Random Sketches of Fifty, Sixty and More Years Ago
By R. Fry
Freeman's Journal, Cooperstown, NY, November 14, 1878
"Fate steals along with silent tread, / Found oftenest in what least we dread; / Frowns in the storm with angry brow, / But in the sunshine strikes the blow."
The Old Pine
Long years ago, there stood in the pasture of the old Philip Wells farm in Hartwick [Otsego Co. NY] northwest of the "four corners" a very large and tall pine, solitary and alone. there was not another tree or bush standing anywhere within fifty rods of it. It was the sole occupant of the high ground upon which it stood, the only representative of the primeval forest, reaching upward 180 feet, as was found by actual measurement after its fall. The sentinel raven had often rested on its upmost ending to caw! caw! caw! its notes of warning to his depredating fellows; the hawk, swimming with undulating wing in easy and graceful motions, had sometimes left its circle incomplete and made it his perch, while surveying the grand panorama which lay below and around him, the flocks of wild pigeons had often folded their tired wings and covered its branches; the winds and storms had rushed upon it in all their fury; the clouds had brushed its head as the hoarse euroclydon had hurled them onward; the lightning had played about it, and the earth had trembled under the reverberations of the echoing thunder, still, the old pine stood in sublime grandeur, firmly rooted to the earth, bidding defiance to the onset and battles of the elements.
One clear morning, a brother of ours being home on a visit, looking out from the west window said, "It seems to me that old pine leans more than it used to." It had always leaned to the north a little. Nothing more was said or thought of it at the time. The air was perfectly calm. Soon a crash was heard; we looked, and the old pine had fallen! It had long been dead; no green foliage had clothed its branches since our remembrance.
George A. Starkweather
In the first number of our Sketches nearly a year ago, we said, after paying a just tribute to the Cooperstown bar of fifty years ago, "And of all those master minds that were wont to flash their swords of logic, wit and sarcasm in the forensic arena, George A. Starkweather alone survives [in 1878]; like the aged and weather beaten pine of the valley, who having lived to see all his fellows one by one fall around him, is still vigorous and green at the top." But now he, too, has fallen. Full of years and honors, he has gone to meet his God. Only that which is mortal remains upon the earth, which has opened its grave and enclosed it in her bosom.
We knew him fifty-four years ago as School Inspector. He visited our school and spoke kind words to us, and outside our schools, spoke kind words of us. He always met us with a friendly recognition and if after an interval of a few months, with a cordial shake of the hand. In the many just and glowing tributes that have been paid to his memory there is one rare quality that he possessed that has not been brought out. We refer to the faculty which he had of recognizing and calling by name any person to whom he had been introduced or had had the most casual acquaintance. This, joined to the natural urbanity of his nature, the outgrowth of his friendliness of heart, tended greatly to enlist the good opinions of his associates and add to his popularity and usefulness. He was a Democrat by Nature, and his inherent suavity of manners never forsook him.
The Phillips Divorce Suit
An incident occurred in his early practice in which he must have felt somewhat keenly the course taken by the Court towards him, and one which we have always looked upon as highly creditable to his sensitive nature. One Mr. Phillips, a man pretty well advanced in years, of ample means, crowned with gray hairs of probity and honor, had been inveigled into a marriage with a woman whose character was such as caused her to be wholly ignored by the ladies of the village. The marriage was a surprise to all knowing the parties, and the scandal was in the mouths of all the people. In due course of time, Mr. Phillips applied for a divorce for the alleged breaking of the seventh commandment [You shall not commit adultery]. A lawsuit followed. Alvin Stewart was retained by Mr. Phillips and the Messrs. Starkweather were the opposing counsel.
During the trial the attempt was made by the plaintiff to criminate Samuel Starkweather in the case of alleged adultery. For this purpose, a colored woman was brought upon the stand, who stated that she had seen Mr. Starkweather at the house of the defendant after dark. Nothing was proved against him. Mr. Starkweather immediately took the witness stand, saying that it was necessary for him to see the defendant in order to conduct the case properly; admitted going in the evening, wishing to avoid the speech of people, and concluded by testifying that he never laid a finger upon the hem of her garments. Such cases always draw, which, added to the forensic abilities of the opposing counsel, caused the courtroom to be filled to its utmost capacity with eager spectators. Starkweather made one of his finest efforts, close, clear, logical and concluded in a strain of surpassing eloquence in defense of what he claimed to be an innocent and injured woman, evidently leaving a very favorable impression on the jury and as was often his custom, gathered up his papers and left the room, leaving his brother to watch the progress of the trial.
A Sensation in Court
Stewart awoke that morning in all his glory and girded on his panoply, prepared to measure his lance with his oft met rival upon a field peculiarly adapted to exhibit his prowess. As he arose, every eye was fixed upon him. Before he uttered a word, as he turned his big eyes and clownish features upon the court, the jury and the audience, a growing risibility was in full play all around him, and as he continued his plea of wit, logic and the most grotesque humor, burst after burst of laughter followed in quick succession, which no efforts of the court could wholly restrain. After commenting upon the testimony of the different witnesses he came to that of Mr. Starkweather, for whom he had evidently reserved his choicest batteries of raillery. He continued for some time putting constructions upon the words of the witness entirely foreign to their natural import, in language less classical than ridiculous and sometimes bordering upon the low and impure, and when he came to play upon the phrase, "he never laid a finger upon the hem of her garments," his language was unfitting a court room. The house roared.
Young Starkweather had sat and listened till he could withstand the lampoonery upon his brother no longer, sprang to his feet, with flushed face and gleaming eyes, trembling all over with passion, and facing the court exclaimed: "I will not sit here and hear the character of my brother thus infamously traduced! It is a disgrace and an outrage!" The Judge promptly called him to order and rather peremptorily ordered him to be seated, and what was a little singular, did not utter a word of reproof to Stewart, but went on the say that inasmuch as Mr. Starkweather had placed himself upon the witness stand, he must expect to be treated like other witnesses. The sensation produced by the manner and abruptness of Mr. S's short speech was intense. It was like the instantaneous hush of the tornado. The house convulsed with laughter, in a second of time became hushed and silent as the chamber of death. Not a muscle moved, not a smile was seen. Stewart stood nonplussed. By and by he turned to the jury and then bringing his eyes to bear upon the audience and in the "expressive silence" everywhere around him, took in at a glance the situation and felt a keen rebuke. Starkweather had accomplished his object, and Stewart concluded his argument without any more flings at his rival and in very different manner from what had proceeded.
Alvin Stewart
Of Stewart's early life, we gather some interesting details from our venerable friend Melancthon Barnet, now is his 90th year [in 1878], still clear sighted, clear headed and every day at the bank of which he is a director and one of its most able counselors. Stewart came from Vermont in early life, about 1813 to Cherry Valley [Otsego Co. NY] and he and Barnet boarded at the same house that kept by Jerome Clark, father of the Jerome Clark formerly a hotel keeper near Hartwick Seminary, and father-in-law of Mr. Barnet. When within a few miles of Cherry Valley, Stewart stopped at a Mr. Hamilton's, an ash dealer, who occupied an old, dilapidated house and called for something to eat and obtained a tolerable good meal and offered his host his last shilling in payment for it, which was refused. Stewart soon got the position of principal of the academy. During this time he indulged in drinking and sometimes got intoxicated. He afterward entered the law office, of J.O. Morse, one of the old-time counselors of the Cherry Valley Bar. He afterward borrowed little sums of his friends and all of a sudden was missing. He went to Kentucky, and by the assistance of Hon. Mr. Bledsoe, became principal of an academy at a very high salary. He remained there about three years. One day while Mr. Barnet was in Albany, he met Mr. Stewart on his way home. On his arrival at Cherry Valley, he entered his old law office, and recognizing some of his old acquaintances, he put his hand into his bag of silver and bringing out a handful of half dollars, scattered them about the room. He paid up his debts, completed his studies, was admitted to the bar, and soon entered upon an extensive and lucrative practice.
He married a daughter of Major Holt of Cherry Valley, one of the first citizens of the place. His marriage was a happy one, and to the influence of his wife, he doubtless owed much of his future celebrity. He went from Cherry Valley to Utica where in addition to his law practice, he became widely known as an abolition and temperance lecturer, as a humorist and scholar and for his legal attainments. He died in the prime of manhood and left a name and a fame behind him crowned with honor. It is said, even after his advent as a temperance lecturer, he was once about bringing the glass to his lips, when his wife chanced to come in and prevented his fall.
Final Interview with Mr. Starkweather
On Saturday preceding the Monday we left Cooperstown, as we were passing down Main Street, we met Mr. Starkweather nearly in front of Carr's Hotel, and after a short conversation, he turned about and at his request we proceeded to the Central Hotel and took seats in chairs standing in front of it. We there had a long and pleasant conversation and parted never expected to meet again, but little thinking that in one short month one of us was to die. In this case it was the elder; but it is not always thus. during this interview, many incidents and doings of olden times were passed in review. We referred to the speech made by his brother Samuel, in the hall of what was then called the "Moon tavern", after having taken the "laughing gas," as it was then called. This was supposed to bring out something of the natural best or idiosyncrasies of the person taking it. The evening was passing quietly without any striking illustrations of individual traits of character, when a gentleman whose name is gone from us now, stepped upon the stage and became the recipient of the vivifying gas. He immediately faced the audience and commenced bowing and gesticulating and breathing soft silly words adapted to the smited swain to pour into the private ear of his adored Dulcina. A roar of laughter and jeers followed. The spell was broken; he stood for a moment much disconcerted and then left the stand with very different sensations from those he had when he stepped upon it. It was then found difficult to get another victim to undergo the ordeal. No one could be prevailed upon the come forward.
At this opportune moment, Samuel Starkweather entered the room. He was immediately and repeatedly called for to take the stand, and finally reluctantly consented. The gas being administered, he turned to the audience and assuming a commanding attitude, with a flashing eye and gestures to match, and in a loud, firm and somewhat prolonged voice exclaimed: "Atten-t-i-o-n, the Universe! By Kingdoms right wheel!" This brought down the house. The effects of the gas had lost its power over him, and he too stepped down, but with far different emotions from his lovelorn predecessor. The next morning as he was passing down Main Street, when nearly opposite Worthington's hat store, a voice from the opposite side of the street was heard echoing his last night's speech. "Attention the Universe!" and another a little farther off repeated, "By kingdoms, right wheel!" Starkweather stood a moment and then passed on. These terms were used as by words by the initiated for some length of time afterward.
A Lawsuit of Seventy Years Ago
We also referred to an early day, when the two young lawyers, Samuel Starkweather and Ambrose I. Jordan, engaged in a lawsuit, came out to Peth together in a buggy. We spoke of it not to illustrate any qualities of the two lawyers but to exhibit the ideas of the honest old pioneers of Hartwick. Truman Head, probably in some freak of having a spree, had opened the waste gate of Noah Eddy's sawmill, and let the water out, whereupon a lawsuit was the result, and Starkweather and Jordan were the opposing counsel. During the trial they indulged in a good deal of repartee, sarcasm, recrimination and clashing of words, but at the end of the trial, which probably paid them better than it paid either of their clients, they got into the same buggy to go home, apparently as good friends as when they came out in the morning. In good old Hartwick, at that time, a quarrel meant something. The fist was sometimes brought into requisition, and the spirit of anger was not so easily quelled. The wonder was how they could quarrel all day and ride home together good friends. The subject was often referred to and much talked of for a long time afterward. Our brother Ambrose thinks this must have been about sixty years ago [about 1818].
Literary Theft
This reference to the two young lawyers of that early day, Samuel Starkweather and Ambrose L. Jordan, who were destined to stand not only at the head of the Otsego Bar, but that of Western New York, brought out Mr. Starkweather upon the subject of our comparison of the two in one of our "Random Sketches" published in the journal of November 8, 1877, and which was plagiarized and published verbatim in the late "History of Otsego County." we understood by Mr. Starkweather's remarks that he was privy to it. He said: "I gave directions to have the comparison credited to you" and spoke in very laudatory terms of its truthfulness and pertinency, characterizing the literary theft in rather strong terms. We told him that as far as the mechanical work of the book was concerned, it was well got up; that we readily identified many of the portraits given in it; but beyond this, we thought its most prominent features were a paucity of facts, an evident want of thorough investigation in its compilation and a lack of reliability in many of its details and did not care much about it. "But" continued Mr. S., "they ought to have given you credit for it; it was d....d mean in not doing it." Well, we had no disposition to differ with our scholarly and venerable friend at the time and certainly have not now when he is dead. He may have been right in his opinion about the matter. R. Fry
