USA > New York > Dutchess County > The history of Dutchess County, New York > Part 47
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In his later years, when poverty was oppressing him, he was argu- ing a cause before Justice Barnard one warm spring day, wearing an overcoat buttoned up to his chin. The room was hot, and the counsellor was earnest, and the perspiration began to flow down his
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THE COUNTY OF DUTCHESS.
face. The court said, "Mr. Moore, take it easy. Why don't you remove your coat?" "I have raysons," said the advocate, shirtless, no doubt, and continued his efforts.
Another memorable occasion was when he had been sued by a liquor dealer for unreturned collections, and had interposed a counter claim for services rendered to an amount considerably greater than the col- lections. The cause came on trial, the attorney for the plaintiff being the late Joseph H. Jackson, one of the most formal and precise lawyers of the old school. Opposed to him the Irish barrister, de- fendant and defendant's attorney in person.
When it came to the defence Moore took the stand and gravely commenced to question himself. He had an old, greasy, battered stiff hat which was the repository of all the law papers and exhibits con- nected with the case. This hat with its precious contents he care- fully deposited on the end of the judicial bench, almost under the nose of the Justice presiding.
He insisted on reading all the correspondence between him and the plaintiff, with a view, of course, to show the number and variety of the delinquents he was pursuing, and the extent of his labors, and the measure of proper remuneration. As each paper was needed he would solemnly rise on the witness stand and fish in the hat for it. Then he would read it, and comment upon its contents. In fifteen minutes he had the court, the jury, and the entire court room con- vulsed with laughter. Jackson was powerless to restrain him, the court seemed unwilling to, and the poor plaintiff was laughed out of court with a verdict against him.
At Mr. Moore's death the bar erected a neat tablet and placed it over his remains. It bears the inscription :
JOHN MOORE, Counsellor at Law. Died Oct. 30, 1903, Age 70 years. Erected by his friends.
Since this book commenced to go to press, the members of the local Bar have learned with regret of the decease of Mr. William R. Lee, which occurred at his home in Pawling on the 6th day of June, 1909.
Mr. Lee was a careful and efficient lawyer and was elected District Attorney, serving the term immediately preceding the term of the
525
BENCH AND BAR.
present incumbent. He was a man of the strictest personal and pro- fessional integrity, and endeared himself to all who came in contact with him.
At a session of the Supreme Court held a few days after his death in the City of Poughkeepsie the proceedings were suspended and Mr. Lee's professional friends all joined in feeling and touching tributes, expressing their appreciation of him as a man and as a brother lawyer. Judge Tompkins, presiding, joined in these expressions of regret and respect, and ordered the entire proceeding to be spread in full upon the minutes of the court.
In writing the foregoing sketches the writer feels that he has said little where much might be said. An experience of over thirty years at the local bar has brought him into personal contact and associa- tion with most of the men named. He feels that he has done but scant justice to the professional ability and private qualifications of his dead associates, but he feels that they will long be remembered by what they were, and what they did, and not by any brief record that can at this time be made.
He has prepared a list of other deceased lawyers who at one time or another have practiced at the local bar, and who have not been specially mentioned in the foregoing part of this article.
While such list extends beyond the personal recollection of the older members of the bar now living, it is necessarily imperfect and incom- plete, embracing but comparatively few of the earlier practitioners.
No attempt has been made to arrange the names chronologically, but only to the extent that the later generation of lawyers appear at the end of each grouping. Possibly some of these last may still be living in some place outside of this county or State.
Ashurst, John
Colden, Cadwallader Cowles, Edward E.
De Lacy, William L.
Armstrong John, Jr.
Akerley, Frank T.
Crooke, Philip S.
Ellison,
Emigh, Ward
Ackert, Alfred T.
Conger, Moses
Cole, Andrew
Bonney, B. W.
Buttolph, Edward A.
Davis, Richard, II. Duer, William A.
Bonesteel, Virgil D.
Brundage, Chester B.
Davies, John W.
Greenthal, Robert Gray, Frank H. Gillender, Augustus T.
Baum, Peter M.
Doty, John V. W.
Guernsey, Joseph R.
Beard, Oliver L.
Dearin, Samuel L.
Forbus, Alexander
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THE COUNTY OF DUTCHESS.
Hayes, Peter P. Hoffmann, Murray Hoffman, Fr. R. Hammond, Burton Hitchcock, Cyrus Haviland, Hiram S. Hughes, J. Wade Hoff, Charles L. Haight, Silas E. Heermance, De Witt Hill Gideon Hull, Walter C.
Morse, John McCarty, Andrew Z.
Smith, James
Stoutenburgh, John A. Schouten, William K.
McWilliam, John S.
Martin, Joseph
Schryver, Matthew V. B.
Simmons, E. A. Smalley Charles M.
Nelson, William B.
Thayer, Townsend, Robert
Thompson, Smith
Tucker, Gideon J.
Tallmadge, James, Jr.
Ingraham, George
Platt, John H.
Thompson, Walter L.
Johnston, Charles
Peck, Richard
Post, J. Edward
Van Ness, Jacob Van Benthuysen, Jacob
Lyle, John V. A.
Rusk, John
Van Keuren, Frank T.
Lewis, Morgan
Rusk, Elisha
Liston, John K.
Rose, Homer A.
Woodworth, W. W.
Lord, George W.
Reed, Thomas, Jr.
Williams, Charles
Lawton, Isaac
Smith, Melancthon
Wilkinson, Arthur L.
Maison, Leonard
Shufeldt, George A.
Wolcott, Henry G.
Except as may be found in the biographical sketches contained in Part II of this History, the records of living and practicing lawyers are not given.
It seems well, however, as a matter of convenience to future his- torians that there should be appended to this article a list of the names and the present residences of all the members of the Dutchess County Bar now living.
The list as printed in the Calendar for June, 1909, Trial Term of the Supreme Court, follows:
DUTCHESS COUNTY BAR.
Ackerman, Fred E., Poughkeepsie Albro, William C., Poughkeepsie Arnold, C. W. H., Poughkeepsie Arnold, Harry, Poughkeepsie Atwater, Edward S., Poughkeepsie Ball, John B., Poughkeepsie Barker, Harry C., Poughkeepsie Barnard, Frederick, Poughkeepsie
Bingham, Isaac E., Poughkeepsie
Bolin, Gaius C., Poughkeepsie Brevoort, Benjamin H., Poughkeepsie
Briggs, Homer E., Poughkeepsie
Brown, Samuel H., Poughkeepsie
Butts, Allison, Poughkeepsie
Butts, Ralph F., Poughkeepsie Card, George, Poughkeepsie
Oppe, James H. Oakley, Thomas J.
Platt, Jonas
Thorn, Samuel
Paine, George W.
Townsend, John M.
Kipp, William Bergh
Weeks, Z.
Mitchell, J. Grant Monell, John J.
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BENCH AND BAR.
Carroll, James E., Poughkeepsie Connolly, Frank J., Poughkeepsie Conklin, Fred L., Millerton Cossum, Charles F., Poughkeepsie Conger, Edward A., Poughkeepsie Daughton, Jos. A., Poughkeepsie Daley, Annie G. W., Poughkeepsie Donnelly, John J., Matteawan Dorland, Cyrenus P., Poughkeepsie Dorland, John M., Poughkeepsie Douw, Alexander, Poughkeepsie Doughty, Robert W., Fishkill Landing - Downing, William, Pawling Drake, Clarence J., Pleasant Valley Dugan, Daniel A., Fishkill Landing Dwight, James S., Poughkeepsie Elting, Irving, Poughkeepsie Eno, Frank, Pine Plains Esselstyn, George, Rhinebeck Farrington, Walter, Poughkeepsie Fowler, Milton A., Poughkeepsie Fowler, Benjamin M., Poughkeepsie Gardinier, Samuel H., Poughkeepsie Gurney, Herbert R., Poughkeepsie Gleason, Daniel J., Millerton Guernsey, Stephen G., Poughkeepsie Grubb, John B., Poughkeepsie Hackett, John, Poughkeepsie Hackett, John M., Poughkeepsie Haight, Adelbert, Poughkeepsie Harris, Harry C., Poughkeepsie Hasbrouck, Frank, Poughkeepsie Hasbrouck, Webster D., Poughkeepsie Heermance, Martin, Poughkeepsie Hopkins, Charles A., Ponghkeepsie Hoysradt, Willet E., Poughkeepsie Hunter, Robert H., Poughkeepsie Husted, Chester, Poughkeepsie Horan, Joseph, Poughkeepsie Ingal, J. Malcolm, Poughkeepsie Keech, John R., Poughkeepsie Kelly, John A., Poughkeepsie Kent, William, Fishkill Landing Kelly, John T., Jr., Matteawan
Kelly, Frank H., Poughkeepsie Lawson, Welcome H., Poughkeepsie Lee, W. Morgan, Poughkeepsie Loope, Warren L., Matteawan Losey, Henry E., Poughkeepsie Lown, Frank B., Poughkeepsie Mayer, Edward D., Amenia Mattice, Leonard, Red Hook McCann, Charles L., Poughkeepsie McCarty, Charles E., Rhinebeck Meyer, James G., Matteawan Mack, John E., Poughkeepsie Morgan, Guy H., Poughkeepsie Morschauser, Charles, Poughkeepsie Morschauser, Joseph, Poughkeepsie Mylod, John J., Poughkeepsie Ormsbee, Frank S., Madalin Overocker, George, Poughkeepsie Perkins, Edward E., Poughkeepsie Phillips, Samuel K., Matteawan Phillips, Sherwood, Matteawan Phillips, George W., Hughsonville Platt, Isaac, Poughkeepsie Rikert, Frank G., Matteawan Ringwood, John F., Poughkeepsie Rogers, Samuel B., Fishkill Landing Russell, Elijah T., Millbrook Reynolds, Allen S., Poughkeepsie Schlosser, John F., Fishkill Landing Sherrill, Wilfrid H., Poughkeepsie Sickley, John C., Poughkeepsie Slee, Samuel, Poughkeepsie Slee, R. Burton, Poughkeepsie Spratt, George V. L., Poughkeepsie Tice, William G., Pawling Travis, Everett H., Poughkeepsie Van Cleef, Henry H., Poughkeepsie Van Wyck, S. Miller, Fishkill Landing Wager, A. Lee, Rhinebeck Wilkinson, Robert, Poughkeepsie Williams, George H., Poughkeepsie Wood, George, Poughkeepsie Worrall, George, Poughkeepsie Whittaker, Theodore, Poughkeepsie
NOTE .- The writer desires to acknowledge his indebtedness to the editors of the History of Dutchess County, and of the History of the City of Poughkeepsie for much valuable data.
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THE COUNTY OF DUTCHESS.
CHAPTER XXXVI. THE MEDICAL PROFESSION. BY GUY CARLETON BAYLEY. THE MEDICAL SOCIETY OF DUTCHESS COUNTY.
N March 23rd, 1797, the Legislature passed a law to regu- late the practice of physic and surgery in this State, which in substance required that every person practicing medicine should file a copy of his diploma, or license to practice, with the Clerk of the County in which he lived. If he had no diploma he had to take a responsible person who knew him personally, before a Judge of a Court of Record to vouch for his re- spectability, and to the fact that he had practiced medicine in his present place of residence for at least two years previous. On his showing this, the judge gave him a license to practice. Two of these licenses which have historical interest, have been examined by the writer: One was issued to Cyrenus Crosby, of the Town of Amenia, by Gilbert Livingston, Master in Chancery, March 23rd, 1797. The second was issued to Isaac DeLavergne, of the Town of Washington, by Jacob C. Bloom, Judge of the Court of Common Pleas, December 8th, 1797. If a man could do neither of these two things, he had to stop practicing, under certain penalties. This law was good, but whose duty was it to enforce it? And through what channel could it be done? It proved ineffective, and the law passed April 4th, 1806, entitled "An Act to incorporate Medical Societies for the purpose of regulating the practice of Physic and Surgery in this State," was a natural result. This made the medical men of each county, in an asso- ciation legally constituted, the judges of the fitness of those desirous of engaging in practice, the censors of the morals and character of its own members, also enabling and constraining this body to enforce the laws of the State against illegal practitioners. It is in- teresting to note here that there had been voluntary associations and
GUY CARLETON BAYLEY, M. D.
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MEDICAL PROFESSION.
societies of doctors before this, not only in the large cities of New York, Philadelphia and Boston, but as seen by the following adver- tisement, the doctors in the country towns associated themselves to- gether in societies to discuss medical affairs. This notice is in the New York Packet and the American Advertiser, published at Fish- kill, and dated May 22nd, 1783;
"This is to notify the members of the First Medical Society in the thirteen United States of America since their Independence. That a meeting will be holden at the house of Dr. Phineas Smith in Sharon on the second Tuesday of June next, at 10 o'clock A. M., certified per. Oliver Fuller, Clerk."
This meeting was to be at Sharon, but the notice was given at Fish- kill. The lines between New York and Connecticut were at that time very illy-defined, and Sharon may well have been considered in New York State. In any event the doctors of Dutchess were expected to take notice and respond to the call.
Up to the passage of the act of 1797 the practice of medicine had been in a chaotic state. Many of those calling themselves doctors had no qualifications whatever. The possession of some popular treatise on the treatment of simple ailments, a knowledge of the use of simples, often gained by intercourse with the Indians, were their only credentials. There were a few adventurous spirits from Europe, who had qualified them- selves for practice at one of the great schools; a few Americans who went to the universities in the old countries and gained their diplomas ; more who went to England, or Edinburgh, and took a single course of lectures; but the great number, after serving an apprenticeship with a doctor, without further advantages, launched their craft, spread their sails to the breeze, full fledged doctors. As the country became more thickly populated, and as collections of cabins grew into towns and villages, this confusion and uncertainty as to a doc- tor's standing and qualifications became intolerable, till the people, led by the better educated of the doctors, demanded order and higher standards, and these laws resulted.
In the Poughkeepsie Journal of August 12th, 1806, appeared the following notice :
"The Physicians of Dutchess having omitted to organize themselves into a society according to an act passed at the last session of the Legislature, they are requested to meet at Cunningham's Hotel, Poughkeepsie, on Saturday, the 20th of September, at 3 o'clock P. M. It is necessary that as large a number convene as possible."
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THE COUNTY OF DUTCHESS.
In the same paper on August 26th there appeared the following communication-(it is verbose, and the sentences are badly con- structed, but we get the writer's meaning) :
"To the Physicians of Dutchess County:
A distinguished writer has remarked 'That enjoying a state of health we want little else.' A position which every man's progress through life can illustrate very clearly. But we do not trust to an exception and a recovery from disease, only to a strong and regular organization of our frame. Ill health will approach-it may advance with an insidious step, or it may assail with violence: and having commenced its attack, more than common skill may he necessary to resist it. For this purpose, in nursery language, you must call in the physician. It is of conse- quence, then, that he with whom a sick person is to be intrusted should be fitted to answer the purpose for which he is sent, coming on an errand, too, on which perhaps, is suspended the happiness of a family and of a community :- What Horace, with exuberant praise, asserts of the muse, is emphatically appropriate to the well-educated and skillful physician .- Dignum Virum Vetat Mori.
There can be no question that the practice of medicine involves the best interests of society; nor, can any one deny that they are also shamefully neglected. To remedy this evil, in some measure, a law was passed at the last session of the legislature, authorizing the physicians of the several counties to unite into socie- ties, which should have the power of regulating a number of things appertaining to their profession. With a spirit that reflects lustre on the medical character societies of this kind have been formed in most of the counties of the State. In Dutchess, from apathy, indolence, or ignorance that a new law relating to the practice of physic and surgery was in existence, no society has been formed. Still it is not too late to fulfill the intention of the act, a provision having been made for those counties which should omit to avail themselves of its privileges. In reference to this provision is the notice to physicians in last week's paper. It may be observed that this notice ought to be attended to-because the law,-which regulates the practice of physic and surgery at present, will expire on the first of next month, after which time until the forming of a society according to the late law the practice will be absolutely at loose ends, or at no ends at all, unless the rotten limbs of the profession-the fag ends of it-may be called one of the ends of our science. To be serious, after the first of September, until the evil here spoken of be guarded against, any man may exalt himself in our county into a guardian of health, without examination or license. It is within the writer's knowl- edge, that three persons have appeared with the intention of settling down as doctors, on the strength of a belief that the present law was abrogated. It follows from these observations, that not only a sense of duty which actuates physicians, considered as members of the community, but that of interest should induce those of our county of Dutchess to form a corporate and medical association which may embrace their district. And the motive of interest is strengthened by another consideration. The wording of the provision in the law regulating the practice of physic which I have mentioned makes it necessary to convene a majority of the physicians of the country to institute a society where they have omitted to meet
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MEDICAL PROFESSION.
on the first Tuesday of July. It runs thus: 'And be it further enacted, that if the physicians and surgeons of any county or counties of this State shall not meet and organize themselves at such times and places as is required by this act, it shall be lawful for them to meet at such other time as a majority of them shall think proper, and their proceedings shall be as valid as if their meeting had been at the time provided for in this act.' Here it is plain that a majority of the physicians of the county is necessary now even in the initiatory steps to organize themselves into a society. Nor is the case without difficulty. In the first place it cannot be ascertained at once what number of physicians constitutes a majority: and in the next it seems quite improbable that a majority will assemble at the time appointed, or at any other time. A sufficient number of physicians can con- vene, however, if they please. Let me ask them, then, with the utmost earnestness by all means to endeavor to come to town on the 20th of September, so as to have as many collected as possible. The solicitude which marks this request is not magni- fying the trifles in matters of moment; for I am pleading at the bar of the faculty to effect what I deem a most important end. I have in view the happiness of mankind, and the satisfaction and comfort of my fellow practitioners in the dis- charge of the duties of their profession.
A PHYSICIAN.
N. B .- Measures are taking to obtain a list of all the practitioners of medicine in the county. If it be procured, comparing it with the number of physicians who may meet on the 20th of next month, it can be ascertained whether there be a majority as pointed out in the law.
Poughkeepsie, August 25th, 1806."
Agreeable to public notice a meeting of the Physicians of Dutchess County was held at Cunningham's Hotel, September 20th, 1806, viz .:
Doctors Benjamin DeLavergne and William Lathrop of Washing- ton; Ezekiel H. Gurnsey, Amasa Buckman and Richard Bartlett of Stanford; James Thorne, John Pinckney, Abraham Halsey and Bartow White of Fishkill; David Delavan and James Scovel of Pawling; John Chamberlain, Charles Waldo, Baltus Livingston Van Kleeck, Caled Child, John Thomas and James Livingston Van Kleeck of Pough- keepsie; Thomas Quinlan, James Downs, George W. Cook, Cyrus Berry and William Ely of Clinton ; John M. Smith of Amenia ; Joseph Rogers of Fishkill (Wappingers) ; David Tomlinson and William Wheeler of Rhinebeck; Uri Judd of Northeast; Ebenezer Cary and Thomas Saffen of Beekman.
Resolved, That these present do form themselves into a society pur- suant "to an act to incorporate medical societies for the purpose of regulating the practice of physic and surgery in this State, passed the 4th of April, 1806."
Whereupon the following were chosen officers of the society: Presi-
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THE COUNTY OF DUTCHESS.
dent, Samuel Bard, M. D .; Vice-president, Benjamin DeLavergne; Treasurer, Robert Noxon ; Secretary, James L. Van Kleeck, M. D. BENJAMIN DELAVERGNE, Chairman.
ABRAHAM HALSEY, Secretary.
The society being organized, Dr. DeLavergne in the chair, the fol- lowing were elected censors: Ebenezer Cary of Beekman, John Thomas of Poughkeepsie, William Lathrop, M. D., of Washington, Daniel Tomlinson of Rhinebeck, Abraham Halsey of Fishkill. Dr. William Wheeler was appointed delegate to the State Society. Drs. Thomas, White, Saffen, Ely and J. L. Van Kleeck were appointed a committee to draft a code of by-laws. When we consider that the state of the roads was such that traveling was largely done on horse- back, the distance traveled, and the time taken, this was a goodly meeting of representative men, well conducted, of admirable results. We may note four things, Dr. Samuel Bard of Hyde Park, the Presi- dent elect, was not present; Dr. Cyrus Berry, though present and taking part in this and other meetings up to May 11th, 1807, without objection, on that date applied for admission and was rejected, no reason being given; also that there were but three of the ten officers elected who had the degree of doctor of medicine, and that must have been a large proportion for any meeting of medical men in those days- And again that Dr. Wheeler, the delegate to the State Society, was at the organization of that body, in 1807, appointed a censor, an honor for old Dutchess.
I have been so very fortunate as to find Dr. Bard's inaugural ad- dress. As it is not printed among any collections of his writings, and gives a very good idea of his style in writing, and of the great interest he had in medical education, it has a special interest for us to-day.
ADDRESS-DELIVERED BEFORE THE MEDICAL SOCIETY OF DUTCHESS COUNTY AT THEIR ANNIVERSARY MEETING ON THE 2ND TUESDAY OF THE PRESENT MONTH (NOVEMBER, 1806), BY DOCTOR SAMUEL BARD, PRESIDENT OF THE SOCIETY.
Gentlemen :
At all times and in all countries, the healing art has been considered of the first importance to the happiness of mankind; and accordingly, the means of instruc- tion in it, and the regulation of its practice, have ever been thought objects worthy
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MEDICAL PROFESSION.
the attention of most civilized nations and of the wisest governments. In the first, great progress has been made, and the theory and practice of medicine, upon the most solid principles, and the most extensive and philosophic plan, are in the present day not only taught in all the learned nations of Europe, but in this comparatively new country learned institutions for teaching all the various branches of science, which are connected with, and necessary to the most thorough knowledge of our profession have been founded, and brought to a degree of per- fection which already vies with the most ancient. But to regulate the practice of medicine so as to avoid the fatal blunders of ignorance, and to prevent the frauds of deception, has been found a more difficult task; and notwithstanding the extensive powers which have been conferred on colleges and other medical institu- tions; and the penalties with which ignorance and quackery have been threatened, we daily see every city and almost every village in almost all countries, deluged with advertisements and nostroms, and the money, the health, and the lives of the people sacrificed to the most open and bare-faced imposture. In the institution under which we now meet, the Legislature of this State has made a new attempt, and upon a plan, which I believe, more extensive than has hitherto been thought of in any country; she has committed the care of guarding the honor of the heal- ing art, of promoting its real usefulness, and of protecting our fellow citizens from the dangers of ignorance and of imposture, to the profession at large. Where confidence is reposed fidelity is a debt; and I sincerely hope that in the zeal and disinterestedness of the practitioners of medicine throughout the State, the Legis- lature may find reason to applaud the wisdom of her design. All human institu- tions are defective, and time and experience are necessary to bring them to any tolerable degree of perfection, from this conviction, the Medical Society of the State, which is formed of delegates from that of every county, and which meets at the seat of government, has been instituted, that the Legislature may, from time to time, receive the necessary information for correcting and perfecting its plan. From this, therefore, we are ultimately to receive many of the laws and regulations by which we are to be governed, and for this reason the fewer laws and regulations which are entered into by the county societies the better, especially in the be- ginning, that we may not contravene each other and that uniformity of conduct may be preserved, which is essential to success in any extensive design; for it is very plain to see, that if in this institution the physicians and surgeons throughout the State, are not actuated by one uniform, liberal and disinterested spirit, but oppose one another with jealous and contradictory designs, the whole will soon crumble into nothing. To incorporate the professors of an art so extensively diffused as that of medicine, so as to give uniformity to their plans and operations, is a delicate trust, and we must not expect but what the Legislature will contem- plate our conduct with some degree of diffidence. If, therefore, we find her listen- ing to our proposals with caution, and slowly granting the privileges we may think necessary to the completion of her own design, we must be prepared to wait with patience, until we can convince her of the liberality, utility, and disinterestedness of our intentions. It is evident from the use to which the Legislature has appro- priated the annual contributions of the county societies, that she has had in view not only to legislate for the practice, but to promote the knowledge of medicine;
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