American Union Lodge No. 1 - Onondaga and Oswego Masonic ...

the Indians. But the sheen of its beautiful lakes and rivers, the legendary hunting ground^ 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 million dollars. He died at Canandaigua in the year
1809. 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 his decisions were always acceptable to the bar and the
public. The following anecdote illustrates his natural love of justice:
During one of the terms of his court, a woman was brought to the bar for trial, on an indictment charging her with a violent assault
and battery upon a man by the name of Scrope. The evidence developed the fact, that Scrope had intruded himself into the kitchen
of the lady, and grossly insulted her. Seizing an old fashioned splint broom, a formidable weapon, by the way, she drove him from
the house, inflicting several very severe blows upon his head with the broom, which considerably injured him.
The district-attorney, having proved the assault and the injury resulting from it, rested his case, confident that the woman would be
convicted. Her counsel seemed to take this view of the case, and made but little effort to save her. Then came the charge of the
judge; he was, as we have seen, a gentleman of the olden time, too refined and chivalrous to see a lady convicted under such
circumstances; especially as he believed the acts of the complainant were a perfect justification for the assault.
"Gentlemen of the jury," said he, "the evidence in this case, clearly shows that an assault and battery has been committed upon this
man, and unless there is some justification for the assault, you must convict the defendant. But, gentlemen, in my view, there are
extenuating circumstances in the case, which you must take into consideration. Among which, are the sex of the defendant, the
place where the assault was committed, and the circumstances which led to the assault. Gentlemen, bear in mind that the kitchen is
a woman's empire, the broomstick a legalized, and therefore legitimate weapon, her honor the corner-stone of society, nay, its
superstructure. The wretch who invades her empire and there wantonly insults her, should never complain if quick, heavy, repeated
blows given with her proper weapon should in fury descend upon his head. If he escapes with his life, he should make no other
demonstration than thanking God for it. But when he goes further, when, as in this case, he asks redress from a jury; if there is a
juror in the box who has a wife, mother, daughter, sister, or female friend of any kind, that cannot see in the provocation a
justification of this act, and of the whole act, his name ought to "be stricken from the jury box forever. Go out, gentlemen, and return
with such a verdict as will not, when you go to your homes, bring upon you the condemnation of every virtuous woman."
This charge, although not entirely balanced by strict legal rules, rendered the judge very popular, especially with the ladies.
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