Oass 
 Book 
 
 COPYRIGHT DEPOSIT 
 
SHERIFFS 
 
 OIF- 
 
 ONEIDA COUNTY, 
 
 :B~sr- 
 
 ISAAC P. BIELBY. 
 
 1890. 
 
SHERIFFS 
 
 -OIF- 
 
 ONEIDA COUNTY, 
 
 -:Bsr- 
 
 ISAAC P: BIELBY. 
 
 -r^—^Q^y Right <:^ 
 AUG 271890^ 
 
 1890. 
 
 UTICA, N. Y.: 
 P. E. Kelly, Book and Job Pbintet*, «^or. Broad and John Strkkts. 
 
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I HE office of Sheriff has descended 
 I to us from bygone days. Some 
 i historians with great show of prob- 
 able truth, have placed its origin in 
 the proconsel of the ancient Romans; 
 others have endeavored to trace it to 
 corresponding positions under patriarchs, 
 emperors and kings. But whatever may 
 be the fact, it is the same now as it 
 was a thousand years ago in the reign of 
 A.lfred the Great. He brought from out 
 the chaos of Anglian governmental ma- 
 chinery, a tangible division of his King- 
 dom into Sceyres or Earldoms, now called 
 counties or shires. The government of these 
 shires was entrusted to an Earl or Comes. 
 The Shire Keeper was the same as our 
 Sheriff. He was appointed and ordained 
 by the King as Keeper of the Peace and 
 Governor of the Shire. His power was 
 very great; te executed the King's com- 
 mands and ruled with authority of his 
 own. In many cases he was an arbitary 
 tyrant, having the discretionary powers of 
 Judge, Jury and Executioner. In due 
 time came the Magna Charter of John, an 
 enactment memorable for its construction 
 and frequent violation. It was constantly 
 and continually being confirmed and re- 
 confirmed until in 1216, Henry III, then 
 a minor, had it revised and re enacted. It 
 wae duly confirmed by the Earl of Pem- 
 broke and Papal Nuncio. When the 
 King attained his majority it was again 
 reconfirmed in the form in which it ap- 
 pears on our law books. This act modi 
 fies the judicial authority. The statute of 
 Edward I, gave the people the right to 
 elect their own Sheriffs, but the officers 
 used their power to secure are-election and 
 so abused their trust, that the people asked 
 that the law be repealed. Edward II 
 caused the constitution to be so amended 
 as to give the nominating power to the 
 Judges of the courts. No person was al- 
 lowed to take the appointment unless he 
 had sufficient land and property to answer 
 to the King and the people During the 
 following reign it was enacted that no 
 person should hold the office more than 
 one year. Under Richard III it was de 
 Glared chat no man who had served should 
 be chosen again within three years. This 
 
 was enforced by Henry VI by an act to 
 secure its observance. Large penalties 
 were imposed for any violation, one half 
 going to the King and the remainder to the 
 informer. By another act in the same 
 reign. Sheriffs were allowed to take bail 
 and appoint constables or bailiffs to attend 
 the courts in their shires. At this time, 
 the Sheriff received no salary, or fees. The 
 office was honorary and soon became oner- 
 ous and burdensome. He was not a creature 
 of the crown, but of the Courts. Later he 
 was again made the King's representative 
 in the county and his power enlarged. 
 The bailiffs or constables were under him 
 as keepers of the town. Ten families of 
 freeholders constituted a town or tithing, 
 ten of these towns constituted a hundred, 
 which was placed under the government 
 of a high constable or bailiff, who, in 
 ancient days, presided in the hundreds 
 court. An indefinite number of the hun- 
 dreds made up a shire or county. Under 
 his combined judicial and executive au- 
 thority, the Sheriff could both arrest and 
 try offenders. He stood under the com- 
 mission of the King, the arbitrary ruler of 
 the shire. At his command the people 
 must obey under the penalty of fine and 
 imprisonment. 
 
 By statute of Henry IV if any riot or 
 unlawful assembly or rout of people was 
 made against the law within the Kingdom, 
 whether in the presence of some justice or 
 othei'wise, the justices of the peace not less 
 than two in number, and three as a quorum, 
 and the Sheriff or Under Sheriff of the 
 county, were enjoined to come with the 
 power of the county and arrest them. 
 They were also required to make a record 
 of all that was done and in their discretion 
 the offenders could be convicted. The 
 power of the county or possee comitatus 
 was regulated by statute of Henry VI by 
 which it was enacted that the Kings' iiege 
 people, except women, infants under fif- 
 teen years, persons decrepit and clergymen, 
 being sufficient to travel, shall be assistants 
 to the justice upon reasonable warning to 
 ricle with them in aid to resist riots and 
 punish the offenders. They were also 
 authorized to take with them such 
 weapons as should be ncccesay to over- 
 come and secure their prisoners. Beating, 
 wounding and even killing was justified 
 under this law. The sheriff must be a 
 man of 31 years, fair education, sound 
 
mind and good judgment This is the 
 way the law stood in England in the 
 colonial days of American settlement. 
 
 COLONIAL DATS. 
 
 In the early colonial days of the Empire 
 State the Dutch "West India Company" 
 had control of the laws. Under their 
 charter the old Dutch patroon system pre- 
 vailed. They had by-laws and ordinances 
 of their own. The powers of the Patroon 
 were strictly defined by these laws in New 
 Amsterdam. They made him the repre- 
 sentative of the Governor and most influ- 
 ential officer in the city. His powers were 
 even greater than under the English sys- 
 tem. When the city and State fell into the 
 hands of the Britons the laws of England 
 went into effect. This was about the year 
 1665 Alfred Anthony being the firsi 
 Sheriff. In this case the people were al- 
 lowed to nominate, but afterwards the 
 Sheriffs were appointed by the Governor. 
 This continued up to the time of the revo- 
 lution. After the independence of the 
 States was declared and the constitution 
 of 1777 adopted, they were appointed for 
 one year. The first one appointed for the 
 territory including Oneida county, was 
 William Colbrath. He was Sheriff of 
 Herkimer county when Oneida county was 
 organized in 1798. The Clerk of Herki 
 mer county at that time <"as Jonas Piatt 
 who resided at Whitestown in what is now 
 the village of Whitesboro, Oneida county. 
 This probably accounts for the fact that 
 the old records of deeds and mortgages 
 recorded in Herkimer county from its 
 organization in 1791 to 1798 are in 
 Oneida County Clerk's office. It was for- 
 tunate they were left here as the Herkimer 
 County Clerk's office was destroyed by tire 
 in 1804. There are very valuable records 
 in all counties west of Schenectady, in 
 matters pertaining to especially soldiers' 
 rights. 
 
 ONEIDA COUNTY. 
 
 Oneida county was organized in 1798. 
 At that time there were only three sessions 
 of the County Court or Court of Common 
 Pleas and General Sessions held within its 
 limits. The circuit of the Supreme Court 
 and Court of Oyer and Terminer was left 
 to the discretion of the Judges of those 
 courts. A court house and jail were to be 
 built within a mile of Fort Schuyler, 
 otherwise known as Fort Stauwix. at 
 Rome. The first court of record was the 
 Herkimer Common Pleas and General 
 Sessions, held at Whitestown in the meet- 
 ing house. The next was held at New 
 Hartford in a barn. At this time William 
 
 Colbrath was Sheriff, There were six in- 
 dictments found for assault and battery, at 
 these courts, but little other business was 
 done. Thus began the judicial history of 
 Oneida county and its Saeriffs. After this 
 all courts were held alternately at Whites- 
 town and Rome. The first circuit of the 
 Supreme Court and Court of Oyer and 
 Terminer was held at the school house 
 near Fort Stanwix, June 5, 1798. At this 
 court the Hon. James Kent presided with 
 the County Judge and Justices fot the 
 session. 
 
 THE FIRST MURDER TRIAL. 
 
 At this term of court occurred the trial 
 of Sylvia Wood, alias Brown, for murder. 
 Sylvia was charged with shooting her hus- 
 band while intoxicated, on their return 
 from the general election held at the vil- 
 lage of New Hartford. They lived south- 
 west of the village near Augusta. As I 
 write there lies befor me aphamplet giving 
 the proceedings of this unnatural case. It 
 was published at the time by the Whites- 
 town Oazette. From this sketch of her 
 life I learn that Sylvia was an unfortunate 
 and wayward woman. The vice of intem- 
 perance had wrecked and ruined her, and 
 she was now almost friendless and alone. 
 She was convicted and committed to Her- 
 kimer county jail to await her sentence. 
 After sentence she was remanded to jail for 
 execution. On the morning fixed for the 
 hanging she was found dead in her cell. 
 She had hanged herself to evade the death 
 penalty. Her body was cut down and 
 given to the surgeons to further the devel- 
 opment of medical science. Thus the gal 
 lows was cheated, but rum and surgery 
 had its victim. Before her death poor 
 Sylvia called down the vengence of heav- 
 en upon her destroyers and the doctors 
 who should mutilate her body. This so 
 anoyed the surgeon at New Hartford, who 
 did the cutting, that it became one of the 
 unhappy recollections of his life. It is un- 
 pleasant to recall these lessons of intem- 
 perance in the early history of Oneida 
 county. This was the most important 
 event in the term of Sheriff Colbrath. 
 
 ELIZUR MOSELEY. 
 
 January 1, 1799. Elizur Moseley was 
 appointed by the Governor to take the 
 place of Sheriff Colbrath. He at once 
 qualified and entered upon the discharge 
 of his official duties. His term was an un- 
 eventful one, nothing occurring outside of 
 his ordinary official business to attract 
 public attention. The courts met and 
 adjourned, after trying a few cases, 
 
principally for assault and battery. 
 Mosley was a resident of Whitestown and 
 a noble, public spirited citizen. There are 
 many things in the files of the old Gazette 
 that commend him for his generosity and 
 the faithful performance of his duty. 
 
 CHA.KLES C BRODHEAD. 
 
 In 1800 Chs.rles C. Brodhead, of Whites- 
 boro, was commissioned by Governor Jay 
 under the amended constitution to serve 
 three years After entering upon the dis- 
 charge of his duties he removed to Utica 
 and became prominent in its busines cir- 
 cles. He was one of the great men among 
 the early settlers. The records on file in 
 all the offices of the different counties at- 
 test his scholarship and accuracy as a 
 surveyor. He belonged to a family of il- 
 lustrious names. David Brodhead grand- 
 father of the Sheriff, was commissioned a 
 royal superintendent of Indian affairs by 
 the King of England. His father, Charles 
 Broadhead, was an officer in the British 
 army. He was with General Broadock at 
 the time of his memorable defeat by the 
 French and Indians in ambuscade. Dur- 
 ing the revolutionary war he favored the 
 colonies, but refused to violate the oath 
 he had taken on entering the service of the 
 British Government. His brothers all 
 served with distinction under Washington, 
 and in the House of Congress. The subject 
 of our sketch served in the Surveyor-Gen- 
 eral's office of the State and made the pre- 
 liminary surveys for the Erie canal. At the 
 time of his appointment he was regarded 
 as a leader among men. His term as 
 Sheriff was an eventful one ard would have 
 baffitid the genius and skill of a man of 
 less ability. Intemperance did a fearful 
 work among the Indians and many riots 
 occurred. But Brodhead's experience 
 with them and knowledge of their lan- 
 guage, gave him an iniiuence and power 
 that few other men possessed. At the 
 Court of Oyer and Terminer held at the 
 school house near Fort Stanwix, June 21, 
 1801, George Peters, a Montauk Indian, 
 was tried for murder and was convicted. 
 George killed his wife in a fit of anger 
 while intoxicated, Feburary 24, 1800, near 
 the village of Rome. He was executed by 
 Sheriff Brodhead on the hills west of 
 Whitesboro, August 28, 1801. This was 
 the first legal execution in Oneida county. 
 Crime was now rapidly increasing and it 
 became necessary to at once complete the 
 jail at Whitesboro. The records of the 
 General sessions held at Rome in 1802, 
 give his report of its completion. He now 
 turned his attention towards enforcing the 
 
 law against selling liquor to Indians. At 
 Ihe General Session in May, 1803, several 
 indictments were found. The most notor- 
 ious offender was Stephen Page, who was 
 convicted and fined $20 penalty and $10 
 costs. Other cases were disposed of in a 
 similar way. Brodhead was one of the 
 best Sheriffs in the Empire State. 
 
 JAMES S. KIPP. 
 
 The general election in 1803 was very 
 spirited and exciting. The contest be- 
 tween Thomas Jefferson, Democrat, and 
 Alexander Hamilton, Federalist, for Pres- 
 ident of the United States, was something 
 like the contests of more modern times. 
 George Clinton was elected Governor of 
 the State of NewYork on the ticket with 
 Jefferson. Oneida county had been strong- 
 ly Federal, but the loss of territory in the 
 St. Lawrence region made it very close. 
 A great Democratic celebrgJ;ion was now 
 held at Whitesboro, Oneida county. 
 Prominent among those present was the 
 young Democratic leader, James S. Kipp. 
 Governor Clinton admired his ability and 
 political promise and duly made him Sheriff 
 of the county for the ensuing three years. 
 Mr. Kipp was a resident of Utica and one 
 of its leading citizens. He owned at this 
 time a large portion of the land covered by 
 the Second, Third and Eleventh Wards. 
 He ciommenced in Utica as a business man, 
 but soon became ambitious to shine in 
 other spheres. His first public office 
 seems to have been in a military capacity 
 as inspector of militia, with the rank of 
 Major His next, that of Sheriff, which 
 he held by repeated appointment for nine 
 years. He was one of the first Board of 
 Directors of the Utica Bank, and in 1812, 
 a Presidential electors. His first residence 
 was on Main street, but he afterwards 
 built an elegant mansion on the westerly 
 side of Broadway. It was surrounded by 
 handsome parks and beautiful parade 
 grounds for military reviews. These were 
 impaired and finally rendered useless by 
 the construction of the Erie canal. He 
 was truly a representative man of the 
 county and the State. Generous almost to 
 a fault, the impress of his noble character 
 shines forth in almost every work of be- 
 nevolence, education and Christian ad- 
 vancement. As a Christian gentleman he 
 was loved and honored by all who knew 
 him. One of the places nearest to his 
 heart was Hamilton College. He was one 
 of its charter trustees and gloried in its 
 work of culture, learning and refinement. 
 During his three terms as Sheriff, many 
 sad and trying things occurred to test his 
 
kind and benevolent spirit. Amona: them 
 was the killing of Nathan Allen while 
 hunting, near Augusta. The murderer 
 was a drunken, revengeful Indian. An- 
 other was the great Indian riot at Oriskany 
 in which several Indians were killed. But 
 the saddest of all was the Halleck tragedy 
 at Westmoreland. Betsey Halleck, who 
 was once a kind and indulgent mother, in 
 a fit of insanity slew her four daughters 
 and then took her own life. Before per- 
 forming this aivful deed she prepared 
 shrouds for each and neatly laid them 
 away for her victims. The real cause of 
 her trouble remains a mystery, but those 
 who knew her best thought it a religious 
 delusion. She sought to remove herself 
 and children from the sorrow and troubles 
 of a cold and selfish world. The great 
 trouble in Kipp's first term was caused by 
 illegal sale of liquor. The law was now such 
 that Sheriffs were appointed for one year 
 or during the pleasure of the Governor. 
 
 BENAJAH MERRILL. 
 
 On the staff of Sheriff Kipp was Bena- 
 jah Merrill, of New Hartford. He was a 
 good auctioneer &nd a profitable man in 
 the ofiice. When the State administration 
 changed in 1807, he was appointed Sheriff 
 and served one year. He then yielded the 
 office to Kipp. Kipp now again served 
 two years. Merrill had removed to Utica 
 and resided on Hotel street. In 1810 he 
 was again appointed Sheriff and served 
 one year and then agrin yielded to Kipp. 
 , Nothing of any great moment seems to 
 have transpired while Merrill was Sheriff. 
 He was a very stirring and earnest man in 
 business but not as successful as he was de- 
 serving. He was an adroit politician and 
 popular with the people. Kipp now served 
 until 1815 — four year^. This is what was 
 then known in the Sheriff's ofiice as the 
 war period. There were several Indian 
 riots and the great military riot under 
 General Oliver Collins. During the war 
 of 1812 Utica was a great central camping 
 ground. 
 
 THE GREAT COURT MARTIAL. 
 
 When the militia were summoned to the 
 front in the war of 1812, many refused to 
 go, some from fear and others from convic- 
 tion of what they thought right. Many 
 others deserted and ran away from their 
 commands at Sackett's Harbor. After the 
 excitement was over General Collins or- 
 dered a general court martial at Utica. A 
 fearful riot occurred and The power of the 
 county was required to prevent ser- 
 ious disorder and bloodshed. This 
 brought the Sheriff in charge as the Chief 
 
 Executive officer of the county. Finally 
 the court was organized and conducted at 
 the New England House kept by Major 
 John Bellinger. The prisoners were duly 
 tried and convicted. The sentences varied 
 according to the enormity of the offense. 
 When the judgment was about to be car- 
 ried into effect, a-other large crowd as- 
 sembled and offered resistence. The loyal 
 element of the military was now called out 
 and General Collins, who was in command, 
 ordered them to load and if necessary tire. 
 The mob seeing that the Sheriff and Gen- 
 eral meant business gave way and dis- 
 persed. The culprits were then drummed 
 out of town under guard as far as Deerfield 
 Corners. While the United States Arsenal 
 was being built by the Government at 
 Rome, several similar disturbances broke 
 out calling for prompt and decisive action 
 on the part of the Sheriff. Kipp being 
 both a military man and model officer, was 
 always equal to the task, and great respon- 
 sponsibility of the Sheriff's office. 
 
 APOLLOS COOPER. 
 
 ApoUos Cooper, another of Utlca's pio- 
 neers and most distinguished citizens, was 
 appointed to succeed James S. Kipp in 
 1815. He was a carpenter, designer and 
 architect. His residence was on Whites- 
 boro street. The substantial Mohawk 
 river bridge was the work of his skill, 
 also the plans for Hamilton Academy, n 'W 
 Hamilton College. For several terms he 
 represented the county in the Legislature, 
 and was also one of its Judges. Having 
 located in the county in his younger days 
 he secured a large acquaintance and faith- 
 ful followmg, If there were any differ- 
 ences in the community he was sought as 
 an honest and fearless arbiter. Self-re- 
 liant and outspoken he was positive in 
 his convictions and fearless in the dis- 
 charge of every duty. He was in all 
 things a Christian gentleman and an hon- 
 orable, upright, citizen. Educated in 
 public life he was well qualified for the 
 office and dignity of Sheriff. He served 
 four years. The first capital crime calling 
 for investigation was that of John Park- 
 man, killed at Westmoreland. The case 
 required much skill and care. Parkman 
 was shot while lying in bed with a sick 
 child. He had for some time kept a dog 
 that was disliked in the community and 
 many had threatened to kill him, On the 
 night of the murder the dog was heard to 
 bark about the time Parkman was hit. 
 The facts developed a case aga'nst one 
 John Smith, who shot at the dog and 
 
killed its'master. Smith was convicted of 
 manslaughter and sent to State Prison for 
 a term of three years. This case was 
 hardly disposed of when a row occurred 
 at a general training held at Hampton be 
 tween a number of drunken militiamen, 
 and a young man by the name of Judson 
 was shot and mortally wounded. Then 
 followed the murder of Joseph Tuhi by 
 John Tuhi. They were brothers and had 
 been to a general training at Clinton, 
 where they became intoxioated and quar- 
 relled over a sum of money, In the melee 
 John struck Joseph with an ax and killed 
 him outright. This was May 17, 1817. 
 He was indicted, tried and convicted and 
 sentenced to be hanged July 25, of the 
 same year. At the appointed time and 
 place, at the head of John street, and per- 
 haps in what is now Rutger Place he was 
 duly executed. He was pinioned and pre- 
 
 gared by Under Sheriff John B. Pease, the 
 heriff sitting upon his horse near by in 
 full military dress. When the services 
 had concluded the Sheriff rode up to the 
 scaffold and drew his broad sword, sever- 
 ing the rope that held the trap and John 
 Tuhi was swung into eternity. There was 
 a motley, drunken crowd present but no 
 serious disturbance occurred. Then came 
 the mysterious drowning of William Lord 
 at Fish Creek while intoxicated. Many 
 mysterious drownings have taken place 
 at this same place from which it derives 
 the name Rum Hole. Several have been 
 indicted for these offenses. These were 
 terrible years of crime and public disturb- 
 ances, 
 
 BURNING OF THE ROME JAIL. 
 
 One of the most revolting disasters in 
 the history of the county, was the burn- 
 ing of the Rome Jail. John Harris, John 
 Denney, James O'Brien, David Linus and 
 Roswell T. Pratt were indicted for murder 
 and arson by reason of their efforts to de- 
 stroy this place of criminal restraint. They 
 were confined there as prisoners, and on 
 the night of the 19th of August, 1817, set 
 fire to the building. They succeeded in 
 effecting their own escape, but an old man 
 named Elisha flreen was suffocated and 
 burned to ashes. There were a large num- 
 ber of other prisoner?, badly injured and 
 taken out for dead. .The culprits were at 
 once captured by the Sheriff and his officers 
 and indicted, tried and convicted of murder 
 in the first degree. They were duly sen- 
 tenced to be hanged on the second Friday 
 of February. 1818. The gallows was 
 erected and all things prepared for the ex- 
 ecution. When the day arrived, upon the 
 caffold stood the Sheriff and the con- 
 
 demned prisoners. They were pinioned 
 and their shrouds and their coffins awaited 
 them. A large concourse of people stood 
 as eager, anxiously awaiting witnesses. 
 The first man was approaching the instru- 
 ment of death. A painful silence pre- 
 vailed among the almost breathless, surg- 
 ing crowd below, when a messenger from 
 the Governor appeared upon the stage and 
 read a reprieve staying the execution and 
 changing the sentence to imprisonment for 
 life. He gave as a reason for his action 
 newly discovered evidence showing that 
 Green took part in the burniiig and was 
 suffocated while engaged in the crime. 
 Denney and Linus were Oneida Indians, 
 confined for assault and larceny while in- 
 toxicated. Thus ended one of the most 
 important events in the criminal history of 
 Oneida county. 
 
 JOHN B. PEASE. 
 
 The efficient Under Sheriff, Jobn B. 
 Pease, succeeded Apollos Cooper in 1819, 
 and served two years. He continued to 
 conduct the office in the same manner as 
 his predecessors. Perhaps no man then 
 living had a more thorough knowledge of 
 the duties of the office. He was a man of 
 fine presence, good ability and very popu- 
 lar with the people. For years he was a 
 resident of Whitestown. The action of 
 the Governor in commuting the sentences 
 of the Rome jail fire bugs had a bad effect 
 on the criminal classes. Minor crimes 
 greatly increased and juries became very 
 cautious in convincing in the higer de- 
 grees. John, or Nathan Paul and Maria 
 Bushnell were indicted for murder but 
 convicted of manslaughter. A great riot 
 occurred at Utica at a general celebration 
 in Pease's first year, but was finally 
 quelled by the posse from the Sheriff's of- 
 fice. The cause of the disturbance was 
 too many Indians and too much whisky. 
 In 1830 a grand reception and banquet was 
 given in Utica to General La Fayette, who 
 honored the county with his presence. 
 The Sheriff and his staff figured very 
 prominently in the proceedings on this oc- 
 casion. The celebration was one of the 
 most successful ever held in Central New 
 York. 
 
 JOHN E. HINMAN. 
 
 John E. Hinman, of Utica, became the 
 next Sheriff of the county. He was an 
 old and honored citizen, having come to 
 Utica with his father from Little Falls in 
 1797. His military experience through the 
 various grades to Colonel of the 134th 
 Regiment of New York State Militia and 
 as Deputy Sheriff made him a very com- 
 
8 
 
 petent man for the office. He assumed 
 the duties of Sheriff in February, 1821. 
 The accounts given of his conduct in 
 courts show that he was very dignified in 
 office and popular with tJie people. He 
 served under his appointment until the of- 
 fice became elective, and in November. 
 1822, was elected by an overwhelming ma- 
 jority to serve three years more. Affable 
 in manner, shrewd in business, ambitious 
 and kindhearted, he soon became one of 
 the great political leaders of his time. In 
 1849 he was defeated for State Senator 
 and in 1850 elected Mayor of Utica, and by 
 successive elections held the office three 
 years. It will be remembered that this 
 was during the time of the great fires and 
 riots among rival companies. A man of 
 less ability and experience would have 
 shrunk from the task and avoided the 
 great responsibility. With the Mayoralty 
 ended his political career. There were 
 two murder trials while he was Sheriff but 
 they resulted in convictions for man- 
 slaughter only. They were the sons of 
 Francis Aaron and Peter B. Pringle. In 
 November, 1823, the people were shocked 
 by the great Indian disturbances near the 
 Reservation and the wounding ol several 
 of their number. The cause was land 
 trespass and fire water. These were 
 hardly quieted by the Sheriff when oc- 
 ccurred the more shocking disturbance at 
 Clinton. 
 
 RIOT AT HAMILTON COLLEGE. 
 
 On the heghts of a beautiful sloping 
 rise of ground, twelve miles southwest of 
 Utica, stands Hamilton College. It has 
 been the soene of many disputes and dis- 
 terbances among teachers and scholars, 
 but the most astounding one of all was 
 the riot of 1823. There was a tutor in the 
 school who had made himself obnoxious 
 to many of the students and they were 
 bound to drive him out. While the of 
 fensive teacher was quietly sleeping in his 
 room one night, they loaded, plugged and 
 sanded a cannon and fired it in a hall near 
 his door. The result was that it nearly 
 ruined part of the building and tore in tat- 
 ters the clothing and bed of the tutor. His 
 escape from instant death was almost mirac- 
 lous. The evidence was taken by the 
 proper authorities and the Sheriff and his 
 clerk.but the matter was finally allowed to 
 rest through the influence of the college 
 authorities. May 9, of the following 
 year, occurred the killing of David Free- 
 man by Irod Morse. Both had been hunt- 
 ing, Morse carrying a gun and Freeman a 
 bottle of whisky. Freeman was only a 
 
 boy about 17 years of age. Morse was a 
 drunken brute and for some unknown 
 cause shot and killed the boy in a fit of 
 anger. He was indicted for murder in 
 the first degree and promptly tried and 
 convicted. The sentence fixed the hang- 
 ing for December 24, 1824. His sentence 
 was finally commuted to imprisonment for 
 life. Drunkenness in this case was made 
 an excuse for crime. Hinman was a model 
 Sheriff and successful politician, being 
 the recognized leader of the Democracy in 
 the county. 
 
 DAVID PIERSGN. 
 
 The Sheriff's office seems to have been 
 a great political machine from its origin 
 more than a thousand years ago. Thus it 
 was that Deputy David Pierson was elected 
 to succeed Hiaman in the fall of 1825, and 
 thus it has been many times ever since. 
 Pierson, like Hinman, was a politician, 
 shrewd and sagacious. Utica was his 
 heaquarters. His term opened in 1826, 
 with the indictment, trial and conviction 
 of Cata John and John Church for mur- 
 der. Like the rest of the murderers of the 
 times they were reprieved and finally com- 
 mitted for manslaughter. In 1827 the 
 Sheriff broke up a gang of counterfeiters 
 in Utica. Among them were Richard 
 Mark, Peter De Long, John Prince and 
 David De Long, These were all tried and 
 convicted. It will be remembered that we 
 only had State banks in those days. Then 
 came the Utica riots and the indictnent and 
 trial of two of its most prominent citizens. 
 
 It is amusing to study the old criminal 
 records in the County Clerk's Office and 
 find the names of so many illustrious men 
 who have in their younger days been in the 
 custody of the law. I shall only mention 
 those cases where they are prominent and 
 recognized as such in the record. The 
 misdemeanor calendar in the Court of Ses- 
 sions was very large. The most exciting 
 case was the jail breaking by Charles Met- 
 calf at Utica. Pierson had a very quiet 
 term. 
 
 January 1, 1829, John E. Hinman again 
 entered upon the duties of Sheriff for a 
 term of three more years. He was now 
 very wealthy and his wife had a large for- 
 tune of her own. He seemed to like office 
 and the fascination of political life The 
 Loomis gang in Sangerfield had now com- 
 menced their depredations, and Hinman 
 was determined to break them up if possi- 
 ble. Several indictments were found for 
 assaults and grand larceny. At almost 
 every court for years they figured con- 
 spicuously. Complaints were made 
 
9 
 
 against them for horse stealing, riot, mur- and well managed. He then made a raid 
 derous assaults and unlawfully assembly, on a gang of young counterfeiters on Paris 
 Abram Newbury, John C. Drummond, Hill. " It was composed of some of the 
 Isaac Harrington, Every Hilland and most promising young men of the county. 
 Lyman Blake were tried and convicted. They were out of the best families, well 
 Then occurred the fearful riot in West- educated and discreet. Their downfall 
 moreland, for which Grant Adams, Israel was greatly due to the lawlessness by 
 S.Adams, John Soleis, Anson Pratt and which they were surrounded. TheLoorais 
 Lelley Hutchinson were indicted and tried, gang were their near neighbors. Great 
 The Sheriff then turned his atten- diligence and prudence had to be used in 
 tion to another gang of counterfeiters at finding out their operations. They were 
 Utica, and soon had in custody John finally caught, indicted and convicted. 
 Drew, the leader of the gang. He was Hiram W. Meeker, Daniel Head. Oran 
 convicted and imprisoned. A gambling Head and George Brown were all sent to 
 hell at Utica was also broken up and Will- States Prison for the offense. These trials 
 fam Howard, the proprietor, was convicted were among the most celebrated ever had 
 and punished for the offense. It must be in the county, eminent counsel being en- 
 remembered that the Sheriff, Under gaged on both sides. Great regret was 
 Sheriff and a few deputies did most of the universally expressed that such talented 
 business in those days. Hinman was so young men should be classed as criminals, 
 interested in all the industrial enterprises But the condition of things in society de- 
 of the city that he took a great pride in manded the severest punishment. In 1835 
 enforcing the law. came the great slavery agitation. The first 
 
 SAMUEL M. MOTT. Convention was held at Utica and a riot en- 
 
 Samuel M. Mott was the next Sheriff of f'^^' , ^^^legates were driven from pillar 
 the county for three years. He was at the f? P^'*, and were msulted by a noisy ma- 
 time of election a popular politician. '^^^^^^ f""^' Conferences were held at 
 There doesn't seem to have been much vlS?JtX^^^'^A ^^^''^- ^^nl'^^t' ^'k ^ 
 done by him outside of the ordinary SL^i^rT?-^"? ?T''* S^'^'P^^' 5?" 
 routine of business. His term was the be- ^^T T^^ ^''^""^^ ""^ ST^? ?i«^o°^- ^I- 
 ginning of the strife for the office to make °^"^ 'l ^^^ f"*°Sed to hold a general 
 
 money^out of it. The population ^Tw'''' ^'^^''^'' ^V* *^' F°I'''* ^°"''/ 
 of the county had increased so fast that it ?^* before it convened a protest was got- 
 now became a good paying office-proD- tf n up by its opponents and of the most 
 ably worth from $5,000 to $8,000 per disgraceful scenes ensued that ever dark- 
 year. There were several disturbances lTni*nf%r ^^^^'. -^ fiVr^'^''^^^-^- ^^! 
 klong the line of the canal. Harmon Car- '^'''^ °f the patriot is filled with disgust 
 pentir, Harmon Carpenter, Jr., Jonathan f? Z^ TJ ^^""K ^^°'' ^^ ^""""^ these en- 
 Whaley, Professor Whaley were arrested, lig^itened days of human progress The 
 tried and convicted of unlawful assembly! convention finally met at the Bleecker 
 John Griffiths and James Peek were in- ^^""^^^ Presbyterian Church but was 
 dieted and tried for murder. 
 
 Rooney. Mott was more of « uuoiucoo „„„ - ,, ^ .. »t . ., ou -^ 
 man than executive officer. ^^^, ^^ii ^% ^^^"^ that the Shenff and 
 
 Erastus Willard, a Vernon farmer, sue- ^"J^^ §ii^"? were Whigs and in sym 
 ceeded Mott. He was an old time Whig Pf ^^^ ^'^^ their righteous cause. More 
 and bright political manager. His son, I ^^^"^ * ^^^/^ ^^i^? f.^'V^^^? ^v^* ^^^^""^ 
 lawyer of Utica, acted at Under Sheriff T^ere arrested and indicted at the Decem- 
 and the two did all the Sheriff's business ^"^ Sessions. The ranks of the old-lme 
 in the county. The old members of the democrats and slavery advocates contained 
 
 "ek were in '-'^'■^'^^ j. icoujucnau v^iiun.;u uuu was 
 
 Akn Rnffh l>roken up and the participants compelled 
 
 fa business *° adjourn to the village of Peterboro. It 
 
 bar say they both made themselves com 
 fortably rich. Their plans were well laid 
 and fearlessly executed. They first cen- 
 tered their fire on the Loomis gang. Most 
 of them were indicted, tried and con- 
 victed, George Washington Loomis being 
 among the number. The courts com- 
 menced their judicial decisions by impos 
 
 ing a fine of $50 and costs. Of course the county, and especially the city of Uticay 
 penalty went to the county and costs to His term was conducted in a quiet and 
 the Sheriff, It was a good job however business like manner. The criminal cal- 
 
 some of the most distinguished men of 
 Utica and some of its officials They were 
 orderly but their influence created the 
 mob. 
 
 GEN. LYMAN CURTISS. 
 
 Lyman Curtiss succeeded Willard Jan- 
 uary 1, 1838. He was a business man and 
 greatly interested In the affairs of the 
 
10 
 
 endar was loaded down with felonies and land^ not covered by our process. Hiring a 
 misdemeanors. These were principally conveyance at Waterville we proceeded to 
 from the city and incorporated villages, the farm. After passing through the village 
 At the Oyer and Terminer, October 11, the Surveyor pointed to a high hill south 
 1839, occurred the trial of Robert Miller of us and said it was on the Loomis farm, 
 for murder. He was a resident of Water and the house on the north side was the 
 street. In the city of Utica, and loved his residence of Plumb Loomis. In the dis- 
 little brown jug, not wisely but too well, tance it looked like a sugar loaf. It was 
 Barney Leddy was one of his warmest raining some and at times this hill would 
 friends, and he too was fend of his liquor, be hid from view by the pouring clouds. 
 They both took too much one night and It is about five miles distant from the vil- 
 quarrelled over a trilling matter. Millar lage and our ride was over hills and down 
 grabbed a club and slew poor Barney. He the valleys. As we neared the place 
 then stripped the unfortunate victim of his the Surveyor pointed to the dark 
 drunken rage of all his clothing and cedar swamp stretching from Sangerfield 
 stamped them in the mud in his cellar, in Oneida county many miles into Madison 
 Then taking the body he sought to burn it county. In viewing it from the outside it 
 and destroy all evidence of his crime. He would seem to be impossible for any one 
 was however caught in time and indicted, to find stolen horses or property secreted 
 tried and convicted and sentenced to be in its midst. It is a fearfully dark, dismal 
 hung on the second clay of December, swamp. We helped to survey parts of it 
 1839. A respite was granted for a few for the purpose of the partition. On 
 days and then he was executed in the jail reaching the farm the Surveyor, who was 
 yard at Whitesboro. Many dangerous and an old resident of the town, pointed out 
 corrupt manipulations now crept into the the spot where stood the old family 
 politics of Oneida county. residence for years, the place of meeting 
 
 THE LOOMIS FARM. i° secret conclave. Nothing now remains 
 
 ^, ^ . -, . 1 J 1 of the building but the blackened walls 
 
 The notorious Loomis gang had long ^^^ ^^^^^^ ^^^j^^ j^ ^^^^^ j^ ^j^^ ^^^^ 
 
 been growing in influence and ^ power, ^i^ere "Wash" was hanged until dead by 
 
 They were a strong political factor for 
 candidates of their lik'ng. They had 
 their followers in every part of Oneida 
 county. Their hiding places were among 
 the mountainous hills of northern Madison 
 county and the dark cedar swamp on the 
 Unadilla creek. There were also dens in 
 
 the infuriated mob a score and a half years 
 ago. Near by is the limb where Plumb 
 was hung and left for dead at the same 
 riot. The fences and bushes have been 
 cut and splintered by curiosity seekers dur- 
 ing the years gone by. The house stands 
 
 ;eK. luere were aisu ^l«"^^^ ^t the junction of the road leading fro-n 
 the swamps above Rome and along Oneida piy^^b's residence on the slope of the 
 Lake. Some of the family yet reside m j^^^^ ^^^ ^^^ ^^^^ ^^^^ j^^^.^ ^^ Madison, 
 that locahtjr. All manners of stories are ^g. ^ ^^^ ^^^^ ^^^^ ^^ ^^^ ftrm house be- 
 told of the iron clad oath with which tliey ^fand proceeded to survey the farm 
 bound those admitted to the secrets of the ^^^ dispossess Plumb and his tenants, 
 gang. As much must necessarily be said commencing on the top of the hill with 
 of their exploits and lawless deeds.it may ^^^ ^^^^^^ beneath us, we righted our com- 
 be wise to give some Idea of their great ^^ and chained to the midst of the great 
 Sangerfield farm consisting of severa ^^amp in the valley. Here we met Plumb 
 hundred acres The author had the last ^nd several men. He was in a rage and 
 legal bout with them about a year ago. 
 They and their descendants are now liti- 
 gating among themselves. The great farm 
 is being cut up and divided under proceed- 
 ings commenced by Dexter E. Pomeroy 
 for his two children, who are heirs and 
 legatees of a part of the estate. The only 
 original leader left on the farm is Plumb, 
 who was indicted lately for forcibly taking 
 
 men. 
 
 belched forth a war of angry words. 
 When we advanced to make the arrest, in 
 case of resistance they all retired. This 
 was Plumb's first retreat and complete 
 surrender. Afterwards he came armed 
 with rifle and ax to retake part of another 
 piece fo^* which he stands indicted. 
 
 After he had retired we gave legal pos- 
 session to Harry Morgan, the purchaser. 
 
 possession of lands set apart to his nephew ^j^^ ^^^^ ^ ^^^^ ^^ overlooking the sur 
 
 and nieces We received our papers and rounding country, was a good' place to 
 
 as Plumb had threatened to dispose of any ^^^^^ ^^^ approach of hostile parties. It 
 
 one setting foot on the soil of the old farm, .^ ^^.^ ^^^^ ^^^^ ^^^ Loomises were in 
 
 we took au assistant and Surveyor with us j^^j^, .^^ ^^^ ^^^ ^^^^ ^^ Oneida 
 
 so as to be sure and not trespass on any ^ 
 
11 
 
 county very close, that they controlled its 
 candidates, some times in one party and 
 sometimes in another. They were well 
 educated and out of one of the best New 
 England families Why they became 
 criminals no one can tell. The only excuse 
 given is that the excitement is fascinating. 
 This is the excuse of almost every crimi- 
 nal. We shall speak of the events con- 
 nected with this family as they occurred 
 under the different Sheriffs of Oneida 
 county. Other counties on the south had 
 a similar experience. Their political dis- 
 tinction and approaching poverty is a 
 warning to all men who seek by such 
 means to get notoriety, power and riches, 
 and by unlawful means obtain the ob- 
 noxious title of an infamous hero. 
 
 DAVID MOULTON. 
 
 Perhaps no man in Oneida county had a 
 more extensive personal acquaintance than 
 Col. Davia Moulton. He was Military 
 Commander, Supervisor, Legislator and 
 Sheriff'. David's life experience was varied 
 and eventful, both as farmer, politician 
 and business manager. Few lawyers 
 could equal him in the trial of a case, few 
 possessed his genius and skill. He was 
 sharp and sarcastic and full of wit and 
 humor. As leader of the Democracy he 
 seldom failed in a canvass. His motto 
 was "anything to win" and "to the victor 
 belongs the spoils." At times this senti- 
 ment seemed to drown his sense of public 
 honor. He assumed the office and duties 
 of Sheriff in the month of January, 1841. 
 Socially he was a charming success, but 
 as an executive a failure. He located the 
 office at Rome and entered upon the dis- 
 charge of his duties. For several years 
 the celebrated McLeod case hi»,d occupied 
 the attention of the American people, and 
 for several years the United States and 
 British Governments were in conflict as to 
 the rights of the accused. Alexander Mc- 
 Leod was indicted in Niagara county for 
 burning the Steamer Caroline and murder- 
 ing one of her crew at Schlosser and then 
 running the boat over Niagara Falls, De- 
 cember 30, 1837. He was a British sub 
 ject and claimed the protection of the 
 British flag. His government granted his 
 request and engaged Joshua A. Spencer, 
 of Utica, to defend him. Spencer was at 
 the time United States District Attorney 
 for Northern New York. A long con- 
 troversy grew out of this as to the right of 
 a commissioned officer of the government 
 to defend a foreign subject where questions 
 were involved that might call for a resort 
 to arms. These discussions may be found 
 
 in the State papers of Governor William 
 H. Seward, President John Tyler and the 
 eminent Secretary of State, Daniel Webster. 
 Also in the history of the trial. They are 
 voluminous and extensive. At one time 
 during the proceedings General Scott was 
 ordered to take command of the troops in 
 this State and repel the threatened inva- 
 sion. The Chief Justice of the State and 
 the Attorney General were directed to ap- 
 pear as Judge and prosecutor. But finally 
 Mr. Spencer succeeded in getting a change 
 of venue and trial in Oneida county. The 
 prisoner was then removed from Lockport 
 to the jail at Whitesboro. Sheriff Moul- 
 ton now had the care and custody of the 
 prisoner. In this case the State paid the 
 expenses of the Sheriff and thirty extra 
 deputies. Under the proclamation of the 
 Governor a voluntary company of artillery- 
 men, consisting of one hundred men, was 
 organized in the county. The militia 
 was put under marching orders and the 
 jail was constantly guarded. The author's 
 father, Captain Thomas Bielby, was in 
 command of one of these companies. 
 "W hitesboro was quite a military headquar- 
 ters. Military officers of the United 
 States Regular Army were also present. 
 Spies from a Canadian band of patriots 
 and squads of armed men were reported 
 by the Sheriff to be prowling about the 
 county, and some of them were encamped 
 in the forests near Utica. 
 
 It was also reported to the British gov- 
 ernment that an armed band of men from 
 the frontiers were marching to Utica to re- 
 lease and murder McLeod. This com- 
 pelled the Secretary of War to see that the 
 prisoner was properly guarded and pro- 
 tected. Finally the case came on for trial 
 in the Academy at Utica before Hon. Philo 
 Gridley, the County Judge and the Justices 
 for the Sessions. Hon. J. L. Wood, Dis- 
 trict Attorney for Niagara county, and 
 Hon. Timothy Jenkins, for Oneida county, 
 represented the State. Gardner and Brad- 
 ley were attorneys, and Hon. Joshua A. 
 Spencer counsel for the prisoner. The 
 name of the man murdered on the burned 
 boat was Amos Durfee. The trial lasted 
 several days; thirty- three witnesses were 
 sworn for the people and fourteen for the 
 defense. This was Mr. Spencer's greatest 
 case and won for him a great reputation in 
 England. He secured an acquittal of the 
 prisoner. It was a very expensive pro- 
 ceeding for the State and National Gov- 
 ernrnents, and at one time, when the 
 British Government assumed the responsi- 
 bility of the case, threatened a war with 
 
12 
 
 England. This great trial and the other 
 duties of the hour was a great temptation 
 to Sheriff Moulton to make money. The 
 affairs of the Sheriff's department became 
 complicated and suspicious. Various 
 complaints were made and finally charges 
 preferred to the Governor. One charge 
 was that he neglected his duty and re- 
 vealed the finding of an indictment to a 
 prisoner after a requisition had been issued. 
 and for a monied consideration on a pre- 
 tended settlement, and then allowed the 
 prisoner to escape. For this Governor 
 Seward, who issued the requisition, re- 
 moved him from office. There was apparent- 
 ly much questionable practice between 
 Moulton and the prosecuting officer. The 
 Governor removed six sheriffs and other 
 officers the same year. A full record of 
 the proceedings may be found in the State 
 papers of William H. Seward and the 
 memoirs written by his daughter. Gov. 
 Seward was a great man and model Gov- 
 ernor. Moulton's light as Sheriff went out 
 ingloriously, and as the Governor says for 
 want of moral honesty. It is but just to 
 say of this able and in many respects bril- 
 liant man that the electors were largely to 
 blame. There was a looseness in party 
 management and the corrupt use of money 
 that led to these things and caused his of- 
 ficial embarrassment The Loomis' and 
 other gangs of corrupt men were courted 
 for their numerical strength in votes. Such 
 organizations should be discountenanced by 
 all parties and denounced. Any candi- 
 date who will cater to the low, criminal ele- 
 ments to gain power will make an unsafe 
 and dangerous, official. The Sheriff's of- 
 fice never should fall into such hands. He 
 can shield the bad and prevent their pun- 
 ishment or turn them loose to plunder the 
 community. He should be a capable and 
 honest man, with fixed principles and a 
 determination to execute all processes of 
 the courts without fear or favor, yet with- 
 out extortion, fraud or oppression. We 
 have learned of whole counties caused to 
 be bonded by bad Sheriffs catering to 
 lawless, riotous persons and permitting de- 
 struction of property. The value of 
 property depends upon the protection 
 given it by law, as well as invested labor 
 or wealth. If the law is not respected and 
 rigidly enforced, the products of toil and 
 the savings of centuries may be swept 
 away in a few hours. Aye, even insur- 
 anee companies may be broken down and 
 dissolved. Intelligence, honesty and in- 
 tegrity are the foundation of our govern- 
 ment. Moulton was once independenly 
 
 rich, but his fortune gradually disap- 
 peared, until came the great financial 
 crash which swept his estate away and 
 caused his ruin. 
 
 THEODORE S. FAXTON. 
 
 Away back in the early days of the 
 nineteenth century there came to Utica a 
 poor, penniless hard-working boy. His 
 first employment seemed to have been upon 
 the public streets. He was poor indeed 
 in this world's goods, yet rich in integrity 
 and sterling worth. And from the begin- 
 ning he was honest and upright in all his 
 dealings. Men trusted him because they 
 believed in him ; they employed him for 
 his fidelity to their interests and firm con- 
 victions of eternal truth. On the removal 
 of David Moulton, such a man was sought 
 by Governor William H. Seward to fill 
 the office of Sheriff of Oneida county, and 
 such a man was Theodore S. Faxton. He 
 was at once commissioned by the Governor 
 and entered upon the discharge of his duties. 
 He had been a permament resident of the 
 city and village since 1812. At that time 
 he was a stage driver and held the reins 
 until 1817, when he commenced to engage 
 in other occupations. In 1825 he con- 
 sented, however, to drive six dashing 
 grays when attached to the carriage that 
 bore General La Fayette to the grand re- 
 ception given in his honor by our loyal 
 citizens. The great and noble deeds of 
 this noble man are still fresh in the mem- 
 ory of our people. He was ever on the 
 watch to do good and advance the cause 
 of science and Christian civilization He 
 was one of the earnest men who devel- 
 oped the great invention known as the 
 magnetic telegraph. There is hardly an 
 industrial enterprise in Utica but what 
 bears the impress of his genius and skill. 
 Her woolen and cotton mills, her Faxton 
 Schools and FaxtOu Homes, Masonry, Odd 
 Fellowship, the Christian churches, and 
 last sleeping place of the faithful dead, 
 all reveal grand evidence of his love for 
 his adopted home and Christian benevo- 
 lence. He was in full political sympathy 
 with the great War Secretary and gloiiea 
 in the achievement of his party as it 
 moved forward in the full front of human 
 progress and human freedom. His ap- 
 pointment removed the office from Rome to 
 l)tica. As Sheriff, he was a grand success. 
 His term was short, but it was brilliant 
 and sparkled with Christian truth and love 
 of justice. With him as Sheriff, people 
 honored the office, and the law was re- 
 spected and obeyed. And so it is in all 
 things, when good men have power, the 
 
13 
 
 wicked tremble, and life and property, 
 and all our sacred franchises, are secure 
 and safe. 
 
 ISKAEL S. PARKER. 
 
 When Governor Bouck succeeded Sew- 
 ard and was duly installed in the Guber- 
 natorial chair, he appointed Israel S. 
 Parker of Rome, to take the place of Fax- 
 ton as Sheriff of Oneida county. Faxton 
 had not been removed and there was not 
 the slightest cause for his renaoval except 
 his politics. This renewed the great po- 
 litical battle between Rome and Utica, and 
 it seems it has been raging ever since. 
 The affairs of the office now became very 
 complicated. Parker's commission was 
 dated January 13, 1843. He duly quali- 
 fied by filing his bonds and taking the 
 oath of office. A notice of his appoint- 
 ment and qualification duly certified by 
 the clerk, were duly served upon Faxton 
 with a demand for the possession of the of- 
 fice. Then came a long and expensive 
 litigation. The principal point involved 
 was as to the right of the Governor to dis- 
 place Faxton by appointing a successor 
 without formal charges being preferred. 
 The facts in the case and opinion of the 
 learned Chief Justice, may be found in 
 the 6th of Hill reports, at page 49 The 
 court sustained the appointment. This re- 
 moved the Sheriff's office back to Rome. 
 No other matters of great historical sig- 
 nificance occurred during Parker's term as 
 Sheriff. A bitter political campaign fol- 
 lowed between the rival county seats. This 
 campaign resulted in the election of 
 Palmer V. Kellogg, of Utica. for Slieriff 
 of Oneida county for the ensuing term. 
 
 PALMER V. KELLOGG. 
 
 It would be hard to find in the city, 
 county or State, a more successful business 
 man than Palmer V. Kellogg. He was a 
 man of fine presence and pleasant address. 
 Few men succeeded better in the business 
 world. His shrewd and ingenious schem- 
 ing to foil and outwit a competitor is with- 
 out parallel in mercantile enterprises. 
 Hundreds living to day will remember his 
 great clothing stores in Franklin Square 
 and on the east side of Genesee street, be- 
 low the bridge. His ambition was to suc- 
 ceed iu life and make money, aod he suc- 
 ceeded. He entered the political arena 
 with tbe same motto and the same 
 methods. In this h" succeeded once 
 and then failed. With his money 
 he sought to organize the saloons 
 and liquor elements in his favor, thinking 
 they had power to carry him through. 
 
 Thousands of dollars were banked in this 
 way and thousands of dollars were sunk 
 with no return. Others delivered the 
 goods that brought him votes. To enable 
 his managers to carry out his designs he 
 Invented what is known as the "eel skin" 
 or paster. Out of this has a;rown the tissue 
 paper and other ingenious devices. He 
 was elected Sheriff in 1843, and in the fol- 
 lowing January duly entered upon the dis- 
 charge of his duties. A large share of the 
 business during his uneventful term vvas 
 done by deputies. Being ambitious to gain 
 favor with the people he was liberal with 
 his patronage and generous with his 
 money. He wanted to go to Congress, but 
 the lamented and honored Roscoe Conkling 
 was now rapidly climbing the ladder of 
 fame, and was the idol of the masses. In 
 after years they were pitted against each 
 other, Conkling on the regular Republican 
 ticket and Kellogg on the combination. 
 Conkling was elected and this blasted 
 Kellogg's ambition for political favor. He 
 returned to his business and prospered for 
 a time in Utica and then removed to Chi- 
 cago. Here he amassed a fortune and be- 
 came one of its most esteemed business 
 men. He lived to a good old age and died 
 crowned with riches and honor. 
 
 LESTER BARKER. 
 
 In January, 1847, Lester Barker, the 
 genial and happy drover, of Clinton, hav- 
 ing been elected, duly qualified and 
 assumed the responsibility of Sheriff. He 
 was deservedly popular and well thought 
 of by citizens. Bench and Bar. His elec- 
 tion seems to have quieted, for a time, the 
 jealousy between the half shire County 
 seats. He retained the office at Utica. His 
 election turned the office over to the Demo- 
 crats. By being careful and judicious in 
 selecting his subordinates, and prompt 
 in the transaction of business, he acquired 
 the reputation of being a cautious and 
 pruden* official. His term in many re- 
 spects was exciting and full of interest. 
 
 In addition to the Court of Sessions and 
 Oyer and Terminer, the Recorder's Court 
 of Utica had been established with crimin- 
 al jurisdiction for the city of Utica. At a 
 term of this court held in August, 1847, 
 Mary Runkle was indicted for murdering 
 her husband, .lotin Runkle, while he was 
 sleeping at their home on Corn Hill. Grand 
 juries then sat in connection with the Re- 
 corder's Court for the indictment of felons. 
 They also sat with the Sessions, but for 
 some reason they are now discontinued in 
 both. There should be at least one Grand 
 Jury with the Sessions in September. The 
 
14 
 
 o iir terms of Oyer and Terminer are ia- 
 rSufBcient for the business of the county. 
 From the May to the November term is 
 too long for the confinement of poor pris 
 oners unable to get bail. After indict 
 ment the Runkle case was at once sent to 
 the Oyer and Terminer for trial. The trial 
 resulted in a conviction. She w&s a des- 
 perate and unscrupulous woman. Sus- 
 picion and r^mor had condemned her for 
 several other murders in the county. The 
 proof in this case established the facts that 
 she seized her husband, while he was sleep- 
 ing by her side in the middle of thy night, 
 and held him by the throat until dead. 
 They were covered by utter darkness; 
 there was no light in the room. Believing 
 it tafe she called her daughter a young 
 girl, about thirteen years of age, to her as- 
 sistance. There was her mistake, for this 
 made the fatal proof that lead to her con- 
 viction. Her defense was that her husband 
 died in a fit. Many stories have been told 
 of her desperate deeds and attrocious 
 murders prior to this. It is said that she 
 killed and robbed two peddlers while they 
 were asleep in her domicile at her home; 
 also her two little innocent children by 
 drowning them in a wash tub. She was 
 finally executed by the Sheriff. Nov. 9, 
 1847, at the county jail, at Whitesboro. 
 
 No influence, rewards or threats could 
 ever induce her to make a confessiion of her 
 crimes 
 
 There were several other cases, but no 
 convictions for murder in the first degree. 
 
 THE ROME COURT HOUSE BURNED 
 
 The Court House at Rome was now des- 
 troyed by fire and another structure was 
 built on the same site. In rebuilding the 
 walls were constructed of brick, and the 
 jail cells were of lime stone. The new 
 jail and present structure has since been 
 built by a Committee of the Board of 
 Supervisors. 
 
 In the good old days, Sheriffs had 
 charge of the erection of county buildings 
 under the direction of the Courts. The 
 Supervisors were then di-sinterested audi- 
 tors of accounts, when duly verified and 
 approved. The judges were careful in 
 making their orders and prudent in creat- 
 ing expense. It was business not politics. 
 Now we have large and expensive com- 
 mittees from the Board of Supervisors. It 
 would seem to us that the Sherifl: is the 
 custodian and responsible man in the prem- 
 ises, and should be yet held responsible. 
 When responsibility is so divided its use- 
 fulness is gone. The Sheriff is bonded for 
 care, prudence and discretion. His oath 
 
 is to the same effect and Grand Juries in- 
 S'T^ct his V ork under the direction of t le 
 Court. The Governor holds him strictly 
 to an accounting, and the people have 
 their civil remedy. Sheriff Barker was a 
 good officer and prudent custodian of the 
 people's property, and guarded all their 
 interests with a zealous care He left the 
 office with the entire confidence and esteem 
 of the people. 
 
 JOHN R. JONES. 
 
 John R. Jones, of Whitestown, succeed- 
 ed Barker, January 1. 1850. He was a 
 successful business man and popular poli- 
 tician of his tbwn, but he does not seem to 
 have fully realized the great responsibility 
 and complications of the Sheriff's office. 
 He soon became entangled in some very 
 costly and annoying litigation, which 
 caused him great embarrassment and it is 
 said financial ruin. He was, however, a 
 kind man and good Sheriff, and made the 
 best of the conflicting condition of things. 
 
 GREAT FIRES IN UTICA. 
 
 These were exciting times for the Sheriff's 
 office For a long time the citizens of 
 Utica had been alarmed by the many and 
 increasing destructive fires. Building 
 after building had been swept away until 
 thousands of dollars had been wiped out 
 of existence, and life itself endangered in 
 many cases. Something must be done and 
 the Sheriff was appealed to for assistance. 
 For a time it seemed as if nothing could 
 stay the spread of conflagration, waste and 
 ruin. Guards were appointed to ■watch 
 the city while detectives were engaged in 
 ferreting out the crime and finding the 
 evil doers. Finally suspicion pointed to & 
 band of incendaries in the rival fire com 
 panies of the city. Some of them were 
 the sons of wealthy men who lived in ease 
 and luxury at home. Evidence rapidly 
 accumulated against them until the chain 
 was full and complete. Then came the in- 
 dictment, arrest and tears. The rich and 
 influential could not believe their boys 
 guilty of such foul deeds. Chapters 
 might be written on the crimes and the in- 
 fluence of the jreckless on the public 
 mind, the times 
 
 When, alasl Our guardian sleeps. 
 Vice claps iier hands an > virtue, weeps. 
 
 Indictments were found against James 
 J. Orcott, Sarah Duffery, Henry Newell, 
 Daniel Butterfield. Horace B. Conkling 
 and others. Two of them were sent to 
 states prison for life, but were afterwards 
 pardoned by Governor Horatio Seymour. 
 Others were sent for shorter terms and 
 some fled for parts unknown. The in- 
 
15 
 
 dictment against Daniel Butterfleld was 
 dismissed by the Court on motion of his 
 counsel, but poor Horace B. Conkling in 
 the minds of many, less guilty but the 
 most unfortunate of them all, had to suf- 
 fer the fats of the condemned on the scaf- 
 fold. Easily influenced, weak and subject 
 to temptation, he yielded to his folly for 
 their sport and paid the penalty with his 
 life. Someone had to be crucified, he was 
 chosen. He was legally put to death at 
 the jail in Whitesboro, November 21, 1851. 
 Sheriff Jones acted wisely in all these 
 things. 
 
 OTHER CASES. 
 
 The next important case was that of 
 John Perkins, of Sangerfield, for murder. 
 He was convicted of manslaughter. Then 
 Cime the case of William Harlon and 
 Michael O. Sullivan, but in these, also, the 
 District Attorney failed to maintain the 
 charge of murder in the first degree. These 
 were busy days for the courts, and lively 
 times for the Sheriff and his staff. The 
 tide of crime was checked for a time, and 
 then broke out again in all its original fury. 
 Sheriff Jones did his full duty and received 
 the applause and congratulations of the 
 people. 
 
 THE CAMPAIGN OF 1852. 
 
 The political campaign of 1852 was one 
 of the most interesting of any in the history 
 of the Empire State. Temperance reform 
 in connection with the great abolition 
 movement, had become the great, over- 
 shadowing issue of the day. Old inhabi- 
 tants will recall with pleasure the Wash- 
 ingtonian movement that swept with such 
 power through the land. Others will re- 
 member t!,e Sons of Temperance and the 
 Knights of Jericho. But the society of 
 the most historical interest was the 
 Good Templars, organized in Utica 
 by Rev. Wesley Bailey, Leverett E. 
 (Joon, Hon. Thomas L James and 
 others. It has since become the most 
 prosperous temperance society in the 
 known world, and has spread into every 
 continent and to the islands of the sea. 
 Two years later the temperance candidate, 
 Myron H. Ciark, carried the State. His 
 cause was championed by the rising young 
 statesman, lioscoe Conkling, seconded by 
 the Mon. Thomas L. James and other bril- 
 liant young men. 
 
 HUGH CROCKER. 
 
 In this great struggle Hugh Crocker, the 
 Democratic candidate for Sheriff, was 
 elected, and in January, 1853, assumed the 
 duties of hie office. Mr. Crocker was one 
 of Utica's most active and shrewd business 
 
 men. He was a butcher by trade, and for 
 a time kept the City Market. Genial and 
 pleasant in manner and accommodating 
 with all his patrons, he secured a very 
 large and loyal circle of friends. Though 
 kind in heart yet he was decided and 
 prompt in action. He was just the man 
 for Sheriff in the trying times of the hour. 
 Being very careful and discreet in the 
 selection of his deputies, he rallied around 
 him a faithful and competent band of sub- 
 ordinates. No Sheriff was better fitted or 
 equipped for the important work before 
 him. To lead a fight against the lawless 
 band that then threatened the fair name of 
 Utica, required a man of sound judgment, 
 a man of thought. Diplomacy, as well as 
 executive ability was much needed. 
 
 One of the first and most valuable ap- 
 pointments he made was that of his brother 
 and CO worker, John G. Crocker, as Attor- 
 ney and counselor for the Department. 
 John G., at once set to work to master the 
 laws and statutes and conflicting decisions 
 pertaining to the duties of Sheriff. He did 
 master them and did it well. The result 
 was that he not only made the most com- 
 plete briefs ever used ' in our courts, but 
 produced the most reliable work on 
 Sheriffs then in existence. His digest of 
 decisions is yet used in almost every valu- 
 able work on Sheriffs, Coroners and Con- 
 stables. Recent statutory enactments have 
 changed the practice and made a new 
 work necessary, but Crocker's work is val- 
 uable still. 
 
 THOSE FIRE BUGS AGAIN. 
 
 After having informed himself thorough- 
 ly on all the duties of the office, the new 
 Sheriff at once proceeded tc rid the city of 
 the remaining fire bugs. Their reckless 
 and destructive burning of buildings had 
 produced a reign of terror. At the April 
 Oyer and Terminer, John Miller, Seymour 
 George, Patrick Larkin, William McCann, 
 Montiville Smith and others were indicted. 
 The sentences of those convicted varied 
 from, that of Miller for ten years and one 
 month to five years for others Seymour 
 George was acquitted. The Grand Jury 
 indicted a large number of criminals at 
 ihia term, among them Daniel L. Simmons 
 for murder He was finally bailed by his 
 counsel in the sura of |20.(')00. Hon. Ros- 
 coe Conkling and Hon. Ward Hunt were 
 his counsel and surety. The bond was 
 forfeited at the next term of court. Then 
 followed the indictment of Henry Schrader 
 for murder, who was also defended by 
 Conkling. Also .John Bezold. Conkling 
 was the bright and rising star among the 
 
16 
 
 lawyers of the county. The record 
 sparkles with his brilliant achievements. 
 Followinsr these murder cases, came the 
 brutal drunken affray at Boonville in 
 which James McCann slew James O'Brien 
 with a dagger. McCann was tried and con- 
 victed of murder in the first degree, and 
 sentenced to be hanged December 15, 1854. 
 He seems to have been reprieved by the 
 Governor. 
 
 The Loomises had now gro'^n bold and 
 desperate again. Indictments were found 
 against William W. , George and Grove for 
 grand larceny. The Sheriff did all that 
 could be done to secure their apprehension 
 and punishment, but their political power 
 and money stayed the iron hand of law. 
 
 Crocker's term proved trying and event- 
 ful, but was conducted with prudence and 
 care. He was one of the best executive 
 officers ever honored with the trust. The 
 law was fearlessly enforced, and all the 
 business managed with ability and success. 
 
 CALVIN HALL. 
 
 Calvin Hall, the brick manufacturer of 
 Deerfield, succeeded Crocker in January, 
 1856. He followed in the footsteps of his 
 predecessor and relied upon his business 
 qualifications to carry him through. His 
 first capital case was that of Catherine 
 Jones, who was tried for murder and con- 
 victed of manslaughter and imprisoned at 
 Sing Sing. Then, in quick succession, 
 came that of Hugh Orr, the inhuman 
 monster who beat his wife, Rachael Orr, 
 while in a beastly state ot intoxication, 
 until she died. He was given seventeen 
 years at Auburn. The cases of Claranda 
 Youlan and Nicholas Acker for man- 
 slaughter, were then considered by the 
 Courts. During Hall's term the indict- 
 ments against the Loomis' for minor of- 
 fenses cover pages of the record. Their 
 depredations had so rapidly increased that 
 the people were ready to rise in arms 
 against them. Hall managed the oflice 
 with much business skill and ability. 
 
 WILLIAM J. M'COWEN. 
 
 The Loomises had become so powerful, 
 and increased in numbers and voting 
 strength to such an extent that they bid 
 defiance to all law and civil institutions. 
 They were a band of lawless men pro- 
 claiming personal liberty and denouncing 
 civil liberty. To bring them to justice 
 and test the power of civil authority, the 
 Republican convention nominated for its 
 candidate the venerable and popular Wil- 
 liam J. McCown, of Sangertield, He was 
 elected by a handsome majority. He was 
 
 in every respect a representative man of 
 the county. Tall and graceful in form, 
 noble in appearance, high minded in 
 thought, commanding in presence, no bet- 
 ter selection could have been made. His 
 very presence would command respect 
 and obedience. Socially he was one of 
 the most pleasant men we ever met. The 
 ioomises knew fieir fate was sealed unless 
 they ceased hostilities. He cared nothing 
 for their influence or political power; he 
 was fighting for home and friends. 
 
 JAMES FILKINS. 
 
 To assist in carrying on the aggressive 
 work against this lawless band he ap- 
 pointed the fearless and brave James 
 Filkins as one of his general deputies. 
 Filkins was a faithful officer and no pro- 
 cess ever placed in his hands went un- 
 served. He followed the Loomises through 
 the cedar swamps, forests and dens. 
 Many times resistance came and often with 
 force of arms. In some of these combats 
 he was dangerously wounded several times, 
 and once pierced with a rifle ball. The 
 author has often heard him relate his ex- 
 ploits with these desperate and unscrupu- 
 lous men. The story of his expieriences 
 would fill several volumes. Sometimes 
 the courts are slow to act and allowed such 
 cases to go over the term on the slightest 
 pretenses of counsel. So it was in the 
 Loomis trials, until finally the outraged 
 people became weary of slumbering jus- 
 tice and arose in their might to take the 
 law in their own hands and to avenge 
 their wrongs. 
 
 THE BATTLE. 
 
 Both parties had been preparing for the 
 battle, but the Loomises were now on the 
 defensive. Several were wounded on both 
 sides But the people got the best of it 
 and drove their long dreaded adversaries 
 into their homes and hiding places. The 
 gang now appeared before tne Sheriff and 
 claimed protection. Notices were served 
 and processes of the courts placed in his 
 hands— making the county liable for all 
 damages in destruction of property. This 
 did not stop the infuriated people; they 
 continued'the attack until the lawless des- 
 peradoes pleaded for mercy. The battle 
 was a deperate one and the enraged people 
 would not yield for a moment until they 
 had accomplished their purpose. 
 
 THE MILITARY CALLED OUT. 
 
 Sheriff McCowen was now placed in a 
 trying position. His neighbors and most 
 intimate friends were the aggre«sors. It 
 would be terrible to stay them by civil or 
 
17 
 
 military force. But lie was Sheriff and 
 the county must be protected if it called 
 for the armies of a nation. No civil of- 
 ficers could handle such an overwhelming 
 force. He was obliged to call out the 
 military. The thought was terrible but it 
 must be done. He issued his order and 
 the forces assembled. But before they 
 reached the field of action the rioters were 
 dispersed. What a scene met the Sheriff's 
 gaze as he and his staff approached the 
 fatal spot! The buildings were aflame, 
 the heavens were lurid with their light. 
 Plumb had been hanged to a tree 
 to make him confess his crimes and 
 was nearly dead. No confession was 
 wrung from him, however. George 
 Washington Loomis, the leader of the 
 gang, some time previous to this, had been 
 killed with a slung shot in an altercation 
 wittiin the dales of the ill-fated homestead. 
 Truly, In this case the mob was a monster. 
 
 FILKINS INDICTED. 
 
 James Filkins was indicted for this of- 
 fence and for arson. He was put on trial, 
 and after a long and expensive proceeding 
 in the courts was acquitted. On the night 
 of this fearful and unlawful assembly, he 
 was acting with the Sheriff and endeavor- 
 ing to prevent the destruction of life and 
 property. But the Loomises took him for 
 revenge and then sued the county for dam- 
 ages. They were, however, unsuccessful 
 in the main but made some compromises. 
 This is one of the cases that illustrates the 
 dangers and sufferings of a faithful pub- 
 lic servant. Filkins was ruined financially 
 and suffered beyond all description from 
 the fearful wounds he received. He is 
 still living at his home near Waterville. It 
 has been difficult to get an officer to serve 
 in that locality ever since Several have 
 tried it but with fear and great caution. 
 
 MORE CASES. 
 
 There were several other cases of man- 
 slaughter in McCowen's term. We note 
 the following: Seymour N. George, James 
 Nolan, Jesse Sexton. George Lewis, Clark 
 Lewis, William Rogers, Henry Budge and 
 John Bachmat. The indictment of the 
 county board of Excise Commissioners for 
 breach of official duty, caused much ex- 
 citement. Ic was due to the same causes 
 that have been repeating themselves in 
 Town Boards and City Commissions ever 
 since. The frauds and lack of public 
 decency and personal honor in these bodies 
 is without parallel in A.merican institu 
 tions. The law and its intent is glaringly 
 violated, and crimes under it winked at, and 
 as the old sea captain said "when I signs 
 them papers I turns my back." 
 
 GEORGE W. SMITH. 
 
 Another great and important event was 
 the removal of the County Judge, George 
 W. Smith, on the charge of bribery. 
 Hon. Roscoe Conkling was the prime 
 mover in these proceedings. A record of 
 thena may be found in his State papers and 
 a brief sketch in the biography written by 
 his nephew. They may also be found in 
 the Congressional Record to some- 
 extent, as out of them grew the 
 great fight between Donkling and Blaine. 
 Perhaps we may be able to trace them even 
 through many other campaigns and even to 
 the defeat of the Pesidential candidate ia 
 1884. McCowen was a model Sheriff and 
 is gratefully remembered by all who knew 
 him. He was truly one of nature's noble- 
 men 
 
 EIGHTEEN HUNDRED AND SIXTY. 
 
 The exciting political campaign of 1860 
 will long be remembered throughout the 
 land. The Republican party was now well 
 organized in Oneida county. A nomina- 
 tion was almost equivalent to an election, 
 and 1860 was a Presidential year. The 
 Republicans were united and in the race to 
 win if possible. The Democrats were 
 split asunder. For President the Republi- 
 cans had Lincoln. The Democrats Doug- 
 lass, Fillmore and Bell. The war cloud 
 hung over us, the fate of the nation was 
 trembling in the balance. There were 
 Wide Awakes, there were Little Giants, 
 there were Copperheads, there were Union 
 men, there was Slavery, there was Free- 
 dom. Great, indeed, were the issues of 
 those exciting times. The vote was all 
 out. But on Sheriff all parties seemed to 
 unite. 
 
 HUGH CROCKER AGAIN. 
 
 In this campaign Hugh Crocker was re- 
 elected on a union ticket. He again duly 
 qualified and entered upon the solemn 
 duties of the office. John Bachman, who 
 killed Conrad Lawrence, at Rome, 
 October 6, 1861, was tried and convicted 
 and imprisoned for life. The trial of Wil- 
 liam Rogers, who murdered his wife in the 
 town of Vienna, immediately followed. 
 He was convicted of murder in the second 
 degree. A large number of indictments 
 were found for assaults at elections. There 
 were many Southern sympathizers in 
 Oneida county. Some of them were rank 
 and abusive. Followine these came sev- 
 eral great jail deliveriesT" Prisoners v. ere 
 aided to escape by their partners in crime, 
 and some were released to enter the army! 
 These were among the evils of the war. 
 In the midst of it all came the indictments 
 of Catharine Stannard, Clark Lewis, 
 
18 
 
 Nathan Brighara and Thomas Kehoe. 
 
 THOMAS KEHOE. 
 
 Kehoe was a desperate man when intoxi- 
 cated. One day he had drank too much 
 and on meeting: • his neighbor, Michael 
 Boilin, on the road from Westmoreland to 
 Rome, they engaged in an altercation. 
 They quarrelled and fought until Kehoe 
 drew his knife and slew Boilin. In his 
 anger he drove the dagger to his neighbor's 
 heart; they had been friends, and when he 
 became sober he regretted the deed and 
 longed to make restitution. But the life 
 he had taken he could not restore. He 
 wept like a child, but the deed was done 
 and his only consolation was what is done 
 is done There was no calling it back. 
 His friend was gone from his sight forever. 
 All that was mortal was hid from his view 
 in the darkness of the tomb. Boitin's 
 family were indigent and left in poverty. 
 Kehoe had no means but was finally re- 
 leased on bail by the order of Judge 
 Bacon. He at once enlisted in the army, 
 and it is said gave his bounty and his earn- 
 ings to the family of the deceased. 
 
 OTHER CASES. 
 
 Norman Kimball and Napoleon Barom- 
 eough were also indicted for murder, and 
 Henry Perry and Eliza Toleman for arson. 
 About this time the famous ward politician, 
 John Davy Hackett, was indicted for as- 
 sault with intent to kill, but with his 
 usual good f ortu le he soon satisfied the 
 court he meant no harm. John was one 
 of the police officers at the time and was 
 one of the shrewaest of them all. He will 
 be remembered as the political manager of 
 the Fifth Ward of Utica. During this 
 term Crocker added to his fame as a good 
 executive officer, and was the last Sheriff 
 to be re-elected. 
 
 HON. D B. DANPORTH. 
 
 January 1, 1864, Hon. D. B. Danforth. 
 of Annsville, qualified and took possession 
 of the Sheriff's office. He was a tanner 
 by trade and at one time well provided 
 with this world's goods, but in later years 
 became addicted to the drink habit and 
 died a victim of misfortune. In the hour 
 of temptation he built castles in the air, 
 and indulged in fooli-ih speculations, one 
 of which was a mammoth hotel in the oil 
 regions. In politics he was an ardent Re- 
 publican as the times then stood. At the 
 first term of court when he officiated, 
 Henry Murray was convicted of arson and 
 sent to States Prison for eighteen years and 
 three months for burning the house of 
 Charles Latham in the city of Utica Pat- 
 rick Kelley, John H. Yoult. William 
 Jones, Theodore Webb, James Dillon and 
 
 Henry Kent were indicted for other of- 
 fences. Dillon was at once tried and con- 
 victed and sent to States Prison at Auburn. 
 He was a bold, dangerous and desperate 
 fellow, having set fire to the house of Un- 
 dcrsherifl Glen Petrie at Rome. In 1866 
 Richard Jones was indicted for murder 
 and successfully defended by the late D. 
 C. Pomeroy, perhaps the most eloquent 
 advocite of Oneida county's bar. Indict- 
 ments were also found against Cory 
 Coughlin and James Welch for murder, 
 and John Comstock and Julius Martin and 
 Martin A. Verer for arson. There were a 
 few other indictments and convictions for 
 lesser crimes, otherwise nothing seemed to 
 occur out of the usual course of business 
 in Danfurth's term. 
 
 GEORGE P. WEAVER. 
 
 George F. Weaver, of Deerfield, became 
 Sheriff: of Oneida county, January 1, 1867. 
 He was a descendant of the old Dutch 
 family that helped colonize tlie town in 
 which he lived. '1 hey were loyal in all the 
 great st-uggles for American independance. 
 He was lo>al to preserve the union. By 
 occupation they were farmers and brick 
 makers. Tbeir extensive yards are known 
 throughout all Central New York From 
 early manhood he had been identified with 
 all the popular movements to nenefit the 
 county. His liberal hand was felt in every 
 enterprise to benefit our cQarities our 
 schools and our churches. His acquaint- 
 ance was extensive and he was esteemed by 
 all who knew him. In politics he was an 
 ardent Republican and as such was honored 
 with many positions of public trust. For 
 years he was Supervisor ot his town, Com- 
 missioner of Excise for the county and 
 finally Sheriff. 
 
 His genial smile, his affable maners, his 
 ki'idly disposition won for him the friend- 
 ship of the masses both rich and poor. He 
 was loyal and true to the best interests of 
 all. In the stirring times of war he was 
 for the Union and the freedom of the 
 down-trodden and oppressed. He knew 
 the cost of human liberty, he had learned 
 it from his patriotic sires. It was the 
 lesson of his childhood. The Weavers 
 and the Bellingers were all patriots. 
 
 He entered upon the discharge of his 
 duty as Sheriff to do right and oppose the 
 wrong. The most important part of the 
 oath to him, was not to commit evil, but 
 to avoid deceipt, fraud and oppression. 
 All men have luade some mistakes and so 
 did he, but they came through the over- 
 flowing kindness of his generous j;ieart. He 
 was one of the noblest public spirited men 
 we ever met. 
 
19 
 
 HIS FIRST COUllT. 
 
 A», his first term of court Hugh Moore 
 was indicted for arson and James 
 JVlcQuade and Henry Carr for neglect of 
 official duty. This apparently proved a 
 political farce. There were also a large 
 number of indictments for violating the 
 excise laws. The complaints were made 
 by the Law and Order League of the 
 county. At this time a great temperance 
 revival was in progress under the auspices 
 of the Good Templars. They were then a 
 powerful organization, and the individual 
 members made themselves felt in the polit- 
 ical world. M ny of the rising young 
 men of to-day were brought into public 
 life through their efforts, llie Temperance 
 Patriot published at Utica, was the official 
 organ. In this movement the author first 
 appeared before the people as an advocate. 
 Hugh Moore was duly arrested and tried 
 for arson and imprisoned. He burned 
 Ezra Clark's buildings at Kirkland. A. 
 Verter was iried and convicted He set fire 
 to John Herbert's slaughter house in Deer- 
 field. James Welch wa'^ tried for killing 
 John Long at Utica. He was convicted of 
 manslaughter and sent to Auburn. A 
 powerful gang of burglars and robbers had 
 long been operating at Utica, they were 
 now broken up and several of them sent to 
 view the statu^i of Copper John. Dewitt 
 and Jeremiah Tooley were jailed for arson 
 and indicted. 
 
 WILLIAM HENRY CARSWELL. 
 
 Then followed the brutal and shocking 
 assault and murder of Anbey Elizabeth 
 Sanders at Annsville by William Henry 
 Carawell. Abbey was but a child, young, 
 innocent and virtuous. Carswell was a 
 miserable, low, treacherous, craving liber 
 tine The story of this awful crime has 
 often been repeated in the public press, 
 and exists in pamphlet form, a copy of 
 which we have. In those days zealous 
 publishers took advantage of public execu- 
 tion to make money by selling a printed 
 record of the criminal and crime. It is 
 poor reading and miserable trash, pollut- 
 ing everything with its foul presence and 
 its touch, No mind can grasp it and be 
 made better. Ttie details are so shocking 
 and repulsive to every sense of decency 
 that I will not reproduce them here. It is 
 sufficii nt to say he shamefully and cruelly 
 violated her person, maimed and lacerated 
 her body with a knife, crushed 'he bones 
 in her side and back, beat out her brains 
 with a stone and left her alone in the woods 
 to die. He murdered her, and mutilated 
 her body to escape convictioQ. But in his 
 case justice was not slow. 
 
 TRIAL AND EXECUTION. 
 
 He was at once indicted and tried. Fargo 
 & Burnett, of Rome defended him. The 
 record of his conviction may be found in 
 the November Oyer and Terminer. 1868, 
 and January 8, 1869, the execution oc- 
 curred at the Rome jail. The cold and 
 heartless, barberous wretch, smarting under 
 the sting of an awakened conscience, 
 groaning with fear as he heard the sound 
 of the workmen's hammer building the 
 scaffold, shuddering with the thought of 
 the pains and sufferings of the execution, 
 trembling at the gates of death and the 
 great punishment that awaited him in the 
 eternity beyond, begged of the physicians 
 in attendance to administer chloroform be- 
 fore the fatal drop should fall in the hours 
 of his agony. The condition of the culprit's 
 mind being such as to cause great trouble, 
 the physicians yielded to his appeal and 
 administered the drug. Then the victim 
 of his own pasions, the vicious monster, 
 the debased madman was no more. The 
 drop fell, he was dead and his wicked 
 mind and dangerous presence banished 
 from the world iforever. 
 
 CHARGES AGAINST THE SHERIFF. 
 
 Out of this execution grew many harsh 
 and unkind criticisms against the Sheriff. 
 Public sentiment divided on permitting 
 the use of chloroform. Charges were pre- 
 sented to the Governor against the Sheriff, 
 but on a careful examination of the facts 
 he was fully and completely exonorated 
 from all blame. It was intended as a kind 
 and humane act on the part of the physi 
 clan to stop the ravings of , an angry and 
 vicious mind. 
 
 HIS LAST TERM. 
 
 At his last term (jf court came the trial 
 of Martha Hudson for arson in tne first de- 
 gree. She set fire to the house of Leonard 
 J. Kendall and buroed it to ruins She 
 was convicted in the second degree and 
 committed to Sing Sing for life. There 
 were a large number of trials for felonies 
 and misdemeanors in all of which the 
 Sheriff did his duty. 
 
 Sheriff George F. Weaver will long be 
 remembered for his good qualities and un- 
 stinted benevolence. He was in every 
 sense of the word a Christian gentleman. 
 He lived to a ripe and good old age, and 
 but a few weeks ago was laid away by 
 loving hands in his final sleep, amid the 
 cheerful shades and fragrant flowers of 
 Forest Hill Cemetery. He sleeps well. 
 For 
 
 The ashes of the just. 
 Smell sweet and blossom in the dust. 
 
20 
 
 LEWIS GAYLORD. 
 
 At the general election of 1870 Lewis 
 Gaylord, of Rome, was duly elected 
 Sheriff of the county, January 1, 1871, he 
 duly qualified and entered upon the dis- 
 charge of his duty. He is a business man 
 of the ancient city and keeps a meat 
 market. Political y he is a Republican, 
 and at the t'me of his election was a leader 
 in the party. He had served as Deputy 
 SheriflE and was well qunlifled for the 
 duties of the office. The main office was 
 now loca'.ed at Rome again and after the 
 lapse of many years. 
 
 HUGH MALLON. 
 
 The first great trial in his term was that 
 of Hugh Mallon for the murder of George 
 B Porter in a saloon and gambling hell at 
 Utica. In the first great trial of this case 
 Daniel Ball, the District Attorney was as 
 sisted by Marshal B. Champlain the Attor- 
 ney General of the State. The prisoner 
 was represented by Pomeroy & South worth 
 of Rome. It is one of the celebrated cases 
 on record. The trial took place at Rome 
 and lasted several days. The arguments 
 of the learned counsel and eloquent advo 
 cates were superbly grand. Daniel C. 
 Pomeroy sumed up for the prisoner and 
 the Attorney General for the people. 
 Pomeioy's effort was one of the best of his 
 life. His peroration on the value of hu- 
 man liberty, the life of a peer, the sacred- 
 ness of the home, and the widows and 
 orphans made sad by the verdict of a jury, 
 was of the highest standard of forensic 
 eloquence. 
 
 There was a beautiful tender, pathos in 
 Pomeroy 8 voice that never failed to touch 
 a juror's heart. He was a man of kindly 
 disposition and tender sympathies. Op- 
 posing counsel wept, the widow sobbed 
 aloud and the jury were in tears. Even 
 the learned judge could not control the 
 emotions of his heart's sympathies. But 
 there was one tearless cheek, there was one 
 undimmed eye. it was that of Marshal B. 
 Champlain. The learned a Ivocate turned 
 to him and made an appeal for mercy, but 
 there was no expression of feeling on his 
 part. He had studied the case and listened 
 to the evidence as detailed by the witnesses 
 and was firm in his conviction of guilt. 
 Nothing could move or sway him from 
 what he believed to be the path of duty. 
 When the counsel for tne defense closed 
 there was a ripple of applause. The 
 Sheriff rapped to order. Champlain was 
 a large man, of fine presence, and almost 
 perfect in form. His hair had been dark 
 and curly, but was now sprinkled with 
 gray and fast whitening locks. When he 
 
 arose there was a painful and almrst 
 breathless si ence. He stood for a moment 
 In the presence of the jury, and then com- 
 menced by saying he appreciated their 
 sympathies for the prisoner and his family. 
 Then pointing with his finger to the south- 
 ern hills he remarked that in a rural home 
 there sat a widowed mother waiting and 
 weeping, but not for the return of their 
 verdict, for that would not restore her boy, 
 it would not remove the sorrow from her 
 humble domicile or sadness from her 
 aching heart. For her hope, her fond 
 ambition, her staff in life was gone He 
 had been stricken down by a reckless as- 
 sass-in, amid a lawless gang in the darkness 
 of the night. To meet her boy she must 
 look to jthe realms above. He then an- 
 alyzed the evidence and brushed away tbe 
 legal arguments of the defense like so 
 many cob webs on the wall. The jury 
 retired at the close of his powerful argu- 
 ment and returned with a verdict of mur- 
 der in the first degree. 
 
 THE CASE. 
 
 The people of Ijtica and Oneida county 
 will recall the details of this infamous 
 crime, and the low gambling hell where it 
 was perpetrated. Some of ihe participants 
 are yet living. Mallon was sentenced to 
 be hung, but the case was stayed on ap- 
 peal, and a new trial granted. On the 
 second trial the prisoner was convicted of 
 manslaughter, and imprisoned at Auburn 
 for a term of five and a half years. The 
 murder was a brutal one and should be a 
 warning to all young men to avoid such 
 places of unlawful pleasure and amuse- 
 ment. There is always danger of a quarel 
 where men are drinking and gambling for 
 money. Porter was killed in one of these 
 affrays by being hit with an instrument of 
 death. His widowed mother was then 
 left alone in the world, without his aid and 
 support. The uncertainty as to who 
 dealt the deadly blow saved Mallon's neck, 
 but left a life of misery. His mental suf- 
 fering was almost too great to bear, and 
 darkness seemed to shaddow his pathway. 
 To him the world lost its pleasures and its 
 charms. He bore his affliction until death 
 removed him hence. 
 
 CALLAHAN AND CAHOON. 
 
 The next capital case in the term of 
 Sheriff Gaylord was that of Mary Callahan 
 for killing her infant child at Utica. She 
 was convicted and sent to Sing Sing. 
 Then came the case of Daniel Gaboon for 
 taking the life of his own wife at Bridge- 
 water. He shot her in the side, shouldtr 
 and breast in a tit of drunken madness. 
 Being deaf and dumb, and pleading pite 
 
21 
 
 ously for mercy in writing, and there 
 being other extenuating circumstances." he 
 was allowed to plead in a lower degree, 
 and sent to Auburn, to repent of his un- 
 natural crime. 
 
 m'gee and edic. 
 
 Following came the case of Hugh McGee 
 for killing Thomas Rowland with a stone, 
 at the Chamberlain Zouaves' picnic at 
 French's grove. New Hartford. This 
 case will be remembered by many. Hon. 
 Francis Kernan was counsel for the 
 defendant. . On the first trial the jury dis 
 agreed, and on the second he was convicted 
 of manslaughter, and imprisoned accord- 
 ingly. 
 
 Eliza Ann Edic was tried, for beating 
 her husband, Christian Edic, with a club 
 until he died. The crime was committed 
 at Sangerfield. She pleaded guilty to 
 manslaughter and went to Sing Sing. All 
 female prisoners from Oneida county were 
 sent to this prison. 
 
 JOSEPHINE M'CARTHY. 
 
 We now come to the celebrated trial of 
 Josphine McCarthy for shooting and kill- 
 ing George Hall, while quietly riding on a 
 Genesee street car at Utica. Out of this 
 case grew some of the blackest scandals 
 that ever cast a shadow on American juris- 
 prudence. The fair fame of Oneida 
 county was dishonored There were sev- 
 eral indictments for libel, the principal 
 one being against Wilber Payne, for libel- 
 ing the court and Judge Charles H. Doolit- 
 tle bv a prevaricated statement of its pro- 
 ceedings. Josephine undoubtedly d'd not 
 intend to kill Hall, but how the mistake 
 occurn d has been a mystery. It is said 
 by one of the passengers on the car that 
 when she entered she was frenzied and 
 desperate. One of the passengers saw the 
 glittering revolver as she drew it from her 
 muff, and by raising his arm struck her 
 hand, and t' us what mighr, have been a 
 dt'liberate murder became an accident, for 
 she evidently intended to kill some one. 
 The case was a very complicated onie, and 
 difficult to try. Eminent counsel was en- 
 gaged by both sides. D. C. Stoddard, 
 District Attorney, aud Hon. Charles Sedg- 
 wick, appeared for the people and Lewis 
 H. Babcock, Daniel C. Pomeroy and Hon. 
 Charies Mitchell for the defense The re- 
 sult was an acquittal by the jury over 
 which there was much speculation. Judge 
 Doolittle was surprised at the verdict, and 
 thought the jury had been packed to de- 
 feat the ends of justice. 
 
 HOW JURIES ARE PACKED, 
 
 The author has heard of such things 
 being done in several cases, They were 
 liquor cases. In one case the defendant 
 had a young friend in the County Clerk's 
 office, the clerk being the custodian of the 
 box containing the names of jurors. The 
 Grand Jurors are named by the Supervis- 
 ors, the Trial Jurors by the Supervisor 
 and Assessors of each town and ward. 
 These boxes were taken down and a list of 
 names selected and placed in the center of 
 the box, and when the Clerk took the box 
 to draw with the Sheriff and County 
 Judge acting as inspectors, sufficient of the 
 selected names were drawn to complete a 
 pannel. Another way was this: The coun- 
 sel agreed to go on with the regular pannel 
 and then exhaust it, and called for tales- 
 men. A list of names were placed in the 
 hands of the officer, favorable to the de- 
 fendant. This practice in justice's court is 
 frequently indulged in. and in Recorder's 
 Courts and Special Sessions. I mention 
 these facts simply to illustrate how such 
 things might be done. The learned Judge 
 had an opinion of his own. 
 
 OTHER CASES. 
 
 Jacob Bernhardle was now tied for kil- 
 ling a boy in a masquerade at Rome. 
 Charles and Joseph Harris were indicted 
 for arson, and a large number for violating 
 the excise laws. These were brought by 
 the Law and Order League at Rome. 
 Charles Suples was then indicted for kill- 
 ing Peter Conner at Rome. He was con- 
 victed of manslaughter. Thomas Buchan- 
 nan. Cashier of the Peoples' Safe Deoosit 
 and Savings Institute of Utica, N. Y., 
 was indicted for grand larceny and embez- 
 zlement. He was tried and acquitted. 
 
 WILLIAM J. PERKINS. 
 
 Oneida county has produced few young 
 men who could equal the criminal record 
 of William J. Perkins. Born in the town 
 of Floyd, in 1848, and schooled in the 
 streets of Oriskany and Utica, until the 
 breaking out of the war, he picked up all 
 the vices of the neglected street urchin. 
 By trade he was a machinist and lather. 
 When the war broke out he enlisted in the 
 army and served faithfully to its close. 
 He was a brave and kind hearted soldier. 
 If the record of his good deeds could stand 
 alone, they wuuid shine as a monument 
 of glory. But he was unfortunate and 
 yielded to temptation and fell. In a 
 thoughtless moment he drank too much 
 and his good deeds were lost to the world 
 and obscured by darkness and shadow. 
 He was first imprisoned in Utica jail for 
 
22 
 
 intoxication. He was afterwards trans- 
 ferred to Rome, and while tliere made a 
 saw of an old knife, cut the bars and es- 
 caped with his brother to Port Ley den. 
 Cold weather came on and they were 
 obliged to seek for food to keep from 
 starving. While doing this they were 
 identifed and captured. They were then 
 brought back to Rome, bound hand and 
 foot with shackles and bracelets. He now 
 felt his disgrace keenly, and shuddered at 
 the approach of his friends. Now he 
 must answer an indictment for jail break- 
 ing and escape. The trial came on at 
 Rome and the jury disagreed. He was 
 then transferred to Utica and convicted. 
 Sentence was pronounced — ten months in 
 the Albany Penitentiary. Before it could 
 be carried into effect, he broke out ot Utica 
 jail. This time by a saw conveyed to 
 iiim in a mince pie by a friend who never 
 forsook her boy — his mother. He escaped 
 to Boston, and was arrested and again cut 
 his way out before the requisition could 
 reach nim from the Governor. He now 
 took refuge under the American flag, 
 enlisted in the United States marines and 
 went to sea. After serving five years he 
 came back to Utica. He was now arrested 
 in a saloon and sent to Albany to serve his 
 sentence. Tnis was discouraging and 
 made him more reckless than ever He 
 was finally captured, indicted and convict 
 ed of burglary, and sent to the State's 
 prison at Auburn. There is no doubt 
 but that he was the most skillful burg 
 lar in Utica or Oneida county. And had 
 the same genius and skill been applied 
 to some legitimate calling would have 
 made him what he appeared to be, not 
 what he really was, He came into the 
 world as free trom vice as the rest of man- 
 kind. He possessed a noble heart and 
 every faculty of the noble man. Society 
 is greatly to blame for his downfall and 
 ruin. He learned the motto of the world, 
 but, alas! to late. It was: "Hithim hard, 
 he has no friends." He struck back, but 
 he lost, and lost all he had. This rounded 
 out the busy and successful term of Lewis 
 Gaylord. 
 
 GEORGE BENEDICT. 
 
 The canvass of 1873 was a stormy one. 
 The Republican party was yet in the as- 
 cendency but was divided into factious. 
 Some were Liberals, some Greenbackers 
 and many Prohibitionists. In order to 
 elect their candidate he must be able to 
 hold these factions together. To add fuel 
 to the flame, Conkling and Ellis H. Roberts, 
 the recognized leaders, had disagreed. And 
 
 the veteran solders made their demand for 
 recognition. They must have a man on 
 the ticket. The County Clerk's office was 
 already in the hands of the Democrats 
 through this element by the election of 
 Major James Bronson, in the previous 
 campaign. A Sheriff and Clerk must be 
 elected if possible. The Ck rk's office was 
 worth $20,000 for a term of three years, 
 and the Sherift's over $15,000 for the same 
 time. Candidates were numerous and 
 the contests were bitter and unpleasant. 
 When the convention met at Rome in the 
 fall, a g' eat political storm ensued. The 
 clashing hosts first met at the Court House 
 and then adjourned to Sink's Opera 
 House to accommodate the masses. Afier 
 wrangling and voliog for hours Georire 
 Benedicr, of Verona, was nominated. 
 Benedict was a well to-do farmer and es- 
 pecially well thought of by that element. 
 He was also a Christian gentleman and 
 took a great interest in the welfare of the 
 church. In short, he was an exemplary 
 cilizen. In the factional differences he 
 was a Conkling man. He had represented 
 his town in the Board of Supervisors sev- 
 eral terms and was well acquainted with 
 their workings. His acqu^mtance was 
 large and extended throughout the county. 
 The nomination was ratified at the polls 
 and Benedict was elected. But the fac- 
 tional fight continued, and the differences 
 could not be healed. January 1, 1874, he 
 duly qualified and entered upon the dis- 
 charge of his duty. His term, from the 
 beginning, was full of trouble, anxiety 
 and perplexity. New and varied com- 
 plications were arising all the time. He 
 was, however, fearless and determined to 
 make the best of the situation. But. like 
 a great many other Sheriffs he was unfor- 
 tunate in the appointment of his subordi- 
 nates. He removed to Utii-.a with his fam- 
 ily and retained the oflBce here. In fact, 
 he tried to harmonize the factions, and in 
 that way disloyal men were placed upon 
 his staff. This was more noticeable in 
 Rome than elsewhere, especially at the 
 jail. They were oposed to him in senti- 
 ment, principle and the discharge of of- 
 ficial duty. Such is the curse of politics 
 as now managed and the folly of candi- 
 dates. All subordinates should be in full 
 political harmony with their principals. 
 Candidates should be competent and 
 honest and share the responsibilities of 
 their chief. There may be exceptions but 
 they are few and growing smaller George 
 Benedict and James Tanner are competent 
 to speak on this subject. A man had bet- 
 ter be without an office than to allow his 
 
23 
 
 appointments to be dictated by spoils- 
 men who dea) in the mercantile vote. 
 Public positions should not be dealt in as 
 merchandise. The sacred franchises of 
 the people should not be abused either by 
 rewards or bribes. It is wrona; and the 
 people should stamp it out and resent it at 
 the polls. A party had better go to the 
 wall rather than the sacred institutions of 
 our government. Benedict tried to stay 
 the tide when it was too late. We have 
 said this much to pave the way for what 
 follows. 
 
 CRIMESTAL CASKS. 
 
 The first capital case that called for the 
 attention of Sheriff Benedict was that of 
 Perrine Matteson, who killed his brother 
 at Paris Hill in a fit of jealous an^er. It 
 was on a Satbath morning when all things 
 else seemed to be in harmony and keeping 
 with the sacredness of the day. They had 
 quarreled and Perine took his gun and 
 hid in the barn until his brother ap 
 proached him and then shot and killed 
 him. He was finally declared insane and 
 committed to the State Asylum where he 
 now remains. Conrad Baker was in- 
 d cted for burning buildings near Rome, 
 and Samuel Haneur was indicted for burn- 
 ing, as we are informed, what is called 
 the Gardner Block at Utica, and Henry 
 Trembly for arson at Whitestown. James 
 Fetherston Petit was indictei for murder. 
 He killed Catherine Fttherston Petit at 
 Utica in a drunken row. It is said that 
 he pounded the poor woman to a jelly. 
 He was allowed to plead manslaughter and 
 was injprisoned accordingly. Edward 
 Mullen was indicted for killing James 
 O'Neil with a whip stalk in the alley near 
 Lowery's Knitting Mills on Bleecker 
 street, in Utica. He was tried and con- 
 victed of manslaughter and sent to Auburn 
 for four years. David White and Joseph 
 Hay den were indicted for murder in the 
 first degree. David K. Pierce and George 
 Woodruff were convicted of arson in the 
 first degree and in; prisoned for life. They 
 burned the dwelling of Charles L. Gibbs, 
 at Sangerfleld. In these days crime 
 seemed to be rapidly on the increase, es- 
 pecially in Utica. 
 
 THE GERMOND BURGLARY. 
 
 For a long time the city of Utica had 
 been infested with an organized gang of 
 desperate burglars. Murder, arson, maim- 
 ing, and crimes of every description were 
 comnitted. The county authorities and 
 Police and Fire Commissioners of Utica 
 had taxed their ingenuity to the fullest ex- 
 tent to search out the perpetrators of these 
 
 dreadful crimes. Spies were put to watch, 
 and foreign detectives were employed by 
 prominent citizens. It soon became evi- 
 dent that some of the city guardians were 
 not entirely loyal to their official duty. 
 Suspicion soon found its subject and then 
 the traitor was sought to reveal the work- 
 ings of the mysterious band. Some one 
 was to be made a victim of a burglary. It 
 is said the man selected to be the victim of 
 this cruel scheme was Peter Germond and 
 his inoffensive family. He lived .°outh of 
 the southeast corner of the city in New 
 Hartford. The night of the burglary was 
 agreed upon as arranged by the spy or 
 pretended burglar and citizen. A band of 
 s aunch and loyal men were to be present 
 and capture them in the act. But it so 
 happened that the Vernon bank was to be 
 robbed on the night previous. This was 
 foiled by a fire that took place in Vernon 
 near the bank the night before. For fear 
 that the tire might break out again a 
 watch was kept on all night. The bur- 
 glars had their man on the ground who re- 
 ported these facts. So they changed 
 their plans and went to Germond's a night 
 sooner than was intended. Germond was 
 unprotected and defenceless. He had no 
 knowledge of the cruel scheme beitig 
 worked upon him. Like many other 
 farmers he took little precaution in mak- 
 ing the approaches to his residence safe. 
 He retired with his family in the full con- 
 fidence that all was well. 
 
 The headquarters of this infamous band 
 was at a more iafamous den near the 
 banks of the Mohawk river. Here they 
 met and divided their blood money and 
 ill-gotten gain. Here they reveled in the 
 lap of luxury From here they proceeded 
 to the banks of the Mohawk river opposite 
 Third street and masked themselves for 
 their hellish work. Then up Third street 
 they went to Pleasant and from Pleasant 
 to the unpleasant scene of action. Access 
 to t' e house was easy, as a member of the 
 family was yet in one of the outer build 
 ings and the door was open. They pro- 
 ceeded to the room of Germond and 
 ironed him with bracelets. His wife and 
 children were confined in another room 
 with a masked and armed robber on guard. 
 They soon plundered the house and re- 
 tired. Germond followed them to the city 
 to be released from his iron bands. The 
 alarm w as given and an order to arrest any 
 and all suspicious persons piiblished. 
 Rioting on their stolen plunder and con 
 gratulating themselves on their easy es- 
 cape, the vile band scattered in all direc- 
 tions to avoid detection. Some of them 
 
24 
 
 went to their homes and some to the foul 
 dens of ill-fame for unlawful pleasure. 
 But one was too anxious to escape and 
 hastened to the depot to take the early 
 train. He believed himself unsafe. 
 
 WILLIAM J. CONROY. 
 
 He is soon arrested and proves himself 
 to be William J. Conroy, captain of the 
 Highland gang on the Hudson. Perhaps 
 a more cruel and desperate man never 
 lived. He was unscrupulous and heart 
 less. He was put into the custody of the 
 Sheriff and finally induced to tell the 
 whole story of his shame. Interested 
 citizens visited him at the jail and prom- 
 ised him his liberty and a reward if he 
 would divulge the whole secret of his 
 crime. It is done, and Conroy, a few 
 days ago but a despised robber, is made 
 the hero of the hour. He malies a clean 
 breast of it and prides himself in his 
 shame. The Grand Jury sits, he goes be- 
 fore it and the desperate gang headed by 
 Thomas Scott, "Buckey" Malone, George 
 Ellis and others are indicted, tried and 
 convicted and given sentences aggregating 
 nearly a hundred years. Conroy is now 
 released on bail. The bail is forfeited, and 
 one of the greatest farces ever known in 
 the criminal jurisprudence of the criminal 
 world is enacted. 
 
 WARRANTS FOR CONROY. 
 
 The parties promising Conroy his lib- 
 erty and reward little thought of the 
 dreadful character of the man. He was 
 associated with a gang that had ransacked 
 and robbed in almost every city and vil- 
 lage east of Albany. Warrants were in 
 the hands of the Sheriff demanding his 
 presence in other counties. The Sheriff 
 was responsible for their execution and his 
 custody. Jailors and all deputies were 
 notified of this fact and so was Conroy. 
 Notwithstanding this an attempt was 
 made to get him out of the custody of the 
 Sheriff to use as a witness in- the Hood 
 burglary at Albany. 
 
 HIS ESCAPE. 
 
 The jailor at Rome was induced to 
 bring him to Utica, and while the train 
 was waiting at the depot, a lunch was pro- 
 vided for all. While the jailor was drink- 
 ing his tea and eating his oysters, the train 
 commenced to move, and Conroy and his 
 would be custodian escaped to the train. 
 The jailor ran -ind jumped on and jumped 
 off. He repaired to the Sheriff's office for 
 instructions and was instructed to go 
 home. 
 
 THE PURSUIT. 
 
 The Sheriff, armed with his warrants, 
 at once organized a posse to pursue the 
 fleeing refugees. It consisted of the 
 Sheriff George W. Benedict, Alexander 
 Hutchinson and the author. The author 
 was in Clinton all day, and returned just 
 in time to be sent for. The main deputy 
 being engaged, the writer was requested 
 to accompany the party. The train which 
 Conroy had taken only went as far as Lit- 
 tle Falls. So the posse boarded the ex- 
 press and reached Little Falls shortly after 
 the accommodation. The posse was to 
 divide, two going on each side of the 
 train from front to rear. We had 
 hardly alighted from the car when a yell 
 came from the shaded darkness on the 
 river side like the howl of a Commanche 
 chief. It was an indication that George 
 W. Benedict had discovered Conroy. 
 
 THE BATTLE. 
 
 Proceeding to the spot from whence it 
 came, behind a great caboose, a deadly 
 fight was going on between young Ben- 
 edict and three other men. At the time 
 we did not know who they were, but were 
 afterwards informed that one was Conroy, 
 the others Detective Cower and Hon. 
 Miles C. Comstock. Young Benedict 
 took hold of Conroy with one hand and 
 Comstock with the other. In a few mo- 
 ments revolvers were flashing in the lamp- 
 light. As the author approached with his 
 handcuffs the combatants retreated to the 
 train. Here another battle ensued, and it 
 was a desperate one There was a war of 
 angry words and clash of weapons. Each 
 party called upon the assembled crowd 
 for assistance. The Sheriff and his posse 
 were getting the worst of it. Blood 
 flowed freely. A revolver was pointed at 
 the author, and in an instant he wrenched 
 it from the hand of his assailant. There 
 were a few blows and a flash and Conroy 
 lay bleeding in the arms of young Bene- 
 dict. The affray was then soon ended 
 and the assailants rushed from the car for 
 their own dear life. We had met the en- 
 emy and they were ours. 
 
 CARING FOR THE WOUNDED. 
 
 The wounded prisoner was then taken 
 to the hotel and a surgeon summoned. It 
 proved to be an old chum of the author's. 
 He probed for the bullet but could not 
 find it. It had entered the cheek below 
 the left eye and passed into the mouth. 
 The wound was painful but not danger- 
 ous. After caring for the prisoner all 
 took the morning train for home. Conroy 
 
25 
 
 was afterwards surrendered on a writ of t was done to pack the committee in his 
 
 habeas corpus and taken to Albany to tes- favor; that the Sheriff was an old Super- 
 
 tify in the cases there. He was after- visor and knew who were liberal men. 
 
 wards bailed on the indictments against When the Board met a majority of tne 
 
 him and set free for a time. But he could members named were placed on the com- 
 
 not shake off his old habits— he was a nat- mittee. They were supposed to be hon- 
 
 ural criminal. He soon committed several orable men who understood their duty, 
 great crimes in quick succession. He is „ .. 
 
 said to have shot and badly wounded one ^^^ committee. 
 
 of his female friends in a jealous passion, The committee met and organized. The 
 
 also to have shot and wounded an officer Board was Democratic, as was a majority 
 
 trying to arrest him, and finally he blew of the Committee. Chairman Silas T. 
 
 Ives was an ambitious man and Assembly- 
 aianelect. He was a friend of Armstrong 
 and was playing hot and cold, but in fact 
 was a deadly enemy of the Sheriff. Arm- 
 strong was a leading Democrat and had a 
 Conroy had sworn that he would kill the great influence with the Board. Ives kept 
 
 the front of a house to pieces at Hudson 
 and was sent to Clinion Prison to die, that 
 is for life, and he did die there. 
 
 HE SWORK HE WOULD KILL THE WRITER. 
 
 writer at sight for revenge. For this pur- 
 pose he came to Utica and lay around for 
 weeks and shadowed the object of his 
 search wherever he went. One morning 
 in June it became necessary to 
 take the three o'clock train for the East. 
 The author started down Genesee street to 
 tne depot. On approaching Bagg's 
 Square who should he meet but Conroy. 
 He was coming from a well known resort 
 in Deerfield. Revolvers were drawn and 
 a duel was apparent. Each party advanced 
 within about ten paces. The author stopped 
 and took deliberate aim and Conroy 
 dropped and ran into Bai.]'g's Hotel. He 
 was a cruel and heartless sneak and blood 
 thirsty villian. He thought the chances 
 were against him and vanished from our 
 
 him posted on all seeming irregularities of 
 the Sheriff's accounts. As each one was 
 named Armstrong would note it and put it 
 on his brief for charges. Finally the 
 charges were perfected and preferred, 
 Albert N. Borst, Supervisor from Bridge- 
 water, and ex- Clerk, joining with Arm- 
 strong as complainant. The charges were 
 briefly as follows: 
 
 SPECIFICATIONS AND TRIAL. 
 
 The escape of Dillon, attempting to 
 pack a committee of the Supervisors in 
 his favor, putting too many officers on the 
 courts, exorbitant charges against the 
 county and general misconduct. They 
 conveyed to Governor Samuel J. Tilden, 
 with a request that he appoint a commis- 
 sion to hear and take the evidence, and 
 
 Sfr'LndVurSrv ^'^""^ ^' ^'^ ''''' tMt Ihe M^r^ey G^ner^or a Depu^^^^^^^ 
 Germond burglary. instructed to take charge of the case. The 
 
 County Judge and District Attorney were 
 
 CHARGES AGAINST THE SHERIFF. 
 
 Among the prisoners in Rome Jail was 
 Richard Dillon. He was indicted for set- 
 ting fire to the buildings on Col. Enoch B. 
 Armstrong's farm. Armstrong was eager 
 and anxious for his conviction. Dillon 
 was sickly and suffering from a fatal and 
 offensive disease. Physicians advised that 
 he be allowed to go out in the jail yard 
 
 both Republicans and friendly to the 
 Sheriff. In compliance with the request, 
 Hon. Arthur M. Beardsley was appointed 
 Commissioner and D. M. K. Johnson, of 
 Rome, Deputy Attorney General. A long 
 and tedious trial ensued as the Sheriff an- 
 swered the charges through Hon. J. 
 Tho I as Spriggs and the Kernans. A large 
 
 for his health as a matter of humanity to volume ot evidence was taken by the re- 
 the misoner and justice to his associates, fprtev for the Utica 3fornmgBemkl (Wil- 
 — " - - liam Schachtel, now of the Press) for 
 
 Johnson & Prescott, which lies before me. 
 This was submitted to the Governor. The 
 Governor found substantially as follows: 
 The escape of Diliion occurred through 
 no fault of the Sheriff, but through the 
 fault of a deputy, and, as the deputy was 
 promptly removed by the Sheriff he had 
 about to convene, the Sheriff having to purged Jiimself of any criminal or official 
 leave the county on important business, negligence. The deputv should be pun- 
 wrote lelteri! lo those whors he thought to ished. 
 
 be his friends witli reference to the organi- Attempting to pack the Board of Super- 
 zation of the Board. Armstrong learning visors and organize them in his favor, 
 this, made it an additional charge, claiming That indiscreet letters were written by his 
 
 The jailor at Rome permitted him to do 
 so. One day Dillon made his escape. 
 Armstrong was indignant and was de- 
 termined to prefer charges against the 
 Sheriff. 
 
 THE BOARD OP SUPERVISORS. 
 
 When the Board of Supervisors was 
 
26 
 
 clerk, but the fact iinsustained. 
 
 Putting too many officers on the courts. 
 Not sustained, being more particularly the 
 fault of the courts, as they had their 
 right and it was their duty to have the 
 roll called at the opening of the court and 
 dismiss all unnecessary attendants. It 
 made a great expense to the county, but as 
 extraordinary trials were in progress like 
 the Germond burglary, it must be assumed 
 that the Court thought them necessary. 
 
 Exorbitant charges. Some of the charges 
 were irregular but the Supervisors were 
 there to audit and correct. The Sheriff 
 had the right to place his own value on 
 all services not provided for by statute, 
 and the Supervisors were the arbitors of 
 the true value, and as they had exercised 
 that duty the responsibility was with 
 them. 
 
 General misconduct. Not sustained. 
 
 Governor Tilden laid aside the case 
 with his conclusions and his successor, 
 Governor Robinson, dismissed them. The 
 proceeding cost the county about $10,000. 
 Three thousand was refunded to the Sheriff 
 for disbursements. A full account of this 
 case may be found in the printed volume 
 of the trial and in the Slate papers of 
 Governors Tilden and Robinson. The trial 
 was very exciting and at times witnesses 
 and even opposing counsel indulged in a 
 war of words, and in the excitement one 
 of the counsel for the defense assaulted 
 one of the counsel for the prosecution. 
 
 MEN ENGAGED IN THE GREAT TRIAL. 
 
 When this great case was on trial, the 
 author was managing clerk in the office 
 of Johnson & Prescott at Rome. As such 
 he aided in the preparation of the case and 
 became familiar with the laws governing 
 the duties of Sheriff. He had been, up to 
 this time, carrying two and distinct 
 courses of study — law and theology. Law 
 with Johnson & Prescott, and theology 
 with Professors of Hamilton and 
 Auburn. He had worked his way 
 through all the preparatory schools and in- 
 vested what money he had saved in the old 
 homestead farm of his ancestors. A great 
 fire now occurred and laid in ashes nearly 
 all the buildings on the estate, and swept 
 away his earnings, unless the lands could 
 be redeemed. AH of his near relations 
 but his mother and a younger brother had 
 gone to their final rest. The affairs of the 
 estate were complicated and the property 
 left badly encumbered. Dark, indeed, 
 seemed the future. But the homestead 
 must be redeemed for mother Theology 
 had to be dropped and law resumed, 
 alone. It was a necessity, but from the 
 depth of a grateful heart, to a kind and 
 
 beneficent Providence, may it be said and 
 affirmed, we hope to so live as to cast what 
 little influence we may have in the balance, 
 where it will weigh and be counted in the 
 cause of our Divine Master. We believe 
 in His teachings and confide in His prom- 
 ises. For in the innermost soul there is a 
 something which teaches us that they are 
 true. It may be what IngersoU calls the 
 touching of the "Something deemed di- 
 vine." Certainly it is an experience, a re- 
 alization. While contemplating these 
 things and the duty of the hour. 
 Sheriff Benedict found us and sought 
 our services. We were now ad- 
 mitted to the bar and accepted his 
 proposition as deputy, clerk and counsel. 
 Here we have remained ever since, under 
 all the administrations and have succeeded. 
 Succeeded in almost all we have under- 
 taken; succeeded in redeeming the home- 
 stead; succeeded in erecting a shaft to the 
 memory of the grateful dead and kind re- 
 membrance of our kindred; Succeeded in 
 building a home for ourselves; succeeded 
 in everything but politics, and in that we 
 have partially failed, and for this reason, 
 to the unfortunate ones addicted to the 
 vice of intemperance, we have acted the 
 part of the "Good Samaritan." That is, 
 we belong to h Temperance Society, 
 
 From this point we write not alone from 
 the records, but from memory and personal 
 experience. And when we say that, we 
 can say. of George Benedict, that he was a 
 well meaning and deserving Sheriff. He 
 made some mistakes, and so have all the 
 rest. These cost him much trouble and 
 expensive litigation. The appointment of 
 constables or attendants for the court is a 
 political nuisance and has caused every ad- 
 ministration as well as his much trouble 
 and complaining. Many ward politicians. 
 Supervisors and wire pullers often impose 
 upon Sheriffs to secure their appointment. 
 In January, 1889, the Judt;es of the Su- 
 preme Court fully appreciating this, met 
 in convention under the law, and fixed the 
 number, thus, relieving the Sheriff from 
 most of the responsibility. By their action 
 in such courts, the discretionary power 
 of the Sheriff is largely taken away. The 
 appointments are now made by order of 
 the court, or only as fixed by the judges, 
 and the rule is rigidly enforced. So the 
 Courts assume the responsibility. Had 
 this action been taken in Benedict's time 
 much evidence would have been ruled out 
 of the great trial. Many of the malignants 
 could not have vented their feelings for 
 revenge. Political soreheads are the most 
 spiteful and unscrupulous of mankind. It 
 is well for Sheriffs, taxpayers and all con- 
 
27 
 
 cerned, that the Courts have removed these 
 appointments, at least, partially, from 
 politics. 
 
 D. MINOR K, JOHNSON. 
 
 It Is a grateful and pleasant duty to 
 pause right here, in the midst of these 
 sketches, and pay a tribute of respect to 
 one of our dearest and most revered friends, 
 D, Minor K, Johnson, Deputy Attorney 
 Oeneral in the Benedict trial. A man 
 more devoted to his chosen profession 
 never lived. He was ever true to his clients, 
 and honest and scrupulous to a fault. 
 Every case that came into his hands he 
 he made his own. His books were his 
 constant companion, and his selections 
 were the very best and most reliable stand- 
 ard works. Socially he was genial and 
 pleasant; he delighted in the student who 
 was ambitious and faithful in his studies. 
 Few graduated from his office who are 
 not steadily climbing the ladder of fame. 
 In the laws of negligence and co opeiative 
 rights, he was master. He was careful, 
 painstaking and clear upon every legal 
 proposition. For years before his death, 
 he was counsel and attorney for the N. Y. 
 C. & H. R. RR. Company. He and Depew 
 Sedgwick and Mitchell, all distinguished 
 men, were school chums, and became ad- 
 vocates, orators and successful lawyers. 
 Many of his cases, from the Circuit to the 
 Court of Appeals, stand as mvinuments to 
 his learning, genius and care. They will 
 remain as guides to the profession for cen- 
 turies to come, as precedents for genera- 
 tions yet to follow. He loved, he honored 
 and adorned his profession. In his fam- 
 ily he was a kind and indulgent husband 
 and parent. He loved his family far bet- 
 ter than himself. His standard of excel- 
 lence was the mosc enobling, for it was the 
 Christian standard. He lived and thought 
 for the benefit of the world and his profes- 
 sion, and the world and profession was 
 ma^e better that he lived and thought. 
 We have mentioned these facts because he 
 was the prosecuting attorney in the Bene- 
 dict case, and because he was our o wn 
 tutor in the early days of our study. We 
 entered his office a poor, wounded cripple, 
 with little money and few friends. In our 
 physical condition, we were unable to per- 
 form many of the duties of the office as it 
 should be done, and he kindly aided and 
 corrected, as fatherly as he would a child. 
 He was a noble man. and will ever have in 
 our mind and heart, a grateful and affec- 
 tionate remembrance. 
 
 No wonder Governor Tilden and the 
 States Attoraey designated him for the re- 
 sponsibilities of the great Sheriff trail of 
 Oneida County. He was eminently fitted 
 
 and did honor to the trust 
 
 CYRUS D. PRESCOTT, 
 
 Cyrus D. Prescott was the law partner 
 of D M. K. Johnson, and now conducts 
 the large railroad practice left to him as a 
 legacy by the firm on the death of Mr. 
 Johnson. He is a careful, painstaking 
 attorney and has held many important 
 positions of public trust, among them 
 Commissioner, Alderman, Assemblyman 
 and Congressman. Such were the counsel 
 arrayed against Benedict. 
 
 THE, DEFENSE 
 
 For the defense were associated the Ker- 
 nans including Francis and William Ker- 
 nan, E. D. Mathews and J. Thomas 
 Spriggs, a grand array of legal talent. 
 Few lawyers in Oneida County ever ex- 
 celled in tact and skill, the genius of J. 
 Thomas Spriggs. He was a most success- 
 ful, pleasing and eloquent advocate. The 
 untruthful witness seldom escaped his 
 notice and detection and sarcastic rebuke. 
 His life-work is yet familiar to us all. In 
 politics he was Democrat and held various 
 positions of trust among them Committee- 
 man, County Treasurer, Mayor and Coun- 
 sel for Utica and Member of Congress. 
 Francis Kernan has long been eminent in 
 his profession, and as a great lawyer en- 
 joys the distinction of a national reputa- 
 tion. He has held many offices among 
 them Congressman and United States Sen- 
 ator. His brother, William, and all his 
 sons, share in the fame and distinction of 
 the affair. Arthur M. Beardsley, the Com- 
 missioner is a son of the great Jurist, 
 Samuel A. Beardsley, Justice of the 
 Supreme Court, and was appointed for his 
 eminent fitness. This great trial revolu- 
 tionized the Sheriff's office, and its influence 
 has been felt throughout the State. Almost 
 every year the author has gone to the legis- 
 lature for the correction of abuses. Some 
 of his briefs have aided in brine- 
 ing about changes in the counties 
 and cities. More especially for im- 
 prisonment under civil process. In ex- 
 amining the law during the progress of the 
 trial he became convinced that it was a 
 relic of barbarism and should be largely 
 abolished. Governors Tilden and Robin- 
 son were men of national reputation, and 
 their action gave prominence and historical 
 significence to the case. It was a closely 
 contested political struggle. In which 
 entered the feeling between Utica and 
 Rome. No man was more conspicuous in 
 the case than ex-Sheriff David Moulton. 
 He wa.9 bound to remove Benedict. It is 
 said that party spirit iran high when 
 Moulton was removed, and that for that 
 
28 
 
 reason Governor Seward was severe. When 
 the eminent counsel D. M. K. Johnson saw 
 politics were being dragged into the case, 
 he remarked to the author that he "de- 
 spised the man who was cowardly enough 
 to sacrifice principle and manhood for pol- 
 itical revenge." Yet how many men pay 
 their debts and avenge their grievances in 
 that way. In these things Oneida county 
 has always been a greac sufferer, and will 
 be, so long as it is a halfshire county. Had 
 such things not existed we believe Ellis H. 
 Roberts would have been Governor of the 
 State and Roscoe Conkling President of 
 the nation. 
 
 FREDERICK G. WEAVER. 
 
 January 1, 1877, Frederick G. Weaver, 
 son of the late Sheriff George F. Weaver, 
 became Sheriff of the county. He brought 
 to the office an experience as Deputy and 
 the counsel and advice of his father. 
 Being a man of good judgment and careful 
 business habits, he soon became a model 
 Sheriff. He was young and active, in fact 
 the youngest man that ever held the office, 
 being only 33 years of age. No deputy 
 imderhim was allowed to do any important 
 work without bein^ first examined at the 
 office in Utica. His brother, Van Rensselaer 
 Weaver, was Undersheriff and the two did 
 most of the work in person. Sheriff 
 Weaver did all the important work him- 
 self, both civil and criminal. His first 
 capital case was that of David White for 
 murdering Solomon Christopher, in the 
 town of Vernon, while engaged in a 
 drunken altercation. White was con- 
 victed and imprisoned for life. Then fol- 
 lowed the exciting Bush burglary in Main 
 street, Utica. Tliis was a grand piece of 
 work, both on the part of the police and 
 the Sheriff. Barnard McClusky and John 
 Sheehau were arrested for the crime and 
 in less than 10 days were safely in Auburn 
 Prison. The Oyer and Terminer was in 
 session. Judge George H. Harding presid- 
 ing. A. special Grand Jury was ordered 
 and they were indicted and tried immedi- 
 ately. In this case an example was set 
 worthy of precedent. Then followed the 
 Deerfield burglaries, at Brown's and Bud- 
 long's. This was another well managed 
 case. To caich the culprits, the Sheriff 
 and his deputies had a lively chase over 
 the Deerfield Hills and down its ravines. 
 When the prisoners were overtaken, one 
 was secured and the other took to the 
 woods. He was fired upon by the Sheriff 
 with the same revolver that shot Conroy, 
 the bullet cutting through the shoulder of 
 his heavy coat. He then threw up his 
 hands and surrendered. They gave their 
 names as Thomas Jacques and William 
 
 Alvord. In a short time they were Ian (led 
 in Auburn Prison. 
 
 THE GREAT RAILROAD RIOTS. 
 
 Then came the great railroad riots and 
 insurrection. Cars were stopped and run 
 off the tracks and the curious people as- 
 sembled in large numbers. There were 
 probably nearly a thousand tramps and 
 strangers in the city and all along the dif- 
 ferent lines of road. Some were vicious, 
 blood-thirsty Anarchists . and bent on 
 plunder and the destruction of property. 
 They were principally strangers and were 
 here principally to pilfer and to rob the 
 unfortunates. The excitement grew so fierce 
 and threatening that the city was declared 
 in insurrection and marshal law enforced. 
 The military was all under arras and 
 special guards were organized for sentinel 
 duty. The milita and veterans were ready 
 to march at a moment's notice. These 
 forces were all under the direction of the 
 author by direction of the Sheriff and the 
 Governor. Every available weapon was 
 secured and put under guard or buried. 
 When all things were m readiness, the 
 author rode through the midst of the 
 threatening elements, read his commission 
 and the proclamation of the Governor 
 and ordered them to disperse. The 
 elements that were for fire and plunder, 
 were bitter and disappointed, for the labor 
 element took sides with the author for law 
 and order. JbJy good judgment a great 
 catastrophe was avoided. At one time, 
 when we were addressing the enraged peo- 
 ple, we would not have given a $10 note 
 for the fine residences of our railroad mag- 
 nates and moneyed men. If a great tire 
 and panic had occurred, it would have 
 bankrupted the county, as all the railroads 
 and other great corporations served notices, 
 making the county liable and demanding 
 protection. As it was, the cost was about 
 $20,000. The county was bonded that 
 year for $40,000. Some counties along the 
 path of the great strikes in the West were 
 bonded, foreclosed and ruined by insurrec- 
 tion. We mention this to show the neces- 
 sity of having a good, reliable man for 
 Sheriff. The riots were very much aggra- 
 vated by the railroad authorities cutting 
 down the wages of their employes and in- 
 creasing their own salaries and profits. 
 
 THE LEADER ARRESTED. 
 
 The author put the leading striker 
 under arrest, but released him at once upon 
 hearing the following statement: "They 
 have doubled their Superintendent's salary 
 and reduced mine to 90 cents. I have 
 earned |5 per day for the same work and 
 
29 
 
 skill. The superintendent got $1,000 and 
 now gets $3,000 for the same work. There 
 is no proof of any extra ability on his part 
 and no additional duties. He was married 
 the other day with great pomp and costly 
 array. He wasted thousands in extravag- 
 ance and vanity. My children were at 
 school, well dresKcd and respected. Now 
 they remain at home or go in poverty. Is 
 this justice? Isthis right? Is it American? 
 I respect you and your official position, 
 but have we no redress for our wrongs?" 
 We ordered him to tack the proclamation 
 of the Governor in a conspicious place be- 
 fore his co-workers and advise them all to 
 go to their homes, pledging ourselves to do 
 all in our power to correct the wrongs. 
 On doing this and on their compliance, he 
 was released. It would have been a horri- 
 ble thing to have irritated them and then 
 turned the guns of the military upon them. 
 This was done in some places and a dread- 
 ful slaughter ensued. In Oneida county, 
 decision, composed and calm judgment 
 avoided any serious trouble. Out of these 
 great strikes have arisen the great labor or- 
 gsnizations. The reduction of wages was 
 harsh and womed a great injustice. It 
 came too suddenly and too severely, but it 
 was the history of the world repeating 
 itself — "Man's inhumanity, to man, makes 
 countless thousands mourn." 
 
 THE AUDITS. 
 
 When the Supervisors met there was a 
 strong and exciting session. The bills pre- 
 sented by the military and other officers 
 were large and many of them excessive. 
 A combination was formed to secure their 
 audit. Into this combination can e Miles 
 C. Comstock with a bill for about $1,300 
 for special services and disbursements in 
 connection with the Germond burglary 
 cases. This was referred to a special com- 
 mittee, with Jonathan Jones-, of Utica, as 
 Chairman. Members Crossttt, of Sanger- 
 field, and Townsley, of Vernon, Eames, of 
 Lee and Grant, of Boonville, were bis 
 assistants. The first three members of the 
 committee made a favorable report. It was 
 to the effect that valuable services were 
 performed, and in the discretion of tke 
 Board should be allowed. 
 
 By various manipulations a majority of 
 the members of the Board were induced to 
 vote for ihe adoption of the report and a 
 draft was ordered. The county was bonded 
 for this and other debts to avoid an in- 
 crea<<ed levy of \ he tax th»^t year. Jones 
 and his committee were inf^icated by the 
 Grand Jury for alleged misconduct in 
 allowing Com^tock's claim, but before a 
 
 trial could be had. Jones was taken sick 
 and died. 
 
 The two latter made a minority report in 
 which they said that the claim was un- 
 worthy of audit but the report was not 
 accepted. For this action, however, they 
 were not indicted. 
 
 Comstock's services, it was claimed were 
 never authorized by the Sheriff or county 
 officials. The committee found that the 
 county was benefitted by his services and 
 that his disbursements should be refunded. 
 
 BAHN BURGLARS. 
 
 The Sheriff now turned his attention to 
 the extermination of a gang of burglars in 
 the Third Assembly District. Before he 
 got through they were completely annihil- 
 ated and about fifteen of them placed be- 
 hind the bars at Auburn. Charles Rudd, 
 Thomas Keats, James Manning, Michael 
 Golden and John S. Kinney were among 
 the number. 
 
 TEMPERANCE REVIVAL. 
 
 A great temperance revival now occurred 
 under Frost, Evans and McKelvey. Public 
 sentiment ran wild against the saloons and 
 Excise Board of Utica. The Board and a 
 large number of saloon keepers were in- 
 dicted. This was the greatest crusade ever 
 conducted against the liquor traffic in this 
 county, and had it been followed up, would 
 have resulted in great good. As it is, all 
 that remains Is a few reformed men. 
 
 DANFORD vs. WEAVER. 
 
 One of the most celebrated civil cases 
 ever tried in Oneida county was that of 
 Danford against Frederick G. Weaver as 
 Sheriff. The Sheriff had arrested a well- 
 known citizen who had settled a case in 
 Surrogate's court improperly and in the 
 interest of the widow and in opposition to 
 some of the creditors. The matter was 
 finally contested and decided aj:ainst the 
 man who had » been arrested. It was a 
 rather peculiar proceeding and full of sharp 
 practice. The arrest was made on several 
 attachments from Surrogate's court. Bonds 
 were given for the prisoner for the liberties 
 of the jail and both sureties died. Their 
 estates were settled without notice of the 
 liability. The wife of the prisoner was 
 burned to death while her husband was on 
 the limits. Forest Hill Cemetery is beyond 
 the limits line, and the prisoner accom- 
 panied the family on the day of the funeral 
 as far as the limit line and was about to 
 get out of the carriage, when his children 
 began to cry and plead with him to accom- 
 pany them to the grave. He finally yielded 
 lo iheir tears auU crossed the limit line. 
 
30 
 
 A spy had followed the funeral with a 
 horse and carriage in the line with the other 
 carriages forming the solemn procession. 
 When the limits were passed, suddenly the 
 carriage wheeled out of the procession and 
 sped bick to the Sheriff's office with a 
 Supreme writ to serve on that official. It 
 was quickly served by the officer and the 
 spy sped back to the line watch in hand, 
 but the procession had re-crossed the limits. 
 Another spy, however, had accom;anied 
 the cortege to the grave and returned with 
 it anu on his evidence, corroborated as it 
 seemed to be, the jury found that the pris- 
 oner was beyond the line when the papers 
 were served. This made the Sheriff liable 
 for an escape and cost him nearly |3,000. 
 The only remedy the Sheriff had was to 
 arrest the prisoner when his bondsman or 
 bondswoman died or burned to death and 
 commit him to jail. Such action would 
 have prevented his attending his wife's 
 funeral and consoling his children. This 
 seems to be the most damnable outrage 
 ever perpetrated in the name of the civil 
 law and of American jurisprudence. The 
 case may be found in both the reports of 
 the General Term and of the Court of 
 Appeals. The author then swore vengeance 
 on body executions as a relic of barbariam, 
 and has fought his way to the Legislature 
 year by year, till it is now so modified as 
 to be almost worthless. He reported case 
 after case in various matters until an inves- 
 tigation was ordered. There are a num- 
 ber of humane statues now on our books 
 placed there through his influence and 
 advice. 
 
 After citing this record it is almost use- 
 less to say that Mr. Weaver was a good 
 Sheriff— the fact is, he was never excelled 
 — and Oneida county may well be proud of 
 Frederick G. and Van R. Weaver. 
 
 FKANCIS X. MEYERS. 
 
 January 1, 1880, Col. Francis X. 
 Meyers, of Utica, succeeded Frederick G. 
 Weaver. Previous to the war for the 
 Union, he was a merchant and shoe 
 dealer. When the war broke out, he 
 raised a company and was made Captain 
 of Co. C. 117th Regiment, N. Y. S. Vol- 
 unteers. By meritorious service, he was 
 successfully promoted through the grades 
 to Lieutenant Colonel of the regiment. In 
 the gallant charge on Fort Fisher, he so 
 distinguished himself as to win the title of 
 Colonel. A resolution of commendation 
 and thanks was voted him by the Legi.'- 
 lature of the State. He was a bi ave and 
 popular solriier participating in all 
 the battles of his regiment. At the 
 
 capture of Fort Fisher he was 
 badly wounded in the shoulder. In 
 politics he was originally a Democrat, but 
 from the time Sumpter's guns echoed the 
 sound of war he was a Republican, loyal 
 to the Union and true and faithful in all 
 things. 
 
 The very large and flattering majority 
 he received for Sheriff proved the ap- 
 preciation of a grateful people. Before 
 assuming the duties in the Sheriff's office 
 he had failed in the furnishing goods 
 business. This proved a great embarrass- 
 ment to him in his term of office. He was, 
 however, an eminently honest man and de- 
 termined to pay all his debts to the full 
 satisfaction of all his creditors. After 
 starting on his official duties the first case 
 to require his attention was that of James 
 Welch, Jr., for killing a comrade while in- 
 toxicated at Oneida Castle. 
 
 JESSE SMITH AND MATTHEW FLA NIG AN. 
 
 This was closely followed by the indict- 
 ment of Jesse Smith and Matthew Flanl- 
 gan for the murder of an old gentleman 
 named Vedder at North Bay. The case 
 was one of arsenical poisoning. Jesse was 
 said to be a wayward girl. She ran the 
 hotel for Vedder, who had been a Madison 
 county farmer. In her younger days 
 she was beautiful and bewitching but time 
 and dissipation left marks on her counte- 
 nance and once almost perfect features. 
 The trial was long and tiresome and re- 
 sulted in an acquittal. There were all 
 sorts of rumors about the jury and their 
 conclusion. Jesse is said to have been in- 
 timately acquainted with two or three of 
 them and that they were very friendly 
 to her cause. Her case decided Flani- 
 gan's. Poison was found in Vedder's sys- 
 tem but no one could identify her with it 
 or In its purcase. 
 
 WILLIAM HENRY OSTRANDER. 
 
 The next case was that of William 
 Henry Ostrander for killing his brother at 
 West Camden. lie was an ignorant, dis- 
 sipated aud desperate fellow. The mur- 
 dered briither lived in Connecticut and 
 was home spending the holidays. They 
 quarreled over taking one of tlie younger 
 sisters to Connecticut. It was Sunday 
 morning aud thev were preparing for 
 church. William Henry had been drink- 
 ing cider and was ugly and very offensive. 
 Revolvers were drawn by each, which 
 finally resultcid in the fatal shot. He was 
 convicted of murder in the first degree and 
 sentenced to be hanged. 
 
Si 
 
 ANO STODDARt). 
 
 The next case was the murder of James 
 Vanderpool by Ano Stoddard in West 
 Utica. Stoddard had been doing the sa- 
 loons and came home drunk. Vander- 
 pool was a veteran of the late war and 
 constable of the Ninth Ward. He was 
 ca.led in by Mrs. Stoddard to aid in quiet- 
 ing her husband. Stoddard flew into a 
 passion and shot Vanderpool and mortally 
 wounded him. He died in a few days. 
 Stoddard was tried and convicted of man- 
 slauhhter and sent to the penitentiary at 
 bany. 
 
 MICHAEL ROCO. 
 
 Michael Roco was an Italian and shot 
 and killed a fellow laborer at Cassville. 
 They had been drinking and had an alter- 
 cation about a woman who did their cook- 
 ing. Roco escaped to Europe, sailing 
 from New York to Paris. The Super- 
 visors thought It best to let him stay 
 there. 
 
 FERDINAND KOENIG. 
 
 Ferdinand Koenig, beat his wife until 
 she died, while in a beastly state of intoxi- 
 cation. They were both in about the same 
 condition. He was allowed to plead to 
 manslaughter. 
 
 SALOON MURDER. 
 
 Then came the murder In a West Utica 
 saloon for which John Brandt was ar- 
 rested -with several others. A drunken 
 man was thrown from the building and so 
 injured that he died. In this case there 
 seems to have been no conviction. 
 
 MILTOK D. BARNETT. 
 
 The bar of Oneida county will wait 
 many a long day before it fiLds a young 
 man who can excel in eloquence the late 
 District Attorney Milton D. Barnett. He 
 was a scholar, a fine orator and a brilliant 
 advocate. For years while in official life, 
 he rode with the advanced tide of public 
 sentiment. He was the most popular man 
 of his time and full of hope and promise. 
 The people looked to him as the guardian 
 of their most sacred rites. He had their 
 full confidence and respect. But in 
 an evil hour, when hh had little thought an 
 enemy was at the threshold of his very 
 home with a concealed dagger for his 
 hsart, jealousy, envy, hatred and malig- 
 nant falsehood, were following in his path- 
 way. Exposed self-interest knows no 
 bounds. The political defamer, like 
 death, loves a shining mark. Such was 
 the fate of Milton D. Barnett. He was 
 indicted for reeeiving a bribe deposited 
 with James C. Daly for his benefit to 
 
 quash the Indictment against one Asa 
 Jones. When the indictment was quashed 
 Jones wanted his money back and Daly 
 refused to give it up. If that was all 
 there was in the case, Jones could have re- 
 covered his money bringing an action In 
 the court. Had he done so and If Barnett 
 had the money, it would have been re- 
 funded. But no, there were other influ- 
 ences in the case. Barnett swore he never 
 received a cent of the money. We be- 
 lieve him. From a persona) knowledge of 
 some of the facts, we could not do other- 
 wise. We took certain acknowledgements 
 that would indicate that the money went 
 In another way. Ou the great trial Bar- 
 nett was acquitted but ruined. His pros- 
 pects were blasted, his hopes were gone, 
 his proud spirit was crushed and humbled 
 In the dust. He had been suspected of 
 crime, the loved ones that confided in him 
 were abashed and humiliated. His wife 
 and adopted boy were stung to the heart, 
 their home was clouded with suspected In- 
 famy, the blow was too heavy; It was 
 more than he could bear; It shattered his 
 Intellect; It grieved him; it sapped the 
 vitals of life; death alone brought him re- 
 lief. He welcomed it as a sweet harbor of 
 repose. If there is anything cruel in this 
 world of ours, it is such cases as this. 
 Would that every newspaper and every 
 scandalizer might realize this fact when 
 they utter charges against their fellow 
 men. There are innocent hearts that can 
 be stung; there are those that suffer for 
 others' wrongs. We have said this much 
 because we have a knowledge of the facts 
 and a firm conviction it is right and our 
 love of justice demands it. It cannot help 
 Milton D. Barnett; he is beyond the neecl 
 of mortal aid, but we sincerely hope it 
 may, to some extent, relieve the aching 
 hearts and help drive the reproach from his 
 memory. He was not faultless. Me may 
 have yielded to temptation In some things 
 but whatever may be the fact, reader, 
 
 "Gently scan thy brother man. 
 
 Still gentler sister woman, 
 Though they may gang a heinous wrong, 
 To step aside is human." 
 
 And we are all human. 
 
 OTHER CASES. 
 
 There were other cases of importance — 
 among them thit of Henry Renshaw for a 
 deadly assault on Dr. John P. Gray at 
 his oifice In the New York State 
 Lunatic Asylum. He was found insane 
 and committed for treatment. Another 
 was the killing of Johnny Martin by a 
 jealous pal in the Fifth Ward, Utica, but 
 
32 
 
 the most shocking of all was the wicked 
 and cruel operation by Dr. Thomas Spier, 
 which caused the death of Mrs. George 
 Lawrence. He was a low, misguided and 
 drunken brute. One of those men of his 
 profession who seek to make a living out of 
 the misfortune of unhappy and conscience- 
 less young women. Like all men of that 
 character, he entertained low, vulgar ideas 
 of human existence. Whisky was his idol 
 and his God. He had taken too much, 
 his hand was unsteady and he tore the 
 very vitals from the poor woman's body. 
 For this he was arrested and put under 
 $10,000 bonds. He was indicted by the 
 Grand Jury and a warrant issued when it 
 was too late. The villian had escaped and 
 forfeited his bail, which was paid to the 
 County Treasurer. His escape was made 
 on the Utica & Black River Railroad, iu 
 the darkness of the night. A spy and 
 private detective accompanied him beyond 
 the lines. Spier was wrapped in a great 
 coat and feigned sleep. The private de- 
 tective handed the conductor the tickets 
 while sitting in the same seat,ithen changed 
 his position to watch while the fleeing cul 
 prit slept. This is one of the cases where 
 the secrets of the Grand Jury were di- 
 vulged to the injury of the enforcement of 
 civil law and justice. Every officer and 
 juror should have been called into court 
 and examined, so that the wrong-doer could 
 have been punished. 
 
 RIOTS ON THE WEST SHORE. 
 
 During the last year of Col. Meyers' 
 term a desperate riot occurred on the West 
 Shore railroad. A band of Italians, about 
 200 strong, had gathered on the road, 
 where they were laboring between the 
 East county line and Westmoreland. 
 They became dissatisfied with their pay 
 and went on strike. Many of them be- 
 came intoxicated and in their madness as- 
 sembled their forces at Hampton and be 
 yond. They took possession of the 
 Brockett Brewery and drank to their till. 
 The people all along the line of march be- 
 came alarmed and locked and barred their 
 doors. Many depredations were commit- 
 ted. A dispatch was sent to the Sheriff, 
 who, with the author repaired at once to 
 the 3cene of action. A posse was sum- 
 moned and an exciting battle ensued. The 
 author caught the ring leader and put him 
 under arrest. The entire band then 
 opened the attack with knives, stilletos, 
 clubs and stones. During this melee the 
 leader escaped. The author ordered him 
 to surrender. He refused and drew his 
 knife. A more savage and desperate man 
 
 we never saw. As he lifted his arm to 
 strike the author shot his knife into the 
 air and put a ball through his han 1. He 
 then took to the woods in flight. Several 
 shots were fired and several of the Italians 
 were slightly wounded, A dark and 
 heavy cloud hung directly over the con- 
 tending forces. There was a clear, bright 
 electric flash and a thunder clap as though 
 all heaven's artillery had opened upon ua, 
 and it seemed as if the clouds had burst 
 and the rain came down in torrents. This 
 was a lucky thing for the Sheriff and the 
 Italians retreated to an old factory near by 
 and used them as a barracks or stopping 
 place. No oflicer could have been put in 
 a worse position. The Italians could not 
 understand a word spoken and fought 
 like desperate savages. An interpreter 
 was called and entered the room and ad- 
 vised them to disperse. They now got to 
 quarreling among themselves. The 
 Sheriff reinforced his posse and the 
 author went and directed the Italians to 
 at once disperse and leave for their homes. 
 As the posse prepared to advance upon 
 them they retired. The wounded were 
 taken to a doctor's and had their wounds 
 dressed. This ended the strike, and all 
 went to work but a few desperate leaders 
 who fled from the penalties of the law. 
 
 Meyers was a kind hearted, upright and 
 honest man, but failed to make as much 
 money as some other Sheriffs. 
 
 ANECDOTES. 
 
 One day in the early part of the 
 Colonel's term, a large attachment 
 was received at the office to enforce 
 against the property of Gen. 
 James H. Ledlie, who was associated 
 with the Colonel in the army. The Gen- 
 eral was an old Utica boy and came to this 
 city from Nebraska to attend the funeral of 
 his mother. He was superintendent of a 
 Western railroad. Not thinking of the 
 sharp scheme being worked upon him, he 
 deposited |13,000 in the First National 
 Bank. The money was attached by the 
 author for a New York firm. After the 
 funeral the General went to draw his 
 money to return home and was acivised of 
 the attachment. This frustrated all his 
 plans, and for the world he wnuld not let 
 his corporation know of it. lie went to 
 New York and arranged to settle. His ar- 
 rangements were all perfected but Sheriff's 
 fees and disbursements which amounted 
 to about $400. The General and the 
 Sheriff talked about war times and their 
 friendly relations while before Petersburg 
 and the various other struggles in life. Fi- 
 
33 
 
 nally the General told of his trials and af- 
 flictions and asked the Colonel to take $100 
 The author stepped up and told 
 the Sheriff he would wait many a 
 long day before he got another such a fee. 
 The Colonel responded, when he told me 
 of his troubles and the old war associa- 
 tions and the hardship it would work: "I 
 haven't the heart to take any more" . 
 
 On another occasion a large execution 
 was received against Gen. James G. 
 Grindley. The Colonel was instructed to 
 go to his house and make a levy. The 
 Colonel went to the General and told him 
 of his troubles and the cause of his em- 
 barrassment. They chatted of old times 
 and the changps of business and its disap- 
 pointments. The General agr ed to pay 
 It as fast as he could. The Colocel left 
 without making a levy. The author 
 asked him if he had levied. He said he 
 had not the heart to do it. It looked like a 
 breach of confidence of a friend in friend. 
 "In war times I would trust him with my 
 life, and I will trust him now. I can't do 
 It." c3o the author had to go and make 
 the levy. These things look harsh, but 
 they have to be done and done right. 
 If the levy had not been made in this 
 case just when it was, the bheriff would 
 have been liable for the entire amount of 
 the judgment as other creditors were 
 awaiting their claims. No Sheriff can le- 
 gally show charity until he secures him- 
 self and his processes. 
 
 The Colonel was a brave and kind- 
 hearted man. Had he been County Clerk 
 instead of Sheriff, he could have saved a 
 fortune. His heart whs too biir for the 
 stvere duties of Sheriff if he wanted to 
 make money. Few nobler men live to- 
 day. As it was the business was all done 
 in the best possible manner, but with 
 small fees and malice toward none and 
 charity for all. Spriggs & Mathews were 
 his counsel and legal advisers in all that 
 pertained to his office. The Colonel 
 ought to be rich in friends if not in this 
 world's goods. He is naturally honest, 
 upright and deserving. 
 
 THOMAS D PENFIELD. 
 
 In the great and stirring campaign of 
 1882, there was a generel revolution in the 
 politics of Oneida county. Only one Re- 
 publican was elected and that was County 
 Clerk and he was snatched as a brand 
 from the burning. The State also went 
 Democratic by an f>verwhelming major- 
 ity. Grover Cleveland, an old Oneida 
 county boy, was elected Governor over 
 that eminent scholar, jurist and statesman, 
 
 Charles J. Folger. And the ambitious and 
 crafty politician, David B. Hill, was elected 
 Lieutenant Governor by the greatest ma- 
 jority of them all. This was a campaign 
 of hatred, bitterness and revenge. Princi- 
 ple, manhood, integrity and worth were 
 all sacrificed on the altar of political ven- 
 geance. Spite triumphed over right; po- 
 litical greed over gratitude and justice. 
 The Utica Morning Herald had sup- 
 ported the citizen's (Democratic) candidate 
 for Mayor in the city election 
 in the spring and omitted the names 
 of the party in the general elec- 
 tion in the fall. Its friends and its foes all 
 went to the wall together and foreshad- 
 owed the defeat of their Presidential 
 candidate in 1884, James G. Blaine. 
 Conkling and Piatt had tesigned from the 
 United States Senate, the lamented 
 Garfield had been murdered, and 
 Chester A. Arthur was President 
 of the nation. The Republican party In 
 the county of Oneida was in a state of 
 political chaos. But, fortunately for the 
 people, the Democracy nominated for 
 Sheriff one of their most esteemed and 
 venerable leaders, Thomas D. Penfield, of 
 Camden. He was born and raised in the 
 county and was a native of the tuwn. The 
 ruins of a little old log cabin on the hill- 
 side about two miles from the village of 
 Camden, marks the spot of his birth. 
 What remains is now covered by the fra- 
 grant wild flower and delicate ferns while 
 the woodvine twines around the decaying 
 posts and sleepers. It is a lovely spot and 
 a fit reminder of younger days. No won- 
 der his eyes are dimmed with tears as he 
 recalls its grateful remembrances. Here 
 he played in childhood and loves to linger 
 still. Here was father; here was mother; 
 here were the sweet and lasting impres- 
 sions of youthful days. Here the heroic 
 manhood was developed for the life of use- 
 fulness that followed. From here he 
 moved to the village to learn the boot and 
 shoe trade before he reached his majority, 
 and in the village he has resided ever since. 
 Its improvements and advancements have 
 been nis greatest pride and pleasure. He 
 has honored the village and the village has 
 honored him. To write the complete his- 
 tory of the one, would almost be the his- 
 tory of the other. He was born Novem- 
 ber 22, 1813— nearly 77 years ago. His 
 father was a Connecticut farmer and set- 
 tled on the homstead (Camden) farm, 
 where Thomas was born in the early days 
 of the century. He was married to the 
 mother of the subject of our sketch in 
 1807. In those days the young boys were 
 
34 
 
 fortunate who could enjoy the benefits and 
 the privileges of the district schools. They 
 alone furnished the education of many of 
 our greatest and most eminent men. Such 
 alone were the opportunities and the privi- 
 leges of Thomas D. Pentield. After learn- 
 ing his trade, he followed it as an occupa- 
 tion for many years, and by industry and 
 skill, succeeded in amassing an independ- 
 ent fortune and building a fine residence 
 and shop. He now sought to invest his 
 earnings in other business avocations for 
 the benefit of the village. In 1854, he 
 purchased of the late Sheriff, Gen. Lyman 
 Curtis, all his right, title and interest in 
 the flouring and grist mills. He now be- 
 came a partner of that succcosful 
 business man. F. H. Conant, who 
 also owned an interest in the mills. 
 On this property is located the ele- 
 gant stone mansion of Sherifl; Lyman 
 Curtis, now owned by Sheriff Penfield. 
 Two years later, Mr. Conant sold his inter- 
 est to Thomas Stone, a brother-in law of 
 Mr, Penfield. The firm continued in busi- 
 ness until the death of Mr. Stone,in 1861. A 
 few years later, his son, Hon. Benjamin D. 
 Stone, became and ever since has been a 
 partner of Mr. Penfield in the mill busi- 
 ness. 
 
 Mr. Penfield is one of the very few men 
 who have actively engaged in politics and 
 successfully managed a large private busi- 
 ness. From a poor, honest and indus- 
 trious boy, he has become a wealthy busi- 
 ness man and great land owner. In politics 
 he has always been an ardent and consist- 
 ent Democrat. His public life was inaugu 
 rated as School Commissioner in 1843. 
 He next served as Justice of the Peace and 
 as Justice for the Oneida County General 
 Sessions. For 11 terms he has represented 
 his town in the Board of Supervisors, his 
 first term was in 1851 and his last in 1886. 
 In 1856 he was duly elected to the State ^ 
 Assembly as a Democrat, and again in' 
 1862. He was a war Democrat and stood 
 for the Union and for the freedom of the 
 down-trodden and oppressed. Be it said to 
 his great credit, that he voted to maiutaia 
 the war policy of President Abraham Lin- 
 coln, and in advocating such a course, stood 
 alone among the members of his party. 
 Some of them reproached him and as- 
 sailed him with taunts and sneers. But no 
 scoffs, no taunts, abuse or jeers could move 
 him from his conviction ot duty. He was 
 for his country; he was for a united na- 
 tion and stood up to be counted for the 
 Union every time and for the abolition of 
 human slavery. 
 
 This will ever stand among other noble 
 
 deeds as a monument of glory and the 
 proudest monument erected to his mem- 
 ory. Oa the second ballot and final pas- 
 sage of the act, 11 other Democrats came 
 over and voted with him and the loyal Re- 
 publicans. 
 
 It takes a brave man to break- away 
 from a party under such circumstances. 
 But such was the act of Thomas D. Pen- 
 field. Recall the exciting times: The war 
 cloud; the approaching enemy; the 
 threatened invasion of the North; the ter- 
 rible suffering; the half mounted flags; the 
 defeats of our army; the discouragements; 
 the blood and tears, and it needs no com- 
 ment. Words are far too feeble to give 
 expression to the grandeur of the thought. 
 There was weeping at almost every fireside 
 and in many homes a vacant chair; our 
 churches and our schools were draped in 
 mourning and our land was drenched with 
 blood. The sound of chiming bells and 
 marshal music floated in mingled, yet 
 mournful harmony upon every breeze. 
 Vicksburg had not fallen; Gettysburg had 
 not been fought, yet the voice of Penfield 
 was for the Union. In 1879, he was for 
 the fourth time elected to the Assembly 
 and again did himself and constituents great 
 credit. Governor Robinson spoke of him as 
 the man who always voted on the rigat 
 side. For years be has been prominent in the 
 county affairs of Oneida and its religious, 
 agricultural, mercantile and manufactur- 
 ing industries. As a member of the agri 
 cultural society, he has many times been 
 honored as its "President and as a member 
 of its executive committee. He has been 
 nine times President of the village, served 
 as Water Com mission 3r and several times 
 as Commissioner of Highways for the 
 town, as well as almost every other local 
 office. 
 
 In 1872, Mr. Penfield was nominated for 
 Congress by the Democratic Convention, 
 wiih the assurance of election, but he re- 
 fused. The Coukling wing of the Re- 
 publican party had guaranteed their sup 
 port as well as had the Liberals. Scott 
 Lord was finally nominated and elected. 
 He was a law partner of Hon. Roscoe 
 Conkling. This was the beginning ot the 
 open war of the factions and resulted in 
 the defeat of Cougressman, Hon. Ellis H. 
 Roberts In this year the Prohibilioa 
 party had a full ticket in the field. Dr. 
 R. E. Sutton ran for Congress. In 1879, 
 he was a member of the Board of Equili 
 zation, and with Harvey Head, of Paris, 
 and with Col. Pierce, of Bridgewater, vis 
 ited every town in the county to properly 
 adjust all matters of difference between 
 
35 
 
 city and towus. It is said that if their re- 
 port had been lived up to, no further 
 trouble need have occurred. He duly- 
 qualified as Sheriff January 1, 1883, and 
 entered upon the discharge of his duties. 
 The author's time then expired and he re- 
 solved to retire from public life-. While 
 seeking other avocations Sheriff Penfield 
 sought his services and his counsel and en- 
 gaged him for his term. And, though differ- 
 ing many times in politics, our personal 
 relations were most pleasant, agreeable and 
 profitable. Penfield was a high-minded 
 citizen and prudent Chistian gentleman. 
 Being such, he could not fail to make a 
 most excellent Sheriif . 
 
 The first great capital case that came up 
 under his admistration was one of homi- 
 cide at Vienna. 
 
 LYDIA SCOVILLE. 
 
 Lydia Scovllle was charged with taking 
 the life of her own infant child. She was 
 the victim of fraud and deceit and the low, 
 vulgar passions of a vile and inhuman 
 monster. The story of her ruin, down- 
 fall and disgrace is a sad one. Robbed of 
 her innocence, the pride of her 
 home, she was turned into the world 
 friendless and unsheltered and left with 
 her illegitimate offspring to wander and 
 die. No one would employ her with 
 her child. She groped in the darkness 
 with her starving babe upon her breast, 
 mourning and weeping until reason was de- 
 throned, and then despairing of aid and 
 relief, she stayed the breathing of her in- 
 nocent and sleeping babe and buried it be- 
 neath the moss ana laurel near a weeping 
 willow. When charged with the crime 
 she truthfully told the story of her wrong 
 and the crime, and her plea of man- 
 slaughter was accepted by the District At- 
 torney and the court. The kind-hearted 
 and generous Sheriff pleaded for her life, 
 and when she was sentenced went with her 
 to plead with the keeper of the peniten- 
 tiary for her proper care and protection. 
 His influence washer noblest shield; his 
 love of justice her greatest beneiac- 
 tor. 
 
 BLEECKEK STREET TROUBLE. 
 
 In llie early part of Penfield's term 
 came the Bkeeker Street Railroad trouble. 
 Out of tuis has groivn some very ex- 
 pensive and tedious litigation. In junc- 
 tions were granted aud openly violated. 
 Papers were served and disobeyed. Sev- 
 eral arrests were finally made for miscon- 
 duct wliile tearing up railroad ties and 
 rails. The corporation served notice on 
 
 the Sheriff to make the county liable. 
 This necessitated a guard which cost the 
 county several hundred dollars. After 
 much delay and diplomacy, the matter was 
 agreeably settled. 
 
 CAPITAL CRIMES. 
 
 The murder of John Hughes at the 
 State Asylum by James Brown and Frank- 
 lin Bills, by crushing his side and back 
 while endeavoring to remove him from a 
 chair came on for trial at Utica. Brown 
 was convicted and Lned $1,000. Then 
 came the arrest of Michael Boylan for 
 murder at Rome. He and a young man 
 named Spellicy had been doing the saloons 
 and finally got into a drunken altercation 
 and Boylan fought and stabbed Spellicy 
 near the heart. Poor Spellicy wandered 
 away and died in the street. Then fol- 
 lowed the most dreadful and shocking 
 murder of Theresa Johnson by Calvin 
 McHarg at Forestport, Having made an 
 attempt to violate her person and failed, 
 McHarg turned and shot her down like a 
 dog. He was convicted of murder in the 
 second degree and imprisoned for life. 
 McHarg was a low, lecherous and craving 
 libertine and deserved his fate. His case 
 was hardly disposed of when John and 
 Michael Funnell were indicted for killing 
 Joseph Parette while desecrating the Sab- 
 bath in a drunken carousal. John was 
 convicted and sentenced for life. Michael 
 escaped to Italy. The next case placed upon 
 the calendar was that of a Chinaman at 
 Rome. 
 
 FONG AH YU. 
 
 His name was Fong Ah Yu. He killed 
 a fellow Chinaman In a laundry at Rome. 
 Pretending friendship he soon obtained the 
 coq^deuce of his victim, and while enjoy- 
 ing his hospitality, and sleeping by his 
 side upon his couch, drove a dagger to his 
 heart. It was the coolest piece ot villiany 
 and murder that was ever perpetrated in 
 Oneida county. The case was handled 
 with great skill and ability on the part of 
 the people and defense. The prisoner es- 
 caped to Canada but was extradited, tried 
 and imprisoned for life. 
 
 JOSIAH PERRY. 
 
 The defense of this coldhearted and 
 senseless Mongolian was conducted by 
 Josiah Perry, of Utica, and had it not 
 been for his skill in advocacy and pathetic 
 appeal to the jury, the Sheriff would have 
 undoubtedly cracked his neck and put an 
 end to his miserable existence. In the 
 midst of his argument. Perry grew very 
 
36 
 
 eloquent In speaking of the wayward wan- 
 derer, the homeless, friendless, unsheltered 
 victiui oj prejudice and alien rage; away 
 from home and kindred, with no one to 
 counsel or render sympathy in his mis- 
 fortune. The defense was an alibi and 
 that another might have done the foul 
 deed. On this theory Perry, by his elo 
 quence, fairly begged him off and saved 
 his life. The jury was composed of kind- 
 hearted, Christian men, and some of them 
 during the trial grew weary of the thought 
 of capital punishment. In these days of 
 unsullied public sentiment jjries are more 
 apt to be lenient than ever. 
 
 WILLIAM HENRY 08TRANDER. 
 
 The case of William Henry Ostrander 
 was confirmed in all things by the Court 
 of Appeals. He was, accordingly, resen- 
 tenced to be hanged, by the judges of the 
 Supreme Court. He was finally executed 
 by Sheriff Penfield at the old jail in Utica 
 in August, 1883. Before he was hung, a 
 committee on lunacy was appointed, who 
 declared him sane. No one who attended, 
 the execution would have much confidence 
 In their opinions. He cursed and swore at 
 the audience, even while prayer was being 
 offered, and on the very threshold of 
 death. The Sheriff did his duty and did 
 It well, under very trying circumstances. 
 
 W. A. MATTESON. 
 
 During most of Penfleld's term, W. A. 
 Matteson was District Attorney, and, 
 though a Republican, everything passed 
 harmoniously and the criminals feared and 
 trembled. Matteson was a man of good 
 judgement and a very successful prosecut 
 Ing officer. So has been his successor, 
 Hon. Tiiomas S. Jones. The police forces 
 in Utica and Rome have also been greatly 
 Improved. 
 
 THE NEW JAILS. 
 
 The new jails at Utica and Rome were 
 completed during Sheriff Penfleld's term 
 and were duly occupied by his jailors. 
 They are models of architecture, safety 
 and convenience. In connection with the 
 jail at Utica there is a workhouse for 
 breaking stone. The scheme was first ad 
 vocated by the late John F. Seymour as a 
 humane enterprise to keep the prisoners 
 from vice and the school of evil, taught by 
 the vicious In the prison Sheriff P'enfield 
 made a dignified and successful officer. He 
 believed in running all the courts and 
 making appointments that would command 
 public esteem and respect. He is yet liv- 
 ing to enjoy the fruits of his labors at his 
 beautiful home In Camden. 
 
 THE OLD GRIST MILL 
 
 A peculiar instance occurs in the Sheriffs' 
 record about the old mill at Camden. Gen. 
 Curtis, who was Sheriff from that town, 
 owned the grist mill now owned and run 
 by Thomas D. Penfield. Sheriff Curtis 
 sold it to Sheriff Penfield. In the history 
 of that old mill la a grand biographical 
 sketch of the two Sheriffs, and quite a lit- 
 tle of the political history of the town of 
 Camden. Nearby stands the old stone 
 mansion of the General. Some day the 
 author hopes to be able to give some very 
 interesting reminiscences of these histori- 
 cal spots, when writing of the good men 
 and true of Oneida county. 
 
 JOHN BATCHELOR. 
 
 In that most exciting of all campaigns 
 of 1884, Grover Cleveland was elected 
 President of the United States over the 
 Plumed Knight of Republican leadership, 
 James G. Blaine. Oneida countv, for the 
 first time in more than three decades gave 
 a majority for the Presidential candidate of 
 the Democracy. The friends of that stal 
 wart leader, Hon. Roscoe Conkling, be 
 came the avengers of their tried and ever 
 loyal companion, Charles J. Folger. 
 Under their war cry the Republican 
 standard was furled away for another bat- 
 tle. Blaine, with all his brilliant great- 
 ness, could not marshal them for his 
 cause. They never ceased their toil, they 
 never tired of the work until the wires 
 flashed the news of his defeat, and then 
 they claimed the battle as their own. 
 But is it true? We often thought so, until 
 we read the published statement that Hon. 
 John B. Finch, a Prohibitionist leader, 
 was the Blucher in this modern Waterloo. 
 His bosom friend in the putjlished state- 
 ments of that canvas makes him the prom- 
 ulgator of "Rum, Romanism and Rebel- 
 lion." He took and verified the steno 
 graphic notes that so electrified the world 
 Manning and Fined were bosom friends 
 and often worked and roomed together * 
 Both were origmally De;nocrats, and boch 
 have now gone to their final rest. But 
 whatever may have been the real fact the 
 Republicans were badly disorganized in 
 Oneida county. In the fall of 1885, 
 they met in convention and nominated to 
 lead the ticket for Sheriff John Batchelor 
 of Utica. He was a native of the city 
 and a son and partner of tlie great agri- 
 culturist, Daniel Batchelor, of the Farm- 
 ers' Club. For years their store on the cor- 
 ner of Hotel and Liberty streets had been 
 
 ♦See International Good Templar, of London, 
 Canada 
 
37 
 
 the political headquarter? of tlie tillers of 
 the soil. Daniel, like the biblical hero 
 after whom he was named, was a Stalwart 
 amon^ Stalwarts, and would rather face 
 the lion in his den than surrender the 
 smallest mite of his admiration for the 
 pure and spotless baaner of Roscoe Conk- 
 ling. John was for the party every time 
 and was bound to lead it on to victory. 
 Together they made a powerful factor in 
 its reorganization. The office must be re- 
 deemed by the Republicans. And it was 
 redeemed. Previous to his election, Sheriil 
 Batchelor had held several positions under 
 the national and municipal government. 
 He was their Supervisor from the Fourth 
 Ward of the city. January 1, 1886, he 
 duly qualified and entered upon the dis- 
 charge of his duties, and served through 
 three very trying aud exciting years. The 
 record shows an unparalelled amount of 
 crime in capital cases. From beginning to 
 end there was murder, blood and tears. 
 He has since acted as tlndersherill under 
 Sheriff Wheeler. 
 
 JOHN BENDEB. 
 
 The first capital case under his care was 
 that of John Bender. Bender was inter- 
 ested in a hotel in Deerfield, just across 
 the bridge from Utica. Thomas Gray was 
 interested in what was known as 
 the old American in Utica. They had 
 disagreed on several occasions. Unex- 
 pectedly, one evening, they met at the en- 
 trance of a place on Broad street. Then 
 came a war of words, a fight, and finally 
 Bender shot and killed Gray. At the time 
 of the murder public sentiment was all in 
 favor of Gray. Bender was convicted of 
 murder in the second degree and impris 
 oned for life. Since the trial many who 
 saw the battle and the shooting think the 
 sentence was too severe. But the jury 
 found in that degree, and that must end it 
 until changed by appeal or commutation. 
 
 CHAEL ROARK. 
 
 The trial of Chael Roark for express 
 roboery and gagging and shooting one 
 Charles Leak, on the West Shore Railroad, 
 was one of the most difficult ever 
 broughts before the courts of the 
 county. No pains or money were spared 
 to convict the offender. The management 
 on the part of the District Attorney, de- 
 tectives and officers, was marvelous and 
 faultless. The matctiiag of torn bills, 
 pieces of sealing wax, strings, footmarks, 
 identification of tones of voice and the es- 
 tablifehnient of other evidence of guilL were 
 very skillful and exquisite. By this means 
 the evidence was wound so tightly around 
 
 the prisoner that he was convicted and 
 given the longest term for the crime. He 
 was said to be a desperate man and had 
 been identified with other crimes in the 
 far West. He was a powerful man, one of 
 the Jesse ., ames stamp, full of exploit and 
 daring. 
 
 CLEMENT ARTHUR DAY. 
 
 The next case was the indictment and 
 trial of Clement Arthur Day for the mur- 
 der of Joan M. Rosa, near Boonville, July 
 9, 1887. Joan was once a beautiful and 
 lovely girl, well educated and scholarly. 
 She had a natural taste and talent for 
 music. In this respect she is said to have 
 been brilliant. The home of a widowed 
 mother was made happy by her presence. 
 It was near Oneida Lake in the town of 
 Vienna. She was fond of the beautiful 
 in nature and art. Her mother attended 
 to the home duties while she taught music. 
 In her charming presence that rural home 
 was bright and happy. But in the midst 
 of all this joy and gladness the destroyer 
 came and the little paradise on earth was 
 made a hell. An otlicer of the law, yet a 
 defamerof his own home, a despoiler of 
 virtue, entered this blissful Eden and 
 plucked the fairest of flowers. His breath 
 was poison, his hand polluted all it 
 touched. He crushed a mover's heart, 
 he blasted the fair prospects of her prom- 
 ising child. This vile seducer, when he 
 had accomplished his hellish work, turned 
 coldly away and left her in her shame. 
 Day found her in her sorrow and despair 
 and spoke consoling words. He promised 
 to care for her in her misfortune. They 
 became attached but poverty stared them 
 in the face. Day, too, was fond of music 
 and delighted in the harp and violin, but 
 he was jealous, low and cunning. They 
 strayed away from home, further and fur- 
 ther into the world." They became wearied 
 and lay down, like tired children, to rest 
 where night overtook them. Fate at last 
 brought them to a poor hovel on the banks 
 of the Black River Canal near Boonville. 
 Is it a wonder that in this condition poor 
 "Rosa" longed for home, though it were 
 ever so humb.e? Is it surprising she 
 reached out the hand for a friend in this 
 condition of poverty and want? She 
 longed for mother; she sighed for some 
 one to whisper words of kindness and af- 
 fection to her. Her mother had sent a 
 message to her to come. Day despaired of 
 her return and opposed her going. She 
 started to go and in a tit of anger he 
 drove the cruel dagger to her heart. He 
 claimed her as his idol yet he slew her. 
 He claimed he loved her, but it was the 
 
38 
 
 love of a low vulgar heart. Such love is 
 the gall of bitterntss to the pure soul. It 
 seeks alone the gratification of the pas- 
 sions, it feeds on lust. Such a being 
 pollutes and mildews everything it comes 
 in contact "with, and the sooner he is ban- 
 ished from the good and pure, the better 
 for society, the belter for the world. The 
 law destroys such to save the good and 
 virtuous from their wrath and destructive 
 influence. Would that this lesson might 
 be taught to all who seek to make 
 a farce of the law when dealing with the 
 institutions where congregate the slayers 
 of the body and the soul; public defamers 
 who despise heaven and blaspheme God. 
 Clement Arthur Day was a graduate of 
 such schools of vice. He confessed his 
 error when it was too late, and wept in 
 anguish, but all his tears could not wipe 
 the stain from his polluted heart. Yet 
 society in permitting these things to exist, 
 is nore to blame than he. Had he not 
 been surrounded by such influences he 
 would have been a better man At last 
 the crime ripened into murder and the 
 penalty was death. He was executed at 
 Utica by Sheriff Batchelor according to 
 his sentence. In his last moments he 
 sighed for a better life, he longed for for- 
 giveness. But his final destiny is in the 
 hands of Him, 
 
 "Who made the heart;. 'tis He alone 
 
 Decidedly can try us. 
 He knows each care — its various tone, 
 
 Each Spring its various bias . 
 Then at the balance let's be mute, 
 
 We never can adjust it. 
 What's done we but partly can compute, 
 
 And know not what resisted." 
 
 CEDAR JOHN. 
 
 The next murder was that of "Cedar"' 
 John, or John Kenline, at Stittville, July 
 16, 1887. This was another unfortunate 
 affair. Happy John had one failing, and 
 that was love for the intoxicating cup. 
 He came home from work on the evening 
 of the murder deranged by its influence. 
 He was truthfully "paralyzed." This has 
 become a vulgar phrase, yet it is the truth , 
 He found his tenement occupied by one 
 Frederick Lipe. They had been friends, 
 but whiskey, John's great foe, made ene- 
 mies of the pair. The little hut, so often 
 filled with frivolity and song, became tne 
 scene of a ghasily murder. They quar- 
 reled and Fred grabbed the fatal ax and 
 struck the fatal blow. To day he lan- 
 guishes in States prison at Auburn. 
 
 JOHN MINING AND OTHERS. 
 
 Another indictment for murder was 
 that of John Mining. There were also a 
 large number of other cases of less de- 
 
 grees, a full mention of which would fill a 
 large volume. King Alcohol seems to 
 have been the vital cause and champion 
 slayer of mankind. Lorenzo Marchitto 
 made a slaughter house of a saloon in 
 West Utica. There are some cases yet un- 
 tried and it would be unfair to mention 
 them until their history is complete. 
 
 VIRGIL JACKSON. 
 
 Now we come to the celebrated case of 
 Virgil Jackson for killing Norton iVletcalf , 
 at Augusta, January 13, 1888. He was 
 indicted for murder, tried and con- 
 victed and sentenced to be hanged 
 at the new jail in Utica. An 
 appeal was taken and a stay granted. 
 Jackson was an educated man, a fine vocal- 
 ist and fair musician, the popular singer in 
 a church choir. He was the heir lo a 
 large fortune, the good influences of a 
 Christian home. His prospects for a use- 
 ful and promising life were the very best. 
 But he entertained low and vulgar ideas of 
 moral responsibility. He loved to be with 
 those who congregate in public places for 
 mirth aad vulgar pleasure. In his weak- 
 ness he yielded to temptation and fell. He 
 sacrificed home, a wife's love, the tender 
 affection of his children, his fortune, his 
 honor, his manhood, his Christian influ- 
 ences, all for lust and the gratification of 
 his passion. He became a bold and 
 lecherous libertine, a heartless murderer. 
 In his cravings he betrayed his wife and 
 crept sljulkingly into the homo of his 
 friend to lead a life of infamy and shame 
 with the idol of that friend's heart. He 
 became so loathsome and vile evei"ything 
 virtuous and pure fled fronn his polluted 
 presence. He was so hardened in his 
 crime of adultery that he followed his vic- 
 tim to the very sanctuary of God, and 
 blasphemed at the very altar of repentance. 
 From that place of worship he followed 
 the object of his desire to the very thres- 
 hold of her husband's protection where it 
 was supposed they might dwell In safety 
 and repose, crowned with virtue and with 
 honor. But there was no repose; there 
 was no protection from the lustful and 
 murderous longings of this vile monster of 
 human depravity. While the church bells 
 were yet ringing out their notes of warn- 
 ing, while the Sabbath sun was Orighlly 
 shining in the clear, blue sky, and all of 
 mankind seemed lo be enjoying the peace- 
 ful quietude of the sacred day, Jackson 
 broke the stillness of the hour by coarse 
 words, a shot and the cry of murder. Poor 
 Metcalf, seeing his wife in such hands, 
 met her at the gate of his own home, he 
 rebukes them in the name of honor and 
 
39 
 
 the purity of his household and is slain. 
 Such is the story of this crime. 
 
 The Court of Appeals confirmed the de 
 decision of the Court below and Jackson 
 was hung by Sheriff Wheeler March 14, 
 1889, at the new jail in Utica. This will 
 probably be the last execution in Oneida 
 county as all prisoners are now taken to 
 Auburn Spates Prison for imprisonoment 
 and for execution. 
 
 THE RAILROAD WAR. 
 
 One of the most novel affairs in the his- 
 tory of the Sheriff's office was that of the 
 contending railroad forces of the Delaware, 
 Lackawana & Western Company and the 
 Ontario & Western Company against those 
 of The Utica City Belt Line Street Rail- 
 road Compsaiy. We had passed through 
 many similar scenes when outside parties 
 were the aggressors, but here was a fight 
 betwten railroads and street railroad 
 corporations warring among themselves. 
 The greater combining and trying to crush 
 the lesser, each with their learned counsel 
 and legal advisors. In order to enjoy the 
 full benefit of the franchises, the Belt Line 
 must cross the Delaware and Ontario. The 
 work was completed, except the laying of 
 the rails between the tracks of the great 
 corporations. New and much needed en- 
 terprises were fast springing up in the 
 western part of the city near the Eureka 
 Mower Works. These people the Belt 
 Line desired lo accommouate. Their 
 tracks must be completed, they must cross 
 the other roads. They were laid down by 
 the Belt Line and torn up by the workmen 
 of the other roads. This was repeated 
 time and again ;intil the people became in- 
 dignant and enraged. Papers were served 
 upon the Sheriff, making the county liable 
 for any destruction of property. Each 
 and every corporation claimed superior 
 rights to the other. The attorney of each 
 had looked up the law and knew he was 
 right. Had we bet^n obliged to rely upon 
 their advice the county would have been 
 the sufferer, but the discipline secured 
 under that old railroad champion, D. 
 Minor K. Johnson, now came iqto play, 
 and our own experience fully prepared us 
 for the event and the occasion. On the 
 .start the Ontario and the Delaware had 
 the advantage of an operated road. They 
 had engines, cars, men and the right of 
 way But they lacked tact, skill, 
 diplomacy, and good judgment. Tbey re- 
 lied too much on brute force, and in that 
 way enraged the people against them. As 
 the Belt Line men laid the necessary tracks 
 
 they removed them, and an engine fitted 
 for the occasion was worked to prevent 
 their being relaid. 
 
 But the Belt Line again watched their 
 opportunity and their men laid them down 
 again. A band of men was brought by 
 special train and again tore them up. But 
 again they were relaid, and this time 
 Treasurer Charles W. Mather planted his 
 horse and carriage in front of the hideous 
 looking engine and bade them defiance. 
 Under the direction of their counsel the 
 railroad was now put in active operation, 
 and as car after car passed, the assembled 
 multitude grew wild with applause and en- 
 thusiastic cheers The Sheriff and his 
 deputies must now do their duty and ar ^ 
 rest all persons interfering with the prop- 
 erty so as to endanger the traveling pub- 
 lic. The rights of the innocent must be 
 protected. There was great excitement 
 for several days and much confusion. 
 Some of the workmen let their angry pas- 
 sions rise and were arrested. Fin&Jly in 
 their calm movements the representatives 
 of the great corporations met and mutu- 
 ally settled their differences, leaving the 
 Belt Line in full possession of all their 
 corporative rights. Perhaps no railroad 
 corporation has had more impediments 
 thrown in its way than the enterprising and 
 thrifty Belt Line of our city. In their ef- 
 forts to perfect their road and render good 
 service to the people they have been fre 
 quently obstructed by those who love to 
 indulge in the luxury of a law suit. 
 Action after action has been commenced to 
 restrain them from proceeding with their 
 improvements to keep up with the neces- 
 sity of the times. In junction after injunc 
 tion has been served and the Sheriff called 
 upon to enforce the mandates of the 
 courts. But in almost every case it has 
 come out victorious, and in most every in- 
 stance the ir junctions have finally been dis- 
 solved and set aside. So at last we glide 
 along in the electric coach, the oresent 
 pride and delight of the city. In all these 
 leeal triumphs their young attorney, John 
 W. Boyle, has shown great tact, profes- 
 sional skill and good judgment and diplo- 
 macy. He has well earned the success 
 tnat has crowned his efforts. The Sheriff 
 has had to walk the line of duty, protect- 
 ing tne rights of all and guarding with a 
 zealous care the interests of the sovereign 
 people. 
 
 John Batchelor, being a prompt and en- 
 ergetic business man, succeeded well as 
 Sheriff. He was prudent, economical and 
 industrious, and now enjoys the benefits of 
 a Iwautiful and pleasant home on Rutger 
 
40 
 
 street, in his nativecity. He is one of the 
 most genial and affable men we were ever 
 associated with, and we sincerely hope he 
 may live long to enjoy the fruits and 
 honors of his successful official labor. His 
 term was full of trying cases and many 
 important criminal and civil causes, which 
 often called for discretion, skill, ability 
 and a nerve of iron. He was ever equal 
 to the task, and his efforts have been 
 crowned with success. For some reason 
 during his term there seemed to be an un- 
 usual amount of crime. From the record 
 we draw these conclusions: Increased 
 population and looseness in the license 
 laws. The low places, where many of 
 the crimes are committed and which some 
 times come into the hands of the Sheriff 
 by virtue of civil processes, are dirty 
 haunts of vice and disease-, ifnwholesome 
 pests in the community, fit subjects for the 
 investigation of the Health Officer and his 
 inspectors. 
 
 THOMAS WHEELER. 
 
 The year one thousand, eighteen hun- 
 dred and eighty eight was a Presidential 
 year, and many indeed were the candi- 
 dates for the office of Sheriff. Both 
 parties were anxious and determined to 
 elect their whole ticket. The Democrats 
 had the advantage of tne national patron- 
 age. Strong men were sought for with a 
 large personal following. After balloting 
 for hours the RepubJicans nominated 
 Thomas Wheeler of Utica. This was the 
 soldiers' campaign. Benjamin, Harrison, 
 their candidate for President was a soldier. 
 Warner Miller, who ran for Governor, 
 was a soldier and Thomas Wheeler was a 
 soldier. The influence of the Southern 
 Democracy in the Democratic caucus 
 had alarmed the sturdy veterans of the 
 late war so they rallied around the stand- 
 ard of General Harrison. No organiza- 
 tion in the whole campaign had a greater 
 influence on the voters tban the veteran 
 Forty Rounders. The canvas was bril- 
 liant and successful. Oneida county went 
 overwhelmingly Republican. Wheeler's 
 majority was the largest ever given to any 
 candidate for Sheriff, aggregating over 
 4,000. Prior to his election he had been 
 policeman, deputy sheriff and county de- 
 tective. He had also held several posi- 
 tions under the municipal government of 
 Utica, among them Health Commissioner 
 and Inspector. For many years he was in 
 the employ of the New York Central and 
 Hudson River Railroad Company, as 
 special detective and police officer. In all 
 these positions he had won an enviable 
 
 reputation as a competent and efficient of- 
 ficial. Perhaps there is not a better organ- 
 izer in the State. When he makes a friend 
 he holds him and puts him in line. This 
 is done by keeping his word and never be- 
 traying a friend or trust. 
 
 HIS WAR RECORD. 
 
 In 1862, at the age of 16 years, he enlist- 
 ed in Col. Joseph S. Lowery's Co. C, 146th 
 Regiment, New York State Volunteers. 
 This regiment was called the Fiftn Oneida 
 and was one of the finest military organi- 
 zations in the Army of the Potomac. 
 Shortly after their arrival at the front in 
 December, 1862, they were marched id- 
 rectly to the battle of Fredericksburg, and 
 were at Chancellcrville, Gettysburg and 
 almost all the great battles of Grant's cam- 
 paign frum the Wilderness to the surrender 
 of Lee at Appamatox Court House. 
 They were a fighting regiment and early in 
 their history were reinforced by the three 
 years' veterans of Gen. James McQuade's 
 old 14th, the First Oneida and those of the 
 gallant 44th and from other sources. 
 Their history is full of glowing and meri- 
 orious service. .Being in the, old 5th 
 Army Corps, they were as well dis- 
 ciplined and marched with the precision of 
 regulars. The record of Thomas 
 Wheeler is closcily identified with that of 
 the gallant 146th. From a boy private of 
 sixteen years, he was successively pro- 
 moted until he came home at the close of 
 the war, a Lieutenant in command of his 
 company. Here is where he got in the 
 tide that flows on to fortune. He was 
 kind and generous with his command and 
 his command were grateful and generous 
 in the time of need. In his canvas they 
 stood by him with their votes, lead by their 
 commander, Gen. James G. Grindley. 
 Lawery and Grindley were both Democrats, 
 but they were both for Wheeler. 
 
 HIS CANVAS. 
 
 After coming home from the army, 
 Wheeler made some mistakes and commit- 
 ted some grave errors which were the sub- 
 ject of a vigorous attack in his canvas for 
 Sheriff. But being a frank and open- 
 hearted man, instead of trying to hide his 
 faults and cover up the unfortunate things 
 done in thoug))tless moments of tempta- 
 tion, he appeared before the people and 
 frankly admitted his mistakes and ex- 
 pressed a deep regret He promised, if 
 elected, a faithful performance of duty 
 without oppression, fear or reward. The 
 people took him at his word and expressed 
 their confidence in the overwhelming ma- 
 
41 
 
 jorlty given. His competitor was also a 
 brave Virginian and soldier of the Union 
 army, Dr R. E. Sutton, of Rome. His 
 name is identified with many of the most 
 benevolent enterprises of Oneida county, 
 his adopted home. In the great battles of 
 temperance he is one of the most famous 
 and gifted leaders. In this field of labor 
 he has a world wide reputation and has 
 often been crowned with successful of- 
 ficial honors. He is a Past Grand Tem- 
 plar of the Order of Good Templars, an 
 organization founded in Oneida county, 
 and which has grown to adorn and bless 
 the world. The unfortunate and ill ad- 
 vised attack on Sheriff Wheeler was 
 against his wishes and without his con- 
 sent. It was the worst piece of political 
 buffoonery we ever heard of and did him 
 great Injustice. By its reaction the great 
 and popular heart of the people was 
 touched and the sympathetic hordes stam- 
 peded against him, to the ranks of his 
 competitor. 
 
 IN OFFICE, 
 
 In the canvas Sheriff Wheeler prom- 
 ised the people a faithful discharge of his 
 duty, and no man feels more sensitive 
 about fulfilling a promise. We have been 
 retained ty him as counsel and have full 
 control of all civil and legal matters, and 
 in no case has he shrunk from the perform- 
 ance of any duty. Not a single instance 
 can yet be recorded where his action has 
 been disapproved by the courts. He has 
 dared to do what others shrank from doing 
 in the improvement of county buildings. 
 The Sheriff's office was little more com- 
 fortable than an old barn. He has repaired, 
 rearranged and refitted it, so that now it 
 is a credit to our great and prosperous 
 county. Some of the court rooms were 
 rickety and unhealthful. He has made 
 them cheerful and pleasant. The jails 
 were out of repair In many things; he has 
 made them wholesome and homelike. In 
 doing this work and making needed re- 
 pairs his efforts were seconded and aided 
 by the taste and tact of county committee- 
 man, Hon. John Buckley, of the Board 
 of Supervisors, Not like some official, 
 with a fear of reduction In his own bills, 
 but with a personal responsibility and 
 promise to make good anything ordered 
 that did not meet with the approval of the 
 courts and Board of Supervisors, many 
 bills were paid from his own pocket. But 
 the work was a work of necessity and met 
 with the grateful recognition of both the 
 courts and the board. It was for human 
 ity's and others' comfort, not his own. He 
 
 took the risk of having his own bills cut, 
 a feature much dreaded by some others, 
 Oneida county may now feel proud of the 
 condition of Its public buildings. 
 
 THE EXECUTION OF JACKSON. 
 
 One of the first and most painful of his 
 duties was the hanging of Virgil Jackson 
 for murder. It was one of the most quiet 
 executions ever witnessed in Oneida 
 county. No persons were allowed to wit- 
 ness It out of morbid curiosity. The of- 
 ficials and attendants required by law only 
 were present. Such being the case every- 
 thing passed off without flaw or commo- 
 tion. The wishes and feelings of the pris- 
 oner were carefully considered and noth> 
 Ing done to irritate or annoy him. Most 
 solemn Indeed was the occasion. Jackson 
 was In full possession of all his faculties. 
 His mind was clear and he fully compre- 
 hended the situation. He listened with 
 calm composure to the reading of the 
 death warrant and marched to the scaffold 
 more like a military chief than a man con- 
 demned to die. Yet he fully realized his 
 terrible fate. It was sad to see such a 
 promising man fall the victim of his vile 
 passions and reap the death penalty. As 
 he passed to the goal of death, he cast his 
 eyes heavenward to behold the great light 
 of day shining In all his splendor. He 
 spoke of his beauties and the pleasant fea- 
 tures of the day. Then, taking his posi- 
 tion on the platform, he listened to the 
 solemn prayer to the Great Father of all 
 for mercy and forgiveness, and In the al- 
 most breathless silence that followed, he 
 whispered an adieux to those he saw In his 
 presence. He was then pinioned, veiled, 
 the drop fell and his spirit was sent out In 
 the realms of a vast eternity. He was 
 gone from the world and gone forever, 
 perhaps, as he thought, to a state of su- 
 perior development, and perhaps to ever- 
 lasting condemnation. His life on earth 
 was wasted and in death he was poor In- 
 deed. Nearly all his friends forsook him 
 and ruin claimed him as her own. Not 
 even a tomb awaited his remains. His 
 ashes, like his soul, were condemned and 
 refused admission to the consecrated 
 ground In our cemetery. Finally they 
 were deposited by a kind and forgiving 
 sister In a peaceful rural grove to await the 
 awakening of the judgment day, 
 
 OTHER CASES, 
 
 During Sheriff Wheeler's term thus far, 
 there have been few capital cases and 
 among them Is the Cibo murder case at 
 Rome. Cibo Is an Italian, and shot and 
 
42 
 
 killed one Gilson, while attempting to force 
 bis (Cibo's) door in a state of intoxication. 
 The language used was so offensive as to 
 enrage Cibo and his family. He thought 
 his life in danger and shot and killed the 
 offender. There have been very few fel- 
 onies, among them the Burton incest, the 
 Crandall malpractice and the Hampton 
 burglaries; also some important cases of 
 misdemeanor, among them the great 
 frauds on the Prudential Life Insurance 
 Company by Alexander Laski and his ac- 
 complices. But on the whole, crimes of the 
 higher grades have diminished. There 
 have been many misdemeanors of less de- 
 grees and the jails and penitentiaries are 
 kept well filled with common drunks and 
 tramps — about one and the same thing. 
 Wipe out this class of criminals and 
 Oneida county would be quite free from 
 crime. 
 
 CIVIL CASES. 
 
 Among the great civil cases were those 
 arising from the sale of the property of 
 George Clarke. There were grave ques- 
 tions as to the rights of the respective 
 creditors, and it became necessary to get 
 an order of direction from the court as to 
 the distribution of the surplus monies. 
 Finally these were all settled without 
 embarrassment to the Sheriff, and ap- 
 parently with satisfaction to all parties in- 
 terested. The distribution of this vast 
 estate probably wipes out the last rem- 
 nant of the feudal system in the Empire 
 State. Clark seems to have inherited it from 
 his ancestors and they from the British 
 government. 
 
 LOUIS WINEBURG. 
 
 The case of Louis Wineburg is a novel 
 one. Louis was a jeweler doing business 
 in the old Grannis' Bank building. He 
 failed and executions were placed in the 
 Sheriff's hands. That official made a 
 levy, an inventory was taken, and the 
 property advertised for sale. But before 
 the day of sale parties appeard from New 
 Yort, and through Coroner Herbert G. 
 Jones, seek to replevin some of the goods. 
 No personal demand is made on the 
 Sheriff or owner of the building. They 
 attempt to talk with the Sheriff by tele- 
 phone, but he cannot understand them 
 and tells them to see him personally. But 
 they decline and proceed to find his Under- 
 sheriff and are admitted to the store. The 
 main property cannot be found, they de- 
 mand admission to the safe, ar d no one has 
 the combmation. Locksmiths are pro- 
 cured and they batter away at the vault 
 all night. In the meantime the Sheriff ap- 
 
 pears and forbids them and requests them 
 to wait with a guard on the property until 
 daybreak, when the combination can be 
 procured. In the morning the Sheriff 
 again appears with counsel and endeavors 
 to persuade them to desist and wait for the 
 combination. Finally the boy appears but 
 the combination has been change d and will 
 not work. For tif ty long and weary hours 
 the work progresses before the iron doors 
 finally yield to the heavy blows of the 
 workman's hammer. At last they give 
 away and what property is found is taken. 
 The Sheriff bonds it back and all are now 
 enjoying the luxury of a lawsuit. 
 
 SOME OP THE QUESTIONS TO SETTLE. 
 
 Were the executions in the Sheriff's 
 hands valid? Was he in lawful posses- 
 sion of the building? Was he bound to 
 have the key to see his goods /phile stored, 
 or the combination to a safe, or vault, or 
 bank where he deposits things in the cus- 
 tody of the law for safe keeping? Was 
 the replevin process valid? Was the pre- 
 tended demand by telephone authorized 
 by law? Did the Sheriff refuse to give 
 up the property? Were the papers made 
 out in New York in advance of a demand 
 and refused in due form of law? Can an 
 innocent man's property be destroyed to 
 get the goods without a demand and re- 
 fusal from him to remove the obstruction? 
 Can several parties in New York city as- 
 sign accounts to one of their number and 
 allow him to swear he owns the goods 
 represented by the same? Such are the 
 great complications in the affairs of 
 Sheriff's duties. The courts alone can un- 
 ravel them with the aid of good counsel. 
 
 THE BLACK MAKIA. 
 
 Another mucb needed and humane im- 
 provement introduced by Sheriff Wheeler 
 is the employment of the iail ambulance, 
 called the Black Maria, for the conveyance 
 of prisoners. Prior to its use, prisoners 
 were dragged through the streets in irons 
 and frequently in chained gangs. Some- 
 times black and white, male and female 
 boys and girls, the hardened in crime and 
 the beginner, all mixed and mingled to- 
 gether. Somp tattered and battered, some 
 half clad, some iu rags, some intoxicated 
 and loathsome in appearance. The moral 
 effect was degrading and disgraceful. 
 Often the people along the route begged to 
 have them taken some other way, where 
 their children would not be exposed to the 
 degrading influence. The sight was ob- 
 noxious, loathsome and most repulsive. 
 What is there more disgusting to every 
 
43 
 
 sense of decency thaH to see a blue coated 
 officer of the law club in hand , dragging 
 a drunken man or woman through our 
 streets, foul with bad whisky and fouler 
 tongue? These things were, but are no 
 longer tolerated. The expense is no more 
 than it was before. It is simply a question of 
 who should be credited with the statutory 
 fee, the police or the Sheriff. The system 
 itself is right and proper. If the people 
 tolerate these crimes from the abuse of 
 liquor, they should not thrust the degraded 
 presence of their victims in the face of de- 
 cency and innocence. The tender feelings 
 of little children should be guarded with 
 zealous care. Another humane institution 
 is the patrol wagon of the city and for the 
 same reasons. Decency belongs to all 
 things. It iH to be regretted that these 
 things are made necessary, but such being 
 the fact, lets keep the infamous from the 
 innocent as much as possible. Bad men 
 .sometimes creep into all trades, and more 
 especially the saloon business. By their 
 conduct in abusing their license they are 
 bringing the whole system into disrepute. 
 Aye, they are undermining the very pillars 
 upon which rested the foundation of our 
 free government. They seek to continue 
 their existence through their political 
 power. They bid defiance to law and 
 order This is despotism, and in time will 
 destroy them. There is a constantly grow- 
 ing sentiment among the people, created 
 by the crimes committed, and the appeals 
 of the suffering victims in hospital and 
 jail that will in time sweep the whole 
 traffic from the earih. Despotism always 
 oefeats itself. Civil liberty respects the 
 rights of every American citizen alike. 
 The people will not see it abused ; it cf st 
 too much to rescue it from the desp(jtic 
 emperors of Europe. To those who trifle 
 within its sacred precincts we say, beware. 
 Obey the law and respect this sacred in- 
 stitution. If bad men are allowed to 
 trample down the statutes, our safety, our 
 protection is gone. The dignity of the 
 law must be maintained to render life, 
 property and liberty secure. Without the 
 enforcement of law there can be no lib- 
 erty but the liberty of the brute. Might 
 will triumph over right when well en 
 forced laws do not prevail. In an 
 enlightened land like this, men 
 should obey the golden precept of the 
 Divine teacher, "Do unto others as ye 
 would have them do unto you." If all 
 truly felt this sentiment in their very hearts, 
 Sheriffs would be little needed. Men 
 would do nothing to degrade their fellow 
 men, but all would unite in raising them 
 
 up and making them better. But, as it is, 
 an officer is needed to enforce the law, for 
 in the present condition of things eternal 
 vigilance alone is the price of liberty. 
 
 CONCIjUSION. 
 
 In these short sketches, made in the first 
 instance for our own personal use, we have 
 simply cited some of the most celebrated 
 cases as they occurred under each adminis- 
 tration. Our time and space was limited 
 to a few columns per weeK. Some day 
 we may again take up the pen in our leis- 
 ure moments and try and sketch other 
 things of historical value. Oneida county 
 has a brilliant historical record, and is 
 continually growing in population, influ 
 ence and power. While in the towns 
 many farms are being consolidated, in the 
 large villages, and cities of Utica and 
 Rome new and varied industries are con- 
 stantly springing up with a call for more 
 skilled men and laborers. Under these 
 circumstances it is very essential that its 
 highest executive officer should be a com- 
 petent and exemplary man. In the Legin- 
 ing we spoke of the origin and duties of 
 the Sheriff's office. As the President 
 rules the nation, and the Governor rules 
 the State, the Sheriff rules the county. 
 That is he is its highest executive officer. 
 The officers of the law. the military and 
 even the entire power of the people are 
 subject to his command. Many times the 
 duties are onerous and thankless. He has 
 to act in conformity with complicated 
 laws and every state of facts changes the 
 condition of things. Hence he must be a 
 man of sound judgment, discretion and 
 thought. He cannot succeed himself, but 
 must complete all the business of his term. 
 All thing must be done fairly and without 
 fraud, deceit or oppression. If he 
 violates any trust, he is liable to the in- 
 jured party. He must do no wrong, but 
 always do right under severe penalties. 
 A conviction for any offense forfeits the 
 office. The Governor may remove for 
 cause, and appoint a successor until the 
 next general election. He can hold no 
 other office. His bonds are $10,000 with 
 a renewal of $10,000 more for each and 
 every year in office, besides these he must 
 give military bonds, and bonds for the ex- 
 traordinary proceedings. We might com- 
 ment for hours on these duties and quali 
 fications, but for the purposes of these 
 sketches it is unneccessary. On the whole, 
 Oneida County has been governed by good 
 Sheriffs. Most of them are gone and are 
 now unknown, save as their acts appear on 
 the old and fast fading books and records. 
 
44 
 
 Some of these may be used as precedents 
 for others to follow, and some serve only 
 as light houses, warning their successors 
 which way to go to avoid their errors. 
 Such is the experience of life. 
 
 "While writing these sketches we have 
 received many kind words of commenda- 
 tion from old residents who are now living 
 over the days of their youth. Some have 
 written and others have called at our office. 
 
 HON. GEORGE GRAHAM. 
 
 Among them may be mentioned our old 
 and venerable friend, Hon. George Gra- 
 ham of Oriskany. He is probably the 
 oldest Deputy Sheriff in the shire. He has 
 lived through the varied scenes and exper- 
 iences of nearly four score years of the 
 18th century. Yet his step is firm and his 
 mind is clear and bright as ever. In our 
 researches we have frequently found his 
 name away back on the old court records 
 as Deputy Sheriff, Grand Juror and 
 Justice for the General Sessions. He was 
 General Deputy under Col. David Moul- 
 ton during the great McLeod trial, and had 
 charge of the military patrol and independ- 
 ent battery mounted to defend the jail 
 and I Court House against the marauding 
 bands of Canadian patriots. Whitestown 
 at this time, was fortified and well guard- 
 ed. He was Captain of the Guard. An 
 armed force was encamped near by to 
 rescue the prisoner from the civil authori- 
 ties. These were foreigners from Canadian 
 soil. Officers of the TJnited States were on 
 hand to await their movements, and the 
 military on the frontier was all out under 
 
 the command of Maj. Gen. Scott. They 
 were ready to march on Canada at a 
 moment's notice, if England violated the 
 rules governing such cases. Those were 
 exciting times for Oneida county. Since 
 those days, our esteemed friend has held 
 many other positions of public trust. He 
 was Supervisor for Whitestown many 
 years and has been Member of Assembly 
 and Sergeant at Arms of the State Senate. 
 For years he was the companion and 
 agreeable associate of Judge Pomeroy 
 Jones, the historian of Oneida county. 
 They sat together on the county Board of 
 Excise for several terms and often con- 
 versed about the annals and early Incidents 
 of this once wild and almost pathless wild- 
 ness. 
 
 If we shall ever again take up the pen 
 and search the records of our shire, we 
 shall be pleased to relate some of the in- 
 cidents and anecdotes remembered by 
 the venerable and gifted Deputy Sheriff. 
 But for the present, we must conclude our 
 sketches and consign them to the archives 
 of the Oneida County Historical Society. 
 We fully realize that they have been like 
 the records of all historical events, mingled 
 with sorrow and gladness. Such is life. 
 
 "There are smiles in the morning and tears at 
 night. 
 
 The wide world over. 
 There are hopes in the morning and prayers at 
 night 
 
 For many a rover. 
 There are tears unwept and songs unsung, 
 
 And human anguish keen; 
 And hopes and fears and smiles and tears. 
 
 But the blessings fall between. 
 
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