BIOGRAPHY: Levi H. Brown; Lorraine, Jefferson co., NY
surname: Brown, Burpee, Cole

submitted by Ray Brown (ray at rays-place.com) 
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Submitted Date: December 2, 2004
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Author: FROM OUR COUNTY AND ITS PEOPLE
A DESCRIPTIVE WORK ON JEFFERSON COUNTY
NEW YORK
EDITED BY: EDGAR C. EMERSON
THE BOSTON HISTORY COMPANY, PUBLISHERS 1898

LEVI H. BROWN, senior active member of the Jefferson county bar, and
unquestionably one of the most widely acquainted lawyers in northern  New
York, was born in Lorraine, March 27, 1818, and was the third of the children
of Aaron and Betsey (Burpee) Brown who grew to maturity. Aaron Brown was the
son of Ebenezer Brown, who came from Killingsly, Conn., during the early years
of the century and settled in Adams. From that town the family drifted with
the tide of emigration to Lorraine, where Aaron was a pioneer and also one of
the foremost men of the region, as may be seen by reference to the history of
that town.

The young life of Levi H. Brown was spent on his father's farm or in his mills
when not attending the district school. When he had attained his eighteenth
year, Levi was sent to the Florence (Oneida county) Academy, where he remained
about three months, and then attended one or two terms at the Union Academy at
Belleville. Later on he attended the Hamilton (Madison county) Academy,
followed by something like a year's course at the old Oxford (Chenango county)
Academy. In 1841 he entered the junior class at Union College, and was
graduated in 1843. In October of the same year he began reading law in the
office of Calvin Skinner, at Adams, but previous to that time, and while in
college, our young student had devoted his leisure to reading law under the
direction of Counselor Jones, a prominent lawyer of Schenectady. In 1845, at
Watertown, Mr. Brown was admitted to practice in the Common Pleas Court, the
examining committee of the occasion comprising Lawrence J. Goodale, Charles D.
Wright and John H. Dutton, all of whom were prominent members of the Jefferson
county bar. In July, 1846, Mr. Brown was admitted to practice in the Supreme
Court, and during the same month was also admitted by the old and honored
Chancellor Walworth to practice in the Court of Chancery. Incidentally, in
this connection it may be mentioned that in June, 1855, Mr. Brown was admitted
to practice in the United States Circuit Court; in May, 1865, was admitted to
practice in the United States District Court, and in March, 1879, became a
practitioner in the United States Supreme Court.

In 1846 Mr. Brown began law practice in Adams and was a resident in that
thrifty village until 1852, when he removed to Watertown and formed a law
partnership with Joshua Moore, jr., under the style of Moore & Brown, a
relation which was maintained to the time of Mr. Moore's death in April, 1854.
In May following the old and well known firm of Brown & Beach (Allen C. Beach)
was formed, and was thereafter known in legal circles in northern New York for
many years; and if all current report be true, the members comprising this
firm were not wholly unknown in political circles in this part of the State,
for in the councils of the Democratic party each of them was widely and
favorably known. Mr. Beach in fact retired from the firm in January, 1869,
although a formal dissolution of the partnership was not made until 1871. Mr.
Brown's next partner was Henry Gypson (a former student in the office) the
firm being Brown & Gypson. This partnership was continued until about 1878.

Since the firm of Brown & Gypson was dissolved Mr. Brown has practiced without
a partner, and despite his more than half a century of hard, active work in
the profession, he apparently still retains all the mental and physical vigor
of earlier years, when Moore & Brown and Brown & Beach were acknowledged to be
among the strongest law firms in this part of the State. Indeed, Levi H. Brown
has lived to see nearly all the members of the old bar one after another drop
out of the professional ranks, while he, almost alone, has practiced under
three State constitutions. This practice, too, has been general to the
profession, no special class of cases having the preference, yet the study and
interpretation of the law and the preparation of causes and their trial
appears to be his strongest forte. He is also a shrewd cross-examiner and
often displays remarkable genius in exposing the rascality of dishonest
witnesses. He always had an especial contempt for knavery and sham, and
utterly despises all that is mean and narrow and low. In the course of his
practice Mr. Brown has been associated with many of the most important cases
brought to trial before the courts of Jefferson and adjacent counties, and has
in the same manner been retained, as attorney of record or as counsel, in
several litigations of statewide interest and importance. We refer only to one
class of cases. Under Chapter 598 of Laws of 1869 authorizing "the Canal
appraiser to hear claims of owners of property on the Black River for damages
caused by the escape of the waters of North Lake Reservoir in April, eighteen
hundred and sixty-nine," two hundred and sixty odd claimants filed claims for
damages amounting in aggregate to more than $639,000. The claimants were
represented by more than thirty different attorneys and counsel, including
Francis Kernan, Charles H. Doolittle, Waterman & Hunt, James F. Starbuck,
Lansing & Sherman, Charles D. Adams and Nelson J. Brach. Mr. Brown, Charles
Rhodes, of Oswego, and Samuel Earl, of Herkimer, defended the State against
said claims, the former having main charge of preparing and conducting the
defense.

Taking of evidence commenced August 27, 1869, and continued at Utica, Lowville
and Albany, on numerous days each month to December 30, 1869, being taken and
written out by a stenographer. Prior to December 21 about 1,200 pages thereof
had been printed, and on December 21, 22, 23, 24, 28, 29 and 30 evidence
making near 400 printed pages was taken and had not been printed at close of
the evidence on the 30th, on which day oyer forty public documents were put in
evidence. Appraiser Watson was not present that day and most of the 29th at
the giving of the evidence, and had not been present at some of the previous
hearings. At close of the evidence on December 30 Appraisers Brockway and
Brooks were present and an application of counsel for the State for time to
January 10, 1870, to submit brief, on one class of the the claims and to
January 20 on the other class, was announced by Appraiser Brooks, who had
acted as president of the Board of Appraisers, as granted, Appraiser Brockway
suggesting no objection thereto and said Brooks left Albany for his home in
Elmira that day. At close of the evidence it was ordered that all the evidence
on each claim should, so far as applicable, be applied in every other claim.

On January 10, 1870, the counsel for the State appeared before the appraisers
and furnished them with their brief in the one class of the claims. Before
January 20th it was ascertained that prior to January 1, pretended awards upon
about two thirds of the claims filed had been made and signed by Appraisers
Watson and Brockway without consultation with or the knowledge or approval of
Appraiser Brooks, which awards aggregated the amount of $461,957.62. At
meeting of counsel for the State and some of those for claimants, including
Mr. Kernan, who had not been present at most of the hearings, it was agreed
that said awards were illegal and void, and that the claimants should
severally enter into a written stipulation consenting to an appeal therefrom
and a reversal thereof, and such stipulations having been executed by the
claimants and filed, a return was made by the canal appraisers to the Canal
Board, which at its meeting, held June 30, 1870, as appears at page 182 of the
record of its proceedings in that year, ordered reversal of said awards and a
rehearing of the cases, on the ground that it appeared from said return "That
no legal awards had been made on either of said cases or in respect to any or
either of said claims; that the canal appraisers never met and deliberated
upon the same, but that the acts and papers purporting to be awards were the
acts of two of the appraisers, made and done when the appraisers were not in
session, and had not been notified to meet as a board, and when all were not
present. This board does, therefore, adjudicate and decide that said cases
have not been legally decided, or the claims passed upon by the said
appraisers." The cases were reheard before new canal appraisers upon the same
and new evidence, and awards made on all the claims were for $327,536.60 only,
including interest on those allowed, showing the State relieved from payment
of nearly $400,000 of the amount claimed.

Mr. Brown devoted a large part of two and a half years' time to those cases
and received less pay therefor than, within the last few years, has been given
to lawyers employed by State and Legislature for one-eighth as much and as
valuable services.

Throughout the long period of his career Mr. Brown has always applied himself
diligently to the labors of the profession, and many years ago he gained, and
to the present time has maintained, an enviable position among its ablest
members. In the conduct of his legal business he is cautious and methodical,
but never laborious. He will discourage rather than promote litigation, and in
his intercourse with clients mature deliberation always precedes counsel. He
rarely in dulges in rhetoric and never in ostentatious display, but addresses
himself to the understanding of his hearers and approaches the subject in hand
with dignity, self possession, and in the light of principle and common sense.

In character Mr. Brown is a man without reproach, and neither in professional
nor private life has there been any imputation of wrong to mar his fair name;
a good classical scholar, a profound lawyer, a blameless citizen, an upright
public servant, a faithful friend, and a trusted counselor; these attributes
are his by the frank expression of his fellow men and associates at the bar.
In politics he has always been a firm and unyielding Democrat, standing high
in the councils of the party in the county and State. During the greater part
of his life, the principles he has advocated have not been in accordance with
the majority party in the county, yet he has occasionally been pressed into
political contests where it was hoped professional and personal influence
might turn the scale of doubtful contest. In 1844 he attended the Democratic
State Convention that nominated Silas Wright for the governorship, and from
that time he has been an active figure in State politics. He was the candidate
of his party for the district attorneyship in 1853; for State senator about
1868, and later on for Congress in a district which was strongly and
hopelessly Republican. He was elected mayor of Watertown in 1876, and
otherwise has taken an earnest interest in the welfare of the city.

In addition to his legal business, which has always been large, Mr. Brown has
been interested in several manufacturing and industrial enterprises in the
city and elsewhere. He has been a director of the Jefferson County Bank more
than thirty years, and president of the Watertown Spring Wagon Company since
1876. He has equally extensive interests in other localities, and his
investments as a whole have been profitable and brought to him a fair share of
this world's goods. His social and domestic life have also been pleasant, and
nothing is more agreeable after the day's work is finished, than the
companionship of friends at home or the exchange of pleasantries at the club.
Mr. Brown was a bachelor until somewhat late in life. His wife, with whom he
married November 27, 1861, was Delia M. Cole, of Palmyra, Wayne county. Mr.
Brown was reared under Baptist influences, but since it was founded in the
city, he has been one of the vestrymen of St. Paul's (formerly Grace)
Episcopal church.