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COMMEMORAllVE
BIOGRAPHICAl RECORD
-OK-
DUTCHESS COUNTY,
NEW^ VORK,
COTAlMNG
BIOGRAPHICAL SKETCHES OL PROMINENT AND REPRESENTATIVE
CITIZENS, AND OF MANY Cf THE EARLY SETTLED FxVMILIES.
-IJL .,USTR ATED-
CHICAGO;
J. H. BEERS & CO.
1897.
n
l-^O"]
I- ROM rHE PKKK. Of WllOH. IIUMI'IIKEVS & CO..
hoUKTH ST., LOatHslflRT. INIl.
F'l^EF^.^OE.
THE importance of placing in book form biographical history of representative citi-
zens — both for its immediate worth and for its value to coming generations — is ad-
mitted by all thinking people; and within the past decade there has been a grow-
ing interest in this commendable means of perpetuating biography and family genealogy.
That the public is entitled to the privileges afforded by a work of this nature needs
no assertion at our hands; for one of our greatest Americans has said that the history of
any country resolves itself into the biographies of its stout, earnest and representative citi-
zens. This medium, then, serves more than a single purpose; while it perpetuates biogra-
phy and family genealogy, it records history, much of which would be preserved in no
other way.
In presenting the Commemorative Biographical Record to its patrons, the pub-
hshers have to acknowledge, with gratitude, the encouragement and support their enter-
prise has received, and the willing assistance rendered in enabling them *to surmount the
many unforeseen obstacles to be met with in the production of a work of this character.
In nearly every instance the material composing the sketches was gathered from those im-
mediately interested, and then submitted in type-written form for correction and revision.
The volume, which is one of generous amplitude, is placed in the hands of the public with
the belief that it will be found a valuable addition to the library, as well as an invaluable
contribution to the historical literature of the State of New York.
THE PUBLISHERS.
i
t
•
1
JOSEPH F. BARNARD.
BIOGRAPHICAL.
ARNARD. HON. JOSEPH F.
The family of this distin-
guished citizen of Poughkeep-
sie, Dutchess county, is of
English origin.
In very early times two
brothers by the name of Bar-
nard received a patent from
the king of Great Britain of a considerable
tract of land upon the island of Nantucket,
and there they and their descendants made
their home until about the year 1818. The
father pf Joseph was born upon that island, as
was his father and his father's father, and his
father's grandfather also.
This makes quite a long line of American
citizenship. By birthright the Judge must be
an American of Americans. The business of all
upon this island from time immemorial was to
"go down to the seas in ships," a life of trial,
adventure and profit, in pursuit of the whale,
principally, but sometimes chartered for com-
mercial ventures the world over. At about the
age of twenty years Frederic Barnard, the fa-
ther of Joseph, came to the fore and took
command of a ship sailing in all the seas where
the whale was to be found. He seems to have
been the last male representative of the name
and fortunes of the Barnards at Nantucket.
About this time he married a Miss Margaret
Allen, a native of Millford Haven, on the bor-
der of Wales and the kingdom of Great Britain.
William and Thomas were born there. Re-
maining there a few years, Frederic brought
his family to Nantucket, and having accumu-
lated a fair competence he migrated with his
family of two children and wife to the east
bank of the Hudson river about two miles north
of the then village of Poughkeepsie, and settled
upon arl estate of about 100 acres of farm and
1
wood lands. It is said that he was attracted
to this location partly by the fact that there
was a company here engaged in sending out a
fleet of whalers to search the seas for whales,
then valuable for oil and bone. But the father
of Joseph engaged in no further business ven-
tures. He lived quietly upon his lands, doing
not much more farming than seafaring men
are accustomed to do when upon the seas.
Here were born to this father and mbfher eight
additional children, si.x sons — Thom'as^, Henry,
Joseph F. , John, Frederic, George — and two
daughters — Margaret and Martha. Each of
these lived to adult age except Heijry, who
from some child's sickness died as a little one
of some half dozen years.
Capt. Frederic Bernard used his time and
resources most faithfully and wisely for the
profit of his numerous family, for every child,
nine in number, both girls and boys, were as
thoroughly educated as was possible in this
country. William, Thomas, Robert and Fred-
eric were each graduates from Union College,
while John, Joseph F. and George G. were
graduated from Yale. This shows remark-
able fixedness of purpose in a parent, and
shows also that there were no idle ones in
that family. Capt. Barnard seems to have
taken the bearings of life early and to have
sailed the ship without variation from the true
course. In that day the funds and opportuni-
ties for education were far more difficult of
attainment than now since the cities and State
almost fill one with learning with but one
price — the boy must be diligent. In 1836
Frederic Barnard parted with the lands upon
the Hyde Park road and purchased of Walter
Cunningham the premises known as 47 Can-
non street, where he died at the age of eighty
years. The house is still owned within the
2
COMMEMORA TIVE BIOORAPHICAL RECORD.
family, and Margaret Barnard, and Martha B.
Jones, widow of judge Samuel Jones, now re-
side there during a portion of each year. All
of the brothers of Joseph F. Barnard are now
deceased. William, Thomas and Henry died
at Poughkeepsie, and John at Santiago, in the
Republic of Chili, where he acted most suc-
cessfully and with uncommon skill in behalf of
the government as a civil engineer. He was
said to be one of the ablest in his profession.
Frederic and Robert practiced law in Califor-
nia and died there. George G. was a law3'er,
recorder, and judge in New York City and died
there. Every member of this large family
who lived to manhood or womanhood, was
known for quick abilities, thoughtful also, ahd
won to themselves the firmest personal friend-
ships and regard from others.
On December 31, 1893, our subject laid off
the robes as presiding justice of the supreme
court, he having then reached the age of sev-
enty years — the constitutional limit. On this
occasion the story of his life as here given ap-
peared in the Poughkeepsie Nezvs-Telegrap/i
of about that date:
"Joseph F. Barnard was prepared for col-
lege at the Dutchess County Academy in the
village of Poughkeepsie and finished the course
at Yale, graduating in 1841. He returned to
Poughkeepsie and resided at the Barnard house
on Cannon street. He entered the law office
of Stephen Cleveland, then that of Henry
Swift, each most able lawyers of that day
here. He was admitted to practice about the
year 1845. He began his career as a lawyer
at Poughkeepsie alone. He was tall, thin
and pale, but athletic, given to rowing, swim-
ming, and keeping out of doors a good share
of the day, although he attended carefully to
his little business. He was alert, independent,
not at all given to oratory, but his work was
done and the matter was either won or lost,
and no one found fault with him or his effort.
It seemed to be from the time of his first efforts
that the work was thought to be well done if
he did it. He used his time upon a wise plan,
such as to be sure of having what he wanted
of it for his business. He arose early, and
the office work, drawing of papers, writing
letters, and hunting law, was done at once.
Much was added to his knowledge of law, and
his clients' business was attended to, and then
ho had more leisure time for recreation, and
had done as much work as any man on the
street. He had no influences of family, or
corporation to help him. He got clients,
poor ones with small business at first,
but the people began to discover that there
was something to get in his office; and the
farmers and able people of the county who
wanted a militant lawyer, and did not ex-
pect to be fawned over in a law office, began
to be seen there early in the morning. He
had them, after a few years, sufficient for full
employment; he was earnest in whatsoever he
took hold of ; if he was not to be, he let go of
it very quickly — the dawdling client's money
had no place in his pockets, and this quick-
brained, truthful lawyer had no use for any
part or parcel of such case or man. He won
the cases in court that work, ingenuity and
law would win; fair charges were made, col-
lected, and business closed. Next morning he
was early at the office ready for a new invest-
ment in himself. The clients came more and
more plentifully until his time was used fully,
and if there was a tough, hard job of litigation
or a close legal question, and people wanted
sure work, and answers to live and die by to
questions of law, the hard-headed working and
business men stated their cases to him, and
sometimes the statements had to be shortened,
too, for he was ready to answer, and it may be
that he wanted the question or statement to
be lively in its delivery also. At any rate he
got a place as lawyer at the Poughkeepsie bar,
wherein he had more real clients than any
other lawyer here. No large corporations —
but suits for all the people everywhere, suits
about little things and big. People who want-
ed right protected or a wrong stopped took
him for lawyer quickly. The trials, as to all
the various businesses of men, in which he put
his fervid, his best, efforts, it was always one
thing with him, the best he could do; they
were all the time going on and covered our
county completely, until he was the head of
the profession here, and people commonly
said if he said a thing it must be so. He was
careful of money, but obliging with it in all
proper situations, often helping the nafdy client
with aid to tide him over troubles. He did
not appear to think life was all on one side,
and that side for himself.
"In 1863 there was an opening for some
Democratic lawyer in this judicial district to
be elected as justice of the supreme court.
Joseph F. Barnard was the choice of the pro-
fession and people in Dutchess county. There
was no question made as to that here, and,
COMMEMORATIVE BIOGRAPHICAL RECORD.
after some little struggle at Brooklyn, he was
nominated and elected for eight years at a
salary of $2,500 per year; after serving this
term he was again elected, in 1871, for the
term of fourteen years, at a salary of $8, 500
per year: this term he served in full, and was
again re-elected in 1885, for the term of four-
teen years; for each of these two latter terms
he was renominated by both political parties,
and with the expiration of this year (1893) the
eighth year of the present term, liis ofSical
duties end as judge.
" Judge Barnard began the discharge of his
official duties with the same earnestness with
which he had acted as advocate or counsel.
He was the servant of the people and did their
work only, and this was first with him, above
all things, during these whole thirty years.
He was early at his post — indeed, his life work
thus far has been largely done by noon of each
succeeding day, and it has been an exceedingly
active lawyer who has been able to be at the
court room before him with business for the
judge, or order, or paper for him to sign.
This has enabled him to dispose of the busi-
ness, and to take upon himself to personally
see to many things, in the administration of
the law, that are usually disposed of otherwise.
This has been largely to the benefit of the
people in money, and in the saving of their
time. There is a vast amount of work for the
judiciary of the district of which Dutchess
county is a part to do, it being a: district with
as great a population as any in the State. But
the appeal calendar under Judge Barnard was
clear each term, the special and regular court
terms for trials are made to move with vigor,
lawyers, jurymen and all are kept busy with
this system of going ahead with business.
When the court house bell is ringing the
judge is on the bench ready, with gavel in
hand, to begin the duty of the day. This
place, he considered, was as important as a
railroad train, and why delay and use up the
people's money in idle court hours when just a
little pains on the part of each would bring all
of them along in time 1 At any rate the sys-
tem of this judge has kept our calendars clear
of stale suits, and there is no long deferred
litigation to worry and perplex litigants.
" In the work of Judge Barnard as a trial
judge a great benefit has been conferred.
The case, and nothing else, was to be heard.
The attorney who wandered, as manj' are
prone to do, into illogical paths, was suddenly
brought up with an admonitory word, and
things moved on apace. There has been no
known delay of this judge to administer the
\vord, and the ways were made plain, kindly
but firmly. How is it.' It is often asked,
' Does the judge try cases all the time .'' It has
come about in Dutchess county, that almost
all the law cases are left to arbitrament by
Judge Barnard without a jury, and thus, day
by day, the weeks, months and years have been
going away — the judge constantly trying cases,
as it makes so much less trouble to the litigants
and less expense in all ways. The practice in
this respect has brought cases to a conclusion,
and prompt justice is had.
' ' What scenes of legal work have transpired
in those plain rooms wherein our special terms
are held! The judge has sat there as any
other occupant of the room, near the table,
surrounded by the counsel for the parties,
with nothing in seat or station to indicate his
rank in the assembly. At times the room is
filled with the leading lights of the profession
from New York and Brooklyn, and some great
case is heard, involving millions of property
rights, perhaps; the arguments are varied, op-
posing and masterly; but almost invariably as
soon as the argument is ended, if there is need
of decision, it is rendered at once, orally — in a
few plain words, directly to the point, and de-
cisive of the subject matter. This quickness
of decision has been of great value to both
lawyers and their clients. ^
' ' Sometimes it has seemed that the case has
been by him rolled up and handed over in a
very small parcel, and just a little warm from
the mental forging, but it has had the thing in it
that has satisfied the people, for it was right
and men could see it. It is a great thing for a
man to have so satisfied the conscience of all
the people through thirty years of living under
their gaze, and administering their affairs.
Of friends the judge has many, but some of
those, with whom youth and manhood were
passed, have gone from earth. Other lawyers
were here to strive and work with him. Judge
Charles Wheaton, Homer A. Nelson, John
Thompson, Edward Crummey, Cyrus Swan, E.
O. Eldridge, L. B. Sackett, and others; with
them, as a lawyer, he had his struggles, but
he was just as readj- to help them to win their
cases when he was not engaged against them,
as he had been to win his own. He has
greatly enjoyed the society of his legal breth-
ren, and jokes and pleasant talks were a daily
COM.VE.VORATIVE BIOGRAPHICAL RECORD.
repast; indeed, the writer has often, in the
early days, found great pleasure in the talks
of Judge Charles Wheaton, and those other gen-
tlemen of the law. Sometimes the joke would
be upon Judge Barnard — often this way when
Judge Wheaton was to the fore — and the
Judge has not failed since his accession to the
bench to use and fully enjoy these kindly and
and familiar social habits. But, in passing, a
word must be in justice said, that many a hard
knock-down has come to many of us when our
cases did not upon e.xamination bear his acute
inspection. What a legal fight there was
about the building of the reservoir, about the
walling in of the Fallkill and the Quicksilver
Mining Company case; and cases without
number could be mentioned, especially remark-
able, from the public interest as to their de-
cision, and by reason of the eminence of the
counsel engaged — but why particularize when
it has been every-da} business for him for
thirty years full of work.
"The father of Judge Barnard and his an-
cestors for many generations were of the sect
known as Quakers, bringing with them to Nan-
tucket this religious faith and practice. The
mother was of the Church of England, and
Joseph and the other children were, through
her influence, brought up in the American rep-
resentative of her faith, the Episcopal Church.
The Judge is a most faithful reader of the Bi-
ble and a firm believer in the doctrines it sets
forth, and it is often that he speaks with won-
der of the wealth of wisdom in the book.
'•Judge Barnard has become the owner of
man> farms in the county of Dutchess, and
also of a number in other counties. He has
taken much care of these possessions, and has
put the buildings and the farm appurtenances
in first-class order; indeed, nearly all of them
have new sets of buildings upon them, and,
perhaps, in this opening for personal attention
to the management of lands, crops and nice
stock of farm animals, he may find a charming
employment, in out-door life, in his days of
leisure to come. It has been his constant
pleasure to walk over the roads and fields,
taking close note of all that there is in Nature
— getting health, rest and amusement. .All
the roads and ways upon each side of the river
for miles around have been well and frequently
traveled by him. He continues to practice, as
a means of throwing off the burdens of in-door
life. Judge Barnard has always been a Dem-
ocrat, and a man in sympathy with the people.
In 1861 he was married to Miss Emily B. Has-
brouck, of Kingston, Ulster county. They
have two children — Frederic Barnard, yet re-
siding with his parents in their beautiful home
in Poughkeepsie, and a daughter named Maud,
who is now Mrs. James Leno.x Banks, of New
York City; each of these, the son and son-in-
law, are graduates of Yale College, and are
each lawyers working in the profession for its
emoluments and honors. A young lawyer bids
us say, and we cannot refrain from so doing,
since we think it a sure mark of greatness and
broadness of thought in a man who has won
high position by dint of merit, to remember
how weak and timid Joseph F. Barnard once
was as a lawyer; and so we must say that, to
the young lawyer, diffident, strange in the
place, poor, usually, and needing help just
then with his case, no parent with his child
could have been more considerate than Judge
Barnard was with him. No attempt at praise
in this article has been intended, and only the
facts of this useful service to us all has been
the purpose of this story to plainly and truth-
fully give. "
J
fUDGE CHARLES WHEATON (deceased).
,j The subject of this sketch, one of the most
talented and distinguished members of the
Dutchess County Bar, was born May 21, 1834,
at Lithgow, in the' town of Washington,
Dutchess county.
He was connected bj' marriage and blood
with many well-known residents of this region,
the Bockee, the Carpenter, the Barculo, the
Smith and the Thompson families, and his
ancestors in the direct line were among the
most prominent citizens of their day. His
(Charles \\'heaton's) great-grandfather Whea-
ton died during the Revolution, in the city of
New York. His grandfather Augustus (born
in 1774 in New Miiford, or. town of Washing-
ton, Conn., and died in 185 i in New Miiford)
was married, about 1796, to Hannah Givan,
of the town of Washington, Conn. ; she was
born in 1776, and died in 1825 in Pompey,
N. Y. In about 1802 Augustus Wheaton
came to the town of Northeast, Dutchess
county, where he remained till 1810, managing
one of Judge Isaac Smith's farms. In 18 10
he moved to Pompey, N. Y. , with his family,
where he bought a farm and lived till about
1840. In 1S33 or 1834 he was appointed by
the Governor as inspector of salt, which posi-
(3 ^^^^ - ^^*-^^^^^^^^« - ^-^^,
COMMEMORATIVE BIOOBAPBICAL BECORD.
tion he held for about five j'ears. Later he
removed to his former home, New Milford,
Conn., where he married Miss BQstwick. He
died in 1851.
On December 15, 1804, Charles Wheaton's
father. Homer, was born about three-quarters
of a mile north of the Square. He commenced
his school life at Pompey, where he entered
the academy at eight years of age. His pre-
cocity is evidenced by his being already engaged
in translating Xenophon when nine years old.
He entered Hamilton College in 18 19, being
'graduated in 1822, and delivering the English
oration. He studied law, was admitted to the
bar, and began to practice in Syracuse. On
June 23, 1830, he married Louisa Smith,
daughter of Judge Isaac Smith, a well-known
jurist and large land-owner of Dutchess count}',
and as she preferred to live near her old home
he gave up his profession and came to Lithgow,
where his time was largel}' occupied in manag-
ing the estates of his wife. He prepared for
the ministry of the Episcopal Church, was
ordained in 1841, and in 1842 was made
assistant rector of Christ Church, Pough-
keepsie, and in 1846 was chosen rector, serv-
ing one year, when he resigned and returned
to Lithgow. Here he acted as rector of St.
Peter's Church, building Episcopal churches
in Amenia Union and Beekman during his
ministry. In 1854 he was urged by a number
of the clergy for the bishopric then vacant by
the death of Bishop Wainwright, but his relig-
ious views were undergoing a change, and he
discouraged the movement. In 1855 he be-
came a Roman Catholic, and thereafter resided
at his beautiful country home till within a few
years of his death, which occurred in his nine-
tieth year. He had become quite deaf, and
was accidentally killed by the cars at Mill-
brook, on November 12, 1894.
As to the maternal ancestry of Charles
Wheaton: His mother, Louisa Smith, was
born March 29, 1805, and died May 21, 1863.
Her father, Isaac Smith, was born at the
Square, July 25, 1767, and died at Lithgow in
1825. Early in the century he held the office
of county judge, and served also as member of
the Assembly of the State. For the earlier
history of the Smith family we copy the follow-
ing from an old record : ' ' William Smith came
from Gloucestershire, in England, in or about
the year 1635 or '636, unto Boston, where he
was persecuted for his religious principles. He
left Boston and came to Hempstead, on Long
Island, in the year 1639, where about forty
families that had left Boston on the same ac-
count had settled about two years before, under
the States of Holland. He was killed a few
years after by the Indians. He left several
sons: John, Abraham and Morris. Abraham
had two sons — Isaac and Abraham; the young-
est removed to Cape May, in New Jersey.
Abraham died, aged eighty-six years. Isaac
Smith, he settled on the side of Hempstead
Plains. He was born about the year 1657 or
'8, and died in the year 1746. He left two
sons — Jacob and Micah. Jacob was born De-
cember, 1690; Micah was born 1703. Jacob
died in the year 1757. He left two sons —
Thomas, born 9th of August, 1720; Jacob was
one of the judges of the Court of Common
Pleas when he died. Isaac Smith was born
the 9th day of September, 1722, and moved
from Hempstead, in Queens county, where his
ancestors fiad resided nearly a century before,
to the town of Amenia, in Dutchess county,
the year 1769" — and from another section:
"Isaac Smith was born September 9, 1722;
Margaret Piatt was born August 16, 1728.
They were married January 2, 1743 or '4. Of
eleven children born to them, Isaac Smith was
the tenth, born July 25, 1767," the grand-
father of Charles Wheaton, subject of this