USA > New York > Steuben County > Bath > The official records of the centennial celebration, Bath, Steuben County, New York, June 4, 6, and 7, 1893 > Part 21
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Dr. Truman H. Purdy was born and educated in Bath. He was a graduate of a New York Homoeopathic College. He practiced for seven years. He failed in health and died August 15, 1886.
I will add a list of the younger physicians who are now here: Drs. Ambrose Kasson, Thomas H. Pawling, George C. McNett, Chester T. Stewart, John O. Aldrich and Orlando W. Sutton, of Bath. Drs. Tomer and Gillett, of Savona, and Dr. Franklin Lawrence, of Kanona. Drs. Sut- ton, Aldrich and Lawrence are Eclectics.
This comprises a list of the physicians of Bath for the century. While these men were fair exponents of the science of medicine for their day, and some of them very able ones, marked and radical changes have taken place, not only in the practice, but in the trend of thought-in the object to be attained. The old-time physicians allowed the enemy to get posession of the citadel of life, then he did his utmost to expell him. While the modern physician exerts himself to keep the enemy out ; that is to say, in the first half of the century, sanitary science was unknown; in the last half, it has grown to an importance second to none. In our day, not only physicians, but all intelligent persons, are as much concerned in the prevention as the cure of disease. The case only need be stated to make the advance apparent.
Until a late date in this century the insane were regarded as possessed of an evil spirit, and were to be shunned. Now they are regarded as the victims of disease, to be treated with kindness and sympathy-a position
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much more in accord with the teachings of Him who spake as never man spake.
In the early part of the century chloroform was unknown. The surgeon was forced to operate with his patient in great suffering, and his friends suffering little less: now the victim of the surgeon's knife is made "to sleep, perchance to dream," at will.
Then the science of dentistry was unknown; now the turnkey has given place to the elaborate paraphernalia of the dentist's office. The sad- dle bags of the old-time physician, filled with compounds, more efficient than palatable, has given place to the delicate preparations of the modern pharmacist. While much has been gained by the segregation of medical learning, something has been lost. The modern specialist has not the breadtlı of learning of the old-time physician.
Some of these men were doubtless charged by their contemporaries with being harsh and unfeeling. A word, not in apology, but in explana- tion. The physician is often misjudged; being often called where all is con- sternation and dismay, he is forced to assume a bold and determined man- ner, else he would be as nervous and unmanned as the bystanders, and, at once, be in contempt. The lawyer will sit facing a jury with countenance unmoved, and listen to evidence that he well knows will be fatal to his client. If he became nervous, it would be a confession of weakness. As well charge him with lack of interest in his patron, as to charge the physician with lack of sympathy, when he assumes a bold and determined manner, where all is confusion, sorrow and dismay. Under a brusque exterior is a sympathetic and kindly heart. I make noapology for the coarse and unfeeling man, though he be a physician. The man who can thrust the surgeon's knife through the limb of his fellow, without feelings of sympathy and sorrow, if he is not on the wrong side of the bars of the penitentiary, is fit only for the society of those within.
A word as to the physicians of Bath in the Civil War. The great crisis of the century on this side of the world, and one of the great crises of history, occured between 1861 and 1865. A great responsibility devolved on the medical profession during that time. It was borne, and well borne. No physician need be ashamed of the record of his profession during that time. The science of military surgery was greatly advanced throughout the world by the American War. The following were army surgeons during the time: Dr. Farrand Wylie, Dr. Joseph S. Dolson, Dr. Henry C. May, Dr. Ira L. Babcock, Dr. Samuel Ensign, Dr. James W. Black, Dr. J. Stratton Harlow, Dr. Lewis Hawes, Dr. Seeley Brownell, and Dr. Ira P. Smith.
Much has been truly said of the trials and privations of the pioneers of this section, but what may be said of the heroism, courage and self- sacrifice of the early physicians, who in the darkness of the night, its
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stillness broken only by the sighing forests and howling wolf, wended his way through well-nigh trackless forests, and across bridgeless streams, trusting to the sagacity of his faithful horse, until he reached the log house of the struggling settler. There, unaided by consultation and illy provided with instruments, he fought a brave fight with disease and death. While it is not asserted that these physicians were faultless, or worthy of imitation in all respects, it is claimed that they were brave, self-reliant and determined men, doing a laborious, important and often unrequited duty, and that they are worthy of a prominent and honorable place in the annals of the first century of the town of Bath.
MILITARY HISTORY OF BATH.
BY MAJOR JOHN STOCUM."
The honor has been conferred upon me. by your General Committee, of compiling a history of the Militia of Bath, which I will endeavor to do to the best of my ability.
First, let me note something concerning the earlier days of our town in a military way. In Peck's History of Steuben County, we read of a former distinguished citizen of Bath: "In May, 1812, John Magee, with his father and brother, Hugh, enlisted at Detroit. in the rifle company of Capt. A. de Quindra. This company went immediately into active service, had several skirmishes with the Indians, and took part in the battle of Brownstown, on the 8th of August of that year. His company, belonging to the command of Gen. Hull, was surrendered, with his army, to the British forces, under Gen. Breck, the 16th of the same month. Magee was a prisoner until March of 1814." On his release from Fort George he re-entered the service and still further distinguished himself, especially as government messenger between Fort Niagara and Washington.
Daniel Cruger, a citizen whose abilities have shed lustre upon his adopted home, was Major during the war of 1812, where he served with distinction upon the staff of Gen. McClure in Canada.
In the Mexican war there is a record of prominence to be accorded to our village. Early in the summer of 1846, President Polk decided to send a force of volunteers by sea to the Pacific coast. A regiment, to be known as the 7th New York Volunteers (to contain ten companies, of one hundred men each, rank and file), was designated for this service, Col. J. D. Steven- son, of San Francisco (then a resident of New York city), being em- powered to muster in the new regiment. It was decided to draft one com- pany in Steuben county, and William E. Shannon, of Bath, at once vol- unteered to raise Company A. In a very brief space of time it was done, and the complement of one hundred men ready for the front. The offi- cers of the company elected were : Captain, W. E. Shannon ; 1st Lieut.,
* In the preparation of this article, the writer would acknowledge the great assistance rendered by the Rev. B. S. Sanderson, who kindly wrote out and put in shape the notes of the author .- J. S.
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Henry Magee ; 2d Lieut., Palmer V. Hewlett ; Sergeants, J. C. Van Loon, H. D. Alden, Melvin Boch and J. E. Crandall. Among the names of pri- vates we find Warren S. Hodgman, John C. Emerson, John Magee, H. S. Biles, Finley M. Pawling, Elijah M. Smith, Henry M. Osgood, and many others.
Leaving Bath, August 1, 1846, upon its arrival in New York city the company was accepted as Company I of the Regiment, and put in camp on Governor's Island, where it remained for some weeks. Sailing, with three other companies, in the Susan Drew, after a prosperous voyage of six months, in March, 1847, they were landed in what is now San Fran- cisco ; soon transferred to San Diego. where they remained until mustered out of service in 1848. Capt. Shannon died of cholera, in Sacramento, September 25, 1850, and but very few of the company from the immediate vicinity of Bath are known to be living.
While not properly a part of my subject, a word may be said here con- cerning what was known as the " Trainings." Soon after the organization of Steuben county (in 1796), in common with the rest of the State, all our male inhabitants between the ages of seventeen and forty-five were en- rolled as State Militiamen, and had to spend one day in the year at " Gen- eral Training," as it was called. Personally, as a boy, I well recall the impression made upon my youthful mind by the wonderful appearance and eccentric evolutions of these citizen-soldiers as they "trained" in and about the old park of our village. At the outset this general training was somewhat sporadic in character, but with the increase of population, defi- nitely organized companies were formed. Among the earliest of these seems to have been a company of light artillery, under the command of Col. William H. Bull. It was organized, I believe, as early as 1823, and was in active service for many years, at least eighteen or twenty. Its one gun, a brass six-pounder, at the disbanding of the company, was ordered by the State officials to Dansville. A rifle company was also conspicuous in these early days. In 1825, while John Magee was Sheriff, both of these companies formed a guard around the gallows at the execution of Robert Douglass. The early town records mention, also, a Light Horse Troop, conspicuous in that famous procession which accompanied the remains of Dugald Cameron from Hammondsport to Bath, in 1828.
Among the early officers prominent in these and less definitely organ- ized companies of the then militia, we find such prominent citizens of this section as Gen. O. F. Marshall, Col. Tyler (who acted as Marshal at the execution of Douglass), and Col. Barnard. Later on appear as leaders on training days such men as Phineas Warren, Stephen Grant, L. H. Read, R. L. Finch, David W. Lyon, Capt. Cross and "Parson " Higgins. Major John W. Whiting was Brigade Inspector at this time (namely, during the "Forties,") and John Kennard a staff officer under him.
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At their "trainings" the rank and file did not present the soldierly appearance of the National Guard of to-day. They had no regular uni- form, nor were all equipped with muskets, but many of them were sol- diers at heart. Such men as C'ol. Williams, of Prattsburgh, or Jacob Van Valkenburgh (way back in '35 or '36), the e rliest mounted officers I can recall, either on horse or afoot, presented always the gallant bearing of true warriors. Training in Bath died out forty-five years ago. The move- ment creating a more definite State Militia had started, its impulse being felt in this section of the State, as elsewhere. To Levi C. Whiting belongs the credit of the work in this direction done in Bath. At this date (1852- 1857) he was Foreman of the Champion Fire Company. In this he saw the nucleus for his company of soldiers. Through his energy were mustered in seventy-five men, forming a company of the 60th Regiment of the 27th Brigade of the N. Y. S. V.
Our Armory Hall was in the old Arcade Building,* in Orchard (now Buel) street, and there we met weekly for drills, so that on great days, like the Fourth of July, and the like, we could make our appearance upon the streets of Bath to fascinate all beholders with our display of the martial spirit. The original complement of officers was : Capt., L. C. Whiting ; 1st Lieut., William E. Bonham ; 2d Lieut., Theodore Schlick ; Orderly Sergt., John Stocum. Of the seventy-five originally enlisted, my memory recalls only the following as now living in Bath : J. P. Hand, Ira P. Ed- wards, T. P. Purdy, Jerry Van Loon, C. E. Hopkins, D. D. Chapin and A. Butler. Gen. Robert B. Van Valkenburgh was in command of our Brig- ade. Every year our company attended the brigade encampment. Once we went to Avon, again to Elmira, and twice, I remember, the tents of the brigade were pitched upon the slopes of Robie Hill, in this village. In 1855, Capt. Whiting was promoted to be Colonel of our regiment, and I was honored with the Captaincy of the company, my commission being signed by Hon. Myron H. Clark, Governor of the State. The company continued its organization until 1858, the interest being well maintained during the whole period,
With the outbreak of hostilities, in 1861, the call to arms in defence of the flag was most nobly responded to by the loyal citizens of Bath. The Elmira Rendezvous, as it was known, gave to this section great celebrity. Bath men were to the front there. Fifteen regiments-the 22d Cavalry, 1st Light Artillery, 50th Engineers, 12th, 13th, 21st (commanded by Col. now Gen. William F. Rogers, the present Superintendent of the State Sol- diers' Home), 23d, 24th, 26th, 27th (whose Colonel was the present Presi- dent of the Board of Trustees of the Home, Gen. Henry W. Slocum), 33d,
* The Fred Moris Factory occupies the site.
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25th, 64th, 85th, 86th and 89th N. Y. Volunteers, were all centered at El- mira, under the command of our old Brigadier-General, Robert B. Van Valkenburgh, of Bath. Another Bath man, Capt. William Rumsey, was his A. D. C. and Assistant Adjutant General until September, 1861, when his place was filled by still another Bath man, Capt. Ira Davenport.
Gen. Van Valkenburgh afterwards raised the 107th N. Y. Volunteers, which he commanded until December, 1862, leading it at the battle of An- tietam.
The requirements of the service are that volunteers be mustered in by an officer of the Regular Army. By a curious coincidence, one of the officers detailed for this duty at this Elmira rendezvous was a Bathite, the sole representative of our town (if we mistake not), in the Regular Army, Lieut. Wm. W. Averell. This officer deserves special mention at our hands, since to him is accorded the distinction of attaining the high- est rank during the war of any officer from this county.
Graduated at West Point in 1855, he served with distinction upon the frontier in the 1st Regiment of Mounted Rifles, U. S. A., achieving promi- nence in the wars against the Indians in 1857 and 1858. His service on the frontier was terminated by a severe fracture of the hip, which kept him home on sick leave for the next two years. He was Adjutant-General of Col. Andrew Porter's Brigade in the First Battle of Bull Run. Soon after he was appointed Colonel of the 3d Pennsylvania Cavalry, and imme- diately thereafter, in September, 1861, to the command of the 1st Brigade of Cavalry organized during the War, of which he was at the head during the campaign of the Peninsula, in 1862. After the withdrawal of the army from the Peninsula, Col. Averell was given the command of a Division of Cavalry. In 1862, he was appointed Brigadier-General, serving with distinction in the Army of the Potomac, in West Virginia and in the Campaign of Sheridan. He was six times brevetted for gallantry in par- ticular actions, in one of which he was severely wounded.
At the time of his retirement from the Service he held the rank of Brevet Major-General of the Regular Army. Since the War, Gen. Averell has held the important post of U. S. Consul General to British North America (1866-1869), and is now the Inspector General for the Board of Managers of National and State Homes for disabled veterans of the Army and Navy.
Another well-known citizen of Bath alluded to above, deserves a men- tion here, Major William Rumsey. now one of the Supreme Court Judges of the State. After recovering from a serious wound received at the Battle of Fair Oaks, Va., he served with General Averell as his Adjutant General during the greater part of the War. He was a dashing cavalry officer, a thorough soldier, and obtained the deserved promotion of Brevet
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Lieutenant Colonel for conspicuous acts of gallantry during the cam- paign of 1864.
The first company to leave our village for the seat of war was a com- pany recruited and commanded by Theo. Schlick, attached to 23d N. Y. Infantry, Col. Hoffman, of Elmira, commanding. This was the first regi- ment going from our Congressional District (the 27th), and Company A. was entirely composed of Bath men. Cornelius F. Mowers and George E. Biles were the Lieutenants. The enlistment was for two years, during which time the company saw considerable active service, participating in the engagement at Chantilly, the Second Battle of Bull Run, Antietam and Fredericksburg. It was mustered out of service May 23d, 1863. In the late summer of 1861, it was my privilege to recruit Battery E., 1st N. Y. Artillery, one hundred men. Chosen as Commander, my Lieutenants were Charles G. Wheeler and Robert H. Gansevoort. Relieved of my command soon after reaching Washington, Lieut. Wheeler became Captain and Edward H. Underhill, 2d Lieutenant under Capt. Wheeler. The Battery saw gallant service in the Peninsular, at Antietam, Yorktown, Chancellorsville, Gettysburg, Wilderness and many other notable encounters. It was mustered out of service June 16th, 1865. Lieut. Underhill was in the Battery during all its service, being remarkable for reckless bravery, nota- ble among daring soldiers. When the Battery was mustered out of ser- vice, he commanded it as Captain. The first gun fired on the Peninsular, as the Army of the Potomac advanced on Yorktown, was fired by this Battery. Last summer (1892) the major part of the survivors were my guests for a day at Ruby Cottage, Lake Keuka.
In the fall of 1862, the 161st N. Y. Infantry was recruited, in which Regiment, I commanded company F. On reaching the front, we took part in the famous Banks expedition to New Orleans and Baton Rouge, thence to the surrender of Port Hudson in 1863. John F. Little and James Fauc- ett, of Bath, were my Lieutenants.
In 1863, severe illness incapacitated me, compelling my return home. The company, under the command of Capt. Little, continued in active service, participating in Sherman's celebrated march through Georgia from "Atlanta to the sea," and in other prominent actions until the close of the war. While we were in the field, Schlick's company returned to Bath, having served their original time of enlistment. But the call of duty was too imperative for any who could go, to stay at home. So urgent was the necessity that Capt. Schlick and Lieut. Benj. Bennitt found no difficulty in recruiting a company from this vicinity in the summer of 1863, with which they returned once more into active service. This com- pany was one of the 22d Cavalry, N. Y. V .; while serving in which each of these gallant officers was made a Major. Major Schlick fell on the
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field of battle. Major Bennitt, after active service as a lawyer after the war, died but two or three years ago at Hammondsport.
In 1864, President Lincoln issued his memorable last call for three hun- dred thousand volunteers. Among the regiments then mustered in was the 189th, New York, of which I commanded Company A., two other companies being recruited, also, from this village and its immediate vicinity under the command of Capt. Burrage Rice and Walter Crosby, the latter at the time Principal of Sonora Academy. This regiment was in active service until the close of War. My own company was recruited in nine days. The gallantry of the men under me, notably on one occa- sion, demands particular mention. On Sunday, April 9, 1865, while de- ployed as skirmishers, we drove back into Appomattox the last Rebel Bat- tery Gen. Lee ever sent out. Mustered out of service at the close of the war, we reached home and separated, to pursue the avocations of peace, May 13, 1865. Brief and imperfect as this sketch has been, enough has been said, I trust, to show the whole-souled way in which the sons of Bath fought valiantly for country and freedom.
My story need not be continued much longer. Military operations in Bath for the past twenty-eight years have not been considerable. A company was recruited by me in 1867, as a part of one of the regiments of the 20th Brigade of the National Guard S. N. Y. We served for seven years, performing the usual duties of militiamen. In 1874, we were mus- tered out of service and since then no company of soldiers has taken our place. It may not become me to say it, yet in closing my paper, I must express my regret that for a score of years Bath has not counted among all its organizations a company of soldiers. Military drill and discipline do so much for a man, that their absence is a distinct loss. As a veteran (do I not speak, also, for my soldier comrades?) I do wish that, among other beneficial results, there should flow from our Centennial Celebration the formation of a company of soldiers. The young men of our village in peace would acquire the habits and virtues of men of arms, that in war they could stand in the forepart of our Country's defenders, prepared to protect the glorious liberty and freedom of these United States of America.
[NOTE .- Captain Stocum has prepared with considerable industry full and complete lists of the survivors of all the regiments mustered from Bath for the Civil War. We regret that lack of space prohibits their appearance in this book .- ED.]
THE BENCH AND BAR.
BY CHARLES H. MCMASTER, ESQ,
The evolution of judicial procedure in this State has been one of the remarkable political phenomena of the past century. In the early days of the Republic, disputes were determined by the old English law of battle. Then might made right. The contest was short, sharp and decisive. This procedure had its origin among the rude German tribes ; it was transplant- ed into England by William the Conquerer, and, among other English cus- toms and rules of law, was adopted by our forefathers in this country. It was employed in military, as well as civil affairs, and in both criminal and civil actions. In criminal actions, the accused and his accuser joined battle in person and determined the guilt or innocence of the prisoner by physical prowess and skill.
In civil actions, the procedure was applied principally to suits involving the title to real estate. The parties to the action appeared before the pro- per tribunal, and each selected a champion. The champion of the plaintiff marched into the ring prepared for battle and threw down his glove, or gage. The defendant's champion then came forward and picked up the glove and the issue was joined, and hence the name for the procedure, " wager of battle."
The issue having been joined, the action was forthwith determined by the champions in battle. It is worthy of note that in that early day, if one preferred a charge against another affecting his honor, then he must hazard his person to sustain the charge, if the accused so required ; but where property only was concerned, each party had the right to select a profes- sional Sullivan or Corbett to take the risk for a proper fee. In these de- generate days the fighters. when not training for a contest for a big purse, elect to pose their burly forms on the Vaudeville stage, in company with clowns, burlesquers and jugglers. In ancient times they determined im- portant civil rights and discharged the functions of the most learned and dignified profession of the ages. The law of battle was formally repealed in England in 1819, but it had long been in disuse.
Here in Bath, the chronicler says, " For two years after the first set- tlement (1793) no lawyer appeared in the village, but litigations were set- tled by compromise or according to the English law of battle."
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Possibly in the course of those two years, when the gallant Captain Williamson and his brave pioneers had cleared away Pulteney Square and had erected his own rude mansion, the settlers living in cabins of logs along openings in the forest already marked out for Morris, Steuben and Liberty streets, a dispute arose between two settlers as to the title to a tract of land. Settler Pine laid claim, by virtue of superior title, to a tract upon which Settler Spruce was located. Settler Spruce declined to yield, and no compromise could be reached. The gallant Captain is appealed to ; a Scotchman by birth, and well versed in the forms of English legal procedure, he directs that the issue shall be determined by "wager of battle." Blackstone says that for the place of contest, "a piece of ground sixty feet square is selected, enclosed with lists and on one side a court erected for the Judges of the Court of Common Pleas, who attend in scar- let robes. When the Court sits, which ought to be by sunrising, proclama- tion is made for the parties and their champions; the champions are dressed in a coat of armor, with red sandals, bare-legged from the knee downwards, bare-headed and with bare arms to the elbows. The weapons allowed them are only batons, an ell long, and a four-cornered target.
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