USA > New York > Dutchess County > The history of Dutchess County, New York > Part 45
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These innovations and improved adjuncts which we now enjoy, as has been said before, were unknown to the older lawyer, and their lack emphasizes the difficulties under which they labored, and aid us in forming an estimate as to their powers and abilities.
Another contemporary of Mr. Hooker was Nathaniel P. Tallmadge, one of the most brilliant and versatile of men. Besides occupying a prominent position at the bar he was largely interested in business pursuits, being one of the chief organizers in what in the early thirties was known as the "Improvement party," and which was engaged in various enterprises, such as the sending out of whaling vessels from what is still known as the "whale dock," and the rearing and propa- gation of silk worms, under the name of the Poughkeepsie Silk Com- pany. Both of said enterprises came to grief, the world's production of silk and oil not being greatly augmented by either.
In the boom days of the Silk Company, Delafield street was laid out as the "Court" street of the town, and Mr. Tallmadge built the resi- dence still standing on the west side of the street, and for very many years owned and occupied by the Elting family.
Mr. Tallmadge was elected United States Senator, and subsequently resigned and became the Territorial Governor of Wisconsin. He at one time was a partner of Mr. Hooker, and during his life was very prominent in all matters.
James Emott, whose life was closely entwined with the County of Dutchess, and particularly with the city of Poughkeepsie, was born in the year 1823, his father being James Emott, a resident of the city, and for many years a Justice of the Supreme Court.
Judge Emott the younger was born in the building known as No. 46 Market street, and early won distinction at the bar. He was mar- ried to Mary Crooke, daughter of Charles Crooke, whom old inhabi- tants will remember as being engaged in business as a freighter at the Lower Landing. He was the first Mayor of the city of Poughkeepsie, and during his whole life took the warmest interest in its affairs. He was elected a Justice of the Supreme Court in 1856, and served as such until 1864. During the later years of his term he sat in the Court of Appeals. After he left the bench he formed a copartnership
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with Henry M. Taylor, which copartnership continued until he was attracted to the city of New York. There he continued to practice until his death in 1884.
One of the strongest personalities and most acute lawyers of his time was Henry Swift, universally known as "Harry" Swift. He was born in 1784, studied law in Poughkeepsie with Van Ness and Livingston, and was admitted to practice in 1807.
In 1816 he commenced the practice of law in Poughkeepsie, and continued in the most active practice until his death in 1866. His office and residence were in the three-story brick building, still stand- ing on the west side of Market street, opposite the Farmers' and Manufacturers' Bank. Mr. Swift's ability was great, and his industry and energy enormous. Measured by volume of business and by his success, he was perhaps the foremost lawyer in the county. For many years before his death he lived in the house on the south side of Cannon street, of late years occupied by Rev. A. P. Van Gieson. He had two sons, Charles Wells Swift, who was for many years engaged in business with his father in Poughkeepsie, and who died in 1877, and George H. Swift, who removed to and practiced law in Amenia in this county, until his death, which occurred in 1908.
Both Charles W. and George H. Swift, and their uncle, Eleazor Morton Swift, brother of their father, were lawyers of recognized standing and ability. They did not have, or did not exercise the gift of eloquence so generously bestowed upon Harry Swift, and did not have the combative nature of the latter; but each was the trusted adviser and counsel of a large circle of clients.
Seward Barculo, born September 22, 1808, was the son of Rev. George Barculo, who was a clergyman at New Hackensack. He studied law with Stephen Cleveland at Poughkeepsie, and was admitted to the bar in 1834, at once forming a copartnership with Mr. Cleve- land.
In 1845 he was appointed Judge of the County Court by the Gov- ernor, and the next year was appointed Circuit Judge. In 1847 he was elected Justice of the Supreme Court, and served over six years. He was an extensive reader, possessed of fine literary taste, and was an ardent horticulturist. In June, 1854, being upon his return from Europe, he died in New York City. He was an able lawyer and in- corruptible jurist.
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One of his daughters, Caroline T., married Charles Wheaton, who afterwards became County Judge. Mrs. Wheaton died in 1908, leav- ing a son, Isaac S. Wheaton, also an attorney.
Henry Angevine will long be remembered by the older of the pres- ent generation of lawyers. He was a precise, quaint old man, and during the latter years of his life occupied an office with Judge Wheaton on Market street. He was notable for always exacting the proper and legal fee for performing the act of a Notary Public, whereas among lawyers generally the office is taken and held mainly as a matter of convenience and accommodation, and without any thought of real remuneration. But with Mr. Angevine the person who subscribed an affidavit, or acknowledged the execution of an instrument was ex- pected to pay on the nail the ten or twenty-five cents the notary's due.
But if there was any dissatisfaction at his course of doing business, it ceased when upon a trial of an important cause where the fact of the due execution of an important paper and the attendant circum- stances connected therewith became of vital importance, it was made known by the evidence of Mr. Angevine that in each case of taking an affidavit or acknowledgment he entered upon his books a careful record of the event and its date, so that in case of necessity the trans- action did not depend upon uncertain memory. Mr. Angevine died in 1881.
Gilbert Dean was born in Pleasant Valley, Dutchess County, on August 14, 1819, and died in the city of Poughkeepsie on the 12th day of October, 1870. He practiced for a number of years in Pough- keepsie and was a member of Congress in 1851-1853. He was ap- pointed a Justice of the Supreme Court and for a part of his term acted as Judge of the Court of Appeals.
He owned a beautiful place on South avenue, immediately south of Eastman Terrace, where he resided. He was a brilliant young lawyer, and after he left Poughkeepsie practiced in the city of New York until his death.
He was counsel for Miss Cunningham in the Burdell murder trial, and won great fame and credit by his successful defense of her.
John Thompson was born in the town of Rhinebeck in 1809, and studied law in the office of Francis A. Livingston, then District At- torney of the county. Upon being licensed to practice he entered
JOSEPH MORSCHAUSER.
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the office of Hooker and Tallmadge at Poughkeepsie, and later went into partnership with Mr. Hooker. Subsequently he entered in co- partnership with James H. Weeks, which partnership continued until 1878, when the writer of this article entered the firm, which continued under the name of Thompson, Weeks & Lown until 1887, when Mr. Weeks died, Mr. Thompson following in 1890.
Mr. Thompson was a brilliant advocate, and a man of much learn- ing in his profession. He dearly loved the turmoil of a lawsuit, and it is not too much to say that he was in practically every important trial from 1845 until his retirement. Mr. Weeks, his partner, was his opposite in this respect. Like Mr. Thompson, he was a great reader and possessed fine scholarly tastes, having at his death probably the best chosen and most complete private library in the city. But Mr. Weeks disliked the combative air of the court room, and rarely could be induced to take an active part in trials. He was perhaps the best and safest office lawyer and general adviser at the bar, and with his partner to supply the eloquence and pyrotechnics, the firm of Thomp- son & Weeks was deservedly pre-eminent in the legal history of Dutchess County.
One of Mr. Thompson's daughters married Allard Anthony, Dis- trict Attorney, and afterwards County Judge, and, with another daughter and his widow, is still living. Mr. Weeks had no sons, but left a widow, now dead, and two daughters, both of whom reside out- side of Dutchess County.
The writer in closing this brief sketch of his two dead partners regrets that the space at his disposal and the purpose of this publi- cation prevent placing on record some of the affectionate memories of these two just and good men, thronging to his mind.
William Wilkinson was an attorney in active practice, and was the son of Robert Wilkinson, also a lawyer. He studied law with his father, and after admission associated himself with William I. Street, under the firm name of Street & Wilkinson. He married Mary E. Trowbridge, daughter of Stephen B. Trowbridge, an old resident of the city, and died in 1864. He left five children, one of whom was Robert F. Wilkinson, one of the most brilliant and versatile of men, and a most excellent lawyer. Mr. Wilkinson participated in the War of the Rebellion and was in some of the most hotly contested engage- ments. He was very badly wounded at the battle of Cedar Creek in
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1864, but after recovery he reentered the army and remained until mustered out with the rank of colonel.
Colonel Wilkinson was admitted to the bar in 1866, and at once assumed a high rank in his profession. He was Recorder of the city of Poughkeepsie for four years, and held other offices of honor or trust. He was a man of great information and of the highest culture. He died in the year 1903, leaving among other children, two sons, Gifford Wilkinson and Robert Wilkinson, both of whom are practic- ing attorneys.
John P. H. Tallman died so recently that he is remembered by most of the members of the present bar. He was born in Dutchess County in 1820, and commenced the study of law first in the office of James Hooker, and afterwards that of Virgil D. Bonesteel, a lawyer of repute. He was admitted to practice in 1840, and in 1847 was elected Surrogate, defeating John Thompson, who was his opponent.
Upon retiring from the office he formed a partnership first with Gilbert Dean, and afterwards with Charles Powers, George W. Payne and George W. Lord. Subsequently he entered into partnership with Walter Farrington, who is still engaged in practice. Mr. Tallman died in 1895, leaving four children, of whom one, John Francis Tall- man, was educated as a lawyer and admitted to practice, but at pres- ent fills a responsible position in insurance circles in the city of New York.
A mention of the lawyers of these days would be incomplete without the names of Le Grand Dodge, Henry D. Varick, Joseph H. Jackson, Edgar Thorn and Egbert Q. Eldridge.
Mr. Dodge was never a trial lawer, but was a safe, wise counsellor and a most estimable man. He died in 1892.
Mr. Varick and Mr. Eldridge were copartners in business for many years, and down to the death of the former, which occurred in the year 1877. During their long association they were the attorneys for the Poughkeepsie Savings Bank, and had their offices in the Bank building.
Mr. Varick was born in 1811, and held no public office that the writer recalls. Upon his death he left several children, one of whom, DeWitt, was a lawyer. He has since deceased.
Mr. Eldridge (born in 1815) besides being a good lawyer was a
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genial, companionable man. He was elected County Judge in 1852, and was long a member of the Board of Education, having always entertained a great interest in educational matters. He died in 1899.
Joseph H. Jackson always appeared to the writer like a character who had stepped out of one of Dickens' novels. He was a lawyer and gentleman of the old school, and down to the time of his retirement wore the claw hammer coat of the preceding generation. He was formal and precise in his manner and habits, but withal a sound, care- ful lawyer. He died about the year 1880, leaving a son, Joseph I. Jackson, also a lawyer practicing here, who has since deceased.
Edgar Thorn (born in 1805) was elected Surrogate in 1856, and after the expiration of his term practiced law in Poughkeepsie until his death, which occurred in 1890.
The group of lawyers next mentioned undoubtedly embraces the most brilliant and powerful advocates that have ever adorned the Dutchess County bar. The Barnard Brothers (Joseph F., George G., Frederick and Robert), Homer A. Nelson, Charles Wheaton, Allard Anthony and William I. Thorn. Their names are all fresh in the memories of the present generation, and mouldy tradition does not have to be resorted to to pass judgment upon their abilities and achievements. The present bar hears with interest the many stories of their doings and proceedings in their early days, when business was dull and clients were scarce, but the legal battles fought between these trained legal gladiators in later years are recalled with interest and excitement by many of the present bar who remember well the many magnificent contests of which they were spectators. It is hard to tell where the palm of supremacy should go. Each excelled the other in some quality, but each was a forceful, resourceful and elo- quent trial lawyer.
Joseph F. Barnard, the oldest of the Barnard brothers, was born at Poughkeepsie. He studied law with Stephen Cleveland, and was admitted to practice in 1845. He was elected a Justice of the Supreme Court in 1863, and remained on the bench-an ornament to it-until retired by the age limit in 1893. Subsequently he was designated by the Governor of the State, and continued to exercise and perform cer- tain powers and functions of a Supreme Court Justice until the ex-
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piration of his elective term, when he finally retired from the bench. He died in 1904, leaving a son, Frederic, who is now engaged in active practice in Poughkeepsie.
Judge Barnard was incomparably the greatest legal character that Dutchess County has ever produced. A fine scholar, a trained lawyer, an incorruptible and fearless man, he had all the tools necessary and proper for use in his life work, and he used them, if not to perfection, at least so as to earn and receive the respect and reverence not only of the bar, but of the people of the entire judicial district. Austere in his appearance, quick and impetuous in his language, he had under his brusque demeanor the heart of a child. Impatient of the fetters of legal procedure, caring little or nothing for precedent, his whole aim was to do justice in each particular case. He was particularly helpful to young and inexperienced practitioners, and particularly to the young men whom he saw studying in the surrounding offices ; and it was a chilly day for the veteran when one of these verdant practictioners appeared in Judge Barnard's court against him.
The writer well remembers when late one very hot afternoon he was directed by his legal preceptor to go down to the Judge's house and secure his signature to some papers. During his few weeks in a law office he had seen the Judge only upon the bench engaged in his judicial duties, stern and preoccupied, and apparently as far removed from a green law student as the planet Mars. Neither was he in any way made to feel comfortable when he was told not to mind it if the Judge showed any irritation upon being disturbed at his home.
Upon reaching the Judge's house the writer was shown in the library, the servant stating that she would call the Judge, who was somewhere around the grounds. Looking from the library window the servant could be seen walking down the steep hill to the end of the lot, almost to Market street, and giving the message to the Judge, who commenced to climb the hill in the heat and glare of a July sun. If ever the writer thought he was going to catch it, it was when the Judge, hot and breathless, stalked into the room with an impatient "What do you want?" "I have some papers which Mr. Baker wants signed," was the stammering answer. "Give them to me;" and with two steps he was at the table, and the wonderful hieroglyphics which to the initiated meant "J. F. Barnard" were attached and the papers handed back. The writer realizing that as yet no casualty had
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occurred thought it proper and wise to endeavor to palliate his act, and commenced hesitatingly to apologize for the trouble he had in- flicted, but the Judge would have none of it. "It is my business to sign orders at any time of the night or day, and you don't want to be afraid to come at any hour, late or early," and with a pleasant and reassuring word or two he dismissed him.
The story is but a trivial one, but the same spirit which led him to reassure and set at ease scared students, led him to care for those same students in other ways, when timid and inexperienced, they com- menced to assume and perform the duties of their profession.
George G. Barnard became Recorder of the City of New York, and then Judge of the Supreme Court. Frederic and Robert Barnard removed to California, and there engaged in the practice of their pro- fession.
Charles Wheaton was born at Lithgow, in Dutchess County, in 1834. He studied law in the office of Thompson & Weeks, and upon his admission to the bar, he became assistant to Silas Wodell, then Dis- trict Attorney. In 1863 he was elected County Judge, and after the expiration of his term he commenced the practice of law, and con- tinued until his death, which occurred in 1886. He left him surviving one son, Isaac S. Wheaton, who was educated as a lawyer, and now lives on the old homestead at Lithgow.
Judge Wheaton was of an entirely different type from Judge Bar- nard, although during their lives they were the closest friends. He was quiet and amiable in his manners, and possessed, or at all events showed, none of the impetuosity and brusquerie shown by his friend. His sense of humor was singularly keen, and whether in the court room, or in his own, or a fellow lawyer's office, it constantly cropped out in epigram and anecdote. He was an extremely good, sound lawyer, and one of the most ingenious and plausible advocates that ever practiced at our bar.
Homer A. Nelson was born in 1829, and at his death, which occurred in 1891, was fitly characterized by one of the Poughkeepsie journals as "the first citizen of the city and county." He was admitted to practice at the age of twenty-one, and in 1855, when but twenty-six years of age, was elected County Judge, being the youngest man ever
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elected to that office. He was re-elected in 1861 and served two years of his term, resigning in 1863. In 1867 he was elected Secretary of State, to which office he was re-elected two years later.
During his business career he was at different times associated as partner with Henry F. Pultz, who died in 1883; with Gilbert Dean, with William I. Thorn, and with Orlando D. M. Baker.
After his retirement from the office of Secretary of State in 1871, he removed his law office to the City of New York, retaining his resi- dence, however, in the city of Poughkeepsie. In 1881 he was elected State Senator and served his term as chairman of the Senate Judici- ary Committee.
After his death a friend, in writing a short biographical sketch, said:
"With the young men of his time, and especially with the then struggling law student or newly fledged attorney, Judge Nelson's memory will be ever held in kindly reverence. To these he was always considerate and helpful, encouraging and affable, and none ever came to him for advice and counsel that was not cheer- fully given. He was possessed of an extremely generous heart, was charitable to all deserving causes, and the poor at all times had his counsel without money and without price. Physically he was a man of fine presence, handsome, standing six feet in height, and well built in proportion. He was fond of sport, ever boyish in his tastes and enjoyments, and delighted to join with children in their games and sports."
He left him surviving a widow, still living, and two brothers, one of whom, John, was a practicing lawyer here, now deceased.
Judge Nelson was, all in all, the most formidable jury lawyer of the group in question. He lacked some qualities which shone pre-eminent in Barnard, Wheaton, Anthony and Thorn, but he possessed the price- less gift of common "horse" sense, and his speeches to the jury always went to them and never over their heads. In terse, powerful state- ment he was not the equal of Barnard. In polished Ciceronian elo- quence he was excelled by Wheaton and Anthony. In some respects Thorn was his equal, if not his superior, but in getting a verdict, which is the supreme test, he beat them all. His love for his home and his friends was the mainspring and the joy of his life, and as he often said when in the tide of success in the great metropolis, he waited impatiently for Friday night to come that he might get back to "them. Alas! within a few weeks after he had removed from the turmoil of that great city and had come back to his home and friends,
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expecting to pass the evening of his days in comfort and happiness, he was stricken with a mortal ailment, and died almost without warn- ing.
Allard Anthony, another of this coterie of brilliant men, was born in the year 1838, was elected District Attorney in 1861, and served as such for six years. He was then elected County Judge, and at the expiration of his term went back to private practice. Speaking from the standpoint of well chosen diction and pure eloquence, his efforts have never been equalled by any practitioner at the local bar within the memory of the present generation of lawyers. Of slight form, and yet commanding presence, with deep set eyes, and a brow like Webster's, it was a treat to listen to him in his forensic combats with the legal giants who surrounded him.
He married a daughter of John Thompson, and died in 1877 at the early age of thirty-nine, leaving her surviving him. Had he lived, his fame would have been not local, but national.
And William I. Thorn, known to his friends and the community as "Billy I.," what affectionate memories come back to all at the men- tion of his familiar name! Bulky in body, with the smooth, round face of a baby, what treasures of humor, wit and eloquence lay be- hind that rosy, smiling countenance!
Alas! poor Yorick !
A fellow of infinite jest, of most excellent fancy."
He was born in the year 1837, and died at Poughkeepsie in 1890. May the earth rest lightly over one who was not only valuable to the community as a lawyer, but whose cheerful countenance, and whole- some, merry conversation added brightness to the lives of his asso- ciates.
Many stories might be told of the sayings and doings of these men, some of which would look well in cold print, and some would not. They were intense, virile persons, living in a generation more primitive and less artificial than the present one. Their jokes and escapades were but the natural expression of the youth and energy flowing in their veins. Some of them might in this day seem of questionable taste and propriety, but they undoubtedly added much to the savour of life forty or fifty years ago. They were pitiless in the practical jokes they played upon one another.
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All lawyers in those days, even the busiest and most eminent, were frequently called upon to go out in the country towns and try causes before Justices of the Peace. Judge Barnard, then but a struggling lawyer, was one day out upon such a mission, and upon his return found a new tenant in possession of his office. Taking advantage of his absence, and of a wandering and homeless mule, a band of con- spirators had driven the beast in the back room and tied him to the leg of the circular table which constituted the sole desk of the office. The appearance of the office the next morning can be imagined if not described.
A short time afterwards Judge Wheaton was called out of town on some errand. Omitting to lock his office, or probably unable to do so-for half of the law offices were always open and unlocked night and day-an opportunity was offered to sufferers at his hands to get even. He was then in the old building where the postoffice now stands, the sidewalk in front being of unusual width. All of his furniture, desks, bookcases, books and all the paraphernalia of a law office were carefully removed to the sidewalk and covered with a red flag bearing the legend "Auction Sale."
On rainy days, when clients were scanty and business "nil," they would gather in their back rooms and play profane games with cards -not bridge, and not pinochle. In one of the games, the name of which does not occur to the writer, an article or emblem known as a "Buck," and having a certain agreed monetary value, was put in circulation by one of the party who was a prominent jeweler on Main street. It turned out to be a watch, left for repair by Bishop Hed- ding of the M. E. Church, one of the godliest and most saintly of men. Needing an extra "buck," the movement was slipped from its case, and the two objects, sanctified by their association, were circu- lated by those graceless reprobates during the vicissitudes of a long, rainy afternoon. In after years, when the ranks had been thinned by death, the writer has often heard the "Bishop's Buck" referred to by the distinguished survivors.
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