and how they were appointed.
The administration of justice in this county at the time of its organization, and thereafter, was part of the judicial system of the whole State, differing in many essentials from that now in force.
The first court was held in the school-house next south of Jonathan Cowan's mills, in the village of Watertown, until the term in 1809. Subsequent to that they were held in the new court-house. built upon a lot conveyed to the county by Henry Coffeen, for the purposes of a court house and jail, and so long as they should be used for that purpose. The lot was the same as the one on which the present jail is situated. This court-house was burned in 1821, and a new court-house, of stone, was erected on the same site, in which courts were held until 1858 or 1859. The old stone build- ing became so dilapidated that it was totally unsuitable for court purposes, and courts were held in Apollo Hall on Court street, and in Washington Hall, until the erection of the present court house in 1862. This house was dedicated October 7, 1862. The occasion was the sitting of the General Term of this dis- trict; present, the following judges: Joseph Mullin, Henry A. Foster, Leroy Morgan and William J. Bacon.
The following are the first judges of the Common Pleas, district attorneys, sheriffs, surrogates and county clerks, from the organ- ization of the county, down to 1894, as taken from the eivil list, and for which we are in- debted to County Clerk Pierce, to whom we also owe many acknowledgements for other interesting data:
JUDGES.
Augustus Sacket. 1807
Moss Kent 1810
Abel Cole 1818
Egbert TenEyck
1826
Calvin Mcknight.
1829
Thomas C. Chittenden
1840
Calvin Skinner
1845
Robert Lansing
1847
William C. Thompson
1851
Charles D. Wright
1859
Azariah H. Sawyer
1867
Charles H. Walts
1872
Charles H. Walts. 1883
John C. McCartin. 1889
Henry Purcell 1891
Edgar C. Emerson
1892
DISTRICT ATTORNEYS.
Nathan Williams until 1808
Samuel Whittlesey until 1813
269
CITY OF WATERTOWN.
Amos Benedict. .appointed March 18, 1813
Ela Collins
1815
David W. Bucklin
1818
Daniel Lee 1840
Horatio Shumway
.1820
Charles B. Hoard 1843
David W. Bucklin
1821
Robert Lansing
1826
George C. Sherman
1833
Dyer N. Burnham
1840
Joseph Mullin
1843
Robert Lansing
1845
Joshua Moore, Jr
1846
Joshua Moore, Jr
1847
James F. Starbuck
1850
Delano C. Calvin.
1853
David M. Bennett
1856
Lafayette C. Bigelow
1862
Bradley Winslow
1865
Pardon C. Williams.
1868
Watson M. Rogers
1874
Edgar C. Emerson 1880
1883
Frank H. Peck 1886
Frank H. Peck
1889
Virgil K. Kellogg
1892
SHERIFFS.
Abel Sherman
April 3, 1805
Hugh Henderson 1808
Perley Keyes 1808
David I. Andrus 1812
John Paddock 1813
David I. Andrus.
1815
Joseph Clark.
1818
Amasa Trowbridge
1819
Jasan Fairbanks
1821
Jasan Fairbanks
1822
Henry H. Coffeen
1825
John Fay.
1828
Heman Millard
1831
Chauncey Baker
1834
Abner Baker
1837
Albert P. Brayton
1840
Walter Collins
1846
Rufus Herrick
1849
Daniel U. Rouse.
1852
Wells Benton
1855
Ahner Baker
1857
Tilly R. Pratt
1857
Francis A. Cross
1860
Nathan Strong
1863
James Johnson
1866
Addison W. Wheelock
1869
George Bahhitt
1872
Abner W. Peck.
1875
Leonard Seaton .1878
G. Harrison Smith
1881
James M. Felt
1884
Willard E. Saxe 1887
Levi Washburn 1890
Edward Barton
1893
SURROGATES
Benjamin Skinner 1805
Amasa Trowbridge 1811
John M. Canfield 1811
Elisha Camp 1813
David Perry 1815
Lyman Munson 1816
Benjamin Wright 1820
Lyman Munson
1821
Benjamin Wright
1823
John Clarke .. 1840
Nathaniel P. Wardwell. 1844
Lysander H. Brown. 1847
James R. A Perkins
1851
Milton H. Merwin 1859
David M. Bennett . 1863
William W. Taggart 1867
Ross C. Scott. 1877
Ross C. Scott. 1883
Ross C. Scott
1889
CLERKS.
Henry Coffeen 1805
Egbert TenEyck 1807
Benjamin Skinner 1811
Richard M. Esselstyn 1813
Benjamin Skinner 1815
George Andrus 1820
Henry H. Sherwood.
1821
James G Lynde 1846
Isaac Munson
1849
John L. Marsh
1852
Russell B. Biddlecom
1858
Dexter Wilder
1861
Nelson D. Ferguson Jacob Stears, Jr.
1870
George Cole
1876
Fred Waddingham
1879
O. De Grasse Greene. 1885
F. D. Pierce
1891
Without attempting to trace the original organization of courts in the State of New York. it serves our present purpose to state that the constitution of 1777 provided for the appointment of all their officers-that of chancellors, judges of the Supreme Court, and the first judge of every County Court, by the Governor, to hold their offices during good behavior, or until they attain the age of 60 years; that sheriffs and coroners be thus annually appointed, but no one person to hold either of said offices more than four years suc- cessively ; that the registers and clerks in chancery be appointed by the chancellor; the clerks of the Supreme Court by the judges of said court; all attorneys thereafter to he ap- pointed by the court and licensed by the first judge of the court in which they shall res- pectively plead or practice, and be regulated by the rules and orders of said courts. By this constitution a court for the trial of im- peacbments and the correction of errors was for the first time established- familiarly known as the "Court of Errors,"-which con- tinued as thus organized until the constitu- tion of 1846.
The counties of Jefferson and Lewis were organized in one act, passed March 28, 1805. In this act were the following provisions, viz .: Sec. 4, " And be it further enacted. That there shall be held in and for the said counties of Jefferson and Lewis, respectively, a Court of Common Pleas and General Ses- sions of the Peace, and that there shall be two terms of the said courts in each of the counties respectively in every year, to com- mence and end as follows, that is to say: the first term of the said court in the said county of Jefferson shall begin on the second Tuesday of June in every year, and may con- tinue to be held until the Saturday following, inclusive, and the second term of the said court in the said county of Jefferson shall begin on the second Tuesday in December in every year, and may continue to be held un- til the Saturday following, inclusive. Similar provisions as to Lewis county. And pro- vided further, That the first of the said courts in each of the said counties should be held on the second Tuesday of December next. Sec. 9, And be it further enacted, that no Circuit Court, or Court of Oyer and Terminer and General Gaol delivery shall be held in either of the said counties of Jeffer- son and Lewis, until the same shall, in the opinion of the justices of the Supreme Court, become necessary."
Henry H. Sherwood 1822
Peleg Burchard 1828
1867
Bradley Winslow 1859
Edgar C. Emerson
Herman Strong 1843
270
THE GROWTH OF A CENTURY.
The courts, as thus organized, continued until the adoption of the second constitution of this State, which took effect January 1, 1823. By this constitution the Supreme Court consisted of a chief justice and two justices. It further provided that the State be divided by law into a convenient number of circuits, not less than four nor exceeding eight, subject to alteration by the Legislature from time to time, as the public good may re- quire; "for each of which a circuit judge shall be appointed in the same manner and hold his office by the same tenure as the justices of the Supreme Court, and who shall possess the powers of justices of the Supreme Court at chambers, and in the trial of issues joined in the Supreme Court; and in courts of Oyer and Terminer and Goal Delivery, and such equity powers may be vested in said cir- cuit judges, or in the county courts, or in such other subordinate courts as the Legis- lature may by law direct, subject to the appellate jurisdiction of the chancellor."
It further provided that the judges of county courts should hold their offices for five years.
Under this constitution an act was passed by the Legislature of the State, April 17, 1823, dividing the State into eight circuits, corresponding with the then senatorial dis- tricts, and providing for the appointment of judges for said circuits, and defining their powers and jurisdiction. By this act it was further provided that the said circuit judges shall have, within the limits of their respect- ive circuits, concurrent jurisdictions with the chancellor of this State, of all matters and causes in equity of every description and character, subject, however, in all cases, to the appellate jurisdiction of the chancellor. The courts thus organized remained un- changed down to the constitution of 1846.
The first term of the County Court, of which there is any record, was held on the second Tuesday of May, 1807, at the school- house next south of Jonathan Cowan's mill, in the town of Watertown. Present: Augus- tus Sacket, first judge; Joshua Bealls, Perley Keyes, judges; Thos. White, assistant justice.
The next term of the court was held on the same place on the second Tuesday of August, 1807, before the same judges.
The records of the court were often im- perfectly kept. At some of the terms there is no record of the judges holding the same; and until about the year 1815 there is no record of any order admitting attorneys to practice.
JEFFERSON COUNTY BAR.
ADAMS-T. P. Saunders, I. L. Hunt, Jr., E. F. Ramsdell, G. B. R. Whipple, W. H. H. Taylor, W. H. Gilman, A. F. Saunders, T. F. Saunders, L. E. Pruyne, E. S. Hunt.
ADAMS CENTRE-A. E. Cooley.
ANTWERP-J. F. Cook, J. C. Trolan, H. J. Foote.
CARTHAGE-H. J. Welch, H. C. Cook, L. J. Goodale, A. H. Francis, A. E. Kilby, F. T. Evans, V. K. Kel- logg, W. B. VanAllen.
CAPE VINCENT-M. E. Lee. N. F. Breen.
CLAYTON-Horace E. Morse, Wm. H. Rees, F. D. Barker, G. E. Morse.
HENDERSON -- A. M. Leffingwell.
REDWOOD-A. Harder.
THERESA-Arthur L. Chapman, Geo. P. Breen.
MANNSVILLE-A. A. Wheeler.
LAFARGEVILLE-Wayland F. Ford.
Ox Bow-M. V. Brainard.
LERAY-Wm. S. Phelps.
WATERTOWN-John Lansing, Levi H. Brown, Allen C. Beach, Charles D. Wright, Luther J. Dorwin, Bradley Winslow, Milton Ballard, A. H. Sawyer, W. F. Porter, C. H. Walts, Ross C. Scott, W. M. Rogers, Joseph Mullin, E. C. Emerson, Thomas F. Kearns, Francis N. Fitch, Hannibal Smith, Henry Purcell, Daniel G. Griffin, Geo. S. Hooker, C. W. Thompson, S. S. Trowbridge, W. A. Nims, H. M. Wilbur, James A. Ward, Elon R. Brown, Joseph Atwell, Jr., C. L. Adams, Sam Child, G. H. Walker, Joseph A. MoCon- nell, Fred A. Baldwin, B. A. Field, H. W. Steele, N. VanNamee, A. Goodale, John N. Carlisle, John Con- hoy, Robert Lansing, Isaac R. Breen. Edmund R. Wilcox, Fred B Pitcher, George H. Cobb. Edward N. Smith, Harold L. Hooker, Charles G. Porter, William W. Kelley, Thomas Burns, Joseph Nellis, Gary M. Jones.
COUNTY OFFICERS.
Edgar C. Emerson, County Judge, Watertown.
A. E. Cooley, Special County Judge, Adams Cen- tre.
Ross C. Scott, Surrogate. Watertown.
F. T. Evans, Special Surrogate, Carthage.
Edward Barton, Sheriff, Watertown.
Frank L Baker, Under Sheriff, Watertown.
Frank D. Pierce, County Clerk, Watertown.
William W. Kelly, Deputy County Cierk, Water- town.
Virgil K. Kellogg, District Attorney, Watertown.
Justin W. Weeke, Crier, Watertown.
Willard C. Porter, Justice of Sessione, Theresa. Henry Flint, Justice of Sessions, North Wilna.
Addison L. Upham, County Treasurer, Watertown. A. F. Saunders, U. S. Loan Commissioner, Adams. William H. H. Sias, Coroner, Adams.
Elmer E. Eddy, Coroner, Redwood.
LaDette G. Gifford, Coroner, Watertown.
John P. Martin, County Court Stenographer, Watertown.
Jacob Stears, Jr., Clerk Board of Supervisors, Watertown. S. Whitford Maxson, School Commissioner, Adams Centre,
J. Frank LaRue, School Commissioner, Philadel- phia. R. Sheridan Clarke, School Commissioner, Cape Vincent.
NAMES AND RESIDENCES OF DEPUTY SHER- IFFS.
Willard E. Saxe, Watertown.
B. C. Budd, Carthage,
S. M. Byam, Chaumont.
R. M. Esselstyn, Clayton.
M. M. Miller, Evans Mills.
D. W. Youngs, Adams.
E. D. Bellinger, Lorraine.
Geo. R. Collins, Henderson.
T. T. Ballard, Antwerp. W. J. Guthrie, Philadelphia.
Fred B. Webb, Pierrepont Manor.
John W. Caris, Omar.
TERMS OF JEFFERSON COUNTY COURT AND COURT OF SESSIONS-1894.
On the second Monday of January.
On the second Monday of March.
On the second Monday of June.
On the first Monday of December.
A petit jury is required to attend each of said terms.
Terms for hearing of motions, etc., without a jury,
to be held at the chambers of the County Judge:
On the fourth Monday of February.
On the fourth Monday of April.
On the fourth Monday of June.
On the second Monday of September.
On the first Monday of November.
Motione will also he heard on the morning of the first day of any Jury Term.
271
CITY OF WATERTOWN.
SUPREME COURT APPOINTMENTS FOR 1894. FIFTH JUDICIAL DISTRICT.
January 8, Circuit O. and T., Syracuse; Williams. January 8, Circuit O and T., Utica; Vann.
January 8, Circuit O. and T., Oswego; Wright February 5, Circuit O. and T., Watertown, McLen- nan. February 13, Special Term, Syracuse; Vann. February 13, Swecial Term, Utica: Wright. March 5, Circuit O. and T., Syracuse; Vann. March 5, Circuit O. and T., Rome; Williams. March 13, Special Term, Oswego; McLennan. April 2, Circuit O. and T., Pulaski; McLennan. April 2, Circuit O. and T., Herkimer; Vann. April 2, Circuit O. and T .. Lowville; Williams. May 7, Circuit O. and T., Syracuse; Wright. May 7, Circuit O. and T., Utica: McLennan. May 7, Circuit O. and T., Watertown; Williams. June 5, Special Term, Syracuse; Wright. June 5, Special Term, Rome; McLennan. June 5, Special Term, Watertown; Williams. September 18, Special Term, Oswego; Wright. September 18, Special Term, Herkimer; Williams. September 18, Special Term, Lowville; Vann. October 1, Circuit O. and T., Syracuse; McLennan. October 1, Circuit Part 2, Syracuse; Vann. October 1, Circuit O. and T., Rome; Wright. October 1, Circuit O. and T., Oswego; Williams. November 7, Circuit O and T., Watertown; Vann. November 13, Special Term, Syracuse; McLennan. November 13. Special Term, Utica; Williams. December 3, Circuit O. and T .. Herkimer; Wright. December 3, Circuit O. and T., Lowville; McLen- nan.
December 11, Special Term, Watertown; Vann.
SPECIAL TERMS FOR MOTIONS-1894.
First Saturday in each month, except July and August, at Syracuse; Vann.
Second Saturday in each month, except July and August, at Syracuse; McLennan.
Third Saturday in each month, except July and August, at Syracuse; Vann.
Fourth Saturday in each month, except July and August, at Syracuse; McLennan.
Second Saturday in January, March, May, Septem- her and November, at Utica; Williams.
Second Saturday in February, April, June, October and December, at Utica; Wright.
First Saturday in each month, except July and August, at Watertown; Williams.
Third Saturday in each month, except July and August, at Oswego; Wright.
Second Saturday in July. at Syracuse; Williams. Second Saturday in August, at Utica; Wright.
Special Terms will he held in connection with the Circuits, but no motion contrary to Standing Rule No. 38 will be heard. except upon orders to show cause granted by the judges appointed to hold the Circuits.
Equity causes may be noticed and placed upon the calendar for trial at the Special Terms held in con nection with the Circuits in the counties of Herkimer and Lewis.
GENERAL TERMS-FOURTH DEPARTMENT.
February-First Tuesday: Binghamton. April-Fourth Tuesday ; Syracuse. September-Second Tuesday; Utica. November-Third Tuesday; Syracuse.
COUNTY COURT JUDGES.
Of the life and character of those judges who held terms of County Courts early in the present century, but little is known. We name only a few of the more prominent, and only such as were not " learned in the law," that is, were not members of the legal pro- fession. They were usually appointed for political reasons by Governors of the State.
Augustus Sacket was a very estimable gentleman, from whom Sackets Harbor took its name. He was part proprietor and agent
of the lands comprised in that village. It does not appear from the record that he offici- ated in any of the courts in this county in any other capacity than that of first judge.
Ethel Bronson was one of the early settlers of Rutland, was agent of the proprietors, and was the father of Isaac H. Bronson, heretofore mentioned.
John Brown resided at Brownville; was a brother of General Jacob Brown, of the army of 1812, from whose father the town took its name. " But in the mutations of life it re- tains now scarcely anything of this family or its fortunes, save the distinguished name "
Noadiah Hubbard was one of the very first settlers of the town of Champion, and a resi- dent there until a few years since, when he died nearly 100 years of age. He was the father of Frederick W. Hubbard, one of the justices of the Supreme Court from 1852 to 1858, now deceased, and of Mrs. George C. Sherman, who is now living, and of Mrs. Robert Lansing, now deceased.
Hart Massey, born in Salem, N. H., Decem- ber 5, 1771; came to Watertown in 1800; pur- chased a tract of land on which a portion of the city of Watertown is now situated; moved his family here in 1801: and first re- sided in a house where the Paddock Arcade now is, then on the lot now owned by E. L. Paddock, on Washington street. In 1812 he built the first brick house erected in the county, which is now standing on Massey avenue. He was appointed a judge in 1820.
Undoubtedly one of the ahlest of the early county judges was Perley Keyes, a bright but uneducated man, and better remembered as a local politician than as a judge. By nature he was a man of superior intellect and nerve. He was the father of Perley G. Keyes, known in his day as Gardner Keyes, and grandfather of Rev. Richard G. Keyes, now living in the old homestead in Water- town. He died May 13, 1834, and was buried in a cold snow storm; while the 1st of May, 1894, shows strawberries and many fruit trees in blossom, and the forests putting on their robes of green.
Hiram Dewey lived in Orleens. He held the office of judge during the latter part of the existence of the old Court of Common Pleas. He was a farmer until he became a large stockholder and an officer of the Jeffer- son County Agricultural Insurance Company, when he removed to Watertown, and resided there until his death.
Jason Clark resided at Plessis, in Alexan- dria. He was the general land agent for Woodruff and Stocking; had been a surveyor for LeRay for many years; was repeatedly elected supervisor of his town. He was an intelligent and influential man, and well known throughout the county.
This comprises the most of those who officiated on the bench during the existence of the old Common Pleas-not lawyers by profession. There are few persons now liv- ing who remember these men or their history. What has been written of them has been obtained mostly from the records. On the
272
THE GROWTH OF A CENTURY.
abolition of the old Court of Common Pleas by the constitution of 1846, its place was taken by what is now known as the County Court, which has the same relative jurisdic- tion as the Court of Common Pleas, one judge being elected by the people, whereas he had previously been appointed by the Governor. At the present time the county judge is elected for six years. This county judge has two assistants, who are denomin- ated justices of sessions, but they have noth ing to do with the trial of civil cases. Such, in brief, is the organization of the present County Court.
THE SUPREME COURT.
Under the present organization, each State Senatorial district was made a judicial dis- trict, and in each district four judges were elected, each having concurrent jurisdiction. At present the State is divided into five judici- al departments, and the Governor selects from the judicial (formerly Senatorial) dis- tricts certain judges who are to hold the General Term, to which appeals are taken from the Circuit Courts. Appeals are also heard at General Term from the County Court; and appeals from the decisions of the General Term are brought before the Court of Ap- peals.
The first Supreme Court held in Jefferson county, was on June 17. 1807. at the same place where the Court of Common Pleas was held. Present: Hon. Smith Thompson, justice; Augustus Sacket, Joshua Bealls, Perley Keyes, judges; Lyman Ellis, assistant justice.
The sixteenth and last Supreme Court was held in June, 1822. Present: Ambrose Spencer, chief justice; Egbert TenEyck, Richard Goodell, Hiram Steele, judges.
This brings us down to the circuit courts held under the constitution which took effect January 1, 1823. Under this constitution Nathan Williams was appointed circuit judge for the fifth judicial district, and continued to serve as such until the appointment in his place of Samuel Beardsley, April 19, 1834. It does not appear from the record that he ever officiated as such judge, and is supposed to have resigned or not to have accepted the appointment, for, on May 7, 1834, Hiram Denio was appointed such judge in his place. He officiated until April, 1838. Isaac H. Bronson was appointed in the place of Hiram Denio, who resigned on account of ill-health. Bronson was then a member of Congress from this district, and his vote was wanted in Congress to sustain the administration of Martin Van Buren as President; for this rea- son he declined to accept the appointment. In the fall of 1838 he was a candidate for re- election, and was defeated. He was subse- quently appointed by Van Buren as judge of the United States Circuit Court of Florida. He left Watertown, and thereafter resided in Florida during the remainder of his life On June 17, 1848, Philo Gridley was appointed circuit judge for this district, and immedi-
ately entered upon the duties thereof, and continued to act as such circuit judge and vice-chancellor until July, 1847, when the constitution of 1846 went into effect.
LYSANDER H. BROWN.
The life. character and eminent ability of Lysander H. Brown, a member of the Jeffer- son county har, deserve more than a com- monplace tribute. The germ of eloquence seems to have been born in him. It was not the eloquence that entertains without instruct- ing, but the eloquence of manner, thought and diction that leaves a lasting and ennobl- ing impression upon the mind. He was born in Brownville, December 20, 1808. The early part of his life was spent upon a farm; and he attended, during the winter, the district school. In 1828 or 1829 he entered Union Academy, at Belleville, where he remained two years. It was here that he had the op- portunity of cultivating his special gift. În 1831 he entered Union College. graduating in July, 1834. During this time the Rev. Dr. Nott, in the full vigor of his life, was the president, and Dr. Alonzo Potter, afterwards bishop of the diocese of Pennsylvania, was the vice-president of that institution, with a large faculty possessing as high a character, and occupying as high a position in public estimation, as any institution of learning in the country. Young Brown found there ample opportunity to cultivate that gift of eloquence so marked a feature in his lite.
Graduating with the highest honors of the college, Mr. Brown, in October, 1834, be- came the principal of the Champion Academy. Under his direction that academy at once took high standing among the educational institu- tions of the country. He remained in charge of the academy until March, 1838. It was during this period that the public first be- came acquainted with his ability as a capti- vating public speaker. In March, 1838, he left the academy and came to Watertown to complete the study of the law. It was during this summer that he commenced his political life by public speeches in favor of the election of Isaac H. Bronson for Congress. In October, 1839, he was admitted to practice in the Supreme Court. In 1840 he was in the political field in support of Martin Van Buren, but his eloquence made little impression against the senseless excite- ment of that log cabin campaign.
In 1844 occurred the presidential campaign between James K. Polk and Henry Clay. During this campaign Mr. Brown was nomi- nated for the Assembly. The ablest political speeches Mr. Brown ever made were during this campaign for the election of the Demo- cratic candidate for President. Mr. Brown was elected to the Assembly, and took his seat January 1, 1845. His acts there are a matter of public record. It was universally conceded that he was the best speaker in the House. In 1847 he was elected surrogate, and ' held the office from 1847 till 1852. He died in 1892, full of years and of honors.
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