Copy 1 ^^^^B^ ^
F 127
IJVINfiSTON COUNTY
HISTORICAL SOCIETY.
ANNUAL ADDRESS :
The Judges and Lawyers of Livingston County and ttieir Relation
to the History of Western New YorK.
4581 r
V
THIRD ANNUAL MEETING
OF THE
LIVINGSTON COUNTY
HISTORICAL SOCIETY,
//BLl) AT GEiXESEO,
Tuesday, January 14th, 1879.
OPENING ADDRESS by PRESIDENT MILLS.
ANNUAL ADDRESS by L^ BrPROCTOR.
DAXsVll.LE, N. v.:
A. O. UUNNFf.I,, PRINTER, ADVERTISEH OI'FICE.
1870.
%..l8k J
^r'^AS^,
;5?i«r o?l>
^\^A
vA
Ul
THIRD ANNUAL MEETING
OF THE
Livingston County Historical Society.
The third annual meeting of the Livingston County Historical Society was
held at Geneseo, Jan. 14th, 1S79. A business meeting was held at 11 o'clock a. m.
at the American Hotel, Vice President Mills in the chair, Norman Seymour, Sec-
retary and Treasurer. Letters were read from Hon. B. F. Angel, Hon. J. R. Mc-
Pherson, Hon. George W. Patterson, and Thomas Warner, the latter enclosing an
" old round house medal.'' L. B. Proctor, Chairman of the Publication Committee,
reported and his report was accepted. The Treasurer's report showed a balance in
the treasury of S25.08, and his report was accepted. Dr. L. J. Ames offered the fol-
lowing resolution, which was adopted :
Resolved, That the Committee on Membership be authorized to issue a circu-
lar for the purpose of inviting citizens of the County of Livingston to become
members of this Society, and that the said Committee be authorized to receive
such persons as may present themselves and comply with the requirements of the
Society, as members, and report the same to the Secretary of the Society, who
shall enter their names on the roll of membership.
On motion of A. O. Bunnell, the Secretary was authorized to procure a book
for recording the proceedings of this Society since its organization, and to have
the same recorded therein.
The Society then elected the following officers for the ensuing year:
President— M. H. Mills.
Vice President— William M. White.
Secretary and Treasurer— Norman Seymour.
Councilmen— L. B. Proctor, L. .1. Ames, D. H. Fitzhugh, George W. Root, Sam-
uel P. Allen, B. F. Angel, John F'. Barber, A A. Hendee, F. M. Perine.
The following committees were appointed :
Finance Committee— E. H. Davis, F. M. Perine, S. P. Allen.
Publication Committee— L. B. Proctor, B. F. Angel, A. A. Hendee.
Membership Committee— L. J. Ames, D. H. Fitzhugh, G. W. Root.
Major Amos A. Hendee offered the following preamble and resolution, which
were adopted:
Whereas, The Livingston County Pioneer Society have recommended the
due observance of the Centennial of the Battle of Groveland under Gen. Sullivan
in September, 1779, therefore
Resolved, That the Livingston County Historical Society recommend that
the said Centennial be duly observed, and that a committee of five be appointed
to act with the Committee of the said Pioneer Society, or by themselves for this
Society, to complete arrangements for the celebration of said Centennial, and that
the Committee of this Society have full power to act for this Society in reference
thereunto.
The Chairman appointed the following members as such committee: Amoa
A. Hendee, Chairman, William M. White, Dr. F. M. Perine, Dr. L. J. Ames, E. H.
Davis.
Secretary Seymour announced that he had recently held a personal conference
with Hon. Horatio Seymour, and that he had consented to deliver the address at
the Centennial celebration, on the 1.1th of September, 1879. This announcement
was received with much enthusiasm.
At 2 o'clock p. m. a public meeting of the Society was held in the beautiful and
commodious chapel of the Geneseo Normal School, President Mills presiding and
4 Livingston County Historical Society.
supported by other officers of the Society. The President opened the meeting by
delivering the following address, which gives a condensed history of the Society,
its object and its work, together with many valuable suggestions in connection
therewith:
ADDRESS BY PRESIDENT MILLS.
The annual meetings of this Society are events of much Interest to the mem-
bers ot the association, and I am gratified to say from evidences evinced from
year to year, of growing interest to the public. It is upon thege occasions we elect
offlcers for the ensuing year ; deliver an annual address; the formal presentation
of gifts and legacies to the Society ; the announcement of deaths, if any, of the
members of the association the past year, coupled with a brief biographical sketch
of their lives; to learn from the records of the Society the increase of our numbers
by new members joining the association, and also the financial condition of the
Society, together with other interesting ceremonies incident to the occasion.
It is a source of congratulation, that while a direful scourge has visited por-
tions of our country the past summer, with unparalleled destruction to human
life our locality has been favored by divine grace, with ordinary good health, and
I am happy to announce no deaths have occurred among the members of our So-
ciety the past year. I take this opportunity also to congratulate the officers and
members of this association upon the success of their enterprise. I depm it prop-
er and of sufficient importance in this connection, to present for the considera-
tion of members of the association and the public, a brief statement of what the
Society has accomplished since its organization. Three years ago the initiatory
steps were taken in Dansville to organize this Society. An adjourned meeting was
had at Mount Morris in the month of January, 1876, in which the organization was
more fully perfected, by the adoption of a constitution and by-laws, but was not
fully perfected under the laws of our state until February 18, 1877, when articles of
association were gotten up, subscribed to, and placed on file in the office of the
Clerk of Livingston County, and in the office of the Secretary of State at Albany.
In this brief period of time there has been added through the auspices of this Soci-
ety to every town in the county, during the centennial year, more or less new
historical matter. There have been two annual historical addresses delivered.
The first one by Mr. Norman Seymour, Secretary of the Society, the other by the
Hon. B. F. Angel, both of which contain historic matter, which in the no distant
future will be referred to by historians of that day, as authority upon the subjects
which they treat, and will form additions to the already written history of West-
ern New York and Livingston County.
L. B. Proctor's biography of John Young, on the occasion of the presentation
of the deceased statesman's portrait to the association, is a fitting tribute to the
memory of a public man, it being a faithful record of his public acts, and will
form new matter of historic interest of much value, to be added to the future his-
tory of our locality, and its public men. Honorable mention should also be made
of eulogies, containing original historic facts from the early settlement of this
county down almost to the nresent lime, pronounced by members of the associa-
tion on the deaths of those worthy pioneers, the Hon. William Scott, Adolphus
Watkins and Deacon John McColl, members of this Society. They have been
called to their fathers, and have left their associates in this Society to carry on the
good work which they were co-laborers in, and aided by their means and pres-
ence and force of character to establish, and to carry forward. Let us prove wor-
thy to the trust committed to our hands Let us, if necessary, sacrifice personal
preferences for the success and public welfare of this association, believing that in
so doing we best promote the interests and objects of the Society, and be enabled
to transmit to our successors an institution worthy of their fathers, and worthy of
preservation by them, and their descendants.
Under the auspices of this Society there has been organized and established
the Livingston County Pioneer Association. This association is also a success;
from a small beginning its annual gatherings are now attended by as many as
10 000 people. The influence of a society like that is beneficial to the general pub-
lic In many ways. The wonder now is that it was not in this county, where the
early settlers were largely men of intelligence and culture, and where an intelli-
"ent and reading class of people compose almost the entire population, organized
before. It is an offshoot of the Historical Society, and like it, promotes historical
research. It enables the historian to gather up scraps of unwritten local history
from pioneers and old settlers present, which, when preserved and added to the
already written history of the county, will make it more full and complete, and
therefore more acceptable.
The panorama and dissolving scenes of life to-day, are painted upon the same
canvass, which is rolling still, upon which our fathers were paiuteu. The present
is bound to the past by its very existence, and the great highway of progress which
the generation of to-dav walk, is but the continuation of the first paths trod by
our fathers. History is but the preservation and delineation of a former age
handed down to us. To paint on the moving canvass of to-day the lessons they
teach, together with events and changeable scenes of life in this age, are among
the objects of the pioneer association. But I must not, at this time and place en-
large upon the objects and benefits of that society, and will only dwell to remark
that three annual historical addresses have been delivered before that associa-
tion, one by Mr. Norman Seymour, one by Major Hendee, and one by the Speaker.
The two former of which show labor and research, and are a fruitful source from
which to obtain new and original matter for the future historian.
Third A^inual Meeting. 5
Through the courtesy and liberality of the Wadsworth library committee, a
portion of a room In the building has been assigned to the uses of this Society. It
will therefore be observed, that the Society is prepared to receive legacies, dona-
tions, and gifts, in the form of boolts, manuscripts, portraits and relics of historic
interest, and have also a secure and safe place to preserve and keep them.
It will be perceived from this brief sketch, that the labor and work accom-
plished by the Historical Society, during its three years of existence, have been
varied and extensive, and beyond the most sanguine expectations of its founders
and admirers, and is rapidly commanding as a result, that high esteem and con-
sideration from the public, which its labors, and the preservation in an enduring
form, the local history of the age, justly entitle it. Much credit however is due lor
these results to the press of the county, who have zealously labored with open-
handed liberality, at all times, and under all circumstances, to further the inter-
ests of this Society.
To become a member of this Society costs one dollar a year, or ten dollars for
a life membership. The work of this Society cannot be accomplished from year
to year without financial aid, to defray necessary and unavoidable expenses. At
present we have no resources to raise funds from , ejccept from contributions from
members of the Society, and trom the admission fee of membership. We are ena-
bled, however, to make the statement, that our Society is solvent, and that there
are funds in the treasury to pay every indebtedness of tlie association up to the
present time, and that our mission here is not to solicit charity.
Ladies are eligible to become members of the association as well as gentlemen.
Women's thread of life lorms a portion of Jhe warp of history, and as the shuttles
of the Hying days and years throw across it their woof of circumstance, the fabric
becomes more beautiful and perfect until the final end approaches, when it re-
sembles fine gold, and like it, is non-destructible.
I take the liberty on this public occasion to speak, not by the temporary au-
thority in which I find myself clothed by the partiality of this Society, but simply
as a member of the association, to suggest and recommend, during the long win-
ter evenings, that the members of the Society, in the dilT'erent villages of the coun-
ty, hold monthly or semimonthly meetings at the residence of some member of
the association ; on which occasion the guests are to be specially invited, and a
member of the Society will be expected to read a paper upon some subject selected
by the writer, and its merits to be discussed by the company present. Such meet-
ings, it is believed, would materially aid the Society in its objects and mission.
Which, I may say in a word, are to discover, procure, and preserve In an enduring
form, whatever may relate to our local history, and to disseminate such statistical
information upon all subjects, as seem advisable, or of public utility.
At such meetings it would be an attractive feature in the exercises, for a lady
to read a paper upon some subject suggested to her, or upon a subject of her own
choosing. Ladies, think of this. Remember that each age makes its own history,
and the more faithfully it is preserved and recorded, the more honor is attached
to that age by the one which succeeds it. The faithful written record of a people,
is the most fitting and enduring monument the living can erect to their memory.
If these be worthy and the record truthful, time, which destroys all things but
'good deeds and lofty thoughts, will embalm their memory for eternity. In the
spirit of this truth let us aiid our associates and successors from year to year, ad-
dress ourselves to the task before us.
At the close of the address, which was received with applause, Mr. Killip's
quintette sang " Auld Lang Syne" with a fervor which stirred every heart. Then
Rev. George K. Ward of Dansville oflfered the following prayer:
Almighty and Eternal God, from whom cometh every good and perfect gift —
we acknowledge Thy protecting care which has been over us during the past year,
and we render our united thanks to Thee that Thy tender mercies have failed not
unto us, nor to our households. We invoke Thy benediction to rest upon the as-
sembly which is here convened. We thank Thee for the pleasant occasion which
calls us together, for the sweet associations connected with this day, and the grate-
ful memories which are awakened as we meet in this room. We ask that our
gathering together may result in the more perfect cementing of friendships formed
in other days and here so sweetly renewed. Asour minds shall turn reverently to
contemplate the events of another year, grant that the retrospect may awaken
gratitude and inspire to nobler aims afld endeavors. We recognize Thee as the
God of history, oh Thou who sittest upon the throne, ruling among the armies of
heaven and the inhabitants of the earth; and because we know and honor Thy
name we come to asK Thy benediction this day upon all our deliberations, that we
may be brought into loving fellowship with Thee as we commune with one another.
Enable us to perceive that the events which are embodied in the record of each
passing year, are but the unfoldings of Thy sovereign will, and Thy eternal pur-
pose. As we study the pages of history may we trace Thy ruling hand, above all
and through all and ordaining all, for the well being of men and the glory of Thine
own name. If we have succeeded in doing anything that is worthy to be remem-
bered, it is because Thou hsis^ inspired it. If we have spoken any words which
shall find a permanent place in the hearts and minds of our fellow men, it is be-
cause Thou hast spoken through us. If we have been in anywise helpful to those
who stand in need of help and encouragement, we render unto Thee all the praise,
and we ask that those who honor us, may honor us as the instruments of God for
the promotion of the truth. Heavenly Father, help us to understand that the
events which seem to our feeble minds to occur by chance, or in obedience to the
will of man, are foreordained of God. Grant that the veil may be removed, so that
there may shine in upon our darkened perception some apprehension of the gran-
deur of the purposes which are conceived in the councils of eternity, the marvel-
6 Livingston County Historical Society.
lous adaptation of human events to the consummation of the Divine plan which
is the redemption of men from the bondage of sin ; Thy will, oh God. perfected in
human acts, is the foundation of all history, and to-day we recognize Thy wisdom,
and praise Thee for Thy goodness. We entreat Thee, oh God, to prepare us in body
and soul and mind, for the duties of another year. The past we cJinnot recall ; its
failures and its successes, its lack of true zeal, and its earnest labor; its shame and
its honor; its enthrallment to sin, and its glorious freedom of thought and action,
these have escaped beyond our grasp, but we thank Thee for the blessed opportu-
nities for benefitting ourselves and our neighbors, which shall come to us this new
.year, if Thou shalt be pleased to spare our lives. May we have no less exalted aim
before us in life than to be Christ-like. God forbid that our aspirations should lift
us no higher than the attainment of worldly gains and honors; but may we seek
to attain the strength and beauty of a perfect manhood, even " the measure of the
stature of the fulness of Christ." And so may our names be recorded in the history
of this commonwealth as representatives of all that is true and honest and praise-
worthy. May the blessing of God rest upon the members of this association, in
their corporate existence and as individuals. Bless the families here represented,
and may our livt-s be so ordered, both at home and abroad, that we shall not bring
dishonor upon this society during the year upon which we have now entered.
Guide us in all our deliberations, oh Thou All-wise Ruler of Men and Nations. May
this occasion, in its social, intellectual and religious aspects, bring great joy to our
hearts, and may the peace of God which passeth all understanding keep our hearts
and minds in the knowledge and the loveol the truth, to the end that we may have
the blessing and God the honor and glory throughout eternity. Amen.
Then Mr. Killip's boy choir gave as a song and chorus, •' There's a Land that is
Fairer than Day," eliciting the most hearty applause. The president then intro-
duced L. B. Proctor, Esq., of Dansville, who had been chosen to deliver the annual
address. This address is given elsewhere. It bears the impress of much thought
and labor, and abounds in humor, wit and pathos. At its close the audience en-
thusiastically applauded, and the following resolution offered by Dr. Ames was
unanimously adopted:
Resolved, That the thanks of this Society be given to Mr. L. B. Proctor for his
very able, instructive, eloquent and entertaining address, and that a copy of the
same be requested for publication.
Mr. Killip's quintette sang "The Two Chaffers," to the great clelight of the
audience. Capt. S. Adams Lee was then felicitously introduced by the President,
and gave a spirited account of the naval battle of Hampton Roads in which the
Merrimac was engaged, and where the speaker, an officer in the Federal navy, left
one of his limbs. At the close of the address, the following resolution offered by
Hon. William M. White, was adopted amid applause :
Resolved, That the thanks of the audience be and are hereby tendered to
Capt. S. Adams Lee for his thrilling and able address on the Battle of Hampton
Roads.
The following preamble and resolutions offered by Dr. F. M. Perine were
adopted :
Whereas. It his come to our knowledge that our worthy and venerable Presi-
dent, Dr. D. H. Bissell, has had the misfortune to break his leg, and is now lying in
Washington suffering from the same; be it
Resolved, that we have heard with deep regret of the same and express our
sympathy for him in this personal misfortune, that we greatly regret bis absence
from our meeting and wish him a speedy recovery and a Happy New Year.
Resolved, That the Secretary be directed to place this resolution upon tlie
minutes and send a copy of the same to Dr. Bissell.
The quintette then sang with spirit and enthusiasm, "The Flag of Our Union,'
receiving therefor great applause.
Mr. White offered the following resolution, which was adopted :
Resolved, Tliat we tender our hearty thanks to Mr. W. W. Killip and his
able corps for the delightful music with which we have been favored on this occa-
sion, and take pleasure in acknowledging our indebtedness once more to them for
their valuable services in rendering our annual gatherings so additionally at-
tractive.
President Mills presented to the Society a copy of The Genealogy of John
Ewell, and offered the following resolution, which w^ adopted :
Resolved, That the thanks of this Society be presented to E. H. Ewell, author
of The Genealogy of John Ewell, and by said author presented to the Livingston
County Historical Society, and that the Secretary be requested to enter this reso-
lution on the record journal of the Society, and transmit a copy of the same to the
author at Alden, Erie County, N. Y.
The meeting closed with prayer and benediction by Rev. George K, Ward, and
thus ended one of the most successful meetings of the Society.
THE ANNUAL ADDRESS:
The Judges and Lawyers of Livingston County and their Relation to
the History of Western New York.
In the year 1821 the counties of Livingston and Monroe were formed from parts
of Ontario and Genesee. The same year Erie county was formed from territory
taken from Genesee. Immediately after their formation the bars of the new coun-
ties were organized. The conspicuous part that the members of these bars have taken
in all that pertains to the development of the resources of that beautiful region of
country, possessing all the elements of a great and powerful State in itself.
Western New York, has passed into history, the repetition of which here would be
but the work of supererogation. Suffice it to say, that this influence lias extended
to every department of its civil, religious, educational, political, agricultural,
judicial and legal departments. These bars have been represented in the halls
of legislation. State and National, leaving upon their records indubitable evidence
of commanding abilities. They have been represented in the executive chairs of
the State, of the Republic itself,— in foreign embassies, in cabinets, among diplo-
mats, on the highest bench of the highest courts of our great nation, where s<hol-
ars have most congregated, and in the fields where literature and science radiated
their beauties.
It is with pride and pleasure that I turn to the bar of Livingston county. Its
old roll has become a classic thing. As we gaze upon it, memories of the pastcome
throbbing to our hearts. It brings before us the learned, the genial, the courteous.
The powerful adversary, whose steel was worthy the sturdy foeman, whose gener-
osity and manliness were as bright as the steel they wielded. But alas! the names
of most of them have been transformed from the roll to the cold marble thatstands
over their sleeping dust. Faint and more faint grows the history of their strug-
gles, their triumphs, their influence and their noble deeds. It is the duty of our
Society to preservetheir memory in its archives. To aid in that duty I stand here
to-day. The fame of the lawyer and the judge, no matter how bright in its day,
is almost as fugitive as the leaves of the Sybil. The first makes a legal argument
before the Court in which learning and genius are blended— over the preparation
of which he has spent weary days and nightly vigils. When the case is reported
the only notice he receives is. Smith for the plaintifl'and Jones for the defendant,
while the results of all his labors are incorp6raled in the opinion of the Judge who
decides the case.
What of the Judges themselves ? Many of their exquisite judgments, bearing
the impress of elaborate study, and which for power of thought, beauty of illustra-
tion and elegant demonstration are justly numbered among the highest eflTorts of
the human mind, find no admiration in literary or scientific circles, or among the
people, and no where except in the ranks of the few lawyers who thoroughly read
and digest them.
A distinguished divine has spoken eloquently and truthfully of the connection
between the pulpit and the bar, which, he says, sliould be readily acknowledged.
As the high minded jurist keeps before the minds of men the great idea of law— a
binding moral force, which the very word religion in its etymology suggests, so
such men help preserve the true stability of society in which Christian institutions
have their best growth.
Our business to-Uay is with the history of the bar of Livingston county— that
county which takes its name from one of the most illustrious jurists of the State—
a symbolic name, for slie is Indeed ihe Living stone among her sister counties,
smote by the hardy pioneer, out ■ f which for over fifty years living waters have
flowed, irrigating every avenue of industry and enterprise, every department of
religion, of education and of agriculture.
MILLARD FILLMORE.
To begin with these, let me refer briefly to one name who. though not a member
of our bar, yet whose history was in a measure connected with our county. Fifty
years ago there stood in the western woods of the valley of the Canaseraga. a few
miles below Dansville, a small wool carding and cloth dressing shop. At this time,
within this humble building, there was engaged a young man, not yet quite of age,
who had traveled on foot from his father's home in Cayuga county, a distance of
seventy-five miles, to this then secluded valley, for the purpose of learning the
business conducted in that shop. Here he engaged in arduous daily labor. Here
he ate his daily bread, earned by the sweat of his brow. He had nothing to rely
8 Livingston County Historical Society.
upon save his own brave heart and strong arm, and those beneficent institutions
which foster and protect the rich and the poor. In this obscurity he exhibited that
indomitable and untiring energy wliich so strongly marked his subsequent career.
He fe t, too, the Promethean flame, and took an appeal to the future for the con-
summation of those hopes, and the realization of that ambition, which stimulated
all his energies. He was assiduous in his efforts to acquire knowledge; indeed, his
thirst for it was intense. His friendless condition, his sharp necessities, his con-
stant struggle with poverty, his unyielding determination to rise above the condi-
tion in which he was born, all tended to develop in him a sturdy independence of
thought and action, giving him in this respect a great endowment, better than
wealth— ability to labor. Well it has been said that resolution to work and ability
to work are substitutes for everytiiing except genius, and that they often become
the rival of genius itself. Time went on ; the magnificent future of the great Re-
public was being developed, and .so was the career of the humble youth. In his
hours of rest from his daily labor— in the silence of the night, by the light of a can-
dle purchased with his scanty means— he uiintlled the ample page of knowledge
and of science. Books were almost the foundation of his life; he had no pleasure,
no amusement but in them. Through them he visited past ages; with them he
summoned around him philosophers, sages, poets, heroes, brave warriors, inhaling
intellectual vigor from statesmen, orators, jurists and legislators of the past, until,
like Michael Angelo, in whose hands marble was flexible, he turned hard fortune
into success. Reentered with zeal aud success that noblest and grandest profes-
sion, the teacher's; he became a student at law, and then a lawyer, then a legislator,
and minister of state. "Allied by his antecedents to the sons of toil, he never failed
to recognize their rights and was ever ready to defend their wrongs. He was of
the people and for the people, and therefore they loved to honor him. This they
did in no scanty measure. Bearing their standard, he was elevated by them from
one post of honor to another, always large-hearied, and imbued with adeep human
sympathy, born with his early adversity." He became " i*»-init/s tn^r Pajr*" the
Chiet Magistrateof our great Republic. This was Millard Fillmore Young man,
whoever you are, learn from his history that the institutions which made him
what he was will make you what you endeavor to make yourself. But to return
to the history of the Livingston county oar.
MARK H. SIBLEY.
Mark H. Sibley was one of the first lawyers whj) signed the roll of attorneys in
Livingston county. His is truly a historic name ; for years he was one of the chief
contestants at the Livingston bar, and Monroe bar, when Selah Mathews and
other distinguished lawyers were in the zenith of their profession. "The severe
and intellectual structure of Mathews, was lar removed from the Attic elegance of
Sibley." Asa lawyer the former was remarkable for the clearness and closeness
of his reasoningand the unadorned simplicity of his style and manner, earnest, calm
and deliberate. He never soared into regions too elevated for ordinary comprehen-
sion, never sank into dullness. His arguments were sol id, massive, effective, dry but
beautiful in their structure and in their good sense. He was the Brougham of the
Western New York bar. Sibley's great strength lay iu his almost unequalled
eloquence, and in his bright piercing wit. The beautiful lines dedicated to Bushe
will apply, in a happy manner, to him :
"Sedate at first, at length his passion warms.
And every word and every gesture charms.''
Mr.Sibley's language wasalways pure, alwayselegant; "the best words dropped
easily from his lips into the best places with fluency and ease; but the faculty in
which few surpassed him, was his wit, a wit so genial that it relieved the weary,
calmed the resentful and animated the drowsy ; it drew smiles from such as were
the objects of it, it scattered flowers over a deseri, and gave spirit and vivacity to
the dullest and least Interesting case. Not that his accomplisliments as a lawyer
consisted of eloquent language and volubility of speech or the liveliness of raillery.
He was endued with an Intellect sedate, yet penetrating, clear, profound, subtle,
yet strong." Mr. Sibley was a resident of Canandaigua, but was identified with
and a member of our bar. His practice extended Into almost every county in
Western New York. He commenced his practice at the Ontario bar in 1819. John
C. Spencer, the most learned and able lawyer of his times, was then a lawyer of
Canandaigua. He was illustrious as reviser of the statutes of the state of New
York— those paudicts that through all innovations and popular agitations stand
unaltered and firm, like the pyramids, still lifting the same point upward amid
the sands and whirlwinds of the desert. With such an intellect as Spencer's Mark
H. Sibley measured himself at tlie beginning of his practice Few men possessed
so much calm self- po-sesslon under sudden and unexpected emergencies as Mr.
Sibley. As was said of James T. Brady, he could bridge a non-suit with surprising
facility and Ingenuity. He could withstand the frowns of the bench with singular
composure, and the satire of an opponent glanced harmlessly from his invulnera-
ble armor. Mr. Sibley represented his county In the Legislature of 1885 and In 18.St). In
1840 he was State Senator. From 1837 to 18i'J he was a Representative In Congress.
In all of these bodies he distinguished himself as an able and distinguished legis-
lator.
JOHN B. SKINNER.
John B. Skinner, as a forensic orator, had no equal at the bar, particularly in
cases where imagination and pathos could enter. He was also strong in cases
where severe logic and dry detail were used. His powers of Invective were strong,
and his sarcasm withering, though he frequently used his sarcasm In a manner
that resembled the grave severity with which a judge silences contempt, rather
than the attack or defense of an advocate. Mr. Skinner, in his practice, evinced
Annual Address by L. B. Proctor. 9
tbe power and eflTect of Integrity and candor. These qualities gavp such influence
with courts and .juries, that opposlni; counsel often complained that it was his in-
rtuence, not the justice of the cise, that rendered him so successful. t)n one occa-
sion the jury retired after listening to Skinner's summing up. During their delib-
eration, one of the jurors quoted his language. " That is not evidence, that is only
what Skinner said," was the reply of another juror. "I don't care if it Is, I be-
lieve every word of it, for nobody ever knew'him to lie," was the answer. "All
iHwyers lie, for the sake of their clients," was the rejoinder. " I know that, but
Mr Skinner don't, and I am going to take what he said for evidence," returned
the other juror. Mr. Skinner began his practice at Wyoming, in 1820, tlien in the
County of Genesee, now in Wyoming County. Here he continued to practice until
18.5% when he retireil from the bar and soon removed to Buttalo. where he died in
1873. Notwithstandintr his great fame as a lawyer, he never had any political am-
bition, never made a stump-speech. The only ofHces he ever held were entirely
unsought by him— thev were tendered to tiirh by the united voice of the people,
almost without distinction of party. In 1S27 and 1828, he represented Genesee
County in the assembly. In the month of May, 1846. he was appointed tirst .Judge
of Wyoming County Common Pleas, by G.>vernor Young. Under the provisions
of the constitution of that year, the Court of Common Pleas was abolished and
.Judge Skinner, after holding his office one year retired to private life, leaving a
judicial record as brishtas was his professional fame. In February 1828, he was
"appointed by Martin VanBuren, then Governor of the state, a Circuit-Judge and
Vice-Chancellor of the eighth circuit, through the influpncf> of Hon Henry R. Sel-
den and others. When Judge Selden was advised ol Mr. Skinner's appointment,
fearing that his native niodesty and dislike of otficial nosiiion would prompt him
to decline the position, he madea journey from Kochester to Wyoming, for the pur-
pose of inducing Mr. Skinner to accept the office. " We started," said Judge Sel-
den, " in the afte-'noon of a cold winter's day, and reached Mr. Skinner's residence
about 3 o'clock the next morning. Calling up the newly-appointed Judge, we
stated to him the object of our visit. Mr. Skinner listened with attention, but sig-
nified to U-; what w^ greatly feared, his intention to decline the judgeship. We
renewed our entreaties, using all our persuasive powers to prevent him from so
dointr. But all the encouragement he would give us was : ' Well, I'll think of it.'
He did think of it," c >ntinued the Judge, "and in a day or two after our return to
Rochester we had the pleasure of seeing a letter from him in a newspaper declin-
ing the office we had taken so much pains to obtain for him.'' Mr. Skinner was
for many years a member of the Presbyterian church, yet he ever recognized a
sphere of Christian activity outside his own church, his own denomination; was
always the friend of the great cause of Christian benevolence, judged always by
himself as to their utility. He disliked all display of religious sensibility, yet
when its manifestations were genuine and appropriate, no heart more warml.y
responded to it than his own. Finally, without fear of contradiction, I can say
that John B. Skinner was a model character as a lawyer and a man. He proved
thisnotonly in life, but in his death, vindicating the saying of antiquity, "Call
no man fortunate until you see how he dies."
GEORGE HOSMER.
One of the most accomplished members of the Livingston bar was George
Hosmer. He was for many years its acknowledged leader and justly regarded as
one of the most eminent of his profession in Western New York. To liis many
shining and attractive qualities, I may justly add that he was a ready, ingenious,
and, at times, impressive speaker, possessing a strong, rich, clear and sonorous
voice. At the bar, and in social intercourse, he was polished, easy and familiar.
His person was slightly below the medium height, but well formed. If, however,
anything occurred to irritate him, he was irascible, hasty and harsh. He had
sarcasm at his command, ready for instant use when occasion required. In his
hands it was a keen, piercing, flHshing weapon, worn with ease, and subordinate
to judgment, discretion and a strong sense of right and justice. Meanness, treach-
ery, fraud and deceit, when touched by it, shrunk and withered into their natural
deformity, or fled before it like guilty things. Few men possessed a more thor-
ough practical knowledge of law than fitorge Hosmer. He seemed to be thor-
oughly imbued with the spirit of thot great lesial commentator who said, " Law is
the science which inculcates the difTerence between right and wrong, which ena-
bles us to assert the one and to prevent, punish or redress the other." He was
also a finished classical scholar, accomplished in the study of belles letircs. Through
his long career at the bar he relieved his professional labors by extensive literary
and scientific reading. He was a close student of England's great poets— the hon-
est manliness, keen wit and pleasing humor of Pope; the dignified and solemn
utterances of "Voung: that noblest monument of human genius, I'aradise Lost;
the intuitive sagacity, keen appreciation of life and vivid picture of the passions,
which appear on the paee« of Shakespeare; the freshness, vigor and beauty of
rural life which the powerful pen of Thompson describes. With works like these,
he refreshed his intellect— refined his views of life, keeping unquenched the enthu-
siasm that warmed the springtime of his life. George Hosmer was born at Farm-
ington. Conn., August .SOih, 1781. His father was Dr. Timothy Hosmer, a man of
fine education, rare talents, and a nicely balanced sense of honor. When Oliver
Phelps removed to Canandaigua Dr. Hosmer and his family accompanied him.
in the year 17'J8 Ontario county was formed, and Mr. I'helps was appointed
presiding Judge of its Court of Common Pleas. But as his extended duties as a
land-holder prevented his discharging the duties of a Judge, he resigned and Tim-
othy Hosmer was appointed in his place, and he presided at the first jury trial that
ever occurred in a court of record in Ontario county. Although Judge Hosmer
lo Livingston County Historical Society.
was not bred to Ihe bar, but a physician and surgeon by occupation, he was really
one of the ablest judicial officials- of his day, holdine the scales of justice with a
firm and steady hand. His great sagacity, his firmness, his plain, outspoken hon-
esty, his keen sense of justice and the straightforward manner in which head-
ministered it, rendered him very popular with the bar and the public. It was a
lavorite maxim of his that justice and common sense go hand in hand, that com-
mon sense is the foundation of law, that lawyers, with their quirks, quiddities and
sharp points are always trying to see how far apart they can get law and common
sense. " But for my part," he would say, " I mean to keep them together, not-
withstanding the lawyers." After tlnishing his flassical educatinn, George Hos-
mer entered the office of Hon. N. W. Howell of Canandaigua, a distinguished pio-
neer lawyer, whose life and professional career adorned the ba- for many yeans.
After his admission to tne bar young Hosmer practiced a short time at Canandai-
gua. His first case after his admission to tiie bar was tried at a term of the Onta-
rio Common Pleas, and his father. Judge Timothy Hosmer, presided. The old
Judge did not fuliy appreciate the new dignity liis son had a quired as a counsel-
lor at law, and fully sensible of his own dignity and importance, proposed to
assert them before the " boy," as he called his son. When the young lawyer was
arguing a question involving the admissibility of certain evidence that had been
objected to by opposing counsel, the Judge interrupted him, saying with some
severity : " George, you are wrong." " I think not. I believe I understand myself
and I wish you to look at the point in this light," and the young man proceeded
to explain the question in that light. "That won't do, George," said the Judge,
interrupting him, "you don't comprehend the question at all." '• I think that is
precisely the trouble with the Court," said George. "Sit down, sir!" thundered
the Judge. He was obeyed ; but true to the instincts of his profession, he was on
his feel again in a moment. "What do you mean, sir? do you think you can
trifle with this Court?" roared the Judge, who was now rapidly losing his temper,
" No, sir, I do not intend to trifle with this Court, but I am determined to try this
cause and make you understand tliat I am George Hosmer, Esq., Attorney and
Counsellor at Law, and that you are nothing but a Judge !" 1 he astonishment of
the Judge knew no bounds; for a moment he looked upon his son, incapable of
uttering a word, in fact he seemed utterly confounded. Penally he recovered Ipim-
self and said: "Go on, sir; you have two excellent qualities for a lawyer You
liave all the impudence of your forefathers, and brass enough to carry it out."
Alter this judicial skirmish the young lawyer proceeded with his case without in-
terruption. In tiie year i808 Mr. Hosmer removed to Avon. N. Y., where he soon
took a leading position as a lawyer, his retainers extending into all the adjoining
counties. In the year 1821, when Livingston county was founded, he was appoint-
ed its first District Attorney, Moses Hayden was appointed for first Judge, James
Ganson County Clerk, Gideon T. Jinkins Sheriff, and James Rosbrough Surrogate.
Mr. Hosmer discharged the duties of his office until 1824, when he was succeeded
by that able, accomplished, learned lawyer and pure citizen, Orlando Hastings,
who was then in practice at Geneseo, and subsequently an eminent member of
the Monroe bar. Though a District Attorney occupies a place where he is against
the bar and the bar against him— a sort of official Ishmaelite— Mr. Hosmer was
peculiarly qualified lor the place he occupied. He brought to it much vigor of
mind and grasp of thought. He drew that most difficult and technical document
known to law— an indictment— with surprising strength and correctness. Often
his case would be apparently sliatlered under ponderous blows of some able law-
yer for the defense, but he would gather it up, condense and correct it, and proceed
in most cases with success. One day when Hosmer had made a powerful and
eloquent address to the jury in a criminal case of great importance, he was accost-
ed while on his way to the hotel by a farmer living in the town of York, who said,
" Mr. Hosmer, I would like to speak a word with you." " Proceetl,' was the reply.
" I have a boy, 'Squire, whom I want you to take and make a lawyer of." How
old is he?" asked Hosmer. " About eighteen, stout and rujiged ; he's got a pair of
lungs like a blacksmith's bellows and he can talk forever," said the man, " That
is very well as far as it goes. Has he any other qualsfication ? " asked the lawyer,
"Yes, sir, I guess he has got the greatest qualification in the world for a lip-top
lawyer," was tiie reply. " What is that?" asked Hosmer. " Why, heavens and
earth ! he's the confoundedest liar in the who'e town of York. Nobody pretends to
believe what he says. Now if that ain't a big qualification for a lawyer I am no
judge. I thought when I heard you in the courthouse just now that it wouldn't
take my son a great while to come up to you, Mr. Hosmer." Hosmer assured the
man that his qualifications might soon bring him to the bar in a way that might
not be so pleasing to him, and passed on. The political arena never had any at-
tractions for Ml. Hosmer, but in the autumn of 1823 he was elected Member of
Assembly from Livingston county. He entered upon his legislative duties Janu-
ary 0th, 182-1. He was honored with the position of Chairman ot the Judiciary
Committee— a position which he adorned by his rare qualifications. His legislat-
ive career terminated with the close of the year 1824. In May, 1824, Orlando Has-
tings relinquished his duties as District Attorney, and Mr. Hosmer was immedi-
ately re-appointed in his pl«ce. He discharged the duties of the office twelve suc-
cessive years—down to January 20th, 1886, when he was succeeded by George Has-
tings. When, in 1826, William Morgan was abducted, and was alleged murdered
by the Masons for his dastardly revelation of the secrets of the order, the courts in
"Western New York were, for several years, burdened with prosecutions brousht
against his alleged murderers. In this exciting field of litigation— a field that
summoned to it the ablest lawyers in the state— the legal abilities and forensic
eloquence of George Hosmer shone out with peculiar splendor. He continued to
practice at the bar actively until old age fell upon him. Always honored, always
held in high esteem by the bench and the bar, and when finally he left that arena
where he had so long and successfully— may I not say brilliantly contended ?— he
Annual Address by L. B, Proctor. 1 1
was regrtrded as a legal gladiator, resting beneatli his panoply. Mr. HoRiner died
in the 80ih year of his age, March, 1861, at Chicago, while on a visit to his daugh-
ter. Mrs. Wells, of that city.
DUDLEY MARVIN.
Few noembers of the Livingston bar, or the bar ol Western New York have
won a more vivid remembrance than Dudley Marvin. Like Mr. Sibley Marvin
was a member of the Ontario county bar, bui when the Livingston bar was formed
he signed its roll and became one of its members. He was in every sense of the
word a jury lawyer, possessing, in a surprising degree, the power to sway the
emotions, not only of ihe jury but the popular assembly ; he was also one of the
wits of the bar. As was said of Canning, " He gained more triumphs and incurred
more enmity by the use of his wit than any other manner at the bar. ' He was
generally dignified and courteous, though, when ruttled or displeased he was un-
civil, coarse and rough. His extreme subtlety of oliservation, and knowledge of
human nature, rendered him powerful and searching in the examination of wit-
nesses. He was often an opponent of John C. Spencer at the bar. The latter, it is
known, was stern, severe and sometimes cynical in his bearing toward his oppo-
nents— too dignified and impressive to indulge in any humor or pleasantry. In
many things he was more than a match for Marvin. But he always dreaded the
bright, piercing satire of the latter— a weapon which he never failed to use when
Spencer, as he often did, impaled him on some sharp legal spike. On one occa-
sion, during a tierce legal contest, in which Spencer was last gaining the advan-
tage, Marvin asserted a proposition wtiich he said could not be doubted. " I
doubt it." said Spencer, with an expressive shake of the head, " 1 doubt it, sir."
'• It can not be possible," said Marvin. " I doubt it, I say, did you not understand
me, sir?" "Yes, sir, I understand you to say you doubt my law," said Marvin.
" I said so, sir," answered Spencer sharply. " Well, then, your fate is inevitable.
it is sealed," said Marvin. " What do you mean, sir?" asked Spencer in some sur-
j)rise. " Why, those who doubt shall be damned," was the quiet reply. The deep
flush that mounted the cheek of Spencer told that the shaft bad taken effect.
Marvin was one of those lawyers who had little faith in trials by juries. In vindi-
cation of ills views he was in the habit ol relating instances of the want of sagacity
and penetration in jurors, one of which was the following: "I once" said he.
"undertook the defense of a physician charged with assault and battery upon a
woman in tranc-; who went sailing around the exhibition room stnging, in a
slumber from which no one could nwaken her. The Doctor thought he could do
it, and quicltly applied some Cayenne pepper to her nostrils. She awoke, and wan
Wide awake, -Aud l)eing a very si.rong and powerful woman, she proceeded to give
the good Doctor a tremendous thrashing, and then brought an action against him
for burning her with pepper. Tlie jury retired and were out the greater part of
the night. They all agreed upon a verdict of six cents for the plaintiflt". except one
man. He would neither agree, nor give any reason why he wt)uld not agree. At
last one of the jurors asked him to tell him confidentially why he relused to join
in the verdict. 'I Tjvill tell you.' said he. 'Did you see that Doctor all through
the trial have in his hand a gold headed cane, witli which he was knocking his
chair?' ' 1 did,' said his fellow juror. ' Now,' said the obstinate one, 'I will never
give a verdict for a man who comes into court, especially a Doctor, with a gold
headed cane, more especially if he keeps knocking it against his chair, as that
Doctor did, and I'll give a large verdict against him.' ' Well,' said the other juror.
' that is my sentimenir, exactly; but suppose, instead of the cane's having a gold
head, it should turn out to be only brass, what would you say then?' 'Oh, 1
would agree upon a verdict of six cents, at once.' ' Well,' said the other juror, ' I
am a brass founder, and did not like the ostentatious display of the gold headed
cane, and meant to beat him on that account, but, during the trial, I had a chanc e
to examine the cane, and its head is brass and no mistake ' It is needless to add."
said Marvin, " that the intelligent iuiy immediately agreed upon a verdict in the
Doctor's favor." Mr. Marvin was a representative in Congress in 1824, 25, 27. 29, 47
and 49. He closed his professional career in the city of New York. He died in
.June, 1856.
JARED WILSON.
Jared Wilson was another eminent member of the bar. He was a lawyer in
the severest acceptation of/the term, making no pretension to eloquence, yet in
the true sense of the worciK truly eloquent, for he was convincing. He was per-
haps the ablest legal debater at the bar of Western New York. He possessed that
knowledge of law, that Hcquaintance with precedent, and all rules of evidence-
that ready use of all his faculties that enabled him to meet every question where
he found it, to grai-pie with an antagonist at a moment's warning and to avail
himself of every advantage which springs (rom a perfect command of all his pow-
ers and resources. Vlr. Wilson was also a resident of Canandaigua, and was in full
practice when the Livingston bar was organized, and was one of the earliest sign-
ers of its roll. Hon. E. G. Laphain, our distinguished and honored Member of
Congress, now standing at the head of the bar of Western New York, completed
his legal education in the office of Mr. Wilson.
JOHN BALDWIN.
,Iohn Baldwin, distinguished throughout the state for his wit and humor, as
well as legal ability, began his practice at Moscow, Livingston county, in the year
1823. He was an accunplished lawyer, but his accomplishments were often lost
in the buffoon. And yet, if his wit sr)inetimes descended to coarseness, if it was at
times a tarnished weapon, the public excused him for his coarseness— even his
1 2 Livingston County Historical Society.
vulgarity was like the otTal and rubbish that sometimes surround the classic col-
umn, which rises above all in grandeur and beauty. His eccentricities increased
with the lapse of time, until his tine mind, like a tangled chain, with polished
links, glittered in brilliant confusion. With all his faults, Mr. Baldwin's wit and
humor was marked with so much good nature, that it was always admirable. He
fully exemplified the description of wit and humor given by an elegant writer:
" Wit laughs at thiniis; humor laughs with them; wit lashes external appearances
or cunningly exaggerates single foibles; humor glides into the heart of its object,
looks lovingl.v on the Infirmities it detects, and it represents the whole man; wit
is abrupt, darting, scornful, and tosses its analogies into your face; humor is more
siow anil sly. Insinuating its fun into the heart.'" There were occasions when
Baldwin's wit and humor would keep the court room in a roar of laughter, which
the judges themselves could not refrain from joining. He could as-uine a solemn,
impressive manner, when the soectators were convulsed with 'aughter at some
sally of his wit, but such laughter seemed to intensify the gravity of his counte-
nance; he would, perhaps, at such times, be the only one in the court room who
wore a serious face. Judge Robert Monell, whose long and distinguished judicial
career has given him a memorable place In legal histor.v, once said, " Baldwin, in
the trial of a certain class of cases, will provoke more laughter than the best come-
dian I ever saw on the stage. He is both a genteel and low legal comedian; a
Chesterfield and a boor. He can be eloquent, logical and convincing, and then he
can carry his point by wit, sarcasm, and, if need lie, by swaggering abuse. He
carries all kinds of intellectual weapons, from a cudgel to the finest and most pol-
ished rapier, the Damascus blaaed poniard, and the scimeter of Saladin." Bald-
win's attendance upon a circuit court was always regarded as an event of great
interest to all classes. The anecdotes related of him are almost endless, and will
never be forgotten. He was several years a resident of Dansville. In the year 1845
he removed to Hornellsville and became a partner of the late Judge Hawley. For
some reason he never liked Hornellsville, never ceased, if occasion required, to
give it a sarcastic hit. It is related of him that on one occasion he was at break-
fast at a hotel In Elmira, where he was attending court. A lawyer at the table
said, "Mr. Baldwin, how are matters at Hornellsville, now?" "Oh, about as
usual, some improvement, I guess," was the reply. " I learn," said the gentleman,
" that the village is improving in every respect, is it so?" " Oh, yes, it is improv-
ing very rapidly, very, very ; it h is improved so much that it has got to be almost
as good as hell, which is only sixteen feet below it.'" Baldwin's singular and
amusing escape from arrest for contempt upon an Aliegany justice of the peace,
before whom he was trying a cause, exhibits one phase of his character. The jus-
tice had decided to commit him to jail at Angelica, and proceeded to draw the
mittimus or warrant. The otTending lawyer watched him with the most intense
interest, until the dreaded instrument was completed, when he suddenly seized a
large inkstand standing on the table, full of ink. and turned it on the paper, oblit-
erating every letter upon it. "There," said Baldwin, " give that to the Constable
and see if he'll know what to do with it." It was nearly night, and Baldwin,
mounting his horse, rode away. But the animal was slow, somewhat lame, and
the count.v line was ten miles distant. The lawyer made the best speed he could
to reach this goal of safety. But when he was within a mile of it he heard the
Constable with the mittimus, riding rapidly toward him. Escape was now im-
possible, and visions of dungeons and grated doors turning on their rusty hinges-
floated before him. He was not the man, however, to yield easily to his fate. He
came to a sudden halt, wheeled his horse and faced his pursuer. The moon was
shining brightly, and both men had a fair view of each other. " What do you
want, sir?" roared Baldwin as the offlcer was nearing him. "Youmustgo to jail,
Mr. Baldwin, I have the papers to take you there," said the officer. "Never!
keep ofT, you villain, touch me and you die!" thundered Baldwin ; then thrust-
ing his hand into his pocket he suddenly drew one of those long, bright brass-cased
inkstands used in that day. The moonbeams fell upon It, giving it the appearance
of a very deadly looking pistol. As he drew it from his pocket, he gave it a quick
jerk, causing it to click like the cocking of a pistol. At the sight of this the officer
halted. "Stand oflf, I tell you, or I'll blow a hole through you in a second." " Oh,
Mr. Baldwin, don't pint your pistol this way, don't, your hand trembles and it
may go ofT and kill me," cried the officer in terror. " Go off? of course it will go
off. It was made to go off and kill such scoundrels as you are. following honest
men with your Allegany county warrants, that are not worth the paper they are
written on. Leave me, I sa.y, or by the heavens above us, you'll be a corpse in a
minute," said Baldwin. This was enough. The next instant the officer was gal-
loping homeward as fastas his horse could carry him, at first expecting to hear a
bullet from Baldwin's pistol whizzing after him. Baldwin rode safely home,
thinking as he used to say, "that inkstands were my especial protectors that
night." Mr. Baldwin died at Almond, N. Y., in 181-^, at an advanced age. When
.lohn Baldwin was in the zenith of his career, the star of two other distinguished
lawyers appeared in the legal horizon, and began ttieir ascendent course. One of
them was a member of our bar, the other often appeared there. One of them was
Martin Grover, the other Luther C. Peck.
MARTIN GROVER.
The name of the former never appeared on the roll of our bar, though he was
frequently a contestant there. Mr. Peck began his practice at the Allegany bar a
short time before Grover became a member of it. No two men ever differed more
widely than these really great lawyers. They appeared at the bar as rival gladia-
tors. They opposed each other in the political arena, one as the leader of the whig
party, the other was considered a dictator in the democratic party. Their opposi-
tion in both places was intensified by a hatred that knew no bounds. Both attain-
Annual Address by L. B. Proctor. 1 3
ed the highest political and legal honors, both were distinguished in the national
legislature. Grover won high honors as a, judicial officer on the bench of the Su-
preme Court and the Court of Appeals. Many of my audience have, doubtless,
seen that striking picture "Fashion and Famine," where the keen exemplifica-
tion of contrasts is so vividly given. Hut this picture is scarcely less startling than
the contrast between Martin Grover's attire and his almost majestic intellect.
The one was admirable, the other— what shall I say of It?— it was iiearly allied to
squalor. And yet as I have said on another occasion, he was intellect in its am-
plitude, eloquence almost in its perfection, talents in their atHuence, mind in its
triumphs. He was one of the most formidable opponents that ever stood at the
bar. You could do nothing with tiim,— make no calculations for him,— could
never tell in what mannnror where his blows would fa'l, or where his point of
attack would be. As a .Judge his character rested " on a granite b<ise." An inflex-
ible independence kept guard over his intellect. He had .'trong partizan feeling,
and hitter p4)litical prejudices. But. in the dis(!harge of his Judicial du'ies, party,
politics and friends, were alike forgotten. His integrity was never called in ques-
tion in his public or private relations. And yet, his career as a trial or nisi prius
Judge was frequently criticised by counsel, who, to use his own language, when
they got beat, "would either appeal, or go down to the hotel and swear at the
Court." In his early years. Judge Grover was careless in his dress, as we have
already stated, but after his election to Congress, and his elevation to the bench
he dressed with scrupulous care and taste.
LUTHER G. PECK.
r.uther C. Peck to whom I have already referred, like Martin Grover was the
artificer of his own fortune nnd fame. The world upon which he first opened his
eyes was stern and bleak lo him, and no where in all his Jour ey through it did
any green and beautiful thing gladden his sight which hlsown handsdid not plant,
his own industry water, and his energy sustain. The flowers that bloomed In his
pathway, and there were many, were no exotics, they were natives of his own soil,
beautiful in the sanctities of his own domestic home. "Regained success from the
very Jaws of adversity, and he was fitted for the work of his life Just as the right
arm of the arlizHU grows strong through the very blows it strikes." Mr. Peck pos-
sessed many scholarly attainments. In his early years he was a student at the
Wyoming academy, obtaining means to defray his expenses by teaching and
during his whole life he submitted to the most laborious private study. In his
youth, with but little to make life genial, he drew genius from its citadels in books
and libraries, and made it his playmate and companion. In this way he acquired
a keen appreciation of literary beauty and finish, a command of language, the mas-
ter of style so terse and vigorous that, like Swift, " he could put upon our English
tongue its keenest edge." "The principles of things," says Dr. South, "lie in a very
small compass if the mind can be so fortunate as toonce light upon them." It was
the felicity of Mr. Peck's mind that he lighted with such ease upon the principle of
things, that he applied them so readily and that he conveyed them so forcibly to
the minds of others. In person Mr. Peck was tall and commanding. Redressed
with a taste that exhibited the true gentleman. There was a severity in his man-
ner that repelled strangers and gave terrible force to his irony and invective.
Among his faults was his uncompromising prejudice and the bitterness with which
he exercised it. But it was relieved by an honesty almost crystalline in Its nature
and practice. He was no politician. He hated political thimble riggers, as hecalled
the managers of caucuses and conventions, with an unmitigated hatred, and he
had reason for his hatred. In the fall of 18.5.5, at a Judicial convention held at Can-
andaigua, he was fairly nominated as a candidate for a Judge of the Supreme Court,
but through some adroit raovementof Benjamin F. Rarwood,a8 he alleged, he was
manipulated out of the nomination, and a nomination wa.s then equivalent to an
election. Mr. Peck represented the Thirtieth Congressional district, consistimr of
Allegany and Livinaston counties, in the 2.5th and 26th Congress, with marked
ability. His Congressional career extended from 1837 to 1811. This was the only
official position he ever held. As a lawyer Mr. Peck was always at his post, always
prepared. As a speaker at the bar he was animated, argumentative, often impres-
sive. Force and strength were striking attributes In his character. He knew noth-
ing of the legal skirmish, nothing of the plans and plotsby which one lawyeroften
entraps another. Re moved right on in his course with resistless force. Irony, bit-
ter and galling, was always ready at his command, and his sarcasm rendered him
a dreaded opponent. He sometimes assumed the duties of a public prosecutor in
great criminal cases. In this sphere he was often terrible ; so terrible that on one
occasion, the trial of Ewalt, one of the jury afterwards remarked: "If I am ever
tried for a crime I should dread Luther C. Peck's denunciations, if he should be
against me, more than a conviction." Hisself-confidence. admirable enough when
he was right, was no less unmistakable and glittering when he was wrong.
ORLANDO HASTINGS.
This distinguished lawyer, pure citizen and Christian gentleman was for over
thirty years regarded as the Nestor of the bar. His assured position and high
standing during that time was woven into the very framework of the legal organ-
ization of Monroe and Livingston counties. He gained this in the face of sharp
rivalries, by hard mental labor and by superior talent. The .secret of his success
lay in his clear intellecctual perception of truth, aided, guided perhaps I should
say, by an equally cl^ar moral perception of truth. It resided in a great measure
in the facility with which hecouldapply principles to facts as they presented them-
selves. It resided in his power of conveying to the minds of others the precise idea
that lay in his own mind. If eloquence is the power of transmitting our own
14 Livingston County Historical Society.
thoughts to others, if It is the power to bring conviction in the minds of others,
then Orlando Hastings was indeed an eloquent man. There was ni'thing ornate
in his arguments. There was a certain lack of style in them, which was more vig-
orous than style. They partook of the character of their author, characterized by
modesty and simplicity, and presided over by an unconquerable honesty. He was
born in Oneida county in 1793, in that decade in which Lord Mansfield died. One-
third of his career ran parallel with that of Chief Justice Marshall; fully one-half
of it with that of the illustrious Kent, the whole of it with that of Chief Justice
Oakley. In the long period of time he was at the bar, numerous great jurists passed
over the law desk, while many superior luminaries did not culminate until merid-
ian age had matured his powers, which were radiating the light of his learning
upon our system of jurisprudence. In 1821, when Livingston county was formed,
he was a resident of Geneseo. In .lanuary, 1824. he succeeded George Hosmer as
district Attorney of this County. He served until May following, when, becoming
disgusted with criminal law practice, he resigned, and Mr. Hosmer was reappoint-
ed. He subsequently removed ti> Rochester, and took a commanding poi^ition at
the Monroe bar— a bar that stands unequaled in the history of the Slate for its dis-
tinguished advocates and jurists. As has well been said by another, "the Monroe
bar has been the nursery of judicial talent and learning."
CALVIN H. BRYAN.
Calvin H. Bryan was a lawyer whose life and career adorned our bar. For a
truth it may be said there cannot be found upon it one unseemly action or trans-
action, though it embraces a period of many years. He made no pretension to
brilliani. talents, to any oratorical powers; but he was a faithful, safe counsellor,
and a firm champion of of the counsel he gave, and he was held in high esteem by
the people of Livingston county. Mr. Bryan was one of t lose whose life reminds
us of the saying of an elegant ethical writer, that thereat post of honor Is In private
life, that official glamour obscures the man, but the duties and trials f)f private,
every-day life presents him in his true character. Bryan never aspired to official
position. If he occupied places of honor and trust, as iie often did. the office sought
him, not he the office. He was a native of Dutchess county, N. Y., where he was
born in 1787. He studied law in the office of Knickerbacker & Davis of Hoosick,
N. Y. His call to the bar to )k place in 1815. An elegant classical education gave
strength to his mind and vitality to his legal learning. He commenced his prac-
tice with Judge William G. Angel in the county of Otsego. In the sprint of 1822 he
married Miss Nancy Angel, a sister of Hon. B. F. Angel. He removed to Geneseo
soon after his marriage, where he continued to reside the remainder of his 11, e. In
the autumn of 1827 Mr. Bryan was elected Member of Assembly from Livingston
county. He entered upon ilie duties of his office January 1st, 1878. The celebrated
Firastus Root, one of the most accomplished presiding officers that ever governed a
parliamentary body, whose career exhibits the most beautiful and striking display
of genius, and the most melancholy example of dissipation, was speaker oi tlie
House. The Legislature of 1828 was made memorable by the sudden death of the
Illustrious Clinton, then Governor of the State. Tnis melancholy event took place
February nth of that year. Between Mr. Bryan and DeWitt Clinton a lon^ and
intimate acquaintance existed. Mr. Bryan died at Geneseo in 1873. A life of un-
pretending usefulness, of a faithful discharge of the various duties, public and pri-
vate, embalms his memory. It is indeed a pleasing duty to commit the recollec-
tions of such a man to the keeping of our society.
SAMUEL H. FITZHUGH.
Samuel H. Filzhugh is another name without which much would be wanting
in the history of Livingston County. His career at our bar and on our bench is full
of interest. He was a scholar of fine attainments; a lawyer deeply and thoroughly
read in the learning ol his profession. His manly nature, his generous, high toned
impulses, anu ctiivalrous sense of honor rendered him what he really was-a gen-
tleman by intuition and association. There were, however, dissimilar features in
his character; an abruptness of manner that, to strangers, amounted to rough-
ness; and there were extremes in his disposition which were sometimes
difficult to reconcile. With him hypocrisy, smooth lipped deception, hon-
eyed teaching and fawning deceit, all kinds of dishonesty were ioatlisome.
Finally, at the bar, on the bench and in private life he was one of those
men who, like Mark Antony, spoke "right on." He was born in Washington
County. Maryland, in 1796. He graduated at Jetterson college, Pennsylvania. In
1817 he removed to Canandaigua, where he prepared for the bar in the office of N.
W. Howell, vvhom I have already mentioned. Fitziiugh's generosit.y was prover-
bial. It was unstudied and disinterested. But it frequently exhibited itself in a
questionable, even in a ludicrous manner. The following illustrates the opposite
phases wliich his generosity assumed. He once owned a valuable timber lot ad-
joining which was another owned by Judge Carroll. One day Fitzhugh received
notice that a man had been cutting timber from his lot, that he liad destroyed some
of his most valuable trees. Now stealing timi>er in those days from Judge Carroll
was almost a matter of course. Fitzhugh, however, was liiurhly indignant at the
larceny committed on his tiiijber, and he immediately caused the arrest of the
otfender, who in due time was brought to his office. "You scoundrel!" said he,
stroking back his long black hair and fixing his piercing black eyes upon the man,
" how dare you steal my timber? I'll send you where you won't see a tree again
for a year!" "I— I— did— didn't mean to cut your timber Judge, I didn't surely."
"Didn't mean to cut my timber! " roared the Judge,"what the devil did you mean
to do? You have cut two hundred dollars worth, you rascal ! " "I— I— thought— I
thought—" "Well, sir, what did you think, you villain ?" said Fitzhugh, growing
Annual Address by L. B. Proctor. i 5
more and more wrathy. "I— I thought \\. was Judgp Carroll's timber I was cnttlng,"'
said the man bursting into tears, and trembling with terror. Kitzhugh wall^ed the
office floor a few moments without uttering a, word. Finally he halted in front of
the prisoner and taking a ten dollar bill from his pocket handed it to him saying,
"Here, take that, damn you, and the next time you cut timber that don't belong
to you, see that yougeton the right lot." He then ordered theraifti to be discharged,
pnying the costs of the proceedings himself .Judge Kitzhuuh in 1820 mairied a Miss
Addison, a daughter of Judge Addison, of Wlieeliiig, Virginia. He practiced his
profession at Wheeling until he removed to Mt. Morris, New Y(»rk, in 18;il. In the
yeir 18-10 he was appointed an Associate Judge of the Court of Common Pleas of
Livingston County. At this time Willard H. Smith of Caledonia was first .iudge,
.Tames Fauikner ot I ansville, and Daniel H. Bissell, now the honored President ot
this society, constituted the judiciary of our county. Judges Smith and Kitzhugh
long ago left the scenes of earth, but Judge Faulkner and Judge Bissell are still in
our midst honored representatives of the Common Pleas of Livingston County.
GEORGE HASTINGS.
It would be difficult to select from the honored dead of our bench and bar a
name more thoroughly associated with probity candor, unassuming dignity, and
useful learning, divorced from all pedantry, all att'ectation, than that of this truly
exemplary, upright judge and able lawyer. He possessed a strong native intellect,
cultivated by an excellent education, enlivened and enriched by a thorough, pa-
tient research. His legal education was founded on a practical familiarity with the
great rudimentary legal commentators, therefore law to him was, in its strictest
sense, a science as well as a rule of action. His mind and method were logical and
accurate, rather than brilliant— profound rather than ready. All his acquirements,
legal and classical, were poised on strong common sense and moved by an uncor-
ruptible honesty. At the outset of his life he chose for his employment the pur-
suit ot thearduous and toilsome practice of law. From the beginning of hiscareer
the dictates of conscience, of honor, and of duty, as a man, as a Christian, as a
member of the legal profession and of society, were his guiding principles. Mild-
ness and urbanity were also prominent features in his character ; tho?e who knew
him will never forget these traits. It they were pleasing in the lawyer and citizen,
may we not say they were beautiful in the judge. Judge Hastings was not an elo-
quent man. He always had his mind so practically bent upon the analysis and
management of his cases, and so regardful of his client's interest that he never at-
tempted anything like eloquence for the purpose of displaying himself in thecourt
room. Besides this his voice was not toned to the fine music of oratory. He was,
however, the advocate, faithful, indefatigable, who with untiring energy exhausted
every honorable means of gaining his cause. If Judge Hastings was not eloquent,
he could make a str.ng, even a powerful legal argument, and his briefs were mod-
els of learning. I have spoken of .Iudge Hastings's candor. In proof of what I have
said permit me to quote the language of Luther C. Peck, long his compeer at the
bar: "The character of George Hastings," said he, "for candor and honesty is worth
more to him than all the talentsof the Livingston bar put together. There isnoth-
ing more to be dreaded in the trial of a cause than that honest face of his. No mat-
ter what he says, the jury take it for law and gospel, and one might as well flght
the ten commandments with Tom Paine's Age of Reason ; or the Bible with the
Koran, as George Hastings with that truth telling face of his. I have seen John B,
Skinner keep a jury in tears through his whole powerful address when every one
in the court were ready to swear that lie would carry his case by sympathy, which
no man could arouse like him: and then I have seen Hastings put that biblical
look on his face and reply to his eloquent opponent in language so unassuming,
uttered so conscientiously, that before he closed his argument every juror in the
box believed that Skinner had lied from beginning to end, (and I think Skinner
believed it himself), and that he had only been boringfor water." The samemoral
qualities, the same mental acquirements that adorned his character as a lawyer,
deepened respect for him asa judge. He was born at Clinton, Oneidacounty, March
20th, 1807, Attheageof nineteen he was a graduate at Hamilton college. In Ihe
year 1829 he was called to the bar where he commenced his practice and where the
sun of his life went down. He represented his district, the 28th, consisting of Liv-
ingston and Steuben, in the .36th Congress. He was always flrmiy attached to the
Democratic party, always firmly but mildly advocated its principles, and notwith-
standing at the time of his nomination for Congress the Whig party were strongly
dominant, he was elected by a handsome majority, though his opponent was Hon.
William Irvine, then one of the most brilliant lawyers at the Steuben bar, and now
the leader of the bar in the state of California. It is due Mr. Irvine to say that at
the next Congressional election he was triumphantly elected, his opponent being
Hon. R. B. VanValkenburgh, now a Judge ol the Supreme Court of Florida. In
the autumn of 1855 Judge Hastings was elected County Judge of Livingston County.
His opponent was Hon. Scoit Lord, who had, by his learning and suavity, and ju-
dicial accomplishments adorned the bench for six years. The political contest that
resulted in the defeat of Judge Lord was closely contested and memorable. So
strongly was Judge Lord intrenched in the hearts of the people, that Hastings,
with all his elements of strength, was elected by a majority of less than one hun-
dred. A lew years ago Judge Lord removed from Geneseo to Utica, where he im-
mediately took a leading position as a lawer. So rapidly did he advance in popu-
larity that within three years after leaving Geneseo he was elected to Congress,
where he greatly distinguished himself as a parliamentary debater and tactician.
After he retired from Congress he removed to the city of New York where his legal
ability is recognized to an extent that places him among the leading lawyers of the
metropolis. But to return to Judge Hastings. He continued on the bench from
1855 to 1863, when he was succeeded by Hon. Solomon Hubbard. After retiring from
1 6 Liinngston County Historical Society.
the bench Judge Hastings returned to the practice of his profession. But he was
soon destined to leave it forever, for it began to be evident that death would soon
close his earthly career. But while disease weakened and wasted his body, it had no
power over his spirit. Patience and resignation characterized his last days. His
life finally terminated .\ugust 29th, 1866.
JOHN YOUNG.
It has been said that the grandeur of American democracy never exhibited
itself more perfectly than when it took the rude strength of Jackson, the soldierly
simplicity of Taylor, and, later, with awakened conscience, that great-hearted
child of nature, Abraham Lincoln, and sent them to the executive chair of the
nation, crowning their unclass c brows with the laurel-wreath of history. May I
not say that the people of the empire state never evinced their appreciation of our
beneficent institutions more strongly than when they made John Young their
governor— when, in this act, ihey said to the youth of the country, the rich and
the poor, the high and tne low, that the honors ot the great republic belong to all,
just as in the Olympic games, the prize was within the reach of all, where the
swifter in the race secured it. Many reflecting persons affect to believe that in a
country and age so enligiitened, so free, so self-governing as ours, we do not need
statesmen of lofty and surpassing genius to rule over us; that owing to the supe-
rior intelligence of the people we can dispense with great men better than most
nations. There may be a kind of greatness we can dispense with ; but It is certain
there is another kind we do require. We may not need now men of vast capacity,
like Webster; of profound systematic policy and fervid eloquence like Clay; of
commanding genius and thought, like Wright; of imperious, overbearing resolu-
tion, like Calhoun ; or inflexible determination, like Jackson. The day of such
men is past. They would And no fltting scope, no place on a stage where little
great, men have become prominent actors. This is a day when the unrecognized
are often far more influential than the recognized statesman. I do not insist that
Mr. Young belonged to this class of statesmen I have named, but I do claim
that he was endowed with special gifts ol legal and legislative ability, and that
peculiar organizing and arranging laculty that gave him a paramount and com-
manding position at the bar and in the politics of the state and nation. Cicero
has said that the eloquent speaker is a man who speaks in the forum and in the
public assembly in such a manner as to prove, to delight, and to persuade. In
this sense Mr. Young was an eloquent speakei-, and this is an adequate description
of his abilities. His career at the bar was brilliant. In his early practice he meas-
ured himself with many of the great legal lights of the bar I have named, and with
such men as George P. Barker of Bufl"alo, and James Mullelt of Chauiau(iua,— men
possessing all the requisites constituting powerful legal gladiators— whose elo-
quence may, without afTectation, be compared to the stone in the ring of Pyrrhus,
having the figure of AppoUo and the nine muses in its veins. In his contest with
such men Mr. Young, like Antpeus in the fable, wrestling with Hercules, was often
overthrown, but when he touched the earth, he sprang with renewed power to the
conflict Mr. Young was born in the state of Vermont June 12th, 18U2. With his
father, Thomas Young, he removed to Conesus at an early age. When old enough
he entered the common school of that town, where, in due time, he prepared him-
self for a teacher, in which occupation heattained considerable distinction. With
no other advantaiies than those derived from the common school, and intense sol-
itary study, he commenced the study of law, entering the legal profession as an
attorney of the supreme court In October, 1829. He rapidly rose in his profession,
reaching its front rank when he had been at the bar but a few years. In the fall
of 1836 Mr, Young was nominated and elected member of congress. In place of Hon.
Philo C. Fuller, who had resigned that ottice in the summer previous. In the year
18t0 he was again elected to congress, where he served, with acknowledged ability,
until March, 184:i. In the autumn of 1841 he was elected member of assembly from
Livingston county. He entered upon his duties in January, 1845, in that memora-
ble session of our state legislaiure wDich developed the splendid talents of Horatio
Seymour and prepared the way not only for his, but for Mr. Young's occupa-
tion, of the state's executive cnair. The whig party in the state had been pros-
trated by the sweeping democratic victory that elected Mr. Polk president. John
Young, as the confessed leader of the whigs in the legislature of 1815, adopted a
policy which gave his party ii victory as triumphant as its defeat had been depres-
sing. In the autumn of 1846 Young was nominated and elected governor of the
state over that illustrious statesman, Silas Wright. Though the measures of his
administration were not pleasing to Thurlow Weed and other leaders of the whig
party, as I have said on another occasion, and though it is not celebrated for any
striking policy— though it does not dazzle us by brilliant contrasts between its
good and bad policies, the impartial historian will accord to it as much ability as
has been accorded to most of his predecessors.
CHARLES H. CARROLL.
The history of the Livingston county bench could not be written without the
life of Charles H. Carroll. He became a member of our bar in 1821,— the first who
signed his name to its roll. Judge Moses Hayden was appointed first judge of the
county immediately after its formation. In January, 1823, he resigned, and Judge
Carroll succeeded him. Through the period of six years he presided on the bench,
with accurate discrimination, spotless integrity, undoubted learning and impar-
tiality. Few men ever gained and retained thf confidence of the bar and the pub-
lic to an extent Judge Carroll did. When, in 1829 he retired from the bench, law-
yers and laymen, all classes exclaimed, "Well done, good and faithful servant,
future honors are in store for thee." This prophecy was fully fulfilled. He was
i
Annual Address by L. B. Proctor. 17
honored with a seat in the stale senate in 1828. just before leaving the bench.
Here he became a member of that court which iias left an imperishable impress
on thejudicial history of the nation— the court for the correction of errors, then
the court of dernier resort in the state. He served in this body until March. 1828
when he resigned and retired to his seat in Groveland, N. Y. In 1845 he was again
called from his retirement by the voice of the people to become their representa-
tive in congress. He continued in that body until March. 1847. when he retired
lorever to private life. His congressional record, though not brilliant, was highlv
honorable and eminently useful to his constituents and i he state Itself. Though
Judge Carroll made no pretension to the qualities of a legislative orator and de-
bater, yet such were his executive abilities and his capacity lor the detail of legis-
lative business, that he could enforce any bill or measure he desired adopted by
arguments of much force and power. He had the rare faculty ot withdrawing
trom the outward and objective into the calm retreat of the reason, where he
would fabricate those arguments which always carried conviction with them.
Therefore he wielded an influence that few men of his unpretending nature could.
.Judge Carroll had an exquisitely sensitive nature, which vibrated to the slightest
touch, and his affections, especially his love of kindreu and friends, was as deep
and tender as a woman's. He wasattable, winning and dignified in his manner.
His scholarly attainments were polished with refined and cultivated society, and
he never assumed a patronizing or overbearing manner towards the humblest.
Few men have ever lived in the county of Livingston more thoroughly identified
with its progressive agricultural interests than Charles H. Carroll. A name illus-
trious in the annals of American history, allied to its grand declaration of free-
dom, which he honored in all relations of life, made him dear to her people, and
his memory among them will be perpetuated in the hearts of generations yet to
come.
REUBEN P. WISNER.
Reuben P. Wisner was in many respects a lawyer of admirable ability. He
was. like others whom we have mentioned, the artificer of his own fortunes. In
early life he evinced a strong love of learning, but the limited means of his parents
restricted his advantages to a few months attendance in the winter months at the
common sQhool. But liis ambition, industry and determination made him bis
own instructor, and every leisure moment was devoted to the culture of his mind.
In this way he made considerable progress in the languages, in rhetoric, logic and
history. " You would be astonished." said Daniel S. Dickinson, who acijuired his
education in this way, "did you know how much progress one can make in any
study by devoting a single hour in each day to it. In this way I ac<iuired my
classical education, while learning the trade of a wool-carder and cloth-dresser."
And in this way Mr. Wisner obtained a very excellent classical education. He
was born at Springport, Cayuga county, N. Y., January 4th, ISl.i. When old
enough he became a farm laborer, working by the month in summer, in winter
working at the business ot cabinet-making. At length a friend, who was the pro-
prietor of a hotel in Auburn, gave him the position of bar-tender and clerk. As it
was then the principal liotel in the village, lawyers from abroad, attending court
at Auburn became guests of this house. Here he made the acqqaintance of many
of the distinguished lawyers of central New Y'ork. and as the court house was op-
posite his place of business he often witnessed the trial of causes conducted by
William H. Seward. B. Davis No.\on. Mark H. .Sibley, John C. Spencer and other
great legal luminaries, with Esek Cowen presiding on the bench. In this way he
took his first lessons in legal lore. They were practical, real life illustrations of
the law, the working out of legal problems in that great crucible of justice— the
circuit court. There was something in these contests of the bar peculiarly attract-
ive to Wisner's bold and ardent mind, and it was his ambition to become a con-
testant in an arena so congenial to his taste. During his residence at Auburn he
secured t.he friendship oi Mr. Beward who invited him to enter his office as a stu-
dent of law. The offer was accepted with pleasure. As Wisner was an admirable
penman, Mr. Seward gave him a salary sulHcient to support him utitil his studies
were finished. After receiving his license to practice, he remained in Mr. Sew-
ard's office as an assistant two or three years, frequently appearing as junior
counsel in cases tried by that great man. In this way Reuben P. Wisner prepared
himself for the responsibilities of his profession. In 1S37 he settled at Mt. Morris,
forming a co-partnership with Judge Samuel H. Fitzhugh. The practice of this
admirable firm soon became lucrative and extensive. Mr. Wisner at once took a
high position at the Livingston bar, and at the bars of adjoining counties. In 1841
he represented Livingston county in the state legislature; his colleague was Au-
gustus Gibbs of Livonia. Peter B. Porter of Buffalo, distinguished in the history
of Western New York for his public spirit and energy in promoting internal im-
provement, was speaker of the house. In recognition of Mr. Wisner's merits Mr.
Porter gave him the second place on the judiciary committee. Mr. Seward was
then governor. Among other measures recommended in his annual message, was
the passage of a law reducing the fees of lawyers, although o law.ver himself. This
brought on a bitter contest between the lawyers and laymen in the legislature. A
bill in favor of the measure was introduced, and was referred to the house judicia-
ry committee. The chairman made an elaborate report in its favor, and Wisner
submitted an able minority report against it. But the bill passed both branches
of the legislature, became a law. and thereafter lawyers were compelled to work
lor half their former fees. But. as a member of the legislature remarked. "They
will manage to pick their geese close enough to make up what the governor's mes-
sage has taken away from them." Mr. Wisner declined a renomination. Through
i8 . Lhnngston County Historical Society.
the remainder of his life his ambitioa was confined to his profession. He died at
Mt. Morris in ttie autumn of 1872. Reuben P. Wisner possessed great energy, firm-
ness of purpose, ardent temperament and emotions that were frequently intense.
His strong forte was trying; causes before juries. In this sphere he was successful.
Asa speaker at the bar he was anirnatt^d, often impressively eloquent. Some-
times he became too vehement and excited, so that he lost iiis influence with the
jury. But this was not often. He was sanguine, always expecting to succeed, but
he took defeat as one of the vicissitudes of a lawyer's life. Another remarkable
feature in his character was the strength he seemed to gather in difficult cases.
The greater the doubt, the strontjer the opposition brought to bear against him by
distinguished counsel, the more extraordinary were the efTorts lie made to over-
throw his adversary. He seemed to excel himself when hard pressed by his oppo-
nents. His genial nature, social qualities and fund of anecdote, were among the
happiest traits of his character. HeliHsgone to his rest, but pleasant memories
are blended with his career at the bar, and as a citizen. An examination into his
professional life presents a useful example to future lawyers, while it exhibits the
result ot energy and self-reliance when applied to professional duties, and directed
to tlie task of overcoming difficulties.
ISAAC L. ENDRESS.
Isaac L. Endrpss became a member of the Livingston bar in the spring of 18*2.
He was born at Easton, Pa., Sept. Hth, 1810. He was a graduate of Dickinson col-
lege, Carlisle, Pa. He was the son of Rev. Christian Endress, an eminent Luther-
an clergyman, and an early friend of Nathaniel Rochester, the founder ot the city of
Rochester Mr. Endress designed his son for the ministry. But the bar presented
superior attractions, and young Endress determined to make the practice of law
his future occupation. In the autunin of 1828 he removed to Rochester. Here he
entered the office of Daniel D. Barnard, one of the most eminent lawyers and
scholars then at the Monroe county bar. Judge Endress completed his legal edu-
cation under the instruction of this accomplished gentleman, and was called to
the bar in October, 1831. After practicing a short time at Rochester he removed to
Dansville and became a member of our bar. This was in the fall of 1831. He was
an excellent classical scholar, a man of refined taste, polished by an intimate ac-
(luaintance with the best authors, ancient and modern. His mind was one of
uncommon strength and versatility. He wrote with elegance and vigor. His
reasoning pviwers were of a high order, and he was capable of the most pungent
and scathing satire if occasion required. With these attributes he possessed a
discriminating judgment and a refined, polished elocution. As a conversational-
ist he had few equals, and he shone with great brilliancy in polished and cultivat-
ed circles. Judge Endress was profoundly acquainted with law as a science— a
science that he believed opened to him a vast field of intellectual research. He
regarded it not only as a ru,le of action, but a system of ethical and inductive phi-
losophy, by which the intellect is alike invigorated and enlarged. He felt that
the administration of justice presents the noblest field for the exercise of human
capacity. It forms, as has been well said, the ligament which binds society to-
gether. Upon its broad. foundation is erected the edifice of liberty. It is the high
calling of the lawyer to aid in perpetuating this structure. Through his whole
professional life Judge Endress evinced his thorough early legal education. It
gave him what is called a legal mind. He was too retiring and sensitive for the
harsh contest of jury trials, but was admirably qualified for tlie argument of cases
before the court in banc, where purely legal questions are settled. But as he was
not stimulated with that great motor of the lawyers, professional ambition, he
did not enter very ardently into the practice before any court. He was for sixteen
years the law partner of that able and efficient lawyer, John A. VanDerlip. whose
duty it was in conducting the business of the firm to tr.v its causes before the jury,
and often the argument of cases in its courts of appellate jurisdiction. In the
preparation of a case for trial .Judge Endress had no superior. His examination
of the law was thorough and untiring, and his opinions well and deeply consider-
ed ; he never willingly relinquished their vindication until the final and author-
itative judgment of the court was pronounced upon them. Politics had a singular
fascination for him. In this field he was an accomplished and skillful manager,
• luick in his discernment, a ready and accurate reader of the popular mind, catch-
ing easily the " tunes of the times," always successful until he undertook to ad-
vance his own interest, and accelerate his own political fortunes. Then his fail-
ure was almost certain. There was, too, a certain useless subtlety in all his move-
ments, that caused even his (riends to sometimes doubt his sincerity, and which
gave his enemies an opportunity to complain of what they termed — liut without
cause— his trickery. In the year 1810 he was appointed an associate judge of the
court of common pleas of our county. The law in those days gave the associate
judges of the common pleas equal power with the first judge. Thus Judge Endress
occupied a position where he exhibited judicial abilities of no common order. In
1856 he was one of the presidential electors, and in 1867-8 he represented the county
in the constitutional convention which convened at Albany that year. These are
all the official positions he held. He was a man of great weight of character, a
gentleman under all circumstances. Finally he was an honor to the bar, adorned
the bench, was a favorite in the social circle, abounding in anecdote and pleasant
repartee. For several years previous to his death he retired from the practice of
the law. He died in January, 1870. His death was considered a loss to the village
and to the county. It was irreparable to his family to whom he was tenderly
attached.
Annual Address by L. B. Proctor. ig
BENJAMIN F. HARWQOD.
Mr. Harwood was born at Hornby, Steuben county. N. Y., AukumI 10th, 1H19. He
was the son of poor but reputable parents. He therefore began life with nothlnt;
to rely upon for success except his own unaided exertions. Hence, self-exertion
was the true Itey to whatever success he attained Without scholastic training he
covt-ted knowledge with intensity, and the difficulty he encountered in attaining
it created that independence of thought which afterwards became so prominent an
element in his life. Self-wroueht, self-reliant, he was molded into that tvpe of
manhood, that professional excellence which gives his name and fame to us on this
occasion. He early learned the art of self-culture. In this way, by the aid of a
limited attendance upon the common school, and the most intense application, he
acquired sufficient learning to become a teacher. To this great and responsible
calling Harwood gave his time and talents for several years, so successfully that in
after life he used to say that his success as a teacher giive him more pleasure than
any of his triumphs at the bar or in politics. At length an event occurred that
changed the whole current of his life, inlusing into him new hopes— a new and
higher ambition. He was subpoenaed to attend as a witness before a circuit court
held at Penn Yan, and he there witnessed, for the first time in his life, contests of
the bar, saw those weapons used with which lawyers war each other. Harwood
listened to the speeches of the counsel with wonder and delight, almost with awe,
and he thought he would exchange the world, were it at his command, to be able
to talk as those lawyers talked. From that day he determined to become a law-
yer, and he made every other interest subservient to this. Accordingly he entered
the office of Morris Rrown, Esq , long a distinguished lawyer, who was then prac-
ticing at Hammondsport, and com iiie need the study of law. When Mr. Brown
removed to Penn Yan Harwood accompanied him. For a while he supported him
self by teaching school winters and jjursuing his studies in the summers. But.
having prepared himself to try causes in justice's court, he abandoned his former
occupation. In those days the ablest membeis of the profession often appeared in
these courts, and it opened a field of labor in which no one, without considerable
ability, could sustain himself. Hence, young Harwood was forced to study hard,
think closely, act with energy, and waich every point to sustain himself against
the attacks of his experienced and able opponents. But this gave him success and
for several years he was a champion lawyer in justices' courts. At length his stu-
tleiit days ended and he became a lawyer entitled to practice in all the state courts
Tills was in July, 1839. In the autumn of that year he removed to Dansville and
commenced tiiere the practice of his profession with a success that soon gave him
an eminent position at our bar. Strength of mind and executive ability were
tlistioguishing features in young Harwood's character. He was most industrious—
iudefagitable is perbaps the better word. He possessed an iron frame that never
tired, a mind that never lost its tone. He came out of a long and wearisome trial
as fresh as when he entered it. He knew no timidity, no apprehension, and, to
use the language which Reuben P. Wisuer once applied to him, he had a metallic
front that never changed under any circumstances, that gave him independetice
almost sublime. He was always sanguine, always hopeful, and always expected
success and usually gained it. in the cross-examination of an unwilling, dishon-
est or untruthful witness, he was terrible. He would search their very souls, reach
into their heart of hearts and drag the truth from villainous deceit with wonderful
lacility. He knew how to create an atmosphere around a cause favoraljle to his
client. He knew, too, that the trial of a cause is very much like a game of chess,
and a game of chance, that more depends upon the skill of an advocate than the
law and justice of a case. Another strong point with Harwood was his inimitable
manner of opening a cause to the jury, rendering the saying true that a cause well
opened is half won. In the midst of his professional success Harwood yielded to
the fascination of politics, and from that time to the close of his life the legal arena
was a secondary matter with him. As he possessed rare accomplishments for this
new field, his success was certain, and he soon became one of the leaders of the
Whig party in the state. He was fortunate in gaining the friendship
of Mr. Seward and Mr. Weed, and he soon became indispensable to these illustrious
statesmen. On his entrance into the political field he joined his fortunes to those
of David H. Abel, or Farmer Abel, as he was called, and their united talents gave
them singular success. If their career has been criticised, I can only say they were
politicians and used the resources of their calling. Mr. Abel was in every sense a
marked and singular character, a man of action and of few words, but those words
were always to the point and in the right place. It is saidthatas a politician he
was dishonest. Could he be a politician and be honest? His memorable corres-
pondence with Martin Grover exhibits the humor and wit of the man. When he
was a candidate for state senator, Grover, who lived in his district, wrote him as
follows: D. H. Abfji.,, Esq.— Dear Sir:— There are many things in your character
tliat I like. They say you are dishonest, but if you will promise me in writing that
if you are elected you won't steal I will support you. Yours, etc., M. Gkovkk.
.\bel replied to this letter in the following characteristic manner: Hon. Martin
(iRovKK— Dear Sir: Your letter is received, contents noted. I cannot comply with
your request, as I desire, if elected, to enter the senate unpledged. Yours truly.
D. H Abki^. When (Jrover received this letter he was so pleased with It that he
gave its author a hearty support. "I think much more of this reply," said he,
•'than I should had it contained the usual claim of untarnished honesty, which
politicians persist in making." In the autumn of 18r>5 Mr. Harwood was nominated
and elected by the Whigs of the state clerk of the court of appeals. Mr. Harwood
died at Albany, in April, 1850, while discharging the duties of that office. He was
at the time of his death in tlie .'57th yewr of his age. In many respects he was a
marked character, possessing the mental affluericeand ability to mold theopinions
and direct the acts of others. We have considered him as the lawyer. This was
20 Livingston County Historical Society.
really the sphere for which nature designed him. We also have considered him as
;i politician. Here, though eminently successful, he was out of his sphere. Here
he was severely criticised. But so flagrantly corrupt has become party machinery
that with rare exceptions the best, the ablest men who mingle in politics are taint-
ed with corruption.
ENDRESS FAULKNER.
The professional career of Endress FauUcner though brief was brilliant and ex-
emplary. Long enough, however, to exhibit strong intellect and unusual forensic
powers. As a law-student he fully explored the science of jurisprudence, and as a
lawyer his mind was a well arranged law library. In which lie could easily lay his
hand on whatever he desired. His was what is rarely found, a legal mind in its
truest sense It was imbued with the spirit of the science; it instinctively perceiv-
ed and observed all its limitations, harmonies, modulations and discords, just as a
cultivated musical ear percives wliat is congruous or incongruous with the harmo-
nies of sounds. In this he manifested the true distinction between a lawyer and a
random speculator upon law, betwt en the case lawyer and the legal scientist. As
a real estate lawyer it is doubtful whether the Livingston bar ever produced his
superior. He studied the old writers on this branch of law with the purest delight.
I can recall repeated instances when I have found him in his office late at night
absorbed in the study of one of those great, subtle and philosopliic wriiers on the
law of real property, on the doctrines tliat govern the devolution of estates and the
interpretation of devises— Sugden or Feme or Preston— drawing as much delight
from their black lettered law page as the novel reader finds in the enchantment of
romance or the beautiful fictions of the poet. As a legal debater Mr. Faulkner was
so modest and unassuming, that a stranger might mistake his modesty for
timidity. His language was plain, direct, forcible and free from tawdry rhe'toric.
He possessed a real talent for legal disquisition, and there was a pleasing concord
between his thoughts and his language. His briefs were elaborate and carefully
prepared, they were a logical analysis of cases in full legal sequence, and although
far irom being a case lawyer, no one was better versed in reported cases than he,
knowing as he did when and how to apply thein, but he never piled them one upon
another, never launched them indiscriminately at an opponent, as soldiers some-
times load and fire at will. Endress Faulkner was born at Dansville, N. Y., in the
year 1819. He was a son of Hon. James Faulkner. He prepared for college at Can-
andaigua academy, entering Yale college in July, 1837, and graduated from
that institution in 1841. In conformity with his early intentions he immediately
commenced the study of law, and was called to the bar in January, 1843. Opening
an office in Dansville, he commenced there the practice of his profession. He was
for a time the law partner of Hon. Cyrus Hweet, now of Syracuse, the eminent and
learned surrogate of Onondaga county. He was also a partner of Hon. Solomon
Hubbard oi Oeneseo. His professional advancement was flattering to himself and
his friends. Very soon after his call to the bar he conducted the trial of several
Important cases, with a degree of ability and success that could hardly have been
expected in one so young. Among these was the case of Streety agt. Wood, Barry
agt. Bassett, McQuigg agt. The Central Railroad, and other equally imporiantcases.
In these trials he was opposed by the ablest lawyers at the bar. In one John B.
Skinner and Orlando Hastings, to whom I have referred, were his opponents. The
trials were conducted in a manner that elicited the sharpest collisions and all the
subtle tactics of the forum, but Faulkner won from his opponents that respect
which is due to ability, learning, and more than all, to high toned professional
courtesy. He won more than this, he won his causes. At the circuit at which
these cases were pending, a lawyer from New York city conducted a case. He was
one of those lawyers who believe themselves modern Ciceros, or, what is more,
rivalsof the famous old lawyer who tried causes in old Rome. In summing up the
case he made an attempt, as some city lawyers often do, to astonish the country
bar. He was evidently a man of ability, and his speech though clumsy was strong.
When he closed some one asked Faulkner what he thought of the speech. "Well,"
said he with an expression of the infinite humor at his command, "I can only say
of him as Harrington once said of an orator, ' It was vehement and fluent, and the
man's language was just what came uppermost. It had power, but it was the
power of a runaway horse, plunging and kicking all that approached.' " In the
midst of Mr. Faulkner's professional career, then becoming so profitable to him-
self and gratifying to hisfriends, the hand of disease fellheavily, though insidiously
upon him — fell, as it often does, when hope was highest and the future seemed the
most promising, when the ties of life were the strongest and he had much
to live for. For a time he indulged the hope that his disease would yield
to skillful medical treatment. But as months wore away it became moreatid more
obstinate, until hope deferred began to make the heart sick. He sought more gen-
ial climes, but in vain. It soon became apparent that his life was slowly but surely
drawing to a close. As disease wasted his form his mind seemed to strengthen,
seemed to fall back upon itself, and intellectual objects became more attractive to
him. Though possessing wealth far beyond every want, real or anticipated, his
love of professional labor grew more and more intense as his physical powers de-
clined. He even undertook the management of a case that took the strongest bod-
ily and mental powers. With this case there was a circumstance so analagous to
one related by Judge Kent of an eminent jurist, who was suffering under the rav-
ages of consumption, that I can not refrain Irom relating it here. "I was engaged."
said Judge Kent, "with him in the conduct of a case which for voluminous and
complicated pleadings and proof was, perhaps, unparalleled in our courts. It was
deemed necessary tha» a condensed statement of the evidence of the whole case,
and legal points, with minute references to the authorities affecting every point,
should be prepared for the court. I shrunk from the task as utterly beyond my
Annual Address by L. B. Proctor. 2 1
powers, and it fell to his self-sacrificinj; industry. Our conferences in regrard to it
were frequent, and I observed witli alarm its gradual effects on his health. Often
I left hini at noon bending over his task, and when I returned in the evening he
was in the same posture; which had been varied in the interval by only a brief in-
termission. I remonstrated, often seriously, almost angrily, but it was impossible
to draw him from his work ; and when his task was finished, the an.xious eye of
friendship saw too surely that he had made rapid progress toward the grave." At
last Faulkner's friends induced him to give up all professional care; but it was too
late. He lingered long alter all hope of his recovery was gone, and finally, with
calm fortitude and Christian resignation, the inevitable hour came. He died in
December, 1852, in the;i5th year of his age. And so lived, so died Endress Faulkner.
As in life he adorned the bar, may I not say that his history will embellish our
society?
COL. JOB C. HEDGES.
Job. C. Hedges was a member of the Livingston bar who wore the wreath of
Justinian twined with laurels of the soldier. He left the forum, at his country's
call, where, though yet young, he was rapidly growing eminent, and a practice
already remunerative and increasing. True to his duty heserved on many a weary
march, on many a blood-stained field, amid the harvest of death, leading his col-
umn of tiery valor where"showered the death-bolts deadliest the thin'd tiles along."
To-day we turn to him in memory as we do to many of the unreturning brave
who fell where
"The earth was covered thick with other clay.
Which her own clay soon covered, heap'd and pent, —
Rider and horse, friend and foe,— in one rude burial blent."
For him as for them, "there have been tears and breaking hearts." Though
time wear out the keener pangs of agony, though surviving friends discharge life's
duties, foster its att'ections, suffer no pause in their career, yet the death of the
loved, on the field, in camp or in prison, caused a wintry change to come over their
hearts, dimming a sun-beam that once radiated their homes. Col. Job C. Hedges
was bom in the city of Mew York in June, 1835. .While yet very young his parents
removed to Dansville. where Job spent the remainder of his life with the excep-
tion of a few years. He received his rudimentary education and prepared for col-
lege at Dansvllle, and was graduated with honors at Lima, N. Y. Having decided
to adopt the legal profession for his future calling, he entered the law office of
Messrs. Hastings & Newton of Rochester. Under the insi ruction of these accom-
plished lawyers he prepared for the bar, and in October, 1868, took his degree as an
attorney and counsellor at law. He commenced his practice in the city of New
York, as an assistant of Hon. Stephen B. Cushing, who had recently retired from
the ofl3ce of attorney general of the state. Such were the legal qualifications of
young Hedges that his services soon became invaluable to Mr. Cushing, who offered
to make him his partner on terms the inost flattering, but he preferred to practice
his profession alone, and yielding to the solicitations of his friends returned to
Dansvllle and opened an office. His severe labors in Mr. Cushing's office, though
they greatly taxed his mental and physical energies, were profitable, giving him a
thorough preparation for the professional career he had marked out for himself.
His first professional effort, in yonder court house, was the trial of a cause of much
importance, attracting considerable interest. Hisopponen t wasone of the veterans
of the bar. Hedges conducted his case unaided. Though there was then at our bar,
as there was in those days at most bars, two orbits in which lawyers moved, the
inner circle for the older lights, who were not disposed to allow any rising young
man to enter it, frowning down all who were bold enough to make the attempt.
Hedges, believing there was no royal road to legal eminence. Indifferent to all dis-
tinctions, bold and self-reliant, entered on the trial of the cause, as we have said,
without a legal chieftain to aid him; not, however, without the usual advice and
warning of friends. "Had you not better," they said, " have Mr. So-and-So to help
you? He is just the man you want, he has so much influence with the judge and
with the jury," etc. Thecase proceeded, contested inch by inch. As Hedges represent-
ed the plain tiff he closed the argument to the jury in an address that exhibited ioren-
sic talents of a high order, and a strong, vigerous, well-stored mind. Unlike most
young men who occupy such places, he made no attemptat eloquence, but he made
a thor ugh, practical analysis of the evidence, presenting it to the jurors from a
stand-point like their own, which was an earnest effort to reach the real justice of
the case. Hecaught all itsweak and strong points, cautiouslyselectinghlsgrounds
of defence and attack. The jury retired ahd the labors of the young lawyer were
soon rewarded by a verdict in his favor. The result of this trial greatly accelerated
his professional progress. One of Col. Hedges's characteristics was the rapidity
with which his intellectual powers moved. 'J hough he was somewhat precipitate
in his conclusions, he was cautious in his manner o( conducting a legal campaign,
and he was regarded as a safe, careful and fat-seeing adviser, and a rising young
lawyer. But in the midst of his promising career the warfor the Union broke out,
and Hedges, inspired by the patriotic spirit that everywhere pervaded the north,
engaged with Captain C. S. Benjamin in the work of recruiting the depleted ranks
of "the bloody, fighting 13th Regiment N. Y. S. V. Their efforts were crowned with
success, and Hedges was commissioned first lieutenant, and very soon afterward
was promoted to the rank of adjutant. In this position he marched with his regi-
ment to the peninsula. He was engaged in all the battles that were fought on it,
and in all the other battles in which his regiment were subsequently engaged. To
use the language of a distinguished and gallant oflicer who was fighting by his side
when he fell : " Major Hedges was a brave and efficient officer, and his conduct on
many hard-fought battle fields elicited the highest commen<lation fromhlssupe-
rior officers." His gallant conduct on the bloody field of Fredericksburg, on the
22 Livingston County Historical Society.
13th of December, 1862, when serving as aid to Gen. Barnes, who commanded the
rtrst division of the 5th corps, was especially mentioned by that oflSeer in his re-
port. Though severely wounded Hedsrt^s kept the field until the battle ended. In
the summer of 1864 the far-lamed 14th Heavy Artillery was recruited at Rochester,
E. O. Marshall was commissioned colonel and Hedges a major. On the 2d of May,
1864, the regiment marched to the Rapidan, crossing it on the 6th. It participated
in the battles of the Wilderness and .Spotsylvania where it was under fire four suc-
cessive days. From that time until the fatal 17th of June 1864, the regiment was in
constant active service. At Peterst)urgh, Va., on the morning of that day. Major
Hedges was instantly killed while bravely leading his regiment to a charge on the
enemy's lines. The severity of the fighting in this assault is attested by our losses,
which were estimated at 1,000 men. The losses of the rebels were heavy. In the
entrenchments they lay three or four deep, while the ground between their en-
trenchments was covered with their dead. Indeed it was a blood.v day when
Hedges fell, but he fell
"With his back to the field, and h's feet to the foe!
And leaving in battle no blot on his name,
Ijooking proudly to heaven from a death-bed of fame.'"
I met him a few weeks before his death, and I shall never forget the touching,
even beautiful manner in which he spoke of his wife, child, his father, mother, sis-
ters, and other friends, whom he was destined never to meet again. The moistened
eye, the quivering lip, and the stifled utterance told how tender and deep was his
aflfection for these. A very short time before his death he was made Colonel by
brevet, of his regiment for gallant conduct on the field, but he fell before he was
aware of this distinguis-hing recognition of his valor and efficiency as a soldier.
Though the Livingston bar was valiantly, Ihad almost said gloriously, rfipresented
by the private soldier, through all grades, up to the general officer, in many a bloody
field in the late war, Col, J. C. Hedges was the only member of it who died in battle.
It is meet, therefore, that his memory should be embalmed in the archives of our
society, for he was not only an able lawyer, but a splendid example of the calling,
career and valor of the citizen soldier.
McNEIL SEYMOUR.
No member of the Livingston bar was held in higher esteem than Mr. Seymour.
He was one of those men who without apparent ett'ori inspire confidence and es-
teem. In the alcliemy of his character there was no dross. He made no preten-
sions to showy talents, or any of those atlribuies that win popular applause, and
yet few men stood higher in the estimation of the public than he. This was e.K-
i>il)ited when a candidate for county judge. He accepted the unanimous nomina-
tion of the democratic county convention with reluctance, impressed with the be-
lief that it would be degrading in a candidate for a judicial office to enter the can-
vass in his own behalf. He remained inactive during the campaign, and though
the republican party was strongly dominant, in tlie county, such was Mr. Seymour's
popularity that he was defeated by so small a majority it was evident that a tri-
fling ettort on his part to succeed would have resulted in a triumphant election.
When a friend expressed his regret at his inactivity, he replied : " I am better sat-
isfied with my defeat than to have secured my election at the loss of my self-re-
spect; any candidate for a judgeship that will electioneer for himself ought to be
defeated for he would not be tit for the position." Another instance in which Mr.
Seymour's popularity was exhibited, occurred in the autumn of 1854 when he was
a candidate for member of Assembly, from the second assembly district of Living-
ston county. Notwithstanding his opponent was a very strong and popular man,
he was elected by a very large majority. In the legislature he took a high posi-
tion. His uuassuming manner, his solid but unostentatious attributes, his happy
eccentric abilities, and his hatred of legislative pyrotechnics gave him a high
standing as a legislator. Mr. Seymour possessed a judicial mind and method,
hence, tne members of the t)ar knowing iiis legal learning, fairness and impartial-
ity, were in the liabit of referring the most important and intricate cases to him.
His decisions were usually acquiesced in by the defeated party as the only true re-
sult of a just construction of the law and facts ot the case. The theatre of Mr. Sey-
mour's career was, I believe, mainly in Livingston county. He settled in Mount
Morris soon after Ills admission to the bar, where he resided until his death. He
died in the prime of his manhood. In the midst of his usefulness as a lawyer and
citizen. He died regretted by all who knew him, particularly by his fellow mem-
bers of the bar. As was said by an eminent writer of Sir. Robert Peel, ' the falling
of the column revealed the extent of the space it liad occupied." Mr. Seymour was
a brother of the Hon. Norman Seymour of Mount Monis, the eloquent and effi-
cient secretary of our society, and one of its founders.
HARVEY J. "WOOD.
One of tlie most agreeable and pleasant members of the Livingston bar was
Harvey J. Wood. He was an accomplished practitioner, profoundly learned in the
law. His counsel was always received not only by his clients but by members of
the profession, in entire confidence that they could be salely tiuided by it. During
the sittings of a circuit court, at the general or special term, Mr. Wood was a sort
o( legal oracle in the practice of drawing rules, orders, decrees or judgments in ditt-
icult cases. He always disliked the trial of causes. If, however, he was forced to
conduct a trial, a prosecution or defense, as he often was, he was strong, vigorous,
able,— an opponent to be dreaded. He prosecuted his case in such a manner that
all its best features were exhibited with advantage, but he made no pretension to
oratory. In his address to the jury he was plain, direct, sincere, but pointed and
searching. Wood had lively sensibility and quick perceptions, a thoroughly cultivat-
Annual Address by L. B. Proctor. 2 3
ed mind, a chaste, literary taste, polished by an enlarged acquaintance with the best
writers, ancient and modern. His retined taste extended to the fine arts and to
fine mechanism. Finally, all his talents and instincts were those of a gentleman.
High minded, generous and honorable himself he demanded these qualities in
those he selected as his intimate friends. He detested fraud, trickery and every
form of rascality. His word was sacred among his prolessional and other friends,
and no client ever feared that his rights would suffer while intrusted to him. His
social qualities, his genial nature, his deep sympathies were exhibited in his every
day life, among his own immediate friends and extended to all with whom he
came in contact. He loved to meet and enjoy the society of the young, and take
by the hand the newly admitted members ol the bar, struggling to gain their first
loothold in the threshold ol prolessional life. His favorite amusement was fish-
ing, and excepting Judge Fitzhugh, Izaak Walton never had a more accomplished
pupil at our bar than he. In his earlier years his gun resounded on every marsh,
every wooded hillside, in every dell or glen within his reach, where a bird could
be flushed or game of any kind started. Several years before his death he pur-
chased a beautiful site on Conesus lake where he erected a cottage, and which he
embellished in a style that Calypso and her nymphs might envy. Indeed, Pope
never had any higher enjoyment in Binfield or Twiciienham than Harvey J.
Wood found in this retreat, which he appropriately named "Blissport." Here, in
the heated months of summer, he invited his friends to share with him the delic-
ious coolness of his beautiful place. Here judges, lawyers, merchants would come,
and forget their cares, cast aside their labors, unbend from their dignity, and in
the freedom of nature around them be hoys again, happy in the enjoyment of the
fine conversational powers and rich humor of Wood. He possessed one of
those minds tliat finds
"Tongues in trees, books in the running brook,"
and there were times when, like one of Shakespeare's pensive characters, he loved
to throw himself
" Under an oak whose antique roots peeped out
Upon the brook that brawled along the woods,"
and there for a time forget his professional cares in the beauties of nature. Love of
raillery was a strong feature in the character of Mr. Wood, and he was remarkable
for his quick and happy repartees. If occasion required he could use sarcasm with
fearful efTect, but he was too aimiable in his disposition to resort to the use of this
weapon unless driven to it. He was a native of Cayuga county. After completing
his classical education he entered the ofHce of Amos Gould, an eminent lawyer of
Auburn, with whom he studied law for a year or more. He completed his legal .
education, I believe, in the oftice of Governor Young at Geneseo. He was admitted
to the bar in 1842, and commenced practice in Lima, N. Y., where he continued to
reside until the close of his lite. He died in 1870. Such was Harvey . I. Wood. If he
had faults, as all have, the grave covers them ; bis virtues, accomplishments and
bis genial nature outlive the grave and his. name is surrounded with pleasant
memories.
JOSEPH W. SMITH.
Joseph W. Smith was born near Bath, N. Y., in the year 1821, hence at the time
of his death he was fifty-five years of age. His father was a respectable farmer who
died when Joseph was yet quite young. He was reared principally under the
guardianship of his uncle, Jason Stone, Esq., now a highly respected citizen of
Bath. Too frail to endure the occupation of a farmer he was early sent to the best
schools in the country, attaining an excellent eilucation. Often in his boyhood
days he witnessed the stirring legal contests that took place at the court house in
Bath. One of these was the fit St trial that the present Judge Rumsey of the su-
preme court conducted as counsel. In this way his mind was directed to the legal
profession, and his early aspiration was to become a lawyer. In this he was en-
couraged by his friends, particularly by two uncles, Henry GofT, Esq., of Corning,
and Jason Stone of Bath. In the year 1842, on completing his education, he came
to Dansville and entered the office of the late Benjamin F. Harwood, then in the
plenitude of his brilliant practice. He applied himself to his studies with great
industry and perseverance. With a delicate constitution he successfully mastered
the great elementary law writers. He delighted in studying the old metaphysical
rules of special pleading. Bacon's Abridgments, with its antique phraseology, was
an admirable instructor for him. He lingered with delight over the gracefully
written commentaries of our own learned and illustrious Kent, a work that is still
the text book of judges and lawyers in our own country, and it has called forth the
eulogy and guided the labors of the learned in other climes. Mr. Smith always
thoroughly and severely investigated the law applicable tocases submitted to him,
and he made strong, exhaustive briefs. His preparatory course ended, we believe,
in 1847, and he w«s immediately called to the bar. He commenced practice as the
partner of Moses Stevens, who for a time was his fellow student in the office of Mr.
Harwood. After a brief period this partnership was dissolved; Mr. Stevens re-
moved to Wellsville, and Mr. Smith continued to practice alone at Dansville for a
short time, then removed to Almond, Allegany county, pursuing there his profes-
sion. About the time of his removal to Almond, in the year 1849, he was united in
marriage to Miss Mary Reynale, an accomplished ^'ouug lady, the only daughter
of the late Dr. Wm. H. Reynale, and a favorite in Society. She survives her hus-
band, and is almost the sole survivor of a large, happy and refined family circle.
At Almond Mr. Smith entered at once upon a lucrative and successful practice.
But in the autumn of 1840, through the influence of his father-in-law, Dr. Reynale,
and others, Mr. Smith was Induced to return (oDansvllle, and there resume hie prac-
24 Livingston County Historical Society.
tice. Here professional success again awaited him. After practicing alone some time,
tlie well remembered firm of Hubbard, .Smith & Noyes was formed, With this
combination of learning and talent success was an inevitable result. But for some
reason the firm was dissolved atter the lapse of a year, and a new firm under the
name of Smith ANoyes was immediately formed. This business relation continued
two or three years with considerable success, when it was dissolved, each of the
parties continuing to practice alone. In the fall of 1K,')9 the eminent firm of Van-
Derlip & Smith was formed. This relation continued through the long period of
seventeen years, and was dissolved bv the death of its junior member, its success-
ful career is too well known to the public to require any comment here. In the
trial of a cause he detected with keen quick observation, the weak points ■ f his
adversary, while, with an instinctive ingenuity and skill, he defended, disguised
or strengthened liis own assailable points as occasion required. In the thrust and
in the parry he was equally at home. When opposed by a sharp, pettifogging
trickster— one who resorted to knavish shrewdness for success, instead of the learn-
ing of his profession, or when a deep, shrewd, deceitful, lying witness came against
him. then his sarcasm fell withering, heavy and efTectual. With his brethren of
the bar he was honorable, high minded and courteous, and everywhere his word
was his bond. At the bar and in the popular assembly Mr. Smith was a forcible, log-
ical and persuasive spe.iker. As a politician he was bold, ardent and adroit, a
democrat, who never furled the banner of his party for the sake of policy, but
always carried it aloft in triumph or defeat— like Bruce at Bannockburn, planting
its standard on the hard rock. Mr. Smith represented his town in the board of
supervisors several successive years. In the fall of i-^eo he was a candidate for
member of assembly. Although in liis district there was an overwhelming repub-
lican majority, he reduced the majority of his opponent, a very popular man. to
barely thirty-five. He would have been elected but for some disafTection in his
party in one of the towns of the county. In 1872 he sustained au irreparable loss in
tlie death of his only son— his only child. He was a young man of much intellec-
tual promise. From this terrible blow Mr. Smith never recovered. Like a strong
tree that has withstood the whirlwind, though many of its green leaves have been
swept away, among whose broken boughs the birds no longer warble, so he with-
stood this terrible stroke of fate. To his friends it was plain that nothing could
banish his lost boy from his thought. In rny confidential Interviews with him,
when his sad heart was laid open to me, as it often was, I felt that in his musings,
at his home or in his offlce,
"Grief tilled the room up of his absent child.
Laid in his bed, walked up and down with him ;
Put on his well known looks, repeated all his words.
Reminded him of all his gracious parts,
StufTed out his vacant garments with his form."
But his sorrow is at an end, the valley and the shadow is past, lie sleeps well
and peacefully by the side of him whose loss silenced the music of his life. In pri-
vate life Mr. Smith was a valuable and Influential citizen. Kindness was innate
in his nature. Ashe possessed a fund of pleasing anecdote, set ofT by lively wit
and sparkling repartee, he was a favorite in the social circle. "To those who loved
him not he was lofty and sour," and to his enemies who crossed his path in hatred
he was implacable and aggressive in his resentment ; he knew how to be a turbulent
and effective hater. By a singular providence the Dansville bar within a brief
period lost three of its members. Tney were in every sense of the word not only
ornaments to the home bar but to that of the county. Two of these, Faulkner and
Smith, I have already mentioned, the third was the young, gifted and lamented
JOHN G. WILKINSON,
who died in the morning of his life — in the dawn of his professional career. As he
possessed talents of a high order, accurate and practical learning, laudable arid
well balanced ambition, well directed determination and untiring industry, his
career must have been eminently successful if not brilliant. He died in the spring
of 1875.
SAMUEL D. FAULKNER.
The death of Judge Faulkner occurred so recently, memoirs of his life more or
less elaborately written, for the journals of the county, are so fresh in the public
mind, that any reff^rence to him on this occasion may at first seem the work of
supererogation. But, conscious that a brief biography of a lawyer so eminent, and
of a judge so enlightened, impartial and useful, even though imperfectly written,
will be a rare embellishment to the archives of our society and a treasure to our
bar, I shall, in obedience to my duty, give you an outline of his life. I beg leave,
however, to do so in language used by me in another place. Samuel Dorr Faulk-
ner was born at Dansville, N. Y., November 14th, 18:"i5. He was a son of Judge
.lames Faulkner and a brother of Endress Faulkner, whose life and career I have
already attempted to describe. Nature was prodigal other intellectual gifts to him,
and from his earliest yeirs to the close of his life he evinced a grateful sense of her
favors by doing all in his power to enhance the value of her gifts. Under the in-
structions of an accomplished private tutor he commenced his classical education
at home, making rapid proficiency in his studies. He completed his preparation
for college at Berkshire, N. Y., and entered Yale in the year 18.55. He was graduat-
ed in the class of 18.59 with distinguished honors, the ricli reward of the niost dili-
gent and untiring study. While in this institution he was one of the five editors of
the Yale Literary Magazine, a publication of high rank at home and abroad. The
written and oral productions of his college years were distinguished for such
Animal Address by L. B. Proctor. 25
facility of expression, by sucli argumentative force, such forensic point, that his
frieuds were early convinced that the bar would be his future field of action. And
It was so. Soon after leaving college he entered the Albany law .school, where he
chiefly prepared for his call to the bar. He was admitted to all the state courts in
the year 1860, and immediately commenced the practice of his profession In his
native village. His professional advancement was rapid and permanent, placing
him, at an early ayie, among the leaders of the I.ivingston bar. His practice soon
extended into the adjacent counties, where his abiliiies as an advocate were liber-
ally acknowledged. Like most lawyers, Judge Faulkner was naturally attracted
to the political field, where, under the banner of the Democratic party, he became
a leading and influential partisan. On the platform he vindicated and sustained
the doctrines of his parly with well-dige.sted arguments, and in the language that
had the grace at once of spontaneity and art, and he soon ranked with the leaders
of the democracy in this state. It was believed in the beginning of his political
life, that as the republican party was so strongly dominant,not only in Livingston
county but in his congressional, judicial and senatorial districts, the chances of
the young lawyer for political advancement were extremely limited. Notwith-
standing this, in the autumn of lS(i(), the democrats of the second assembly district
of Livingston county nominated him as their candidate for the legislature. His
opponent was a popular, energetic and determined man, who entered the contest
with the prestige of a large Republican majority in his favor. After an earnest
canvass Faulkner was elected by a decisive majority. He was the first democrat
ever elected by his party in Livingston county to the assembly. This, with his
acknowledged ability, gave him a high position on his first entrance into the leg-
islature. His subsequentcareer as a legislator, his speeches delivered on the floor
of the house, the various reports and memorials of which he was the author, are
indubitable evidence of his talents as a parliamentary speaker and writer. Though
one of the youngest members of the house, he was one of the most influential and
respected. On retiring from his legislative duties he resumed more actively than
ever the duties of his profession. In the fall of 1867 he was tendered a renomina-
tlon for the assembly. It was not only tendered to him but lie was strongly urged
by his party to accept. He pere^hptorily declined, saying that he would never ac-
cept another ofiice in the gift of the people, except one that was in the line of his
profession. In the fall of 1871) he was nominated for county judge, by the democrats
of his county. Though, as in the case of his nomination for the assembly, his
party was in an almost hopeless minority, lie was elected, and in .January, 1871,
took his seat upon the bench. With a mind, habits and attainments eminently
practical, he entered upon the duties of his otiice destined to achieve eininent suc-
cess. He closed his six years of judicial service— the term fixed by the constitution
—prepared to lay down the ermine without one spot or blemish upon It. But he
was not permitted to lay it down. In the fall of 1876 he was nominated and re-
elected county judge, entering upon his second judicial term in January, 1877.
During his first term his health began to tail, and his friends soon became pain-
fully conscious that he was suffering under the ravages of consumption. To avoid
the rigor of our northern winters aiid with tlie liope of being restored to health,
he sought the mild and softer climate of the south, where for several years pa^t he
spent his winters. This for a time resisted the insidious disease, inspiring in him-
self and friends strong hope of his ultimate recovery. But the hope was only an
illusion. There was atitne, when, had his ambition been le^s, when, had he re-
tired from his judicial and professional labors, he might have recovered his health.
But he loved the labors of his ofllce and of his profession. He never undertook, in
sickness or in health, the discussion or decision of any legal question that he had
not fully investigated, and of which he had not made himself the master. He
loved his duties, judicial and professional, with enthusiastic devotion, and there-
fore, regardless ol failing health, he pursued them with untiring energy. Perhaps
he fondly looked forward to recovery. But, alas ! it never came, and he fell with
his armor on, intent on the discharge of his duties; and dying in early manhood
u victim to his own ceaseless devotion to them, and of the profession that no\\-
mourns his loss,
" So the struck eagle stretched upon the plain.
No more through rolling clouds to soar again.
Views his own feather in the latal dart
That winged the shaft that quivered in his heart."
In his struggle with a lingering and fatal disease, aceelfrated if not wholly
caused by unremitting devotion to his duties, there is a mourn lul resemblance be-
tween his fate and that of his distinguished brother, Endress. Judge Faulkner was
a close, thoughtful lawyer. He was well aware that it is often the case that young
men, conscious of possessing fine intellectual powers, depend toomuch upon them,
and thus neglect that severe mental discipline, that thorough, patient Investiga-
tion, without which distinction Is seldom attained, especially in the legal profes-
sion. He knew that few persons leap I'allas-like into full professional honors and
success, though in the legal, as in other professions, impudence, pretentious Ignor-
ance and swelling conceit often push men, for a time at least, rapidly up the deli-
cately graduated professional ladder. Hencre it was his ambition to be, as Cicero
recommends, able, aptf, dislmclc, nrnnie, di.sci'rc. How well he succeeded his career
at the bar fully attests. His mind was one of singular elasticity and power. All of
his mental faculties, all of his passions, predilections and prejudices were subordi-
nate to self control— to a calm judgment that presided over all. As a speaker at
the bar or in the popular as.sembly, he was ready, ingenious, often impressive—
always interesting. He was possessed of a clear, pleasant voice, appropriate gestic-
ulation ; never aflTected, churlish, ostentatious or pedantic; always expressed him-
self in language simple, natural, idiomatic. .\s a judge he was acute, sagacious and
26 Livingston County Historical Society.
reflecting. Even during tlie hurry and excitement of a trial, liis active mind and
his ready Itnowledge of tlie law enabled liim to dispose with much accuracy of a
large amount of business. With the light of his experience, with rare sagacity, he
soon discovered the right and wrong of a case. Usually in his charge to the jury
he divested a case of those artificial incumbrances and entanglements, thecreation
of artful counsel, and presented the points in a clear, fair and distinct manner.
His opinions exhibit research, are written with care and perspicuity, always ap-
proaching the point on which the case turned with directness and celerity which
rendered it apparent even to the casual reader. This was exhibited in his recent
charge to the, jury in the Hinman case— a case that was hotly, stubbornly contested
on both sides to a degree seldom equaled at the bar, a case full of conflicting evi-
dence, sliarp, angular and novel legal questions, that seemed impossible to harmo-
nise ; and yet .Judge Faulkner divested the case of everything except the real facts
pertinent to it, with fairness and perspicuity, that opposing counsel were eminent-
ly satisfled, and the almost impossible task of the jury rendered easy. To say that
the death of such a man is a public loss is to repeat the genera, opinion of the
community.
CLOSING REMARKS.
Thus I have, in an imperfect manner, discharged the high and honorable duty
assigned me through the courtesy of this society— the duty of sketching
the lives of the judges and lawyers of Livingston county who are numbered with
the dead. To a large extent my field of labor presents a history of that county. In
view of the great research, labor and the peculiar qualifications which the task re-
quires, I venture to undertake it with much diffidence, and, I trust, with an entire
abnegation of all personal considerations. In reverence to the memory of the dead,
in respectful recognition of the feelings of their surviving friends, I have appreci-
ated the high responsibility anddelicacy of the position I occupy here to-day— feel-
ing almost conscious of acting under the mandate of a voice coming from
the past, saying, "Put ofl' thy shoes, for the ground on which thou standest is holy
ground ! " Therefore, reverent to this voice, in closing my task, permit me to add
that while striving to shun the faults and to emulate the virtues of those whose
history and career have been committed to me, to the affections and gratitude of
the people of Livingston county, and of western New York, to the safe keeping of
the impartial historian and the honored archives of our society we commit their
memory.
Note.— As I designed this address as a history of the life and times of the de-
ceased, judges and lawyers of Livingston county, and to that end a history of the
county, I have in preparing it for publication given an extended sketch of several
eminent members of the profession to whom I had only time to briefly allude in
delivering it; giving it more the appearance of a series of biographies. In this re-
spect it will be more appropriate for the archives of our society.
LIBRftRY OF CONGRESS
014 109 867 6 #
'
^
