127 f12 T6 opy 2 By B. FITCH TOMPKINS, Esq. i«) Published by (he Madison County Historical Society 1911 1 I J 1806-1906 Biographical Sketches OF THE Madison County Bench and Bar AN ADDRESS BY B. FITCH TOMPKINS. ESQ. (Clerk of the Surroi^ate's Court) Delivered before the Madison County Historical Society at the Court House in Wampsville April 19, 1911 Published by the Madison County Historical Society Oneida. New Tork, 1911 ^ n a> (i 1911 THK ONEIDA I>IS1'ATCH PRKSS (»NKII>A. .NKW VOIIK 7 DEC 19)1 INTRODUCTION This little booklet contains an interesting address by B. Fitch Tompkins, Esq., Clerk of the Surrogate's Court of Madison County, delivered before the Madison County Historical Society April 19, 1 9 11 , at the Court House in Wampsville. It was prepared by the author with much care, research of records and painstaking, with a view of being thoroughly reliable and correcting several errors of historical importance, among other things adding an honor- able name to the chain of Madison County judges, strange- ly enough overlooked by other local historians. The ad- dress is a most valuable acquisition. It has been kindly donated to the Society by Mr. Tompkins, himself an hon- ored member. SAMUEL A. MAXON, Secretary Forew^ord It; Ml'. President and Members of the Historical Society: I think I ought to apologize for not before attending a meeting of the Society, although a member for some years. I know some apology is neeerlia))^ iiuule a^ a rewartl for his fjuj>[junty — ant! uhiih «urreH|K)udK to mir prebent county cuse near liar- nai\i'b at tiuality Hill, in the then town of Sullivan, 'i'uesday, June 3, ISUO; and, an the record re<'it«t>, Hon. Svlvanu.s Sinalley of Sul- livan, IVter Smith of IVtcrlxiro, l^lwanl (ireenof lirtntkHeld, i'llisha Pavneof Hamilton and 1 )aviil ( ook of Sullivan, J'>«juire*< anil Judges, were all present. Smalley, it seeniH, was at the time (jf di- vision one of the jiulji^es of the old county of Chenango, and had been electe*l one of tiie as.semblynjen of our new county, hut he did not ol)je<'t t<» holding two important oHici^s at the same tinje. He did not aj»p«ir, iiowever, at the next term in ( Ktober at the school house near Elisha Payne's in Hamilton. Peter Smith was there; and on .July :5, 1807, at a term of the Oyer and Terminer Court held ut Sullivan by Supreme Court dudjre William W. X'anNess, the reiord re<-ites that l^eter Smith, ".lud^e urse, aclvaiicetl some since the perio«J Irvinj^ tells us about when the e;irly settlers t)f Connecticut proclaimetl they wouhi be ^overneome of tliene "l>etter" laws our wise leu;islators had already enacteeut three yesirs in New York, a ye-.ir near Little Falls and about ten ye:irs in and about IJtica in the mercantile business, and had l>e<'«ime noteause of his erratic ways and lack of I>iisine88 aciinien ami st:il>ility, and this son later Im-jiteil in ( >swet^o c«)nnty, where he reside labor with the }>eo|»le alxtut reliijitjiis matters and to the distribution of religions tr.icts — so nnich so that in 1S2"», after turning over his |>roj»erty to his son, he reniovean, Koe a metro|>olis of the Mirronnding country, ('ertiiinlv this is a character to remember and to winelle, the r.u»'»*es-»iir (if inw l''irst .ludge. I'eter Smith, ^\a^ presenletl tothe«-ounty by his tlaughter, Mi.ss Ijouise S. Dwinelle, now living at the age of eighty-four in ("a/.enovia. This met vi jutlgt'f' uiitil .luiif, l^il'l. Again w** are «x»u- froiiteti with an error in tlit> hit>U»rieH and the Civil List, fur the date of hi.s a|>|M»intiiieiit ih thfif given a^ Manh Id, IS:*;;, while tiie t^jurt nt-dni.'. .sh»Av that in l'VI)niar\ , ls:5!», he held hi.-* last term and hi^ name thuts not apjHnir among the presiding jinlgt*s after that. No donht his term l)egan in IS'JS anil he held till Fehruarv, \S'.j'.), for the original (>4)urt renls tut show it and it W(»uld nuike jnst a Hve-year term, which was the prestTllKMl term at that time. 1 have not the date of his hirth or admi>^ion to the har. 11«- wa« one of the members of AHsembly of tiie c\>unty in I si 7 ami iwit-e snl).se«|uently in IS'JT and l.S2*>. On .Vpril 12, IS'Jo, he was a|t|>oint(*4l one of the <-ommi.ssioners to lay out a road from Norwich llirongh Mailison «'ountv to inter.se«'t the Krie canal in the ti»wn (»f l,*nox at or ne:ir Oneida ereek. Aside from being County .Jndge he was the fifth Surrogate of the ixjuiity from February IS, 1H40, t*» IS-tll. He was a partner of the late A. N. .Shehlon of Hamilton, once District .\ttornev, from lS-}."» to 1S4S, and he ilieil at the hitter lilm-e, September 1 '•, lSr»4, at alxtut the age of TH. JOHN B. YATES Ihe coiirl records show that .Mr. Vates was I'iiat .1 udge of the ( onunon Ple:is Court beginning with the term of June l.S, lt>38; that he was not present in 1S:|-|, but was in l^'A'). He died July 10, l.S;i»;, very smldenly. Mrs. Hannnond in her history gives the date of his apjxiintment as l.silS, an«l stiites that after a short time he resigne«l and was later re-ap|M(inted. This 1 believe was in jwrt true. He was, however, probably appointed iu 183li, resigned at the end of the year, and for ]S'.\\ no First Judge was designateil as the line lor the name of the first jmlge in the court it^-ords is left blank that year; and he serve* 1 from 1 S;5.") until his deiith. The Civil List, which gives the date of his appointment as ISotJ or 18:i7, and Judge Smith's History, which makes his term from 1837 to January, 1843, wIhmi he was de:id an«l l»urie.«i|H*<-tive villages they e:ich ^lI•«lllu^l would one (hiy l)e ^reat centei-s of |>o|)nhition antl iiiartM of trade, enterj»risin^ in all inattens of piihlic interest, pnictieal in muKt things, each jiid^e, and each planning and devoting their ^rejitewt efTort« to henetit mankind — one l)y his e, 1837, w^ the court records show, he presidetl over the Common Pleas Court, which with only a few exceptions, probably due to his al)sence in ( oni^ress, he held for five years until the end of 1842 and the appointment of Jud^e liarlow. I have shown that errors exist in the list of judpes publishcnl as U) date«, and it is to be reg^retted that the name of this able man has been entirely omitteil in the ])ul)lications of our local history and 1 have tiiken pains to include it in the list of Madison County Judges I recently had printed. He was born at Cornwall, Conn., May 30, 1787; gnnliiatee<)ph* the light more fully to choose their own officers and, registeretl the triumph of the more democratic town meeting ideas of the eastern .settlers jiver the aristocratic, monarchial ones that had l>een handeil (15) down from the times of the colonies in our own State. Of this con- vention it has been said by competent authorities that it "presented an array of talent, political experience and moral worth never sur- passed by any assemblage of men elected from a single State." Vice President Tompkins presided and Martin Van Bureu was the leading debater. Chancellor Kent, that famous legal authority, and Judges Ambrose Spejicer, William VanNess (who used to sit in our county and presided at the Hitchcock murder trial), Piatt, James Tallmage and many other noted men of the times were members. Just a word about the Counsil of Appointment, so we may judge more clearly about the appointment of our first oificers. The original Constitution of 1777 provided for this machinery and the provision was probably drafted by John Jay, then 31 years old, and by Gouverneur Morris and Robert Livingston, still younger. The Counsil consisted of the Governor and four Senators, one from each Senate District, openly appointed by the Assembly every year, and whose members could not serve two years in succession. The Gov- ernor's powers were not clearly defined and it was sometimes con- tended he had simply a vote iu case of tie. The Constitution of 1801 continued these, but the Governor assumed the real power of appointment. And some of the early commissions on file in our county sliow the appointment was made by the Governor by and with the advice and consent of the Counsil of Appointment. There seems to have been some dispute as to this concerning some of the appointments, the Counsil claiming the right to appoint when the majority so decreed without the nomination or appointment by the Governor. This power came to be used by the Governor as a poli- tical whip and tool. Gov. Lewis appointed Daniel D. Tompkins Assistant Justice of the Supreme Court. In three years Tompkins, elected Governor by Clinton's friends, began to throw out of office the Lewis supporters. The strife was bitter and the Federalists or anti-Clintonians were shortly again in power and again began re- moval only to be checked shortly by the re-election of Tompkins in 1809 and the ascendancy of Clinton as a power in the State and nation. In 1815 the power was in the hands of the Republicans (not the present party by that name) and in 1817 again thependelum swung back to Clinton and he was still in control in 1819 when Van Buren was removed as Attorney General. The next year the Republicans were in control and a constitutional convention was called. Roger Skinner was a power at this time, being a Fetleral Judge, State Senator and a member of the Counsil of Appointment. (10) The convt'iiti'iii *liiiiiiin-iii, ImiI t»iir iuil^w ••oiitiiuieil to Ik.* appoiiittHl down to ISJT. While the >triijrj;le wiim {^oin^ on it is iiiterestinj; to note that I'l'ter Smith, who was or^inally aj)|K)intee\\is and it id said perhaps for liis sii|»j>ort of lAJNvis and opj)OHition to Tompkins, still eontinueil to hold liis olllce down to the time of the (•onventi«)n and after. .Imljxe Ivoj^ers was also Representative in ( 'on^^ress from our (•Ji>d) distrift in 1S:}'.> and ISiO. History tells ns he was a writer of al)ility and ])Mblisheti:i(i(in of I'resiilcnt Taylor. THOMAS BARLOW \\ ;i> the last ap|)ointet Judge from 1843 to 1847, and was the father of our co- meml»cr, M. Kiigene l>arl(»w of Canastota. He was Imrn at Duanes- iHirgh, N. Y., over one hundreerintendent of Couuuon S'IkhJs in 1S42, and while .ludge he was twice Senator, 0") 1844-48, at the time the Senate was also the appellate court, called "Court of Errors." Judge Barlow was a most industrious man and a profound and enthusiastic student of nature, as is evidenced by large and very com- plete collections of birds, animals, insects, minerals and curios of various kinds. He also took pride in a large collection of original signatures of noted persons. The greater part of his natural specimens he gave to his alma mater, Hamilton. He was a corres- ponding member of the New York Historical Society, New Orleans Academy of Silences, Wisconsin Historical Society, Buffalo So- ciety of Natural Science, a member of the Association for the Ad- vancement of Science, and also many others. Like Jefferson, his violin furnished much pleasure and recreation and on it he played with considerable ability. He was a Free Soil Democrat until 1856, when he joined the Republican party and supported its principles until the close of the war, when he returned to the Democracy. He was an upright, fear- less man, highly respected, and leaves to posterity much to honor and perpetuate his memory. '^,^ JAMES WARREN NYE I regret to say the county does not possess a portrait of this first elected judge of our county. He was born at DeRuyter, this county, June 10, 1815, and attended Cortland Academy at Homer, N. Y., was a driver on a stage line, and studied law at Troy, N. Y. In company with Lorenzo Sherwood, of the Sherwood brothers, also of DeRuyter, he practiced law at Hamilton. Sherwood went to Texas soon after its annexation and Nye continued there alone. Early he was appointed a Brigadier General, and when but 29 years old, Feb. 6, 1844, he was appointed Surrogate of Madison county, which office he held when elected County Judge and Surrogate un- der the new constitution, June, 1847, holding the same until Janu- ary 1, 1852. In 1848 he was a candidate for Congress as a Free Soil Democrat, but was defeated. After his term as Judge he re- moved to Syracuse, where he practiced a few years with such men as AVilliam J. Hough, also from this county. February 19, 1855, he was one of the attorneys with LeRoy Morgan, afterwards Justice of the Supreme Court, and David D. Hillis defending Alfred Flyer for the murder of his wife. Although probably guilty as his subse- quent life tended to indicate, he was acquitted. Judge Charles Amlrews, tlini Imt 27 ye:irs oM, \v:i.s Dlstrirt Atl«)rn('y ami was as- HisttMl bv llirtf other proiniiu'iit attt)riK'\>i in the priise1, ISd-l) he was ele<'te, 1S7(». He was a short, thick set man, with dark ciirlcy hair, a fancy dresser, and <|nite a favorite of the opposite sc\. SIDNEY T. HOLMES Mr. Hobnes was a j)rominent figure in our comity from lSr)l)to 1S7(). Alniut his e^irly life and aLso after he left the county I liave not been able to leiirn mu(;h. His f iher was Epiienetus Holmes, one of the first lawyers at Morrisville, and .Judge Holmes was probal)ly born there. 1 find that in IS-l'.) he was Clerk of the Hoard of Snj)ervisors an8tma.ster at Clockville ft>r thirty ye;ii> and hcin;; S;ij)crvisor of his town in ISTd. He wa.s admitted to the bar in ISll and practiced at ('l(K"kville for forty years, where he was also much in demaml as a t^kilUnl surscyor. in .laiinary, 1 SS3, Governor Clevehuul app<)intet Oneida), havin;j; taken a farm near Oneida, he shortly followed him then' in 1855 and wjis a clerk in the store of James Tomlinson. (^nite soon lie entered the ollice of Timothy Jenkins at Oneida Castle and when admittc«l to the bar en- tere inclusive; and the next incumbent of the ottice, H. Harclay, resii^ninj; very soon after his elc<'tion on a<'count of ill health, he was aj>j>ointed Dis- trict (Herkimer, Madison, and Otsego counties) for the term 1SS()-S7. In Jidy, ISS*.), he was aj)|M)inted First Assistant V. S. Di>(rict Attorney for the Northern District of New York and spent c(»nsiderable of his time in Butlalo, where he was in charge of much iniportant litigation, among the important cases being the (iould l):iid< cjises and the celel)rate2-0o. l''or manv yenrs he was a leading trial lawver of the county and was interesteointe«l his successor as County Judge by CJovernor Roosevelt in 1S!»0 and at the next election was ele<-tcil for the term HMIO-l tMIC). After a spirited and close light he was defeated for re-election, nujuing on an inde- (23) pendent ticket, and although his health had been impaired for some time he continued to practice nearly up to the time of his death, which occurred at Morrisville, August 23, 1907. Much could be said about the active and useful life of this affable lawyer, but his departure was so recent and his smiling countenance so familiar to you all it is not necessary here. No one probably had a larger personal acquaintance throughout the county than he enjoyed, PHILO GRIDLEY About the time this county was being first settled, at Paris in our adjoing county of Oneida, September 16, 1796 Philo Gridley was born. In his early days he taught school. In 1816 he gradu- ated from Hamilton College, and in 1820 he was admitted to the bar and for a time practiced at Waterville. Later he came to Ham- ilton and for a time was a partner of Surrogate Stower. In 1829 he succeeded William K. Fuller as District Attorney for our county, which oflice he held for about seven years, until 1836. This appoint- ment was probably made under the provisions of the Constitution of 1821 which provided that a District Attorney for each county should be appointed by the County Courts. His residence in our county was comparatively brief, for in 1838 he was appointed Circuit Judge for the 5th Circuit of the State. These Judges had practically the same powers as our Supreme Court Justices. They held courts throughout the district the same as our Supreme Court Justices do now. One Judge was appointed for each Senate District. These courts were sometime held with the Oyer and Terminer for criminal business in which case the Circuit Judge had to associate with him two other Judges of the county. While Judge Gridley was not ap- pointed for our district, he was probably living here at the time as I found on file his oath of office as such taken before Ephenetus Holnjes of Morrisville, August 2, 1838. He removed at once to Utica and when the new constitution was adopted in 1847 he was elected Supreme Court Judge. He died at Utiea, August 16, 1864. AVhile Circuit Judge he presided at one of the most important and noted criminal trials in our country. One Alexander Mcl^eod was indicted for the murder of Amos Durfee by pistol shot Dee. 30, 1837, the night of the burning of the steamer "Caroline" and sending her over Niagara Falls, during the so-called ''Patriot War." (24) McI.«etHl was a Hritish subject aiul liis poverimient deinandtil liis re- lease. Daniel Webster, tlien Seite«l States, was in favor of granting the reijuest, but tlie (jovernor of Xew York wouUI not eonsent. On motion of the defendant the place of trial was rhaii<;ek charge of the defen<-e and appropriated nionev for the purpose and (iardner iV: Hnidley with .Joshua A. Spencer (another Madis«jn county man), all prominent attorneys, con- ducte, 171*0. He was a clerk in a store after he cjime to Len«>.\ in this county, enliste, and was graduateil fnun \\'iUianis ('ollcge in 1S07. He remove*! to C'azenovia in ISIO, where he continued to live till the (25) time of his death and was one of the most prominent and influential citizens of the community. He was admitted to the bar in 1813; served as Aide-de-Camp on the staff of General Hurd, his fellow townsman and prominent military man, in the War of 1812; was Clerk of Cazenovia village 1814-21 and its President from 1824 to 1826; one of the trustees of the Seminary of the Genesee Conference (now Cazenovia Seminary) in 1825; one of the incorporators of the old Madison County Bank in 1831; director of the Madison Mutual Insurance Company in 1836; first President of the Bank of Caze- novia in 1856. In 1825 he ran for State Senator in opposition to Gerrit Smith, who was on the anti-Masonic ticket, and defeated him. He was re- elected and was acting Lieutenant-Governor of the State for a short period in 1829, when Enos T. Throop became Governor on the res- ignation of Martin VanBuren, by virtue of his being at the time the President of the Senate. He also held the position of State Bank Commissioner from 1830 to 1840. He died March 23, 1873, at Cazenovia, where his descendants occupy honored and prominent positions in the life of the beavitiful village he helped to build up. GERRIT SMITH Gerrit Smith probably had the largest national fame of any Madison County man. His picture, which hangs in the west gallery of the court room, was presented to the county by his daughter, the late Elizabeth S. Miller of Geneva. He was born at Utica, March 6, 1797, being the fourth son of Peter (pur first county judge) and Elizabeth Livingston Smith. The family moved to Whitesboro about five years after his birth and in 1806 came to Peterboro. In 1813 he entered school at Clinton and in 1818 graduated from Hamilton College. His brother Peter went with him, but stayed only a couple of years. In 1819, soon after the death of his mother and his graduation, he married Welthy Ann Bachus, only daughter of Dr. Azel Bachus, the first president of Hamilton College. She died of brain trouble in seven months, and in January, 1822, he married Ann Carroll, daughter of AVilliam Fitzhugh of Geneseo, N. Y. He was a man of considerable wealth for those times, and his fine home at Peterboro was maintained much like the rich estates in the South and was noted for its hospitality. His investments were largely in real estate, which finally cen- tered in and about Oswego in the canal, harbor and ships. The (20) linaiK'ial .j-37 iu*:irly swept :i\v:iv his fortuiu', Imt Ije l)(>rn»\vetl .^J.")! ),()()( I from .I<»lm .Ijnol) Astor on little stH'iirily l>iit his naked proniise and was soon on his feet a^ain. His bioi^raplier utateH he had an income of from fifty to sixty thousand doUarsa yesir for twenty-live years and for the hist ten years $S(), ()()(), His wealth enahled him to advance ami make prominent many of his theories anolilic3d oHice he held was Congressman from the Oswego-Madison distri. He was a candidate for President on tlu' Liberty |>arty ticket in ISlS and l.S."j"J, for the Industrial Congress in 1S.")(» — ihree times a candidate for the Presidency, equalling the record of ^Vill- iam J. Jiryan. In IS 10 and l.S.')8 he was a c:indi(hite for (Jovernor of New York of the anti-Slavery party, and was defejitereviously donated that institution and the old Presbyterian church he ac(|uired, donate he became in- teresteil in William Zecher, a Dutchman, accusetl of murdering John liuck of Nelson with an a.xe. He learned that ZiM-her <":ime from the s;ime part of Holland as his fathers family and luH-ameconvince^l he was innocent. He was a.'c, however he should re<'eive full homage as a suj-cesi^ftd business man, of a beautiful religious nature, a great and staunch temperance worker, but pre-eminently a humaniUuMan. If hi.-' one legal etTort was a mist.ake, there being some (|Uestion lis to /(H'her's innoccn<'«', it \\as a mistake C3Hisepe<'iall\' the precession of the etpiinoxes. In 1818 he was one of the twenty-four trustees to found liatnilton Academy. He contributetl materials and money for the erection of buildings and was the first te.icher. He had been a teacher in his early yesirs and took great delight in the w(»rU, in which he was most su<-ce>sful. He was also a succt^sful farmer, devoting nuich lime to the raiding of winter wliejit and cultivating a fine orchard, priHuring st-ions from sueh dist;uices as Ixjng Island and New Jersey. Mr. King was also a noted military man. He was ejirly <'om- missiomHl Colonel of Militia and conducted his ''tnunings" with nuich skill. lie was later promoted to .Major (Jeneral ami in ISl 1 he reipu'stcd his friend, (Jov. Tompkins, to send him into service and went to .Suckets Harbor, where he was in conunaiul of all the militia iu this xicinity, although Gen. Jacob iirown of the regular U. S. troops was afterwards in supreme conunand. The position was made s«) strong that the expe<'ted attack by the Hritish was not maosition.s) he made an enviable reputation. He died at Hamilton, .Iidy 'lit, 1848, and was 8urvive«l but a few months by Jiis last \vife. WILLIAM KENDALL FULLER (Jeneral Fuller was born about the time the settlement of our eounty began at SchentnUidv, X. Y., November 21, 17'.>2, was graduateil at Union College, and was admittinl to the bar in IS] j. He |)racti<«'. Yates and was at- torney for the Oiu'ida, St(M-kl>ridge and lirothertown Indians and Master in Chancery from 1814 to 181(1. In ISUl with his partner, John IJ. Yates, he moved to Chittenango, where he be<-ame a promi- nent citi/en. He was Supervisor of Sullivan for live years from 1S27 to l.s:!l and l*resin(l trial. Mr. Mitilu'll (li»'«l at Syracuse, Sept. li 1. 1S7 I, at tlii' t-urly a;^e of fifty. EPHENETUS HOLMES Kphenetiis Holmes \va8 borii at Aineiiia, DiitclieBS County, N. Y., December 1, 17.S1, and was adniillnl to the bar at S-hajxhticoke, N. Y., iu ISOH. After pnieticinii; at that plaee for a time he re- inove. F, Wliit- nev and was presented t<» the county some years ajfo by his ian)ily. Miss Kstelle Ivnowles, a }xrejit-^rand4 and again in 1S7«'). He die«l at Chittenango, Feb- ruary 2, ISSC). CHARLES STEBBINS, JR. Mr. Stebbins was born at Ca/enovia, .luly :3, 1827, where he continued to reside and practice uj) to the time of his de:ith, e.xcept the two vears he was in practice at Synicu.se. He read law with Stebbins iN: Fairchild and was adn)itteenovia from 1858 to 18(jl, again in ISd;', and 18()0; l*resident in 1H()7 and 18(58; Supervisor of his town in 18t(7 and 1870; and was interestetl in the establishment of the Home for Des- titute Childivn at I'eterboro, having in'ge; '\tn President in 1 s:;,s :iHd ISlS, He wa.s a prominent (Jenenil in the Militia and l'ie* iS'i.'t and re-ele<'te<| in I.S17. He was appointef the iit^entri of the Smithsonian Institute at \\'ashinpt:ith. In IS.'tf) he removnl to Svra<'nse, where he attained a prominent standing in the profession and was intrnste and "M, and during the last two years was Chairman of the I^)ard. He was one of the lirst dire<"tors of the Madi.son County Hi\i\k in 18;'.2 and was for seveni I years one of the C«iinmon PK-.is .Indira's in the 'thirties or thereabouts. He also servtnl as ( 'aptain in the militia in llic war during 1812-'!."). He died at Canastota. .Vugust P.t, l.S4'.». PERRY G. CHILDS This prominent attorney was Inirn at Pittslield, .Ma.ss., in 177n, and was admittec<-aiMc a large land owner and an inlluen- (35) tial man in the community where he spent his entire life. He was one of the most active trial lawyers at the time immediately follow- ing the establishment of our county, and was the attorney for the de- fendant in the first action noted on our Common Pleas Court minutes at the first session of the court, and the court records show the large and varied practice he and his firm of Childs & Stebbins enjoyed for many years. He was appointed Master in Chancery in 1806 and was one of the board of the first trustees of the village of Cazenovia when in- corporated in 1810. He was President of the old Madison County Bank and from 1819 to 1822 he was State Senator from this dis- trict. In January, 1822, he was elected one of the famous "Counsil of Appointment" which had the selection of many of the State and local officers. His palatial residence and grounds was one of the ornaments of this beautiful lake village, and he was the grandfather of Mrs. John Stebbins, who later owned it. Charles S. Fairchilds, who was one of President Cleveland's cabinet officers, was his grand- son. He died at Cazenovia in 1 835. HARRIS COATS MINER Mr. Miner was born at Pharsalia, Chenango County, August 31, 1817, and his rather limited education was received at the Pitcher Springs Academy. His ancestors came from Connecticut and were early settlers in the locality. He remained on the farm until about twenty-one, when he came to DeKuyter and was em- ployed in the store of Israel Smith for about nine years. When Sadock T. Bentley, his townsman, was elected County Clerk, in 1843, Miner went with him to Morrisville, where he was Deputy County Clerk for three years. For about a year thereafter he en- gaged in mercantile business at Syracuse, where Milton S. Price and Judge Charles Andrews, then young men, clerked in his store. He married Cynthia Bunker, a DeRuyter girl, August 29, 1844, and his only child, a young lady of seventeen, died in 1869. While at Morrisville he devoted some time to the study of law and was admitted to the bar of the county December 26, 1849, and later at Cooperstown to all the State courts, and in 1867 to the U. S. Courts. He spent a long, active and useful life at DeRuyter, where he built up an extensive practice, first as a partner of A. Scott Sloan, then with his brother, R. L. Miner, from 1859 to '63, and again with l^atnlH'i-t L. Kcni fi »m ISf.l to '70. \\v (lie7, ISJJS and 1S72, and als<» licld tlie <)tti( es of Town Clerk, trnstee and other ollice^. He wari u man of wonderful enerj;y, strong nerve and powerful |)livsi(|iie, which with a frank aueals — the highest court of our SUite — he was appointe. He was a brother of the Judge of our conntv, Joseph Mason of Hamilton, still residing at that village. His picture hung in the t'liambers of Justi«'e Forlxv at Canastota for a numl)er of vears and is now in tliose of the late Justice ('onian. (•57) THOMAS HILL HUBBARD Judge Hubbard was the first Surrogate of our county — tlieu a separate office. His portrait hangs at the right of the Surrogate's trial bench. It was copied in 1890 by Marshall Bros, of Cazenovia from a painting by Harding at AVashington, D. C, in 1822, when he was about 40 years of age, and was presented to the county b}- his son, Robert James Hubbard, father of Robert F. Hubbard of Cazeno^^a. This prominent man was born at New Haven, Conn., Dec. (i, 1781; studied law at Troy, N. Y., and was admitted to the bu- in 1804 or 1805. He was the second attorney to settle in Hamilton, about 1805, and was very shortly appointed Surrogate, March 2G, 1806, when the county was foi-med. He was on hand at the tirst Common Pleas Court for our county June 3, 1800, and with ten others, including Nathaniel King, Arthur lireese, John Kirkland and Perry G. Childs, was admitted to practice in the new court. The tirst case on record in the new county's minutes was brought by him as attorney and defended by Perry G. Childs. At the June, 1810, term Hubbard and Hubbard & Smith had 41 cases brought foriirst orders. In 1813 he, with A. D. Van Home and Nehemiah Hunt- ington, were appointed to revise the Conuiion Pleas Court Rules. He discharged the duties of Surrogate with much ability for nearly ten years until Feb. 26, 1816. He was appointed a commissioner under the Insolvent Law in 1812; Master in Chancery in 1815; District Attorney for the seventh district, Oneida, Herkimer, Madi- son and Otsego counties, 1816, and again for our own county in 1818, when separate officers were appointed for each county, thus being also the first District Attorney for our separate county, and being, as f am informed, the second one ever appointed from the county. Daniel Kellogg was appointed District Attorney in 1809 as stated in Judue Chester's Legal and Judicial Historv of New York. He was twice elected Representative in Congress from the 1 7th District (Madison and Herkimer counties), serving the years 1817- 1818, 1821-1822. He was a Presidential Elector in 1812, 1844, 1852. He removed to Utica in 1824 and formed a partnership with Greene C. Bronson and was later appointed Clerk of the Su- preme Court, which position he held many years. He retired in later years, having accummulated ample means, and died at Utica, (38) Mav Jl, IM.'jT. Ill lier lii.stt»rv, Mi>. liaiinnoml .-civn: "He war a man greatly beloved for his many virtiieK aii\nlIe, where his life \\a.- H[>ent. lie was atlmlttiHl to the har at l'tic:i, .Inly II, 1S21. aiul for over sixty years was a pniniinent lawyer at the et»nnty seat, .\pril 21, 1K"J7, he was a|)|>ointe<<-har^in^ the duties with nineh esire and satisfaction. lie was a the .\atii»Mal eoiiveiition at r>altiiii<)i-e when Martin \'an Hiiren was noniinatt'd foi- the Presidency. His death occurred at M.S remove^l to ( "a/.eiutvia, where he was hx-atetl until his death, which occurred in .liiiie. I'.MI.'i. In ISC)!' he was elei'tei), which w:»s prompt l\ p.iid 1>\ the defendant in ^an from a plioto^raph taken at An)any when Mr. Fowler was a member of the State ( 'tuistitMti(»nal ("(invention of ISriS. It wan preren7X) Dana, .iiid though a Democrat was ele<'ted to succeed him for a term of three years. He wasadnutted to the bar in LSf)."), an