Chemung Sheriff

Sheriffs Office
History
Chemung County
Employment
Past Sheriffs

History of the Department

Chemung County was formed from lands taken from Tioga County on March 29, 1836. The first Sheriff of the area was not a Sheriff of Chemung County but of Tioga County. The principal offices of the County, the County House and the Sheriff’s Office and Jail were to be located at New Town (Elmira) in the Town of Chemung, County of Tioga. Tioga County was, at that time, comprised of all of what are now known as the counties of Chemung, Chenango, Broome, Tioga and portions of the counties of Schuyler, Tompkins, Cortland and Delaware.

James McMasters, the first Sheriff of the area (Tioga County), was appointed when Tioga County was first formed on February 16, 1791. Appointments of constitutional officers at that time were made by the State Legislature.

The first Sheriff of Chemung County, Albert A. Beckwith, did not become Sheriff of the County of Chemung at the time of the erection of the county. The legislative act which created Chemung County on March 29, 1836 provided that the Sheriff of Tioga County continue to perform duties pertaining to his office in both Tioga and Chemung Counties until the expiration of his term. That term expired on 12/31/1837. Beckwith then started his term on 01/01/1838.

From 1838 until 1938, the term of Sheriff was only two years. In 1939 that changed to a four year term. There have been a total of Forty-Three Sheriffs of Chemung County since its inception, to include current Sheriff Christopher J. Moss.

Our agency has seen many changes over the years, from traveling gallows (which is the device used to hang people), to a correctional facility that houses 264 inmates, to in-car cameras and laptop computers in our patrol vehicles. The gallows were built by then Sheriff Edmond Beers. The timbers for the machine were made by an Elmira planning mill and a new rope was prepared each time it was used. The first gallows was a traditional hanging device that had the trap door which dropped open causing the person to be suspended in mid-air. This was used for the first hanging at the Sheriff’s Office. The remaining two hangings that occurred in the rear of our office were done by a device that used a weight to counter the person in the noose. A rope was cut releasing the weight forcing the person off of the ground.

The first hanging at the Sheriff’s Office occurred on March 1, 1867. It was the first execution here for a capital offense since 1730 when an Indian chief had his head cut off and stuck on a pole as a result of a murder. Henry Gardner, a soldier of the 12th U.S. Infantry who was stationed at the old Pickways Barracks in Southport, used the butt of his gun to slay Amassa Hallock. The motive was robbery. Just before his death, Gardner was asked if he had any last comments. He spoke to the crowd of his misdeeds and told them that “liquor is the ruination of any man.” His hanging was described as bungled, horrible and revolting as he had to be dropped through the trap door three times. The Gardner case was unusual in another aspect as after his death the body was mummified and embalmed and turned over to Dr. P.H. Flood, a local physician, who kept it for many years in a glass case in his office. Eventually the body was moved to the cellar of the Flood residence and then to a barn. One night a group of boys found the body, dragged it away and placed it in a vault at a brewery at the foot of E. Water St. The group of boys then burned the corpse and when the charred remains were found there was considerable conjecture on the identity of the “murder victim.” However, it was finally established that the corpse was that of Gardner and the investigation ceased.

The second hanging was on July 20, 1877. Peter Penwell, age 66, of Erin was hanged for the murder of his wife. He had killed her with an axe. The gallows had been erected the day before in the jail yard, which was enclosed from outside view by a very high board fence. On hanging day “the crowd outside the jail was immense, covering completely the Courthouse grounds and reaching across Lake St. The crowd was kept from the execution ground by a detachment of the 110th Battalion. Penwell was attended by three ministers. About 250 witnesses were admitted to the enclosure. In his last words, Penwell thanked the Sheriff and his family, as well as his spiritual advisers for all they had done. He then turned to Sheriff Beers (our department’s 14th Sheriff) and said, “I am ready.” After the execution “relic hunters” tried to buy pieces of the scaffold rope from Sheriff Beers. No sale.

The last hanging that occurred behind the Sheriff’s Office was that of 20 year old Joseph Abbott on January 6, 1882. Abbott, a reformatory inmate, had killed a fellow prisoner, George Reed. Sheriff Little (the department’s 15th Sheriff) read the death warrant inside the jail because Abbott didn’t want to stand in the cold shivering, listening to anything. Forty spectators watched and three clergymen prayed as Abbott went to the scaffold protesting the terrible injustice.

As we have reflected on some of the history of the department, it is important that we remember those members of this agency who gave their lives in the line of duty.

On the morning of March 9, 1944, Deputy Gordon E. Brinthaupt, age 50, and Deputy Roy B. Hazen, age 53, had left Elmira and traveled to Buffalo, N.Y., where they took custody of one Thomas Dowd, age 24, of Elmira. Mr. Dowd was in custody by virtue of a Children’s Court Warrant issued by Chemung County Children’s Court charging non-support. While en route back to the Sheriff’s Office, the police cruiser, which Hazen was driving, skidded on an icy curve and hit a tree. The accident occurred near Cohocton in Steuben County. Gordon Brinthaupt died instantly, Hazen died a few hours later at Bath Hospital. Mr. Dowd was riding in the back seat and by ducking to the floor he was able to escape injury. He was able to force a door open and run to a nearby farmhouse owned by Arthur Muhenbackes and then to another farmhouse to summon aid. As a result of both deputies dying, it left the Sheriff’s Office with only three men on Sheriff Jenkins’ staff (the department’s 36th Sheriff).

The other member of the Chemung County Sheriff’s Office who was killed in the line of duty was Harry M. Swartz. Swartz, age 61, a turnkey in the jail, was beaten to death by Robert Buck during a jail break in 1939. A bar had been passed to Robert by his brother James, who had found it under the floor of his adjoining cell. Turnkey Swartz was preceding Robert Buck down the corridor towards an exercise room when he was bludgeoned. Robert, using the dying man’s keys, then freed his brother and the pair fled from the jail at 1:45 p.m. The brothers were captured at 3:20 p.m. by Captain James Hennessy along the Erie railroad tracks not far from the Seeley Creek Bridge on Lower Maple Ave. The brothers told Sheriff Harry Tift (the department’s 33rd and 35th Sheriff) that they had been informed by friends that bail of $3,000.00 had been refused to permit them liberty while their burglary charge was pending, so they were determined to make an escape. Both brothers were convicted of first degree murder and sentenced to prison for the rest of their lives.

Chemung County Sheriff’s Office 203 William St P.O. Box 588 Elmira, NY 14902

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About Us Sheriffs Office History Chemung County Employment Past Sheriffs	History of the Department Chemung County was formed from lands taken from Tioga County on March 29, 1836. The first Sheriff of the area was not a Sheriff of Chemung County but of Tioga County. The principal offices of the County, the County House and the Sheriff’s Office and Jail were to be located at New Town (Elmira) in the Town of Chemung, County of Tioga. Tioga County was, at that time, comprised of all of what are now known as the counties of Chemung, Chenango, Broome, Tioga and portions of the counties of Schuyler, Tompkins, Cortland and Delaware. James McMasters, the first Sheriff of the area (Tioga County), was appointed when Tioga County was first formed on February 16, 1791. Appointments of constitutional officers at that time were made by the State Legislature. The first Sheriff of Chemung County, Albert A. Beckwith, did not become Sheriff of the County of Chemung at the time of the erection of the county. The legislative act which created Chemung County on March 29, 1836 provided that the Sheriff of Tioga County continue to perform duties pertaining to his office in both Tioga and Chemung Counties until the expiration of his term. That term expired on 12/31/1837. Beckwith then started his term on 01/01/1838. From 1838 until 1938, the term of Sheriff was only two years. In 1939 that changed to a four year term. There have been a total of Forty-Three Sheriffs of Chemung County since its inception, to include current Sheriff Christopher J. Moss. Our agency has seen many changes over the years, from traveling gallows (which is the device used to hang people), to a correctional facility that houses 264 inmates, to in-car cameras and laptop computers in our patrol vehicles. The gallows were built by then Sheriff Edmond Beers. The timbers for the machine were made by an Elmira planning mill and a new rope was prepared each time it was used. The first gallows was a traditional hanging device that had the trap door which dropped open causing the person to be suspended in mid-air. This was used for the first hanging at the Sheriff’s Office. The remaining two hangings that occurred in the rear of our office were done by a device that used a weight to counter the person in the noose. A rope was cut releasing the weight forcing the person off of the ground. The first hanging at the Sheriff’s Office occurred on March 1, 1867. It was the first execution here for a capital offense since 1730 when an Indian chief had his head cut off and stuck on a pole as a result of a murder. Henry Gardner, a soldier of the 12th U.S. Infantry who was stationed at the old Pickways Barracks in Southport, used the butt of his gun to slay Amassa Hallock. The motive was robbery. Just before his death, Gardner was asked if he had any last comments. He spoke to the crowd of his misdeeds and told them that “liquor is the ruination of any man.” His hanging was described as bungled, horrible and revolting as he had to be dropped through the trap door three times. The Gardner case was unusual in another aspect as after his death the body was mummified and embalmed and turned over to Dr. P.H. Flood, a local physician, who kept it for many years in a glass case in his office. Eventually the body was moved to the cellar of the Flood residence and then to a barn. One night a group of boys found the body, dragged it away and placed it in a vault at a brewery at the foot of E. Water St. The group of boys then burned the corpse and when the charred remains were found there was considerable conjecture on the identity of the “murder victim.” However, it was finally established that the corpse was that of Gardner and the investigation ceased. The second hanging was on July 20, 1877. Peter Penwell, age 66, of Erin was hanged for the murder of his wife. He had killed her with an axe. The gallows had been erected the day before in the jail yard, which was enclosed from outside view by a very high board fence. On hanging day “the crowd outside the jail was immense, covering completely the Courthouse grounds and reaching across Lake St. The crowd was kept from the execution ground by a detachment of the 110th Battalion. Penwell was attended by three ministers. About 250 witnesses were admitted to the enclosure. In his last words, Penwell thanked the Sheriff and his family, as well as his spiritual advisers for all they had done. He then turned to Sheriff Beers (our department’s 14th Sheriff) and said, “I am ready.” After the execution “relic hunters” tried to buy pieces of the scaffold rope from Sheriff Beers. No sale. The last hanging that occurred behind the Sheriff’s Office was that of 20 year old Joseph Abbott on January 6, 1882. Abbott, a reformatory inmate, had killed a fellow prisoner, George Reed. Sheriff Little (the department’s 15th Sheriff) read the death warrant inside the jail because Abbott didn’t want to stand in the cold shivering, listening to anything. Forty spectators watched and three clergymen prayed as Abbott went to the scaffold protesting the terrible injustice. As we have reflected on some of the history of the department, it is important that we remember those members of this agency who gave their lives in the line of duty. On the morning of March 9, 1944, Deputy Gordon E. Brinthaupt, age 50, and Deputy Roy B. Hazen, age 53, had left Elmira and traveled to Buffalo, N.Y., where they took custody of one Thomas Dowd, age 24, of Elmira. Mr. Dowd was in custody by virtue of a Children’s Court Warrant issued by Chemung County Children’s Court charging non-support. While en route back to the Sheriff’s Office, the police cruiser, which Hazen was driving, skidded on an icy curve and hit a tree. The accident occurred near Cohocton in Steuben County. Gordon Brinthaupt died instantly, Hazen died a few hours later at Bath Hospital. Mr. Dowd was riding in the back seat and by ducking to the floor he was able to escape injury. He was able to force a door open and run to a nearby farmhouse owned by Arthur Muhenbackes and then to another farmhouse to summon aid. As a result of both deputies dying, it left the Sheriff’s Office with only three men on Sheriff Jenkins’ staff (the department’s 36th Sheriff). The other member of the Chemung County Sheriff’s Office who was killed in the line of duty was Harry M. Swartz. Swartz, age 61, a turnkey in the jail, was beaten to death by Robert Buck during a jail break in 1939. A bar had been passed to Robert by his brother James, who had found it under the floor of his adjoining cell. Turnkey Swartz was preceding Robert Buck down the corridor towards an exercise room when he was bludgeoned. Robert, using the dying man’s keys, then freed his brother and the pair fled from the jail at 1:45 p.m. The brothers were captured at 3:20 p.m. by Captain James Hennessy along the Erie railroad tracks not far from the Seeley Creek Bridge on Lower Maple Ave. The brothers told Sheriff Harry Tift (the department’s 33rd and 35th Sheriff) that they had been informed by friends that bail of $3,000.00 had been refused to permit them liberty while their burglary charge was pending, so they were determined to make an escape. Both brothers were convicted of first degree murder and sentenced to prison for the rest of their lives.
	Chemung County Sheriff’s Office 203 William St P.O. Box 588 Elmira, NY 14902