GEORGE HOSMER.

His Ancestry.-A Son of Dr. Timothy Hosmer.-Oliver Phelps.-Description of Western New York in Early Days.-First Court in Ontario County.-The Law yers in Attendance.-The Trial.-Amusing Charge of Judge Timothy Hosmer to the Jury. Highly Gratifying to the Ladies.-George Hosmer's Early Education. -Preparation for the Bar.-Admitted to Practice.-Opens Law Office at Avon.Moses Hayden.-Hosmer Appointed District-Attorney.-Successful Practice of the Young Advocate.-Engaged in a Great Murder Trial at Batavia.-Defends the Murderers.-Singular Verdict.-Uncertainty of the Jury System.-Remarks of Luther C. Peck Concerning Petit Jurors.-Mr. Hosmer as an Advocate and Speaker.-Singular Defense of a Young Girl at Batavia.-Retained for the Plaintiff in the Great Case of Pratt v. Price.-John C. Spencer Opposed.--Speech of Mr. Hosmer.-Charles M. Lee.-John Dickson.-Judge Gardner.-His Character.-Hosmer Engaged in the Morgan Trials.-Defends Roberts, Editor of the Craftsman.-Hosmer's Speech to the Jury on Behalf of a Very Poor Client.Money in the Jury Box.-Elected to the Legislature.-His Career in the Assembly.-Characteristics.-Death.

THE name of George Hosmer was for many years identified with the legal interests of western New York, and his career at the bar has passed into its history. He was a lawyer of eminent abilities, possessing many solid and shining acquirements, a mind naturally strong and comprehensive, improved by the usual classical studies, a critical acquaintance with English belles lettres, and a laborious and systematic study of the common and statute law. Hence, the high position which he attained in his profession was the legitimate and proper reward of real merit, of untiring industry, diligent research, and not the result of any adventitious circumstances. The wreath which he wore was not won in contests with plebeian competitors, for it was his fortune to commence and continue his professional struggles with those gigantic intellects which composed the bar of western New

York; noble and generous rivals, who yielded him with cheerfulness and pride the honors he had achieved.

George Hosmer was born in Farmington, Conn., August 30th, 1781. He was a descendant of Colonel Thomas Hosmer, of Hawkworth, England, a strong and vigorous supporter of Cromwell; sustaining him with undaunted valor in the field, and aiding in those deep laid ambitious schemes which elevated that singular man to the position of lord protector of England, and upholding the protectorate with all his power and influence. When at length the sun of Cromwell descended forever, and Charles II. returned "to his own again," Colonel Hosmer, with the fugitive regicides, Goff, Walley and Dixwell, was compelled to leave England and secure an asylum from royal vengeance in the wilds of New England. He settled at Middletown, Connecticut.

George was a nephew of Hon. Titus Hosmer, of Middletown, a distinguished scholar, statesman, judge and lawyer. The elegant poem or elegy on his death, written by the pen of Joel Barlow, will long be remembered as a beautiful and scholarly production. The father of the subject of this sketch was Timothy Hosmer, one of the earliest settlers of Ontario county, a man of liberal education, a physician by profession, and a true gentleman of the old school.

At the commencement of the revolutionary war, he entered the Continental army as surgeon of a Connecticut regiment, in which capacity he served during the war, with the exception of two years, during which time he served as surgeon on the staff of Washington. He was present at the battles of Monmouth, White Plains, Brandywine, Princeton and Trenton. At the execution of Andre he was one of the attending surgeons, and no event which he witnessed during the progress of the whole war made so deep and lasting an impression on his mind as did the death of that elegant and accomplished soldier. In after

years, while relating the circumstances of this execution, he was "often beguiled of his tears."

In October, 1798, he was appointed by Governor George Clinton, first judge of Ontario county. Oliver Phelps, with whom he came to western New York, had previously been appointed to that office, but such was the condition of the county that no courts were held or organized by Judge Phelps, and his many important business relations compelled him to resign, and Dr. Hosmer was appointed in his place. Mr. Phelps was a native of Windsor, Connecticut, and with Nathaniel Gorham was one of the earliest landholders in the then far off Genesee country. He was active, high-minded, enterprising and intelligent. When he first visited western New York, that now highly cultivated and splendid section of the State was an unbroken wilderness, save the few settlements or openings made by the Indians. But the sheen of its beautiful lakes and rivers, the legendary hunting grounds of the red man, and the natural beauty of the country, had many charms for the intrepid pioneer, and as if by prophetic vision he saw something of its future greatness, though he could not realize that within a period of time less than a century it would attain a position in civilization, wealth and refinement equal to realms known in history for ages.

Mr. Phelps first visited Geneva, than called Kanedesaga, in the year 1788. In the spring of 1789, under his auspices, a large company from Connecticut and Massachusetts commenced a settlement in the country of the Genesee; after encountering many hardships and adjusting many difficulties with rival companies and the Indians, a settlement was permanently commenced. Canandaigua, or Canadargua, as it was first called, was the headquarters of Mr. Phelps. The beautiful location of that village, or trading post as it was then, had been previously described by tourists and adventurers who had occasionally found their

way to this distant country. As early as 1765, a traveler by the name of Kirtland, visited Kanadesaga, or Geneva, and in a letter to Sir William Johnson, under whose auspices the journey was undertaken, he bitterly complained of the fare he found.

"Could I have plenty of fresh venison and bear's flesh," he said, "I could do without bread, ye staff of life; but to have little of either, and ye most part of it rotten, I think may be called coarse food."

In another part of this letter, he says he finds "nothing but ye Indians here." And this only a hundred and four years ago.

Soon after the settlements under Phelps and Gorham were commenced, several distinguished tourists from the Atlantic cities and from Europe, visited western New York, and the poetic description which they gave of the country attracted great attention. The Gentleman's Magazine, a well known quarterly of much literary merit, then published in London, contains a letter written from Geneva in 1790, by a young nobleman, who made the tour of "these western wilds," as he called the country.

"The scenery about Kanadesaga," he says, "is beautiful and as enchanting as any Italian landscape, or the shores of classic seas, while the whole country about Canandaigua is as enchanting as the Vale of Tempe, and as beautiful as the garden of Hesperides. There are, however, but one or two families of whites at either place, to enjoy the Eden-like beauties of the situation."

The county of Ontario was set off from Montgomery in the year 1789, and included all the territory known as the Geneeee country, and now known as western New York. Mr. Phelps was elected to Congress from Ontario county in the year 1803. He served in that body two years. After retiring from Congress, he embarked in certain speculations, which resulted disastrously, and he became greatly embarrassed, notwithstanding that his wealth was once estimated at a mill

ion dollars. He died at Canandaigua in the year 1800. The names of Oliver Phelps and Nathaniel Gorham are indelibly inscribed in the history of western New York; while their descendants are known among the most respectable and distinguished citizens of the State.

Judge Hosmer presided at the first county court ever held in Ontario county. His associates were Charles Williamson and Enos Boughton. This court was held at Nathaniel Sanborn's hotel, in Canandaigua, November, 1794. Among the lawyers present were Vincent Mathews, James Wadsworth, John Wickham, and Thomas Morris. There were several causes on the calendar, but no jury cases were tried-the principal business being the organization of the court. The next term was held in June, 1795. At this court, occurred the first jury trial which ever took place west of Herkimer county. It was the trial of a man indicted for stealing a cow-bell. The culprit was defended by Vincent Mathews and Peter B. Porter; while the prosecution was conducted by Nathaniel W. Howell, afterwards Judge Howell. The cause was tried with all the adherence to strict legal rules, with all the conformity to great principles of justice, which characterizes legal proceedings in the most gorgeous temple of justice, or under the domes where law, in scholastic robes, has been for ages dispensed. After a close, legal contest, and an able charge to the jury from Judge Hosmer, the prisoner was acquitted. The first Circuit Court, and Court of Oyer and Terminer, held west of Montgomery county, took place at Patterson's tavern, Geneva, June, 1793. John Sloss Hobert, one of the three justices of the Supreme Court, appointed after the organization of the judiciary in 1777, presided. A grand jury was impanneled and charged, but no indictments were found.

Judge Hosmer was not bred to the bar, yet his strong, practical, good sense, his finished education, extensive reading, his love of justice and equity, rendered him well qualified for his judicial position, and