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 16
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The lawyers in the old days looked upon the stenographer as a base in- truder, who had intervened between Court and counsel to rob them of their reputation to take full notes of a trial.
Upon one occasion, Hon. Jackson O. Dykman, through whom Mr. Hus- ted received his first appointment as Stenographer to the Special Term of the Supreme Court, said to an attor- ney who was endeavoring to take in longhand the testimony, "Counsel, we cannot wait for you to take down the testimony of the witness." "Can't wait for me, your Honor?" "No, we have a stenographer here." "Got a what?" "A stenographer, who writes by sound every word the witness utters, and whose duty it is to take full notes of the trial for the court." "Well, if your Honor please, how am I to cross-examine this witness without his testimony be- fore me?" "I don't know,"' said the judge, "you will have to get along the best you can."
When Mr. Husted was first ap- pointed, and for several years there- after, his shorthand notes had to be transcribed in longhand, and extra
copies made with a copying press, which was a tedious task.
Mr. Husted had one of the first typewriting machines manufactured, and when he delivered his first copy of testimony in typewriting, the lawyer did not like it. The type was all upper case, or capital letters and the ink from the ribbon filled the type, blurring the letters, and the carbon paper smutted.
Inventive genius has done much to lessen the drudgery of the Court Stenographer. He dictates his stenographic notes to a phonograph, the wax cylinders of which are capable of receiving a sufficient num- ber of words to make four pages of typewritten matter, and then these cylinders are given to a typc- writer operator, who places them on a phonograph, and the spoken words of the stenographer are re- produced in the ears of the operator who makes the typewritten copies.
Mr. Husted says his official life among the lawyers has been most pleasant, and declares that the legal profession supersedes all others, in that it has so many avenues leading to distinction.
"To which of the professions do the people look when they need a statesman ?" asks Mr. Husted. "When the people of a great muni- cipality seek a man for Mayor, to which of the professions do they go? When the State is in need of a great physician, do they go to the medical profession to get a man for Gov- ernor? Have the Presidents of the United States been theologians or physicians? Nay! they have usually been men versed in the law."
"We live in a great Republic, and if asked, Have we a King in Amer- ica? the answer must be, We have, the Law is King, and that King should be respected more than it is feared, and if a time shall come when that King is not respected, the Republic will lean to its fall."'
See biography of Mr. Husted com- menced in volume one of this book.
CHARLES J. F. DECKER.
Charles John Frederick Decker,. Clerk of the Supreme Court, part one. He first entered the County Clerk's office as a deputy on Feb- ruary 5, 1896, and from that date to this has steadily increased his
HARVEY HUSTED
CHARLES J. F. DECKER
FRANKLIN MONTROSS
A
FRANK E. CLARK
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popularity by intelligent, faithful service rendered the public. As the position he holds grew in importance, his ability proved equal to the de- mands of increasing responsibilities.
In addition to sketch published on page 165, volume one, of this book, relative to Mr. Decker, much can be added testifying to an honorable career, steady and reliable.
He has, through the years interven- ing, with credit to himself and profit to those he served, filled many posi- tions of trust, performing duties not immediately connected with his offi- cial positions.
He is a trustee of the Home Sav- ings Bank of White Plains; secre- tary and treasurer of the Higley Machine Company of Croton Falls. Is prominent in the Masonic Order; a Forester; a member of the local Automobile Club, and associated with other fraternal and local social organizations. Is a trustee of the Croton Falls Baptist Church and Public School. A member of the Republican Club of New York city, and of the Westchester County Chamber of Commerce, in the latter organization is a member of the Council Board representing the town of North Salem.
Mr. Decker was married on April 18, 1900, in the Croton Falls Bap- tist Church, to Miss Clara V. Gre- gory, daughter of Charles B. and Ida (Cole) Gregory. Of this union there are two doughters, Madeline L., and Charlotte G.
FRANKLIN MONTROSS.
Franklin Montross, Supreme Court Clerk, was born in Peekskill, July 19, 1873, a son of David G. and Caroline Harriet (Yocom) Montross. He has always resided in Peekskill; was educated in private and public schools of that place. Was four years connected with the livery busi- ness of his father in the home vil- lage.
His political career began with his accepting an appointment as private secretary to Hon. James W. Hustea, of the State Assembly, and clerk of the Assembly Committee on Insur- ance, at Albany, in 1896 and 1897.
In 1898 he was special index clerk in the County Register's office, under Register Thomas R. Hodge, at White Plains. In the same year he
entered the County Clerk's office as recording clerk. In 1899 he was ap- pointed Special Deputy County Clerk and assigned to Supreme and County Courts as clerk alternately; in 1907 was assigned as clerk to part two Trial Terms of the Supreme Court, where he is at present. He is second oldest employe connected with the present County Clerk's office, in point of service.
Mr. Montross is prominent in fra- ternal and social organizations; is a member and Past Grand of Cort- land lodge of Odd Fellows, No. 6; Past Captain of Sons of Veterans, a member of the B. P. Order of Elks; a member of the Republican Club of New York city; a member of the Imperial Club of Peekskill; a mem- ber of the Highland Boat Club, and a member of the Elks' Club of Peekskill.
As a man of affairs it is natural that he takes active interest in politics. He is a member of the Re- publican County Committee and a leader of the eighth election district of the town of Cortland.
In September, 1911, Mr. Montross was chosen chairman of the Repub- lican Town Committee, of the town of Cortland, and member of the Re- publican County Executive Com- mittee, to fill the vacancy caused by the death of his father, who held these positions several years, besides being Postmaster at Peekskill.
Mr. Montross was married on Sep- tember 4, 1900, to Miss Lillian Chamberlin, daughter of John Met- lock and Sarah Bowen Chamberlin, of Brooklyn, N. Y. Of this marriage there are two children, Harriet, aged nine years, and Franklin, Jr., aged seven years.
FRANK E. CLARKE.
Frank Edgar Clarke, lawyer, Clerk of Surrogate's Court, Village Trustee, etc., was born on October 26, 1878, in Hillsdale, Columbia Co., N. Y., a son of Rev. William Edgar and Georgia (Wood) Clarke, his father being a well known Metho- dist divine. When the subject of this sketch was quite young his par- ents removed from Hillsdale. For- tunately they were in a position to satisfy the boy's desire for knowl- edge; after a preliminary course in local schools, he attended the New
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York Military Academy, later he was sent to the most excellent Syracuse University, from which he graduated with honors with the degree of Ph. B. in 1903.
He determined on law as a profes- sion, and being a resident of West- chester County, he entered a law office in Tarrytown as a student. He became a resident of White Plains, the County-seat, in October, 1903, and here he continued his studies. In 1904 he graduated from the New York Law School, receiving the degree LL. B., and was ad- mitted to practice, opening offices in White Plains.
Mr. Clarke is possessed of a fine presence, a good constitution and more than a usual amount of energy ; as a man-of-affairs he has been uni- formly successful, a result conse- quent on good judgment rather than what is sometimes termed " good luck." In politics he has ever taken a deep interest. He is a staunch Re- publican, preferring principle to po- sition, and doing yeoman's service in whatever he undertakes.
ยท He is a good representative of the " young men in politics." His popularity suggested his election as a Village Trustee in 1906; in this position he has served two years.
In 1908 he accepted the position of
assistant to the District-Attorney ; he became Deputy Clerk in the Sur- rogate's Court in 1909, and in 1911 he was promoted to the position he now holds, Clerk of the Surrogate's Court.
In the fall of 1910 he was urged to again accept nomination of his political party for the Village Trusteeship, as his political friends needed him to secure a victory. He was elected to serve two years more as a " Village Father."
The taste that was acquired by his early training, inclined Mr. Clarke to see service in the State Militia. He is a Mason, and is an Elk, be- ing a member of the local lodges; is a member of the College Frater- nity Delta Kappa Epsilon; a mem- ber of the Graduate's Club; a mem- ber of the Town and County Repub- lican Committees, and a member of the New York Republican Club.
Mr. Clarke was married July 30, 1909, to Miss Miriam A. Grasse, daughter of Mrs. Mary R. Grasse, of New York city. (The bride's late father, Henry Grasse, was a promin- ent New York lawyer, and at one time chairman of the Republican Committee of New York County). One child, a son, David Arvine Clarke, born June 2, 1910, has come to bless this union.
COURT INTERPRETER.
Armand R. Stainach, of White Plains, who held this position since 1886, died at his home on October 17, 1911, aged 94 years. He first entered the County's service in 1861, being appointed Index Clerk in the Register's office; later he became a Clerk in the County Clerk's office and Interpreter to all Courts. (See biography, page 167, vol. 1.)
UNITED STATES SUPREME COURT JUSTICES.
President Taft within three years appointed a majority of the United States Supreme Court, including a Chief Justice. It is a record which has not been equalled in a like space of time since President Washington. It is a record which has not been equalled by another President in any space of time save by Washington, Jackson and Lincoln.
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President Washington in eight years had the naming of twelve Justices, including Chief Justice Jay, Rutledge and Ellsworth. President Jackson, in eight years, named five, including Chief Justice Taney. President Lincoln in four years also named five, including Chief Justice Chase. But President Grant in eight years appointed only four, including Chief Justice Waite, while President Cleveland in his two separate terms appointed four, including Chief Justice Fuller.
With President Washington came the original organization of the Court. With President Jackson an old political era ended and a new began. With President Lincoln the Court was affected by the Civil War. But with President Taft a chapter of natural causes unrelated to politics operated to deplete the Supreme Bench and make up for him this remarkable record. The last appointment by President Taft as Associate Justice of this Court was that of Chancellor Pitney of New Jersey, in 1912.
ITEMS OF INTEREST.
The waters of many of the lakes and streams, in Westchester County, acquired by the City of New York to contribute to that city's water supply, were well stocked with trout, bass, perch and other desirable fish. When it was found necessary to drain a lake, as in the case of Kensico Lake, in August, 1911, the fish had to be removed to save them from perishing. The Daniel Gray Fishing Club of White Plains contributed $300 to help defray the expense of transporting the fish from Kensico Lake to Rye Lake in the town of Harrison. The Board of Super- visors, on August 7, 1911, appropriated $200 for this same pur- pose and $100 additional on condition that some of the fish from Kensico Lake be conveyed and deposited into the Grassy Sprain Lake at Yonkers.
The original wigwam of Tammany Hall was located in Bow- ling Green and then on the corner of Nassau and Spruce Streets ; the association's first regular habitation was built in 1811, at the corner of Park Row and Frankfort Street; in 1868 the Society removed to Fourteenth Street, New York, where "head- quarters" has since been maintained. The Democratic National Convention, in 1868, was held in this hall, which as a political shrine has come to occupy a place in public fame perhaps next to Boston's own Fanueil Hall.
COUNTY BAR ASSOCIATION.
The Westchester County Bar Association was organized on March 7, 1896, with the following named incorporators: Wil- liam H. Robertson, Theodore H. Silkman, Gideon W. Davenport, Francis Larkin, William A. Woodworth, I. N. Mills, J. Addison Young, H. T. Dykman, R. E. Prime, D. Wiley Travis, Richard S. Emmet, Herbert D. Lent and Charles Haines.
Judge William H. Robertson was elected first President, and Gideon W. Davenport, Francis Larkin and R. E. Prime were elected Vice-Presidents; William A. Woodworth, Corresponding Secretary ; Charles Haines, Recording Secretary, and Joseph S. Wood, Treasurer.
Gideon W. Davenport, who was Supervisor of the town of New Rochelle and Chairman of the Board of Supervisors, as well a lawyer of merit, suggested the formation of this Associa- tion, and is alluded to as its founder. He did not live to become its President.
In 1897, Surrogate Theodore H. Silkman was elected Presi- dent; with former Vice-Presidents, etc.
In 1898, Surrogate Silkman was re-elected, with Joseph S. Wood, W. A. Woodworth and D. Wiley Travis as Vice- Presidents.
In 1899, Joseph S. Wood, of Mount Vernon, was elected President, with Joseph F. Daly, Francis Larkin and W. A. Woodworth as Vice-Presidents.
In 1900, Joseph S. Wood was re-elected; Joseph F. Daly, John M. Digney and Charles Haines were elected Vice- Presidents.
In 1901, Joseph F. Daly, of Yonkers, was elected President, and George C. Appel, Wlison Brown, Jr., and Henry R, Barrett were elected Vice-Presidents.
In 1902, Wilson Brown, Jr., of White Plains, was elected President, and George C. Appel, Henry R. Barrett and John Gibney as Vice-Presidents.
In 1903, Wilson Brown, Jr., was re-elected President, with John Gibney, J. M. Wainwright and W. W. Scrugham as Vice-Presidents.
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In 1904, J. Mayhew Wainwright, of Rye, was elected Presi- dent, with W. W. Scrugham, W. Samuel Johnson and Frank L. Young as Vice-Presidents.
In 1905, J. M. Wainwright was re-elected President, with John F. Brennan, W. S. Johnson and Frank L. Young as Vice- Presidents.
In 1906, John F. Brennan, of Yonkers, was elected Presi- dent, with Frank V. Millard, John C. Ten Eyck and Stephen Lent as Vice-Presidents.
In 1907, John F. Brennan was re-elected President, with Frank V. Millard, John C. Ten Eyck, J. Addison Young and J. Alvord Peck as Vice-Presidents.
In 1908, Frank V. Millard, of Tarrytown, was elected Presi- dent, with John C. Ten Eyck, J. Addison Young, J. Alvord Peck and Frank L. Young as Vice-Presidents.
In 1909, Frank V. Millard was re-elected President, with same Vice-Presidents re-elected.
In 1910, former District-Attorney J. Addison Young, of New Rochelle, was elected President, with John C. Ten Eyck, Her- bert D. Lent, Frank L. Young, J. Alvord Peck as Vice-Presi- dents; William R. Condit, Secretary, and Anson Baldwin, Treasurer.
In 1911, J. Addison Young was re-elected as President, with John C. Ten Eyck, J. Alvord Peck, Herbert D. Lent and Frank L. Young as Vice-Presidents; Oscar LeRoy Warren, Secretary, and Anson Baldwin, Treasurer.
SUPREME COURT LIBRARY AT WHITE PLAINS.
The law establishing a Supreme Court Library at White Plains became effective May 18, 1908. (Chap. 304, Laws of 1908.)
Entitled "An act to establish a law library in the Ninth Judicial District, to be located at White Plains, and which shall be designated as 'the Supreme Court Library at White Plains.' "
The said library shall be under the care and management of a Board of Trustees, consisting of five members, who shall be appointed by the Governor, from among the members of the Westchester County bar, who shall have practiced law for at least ten years. Upon the passage of this act the Governor
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shall appoint one of said Board of Trustees who will serve one year, one two years, one three years, one four years, one five years. At the expiration of such terms the Governor shall appoint successors to said trustees, who shall serve five years and until their successors have been appointed.
The Librarian of said library shall be a regularly admitted attorney and counsellor-at-law, who has practiced law for at least five years. To be appointed by said Board of Trustees and shall hold office during the pleasure of said board. Salary to be fixed by the Board of Trustees, and to be paid in monthly installments by the Treasurer of Westchester County, out of moneys raised in said County for court expenses, upon the cer- tificate of a Supreme Court Justice of the Ninth Judicial District."
In pursuance with this statute, Governor Hughes appointed the following named members of the Westchester County bar as Trustees : Surrogate Frank V. Millard, of Tarrytown, Presi- dent of the Bar Association; ex-District-Attorney J. Addison Young, of New Rochelle; John F. Brennan, of Yonkers; Nathan P. Bushnell, of Peekskill, and David H. Hunt, of White Plains.
To decide length of term of office of each, the Trustees agreed to draw lots, with the following result: Mr. Bushnell, to serve one year, term expiring December 31, 1909; Mr. Brennan, to serve two years, term expiring December 31, 1910; Mr. Young, three years, term expiring December 31, 1911; Mr. Hunt, four years, term expiring December 31, 1912; Mr. Millard, five years, term expiring December 31, 1913. At expiration of Mr. Bush- nell's term, at the end of 1909, Governor Hughes reappointed him for the full term of five years. Mr. Brennan was also re- appointed at expiration of his term.
Mr. Millard was chosen chairman, which position he continues to hold.
At the organization of the Board of Trustees, William A. Woodward, a practicing lawyer of White Plains, was appointed Librarian, at an annual salary of $2,000.
The Library was opened to the public December 1, 1909, and is located in the County Court House, in spacious rooms espe- cially constructed, connecting with the various court chambers.
The establishment of this library was suggested by Mr. Mil- lard when president of the County Bar Association. The legis- lative bill authorizing the same was drawn by David H. Hunt, now one of the Trustees.
ASSURED UNANIMOUS RE-ELECTION.
Supreme Court Justice Martin J. Keogh is surely favored among men. To prove this we may be permitted to submit in evidence the following : "May it please the jury," our readers, to know the story relating to certain proceedings happening in the Westchester County Court House, at White Plains, in September 28, 1909, proceedings that proved specially interesting and impressive as they were also unusual in the county's politi- cal history-the peaceful coming together of two antagonistic political bodies to consummate an amicable arrangement cul- minating in a union on the nomination of a member of one of these political organizations.
Two separate nominating conventions were held, and in each a distinguished representative of his party presided, seated upon a rostrum over which, on the wall, hung the motto, "Peace and Good Will Unto Men;" flanked on one side by another motto, bearing the words, " Love Thy Neighbor as Thyself," and on the other side by the motto, " Brotherly Love Binds All."
The cause for all this was the desire to commend the faithful services of an efficient public official. The effect was the unani- mous nomination, by both the Democratic and the Republican political parties, of Martin J. Keogh for Supreme Court Justice, for fourteen years more.
Surely he is favored among his fellows.
As the Justice is marked as a Democrat, for identification, the Democratic Judicial Nominating Convention was the first held. It was organized, at noon, by electing as chairman M. M. Kane, of Orange County, who had himself been a Democratic candidate for Justice of the Supreme Court at the preceding election.
Hon. John F. Brennan, of Yonkers, one of the most intimate friends of Justice Keogh, who had at a previous election also been a candidate of his party for Justice, made the nominating speech, as follows:
"Gentlemen of the Convention: I am honored in being per- mitted to express here your wish, and that duty is made
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extremely simple, but none the less pleasant, in the knowledge that the nominee of this Convention has already been named by the people and will receive practically the unanimous vote of the district.
Fourteen years ago an advocate renowned for courage, skill and eloquence was nominated on the Democratic ticket in the old Second Judicial District, and in that year of Republican victory was elected. By that election the Bar was deprived of a gifted son that the Bench might be enriched. Fourteen years of service as Judge have demonstrated in frequent repeti- tion, the wisdom of that selection and will make it to-day the duty, as no doubt it is the pleasure, of the delegates to the Republican Judicial Convention to second our good resolution and make his nomination unanimous.
I might here very well stop, for what speech is needed to present the name of Martin J. Keogh in this Convention. What can I say that has not been many times voiced by each one of you, and that even now hangs trembling on your lips, swelling from hearts filled with pride in the man, and affection- ate regard. This very court room lends itself to the appropriate- ness of the selection. This room that has witnessed the tri- umphs of his forensic skill. This Bench around which cluster memories and traditions of that great Chief Justice of the old General Term, the revered Barnard and his associates of tender memory, our own Dykman and Pratt, the mighty Cullen, now Chief Judge of the Court of Appeals, and his learned and worthy associate Bartlett, our present able Chief Justice Hirsch- berg of the Appellate Division and his distinguished associates, Gaynor and Jenks.
We present here as a candidate to-day, a man who is a peer of the greatest of them, a man who measures up to the high standard that should be set for this great office; a man who has a heart as well as a head; who is keen to feel sorrow with the sorrowful, and gladness with the happy; whose mental make-up has not become strained in the endeavor to apply technical rules; who has a broad and clear vision to see the truth, and a fearless courage to express it; who announces law and makes decisions instinctive with life. He may sometimes err, it is a part of humanity to do so, but his decisions, whether sitting in a Court of Equity or in a Court of Law, ruling upon ques- tions or charging juries, are the decisions at all times of a learned Judge, never dictated by unjudicial influence. It has
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been said that no Judge can live in the annals of his profession, who cannot win the confidence and esteem of the Bar.
To-day it is my great fortune to present for renomination a man who has earned that confidence, who would be a great Judge, even though all our law books were burned; whose instincts are true and of an order high and noble; whose life has been sweet in the aspiration for better things, and with all, possessed of a modesty so great that it places me under restraint in performing this duty.
I present for the approval of this Convention, the most skillful and eloquent advocate who has ever appeared at the Westchester Bar, a very learned and humane Judge, a man who has made even the losing of a case a pleasure; our neighbor and friend Martin J. Keogh."
This nomination was ably seconded by several delegates rep- resenting the five counties within the Judicial District, the addresses being highly complimentary to the gentleman proposed.
On motion, the nomination of Mr. Keogh was made by accla- mation ; all delegates giving assent by rising in a body.
The Convention then adjourned, to meet in joint convention with delegates to the Republican Judicial Convention.
The Republican Judicial Convention convened one hour later, in the very court room where the Democratic Judicial Conven- tion had been held. James M. Hunt, former Corporation Coun- sel of Yonkers, was chosen as presiding officer, and after the organization was completed, announcement was made to the effect that the object of gathering was the placing in nomina- tion of a candidate for Justice of the Supreme Court, to succeed Martin J. Keogh, whose term of office was about to expire.
Former District-Attorney J. Addison Young, of New Rochelle, arose to address the convention and was recognized by the chairman. Mr. Young spoke as follows :
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