The history of Dutchess County, New York, Part 46

Author: Hasbrouck, Frank, 1852-; Matthieu, Samuel A., pub
Publication date: 1909
Publisher: Poughkeepsie, N.Y. : S. A. Matthieu
Number of Pages: 1077


USA > New York > Dutchess County > The history of Dutchess County, New York > Part 46


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76


In those days the "growler" was unknown as such, but men's tastes and men's thirsts were the same as now. When the machinery needed lubricating, one of their number would be sent out for a pail full of the necessary lubricant, which was then the renowned Vassar ale.


The emissary, on one particular occasion, was one who subse-


513


BENCH AND BAR.


quently became an ornament to the bar and to the city, one of the most lovable of men. Unsuspicious of evil, he accepted a counterfeit dollar which was given him to make the purchase, and his mortifica- tion and rage at the incidents which closed the transaction were de- picted with great glee by his associates for years afterwards.


In the upper part of the old building where the postoffice now stands, and which was on the ground floor entirely occupied by law offices, was a huge, open garret. This was occupied by Barnard, Wheaton, Nelson and their contemporaries as a lodge room for a wonderful and mysterious organization known as the Knights of Malta. Each of the persons named was high in the councils of the order, the apparent purpose of which was to cast ridicule upon the Masonic or- ganization, against which at that time a popular clamor was being ` made, and incidentally by bombastic rituals, and by indescribable uni- forms, regalia and accessories to shock and terrify unlucky novices who sought to penetrate this inner arcanum.


The regalias and accessories, ragged and moth eaten, were in trunks in this old garret as late as the early seventies, and a description of them would be interesting to the reader if added hereto. And so, hard working lawyers, profound students, and distinguished jurists, as they were known to the outside world, it is interesting to know that these men possessed the same instincts and foibles, and were actuated by the same wishes and desires common to all healthy minded beings.


Jacob W. Elseffer, for over half a century a prominent lawyer of Dutchess County, was born at Red Hook, N. Y., September 6, 1822, and died November 15, 1907 He was a son of former Assemblyman John Elseffer. His mother's maiden name was Katharine Whiteman. His ancestors were among the early settlers in this county, and for a hundred and fifty years prominent in local history.


Mr. Elseffer took up the study of law in the office of Judge Row- ley at Upper Red Hook. He was admitted to the bar in 1845, and the fact that his earliest clients, as well as their descendants, adhered to him throughout his long and successful career is proof sufficient of his ability and integrity. He was largely instrumental in the organ- ization of the First National Bank of Red Hook, in 1865, and was elected its first president. He continued as a director and attorney for this institution for many years, and much credit was awarded to him for the favorable condition of its affairs.


514


THE COUNTY OF DUTCHESS.


Mr. Elseffer was united in marriage October 17, 1847, with Miss Delia Eliza Bonesteel of Clermont, N. Y., by whom survive their son, John H. Elseffer, of San Diego, Cal., and a daughter, Katharine, wife of William P. Adams, of Cohoes, N. Y., and two granddaughters, Elizabeth Platt Adams and Katharine Elseffer Adams.


Mr. Elseffer was a man of intellectual power, brilliant in conversa- tion, courteous in manner, and one who made friends and kept them.


Ambrose Wager, a prominent member of the local bar, was born in 1815, and died in 1883. He resided and maintained an office at Rhinebeck, and left him surviving a son, A. Lee Wager, at present practicing in the same place.


Jacob B. Jewett, born in 1826, was a lawyer in active practice, and resided on Mansion Square, at the corner of Mansion street. His practice was largely in the care and management of estates, and he was a man of probity and strong character. He died in 1876.


Cyrus Swan was one of the most picturesque lawyers of the city in the early days of the war and afterwards. With his flowing white beard, and his blue cloak, he was noticeable wherever seen. Impetuous and irascible, he was a man of extremely broad culture, and one of the most genial and charming of companions.


He was an ardent politician, and in 1872, at the request of the Hon. John O. Whitehouse, then candidate for Congress, he temporarily for- sook the law, and for a number of years edited with great ability the local organ of the Democratic party. He was born in 1820, and died at Poughkeepsie in the year 1900. -


Henry M. Taylor was born in 1828, and in his earlier years prac- ticed his profession, first in Hudson, and afterwards in Rhinebeck. He finally came to Poughkeepsie and associated himself with Hon. James Emott, under the firm name of Emott & Taylor, which partner- ship continued until Judge Emott removed his office to New York City. Mr. Taylor was elected County Judge in 1872, serving six years. He was a man of extensive reading, and of no mean literary attainments, as well as a safe, prudent counsellor and able trial law- yer. Reserved and quiet outside of his own circle, within it he was one of the most genial and lovable of men. He died in 1908, re- gretted and mourned by all.


515


BENCH AND BAR.


Another Poughkeepsie lawyer who is held in affectionate remem- brance by most of the lawyers of to-day was Robert E. Taylor, who was born in 1833, and died suddenly in this city in 1896. He was a contemporary and companion of Judge Barnard, Nelson and Whea- ton during his whole career at the bar, and was a valued member of the inner circle before referred to. He was Recorder of the city for many years, the attorney for the Poughkeepsie Savings Bank, and was justly esteemed and admired, both as a lawyer and as a man.


This sketch would also be incomplete without mention of William Stewart Eno, who for many years was an attorney in active practice at Pine Plains in this county, and who was the son of William Eno, also located at the same place, and who was among the very ablest of the older lawyers. Mr. Eno, the younger, was born in 1827, and died in 1902.


Gerome Williams was born in 1823, and was in practice from about 1850 to the time of his death in 1894. He had in his prime perhaps as large a volume of litigated business as any companion at the bar. He was a natural trial lawyer, and although without the advantage of a liberal education, and without any bent for the higher branches of legal lore, was yet one of the most formidable of opponents before a jury in a cause dependant upon issues of fact.


He was able to gauge the mind of the average juryman to a nicety, had great powers of sarcasm and invective, and with a never failing fund of common sense and experience to draw from was always able to hold his own with whomever might oppose him.


He left surviving a son, George H. Williams, a lawyer now in active practice here, and was pre-deceased by another son, Eugene Williams, also a lawyer.


J. Spencer Van Cleef was born in 1831, and all his life resided and practiced law in the city of Poughkeepsie. His specialty was office practice, and he worthily filled a useful place in the profession. He was greatly interested in educational matters, and for many years was a member of the Board of Education in Poughkeepsie. He died in 1901, leaving him surviving a widow and children, of whom one, Harry H. Van Cleef, is a practicing lawyer.


Daniel W. Guernsey was born in 1834, admitted to the bar in 1856, and commenced the practice of law in Leavenworth, Kansas. He en-


516


THE COUNTY OF DUTCHESS.


listed as a private in the War of the Rebellion, was present in many engagements, and was mustered out a captain. He was elected County Judge in 1884, and served two terms until 1896. He died in 1902, leaving a widow and children.


Alfred B. Smith and Leonard B. Sackett were in business as part- ners from the close of the war until the firm was dissolved by death. Mr. Smith was born in 1825, studied law with Judge Emott, was ad- mitted in 1855, and formed a copartnership with the Hon. Matthew Hale, afterwards a very distinguished lawyer at Albany.


At the outbreak of the Civil War Mr. Smith went to the front as major of the 150th Regiment of New York State Volunteers, and served gallantly until the segiment was mustered out in 1865, he then having received the rank of brevet brigadier general. He was an ardent Republican, and held many offices of public trust and con- fidence. He died in 1896, leaving one child, a son.


Leonard B. Sackett was born in 1822, and died in 1906, leaving two daughters surviving. He was a ripe lawyer, and one of the most kindly of men; and the firm of which he was a member was prominent in legal circles during its continuance.


Silas Wodell was of Rhode Island ancestry. His grandfather, Silas Wodell, was born in Rhode Island in 1760, and married there Ruth Borden, the daughter of John Borden. They came to Dutchess County soon after the War of the Revolution, and settled not far from Lithgow, this county, where their son, Joseph Wodell, was born January 2, 1788.


In 1797, Silas Wodell purchased from Philip Hart the farm which became the homestead place, which is located not far from Mabbetts- ville, on the south side of the road, and which still remains in the family. Here Silas Wodell erected a handsome residence and lived until he died, in January, 1849. He led a useful and honorable career, serving as Justice of the Peace for many successive terms. He un- doubtedly was possessed of considerable means when he came to Dutchess County, and later on acquired the land on the north side of the road, leaving to his son, Joseph, at the time of his death, some- where about six hundred acres of land.


His son, Joseph, lived in the old homestead until that and almost all of the old buildings were destroyed by fire in the early fall of


JOHN HACKETT.


517


BENCH AND BAR.


1876, when Joseph Wodell was in his eighty-ninth year. He died in Millbrook in 1878.


Silas Wodell, the subject of this sketch, was born in the homestead near Mabbettsville, on January 2, 1826. He first attended Little Nine Partners' School, near Mechanics, then under the charge of Jacob Willetts. From there he went to the Amenia Seminary, where he was prepared for Yale College, and entered, in September, 1845, the class of 1849. After his graduation he came to Poughkeepsie to study law, and was admitted to the Dutchess County Bar July 8, 1851. He settled as a lawyer in Poughkeepsie in partnership with James Emott, Jr., Esq., in 1855, when Mr. Emott was elected to the Supreme Court bench and Mr. Wodell was elected District Attorney of Dutchess County.


He married, June 1, 1853, Anna Hall, the daughter of Dr. Asahel Hall and Catherine Rutzen VanderBurgh. He died at the early age of thirty-five, on February 18, 1861, leaving him surviving his widow and four children, Miss Katharine Hall Wodell, who lives in Pough- keepsie, and occupies the old homestead at the corner of Noxon and Academy streets; Joseph Wodell, the eldest son, married Alice F. Clark, of Boston, and he died February 12, 1903. His widow sur- vives him. Henrietta Wodell married Lewis Hotchkiss English, and resides in New Haven, Connecticut, and has two daughters. Silas Wodell, a member of the Dutchess County Bar, the youngest of the four children, married Marion Ruthven Adriance, the daughter of John P. Adriance and Mary J. R. Platt. They occupy the Adriance homestead on the corner of Academy and Livingston streets, Pough- keepsie, with their two children, one daughter, Katharine Wodell, and son, Ruthven Adriance Wodell, now a member of the Junior Academic Class of 1910, Yale University.


Peter Dorland, one of the most useful and efficient of surrogates in our county, was born in 1815, and in 1860 was elected a surrogate. He was re-elected, and thus served a continuous term of eight years. In 1872 he was again elected, and served six years more. He was a man of experience, possessing a fund of common sense, and his ad- ministration of the office was satisfactory both to the lawyers and the people.


He died in 1890, and left him surviving two sons, Cyrenue P. and


518


THE COUNTY OF DUTCHESS.


John M., both of whom are attorneys, having offices in the city of Poughkeepsie.


Horace D. Hufcut was also a useful and efficient surrogate. He was the son of George Hufcut, who for many years practiced law at, or near Dover, and who was a man of substance and reputation, and a great favorite with the lawyers of his day. He died in 1881, aged 75 years. Horace D. entered into partnership with his father until 1884, when he was elected surrogate.


In 1891 he was elected District Attorney and served a term of three years. He was deservedly liked by the profession, and dis- charged his official duties to the satisfaction of all. He died in 1905, leaving a widow and two children.


Edward Crummey, born in 1827, was in his day a well-known attor- ney. He was of pronounced temperance proclivities, and much of his time and efforts were expended in advocating total abstinence. He died in 1894, at the age of about 67, leaving a widow and two sons, one of whom is a practicing lawyer in New York.


John Z. Storrs was a contemporary of Mr. Crummey, and a co- worker with him. He was born in 1828, and died in 1887.


One of the most serious losses sustained by the bar was the death, in 1896, of Charles B. Herrick. He was only fifty years of age, and had a career of much promise apparently before him. He studied law in the office of Thompson & Weeks, and in 1876 formed a partner- ship with Col. Henry E. Losey, which continued until his death. He was a lawyer of much ability and integrity, and had achieved an hon- orable standing in his profession.


Henry H. Hustis, Edmund S. Phillips and J. Hervey Cook, all prac- titioners residing at Matteawan or Fishkill Landing, were active in professional circles. Mr. Hustis was an exceedingly accurate lawyer, and was engaged in many prominent causes. He was born in 1829, and died in 1896, leaving a wife and children.


Edmund S. Phillips, born in 1836, was the first lawyer to locate at Matteawan, and continued to practice there until his death, which occurred in 1898. He left two sons, Samuel K. Phillips, afterward County Judge of Dutchess County, and Sherwood Phillips, also an attorney. Both the sons are still engaged in practice at Matteawan.


519


BENCH AND BAR.


J. Hervey Cook, the third of the three named, was a quaint and thoroughly likeable character. He possessed great literary tastes, and was a well read lawyer and a charming companion. He was born in 1837 and died in 1905.


The writer entertains very pleasant and affectionate memories of Orlando D. M. Baker, at one time a member of the firm of Nelson & Baker, and a lawyer of very large practice and in whose office the writer entered as a student in 1870. Mr. Baker was born in 1842 and died, a young man, in 1890, leaving a widow and two daughters.


In all matters concerning practice, concerning the machinery of the law, Mr. Baker was far and away the ablest man at the bar. Not that he was not a good, sound, all around lawyer, but in all matters of legal procedure, in knowing just how to enforce legal rights, he knew more than all the rest of the bar put together. He was a man of the most prodigious industry and capacity for work, and was an invaluable aid to Judge Nelson during their copartnership. Re- served, and, in fact, unsocial outside of his own particular circle, he possessed the kindest of hearts, and was a model husband, father and citizen.


Collins Sheldon will be well remembered by those doing business in the surrogate's court from "78 to '84. He was born in 1839, and was elected surrogate in 1877. He practiced law in Millerton, where he died a few years ago.


Peter Edgar Ackert was the attorney for the city of Poughkeepsie in 1895-'96, and died in 1902.


William R. Woodin has been dead so few years that he will be well remembered by everyone. He was a gallant soldier during the war, and upon his return commenced practice in the city of Poughkeepsie, where he continued until his death.


He was elected District Attorney in 1877, and served his term, giving satisfaction to all. He was possessed of infinite wit and power of repartee, and was one of the readiest of speakers on all social or other occasions. He died in 1903, and left a widow and two daughters.


The two Bakers, Ransom and Lewis, were notable characters in their day.


520


THE COUNTY OF DUTCHESS.


Ransom Baker, or Squire Baker as he was more generally known, was a Justice of the Peace in this city for many years. He was born in 1822, and was a man of many virtues and great force of character. He died in 1894, leaving a son, Seward, who is now a distinguished member of the bar, practicing in the Borough of the Bronx.


Lewis Baker, in no way akin to Ransom, studied law in the office of Gerome Williams, and was admitted to practice in the year 1871, after which time he followed his profession in the city of Poughkeepsie until his death, which occurred in 1896. He was a genial, kindly person, and was highly esteemed for his engaging personal qualities by all his brethren at the bar.


He presented himself for admission to the bar at Brooklyn in 1871 with the writer of this article, then and always his intimate friend. The examinations were at that time entirely oral, and largely pre- functory. So modest was he, and so distrustful of his own powers and abilities, that it was difficult for him to summon up the requisite courage to present himself before the Board of Examiners. Finally he started with the writer, taking an immense old-fashioned carpet bag, which seemed to contain nothing but a well-thumbed copy of the then Civil Code. On the steam road to New York, on the horse cars to the hotel, and late that night our friend pored over that fateful book, as if all the legal lore extant was embraced within its green covers.


The next morning Baker, the writer, the carpet bag, and the Code, started for Brooklyn where the examination was to be held. On the way to the court house his courage again oozed out, and it was only by the arrangement of an elaborate code of signals through which the writer was to help him in answering knotty questions, that he con- sented to go in the class room. All of the expected aid on the part of the writer could of course be exercised only by sitting next to the per- son undergoing examination. But, alas! when the examiners were ready the chief one arose, and stated that for the purpose of con- venience the candidates would be arranged in alphabetical order. "Baker," and the first name shot out like a stone from a catapult. "Lew" gave one despairing glance at his companion, one at the door by which he had entered, one at the head of the room, and for an instant it was doubtful which route he would pursue. Finally, with an air of desperation, he grabbed his carpet bag, and with his ever


521


BENCH AND BAR.


ready code in his hand, started for the front seat. The class was a large one of over fifty, and, of course, the writer was three or four rows in the rear, unable in any way, to aid his comrade in distress.


When the entire class was arranged and settled, the examiner called out, "Mr. Baker, what are the Courts of this State?" Now in this self-same Code the very first section enumerated all of these courts, commencing with "Courts for the trial of Impeachments" and ending with "Police Courts." No living man could have been expected to name them in full, much less in order, but this was our friend's. oppor- tunity. Like a horse galloping down a rocky road, he commenced with the head and went clickety-clack down to the end, not missing a one, and putting each in its regular order as it appeared in the sec- tion. So unusual, so apparently impossible was the answer, so glib and ready it was, that upon its completion the Board of Examiners, and the whole room of students, broke into a roar of laughter and applause, and the applicant won his spurs and received his coveted diploma on this one question and answer.


Perhaps no member of the bar was better known or more highly esteemed than James L. Williams, who died only last year. He was born in 1846, and was a nephew of Judge Dean, in this sketch before mentioned. He entered into partnership with Peter Dorland, and in 1873 was elected District Attorney. In 1884 he entered into partner- ship with John Hackett, which association continued down to the time of his death. He was an excellent lawyer, and possessed of the most charming social qualities.


John W. Bartram, Webster Haight, Henry H. Bowne, William Brewer, Caspar L. Odell and Robert N. Palmer will each be remem- bered by the present generation of lawyers. Mr. Bartram lived and practiced at Wappinger Falls, Webster Haight at Verbank, and Rob- ert N. Palmer at the city of Poughkeepsie. Each died a few years ago, the dates of death and birth not being accessible to the writer.


Mr. Odell was elected a Recorder of the city of Poughkeepsie in 1889.


Mr. Bowne studied law in the office of Thompson & Weeks and sub- sequently removed to Jacksonville, Florida, where he practiced until he died.


522


THE COUNTY OF DUTCHESS.


Albert M. Card and John H. Millard are also fresh in the memories of the present bar.


Mr. Card was born in 1843, and died in 1905, most of the time main- taining an office and practicing in the city of New York, though fre- quently engaged in the trial of cases at the Dutchess terms.


Mr. Millard was born in 1851, studied law in the office of Thompson & Weeks, and died unmarried in 1904.


Peter Hulme and Nicoll Floyd Elmendorf, two young men of ex- ceptionable ability, died the first in 1901, and the other a few years earlier.


Robert Sanford was born in 1831, and lived the greater part of his life in Poughkeepsie. He was never engaged in active practice here, but lived in dignified retirement. He was a genial, warm-hearted man, and particularly fond of children. For many years he was actively interested in the public schools of this city. He died in 1908, leaving him surviving several children, of whom one, Henry G. San- ford, is a practicing lawyer in New York.


James C. McCarty, one of the oldest and most respected of the country practitioners, and for many years a member of the firm of Esselstyn & McCarty, at Rhinebeck, went over to the majority during the last year. He had attained the ripe age of eighty-four.


The last death to be recorded by your chronicler is that of Kieran J. Lawler, an amiable member of the bar, at one time City Chamber- lain, who died at Poughkeepsie during the present year.


These sketches would be incomplete, however, without some refer- ence to the most unique and interesting character that ever trod the halls of Justice in our county, often and familiarly known as the Irish barrister-John Moore.


No one ever knew the date of his birth, but no one after seeing and hearing him ever doubted his birthplace. Short and spare of frame, with a keen, intellectual face, and an inimitable brogue, he was a picturesque character of the bar during the writer's early life. Origi- nally he was a gardener in the employ of John Thompson, in this article often mentioned. In some way he got admitted to the bar,


ALLISON BUTTS.


523


BENCH AND BAR.


though apparently without any steady course of study or attendance in a law office. At all events, in 1870, he was quite a practitioner, and had numerous clients who availed themselves of his peculiar talents.


In later years he became very poor, clients dropped away from him, and the world went wrong with the aged lawyer, but at long inter- vals he would reappear and exhibit flashes of his former wit and elo- quence. These appearances became more and more rare, and finally after a few years he was run over at a railroad crossing, and the poor, battered, unsuccessful hulk drifted into port.


It was a treat to hear the barrister in his palmy days try a cause. With a hazy idea of the more intricate paths of law, he had naturally a keen intellect, and this coupled with native Irish wit, made him an effective trial lawyer where the issues were of fact only. The writer does not remember ever seeing or hearing him laugh, and his rare smiles were always wintry. He would utter the most witty sayings, and forge an epigram which was humor boiled down, with a face as impassive as a sphinx.


The writer well remembers a time in the early seventies when light- ning rods were greatly in vogue, and the country was infested with lightning rod agents, who thrust their wares upon the farmers almost against their will and knowledge. Moore was defending a case of this kind where the victim refused to pay, and in his summing up, wishing to crush the poor agent so far as words could do it, character- ized him as an "I-tin-e-rant bu-r-rd of prey." This characterization, flung at the plaintiff in Moore's high falsetto voice, was irresistibly ludicrous, and a verdict for the defendant followed.


On another occasion when he was defending some one, on the last day of the term before the late Justice Gilbert, who resided in Brook- lyn, not having much of a defense upon the merits, he made a motion for a non-suit at the completion of the plaintiff's case, which happened to be about three o'clock in the afternoon. The Judge hesitated, and was deliberating on the motion, when Moore in his coaxing, wheedling manner said: "Your honor's train will be going at three thirty, and you will have just time to catch it."




Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.