The formation of a new county, to be known as Genesee, dates from March 3, 1802, the Genesee river became the boundary line between the new county and Ontario, and so remained till the later erection of Monroe County from these two. The organization of these counties was the occasion of much discussion, and at times rose to the rank of a party question in the original county; the advantage of a county seat and the cost of public buildings being the ground of dissension. Joseph Ellicott was a prominent settler upon the Holland purchase, and, to further advance the interests of that section, passed the first months of 1802 at Albany in urging upon the legislature the necessity of forming a new county. He was opposed by James Wadsworth, who wished to erect a county to include all territory west of a north and south line passing midway between the Genesee and Canandaigua at the main road, with Hartford (Avon) as the county seat. The bill to organize Genesee County was brought up and decided during the temporary absence of Wadsworth.
Court was held in the courthouse at Batavia during June 1803. Ezra Platt, John H. H Jones, and Benjamin Ellicott were judges, and Nathan Perry was assistant justice. Five lawyers were admitted to practice; George Hosmer, John Greig, and Richard Smith having been attorneys in Ontario, and Timothy Burt and G. Ogden being attorneys of the Supreme Court. At this court was organized the pioneer grand jury west of the Genesee river; from this circumstance their names are given as follows; Alexander Rea, Asa Ransom, Peter Vandeventer, Daniel Henry, Samuel F. Geer, Lovell Churchill, Jabez Warren, Zera Phelps, Jotham Bemus, Seymour Kellogg, John A. Thompson, John Ganson, Jr., Isaac Smith, Elisha Farwelll, Peter Shaeffer, Hugh McDermott, John McNaughton, and Luther Coe. No indictments were presented. The first issue in the court of record was joined in a session on November 1803. At this term jail limits for bailed debtors were prescribed, and comprised about three acres of ground in the vicinity of jail in Batavia. A court of oyer and terminer was held by Ambrose Spencer in June 1804. An indictment was found for manslaughter against Joseph Rhineberger, who was defended by Judge Howell. Found guilty. Ten years in the State's prison at New York were given him. In November 1805, Benjamin Bary, Jr., was licensed to keep a ferry between the towns of Northumberland and Northfield. The former originally included all land west of the river in the state. The first trial for murder was in June 1807. The presiding judge was Daniel D. Tompkins. Judge Howell defended the prisoner, who was found guilty and sentenced to be hung.
The circumstances of the crime and capture are these: Three squatters disputed concerning the ownership of a tree. McLean, the murderer, with an axe killed one of his companions, and when McLaughlin interfered also struck him down. Passing the night in a hollow log near his house, MCLean with morning fled to the woods. The news circulated swiftly through all the settlements west of the river; the militia were called out, and in small parties scouted the woods in every direction. A few days had passed when McLean was identified at a tavern east of Canandaigua and captured. The execution in August was attended by almost the entire population of men, women, and children, - a marked contrast with present custom.
Transcribed from History of Monroe County-Chapter VI