THE PIONEER COURT ROOM
In the fore part of the nineteenth century, when public amusements were
few, the people of Cooperstown found a pleasant relaxation from the hard
tasks of pioneer life in attending the trial of suits at law in the
court house. Here were large crowds of interested spectators, and the
matters of litigation were widely discussed in the taverns and homes of
the village. Cooperstown, as the county seat, was the chief battle
ground of an endless warfare among the lawyers of the region, and the
forensic struggles of the first twenty years of the century developed an
array of legal talent in Otsego county which gained the reputation of
being the ablest in the State west of the Hudson. In those days the best
lawyers were orators, and some were actors who would have done credit to
the dramatic profession. The public had its favorites among them, and
their names were known in every household. The trial practice of that
day was a keen encounter of wits between men of high native talent who
perfectly understood each other's motives, and showed infinite
dexterity in twisting facts and arguments to serve their purposes.[75]
[Illustration: AMBROSE L. JORDAN]
The ablest lawyer in the county from 1813 to 1820, when he removed to
Hudson, was Ambrose L. Jordan, who began his career in Cooperstown in
partnership with Col. Farrand Stranahan. Jordan was a commanding figure,
six feet tall, slim and graceful in figure; blue eyes that were at once
keen and kindly added lustre to the impression produced by the
sensitive features of his countenance. He had a profusion of brown curls
and a complexion as fine as a woman's. Dignified and courtly in manner,
he was as brilliant in conversation as he was impressive and powerful as
an orator. In natural eloquence Jordan was a man of the first rank.
Added to this he was a close student, and prepared his cases with great
care. He had great powers of endurance, and in long trials always
appeared fresh and strong after other advocates were exhausted. In his
pleadings before a jury he used every resource at his command, indulging
in flights of oratory that kindled the imagination, dazzling his hearers
with rhetorical tropes and figures, at times humorous and playful, with
a tendency to personal allusion most uncomfortable for his opponent.
Jordan was terrible in sarcasm. One Asbury Newman, a poor, worthless,
drunken fellow, ever ready to testify on either side for a drink of
whiskey, was brought upon the witness stand. Jordan knew his man. After
exhibiting his character in its true light, ringing all the changes upon
his worthlessness, and ridiculing his opponent for bringing him there,
he closed by saying, "Gentlemen of the jury, I will convince you that
this degenerate specimen of humanity is not the son of the saintly and
exemplary Elder Asbury Newman, but that he is the legitimate son of
Beelzebub the prince of devils. He is an eyesore to his father, a sore
eye to his mother, a vagabond upon earth, and a most damnable liar!"
Poor Asbury never appeared in court as a witness afterwards.[76]
Jordan would never submit to being imposed upon by sharp practice. On
one occasion, as he was returning homeward in the early evening from the
trial of a case in a neighboring village, his wagon broke down. There
was some snow on the ground, and a farmer in a lumber sleigh was gliding
by, when Jordan requested his assistance to reach Cooperstown, some five
miles away. The two put the broken wagon on the sleigh, and leading the
disengaged horse, drove on to Jordan's home. No bargain had been made,
and when, at the journey's end, Jordan inquired what he should pay, the
sharp farmer named a most extortionate sum. Jordan then declared that
the pay demanded was three times as much as the service was worth; yet
rather than have any hard feeling about the matter he would pay double
price: but more he would not pay. The offer was refused, and the farmer
departed, breathing threats.
Within a few days a summons was served on Jordan to appear before a
justice who was a near neighbor and friend of the farmer. On the trial
the justice gave judgment for the plaintiff for the full amount of the
claim, and costs. As soon as the law would permit, execution was issued
on this judgment, and placed in the hands of a deputy sheriff for
collection.
Jordan managed to have information of the coming of the officer to
collect this judgment. His law partner, Col. Stranahan, was the owner of
a handsome gold watch and chain, which for that occasion Jordan
borrowed, and hung up conspicuously from a nail on the front of the desk
at which he was writing, in the little office building which then stood
on Main Street, near Jordan's home.
When the officer entered, saying that he had an execution against him,
Jordan asserted that he did not intend to pay it.
"Then," said the officer, "my duty requires me to levy on your property,
and I shall take this,"--at the same time taking the watch, and putting
it into his pocket.
"My friend," said Jordan, "I advise you to put back the watch. If you do
not, you will get yourself into trouble."
The deputy was obdurate, however, and left the office, taking with him
the watch. With all possible expedition a writ and other papers in a
replevin suit were prepared for an action of Stranahan against the
deputy sheriff. The sheriff of the county was found, the replevin writ
put into his hands, which he at once served on the deputy, took back the
watch and delivered it to the owner. The deputy sheriff called on the
farmer to indemnify him in the replevin suit, which he felt compelled to
do. The result of the affair, which was soon arrived at, was this: the
plaintiff succeeded in the replevin suit, the costs of which amounted to
over one hundred dollars. The judgment obtained by the extortionate
farmer was about twenty dollars, and he finally had to pay over to
Jordan, as Stranahan's attorney, the difference between these sums.[77]
When Ambrose Jordan began the practice of law in Cooperstown he planted
an elm tree on Chestnut Street in front of his home, at the northwest
corner of Main Street. This elm, grown to mighty proportions, celebrated
its one hundredth birthday in 1913. Within a few paces of the corner,
facing on Main Street, and in the rear of the dwelling which fronts
Chestnut Street, stood the small building that Jordan occupied as an
office. This is one of the few remaining examples of the detached law
offices which were common in Cooperstown, as in other villages, in early
days, and often stood in the dooryard of a lawyer's residence.[78]
[Illustration: _C. A. Schneider_
JORDAN'S HOME, AND HIS LAW OFFICE]
Jordan's partner, Col. Stranahan, was less conspicuous as a lawyer than
as a soldier and politician. He was in command of a regiment throughout
the War of 1812, and received official commendation for gallantry. On
his record for military service and personal popularity he was elected
senator, from what was then known as the Western District, in 1814, and
again in 1823. During this period he became the recognized leader of the
Otsego Democracy. Stranahan was a poor man, and his official service was
rendered at the sacrifice of his law practice. When Cooperstown
celebrated the fiftieth anniversary of our national independence, Col.
Stranahan, because of his debts, was a prisoner in the county jail. A
multitude of people from every part of the county had gathered in
Cooperstown, and among the guests of honor were two old friends of
Stranahan, Alvan Stewart and Levi Beardsley of Cherry Valley, the former
being the orator of the day. Stewart and Beardsley, greatly distressed
that, on an occasion devoted to the celebration of liberty, Stranahan
should be in jail, went to the sheriff and gave their word to indemnify
him, if he would bring his prisoner to the celebration. Accordingly
Stranahan came, closely attended by the sheriff, and, after the
oration, dined with the celebrating party. After the drinking of many
toasts, toward evening the sheriff wished to return with his prisoner to
the jail. By this time the party was in a merry mood, and full of the
spirit of independence. The sheriff had some difficulty in persuading
the banqueters to permit him to withdraw Stranahan from the festivities.
Finally it was decided that if Stranahan must return to jail it should
be with an escort of honor, and a group under the leadership of Stewart,
Beardsley, and Judge Morell agreed to perform this duty. On reaching the
jail the members of the escort were seized by another freak of fancy,
and insisted upon being locked up with Stranahan. The sheriff having
complied with their wishes, the prisoners soon tired of their
confinement without further refreshment, and sent for the plaintiff
against Stranahan to come to the jail. This being done they affected a
compromise with him, by which he agreed to cancel a part of the debt if
Stranahan's friends would each pay him twenty dollars. Thus Stranahan
was released in triumph, and the rest of the night was passed in
celebrating the event.[79]
Ambrose L. Jordan's chief rival among the lawyers of Otsego county was
his neighbor Samuel Starkweather, a man of great physical and mental
power. He was in many ways to be contrasted with Jordan, more strongly
built, swarthy, having dark eyes and hair, with a massive head set upon
broad shoulders, and every feature of his face indicative of strong will
and energetic action. Somewhat less of an orator than Jordan,
Starkweather equalled him in close logical reasoning.
[Illustration: _J. B. Slote_
THE HOME OF ROBERT CAMPBELL]
At the beginning of the century John Russell, Elijah H. Metcalf, and
Robert Campbell were resident in Cooperstown. Russell was the second
member of Congress to be elected from the place. Col. Metcalf served two
years in the legislature of the State. Campbell, of the well-known
Cherry Valley family, built for his residence in 1807 the house which
still stands on Lake Street facing the length of Chestnut Street. He was
a man of stout build, with a full face, slightly retiring forehead, a
trifle bald, urbane and unassuming in deportment. As a pleader at the
bar he was only moderately eloquent, but he was popularly designated far
and near as "the honest lawyer," and his advice was not only much sought
but implicitly relied upon. In a period not much devoted to the
amenities of legal procedure one member of this group of lawyers, George
Morell, made a reputation not so much as an advocate as for his
faultless diction and polished manners.
On the other hand, Alvan Stewart of Cherry Valley was the clown of the
court room, and to such good purpose that the ablest lawyers of
Cooperstown dreaded him as an opponent. He was a master of absurd wit
and ridicule. In Proctor's _Bench and Bar_ he is referred to as "one of
the most powerful adversaries that ever stood before a jury." He was not
a profound lawyer, and seems never to have studied the arrangement of
his cases, nor to have bestowed any care in preparation for their
presentation, but his mind was richly furnished with thoughts upon every
subject which came up for discussion in the progress of a trial, and his
illustrations, although unusual and grotesque were strikingly
appropriate. His greatest power lay in that he could be humorous or
pathetic, acrimonious or conciliating, denouncing the theories,
testimony and pleas of the opposition in lofty declamation, and almost
in the same breath convulsing his audience, the court and jury included,
by the most laughable exhibitions of ridicule and burlesque.[80]
A case in which Alvan Stewart opposed Samuel Starkweather was long
afterward famous in Cooperstown.[81] The case was an important one, and
was brought to a climax when the logical and serious Starkweather began
summing up for the defense. While he was speaking Stewart took a
position so as to gaze continually into the face of his opponent,
evidently with the intention of disconcerting him, and of distracting
the attention of the jury. Starkweather was not a little irritated at
Stewart's absurd look and attitude. In spite of this, however, he
grappled with the strong points at issue, and elucidated them with
telling logic in his own favor; he kept the closest attention of the
jury, producing conviction in the justice of his position; and took his
seat well satisfied that he would have a favorable verdict. In his
closing words Starkweather made some allusion to Stewart's staring eyes,
and cautioned the jury against being influenced by the well-known
absurdities which he was wont to introduce.
Stewart in the mean time sat with a pompously assumed calmness and
dignity, like a turkey cock beside his brooding mate before awaking the
dawn with his matin gobbling. After a time he began to gather himself
up, and slowly lengthened out to his full height, about six feet four.
His blue frock coat thrown back upon his shoulders sat loosely around
him. His arms hanging down beside him like useless appendages to a
statue; his white waistcoat all open except one or two buttons at the
bottom; his white necktie wound carelessly about his neck; his shirt
collar wide open; his face a kind of oblong quadrilateral containing
features grotesquely drawn downward; his eyes, large and prominent, so
turned as to show most of the sclerotic white of the eyeballs,--all were
combined to present the buffoon in his utmost burlesque of himself.
Alvan Stewart's first movement was to turn his head and roll his eyes so
as to fix the attention of his audience, who were ever ready to laugh
when his lips opened, whether wit or folly came from them. Then, with an
awkward bow, he paid his respects to the court, and, turning to the
jury, commenced:
"It appears, gentlemen of the jury, from the remarks of the opposing
counsel," here turning to Starkweather, "that my _eyes_ constitute the
principal thing at issue"--pausing a moment, then turning again to the
jury,--"in the cause pending before us. They are the same eyes that my
Maker fashioned for me, and I have used them continually ever since I
was a b-o-y,"--drawing the last word out with a deep guttural
voice,--"and this is the first time that I have ever heard their
legitimacy questioned." He then went on to compare his eyes to two full
moons rising upon the scene, a phenomenon made necessary to dispel a
little of the darkness that, under the pretence of light and justice,
had been ingeniously thrown around the cause they were to decide. For a
full half hour this rambling burlesque was continued, with a manner of
delivery indescribably ludicrous, only now and then touching upon the
cause on trial, and then only to fling ridicule upon some of the points
previously argued for the defendant.
During all this time the spectators were shaking with laughter, while
the jury and even the judge had to press their lips to retain their
gravity, and were not always successful. More than once Stewart was
interrupted by Starkweather for bringing in matters not related to the
subject under litigation, or for making statements not warranted by the
facts. Stewart stood blinking at him until he had finished, then turned
beseechingly to the judge; when the decision was against him he struck
out into some other line of buffoonery equally grotesque. In conclusion
he came down to argumentation, bringing his logic to bear upon the few
points that he had not involved with absurdities, and sat down in
triumph.
When the verdict had been rendered in Stewart's favor, Starkweather
strode forth from the court room in a rage, muttering fierce
imprecations against a man who was capable of overmatching reason and
justice by low buffoonery.
But none could be long angry at Stewart. He had no personal enmities and
no enemies. Later in life he became an anti-slavery agitator and
temperance lecturer pledged to total abstinence, the latter a much
needed measure of reform in the case of Alvan Stewart.
FOOTNOTES:
[Footnote 75: _Noted Men of Otsego during the Early Years_, Walter H.
Bunn, Address at the Cooperstown Centennial.]
[Footnote 76: _Random Sketches of Fifty, Sixty and More Years Ago_,
Richard Fry, in the _Freeman's Journal_, 1878.]
[Footnote 77: _History of Otsego County_, 1878, p. 283.]
[Footnote 78: Moved to the north of the residence, 1917.]
[Footnote 79: _Reminiscences_, Levi Beardsley, 223.]
[Footnote 80: Walter H. Bunn.]
[Footnote 81: Richard Fry.]