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UNIVERSITY
OF CALIFORNIA
LOS ANGELFS
SCHOOL OF LAW
LIBRARY
Keep this book clean.
Do not turn down the leaves.
Do not write in it.
Do not lend to others.
If injured a fine will be required.
^
L
TAPPING REEVE.
OJimnttj, (Enuuecticut
irn9-19fl9
BIOGRAPHICAL SKETCHES OF MEMBERS
HISTORY AND CATALOGUE OF THE
LITCHFIELD LAW SCHOOL
HISTORICAL NOTES
BY
DWIGHT C. KILBOURN
Clerk of Superior Court, Member of the Connecticut Historical
Society, Member of the Kansas Historical Society, Vice-
President of the Litchfield Historical Society.
s^^sSSSi
PUBLISHED
V.y THK AUTHOR
l.lTUHI-lKr.Il, CONN.
1909
-r
'^^o
COPYRIGHT
BY DWIGHT C. KILBOURN
1909
3 3 4-
Edition Limited to 500
THE MATTATUCK PRESS
WATERBUdY. CONNECTiCUT
of tlic
iitchficUI ©oxtitty ^av
^t'f»?cttonatcl0
Iiciticatcit
CONTENTS
List ni' I i.i.rs'i'K ai'iuxs xi.
Stati{.\i i:n'i' <m- rill', Casi'. xiii
liDci'. (.'iiiucn's Ci'.N'ri'.xNiAr. Addki'.ss I.
F"ir.st sctlk'nu'iu uf llie (owns. Cnunly organization. Counly Officer.s.
Cliaracter of the )k'o])1c. Imn \\'oii-:s. Religious matters. Colonial
and Revolutionary Wars. Newspapers. Merchants. .Slitting Mills.
Nail rods. Scythes. Iron Mines. Paper Mills. Woolen Mills. Emi-
gration to Vermont and the Western Reserve. Education. Morris'
Academy. Miss Pierce'.s School. The Law School. First Law Re-
ports. Lawyers. Doctors. Authors. Foreign Missionary Society.
Missiou School at Cornwall. Tenipcrancc MovenuMit. Infidelity. The
future.
r>().M<i).M.\\'s Haki,\ Li(".irrs 39
Partridge Thatcher. Daniel Everett. Tappin.y: Reeve. John Allen.
Barzillai Slosson. Samuel W. Southmayd. John Cotton Smith.
Nathaniel Smith. Noah B. Benedict. James Gould. Asa Bacon.
Elisha Sterling. Jahez W. Huntington. Phineas Miner. Leman
Church.
Skdc.wjck's Fifty Yk.\ks .\t tih: I'.au 68
Correspondence. Organization of the Courts. Chief Justice Ilosmer.
Judge Peters. Judge Chapman. Judge Brai'nard. Judge Bristol.
Judge Daggett. The\Sui)erior Court. The County Court. Judge Petti-
hone. Judge Strong. Judge Welch. Judges Burrall, Woodruff and
Boardman. Clerk Frederick Wolcmt. Sheriff Seymour. Messenger
John Stone. Business of the County Court. Admission to the Bar.
Practice. Authorities in 1808. Judge Gould. Noah B. Benedict. Asa
Bacon. General Sterling. Judge Boardman. Phineas Miner. William
G Williams. John Strong. Jr.' William M. Burrall. Col. William
Cogswell. Seth P. Beers. Perrv Smith. Roger Mills. :Michael F.
Mills. Charles B. Phelps. Matthew Minor. Holhrook Curtis. Isaac
Leavenworth. Roval R. Hinman. Josej^h TI. Bellamy. Theodore
North. Leman Church. William S. Holaliird. George S. Boardman.
Reflections.
JuncK \\'.\kn'i;r's Riim 1 \ isri;xn:s loo
Experiences in the Gineral .\>sem])ly. History of the Act allowing
prisoners to testifv. Storv about Uwight Morris. Adoniiah Strong.
Col Joshua Porter. John G. Mitchell. Philander Wheeler. Aunt
Poliv. John H. Huhhard. Roger Averill. Norton J. Buell. John
Elmore. Leman Church. Miles Tohv Granger. Col. Jacob B. Har-
denhurg. George W Peet. Michael F. Mills. William K. Peck. Jr.
William S. Holahird. Gideon Hall. Roland Hitchcock. Roger H.
i\Iills. Tared B. Foster. Nelson Brewster. George Wlieaton. Julius
B. HanVson. Solon B. Johnson. Frederick Chittenden. John G. Reed.
X. CON'TKN'l'S
J I isidKK' A!, X()'n:s ii8
Tlu' first Cmin Krcnnl. l'".;u"ly Altnnu'ys, I'ri'sciit Attnnicys. Gov-
crm)rs. Judges. Slate Atltirii(.'ys. Clerks. Shcrit'ts. Cmiri 1 louses.
Jury nialtor.s. \\'itiHsse>. Steiiograplicrs. Student'-. I.iliraries.
W'li'ite Fund. County Centennial. Judtje Dati'tieit's Letter. .\ncient
Ccnirt Expenses. County Cotnl.
X()'n;i) Tki.m.s i44
The Sellick-Oshorne case. Blasi)heniy. Wrong Verdiet Stands. .\.
Funeral Order. Rabello. Robert Drakely. Bernice White. William
H. Green. James LeRoy. Burglars on a hand car. l.iijuor Prosecu-
tions. Master.s vs. Warren Rohhins vs. Coffin. Higgins' ( Hudlcy )
escape. Michael Bion. P>orgesson. Tax case. Mannering. Norman
Brook>' Will case. John T. Hayes. Haddock vs. Haddock.
CuiNiA (.'()U()Xi;u. 111',. \i. Til ( )i"i-ki;r. Attorn i:v (h;ni;u.\i 1^)5
First 1,.\\\" 1\i:i'<)RTS 168
The ])reface. Fac-siniilie. F])hraiiii Kirhy. lii- hnv liooks.
T]iK Cofxiv J.\ir 176
I'm; Ijrciii'iia.i) L.wv Sctiooi 178
Chas. C. Moore"s article from the Law Notes. Charles (). Loring's ad-
dress. A Students letter. Augustus Hand's letter. The Buildings.
The Catalogue.
I)1(K',R.\1'1I K'.\l, X()Ti;S . \l, I'll. Mll'TlCAl, I.N' .\kR.\ XC.l'.l ) 215
LiGANS 307
Ex-Governor and l{x-Chief Justice Andrews address. A demurrer de
Kickapoo Indians. Sound Advice of .Albert Wadhams. The Annual
Banquets. President Huntington's address. Rev. A. N. Lewis' letter.
Hurlbutisms. Felicities. Poetry. Jokes. Judge'.s Evidence. Old
Grimes. Complimentary dinner to Judge O. S. Seymour at Bridgeport.
Watertown trial. New Milford Power Company. Sermon at the Ex-
ecution of John Jacobs. 1768. Truman Smith. Jury Commissioners.
County Commissioners. Court Messengers. The Judgnuiu File.
T N ) )i;x (II- .\' .\ .M i;s
LIST OF ILLUSTRATIONS
A 4
Old Litchfield
Teannti- cIdwii King Cifortri.' Statm
Old Wrii
CiiuiUy Centennial 1851
Superior Court in Session
Court Houses
Judge Preston's Tombstone
First Law l\ei)ort, fac-siniile
County Jail
Law vScliiidl Bu.ldings
Reeve's Building
Gould's Buildmg
May it please the Court
Kickapoo Indians
Banc I net
Old (irinie?
Judges I'.vidence. fac-siniilie
Title page of Old Serm.m
PORTRAITS
Allen, Henry J.
Andrews, Charles B. 3'0.
Bacon, Asa (Group)
Francis
l<'paphroditus C.
Baldwin, Birdseyc
George H.
Barnes, Andrew G.
Beers. Seth P.
Beeman. Frederick D.
Ballamy, Josepii H.
Benedict, Xoah B.
Botsford. Henry A.
Brinsmade. Daniel N.
Buel, Chauncey J.
Canfield. Judson
Col. Samuel
Case. LIuhert B.
Catlin. Abijah
George
I I Cliurch, Samuel I
17 Cue. William G. 78
4S Cogswell, Leonard W. 132
.U Ciiihren. William 150
!_'_> Dowd, Wheaton l-". 144
ijS Kllswonh. William W. 242
14.^ I'.thendge. Frank W. 166
if>S I''enn, Augustu- A. 154
\j(> lM)>ter, Jared B. 1 16
t8o Gould. James 184
Kjj Granger, Miles T. 1 56
](J4 Graves, Henry B. 152
308 Guernsey. Howard M. 344
314 Hall. Gideon 113
316 I larri>on. George C. 342
320 Herman. Samuel A. 250
3_'S Hickox. George A. 250
340 Higgins, Richard T. 165
Hitchcock. Roland 114
ll,)]conil., Marcu-^ H. 167
10; llolli>ter, Gideon 11. 253
J20 Home. Samuel B. 254
63 Hubl/ard. John H. 106
63 Huntington. Jame< 256
63 Hurlhut. Wdliam F. 142
11.=; Karl, John J. 344
_>23 Kilhourn. Dwiglit C. II9
34-' I\irl)_\, Li)hraim I/O
93 ^k■^iahon. James H. 136
138 Middlehrook.s. Chesterfield C. 266
78 MilL. Michael F. 7^
58 Mosher. Lewis W. ^^0
229 Nellis, Edward .\. 162
231 Nickerson. Leonard J. 163
336 Xettleton. Charles 269
232 Pierpont. John 272. 345
18 Pettihonc. Augustus 78
344 Piiclps. Charles B. 94
236 Porter. Charles J. 160
234 Piatt. Orville H. 276
Xll II.I.IS'I'UATIONS
IvaiiM'iu. William I.. 124 Tultk'. IJyiMU 342
Kccvc. Tapping — Fromispicco WariKT, Arthur 1). 167
Rnraliack. Alberto T. 1 ;vi Dmiald j, lOO
Kyan. Thomas F. 277 Dniialil T. 126
Sanford. David C. 278 Welch, ('.idi-.m 11. 141
Henry S. 2S0 We^sills. Cnl, I.. W. 301
Sed.nwick. Charles F. Jl Whealon. ('.L-ny^v 1 15
.Mhert 281 Williams. Frederic M. 300
Seymour. I'.dward W. i.^n lluhert 298
(h-igeii S. 210 Wolcott. b'rederiek 81
Ox.ias 287 Gen. Oliver 173
Origen S.. 2nd 287 Gov. Oliver 302
Morris W. 2Hj Woodruff, George C. 195
Moses. Jr. 285 George M. 200
Sherman. Roger 172 Lewis B. 206
Small. John Cotton 28. 290 Morris. (Group) 306
Trnman 96 James P. 306
Wellington B. 138 County Coroners 344
Willey T. .^,?f) Messengers 344
Turkington. Frank H. 299 Jury Commissioners 343
STATEMENT OF THE CASE
The practice of the law in the J'",n.nlish speaKini^- culonies of the
new world previous to the i )inanizati( m of Litchheld County is an
interestiii!^' stuiK of N'aridUN iDulhods of pi-ncedure all founded upon
die i)raetice of the mother country. Some were co])ied from the
common law courts, and some from the other courts and in hanliy
au\ two eoU)uies was there similarit}' of practice, while the old com-
mon law of Kui^iand was a general guide to the interpretation (jf the
statute law, with such modifications in the I'uritan colonies as the
mosaic law suggested to the religious teachers and pastors thereof.
Ahout the time our coimt\' was organized, these dilYerent modes
of practice hegau to he crystallized into a more estahlished form.
There were i)ractically no attorneys, as we now understand the
term, "men learned in the law." In many sections there .was some
intluential man who was generally known as "the Squire," and
whose oi)inions ruled the circle of his ac(|uainlance. In this county
there were onl\- five or six men who pretended to he lawyers.
Directlv after the formation of the county and the establishment
of the countv court, these men were admitted to i)ractice as at-
tornevs with slight examinations, and with little knowledge of the
law, hut they were strong-minded and of sterling character, oracles
in their own communities, and the_\ very soon brought the flecisions
of the countv court of this count) to the front rank of judicature.
It was in this ojjportune periocl that Tapping Reeve located at
Litehtield and unintentionally began that process which eventually
overthrew the common law of h.ngland, for a common law of our
ow-n, and changed the old forms, rules and precedents which had so
long prevailed. The close of the Revolutionary War utterly de-
stroved the doctrine that "the king could do no wrong" and swept
awa\ his prer( gativt,s and common laws; and while we now quote
the good contained in the "wisdom of ages." we decide (luestions
by Reeves, Swift and (lould. and modern "wise instances."
Ten \ears ago the com])iler of this l)ook conceived the idea of
collecting and i)reserving in a i>ermanent form a mass of material
which w-as then available relating to the legal history and tradition
of his native county, and in the midst of his active duties as the
Clerk of its courts, has gathered these items and now jiresents them
for \(mr consideration, believing his work to be a somewhat valuable
ctJiitrihution to our earlier liistor\'.
xi\' s'l'ATi'.Mi'NT di' nil-; c' \si-;
The reprint of C'liicf Jiislico SanuK'I C'liurcirs Address at the
Ccnlcnnial (.V'lchralii mi nl" tlu' ( irL^anizalicMi of liir oi>imt\. in 1S31,
_i;ivt.'S a vcr\- concise and ihoroui^h analysis ol llic clcnicnls wliich
have conchiccd to i;'i\'c our counl\ L;rcat inllucncc in the rehi^ions,
social, political and le^^al affairs in hoth the state ami nation. The
address. ho\\e\er. was made loo early to include 1 leni-_\ Ward
lieecher and llarriel lleecher v'^towe anionj^- the writers and speak-
ers who ha\'e done so much to niditt the world's ideas, and wonder-
lull\- adxance its i)ro^ress towards its present power and L;i"eatness.
Tlic re])rint '^i lion. I)a\-id S. Iloardman's "h'.arly l,i^ln> of the
Litclifield Counl\ liar," heini;' the reminiscences ol a man nmety
\"ears of ai^'C. of his collea.^ues and associates in the earlier years
of tnir countx's historw will I am sure he of ^'reat interest to e\'ery
one. and it is worthy of jjermanent preserxation. 'Idle ori.^inal
])amphlet containing- them has lini:.;- heen out of i)rint, and is very
rare. I reyrct very much m_\' inahility to procure his portrait for
insertion in this work.
In the re-pnl)Hcation oit Sedi^'wick's address, "Fifty ^'ears of
the Litchfield County IJar." I am enabled to brini;" the hio^raphies
of most of the ])rominent old law\ers down to modern times, pre-
])ared by an associate and brother in the lethal arena, while Jud^'c
Warner's "Reminiscences" completes the chain of those living- and
practicing- at the l'>ar durini^- his life. Charles 1!. i'helps ])uhlished
obituaries of a number of his attorney friends in some of the
earlier volumes of Connecticut Reports. Ijut as these are easily ac-
cessible 1 have referred to them without republishing;-.
In the ilioL^raphical Xotes I have endeavored to include the name
of e\ery member admitted to our liar, or coming- from elsewhere
to ])ractice, excludinj;- however, those who ha\e been debarred for
cause. These notes are not intended to be i^enealot^ies or euloq-ies,
but only the les^al life briefly told, and they have nearly all l)een
prepared by myselt. I deepl\- rcL^ret that there are so man\ whom
1 have been imable to trace beyond the mere fact of their admission.
The section on the haw School contains the list of its students
al])habetically arrani^ed, with some other interestiuL;- matter relatini^"
thereto. So many references are made t]n-ou!.;-hout the \olume to
Jud.Gl'CS Reeve. Conld. Jluntin^ton, llacon and others pronnnently
connected with its instruction and management, that I did not think
it wise to de\-ote more space to the further history of the Law
ScIk.oI.
The Historical .\otes include onl\ a few of ihe man\- trials and
incidents which could be ,i;ather(.'d fi-om the C'ourt Ki'cords. but in
\'ery many cases the acconni of trials. especialK' those of a criminal
nature, mi.^ht .u'i\'e ])ain I0 some friend or relali\e of [\\v accused,
whii-h I ha\'e tried to a\oid doinij-.
ST.\Ti;.\i i;N'r ki' tin-; tAsi". xv
l'rnl)al)l\ iM CdUiily in lln- slatr I'unii-liid tin- Suprcim- C'oiirt
in ils earlier ila\s, more knuHy |)r<>l)K•nl^ lo solve ami adjufjicatc,
than Lilchhcld L'ounty, ami a full history of its "lA-adin^ fascs"
would make an inlorcstini;' \olunic of itself.
J ha\e ohiaineil all ihe suhjeets for illustration which I couM
and the pictures haw heen made troni originals, many (jf tlieni from
old and fadt'd jiainlin^s, a> 1 desired to ])lace in cverlastin,!^ re-
membrance the faces of those ,l;oiu' l)t'f(ii-e. In two or three in-
stances I ha\-e duplicated, taking' another and dilTerent ])orlrait for
the second picture, after the first one was already in ])rint. If any-
one thinks it is easy to collect a hundred i)ictures of as many i)er-
sons who ha\'e loui^- since deceased, a trial will dispel the illusion.
It is unavoidable that many errors will occur in such a work as
this. Great care has been p;iven to make it as nearly accurate as
])()ssible. and the compiler will be \-er\ ^lad to ha\e his attention
called to an\- such error, so that in due time i)ro])er corrections can.
be made.
To the very many friends who have aided me in this work. I
wish to return my heart-felt thanks for their assistance. I have
refrained from makin;;- any acknowledgment of quotations or ex-
tracts because I have thought that the matter itself would indicate
the sonrce from which it was taken. In conclusion I wish to say
that I hope the perusal of this book will afford the reader as nnich
]ileasure as it has the compiler to prepare it.
Litchfield, May i. lyoy.
D. C. K.
1B51
LITCHFIELD COUNTY
HISTORICAL ADDRESS
DELIVERED AT LITCHFIELD, CONN.
ON THE OCCASION OF THE
CENTENNIAL CELEBRATION, 1851
BY
SAMUEL CHURCH, LL. D.
CHIEF JUSTICE OF THE STATE
J^'.ri.^lll/Bi^tU >.»/',, ..4. _■/■>■?..♦ Iwii. V.jj
1 Jon. Sam ii;i. Ciirurii. I'. |
Judfj^e Church's Address
Fki.i.oav CiTizKKS : —
I have no leisure now to offer aj^f^logies for my unadvised con-
sent to appear before you, in this position, on the present occasion.
Declining years, and tlie constant jiressure of oilier duties, should
have excused me.
Mv residence of sixty-six years from my nativity in this County,
and an acquaintance of half a century, of some intimacy, with the
events wdiich have transpired, and with the men who have acted in
them here, and having- been jilaced within traditional reach of our
early historv. I sup])ose. has induced the call upon me to address
you. In doing this. I shall make no drafts U])ou the imagination.
but speak to you in the sim])le idiom of truthful narrative.
.Among the most ancient and pleasant of New England usages,
has been the annual gathering of children and brethren around the
parental board on Thanksgi\'ing day. The scene we now witness
reminds me of it. Litchfield County. — our venerable parent, now
waning into the age of an hundred years, has called us here, to
exchange our mutual greetings, to see that she still lives and thrives,
and hopes to live another century.
A little display of vanity on the part of such a jjarent. thus
surrounded by her children, may be expected ; but speaking by me,
her representative, it shall not be excessive. She must say some-
thing of herself — of her birth and parantage — of her early life
and progress, and of the scenes through which she has j^assed.
She may be indulged a little in speaking of the children she has
borne or reared, and how they have got along in the world. To tell
of such as she has lost, and < )ver whose loss she has mourned ; and
in the indulgence of an honest parent's pride, she may boast some-
what of many who survive, and who have all through this wide
country made her name and her family respected.
We meet not alone in this relation, but we come together as
brethren, and many of us after long years of separation and absence,
to revive the memories and associations of former years.
Some of you come to visit the graves of parents and friends —
to look again into the mansions where the cradle of your infancy
was rocked, or upon the old foundations where they stood — to look
4 i.n\iii"ii:i.i) (.'(UN IN' r.i:\cii and i;.\r
again upon the favorite tree, now full i^rown, whieh your young
arms claspetl so often in the climbing, or u])on the great rock upon
and around which many a young gambol was performed. You
come to enter again. perha])s, the consecrated temples at whose
altars the good man stood who sprinkled you with the waters of
baptism, and from whose lips you learned the lessons which have
guided your footsteps in all your after life.
These are but some of the pages in the history of early life,
which it is pleasant after the lapse of years to re-i^erusc. And now,
if the spirits of these dead can pierce the cloud which hides our
view of heaven, they look down with a smile of love upon your
errand here ; and wlien you shall leave us on the morrow, many
of vou will feel in truth, as did the patriot Greek, "moriens rem-
iniscitur Argos."
A stranger w^ho looks u]:)on the map of Connecticut, sees at its
north-west corner a darkly shaded section, extending over almost
the entire limits of the County, indicating as he believes, a region
of mountains and rocks — of bleak and frozen barrens. He turns
his eye from it. satisfied that this is one of the waste places of the
State — afifording nothing pleasant for the residence of men. He
examines much more complacently the map of the coast and the
navagable streams. But let the stranger leave the map. and come
and see ! He will find the mountains which he anticipated — but
he will find streams also. He will find the forests too, or the ver-
dant hill-sides where they have been ; and he will see the cattle
on a thousand hills, and hear the bleating flocks in many a dale and
glen, and he will breath an atmosphere of health and bouyancy.
which the dw'ellers in the city and on the plain know little of.
Let him come, and we will show him that men live here, and
women too. over whom it would be ridiculous for the city popula-
tion to boast : a yoemanry well fitted to sustain the institutions of
a free country. We will show him living, moving men ; but more
than this, we will point out to him where, among these hills, w^ere
born or reared, or now repose in the grave, many of the men of
whom he has read and heard, wdiose names have gone gloriously
into their country's history, or wdio are now almost every where
giving an honorable name to the County of Litchfield, and doing
service to our State or nation.
The extensive and fertile ])lains of the Western country may
yield richer harvests than we can rea]) : the sla\e population of
the South may relieve the planter from the toil ex]HM-ienced by a
Northern farmer; and the golden regions of California may sooner
fill the pockets with the precious metals ; — and all this may stand
in strong contrast with what has been often called the rough and
barren region of Litchfield hills. Rut the distinguishing traits of a
New h'ngland comitr\ , which we lo\-e so well, are not there to give
sublimitv tf) the landscape, fragrance and health to the mountain
atmosphere, and energy and enterjirise to mind and character.
CIIIKCIIS niN'ri'.N MAI. ADDUI'.SS 5
Not many \cars a_c^f). I \v;»s (U'sccndinL; tlic last liill in Xorlolk
in a stage-coach, in company with a lady of the West, whose for-
mer residence had been in thai town. As we came down upon
the valley of the Ilousatonic, with a full heart and suffused eyes,
she exclaimed, "Oh, how I love these hills and streams! I low
much more pleasant they are to me than the dull jirairies and the
sluggish and turl)id waters of the Western country." It was an
eulogv, which if not often ex])res?e(l, the truth oi it has l)een a
thousand times felt before.
Our Indian i)Vcdccessors found l)Ut few spots among the hills
of this Country, which invited their fixed residence. Here was
no place for the culture of maiz.e and beans, the chief articles of
the Indian's vegetable food. Their settlements were chiefly con-
fined to the valley of the Housatonic, with small scattered clans
at Woodbury and Sharon. The v^caticoke tribe, at Kent, was
the last which remained among us. It was taken under the pro-
tection of the Colony and State : its lands secured for its sup-
port. These Indians have wasted down to a few individuals, who,
I believe, still remain near their fathers' sepulchcrs, and remind
us that a native tribe once existed there.
\\'e now see but little to prove that the orif^iiial .American race
ever inhabited here. It left no monuments but a few arrow-heads,
which are even now occasionally discovered near its former homes
and upon its former hunting grounds, — and a sculptured female
figure made of stone, not many years ago was found in this town,
and is now deposited at Yale College.
There are other monuments, to be sure, of a later race of In-
dians : but thev are of the white man's workmanship, — the quit-
claim deeds of ' the Indians' title to their lands! These are found
in several of the Towns in the County, and upon the public re-
cords, signed with marks uncouth, and names unspeakable, and
executed with all the solemn mockery of legal forms. — These are
still referred to, as evidence of fair purchase! Our laws have
sedulouslv protected the minor and the married woman from the
consequences of their best considered acts ; but a deed from an
Indian, who knew neither the value of the land he was required
to relinquish, nor the amount of the consideration he was to re-
ceive for it, nor the import or effect of the paper upon which he
scribbled his mark, has been called a fair purchase !
The hill-lands of this County were only traversed by the In-
dians as the common hunting grounds of the tribes which inhab-
ited the vallevs of the Tunxis and Connecticut rivers on the east-
ern, and the vallev of the Housatonic on the western side.
The first settlers of this County did not meet the Indian here
in his unspoiled native character. The race was dispirited and
submissive — probablv made up of fugitives from the aggressions
of the earlv English emigrants on the coast,— the successors of
more spirited tribes, whicii, to avoid contact with the whites, had
6 i.ri\iii'ii;i.i) COUNTY hkncii and \\.\r
inij^ratrd onward toward tlu" sctliii.u' sun. 'IMicsc Indians were
like the iv\ of ihc forest, whicli disi)la\s all its beanties in the
shade, hut droops and refuses to tloiuMsh in the open sunshine.
Trevious to the aeeession of James II. to the throne of Eng-
land, and before cnir ehartered rij^hts were threatened by the ar-
rival of Sir Ednunid .\ndros, the territory now eomjirising- the
County of I.itehfield was \-er\ littU' known to the Colonial Gov-
ernment at Hartford. The town of Woodbury, then larj;e in ex-
tent, had been oeeupied some years earlier than this, by Rev.
Mr. Walker's eongTegation. from Stratford. The other parts of
the Countv were noticed only as a wilderness, and denominated
the JJ'cstcni Lands. Still it was sui)posed. that at .some time they
might be, to some extent, inhabited and worth something. At
any rate, they were believed to be worth the ])ains of keeping out
of the way of the new government of Sir Edmund, which was
then apprehended to be near. To avoid his authority over these
lands, and to preserve them ft)r a futm"e and better time of dispo-
sal, they were granted, by the Assembly of the Colony, to the
towns of Hartford and Windsor, in i68r>, — at least, so much of
them as lav east of the Housatonic river. T do not sto]) to exam-
ine the moral ([uality of this grant, which ma\- l)e reasonably
doubted: and it was soon after followed 1)\ the usual conse(|nences
of grants, denominated b\' lawyers, consfnicti'c'cly fraudtilcnt — dis-
pute and contention,
l^pon the accession of William and Mar\, in KiSS. and after
the Colon\- Charter had fomid its wa\ ])ack from the hollow oak
to the Secretar\-'s office, the I'olonial Assembl\ attenu)te(l to re-
sume this grant, and to reclaim the title of these lands for the
Colonw This was resisted by the towns of llartford and Wind-
sor, which relied ujjon the inviolability of i>lighted faith and pub-
lic grants. The towns not only denied the right, but actually
resisted the jxiwer of the Assemblw in the resumiUion of their
solenni i.\t'i:(\. This i)roduced riots and attempts to break the
jail in Hartford, in which se\eral of the resisting inhabitants (tf
Hartford and Windsor were contined.
Tt would be found diiTicult for the lurists t>\ the present day,
educated in the ])rinciples of Constitutional I. aw. to justify the
Assembh' in the recision of its own grant, and it can not but ex-
cite a little surprise, that the ])oliticians of that da\ , \\h(t had not
vet ceasecl to complain of the mother countiw tor its attem|)ts. bv
writs of (|uo warranto, to seize oiu' charter, should so soon be en-
gaged, and without the forms of law, too, in attempts of a kindred
character against their own grantees. .\o wonder that resistance
followed, and it was more than half successful, as it resulte<l in
a comi)romise, which confirmed to the claimants under the towns
the lands in the town of Litchfield and a ])art of the town of Xew
Milford. The other ])ortions of the territory were intended to
be ecinalK di\iiled between the Colon\- and the claiminij' towns.
t III lull's CKNTKNMAl, ADDUIvSS 7
'JMius 'Pdrrin-li'ii, HarklianisU'-l. C'oU-hroMU, and a pari ni I lar-
winlou, wiTr aiiiMdi)rialc(l in Windsor; llarllaiul, Winchc^-ter,
New liarllnrd. and llir hIIkt i>art of I larwinlon. were reliii<|uish-
cd to llarlfdrd: and llir rtinainini; lands in dispulc, now consli-
tutini;- the towns ol" Xorfolk. Cnslun. Canaan, Kent, Sharon an<l
Salisi)nrv, were retained 1)\ llic Colony. These claims havinj^'
at Icn.^tli been a<ljustcd. the western lands be.^an to be e\i)lored,
and their facilities for cultivation to be known.
Woodburv. as I have before sug-g-ested. l)y several years ()ur el-
der sister in this new family of towns, began its settlement in 1(^74.
The Church at Stratford had been in contention, and tlu' Rev. Mr.
Walker, with a iiortion of that Church and jjeople. removed to the
fertile region of ronii)erauge, soon distinguished by the name of
Woodbury, and then including, beside the present town, also the
region composing the towns of Southbury. F.ethlcm and Roxburx .
Pomi)erauge is said to have felt some of the effects of l'hili])'s
^var — enough,' at least, to add another to the many thrilling scenes
of Indian depredation, so well drawn by the author of Mount Hoi)e.
Xew Milford next followed in the course of settlement. Thif«
commenced in 1707. Its increase of population was slow until
17 If), when Rev. Daniel Boardman, from Wethersfield, was or-
dained as the first minister. This gentleman was the ancestor of
the several distinguished families and individuals of the same
name, who have since been and now are residents of that town.
His influence over the Indian tribe and its Sachem in that vicinity,
was jiowerful and restraining, and so much confidence had this
good man and his family in the fidelity of his Indian friends, it is
said, that when his lady was earnestly warned to fly from a threaten-
ed savage attack, she coolly rei)lied. that she would go as soon as
she had put things to rights about her house, and had knit round
to her seam needle ! The original white inhabitants were emigrants
from Milford, from which it derives its name.
Emigrants from the Manor of Livingston, in the Xew "S'ork
Colony, made Indian purchases and began a settlement at Wea
togue. in Salisburv. as early as 1720. After the sale of the town-
ship in 17.^7, the jiooulation increased rajiidly. — coming in from the
towns of Lebanon, Litchfield, and many other places, so that it was
duly organized in 174T. and settled its minister. Rev. Jonothan
Lee, in I744-.
The first inhabitants of Litchfield came under the Hartford and
Windsor title, in 172 1. and chietly from Hartford. \\'indsor and
Lebanon. This territoi w and a large lake in its .south-west sec-
lion, was known as i'antam. Whether it was so called by the In-
dians, has been doubted, and is not well settled.
The settLment of the other towns commenced soon after. :\nd
piogressed .-teadily. \ct slowly. The town of Colebrook was the
lastenrollcc' in this iraternity, and settled its first minister. Rev.
Jonathan Kdwards, in 1795. Rev. Rufus Habcock. a I'.aptist m;n
8 i.iTciiFiKi.i) co^^•^•^ im;n(,ii and i:.\k
i^tcr. had. lor sonir lime bci\)rc this, resided and oflicialeil in the
town.
One general characteristic marked the whole i>o])ulati(^n ; it was
gathered chietly from the towns alread\ settled in the Colony, and
with but few emigrants from Massachusetts. (, )ur immediate an-
cestors were religious men, and religion was the ruling clement;
but it wonld be a mistake to sui)i)ose that it absorbed all others.
1 shall not detain you with an eulogium on Puritan character.
This may be found stereotyped every where — not only in books and
speeches, but much more accurately in its influence and effects, not
in New England alone, but throughout this nation. ( )ur .\merican
ancestors were Englishmen, descendants , of the same men. and in-
heritors of the same principles, by which Magna Charta was estab-
lished at Runny-mecle. — They were Anglo-Saxons. ins]:)ired with
the same spirit of independence which has marked them every where,
and especially through the long period of w^ell defined English his-
tory, and which is destined in its further developments to give tone
and impress to the political and religious institutions of Christen-
dom. So much has been said and written of the Puritans, T have
sometimes thought that some believe that they were a distinct race.
and i)erhaps of a different complexion and language from their
other countrymen ; whereas, they were only Englishmen, generally
of the Plebian caste, and with more of die energies and many of the
frailties and imperfections common to humanity. If our first settlers
here cherished more firmly the religious elements of their character
than any other., the spirit of independence to which I have alluded
develojx'd another — the love of money, and an ingenuity in grat-
ifying it.
Since the extent and resources of this Ccnmty have been better
known, the wonder is often exjiressed, how such an unpromising
region as this County could have invited a pojndation at first; but
herein we misconceive the condition of our fathers. 1 lere, as the\-
supix)sed. was the last land to be explored and occujiied in their
da v. Thev had no where else to go. and the growing iwpulation
of'the east, as well as the barren soil of the coast, impelled them
westward. Of the north, beyond the ^lassachusetts Ct^lony. noth-
ing was known : only Canada and tlie frozen regions of Nova Scotia
had been heard of. ( '♦n the west was another Colony, but a dif-
ferent peoi)le : ami still beyond, was an unknown realm, possessed
by savage men. of whom New England had seen enough ; and not
niuch behind this, according to the geography of that day, was the
Western Ocean, referred to in the Charter. A visible hand of
Providence seems to have guided (nir fathers' goings. Had the
vallev of the Susquehanna i)een known lo them then, they would
but the sooner have fm-nished llu> historx ol the massacre of
Wyoming.
If then' were here the extensive and .almost ii)ii)enatrable ever-
glade of the C.rei'nA\o(.ds, the high hills of C.<.sheu. Litchfield
tiiiKciis I i;.\'ii:nm.\i. addupiss
and C'li'iiwall, and in'avN fnix^ts uvcvy wIktc — these were trillcs
then in the \va\ of a New l-'n^laml man's calculation, and had heen
ever since the people of the Alay l'"lo\ver and the Arabella and their
descendants had l)een crowding their way back among the forests.
These, and a thousand other obstacles, were surmounted, with liard-
Iv a suspicion that thex were obstacles at all, and every township
began ere long to exhibit a well ordered, organized society.
This was no missionary Held, after the manner of modern new
settlements. Hver\ little Colony, as it became organized and ex-
tended from town to town, either took its minister along with it. or
called liii)i soon after. Me became one with his pt'ojile, wedded
to them almost l)\ sacramental bonds, indissoluble. A Trimus
inter i^u-es. he settled on bis own domain, api)ropriated to his use by
the proprietors of every town, and he cultivated with his own hands
his own soil, and at his death was laid down among bis i)arishoners
and neighbors in the common cemetery, with little of monumental ex-
travagance to distinguish bis resting ])lace. The meeting-house was
soon seen at the central jMiint of each town, modestly elevated above
surrounding buildings, and In its side the school-house, as its
nursling child or y<*unger sister, and the minister and the master
were the oracles of each community. The development of the
Christian man, spiritual, intellectual and ])bysical, was the necessary
result of such an organization of society as this.
The original settlers of this County were removed two or three
generations" from the first emigrants from England, and some of
the more harsh pecularities of that race may well be supposed, ere
this time, to have become modified, or to have subsided entirely.
Tf a little of the sjMrit of Arcb-llishop Laud, transgressing the
boundaries of Realm and Church, had found its way over the ocean,
and was developed imder a new condition of .society here, it is not
to be wondered at; it was the spirit of the age. though none the
i?etter for that, and none the more excusable, whether seen in Laud
or Mather — ui a Royal Parliament, or a Colonial .\ssemblv.
Less of these peculiarities appeared in Connecticut than in Mass-
achusetts ; and at the late period when this County was .settled, the
sense of oppression inllicted l)\ the mother country, whether real
or fancied, was a little forgotten, and of course neither Quakers,
Praver Rooks nor Christmas were the object of penal legislation.
A more tolerant, and of course a better spirit, came with our fathers
into this Countv, than had before existed elsewhere in the Colony,
and, if I mistake not, il has ever since been producing here its legiti-
mate effects, and in some degree has distinguished the char-
acter and the action of Litchfield County througlKnit its entire his-
torv, as man\- facts could be made to prove.
Before the vear 1751. this territory had been attached to flif-
ferent Counties^nost oi it to the County of Hartford ; the towns
of Sharon and v'^alisbury t*^ the County of Xew Haven: and inany
of the earlv titles and Of i)robate proceedings of several of the
lO I.ITCIIFIKI.I) Cor.N'l'V r.i:NCll AM) i;.\i<
towns, before their org:anization or incoriviration, may be found on
the records of more early settled towns. Tlie first settlements of
estates in Canaan are recorded in Woodbury, and many early deeds
are on record in the olHce of the Secretary in Hartford.
In 1751, the condition of the population of these towns wa«; such
as to demand the organization of a new County, and the subject
was extensively discussed at the town meetings. As is always
true, on such occasions, a diversity of opinions as well as the or-
dinary amount of excited feeling existed, regarding the location
of the shire town. Cornwall and Canaan made their claims and had
their advocates — but the chief contest was between Litchfield and
Goshen. The latter town was supposed to occupy the geographical
center, and man\- persons had settled there in expectation that
that would become the fixed seat of justice, and, among others,
Oliver Wolcott, afterward Governor of the State. I'ut at the
October session (_>f the General Court in 1751. the new County was
establislied with Litchfield as the County Town, mider the name
of Litchfield County.
Litclifield County, associated with the thought of one Inmilred
vears ago! A brief space in a nation's history; but such an
nundretl years! — more eventful than any other since the intro-
duction of our Holy Religion into the world. This name speaks
to us of home and all the hallowed memories of youth and years
beyond our reach, — of our truant frolics, onr school boy trials, our
\outhful aspirations and hopes ; and, perhaps, of more tender and
romantic sympathies ; and man\- will recall the misgivings, and yet
the stern resolves, with which they commenced the various avoca-
tions of life in which the\" have since been engaged. And from this
point, too, we look back to ties which once bound us to ]iarents.
brothers, companions, friends — then strong — now smidered ! and
which have Ijeen breaking and breaking, until many of us find our-
selves standing, almost alone, amidst what a few years ag(^ was an
unborn generation.
Litchfield Count\' ! Go where vou will through this broad
country. an<l s])eak aloud this name, and \(>u will hear a response,
"That is m\ own. m\ native land." It will come from some whom
you will find in the halls of Legislation, in the rul])it, on the Iknch,
at the I'ar, by the sick man's couch, in the marts of Trade, by the
Plow, or as wandering s])irits in some of the tried or untried ex-
periments of life. And sure 1 am. that there is not to be foinid a
son of this County, be Iiis residence e\er so remote, who W(^uld not
feel humbled to learn that this name was to be no longer heard
among the civil divisions of his nati\e Stale.
The usual f)(ricers, made necessar\ by the erection of the new
County, were immediately ai)pointed by the General Court. William
I'reston, ivscj., of Woodbury, was tlu' tirst (.'hief justice of the
County, and his .Associates were b'hn Williams. i"".s(|., of Sharon,
Samuel Canfield, f)f Xew .Mil ford, and l'".bene/.er .Marsh, of Litch-
c
oc
flit lulls (,i:\'ri:N NiAi. .\i»i)ki;ss ii
firlil. Isaac i'.alilwin, \\>i\.. \\a-~ iIk' t'lrsl CKtIs, ami tlu- tirsl Slic-rirf
was ( )li\(.r W'nlcott. of win mi I shall speak ajuaiii. TIk' County
Court, at its first session in Deceniher of the same year, appointed
vSaniuel 1 V'ttiboin', I-"s(|., of C.oslien, to be Kind's Attorney, who
was, within a few years, succeeded ])y Reynold Marvin, lCsc|., of
this villat^e, and these two g-entlenun wi-re all in this County, in
this capacity, who ever represented the Kind's majesty in that ad-
ministration of criminal justice.
The tenure of olTicial ])lace in the early days of the Common-
wealth, was more ])ermanent than since party subscrviencv has in
some dei;ree taken the i)lace of better (pialifications. The chan<.,jes
ui)on the bench of the County (.'ourt were not frccpicnt. The office
of Chief Judg'e, from the time of jud^X' I'reston to the time of his
successors, who are now alive. ha\e l)een lohn Williams, of Sharon.
Oliver W'ojcott, Daniel Sherman, of Woodbury, Joshua Porter, of
Salisbury. .Aaron Austin, of Xew Hartford, also a member of the
Council, and Aui>ustus I'ettibone, of Xorfolk. I can not at this
time present a catalos^ue of Associate Judi^es. It has been com-
posed of the most worthy and conij^etent citizens of the Countv —
g'entlemen of hii^h intluence and resi)ect in the several towns of their
residence.
In the ollicc of Sheriit, C.overnor W'olcott was succeeded bv
Lynde Lord, David Smith, John R. Landon, ]\Ioses Seymour, Jr.,
and Ozias Seymour, of this villai.ie, and the successors of these
gentlemen are still surviving".
Mr. Marvin was succeeded in the olhce of State's .Attorney, by
Andrew Adams, Tai)i)ing Reeve, Uriah Thacv, .\athaniel Smith,
John Allen, Uriel Holmes, and h'.lisha Sterling, whose successors,
with a single exception, still survive.
Hon. Frederick W'olcott succeeded Mr. 1 '.aid win in the o(hce
of Clerk, and this place he held, undisturl)ed by party influences,
for forty years, and until nearly the time of his death in 1836.
The common Prison first erected was a small wooden building,
near the late dwelling house of Roger Cook, Esq., on the north
side of East street. This stood but few \cars, and in its place a
more commodious one was built, nearly on the same foundation.
The present Prison was built in 1812, and essentially improved
witliin a few \ears. The first Court House stood on the open
grounds a little easterly from the West Park, and may still be seen
in the rear of the buildings on the south side of West street. Tt
was a small building, l)nt in it were often witnessed some of the
most able efforts of American eloquence. Tn this humble Temple
of Justice, Hon. S. W. Johnston of Stratford, Edwards of Xew
Haven. RceAC. Trac\ . Allen, and the Smiths of this County, ex-
hibited some of the best essays of forensic power. The present
Court House was erected in 1798.
The early progress of the County presents but a few incidents
of sufficient note to retain a place in its traditionary history. The
12 i.n\ II i-i i:i.i) (.'oiNiN i:i:\iii and i;.\k
aiJurclicnsion of savas^c incursions had passed awaw and thr pcoide
were left undisturl)e(l to carry oul. lo tlieir necessary results, what
might have heen expected from die spirit and enteri)rise which
brought them hither. The old French War, as it has since lieen
called, disturbed them but little. v^ome of the towns in the County,
moved b\ a lo\al imjndse, and a legitimate hatred of France, as
well as hostility to Indians in its service, furnished men and officers
in aid of some of the expeditions to the northern frontier.
The pioneers here were agriculturists. They came with no
knowledge or care for any other ])ursuit. and looked for no greater
results than the enjoxment of religious privileges, the increase of
their estates by removing the heavy forest and adding other acres
to their original purchases, and with the hope, perhaps, of sending
an active boy to the College. ( )f manufactures, they knew nothing.
The grist-mill and saw-mill, the blacksmith and clothier's shops, —
all as indispensable as the plow and the axe, — they ])rovided for as
among the necessaries of a farmer's life.
Thus they toiled on, till the hill-sides and the valleys every
where showed the fenced field and the comfortable dwelling. The
spinning wheel was in every house, and the loom in every neigh-
borhood, and almost every article of clothing was the product of
female domestic industrx'. Intercourse with each other was diffi-
cult. The hills were steep, and the valleys miry, and the means
of conveyance confined to the single horse with saddle and pillion,
with nil (ither carriage than the ox-cart in summer and the sled in
the winter. The deep winter snows often obstructed even the tise
of the sled, and then resort w^as had to snow-shoes. These were
made of a light rim of wood bent into the form of an ox-bow,
though smaller, perforated and woven into a net work with thongs
of raw-hide, leather or deer skin, and when attached to the com-
mon shoe enabled the walker to travel ujion the surface of the
snow. Four-wheeled carriages were not introduced into general
use until after the Revolution. Ladies, old and young, thought no
more of fatigue in performing long journeys over the rough roads
of the County, on horseback, than the ladies of our times in mak-
ing trips by easy stages, in coaches or cars.
The County Town constituted a common center, where the
leading men of the County met during the terms of the Courts,
and they saw but little of each other at other times. The course
of their business was in different directions. The north-west tcnvns
found their markets on the Hudson River — the southern towns at
Derb\ and Xcw Haven — and the eastern ones at Hartford. In
tlie mean while, and before the breaking out of the war of the
Revolution, nearly every town had its settled Pastor, and the schools
were every where spead over the territory.
Xo manufacturing interest was prevalent in the Coimty at first.
The policy and laws of the mother country had discmu-aged this,
r.ut the rich iron mine which had been earlv discovered in Salis-
ciiiKeiis ci".nti;nm.\i. addkkss 13
burv. and the iron <>vv fnund in Kent, conld not lie nejj^k'Ctcd. Iron
was indis])e'nsal)l(,'. and its transportation from the coast almost
nn])ractical)K'. Tlir >'vc IniI in Sali^hui} had been i^rantt-cl by the
Colonial Assembly to Daniel i'-issell of Windsor, as early as IJ.V.
and produces a better quality of iron than any im])orted from abroad
or found elsewhere at home.
The mamifaeture of bloomed irc^n in i.lie region of the ore. com-
menced hefore the orL;anization of the County. Thonia-- l.amb
erected a fori^e at Lime Rock, in Salisbury, as early a> 1734. —
probabK the first in the Colony. This ex]K-riment was scjoii ex-
tensivcK followed in Salisl)ury. Canaan. Cornwall and Kent, and
there were forj^es erected also in Xorfolk. Colebrook and kiteh-
field. The ore was often transported fri^m the (jre beds Uj the
ferine in leathern sacks, u])on horst's. I '>ar iron became here a sort
of circulatin<4" medium, and promissory notes were more frequent-
ly made payable in iron than in money.
The (irst h'urnace in the Colony was built at Lakeville. in Salis-
l)ur\-. in \j()2. b\ John Hazelton and h'.than .\llen of Salisbury,
and Sanuiel h'orhes of Canaan. This property fell into the hands
of Kichard Smith, an Knglish gentleman, a little before the war
of the Revolution. Upon this event he returned to Eno^land, and
the State took i)ossession of the furnace, and it was employed, un-
der the agenc\- of Col. Joshua Porter, in the manufacture of can-
non, shells and shot, for the use of the army and navy of the
country, and sometimes under the sui)ervision of Governeur Mor-
ris and John Jay, a,e:ents of the Continental Cong-ress ; and after
the war, the navy of the United States received, to a consideral)le
extent, the guns for its heaviest ships, from the same establishment.
Tt will not be any part of my ])ur]iosc to become the Ecclesiasti-
cal historian of the CouiUx'. This duty will he better performed
by other pens. And yet. the true character and condition of a
people can not be well understood without some study of their re-
ligious state.
I have already suggested, that there was here a more tolerant
and better spirit than existed among the first emigrants to I'ly-
mouth and ^fassachusetts. The chm-ches were insulated, and in
a manner shut out from the disturbing causes which had agitated
other ]K)rtions of the Colony. 1 do not learn from that full and
faithful chronicler of religious dissensions. Dr. Trumbull, that there
was in this County so much of the metaphysical and subtle in the-
ology, as had produced such bitter etTects at an earlier time, in the
churches at Hartford. Xew Haven. Stratford ar:l W'allingford.
The T^astors were men of i)eace. who had sought the retired parishes
over here in the hills and valleys, without much p.-ide of learning,
and without ambitious views. The influence of the Pastor here
was oaternal ; the elo((uence of his exam])le was more jiotent than
the eloquence of the jiulpit. Tt might be expected, that by such a
Clergy, a deep and broad foundation of future good would be laid. —
14 I.ll\lll'Ii:i.l) (.•orXTV KKXCIT AND I'.AR
a fixed IVotesiaiit scntimcnl and its legitimate consequence, in-
dependent opinion and energetic action.
There was here. also, very early, another element which modi-
fied and liberalized the temper of the fathers, who had smarted,
as thev supposed, under the persecutions of an luigUsh home and
F.nglish laws. A little alloy was intermixed in the religious
crucible, which, if it did not, in the opinion of all. render the mass
more ])recious, at least made it more malleable, and better fitted
for practical use. There was not in this Country an imiversal
dislike of the Chuch of England. We were removed farther back
in point of time, as I have said, from the original causes of hostility.
We were Englishmen, boasting of English CiMumon lyaw as our
birthright and our inheritance, and into this was interwoven many
of the principles and usages of English Ecclesiastical polity.
This respect for the institutions of the mother country, though
long felt by some, was first developed in the College, and extended
sooner and more widely, in this County than any where else ; so
that congregations worshiping with the Liturgy of the English
Church were soon found in Woodbury, Watertown. Plymouth.
Harwinton. Litchfield. Kent. Sharon and Salisbury, and were com-
posed of men of equal intelligence and purity of character with
their neighbors of the Congregational Churches. And yet, enough
of traditional prejudice still remained, uncorrected by time or im-
partial examinations, often to subject the friends and members of
the Church of England to insult and injustice. Some of it remains
still but too little to irritate or disturb a Christian spirit.
The spirit of emigration, that same Anglo-Saxon temperament
which brought our ancestors into the County, and which constantly
pushes forward to the trial of unknown fortune, began its mani-
festitations before the Revolution, and sought its gratification first
in Vermont. Vermont is the child of this County. We gave to
her her first Governor, and three Governors besides ; as many as
three Senators in Congress, and also many of her most efficient
founders and earlv distinguished citizens. — Chittendens. Aliens. Ga-
lushas. Chipmans. Skinner and others. The attitude assumed by
\^ermont in the early stages of the Txevolutionary War. in respect
to Canada on the north and the threatening States of \ew York
and New Hampshire on either side, was peculiar and delicate, and
demanded the most adroit policy to secure her purpose of inde-
pendence. Tn her dilemma, her most sagacious men resorted to
the counsels of their old friends of Litchfield County, and it is said
that her final course was shaped, and her designs accomplished,
by the advice of a confidential council, assetnblcd at the house of
Governor Wolcott in this village.
Perhaps no community ever existed, with fewer causes of dis-
turbance or discontent than were felt here, before the complaints
of British exaction were heard from Poston. But the first mur-
mnrings from the East excited our quiet i)npulation to action, and in
church's CIvNTlvNNlAI. ADDKI'.SS I5
ncarh every Uiwii in llie homily, meetings of sympalliy wire Imlden,
and strongs resolves adopted. res])onsive to the lioston coni]jlainings.
The tax on tea and the stamp (kity were trifles. The people of
this Comity knew nothing of them, and probably cared no more.
The principle of the movement was deeper — more fundamental ;
the love of self government — "llie glorious jirivilege of being in-
<lei)en(lent !" The excitement was general throughout the Country.
Individuals oi)]x:)sed it, and from diti'erent, tlu>ugh e(|ually pure mo-
tives. Some supposed resistance to the laws to be ho])eless at that
time, and advised to wait for more strength and resources ; r)thers
were iiiHuenced by religious considerations, just as pure and as
])otent as had influenced their fathers aforetime ; others had a rlee])er
seated sense of loyalty, and the obligations of sworn allegiance.
Rut the County was nearly unanimous in its resistance to P>ritish
claims, and saw in them the commencement of a Colonial servitude,
degrading, and threatening the future progress of the country, in
its destined path to wealth and glory. I believe no individual of
distinction in the County took arms against the cause of the country.
Our remote position from the scenes of strife and the march of
armies, will not permit me to speak to you of battle-fields, of vic-
tories won or villages sacked any where in our sight. We were
only in the pathway betw^een the different wings of the American
army. I have no means of determining the amount of force in men
or money furnished by this County in aid of the war. From the
tone of the votes and resolves passed at the various town-meetings,
and from the many officers and men. Continental and militia, who
joined the army, I may venture the assertion, that no county in New
England, of no greater ]:)0]:)ulation than this, gave more efficient
aid in various ways, or manifested by its acts, more devoted pa-
triotism.
Sheldon's was, I believe, the first regiment of cavalry which
joined the army. It was raised in this County chiefly, and com-
manded by Col. Elisha Sheldon of Salisbury. The services of
this regiment have been favorably noticed by the writers of that
da\'. and on various occasions called forth the public thanks of
the Commander-in-Chief. Among other officers attached to it. was
Major Benjamin Tallmadge. afterwards and for many years a dis-
tinguished merchant and gentleman of this village, and, for several
sessions, a valuable memlier of Congress in the Connecticut dele-
gation. Major Tallmadge distinguished himself by a brilliant ex-
l)loit against the enemy on Long Island, for which he received the
l)ublic approbation of General Washington ; and through the whole
struggle, this officer proved himself a favorite with the army and
the officers under whom he served. Besides these, several other
officers of elevated as well as subordinate rank, were attached to
the Continental army, from this County. Among them were Col.
Heman Swift of Cornwall. IMajor Samuel Klmore of Sharon. Col.
Seth Warner of A\''oodburv. I\Iaior Moses Sevmour of Litchfield,
i6 1 n'i.iii-ii:i.i) roi Ni'\ i:i{M,ii AM) ]\.\\<
Major Julia Webb oi Canaan. Capt. John Sedgwick and lulward
Rogers of Cornwall, Col. Rlagdcn and Major l.uihcr Stoddard of
Salisbury, and many others not now recollected.
Contributions in snpjMirt of the war were not Cdnlined lo the
payment of heavy taxes, but voluntary aid came from associations
and individuals in every town. The jiggreijate can not be com-
puted. — il' it Could, it would show an amount, which, rich as we
now are. 1 think could not be demanded of our citizens for any
cause of ])atriotism or philanthrop\- without murnuu's. and perhaps,
resistance.
Xor was the I'alriol spirit confined to men and soldiers. — it
warmed the bosoms of wives, mothers and sisters, in every town.
An equestrian statue of the King, of gilded lead, before the war,
had stood upon the Bowling Green in New ^'ork. As soon as
the news of the signing" of the Declaration of Independence reach-
ed Xew York, this was missing. Ere long it was found at the
dwelling-house of Hon. Oliver W'olcott. in this village, and in
time of need was melted down into the more ai)i)ropriate shape of
forty thousand bullets, by the daughters of that gentleman and
other ladies, and forwarded to the soldiery in the field. Other la-
dies still, and in other towns, were much emi)lo\e(l in making
blankets and garments for the suffering troo])s.
I have no means of determining the number of killed and
wounded soldiers belonging to this County.
Mr. Matthews, the Mayor of the city of Xew ^'ork. w;is for
some time detained in this village, a prisoner of war. and it is said
that his traveling trunk, and some parts <tf his pleasure carriage,
still remain in possession of the Seymour family. Governor
Franklin, the Royal Governor of X"ew Jersey, and a son of Dr.
Benjamin Franklin, was confined as a prisoner of war in our jail
which was often tiscd to detain English prisoners as well as Tories.
Although the treat} of i^eacc brought peace to other parts of
the State, ii^ did not bring it to the whole of this County. (^ne
town was left. — not to the continued and merciless inroads of
British soldiers and sa\'age Indians, as before, but to the unjust
oppressions of Pennsylvania. — Westmoreland, better known to the
readers of Indian tragedy by the name of iryojiiiiii^. Its history
is one of melancholy interest. This terrilor\- is in the vallev and
I'egiou of the Sus([uehanna Ri\'er. and inchukd the present flourish-
ing village of W'ilkesbarre. Its extent was as broad as this State.
It was su])]X)sed to be embraced within our chartered limits, and such
was the opiniou of the most emiuc'ut comisel in England and in
the Colony. I nder thi> claim, a compan\' associated about the
year 17S4. bv tlu' uami' ot the Sus(|uhanna Companw and ptu'chased
the lndi;in title to the country, for two thousand jxiunds. X'ew York
.■urrenc\. This was a \(>luntar\ iiio\ rnient, — a people's enterprise,
unsanctioned by any direct Legislative act. but unforbidden, and
probably encouraged. Within a few years, a settlement was ef-
TBARINU UOW>I STATUE OF GL-OKGE 11
t III KC ll's C I'.NI'I'.NMAI. ADDKIvSS IJ
fcctctl upon llic choice lands of the Sus(iuchauna, cliiclly by emi-
grants from the counties of Windham and New London, with sev-
eral from this County, among' whom was John Franklin of Canaan,
the brother of the late v'^ilas iManklin. I'.s(|., of that town, a gentle-
man whose fortune and history were closel\' interwoven with the
fortunes of that colony. The Authorities of Pennsylvania. th(»ugh
claiming under a later Charter, o|)])osed this settlement, and key)t
up a continual annoyance until the breaking out of the war with
England, and even then sympathized but liltle will) our ])eoplc
there, under the dreadful afflictions which that event brought u])on
them.
Sad indeed was the condition of the colonists of Wyoming! — ■
persecuted by their Pennsylvania neighbors, and left defenceless
to the ravages of British troops and their savage allies ! The
Legislature of this Colony recognized this interesting band of its
own children, and incorporated them into a townshij), by the name-
of Westmoreland, in 1774, and annexed it to the Count} of Litch-
field. They would have been protected from the aggressions of
Pennsylvania, if the war of the Revolution had not prevented, and
the ij^ood I'n'ciids of that Commonwealth would have been compelled
to doff the Quaker a while, or quietlv to have left our fellow-citizens
in peace, lender the ])rotection of their i^arent i)ower. this little col-
onv now looked for security. The\ were a town of the Connecticut
Colony, organized with Selectmen and other ordinary Town Of-
ficers, and semi-annually sent their Deputies to the General Court
at Hartford and New Haven : chose their Jurors to attend the
Courts of this County, and their Justices of the Peace were mag-
istrates of the County of Litchfield, and all writs and process.
served there, were returnable to the Courts of this County, and
remain now upon our records. Rut their securit\ was transient:
the war of the Revolution brought down upon them a combined
force of British Provincials and Tories, from Pennsyh^ania. Xew
Jersey and New York, and a large bodv of Tuflians. commanded
by Brant, a celebrated chief. This whole force was directed by
Col. John Butler, of infamous memory.
T have no leisure to describe, in its details, the i)rogress of the
tragedv of the W'yoming massacre. Cols. John Franklin and
Zebulon Butler were consnicious in their cft'orts to avert the sad
destiny of the citizens. Tt was in vain. The battle opened on
the 3d day of July. 177H. and it closed with the entire destruc-
tion of the settlement. Men, wdiiieii and cliildren. whether in
arms or defenceless, were devoted to the bayonet and scalj^ng knife,
and such as were so fortunate as to escape, were driven away,
houseless and homeless, many of them to be dragged from their
hiding places to the slaughter, and others to escape after many
perils by the way. That massacre was without a likeness in modern
warfare, and a stain niion the Knglish character, for which F.nglish
historians have found 110 anolog\ .
i8 i.iTCiii'iKi.i) C()^^•l■^ r.i.Ncii and isak
"Accursed Brant ! he left of all my tribe
Nor man, nor child, nor any thing of living binli ;
No, — not tlio (log tliat watch'd my household hearth
Escaped that niKht, ui)on our plains, — all perished!"
Men. maidons. widowccl motlicrs and helpless infants, Hying'
irom this scene of death, are remembered by many still living,
passing on foot and on horseback through this County, back to
their friends here and to the eastern towns. Such was the fate
of a portion of the citizens of our own County. Xine years Wy-
oming had been a part of tis, and after the war was over. Penn-
sylvania renewed her claims and her oppressions. Our Pilgrim
fathers could recount no such afflictions! Our jurisdiction ceased
in 1782, after a decision by a P)Oard of Commissioners; but a great
]x:)rtion of those who had survived the conflict with the Indians,
gathered again around the ruins of their former habitations, and
still refused submission to the claims of Pennsylvania. Col. Frank-
lin was the master spirit of resistance, and upon him fell the weight
of vengance. He was arrested, imprisoned, and ccMidemed to death
as a traitor. After a long confinement in jail, he was at length
released, and survived many years, and was a respectable and in-
fluential member of the General Assembly of Pennsylvania, from
the Comity of Luzerne.
The result of the com])romise of our claim to the town of W'est-
mnreland. was the acknowledgment, by Congress, of the claim of
Connecticut to the Western Reserve, from which has been derived
the School Fund of the State.
The war of the Revolution had ceased, and left us an exhausted
peo])lc. The extravagant hopes of many were disap])ointed : they
felt the i^resent pressure, but antici]:)atei:l none of the future prosper-
it\' and gkiry in reserve. This disa])pointment, in a neighboring
State, had produced open resistence to the laws, — rebellion ! It
was a contagious spirit, and such as municii)al lines could not con-
fine. Much was feared from it here. .\ si)ark from that flame
in [Berkshire county had tlown over into Sharon. ( )ne Or. Hurl-
but, an eniissar\ of Slia\"s. \isited that town, in the sjiring of 1787,
to enlist men in his cause. He made some imjiression. The
General Assembl\- was then in session, and took efficient measures
to i:)revent the si)read of the treasonable contagion. Col. Samuel
Canfield. of Xcw Milford, and I'riali Tracy, of this village, were
sent to stii)press it. Se\eral indixiduals were arrested and im-
prisoned in the jail of this Couutx : l)ul, as the disturbance in the
sister State su1)sided. the advocates of resistance to the laws were
disheartened, the i)rosecutions were finally abandoned, and these
disci|)les of the treasonable doctrine of resistance were nermitted to
go at large, punished enough b\' the contemi)t which followed them.
Although the resources of our citizens had been consumed by
a wastiii'j war and a bankrupt go\ernment the elasticity ot our
Col.. Sa.\hi:i. Caxi-iki.d.
t 111 Ki ii's ii:nti:n MAI. addkkss 19
fonm-r (.•iilrri)rihe was not relaxed. Keleaseil. now. from Colonial
dcpeiulcncc. and free to act without foreif^^n restrictions, the eiu-r-
^\qs of our citizens soon recovered all they had lost. A Consti-
tution of Government, uniting the former Colonies into a ^^reat
nation, was proposed to the State for adoption; and, in January,
1787. a convention of deh.^ates from the several towns met at
Hartford to consider it. The votes of the deligates from this
Countv, upon this qrcat (picstion, stood, twenty-two in the affirm-
ative, and nine in the ne.i;ative. The nei^ative votes were from
Cornwall, Norfolk, and Sharon. TTarwinton. New^ Hartfor'l. and
Torrinsj^ton were divided.
Xo portion of the country sooner revived under the new im-
pulse, i^-iven hv the establishment of a Xational Constitutional
Government, than this County. ( )ur resources were varied. Our
soil was every where strong- on the hills and by the streams. \'ar-
ious sections possessed their peculiarities of production. Wheat
was a staple of the western towns. Dairy products were \ielded
in abundance in the northern and central regions ; and, in almost
every location, every si)ecies of grass, fruit, and grain, indigenous
to anv northern latitude, by reasonable culture, was found to flourish.
We were rich in the most useful mineral in the world, and our
streams of ])urest water afforded privileges every wliere for con-
verting our ores into iron and our forests into building materials.
But we had more — that, wMthout which, all these were worthless ;
w^e had an industrious, and what was better, an economical and an
intelligent yeomanry. We had a few slaves, to be sure : not enough
of these, nor enough of a degraded foreign population to render
the toil of our own hands, in the fields, or of our wives or (laughters,
in the kitchen or the dairy, dishonored or disgraceful. Our people
w^ere Xative Americans ! And here is the secret of our prosperity
and progress.
Tn 1784 the first newspaper press was established in this County
by Thomas Collier, and was continued under his superintendence
for more than twenty years. It was called the "Wecklv ^fonitor."
It was a well conducted sheet, and it is refreshing now. after the
lapse of manv years, to look through its columns, as through a
glass, and see the men of other days, as they have spoken and acted
on the same ground on which we stand. Mr. Collier was an able
writer, and his editorial efforts would have done honor to anv
journal. Tt is a Litchfield monitor now. and whoever shall look
over its files will see, at a glance, the great changes which have been
introduced, in later days, into all the departments of business and of
social and political life.
Then, the intercourse between the several towns in this Coimtv
and the market towns was slow and difficult. The Countrv mer-
chants were the great brokers, and stood between the farmer and
the markets. Thev received all his produce and supplied all be
wished to buv. The thriftv farmer, on settlement, received his
20 i.n\ iii'ii'.i.i) I'oiN'n I'.i'Xrii wn i;.\r
annual balance from the nuTchant. 'Phis cnal)lc(l him tt) increase
his acres. He did not invest it in stocks ; of these he knew nothing,
except such as he had seen attached as instruments of ])unishment, to
the wliipping post in cver\ town.
The merchants, thus employed, almost all became wealtiiy.
A broken merchant in the County was seldom heard of. Among
the most successful and respectable of these jj^entlemcn. whom I
now recollect, were Julius Deming and Benjamin Tallmadge. of
this town : Tallmadge, of Warren : P>ac(Mi, of Woodbury ; Lea-
vitts", of r.ethlem and \\ashington ; Starr, Xorton, and Lymans'.
of C.oshen : Battel, of Norfolk ; King, of Sharon ; Holley, of Salis-
bury, and Elijah Boardman, of New Milford, afterwards a highly
respectable Senator in the Congress of the L'nited States. At
that time. Derby was the chief market town for many of the mer-
chants in the southern towns of the County.
The age of Turni)ike Roads commenced about the year 1800,
and no tiortion of the country was more improved by them than
this Countv. ?)efore this, a journey thrcnigh the Green Woods
was spoken of as an exoloit. — a region now accommodated by the
most pleasant road in the County. The roads constructed, about
the same time, from Xew Haven to Canaan, from Sharon to Goshen,
and from Litchfield to Hartford, changed very much the asjiect of
the County and its ciu'rent of business, and if they have not been
l)rofitable to stockholders, thev have been invaluable to the ])eople.
The si)ur given to agricultiu'e b\- the wars following the French
Revolution was felt in every thing. If our farmers have failed
in anv thing, it has been in a i:)roper appreciation of their own calling.
Thev have vielded a preference to other employments, to wdiich they
are not entitled. Tf we are to have an Aristocracy in this country,
T sav, let the farmers and business men. and not our idlers, be our
Princes! — not such as are ashamed of their emi)loyments and with-
draw their sons from the iield and their daughters from domestic
labor. I would have no such to rule over me. lint, in spite of
some such false notions, agriculture has kei)t i)ace even with other
branches of industry in the Countv, as the appearance of our farms
and the thrift of our farmers attest. Much of this may be attributed
to an -Agricultural Society, which was formed here several years
ago. and ha'^ been well sustained imtil this time.
I have alluded to the condition of manufactures as it was before
the Revolution — limited to iron and confined t(» the furnace in Salis-
bur\ and a few forges in that vicinitv : to which ma\- be added, the
manufacture of maple sugar, to some extent bv the farmers in some
of the towns.
Even a few years ago. this Count} was not believed to be destined
to become a manufacturing comnnmit\. During the Revolutionary
\\'ar. Samuel Forbes, Es(|.. commenced a most important experi-
ment in Canaan — the mantifacture of nail nxls. Before this, nails
were hammered out from the bar iron — a slow and t'\i)ensive process.
I, lirK(. ll's i'i:\Tl'.N XI Al. AliDUKSS 21
'1 Ik rr was a sliuiiiL; mill in Xfw U-isc\ , in wliic-Ji nail rods were
made, bill the niacliincr\ was kc'iil liidiKn from public inspeclion.
Forbes wished to obtain a kno\vied;m' ot' it, and for this purpose
emploNcd an in^'nious mechanic and niillw ri.i^dit. Isaac r.enlon. oi
Salisl)ur\. I'.cnlon, disi;nise<l as a traNclin.'^- menthcant. obtained
admission to tlir nnll, and so ci-iticall\ , and without snsijicion,
marked the niachincr\ and its oi)eration. as to be able immediately
to make such a niodd of it as to construct a mill, of the same S(jrt,
for Forbes. This was the foundation of his i,^reat fortune in after
life. He afterwards erected another slitting-mill in Washint^ton,
(now Woodville. ) Wy these he was able to sup])ly the li^reat de-
mand for this article. This was a i^reat improvement ui^on the
former mode of nail inakin-. but was itself superseded, some years
afterwards, by the introduction of cut nail machinery. Kscpiire
Forbes, as he was afterwards familiarl\- called by every body, may
justlv be deemed the pioneer of the manufacturino^ interests in this
Countv. His eiTorts were confined, generally, to the workinj? of
iron. His forge he extended, and accommodated to the manufactur-
ing of anchors, screws, and mill irons. He introduced this branch
of the iron business into this County, if not into the State. It was
not long after followed by those enterprising manufacturers, Russell
Hunt c\: Brothers, at South Canaan, by whom the largest anchors
f(^r the largest ships of the American Xavy were made.
The manufacture of scythes b\ water-power, was commenced
in this Countv first at W'insted, by Jenkins c^- Uoyd. in 1794. These
enterprising gentlemen, with the brothers Rockwell, soon extensive-
Iv engaged in various branches of the manufacture of iron and steel
in \\'insted and that vicinity, from which originated, and has grown
up to its present condition, one of the most llourisliin- manutactur-
ing \-illages in the State.
The furnace, in Salisbmw-, continued for many years in most
successful operation under its active proprietors, and especially
its last owners. :\[essrs. Holley l^- Coffing. by whose energy and
success, the iron interest, in Salisbury, has been most essentially
promoted ; and it has extended into the towns of Canaan. Corn-
wall Sharon, and Kent. .\mes' works, at I'alN \illage. arc not
equalled bv anv other in the State.
In speaking of the iron interest, I cannot but allude agam to
the Salisburv \ron ore, which is found in various localities in that
town It stands superior to anv other for the tenacity ot the iron
which it produces, with which the armories of Springfield anc
Hariier's Ferrv are supi)lied, and from which the chain cables and
best anchors for the Xavv are made. And T am confident, if the
machinerv of the steam vessels and railroad cars were made ex-
clusivelv'from this inn. and not from a cheaper and interior ma-
terial, we should kiKwv less of broken shafts and l.iss of lite 111 .^ur
public Cduvevances. t- n r 1
PaiKM- was first made in this Countv. at the great Falls of the
22 l.lli. lll"li;i.l) Cor.NTN' I:i:NCTI and II. \k
HDUsaltinic, in Salishui'} . 1)\ Adam iV I'linrch, as early as 1787,
and soon after in Litehtield. The first cardini^-machine erected,
I think, in this State, was built at the great falls in Canaan, about
1802. l*revious to this time, wool was carded only by females, at
their own firesides.
A general manufacturing jjolicy was suggested by the measures
of government, and not long after a more extensive experiment
was made in the manufacture of woolen cloths by the late Gov.
W'olcott. and his brother Hon. Frederick \\'olcott of this place,
tlian had been made in this County before ; and although the trial
was disastrous to its projectors, it was the parent of the subse-
quent and present prosperity of the village of Wolcottville.
The same policy has spread into almost every town in the
County, and has not only extended the manufacture of iron, from
a mouse trap to a ship's anchor, but has introduced, and is intro-
ducing, all the various branches of manufactures pursued in this
country: and of late, the elegant manufacture of the Papier ^lache.
Plymouth, New Hartford, Norfolk, Woodbury, as well as the
towns before mentioned, have felt extensively the beneficial efifects
of this modern industrial progress, so that our County may now
be set down as one of the first manufacturing Counties in the
State ; and this confirms what I have said, that here are all the
varied facilities of profitable employment, which can be found in
any section or region o fthis country. ( )ur young men need no
longer seek adventure and fortune elsewhere ! Neither the desire
of wealth, nor the preservation of health and life, should sug-gest
emig^ration.
As soon as the war was over, and the Indians subdued into
peace, our people rushed again to \ermont. and to the Whites-
town and Genesee countries, as they were called ; so that, in a few
years, let a Litchfield County man go where he would, between the
to]) of the Green Mountains and Lake Champlain. or between Utica
and the Lakes, and every day he would greet an accpiaintance or
citizen from his own County.
And then followed the sale and occupation of the Connecticut
Western Reserve. Many of its original proprietors were oiu" citi-
zens : and among theiu, ATessrs. P)oardman, of New Milford ; Holmes.
Tallmadge, and Wadsworth, of Litchfield : Starr and Norton, of
Goshen ; Canfield, of Sharon ; Johnston, Church, and \\"aterman,
of Salisbury. For a time it seemed as if depopulation was to fol-
low. The towns of Boardman, Canfield. Tallmadge, Johnson. Hud-
son, and several others on the reserve, were soon filling up with
the ])vs{ blood and spirit of otu' Coinit\' ; and since then, we have
been increasing the population of other ])arts of the States of New
York and ( )hio. as well as of Michigan, Illinois, and Indiana, so
that now there is not one of us who remain, who has not a parent,
a brother, or a child, in New ^"ork. \'ermont. or the States of the
West. And we l)elieve that these children of otu' (^wn raisin<j have
till K( IIS CKNTl-NNI \l. ADDKKSS 23
Iransniittcd the ini])rc'ss jind ima^c of IJlclitk-ld C'ounl\-. t<» the gen-
eral CDiidition of socict}' where they have gone, and that they have
fixed there a moral hkeness whicli proves its parentage. This em-
igrating propensity has characterized the Saxon race in all times
of its history ; and it is still at work, scattering us into every corner
and climate, and away to dig for gf)l(l and graves in the barrens of
Calitornia ! Xotwitlislanding this exhausting process of emigration,
our ])<)pulation wliich. in the \ear iSoo, was 4\.(>~\, has increased
to the number of 46,171.
I (111 not kniiw that l)ef<ire the i\e\uliuii in there was a public
Cirammar School in the C'ounty. 'Die i)reparalory studies of \-oung
men. intended for collegiate course, were prosecuted with ])rivate
instructors — general]), the C'lerg\- : and this course was pursued
still later.
Among the clergymen of the County most distinguished as in-
structors, and in fifliiig young men for college, as it was called,
were Rev. Daniel Farrand. of Canaan. .\mmi R. Robbins. of Nor-
folk. Jndah Cham])ion, of Litchfield, and Azel Backus. D. D.. of
P.ethlem. This last named gentleman was afterwards President
of Hamilton College.
Soon after the war. Academies were instituted, and among the
first and best of them was the Morris Academy in the parish of
South Farms, in this town, which w^as commenced in 1790. bv
Janies Morris. Esq. Esquire Morris was no ordinary man. He
was a distinguished graduate of Yale College, and an active officer
in the Revolutionary Army. His learning was varied and practical,
and under his direction the Morris Academy became the most noted
public school of the County, and so continued for many years.
An Academy at Sharon, not long after, acquired a deserved repu-
tation, under such instructors as John T. Peters. Elisha Sterling,
and Barzillai Slosson. Many years afterwards an Academy was
conducted in Ellsworth Society, in the same town, under the super-
intendence of Rev. Daniel Parker, which soon attained a high
reputation.
Our relative position in the State, and the controlling influence
of the cities, have left us without College. Asylum, or Retreats ;
but our district schools have been doing their pro]:)er work, so that
Judge Reeve remarked while alive, that he had never seen but one
witness in Court, born in this County, who could not read. .\nd
these schools have not only made scholars, but scJwoI-iiiastcrs. and
these have been among the best of our indigenous productions, and
have found a good market every where, \^'hen Congress sat in
Philadelphia, a Litchfield County man was seen driving a drove
of mules through the streets. A North Carolina member congratu-
lated the late Mr. Tracy upon seeing so many of his constituents that
morning, and enquired where they were going, to which he facetious-
ly replied, that they were going to yorfh Carolina to keep school.
24 i.iTciii-ii:i.i) roixTN- m-xcii and \\.\k
A new tunc to tcnialr c(hu-ati(in was j^ixcn hy the rstablish-
niont (it a I'V'nialc Scniinarv. tOr the instruction of females in
this villaj^c, l)y Miss Sarah I'iercc. in \y^)2. This was an un-
tried e.\])erinicnt. llilhcrto the cthication of youn^' huhes, with
few cxcc])tions. had l)ccn neglected. The district scln)ol had limit-
ed their course of sttidies. .Miss Tierce saw and rei^retted this,
anil tlevoted herself and all of her acti\e life to the mental and
moral culture of her sex. The exi)eriment succee<Ked entirely.
This Acedeniy soon hecame the resort of miuul; ladies from all
portions of tiie country — from the cities aril the towns. Then.
the Country was i)reterred, as most suitahle for female improve-
ment, away from the frivolities and (lissi])ation of fashionable life.
Xow. a different. n(.)t a better ])ractice. ])re\ails. Many of the
grandmothers and mothers of the i)resent i;eneration were educated
as well for i;-eniel as for useful life, in this school, and its influence
upon female character and accom]:)lishments was great and extensive.
It continued t\)r more than forty \ears, and its venerable l'rinci])al
and h'Cr sister assistant now li\-e among us, the honored and honor-
able of their sex.
r.efore this, and as early as 1784, a Law School was instituted
in this village. Ta])i)ing Reeve, then a young lawxer from Long
Island, who had commenced the ])ractice of his ])rofession here,
was its projector. It is not known whether in this countrw or any
where, except at the Inns of Court at Westminster, a school for
the training of lawyers had been attempted. No Professorships
of Law had been introduced into American Colleges ; nor was the
Law treated as a liberal science.
Before this, the law student served a short clerkshij) in an at-
torney's office,- — studied some forms and little substance, and had
within his reach but few^ volumes beyond Coke's i.\r Wood's Insti-
tutes. Blackstone's Commentaries, Bacon's .Abridgment, and Jacob's
Law Dictionary, and. when admitted to the liar, was lietter instruct-
ed in ])leas in abatement, than in the weightier matters of the Law.
Before this, too, the Common Law, as a system, was imperfectly
understood here and in our sister States. Few law\ers ha.d master-
ed it. The reputation of this institution soon became as extensive
as the country, and young men from Maine to C.eorgia sought to
finish their law studies liere.
Judge Reeve conducted this school alone, from its commence-
ment until I7<j8. when, having been aoi)ointed to the Bench of the
Sui)erior Court, he associated widi him. as an instructor. James
Gould. I{s{|. These gentlemen conducted tlu' school together f(>r
several vears. until the ad\ance(l age ot Judge !\eew admonished
him to retire; after which. Judge Could continued the school alone
luitil a few years before his death. It ma\- ])e said of Judge Reeve,
that he first gave the Law a ])lace among liberal studies in this
countrv. — that "he found it a skeleton, and clothed it with life,
color, and com])lexion." This school gave a new impulse to legal
c III Kill's ii;\ ri'.XNiAi. ADDKKss 25
kaitiji_; iiiil il \\;i> Irll in llu- | urispnukuce as well a> in llic
Legislation of all the StaU>.
A nt'w subject of stiuK, iiol known in any (»i1kt counU'} . haci
been presented to the legal student here, — the Constitution of the
United States and the Legislation of Congress. Uniformity of in-'
terpretalion was indispensable.
At this institution students frcjni every State drank from the
same fountain, were taught the same principles of the Common
and Constitutional Law ; and these principles, with the same modes
of legal thinking and feeling and of administration were dissemin-
ated throughout the entire country. .More than one thousan<l
lawyers of the United States were educated here, and many of
them afteru^ards among the most eminent Jurists and Legislators.
Even after judge Could's connection with the school, an inspection
of the catalogue will show, that from it have gone out among the
States of this Union, a \ ice President of the I'nited States, two
Judges of the Supreme Court of the United States, forty Judges
of the highest State Courts, thirteen Senators, and forty-six RejM-e-
sentatives in Congress, besides several Cabinet and Foreign Min-
isters.
I have said that this school gave a new impulse to legal learn-
ing in this country. Soon after its establishment, and not before,
reports of judicial decisions appeared. Ei)hraini Kirby. Ksq an
able lawyer of this village, published the first volume of Rei)orts
of Adjudged Cases, in this country. — a volume which deserved
and received the ap])robation of the profession here and elsewhere.
This was soon followed by Reports in Massachusetts and New York.
Standing at this point of time, and looking back over the events
of an hundred years, we would recall, not only the .scenes which
have transi)ired. but revive our recollections of the men who have
acted in them. Memory cannot raise the dead to life again ; yet
it may bring back something of their presence. — shaded and dim.
but almost real; — and through the records of their times we may
hear them speak again. To some of these T have nride allusion, l
woidd speak of others.
The "allusion to the Law School of the Cotmty suggests to me
a brief notice, also, of the legal profession here, and of its most
distinguished members, as well as a further allusion to others of
the sons of Litchfield County, distinguished in other professions
and employments of life. tn si)eaking of these T must confine
mvself to the menior\ of tlie dead. And here. T feel that T am
under a restraint which, on anv other occasion, T would resist. T
feel tbis chain which binds me. the more as T look around on this
gathering and see some here, and am reminded of others — so many,
who have contributed b\- solendid talents and moral worth, to make
our name a praise in the hmd. .\s the renrescntativc of the C«nmty.
T woidd most gladlv flo them li\-in<r homacfe before you all. T re-
irret that T have Irid so brief an on'>ortunit\' to make this notice
26 I.ll\Hl'li:i.l) eOlNTV I'.KNfll AM) \\.\R
as perfect as it should he, — a favorite theme, if I couhl but do it
justice.
I have uot been able to learn much oi the Lawyers who ])racticed
in this territory before the organization of the Count\ in 1751.
Sanuiel IVHtibone, Ksc|.. of Goshen, and Reynold Marvin, h',s(i.. of
Litchtield. (a native of Lyme.) are all of whom I can speak.
Mr. I'ettibone lived to a great age and died in reduced circum-
stances, in 1787. Mr. Marvin was respectable in his profession,
and was King's Attorney at the time of the Revolution. His resi-
dence was at the dwelling of Dr. William Buel, in this village.
.Among the Lawyers of the new County who a])i3eared in its
Courts, were Mr. Thatcher, of New Milford, Hezekiah Thompson
and Edward Hinman, of Woodbury, Mr. Humphrey, of Norfolk,
John Canfield, of Sharon, Andrew .\dams, of Litchfield, Air. Catlin.
of Harwinton, and Joshua Whitney, of Canaan. Of these. Messrs.
Canfield and Adams became distinguished at the Bar and in public
life. Mr. Canfield was the son of Samuel Canfield, of New Mil-
ford, one of the Associate Judges of the County. He was ajipoint-
ed a member of Congress under the Confederation, but died before
he took his seat. W^e can a]:)]ireeiate his character when informed
that he was the chosen colleague of Johnson, Ellsworth, and Trum-
bull. Mr. Adams succeeded Mr. Marvin as State's Attorney. He
was esteemed an eloquent advocate, and his reputation at the I>ar
was distinguished. He was well versed in theological studies, and
in the absence of his minister, often officiated in the pulpit. He
was a member of the Continental Congress, and after the Revolu-
tion, became an Associate, and then Chief Justice of the Sui)erior
Court.
Before the Revolution there were btit few eminent lawyers in
the County, and professional gentlemen from abroad attended our
courts and were employed in the most im])ortant causes. .XuKMig
these were Thomas Sevmour. Es(|., of Hartford, and Lion. Samuel
\\'. Johnson, of Stratford, then standing at the head of the Con-
necticut Bar. A colonial condition was, as it ever will be, un-
favora1)le to the develo])ment of forensic talent.
The change in the state of this Bar, after the War, and esi)eci-
allv after the settlement of the government, was sudden and great;
and. within a few years after this event, no County in the State
and but few in other States, could boast of a Bar more distinguished
for legal talent and high profession and moral excellence, than this.
Reeve, Tracy, .\llen. KirJjy, Strong of Salisliury. Smith of Wood-
bury. Smith and Canfield. of Sharon, are names which re\i\'e proud
recollections among the old men of the Count\. And while these
gentlemen stood before our courts there came to their conijiany a
youn^rer band, destined, with tluiii, to perjjetuate the high stand-
ing of the ]>rofession here; — C.onld Sterling, of Salisbm"\' ; Benedict.
Ruggles, Loardman, Smith, of Lilehlield ; Slosson, Soullunaxd,
C'lllKcllS CKN'rK.NMAl. ADDRKSS 27
v^wan, rcllihoiK', and alUTwanl, Miiur, Williams, I'lacon, and
others.
Tapping Kccvc was a naliw of I-niiy Islaml. and a <lislin^uishc(l
j4Tadute of Nassau 1 lall, Xcw jersey, and a tutor in that college,
lie commenced practice lui-e in 17!^.^ and was one of the most
learned law\ers of the da\ in which lu- lived, lie loved the law
as a science, and studied it philosophically, lie considered it as
the practical ap])licati()n of religious ])rincii)le to the husiness affairs
of life. lie wished to reduce it to a certain, symmetrical system
of moral truth. Tie did not trust to the inspiration of genius for
eminence, hut to the results of profound and constant study, and
was never allurecl hy jiolitical amhition. T seem, even now. to see
his calm and ])lacid countenance shining through his ahundant
liK"ks, as he sat, poring over his notes in the lecture room, and to
hear Ids shrill whis])er, as he stood when giving his charge to the
jury. He was elevated to the Bench of the Superior Court in Tjof^.
and to the office of Chief Justice in 1804, and retired from ]mhlic
life at the age of seventy \ears and died in 1H27. ]](■ i)nl)lished a
valualle treatise on Doiuestic Relations, and another on the Law
of Descents.
Cicn. I'riah Tracy was a native of .Vorwich. and one of the
first of the |)upils of Jtidge Reeve. As a jury advocate he ohtained
a high distinction. His wit was punt^ent and his ])owers of oratory
uncommon. He was a jxtlitician. often a member of our own Legis-
lature ; for several \ears a meniher of Cong'ress. and he died in 1807,
while a memher of the v^enate of the Fnited States, in which body
he w^as eminently distinguished.
Col. .\(lonijah Strong, the father of the late Hon. Martin
Strong, was unique in genius and manner, of large professional
husiness. sound jM-actical sense, and many anecdotes of his say-
ings and doings are still remembered and repeated in the County.
Hon. .Xathaniel Smith, of Woodhury. a native of Washington,
commenced life under discouraging circumstances. He had neither
fortune nor the jirospect of any, nor early education, to stimulate
him. Like man\- other New England hoys, he fought his way to
eminence : and eminent he was ; and T cannot tell hy w^hat process
he became so. lie, too, was one of the early members of the Law
School here. He was not a man of many books. Lie seemed to
understand the law^ as did Mansfield and Marshall. 1)y intuition,
anrl to have acquired the power of language hy insniration. His was
a native elo(|uencc \ et chaste, and "when unadorned, adorned the
most." T think he was one of the most nrofound lawvers and iudges
of this coimtrw He was a mcmlier of the Council, a member of
C(^ngress. and was elevated to the I'ench of the Suoerior Court in
t8o6.
Hon. Xatlian Smith was a \-ounL;'er hrotlier of Xathaniel Smith,
and though born and reared in this County, his professional and
e
e
om
j8 i.n(,'iii-ii:i.i) corxTv bkxch and bar.
public lift' was i)assccl in Xcw 1 lavcn Cuuiii). l)iU he ultcti ai)i)cared
at this l>ar. Tic was less prtil'iuiml than his hrdtluT, nmrc ardent,
and perhaps inorc effective as a iiir\ lawyer, lie died, while a
Senator in Congress, in 1835.
11(111. lohn .\llen was a native of Massachusetts and inslructed
bv Mr. Keeve. and for several years held a commandinG: position
at this liar.
Hon. John Culton Smith, oi Sharon, was the son of Rev. Cotton
Mather Smith, of that town. .\ graduate of Yale College and of
the Litchfield Law School, he soon took a i)roniincnt place by the
side of Tracy and Nathaniel Smith at the I'.ar of the County. He
was known as a fluent speaker, and of easy and graceful address;
he became a popular advocate. For several sessions of the Legis-
lature of the State he was speaker of the House of Rei^resentatives.
Tn Congress he sustained an enviable reputation as a jiresiding offi
cer. V\Mm retiring from Congress he w^as soon placed upon th
Bench of the Superior Court, from which he was promoted to th
office of Governor of the State. From this he retired, and fror
public life, in 1817. The remainder of his life was spent in (loing
good, either as President of the American Bible Society, or in dis-
charging the duties of a virtuous citizen in his native town, until
his death in 1845.
Hon. James Gould was a native of Branford. a graduate and
a tutor of Yale College. He iwrsued his professional studies with
Judge Reeve, and, soon after coming to the Bar of this County,
"he became associated with him as an instructor of the Law School,
fudge Gould was a critical scholar, and alwavs read with his pen
in his hand whether Law i'ook or books of fiction or fancy, for
which he indulged a passion. Tn the more abstruse subjects of the
law, he was more learned than Judge Reeve, and. as a lecturer, more
lucid and methodical. The Common Law he had searched to the
bottom, and he knew it all — its princii)lcs, and the reasons from
which thev were drawn. As an advocate, he was not a man of
imi)assioned eloquence, but clear and logical, employing language
elegant and chaste. He indulged in no wit, and seldom excited a
laugh, but was verv sure to carrv a listener along with him to his
conclusions. \\'ith his brethren, his intercom'se was alwa\s courte-
ous, and with his younger ones, kind and affectionate. He never
gave offense. In his arguments, he resorted to no artifice, but met
the difficulties in his wa\ fully in the face, and if he could not over-
come them he yielded without irritation. I le was appointed an
.Associate fudge of the Superior Coiu't in 1816. and retired fr<^m the
Bench to private life soon after. ludge Gould pul)lishe(l an able
treatise on the Law of Pleading, in which he was governed I)\- the
truth of Lord Coke's saxing. "he knoweth not the law. who
knoweth not the reason thereof." His volume has received flat-
tering ai)i)ro\al from the most learned Jurists in this country and
Kngland. Judge Gould died in 1838.
jwil X CoT'l'oN S >l I i I I.
From Cravon Sketch. 1800.
(Ill urn's Cl-.NTI'.N M Al, NDUKKSS 2(J
Koali r>. Ik-iu'(lici was llic s(.)n i>i \\c\ . Xoah i'>(.-iic<licl. of
\V()()(ll)ur\ , a gentleman of \u> ])Vvciic\{\ of intellect or f^eiiins. and
his first appearance at the I'.ar ilid not i)roniise the eminence wiiich
he afterwards acquired, lie sindied, an<l ilie Law was the chief
suhject of his stndw Me aspired lo no hi-luT i)laee than distinc-
tion ill liis ])roft'ssioii. lie engaged in iiom- of tin- ordinary hnsi-
ness transactions of societ\-. and. as he once lold me, he never j,'ave
a proinissor\- note in his life. With such an undivided attention
to his professional calling-, it was not strange that he should reach
a high nlace at the I'.ar. .\nd he did reach it, and, at the time of
his death, no man here stood hefore him. Mis examjilc slionid Ijc
a choice model for \oung law^vers.
('.en. l'',lislia Sterling, of Salislnir\ , was a nali\'e of Lyme. Xo
one in our j)rofession was more assiduous in its nractice than this
gentleman. His causes were never neglected in their i)rei)ara-
tion. The controlling points of every case he discovered quick,
and pressed both, in i)reparation and argument, with zcah He
neglected the study of method and s\stem in his arguments, hut.
when concluded, nothing had l;een omitted.
Passing h\ , on this hurried occasion, a more i)articular notice
of the galaxy of Lawyers, to whom T have alluded, I may I'e in-
dulged in paying an affectionate tribute to one or two. whose familiar
voices still seem sounding in our Court House.
Hon. Tabez W. Huntington earned his high urofessional char-
acter here, where he commenced and continued his i)ractice for
several \ears. He engaged in i)ublic life, and retm-ned to his na-
tive town of N'orwich. He was elected to Congress: afterwards
he was elevated to the P.ench of the Superior Court, which place
he retained until he was ai:)pointed a Senator in Congress, in which
positi' n he died in 1847. Having l)een associated with Judge
Huntington at the Bar and on the P.ench, T can bear true testimony
to his sunerior abilities in both j^laces.
Of mv late l)rother. Leman Chm'ch l{s(|.. the ])roi)rieties of mv
connection will not i)ermit me to sneak. The cleep sensation |)ro-
duced at this Bar, and the grief which tore the hearts of hi-^ num-
erous friends, when he died, is the onl\ eulog\- ui)on his lite and
character to which T mav refer.
T had a voung friend, unon whose opening ])rosi)ects T looked
with an\iet\- and hope. He was of generous heart and liberal
hand and stimulatcfl b\ an honorable ambition, which seemed
nearh at the t)oint of ^ratification, when death came for its vic-
tim. This friend was Francis Bacon, Ksq.. who died in 1840. at
the age of .?o vears.
Hon. Oliver W'olcott, the younger, late Covernor of this State,
was also a member of this Bar, and though he engaged in iniblic
life soon after his adiuission. we are entitled to retain his name
on our catalogue. T shall not s]^eak now of his life and eminent
services. The\- make a prc^iuinent part of the coimtry's history.
30 i.n\iii"ii:i.i) coiN'i^' i:i:\i II and i;.\i<
iuid lia\c l)C(.'n. wilhin a tew xcars, faith fiilh' written 1)\ his near
relative. He died in 1833. and I regret to say that his remains
lie in our grave-yard, without a monument to mark his resting-
])lace. His bust lias l)ee!i i)resented. on this occasion, to the ISar
of this Comity.
I make the same claim to retain among the names ot' our de-
parted brethren, that of Hon. Frederick Wolcott. a son of the
elder Gov. Wolcott, of this village. He became a member of this
r>ar in earl\ life, and with high jirospects of professional distinc-
tion: Init he acce])ted the proffered (office of Clerk of the Courts
and Judge of Probate for this district, in 17()3. and soon relinciuish-
ed professional duties. For several years he was a ]irominent mem-
ber of the Council, under the Charter administration. An intimate
connexion with this gentleman, both public and i)rivate, justifies
the high oi)inion T have ever entertained of his jiurity of life and
character, his public spirit, and his frank and open liearing. I never
pass by the venerable mansion of the ^^'olcott family, in my daily
walks about this village, without recalling the statel\- form and
ever honorable de])ortment of Frederick ^^'olcott. The duties of
his official stations were discharged with the entire api)robation of
the community for many years, and until a short time before his
death, and amidst the conflicts and ovcrturnings in the jx^litical
revolutions of the times.
Roger and Richard Skinner, were sons of Cen. Timothy Skin-
ner (^f this town, and members of this bar. Roger commenced
business in this village, and gave assurance, b\- his early talents.
of his future standing: but he was here in the most bitter state of
Connecticut politics, and. as he believed, \\as compelled to escape
from unmerited opposition. He removed to the State of Xew
York; soon attained a deserved eminence in his profession and
was appointed a Judge of the L'nited States Court, in the Xorth-
ern District of that State. Richard Skinner removed to \'er-
mont and afterwards became an eminent Judge of the Superior
Court, and tiltimately Governor of that State.
In tln' clerical profession, T have remarked before, that there
was earh manifested a disposition rather to be good than great.
The clerg\- of this County were inarl\ all educated men: and many
of them rioe scholars and ])rofouiid divines, and if there were not
as man\- here as in some other regions, whose names have been
transmitted to us as among the great ones of Xew l-'ngland. it has
been because the severer calls of parochial duty, and stinleil means,
and Christian graces restrained their aspirations after fame. Di-
vinit\- lia>^ furnished die most comr^on theme and enijiloyed the most
pens. W'c are all llieolgians in Xew h^igland.
Rev. Joseoh HellaiuN . H. D.. of r.ethlem. was pr(^babl\- the
first and mos*: eminent of our writers on this subject. He was
clorpient and impressive as a i)rc-aclier, as well as learnecl and pro-
foimd as a scholar and writer, lie ijublislied several theological
I 111 K( II S (l-.N'ri'.WI Al. AKDRKSS 31
wurks iipiin practical and n mirovcrsial suhjc-cls. besides occasional
sernu)ns. wliicli ai'c tduml in ihr libraries of Divines, and have
been lield in Iii.L;li repnli.-, mil unK anions^' tlie (lisci|)les of bis own
peculiar opinions, but auioni; otbers, as well in luiro])e as in ibis
c<ninlr\ ; and a modern edition of tbeni bas been recently uub-
lisbed. I )r. iU'llamy was tbe i^randfatber (tf tbc late |msc|)1i M.
r>ellain\ , i'.S(|., of Rctbleui, a gentleman of ,L,''reat moral and jtro-
fessional wortb.
Rev. Jna. JMlwards was a ])npil of 1 )r. lU-liamy in lii- tbeoioj.^-
ical studies, and, altbous^b not a natixe of tliis rounl\, be resided
among us for several years, as tbe first settled minister of Cole-
brook, and untii be was called to tbc i)residency of Union Col-
lege, in I7<)i)- lie was tbe antbor of se\eral volumes of great
merit; and among tbem, a treatise upon tbe salvation of all men,
in re])ly to Dr. Cdiauncey : also, a dissertation on the liberty of
tbe will in rei)l\ to West, and observations on tlic language of tbe
Stockbridge Indians.
Rev. Cbauncey Lee. D. D., wbo succeeded Dr. ICdwards. as
minister in Colebrook. was a native of Salisl)ury. and a son of
Rev. Jonatbau T.ee, of tbat town. Tie was educated for tbe bar,
and commenced -iractice in bis native town. Tins be soon rebn-
quisbed for tbe clerical calling. A'ery early lie published a Deci-
mal Aritbmetic and afterwards a volume of Sermons on various
subjects. I'ui bis most elaborate work, and the oue most
esteemed bv biiuself was a ])oem. entitled "Tbe Trial of \'irtue."'
being a riarai)brase of tbe book of b)l). Dr. Lee was a gentle-
man of some eccentricities, but a \er\ learned di\-ine and impres-
sive jireacber.
Rev. Samuel J. Mills, a native of Torrington, and son of the
venerable pastor of one of tbe societies there, is entitled to a more
extended notice than 1 am prepared on this occasion to repeat.
Xot because he was the author of books, but the author and
originator of liberal and extensive l)encvolent elTort. The noble
cause of Foreign ^lissions in this country, is deeply indebted to
him as one of its most zealous and active projectors and friends.
Another of tbe luost splendid charities of any age or country.—
the Colonization Society, — owes its existence to the efforts of this
g>mtleman ; and his name will be cherished by the nhilanthropists
of the world, along with those of Hcwvard and Wilberforce.
Rev. Horace Holley. D. D.. of Salisbury, was son of Mr.
Luther Hollev. and oue of a highly distinguished and worthy
family of brothers. Dr. Holley was first ordined pastor of a
Church and Society at Greenfield, in Fairfield C(Mmty. and was
one of the successors of the late Dr. Dwight, in that parish. He
subsequentU' removed to Loston and liecame one of the most
eloquent pulnit orators among the eminent divines of that metrop-
olis. He afterwards became President of Transylvania Univer-
sitv in Kentuckv, and died, while vet a voung luan on ship-board.
32 i,n\iii"ii:i.i) coiNTN i;i;Ntii and p.ar
wluii i>n lii> return from \o\v ( )rlcans lo Xew England. I am not
informed that he left any pubhshcd works behind him, except
sermons dehvcred on special occasions. He was my class-mate
in Colleg-e, and 1 knew him well.
The Rev. Dr. I'.ackus of i'.cthlem. Rev. Mr. Hooker of Goshen,
and Rcw Dr. Torter of Wasliinj^ton, are remembered as among"
the nidst learned Divines of the County.
( )f the Medical Profession and the Medical Professors iiere.
m\- opixirtunities of information have not been extensive. And
\ et I Ir.wv known enouiih of them to i)ersuade me that a more
learned and useful faculty, has not been found elsewhere in the
State. Empiricism has always existed, and will exist; and the
credulitv of some good men will give it countenance. We depend
upon a learned medical influence, more than any thins^ else, to
save us from its death-dealing results.
As earlv as January, 17^)/, a .Medical association was formed
in this County, composed of the most eminent physicians then in
])ractice here. Its object was to establish rules of practice and
intercourse : — promote medical science ky providing for annual
consultations and dissertations, and to protect the reputation of
the profession and the health of the comnuuiity, from the inroads
of ignorant pretenders to medical science. Among the names of
the gentlemen composing this body, I see those of Joshua Porter,
Lemuel Wdiceler, Joseph Perry. Seth Bird, William .\bernethy,
Sanuiel Catlin. Simeon Smith, Cyrus Marsh Ephraim Gitteau.
John Calhoun, &c. One of the earliest physicians of the County
was Oliver \\'olcott. He was the son of Hon. Roger Wolcott.
of Windsor, a former Governor of the Colony. He had served
as an officer in the French war, and settled himself in G.oshen
l)efore the organization of the CouiUx, in the ])ractice of his pvo-
fession. Whether he continued in practice as a physician after
his removal to this town is not known; probably, however his
official duties as Sheriff' prevented it. He was subse(|uently
honored with almost every official i)lace which a good man would
covet. — he was a member of the House of Representatives, of the
Council, a Judge of Probate, a Judge of the Count\- Comn a
Renresentatixe in Congress, a signer of the Declaration of Tn-
denendence. Lieutenant Governor. ;tnd C.overnor of his native
State, and more than aU. the father of an excellent family. He
is said to have been a man of uncommon diffidence, and dis-
trustful of his own abilitv. His Dublic comiuunications display
sound judgment, and his more confidential corres])ondencc a
warm affection and a ptu"e piu-iiose.
Dr. Sedi I'.ird. of Litchfield, probablx held the first iilacc
among the earl\- i)hysicians of the Connt\. His reinitation was
wide-spread. For acuteness of discrimination and soundness of
judgment he was not excelled.
CIHKlll"S fKN'Tl'N.NlAI. VDDKKSS 33
Dr. I(>sc])h I'c-rrv, of \\(i<i<ll)ur\ . was not <>n\\ ciniiiciit in his
profession, bnt, what was unnsuai in his day. he excelled as a
helles-lettre scholar an<l was a -mlUman well read in various
branches of science. I.ater i^enerations produced their eminent
and acc()nii)lished physicians. Dr. .\athaniel I'erry. son of the
gentleman just named; Dr. Daniel Sheldon, of this town: Drs.
Fowler of \\^ishins;ton, Kockwell of Sharon. Welch of \orfr)lk
Ticknor of Salisbury.
Dr. Sanniel \\dodward. of Torrino-ton. was not only a physi-
cian of hi!;h rei)nle himself, but he was almost literally a father
of the faculty. Dr. Samuel I".. W'oodword. late of Worcester,
Massachusetts, Dr. llciu) Woodward, late of Middletown, and
Dr. (.diaries Woodward, of the same place, were his sons. — born
and educated in this Comity. Few men in any community have
attained a more eminent and useful position than Dr. Samuel 1'..
Woodward. Imder his sui)erintcndance the Insane Hosoital. at
W'orcester. was established and for man\ years conducted, and
now sustains a reoutation equal with any of tlie noble charities
of this country. The Annual Reports of Dr. Woodward and his
other professional writino^s. and the success of his efYort^ in the
cause of humanity, have earned for him a reputation which will
long survive.
Among- the Surgeons of note, in earlier times was Dr. Samuel
Catlin. of I^itchfield. and at a later jieriod. Dr. Samuel R. Oager.
of Sharon.
The medical profession in this County has i)roduced some
writers of respectability. Dr. bdislia Xorth was for several years
a physician of extensive ])ractice in Goshen, and he afterwards
removed to New London. He published an api)roved treatise on
spotted fever, which extensivel\- i)re\-ailed in C.oslien and its vicin-
ity, while he resided there.
Dr. Caleb Ticknor of Salisbury, was brother of the late ex-
cellent Dr. Luther Ticknor. of that town, and of Dr. Rcnajah
Ticknor. for manv vears a surgeon in the navy of the I'mted
States; and although a young man when he removed to Xew
York City, about the year 1832. he rose rapidly to a high ])lace
in his profession. He i)ublished several medical works, the most
popular of which was. the Philosophv of _ Living, which consti-
tutes one of the volumes of Harpers' Family Library.
The Chipman familv. a numerous brotherhood, removed from
Salisbury to A>rmont immediatelv after the Revolutionarv War:
it produced eminent men. Xathaniel was an officer of the Rev-
olution. He became Chief Listice of Vermont, and a Senator
in Congress. He published a small volume of Jndicial "Rr^nori-s
and a larger treatise upon the Principles of Government. Daniel
Chipman. a vounger brother of tbi^ gentleman was a verv prom-
inent member of the W^rmoni^ Par. He was the auth(-)r of a very
34 i.iTcnKir:i.i) county bench and v,.\k
creditable essay "( )n the Law of Contracts"; and besides a vol-
ume of Law Re]iorts. he jjiiblished the life of his brother Xathaniel,
and also the life of Gov. Thomas Chittenden.
Hon. .\nibrose Spencer, late Chief Justice of the State of
New York, was born in Salisbury, the son of Pliilip Spencer,
Esq, Lie was prepared for his colleg'iate course under the in-
stru.ction of Rev. Daniel Farrand. of Canaan : studied the law, I
believe, with Hon. John Cantield. of Sharon, whose daughter he
married.
lion. Josiah S. johnslt)n, late an eminent member of the Sen-
ate of the L'nited States, from Louisania, was a native of the same
town. He was the son of Dr. John Johnston, who removed
early to Kentuckx. Mis academical studies were pursued here.
Samuel Moore, of Salisbury, was a profound mathmatician
and en.ga;.ied nmch in the instruction of young' men in what was
called tile survexor's art. He jmblishcd a treatise on siu-veying,
with a table of log'arithms. Tt was the earliest work on that
branch of mathematical science i^ublished in this country. Tt
introduced the method of comimting contents by calculation en-
tirelw witliout measuring triangles b\- scale and dividers. Tt
was a valual)le treatise, but was nearly superseded by a more
finished one by Rev. .\bcl Flint, in which he borrowed much from
]\Toore.
Kthan Allen is (leser\'ing of notice only for his revolutionary
services, which are matters of public history. He ])ublished a
narrative of his cautivit}- as a ]irisoner of war, and a volume of
Tnfield Theology. He was a native of this county: the town of
his nativity has been a matter of dispute, but is not a questi<^n
worth solving.
We lia\e had Poets, too, besides such as T have mentioned,
who (lescTxe a remembrance on this occasion.
Hon. John Trumbull, late one of the Judges of the SiU)erior
Court of the State, was born in Watertown in this Comilw in
which hi^ father was a minister. The T^rogress of Dulness. and
ArcFingal. the most ridmired of his Poems, were written in early
life. The\ are sat\ rical productions, and for geniu'ne wit have
not been excelled by any modern effort. Judge TrumbulPs ac-
tive life was passed chiefly in TTartford.
\\'illiam Ray was a Salisbur\ man, born in i/JT. and while a
lad develo])cd a taste for poetrv l)nt earh destitution and mis-
fortunes pressed unon him dro\-e him into the Xa\-\- of the United
States. He was for some tiiue a cantive in Triuoli, and in t8o8
he published the Horrors of Slavery, and in 18 >i a \-oluiue of
Pf)cnis.
]{benezer T^. Mason was a native of \\'a^liingt(Mi. \'er\- few
men g'ave more early i)ronn'se of literar\- and scientific distinc-
tion than \(>ung' Mason. Hi^ lift' and writings were i)ublished
in 1A42. by Professor r)lnisted. of "S'ale Colleg;e.
CIIIKl ll'S ClsNI'KNMAI, AIJIJKKSS 35
W asliin^ti III has hrrii a nursiT\ ol ciiiiiu-iil mrn. ol wlioni I
•Ccinnol now sprak without violating my i)ur])osc of spcakiii)^ ol tlic
dead, and not of thr hviii.^.
Mrs. Laura M. 'Plnu-ston, of Norfolk, ])crniittcd to he pub-
lished by her friends, several poetical pieees of unconinion sweet-
ness and exeellenee. — the I'aths of Life, the C.rren Mills of my
Father Land, and others.
There are but few occasions, and these extreme ones, which
call out the ([ualifications for military life.
(len. I'eter 15. I'orter was the younii^est son of C"ol. loshua
I'orter, of Salisburx . of whom I have s))oken before lb- was
a graduate of ^'ale C'oUe.^e and imrsued the stud) of the law
where so main of the noted men of the country have — at the
TJtchfield Law School. lie was anions- the early emij^rtants
from this County to the C.ensee country. lie was soon called
to occupy places of trust and power in the State of his adoption.
1 le was a member of Con,<i;ress \vhen the project of the Krie Can-
al was first sug'g'ested, and was one who, with \)v Witt Clinton,
originated that important national \vor]<, and is entitled to e(|ual
lienor with him for it^ i)roiection. lie urged it, when in Con-
gress, as a national work, in a speech of great strength, and asked
for the aid of the nation. As a member of the House of Repre-
sentatives, he was associated with llenry Clay on a Conimitiee to
consider the causes of ct^mplaint against Creat Britain, and drew
u|) the re])ort of that Committee, recommending the declaration
of the war of 1812. He thus earl\- ardently espoused the cause
of his country, and stood b\ the side of Tompkins and other
l)atriots. in their efforts to i)rosecute that war to an honorable
result.
He was then a civilian only ; but. imi)atient and mortified at
the ill success of our arms upon the northern frontier — his own
house jiieced b\" the enemy's shot, on the banks of the Xiagara
River — he threw ofif the civil and assumed the military attitude.
He raised a regiment of ardent volunteer troops, and at their
head, soon contributed to turn the tide of success. His services
at Fort Erie and the battles at the l-'alls. have been repeatedly
told b\- the writers of the country's history. T will not rei)eat
them. So highly were they esteemed by the general Ciovernment
and the State, that thanks and medals were presented, and l)efore
the close of the war be was offered the chief command of the
army, b\- the President. Under the administration of the younger
.\dams he was ofifered. and accei)ted. the place of Secretarv of
\\ar.
Mv time confines me to the notice of the most cons])icuous of
our sons, native and adopted: but there were others, in every
town, perhaps f>f ef|ual merit but with fewer onnortunities of
display. The list of our members of .\ssenibly. and of men by
whose efforts the foundations of societ\" were laid here, and bv
3^ i.rrciii'iKi 1) (.oiNiN niiNcii wo i;ak
whom tliis (.\>unl\ has been brouglil from a rcpulsisc regii)n of
mountains and rocks to its present condition of fertilitx' and wealth,
wouhl sliow an agij;reij;ate of moral and intellectual worth which
no reg'ion. e(|ual in extent, has surpassed.
And 1)\- whom were all these eminent and excellent men reared
and prepared for the stations which they have occupied in society ?
By fathers, whose own hands ha\e toiled — b\ mothers, who were
the spinsters of the days in which they lived, and who knew and
practised the duties of the kitchen as well as the parlor and to
whom the music of the sjMmiing-wheel and the loom was more
necessary than that of the ])iano and the harpsichord.
The spirit df strict economy has marked our progress from the
beginning, and l)\ no other could our fathers have left to us this
heritage of good! Removed from the profusion, and from what
is esteemed the higher liberality of cit\ hal)its, oiu' I'ountx' has not
fallen behind other kindred communities in encouraging the benev-
olent operations of these latter daxs.
A Missionary Society, auxiliary to the lioard of Commissioners
of Foreign Missions, w'as established in this Count}', in the Near
1813, and has been in active operatit)n since. This noble charity,
since its organization, has received and paid over, as near as 1 can
ascertain, the sum of about $125,000. The benevolent offerings
of other denominations — the Episcopalians, Methodists, and P>ap-
tists, to the purposes of their respective religious operations, 1 have
no present means of knowing; that they have been equally liberal
in proportion to their means, with their Congregational l)rethren,
I have no reason to dcnibt.
In the \"ear i(Si7, the Foreign Mission School was estal)lished
in Cornwall with the si)ecial object of spreading Christian truth
and the means of civilization among the heathen.. The origin of this
effort, if not accidental, was gradual in its conception and develop-
ment. Two young natives of the Sandwich Islands were, by the
directing, and almost visible hand of I'rovidence, thrown among us
and fell under the notice of Mr. Flias Cornelius, in 1815, tlien a
student in Yale College, and since distinguished as a Divine and
Philanthrojiist. The names of these young heathen, as known
among us, were I lenry Obookaih and William TenoCv These yoiuig
men were carefull}' instructed by Mr. Cornelius, Sanniel J. Mills, and
Edwin 1) wight, with a chief object of preparing them to become
Christian Missionaries among their countrymen, 'i'hey were soon
after i)laced under the care of Rev. Joel Harvey, then a Congrega-
tional minister in C.oshen ; at his suggestion, the North Consociation
of Litchfield Countw became their i)atrons. They were, not long
after joined b\- Thomas lbi])oo, tlieir countr\inan. and all were
])laced imder pro])er instruction for the great object designed. I>ut
a more liberal and enlarged project was conceived: a v^eminary in
a Christian land, for the instructinu of the heathen joiiu'd with tlie
I)ur|)ose of preparing young men liere for missionary service in
(IIIKIIIS CI'NTKNMAI. AUDKKSS 37
heathen lands. It was a sijlcndid lh(Mii;ht, and the Anu-riean lJuarcl
attcniptfd its consuniniatiDn.
Rev. Timothy l)wi<;lit. lion. Jdhn Trradwcll, James Morris.
Esq., Rev. Drs. l^>ccchcr and Cha])in, with Messrs. Harvey and
Prentice, were authorized to devise and put in o])eration such a
Seminary, and the result was, the Foreijj^n Mission School at Corn-
wall. Younj^r natives of the Sandwich Islands, and from China,
Australasia, and from the Indian nations on this Continent, as well
as American youths, were instructed there. The school continueti
successfully until 1S27. The estahlishment of the Sandwich Island
Mission, was one of the important results of this school.
Many years hefore the modern movement in a temperance re-
formatioji was su,^\y'ested, such a ])rojeci was conceived in tlii> town
and encom-at^ed h}' the most prominent men here. A Temperance
I'ledii^e was signed in May, 1789, re])udiating the use of distilled
liquors, hy 36 gentlemen: and among the names annexed to it, were
those of Julius Deming', Uenjamin Tallmadge. I'riah Tracv, h*])h-
raim Kirhy, Moses Seymour, Daniel Sheldon, Ta])ping Keeve.
Frederick Wolcott, and John Welch — names well known and well
remembered here. I believe the first temperance association of
modern date, in the County, was formed among the iron operatives
at Mount Riga, in Salisbury. The results of this grand effort
have been as successful here as elsewhere. If any si)ccial cause has
oi)erated to retard the final success of this charity, it has been the
strangling, death-ensuing embrace of party politicians — the scathing
curse of many a good thing. As long ago as 1816, there were dis-
tilleries in every towm in the County; and in Xew Milford. as many
as 26, and in the whole County, T6g! and, besides these, there were
188 retailers of spirits, who paid licenses under the excise laws of
the United States, to the amount of $3,760. Whether there be a
distiller}- in the County now, I am not informed : I believe but very
few.
I have not attempted to trace the modifications of society here
— its progressive changes in modes of o])inion and consequent action.
It would lead me too far from my object, which has been only to
speak of events, and the men who have been engaged in them.
Before the RevoluticMi there uas little to excite. There was a
common routine of thinking, which had been followed for years —
somewhat disturbed, to be sure, by what were called "new liij^hts"
in religion. Rut the results of our emancipation from the mother
country turned everything into, a different channel, opinions and
all. .A new impulse broke in upon the general stagnation of mind
which had been, and made every body speculators in morals, religion,
politics, and everv thing else. M\' own memory runs 1)ack to a
dividing point of time, when I could see something of the old 7>.'orld
and )ic7c. Infidel opinions came in like a flood. Mr. Paine's "Age
of Reason." the works of \'oltaire, and other Deistical books, were
broad cast, and young men suddenl\- became, as they thought, wiser
38 LITCHFIKLU COUNTY UKXCll AND BAR
tlian tlicir fathers ; ami even men in higii places, among us here,
were suspected of intidel opinions. At tlie same time canie the
ardent preachers of Air. Wesley's divinity, who were engaged in
doing battle with InfideHty on the one hand, and Calvinistic theology
on the other. Here were antagonistic forces and inlluences, which
introduced essential changes, and both have been operating ever
since. And it would atiord an interesting subject of investigation,
to trace these intUiences to their results. The Methodist preachers
first visited this County about the year 1787, and organized their
first classes in Salisbury and Canaan. This was their first appear-
ance in the State, and, I believe, in New England. In this County
they were received with courtesy, and found many to encourage
them among those who did not well understand the old divinity.
I might detain you in speaking of the prevalence and effects of
party spirit here ; but as this, as well as denominational controversy,
is unpleasant to me, I forbear. There was a time, about the year
1806, when the spirit was rife here, and led to prosecutions, fines
and imprisonment, and a disturbance of social relations, which lias
never since re-appeared to the same extent.
I need not say any thing of the present condition of the County.
This you see and know. Its Railroads, penetrating regions not long
since supposed to be impenetrable ; villiages rising up in the deep
valleys, whose foundations have been hidden for nearly a century ;
and fertility and thrift, where a few years ago were uncultivated
forests and wasting water-falls.
Of what shall we complain? Is it that we do not, all of us,
make haste to be rich ? Ah ! is it so, my brethren ? Is there noth-
ing but wealth which can satisfy a rational mind and an immortal
spirit ?
Of the future we may indulge proud hopes, while we doubt and
fear. Progress is the word of modern theorists, but of doubtful
import. Innovation is not always progress towards useful results.
Of this we, who are old, believe we have seen too much, within a
few years, and fear much more to come. Our County is but a
small part of a State and Nation, and so our fate stands not alone.
We can but look to our political institutions as our ultimate pro-
tectors, and I urge upon you all, my brethren, their unwavering
support. Our Constitution requires no innovating process to im-
prove it. It demands of us more than a mere political respect and
preference — almost a religious reverence. Love for it, in all its
parts, in every word and sentence which compose it, should be
interwoven into all our notions of thinking, speaking and acting.
Disturb but one stone in this great arch — but one compromise in
this holv covenant — and the whole luust tumble into ruin !
j^atly ICigl)ta
SKETCHES
OF THE
EARLY LIGHTS
OF THE
LITCHFIELD BAR
BY
HON. DAVID S. BOARDMAN
1860
KOAKDMAN S SK HTC II KS 4I
I'AIKIDC.I'; TIIATCIIKK.
I'atrid^-c 'i'liatchcr was the tirst man who i^racticcd the lej;al jjrcj-
fession in New Milford. He was not educated to the professi<jn, but
t(K>k up the trade, because there were none of the craft hereabout,
when this CDunly was organized, which was after he came to middle
ajjfe. Jhle was a native, I have been told, of Lebanon in this state, and
caiue to New Milford, I know not how long ago. He was, how-
ever, a married man at the time. He had no children ; but a large
tuimber of negroes, whom he treated with kindness enough to j)ut
to shame the reproaches of all the abolitionists in Xew Hnglanfl.
He was a man of strong mind, of rigid morality, and religious to the
letter according to the strictest sect of orthodox episcoi)acy. He
adored Charles I. as a martyr and he hated ( )liver Cromwell worse
than he did the evil one. Loyalty, unconditional loyalty, was the
prime element of his jiolitical creed. ( )f course, his name was not
found in any Hst of the wicked Whigs of the Revolution, and had he
lived in these days, he would most thoroughly have eschewed democ-
racy and abolitionism. On the breaking out of the Revolutionary
war, his loyalty necessarily silenced his voice in court, and he died
soon after its conclusion. Lawyer Thatcher, as he was always
called, was undoubtedly, a very odd. a very honest and a very good
man. I wish there were many such men now. both on account of
the good example they would set, and the hanuless anuisement they
would afford.
DAXIKL EVERITT.
Daniel Everitt was a native of Bethlem and settled in Xew Mil-
ford as a lawyer, some time during the early ])art of the Revolu-
tionary war, probably as early as '76 or 'yy, possibly earlier, as from
a record I have access to I see he was married to a daughter of the
Rev. Nathaniel Taylor on the first of January, 1778, and I remember
that he lived here some time before that event. He had not a colle-
giate education, but was a man of good education and received an
honorary degree. He read law w^ith Judge Adams of Litchfield, and
I remember to have heard him say, that he occasionaly officiated in
Mr. Adams' place as state's attorney, when he, ( Adanis') was absent
in Congress, which he often was. during the war of the Revolution.
Mr. Everitt was a man of much wit. boundless extravagance of ex-
pression, quick conception, and in command of language ami fluency
of utterance, unsurpassed, but not a man of much dci)th of mind n<>r
had he much legal learning: his library extended little beyond
Rlackstone and Jacobs' Law Dictionary. He had. I believe, a very
good run of practice, when the Court really opened to do civil busi-
ness, after the conclusion of the war. His success in this respect
was, however, of rather short duration : a number of younger law-
4-2 LITClll-lKI.D COUNTV iiKNCli AND liAR
vers having about that time commenced practice here, anil other cir-
cumstances conspired to carry business away from him. and he never
recovered it. While studying- law I heard him argue a case or two,
keeping the Court house in a roar by his wit and sarcasm, but by the
time I was admitted, viz. in '95, he had about given up attending
Courts at Litchfield, though he was not fifty years of age — and indeed
lie was. I think, but fifty-seven when he died in 1805. I met him,
however, a few' times, before Arbitrators and Justices, and had
enough to do to parry his home thrusts of good natured wit. Refore
him I often went, as he tried almost all the Justice cases, which he
always did with entire integrity and usually came to a correct con-
clusion. He represented this town. I think three times in the general
assembly, and as a member of the convention which ratified the Con-
stitution of the United States. He was a man of strict honesty, en-
tire moral rectitude of conduct, and a ]irofessor of religion. He was,
however, much given to sociality, and to that conviviality which some
time borders on a kindred indulgence. Mr. Everitt succeeded the
late Col. Samuel Canfield as Judge of Probate in this district in
1790. and held that office till his death at the time above mentioned.
TAPPINX REEVE.
I saw much of Judge Reeve's practice at the bar for nearly
five years, during which time he was engaged in almost every case of
importance tried in the Superior Court at Litchfield, and never failed
to argue every one in which he was engaged, if argued at all. In the
County Court, after I became acquainted with him. he did not prac-
tice. His school had become numerous, and he gave u]) his practice
in that Court because ( I suppose. ) it too much interrupted his course
of daily lectures, and knowing as he did that he should have a part
in every cause expected to be tried in the Superior Court. And, by
the way, trials were then managed and got through with in a reason-
able time, and not sufifered to l)e dragged out to the abominable and
shameful length which they now are. to the disgrace of the Pro-
fession for indulging in it. and of the Courts for permitting it.
I joined Judge Reeve's school in the fall of 1793, and he was not
placed on the bench till the spring of 1796, so that I saw him at the
Bar during nine sessions of the Superior Court, and never failed to
listen to him. if I could avoid it, with unqualified love and admiration
through every speech he made, to its conclusion. T say li'ith loz'c, for
no instructor was ever more generally beloved by his pu])ils. and in-
deed entirely so except it was by those whose love would have been
a reproach to the object of it. As a reasoner. he had no superior
within the compass of my observation of forensic performances. I
mean true, forcible and honest reasoning. Tn so]>histry, he was too
r.OAKDMAN S SKI-.TCUKS 43
honest to indulge, and too discerning; to suffer it to escape detection
in the arj^unient of an adversary.
As a speaker he was nsually exceedingly ardent, and the ardor
he displayed appeared to be prompted by a conviction of the justice
of the cause he was advocating. His ideas seemed often, and indeed,
usually, to flow in upon him faster than he could give utterance to
them, and sometimes seemed to force him to leave a sentence untini.'-h-
ed, to begin another, — and in his huddle of ideas, if 1 may so express
it. he was careless of grammatical accuracy, and thcjugh a thorcjugh
scholar, often made bad grammar in public speaking. Careless as
he was of his diction and thoughtless as he was of ornament in ordi-
nary cases, yet some elegant expressions and fine sentences would
seem, as if by accident, to escape him in almost every speech. Hut in
such cases as afforded the proper field for the display of eloquence,
such as actions of slander, malicious prosecutions, etc., and in that
part of such cases as usuall\' ])rompt to exertions of the kind, his hur-
ried enunciation and grammatical inaccuracies, all forsook him, and
then he never failed to electrify and astonish his audience. Many of
these used to be recited to me by those who had often heard him and
it fell to my lot to witness one such occasion. In an action for mali-
cious prosecution, in closing the argument, on entering ui)on the sub-
ject of damages, he burst forth into such a strain of dignified and
soul-thrilling eloquence, as neither before nor since, has ever met my
ear. The first sentence he uttered thrilled through every nerve of my
entire frame to the very ends of my fingers, and every succeeding
sentence seemed to increase in overwhelming effect. I was perfectly
entranced during its delivery, and for an hour afterwards I trembled
so that I could not speak plain. His manner was as much changed
as his language, and to me he looked a foot taller than before. The
next day I went to him and asked him to commit to writing tlie con-
cluding part of his speech, to which request he said in the simplicity
of his nature, "Why, if I should do that, perhaps 1 should make it
better than it really was, and that would not be fair." We told him
(Mr. Bacon was with me,) there was no danger of that, for we knew
it could not be bettered. Well, he said he would try, but he did not
know whether he could recall it to memory, for there was not a word
of it written before hand. A day or two after he saw me in Court,
behind his seat, and beckoned me to him and said he had tried to
comply with mv request, but it was so gone from him that he could
make nothing of it.
I believe I have said enough in regard to Judge Reeve as an
advocate, and that is the extent of your enquiry. As a Judge, you
are acquainted with his reputation, historicallw though you probably
never saw him on the bench, as he left it nearly thirty-nine years ago.
to wit, in May, 1816, to the regret of all admirers of legal learning
and lovers of impartial justice.
.■\s I loved and admired Judge Reeve while living, and mourned
him when dead, I love to think and talk of him now that I have at-
44 I.lTCHRKI.n COINTV HKN'CIl AND 1!.\R
tallied to a greater age lluin he ditl. though he reached some eighty-
four years, and 1 feel tempted to obtrude upon you some such leading
incidents of his life as I am in memory ])ossessed of, and which can-
not he much longer retained.
Judge Reeve was the son of a I'resbyterian clergyman and was
born on the south side of I^ng Island. He was educated at Prince-
ton College, where he graduated in 1763 at seventeen years of age
as I have heard him say. He was immediately appointed tutor of
the grammar school connected with the college, and in that station
and as a tutor in the college itself, he remained seven years. He
then came to Connecticut to study law. which he prosecuted in the
office of Judge Root, then a practicing lawyer in Hartford, and as
soon as he was admitted to the bar he settled in the practice at Litch-
field. This 1 su])pose to have been in 1772. He had previously
married Sally Burr, the eldest child and only daughter of President
Hurr of Princeton College, and the sister of the celebrated Aaron
P>urr. who was a pupil of Judge Reeve in the grammar school. The
Revolutionary war liaving commenced within a short time after he
came to the bar. there was but little civil business done in the Courts
until its conclusion, or nearly so. He therefore early betook himself
to giving instruction to young gentlemen who looked forward to the
legal profession for support and advancement in life, when the cir-
cumstances of the country would allow of its exercise. This employ-
ment tended greatly to systematize and improve what stock of legal
science he already had acquired, and aided by his uncommonly fine
talents and native eloquence early secured to him, the deserved rep-
utation of an able lawyer. About the close, I believe, of the Revolu-
tionary war, either through an acquaintance with the late Judge
Sedgwick or otherwise he was introduced to some practice in Berk-
shire County, and in the celebrated crifn. con. case of Winchell vs.
Goodrich, gave such a display of his oratorical ])owers as astonished
the natives, and that, together with the conspicuous i)art he took with
Judge Sedgwick in the great case of General Ashley's negroes, which
])Ut an end forever to slavery in Massachusetts, he established a rep-
utation which ensured him business there as long as hisr avocations at
home allowed him to attend to it. This however, I believe, was not
very long. The delicate health of his wife, and his great professional
business at home induced him to forego any business which called
him abroad, and to utterly decline any sort of public ai)pointment
whatsoever, during her life. She died to the dee]) grief of as devoted
a husband as ever lived, a few months before it became necessary to
fill two vacancies in the Superior Court, occasioned by the death of
Chief Justice Adams and the final extinction of mental ca])acity in
Judge Huntington — and to one of those vacancies Judge Reeve was
api)ointed.
I nnist draw this long letter to a close. It is enough to say.
that no act of Judge Reeve's life ever, in the least degree, lessened
the admiration and respect entertained for his capacity, integrity and
HOARD MAX s ski;tiiii;s 45
learninj^, or even (liiniiiishcd the esteem aiul affection cherisiie<l for
the sjx^tless purity of his moral deportment throug-h a lon^ life, nor
the reverence extorted from all for the deep relij^ious impression
which adorned his old a^e and perfected his character. He was, I
presume, in \-outh extremely handsome.
JOHN AI.I.KX
John Allen was horn in C.reat l)arring"ton, Mass., sometime, I
helieve, in 17O2, of respectahle parents, thouj^'h not distinji^uished in
society, as I rememher to have heard him say that he was the son of
a j(Mner. There were hut two children in the family, a son and a
daughter, hoth nmch distinguished in life for many good qualities,
and es])ecially for dignity of manner and deportment, but the 7\.'i)niiiiij;
and amiable accomplishments all fell to the lot of the female, gaining
her many admirers and among others, an husband worthy of her, in
that excellent man, Elizur Goodrich of New Haven. Their father
died during the minority of both children. Mr. Allen, having an
excellent common school education, though not a classic education,
became a teacher, and being impelled by a spirit of adventure, some-
what romantic as he was thought in those days, went suddenly, and
without the knowledge of his friends, and while yet a minor, to (ier-
mantown near Philadelphia, where he obtained a place as instructor
of the young classes of an academic establishment of some note at
the time. How long he remained in the above mentioned establish-
ment I do not know, but soon after leaving the ])lace, and 1 believe
almost immediately, he came to Xew Milford, and taught a school for
some six months, and from here went immediately into Mr. Reeve's
law school, and after the accustomed period of study was admitted
to the bar, and immediately settled in practice in Litchfield, where
he spent his life. He confined himself almost entirely to the practice
of Litchfield County, though occasionally when called, in consequence
of the eminence to which he soon attained in the profession, he ])rac-
ticed in other counties, in some cases of importance, and especially in
the Federal Circuit Court, in which, for a few years after the forma-
tion of the present Constitution of the United States, some consider-
able business was done. Mr. Allen, however never went abroad in
quest of business, thinking that the very great share of Attorney busi-
ness which he acquired in being always found in his ottice, equal,
at least in point of profit, to what counsellor business he might obtain
by attending Courts in other counties, considering that all the coun-
sellor business flowing from the attorney business which he did. he
was sure to be engaged in. From the time I entered the law school
in the fall of 1793, I occupied a room in his office, and had free ac-
cess to his ample library and boarded at the same house with him.
During all that time, and all the remaining years of his prosperous
46 I.ITllll-lKI.I) ColNTN I;i:Nc11 AM) HAK
practice, whicli iiulcctl lastctl till the apparent coininenceinent of his
rapid decline, soon followed by death, he was engaged in almost every
case of any importance in the Superior and County Court. He was
certainly, a very successful and powerful advocate, ecjually with the
Jury as with the Court, a thoroughl\- read lawyer, ecpial in point of
legal science to any one at our bar during the fore part of the tiiue I
am speaking of. except Tapping Reeve, who had no rival, and in the
latter part of the period, James Gould, of whom I need say nothing
as you knew him in his meridian light. Mr. Allen always made dili-
gent and faithful preparation of all cases committed to his care, and
made himself fully acquainted with every point of law and every ac-
cessible ])oint of evidence which could arise in the case, and was
therefore usually successful when the case deserved success.
If I knew that you ever saw Mr. Allen. I would omit any attempt
to describe his personal appearance, for I am sure any one who ever
saw his colossal form and imposing visage, would never need to have
him described in order to recall his appearance. He was six feet four
or five inches high, very erect and with an attitude and walk well
calculated to set off his full stature, and though ([uite lean, weighed
full 230 pounds. His countenance was strongly marked and truly
formidable, his eyes and eye brows dark, his hair dark, what little he
had for he was quite bald, far back, even before middle age, and in-
deed his whole appearance was calculated to inspire dread, rather
than affection. His manner and conversation were, however, such
as to inspire confidence and respect, though little calculated to invite
familiarity, except with his intimates, of whom he had a few. and
those, knowing the generous and hearty friendship of which he was
capable, were usually, much attached to him and ready to overlook
all his harsh sallies, imputing them to the "rough humor which his
mother gave him." His feelings were not refined, but ardent, gener-
ous and hearty. His friendships were strong and his aversions equal-
ly so — and as I used to say of him. speaking to others, "his feelings
were all of the great sort." He neither enjoyed nor sutTered any
thing from many of those little incidents which so often affect, either
pleasingly or painfully, minds of a more refined texture. As he had
no taste for such things, nor, as it would seem, any faculty of ]ier-
ceiving, so he knew no language appropriate to their description, but
in respect to those things and ])rincii)les which he thought worthy of
his regard, he lacked no power of language to make himself fully
and forcibly understood. For neutral ground, either in morals or
I)olitics. he had no taste, and but little less than absolute abhorrence.
As a specimen of his feelings and language, better than 1 can des-
cribe, I will give you the laconic answer to an encpiiry of him, why
he took the Aurora the leading democratic paper in the counts, then
imder the guidance of that arch democrat, Duane; he rei)lied it was
because he 2V(Uitcd to k)iow "a'hat thry tit/'c about in flu- iufcr}ial
ri\i;;{o)is. And after giving this siK'cimen 1 need make no futher at-
tempt to give you an idea of his humor, manners and language.
I'.OARD.MAN S SKl'/rCIIKS 47
After Mr. Allen was niarrictl, wliieli was not nil he was t<nvar<ls
forty years old, and went to house kecpinj^, I boarded at his house at
his express solicitation for many years while attending Court ; thouj^h
he took no other one, nor ever named to me any price, n<jr would he
count the money 1 handed to him when leavinj^ for home, seeminj^- to
receive it only because J refused to sta\ on ans (Hher terms. I there-
fore saw much of him in his family, where his conduct was always
dignified, proper and kind, lie was proud, very proud, and justly
so, of his wife, who was a woman of much personal beaut\', ]K)lished
manners, and great and even singular discretion, and for whom he
entertained, I believe, an ardent affection.
Jk'fore his marriage and at the age of thirty-five Mr. Allen was
elected a member of the fifth Congress, where he distinguished him-
self at a time when Coimecticut was never more ably represented in
the House of Representatives, and would undoubtedly have been cIkj-
sen for as long a period as he would have desired to be a member of
that body, but he declined a further election. He was elected an
Assistant in 1800, and was re-elected for the five succeeding years,
and as such was one of the Judges of the Supreme Court of Errors.
For several years, previous to his election to Congress, he had repre-
sented the town of Litchfield in the C.eneral Asseml)ly. His wife was
a grand daughter of the first Governor Griswold. His only .son, the
Hon. John Wm. Allen of Cleveland, Ohio, has been a member of
Congress from that State and is now a very distinguished man there.
His only surviving daughter resides also in Cleveland, and is the
wife of her brother's immediate successor in Congress. Mrs. Allen,
after a rather brief widowhood, accepted the hand of a Mr. I'erkins
of Oxford in the State of Xew York, a man of rcspectahilitx and
wealth.
J?.\KZ1 I.LAI SI.(JSSOX.
The request, which is the subject of yours of the 4th inst., is too
alluring in its nature to be long unattended to. So nearly am I alone
in the world that an invitation to hold converse about those of my
age and standing in life, and who have now slumbered in the grave
for more than forty years, and especially those who were so much
beloved and esteemed as were those of whom you solicit my at-
tention, is (|uite irresisti])le.
In speaking of Mr. Slosson. I must first observe that I had form-
ed a tolerably correct notion of him before I ever saw him. When I
was a boy his father was often at my father's hcnise, intimately ac-
quainted there, and I believe, scarcely ever passed that way without
calling and holding a pretty long chat, for he was never in a hurry,
and his peculiar turn of mind, abimdancc of common sense, and great
fund of wit. joined to his singular! \ slow. emi)hatic and sententious
48 I.lTCilKlKI.D COUNTY BENCH AND RAR
mode of talking-, was such as to secure the attention of any one. and
especially a boy. He used, occasionally to speak of his children, and
especially of his' oldest son Barzillai, of whom he was manifestly very
proud. re])resenting: him to be always at the head of the school when
small, and afterwards used to speak with high gratification of his in-
tlustrv and tact at accpiiring the higher branches of knowledge with-
out the aid of an instructor, and more particularly the knowledge of
the dead languages, of which he knew nothing himself. And this
account given by the old gentleman, from intimate intercourse and
frequent conversation with his son. when I afterwards became ac-
quainted with him. 1 found was by no means exaggerated. And to
his excellent and accurate common school education, he owed much,
verv much of his character for exact accuracy and correctness in all
that he said and did through life. He was about the best reader I
ever heard, wrote a fair, handsome and legil)le hand, and in the un-
failing correctness of his orthography and use of terms, no lexico-
grapher excelled him. and in everything pertaining to mere English,
iiome and common school education, no one appeared to be more
thoroughlv proficient. And in Greek and Latin T never saw his su-
perior, except old President Stiles, nor with that exception perhaps,
his equal, unless it was old Parson Farrand of Canaan, and in the
other branches of collegiate education he was, to say the least, above
mediocrat\ . As he entered college not until the senior year, and. I
believe, did not even attend during the whole of that year, he
could not. of course, expect to shine and did not shine in the college
honors depending uj^on the faculty, but he availed himself of the right
to become a candidate for the honors of Dean Scholar, and obtained
the first premium for excellence in Greek and Latin, in a class of
unusuallv high reputation. This. I suppose, he did merely, out of
a laudable pride, for he did not avail himself of the pecuniary re-
ward wdiich would have required him to reside in Xew Haven ; for
he went, immediatelv after his graduation with one of his class-
mates (Mr. afterwards the Rev.' Dr. Smith.) to reside in Sharon,
as one of the instructors in the Sharon Academy, then in full and
successful operation. He soon after became a student at law. under
Gov. Smith's instruction, and the first County Court which sat after
his two year's clerkship had expired, being in Fairfield County,
he went, there for examination and admission to the liar. This
was I believe at the November Term. 1793. It was not until he
began to attend Court at Litchfield, and while T was in the law^school
there, that I first became i)ersonally ac(|uainted with Mr. Slosson
though 1 had barely seen him once or twice l)efore. .\fter my adnns-
sion to the P.ar, being located in adjoining towns, we often met each
other before Justices, and conse(|uently before the ui)per courts.
From our frequent meetings and intercourse at Litchfield and else-
where. I became greatly attached to him. and finally, tor a number of
years he and I. with Southmayd for our constant comi)anion. always
occupied the same room at Catlin's Hotel during every court until his
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I'.OAKDMAN S SK l-.'H' 1 1 I'.S 4*)
(katli and iluir wa.s tin- lasi liiiic I v\cv >a\\ liiin in lilf. Sonn atlcr
tlic (.'nun a(li<iurnc(l. licariiiL; of his rapid dtclinc, I set out to visit
him, and on the way, heard that he liad (Hed the night before. I how-
ever went on and stayed with the family until 1 assisted in buryinj^j
him. This was in January, 1813, and in that grave I felt that I had
buried a sincere, and I am sure, a nuich loved friend ; on whose char-
acter and conduct in life I could reflect with melancholy satisfaction,
unmarrcd by a single reproachful recollection or one which I coul<l
wish to have forgotten.
Mr. Slosson liad been out of healtli for a very consi<lerable tinie.
and fears were apprehended on his account, in which he fnll\ and
rationallv i)articipated. So gradual, however, was the operation of
his disorder, that he continued his attention to business until some
three or four weeks before his death. He attended court at Litch-
field, the first and I think the second week of the December term,
the month before his decease.
Mr. Slosson's great fondness for ancient literature, rendered liini
scarcely just in his comparative estimate of that with modern im-
provements. As a lawyer he was highly respectable in theory and
remarkabl} accurate in practice ; as a pleader. I do not remember
that he ever had occasion to ask for an amendment, or to alter a title
of what he had written. As an advocate he was clear, deliberate,
methodical and logical in his deductions. He spoke in much of the
peculiarly emphatic manner of his father, above mentioned, though
not with his unusual slowness. He was always cool and self-pos-
sessed, rarely warming into any high degree of animation, or aiming
at eiTect to appear eloquent, but he never failed to secure a respect-
ful and satisfied attention. Though not one of the most leading
advocates of which there are always some three or four at an\- I'.ar.
he might, at least be estimated an ecpial to any of the second class
of the Litchfield P.ar which was then, certainly, a highly res])ectal)le
one.
Though not an aspirant after public preferment, and from his
habitually modest and retiring habits, not calculated to push his way
where opportunities offered, he was yet, at the time of his decease, in
a fair way of promotion. He was early and often elected to the
legislature from his native town, and in(ieed their usual representa-
tive until the October session, 1812, when he was elected Clerk,
which in those days was a sure stei)i)ing stone to further advance-
ment, and having myself been a witness of the manner in which he
performed the duties of that otlice, for which no man was better
qualified. I am sure he established a reputation, which, had Provi-
dence permitted, promised a solid and lasting existence.
Mr. Slosson's i)olitical opinions were of the genuine Washingto-
nian, political school. Xone of your heady, rash, and merely parti-
zan notions found favor with him. He was a constant and honest
adherent to the jxilitical views then prevalent in this State. He
left a widow and two sons— the oldest b'lm William, has been and I
50 i.n\iii"ii:i.i) coiNTv hi:ncii and bar
l>elic\c now is a nicrcliant in Kent. 'iMic second son, Nathaniel, a
very i)roniisinij^ boy. was. I believe soon after his father's death, taken
under the care of liis uncle, William Slosson, a distinguished lawyer
of New York, and was by iiim educated at Union College and for
the I'ar. and died soon after his admission.
The foregoing sketch of the leading incidents in Mr. Slosson's
life, may be a suHicient indication from which to deduct his true
character, but I nuist indulge myself in adding, that 1 never knew
or heard of a single act of his life, either in youth or mature years,
that left even a shade upon his reputation. Cool and deliberate in
his temperament, never hurried away by enthusiasm, for enthusiasm
never manifested itself in his nature, except in his passion for ancient
literature, he was sure to think and act with propriety. He was
nevertheless wariu and faithful in his attachments, but not so far as
to warp his ct)nscientions regard for integrity. He was perfectly
just and generous in his intercourse with the world, honest in his
predilections and uncompromising in his love of virtue and detesta-
tion of vice. In morality his principles were without a taint and his
practice through life in conscientious conformity with them. In re-
ligion he was a firm and steadfast believer in the great doctrines of
the gos])el, though not a public professor. His ])rincij)les were those
of true rational Calvanism, unswayed by vindictive zeal or hysteri-
cal weakness.
You observed in your letter that you never saw Mr. Slosson. He
was a small man, not much, if any. under medium height, but of slen-
der frame and countenance. Though not dark complexioned his
countenance was rather dusky, his skin not clear, his features though
far from handsome bespoke intelligence and were therefore not dis-
agreeable. His general appearance was more like that of the late
Leman Church than any other member of the Bar I can think of,
though he was somewhat larger and more erect.
SAMIKI, W. SorTll.MAVI).
In the life, conduct and character of Sanuiel \V. Southmayd there
were some peculiarities, such as render it a matter of difficulty to des-
cribe him in such a manner, as to make them intelligible to one who
did not per.sonalIy know him.
I never saw, or heard of him until I became a member of the law
school in the fall of the year 1793. of which he had then been a mem-
ber about one year, I believe, and of which he continued a constant
attendant <luring the eighteen months which I spent there. He was
admitted to the P^ar the next term after 1 was, to wit: September
Term, 1795, and passed as good an examination as I ever heard
there, or elsewhere, he having been for the full period of three years
under judge Reeve's tuition. He was a native of Watertown, where
r.oAKDMAN S SKHTCIIKS 5I
1k> se'ttkd ill practice, ami w luTc lie spent his lite. Like Mr. Slossoii,
he had an excellent coninion school education, licvond that, ills ac-
<|nirenients did not extend far in an academic course — enou{:(h, hovv-
o\'cr. I l)elieve, to enable him to understand the homely law-latin used
in our hociks. Few have entered ui)on the practice of law. with a
hetter store of legal learning than Mr. Southmayd, but the place in
which he settled was not calculated from its location and the habits
of the i)eople. by no means litiguous. to furnish much practice, and
he was too honest to promote litigation; and furthermore, he had no
legal adversary there exce])t an old gentlemen wIk) never had any
more legal learning than was necessary for a Church Warden, anrl
whose ignorance made him the victim of Southmayd's merry witch-
ery and innocent cunning, of both of which he had a superabundance,
though he never indulged in malicious, or even very serious mischief,
and indeed in none except such as would do to relate for the purpose
of making fun in merry compan\ . Anecdotes of that descri])tion
used to be related in great numbers. As a pleader, Mr. Southmayd
was alwavs sure to have all in his drafts which was recjuisite and ])er-
tinent to the object in view, and in all his declarations, afifording
room for coloring circumstances to be inserted, there was pretty sure
to be found, slyly slipped in. some ingenious slang whang, or South-
maydism. as we used to call it. He was not ambitious of arguing
cases in Court, but when he did. he always displayed much ingenuity,
and attracted respectful attention from the audience as well as from
the triers. And before arbitrators, referees and committees a more
formidable opponent could hardly be found. And although his prac-
tice was not large, and as was observed of Mr. Slosson he was not
among the leading practitioners at the Litchfield Bar, he was certain-
ly a very respectable lawyer, upon a par with the foremost of the sec-
ond class, and much beloved and respected by all whose good
opinions are desirable.
As was observed in the outset, there were peculiarities in Mr.
Southmayd's private character and deportment, which it is difficult
to describe or reconcile. Though of a benevolent disposition and full
of good nature and kind feelings, there was yet in him a vein of ad-
venture after intellectual amusement, which, from its very nature,
could not be gratified but at the expense of others, and often to such
an extent as to render them ridiculous in the view of third persons
to whom the results of the adventure was related. I have many
times joined most heartily in the laugh at the relation of the result
of many such seemingly innocent ]Meces of roguery, though I could
not help condemning the mischief, while participating in its fruits.
In all such indulgences. Southmayd never entertained the least ma-
lice, for his heart was a stranger to it. but his intense love of fun. and
enjoyment of the ridiculous often imi)elled him to go beyond the line
of honest i)ropriety. I used often to reproach him with it. but my
admonitions were no{ well calculated to take effect, when given at
the close of a hearty laugh.
52 I.ITCII l-li:i.|) (.'OIN'IN' r.l'.NcIl AM) i:.\K
From wliat 1 have been saving of Mr. Southmayd you would. I
presume, be ready to conclude that he was one of the most cheerly
and hap])}- of men. Ihit the case was directly the reverse, and durin.ij:
a considerable period of his life, and that too, the most valuable part
of it, he was a very unhajip}' man, indeed, and I have no doubt he had
recourse to nuich of the indulj^ence of that i)eculiar ])ropensity 1 have
attempted to describe for the purj^ose of dis])ellin^ a mental malady
which for a lonj^ time oppressed and preyed upon his heart, lie was
for many years the victim of the stronj^est species of hypochondria
that ever mortal man was. It never showed itself in long fits of set-
tled melancholy or monomania, but in sudden fits and starts. After
hours of cheerful conversation, and while in entire health, he wouUl
suddenly complain of great distress, and exhiliit unmistakable evi-
dence of great terror and ap])rehensions of immediate dissolution.
One very extraordinary instance I will relate. He and 1 had been
alone many hours, conversing and reading together, and he, not in
the least complaining, when he at once sprung from his seat, and with
a scream as would have alarmed me, had it been any other person,
and ])ressing both hands upon his Ijreast he exclaimed that lie was
going to die immediatel\". 1 stepped to him and gently and calmly
said to him, "don't be alarmed, you are not going to die" — for we
never treated him as if he thought his distress imaginary, — and put
my hand gently upon him to lead him to the bed, when he raised one
hand from his breast and thrusting his finger against the side of his
head, declared, with another outcry that something was passing
through his head. I persuaded him to lie down, telling him the feel-
ing would ])ass oiT in a few minutes, but he continued to grc-)an for
some time. I, knowing what would cure him, took up and began to
read to him one of lUirke's finest essays which lay by me, and turning
to a passage of extraordinary elo{[uence read it ; on which he s]^rung
up on end in the bed. and exclaimefl "was ever anything finer than
that!" I continued on reading, and in the course of half an hour he
was well and cheerful as ever. This was the most extraordinarx- in-
stance 1 ever saw in him, but those in a degree like it were frecpient.
He always went to bed an hour or two before Slosson and 1 did. he
saying that he never was able to get slee]) until he had gone through
a great deal of such feelings as he never would attempt to describe.
Mr. Southmayd was greatly esteemed in his native town, 1\v, T
believe, almost every one, both old and yoimg. He was early in life
sent to the legislature, and that often, and was so. 1 know, the last
year of his life. lie died of lung fever in March. 1813. about twi^
months after the death of his friend i^losson. At the l\'ceml)er
Term, 1812, the three who had so long occu])ie(l the same room in
perfect harmonx . wiTe, tor the last time there together. At the I^'el)-
ruary Term of the Su])reme Court. Soutiima\(l and I occupied it, but
felt that we were in solitude, and in the next term it seemed to me,
most emi)hatically. a solitude, and more like a family vatilt than like
an abode for living men. and I believe I have never been itito it since.
i;() ashman's SKl'.'I'illIvS 53
Mr. Soutlimavd \v;in iiii(lMul)lr<ll\ an ImiKsi and lionorablc man,
of unciinmion jjlrasin^ nianniis ami inmli l)t'lii\t(l. .-ind 1 never heard
that he had an enemy. Indi-ed die amenity n\ his manner and the
j^enllene.ss of his temper ahiiost iDrhade it.
The family to which Mr. Southmayd ljel(tn,i;ed was of the Con-
<(res4ati()nal order, and tw" <>1 his sisters married Con^rei^ational
cleri^ymen. lie, howexer, jnined himself to the F,i)iscopal chnreh of
which lie was a memht'i- after he settled in life, and of which, 1 he-
Heve he was a conunnnieant, l)nl am not sure. lie died unmarried,
and 1 believe in the 39th or 40111 year of his age.
JOHN COTTON SMITIT.
At your request, I now inform you, that the Hon. John Cotton
Smith, 'only son of the Rev. Cotton Mather Smith of Sharon, was
born there on the 12th day of February, 1765. It is said that for the
first six years of his life his instruction and training was ahnost
wholly conducted by his excellent mother, and to her government
and precepts he is said to have attributed much of his extraordinary
success in life. His common school education, as exhibited in after
life, must have been of the most exactly accurate kind. His class-
ical instruction preparatory to entering college, was commenced at
home, and completed under the tuition of the Rev. Mr. Brinsmade
of Washington. He entered Yale College in September. 1779. when
between fourteen and fifteen years of age, and though young, main-
tained a high standing in his class, as apjjeared l^y the share he had m
the exercises of the commencement at his graduation, the ai)i)ointees
being less than one-fourth of the entire class. Immediately after his
graduation in September. 1783. he entered as a law student in the
office of the Hon. John Canfield in his native town, and there con-
tinued until he could be bv law admitted to the T.ar. which was in the
March Term. 1786. a month after coming to twenty-one years of
age : and Mr. Cantield. his legal preceptor, having died a few months
after his admission to the Bar. a large portion of business for a long
time habitually flowing for management to Mr. Canfield's office, he
having for manv vears been one of the ablest lawyers of the County,
Mr. Smith's commencement in business was thereby attended by for-
tunate circumstances, and he inijiroved them with becoming industry,
and from the verv first found himself in a lucrative practice, which
continued to increase until called into absorbing public business.
He was first elected to the legislature in 1793 and fre(|tiently after-
wards ; indeed, from 1796 to October. 1800 he was constantly a mem-
ber, and during the two sessions of 1800 was speaker of the house,
and while occttpving that station in the October session he was m-
formed bv the Goveror that he was elected a member of Congress
to fill a vacancv which had occurred f(^r the then approaching last
54 i.iixii i'ii;i.i) (.oiNTN i;i:m.ii and i;au
session of the Sixth L'oii^rcss, an<i also for the full term of the
Seventh Congress; soon after whieh information, he resigned the
chair in the house, and returned home to ])re])are for assuming" his
newly assigned duties. It so happened that the extra session to
which he had been chosen was that, which. 1)\ law. was to be holden
at the new C\{\ ni Washington, whither he repaired and served
through that term, and tiie Seventh Congress ; was re-elected to the
J'.ighth and again to the Ninth Congress, at the expiration of the
Ninth Congress he declined any further elections to that honorable
ljod\'. During his congressional career he did not participate much
in debate, but his fine talent at presiding was early discovered, and
caused him frequently to be called to the chair when the House was
in committee of the whole, and he thus presided during some of the
most memoralile debates which distinguished those days. He was
during all but the first session, a member of the committee of claims
while in Congress, and during the Eighth and Ninth Congress at
the head of that committee, though in the minority. In May, 1809,
]\Ir. Smith was appointed a Judge of the Superior Court, which he
resigned in May. 181 1, on being elected Lieutenant-Governor; in
JMa\'. 1S13 he was elected Governor, and re-elected to that office until
1818, when, a political revolution having taken place, he retired
finall\- from pul3lic life. His administration of the gubernatorial
office embraced the greater part of the war of 18 12 and 18 15, and
his duties in all respects were performed with dignity, propriety
and grace.
After his retirement to private life much of his time was devoted
to religious studies, and his eminent Christian and literary accom-
l)lishments being extensively known and api)reciated he was selected
as the first president of the Connecticut llible Society on its estab-
lishment. In 1826 he was chosen president of the .\merican Board
of Commissioners for Foreign Missions, and in 1831 president of the
American Bible Society. In 181 5 he received the degree of LL. D.
As old age pressed upon him his hearing became impaired, and he
never would sufTer himself to hold iniblic stations when he could not
perform all their duties with liecoming grace, he resigned all his
])osts of honor, and on the 7th day of December he died in the 8ist
year of his age.
[n an eulogy delivered before the Connecticut Historical Society
b\ the kev. A\'. H. .Andrews, then of Kent, soon after the decease of
Mr. Smith, giving a concise but elocpient historical sketch of his life
and character, stating that he was admitted to the liar in Litchfield
Countv. and observing that at the time there was no bar in the state
which presented a more splendid array of legal forensic talents than
this, proceeds to state the standing which he at maturity acquired, in
the following words f|uoted, as he sa\s. from the comtmmication of a
well informed competent judge, long ac(|nainte(l with Mr. Smith at
the bar: — "He was esteemed, and justly so, an acciu-ate pleader, and
a well read and learned lawyer, and though some of those alluded to
i;ii Ai^DM AX s sKi;'i'ciii;s 55
c.\cce(k'(l liiiii in \n\w ami pi ipularily as an advocate-, iidik- of them
surpassed, and in my judi^nient. none of them equalled him in s^race
of manner and elegance of diction and utterance."
Early in life Gov. SmiiJi married Miss Marj^aret Evcrstjn of
Anienia, X. ^'.. a youn^- lad} of many accomi)lishment.s, who Hved
to old ngc. The issue of this marriag'e was only one child, William
M. Smith. Esq., of Sharon, a gentleman much esteemed for his
man\- virtues and eminent ]nety. .\ "grandson bearinti;- Ills name is
now tile Minister resident of the I'nited States to the court of
I'olivia. S<-)uth America.
NATItANItCI, SMITH.
(from Ifollistcr's History of Connecticut. )
"I received a line from my friend. General Scdj^vvick, stating
that is was your desire that he would ask of me, in your behalf, to
furnish you with some facts in relation to the late Nathaniel Smith,
and my views of his character, which might be of use to you in the
jtreparation of the work you have in hand.
"\ am of course aware that this ap]:>lication is owing to the ac-
cidental circumstance that I am the oldest, if not the only member of
the profession now living, who had much personal acquaintance with
tiiat truly able and excellent man. or saw much of him in the exercise
of his forensic or judicial talents. Judge Smith was indeed one of
nature's nobles, and considering the limited range of his early educa-
ti(-in. he had few equals and perhaps no superior in the profession
which he chose, and which he eminently adorned. You are doubtless
aware that Judge Smith had only such an education in childhood and
vouth. as the common schools of the country alYorded at the time. It
was such, however, as a boy of unusual capacity and industrious
halMts would acquire from such a source, and such as, under the
guidance of uncommon discretion through life, rarely permitted its
defects to be disclosed.
••When T first went to the Law School in Litchfield, which was
in the fall of 1793. ]Mr. Smith though not over thirty years old, was
in full practice, and engaged in almost every cause of any importance.
Indeed, he was said to have established a high reputation for talents
in the first cause he argued in the higher courts. It was ujion a trial
for manslaughter, which arose in his native town, and in which lie
api)eared as "iunior counsel, and astonished the court, the bar. and all
who heard him. Xot long afterwards, in the celebrated case of Jed-
ediah Strong and wife, before the General Assembly, ( she having aji-
plied for a divorce), he greatly distinguished himself again, and thus
became known throughout the state as a young lawyer of the first
promise : and the reputation thus early acquired was never sutYered
56 i,n\ii i-iij.i) (.oiNTN i;i:ncii and \\.\r
to taltcr. 1)111 on llic other hand. stcacHly increased in sLrcns^th nnlil
his elcxation to tlic bench.
■'Dnrini;- my stay in I.itchtield. and after my achni.ssion to the
l)ar. 1 of conrse saw .Mr. Smith, and heard him in almost all the im-
portant cases there; and as 1 was located in the south-west corner
town in the county, adjoining- Fairfield, 1 almost immediately obtain-
ed some business which, thoug^h small, was such as during- nearly all
my ]>rofessional life caused me to attend the courts in that county,
where 1 found .Mr. Smith as fully eng-ag"ed and as highly esteemed as
in his own county. Tn .\ew Haven 1 also knew lie had a very con-
siderable practice.
"It is wortliy also to be observed, in forming an estimate of Mr.
Smith's professional talent and character, that there never at any
period was an abler bar in Connecticut, than during his practice. In
Litclitield county, were Judge Reeve. Judge Adams, General Tracy,
John Allen, Judge Gould, X. B. l)ene(lict, and otliers ; at the Fairfield
county bar, were Pierpont Edwards, Judge Ingersoll. and Judge
Daggett, constantly from Xew Haven, Judge Edmonds, S. 15. Sher-
wood. R. i\I. Sherman, Judge Chapman, and Governor Bissell ; and
in New Haven, besides the three above named, were James Hillhouse,
Judge Baldwin, and others.
"As I suppose it not probable that you ever saw Judge Smith,
as he ceased to attend courts in 1819. and died wdien you was very
young. I will observe, what you have doubtless heard, that he was a
large and fine appearing man, much of the same complexion of the
Hon. Truman Smith, his nephew\ with whom you are all so well ac-
quainted ; less tall than he, but of rather fuller habit. His face was
not only the index of high capacity and solid judgment, but uncom-
monly handsome ; his hair was dark and thin, though not to baldness,
except on the fore part of the head, and was very slightly sprinkled
witii gray. His fine, dark eyes, were remarkably pleasing and gentle
in ordinary intercourse, but very variable, always kindling when high-
Iv excited in debate, they became almost oppressive. His voice was
excellent, being both powerful and harmonious, and never broke un-
der any exertion of its capacity. His manner was very ardent and
the seeming dictate of a strong conviction of the justice of his cause ;
and his gestures were the natural expression of such a conviction.
Mr. Smith's style was pure and genuine Saxon, with no attempt at
classic ornament or allusion. His train c^f reasoning was lucid and
direct, and evincive of the fact that the whole of it was like a map
s])rea(l out in his mind's eye from the beginning. His integrity was
always felt and dreaded by his opponent. He spoke with nnich
fluency, but with no undue rapidity : he never hesitated for or /loj,'^-
i^lcd at a word, nor did he ever tire his audience with undue prolixity,
or omit to do full justice to his case for fear of tiring them; and in-
deerl there was little danger of it. Though certainly a very fine
si)eaker, he never achieved or aspired to those strains of almost
I'.IJAKD.MAN S SKI'.'IC'llIvS 5/
siii)crluinian clcxiucncc with uliicli his old master Kccve, soinctimes
electrified atul astonished his audience, and yet, in ordinary cases,
lie was the most correct speaker of the two — thouj^h Judj^e Reeve
was. and he was not, a scholar. Mr. Smith, though (|uite unassum-
ing, and often receding in common intercourse and conversation, was,
when heated in argument, it must be confessed, often overhearing to
the adverse part}-, and. not only them, but to their counsel. l'])on
all other occasions, he appeared to be, and I believe was. a very kind
hearted, agreeable and pleasant man. To me, he always so a])pearcd,
and I have been much in his com])any.
"Mr. Smith came early into public life, and was fre(iuemly elect-
ed to the General Assembly from Woodbury. In 1795. he was elect-
ed a member of the fourth Congress; and in 1797, he was ciiosen to
the fifth Congress; but declined further election. In May, 1799, he
was made an assistant, and was re-elected for the five following
years, when he resigned his seat at that board in consequence of the
passage of the act in 1803, prohibiting the members of the then Su-
preme Court of Errors from practicing before the Court, lie re-
mained in full practice at the bar until ( )ctober, iSoC), when he was
elected a judge of the Superior Court, and continued to fill that office
until May. 1819. when the judiciary establishment of that year went
into operation ; from which time he remained in private life until
his death.
"In every public statical in which Mr. Smith was placed, he dis-
tinguished himself. He did so in Congress, at a time when our rep-
resentation was as able, perha])s, as it ever has been, and when the
character of tlie house to which he belonged was far higher than it
now is. In the Superior Court he was certainly very greatly respect-
ed and admired, as an able and perfectly upright judge.
"In private Hfe his name was free from reproach. .\ strictly
honest and pure life, free from any of those little blemishes which
often mar the fame of distinguished men. may. I think, be fairly
claimed by his biographer to be his due. .\s a husband, a parent, a
friend, a neighbor, a moralist and a christian. I believe few have left
a more faultless name."
XOATI r.KNXKT r.KXKDICT.
In further compliance with your late recpiest. I now place at your
disposal some account of the life, character and standing of another
highly esteemed member of the Litchfield County Bar.
The Hon. Noah Bennet Benedict was a native of Woodbury, in
which he resided during his whole life. He was the son of the Rev.
Noah Benedict, long the jiastor of the First Congregational Church
in that town. Mr. Benedict's earlv school education must have been
58 i.i'i\'iii-ii:i.i) c(U"NTv i!i;n(.ii and bar
correct and p^ood. as its fruits invaria1)ly showed itself in after life.
He }^Tadnated at Vale Colle<;e in v'^ei)tenil)er. 1788. when a little short
of eii^hteen years of as;"e. I lis lej^al studies commenced soon after his
graduation, which were. 1 helieve, pursued princii)ally. if not wholly,
in the otlice of his brother-in-law. Nathaniel Smith, afterwards so
hig^hly distinj^uished as a jurist, which was near the residence of Mr.
Benedict's father. As soon as he arrived to lawful age Mr. Benedict
came to the Bar. and for the remainder of his life, to wit: about
thirty-nine years, it is believed he never failed to attend every regular
session of the Courts holden at Litchfield ; and though he never habit-
ually attended Courts in other counties, he occasionally did so for the
purpose of arguing a particular case. During the long course of his
practice Mr. Benedict had an ample share of business, and for the
latter half of that period, he was. especially in the Superior Court, the
leading advocate, on one side or the other, in most of the trials either
to .the court or to the jury. His management of a trial was discreet,
his argument sound." sensible^ and being aided by the ■\vell known and
generally esteemed integrity of his character, had their due efifect.
He never attempted to play the orator or to attract attention by fine
turned periods, but contented himself with plain reascMiing. of which
he was no indifferent master.
At a very early period Mr. Benedict was a member of the legisla-
ture. But the political majority of the voters in Woodbury becom-
ing about this time and for long afterwards decidedly democratic,
proved an effectual bar to his political promotion, as far as depended
upon that town, but by the vote of the State at large he was elected
in 1813 one of the twelve assistants, (as they were then styled, who
composed the Upper House of the assembly), and was re-elected the
two following years; but in the year 1818 an entire political revolu-
tion took place in Connecticut, and Mr. Renedict shared the fate of
almost every one who held anv post of dignity or profit de])cn(ling
upon the public suffrage at large in the State, lie was subsequently
many years later elected once more to the Lower House. He was
also for several years Judge of Probate for the District of Wood])ury.
an appointment then depending upon the legislature. Mr. Benedict
was twice married, but left no living issue. He died in June or July
1 83 1, at the age of sixty, or in his sixtieth year.
In private life Mr. I Benedict was entirely unassuming, and a very
pleasing companion to all who could relish purity of moral character
and conduct, which his whole life was an eminent exam])le : his feel-
ings were peculiarly sensitive and delicate ; a loose or profane expres-
sion never escaped his lips, and indeed so fastidi(Mis was he in res]5ect
to the former, that it used to be a matter of anuisement with his less
scru])ulous associates in jocose conversation, to tease his feminine
delicacv upon such subjects. Though when alone and unoccui)ied
he had a propensity to indulge in somewhat gloomy retlections, yet
he was not averse to i)articipate in facetious conversation when due
■Bn'ir^^^'^^^H
HH
^H
fe'-.'yi
H^^^^^B
^^^^^1
^^^ni
^^H
■^K
lilt- f
H||^H
, MtT'
-•-
'H' *m
•■4'- 1
XoAii Bexxkt Benedict
From an old Paintinc:.
IK) \kipM an s SKKTe II KS 59
(lolicacv was observed, lie had a profound respect for rdi'^ion aii<l
was ill all res])ects a i^ood. a very ji^ood man.
Mr. Benedict was of somewhat less than inidlinj^ size, of a me<li-
iini eoniplexion, but his eyes and hair rather dark.
T.\Mi-;s cor I.I).
In conipliance. in part, with a re(|uest recently received from you.
1 now send you a brief and imperfect sketch of the literary and pro-
fessional character, standinj.^- and reputation of the \hn\. James Could,
who for a very considerable period of time contributed much to the
fame of the County and State for legal science, by his talents as an
advocate and especially as an instructor and as a judj2:e of the Sui)e-
rior Court ; with some account of his person and family. Mr. Gould
tlie son of Dr. William Could, an eminent physician, was born at
Uranford in this State in the year 1770. The j^oodness of his cnm-
mon school education is inferable from the perfect accuracy of it,
which showed itself in all he did or said in after life. He graduated
when a little over twenty-one, at Yale College, in September, 1791,
with distinguished honor in a class distinguished for talents.
The vear next following his collegiate course he spent in lialti-
more as a teacher. He then returned to New Haven and commenced
the study of law with Judge Chauncey ; and in September of that
\ ear he was chosen a tutor in Yale College, in which ofHce he contin-
ued two years. He then joined the Law School of Mr. Reeve at
Litchfield and was soon after admitted to the Bar. Immediately af-
ter his admission to the l>ar he opened an olVice for practice in that
town, where he resided during the remainder of his life.
On his first appearance as an advocate he evinced such an aj)-
parent maturity of intellect, such a self-possession, such command of
his thoughts and of the language appropriate to their exi)ression. tliat
he was marked out as a successful as])irant for ft)rensic eminence.
His progress in the acquisition of professional business was steady
and rapid.
Fortunate circumstances concurring a few years before his choice
of Litchfield as a field of his professional labors, in the removal by
l)romotion of two very distinguished practitioners at the Bar. ojKMied
the way to such a choice, and b\- like good fortune a similar event re-
moved one of the two only remaining obstructions in that town to his
full share in the best business as an advocate, the only business to
which he aspired. As a reasoner Mr. Gould was forcible, lucid and
logical : as a speaker his voice was very pleasant and his language
pure, clear and always appropriate. He never aspired \o high strains
of impassioned eloquence, and rarely, if ever, addressed himself to the
passions of the Court and Jury, but to their understanding only, and
6o I.lTCUFlKl.n COrXTY I'.KXCII AMI 1!.\U
was a very able, pleasino- and successful advocate. II is ars^ument was
a fair map of the case, and one sometimes engaged against him. but
feeling his superiority, observed, that he had rather have Gould
against him in a case, than any other of any where equal powers,
because he could perfectly understand his argument, and if suscepti-
ble of an answer could know how to apply it Tn his ])ractice at the
Bar he was always jK-rfectly fair and honorable. Within some two or
three years after Mr. (knild commenced practice. Mr. Reeve, the
founder and until that time the sole instructor of the Litchfield Law
School, accepted a seat upon the bench of the Superior Court. This
Court made it necessary for him to give up the school, or to associate
some one with him in its management, and to deliver lectures in his
absence upon the circuits. The Judge selected Mr. Gould as that
associate; and for a number of years they jointly conducted and re-
ceived the pupils of the School : and on the final retiring of Judge
Reeve from any participation in the instruction of the School", Mr.
Gould became its sole instructor and so continued until elevated to
the bench of the Superior Court in the spring of 1816. when he in
turn had to have recourse to temporary aid for the short time he re-
mained on the bench. Hut a thorough ])()litical Revolution having
taken place in this State, and a new constitution formed which entire-
ly new modeled the courts of law, Mr. Gould took no further share
in public employments : and his health being greatly impaired, he
never resumed practice at the Bar, but confined himself wholly to his
School during the remainder of his life, as far as severe infirmities
would permit. He died, as appears bv the College catalogue, in
1838.
Jn person Mr. Gould was very handsome. Of about medium
heighth, or perhaps a little over; l)ul rather less in body and limbs
than medium size. His complexion fair, with fine dark eyes and
beautiful l)rown hair; all his features good and in connection indica-
tive of nuich intelligence and good nature, and his form for symmetry
and gracefulness could hardly have been mended ; and in all res])ects.
in body, mind and education, he may lie tairl\- styled a finished man.
In private and social intercourse he was highh' ])leasing. facetious
and witty.
Soon afk'i" his settlement in Litchfield he married the eldest
daughter of the Hon. I'riah Tracy, so well known for his long and
distinguished ser\ice in the councils of the state and nation.
Mrs. Gould in jierson and mind was a fit wife for such a husband,
and partook with him in the hap])iness of raising a very numerous
and prduiising family of children.
Judge (jould wrote and published a volume of Bleadings. which
together with his fame as an instructor, gave him a distinguished
name among the eminent jurists of the eountrw
BOAUDMAN S SK I'. If Ill'.S M
ASA I'.AiON
Again in cumpliancc with your laU-r rc(|ucst lor further skclclK-s
of the Hves and profesional standing of the foruicr nicmhVrs of the
Litchfield County r>ar T transmit you a name which, though not dec-
orated by the civic honors annexed to some of them, I tliink highlv
worthy of a place in the series.
Asa lUlcon, the son of a very respectable and somewhat oi>nlent
farmer of Canterbury in this State, was born there on the 8th dav of
February, 1771. His early school and classical education was had
in that and neighboring towns in Windham County so far as was
necessary to a i)rei)aration for entering \'ale Cf)llege. which he did
in September, 1789 ; and during his collegiate course, sustained a verv
prominent standing in his class : and by his instructor and class-mates
was marked out as one who would make a distinguished figure in the
profession in which his talents and turn of mind ])l;iinly indicated
would be his choice. Immediatel} after his graduation in Se])tember.
1793. lie entered the oflice of (icn. Cleaveland in his native town as a
Law-student, and there remained about six months and then joined
the Law school at Litchfield, at that time, and for long before, under
the sole instruction of Tapping Reeve, Esq., afterwards Judge Reeve,
in which he remained until admitted to the Bar in September. 1795.
Soon after which, without consulting anybody or taking a single let-
ter of which he might for asking obtained any (|nantitv of tlie best
sort, with characteristic boldness and love of adventure in youth, he
left Connecticut for Virginia with a determination of establishing
himself in the practice of law in the latter state: an attempt, it is be-
lieved never before made 1)\ any one from L'onnecticnt. In order to
the accomplishment of which object, he found on arrival in \'irginia
that he had got to obtain a license from a majority of the judges of
the Supreme Court in that state, and diat too by visiting them at their
respective residences : for they were not in the practice of examining
and licensing candidates during the session of the court. This sub-
jected him to the trotible and expense of traveling over a great part
of the state; and this being accomplished, he determined to fix him-
self at Leesburg, the capital of Loudon county, and he accordingly
opened an office for practice there ; and being aided by a fine and
imposing personal appearance and promptness in manners, he suc-
ceeded in obtaining a fair and encouraging portion of the business,
and there remained for nearly three years, when, on returning to
Connectictit to visit his relations, he found the prospects of profes-
sional Inisiness in his native county to be such as. in connection with
a natural preference for Connecticut societv to that of \'irginia. to
induce him to renounce his connection with his new formed estab-
lishment and open an office in his native town, and this he did not
only with such success as speedily to secure him a fair professional
business, but also to induce four young gentlemen to enter his ollice
62 I.ITCIII'IKI.I) COl NTV nKNCll AND I'.AR
for Icj^al instruction. u])on a plan which lie adopted; three of whom
were from Massacliusetts. and one a member of Con<i^ress from the
state of Xew York.
After a jirosperous practice of over seven years in Windham
County, he received an invitation from tlie Hon. John Allen, then at
the head of ])ractice in the lar^^er county of Litchfield, to remove
there and l)ecome his jjartner in business. This he accei)ted, and
was prpbably in a measure induced so to do from the prosj^ect that
Mr. Allen would, on account of declinin,^' health, wholly retire from
the Uar at no very distant period; and this in fact happened at a
time earlier than was desirable. By means of his connection wdth
Mr. Allen, and of a peculiar faculty of his own. Mr. Bacon soon
obtained an ample and satisfactory share of the business done at the
Litchfield County r>ar, and by his faithfulness and zeal in the man-
aj^ement of it he retained it for many years to his great satisfaction,
for he was very fond of his profession. No man more thoroughly
identified himself with the interests of his chent, insomuch that he
could hardly bring himself to doubt of the justice of his cause, how-
ever he might of the legal means of obtaining it ; hence his utmost
exertions were sure to be put forth for the attainment of it. In un-
tiring industry in the preparation of a cause for trial no man ex-
celled him. He was an able, and when the nature of the case al-
lowed of it. an eloquent advocate. Until some sixty years old he
was in full practice, almost never being in any degree diverted from
it by political aspirations. But repeated pneumoniae attacks of a
threatening nature in the autumn of the year 1832 admonished him
of the danger of much public speaking, and induced him to retire
from the r>ar as soon as it could conveniently be done. While in
practice, his untiring diligence in the preparation of his causes for
trial, the learning, wit and force of reasoning was so satisfactory
to his numerous clients, that it was not remembered that any one
who once employed him ever forsook liim when in after time he had
occasion for legal advice.
After the close of his practice of law, and indeed long before
that event, Mr. Bacon paid much attention to pecuniary af^'airs. and
his skill and judgment in the management, led to his apjioinment
as ])resident of the branch of the Phd'nix T.ank located at Litchfield,
which he held for a number of years. But his cautious policy in the
luanagement of it ])rove(l unsatisfactory to some of the stockholders,
but more i)articularly with the managers at head quarters.
As a man. a mere j^rivate individual, Mr. Bacon will be agreed
by all who ever knew him to have been a very peculiar man, both in
ap])earance and in manner. He was full six feet two inches high;
well formed for appearance; neither too fleshy tior too spare; and
his inexhaustible fund of jjleasant wit, judiciously used, made him
an agreeable companion to both sexes and all ages : and having in
himself an uncommon elasticity of s])irits he was fitted to enjoy life
IKiAKliM W'S SKl'.l I lll.s 63
and to iDipai't \n hiIuts its c'njdyniriit in an c-ininciil (k'^jrcc. ( )ii
many accounts, and indeed on mnsi accounts, Mr. Ilacoti may be
said to l)c a fortunate man, hiu on others, had it not been for his
pcculiai- buoyancy of sjjirits. a \(.t\ unfortiniatc man.
In March, iSo^, he manied Mi>s l.uirelia Champion the only
daug-hter of the lion. l'"paphro(|itus Champion. 1 if i''.;ist lladdam. who
still survi\es him : and never was a man throu.gh a lonj^- marrie<l life
of half a century, more ha])py in the conju.gal connection. 'J'his mar-
ria,g-e was blessed by the birth of three sons of uncommrju ])romise,
but all of them were cut d(-)wn in early manhood: not, however, until
each had ^i\en decided i)root ot natural and acipiired capacitv.
Three daus^hters were also the fruit of that maria^e. but all died in
early infancy.
Quite a nuiul)er of years since. Mr. IJacon disposed of his pro])er-
ty in Litchfield and removed to Xew Haven, where he s])cnt the re-
mainder of his long- and useful life, and die<l in the full ])ossession of
his mental faculties when but two da\s short of eight \-six years of
age. Xo one ever ((uestioned his integrity. He was a professfjr
of religion, and is believed to have lived in accordance with his pro-
fession. He died in the possession of an ample estate, in a great
degree the fruit of his discreet management, and out of which, it is
but justice to his memory to state, he made a donation to "S'ale Col-
lege of ten thousand dollars.
IvI.ISllA Sri'.RI.lNC.
Gen. Elisha Sterling of Salisl)ur\-, who was for a long time a
very respectable member of the Litchfield County Bar, w-as a native
of Lyme in this State, wdiere he received his training and early edu-
cation, until he became a member of Yale College, of the class which
graduated in Sej^tember. 1782': and that he sustained a good stand-
ing in it is evinced by his having an honorary share in its commence-
ment exercises. Lnmediately after his graduation he assumed the
charge of an academ\-, then recentl\- established in Sharon ; and
during the two years while it was under his management and tu-
ition, it became verv thoroughly established and very extensively
and popularly known. While at the head of the academy he pursued
the study of Law, and was admitted to the Bar in 1789 or 1790. and
immediately opened an office for the practice of his profession in
Salisbury where he continued to reside during the remainder of his
life. He was very fortunate in his place of settlement, and soon
found himself engaged in lucrative practice, which he pursued with
much industry for a long time ; and it is believed that very few
lawyers have bv the mere practice of their profession in Connecti-
cut acquired a larger pro])erty than he did. He was at an early
64 i.rrciii-ii:i.i) (.orN'rv r.i-Ncii and t.ar
l)CTio(l l)y the County (.'ourt ajipoiiitcd Attonu\ for the State in that
County, and b\- tlicui itn wliom alone tlio ri^lu of that appointment
then pertained, I annuall\ rea])pointe(l tcir many years, and luitil a
l)oHtieal chanj^e in a majority (.)t that Court led to a change in the
atttirneyship. The propriety of his manai^'ement as a ])ul)lic prose-
eutor was never (piestioned e\en hy his politieal opi)onents. As a
mere advoeate he did not stand at the head of sueh i)raetice, but
did a respectable share of it, and stood hii^h in the secondary rank;
and in the entire amount oi business, in point of profit, few equaled,
and ])erha])s none surjiassed him. In addition to the office of State's
Attorney, he for a long time held the office of Judge of Probate for
the district of Sharon — an office then depending upon the annual
a])pointment of the legislature, and until, for a like cause above
mentioned, Ik was re(|uired to give ])lace to another, of different
political principles from his own ; and the latter office he held two
or three years after he ceased to be, of the then, healthy political
faith. He was very often a representative to the General Assembly
from Salisbury when the political standing of the town would allow
of such a choice, and was a major-general of the militia. At a
somewhat earlier period he married a daughter of the Hon. John
Canfield, deceased, of Sharon, who for a long time was a distin-
guished member of the Bar of Litchfield County in former times ;
and bv that marriage he became the father of a somewhat numerous
family, nearly all of whom were sons. They were all young men of
])romise. and on entering into business were well endowed by their
father, and it is believed were respectable and prosperous in their
several vocations. Gen. Sterling somewhat late in life married the
widow of the Rev. Dr. John Elliott, who survived him. Through
life Gen. Sterling enjoyed a good state of health, and died when
over seventy years of age, in the year 1836, of a sudden illness oc-
casioned by a slight wound in the leg, too much neglected. He was
above medium size, of a light complexion and good personal aj)-
])earance, and his moral and religious habits unimpeachable.
TAI'.KZ \V. IIINTINOTOX.
In compliance with former re(|uests and of a recent intimation
of mv own, 1 now transmit you a brief sketch of the life and char-
acter of the Hon. Jabez W. lluntingtcni. son of the late Gen.
Zachariah Huntington of Xorwich, and grandson of the Hon. Jabez
Huntington of that place, the assistant and associate of the first Gov.
Trumbull, who was born in Norwich in the year 1787 or 1788. He
received his early training and instructicMi in his native town, which
after times evinced to l)e accurate and good. He became a member
of Yale College in September, 1802 and graduated in September,
i!().\Ki).\i.\.\'s SKi'.rriii'.s 65
iSoC). wiili tlif rc'pntalii 111 df a i^imd scholar. Soon after his j^rachia-
tioii hf hccaiiK.' a tcachrr in an academic school under the j^overn-
nient of its founder. l"",S(iuire Morris of Litchfield South P'arnis, as
then called, now the town of Morris, named after the founder of
said school. After ahout a year thus emi)loyed, Mr. iluntin^-ton
entered judj^e Reeve's Law School, in which he continued a dilij.(ent
student until admitted to the liar in Litchfield County, of which he
soon showed himself to he a worthy member, and in due time a
distinguished one : he liaving commenced tlie practice of his pro-
fession in Litchfield, and there continued it, until its final termina-
tion by an office conferred u])on him inconii)atil)lc with its further
jiursuit. In practice, his whole aim and ambition was to become
an advocate, and had no desire to obtain any share of collecting
l)usiness, though in many hands not less lucrative ; and as he was
always ready to aid the less ambitious of speaking, he early acquired
a verv considerable share of the portion of practice of which he was
ambitious and which was improving to him. His forte as an advo-
cate was in detecting error in declarations and other parts of plead-
ings, and in a lucid manner of i)ointing them out. Lpon the whole
he was as an advocate clear and accurate, rather than i)eculiar for
the gracefulness of manner or refinement of diction, though his
manner was by no means disgusting, and his language entirely free
from any approach to vulgarity, llis manners were pleasing and
])oi)ular.' and he re])eatcdly represented Litchfield in the General
Assemblv and distinguished himself there. He was elected to the
21st Congress, and re-elected to the 22(1 and 2:^d Congress : and near
the expiration of the last of his Congressional career he was chosen
a judge of the Superior Court, and held that office until 1840,
when being chosen a senator of the United States he resigned the
ludgeship and accepted the latter appointment, and continued to
liold it bv virtue of a second appointment until his death in 1847.
In all which stations he performed the duties thereof with honor to
himself and to the entire satisfaction of the public. His moral char-
acter was irreproachable ; a professor of religion and an observer of
its precepts. Late in life he was married, but it is believed left no
issue. Soon after election to Congress he removed to his native
tt)wn and died there.
IMIINKAS MINKK.
I'hineas Miner, a very respectable and somewhat eminent mem-
ber of the Litchfield County Bar, was a native of Winchester in that
countv, and there, and in that region, as far as by the writer hereof
known, received his entire training and education in all respects. At
an earlv i^eriod in life he commenced the practice of law in the place
66 i.rixiii'ii;i.i) cointv m;.\cii and mar
of his birth, in the society of W'instod. as is hcHcwd. a place of a
great deal of active manufacturing Inisiness and furnishing an anii)le
share of employment for gentlemen of the legal profession, of which
Mr. Miner soon acquired an ample share, and at no distant period,
an engrossing one, with which he appeared in court from term to
term until he felt warranted in the expectation of drawing alter him
an engagement in all the disputable cases from that fruitful ([uarter,
when he removed to Litchfield and was much employed as an advo-
cate for a number of years, and until his health rather i)rematurelv
failed, and he became the victim of great mental and bcxlily sulYer-
ing, luitil relieved In- death Ijcfore reaching the ordinary period at
which old age l)egins to make its effects nmch ]>crceptible in the hu-
man frame. As an advocate Mr. Miner was ardent, impassioned
and fluent, but in his apparent great ambition to be eloquent he
often made use of figures of s])eech which a more chastened and
correct training in youth w^ould have taught him to avoid, and less
wounding to an ear of taste, but the fault apparent to all. was the
extreme prolixity of his arguments ; but these faults notwithstand-
ing. Mr. Miner was a respectable and able advocate.
Before his removal to Litchfield a\Ir. Miner was an early and
frequent member of the legislature from his native town and after
his removal there, a member of the state senate for the fifteenth
district, and was also elected to fill a vacancy in the second session
of the twenty-third Congress.
Mr. Miner was twice married, but it is believed, left no issue.
but of this the writer is uncertain. He led a strictly moral life and
was justly esteemed a good man.
l.i:.\[.\X ClfL'KCIL
One more attempt to comply with your repeated rccjuests. Le-
man Church, a late member of the Litchfield County liar, was a na-
tive of Salisbury in this county, a son of an opulent fanner of that
town, and in it. it is supposed, he received his education, both
scholastic and ])rofessional ; the latter in the office of his half-
brother. Samuel Church, afterwards a judge of the Sujierior Court,
and finally Chief Justice of the same, and after his admission to the
bar he opened an office in North Canaan, where he resided during
the remainder of his life. Mr. Church was successful in acquiring
at an earlv i)eriod a promising share of professional business, which
steadilv increased, until by the middle of ])rofessional life he occu-
pied a stand among the leading advocates at the bar : and towards
the close of life there was scarce a cause, especially in the higher
Courts, of considerable imi)ortancc discussed, in which he was not
engaged.
iKj akdman's ski'/iciii'.s 67
In ScptfuihcT. 1X33. Air. C'liurcli was ai)p(»ink'<l In the Court,
Stale's AilDniry, as successor {>> his brother Samuel. (Jti the latter's
ole\ation to the bench of the Superior Court, and held that office by
annual re-appointments until Se])tember term, 1838, when by a politi-
cal change in the court he was required to \iel(l the ])lace to another;
it is l)elie\e(l, liowcNcr. that he afterwards for a time, re-occupietl
that place, but not positively recollected.
.\s a speaker he was c<h)1. unim])assione(i and ini;enious : he never
atteni])ted to aft'ect the i)a>^i(nis of thnse be addressed, and bcini(
destitute of passion hinisrlf. was consecpiently inca])al)lc of movin.tC
the ])assions of others; lie never attem|)ted to be elo((uent or made
u-e of a niere]\ ornate expression, his object in speakin,i( was effect,
and that wholly directed to his cause and not to himself; in the man-
ai>ement of a case he was aUvays cool and self-possessed ; no sud-
den and unexpected turn in the prog-ress of a trial disconcerted
him, or appeared to be unexpected by him ; no collision at the bar
ever ap])eared to affect his temper in the least. With such a tem-
perament it is obvious that the lethal ])rofe^S!on. was of all the jjro-
fessions. the t)ne for him. and that in which he was calculated to
excel.
Mr. Church was always entirely ret^ardless of i)ersonal ai)pear-
ance and dress : he was very small, meaj^er and ill formed, his fea-
tures quite ordinary, but all this very indiff'erent ai)])earance was res-
cued from inattention by a most remarkabl\- attractive and intelli-
jj^ent eye.
;Mr. Church was frequently a re])rescntative to the Lei^islature
from Canaan, and never failed to make an impression upon that
bodv ; and to his sagacious management is attributable the preseva-
tion of the Housatonic Railroad from ruin, as a commissioner there-
on appointed by the Legislature, with power, together with his as-
sociate in office. "Sir. Pond, to sell and consequently to destroy the
road which seemed to be a favorite object with them for a time.
Mr. Church died in the midst of life as a professional man. July
184Q. 1 am unable to state the i-)articulars of his family.
•eb0utick'a 3iifty Icatn
FIFTY YEARS
AT THE
LITCHFIELD COUNTY BAR
A LECTURE
DELIVERED BEFORE THE
LITCHFIELD COUNTY BAR
BY
CHARLES F. SEDGWICK, ESQ.
1870.
CHAS. F. SELH'.VVKK
SEDGWICK'S ADDRESS.
Litchticld. I'\-l). 9. 1X70.
Gkn. v^Kix'.wiCK :
Mv Dear Sir — At a bar meeting- held this ikkmi tlie followiii}^
nesokition was offered by E. W. Seymour and unanimously ado])ted :
IVhcrcas, at the next term of this Court Cqw. C. F. Sedg-wick
will have completed a fifty years connection with this bar as a re-
spected member thereof.
Resolved. That he be invited to deliver an address in the Court
Room at such time next term as may be convenient to him u])on some
subject connected with his long ])ri)fessional career.
Resolved. That a committee of three l>e appointed to extend this
invitation to the General and to make arrangements that may be
necessary in case the invitation be accepted.
O. S. Seymour. J. H. Hubbard and Abijah Catlin were ap])<)inted
a committee for this purpose.
It gives the committee great pleasure io comnumicale the fore-
going proceedings to you and we hoi)e }-ou will gratify us by acce])t-
ing the invitation. \Ve will at any time confer with you upon the
subject of what arrangements shcnild be made.
Yours truly, O. S. Sev.moiu.
For the Committee.
The committee of the Litchfield County 15ar have received the
annexed letter from General Sedgwick and have agreed upon W'ed-
nesdav evening, the 13th of April, for hearing" the commemoration
discourse at the Court Room. Members of the Bar of other Courts
and the public generally are invited to attend.
J. H. HUBD.\UU,
(). S. Seymour.
.'\i;ij AH CATr.ix,
Committee.
Litchfield. March 14. 1S70.
Sharon. .March i_>. 1870.
Judge Sev:mour :
jj^^ar Sir — I received, in due time, yours, written in behalf t^f
the committee of the liar, and owe you an ai)ology for n.:>t givmg
it an earlier answer. The truth is that I have hesitated to give an
affirmative response from a feeling of incomi>etency to get up any
thing which would be of any interest to my kind friends of the Bar
7-2 I.lTCIll'lKI.l) CDL'NTV HKNCH AND I'.AR
wliose iKilite proceedins^s yon conuminicatc. V,u{ the respect whicli
I ftHfl for them conihined with a feeHng- of gratitude for the ])ast
kiiKhiesses as well as the uri;eiicy of many individnals of the profes-
sion here as well as in other connties have persnaded me to mak^
the attempt to comi)ly with their wishes, and I will try to get up a
commemoration disconrse to be read to the P>ar at the next term of
the Conrt. As Crood Friday will come dnring the tirst week of Conrt
I will snggest Wednesday evening" of that week for the hearing-
instead of Thnrsday, but in this T will conform to the wishes of the
committee. If they should fix on anv other evening ])lease notify
me.
Yours, respectfully,
C. F. Skdcwick.
ADDRESS.
The statement that 1 have been for tifty years a member of the
bar of this county, admonishes me of a rapid journey across the stage
of life, from its morning- to its evening. Those years have sped
away, and they have embraced a large portion of the time usually
alloted to man as the period of his existence here.
"Large space are they
Of man's brief life, those fifty years; they join
Its ruddy morning with the paler light
Of its declining hours."
They have swept off in their current nearly every one who was
active in the proceedings of the courts of this county, at the com-
mencement of that period. It did not then occur to me to consider
the (juestion whether I should outlive nearly all my associates at the
bar. but of the forty-four members who were then in active practice
here, all save three, and they are not now in i^ractice, have preceded
me on their journey to the grave. Some have laid their bones in
distant parts of the country, but with the exception above named,
all have gone to their last account.
I sui)])ose it to be the wish of the bar, as it has been intimated
to me, that I should say something of those who were active in con-
ducting the judicial ])r(iceedings in this County, fifty years ago.
This will im])ly a notice of the judges, clerks and ollicers of the court,
as well as the legal profession. A wide field is open before me.
and I fear the exploration which 1 shall give it will be of very little
interest to my brethren, l)ut such im])ressions of the men of those
times as remain with me, I will (.-ndeavor to la\' before them.
I<i:-0KC.A\1Z A'l'loN OI'* Till': t'OlRTS.
Thf Courts had then just been organizeil under the present (.Con-
stitution of tlu' State-. I'nder the old goxernment, the Su])reme
si:i»'. wick's addkkss 73
C'durt consisted of nine iuili;vs, and iIk'\ wctc elcclcd anmiall\- 1)> llu-
k'j^islaturc. I'lKk'f ihc C'onsliiulion. the numl)er was reducfd to
five, and they held their otlice (hu-in^- i^ood behaviour, or until they
reached the aijc of seventy years. In like manner, the judges of the
County Courts were reduced from five to three. Formerly these
judges held the Su])erior Courts, hut under the Constitution, they
were holden by one judge. The old (.'ourL has embodied as high an
order of judicial talent as any other Court in any of the States, and
when the ai)])()intment of the judges under the new organization was
in contemplation, nuich anxiety was felt among the members of the
legal ])rofession lest the character of the Court should deteriorate.
Chief Justice Swift was very ])oi)ular with all classes, and it was
thouglit that his high character as a jurist, and his spotless charac-
ter as a man, w^ould render it pretty certain that he l)e retained at
the head of the new Court. But the party then in i)owcr, known in
our political history as the Toleration party, determined to make an
almost entire change in the material of the Court, and to man the
bench with new incmubeuts. For the new Chief Justice, they select-
ed the Hon. Stephen Titus Hosmer, of Middletown, who had been
a member of the old Court some three or four years, and who, it was
claimed, had voted the ticket of the party at the next i)receding
election. It was laiil to his charge that he had done so with the
intent of therebv obtaining the position which he was afterwards
called to fill. The other judges were John T. Peters. Asa ChajMiian,
Jeremiah Gates Brainard, and William Bristol. Judge I'.rainard
was of the old Court, and it was the intention of the ruling party to
put James Lanman in the place ; but some of the tolerationists of
Xew London County did not believe him qualified to fill it. and
refused to vote for him. Judge Brainard was of the same county,
and the federalists naturally rallied upon him in opposition to Lan-
man, and with the aid of dissentient tolerationists. llrainard was
elected. He was tlie only old federalist on the bench, till Daggett
came on. in 1826.
CIMKF JISTICI". IIOSMKK.
Stephen Titus Hosmer was a lawyer of eminence in his peculiar
way. He had no yery high standing as an advocate, but as a lawyer,
learned in elementary principles his position was a ver\- good one.
A gentleman who had heard him. told me that his manner was hard
and drv, and his elocution very defective, but in some branches of
legal science he had few superiors. He seemed to delight in ex-
ploring ancient paths in search of legal principles, and in getting
up old legal tracts and dissertations. In the first volume of Day's
Reports, there is a note of forty images of fine print, containing an
opinion "of Lord Camden, of the Kugiish Court of Common IMeas.
74 MTCIIKIKI.I) COINTV HKNCH AND BAR
which has hardly a rival in judicial Icarnini^ or ol(X|uonce. Mr. Day
informed me that this was i)rcsentc(l him in manuscript by Mr. Hos-
mer. there beinjj then no printed co])\ <>f it on this side of tlie At-
lantic. He was appointed a Judj^e of the old Court in 1815. but be-
ing- one of the yountj;er judges, it never fell to his lot to preside on
the trial of a case, until his accession to the Chief Justiceship. His
career, on the whole, was very successful, both at nisi prius, and on
the bench of the Supreme Court. His apprehension of the points
involved in the case before him. was very (|uick, and the first inti-
mation he gave on incidental matters occurring in the course of the
trial, was a sure indication of what the result would be; and al-
though he would take special pains to say to the counsel that he
had formed no opinion, the party against whom he leaned knew
that his fate was sealed. His labors in his official duties must have
been immense. It fell to his lot to give the opinion of the Court
in nearly all the cases tried in the Supreme Court for several years
after his ai)i)ointment. and nearly all the material of the third, fourth
and fifth large volumes of the Connecticut Reports are the result
oi his stud}- of the cases before the Court, and some of them are
very learned and labored. His illustrations in the case of Mitchell
vs. Warner, in the 2d of Connecticut Reports, of the extent of the
obligations incurred in the covenants of a deed, explained the sub-
ject to me, when I was young, better than anything I had 1>efore
read on the subject.
It seemed to be his object to render himself as agreeable as pos-
sible to the members of the bar, sometimes employing his leisure
moments on the bench in furnishing prescriptions for human ail-
ments, such as corns on the toes, and handing them over to such
members as stood in need of them. Then he would hand over a
formula for making, as he said, the best kind of liquid blacking for
our boots. In fact, every thing which he had prescribed, he ahva\s
designated as the rcry best. At one term of the Court, Phineas
Miner, Esq.. who had lived a widower for several years, was about
being married, which fact was intimated to the Judge. While he
sat waiting on the bench for the preparation of some business, he
spoke out suddenly. "Gentlemen! Is there a vacant cell in your jail?
Won't it be necessary for me to commit Mr. Miner to prevent his do-
ing some rash act?" The laugh was thoroughly turned upon ])oor
Miner, and the whole scene was very enjoyable. He employed all
his leisure hours in obtaining all the relaxation which was within
his reach. He played on the piano and vi<ilin. and sang with great
power and effect.
There was no perceptible waning of his jxiwers. physical or men-
tal, during the time of his service on the Court. He retired from
the bench at the age of 70 years, in h\'l)ruary, 1833. and died, after
a sliorl illnc'^^, in less than two \ears thereafter.
SKiK'.wK k's admkkss 75
jiDc.i", i'i".'ii:i<s.
John 'l"li(ini])S(in Tflers was tlu- senior Associate Jvul.^c of llie
Court, and he licld his first circuit in this County, lie was a native
of Hebron, and a lawyer (.)£ respectable standinj^. His fellow-citi-
zens had often honored him with a seat in the LefT^islature, and thus
he had become lolerablx wxll known in the State. When the L'nited
States direct tax was laid in 1S13. he was ai)i)ointed Collector for
the first district, removed to Hartford, and held that office when
he was a])i)ointed Judge. He had been one of the lea<lers of the
Democratic partv from its formation; and, as an l'*])isco])alian. had
opposed the claims of the "Standing- Order" to ecclesiastical prior-
ity, and some apprehensions were felt lest his well known views on
tliesc subjects might temper his o])inions on those cpiestions inci-
dentally involving them. Many fears were entertained as to the
stability of ecclesiastical funds which existed in almost every Con-
gregational parish, and those who desired to break them down look-
ed to Judge Peters and his influence wdth the Court to aid them.
But those who entertained such hopes were destined to an early dis-
appointment, as their first experience of his administrati(Mi on such
questions show'ed him to be disposed to stand firmly on the old
paths. He used to tell an amusing anecdote relating to his first
trial of such a case in one of the Eastern Counties of the State,
where he was appealed to, very strongly, to decide that a promise
to pay money in aid of such funds was without consideration. P>ut
he told the parties that the law on that subject was well settled, and.
in his opinion, founded on correct principles; and that if he had
the power, he had not the disposition to change it. It had been the
])ractice of the Congregational pastor of the village, to open the
proceedings in Court with prayer, but considering Peters t(^ be a
heretic, (I use the Judge's own language.) he had never invited
Divine favor for hi'm, "but after that decision, every prayer was
charged with invocations of blessings upon "thy sarvcnt, the judi^c.''
He was very severe in meting out the punishments of the law to
convicted criminals, generally inflicting the severest sentence that
the law would allow. " One case was tried before him which excited
nnich remark and some reprehension. A man had been ccMivicted
before Judge Lanman of a State prison ofifence, had been sentenced
to four" vears' imprisonment and had served a part of a year, when
he obtained a new trial. He was tried again before Judge Peters,
and again convicted. When the time came to pass sentence on the
last conviction, his counsel asked for some mitigation on account
of the imprisonment already sufifered. Said the Judge "He must
settle that account with Judge Lanman. He owes me five years'
imprist)nment in State prison" — and such was the sentence. One
prisoner who had received a severe sentence at his hands, after the
expiration of his confinement, burned the Judge's barn, and he
76 l.lTClll'li;i.l) COINTV l!i:\(.ll AM) i:.\R
petitioned tlie Lei^islatiire of the State to pay for it. in 1S13. hut
they (lecHned to make the eonipensation.
For a few years, the serviees of Jud^e I'eters on the heneh were
ver\- aeeeptahle. llis deeisions were prompt, and i;enerallv fotind-
ed on a sensihle view of the matter hefore him, without any alYeet-
tation of learnin.ij or (Hsplay of oratory, llis entire eandor and fair-
ness were never called, in (|uestion, and the deca\' of his ])owers.
which was very apparent towards the close of his career, was
observed by the bar with sorrow and ret^ret. I witnessed an af-
fecting" scene connected with his ex])erience on the bench, which
excited a deep feeling of sympathy, lie had a favorite son, llu^h
Peters. Es(p. wIkmu he had educated at Yale College, and in whom
all his ho])es seemed tc) centre. This voung man. in connection
with George D. Prentice, the noted Editor, had nuich to do in con-
ducting the Xew England JJ'cckly Rczncic, a i)ai)er just established
in Hartford, and which was the organ of the i)arty which elected
William W. Ellsworth. Jabez W. Huntington, and William L.
Storrs to Congress. He had acquired a wide reputation as a writer
oi brilhant promise, and after a while went to Cincinnati to go into
business as a lawyer. On his way across Long- Island Sound, he
wrote a Farewell to New England in poetry, which was published
with great commendation, in most of the newspapers in the country.
Soon after his arrival at Cincinnati, his dead body was found float-
ing in the Ohio, several miles below the city, and circumstances were
such as to create the belief in some minds that it was a case of suicide.
The intelligence of this sad event was brought to Litchfield while
the Court of Errors was in session in June. 183 1. It was first com-
municated to Judge Williams, who sat next to Judge Peters ; and he.
with all possible tenderness, informed the kitter. The Reporter. Mr.
Day, in giving the report of the case on trial, closing it by saying:
"Peters, Judge, having received, during the argument of this case,
intelligence of the death of his son, Hugh Peters, Esq.. oi Cincinnati,
left the Court House, 'Uiulfa gernens casuquc annniiui conccssns.'
and gave no o])inion." I witnessed the mournful scene, and I well
remember the loud and ])laintive groans of the afflicted old man as he
passed out of the Court room and down the stairway to his lodg-
ings.
When Chief Justice Hosmer retired from the bench, the Legisla-
ture, by a very strong vote, elected Judge Peters' jiuiior. Judge Dag-
gett, Chief Justice. He felt the slight, bin did not retire, and held
his place till his death in .August. 1834. A few weeks longer, and
he would have reached the age of sevent\- \ ears.
TIDCI". CirAl'MAN'.
The next Jtidge in seniority was Asa Chajjuian. of Xewtown, in
Fairfield Countv. For several vears before he received the appoint-
si:iir,\\ UK's .\i)i)i<i;ss yj
mcnt. lu' practiced ti» sitnic cxlciil in this L'oiiiU), and was. <tf cniir.se.
well known lure. I lo was llic fallur of the late Charles ChajMiian f)f
llarlford. lie was somewhat taller than the son. and with his hald
head, white locks, thin face, and i^rey eyes, he resenihled him not a
little in jxTsonal appearance, hut he had none of that hitterness of
manner or spirit which characterized the efforts of the younj^er Chap-
man, lie was an l\])isc()])alian in relij^ious f;iilh, and he had very
natnralK fallen into the ranks of the new party, and heinjj;' well f|uali-
tied for the place in point of leg'al ahilit\, he made a very accejHahle
and ])o|)ular judme. He was a man of good humor, g-enial temper,
and i^reat collocpiial ])owers, which he exercised very freely on the
trial of cases. It a lawyer undertook to ari^ue a case hefore him.
he soon found himself eui^aj^ed in a friendly, familiar conversation
with the Judge the evident intent of the latter heing to draw out
the truth and justice of the case. His adminstration was very
popular, and his early death was greatly dejilored. He died of con-
sumption in 1826, at the age of fifty-six years.
JLDCK I'.KAIXARI).
Jeremiah Gates Urainard. of Xew London, the father of the i>oet
lirainard. was next in seniority on the hench. He had heen a mem-
her of the old Court from 1807 and he was elected to the new Court,
under the circumstances which I have mentioned. He was a man of
no showy pretensions, very plain and simple in his manners, and
very familiar in his intercourse with the Bar. He affected very
little dignity on the hench. and \et he was regarded as an ex-
cellent Judge. He disi)atched business with great facility, and im-
plicit confidence was placed in his sound judgment and integrity.
He resigned his place on the hench in 1829. his health not being
equal to the duties of the ofhce. having served as judge for twenty-
two vears.
JL"I)GK HK1ST(JI..
Uf all the judges on the bench. William Bristol of Xew Haven
was the youngest in years as well as in rank. He had not been
much known as a lawyer, out of the County of Xew Haven, and. of
course his coming here w^as looked for with considerable interest.
He evidentlv had a high sense of judicial dig-nity. his manners on
the bench being very taciturn. api)roaching severeness. very seldom
speaking, except to announce his decisions in the fewest jxissible
w^ords. and I doubt if any one ever saw him smile in Court. His
decisions were sound and well considered and, upon the whole, his
administration was respectable, although he could not be said to
have had nmch personal popularity at the bar.
78 i.rrciinKi.i) corNTv jikncii and har
jlDCl". DACCI-TT.
The decease of Judi^e (,'ha])nian and the resignation of Judge
l-Jristol in 1826, created two vacancies in the Court which were to
be filled at the session of the Les^islature of that year. The same
])arty which had effected the chanj^e in the s^overnment of the state,
and in the constitution of the Court, was still in power, but nearly
all the eminent lawxers in the State adhered to the federal party.
Probably the most t)bnoxious man in the state to the dominant partv
was David I)aj^g"ett, not so much from personal dislike as from his
prominence in the ranks of his i)arty. His talents, intei^^rity and
hii^h legal abilitties were conceeded by everyone, but when the legis-
lature assembled, there was probably not a man in tlic state who
looked to his election as a judge.
There were a few men in the state belonging to the toleration
partv who felt deeply the importance of having a re])utable court,
and who. on this question, were willing to forego all party considera-
tion. Morris Woodruff, of Litchfield County. Thaddeus P)etts and
Charles Hawley, of Fairfield County, Walter liooth, of Xew Haven
County, and Charles J. McCurdy, of New London County, were
men of that stamp ; and it was through the influence of these men,
and of others of less prominence, that David Daggett was elected a
Judge of the Supreme Court. The same influence, exerted by the
same men, secured the election of Judges W'illiams and l^issell. three
years later.
After the election of Judge Daggett was effected, no one seemed
to care who the other judge might be, as with Chief Justice Hos-
mer at the head of the court, and Judge Daggett as an associate, it
was felt that it could have a highly respectable character. The
Hon. James Lanman received the appointment, but after a short
term of service, resigned.
An elaborate sketch of Judge Daggett is given in the twentieth
volume of our reports.
THE SIH'ERIOR COIRT, FIFTY YEARS SINCE.
There were sessions of the Superior Court in each year, holden
on the third Tuesdays of August and February, and the terms rare-
ly extended beyond two weeks, if they reached to the third week
they were deemed to be of extraordinary length. The Superior
Cburt had no original jurisdiction, except as a court of equity.
All its actions at law came up by appeal from the County Court,
and generallv imi)ortant cases were carried u]) without trial in the
court below. The i)arty wishing to appeal his case would demur,
either to the declaration or ])lea. as the case might ])e, suffer a
judgiTient to l)e entered against him, and appeal from it and then
AUC.L'STl S I'KTTiroXli;
-M Kll.\i:i. 1-. .MIIJ.S
JOSKl'll i". UALI.A.MV
W.M. G. CUE
SKIH.WHKS AliliKKSS ■ 79
clian.s;c' his plea in tlif Siipcrior Cmwi as tlu' ixij^'cncics of his case
ma\- rc(|uirc'. The niakini;- of copies in llie case a])pealf<l was a
very protitabie item in the business of the clerk. All cases at law
wherein the matter in demand exceeded seventy dollars were ap-
pealable, and all matters in e(|uity in which the sum involved ex-
ceeded three hundred dollars were brought i iri^inall) to the Su-
perior Court, in criminal malti'rs the jm-isdiction of both courts
was concurrent. exce])l in rriiin> of a hit^iier i;rade which were
tried exclusively in the vSujJcrior Court. A case was pretty certain
to reach a trial at the .second term after it was entered in the
docket, unless special reasons coidd be sh<iwn for its turlher con-
tinuance.
Till-: ^.•o^■^■T^■ coikt — jiik.i-: ri-TTii'.oNi:.
The County Court had an im])ortant at^ency in the administra-
tion of Justice, fifty years ago. Under the old form oi j^overn-
ment it "consisted of one judge and four justices of the quorum;
under the constitution, of one Chief Judge and two associate judges.
When I came to the bar .\ugustus Pettibone of Norfolk was Chief
Judge; Martin Strong, of Salisbury, and John Welch, of Litch-
field, associate judges. Judge IVttibone had presided for several
years in the old court, and although he was a federalist of decided
convictions, he was continued in office by the party in power until
he resigned the place in 1832. It will l)e remembered that the
judges "in this court were ap])ointed annually by the legislature.
Judge Pettibone had a high standing as a man of integrity and of
sound common sense. His early education M^as deficient and he
made many grammatical mistakes in his charges to the jury, but
he had been esteemed, and was a lawyer of respectable attainments.
He was a native of Norfolk, where he lived to a very great age.
He was tall and slender in ])erson. somewhat round shouldered
with hair which was very al)undant and which remained so during
life. No one could doui)t the fairness and good sense of his de-
cisions ; and, upon the whole, his career as a judge was creditable
to his reputation.
JUDGE STKOXO.
Martin Strong of Salisburv, was the senior associate judge.
He was a son of Col. Adonijah Strong of that town, a lawyer of
the olden time, of whose wit as well as blunders, many stories were
rife fifty vears ogo. Colonel Strong had four sons all of whom
entered 'into professional life, two as clergymen and two as law-
vers. His son, the Rev. William Strong, was father of the Hon.
William Strong, of Pennsvlvania, recently appomted an as.sociate
justice of the Supreme Court oi the I'nited States. Our Judge
8o I.ITCIIFIKI.I) COUNTY HICNCH AND HAR
Martin Strong- had been a nK'nil)ei" of the bar for several years, but
had never made a very hij^h mark in his profession — in fact he had
never devoted himself very assiduously to the discharge of its du-
ties. He owned a large and valuable farm on the town hill in Salis-
bury, and his principal business was to attend to that. When he
came upon the bench he seemed to have a recollection of a few
plain legal maxims, but his methods of applying them to cases was
not always the most skillful. He was a man of immense physical
dimensions, and when he had taken his seat on the bench, he sat
in perfect (|uiet. until the loud proclamation of the sheriff an-
nounced the adjournment of the court. He remained in office
till 1829, when William M. Hurrall. Esq., of Canaan, took his place.
TIDC.K WlvIA'ir.
The junior judge of the court was the Hon. John Welch of
Litchfield. He was a native of the parish of Milton and a gradu-
ate of Yale College in the class of 1778, a class which is said to
have produced more eminent men in proportion to its numbers than
any other which ever graduated at that institution. Joel Barlow,
Ze])haniah Swift, Uriah Tracy, Xoah Webster and the last Gover-
nor Wolcott, with many other distinguished men, were of the class.
Judge Welch never entered either of the professions, but he
lived to a very great age. He was appointed a judge of the County
Court in the place of Cyrus Swan, Esq., of Sharon, who had re-
signed his ])osition on the bench of the court in 1819. Judge
Welch continued on the bench till he became dis(|ualifie(l by age in
1829. He made no pretentions to legal learning but his decisions
were based on a fair impartial view of the questions as they came
up. He always gave reasons for the opinion he had formed, al-
wavs made himself well understood, and his candor, fairness and
sound judgment were admitted by all.
JL'DC.KS r.lKRAI.I,, WOODKll'l" AND I'.OAKD.M A\.
In i82(j, wlicn judge Welch nuist retire on account of his age,
it was deemed i)roi)er by the legislature to make new appointments
of both associate judges, judge Strong had been twelve years on
the bench, and in his ])lace William M. liurrall, l{sq., of Canaan,
was appointed senior associate judge, and Gen. Morris Woodruff
took the place of Judge \\\dch. The court continued thus organ-
ized till the resignation of judge Pettibone, when, not only with
the consent, but with the decided approval of both associate judges,
David S. I'.oardman, Esq., of New Milford, was taken from the
bar and installed Chief judge of the County Court, which as then
Cf)nstituted. held a high position in public confidence.
SI'.DC.W U K S .\l)|)l<i;SS
Hi
JIOX. FKKDKRICK WOI.COTT, CLERK
The Clerk of llie Court was ilie lion. Frederiek W'olcott. \vh<>
was appoitueci as early as 1781. ami who retained the place till 1835.
when he resisfned. after a service of forty-four years. He was a
son of the second, and a brother of the late Governor of that name,
and undoubtedly cherished hii^hly aristocratic feelinc^s and had a
great amount of family ])ride. but his intercourse with the members
of the bar was gentlemanly and conciliatory. He was of a noble
presence, large and manly in person, and always dres.sed in the
best style of the ancient fashion of small clothes, white stockings,
and white topped boots. His knowledge of legal proceedings in
the County, ran back so far that no one ever nresumed to question
his accuracy as to legal fnrms ami orecedents. When his resigna-
tion was acce])te(l by tlie Ccuirt. a minute, prepared bv ludge P.u.--
rall. which referred to his long and faithful service, and which con-
82 I.ITClll"li:i.l) COINTN' UKNCH AND I'.AR
tained the statcuKiii tiiat no judi^incnt of the Court had ever heen
reversed on account of any mistake of the Clerk, was entered on
the records of the County Court. He was a mem])er of the Gover-
nor's Council under the Charter Government, and was continued
in the Senate for several years, imder the constitution.
SIIRKIFP SKV.MOIK
Mioses Seymour, jr.. Esq., was Sheriff of the County from 1819
to 1825, hut the active duties of the office were performed by his
deputy, his brother Ozias. who had been a deputy of the old Sheriff
Landon. and who had become well acquainted with the practical
duties of the othce as they were preformed in our County. He
opened and adjourned the daily sessions, called oarties to appear
in court as their presence was demanded, and. in fact, was the ac-
tive Sheriff in nearly all the proceeding's. He succeeded his brother
as Sheriff in 1825, and held the office till 1834.
UNCLE JOHN STONE,, MESSENGER
Nor must we omit to mention here, the messenger of that day.
good old Uncle John Stone. How long he had held the place be-
fore 1820, I know not, but I found him here then, and it took but a
very short time to make his acquaintance, and learn his kindness
of heart. He had a kind of dry humor, which sometimes showed
itself in witt\' savings, and sometimes in ])ungent sarcasms. He
was a faithful messenger, an honest man, and to all human appear-
ance, a sincere christian. He retained his place till he fell dead in
the public highway, in 1830, in a fit of apoplexy.
msixi'SS 01' Till', 01.1) foi'XTv c'orRT
There were three sessions of the old County Court in each year
in March, September and December. The Sei)tember term was
generally short, merely disposing of the criminal business and such
other ])reliminary matters as could not be passed over. The March
term lasted three weeks, and the Decemler term fron) four to six
weeks, as the business might demand. Tlic fust half da\- was al-
ways taken u]) in calling the docket. .Mr. \\()lcott had his files ar-
ranged a!])habetically, corresponding with the entries on the docket
anrl of these s(jme member of the bar, usually one of the voutiLrer,
had charge. Tlu' Slieriff took his station in tlie center of the bar,
SI'DCWUk's addkkss ^3
and as the cases wore nanu-d 1)\ llic CU'ik, llu- ])r()])cT entries were
made both on tlie docket and on the tile, and then tin- file was passed
to the Sheriff, who dehvered it to the ijarly entitled to it, and thus,
at the close of the procee(lin|,i;-s all the files had passed into the hands
of the members of the bar where they remained until the case re-
ceived final disposition. Three hundred cases were considered as
constitutino- a small docket and 1 have known as many as nine
hundred entered at a sinole term.
ADMISSION To 'I'll I'. WWi.
When 1 came to the bar in 1820. there were two grades of law-
yers in the State. The first admission only authorized the candi-
date to practice at the County Court, and a service of two years
was required at that bar before he was allowed an examination for
admission to the bar of the Superior Court; and I was at the bar
of the County Court for a year or more in expectation of under-
going another ordeal in the upper Court. In the meantime the
statutes of the State had been revised under the superintendence of
judge Swift and many and material alterations had been made to
conform the provisions of the law to the new order of things under
the constitutions. The question came before Judge l^)rainard and
he decided that under the revised statutes an admission to the bar
of the County Court gave the candidate authority to jjractice in all
the Courts in the State, and that decision was assented to by all the
judges.
The matter of examining candidates for admission to the bar
was, in those davs, an im^wsing solemnity, and the da\- for that
proceeding was a' marked day of the term. All the members of the
bar were expected to be present and few failed of attending. The
committee of examination occupied the judges seats; the chair-
man holding the place of the Chief Judge, indicating to each separ-
ate member of the committee the subject in which he was expected
to examine the candidate, and thus a thorough and searching ex-
amination was had. After the examination was closed the candi-
dates retired, and the members of the bar gave their opi^nions
scriafim on the question of the admission of the applicant. Some-
times candidates were rejected. It had been the practice in early
times to have an entertainment at the close of the examination at
the expense of the successful candidates, but this had been dispensed
with wlien 1 was examined. Stories were told of some eminent
members of the bar who, on such occasions, indulged in practices
which were not creditable to their rei)utation for temperance and
soliriety. Perhaps it was for this reason that the practice was
abolished.
84 KiTcii i-ii:i.i) (,•()l■^■T^■ i'.i;n(.ii and \\.\k
l'K.\(,'l'ICK.
Statutory ])r()visi()iis and the advance oi lej^al science, as well
as a more just sense oi what is due to the best interest of litif^^ation,
liave made ^reat changes in the course of proceedings Ijefore the
Courts, during the last fifty years. Then, it was customary for
counsel to take advantage of any trivial omission which could be
found in the proceedings, and a case never came to trial until every
possible effort for al)atement or delay, had been exhausted. Our
Statute in relation to amendments had not then received so liberal
a construction, nor was it in itself so liberal in its provisions as it
now is ; and thus opportunity was afforded for the display of much
ingenuity in the prosecution of dilatory pleas.
Then, there were no statutory provisions relating to injunctions.
All the power which the Court had in that matter being that with
which it was invested by the common law as a Court of Equity, and
hence, very little will be found in our Reports on this subject, until
about 1826, after the Statute authorizing the judges to grant tem-
porary injunctions had been passed. This Statute was introduced
into the legislature by Judge Swift, who was a member for several
sessions after his retirement from the bench. Since then many
cases relating to this branch of jurisprudence, have been before our
Courts.
Probably more than half the suits commenced in our County
Courts, fifty years ago, were brought to enforce the collection of
debts, and in some localities this was. a profitable business. The
County Court then had jurisdiction in all cases where the matter
in demand exceeded the sum of fifteen dollars, and this brought into
it a great number of suits now tried by single justices, and accounts
for the great diminution in the number of cases now brought here.
Piles of learning were devoted to destruction by the edict of the
legislature, admitting parties and other persons in interest to be
heard as witnesses. The nicest and most refined legal cpiestions
were fre(|uentlv brought before the Courts for decision in matters
relating to the interest of witnesses, but now tlie\' are almost for-
gotten by the most learned of the profession.
TlIK AITIIORITIKS Tlli;\ IN ("SIv.
The Statutes tlien in force were the Revision of 1808. by far the
most elaborate and C()m])lete of any ever i)ublished. It contains
a complete history of the legislation of Connecticut on all subjects
of statutory enactment from the first, and is still a useful book for
studv bv the profession. The i)rincipal labor of its ])reparation for
])ublication was j)erforme(l by Thomas Day.
Comparativeh' few Aiuerican authdrities were cited in our
SKDC wick's ADHKl'.SS 85
Courts, tlun. Mr. I )ay luul puMisluil tnnr voluiiics of |);iy"s Rr-
ports. and lluii had suspended t'urtlur |iul)lioation for want of eii-
couraj^euienl. Tlie Ix'jJl'islature. in 1S15. had audiorized the Court
(o ajjpoint a Reporter, and had j^iven him a salary. I iider such an
api)ointnient, .Mr. l)ay had coninieneed puhlishint.; llie Connecticut
Reports, and had puhlished three vohimes of them, when he puhhsh-
ed the fifth of Uay. thus tilling;- the .^ap helween the f(nirth of Day
and the first of Comiecticul. The .\. ^ . Rei)orls, by Caine and
|t)hnson, down to the 12th of h'hnson, and twelve volumes of the
Massachusetts Reports, were out, and thi>c, with our Reports, were
about the onl_\- American authorities wliich were eitrd in our Courts
Not a sinj^le American elementary work had then been published, ex-
cept Swift's v^ystem and Swift's l%vidence. The b'n^iish Re])orts from
r.urrows clown, includinj;- Doui^las". Cowper's, Term, and l^^ast's
Rei)orts. down to the 12th volume, with Blackstone's Commentaries,
which were always on the table, were the staple authorities of the
times. I remark in passiuij;-, that ju(l<>e Reeve said that he consider-
ed Cowper's Re])orts the best that had then been published of the
decisions of the Court of King's bencli.
I>ut it is time to speak of the warriors in tlu)se bl(j(jdless f(jrensic
battles which were fought on this field, hfty years ago. They are all
fresh in my memory, but the\ liave ])asse<l from the stage of life.
1 have delayed this part of m\ undertaking to the last moment, from
the mere dread of entering upon it. I feel it to be a very dillicult
task to present the lawyers of those days to the profession now. in
anything like their just attitude. Men of the highest attainments at
the bar are entirely different from each other. Many little things
which cannot lie detailed enter into the com])ositiou of the characters
of (lififerent men. The same qualities mingle in unequal proportions
in different persons and I feel embatrasscd in every way as I ap-
proach the task of sjjeaking of the professional gentlemen who
maimed the post of duty on tliis field, fifty years ago.
There were then, as now. two clases of the profession here. ( )ne
class had a local practice, being ])rincipally engaged in causes arising
in their immediate locality. The practice of the other class was
co-extensive with the power of their ability and not always confined
to the county — of this later class there were several here.
1 1 i)C,i': Con, I).
The Honorable James Gould had undoubtedly stood at the head
of the profession in this state, both as an advocate and a lawyer,
previous to his elevation to the bench of the Supreme Court, .\fter
his retirement from that position he professed to have retired from
practice, and devoted himself principally to giving law lectures to
86 l.lTCIlI'Ilil.l) COINTN UKNCII AM)
AR
Students, l)iu ill two cases in this countx', and one in 1 lartford (.'(nnitv,
he came to the bar and concUicted the trials. ( )ne was tlie case of
the Phoenix P.ank aj^ainst Governor Wolcott and others, in which
the Governor endeavored to avoid payment of a debt for wliich he
was only a surety, on the ^'rounds of usury. Tt was a proceeding;-
in equity, and the aro;ument of Judge Gould was exceedino^ly able and
elaborate. He occasionally indulged in keen, cutting sarcasms,
which pointed strongly to the Honorable defendant wIk^ was present.
His argument w^as what Cotton Mather would call "(/ luciilcnt com-
mentary" on the law of usury. The case was decided in favor of
the Bank.
The other was a trial to the jury in which a very intimate friend
of Judge Gould was a party, and in this case his ]irofessional emi-
nence was exhibited in a very striking- manner. In his argunient
he was entirely unimpassioned, and remarkably clear in his illustra-
tions. He stood much of the time with his hand on a book, which
stood on one end, on the table before him, and I do not remember
that he made a single gesture during the wdiole time of his argu-
ment. He occupied the attention of the court and jury for an hour
and a half, and it was the last case he tried. He was a perfect master
of the most effective method of delivery. In his written opinions
while on the bench there is sometimes an involution of thought and
language as well as a prolongation of sentences which renders neces-
sary the strictest attention w-hile reading to work out the true mean-
ing, but in his oral deliveries he had such a perfect mastery of the
laws of accent, emphasis and cadence as to make his meaning in-
telligible to the most careless hearer. The exhibition of his ability
in this case was an appropriate closing effort of a long' career of high
professional eminence.
There were a few other members of the bar, not reaching the
eminence of Judge Gould, yet whose practice was co-extensive with
the countv and extended sometimes into other counties. The names
of the following gentlemen now occur to mt as belonging to that
class: Xoah \\. IJenedict, Asa liacon, Elijah Sterling, David S.
Boardman and Phineas Miner. I have not included the name of
Jabez W. Huntington, for the reason that he was then a young man
and had not, by any means, reached the high standing which he
afterwards attained. He was engaged in \er\- nian\ of the cases
tried, but very often as a vohmteer in aid ^f some young begitiner
who had sought his hel]i, which under such circumstances he was
always willing to render, h'or the same reason 1 ha\-e omitted the
late Chief Justice Church because he was then just beginning to
obtain a good professional standing, and was called to the bench of
the Suj)reme Court which he afterwards greatly adorned before he
had obtained the high rank as a la\\-\er which otherwise surely
awaited him.
SI'.Dt'.WK'K's ADDKlvSS 8/
NoAii i;. i;i;m;i)K T.
I'roiii ni\ iK'st rccolUTtion ot' tlir ^tamlin.n of llic tirst lawyers
at tlic bar in tli<»sc oliK'ii tiiiu's, 1 am ii)cliiK'(l to award tlie first place
as an advocate to Xoali !'.. I'.enedict. 1 le had every advantaj^^e which
a fine jKTSonal ajjpearance could s^ive liini, not very tall, but well
proportioned, with a countenance of i;Teat beauty, indicating kind-
ness of feelin,";- and intelli.nence of mind. His ari^uments ])rofluced
conviction in the minds of the triers more by insinuation than by
inif^rcssidii. lie was earnest, but seldom im])assioned, nuld and
winninj;- in his manner, and thus worked his way as by stealth to
the heart and convictions of the court and jury. I remember a case
on trial in which he was opposed by IJoardman; and i'.enedict, who
was for the defendant on the trial, contestetl the points inch by inch
as they arose in the case. Durin^- an intern.iission some one asked
lioardman how they were Retting- aloui^ with their case. He re|)lied
impatientlv, "Not verv well. I'.enedict is as ingenious as the devil
can make' him, and he pla.g-ues us to death." He was engaged in
nearlv all the important cases tried in all the ccuirts, and his practice
was extensive in New Haven and Fairfield counties. He attended
the session of the Supreme Court at Litchfield in 1831 and argued
several cases, but left on account of illness before the term closed.
In a short time I heard he was dead. He had reaclied the age of
sixty-one years. In the case of I'ainnan vs. Bacon the last case
but one which .Mr. T.enedict argued. Judge Daggett, in giving the
opinion of the court, pays the following tribute to his memory: "I
have, in this opinion, made great use of a brief furnished by the late,
lamented Mr. Benedict, because I found it presented the argument
in that terse, vet luminous view of which that gentleman was so
conspicuous, and by wdiich the court were so often instructed and
enlightened, and rarely more S(^ than in this, one of his last efYorts."
ACON.
.\sa lUicon was a native of Canterbury and came to Litchfield as
earlv as 1806. after a short period of practice at East Haven, and.
for a w^hile, was a partner of Ltd.ge Could. In 1820 he had become
a leading si)irit at the bar. He had a fine personal ai)pearance. being
tall and well proportioned, and usually richly dressed. The first
time I saw him before the jury his head was well cased in powder
and pomatum, and a long queue was dangling at his back: but he
soon laid aside this conformity to old time fashions, although he was
the last member of the bar to do so. He was und.nibtedly a very
hard student, and his briefs were the result of extensive and fauhful
studv, but was after all an interesting speaker. He would sometnnes
88 I.ITCIII'IKI.I) COl'M'N' I;i;nC1I and ]!.\R
intcrhuk' his ari^unicnls with specimens of (h'ulkTy and llashcs of
wit. and the expectation that these would l)e i)ut forth secinx'd a very
strict attention from all his hearers, lie freipiently cjuoted passages
of scripture, and commented upon them, not always irreverently,
l)ut sometimes with rather unbecoming levit\-. ]-fe was a mortal
enemy of universal sutitVage, and once in commenting upon the para-
ble of talents he called the bailee of one talent who had hid it in
the earth a iiiin'crsal suffrage man. He was a genial, jolly, com-
jtanionable man. and although not addicted to excessive liberality
in his benefactions, still kept himself in good stantling while he re-
mained here. When he had reached the age of sixty years he was
a]ipointcd president of the Uranch of the Phoenix Bank, located in
Litchfield, and after that was never seen jirofessionally engaged in
C'ourt. The last years of his life were s])ent in Xew Ilaven where
he died at a very advanced age.
CKXKKAl. STKKl.lXC,
General Elisha Sterling was a native of Lyme and a graduate of
Yale College in the class of 1787. He studied law with the Hon.
John Canfield of Sharon, who was his father-in-law, and settled in
Salisbury in 1791. He was a man of high order of talent, and had
he addressed himself solely to professional points would probably
have stood at the head of the bar in this county. But he loved
money and gave much of his time to diiYerent kinds of business,
and accjuired great wealth for those times. Notwithstanding this
propensity he had an extensive practice and was engaged in most of
the cases coming from the northern portions of the county. He
was a ready speaker, not very select in the choice of w(n-ds and
not elocjuent by any established rule of elocution, but there was a
kind of im])etuosity in his manner, accompanied by a ra])id but dis-
tinct utterance of language which gave him popularity as an advo-
cate. He was api)ointed State's Attorney in 18 14. and held the
otlice six years when Seth 1*. Beers, Ksq., was appointed in his place.
He retired from practice soon after, and died in 183'). at the age of
seventy-two years. His wealth enabled him to indulge the stron_<^
taste he had for a handsome style of living and ecjuipage, and in
that direction liis mind had strong- aristocratical tendencies.
I DC I'. lUiAKIi.M.W
David S. Boardinan was a nati\'e of Xew Mil ford and settled
there in the practice of law after his admission to the l)ar in 1795-
si'.iii'.wnK 's \iii>ui!ss 89
111' was a man dI nliriiiL; ilis|)().siti<)n, in no way };iviiij; showy ilis-
l>la\ ol' liis |)owt'rs. ])nt lie was a finished le^^al scholar, ami was
(kenied a very safe and ])nident iirofessional adviser. I ie had a very
nice Hterary taste, and the least grammatical l)lunder hy a jud^a- or
lawver attracted his attention and fre<|uently his ridicnle. 1 lis ar^^u-
ments were i)ointed si)ecimens of i)ersi)icuit\ . precision ami force.
hut he failed to attract iiuuh attention as an advocate throuj.,di ^
defect of vocal jiower. Mis voice was fevhle and could scarcely
he hear«l except 1)\ tliosc who were near him. lie had a hif^-h char-
acter for nK)ral rectitude, and his four or f\\c years service at the
head of the County Court i^ave it a dit;int\ and moral ])ower which
in other vears it had scarcely ohtained. Sketches from his i)en,
descrii)tive of some of the memhers of the har in this County of the
last century were pubhshed in one of our comity papers, some
twenty vears ago. and they are of the dee])est interest to those whose
tastes lead them in that direction <d' historic in(|uiry. They were
originally in letters written to myself, and were afterwards with his
consent prepared for the press and published in the i)ai)er and in
])amphlet form. He was a College classmate of Asa r)acon and
tliev were warm personal friends. He lived to the great age of
ninetv-seven \ears.
i'iiixK.\S .mini:k.
I'hineas Miner, the last because the youngest of the class of
lawyers to whom I have referred deserves a much more extended
notice than T shall be able to give him. His amia])le and genial
temper as a man seemed to make him very po])ular as a law^yer.
iMdelitv to his client and a laborious attention to their interests was
a marked trait in his professional career. He commenced practice
ill Winchester, his native town, and had there acquired a good stand-
ing in his profession when he came to Litchfield in iSkS. He had
an extensive practice and was noted for the diligence with which
he pressed every point, however utiimportant. which could lie made
to tell in favor of his client. His arguments were generally ex-
tended to a great length, and I have known him to receive a gentle
hint from the Uulge recommending a condensation of his thoughts.
He died in 1839 at the age of sixtv years, and Mr. Day. the Reporter,
gives a flattering estimate of him in a foot note on the 134th page
of the 13th volume of Connecticut Reports.
I am now to speak of a class of lawyers, much younger than those
to whom T have already referred, but who had obtained a good
standing at the bar fiftv vears ago.
90 i.iTiMii"ii:i.i) l-()^•^•T^• I'.KXc'ir and i?.\r
Wll.I.lAM C. WILLIAMS.
Of Xew Hartford, stood as high as an\ iiicnil)or of this chiss. He
belonged to tlie eminent anil reputable VVilliains family of Massaehu-
setts, his father being a nephew of Colonel Ephriam Williams the
founder of Williaius C<illege, and himself the first cousin of Bishop
Williams of the Episcopal Churcii of Connecticut. As a special
pleader lie had no superior at the bar. He had a tolerably fair stand-
ing as an advcx'ate. and was indefatigable in pursuing to the last
possible efYort any purpose he had undertaken. If lie failed in one
form of action he would try another, and never gave up till further
persistence was hopeless. He commenced business as a lawyer iti
Sharon, where he married, but after a few years he removed to New
Hartford, where he remained during iiis life. He had scarcely
reached the age of sixtv \'ears when he died.
JOHN STRONG. JR..
Of Woodbury, his native town, was a law^ver of very fair standing.
I remember once to have heard Judge I'oardman say, that if he
found John Strong differing from himself on a point, he always
doubted the correctness of his own conclusions. He was a ready
speaker and had a peculiar habit of looking all over the hall, fre-
quently directly behind himself, while he was addressing the jury.
His arguments were clear and logical, and he was always listened to
by tlie court with attention. He had scarcely reached the age of
fiftv vears when he died.
C.\L\'1N lifTLKR,
Of Plymouth, had a very good reputation as a lawyer. He also
stood well with his fellow citizens of Plymouth, as he was often a
member of the legislature, and he was of the convention of this
state. He was also a member of the Senate in 1832. He had a part
in all cases which came from that town and managed a trial very
well. He was earnest in his manner of addressing the jury, and he
was in full practice up to the time of his death, when he had
reached the age of sevent\-two years. He died suddenly, while
away from home, and left behind a good record as a faithful law-
yer and an honest man.
CNRIS SWAN,
( )f Stonington, came to the bar of this county in iji^S. He settled
in Sharon, and continued in full practice for twenty years. He was
si;i><.v\ u K s audkkss (ji
a])i)()intc(l a jii<lj;(.' <•!" tin- cnunty cimrt in icXiS, and roa])|)oinU'<l ior
the succecdinji;" year, l)ut rcsij^ninj^- tlu- ollicc iK'forc the close of the
term. His hcaUh hecomini,'' intolerant of sedentary habits and re-
quiring- out-door i)ursuits, he never resumed full ])ractice, althouj^h
he occasionally appeared in trials where his old friends demanded
his aid. His arguments were clear, sound and sensihle, and were
listened to with attention. His mind was well stored with sound
legal maxims and his aim seemed t(.> he to make a sensihle a])plica-
tion of these to the case in hand, lie died in 1H35 at the age of
sixtv-five years.
AXSKI, STKKI.INC.
A younger brother of the General, with whom he studied law,
settled first in Salisbury, but in 1808 went to Sharon, where he s])ent
his life. His talents were diversified, addicting himself readily to
anv pursuit which was a source of money making, in which he was
very successful. As a lawyer, his forensic ability was of high
order, nor was he deficient in legal science. His language flowed
readily and rapidly, and sometimes his a])peals to the jury were very
effective. He w^as a member of Congress for tw^o terms, and did
not conceal his disappointment that he was not nominated for the
third. That compliment was afforded him two years later, but he
was defeated by (Irange Merwin whom the federalists had placed
on their ticket. He died at the age of seventy-two years, leaving a
large estate and a numerous family.
ToSKl'll MILLKR,
Of Winsted, who died recently in ^Michigan at a very advanced age,
was a man of moral talent and of a higher order of legal acquire-
ments than he usually had credit for. After the removal of Mr.
Miller to Litchfield, his practice was large and continued to be so for
several years. His arguments were short, compact and logical,
and W'Cre listened to with attention and interest. Tn middle life he
removed to Michigan, where he had a prosperous career.
WTI.I.IAM M. lU'RKALL,
A native, and through life a resident, of Canaan, was a lawyer of
very extensive practice in one branch of business. He commenced
a great mauv cases to the court, but never argued one on the final
92 I.l'lTill'IKI.I) (."OlN'rN' l!KNl."ll AM) 1!.\R
trial. He would sometimes argue motions for CDiitimuuK-c, or for
other i)ur])t>ses. and his success on such occasions showed that he
had underrated his own powers. Althoui^h he did not arj^ue his
cases he was the master s])irit in manai^in^- all the details of the trial,
in what order witnesses should ])e called, and the ])oints of testi-
mony brou«-ht out. His associates depended s^reatly on his skill
in conducting this i)art of the proceedings. He had a kind, affable
and winning wax in his social intercourse, and his ofhces were em-
])lo\ed in adjusting and settling legal controversies. He acted as
committee and arbitrator in more cases than any other member of
the bar of his time, and if a desire to make himself as indifferent as
])ossible to all ])arties sometimes seemed to hold him back from de-
cisive action, he always, in the end, showed true firmness and in-
tegrity. He was an associate judge of the County Court from 1829
to 1836, and after that chief judge for ten }ears. He died at the
atre of sevent\-seven vears.
C(JI.OXlCl. WII.I.IAM cor.oswKi.i.,
Of Xew IVeston, a very worthy and respectable gentleman, was a
member of the bar and was very seldoiu absent from the courts,
He never engaged in the trial of a case, and very seldom spoke to
the bench, but he was always a busy man in the court room. He was
one of the electors who cast the vote of Connecticut for John Quincy
Adaius for P^resident in 1824. He died before he had reached a very
advanced age.
SKTII r. I'.KI'.RS.
W hen I came to the bar in 1820, Seth W 1 leers, Esq., was in full
])ractice. Fie was appointed State's Attorney soon after, but resign-
ed in three years, having been appointed Commissioner of the
ScIkmiI Fund, which othce he held for twenty-five years. I have
heard him say that some terms of the Court he had commenced as
many as one hundred and fifty cases, and he was very tlK)rough in
all matters committed to his trust. His talents as an advocate were
respectable, his briefs being very full and his knowledge of every
minute point being very complete. It is hardly necessary to speak
further of him as he lived down to a jieriod within the memory of
most of those who are present.
:\' SMrni,
( )f .\ew .Milford, held a somewhat i)i'onunent place at the bar and
his practice was extensive. So many dift'erent estimates have been
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SI'.IH.U H K S AltDKKSS 93
made oi .Mr. Siiiiili".'- real (|ualilits, ilial il is ditlicuU to .speak of him
with any \cr\ stronpf assurance of correctness. That he had talents
and friends the success he achieved both as a lawyer and a |)(jHtician
render certain, but those who reiiumber the time of his ]jrofcssional
exi)erience, here, know that he had enemies, and such would be the
nattiral result of the unrelentins^" bitterness with which he j)ursued
his adversaries in his efforts before the courts. There was a bitter-
ness in his invectives, a ])ersistence in his ])ersecutions. an implaca-
bilit\ in his enmities, \vhicli L;a\e a decided character to his ])ro-
fessional career, and which insured him the enmity of all aj^ainst
whom his efforts were directed, lie was always listened to with a
kinil of inquisitiveuess as to w'hat new fountain of bitterness he
would open, or what new invectives he would invent to pour out
ui)on his adversary. 'I'hcse were sometimes directed ai^ainst the
opposint;' party, and u])on the wdiole he incurred a i^reat amount of
hatred. 1 am only s])eaking of what occurred in court, and ex])ress-
ing the o])inion which we would form in witnessing his jjrofessional
conflicts. It cannot be doubted that he had many friends and sup-
porters outside of this scene of action and it is not likely that he was
as warm and constant in his friendshi]) as he was bitter and unre-
lenting in his hatreds. After his election to the United States Senate
he retired from the bar and was verv seldom seen here.
ROC.KK .MILLS
Of Xew Hartford, was at one time a partner of Mr. Williams, of
whom we have already spoken, from whom he differed in every re-
si)ect except that both held the position of honorable and worthy
gentlemen. Mr. Mills was slow in his conception of thoughts, slow
in all the movements of mind, and very slow^ in his delivery of his
arguments, and vet when all his duties in a case were accomplished
it would be seen that he had made a creditable effort and that he
was far from being a law^yer of indifferent pretensions. His son of
the same name succeded him in the practice of law at Xew Hartford,
but has since moved to Wisconsin where he has had a successful
career.
.MICITAKL I'. MILL
Of Norfolk, was a somewhat prominent member at the bar, not
because he had verv much legal ability, but because he had the tact
to make much show out of little substance. He never attempted to
argue cases in the higher courts, but on the trial of motions as they
came before the Courts, he was very jirominent. We all thought
si".ih.\tii'k"s .\I)I)i<i:>s 95
incinl)(.T >>i tlu' k'i;isl;ilurr, wluir he lia'l ;i ^mxl >li:ii\- of inlliu-iice.
Ik' was usnalK rhainnaii nl' the cuinmiltcc- on <livi irci-s ami liis re-
|)(irls in such cases were very inlerestin.q-. He was a man of ^<nul
coninion sense and accpiitted Iiiniself creditably as a judj^e, hut his
powers faileil wilh his adxaneiuL; lite and he live<l for several \ears
in eoniparatiw ohscnrity.
ISAAC I.l".A\'l-;\\VoK'l'll \\l) KoN \I. K. IIINMAN.
There were two lawyers in l\o.\hur\ hfty years ap^o, Isaac Leaven-
worth and Royal R. llinnian, wdio made a considerable show of busi-
ness before the courts, 1)ut who retired from jiractice in the course
of a few vears. ]\[r. lA'avenworth went int<t otlu'r business in Xew
Haven where it is said he has been ver\ success fnl and is still \\v\n^
at a very advanced aj^e. Mr. llinman held the olhce of Sec-
retary of State for eight years, and published several i)ann)hlets con-
taining- the statistics of many of the most prominent families in the
state.
losKi'ir II. iu:i,i.\MV
Of Bethlehem, deserves more than a passing tribute, lie was a
grandson of the celebrated divine of that name and was a man of
great moral worth. He never had a very extensive practice as a
iawver. but was much im])loyed in various branches of public busi-
ness. He was frequently a member of the legislature, and once rep-
resented the sixteenth district in the Senate. He died in middle
life, and all. of all names and jjarties. i)ay him the tribute ot an
affectionate and respectable remembrance.
THKOIWRK NORTH
Of Goshen, his native town, removed to Chenango County. X. ^ .,
about 1823. He graduated at Williams College in iSc/) with the
highest honors of his class. He was a remarkably well read lawyer,
and had a respectable standing as an advocate. He attained to
eminence in his profession in the State of Xew York. He died
some twentv vears since.
C)6 LiTiii i"ii;i.i) lOi NiN i;i:n(.ii and i:.\r
VOINC. .Mi:.M r.l-.KS (»1- Till". I'.AK.
In iSjo tlu-ro were several youiii;" ineiiil)ers of the bar who had
just ooninienced practice, some of whom afterwards became eminent,
and two of them, Truman Smitli, and Ids cousin Xathaniel B. Smith
still survive, llesides these there were Oeors^e W'heaton. Lenian
Church, David C. Sanford, Xathaniel Terry of Xew Milford. and
William S. Holabird. These all lived to a period within the memory
of many now in practice here. Perry died at an earlier date than
either of the others and left a family, but he was still a young- man
when he was called away. Sanford became judge of the Supreme
Court and was greatly respected for his eminent fitness for the place.
W'heaton was celebrated for the great skill with which he prepared
his cases for trial, and his arguments, homel\ in style, and common-
place in method, were listened to with great attention. They were
often charged with dry shots of wit which told upon his adversary
and excited merriment with the bar.
LKMAX CJll'KCH
Obtained quite a celebrity for his legal acumen and sharp points of
character. If a lawyer is to be deemed successful in i)roportion
to the number of cases in which he wins he was far from being a
successful lawyer. I am inclined to think that the spirit of forensic
combativeness, which seemed to possess the whole man, led him
s(jmetimes to advise groundless prosecutions and to encourage
groundless defences. He wanted to fight, no matter whether for
the right or wrong, and the consequence was that he lost more
cases in proportion to the whole number in which he was engaged
than anv other lawyer at the bar. Still, nobody could deny that he
]:)Ossessed eminent shrewdness and sagacity as a law\er, as well as
forensic abilitv of ver\- high order.
Wll.l.IA.M S. IIOl.AlUKD.
A native of Canaan. i)racticed in Colebrook, but si)ent most of his
life in Winsted. He ])ossessed talents which might have given him
l)rominence and distinction as a lawyer had he devoted himself
strictly to i)rofessi(Hial avocations, l)ut he addicted himself more to
other pursuits than to that. I le was Lieutenant Governor for two
years, and for a short time I'nited States Attorney for the District
of Connecticut, and T never heard any complaint of his want of fit-
ness for either ])osition. lie ex])erienced various lortinies in his
worldl\- affairs, being sometimes poor and sometimes rich. At
TKL",MAN S-MlTli
si;i»i.\vi( k's akdkI'.ss 97
lii> ili'atli, wliirli uccurrnl m n m attrr \\v rcaclictl the a^c <if fifty
wars, he k-fl a liamlsdiiu- estate t< 1 lii> family.
'IMicre were a t'ew xouii};- nieinl)ers <)f tlie har in 1X20 \vli«» <lie<l
after, a slmrt eareer, some of wIiodi weri' pnihably never heard of
bv the iiiemhers of this seneratiun. Their iiaines now occur to me:
Homer Swift of Kent; IMiilo X. lieaeock of New Milford; and
Chainicey Smith of Sliaron. These started in pnjfessional Hfe with
ardent ho])es and fair prospects of success, l)ut their career was soon
cut short h\- (leatli.
C.KOKC.K S. I'.OARDMAN'.
Son of the Hon. Ehjah lloardman of .\'ew Milford, was admitted
to the bar in 1821. He was a youn^- man of decided promise and
was a special favorite of his uncle Jud.ye IJoardman. When 1 visit
New Milford 1 observe, still standing", the brick hre proof ot!ice
which his father built for him, hut he lived only a few months after
taking- possession of it. and his tleath was greatly lamented through-
out the community. His efTorts at the bar gave i)roof of decided
talent and he had made himself a sjjccial favorite among the mem-
bers.
COXCH'SIOXS.
The whole history of this bar for the last fifty years, teems with
pleasant recollections. As a whole, it has a reputation for high
toned integritv and professional comity aiuong its members which
is very much to its credit. If there have been instances of profes-
sionaf delinquency, they have been so rare as to have made no mark
on the record of the times.
I have now spoken, to as great an extent as the tinie wdl allow,
of the men who flourished in this temi)le of justice fifty years ago.
I have no time to give expression to thoughts which come up. with
great urgencv for utterance, upon such an occasion as this, or to
review the history of the last fifty years in any other relation than
those which appertain to the administration of justice here. The
progress of human afl:'airs during that period, towards their final con-
summation, has been marked with great changes and vicissitudes.
\\hat shall be their development during the fifty years to come, can
be of verv little personal interest to me. I cherish the hope that
this bench will continue to be occupied by judges of integrity, al^ility
and of high judicial aptitudes, and that this bar will continue t.i be
adorned witli members whose pure lives and eminent attainments
shall make their position one of honor and usefulness.
98 i.rrciii-ii:i.n torNTv i;i:ncii and i'.ar
Standinq^ lierc aUnic. the only mciubcr of this bar who has been
in i)racticc for fifty years. 1 take i)leasure in expressing" to my
brethren of more recent experience tlie deepest gratitnde for the
pleasant and friendly relations they have ])ermitted me to enjoy witli
them dnring the wliole of onr acquaintance. \U their kind amenities
and the favor of the judges, the rays of my evening sun have fallen
upon me softer than did tliose of my noonda\'. These precious
remembrances will remain w ith me as long as 1 have consciousness,
and in conclusion 1 sa\- to my brethren, not as a thoughtless wish,
btit as an honest ])raver — ma\' (hkI bless you, eacli and all.
artist's iScmmi00nres
REMINISCENCES
OF THE
LITCHFIELD COUNTY BAR
DELIVERED AT THE
CENTENNIAL BANQUET
NOVEMBER 18, 1898
BY
HON. DONALD J. WARNER
DOiNAI.U I. \\AKN1:K
Reminiscences of Litchfield County Bar.
Mr. C'liairnian and i;rntlenien of tlif I'.ar. 1 thank you all sin-
ccrcK that 1 am i)crniili(,'(l in he prcscnl on this occasion. an<l the
effort would recjuirc belter lan!.;uai.;e than I can express to tell you
of m\- gratitude at your kind reception.
If I understand the i)ur])on of what is expected of me on this
eveniui;- it is that 1 shall i^ive ni\ reminiscences of the P>ar, of the
sayings and doings of the dead who have passed before me. As a
preliminary matter T wish to call \our attention to an earlier period
in mv life'in relation to the great inroads made- by the Legislature
of tlie State of Connecticut upon the ancient laws. Fifty years
ago last A])ril. through a rupture in the democratic party in Salis-
Inn-v to which 1 belonged, a faction. 1 ought to say. not being identi-
fied with either, but attending to my own business rather than to any
political aspirations, 1 was urged to .stand for the nomination for
representative to the House; T did so. was elected and became a
member of the Legislature which held its session in .May. 1849.
I'ortunatelv or unfortunately 1 was elected, in my 29th year, although
at that time I was considered a very youthful man to legislate for the
people of the State of Connecticut. Lafayette Foster, the distin-
guished gentleman, state senator and judge of the Snperior Court,
was the Speaker of the House ; 11 on. Charles J. :\rcCurdy afterwards
minister to Austria and a judge of the Su])eri()r and Supreme
Courts, was Lieut. C.overnor and presided over the Senate. I was
highlv honored, without any solicitation on my part, by being ajv
pointed on the Judiciary Committee. Of course T had to go to the
tail end of it. a very i)roi)er jjlace for me.
Mv. Huntington: — iUU thai tail wagged the dog.
Mr. Warner: — Well. 1 will tell you about the il<'g later. In
the vear 1847. three distinguished men in this state ha(l been ap-
pointed a committee to revise the statutes of the state. That com-
mittee consisted of Governor Alinor. afterwards a Superior Court
judge, Judge Loren P. Waldo and Francis Fellowes. a lawyer, keen
and shrewd, of Hartford, on that committee. The very first thing
that was referred to our judiciary committee was the report of this
revision committee, and our very first subject were the details of
that report. Thev appeared before us at our first sitting. And al-
low me to sav right here, that chief-justice Butler of Xorwalk. then
state senator', was the chairman of that judiciary committee. 1 he
revision committee had drafted one or two laws which they wished
the uuliciarv committee would see were offered in the Legislature
102 \\\i<\i;ks k"i:m in isi.'i;mi:s
and passed sd that it iniLjht bi' ino(>r])i»ratc(l in the rexisioii whieh
wtnild l)e ])iil)Hshed that year.
'Pliis was only an act permitting and anlhori/.ini;'. in a snit between
parties, that the part\ in cpiestion shcmld ha\e the privilege of call-
ing- npon the tjjjposite party as a witness to testify to the facts that
he nii_t;ht inquire ahotU. jnds;e Waldo was also on the judiciary
committee, re])esentin^- Tolland. The distinguished William \\'.
Eaton was his colleaj^tie in the IJonse. 1, bein^- the tirst at the tail
end of the committee, was called ni)on after the discussion to ^"ive
my opinion. The opinion which 1 i^ave T had a lont;" time nnder
consideration in relation to the law of witnesses and parties inter-
ested being permitted to testifw Chairman lUitler called npon me
to give my opinion. T said distinctlw ( it was in the presence of the
revision committee also) that I was opposed to any such law. They
had said to me it was a cop}- of an Act that had been passed in the
State of New York, a recent statute there, and I gave my reason
as being opposed to it, one great reason was this, that an honest
party might be compelled by a scoundrel to testify to a fact that
wotdd be damaging to him unless he had the same ability to testify
himself. And 1 was in favor of going further, I was. in favor of
passing an Act which would sweep away and wipe otit that century-
old doctrine and permit every man, party or interested witness in
any form, to tell his story before a court and jury, that justice might
be done. I said further "look over your Connecticut reports and
you will find decision after decision where questions have gone up
to the Supreme Court to ascertain whether there was a slired of
interest in the witness that testified before the court. I said to
them "we have the action of account in which witnesses are permitted
to testify ; we have the action of book debt in which all parties may
testify, and how many cases will you find in the reports in this state
where the (piestion is laid before them whether an action which was
brought in l)Ook debt did not properly belong in an action of general
assumpsit.
Well, the next gentleman was the late lion. John 1'. C. Mather
of Xew London who sat at my right. He concurred with me. and
so it went around froiu lawyer to law\er and laymen, we had an
excellent layman there, he did ro\al work, and it was passed unani-
mously witli the exception of jtidge Waldo, who said: "1 am in
favor of the law, but w^e tried it last year in the Legislature and it
could not ])ass and the people are not ready for it, and I have con-
cluded that the next best thing to do is to adopt the law of Xew
York." Well, there was then in the Mouse a man named Peck of
Xew Haven, a brilliant man, a lawyer by I'dncation and a leader
of the Whig side: there was Tnnnbull, later (io\ernor, there was
the elder Charles Chai)man who were leaders from Hartford, there
was C1iaunce\' Cleveland, I'^x-Ciovernor, a i)ower anywhere, his name
and liis fann' are known to n'ou all; lliere was William W. Iviton
\\.\km:ks ri: MrMstKKCKs 103
alst). W'fll, I was fmally instrucud 1)\ the cliairinan. Ju'l-e lUillcr
to draw u}) a bill and have it presented. 1 drew the hill wiiich
was introduced in the i louse or Senate. 1 forget which, it imniedi-
atelv passed the judiciary conimiltec-, ami was introduced into the
House, and also in the Senate. It lay upon the table sometime
there and the matter was often cussed and discussed. Judge Dutton
came to me while in the House and said to me "Mr. Warner, every
member of the Superior and Supreme Court is oi)posed to this law,
it is such a radical change that they think a great injustice, wrong,
fraud and perjury will be ])erpetrated in the administration of jus-
tice." 1 said "Well. I can't help that, I am in favor of it." So it
went along, and one day Judge Dutton came to me in my seat and
said to me "Mr. Warner do you intend by that Act that a criminal
should testify in Court?" "By no means, sir." Dutton said "Well,
he has a right to." I said "No, sir." Well, we looked at it and he
explained it to me, to my astonishment I felt as if 1 had done a very
wrong thing, that I had disgraced myself by drafting a bill that
extended the law to criminals, and 1 looked at it and it c(jnvinced
me that he was right. I immediately went to Cha])nian in his seat
and told what Judge Dutton said and I told him 1 thought it per-
mitted of such an interpretation. He replied "well, it does, now
what shall we do?" After a thought, he said "Warner, draw an
amendment, when it comes into the House, just move an amendment
to the bill." Well, 1 drew the amendment and soon after that Chap-
man came to me hurriedly and said "that bill has only passed the
Senate by the casting vote of the Lieut. -Governor, don't you intro-
duce that amendment, don't say a word, unless objection is made in
the House, and then you can offer the amendment." The bill came
into the House passed by the Senate and the usual formal vote was
gone through with and the bill passed in the House. Chapman
came around to me and said he "Well, Warner, it went through
like grease." Thus w^as passed the law which made a radical change
in the administration of justice and permitted interested parties in
criminal as well as civil cases, to testify in their own behalf. That
law I consider one of the wisest laws that was ever passed by this
Legislature and the roll of honor for it stands to Connecticut, and
I thank God that some of its labor belonged to Litchfield County.
The verv next term of the Superior Court in Litchfield County
after that session of the Legislature was held in August and pre-
sided over by Judge Church, a native of Salisbury and one of the
best lawyers on the bench. There was an interesting criminal trial
on the docket, a lawyer of prominence from New York and Judge
Sevmour were the prisoner's counsel. The defendant had put in
his evidence when Judge Seymour arose and said to his Honor,
"here is a statute passed by the last Legislature, I am not clear in
my own mind as to the proper interpretation of it, whether it will
permit the i)risoner to testify or not, but T am of the opinion that he
104 I.lll lll"li:i.l) COLNTV 1?KNCH AM) r.AR
has that rii;ht, and I sul)mil the (lUOsticMi to your lloiior for the
purpose of determinini^." The judge with considerable acerl)ity of
fecHng animadverted upon the passage of that law as cutting up
root and branch of the old principle which had come down to us
and which no one had conceived ought to be changed. He thought
it would introduce fraud and perjury and all those things which go
to outweigh and destroy justice as administered by the court. Then
Seymour, after the judge had decided that the prisoner had the
right to testify, said to the States Attorney "Then I offer you this
prisoner to testify. I don't propose to ])ut him on the stand for he
might say something which might inadvertently injure his case"
and that was a shrewd act on his part. The States Attorney de-
clined to accept it and the prisoner did not testify.
Now there was another radical change and overthrow of the com-
mon law principle, and that was that no plea in abatement c^f a suit
brought in an action of tort should bar the prosecution of it, wliich
w^as in effect that the right of action for personal injuries survived.
In other words, that the executor or administrator of a person that
had deceased could continue an action commenced by the deceased.
Well, that was a charitable act, but too radical for many of the
lawyers, but it passed the Legislature and no one has seen fit since
to have it repealed.
Now I will tell of an incident which I heard which shows the
workings of the old law. There was a distinguished lawyer by the
name of Loomis in Bridgeport, a merry fellow full of fun, and there
was also Dwight ^lorris. This was before the passage of the law
of the survival of actions for ])ersonal injuries and before the law
allowing criminals to testify. There was a wayward son down in
Bridgeport who had an old, warm, kindhearted father. This way-
ward son had cost the old man many hundreds of dollars and great
grief. He had recently committed some tortious act and he was
prosecuted criminally and convicted and then prosecuted ctvilly for
damages and his body was attached, and the i)oor old father gave
bonds for his appearance at Court.
This worthless son was a lucrry-go-round fellow and he began to
have some feelings for his old gray-headed fatiier, who was in great
grief and sorrow and in great affliction ; his money was nearly ex-
pended on his boy who was so wayward. Well, Dwight Morris was
the junior counsel who was most familiar with the case that had to
be tried at the approaching term, and this rollicking fellow came into
his office one day and talked over the case and the facts in it, how
much thev could do and what circumstances would mitigate the
damages. He said "Well, now, Morris, supposing 1 should die be-
fore that case comes on; would that have any effect on the case?"
Morris said "Why, yes, that would end the case." This son then
replied "By God, T guess T had better die first." Morris said "I
think that is a damned good idea." A few days before the session
\V A \< N 1 ; K S \i I'. MINI Si" I", \ l" KS I 05
of the Court l)\\iL;lil .\lurii> liuniid into I.ooniis's olllct- aiiil said
"My (lOd, Looniis. I jjucss 1 have coinniitted murder." "Why?"
"Wh\- our client is dead, he has connnitted suiei<Ie ; lie came itil«» my
otlice and said lie guessed he would die it it would i-nd the case,"
and in a toolish manner I said "Wlix, it would he a damned good
idea." Well, the case went out. the poor old man's money was
saved, and he lost his son.
It is a well-estahlished fact that in the law repealing;- that old
common law which i)rohil)ited an intcroled witne>> to testify, Con-
necticut was the ])ionecr. And that Westminster Mall in I^nj^land
from which wc received our common law adojjted that very act that
was passed hy the Legislature of 1S4S. .\nd from there it has e\-
tended all over the I'nited States.
brethren. I commenced reading law in March, 1841. under the
instructions of Hon. John 11. lluhhard at Lakeville. and T s])cnt a
portion of m\- time under his advice at Ivitchfield so that 1 might
liave the advantages of attending Court there, and under the in-
struction of the Hon. Origen S. Seymour, that venerahle and great
man. T comjileted my studies with Afr. Huhhard and was admitted
to the har at the August term, 1843. Xdw as it was ex])ected of me
that I should sj^eak of the lawyers who are gone, that I knew when
I was first admitted to the har. T shall go in routine and start with
my native town.
Before I come to those that I knew. I wish to speak about an-
other man. one of the pioneers of law in the town of Salisbury, be-
cause he was the ancestor of a very distinguished race of people,
the ancestor of that prominent man, a judge of the Supreme Court
of the United States who went from the State of Pennsylvania and
died a few years ago. Adonijah Strong was one of the rough-
est pieces of granite. I suppose, that ever existed. He had a strong
powerful mind, he was full of wit and humor, he was illiterate, but
he had great common sense and he had great force and abilitv and
efifect upon the court and iur\-, as I have learned by tradition.
Adonijah had a peculiar voice, it is said, and he had a good old wife
bv the name of Xabby. and a great many stories are told about him.
He was a strong man and belonged to the Congregational Church
and a great supporter of it. TJiere was another colonel there, a
distinguished man. Col. Joshua Porter. He was the ancestor of
distinguished sons, one of them was a cabinet otlicer under the
presidencv of John Quincy Adams. Xow about the time that the
Methodist people organized a society in Salisbury there was a great
deal of opposition to them. I guess there was more objection to
them than the Salvation Army has seen in these later days. They
held a meeting in mv old school district on Ore Hill, and Col. Strong
and Col. Porter had made up their minds that they would go over
there, but not for any very religious purposes. Well, they each
had a peculiar rejiutation. Col. Strong had the reputation of im-
I06 LITCHFIKI.D COUNTY BKNCH AND BAR
bibing considerably and eating heartily. Col. Porter had another
reputation, but I will let you guess what that was. It is spoken of
in the Scriptures. Well, the clergyman who was to otticiate on that
occasion had been advised and Col. Strong's character was por-
trayed and so was Col. I*orter's. They went in and sat down, and,
as I said, for not very worthy purposes, and after a while the clergy-
man was speaking about the characteristics of ditTerent individuals,
and he said "where is that wine-bibber and a glutton?" Col. Strong
got up and said "here 1 am, sir!" and sat down. The next thing
the preacher said when speaking of the wickedness of the world,
"and where is he." Col Forter sat still. Strong said "Col. Porter,
get up and answer to your name as I did?"
Now I will come to those whom I knew in Salisbury. There was
John G. Mitchell of Salisbury, I believe he was born in Southbury.
He came from a very pious parentage and was admitted to the bar,
and came to Salisbury at an early age. He was not an educated
man academically speaking, he was rough in his manners, uncouth,
but he always maintained a reputation of a man of the highest
integrity, but that is common amono^ laywers in Litchfield County.
Everybody esteemed him. He had in his office a very few books,
old and musty, but he was a trial justice and judge of probate after
the establishment of the Salisbury district. He was also connected
in merchandise with ^Ir. Walton under the tirm name of Walton &
Mitchell, and he lived to an advanced age. He was rough and un-
couth, but he had great redeeming traits. Late in life he came
under the influence of a revival in the village in Lakeville and be-
came a very religious man to the astonishment of everybody.
He was frequently called uix)n to speak in Methodist and re-
ligious meetings, he attended faithfully always, and in one of them
he si)oke of how they should work and toil to bring men into the
fold. He said "brethren and sisters, you know the sharks follow the
ship, now cast your nets out among them and you may bring in a
lawyer as they brought me in." On another occasion he was speak-
ing of the power of God. and talked well about it and wound up by
saying "why God could take and throw me right through this meet-
ing house, but he won't do it."
There was another old lawyer there when 1 was admitted to the
bar in 1843 ^^^ gave me a great deal of good advice? He ad-
vised me one day as a lawyer "if anybody offers you anything, take
it, if it is nothing but a chew of tobacco." I recollected that and
always took one.
Then there was Philiander Wheekr, a \'ale College graduate, an
educated man. a keen bright man, full of wit and humor, quick
and happy in repartee, but after I came to the bar he never attended
the courts at Litchfield, neither did Mitchell, but tried ca^es before
justices and arbitrators. One day he was called in over in Canaan
as an adviser to the justice in the trial of a man by the name of
JOHN' n. IlLl'.r.AKU
WAR N i;n s I-; i-; m i \ i sc i'. \ i' ks 107
Rockwell wild was prosccuk'd iov nuirdi-rinj^ his lirotlu-r. lA-man
Churcii was tlic (k-fciidam's counsel and the Hon. John II. Ilubhard
was another, and the prosecuting^- attorne\ 1 think w^as I-'.lniore, aiicl
it was a ])rotracted case, and one forenoon the lawyers had a set-to
as to the admissibility of evidence or some (lutstion that arose before
them, and there was a great deal of controversy between the lawvers,
and after very much had been said they adjourned and went to din-
ner. The lawyers sat around the table and Wheeler came in and sat
down. The landlord came and asked him what he would have, he
wanted to knt)w if he would take some of the j^-oose. "Xo" he
said "I have had that all the morning and 1 don"t want any."
There was an old lady who possessed some property in Salis-
bury, whom they called Aunt I'olly. She was litigious in her
character and she applied to every law^ver to sue somebody and when
one would refuse she would go to another and finally she got a
w'rit out for one of her neighbors and brought it before the Court.
Wheeler defended the person that she had brought the suit against
and he would stir up .\unt Polly until she become violent and quick-
tempered. She had her money in specie tied up in one corner of
her handkerchief, and he became so intolerable, as she thought,
towards her that she jumped u]) and she just Hung this s])ecie at
his head and it hit him, but didn't hurt him very much. He picked
it up and put it in his pocket. Xo sooner had he done that,
than Aunt Polly went for him and downed him over his chair and
the lawyer on the other side said "stick to b.im. aunt Polly." That
was a scene in court in the early days.
I come now to speak of a man to wh(.)m 1 feel greatly indel)ted,
and I wish I could pay a better tribute to his character than I am
able to. and that is the Hon. John H. Hubbard. He was a native
of Salisbury and in his early struggles he had formidable opposition
to contend with. In early life he was feeble and unable to work
and finally he chose this profession, and by dint of educating him-
self by hard study and teaching school winters he was admitted to
the bar in the year 1826. He had a great opposition ])olitically, it
was the day of anti-masonry when the feelings of people were very
much excited upon that question arising out of the alleged death
of one Morgan in the State of New York. He adopted the views
of the anti-masonic party and was opposed by strong men and he
had a terrible struggle, but he held his own. He had that per-
sistent indomitable never-die jjrinciple in him that carried him
along and he became a distinguished lawyer of the bar of Litch-
field County. He is a living example to young men. no matter what
the circumstances may be, if he is persistent, if he is studious, if
he bends his efforts in that direction with an inflexibility that is not
to be beaten, he will in the end conquer. I owe a debt of gratitude
to that man for he drilled me in the principles of the law to such an
extent that he said when I went to the office of ludge Sevmour so
io8 i.iTcirKiKi.i) corxTv rkncu and mar
as to be present when the courts were in session and learn some
thin.q" of its practice, that 1 was able to be achiiitted as soon as my
time of study should expire. He became a member of Congress
and represented the 4th district. He was states attorney for the
county for how* many years I don't now remember.
I will now speak of another gentleman, a lawyer in Salisbury,
Rog-er Averill. He was a graduate of Union Colleg'e, tall, erect
and well proportioned, dignified in manners and a lawyer of fair
ability. He practiced in Salisbury for some years, but the field
was not sufficiently wide and he moved to Danbury and practiced
there, until he was made Lieut.-Govcrnor during a portion of the
time of the distinguished war governor. Gov. Buckingham. He
was my opponent in many cases that we tried and he early taught
me an important lesson in tal)le pounding. In a case we were try-
ing before a justice I became quite vehement and brought my fist
down on the table so strong and so often that he commiserated me
and felt sorry for me, and he kindly placed a law book upon the
table on the spot where I had been hammering and said "Brother
Warner. I am afraid you will injure your hand, the book is softer."
That took all the starch out of me.
Another gentleman by the name of Norton J. Buel was a native
of Salisbury. He studied a portion of his time under the venerable
Charles F. Sedwick, and the latter portion of it under Judge Church
when he was practicing in Salisbury. He moved to Naugatuck
in the first place and afterwards to Waterbury, but he frequently
tried cases in this county and at this bar. He was a successful
lawyer and a gentleman, and one who acquitted himself with great
ability as a lawyer.
Moving along East, we come to North Canaan and we find John
Elmore, he was a native of the town and I understood he was a
very popular young man when he started in business, he was sur-
rounded by many friends, he was very genial and a hale fellow
well-met, everybody liked Jack Elmore, and he was on the high-
tide to become a successful lawyer, but his convivial habits dragged
him down.
Leman Church, who was a half brother of Samuel Church, was
a native of Salisbury, and he attended the law school of Judge
Gould at Litchfield. He located at North Canaan about the same
time that Elmore did. Instead of having many friends to aid him
he had to encounter the opposition of the prominent men of the
place. I asked years ago an old gentleman who was familiar with
North Canaan why it was that they all stood by Jack Elmore and
not by Church. Well, he said, Elmore was a congenial man, he
was a pleasant man, he had all the social elements in him that were
attractive. While they never saw Church, he never met us any-
where and if he did, why there was no congeniality between us, they
were all opposed to him in the town, I mean the prominent men ;
\V.\l<Ni;i< S KKMIN'ISCKNCKS lO)
but he studied his books and thoufi^ht flceply. He \V(jul<l occasion-
allv have a case, and ])ye and bye his star hep^an to rise, and thouj^h
he could not and did not command the love, yet he Cfjmman<led the
respect of the peoi)le by dint of his great talents and power. 1 con-
sidered Lcman Church one of the ablest lawyers and the best
equipped on all occasions that I ever met. He had a keen, (juick
I)erception, he had that continuousity of purpose : he did not j)andcr
to please the multitude nor to the applause of the individual, lie
ploughed a straight furrow along his own course, and he attained
the highest jjosition at the bar at an early age. He had the keenest
blade of satire, wit and humor, it abounded with him ; at repartee
he was never at a loss, nor upon any question that the judge might
propound to him whether he ever had the case under consideration
or not; and always acquitted himself with the highest ability. I
speak thus of him because I was so situated when I first came to
the bar, the other lawyers being older, I was forced to call ui)on
Leman Church, and he aided me and always assisted me in any
case for which I might call upon him. Physically he was tall, frail
in appearance, he had a hunch with his head slightly deformed, a
shrivelled face, lean and gaunt, and his apparel was always neat
but of the coarsest character. His feet were clad in heavy brogan
shoes, but the redeeming feature of his countenance was his eye,
and such an eye would convince you gentlemen when cast upon
you as being that of a man of powerful intellect. Now to speak
of his ability as a lawyer. Porter Burrall, the son of William Bur-
rail, a Canaan man, a highly educated man was president of the
Ilousatonic Railroad. Some of its directors lived in the city of
New York and some question arose in relation to the management
of the road and there were lawyers in New York who had the
question under advisement and they had expressed opinions in re-
lation to it. There was a final meeting appointed for the further
discussion and the determination of the question involved. Bur-
rall called upon Church and told him he wanted to have him to go
down to New York City and attend that Director's meeting. Church
said in his peculiar voice "I am not going down among those dandy
lawyers thev think they know everything, and I am not going."
However, Burrall had great faith in him and insisted upon his go-
ing, and he finallv went down, clad like a clod-hopper and he sat
down in that convention. The opinions of these distinguished New
York Lawvers were called for and finally Mr. Burrall said, "Mr.
Chairman, 'l wish mv friend Mr. Church of Canaan might be per-
mitted to speak." Well Church got up, a most inferior looking
man, you can't find one to compare with him in that respect, but
he went at the question under discussion and laid them out so broad
and clear and so perfectly lucid that he established them, and his
views were finallv adopted. He could not bear a fop, he could not
bear what he called a Miss. Nancy, or vaporism of any kind, he
no Ml'tll 1' IKl.I) COl N r\' I'.KNc'Il ANT) HAR
went too far i)frlia])s in that rcsiK-ct, l)ut ho liad a happy gift of
puncturing bubbles and 1 will give you one or two instances of it.
N'ow you know that when young men come to the bar and make
tlieir first appearance before a jury. the\ wish to make an impres-
sion and sometimes be classical and ornate. There was brother
Hitchcock who lived in Winsted. a man for whom 1 iield the high-
est respect, and whose memory T revere. He and Judge Granger
and myself were great friends. Hitchcock was a partner of Hol-
abird. They had a very important case to be tried at Litchfield.
Hitchcock had made great preparations in the case, and it was
among his first efforts at the bar in the way of argument and trial,
and he familiarized Granger and myself with the case and we felt
a very deep interest in his behalf. Hitchcock in the course of his
argument animadverted uj^on one ])rincipal witness in the case
against him, he was a very important witness for the other side,
and it was very important for Hitchcock's client that the Jury-
should not take his word or the testimony he gave before the Court.
In the course of his arg'ument Hitchcock said, alluding to that wit-
ness, "why, gentlemen of the jury, he is the very 'folliculus,' in
this case." A little further along he said "He is a Jupiter Tonans,
gentlemen of the Jury- " When Leman Church came to answer
that he said "Now, gentlemen of the Jury my young friend here,
brother Hitchcock has attempted to mislead you ; why he has talked
about one Miss Polly New Rose gentlemen of the jury, have you
seen any such witness on this stand?" "Xot satisfied with that,
he has imposed upon you again, he has talked about a witness here
by the name of Jew Peter Toe Xails." As soon as we could,
(jranger and I took our hats and went out. Anotiier case we had
in the Superior Court in which Leman Church was interested, we
had medical experts in, and a learned Doctor by the name of Fuller
from Xew Haven was there as a witness against the interests of
Church's client. He went along very learnedly, as such physicians
do, and wdien Church came to cross-examine this witness he com-
menced by saying "well, now. Dr. Fooler" and he took the wind out
of him i)retty efifectually.
Another illustration of his mode of examining a witness. There
was a great controversy in years gone by between Jedediah Graves
and Sylvanus Merwin, father-in-law and son-in-law, about a man
who went and took up the tombstones of his children and offered
them for sale on an execution for a judgment.
Graves was a pompous sort of fellow, he was a trial justice in
the town of Xew Mil ford and he was called upon to testify to what
was said before him on a trial. He went along well and easily
and was turned over to Church for cross-examination, and Church
in his questions began to imply that he was going outside of the
truth. After a while the witness stopped and says "S(|uire Church,
J have a realizing sense of the obligations of my t)ath. I have ad-
w A K N I'.K s \i I". MINI sn-; N CKS I I I
niiiiislcri'd lliciii .ind I jiroti'St ;ii;aiiisi yitur iiisiini;iti< pus." rimrclT
said "S(|iiirc I'Uliott, if nou have j^ot tlin>n.L;h with ymir pcT' >rati«>ii.
please answer my (iuestion."
Now I come to s])eak of that (hstin^uished man in North Canaan.
Miles Toby Granger, lie was a gra(luate of Wesleyan Tnivcrsity
at Middletown in this state. He was a school teacher on a plan-
tation down in Mississippi, teaching the sons and daughters of the
surrounding plantations, and during that time he studied law in
Mississippi and w^as admitted to the bar in that state, lie came
back to Connecticut and went into the office of Leman Church and
studied law with him for the purpose of obtaining a knowledge of
Connecticut laws and was admitted to the bar after 1^4^^. He was
the greatest wit, humorist and wag of the bar, he was the very
Mark Twain of the bar. His sayings, his wit and his humor might
be read as Innocents at Home instead of Innocents AI)r(jad. He
was skilled in doggerel poetry as he called it. He would see the
ludicrous and ridiculous in persons and things that no one but he
thought of, and he would bring it out to the great amusement of
his hearers. His very first argument in the Superic^r Court was
in poetry. It was the case of Dunham vs. Dunham. Dunham
l)rought a petition for a divorce against his wife, he was a widower
when he married, and she was a widow. They were both very old
and infirm, their spouses were dead and they desired comi)anionshi]),
and so they inter-married. Jack Elmore brought the petition and
in that petition he set up as a ground, a fradulent contract. Judge
J^llsworth. a very grave man and a deacon of the church in Hart-
ford was holding Court. (Granger led otif in the argument for the
defense and Church was to close the debate. His whole argument
was in poetry, but I remember nothing but the last verse, which
was this :
"Now all his hopes in ruins lie.
Crushed by this prolapsus uteri."
He was a great fellow for giving names to persons. He dubbed
me by the name of Elder, and it has been carried on to this dav, and
I believe I had been so addressed since I have been here. W hy he
did it I don't know, whether an elder of the Methodist ICpiscopal
church or some other persuasion I havn't any idea, he never ex-
plainded it to me. He was full of his jokes and quirks, it made no
difiference whether it was foe or friend, but it was all in good na-
ture. Well, vou all know his history in later life when he was
highly honored, represented his town in the Legislature, in the Sen-
ate and represented the 4th district in Congress after his retirement
as a Judge.
Col. Jacob B. Hardenberg. he was a native of Kingston, X. V.
He was a good lawver, a soldier and a warrior at Cxettysburg under
C^ol Pratt. I might well say of him "he was the bravest of the
brave."
112 i.rrc[ii"ii:i.i) corNTv rkncii and mar
Now T conic to one of my first students, C'.corj^^c Washington
Peet. He was a native of Salisbury and read law in niy office and
completed his studies in the law in the Harvard Law School. Soon
after his admission he located in South Canaan in the office of
Judge Burrall and commenced practice there, and afterwards at
Falls N'illage. I^'rom his maternal ancestry he inherited the power
of acquisitiveness which was but little diluted by what he inherited
from the paternal side. And only semi-occasionally did he commit
waste by profuse expenditure. He was a uni([ue character. Peet
was a nervous, excitable, confident, energetic, bold man. He went
in pursuit of money and he got it. He was not devoid of wit and by
it occasionally entertained us. We boys were playing tricks upon
each other, as I presume they are now, the younger members.
Hitchcock had a good deal of that in his makeuj), and one day at
the Court in Litchfield in warm weather J'eet was down there with
his linen coat on, and in those days the clerk had on his desk a
wafer box with little red wafers, we didn't have mucilage then,
but we used red wafers to stick things on, and Hitchcock got out
a lot of these every little while, then would wet one of them and
go around and slap Peet on the back and stick on a wafer, and soon
got him pretty well pasted. Peet was marching around in dilYerent
places making an exhibition of his back, and finally he found peo-
ple were laughing at him. Peet would ask, "well, what are you
laughing at" and then they would laugh the more. Finally some-
one asked "What the devil have you got on your back, Peet?"
Peet was very indignant and accused Hitchcock of trying to make
him the butt of this bar.
As I said. Granger gave names to everybody. There is a place
in South Canaan called Dogtown, and years ago there was a tavern
there and the place of trial of many cases. That was Peet's stamp-
ing ground, and Granger and others met him there, and so Granger
gave him the name, not of the constellation exactly, but he called
him Attorney Serious, the dog-star, the brighest star in dog-town.
I pass along to Norfolk. There was Michael Mills. He was
a tall, lean lank, bony man, high cheek bones and rather tawny
face. Granger called him the Sachem of Norfolk.
Then comes William K. Peck, Jr., he was a native of Harwin-
tc)n ; his parents moved with him to Salisbury when he was a young
boy. He studied law in my office and commenced practice in Nor-
folk. He was very fond of making public speeches when ever an
op{)ortunity presented. Abolitionism and temperance were his
favorite topics and he availed himself of every ojiportunity to make
sj)eeches, and in that res{)ect. so far as capability of addressing pop-
ular sentiment at his age of life, he had decided talent. Granger
called him Duke of Norfolk. When he contemplated settling in
Norfolk, one of the good deacons of Norfolk came over to see me
to inquire about him and informed me that Mr. Peck had referred
:. J. i.1 -.>;.4: i**TS •: i-i/isaai
C.IDI'.ON IIAI.I,
\V.\kNl'.k"s Ki:.\llNlSn:NCKS 11.^
liiin t<i mc .'111(1 \\anti-(l {>> kimu wliat sort of a man Ik- was. I t"l'l
Iiim lu- was cxaclK a(la])te(l lo Norfolk, lie said "ulial do you
mean?" I rei)lied "in the first place he is a very moral man. a man
of excellent moral character; in the second place he will he an ad-
mirahle successor of Michael Mills in his i)h\sical inake-uiJ. he has
a peculiar ta\vn\ hrown hair, lii^li t'lieek hones, and in another re-
s])ect he is a hlack rei)uhlican'" as they called them then. The old
deacon laui^hed and said he .quessed he was the man. So he settled
there and I helieve acipiitted himself with ahility. After he had
heen there a while he removed to Michigan where 1 have heard he
hecame a successful lawyer. 1 fell jiroud of him as a Ntu<lenl in my
office. • A I
.\ow 1 come to W'insted. William S. llolahird was a native of
South C'anaau. lie was physically a large, tall, splendidly made-up
man, imposing in a])i)earance and presence, and lie was the great
democratic leader of the har. 1 le was a ])oliticiau and he was a man
around whom the V(nuig democratic law\ers liked to gather. He
had e-xcellent coiuersatioual ])owers and the_\- were always interested
in his conversation, lie was really one of the instrtictors in ])oliti-
cal matters among the democratic lawyers, and he was then in ac-
li\-e ])ractice. He had some hilteruess in his make-u]), hut his
friendshi]) was as strong as his liatred was deep ami unlorgi\-iiig.
(udeon llall was an oi)])oneul, and as a lawyer and in politics
thev were diametrically ojjposed. llolahird was vindictive some-
times, and his hatred extended down loo lar.
Xow 1 come to another unique character, and that was Gideon
Hall. He was a lean, tall, gaunt man, he was in full ijractice, and
continued in ])raclice until he was a])])oiiiled Judge ol the Su])erior
Court." lie was a hard worker, (hligeiil : his contests were elabor-
ate, manv and severe, llall and llolahird were oi>])onents ahvays
in i^olitics and lawsuits, never associated. Hall was very prolix in
the conduct of trials, and remarkably so in his arguments before
the court and jurv. The one hour rule had not been i)assed when
he i)racticed. Hall would occasionally make attemjns at oratory
in his trials, and here is an illustration of it. lie had a suit in
court for his client, the plaintiff in the case. It was a contest oyer
a i)iece of rocky land of no value comi)aratively speaking. During
the trial he was often talking about the littleness and smallness of
the case, and it was so alluded to in the argument In the counsel
for the defense. This was a sort of an exordium or peroration in
which he .said it was not available on account of the super-abundant
fecunditv of its soil, but because it was ancestral estate and had
come down from a long line of colonial ancestors.
In relation to Hall there is one thing which shows the estima-
tion of the bar. This story was told to me by the late George C.
Woodruff of Litchfield. .\ lawyer of this county had a suit in
court, a voung lawyer and he had associated with him Oorge C.
114 i.n\iii'ii:i.i) co^■^'■r^ iii:\cir and i;ak
W'oddrutt. It was a case asking- tnr the appointnietit of a committee
in chancery which was to l)c tried out of term-time, and the question
arose who shoidd he that committee. ( )f course, if the jxirties as^reed
on the committee, the com't would sanction it, otlierwise the court
wouKl ha\'e to decide and appoint whom it tlioui^ht best. Xcg"oti-
ations were made lietween the opposite counsel. Woodruff on one
side and lluhhanl and Granger on the other side, and Hubbard and
Granger suggested Hall as a good one for the committee-man. The
young man went to see Mr. W'oodruti' and told him that the\ pro-
posed to have ilall a])i:)ointed comiuittee, and \\'oodruff said to him
"don't you have him. wh)' he will get things all mixed up in his
report so iliat we shall not get head or tail to it." The xoung man
reflected and said "Mr. Woodruff, that may be just what we want."
\\ ell. it turned out so, it was mixed and Woodruff won his case.
1 come now to the friend of whom 1 have spoken, Roland Hitch-
cock. He was a native of lUudington. He read law in llolabird's
tiffice and he was admitted to the bar in abnut 1S44, and became
a ])artner of Ilolal)ird and practicecl law in Winchester luitil ap-
pointed as judge of the Su])erior Court. I alwa\s liked the man,
and So well did I know him that his peculiarities never interfered
with our friendship. He at times exhibited much wit and humor
and enjoyed the funny side of things and contributed his share to
the merriment of the bar. There was a streak of melancholia in his
nature which always made him sorrowful. It lasted him through
life, and in the last few years of his life, had a woeful effect upon
him. lie was testy antl often irritable in trials. As an illustration
of that I remember a case in which Granger and myself were on
one side and Hitchcock on the other before a committee at Canaan.
]^itchcock's client was one Hart, a notable character and who was
easil}' stirred up. Jn the coiu-st' of the trial Granger, knowing
Hart's ])eculiarities would stir him up and he would rattle along'
and interrupt the trial so that llitchcock would sometimes get mad
at his client and he would once in a while issue an expletive on the
subject. He was ver\- fixed in his o])iuious of the law and un-
changeably so at times. lie was through and through an honest
man and administered justice iui])arliall\' in the courts where he was
judge.
I go now to IJarkhamstead and speak of the lale lliram ( 'lood-
win. lie was in full i)ractice, his clientage was not only in his town,
but extended to the adjoining towns in this and liartford County.
I considered him an able lawyer, lie conducted his trials with
skill and his arguments were clear and logical. .\s a judge of the
County Court he gave satisfaction.
I come now to Xew Hartford. Roger II. .Mills was in jirac-
tice there many years before I came to the bar. 1 le was of fine ap-
pearance and high standing" at the bar. lie was a member of the
Senate in the IvCgisiative session of iS4<S at the time these radical
HOX. ROLAND HITCHCOCK
GKO. WIIKA'I'ON
lilRDSYK P.AI.DWIX
\v.\u.\"i:!< s i<i;m I Msri'.Nci'S ir*
laws wen- made ami I lliiiik lir uppoM-d l)')ili of tlioso c-iiactnicnls.
He was a very acc()m])lislK'(l man, pleasant, scholarly, hnt the fit-Id
was not wide enouijli for him and mi he mover! to Wisconsin, and
after a while diecl there.
lared I!, h'oster was lii> successor llui'/. Me came to the har
after 1X4,^, and he is t'ntitled to i>Teat credit, for he read law while
making and mending" hoots and shoes in C'olehrook. lie was a
merry, j^ood fellow, he hecame well e(|uii)i)ed in the ])rincii)les of the
law and quickly ac(|uired its practical i)ar's. lie reoresented the
town in tlie Lcg'islatiire with ahilitx and he succeeded Hitchcock
as juds?e of the Litchfield C'ount\ (."ourt and discliarL^id his duties
with ahilitv. He was eminently social and a hale ft'llow well-met.
We used to address him as jerry, ('.ranker dnhht'd him lerry Ked.
For manv years he was a suftcrcr from rheumatism and it finally
brought him to his .grave.
Goshen. Nelson I'.rtwvster. Mis law husiness was local. He
lived two years in Litchfield and he tried a few cases and he was a
bank commissioner several times. I'.irdseye Baldwin, a unique char-
acter was his contemporary in ('.oshen. a kindhearted man of limit-
ed practice and of great simplicity of character. He was very fond
of whist, (.ranger and Hitchcock at court whenever they were in
session entertained him very often very royall\-, in the amusement
of which 1 was a witness. Oftentimes I was a partner of (Granger,
and I'.aldwin and Mitchcock were ])artners. If llitchcock and
Granger turned up a trum-p the\ would i)ass their trumps one to the
other under the table and pick out all the best cards and hand
back the poor ones. Finally r.aldwin would get up and exclaim,
after losing all the games, "well, it does beat the devil. ""
1 now come to Cornwall, to George Wheaton. Me was of
humble origin, born in Fast Haven. When I was a boy, I learned
that he was of most extraordinary ability, illiterate, he murdered
the Queen's English, but one of the most skilful and adroit lawyers
at tlie bar in bus day and time. Wheaton was a great lawyer in
mv judgment. He had one peculi.ar gesttu'e and that was this, he
never laughed and hardlx ever smiled. As an illustration of his
cunning and shrewdness and his ai)titude for hitting the party
against him 1 will mention an instance. There was a suit brought
against the Housatonic Railroad for damage to jiroperty injured
bv the oars. Peet and myself were defending the Railroad Coni-
panv and (kanger and Wheaton were counsel for the ])laintif1.
One of the witnesses, Charles ]{mmons, an employee of the railroad,
was a very important witness and his testimony was crucial in be-
half of the defendant. Of course the case being against a railroad
corporation it had to be ])ut to a jiu-y. This witness Emmons was
a verv honest man and a christian gentleman, and if he could make
the jury believe as they ought to believe, that his testimony was
truthful, then the case should be decided for the defendant. In the
Ii6 1 lTi.lll-li:i II Co, NIA l'.i;\Cll AND I'.AR
course of the :ii"L;unu'nt. in coiiinu'iilin^- nii the testiiiKnn ni the
witness l^ninions, I dwell u\n>u ilir iniritx df liis life and eliaraeter,
his cliristian character. W lu'n W liealnn eanie in wind up the case
he said "I'rotlier Warner says this l'".nini(in>- is a (.'hristian. Well,
I aint .U'oint^ to dispute tliat, hut if the ecmipany finds <iut that
that is his character, they will discharge hiiu very (piick."
Another instance conies down 1)\ tradition. Church fre(|uently
came in contact with \\ hcaton. lie was called down there to de-
fend a man in some case before a justice, and Wheaton commenced
the arc;-ument of his case. He had his book of Connecticut rejKirts
and he stated to the Court what the law was and he would read
from this book and so he read from the brief of one of the lawyers.
Church said, "Wheaton, let me take that book." Wheaton said,
"go get your own law, brother Church."
Church of course told the judge he was reading frcMn the brief
of the attorney, not from the opinion of the court or the judge
who decided the case. Wheaton replied "T didn't say I did, 1 said I
read what is the law there, and I believe it to be good law, and if
the Supreme Court has said otherwise, thev will over-rule that
decision." He was a communicant of the Congregational Church
in Cornwall. Now there was a religious revival in that town long
years ago and there was a man there by the name of Daniel Scoville.
During that revival he attended these meetings very faithfully and
appeared very much interested in them. There was a bitter hatred
Ijetween this man and Wheaton. W heaton had law suits against
him frequently and they were conducted sharply by Wheaton as
against him. Some of Wheaton 's fellow members went to him and
said, "Why this man is so much interested in the supject of re-
ligion I think that you ought, as a member of the church, to go to
him and encourage him in some form and show forgiveness on
your i^art." So one evening Wheaton went up there and while
Scoville was in the attitude of ])raying and said "If there is any
mourner here who has any feeling against me or I have any against
him, God forbid that I should in any way bar his coming to C,od."
Well, he had a client there who waited until Wheaton came t)ut
and then he said "Wheaton, you know that law suit we have got
there against him, now I want that fought right up." Wheaton
re])lied "Oh! he'll fight all right."
Then there was Julius !'.. Harrison, lie was a native of Ct)rn-
wall, he read law with Wheaton and came to the bar after 1843
and ])racticed a while in Cornwall and moved to New Milford where
he died, lie was states attorney for the cv)unty, he was a very
diligent man, very ambitious and he rapidly rose in his profession.
He was rei)etitious in his argmnents, and that was the only criticism
I ever heard made, for he was certainly logical, and had he lived
to the ordinary age, I haw no doubt he would have been one of
the leaders of the bar.
jarl;d r.. i-ostkk
AV A k N !•: \i S U I'. M 1 \ I SL" K N I' KS I I 7
AiiiitluT iiiaii from C"i)ni\\;ill was Snlon !'■. |i)1)iim>ii. an<l maii_\'
()f \(m iiii <l(>ul)t rciucinl)cr him. lit- was .i tall, lar,t(c-franK'<l per-
son, I ijiin't know what \car lu' raim- t«» the bar. and he was editor
of the Lilehtiehl Sentinel, and hi> edilnrial articles were read with
a i^real deal nl intiTest : there was a L^real deal of wit and humor
and sarca>ni eonlained in them. lie dic'<l early in life, he was of
a peculiar nature and character, a Inxcahle man in a }.^reat many
resjiects. lie had a peculiar stolid ap])earance at times, whether
])nl on iir natural. I don't know. If unnatural it was very success-
ful comsumatiou. The last term that jud,m' .Minor lield f)f the
Sui)erior Court prior to his resignation, liaxing acce])tcd the nomi-
nation for memhi'r of Congress from the 4lh district, there was a
gentleman cauK- u]) to Litchfield, an I'Utire stranger. lie was in
everybod\"s office, he was in the coml room, lie was a (pieer
sort of a man, talking with ever\l)o(ly and widi judge Minor and
vou couldn't hel]) being interested to know who he was. He came
across Solon Johnson and Johnson tried to get rid of him. He
w-as all the while teasing Johnson to take drinks with him, ami .Mr.
Johnson declined and kei)t declining. iMually, after much urging
Johnson sa\s "m\ friend, there is a drug store down here and we
will go down there and get something that is pure and good."
Well, they went down to the drug store and a i)int bottle was brought
out with the \'er\- ])urest kind of whiskev they h;id and a tumbler
was set down, and this stranger told .Mr. Johnson to take a drink.
lohnson took u]) the bottle, looked at the cork, smellcd of it and
says "that's all right" turned it up and drained the bottle. The
stranger looked at him aghast. ex])ecting b.im to fall dead every
minute. Johnson looked at him, smiled and said "Well, aint \on
going to take something?"
Xow I come to Frederick Chittenden. He was in practice when
I came to the bar, a high temi)ered man of great knowledge. He
had manv conflicts with those with whom he came in contact. He
was of an irrasciblc temjier. but a good-hearted, generous likely
man, verv well read in the law, but dei^ended a great deal upon
his natural abilities; it took but very little to excite him, he was
verv beligerent in the trial. There was a lawyer from Kent. Henry
Fuller, who came to the bar after myself. They had a contest and
Chittenden was so excited he struck him on the head. Well, there
was an interruption, and after the adjournment Chittenden came
in and laid his cane down upon the table and he said he would
preserve order in the court room.
John C.. Reed was a native of Salisbury and read law with me.
His father and mother were Scotch. His father, the late Dr.
Adam Reed was a celebrated Divine. He was educated at Williams
College, he practiced law in Kent a short time, moved to Ohio, en-
listed in an ( )hio regiment in the civil war. and when he returned
from that, he removed to Chicago and there distinguishe«l himself
ii8 i.iTciii'ii:i.i) coi'N'Tv i!i;\cii and bar
as a la\v\cr l)ct()rc the hiiL^lu'r CDurls upon mere (|iiesti«)tis of law.
He was not what \ou call a jury law\er.
Well, brethren and i^entlenien of the bar: The bell lolls and
mv hour has expired. 1 look baek to the time when life was new
and brig^ht before me and everything seemed fair and good to see.
I stand here now and remember all these friends of so long ago
As I stand here alone of all those I knew in my early days.
whom I have seen fall around me like leaves in the wintry weather.
"1 feel like one who stands aknie,
In some bancpiet hall deserted;
Whose lights are dead,
W^hose io\s are fled,
.\nd all but he departed.
I^tatotical ^tittB
HISTORICAL NOTES
OF
COURTS, BAR LIBRARY AND
PROMINENT OFFICIALS
Compiled By
DWIGHT C. KILBOURN
CLERK
DWIGHT C. KII.BOURX
HISTORICAL NOTES.
L'pdii the cstahlishiiKiil uf l.ilclilu-lil C'dunt) in 1731. tlu- (<ciieral
Asscmbh- was pleased to order two terms of the Couiit\- Court to
be held therein, one on the fourth Tuesda)' of December, and the
other (in the fourth Tuesday of Ajiril in each year, and also one
term of ihe Sui)erior C/oun to ix- held on the last Tuesday save
two, in Aui^ust of each year.
In this Superior Court there was but one Clerk for the whole
Colonv who went with the Judi^es from i)lace to ])lace as the
sessions were held, and kepi the records all together in Hartford,
where those prior to 1798 can now be found in the Secretary of
State's office.
The following- is the record of the first court hel<l in Litchfield
County :
"At a County Coiu-t held at Litchfield within and for the County
of Litchfield on the fourth Tuesday of December A. D., 1751.
Present: \\']i,ija^[ Lkkstox. Chief Jud^i^u\
loiix Williams I ^^ , •
„ [ hsqrs. J us flees
Samukl Canfikli) r .
I of quoram.
Ep.kX!':z]-;ik Mars 11 j
Isaac Baldwin was appcnnted Clerk and sworn.
Mr. John Catling, County Treasurer and Excise Master.
:\Ir. Joshua \Miitney of Canaan in said County. Attorney.
"At the same Court John Davies of Litchfield in the County of
Litchfield pit. versus John Barrett of Woodbury in sd County deft.
The parties appeared and the deft, exhibited pleas in abatement
of the pltf's writ which being overruled the parties then joyning in
a demurr. to the declaration as on file, the Court is of Opinion that
the Declaration is sufficient in the Law and thereupon it is con-
sidered that the pit. shall recover of the Deft, the Sum of ii200
mone>-. Damages and costs of Court allowed to be .
The deft, appeals from the judgment of this Court ^ to the Su-
perior Court to be holden at Litchfield on the second Tuesday of
August next, and the plat, with Mr. Samuel Darling of Xew Haven
before this Court acknowledged themselves bound to the Treasurer
of sd Countv in a recognizance of £200 money to prosecute their
said appeal to eflfecl and answer all damages in case they make not
their plea good."
The following is the Record of the first_ Superior Court held
in Litchfield Countv. and to be found in Hartford.
J-- i.ir(.iii-ii:i.i) coiNTv i;i:Ncri and uar
At a Superior Couvi lioUlcn at Lilchtield on Tucsdav ve iith.
day of August Anno Donmii 1752 anno yc Regiii Rl. (\x)rgii
Secunde \'ii^estuni Sexto.
I 'resent, ye
llonhl. Thomas Fitch. Jiscjr. Chief Judi^c.
W'lLlJA.M riTKi.x I
EbENKzkr Svi.lvman r .Issisfaiit Judi^^es.
SA.Mri'j, LnxdI'. )
'J'his CVnnl was opened l)y I 'roclaniation and adjourned till
Two oi ye elook of ye aflernoon, and then ofjened according to
adjournment.
Persons returned to serve as jurors were:
Wii.i.iA.M Marsh 1 Xatiiax Bqtchford ^ji
JusiiUA Garrett j Litchfiel<l Joiix Hitchcock i New Milford
Thomas Catling J Partridge Thatchkk 1
Timothy Minor ^ Xatiian Da\is \
Gideon Walker > Woodbury JACor. Benton ^ Harwinton
Benjamin Stiles ) Samli;l Pjlki.imis )
The first recorded judgment is that of:
\\'n.LL\.M SnER:\iAN ) r John Tkkat
and - of New Milford vs. } of
Roger SiiekjMan ) ( Xew Milford
At the May session of the Crcneral Assembly i7<;8 it was en-
acted that the Superior Court Judges appoint a Clerk for each
County and that the Records thereafter be kept in their respective
Counties, but that the then existing- records be kept at Hartford.
In obedience of this law the Judges appointed Frederick Wol-
cott, Esq. of Litchfield, Clerk ft)r Litchfield County, and the first
term of the Superior Court having its records at Litchfield, was
held at Litchfield on the Third Tuesday of August 1798 and was
"Opened by proclamation."
n'he record is as follows :
vStativ oi" Co.wkctrtt :
-Vt a Superior Court holdcn at Litchfield within and for the
County of Litchfield, on the Third Tuesday of .\ugusl A. D. 1798,
l*REsi;xT :
The Hon. Jessi". Root, Esq. Chief Judge
Hon. Jonathan Sturges \
Hon. Sti'J'iien M. Mitciii'.i.e f Assista)it
Hon. J(»natil\n Ingersoi.i; ( Judi^es.
Hon. Tai'I'ING Reene )
1**ki;i)i;kuk WOia oi't, L'lerk.
HISTORICAL NOTKS
123
The AUoriK'VS in active practice in ij^S wm- the following
At Litchfield :
T Ai'i'ixi. I\i:i:\i",
Ij.ijAii Ada.ms
Joiix Ai,i.i-:.\
Isaac Baldwin
UrIKI. IIOLMKS
1)anii:i, W. T, i:\vis
El'IlKAIM KlUI'A
Rkyxolus Marvin
Roger Skinnhr
Aaron Smith
I'laAii Tracy
1'" K I'l "I'Rick Wolcott.
.At Canaan :
John I-j.-MokJ',
At Goshen :
X ami AN Hale
XdAii W'adhams
At Kent :
I'.AKAZll.LA SlOSSON
At New .Alii ford:
David S. Board:\iax
Samukl Bostw^ick
Da v ILL Everett
I'lllLO RUGGLES
At Norfolk:
Edmund Aiken
Augustus Petti box e
At riyinoiilh :
Lists Ekxx
At Uoxhury :
Rr ITS East.max.
At Salisbury :
Josi'.i'ii Caxeield
ElISIIA S'TERIJNG
Adonija/1 Strong
At Sharon :
Judsox Caxeield
Joiix C. Smith
CVRIS SWAX'^
At Southburx' :
SiMEOX HiNMAN
P.KNjAMTx Stiles, Jr.
At \\ ashington :
Daniel N. Brinsmade
William Cogswell
At W'atertown:
Eli Curtiss
Samuel W. Southmavd
At Winchester :
Phineas Miner
At Woodbury :
Noah'B. Benedict
Nathan Preston
Nattiaxiel Smith
The following members of the Bar are now (April 1907) residing
in the County : Those with a * are not in active practice.
Litchfield :
J. Gail Beckwitii. Jr. '■
Francis Bissell *
WlIEATON F. DOWD
John T. Hubbard
"D wight C. Kilborn
William L. Ranso:\i *
Elhert p. Roberts
Thomas F. Ryan
George M. Woodruff
James P. Woodruff
Bethlehem:
Walter M. Johnson *
Cornwall :
William D. Bosler
Leonard J. Nickerson
Goshen :
Charles A. Pal:mi:r '
Xorf«ilk :
Ror.r.iNs B. Stoeckel
3 -'4
.n\ iii-ii:i.n county bknch and i..\k
New Hartford :
FuKDKRlCK A. Jr.wii.i,
H. ROGKR JoxKS, Ju.
Frank B. Munn
New Mil ford :
Joiix F. Addis
Frank W. AFarsii
Hknrv S. Sankoud
Fkkd M. Williams
-North Canaan :
Samuel G. Camp
Geo. a. Marvin
Alberto T. Rorap.ack
J. Henry Ror aback
J. Clinton Ror aback
Plymouth :
Henry B. Plumb *
E. Leroy Pond
Fred a. Scott
Salisbury :
Howard F. Landon
Donald T. \\'arnkr
Sharon :
WiLLARD Baker
Thomaston :
Albert P. Brahstrhi-t
E. T. Can FIELD
Frank W. Etiieridge
Torrinytiin :
WiLLiA.M W. ['.[i:rck
BllRXAlUJ 1'". I 1 Li.i.lXS
W'alti'K I Jul. Com i;
Peter J. Mel )er-Mott
WlLLAUD A. kul^ABACK
HOAIER R. SCUVILLE
E. T. O'SULLIVAN
Gideon H. Welch
Tiios. J. Wall
Watertown :
C. B. Atwood *
S. McL. Buckingham
Wincliester :
Wm. H. Blodc.ett
C. E. Bristol *
Jas. p. Glynx
Samuel A. Herman
Richard T. Higgins
Samuel B. Horne
Wm. p. Lawrence *
Wilbur G. Manchester
Geo. a. Sanford
Frank W. Sey.muur
James P. Shelley
Wellington B. Smith
Ja:mes W. Smith
^^'oodhury :
James Huxtixgtox
Arthur D. Warner
The following persons who have been connectetl wilii this Bar
either by admission or residence, are not now residing in the County,
but are supposed to be alive and residing elsewhere.
John Q. Adams,
Negaunee, Mich.
Louis J. Blake,
Omaha, Neb.
Edward J. Bissell,
Fond-du-Lac. Wis.
John O. P>oughton,
Stamford. Conn.
David S. Calikjux
Hartford. Conn.
Uriah Case,
Hartford, Conn.
John D. Cha.mi'lix.
New York City.
Chesti:r n. Ci.exelaxd.
Oshkosh, Wis.
Fraxk 1). Cleveland.
Hartford. Conn.
George W. Cole,
Xew York Citv.
i:
m
%.
A, ^/\
\ ;y
AVII.IJAM I^. RANSOM.
HIST()KICAI< NOTKS
12
Stkwakt W. C'owan,
Mount \ ornon, N. Y.
S. C.KliGG Cl.AUK,
New Jersey.
K. 'I\ Canfikkd,
Hartford, Conn.
Si'i;n'CRr Dayton,
I'hillipa, West Va.
Lkk p. Dkan,
Bridgeport. Conn.
H. C. DempsKy,
Danbury, Conn.
WnjjAM H. Ei-Y,
New Haven, Conn.
John R. Farnum,
Washington, D. C.
V. R. C. GlDlHNC.S,
Bridgeport, Conn.
W. W. Guthrie,
Atkinson, Kansas.
Robert E. Hall,
Danbury, Conn.
Charles R. Hatiiway,
So. Manchester.
Marcus H. Holcomb,
Southington, Conn.
JoHX D. Howe,
St. Paul, Minn.
l-".l)\VARL) y. HUHBARD,
Trinidad, Col.
Frank W. Hubbard.
New York, X. Y
Fkank L. Huxcerford,
New Britain, Conn.
Walter S. Judd,
New York City.
Wn,LiA:M KxAi'P,
Denver, Col.
Fred M. Koehler,
Livingston, Mont.
Frank D. Linslev,
Pbiliiiont, .\. N'.
Rev. A. N. Lewis,
New Haven, Conn.
Tjieod(ji<e M. Malti'.ii;.
Hartford. Conn.
T. DwKHiT Mi:i<\viN.
Washington. D. C.
Nathan Morse,
Akron, Ohio.
Fred F. Mvc.AT'r.
New York City.
Wm. p. Muiatlle.
New Canaan.
Wm. H. O'Hara,
New York City.
E. Frisbie Phelps.
New York City.
Fred a. Scott.
Hartford, Conn.
Morris W. Seymour,
Bridgeport. Conn.
Origin Storrs Seymour,
New York City.
George F. Shelton,
P.uttc. ^bnlt.
George \\. Taet.
Unioiiville, Conn.
F. R. Tiffany.
John Q. Thayer.
Meriden, Conn.
Frederick C. Webster,
Missoula. Mont.
Rev. Edwin A. White.
Bloomfield. X. J.
John F. Wynne.
New Haven, Conn.
GOVERNORS.
Governors of Connecticut who were members of this bar.
Gen. Oliver Wolcott 1796-1798 Oliver Wolcott. Jr. 1S17-1823
John Cotton Smith 1813-1817 Wul W. Ellsworth .S38-1842
Charles B. Andrews 1879-1 881
126
I.IITIII-IKI.I) COUNTY BKXCH AXD f.AR
JUDGI'S.
Mcmlicrs of this bar who have been Judges of the Superior
Court. Those starred, members of the Supreme Court of Errors.
Roger Sherman/'^ 1766- 1789
Andrew Adams/'' 1789-1798
Chief Justice, 1793.
Ta])ping- Reeve,* 1798- 181 5
Chief Justice, 1814.
Nathaniel Smith. 1806-1819
John Cotton v^mitli." 1809-181 1
James Gould,''' 18 16-1819
John T. Peters. 1818-1834
Samuel Church,''' 1833 -1854
Chief Justice, 1847.
Wm. W. Ellsworth.* 1842-1861
J. W. Huntington,* 1834- 1840
David C. San ford.* 1854-1864
Origen S. Scvmour,* 18^5-186:^
Gideon Mall. ' i8r/)-i867
Miles T. Granger.* 1867-1876
Origen S. Seymour, 1870-1874
Chief Justice, 1873.
Roland Hitchcock. 1874-1882
Charles I'.. Andrews.* 188 2-1 901
Chief Justice, 1889-1901.
Augustus H. Fenn.* 1887-1897
Edward W. Sevmour,* 1889-1^02
A. T. Roraback.* 1897
CLERKS.
The following members of the bar have been Clerks of the Su-
perior Court.
Frederick Wolcott.
Origen S. Seymour.
O. S. Sevmour.
G. H. Hollister.
G. H. Hollister,
Elisha Johnson,
1798-18 s6
I 836- I 844
I 846- I 847
I 844- I 845
I 847- I 850
1 850- 1 85 1
F. D. Beeman,
Henry B. Graves,
F. D. Beeman,
William L. Ransom,
Dwio'ht C. Kilbourn.
iS^i-1854
1^^54-1855
18S5-1860
I 860- I 887
1887-
ATTORNEYS FOR THK ST.\TK.
The following members of the bar have been Attorneys for the
State, or King's Attorney.
Joshua Whitney, 1752,
Samuel Petibone, 1756.
Reynold Marvin. 1764.
Andrew Adams, 1772.
John Canfield, 1786.
Tapping Reeve. 1788.
Triali Tracw 1789.
John Allen, 1800,
Nathaniel Smith. 1806.
Elisha Sterlimr, 1814.
Seth P. Beer,--',' 1S20.
Sanniel Church. 1825.
David C. Sanford. 1840.
Leman Church. 1844.
John PI. Hul)l)ard. 1845.
Leman Churcli, 1S47.
John H. Hul)l)ar(l. 1841;..
Julius 1). Harrison, 18^2.
Gideon Hall, 1854.
Charles F. Sedgwick, 1856.
James Huntington, 1874.
Donald T. Warner, 1896.
SllIiRlFFS.
The following have been the Sheriffs for I^itchtield County
from its organization:
-"""S??*
DOXAl.n T. WAKXKK.
niS'l'ORUAI. N'o'l'IvS 127
Oliver Wolcott, '75'-'77' llenr\ A. I'lotsford, i8r/)-i869
Lvnde Lord, 1771-1801 (.corj^v 11. I>al(l\vin, 18^x^-1878
John R. Landon, 1801-1819 John D. Yale, 1878-1881
Moses Seyniour, Jr., [8u;-i825 Charles J. Torter, 1881-1884.
Ozias Seymour, 1825- 1834 Henry J. Allen, 1884-1895
Albert Se(lij:wick, 1834-1835 Edward" A. .\ellis, 1895-1(703
Charles A. Judson. 1835-1838 C. C. Middlehrooks. 1903-1907
-Mhert Sed.t^wick. 18^8-1854 I'". 1 1. Ttirkiii^ti,!!. i(/)7-
L. \\'. We.s.sells. 1854-1866
COURT IIOUSKS.
The first Court I louse of the County was built at Litchn.ld in
1751-52. It stood on the public scjuare directly in front nf and
about one hundred and fifty feet distant from the site of the present
one. It was a very plain looking building about twenty-five feet
wide by thirty-six long and fifteen feet posts. In it was a hu^e
stone chimney and a monstrous fire-place. It was in existence as
a part of one of the stores of the village until the great fire of 1888.
It cost as near as can be ascertained from the County Treasurer's
lx)oks -£3343 4s 9d. The tax paid by each town was as follows:
L
s
d
L
s
d
Litchfield.
284
10
9
Canaan
302
Woodbury
1 124
II
1 1
Cornwall
103
Xcw .Mil'fonl
328
7
6
Goshen
189
8
Kent
297
14
Torrington
115
17
4
Sharon
56
Harwinton
129
12
7
Salisbury
307
10
.\ew Hartford
105
The second Court House was located on the same site now^
occupied by the present one, it was given to the County for that
purpose by Moses Seymour. It was l)uilt in 1789 at a cost to the
County of five thousand dollars ; and whatever it cost over that
was made up l)y private contributions. It was designed by Wil-
liam Spratt an English Architect whose original drawing of it is
now in existence.
After many years it was believed that the spire was unsafe and
it was taken ofT and the one shown in our cut of it was added
which ruined the whole eiifect of the front.
It was a veritable temple of justice, the interior being like a
church all in one large high room with a jury room in one corner
and a gallery at one end with stairs leading u]) to it. It took a
large amount of wood to fill the immense fire-places and keep it
warm during the sessions in the winter. The judges sat on a
raised platform at one end with a pulpit-like desk in front of them
and looked down with great majest\- and dignity upon the arena
in front and beneath them.
128 1.1 i\'iir'ii;i.i> c'orx'rv I'.Kxcu and i ak
After a nuiiil)cr of years (in 1818) an arrangement was made by
and lietween the town of I.itehfield and the county officials where-
hy the town was permitted to divide the high room and make an
iipj^er and a lower room ; the courts to use the upper one and the
town the lower room and this arrangement continued to the time of
its destruction by fire June 10. 1886. The expenses of repairs and
maintaining- were divided between the town and county.
It has been often remarked that tiiis old court room was one
of the pleasantest in the State and although devoid of every modern
convenience, it was a delight to lawyers and judges to practice
therein. From its windows the finest of landscapes greeted the
eye. the beautiful lakes encircled by emerald hills and the mountain
peaks be\ond towering into the blue sky. the fertile and well
tilled farms on every side made a natural panorama that soothed
the wear\- brain of the tired lawyer. The great Franklin stoves
filled with Mt. Tom hickory wood made snapping sparkling fires.
The graceful arching over head the quaint wooden benches and
]tainted carvings, all delighted the eye and by their simple efifccts
aided the judges and worn-out jurors in solviu'^- the intricate prolv
lems they were called to try.
The jury room in the cold bleak north-west corner was not a
parlor. A big sheet iron stove for wood, a dozen wooden benches,
and a ]ilain table was the make-up of this trysting place ; there
was little prospect of comfort for an all night session of a dis-
agreeing jury and they seldom lingered patiently about. Their
verdicts generally were rendered altogether too speedily for the poor
prisoner in the box or the fellow who lost his case.
The States Attorney's room was entirely wanting. In those
primitive times those officials carried their all in their heads and
])ockets and what the attorney failed to do in his last argument the
Court carefull}- supplemented in his charge. The j^jractice in the
criminal cases was largely a degree of clo(|uence and if the testi-
mony was weak the advocate was strong and iKAcr failed to men-
tion what the \\itnesses ought to Have said.
'J'he Clerk's office was also absent and he was ]iermitted to
rent at his own cxi)ense an office in some other l)uilding and keep
the records and files wherever he chose. The judge's room was
not thought of in the olden days. Wh\- should he need one? No
findings of facts were required of him and when the sherifT ad-
journed the court his duties ceased.
On the morning of the 1 ith of June, 1886 nothing remained of
this old building where so many memories clustered but tlie two
great chimneys. The fire fiend in its ruthless track had swept
everything away.
Directly after the fire in i88''» attempts were made to di\ide the
County or divert the Court to other i)laces. and the town of Litch-
field began to erect another Court House which was practically
IIISTOKICAI, NOTKS 1 29
compU'tcd about the 1st of August 1888. it was a woo<lcn struc-
ture somewhat Hke the former one with good arrangements for
court, clerk, jury, judges and attorneys rooins. On the morning
of tlie 8th of August 1888 before it had been turned over to rjr
occupied l)y the County this also lay in ashes.
Immediately the town took action towards building another
Court House and appointed a committee consisting of Hon. Charles
B. Andrews, Dr. Henry W. Buel, Henry B. Graves, Ksq., with
Jacob Morse and Garner B. Curtiss, selectmen of the town. The
result of their action is the present building at Litchfield built of
stone and practically fire proof with excellent accomodations for
all court purposes and presented to the County by the town and
accepted In" the county commissioners in behalf of and for the
county on the nth of March, 1890.
Meanwhile the agitation about dividing the county and court
business continued imtil finally it resulted in an act of the legisla-
ture allowing courts to be held at Litchfield, Winchester and New
Milford upon the two latter towns providing suitable accomoda-
tions. Whereupon the town of Winchester leased to the county
such a Iniilding with suitable accomodations for the courts of the
county on the 9th of August. 1887 and the town of New Milford
also leased such building and accomodations on the 15th day of
August, 1887 and the courts are now held at each of said places
]iracticallv holding court wherever it is most convenient to try the
cases.
Tn 1905 the town of Winchester increased the Court accomo-
dations bv adding four large spacious rooms and fire proof vault
with metal fixtures, making this Court building one of the best in
the State for its purposes.
In 1907 a bill was presented before the General .Assembly of
Connecticut, ordering the removal to Winchester from Litchfield,
of tiie civil records and files of the Superior Court, with the seal
and Clerk, making Winchester practically the main office of the
Court. It also provided for the removal of all the files of the Com-
mon Pleas Court and seal, to the Winsted Court House. The bill,
however, failed of passage.
SELECTING JURYMEN.
The Statutes of Connecticut provide for the selection of jury-
men for the several towns, and also prescribe the number to which
each town is entitled.
Various ways of selecting these men have been provided in
former years, but the present method seems to have l>een more
nearly satisfactory than any of the past ones.
The Selectmen of each town are required to forward to the
Clerk of the Superior Court during the month of May the names
of twice the number the town is entitled to. The Judges at their
i^O I.ITCIIFIKLD COUNTY BENCH AND BAR
annual meeting in June appoint two Jury Commissioners to act
with the Clerk of the Superior Court, who is by Statute a Jury
Commissioner, who meet on the second Monday of July and select
one half of the names returned by the Selectmen. These names,
so selected, are i")rinted on slii)s of paper, and those of each town
are placed in a box by themselves, and are the names of the men
liable for jury duty from each town for the year from the following
September tirst. When a petit jury is required, the Clerk draws
them without seeing the name, from such towns as he desires, in
the ])resence of a Judge and a ShcrifiF.
ABOUT JURIES.
This iniportant part of the Court deserves a very honorable
mention. The juries of this County have l^een composed of the
very best class of men; men of good judgment and sterling common
sense, seldom carried away with the oratory or pathos of the ad-
vocate or losing sight of the issues of the case.
There are some incidents related of jury trials that tend to show
that they are but men and liable to some of the caprices of human
nature. The common style of voting blank upon a case by one or
more of them on the first ballot is of very little consequence only
showing that some people do not form conclusions as rajiidly as
others.
That the jurymen do not always agree with tliC Ci'uri is illus-
trated by a case in which Judge Carpenter in charging the jury
remarked "Now gentlemen, if you believe this incredible story you
will convict the prisoner, but if you do not believe it you must
acquit him." The jury after a long consultation disagreed. Upon
receiving further instruction in which the incredible story was dis-
credited still more strongly, they again retired and after mature
deliberation the}- still disagreed. Another strong instruction, re-
tirement and disagreement, when they were discharged from further
consideration of the case. It was ascertained they stood eleven for
conviction and one for acquittal.
In another case wherein a man sued an officer for false im-
prisonment it was admitted that the officer was liable and the
judge charged the jury that they were the ones to assess the
damages. The ofifense was where an officer arrested a drunk and
put him in the town lockup over night, intending to try him in the
morning; before the trial however the man's friends hearing of
his condition went to the locku]) opened the door and carried him
away. .After being out a long time the jury returned much to every
ones surprise a verdict for the defendant. The exolanation that the
jury gave was that the man was rescued by his friends before the
officer had had a reasonable time to ])rosecute the offense.
.-X man was prosecuted for an assault and l)attcry of rather au
aggravated nature; he claimed it was done in self (k'fen--e. It w,is
i;i)\\AKl) \V. SEYMOUR.
iiisToKHAi, N()Ti;s r.v
shown that the jjartics had an ahrrcati' ni ami the accu^^ccl followi-il
up the ci>n)])laiuant ami ponndi'd him. '\']\v prisoner .'i<linilU-<l it,
hnl claimed he \vas ohlii^ed ii> lojluw u\) for fear that the other man
would, as soon as he L;(Jt a little distance from him. turn arouiul
and shoot him. The jury ])t)ndered a lou^ while, then returne<l to
the Court J<oom for instructions. The foreman said they wished
to know how far the law allowed a man to follow up another with
a sled stake in self defense.
WITXI'.SSKS.
Of course our C'ourts had all sorts ot witnesses to deal with
from the L^arrulous man who knows e\-erythiu,L;'. to the reticent man
who knows niitliiuL; and has lor^olien that.
A few specimens are i)reservcd in the traditions of our elders.
A child was asked if he knew the nature of an oath and he re-
plied "Xo sir." Then the kind hearted judge leaned over the side
of his desk and smilingly asks "My son don't you know what you're
going to tell?" "Yes, sir," said the hoy, "that old hald headed
lawyer over there told me what 1 must say." "Administer the
oatli, .Mr. Clerk."
A witness in a criminal case haled from a unsavory ])lace called
"Pinch Cut;" he was duly sworn and upon lieing asked his name,
gave it. The next cpiestion was "Where do you reside?" Xo
answ'er came. 'J'he (piesiion was repeated twice and the Last time
with great severity. The witness turned with dignity to the judge
and said, "Must 1 answer tliat (piestion?" "Why not?" said the
Court, "liecause" said the witness "1 have l)een told that no man
was ohliged to criminate himself."
\\'itnes?es are often ridiculed for making e^'asive answers to
attorneys" (fuestions hut ]:)erhaps the\" do not always fully under-
stand the cpierv. The following is a question asked hy a learned
attorney in the trial of a tax case, taken from tlie Stenographer's
notes :
O. "What 1 want to ask _\'ou is whether comparing his land
with the other lands that you have heen swearing ahout here, you
have sworn to some 30 other farms, and in comparison, that is. I
mean whether, how should nou take them in comparison, how
should you consider them, if you take that as a hasis. they are
assessed for $3,000. Taking that as a hasis for your comparison,
how shoidd vou start ?"
STKX0C,R.\Plir-:R.
In 1884 the Ceneral Asseml)ly passed an act |)ro\iding f' >r the
appointment of a Stenographer for the Superion Court in each of
the Counties. Ahout 1886 .Mr. T.eonard \\'. Cogswell was ap-
pointed for this Connty and has held the position since that date.
Leonard W. Cogswell. l\s(|.. the official stenographer is a na-
I.Il'(."lll"li:i.l) (.'(HX'I'N- i:i:\lll AM) r.AK
LKOXARD AV. COGSWKIJ..
tive of Litchfield Couiily, and was l)orn in New Preston, in July
1863, and enjoyed all the lii^hts and shadows of a fanner's son on
a rugged farm u]x:)n the side of Mt. Bushnell. He polished up an
education received at the districe school and Milage Academy by
a term at Claverack College at Hudson, X. Y. In 1884 he quit
the farm and went to New Haven and learned short hand. In
1886 he was ajjpointed official Sten()gra])her of Litchfield County,
and holds the same position for Windham County. His services
are in great demand during tlie sessions of the Legislature, hv the
Committees thereof.
lie was admitted to tlie lUir of Xew Haven Coujity in June,
1897. and resides in Xew Haven. In the preparation of this
memoir we are indel)te(l to liiin for the preservation of the re-
marks at the r.an(|uet, ;uid for poetical selections herein.
STfDKXT's I.IFK.
At the liar Dinner in 1901 Judge Rorahack in his remarks gave
a few reminisences of his student days which are worthy of preser-
vation as illustrating how lawyers were made in the country of-
fices. Upon being introduced by the Toastmasler he responded
as follows :
Mr. Toastmaster, and gentlemen f)f the Litchfield County Lar:
T hardly expected to make a speech, hut the reference that was
ALBERTO T. ROUABACK.
II IS'l'MKlcxy, \(iTi;s I '^'5
iiuulr !>> my dislinmii^lu'd I'rii-nd. I )oii;iM J. \\ anier carries me Ijack
to the iiit>nili (if .\i)ril. iSjo. 'I'liat is almost 32 years. I then
comnn'iiocd tlu' study nt r)la(d<stniK' in his office. Well, I jKJunded
a\\a\ at lllackstoiif lor fiw inmitlis. and Iranicd il prctlv thorf)iij:(li-
ly. As I n.MiKMiil)<,r it, if it had l)mi st-t to music I think T could
haw sun^;- it. it was pretty dry wdrk and pretty hard work. But
one morning- I), j. came in, and lie says, "Roraback, you have been
poundini;" a\va\' at lilackstonc some time, would'nt you like a
chauf^'e?" \\ (.11, I liardly l-;n(,\\ what was coining, whether it was
a chan.L^'c from I '.lackstonc to Chilty. or wliat it was, but I looked
\]\) at liini. and I said I thought I wnuld. "All ri<.,dit." he said, "T
have L^ot a client for yon."" I conhl hardly l)elieve it. .A real
client widi a case? It was the first ra\- of lifi^ht, the first jrlcam
of ho])c in thost' loni;- months: to have a client, a real live client.
He brou,e"ht him in. 1 wish yon could have seen him. lie was
colore<l. His trousers were stuck in the tops of his boots, he was
out at the seat of his i~)ants. hut he was a client; my first client. Tt
was my first case, and 1 was liai)p\-. The case was returnable be-
fore Daniel Tratl. a Justice who had his office in the villag'e of
Salisbury. 1 went to work to ])rei)are m\' case, and at the time
stated for the trial 1 was there with my client. I made the g'reat,
supreme, and sublime effort of my life. There was'nt any attorney
for the ])]aintiff. T ai)i)eared for the defense. Tt was'nt necessary
that the i)laintifif should be rei)resented. The mao^istrate occupied
that i)osition. and \\hen I had finished m\- arg-ument he made his.
Tt was ver\- effective; iust S36.22 for the jilaintiff and costs. \\'ell.
of course T felt crestfallen. T came down to the office the next
morning-, and Donald J- the elder came in. and he asked me how
T got aloni;- with the case. T had to tell him T q-ot beat. Thorouijh-
1\' beaten. And he said to me. "( )h. well, never mind that. Yaw
will come across those little misfortunes once in a while in vour
practice of law. but, of course, vou won't ^et anv pay." ''T did. T
.L;-ot my piay." "A^iu did? How nnich did > on .i^'et ?" "'$r).""f6,"
Donald J. sa}s, "that is better than a \ictor\ ; I have been defendin.2:
that cussed nio-oer in season and out of season for the past twenty-
five years, and T never received a cent," and he .qraspcd me warmly
by the hand, and he sa\s, "Roraback, \nu will be a success." That
was case Xo. 1. Aly first case.
Case \o. 2 was the case of Julius Moses vs. \'ir!;il T-volierts.
\"iroil Roberts was an old farmer that lived down on the Gay St.
road, as I remember it. W hen the case came to trial D. J- said to
me that I had better come alon^^ down and write the evidence. So
T went alouii' down and wrote the evidence, and when the evidence
was all in D. J. sjjoke to me over across the table and he says.
'"Txoraback. \-ou i^et u]) and make the opening- arii^ument." T was
demoralized, for gentlemen, sittint;- on the other side was Gen'l.
I'liarles S. Sed" wick. \'ou never saw him. most of vou. but he
134 i.rrcHi-iKi.i) cointy bknch and p.ar
was a man that stood six fct-t four in his stockings, and weitjhed
250 lbs. I am afraid I made very poor work of it with that f^reat
li^iant on the other side. I was afraid. T verily believe if the old
(leneral had stamjKd his foot and yelled "scat," I would have i^one
throug^h the window and forever abandoned the idea of studyincf
Jaw. lUit we foufjht it out. I i^ot up and made my ar<4"ument,
and then the old General got up and made Xo. 2. and then Donald
J. Warner made the closing. Talk about wit, and talk about sar-
casm, talk about eloquence, T learned the lesson right there and
then that it was not the avoirdujiois of the lawyer that wins cases,
("ien. Sedgwick was three score and ten. He lived along a few
• ears, and wrote a little pamphlet on his experiences in fitt\- years
at the Litchfield County 15ar. He was then state attcuMiey.
r.AR I,I1!RARV.
The matter of having a Bar Library at the Court House was
attended to at an early date. The following action of the Bar is an
interesting Record.
"At a meeting of the Bar December 29, 1819.
The following Report of a Committee having been read was
adopted. "To the Bar of the County of Litchfield. The Sub-
scribers having been appointed by said Bar, a Committee to enquire
into the expediency of commencing a Law Library for the use of the
Bar, (and if deemed expedient to devise some mode by which it
may be obtained), having attended to the subject beg leave to re-
port in part. That the Bar now owns six volumns of the Statutes
of ^Massachusetts, the two volumns of the revised edition of the
Statutes of Xew York, published in 1813, and the two volumes of
the Statutes of A'ermont published in 1808; that there now remains
une.xpended the sum of Seventeen Dollars formerly raised by the
Bar for the purjwse of purchasing Statutes of other States.
And further report that it is expedient that there be raised by
the Bar the further sum of ( )ne Hundred and Fifty-six Dollars to
be paid and apportioned to the members thereof as follows:
Elisha Sterling $6.00 Jabez W. iluntinglon 5.00
Jno. G. Mitchell 3.00 Samuel Church 5.00
Reuben Hunt 2.00 W'm. M. Durrall ^.oo
W. S. Holabird 3.00 Michael V. Mills ^.00
Calvin lUitler 4.00 liolbrook Curtiss 4.00
Chas. B. Phelps 5.00 .\athaniel ]'>. Smith 3.00
Nath'l. Perry, Jr. 2.00 Roger Mills 4.o<:i
R. R. Hinman 4.00 Philo \. Heacock 2.00
Perry Smith 6.00 Homer Swift 3.00
Nath'l. Perry 4.00 Geo. Wheaton 3,00
Cyrus Swan 5.00 T^hineas Miner 6.00
Asa Bacon 7.00 Philander Wheeler 3.00
mSToKlCAI, N(»TKS I ^:;
J, email C'luirch 4.00 Win. C'oj^swcll 3.00
Joseph Miller 5.00 Ansel Sterliii- 5.(^0
Will. ('.. Williams 5.00 Theodore Xorth 4.00
Noah \\. iJenedict 7.00 Seth I*. Keers 6,00
John vStrong- 2.00 Matthew Minor 3.00
jos. !'.. Bellamy 4.00 Isaac Leavenwortii 4.(kj
l)a\i(l v^. I'oardman 6.00
And that said sums of Seventeen and ( )ne Hundred and l-'iftx'-
six Dollars with such further sum as the Court may appropriate from
the County Treasurer for that ])urpose. he ai)plied to the purchase
of the Law Books hereinafter mentioned, or such other I'.ixjks as
tlu' I'.ar may hereafter direct, viz:
l\irl)\'s l\e])orts. Roots l\e])orts. Day's Cases in ]"*rror. Con-
necticut Reports, Swift's Evidence, vSwift's System, Chitty's Plead-
ing's. Lane's Pleadings, Phillip's Evidence, Johnson's Reports, Mas-
sacluisetts Re])orts.
All of which is res])ectfullv submitted.
Signed ])cr order.
S. P. P>eers. Clhiiniiaii.
TIk' books menlioned in this re])orl were purchased and are
now in the Lil)rar\ al l.iicbheld. The only ])rovision U)r the in-
crease of the Library wliicli 1 hnd is an admission fee of Five Dol-
lars from a new attorney, until 1874, nor do the books in the Li-
brarv show additions of any account.
In 1874, it was \ Hied \s a standing Rule of the Bar, that each
member ])ay to the treasurer thereof the siun of One Dollar each,
yearly, to be expended in the ])urchase of Books for the benefit and
use of the said Bar. Said ])ayments to be made at the annual meet-
ing in each year.
In 1877 the Legislature enacted a 15111 providing for the forma-
tion of County Law Library Associations. The County Commis-
sioners were to pay in their discretion each year on the first of
januar\- a sum not exceeding Three Hundre<l Dollars, fcjr the
support thereof. 'J'he Litchfield County Law Library Association
was duly organized and received money from the County Treasurer
for one year, after which the discretion of the Commissioners did
not mature, and ])ayments ceased, for st)me years. In 1897 an act
was passed making the ])ayment obligatory of one hundred and
fifty dollars to each of the libraries at Litchfield, Winsted and Xew
.\lilford, since which time a good supply of law Ijooks may be found
in each Court House.
At the session of the Legislature of 1907 an act was passed re-
quiring the County Commissioners to pay each library four hundred
dollars a year.
At Xew Milford large accessions came from becpiests of P.ros.
Henrv S. Sanford and James IL Mc.Mahon.
KVy
1.1 It. Illli;i.l) C(tl NT\' liKNCIl. .\M) l'..\K
lAMl'S II. .\IC.\I.\I1()X.
Tn 1906 P.ro. AicMalion left 1)\- his will the sum of $1,200 to
l)c ef|nally dix-ided hctweeii the three lihraries. which was available
ill \y)CiJ. and has been ])aid to the coiiiniittees.
In each Court Hfuise nia\- l)e found a first class working' library
with >onK' of the Reports of other States.
In i(;o() the liar \-oted that all the law books of the Har .\s-
sociation be i)resented to the Litchfield County I, aw Library .\s-
sociation, so that all the books are under one inanai^einent.
.\.\RO.V WIllTh: I'lXD.
.\nother branch of these libraries is ])nrchased by the income
ilerived from a be<|uest id' .\aron White, a lawxer who by his will
left to each C"ount\- Law Libraiw one thousand dollars lor certain
classes of book.s.
The followinj;' account n\ Mr. Wdiile who deceased, in 1X86,
taken from a newspaper, will no doubt be of interest in this con-
nection and is worthy ol preseiwation.
.\ Loston (i/obc corresixmdeiit tells the following- story of .\aron
White of (Jninnebanj^' : —
.\aron White has ti.L;urt'd in his life as the most eccentric man
in this localils, and one who is wideh known in Massachusetts,
llISTitKH \I, NOTl.-.S 137
I'dUiK'Clicut ami UliniU' Island. Ilr was Ikiiu in I'loylsloii. Mass..
( )ct(il)(.T S. I7<;<'^. aiKJ was tlu' chk'st nl" U'li children, seven lK)ys and
three .uiils, nine n) whoni are now livini;. Me entered llnrvrird
eollei^e. ^radtiatiiiL; in a class of sixty-ei^hl niemhers in 1S17. ( )f
his classmates only se\en are now li\in^. Mr. White, in recounting
incidents of his collei^e lile. shows a wonderful memory. .Xnionj.^
his classmates were the late lion. Stephen Salisbury (jf Worcester.
the lion, ("icori^e Bancroft, the lion. C'aleh C'ushini;'. whom lie cf»n-
sidered the most talented man he ever met: Samuel Scwall, now
living' in lloston : 1 )r. lohn (".reen of I.owell, the l\e\-. I )r. 'I'yiii.^ of
the J'"i)i>co]ia] church, now lixiuL; in I'liildc-lphia : John 1). Wells of
I'loslou. OIK' of the i^reatest anatomists of his day. and I'rofessor
Alva W oo(l>. formerly ])rcsident of the Transylvania collei^a* in the
Soiitli. li\inL;' in Providence. When tlu' "Morr War" broke out
S(|uire White was living" in W'oonsocket. "'( '.overncjr" I)(»rr, be-
inj;- at the head of the controvcsy, called u])on Mr. White, for advice
"as a tricnd and ac(|uaintance," which resulted in fre(nu-nt visits
hetween llicm. This resulted afterwards in both White and Dorr
licin^;' obliged to leave the state, both s^oiui^' to Tlioni])son. Conn.
Si ton after. Afr. White secretly p^ot l^orr into Xew ITampshire.
The authorities in Rhode Island ttsed a warrant for the arrest of
S(|uire White, in which he was called the "comniandcr-in-chicf" of
the forces that opposed the state. They called on Governor Channcy
L'leveland of Connecticut for assistance, which was refused. They
afterwards called on Cjo\xM"nor John Davis of ]\[assacluisetts to ar-
rest White when he came to Dudley. Webster or Worcester. l)ut
Governor Davis as in the case of Governor Cleveland, refused to
grant the recpiest. lioth governors were in sympathy with Dorr
and ^^'hite. The Rhode Island authorities then threatened to send
an armed force to kidna]) Scpiire White at his home in QuinnebaujCf.
C»overnor Davis then issued a warrant for White's arrest if seen in
^Massachusetts, but this warrant was not intended to harm S(|nire
White, for it was to run only thirty days from its date. The result
was that Squire White remained unmolested in his quiet home on
the banks of the ]ilacid Quinnebaug-. He is a lawyer and his I)usi-
ness has l)een such as settling- estates, drawing- up wills, giving^ ad-
vice, etc.. and he has always been considered a safe nian to consult
on such business. When he was in his prime he was six feet in
height, lightlv built and ver\ long-limbed, w-eigliing- 160 jiounds.
He is nearly blind, Iiis eyesight having- been failing- for some five
years.
In his college days he, with Caleb Cushing-, collected several
rare coins. Later he eng-ag:ed in collecting- old-fashioned coppers.
\\'hen the government called in the old coppers in 1863 or there-
abouts, issuing- new ones, and for three years afterwards, he was
most active in picking- them ujx His reason for g^oing- into this
business was that he tliought it very i^rofitablc. He visited the mint
138 l.lTCm-lKI.I) CorNTV HKNCII and IIAR
at lMiila(leli)hia, niakiiii;- arraiig^cments with the officers to take
these coppers and t^^ive him new pennies in return, the government
to pay all expenses in shii)pin<^ to and from his home. This busi-
ness, which lie has carried on for some fifteen years, as a whole has
netted him a larjj^e amount of profit. He has some instances sold
copper coins of rare date for from v$i to $3, and in one case he re-
ceived $5 for a rare copper. He paid from forty to forty-four
cents per pound. ".2;"ood. bad and indifferent." selecting the good
ones from them and shipi)in<4- the rest to the mint. In his trijis he
visited the iirincipal cities and large towns in Xew Kngland. collect-
ing many thousand coins as a result.
After the death of Mr. White in i8(%. his executors found man\-
barrels of coj^pcr cents — of the "not rare" ones. About four tons
of these coins were redeemed by the Sulj-Treasurv at Washington.
KXTR.\CTS I'KO.M AAKOX W 1 1 ll'l-'s W'll.l..
Fourtli. — ( )ut of the residue of the estates so given in trust as
aforesaid, to pav to tlie Treasurers of the ]iresent eight (.'ounties
in the State of Connecticut, to each the sum of ( )nc Thousand
Dollars in lawful money, to be b\- them received in trust, as funds
for the procurement and maintenance of County Uar Libraries
in their respective Counties, in their several County Court Houses.
for the sole use of the judges and Clerks of Courts therein. [Mem-
bers of the liar, and their students at law wliile in the offices of
said Bar members, in their respective Counties : which funds or the
annual income thereof, as said Bar Meml)ers may direct, shall be
expended inider their direction in the purchase of I'.ooks of His-
tory, and lUjoks of Moral and Political I'hilosoi)Iiy.
And in case said residue last mentioned be not sufficient for
the payment of all said legacies to said Counties in full, then said
residtie, in equal ])ortions to said C'ounties for the pur|)oses afore-
said shall be deemed a fullfilment of their trust. Such payment
to be made within three years from the time of my decease.'^
ci;xTi:\NiAi..
At a meeting of the !<itchheld Counl\ liar held at the C'ourt
Hcnise in Litchheld on the 4th da}' of January i(S3i the following"
preamble and resolution was adopted:
WiiKKKAS, During the present year a century will elapse since
the organization of the Cotmty of Litchfield : and
WiiKKKAS. .\ Centennial celebration of that e\ent has been under
consideration. Therefore
Rksoiaki), That Chas. I'.. I'helps. ( ). S. Seymour, John H. Hub-
bard, C.ideon Hall. C. 11. llollister, J. I'., liarri.son and j. 1'..
Foster l{.s(|uires. be a Committee of the liar to call a meeting of
citizens <jf the County to consider that subject and to take such
F. 1). r.KK.MAN-
IIISTOKICAI, \()Ti:s 139
oi'iUt tlK'iriin Ii\ a])]!! liiiiDunt ni" a C"t)i)imittee uf arraiit^ciiicnts or
otlicrwisf as sliall ])v llmu^Iil hcsl.
!•■. I), r.cfmaii. i'li-rh-.
In pursiiaiux' nf llu'sr pijocccdin.^s ilu- C\-iUfnnial Cc-lchration
of Aui^ust 1S51 was 1k'1(1. Sc\'cTal thousand |)co|)k' were ])rcsciit.
jiid.Hc Samurl (."liurcli (klixricd tlu' llistorical address which is
reprinU'il in this volume. Horace Ihishnell the sermon and John
I'ierpont the ])oem.
I) Wll) I).\i',C.l".TT.
At a meetini;- of the Kar of IJtchfield County (hn-iui;' the Aiii;ust
Term 1834. a Committee was appointed to prepare an address to
the Hon. David l)a--elt. Chief justice of the State, on the occasion
of the nt'ar api)r(iaoli of liis term of jucHcial service, which Com-
mittee re])orte(l to the liar the followinj^ adch'ess. which was by
order of the liar communicated to the Hon. David Da.Hinett. and
tof^-ether with tlie re])l\ thereto was ordered to be recorded u])on
the records of the I'.ar.
"To the Hon. David Da-^ett. Chief Justice of the State of
Connecticut. Sir: — The memliers of tlie I'.ar of tlie County of
Litchfield, ha\in^- heard from a communicatinn which you made
to the Let^islature of the State at its last scssitjii that yrmr judicial
term of office service will expire by Constitutional limitation clur-
iuQ- the ])resent year, and consequently not expectinr^ to meet you
again in yom^ official character, beg' leave to express to you the liiijh
sense which they entertain of the ability. intcgrit\- and impartiality,
which you have manifested tii)on the bench, and to thank you
cordiallv for the unifonn kindness and courtesy with which you
have treated them when the}- have had occasion to appear before
you to discharge the arduous duties of their profession. In takings
leave of \ou we cannot but recollect that it is now rising- of forty
years since \-ou lirst formed a connection with the T.ar of tiiis
Countv. and that vou. were long- associated in practice with Adams,
Reeve. Smith. 'I'racv, Allen. Kirby. Benedict. Slosson and South-
ma\(le. whose briglu names are inscribed on (HU- recorils and whose
memorv will be cherished so long- as learning-, talent and virtue
shall command esteem ; nor can wc forg-et that your labors may
be traced in the ver\' foundations of the judicial system of Connecti-
cut, nor that vou have exercised a ha])py intiuence in adorning that
svstem with ^■arious learning, and in bringing- it to its i^resent
matured condition.
^\'e tender vou our 1)est wishes that the residue of your days
mav be as happv as vour life has been heretofore distingfuishcd and
honorable.
Per order of the T'.ar.
Phineas Miner. Cluiiniuin.
Geo. C. W'o.MlrufT. Clerk pro tern.
Litchfield. August 20th.. 1834.
140 I III iii'ii:i.i) COIN r\ i;i:ni,ii and t.ak
'I'lie follow in-- is the reply made by the lion. David I )a!;\L;vtt to
the toret^oiny- address.
"To the nienihers of the liar of Litehtield of the Countv of
Litchfield :
("Gentlemen: — I have receixed with hij^h satisfaction the address
sii^ned by I'hineas Miner and ( icor^e C. W'oodrutT. Ksquirc-i,
your L'hairnian and Secretary, which you did nie the honor to
coininunicate to nie this da\-.
in taking- lea\-e of a liar so distin<.^-uished, 1)\" the illustrious
names inscril)ed ou its records, it is impossible that I should not
entertain a s'rateful recollection of the memories of those who are
now away from all earthlv scenes, and also cherish a lively aiTcc-
tion and respect for tliose who now occujjx- with such honor their
places.
If my official conduct on the bench deserves the commendation
bestowed ut)on it. much of ii is justly due to the ^q-entlemen of a
Bar ever characterized l)y ability, intci^rity, industry and learning;.
Of your courtesy towards me and \-our gentlemanly deportment
towards each other while eniL;a,^"ed in the conflicts of the Bar. I
cannot s])eak in terms sufficiently exi)ressive of the feeling's of
my heart. They will be recollected with g'rateful affection. How
much such an intercourse between the Bar and the bench tends
t(^ alleviate the burdens of the judicial station, can be known only
by those who have had the ])leasure to v>-itness it.
T i)ray you to acce]:)t m\- fervent wishes for the i:)rosperitv and
bai)])iness of you individually, and my cordial thanks for this ex-
l)ression of your esteem and respect.
David Dao-gett.
Litclifield. Au.gust 28tli.. 1834.
A true copw .Attest.
\\"m. V. r.urrall. Clerk.
lOl'KT I'.XI'l'XSI'S.
In the earlier part of the centur\- the judges were ^iven a cer-
tain sum ])er da\ and their dinners.
Anion^' the \ouchers of the past the followiiv.^- bill of Court
ex]>enses ap])ears.
The State of C'onnecticut :
To Isaac llaldwin. Dr.
Sup(.'rior Court. hV'bruarx Term. iSio.
To ninet\' nine dinners for the Court $40.50
To 21 bottles of wine at ins 35-50
To llrandy. Sn;L;ar. etc.. 17 daws at 4-6 ^--75
'i'o pipes and tobacco .50
To SeiL^ars .25
To pai)er .25
$98.75
GJiji;().\ II. w I'.iAii.
lll>l(iKI( Al, NOT
141
THK COUNTY COURT.
Prei-iared by the late Win. F. Hurlhut, Clerk.
Tlu' first C'niirl ori^anizatidii in Utclilkld Counlv was llic C''ninly
Court, and for several _\ears it was the principal trial court. — hav-
ing- criminal jurisdiction in all cases except those punishable Ijy
death, or iin])ris(mnu'nt iu llu; Stati.' I'rison for life, — and civil juris-
diction in law and e(|nily where the matter in demand did not ex-
ceed three hundred and ihiriy-five dollars, but a rii^ht of appeal to
the Suiterior C'oin-t existed, in cases where the ad daiuiniiii exceeded
two hundred dollars, or the title to land or rit;ht of way was in
question, also raisins^" or ol)structinii," the water of any stream, river,
creek or arm of the sea l)y erection of a dam, etc.. which f^ave
litigants the ])0\ver to jjrevent a determination of causes by the
Count}' I'ourt, and which the defeated parties availed themselves
of to such an extent that most cases passed through both courts
with a trial of facts in each, with the restilt that public opinion con-
sidered the Countv Court of but little i)ractical value, 'idierefore
the legislature of 1855, abolished it and transferred all causes there-
in i)ending to the docket of the Superior Court, causing that Court
to he loaded with such a mass of l)usiness that it was impossible
for a case to he tried within tu\) years after being brought. This
congestion of the docket of the Superior Court coupled with the
inconvenience of travel to Litchfield (then the only County Seat)
catised the organization in 1872 of the District Court for the First
Judicial District, the district being composed of the towns of Bark-
liamsted, l>ridgewater, Canaan, Colebrook. Cornwall. Kent. Xew
Hartford. Xew Mil ford, Xorfolk. Xorth Canaan, Salisliury, Sharon,
\\'ashington and Winchester. This Court continued to exist until
1883 ^^'hen the remainder of the County desirous of enjoying the
privilege afforded 1)\- it, the name was changed to the Court of
Comnu)n Pleas and its jm-isdiction extended to the entire Countv
with sessions holden at Litchfield in addition to Winchester, Xew
Milford and Canaan.
This was ])ractically a revival of the old County Court with
ci\il ])owers enlarged to cover causes demanding one thousand dol-
lars damages hut with no right of ai)]K'al to the Superior Court
n(n- an\' criminal jurisdiction.
The Court of I'omnion I'leas has 1)een a popular court transacc-
ing a large majority of the litigation of the County with less ex-
pense to the State and to parties than the same could have been done
by the Stipcrior Court.
142
i.ri'i.11 1'l i:i.i) ri UN r-, i;i:\i. ii wn t.ak
William Crc'sloii
W ( n i(ll)ur\
jiilin Williams,
Shan m
Oliver W'.ilcoit.
LitchtK'M
J)ani(.-1 .^lirniian.
W'(H i(ll)iir\
Joshua I'di'tcr,
Salisbury
Aaron .Austin.
Xfw I lartftird
1 iiH'.i'.s oi' Till'; r()i\'i"\' toiK'i
I
/.-!'-'/.->
\uscl Sk'rlin^'.
Shan m
1754-1773 C'aKin I'.utK'r,
I '1\ in( mth
I773-I78r) Ansel Sterling;",
Sharon
I78r)-i7()i William .\l. Ilurrall.
C'anaan
l7(;l-l8o8 Ahijali C'allin,
I Jarwinton
1808-1816 Hlisha S. A])erncthy.
Lilchfield
Aui^uslus Tettihonc 1816-1831 llolhrook Curtiss,
Norfolk W atcrtown
David vS. lloardnian, 1831-1836 lliram (loodwin.
W'w Milford IJarkhamsted
A\'illiam .\1. lUu-rall, 1836-1838 Charles W. Phcl])s.
Canaan Woodbury
lliram (lOodwin, 1851-1856
Barkhamstcd
.838-1830
i83(m840
1840-1842
184-1844
1844-184^.
i84h-i847
1847-184-;
1840-1850
i85o-i8-,i
jrsTicKs oi* ■nil", oroKiAf.
John Miner, 1704-1716 John Sherman,
Wo()dl)ur\" W I )odhui"\
John Sherman, 1708- 17 14 Joseph Miner,
^^'oodl)urv \\'oo(ll)ur\
William i'reston, 1740-1751
Woodhurx'
1723-1728
'7-5- '739
'Jdiomas Chipman,
Salisl)ury
John Williams,
Sharon
Samuel C'anheld,
New Milford
Ivbeiiezer Marsh,
Litchfield
^|ose])h Kird,
Salisl)iiry
Xoah Hininan,
Woodbtn-y
J'disha Sheldon,
Litchfield
riiK i*o],i.o\\i NO IN i.iToiii"ii;i,i) c•o^•^"^^■.
'751-1753
Increase Moseley, 1755-1780
Woodbury
1751-175:1. koi^er Sherman, I75()-1762
.\e\v .Milford
'75 '"'754 I >.'miel Sherman, 1701-1786
W Oodbury
1751-1772 Ihishnell liostwick, 17O2-1776
.\e\v .\Iilf(.rd
1753-1754 loshna Porter. 1772- 171; I
Salisbury
1754- 1 75<) Sanuu'l (.'anfield, ^777' ^7^)^
.\e\v Alilford
1754-1750 ledediah Strong-, 1780-1791
Litchfield
■\VILr.IA:\[ F. IIURLCUT
II isTiiRK \i. .\()Ti:s 143
IKmaii Swill. ijSd-iSoj I '.iiil^cs c Xoiioii. iSog-iXij
(.'.ini\v;ill C.oslicn
Aarnii .\u>lin, ijt^o-lcSu.S Aumuslus IV'ltilx in(.', iXi_'-iSi'j
Xrw I hirllnnl Xcjrfolk
Nallian I lair. i7<;i-l8o() I 'rid lloliiu's. 1X14-1X17
Canaan Liulitk'ld
I )a\i(l Snnlli, \y*)\ iXi.^i M^scs l.yinan. jr., 1X15-1X17
l'l\ni(.mli Coslicn
I )aniL'l \. r.rinsniaik'. iXoj-iXiX ( )livi,T I '.lu-nhani. iXi^-iXiX
\\asliin,L;l(in C'drnwall
Inilson (."anticld. i XoX- 1 Xi 5C'\ rns Swan, 1X17-1X11;
Sliai-Mn Sharon
Martin Stronj;-. 1819-1820
vSalisl)iirv
.\SS()Ci.\Tiv JUDGES.
Marlin Sironi,;. 1820-1820 Morris WOdruff. 1829-1836
Salisl)nr\ Litchfield
lohn Wc'lcli. ' 1820-1829 lln-li P. \\\dch., 1836-1838
Litchfield Litchfield
Williani M. P.nrrall, 1829-1836
Canaan
The ludt;es of the Di.strict Court were Roland Hitchcock, two
\ears: jared ii. Foster, three years; Florimond D. Fylcr, four years
and Donald L \\'arner, two years; of the Court of Common Pleas
Donald L \Varner, six year's; Alberto T. Roraback, four years;
Arthur D. Warner, three and one half years: Alberto T. Roraback,
five 1nonth^ (when he was appointed to the Superior Court bench)
and (ndeon II. A\'elch now ( U)n/ ) holdinf;: the office.
The C'lerks have been of the County Court
Isaac P.aldwiii, 1751-1703 iM-ederick W'olcott, 1703-1 '^3'^'
( )f the District Court and Court of Common Pleas
W'm. l'\ llurlbut. twenty-two years Walter S. Judd, two ycar^
Wheaton b". Dowd, from 1901
JUDGK I'RKSTONS .MOX L'.M KXT IN WOUDl'.lKV
^mh
II i>i'(iKUAi, \()'ri;s 145
NOTED TRIALS.
Altli()U|L;li ihc Courts are ()r.i;aiii/A-(l [<> renK(l\ i)ri\ale wrongs
and as sncli tlicir proceedings are not matters of general history, yet
these are sonietiines of such a i)ul)Hc nature and relate so closely
to tlie general weal and welfare that the\ are i)ni]H-r]\- a ])art ci
Court history, while of course Criminal trials are puhlic property.
Some of these have i)assed through the Courts of highest adjudica-
tion and are very important.
The Attornev in pre])aring his hrief in an action cannot have
avoided noticing how often his references quote from some Litch-
field County decision, especially in the earlier cases.
'J'hosc earlier lilackstones of our jurisprudence. Reeve, Gould,
Church an<l Seymour laid their work on the dee]) foundations of
ilie jjliilosophy and truths of natural justice and common sense.
The earlv part of our records are of aj^jjieals from the County
Court, motions for new trials, foreclosures, and a good many cases
of Insolvency i)roceedings and cases of equitahle nature. . \'ery few
trials of fact ticcnr; the judgments were rendered mostly after de-
cisions upon dennirrers, ])leas in ahatement and such iireliminary
pleadings, u])on the determination of which we now have a right
to answer over, and have a trial on the facts.
In the Criminal jjrosecutions. if the accused hy any chance was
acquitted he was discharged hy paying the costs of his trial,
and till 1835 the sentences of imprisonment were made to Xewgate,
now known as the Copper mines in Simsbury.
We append herewith a few of the memorable trials, and have
probably omitted others of equally as valuable and important signifi-
cance. The abstracts are necessarily very brief and condensed.
The first recorded case u])on the books of the Superior Court
is that of
Abncr A\'heeler, of liethlem
vs.
Joshua Henshaw, of .\ew Hartford.
In wdiich the plaint ill' recovered $C)42.75 damages and costs taxed
at $49.86.
The first tlivorce granted was Lucy Mix of Salisbur\- against
Thomas Mix.
These mixings and unmixings ha\e formed a large i)er cent, of
the judgments during the centur\-.
Till". Si:i,I.i;CK-oSr.oKN MAT'tllK.
One of the most im])ortaiit trials and ])rol)al)ly one that in its
general results affected the State, especially the pt)litical part of it
more than any other that has ever occurred in the State, was the
Selleck-O.sborn trial 1806-1807.
Benjamin Talmadge, Esq., was a Colonel in the Re\olntion and
at the close of hostilities settled in Litchfield where he was a verv
146 i.n\iii-ii:ij) coL'.NTv ru;Ncii and bar
]ir()mincnt citizcMi and for many years a member of Congress.
I""re(lerick Wolcott. wlio for more than fort\' \ears was the clerk of
the County and Sui)erior Courts, l)roui^ht a suit as^ainst one William
Hart of Saybrook and at the August Term of this court 1805 ^^'
coveretl $2,205.00 damages. The case was taken to the Supreme
Court and affirmed. l\xecution was issued and i)aid in full in iSo().
v^ellcck ()sb(ini and Timotlu' .\shle\' were then jjublishing a
newspaper in I^itchheld called the Witness and made comments upoii
the judgment reflecting severely ui^on the integrity of the Court.
\\'hereui>on lln' Sui)erior Court prosecuted then\ as follows:
"James Could, i^scj.. Attorney for the State for the County of
Litchfield specially appointed by this Court in this behalf filed an
information beft)re this Court, therein representing that Selleck
Usborn and Timoth\' Ashley bt)th now resident in Litchfield In
County intending to bring the Sui)crior Court of judicature of this
State into disrepute and contemi)t and especially to induce a belief
among the good people of this State that said Court in i)roceeding
to and rendering judgment in a certain cause in which IJenjamin
Talmadge and Frederick Wolcott, Esquires were plaintift's and
William Hart, Esq.. was defendant, and that the jury who attended
said Court in finding a verdict in said cause were influenced by i)ar-
tial, dishonest and corrupt motives, did at Litchfield aforesaid 011
the 4th day of September 1805 with force and arms most unjustlv
wickedly and maliciously print and publish and cause to be printed
and published of and concerning said Court and jury and of and
concerning the ])r()ceedings in said cause in a pu1)lick newspaper
called tlie Witness a certain false and scandalous libel purporting to
be a statement or rejiort of the aforesaid action of the evidence ad-
duced therein and ni the ])rocee(lings therein had wliicli said infor-
mation is as on llle."
The defendants i)lead to the jurisdiction of the (.'nurt to which
the attorney demurred and the Court decided that it had jurisdiction.
It then went to the Court for trial on their i^lea of not guilty. They
were found guilty and fined twn hundred and fifty dollars each.
Osborn in his statement of the numerous trials says that this one
cost him $^05.9(S. The libel suit of Julius Deming again>t him
$346.46 and for slandering Thomas Colier he paid $522.00.
Osborn and .\shley were also fined in the County Court one
hundred dollars for libelling Julius Deming a i)rominent merchant
of Litchfield. Mr. .\shley paid his part but Mr. C)slK)rn would not
pay and was taken to jaii. This aroused the Jeffersonians all over
the County and State, they calling it a {-(olitical martyrdom and on
the 61I1 (if August i8()(), tlie_\- ga\'e him a great nvalion fanning a
grand i)rocession with cavalry and military parade |>assing by the
jail where he was confined and saluting him with great honors. .\
part of the celebration was an address delivered in the meeting house
bv J()se])h L. Smith, then a y<iung law\er of Litchfield. 1 U' made
II ISToKUAI. N(/ri-.S 147
remarks ri'tU-clin-- uimhi lln' Supt-riiir C'durl. r. mM(|nrml\ in <liu-
C(nirsc (if time the Staled Altunu'}. Trial I loliiirs. I^.m].. i>sm-W an
information ai^ainst liim for nUi'rin- ■"tlu' followin- fal^i-. malicions.
scandalons and defamatory words, \i/. : "'riu- Conrls ot justice
( meanini; tlie aforesaid Courts of jnstiet' in tlii> State) have rc-
g-arded tlie faee of man in jud-im'nt. If ihr Kcpuhlicans sliall re-
take the ])ro|)erl\ whieli the h'ederal Courts ( meaniui^' the aforesaid
Courts , ma.i^istrates, jndj^es and justices of this State) have taken
from them ( meanins;- the said Kepnblicans ) it will be Init a poor
apoloj^v for the Federalists that tlie\ obtained it 1)\ false witnesses
perjured judj^es and packed juries." Also ■•()^l„.ri) is imprisoned
for ])ul)lisliini;- that of a h'ederal justice which is true of every
Federal justice in the State."
Smith first plead not .^'uilty. then the Court allowed him to
ehani^'e his ])lea to a demurrer. The Court fouml the information
sufficient and fined Smith two hundred and fifty dollars and costs,
one hundred and twenty three dollars and sixty four cents.
'Idle clerk adds to the record, "'riie delin(|uint was delivered to
the custod\- of the Sheriff of said Count\."
Snnth's connection with the (.'ourt was not altoi^ether at^reeable
after that, but he was soon appointed Major in the I'nited States
Army and was a Colonel in the War of i8t2 after which he was
Ignited States Judge in Florida. lie was the ancestor of the con-
federate Cicneral Iv Kirby Smith.
i;[..\si'iii',M\'.
At the Au.^ust Term of the Court in iScx; William f.eavenworth,
Jr., was informed ag'ainst for blasphemy in the town oi 1 'lymouth.
The information stated "Who did in the presence and hearing of
sundrv of the good people of the State then and there assembled,
blaspheme the name of God the Father and of the ] foly Ghost, and
denv and rejM-oach the true God and His government of the world
bv wickedlv and blasphemously uttering and sjjcaking the words
following, viz: "1 am the Holy (^.host and here is the 1 loly Ghost.' he
the said William speaking of himself and meaning that he, said
\\'illiam was the Holy Ghost."
The accused was arrested, brought before the Court and plead
not guiltv. and after a trial was accpntted by the jm-\ and the Clerk-
adds. "The said William was discharged by order of Court without
the payment of costs."
This was a new departure, it having been customary for the
prisoner to be obliged to pay the costs whether convicted or ac-
quitted.
The following remarkable jM-ocecding ai^jx^ars up^n the record
of our Courts, but the account herein given is from Gen. Sedg-
wick's llistor\- of Sbanai.
148 i.iTnii-ii:i.i) c'urxrv nHNcii and i;.\r
A WKoXC. \i:kl)lCl' STANDS.
At a rci^iiiKMilal training- in Sharon un the 20th (hiy of Sept.,
A. i ). 1S05 an ahcrcalion occurred hctwccn Zcnas IJccbc of Sharon
and Ancr Ivcs of l\cnt which was consummated l)y the stabbinji; of
l\cs by r.eel)e with a l)ayonet. inflicting- a mortal wound of which
he died at tlic cud of a week. There were miti.^ating- circumstances
in the case which relieved IJeebe from the charge of wilful murder,
but it was a clear case of manslaut^hter. l\y a singular blunder of
the toreman of the iur\ he was i)ronounced not guilty of any of-
fense. The jury had agreed u])on the verdict to be rendered to bc*
"not g'uilty of murder, but guilty of manslaughter." The foreman
rendered the tirst ])art of the verdict but stopped there. The sub-
se(|uent ])roceedings in the matter are copied from the records of the
Court.
■■-Vfter the verdict was rendered the. foreman informed the Court
tliat the verdict which the jury hatl intended to return and had
agreed on was — that the said lieebe was not guilty of murder, but
by mistake he had omitted to return and state the wdiole finding of
the jury, and desired to be directed by the Court whether the verdict
and the whole finding of the jury as agreed upon by then'i. and as he
designed at first to have stated the same, would then be made and
returned.
On consideration it was adjudged by the court that the verdict
of the jury as retiu-ned and recorded b\- them could not be ex-
l')lained or altered.''
Ueebe was defended by two of the ablest lawyers in the State
Xathaniel Smith of \\'oodl)ur\ and David Daggett of New Haven.
At the '^I'erm of the Superior Court holden February, A. D. 1820.
Reebe was tried for an assault with intent to kill Amasa Maxam
and found gnilty. He was sentenced to confinement in the Old
Newgate jirison for two years but died before the ex])irati(ni of his
sentence.
A SlXCri.Al^ IXFoK.M ATIOX I'oK SI.AXl )1:r.
Tn 1814, Klisha Sterling, l{sq., then Attorney for the State for
tile Comity of TJtchfield presented to the Court his information
against a \ery prominent man of the County who was at that time
Brigadier Ceneral of the State ^lilitia.
The com])laint was for libel upon his deceased father-in-law
made l)y the C.eneral in the form of a "I'uneral ( )r(ler" and sent
to one of the inferior officers of his ri'giment directin-g' him to con-
duct the funeral, 'i'he order is too wicked and vulgar to be pub-
lished entire but a few extracts from it will show its general pur-
port.
A I'fXI".lr\I, OKDI'.K.
[ have this (la\ been infoniie(l tliat old Is dead,
ami I beiiijj; out of health cannot attend tlie funeral. 1 therefore
iiisTiiKKAf. .\(yn;s 149
^ivc you this (inKi^ ami rm])! i\\ (.-r you l<i i'imkIikI it in tiu- fdllnwiii;^
order and 1 will pax tlir cxi])ens(.'. I-'irst t^cl a coffin made of
Pep])cridi;e I 'lank thrrr inclies thick and dnftail it stroni,'' to.i^ctlicr
with larL;c Iron Sjjikcs. liiHip ii ihitk willi I'.ais nf Iron, make a
vvindinj^' shed with sheet ii"on. hraze it well Top and ilottom. make
a Muffler with two hundrt'd ])ounds of German Steel. I'lace .1
large Iron Screw on the to|) df his head extending- ihron.gh the Jaws
so that the old fellow cannot o])(,ii his mouth, next place on
a mule dressed in Kes^imentals with old swtjrd and
Epaulette which he wore at the time the llritish invaded Xew \'ork,
when he run and left his men twenty rods behind
Raise four red or crimson h'lai^'s, place (certain nei!L;hl)ors ) as
pall bearers to blow Rams I lorns, dress (other neighbors) in Indian
Stockins^s and Wampum and make them carry around W'inkum or
Cyder IJrandy in lar_L;e iron kettles to treat the iM-occssion. start by
the shouting" of Rams Horns until the walls fall in ( )
as they did in Jericho. Draw 11 im to . then blast
a grave into a solid rock ten feet deep, put him in head downwards,
place bars of iron thick across the grave, take a sledge, drive in
stones, cement them with I'laster- of I'aris, so that the old Devil
cannot get out, as he would make Otiarrells and Disturbance until
the Day of Judgment. C.o to and get one hundred and
fifty barrells of tar or i)itch and twent\- liarrells of brimstone and
burn around the door to keep ott the devils tnitil \ou i)erforni this
my order
The information concludes as follows: —
"All of wdiich was false, willful and malitious and done to blacken
the memory of the said deceased and cast a stigma on his memory
and on all others connected with him and excite his children to a
breach of the jjcace and expose them to the hatred and contempt
of the good people of this State ; all which wrongdoings of the said
are against the peace and dignity of this State contrary
to law and a high crime and misdemeanor and of evil example to
others in like manner to offend. Said attorney therefore prays the
advice of the Honorable Court in the i)remises.
b'.lisha Sterling."
The indorsement is as foUdws: —
■"lames C.ould and Xoah 1'.. I'.enedict assigned as counsel for
the delinquint. I 'lea not guilty. ( )n the jury for trial. The de-
linquint clianging. ])leads guilty.
The Court adjudge that delinciuint is guilty and that he pay a
fine of %7S into the treasury of this State and the costs of this
prosecution and stand committed until judgment be comi)lied with.
J. W. 11., Clerk pro tem."
RAI'.KI.U) TRIAL.
In the spring of 1835 a most horrible murder was committed
in Xew Preston. A voung lad of twelve years of age. son of Mr.
15^^ I.I I'v II i'ii;i.i) C(_)l•^^^ r.i;Mii and i'.ak
J""crris Ilcanlslcy. was l)rulally imirdcTcd l)y a wandcTin^- fellow, a
i'ortui^ucsc l)y hirtli, for sonic fancied insnlt. claiinin.!^- that the boy
stepped on his Iocs. 'I'lie trial coninienccd in Angnst 1S35 before
Judi^cs \\ aitc and Williams. 'Die i)r()secuting attorney for the
State was Leinan (.'hnrch assi>icd 1)\ (KMiri^'c C. \\'oo(lrnfif, Esq.,
.and the I'onrt ap])ointcd Truman Smith and ( ). S. Sc\nionr for the
])risoncr. The trial lastetl several days and on the eii^hteenth of
August iS:^5 the jury returned a verdict of not i^'uilty by reason of
insanity. The i)risoncr was committed to jail for safe keeping" and
remained there a number of years but was afterwards committed
to State Prison tor sate keeping. lie l)ecamc a raving; nianiac
and died in ])rison only a few years since. It was at that time a
noted case and one of the earliest ones, now so common, of offering
expert evidence on insanity.
The proceedings of the trial were ])ublished in pamphlet form.
nKXXET ^\•\RI) .Ml"RI)l{R.
( h\ the -'3rd of Xovember, i84(), llennet Ward went into a store
l<c])t by W. \\. Lounsbury, he was stimewhat intoxicated, became
iiois}- and \iolent, threatened to whi]) several persons who were in
the store, and began to throw fire among' the dry g-oods that were
<lisposed about the store. Among- those present was George W.
Smith. \\'ard finall}- i)roposed to whip him, and Smith seized a stick
of wood from the wood box, and struck him over the left side of the
head, causing a fracture in the skull five inches in length. He
then kicked him out of the store and he fell upon the stoop. He
got up however and wanted to fight, but the door was sluit upon
him. He then went about a quarter of a mile, to an out house of
David j. Stiles and staid there two nights, when he went into Mr.
Stiles' liouse. and soon became insensible. In this condition he re-
remained till his death, which occurred fifty-six hours after the
blow was received. .\ ])ost-mortem examination showed there was
concussion and compression of the brain, besides a chronic inflamma-
tion resulting from an old injur\-. v^mith was arraigned for murder,
February Term 1S47. Hon. bihn II. Hubbard, State's Attorney
and Hon. Charles P.. I'hel])s. appeared for the State and Hons.
Leman Chiu-ch, C. 11. I lollister and William Cothren appeared for
the accused. .After an interesting trial. Smith was acquitted, on
the ground that he acted in self defence.
1. 1 IMS 11. I'oor M IKDl'K.
( )n the morning of .March 4th.. 1850, Kucius II. I'*oote, a tavern-
<'r of \\'oodl)ur\ . was found brutalK- murdered, under the horse sheds
of the l{i)iscoi)al Church in the center of the town, and his whole
body frozen stifT, showing that he had been killed the evening be-
fore. Circumstances strongly pointed to b'dward I{. liradley, as
being the i)erpetrator of the crime, lie was arrested on this sus-
picion, an<l after a hearing l)efore Justice Ihill, bound over, without
m
\
AVILLIAM COTHKHX.
IIIS'I'OKICAI, NOTKS I S[
bail to the next vSupcridi" Court to be licld at IJtclitK-lil. A (ii'aiul
jury was siiinnioned, and a true l)ill for the crime oi murder was
found. The trial of the accused on the indictment commenced at
Litchfield on the 14th., of April, before Judges William L. Storrs
and Orig-en S. Seymour and a Jury, Tlon. Oideon Hall, State's At-
torney, Hon. Charles I!. I'lielps and William Cothren, Kscp ap-
peared for the State, and lion. Charles Chapman of Hartford,
Gideon H. Hollister and Henry \'>. Graves, Ksqrs. appeared for
the prisoner. Not only very nice (piestions of circumstial evidence,
l)ut other intricate questions of law, were involved in the case, and
tile trial excited a more p^eneral interest than any case which has
been tried in this county. ( )n tlic tenth day of the trial the presid-
in,t>- Judg-e charged the jury, and on the eleventh day, they having
failed to agree on a verdict, after having been sent out for several
times, the papers were taken back, the jury discharged, and the
prisoner remanded to jail. The jury stood live for conviction of
murder in the second degree and seven for acquittal.
At the September term of the Court the case came on again for
trial. It was commenced October 3rd., 1856 before Hon. David C.
Sanford and Hon. John D. Park, presiding Judges with a jury.
After a careful and laborious trial inv twelve days, the jury again
disagreed and were discharged.
On the 14th of April, 1857 he was again arraingcd for trial be-
fore a jury wath Hon. William W. Ellsworth and Hon. Thomas 1>.
Butler as presiding Judges, and after a trial of fourteen days the
jury again disagreed. Soon after this result the State's Attorney
entered a nolle prosequi and the accused was discharged. Mr.
Cothren published a com]:)lete report of the trial.
.AIATTUKW _MORUIS MURDER.
On the 17th of July, iS(n, Woodbury was again startled by the
announcement that another murder had been committed there.
Matthew M. Morris a very resi)ectable citizen became engaged in
a quarrel with one Charles Fox, was stabbed by Fox and the knife
at the last thrust, entirely severed the main artery under the collar
bone on the right side, called by the doctois the vena cava. _ Fox
immediately hid his knife in the corner of the yard where it was found
the next morning, almost covered with blood. Fox took his scythe
and started for Roxbury, l)ut was detained by a neighbor till Sheritf
Minor arrested him.
After an inquest, Fox was bound over for trial to the September
term of the Superior Court, 1861. Judge Ellsworth presided over
that Court. Gen. Charles F. Sedgwick and Wm. Cothren. ap-
peared for the State, and (Gideon H. Hollister and Henry I?. Graves,
Esqrs., for the defence. After the evidence on both Mcles had been
introduced the judge called all the counsel to the bench, and told
them that in his judgment the crime amounted to manslaughter and
no more ; and that "if it pleased them to agree to that view and
152 i.nxii i'ii;i.i) (.'oiNTN' i;i;\rii and i;.\k
^\■|lul(l \\ai\c arL;uiiK'nl. ho wduld immediately so charge the jurv.
Tlio counsel cheerfully acceded to the su.^i^cstiou of the distinguished
judtji^c. who immediately chai'i^ed the jiu'y in accordance with his
views. The jury retired, and in a few minutes returned with a ver-
dict of manslaughter, and I'ox was sentenced to ten years iniprison-
nient in the Connecticut v'^tate Prison.
i)i-;.\Ki;i.\- M iRi)i:k.
Again \\'oodbury was the scene of a sad nun-der. On the night
of August inth.. 188C) Robert Drakely slmt his wife through the
heart alter she had retired for the night, lie was a voung man.
not twent\ years old and had been married only a few weeks and
was. as he claimed, jealous of his wife for the attentions she be-
stowed on a small child that boarded with theiu. He was of a
good old lamily of very respectable ])eople biU had become disso-
lute and dissi])ated and committed the act while in a drunken frenzy.
He was bound over to the v^uperior Court by justice Skelly and
taken to the jail at IJtchtield. .\t the A])ril term. 1887 of the
Court the C.rand jury indicted bin; for murder in the second de-
gree. ]n v^e])tember, 1887 ^'^^ ^^'i'^ arraigned and ])lead not guilty.
He was tried before Hon. David Torrance and a jury. The prose-
cution was conducted by Hon. James Huntington. State's Attorney
and Arthur 1). Warner, Esq.; the defense by Henry ]\. Graves and
^^'illiam Cothren. I\sq. The defense was that the accused from
various reasons was not mentally or mortally responsible for his acts.
After an exhaustive trial and the charge of Judge Torrance the jury
retired and in about ten minutes returned with a verdict of guilty.
He was sentenced to State Prison for life and died a few years
after commitment.
lii'^R.Mci-; wiriTK, iiukui'.K.
]n the earl\ ])art of 1850 the people of Colebrook and vicinity
w-ere startled by the report that liernice White, an elderly gentleman
living near Colebrook River, had been murdered. In a short time
four men were arrested for the deed, named William Calhoun,
Lorenzo T. Cobb, Penjaniin P)alcomb and Henry ?^lennasseh, the
latter a half breed Indian. After the preliminary hearing they
were bound o\er for trial to the Superior Court at Litchfield. A
Grand |ur\ found a true l)ill against each of them and they were
brought to trial at the August Term 1850. There was so great a
crowd of witnesses and interested spectators that the Court was
oblige<l to adjourn to the Congregational Church to bold the trial.
Two juflges presided, Chief Justice Church and Judge Storrs.
Calhoun and Palcomb being minors. C'harles Chapman. Ksq., of
Hartford was a])])ointed guardian ad-Htciii of Calhoun and Origen
S. Seymour for P.alcomb. Upon their arraignment Palcomb
])!ead guilty .'ukI the rest not guilt \- of nuu'der in the first degree.
HEXRV B. C.RA\1-.S
JIlSToRICAr. \OTi:S 153
After a long- trial Callioun and Mamiassch were found guilty and
Cobb was acquitted. Tlie .uuilty ones were sentenced to be hung
on the second Friday (jf July, 1S51. One of them, Cobb, died in
jail and the other three finally had their sentences chanj^ed to im-
prisonment in State Prison for life. After serving there some
years l^alcomb died in prison and Calhoun and Mennasseb were i)ar-
doned out, it having been fairly proved that they had no hand in the
actual commission of the deed but were only accessories after the
fact. Calhoun died somewhere in tlic west and Mennasseh died in
the Farmington town Imusc. 1 Ir is said to ha\e been the last of the
Tunxis Indians.
WII.I.IA.M II. CUl-.l-iX TKI.M..
'IMic trial of the Rev. William 11. Green of C(jrnwall f(jr murder
excited a very general interest.
In 1865 :\Ir. Green resided in Centerville, N. Y., in the character
of an itinerant Methodist preacher, and about that time he married
a woman with whom he lived several months occupying with her
the ])arsonage of the parish wherein he preached. In 1866 he
abandoned this wife and married a young widow who had a small
amount of property amounting to some twelve or fifteen hundred
dollars. In the spring of 1867 he came to Connecticut and tooK
the stump for P. T. lUirnum who w^as then running for Congress
on the Republican ticket. He was esteemed a very powerful
preacher and his political arguments were eloquent and convincing,
he also lectured on temperance and was an evangelist and held re-
vival meetings in different places. After a time he joined his sec-
ond wife's brother in West Cornwall and engaged with him in the
general country store business. Mrs. Green was in feeble health
wath consumption and grew rapidly worse. On the evening
of May 6, 1867 she was attacked with spasms and died just aftei
midnight. From certain suspicious circumstances and subsequent
conduct of Green, suspicion was aroused to the cause of her death.
About the middle of June her body was exhumed and the stomach
and liver sent to Prof. Barker of New Haven for examination who
found traces of strychnine in those organs. Green was arrested and
sent to Litchfield for safe keeping without a mittimus and of course
was not locked up. While under keepers here his brother-in-law
called upon him and informed him of the result of the analysis.
Green concluded that his residence at the jail was not desirable at
least on his part and made his departure therefrom unknown to the
authorities and was for a few days in parts unknown. In a few
davs he reported at West Cornwall where he was formally arrested
and attempted to save the State the trouble and expense of three
trials bv cutting his throat with a pocket knife in which he^was not
entirely successful. He was bound over to the Superior Court for
trial and in November 1867 was tried for the crime and convicted
154 I.ITCIlI-ll'I.l) COIN TV I:i;NC1I and ItAK
oi nuHukr and scnlcnci'd lo l)c Iuuil; on l)cccnil)cT 41I1.. iS(kS. His
case was carried to the Sui)renie Court and a new trial granted him
on the ,s^round of newly discovered evidence. In January i8(kj he
was again before the Superior Court and the new trial resulted in
a disag^reemcnt of the jury, l)ut in Sej^tcmber of that year the third
trial was had and the jury returned a verdict of i^uilty of murder in
the second dej^ree. He was sentenced to State Prison for life
v'^ci)temljer 25. ii^(y(), where he died.
J A.Mi;s l.I; KOV.
The career of James LcRoy, who received in 1850 at the age of
twenty-five years his third commitment to the State I'rison for the
term of fifteen }ears upon his plea of guilty to seven dififerent
burglaries ct)mmitted in or near Winsted and New Hartford in th^
years 1849 '^"^l ^^5^^ is in many respects a remarkable one. hVom
his boyhood he seemed to have nothing but a criminal instinct.
When arrested in 1850 he was placed under keepers who fell asleep
and he not enjoying their society departed from them. He had
liand cuiTs on and disliking them, proceeded to one of the scythe
shops, broke into the shop and set one of the water grindstones
running, and ground the shackles from his wrists and then secreted
himself so that he was not found by the officials for several days,
although they were constantly on the alert for hirn. After his
release from the Connecticut State Prison he was engaged in
jiractical observations in the management of ])risons in other States
and in 1877 under the name of James Whiting was sent to prison for
theft iov three and a half years, and died in ]M-ison. lie made in
1850 a confession of his exploits which was published.
AVOI.C'OTTN'llJ.r; lU'KCI.AKS.
( )n the night of Xoveniber i87<) the warehouse of llie I'nion
?\lanufacturing Coni])au\- in Torrington was broken into and a
large cpiantity of manufactured goods carried awa\. The burglars
stole a hand car from the section house and started towards Ih-idge-
port on the Xaugatuck Railroad track. When it ])assed through
Waterl)ur\- the watchman at the depot informed Superintendent
lieach of the passage of the car. Mr. I'.each immediately had an
engine fired up and started in imrsuit. and just before reaching
Ansonia at about half ])ast four in the morning the engine struck
the hand car and threw it from the track. Stop])ing the engine
tliiN found fifteen pieces of woolen goo(ls scattered about, but the
occnixmts of the hand car had lleil. but were tracked in tlu' snow
and soon arrested. They were lodged in Litchfield jail and had
their trial before this Court December (k and 7, i87() and l''r;uiklin
Johnson, William C. Davis and William (.'. Davis. Jr. were con-
A'icted of the crime and recei\ed State I'rison sentences. It was
a case that e.xcited great attention partly on account of the mode
of cajiture and the no\el uielbod of transit. The whole e\ ideiKC
Ouu^U^tuj} ^.7<^^
IIIS'l'OUICAI, NOTI-.S 155
was i)iirclv circunistanti.il and llie (k-fense was not only denial by
the accused but a fairiy ])r(ne(l alibi jfreseiited. The skillful prose-
cution conducted by the State's Attorney lluntinj^^on and C,, H.
Welch, Ksq. with the adroit defenses presented by 11. P.. (iraves and
the large attendance at the trial makes it a noted case.
LIQUOR TRIALS.
From the Litchfield lui(|uirer of .\])ril 29, 1880 we take extracts
which will illustrate the great battle which was fought in our Courts
in the ])roseculi()n for the illegal sale of intoxicating spirits at about
that date :
"With all its victories in llie moral firld, temperance has hereto-
fore met defeat or but partial success in the C'ourts. Kven in high
teetotal times, when the people were electing Prohibition Governors
and Prohibition Legislatures, we have seen rum-seller after rum-
seller brought before juries, their guih conclusively i)roved, yet
escaping justice by acquittal or disagreement. The old ])rohibitory
Statute of 1854 in this County at least was an utter faihu'e. Of
the dozens we have seen tried under the act we can recollect but
one conviction. Lender Local ( )i)tion there has been a marked
change, particularly of late years, and especially since the popular
feeling against the li(juor traffic has been intensified by the F.lue
Ribbon movement. There can be no doubt, too, that Litchfield
County is verv fortunate in her State's Attorney, an officer who
never shirks or slights his duty, whether it is a rum-seller, or a
sheep stealer that is brought to" the bar of the Superior Court for
trial. Of late years, therefore we have seen several convictions bv
juries, but in this County, rum and justice have never been brought
face to face so sharply and with such decisive defeat — indeed such
utter rout, demoralization and capture of the liquor interest — as
the past week has witnessed." After statmg the t^rial oi a certain
case which was most strongly contested by State's Attorney
Huntington, H. P. Lawrence and W. B. Smith for the prosecution
and H. B. Graves and A. H. Fenn for defense but resulted in convic-
tion of the parties, the article continues: "The prisoner was very
much overcome and w^ent home completely broken dow^n and took
to his bed seriously if not dangerously ill. On Thursday the Win-
sted Temperance men began to reap the benefit of their victory.
Dealer after dealer came up to make such settlement as he could.
The terms were the same to all. All costs must be paid and an
obligation given that they would quit the trafific. On Friday after-
noon the Court adjourned for the Term with the following record ot
progress for about six days work on liquor cases :
Three convictions with fines and costs amounting to about $500
and one hundred and six cases settled for $2,664.11 and one man
in jail.
Messrs. Forbes, Holmes. Lawrence, W. B. Smith and others are
to be highlv commended in their wonderfully successful assault of
what has so long been considered the last strong-hold of the liquor
trafific. the Glorious uncertainty of the law!"
15^ I.II\lil"lKl.l) CorNTV liKNl'll ANH 1!.\U
MASTllKS \ S. W AKKKN.
( )iK' of the iniiHirtaiu ci\il cases tried in tliis C'diirt eaiiie from
Warren.
Xieliolas Masters, while riihn;:;- horse-back in the eastern part of
the town, was tlirown from Ills horse by reason of its breaking-
throni^h a small wooden sluice or bridc^e and received serious in-
juries, ha\ini;' his neck nearly broken and t"or some years carried
his head turned partly around and also received some other minor
injuries of not so serious or permanent a nature.
1 lis attorneys. Graves and Hollister. broujiht suit a,Q,'ainst the town
of Warren for damaj^es. claiminiJ- ten thousand dollars, the writ re-
turnable to the Seinember term, icS^r). A long- exhaustive trial b-;;-
fore a jury was had at the Xovember term. 1S57 in which the
jjlaintiff recovered thirty-tive hundred dollars, v^ome very inter-
esting t|uestions came u]) during the trial regarding the taking of
depositions by the defendant without notice to the i)laintiti' and also
in the charge of the judge to the jury of a statement made by tlic
judge of matter outside of the evidence. .\n appeal was taken to
the Supreme Court of Errors by the defendant claiming a new trial
which the Supreme Court did not grant and final judgment was
rendered against the town at the .Xjiril term, 1858 for three thousand
five hundred and eighty-seven dollars and fift\- cents damages and
costs.
The story is told in connection with this case that Dr. r)Uel one
of the expert witnesses for the ])laintifi:' testified that he examined
the i)laintilt and found him suffering from tortochlorosis of the
neck. Mr. Hollister in his argument indulged in the high sounding
Word frecjuently, ])ortraying the sufi'erings of his client during his
lifetime from such a frrible romjilaiut. ( )ni.' of the defendant
lawvers soon after met Dr. lUud and asked him wliat that big word
he used meant. "Stiff' neck," was the answer. "W'liy didn't _\'ou say
so in Court said the lawyer. That word cost the town S1500."
KOKIWXS \'S. tolM'IX.
Tn 1883 •^'1 action from Sa]isl)ur\- wherein Samuel Kobbins
sued the administrator ol' the estate of C.eorge Coffing.
'J"he i>oints of law invoKxMl were imi)ortant and the amount in-
volved was al)out $70,000, an unusually large sum for this Court
and the attorneys engaged were <if the highest rank in the Slate.
(jeorge A. Hickox, who ihen edited the Litchl'ield l'".n(|uirer. re-
ports it as follows: "The management of the case b> tiie noted
counsel on each side rcsi)ecli\-ely, was looked on with much interest.
Judge Warner made an excellent oi)ening argument for the de-
fendants, on whom the burden rested to pi-o\e their \arious de-
fenses. Then followed |olin S. I'eacii. with a \er\ clear (|uiet
statement of the ])laintitT"s claim. Most interest was naturally felt
MILKS T. GKAXG1:r.
IIISTOKICAL XOTRS 157
in the argument of Ex-Governor Hubbard, who followtil Mr. lU-ach.
The elegant forcible style of his address showed all the jjolish of
his first class literary work, and the weight of his oratory was made
doubly effective by his remarkable power as an actor. It was
worth while studying the use he made of an old pair of sted
spectacles he wears, to damn the defendants claims or enfcjrce his
own. The way they fell on the table was made to express the ex-
treme of confidence or the extreme of disgust. They came down
with the weight of a sledge hammer in emphasizing the one or the
other view. His mode of handling a law paper spoke volumes. In-
deed we have heard as fine rhetoric and as fine oratory in a law
court, but never combined with such acting. Mr. Perkins closed
the case with a very telling exposition of the evidence in connection
with the position of the defendant." The jury returned a verdict
for the plaintiff to recover $67,633.33 damages and costs.
In connection with Brother Hickox's discription of the conduct
of the trial it may be proper to add that this was the last argument
in a law court that "Dick" Hubbard ever made.
ILIGGIX'S ESCAI'i:.
One of the most interesting and exciting matters that have arisen
ii: modern years, related to the escape of Richard Hadley a prisoner
while being transported to the State Prison in Wethersfield in the
year 1883. — Higgin's alias was Richard Hadley.
The following extracts from the papers of the time will give full
details as well as some interesting history :
When James R. Higgins escaped from the wagon in which he
was being taken from Litchfield to Wethersfield to serve out a ten
vears sentence for burglarly it was supposed that he had been fur-
nished with a key to his handcuff's bv his counsel, Henry H. Prescott
of Litchfield. A. T. Roraback of Canaan, W. B. Smith of Winsted,
and Dwight C. Kilbourn of Litchfield were appointed a committee
to obtain evidence to be presented to the court at Litchfield touch-
ing J\Ir. Prescott's connection with the affair. Mr. Smith, of the
committee, was at Wethersfield on Tuesday and obtained the fol-
lowing statement from Higgins: —
I first met Harry H. Prescott of Litchfield soon after I was ar-
rested, in Litchfield jail. He was my attorney in the superior court
in that county. When I called him into the case he agreed to help
me to get away from jail, and I was to give him $250. Xot having
any money I was to give him some stolen bonds as security. The
bonds w^ere stolen from the savings bank at Woodbury, this state,
and the total amount was $7,500. I put into Prescott's hands
$6,400 in bonds. The understanding was that if I got out he should
have the bonds. He was to give Paddy Ryan and others who came
from New^ York to assist me in breaking jail all the points about
jail, also the use of his office, and in short was to act as a general
15<^ l.n\ II l'li;i.|) i,()L"XT\' BKNcIl AND I!AR
,Q()-l)i't\vcc'n 1(1 aid nic in cscapin;;- from jail. The uiiderstaiuliiig-
was that I'rcscott was licit to nci^otiatc the IkjikIs and was to keep
the matter (juiet nntil Howard, my pal. who was arrested with me,
and I had escaped. Trescott told me thai he went to New York to
see i\yan at 154 h'.ast Twenty-third street, and that Ryan was afraid
to ha\e anylhiiijL;- to do with him in the matter. Later he told me
that he had heen to New York ai^'ain, hut did not see Ryan. Soon
after I'rescoit hroui^"ht me a letter that was sent to him hy Ryan and
written hy Farley, one of the i\\an mani;-. The letter iiupiired
whether I'rescott was all solid and to he trusted. After reading"
the letter 1 hurned it in the jail stove. I sent a letter through Pres-
cott t<i Ryan saying- that I'rescott was straight and to be trusted.
The following Sunday, after he had l)een to Xcw York, Prescott
came to me and stated that he had taken the bonds to the bank
parties and had got something- t)ver $400 for them. As I had ob-
jected to his doing- anything; about the bonds until I had made my
cscajK'. 1 was angry when T found that he hail given them up. At
that lime he gave me Si 5 and in a da\- or two g'ave my wife $200. I
could not get anxthing- more out of him. T afterwards found that
he received about $1,200 for the bonds, l)ul 1 could not get anything
more out of him. M\- friends of the Ryan gang did not appear and
I found that I had to depend upon my own resources. I continued
to find fault because Prescott would not give me niore money, and
at last he said t(i me, about two weeks before court opened, that if
I would keep still he wtnild get me a key that would fit my hand-
cutts, and 1 could escape either when on the way from jail to the
court house, or when I w^as lieing conveyed to the state jirison if I
was convicted. Ibiward and I talked it (n'cr and concluded to make
the atlemjH to escape when we were being conveyed to or from the
court room. I'rescott brought us four handcuff keys that fitted my
handcuffs and two small ke_\s, like dog-collar keys ; also two files.
I had the four handcuff keys in my ])ocket all the time during the
trial. The two other keys 1 filed and gave to How'ard. One of the
files I kejjt until 1 escaped, the other T left in the jail. When I'res-
Cf)tt gave me the keys he lold me that he knew that four of them
would fit any handcuff in the jail. They did fit without any filing.
When we were taken to tlie court room to plead Howard was
handcuffed to me and the sheritt t()t)k my right wrist in his nippers.
\\'hi]e we sat in the dock, IVescott came up to us and said: "Why
did you not esca])e on the wa\ o\er ?" I told him that Howard might
have got away, but I could not. I'rescott replied: "That's right.
^'on jiad better wait and gel awax" together." While I was in the
JJlchfield jail I'rescott gave me a re\-ol\er loaded with five cart-
ridges, also ten cartridges afterwar<ls. lie gave them to me in my
cell, I think on the afternoon of the da\ I was sentenced. 1 wanted
the revolver and he did not want to gi\e it to me until after T had
received a visit from my wife, so thai it wnuld appear as if she had
\\'i;i.i.ixc.T()x P). S.\rmi.
II ISI'nKICAI. \(i'l'i;S l^')
tui'ni>lK'il il til iiK' if il was disci )\i-r(.'<l. I aski-d him it In- lia«l it
with him. ami he said hr had. I then asked him Id lei me see it.
Alter making me promise In L;i\i' it hack to him, he let me take it.
I examined it and then handed it l)aek. At 4 o'clock 'i'luirsday
eveiiinii', alter I was sentenced, lie .L;a\e me the ten cartridj.i;es. The
re\-ol\-er was a ■Aunn^' America" nr "Annnsj^ American." 1 don't
remeniher which. It was dnuhje-actin^-. had five chamhers. and was
III" ^j caliher. I did nnt krniw where he -ot il. 1 don't remeniher
whether he lold me he .L;ot the ke\ s frmn a man in Litchfield, or
whether he said he was L;oin- in ,l;cI them of some man there. \
undersiood that the man was an officer or had heen one. The last
lime 1 saw I 'rescolt he fore my escape was when he L^'ave me the
ten cartrid,ue> on Thnrsdax. lie then cantione<l me not to use the
revolver, shook hands with me and wished me .^oitd luck, .\tter
niv escai)e I pawned the revolver in llalliniore. 1 had il lied he-
tween mv le,^s the Saturda\ morning- when they started to take me
to Wethersfield. T was on llie hack seat of the last wat;on. which
the slieriff was drivin,^-. Howard was in the first wa.^'on with the
(k'])Ut\\
.Mr. Trocoll was ])resent while the latter ])art of this statement
was made, and afterwards cross-examined lli.q-.^ins without material-
ly shakini>- his statement of the case."
M u;iiAi;i. i;ioN' cwsiv.
One of the most important cases of our Courts, considerin.q: it
in all of its features, was the case of Michael Bion from the town
of X'orth Canaan.
Tn 1871 Lvman l)umiin.i;'s store at East Canaan in the town of
Xorth Canaan was hiu-.ylarized. and a woodchopper named Michael
r.ion was arrested and convicted of the crime and sentenced to two
vears in State I'rison. He behaved himself well, receivini;- the due
credit therefor and was discharged at the expiration of his sentence
with no great love for Mr. Dunning.
In 1874 a bag containing gun powder was placed near the house
of the next neighbor of Mr. Dunning occupied by the congregation-
al minister and was exploded in the night time setting the house on
fire, but doing no great damage. The two houses looked alike and
it was supposed that the intention was to place the powder at Mr.
nunnings house. I'.ion was charged with this deed and arrested and
after a hard f(.uglil trial convicted and sentenced to ten years in
State I'rison mai'nlv bv the active agency of Mr. Dunning which
did not increase T.ion's affection and he made 'threats of violence
against Mr. Dunning. Cpon his discharge from i)rison he was
induced to return to France his native country, .\bout five years
after this he was discovered working under an assumed name in
the viciniiv of Pine Plains only a few miles distant from East
Canaan. Mr. lemming fearing further injury from him got out a
ibo i.ri\iii-ii:i.i) i(UN r\ i;i:ncii and ha r
surctit'S (if the ])i.'acc C()ni])laint. obtained a warrant ami when ho
found him in Conneclieul had him arrested and brought l)cfore a
justice who phiced him under homls in the sum of live thousand
dolhirs. I'lion could not furnish such bond and on the 19th day of
Xovembcr 1889 was lodt^cd in Litchfield jail, lie employed at-
torneys who instituted hal)eas corpus proceedings to release him and
by various statues the matter came before the Sui)reme Court of
Errors at the Ma\ Term iS<)() and the re])orl of the case occujiies
twenty paiL^es of the 5(;th volume of the C'ounecticni Reports. 'I'he
C'ourt found no error in tlie jud^nieni complained of and liion still
remained in the Litchfield jail. Afterwards an arrangement was
made by the iM'ench Consul by which Lion was released and re-
turned to b'rance.
Till' I'.OK |i:sSoX Mri^Iil'K TI<[AI..
Onb- one sentence of death |)assed b\ this C'ourt during the
Century was carried into efifect and this was u])on Andrew Bor-
jesson a native of Sweden who was residing in Xew Milford. ( )n
the first of August 1890 in the night season Lorjesson went to the
house of Homer Buckingham and climbing on the roof of the ell
part of the house entered the room of a Swedisji girl named b'mma
Anderson, a servant of Mr. Buckingham's and nuu"dered her.
Mr. lUickingham hearing the noise in the room, went out of his
house and saw Borjesson upon the roof of the hou>e from which
he jumi)ed and ran ofT into the woods, and going to the girls room
found her lying upon the floor in a pool of blood, her neck cut ivon-[
ear to ear on the back side with other wounds upon her bmly. The
murderer was arrested and bt)und over to the Sui)erior Court and
a true bill was found against him on the 9th of ( )ctoln_r iSi)(X lie
was tried before the Superior Court in December and a xerdict of
guilty found against him December 31st iS«j(), and sentenced to be
hung January 29th, 1892. His counsel made most strenuous elf(^rts
for his reprieve getting dcjiositions from relatives in Sweden con-
cerning his sanity. All elTorts failed. It was a cool deliberate
murder and there was no public sympathy or extenuating circum-
stances. 1'he sentence was dul\ carried into effect in the jail yard
at Litcht'ield. The scenes connected with the execution outside of
the jail enclosure, were of a disgraceful character bui everything
connected with it officialK' were solenm. orderly and proper. The
citizens of the village were exasperated and shocked and made such
an ap])eal to the ])ublic sense of ])ropriet\- that the Legislature en-
acted the law that' all future executions of the death penallx should
be had within the State Prison.
('.osni:x T A.x c.\si':.
In i8(j4, June Term, a vvvv interesting case wa> tried at \\ lu-
sted being an a])peal from the (k'ci^iou of ihe I'.oaril of Relief ot
cii.\Ki.i;s !. I'uKTi-:
IIISTdKICWI, NOTKS I^H
TdUii of (".(isluii. ;il)(iul ahatfiiKiit <i\ 'l"a\c>. 'I'lu- amount inv(jlve(l
was li-itliiiL;'. hut tlir ])riiu-i|)U' was important fUouL;!! for a two
weeks couti'st with a wrx hir.m' numlirr of \vitnc-ss(.-s au<l sc-vcfal
attornc\s. A local hard reports thr trial as follows:
(;( )Siii-:.\i.\.
A famous tax-case once was tried,
r>\- the staid old land of (joshen ;
( )ue h'esseuden Ives was taxed too hi.i;h.
At least, that was his notion.
lie said his land was cold and wet.
And hard-hacks covered the ground.
The once fertile soil was sterile antl cold
And xc'llow charlicks ahound.
ili.s harn was like sweet charity
That covereth a nudtitude of sin: —
The outside was neat and fair to the eye.
r.ut old rotten timhers within.
He's assessed too hi.^h, the rest too low.
.And there's a plot to take his gold.
'Tis wrong to do so after years of toil.
Thus to rol) him when he's old.
'I'he town a])i)eared hy lluntington and Warner.
\\\ W'ehster. Welch and judd.
While Ives em])l()yed Hnhhard. Ilickox and lUn-rell
To shed his opi)onent"s hlood.
The air was fragrant with sweet hreath of June.
Outside were the hirds and hees : —
The Judge's desk was strewed with dowers.
Ilardhacks, charlick aTi<l cheese.
The stenograi)her dreams of hardhack on toast.
Of iv\-. rocks, alders and hirch.
As the lawyers try to win tiieir case
The other side tr\ing to smirch.
The case dragged on its wear\ length.
Watched by Goshen ladies fair.
^^'hile iioor old Kilhom-n. the portl\ clerk.
Sat fast aslee]) in his chair.
For ten long da\ s they fussed and fumed.
With witnesses goadeil to tears.
While the costs were doubtless large enough.
To i)a\ the taxes a hundred years.
1 62
].iTciii-ii:i.i) coi NT\ i;i;ncil and bar
i:i)\VAKl) A. XI-IJ.IS.
I' 111; .MAN Ni:uiNC, CASIv.
Jvlwiii .ManiKTiiii;- a resident of Roxlnirx' died (Ui Fe1)ruar\' \(),
1893. ^'i"-' i'*-'^idt I if lakini.;- a dose of I^])soni Salts for medicinal i:)nr-
])oses in whieli as afterwards discovered was a (|nantity of stricli-
nine. 'Die cordiu'r made a \er\- full inxesti^ation wliicli resulted in
the arrest of Airs. Mannerinj;" for the crinu' of poisonin^i;- her luis-
l^and. It was admitted that strichnine had heeii kept in the house
lor the ])urp()se of ])oisonin^- foxes, and it was shown that she had
])urchase(l striclmiue froui a ueis^lihorin^" drus'^ist a short time
before his death. She was hound nwv for trial to the vSuperior
Court and a true hill was found against her h\' the ('iraud jnry.
'Flu- trial oceui'red at l.itchtield in .\o\emher iSc)^, lasting' six
days and resulted in her ac(|uittal.
ll was ])erhaps the most sfusatioual trial e\'er held in this
Court. Till' jiri^inu'r was led into Court leaning' u\)"U [he arms of
two friends and one or two ])h\sicians were conslantK' near to ad-
minister stimulants which was occasionalK tu'cessarw Several
ladies of the xillai^f of Litchfield interested themselves in her trial
hy alteiidinL;- Court e\er\ da\- arrayed in all the somhre blackness
of mourniiiL;- habiliment"-. It sc'cmed like a staL;e j)la\ rather th:ui
a cold blooded matter of fact trial. I ler attoiiu'x left no art or
artifice initonchrd to arouse the s\ ni])atl)its of the Court and inry.
.A distin,L;in'shed inrist remai'ked that it wa-- the mo>t artistic trial
lu' e\er witne^Md.
],1;UN AKl) J . N ICKliKSuX.
lIlS'J'dKKAr. N()TI-:S 165
MiKMAN I'.KOOKS, Wll.l, I' AS)'..
Xdrnian Urooks a fariiuT lixiiii;' in W inclK>tLT ilit<l nu the jXtli
of |iil\ iS»;5, afj^cd 7X wars, lie left a widow Imt no children an<l
had a small amount of ])ro|)eiiy. After lii> death a will was ofifcrcfl
/or ])rol)ate which was nuuK' on the 15th of January iS(;5 in the
office of Warner tJc Landon at Salishnry. iMom the prohate oi
this will his widow ai)i)ealed to the Superior C'onrt. I'poii the trial
of the case in the Superior dmrt the claim was made that the w'ill
in (|uestion was not made hy Xorman llrooks hut 1)\' some one per-
sonating- him and that the disj)osition of his property niven in this
will was entirely different from repeated declarations he had made
a.nd also that there was a previous will which corresponded with
these declarations. The contestants had his hody exhumed and the,
witnesses to the will were present to identify or not identify the
person. It was also claimed that one ]{. M. Clossex' whose wife
was a relati\e of the deceased and with himself were the principal
heneticiaries of the disputed will was larj^eh- instrumental in the
production of this will. That he went with Mr. Urooks who was
(|uite an infirm man on one of the coldest da\s in January to Salis-
bury to i^et the will made althous^h he was not actually ])resent at
its execution. The case came to trial before the Su])erior Court and
a jury at Winchester at the April Term 1896. and after a protraced
trial the jury found that there was undue influence exerted upon the
testator in makinc^ a jxirt of said will to wit. that i)art which t^ave
the residue of the estate to said Clossey and also of that clause
which gave him ])ower to sell all the real estate and that said
paragraph was null and void but confirming and establishing the rest
of the will. The case was ap])ealed to the Su])reme Court of h'.rrors
at the ( )ctober Term i8(/). C])on a motion for a new trial for a
A'erdict against evidence.
In the record of the case the evidence is jjrinted in full, occupy-
ing 2()9 pages.
After a full hearing before the Su])reme Court the motion for
a new trial was denied.
IIA^ i;S M IKDIlK TRIA[..
In l'"ebruar\- Kjoi. John T. Haves, a young man of W'insted.
shot and killed Winnifred F. Cooke, a yoinig lady he had fallen
in love with, because she woidd not eloj^e with him and marry
against the wishes of her father. The tragedy occurred at the
Gilbert Home in W'insted on the iith of February, where the lady
was employed as a teacher. He. after shooting her shot himself
three times in his head — but failed to kill himself — and was held for
trial in the Superior Court. The trial came on at Litchfield at the
( )ctober Term, before Judge F.lmer and lasted four weeks, when the
lurv returned a virdict of, on the 8th of Xovember of guilt\' of
164 1.1TCI11-Ii:i.l) C'orNI"\ I!1:NCH AM) I!.\K
murder in tlic .^t-Cdiid dcj^rcc, and he was sentenced to inii)ris()n-
niont tor life. 'Idle defense was insanitx from liereditary causes
and four exjiert i)liysicians were present all through the trial, and
tcstitied from a su])i)osed state of facts — which it took nearly two
hours to read. Two of them pronounced him not resjionsihle and
the other two thou.^ht him resi)onsil)le, for which important evi-
dence the .statt' alloweil nearh two thousand dollars, while the
iur\- ])aid no attention to them at all. hut on their first hallot stood
ei.^'iit for th">t det^ree and three for the second decree and one
])lank. After twelve hours confmement in the jury room they all
ai^reed to hriiiL; in a \erdict of murder in the second dci^'rec, which
the comn acce])ted. It was the most exi)ensive trial on our cost
hook. The total ex])enses heiu^' a little over seven thousand dollars.
ii.xniMKK tASi:.
( )ne of the most im])ortant cases rci^ardiu^- the ])roj)erty rights
of hushand and wife, and also one that has made s;reat confusion
in the divorce laws of the country, was decided in the I'nited States
Su])rcnie Court, .\pril 12, ]i)of\ and can he found in \'ol. 201 of said
l^ejKirts he^iuninm' at l)ai.;e ^h2. This case had its inception in this
Sni^erior I'ourt, Decemher 1881, and is known 1)\' the le^al jtro-
fession as the case of Haddock vs. Haddock.
The facts are briefly as follows: The Haddocks were married
in 1868 in Xew ^'ork, where both parties then resided. 'J'he \ery
dav of the ceremon\- they separated, cUid never lived toL^ether. In
1881 Mr. liaddock having- resided in Connecticut for three years,
obtained a di\orce from his wife Harriet Haddock, at the December
term, on tlie .L^round of desertion. The service of the writ was by
])ublication in the Litchfield bjupiirer and a coi^v sent by mail to
the defendant at Tarrytown, X. \'. where it was su])posed she re-
sided. Thi> divorce was granted Decemher (■>. 1881, and the decree
was sii.jne(l b\ 1 iitchcock, jud^e. At that time the ijlaintitf was
poor but he afterwards ac(|uired considerable i)ro]K'rty, and also
married another wife b\- wliom he liad children. In 181)4 the first
wife broujU'bt suit a<^ainst him in Xew N'ork' tor a dixurce from
bed and board and for alimony. Constructive service was made
of this i)rocess and she obtained a decree. As there was no ])er-
sonal service the iudi;nient for alimony was ineffectual. In 180Q
she brouLi'ht another suit aijainst him, and obtained i)ersonal service
on him, and was allowed a decree for alimony for $780. a year.
The defendant in this last suit i)lead for one of his answers the
Connecticut di\drce in 1881, but the Xew ^'ork courts disallowed
it. Haddock a])i)ealed to the Cniled Slates Supreme Comi on the
.ground that the decrt-c (U'uied full faith and creilit to the judi^nient
of the C"onnecticut cmrts, but thr Su]iremc Court uphel<l the actions
of tile .Xew N'ork courts and sustained the judi^ment. five judges
in the affirmati\e and four dissenting-, 'i'he discussion and e\-
])lanation of this seemin^K inconsistent decision recpiire thirt\ paj^es
of fin J print in the Keixirt.
J
ii:\m' I. Ai.i.i:.\.
II ISl'dKK Al, NOTI'.S
l6:
KICUAKI) T. UIC.CIXS.
COrXTV COUOXKR.
rrc\iinis to 18S3 all sudden deaths that occurred in the county
were re])(irtc(l to the Clerk's office only by the returnc.s of a jury
of in(]uest. A very j^reat many of such deaths were never repurtcd.
and those that were, showed some remarkal)lc verdicts.
In 1883 the Legislature enacted a law for the ])r()])er return and
preservation of these untimel\- deaths. Kach county was to have
a coroner who should ])e a])i)ointed by the Judijes of the Sui)erior
Court at their annual meeting', and who should li(^ld office three
years, and until another was a]i])ointed in their place. The county
ccM'oner had power to appoint an able and discreet ])erson learned
in medical science to be medical examiner in each town in the
county. The medical examiner was to examine the cause and
manner of each sudden death and make his re])ort thereon to the
count\' Coroner who was to kec]) a record of stich deaths. The
medical examiner's reports were to be placed on tile with the clerk
of the Su])erior Court.
The first Count\- (.'oroner in Litchfield Connty was I'ol. Jacob
ITardenburLjh of Canaan, who held the otlice until his decease on
.April 4, i8«)2. Richard T. Hi[;-.2:ins of \\'inchester was appointed
to succeed him, and has held the (U'fice from that time until the
present.
i66
i.iTriii'n:i,i> corx'PN' i;i:\ni and i'.ar
i-uAMv w . i:i'iii;uii)GK.
HKAI/i'ir Ol^FlCKRS.
In 1893 the Leg-islature enacted a law for the appointment of a
County Health Officer, who was to be an attorney-at-lau ami be
ai)piiinte(l by the judj^es of the Superior Court, and hold office for
four years. The statute prescribes that he shall cause the execution
of the laws relatinj^ to public health and the prevention and abate-
ment of nuisances dani^erous to public healtli. and of laws relating-
to the res^istration of vital statistics, and co-opcrale with, and sujier-
vise the doinijs of town, city and borough health officers, and boards
of health within his county, lie is clothed with all the powers of a
grand juror and prosecuting officer for the proseculion ol violations
of laws relating to such matters.
Th(,' ap])ointee was Walter S. Judd. of I .ilrlilieltl. Tlie sec-
ond was William F. Hurlbut of Winchester, in 1894. and the third
was the ])resent incumbent. bVank W. Ktheridge. who has hekl the
office since i8(;6.
AKTJIUR D. WAKXKK.
msTouicAi. NO'ri'.s
ir,7
.MAKCLS ir. iior,(.()>ri!.
.\TT()k.\i;V CICNJCKAL.
Ill i8()7 the Lct^islature of Conncclicut enacted a law fi)r the
election of an Attorney Cicncral. In Xovember 1906 Marcus H,
Holcoml) a member of this bar, but residing in Southington and
practicing law both in that town and in Hartford was elected to
that office.
lC)8 l.lTl'lll-lI'l.l) CdlNTV l!i:\lll AM) PAR
THE FIRST LAW REPORTS.
Jiul,i:"(.' CMuircli in liis address iiu'iilii m^ Uu' \:\c\ llial the first Law
i\ci)()i"ts in this (.■iiiinli"\ were ])ulilishe(l al 1 .itelitielil s( h in after the
establislmient ol' the Law Selionl. l)y l"".|)liraini l\irl)\. Ls(|. who was
tlieii a ])r(iniinent and successful attorne} at l.itc'ntiehl.
A manuscript cupy of ])art of these reports lias heen ])reserve(l
In some of his ik'scendanls, and has heen ])laeed in the room of
the Historical Societx at Litchlield. by whose courtesy I ha\e been
^ble to reproduce in this work the tlrst pai^e of the "Sxnishury"
case.
i am also enabled to _i;i\'e a picture of this eminent man trom
a photos^ra])h of a ])aintino- presented to St. TauTs Lo(li;'e. F and A.
^r. of Litchfield, by Col. E. K. Russell L. S. A., a ,<4Tandson of
'Col. Kirl)\.
J also re])ublish the jn-eface to the Reports, to^etlier with a short
memoir of its author and a list of the I)ooks coiuposin^' his Law
Librarx'.
pki:i*ACi'..
The uncertaint\- and contradiction attending- the judicial de-
.cisions in this state, have long been subjects of complaint. — The
source of this complaint is casilv discovered. — \\ hen our ancestors
emigrated here, they brought with them the notions of jurisprudence
Avhich ])revailed in the countrx- from whence they came. — The riches,
In.xurw and extensive commerce of that" country, contrasted with the
■ecpial distribution oi property, sim]^licity of matmers, and agricultur-
.al liabits and emj)loyments of this, rendered a deviation from the
luiglisb laws, in man\- instances, highly necessary. This was ob-
served — and the intricate and ])rolix i)ractice of the English courts
was rejected, and a mode of ])ractice more simple, and better ac-
'Comniodated to an eas\- and si)eed\' administration ot justice. ado])t-
ed. — ( )ur Courts were still in a state of embarrasmeut, sensible that
lhe coniuion law of b'ngland. "though a highly im])roved system,"
was not tulK ap])licable to our situation; l)ut no ])rovision being
made to jjreserw and ])ublisb ])roi)er histories of their adjudiea-
lions. e\er\ attem])t of the ludges. to run the line of distinction. l)e-
iween what was a])])licable and what not. ])rove(l al)ortive: For
the principles of their decisions were soou forgot, or misunderstinxl,
^)r erroneousK reported from memory.- -lieuce .ai'ose a contusion in
the determination of our courts; — the rules of propc^rly l)ecanie un-
certain, and litigation ])ro])ortiona])l\' increased.
In tbis situation, some legislative exertion was found necessary;
•and in tbe year 17S5 an act i)assed, recpiiring the Judges of the
Superior C'ourt, to render written reasons for their decisions, in
-cases where tiie i)lea(lings closed in an issue al law. — 'I'his was a
•j^reat advance toward ini])r<)vement ; still it left the business of
reformation but lialf performe<l : — b'or the arguments of the Judges.
s
A.
/....:. ^.'v:.^^> ^.^5^,1. .^^^-;<^ v^"^:^
•<-4
/^,, „.. ^^/
/• c
KKI'KODUCTION ol- KlKl'.VS M A N 1 SCK 1 1' I'
iiisToKu \i. \()ii;s 169
witlidUt a liisl(ir\ oi \\\v wlmlc c.nsf, unuld not al\va\s he iiiU'lliii;il)K- ;
and tlu'X' wnnld hc'conu' known lo l)ut few ])C'rsons ; and l)C'in_L( written
on loose i)a])ei"s. were e\])osed to he mislaid, and soon sink into t«jtal
ol)livion. — r.esides, \-er\ nian\ iin))orlant matters are determined on
motions of \'arious kinds, whtTe no written reasons are rendered,
and so are liahle to l)e tore\er lost.
1 lenee it hecame ohvioiis to every one, that should histories of
important eauses he carefully taken and ])uhlished, in which the
whole process should a])])ear, showing the true grounds and i)rinci-
ples of the decision, it would in time jiroduce a permanent system
of comn^on law. — I'.ut the Court hiin-' amljulatory throui^h the
State, the imderlakint;- would he attended with considerahle expence
and interruption of other Inisiness, without any ])ros])ect of j)rivate
advantai^e : therefore, no j^entleman of the jjrofession seemed willing
to make si) great a sacrifice. — I had entered ui)on this husiness in a
partial manner, for private use; which came to the knowledge of
several gentlemen of distinction. — 1 was urge<l to |)ursue it more
extensively; — and heing ])ersuade(l that an attempt oi the kind
(however im])erfect ) might he made in some degree suhservient
to the great ohject, I compiled the XOlume of Re])orts which is now-
presented to the ])ul)lic. — Could any effort of mine induce govern-
ment to ])rovi(le for the prosecution of so necessary a work hy a
more ahle hand, m\ wishes would he gratified, and my lahour in
accomplishing this, ampl_\- repaid.
In these Reports, I have endeavored to throw the matter into as
small a compass as was consistent with right understanding of the
case; — Therefore, 1 have not stated the i)leadings or arguments
further than was necessary to l)ring up the ])oints relied on, except
some few instances which seemed to recjuire a more length)- detail
of argument. — .\s the work is designed for general use in this
state, I have avoided technical terms and phrases as much as pos-
sihle, that it might he more intelligihle to all classes of men. — Some
cases are reported which are merely local, and ha\e reference to the
])eculiar ])ractice of this state; these may appear unimportant to
readers in other states: hut they were necessary to the great ohject
of the work.
1 am sensihle that this |)ro(luction is introduced to the world
under sircumstances very unfavoral)le to its reputation. — lint, iiow-
ever different I might he, under other circumstances. I feel an honest
confidence in this attempt to advance the common interest of my
fellow-citizens; — and that, so ()l)vious are the difficulties which
occur in almost every stage of the husiness, that to d,etail them in
a preface would he offering an insult to the understanding of my
readers. — The candid and generous, if they read the Reports, will
douhtless find fre(iuent occasion to draw into exercise those ex-
cellent virtues; and as to readers of an ojiposite disposition. T have
neither wishes or fears concerning them. — If anv one should ex-
\jo i.n \ii I'l i:i.i) roiN'n i;i;\i,ii and t.au
])c'rii.'iK\' (lisa^rccaliU- scnsatinns, Ironi tlu' iiu'lcj^anci.' nf ihis pcr-
lornianci.'. k't liiiii rcsi assuml lu' cannni nmrc sincrrcK rci^rct its
laults than I do.""
Ilaxin-;- prrsiK'd Mr. l\irl)\"s "Ivcpdrls ni (^'ascs adjudged in
the Supcridi" Cdiirl, t'riiin the year 1 7S5 tn 17SS."' it aii]~)ears to us
that the <^"ases are trul\- rei)()rlcd.
RiciiARi) Law.
I"j.irii.\i.i:T 1^\i:k.
l\(if.i:iC r^lll-.KM AN.
W'll.l.lAM I'lTKiX.
( )l.l\l'.U I'J.I.SWOK'I'II.
I'ilMlUAl.M KLUi;^'.
]'*])liraim l\irl)y was lioni in I^itchticld in 1756, as ajipcars l)y
tile records of the town, llis Ijirth is also claimed to have been
in the town of Washington, Conn, on the site of the residence of
the late Hon. ( ). II. I Matt. lie was a farmer hoy, but at the age of
nineteen on the arri\al of the news of the llattle of Lexington he
shouldered his musket and marched with the volunteers from Litch-
tield to the scene of conflict and w-as present at the liattle of lUinker
Hill. He remained in the field until inde])endance was won, ex-
cept when (IriA'en from it by severe wounds, fie was in nineteen
battles and skirmishes, among them llrandywine, Monmouth and
Oermantown, where he received thirteen wounds, seven of which
were saber cuts on the head intiicted by a British soldier at German-
town, where Kirljy was left for dead uixm the field. Afr. Kirby
studied law in the office of Reynolds Marvin, h'sq., who had been
King's Attorney before the war. and who was a prominent member
of the bar. In 1787 he received the degree of M. A. from Yale
College. After his admission to the bar. he married Ruth Marvin,
daughter of his ])receptor. Col. l\irh\- took a jjrominent part in the
])olitical matters of the day. and in 1791 was first elected representa-
tive to the Legislature, and was re-elected at thirteen semi-annual
elections, and was several }ears, candidate for the office of governor.
( )n the election of Jefferson to the I'residencN, in iSoi. Col.
Kirby was a])pointed supervisor of the national revenue for the
State of Connecticut. L])on the ac((uisition of Louisiana, the Presi-
dent ap])ointe(l him a judge of the then newh organized territory
(jf .\ew ( )rleans. 1 Ia\ing accepted the station, he set out for \ew
Orleans; but he was not destine<l to reach that jtlace. lla\ing
])roceeded as far as h'ort Sto(l(lard, in the Missiissi])pi territory, he
was taken sick, and died ( )ctober _'d. i(So4, aged forty-seven — at a
])eriod when a wide career of ])ul)lic usefulness seemecl opening
u])on him. His remains were interred with the honors of war and
other demonstrations of respect. Col. Kirby was a man of the
highest moral and well as ])hysical courage — de\dte(I in his feelings
and aspiraticjns — warm, generous and constant in his attachments —
i:i'iii<.\i-\i Kii^m^
tl ISToKlCAI. N<»TI-:S
I7[
and of in(l(iniilal)l(.' energy, lie was. withal, L^XMitle an<l winninj^^
in his manners, kindly in his (lis])()sili(in, and naturally of an ardent
and cheerful teni])eranient, thoui^h the last few years of his life were
saddened 1)\- ]ieav\- j)ecuniary misfortunes. As a lawyer, he was
remarkal)le fur frankness and downright honesty to his clients,
striving- alwavs tt) prevent litii^ation, uniformly allaying irritation
and effectinL;- comi)romises. and only prosccutint;- with ener^-y the
just and i^ood cause, against the had. lie enjoyed the friendship
of manv sages of the Revolution, his corres])ondence with wlutui,
would form interesting materials fur the history of his time.
Col. Kirhv. was a prominent member of the Masonic fraternity.
He was one of the early Masters of St. Paul's Lodge of Litchfield,
and for manv \ears was its secretary. He was a beautiful penman,
as is evidenced by the records of St. Paul's Lodge. He was largely
instrumental in forming the Grand Lodge of the State of Connecti-
cut, ancj was one of its early officials. He was also a prominent
Royal Arch :\Iason, and was a delegate to the convention which
organized the general Grand Chapter of the I'nited States, and
was its first General Grand High Priest. When he left Litchfield
to accept the position of Judge of the territory of Louisana, he
gave to St. Paul's Lodge, Litchfield, his library of miscellaneous
books, which have been carefully i^rescrved by the Lodge as a
memorial of bim, and are now placed in the tii-e])roof building of
the Historial Society.
He also sold his law books to Selb P. Peers and 1 am enabled
to give the conveyance with tbe list of books, which will show the
library of a prominent practising lawyer of a century ago.
List of Law Books sold to Seth P. P.eers by my husband Ephraim
Kirby and delivered to said P>ecrs by me in pursuance of written
directions from my said husband wdiich directions bear the date
of July the 5th A. I). 1804.
W.ls.
\'ols.
P>lackstcines Commentaries
Dunscombs trial i)er pais
Ijeacon Abridgm't
Jacobs Dictionary
Kngiish Statutes
Goddphin on Executots, etc.
Fosters Crown Law
P>ullen Xisi Prius
Powel on .Mortgages
Morgans Essays
Attorneys \'ade Mecum
Comyn's Digest
Cokes Institute 2 Part
Hawkins I'lea of \e Crown
4 I'owel on Devises
2 Woods Instittite
5 Coke on Littleton
1 Woodesons Lectures
(^ liacon on .\ wards
I .\ew York Atty Wade Mecum
I Schifllers Practice
I lUulamiqui on Xat. Law
1 Historical Law Tracts
3 Compleat Attorney
2 Stats. England abridgd
5 Stiles Practical Regr.
"i bjiglish Pleader
2 Clerks Tutor
1/2 I i'i\'ii i"ii;i.!) ^•(l^^•T^• i'.i;\cii and v.wi
\'ols. \'ols,
l-'vory man his own Lawyer i rinwdins Rrpoiis
( )ftic(.' of Juslii-o J \ riitriis Kcpcirls
] )()Uj4lass (111 \\'i!l> I Cartluws Ut^purts
J^aw III l\vi(l(.ncc i 1 loharls l\c'])i)rts
l)aiii;cs C'riniinal Law 3 (."o\\|kis Reports
Statutes oT X'cnnont 1 \irii(ins Kcports
IJontliams Defence of I'snry i \ ese\"s l\e|)oi'ts
Ache on Coum ALirtial i I're I'liaiieerx
I'.eecaria on Crimes i iMiicks Leports
Acts of 1st Session of Con- ILirdwicks l\(.;ports
i^ress r \ au^lian's Reports
Acts of 3(1 Session of 5th Sitlertins lve])orts
Congress i 'J'lios. kavmond Reports
Acts of 1st Session of (Ah Littletons Reports
Coiii^ress T N'elvertons Re])orts
Acts of ist Session of ist l)yer's Reports
C'onj^ress i Moore's Jveports
Saxl)ys Customs i 1 'aimer's Reports
Holts Reports i Jenkins Reports
Strans^ers Reports 2 Fitz^ibbons Re])orts
Burrows Reports 5 Saville's Re])orts
Wilsons Rei)orts 3 Reere \\'illiams Reports 3
W. Rlackstonc Reports 2 Atkins Rei:)orts 3
LJrowns Reports 1 Livins Reports 2
Douglass Reports i Ambles Re]M)rts i
Dainfords Reports i Lord Raymonds Rejiorts
Salkekls Reports 2 Comberbach's Reports
Lutvvyclies Reports i lUilstrode's Reports
Cokes Reports 7 Comyns Rei)orts
Crokes Reports 3 Clii])man's Reports
Kebles Reports 3 Kirb\s J^e])orts
(SijL^ned )
Rl'Tjn' KiKI'.W
•igu0r0
KdC.i:!^ SIII-.K.MAN'.
TTISTOKICAT, XOTl'.S 173
Signers of the Declaration of
Independence.
ROGER SIll'.UM.W.
One of the signers of the Declaration of Independence, was ad-
niittetl to the practice of the law in 1754 by the Litchfield County
Court.
He was born in Newton, Mass., April 19, 1721, and received a
very limited education, and learned the trade of a shoemaker. J lis
father, William Sherman, dying when Roger was twenty years old,
he soon after removed to New Alilford, Connecticut, and lived with
his brother William who had been settled there on a farm for about
three years. The first notice of Roger Sherman on the tow^n records
of New Milford is Feb. 6, 1744. He became a large land owner
and was very prominent in all the town affairs, a deacon in tlie
church, and clerk and treasurer of the Eccl. Society. He and his
brother also had a general store, and he lived very nearly on the site
of the present Town Hall, which in later years has been named
"Roger Sherman Hall." The old store building is said to be still
in existence.
He was a very industrious and studious man. In 1745 the Cen-
eral Assemblv appointed him a County Surveyor of New Haven
County, which then included New Milford; this othce was pecuniari-
ly of more value in those days than it has been in later years, for
one of his surveys he received nearly 84 pounds ; man\- of the i^lans
and maps of his surveys are to be found in the New Milford I, and
Records made by him in his own hand.
Soon after the formation of Litchfield County in 1751 he studied
law, and in 1757, three years after his admission to the bar. he was
appointed County Judge, and a Judge of the Quorum. He was
also a representative to the General Assembly several sessions.^ Re-
moving to New Haven in 1761. he was chosen the Governor's as-
sistant, and also a Judge of the Superior Court, which office he
held twenty-three years.
He was elected a member of the first Continental Congress
which met September 5th, 1774 in New York, and continued a
member of Congress for nineteen >ears. tlie last two being in the
Senate, of which he was a meml)er at the time of his death. July
23. 1703-
174 i.n\iii"ii:i.n cointv i!i:xcii wf) r.\R
As ;i nK'nil)cr of the ContiiK'iUal Coni^ress. lie was one of llie
coniiiiittee to draft tlie Dcelaratioii of linlei^endence, wliieli he sign-
ed on July 4. i77'>.
Thomas jetTerson says of iliis dislintiuishcd statesman. "1 served
\vith him in the old Coiii^ress in the \ears 1775 and 1776. He was
a \ery ahle and loi^ical debater in that body. stead\ in the principles
uf the Revolution, always at the i)ost of dutx. nnich emj)loyed in
the business of the committees, and, i^articnlarly. was of the com-
mittee witli Dr. Franklin, Mr. J. .\danis. Mr. I<ivinq-ston and my-
self fur jJrepariuL:' the I )ec]aralion of Independence. I had a very
great res])ect for him."
John Adams also wrote, "Destitute of all literar\- and scientific
education, luit smdi as he acipiired by his own exertions, he was
one of the most sensible men in the world. The clearest head and
steadiest heart, lie was one of the soundest and stron^vst jiillars
of the Revolution.'"
Chief Justice Ivllsworth said that he made Mr. v^herman the
model of his youth.
The honor and fame of Roger Sherman does not rest entirely
u])i'U bis being a signer of the Declaration of fndependence. In
the early formation of this government, he took an active and im-
])ortant part. He was a member of the Convention which framed
the Consutution of the L'nited States, and it was undoubtedly due
to his wise and sagacious counsel and cool impartial judgment, that
the Convention was held together until the great work was ac-
complished. \'ery many of its ])eculiar ]:)rovisions, which are now
considered so important, originated with him. This compilation
cannot go into the historv of the Convention in detail, but those
wishing further light on the subject of the ])art taken in it by
Roger Shenuan. will do well to consult Hollister's History of Con-
necticut, where it is discussed at length.
A com])etent authority sa}s. that "he is the only man who signed
four im])ortant fundemental documents of our government, viz:
The Articles of Association in 1774 : the Declaration of Independence
in 1776, which he assisted in drafting; the Articles of Confedera-
tion in 177H, and the In-cleral Constitution in 1788.
oi.i\i;r woi.cott.
The other signer of the Declaration of Independence in whom
Litchfield County is interested, was ( )liver W'olcott, who was the
first sheriff of the County u])()n its organization in 1751.
The following taken from Kilbourn's liistor\- of Litchfield is a
pretty concise sketch of this distinguished man.
"The Honorable Oliver W'olcott. son of His Ivxcellency, the
Hon. Roger W'olcott, Governor and Chief Justice of Connc^zticut,
was born in Windsor, December 20, 1726, and was graduated at
Yale College in 1745. In earl\- manhood he commanded a company
GKX. OlI\I-;k W'tilAOTT.
niSTORICAF, XOTKS 1 75
of volunteers in tlic Northern Army, in the war against tlic French.
Having pursued the usual course of medical stu(lies. he established
himself as a physician in (joshen, and was there at the date of the
organization of the County of Litchfield, October, 1751. The
Legislature appointed him llie first High Sheriff of the new County,
and he immediately Un>k up his abode in this village, and con-
linurd to reside here luilil liis decease, a period of forty-six years.
\n 1752 he erected the "W'olcott House" in South street, where dur-
ing the Kevolulionar\- War, King (leorge's leaden statue was melterl
into bullets, to be hred at his own troops.
Willi a ct)mmanding jx'rsonal appearance, dignified manners,
a clear and cultivated intellect, and a character lor integrity far
above the reach of sus[)icion. it is not to be wondered at that he
became a favorite of the peo])le with whom his lot was cast. iJesides
holding the office of SlieritY for over twenty years, he was chosen
a Representative to the Legislature five times between the years
1764 and 1770. incliisi\e ; a member of the Council or Upper House
from 1771 to ^yi^(). Judge of the Court of Probate for the District
of Litchfield from 1772 to 1795; Judge of the Court of Common
Pleas from 1773 to 1786; and member of the Continental Congress
from 1775 to 1784 (except two years). He was one of that memor-
able baufl of patriots and sages who. on the 4th of July, 1776, affixed
their names to the Declaration of rnde])endcncc. In the early part
of the war of the Kevolutioii, Judge W'olcott was commissioned as
a Brigadier (jcneral, and Congress a])pointed him a Commissioner
on Indian Altairs for the X'orthern Department, with General
Schuyler and others. In May, 1779, he was elected by the Legisla-
ture and commissioned bv Governor Trumbull as ^lajor General
of the Militia of Connecticut, to succeed General James W'adsworth,
resigned. In these important and responsible stations, he rendered
the countr\- essential service. On the field, in the camp, at the
rendezvous, in the department of the Commissary of Sup])lies — in
fact, wherever he could render himself useful — he was found, ever
prompt in planning and efficient in executing. .\t the same time
he was an active member of the Committee of Safety ; and, when
at homo, was equally zealous and conspicuous in the local aflairs
of the town — officiating as ^foderator, v^electman. Committeeman,
etc. Indeed, no man in the State, at this period, discharged so many
and varied public duties. A considerable share of the reputation
which Connecticut re(|uired for i)romptness in furnishing men and
means for the army, is due to General W'olcott. Certainly, to no
other individual in the western counties could Governor Truml)ull
or General Washington a])peal for aid, with the certainty of suc-
cess, as to him.
In 1786, he was elected to the office of Lieutenant-Governor
of the State, and was annually re-elected for a period of ten years
In May, 1796. he was chosen Governor, to which distinguished
iy(> 1.1 l\'ll I'l I'.I.D CulNT^- r.l'.NCIl AM) I'.AK
]Hisition he Nvas aL;ain elevated al iIk- annual cUciidn in 1797. lie
was mnv seventy years of a,ne. I lis naturally robust eonstitution
lK\i;an to feci the \\ei,L;lu of care and responsihilily which had been
so lon;^- prrssin^;' uiion it. Jle departed this life at his residence in
Litehtield. I)ceenil)cr 1, 1 797. aged 71 years.
Joel r.arlow, in his i^reat national jioeni. Thr Coliiiiihiad . thus
refers to his zeal and efforts in the cause of Independence;
"I'.i.ld W( )lA'()'r'i' uri;ed the all-important cause.
\\'ith stead\- haml the solemn scene he draws;
Undaunted linnness with his wisdom joined.
\or kin!4S nor worlds could warp his steadlast iniiid."
Governor ( )liver W'olcott was of and had a very distinguished
family, llis son. ( >li\er. Jr.. was Secretary of the Ihiited States
1'rcasiirv under President (k'orge ^\'ashing■lon. and (lOvernor of
this State for ten }ears. Another son. I'^-ederick, was clerk of
County and Superior Courts for years, and the foimdcr of the
A-illage of \\'olcottville, now the business jxirtion of Torrington.
C.^ne of his daughters married lion. William .Mnseley. M. C\. of
] lartford. and miother married hieutenant-(".o\'ernor (ioodrich. of
Jlartford.
His sister. I'rsula \\'olcott, married Ciovernor Matthew Gris-
wold. and was the mother of Ciovernor Roger Griswold. Thus
her father, brother, luishand. son and nephew were all governors
of Connecticut, a fact which cannot jjrobably be said of any other
Jadv Avho has lived in the Slate or the Ihiited States.
THE COUNTY JAIL
The history of the legal matters of the Comty would be in-
eom])lete without a reference to the CoinU\' Jail. This institution
is situated on one of the most jirominent sites in Ijtchtield at the
corner of .\orth and West streets. The original jail was located
on the brow of b'ast Hill, on the exact spot now' occu]Med by the
Center scIkjoI house. At the excavation of the ground for the
cellar for the scliool house some of the originad foundation work
was discovered, and in some of the stone work were foinid staples
and rings indicating that occasionally a i)risoner might have been
chained iii). It is said to have been a crude, but strongly built
structure of hewn logs. Adjoining it a large old-fashioned house
was erected in which the jailer lived and kept a hotel, the prison
being in the rear. This building" appears to ha\-e been bnill in
^/^(k at a cost of about nine hundred jxiunds, sleiling.
II ISToK I CM, \()'l'i:S 177
'Dh' fi'diit i);irt (if tlu' i)r(,>tnl jail was creckil in iSio-ii. at
an fxprnsr of $1 1 ,_'45.7S, and was Iniill of hrick, wliich wfi'f ni;i(ic
of cla\' (him on ilu' road hftwcin Toirin^lon and Ijlclitk-ld. just
cast of "Sc'xniour's meadow." Tin- liriiks wcw \-fry liard and
Imildcrs liavc said thai it was nmch easier to di^ tliron;^ii {\\c
i;ranite foinidations than tln"onL;h the l)rick.
A wooden hnildiiii;- for a kitchen was afterw-arcls added on
the nortliern side, and the i)reseni arran^enieni of cells in tlu;
middle l)tiil<hn^- was made al)onl sixty years a.L^o.
In i.*^*).:,, tlie accommoilations not ])ro\in^ ade(|natc. a county
meetini;- was held and an addition ordered to be constructed on
the west end of the original huildini^', which was di'me at a cost
of about $25.ooo.()ci. 'I'he old part liad cells for seventeen inmates
and this addition provided cell room for twenly-ei^iu. with cashes
for five more, with washroom, bathroom and other needed ac-
commodations. It is now heated by steam and fiuMiisheci with
cit\- water, and is li^lUed with ;^as from its own ]>rivate ])lant.
In the earl\- da\ s the keejjin.^- of the i>risoners was let out to
the liii^hest bidder and the kee])er (now called the jailer) made
what be could out of the ]>rison work and als(j kei)t a hotel in
the buildini.;". This s\stem ])revailed until about iK<')5. when the
sheriiif, as one of the ])rero^ati\-es of his ollice took possession and
ran the institution himself. The price allowed for board of i)ris-
t)ners has xaried : at the ])resent time it bein^' $2.25 per week. ])aid
by the State.
( )ne of the lar^e rooms in the third stor\- was used as a ])ul)lic
liall. Tlu- Masons and other societies used it for their meetings
and at other limes it was used as a schoolroom. The comjjiler of
these sketches has attended school tiiere.
A larjLj-e workshop i> located in the second story of the new i)art.
in which man\- of the ])risoners are employed canini;- chair seats,
mainifacturin/ brooms, and such otlier em])loyments as is allowed
li> prison labor.
.\ larii^e elm tree, seen in the cut at the southeast corner of the
tail \ard. is known as the " W hii)pim; i)ost elm." on which formerly
jirisoners were i)ublicl\- whipped: the last wliip])iui;- occurred about
seventx-five \ears a^o.
Kaut i'clinnl
THE LITCHFIELD
LAW SCHOOL
CATALOGUE
OF
SCHOLARS
INTERESTING MEMORANDA
r.AW sciioor.
i8i
THE LITCHFIELD LAW SCHOOL.
The follow ini;- article appeared ori.^inally in tlie l""ei)niary
(1901) iiuniher n[ The Law Xolcs, pul)lishe(l by Tlie^ Kdwarrl
Thomson L\)., of Xurthporl. 1<. I. It was written l)y Cliarles C.
Moore, Esq., a native of W ineliesler, and a former memlx^r of
this bar, now one of the e(Htors of the American and Knglisli
I-^ncyclopecha of Law, pubhshed l»y the above-named company.
'J'he'article has been sHgbtly abrid,<;e(l for this work. In its prepar-
ation Mr. Moore was largely aided l)y the late Chief Jnstice Charles
]:. .Andrews :
"One who looks through the records of the town meetings of
Titchfield from 17^)5 to 1775 will lind that there were discussions
on the Stanij) Act, the J'.oston Tort r.ill, and other acts of Parlia-
mentarv aggression, as clear and well dehned as the debates in
that town meeting where Samuel Adams and Harrison Cray Otis
were the i)rinci])al s]>cakers. The child Libert} would not have
been born in the I'.oston town meeting had not tlie TJtchfield town
meeting and other like town meetings thrt)ughout the colonies
I,<repared the atmos]ihere in which alone that child could breathe.
Litchfield was the principal station on the highway from J fart-
ford to the Hudson; and a depot for military stores, a workshop,
and a provision storehouse for the Continental Army were there
established during the Re\olution. Many distinguished royalist
prisoners were sent there, and a military atmosphere pervaded
the place. Ceneral Washington was a frequent visitor, and so
were other general oMicers of the American forces, including
Lafayette, who, when he visited the I'nited States in 1824, went
to Litchfield to renew old memories with some of his fornier
comrades in arms. The leaden statue of King George the Third
which stood on the Lattery in Xew York was conveyed to Litch-
field, and in an orchard in the rear of the Wolcott house it w^as
melted inti> bullets for the patriot army. All through the struggle
with the mother country Litchfield was a hotbed of i)atriotism, and
^vhen the first law school in America commenced its regnlar sys-
tematic course of instruction there in 1784, the ambitious village
had among its citizens numerous men of exceptional intelligence
and culture. One of them was Andrew Adams, who had been a
member of the Continental Congress and was afterward a jndge
of the Supreme Court. Oliver Wolcott was there. He also had
been a member of the Congress, had signed the iJeclaration of In-
dependence, and was afterward Governor of the State. Ephraim
Kirby, who a few years later published the first volume of law
rci)ort5 ever published in America, Major Seymour, who had com-
manded a re-iuient at the surrender of Burgoync : L.enjamin Tall-
l82 i.n\ii i'ii;i.i) (.'oiNTN r.i'.Mii and i;.\k
niadi^v. i)(.'rli;ii)S the most iintcd cu-alry coiuniaiKkr nf iIk' Kcvulu-
tion ; Julius I )(.miuu<;'. a vrrx' i)r( Miiiucut ami succcsstul nici-chaut
juid tinauoier, and niau\ (iUkts of like charaoler w rre residing;' in
ilk' town. Inii> this coniinunil\ in the \ car 177<^ came Tappiuij;'
l\cc\c. a MuniL;' la\\\cr iu>-t admitted to the har, to settle in
the practici.' of his profession. Horn in Southold, 1 .onjj;' Island,
in 1744. the son of Kcv. Ahner Keeve. a I'rcshyterian clcrj^yman,
lie was .graduated at Princeton College in 1763. and was immediately
appointed teacher in a grammar school in connection with the
c<>llei;"e. In that station and as a tutor in the colle.^'e itself he
]-assed seven wars, lie then came to Connecticut to study law,
entering- the ollice of judi^v Root, who was then a practicing
lawver in llartford. and some \ears later a juds^e of the Su]ireme
Corn"!, l-'rom llartford he came to Litchfield. J le had just i>re-
viousl\- married Sall\- I'-urr. daughter of President lUuT of Prince-
ton, and sister of Aaron P>nrr. I'ntil the conclusion of the Revo-
lutionary War there was hut ver\ little ci\il business done in the
county at Litchfield, and Ah". Keeve hetook himself to giving in-
struction to \()ung gentlemen who looked forward to the legal
])r()fession for su])port and advancement when quieter times should
come. This employment tended greatly to enlarge and improve
liis stock of legal learning, and led the way for him to begin in
1784 a systematic course of instruction in the law and to regular
classes. The Law School dates from that year, it continued in
successful o])eration and with annual graduating classes until 1833.
The catalogue contains the names of one thousand and fifteen
young men who were prepared for the bar subsecpient to^he year
1798, most of whom were admitted to the ])ractice in the court at
Litchfield. 'J'he list of students ])rior to that date is imperfect,
but there are known to have been at least two hundre<l and ten.
Tvlore than two-thirds of the students registered from states other
than Connecticut. Maine sent four. Xew Llampshire fifteen, A'er-
mont tvvc!nty-se\en, Massachusetts ninet\ -four, Uhode Island
twenty-two. .\ew ^'ork one hundred and t went \- four. New jersey
elc\-en. Pennsyl\-vania thirty, Delaware eigliteen, Mar\land thirty-
nine, N'irginia twenty-one, Xorth Carolina twcntx, vSouth Caro-
lina forty-five, (k'orgia sixty-nine, ( )hio four, Indiana, Mississippi
and Tennessee each one, Kentnck\ nine, .\labama three, and Lonisi-
ana seven. 'J'here were four from tlu' District of Columbia and
one from Calcutta. The greatest number wh;> entered in any
single year was fifty-four in 1813.
" Lawvcrs now li\-ing in the orii^inal stales will recogni/.e the
names of man\- men cons])icnous in the juridical annals of their
state. .Aaron Purr stmlied law at IJtchtield. John C. (.'rdhonn
entered the Law School in 1S03; onl\- a lew rods fr(Hn the school
buildiuL; was the house w liei\' Marriel Peechei^ Stowe was born
ill iXii. and 1 p-mw W'anl P.c-echer in iSi^; ;iii(l ;i '-hort hour's
I. AW SriKKil. '•'^.^
walk w'oiiM Iiavc Ijnni-lit llir XdUii.^ SniUluTurr \n tlir spot where
Idliii I'.idwii was l)i>rn in i Soo. in the adjoiiiin- lowii nf '1 orrinj^ton.
Two i»l' the j^Taduales heeanie iu(li;es of ihe Sui)renie Court of the
liiiled States — I leiirv Baldwin and Levi WOodhurv : fifteen I'nited
States Senators, lift) nieniliers ol t'on^re--, li\-e niemhers ol the
I'nited Stales Caliinet. ten ^overnnrs ol slates, furly-fonr jnd-es
of state and inferior I'niled Slates eonrls, and 'even forc'i.^n minis-
ters, (k'or-ia is especially well represented, .\moni;- the names of
indices of tliat State we iMiict' h"n.i;eniiis .\. Xeshit, who wrote
"the elci^-ant disserlalion in Mitehnm :'. State, ii Ca. ^15, on the
]>rivile,Li'e and (hit\- of counsel in ar.^nin^' a case Id a jnry, in cnii-
nectiim with the jirnper liinitalii)ns of the freedom ol dehale — an
opinion copied almost \'erhalim in 'i'ncker r. I lenniker. 41 .\. 11.
^17, with an omission of cpiolation marks so sini^ular and tla.^-rant
as to have occasioned comment hy the profession
" 'I'lie course of instruction was comi>leled in fourteen months.
inclndiuL;- two vacations of four weeks each, one in the sprin.u;.
the other in the autumn. Xo student could enter for a shorter
j.eriod ihan three months. The terms of in.-tructii n were (in 1828)
Sioo for the first \ear and $()0 for the second. i)ayal)le either in
advance or at the end of the year.
•• In the lihrarv for the !,aw School at Vale University may be
found several houn.d volumes of manuscript which a]:)parently con-
tain the entire lectures of jud,i;e i\eeve. They are in the hand-
writing;- of his son, Aaron lUu'r i\ee\e. lUit U'ari^inal reference
interlineations in his own hand make it certain that these volumes
have all heen revised l\v Judi^e Reeve himself. The tradition is that
they are the manuscripts which he used in his lectures duriui;- the
lasl \-ears that he tau.^ht. .\n inspection of these volumes shows
that the course of instruction s^'iven at the Litchfield Law School
covered the entire hodv of the law. They speak of the law gener-
allv — in reference to the sources whence it is derived, as customs
and statutes, with the rules for the application and interpretation of
each. Then follows Real Estate. Rit^^hts of Rersons, Riszhts of
Things. Contracts. Torts, Evidence. T'leading. Crimes, and j{,rpiity.
And each of these general subjects is treated under various sub-
sidiarv topics, so as to make the matter intelligible and afford the
student a correct and adequate i<lea of, and basis for, the work he
\\\\\ be called upon to perform in the practice of his profession.
Judge Reeve conducted the school alone until 17(^8. when, having
been elected a judge of the Supreme Court, he associated James
Gould with him. They had the joint care ^^i the sch(^ol until
1820. when Judge Reeve withdrew. .Mr. Could continued the
classes until 1833. being asissted during the last year by Jabcz
W. Huntington. Judge Reeve remained on the bench until he
reached the limit of seventy years in 1815. The last i)art of the
term he was chief justice, lie died in 1823. in the eightieth year
184 i.n\ iii-iKi.i) coiNTv r,i:\i,ii AM) r.Au
of his life. He K'fi an only child. Aaron lUnr. who graduated
at Vale in 1802. .\ar<in I'.urr i\cc'\o married AiniahcUc Shcddcn,
of Richmond. \a.. in 1808. He died in i8o(j. He left an only child,
'i\ipi)ini;- I'nrr I\eeve, who oradnated at \:\\v. hnt died nnmarried
in 1821;. and thus the family heeame extinct. Mr. donld became
a judi^e of the Sui)reme I'ourt of C'unneclicul, and was the anlhor
of the celebrated work nn I'leadini;-. lie died al l.ilchlield in 1838.
The course of in.strnetion at the sclirol must have been incom-
parably more exhaustive than would be possible at the i)resent day,
tor the obvious reason that there was so nuicb less to Icaru. In
1784 there were no printed rejjorts of decisious of any court in
ibc I'niled States. Substantially the entire body of the law was
to be found in the J{nL;iish reports. It is said that Jud.ne (Vmld
had svstematically dii^ested for his students " every ancient and
modern oi)inion, whether o\erruled, doubted, or in any wa_\- (piali-
t^ed."' lUu vast bodies of law of which the mo Icrn student nuist
learn sometbini;- were unkn(jwn to the curricidum of the Ivitchfield
I.^aw School, and many i)rinciples latent in the common law were
just be_c:innino- to be (le\elo])ed. Lord Mansfield resii;'ned his
oHicc of Chief ju.'Jtice in 1788, after presiding in the King's I>cnch
over thirtv rears. Trior to his time the greatest uncertainty had
prevailed on questions of commercial law. " Mercantile questions
were so ignorantly treated when they came into Westminster Hall,"
says Lord Campbell in his Lives of the Chief Justices. •' that they
were usually settled by private arbitration among the merchants
themselves." There were no treatises on the subject and teu' cases
in the books of re])orts. Thus in llelyn :'. Adamson, :; Ibnr. ()99,
decided in 1738. it was lirst distinctly ruled that the second in-
dorser of an inland bill of exchange was entitled to recover from the
])rior indorser upon failure of ])avment by the drawee, without mak-
ing any demand on or inrjuiry after the drawer. In 1770 it was held
that the indorser of a bill of exchange is discharged if he re-
ceives no notice of a refusal to acce])t b\- the drawee. (lilesard v.
Hirst. 5 r.urr. 2670.) And not until i78f). in Tindal zk I'rown,
T Term l\e]>. 167. was it finally determined that what is re.ison-
able notice to an indorser of non-i)ayment by the maker of a
])romissory note, or acceptor of a bill of e.xchange. is a (|uestion
of law and not of fact. Of course there was vo .\merican con-
stitutional law wlu-u the school was founded, iliougb some of the
states had alread\ adopted constitutions. The first book on cor-
l>oration law was that of Kyd. ])ublished in Loudon in 1793, but
it was chiefly made up of authorities and precedents relainig to
munici])al corporations; and \\'illcock on Corporations, also an
J%nglish treatise was still more limited in its i)lan. There was no
American text-book on cor])orations until the first edition of .'\iigcll
and .\mes was published in 1831. At that lime the need of such
a book had become \-er\ urgent, but in tlu' earl\ \ears of the Litcli-
/fp-^ ''^'
■^ A
Jl'DCl", J AMI'S c.ori.o
KrKUi a Crax'on nrnv owned 1)\' lion. A. T. l\iiral)acl
LAW S( iiDor, i!^5
ik'Id Law Scliddl tluTi.' must have l)c'fn extremely few private
business c<>r])()ratiiiiis in tins conntry. Xot until Louisville, etc.,
R Co. 7'. Letson. _' llinv. (f. S. ) 4<;7, decide-l in 1S44. did cor-
porations become competent to sue and he sued as "citizens" of a
State, rc,c:ardless of the citizenshi]) of llie corporators. A "fellow
servant" was a total stran.s^cr in lei^al nonunclature : I'riestly v.
Fowler, 3 M. \- W. 1. was decideil in 1 S37 ; Murray v. Railroad
Co., I McMull. ( S. Car.) 3<S5, in 1X41: and Farwell v. Railroad
Co., 4 Met. (Mass.) 49, in 1842. The term "contributory neo-li-
g-ence" had not been coined: lUitterfield %'. Forrester, 11 Fast 60,
was decided in 1809; Davies 7'. Mann, 10 M. \- W. 54^), in 1842,
and the phrase is not used in either case. Ci\il actions lor dam-
ages for death 1)\ wrongful act were not maintainable. 'I'he law
of insurance was virtually the creation of Lord Mansfield, ijut the
volume of insurance law was comparatively insi,i>-nificant for several
decades. ( hi the other hand, there Avas an abiuidance of real estate
law and of law concernin.Gf executf)rs and administrators and trustees
generally. In those da_\s the executor dc sou tort was uK.re in
evidence than at ]:)resent, although even now he has so much vitality
in some jurisdictions that it would not lie wise for the practioner
to characterize him as judge Lmnpkin did in Shotwell 7'. Rowell,
30 Ga. 559, "dc sou fiddlestick !" and cry, "Away with him !" The
princijiles of equit\ iin-is])ru(lence had secured a firm footing, and
at this day they are administered in the Federal courts as they
Avere expounded in the High Court of Chancery in England when
the Constitution was adopted in 1789. Judge Gould was a niaster
of the common-law s}-stem of pleading, which was extolled by some
of its eulogists as the perfection of human reason. During the
period of the Law School the noble science of pleading became
ijurdened with so many refinements and fictions that it fell into
disrepute : the celebrated Rules of Hilary Term were adopted in
1834, and we have since substituted very generally for the techni-
calities of the common-law system what we term a plain and con-
cise statement of causes of action and of defenses, administering
law and equity in one suit, and sometimes peradventure evolving
a judgment as incongruous as the one examined in Bennett 7'. But-
terworth,, 11 How. (U. S. ) 669, or exhibiting the chaos of plead-
ings and proceedings tabulated by the reporter in Randon z'. Toby,
IT How. ( L'. S. ) 493. Speaking of the reformed procedure, how
many lawyers are aware that the chief merit of the Code system was
recognized and recommended for adoption by the precep_^or of
Judge Reeve, founder of the Litchfield Law School? The first
volume of Root's Connecticut Reports was published in 1798. The
reporter was Jesse Root, afterward, as above stated, a judge of
the Supreme Court, with whom 'i'apping Reeve had studied law
in Hartford. We will close with a cjuotation from the introduction
to that V(jlume : "Are not the courts of chancerv in this State
i86 i.iTi'iiFiKi.n corxTv iiKxrii and \\.\r
borrinvod from a foreign jurisdiclidn. wliicli grew out of [he. ig"no-
ranco and barbarism of the la\v-jiidi;es at a eertain period in that
country from whence borrowed? And w'ouhl it not be as safe for
the people to invest the courts of law with the power of deciding
all (piestions and of giving" relief in all cases according to the rules
established in chancery, as it is to trust those same judges as chan-
cellors to di) it? Those rules might he considered as a part of
the law. and the remedy be made much more concise and effectual.
Further, would iiot this remedy great inconveniences and save much
expense to suitors, who are frequently turned round at law to seek
a remedy in chancer}-, and as often tinmed round in chancery be-
cause tliev ha\e adeijuale remed}' at law? These are serious
tvils and ought not to he permitted to exist in the jurisprudence of
a country famed for liberty and justice, and whicli can be remedied
only by the interposition of the legislature.' "
TTTK TJTC'IIFIIU.D LAW SCTIOOT.
At the annual dinner of the Story Association, of Cambridge
Law v^chool (Mass.) in 1851, the following' reference was made
to the Litchfield Law School:
Judge Kent gave the sentiment:
" The first-born of the law schools of this country — the Litch-
field Law School. The Loston Bar exhibits its rich and npened
fruits. r>y them we may judg'e of the tree and declare it g"(X)d."
Hon. Charles G. Loring. of the class of 1813, re])onded :
" I do not remember." he said. " to have ever been more forcibly
reminded of my xDunger days, than when looking around on mv
young friends in the midst of whom I stand. U recalls the time
when L too. was a student among numerous fellow students. It
will, probably, be news to them and many others here, that thirty-
eight years ag'o, which to many here seems a remote antiquity, there
existed an extensive law school in the State of C'onnecticut, at which
more than sixty students from all parts of the country were as-
sembled — every State then in the L'nion. being there repre-
sented, f joined it in 1S13, when it was at its -/enith. and the only
prominent establishment of the kind in the land.
"The recollection is as fresh as the e\ents of \esterday, (tf oiu'
passing along" the broad shaded streets of one of the most l>eauti-
ful of the villages of Xew I'jigland. with our inkstands in our
liands, and our ])ortfolios inider om- arms, to the lecture room of
Judge Gould — the last of the ivomans, of Common Law [sawyers;
the impersonation of its spirit and genius. It was. indeed, in his
eyes, the perfection of human reason, by which he measured every
I rinciple and rule of action, and almost e\er\- sentiment.
l.AW S('ll(i(il. 187
"Win. sirs, liis liij^ia'sl visiDiis of itnclry scjiiicd to he in the
rcfiiKincni of s])ccial ])k'a(Iini;> : ami to liini a iiaii scijuilcr in loj^'ic
was an olfinsc dcstTvinm', at tlic liast, tiiir and iinprisonnifiil. and
a rc'pciitioii of it, transportation for life-. Mr \\a'^ an admirable
i"*,ni;"lisli scholar: e\-er\ word was i)ure hji^lisli, iniiUtiU-d and every
sentence fell from lii> lill^ ]ierfecll\ linislu-d. as cK'ai", trans] )arcnt
and ])enetratinL; a.s Iil^Iu. and e\er\ rule and i)rinci])le ;is exactly
defined and limited aN llu' outlint' of a huildiuL; a.^ainst the sky.
I'rom him we ohtained clear, well-detined and accurate kncnvled^^c
of the Common Law. and learned that alle.^iance to it was the
chief duty of man, and the power of enforcing il njxm others, his
lii^hest ;ittainment. Prom his lecture room we i)assed to that of
the \enerahle jud^e l\ee\e, shaded 1)\ an a.^cd elm, fit emblem oi
iiimself. Me was, indeed, a most venerable man, in character and
a])])earance. his thick, L;ra\ hair ])arted and falliui^ in ])rofusion upon
his shoulders, his \oice onl\- a loud whisper, hut distinctly Iieard
l)y his earnestly, attentive ])upils.
"He. too. was full of le^al learning-, Init invested the law wiUi
all the jrenial enthusiasm and ,q;enerous feelins^s and no1)le sentiments
of a lar.^e heart at the ai^e of ei^i^hty, and descanted to us with a
glovvinjj^ el<)(|uence u])on the sacredness and majesty of the law.
He was distint^uished. sirs, by that appreciation (jf the ij^entlcr sex
which never fails to mark the true man, and his teachini^s of the
law in reference to their rit^hts and the domestic relations, had
great influence in elevating and refining the sentiments of the young
men who were ])rivileged to hear him. .As illustrative of his feel-
ing's and manner upon this subject, allow me to give a sjv^cnnen.
ile was discussing the legal relations of married women; he never
called them, however, b\' so inexi)ressiblc a name, but always si)oke
of them as 'the better half of mankind," or in some equally just
manner. When he came to the axiom that 'a married W'Oman
has no will of her own.' this, he said was a maxim of great the-
oretical im])ortance for the preservation of the sex, against the
undue influence or coercion of the husband; but although it was
an iiiHexible maxim, in theory, experience taught us that practically
it was found that the\- sometimes had wills of their ow!i — most
happiix for iis.
" We left his lecture room. sirs, the very knight erranls ^'\ the
law burning to be the defenders of the riglit and the .avengers of
the wrong; and he is no true son of the Litchfield school \\dio has
ever forgotten tiiat lesson.
"I ])ropose, sirs, the memories of Judge Reeve and Judg'e Gould
■ — among the first, if not the first founders of a National Law-
School in the I'uited States — who have laid one ^^i the corner stones
in the foundation of true American ])atriotism. loyalty to tht^ law."
i88 i.nxii i"ii;i,i) (."ofXTv in'.xcii and i-.ar
TI11<: FOM.oW IXC. IS A C* )l'^' Ol' A STIDI'.XT'S LETTER.
Litcbficltl. ( )ct(.l>ci- jSth, 18,^0.
Dkar FriKnd: —
Havinj;' received vour letter just as 1 was mi the wint;' tor this
place. I was unahle to answer it then: hut a\-ail myself of these
first moments of calm after the hustle and confusion incidcii*^ to the
settling- down into m\- nest, to turn my thou.qiils to that l^rood in
which I foimd myself when my eyes were first opened to lc\^al /;",q7^^
and when I first inhaled the lei;al atmosphere which from its misti-
ness gives to those who hreath it, (at least so I presume) the well
known name of f'cf/y A\C-'^ (you will perceive an analogy m the
derivation of this word to that of litciis a non lucciido, or Pared a
non parcendo) i!c from which like yourself T have ahscondcd, heing
now hig enough to take care of myself.
Really, Xed. since my arrival I have heen as husy as a hen
with one chick — I have heen ohliged to furnish m\- rooin, with
whatever T need, from the bellows to the lani]) wick. We' are
obliged to lioard Jicrc, at one house and lodge at another. They
give you a room, with bed and bestead, et tout ca, at the rate of
one dollar a week you furnish }our wood, your servant, car[)ct if
}ou don't wish to go without, lamps, oil, &c., &c.
\o\\ see k hear no more of the family than if you were the sole
occu])ant of the ])remises.
Upon vour return from l)reakfast your room is swept, bed made,
things set to rights, as if done b\- magic, you never see now. I
have a fine room at Parson Jones', who is very obliging and would
be more so if able, and I board at Mrs. Reeve's, a very agreeal)le,
])leasant, old lady. We pay her, T believe two dollars and a h.alf a
week. ( )ur board and lodging and contingencies will run us up to
about fi\e dollars a week, which T think is pretty well on to the
brogue for a country town. And this is independent of the lectures,
judge Cjould is so much overcome with his late family bereave-
ment that he is unable to lecture himself. 1 lis son. ho\,ever.
delivers them in his stead. As far as T can judge they will be very
valuable, independent of their intrinsic merit : 1 will be obliged to
write up at least three reams of finel\' ruled fo olcap. The lecture
lasts for an hour and a f|uarter each da\ . examinations once a week.
Litchfield appears to l:)e a very pretty place, and 1 think \ sha'l like
it well. T attended an evening- or two ago an exhibition of the
young ladies* seminarv at this place of which \<>u s])eak in your
letter. There were se\'eral \cy\ liaiidsome and iiitei'esting" young
demoiselles. The court room in wliieli it was li -Id was excessively
crowded and two or three fainted, one young lady upon receiving
her ])remium. .\t one end of the room men. bo\s .and girls were
all hea])ed up together, and e\er and ;inon. \i)u would hear some
LAW SCHOor, lS(;
sturd)- 1)11111 rcsouiidinj:^- ai^ainst the t1()(»r. its luckless owner Jiaviiii^
incautioiisl) ])uslie(l it out beyoiifl the line of e(|uilibrium.
I uudcM-stand from .Mrs. I\ee\e that all the niarriaj^eablc younj^
ladies lia\'e been luarrii'd off, and that lluir is at present nothint^
but youiij.;- Ir\ in town. consi,'(|uenlly thai it will not be as j^ay as
usual. The \tiuni;" ladies, slu' tells iiu'. all marry law students, Init
as it will lake two or thix'e \eai-s for the youn*:;' crop to pccorne
fit tor ilk' liar\est, you nee(l a|)pixlK-iid no (lan,:L;er of ui\ th"'o\vin|L^
up my baehelorshi]).
The road from rou.L^hkei'])sie here is. I think-, the most tedious
T e\-er travelled, }()u see uothiuj;- but rocks and .'^tones. Consider-
ing- the roui^hness of the country and the scarcity of laud 1 am not
at all surprised the \ankays (le])end for their livlihoofl u]X)n their
Ti'ifs. I wish I had it in my ])ower to exercise a watchful care over
]). as \ou ha\e enjoined me. " .\h me! forsooth, he is a sorrv
weight. Ills |)a I suspect is atraid of some siui^iilar iiianrurvrc
on his ])ai-l and dare not trust him from his ])aternal e\e. Me did
not accompau}- me, as in all ])robability you know, but \ do not yet
despair of his comin,^-. In such expectation 1 shall not write him.
for I think it very ])ossible he may arrive this e\-enini;-, if so lie
shall write you a 1'. S. He and his father had not fully considered
the subject when I left.
It is s^rowinj.;- dark and I must ccjuclude before tea (for I ex-
pect this evening- to be \er\ busy co]\\-ing- notes) and this 1 cannot
cio. without assuring- }-ou that it will give me the greatest pleasure
to see you here. T have a double bed. I will give you half, and
as long as Coont. is the land of cakes }-ou will not starve. The
excursion will, no doubt, be agreealile and a(l\-antageous to your
liealth. ^'ou can come b\- the way of Xew Haven ov Poughkecpsie.
When you write to the ollice remember me to ilu-m and to all entpiir-
ing friends.
Direct. Lilchticld, Count.
The following extracts from a letter written by Augustus Hand,
while a student at the law school, will further illustrate the conduct
of the institution :
IJtchheld, Jan. 30th, 1829.
'■ '\\y Di'AK F A'l'iii-K :-
'■'' '''' " Let me tell you how- T s]XMid my time. T rise between
7 and 8, make a fire and scrub for breakfast, from thence to lecture,
where 1 remain until between 10 antl 11. Thence tt) my room and
copy lectures till 5 p. m. ( Save dinner time at i ]). m. ) thence to
( ). S. Scwmour's otllce with whom ] read law until half past Q p. in.,
then again to my room, write till between T2 and i o'clock, then
draw on my night-cai) and turn in." TCxception — Monday we
spend from (> to i; in the Law School Debating Societv. over "uhich
190 l.ll'l'll l'li:i.l) COINTN I'.KNC'll AM) r.Al^
I have tlif honor — I never l)ra.!4). hriday at 3 |». ni. allend an extra
lecture on criminal law. and also hear an ar_s4Uinent in the " Moot
Court '" and decision 1)\ the jud^e. ( )n Saturday at J p. ni. a.ltend
a severe three liours examination on tlie studies of the week by
Jabez \\ . 1 luntinu;1on, h"s(|. Aside from these exceptions the first
day is a correct specimen. As to the lectures and their utility T
\vill refer you to tlie ])reface of the cataloi;'ue mailed with tliis. I
can only say tliat their dailx' i)ractical use to a lawyer can only lie
appreciated h\ those who lune enjoxed them. Without any doubt,
tbev .iLiive the sa.me talent — a ])owerful sui)eriority. TIk whole
is com])rised in between 2500 and 3000 pai^es. ( )f these I have
written about 1200 and 1300 and should I remain here till May
and enjoy my ]iresent excellent health there will be no (lilliculty in
copvint;- the whole, havinji" access to Seymour's volumes (for what
I do not take in the ollice), who has attended two courses and has
them complete. 'J'h.is is. howe\er, business between ourselves for
these lectures are seciu-ed to the |udi;e. beinj;- the labor of his life
in the same manner as a patent ri^hl. So we talk less and write
faster. This Seymom- with whom 1 study is the son of the sheriff
of the county, nephew of our State Senator, a graduate of Ynle,
a bachelor of 26 or 2'/. of most sterling' mind and manners, w.th a
brain com])letely identified with the study of the law in its most
theoretical and scientific ])art. From a natural weakne-ss of the
eves he does not allow himself to sttuly evenins^s and therefore
invited me to read to him. This offer, knowiuiif his fame, &C.. I
readilv accepted, his otlice being" next door but one to mine, and he
being altog'ether such a man as "studies learning" to use it." We
take u]) the title in a lecture and ])rog"ress with it till it is finished,
reading- (about) between ten and twenty i)ages an evening', lie
giving- me a thorough insight into it as we i)roceed — allowing \vc-
without reserve, to tease Ifnn with as many (piestions as I please
and now and then reading a report of some cases adapted to the
Sfibject. Hefore the lesson he exann"nes me in the ijreceding- lesson
from memory. ''' '■' '■■■ The law here is a study. There are one
or two lawvcrs in the \icinit\ who make 4 or 5000 dollars a vear.
1 pass every day b\ the door of one worth about $150,000.00. alxnit
one-half of which he made in law. This "Huntington" who ex-
amines is a bachelor rather above forty who studies, thinks and talks
law sleeping and waking'. I le never " ])ettifog'g-s." but j^leads in
the higher courts and writes oi)inions for other lawyers in every
section of the countr\ . lie will sometimes become so animated in
discussin.g a (piestion which arises on the examination, that he can
hardly keep his seat. I'Viday. the iith inst.. it came mv turn ior
the sceond time to come on to the " Moot Court." A short ti'-:ic
after my admission my name came on o])pose(l to .Mr. I lalsted. of
\. J. (in alphabetical order), who was an old student. 1 tried to
cross the Kubicon but like a poor, stuck-in-the-nuul I could not ford.
T,.\\V S(llf)()I< 191
J-'rimiitt'iud Mill "I" iii.\ wits, sum niiKktl 1)\ .'i liurary i(><^ in I'v.'
iiii<Ist <>f nn " niilhiiiL;-,"' I (inntcd t'roiii an auliKir (Swil'l) w'i^!:
wlioni till' Jnd.m' liail a piTsonal (|uarrcl. this with bcin.i^ on ll;c
wroiijL,' side i)f the (|ucsli(>n lircd )nr. This time I rrs(jlvc(l lo re-
liicvo. A most intricate ((ucstion on llie docirinc of relation and
est()])i)el was handed M. I'.rown of X. J. and ni\>tlf l)y Scj. San-
ford of this jilace. 'I'he next day we had a \ery learned decision
luckiK in my tavor. '■' '''' *
\<'uv affectionate son,
AlCrSTlS I JAM)
Tiih: LAW scMioor, i5riLni.\(^,vS.
The i)ictuhe of the Reeves Law vSchool buildinj^ ai)pended here,
shows it as now ( 1908) appears after the restoration as far as
possible to its orii^inal condition. The Litchfield correspondent r>i
the lVaterb\ir\ .hiicricaii describes the situation as follows:
Litchfield. Xov. ]y — Tapping- Reeve, the founder of the Litchfield
Law Schcxvl, famous as having been the first law sch(K)l in tiio
LInited States, was the son of a TresbNterian minister and was born
on the South side of Long- Island. He was educated at Princeton.
where he graduated in i7f>3, at the age of 17 years. For seven
}ears he remained as a tutor at Trincetou. then came to Connecticut
and i)racticed law in the office of Jndge Root of Hartford and as
soon as he was admitted to the bar he settled in Litchfiekl alx>ut
1772. lie had j^reviouslv married Sail}' Burr, daughter of Presi-
dent I'.urr of I'rinceton College, and sister of Aaron liurr, who
studied in the school, and who was a frequent visitor in his family.
In 1782, the number of students who wished to study in Reeve's
office had become so large, that he built the small house shown
in the ])icture, in the corner of his yard, on South Street, the place
now owned bv Charles II. Woodruff of Xew ^'ork and Litchfield.
To this school came students from all ])arts of the country, many
of the men wdio gained renown in the i:)ractice of law and in other
professions, being graduates of this school.
judge Reeve continued to use this building until his death, and
in 1X46 the building was sold to 1 lenry \\'ar(l, who purchased a lot
of land on the brow of \\'est Mill and placed the building there,
fitting it up as a small house. In 1886 the i)ro])erty was bought by
Mrs. Mary C. Daniels and her son. Prof. Charles F. Daniels of
New York, who made it their summer home for many years. Prof.
Daniels died a few years before his mother and upon Mrs. Daniel's
death it became necessary to sell the ])roperty.
D. C. Kilbourn began ])lanning to have the old building pre-
served, and to that end a conimittee was apponted by the Litchfield
County Bar, with ^W. Killx>urn as chairman. He went Ix^fore the
Legislature at its session of 1907 with the proposition that the state
192 i.riH'ii I'li'.i.i) ^■()^■^■|■^■ i;i;ni,ii and I'.ar
lni\- il anil keep it as slate i)n)])crly. This proposal was, however,
U'jcctcil. Thereupon the cxcciUor was oblii^ed to sell the ])lacc at
aucti<"n. and Mr. Killu>urn bought il for about $2,700. He ini-
niC(lialol\- bcj^an rcstorint;- the old i)art and to do this he had the
orii^inal law school buildin;^- detached I'rom iho additions which had
been put on b\' Mr. and Mrs. J)aniels.
The buildiui;' was nio\cd to the exlrenie west end of the lot and
has been restored both inside and out as far as ])ossible to its
i.rii^inal appearance. At the time of the Ward i)nrchasc of the
house, il was lathed and ])lasiered. This has been taken off, leaving
ihe original wide ])ine b.oards with which it was ceiled, which still
show inkstains, and in some i)laces jienciled names. ( )ne of the
original outside doors was found in a nnitilaleil condition, and this
has been framed into the wall, and forms the frame of a large
crayon ]>ortrait of jndgc l\ee\-e. The old small-paneil windows,
which a])])ear in the i)icture are the same as of old.
When taking oti' the j^lastering and lath, several old boards were
found lilerall}' covered with names and inscrii)tions, done by jack-
knife artists in those old school davs, wdien human nature was much
tile same as now. Manx' of these names are to be found in the cata-
logue of the school in Mr. Kilbourn's possession. Some of the
names are W. T. Gould, 1818; X. killings, New London; Board-
man, 1820; William Petit, Marietta, Ohio; 1810; J- 1>- Skinner, A.
Jlates, Samuel W. Cheever, I'. K. 1'., R. ^^IcK., E. W S.. Jones, (in
monogram. )
An interesting question is how the building was heated, as no
trace of a fireplace was found. JDid they sit in the room with no tire,
as the churches of those days were unheated.
It is Mr. Kilbourn's present intention to make, if ])ossil)le. .some
r.rrangement b\- which the old building can be kept as an interesting
relic, and the members of the Litchfield County IJar are getting
much interested to have this done.
Jt should be underslood, in this connection, that the picture of
what has been called "The b'irst Law School of America" which
has ap])eared from time to lime in the state papers, is not a picture
of the first law school building, but of the second one, which was
built b\- judge Gould later. lie came to Litclilield and was as-
sociated with Indge I\ee\'e in his school, and alter Judge Keeve's
death he carried ou the school, putting up the building sometimes
called the first school in the \ard of his pro])erty, now the lloppin
house, on .\orth street. The school was carried on in that building,
to be sure, but il was noi the lir^l building. It has been standing
about a mile west of the \illage, and usi'd ;is a negro tenement,
but is fast falling to pieces. T1km\' is no doubt that the interest
of Mr. Kilb'ourn in tlu' real "tirst law school building" has been
tlu- mi-ans of sa\ing this historic building, and preserving it for the
benefit of future generations.
T.AW SCHOOL 193
Tlll<: M'lX'lll'll'.l.l) LAW SriK X )I..
A catalog-uc of this school was puljhshed in 1S28 ol those attend-
ing from i/fjK. A sui)i)l(.iiicnl was added bringing the names down
to 18^1. In i84<^ it was riprinUd including the names to the close
of the school in iS.^.v
In lanuary, i<j(")(). Moii. ( ^.corgc M. Woodruff again reprinted
the catalogue, adding some pictures and matter relating thereto.
The various notices and prefaces are herewith reprinted and
fulh' explain themselves.
hi the former catalogues the names are arranged hy classes,
in this they apjiear ali)liclicall_\-.
It is believed that these names all ai)pear upon the I'.ar Records,
it being the rule that all students should be entered thereon. U])on
our records there are a great many names not api)earing in this
catalogue, being students who were studying with other attorneys.
That none of tiie law school students ])revious to 1798 appear here
is probably from the fact that our bar records begin at that date.
Al)\'KRTlSb:.Mlv\T To I-IRST l{l)rn( ).\ 1828.
'J'he committee to whom has been referred the publication of
this catalogue, deem it i)r(»])er to prefix a few observations in rela-
tion to the institution, and the com-se of in.truction therein pre-
scribed.
The Law School was estal)lished in 1782 by the lion. Tapping
Reeve, late Chief justice of this State, and continued under his
sole direction until the year 1793, when the Hon. J. Could was
associated with him. These gentlemen continued their joint labors
until 1820, since which ]>eriod Judge Gould has lectured alone.
From its commencement, it has enjoyed a patronage, which dis-
tinguished talent, combined with legal attainment, justly merited.
]t has been comj^osed of young men from every section of the
Union, many of whom have since been eminently conspicuous, both
as jiu-ists and as statemen. And, indeed, even now, notwith.stand-
ing the nuermous legal seminaries which ha\e l)een established
throughout our country, this school maintains its proud pre-emi-
nence. This, it is believed, it to 1)e attributed to the advantages,
which the mode of instruction here jM-escribed, possess over the
system usually ado])ted in similar institutions.
According to the plan pursued by Judge Could, the law is
divided into forty-eight titles, which embrace all its important
branches, and of wdiicb he treats in systematic detail. These titles
are the result of thirty years severe and close api^lication. They
comprehended the whole of his legal reading during that ocriod,
and continue moreover, to be enlarged and improved by modern
adjudications. The lectures, which are delivered everv day. and
194 III i.'ii i'ii;i,i) (.(UN ^^■ i;i:.\(.ii and i'.ar
which usually occupy an hour and a hall, ctnhracc cvcrv jji'lnciple
aiul rule fallini;- under the several divisions of tlie different titles.
'J'liese ])rinciples and rules are sup])orted 1)\ numerous authorities,
and i^enerally accompanied with familiar illustrations. Whenever
the o])inions upon an\ jxtini are contradictor\-. the authorities in
sup])ort of either doctrine are cited, and the arguments, advanced
by either side, are presented in a clear and concise manner, tt)_c^ether
with the lecturer's own views of the (luestit)n. In fact, every ancient
and modern o])inion. whether over-ruled, doubted, or in anv way
(|ualified. is here systematically di.i^'ested. These lectures, thus
classified, are taken down in full by the students, and after beino;
comi)are(l with each other, are .generally transcribed in a more neat
and le.i^ilile hand. The remainder of the day is occupied in examin-
ins.^- the authorities cited in sup])ort of the several rules, and in read-
ins^' the most ap])roved authors upon those branches of the law,
which are at the time the subject of the lectures. These notes,
thus written out. are, when complete, comprised in five large vol-
umes, which constitute books of reference, the t;reat advantages
of which must be apparent to every one of the slii^htest acquaint-
ance with the coni]:)rehensive and abstruse science of the law. The
examinations, \\hich are held every Saturday ujxin the lectures of
the ])receedin,L;" week, consist of a thorouL;'h investii^ation of the
])rinciples of each rule, and not merely of such ([uestions as can
be answered from memory without any exercise of the judp.ment.
These examinations are held by Jabez \V. Huntington, Esq.. a dis-
tinguished gentleman of the l^ar, whose practice enables him to
introduce frequent and familiar illustrations, which excite an interest,
and serve to im]:)ress more strongly upon the mind the knowledge
acquired during the week.
There is also connected with the institution, a Moot Court for
the argument of law cjuestions, at which Judge Gould ])resides.
The cpiestions that are discussed are prepared by him in the forms
in which thev generallv arise. These courts are held once at least
in each week, two students acting as counsellors one on each side.
And the arguments that are advanced, together with the oi)inion of
the judge, are carefully recorded in a book kei)t for that i)urpose.
For the ])re])aration of these (juestions, access ma\- at all times
be had to an extensive librar_\. 1 besides these courts, there are
societies established for im])rovement in forensic exercises, which
are entirely under the control of the students..
The whole course is completed in fnurleen months, including
two vacations of two weeks each, one in the spring, the oilier in
the autumn. .\o student can enter i<iy a shorter |)eriod than three
months. The terms of instruction are $100 for the tirst year, and
$60 for the second, payable gther in advance or at the end of the
year.
JL'DC.I'. C.OL'LD's law SClKiOI, r.ni.Dixc.
This 1)uilding- was built by James Gould as liis law office about
1795. When he associated with Juds^e Reeve in law school he used
his office for his lectures. It stood in his yard on the West side of
Nortli street. It was abandoned at the close of the Law School
about ^^3,S' and soon after the death of Judge Gould was sold and
removed a mile West of the village on the Uantam road and con-
verted inio a dwelling house. For many years it was occupied by a
colored famih". and for five or six year? has been unoccupied, ft
is now a ruin.
The photcj from 
