USA > New York > Westchester County > Westchester county in history; manual and civil list, past and present. County history: towns, hamlets, villages and cities, Volume II > Part 14
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The General Assembly, on April 11, 1785, passed an act order- ing that sessions of the courts be held in the Presbyterian meet- ing house in Bedford, until the Court House should be rebuilt, or until further orders of the General Assembly. An act passed May 1, 1786, by the General Assembly, authorized the erection of Court Houses in both White Plains and Bedford, and eigh- teen hundred pounds was appropriated for the purpose. Stephen Ward, Thomas Thomas, Ebenezer Purdy, Richard Hatfield, Ebenezer Lockwood, Jonathan G. Tompkins and Richard Sackett, Jr., were named as a committee to superintend the construction.
The first session of the County Court was held in Bedford Court House on January 28, 1788, and a session was held in White Plains on May 26, same year. For many years courts were held alternately at these places.
The site of the second Court House in White Plains is now occupied by the Armory of the local State Militia company.
The third Court House in White Plains, was erected on Railroad Avenue, in that village, in 1857, at a cost of nearly $150,000. In 1894 a wing was added on the west side, to be used as a " hall of records," at a cost of about $40,000. (See page 36, volume 1.)
In 1910 was completed additions to the original building that nearly doubled its size, the cost of new work reaching nearly $700,000.
The new Constitution of the State abolished the office of Jus- tice of Sessions and consolidated the County Court and the County Court of Sessions under the title of County Court. The final sitting of the Westchester County Court of Sessions was held on December 31, 1895.
Four courts, three Supreme and a County Court, are in almost constant session in the County. The Surrogate's Court is held on four days weekly during the year, excepting the month of August.
The County Court, in 1890, held only four terms a year, with an average of twenty-five cases on the calendar for a term, no term lasting more than four weeks. Now the County Court sessions are almost continuous, excepting the summer vacation season, and frequently the increase in business requires the
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running of one term into the next, and the number of cases on the term calendar has increased at the rate of six to one.
County Courts are continued by the new Constitution with original jurisdiction in actions for the recovery of money only where the defendants reside in the county, and in which the complainant demands judgment for a sum not exceeding $2,000. The Legislature is given the power to enlarge or restrict the jurisdiction of the County Courts, but not beyond the limit of $2,000. County Judges are to hold their offices for six years. Under the Constitution, which went into effect January 1, 1896, Courts of Sessions were abolished, except in the county of New York. Kings County is authorized to have two County Judges.
The Legislature may, on application of the Board of Super- visors, provide for the election of a local officer to discharge the duties of County Judge, in case of inability or of a vacancy, and in such other cases as may be provided by law, and to exer- cise such other powers in special cases as are or may be pro- vided by law. No County Judge shall hold office longer than until and including the last day of December next after he shall arrive at seventy years of age. Vacancies occurring in the office of County Judge shall be filled in the same manner as like vacancies occurring in the Supreme Court. The com- pensation of any County Judge shall not be increased or dimin- ished during his term of office. His salary is established by act of the Legislature, and is made payable out of the County Treasury. A County Judge of any county may hold County Courts in any other county when requested by the Judge of such other county. The County Judge of Westchester County is prohibited from practicing as an attorney or counselor in any court of record of this State, or act as referee, as the county has a population exceeding one hundred and twenty thousand.
The salary of the present County Judge of Westchester County is $10,000 per annum, as fixed by special act of the Legislature; Laws of 1907, chap. 256. The salary was formerly $7,500 per annum, fixed by the Legislature; Laws of 1901, chap. 584.
The State Legislature passed a special act in 1903, chap. 601, authorizing the County Judge of Westchester County to appoint a Court Crier, at a fixed compensation of $1,200 per annum, to be paid in monthly installments by the County Treasurer.
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The following named residents of the county, in addition to those mentioned in volume one, have held this office :
Smith Lent, Sing Sing, 1896 to 1902.
William P. Platt, White Plains, 1902 to 1908; re-elected and served from 1908, now acting.
Present Clerk of Court, Gerald Fitzgerald; Stenographer, William L. Milligan.
SURROGATE'S COURT.
(Continued from page 101, Vol. 1.)
The State Constitution, adopted in 1894, provides that the Surrogate and Surrogate's Courts shall have the jurisdiction and powers which the Surrogate and Surrogate's Courts form- erly possessed, until otherwise provided by the Legislature. The County Judge shall be Surrogate of his county except where a separate Surrogate has been elected (as in Westchester County). In counties having a population exceeding forty thousand, wherein there is no separate Surrogate, the Legisla- ture may provide for the election of a separate officer to be Surrogate, whose term of office shall be six years. When the Surrogate shall be elected as a separate officer his salary shall be established by law, payable out of the County Treasury. No County Judge or Surrogate shall hold office longer than until and including the last day of December next after he shall be seventy years of age. Vacancies occurring in the office of Sur- rogate shall be filled in the same manner as like vacancies occur- ing in the Supreme Court. The compensation of any Surrogate shall not be increased or diminished during his term of office. For the relief of Surrogate's Courts the Legislature may confer upon the Supreme Court in any county having a population exceeding four hundred thousand, the powers and jurisdiction of Surrogates, with authority to try issues of fact by jury in probate cases.
The Legislature may, on application of the Board of Super- visors, provide for the election of local officers, not to exceed two in any county, to discharge the duties of Surrogate, in case of inability or of a vacancy, and in such cases as may be provided by law, and to exercise such other powers in special cases as are or may be provided by law.
Ator P, Valigie
Joseph Morscleanser
William P. Platt.
Frank .Millard
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Prior to 1846 Surrogates for Westchester County were appointed; the first elected Surrogate of this county entered upon his duties January 1, 1848. By special act of the Legis- lature, passed April 10, 1833, the office and court of the Surro- gate was established in the County Court House in the village of White Plains, to which place the same were removed on May 10, 1833.
By an act of the Legislature, passed May 27, 1889, the salary of the Surrogate was fixed at $6,000 per annum. By special act of the Legislature, passed May 10, 1906, the salary was fixed at $7,500 per annum, as it is now. The term of office is six years.
Regular terms of this Court are held in White Plains. Special term is held in Yonkers every Wednesday and in Peekskill the fourth Thursday in each month. No regular Court is held dur- ing July, August and September.
In addition to the names already given (in volume one) the following named residents have held this office in this county :
Theodore H. Silkman, of Yonkers, for twelve years, from 1895 to 1907 (died August 22, 1910).
Frank V. Millard, of Tarrytown, from 1907, now acting.
OFFICIAL STAFF OF THE SURROGATE'S COURT.
Frank E. Clark, Chief Clerk; David S. Murden, Deputy Clerk; George H. Peene, Record Clerk; Wallace Dutcher, Chief Recording Clerk; Louis A. Houghtaling, Assistant Recording Clerk; Alfred Pendorf, Index and Accounting Clerk; James H. Howorth, Office Stenographer and Clerk; J. Flanagan, Court Stenographer; William T. Ferguson, Solomon D. Oakley and Timothy Dwyer, Court Officers.
Anson Baldwin, of Yonkers, in 1911 resigned the Chief Clerk- ship he had held since 1902.
BIOGRAPHICAL SKETCHES.
HON. MARTIN J. KEOGH.
Martin Jerome Keogh, Justice of the Supreme Court, was born in Ire- land, the land which has produced so many of our substantial and honored citizens, a son of John and Margaret Keogh, in the year 1853. His parents died when he was quite young and he became a charge of an uncle; to his own labor is due the good educa- tion he has; the lad's independent
nature caused him to " strike out for himself "' as soon as the opportunity afforded. The young student read much of American history, and his reading created in him a desire to be in the " new country " that offered so many advantages to the indus- trious ambitious. Impatiently he waited an opportunity, which came in his early manhood. He was not overburdened with worldly goods
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when he landed on the American shore, but he did possess what was greater than riches, the vigor of youth and a determination to suc- ceed, regardless of obstacles. He was virtually friendless in a strange coun- try; he brought no letters of intro- duction to influential residents; his only recommendation was an honest face and an evident determination to " make good,"' if given a chance.
Possessed of a bright intellect, re- inforced by quick native wit and a jovial, happy disposition, he made friends of all with whom he came in contact.
Willing to do whatever his hands found to do, he was employed in vari- ous capacities, until new acquaint- ances, becoming aware of possibili- ties in his connection, recommended to him that he devote some of his time to legal study. As a result of this kindly advice, he spent all the time possible outside of his daily la- bor in other directions, to the myster- ies of the law; he worked as a news- paper reporter, or in store or shop, in the day time and at night after he had retired to his humble hall room he studied, as the midnight oil burned. The money he earned "in trade" he carefully saved, after pay- ing his slight expenses. In due course of time he was able to enter the New York University Law School, from which he graduated in 1875, with high honors and the degree of LL.B .; in 1906 the degree of LL.D. was conferred upon him.
The same year he graduated from Law School he became a resident of New Rochelle, where he began the practice of his profession as a part- ner in the firm of Banks & Keogh. On Mr. Banks being elected County Register, this partnership was dis- solved the first part of January, 1878. For a time Mr. Keogh continued alone. Later he became associated with John W. Boothby, under the firm name of Keogh & Boothby, with offices in New Rochelle and Port Chester. At the dissolution of this latter partnership, Mr. Keogh con- ducted business on his own account, having offices in New York City and New Rochelle.
He for a period served as Cor- poration Counsel of the village of New Rochelle, but soon found that his rapidly increasing law practice
would debar him from public office holding.
He was always regarded as an eminently safe counsellor and an ex- ceedingly effective practitioner at the bar. As a criminal lawyer, he had few equals in the State, and justly gained an enviable State-wide repu- tation. Before a jury no man was stronger or more convincing. His personal appearance and manner were calculated to impress a jury as but few pleaders are able to do. Of commanding height, erect carriage and piercing eye, and with a counte- nance expressing intelligence and confidence, when he arose for a for- ensic effort, not even his youth could prevent a stranger from expecting a superior display of oratorical abil- ity and legal acumen. And no dis- appointment followed. His voice swelled full and clear, his statements of fact were concentrated, earnest and plain, and as he warmed with his subject, he would become impressive and fervent, playing upon the sym- pathies and passions of listeners with a master hand.
Such marked talents necessarily commended their possessor for po- litical preferment.
In 1892 Mr. Keogh was elected on the Democratic ticket as a Presiden- tial Elector, and he had the pleasure as well as the honor of casting in the Electoral College a ballot for Grover Cleveland for President, a man for whom he had the highest regard.
The opportunity to satisfy the am- bition of the average lawyer, and the lawyer above the average, to reach the Supreme Court bench, came to him unsought in 1895, when he was prevailed upon to accept the Democratic nomination for Supreme Court Justice, for the Second Judi- cial District. General satisfaction was expressed by members of the bar throughout the judicial district, and members of all political parties ral- lied to ensure his election. Though the election was held in a year when the opposing political party was gen- erally successful, and some of the Republican candidates for the Su- preme Court Justiceship were chosen in this district, Mr. Keogh, more successful than others on his ticket, was not carried under by the "land- slide;" he was chosen by a hand-
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some majority, proving that he had been liberally supplied with all kinds of votes, testifying to his well earned popularity.
At the time of his election, Mr. Keogh was the acknowledged leader of the Westchester County bar, and had been president of the County Bar Association. To accept the po- sition on the Bench he relinquished an extensive business paying yearly many times more than the salary he would receive; beside his general practice, he was attorney for valu- able estates.
In the able discharge of duties as a Justice, from the very beginning of his career, he justified the trust placed in him by the action of the people who elected him. His just treatment of advocate and client in- creased the regard entertained for him. He took first rank as a jurist, and not only were his services desired in his own district, but he was very frequently, by special request of those interested, assigned to preside in courts of the First Judicial Dis- trict, New York city; had he so de- sired, he could have been assigned by the Governor to serve as a mem- ber of the Appellate Division.
His fame as a Justice had the ef- fect, not long after his ascending the bench, of bringing his name promi- nently before the public as the possi- ble Democratic candidate for Gov- ernor. While he fully appreciated the good intentions of friends, he made it known that his name should not be considered as that of an as- pirant for the Gubernatorial nomi- nation; he was content to remain where the people had placed him- on the bench. Again, in 1910, he was urged by enthusiastic friends from all parts of the State to accept the Democratic nomination for Governor, and his name was presented to the State Convention held at Rochester; again he sent the same answer-his work had been laid out for him and he would remain true and serve the people where best he could.
Justice Keogh's second election, in 1909, for another term of fourteen years, and especially the voluntary manner in which it was brought about, all political parties compet- ing to do him honor, was a great compliment to him; particularly so, as it was the first time that both
the principal political parties united in this vicinity to accord any person a joint nomination.
As if to prove further what we have here asserted, that Justice Keogh's fame is State-wide, and his popularity even broader, not con- fined to a locality, like a "Pent up Utica, " comes this statement of fact: From January 16 to March 30, 1911, the Democratic Legislature, in session in Albany, was in a " dead- lock" over the choice of a United States Senator to represent this State, who was to enter upon his duties on April 5, following. A com- promise candidate for the position was found necessary; a meeting of Democratic leaders was held in New York city on March 29; many names were proposed, but none proved ac- ceptable until the name of Justice Keogh was suggested. Against him no protest came; he was in no way allied with "the undesirable inter- ests,"' was connected with no party faction, and in all ways he was deemed clean and upright; he was decided upon as the man of the hour, whose selection would appeal to all Democrats, "regulars,' "insur- gents,"' or by whatever name they may be called. There was no ques- tion as to whether the amiable Jus- tice would accept an honor to reach which is the ambition of all men in public life. The Justice was seeking a few days' rest in Hot Springs, Va .; a telegram was sent asking him to accept. True, the temptation was great; but the Justice's usual good judgment told him that the high prize was not for him at this time, his obligations lay in another direc- tion; though the insured honor was enough to entice any man, he proved strong enough to put it off, and re- main in the judicial position which he so ably fills, which is congenial to him and in which he gives satis- faction to the people.
Justice Keogh's declination of the position of United States Senator calls to mind the remark of a noted English celebrity, that "no man can be a good lawyer and a good states- man." Justice Keogh is a good law- yer, and this he decided to remain, and continue to give the people of this Judicial District, as usual, his best service as a Judge.
We have here spoken of Justice
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Keogh as we knew him in the days when he first began practice, exerting his magnetic influences; to-day we know him as meeting to the full the expectations of his many admirers. Possessing that old-time vigor and spirit, tall, erect, manly, well-propor- tioned, his jet-black hair tinged with grey, and a strong face denoting unusual decision of character and marked ability. His manner and general bearing-kind, courteous and agreeable to all with whom he comes in contact-is equally captivating, and all combined, contribute to ren- der him a leader among his peers.
Before going upon the bench Mr. Keogh had the signal distinction of being retained on one side or the other in every important suit, civil and criminal, which came up in the county, and, what is more remark- able, his practice was confined espe- cially to neither.
He defended almost every capital case which was tried in the county while he was at the bar, and, as he puts it, his clients were all innocent and were consequently acquitted.
He established in Westchester County, for the benefit of the poor people, a Legal Aid Society, and he gets the leading lawyers of the county to take turns in giving legal advice to people who are too poor to pay a lawyer. This Legal Aid So- ciety also gives instruction to appli- cants for citizenship in our system of government and has translated into Italian, most interesting and instruc- tive, a collection of questions and answers on subjects connected with our republican form of government.
The New Rochelle People's Forum, which has attracted so much atten- tion, was the sole work of Judge Keogh. Its success has been phe- nomenal, and the discussions before the forum have attracted the great- est attention throughout the country.
Judge Keogh married Katharine Temple Emmet, the great-grand- daughter of Thomas Addis Emmet and the great niece of the illustrious Robert Emmet. Of this union there are nine children. Justice Keogh by a former marriage has two sons, Alexander Keogh, aged 29 years, who was an Assistant under District- Attorney Jerome of New York, and is now a Civil Service Commissioner
of the latter city, and Martin J. Keogh, Jr., aged 25 years, a lawyer.
HON. ARTHUR S. TOMPKINS.
Arthur Sidney Tompkins, a Jus- tice of the Supreme Court, for this the Ninth Judicial District, was born on August 26, 1865, in Middleburgh, Schoharie County, N. Y., a son of Sidney B. and Mary H. (Yocom) Tompkins. When he was about one year old his parents removed to Clarkstown in Rockland County, and since then he has been a resident of that county with the exception of the period he spent in Tarrytown, West- chester County, as a student in the law office of Henry C. Griffin, Esq.
He attended the Clarkstown and Nyack public schools. At the age of 14 years he left school and went to work; was employed two years in a dry-goods store. He then took up the study of law and continued it in the offices of Seth B. Cole, Esq., and Hon. Abram A. Demarest, of Nyack, and Henry C. Griffin, Esq., of Tarrytown. He was admitted to the bar in 1886 and has ever since been engaged in active practice.
Judge Tompkins, though not a son by birth, is a son of Westchester County by adoption, so to speak; his former abode in this county, his marriage to a daughter of this county, and his wide acquaintance and popularity with residents of our county makes him "one of us." That he was unfortunate in not hav- ing been born in Westchester County is no particular fault of his own, and this fact of his being born elsewhere should not be considered as a point against him, especially as he was very young when born and not of a "deciding mind,"' and because he assures us that if he had it to do over again he might choose our county, though he loves Rockland County, and good old Schoharie, the land of Democratic principles, is not the worst county to be born in.
Rockland County, the Judge's pres- ent place of residence, was allied with Westchester County for many years in the formation of a political divi- sion of the State, and on account of its intertwined business interests, has been recognized as a close relative of the larger county. The Judge's mingling with us and his association
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with our best interests led to his be- ing numbered as of us. Therefor when admirers of Judge Tompkins spoke of the young jurist as "a Westchester County boy, " there were but few who would want to gainsay it. His position as a Su- preme Court Justice with jurisdic- tion over this county, and the fre- quency of his holding court in our county, furnish other links in the chain that binds him to us.
As a man possessing all the attri- butes of relationship, Judge Tomp- kins is here considered as a son and given a place in Westchester County 's annals.
The author of this Manual who, with considerable pride, watched through the years his successes and justly earned advancement in reach- ing the goal of a lawyer's ambition, knew Judge Tompkins in his early youth, as one possessed of no ordi- nary cleverness, of marked intelli- gence, predicting a successful career in whatever vocation of life he chose to follow. Studious in habits, pos- sessed of essential integrity, loyalty to principles, and determination to overcome obstacles and win success honestly, were foundations of his well-formed character, and composed his stock in trade, that proved more effective as business capital than would, probably, money acquired from wealthy relatives, who were to him "few and far between." He early realized that to get along and satisfy an honorable ambition, he had to depend principally upon him- self, upon his own exertions, that he had to be the "architect of his own fortune, "' as it were. How he did it, how he is deserving of all honors credited to him, furnishes an object- lesson to other youths similarly situ- ated at the starting.
His genial disposition and courte- ous manners, even as a boy, de- manded kind regard; therefor it is not strange that, when yet a youth, he was elected to an important judi- cial office as a candidate of a mi- nority political party. His charming personality secured for him votes where political considerations failed. When he ran for the higher office of Supreme Court Justice, in 1906, he still retained the same magnetic power that drew forth the votes of men of all political faiths, and se-
cured for him a larger majority, throughout this Judicial District, than any of his associate candidates. To-day he possesses the high regard of all his fellow Judges in the State, and the unsurpassed confidence of all practicing members of the bar.
Hon. Alonzo Wheeler, the Dean of the Rockland County bar, in 1902, wrote his opinion of the subject of this sketch, for the Rockland County history, so ably and so in touch with our views, that we quote from same, as follows:
"In every commonwealth there have arisen men whose experiences have been phenomenal, men to whom success has taken kindly at the very beginning. And this not by reason of the favor of fickle fortune which has pursued the man, but because the man from the outset has asserted his right and his determination to succeed, and has then simply pro- ceeded in the use of the appointed means to achieve the desired success. Such a man is Arthur S. Tompkins. Although Judge Tompkins is one of the younger members of the County Bar, special reference is given to him here because it follows naturally the mention above made of him as County Judge. In 1887 he was elected Police Justice of the Village of Nyack. He manifested an apt- ness for political life, and was elected to the Assembly as a Republican in a Democratic county, in 1889. In 1893 he became the Republican can- didate for County Judge and Surro- gate, and was elected. In 1898 he was elected a Representative in Con- gress, and following his election re- signed from the Judgeship. In 1900, he was again elected to Congress, and is at this writing serving his second term. He is favorably spoken of as a candidate for the Supreme Court Bench and his peculiar fitness for that honorable and responsible position is not questionable, but is cheerfully admitted by his brethren in his legal profession. We have said that the people very soon re- cognize real merit and true worth, but it is not often that the members of a profession will with one accord admit and proclaim the existence of these qualities in one of its own num- ber. However, in this regard, the . legal profession differs from other professions. The spirit of fairness
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