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Full text of "Professional and industrial history of Suffolk County, Massachusetts"

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PROFESSIONAL AND INDUSTRIAL HISTORY 



OF 



SUFFOLK COUNTY 



MASSACHUSETTS 



IN THREE VOLUMES 



VOLUME I 



HISTORY OF THE BENCH AND BAR 



BY 

WILLIAM T. DAVIS 



fllluatratcD 



THE BOSTON HISTORY COMPANY 
1894 



PREFACE. 



The history of the Bench and Bar of Suffolk county contained in 
this volume includes an introductory chapter and a biographical reg- 
ister. The introductory chapter treats of the courts, the laws under 
which they were established, of the judges and other persons exercising 
judicial powers, and of the bar. The biographical register contains 
the names of forty-eight hundred and forty persons, of whom sketches 
are given of about three thousand, while of the remainder such infor- 
mation is furnished as it has been practicable to obtain. 

The aim of the author has been to include in the register every judge 
whose court has held its sessions within the county, and every lawyer 
who has either been admitted to its bar or has at any time been one of 
its members, before January 1, 1892. 

An alphabetical arrangement of the register has been found imprac- 
ticable, in consequence of the demand of the publishers for copy as the 
work progressed. An alphabetical index, however, is furnished, 
which, it is believed, will remove any objection which might otherwise 
be raised to the want of such an arrangement. 

A few duplicate sketches will be found in the register, which are 
explained by the acquisition of more ample materials after the earlier 
sketches had been written. The later sketches alone are referred to 
in the index. 

Besides numerous printed sources of information, the author is 
indebted for aid to many public officials and gentlemen, to whom it 
would be ungrateful to omit his thanks. Among these may be men- 
tioned C. B. Tillinghast, assistant librarian of the State Library; John 
Ward Dean, librarian, and Walter Kendall Watkins, assistant librarian 



1 6 PREFACE. 

of the New England Historic Genealogical Society; Joseph A. Willard, 
clerk of the Superior Civil Court for Suffolk county; John Noble, clerk 
of the Supreme Judicial Court for said county; William E. Parmenter, 
chief justice of the Municipal Court of the city of Boston; Hon. Charles 
Theodore Russell, Alexander S. Wheeler, esq., and Hon. Francis H. 
Underwood, members of the Suffolk bar; and James W. Allen, clerk 
in the city register's office of Boston. 

He is aware that errors and omissions may be found in his work, but 
he trusts that, even with its imperfections, the " History of the Bench 
and Bar of Suffolk County " may not prove to have been a useless 
undertaking. 

Wm. T. Davis. 

Plymouth, Mass., 

September 1, 1893. 



The Bench and Bar. 



INTRODUCTORY CHAPTER. 

rHIS chapter is intended to be chiefly introductory to the volume 
containing a sketch of the Bench and Bar of Suffolk County. A 
general history of the county will find no place in the narrative. It will 
be proper, however, to present a statement of the origin and establish- 
ment of the Massachusetts settlement as preliminary to the more re- 
stricted examination of the judicial legislation and methods which 
followed it. 

In the early part of the seventeenth century the territory one hundred 
miles wide along the coast of North America, extending from the 
thirty-fourth to the forty-fifth degree of north latitude, was called Vir- 
ginia, after Queen Elizabeth, the virgin queen. On the 20th of April, 
1606, this territory was divided by James the First between two com- 
panies which for a time were known as the Northern and Southern Vir- 
ginia Companies. It extended approximately from Cape Fear to 
Passamaquoddy Bay. To the Northern Virginia Company a patent 
to lands between the thirty-eighth and forty-fifth degrees was granted, 
and to the Southern Virginia Company a patent to lands between the 
thirty-fourth and forty-first degrees. The first of these grants ex- 
tended from Passamaquoddy Bay to the southeastern corner of Mary- 
land, and the second from Cape Fear to a line running through Port 
Chester, on Long Island Sound, and the easterly corner of New Jersey, 
on the Hudson River. That portion lying between the thirty-eighth 
and forty- first degrees, which was included in both patents, was to be 
appropriated by that company which should first occupy it, and it was 
provided that neither company should plant a colony within one hun- 
2 



to HISTORY OF THE BENCH AND BAR. 

dred miles of a settlement previously made by the other. The Northern 
Virginia Company was composed of certain knights, gentlemen, mer- 
chants and adventurers of Bristol, Exeter and Plymouth, and the 
Southern Virginia Company of persons of the same description, in 
London. 

On the 13th of November, 1620 (new style), a new charter was granted 
by King James to the Northern Virginia Company. Sir Edwin Sandys, 
the governor and treasurer of the Southern Virginia Company, having 
incurred the royal displeasure, was forbidden a re-election, and the Earl 
of Southampton, a no less obnoxious person, having been chosen in his 
place, the king was inclined to show special favor to the Northern Vir- 
ginia Company. Under the title of "The Council established at 
Plymouth in the County of Devon for the planting, ordering, ruling 
and governing of New England in America," it was empowered by its 
new act of incorporation to hold territory extending from sea to sea, 
and in breadth from the fortieth to the forty-eighth degree of north 
latitude, to make laws, appoint governors and other officers necessary 
for the establishment of the forms of government. This immense ter- 
ritory included all the land between Central New Jersey and the Gulf 
of St. Lawrence on the Atlantic coast, and the northern part of Cali- 
fornia, Oregon and the larger part of Washington on the Pacific, with 
a line running through Lake Superior for the northern boundary, and 
a line running through Pennsylvania, Ohio, Indiana and Illinois for the 
southern. 

On the 30th of December, J622, the Northern Virginia Company, 
under its new title, granted to Robert Gorges all that part of the main- 
land " commonly called or known by the name of the Messachusiack," 
which was described as situated " upon the northeast side of the bay 
called or known by the name of the Messachusett." Robert Gorges 
having received the grant, was appointed by the Virginia Company, in 
1623, lieutenant general of New England, and arrived with " passengers 
and families " in Massachusetts Bay in September of the same year. A 
part of this grant is included within the limits of Suffolk County. The 
claims under this grant were, however, quieted after a subsequent and 
apparently conflicting grant had been made to the Massachusetts Com- 
pany. This latter grant was made on the 19th of March, 1627-8, to 



INTRODUCTORY CHAPTER. n 

Sir John Roswell, Sir John Young - , Thomas Southcoat, John Humphrey, 
John Endicott and Simon Whitcomb, including all the land extending 
from three miles north of the Merrimac River to three miles south of the 
Charles River, and covered a large part or nearly all of what is now 
Suffolk County. A royal charter was issued in accordance with the 
patent of the Virginia Company, which passed the seals on the 4th of 
March, 1628-9, the text of which is as follows: 

" Charles By the Grace of God Kinge of England, Scotland and Ireland, Defender of 
the Fayth etc., To all to whome these Presents shall come Greeting. Whereas our 
most deare and royall father Kinge James, of blessed memory, by his Highness' letters 
patents bearing date at Westminster the third day of November in the eighteenth yeare 
of his raigne hath given and graunted unto the Councell established at Plymouth, in the 
county of Devon for the planting, ruling, ordering and governing of Newe England in 
America, and to their successors and assignes for ever : All that part of America lyeing 
and being in bredth from forty degrees of northerly latitude from the equinoctiall lyne 
to forty-eight degrees of the saide northerly latitude inclusively, and in length of and 
within all the breadth aforesaid throughout the maine landes from sea to sea, together 
also with all the firme lands, soyles, groundes, havens, portes, rivers, waters, fisheries, 
mynes and myneralls, precious stones, quarries, and all and singular other comodities, 
jurisdiccons, royalties, priviledges, franchises, and prehemynences, both within the said 
tract of lande upon the mayne and also within the islandes and seas adjoining; Pro- 
vided alwayes that the said islandes or any the premises by the said letters patents in- 
tended and meant to be graunted were not then actuallie possessed or inhabited by any 
other Christian Prince or state now within the bounds, lymitts or territories of the 
Southern Colony then before graunted by our said deare father to be planted by divers 
of his loving subjects in the south partes. To Have and to houlde, possess and enjoy all 
and singular the aforesaid continent, landes, territories, islands, hereditaments and pre- 
cincts, seas, waters, fisherys, with all and all manner their comodities, royalties, liberties, 
prehemynences and profitts that should from thenceforth arise from them, with all and 
singular their appurtenances and every parte and parcell thereof unto the saide Conn- 
cell and their successors and assignes forever. To the sole and proper use, benefitt and 
behoof of them the said Councell and their successors and assignes forever; to be 
houldenof our said most deare and royall father, his heirs and successors as of his man- 
nor of East Greenwich in the County of Kent to free and comon socage, and not in 
capite nor by Knights service, yeildinge and paying therefore to the said late Kinge, his 
heirs and successors, the fifte parte of the oare of gould and silver which should from 
tyme to tyrne and at all tymes thereafter, happen to be found, gotten, had and obtayned 
in, att or within any of the saide landes, lymitts, territories and precincts, or in or 
within any parte or parcell thereof, for or in respect of all and all manner of duties, de- 
mands and services whatever to be don, maide or paide to our saide deare father, the 
late Kinge, his heires and successors, as in and' by the said letters patent (amongst 
sundrie other claims, powers, priviledges and grauntes therein conteyned) more at large 



i2 HISTORY OF THE BENCH AND BAR. 

appeareth. And whereas the saide Councell established at Plymouth, in the County of 
Devon, for the plantinge, ruling, ordering and governing of Newe England in America 
have by their deede indented under their comon seale bearing date the nyneteeth day 
of March last part in the third year of our raigne, given, graunted, bargained, soulde, 
enfeoffed, aliened and confirmed to Sir Henry Rosewell, Sir John Young, Knightes, 
Thomas Southcott, John Humphrey, John Endecott, and Simon Whetcombe, their 
heirs and associates forever, All that part of Newe England in America aforesaid which 
lyes and extendes between a greate river there comonlie called Monomack alias Merrie- 
maek and a certen other river there called Charles River, being in the bottome of a 
certayne bay there commonly called Massachusetts alias Mattachusetts alias Massa- 
tusetts bay, and also all and singular those landes and hereditaments whatsoever lying 
within the space of three English miles on the south parte of the said Charles River, or 
of any or everie parte thereof: And also all and singular the landes and hereditaments 
whatsoever lyeing and being within the space of three English myles to the southwarde 
of the southermost parte of the said bay called Massachusetts alias Mattachusetts alias 
Massatusetts bay: and also all those landes and hereditaments whatsoever which lye 
and be within the space of three English myles to the northward of the said river called 
Monomack alias Merrymack, or to the northward of any and every parte thereof : And 
all lands and hereditaments whatsoever lyeing within the lymitts aforesaide north and 
south, in latitude and bredth, and in length and longitude, of and within all the bredth 
aforesaide throughout the mayne landes there, from the Atlantick and westerne sea and 
ocean on the east parte, to the south sea on the west parte, and all landes and groundes, 
place and places, soyles, woodes and wood groundes, havens, portes. rivers, waters, fish- 
ings and hereditaments whatsoever, lyeing within the said boundes and lymitts and 
every parte and parcell thereof ; And also all islandes lyeing in America aforesaid in 
said seas or either of them on the westerne or eastern coastes or partes of the saide tracts 
of lande by the said indenture mentioned to be given, graunted, bargained, sould, en- 
feoffed, aliened and confirmed or any of them : And also all mynes and myneralls as 
well royall mynes of gould and silver as other mynes and myneralls whatsoever in the 
saide landes and premises or any part thereof: And all jurisdiccons, rights, royalties, 
liberties, freedomes. ymmunities, priviledges, franchises, preheminences, and comodities 
whatsoever which they the said Councell established at Plymouth, in the County of 
Devon, for the planting, ruleing, ordering and governing of Newe England in America, 
then had or might use, exercise or enjoy in and within any parte or parcell thereof. To 
have and to hould the saide part of Newe England in America, which lyes and extendes 
and is abutted as aforesaide and every parte and parcell thereof; And all the said islandes, 
rivers, portes, havens, waters, fishings, mynes and myneralls, jurisdiccons, franchises, 
royalties, liberties, priviledges, comodities, hereditaments, and premises whatsoever, 
with the appurtenances unto the said Sir Henry Rosewell, Sir John Younge, Thomas 
Southcott, John Humfrey, John Endecott and Simon Wbetcombe, their heires and as- 
signs and their associatts forevermore. To be houlden of us our heires and successors 
as of our mannor of East Greenwich in the County of Kent, in free and common socage 
and not in capite, nor by Knightes service, yeilding and paying therefore unto us our 
heires and successors, the fifte part of the oare of gould and silver, which shall from 




THE F . 1UIMUNST CO. i PHIL* . 



INTRODUCTORY CHAPTER. • 13 

tyme to tyme and all tymes hereafter happen to be found, gotten, had and obtained in 
any of the said landes within the said lymitts or in or within any part thereof, for and 
in satisfacon of all manner duties, demands and services whatsoever to be donn, made 
or paid to us, our heires or successors, as in and by the saide recited indenture more at 
large maie appeare. Nowe knowe yee, that wee at the humble suite and peticon of the 
said Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John 
Endecott and Simon Whetcombe and of others whom they have associated unto them, 
have for divers good causes and consideraconsus moveing, graunted and confirmed, And 
by these presents of our own especiall grace, certen knowledge and meere mocon, doe 
graunt and confirme unto the said Sir Henry Rosewell, Sir John Younge, Thomas 
Southcott, John Humfrey, John Endecott and Simon Whetcombe and to their as- 
sociats hereafter named (videlicet) Sir Richard Saltonstall Knight, Isaack Johnson, 
Samuell Aldersey, John Ven, Mathew Cradock, George Harwood, Increase Nowell, 
Richard Perry, Richard Bellingham, Nathaniell Wright, Samuell Vassal], Theophilus 
Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas 
Hutchins, Wdliam Vassall, William Pincheon, and George Foxcrofte, their heires and 
assignes all the said parte of New England in America lyeing and extending beiween 
the boundes and lymetts in the said recited indenture expressed, and all landes and 
groundes, place and places, soyles, woodes and wood groundes, havens, portes, rivers, 
waters, mynes, myneralls, jurisdiccons, rights, royalties, liberties, freedomes, immuni- 
ties, priviledges, franchises, preheminencies, hereditaments and comodities whatso- 
ever to them the saide Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John 
Humfrey, John Endecott and Simon Whetcombe, their heires and to their associates by 
the said recited indenture given, graunted, bargayned, sold, enfeoffed, aliened and con- 
firmed or menconed or intended thereby to be given, graunted, bargayned, sold, en- 
feoffed, aliened and confirmed. To have and to hould the saide parte of Newe Eng- 
land in America and other the premises hereby menconed to be graunted and confirmed 
and every parte and parcell thereof with the appurtenances to the said Sir Henry Rose- 
well, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, 
John Endecott, Simon Whetcombe, Isaack Johnson, Samuel Aldersey, John Ven, 
Mathew Cradock, George Harwood, Increase Nowell, Richard Perry, Richard Belling- 
ham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas 
Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William 
Pincheon and George Foxcrofte, their heires and assignes forever to their onhe proper 
and absolute use and behoof e for evermore, To be holden of us our heires and success- 
ors as of our manner of East Greenwich aforesaid in free and comon socage and not in 
capite nor by Knights service, and also yeilding and paying therefore to us our heires 
and successors the fifte parte of all oare of gould and silver which from tyme to tyme 
and att all tymes hereafter shalbe there gotten, had or obteyned for all services exacons 
and demaunds whatsoever according to the tenure and reservacon in the said recited 
indenture expressed. And further knowe yee That of our more especiall grace certen 
knowledg and meere mocon Wee have given and graunted, And by theis presents doe 
for us, our heires and successors give and graunt unto the said Sir Henry Rosewell, Sir 
John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John Ende- 



i 4 HISTORY OF THE BENCH AND BAR. 

cott, Symon Whetcomb, Isaack Johnson, Samuell Aldersey, John Ven, Mathew Cradock, 
George Harwood. Increase Nowell, Richard Perry, Richard Bellingham, Nathaniel, 
Wright, Samuell Vassall, Theophelus Eaton, Thomas Goffe, Thomas Adams, John 
BrOwne, Samuell Browne, Thomas Hutchins, William Vassall, William Pincheon and 
George Foxcrofte, their heires and assignes, All that parte of Newe England in Amer- 
ica which lyes and extendes betweene a great river there comonlie called Monomack 
river alias Merrimack river, and a certen other river there called Charles river being 
in the bottome of a certen bay there comonlie called Massachusetts alias Mattachusetts 
alias Massatusetts bay : And also all those landes and hereditaments whatsoever which 
lye and be within the space of three English myles to the northward of the said river 
called Monomack alias Merrymack on to the northward of any and every parte thereof 
and all landes and hereditaments whatsoever lyeing within the lymitts aforesaide north 
and south in latitude and bredth and in length and longitude of and within all the 
bredth aforesaide throughout the mayne landes there from the Atlantick and westerne 
sea and ocean on the east parte to the south sea on the west parte ; And all landes and 
groundes, place and places, soyles, woodes and wood groundes, havens, portes. rivers, 
waters and hereditaments whatsoever lying within the said boundes and lymitts and 
every parte and parcell thereof, and also all islandes in America aforesaide in the saide 
seas or either of them on the western or eastern coastes or partes of the said tracts of 
landes hereby menconed to be given and graunted, or any of them, and all mynes and 
myneralls whatsoever in the said landes and premises or any parte thereof, and free lib- 
ertie of fishing in or within any of the rivers or waters within the boundes and lymitts 
aforesaid and the seas thereunto adjoining ; And all fishes, royal fishes, whales, balan, 
sturgeons and other fishes of what kinde or nature soever that shall at any tyme here- 
after be taken in or within the said seas or waters or any of them by the said Sir Henry 
Rosewell, Sir John Young, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, 
John Endecott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey, John Yen, 
Mathewe Cradock, George Harwood, Increase Nowell, Richard Perry, Richard Belling- 
ham, Nathaniell Wright, Samuell Vassal!, Theophilus Eaton, Thomas Goffe, Thomas 
Adams, John Browne, Samuell Browne. Thomas Hutchins, William Yassall, William 
Pincheon and George Foxcrofte, their heirs and assignes, or by any other person or per- 
sons whatsoever there inhabiting by them or any of them to be appointed to fish there- 
in ; Provided alwayes that if the said landes, islands, or any other the premises herein 
before menconed and by these presents intended and meant to be graunted were at the 
tyme of the graunting of the saide former letters patents dated the third day of Novem- 
ber in the eighteenth year of our saide deare fathers raigne aforesaid actually possessed 
or inhabited by any other Christain Prince or state or were within the boundes, lymitts 
or territories of that southern colony then before graunted by our said late father to be 
planted by divers of his loveing subjects in the south partes of America, That then this 
present graunt shall not extend to any such partes or parcells thereof soe formerly in- 
habited or lyeing within the boundes of the southern plantacon as aforesaide, but as to 
those partes or parcells soe possessed or inhabited by such Christian Prince or state, 
or being within the boundes aforesaid shalbe utterly voyd, these presents or anythinge 
therein conteyned to the contrarie notwithstanding. To Have and to hould, possesse 



INTRODUCTORY CHAPTER. 



*5 



and enjoy the saide partes of Newe England in America which lye extend and are 
abutted as aforesaide and every parte and parcell thereof ; And all the islandes, rivers, 
portes, havens, waters, fishings, fishes, mynes, myneralls, jurisdiccons, franchises, royal- 
ties, liberties, priviledges, comodities and premises whatsoever with the appurtenances 
unto the said Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas 
Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaack Johnson, Samuell 
Aldersey, John Ven, Mathewe Cradock, George Harwood, Increase Nowell, Richard 
Perry, Richard Bellingham. Nathaniell Wright, Samuell Vassall, Theophilus Ea^on, 
Thomas Goffe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, 
William Vassall, William Pincheon and George Foxcrofte, their heires and assignes for- 
ever to the onlie proper and absolute use and behoofe of the said Sir Henry Rosewell, 
Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John En- 
decott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven, .Mathewe 
Cradock, George Harwood, Increase NoAvell, Richard Perry, Richard Bellingham, 
Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, 
John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pincheon 
and George Foxcrofte, their heirs and assigns forevermore. To be holden of us our 
heires and successors as of our mannor of East Greenwich in our countie of Kent 
within our realme of England in free and comon socage and not in capite nor by 
Knights service, and also yeilding and paying therefore to us our heirs and succes- 
sors the fifte part onlie of all oare of gould and silver which from tyme to tyme and at 
all tymes hereafter, shalbe gotten, had or obtayned for all services, exaccons and de- 
maunds whatsoever, Provided alwaies and our expressewill and meanenge is that onlie 
one fifte parte of the gould and silver oare above menconed in the whole and noe more 
be reserved or payable unto us our heires and successors by collour or vertue of these 
presents. The double reservacons or recitals aforesaid or anythinge herein contayned 
notwithstanding, And foreasmuch as the good and prosperous success of the plantacon of 
the said partes of Newe England aforesaide intended by the said Sir Henry Rosewell, Sir 
John Younge Sir Richard Saltonstall Thomas Southcott John Humfrey John Endecott 
Simon Whetcombe Isaack Johnson Samuell Aldersey John Ven Mathewe Cradock 
George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniell 
Wright Samuell Vassall Theophilus Eaton Thomas Goffe Thomas Adams John Browne 
Samuell Browne Thomas Hutchins,William Vassall William Pincheon and George Fox- 
crofte to be speedily set upon cannot but chiefly depend next under the blessing of 
Almightie God and the support of our royal authoritie upon the good government of the 
same, To the ende that the affaires buysinesses which from tyme to tyme shall happen 
and arise concerning said landes and the plantacon of the same maie be the better man- 
aged and ordered. Wee have further hereby of our especiall grace certen knowledge 
and mere mocon given graunted and confirmed, And for us our heires and successors doe 
give graunt and confirme unto the trustees and well beloved subjects Sir Henry Rose- 
well Sir John Younge Sir Richard Saltonstall Thomas Southcott John Humfrey John 
Endecott Simon Whetcombe Isaack Johnson Samuel Aldersey John Ven, Mathewe Crad- 
ock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniel] 
Wright Samuell Vassall Theophilus Eaton Thomas Goffe Thomas Adams John Browne 



16 HISTORY OF THE BENCH AND BAR. 

Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Fox- 
crofte; And for us our heires and successors wee will and ordeyne That the saide Sir 
Henry Rosewell Sir John Younge Sir Richard Saltonstall Thomas Southcott John 
Humfrey John Endecott Simon Whetcombe Isaack Johnson Samuell Aldersey John 
Ven Mathew Cradock George Harvvood Increase Nowell Richard Perry Richard Bell- 
ingham Nathaniell Wright Samuell Vassall Theophilus Eaton Thomas Goffe Thomas 
Adams John Browne Samuell Browne Thomas Hutchins William Vassall William 
Pincheon and George Foxcrofte and a.11 such others as shall hereafter be admitted and 
made free of the Company and Society hereafter menconed shall from tyme to tyme 
and at all tymes for ever hereafter be by vertue of these presents one body corporate 
and politque, in fact and name by the name of the Governor and Company of the Matta- 
chusetts Bay in Newe England : And them by the name of the Governor and Com. 
pany of the Mattachusetts Bay in Newe England, one bodie politique and corporate in 
deede fact and name, We doe for us our heires and successors make ordeyne consti- 
tute and confirme by these presents and that by that name they shall have perpetuall 
succession, and that by the same name they and their successors- shall and maie be ca- 
peable and enabled as well to implead and to be impleaded and to prosecute demaund 
and aunswere and be aunswered unto on all and singular suites causes quarrels and ac- 
cons of what kind or nature soever, And also to have take possesse acquire and pur- 
chase any landes tenements or hereditaments or any goods or chattells, and the same 
to lease graunt demise alien bargaine sell and dispose of as other our liege people of 
this our realme of England or any other corporacon or body politique of the same 
maie lawfullie doe : And further that the said Governor and Companye and their suc- 
cessors maie have forever one comon seale to be used in all causes and occasions of the 
said Company and the same seale maie alter change breake and newe make from tyme 
to tyme at their pleasures, And our will and pleasure is, And we do hereby for us our 
heires and successors ordeyne and graunte That from henceforth for ever there shalbe one 
Governor, one Deputy Governor and eighteen Assistants of the same Company to be 
from tyme to tyme constituted elected and chosen out of the freemen of the saide Com- 
pany for the tyme being in such manner and forme as hereafter in these presents is ex- 
pressed. Which said officers shall applie themselves to take care for the best dispose- 
ing and ordering of the generall buysines and affaires of for and concerning the saide 
landes and premises hereby menconed to be graunted and the plantation thereof and 
the government of the people there, And for the better execucon of our royal pleasure 
and graunt in their behalf wee doe by these presents for us our heirs and successors 
nominate ordeyne make and constitute our welbeloved the saide Mathewe Cradock to 
be the first and present Governor of the saide Company and the said Thomas Goffe to 
be Deputy Governor of the saide Company and the said Sir Richard Saltonstall Isaack 
Johnson, Samuell Aldersey John Ven John Humpfrey John Endecott Simon Whet- 
combe Increase Nowell Richard Perry Nathaniell Wright Samuell Vassall Theophilus 
Eaton Thomas Adams Thomas Hutchins John Browne George Foxcrofte William Vas- 
sall and William Pincheon to be the present assistants of the saide Company to con- 
tinue in the saide severall offices respectivelie for such tyme and in such manner as in 
and by these presents is hereafter declared and appointed, And further we will and by 



INTRODUCTORY CHAPTER. t 7 

these presents for us our heires and successors doe ordayne and graunt, That ihe Gov- 
ernor of the said Company for the tyme being or in his absence by occasion of sickness 
or otherwise the Deputie Governor for the tyme being shall have authorise from tyme 
to tyme and upon all occasions to give orders for the assembling of the saide Company 
and calling them together to consult and advise of the businesses and affaires of the 
saide company ; And that the said Governor for the tyme being shall or maie once 
every moneth or oftener at their pleasure assemble and houlde and keep a Courte or As- 
semblie of themselves for the better ordering and directing of their affaires, And that 
any seaven or more persons of the Assistants together with the Governor or Deputie 
Governor soe assembled shalbe saide taken held and reputed to be and shalbe a full and 
sufficient Courte or Assemblie of the saide Company for the handling ordering and dis- 
patching of all such buysinesses and occurants as shall from tyme to tyme happen touch- 
ing or concerning the said Company or plantacon and that there shall or maie beheld 
and kept by the Governor or Deputie Governor of the said Company and seaven or 
more of the said assistants for the tyme being upon every last Wednesday in Hillary 
Easter, Trinity and Michas terms respectivelie for ever one greate generall and solembe 
Assemblie which four Generall Assemblies shalbe stiled and called the Foure Greate and 
Generall Courts of the saide Company : In all and every or any of which said Greate 
and Generall Courts soe assembled wee doe for us our heires and successors give and 
graunte to the said Governor and Company and their successors, That the Governor or 
in his absence the Deputie Governor of the saide Company for the tyme being and such 
of the Assistants and freemen of the saide Company as shalbe present or the greater 
number of them soe assembled whereof the Governor or Deputie Governor and six of the 
Assistants at the least to be seaven shall have full power and authoritie to choose nome- 
nate and appointe such and soe many others as they shall thinke fitt, and that shall be 
willing to accept the same to be free of the said Company and Body and them into 
the same to admitt and to elect and constitute such officers as they shall think fitt and 
requisite for the ordering managing and dispatching of the affaires of the saide Gov- 
ernor and Company and their successors, And to make lawes and ordinances for the 
good and welfare of the saide Company, and for the government and ordering of the 
said landes and plantacon and the people inhabiting and to inhabitethe same as to them 
from tyme to tyme shalbe thought meet, soe as such laws and ordinances be not con- 
trarie or repugnant to the lawes and statuts of this our realme of England ; And our will 
and pleasure is And we do hereby for us our heires and successors establish and ordeyne 
that yearely once in the yeare for ever hereafter namely: the last Wednesday in Eas- 
ter tearme yearely the Governor Deputy Governor and Assistants of the said Company 
and all other officers of the saide Company shalbe in the Generall Court or Assembly to 
be held for that day or tyme newly chosen for the yeare ensueing by such greater paite 
of the said Company for the tyme being then and there present as is aforesaide ; And 
yf it shall happen the present Governor Deputy Governor and Assistants by these pres- 
ents appointed or such as shall hereafter be newly chosen into their roomes or any of 
them or any other of the officers to be appointed for the said Company to dye or be re- 
moved from his or their severall offices or places before the saide generall day of elecon 
(whome we doe hereby declare for any misdemeanor or defect to be removeable by the 
3 



;8 HISTORY OF THE BENCH AND BAR. 

Governor or Deputie Governor Assistants and Company or such greater parte of them 
in any of the publique Courts to be assembled as aforesaid) That then and in every such 
case it shall and maie be lawfull to and for the Governor Deputy Governor Assistants 
and Company aforesaide or such greater parte of them soe to be assembled as is afore- 
said in any of their assemblies to proceade to a new eleccon of one or more others of 
their company in the roome or place, roomes or places of such officers soe dyeing or re- 
moved according to their discrecons, And ymediately upon and after such eleccon and 
eleccons made of such Governor Deputy Governor Assistant or Assistants or any other 
officers of the saide Company in manner and forme aforesaid the authoritie office and 
power aforesaid given to the former Governor Deputy Governor or other officer or 
officers soe removed in whose steade and place newe shalbe soe chosen shall as to him 
and them and evene of them cease and determine, Provided also — and our will and 
pleasure is That as well such as are by these presents appointed to be the present Gov- 
ernor Deputy Governor and Assistants of the said Company as them that shall succeed 
them, and all other officers to be appointed and chosen as aforesaid — shall before they 
undertake the execucon of their saide offices and places respectivelie take their corporall 
oathes for the due and faithfull performance of their duties in their severall offices and 
places before such person or persons as are by these presents hereunder appointed to take 
and receive the same: That is to saie the said Mathewe Cradock — who is hereby nom- 
enated and appointed the present Governor of the said Company — shall take the saide 
oathes before one or more of the Masters of our Courts of Chauncery for the tyme be- 
ing, unto which Master or Masters of the Chauncery Wee doe by these presents give 
full power and authoritie to take and administer the said oathe to the said Governor 
'accordingly. And after the saide Governor shalbe soe sworne, then the said Deputy 
Governor and Assistants before by these presents nominated and appointed shall take the 
said severall oathes to their offices and places respectivelie belonging before the said 
Mathewe Cradock the present Governor soe formerlie sworne as aforesaide. And every 
such person as shalbe at the tyme of the annuall eleccon or otherwise upon death or re- 
movall be appointed to be the newe Governor of the said Company shall take the oathes 
to that place belonging before the Deputy Governor or two of the Assistants of the 
said Company at the least for the tyme being, And the newe elected Deputy Governor 
and Assistants and all other officers to be hereafter chosen as aforesaide, from tyme to 
tyme to take the oathes to their places respectively belonging before the Governor of 
the said Company for the tyme being, Unto which said Governor Deputy Governor 
and Assistants Wee doe by these presents give full power and authoritie to give and 
administer the said oathes respectively according to any true meaning herein before de- 
clared without any omission or further warrant to be had and obteyned of us our heires 
or successors in that behalf, And wee doe further of our especiall grace certen knowl- 
edge and meere mocon for us our heires and successors give and graunt the said Gov- 
ernor and Company and their successors forever by these presents That it shalbe law- 
full and free from them and their assigns at all and every tyme and tymes hereafter out 
of any ourrealmes or domynions whatsoever to take leade cary and transport for and 
into their voyages and from and towards the said plantacon in New England 
all such and soe many of our loving subjects or any other strangers that will becom 



INTRODUCTORY CH AFTER. , 9 

our loveing subjects and live under our allegiance as shall willinghe accompanie 
them in the same voyages and plantacon, and also shipping armour weapons orde- 
nance municon powder shott corne victualls and all manner of clothing implements 
furniture beastes cattle horses mares merchandizes and all other thinges necessarie 
for the saide plantacon and for their use and defence, and for trade with the 
people there and in passing and returning to and fro, any law or statute to 
the conrtarie hereof in any wise notwithstanding and without payeing or yeild- 
ing any custome, on subsedie either inward or outward to as our heires or successors 
for the same by the space of seaven yeares from the day of the date of these presents, 
Provided that none of the saide persons be such as shalbe hereafter by especiall 
name restrayned by us our heires and successors, And for their further encourage- 
ment of our especiall grace and favor wee doe by these presents for us our heires and 
successors yield and graunt to the saide Governor and Company and their successors and 
every of them their factors and assignes, That they and every of them shalbe free and 
quitt from all taxes subsidies and customes in Newe England for the like space of seven 
yeares and from all taxes and imposicons for the space of twenty and one yeares upon 
all goodes and merchandises at any tyme or tymes hereafter, either upon importacon 
thither or exportacon from thence into our realm of England or into any other our 
domynions by the saide Governor and Company and their successors their deputies 
factors and assignes or any of them except only the five pounds per centum due for 
custome upon all such goodes and merchandises as after the saide seven yeares shalbe 
expired shalbe brought or imported into our realme of England or any of our do- 
mynions according to the ancient trade of merchants which five pounds per centum onlie 
being paide it shall be thenceforth lawful and free for the said adventurers the same 
goods and merchandises to export and carry out of our said domynions into forrane 
parts without any custome, tax or other duties to be paid to us our heires or successors 
or to any other officers or ministers of us our heires and successors, Provided that the 
said goodes and merchandises be shipped out within thirteene moneths after their first 
landing within any parte of the saide domynions, And wee doe for us our heires and 
successors give and graunte unto the saide Governor and Company and their successors 
That whensoever or soe often as any custome or subsidie shall growe due or payeable 
unto us our heires or successors according to the lymittacon and appointment aforesaide 
by reason of any goodes wares or merchandises to be shipped out or any returne to be 
made of any goodes, wares or merchandises unto or from the said portes of Newe England 
hereby menconed to be graunted as aforesaide or any the lands or territoreries afore- 
saide, That then and soe often and in such case the farmers, customers and officers of our 
customes of England and Ireland and everie of them for the tyme being upon request 
made to them by the said Governor and Company or their successors factors or assignes 
and upon convenient security to be given in that behalf shall give and allowe unto the 
said Governor and Company and their successors and to all and everie person and per- 
sons free of that Company as aforesaide six monethes tyme for the payment of the one 
half of all such custome and subsidy as shalbe due and payeable unto us our heires and 
successors for the same. For which these our letters patents or the duplicate in the 
enrollment thereof shalbe unto our saide officers a sufficient warrant and discharge. 



2o HISTORY OF THE BENCH AND BAR. 

Nevertheless our will and pleasure is That if any of the saide goods wares and mer- 
chandise which be or shalbe at any tyme hereafter landed or exported out of any of 
our realmes aforesaide and shalbe shipped with a purpose not to be carried to the portes 
of Newe England aforesaide but to some other place, That then such payment duty 
custom imposicon or forfyture shalbe paid or belonge to us our heires fend successors 
for the said goodes wares and merchandises soe fraudulently sought to be transported 
as yf this our graunte had not been made nor graunted. And Wee doe further will 
And by these presents our heires and successors firmely enjoine and comaunde as well 
the Treasurer Chauncellor and Barons of the Exchequer of us our heires and successors, 
as also all and singular the customers farmers and collectors of the customes subsidies 
and imports and the other officers and ministers of us our heires and successors what- 
soever for the tyme being, That they and every of them upon the showing forth 
unto them of these letters patents or the duplicate or exemplificacon of the same 
without any other writt or warrant whatsoever from us our heires or successors to be 
obteyned on said faith doe and shall make full whole entire and due allow- 
ance and cleare discharge unto the saide Governor and Company and their suc- 
cessors oC all customes subsidies imposicons taxes and duties whatsoever that shall 
or maie be claymed by us our heires and successors of or from the said Governor and 
Company and their successors for or by reason of the said goodes chattells wares mer- 
chandises and premises to be exported out of our saide domynions or any of them into 
any parte of the saide landes or premises hereby menconed to be given graunted and 
conferred on for or by reason of any of the saide goodes chattells wares or merchan- 
dises to be imported from the saide landes and premises hereby menconed to be given 
graunted or conferred into any of our saide domynions or any parte thereof as aforesaide 
excepting onlie the saide five poundes per centum hereby reserved and payeable after 
the expiracon of the saide terme of seaven yeares as aforesaide and not before. And 
these our letters patents or the enrollment duplicate or exemplificacon of the same 
shalbe forever hereafter from tyme to tyme as well to the Treasurer Chancellor and 
Barons of the Exchequer of us our heires and successors as to all and singular the cus- 
tomers farmer? and collectors of the customes subsidies and imports of us our heires and 
successors and all searchers and others the officers and ministers whatsoever of us our 
heires and successors for the tyme being a sufficient warrant and discharge in this be- 
half. And further our will and pleasure is, and wee doe hereby for us our heires and 
successors ordayne declare and graunt to the saide Governor and Company and their 
successors That all and every of the subjects of us our heires or successors which shall 
goe to and inhabite within the saide landes and premises hereby menconed to be graunted 
and every of their children which shall happen to be born there on the seas in going 
thither or retorneing from thence shall have and enjoy all liberties and immunities of 
free and naturall subjects within any of the domynions of us our heires or successors to 
all intents construccons and purposes whatsoever as if they and every of them were 
born within the realme of England. And that the Governor and Deputy Governor of 
the saide Company for the tyme being or either of them and any two or more of such 
of the saide assistants as shalbe thereunto appointed by the said Governor and Company 
at any of their courts or assemblies to be held as aforesaide shall and maie at all tymes 



INTRODUCTORY CHAPTER. 21 

and from tyme to tyme hereafter have full power and authoritie to minister and give 
the oathe and oathes of supremacie and allegiance or either of them to all and everie 
person and persons which shall at any tyme or tymes hereafter goe or passe to the 
landes and premises hereby menconed to be graunted to inhabite the same. And 
wee doe of our further grace certen knowledge and mere mocon give and graunt to the 
saide Governor and Company and their successors That it shall and maie be lawfull to 
and for the Governor and Deputy Governor and such of the Assistants and Freemen of 
the saide Company for the tyme being as shalbe assembled in any of theire General 
Courts aforesaid or in any other Courts to be specially sumoned and assembled for that 
purpose or the greater parte of them (whereof the Governor or Deputy Governor and 
six of the Assistants to be alwaies seaven) from tyme to tyme to make ordaine and es- 
tablish all manner of wholesome and reasonable orders lawes statutes andordenances di- 
reccons and instruccons not contrarie to the laws of this onr realme of England as well 
for setling of the formes and ceremonies of government and magistracy fitt and necessary 
for the said plantacon and the inhabitants there and for nameing and stiling of all sortes 
of officers both superior and inferior which they shall find needfull for that government 
and plantacon and the distinguishing and setting forth of the severall duties powers and 
lymitts of evry such office and place and the formes of such oathes warrantable by the 
lawes and statutes of this our realme of England as shalbe respectivelie ministered unto 
them for the execucon of the saide severall offices and places as also for the disposeing 
and ordering of the eleccons of such of the said officers as shalbe annuall and of such 
others as shalbe to succede in case of death or removeall and ministering the saide oathes 
to the newe elected officers and for imposicons of lawfull fynes, mulcts imprisonment or 
other lawfull correccon according to the course of other corporacons in this our realme of 
England and for the directing ruleing and disposeing of all other matters and thinges 
whereby our saide people inhabitants there maie be so religiously peaceablie and civelly 
governed as their good life and orderlie conversacon maie wynn and incite the natives 
of the country to the knowledge and obedience of the onlie true God and Saviour of 
mankinde and the Christian fayth which in our royal intencion and the adventurers free 
profession is the peacefull ende of this plantacon. Willing ccmmaunding and require- 
ing and by these presents for us our heires or successors ordayning and appointing 
That all such orders lawes statutes and ordinances instruccons and direccons as shalbe soe 
made by the Governor and Deputie Governor of the saide Company and such of the As- 
sistants and Freemen as aforesaide and published in writeing under their comon seale 
shalbe carefullie and dulie observed kept pformed and putt in execucon according to the 
true intent and meaning of the same, And these our letters patents or the duplicate or 
exemplificacion thereof shalbe to all and every such officer superior and inferior from 
tyme to tyme for the putting of the same orders lawes statutes and ordinances instruc- 
cons and direccons in due execucon against us our heires and successors a sufficient war- 
rant and discharge. And wee doe further for us our heires and successors give and 
graunt to the saide Governor and Company and their successors by these presents 
That all and everie such chiefe comaunders captaines governors and other officers and 
ministers as by the saide orders lawes statutes ordinances instruccons or direccons of the 
said Governor and Company for the tyme being shalbe from tyme to tyme hereafter 



- 



22 HISTORY OF THE BENCH AND BAR. 

ymployed either in the government of the said inhabitants and plantacon or on the waye 
by sea thither or from thence according to the natures and lymitts of their offices and 
places respectivelie shall from tyme to tyme hereafter forever within the precincts and 
partes of Newe England hereby menconed to be graunted and confermed or on the waie 
by sea thither or from thence have full and absolute power and authoritie to correct 
punishe pardon governe and rule all such the subjects of us our heires and successors as 
shall from tyme to tyme adventur themselves in any voyage thither or from thence or 
that shall at any tyme hereafter inhabite within the precincts and partes of Newe Eng- 
land aforesaid according to the orders lawes ordinances instruccons and direccons afore- 
said not being repugnant to the lawes and statutes of our realme of England as aforesaid, 
And wee doe further for us our heires and successors give and graunte to the said Gov- 
ernor and Company and their successors by these presents, That it shall and maie be 
lawfull to and for the chiefe comaunders governors and officers of said Company for the 
time being who shalbe resident in the saide parte of Newe England in America by these 
presents graunted and others there inhabiting by their appointment and direccon from 
tyme to tyme and at all tymes hereafter for their speciall defence and safety to in- 
counter expulse repell and resist by force of armes as well by sea as by lande and by all 
fitting waies and means whatsoever all such person and persons as shall at any tyme here- 
after attempt or enterprise the destruccon invasion detriment or annoyaunce to the said 
plantacon or inhabitants; and to take and surprise by all waies and meanes whatsoever 
all and every such person and persons with their shipps armour municon and other goodes 
as shall in hostile manner invade or attempt the defeating of the said plantacon or the 
hurt of the said company and inhabitants. Nevertheles our will and pleasure is and wee 
doe hereby declare to all Christian Kinges Princes and states that yf any person or per- 
sons which shall hereafter be of the said company or plantacon or any other by lycense 
or appointment of the said Governor and Company for the tyme being shall at any tyme 
or tymes hereafter robb or spoyle by sea or by land or doe any hurt violence or unlawfull 
hostility to an)' of the subjects of us our heires or successors or any of the subjects of any 
Prince or State being then in league and amy tie with us our heires and successors and that 
upon such injury don and upon just complaint of such Prince or State or their sub- 
jects, Wee our heires or successors shall make upon proclamacon within any of the 
partes within our realme of England comodious for that purpose, That the person 
or persons haveing comitted any such roberie or spoyle shall within the terme lymytted 
by such a proclamacon make full restitucon or satisfacon of all such injuries don soe 
as the said Princes or others soe cofnplayning maie hould themselves fullie satisfied 
and contented. And that yf the said person or persons haveing cometted such rob- 
berie or spoyle shall not make or cause to be made satisfacon accordingly within such 
tyme so to be lymytted, That then it shall be lawfull for us our heires and successors 
to put the said pson or psons out of our allegeance and protecon : And that it shalbe 
lawfull and free for all Princes to prosecute with hostilitie the said offenders and every 
of them, Their and every of their procurers ayders abettors and comforters in that 
behalf. Provided also and our express will and pleasure is and wee doe by these 
presents for us our heires and successors ordayne and appoint That these presents shall 
not in any manner inure or be taken to abridge barr or hinder any of our loveing sub- 



INTRODUCTORY CHAPTER. 23 

jects whatsoever to use and exercise the trade of fishing- upon that coast of Newe 
England in America by these presents menconed to be graunted : But that they and 
every or any of them shall have full and free power and liberty to continue and use their 
said trade of fishing upon the said coast in any the seas thereunto adjoyning or any 
armes of the seas or saltwater rivers where they have byn wont to fish and to build and 
sett up upon the landes by these presents graunted such wharfes stages and worke 
houses as shalbe necessary for the salting drying keeping and tacking up of their fish to 
be taken or gotten upon that coast ; and to cutt downe and take such trees and other 
materialls there groweing or being as shalbe needfull for that purpose, and for all other 
necessarie easements helpes and advantage concerning their said trade of fishing there in 
such manner and form as they have byn heretofore at any tyme accustomed to doe 
without making any wilfu'l waste or spoyle any thing in these presents contayned to 
the contrarie notwithstanding. And wee doe further for us our heires and successors 
ordeyne and graunte to the said Governer and Company and their successors by these 
presents, That these our letters patents shalbe firme good effectuall and availeable in all 
thinges and to all intents and construccons of lawe according to our true meaning herein 
before declared, and shalbe construed reputed and adjudged in all cases most favourable 
on the behalf and for the benefitt and behoofe of the saide Governor and Company 
and their successors although expresse mencon of the true yearely value or certenty of 
the premisses or any of them or of any other giftes or grauntes by us or any of 
our progenitors or predecessors to the aforesaid Governor or Company before this time 
made in these presents or not made or ainy statute act ordinance provision proclamacon 
or restrainte to the contrarie thereof heretofore had made published ordayned or pro- 
vided or any other matter cause or thinge whatsoever to the contrarie thereof in any 
wise notwithstanding. In witness whereof wee have caused these our letters to be 
made patent. Witness ourself at Westminster the fourth day of March in the fourth 
yeare of our raigne. 

Per Breve de Privato Sigilio 

Wolseley. 

Praedictus Matthaeus Cradocke Juratus est de Fide et obedientia Regi et Successori- 
bus suis, et de Debita Executioni Officii Gubernatoris juxta Tenorem Praesentium, 18° 
Martii 1628. Coram me Carolo Cresare Milite in Cancellaria Mro. 

Char. Cesar. 

The full text of the above charter is included in this narrative in or- 
der that readers may have a clear understanding of the foundation on 
which the judicial system of the Massachusetts colony rested and the 
source from which authority was derived for its establishment. Doubts 
have been entertained by some writers whether it was the royal intent 
that the charter and the corporation authorized by it should ever be 
transferred from England to America. A no less careful and discrim- 
inating writer than Hutchinson says in his history, " It is evident from 
the charter that the original design of it was to constitute a corporation 



24 HISTORY OF THE BENCH AND BAR. 

in England like to that of the East India and other great companies, 
with powers to settle plantations within the limits of the territory, un- 
der such form of government and magistracy as should be fit and neces- 
sary. The first step in sending out Mr. Endicott, appointing him a 
council, giving him commission, instructions, etc., was agreeable to this 
construction of the charter." 

It will perhaps be well in order that this reference to Mr. Endicott 
may be understood, to follow for a time the steps taken by the Massa- 
chusetts Company under the charter. One of the earliest movements 
among the members of the company was the withdrawal of Sir Henry 
Rosewell, Sir John Younge and Thomas Southcott, and the assignment 
of their interest to John Winthrop, Isaac Johnson, Mathew Cradock, 
Thomas Goffe and Sir Richard Saltonstall, and among the new mem- 
bers of the company when reorganized were Thomas Dudley, Nicholas 
West, Thomas Sharpe, William Browne and William Colbron. The 
financial affairs of the company were at first managed in England, and 
John Endicott was sent out to New England with a company in the sum- 
mer of 1628, before the issue of the charter, which did not pass the seals 
until the fourth of the following March. Endicott arrived at Salem in the 
ship Abigail on the sixth of September, and for a time acted as a quasi 
governor of the colony. The colony over which he had authority was 
merely a band of emigrants sent over by what may be termed the Mas- 
sachusetts Company, acting simply under the grant which they had re- 
ceived from the Plymouth Council or Northern Virginia Company and 
before the issue of the letters patent from the king. It will be seen there- 
fore that the mission of Endicott throws no light on the intent of the 
charter, as it was authorized before the charter was issued. After the 
issue of the charter to the company of which Endicott was one and 
to which his small Salem colony was subservient, he was permitted to 
act as local governor until Winthrop arrived with his larger company 
and with the charter from the king. After the issue of the charter, fa- 
vorable letters having been received from Endicott, at a meeting of the 
company held on the 28th of July, 1629, Mathew Cradock, the gover- 
nor of the company named in the charter, " read certain propositions 
conceived by himself," giving reasons for transferring the government to 
Massachusetts. At the next meeting of the company held on the 28th 



INTRODUCTORY CHAPTER. 25 

of August in the same year the deputy governor put the question as 
follows : " As many of you as desire to have the patent and the gov- 
ernment of the plantation to be transferred to New England, so as it 
may be done legally, hold up your hands, so many as will not, hold up 
your hands." The decision of the question is thus entered on the rec- 
ords of the company : " Where by erection of hands it appeared by the 
general consent of the company that the government and patent should 
be settled in New England, and accordingly an order to be drawn up.' v 
Two days before the vote was taken, on the 26th of August, the foh 
lowing agreement was executed : 

" Upon due consideration of the State of the Plantation now in hand for New Eng- 
land, wherein we whose names are hereunto subscribed have engaged ourselves, and hav- 
ing weighed the greatness of the work in regard of the consequence, God's glory and 
the Church's good ; as also in regard of the difficulties and discouragements which in 
all probabilities must be forecast upon the prosecution of this business; considering 
withal that this whole adventure grows upon the joint confidence we have in each 
other's fidelity and resolution herein, so as no man of us would have adventured it with- 
out assurance of the rest ; now for the better encouragement of ourselves and others 
that shall join with us in this action, and to the end that every man may without 
scruple dispose of his estate and affairs as may best fit his preparation for this voyage: 
it is fully and faithfully agreed amongst us and every one of us doth hereby freely and 
sincerely promise and bind himself in the word of a Christian, and in the presence of 
God, who is the searcher of all hearts, that we will so really endeavor the prosecution 
of this work, as by God's assistance we will be ready in our persons, and with such ot 
of our several families as are to go with us, and such provision as we are able conven- 
iently to furnish ourselves withal, to embark for the said Plantation by the first of March 
next, at such port or ports of this land as shall be agreed upon by the Company, to the 
end to pass the seas (under God's protection) to inhabit and continue in New England ; 
Provided always, that before the last of September next the whole government together 
with the patent for the said Plantation, be first, by an order of Court legally transferred 
and established to remain with us and others which shall inhabit upon the said Planta- 
tion ; and provided also, that if any shall be hindered by such just and inevitable let or 
other cause to be allowed by three parts of four of those whose names are hereunto sub 
scribed, then such persons, for such times and during such lets, to be discharged of thi 
bond. And we do further promise, every one for himself, that shall fail to be ready 
through his own default by the day appointed, to pay for every day's default the sum 
of £3 to the use of the rest of the company who shall be ready by the same day ami 
time. 

Richard Saltonstall Isaac Johnson John Winthrop 

Thomas Dudley John Humphrey William Pinchon 

William Vassall Thomas Sharpe Kellam Browne 

Nicholas West Increase Nowell William Colbron. 



26 HISTORY OF THE BENCH AND BAR. 

On the 20th of October, 1629, at " a Generall Court holden in Eng- 
land at Mr. Goffe the Deputye's House," the records of the company 
state, Governor Cradock having declared the object of the meeting to 
be the election of a new governor, deputy governor and assistants on 
account of the proposed transfer of the government to New England: 

" And now proceeding to the election of a new Governor Deputy and Assistants, 
which upon serious deliberation hath been and is conceived to be for the special good 
and advancement of their affairs, and having received extraordinary great commenda- 
tions of Mr. John Winthrop both for his integrity and sufficiency as being one eveiy 
way well fitted and accomplished for the place of Governor, did put in nomination for 
that place the said Mr. John Winthrop, Sir R. Saltonstall, Mr. Isaac Johnson and Mr. 
John Humfrey ; and the said Mr. Winthrop was with a geneial vote and full consent of 
this court by erection of hands chosen to be Governor for the ensuing year to begin on 
this present day; who was pleased to accept thereof and thereupon took the oath to 
that place appertaining. In like manner and with like free and full consent Mr. John 
Humfrey was chosen Deputy Governor and 

Sir R. Saltonstall Mr. Thomas Sharpe 

Mr. Isaac Johnson Mr. John Revell 

Mr. Thomas Dudley Mr. Matt: Cradock 

Mr. Jo: Endicott Mr. Thomas Goffe 

Mr. Noell Mr. Aldersey 

Mr. William Yassall Mr. John Venn 

Mr. William Pinchon Mr. Nath : Wright 

Mr. Sam : Sharpe Mr. Theoph : Eaton 

Mr. Edw : Rossiter Mr. Tho : Adams 

were chosen to be Assistants : which said Deputy and the greatest part of the said As- 
sistants being present took the oaths to their said places appurtaining respectively." 

The departure of Winthrop for New England occurred on the 8th of 
April, 1630, after detentions by unfavorable winds at Cowes and Yar- 
mouth, and he arrived at Salem on the 12th of June. On his arrival of 
course the administration of Endicott ceased, the colony of emigrants 
was merged in the Massachusetts Company, of which it was only a fore- 
runner and part, and henceforth the government of the Massachusetts 
Colony was vested in a governor, deputy governor and assistants living 
on the plantation, and with the royal charter in their possession, not 
answerable to any company officers at home. 

The question may now be resumed as to the power of the company 
to transfer their patent and government to New England. The opinion 
of Hutchinson has already been quoted, and his opinion, as stated by 



INTRODUCTORY CHAPTER. 27 

Mr. Charles Deane in his paper on the charter in the Memorial History 
of Boston, has been concurred in " by such historians as Chalmers, Rob- 
ertson, Grahame, Hildreth and Young and by the distinguished Judge 
Storey." On the other hand Mr. Deane says that " Dr. Palfrey, the 
eminent historian of New England, and the late Professor Joel Parker of 
Cambridge are of the opinion that the charter was actually drawn with 
a design on the part of the patentees to be used either in England or in 
New England — there being an absence of any language locating the 
corporation in England." 

Mr. Deane in the paper referred to fails to express his own opinion 
on the mooted question, and his failure is the more to be regretted be- 
cause the almost unerring instinct which he exhibited in the investiga- 
tion of historical points would have given his opinion the form of a ju- 
dicial decision. With a natural hesitation to attempt to decide a ques- 
tion on which leading antiquaries are divided, the writer ventures to 
add a word in maintenance of the position of Professor Parker that the 
transfer of the charter and company to New England were in accord- 
ance with powers conferred by royal authority. Aside from the silent 
acquiescence of King Charles in the transfer, which of itself affords an 
argument not to be ignored, a careful reading of the text discloses at 
least two provisions which look dfrectly to the possible administration 
of the government outside of England. With regard to the oaths to be 
taken by the officers of the company the text of the charter reads as 
follows : "That is to say, the said Mathew Cradock who is hereby nom- 
inated and appointed the present Governor of the said Company shall 
take the said oaths before one or more of the Masters of our Court of 
Chancery for the tyme being, unto which Master or Masters we do by 
these presents give full power and authority to take and administer the 
said oaths to the said Governor accordingly. And after the said Gov- 
ernor shall be sworne then the said Deputy Governor and Assistants, 
before by these presents nominated, shall take the said several oaths to 
their offices and places respectively belonging before the said Mathew 
Cradock the present Governor so formerly sworn as aforesaid. And 
every such person as shalbe at the time of the annual election or other- 
wise upon death or removal, be appointed to be the new Governor of 
the said Company shall take the oaths to that place belonging before 



28 HISTORY OF THE BENCH AND BAR. 

the Deputy Governor or two of the Assistants of the said Company at 
the least for the time being." It is fair to presume that the provision 
for a different method of taking the oath by Governor Cradock before 
a Master in Chancery, from that permitting the oaths of his successors 
to be taken before the deputy governor or two of the assistants was in- 
tended to meet the contingency of a removal of the company to New 
England where no master in chancery would be accessible. 

Again the charter provides " That it shall and may be lawful to and 
for the chief commanders, governors and officers of said company for 
the time being who shalbe resident in the said part of New England in 
America by these presents granted and others there inhabiting by their 
appointment and direction from time to time and at all times hereafter 
for their special defence and safety to encounter, expulse, repel and re- 
sist by force of arms as well by sea as by land and by all fitting ways 
and means whatsoever, all such person and persons as shall at any 
time hereafter attempt or enterprise the destruction, invasion, detri- 
ment or annoyance to the said plantation or inhabitants." This pro- 
vision certainly contemplates the residence of the officers of the com- 
pany in New England, and it is impossible to understand why, if the 
officers were authorized to reside on the plantations of the company, 
they could not by authority have in their possession there the charter 
from which they derived all their powers. This provision is only one 
of many to be found in the text manifestly indicating that the charter 
contemplated the establishment of a company in New England with 
duly chosen officers, and with all the necessary powers to make laws, 
provide methods of punishment for their infraction, and organize to all 
intents and purposes a government of their own. 

It has also been doubted by some whether the charter contained any 
authority " to erect judicatories or courts for the probate of wills or with 
admiralty jurisdiction ; or to incorporate towns, colleges or schools, all 
which powers were exercised, together with the power of inflicting cap- 
ital punishment." How such a doubt can be seriously entertained it is 
difficult to understand after reading the provision that the chief com- 
manders, captains, governors and other officers and ministers shall from 
time to time have full power and authority to correct, punish, pardon, 
govern and rule according to laws established by the company. The 



INTRODUCTORY CHATTER. 29 

power to punish carries with it the power to establish courts to try per- 
sons accused, and the broad power to govern includes all the powers 
necessary toestablish and maintain a peaceable and well organized com- 
monwealth. 

But though the Massachusetts Company had no hesitation in the trans- 
fer of their patent and in the exercise of the powers conferred by it, 
some years elapsed before they were left in undisturbed possession of 
the patent and its privileges. Without entering upon a detailed history 
of their annoyances, it is sufficient to say that repeated complaints were 
made to the home government of what were called usurpations by the 
company, and to state the final conclusion of the action of the govern- 
ment which these complaints elicited. Though these complaints took 
exception chiefly to the exercise of civil power, it is quite evident that 
the theological attitude of the colony and its apparently changed rela- 
tions to the established church excited more uneasiness at home than 
any acts of the colony committed under the presumed authority of the 
patent or charter. Repeated demands were made by the Privy Coun- 
cil for the return of the charter to England, and at various times ships 
ready to sail for New England were temporarily detained. The Massa- 
chusetts Company turned a deaf ear, however, to these demands, and 
finally the disorders of the mother country became so serious that the 
colony in New England was overlooked and permitted to go on in its 
career of development and manage its affairs in peace. 

The closing incidents in the long- continued effort to secure the return 
of the charter were a letter to John Winthrop from the Privy Council 
and the response of the Massachusetts General Court, after which the 
interference of the council in the affairs of the colony ceased under the 
pressure of more serious matters at home. With the presentation of 
this letter and response as parts of this narrative, this sketch of the 
charter will close. 

" Ai Whitehall, April 4, 1630. 

'This day the Lords Commissioners for Foreign Plantations, taking into consideration 
that the petitions and complaints of his Majesty's subjects, planters and traders in New 
England grow more frequent than heretofore, for want of a settled and orderly govern- 
ment in those parts, and calling to mind that they had formerly given orders about two 
or three years since to Mr. Cradock, a member of that Plantation to cause the grant or 
letters patent of that Plantation (alleged by him. to be there remaining in the hands of 



30 HISTORY OF THE BENCH AND BAR. 

Mr. Winthrop) to be sent over hither, and that notwithstanding the same, the said let- 
ters patent were not as yet brought over : and their Lordships being now informed by 
Mr. Attorney General that a quo warranto had been by him brought, according to 
former orders, against the said patent, and the same was proceeded to judgment 
against so many as had appeared, and that they which had not appeared were out- 
lawed, — 

''Their Lordships, well approving of Mr. Attorney's care and proceeding therein, did 
now resolve and order that Mr. Mewtis, Clerk of the Council, attendant upon the said 
Commissioners- for Foreign Plantations, should in a letter from himself to Mr. Winthrop, 
enclose and conve) r this order unto him. And their Lordships hereby in his Majesty's 
name, and according to his express will and pleasure, strictly require and enjoine the 
said Winthrop, or any other in whose power and custody the said letters patent are, 
that they fail not to transmit the said patent hither by the return of the ship in which 
the order is conveyed to them ; it being resolved that in case of any further neglect or 
contempt by them shown therein, their Lordships will cause a strict course to be taken 
against them, and will move his Majesty to reassume into his hands the whole planta- 
tion." 

The response was as follows : 

' To the Right Honorable the Lords Commissioners for Foreign Plantations : 

" The humble petition of the Inhabitants of the Massachusetts in New England of 
the General Court there assembled, the 6th day of September in the 14th year of the 
reign of our Sovereign Lord King Charles. 

" Whereas it hath pleased your Lordships, by order of the 4th of April last, to require 
our patent to be sent unto you, we do humbly and sincerely profess, that we are ready 
to yield all due obedience to our Sovereign Lord the King's Majesty, and to your Lord- 
ships under him, and in this mind we left our native country, and according thereunto 
hath been our practice ever since, so as we are much grieved that your Lordships 
should call in our patent, there being no cause known to us, nor any delinquency or 
fault of ours expressed in the order sent to us for that purpose, our government being 
according to his Majesty's grant and we are not answerable for any defects in other 
plantations. 

" This is that which his Majesty's subjects here do believe and profess, and therefore 
we are all humble suitors to your Lordships, that you will be pleased to take into further 
consideration our condition, and to afford us the liberty of subjects, that we may know 
what is laid to our charge; and have leave and time to answer for ourselves before we 
are condemned as a people unworthy of his Majesty's favor or protection ; as for the quo 
warranto mentioned in the said order, we do assure your Lordships we were never 
called to answer it, and if we had, we doubt not but we have a sufficient plea against it. 

" It is not unknown to your Lordships that we came into these remote parts with his 
Majesty's license and encouragement, under his Great Seal of England, and in the con- 
fidence we had of that assurance, we have transferred our families and estates, and 
here have we built and planted to the great enlargement and securing of his Majesty's 
dominions in these parts, so as if our patent should now be taken from us we shall be 





COc* 



7^ 




«lV 




INTRODUCTORY CHAPTER. 31 

looked on as runnigados and outlawed, and shall be enforced either to remove to some 
other place, or to return into our native country again; either of which will put us to 
unsupportable extremities, and these evils (among others) will necessarily follow: (1) 
Many thousand souls will be exposed to ruin, being laid open to the injuries of all men. 
(2) If we are forced to desert this place, the rest of the plantation (being too weak to 
subsist alone) will, for the most part, dissolve and go with us, and then will this whole 
country fall into the hands of the French or Dutch, who would speedily embrace such 
an opportunity. (3) If we should lose all our labor and costs, and be deprived of those 
liberties which his Majesty hath granted us, and nothing laid to our charge, nor any 
failing to be found in us in point of allegiance (which all our countrymen do take no- 
tice of and will justify our faithfulness in this behalf) it will discourage all men here- 
after from the like undertakings upon confidence of his Majestie's royal grant. Lastly, 
if our patent be taken from us (whereby we suppose we may claim interest in his 
Majesty's favor and protection) the common people here will conceive that his Maj- 
esty hath cast them off, and that, hereby, they are freed from their allegiance and sub- 
jection, and therefore will be ready to confederate themselves under a new govern- 
ment, for their necessary safety and subsistence, which will be of dangerous example to 
other plantations, and perilous to ourselves of incurring his Majesty's displeasure, 
which we would by all means avoid. 

" Upon these considerations we are bold to renew our humble supplications to your 
Lordships, that we may be suffered to live here in this wilderness, and that this poor 
plantation, which hath found more favor from God than many others, may not find less 
favor from your Lordships ; that our liberties should be restrained, when others are en- 
larged ; that the door should be kept shut unto us, while it stands open to all olher 
plantations ; that men of ability should be debarred from us, while they have encour- 
agement to other colonies. 

" We dare not question your Lordship's proceedings ; we only desire to open our 
griefs where the remedy is to be expected. If in anything we have offended his Maj- 
esty and your Lordships, we humbly prostrate ourselves at the footstool of supreme 
authority ; let us be made the objects of his Majesty's clemency, and not cut off, in our 
first appeal, from all hope of favor. Thus, with our earnest prayers to the King of 
Kings for long life and prosperity to his sacred Majesty and his royal family, and for all 
honor and welfare to your Lordships, we humbly take leave." 

Thus an end came to the controversy, and Winthrop, in his history of 
New England, says under date of 1639 : " We were much afraid this 
year of a stop in England by reason of the complaints which had been 
sent against us, and the great displeasure which the archbishops and 
others, the commissioners for plantations, had conceived and uttered 
against us, both for these complaints, and also for our not sending home 
our patent. But the Lord wrought for us beyond our expectations ; 
for the petition, which we returned in answer of the order sent for our 
patent, was read before the Lords and well accepted, as is before ex- 



32 HISTORY OF THE BENCH AND BAR. 

pressed ; and ships came to us from England and divers others ports 
with great store of people and provisions of all sorts." The patent 
never was returned, and may be seen to-day well preserved in the office 
of the secretary of the Commonwealth in the State House in Boston 

It is not proposed to follow further the general history of the Massa- 
chusetts colony It was provided in the charter that the officers of the 
company or colony should consist of a governor, deputy governor, and 
eighteen assistants to be chosen annually by a General Court, consist- 
ing of said officers and all the freemen of the colony on the last Wednes- 
day in Easter term. Besides the General Court there were to be 
three others in each year on the last Wednesday in Hilary, Trinity and 
" Michas." In addition to the above, monthly courts were to be held 
by the governor, deputy governor and assistants " for the better order- 
ing and directing of their affairs." At the first meeting of the General 
Court held in Boston on the 19th of October, 1630., for "the establish- 
inge of the Govm', It was ppounded if it were not the best course that 
the ffreemen should have the power of chuseing assistants when these 
are to be chosen & the assistants from amongst themselves to chuse a 
Govn 1 ' & Deputy Govn 1 ' whoe w th the assistants should have the power 
of makeing lawes & chuseing officers to execute the same. This was 
fully assented unto by the genall vote of the people & ereccon of 
hands." This abrogation of a provision of the charter which made the 
election of these officers a popular one to the extent that all the freemen 
had a vote, looks at first like a surrender of popular rights and a trans- 
formation of the pure democracy contemplated in the patent into a gov- 
ernment possessing a taint of exclusiveness and of a disregard of the 
people's will. It is probable that at this meeting the few who had been 
admitted as freemen were outnumbered by the officers and really had 
no voice in making the change. The limitation of the power of the free- 
men did not continue long. At a General Court held on the 9th of May, 
1632, after the representation of freemen was more numerous, "It was 
genally agreed upon by ereccon of hands, that the Govn r , Deputy Govn r 
& Assistants should be chosen by the whole Court of Govn r , Deputy 
Govn r , Assistants & freemen, and that the Govn r shall alwaies be 
chosen out of the Assistants." At a General Court held on the 14th of 
May, 1634, the records state, " further it is agreed that none but the 



INTRODUCTORY CHAPTER. 3S 

Genall Court hath power to chuse and admit freemen. — That none but 
the Genall Court hath power to make and establishe lawes, nor to elect 
and appoynct officers as Govn 1 ', Deputy Govn 1 , Assistants, Tresurer, 
Secretary, Capt., Leiuten ts , Ensigns, or any of like moment, or to re- 
move such upon misdemeanor, as also to sett out the dutyes and powers 
of the said officers. — That none but the Genall Court hath power to 
rayse motives and taxes, and to dispose of lands, vis., to give and con- 
firme pprietyes." 

At the same court it was also ordered " that it shalbe lawfull for the 
ffreemen of evy plantacon to chuse two or three of each towne before 
evy Genall Court, to conferre of & ppare such publ busines as by them 
shalbe thought fitt to consider of att the next Genall Court, & that such 
psons as shalbe hereafter soe deputed by the freemen of [the] sevali 
plantacons, to deale in their behalfe, in ye publique affayres of the com- 
onwealth, shall have the full power & voyces of all the said ffreemen, 
deryved to them for the makeing & establishing of lawes, graunting of 
landes, &c, & to deale in all other affaires of the comon wealth wherein 
the ffreemen have to doe, the matter of eleccon of magistrates & other 
officers onely excepted, wherein evy freeman is to gyve his own voyce." 
Thus a general court composed of deputies was authorized for all pur- 
poses except the election of officers. For this election the votes of the 
freemen were required. A method approaching to a general election 
of freeman in their respective towns became desirable as towns increased 
in number, and it became inconvenient to attend the General Court 
for the purpose merely of casting a „vote. At a General Court held on 
the 3d of March, 1635-6, it was consequently ordered "that the 
Genall Court to be holden in May nexte for eleccon of magistrates, &c. r 
shalbe holden att Boston & that the townes of Ipsw ch , Newebury, Salem, 
Saugus, Waymothe & Hingham shall have libertie to stay soe many of 
their ffreemen att home, for the safety of their towne as they judge 
needfull, & that the saide ffreemen that are appoyncted by the towne to 
stay at home shall have liberty for this Court to send their voices by 

pxy." 

This partial order seemed to open the way for the enactment of a 
general election law which was passed on the 9th day of March 1636-7.- 
The record states that "This Court takeing into serious consideration 
5 



34 HISTORY OF THE BENCH AND BAR. 

the greate danger and damage that may accrue to the state by all the 
freemens leaveing their plantations to come to the place of elections, have 
therefore ordered it that it shalbe free and lawfull for all freemen to send 
their votes for elections by proxie the next Generall Court in May & so 
for hereafter wch shallbe done in this manner ; The deputies wch shallbee 
chosen shall cause the freemen of their towns to bee assembled & then 
to take such freemen's votes as please to send by pxie for every magis- 
trate & seale them up, severally subscribing the magistrates name on 
the backside & soe to bring them to the Courte sealed with an open roule 
of the names of the freemen that so send by pxie." Thus a House of 
Delegates was established by these several laws and orders, after which 
the House of Representatives of our day is modeled, and a method of 
conducting elections and making returns thereof was adopted less com- 
plicated than our own, but perhaps as effective and exact. 

As early as 1634 legislation was had concerning judicial proceedings. 
Up to that time the General Court had taken cognizance of offences 
against the laws and ordered the infliction of punishment. As early as the 
autumn of 1630 in cases of capital crimes, juries were impaneled, and on 
the 9th of November in that year at a Court of Assistants consisting of 
the governor, deputy governor, Sir Richard Saltonstall, Mr. Ludlowe, 
Capt. Endicott, Mr. Coddington, Mr. Pinchon and Mr. Bradstreet, 
Walter Palmer, who had been indicted for manslaughter was tried before 
a jury consisting of Mr. Edmond Lockwood, William Rockwell, Chris- 
topher Conant, William Phelps, William Gallard, John Hoskins, Richard 
Morris, William Balston, William Cheesborough, John Page, John 
Balsh and Lawrence Leach and acquitted. 

In 1634 it was enacted "that the General Court, consisting ofmagis- 
tates and deputies, is the chief civil power of the Commonwealth ; which 
only hath power to raise money and taxes upon the whole country and 
dispose of lands viz., to give and confirm proprieties appertaining to and 
immediately derived from the country; and may act in all affairs of this 
Commonwealth according to such power, both in matters of counsel, 
making the laws and matters of judicature, by impeaching and sentenc- 
ing any person or persons according to law, and by serving and hear- 
ing any complaints orderly presented against any person or court ; and 
it is agreed that this court will not proceed to judgment in any cause, 



INTRODUCTORY CHAPTER. 35 

civil or criminal, before the deputies have taken thisoath following : ' I do 
swear by the most great and dreadful name of the ever living God, that 
in all cases wherein I am to deliver my vote or sentence, against any 
criminal offence or between parties in any civil case, I will deal up- 
rightly and justly, according to my judgment and conscience ; and I 
will according to my skill and ability assist in all other publick affairs of 
this court faithfully and truly according to the duty of my place, when 
I shall be present to attend the service.' " 

Without attempting to present a list of crimes and offences of which 
the courts were required at various times in the history of the colony to 
take cognizance, it may be interesting to learn what were punishable by 
death. They were Idolatry in obedience to the passage of Scripture, 
Exodus 22:20, Deuteronomy 13:6, 10, and 17:2,6; Witchcraft, 
Exodus 22:18, Leviticus 20:27, Deuteronomy 18:10, 11; Blasphemy, 
Leviticus 24:15, 16; Murder, Exodus 21:12, 13, Numbers 35:31; 
Man Slaughter, Leviticus 24:17, Numbers 35:20, 21; Poisoning, 
Exodus 21:14; Bestiality, Leviticus 20:15, 16; Sodomy, Leviticus 
20:13 ; Adultery, Leviticus 20:19 and 18:20, Deuteronomy 22:23, 
27 ; Man Stealing, Exodus 21:16 y False Witness, Deuteronomy 19 : 16 
and 18:16; Rebellion, Numbers 16, Second Samuel 3, same 18, 
same 20; Cursing and Smiting of Parents by children above sixteen 
years of age, Exodus 21:17, Leviticus 20:9, Exodus 21:15; Stud 
bornness of children above sixteen years, Deuteronomy 22:20, 21 ; 
Rape ; Arson. 

* On the 3d of March, 1635-6, the jurisdiction of the General Court was 
restricted by an enactment concerning inferior courts and courts of 
assistants after which the General Court was chiefly if not solely a court 
of appeal. This enactment provided : " That there shalbe ffoure Courts 
kept evy quarter 1 att Ipsvv ch , to which Newberry shall belonge : 2 att 
Salem to w ch Saugus shall belonge ; 3 att New Towne to w ch Charlton 
[Charlestown], Concord, Meadford & Waterton shall belonge ; 4th att 
Boston to w oh Rocksbury Dorchester Weymothe & Hingham shall 
belonge," and that "evy of theis Courts shalbe kept by such magis- 
trates as shalbe dwelling in or neere the saide townes & by such other 
psons of wourth as shall from tyme to tyme be appoynncted by the 
Genall Court soe as noe Court shalbe kept without one magistrate 



36 HISTORY OF THE BENCH AND BAR. 

att the least, & that none of the magistrates be excluded whoe can and 
will attend the same: yet the Genall Court shall appoynct w o1 ' of the 
magistrates shall specially belonge to evy of the saide Courts. Such 
psons as shalbe joyned as assotiates to the magistrates in the said Court 
shalbe chosen by the Genall Court, out of agreater number of such as 
the sevall townes shall nominate to them, soe as there may be in evy of 
the said Courts so many as (with the magistrates) may make fyve in all. 
Theis Courts shall trie all civell causes whereof the debt or dam- 
age shall not exceede £\o %l all criminall causes not concerneing life 
member or banishm*. And if any pson shall finde himselfe greived 
with the sentence of any of the said Courts, he may appeale to the nexte 
greate quarter Court, pvided that hee putt in sufficient caucon to psent 
his appeale with effect & to abide the sentence of the magistrates in the 
said greate quarter Court, whoe shall see that all such that shall bringe 
any appeale without just cause be exemplaryly punished." 

These were called Inferior Courts and the first was to be held the last 
Tuesday in June and the others on the last Tuesday in September, [De- 
cember and March respectively. 

The Great Quarter Courts referred to above were established at the 
same time by an enactment that " there shalbe foure greate quarter Courts 
kept yearely att Boston by the Govn 1 & the rest of the magistrates ; the 
first, the first Tuesday in the 4th moneth called June; the second, the 
first Tuesday in Septemb'"; the third the first Tuesday in Decern 1 '; the 
fourthe the first Tuesday in the ith monethe called Marche." 

It was further enacted that "all accons shalbe tryed att that Court 
to w cb ye Deft belongs " and that " all offenders which shalbe in the 
prison att Boston att the tyme of any Court there holden, shalbe tryed 
att that Court, except in the war* of his comitnV hee be reserved to the 
greate quarter Court. And it shalbe lawfull for the Govn 1 or Deputy 
Govn 1 , or any two magistrates (upon speciall & urgent occacon) to 
appoyncte Courts to be kept upon other dayes than in this order are ap- 
poyncted." 

The judicial system of the colony for the time being was completed 
by a further enactment at the same time as follows : " And whereas the 
most waightie affaires of this body are nowe, by this present order & 
others formerly made, brought into such a way & methode as there will 




m 




ETewYorli 



INTRODUCTORY CHAPTER. 37 

not henceforthe be neede of soe many Genall Courts to be kept as 
formerly it is therefore ordered that hereafter there shalbe onely two 
Genall Courts kept in a yeare vis. that in the third moneth called May for 
eleccons, and other affaires & the other the first Wednesday in October for 
makeing lawes & other publique occacons of the comonwealthe pro- 
vided that the Govn 1 ' may upon urgent occacon call a Genall Courte att 
any other tyme besides the two Courts before menconed. And whereas 
it may fall out that in some of theis Genall Courts to be holden by the 
magistrates and deputies there may arise some difference of judgment 
in doubtfull cases, it is therefore ordered, that noe lawe order or sen- 
tence shall passe as an act of the Court without the consent of the great r 
pte of the magistrates on the one pte and the great 1 number of the 
deputyes on the other pte ; and fore want of such accorde the cause or 
order shalbe suspended & if either ptee thinke it soe materiall, there 
shall be forthwith a comitte chosen, the one halfe by the magistrates & 
the other halfe by the Deputyes & the comittee soe chosen to elect an 
umpire, whoe together shall have power to heare & determine the cause 
in question." 

The last provision concerning the requisite assent to any act of the 
General Court of a majority of the magistrates, by which term was 
meant the governor, deputy governor and assistants, was a step towards 
an enactment passed in 1644, that the deputies or representatives should 
form one branch of the General Court and the magistrates another, 
each sitting apart and having a negative on the other. Under this 
arrangement the governor presided over the assistants, and the office 
ol speaker was established as the presiding officer in the House of Dep- 
uties. 

The judicial system of the qplony remained as above described until 
1639, with the following divisions : First, the General Court, composed 
of the governor, deputy governor, assistants and deputies, sitting twice 
in each year ; second, the Court of Assistants, or Gr^at Quarter Courts, 
composed of the governor, deputy governor and assistants, sitting at 
Boston four times in the year; and third, the Inferior Courts, kept 
by -magistrates, with associates appointed by the General Court, 
with the right of appeal from Inferior Courts to the Courts of Assistants, 
and last appeal to the General Court. The magistrates and associates 



38 HISTORY OF THE BENCH AND BAR. 

appointed by the General Court to hold the Inferior Courts were as 
follows: For Salem and Saugus, John Humphrey and John Endicott, 
magistrates or assistants, with Captain Turner, Mr. Scruggs and Town- 
send Bishopp, associates; for Ipswich and Newbury, Thomas Dudley, 
Richard Dummer and Simon Bradstreet, magistrates, with Mr. Salton- 
stall and Mr. Spencer, associates ; for Newtown, Charlestown, Medford 
and Concord, John Haynes, Roger Harlakenden and Increase Nowell, 
magistrates, with Mr. Beecher and Mr. Peakes, associates; for Boston, 
Roxbury, Dorchester, Weymouth and Hingham, Richard Bellingham 
and William Coddington, magistrates, with Israel Stoughton, William 
Hutchinson and William Heath, associates. 

In 1639 the law establishing the Courts of Assistants, or Great Quar- 
ter Courts, was amended, and it was ordered "that there be two Courts 
of Assistants yearly kept in Boston by the governor or deputy gov- 
ernor and the rest of the magistrates, on the first Tuesday of the first 
month and on the first Tuesday of the seventh month (March and Sep- 
tember), to hear and determine all and only actions of appeal from 
inferior courts, all causes of divorce, all capital and criminal causes 
extending to life, member or banishment. And that justice be not 
deferred, nor the country needlessly charged, it shall be lawful for the 
governor, or in his absence the deputy governor (as they shall judge 
necessary), to call a Court of Assistants for trial of any malefactor in 
capital causes." 

At the same time, what were called County Courts were established, 
though no counties had at that time been incorporated or organized. 
They were merely the old Inferior Courts with a new name and powers 
more clearly defined. The law concerning them provided that " there 
shall be County Courts held in the several counties by the magistrates 
living in the respective counties, or any other magistrate that can attend 
the same, or by such magistrates as the General Court shall appoint 
from time to time, together with such persons of worth, where there 
shall be need, as shall from time to time be appointed by the General 
Court (at the nomination of the freemen of the county), to be joined in 
commission with the magistrates so that they may be five in all, three 
whereof majr keep a court, provided there be one magistrate ; every of 
which courts shall have full power to hear and determine all causes,. 



INTRODUCTORY CHAPTER. 39 

civil and criminal, not extending to life, member or banishment (which, 
with causes of divorce, are reserved to the Court of Assistants), and to 
make and constitute clerks and other needful officers, and to summon 
juries of inquest and trials out of the towns of the county ; provided 
no jurors shall be warned from Salem to Ipswich, nor from Ipswich to 
Salem." 

It was at the same time ordered " that the governor or deputy gov- 
ernor, with any two magistrates, or when the governor and deputy 
governor cannot attend it, that any three magistrates shall have power 
upon the request of any stranger, to call a special court to hear and 
determine all causes, civil and criminal (triable in any County Court 
according to the manner of proceeding in County Courts), which shall 
arise between such strangers, or wherein any such stranger shall be 
party ; and all records of such proceedings shall be transmitted to the 
records of the Court of Assistants to be entered as trials in other courts, 
which shall be at the charge of the party, or condemned, in the case." 

With regard to the powers and jurisdiction of the County Courts it 
was ordered by the General Court on the 13th of November, 1644, " yt 
ye County Courts in ye jurisdiction shall take care yt ye Indians residg 
in ye sevrall sheires shalbe civilized, & they shall have pow 1 ' to take 
ord r from time to time to have them instructed in ye knowledge of 
God." 

In addition to the courts already mentioned, a military commission, 
or, as it has been called by Washburn in his judicial history, and others, 
a Military Court was established by the General Court on the 4th of 
March, 1634—5, by an order which provided " that the present governor 
(Thomas Dudley), deputy governor (Roger Ludlow), John Winthrop, 
John Humphrey, John Haynes, John Endicott, William Coddington, 
William Pinchon, Increase Nowell, Richard Bellingham and Simon 
Bradstreet, or the major part of them, who are deputed by this court to 
dispose of all military affairs whatsoever, shall have full power and 
authority to see all former laws concerneing all military men & muni- 
cons executed, & also shall have full power to ordeyne or remove all 
military officers, & to make and tender to them an oath suitable to their 
places, to dispose of all companyes, to make orders for them & to make 
and tender to them and to see that strickt dissipline and traineing be 



4 o HISTORY OF THE BENCH AND BAR. 

observed, and to comand them forth upon any occacon they thinke 
meete, to make either offensive or defensive warr as also to doe what- 
soever may be further behoofefull, for the good of this plantacon, in 
case of any warr that may befall us and also that the aforesaid comis- 
sioners or the major pte of them shall have power to imprison or con- 
fine any that they shall judge to be enemyes to the comonwealth & 
such as will not come under comand or restrainte, as they shalbe re- 
quired, & shalbe lawfull for the sd comissioners to putt such persons 
to death. This order to continue till the end of the nexte Generall 
Court." 

It cannot be denied that the appointment of this commission or court 
was an extraordinary one, and transcended the powers conferred by 
the charter. That instrument gave the company the power to carry 
on a defensive, but not an offensive war, and if this was one of the acts 
reported to the home government as usurpations of power, no other 
conclusion can be reached than that the accusation was well founded. 
The commission or court was extended from time to time, but was 
finally allowed to die. 

Before taking up the organization of Suffolk county, to which what 
has been thus far presented to the reader has been somewhat intro- 
ductory, it will be well to furnish a list of those who at various times 
occupied positions which may be considered judicial in their character, 
in connection with the Court of Assistants, from the earliest period of 
the colony to the erection of the Province of Massachusetts Bay in 
1692. 

The governors were John Endicott, 1629, 1644, 1649, 165 I to 1653, 
1655 to 1664; John Winthrop, 1630 to 1633, 1637 to ^39, 1642 to 
1643, 1646 to 1648; Thomas Dudley, 1634, 1640, 1645, 1650; John 
Haynes, 1635; Henry Vane, 1636; Richard Bellingham, 1641, 1654, 
1665 to 167 1 ; John Leverett, 1672 to 1678 ; Simon Bradstreet, 1679 
to 1686, 1689 to 1692. From 1686 to 1689 Joseph Dudley and Ed- 
mund Andros had jurisdiction over New England by royal appoint- 
ment. 

The deputy governors were: Thomas Dudley, 1629 to 1633, l ^37 
to 1639, 1646 to 1649, ^51, 1652; Roger Ludlow, 1634; Richard 
Bellingham, 1635, 1640, 1653, 1655 to 1664; John Winthrop, 1636,. 



INTRODUCTORY CHAPTER. 41 

1644, 1645; J olltl Endicott, 1641 to 1643, 1650, 1654; Francis Wil- 
loughby, 1665 to 1670; John Leverett, 1671, 1672; Samuel Symonds, 
1673 to 1677 ; Simon Bradstreet, 1678 ; Thomas Danforth, 1679 to 
[686, 1689 to 1692. During the administrations of Joseph Dudley and 
Edmund Andros there was no deputy. 

The assistants at various times were as follows: John Winthrop 
1634; Thomas Dudley, 1635-36, 1641-42-43-44-45; Increase Now- 
ell, 1630 to 1655 \ Simon Bradstreet, 1630 to 1675 ; William Pinchon, 
1630 to 1636, 1646 to 1650; John Endicott, 1630 to 1634, 1636 to 
1640, 1645 to 1648: William Coddington, 1630 to 1636; Roger Lud- 
low, 1630 to 1633 ; Richard Saltonstall, 1630 to 1633 ; Isaac Johnson, 
1630; Thomns Sharp, 1630; William Vassall, 1630; Edward Rossiter, 
1630; John Winthrop, jr. , 1632 to 1639, 1640 to 1649; John Hum- 
phrey, 1632 to 1639-40-41; John Haynes, 1634 to 1636; Richard 
Bellingham, 1636 to 1639, 1642 to 1652; Richard Dummer, 1635-36; 
Atherton Hough, 1635 ; Roger Harlakenden, 1636 to 1638 ; Israel 
Stoughton, 1637 to 1643 ; Richard Saltonstall, jr., 1637 to J ^49 
Thomas Flint, 1642 to 1651, 1653 ; Samuel Symonds, 1643 to T ^72 
William Hibbens, 1643 to 1654; William Pinchon, 1642 to 1650 
Herbert Pelham, 1645 to 1649; Robert Bridges, 1647 to ^56; Fran- 
cis Willoughby, 1650-51; Edward Gibbons, 1650-51; Thomas Wig- 
gin, 1650 to 1664; John Glover, 1652-53; Daniel Gookin, 1652 to 
1675 ; Daniel Denison, 1653 to 1682 ; Simon Willard, 1654 to 1675 
Humphrey Atherton, 1654 to 1661 ; Richard Russell, 1659 to 1676 
Thomas Danforth, 1659 to 1678 ; William Hawthorne, 1662 to 1679 
Eleazer Lusher, 1662 to 1672; John Leverett, 1665 to 1670; John 
Pinchon, 1665 to 1686; Edward Tyng, 1668 to 1680; William 
Stoughton, 167 1 to 1686; Thomas Clarke, 1673 to 1677 ; Joseph Dud- 
ley, 1676 to 1683. 1685 ; Peter Bulkley, 1677 to 1684; Nathaniel Sal- 
tonstall, 1679 to 1686; Humphrey Davey, 1679 to 1686; James Rus- 
sell, 1680 to 1686; Samuel Nowell, 1680 to 1686; Peter Tilton, 1680 
to 1686; John Richards, 1680 to 1686; John Hall, 1680 to 1683; 
Bartholomew Gedney, 1680 to 1683 : Thomas Savage, 1680-81 ; Will- 
iam Browne, 1680 to 1683; Samuel Appleton, 1681 to 1686; Robert 
Pike, 1682 to 1686; Daniel Fisher, 1684; John Woodbridge, 1683-84; 
Elisha Cooke, 1684 to !686; William Johnson, 1684 to 1686; John 
6 



42 HISTORY OF THE BENCH AND BAR. 

Hawthorne, 1684 to 1686; Elisha Hutchinson, 1684 to 1686; Sam- 
uel Sevvall, 1684 to 1686; Isaac Addington, 1686; John Smith, 1686; 
Oliver Purchase, chosen in 1685 and declined. The charter required 
the annual election of eighteen assistants, but in violation of its provis- 
ions the number varied from seven to twelve until, in consequence of a 
letter from the king of July 24, 1678, the number prescribed in the 
charter was thereafter chosen. 

Under Joseph Dudley, who assumed by royal appointment in 1686 
the office of president of New England, with William Stoughton as 
deputy president, the office of assistant was suspended and the follow- 
ing councillors were appointed, viz.: Robert Mason, Fitz John Win- 
throp, John Pinchon, Peter Bulkley, Edward Randolph, Wait Still Win 
throp, Richard Wharton, John Usher, Bartholomew Gedney, Jonathan 
Tyng, John Hinckes, Edward Tyng, Nathaniel Saltonstall, Simon Brad- 
street, Dudley Bradstreet, and Francis Champenon. Under Edmund 
Andros the above persons were reappointed to the council, and the follow- 
ing additional persons : Thomas Hinckley, Barnabas Lathrop, William 
Bradford, Daniel Smith, John Walley, Nathaniel Clarke, John Cogge- 
shall, Walter Clark, Walter Newberry, John Sanford, John Greene, 
Richard Arnold, John Albro, Francis Nicholson, Robert Treat, John 
Allyn, Samuel Shrimpton, William Browne, Richard Smith, Simon 
Lynde, Anthony Brockholst, Frederick Phillips, Jarvis Baxter, Stephen 
Van Courtlandt, John Young, Nicholas Bayard, John Palmer, and John 
Sprague. Of the above Nathaniel Saltonstall, Simon Bradstreet, Dud- 
ley Bradstreet and Francis Champenon did not accept their appoint- 
ments. 

Thus far no reference has been made to enactments concerning the 
courts and judiciary after the organization of Suffolk county in 1643 
There only remains to complete the record of the earlier period some 
account of lesser local courts, and of the legislation concerning wills 
and the settlement of estates of persons deceased. It was first provided 
by an order of the General Court, passed on the 9th of September, 
1639, " That there bee records kept of all wills, administrations & in- 
ventories ; as also the dayes of every marriage, birth and death of every 
pson within this jurisdiction." These records were evidently intended 
to be kept by the clerks of the courts, as the preamble to the above 





zz^y 



YY ' 



INTRODUCTORY CHAPTER. 43 

order says, " Whereas, many judgments have been given in our Courts 
whereof one hundred and ten records are kept of the evidence 
and reasons whereupon the verdict and judgment did pass, the records 
whereof being duly entered and kept, would be of good use for prece- 
dent to posterity, and a relief to such as shall have just cause to have 
their causes reheard and reviewed ; It is therefore by this Court ordered 
and declared that henceforth every judgment with all the evidence be 
recorded in a book to be kept to posterity." Immediately following 
this preamble as an item is the provision concerning wills above quo- 
ted. No further legislation was had before the incorporation of the 
county. 

With regard to the lesser local courts it was ordered at a General 
Court held on the 6th of September, 1638, " that any magistrate [as- 
sistant] in the towne where hee dwells may heare and determine by his 
discretion all causes whearin the debt, or trespas, or damage, etc., doth 
not exceede 20 s ; & in such towne where no magistrate dwells the Gen- 
erall Court shall from time to time nominate 3 men two whereof shall 
have like power to heare & determine all such actions under 20 s ; & 
if any of the pties shall find themselves greived with any such end or 
sentence, they may appeale to the next quarter Courte or Courte of 
Assistants, etc. And if any pson shall bring any such action to the 
Court of Assistants before hee hath endeavored to have it ended at 
home (as in this order is appointed) hee shall lose his action & pay the 
defendant costs. If no appeale bee put in the day of the sentence upon 
such small actions the magistrate or the said 2 chosen men shall grant 
execution." 

Such, then, was the judicial system at the time ef the incorporation 
of Suffolk county in 1643. First, the General Court, with appellate ju- 
risdiction from the Court of Assistants ; second, the Court of Assistants, 
with appellate jurisdiction from the lower courts ; third, the County 
Courts, with the probate of wills included in their jurisdiction ; fourth, 
Stranger's Court, and fifth, Magistrate's Court. After the incorporation 
of the county laws were passed, during the colonial life of Massachu- 
setts, concerning these courts and establishing others, to which reference 
will be hereafter made. 



4i HISTORY OF THE BENCH AND BAR. 

At a meeting of the General Court held in Boston on the ioth of May, 
1643, it was ordered "that the whole plantation within this jurisdiction 
be divided into four sheires to wit: 

Essex — Salem, Lynn, Enon (VVenham), Ipswich, Rowley, Newbury, 
Gloucester and Chochicawick (Andover.) 

Middlesex. — Charleston, Cambridge, Watertown, Sudbury, Concord, 
Woburn, Medford, Linn Village (Reading). 

Suffolk. — Boston, Roxbury, Dorchester, Dedham, Braintree, Wey- 
mouth, Hingham, Nantasket (Hull). 

Norfolk. — Salisbury, Hampton, Haverhill, Exeter, Dover, Strawberry 
Bank (Portsmouth). 

These were the first counties incorporated in Massachusetts, and in 
the order establishing them, were called "Sheires," or Shires. When 
what were called the County Courts were established in 1639 the word 
" County" bore a different meaning from that which afterwards and now 
prevails. It meant merely, in the language of Worcester's dictionary, 
"a civil division of a State for political or judicial purposes." In the 
application of the word to courts, it merely denominated courts to be 
held and to hold jurisdiction in limited and defined districts. 

Of the towns included in Suffolk shire the incorporation (settlement) 
of Boston is reckoned on the 7th of September, 1630 (old style). It was 
incorporated as a city February 23, 1822. Roxbury was incorporated 
as a town September 28, 1630; as a city, March 12, 1846, and annexed 
to Boston June I, 1867; Dorchester as a town, September 7, 1630, 
and annexed to Boston June 4, 1869 ; Dedham as a town, September 8, 
1636 ; Braintree as a town, May 13, 1640 ; Weymouth as a town, Sep- 
tember 2, 1635; Hingham as a town, September 2, 1635, and Nan- 
tasket May 29, 1644, an d its name changed to Hull on or before May 26, 
1647. 

It is proper to state that the Norfolk shire, or county, above men- 
tioned, included some towns within the limits of New Hampshire when 
that territory became a royal province, and that by an act of the Gen- 
eral Court, passed February 4, 1679-80, the county was extinguished 
and the Massachusetts towns within its bounds were annexed to Essex 
county. 

With regard to Suffolk county, it is not proposed to state the various 
changes which have taken place in its territorial limits, as no detailed 



INTRODUCTORY CHAPTER. 45 

general history of the county would be properly within the scope of 
this narrative. It is only necessary to say that it now includes Boston, 
incorporated, or settled, as above stated, with its various additions and 
losses of territory; Chelsea, set off from Boston and incorporated as a 
town January 10, 1 739, and as a city March 13, 1857 ; Revere, set off 
from Chelsea and incorporated as North Chelsea March 10, 1846, and 
its name changed to Revere March 24, 1871 ; and Winthrop, set off from 
North Chelsea and incorporated as a town March 27, 1852. 

When the present Norfolk county was incorporated on the 26th of 
March, 1 793, all the towns in Suffolk county, except Boston and Chelsea, 
were placed in that county. Thus Hingham, and Hull, and Cohasset, 
which last had been set off from Hingham and incorporated as a town 
April 26, 1770, became parts of Norfolk county. Hingham and Hull 
being dissatisfied with their new connection, were, at the same session 
of the General Court, exempted from the act of incorporation, and were 
finally annexed to Plymouth county. Such is the explanation of the 
mystery, so puzzling to many, that Cohasset should be surrounded by 
Plymouth county towns, and yet be a part of Norfolk county. 

In 1647 an d !649, after the incorporation of Suffolk county, an act 
was passed defining and enlarging the jurisdiction of the petty or magis- 
trate's court, and providing that "any magistrate in the town where he 
dwells may hear and determine by his discretion (not by jury), accord- 
ing to the laws here established, all cases arising in that county wherein 
the debt, trespass, or damage doth not exceed forty shillings, who may 
send for parties and witnesses by summons or attachment directed to 
the marshal or constable, who shall faithfully execute the same. 

" And it is further ordered, that in such towns where no magistrate 
dwells, the Court of Assistants, or County Courts, may, from time to 
time, upon request of the said towns, signified under the hand of the 
constable, appoint three of the freemen as commissioners in such cases, 
any two whereof shall have like power to hear and determine all such 
causes, wherein either party is an inhabitant of that town, who have 
hereby power to send for parties and witnesses, by summons or attach- 
ment directed to the constable, as also to adminster oaths to witnesses 
and to give time to the defendant to answer if they see cause ; and if 
the party summoned refuse to give in his bond or appearance, or 



46 HISTORY OF THE BENCH AND BAR. 

sentenced refuse to give satisfaction where no goods appear in the 
same town where the party dwells, they may charge the consta- 
ble with the party, to carry him before a magistrate, or Shire Court (if 
then sitting), to be further proceeded with according to law; but the 
said commissioners may not commit to prison in any case And where 
the parties live in several towns, the defendant shall be liable to be sued 
in either town, at the liberty of the plaintiff." It was also ordered " that 
in all small causes as aforesaid, where only one magistrate dwells in the 
town, and the cause concerns himself, as also in such towns where no 
magistrate is, and the cause concerns any of the three commissioners, 
that in such cases the selectmen of the town shall have power to hear 
and determine the same, and also to grant execution for the levying and 
gathering up such damages for the use of the person damnified, as one 
magistrate or three commissioners may do. And no debt or action 
proper to the cognizance of one magistrate, or the three commissioners 
as aforesaid, shall be received into any County Court, but by appeal 
from such magistrate or commissioners, except in cases of defamation 
and battery." 

In 165 i it was provided by law "that there be seven freemen resi- 
dent in Boston annually chosen by the freemen of the said town and 
presented to the Court of Assistants, who hereby have power to author- 
ize the seven freemen to be commissioners of the said town, to act in 
things committed to their trust, as is hereafter expressed ; who shall 
from time to time be sworn before the said court, or the Governor, 
Deputy Governor or any two magistrates And this court doth hereby 
give and grant commission and authority unto the said seven men, or any 
five of them, or any three of them with one magistrate, to hear and deter- 
mine all civil actions which shall be brought before them not exceeding 
the sum of ten pounds, arising within the neck of land on which the 
town is situate, as also on Noddles Island, or betwixt any persons where 
both parties shall be inhabitants or residents within the said Neck or 
Noddles Island aforesaid, or where either party shall be an inhabitant 
or resident aforesaid ; provided they keep a book of records for the en- 
try of all causes, evidences, testimonies, sentences and judgments as the 
law provides in like cases; which said commissioners are authorized an- 
nually to appoint a clerk of their court and to demand and receive of 



INTRODUCTORY CHAPTER. 47 

every plaintiff in all cases or actions not exceeding forty shillings the 
sum of three shillings four pence ; and for all other actions the sum 
often shillings ; and for all other things the accustomed fees; and the 
said commissioners shall from time to time publish their court days, as 
the three commissioners in towns are bound to. And for the discov- 
ery, prevention and punishment of misdemeanors in the town of Boston : 
Power and authority is hereby given and granted to the said commis- 
sioners, and every of them, by warrant under their or his hand, to con- 
vent before them, or any of them, all such persons as shall be complained 
of for such offences or otherwise brought to their cognizance, and to 
hear and determine the same according to the laws here established, as 
any magistrate may do, provided the fines imposed by them do not ex- 
ceed forty shillings for one offence." It was further provided, in order 
that breaches of the peace might be more effectually suppressed, that 
all " marshals and constables, and other inhabitants should aid and as- 
sist the commissioners" in the performance of their duty, and that none 
should be appointed commissioner " but such whose conversation is in- 
offensive and whose fidelity to the country is sufficiently known and ap- 
proved of by the County Court of the shire." This court was created 
for one year, and, as Hutchinson says, in consequence of a growing jeal- 
ousy of Boston, was not renewed. The selectmen of towns were also 
authorized to try offences against their own by-laws where the penalty 
did not exceed twenty shillings, provided the offence was not a crimi- 
nal one. 

In May, 1685, a Court of Chancery was established by law. It was 
provided as follows: " Whereas it is found by experience that in many 
cases and controversies betwixt parties, wherein there is matter of ap- 
parent equity, there hath been no way provided for relief against the 
rigour of the common law, but by application to the General Court; 
where by reason of the weighty affairs of the country of more public 
concernment, particular persons have been delayed to their no small 
trouble and charge; and also great expense occasioned to the public by 
the long attendance of so many persons as that court consists of, to 
hear and determine personal causes brought before them. For ease and 
redress whereof it is ordered and enacted by this court, that the magis- 
trates of each County Court within this jurisdiction, being annually 



48 HISTORY OF THE BENCH AND BAR. 

chosen by the freemen, be and hereby are authorized and empowered 
as a Court of Chancery, upon bill of complaint or information exhibited 
to them, containing matter of apparent equity, to grant summons or pro- 
cess as in other cases is usual, briefly specifying the matter of complaint, 
to require the defendant's appearance at a day and place assigned by the 
court to make answer thereunto; and also to grant summons for witnesses 
in behalf of either party, to examine parties and witnesses by interro- 
gations upon oath, proper to the case if the judges see cause to require it ; 
and if any party being legally summoned shall refuse or neglect to make 
his appearance and answer, the case shall proceed to hearing and issue 
as is provided in cases at common law ; and upon a full hearing and 
consideration of what shall be pleaded and presented as evidence in any 
such case, the court to make their decree and determination according 
to the rule of equity, secundum equum et bonum, and to grant execu- 
tion thereon ; provided always that either party, plaintiff or defendant, 
who shall find himself aggrieved at the determination of the said County 
Court, shall have liberty to make his appeal to the magistrates of the 
next Court of Assistants, giving in security for prosecution and the 
reason of his appeal to the officers of the said County Court, as the law 
provides in other cases ; where the judges of the former court may have 
liberty to allege and show the grounds and reasons of their determina- 
tion, but shall not vote nor judge in the said Court of Assistants ; and 
the judgment or decree of the said Court of Assistants shall be a full 
and final issue and determination of all such cases, without any after re- 
view or appeal ; unless upon application made by either party to the 
General Court, the said court shall see meet to order a second hearing 
of the case at the County Court with liberty of appeal as aforesaid, or 
in any arduous and difficult cases to admit a hearing and determination 
by the General Court; and that a suitable oath be drawn up and agreed 
upon to be administered to those who shall be judges; and in all cases 
of this nature brought to the County Court, the party complaining be- 
fore his bill be filed and process granted shall give sufficient security to 
the clerk of the court to defray the necessary charge and attendance of 
the court." 

Though juries were in use as early September, 1630, the first legis- 
lation concerning them appears to have been in 1634, when it was 



INTRODUCTORY CHAPTER. 49 

ordered " that the secretary or clerk of every court shall in convenient 
time before the sitting of the court send warrants to the constables of 
the several towns of the jurisdiction of the court for jurymen propor- 
tionable to the inhabitants of each town ; and the constable, on the 
receipt of such warrant, shall give timely notice to the freemen of their 
respective towns, to choose so many able, discreet men as the warrant 
shall require, which men, so chosen, he shall warn to attend the court 
whereto they are appointed, and shall make return of the warrant unto 
the clerk aforesaid." Jurymen were allowed four shillings per day, and all 
jurors serving at the Court of Assistants at Boston were to be summoned 
out of the counties of Suffolk and Middlesex. On* the 4th of March 
1634-5, ^ was ordered that two grand juries be summoned annually, "the 
one to informe the Courts in March, and the other to informe the court 
in September yearely, of the breaches of any order or other misdemeanor 
that they shall know or heare to be comitted by any person or persons 
within this jurisdiction, or to doe any other service of the comon- 
wealth that they shalbe enjoyned." 

It was required by an order passed on the 10th of December, 164.1, 
that in every town a clerk of the writs should be chosen, approved by 
County Courts, authorized " to grant summons and attachments in 
civil actions and summons for witnesses, to grant replevins and to 
take bonds with sufficient security to the party to prosecute the suit." 
They were also required to record all births and deaths of persons in 
their towns and for every birth and death they so record they shall be 
allowed three pence; and they shall yearly deliver in to the recorder of 
the court of the jurisdiction where they live a true transcript thereof, to- 
gether with so many pence as there are births and deaths to be recorded. 
It was required also that "every new married man shall likewise bring 
a certificate under the hand of the magistrate who married him unto 
the clerk of the writs, to be by him recorded, who shall be allowed three 
pence for the same ; and the said clerk shall deliver as aforesaid unto 
the recorder a certificate with a penny a name for recording the said 
marriage." 

So far as probate matters are concerned there was no change in the 
jurisdiction of the County Court over them during the colonial period, 
except during the presidency of Joseph Dudley and the administration 
7 



50 HISTORY OF THE BENCH AND BAR. 

of Andros. Dudley personally assumed probate jurisdiction, but dele- 
gated it in some counties to probate judges of his own appointment. 
Andros personally directed the settlement of estates exceeding fifty 
pounds and delegated others to judges appointed by him. After the 
deposition of Andrews the old probate methods were resumed and con- 
tinued until the union of the colonies in 1692. 

The executive officer of the court was at first called beadle and after- 
wards during the colonial period marshal. Those who held the office 
were James Perm, appointed by the court September 25, 1634; Edward 
Michelson, who is mentioned in the records of the court May 27, 1660, 
as having occupied the office many years ; John Greene, chosen May 
27, 168 1, and Samuel Gookin, appointed in 1691. 

In 1642 it was ordered "that all causes between party and party 
shall first be tried in some inferior court ; and that if the party against 
whom the judgment shall pass shall have any new evidence, or other 
new matter to plead, he may desire a new trial in the same court 
upon a bill of review, and if justice shall not be done him upon that 
trial, he may then come to the General Court for relief." In the pre- 
vious year it was ordered that "in all actions of law it shall be the lib- 
erty of the plaintiff and defendant by mutual consent to choose whether 
they will be tried by the bench, or by the bench and jury, unless it be 
where the law upon just reason hath otherwise determined ; the like 
liberty shall be granted to all persons in any criminal case. And it 
shall be in the liberty of both plaintiff and defendant, and likewise of 
every delinquent to be judged by a jury, to challenge any of the jurors, 
and if the challenge be found just and reasonable by the bench or the 
rest of the jury, as the challenger shall choose, it shall be allowed him, 
and tales de circumstantibus empaneled in their room." 

With regard to witnesses it was enacted in May, 1647, "that no man 
shall be put to death without the testimony of two or three witnesses or 
that which is equivalent thereto," and " that any one magistrate or com- 
missioner authorized thereunto by the General Court may take the testi- 
mony of any person of fourteen years of age, or above, of sound under- 
standing and reputation, in any case, civil or criminal, and shall keep the 
same in his own hands till the court, or deliver it to the recorder (clerk), 
public notary or clerk of the writs, to be recorded, that so nothing may 



INTRODUCTORY CHAPTER. 51 

be altered in it. Provided that when any such witness shall have his 
abode within ten miles of the court, and there living and not disen- 
abled by sickness or other infirmity, the said testimony so taken out of 
court shall not be received or made use of in the court, except the 
witnesses be also present to be further examined upon it, and provided 
also that in all capital cases all witnesses shall be present wheresoever 
they dwell." And it was further ordered " that any person summoned 
to appear as a witness in any civil court between party and party, shall 
not be compelled to travel to any court or place where he is to give his 
testimony, except he who shall so summon him shall lay down or give 
him satisfaction for his travel and expenses outward and homeward ; 
and for such time as he shall spend in attendance in such case, when 
he is at such court or place, the court shall award due recompense. 
And it is ordered that two shillings a day shall be accounted due satis- 
faction to any witness for travel and expenses ; and that when the wit- 
ness dwelleth within three miles, and is not at charge to pass over any 
other ferry than betwixt Boston and Charlestown, then one shilling and 
sixpence per diem shall be accounted sufficient; and if any witness, after 
such payment or satisfaction, shall fail to appear to give his testimony 
he shall be liable to pay the parties damages upon an action of the case. 
And all witnesses in criminal cases shall have suitable satisfaction paid 
by the treasurer, upon warrant from the court or judge before whom 
the case is tried. And the charges of witnesses in all cases shall be 
borne by the parties delinquent and shall be added to the fines imposed, 
that so the treasurer having, upon warrant from the court or other 
judge, satisfied such witnesses, it may be repaid him with the fine, that 
so the witness may be timely satisfied, and the country not damnified." 

Washburn says that "verdicts were sometimes rendered that there 
were strong grounds of suspicion, but not sufficient evidence to convict, 
and upon such verdicts the court gave sentence for what appeared to 
them, on the trial, the defendant had been guilty of, although neither 
charged in the indictment nor found by the jury. This may have led 
to the adoption of that part of the oath administered to jurors in crimi- 
nal cases, that if they find the defendant not guilty, they are to say so 
and no more." 

It is unnecessary to go further in explaining the condition of judicial 
affairs in the colony before the assumption of office by Joseph Dudley 



52 HISTORY OF THE BENCH AND BAR. 

as president of Massachusetts Bay, New Hampshire, Maine and the 
Narragansett country or the King's Province. The colony charter was 
vacated on the 1 8th of June, 1684, and Dudley received his commission 
May 15, 1686. He was a member of the colony and an assistant at the 
time of his appointment. William Stoughton, also an assistant, was 
commissioned deputy president, and fifteen persons, whose names have 
already been given in this narrative, were appointed councillors. The 
Governor and Council were made a Court of Record for the trial of civil 
and criminal matters, and had the authority to establish courts and ap- 
point judges to preside over them. They set up a Superior Court, 
composed of a majority of the councillors, to sit three times a year at 
Boston and "Courts of Pleas and Sessions of the Peace" in the several 
counties. William Stoughton was appointed to preside in the County 
Courts of Suffolk, Middlesex and Essex, with John Richards and Simon 
Lynde as assistants. These courts were established July 26, 1686, and 
at the same time the admission of attorneys was regulated and a form 
of oath prescribed to be taken by them. Benjamin Bullivant, a physi- 
cian and apothecary, was appointed attorney-general and Giles Masters, 
Anthony Checkley, Mr. John Watson, Capt. Nathanial Thomas and 
Mr. Christopher Webb were admitted and sworn as attorneys. Bullivant 
was also appointed, November 2, 1686, clerk of the Superior Court, 
Daniel Allen and Thomas Dudley clerks of Suffolk, and John Winch- 
comb and Nathaniel Page marshals. 

The administration of Dudley was so brief that it is unnecessary to 
say more of its judicial features. Edmund Andros was commissioned 
governcr of New England and arrived in Boston on the 19th of Decem- 
ber, 1686. His commission embraced the whole of New England and 
included, what the commission of Dudley did not, the Plymouth as 
well as the Massachusetts Colony. He appointed thirty nine council- 
lors, whose names have already been given, and delegated the powers 
of making and executing the laws to the Governor and Council, subject 
to the approval of the crown. He declared all public lands vested in 
the king, and required grantees to prove their title. The Governor and 
Council were made a Court of Record, and jurisdiction in cases concern- 
ing lands and not involving a sum of forty shillings was given to justices 
of the peace. He also established a " Quarterly Sessions Court," held 



INI ROD UC 'TORY CHAPTER. 53 

by the several justices in their respective counties, and an " Inferior 
Court of Common Pleas," to be held in each county by a judge assisted 
by two or more justices of the county, with a limitation of jurisdiction 
in Boston to twenty pounds, where the court was to sit once in two 
months, and in other counties to ten pounds, where it was to sit an- 
nually. In addition to these the "Superior Court of Judicature" was 
established, with jurisdiction over all civil and criminal matters in the 
colony and in which no action could be begun for the recovery of less 
than ten pounds, unless a question of freehold was involved. This 
court was to be held in Boston, Cambridge, Charlestown, Plymouth, 
Bristol, Newport, Salem, Ipswich, Portsmouth, Falmouth (Portland), 
Northampton and Springfield, and Joseph Dudley was appointed its 
chief justice. Besides a Court of Chancery special courts of Oyer and 
Terminer were appointed at various times. Under Andros marshals 
became sheriffs. The Superior Court of Judicature had three judges, 
and with Joseph Dudley, the chief justice, were associated William 
Stoughton and Peter Bulkley, and afterwards at various times, Samuel 
Shrimpton, Simon Lynde, Charles Lidget, John West and John Usher. 
George Farwell was made attorney- general and clerk of the Supreme 
Court, succeeding Benjamin Bullivant, the incumbent under Dudley, and 
James Graham succeeded Farwell. James Sherlock was made sheriff. 

When the news of the English revolution reached New England and 
of the accession of William and Mary, Simon Bradstreet, the last gov- 
ernor before the administration of Dudley, resumed his office on the 
1 8th day of April, 1689, a new house of deputies was chosen and the 
administration of affairs was conducted as before the revocation 
of the charter. The Court of Assistants resumed its sessions in 
December and the County Court in Suffolk in July, 1689. Anthony 
Checkley was chosen attorney-general and John Greene marshal- 
general of the colony. No further changes occurred under the colonial 
charter. A new charter, embracing Massachusetts, Plymouth, Maine, 
Nova Scotia, and the intervening territory in one government, by the 
name of the " Province of the Massachusetts Bay in New England," 
passed the seals on the 7th of March, 1691, and reached Boston May 
14, 1692. 

The new charter provided that the governor and lieutenant-gover- 
nor and secretary should be appointed by the king, that a board of 



54 HISTORY OF THE BENCH AND BAR. 

twenty- eight councillors should be chosen by the General Court, and a 
House of Representatives should be chosen annually by the people. 

Limited space forbids the recital of the full text of the charter, but 
reference to some of its provisions will enable the reader to better un- 
derstand subsequent legislation concerning the judicial affairs of the 
province. Its opening paragraphs rehearse the charter issued by James 
the First to the " Northern Virginia Company," or, as it was afterwards 
called, " the council established at Plymouth, in the county of Devon," 
on the 3d of November, 1606, and the grant or patent of said council 
to the Massachusetts Company on the 19th of March, 1627-8; together 
with the charter issued by Charles the First to said company on the 4th 
of March, 1628-9, and the revocation and vacation of said charter in the 
term of Holy Trinity in the thirty-sixth year of the reign of Charles the 
Second. It then declares that in conformity with the wishes of the agents 
of the Massachusetts Company, and for the purpose of bringing the 
colony of New Plymouth under such a form of government as may put 
them in a better condition for defence, the colony of "the Massachusetts 
Bay, the colony of New Plymouth, the province of Maine, the territory 
called Acadia, or Nova Scotia," and all the territory between Nova Scotia 
and Maine, are incorporated into one province by the name of the "Prov- 
ince of the Massachusetts Bay in New England." To the inhabitants of 
the said province was given all that part of New England extending from 
three miles north of the Merrimac River on the north part, to the Atlantic, 
or Western sea, on the south part, and westward as far as the colonies 
of Rhode Island, Connecticut, and the Narragansett country. "And, 
also, all that part and portion of mainland beginning at the entrance of 
Piscataway harbor, and so to pass up the same into the river of Newich- 
wannock, and through the same into the furthest head thereof, and from 
thence northwestward, till one hundred and twenty miles be finished, 
and from Piscataway harbor mouth aforesaid northeastward, along the 
sea coast to Sagadehock, and from the period of one hundred and twen- 
ty miles aforesaid to cross overland to the one hundred and twenty 
miles before reckoned up into the land of Piscataway harbor, through 
Newichwannock river, and also the north half of the Isles of Shoals, to- 
gether with the Isles of Capawock and Nantucket." 

It was provided that all estates " which any person, or persons, or 
body politic or corporate, towns, villages, colleges or schools," hold un- 



INTRODUCTORY CHAPTER. 55 

der grants from any General Court, shall continue to be enjoyed by 
them under their grants. 

So far as the government of the province was concerned, it declared 
that there should be one governor, one lieutenant-governor, and one 
secretary to be appointed by the crown, and twenty- eight assistants, or 
councillors, to be chosen by the General Court annually. Isaac Ad- 
dington was declared the first secretary, and a provisional board of 
councillors was appointed, consisting of Simon Bradstreet, John Rich- 
ards, Nathaniel Saltonstall, Wait Winthrop, John Phillips, James Bur- 
rell, Samuel Sewall, Samuel Appleton, Bartholomew Gedney, John 
Hathorne, Elisha Hutchinson, Robert Pike, Jonathan Corwin, John 
JolifTe, Adam Winthrop, Richard Middlecot, John Foster, Peter Ser- 
geant, John Lynde, Samuel Heyman, Stephen Mason, Thomas Hinck- 
ley, William Bradford, John Walley, Barnabas Lathrop, Job Alcot, 
Samuel Daniel and Sylvanus Davis. 

It was provided that the governor, and at least seven of the coun- 
cillors, should meet from time to time "for the ordering and directing 
the affairs" of the province, and a General Assembly should be chosen 
consisting of two representatives, and no more, from each town. To 
the governor was given the power to adjourn, prorogue and dissolve 
the General Assembly whenever he might judge it necessary. At least 
eighteen of the councillors must be inhabitants of the territory of the 
old Massachusetts colony, four of the New Plymouth colony, three of the 
province of Maine, and one an inhabitant of the territory lying between 
the Sagadehock River and Nova Scotia. 

Authority was given to the governor, with the advice and consent of 
of the council from time to time, to nominate and appoint, " Judges, 
Commissioners of Oyer and Terminer, Sheriffs, Provosts, Marshals, Jus- 
tices of the Peace, and other officers, to our Council and Courts of Jus- 
tice belonging." 

It was also declared, " for the greater care and encouragement of our 
loving subjects inhabiting our said province or territory of the Massa- 
chusetts Bay, and of such as shall come to inhabit there, we do by these 
presents, for us, our heirs and successors, grant, establish, and ordain, 
that for ever hereafter there shall be a liberty of conscience allowed in 
the worship of God to all Christians (except papists) inhabiting, or 
which shall inhabit or be resident within our said province or territory." 



56 HISTORY OF THE BENCH AND BAR. 

To the General Court was given the power to erect and establish 
judicatories and courts of record, or other courts, for the hearing, try- 
ing and determining "all manner of crimes, offences, pleas, processes, 
plaints, actions, matters, causes and things whatsoever, arising or hap- 
pening within the province," and to the Governor and Council "the 
power to execute or perform all that is necessary for the probate of wills 
and granting administrations." 

An appeal could be had from the judgment or sentence of any court 
to the Privy Council within fourteen days, provided the amount in- 
volved exceeded three hundred pounds sterling. The General Court 
was authorized to make all manner of reasonable laws, either with pen- 
alties or without, both for the good order of the province and for its 
support and defence, but the veto power in elections, as well as in the 
enactment of laws, was conferred on the governor ; and it was further 
provided, that all orders, laws, statutes, and ordinances, should be trans- 
mitted to the crown for approval, and that in case any of them were 
rejected by the Privy Council within three years, they should become 
void. A further provision was added, that " the exercise of any Ad- 
miral Court jurisdiction power or authority is reserved, to be from time 
to time erected, granted and exercised by virtue of commissions under 
the great seal of England, or under the seal of the high admiral, or the 
commissioners for executing the office of high admiral of England." 

The charter was dated October 7, 1691, and, as has been stated, 
reached Boston May 14, 1692, when William Phipps, the first royal 
governor, assumed the reins of power, with William Stoughton as lieu- 
tenant-governor. An explanatory charter, chiefly relating to the elec- 
tion of a speaker of the House of Assembly was granted by King George, 
dated August 26, 1726, which contains no reference to the administra- 
tion of justice. On the 8th of June, 1692, the first General Court con- 
vened, but such was the popular excitement concerning the witchcraft 
delusion, that Governor Phipps, without any authority conferred by the 
charter, issued commissions bearing date of June 2, 1692, to a Special 
Court of Oyer and Terminer, consisting of William Stoughton, chief 
justice, and Nathaniel Saltonstall, John Richards, Bartholomew Gedney, 
Wait Winthrop, Samuel Sewall and Peter Sergeant, associate judges, 
to take cognizance of crimes in Suffolk, Essex and Middlesex. Mr. Sal- 



INTRODUCTORY C RAFTER. 57 

tonstall declined the position, and Jonathan Corwin was appointed in 
his place. Stephen Sewall was made clerk of the court; Thomas New- 
ton, their majesties' attorney ; Anthony Checkley, attorney-general; 
and George Corwin, sheriff. Washburn states that the commission to 
Checkley informed him that he was to act in the court " assigned to 
inquire of, hear and determine for this time, all and all manner of fel- 
onies, witchcraft, crimes and offences how, or by whomsoever done, 
committed or perpetrated within the several counties of Suffolk, Essex 
and Middlesex." This court sat at various times between the 2d of June 
and the 17th of September, and condemned nineteen persons to be 
hung and one to be pressed to death. As the trials were outside of the 
courts of Suffolk county, their history does not come within the scope 
of this narrative. It is interesting, however, to note that no lawyer was 
connected with the court. Stoughton and Sewall were clergymen, Win- 
throp and Gedney were physicians, Sergeant a gentleman, probably 
without a profession, and Richards, and Corwin, and Checkley, the at- 
torney-general, were merchants. It may not, however, be improper to 
interpose some defence of a court upon which so much obloquy has been 
cast, as if they were specially infected by a delusion, which seems to 
us in later times so unreasonable and abhorrent The fact is, that a be- 
lief in witchcraft was as universal as the belief that the Bible was the in- 
spired word of God. Theologians, especially, were convinced of its 
existence, and it is possible that to Stoughton and Sewall, the clergy- 
men on the bench, the convictions and punishments were due. In the 
1 8th verse of the 22d chapter of Exodus we find the command " Thou 
shalt not suffer a witch to live." In the 27th verse of the 20th chapter 
of Leviticus are these words: " A man also, or a woman, that hath a 
familiar spirit, or that is a wizard, shall surely be put to death; they 
shall stone him with stones ; their blood shall be upon them ;" and in 
the 1 8th chapter of Deuteronomy, 10th, nth, and 12th verses, it is 
written: "There shall not be found among you any one that maketh 
his son or his daughter to pass through the fire, or that useth divination, 
or an observer of times, as an enchanter or a witch ; or a charmer, or a 
consulter with familiar spirits, or a wizard, or a necromancer, for all 
that do these things are an abomination unto the Lord ; and because of 
these abominations the Lord thy God doth drive them out from before 

8 



5 8 HISTORY OF THE BENCH AND BAR. 

thee." It is not improbable that the victims of delusion were as firm in 
their belief as any, and accepted their punishment with a conviction of 
the righteousness of its infliction. 

The first act relating to the courts was passed by the General Court 
June 28, and published on the 2d of July. It was as follows : 

" An act for the holding of Courts of Justice. 

" Forasmuch as the orderly regulation and well establishment of Courts 
of Justice is of great concernment, and the public occasions with 
reference to the war, and otherwise being so pressing at this season that 
this Court cannot now conveniently set longer to advise upon and fully 
settle the same, but to the intent that justice be not obstructed or 
delayed, 

" Be it ordained and enacted, by the Governor, Council and Rep- 
resentatives, convened in general assembly, and it is ordained by 
authority of the same, 

" Sec. 1. That on or before the last Tuesday of July next there be a 
general sessions of the peace held and kept in each respective county 
within this province, by the justices of the same county, or three of them 
at least (the first justice of the quorum then present to preside), who 
are hereby empowered to hear and determine all matters relating to the 
conservation of the peace, and whatsoever is by them cognizable ac- 
cording to law, and to grant licenses to such persons within the same 
county, being first approved of by the selectmen of each town where 
such persons dwell, whom they shall think fit to be employed as inn- 
holders or retailers of wines or strong liquors, and that sessions of the 
peace be successively held, and kept as aforesaid within the several coun 
ties at the same times and places as the County Courts or inferior 
courts of common pleas are hereafter appointed to be kept. 

" And it is further enacted by the authority aforesaid, 

"Sec. 2. That the County Courts, or inferior courts of common pleas, 
and kept in each respective county by the justices of the same county, 
or three of them at least (the first justice of the quorum then present to 
preside), at the same times and places they have been formerly kept ac- 
cording to law, for the hearing and determining of all civil actions 
arising or happening within the same, triable at the common law accord- 
ing to former usage; the justices for holding and keeping of the said 



INTRODUCTORY CHAPTER. 59 

Court within the county of Suffolk to be particularly appointed and 
commissionated by the Governor, with the advice, and consent of the 
Council. And that all writs or attachments shall issue out of the clerk's 
office of the said several courts, signed by the clerk of such court, 
directed unto the sheriff of the county, his under sheriff or deputy. 
The jurors to serve at said courts to be chosen according to former 
custom, by and of the freeholders and other inhabitants, qualified as is 
directed in their majesties' royal charter. This act to continue until 
other provision be made by the General Court or Assembly." 

Prior to the passage of the above act it was ordered that all the local 
laws made by the Governor and Company of the Massachusetts Bay, and 
the government of New Plymouth, not repugnant to the laws of Eng- 
land, " nor inconsistent with the present constitution and settlement by 
their majesties' royal charter, do remain and continue in full force in the 
respective places for which they were made and used, until the iothday 
of November next, except in cases where other provision is or shall be 
made by this Court or Assembly; and all persons are required to conform 
themselves accordingly; and the several justices are hereby empowered 
to the execution of said laws as the the magistrates formerly were." 

The act for the holding of courts of justice was disallowed by the 
Privy Council on the 22d of August, 1695, because a distinction was 
made in the manner of appointing justices for the county of Suffolk 
and other counties. 

On the 25th of November, 1692, at the second session of the General 
Court, an act was passed for the establishing of judicatories and courts 
of justice within the province. It provided, 

" Sec. 1. That all manner of debts, trespasses and other matters not 
exceeding the value of forty shillings (wherein the title of land is not 
concerned) shall and may be heard, tried, adjudged and determined by 
any of their majesties' justices of the peace of this province, with- 
in the respective counties where he resides ; who is hereby empow- 
ered upon complaint made, to grant a warrant or summons against the 
party complained of seven days before the day of trial or hearing, 
thereby requiring him or them to appear and answer the said complaint, 
and in case of non-appearance to issue out a warrant of contempt 
directed to the constable or other officers, to bring the contemner before 



60 HISTORY OF THE BENCH AND BAR. 

him, as well to answer the said contempt, as the plaintiff's action, and if 
he sees cause, to fine the said contemner ; 

" Be it further enacted and ordained by the authority aforesaid, 
" Sec. 4. That there shall be held and kept in each respective county 
within the province, yearly, at the times and places hereafter named and 
expressed, four courts or quarter sessions of the peace, by justices of 
peace of the same county, who are hereby empowered to hear and de- 
termine all matters relating to the conservation of the peace, and pun- 
ishment of offenders, and whatsoever is by them cognizable according 
to law ; that is to say, for the county of Suffolk at Boston on the first 
Tuesdays in March, June, September and December; for the county of 
Plymouth at Plymouth on the third Tuesdays in March, June, Septem- 
ber and December; for the county of Essex, at Salem, on the last 
Tuesdays in June and December; at Ipswich on the last Tuesday in 
. March, and at Newbury on the last Tuesday in September ; for the 
county of Middlesex, at Charlestown on the second Tuesdays in March 
and December, at Cambridge on the second Tuesday in September, and 
at Concord on the second Tuesday of June ; for the county of Barn- 
stable, at Barnstable on the first Tuesdays in April, July, October and 
January; at Bristol for the county of Bristol on the second Tuesdays 
in April, July, October and January ; for the county of York on the 
first Tuesday in April and July, and at Wells on the first Tuesdays in 
October and January ; and for the county of Hampshire, at Northamp- 
ton on the first Tuesdays in March and June ; at Springfield on the last 
Tuesdays in September and December; and that there be a general ses- 
sions of the peace held and kept at Edgartown upon the Island of Cap- 
awack alias Martha's Vineyard, and on the Island of Nantucket re- 
spectively, upon tl\e last Tuesday in March and on the first Tuesday of 
October yearly from time to time. 

" And it is further enacted by the authority aforesaid, 
" Sec. 5. That at the times and places before mentioned there shall be 
held and kept in each respective county and islands before named within 
the province, an inferior court of common pleas, by four of the justices 
of and residing within the same county and islands respectively, to be 
appointed and commissionated thereto, any three of whom to be a 
quorum, for the hearing and determining of all civil actions arising or 





n » 

IkJLO. ' 



A/Ls 



INTRODUCTORY CHAPTER. 61 

happening within the same, triable at the common law of what nature, 
kind or quality soever. 

" And it is further enacted by the authority aforesaid, 
" Sec. 6. That there shall be a Superior Court of Judicature over the 
whole province, to be held and kept annually at the respective times 
and places hereafter mentioned, by one chief justice and four other 
justices, to be appointed and commissionated for the same, three of 
whom to be a quorum, who shall have cognizance of all pleas, real, per- 
sonal or mixt, as well in all pleas of the crown and in all matters relat- 
ing to the conservation of the peace and punishment of offenders, as in 
civil causes or actions between party and party, and between their 
majesties and any of their subjects, whether the same do concern the 
realty and relate to any right of freehold and inheritance, or whether 
the same do concern the personalty, and relate to matter of debt, con- 
tract, damage or personal injury, and also in all mixt actions which may 
concern both realty and personalty ; and after deliberate hearing to 
give judgment and award execution thereon. The said Superior 
Court to be held and kept at the times and places within the respective 
counties following; that is to say, within the county of Suffolk at Bos- 
ton on the last Tuesdays of April and October; within the county of 
Middlesex at Charlestown on the last Tuesdays of July and January ; 
within the county of Essex at Salem on the second Tuesday of Novem- 
ber, and at Ipswich on the second Tuesday of May ; within the counties 
of Plymouth, Barnstable and Bristol at Plymouth on the last Tuesday 
of February, and at Bristol on the last Tuesday of August. 

" Sec. 7. That the trial of all .civil causes by appeal or writ of error, 
from any of the Inferior Courts within the respective counties of York or 
Hampshire, the Islands of Capawock alias Martha's Vineyard and Nan- 
tucket shall be in the Superior Court to be held at Boston or Charles- 
town. 

" And it is hereby further enacted by the authority aforesaid, 
"Sec. 14. That there be a high Court of Chancery within the province, 
who shall have power and authority to hear and determine all matters 
of equity, of what nature, kind or quality soever, and all controversies, 
disputes and differences arising betwixt co-executors, and other matters 
proper and cognizable to said court, not relievable by common law ; the 



62 HISTORY OF THE BENCH A NT) BAR. 

said court to be holden and kept by the governor, or such other as 
he shall appoint to be chancellor, assisted with eight or more of the 
council, who may appoint all necessary officers to the said court; which 
said court shall sit, and be held at such times and places as the gover- 
nor or chancellor for the time being shall from time to time appoint ; 
provided nevertheless, that the justices in any of the courts aforesaid, 
where the forfeiture of any penal bond is found, shall be and hereby are 
empowered to chancer the same unto the just debt and damages." 

This act also was disallowed by the Privy Council on the 22d of Aug- 
ust, 1695, because the provision of the act that either party not being 
satisfied with the judgment of any of the courts in personal actions not 
exceeding ^300 may appeal to His Majesty in council, seemed to ex- 
clude the right of appeal in real actions. 

On the 9th of November, 1692, an act was passed providing 
" whereas at the session of this court in June last, an act was passed 
entitled ' an act for continuing the local laws, to stand in force till Nov- 
ember the ioth, 1692, it is ordained and enacted.' That the said act 
and every part of it be and hereby is revived and continued in full force, 
to all intents and purposes from and after the said tenth day of No- 
vember, and shall so continue until the General Assembly shall take 
further order." 

On the 1 ith of December, 1693, an act was passed in addition to the 
" Act for establishing of Judicatories and Courts of Justice within the 
province, which, among other things pertaining to forms and rules of 
courts changed the time for holding the court of quarter sessions, and the 
Inferior Court of Common Pleas in Boston to the first Tuesdays in July, 
October, January and April, and provided that there be a Court of Judi- 
cature, Court of Assize and general gaol delivery held at Kittery in the 
County of York, on Wednesday before the second Tuesday in May, 
and at Springfield on the last Tuesday in June. This act was also dis- 
allowed by the Privy Council on the ioth of December, 1696, because 
the act to which it was in addition had been disallowed. 

An act was also passed December 5, 1693, providing for a new estab- 
lishment and regulation of the chancery, but as this act was mainly 
amendatory of the act establishing judicatories, passed November 25, 
1692, it was disallowed because that act had been. 



INTRODUCTORY CHAPTER. 6 3 

r 

The next act passed concerning the courts was enacted February 15^ 
1693-4, and provided that the Superior Court should be held at differ- 
ent times from those specified in the original act, but did not affect 
Suffolk county, and another act of a similar character was passed March 
2 in the same year. 

Various other acts were passed at various times concerning modes of 
proceeding in the courts, and on the 3d of October, 1696, an act "was 
passed, of which the following are the preamble and first section : 
" Whereas, his majestie's pleasure hath been signified for the repealing 
and making void an act made and passed by the Great and General 
Court or assembly, anno one thousand six hundred ninety- two, in the 
fourth year of the reign of his present majesty, and the late Queen 
Mary, his royal consort of blessed memory, entitled 'An act for the es- 
tablishing of judicatories and courts of justice within this province,' also 
for the repealing and making void one other act, entitled ' An act for 
the establishing of precedents and forms of writs and processes, with 
the particular reasons of his majestie's disallowance of said acts, for the 
information and direction of the General Assembly and the amendments 
and considerations necessary for the supply thereof; and, whereas, it is 
absolutely necessary that speedy provision be made, that his majestie's 
subjects may not suffer for the want of due course of justice, 

" Be it enacted, etc. : 

" Sec. 1. That the before mentioned act, entitled 'An act for the estab- 
lishing of judicatories and courts of justice within this province,' and all 
and singular the paragraphs, articles, clauses and sentences thereof (ex- 
cept the paragraph for constituting a Court of Chancery, and such other 
articles, clauses and sentences in said act as have been heretofore re- 
pealed, altered or otherwise provided for, in and by any other act or 
acts of the General Assembly of this province, or which in and by the 
present act shall be altered, otherwise provided for, or declared to be 
null and void), be and hereby are revived and continued, to abide and 
remain in full force and virtue until the end of the first session of the 
General Assembly, to be begun and held upon the last Wednesday of the 
month of May next, in the year of our Lord one thousand six hundred 
ninety-seven, and no longer ; provided, nevertheless, that the words 
(and no other) in the section or paragraph of the said act providing for 



64 HISTORY OF THE BENCH AND BAR. 

liberty of appeal unto his majesty or council, be and hereby are declared 
void and of no effect." 

This act was also disallowed by the Privy Council on the 24th of No- 
vember, 1698, notwithstanding the objectionable part of the act, which 
had been previously disallowed, was removed, and no other reason was 
given for its disallowance, than the fact that the act which it revived had 
been disallowed. It, however, answered a purpose. The Superior 
Court of Judicature and the Inferior Court of Common Pleas had been 
established under the law which had been disallowed or repealed by 
order of the Privy Council, and judges of both courts had been ap- 
pointed. As soon as the knowledge of the disallowance came to the 
General Court the establishment of the courts and the commissions of 
the judges would be invalid, and consequently the passage of this act 
or some other was necessary to keep them alive. Before the disal- 
lowance of this revival act, which did not take place until November 24, 
1698, another act was passed on the 19th of June for the establishment 
of courts very similar to the original act of 1692, with the name of the 
Quarter Sessions of the Peace changed to a Court of General Sessions of 
the Peace and the omission of the provision for the Chancery Court. 
This act was also disallowed November 24, 1698, because the provision 
" among other things that all matters and issues in fact shall be tried by 
a jury of twelve men was contrary to the intention of an act of parlia- 
ment entitled An act for preventing frauds and regulating abuses in 
the plantation trade by which it was provided that all causes relating 
to the breach of the acts of trade may, at the pleasure of the officer or 
informer, be tried in the Court of Admiralty, to be held in any of his 
Majesty's Plantations, respectively where such offence shall be com- 
mitted ; because the method of trial in such courts of Admiralty is not 
by juries of twelve men, as by the forementioned act for establishing of 
of courts is directed." 

Finally, at the session of the General Court, which began on the 31st 
of May, 1699, three acts were passed establishing courts which were 
approved by the Privy Council, and were published on the 27th of 
June. 

The first established a Court of General Sessions of the Peace, to be 
held by the justices of the peace in each county with a jurisdiction over 



INTRODUCTORY CHAPTER. 65 

matters relating to the conservation of the peace and the punishment of 
offenders. The court in Suffolk county was to beheld in Boston on the 
first Tuesdays in July, October, January and April. At a convenient 
time before the sitting of the court the clerk of the peace in each county 
was required to issue warrants to the constables of the several towns, 
directing them to assemble the freemen to choose such a number of men 
for jurors as the warrants might specify. An appeal from this court 
might be taken to the Superior Court of Judicature. 

The second act established an Inferior Court of Common Pleas to be 
held in each county by four persons to be appointed as justices of the 
court and who shall have cognizance of all civil actions within the 
county triable at common law. The court for Suffolk was to be held in 
Boston on the first Tuesdays in July, October, January and April. All 
processes and writs for any suit were to issue out of the office of the 
clerk of the court in his majesty's name, under the seal of the court 
and directed to the sheriff, or in cases involving a, sum less than ten 
pounds to a constable, and the jurors were to be summoned under the 
direction of the clerk of the court in the same manner as that described 
for jurors of the Court of General Sessions of the Peace. 

The third court established was a Superior Court of Judicature, Court 
of Assize and General Gaol Delivery for the whole province, to be held 
at specified times and places by one chief justice and four associate jus- 
tices to be appointed for the same, any three of whom might be a 
quorum, with cognizance of all pleas, real, personal or mixed, as well all 
pleas of the crown and all matters relating to the conservation of the 
peace and punishment of offenders, as civil causes or actions, and also 
all mixed actions which concern both realty and personalty brought be- 
fore them by appeal, review, writ of error or otherwise; and generally 
of all other matters as fully as the Court of King's Bench, Common Pleas 
and Exchequer ought to have. The court for the county of Suffolk was 
to be held at Boston on the first Tuesdays in November and May, and 
the jurors were to be summoned under the direction of the clerk in the 
manner already described. 

An act was passed June 20, 170 1-2, providing that attorneys prac- 
ticing in the courts shall be under oath administered by the clerk in 
open court as follows : 
9 



66 HISTORY OF THE BENCH AND BAR. 

"You shall do no falsehood, nor consent to any to be done in the 
court, and if you know of any to be done you shall give knowledge 
thereof to the justices of the court, or some of them, that it may be re- 
formed. You shall not wittingly and willingly promote, sue or procure 
to be sued any false or unlawful suit, nor give aid or consent to the 
same. You shall delay no man for lucre or malice, but you shall use 
yourself in the office of an attorney within the court to the best of your 
learning and discretion, and with all good fidelity as well to the courts 
as to your clients." The same act provided that the fee to be allowed 
for an attorney in the Superior Court of Judicature should be twelve 
shillings, and in the Inferior Court of Common Pleas ten shillings. 

The judges of the Superior Court of Judicature, which continued 
during the whole of the provincial period and until February 20, 
1 78 1, were as follows: 

Chief Justices. — William Stoughton, appointed 1692; Isaac Addington, appointed, 
1703; Wait Winthrop, appointed 1708; Samuel Sew all, appointed 1718; Benjamin 
Lynde, appointed 1728; Paul Dudley, appointed 1745; Stephen Sewall, appointed 
1752; Thomas Hutchinson, appointed 1760; Benjamin Lynde jr., appointed 1771; 
Peter Oliver, appointed 1772; John Adams, appointed 1776; William Gushing, ap- 
pointed 1777. 

Associate Justices. — Thomas Danforth, appointed 1692; Wait Winthrop, appointed 
1692; John Richards, appointed 1692; Samuel Sewall, appointed 1692; Elisha Cooke, 
appointed 1695; John Walley, appointed 1700; John Saffin, appointed 1701; Isaac 
Addington, appointed 1702; John Hathorne, appointed 1702; John Leverett, appointed 
1702; Jonathan Curwin, appointed 1708; Benjamin Lynde, appointed 1712; Nathaniel 
Thomas, appointed 1712; Addington Davenport, appointed 1715; Edmund Quincy, 
appointed 1718; Paul Dudley, appointed 1718; John Gushing, appointed 1728; Jona- 
than Remington, appointed 1733; Richard Saltonstall, appointed 1736; Thomas Graves 
appointed 1738; Stephen Sewall, appointed 1739; Nathaniel Hubbard, appointed 1745; 
Benjamin Lynde, jr., appointed 1745; John Cushing, appointed 1747; Chambers Rus- 
sel, appointed 1752; Peter Oliver, appointed 1756; Thomas Hutchinson, appointed 
1760; Edmund Trowbridge, appointed 1767; Foster Hutchinson, appointed 1771; 
Nathaniel Ropes, appointed 1772 ; William Brown, appointed 1774 ; William Cushing, 
appointed 1775; Nathaniel P. Sargeant, appointed 1775; William Reed, appointed 1775; 
James Warren, appointed 1776; Robert Treat Paine, appointed 1775; Jedediah Foster, 
appointed 1776; James Sullivan, appointed 1776; David Sewall, appointed 1777. 

Of these, Stoughton, Winthrop, Richards, Samuel Sewall, Cooke, 
Saffin, Addington, Benjamin Lynde, Davenport, Quincy, Paul Dudley, 
Benjamin Lynde, jr., Thomas Hutchinson, and Foster Hutchinson were 








^^z^ 





INTRODUCTORY CHATTER. 67 

Suffolk county men at the time of their appointment, and Peter Oliver 
was a native of Boston, but at the time of his appointment a resident of 
Middleboro. It is not proposed herein to make special allusion to these 
or others of the bench and bar in this chapter, as all will have a place in 
the biographical register contained in this volume. Of the above list of 
judges John Adams and James Warren never took their seats. 

The last session of the Superior Court under the charter was held in 
September, 1774. The first session under the Revolutionary regime 
was held in Essex county in June, 1776. While the British held Bos- 
ton the General Court passed an act in February, 1776, providing that 
Dedham should be the shire of Suffolk county, and that the courts for 
that county should be held in Dedham and Braintree. The first Suffolk 
county court under that act was held in Braintree in September, 1776, 
and the first court in Boston after the siege was held in February, 1777. 

Besides the standing justices of the Superior Court ot Judicature, 
special justices were appointed to act when the standing justices were 
parties in interest. The following list of special justices is presumed to 
be full and correct : 

Perm Townsend, appointed October 24, 1712; Nathaniel Norden, appointed October 
24, 1712; John Burrill, appointed October 24, 1712; Addington Davenport, appointed 
September 16, 1715; John Clark, appointed January 7, 1718; Thomas Fitch, appointed 
January 7, 1718 ; John Clark, appointed June 27, 1719 ; Thomas Fitch, appointed June 
27, 1719; Jonah Wolcott, appointed December 15, 1720; John Cushing, appointed 
September 6, 1723; John Clark, September 6, 1723; Jonathan Remington, appointed 
September 6, 1723; Thomas Fitch, appointed December 10, 1725; JobAlmy, appointed 
September 1, 1726 ; Elisha Cooke, appointed February 23, 1726-7 ; Jonathan Remington, 
appointed February 23, 1726-7; Isaac Winslow, appointed June 19, 1727; John Cush- 
ing, appointed June 19, 1727; Nathaniel Byiield, appointed June 27, 1727; Thomas 
Fitch, appointed June 27, 1727; Jonathan Remington, appointed June 27, 1727; 
Nathaniel Byfield, appointed December 12, 1728 ; Thomas Fitch, appointed December 
12, 1728; Thomas Fitch, appointed December 12, 1728; Theophilus Burrill, appointed 
December 12, 1728; Jonathan Remington, appointed December 12, 1728; Nathaniel 
Byfield, appointed December 19, 1728 ; Adam Winthrop, appointed December 19, 1728 ; 
Nathaniel Byfield, appointed January 11, 1732-3 ; Adam Winthrop, appointed June 22, 
1733; Thomas Cushing, appointed June 22, 1733; Ezekiel Lewis, appointed June 22, 
1733; Theophilus Burrill, appointed April 19,1735; Joseph Wilder, appointed April 
]!», 1735; Samuel Thaxter, appointed June 27, 1735; Thomas Berry, appointed June 
27, 1735; Benjamin Prescott, appointed June 27,1735; Thomas Greaves, appointed 
February 10, 1736-7; Job Ahny, appointed October 25, 1737; Thomas Greaves, ap- 
pointed November 10, 1737: Benjamin Prescott, appointed November 10, 1737; Seth 



68 HISTORY OF THE BENCH AND BAR. 

Williams, appointed August 12, 1738 ; Benjamin Marston, appointed August 12, 1738; 
William Ward, appointed August 19, 1738; Seth Williams, appointed March 2 1738-9 ; 
William Ward, appointed March 2, 1738-9; Edwaid Hutchinson, appointed May 2, 
1739; Joseph Wilder, appointed May 2, 1739; Stephen Sewall, appointed May 2, 1739; 
Ebenezer Burrill, appointed June 15, 1839 ; Thomas Berry, appointed January 24, 
1739-40; Benjamin Marston, appointed January 24, 17.19-40; Edward Hutchinson, 
appointed April 18, 174:] ; Nathaniel Hubbard, appointed April 18, 1743 ; Edward Hutch- 
inson, appointed November 3, 1743; Nathaniel Hubbard, appointed November 3, 1743; 
John Gushing, appointed October 23, 1744 ; Sylvanus Bourne, appointed October 23, 1744; 
John Cashing, appointed August 19, 1747 ; Sylvanus Bourne, appointed August 19, 1747 ; 
Joseph Pynchon, appointed August 19, 1747 ; John Greenleaf, appointed April 6, 1748; 
Ezekiel Cheever, appointed January 11, 1748-9 : Charles Russell, appointed January 
11, 1748-9; John Jeffries, appointed March 2,1748-9; William Brattle, appointed 
March 2, 1748-9; Thomas Hubbard, appointed March 2, 1748-9; Joseph Sawyer, ap- 
pointed June 19, 1749 ; Nathaniel Sparhawk, appointed June 19, 1749 ; Ezekiel 
Cheever, appointed August 12, 1749; Joseph Richards, appointed August 12, 1749; 
Charles Russell, appointed February 23, 1749-50; Simon Frost, appointed February 23, 
1749-50 ; Samuel Danforth, appointed August 24, 1753 ; Ezekiel Cheever, appointed 
August 24, 1753 ; Thomas Hutchinson, appointed September 20, 1754 ; Thomas Hutchin- 
son, appointed February 21, 1755; William Brattle, appointed June 26, 1755; Andrew 
Oliver, appointed February 13, 175G; William Brattle, appointed February 13, 1756; 
John Chandler, appointed February 20, 1756; Andrew Oliver, appointed February 20, 
1756; Benjamin Lincoln, appointed August 1, 1758; Samuel White, appointed August 
1, 1758; Timothy Ruggles, appointed February 23, 1762 ; Samuel Danforth, appointed 
Angust 19, 1762; Nathaniel Ropes, appointed September 7, 1762 ; Nathaniel Ropes, 
appointed August 30, 1770; Jedediah Foster, appointed September 17, 1770; Timothy 
Pain, appointed February 14, 1771 ; Joseph Lee, appointed February 17, 1773 ; Will- 
iam Browne, appointed February "17, 1773; Joseph Lee, appointed March 4, 1773; 
William Browne, appointed March 4, 1773. 

There were also commissioners of Oyer and Terminer appointed by 
the Governor and Council to try special cases in accordance with author- 
ity given in the province charter as follows: " And we do further grant 
and ordain that it shall and may be lawful for the said Governor with 
the advice and consent of the Council or Assistants from time to time to 
nominate and appoint Judges, Commissioners of Oyer and Terminer, 
Sheriffs, Provosts, Marshals, Justices of the Peace and other officers to 
our Council and Courts of Justice belonging." 

It may be that Governor Phipps considered this authority sufficient 
for his appointment of the witchcraft court in 1692 and that the judges 
sitting in that court should be called Commissioners of Oyer and Term- 
iner. The following list will show who these commissioners were at 



INTRODUCTORY CHAPTER. 69 

different periods and the purpose for which they were appointed. The 
witchcraft judges are included in the list: 

William Stoughton, John Richards, Wait Winthrop, Bartholomew Gedney, Samuel 
Sewall, Jonathan Curwin, Peter Sergeant; appointed June 2, 1892, to take cognizance 
of all dimes in Suffolk, Essex and Middlesex (witchcraft). 

Francis Hooke, Charles Frost, Samuel Wheelwright, Thomas Newton ; appointed 
October 22, 1692, to try murderers in the county of York. 

Thomas Danforth, Wait Winthrop, Elisha Cooke, Samuel Sewall; appointed Decem- 
ber 22, 1698, to try Jacob Smith. 

JohnHathorne, William Browne, Jonathan Curwin, Benjamin Browne, John Higgin- 
son ; appointed November 23, 1705, to try an Indian in Salem. 

John Gardner, James Coffin, Thomas Mayhew, Benjamin Skiffe, William Gayer; ap- 
pointed June 15, 1704, to try an Indian in Nantucket. 

Joseph Hammond, Ichabod Plaisted, John Plaisted, William Pepperell, John Wheel- 
wright, John Hill, Lewis Bane, or any four of them; appointed November 8, 1707, to 
try Joseph Gunnison for murder. 

Wait Winthrop, Samuel Sewall, John Hathorne, Jonathan Curwin, Elisha Hutchin- 
son ; appointed March 7, 1711. 

Nathaniel Thomas, John Otis, James Warren, John Gorham ; appointed June 5, 1713, 
to try two Indians for capital crimes. 

Samuel Partridge, John Pynchon, John Parsons, John Stoddard ; appointed Decem- 
ber 3, 1718, to try at Northampton Ovid Ruchbrock for counterfeiting bills of credit of 
the province. 

John dishing, Sylvanus Bourne, Zacheus Mayhew, Enoch Coffin, John Otis ; ap- 
pointed June 23, 1743, to try an Indian at Nantucket. 

John Cushing, Sylvanus Bourne, Zacheus Mayhew, Enoch Coffin, John Otis; ap- 
pointed August 9. 1716, for a trial at Nantucket. 

As the Supreme Judicial Court of Massachusetts is practically a con- 
tinuation of the Superior Court of Judicature of the province, it will be 
proper to explain its origin and follow its career to the present day. It 
has been stated that the last appointment to the Superior Court of Judi- 
cature was made in 1777. In that year the Council and House of Rep- 
resentatives met in convention and adopted a form of constitution "for 
the State of Massachusetts Bay," which was submitted to the people and 
rejected. On the 20th of February, 1779, the General Court passed a 
resolve calling on the qualified voters to give in their votes on the ques- 
tion : Whether they chose to have a new constitution made and whether 
they will empower their representatives to vote for calling a State con- 
vention for that purpose. Both of these questions having been carried 
in the affirmative, a constitutional convention was held in Cambridge 



7 o HISTORY OF THE BENCH AND BAR. 

on the ist of September, 1779, in accordance with a resolve of the Gen- 
eneral Court passed on the 17th of June. This convention, of which 
James Bowdoin was president, and Samuel Barrett secretary, adjourned 
on the 1 1 th of November to meet in Boston on the 5th of January, 1780. 
On the 2d of March a resolution was passed to submit the constitution, 
which had been framed, to the people, and the convention adjourned to 
meet in the Brattle Street Church in Boston on the 7th of June. At 
the adjourned meeting the votes were counted and on the 15th of June 
the convention resolved " That the people of the State of Massachusetts 
Bay have accepted the Constitution as it stands, in the printed form sub- 
mitted to their revision." 

Article 9th of the constitution provided that " To the end there may 
be no failure of justice or danger arise to the Commonwealth from a 
change of the form of Government, all officers, civil and military, hold- 
ing commissions under the Government and people of Massachusetts 
Bay in New England, and all other officers of the said Government and 
people, at the time this constitution shall take effect, shall have, hold, 
use, exercise and enjoy all the powers and authority, to them granted 
or committed, until other persons shall be appointed in their stead; and 
all courts of law shall proceed in the execution of the business in their 
respective departments ; and all the executive and legislative officers, 
bodies and powers shall continue in full force, in the enjoyment and 
exercise of all their trusts, employments and authority ; until the Gen- 
eneral Court and the supreme and executive officers under this consti- 
tution are designated and invested with their respective trusts, powers 
and authority." 

In other parts of the constitution the court is made to assume its new 
name of Supreme Judicial Court, and thus the old court was perpetuated 
with a new title, but with the same jurisdiction, officers and authority. 
A confirmation of the continuance of the old court was declared in the 
following act passed by the General Court on the 20th of February, 
1 78 1 , entitled: "An act empowering the Supreme Judicial Court to 
take cognizance of matters heretofore cognizable by the late Superior 
Court. 

" Whereas by the laws heretofore made by the General Assembly of 
the late province, colony and State of Massachusetts Bay, a Superior 



INTRODUCTORY CHAPTER. 71 

Court of Judicature, Court of Assize, and General Gaol Delivery was 
constituted, and sundry powers and authorities are given to the same 
court by particular laws; And whereas by the constitution and frame 
of government of the Commonwealth of Massachusetts the style and 

fc> * 

title of the same court is now the Supreme Judicial Court of the Com- 
monwealth of Massachusetts ; And the constitution aforesaid having 
provided that the laws heretofore made and adopted, should continue 
and be in force until they shall be altered or repealed by the legislature ; 
whence some doubts may arise whether the Supreme Judicial Court 
shall have cognizance of those matters which by particular laws were 
expressly made cognizable by the Superior Court of Judicature, Court 
of Assize, and General Gaol Delivery: 

"Sec. 1. Be it therefore enacted by the Senate and House of Repre- 
sentatives in General Court assembled and by the authority of the same, 
that the court which hath been, or shall be hereafter appointed and 
commissioned according to the constitution as the Supreme Judicial 
Court of the Commonwealth, shall have cognizance of all such matters, 
as have heretofore happened, or that shall hereafter happen, as by par- 
ticular laws were made cognizable by the late Superior Court of Judica- 
ture, Court of Assize, and General Gaol Delivery, unless, where the 
constitution and frame of government hath provided otherwise." 

On the 3d of July, 1782, an act was passed by the General Court 
entitled " An act establishing a Supreme Judicial Court within the 
Commonwealth," which provided that there should be one chief justice 
and four associates, the whole or any three of them to have cognizance 
of " pleas real, personal or mixed, and of all civil actions between party 
and party and between the Commonwealth and any of the subjects 
thereof, whether the same do concern the realty, and relate to right of 
freehold, inheritance or possession ; whether the same do concern the 
personalty and relate to any matter of debt, contract, damages or per- 
sonal injury; and also mixed actions which do concern the realty and 
personalty brought legally before the same court by appeal, review, writ 
of error or otherwise ; . . . and shall take cognizance of all capital 
and other offences and misdemeanors whatsoever of a public nature, 
tending either to a breach of the peace, or the oppression of the subject, 
or raising of faction, controversy or debate, to any manner of mis- 



72 HISTORY OF THE BENCH AND BAR. 

government ; and of every crime whatsoever that is against the public 
good." 

The act further gave the court power to establish such rules respect- 
ing the admission of attorneys and the creation of barristers-at-law as 
it thought expedient, and appoint a clerk or clerks to record its proceed- 
ings. A subsequent act, passed March 12, 1784, gave to the Supreme 
Judicial Court appellate jurisprudence in all matters determined by 
judges of probate in their respective counties, and an act passed March 
16, 1786, conferred upon it jurisdiction in all questions of divorce and 
alimony. On the 27th of February, 1790, the salary of the chief jus- 
tice was fixed at ^370 and that of the associates at ^350, "without 
the addition of any fee or perquisite whatever." The number of asso- 
ciates was increased to six in the year 1800 and the State outside of 
Suffolk county was divided into two circuits, the east including Essex 
county and Maine, and the west including all the remainder. In 1805 
the number of associates was reduced to four and so remained until 
1852, when one was added. In 1873 the number was increased to six 
and has so remained up to the present time. The salaries of the court 
as fixed by chapter 104 of the laws of 1892 are $7,500 and $500 for 
travel for the chief justice, and $6,500 and 500 for travel for each asso- 
ciate. 

The jurisdiction of the court has been changed at various times, the 
most recent changes having been the transfer of jurisdiction " in mat- 
ters of divorce to the Superior Court in 1887, the transfer of jurisdiction 
in capital trials to the same court in 1891, and the gift of concurrent 
jurisdiction to that court in 1 89 1 in matters relating to telegraph and 
telephone wires, relating to the abuse of towns of corporate powers, re- 
lating to the construction, alteration, maintenance and use of buildings, 
and relating to the control of street railways." 

The following persons have occupied seats on the bench of the Su- 
preme Judicial Court by appointment since the adoption of the State 
constitution : 

Chief Justices. — Nathaniel Peaselee Sargent, appointed 1790 ; died 1791. Francis 
Dana, appointed 1791; resigned 1806. Theophilus Parsons, appointed 1806; died 
1813. Samuel Sewall, appointed 1814; died 1814. Isaac Parker, appointed 1814; 
died 1830. Lemuel Shaw, appointed 1830; resigned 1860. George Tyler Bigelow, 
appointed 1860; resigned 1868. Reuben Atwater Chapman, appointed 1868; died 



INTRODUCTORY CHAPTER. 73 

» 

1873. Horace Gray, appointed 1873; resigned 1882. Marcus Morton, appointed 1S82; 
resigned 1890. Walbridge Abner Field, appointed 1890. 

Justices. — Increase Sumner, appointed 1782; resigned 1789. Francis Dana, appointed 
1785; made chief 1791. Robert TreatPaine, appointed 1790; resigned 1804. Nathan 
Cushing, appointed 1790; resigned 1800. Thomas Dawes, appointed 1792; resigned 
1802. Theophilus Bradbury, appointed 1797; removed 1803. Samuel Sew all, ap- 
pointed 1800; made chief 1814. Simeon Strong, appointed 1801; died 1805. George 
Thacher, appointed 1801 ; resigned 1824. Theodore Sedgwick, appointed 1802 ; died 
1813. Isaac Parker, appointed 1806; made chief 1814. Charles Jackson, appointed 
1813; resigned 1823. Daniel Dewey, appointed 1814; died 1814. Samuel Putnam, 
appointed 1814; resigned 1842. Samuel Sumner Wilde, appointed 1815; resigned 
1850. Levi Lincoln, appointed 1824; resigned 1825. Marcus Morton, appointed 1825;. 
resigned 1840. Charles Augustus Dewey, appointed 1837 ; died 1866. Samuel Hub- 
bard, appointed 1842; died 1847. Charles Edward Forbes, appointed 1848; resigned 
1848. Theron Metcalf, appointed 1848; resigned 1865. Richard Fletcher, appointed 
1848; resigned 1853. George Tyler Bigelow, appointed 1850; made chief 1860. Caleb 
Cushing, appointed 1852; resigned 1853. Benjamin Franklin Thomas, appointed 1853; 
resigned 1859. Pliny Merrick, appointed 1853 ; resigned 1864. Ebenezer Rockwood 
Hoar, appointed 1859; resigned 1869. Reuben Atwater Chapman, appointed 1860 ; 
made chief 1868. Horace Gray, jr., appointed 1864; made chief 1873. James Deni- 
son Colt, appointed 1865; resigned 18C6. Dwight Foster, appointed 1866; resigned 
1869. John Wells, appointed 1866; died 1875. James Denison Colt, appointed 1868; 
died 1881. Seth Ames, appointed 1869; resigned 1881. Marcus Morton, appointed 
1869; made chief 1882. William C. Endicott, appointed 1873; resigned 1882. Charles 
Devens, jr., appointed 1873; resigned 1877. Otis Phillips Lord, appointed 1875; re- 
signed 1882. Augustus Lord Soule, appointed 1877 ; resigned 1881. Walbridge Abner 
Field, appointed 1881; made chief 1890. Charles Devens, jr., appointed 1881; died 
1891. William Allen, appointed 1881; died 1891. Charles Allen, appointed 1882. 
Waldo Colburn, appointed 1882 ; died 1885. Oliver Wendell Holmes, jr., appointed 
1882. William Sewall Gardner, appointed 1885; resigned 1887. Marcus Perrin 
Knowlton, appointed 1887. James Madison Morton, appointed 1890. John Lathrop, 
appointed 1891. James Madison Barker, appointed 1891. 

It has been stated above that the act establishing the Supreme Judicial 
Court, passed July 3, 1782, gave the court authority to regulate the 
admission of attorneys and the creation of barristers- at-law. The law 
passed November 4, 1705, already quoted, prescribing the oath to be 
taken by attorneys, appears until recent times to have furnished the 
only necessary regulation. No definite term of study seems to have 
been required as a qualification for admission to the bar. It is probable 
that so far as barristers were concerned, something like the custom in 
England prevailed. There, barristers before admission to plead at the 
10 



74 HISTORY OF THE BENCH AND BAR. 

bar must have resided three years in one of the inns of court, if a gradu- 
ate at Cambridge or Oxford, and five years if not. These inns were 
the Inner Temple, the Middle Temple, Lincoln's Inn and Gray's Inn. 
In Massachusetts the rule seems to have required a practice at one 
period of three, at another of four, and still another of seven years in 
the inferior courts. 

Before the act was passed establishing the Supreme Judicial Court 
the following entry was made in the records of the Superior Court of 
Judicature : 

" Suffolk, ss. : Superior Court of Judicature at Boston, third Tuesday of February, 
1781, present, William Gushing, Nathaniel P. Sargeant. David Sewall and James Sulli- 
van; and now at this term the following rule is made by the court and ordered to be 
■entered, viz.: Whereas, learning and literary accomplishments are necessary as well to 
promote the happiness as to preserve the freedom of the people, and the learning of the 
law when duly encouraged and lightly directed being as well peculiarly subservient to 
the great, and good purpose aforesaid, as promotive of public and private justice; and 
the court being at all times ready to bestow peculiar marks of approbation upon the 
gentlemen of the bar, who, by a close application to the study of the science they pro- 
fess, by a mode of conduct which gives a conviction of the rectitude of their minds, and 
a fairness of practice that does honor to the profession of the law, shall distinguish 
themselves as men of science, honor and integiit}^ : Do order that no gentleman shall 
be called to the degree of Barrister until he shall merit the same, by his conspicuous 
bearing, ability and honesty; and that the Court will, of their own mere motion call to 
the Bar such persons as shall render themselves worthy as aforesaid ; and that the man- 
ner of calling to the Bar shall be as follows: The gentleman who shall be a candidate 
shall stand within the bar, the Chief Justice, or in his absence the senior Justice, shall, 
in the name of the Court, repeat to him the qualifications necessary for a Barrister at 
Law ; shall let him know that it is a conviction in the mind of the Court of his being 
possessed of these qualifications that induces them to confer the honor upon him ; and 
-shall solemnly charge him so to conduct himself as to be of singular service to his coun- 
try by exerting his abilities for the defence of her constitutional freedom; and so to de- 
mean himself as to do honor to the Court and Bar." 

The Supreme Judicial Court made the following entry in its records: 

" Suffolk, ss. : At the Supreme Judicial Court at Boston the last Tuesday of Au- 
gust, 1783, present, William Cushing, Chief Justice, and Nathaniel P. Sargeant, David 
Sewall and Increase Sumner, Justices, ordered that Barristers be called to the Bar by 
special writ to be ordered by the Court, and to be in the following form : 

'' Commonwealth of Massachusetts. 
"To A B Esq., of , Greeting: We well knowing your ability, learning and in- 
tegrity, command you that you appear before our Justices of our Supreme Judicial 
Court, next to be holden at , in and for our couuty of , on the Tuesday of 



INTRODUCTORY CHAPTER. 75 

, then and there in onr said Court to take upon you the state and degree of a Bar- 
rister at Law. Hereof fail not. Witness , Esq., our Chief Justice at Boston, the 

j a y f F jo the year of our Independence, . By order of the Court. 

, Clerk. 

"Which writ shall be faiily engrossed on parchment and delivered twenty days be- 
fore the session of the s;ime Court by the Sheriff of the same county to the person to 
whom directed, and being produced in Court by the Barrister and there read by the 
Clerk and proper certificate thereon made shall be redelivered and kept as a voucher of 
his being legally called to the Bar; and the Barristers shall take rank according to the 
oate of their respective writs." 

It is believed that no barristers were called after 1789, and in 1806 
the Supreme Judicial Court adopted the following rule by which ap- 
parently counsellors were substituted for barristers : 

"Suffolk, ss. At the Supreme Judicial Court at Boston for the counties of Suffolk 
and Nantucket the second Tuesday of March, 1806, present Francis Dana, Chief Jus- 
tice; Theodore Sedgwick, George Thatcher and Isaac Parker, Justices, ordered: First,, 
no attorney shall do the business of a counsellor unless he shall have been made or ad- 
mitted as such 1 y the Court. Second, all attornej^s of this Court who have been ad- 
mitted three years before the sitting of this Court shall be and hereby are made 
counsellors and are entitled to all the rights and privileges of such. Third, no attorney 
or counsellor shall hereafter be admitted without a previous examination." 

In 1 836 the distinction between counsellor and attorney was abolished. 
It is difficult to say how early the barrister occupied a position in our 
courts. It is known,, however, that in 1768 there were twenty-five in\ 
Massachusetts. Of these eleven were in Suffolk, Richard Dana, Benjamin' 
Kent, James Otis, jr., Samuel Fitch, William Read, Samuel Swift.Benjamin 
Gridley, Samuel Quincy, Robert Auchmuty, and Andrew Cazneau, of 
Boston, and Jonathan Adams, of Braintree; five were in Essex, Daniel 
Farnham and John Lowell, of Neuburyport, William Pynchon, of Salem, 
John Chipman, of Marblehead, and Nathaniel Peaselee Sargeant, of 
Haverhill; one was in Middlesex, Jonathan Sewall ; two in Worcester, 
James Putnam, of Worcester, and Abel Willard, of Lancaster; 
three in Bristol, Samuel White and Robert Treat Paine, ofTaunton, and 
Daniel Leonard, of Norton ; two in Plymouth, James Hovey and Pelham 
Winslow, of Plymouth, and one in Hampshire, John Worthington of 
Springfield. After that date the following barristers were called : 
Joseph Hawley, of Northampton, David Sewall, of York, Moses Bliss, 
of Springfield, Zephaniah Leonard, of Taunton, Theodore Bradbury, cf 



76 HISTORY OF THE BENCH AND BAR. 

Falmouth (Portland), David Weyer, of Falmouth, Mark Hopkins, of 
Great Barrington, Simeon Strong, of Amherst, John Sullivan, of 
Durham, Daniel Oliver, of Hardwick, Frances Dana, of Cambridge, 
Sampson Salter Blowers, of Boston, Daniel Bliss, of Concord, Samuel 
Porter, of Salem, Joshua Upham, of Brookfield, Shearjashub Bourne, 
of Barnstable, James Sullivan, of Biddeford, Jeremiah D. Rogers, of 
Littleton, Oaks Angier, of Bridgewater, John Sprague, of Lancaster, 
Caleb Strong, of Northampton, Elisha Porter, of Hadley, Theodore 
Sedgwick, of Sheffield, Benjamin Hichborn, of Boston, Theophilus 
Parsons, of Nevvburyport, Jonathan Bliss, of Springfield, William Tudor, 
Perez Morton and William Wetmore of Boston, and Levi Lincoln, 
of Worcester. No barristers were called after 1789 and the fifty-five 
whose names are given above are believed by the writer to be all ever 
called to the bar in Massachusetts. 

The reports of the decisions of the Supreme Judicial Court of Massa- 
chusetts are contained in one hundred and fifty-four volumes. Ephraim 
Williams as reporter edited one volume including decisions from the 
September term, 1804, m Berkshire to the June term, 1805, in Lincoln. 
Dudley Atkins Tyng, the next reporter, edited sixteen volumes, cover- 
ing the period from the March term, 1806, in Suffolk to the Suffolk 
March term, 1822. Octavius Pickering, who succeeded Tyng, edited 
twenty-four volumes beginning with the Berkshire September term, 
1822, and ending with decisions in Essex in 1839. Theron Metcalf, the 
successor of Pickering, covered with twelve volumes the period 
from the Suffolk and Nantucket March term in 1840 to the Hampden, 
Hampshire and Franklin September term in 1847. Luther Stearns 
Cushing reported twelve volumes from the Suffolk and Nantucket term 
of 1848, to the Suffolk term of November, 1853. Horace Gray, jr., in 
sixteen volumes covered the period from the Suffolk and Nantucket 
term of 1854 to the Suffolk term of November, i860. Charles Allen 
in fourteen volumes reported the decisions from January, 1861, to the 
Suffolk term in January, 1867. Albert G. Browne reported in thirteen 
volumes from the Berkshire September term of 1867 to the Suffolk 
March term of 1872. Albert G.Browne, jr., and John C. Gray, jr., 
edited jointly two volumes with decisions from the Suffolk March 
term in 1872 to the Suffolk March term of 1873. Albert G. Browne, 



INTRODUCTORY CHAPTER. 77 

jr., again, alone, reported three volumes from the Worcester September 
term 1873, to the Norfolk January term 1874. John Lathrop edited 
thirty volumes with decisions from the Berkshire September term 1874 
to June, 1887. William V. Kellen followed with volumes containing 
decisions ending with November, 1891. 

The Inferior Court of Common Pleas, as has been stated, was finally 
established by the act published June 27, 1699, to be held in each 
county by four judges appointed for the same. The jurisdiction of this 
court has been already described in the laws which were at various times 
disallowed by the Privy Council, and need not be repeated. The 
court went into operation after the original disallowed act was passed in 
1692, and as the disallowance only acted as a repeal, the court was kept 
alive by subsequent acts until the final approval of the act of 1699. 

The judges of the court for Suffolk county at various times were as 
follows : 

Elisha Hutchinson, appointed December 7, 1692; John Foster, appointed December 7, 
1692; Peter Sergeant, appointed December 7, 1692; Isaac Addington, appointed De- 
cember 7, 1692; Jeremiah Dummer, appointed July 2, 1702; Penn Townsend, appoint- 
ed August 14, 1702; Thomas Palmer, appointed June 11, 1711; Edward Lynde, ap- 
pointed December 9, 1715 ; Adam Winthrop, appointed December 9, 1715; William 
Dudley, appointed December 26, 1727; Nathaniel Byfield, appointed December 29, 
1731 ; Elisha Cooke, appointed December 29, 1731 ; Anthony Stoddard, appointed 
January 21, 1733; Edward Hutchinson, appointed October 27, 1740; Eliakim Hutch- 
inson, appointed December 31, 1741; Edward Winslow, appointed October 20, 1743; 
Samuel Watts, appointed April 6. 1748 ; Thomas Hutchinson, appointed April 3, 1752 ; 
Samuel Welles, appointed January 8, 1755; Foster Hutchinson, appointed April 1, 
1758; William Reed, appointed May 9, 1770; Nathaniel Hatch, appointed January 10, 
1771 ; Joseph Green, appointed July 3, 1772; Thomas Hutchinson, jr., appointed De- 
cember 31, 1772; Benjamin Gridley, appointed May, 1775; Samuel Dexter, appointed 
October 31, 1775; John Hill, appointed October 31, 1775 ; Samuel Niles, appointed Oc- 
tober 31, 1775; Samuel Pemberton, appointed October 31, 1775; Thomas Cushing, ap- 
pointed February 8, 1776. 

This completes the lists of judges who served prior to the law passed 

July 3, 1782, establishing the Court of Common Pleas. 

The special justices during the same period were : 

Samuel Checkley, appointed December 18, 1725; Anthony Stoddard, appointed De- 
cember 18, 1725; Francis Fulham, appointed February 3, 1731-2; Thomas Greaves, ap- 
pointed February 3, 1731-2 ; Hugh Hall, appointed February 3, 1731-2; Josiah Quin- 
<:y, appointed December 31, 1734 ; Samuel Danforth, appointed February 21, 1734-5 • 



78 HISTORY OF THE BENCH AND BAR. 

Francis Foxcroft, appointed February 21, 1734-5; John Quincy, appointed April 6, 
1748; James Minot, appointed April 6, 1748; Benjamin Lincoln, appointed January 24, 
1770; Joseph Williams, appointed January 24, 1770; Thomas Cushing, appointed Oc- 
tober 31, 1775 ; Joseph Palmer, appointed October 31, 1775; Richard Cranch, appointed 
1780; Joseph Gardner, appointed 1780; Edmund Quincy, appointed 1780. 

The chief justices during the same period were: Elisha Hutchinson, 
Penn Townsend, Thomas Palmer, Adam Winthrop, Edward Hutchin- 
son, Nathaniel Byfield, Eliakim Hutchinson, Samuel Dexter and 
Thomas Cushing. 

The new law, passed July 3, 1782, after the adoption of the constitu- 
tion, changed the name of the court to " Court of Common Pleas," and 
provided that it should be kept in each county by four judges, appoint- 
ed from within the county, who should have cognizance of all civil ac- 
tions of the value of more than forty shillings, with the right of appeal 
for all parties to the next Supreme Judicial Court held within the same 
county. It bore the same relation to its predecessor, the Inferior Court 
of Common Pleas, that the Supreme Judicial Court, when established, 
bore to the Superior Court of Judicature. 

The judges of the court, which continued until June 21, 181 1, were 
the following: 

Oliver Wendell, appointed February 6, 1783, standing justice ; William Heath, ap- 
pointed January 28, 1785, special justice; Suthell Hubbard, appointed January 28, 1785, 
special justice; Samuel Barrett, appointed April 26, 1787, special justice ; Samuel Bar- 
rett, appointed July 15, 1788, standing justice; Thomas Crafts, appointed August 6, 
1788, special justice; Thomas Crafts, appointed July 9, 1793, standing justice ; Wil- 
liam Dennison, appointed 1798, 'standing justice; George Richards Minot, ap- 
pointed January 9, 1799, standing justice ; Samuel Cooper, appointed January 9, 1799, 
special justice; William Sherburne, appointed January 9, 1799, special justice ; Shear- 
jashub Bourne, appointed June 18, 1800, standing justice. ^ m **'" ' M „~ni 

In the year 1800 the law provided that there should be one chief 
justice and three justices, and the court so continued through the period 
of its existence with the following appointments to its bench: 

George R. Minot, appointed 1800, chief justice; Shearjashub Bourne, appointed 
June 18, 1801, chief justice; Samuel Cooper, appointed January 7, 1802, special jus- 
tice; William Wetmore, appointed February 17, 1806, special justice ; William Wet- 
more, appointed May 26, 1806, chief justice ; Joseph Ward, appointed July 2, 1807, spe- 
cial justice; John Phillips, appointed August 29, 1809, special justice ; Robert Gardner 
appointed March 15, 1811, special justice. 



INTRODUCTORY CHAPTER. 79 

On the 2 1st of June, 181 1, it was enacted that the Commonwealth, 
except Nantucket and Dukes county, should be divided into six cir- 
cuits as follows: the middle circuit composed of Suffolk, Essex and 
Middlesex counties ; the western circuit composed of Worcester, Hamp- 
shire and Berkshire counties; the southern circuit composed of Nor- 
folk, Plymouth, Bristol and Barnstable counties ; the first eastern cir- 
cuit composed of York, Cumberland and Oxford counties; the second 
eastern circuit composed of Lincoln, Kennebec and Somerset counties; 
and the third eastern circuit composed of Hancock and Washington 
counties. 

It also provided that "There shall be held and kept in each county, 
in the several circuits aforesaid, at such times and places as are now by 
law appointed for holding the Courts of Common Pleas in the several 
counties, a Circuit Court of Common Pleas, to consist of one chief jus- 
tice and two associate justices, each of whom shall be an inhabitant of 
the Commonwealth ; and any two of them shall be a court 
with original jurisdiction of all civil actions . . (excepting only 
such actions, wherein the Supreme Judicial Court or where justices 
of the peace now have original jurisdiction) ; and shall also have ju- 
risdiction of all such offences, crimes and misdemeanors, as before the 
passage of this act were cognizable by the respective Courts cf Com- 
mon Pleas." They also had appellate jurisdiction in the case 6f sen- 
tences or judgments of a justice of the peace. It was further pro- 
vided " that all actions, suits, matters and things which may be pend- 
ing in the several Courts of Common Pleas on the second of Decern- 
ber (181 1), and all writs, executions, warrants, recognizances and proc- 
esses returnable to" the Common Pleas Court shall be returnable to 
the Circuit Court of Common Pleas. 

The judges of this court appointed in the middle circuit of which 
Suffolk county formed a part were : 

Samuel Dana, chief justice, of Groton ; William Wetmore, associate, of Boston ; 
Stephen Minot, associate, of Haverhill. 

Suffolk county, by an act passed February 26, 18 14, was taken 
out of the circuit and was given a court of its own, which will be 
mentioned hereafter. 

The first session of the Circuit Court was held at Cambridge, on the 
16th of December, 181 1, and its last session at Concord on the nth of 



80 HISTORY OF THE BENCH AND BAR. 

June, 1 82 1. On the 14th of February, 1821, an act was passed estab- 
lishing the late Court of Common Pleas, as a substitute for the Circuit 
Court of Common Pleas, to take effect from and after the first day of 
August in that year. It provided for the appointment of four justices, 
one of whom should be commissioned chief justice, with practically the 
same jurisdiction which had been conferred on its predecessor, the In- 
ferior Court of Common Pleas and Circuit Court of Common Pleas, ex- 
cept that it was a court of the Commonwealth and not limited to any 
county or circuit. The court continued in existence until abolished by 
the act passed April 5, 1859, establishing the present Superior Court. 
On the first of March the number of associate justices was increased to 
four, on the 1 8th of March, 1845, to six, and on the 24th of May, 1851, 
to seven. 

The judges of the court at various times were as follows: 

Chief Justices.— Artemas Ward, appointed 1821 ; resigned 1839. John Mason Wil- 
liams, appointed 1839; resigned 1844. Daniel Wells, appointed 1844; died 1854. 
Edward Mellen, appointed 1854; court abolished 1859. 

Associate Justices. — Solomon Strong, appointed 1821 ; resigned 1842. John Mason 
Williams, appointed 1821 ; chief justice 1839. Samuel Howe, appointed 1821; died 1828. 
David Cummins, appointed 1828 ; resigned 1844. Charles Henry Warren, appointed 
1839 ; resigned 1844. Charles Allen, appointed 1842; resigned 1844. Pliny Merrick, 
appointed 1843; resigned 1848. Joshua Holyoke Ward, appointed 1844 ; died 1848. 
Emory Washburn, appointed 1844; resigned 1S47. Luther Stearns Gushing, appointed 
1844 ; resigned 1848. Harrison Gray Otis Colby, appointed 1845 ; resigned 1847 ; 
Charles Edward Forbes, appointed 1847 ; Supreme Court 1848. Edward Mellen, 
appointed 1847; chief justice 1854. George Tyler Bigelow, appointed 1848; 
Supreme Court, 1850. Jonathan Coggswell Perkins, appointed 1848; court abolished 
1859. Horatio Byington, appointed 1848; died 1856. Thomas Hopkinson, appointed 
1848; resigned 1849. Ebenezer Rockwood Hoar, appointed 1849; resigned 1853. 
Pliny Merrick, appointed 1850 ; Supreme Court 1854. Henry Walker Bishop, appoint- 
ed 1851 ; court abolished 1859. George Nixon Briggs, appointed 1853 ; court abolished 
1859. George Partridge Sanger, appointed 1854; court abolished 1859. Henry Mor- 
ris, appointed 1855; court abolished 1859. David Aiken, appointed 1856; court abol- 
ished 1859. 

The Superior Court was established April 5, 1859, as the successor 
of the Court of Common Pleas and with practically the same jurisdic- 
tion, with one chief justice and ten associate justices. The number of 
associates was increased to eleven May 19, 1875, to thirteen Febru- 
ary 27, 1888, and to fifteen May 6, 1892. The judges of this court 
up to the present time, August, 1892, have been as follows: 



INTRODUCTORY CHAPTER. 81 

Chief Justices. — Charles Allen, appointed 1859; resigned 1867. Seth Ames, ap- 
pointed 18G7; Supreme Court 1869. Lincoln Flagg Brigham, appointed 1869; resigned 
1890. Albert Mason, appointed 1890; incumbent. 

Associate Justices. — Julius Rockwell, appointed 1859; resigned 1886. Otis Phillips 
Lord, appointed 1859; Supreme Court 1875. Marcus Morton, jr., appointed 1859; Su- 
preme Court 1869. Seth Ames, appointed 1859; chief justice 1867. Ezra Wilkinson, 
appointed 1859 ; died 1882. Henry Vose, appointed 1859 ; died 1869. Thomas Rus- 
sell, appointed 1859; resigned 1867. John Phelps Putnam, appointed 1859; died 
1882. Lincoln Flagg Brigham, appointed 1859; chief justice 1869. Chester Isham 
Reed, appointed 1867 ; resigned 1871. Charles Devens, jr., appointed 1867; Supreme 
Court 1873. Henry Austin Scudder, appointed 1869; resigned 1872. Francis Hen- 
shaw Dewey, appointed 1869; resigned 1881. Robert Carter Pitman, appointed 1869: 
died 1891. John William Bacon, appointed 1871; died 1888. William Allen, ap- 
pointed 1872; Supreme Court 1881. Peleg Emory Aldrich, appointed 1873 ; incum- 
bent. Waldo Colburn, appointed 1875 ; Supreme Court 1882. Win. Sewall Gardner,, 
appointed 1875; Supreme Court 1885. Hamilton Barclay Staples, appointed 1881; 
died 1891. Marcus Perrin Knowlton, appointed 1881; Supreme Court 1887. Caleb 
Blodgett, appointed 18S2; incumbent. Albert Mason, appointed 1882; chief justice 
1890. James Madison Barker, appointed 18t2; Supreme Court 1891. Charles Pei kins 
Thompson, appointed 1885; incumbent. John Wilkes Hammond, appointed 1886; 
incumbent. Justin Dewey, appointed 1886 ; incumbent. Edgar Jay Sherman, ap- 
pointed 1887 ; incumbent. John Lathrop, appointed 1888; Supreme Court 1891. James 
Robert Dunbar, appointed 1888; incumbent. Robert Roberts Bishop, appointed 1888; 
incumbent. Daniel Webster Bond, appointed 1890; incumbent. Henry King Braiey, 
appointed 1891 ; incumbent. John Hopkins, appointed 1891; incumbent. Elisha Burr 
Maynard, appointed 1891 ; incumbent. Franklin Goodridge Fessenden, appointed 1891 ; 
incumbent. John W. Corcoran, appointed 1891; incumbent. James B. Richardson. 
1891 ; incumbent. 

Among the most important changes in the jurisdiction of this court 
have been the following recent ones : By chapter 332 of the laws of 
1887 exclusive jurisdiction was given to it "in all cases of divorce and 
nullity or validity of marriage." By chapter 379 of the laws of 1891 it 
was given jurisdiction in capital crimes, and by chapter 293 of the same 
year, jurisdiction in matters relating to telegraph and telephone wires 
given to the Supreme Court by chapter 27 of the public statutes, in 
matters relating to the abuse by towns of corporate powers given to 
the Supreme Court by the same chapter, relating to the construction, 
alteration, maintenance and use of buildings, given to the Supreme 
Court by chapter 104 of the public statutes and relating to the control 
of street railroads, riven to the same court by chapter 1 13. The salaries 
of the chief justices of the Supreme Judicial Court and the Superior 
11 



82 HISTORY OF THE BENCH AND BAR. 

Court are $7,500 and $500 for travel for the former, and $6,500 and 
$500 for travel for the latter; and for the associate justices, $7,000 and 
$500 for travel for those of the former, and $6,000 and $500 for travel 
for those of the latter. 

The law establishing the Superior Court abolished not only the Com- 
mon Pleas Court, but also the Superior Court for the county of Suffolk 
and the Municipal Court of the city of Boston, whose functions and 
powers it assumed as well as those of the Court of Common Pleas. These 
two courts will be referred to hereafter. 

The Court of General Sessions of the Peace was the third court es- 
tablished June 27, 1699. The act establishing it provided that it should 
be held in each county by the justices of the peace of the same county, 
who were empowered to hear and determine all matters relating to the 
conservation of the peace. The court for Suffolk was to be held on the 
first Tuesdays in July, October, January and April. This court con- 
tinued without material change until June 19, 1 807, its powers having 
been renewed after the adoption of the constitution by an act passed 
July 3, 1782. By an act passed at the above date, June 19, 1807, it 
was provided ihat this court should be held in the several counties by 
one chief justice and four associates for Suffolk, six for Essex, six for 
Middlesex, six for Hampshire, four for Berkshire, four for Norfolk, four 
for Plymouth, four for Bristol, two for Barnstable, two for the county of 
Dukes county, two for Nantucket, four for York, four for Cumberland, 
four for Oxford, four for Lincoln, six for Kennebec, six for Hancock, 
and two for Washington. These justices were to act as the General 
Court of Sessions, instead of justices of the peace, and to have and per- 
form all the duties of the old court. On the 19th of June, 1809, the 
jurisdiction of the General Court of Sessions of the Peace was trans- 
ferred to the Court of Common Pleas. Up to that time the judges in 
Suffolk county had been : 

William Dennison, appointed September 28, 1807, chief justice ; David Tilden, ap- 
pointed September 28, 1807, associate ; Russell Sturgis, appointed September 28, 1807, 
associate ; Samuel Clap, appointed September 28, 1807, associate. 

On the 25th of June, 181 1, an act was passed providing " that from 
and after the first day of September next, an act made and passed on 
the nineteenth day of June, in the year of our Lord one thousand eight 



INTRODUCTORY CHAPTER. 83 

hundred and nine, entitled 'An act to transfer the powers and duties of 
the Court of Sessions to the Courts of Common Pleas, and for other 
purposes,' be and the same is hereby repealed," and that said General 
Court of Sessions should be revived. After the revival, on the 30th of 
August, 181 1, William Dennison was again appointed chief justice and 
David Tilden and Russell Sturgis associates. Discretion was given to 
the governor to appoint one chief justice, anc not more than four nor 
less than two associates in any county. 

On the 28th of February, 18 14, still another act was passed repealing 
the act of revival of the General Court of Sessions, except so far as Suf- 
folk, Nantucket and the county of Dukes county were concerned, and 
transferring their jurisdiction to the Circuit Court of Common Pleas, 
which had been established on the 21st of June, 181 1. By this act the 
governor was authorized to appoint two persons in each county to be 
session justices of the Circuit Court of Common Pleas in their respective 
counties, and to sit with the justices of the Circuit Court in tne adminis- 
tration of all matters within their county over which the Courts of Ses- 
sions had jurisdiction. The administration of county affairs was con- 
ducted by the Circuit Court of Common Pleas until February 20, 18 19, 
when the act which transferred the powers of the Court of Sessions to 
that court was repealed, and it was provided by law that the Court of 
Sessions in each county should beheld by a chief justice and two asso- 
ciates. The Court of Sessions for Suffolk county continued until Feb- 
ruary 23, 1822, when it was abolished by an " act to regulate the ad- 
ministration of justice within the county of Suffolk and for other pur- 
poses." In addition to those already mentioned as judges at various 
times in the changing conditions of the court in Suffolk county, were 
Josiah Batchelder, appointed July 2, 1808; Benjamin Homans, ap- 
pointed May 18, 1812; William Little and Edward Jones, appointed 
May 25, 1812; William Smith, appointed January 20, 1814, and Ben- 
jamin Rand, appointed May 25, 1 819. 

The Courts of Justices of the Peace have been handed down from the 
earliest days of the province and were first established by the act for 
the establishing of judicatories and courts of justice within the province, 
passed November 25, 1692, and disallowed by the Privy Council Au- 
gust 22, 1695. They were again established by an act passed June 18. 



84 H J STORY OF THE BENCH AND BAR. 

1697, and afterwards confirmed by repeated legislation. Their civil and 
criminal powers were so similar to those of justices of the Common- 
wealth, that it is not proposed to set them forth more fully than they 
have already been in an earlier part of this narrative. 

The Boston Court of Common Pleas was established by an act passed 
February 26, 1814. At that time Suffolk county was a part of the mid- 
dle circuit. The act provided that after the 28th of March, 18 14, a 
Court of Common Pleas should be held at Boston for the county of 
Suffolk on the first Tuesdays of January, March, May, July, September 
and November, to be called " the Boston Court of Common Pleas." It 
was to have one judge with a jurisdiction over all causes of a civil nat- 
ure which had been cognizable by the Circuit Court of Common Pleas. 
It was also to have original and concurrent jurisdiction in all civil ac- 
tions in the county of Suffolk under the sum of twenty dollars, and to 
hold a court to be called the Town Court for the summary trial without 
jury of all such actions on Wednesday of every week. The clerk of 
said court was to be called " Recorder" and have power to hold the 
court in case of the death or absence of the judge. This court continued 
until it was abolished by the act establishing a Common Pleas Court for 
the Commonwealth February 14, 182 1 . The judges of this court at 
various times were as follows : 

Harrison Gray Otis, appointed March 16, 1814; William Minot, appointed March 2, 
1818; William Prescott, appointed April 21, 1818; Artemas Ward, appointed May 11, 
1819. 

"An act to establish a Municipal Court in the Town of Boston " was 
passed March 4, 1800. The following are some of its provisions : "That 
there shall be holden within and for the Town of Boston, on the first 
Monday of every month, by such learned, able and discreet person as 
the governor shall appoint and commission pursuant to the constitu- 
tion, a court of justice by the name of the Municipal Court for the Town 
of Boston ; that said court shall have full power to adjourn from day to 
day and shall have cognizance of all crimes and offences committed 
within the town of Boston, which are now cognizable in the Court of 
General Sessions of the Peace ; and cognizance of all crimes and of- 
fences against the By-Laws of the said Town ; of frauds, deceits, mo- 
nopolies, forestalling, regrating, thefts aud nuisances." 



•^ 






% 



V 




^-c^>-^ ^s c ~ii^/ 




INTRODUCTORY CHAPTER. 85 

The court was presided over by one judge until March 1, 1843, when 
it was provided by law that the judges of the Common Pleas Court 
should be ex-officio the judges of the Municipal Court. When the Su- 
perior Court of the county of Suffolk was established by an act passed 
May 21, 1855, the powers of the judges of the Common Pleas Court in 
relation to the Municipal Court were transferred to the new court, and 
when the Superior Court was established, April 5, 1859, the Municipal 
Court was finally abolished. The judges of this court at various times 
were : 

George Richards Minot appointed 1800; Thomas Dawes, jr., appointed 1802; Josiah 
Quincy, appointed January 16, 1822; Peter O. Thacher, appointed May 14. 1823. 

On the 2istof May, 1855, an act was passed to establish the "Su- 
perior Court of the County of Suffolk," which provided for the appoint- 
ment of four justices, one of whom should be chief justice, with juris- 
diction " in all cases, and in the same manner, and to the same extent, 
in which the Court of Common Pleas now has jurisdiction in said county, 
whether original and exclusive, concurrent or appellate; and they shall 
also have exclusive jurisdiction in all cases in which the Court of Com- 
mon Pleas now has concurrent jurisdiction with the Supreme Judicial 
Court in said county, wherein the damages demanded or the property 
claimed shall not exceed in amount or value the sum of fifteen hundred 
dollars; and no action in which the said Superior Court may have juris- 
diction under this act shall be brought in the Supreme Judicial Court in 
the county of Suffolk, except the damages therein demanded, or the 
property claimed, shall exceed in amount or value the sum of fifteen 
hundred dollars, and when the plaintiff, or some one in his behalf, shall 
before service of the writ, make oath or affirmation before some justice 
of the peace, that the matter sought to be recovered actually exceeds in 
amount or value the said sum." 

The act provided for six terms per year in Boston, and at any term 
to suit public convenience, two sessions might be held. The city of 
Boston was to pay the expenses of the court, the justices were to be 
ex-officio justices of the Municipal Court, the terms of the Common 
Pleas Court in the county of Suffolk were abolished and "judges of 
the said Superior Court and of the Court of Common Pleas might inter- 
change services, and hold mutual consultations in matters of law and as 



86 HISTORy OF THE BENCH AND BAR. 

to rules of practice." This court was also abolished by the act estab- 
lishing the present Superior Court passed April 5, 1859. The judges 
of this court were as follows : 

Albert H. Nelson, chief justice, appointed October 13, 1855, resigned 1858; Josiah 
G. Abbot, appointed October 13, 1855, resigned 1858; Stephen O. Nash, appointed Oc- 
tober 13, 1855. court abolished 1859; Charles P. Huntington, appointed October 13, 
1855, court abolished 1859 ; Manns Morton, jr., appointed March 14, 1858, vice Abbot; 
Charles Allen, chief justice, appointed March 19, 1858, court abolished 1859. 

A Police Court was established in Boston by an act passed February 
23, 1822, the most important provisions of which for the purposes of 
this narrative were as follows: "That the town of Chelsea shall con- 
tinue to be a part of the county of Suffolk, for all purposes relating to 
the administration of justice, as though this act had not been passed, 
excepting that the town of Chelsea shall not be liable to taxation for 
any county purposes, until the legislature shall otherwise order; and 
excepting also as hereinafter provided, concerning the jurisdiction of 
justices of the peace. That the Court of Common Pleas in the county 
of Suffolk shall have jurisdiction in all matters and things, which in re- 
lation to the town of Chelsea, or the inhabitants thereof, were cogniz- 
able by the Court of Sessions in the county ol Suffolk before the passing 
of this act. 

" That there shall be and hereby is established within and for the 
city of Boston, a Police Court to consist of three learned, able and dis- 
creet persons to be appointed and commissioned by the governor pur- 
suant to the constitution, and the session justice shall preside in said 
court; and a court shall be held daily at nine of the clock A. M. and at 
three of the clock P. M., by some one or more of said justices, and at 
any other terms when necessary to take cognizance of all crimes, of- 
fences and misdemeanors, whereof justices of the peace may take 
cognizance by law, and of all offences which may be cognizable by one 
or more of said justices, according to the by-laws, rules and regulations 
which may be established by the proper authority of the city of 
Boston. 

" That a court shall be held by one or more of said justices on two 
several days in each week, and as much oftener as may be necessary, to 
be called and styled the Justice's Court for the county of Suffolk ; which 



INTRODUCTORY CHAPTER. 87 

court shall have original, exclusive jurisdiction and cognizance of all 
civil suits and actions, which before, and until the passing of this act, 
might by law be heard, tried and determined before any justice of the 
peace within and for the county of Suffolk; and an appeal shall be al- 
lowed from all judgments in said justice's court in like manner as ap- 
peals are now allowed by law, from judgments of justices of the peace 
in civil actions in the said county of Suffolk." 

The final provision of the act was "that it shall be of no force or 
effect unless a certain act establishing the city of Boston," passed at 
the present session, shall be accepted by the inhabitants of the town 
of Boston pursuant to the provision therein made. 

The Police Court and the Justice's Court described in the above act 
remained distinct, one exercising criminal and the other civil jurisdiction, 
with the same judges for both, until i860 when it was enacted in the 
general statutes that "all cases and proceedings pending in or return- 
able to the Justice's Court for the county of Suffolk, and the records 
and jurisdiction of said court are transferred to the Police Court." 
The judges who served at various times in this court were : 

Benjamin Whitman, appointed June 10, 1822, senior justice ; William Simmons, ap- 
pointed June 10, 1822 ; Henry Orne, appointed June 10, 1822 ; John G-. Rogers, ap- 
pointed August 10, 1831 ; James C. Merrill, appointed February 19, 1834; Abel Cushing, 
appointed June 30, 1843 ; Thomas Russell, appointed February 26, 1852 ; Sebeus C. 
Maine, appointed November 3, 1858; George D. Wells, appointed May 31, 1859; Ed- 
win Wright, appointed July 9, 1861 ; Mellen Chamberlain, appointed June 28, 1861, 
special justice. 

The Police Court was abolished by an act passed May 29, 1866, es- 
tablishing the Present Municipal Court of the city of Boston. That 
act provided that " there shall be established a court to be called the 
Municipal Court of the city of Boston, which shall have the same 
powers and jurisdiction in all actions and proceedings at law, whether 
civil or criminal as the Police Court of the city of Boston now has, ex- 
cept as hereinafter provided " — that " all cases pending at the time this 
act shall take full effect, whether civil or criminal, in the Police Court of 
the city of Boston, shall be transferred to and have day in the proper 
day and term of the Municipal Court of the city of Boston ; and all 
writs, processes, complaints, petitions and proceedings whatever which 
are made returnable or to be entered in said Police Court, shall be 



88 HISTORY OF THE BENCH AND BAR. 

returnable to, entered and have day in the proper day and term of 
said Municipal Court, that there shall be appointed, commissioned and 
qualified, agreeably to the constitution, . . three suitable persons as 
justices of the Municipal Court of the city of Boston, one of whom 
shall be appointed, commissioned and qualified as chief justice thereof, 
one or more of whom shall hold a court for criminal business daily, ex- 
cept Sundays or legal holidays, in the forenoon at nine o'clock, and in 
the afternoon except on Saturday at three o'clock, or some hour there- 
after, and a court for civil business weekly, each term of which shall 
begin on Saturday. 

By chapter 41 of the laws of 1882 the number of associate justices 
was increased to three and by chapter 419 of the laws of 1888 to four. 
The judges of the court have been the following : 

John W. Bacon, appointed July 2, 186G, chief justice; Francis W. Hurd, appointed 
July 2, I860, associate ; Mellen Chamberlain, appointed June 29, 1866, associate; Mellen 
Chamberlain, appointed December 1, 1871, chief justice ; Joseph M. Churchill, appointed 
March 3, 1871, associate; William E. Parmenter, appointed December 12, 1871, asso- 
ciate; John Wilder May, appointed October 12, 1878, chief justice; William E. Par- 
menter, appointed January 24, 1883, chief justice; W. J. Forsaith, appointed January 
23, 1872, special; W. J. Forsaith, appointed March 8, 1882, associate; Matthew J. 
McCafferty, appointed January 24, 1883, associate; George Z. Adams, appointed July 
11, 1882, special ; John H. Hardy, appointed June 3, 1885, associate; Benjamin R. Curtis, 
appointed April 28, 1886, associate ; Frederick D. Ely, appointed October 10, 1888, asso- 
ciate; John H. Burke, appointed February 11, 1891, associate. 

Within the present limits of Suffolk county there are the following 
Municipal, Police and District Courts: 

1. The Municipal Court of the city of Boston, the establishment of 
which has been already stated with a jurisdiction including wards 6, 7, 
8, 9, 10, 11, 12, 16, 17, 18, and the following judges: William E. Par- 
menter, chief justice, William J. Forsaith, John H. Hardy, Frederick D. 
Ely and John H. Burke, associate justices, and George Z. Adams, spe- 
cial justice. 

2. The Municipal Court of South Boston was established May 26, 
1874, and now has a jurisdiction including wards 13, 14, 15, with the 
following judges: Robert I. Burbank, justice, and Joseph D. Fallon 
and Charles J. Noyes, special justices. 

3. The Municipal Court of the Charlestown District was originally 
established as the Police Court of the city of Charlestown, April 4, 1862, 



INTRODUCTORY CHAPTER. 89 

but assumed its present name pursuant to the act uniting Charlestown 
with Boston passed May 14, 1873. It has jurisdiction over wards 3, 4, 
5, with the following judges : Henry W. Bragg, justice, and Joseph H. 
Cotton and Simon Davis, special justices. 

4. The Municipal Court of the Highland District was established by 
an act passed June 1, 1867, uniting Roxbury with Boston, under the 
name of the Municipal Court of the Southern District of the city ot 
Boston, and acquired its present title pursuant to an act passed May 26, 
1874. It has jurisdiction over wards 19, 20, 21, 22, and the following 

judges: Solomon A. Bolstor, justice, and George R. Wheelock and 
Walter S. Frost, special justices. 

5. The Municipal Court of the Dorchester District was established 
June 10, 1870. It has jurisdiction in ward 29 and the following 
judges: Joseph R. Churchill, justice, and George M. Reed, and George 
A. Fisher, special justices. 

6. The Municipal Court of the Brighton District was established May 
26, 1874. It has jurisdiction in ward 25, and the following judges: 
Henry Baldwin, justice, and James H. Rice and Charles A. Barnard, 
special justices. 

7. The Municipal Court of the West Roxbury District was established' 
May 26, 1874. It has jurisdiction in Ward 23, and the following judges: 
James M. F. Howard, justice, and George R. Fowler and Henry Aus- 
tin, special justices. 

8. The Police Court of Chelsea was established February 27, 1855. 
It originally included Chelsea, North Chelsea (Revere), and Winthrop 
in its jurisdiction, but in 1886 Winthrop was added to the jurisdiction 
of the District Court of East Boston. The judges of the court are 
Albert D. Bosson, justice, and William H. Hart and Frank E. Fitz, 
special justices. 

9. The East Boston District Court was established as the Municipal 
Court of the East Boston District, May 26, 1874, and was re-established 
under its present na^ie by an act passed February 16, 1886. Its juris- 
diction extends over Wards 1 and 2, and the town of Winthrop, which 
until the organization of this court was included within the jurisdiction 
of the police court of Chelsea. Its judges are William H. H. Emmons, 
justice, and James L. Walsh and Albert E. Clary, special justices. 

12 



9 o HISTORY OF THE BENCH AND BAR. 

It will be proper here to state that by an act passed May 3, 1850, 
Chelsea, North Chelsea (Revere), and Winthrop, parts of Suffolk county, 
were placed under the jurisdiction of the county commissioners of Mid- 
dlesex. Suffolk county, of course, has no commisioners. 

In the city of Boston the board of aldermen have all the powers and 
duties of county commissioners, except in relation to trials by jury and 
recovery of damages in such trials, in cases of laying out and discon- 
tinuing highways, and appeals from assessors for abatement of taxes. 

It has been stated in an earlier part of this narrative that under the 
colonial charter matters relating to the probate of wills and the admin- 
istration of estates of deceased persons were within the jurisdiction of 
the county court. This jurisdiction was disturbed during the brief ad- 
ministrations of Dudley and Andros, but after the overthrow of Andros 
the old method was resumed and continued until the province charter 
went into operation. By that charter probate affairs were placed in the 
hands of the Governor and Council, who claimed and exercised the right 
to appoint judges and registers of probate in the various counties. The 
following is believed to be a correct list of persons holding these offices 
in Suffolk county by appointment under the provincial charter, and 
until the first law was passed relating to probate affairs after the adop- 
tion of the constitution : 

Judges of Probate. — William Stoughton, appointed June 18, 1692 ; Elisha Cooke, Aug- 
gust 8, 1701 ; Isaac Addington, November 19, 1702 ; Samuel Sewall, December 9, 1715 ; 
Joseph Willard, December 19, 1728; Joseph Willard, November 5, 1741; Edward 
Hutchinson, February 12, 1745-6; Thomas Hutchinson, April 3, 1752; Thomas Hutch- 
inson. November 5, 1761: Foster Hutchinson, August 3, 1769; Thomas Cushing, 1775: 
Oliver Wendell, November 16, 1780. 

Registers of Probate. — Isaac Addington, appointed June 18, 1692; Paul Dudley, No- 
vember 19, 1702; Joseph Marion, December 19, 1715; JohnBoydell; Benjamin Rolfe, 
October 19, 1722, (Boydell absent) ; John Boydell, December 19, 1728 ; John Boydell, 
December 15, 1732; Andrew Belcher, December 21, 1739; Andrew Belcher, Novem- 
ber 5, 1741; John Payne, July 14, 1749, (Belcher absent) ; John Shirley, January 25, 
1751; John Payne, September 20, 1754, (Shirley absent); John Payne, January 11, 
, (Shirley absent); John Payne, March 28, 1755; John Cotton, March 28, 1755; 
William Cooper, 1759; John Cotton, 1759; William Cooper, 1761; John Cotton, 1761; 
William Cooper, October 30, 1776. 

On the 1 2th of March, 1784, an " Act for establishing Courts of Pro- 
bate " was passed, providing that a court shall be held in the several 



INTRODUCTORY CHAPTER. 



9' 



counties, and that a judge and register shall be appointed in each 
county ; that the Supreme Judicial Court shall be the Supreme Court 
of Probate with appellate jurisdiction of all matters determinable by the 
probate judges. 

Under this act and until 1838, when the offices of judges and regis- 
ters of probate and insolvency were created, the following officers ad- 
ministered the affairs of the court: 

Judges of Probate. — Oliver Wendell, appointed November 16, 1780, (held over) ; 
James Sullivan, May 27, 1788; Thomas Dawes, February 19, 1790; George Richards 
Minot, February 1, 1792 ; Thomas Dawes, jr., January 26, 1802; Joseph Hall, Septem- 
ber 6, 1825; John Heard, March 15, 1836; Willard Phillips, May 3, 1839; Edward 
Greeley Loring December 17, 1847; John P. Putnam, March 27, 1858. 

Registers of Probate. — William Cooper, appointed October 30, 1776, (held over); 
Perkins Nichols, November 19, 1799; John Heard, May 26, 1806; David Everett, 
October 22, 1811; John Heard, June 20, 1812; Oliver B. Peabody, March 15, 1836; 
Horatio M. Willis, February 8, 1842; Thomas Gill, April 1, 1852; Horatio M. Willis, 
July 1, 1853 ; William C. Browne, February 28, 1855. 

An amendment to the constitution, ratified by the people on the 23d 
of May, 1858, provided that at the annual election and in every fifth 
year thereafter, the register of probate of each county should be chosen 
by the people. Pursuant to this amendment William C. Browne, then 
holding the office, was chosen register. In 1856 a Court of Insolvency 
was established by law in each county, and Isaac Ames was appointed, 
June 16, 1856, judge of insolvency for Suffolk county and Charles W. 
Storey, register. In 1858 the offices of judge and register of probate 
and those of judge and register of insolvency were abolished and the 
offices of judge and register of probate and insolvency were created. 
In the same year it was provided that the register of probate and in- 
solvency should be chosen by the people in that year and every fifth 
year thereafter. Isaac Ames was appointed judge of probate and in- 
solvency May 11, 1858, and at the election in November William C 
Browne, the former register of probate, was chosen register. The suc- 
cessor of Judge Ames was John W. McKim, the present incumbent, 
who was appointed March 27, 1877. Mr. Browne was rechosen for five 
years in 1863, and was succeeded by William S. King, who was chosen 
in November, 1870. At the death of Col. King, Patrick R. Guiney suc- 
ceeded to the office, and after his death, which occurred March 21,. 



9 2 HISTORY OF THE BENCH AND BAR. 

1877, Elijah George, the present incumbent, was appointed register and 
subsequently chosen by the people. 

In the history of the office of judge of probate of Suffolk county an 
event occurred, to which it may be interesting to refer. Edward Greeley 
Loring, who held the office from 1847 to 1858, was removed upon the ad- 
dress of the two Houses of the Legislature on the ground that holding 
the office of judge of probate was incompatible with holding the office 
of United States commissioner, both of which had been held by him 
some years. As United States commissioner he had heard an appli- 
cation for the rendition to his alleged master of Anthony Burns, a fugi- 
tive slave, who was arrested May 26, 1854, and rendered judgment in 
accordance with the application. This act aroused the indignation of the 
people to such an extent that his removal from office was demanded. 
Ilis removal was attempted at various times by the Legislature on the 
ground that he had violated the provisions of the 13th section of the 
459th chapter of the laws of 1855, which declared " that no person who 
holds any office under the laws of the United States which qualifies him 
to issue any warrant or other process, or to grant any certificate under 
the acts of Congress passed in 1793 and 1850, or to serve the same, shall 
at the same time hold any office of honor, trust or emolument under the 
laws of the Commonwealth." Resolves in favor of his removal on this 
ground had been several times reported by a special committee and had 
failed either to pass the Legislature, or, if passed, to receive the approval 
of the governor, and the chief argument against the resolves was the 
claim that the law of 1855 was unconstitutional. 

In 1858 a renewed attempt was made, and the writer of this narrative, 
then a member of the Senate, was made chairman of the committee to 
whom the petitions for removal were referred. The late Joseph M. 
Churchill, of Dorchester, was chairman on the part of the House, in 
which branch the petitions had been presented, and he was requested by 
the committee to draft a report in favor of the passage of an address. 
The writer, believing that a removal would never be accomplished on 
the grounds that had been successfully attacked either by the Legisla- 
ture or the executive, and also believing that the report of Mr. Churchill 
would repeat those grounds and thus be defeated, determined to write a 
report with reasons for removal which would not only avoid all questions 



INTRODUCTORY CHAPTER. 93 

of constitutionality, but would commend themselves also to the minds 
of men whose anti-slavery sentiments were not especially strong. 

At the next meeting of the committee, after the House chairman had 
read his report, the writer asked permission to read his own, and after 
its reading it was at once accepted by a majority of the committee. In 
order that a record may be here made of the final controlling reasons 
for a legislative act which has been misunderstood, the peport is made a 
part of this narrative as follows: 

" House of Representatives, March 9, 1858. 

"The joint special committee to whom were referred the several pe- 
titions for the removal of Edward Greeley Loring from the office of 
judge of probate for the county of Suffolk have considered the same and 
report. 

"The constitution provides that 'all judicial officers duly appointed, 
commissioned and sworn shall hold their offices during good behavior 
excepting such concerning whom there is a different provision made in 
the constitution ; provided nevertheless the governor with the consent 
of the council may remove them upon the address of both houses of the 
Legislature.' The exercise of this right in the hands of the governor 
and council and the branches of the Legislature is unrestricted. Any 
reasons, unless they may be such as are based on misconduct and mal- 
administration in office which may seem sufficient, will justify removal 
by address. 

"In the year 1840 Edward Greeley Loring was appointed commis- 
sioner of the United States to take bail and affidavits pursuant to the 
acts of Congress passed in 18 12 and 18 17. In 1846 he was appointed 
judge of probate for the county of Suffolk. At that time under the 
act of Congress of 1793 jurisdiction in all cases of the extradition of 
fugitives from service or labor was vested in any magistrate of a county, 
city or town corporate. The duties imposed on a commissioner in 1840, 
though enlarged by acts of Congress subsequently, were of such a char- 
acter that perhaps no valid reason existed why the offices of judge of 
probate and commissioner of the United States should not be held, 
and their separate functions discharged by one and the same person. 

" But by the act of Congress passed in 1850 the jurisdiction in ques- 
tion was transferred to the commissioners of the United States, and in 



94 HISTORY OF THE BENCH AND BAR. 

the language of that act Edward Greeley Loring as one of the commis- 
sioners was ' required to exercise and discharge all the powers and 
duties conferred by this act.' This transfer increased the duties and 
responsibility of the commissioners and so changed their character that 
the holding of that office became in the opinion of your committee in- 
compatible with the holding of the office of judge of probate ; that a 
faithful discharge of the duties of the one became inconsistent with the 
proper discharge in all cases of the duties of the other. 

" A single illustration will suggest the conflict which might arise in 
the exercise of the powers and duties imposed by the two offices. A 
slave mother dies in Massachusetts and her children are brought before 
the Court of Probate for the appointment of a guardian. The judge of 
probate by the laws of Massachusetts is for the time their protector and 
friend, and while the hearing is pending the same judge in the capacity 
of commissioner is called upon to issue a warrant for their seizure as the 
property of a southern slave owner. 

" Again the constitution provides that ' the judges of probate of wills 
and for granting letters of administration shall hold their courts at such 
place or places or fixed days as the convenience of the people shall re- 
quire, and the Legislature shall from time to time hereafter appoint such 
times and places.' These times and places have been fixed by the Leg- 
islature agreeable to the wants and convenience of the people. 

" It must be apparent that the assumption or occupation by any judge 
of probate of any office whose duties might interfere with the discharge 
of his probate duties at the times and places thus constitutionally pre- 
scribed is improper, and after due notice is a sufficient cause of removal. 
It cannot be denied that a judicial officer under the laws of the United 
States whose duties are compulsory upon the incumbent may be in- 
compatible with a judicial office under the laws of Massachusetts whose 
duties are no less compulsory. Now no limit is to be presumed to the 
amount of duties which a commissioner maybe called upon to perform. 
If the discharge of the duties of commissioners were voluntary under 
the act of 1850, tfce mere occupation of the office might be unobjection- 
able, but in the language of Judge Loring in his protest in 1855 'the 
duty of commissioners of the Circuit Court of the United States under 
the law of 1850, is imperative upon them,' and 'an application made 



INTRODUCTORY CHAPTER. 95 

pursuant to law to any one commissioner fixes that duty on him and 
after such application he can neither decline it nor evade it.' It is clear 
then that even if such applications were rare, they might be made at 
the very time fixed by the law for the performance of his probate duties, 
and if numerous they might prevent their performance altogether. The 
fact that during the trial of Anthony Burns such a conflict existed as 
compelled Judge Loring in the discharge of duties as commissioner to 
adjourn the Court of Probate and postpone its business, sufficiently con- 
firms the incompatibility in question. 

" But the duties of commissioners in connection with the extradition 
of fugitive slaves are not the only duties which might conflict with the 
proper discharge of the duties of judge of probate. Pursuant to several 
acts of Congress passed subsequently to the appointment of Judge Lor- 
ing as commissioner in 1840, he is liable to be called to act in cases of 
extradition of fugitives from foreign countries, and issue warrants and 
hold preliminary examinations in cases of revolts, mutiny and affrays 
on shipboard, and a great variety of crimes and offences committed on 
sea and land within the jurisdiction of the United States. These duties 
enlarging from year to year aid still further in constituting the office of 
United States commissioner such an office as cannot with propriety be 
held by a judicial officer under the laws of Massachusetts. When we 
add to this interference of official duties their opposite and conflicting 
natures the incompatibility is the more manifest. 

" This incompatibility has been long since recognized by the laws of 
the Commonwealth and by the members of successive legislatures. The 
law of 1843, though applicable to magistrates of this Commonwealth in 
the performance of the duties imposed upon them by the act of Con- 
gress of 1793, was clearly indicative of the determination of the people 
of Massachusetts that no magistrate in judicial office should participate 
in the extradition of slaves The sentiment and spirit of that law are 
as clearly violated whether that participation is had by a magistrate of 
Massachusetts as such acting under the law of 1793, or by a commis- 
sioner of the United States acting under the law of 1850, who is at the 
same time a judicial officer under the laws ot the Commonwealth. In con- 
formity with the spirit of this law the Legislature declared by resolves in 
1850 ' that the sentiments of the people of Massachusetts as expressed 



9 6 HISTORY OF THE BENCH AND BAR. 

in their legal enactments in relation to the delivering up of fugitive slaves 
remain unchanged' and ' that the people of Massachusetts in the main- 
tenance of these their well-known and invincible principles expect that 
their officers and representatives will adhere to them at all times, on all 
occasions, and under all circumstances.' 

" The law of 1855 in a more positive manner recognizes the same 
principle and applies it to the condition of things existing in conse- 
quence of the law of Congress passed in 1850. In direct contraven- 
tion of the terms and spirit of this law, Judge Loring now holds the two- 
offices of judge of probate and United States commissioner. Indeed, 
the whole current of sentiment and law in Massachusetts during the last 
fifteen years has enunciated the principle that no officers of this Com- 
monwealth shall engage in the extradition of slaves, or occupy any of- 
fice among whose dutie- such extradition may be counted. The same 
doctrine has been endorsed and confirmed by the address of two Legis- 
latures to the governor of the Commonwealth for the removal of the 
judge who has disregarded and violated it. 

" For these reasons, in the opinion of the committee, the Legislature 
is called upon to address the governor to remove Edward Greeley Lor- 
ing from the office of judge of probate for the county of Suffolk. They 
do not feel obliged to base their grounds for his removal upon the law 
of 1855, and, indeed, to establish the entire validity of these grounds, 
in their opinion it is not necessary to regard that law, except so far as it 
is declaratory of the sentiment of the people. If that law is constitu- 
tional, it is sufficient to say that its violation is a valid reason for the 
address. If it is unconstitutional, they hold that the principle so long 
acknowledged which dictated its enactment, is also abundant cause and 
justification. 

"Ample notice has been given to Judge Loring of the wishes of the 
people as expressed through their representatives, and ample time af- 
forded him to respect and yield to them. While judge of probate he 
still holds the office of United States commissioner in defiance of the 
sentiment of the Commonwealth, and his removal by address is the only 
remedy which the constitution recognizes or provides. 

'Your committee therefore respectfully recommends that the accom- 
panying address be sent to the governor, requesting him with the consent 



INTRODUCTORY CHAPTER. 97 

of the Council to remove Edward Greeley Loring from the office of 
judge of probate for the county of Suffolk. 

" And your committee further recommends that a joint committee 
consisting of two on the part of the Senate and five on the part of the 
House be appointed to present said address to the governor." 

The address was adopted by the Legislature and presented by the 
writer as chairman of the committee appointed for the purpose, to Na- 
thaniel P. Banks, then governor, who with the advice and consent of the 
Council promptly caused the removal. 

The committee reporting the address to the Legislature consisted of 
Wm. T. Davis and Joseph W. Cornell, on the part of the Senate, and 
Joseph M. Churchill, Dexter F. Parker, George Stevens, W. F. Arnold, 
and William Page, on the part of the House. Mr. Page made a minor- 
ity report in opposition to the address, and Messrs. Churchill, Parker, 
Arnold, and Cornell reported that while they concurred in the report 
they favored the removal for the additional reason " that the said Ed- 
ward Greeley Loring in violation of the provisions of the 13th section 
of chapter 489 of the acts of 1855, holds the office of judge of probate 
for the county of Suffolk, and also the office of United States commis 
sioner with power to issue process and grant certificates under the act 
of Congress approved September 18, A. D. 1850, known as the fugitive 
slave act." 

It is not proposed to include in this narrative sketches of the United 
States courts sitting within the county of Suffolk, but some reference to 
admiralty affairs before the adoption of the constitution may be appro- 
priate. Under the colony charter the Court of Assistants held admi- 
ralty jurisdiction, and under a law passed by the General Court in 1673, 
were authorized to hear and try cases without a jury. Under the prov- 
ince charter the crown reserved the power of establishing admiralty 
courts and appointing their officers. The words of the charter are : 
" Provided alwaies and it is hereby declared that nothing herein shall 
extend or be taken to Erect or grant or allow the Exercise of any Ad- 
mirall Court Jurisdiccon Power or Authority, but that the same shall be 
and is hereby reserved to Us and Our Successors and shall from time to 
time be Erected Granted and exercised by vertue of Commissions to be 
yssued under the Great Seale of England or under the Seale of the High 



9 8 HISTORY OF THE BENCH AND BAR. 

Admirall or the Commissioners for executing the Office of High Ad- 
mirall of England." 

The admiralty judges under the province charter having jurisdiction 
in Massachusetts were Adam Winthrop, appointed in 1699; William 
Atwood, appointed in 1701; Roger Mompesson, appointed in 1703 ; 
Nathaniel Byfield, appointed in 1703 ; John Menzies, appointed in 17 15 ; 
Robert Auchmuty, appointed in 1728; Nathaniel Byfield, appointed in 
1728 ;. Robert Auchmuty, appointed in 1 73 1 ; Chambers Russell, ap- 
pointed in 1747; Robert Auchmuty, jr., appointed in 1767, who held 
office until the Revolution. At a later date during the Revolution there 
appears to have been a Maritime Court, divided into three districts, of 
which Timothy Pickering was judge of the Middle District, Nathan dish- 
ing of the Southern, and Timothy Langdon of the Northern. The wri- 
ter has not been able to learn much concerning this court, nor does 
he consider it necessary to investigate it for the purposes of this narra- 
tive. 

With some reference to the attorney-generals who have served the 
province and State, to the sheriffs, and county attorneys of the county 
of Suffolk, all of whom are intimately associated with the judicial sys- 
tem and to the court-houses in use at various times, this sketch of the 
courts will close ; and it will be only necessary before bringing this 
chapter to an end to allude to the condition and character of the Suffolk 
bar at different periods of its history. 

The first attorney-general appears to have been Benjamin Bullivant, 
who received a reappointment to that office in 1686, and was succeeded 
by George Farwell, who served until June 20, 1688. During the re- 
maining time of the administration of Andros', James Graham held the 
office, and was succeeded by Anthony Checkley, June 14, 1689. Checkley 
was reappointed under the province charter by Governor Phipps, Oc- 
tober 28, 1692. Paul Dudley was appointed July 4, 1702, and in the 
opinion of Judge Washburn, Thomas Newton succeeded Dudley in 
1718, and served until May 28, 1 72 1. The successors of Newton un- 
der the province charter were John Overing, 1722; John Read, 1723; 
John Overing, 1728 ; John Read, 1733; William Brattle, 1736; John 
Overing, 1739; Jeremiah Gridley, 1742; John Overing, 1743; James 
Otis, 1748; Edmund Trowbridge, 1749; Jonathan Sewall, 1767, the 
last attorney- general under the charter. 



. INTRODUCTORY CHAPTER. 99 

The office of solicitor- general was created in 1767, and given to Jona- 
than Sewall before his appointment as attorney- general, and when he 
was appointed to that office in the same year, Samuel Quincy was ap- 
pointed solicitor-general, who held the office until the Revolution. 
When the office of solicitor- general was revived, Daniel Davis was ap- 
pointed in 1808 and continued in office until June 1, 1832, when the 
office was abolished by an act passed March 14, 1832. 

Since the adoption of the constitution the following persons have held 
the office of attorney- general : 

Robert Treat Paine, appointed during the Revolution and held over; James Sullivan, 
February 12, 1790; Barnabas Bidwell, June 15, 1807; Perez Morton, September 7, 
1810; James T. Austin, May 24, L832 (office abolished in 1843); John Henry Clifford, 
1849 (office revived) ; Ruf us Choate, January 22,1853; John Henry Clifford, May 20, 
1854; Stephen Henry Phillips, chosen 1858; Dwight Foster, 1861; Chester I. Reed, 
1864 (resigned); Charles Allen, 18(37 ; Charles R. Train, 1872; George Marston, 
1879; Edgar J. Sherman, 1883 (resigt ed) ; Andrew J. Waterman, 1887; Albert E. 
Pillsbury, 1891 (incumbent). 

During the colonial period there was no officer bearing the title of 
sheriff until the time of Andros, when James Sherlock acted in that ca- 
pacity and officiated in the Superior Court of Judicature in 1688, over 
which Joseph Dudley presided as chief justice, with William Stoughton 
and Peter Bulkley as associates. The following persons have served as 
sheriff of Suffolk county under the province charter and under the con- 
stitution : 

Samuel Gookin, appointed May 27, 1692; Giles Dyer, October 23, 1702; William 
Dudley, August 27, 1713; William Payne, February 19, 1714-15; William Dudley, 
March 2, 1714-15 ; William Payne, December 9, 1715 ; Edward VVinslow, December 
12, 1728; Benjamin Pollard, October 20, 1743; Stephen Greenleaf, January 3, 1757; 
William Greenleaf, 1775; Joseph Henderson, December 14, 1780; Jeremiah Allen, 
April 14, 1791; Samuel Bradford, June 16, 1800; Joseph Hall, October 13, 1818; 
Charles Pmckney Sumner, September 6, 1825 (resigned) ; Joseph Eveleth, April 11, 
1839; Henry Crocker, February!, 1852 (resigned); Joseph Eveleth, May 21, 1853; 
John M Clark, February 28, 1855; John B. O'Brien, chosen 1883 (incumbent) 

The office of county attorney, or as at various times it has been called, 
attorney of the State, Commonwealth attorney, and district attorney, 
was established in 1807, and that year James T. Austin was appointed 
attorney of the State In 181 1 he was reappointed as county attorney, 
and served until 1830. On the 5th of July in that year Samuel Dunn 



too HISTORY OF THE BENCH AND BAR. 

Parker was appointed county attorney, and served until 1852. On the 
4th of February in that year, John C. Park was appointed Common- 
wealth attorney, and, served until the 30th of September, 1853, when 
George Partridge Sanger was appointed. George W. Cooley was ap- 
pointed to succeed Mr. Sanger September 5, 1854, and served until the 
26th of February, 1861, when Joseph H. Bradley was appointed dis- 
trict attorney. Mr. Bradley declined, and George Partridge Sanger was 
appointed March 21, 1861. John Wilder May succeeded May 18, 1869, 
and Oliver Stevens, the present incumbent, in 1875. 

A few words concerning the buildings in which the courts have been 
held at various times in Boston will not be inappropriate. Thomas 
Lechford, writing in 1640, said that the General Court and the Great 
Quarter Courts were held in the Meeting House. At that time the 
Meeting House stood on the site of Joy's building on Washington 
street, in front of Young's Hotel. It had previously stood on the site 
of Brazier's building on State street. Between these two sites Capt. 
Robert Keayne lived, on the corner of Washington and State streets, 
and the market place was on the site of the 'old State House. Captain 
Keayne died in 1656, leaving to the town of Boston ^300 " for a town 
house, a conduit and a market place, with some convenient room or 
two for the courts to meet in both summer and winter, and so for the 
townsmen and commissioners in the same building or the like and a 
convenient room for a library and a gallery or some other handsome 
room for the elders to meet in ; also a room for an armory." A wooden 
building was consequently erected and finished in 1658 on the old market 
place set on twenty-one pillars, leaving an open space on the ground 
for a market place and room above for town purposes. The General 
Court allowed to Boston one single country rate, provided the courts 
could be held in this building In 1667 it was repaired at a cost of 
£680, one-half of which was paid by the country, one- quarter by the 
county, and one- quarter by the town. 

In 171 1 it was burned, and a new building constructed of brick in 
I7 12-I 3i one- half of the cost being paid by the province and one- halt 
by the county and town. In 1747 it was again partially burned, but 
the walls of the present old State House are supposed to be the same 
erected in 17 13. In 1773 a new court house was built of brick in 



INTRODUCTORY CHAPTER. ioi 

i 

Court street, on the site now occupied by the northerly end of the stone 
building recently abandoned by the courts. 

In 1810 a court house was built on School street on the site of the 
present city hall and occupied until the stone building in Court square 
was completed in December, 1836. The old Municipal Court continued 
to be held in the brick building on Court street until June 20, 1822, 
when it was removed to Leverett street, thence to the School street 
building in 1 83 1, and to the Court street building in 1837. The Police 
Court was held in Leverett street from the time of its establishment in 
1822 to 1837, when it removed to the Court street building. 

The United States Courts were held in the School street building 
until rooms were furnished in the Court square house, and later for 
a term in Bowdoin square until the Masonic Temple was bought by 
the United States and fitted for their use. 

There was practically no bar in Suffolk county during the colonial 
period. It is probable that John Winthrop, Richard Bellingham, John 
Humphrey, Herbert Pelham, Simon Bradstreet and Thomas Lechford 
had been educated as lawyers in England, but of these Pelham and 
Lechford returned home after a few years' residence, and the others 
were chiefly occupied as magistrates and not as attorneys. The skill 
with which the colony laws were drafted shows these few men to have 
been learned and able. Edward Randolph, the secretary of the Massa- 
chusetts colony under President Dudley, wrote home to England in 
January, 1687-8: " I have wrote you of the want we have of two or three 
honest attorneys (if any such thing in nature), we have but two ; one 
is West's creature, came with him from New York and drives all before 
him. He also takes extravagant fees, and for want of more the country 
cannot avoid coming to him, so that we had better be quite without 
them, than not to have more." 

The Mr. West referred to in the letter of Randolph was John West, 
who came from New York and was appointed deputy secretary under 
Randolph, who was secretary under Andros. He was a practitioner in 
the courts, but, probably, not an educated lawyer. He managed as 
deputy secretary to deceive and financially prey upon his chief, and it 
is quite possible that he is one of the attorneys referred to in the above 
letter. He made himself so unpopular that when the Revolution of 



io2 HISTORY OF THE BENCH AND BAR. 

1688 came on he was arrested with Andros and with him sent to Eng- 
land. The other attorney was probably George Farwell, who also came 
from New York and was made attorney general by Andros. He also 
was arrested with Andros at the Revolution and sent to England in 
February, 168$. 

Another of the attorneys in the early colonial days was Thomas Mor- 
ton, of Merry Mount, who came from England in 1625, and returned in 
1628. He was probably an educated lawyer and styled himself " of 
Clifford's Inn, Gentleman." He returned to Massachusetts in 1643, was 
arrested for misconduct and after a year's imprisonment was released on 
the ground of age and insanity. 

The real practitioners in the courts, however, under the colonial char- 
ter were not lawyers. Mr. Joseph Willard, the late clerk of the courts, 
stated in an address before the Worcester bar in 1829, that among the 
leading practitioners were John Coggan, a merchant ; Amos Richard- 
son, a tailor; John Watson, a merchant; and Benjamin Bullivant, an 
apothecary and perhaps physician. In fact, the business of practicing 
in the courts was looked upon as so objectionable that a law was passed 
in 1662 excluding every one " who was a usual and common attorney 
in an Inferior Court from a s^at in the house of deputies." 

It was largely the custom for parties to manage their own suits, and 
litigation with its consequent burden upon the machinery of the courts 
became so easy and trials so tedious that the General Court ordered in 
1656 "that when any plaintiff or defendant shall plead by himself or his 
attorney for a longer time than one hour, the part)' that is sentenced or 
condemned shall pay twenty shillings for every hour so pleading more 
than the common fees appointed by the court for the entrance of actions, 
to be added to the execution for the use of the country." 

Under Andros the courts were authorized to make rules for the reg- 
ulation of court proceedings, and a table of court fees was established, 
which is here copied from Washburn's Judicial History of Massachusetts, 
as follows : 

"For commissioners of small causes, attachments or summons, I s . 

Subpoena for witnesses, 3' 1 . 

Entry, 3 s 4* 1 . 

Filing papers, each paper, 2' 1 . 




- 




^ 




INTRODUCTORY CHATTER. 103 

Judgment, 6' 1 . 

Confessing judgment, I s . 

Execution, 2 s . 

Marshal's fees on every verdict, I s . 

Each justice per diem paid out of the fines, 5 s . 

In civil actions, entry, 5 s . 

Jury on verdict not less than 6 s 6 d . 

Entering and approving bonds, 2 s . 

Superior Court jury, verdict not less than 6 s 6' 1 . 

Entry of action, 10 s . 

Confessing judgment, 2 s . 

Additional entry fee if over ,£20, 10 s . 

Entry of judgment, 2 s . 

Marshal's fee in every verdict, r s . 

Governor and council, entry of appeals, 2 s 6''. 

Entry of actions, £ 1." 

One of the earliest well educated lawyers in Massachusetts was Ben- 
jamin Lynde, senior. He graduated at Harvard in 1686, and in 1692 
went to London, where he became a student at law in the Middle Tem- 
ple, and was called to the bar in 1697. As ^ s stated elsewhere in this 
narrative, he was appointed judge of the Superior Court of Judicature 
in 1712, and was the first trained lawyer on the bench of that court. 

In the early days of the province attorneys were recognized as offi- 
cers of the court, and in 1701 the law was passed prescribing a form of 
oath to be administered to them on their admission to the bar. By a 
law passed in 1708, parties were prohibited from employing more than 
two attorneys, and no attorney was permitted to refuse his services pro- 
vided he were tendered the legal fee. 

Under the provincial charter the office of court practitioner became 
more respected as the men holding it became more numerous and bet- 
ter educated. The ministers, and merchants, and doctors on the bench 
of the Superior Court, without business experience and with little states- 
manlike skill, gradually gave place to more educated men and in many 
instances to such as were trained in the law. The increasing volume of 
mercantile transactions called for wiser counsel and a profounder knowl- 
edge of law, to aid and advise and plead the cause of those who were 



io 4 HISTORY OF THE BENCH AND BAR. 

engaged in them. It is interesting to observe the gradual evolution of 
the profession of the law from a condition of obscurity and almost con- 
tempt to a field in which the ablest men entered for the exercise and 
display of their powers. Coggan, and Richardson, and Watson, and 
Bullivant, and Checkley, and their comrades in the courts had left the 
legal arena, and such men as Newton, and Read, and Davenport, and 
Gridley, took their places, and as the Revolution approached still abler 
men appeared upon the scene. 

Mr. George Dexter, in the course of some exceedingly interesting re- 
marks made by him at the November meeting of the Massachusetts 
Historical Society in 1881, concerning the bar in the earlier part 
of the last century, says: "There seems to have been no regu- 
lar time of study prescribed for admission to the bar. The earliest 
reference I have found to this matter, is an entry in the diary of Judge 
Lynde, under date of August 4, 17 18 ; ' My dear Benjamin went to his 
uncle, Colo. S. Brown, for three years.' This was presumably for the 
purpose of preparing for his profession, but the father, having himself 
received a special legal education, may have required more than the 
ordinary professional training for his son. John Adams, who was ad- 
mitted an attorney November 2, 1758, had studied with Mr. Putnam, 
of Worcester, very little more than two years, and had taught a school 
there at the same time that he pursued his legal studies." Judge 
Washburn expresses the opinion that the requirement of three years 
study was adopted a short time before the Revolution, on the recom- 
mendation of the Essex bar. This, however, can hardly be true, as the 
order of barristers undoubtedly existed in the province as early as 1761, 
and the three years study seems connected with the establishment of 
that order. John Adams writes in his diary of 1761, that, "brother 
Samuel Quincy and I were sworn before the Supreme Court," and Jo- 
siah Quincy, jr., speaks of Adams and Quincy being called by the court 
in 1 76 1, to be barristers at law. In order to become barristers, the re- 
quirements were three years preliminary study, two years practice in 
the Inferior Court of Common Pleas, and two years subsequent practice 
in the Superior Court. 

It has been stated in an earlier part of this narrative that the term 
barrister was abolished in 1806, and counsellors were for the first time 



INTRODUCTORY CHAPTER. 105 

recognized. At the March term of the Supreme Judicial Court for 
Suffolk county in that year, the following rules were adopted and may 
be found in the second volume of the Massachusetts Reports. 

Regula GrENERALIS. 

Ordered by the court' that hereafter no motion for a new trial shall be sustained 
where the party moving it shall be entitled to a review of right, unless the right of re- 
view shall be relinquished on record, excepting when the verdict shall have been given 
against the direction of the court in matters of law. 

Regulae GrENERALES. 

1. No attorney shall do the business of counsellor, unless he shall have been made 
or admitted as such by the court. 

2. All attorneys of the court who have been admitted three years before the sitting 
of the court, shall be and are hereby made counsellors, and are entitled to all the rights 
and privileges of such. 

3. No attorney or counsellor shall hereafter be admitted without a previous exam- 
ination. 

4. The court will from time to time appoint from the barristers and counsellors a 
competent number of examiners, any two or more of whom shall examine all candi- 
dates for admission to practice as counsellors or attorneys at their expense; and when- 
ever a candidate shall upon examination be by them deemed duly qualified, they shall 
give a certificate in the form following : * * *. 

5. If after an examination, the examiners shall refuse such a certificate as aforesaid r 
they shall be required to give a certificate of their refusal, and the candidate may ap- 
peal from the decision of the examiners to a justice of the court, who will thereupon 
examine him, and either confiim or reverse the decision of the examiners; and in case 
of reversal the candidate may apply to the court for admission. 

6. If upon'an examination such certificate shall be refused, it shall be conclusive, un- 
less there be an appeal es aforesaid, so that no ether examiners shall thereafter be ap- 
pealed to without the express permission and direction of the court. 

7. No examiner shall undertake to examine any candidate who was in whole, or in 
part instructed by him in his office. 

8. The following described persons shall be candidates for examination and admis- 
sion to the bar as attorneys, that is to say — firstly, all who have been heretofore admit- 
ted as attorneys in any Court of Common Pleas in the Commonwealth, and who at 
the time they shall apply for examination, shall be in regular practice therein ; and 
second, all such as have, besides a good school education, devoted seven years at^ the 
least to literary acquisition, and three years thereof at the least in the office, and under 
the instruction of a barrister or counsellor practicing in the court. 

9. Before the examiners shall proceed to examine any person for admission as an at- 
torney who has not been admitted at a Court of Common Pleas, it shall be certified to 
them by a counsellor or barrister, or by counsellors or barristers, that the candidate has 

14 



106 HISTORY OF THE BENCH AND BAR. 

been in the office and under the instruction of a counsellor or barrister, for the term of 
three years at the least. 

10. The certificate, as well of barristers and counsellors, as to attorneys, or the certifi- 
cate of the examiners as to attorneys and counsellors, shall be returned to the clerk and 
by him recorded. 

11. Any person who has been admitted as an attorney, and as such practiced two 
years, may be a candidate for admission as a candidate and examined therefor. 

12. Every counsellor may practice as an attorney. 

13. Whenever an action shall hereafter be entered in court, the attorney or attor- 
neys for the plaintiff or appellant shall become such of record, and within the first two 
days the attorney or attorneys for the defendant or appellee shall cause themselves to 
become such of record. 

14. In all cases where parties do not appear in their proper persons, after the first 
day there shall be an attorney or attorneys of record for the defendant or appellee, and 
none for the plaintiff or appellant, the defendant or appellee on motion shall have 
iudgment as on a discontinuance ; and whenever after the first two days there shall be 
an attorney or attorneys on record for the plaintiff or appellant, and none for the de- 
fendant or appellee, the plaintiff or appellant shall on motion have judgment accord- 
ing to the nature of the case. 

15. Hereafter the court will not hear any argument against on a question of law 
arising on special pleadings, as special verdict, case stated, or motion in arrest of judg- 
ment, unless the material papers shall have been copied and delivered to the judge 
respectively at or before the commencement of the term. 

16. All who are now attorneys of the court shall be allowed to advocate causes on 
issue of fact for the term of three years from the time they were admitted as attorneys 
respectively, although they were not counsellors." 

The examiners appointed pursuant to the above order were The- 
ophilus Parsons, Christopher Gore, Samuel Dexter, Harrison Gray- 
Otis, William Sullivan and Charles Jackson. 

At the September term, 1806, in Berkshire, the court amended the 
above rules by adding, " that any person who shall have received an 
education comprising equal advantages with that expressed in the 8th 
rule of the court, adopted at the March term, although varying in the 
mode or circumstances, may be examined for admission as an attorney, 
on obtaining a license therefor from the court or a judge; and if ap- 
proved by two examiners shall receive a certificate from them conform- 
able in substance to the 4th rule." 

At the March term, 1807, in Suffolk, the rules were still further 
amended by the order " that all gentlemen proposed by the bar for 
admission as attorneys of the court, before the establishment of the 
rules regulating the admission of attorneys published in March, 1806, 



INTRODUCTORY CHAPTER. 



J07 



may be admitted as attorneys of the court in the same manner as they 
might have been before the establishment of the said rules; and after 
admission they shall be considered as attorneys of this court from the 
time at which they were proposed for admission, and before the pub- 
lication of the said rules, and this rule is to extend to all attorneys who 
have been heretofore admitted attorneys of the court, having been pro- 
posed for admission before the publication of the said rules." 

At the March term in Suffolk, in 18 10, the court repealed the Reg- 
ulae Generales of 1806, with their amendments, and adopted the follow- 
ing substitute : 

1. That any person may be admitted an attorney of this court who shall have had' 
a liberal education and regular degree at some public college, and shall afterwards 
have commenced and pursued the study of the law in the office, and under the instruc- 
tion of some counsellor of the court for three years; and shall afterwards have been ad- 
mitted an attorney of the Court of Common Pleas for the county in which such coun- 
sellor with whom he lias studied the law as aforesaid shall dwell ; having first been 
recommended by the bar of the said county to the Common Pleas as having a good 
moral character, and as suitably qualified for such admission ; and shall afterwards have- 
practiced law with fidelity and ability in some Court of Common Pleas within the State- 
for the term of two years, and shall then be recommended by the bar for admission as 
an attorney of this court, when holden for the county in which the person so rec- 
ommended shall dwell. 

2. Any person not having a liberal education and a regular degree as aforesaid, who 
shall have commenced and pursued the study of the law in the office of some coun- 
sellor as aforesaid for the term of five years, shall be considered as having a qualifica- 
tion for admission equivalent to the having had a liberal education, and a regular de- 
gree as aforesaid. 

3. Any person having a liberal education and a regular degree as aforesaid, who 
shall afterwards have commenced and pursued the study of the law in any other State. 
in the ojnce of an attorney of the highest judicial court of such State for one year at 
the least, and afterwards shall pursue the study of the law in the office of some coun- 
sellor of this court for the term of two years, shall be considered as having a qualifica- 
tion for admission, equivalent to the having commenced and pursued the study of the- 
law for three years in the office and under the instruction of some counsellor of this 
court. 

4. Any person not having had a liberal education and a regular degree as aforesaiil, 
who shall have commenced and pursued the study of the law in any other State, in the 
office of an attorney of the highest judicial court of such State, for the term of two 
years at the least, and shall afterwards have pursued the study of the law with soil 
counsellor of this court for the term of three years, shall be considered as having a qual- 
ification for admission equivalent to the having had a liberal education and a regular- 
degree as aforesaid, and to the having pursued the study of the law for three years im 
the office »f some counsellor of this court. 



108 HISTORY OF THE BENCH AND BAR. 

5. The bar shall not recommend for admission as an attorney any person, either to 
;iny Court of Common Pleas or to this court, unless he be qualified for such admission, 
agreeably to the provisions of these rules. But the bar may recommend for admission 
as an attorney to the Common Pleas any person now duly qualified by the rules here- 
by repealed for examination and admission as an attorney of this court ; and further the 
bar may also recommend to the Court of Common Pleas, for admission as an attorney 
thereof, any person who before the establishment of these rules had commenced, and 
is now pursuing the stud} r of the law with some counsellor of this court, when such 
person would by virtue of the rules hereby repealed, be qualified for examination and 
admission as an attorney of this court. 

6. If the bar of any court shall unreasonably refuse to recommend either to this 
court, or to any Court of Common Pleas, for admission as attorney, any person suit- 
ably qualified for such admission ; or if after the recommendation of the bar, the Com- 
mon Pleas shall unreasonably refuse to admit as an attorney the person so recommend- 
ed, such person submitting to an examination by one of the justices of this court, pro- 
ducing to him sufficient evidence of his good moral character, may be admitted as an 
attorney of this court on the certificate of such justice that he is duly qualified there- 
for, and has pursued the study of the law agreeably to the provisions of the rules. 

7. Any person who shall have been admitted an attorney of the highest judicial 
court of any other State in which he shall dwell, and afterwards shall become an in- 
habitant of this State, may be admitted an attorney or counsellor of this court, subject 
to the discretion of the justice thereof, after due inquiry and information concerning 
his moral character and professional qualification. 

8. Any person who now is, or who shall be, an attorney of this court, having prac- 
ticed law therein with fidelity and ability as an attorney thereof for two years, may 
be admitted a counsellor of this court, when holden for the county in which such at- 
torney shall dwell, on the recommendation of the bar of such county, or without such 
recommendation, if it be unreasonably refused ; unless such person was admitted an 
attorney of this court because he had been unreasonably refused admission as an attor- 
ney of the Court of Common Pleas; in which case he shall not be recommended nor 
admitted as a counsellor of this court until he has practiced law as an attorney thereof 
for the term of four years. 

9. All issues in law and in fact, and all questions of law arising on writs of error, 
certiorari and mandamus, or special verdicts, or motions for new trials and in arrest 
of judgment, shall be argued only by the counsellors of this court. And the counsel- 
lors of this court may also practice as attorneys." 

In 1836 it was provided by law that any citizen of the Common- 
wealth' or any alien who had expressed his .intention pursuant to law 
to become a citizen, of twenty-one years of age, of good moral charac- 
ter might become an attorney after three years study, and on the recom- 
mendation of an attorney be examined for admission. In 1876 it was 
provided that the same person could be admitted only on examination, 



INTRODUCTORY CHAPTER. 109 

and in 1891 a law was passed providing that "any person who has 
been or shall hereafter be removed from practice as an attorney by the 
Supreme Judicial, or Superior Court of the Commonwealth for deceit, 
malpractice, or other gross misdemeanor, and who shall continue to 
practice law or receive any fee for his services as attorney or counsel- 
lor at law rendered after such removal, or who shall hold himself out 
or represent or advertise himself as an attorney or counsellor at law, 
and every person not regularly admitted to practice as an attorney or 
counsellor at law in accordance with chapter 159 of the Public Statutes, 
who shall represent himself to be an attorney or counsellor at law or 
legally qualified to practice in the courts of the Commonwealth by 
means of a sign, business card, letter head or otherwise, shall be pun- 
ished for each offence by a fine not exceeding one hundred dollars or 
by imprisonment not exceeding six months, and upon a second or any 
subsequent conviction by fine not exceeding five hundred dollars or by 
imprisonment not exceeding one year." 

During the existence of the old Bar Association which was formed 
in 1770 the rules of the association regulated admissions to the bar. 
The date of the formation and dissolution of the first Suffolk Bar Asso- 
ciation is unknown. Indeed its existence is only inferred from a 
vote passed at the first meeting of the association above referred to, 
" that the secretary wait on Judge Auchmuty and request of him the 
records of a former society of the bar in the county, and invite him to 
meet with this society in the future if he sees fit." Judge Auchmuty 
was attorney general from 1761 to 1767 and probably the first associa- 
tion was dissolved between these dates, 

The second association was formed on the evening of Wednesday, 
January 3, 1770, at the Bunch of Grapes tavern on the corner of 
State and Kilby streets, kept at that time by Mr. Ingersoll and after- 
wards by John Marston. The gentlemen present were Benjamin Kent, 
James Otis, Samuel Fitch, William Reed, Samuel Swift, Samuel Quincy, 
John Adams, Andrew Casneau, and Daniel Leonard, all of whom were 
barristers, and Francis Dana, Josiah Quincy and Sampson Salter Blow- 
ers, attorneys, and it was voted " that the barristers and attorneys at the 
Superior Court, belonging to this and the neighboring towns will form 
themselves into a society or law club, to meet at Mr. Ingersoll's on the 



no HISTORY OF THE BENCH AND BAR. 

evening of the first Wednesday of every month for the year ensuing." 
Benjamin Kent, as the oldest barrister, presided and John Adams was 
chosen secretary. At the meeting on the first Wednesday in October, 
1770, it was voted that " Francis Dana, Josiah Quincy and Sampson 
Salter Blowers be recommended to the Superior Court to be admitted 
as barristers, they having studied and practiced the usual time." On 
the 21st of November it was voted that Samuel Sewall, who produced 
a certificate from the clerk of the Inferior Court that he was admitted 
as attorney in that court on the first Tuesday in January, 1767, be rec- 
ommended for admission as attorney to the Superior Court. 

At the meeting held on the 26 of January, 1771 , it was voted " that 
whenever the defendant's counsel shall point out to the plaintiff's any 
defect in his writ or declaration, he shall have liberty to amend upon 
payment of six shillings before plea pleaded. But if he will put the de- 
fendant's counsel to plead and the writ or declaration is adjudged in- 
sufficient, he shall then pay eighteen shillings for the amendment in 
case the amendment is allowed him by the court, and the defendant 
shall choose costs instead of an imparlance. This rule to extend only 
to such defect in writs and declarations as shall be owing to mistake or 
inadvertence, or other fault of the counsel who drew the writ, or his 
clerk." 

It was agreed at a meeting held February 6, 1771, among other 
matters, " that we will not take any young gentleman to study with us 
without previously having the consent of the bar of this county ; that 
we will not recommend any persons, to be admitted to the Superior 
Court as attorneys who have not studied with some barrister three 
years at least, nor as attorneys in the Superior Court who have not 
studied as aforesaid and been admitted at the Inferior Court two years 
at least, nor recommend them as barristers till they have been through 
the preceding degrees and been attorneys at the Superior Court two 
years at least, except those gentlemen who are already admitted in this 
county as attorneys at Superior and Inferior Courts, and that they 
must be subject to the rule so far as is yet to come." To this agree- 
ment it was added " that the consent of the bar shall not be taken but 
at a general meeting of the bar for the county, and shall not be given 
to any young gentleman who has not had an education at college, or a 
liberal education equivalent in the judgment of the bar." 



INTRODUCTORY CHAPTER. tii 

At the July meeting, 1772, Benjamin Hichborn, William Tudor, and 
Jonathan Williams Austin were recommended to be sworn as attor- 
neys. One of the rules of the association was that no member should 
receive a student in his office without the consent of the bar. Among 
those entered in various offices according to the records of the associa- 
tion were Thomas Edwards in the office of Josiah Quincy, 1772; Jon- 
athan Williams in the office of John Adams, 1773; Edward Hill in the 
office of Mr. Adams, 1773 ; John Trumbull in the office of Mr. Adams, 
1774; Nathaniel Brattle in the office of Mr. Blowers, 1774; Nathan 
Rice and John Thaxter in the office of Mr. Adams, 1774; Joshua 
Thomas and Jonathan Mason in the office of Josiah Quincy, 1774; 
Henry Goodwin in the office of William Tudor, 1778; Rufus Emory in 
the office of John Lowell, 1778 ; Fisher Ames in the office of William 
Tudor, 1778; George Richards Minot in the office of William Tudor, 
1780; Peter Clarke in the office of Increase Sumner, 1780; William 
Hunter Torrens in the office of John Lowell, 1781 ; Edward Sohier in 
the office of John Lowell, 1781 ; Joseph Hall in the office of Benjamin 
Hichborn, 1781 ; Edward Wendell in the office of John Lowell, 1781 ; 
David Leonard Barnes in the office of James Sullivan, 1782; Edward 
Gray in the office of James Sullivan, 1783 ; John Brown Cotting in the 
office of John Lowell, 1783 ; Samuel Quincy, jr., in the office of Chris- 
topher Gore, 1783 ; Harrison Gray Otis in the office of John Lowell 
1 7%Z\ John Rowe in the office of Mr. Tudor, 1783; Richard Brook 
Roberts in the office of Mr. Hichborn, 1783 ; Samuel Cooper Johon- 
not in the office of Mr. Sullivan, 1784 ; William Hill in the office of Mr. 
Gore; Fortesque Vernon in the office of Mr. Hichborn, 1784; John 
Merrick in the office of Thomas Dawes, 1784; John Lowell, jr., and 
S. Borland in the office of Mr. Lowell, 1786 ; James Sullivan, jr., in the 
office of Mr. Sullivan, 1786 ; Thomas Russell in the office of Mr. Lowell, 
1786; Isaac Parker in the office of Mr. Tudor, 1787 ; William Cranch in 
the office of Thomas Dawes, 1787; Samuel Andrews in the office of Mr. 
Hichborn, 1788; William Lyman in the office of Mr. Sullivan, 1788; 
Nathaniel Higginson in the office of William Wetmore, 1788 ; Phineas 
Bruce in the office of Mr. Hichborn, 1788 ; Bossenger Foster in the of- 
fice of Mr. Parsons, 1788; Edward Clarke in the office of Mr. Lowell, 
1789; John Lathrop in the office of Mr. Lowell, 1789; Robert Paine in 



ii2 HISTORY OF THE BENCH AND BAR. 

in the office of Mr. Paine, 1789; Josiah Quincy in the office of Mr. Tu- 
dor, 1790; Nathaniel Fisher in the office of Mr. Robbins, 1790; Eben- 
ezer Gay in the office of Mr. Gore, 1790; James Prescott, jr., in the of- 
fice of James Sullivan, 1790; Samuel Haven in the office of Mr. Ames, 
1790; William Sullivan in the office of James Sullivan, 1792; John 
Williams in the office of Mr. Otis, 1792 ; John Ward Gurley in the of- 
fice of Mr. Lowell, 1796, provided his literary qualifications are found 
satisfactory on examination by Messrs. Minot, Otis and Quincy, he not 
having received a college education ; Samuel A. Dorr in the office of 
Judge Sullivan, 1797; John Heard and Benjamin Wood in the office of 
John Davis ; Holder Slocum, jr., in the office of George Richards Minot ; 
Nicholas Emery in the office of Samuel Livermore, 1798; Charles 
Pinckney Sumner in the office of Judge Minot, 1798 ; Richard Sullivan 
in the office of William Sullivan, 1798; Humphrey Devereux in the of- 
fice of Mr. Lowell, 1798; Thomas Paine and Thomas O. Selfridge in 
the office of Mr. Paine, 1799 ; Artemas Sawyer in the office of Mr. Gay, 
1799; William Hyslop Sumner in the office of John Davis, 1799; Henry 
Cabot in the office of Mr. Amory, 1800; Nathaniel Sparhawk in the 
office of George Blake ; Charles Lowell in the office of Mr. Lowell, 1800; 
Luther Richardson in the office of Mr. Paine, 1801 ; David I. Greene 
and Mr. Skinner in the office of William Sullivan, 1800; George Sulli- 
van in the office of James Sullivan, 1800 ; Warren Dutton in the office 
of Mr. Lowell, 1800; Alpheus Baker in the office of Mr. Lowell, 1801 ; 
Samuel Mather Crocker in the office of Mr. Gray, 1801 ; Lemuel Shaw 
in the office of Mr. (David) Everett, 1 801 ; John Knapp and Thomas 
Welsh in the office of John Davis, 1801 ; Arthur M. Walter, Benjamin 
Wells and William Smith Shaw in the office of Mr. Otis, 1801 ; John 
Codman and James Elliott in the office of Mr. Lowell, 1802 ; Timothy 
Fuller in the office of Charles Paine, 1802; Timothy Boutelle in the of- 
fice of Mr. Gay, 1802 ; David Bradley in the office of Mr. Heard, 1802 ; 
Aaron Emmes in the office of Mr. Everett, 1802 ; James T. Austin in 
the office of William Sullivan, 1802 ; William Minot in the office of Jo- 
seph Hall, 1803. 

In the case of Holder Slocum, jr., which was referred to Messrs. Ed- 
wards, Davis and Gray, in order that he might be examined as to his 
literary qualifications, he not having received a collegiate education, the 



INTRODUCTORY CHAPTER. 113 

committee reported "that they find Mr. Slocum has so far attended to 
the Latin language that a moderate degree of attention and practice will 
probably enable him to render it sufficiently familiar for the purposes of 
his intended profession. He has paid no attention to the Greek, and 
has not been sufficiently instructed, in the opinion of your committee, in 
logic, metaphysics and mathematics. He has read some approved wri- 
ters in history, and has attended considerably to the French language. 

" It is the opinion of the committee that on his remaining in an office 
three years from the present time, with an attention for part of the time, 
under the direction of his instructors, to history and metaphysics, and oc- 
casionally to the Latin language, it will be proper, at the expiration of 
that period, if he continues the assiduity and attention which he has 
hitherto manifested, to allow of his admission to the bai." 

Others recommended to be sworn as attorneys besides those already 
mentioned were Josiah Quincy, 1772; Nathaniel Coffin, 1773; Increase 
Sumner, Benjamin Hichborn, William Tudor, Jonathan William Austin, 
John Bulkley, Perez Morton, 1774; Christopher Gore, Samuel Dag- 
get, 1778; Jonathan Mason, 1779; Royal Tyler, Thomas Dawes, James 
Hughes, 1780; Benjamin Lincoln, Jonathan Fay, Fisher Ames, Rufus 
Amory, George R. Minot, 1 78 r ; David Leonard Barnes, 1783 ; Thomas 
Edwards, John Thaxter, Joseph Hall, Edward Sohier, Edward Walker, 
1784; Edward Gray, 1785; Samuel Quincy, John Rowe, Harrison 
Gray Otis, 1786; Fortescue Vernon, Thomas Williams, 1787; John 
Merrick, Joseph Bartlett, Thomas Crafts, 1788; John Lowell, jr., Isaac 
Parker, William L\ man, Samuel Andrews, Joseph Blake, 1789; Phineas 
Bruce, William Cranch, 1790; James Prescott, jr., 1 791 ; George Blake, 
Robert Paine, 1792; John Callender, Josiah Quincy, Francis Blake, 
Joseph Rowe, 1793; William Sullivan, John Williams, 1795; Isaac 
Story, 1796; William Thurston, 1797 ; Ezekiel Bacon, Samuel A. Dorr, 
John Heard, Foster Waterman, 1798 ; Charles Davis, Charles Cushing, 
Jotham Bender, John W. Gurley, 1799; Holder Slocum, jr., Richard 
Sullivan, Humphrey Devereux, Nathaniel Sparhawk, Artemas Sawyer, 
Thomas Paine, 1801 ; Arthur M. Walter, 1802 ; Warren Dutton, Aaron 
H. Putnam, Israel Munroe, Benjamin Wells, John Knapp, 1803 ; Thomas 
Welsh, jr., George Sullivan, 1804. 
15 



ii 4 HISTORY OF THE BENCH AND BAR. 

Among the votes passed by the association were the following : 

" That in all cases when a gentleman shall be proposed as a student, 
who has not had a college education, he shall always undergo an ex- 
amination by a committee appointed by the bar previous to his admis- 
sion as a student." 

"That all students of colleges out of the State be not admissible to 
the bar, until they shall have studied one year longer than those edu- 
cated at Harvard University." 

" That no student be recommended to the Court of Common Pleas 
for admission without having studied within the county one year at least 
of his time." 

" That the sum to be paid by a student at law to his instructors shall 
be one hundred pounds lawful money at least." 

The above matter relating to the old Bar Association is taken from 
the "Record Book" of the association in the possession of the Massa- 
chusetts Historical Society, which readers may find more fully described 
in the nineteenth volume of the proceedings of the society. The entries 
close with 1805, but the writer has reason to believe that the associa- 
tion continued until 1836, when the enactments in the revised statutes 
seemed to render its existence no longer necessary. 

After the dissolution of the old association, no other was formed in 
Suffolk county until 1875. O n the 20th of October in that year, Joseph 
A. Willard, clerk of the Superior Court, was requested by Sidney Bart- 
lett, William Gaston, Henry W. Paine, Ebenezer Rockwood Hoar, Jo- 
siah G. Abbott, Edward D. Sohier, and thirty-one others, to call a 
meeting of the signers to consider the formation of a bar association. 
A meeting was held in the first session Superior Court- room on the 
20th of February, 1 876, at which Sidney Bartlett presided, and Albert 
E. Pillsbury acted as secretary. A committee consisting of the pres- 
ident and secretary, together with Charles Theodore Russell, Walbridge 
A. Field, Seth J. Thomas, and John D. Long, was chosen to report a 
plan of organization. On the 27th of May a constitution was adopted, 
and on the 10th of June the following officers were chosen: President, 
Sidney Bartlett; vice-presidents, Henry W. Paine, William Gaston, 
William G. Russell; treasurer, Richard Olney ; secretary, Albert E. 
Pillsbury; executive committee, Ebenezer Rockwood Hoar, Horace 





] Z^Cn^oliZ€ 



INTRODUCTORY CHAPTER. i. 5 

C. Hutchins, Gustavus A. Somerby, Robert M. Morse, jr , Henry M. 
Rogers; judicial committee, Richard H. Dana, jr., Charles R. Train, 
Seth J. Thomas, George O. Shattuck, Walbridge A. Field, Robert D. 
Smith, Thomas L. Livermore, J. Lewis Stackpole, Samuel A. R. Ab- 
bott, Moses Williams, jr. 

The constitution provided for a council, consisting of the president, 
vice- president, treasurer, and secretary, ex- officio, and twenty- one others, 
divided into classes of seven each, one of which was to be chosen an- 
nually for a term of three years, who were to have the sole and entire 
management of the association and of its income and property, and in 
1885 the number of vice-presidents was reduced to one, and the execu- 
tive committee and judicial committee were abolished. The present of- 
ficers are: President, John Lowell; vice-president, Richard Olney ; 
treasurer, C. P. Greenough ; secretary, Robert Grant; council, William 
G. Russell, George O. Shattuck, Augustus Russ, Solomon Lincoln, 
Causten Browne, Moses Williams, chosen in 1 891 ; Henry W. Putnam, 
Henry M. Rogers, A. Lawrence Lowell, Joseph B. Warner, Charles T. 
Gallagher, Frederick Dodge, chosen in 1890; Lewis S. Dabney, Albert 
E. Pillsbury, John C. Ropes, Moorfield Storey, Samuel Hoar, Clement 
K. Fay, Edward W. Hutchins, chosen in 1889. 

With this slight reference to the present Bar Association, this intro- 
ductory chapter must close. The writer is aware of the inadequacy of 
his treatment of the subject to which it relates, but he trusts that the 
limited space at his command will be considered at least a partial ex- 
cuse. 



Biographical Register 



OF THE 



BENCH AND BAR. 



CHARLES L. ABBOTT, son of Levi and Harriet E. Abbott, was bom in Boston, 
October 6, 1856, and educated at its public schools. He prosecuted his law stud- 
ies with Josiah W. Hubbard, a member of the Suffolk Bar, and was admitted to the bar 
in Boston in 1SS0. He married, January 15, 1891, Anna E. Pierce, and lives in Ar- 
lington. 

Thomas Coffin Amory was the son of Jonathan and Mehitable (Sullivan) Amory, of 
Boston, and was born in that city October 16, 1812. His mother was a daughter of 
Governor James Sullivan. He attended the Round Hill School at Northampton, and 
was fitted for college in Boston by Charles Chauncey Emerson and Louis Stackpole. 
He graduated at Harvard in 1830 and after studying law with his uncle, William Sul- 
ivan, was admitted to the bar in Boston in January, 1834. He was a member of the 
Boston Common Council from 1836 to 1841, an alderman at various times, and a rep- 
resentative in 1859. He published a memoir of James Sullivan in 1858, " The Military 
Services and-Public Life of General John Sullivan" in 1868, and at various times " The 
Transfer of Erin, or the Acquisition of Ireland by England," the " Life of Admiral 
Coffin," the '' Siege of Newport," and numerous pamphlets and poems. He died in 
Boston August 20, 1889. 

Thomas Johnston Homer was born in Roxbury before it was annexed to Boston, 
and is the son of Thomas Johnston and Mary Elizabeth (Fisher) Homer. He was fitted 
for college at the Roxbury Latin School and graduated at Harvard in 1879. He 
studied law at the Dane Law School in Cambridge, and in the office of Arthur Lincoln 
and William S. Hall, in Boston, and was admitted to the bar of Suffolk county in Jan- 
uary, 1883. He lives unmarried in Roxbury, and is one of the examining counsel of 
the Conveyancer's Title Insurance Company. 

Adin Ballou Underwood was born in Milford, Mass., May 19, 1828. His ancestors 
came to this country before 1637 and lived in Hingham, from whence subsequently 
they removed to Watertown. His father was Orison Underwood, who was brigadier- 
general of the militia, and his mother was Miss Hannah Bond Cheney. He attended 
the University Grammar School, Providence, R. I., and graduated from Brown Univer- 
sity in 1849, standing with James B. Angel, now president of Ann Arbor University, 



n8 HISTORY OF THE BENCH AND BAR. 

at the head of his class. He studied law with Hon. Charles R. Train at Framingham, 
and afterwards with Hon. Benjamin F. Thomas of Worcester, and subsequently at the 
Law School of Harvard University, which he left to go abroad and study in the uni- 
versities of Berlin and Heidelberg. He was admitted to the bar October 10. 1853, in 
the Supreme Judicial Court at Worcester, Mass., and began the practice of law :n his 
native town of Milford. Soon after this he took as his partner, H. B. Staples, after- 
wards judge on the Superior Bench. In 1856 he left Milford and formed a partnership 
at Boston with Charles R. Train with whom he practiced law until the breaking out of 
the war. He was married June 5, 1856, at Newton, to Miss Jane L., daughter of 
Joseph and Hannah T. Walker. On April 29, 1861, he aided in the enlistment of a 
regiment of Massachusetts Volunteers and in the following month received a commis- 
sion as captain in the Second Regiment then being raised by George H. Gordon at 
Brook Farm. In July, 1862, he became major in the 33d Massachusetts Regiment and 
in July of the same j^ear was commissioned lieutenant-colonel. After the resignation 
of Colonel Maggi, in April, 1863, he was commissioned as colonel of this regiment and 
was in command at the battle of Gettysburg. Joining the army of the Cumberland 
with his regiment, he took part in the battle of Lookout Mountain, Missionary Ridge, 
October 28, 1863, and in a desperate charge up the mountain was badly wounded in 
his right thigh. General Hooker, in his official report of this battle, says: "Colonel 
Underwood was desperately wounded. If only in recognition of his meritorious serv- 
ices, his many martial virtues and great personal worth, it would be a great satisfaction 
to me to have this officer advanced to the grade of brigadier-general. " The recommend- 
ation of General Hooker was immediately complied with and he was commissioned 
as brigadier-general of volunteers, November 6, 1863. His wounds, which made him 
a cripple for life, were slow in healing, but upon his recovery he again went into active 
service and was present at the grand review in Washington when the army was dis- 
banded. Upon his resignation from the army in 1865, he was breveted major-general 
" for meritorious service during the war," and on his return to Boston, in 1866, was 
appointed surveyor of that port, which position he held continuously until August, 
1886. From 1856, when he began the practice of law in Boston, unt'l 1886, he was a 
resident of Newton, but upon leaving the custom house, he removed his residence to 
Boston and resumed the practice of law, associating with him his son, William Orison 
Underwood. About a year and a half after this, upon January 14, 1888, he died at his 
home in Boston, at the age of fifty-nine years and seven months, leaving a widow, 
one son and two daughters. General Underwood spent a large part of his time in 
literary pursuits, gave occasional addresses upon the war and was the author of the his- 
tory of the 33d Massachusetts Regiment. He was a prominent Freemason, was de- 
partment commander of the Grand Army of the State of Massachusetts in 1873. 
During Governor William Claflin's term of office he was chief of staff. While a resi- 
dent of Newton he served in the town government as chairman of the School Com- 
mittee, was a warden of Grace Church and was one of the original trustees of the 
Public Library. 

John Lewis Ratks, the son of Lewis B. and Louisa D. Bates, was born in North 
Easton, Mass., September 18, 1859. He was educated at the Boston Latin School, 



BIOGRAPHICAL REGISTER. ng 






Boston Go l l o g e, and the Boston University Law School. He graduated from the last 
in 1885 and in September of that year was admitted to the bar in Boston. He has been 
in 1891 and 1892 a member of the Boston Common Council and makes East Boston his 
place of residence. He married at Jamestown, N. Y., July 12, 1887, Clara Elizabeth 
Smith. 

Charles Clarence Barton, son of Pliny L. and Mary A. Barton, was born in Salis- 
bury, Conn., September 14, 1844. He was educated at the Amenia University, 
Amenia, N. Y., Trinity College, and the Boston University Law School. He was 
admitted to the bar in Middlesex county in April, 1873, and lives in Newton, in which 
place he has been president of the Common Council and School Board. He married 
Emma C. Drew in Boston, August 24, 1870. 

Francis Bassett, son of William and Betsey (Howes) Bassett, was born in that part 
of Yarmouth, Mass., which is now Dennis, September 9, 1786. He was fitted for col- 
lege at the Sandwich Academy and graduated at Harvard in 1810. He studied law 
with Luther Lawrence and Timothy Bigelow and was admitted to the Common Pleas bar 
September 28, 1813, and the Supreme Court bar March 6, 1816. He was a representative 
from Boston in 1818, '19, '20, '24, '28, '29 and an overseer of Harvard College from 1853 
to 1863. He was appointed in 1830 clerk of the United States Circuit Court for the 
second circuit and of the United States District Court. In 1845 he resigned and trav- 
eled in Europe. He married, December 8, 1858, Francis (Cutter) Langdon, widow of 
Woodbury Langdon, of Portsmouth, N. H., and daughter of Jacob and Miriam (Cross) 
Cutter, of that city. He died in Boston, May 25, 1875. 

William Brigham, son of Charles and Susanna (Baylis) Brigham, was born in Graf- 
ton, Mass., September 26, 1806. He was fitted for college at Leicester Academy in a 
single year, and graduated at Harvard in 1829. After graduation he read law in 
Boston with George Morey, and was admitted to the Suffolk bar in October, 1832, and 
soon had a sufficient amount of professional employment. He was a representative 
from Boston in 1834, 1835, 1836, 1841, 1849, and 1866. In 1856 he was a member of 
the Republican Convention at Philadelphia, and on the 29th of April, 1835, he delivered 
the centennial address at Grafton, which was published. In 1836 he was selected by 
Governor Everett to compile and edit the laws of Plymouth Colony, published in the 
same year. For many years before his death he lived in the summer season in the old 
homestead at Grafton, and devoted himself with much zeal to agricultural pursuits. 
Several of his addresses before agricultural societies have been published. He married, 
June 11, 1840, Margaret Austin Brooks, daughter of Isaac and Mercy (Tufts) Brooks, 
of Charlestown. His children are William Tufts, born May 24, 1841 (H. C. 1862) ; 
Charles Brooks, born January 17, 1845 (H. C. 1866); Edward Austin, born February 
23, 1846; Mary Brooks, born December 26, 1851; Arthur Austin, born June 8, 1857. 
He died in Boston, July 9, 1869. In 1853 he was chosen a member of the Massa- 
chusetts Historical Society, and was one of the most useful and valuable members of 
that body. His knowledge of the early history of Massachusetts was accurate and 
extensive. A lecture by him, delivered January 19, 1869, on the colony of New Ply- 



i2o HISTORY OF THE BENCH AND BAR. 

mouth and its relations to Massachusetts, — one of a course before the Lowell Institute, 
bv members of the Historical Society, and published in a volume called " Massachusetts 
ami its Early History," — is highly creditable both to his research and insight. Mr. 
Bi igham had a huge practice, was a sound lawyer, a safe adviser, and enjoyed in a high 
decree the confidence and attachment of his clients. 

George Minot, son of Stephen and Rebecca (Trask) Minot, was born in Haverhill, 
January 5, 1817. His father was judge of the Circuit Court of Common Pleas, county 
attorney of Essex, and died in 1861. He fitted for college at the Haverhill Academy 
and the Phillips Academy, and graduated at Harvard in 183G. He studied law at the 
Harvard Law School and in the office of Rufus Choate and was admitted to the bar in 
Boston, April 15, 1839. He was solicitor of the Roston and Maine Railroad Company, 
the editor of a "Digest of the Decisions of the Supreme Judicial Court of Massachu- 
setts," associate editor and editor of the United States Statutes at. large, associate re- 
porter of the decisions of Levi Woodbury in the first circuit of the United States Court, 
and editor of nine volumes of English Admiralty Reports. He married first in 1844, 
Emily P., widow of Dr. Richard Ogle, of Demerara, and daughter of Dr Gallup, formerly 
of Woodstock, Conn.; and second, November 21, 1853, Elizabeth, daughter of Judge 
Thomas Dawes. He died in Reading, Mass., April 16, 1858. 

William Henry Miller, son of William and Annie Miller, was born in York county, 
Me., January 20, 1834. He was educated at Limerick Academy, in Maine, and 
studied law with I. S. Kimball, at Sanford, Me. He was admitted to the bar of York 
county about 1866, and in Middlesex county, Mass., about 1868. Pie married at San- 
ford in 1868, Emily M. Kimball, and resides in Melrose. 

John W. McKim was born in Roston, November 25, 1S22. He graduated at Union 
College, and after studying law in the office of Dent & Grammer in Washington, began 
practice in that city. He was a member of the Washington City Council in 1850. He 
afterwards moved to Ohio and was at one time district attorney of Defiance county in 
that State. In the war he was captain and brevet-major, and for a time stationed in 
Roston in the quartermaster's department. He was admitted to the bar in Roston, 
April 8, 1807, and in 1870 and 1871 was a representative. In 1874 he was appointed 
by Governor Talbot judge of the Municipal Court in the West Roxbury district, and in 
March, 1877, was appointed judge of Probate and Insolvency for Suffolk county, which 
office he now holds. 

Horace Mann was born in Franklin, Mass., May 4, 1796, and died in Yellow Springs, 
0., August 2, 1859. He graduated at Brown University in 1819, and after studying 
law at the law school in Litchfield, Conn., was admitted to the bar in 1823, and in the 
Suffolk county Supreme Judicial Court January 13, 1826. He began practice in Dedham, 
and was a representative from that town from 1828 to 1833. In the latter year he 
moved to Boston, and represented Suffolk county in the Senate from 1834 to 1837, the 
last two years officiating as its president. From 1837 to 1848 he was secretary of the 
Massachusetts Board of Education. In 1848 he was chosen representative to Congress 



■ AR. 



■ 

in 



- 
- 



BIOGRAPHICAL REGISTER. \ix 

as the successor of John Quincy Adams, and served until 1S52, when he was chosen 
president of Antioch College, which office he filled until his death. 

Charles Russell Lowell, born October 30, 1807, was the eldest son of Rev. Dr. 
Charles Lowell (H. C. 1800). His mother was Harriet Brackett Spence, daughter of 
Keith Spence and Mary Wail], of Portsmouth, N. H. After graduating at Harvard in 
1826, he studied law at the law school in Northampton, and in the office of Mr. Charles 
Or. Loring in Boston. He was admitted to the Suffolk bar at the October term of 1829. 
In about four years he abandoned the legal profession, and went into business. Prov- 
ing unsuccessful in this, he found employment in the Boston Athenreum, where he 
passed the last eighteen years of his life, and where his services were greatly prized. 
He died of apoplexy, while on a visit to Washington, D. O, June 23, 1870. He 
married, April 18, 1832, Anna Cabot, daughter of the late Patrick T. Jackson, of 
Boston. They had four children, viz., Charles Russell Lowell, jr. (H. C. 1854), dis- 
tinguished as a scholar in college, and afterwards the renowned cavalry officer in the 
war of the Rebellion ; James Jackson Lowell (H. C. 1858), and the first scholar in his 
class, and an officer who died nobly in the service of his country; and two daughters. 

Thornton Kirkland Lothrop, a descendant from Rev. John Lothrop, who came from 
England in 163-1, and settled first in Sc'tuate, and afterwards in Barnstable, is the 
son of Samuel Kirkland Lothrop, LL.D., of Boston, and Mary Lyman (Buckminster) 
Lothrop, was born in Dover, N. H., June 3. 1830. He was fitted for college at the 
Boston Latin School and graduated at Harvard in 1849. He studied law at the Har- 
vard Law School and was admitted to the bar in Boston, June 20, 1853. He was a 
representative in 1859, and assistant United States district attorney from April, 1861, 
to July, 1865, and was a member of the State Board of Health in 1886 and 1887. He 
married, April 30, 1866, Anna M., daughter of Samuel and Ann (Sturgis) Hooper, and 
resides in Boston. 

• Edward P. Loring, son of Ira and Betsey Loring, was born in Norridgewock, 
Mass., March 2, 1837. After graduating at Bowdoin College, he studied law m the 
office of Stephen D. Lindsey of Norridgewock and at the Albany Law School, and was 
admitted to the bar in Somerset county, Me., in April, 1861, and in Suffolk county, 
Mass., April 14, 1868. In Fitchburg, where he has his residence, he has been clerk and 
special justice of the Police Court and was a representative from 1872 to 1874. He 
was a member of the Senate in 1883 and 1884, and is now with an office in Boston 
acting as controller of county accounts by appointment of the governor. He married 
in Waterville, Me., July 15, 1868, Hannah M. Stark 

Isaac Newton Lewis, son of William and Judith M. (Whittemore) Lewis, was born 
in Walpole, Mass., December 25, 1848. There were then no free high schools, and in 
his town no opportunities to obtain any thing beyond a common school education. 
After teaching a year in a private high and classical school, he entered the Eliot High 
School, in Boston, assisting the head master in the preparation of young men for col- 
lege, and entered Harvard College in the class of 1873, and graduated with the degree 
of A. B. On graduation he went abroad for further study and recreation, visiting 
1G 



122 



HISTORY OF THE BENCH AND BAR. 



Great Britain, France and Germany, and returning taught in high school and academy, 
till entering the Boston University Law School, he was graduated with an LL. B. in 
1876. He had, on examination, been admitted to the Suffolk bar at Boston on January 
31, preceding. A-gain he went abroad, and on his return, on examination, received 
the deo-ree of A.M. from the Boston University, the first person on whom this degree 
was ever conferred by that institution. In 1876 he opened an office in Boston, and 
has continued it to the present time. He was one of the original members of the Nor- 
folk Bar Association, and besides contributing to magazines and the press, is the author 
of several books from ."In Memonam," while in Harvard, to "Pleasant Hours in Sun- 
ny Lands,' - written after his return from a tour around the world in 1888. 

John Lathrop, son of John P. and Maria M. Lathrop, was bom in Boston, February 
8, 1835. He graduated at Burlington College, New Jersey, in 1853, and at the Har- 
vard Law School in 1855. After further pursuing his studies in the office of Charles G., 
Francis C, and Caleb William Loring in Boston, he was admitted to the bar of Suf- 
folk in 1856, and to the bar of the U. S. Supreme Court in 1872. In the war of 1861 
he was captain in the Thirty-fifth Massachusetts regiment in 1862 and 1863, was reporter 
of the decisions of the Supreme Judicial Court from 1874 to 188S, associate justice of 
Superior Court from 1888 to 1891, and was appointed associate justice of the Supreme 
Judicial Court, January 28, 1891. which position he now holds. Besides his general 
practice, he has been a lecturer at the Harvard and Boston Law Schools, and the ed- 
itor of several law books, and a contributor to various legal periodicals. He married 
in Boston, June 24, 1875, Eliza D., daughter of Richard G. Parker, and resides in 
Boston. 

William Bradbury Kingsbury, son of Aaron Kingsbury, was born in Roxbury, 
December 14, 1806. He fitted for college at Mr. Greene's school, Jamaica Plain, 
and graduated at Harvard in 1827. After a short time spent in reading law, he en- 
tered into commercial life in Boston, in the firm of Kendall & Kingsbury, on Liver- 
pool Wharf, and is thought by the editor to have never been admitted to the bar. In 
1831 he married his cousin, Frances F. Fenner, of Providence, R.I. The firm of Ken- 
dall & Kingsbury was unfortunate in business, and was dissolved in 1836. He was 
afterwards employed in managing trusts, and became treasurer of the Roxbury Gas 
Company, which office he retained till his death. He was also alderman of Roxbury 
in 1846. He died at Roxbury, April 6, 1872. 

1'kkscott Keyes, son of John S. and Martha L. (Prescott) Keyes, was born in Con- 
cord, Mass., March 26, 1858. He fitted for college at the Concord High School and 
with a private tutor, and graduated at Harvard in 1879. He studied law in the Har- 
vard Law School and in the office of Charles R. Train, and was admitted to the Suffolk 
bar in June, 1882. He has held the office of chairman of the Selectmen, and other 
offices in Concord, where he lives, and was married July 6, 1881, to Alice Reynolds, of 
Concord. 

Albert II. Hopkins, son of Henry S. and Phoebe E. Hopkins, was born in Foster, 
R. I., November 10, 1845, and educated at public and private schools. He was ad- 



BIOGRAPHICAL REGISTER. 123 

mitted to the bar in Suffolk, January 30, 1875, and the Minnesota District Court, March 
26, 1880, He was for a number of years a member of the Massachusetts Republican 
State Committee and two years chairman of the Committee of Ward Fifteen, in Boston. 
He married, August 8, 1879, Emily L. Randolph, of Providence, R. I., and resides in 
the Allston district of Boston. 

George M. Hobbs, son of William and Maria (Miller) Hobbs, was born in Waltham, 
April 11, ls-jy, and after attending the public schools entered Harvard and graduated 
in 1850. After leaving college he was a private tutor in Upper Marlborough, Md., 
and taught school in Alexandria, Va. After a short period in the Harvard Law 
School he was admitted to the bar in Suffolk, March 6, 1857, and became an associate 
with Edward Avery, of Boston, in business. He was a representative in 1868, has 
been a member of the School Boards of Roxbury and Boston twenty-three years, two 
years the president of the Boston board and two years a member of the Board of Water 
Commissioners. In connection with Mr. Avery, his partner, he has published a work- 
on " Bankruptcy." He married, October 26, 1859, Annie M. Morrill. 

David Blakely Hoar, son of John Emory and Ann Borodale (Blakely) Hoar, was 
born in Pawlet, Vt., August 19, 1855, and graduated at Harvard in 1876. He studied 
law with Alfred Hemenway and James P. Farley and at the Harvard Law School, and 
was admitted to the bar in Suffolk in May, 1879. His place of residence is Brookline. 

Ebenezer Rockwood Hoar, son of Samuel and Sarah (Sherman) Hoar, was born in 
Concord, Mass., February 21, 1816. He received his early education at the Concord 
Academy and graduated at Harvard in 1835. He studied law with his father, with 
Emory Washburn, of Worcester, and at the Harvard Law School, and was admitted to 
the bar in Worcester, September 3, 1839. He was a justice of the Court of Common 
Pleas from 18-19 to 1853, a justice of the Supreme Judicial Court from 1859 to 1869, 
attorney-general of the United States under President Grant, a member of the joint 
high commission which made the treaty of Washington with Great Britain, and has 
been State senator, representative in Congress, regent of the Smithsonian Institution, 
fellow of Harvard College and member and president of the Board of Overseers. 
Among the important cases in which he has been counsel has been the " Andover 
case," in which he was of counsel for the " Visitors." He married at Concord, Novem- 
ber 26, 1840, Caroline Downes Brooks, of that town, and he has always made Concord 
his place of residence. 

Calvin P. Hinds was born in Barre, September 1, 1817, and died in Boston, April 
18, 1892. He studied law in the office of Fisher A. Kingsbury, of Weymouth, and was 
admitted to the bar at Dedham in 1844. He was a member of the Boston Common 
Council in 1853 and 1854, and a representative in 1856. 

William Allen Hayes, son of John Lord and Caroline Sarah (Ladd) Hayes, was 
born in Portsmouth, N. H., and graduated at Harvard in 1866. He studied law with 
George Partridge Sanger, at the Harvard Law School, from which he received the de- 
gree of LL.B., and in the offices of Abbott & Jones and others, and was admitted 



i2 4 HISTORY OF THE BENCH AND BAR. 

to the bar in Boston, August 16, 1868. He was assistant United States district at- 
torney under George P. Sanger. His residence is in Cambridge. 

Charles Pelham Greenougii, son of William Whitwell and Catherine Scollay (Cur- 
tis) Greenough, was born in Cambridge, Mass., July 29, 1844. He was fitted for col- 
lege at the Boston Latin School and graduated at Harvard in 1864. He attended the 
Harvard Law School and pursued his law studies further in the office of Ropes & Gray, 
in Boston. He was admitted to the bar in Boston in December, 1869, and has been 
secretary, treasurer and member of the council of the Suffolk Bar Association. He has 
been counsel for the Boston Gas Light Company and other large corporations. He has 
published an edition of "Story on Agency " and a '' Digest of Gas Cases." He married 
in Boston, June 11, 1874, Mary, daughter of Judge Henry Vose and resides in Brook- 
line. 

Ebenezer Gay, son of Ebenezer and Mary Allyne (Otis) Gay, of Hingham, was bom 
in that town March 27, 1818. He received his education at the Derby Academy and 
Willard School in Hingham, and studied law with his father, in the Harvard Law 
School and in the office of William Brigham in Boston. He was admitted to the bar 
in Boston, April 14, 1840, and was in the State Senate in 1862. He married in Worces- 
ter, in 1852, Ellen Blake Blood, and lives in Boston. 

Thomas Flatley was born in Ireland and died in Boston February 25, 1892, at the 
age of forty-one years. He was educated at a private classical school and the Queen's 
University, and came to America a young man to engage in mercantile pursuits. He 
entered, however, the university at Georgetown, D. C, from which he graduated, and 
then taught for a time at Worcester College. After a visit to Europe he studied law in 
Washington and served as private tutor in the families of General Erving, General 
Vincent, and Senator Carpenter. He then came to Boston and entered the practice of 
law, making Maiden his residence. He was appointed deputy collector under Mr. 
Saltonstall, the collector of Boston. 

John Minot Fiske, son of John Minot and Eliza Maria (Winn) Fiske, was burn in 
Boston, August 17, 1834. He fitted for college at Phillips Andover Academy and grad- 
uated at Yale in 1856. He studied law at the Harvard Law School and in the office of 
Seth J. Thomas, and was admitted to the bar in Boston, June 23, 1858. He was a mem- 
ber of the Boston Common Council in 1862-3. He was appointed deputy naval officer 
under Amos Tuck in the Boston custom house. In November, 1863, he was appointed 
deputy collector by John Z. Goodrich, collector, and on the 1st of June, 1864, married 
at Stockbridge, Isabella Landon, a daughter of Mr. Goodrich. He is still deputy col- 
lector and resides at Cambridge. 

Joseph James Feelv, son of James and Catherine Feely, was born in Boston, May 7, 
1862, and educated at the public schools of Walpole, Mass., and at the Boston Latin 
School. He took a three years' course in the Boston University Law School and was 
admitted to the bar in Boston in 1884. Living in Norwood, he is also a member of 
the Norfolk Bar Association. He has been a member of the School Board of Norwood 



BIOGRAPHICAL REGISTER. 125 

and is now assistant district attorney for the southeastern district of Massachusetts, 
including Norfolk and Plymouth counties. 

Richard Sullivan Fay, son of Samuel Phillips Prescott and Harriet (Howard) 
Fay, was born in Cambridge June 16, 1806. He was fitted for college by Rev. Mr. Put- 
nam, of Andover, and graduated at Harvard in 1822. He studied law with his father and 
at the law school at Northampton, and after his admission to the bar was associated 
in practice at different times with Jonathan Chapman and Franklin Dexter. ' After a 
visit to Europe in 1835, he abandoned law and devoted himself to the management 
and care of manufacturing corporations, indulging himself in the recreation of agri- 
culture. He married, May 30, 1832, Catherine, daughter of Dudley L. Pickman, of 
Salem, and died in Liverpool, England, July 6, 1865. 

Alexander Hill Everett, son of Rev. Oliver Everett, was born in Boston, March 
19, 1790, and died in Canton, China, June 29, 1847. He was fitted for college at 
Phillips Exeter Academy and graduated at Harvard in 1806. He studied law with 
John Quincy Adams and was admitted to the bar in Boston in March, 1815. While 
a law student he went in 1809 to St. Petersburg as attache under John Quincy Adams, 
minister to Russia, and resided there three years. In 1811 he went to England, and in 

1812 returned home. At the close of the war after his admission to the bar he spent a 
year at the Netherlands as secretary of legation under William Eustis, of Massa- 
chusetts, the American minister. He succeeded Mr. Eustis in 1818 with the rank of 
charge d'affaires and remained at the Netherlands until 1824. In 1825 he was ap- 
pointed minister to Spain and was accompanied by Washington Irving as his attache. 
Returning from Spain in 1829 he was for a time proprietor and editor of the North 
American Review, ar»d from 1830 to 1835 was a member of the lower branch of the 
Legislature. In 1840 he was sent on a confidential mission to Cuba, and in 1845 United 
States commissioner to China, holding office until his death. Mr. Everett's literary 
career was too prolific to trace. Besides contributing largely to magazines and peri- 
odicals he published in 1821 " Europe, etc." ; in 1822 " New Ideas on Population, etc." ; 
in 1827 " America, etc." ; in 1845 a volume of essays, and in the same year a volume of 
poems and memories of Joseph Warren and Patrick Henry as contributions to Sparks's 
American Biography. 

George B. English, son of Thomas and Penelope (Bethune) English, was born in 
Cambridge, March 7, 1787, and died in Washington, September 20, 1828. He graduated 
at Harvard in 1807 and was admitted to the bar in Boston in May, 1811. He aban- 
doned practice and devoted himself for a time to the study of theology, publishing in 

1813 "The grounds of Christianity examined " and a response to his critics entitled 
' ; Five Smooth Stones out of the Brook." He was afterwards a newspaper editor, 
lieutenant of marines in the United States service and an officer of artillery under 
Ismail Pacha in Egypt. In 1827 he returned to Washington and remained there until 
his death. 

John Harvard Ellis, son of George E. and Elizabeth Bruce (Eager) Ellis, was born 
in Charlestown, January 9, 1841, and graduated at Harvard in 1862. He studied law 



i26 HISTORY OF THE BENCH AND BAR. 

at the Harvard Law School and in <the office of Francis E. Parker, of Boston, and was 
admitted to the bar in Boston, October 4, 1865. He contributed to the "Law Maga- 
zine" articles on Lord Brougham and James Otis and others, and in 1867 edited a vol- 
ume entitled "The Avorks of Anne Bradstreet in Prose and Verse," with notes and an 
able introduction. He married, March 25, 1869, Grace Atkinson, daughter of James L. 
Little, of Boston, and died May 3, 1870. 

Frederick D. Ely. son of Nathan and Amelia Maria (Partridge) Ely, was born in 
Wrentham, Mass., September 24, 1838. He was fitted for college at Day's Academy in 
Wrentham and graduated at Brown University in 1859. He studied law in the office of 
Waldo Colburn, at Dedham, and was admitted to the bar in Dedham in October, 1862. 
He has held the offices of grand marshal and deputy grand master of the Grand Lodge of 
Masons in Massachusetts, trustee of the Dedham Institution for Savings, director in the 
Dedham Mutual Fire Insurance Company, warden of St. Paul's Episcopal Church in 
Dedham, and chairmanship of the Dedham School Committee. He was in the Massa- 
chusetts House of Representatives in 1873, in the Senate in 1878-79, and a member 
of the Forty- ninth Congress. He was appointed associate justice of the "Municipal 
Court of the City of Boston," October 10, 1888, and is now on the bench. He married 
first in Boston, December 6, 1866, Eliza, daughter of Seth and Harriet E. (Rice) Whit- 
tin, and second at Dedham, August 10, 1S85, Anna, daughter of Lyman and Olive 
Emerson. His residence is in Dedham. 

Charles Ronello Elder, son of Charles L. and Roxanna Elder, was born in Sabatus, 
Me.. October 21, 1850, and was educated in the public schools and at the Hebron Acad- 
emy. He studied law with Alvah Black, in Paris, Me., and at the Boston University 
Law School, from which he graduated in 1876. He was admitted to the bar in Paris 
in 1875, and in Boston in June, 1876. He married first, June 15, 1881, at Bellows 
Falls, Vt.. Mary Gertrude Flint, and second at New Bedford, February 28, 1888, Marie 
T. Wood. His residence is in Maiden. 

Thomas Stetson Harlow, son of Bradford and Nancy (Stetson) Harlow, was born in 
Castine, Me., November 15, 1812, and after the usual course of study at the public schools 
and academy, graduated at Bowdoin College in 1836. He studied law in the office of 
Kent & Cutting, of Bangor, and afterwards in Louisville, Ky., where he was admitted 
to the bar in 1839. In 1842 he was admitted to the bar in Middlesex county and since 
that time he has practiced in both Middlesex and Suffolk counties. He was associated 
with John A. Bolles in the defence of James Hawkins indicted for murder, in which the 
court reversed the ruling in the famous Peter York case. In the Peter York case the 
court decided, Justice Wilde dissenting, that the homicide being proved, and nothing 
further shown, the presumption of law is that it is malicious and an act of murder. 
The burden of proof is on the accused to show excuse or extenuation. (See 9th of Met- 
calf, page 93.) In the Hawkins case the court held that the murder charged must be 
proved and that the burden is on the Commonwealth to prove the whole case. At the 
time of this decision York was in prison under sentence of death and in consequence 
of it his punishment was commuted by the governor to imprisonment for life. (See 





(t£«- /AvQ^U£Z 6&Ls&L 



BIOGRAPHICAL REGISTER. 127 

3d of Gray, page 464.) Mr. Harlow has been police justice in Paducah, Ky., special 
justice of the first eastern Middlesex District Court, and ten years a member of the 
School Committee of Medford. He married Lucy J. Hall, November 7, 1843, and 
resides in Medford. 

Nathan Hale, son of Nathan and Sarah Preston (Everett) Hale, was born in Boston, 
November 18, 1818, and died in Boston, January 9, 1871. He was fitted for college at 
the Boston Latin School and the English High School, and graduated at Harvard in 
1838. After leaving college he was occupied for a time as assistant topographical en- 
gineer on the State map of Massachusetts. He studied law at the Harvard Law School 
and in the office of Charles Pelham Curtis, and was admitted to the bar in Boston, 
July 14, 1841. For many years he was associated with his father, Nathan Hale, in 
editing the Boston Daily Advertiser, and in 1868 was appointed profe.-sor in Union 
College, Schenectady, which position he held until the appointment of Dr. Alden as 
president. At his death he left nearly ready for the press a "General Survey of the 
History and Progress of English Literature from the Earliest Days." 

George Francis Cheever, son of James W. and Lydia (Dean) Cheever, was born 
in Salem, Mass., November 30. 1819, and fitted for college at the Salem Latin School. 
He graduated at Harvard in 1836, and after a study of law in the Harvard Law School 
was admitted to the bar in Salem, and also in Boston, September 2, 1843. With poor 
health he moved to Natchez, and after a visit to the Azores, began practice in Salem. 
He died in Pepperell, Mass., April 5, 1871. 

Seth Edward Sprague, son of Peleg and Sarah (Deming) Sprague, was born in 
Hallowell, Me., April 12, 1821, and died in Boston June 26, 1869. He was educated 
partly at Hallowell and partly at the school of Stephen Minot Weld, at Jamaica Plain, 
near Boston. He graduated at Harvard in 1841, and at the Harvard Law School in 
1844, and was admitted to the bar in Boston, September 3, 1844. While a student at 
law he was appointed clerk of the United States District Court, which position he held 
until a few months before his death. He married in Boston, September 11, 1848, Har- 
riet Bordman, daughter of William and Susan Ruggles (Bordman) Lawrence. 

Edward Morrell, was a son of Dr. Robert Morrell, who served with Andrew Jack- 
son in Louisiana during the war of 1812, and of his wife Laurette (Toussard) Morrell, 
daughter of General Toussard, an artillery officer of Napoleon's army, who emigrated 
to this country and was employed on our coast fortifications. The subject of this 
sketch lived on his father's plantation in San Marcos, Cuba, until about 1835, when he 
was fitted for college by M. L. Hurlbut, and graduated at Harvard in 1843. He stud- 
ied law in the Harvard Law School, in the office of George T. Davis, of Greenfield, 
Mass., and in that of Sohier & Welch, in Boston. He was admitted to the bar in Bos- 
ton in July, 1847, and practiced in Boston until 1852, when he moved to Philadelphia. 
He married in 1860, Ida, daughter of John Hare Powell, of Philadelphia, and died at 
Newport, September 3, 1871. 

Edward Augustus Crowninshield, son of Benjamin William and Mary (Boardman) 
Crowninshield, was born in Salem, February 25, 1817, and died in Boston February 



i 2 8 HISTOR\ OF THE BENCH AND BAR. 

20, 1859. He fitted for college at the Round Hill School and graduated at Harvard in 
L836. He studied law in the office of Franklin Dexter and William Howard Gardi- 
ner, and after admission to the bar, devoted himself to bibliography. He married, Jan- 
uary 15, 1840, Caroline .Maria, daughter of Francis Welch, and resided in Boston. 

Addington Davenport, son of Eleazer and Rebecca (Addington) Davenport, was 
born August 3, 1G70, and was graduated at Harvard in 1689. He was clerk of the first 
House of Representatives under the charter of 1692, and in 1695 was appointed clerk of 
the Superior Court of Judicature. He was afterwards appointed clerk of the Court of 
Common Pleas for the county of Suffolk and register of deeds. In 1714 he was elected 
a member of the Council, and was a Representative in 1711, '12, '13. In 1715 he was 
appointed judge of the Superior Court of Judicature, and remained on the bench till 
his death in 1736, at the age of sixty-six. He does not appear to have been a trained 
lawyer, but as a member of the judiciary he is entitled to a place in this register. He 
married, November 10, 1698, Elizabeth, daughter of John and Elizabeth (Norton) 
Wainwright, of Ipswich. 

Francis Calley Gray, son of William Gray, was born in Salem, Mass., September 19, 
1790, and died in Boston December 29, 1856. He graduated at Harvard in 1809, and 
was admitted to the bar in the Court of Common Pleas, November 11, 1814, and in the 
Supreme Judicial Court in December, 1816, after a course of study in the office of Will- 
iam Prescott. His life was chiefly devoted to literary pursuits. He was the private 
secretary of John Quincy Adams, American minister at Russia, a contributor to the 
North American Review, and the orator of the Phi Beta Kappa Society at Cambridge in 
1816. In 1840 he was the poet of the society. In 1818 he delivered an oration on the 
4th of July before the authorities of the town of Boston. He was a member of the 
Massachusetts Historical Society, the American Academy of Arts and Sciences, presi- 
dent of the Athenaaum, trustee of the State Lunatic Hospital at Worcester, fellow of 
Harvard from 1826 to 1836, representative in 1822,'23,'26,'28, , 29,'31,'43, a member of the 
Council in 1839, vice-president of the Prison Discipline Society, chairman of the direc- 
tors of the State Prison, and a recipient of a degree of LL.D. from Harvard in 1841. 
He resided in Boston and was unmarried. 

Samuel Eliot Guild, son of Benjamin Guild, was born in Boston, October 8, 1819, 
and died at Nahant, July 16, 1862. He fitted for college at the private school of Henry 
Russell Cleveland, and graduated at Harvard in 1839. He studied law in the Harvard 
Law School and in the office of William Gray and Theophilus Parsons, and was ad- 
mitted to the bar in Boston, July 7, 1842. He married, February 9, 1847, Elizabeth, 
daughter of Henry Gardner Rice, of Boston. 

Robert Roberts Bishop, son of Jonathan Parker and Eliza Harding Bishop, was 
born in Medfield, Mass., March 31, 1834, and received his early education at Phillips 
Academy, Andover. He studied law at the Harvard Law School, and in the offices of 
Peleg W. Chandler, and Brooks & Ball in Boston, and was admitted to the bar in 
Boston November 24, 1857. He was a representative in 1874, and a member of the 



BIOGRAPHICAL REGISTER. 129. 

Senate from 1878 to 1882, the last three years of which period lie was president. He 
was of counsel in the reorganization of the New York and New England Railroad Com- 
pany, and in the Andover case, and was the Republican candidate for governor of Mas- 
sachusetts in 1882. He was appointed judge of the Superior Court March 7, 1888, and 
is now on the bench. He married, December 24, 1857, at Holliston, Mass., Mary Helen 
Bullard, and resides in Newton. 

Everett Watson Burdett, son of Augustus P. and Marian (Newman) Burdett, was 
born in Olive Branch, Miss., April 5, 1854, and was educated at private schools and at 
Washington University, St. Louis, Mo. He studied law with Charles Allen, now justice 
of the Supreme Judicial Court, and at the Boston University Law School, and was ad- 
mitted to the bar in Boston in May, 1878. He was assistant U. S. attorney for Massa- 
chusetts from 1878 to 1880, and since that time his practice has been specially connected 
with the subject of electric lighting. He married, April 15, 1885, Maud Warren, of 
Boston, where he now resides. 

Selwyn Z. Bowman, son of Zadock and Rosetta (Cram) Bowman, was born in 
Charlestown, Mass., May 11, 1840. He fitted for college at the Charlestown High 
School and graduated at Harvard in 1860. He studied law with David H. Mason in 
Boston and at the Harvard Law School, and was admitted to the bar in Boston in 
1862. He has been three years State representative ; two years senator; four years 
in Congress, and seven years city solicitor in Somerville. He married in Lexington, 
June 20, 1866, Martha E. Tufts, and lives in Somerville. 

Chester Ward Clark, son of Amasa F. and Belinda Clark, was born in Glover, Vt., 
August 9, 1851, and was educated at Phillips Academy, Exeter, and in the Glover 
Academy. He studied law with Barron C. Moulton in Boston, where he was admitted 
to the bar March 12,1878. His practice is confined chiefly to commercial and probate 
law in the counties of Suffolk and Middlesex. 

David H. Coolidge, son of Charles and Elizabeth (Hill) Coolidge, was born in Boston, 
February 7, 1833, and fitted at the Boston Latin School for Harvard, where he gradu- 
ated in 1854. He studied law in the office of Peleg W. Chandler and at the Harvard 
Law School and was admitted to the bar in Boston, September 15, 1857. He has been 
commissioner of insolvency fifteen years, a trustee of the City Hospital, and was a 
member of the Common Council in 1863-4 and a representative in 1865. He married 
in Brookline, January 6, 1858, Isabella ShurtlefF, and lives in Boston. 

Charles Pelham Curtis, son of Thomas and Helen (Pelham) Curtis, was born in 
Boston, June 22, 1792, and died in Boston, October 4, 1864. He fitted for Harvard at 
the Boston Latin School and graduated in the class of 1811. He studied law with 
William Sullivan and was admitted to the bar in Boston in September, 1S14, in the 
Court of Common Pleas, and in December, 1816, in the Supreme Judicial Court. He was 
a member of the Common Council in 1823, '24, '25, '26, and a representative in 1842. 
He married first, March 5, 1816, Anna Whroe, daughter of Wm. Scollay, of Boston, and 
second, November 12, 1846, Margaret McKean, daughter of Thomas Stevenson, of 
Boston, and widow of Dr. Joseph William McKean, of the same city. 
17 



i 3 o HISTORY OF THE BENCH AND BAR. 

Charlks Pelham Curtis, jr., son of Charles Pelham and Anna Whroe (Scollay) 
Curtis, was born in Boston, Juiy 29, 1824, and graduated at Harvard in 1845. He 
studied law in the office of Charles P. and Benjamin R. Curtis, and was admitted to 
the bar in Boston, January 16, 1849. He has been United States commissioner. He 
married in Boston, April 25, 1852, Caroline G. Cary, and lives in Swampscott, Mass. 

James Dana, son of Samuel and Rebeeca (Barrett) Dana, was born in Charlestown, 
Mass., November 8, 1811, and was educated at the Groton Acadmey and at Harvard, 
where he graduated in 1830. He studied law with his father and with George F. 
Farley in Groton, and was admitted to the bar in Middlesex in December, 1833. He 
practiced in Groton first and then Charlestown, of which city he was mayor in 1858-9- 
60. He was colonel of the Fourth Regiment, First Brigade, Second Division of Massachu- 
setts militia and afterwards brigadier-general of the Third Brigade. He moved to the 
Dorchester district of Boston in 1875, and there died, June 4, 1890. He married first, 
June 1, 1837, Susan Harriet, daughter of Paul and Susan (Morrill) Moody, of Lowell ; 
second, Margaret Lance, daughter of Levi Tower, of Newport, R. I., and third, Julia, 
daughter of William and Mary (Parks) Hurd, of Charlestown. 

William Whitton Dwyer, son of Henry Law and Jane (Wbitton) Dwyer, was born 
in Dublin, Ireland, and educated at the Dublin High School. He was admitted to prac- 
tice on certificate of qualification from the High Court of Chancery in Ireland, and the 
Superior Courts of Common Pleas. After coming to Boston he was admitted to the 
bar there in October, 1875, and has been an associate justice of the East Boston Munici- 
pal Court. He married in 1870, in Dublin, Maud Christina Walsh, and now resides in 
Somerville. 

Mioah Dyer, jr., son of Micah and Sally Dyer, was born in Boston in 1829, and 
studied law with Stephen G. Nash, and at the Harvard Law School, and was admitted 
to the bar in Boston, May 13, 1850. He has been a representative two years. He mar- 
ried in Manchester, N. H., Julia K. Dyer, and resides in Boston. 

Benjamin Winslow Harris, son of William and Mary Winslow (Tliomas) Harris, was 
born in East Bridgewater, Mass., November 10, 1823, and was educated at the public 
schools and at the Andover Phillips Academy. He prosecuted his law studies at the 
Harvard Law School, and in the offices of Welcome Young, of East Bridgewater, and 
John P. Putnam, of Boston, and was admitted to the bar in Boston, April 12, 1850. He 
was senator from Plymouth county in 1857, the last year of the old county senatorial 
system, and a representative in 1858. He was district attorney for the southeastern dis- 
trict of Massachusetts from 1858 to 1866, and collector of internal revenue from 1S66 to 
1872. He was a representative in Congress for the second Massachusetts district from 
1873 to 1883, and as chairman of the committee on naval affairs rendered a valuable 
service to the country. He was appointed September 7, 1887, judge of Probate and 
Insolvency for Suffolk county. 'which office he still holds, while engaged in general prac- 
tice in Suffolk and Plymouth counties. He married, June 3, 1850, Julia Anne Orr, and 
lives in East Bridgewater. 

Thomas Greaves Cary, son of Samuel and Sarah (Gray) Cary, was born in Chelsea, 
Mass., September 7, 1791, and died at Nahant, Mass. July 3, 1859. He graduated at 



BIOGRAPHICAL REGISTER. 



1 3 I 



Harvard in 1811, and after studying law with Peter Oxenbridge Thacher, was admitted 
to the bar in Boston, in the Court of Common Pleas, July 26, 1814, and in the Supreme 
Judicial Court, July, 1816. He married, May 30, 1820, Mary Ann, daughter of Thomas 
H. Perkins, and moved to Brattleboro, Vt., where after one year's practice he moved to 
New York and engaged in the Canton trade as a partner in the house of T. G. & W. F. 
Cary. In 1830 he returned to Boston and joined the house of J. & T. H. Perkins, and 
after the dissolution of the firm was appointed treasurer of the Hamilton and Appleton 
Manufacturing Companies. In 1838 he became a special partner in the house of Fay & 
Farwells, and so continued until the dissolution of the firm in 1851. He was a senator 
from Suffolk in 1846, '47, '52, '53, director of the Hamilton Bank, trustee of the Institu- 
tion for the Blind, member of the American Academy of Arts and Sciences, member of 
the Massachusetts Historical Society, and fourth of July orator in Boston in 1847. 

Elijah George, son of William E. and Elizabeth (Deveau) George, was born in New 
Rochelle, N. Y., September 6, 1850. The father was born in England, and the mother was 
a descendant of one of the Huguenot families, who settled New Rochelle and named it 
from the French town. He was educated at the schools in New York and studied law 
in the office of Uriel H. & George G. Crocker, of Boston, and in the Boston University 
Law School. He was admitted to the bar in Boston November 28, 1874, and to prac- 
tice in the United States Supreme Court in 1886. He was appointed assistant register 
of Probate and Insolvency for Suffolk county by Judge Isaac Ames in 1875. On the 
death of P. R. Guiney he was appointed, April 3, 1877, by Governor Rice register of 
Probate and Insolvency, and has held that office by election to the present time. He 
married at Washington, D. C, in 1876, Susan Virginia Howard, and lives in Boston. 

Willard Howland, son of Jairus and Deborah L. (Fish) Howland, was born in Pem- 
broke, Mass., December 3, 1852, and received his early education in the public schools 
of Woburn and Kingston, and at the Boston University. He studied law in the office 
of Josiah W. Hubbard, of Boston, and in the Boston University Law School, and was 
admitted to the bar in Boston November 11, 1878. He was a member of the Massa- 
chusetts House of Representatives, in which as a member of the judiciary committee 
and chairman of the committee on street railways he rendered intelligent and impor- 
tant service. He married. August 24, 1874, Lottie A. S. Barry, and resides in Chelsea. 

Francis Willis Adams, son of William and Mary M. Adams, was born in Boston, 
July 23, 1855, and was educated at the Boston Latin School and Harvard College. He 
studied law at the Harvard Law School and in the office of D. W. Gooch, and was ad- 
mitted to the bar in Boston, January 31, 1882. He married in Boston, October 5, 1885, 
M. Elizabeth Morse. 

Curtis Abbott, son of Daniel and Sarah Abbott, was born in Randolph, Vt., No- 
vember 4, 1841, and was educated at East Bethel, Randolph, Royalston and South 
Woodstock, Vt. He studied law at the Harvard Law School and in the offices of E. 
K. Burnham, Wayne county, N. Y., and James M. Keith, Boston, and was admitted to 
the bar in Boston in 1867. He was first lieutenant in Company H, Second U. S. 
Sharpshooters, in the war, and wrote a sketch of the company for the report of the 
adjutant-general of Vermont. He married, August 31, 1883, at Newton, Maria 
Lorriaux. 



i 3 2 HISTORY OF THE BENCH AND BAR. 

Walttr Irving Badger, son of Erastus B. and Fanny B. Badger, was born in Bos- 
ton, January 15, 1859, and graduated at Yale in 1882. He studied law in the office of 
Solomon Lincoln and at the Boston University Law School, and was admitted to the 
bar in Boston in September, 1885. His business has been chiefly connected with cases 
in which the Boston and Maine Railroad was concerned. He married, at New Haven, 
October 6, 1887, Elizabeth Hand Wilcox. 

Andreas Blume, son of Joseph and Katharine Blume, was born in Weil, Grand 
Duchy of Baden, .Germany, December 8, 1837, and was educated at Miami University, 
Oxford, 0. He studied law in the office of William S. Leland in Boston, and at the 
Harvard Law School, and was admitted to the bar in Boston, December 4, 1866. He 
was a member of the Boston Common Council from 1883 to 1887, and in 1888-89 a 
member of the Massachusetts House of Representatives. He married Sibyl T. Blume, 
Octolier 1, 1875. 

Rohert Tillinghast Babson, son of William and Mary Isabel Babson, was born in 
Gloucester, Mass., February 3, 1862, and graduated at Harvard in 1882. He studied 
law in the Boston University Law School and was admitted to the bar in Essex county 
in October, 1885. 

John King Berry, son of Nehemiah Chase and Hannah Howe (King) Berry, 
was born in Randolph, Mass., November 8, 1854, and graduated at Harvard in 1876. 
He studied law with his father and at the Boston Law School, and was admitted to the 
liar in Boston in January, 1880. He married Ellen M. Brown in Providence, R. I., 
March 4, 1884. 

H. Eugene Bolles, son of William and Cornelia C. (Palmer) Bolles, was born in 
Waterford, Conn., January 6. 1853, and graduated at the Boston University Law 
School in 1874. He was admitted to the bar in Boston, June 20, 1874. Prior to 
1888 he was counsel for the New York and New England Railroad for several years. 
He married Elizabeth C. Howe at Boston, September 9, 1882. 

Elisha Bassett, son of Thomas and Fannie (Sears) Bassett, was born in Ashfield, 
Mass., June 6, 1818, and was educated in the schools and academies of that town. He 
studied law with Charles L. Woodbury, and was admitted to the bar in Boston, April 
12, 1847. In 1840 he entered the office of Francis Bassett, clerk of the United States 
District Court, as an assistant. During the incumbencies of Seth E. Sprague, Edward 
Dexter and Clement Hugh Hill, successors of Francis Bassett, he continued in the office 
as assistant, and on the resignation of Mr. Hill was appointed clerk. He resigned 
March 19, 1890, and died October 4, 1891. He married, first, in 1842, Mary Ann Joy, 
of Plainfield, and second, in 1860, in Boston, Mary Elizabeth Cox. 

Benjamin Edward Bates, son of Benjamin E. and Sarah C. (Gilbert) Bates, was born 
in Boston, December 27, 1862, and graduated at Harvard in 1884. He studied law at 
the Harvard Law School and in the office of Warren & Brandeis, and was admitted to 
the bar in Boston, February 2, 1887. 

Waeren Allds, son of Isaac N. and Abigail Allds, was born in Antrim, Hillsboro 
unity, N. II., and was educated in the public schools. He studied law with James H. 
Bancroft and Jerome F. Manning in Worcester, and was admitted to the bar in Val- 
paraiso, Ind., September 1, 1880, in 'Madison, Wis., to the State courts and the United 





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*^C^t^z>^ 



BIOGRAPHICAL REGISTER. 133 

States Court for the Western District of Wisconsin in November, 1881, and in Boston, 
February 23, 1882. He married in Dover, N. H., October 6, 1884, Nellie K. Hoity. 

Gerard Bement, son of Samuel and Sarah Emerson (Kent) Bement, was born in 
Lowell, July 17, 1858, and graduated at Harvard in 1880. He studied law at the Har- 
vard Law School, and was admitted to the bar in Middlesex in 1882. He married 
Katherine B. Pfaff in Boston, January 12, 1.887. 

Samuel Walker McCall, son of Henry and Mary Ann (Elliott) McCall, was born in 
East Providence, Penn., February 28, 1851, and graduated at Dartmouth in 1874. He 
studied law in the office of Staples & Golding, in Worcester, where he was admitted to 
the bar. He came to Boston in 1876, and in 1888-89 was editor of the Boston Daily 
Advertiser, and a member of the House of Representatives. He married Ella Esther, 
daughter of Sumner S. Thompson, in Lyndonville, Vt, May 23, 1881, and lives in 
Winchester. 

Leonard Augustus Jones, son of Augustus Appleton and Mary Partridge Jones, was 
born in Templeton, Mass., January 13, 1832, and graduated at Harvard in 1855, having 
fitted at the Lawrence Academy in Groton. He studied law with Caleb W. Loring in 
Boston, and graduated from the Harvard Law School in 1858. He was admitted to 
the bar in Boston, February 1, 1858. Previous to his study of the law he taught in the 
High School in St. Louis one year. In his early practice in Boston he was a partner 
of John Lathrop, now a judge of the Supreme Judicial Court, and of Edwin Hale Ab- 
bott. He has been a contributor to the Atlantic Monthly, the North American Review, 
the Christian Examiner, the Monthly Law Reporter, the Southern Law Revieiv, the Cen- 
tral Law Journal and the American Law Review, of the last of which he has been one 
of the editors. He has published the following legal works : Two volumes of *' Mort- 
gages of Real Property," one volume of "Mortgages of Personal Property," one vol- 
ume of " Corporate Bonds and Mortgages," one volume of " Pledges, including Collat- 
eral Securities," two volumes of "Liens, Common Law, Statutory, Equitable and Mar- 
itime," one volume of "Forms in Conveyancing," and one volume of "Index to Legal 
Periodical Literature," and has edited Volumes IX and XXI of " Myer's Federal De- 
cisions." In 1891 he was appointed Commissioner for Massachusetts on uniform laws 
between the States. He married Josephine, daughter of 'Artemas Lee, at Templeton, 
December 14, 1867, and lives in Boston. 

Roger Wolcott, son of J. Huntington Wolcott, was born in Boston, July 13, 1847, 
and graduated at Harvard in 1870. He is a descendant of Roger Wolcott, who, in 1745, 
commanded the New England forces in the capture of Louisburg, and who was one of 
the signers of the Declaration of Independence. After his admission to the bar he served 
in the Boston Common Council in 1877, '78, '79, and from 1882 to 1884 was a member of 
the Massachusetts House of Representatives, and is an overseer of Harvard College. 
At present he is the candidate of the Republican party of Massachusetts for lieutenant- 
governor. 

Joseph Lyman, son of Joseph and Anne Jean (Robbins) Lyman, was born in North- 
hampton, Mass., August 17, 1812, and was fitted for college at the Round Hill School in 
that town. He graduated at Harvard in 1830, and was admitted to the bar in Boston in 
October, 1833. He gave up the law and after studying engineering was engaged in im- 



134 HISTORY OF THE BENCH AND BAR. 

portant mining and railroad operations, which severe injuries, the result of an accident, 
obliged him to abandon for literary pursuits. He married Susan Bulfinch, daughter of 
Joseph Coolidge, of Boston, and died at Jamaica Plain, near Boston, August 14, 1871. 

Samuel Parkman Shaw, son of Robert G. Shaw, was born in Boston, November 19 r 
1813, and graduated at Harvard in 1832. After completing his law studies he re- 
moved to Parkman, Me., and subsequently to Waterville and Portland. In 1863 he 
removed to Cambridge, and died in Paris, France, December 7, 1869. He married 
Hannah Buck in 1841. 

Charles Jackson, son of Charles and Fanny (Cabot) Jackson, was born in Boston, 
March 4, 1815. He fitted for college at the schools of Daniel Greenleaf Ingraham and 
William Wells, and graduated at Harvard in 1833. He studied law with Charles G. 
Loring in Boston and was admitted to the bar in Boston in July, 1836. He however 
abandoned the profession and after studying engineering turned his attention to the 
manufacture of iron and called himself an iron master. He married Susan C, daugh- 
ter of Dr. James Jackson, of Boston, February 16, 1842, and died in Boston July 30, 
1871. 

Isaac Chauncey Wyman, son of Isaac and Elizabeth (Ingalls) Wyman, was born in 
Marblehead, January 31, 1830, and graduated at Princeton College in 1848. He grad- 
uated at the Harvard Law School in 1850 and concluded his law studies in the offices of 
Benjamin F. Hallett and Charles Grandison Thomas in Boston and was admitted to 
the bar in Boston, June 6, 1851. He has been many years president of the Marblehead 
National Bank and Savings Bank, and lives in Salem, unmarried, with his law office in 
Boston. 

Henry Augustus Wyman, son of Henry A. and Fanny F. Wyman, was born in 
Skowhegan, Me., February 3, 1861, and was educated in the schools of that town. He 
studied law in the office of Edward H. Bennett, in Boston, and in the law school of the 
Boston University, and was admitted to the bar in Boston in July, 1885. He has 
been second assistant attorney-general of Massachusetts, first assistant United States 
attorney, and lecturer on criminal law in the Boston University Law School. He mar- 
ried Anne C. Southworth at West Stoughton, February 13, 1891, and resides in Bos- 
ton. 

Alphonzo Adelbert Wyman, son of Oliver C. and Caroline Mitchell (Chandler) 
Wyman, was born in West Acton, Mass., January 29, 1862. He was fitted for college 
at Phillips Exeter Academy, and graduated at Harvard in 1883. He studied law with 
Henry W. Paine and W. W. Vaughan, in Boston, and was admitted to the bar in Bos- 
ton in July, 1885. He has been engaged on Gould & Tucker's Notes on the United 
States Revised Statutes. He married Laura Aldrich in West Acton, July 28, 1886, 
and resides in that town. 

Thomas F. Nutter, son of Ichabod and Sarah (Copeland) Nutter, was born m Hallo- 
well, Me., March 6, 1823, and was educated at the Hallowell High School. He studied 
law with his brother, Charles C. Nutter, in Boston, and was admitted to the bar in 
Boston, December 31, 1851. He married Adelaide Read at Portland, Me., February,. 
18, 1862, and lives in Boston. 



BIOGRAPHICAL REGISTER. 135 

Charles Coffin Pitts, son of Coffin and Louisa Pitts, was born in Boston, June 7, 
1865, and was educated at the North Easton High School. He studied law at the Bos- 
ton University Law School, and was admitted to the bar in Boston, August 2, 1887, 
and to the Circuit Court of the United States, December 21, 1891. His residence is in 
Boston. 

George Baxter Upham, was born in Claremont, N. H., April 9, 1855, and graduated 
at Cornell University. He studied law at the Harvard Law School, and was admitted 
to the bar in Boston, February 8, 1877, and has made a specialty of corporation law. 
His residence is in Boston. 

William Orison Underwood, son of Adin Ballou and Jane L. (Walker) Underwood 
was born in Newton, Mass., May 5, 1861, and graduated at Harvard in 1884. He 
studied law in the office of Hyde, Dickinson & Howe, in the Boston University Law 
School, and the Harvard Law School, and was admitted to the bar in Boston in 1886. 
He has been a lecturer in Harvard College. He married Bessie Shoemaker in Phila- 
delphia, November 18, 1886, and lives in Lynn. 

Francis Henry Underwood, was born in Enfield, January 12, 1825, and was educated 
partly at Amherst. He taught school in Kentucky, studied law, and was admitted to 
the bar. He returned to Massachusetts in 1850 and was closely indentified with the 
anti-slavery movement. He was clerk of the Massachusetts Senate in 1852, and sub- 
sequently, after eleven years' service as clerk of the Superior, Court in Boston, he re- 
signed to engage in literary pursuits. He was thirteen years a member of the School 
Board, and in 1885 was appointed consul at Glasgow, from whose University he received 
the degree of LL.D. in 1888. 

Stephen H. Tyng, son of Dudley Atkins and Catherine M. (Stevens) Tyng, was 
born in Hoboken, N. J., August 2, 1851, and was educated at Kenyon College and the 
University of Michigan. He studied law at the Boston University Law School and was 
admitted to the bar in Middlesex, in September, 1875. Besides his active business in 
the courts he has made frequent contributions to the press. He married Lizzie Wal- 
worth in Boston, September 8, 1880, and lives in Lexington. 

Charles L. B. Whitney was born in Springfield, Mass., October 21, 1850, and fitted 
for college in the High School of that city. He graduated at Harvard in 1871 and after 
a year's study at Leipsic, in Germany, studied law in the office of Jewell, Field & Shep- 
ard, and at the Harvard Law School, from which he graduated in 1876 and was admitted 
to the bar in Boston, May 11, 1877. Soon after his admission he became a partner of 
William Gaston, and so continued until the condition of his health compelled him to 
abandon legal work. He married, in 1882, Lottie J. Byam, daughter of E. G. Byam, 
of Charlestown, and died at his residence in Brookline, September 14, 1892. 

Lewis W. Howes, son of Samuel and Sarah (Abbot) Howes, was born in Sidney, 
Me., where he spent his boyhood and youth attending the public schools and in occu- 
pation on a farm, and finally at the University at Kent's Hill in Maine. He then went 
to Belfast where he studied law with his uncles, Nehemiah and Howard B. Abbot, and 
was admitted to the Waldo County Bar, and to a partnership with his uncle Nehemiah. 



136 HISTORY OF THE BENCH AND BAR. 

He afterwards moved to Rockland and held the office of county attorney of Knox 
county eight or nine years, until he moved to Boston, where he was admitted to the 
Suffolk bar, May 25, 1867. He married, first, Clementine E., daughter of Rev. John 
Allen, and second, in June, 1887, Delia A. Varney, of Boston, where he now lives. 

William Tudor was born in Boston, March 28, 1750, fitted for college at the public 
schools, and under Master Lovell, graduating at Harvard in 1769. He studied law with 
John Adams in Boston, and was admitted to practice in the Inferior Court of Common 
Pleas, July 27, 1772. At a meeting of the Suffolk bar, on the 26th of July, 1774, it 
was voted to recommend him for admission to the Superior Court. He served on the 
staff of Washington as judge advocate, with the rank of colonel, served in both 
branches of the Massachusetts General Court, and 1809-10 was secretary of the Com- 
monwealth. Among the students in his office at various times were Henry Goodwin, 
Fisher Ames, George Richards Minot and John Rowe. He married Delia Jarvis, March 

5, 1778, and lived in Boston, where he died, July 8, 1819. A memoir of Mr. Tudor 
may be found in the collections of the Massachusetts Historical Society, of which he 
was one of the founders. 

Henry James Tudor, son of the above, was born in Boston, April 8, 1791, and died 
in that city, Nov. 27, 1864. He was fitted for college by Rev. John S. J. Gardiner, of 
Boston, and graduated at Harvard in 1810. He studied law with James Savage and 
Charles Jackson and was admitted to practice in the Common Pleas Court in Boston, 
in April, 1816. He married Fannie H, daughter of William Foster, of Boston, August 

6, 1844. 

George Julian Tufts, son of Henry and Clarissa H. Tufts, was born in Eden, Mt. 
Desert Island, Me., and was educated at the Boston Latin School, and graduated at 
Tuft's College in 1874. He studied law at the Boston University Law School and was 
admitted to the bar in Boston, December 27, 1875. He has been engaged as counsel 
in many important cases, among which may be mentioned Westcott vs. N. Y. &N. E. 
R. R., reported in 152 Massachusetts Reports; Commonwealth vs. Conners and others, 
conductors of Met. Railroad Company, indicted for issuing counterfeit horse car tick- 
ets, and Commonwealth vs. Abby A. Conner, christian scientist, charged with man- 
slaughter. He married Isabella L. Parker in Medford, September 3, 1876, and lives in 
the Roxbury district of Boston. 

John Moore Tuohat was educated at the Boston University and admitted to the 
bar in 1881, in Boston, where he now lives. 

William Dall Turner, son of John B. and Ellen A. Turner, was born in Brookline, 
Mass., November 15, 1863. and was fitted for college at the Adams Academy at Quincy, 
Mass. He graduated at Harvard in 1884, and after studying law at the Harvard Law 
School, was admitted to the bar in Boston in 1886. After admission he went to Pa- 
latka, Florida, and practiced law there one year with Sumner C. Chandler, now of New 
York, and then returned to Boston, where he has since lived and practiced. In March, 
1890, he was appointed solicitor for the Metropolitan Sewage Commissioners in a case 
involving the constitutionality of the statute under which they were appointed, reported 






BIOGRAPHICAL REGISTER. I3r 

in 153 Massachusetts Reports; and later he was counsel for heirs-at-law in Greece in 
the case of the will of Photius Fisk. He lives in Boston and has interested himself in 
introducing the Torrens or Australian system of registration of titles to land. 

William H. H. Tuttle graduated at Williams College and studied law at the Har- 
vard Law School, and in the office of Chandler, Ware & Hudson. He was admitted to 
the bar in Middlesex in October, 1877, and was a member of the Massachusetts House 
of Representatives in 1890-91. His home is in Arlington. 

Charles HiTcncocK Tyler, son of Joseph R. and Abbie L. Tyler, was born in Cam- 
bridge, October 11, 1863, and graduated at Harvard in 188G. He studied law at the 
Boston University Law School and in the office of Shattuck &; Munroe, and was ad- 
mitted to the bar in Boston, January 1, 1889. He lives in Winchester. 

Royall Tyler was born in Boston, July 18. 1757, and died in Brattleboro, Vt. r 
August 16, 1826. He studied law with John Adams and was admitted to practice in 
the Inferior Court of Common Pleas in 1780. He served with General Benjamin Lin- 
coln in Shay's Rebellion and in 1790 settled in Guilford, Vt., where he became, in 1794 r 
a justice of the Supreme Court, and in 1800, chief justice. He was a voluminous writer 
as well as lawyer and judge. 

Dudley Atkins Tyng, son of Dudley Atkins, was born in that part of Newbury 
which is now Newburyport, September 3, 1760, and died in Newburyport, August 1, 
1829. He was educated at Dummer Academy under Master Moody and graduated at 
Harvard in 1781, receiving a degree of LL. D. in 1823. In 1780, while in college, he 
was selected with John Davis, of Plymouth, to assist Dr. Williams in observing, on 
Penobscot Bay, an eclipse of the sun. After leaving college he was private tutor in the 
family of Mrs. Selden, in Virginia, and while there studied law with Judge Mercer 
and wae admitted to the bar in Virginia. In 1784 he returned to Massachusetts and 
was admitted to the bar in Essex and afterwards had an office in Boston. He changed 
his name to Tyng, as the inheritor of the estate of James Tyng, of Tyngsboro, Mass. 
He was collector of Newburyport for a time and in 1805 was appointed reporter of 
the decisions of the Supreme Judicial Court of Massachusetts. His reports are con- 
tained in the volumes two to seventeen inclusive of the Massachusetts Reports and cover 
the period from the March term in Suffolk in 1806 to the March term in Suffolk in 1822. 
He was the father of Rev. Stephen Higginson Tyng, rector of St. George's Church in 
New York more than thirty years. 

David Wyer, a native of Charlestown, graduated at Harvard in 1758, studied law 
with James Otis in Boston, where he was admitted to the bar in 1762. The maiden 
name of his wife was Russell. 

Edwin Wright, son of Jesse Wright, of Lebanon, Conn., was born March 7, 1821, 
and graduated at Yale in 1844. After leaving college he came to Boston and was mas- 
ter of the Eliot Grammar School from 1845 to 1848. He was admitted to the bar in 
Boston, and in 1857 and 1867 was a member of the Massachusetts House of Repre- 
sentatives. On the 9th of July, 1861, he was appointed special justice of the Boston 
Police Court, and January 7, 1862, a justice of the same court. In 1877-9 he was 
18 



138 HISTORY OF THE BENCH AND BAR. 

lecturer in the Boston University Law School, on medical jurisprudence, and married, 
October 29, 1850, Helen Maria, daughter of Paul and Almira (James) Curtis, of Boston, 
where he now resides. 

Carroll Davidson Wright was born in Dunbarton, N. H., July 25, 1840, and 
was educated at Washington, Alstead and Chester, Vt. He studied law with Will- 
iam P. Wheeler, of Keene, N. H., and with Worthington & Willey in Boston. Early 
in the war he enlisted in Company C, Fourteenth N. H. Regiment, of which he became 
colonel in December, 1864. He resigned in 1865 and was admitted to the bar in New 
Hampshire in the same year. He afterwards moved to Boston and was in the Massa- 
chusetts Senate in 1871-2, and chief of the Bureau of Statistics of Labor from 1873 to 
1888. In 1880 he was the Massachusetts supervisor of the United States census, and 
in 1885 was appointed to investigate the public records of towns, parishes, counties and 
■courts. In the same year he was made first commissioner of the Bureau of Labor in 
the Department of the Interior at Washington. In 1876 he was presidential elector on 
the Republican ticket and in 1875 and 1885 had charge of the Massachusetts State 
census. He was a lecturer in the Lowell Institute in 1879 on labor questions, and in 
1881 university lecturer at Harvard on the factory system. He received the degree of 
A. M. from Tufts College in 1883. 

Erastus Worthington was born in Belchertown, Mass., October 8, 1779, and died 
at Dedham, June 27, 1842, He graduated at Williams College in 1804 and was ad- 
mitted to the bar in Boston in October, 1807. He moved to Dedham, where he prac- 
ticed law from 1809 to 1825, was a representative from that town in 1814-15, and 
wrote the history of Dedham from its settlement in 1635 to May, 1827, the year of its 
publication. 

Albert Parker Worthen, son of Samuel K. and Sarah F. Worthen, was born in 
Bridgewater, N. H., September 8, 1861, and was educated at the New Hampshire In- 
stitution. He studied law in the Boston University Law School and was admitted to 
the bar in Boston in 1885. He lives unmarried in Weymouth, Mass. 

Thomas Tyson Woodruff, son of Isaac O. and Arethusa H. Woodrouff, was born in 
Quincy, 111., January 7, 1839, and was educated at St. Paul's College at Palmyra, Mo. 
He studied law at the Harvard Law School and was admitted to the bar in Boston, 
August 13, 1886. His home is in Boston, and he is unmarried. 

E. H. Woodman was born in Gilmanton, N. H., July 6, 1847. and was educated at 
tho Gilmanton Academy and at Boscawen. He graduated at the Boston University 
Law School in 1873, and was admitted to the bar. He went to Concord, N. H., in 
1878, and was the mayor of that city in 1882 and several succeeding years. He was a 
member of the New Hampshire Legislature, treasurer of the Peterboro and Hillsboro, 
and the Franklin and Tilton Railroads, clerk of the Concord and Claremont Railroad, 
treasurer of the Concord Gas Light Company, and president of the Mechanics' National 
Bank. He died at Concord, March 21, 1892. 

Joshua Upham was born in Brookfield, November 14, 1741, and graduated at Har- 
vard in 1763. He practiced law in New York and Boston, and moving to New Bruns- 



BIOGRAPHICAL REGISTER. 139 

wick became judge of the Supreme Court of that province. He was the father of the 
late Charles W. Upham, of Salem. He died in London in 1808. 

Eugene Charles Upton, son of Charles and Anna C. Upton, was born in Gardner 
Mass., August 23, 1859. He was fitted for college at the Gardner High School, and 
graduated at Harvard in 1881. He studied law in Boston with Oren S. Knapp and 
Heman W. Chaplin, and was admitted to the bar there January 25, 1885. He married 
Alice M. Hyde at Gardner, September 3, 1884, and has his home in Maiden. 

Edward Preston Usher, son of Roland Green and Caroline Mudge Usher, was 
born in Lynn, Mass., November 19, 1851, and graduated at Harvard in 1873. He 
graduated also at the Harvard Law School in 1880, and was admitted to the bar in 
Essex county in 1879. He is, or has been president of the Grafton and Upton Rail- 
road, of the Milford and Hopedale Street Railroad, and of the Hopedale Electric Car 
Co., and is the author of a book on " Sales of Personal Property." He married Adela 
L. Payson, and lives in Grafton, Mass. 

Sherman Leland Whipple, son of Solomon Mason and Henrietta (Hersey) Whipple, 
was born in New London, N. H., March 4, 1862, and was educated at the Colby Acad- 
emy, New London, and at Yale, where he graduated in 1881. He studied law at Con- 
cord, N. H., and graduated from the Yale College Law School in 1884. He was- 
admitted to the bar in Connecticut in 1884, in New Hampshire in August, 1884, and in 
Boston in 1885. He resides in Brookline. 

Stephen Blake Wood, son of William T. and Sophia M. Wood, was born in West 
Cambridge, Mass., April 5, 1854, and was educated at the Arlington High School and 
Harvard College, from which he graduated in 1879. He studied law with Charles 
Allen and Jabez Fox, and was admitted to the bar in Boston, June 22, 1882. He mar- 
ried Amy Louise Blandy, June 27, 1885, and lives in Arlington. 

John H. Ponce, son of Phillip and Margaret Ponce, w r as born in Cambridge, Novem- 
ber 1, 1857, and was educated at the public schools of that city and at the College of 
the Holy Cross, in Worcester. He studied law at the Harvard Law School, and Bos- 
ton University Law School, and was admitted to the bar in Middlesex, March 18, 1881. 
He has been a member of the Common Council in Cambridge, where he lives and 
where he married Nellie L. Kelley, July 7, 1885. He has been attorney for nine years 
of the Cambridge Co-operative Bank. 

Thomas Butler Pope, son of Lemuel and Sally Belknap (Russell) Pope, was born in 
Boston, January 22, 1814, and died in Roxbury, January 15, 1862. His father was 
many years president of the Boston Insurance Company. He was fitted for college at 
the Boston Latin School, and graduated at Harvard in 1833. He studied law at the 
Harvard Law School and in the office of Charles G. Loring, and was admitted to the 
bar in Boston in 1836, and for a time was associated in business with Charles Henry 
Parker. He married, June 3, 1846, Gertrude, daughter of John Binney, of Boston. 

George Doane Porter, son of Jonathan and Catherine (Gray) Porter, was born in 
Medford, Mass., June 21, 1831. He was fitted for college by his father, and graduated 



i 4 o HISTORY OF 7 HE BENCH AND BAR. 

at Harvard in 1851. He studied law with William Brigham and was admitted to the 
bar in Boston in June, 1854. He practiced in both Boston and Medford for a time and 
afterwards in Medford alone. He married Lucretia A. Holland August 8, 1860. 

Nahum Mitchell, son of Gushing and Jennet (Orr) Mitchell, was born in East Bridge- 
water, February 12, 17G9, and died in Plymouth, August 1, 1853. He fitted for college 
with Beza Hay ward, of Bridgewater, and graduated at Harvard in 1789. During his 
college course he taught school in Weston and afterwards in Bridgewater and Plymouth. 
He studied law in Plymouth with Joshua Thomas, and was admitted to the bar in Bos- 
ton. He practiced in East Bridgewater, and among his students were Ezekiel Whit- 
man, afterwards chief justice of the Supreme Court of Maine, and Elijah Hayward, 
afterwards justice of the Supreme Court of Ohio. He was representative from 1798 to 
1803 and in 1809 and 1812, senator in 1813, member of the Council from 1814 to 1820, 
State treasurer from 1822 to 1827, member of Congress from 1803 to 1805, one of the 
commission in 1800 to establish the Massachusetts and Rhode Island line, and in 1823 
to establish the Massachusetts and Connecticut line. From 1811 to 1821 he was judge 
of the Court of Common Pleas for the Southern Circuit and the last two years its chief 
justice. He published in 1840 a history of Bridgewater, and was the author of the 
Bridgewater Collection of Music, which has run through thirty editions. He married 
in 1794, Nabby, daughter of Sylvanus Lazell, of Bridgewater. 

William Howard Mitchell, son of Azor and Sarah Jane (Shaw) Mitchell, was born 
in North Yarmouth, Me., August 14, 1861, and was educated at the Wesleyan Univer- 
sity at Middletown. Conn., from which he graduated in 1885. He studied law with Ed- 
win L. Dyer, of Portland, Me., and at the Boston University Law School, graduating 
in 1887, and was admitted to the bar in Boston in August, 1887. He married Har- 
riet Louise Orcutt at Melrose, Mass., October 2, 1889, and makes Melrose his home. 

Walter Samuel Pinkham, son of George F. and Ellen J. Pinkham, was born in Cam- 
bridge, Mass., August 21, 1865, and fitted for college at the Adams Academy at Qumcy, 
Mass., for Harvard, where he graduated in 1887. He studied law at the Harvard Law 
School and was admitted to the bar in Boston in June, 1890. His home is in Wollas- 
ton, a part of Quincy. 

Christopher G. Plunkett was born in Boston, August 29, 1859, and was educated 
in the public schools of Medford, to which town his father moved with his family after 
his return from the war. He studied law in the office of John F. Colby in Boston, and 
in the Boston University Law School, and was admitted to the bar in Boston in Novem- 
ber, 1881. He has been auditor of the town of Medford. 

Rosewell Bigelow Lawrence, son of Daniel Warren and Mary Ellen (Wiley) Law- 
rence, was born in Medford, Mass., January 31, 1856, and graduated at Harvard in 1878. 
He studied law at the Harvard Law School and in the office of Stearns & Butler, in Bos- 
ton, where he was admitted to the bar in February, 1882. He lives in Medford. 

William Baxter Lawrence, son of Samuel Crocker and Carrie R. Lawrence, was 
born in Charlestown, Mass., November 15, 1856, and fitted for college at the Boston Latin 



BIOGRAPHICAL REGISTER. 141 

School and graduated at Harvard in 1879. He studied law at the Harvard Law School 
and after graduating, in 1882, traveled in Europe and was admitted to the bar in Boston 
in 1883. He was a selectman of Medford in 1889-90, representative in the Legislature 
1891-92, grand master of the Grand Council R. & S. Masters of Massachusetts 1891-92, 
is past D. D. grand master of Grand Lodge, F. & A. Masons, of Massachusetts, past 
master of Mt. Hermon Lodge, F. & A. Masons, past H. P. of Mystic R. A. Chapter, 
and trustee of the Medford Savings Bank. He married Alice May, daughter of J. 
Henry Sears, in Dorchester, October 2, 1883, and lives in Medford. 

John Patrick Leahy, son of John and Mary E. Leahy, was born in Boston, March 
13, 1861. He was educated under private instruction, in the public schools and in the 
Boston University Law School, and was admitted to the bar in Boston in June, 1884. 
He married Josie C. Wilkinson at Boston, July 27, 1889, and lives in the Dorchester 
district of Boston. He has been engaged to some extent in lecturing and in writing 
for newspapers and magazines. 

Joseph Lee, son of Henry and Elizabeth Perkins (Cabot) Lee, was born in Brook- 
line, Mass., March 8, 1862. He graduated at Harvard in 1883, was a student in the 
Harvard Law School and was admitted to the bar in December, 1887. Besides his law 
practice he has engaged somewhat in literary pursuits in connection with newspapers 
and magazines. His residence is in Brookline. 

William H. Leonard, son of Hartford P. and Lucy A. Leonard, was born at Man- 
hattan, Kans., Nov. 10, 1860, and after graduating at Amherst, studied law in the Bos- 
ton University Law School, and was admitted to the bar in Boston in June, 1884. He 
married Charlotte A. Richardson at Raynham, Mass., May 5, 1886, and lives in Brain- 
tree, Mass. 

George V. Leverett, son of Daniel and Charlotte Leverett, was born in Charlestown, 
Mass., in 1846, and graduated at Harvard in 1867. He graduated also at the Harvard 
Law School in 1869, and finished his law studies in the office of Chandler, Thayer & 
Hudson, and was admitted to the bar in Boston, December 23, 1871. He is the official 
attorney of the American Bell Telephone Company. He married Mary E. L. Tebbetts 
at Cambridge in 1888, and now lives in that city. 

John Woodbury, son of John P. and Sarah E. (Silsbee) Woodbury, was born in 
Lynn, Mass., January 26, 1856, and graduated at Harvard in 1880. He studied law at 
the Harvard Law School and in the office of Shattuck & Munroe of Boston, and* was 
admitted to the bar in Boston in July, 1884. He married Jennie R. Churchill in Boston, 
February 18, 1885, and lives in Lynn. 

Levi Woodbury was born in Francestown, N. H., December 22, 1789, and died at 
Portsmouth, N. H., September 4, 1851. He graduated at Dartmouth in 1809, and 
studied law at the law school in Litchfield, Conn., and was admitted to the bar in 
Francestown in 1812, where he practiced until 1816. In 1817 he became judge of the 
Supreme Court of New Hampshire. In 1819 he moved to Portsmouth, and in 1823-4 
was governor of his native State. He was speaker of the New Hampshire House of 
Representatives in 1825, and chosen United States senator, serving from 1825 to 1831, 



i 4 2 HISTORY OF THE BENCH AND BAR. 

when he was appointed by Andrew Jackson secretary of the navy. Under Van Buren 
he served as secretary of the treasury, and was again chosen United States senator, 
serving from 1841 to 1845, when he was appointed justice of the United States Supreme 
Court, and remained on the bench until his death. 

A. Nathan Williams, son of James G. and Sarah N. Williams, was born in Bowdoin- 
ham, Me., October 26, 1857, and was educated in the Maine public schools and at St. 
Charles College in Maryland. He studied law with Charles W. Larrabe in Bath, Me., 
and was admitted to the bar in Bath, August 23, 1883, to the bar of the United States 
Supreme Court, January 10, 1889, and to the Suffolk bar, June 3, 1890. He lives in 
Boston. 

William Gordon Stearns, son of Asahel and Frances Wentworth Stearns, was born 
in Chelmsford, Mass., November 22. 1804. He graduated at Harvard in 1824, and 
studied law in the Harvard Law School, graduating in 1827. He was admitted to the 
bar in Boston in March, 1830, and in 1834 became partner of Theophilus Parsons. In 
1844 he was appointed steward of Harvard College and remained in office twenty-six 
years. He died January 31, 1872. 

John Glidden Stetson, son of Joseph and Margaret Stetson, was born in Newcastle, 
Me., February 28, 1833, and graduated at Bowdoin in 1854. He graduated at the 
Harvard Law School in 1860, and was admitted to the bar in Boston, January 31, 1860. 
He practiced in Portland from June, 1860, to February, 1864. He was appointed clerk 
of the United States Circuit Court, Massachusetts District, October 1, 1866, and has 
been clerk of the United States Circuit Court of Appeals for the First Circuit since its 
organization, June 16, 1891. He has been also United States Commissioner for the 
District of Massachusetts since October 15, 1872. He has heard nearly all the cases re- 
ferred to a Master in Chancery by the United States Circuit Court, Massachusetts 
District, from 1873 to 1883, and a large number since. His reports as Master have been 
prepared with great care and many of them are in print. He married Delia H. Libby, 
in Portland, Me., January 26, 1865, and lives in Boston. 

Charles Godfrey Stevens, son of Godfrey and Hannah (Poole) Stevens, was born 
in Claremont, N. H, September 16, 1821, and graduated at Dartmouth in 1840. He 
was admitted to the bar in Boston, October 23, 1845, was a member of the Massachu- 
setts Convention for the revision of the Constitution in 1853, a member of the Senate 
in 1862, draft commissioner for Worcester in 1862-3, and made president of the First 
National Bank of Clinton in 1864, and appointed in 1874 judge of the Second Wor- 
cester District Court. He married Laura A., daughter of Eli and Hepzibah (Floyd) 
Russell. 

Hazard Stevens, son of Isaac I. and Margaret L. Stevens, was born in Newport, R. 
I., June 9, 1842, and received his early education at Phillips Academy, Andover, and at 
Chauncey Hall School, Boston. He graduated at Harvard. He studied law with 
Edward Evans in Olympia, W. T., and was admitted to the bar in Olympia in 1872, 
and in Boston, March 13, 1875. He was, during the war, private, lieutenant and ad- 
jutant of the 79th New York Volunteers, in September and October, 1861, and after- 



BIOGRAPHICAL REGISTER. 143 

wards captain, major, assistant adjutant-general, brevet lieutenant-colonel, colonel and 
brigadier-general. He was collector of internal revenue for Washington Territory from 
1867 to 1871. After coming to Boston he was representative from the Dorchester 
district in 1885-86. His residence is in Dorchester. 

Oliver Stevens, son of Isaac and Hannah (Cummings) Stevens, was born in North 
Andover, and graduated at Bowdoin in 1848. He studied law at the Harvard Law 
School and in the office of H. H. Fuller in Boston, and was admitted to the bar in 
1850, and is now district attorney of Suffolk county. He married Catherine Stevens 
at North Andover in 1855, and lives in Boston. 

Oliver Crocker Stevens, son of Calvin and Sophia Tappan (Crocker) Stevens, was 
born in Boston, June 3, 1855, and was educated at the Dwight and Latin Schools in 
Boston, and Bowdoin College, from which he graduated in 1876. He studied law with 
Albert E. Pillsbury in Boston, and at the Boston University Law School, from which 
he received the degree of LL. B. in 1879. He was admitted to the bar in Boston, 
July 8, 1879, to the United States Circuit Court, July 26, 1880, and to the United 
States Supreme Court, March 4, 1884. He is a member of the Board of Overseers of 
Bowdoin College. He married Julia Burnett, daughter of John Gregory and Ann 
Eliza (Brainard) Smith, of St. Albans, Vt., and lives in Boston. 

William Burnham Stevens, son of William F. and Mary J. G. (Burnham) Stevens, 
was born in Stoneham, Mass., March 23, 1843, and fitted at Phillips Academy, Ando- 
ver, for Dartmouth College, from which he graduated in 1865. He studied law at the 
Harvard Law School and in the office of Sweetser & Gardner in Boston, and was ad- 
mitted to the bar in Boston, July 3, 1867. He was district attorney for the Northern 
District of Massachusetts from 1880 to 1890, and is president of the Stoneham Five 
Cent Savings Bank. He has written a historical sketch of Stoneham, and lives in that 
town. He married A. Josie Hill, October 20, 1868, and Mary W. Green, September 
30, 1873. 

Caleb Morton Stimson, son of Samuel and Susanna Stimson, was born in Newton, 
Mass., April 13, 1804.- He fitted at the Milton Academy for Harvard, where he grad- 
uated in 1824. He studied law at the Harvard Law School and in the office of Lemuel 
Shaw in Boston, and was admitted to the bar in Boston, April 1, 1828. He lived in 
Newton and died at Newton Lower Falls, July 6, 1860. 

Frederick Jesdp Stimson, son of Edward S. and Sarah Tufts (Richardson) Stimson, 
was born in Dedham, Mass., July 20, 1855, and graduated at Harvard in 1876. He stud- 
ied law with Robert M. Morse, jr., and was admitted to the bar in Boston in May, 1879, 
to the New York Supreme Court in June, 1886, and later to the United States Circuit 
Courts. He has been assistant attorney-general of Massachusetts, was appointed by 
Mayor Grace of New York, in 1887, on a committee to revise the New York constitution, 
and in 1891, by Governor Russell of Massachusetts, on the commission on the unification 
of laws. He has published " American Statute Law '' and " Stimson's Law Glossary," 
etc. He lives in Dedham. 



i 4 4 HISTORY OF THE BENCH AND BAR. 

William Mauran Stockbridge, son of John C. and Mary T. N. Stockbridge, was 
born in Boston, July 9, 1856, and studied law at the Boston University Law School and 
in the office of B. F. Brooks, of Boston, and was admitted to the bar in Boston in June, 
1882. He is unmarried and lives in Boston. 

James Alden Stockwell, son of Albert Samuel and Fannie E. (Bryant) Stockwell, 
was born in Stoneham, September 16, 1860, and was educated at the Wilbraham Acad- 
emy and Boston University, and was admitted to the bar in Boston in July, 1888. 

Charles B. Stone, son of Bradley and Clarisa Hosmer Stone, was born in West Ac- 
ton, Mass., July 17, 1818. He studied law in New York and Boston, and was admit- 
ted to the bar in Boston in 1890. He has been a selectman and member of the School 
Board in West Acton, where he resides. He married Marietta C. Wetherbee at Box- 
boro. Mass., December 25, 1870, and Isabella D. Lewis at Stow, Mass., May 18, 1881, 
and lives in West Acton. 

Frederic Mather Stone, son of Joshua C. and Elizabeth (Hathaway) Stone, was 

born in Brookline, Mass., October 19, 1861, and fitted at the Friends' Academy in New 

Bedford for Harvard, where he graduated in 1882. He studied law at the Harvard 

Law School and was admitted to the bar in Chicago in February, 1886, and in Boston 

n 1887. He lives in Boston. 

George Fisher Stone, son of Warren Fay and Mary (Williams) Stone, was born in 
Groton, Mass., December 25, 1850, and studied law with George Stevens in Lowell, 
and was admitted to the Middlesex bar in February, 1874. He practiced four years in 
Hudson, had an office in Boston in 1876, moved to Bradford, Penn., and was superin- 
tendent of schools there prior toJ888, after which he spent three years in Pittsburg and 
Harrisburg and in North Carolina. In 1891 he moved to Olympia, Wash. He married 
Emma Cecilia Branch, daughter of Jeremiah and Sarah (Hosmer) Aldrich, of Groton, 
Mass. 

William Stoughton was born in Dorchester in 1631 or 1632, and graduated at Har- 
vard in 1650. He was first a clergyman in 1671, a magistrate or assistant from 1671 
to 1676, an agent of the Massachusetts colony to England in 1677, chief justice of the 
Superior Court from 1692 to 1701, a member of the Council from 1693 to 1701, lieuten- 
ant-governor from 1692 to 1701. He was at various times a selectman of Dorchester, 
and died there July 7, 1701. He was never married. 

Almon A. Strout, son of Elisha and Mary Strout, was born in Lemington, York 
county, Me., and was educated in the public schools and at the Bridgton and Fryburg 
Academies. He studied law with Joel Eastman, of New Hampshire, and with Howard 
& Strout in Portland, and was admitted to the bar in Portland in April, 1859, and later 
became a member of the Suffolk bar. Before moving to Boston he was a member of 
the Maine Legislature. He married Mary R. Sumner at Grand Rapids, Mich., Decem- 
ber 23, 1862, and lives in Boston. 

Michal J. Sdghrue, son of John and Julia Sughrue, was born in Nashua, N. H.» 
August 27, 1857, and was educated at the Boston public schools and the Boston Uni- 





^^< 



BIOGRAPHICAL REGISTER. I45 

versity. He studied law at the Boston University Law School, and was admitted to 
the bar in Boston in 1888. He has been assistant district attorney for Suffolk, and lives 
in the Dorchester district of Boston. 

Cornelius P. Sullivan was born in Boston, April 22, 1861. He was educated at the 
Quincy Grammar School, the English High and Latin School, and graduated from the 
Harvard Law School in 1885, and the same year was admitted to the bar in Boston. 

James Sullivan, son of John and Margery (Brown) Sullivan, was born in Berwick, 
Me., April 22, 1744, and was educated chiefly by his father. He studied law with his 
brother John at Durham, N. H., and before 1782 was a member of the Suffolk bar. 
Before coming to Boston he practiced ten years in Biddeford. He was a member of 
Provincial Congress from Biddeford in 1774-5, and a member of the General Court in 
1775-6. On the 20th of March, 1776, he was appointed a justice in the Superior Court 
of Judicature and resigned in 1782. In 1778 he moved from Biddeford to Groton, and 
in 1779 was a delegate from Groton to the Massachusetts Constitutional Convention. 
In 1782 he was a delegate to Continental Congress, in 1787 a member of the Executive 
Council, in 1788 judge of probate, in 1790 attorney-general, in 1807 he was chosen gov- 
ernor, and died while in office in Boston, December 10, 1808. 

George Sullivan, son of James and Mehitable (Odiorne) Sullivan, was born in Boston, 
February 22, 1783, and died at Pau, France, December 14, 1866. He attended the 
Boston Latin School, studied law with his father and was admitted to the bar in Boston 
in July, 1804. He was secretary of James Bowdoin, minister to Spain. He practiced 
law in Boston and was a member of the State Senate. He moved to New York and 
continued in practice there. He married, January 26, 1809, Sarah, daughter of Thomas 
L. Winthrop and had two sons, George R. J. and James, both of whom took the name 
of Bowdoin in accordance with the will of Sarah, daughter of William and niece of 
James Bowdoin. 

Jeremiah J. Sullivan, son of John and Mary (Donohue) Sullivan, was born in Water- 
town, Mass., September 16, 1850, and fitted at the public schools for Harvard, where 
he graduated in 1872. He studied law in the Harvard Law School and in the office of 
George S. Hale, of Boston, and was admitted to the bar in Boston, June 27, 1874. He 
has been a selectman, member of the School Board and Board of Health in Watertown, 
where he lives. 

Richard Sullivan, son of James and Mehitable (Odiorne) Sullivan, was born in Gro- 
ton, July 17, 1779, and fitted at the Boston Latin School for Harvard where he gradu- 
ated in 1798. He studied law with his father and was admitted to the bar in Boston in 
1801. He was senator from Suffolk in 1815 to '17, a member from Brookline of the 
State Convention of 1820, a member of the Executive Council in 1820-21 and was the 
candidate of the Federal party in 1823 for lieutenant-governor with Harrison Gray 
Otis for governor, and was defeated. He was an overseer of Harvard from 1821 to 
1852. He married Sarah, daughter of Thomas and Sarah (Sever) Russell, of Boston, 
May 22, 1804, and died in Cambridge, December 11, 1861. 
19 



146 HISTORY OF THE BENCH AND BAR. 

Richard Sullivan, son of Jeremiah 0. and Joanna (Morrison) Sullivan, was born in 
Durham, Conn., February 24, 1856, and came with his father, an infant, to Boston. 
He attended the Comins Grammar School in Roxbury, the Boston College, and grad- 
uated from the Boston University Law School in 1882. He was admitted to the bar 
in 1S83. He also studied at the Harvard Law School and in the office of Charles T. 
■& Thomas H. Russell in Boston. He was a member of the Boston Common Council 
in 1887, '88, '89, '90 and twice the Democratic candidate for the presidency of the 
board. He is unmarried and lives in Boston. 

Thomas Francis Strange, son of Pierce and Anne Strange, was born in Manchester. 
N. II., December 24, 1859. In his infancy his parents moved to Boston where he was 
educated in the public schools, and graduated at the Boston University Law School, 
with the degree of LL. B., in 1883, and was admitted to the bar in Boston in the same 
year. He began practice with the law firm of Gargan, Adams & Swasey, and in Octo- 
ber, 1884, opened an office alone. He has been commissioner of insolvency by both ap- 
pointment and election, a member of the Boston School Board and an active member of 
the Democratic party in State and city politics. He resides in Boston. 

Anthony C. Daly was born in Boston, October 4, 1853, and was educated in the pub- 
lic schools. He was admitted to the bar in Boston in April, 1875, was a representative 
in 1878, and moved to the west. 

Richard Dana, son of Daniel, who was son of Richard, the ancestor who settled in 
Cambridge in 1640, was born in Cambridge, July 7, 1699, and died in Cambridge, May 
17, 1772. He graduated at Harvard in 1718 and began practice in Marblehead, con- 
tinuing it in Charletsown and Boston. He married a sister of Judge Edmund Trow- 
bridge. 

Francis Dana, son of Richard, was born in Charlestown, June 13, 1743. He grad- 
uated at Harvard in 1762, and after studying law with Edmund Trowbridge was ad- 
mitted to the bar in 1767, and practiced in Boston. He was a delegate to the Provin- 
cial Congress in 1774, and in 1776 a member of the Executive Council. In the same 
year he was a delegate to the Continental Congress, and again in 1778. He was sec- 
retary to John Adams, appointed in 1779 to negotiate peace, and in 1781 was ap- 
pointed minister to St. Petersburg where he remained two years. In 1783 he returned 
to Boston and was chosen, in 1784, a delegate to Congress. On the 18th of January, 
1785, he was appointed by Governor Hancock judge of the Supreme Judicial Court, 
and on the 29th of November, 1791, was appointed chief justice. He retired from the 
Bench in 1806 and died in Cambridge, April 25, 1811. 

Richard H. Dana, son of Francis Dana, was born in Cambridge, November 15, 1787, 
and died in Boston, February 2, 1879. Entering Harvard College in the class of 1808, 
he did not finish his course but received a degree fifty-eight years later, in 1866. and a 
degree of LL. D. from Williams College, in 1867. He studied law in the office of his 
cousin, Francis Dana Channing in Boston, and in the office of Robert Goodloe Harper, 
of Baltimore, and was admitted to the bar in Boston in October, 1811. He practiced 
for a time in Sutton, but finallj T settled in Cambridge and through life devoted himself 



BIOGRAPHICAL REGISTER. i 4r 

chiefly to literature. He was a frequent contributor to the North American Review 
and published his first poem, " The Dying Raven," about 1S25. His first volume of 
poems was published in 1827, and in 1S56 a revised edition of his poetical and prose 
writings was issued. At an earlier date, in 1839-40, he delivered a course of lectures 
on Shakespeare, in Boston, New York and Philadelphia. He was the father of Richard 
H. Dana, jr., and Edmund Trowbridge Dana. 

Richard H. Dana, jr., son of Richard H. Dana, was born in Cambridge, August 1, 
1815, and graduated at Harvard in 1837. His "Two Years before the Mast" was pub- 
lished in 1840, and had a very large circulation. He studied law with Joseph Story 
and was admitted to the bar in Boston in July, 1840. In 1841 he published "The Sea- 
man's Friend," and later, " To Cuba and Back." His contributions to reviews and other 
periodicals were numerous. In 1859-60 he went round the world, and in 1866 re- 
ceived from Harvard the degree of LL. D. In 1866 he published a new edition of 
Wheaton's "International Law," and about that time was a lecturer on international 
law at the Harvard Law School. In 1876 he was nominated by President Grant min- 
ister to England, but his nomination was not confirmed. He was at one time United 
States district attorney for Massachusetts District. He went to Europe in 1878, and 
died in Rome, January 7, 1882. 

Edmund Trowbridge Dana, son of Richard H. Dana, was born in Cambridge, August 
29, 1818, and died in Cambridge, May 18, 1869. He graduated at the University of 
Vermont in 1839. and at the Harvard Law School in 1841. He began practice with 
his brother, Richard H. Dana, jr., went to Europe where he continued his studies, giving 
special attention to Roman civil law. In 1854 he received a degree from the Univer- 
sity of Heidleberg, and returned home in 1856 and continued in practice until his 
death. 

Richard H. Dana 3d, son of Richard H., jr., and Sarah (Watson) Dana, was born in 
Cambridge, January 3, 1851, and received his early education in the public schools of 
Cambridge, and at St. Paul's School in Concord, N. H. He graduated at Harvard in 
1874, and at the Harvard Law School in 1877, and after a time spent in the office of 
Brooks, Ball & Storey in Boston, was admitted to the bar there in November, 1877. 
He has been interested in the purity of elections, and has contributed many articles to- 
magazines and newspapers, chiefly on the civil service, the Australian Ballot Law, and 
Election Expenses Law. He married Edith, daughter of Henry W. Longfellow, the 
poet, at Cambridge, January 10, 1878. 

Samuel Dana, son of William and Mary (Green) Dana, was born in that part of Cam- 
bridge which is now the Brighton District of Boston, January 14, 1738-9, and gradu- 
ated at Harvard in 1755. He studied divinity, and June 3, 1761, was settled as the 
minister of Groton. On account of his loyal sentiments on the approach of the Revo- 
lution he was dismissed, and moved to Amherst, N. H., where he studied law with 
Joshua Atherton, and was admitted to the bar of Hillsboro county in New Hampshire 
in 1781 and at a later date in Suffolk county, Mass. In 1785 he was appointed register 
of probate for Middlesex, afterwards judge of probate, and resigned December 21, 1792. 



148 HISTORY OF THE BENCH AND BAR. 

In 1793 he was a member of the Senate. His name is on the roll of admission to the 
bar of Suffolk by the Supreme Court without date. He died at Amherst, April 2, 1798. 

Edwin H. Darling, son of Timothy and Lucy Darling, was born in Calais, Me., Jan- 
uary 28, 1838, and was educated in Nassau, N. P., and New York and at Williams Col- 
lege. He studied law with George F. Shipley, of Portland, and with Doolittle, Davis 
& Crittenden in New York, and was admitted to the bar in New York in April, 1861, 
and in Boston, January, 5 1872. He is or has been a member of the Boston School 
Board. He married Georgie A. Smith, at New Market, N. H, February 7, 1882, and 
lives in Boston. 

George A. Dary, son of George L. and Rebekah G. Dary, was born in Taunton, 
Mass., November 30, 1842, and was educated at the Taunton High School. He studied 
law with Samuel E. Sewall in Boston, and was admitted to the bar there December 14, 
1872. He married Susan Elizabeth, daughter of Erastus S. Tuttle, and lives in Boston. 

William Nathaniel Davenport, son of William J. and Almira (Howard) Davenport, 
was born in Boylston. Mass., November 3, 1856, and was early educated in the public 
schools of that town. He studied law in the Law School of the University of Michigan 
and in the office of James T. Joslin, of Hudson, Mass., and Edward F. Johnson, of Marl- 
boro, Mass., and was admitted to the bar in Middlesex, June 30, 1883. He has been 
clerk of the Police Court of Marlboro, was a representative in 1885-86, and senator in 
1889-90. He married Lizzie M. Kendall at Boylston, January 1, 1887, and makes 
Marlboro his home, with an office in Boston. 

Charles Francis Davis, son of Francis W. and Anna Finney (Houlton) Davis, was 
born in Boston, September 6, 1830, and died in Boston, October 16, 1867. In early life 
he spent ten years in Antwerp, and studied law with Edward F. Hodges in Boston. 
He was as one time alderman in Boston, and a member of the Executive Council. 

Charles Thornton Davis, son of Charles A. and Mary (Thornton) Davis, was born in 
Concord, N. H, January 12, 1863, and graduated at Harvard in 1884. He studied law 
at the Harvard Law School and in the office of Hopkins & Bacon, of Worcester, and 
was admitted to the bar in Worcester, December 31, 1886. He married Frances P. An- 
derson at Portland, Me., September 12, 1888, and lives in Boston. 

Hasbrouck Davis, son of John and Elizabeth (Bancroft) Davis, was born in Worces- 
ter, April 19, 1827, and graduated at Williams College in 1845. He first studied divin- 
ity and was settled in Watertown over the Unitarian parish in that town. He after- 
wards studied law and was admitted to the bar in Boston, January 9, 1854, and went 
to Chicago in 1855. During the war he passed through the several grades, and was 
brevetted brigadier-general in 1865. He was drowned at sea on his way to Europe in 
the steamship Cambria, October 19, 1870. 

Everett Allen Davis, son of Lewis W. and Sarah Nickerson Davis, was born in 
Pawtucket, R. I., October 11, 1857, and was educated at Columbia College, and studied 
law in the law school connected with that institution, and in the office of Judge Daly, 
of New York, and was admitted to the bar in Brooklyn, N. Y., in 1878, and in Boston, 



BIOGRAPHICAL REGISTER. i 49 

February 2, 1887. He was a member of the Massachusetts House of Representatives 
in 1884-85 and 1890. He married Georgiana Whiting in Tisbury, Mass., December 26 
1878, and lives in Boston. 

James Clarke Davis, son of George T. and Harriet T. (Russell) Davis, was born in 
Greenfield, Mass., January 19, 1838, and fitted at Phillips Exeter Academy for Har- 
vard, where he graduated in 1858. He studied law in Greenfield with Davis & Allen, 
and in the Harvard Law School, and was admitted to the bar in Boston January 16, 
1861. He was assistant attorney-general under Charles Allen, and member of the 
Boston School Board from 1882 to 1887. He married Alice W. Paine, at Worcester, 
June 3, 1873, and resides at Jamaica Plain. 

John Davis, son of Thomas and Mercy (Hedge) Davis, was born in Plymouth, Mass., 
January 25, 1761, and died in Boston, January 14, 1847. He graduated at Harvard in 
1781, and in 1788 was the youngest member of the convention which adopted the con- 
stitution. He was a member of both House and Senate in Massachusetts, and in 1795 
was appointed by Washington comptroller of the currency. He was afterwards United 
States attorney, and in 1801 was appointed by John Adams judge of the United States 
District Court, which position he held forty years. In 1802 he received the degree of 
LL. D. from Dartmouth, and in 1842 the same degree from Harvard. He was presi- 
dent of the Massachusetts Historical Society from 1818 to 1835, and many years a 
member of the American Academy of Arts and Sciences and the American Philosoph- 
ical Society. He was the author of many published works, of which his edition of 
Morton's New England Memorial, with elaborate notes, and the Pilgrim ode, " Sons of 
Renowned Sires," are the best known. He married in 1786 Ellen, daughter of William 
Watson, of Plymouth. 

Simon Davis, son of Silas and Mercy E. Davis, was born in Charlestown, Mass., Sep- 
tember 25, 1854, and graduated at Harvard in 1876. He studied law in the Harvard 
Law School and in the office of George V. Leverett, of Boston, and was admitted to 
the bar in Boston in May, 1880. He is a member of the Boston School Board and 
special justice of the Municipal Court in the Charlestown District of Boston. He mar- 
ried Helen M. Goldthwait at Boston, November 12, 1884, and lives in Boston. 

Stanton Day, son of J. S. and E. P. (Young) Day, was born in Downeville, Cal., 
and was educated in Chauncey Hall School, Boston, and at Harvard, where he gradu- 
ated in 1883. He studied law at the Harvard Law School and in the office of Edward 
W. Cate, of Boston, and was admitted to the bar in Boston in 1885. He lives in Brook- 
line, Mass. 

Thomas Kemper Davis, son of Isaac P. and Susan (Jackson) Davis, was born in Bos- 
ton. June 20, 1808, and graduated at Harvard in 1827. He studied law with Daniel 
Webster and was admitted to the bar in Boston in January, 1830. He was a man of 
superior scholastic attainments, and entered the profession with the promise of a bril- 
liant career. An unfortunate accident, however, inflicted injuries on his brain which 
precluded further advancement. After a number of r years in retirement he died in 
Boston, October 13, 1853. 



150 HISTORY OF THE BENCH AND BAR. 

William Davis, son of Nathaniel Morton and Harriet Lazell (Mitchell) Davis, was 
born in Plymouth, Mass., May 12, 1818. He fitted at the Boston Latin School for Har- 
vard, from which he graduated in 1837. He studied law with his father in Plymouth 
and at the Harvard Law School, and was admitted to the bar in Boston, January 18, 
1841. He settled in Plymouth where he became active as a Whig politician, and chair- 
man of the Board of Selectmen. He was also at one time president of the Pilgrim So- 
ciety. He married Helen, daughter of John and Deborah (Spooner) Russell in Plymouth 
in 1850, and died in Boston, February 19, 1853. 

William Nye Davis, son of John Watson and Susan Holden (Tallman) Davis, was 
born in Boston, December 2, 1830, and fitted at the Latin School for Harvard, where he 
graduated in 1851. He studied law at the Harvard Law School and in the offices of 
Shattuck Hartwell and Wm. H. Gardiner, and was admitted to the bar in Boston in 
March, 1855. He married Mary C, daughter of William Howard Gardiner in Boston, 
March 24, 1856, and died in Nice, February 24, 1863. 

George Thomas Davis, at one time a member of the Suffolk bar, but more especially 
associated with Greenfield and the Franklin county bar, the son of Wendell and Caro- 
line (Smith) Davis, was born in Sandwich, Mass., January 12, 1810, and graduated at 
Harvard in 1829. He studied law at the Harvard Law School and in the offices of Dan- 
iel Wells and James C. Alvord in Greenfield. Benjamin R. Curtis and David Aiken were 
students at the same time in the office. After his admission to the bar he began prac- 
tice in Taunton in 1832, but in 1833 removed to Greenfield, where he became associated 
in business with his former instructors with a firm name of Wells, Alvord & Davis. 
Mr. Wells was appointed to the Common Pleas bench, and Mr. Alvord died in 1839, and 
Mr. Davis afterwards, until his retirement from business in 1865, had various associates. 
Among these were Charles Devens, late judge of the Supreme Judicial Court, Charles 
Allen, a judge at present on the same bench, Wendell Thornton Davis, a brother, James 
C. Davis, his son, David Aikin, and Samuel 0. Lamb. Mr. Davis rose rapidly to a lead- 
ership of the bar in the river counties of Massachusetts. He was distinguished not 
alone for his legal abilities, but also for his remarkable conversational powers. Thack- 
eray on his visit to America, meeting him for the first time at a private dinner, laid 
down his knife and fork and paid tribute in exclamations of wonder at the brilliancy of 
his conversation. He was a member of the Massachusetts Senate in 1839-40, in 1861 
a representative and represented the Franklin district in Congress from 1851 to 1853. 
He married Harriet T., daughter of Nathaniel P. Russell, of Boston, October 16, 1834, 
and Mrs. Abba I. Little, of Portland, and daughter of Daniel Chamberlain, of Boston, 
April 26, 1865. He died in Portland, June 17, 1877. 

William Thomas Davis, son of William and Joanna (White)Davis, was born in Plym- 
outh, Mass., March 3, 1822, and was fitted by Isaac N. Stoddard, teacher of the Plym- 
outh High School, for Harvard, where he graduated in 1842. After studying medi- 
cine for a time he studied law in the office of his brother, Charles G. Davis in Boston, 
and at the Harvard Law School, and was admitted to the bar in Boston, November 9, 
1849. He retained an office and lived in Boston until 1853, when he returned to Plym- 
outh and became largely associated with its interests. He has served six years on the 






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BIOGRAPHICAL REGISTER. I5I 

School Board of Plymouth, been chosen seventeen times as selectman, declining twice and 
serving as chairman eleven years, and has presided as moderator at more than seventy 
meetings of the town. In 1858 and 1859 he was State senator, has been president of 
the Plymouth Bank, Plymouth Gas Company, Old Colony Insurance Company, direc- 
tor of the Duxbury and Cohasset Railroad Company, and president of the Pilgrim So- 
ciety. He was presidential elector on the Republican ticket in 1872, and a delegate to 
the Republican National Convention at Cincinnati in 1876. He is the author of "Ancient 
Landmarks of Plymouth," of a ''History of Plymouth," the editor of two volumes of 
the Plymouth town records with notes, and has contributed to county histories, histor- 
ies of Newburyport, Newbury, Marshfield, Plympton, and many other towns, as well 
as sketches of the bench and bar of Plymouth, Essex and Middlesex counties. He mar- 
ried Abby Burr, daughter of Thomas and Lydia Coffin (Goodwin) Hedge in Plymouth, 
Novomber 19, 1849, and makes Plymouth his home. 

Andrew Cunningham Davison, son of Henry and Mary Davison, was born in Boston, 
June 5, 1789, and graduated at Harvard in 1815. He studied law with George Blake 
and was admitted to the bar in Boston. From 1818 to 1828 he was assistant teache 
in the Adams School in Boston. He died in Lexington, January 27, 1856. 

Delavan Calvin Delano, son of Eber Carpenter and Betsy Delano, was born in 
Hanover, N. H., February 1, 1869, and graduated at Dartmouth College in 1884. He 
studied law in the office of William H. Coltonat Lebanon, N. H., and Wilbur H. Pow- 
ers, of Boston, and graduated at the Boston University Law School in 1887, in which 
year in June he was admitted to the bar in Boston. He lives unmarried in West 
Somerville. 

Louis Emil Denfield, son of Frank and Margaret Denfield, was born in Westboro, 
Mass., September 26, 1854, and graduated at Amherst in 1878. He studied law with 
A. G. Biscoe in Westboro, Mass., and was admitted to the Worcester county bar in 
April, 1881. He was town clerk of Webster, Mass., two years, assessor in Westboro 
three years, and member of the School Board in the same town six years. He married 
Etta May Kelly in Westboro, where he now lives, October 26, 1887, and practices in 
Boston. 

William Willis, son of Benjamin and Mary (McKinstry) Willis, was born in Haver- 
hill, Mass., August 31, 1794, and graduated at Harvard in 1813. He studied law with 
Peter 0. Thacher in Boston, and was admitted in Boston to the Common Pleas, January 
8, 1817, and to the Supreme Court, January, 1819. He practiced in Boston until April, 
1819, when he moved to Portland and continued there alone in business until 1835, 
when he formed a partnership with William Pitt Fessenden which continued twenty 
years. In 1855 he was in the Maine Senate, in 1859 Mayor of Portland, in 1860 presi- 
dential elector, and in 1867 received the degree of LL.D. from Bowdoin. He devoted 
much time to historical pursuits, and was the author of a history of Portland and many 
other publications. He married Julia, daughter of Ezekiel Whiteman, of Portland, Sep- 
tember 1, 1823, and died in Portland, February 17, 1870. 

Arnold A. Rand, son of Edward Sprague and Elizabeth Arnold Rand, was born in 
Boston, March 25, 1837, and was educated at the school of Epes S. Dixwell in Boston, 



152 HISTORY OF THE BENCH AND BAR. 

in Vevay and in Paris. He studied law in the office of his father and at the Boston Uni- 
versity Law School, and was admitted to the bar in Boston, October 6, 1874. He was 
commissioned, October 30, 1861, second lieutenant of the First Massachusetts Cavalry, 
and was afterwards captain and assistant adjutant-general, lieutenant-colonel of the 
Fourth Massachusetts Cavalry, and in 1864, colonel. In 1885, with N. J. Bradlee, he 
formed the Massachusetts Title Insurance Co. of which he is vice-president and mana- 
ger. He married, in 1877, Annie Eliza Brownell of New Bedford, and lives in Boston. 

Henry Harrison Sprague, son of George and Nancy (Knight) Sprague, was born in 
Athol, Mass., August 1, 1841, and received his early education at the Athol High School 
and at the Chauncey Hall School in Boston. He graduated at Harvard in 1864 and 
went to Champlain, N. Y"., as a private tutor. In 1865 he entered the Harvard Law 
School and was at the same time a proctor of the college. In 1890 he was chosen a 
member of the Board of Overseers of the college. In the fall of 1866 he entered the 
law office of Henry W. Paine and Robert D. Smith in Boston, and February 25, 1868, 
was admitted to the Suffolk bar. He was chosen in 1873 to the Common Council of Bos- 
ton and served in 1874, 1875 and 1876, and in 1875 and 1876 was one of the trustees of 
the City Hospital on the part of the Council. In 1878 he was chosen one of the trustees at 
large and continued as such until the incorporation of the City Hospital in 1880, when 
he was appointed a trustee by the mayor. He has since held this position by successive 
reappointments, and since 1878 has also acted as secretary of the board. He was a 
member of the House of Representatives from Boston in 1881, 1882 and 1883. He 
was elected a member of the Massachusetts Senate for the Fifth Suffolk District for 
the year 1888, and drafted and introduced the new ballot act. He was elected again 
in 1889 and in 1890, and in 1890 was elected president of the Senate. He was again 
elected to that body for the year 1891, and was a second time its presiding officer. In 
1884 he was a member of the executive committee of the Municipal Reform Associa- 
tion, and senior counsel of the association for the purpose of securing the passage by 
the Legislature of 1885 of the amendments to the charter of the city of Boston, by 
which the executive authority of the city was vested in the mayor. In 1867, in con- 
nection with a few others, he brought about a return to new and active operations of 
the Boston Young Men's Christian Union, and has since continued as a member of the 
Board of Government, acting as secretary from 1867 to 1879, and since 1879 as vice- 
president of the society. In 1880 he engaged with others in the organization of the 
Boston Civil Service Reform Association, and served on the executive committee of 
that body until the year 1889, when he was elected president of the association, which 
office he still holds. He was for many years a manager of the Temporary Home for 
the Destitute, or Gwynne Home, and was one of the " Committee of Fifty '' on the 
Museum of Fine Arts. He has been since 1879 one of the trustees of the Boston 
Lying-in Hospital, and recently has served upon the executive committee of the board. 
He has been since 1883 secretary of the Massachusetts Charitable Fire Society, is s 
member of the Massachusetts Historic Genealogical Society, the Bostonian Society, 
the Bar Association and the Harvard Law School Association, and a member of the 
general committee of the Citizens' Association of Boston. He is also one of the trustees 
appointed to hold the buildings recently purchased and improved for the Women's Ed- 



BIOGRAPHICAL REGISTER. i S3 

ucational and Industrial Union, and acts as treasurer of the trustees. In 1884 he pub- 
lished a treatise entitled, "Women Under the Law of Massachusetts; their Rights 
Privileges and Disabilities," and in 1890 he published a pamphlet entitled, "City Gov- 
ernment in Boston ; Its Rise and Development." He resides in Boston. 

Joseph Fernald Wiggin, son of Joshua and Dorothy Wiggin, was born in Exeter N. 
H., March 30, 1838, and was educated in the public schools and at Phillips Exeter Acad- 
emy. He studied law with W. W. Stickney, of Exeter, and at the Harvard Law 
School, and was admitted to the bar of Rockingham county, N. H, in October, 1862, 
and to the Suffolk bar November 4, 1891. He was judge of probate for Rockingham 
county from 1871 to 1876 ; one of the commissioners in 1877 to revise the general laws 
of New Hampshire; moved to Maiden, Mass., in 1880, where he was a member of the 
School Board from 18S5 to 1887, mayor from 1888 to 1891, and city solicitor in 1892. 
He married Ruth H. Hollis, at Milton, Mass., July 6, 1888, and lives in Maiden. 

Edward Wigglesworth was born in Boston, January 14, 1804, and died there Octo- 
ber 14, 1876. He graduated at Harvard in 1822, and studied law with William Pres- 
cott, and at the Harvard Law School, from which he graduated in 1S25, and was ad- 
mitted to the Common Pleas Court in Boston in October, 1825, and to the Supreme 
Judicial Court, January 10, 1828. After practicing a short time he entered his father's 
counting room, and devoted himself to business, relieved by an active interest in lit- 
erary and charitable pursuits. He was a descendant of Michael Wigglesworth, who 
was born in England in 1631, and died in Maiden, Mass., in 1705. 

Samuel Sumner Wilde was born in Taunton, February 5, 1771, and died in Boston, 
June 22, 1855, and graduated at Dartmouth in 1789. He studied law in Taunton with 
Judge Paddleford, and was admitted to the bar in 1792, probably in Boston, as his 
name is on the roll of admissions by the Supreme Court in Suffolk before 1807. He 
began practice in Waldoboro, Me., but moved in 1794 to Warren, Me., and in 1799 to 
Hallowell. In 1815 he was appointed judge of the Supreme Judicial Court, and in 
1820, when Maine was set off as a State, he moved to Newburyport, and in 1831 to 
Boston, where the remainder of his life was spent. He was a member of the Hartford 
Convention, a member of the Constitutional Convention of 1820, twice a presidential 
elector, and in 1844 a member of the Executive Council. He received the degree of 
LL.D. from Bowdoin in 1817, Harvard in 1841, and Dartmouth in 1849. He resigned 
his seat on the bench in 1850 at the age of seventy- nine. He married Eunice, daughter 
of David Cobb, of Taunton. 

Joseph Willard, son of Rev. Joseph and Mary (Sheafe) Willard, was born in Cam- 
bridge, March 14, 1798, and died in Boston, May 12, 1865. He fitted for college at 
Phillips Exeter Academy under Mark Newman, and at Wm. Jennison's private classical 
and mercantile school, and graduated at Harvard in 1816. He studied law with Charles 
Humphrey Atherton in Amherst, N. H., and was admitted to the bar in 1819. Prac- 
ticing first in Waltham and Lancaster, he moved to Boston in 1829. In 1839 he was 
appointed joint clerk with George C. Wilde of the Supreme Judicial and Common Pleas 
courts, and in 1856 clerk of the Superior Court for the county of Suffolk. Upon the 
20 



i 5 4 HISTORY OF THE BENCH AND BAR. 

organization of the Superior Court for the Commonwealth, he was appointed clerk and 
so continued until his death. He was the author of a history of Lancaster and the Life 
of Simon Willard. He married Susanna Hicklin, daughter of Capt. Isaiah Lewis, Feb- 
ruary 24, 1830. 

James Thomas Joslin, son of Elias and Elizabeth (Stearns) Joslin, was born in 
Leominster, Mass., June 23, 1834, and was educated at the Leominster public schools 
and the Lawrence Academy at Groton. He read law with Charles H. Merriam in 
Leominster and Nathaniel Wood and Goldsmith F. Bailey in Fitchburg, and was ad- 
mitted to the bar at Fitchburg in June, 1859. He was in the Leominster School Board 
in 1856-7. He began the practice of law in North Marlboro', near Hudson, in August, 
I860, and was postmaster in that town in 1863-4; he was grand master I. O. 0. F., 
in Massachusetts, in 1880, and in 1866 council for petitioners for the incorporation of 
the town of Hudson. He married, at Leominster, October 14, 1861, Annie Catherine 
Burrage, and lives in Hudson. 

Paul Willard, son of Paul and Martha (Haskell) Willard, was born in Lancaster, 
Mass., and died in Charlestown, March 18, 1856. He fitted for College at Westford 
Academy and graduated at Harvard in 1817. He studied law in Worcester with Cal- 
vin Willard and was admitted to the bar in 1821. He began practice in Charlestown 
and in September, 1822, was appointed postmaster of that town, and in 1823 was cho- 
sen clerk of the Massachusetts Senate and was the incumbent of that office until 1829. 
He is believed to have had at one time an office in Boston and for that reason is in- 
cluded in this register. 



'&' 



Aaron Hobart Latham, son of Eliab and Susan Adams Latham, was born in East 
Bridgewater, and graduated at Harvard in 1877. He studied law at the Harvard Law 
School and in the office of Shattuck, Holmes & Munroe, of Boston, and was admitted 
to the bar of Plymouth county March 4, 1879. He has been a member of the School 
Board in Brookline, where he lives. He married Minnie G. Bearce at North Livermore, 
Me., September 20, 1882. 

Thomas E. Grover, son of Thomas and Roana Grover, was born in Mansfield, Mass., 
February 9, 1847, and was educated at private schools. He studied law with Ellis 
Ames, of Canton, and was admitted to the bar in Taunton, September 7, 1889. He 
has been engaged in editorial newspaper work, and was trial justice for several years, 
lie married Frances L. Williams at Canton, Mass., September 17, 1871, and while prac- 
ticing in Boston resides in Canton. 

Loren Erskink Griswold, son of Daniel C. and Adelaide E. (Griswold) Griswold, 
was born in Boston, January 3, 1863, and graduated at Harvard in 1884. He studied 
law at the Harvard Law School and was admitted to the bar in Boston in June, 1886. 

James Russell Reed, son of James and Mary J. (Magee) Reed, was born in Boston, 
January 4, 1851. He was educated at the Phillips School, Latin School and at Harvard 
College, from which he graduated in 1871. He studied law in the Harvard Law 
School and in the offices in Boston of Edmund H. Bennett and T. L. Livermore and 



BIOGRAPHICAL REGISTER. 155 

was admitted to the bar in Boston, July 5, 1876. He has been chairman of the School 
Committee of Lexington, and assistant district attorney. He married Eleanor Frances 
Prescott at Boston, February 16, 1S92, and has a house in Boston and one in Burling- 
ton, Mass. 

Samuel Willard Reed, son of Samuel and Caroline Reed, was born in Weymouth, 
Mass., December 31, 1849, and was educated in the public schools of that town. He 
studied law with Charles A. Reed, of Taunton, and was admitted to the bar in Taunton, 
September 29, 1873. He has been on the School Board of Weymouth, and secretary of 
the Weymouth Historical Society. 

William G-ardner Reed, son of Isaac and Lydia E. (McDonald) Reed, was born in 
Waldoboro, Me., May 4, 1858, and graduated at Bowdoin in 1882. He studied law in 
the Boston University Law School, and was admitted to the bar in Boston in January, 
1885. He was a member of the Boston Common Council in 1888, and of the Board of 
Aldermen in 1889-90. He married Mary Lorine Hagar at Richmond, Me., October 18, 
1882, and lives in the Roxbury District of Boston. 

Fletcher Ladd, son of William Spencer and Mira Barnes Fletcher Ladd, was born in 
Lancaster, N. H., December 21, 1862, and fitted at Phillips Academy, Andover, for Dart- 
mouth College, from which he graduated in 1884, and also studied at the Heidelberg 
University in Germany. He studied law with his father and at the Harvard Law 
School, from which he graduated in 1890, and was admitted to the bar in Concord, N. 
H, in March, 1889. He lives in Cambridge. 

Nathaniel Watson Ladd, son of Daniel and Lucy Ann Ladd. was born in Deny, 
N. H, January 7, 1848, and was educated at the Pinkerton Academy and in the Dart- 
mouth College class of 1873. He studied law in Boston in the office of Abbott, Jones 
& McFarlane, and at the Boston University Law School in the class of 1875, and was 
admitted to the bar in Boston, November 8, 1875. He was a member of the Boston 
Common Council in 1886-87, and a member of the Massachusetts House of Represent- 
atives in 1890-91. His residence is in Boston. 

Elias Merwin, son of Rev. Samuel and Sarah (Clark) Merwin, was born at New 
Haven, Conn., April 25, 1825. He received his early education at a boarding school in 
White Plains, N. Y., and at thirteen entered Wesleyan University, and graduated in 
1841. He studied law in Lenox in the office of Henry Walker Bishop, and at the 
Harvard Law School. After leaving the law school he went to Pittsfield and was ad- 
mitted to the Berkshire bar in 1843. In 1851 he came to Boston and was associated 
with Benjamin R. Curtis until the appointment of Mr. Curtis to the United States Su- 
preme Bench. The business of Mr. Merwin was chiefly in the Supreme and Circuit 
Courts, in both of which he was counsel in many important cases. Among these may 
be mentioned the suit of Abbott vs. the Essex Company, which he argued before the 
United States Supreme Court at the age of thirty. In 1854 he was appointed Profes- 
sor of Equity in the Boston University Law School. He married Anne, daughter of 
Dr. H. H. Childs, of Pittsfield, December 23, 1847, and died in Boston, March 27, 1891. 



156 HISTORY OF THE BENCH AND BAR. 

Ninian C. Betton, son of Samuel and Ann (Ramsay) Betton, was born in New 
Boston, N. H., January 10, 1787, and graduated at Dartmouth in 1814. He studied 
law with Daniel Webster in Boston, and was admitted to the bar in Boston October 
7, 1817, and to the Middlesex bar in November, 1819. He was at one time State 
representative and member of the Boston Common Council. He married Wealthy 
Johnson, daughter of Silas and Mary (Thornton) Betton, in January, 1821. His wife 
was his cousin and granddaughter of Dr. Matthias Thornton, a signer of the Declar- 
ation, chief justice of the Common Pleas Court and justice of the Supreme Court of 
New Hampshire. Mr. Betton died in Boston November 19, 1856. 

George E. Betton, son of Ninian C. and Wealthy Johnson (Betton) Betton, was 
born in Hanover, N. H., November 28, 1821, and was educated at Dartmouth. He 
studied law in Boston with his father, and was admitted to the bar in Boston October 
6, 184(i. He is chiefly engaged in patent cases. He is unmarried and lives in 
Boston. 

[ames L. English, son of Thomas and Penelope (Bethune) English, was born in 
that part of Cambridge which is now Brighton, November*), 1806. He was educated 
at the school of George Ripley in Waltham, and at Harvard, where he graduated in 
L827. After leaving college he was for a time private secretary of William H. Pres- 
cott, the historian, and studied law with Judge William Prescott. He was admitted 
to the bar in Suffolk in 1830, and in Middlesex in October, 1833, and was many years 
a partner of William Howard Gardiner. After admission to the bar he lived in Boston 
till 1*63, then in Cambridge till 1868, and then at Jamaica Plain, where he died 
February 9, 1883. He married, September 13, 1841, Mary Elizabeth, daughter of 
David Steele of Goffstown, X. H. 

James S. English, son of James L. and Elizabeth (Steele) English, was born in 
Boston March 6, 1844, and graduated at Harvard in 1867. He studied law with his 
father, and was admitted to the bar in Boston, where he now lives, September 11, 
1870. 

Patrick H. Cooney, son of Lawrence and Catherine Cooney, w r as born in Stock- 
bridge, Mass., December 20, 1845, and was educated at the Natick High School and 
the West Newton English and Classical School. He studied law with John W. Bacon, 
of Natick, and was admitted to the bar in Boston, November 24, 1868. He lives un- 
married in Natick. 

Francis O. Dork was born in Boston September 21, 1805, and fitted at the Boston 
Latin School for Harvard, where he graduated in 1825. After graduation he taught 
a private school in Plymouth two years, and was admitted to the liar in Boston in 
April, 1S30. He began practice in Boston, soon moved to Pittsfield, thence in 1833 
to Troy, and finally to New York, where he continued in practice until 1856, when 
he moved to Fort Madison, ( ). In i871 lie returned to Troy and continued in practice 
until 1886. He died at Lansingburg, N. Y., in March, 1892. 

Josiah W. Hubbard was born in Springfield, Vt., and studied law at the Harvard 
Law School and in the offices of Governor Colby of Newport, N. H., and O. P. Chan- 
dler of Woodstock, Yt. He was admitted to the bar in Boston in December, 1850, 
and for a time was associated in business with Isaac Story. He continued in prac- 
tice in Boston until his vacation in the summer of 1892, when he died in his native 
town on the Kith of September, in that year. 




/ I n /^J £ /i<-rvi A-^ 



BIOGRAPHICAL REGISTER. i S7 

Frederick Augustus Farley was born in Boston June 25, 1800, and graduated at 
Harvard in 1818. He studied law and was admitted in Boston to the Common Pleas 
Court October 19, 1821, and to the Supreme Court in 1824. After practicing law a 
year or two in Boston he entered the Harvard Theological School, from which he 
graduated in 1818. In 1818 he was settled over one of the Unitarian churches in Provi- 
dence, R. I., immediately after leavingthe Divinity school, and in 1841 was installed over 
the Church of Our Saviour in Brooklyn, N. Y., where he remained twenty-two years. 
After his retirement from clerical service he engaged in literary work and was the 
author of " Unitarianism in the United States," " Unitarianism Denned" and a 
"History of the Brooklyn and Long Island Sanitary Fair of 1864." He married 
Jane Sigourney in Boston in 1830. 

Samuel W. Clifford, son of Samuel W. and Mary A. Clifford, was born in Boston 
July 29, 1845. He received his early education at the Boston Latin School and from 
Dr. E. R. Humphreys as a private tutor, and graduated at Trinity College, Hart- 
ford, Conn., in 1868. He studied law with Robert S. Hart, Mount Kisco, N. Y., and 
was admitted to the bar in Brooklyn, N. Y. , in December, 1869, in Boston in October, 
INTO, to the United States Supreme Court May 3, 1878, and to the United States 
Circuit Court, Mass. Dist. , December 2, 1878. Among the important cases in which 
he has been counsel may be mentioned the Commonwealth vs. Thomas R. Smith for 
murder in 1886. He married Myra A. Fiske, of Cleveland, O., August 10, 1889, and 
.lives in Boston. 

Samuel Adams Dork, son of Ebenezer Dorr, was born in Medfield, July 1, 1775, and 
graduated at Harvard in 1795. He studied law with James Sullivan, and at a meet- 
ing of the Suffolk bar July 9, 1798, on motion of William Sullivan, it was voted to 
recommend him for admission to the Court of Common Pleas, and he was admitted 
accordingly. He abandoned the law and engaged in business, and died in Boston 
February 25, 1855. 

William Henry Clifford, son of Nathan and Hannah (Ayer) Clifford, was born in 
Newfield, Me., in 1839, and graduated at Dartmouth in 1858. He studied law 
with George F. Shepley in Portland, and with Benjamin R. Curtis in Boston, and 
was admitted to the bar in Portland and Boston. He has been United States com- 
missioner in the Maine district, and is the author of four volumes of Clifford's Reports 
for the First United States Circuit. He married Ellen E. Brown at Portland in 1866, 
and practices in Portland where he resides, and also in Boston. 

William Choate, son of Frederick W. Choate, was born in Beverly and graduated 
at Harvard in 1881. He read law with his father, and was admitted to the bar in 
Boston in 1885. In 1SS8 he became associated with William F. Dana in Boston un- 
der the firm name of Choate & Dana. He was several years a member of the 
Beverly School Board, and the founder of the Beverly Co-operative Bank. While on 
his way to the Bermudas he was taken sick in New York and died at St. Luke's 
Hospital, in that city, in the early part of February, 1892. 

Asaph Churchill, a descendant of John Churchill, who settled in Plymouth in 
1643, and a son of Zebidee and Sarah (Cushman) Churchill, was born in Middleboro, 
Mass., May 5, 1765, and graduated at Harvard in 1789. He studied law in Boston 
with John Davis, and was admitted to the Suffolk bar in 1793. He was a member of 



i 5 8 HISTORY OF THE BENCH AND BAR. 

the Massachusetts House of Representatives from 1810 to 1812. He married Mary, 
daughter of Dr. Edward and Mehitable (Blodgett) Gardner, of Charlestown, and died 
in Milton June 30, 1841. 

Asaph Churchill, son of the above, was born in Milton April 20, 1814, and grad- 
uated at Harvard in 1831. He studied law with his father and at the Harvard Law 
School, and was admitted to the bar in Norfolk county in 1834. He was a member 
of the Senate from Norfolk county in 1857. He married first Mary Buckminster, 
daughter of Darius and Harriet (Buckminster) Brewer in Dorchester, May 1, 1838, 
and second, June 2, 1862, Mary Anne Ware, of Milton. He died in Milton, November 
29, 1892. 

Joseph Green Cogswell, son of Francis and Anstiss (Manning) Cogswell, was born 
in Ipswich, Mass., September 27, 1786. He was fitted for college at the Atkinson 
Academy, N. H., and at Exeter, N. H., and graduated at Harvard in 1806. He 
studied law in Dedham and Boston, and was admitted to the bar in Boston in Jan- 
uary, 1812. He removed to Belfast, Me., and in 1813 was appointed Latin tutor at 
Harvard, where he remained two years. From 1821 to 1823 he was instructor in 
mineralogy at Harvard, and librarian, and from 1823 to 1834 was associated with 
George Bancroft in the management of the Round Hill School at Northampton. 
From 1834 to 1836 he was principal of a Seminary in Raleigh, N. C, and in 1854 was 
appointed librarian of the Astor Library in New York, which position he held until 
1863, when he removed to Cambridge, and there died November 26, 1871. He mar- 
ried Mary, daughter of Governor John T. Gilman, of New Hampshire, April 17, 1812. 

Francis Augustus Brooks, son of Aaron and Abby Bradshaw (Morgan) Brooks, 
was born in Petersham, Mass., May 23, 1824. He fitted for college at the Leicester 
Academy and graduated at Harvard in 1842, the youngest member of his class. He 
studied law at the Harvard Law School and in the offices of his father in Petersham, 
and of Aylwin & Paine in Boston, and was admitted to the bar in Worcester 
county in 1845. He remained in Petersham until 1848, when he removed to Boston 
and soon entered upon an active and lucrative practice. He has been president of 
the Vermont and Canada and the Nashua and Lowell Railroads, and has been of 
counsel in important railroad suits, among which are those with the Vermont 
Central Railroad in Vermont, and the Boston and Lowell Railroad, which, after 
ten years' litigation in the Massachusetts and United States Courts, are still 
unfinished. Together with his legal pursuits he studies and investigates the 
various questions which from time to time occupy the public mind, and has 
found time to elaborate and publish his views. In 1890 he published a pam- 
phlet, entitled "Political and Financial Errors of our Recent Monetary Legis- 
lation," and in L891 another in criticism of the Legal Tender decisions of the Su- 
preme Court. His contributions to the daily journals have been numerous, and those 
especially on the Force Bill have attracted attention. As a lawyer he is keen, skill- 
ful and persistent, and as a writer, clear, forcible and convincing. He married at 
Groton, Mass., September 14, 1847, Frances, daughter of Caleb and Clarissa (Var- 
num) Butler. Aaron Brooks, the father of Mr. Brooks, was a graduate of Brown 
University in 1817, a leading lawyer of Worcester county, and a representative to 
the General Court in 1834-35. Mr. Butler, the father of Mrs. Brooks, was a gradu- 
ate at Dartmouth in 1800, a lawyer hy profession, principal of the Groton Academy 
eleven years, postmaster thirteen years, and the author of a history of Groton. 



BIOGRAPHICAL REGISTER. i 59 

Albert D. Bosson, son of George C. and Mary Jane (Hood) Bosson, was born in 
Chelsea, November 8, 1853. He was fitted for college at the Chelsea High School 
and at Phillips Exeter Academy, and graduated at Brown University in 1.S75. He 
studied law in Boston in the office of Brooks, Ball & Storey and at the Boston Uni- 
versity Law School, and was admitted to the Suffolk bar February 18, L878. He was 
special justice of the Chelsea Police Court from 1882 until he was appointed justice in 
September, 1892. He was mayor of Chelsea in 1891 and has been, or is now, presi- 
dent of the County Savings Bank of Chelsea, vice-president of the Winnisimmet Na- 
tional Bank, and treasurer of the Gloucester Street Railway Company. He married 
at Chelsea, where he lives, Alice Lavinia, daughter of C. A. Campbell, May 18, 1887. 

John McLean Bethune was born in Boston September 12, 1815, and graduated at 
Harvard in 1832. He was admitted to the bar in October, 1835, and died in Boston 
in February, 1873. 

Josiah Henry Benton, jr., son of Josiah Henry and Martha Ellen (Danforth) Ben- 
ton, was born in Addison, Vt, August 4, 1843. He was educated at the academy in 
Bradford, Vt. , and at the Literary and Scientific institution of New London, N. H. 
During the war of 1861 he served in the Twelfth Vermont Regiment of Volunteers. 
He studied law with Roswell Farnham, of Bradford, Vt., and at the Albany Law 
School, from which he graduated in 1866. He was admitted to the bar in Albany, 
May 5, 1866, and afterwards in Massachusetts. He was assistant clerk and clerk of 
the New Hampshire House of Representatives from 1868 to 1871, and has been di- 
rector of the Northern Railroad in New Hampshire from 1878 to the present time. He 
has been general counsel of the Old Colony Railroad since 1878 and connected with 
all the important railroad litigation in New Hampshire for the past ten years ; also 
counsel for the Western Union Telegraph Company in its suits against the Bell Tele- 
phone Company, and engaged in other important corporation suits. He has made 
constitutional arguments before the Supreme Court of New Hampshire on the char- 
acter and limitations of the Executive Veto Power, and before the governor of 
Massachusetts on the question of what constitutes a fugitive from justice under the 
extradition clause of the United States Constitution. During the last six years he 
has lectured in the Boston University Law School on ' ' Corporation and Railroad 
Law," and is the author of pamphlets on " Inequality of Tax Valuation in Massa- 
chusetts," the " British Post-office," " Points in Vermont History," and "The Veto 
Power — What is it ?" He married Mary Elizabeth Abbot at Concord, N. H., Sep- 
tember 3, 1875, and lives in Boston. 

Arthur James McLeod, son of James B. and Ann (Smith) McLeod, was born in 
Brookfield, Queen's county, Nova Scotia, and was educated atGoreham College. He 
graduated at the Harvard Law School in 1870, and was admitted to the bar in Bos- 
ton in May of that year. He has been commissioner of the Supreme Court of Nova 
Scotia and is engaged in Boston, where he lives, in general practice. He married in 
Nova Scotia, Eunice Waterman. 

Arthur F. Means, son of John W. and Sophia Ronmey (Wells) Means, was born 
in Boston September 17, 1857, and studied law at the Boston University Law School 
and in the office of Charles T. Gallagher. He was admitted to the bar in Boston in 
September, 1879. He was in the Boston Common Council in 1881, representative in 



160 HISTORY OF THE BENCH AND BAR. 

L882 3, and is president of the Alumni of the Boston University Law School. He is 
engaged in equity, insolvency and general practice. He married Katie A. Snow, 
April 13, 1**1, in Boston, where he resides. 

John McKinstry Merriam, son of Adolphus and Caroline (McKinstry) Merriam, 
was born in Southbridge, Mass., September 20, 1862, and graduated at Harvard in 
1886. He studied law at the Harvard Law School and in the office of George F. 
Hoar, of Worcester, and in that of Shattuck & Munroe, of Boston, and was admit- 
ted to the bar in Boston in July, 1890. He has been clerk of the committee of the 
United States Senate on Privileges and Elections. He married Annie Chapman 
Davenport, February 4, 1888, and has his home in South Framingham. 

Pliny Merrick, son of Pliny and Ruth (Cutter) Merrick, was born in Brookfield, 
August 2, 1704. He fitted for college at Leicester andMonson academies and gradu- 
ated at Harvard in 1814. He studied law with Levi Lincoln in Worcester, and was 
admitted to the Worcester county bar in September, 1817. He practiced in Swan- 
sea and in Taunton, where he was a partner of Marcus Morton, senior, and in 1824 
went to Worcester and was district attorney there until 1843. He was appointed in 
1850 judge on the bench of the Common Pleas Court, and in 1853 an associate justice 
on the bench of the Supreme Judicial Court. While on the bench he removed to 
Boston, and in 1804 resigned his seat. In 1853 he received the degree of LL.D. 
from Harvard and was an overseer of that college from 1852 to 1856. He was senior 
counsel, with Edward D. Sohier his junior, for John W. Webster, in his trial for 
murder. He married Mary Rebecca, daughter of Isaiah Thomas, and died in Boston 
February 1, 1867. 

J wiks Cushing Merrill, son of Rev. Giles and Lucy (Cushing) Merrill, was born 
in Haverhill, Mass., September 27, 1784, and fitted for college with his father and at 
Phillips Exeter Academy. He graduated at Harvard in 1807, and studied law with 
John Varnum, of Haverhill, and was admitted to the bar of Essex county, at Salem, 
in September, 1812, and to the Suffolk county bar in March, 1815. He occupied a 
prominent position many years as a lawyer in Boston and was appointed, February 
19, 1834, justice of the Boston Police Court, a position which he resigned in 1852. He 
was a member of the Senate and House of Representatives at various times, a mem- 
ber of the Massachusetts Historical Society, and a Greek scholar of high attainments. 
lie married November 28, 1820, Anna, daughter of Dr. Nathaniel Saltonstall, of 
Haverhill, and died in Boston, October 4, 1853. 

Mood's Merrill, son of Winthrop and Martha (Noyes) Merrill, was born in Camp- 
ton, X. II., June 27, 1836, and was educated at the public schools and at the Thet- 
ford, Vt., Academy. He studied law with William Minot in Boston, and was ad- 
mitted to the Suffolk bar January 7, 1863. He was a member of the Massachusetts 
House of Representatives from 1869 to 1871, a senator in 1873-4, a member of the 
Boston school board from 1868 to 1874, and president of the Highland Street Railway 
from 1872 to 1887, when it was consolidated with the West End Railway. He was 
counsel for John Moran, indicted for murder in 1867. He married Martha M. Bur- 
gess in Boston in 1869, and lives in the Highland District of Boston. 

Xi in mi \n Thomas Merritt, Jr., son of Nehemiah Thomas and Mary E. Merritt, 
was born August 21, 1859, and was educated at the Boston Latin School. He studied 



BIOGRAPHICAL REGISTER. 161 

law in the office of his brother, William F. Merritt of Boston, and was admitted to 
the Suffolk bar June 13, 1881. He has been clerk of the Municipal Court of the 1 >or- 
chester District of Boston, where he lives unmarried, since May 1, 1885. 

William Frederick Merritt, son of Nehemiah Thomas and Mary E. Merritt, was 
born in Belfast, Me., January 10, 1853. He was educated in the public schools of 
Boston and Belfast and at the University of Vermont. He studied law in Boston with 
Horace G. Hutchins, and was admitted to the Suffolk bar Jul}- 6, 1874. He is un- 
married and lives in the Dorchester District of Boston. 

Henry Clifford Meserve, son of Joseph M. and Martha C. Meserve, was born in 
Augusta, Me. , April 6, 1858, and was educated at Tufts College, from which he grad- 
uated in 1881. He studied law in the Boston University Law School and in Boston 
with Henry W. Paine, and was admitted to the Suffolk bar in October, 1884. He is, 
or has been, assistant clerk of the Supreme Court in Suffolk county, and lives unmar- 
ried in the Roxbury District of Boston. 

Joshua Howard Millett, son of Rev. Joshua and Sophronia (Howard) Millett, was 
born in Cherryfield, Me., March 17, 1842, and was educated at Waterville College, 
now Colby University, Me. He studied law with Isaac F. Redford and William A. 
Herrick in Boston, and was admitted to the Suffolk county bar December 15, L870. 
He became a member of the firm of Redfield, Herrick & Millett, and so continued 
until the death of Judge Redfield in 1876. In Maiden, where he resides, he has 
been a member of the School Board, trustee of the Public Library, representative to 
the General Court in 1884-85, and president, since 1875, of the Crosby Steam Gauge 
and Valve Company in Boston. He married in 1867 at Dorchester, Rosina Maria 
Tredick. 

Arthur N. Milliken, son of Ebenezer C. and Charlotte J. Milliken, was born in 
Boston February 8, 1858, and fitted for college at the Boston Latin School, graduat- 
ing at Amherst in 1880. He studied law in the Boston University Law School in the 
class of 1883, and was admitted to the Suffolk bar in April of that year. He married 
Mabel M. Marsh June 9, 1888, in Boston, where he now lives. 

Thomas Letchford, with the exception of Thomas Morton, was the first trained 
lawyer in Massachusetts. He came from England in 1637, and after four years' res- 
idence returned in 1641, and became a member of Clements Inn. On his return he 
published a book called "Plain Dealing, or News from New England," which con- 
tains much interesting matter concerning the condition of the colony at the time of 
his visit. It is now a rare work only found on the shelves of a few libraries and bibli- 
ographers. 

Thomas Morton came to New England in 1625, but was sent back by the few col- 
onists then here in 1628. He returned in 1643, but owing to his misconduct he was 
obliged to retire beyond the limits of the Massachusetts colony, and finally died at 
Acomenticus, old and partially insane. 

John Winthrop was born at Groton, England, January 22, 1588, and was the son 
of Adam and Anne (Browne) Winthrop. He spent two years at Trinity College, and 
married April 26, 1605, Mary, daughter of John Forth, of Great Stambridge, who, 
after the birth of six children and eleven years of married life, left him a widower. 
A second wife died a year and a half after marriage, and in 1618 he married for a 
21 



1 62 HISTORY OF THE BENCH AND BAR. 

third wife Margaret, daughter of Sir John Tyndal, of Great Maplested. He was 

many vtars in the profession of law, and in 1682 was admitted to the Inner Tem- 
ple. It is unnecessary to trace the career of a man of whom so much has been said 
and written. It is sufficient to say that his place in this register is due to the fact that 
from 1630 to 1633, and in the years Kv>7, '38, '39, '42, '4:!, '46, '47, '48 he was the 
governor of the Massachusetts Colony, in 1636, '44, '45 deputy governor, and that in 
1634, '35, '40, '41 he was one of the assistants, and thus connected with the judiciary 
of the colony. He died in Boston March 26, 1649. 

foHN Winthrop, jr., son of the above, was born in Groton Manor, on February 12, 
1606. He was educated at Bury St. Edmund's School and Trinity College, Dublin 
and entered the Inner Temple in 1628. He came to Massachusetts in 1631 and was 
one of the assistants of the Colony from 1632 to 1649 inclusive. In 1650 he moved to 
Connecticut and in 1657 was made governor of that Colony, holding the office con- 
tinuously, excepting one year, until his death, which occurred in Boston while there 
on public business, April 5, 1676. He married Martha, daughter of Thomas Fones, 
of London, in 1631, and in 1635, Elizabeth, daughter of Edmund Reade, of Wickford, 
England. 

Wait Still Winthrop, son of John Winthrop, the governor of Connecticut and 
grandson of John the governor of Massachusetts, was born in Boston February 27, 
1642, and went with his father to Connecticut in 1650, returning in 1687, and was ap- 
pointed judge of the Supreme Court of Judicature December 23, 1692, and chief jus- 
tice in 1701, resigning the same year to become an agent of the province. In 1708 he 
was again appointed chief justice, and died in Boston November 7, 1717. 

Robert Charles Winthrop, son of Thomas Lindall and Elizabeth Bowdoin (Tem- 
ple) Winthrop, was born in Boston, May 12, 1809, and graduated at Harvard in 182s. 
He studied law with Daniel Webster and was admitted to the bar in Boston in Octo- 
ber, 1831. He was in his early career a member of the Massachusetts House of Rep- 
resentatives six years, three of which he was speaker, and ten years a member of 
the United States House of Representatives, two of which he was speaker. In 1850 
he was United States Senator by appointment to fill a vacancy. Until his recent 
resignation he was many years president of the Massachusetts Historical Society. He 
is one of the counsellors of the George Peabody benefaction, and since his retirement 
from active political life has enhanced a reputation, already brilliantly won, by ora- 
tions and addresses, which on various public occasions he has been called on to de- 
liver. Among them the most notable have been his Pilgrim Anniversary oration at 
Plymouth, December 21, 1870, the Boston Centennial oration, July 4, 1876, the Corn- 
wallis oration at Yorktown in 1881, and his oration at the dedication of the Washing- 
ton Monument in Washington. He received the degree of LL.D. from Harvard in 
1855 and from Bowdoin in 1849, and from Cambridge, England, in 1874. He mar- 
ried first March 12, 1832, Eliza Cabot Blanchard, second, November 6, 1849, Laura 
(Derby) Wells, daughter of John Derby and widow of Arnold Wells, and third Adele 
(Granger) Thayer, daughter of Francis Granger, of Canandaigua, N. Y., and widow 
of John E. Thayer of Boston. 

Adam Winthrop, son of Adam and great-grandson of Gov. John Winthrop, was 
born in Boston and graduated at Harvard in 1694. He was a delegate from Boston 
in the ( ieneral Court and was appointed judge of the Inferior Court of Common Pleas 
December '29, 1 715, holding the office until 1741. He died October 2, 1743. 





l^fct^ 






BIOGRAPHICAL REGISTER. 163 

Thomas Dudley was born in Northampton, England, in 1576, and came to New 
England in 1630 as deputy governor of the Colony, and continued in that office until 

1634, when he was governor, and held that position also in 1640-1645 and L650. In 
1637, '38, '39, '46, '47, '48, '51, '52 he was again deputy governor, and assistant in 

1635, '36, '41, - 42, '43, '44, and died July 31, 1653. 

John Haynes was born in Essex, England, and settled in Cambridge in 1633. In 

1634 and 1636 he was an assistant and in 1635 governor. In 1636 he removed to 
Connecticut and was repeatedly chosen governor of that Colony. He died at Hart- 
ford, Conn., March 1, 1654. 

Henry Vane, son of Sir Henry Vane, was born in Hadlow, England, in 1612. In 

1635 he came to Massachusetts. In 1636 he was governor of the Colony and in 1637 
returned to England, where he was a member of Parliament in 1640. After the 
death of Cromwell he was again a member, and on the restoration was tried for 
treason and beheaded June 14, 1662. 

Richard Bellingham, a lawyer by profession, was born in England in 1592, and 
came to Massachusetts in 1634. He was deputy governor in 1635, Kilo, 1653 and 1655 
to 1664, and governor in 1641, 1654, and 1665 to 1672, and assistant in 1636-39, 1642- 
52. He died December 7, 1672. 

John Endicott was born in Dorchester, England, in 1590. He came to Salem in 
1628 as local governor and surrendered his position and authority to Winthrop on his 
arrival with the charter of the Colony in 1630. He was governor in 1629, 1644, 1649, 
1651, 1655; deputy governor in 1641-43, 1650 and 1654, and assistant in 1630-34, 
1636-40, 1645-48, and died March 15, 1655. 

John Leverett, son of Thomas Leverett, was born in England in 1016, and came 
to Boston in 1633. He was employed in a military capacity for a time, was speaker 
of the House of Deputies and major general of the Colony. He was governor of the 
Colony from 1673 to 1678; deputy governor in 1671-72, and assistant in 1665-70. He 
died March 16, 1679. 

Simon Bradstreet was born in Horbling, England, in 1603, and received a part of 
his education at Emanuel College, Cambridge. He came to Massachusetts in 1630. 
He married in England a daughter of Governor Dudley, and for a second wife a 
daughter of Emanuel Downing. He lived in Ipswich, Andover, Boston, and finally 
Salem, where he died in 1697. He was governor from 1679 to 1692, exclusive of the 
period covered by the administration of Dudley and Andros, secretary in L630, and 
assistant from 1630 to 167s. 

Alfred Hemenway, son of Fisher and Elizabeth J. Hemenway, was born in Hop- 
kinton, Mass., and graduated at Vale College in 1861. He studied law at the Harvard 
Law School and was admitted to the Suffolk bar July 13, 1863. He has been offi 
a seat on the Supreme Bench by both Governor Ames and Governor Brackett, but 
he declined it. He is associated in business with ex-Governor John D. Long. He 
married at Detroit, Mich., October 14, 1871, Myra L. MeLanathan, and lives in 
Boston. 

John Herbert, son of Samuel and L. Maria (Darling) Herbert, was born in W 
worth, N. H., November 2, 1849. He was fitted for college at the English High 
School in Boston and graduated at Dartmouth in 1871. He studied law in Rummy, 



164 HISTORY OF THE BENCH AND BAR. 

X. H., with his father, and was admitted to the bar in Plymouth, N. H., in 1875, and 
in 1879 or 1880 to the Suffolk bar. He is, or has been, president of the Appleton 
Academy Association, secretary and first vice-president of the Mystic Valley Club, 
treasurer and director of the Citizen Publishing- Company, president of the 15. F. 
Cowdrey Company, director of the Merchants Co-operative Bank and of the Globe 
Investment Company. He has been the editor of 'Tin- Dartmouth and a frequent 
contributor to the daily journals. He married Alice C: Guy at Peacham, Vt., August 
1, 1872, and lives at Somerville. 

Robert F. Herrick, son of Frederick C. and Josephine C. Herrick, was born in 
Medford, Mass., August 8, 1866, and graduated at Harvard in 1890. He studied law 
in the Boston University Law School and in the offices of J. B. Richardson and 
George L. Huntress, and was admitted to the Suffolk bar in January, 1888. His 
residence is in Boston. 

Henry Edson Hersey, son of Stephen and Maria (Lincoln) Hersey, was born in 
Hingham, May 28, 1830, and fitted at the Derby Academy for Harvard, where he 
graduated in 1850. He studied law in Charlestown, N. H., with Edmund Lambert 
dishing and in Boston with Peleg W. Chandler and John P. Putnam, and was ad- 
mitted to the Suffolk bar September 15, 1854. He practiced in Boston and Hingham. 
He married, March 20, 1856, Catharine, daughter of Colonel H. H. Sylvester, of 
Charlestown, N. H., and died in Hingham, February 24, 1863. 

Ira Charles Hersey, son of David and Eliza Fitz Hersey, was born in Foxboro', 
Mass., March 17, 1859. He was educated at the public schools and graduated at 
Brown University. He studied law in the office of Frederick D. Ely and at the Bos- 
ton University Law School, and was admitted to the bar in Boston in October, 1886. 
His home is in Foxboro'. 

Francis Snow Hesseltine, son of Peter Hale and Sarah Snow Hesseltine, was born 
in Bangor, Me., December 10, 1833, and educated at Waterville Academy and at 
Waterville College, now Colby University. He studied law with Judge Fox in Port- 
land, Me., and was admitted to the bar in Augusta in October, 1865. After admis- 
sion he moved to Savannah, Ga. , where he practiced law and was register in 
bankruptcy until 1870, when he was, admitted to the bar in Massachusetts, and 
opened an office in Boston. He was married in Waterville, Me., in 1861, and lives 
in Melrose. 

John Joseph Higgins, son of Michael and Sabina (Patten) Higgins, was born in 
Boston May 17, 1865, and was educated at Phillips Exeter Academy. He studied law 
with Oilman Marston and E. G. Eastman, of Exeter, N. H., and graduated at the 
Harvard Law School in 1890. He was admitted to the Suffolk bar January 18, 1890, 
and lives in Somerville. 

Richard Hildreth, son of Rev. Hosea and Sarah (McLeod) Hildreth, was born in 
Deerfield, Mass., June 28, 1807, and was fitted at Phillips Exeter Academy for Har- 
vard, where he graduated in 1826. He studied law with Theophilus Parsons, and 
was admitted to the Suffolk bar in October, 1830. He began practice in Newbury- 
port and moved to Boston, where from July, 1832, to October, 1834, he was the editor 
of the Boston Atlas, and its correspondent from May, 1836, to November, 1839. In 
1840 he went to Demerara, and in 1849 and the three succeeding years his history of 



Biographical register. ^5 



the United States was issued from the press. He was afterwards connected with the 
New York Tribune, and in 1861 was appointed consul at Trieste, a position which 
he held until his death, which occurred in Florence, Italy, July 11, 1865. IK- married 
Caroline Neagus, of Deerfield, June 7, 1844. 

David Armstrong Hincks, son of E. Franklin and Martha J. Hincks, was born in 
Mansfield, Mass., June 8, 1857, and was educated at the public schools. He read 
law in the office of E. F. Johnson, of Marlboro', Mass., and at the Boston University 
Law School, from which he graduated in 1885. He was admitted to the Suffolk bar 
in 1885. He is unmarried and lives in Somerville. 

George Clarendon Hodges, son of Edward Fuller and Anne Frances (Hammatt) 
Hodges, was born in Boston October 14, 1N57, and fitted at the Boston Latin School 
for Harvard, where he graduated in 1879. He studied law in New York with Lvarts, 
Southmayd & Choate and at the Harvard Law School, and was admitted to the 
Suffolk bar in February, 1883. His residence is in Lincoln. 

George Foster Hodges, son of Almon Danforth and Martha (Comstock) Hodges, 
was born in Providence R. I., January 12, 1837, and graduated at Harvard in 1855. 
He studied law with Peleg W. Chandler and at the Harvard Law School. He en- 
listed for three months in the Charlestown City Guards at the opening of the war of 
1861, and was afterwards adjutant of the Eighteenth (three years) Massachusetts 
Regiment. He died unmarried at Hall's Hill, near Washington, January 30, 1862. 

Moses Holbrook, son of Oren and AVillebe Holbrook, was born at Stratford, X. 
H., November 17, 1844, and was educated at the Lancaster, N. H., Academy. He 
read law with Henry W. Bragg in Charlestown, Mass., and at the Law School of the 
University of Michigan, and was admitted totne Middlesex county bar in June, 1871. 
He married at Boston in 1874 Emma C. Talpy, and lives in Maiden. 

Frank G. Holcombe, son of Franklin and Mary (Gibbons) Holcombe, was born in 
Southwick, Mass., December 26, 1852, and was educated at the public schools, at 
Wilbraham Academy and Wesleyan University. He studied law in the office of 
Whitney cV- Dunbar, of Westfield, Mass., and at the Boston University Law School, 
and was admitted to the Suffolk bar in July, 1879. He married Inez Maynard 
December 25, 1879, at Northboro', Mass., and lives in Winchester. 

Willie Perkins Holcombe, son of Walter C. and Abigail J. (Perkins) Holcombe, 
was born in Sunderland, Vt, August 19, 1861, and was fitted at the Westfield High 
School for Amherst, where he graduated in 1883. He studied law with Leonard & 
Wells in Springfield, Mass., and in the Boston University Law School, and was ad- 
mitted to the Suffolk bar in June, 1886; he lives in Boston. 

Henry Ware Holland, son of Frederic May and Harriet (Newcomb) Holland, was 
born in Rochester, N. Y., March 20, 1844. He was educated by a tutor and at a pri- 
vate school, and studied law at the Harvard Law School and in Boston in the offices 
of George S. Hale, Albert G. Browne and William E. Parmenter, and was admitted 
to the bar in Boston February 12, 1869. Mr. Holland has been on the editorial 
staff of the Boston Daily Advertiser, the Boston Transcript and Outing, one o\ 
the editors of "Bennett's and Holland's Digest," contributor to the New York 
Nation, and was the author of "William Dawes." He is unmarried, and lives in 
Boston. 



1 66 HISTORY OF THE BENCH AND BAR. 

Elmer Parker Howe, son of Archelaus and M. H. Janette (Brigham) Howe, was 
born in Westboro November 1, 1851, and was educated in the Worcester Polytechnic 
School, class of 1871, and at Yale College, class of 1876. He read law with Hillard, 
II vde & Dickinson in Boston and at the Boston University Law School, and was 
admitted to the Suffolk bar in September, 1878; he was associated with the firm of 
Hyde, Dickinson & Howe until 1849. He makes patent law a specialty. 

William Everett Hutchins, son of William and Mary Stearns Hutchins, was born 
in Cambridge, Mass., January 13, 1858, and fitted at the piiblic schools for Harvard, 
where he graduated in 1879. He read law in Boston with William Gaston and was 
admitted to the Suffolk bar in June, 1882. He has been a member of the Cambridge 
city government, was married in 1882 and lives in North Cambridge. 

Freedom Hutchinson, son of Edwin F. and Elizabeth Ann (Flint) Hutchinson, was 
born in Milan, N. H., August 6, 1847, and was educated at the Nichols Latin School 
and Bates College, Lewiston, Me. He read law with Hutchinson & Savage in Lewis- 
ton and was admitted to the bar in Auburn, Me., in April, 1876, and in Boston, May 
9, 1876. He married Abbie Laighton Butler in Boston, February 15, 1886, and lives 
in Boston. 

Fred Jotham Hutchinson, son of Jotham P. and A. Elizabeth Hutchinson, was 
born November 27, 1856, and fitted at the Nashua High School for Dartmouth, where 
he graduated in 1876. He studied law with N. B. Bryant and C. W. Bartlett in Boston, 
and at the Boston University Law School, and was admitted to the Suffolk bar June 
28, 1882. He has taken an active interest in military affairs and is an officer in the 
Ancient and Honorable Artillery Company. He married E. Gertrude Denison in Bos- 
ton, June 28, 1884, and lives in Hyde Park. 

Eben Hutchinson, son of Eben and Lois W. (Williams) Hutchinson, was born in 
Athens, Me., August 2, 1841, and was educated at the academies in Somerset, Bloom- 
field and Waterville, Me. He studied law with his father and was admitted to the 
bar in Maine in 1862. He enlisted as private in the Twenty-fourth Maine Volunteers 
in the civil war and was promoted through the several grades to the rank of lieutenant- 
colonel. In 1866 he moved to Boston, where he was admitted to the bar on the 9th 
of October of that year, and afterwards settled in Chelsea. In 1874 he was appointed 
special justice of the Chelsea Police Court, and November 6, 1880, standing justice, 
which position he resigned in 1892. In 1875 and four succeeding years he was city 
solicitor, representative in 1878, and senator in 1879-80. He married in Skowhegan, 
Me., November 11, 1863, Rachel W., daughter of Edward C. and Maty R. (Hum- 
phrey) Lane, who died in February, 1880. He married second, August 20, 1882, Abbie 
A. Lane. 

John Sylvester Holmes, son of Rev. Sylvester and Esther (Holmes) Holmes, was 
born in New Bedford in 1822. He studied theology at Andover in 1846, and after- 
wards law, and was admitted to the bar in Boston in June, 1848. He abandoned prac- 
tice in the last years of his life on account of failing health and died in Boston, May 
13, 1892. 

Nathaniel Holmes, son of Samuel and Mary Annan Holmes, was born in Peter- 
boro, N. H., July 2, 1814, and graduated at Harvard in 1837. He was admitted to the 
.Suffolk bar in September, 1839, and moved to St. Louis. He was judge of the Su- 



BIOGRAPHICAL REGISTER. 



167 






preme Court of Missouri from 1865 to 1868, and professor of law in the Harvard Law- 
School from 1868 to 1872. His literary career has been chiefly marked by his elab- 
orate argument in denial of the reputed authorship of what are known as Shake- 
speare's works. After resigning his professorship at Cambridge he returned to St. 
Louis for a time and now resides in Cambridge. 

Edward Otis Howard, son of Cyrus and Cornelia A. (Bassett) Howard, was born 
in Winslow, Me., March 11, 1852, and was educated at Colby University and at Bow- 
doin College, where he graduated in 1874. He studied law with S. S. Brown in W'a- 
terville and Fairfield, Me., and was admitted to the bar in Augusta, .Me., in August, 
1876, and to the Suffolk bar January 17, 1881. He married Dorcas S. Hall at Wins- 
low, Me., September 25, 1878, and lives in the Roxbury District. 

Archibald Murray Howe, son of James Murray and Harriet Butler (Clarke) Howe, 
was born in Northampton, Mass., May 20, 1848, and fitted at the public schools in 
Brookline, Mass., for Harvard, where he graduated in 1869. He studied law at the 
Harvard Law School and in the office of George S. Hillard, of Boston, and was ad- 
mitted to the Suffolk bar in June, 1872. He was a member of the Massachusetts 
House of Representatives in 1891. He married Annie S., daughter of Epes S. Dix- 
well, and lives in Cambridge. 

Charles Franklim Howe, son of James and Sarah B. Howe, was born in Strafford, 
Vt., April 13, 1836, and was educated at the public and private schools in Lowell, 
Mass. He studied law with Brown & Alger in Lowell and was admitted to the Mid- 
dlesex bar in April, 1859. He was register in bankruptcy under the United States 
bankrupt law, and in 1879 an alderman in Lowell. He has been twice married, at 
Lowell, April 3, 1862, and again at Lowell, January 15, 1873. He resides in Boston. 

Isaac Redington Howe, son of David and Elizabeth (Redington) Howe, was born 
in Haverhill, March 13, 1791, and fitted at Phillips Academy for Harvard, where he 
graduated in 1810. He studied law with George Bliss, of Springfield, and William 
Prescott, of Boston, and was admitted to the Essex county bar in 1821. He married 
Sarah, daughter of Dr. Nathaniel Saltonstall, of Haverhill, June 16, 1816, and died 
in Haverhill, January 15, 1860. 

Thomas Hutchinson, son of Thomas, who was a councillor from 1715 to 1739, ex- 
cepting the years 1724 and 1727, was born in Boston September 9, 1711, and gradu- 
ated at Harvard in 1727. He was selectman and representative, lieutenant governor 
and governor of the Province, and from 1761 to 1769 was chief justice of the Supreme 
Court of Judicature. He published a history of Massachusetts up to 1750. In 1774 he 
went to England and died in Brompton, June 3, 1780. He married Margaret San- 
ford, May 16, 1734. 

Increase Nowell was born in England and came to Massachusetts in 1630. He was 
an assistant from the time of his appointment in England in 1629 to 1655, secretary 
of the Colony from 1639 to 1649, and at one time ruling elder of the church in 
Charlestown. He died in Boston, November 1, 1655. 

Samuel Nowell, son of the above, was born in Boston November 12, 1634, and 
graduated at Harvard in 1653. He was an assistant from 1680 to 1686, treasurer of 
Harvard from 1682 to 1686, and went to England as an agent of the Colony in 
1688, and died in London in September of that year. 



1 68 HISTORY OF THE BENCH AND BAR. 

William Pynchon was born in Springfield, England, in 1590, and was one of the 
assistants appointed by the crown. He continued in office until 1636, and served 
again from 1642 to 1650. In 1652 he went to England and died in Wraysbury, October 
29, 16(12. 

Charles Eustis Hubbard, son of Samuel and Mary Ann (Coit) Hubbard, was born 
in Boston, August 7, 1S42, and fitted at the Boston Latin School for Yale College, 
where he graduated in 1862. He studied law at the Harvard Law School and in the 
offices of Dwight Foster and Henry W> Paine in Boston, and was admitted to the 
Suffolk bar Januarv 27, 1866. He married Caroline D. Tracy in Boston in 1872, and 
lives in Cambridge. 

James Humphrey, son of Lemuel and Elizabeth (Jones) Humphrey, was born in 
Weymouth, Mass., January 20, 1819, and was educated at the Derby Academy, at 
Hingham and Phillips Andover Academy. He studied law in Boston with I). W. 
Gooch, and was admitted to the Suffolk bar in 1855. He was a representative in 1852 
and 1869, senator in 1872, county commissioner from 1875 to 1882, and has been jus- 
tice since 1882 of the East Norfolk District Court. He married at Hingham, Decern" 
ber 23, 1860, Susan Humphrey Gushing, and has his residence in Weymouth. 

Charles Phelps Huntington, son of Rev. Dana and Elizabeth W. (Phelps) Hunt- 
ington, was born in Litchfield, Conn., May 24, 1802, and was fitted at the Hopkins 
Academy in Hadley for Harvard, where he graduated in 1822. He studied law at the 
law school in Northampton, and was admitted to the bar in Hampshire county ; he 
began practice in Northampton, but removed to Boston and w r as appointed in 1855 a 
justice of the Superior Court of Suffolk county, which office he held until the court 
was abolished in 1859. He married first Helen Sophia Mills, who died March 3, 
1844, and second, January 2, 1847, Ellen, daughter of David Greenough. 

Winfield Scott Hutchinson, son of Stephen D. and Mary (Atkinson) Hutchinson, 
was born in Buckfield, Me., May 27, 1S45, and graduated at Bowdoin College in 
1867. He studied law at the Harvard Law School and in the office of Peleg W. 
Chandler, of Boston, and was admitted to the Suffolk bar June 10, 1873. He mar- 
ried Adelaide S. Berry, of Brunswick, Me., January 1, 1870, and lives in Newton. 

Henry Dwight Hyde, son of Benjamin D. and Eveline (Wright) Hyde, was born 
in Southbndge, Mass., April 27, 1838, and graduated at Amherst in 1861. He studied 
law at the Harvard Law .School and in the office of George S. Hillard, and was ad- 
mitted to the Suffolk bar January 4, 1864. He married Luran Charles at Brimfield, 
( (ctober 9, 1866, and lives in Boston. 

Louis Fiske Hyde, son of Alvin and Josephine (Manning) Hyde, was born in War- 
ren, Mass., June 20, 1866, and graduated at Harvard in 1887. He studied law at the 
Harvard Law School and in the office of H. D. Hyde, of Boston, and was admitted 
to the Suffolk bar in 1890. He lives in Boston. 

( George Wesi Jackson, son of William F. and Abby C. (West) Jackson, was born in 
Roxbury, Mass. , January 8, 1858, and graduated at Harvard in 1879. He studied law 
at the Boston University Law School and was admitted to the Suffolk bar in 1882. He 
lives in the Roxbury District of Boston. 

Charles W \i i ek J vnes, son of Walter and Catherine C. (Guild) Janes, was born in 
Medfield, Mass., April 2, 1858, and was educated in the English High and other 





Cla^c^cX^C<-^ 




BIOGRAPHICAL REGISTER. 169 

schools in Boston. He read law with Augustus Russ and was admitted to the Suffolk 
bar January 17, 1888. He makes mercantile law a specialty. His residence is in Boston. 

Harry James Jaquith, son of Benjamin F. and Harriet A. Jaquith, was horn in 
Boston, April 14, 1855, apd was educated at the Institute of Technology in Boston. 
He studied law at the Boston University Law School and was admitted to the Suffolk 
bar in 1890. He married Mary A. H. Taylor at Greenfield Hill, Conn., in 1882, and 
resides at YVellesley. 

Eugene M. Johnson, son of George L. and Sarah (Osgood) Johnson, was born in 
Boston, June 4, 1845, and was educated in the Lynn public schools for Harvard, where 
he graduated in 1869. He studied law at the Albany Law School and was admitted to 
the Suffolk bar April 11, 1871. He married Miss Nora J. Brown. 

Henry Augustus Johnson, son of John and Harriet Johnson, was born in Fair- 
haven, Mass., February 17, 1825, and graduated at Harvard in 1844. He studied law 
at the Harvard Law School and was admitted to the Suffolk bar in 1849 or 1850. He 
has held various offices of trust, and contributed frequently to magazines and daily 
journals. He married Elizabeth S. Hitch and lives in Braintree. 

Moses G. Howe, son of Moses and Frances D. Howe, was born in Portsmouth, N. 
H., August 13, 1826, and was educated at the Phillips Andover Academy. He read 
law with IthamerH. Beard in Lowell and was admitted to the bar there July 18, 1851. 
He has been an alderman in Cambridge, where he lives, and married in 1857, at 
Lowell, Lydia W. Varnum. 

William Russell Howland, son of William and Caroline G. (Russell) Howland, was 
born in Lynn, Mass., February 19, 1863, and attended the Lynn High School. He 
entered Harvard, but left college on account of sickness and did not graduate. He 
graduated from the Harvard Law School in 1885, and read law also in the office of 
Morse & Allen in Boston, and was admitted to the Suffolk bar in January, 1886. He 
has been two years a member of the Common Council in Cambridge, where he lives, 
and is now a member of the School Board. 

Edward F. Haynes was born in Boston, February 14, 1858, and attended the pub- 
lic schools and Boston College. He studied law at the Harvard Law School and Bos- 
ton University Law School, graduating from the last in 1882. He was a representa- 
tive in 1884. 

Henry Blatchford Hubbard, son of Samuel and Mary Ann (Coit) Hubbard, was 
born in Boston, January 8, 1833, and fitted at the Latin School for Harvard, where 
he graduated in 1854. He read law with his brother, Gardiner Greene Hubbard, and 
at the Harvard Law School, but may not have been admitted to the bar. He was 
clerk, engineer and treasurer of the Cambridge Water Works until 1859, when he was 
attached to the coast survey as magnetic and astronomic assistant. While visiting 
his brother in Chicago he died there February 13, 1862. 

Samuel Hubbard, born in Boston, June 2, 1785, graduated at Yale in L802. Me first 
practiced in Biddeford, Me., but came to Boston in 1810, and was associated in busi- 
ness with Charles Jackson. In 1842 he was appointed judge of the Supreme Judicial 
Court, and continued on the bench until his death in Boston, December 24, 1847. 

Nathaniel Dean Hubbard, son of Henry and Sally (Dean) Hubbard, was born in 
Charlestown, N. H., January 14, 1821, and fitted for college at Phillips Exeter Acad- 
22 



170 HISTORY OF THE BENCH AND BAR. 

emy and Leicester Academy. He graduated at Harvard in 1840, and after a course 
of study in the Harvard Law School, was admitted to the bar May 10, 1844. In 1852 
he abandoned the law and joined his brother, Aaron D. Hubbard, in the banking 
business in Boston, with the firm name of Hubbard Brothers. He married, April 23, 
isi;:;, Anne B., daughter of Rev. Nathaniel Langdon Frothingham, D. D., and died 
in Boston, October 7, 1865. 

Woodward Hudson, son of Frederic and Eliza Woodward Hudson, was born in 
New York city, January 25, 1858, and graduated at Harvard in 1879. He studied 
law at the Harvard Law School, and was admitted to the Suffolk bar June 22, 1882. 
He married Bessie Van Mater Keyes at Concord, Mass., August 31, 1880, and lives 
in Concord. 

George Lewis Huntress, son of James Lewis and Harriet Paige Huntress, was 
born in Lowell, Mass., April 4, 1848, and was educated at Phillips Andover 
Academy and Yale College, from which he graduated in 1870. He studied law at 
the Harvard Law' School and in the office of Ives <fc Lincoln in Boston, and was ad- 
mitted to the Suffolk bar in June, 1872. He was a member of the Boston Common 
Council in 1881 and 1882. He married Julia A. Poole at Metuchen, N. J., Sep- 
tember 80, 1ST."), and lives in Winchester. 

Frederick Ellsworth Hurd, son of George A. and Laura A. Hurd, was born in 
Wolfboro', N. H., February 25, 1861, and was educated at the Boston Latin School 
and the Boston University. He read law in Boston with John Hardy and Samuel 
J. Elder, and was admitted to the Suffolk bar in June, 1884. He is assistant district 
attorney for Suffolk, and lives in Boston. 

Edward J. Jenkins, son of John and Sabina Jenkins, was born in London, Eng- 
land, December 20, 18,~i4, and coming to America an infant w T as educated in the Bos- 
ton public schools. He studied law in the Boston University Law School, from which 
he graduated in 1880, and was admitted to the Suffolk bar November 30, 1881, and 
to bar of the United States Court December 23, 1881. He has been a member of the 
Boston School Board and w r as a member of the Massachusetts House of Representa- 
tives in 1877-79; he was a commissioner of insolvency from 1879 to 1885, and in 1881 
was the Democratic candidate for clerk of the Superior Civil Court. In 1885-6, '88, 
he was a member of the Boston Common Council, and was its president during the 
whole period of his membership. In 188,") he was trustee of the Public Library and 
in 1887 a member of the Massachusetts Senate. While in the Legislature he was a 
consistent and earnest friend of labor and the laboring man, and supported by speech 
and vote every measure calculated to promote in the highest degree the welfare of 
the Commonwealth. The abolition of the poll tax as a prerequisite for voting, the 
abandonment of the contract system of labor, the regulation of the liabilities of em- 
ployers for compensation for personal injuries of employees, the operation of the 
East Boston ferries by the city, the regulation of the observance of the Lord's day to 
conform to present social conditions, the establishment of Labor Day as a legal holi- 
day, the regulation of the hours of labor, the prevention of fraud at primary meet- 
ings and elections, the creation of a Board of Public Works for the city of Boston, 
the liberal construction of public parks, the preference of discharged soldiers and 
sailors in appointments to office, and generous appropriations for charitable purposes, 
all enlisted his sympathy and secured his support and vote. Mr. Jenkins is in the 
vigor of manhood with a promise of professional and political advancement. 






BIOGRAPHICAL REGISTER. , 7 , 

William Whittem Jenness, son of Joseph and Hannah Whittem, was born in Ports- 
mouth, N. H., August 25, 1861, and was educated at the Pittsfield, X. II., Academy. 
Bates College, Lewiston, Me, and the Boston University Law School. He con- 
tinued his law studies with Thomas Cogswell at Gilmanton, X. H., and was ad- 
mitted to the bar in Concord, N. H., July lit, 1888, and in Boston July 17, 1888. He 
lives in Quincy, Mass. 

Chaki.es Framis Jenney, son of Charles E. and Elvira F. (Clark) Jenney, was 
born in Middelboro', Mass., September 16, 1860, and was educated at the public 
schools and at the Boston University Law School. He further continued his law 
studies in the office of James E. Cotter at Hyde Park, and was admitted to the Nor- 
folk county bar October 4, 1882. He has been representative, trustee of the Public- 
Library in Hyde Park, where he lives, and where he married Mary E. Bruce, < >ctober 
12, 1886. 

Byron B. Johnson, son of Charles and Maria W. Johnson, was horn in Needham, 
Mass., November 30, 1833, and was educated in the Weston public schools, the Law- 
rence Academy at Groton and the Boston Law School, being the oldest member of 
the first class of that school. Subsequently, while pursuing his law studies, he was 
employed for nearly six years as an agent of the State, in caring for all cases of 
juvenile offenders in the courts, and was admitted to the bar in Cambridge, June 25, 
is;:!. From 1861 to '63 he was United States mail agent, and from 1863 to '66 chief 
examiner of returns in the Ordnance Bureau, United States War Department, assist- 
ant State visiting agent from 1869 to '74, town auditor of Waltham, Mass., two years, 
chief deputy United States marshal from 1879 to '83, first mayor of Waltham in INS."), 
member of the Waltham School Board from 1888 to '92, and rechosen in 1892 for three 
years. He is also a trustee of the Waltham Public Library. He married Louisa H. 
Cutter at Weston, Mass., May 4, 1856, and lives in Waltham. 

Edward F. Johnson, son of Noah and Letitia Margaret (Claggett) Johnson, was 
born in Hollis, N. H., October 21, 1842, and was fitted by David Crosby for Dart- 
mouth, where he graduated in 1864. He studied law at the Harvard Law School, and 
was admitted to the bar in Boston, May 11, 1866. He is judge of the Police Court of 
Marlboro'. He married Belle G. Carleton at Lynn, Mass., June 1, 1870, and lives in 
Marlboro'. 

Ralph Edgar Josi.in, son of James Thomas and Annie C. (Burrage) Joslin, was 
born in Marlboro', Mass., August 26, 1864. He fitted at the High and other schools 
of Hudson for Tufts College, from which he graduated in 1886. He read law in the 
office of James T. Joslin in Hudson and graduated at the Boston University Law 
School in 1888. He was admitted to the Suffolk bar in July, 1888. He has been a mem- 
ber of the Hudson School Board since 1890, and practices in Boston and Hudson, a 
member of the firm of J. T. & R. E. Joslin. He is the author of a historical sketch of 
Hudson and other sketches. He married at Hudson, where he lives, Februai 
1892, Fanny Melissa, daughter of George W. and Melissa A. (Metcalf) Davis. 

Fred Joy, son of Albion K. P. and Clara A. Joy, was born in Winchester, Mass., 
July 8, 1859, and graduated at Harvard in 1881. He studied law with Henry W. 
Paine in Boston and at the Boston University Law School, and was admitted to the 
Suffolk bar July 8, 1884. He resides in Winchester. 



1 72 HISTORY OF THE BENCH AND BAR. 

Frank Warton Kaan, son of George and Maria Warton Kaan, was born inMedford, 
September 11, 1861, and was educated in the Somerville public schools and at Har- 
vard in the class of 1883. He graduated also at the Harvard Law School in 1888, and 
was admitted to the Suffolk bar in February, L887. He lives in Somerville. 

I'm rick M. Keating was born in Springfield, Mass., March 15, 1860, and was edu- 
cated at the Houghton Grammar School and at Springfield High School, and at Har- 
vard in the class of 1883. He read law at the Harvard Law School and in the office of 
Thomas ]. Gargan in Boston, and was admitted to the Suffolk bar in 1885. 

Frank Merriam Keezer, son of David and Henrietta Keezer, was born in Jamaica 
Plain, Mass., April 10, 1868, and was educated at the Boston public schools and the 
Boston University. He read law with Wilbur H. Powers in Boston and was admitted 
to the Suffolk bar in January, 1890. He has been assistant clerk of the West Roxbury 
Municipal Court and a contributor of legal articles to magazines and the daily jour- 
nals. He married in West Roxbury, April 29, 1891, Martha M. Whittemore and lives 
in Dorchester. 

Edward Francis Johnson, son of John Johnson, was born in Woburn, October 
22, 1856, and graduated at Harvard in 1878. He studied law at the Harvard Law 
School and was admitted to the Suffolk bar in November 1881. He was the first mayor 
i if Woburn and is justice of the Fourth Eastern Middlesex District Court. He has pub- 
lished a record of Woburn births, deaths and marriages from 1640 to 1872. He mar- 
ried, September 26, 1882, Mary Elizabeth, daughter of Edward and Mary (Tidd) 
Simonds, and lives in Woburn. 

George Tyler Bigelow, son of Tyler and Clara, daughter of Colonel Timothy 
Bigelow, of Boston, was born in Watertown, October 6, 1810, and was fitted at the 
Boston Latin School for Harvard, where he graduated in 1829. After leaving college 
he was nearly a year a private tutor in the family of Henry Vernon Somerville at 
Bloomsbury, Md., and then returned to Watertown, where he read law with 
his father, and was admitted to the Middlesex bar in December, 1833, after a short 
further period of study in the office of Charles G. Loring, of Boston. He began prac- 
tice in Watertown with his father, and remained there eighteen months, moving to 
Boston in June, 1835. In Boston he acquired a fondness for military life, and in May, 
1837, became ensign of the New England Giiards, and afterwards captain and col- 
onel in the Volunteer Militia, which last position he occupied three years. In 1843 
he associated himself in business with Manlius S. Clarke, and in 1844 defended Abner 
Rogers, indicted for the murder of the warden of the State Prison, and secured his 
acquittal on the ground of insanity. He was a member of the Massachusetts House 
of Representatives five years and senator in 1847-8. In 1848 he was appointed by 
Governor George N. Briggs judge of the Common Pleas Court, and in 1850 judge of 
the Supreme Judicial Court. In 1860, on the resignation of Lemuel Shaw, he was 
made chief justice by Governor Nathaniel P. Banks, and occupied that position until 
his resignation in 1868. After his resignation he was chosen actuary of the Massa- 
chusetts Hospital Life Insurance Company, and remained in that office until his 
death, April 12, 1878. He mai-ried, November 5, 1839, Anna, daughter of Edward 
Miller, of Quincy. He received the degree of LL.D. from Harvard in 1853. 

John Chipman Gray, son of William and Elizabeth (Chipman) Gray, was born in 
Salem, December 26, 1793, and graduated from Harvard in 1811, receiving the degree 



BIOGRAPHICAL REGISTER. i 73 

of LL.D. from his alma mater in 1856. He was admitted in Boston to the Common 
Pleas Court July 6, 1815, and to the Supreme Judicial Court in December, 1818. He 
was the Phi Beta orator in 1821, the Fourth of July orator in Boston in 1822, a mem- 
ber of the Common Council from 1824 to 1828, representative in 1828-30, '34, '38-41, 
'4:5-44, '4s, '52, a member of the Executive Council in 1832, a member of the Senate in 
L835-36, 1845-46, a member of the Constitutional Convention of 1853, and an overseer 
of Harvard College from 1847 to 1854. He married Elizabeth Pickering, daughter 
of Samuel P. and Rebecca Russell (Lowell) Gardner, of Boston, and died in Boston 
March 3, 1881. 

Henry Morris, son of Oliver Bliss Morris, was born in Springfield, Mass., in 1814, 
and graduated at Amherst College in 1832. He was'admitted to the bar in 1835, and 
after studying with his father settled in Springfield. In 1855 he was appointed 
judge of the Common Pleas Court and remained on the bench until the court was 
abolished in 1859. He married Mary Warmer May 16, 1887, and died at his home in 
Springfield June 4, 1888. 

Francis Edward Parker, son of Rev. Dr. Nathan Parker, was born in Portsmouth, 
N. H., July 23, 1821, and fitted for college at Phillips Exeter Academy. He graduated 
at Harvard in 1841 and became usher in Boston Latin School. In 1845 he graduated 
at the Harvard Law School, and was admitted to the Suffolk bar November 13, 1846, 
and associated himself with J. Eliot Cabot. He was a member of the Senate in 1S<!5. 
He died January 18, 1886. 

Lucius Manlius Sargent, son of Daniel Sargent, was born in Boston June 25, 
1786. He fitted for college at Phillips Exeter Academy and entered Harvard in 1804. He 
did not graduate with his class, but received in 1842 the honorary degree of Master of 
Arts. He studied law with Samuel Dexter, and was admitted to the Suffolk bar 
March 14, 1815. He published a volume of verse in 1813, and was the author of a 
very interesting series of articles in the Boston Transcript entitled " Dealings with 
the dead, by a sexton of the old school." He married, April 3, 1816, Mary, daughter 
of Barnabas Binney, of Philadelphia, and for a second wife in 1825 Sarah Cutter, 
daughter of Samuel Dunn, of Boston. He died in West Roxbury June 6, 1867. 

Henry Winthrop Sargent, son of Henry Sargent, was born in Boston November 
26, 1810, and graduated at Harvard in 1830. He studied law in Boston and was ad- 
mitted to the Suffolk bar in October, 1833. He moved to New York and entered the 
banking business, retiring in 1839 to his estates on the Hudson, and dying in Fish- 
kill-on-the-Hudson November 10, 1882. 

George Dexter, son of Edmund and Mary Ann (Dellinger) Dexter, of Fulton, <)., 
was born in Fulton July 18, 1838, and graduated at Harvard in 1858. He graduated 
also from the Harvard Law School in 1860, and became a resident graduate at Cam- 
bridge. It is not known with certainty whether he became a member of the liar. In 
May, 1864, he enlisted as a private in the Twelfth Unattached Regiment, in L869 was 
appointed tutor of modern languages at Harvard, and in 1870 steward of the college, 
resigning the next year. He married, September 17, 1868, Lucy Waterston, daughter 
of Charles Deane, of Cambridge, and died at Santa Barbara, December is, 1883. 

George Stillman Hillard, son of John and Sarah (Stillman) Hillard, was born in 
Machias, Me., September 22, 1808, and received his early education at the I >erby Acad- 
emy in Hingham, Mass., and the Boston Latin School. He graduated at Harvard in 



1 74 HISTORY OF THE BENCH AND BAR. * 

1828, and studied law at Northampton and in the Harvard Law School and. in the 
office of Charles P. Curtis, of Boston. He was admitted to the Common Pleas Court 
in April, 1833, and to the Supreme Judicial Court April 3, 1835. He became early in 
his career editor of the Christian Register and of the Jurist. In 1835 he was repre- 
sentative, in the Common Council in 184.V47, and the last two years its president; a 
member of the Senate in 1830, of the Constitutional Convention in 1853 and in that 
year appointed city solicitor, which office he held two years; in 1868 he was appointed 
United States attorney and served till 1871, when he became the senior member of 
the firm of Hillard, Hyde & Dickinson. He was a trustee of the Boston Public Library 
from April 11, 1872, to November 23, 1876; the Boston Fourth of July orator in 1835, 
and the Phi Beta orator in 1843. He received the degree of LL.D from Trinity Col- 
lege in 1857. He married Susan Tracey, daughter of Judge Samuel Howe, of North- 
ampton, and died in Brookline January 21, 1879. 

James Warren, son of James and Penelope (Winslow) Warren, was born in Plym- 
outh September 28, 1 726. He succeeded Dr. Joseph Warren as president of Provincial 
Congress, and was appointed judge of the Supreme Court of Judicature in 177(5, but 
never took his seat. He married in 1754 Mercy, daughter of James Otis, of Barn- 
stable, and sister of James Otis the orator. He died in Plymouth November '.27, lsus. 

Charles Henry Warren, son of Henry and Mary (Winslow) Warren, was born in 
Plymouth, September 29, 1798, and fitted for college at the Sandwich Academy, and 
graduated at Harvard in 1817. He studied law with Joshua Thomas in Plymouth 
and Levi Lincoln, of Worcester, and was admitted to the Plymouth bar. He began 
practice in New Bedford with Lemuel Williams, continuing with Thomas Dawes 
Elliot, and from 1832 to 1839 was district attorney for the five southern counties of 
Massachusetts. In October, 1839, he was appointed judge of the Common Pleas 
Court and resigned in 1844, when he moved to Boston and associated himself in the 
practice of law with Augustus H. Fiske and Benjamin Rand. He remained in practice 
only two years, being engaged during that time in a successful defense of Rev. Joy 
H. Fairchild, indicted and tried for adultery. In 1846 he was chosen president of the 
Boston and Providence Railroad, and resigned in 1867. He was a member of the 
Senate and its president in 1851, and president of the Pilgrim Society from 184."> to 
1852. He married December 27, 1825, Abby, daughter of Barnabas and Eunice 
Dennie (Burr) Hedge, of Plymouth, and died in Plymouth, to which place he moved 
in July, 1871, on the 29th of June, 1874. The writer of this sketch was informed by 
Judge Warren that as a judge he took no notes, and as a lawyer never had a brief, 
and that as district attorney he never lost an indictment, and only in two instances 
failed to convict. His wonderfully retentive memory enabled him to recall with 
verbal accuracy the testimony of witnesses, and to build on it his argument or charge, 
with a readiness which repeated references to notes would have only served to check. 

John Axbion Andrew, son of Jonathan and Nancy Green (Pierce) Andrew, was 
born in Windham, Me., May 31, 1818. He received his early education at the Gor- 
ham Academy, under Rev. Reuben Nason, and graduated at Bowdoin in 1837. He 
studied law in the office of Henry H. Fuller, of Boston, and was admitted to the Suf- 
folk bar October 26, 1840. He held no office until 1859, when he represented Boston 
in the Massachusetts House of Representatives. Up to that time he had been devoted 
to his business, taking occasional interest in pelitics and closely identified with the 





7*3 






BTOGRAPHICAL REGISTER. r?5 

anti-slavery movement. In 1860 he was chosen governor of Massachusetts, being in- 
augurated January 5, 1861, and continuing in office until January 5, 1866, on which 
day he delivered a valedictory address to the Legislature. It would be superfluous 
to narrate the career of Governor Andrew through the war, as indelibly stamped as 
it is on the pages of our history. The magnitude of his labors may be approximately 
measured by the fact that, during his administration, he was the author of letters 
which, public and private, fill thirty-five thousand pages. After his retirement from 
the State House he was offered the presidency of Antioch College, which he declined. 
He married December 25, 1848, Eliza Jane, daughter of Charles Hersey, of Hingham, 
and died in Boston, October 30, 1867. His body was deposited in the cemetery in 
Hingham. 

Nathan Hale, son of Rev. Enoch Hale, a native of Coventry, Conn., and Octavia 
Throop, daughter of Benjamin Throop, was born in Westhampton, Mass., August 
16, 17S4, and was a nephew of Nathan Hale, one of the Revolutionary martyrs. He 
was fitted for college by his father and graduated at Williams College in 1804. He 
studied law in Troy, N. Y. , and in Boston in the office of Peter Oxenbridge Thacher, 
and was admitted in Boston to the Common Pleas Court in July, 1810, and to the Su- 
preme Judicial Court in March, 1813. While studying law he was instructor in math- 
ematics in Phillips Exeter Academy, from 1805 to 1810. In the early days of his 
practice in Boston he was assistant editor of the Weekly Messenger, and in 1814 be- 
came the proprietor and editor of the Boston Daily . Idvertzser, which was at that 
time the only daily paper in Boston. In 1825 he published a map of New England, 
in 1828 a pamphlet on the Protection policy, in 1820 was a member of the Constitu- 
tional Convention, was the first president of the Western Railroad from Worcester to 
Albany, a member of the Academy of Arts and Sciences and the Massachusetts His- 
tory Society, representative from 1819 to 1822, a senator from 1828 to 1830, and re- 
ceived the degree of LL. D. from Harvard in 1853. He married, September 16, 1816, 
Sarah Prescott, daughter of Rev. Oliver Everett and sister of Alexander Hill, and 
Edward Everett. He died in Boston, February 9, 1863. 

Benjamin Robbins Curtis, son of Benjamin and Lois (Robbins) Curtis, was born in 
Watertown, Mass., November 4, 1809, and attended the school of Samuel Worcester 
at Newton, and Mr. Angier's school at Medford, graduating at Harvard in 1829. He 
graduated at the Harvard Law School and read law in the offices of John Nevers at 
Northfield, and Wells & Alvord at Greenfield, and was admitted to the Franklin county 
bar in 1832. He. first settled in Northfield, but moved to Boston in 1834. In 1846 he 
was made a Fellow of Harvard, was a representative in 1851, and in the same year was 
appointed a judge of the United States Supreme Court, resigning in 1857. In 1871, 
with William M. Evarts and Caleb Cushing, he was appointed counsel for the United 
States before the Board of Arbitration at Geneva and declined, and in 1873 one of live 
commissioners to revise the city charter. In 1868 he was one of the counsel for An- 
drew Johnson in his impeachment trial. He received the degree of LL. I), from 
Harvard in 1852, and from Brown University in 1857. He married. May 8, 1833, 
Eliza M. Woodward, of Hanover, N. H., who died in 1844, and January 5, 1S46, Anna 
Wroe, daughter of Charles Pelham Curtis, of Boston, and August 29, 1861, Maria 
daughter of Jonathan Allen, of Pittsfield. He died September 15, is; I. 



176 HISTORY OF THE BENCH AND BAR. 

George Bemis, son of Seth and Sarah (Wheeler) Bemis, was born in Watertown, 
Mass., October 13, 1816, and fitted for Harvard with Mrs. Samuel Ripley, in Walt- 
ham, graduating at Harvard in 1835. He graduated at the Harvard Law School in 
1839, and was admitted to the Suffolk bar in September, 1839. He was associated 
with George T. Bigelow in the defense of Abner Rogers, and with Attorney-General 
John H. Clifford, for the government, in the trial of John W. Webster. He was the 
author of the following pamphlets: "Precedents of American Neutrality," " Hasty 
Recognition of Rebel Belligerency and Our Right to Complain of It," "American 
Neutrality, its Honorable Past, its Expedient Future," "Mr. Reverdy Johnson, 
the Alabama Negotiations and Their Just Repudiation by the Senate of the United 
States." He died in Nice, January 5, 1878, and bequeathed $50,000 to Harvard for 
the establishment of a professorship of public and international law. 

Jam ms Savage, son of Habijah Savage and Elizabeth, daughter of John Tudor, was 
born in Boston, July 13, 1784, and fitted for college at Washington Academy, Machias, 
Me., and at Derby Academy, Hingham, Mass. He graduated at Harvard in 1803, 
and received a degree of LL. I), from his alma mater in 1841. He studied law in 
the office of Isaac Parker in Portland, and was admitted to the bar in Boston in Jan- 
uary, 1807, after further study in the offices of Samuel Dexter and William Sullivan 
in Boston. He delivered the Boston Fourth of July oration in 1811, the Phi Betaora- 
tion in 1812, was a representative in 1812 and 1821, a member of the Constitutional 
Convention in 1820, a member of the Massachusetts Senate, and Executive Council, 
of the Boston Common Council and Board of Aldermen. He revised the volume of 
charters and general laws of the Massachusetts Colony and the Province of Massachu- 
setts Bay, was overseer of Harvard from 1838 to 1853, librarian of the Massachusetts 
Historical Society from 1814 to 1818, its treasurer from 1820 to 1839, its president from 
1841 to 1855, the founder of the Provident Institution for Savings in the town of Bos- 
ton in I si 7, and its secretary, treasurer, vice-president and president through a period 
of forty-five years. He married in April, 1823, Elizabeth Otis, daughter of George 
Stillman, of Machias, Me., and widow of James Otis Lincoln, of Hingham, and died 
March 8, 1873. 

John Lothrop Motley, son of Thomas Motley and Anna, daughter of Rev. John 
Lothrop, was born in Dorchester, Mass., April 15, 1814, and attended the Boston 
Latin School, Green's School at Jamaica Plain, and the Round Hill School at North- 
hampton. He graduated at Harvard in 1831, and afterwards studied at the Univer- 
sities of Berlin and Gottingen. In 1839 he published " Morton's Hope;" in 1841 he 
was secretary of legation with Mr. Todd, minister to Russia; in 1845-7-9 he wrote 
articles for the North A in eric an Review) on Russia, on Balzac and on the polity of 
the Puritans, and in 1849 published "Merry Mount." The " History of the Rise of 
the Dutch Republic" followed, then the " History of the United Netherlands," and 
later the "Life and Death of John of Barneveld, Advocate of Holland, with a View of 
the Primary Causes and Movements of the Thirty Years' War." He was appointed 
by President Lincoln minister to Austria in 1861, and in 1869 by President Grant 
minister to England. He received the degree of LL. D. from Harvard in 1860, and 
honorary degrees from Cambridge and Oxford and other universities. He married 
March 2, 1837, Mary Elizabeth Benjamin, and died near Dorchester, England, May 
29, 1877. 



BIOGRAPHICAL REGISTER. 177 

Park Benjamin was born in Demerara, August 14, 1809. He entered Harvard, 
where he remained two years, and then entered Trinity College, where he graduated 
in 1829. He studied law and was admitted to the Suffolk bar in July, 1834. In 1831 
he removed to New York and devoted his time to literary pursuits. He was at vari- 
ous times associated editorially with the New England Magazine, the American 
Mont /il v Magazine, the New Yorker, the Brother Jonathan, the New World, 
the Western Continent, and the American Mail. He died in New York, Septem- 
ber 12, 1864. 

Juki. Parker was born in Jaffrey, N. H., January 25, 1795, and graduated at Dart- 
mouth in 1811. He was admitted to the bar in New Hampshire in 1815, and in is:;:; 
was appointed judge of the Superior Court of New Hampshire. From 1838 to 1848 
he was chief justice, and at a later date was appointed professor in the Harvard Law 
School. He resigned in 1868, and died August 17, 1875. He was representative two 
years in New Hampshire, and in both that State and Massachusetts was on a com- 
mission to revise the statutes. He was professor of medical jurisprudence at Dart- 
mouth from 1845 to 1857, and occupied the same position in the Columbia Law School 
in Washington. He received the degree of LL.D. from Dartmouth and Harvard 
in 1848. He married Mary M. Parker. 

Theron Metcalf, son of Hanan and Mary (Allen) Metcalf, was born in Franklin, 
Mass., October 16, 1784. He was educated at the public schools and at Brown Uni- 
versity, from which he graduated in 1805. He studied law with Mr. Bacon in Can- 
terbury, Conn. , and at the law school in Litchfield, Conn. , then the only law school 
in the United States, and established by Tappan Reeve, chief justice of the Supreme 
Court of Connecticut. He was admitted to the bar in Connecticut, and after a year's 
further study with Seth Hastings, of Mendon, he was admitted to the Norfolk bar in 
Dedham by the Circuit Court of Common Pleas in September, 1808, and by the .Su- 
preme Judicial Court in 1811. After a year's practice in Franklin, Mass., he moved 
to Dedham in October, 1809, and on the 5th of November in that year married Julia, 
daughter of Uriah Tracey, late United States senator from Connecticut. In April, 
1817, he was made county attorney for Norfolk, and held the office twelve years. He 
was representative in 1831, '33-4, and senator in 1835. He at one time edited the 
Dedham Gazette, and in October, 1828, opened a law school in Dedham, and among 
his students were John H. Clifford and Seth Ames. In December, 1839, he was ap- 
pointed reporter of the decisions of the Supreme Judicial Court, and moved to Bos- 
ton. His reports fill thirteen volumes and cover a period from the Suffolk March 
term, 1840, to the Essex November term, 1847. He was appointed judge of the Su- 
preme Judicial Court, February 25, 1848, and served until 1865, when he resigned. 
He received the degree of LL.D. from Brown in 1844, and from Harvard in 1848. 
He died in Boston, November 13, 1875. 

Nathaniel Ingersoll Bowditch, son of Nathaniel and Mary (Ingersoll) Bowditch, 
was born in Salem, June 17, 1805, and graduated at Harvard in 1822. He read law 
in the office of Benjamin R. Nichols, of Salem, and was admitted in Boston to the 
Common Pleas Court in 1825, and to the Supreme Judicial Court January 12. 1828, 
after a further course of study in the office of William Prescott. After admission he 
was for a time associated with Franklin Dexter, but finally made conveyancing a 
specialty, and in that department won a notable reputation. He published Sui'lolk 
23 



i 7 8 HISTORY OF THE BENCH AND BAR. 

Surnames in is,"}?. He married, in 1835, Elizabeth, daughter of Ebenezer Francis, 
and died April 16, 1861. 

William Smith Shaw, son of Rev. John and Elizabeth (Smith) Shaw, was born in 
Haverhill, August 12, 1778, and graduated at Harvard in 1798. After leaving col- 
lege he was private secretary of John Adams, and afterwards studied law in the office 
of William Sullivan, and was admitted to the Suffolk bar in April, 1804. He was the 
editor of The Monthly Anthology, which was issued from 1803 to 1811. In 1806 he 
was appointed clerk of the United States District Court for Massachusetts, and held 
the office twelve years. He died in Boston unmarried, April 25, 1826. 

Bordman Hall, son of Joseph F. and Mary M. Hall, was born in Bangor, Me., 
April 18, 1856, and was educated at Colby University and the Boston University Law 
School. He continued his law studies with William H. McLellan, attorney general 
of Maine, and was admitted to the Suffolk bar October 15, 1880. He has been 
assistant United States attorney, and a member of the Boston School Board. 
He has been entrusted with the defense in many important criminal cases and has 
always conducted it with skill and almost unvaried success. Among these cases 
were the United States vs. Edward J. Reed, Commonwealth vs. Bostwick, Common- 
wealth vs. Nelson, Commonwealth vs. Wilson, which won for him a substantial repu- 
tation. He lives in East Boston. 

Charles F. Hall, son of William M. and Ann Elizabeth Hall, was born in Sebago, 
Me., and was educated at Colby University, Waterville, Me. He studied law at the 
Boston University Law School and in the office of William Gaston in Boston, and 
was admitted to the Suffolk bar in November, 1879. He married Ellen C. Burgess 
August 12, 1884, and lives in Dorchester. 

James Milton Hall, son of James Bartlett and Elvira (Clement) Hall, was born in 
Harverhill, Mass., December 29, 1861, and was educated at the public schools and at 
Harvard College, where he graduated in 1883. He studied law in the Harvard Law 
School and in the office of Prince & Peabody in Boston, and was admitted to the 
Suffolk bar in July, 1886. He lives in Boston. 

Abraham S. Cohen, son of Mendell and Pauline Cohen, was born in Liverpool, 
England, March 25, 1863, and after attending the Boston University studied law in 
the offices of J. W. Pickering, John Herbert and John E. Wetherbee 1 in Boston, and 
was admitted to the Suffolk bar in 1884. He married Minnie Levi in Boston. 

Walter Ciianning Burbank, son of Robert I. and Elizabeth W. Burbank, was born 
in Boston June 9, 1865, and was educated at the Boston Latin School and Harvard 
College, graduating in 1887. He studied law in the Boston University Law School, 
and was admitted to the Suffolk bar in August, 1889. He makes a specialty in his 
practice of real estate and probate cases. He married Louise V. Roche in New York 
October 28, 1890. 

Edward Fuller Hodges, son of Harry and Anne Fuller Hodges, of Clarendon, 
Vt., was born January 3, 1816, and graduated at Middlebury College in 1835. He 
studied law with Judge Bennett in Vermont and afterwards in Maine, where he was 
admitted to the bar. He returned to Vermont m 1N45 and practiced law in Rutland 
until 1846, when he moved to Boston and was there admitted to the Suffolk bar 
October 13, 1846. He remained in Boston until 1863, when he opened an office in»New 






BIOGRAPHICAL REGISTER. ^g 

York city, retaining also his office in Boston. In November, 1866, he resumed his 
Boston practice and was council in many important cases connected with revolver, 
telegraph, sewing machine and Goodyear rubber patents, and with the Sudbury 
River flowage. He married at Bangor, Me., July 7, 1845, Anne Frances, daughter 
of William Hammatt, and died in Boston February 28, 1883. 

Henry M. Ayeks, son of Charles W. and Amelia B. Ayers, was born in Philadel- 
phia April 8, 1864, and graduated at Harvard in 1886. He studied law at the Har- 
vard LawvSchool and in Boston in the office of Robert M. Morse, jr., and was admitted 
to the Suffolk bar in July, 1888. He has been conspicuously connected with the oppo- 
sition to legislation against oleomargarine. He married Mary C. Warren, daughter 
of William F. Warren, president of Boston University, September 3, 1890, and lives 
at Wilbraham. 

Frank Brewster, a descendant of Elder William Brewster and son of Benjamin and 
Annie W. Brewster, was born in Montreal, Canada, November 28, 1857, and was edu- 
cated at the Boston Latin School and at Harvard College, where he graduated in 
1879. He studied law at the Harvard Law School and in Boston in the office of 
William C. Loring, and was admitted to the Suffolk bar in the summer of 1883. He 
is an instructor at the Harvard Law School on the peculiarities of Massachusetts Law 
and Practice. 

Alfred Stevens Hale, son of Edward and Frances A. (Tuttle) Hall, was born in 
West Westminster, Vt, April 14, 1850, and was educated at the Kimball Union 
Academy and at Dartmouth College, where he graduated in 1873. He studied law 
at the Boston University Law School and in the offices of Cross & Burnham in Man- 
chester, N. H., and of T. L. Livermore and Nehemiah C. Berry in Boston, and at 
the Harvard Law School, and was admitted to the Suffolk bar December 20, 1876. 
He has held town offices in Winchester, where he resides, and has been connected 
witli the Vermont Central Railroad litigation. He married Annette M. Hitchcock 
at Putney, Vt., October 18, 1876, who died September 26, 1887. 

Edwin B. Hale, son of Aaron and Mary Hale, was born in Orford, N. H., June 16, 
1839, and was educated at the Kimball Union Academy in Meriden, N. H., and at 
Dartmouth College, where he graduated in 1865. He attended the Harvard Law 
School, and was admitted to the Suffolk bar September 15, 1875. He was a member 
of the Massachusetts House of Representatives in 1878-9, and was, for a few years, 
superintendent of public schools in Cambridge, where he resides. He is not married. 

Benjamin A. Lockhart, son of Ephraim and Lucy Lockhart, was born in Horton, 
Nova Scotia, and was educated at AcadiaCollege and Dalhousie College, Nova Scotia, 
and at the Boston University Law School. He also studied in Boston in the office of 
Bennett & Burbank, and was admitted to the Suffolk bar in July, 1*9(1. He married 
Leonora M. Martin, widow of William H. Martin, at Cambridgeport, February 8, 
1892, and makes Cambridgeport his home. 

William Coddington was born in England in 1601 and came to Massachusetts with 
Winthrop in 1630. He was an assistant from 1629 to 1636, and in 1638 went to Rhode- 
Island, where, in 1640, he was chosen governor. After the incorporation of the 
Providence Plantations he was made president in KMN, but did not enter upon Ins 
duties. In 1649 he went to England and secured a commission to govern the islands 



tSo HISTORY OF THE BENCH AND BAR. 

of Rhode Island and Conanicut. He finally united with the Colony and died No- 
vember 1, 1678. 

Roger Ludlow was born in England. He was deputy governor in 1634, and as- 
sistant from 1629 t<> in:!:!. He was a lawyer and in 1635 removed to Connecticut. In 
1654 he moved to Virginia and died there not many years after. 

Sir Richard Sai.tonstall, son of Samuel and Anne Ramsden Saltonstall, was bap- 
tized at Halifax, England, April 4, 15N6, and was lord of the manor at Ledsham. 
He married three wives: (Trace, daughter of Robert Kaye, of Woodsome ; second, 
Elizabeth, daughter of Sir Thomas West, and third, Martha Wilford. He was one of 
the original patentees of the Massachusetts Colony and after his first wife died he 
came to New England with Winthrop in 1630, bringing his children. He was an as- 
sistant from 1629 to 1633. He began the settlement of Watertown, returned to Eng- 
land in 1631 and died about 1658 or 1659, giving in his will a legacy to Harvard 
College. 

Richard S \i;i < install, son of Sir Richard by his first wife, was born at Woodsome, 
County of York, England, in 1610, and came to New England with his father in 1630 
and returned with him to England in 1631. He married in England about 1633 Mu- 
riel, daughter of Brampton and Muriel (Sedley) Gurdon, of Assington, Suffolk, and 
again came to New England in 1635 and settled in Ipswich. He was an assistant 
from 1637 to 1649 and again in 1664. He died on a visit to England at Hulme, April 
29, 1694. 

Nathaniel Saltonstall, son of Richard and Muriel Saltonstall, was born in Ips- 
wich in 1639. He was an assistant from 1679 to 1686. He was appointed by Gov- 
ernor William Phipps one of the judges of the Oyer and Terminer Court organized 
in 1692 to try the witches and refused to serve. He was named in the Provincial 
Charter as one of the Council and continued a member until 1694. He grad- 
uated at Harvard in 1659 and settled in Haverhill. In 1702 he was appointed judge 
of the Inferior Court of Common Pleas for Essex county and remained on the bench 
until his death, which occurred May 21, 1707. He married Elizabeth, daughter of 
Rev. John Ward, of Haverhill. 

Richard Saltonstall, son of Richard and Mehitable (Wainwright) Saltonstall, was 
born in Haverhill, June 24, 1703, and graduated at Harvard in 1722. He was a mem- 
ber of the Council from 1743 to 1745, and was a judge of the Superior Court of Judica- 
ture from December 29, 1736, till his death, October 20, 1756. He had three wives, 
the last of whom was Mary, daughter of Elisha Cooke. 

Leverett Saltonstall, son of Dr. Nathaniel Saltonstall and Anna, his wife, who 
was the daughter of Samuel White, of Haverhill, was born in Haverhill, June 13, 
17S3. He was fitted at Phillips Academy for Harvard, where he graduated in 1802, 
receiving from his Alma Mater a degree of LL. D. in 1838, a degree of A. B. from 
Yale in 1802, and of A. M. from Bowdoin in 1806. He studied law with Ichabod 
Tucker in Haverhill and with William Prescott, and was admitted to the Essex bar 
in 1*06 and to the Suffolk bar in the same year. He was a member of the Massachu- 
setts Senate and its president in 1831, and also a member of the House of Represent- 
atives. He was the first Mayor of Salem and in 1838 w r as chosen member of Congress, 
serving until 1843. He was president of the Bible Society, of the Essex Agricultural 





m 



rfUlA<tf,ld /J IP tCrUW04jkMcG 



BIOGRAPHICAL REGISTER. 181 

Society, of the Essex Bar Association, a member of the Massachusetts Historical Soci- 
ety, of the American Academy of Arts and Sciences and of the Harvard B< >ard < if < >ver- 
seers. He married, March 7, 1811, Mary Elizabeth, daughter of Thomas Sanders, of 
Salem, and died in Salem, May 8, 1845. 

Leverett Sai/k install, son of Leverett and Mary Elizabeth (Sanders) Saltonstall, 
was born in Salem, March 16, 1825, and graduated at Harvard in 1S44. In 1*47 he 
graduated at £he Harvard Law School and was admitted to the Suffolk bar, October 
28, 1850. In 1854 he was on the staff of Governor Emory Washburn. In 1862 he re- 
tired from the law, but continued conspicuous in public affairs. From 1*76 to 1889 he 
was a member of the Harvard Board of Overseers and a portion of the time its presi- 
dent. In 1876 he was appointed a commissioner of Massachusetts to the Centennial 
Exposition in Philadelphia, and from December, 1885, to February, 1890, he was col- 
lector of the port of Boston. He is a member of the Massachusetts Historical Society 
and has been president of the Unitarian Club. He married in Salem, October 19, 
1854, Rose S., daughter of John Clarke and Harriet (Rose) Lee, and has his residence 
at Chestnut Hill near Boston. 

Richard Middlecott Saltonstall, son of Leverett and Rose (Lee) Saltonstall, 
was born at Chestnut Hill near Boston, October 28, 1859. Among his distinguished 
ancestors was Elisha Cooke, whose wife, Jane Middlecott, was a great-grand- 
daughter of Governor Edward Winslow. She was also great-grand-daughter 
of Governor John Leverett. Thus it will be seen from whom his father and 
grandfather took their names and from whom he took his middle name. He 
graduated at Harvard in 1880 and studied law at the Harvard Law School and in the 
office of William Caleb Loring, and was admitted to the Suffolk bar January 23, 1884. 
He married at Medford, October 17, 1891, Eleanor, daughter of Peter C. Brooks, and 
lives at Chestnut Hill. 

Ezra Weston Sampson, son of Sylvanus and Sylvia (Church) Sampson, was born in 
Duxbury, December 1, 1797, and graduated at Harvard in 1816. He was admitted to 
the Suffolk bar January 29, 1836, and began practice in Braintree. On the death of 
Jairus Ware he was appointed clerk of the courts in Norfolk county and served till 
his death at Dedham, January 15, 1867. He married, October 8, 1820, Selina Wads- 
worth, of Duxbury. 

John Henry Take, son of Thomas and Mary F. (Burke) Taff, was born in Boston 
August 20, 1857, and was educated at the Boston Latin School and at Harvard Col- 
lege. He studied law at the Harvard Law School and in the office of Charles F. 
Donnelly in Boston, and was admitted to the Suffolk bar in 1883. He married Sarah 
J. Welch in Boston August 20, 1884, and lives in Boston. 

Eugene Tappan, son of Daniel Dana and Abigail (Marsh) Tappan, was born in 
Marshfield, Mass., July 4, 1840, and was educated at the Kimball Union Academy in 
Meriden, N. H., and at Williams College. He read law with Bacon & Aldrich in 
Worcester, and was admitted to the Worcester bar in 1871. He married, Alice R. 
Crosby, at Centreville, in Barnstable, Mass., December 24, 1872, and lives in Win- 
chester. 

John Henry Taylor, son of Hugh and Mary J. Taylor, was born in Boston 
October 13, 1853, and was educated in the public schools. He read law with Causten 



i.Sj history of the bench and bar. 

Browne and [abez S. Holmes in Boston, and was admitted to the Suffolk bar April 6, 
1875. He has been commander of the Ancient and Honorable Artillery Company, 
and examiner in equity for the United States Circuit Court, Massachusetts District. 
He married, Annie B. Middleby in Boston, September 1, 1874, and lives in Chelsea. 
John Oscar Ti i son of Samuel and Ellen Chase Teele, was born in Wilmot, 

N. H., July 18, 1839, and was educated at the New Hampton and New London 
Academies, and graduated at Dartmouth in 1878, receiving a degree later in conse- 
quence oi his being in New Orleans when the war broke out. He studied law with 
George W. Nesmith, Austin F. Pike and Daniel Barnard in Franklin, N. H., and in 
New < >rleans in 1861-2. He was admitted to the bar in New Hampshire in 1S63, and 
in Massachusetts in the same year, and was a member of the Massachusetts House of 
Representatives in 1886-7. He married, February 28, 1868, at Waltham, Mass., Mary 
P. Smith, and lives in Boston. 

George Thacher, son of Peter, was born in Yarmouth, Mass., April 12, 1754, and 

graduated at Harvard in 1776. He studied law with Shearjashub Bourne in Barn- 
stable, was admitted to the bar in 1778, and began practice in York, Me. In 1782 he 
moved to Biddeford. He was a member of Congress from 1788 to 1801, and a district 
judge in Maine. He was appointed in 1801 judge of the Supreme Judicial Court and 
continued on the bench until January, 1*24, when he resigned. He was a member of 
the convention in 1S19 which framed the constitution of Maine. He married 
Mary, daughter of Samuel Phillips .Savage, of Weston, Mass., and died in Biddeford 
Me., April 6, 1824. * 

Joseph Stevens Buckminster Thacher, son of Peter Oxenbridge and Charlotte I. 
(McDonough) Thacher, was born in Boston May 11, 1812, and graduated at Harvard 
in 1832. He attended the Harvard Law School and began practice in Boston. In 
1n:!i> he moved to Natchez and became judge of the Supreme Court of Mississippi, hold- 
ing the office until his death at Natchez November 30, 1867, 

Oxenbridge Thacher, son of Oxenbridge Thacher, was born in Milton in 1720, and 
graduated in Harvard in 1738. He y first studied divinity and afterwards law, and 
became a leading lawyer of his town. He was a representative from 1763 to his 
death, which took place in Boston July 8, 1765. 

Sylvanus M. Thomas, son of Sylvanus and Agnes Jackson Thomas, was born in 
New Bedford, March 23, 1850, and graduated at Brown University, 1871. He studied 
law at the Harvard Law School and in the office of Jewell, Gaston & Field in Boston, 
and was admitted to the bar in Taunton in January, 1.S74, where he has been city 
solicitor three years. He married at Taunton, where he lives, Emily Hayman, 
November 18, 1891. 

Samuel Thatcher was born in Boston July 1, 1776, and graduated at Harvard in 
1793. He was admitted to the bar before the close of the last century, and was a 
member of Congress from 1803 to 1805. He was many years a representative and 
overseer at Harvard. He died in Boston Jtdy 18, 1872. 

Benjamin Bussey Thatcher, son of Samuel, was born in Warren, Me., October 8, 
1809, and graduated at Bowdoin in 1826. He was admitted to the Suffolk bar in 1831, 
but devoted himself chiefly to literature. He published, besides fugitive poems and 
articles in the magazines, a " Biography of North American Indians," "Memoirs of 



BIOGRAPHICAL REGISTER. 



183 



Phillis Wheatley," " Memoir of S. Osgood Wright," " Tales of the American Revolu- 
tion," etc. He died in Boston July 14, 1840. 

Charles Sedgwick Rackerman, son of Frederick W. and Elizabeth 1). Rackerman, 
was born in Lenox, Mass., June 21, 1857, and was educated at the Lenox High 
School, the Cambridge High School and the Massachusetts Institute of Technology. 
He studied law with Francis V. Balch in Boston, at the Harvard Law School and 
the Boston Law School, and was admitted to the Suffolk bar in June, 1881. He is a vice- 
president of the Conveyancer's Title Insurance Company and a director in the Water 
Company of Milton, where he lives. Mr. Rackerman is grandson of Charles Sedg- 
wick, the clerk of the courts in Berkshire county for thirty years, and great-grandson 
of Theodore Sedgwick, a justice of the Supreme Judicial Court and speaker of the 
National House of Representatives. 

Felix Rackerman, son of Frederick W. and Elizabeth D. Rackerman, was born in 
Lenox, Mass., June 17, 1861, and was educated at Cornell University in the class of 
1882. He studied law at the Harvard Law School and in the offices of Robert T. 
Lincoln in Chicago and Francis V. Balch in Boston, and was admitted to the bar in 
Chicago in 1885 and in Boston in 1886. He married Julia, daughter of Dr. Francis 
Minot, of Boston, in 1886, and lives in Milton. 

Thomas F. Reddy, son of Thomas and Catherine Reddy, was born in Boston Feb- 
ruary 22, 1865, and was educated at the Boston University. He read law in Boston 
in the office of F. V. Balch and at the Boston University Law School, from which he 
graduated in 1887, and was admitted to the Suffolk bar February 2, 1887. In prac- 
tice he makes a specialty of probate cases and conveyancing. He has been a writer 
for the A nitric an Lara Review, and some of his articles have, by their thorough- 
ness and comprehensiveness, commended themselves to the profession. He lives in 
Boston. 

Charles Montgomery Reed, son of Charles and Sophia Williams Reed, was born 
in Brookline, Mass., March 11, 1846, and graduated at Dartmouth in 1867. He read 
law with Latham & Kingman in Bridgewater and at the Harvard Law- School, from 
which he graduated in 1870. He was admitted to the bar at Plymouth in October, 
1869. He married Maria Ames Carlisle, July 3, 1878, at Boston, where he lives. 

George Hammon Reed, son of Hammon and Sylvia J. Reed, was born in Lexing- 
ton, Mass., January 31, 1858, and was educated in the public schools. He studied law 
in the Harvard Law School and in the office of Charles Robinson in Boston, and was 
admitted to the Suffolk bar in June, 1880. He has served on the School Committee 
in Lexington, where he lives. He married S. Augusta Adams at Lexington, Novem- 
ber 5, 1884. 

John P. J. Ward was born in Boston, August 5, 1857, and educated at the May- 
hew and English High School. He studied law at the Boston University Law School 
and was admitted to the Suffolk bar in May, 1878. He was a member of the Boston 
Common Council in 1879. 

J. Otis Wardwell, son of Zenas C. and Adriana S. (Pillsbury) Ward well, was 
born in Lowell, March 14, 1857, and was educated at the Georgetown High School, 
New London Institution, and the Boston University. He studied law with J. P. and 
B. B. Jones in Haverhill, and with Samuel J. Elder in Boston, and was admitted to 



1 84 HISTORY OF THE BENCH AND BAR. 

the Essex bar in September, 1ST!). He has been a member of the Haverhill Council 
and a member of the Massachusetts House of Representatives from 1887 to '91 inclu- 
sive. He was married in Bristol, Vt., December 24, 1887, and lives in Haverhill. 

Henry Wardwell, son of Moses and Amy Swasey (Farley) Wardwell, was born in 
Ipswich, Mass., April "2s, L840, and was educated at the Peabody public schools and 
at Dartmouth College, from which he graduated in 1866. He studied law in Boston 
with Henry W. Paine and Robert D. Smith, and was admitted to the Suffolk bar 
August 1, 1870. He has been in the Salem Council and Board of Aldermen, and was 
a member of the Massachusetts House of Representatives in 1879 and '81. He mar- 
ried .Sarah Osborne Fitch at Peabody, October 6, 1875, and lives in Salem. 

George Langdon Shorey, son of John L. and Sarah B. Shorey, was born in Lynn, 
Mass., and graduated at Harvard in 1873. He studied law in Boston with Augustine 
Jones, and was admitted to the Suffolk bar in June 1875. He married Mary F. 
Alley, June 15, 187."), and lives in Lynn. He was counsel in the somewhat notable 
case of Chester Snow, of Harwich, vs. John B. Alley, in which there were six trials 
— two disagreements, three verdicts for about one hundred thousand dollars each, 
and a final verdict for $58,000. There were in the case one reversal by the Su- 
preme Court and two settings aside by the judge of the Superior Court. In the first 
three trials Mr. Shorey was alone, and in the last three junior with Colonel Ingersoll 
as senior counsel. 

Frank Howard Shorey, son of John and Cornelia (Guild) Shorev, was born in 
Boston, November 2, 1837, and fitted at the High School in Dedham for Dartmouth 
College, where he remained two years, and finally graduated at Harvard in 1858. He 
studied law in Boston with Thomas Lafayette Wakefield, and was admitted to the 
bar in Boston, June 20, 1859. He died at Dedham, January 24, 1862. 

Roscoe Henry Thompson, son of Oakes and Livinia (Banks) Thompson, was born 
in Hartford, Me., May 1, 1836, and was educated at the Hebron Academy and the 
Wesleyan Seminary. He studied law with Elbridge G. Harlow, of Canton,, Me., and 
A. P. Gould, of Thomaston, Me., and was admitted to the bar of Paris, Me., and to 
the Suffolk bar, December 9, 1871. He was postmaster of Canton, Me., under the 
the administration of Buchanan, town clerk and treasurer three years, and • first 
special justice of the Municipal Court of the East Boston District ten years. He mar- 
ried Helen Crafts at Craftsmont Farm, Jay, Me., June 27, 1872. He has a residence 
in New'York city and in Jay, Me. 

Sami el Lothrop Thorndike, son of Albert and Joanna (Batchelder) Thorndike, 
was born in Beverly, Mass., December 28, 1829, and graduated at Harvard in 1852. 
He studied law at the Harvard Law School and in Boston in the office of Sidney 
Bartlett, and was admitted to the Suffolk bar January 11, 1855, and to the United 
States Supreme Court in 1867. He was register of bankruptcy under the law of 
1867, and is a director in various railroad and manufacturing companies. He mar- 
ried Anna Lamb, daughter of Judge Daniel Wells, and lives in Cambridge. 

Charles Copeland Nutter, son of Ichabod and Sarah (Copeland) Nutter, was 
born in Hallowell, Me., January 12, 1820, and fitted at the Hallowell Academy for 
Bowdoin College, where he graduated in 1839, at the head of his class. He studied 
law at Hallowell in the office of Henry W. Paine, and in Boston in the offices of 



BIOGRAPHICAL REGISTER. j8 5 

Sprague & Gray and of Sidney Bartlett, and was admitted to the .Suffolk bar in July, 
1841. He practiced some years as partner with William Hilliard, under the firm 
name of Hilliard & Nutter, and subsequently, from 1848 to 1871, with his brother, 
Thomas F. Nutter, under the style of C. C. & T. F. Nutter. He was commissioned 
as master in chancery by Governor John H. Clifford, and held a commission by re- 
newals until he retired from practice on account of ill health in 1871. He died in 
Boston in 1884. 

Daniel J. Shea was born in Boston, March 31, 1857. He was educated at the 
Brimmer School, the English High School, the Latin School and the Harvard Law- 
School. He was admitted to the Suffolk bar in 1885, and died September 3, 1888. 

R. W. Shea was born in Halifax, Nova Scotia, March 14, 1851, and came with his 
parents an infant to Boston, where he was educated in the public schools. He gradu- 
ated at the Boston University Law School in 1877, and was admitted to the Norfolk 
bar in 1880. He was subsequently admitted to the bar in Chicago. 

Joseph Gilbert Thorp, son of Joseph Gilbert and Susan A. Thorp, was born in 
Oxford, Chenango county, N. Y., August 17, 1852, and graduated at Harvard in 1879. 
He studied law at the Harvard Law School and in the office of Shattuck & Munroein 
Boston, and was admitted to the Suffolk bar in June, 1882. He married Annie A. 
Longfellow, at Cambridge, October 14, 1885, and lives in Cambridge. 

Charles Gideon Davis, son of William and Joanna (White) Davis, was born in 
Plymouth, May 30, 1820. He was educated in his youth in the public schools of Plym- 
outh, at the private school of Samuel Willard, in Hingham, and under the direction 
of John A. Shaw of Bridgewater. He graduated at Harvard in 1840, and studied law 
at the Harvard Law School and in the offices of Jacob H. Loud in Plymouth, and Hub- 
bard & Watts in Boston, and was admitted to the bar at Plymouth in August, 1843. 
He opened an office in Boston and practiced alone until January 1844, when he be- 
came associated with William H. Whitman, late clerk of the courts of Plymouth 
county, and later with Seth Webb and George P. Sanger. In 1846 he identified him- 
self with the anti-slavery movement and aided in the election of Charles Sumner to 
Congress, and in the campaign of 1848 against the election of General Taylor to the 
presidency and in favor of Van Buren and Adams, whose nomination for president 
and vice-president he assisted as a delegate to the Buffalo convention in securing. In 
1851 he was tried before Benjamin F. Hallet, United States commissioner, for assist- 
ing in the rescue of Shadrack, a fugitive slave, from the hands of the officers in the 
court-house in Boston. He was acquitted of the charge, but never denied that he 
rendered the assistance for which he was arrested. He was one of the organizers of 
the Free Soil party and later of the Republican' party, and was a delegate to the na- 
tional convention in Philadelphia in 1856 which put John C. Fremont in nomination. 
During the Know-Nothing years 1854-5 he was chairman of the Republican State com- 
mittee. He was a delegate to the Constitutional Convention in 1853 from Plymouth, 
to which place he moved in 1852, and in 1862 a member of the Massachusetts House 
of Representatives from that town, a trustee of the Massachusetts Agricultural Col- 
lege many years, president of the Plymouth County Agricultural Society, and assessor 
of internal revenue from 1862 to 1869. In 1872, having abandoned the Republi- 
can party, he was a delegate to the Cincinnati convention, which nominated Horace 
24 



1 86 HISTORY OF J HE BENCH AND BAR. 

Greeley for the presidency, and has been a Democratic candidate for Congress. In 
1874 he was appointed by Governor Talbot judge of the Third District Court of 
of Plymouth countv, and still holds that position. He married in Plymouth, where 
he now resides, November 19, 1845, Hannah Stevenson, daughter of John B. and 
Mary (Rowland) Thomas. 

Daniel Davis, son of Daniel, was born in Barnstable, May 8, 17(52. He studied law 
in Barnstable with Shearjashub Bourne, and was admitted to the bar in 1782. Im- 
mediately after admission he settled in Falmouth, now Portland, and was one of the 
five lawyers at that time practicing in the whole District of Maine. The other four 
were George Thacher, Roland Gushing, Timothy Langdon, and William Lithgow. 
He was six vears in. the House, six years in the Senate. From 1796 to 1801 he was 
United States attorney for Maine, and in 1800 was appointed by Governor Strong 
solicitor general, and held that office until 1832, when the office was abolished. In 
1804 he removed to Boston, and after his retirement he became a resident in Cam- 
bridge, where he died October 27, 1835. He married in 17S(i Louisa, daughter of Rev. 
James Freeman, D.D., of King's Chapel, Boston. He received an honorary degree of 
Master of Arts from Harvard in 1797, and was for a time president of the Board of 
Overseers of Bowdoin College. 

Josiah S. Dean, son of Benjamin and Mary A. Dean, was born in Boston, May 11, 
I Slid, and was educated in the public schools. He studied law at the Boston Uni- 
versity Law School, the Harvard Law School, and in the offices of his father, and was 
admitted to the Suffolk bar in January, 1885. He was a member of the Boston Com- 
mon Council in 1891-2, and he was associated with L. S. Dabney as attorney for the 
South Boston Railroad, and with the late Judge Abbott in the overissued stock cases 
of the same road. He married at Bradford, England, August 2, 1888, May Lilian, 
daughter of Prof. Walter Smith, and lives in Boston. 

Alexander Fairfield Wadsworth, son of Alexander and Mary E. H. Wadsworth, 
was born in Boston, January 28, 1840, and graduated at Harvard in 1X60. He studied 
law in the offices of John J. Clarke, Lemuel Shaw, jr., and William I. Bowditch in 
Boston, and graduated at the Harvard Law School in 1863. He was admitted to the 
Suffolk bar November 21, 1863, and was a common councilman in 1875. He married 
Lucy Goodwin in 1876 in Boston, where he lives. 

William Cushing Wait, son of Elijah Smith and Eliza Ann (Hadley) Wait, was 
born in Charlestown, Mass., December 18, 1860, and fitted at the Medford High School 
for Harvard, where he graduated in 1882. He graduated at the Harvard Law School 
in 1885, and was admitted to the Suffolk bar July 21, 1885, and to the United States 
Circuit Court May 15, 1888. He has contributed to the Encyclopedia of Law articles 
on "Representations as to Character, etc.," "Statute of Frauds," "Jettison," and 
" Marine Insurance." He married Edith Foote Wright, January 1, 1889, at Medford, 
where he lives. 

John F. Wakefield, son of John H. and Minerva M. Wakefield, was born in Tay- 
lorsville, Penn., May 9, 1852, and was educated at the New London Institution in 
New Hampshire, the Franklin Academy, and the Maiden High School. He studied 
law at the Boston University Law School, and in Boston in the office of John C. 
Crowley, and was admitted to the Suffolk bar June 5, 1875. He has made a specialty 



BIOGRAPHICAL REGISTER. Io? 

of marriage and divorce laws in Massachusetts. He married Laura A. Seaward in 
Chelsea December 14, 1876, and lives in Boston. 

Jonathan Fas- Barrett, son of Joseph and Sophia (Fay) Barrett, was born in Con- 
cord, Mass., January 28, 1817. He entered Harvard in 1834, and leaving college in 
the autumn of 1835, began to study law in the office of Jonathan Chapman and Rich- 
ard Sullivan Fay in Boston, and finished his studies at the Harvard Law School. 1 [e 
was admitted to the bar in July, 1838, and practiced in Boston until his death, which 
occurred suddenly while in his office January 23, 1885. He married Lydia Ann Lor- 
ing, April 27, 1S4S, and he always retained his residence in Concord. 

Lewis S. Dabney, son of Frederick and Roxana (Stackpole) Dabnev, was born in 
Fayal, December 21, 1840, and graduated at Harvard in 1861. His father was vice- 
consul at Fayal and died there in 1857. He studied law with Horace Gray and Chas. 
F. Blake, and was admitted to the Suffolk bar February 10, 1863. He served in the 
war of 1861 in the Second Massachusetts Cavalry, from November 1862 to January 
1865, and was mustered out as captain. Beginning practice in 1865 he was Assistant 
district attorney with Richard H. Dana, jr., in 1866, He married, April 22, 1867, 
Clara, daughter of George T. Bigelow. 

Timothy J. Dacey was born in Boston, October 11, 1849, and was educated at the 
Eliot Grammar School, the English High School, and at the College of the Holy 
Cross in Worcester. He studied law at the Harvard Law School and was admitted 
to the bar in Boston, June 28, 1871. He was a member of the Boston Common Coun- 
cil in 1872-3, representative in 1874, a senator in 1875-6, a member of the Board of 
Trustees of the City Hospital, a delegate to the national Democratic convention at 
St. Louis in 1S76, a member of the Boston School Board in 1880-1-3-5-6-7, and 
three years president of the Board. In January, 1877, he was appointed assistant 
district attorney for Suffolk. He died December 15, 1887. 

Frank Elliot Dickerman, son of Quincy E. and Rebecca M. Dickerman, was born 
in Charlestown, Mass., January 9, 1864, and graduated at Harvard in 1886. He 
studied law in the Harvard Law T School, and in Boston in the office of Richardson & 
Hale, and was admitted to the Suffolk bar in 1889. In Somerville, where he lives, he 
has been president of the Common Council, and a member of the School Board. He 
married Minnie L. Despeaux at Somerville November 11, 1891. 

Albert Dickerman, son of Wyat and Lois Dickerman, was born in Stoughton, 
Mass., February 21, 1831, and was educated at Phillips Exeter Academy and at Brown 
University. He studied law at the Harvard Law School and in Boston in the office 
of Charles G. Loring, and was admitted to the Suffolk bar in October, 1854. He has 
been a member of the Massachusetts House of Representatives. He married Mary 
Aborn Smith, May 31, 1864, in Boston, where he lives. 

Henry Sweetser Dewey, son of Israel Otis and Susan Augusta (Sweetser) Dewey, 
was born in Hanover, N. H., November 9, 1856, and graduated at Dartmouth College 
in 1878. He studied law in the Boston University Law School, from which he grad- 
uated in 1882, and in Boston in the office of Ambrose A. Ranney, and was admitted 
to the Suffolk bar in June, 1882. He was a member of the Boston Common Council 
from 1885 to 1887, member of the Massachusetts House of Representatives from 1889 
to 1891, member of the First Corps of Cadets from 1880 to 1889, and was commis- 



i88 HIS10RY OF THE BEACH AND BAR. 

sioned judge advocate on the staff of the First Massachusetts Brigade with the rank 
of captain, February 26, 1889. He lives in the Roxbury District of Boston. 

John James 1 )everei \, son of James and Sarah (Crowninshield) Devereux, was born 
in Salem, June 12, 1796. His father was a native of Waterford, Ireland, where he 
was born in May, 1766, and coming to New England married, September 12, 17!»2, 
Sarah, daughter of John and Mary (Ives) Crowninshield. John James was educated 
at the private school of Robert Rogers in Salem and at the Branch School established 
by an association of gentlemen under the direction of Benjamin Tappan. He grad- 
uated at Harvard in 1816 and engaged in commercial pursuits until 1829, when he 
studied law with David Cummins, of Salem, and was admitted to the Suffolk bar in 
October, 1831. After a few years practice in Boston he moved to New York and after 
three years residence there moved to Philadelphia, where he lived until his death, 
which occurred in Salem, March 16, 1856. 

Henry Gardner Denny, son of Daniel and Harriet Joanna (Gardner) Denny, was 
born in Boston, June 12, 1833, and was educated at the Chauncy Hall School and at 
Harvard College, where he graduated in 1852. He studied law at the Harvard Law 
School and in Boston in the offices of Francis O. Watts and Owen G. Peabody, and was 
admitted to the Suffolk bar October 4, 1856. He has been a useful and trusted citizen 
in many ways, having served as treasurer of the Ph. B. K. Society (Alpha of Massa- 
chusetts) twenty-three years, treasurer of the Society for Promoting Theological Ed- 
ucation thirteen years, treasurer of the Home for Aged Women eleven years, chair- 
man of the Dorchester School Board, auditor of the American Academy of Arts and 
Sciences, member and cabinet-keeper of the Massachusetts Historical Society, mem- 
ber of the committee to examine the Harvard College Library thirty years, member 
of the committee on rhetoric, logic and grammar at Harvard ten years, trustee of 
the Dorchester Atheneum, treasurer of the Harvard Musical Association and director 
of other institutions and societies. He lives in Boston unmarried. 

Si i inky Bartlett, son of Dr. Zaccheus and Hannah (Jackson) Bartlett, was born in 
Plymouth, Mass., February 13, 1799. He was descended from Robert Bartlett, who 
came to Plymouth in the ship Ann in 1623 and who married in 1628, Mary, daughter 
of Richard Warren, one of the Mayflower passengers. He was educated at the pub- 
lic schools in Plymouth and graduated at Harvard in 1818. After leaving college he 
taught school in Scituate a short time and spent a year in Plymouth reading law in 
the office of Nathaniel Morton Davis. During that year he was a private in the 
Standish Guards, a military company organized in 1818. In 1820 he entered the office 
of Lemuel Shaw, late chief justice of the Supreme Judicial Court, and was admitted 
in Boston, October 2, 1821, to practice in the Common Pleas Court, and in March, 
1824, to practice in the Supreme Court. He was associated as partner with Mr. Shaw, 
his instructor, until the appointment of Mr. Shaw to the Supreme Bench in 1830. He 
advanced steadily, but surely, in his prof ession until he was recognized as the leader of 
the Massachusetts bar. He was never a ready and eloquent pleader before a jury, but 
the sphere in which he excelled was that of a shrewd, wise legal adviser, the results of 
whose study no man would dare to question and whose arguments before the courts 
were instructive to even the judges to whom they were addressed. His reputation 
was by no means confined within the limits of his own State, and in the judgment of 
the United States Supreme Court, it has been said, that no abler or more thorough 



BIOGRAPHICAL REGISTER. ,89 

or convincing presentation of legal principles and their application to the cases at bar 
has been made in his time thari by him. He never sought nor would he accept office 
whose duties would call him from the profession to which he was wedded. Though 
importuned to accept appointments to the bench he always refused them, and it is not 
too much to say that for many years the highest judicial positions in the land were 
within his reach. He was a member of the Massachusetts House of Representatives 
in ISol and a member of the Constitutional Convention in 1853, but with these ex- 
ceptions he scrupulously avoided what maybe called public life. He married in Bos- 
ton, October 8, 1828, Caroline, daughter of John and Mary (Tewksbury) Pratt, and 
from the time of his admission to the bar always lived in Boston, where he died 
March 6, 1889. 

Joseph Bartlett, son of Sylvanus and Martha (Wait) Bartlett, was born in Plym- 
outh, Mass., in 1761, and graduated at Harvard in 1782. He studied law in Salem 
and was a member of the Suffolk bar. He went to England and appeared on the 
stage in Edinburgh as "Maitland," returned to America and became a merchant in 
Boston and was a captain in Shays's Rebellion. He afterwards practiced in Woburn, 
and in 1799 delivered a poem before the Phi Beta called " Physiognomv." He pub- 
lished a book of Aphorisms in 1823, and in the same year he delivered the Fourth of 
July oration in Boston. Shortly after he published a poem entitled, "The New Vicar 
of Bray." He went to Maine, where he w T as a representative and edited at Saco the 
Freeman' ' s Friend. He also delivered a Fourth of July oration in Biddeford and 
practiced law in Portsmouth among other places. He married in Plymouth, Anna 
May, daughter of Thomas and Ann (May) Wetherell, and died in Boston, October 
20, 1827. 

Grafton St. Loe Abbott, son of Josiah G. and Caroline (Livermore) Abbott, was 
born in Low T ell, Mass., November 14, 1856, and graduated at Harvard in 1877. He 
studied law with his father in Boston and was admitted to the Suffolk bar in 1879. 
He married Mary Adams at Quincy, Mass., September 29, 1890, and now resides at 
Lewiston, Me. 

Franklin Pierce Abbott, son of Josiah G. and Caroline (Livermore) Abbott, was 
born in Lowell, Mass., May 6, 1852, and was educated at St. Mark's School. He 
graduated at the Harvard Law School in 1876 and was admitted to the bar in New 
York in 1878 and in Boston in 1885. Aside from his practice he is engaged in literary 
pursuits. He lives at Wellesley Hills, Mass. 

Charles Allen, son of Sylvester an'd Harriet (Ripley) Allen, was born in Green- 
field, Mass. , April 27, 1827, and graduated at Harvard in 1847. He read law in Green- 
field in the office of George T. Davis and Charles Devens and at the Harvard Law 
School, and was admitted to the bar at Northampton, September 30, 1850. He re- 
mained in Greenfield in the practice of law until 1862, when, having been appointed 
reporter of the decisions of the Supreme Judicial Court, he moved to Boston. He 
held the office of reporter until 1867, and his reports are contained in fourteen volumes, 
covering a period from the Suffolk January term of 1861 to the Suffolk January term 
of 1867. From 1867 to 1872 he was attorney-general of the Commonwealth. In L880 
he was appointed one of the commissioners to revise the statutes of the Common- 
wealth, and in 1882 was appointed by Governor Long judge of the Supreme Judicial 
Court, which position he still holds. His residence is in Boston. 



i 9 o HISTORY OF THE BENCH AND BAR. 

Charles Allen, son of Joseph Allen, was born in Worcester, August 9, 1797. He 
entered Yale College in 1811, after a course of study at Leicester Academy, and re- 
mained one year. He then entered the office of Samuel M. Burnside and was ad- 
mitted to the bar in 1818. He practiced in New Braintree six years and in 
1829 he returned to Worcester and became a partner with John Davis. He was a 
member of the Massachusetts House of Representatives in 1829-34-36-40, and in the 
Senate in 1835-38-39, and in 1842 he was a member of the Northeastern Boundary 
Commission. In 1S42 he was appointed judge of the Common Pleas Court and re- 
signed in 1S44, and was a member of Congress from 1844 to 1853. In 1858, on the 
resignation of Chief Justice Nelson of the Superior Court of Suffolk county, he was 
appointed in his place. The court was abolished in 1859 by the Act establishing 
the Superior Court and he was appointed in that year chief justice of the new court. 
He resigned his seat in 1867 and died in Worcester, August 6, 1869. 

George B. Bigelow, son of Samuel and Anna J. (Brooks) Bigelow, was born in 
Boston, April 25, 1836, and graduated at Harvard in 1856. He studied law at the 
Harvard Law School and in Charlestown in the office of James Dana and Moses Gill 
Cobb and was admitted to the Suffolk bar, December 31, 1859. 

John Prescott Bigelow, son of Timothy and Lucy (Prescott) Bigelow, was born 
in Groton, Mass., August 25, 1797, and was fitted at the Lawrence Academy in Gro- 
ton for Harvard, where he graduated in 1815. He studied law with Luther Lawrence and 
his father in Groton, and was admitted to the Suffolk bar in 1818. He was a mem- 
ber of the Boston Common Council from 1827 to '32, and two years its president, and 
in 1829^33, '35, a member of the House of Representatives of Massachusetts. In 1836 
he was chosen secretary of State, and served eight years, and was a member of the 
Executive Council from 1845 to '49. In 1848-50 he was chosen mayor of Boston, and 
made the first gift in money to the Boston Public Library, of which he was a trustee. 
While mayor he exhibited great efficiency and heroism during the cholera season of 
1849. He married, March 8, 1824, Louisa Anne, daughter of David L. Brown, an 
English gentleman, and died in Boston, July 4, 1872. 

Melville Madison Bigelow,' son of Rev. William E. and Daphne F. Bigelow, was 
born near Eaton Rapids, Mich., August 2, 1846, and was educated at the University 
of Michigan. He studied law in Michigan and Tennessee, and was admitted to the 
bar at Memphis in March, 1868, and later in Massachusetts. He has published several 
works on legal subjects, among which are "Law of Estoppel," "Law of Torts," 
" Law of Fraud," etc. He married in Cambridge two wives, one in 1869 and one 
in 1881, and lives in that city. 

Timothy Bigelow, son of Timothy and Anna (Andrews) Bigelow, was born in 
Worcester, April 30, 1767, and fitted for college under Benjamin Lincoln and Samuel 
Dexter. He graduated at Harvard in 1786, and studied law with Levi Lincoln. 
After admission to the bar he began practice in Groton and moved to Medford. He 
was a representative thirteen years from Groton and twelve years from Medford, 
and speaker of the House thirteen years. He was a delegate to the Hartford con- 
vention in 1814, a member of the Executive Council, and delivered the Phi Beta ora- 
tion in 179(i. He married, September 3, 1791, Lucy, daughter of Doctor Oliver and 
Lydia (Baldwin) Prescott, and died May 18, 1821. 



BIOGRAPHICAL REGISTER. , 9 i 

Tyler Bigelow, son of David and Deborah (Heywood) Bigelow, was born in Wor- 
cester, August 13, 1778, and graduated at Harvard in 1801. He studied law with 
Timothy Bigelow in Groton, and was admitted to the Middlesex bar in June, 1804. 
He began practice in Leominster, but removed to Watertown in ISO."). He married, 
November 26, 1806, Clara, daughter of Timothy Bigelow, of Worcester, who died 
March 13, 1846. He married second, December 15, 1847, Harriet L. Whitney, 
daughter of Abraham Lincoln, of Worcester, who died June 20, 1853. He died at 
Watertown, May 23, 1865, leaving a legacy of $10,000 to Harvard College for the 
benefit of indigent and meritorious students. 

Wilmon W. Blackmar, son of Joseph and Eliza J. (Philbrick) Blackmar, was born 
in Bristol, Penn., July 25, 1841, and was preparing for college at Exeter, N. H., 
when he enlisted in the army. He had previously attended the Brimmer School in 
Boston and the Bridgewater Normal School. He enlisted as private in the Fifteenth 
Pennsylvania Cavalry and became orderly sergeant and lieutenant, and was trans- 
ferred to the First West Virginia Veteran Cavalry. He then became captain, 
was detailed as adjutant-general of his brigade, and fought at Antietam, Stone 
River, Chickamauga, and Chattanooga. He served through the whole war. He 
studied law at the Harvard Law School, and was admitted to the Suffolk bar in July, 
1867. He was a member of the Boston Common Council in 1872 and was judge ad- 
vocate general of Massachusetts twelve years. He married in Boston, November 17, 
1880, Helen R. Brewer, and lives in Boston. 

Stephen G. Nash, son of John and Abigail Ladd (Gordon) Nash, was born in New 
Hampton, N. H., April 4, 1822, and graduated at Dartmouth College in 1842. He 
studied law with George W. Nesmith in Franklin, N. H., and was admitted to the 
Suffolk bar April 16, 1846. He has been a representative from Boston, and from 1855 
to 1859 was a judge on the bench of the Superior Court of Suffolk county. He mar- 
ried Mary Upton at Wakefield in 1866, and lives in Lynnfield. 

Henry F. Naphen, son of John and Jane (Henry) Naphen, was born in Ireland, 
August 14, 1852 and came an infant with his parents to Lowell. He was educated 
at the public schools and took a course at Harvard as resident bachelor. He studied 
law at the Harvard and Boston University Law Schools, and was admitted to the 
Suffolk bar in November, 1879, after a further course of study in the office of Bur- 
bank & Lund in Boston. He has been a member of the State Senate and the Boston 
School Committee, and a member of the Democratic State Committee. He married 
Margaret A. Drummey, daughter of Patrick Drummey, and lives in South Boston. 

John Breed Newhall, son of Charles and Hester C. (Moulton) Newhall, was born 
in Lynn, Mass., October 1, 1862, and graduated at Harvard in 1885. He studied law 
at the Harvard Law School and in the office of Simmons & Pratt in Abington, and 
was admitted to the Suffolk bar in 1887. He has been president of the Common 
Council of Lynn, where he resides, and secretary of the Lynn Board of Trade. 

Henry Newman, son of Henry and Deborah (Cushing) Newman, was born in Bos- 
ton, May 16, 1783. His father was a merchant and his mother a daughter of Lieu- 
tenant-Governor Thomas Cushing. He studied law with Thomas Dawes and Will- 
iam Prescott, and was admitted to the Suffolk bar in 1810. He gave up practice and 
moved to Washington, but died in Boston, July 28, 1861. 



1 92 HISTORY OF THE BENCH AND BAR. 

Frank N. Nay was born in Boston April 30, 1866, and fitted at the Roxbury Latin 
School for Harvard, where he graduated in 1887. He studied law at the Boston 
University Law School and in the office of E. H. Bennett in Boston, and was admit- 
ted to the Suffolk bar in 1890. He lives in Boston. 

William Hii.liard, son of William and Sarah Lovering Hilliard, was born in Cam- 
bridge, Mass., October 15, 1803, and graduated at Harvard in 1821. He was admitted 
to the Suffolk bar in 1824 and practiced in Boston. He married Elizabeth Newhall 
of Boston, and died there September 8, 1869. 

Thomas Leverett Nelson, son of John and Lois B. (Leverett) Nelson, was born in 
Haverhill, Mass., March 4, 1827. He was educated at Dartmouth College and at the 
University of Vermont. He studied law with Charles E. Thompson, of Haverhill, 
and Francis H. Dewey, of Worcester^" and was admitted to the bar in Worcester in 
1855. He was a member of the Massachusetts House of Representatives in 1869, 
and in 1879 was appointed judge of the United States Court for Massachusetts District. 
He was city solicitor of Worcester from 1870 to 1874. He married, October 29, 1857, 
Anna H. Hayward at Mendon, Mass., and March 23, 1865, Louisa A. Small at Mill- 
bury, Mass. His home is in Worcester. 

Albert Hobart Nelson, son of Dr. John and Lucinda (Parkhurst) Nelson, was 
born in Milford, Mass., March 12, 1812. He fitted for college at the Concord Acad- 
emy and graduated at Harvard in 1832. He studied law with Samuel Hoar, of Con- 
cord, and at the Harvard Law School, from which he graduated in 1837. He began 
practice in Concord, but in 1842 moved to Woburn and opened an office in Boston. 
In 1846 he was appointed district attorney for the Middlesex and Essex District, and 
in 1855 he was a member of the Executive Council. He was in the Senate in 1 848-9. 
In 1855 he was appointed chief justice of the Superior Court of the county of Suffolk, 
which was established in that year, and resigned on account of ill health in 1858. He 
married, in September, 1840, Elizabeth B., daughter of Elias Phinney, of Lexington, 
Mass., and died at the McLean Asylum June 27, 1858. 

Isaac Johnson was born in Clipsham, England, and came to Massachusetts with 
Winthrop in 1630. He was an assistant in 1630, and died in Boston September 30 
in that year. He married, Arbella, daughter of Thomas, Fourteenth Earl of Lincoln, 
who came with her husband, and died in Salem, Mass., August 30, 1630. 

Thomas Sharp came over in 1630, and was an assistant in that year. 
William Vassel was an assistant in 1630. 
Edward Rossiter was an assistant in 1630. 

John Humphrey was born in Dorchester, England, and was one of the original 

' associates of the Massachusetts Company. He was chosen the first deputy governor 

in England in 1629, and was an assistant from 1632 to 1641. He married Susan, 

daughter of the Earl of Lincoln, and returning with his wife to England died there 

October 21, 1641. 

Richard Dummer was an assistant in 1635 to 1636. 

Atherton Hough was an assistant in 1635. 

Roger Harlakenden, was an assistant from 1635 to 1638. 

Israel Stoughton was an early settler in Dorchester, and a member of the General 
Court from 16:55 to 1637. He was captain of the Artillery Company in 1642, and an 



BIOGRAPHICAL REGISTER. , 93 

assistant from 1637 to 1643. He died at Lincoln, England, in 1645, giving three 
hundred acres of land to Harvard College. 

Thomas Flint was an assistant from 1642 to 1651, and again in 1653. 
Samuel Symonds was an assistant from 1643 to 1673. 
William Hibbens was an assistant from 1643 to 1654. 

Herbert Pelham was a grandson of Edward Pelham, of Hastings, England, who 

was Lord Chief Baron of the Exchequer of Ireland, and who died in 16(16. Herbert, 
of Michelham Priory, son of Edward, was admitted to Gray's Inn in 1588. Herbert, 
the son of Herbert, and the subject of this sketch, was born in 1601, and graduated 
at Oxford in 1619. He came to Massachusetts in 1638, and was the first treasurer of 
Harvard College. He was an assistant from 1645 to 1649, when he returned to 
England and died in 1673. His widow, Elizabeth, who had been his second wife, was 
the widow of Roger Harlakenden, already referred to. 

Francis Willoughby was deputy governor from 1665 to 1670, and an assistant in 
1650-51 and 1664. 

Edward Gibbons came very early to Massachusetts, and was a representative from 
1638 to 1647, an assistant in 1650-51, and captain of the Artillery Company. He 
died in Boston December 9, 1654. 

Thomas Wiggin was an assistant from 1650 to 1664. 
John Glover was an assistant in 1650 and 1653. 

Daniel G< k >rtn came to Massachusetts in 1644, having lived many years in Virginia. 
He settled in Cambridge, and was a representative from that town in the House of 
Deputies, of which he was speaker in 1651. He was an assistant from 1652 to 1686, 
and in 1681 he was made major-general of the colony. He died in Cambridge March 
19, 1687. 

Daniel Denison, son of Willam, was born in England in 1613, and came to Massa- 
chusetts about 1631, and in 1635 moved to Ipswich from Cambridge, where he first 
settled. He was major-general of the colony, speaker of the House of Deputies, 
justice of the Quarterly Court, commissioner of the United Colonies, and an assistant 
from 1653 to 1682. He died at Ipswich September 20, 16*2. 

Simond W ii. lard came to Massachusetts in 1634, and was born about 1605 in 
England. He settled in Concord, and afterwards lived in Lancaster, Groton and 
Salem. He was an assistant from 1654 to 1675, and died in Charlestown April 24, 
1676. 

Humphrey Atherton came to Massachusetts about 1636 and settled in Dorchester. 
He afterwards moved to Springfield, and from both Dorchester and Springfield he 
was a member of the House of Deputies, of which he was speaker in 1653. He was 
major-general of the colony, and an assistant from 1654 to 1661, and died in Boston 
September 17, 1661. 

Richard Russell came to Massachusetts from Herefordshire, England, in 1640, and 
settled in Charlestown. He was speaker of the House of Deputies in 1647-8-54-56- 
58, and an assistant from 1659 to 1676. He died at Charlestown, May 1 1, 1676. 

James Russell, son of Richard, was born in Charlestown, October 1, 1640. He was 
a Representative in 1679, and an assistant from 1680 to '86, and a member of the 
Counsel of Andros. He died April 28, 1709. 
25 



1 94 HISTORY OF THE BENCH AND BAR. 

Thomas Danforth, son of Nicholas, was born in England in 1622. He was an as- 
sistant from 1659 to 1678, deputy governor from li>7!> to 1686. He was appointed, in 

1692, judge of the Superior Court of Judicature, and served until his death, Xovem- 
N 5, 1699. 

El GEN] Bid LOW 11 V.GAR, son of Josiah B. and Mary Ann (Davis) Hagar, was born 
in Cambridge, Mass., September 23, L850, and was educated at the Chauncy Hall 
School, and at Harvard College, where he graduated in 1*71. He studied law in the 
Harvard Law School, and in the office of Hillard, Hyde & Dickinson in Boston, and 
was admitted to the Suffolk bar in 1S74. He was a member of the Boston Common 
Council in 1880 81, assistant solicitor in Boston from 1881 to 1884. Helives in Boston. 

IIi\k\ L. Hallett, son of Benjamin F. and Laura Larned Hallett, was born in 
Providence, R. I., in 1826, and graduated at Harvard in 1S47. He studied law at the 
Harvard Law School and was admitted to the Suffolk bar July 16, 1850. In IS."):', he 
was appointed by his father assistant United States attorney, and in 1857 was ap- 
pointed United States Commissioner by the Circuit Court. In 1879 he was appointed 
supervisor of elections for the district of Massachusetts. Previous to 1862 all busi- 
ness before the United States commissioners, of whom there were several in Boston, 
was taken to the nearest commissioner, but in that year Richard H. Dana, then United 
States attorney, made an arrangement with Mr. Hallett, by which the latter estab- 
lished a Commissioner's Court, at which all business of a criminal character has since 
been transacted. He married, February 17, 1858, Cora, daughter of George Lovell, 
ot Barnstable, and died in Boston in 1892. 

Robert Sprague Hall, son of Gustavus Yasa and Susan Frances (Frothingham) 

Hall, was born in Charlestown, Mass. , December 14, 1850, and was educated at the 
Chauncy Hall School and at Harvard College, where he graduated in 1872. After 
studying law he was admitted to the Suffolk bar August "2, 1NS7. He has published 
poems, stories, translations, and magazine articles. He is unmarried and lives in 
Charlestown. 

Thomas Bartlett Hall, son of Joseph, jr., and Maria, daughter of Thomas Bart- 
lett, of Boston, was born in Springfield, Mass., July 0<i, 1S04. His grandfather, Jo- 
seph Hall, was judge of probate for Suffolk county from ISO.") to 1836. He was edu- 
cated at the Boston Latin School and at Harvard College, where he graduated in 1843. 
1 [e studied law at the Harvard Law School and in the office of Hubbard & Watts in 
Boston, and was admitted on examination to the Suffolk bar in March, 1S47. He was 
one of the Back Bay commissioners appointed by Governor Gardener, and for many 
years chairman of the Board of Assessors of Brookline. He has since 1860 engaged 
only to a small extent in the practice of law, and for the last thirteen years has been 
chiefly occupied as examiner of accounts. The most noted case in which he was coun- 
sel was that of the Commonwealth vs. Roxbury, to try the title to Back Bay Flats. 
He published in 1863 a work, entitled "Three Articles on Modern Spiritualism by a 
Bible Spiritualist," and in 1883 another, entitled " Modern Spiritualism or the Open- 
ing Way." He married in Boston, May OH. 1851, Emily L., daughter of George M. 
Dexter, and for forty-one years has lived in Longwood, a part of Brookline. 

Artemas Ward Lamson, son of Alvan and Frances Fidelia (Ward) Lamson, was 
born in Dedham, Mass.. March 04, 1830, and graduated at Harvard College in 1849, 






BIOGRAPHICAL REGISTER. , (j5 

I ti studied law at the Harvard Law School and in the office of John J. & Manlius S. 
Clarke, and was admitted to the Suffolk bar April 10, 1854. He married at Dedham 
where he resides, Rebecca L. Prince, January '27, 1891. 

James M. Lank was born in South Boston, December 1, INTO, and was educated at 
the Lawrence School and at Boston College. He studied law with William II. Sulli- 
van, and was admitted to the bar in Boston, January 25, 1891. 

John C. Lank, son of Jonathan A. and Sarah D. (Clarke) Lane, was born in Boston, 
November 8, 1852, and was educated at the Dwight School, the Boston Latin School, 
and graduated at Harvard College in 1n7.">. lie studied law at the Boston University 
Law School and in the offices of Lyman Mason and George W. Morse in Boston, and 
was admitted to the Suffolk bar in 1S7S. He married Harriet B. Winslow, Septei 
11, 1883, and lives at Norwood, Mass. 

James H. Lange, son of John and Martha E. Lange, was born in Washington, D. 

C, January 1*, 1857, and was educated at the public schools of Washington and Phila- 
delphia. He studied law at the Columbian University, Washington, and was admitted 
to the Supreme Court of the District of Columbia, June 'J:J, 1880, and to the Suffolk 
bar April .">, 1*87. He makes a specialty of patent causes. He married at Stanstead, 
Canada, October 0, 1886, Edith A. Miller, and lives in Boston. 

Rufus Bigelow Lawrence, son of Luther and Lucy (Bigelow) Lawrence, was born 
in Groton, Mass., July 13, PS14, and attended the Lawrence Academy at Groton, the 
Stow Academy and a private school. He graduated at Harvard in 1834, and a 
studying law with his father was admitted to the Middlesex bar in December, 1837. 
In 1 syo he opened an office in Boston, and shortly after, while on a visit to Europe, 
died at Pau, France, January PL 1841. 

Samuel Parker Lewis, son of James and Harriet (Parker) Lewis, was born in Pep- 
perell, Mass., November Hi, 1824, and was educated at the Lawrence Academy at 
Groton and at Harvard, where he graduated in 1844. He studied law at the Harvard 
Law School, and was admitted to the Suffolk bar May 12, 1849. He began practice 
in Boston, but returned to Pepperell in 1852, In 1874 he opened an office in Aver, 
and in 1875 moved to Groton, returning again to Pepperell in 1880. He married, 
October 4, 1870, Catharine, daughter of Jonas Haskins, and Catharine (Marshal' 
tus, a native of Detroit, Mich., and died in Pepperell, November 26, 1882. 

PHILLIP J. LlBBY was born in Boston, February "22, 1861, and was educated at the 
Boston public schools and at the College of the Holy Cross in Worcester, from which 
he graduated in 1881. He studied law in the office of Crowley & Maxwell and in the 
Boston University Law School, from which he graduated in 1*86, and was admitted 
to the Suffolk bar in 1885. 

Charles Franklin Light, son of James and Ellen E. Light, was born in Dorches- 
ter, and was educated in the public schools of Dorchester and Boston. He attended 
the Boston University Law School, and was admitted to the bar in Boston, February 
2, 1887. He married Jessie G. Cochran, at Natick, Mass., November 2, 1889, and 
lives in Hyde Park. 

Wilfred B. Rich, son of Ransom and P. Laurette Rich, was born in Jackson, Me., 
April 21, 1855, and was educated at the Westbrook, Maine. Seminary, and the Maine 
Central Institute, Pittsfield, Me. He studied law with Albert W. Paine, of Bangor, 



i 9 6 HISTORY OF THE BENCH AND BAR. 

and George E. Johnson, of Belfast, and was admitted to the bar in Bangor, January 
5, 1880, and in Boston, September L5, 1885. He was for a time postmaster of Cam- 
den, Me., and for two years was assistant editor of the Camden Herald. He lives in 
Somerville. 

Thomas Rice was born in Wiscasset, Me., March 30, 1768, and graduated at Har- 
vard in 1791. He studied law with Timothy Bigelow, and was a member of the Suf- 
folk bar. He went to Winslow, Me., was a member of Congress from 1817 to 1819, 
and died in Winslow, August 24, 1854. 

George Edward Rice, son of Henry and Maria (Burroughs) Rice, was born in Bos- 
ton, July 10, 1822, and received his early education at the Boston Latin School and at 
the school of Edmund Lambert Cushing. He graduated at Harvard in 1822, and 
studied law with Charles G. Loring and William Uehon, and was admitted to the bar 
in Boston, October 27, 1845. He contributed to the North American Review, and 
was the author of some attractive poems. He married, December 2s, 1857, Tirzah 
Maria, daughter of George W. Crockett, of Boston, and died in Roxbury, August 10, 
1861. 

Conrad Rf.no, son of Jesse L. and Mary C. Reno, was born at Mount Vernon Ar- 
senal, Ala., December 28, 1859, and was educated at Shortlidge's Media Academy, 
Media, Penn., and the Lehigh University. He studied law at the Boston University 
Law School, and was admitted to the Suffolk bar in 1888. The most noted cases in 
which he has been counsel were Eliot vs. McCormick, 144 Mass., 10, and Eustis vs. 
Bolles, 140 Mass. He has been a contributor to the American Law Review, and the 
American Law Register, and is now publishing a work on " Non-residents and For- 
eign Corporations." He married at Springfield, Mass., April 13, 1887, Susan M., 
daughter of Rev. Dr. William T. Eustis, and lives in Boston. 

Frederick J. Ranlett, son of Charles E. and A. M. Ranlett, was born in Thomas- 
ton, Me., November IT, 1857, and graduated at Harvard in 1880. He studied law at 
the Harvard Law School and in Boston in the office of Robert Dickson Smith, and 
was admitted to the bar in Boston in July, 1884. He has been a member of the Com- 
mon Council in Newton, where he resides, a representative to the General Court in 
1890, and a member of the Newton Republican Ward and City Committee. 

George H. Richards, son of Francis and Anne H. (Gardiner) Richards, was born 
in Gardiner, Me., and was educated at Rugby, England, and at Trinity College, 
Cambridge, England. He studied law with Horace Gray, and Chandler & Shattuck 
in Boston, and at the Harvard Law School. He was admitted to the Suffolk bar De- 
cember 4, 1865, and lives in Boston. 

Wu.iiAM Reuben Richards, son of William Boardman and Cornelia Wells (Walters) 
Richards, was born in Dedham, Mass., July 3, 1853, and was educated at the Boston 
Latin School, Dr. Krause's Institute, Dresden, Germany, and at Harvard College, 
where he graduated in 1874. He studied law with Shattuck, Holmes & Munroe 
and at the Harvard Law School, and was admitted to the Suffolk bar November 11, 
1878. He was a member of the Boston Common Council from 1886 to '88, and is now 
one of the trustees of the Boston Library. He is unmarried and lives in Boston. 

Ivory W. Richardson, son of Nathaniel and Mary Richardson, was born in Wes- 
ton, Vt., February 5, 1812, and was educated at the public schools. He studied 



BIOGRAPHICAL REGISTER. 



«97 



law at Chester, Vt, with Aikin & Richardson, and was admitted to the bar in 
Woodstock, Vt., in June, 1842. After practicing six years in Vermont lie 
moved to Boston, where he was admitted to the Suffolk bar October 10, 1848. He 
married, at Andover, Vt., in 1832, Abigail Greeley, and at Keene, N. H., in 
1851, Anne B. Dodge. He lives in Chelsea. 

James Bailey Richardson, son of Joel Richardson, was born in Oxford, X. II.. 
December 9, 1832, and graduated at Dartmouth in 18."»7. He studied law with 
Hutehins <&r Wheeler, and was admitted to the bar in Boston February 27, L859. He 
was early offered seats on the benches of the Boston Municipal Court and the Su- 
perior Court, but he declined both. In 1889 he was appointed by Mayor Hart cor- 
poration counsel of Boston, succeeding Edward P. Nettleton. He was appointed by 
Mayor Matthews a member of the Rapid Transit Commission. As corporation coun- 
sel he gave an important opinion concerning the respective rights of the State Legis- 
lature and Congress in the navigable waters of Charles River. In 1884 he was ap- 
pointed with ex-Mayor Cobb and James M. Bugbee to revise the city charter. He 
has been, if he is not now, president of the Alumni of Dartmouth College in Boston 
and vicinity, and is a trustee of the college. He was sixteen years master in chan- 
cery, and was a referee in the important case of the Tremont and Suffolk Mills of 
Lowell against the city of Lowell. He has been appointed during the present year 
(1892) judge of the Superior Court and now occupies a seat on the bench. He mar- 
ried in 1865 Lucy Crashing, daughter of A. A. Gould, M. D. 

William Richardson, son of Asa and Elizabeth (Bird) Richardson, was born in 
Boston, December 2, 1813, and was educated at the Boston Latin School and at Har- 
vard, where he graduated in 1832. After leaving college he was for a year usher in 
the Mayhew School, and in 1833 attended the Divinity School six months. In ls:-?4 
he entered the office of Jeremiah Mason to study law and was admitted to the Suffolk 
bar in 1837. He practiced in Boston until his death, which took place in Dorchester, 
June 6, 1856. He married in Walpole, Mass., June HO, 1836, Almira, daughter of 
Daniel Kingsbury. 

William Minard Richardson, son of Roswell Minard and Ann (Hapgood) Rich- 
ardson, was born in Portland, Me., December 10, 1858, and graduated at Harvard in 
1879. He studied law at the Harvard Law School and was admitted to the Suffolk 
bar in 1882. He married Sara J. Hanks at Cambridge, June '27, 1888, and lives in 
Cambridge. 

Elmer Ellsworth Rideout, son of Albert and Harriet S. Rideout, was born in 
Cumberland, Me., June 18, 1864, and graduated at Bowdoin College in 1886. He 
studied law at the Harvard Law School, and was admitted to the bar in Boston, July 
29, 1890. He is unmarried and lives in Boston. 

Horace Binney Sargent, jr., son of Horace Binney and Elizabeth Little (Swett) 
Sargent, was born in Boston, April 2, 1847, and was educated at the public schools, 
at schools in Europe, and at the Harvard Scientific School. He studied law at the 
Harvard Law School and in the office of Henry W. Paine in Boston, and was ad- 
mitted to the Suffolk bar September 24, 1872, and to the United States Supreme 
Court, April 10, 1883- He was assistant city solicitor of Boston from 1879 to 1881, 
and has been active and prominent among the commissioned officers of the Massa- 
chusetts Volunteer Militia. He is unmarried and lives in Boston. 



198 HISTORY OF THE BENCH AND BAR. 

William McKinley Osborne, son of Abner and Abigail (Allison) Osborne, was 
burn in Girard, Ohio, April 26, 1842. He was educated at the Poland, Ohio, 
Academy and at Alleghany College in Meadville; Penn. He enlisted in the Twenty- 
third Ohio Regiment in the war of 1861 and was discharged on account of injuries 
received in the service. He studied law in the office of Sutliff, Tuttle & Stutt in 
Warren, Ohio, and in the law school in Ann Arbor, Mich., and was admitted to the 
bar in 1864 He began practice at Youngstown, Ohio, and was mayor of that city 
m 1ST! and 1875. He removed to Boston in 1880 and was there admitted to the bar. 
He was a member of the Boston Common Council in 1884-5, and was appointed a 
member of the Metropolitan Board of Police and still holds that position. He mar- 
ried in Boston, April 24, 1878, Frances Clara, adopted daughter of Walter Hastings, 
of Boston. 

Robert Carter Pitman, son of Benjamin and Mary Ann (Carter) Pitman, was born 
in Newport, R. I., March 16, 1825. He was educated at the public schools of New 
Bedford, at the Friends' Academy, and at the Wesleyan University, Middletown, 
Conn., where he graduated in 1845, receiving the degree of LL. D. in 1869. He 
studied law and was admitted to the bar in New Bedford in 1848, where he practiced 
until 1869, associated at different times as a partner with Thomas D. Eliot and Alan- 
son Borden. In 1869 he was appointed judge of the Superior Court and remained on 
the bench until his death. He was a representative in 1858 and a senator in 1864—5, 
'68-9, and the last year was the president of the Senate. He married, in New Bed- 
ford, August 15, 1855, Frances R. , daughter of Rev. M. G. Thomas, and died at New- 
ton, March 5, 1891. 

Frederick Octavius Prince, son of Thomas and Caroline Prince, was born in Bos- 
ton, January 18, 1818, and was fitted at the Boston Latin School for Harvard, where 
he graduated in 1836 as class poet and secretary. He studied law in the office of 
Franklin Dexter and William Howard Gardiner, and was admitted to the bar in Bos- 
ton in January, 1840. He early took up his residence in Winchester and was a rep- 
resentative from that town from 1851 to '53, and in 1853 was a member of the Con- 
stitutional Convention. In 1855 he was a member of the Senate, and in 1860, having 
joined the Democratic party on the dissolution of the Whig party, was a delegate to 
the National Democratic Convention at South Carolina. He was secretary of the 
National Democratic Committee from that time until 1888. In 1876 he was chosen 
mayor of Boston and re-elected in 1878-81. He was the Democratic candidate for 
governor in 1885, and in 1888 was appointed a member of the board to erect a build- 
ing for the Boston Public Library. He married, in 1848, Helen, daughter of Bar- 
nard Henry, of Philadelphia, and November 27, 1889, he married for a' second wife, 
at Cambridge, Kate H. Blanc. To him a full share of credit is due for the erection 
of the most notable structure in Boston, in spite of the cavils and criticisms of those 
who would measure the merit of public buildings by either the profusion of orna- 
mentation on the one hand, or the small amount of money expended in their con- 
struction on the other. Boston has been fortunate in having a Board of Trustees of 
the Public Library with good taste and artistic judgment and sufficient backbone to 
fearlessly exercise them. 

Edgar Sidney Taft, son of Bezaleel and Lucy M. (Bragg) Taft, was born in 
Kcene, N. H., June 30, 1853, and was educated at the public schools. He studied law 




' si 



BIOGRAPHICAL REGISTER lgg 



with Albert R. Hatch, of Portsmouth, N. H., and was admitted to the bar in New 
Hampshire, September 1, 1882, and to the bar in Massachusetts, October 30, L882. 
He practiced law in Boston two years, and after a short time in the employ of the 
Pullman Car Company opened an office in Gloucester, Mass., in 1885. 

Charles P. Thompson, son of Frederick M. and Susannah (Cheeseman) Thompson, 
was born in Braintree, Mass., July 30, 1827, and was educated in the public schools 
and in the Hollis Institute of Braintree. He studied law in the office of Benjamin F. 
Hallett in Boston, and was admitted to the Suffolk bar in 1854. In 1857 he removed 
to Gloucester from Boston, where he had practiced in association with Mr. Hallett, and 
has since that time made Gloucester his residence. In 1885 he was appointed judge 
of the Superior Court, and is now on the bench. He was a representative in is; | -j, 
and from 1874 to 1876 was a member of Congress. In 1880 and 1881 he was the 1 >emo- 
cratic candidate for governor, and in 1877 received the honorary degree of Master of 
Arts from Amherst College. He married in 1S01 Abbie Herrick, of Gloucester. 

Levi Clifford Wade, son of Levi and Abbie A. (Rogers) Wade, was born in 
Allegheny City, Penn., January 1(5, 1843, and received his early education in the pub- 
lic schools, in the Lewisburg Institute, and with private tutors. He graduated at 
Yale in 1866, and was admitted to the bar in 1873. During his practice in Boston he 
was for three years a partner with J. Q. A. Brackett. He married in Bath, Me., 
November 16, 1869, Margaret, daughter of William and Lydia H. (Elliott) Rogers. 
He was a representative from Newton from 1876 to 1879, and in the last year was 
speaker. He died March 21, 1891. 

Henry Walker, son of Ezra and Maria A. Walker, was born in Boston, and re- 
ceived his early education in the public schools and the Boston Latin School. He 
graduated at Harvard in 1855, and studied law with Hutchins & Wheeler in Boston, 
and was admitted to the Suffolk bar in 1858. At the beginning of the war he 
enlisted in the Fourth Massachusetts Regiment and served three months as adjutant. 
In the autumn of 1861 he was commissioned lieutenant-colonel of the Fourth Regiment, 
and in 1862 as colonel. He was discharged by reason of expiration of service in 1865, 
and resumed the practice of law. In 1877 he was appointed license commissioner, 
and served as police commissioner from 1879 to 1882. He was commander of the 
Ancient and Honorable Artillery Company in 1887-88, and visited England to join in 
the three hundred and fiftieth anniversary of the Honorable Artillery Company of 
London, and during his visit reflected credit, not only on the company under his 
command, but our country, of which he was to a certain extent, a representative. 

Charles Tilton Duncklee, son of Joseph and Betsey P. (Woodbury) Duncklce, 
was born in Brighton, Mass., August 29, 1841, and graduated at Harvard College in 
1861. He studied law in the Harvard Law School and in the office of David II 
Mason in Boston, and was admitted to the Suffolk bar in 1863. He married Sarah J. 
Brown in Boston, December 26, 1866, and lives in Brookline. 

R. Augustus Duggan, son of William Brazier and Eunice B. (Glover) Duggan, was 
born in Cjuincy, Mass., September 22, 1845, and was educated at the Middleboro' 
Academy and at Harvard. He graduated at the Harvard Law School in 1869, and 
was admitted to the bar in that year at Dedham. He is unmarried, and livi 
Cjuincy, Mass. 



200 HISTORY OF THE BENCH AND BAR. 

Rki ben Li i in Roberts, son of Reuben and Jane L. Roberts, was born in Boston 
February 16, 1847, and was educated at the Wesleyan University, Middletown, Conn. 
He studied law in Boston with George L. Roberts, and was admitted to the Suffolk 
bar in the autumn of 1871. He makes the management of patent law cases his spe- 
cialty. His home is in Brookline. 

George Litch Roberts, son of Reuben and Jane (Litch) Roberts, was born in Bos- 
ton December 30, ls; J ,(5, and graduated at the Wesleyan University, Middletown, 
Conn., in 1859. He studied law at the Harvard Law School and in Boston in the 
office of Benjamin R. Curtis, and was admitted to the .Suffolk bar June ?, 1864. He 
has been counsel in many important patent cases, among which were the " Pebbling 
machine cases," affecting largely the interests of the leather trade; Woodman vs. 
Stimpson, 3 Fisher's Patent Cases 88; Stimpson vs. Woodward, 10 Wall, 117; Wood- 
man Pebbling Machine Company vs. Guild, 4 Clifford 185, and the " Spindle Cases" — 
Pearl vs. The Appleton Company, 3 Fed. Rep., 153, and various telephone suits. He 
married in Middletown, Conn., December 1, 1865, Hinda Barnes, and lives in Boston. 

( ) i > i n Barnes Roberts, son of the above, was born in Boston January 22, 1867, and 
was educated at the Massachusetts Institute of Technology and at Harvard College, 
where he graduated in 1886, and at the Harvard Law School. He was admitted to 
the bar in Boston in January, 1891, and lives in Boston. 

George Augustus Sanderson, son of George W. and Charlotte E. Sanderson, was 
born in Littleton, Mass., July 1, 1863, and received his early education at the Law- 
rence Academy, Groton, Mass. He graduated at Yale College in 1885 and at the 
Boston University in 1SS7, and was admitted in 1887 to the Suffolk bar. He has been 
chairman and member of the School Committee of Littleton, where he resides, since 
1888, and served repeatedly as moderator of meetings in that town. He is a trustee 
of the Lawrence Academy. 

Sanford Harrison Dudley, son of Harrison and Elizabeth (Prentiss) Dudley, was 
born in China, Me., January 14, 1S42. His parents removed in 1857 to New Bedford 
and in 1870 to Cambridge. He graduated at Harvard in 1867, and then taught the 
New Bedford High School three years. He studied law in New Bedford in the office 
of Eliot & Stetson and at the Harvard Law School, where he graduated in 1871. He 
was admitted to the Suffolk bar J ly 21, 1871. He has in various ways been con- 
nected with the city government of Cambridge, where he resides, and is president of 
the Umversalist Club and vice-president of the Universalist Sunday School Union. 
He married Laura Nye, daughter of John M. Howland, at Fairhaven, Mass., April 2, 
1869. 

William H. Drury, son of William E. and Martha K. Drury, was born in Worces- 
ter, Mass., January 12, 1842, and graduated at Yale College in 1865. He studied law 
at the Harvard Law School and was admitted to the bar at Cambridge, June 3, 1872. 
He married Mary Peters at Ellsworth, Me., September, 21), 1875, and lives in Walt- 
ham. 

Walter Hill Roberts, son of Jacob W. and Sophronia P. Roberts, was born in 
Charlestown, Mass., and graduated at Harvard College in 1877. He studied law in 
the offices of Levi C. Wade and J. 0. A. Brackett and at the Harvard Law School, 
and was admitted to the Suffolk bar in 1880. He married Alice S. Daniels, of Bos- 
ton, October 25, 1883, and lives in Melrose. 



BIOGRAPHICAL REGISTER. 201 

James Walker Austin, son of William and Lucy (Jones) Austin, was born in Chai 
town, Mass., January 8, 1829, and graduated at Harvard in 1849. He studied law at 
the Harvard Law School and was admitted to the Suffolk bar February 7, 1851. He 
has been justice of the Supreme Court of the Hawaiian Islands and membei 
speaker of the Hawaiian Parliament. He married, July IS, 1857, Ariana E., daughter 
of John Sherburne Sleeper, of Roxbury, and now lives in Boston. 

Ambrose Eastm \\\ son of Philip and Mary (Ambrose) Eastman, was born in North 
Yarmouth, Me., April 18, 1834, and graduated at Bowdoin College in 1854. lie stud- 
ied law with Philip Eastman in Saco, Me., and was admitted to the York county bar 
in Maine in 1858 and afterwards in Boston. He married Charlotte S. Haines in Bid- 
deford, Me., September 15, 1864, and lives in Boston. 

George Warren Copeland, son of Daniel and Eliza (Coburn) Copeland, was born 
in Boston, April 4, 1833, and was educated at the Boston Latin School and received 
an honorary degree of Master of Arts from Amherst College in 1859. He studied law 
at the Harvard Law School and was admitted to the Suffolk bar September "2!), 1858. 
He was a member of the Massachusetts House of Representatives from 1863 to 1865, 
and was president for some years of the Boston Butler Club. In law he has been con- 
nected with an important suit against the Pennsylvania Railroad Company, and in 
literature he has been a lecturer of note. He married in Melrose, Mav 8, 1860, Sarah 
A. Shelton, and in Boston in July, is?."), Annie Loring Harmon, and died in Maiden, 
Mass., May 27, 1892. 

William Faxon, Jr., son of William and Henrietta B. (Cross) Faxon, was born in 
Cambridge,, Mass. , September 26, I860, and graduated at Harvardin 1883. He stud- 
ied law in the Boston University Law School and in the office of A. A. Ranney 
and was admitted to the Suffolk bar in January, 1886. His home is in Boston. 

George Zaccheus Adams, son of Charles and Nancy (Robbins) Adams, was born in 
Chelmsford, Mass., April 23, 1833, and received his early education in the public 
schools, at the Westford Academy and Phillips Andover Academy. He graduated at 
Harvard in 1856 and studied law in the office of Oliver Stevens in Boston and at the 
Harvard Law School, and was admitted to the Suffolk bar January 26, 1858. He is 
special justice of the Municipal Court of the city of Boston. He married, September 
16, 1861, Joanna F., daughter of Charles and Joan F. (Hagar) Davenport, and lives 
in Boston. 

Samuel Nelson Aldrich, son of Sylvanus Bucklin and Lucy Jane (Stoddard) Al- 
drich, was born in Upton, Mass., February 3, 1838, and was educated at the Worcester 
Academy, the academy at Southington, Conn., and Brown University. He taughl 
school in Worcester, Upton and Holliston. He studied law in the office of Isaac I >a- 
vis in Worcester and at the Harvard Law School, and was admitted to the Worcester 
county bar in 1863. He at once began business in Marlboro, opening an office in Bos- 
ton in 1874. He has been many years a member of the School Board of Marlboro, a 
member of the Board of Selectmen and its chairman, president of the Marlboro Board 
of Trade, president of the Framingham and Lowell Railroad and of the Central Mas- 
sachusetts Railroad. In 1879-80 he was a member of the Senate, in 1881 a Demo- 
cratic candidate for Congress and in 1883 a member of the Massachusetts House of 
Representatives. In 1887 he was appointed United States assistant treasurer in I 
20 



202 HISTORY OF THE BENCH AND BAR. 

ton and on his retirement from that position in 1889 he was chosen president of the 
State National Bank in Boston, which position he still holds. He married at Upton 
in L865, Mary }., daughter of J. T. and Eliza A. (Colburn) Macfarland, and lives in 
Boston. 

Hi \in Kim; BraleY, son of .Samuel T. and Mary A. Braley, was born in Roches- 
ter, Mass. , March 17, 1850, and was educated in the Rochester Academy and the 
Pierce Academy, Middleboro, Mass. He studied law in Bridgewater in the office of 
Hosea Kingman and was admitted to the bar at Plymouth in October, 1873. He al- 
ways practiced in Fall River until in 1891 he was appointed judge of the Superior 
Court. He was city solicitor of Fall River in 1874 and mayor in 1883-83. He mar- 
ried in Bridgewater, April 29, 1875, Caroline W., daughter of Philander and Sarah T. 
Leach, and still lives in Fall River. 

Philip Edward Brady, son of Philip and Rose (Goodwin) Brady, was born in Attle- 
boro, Mass., August 10, 1859, and was educated in the public schools. He graduated 
at the Harvard Law School in 1882 and after studying in Attleboro in the office of Geo. 
A. Adams, and was admitted to the Suffolk bar in 1883. In 188.") he opened an office in 
North Attleboro and was appointed by President Cleveland postmaster of Attleboro. 

Heman Merrick Burr, son of Isaac Tucker and Ann Frances (Hardon) Burr, was 
born in Newton, Mass., July 28, 1856, and received his early education in the public 
schools. He graduated at Harvard in 1877 and studied law at the Harvard Law 
School. He was admitted to the Suffolk bar in June, 1884, and entered upon practice 
in Boston. He was a member of the Common Council of Newton in 1887 and 1888, 
and in 1889 mayor of the city. He married in Boston, November 29, 1881, Mary Fran- 
ces, daughter of Samuel T. and Mary Hartwell (Barr) Ames. 

Napoleon Bi inap vrte Bryant, son of Jeremy Y. and Mercy P. Bryant, was born in 
Andover, N. H., February 25, 1825, and attended at various times the High School 
at Franklin, N. H., and the Boscawen, Concord, Claremont, Gilmanton, New 
London and New Hampton academies and Waterville College. At the age of 
twenty-two he began the study of law in Franklin in the office of Nesmith & Pike and 
graduated at the Harvard Law School in 1848. He was admitted to the bar at Plym- 
outh, N. H., in 1849 and opened an office in Bristol, where he remained until 1853, 
when he removed to Plymouth. He was county commissioner for Grafton county 
three years and afterwards county prosecuting attorney. In 1855 he removed to Con- 
cord, N. H., and became associated with Lyman T. Flint. He was city solicitor for 
Concord three years, member of the Legislature and two years speaker of the House 
of Representatives, and a delegate to the National Republican Convention which 
nominated Abraham Lincoln for president in 1860. In 1860 he moved to Boston and 
was admitted to the Suffolk bar December 17 in that year. Besides a practice in the 
courts lie has engaged in literary pursuits involving much general and special study, 
and has been called upon to deliver lectures in the Lyceum and historical addresses at 
centennial anniversaries of his native town and of Brandon, Vt. He married in May, 
1*49, Susan M., daughter of Abram Brown, of Northfield, N. H., and while living 
partly in Boston has his legal residence in Andover, N. H. 

Fr \\i is Brooks, son of Edward and Elizabeth (Boot) Brooks, was born in Medford, 
Mass., November 1, 1824, and graduated at the Harvard Law School in 1846. His 



BIOGRAPHICAL REGISTER. 



203 



name will be found in the Harvard Catalogue as Francis Bootl Brooks, the name he 
bore until 1854, when he dropped his middle name. He was admitted to the bar Jan- 
uary 1, 1848. He married, first, May 6, 1850, Mary Jones, daughter of Ebenezer Chad- 
wick, of Boston, and second, November 29, 1854, Louise, daughter of Henry and Mary 
Ann (Davis) Winsor, of Boston. He died at Medford, October '27, 1891. 

Lincoln Flagg Brigham, son of Lincoln and Lucy (Forbes) Brigham, was horn in Cam- 
bridge, October 4, 181 9, and fitted at the public schools for Dartmouth College, where he 
graduated in 1842. He studied law at the Harvard Law School, and in New Bedford 
in the offices of John H. Clifford and Harrison G. O. Colby, and was admitted to the 
Bristol county bar in 1845. After his admission he associated himself with John 11. 
Clifford, and the partnership continued until Mr. Clifford was inaugurated governor 
of the Commonwealth in January, 1853. He was appointed district attorney for the 
Southern District, and continued in office six years. In 1859 he was appointed asso 
ciate justice of the Superior Court, established in that year, and in 1869, on the pro- 
motion of Seth Ames to the Superior Judicial Court, he was made chief justice. In 
1890 he resigned and no man ever left the bench of a Massachusetts court more re- 
spected and beloved. He married, at New Bedford, October 20, 1*47, Eliza Endicott, 
daughter of Thomas and Sylvia (Perry) Swain, and has many years lived in Salem. 

James Madison Barker, son of John V. and Sarah (Apthorp) Barker, was born in 
Pittsfield, Mass., October 23, 1839, and was fitted at various schools and academies 
for Williams College, where he graduated in I860. He studied law at the Harvard 
Law School and was admitted to the Suffolk bar January 13, 1863. He at once opened 
an office in Pittsfield and continued in practice there, associated at different times 
with Charles N. Emerson and Thomas P. Pengree until 1882, when he was appointed 
judge on the bench of the Superior Court. In 1891 he was promoted to a seat on the 
bench of the Supreme Judicial Court, which he still occupies. He was a member of 
the Massachusetts House of Representatives in 1872-73, and a commissioner on the 
revision of the statutes in 1881. He married in Bath, N. Y., September 21, L864, 
Helena, daughter of Levi Carter and Pamelia Nelson (Woods) Whiting. 

Caleb Blodgett, son of Caleb and Charlotte (Piper) Blodgett, was born in Dorches- 
ter, N. H., June 3, 1832, and received his early education at the Canaan, N. H., Acad- 
emy, and the Kimball Union Academy, Meriden, N. H. He graduated at Dartmouth 
College in 1856 and afterwards taught for two years the Leominster, Mass., High 
School. He studied law in the office of Bacon & Aldrich in Worcester, and was ad- 
mitted to the bar in Worcester in February, 1860. He opened an office in Hopkin- 
ton, but afterwards removed to Boston, where he was associated in business with 
Halsey J. Boardman until 1882, when he was appointed judge of the Superior Court. 
In 1882 he received from Dartmouth the degree of LL. D. He married, December 14, 
1865, at Canaan, N. H., Roxie B., daughter of Jesse and Emily A. (Green) Martin. 

Chester W. Eaton, son of Lilley and Eliza (Nichols) Eaton, was born in Wakefield, 
Mass., January 13, 1839, and was educated in the public schools and at Dartmo 
College. He studied law at the Harvard Law School and was admitted to the Suffolk 
bar January 16, 1864. He began to practice in South Reading, now Wakefield, and 
in 1868 opened an office in Boston, continuing to practice in both places. He served 
during the war as a private in the Fiftieth Massachusetts Regiment and has held in 



±o\ HISTORY OF THE BENCH AND BAR. 

Wakefield the positions of town clerk, collector, and treasurer of the Wakefield Sav- 
ings Bank, and many others indicative of the confidence reposed in him by the citi- 
zens of his native town. He married Emma G., daughter of Rev. Giles and Eliza- 
beth (Thompson) Leach in Rye, N. H., May 14. 186"8. 

J i si i\ I )ewey, son of Justin and Melinda(Kelsey) Dewey, was born in Alford, Mass., 
June 12, 1836, and fitted in Alford and Great Barrington for Williams College, where 
he graduated in 1858. He studied law in Great Barrington in the office of Increase 
Sumner and was admitted to the Berkshire bar in November, 1860. He was a mem- 
ber of the Massachusetts House of Representatives in 1862 and 1877, and a member 
of the Senate in 1879. In 1886 he was appointed judge of the Superior Court and is 
still on the bench. He married Jane, daughter of George and Clara (Wadhams) Stan- 
lev in Great Barrington, February 8, 1865. 

[ wii.s Robert Dunbar, son of Henry W. and Elizabeth (Richards) Dunbar, was 
born in Pittsfield, Mass., December 23, 1847, and graduated at Williams College in 
1871. He studied law at the Harvard Law School and in Westfield in the office of Henry 
M. Whitney, with whom he formed a partnership in 1874. He was in the Senate in 
lss.") and 1886, and his service and deportment there gave him a reputation which led 
to his appointment in 1888 to a seat on the bench of the Superior Court. He married, 
May 15, 1875, at Westfield, Harriet P., daughter of George A. and Electa N. (Lin- 
coln) Walton, and he now resides in Newton. 

John Wilkes Hammond, son of John AVilkes and Maria Louisa (Southworth) Ham- 
mond, was born in Mattapoisett (then Rochester), December 16, 1887, and fitted at 
the public schools of his native town for Tufts College, where he graduated in 1861. 
After leaving college he taught school in Tisbury, Stoughton, Wakefield and Melrose, 
serving, during an interval, nine months in the Third Massachusetts Regiment. He 
studied law at the Harvard Law School and in Boston in the office of Sweetser & 
Gardner, and was admitted to the Middlesex bar in March, 1861. He practiced in 
Cambridge and was representative in 1872 and '73, city solicitor three years, and was 
appointed in 1886 to the seat he continues to occupy on the bench of the Superior 
Court. He married in Taunton, August 15, 1866, Clara Ellen, daughter of Benjamin 
F. and Clara (Foster) Tweed, and lives in Cambridge. 

William H. Hart, son of William and Elizabeth (Bruce) Hart, was born in Lynn, 
Mass., December 22, 1836, and was educated in the public schools. He entered the 
army in 1862 as a private in the First Massachusetts Heavy Artillery and was after- 
wards sergeant and second lieutenant in that regiment. In 1864 he joined the 
Thirty-sixth Regiment of Hnited States Colored troops as captain and was promoted 
to lieutenant-colonel, and was for a time assistant adjutant-general and assistant in- 
spector-general in the Twenty-fifth Corps. He studied law in the Harvard Law 
School, and was admitted to the Suffolk bar, June 20, 1874. He is a special justice of 
the Chelsea Police Court and resides in Chelsea. He married Susan J u daughter of 
Samuel and Susan (Waterman) Harris, in Springfield, February 1, 1866. 

M vrcus P. Knowlton, son of Merrick and Fatima (Perrin) Knowlton, was born in 
Wilbraham, Mass., February 3, 1839, and received his early education at the public 
schools and at Monson Academy. He graduated at Yale in 1866, and after leaving 
college served a year as teacher of the Union School in Norwalk, Conn. He studied 
law in the office of James G. Allen, of Palmer, Mass., and in the office of John Wells 



BIOGRAPHICAL REGISTER. 205 

and Augustus L. Soule, in Springfield, and was admitted to the bar in 1862, in 
Springfield, where he has since always lived. In 1881 he was appointed judge of the 
Superior Court and in 1887 was promoted to the seat on the bench of the Supn 
Judicial Court which he still occupies. He married Sophia, daughter of William 
Saba A. (Cushman) Ritchie at Springfield, July 18, 1867. 

Henry Cabot Lodge, son of John Ellerton and Anna (Cabot) Lodge, was born in 
Boston, May 12, 1850. He attended the schools of Thomas Russell Sullivan 
Epes Sargent Dixwell, .and after visiting Europe in lSP>(i he entered Harvard and 
graduated in 1871. He graduated also at the Harvard Law School in 1874, and was 
admitted to the Suffolk bar in April, 1875. He entered at once on a literary rather 
than a legal career, and at various times before 1881 edited the North American 
Review, the International Review, and was employed at Harvard as a lecturer on 
American History. He was a member of the Massachusetts House of Representa- 
tives in 1880 and '81, and since that time, though engaged at intervals on literary 
work, has trod the paths of politics. He has published " Lives of Alexander Hamil- 
ton and George Washington and Daniel Webster" in the "American Statesmen 
Series," and edited the " Public Life and Letters of George Cabot," and the " Works 
of Alexander Hamilton." In 1886 he was chosen member of Congress from the dis- 
trict which includes Nahant, the place of his residence, and has been chosen by the 
Legislature of 1893 United States senator for six years. In 1878 he was chosen a 
member of the Academy of Arts and Sciences, in 1879 a trustee of the Boston Athene- 
um, in 1880 an honorary member of the Cobden Club, in 1879 delivered the Fourth 
of July oration in Boston, and in 1880 delivered a course of lectures before the Lowell 
Institute on the English Colonies in America. He married in Cambridge, June '29, 
1871, Anna Cabot Mills, daughter of Rear-Admiral Charles H. Davis. 

Albert Mason, son of Albert T. and Arlina (Orcutt) Mason, was born in Middle- 
boro', Mass., November 7, 1836, and was educated in the public schools and in the 
Pierce Academy in Middleboro', After engaging for a time in the manufacturing 
business in Plymouth, he studied law in that town in the office of Edward L. Sher- 
man, and was admitted to the Plymouth bar February 15, 1860. Soon after begin- 
ning practice in Plymouth he enlisted as a private in one of two companies raised by 
William T. Davis at the request of Governor Andrew, for the Thirty-eighth Regi- 
ment of Massachusetts Volunteers, and was recommended by Mr. Davis for a com- 
mission as second lieutenant in Company F of that regiment. He received the com- 
mission and served until 1865 as second lieutenant, first lieutenant, captain and assis- 
tant quartermaster. On his return from the army he resumed his practice in Plymouth 
and later opened also an office in Boston and was associated in business in either 
Plymouth or Boston, or both, with Arthur Lord and Benjamin R. Curtis. He was a 
member and the chairman of the Board of Selectmen of Plymouth from 1S(K> to L873 
inclusive, and a representative from Plymouth in 187:) and '74. In 1874 he was ap- 
pointed a member of the Board of Harbor Commissioners and in that year moved 
from Plymouth to Brookline, where he still resides. In 1882 he was appointed judge 
of the Superior Court and in 1891) was appointed to succeed Lincoln Flagg Brigham as 
chief justice of that Court. He married Lydia F. , daughter of Nathan and Experi- 
ence (Finney) Whiting at Plymouth, November 25, 1857. 

Ei.isha Burr Maynard, son of Walter and Hannah (Burr) Maynard, was born in 
Wilbraham, Mass., November 21, 1842, and received his early education at the pub- 



2 o6 HISTORY OF THE BENCH AND EAR. 

lie schools. He graduated at Dartmouth College in 1867, and studying law in Spring- 
field, Mass., in the office of George M. Stearns and Marcus P. Knowlton, was ad- 
mitted to the Hampden county bar in 1868. He always practiced in Springfield un- 
til 1891, when he was appointed judge of the Superior Court. In 1879 he was a mem- 
ber of the Massachusetts Hoiise of Representatives and in 1887 and '88 was mayor 
of Springfield, where he still lives. He married Kate C, daughter of Calvin and 
Sarah (Townshend) Doty, of Springfield, Penn., August 25, 1870. 

Bushrod Morse, son of Willard and Eliza (Glover) Morse, was born in Sharon, 
Mass., August 24, 1837, and received his early education in the public schools, the 
Providence Conference Seminary, and the Pierce Academy in Middleboro', Mass. 
He took part of a course at Amherst College in the class of 1860, leaving college on 
account of his health. He studied law in North Easton and Boston, and was ad- 
mitted to the bar in Boston November 5, 1864. He has been a member of the School 
Committee of Sharon, where, though practicing in Boston, he still resides, was a 
representative in 1870, '83 and '84, presidential elector in 1884, and Democratic candi- 
date for Congress in 1886 and 1890. He is now one of the special justices of the 
Southern Norfolk District Court. He married Gertie S., daughter of James and 
Sarah A. (Loomer) Gertridge, in Windsor, Nova Scotia, September 29, 1871. 

John Torrev Morse, son of John Torrey and Lucy Cabot (Jackson) Morse, was 
born in Boston, January 9, 1840, and received his early education at private schools 
in Boston. He graduated at Harvard in 1860, and after reading law in the office of 
John Lowell in Boston was admitted to the Suffolk bar, August 4, 1862. After prac- 
ticing about eighteen years, during which his tastes were leading him into a literary 
career, he abandoned the law and has since that time devoted himself to more con- 
genial work in the field of literature. He has published many works, among which 
maybe mentioned " The Law of Banks and Banking," "The Law of Arbitration 
and Award," the " Life of Alexander Hamilton," and biographies of Thomas Jeffer- 
son, John Adams, John Quincy Adams, and Benjamin Franklin, published in the 
Statesmen Series. He has been also a frequent and valuable contributor to the pages 
of law and other magazines and to the columns of the daily press. He married 
Fanny, daughter of George O. Hovey, of Boston, in 1865, and resides in Boston. 

Marcus Morion, a descendant of George Morton, one of the early Plymouth colo- 
nists and son of Nathaniel and Mary (Gary) Morton, was born in Freetown, Mass., 
February 19, 1784, and graduated at Brown University in 1804. He studied law at 
the Law School iti Litchfield, Conn., and was admitted to the Norfolk county bar 
about 1807, and settled in Taunton, Mass. He was clerk of the Massachusetts Senate 
in 1811, member of Congress from 1817 to 1821, member of the Executive Council in 
1823, and lieutenant-governor in 1824. In 1825 he was appointed by Governor Levi 
Lincoln judge of the Supreme Judicial Court, and resigned in 1840 to take his seat as 
governor of the Commonwealth, a position which he again held in 1843. In 1845 he 
was appointed by President Polk collector of the port of Boston, and continued in office 
until 1848. He was a member of the Constitutional Convention of 1853, and a member 
of the Massachusetts House of Representatives in 1858. He received the degree of 
LL.D. from Harvard in 1840. He married in 1807, Charlotte, daughter of James 
Hodges, of Taunton, and died in Taunton February 6, 1864. 

Marcus Morton, jr., son of Marcus and Charlotte (Hodges) Morton, was born in 
Taunton April 8, 1819, and graduated at Brown University in 1838. He graduated 



BIOGRAPHICAL REGISTER. 2 o 7 

also at the Harvard Law School inl840, and after further pursuing his studies in Hus- 
ton in the office of Peleg Sprague and William Gray, was admitted to the Suffolk bar 
July 12, 1841. In 1850 he removed to Andover and represented that town in the 
Constitutional Convention of 1853, and in the Legislature of 1858. In the latter 
year he was appointed judge of the Superior Court of Suffolk county to succeed 
Josiah G. Abbott, who had resigned, and remained on the bench until the abolition 
of that court in 1859. In the organization of the Superior Court for the Common- 
wealth he was appointed one of the justices, and there he remained until ls<i9, when 
he was appointed a judge of the Supreme Judicial Court. In 1882 he was made chief 
justice to succeed Horace Gray, who had been appointed an associate judge of the 
United States Supreme Court, and served until 1890, when he resigned. He married 
Abby B., daughter of Henry and Amy (Harris) Hoppin at Providence, R. P., 
October 19, 1843, and died at Andover February 10, 1891. 

Marcus Morton 3d, son of Marcus and Abby B. (Hoppin) Morton, was born in 
Andover, Mass., April 27, 1862, and was fitted at Phillips Andover Academy for Vale 
University, where he graduated in 1883. He studied law at the Harvard Law School 
and in Boston in the office of Robert M. Morse, jr., and was admitted to the Suffolk 
bar January 20, 1886. His residence is in Andover. 

Nathaniel Foster Safford, son of Nathaniel Foster and Hannah (Woodbury) Saf- 
ford, was born in Salem, Mass., September 19, 1815, and graduated at Dartmouth in 
1835. He studied law in Salem in the office of Asahel Huntington, and was ad- 
mitted to the Essex bar in 1838. He practiced law in Dorchester and Milton many 
years, but for thirty years before his death his office was in Boston. He was a rep- 
resentative from Dorchester in 1850-51, and was chairman of the Norfolk Board of 
County Commissioners twenty-one years. He married Josephine Eugenia, daughter 
of Joseph and Mary (Wheeler) Morton at Milton, February 10, 1845, and died at Mil- 
ton, April 22, 1891. 

Roiiert Alexander South worth, son of Alexander and Helen Southworth, was 
born in Medford, Mass., May 6, 1852, and graduated at Harvard in 1874. He studied 
law in the office of Charles T. & Thomas H. Russell in Boston, and was admitted to 
the Suffolk bar May 25, 1876. He was assistant clerk of the Massachusetts House of 
Representatives four years, and a member of the Senate in 1888. He married Mary 
Eliza, daughter of William H. and Sarah A. B. Finney, and lives in Boston. 

Hamilton Barclay Staples, son of Welcome and Susan Staples, was born in Men- 
don, Mass., Februarv 14, 1829, and graduated at Brown University in 1851. He 
studied law in Providence, R. I., and in Worcester, Mass., and was admitted to the 
Worcester bar in 1854. He practiced in Milford until 1809, associated at different 
times with Adin Ballou Underwood, and John C. Scammell, and Charles A. Dewey, 
and William F. Slocum, and in that year moved to Worcester, where he was associ- 
ated with Francis P. Goulding until 1881, when he was appointed judge on the bench 
of the Superior Court. For eight years he was district attorney of the Middle District. 
In 1884 he received the degree of LL.D. from his alma mater. He married Elizabeth 
A. Godfrey in Mendon in 1858, and October 8, 1868, at Northampton, Mary Clinton, 
daughter of Charles A. Dewey. He died in 1891. 

Thomas M. Stetson, son of Rev. Caleb and Julia Ann (Meriam) Stetson, was born 
in Medford, Mass., June 15, 1830, and graduated at Harvard in 1849. He studied 



208 HISTORY OF THE BENCH AND BAR. 

law at the Harvard Law School, and was admitted to the Suffolk bar April 10, 1854. 
He settled in New Bedford, where he has always continued to practice, associated at 
various times with Thomas D. Eliot, Robert C. Pitman, and later with his son, Eliot 
1). Stetson. He married Caroline Dawes, daughter of Thomas Uawes and Frances 
L. (Brock) Eliot, of Xew Bedford, wdiere he still resides. 

Homer Bemis Stevens, son of Washington and Ruth Simons (Bemis) Stevens, was 
born in Norwich, now Huntington, Mass., September 9, 1885, and graduated at Will- 
iams College in 1857. He studied law in Westfield and after admission to the bar 
settled in Boston but finally connected himself in business with E. B. Gillett in West- 
field, where he is now standing justice of the Western Hampden District Court. He 
married Mariette, daughter of Moses and Juvenelia (Curtis) Hannum, of Huntington 
(formerly Norwich.) 

Charles Warren Sumner, son of Charles C. and Clarissa (Lane) Sumner, was 
born in Foxboro', Mass., December 3, 1S4S, and graduated at Tufts College in 1869. 
He studied law in Boston in the office of Moorfield Storey, and was admitted to the 
Norfolk bar in April, 1S72. He remained one year in Boston, and in August, 1873, 
removed to Brockton, where he continued in practice until his death, associated until 
1881 with Jonathan White. In 1874 he was appointed a special justice of the First 
Plymouth District Court; and in 1885 he was appointed justice of the Brockton 
Police Court, which position he held until he was appointed district attorney for the 
Southeastern District, to fill a vacancy caused by the resignation of Hosea Kingman. 
In November, 1889, he was chosen to fill out the. unexpired term of his predecessor, 
and died in January, 1890. He married Clara G., daughter of Ellis and Abby (Heard) 
Packard in Brockton September 1, 1874. 

William Hawthorne, or Hathorne, was born in England in 1608, and settled in 
Dorchester, Mass., from whence he removed to Salem in 1636. He was a deputy to 
the General Court, and speaker from May 29, 1644, to October 2, 1645, and an assistant 
from 1662 to 1679. He died in Salem in 1681. 

Eleazer Lusher was an assistant from 1662 to 1672. 

John Pynchox was born in England in 1625, and came to Massachusetts in 1648 
and settled in Springfield. He was the son of William Pynehon already referred to. 
He was a deputy to the General Court in 1659-62-63, and an assistant from 1665 to 
1686. He was one of the founders of Northampton, and died January 17, 1703. 

Edward Tyng was an assistant from 1668 to 1680. 
Thomas Clarke was an assistant from 1673 to 1677. 

Peter Bulkley, son of Rev. Peter Bulkley, was born in Concord, Mass., August 
12, 1643, and graduated at Harvard in 1660. He was representative many years and 
speaker of the House of Deputies from May 19, 1669, to May 31, 1671, and again from 
May 15 f 1672, to May 7, 1673. He was an assistant from 1667 to 1684, and died at 
Concord in May, 1688. 

Humphrey Davy was an assistant from 1679 to 1686. 
Peter Tilton was an assistant from 1680 to 1686. 

John Richards, son of Thomas, was born in England, and came to Massachusetts 
with his father in 1630. He was treasurer of Harvard College from 1669 to 1682, and 
again from 1686 to 1693. He was a deputy from Newbury from 1671 to 1673, and 






BIOGRAPHICAL REGISTER. 209 

afterwards from Hadley in 1675, and from Boston in 1(579-80, and speaker of the 
House in the last two years. He was an assistant from 1080 to 1686, and a judge of 
the Superior Court of Judicature from 1692 to 1694. He died April 2, 1694. 

John Hull was an assistant from 1680 to 1683. 

Bartholomew Gedney was a physician and lived in Salem. He was born in 1640, 
and was an assistant from 1680 to 1688, and a member of the Councils of 1 >udley and 
Andros. He was one of the judges appointed in 1692 to try the witches, and in the 
same year was appointed judge of probate for Essex county, and one of the judges of 
the Inferior Court of Common Pleas for that county. He died February 28, 1698 9. 

Thomas Savage was an assistant in 1680 and 1681. 

William Brown was born in Salem in 1639, and was the son of William. He was 
an assistant from 1680 to 1683, and died February 14, 1716. 

Samuel Appleton was an assistant from 1681 to 1686. 
Robert Pike was an assistant from 1682 to 1686. 
Samuel Fisher was an assistant in 1683. 
John Woodbridge was an assistant in 1683 and 1684. 
William Johnson was an assistant from 1684 to 1686. 

John Hawthorne, or Hathorne, son of William, was born in Salem about 1641, was 
assistant from 1684 to 1686, and judge of the Superior Court of Judicature from 
August 14, 1702, to June, 1712, and'died in Boston May 10, 1717. 

Elisha Hutchinson, son of Edward, was born in Boston in 1640 and was an assist- 
ant from 1684 to 1686. Though a merchant he was appointed, March 3, 1693, chief 
justice of the Inferior Court of Common Pleas for Suffolk county and remained on 
the bench until his death, December 10, 1717. 

Samuel Sew all, son of Henry, came from England in 1661 at the age of nine vears 
and graduated at Harvard in 1671. He studied divinity and occasionally preached, 
but probably had no settlement. He was an assistant from 1684 to 1686, and again 
after the deposition of Andros until-1692. Under the provincial government he was 
a member of the Council until 1725. In 1692 he was appointed one of the judges to 
try the witches, and on the organization of the Superior Court of Judicature he was 
made one of the associate justices. In 1718 he was appointed to succeed Wait Win- 
throp as chief justice, and served until 1728, when he resigned both that position and 
the office of judge of probate for Suffolk county, which he had held since 1715. He 
died in January, 1730. 

Isaac Addington, son of Isaac, was born in Boston January 22, 1645, and was edu- 
cated as a surgeon. He was a member of the House of Deputies and speaker in 
1685. In 1686 he was an assistant, and after the deposition of Andros was made 
secretary of the colony, an office he continued to hold under the provincial charter 
until his death. He was judge of the Inferior Court of Common Pleas for Suffolk 
county from March 3, 1693, to 1702, when he was appointed chief justice of the Su- 
perior Court of Judicature, and remained in office one year. He died March 19, 
1715. 

John Smith was an assistant in 1686. 

Oliver Purchase was chosen an assistant in 1685 and declined. 
27 



210 HISTORY OF THE BENCH AND BAR. 

( )ns Madison Shaw, son of Charles A. and Sophia L. Shaw, was born in Biddef ord, 
Me., December 7, 1857, and graduated at Bqwdoin College in 1881. He studied law 
at the Boston University Law School and in the office of Allen, Long & Hemenway 
in Boston, and was admitted to the Suffolk bar in 1884. He makes patent law a 
specialty. His residence is in Boston. 

Edward Hosmer Savary, sou of Rev. William H. and Anna (Hosmer) Savary, 
was born in Buffalo, N. V., July 22, 1864, and fitted at the Boston Latin School for 
Harvard, where he graduated in 1888. He studied law at the Harvard Law School 
and in Boston in the offices of Brooks & Nichols and Melville M. Weston, and was 
admitted to the Suffolk bar January 20, 1891, and to the Circuit Court of the United 
States January 23, 1892. He was the law editor of the Boston Real Estate Record 
from February to May, 1891. He resides in South Boston. 

Sumner Robinson, son of Charles and Rebecca T. (Ames) Robinson, was born in 
Charlestown, Mass., October 26, 1866, and graduated at Tufts College in 1888. He 
studied law at the Harvard Law School and was admitted to the Suffolk bar January 
21, 1891. He is a trustee of Tufts College and lives in Newton. 

William Everett Rogers, son of Edward and Charlotte A. (Barron) Rogers, was 
born in Webster, Mass., July 16, 1854, and was educated at the Hartford, Conn., 
High School and Trinity College, from which he graduated in 1877. He graduated 
also at the Boston University Law School in 1880, and continued his law studies in 
Franklin, N. H., in the office of Daniel Barnard, and in Boston in the office of J. H. 
Benton. He was admitted to the bar at Concord, N. H., in August, 1880, and at 
Boston in November of the same year. He has been a member of the School Board 
in Wakefield, Mass., where he resides, since 1887, and the treasurer of the Beebe 
Town Library in that town since 1886. He married, July 6, 1881, at Tilton, N. H., 
Ellen S. Cate, of Franklin, N. H. 

John Paul Robinson, son of Paul and Nancy (Gage) Robinson, was born in Dover, 
N. H., March 16, 1800, and after fitting at the Exeter Academy entered Harvard in 
1819. He failed to finish his course, but in 1845 received a degree of Master of Arts. 
In August, 1823, he entered the office of Daniel Webster in Boston as a student, and 
was admitted to the Suffolk bar July 9, 1827. He established himself in Lowell and 
continued in business there, serving as a representative in 1829-31, 1833, '39, and as 
senator in 1835. He was an eminent Greek scholar and a man of high attainments 
in other fields of literature. He married, October 2, 1837, Nancy, daughter of Ezra 
and Mary (Lang) Worthen, of Lowell, and died at the Insane Asylum, Somerville, 
October 19, 1864. 

John Gerry Robinson, son of Joseph H. and Eliza H. Robinson, was born in 
Marblehead, Mass., November 24, 1860, and was educated chiefly by private tutors. 
He studied law at the Georgetown Law School, in the office of Merrick & Morris in 
Washington, D. C, at the Boston University Law School and in the office of Hyde, 
Dickinson & Howe, of Boston, and was admitted to the Suffolk bar in June, 1886. His 
residence is in Melrose. 

John Jones Clarke, son of Rev. Pitt Clarke, of Norton, Mass., and Rebecca 
(Jones) Clarke, of Hopkinton, Mass., was born in Norton, Mass., February 24, 1803. 
He was educated at the Norton, Framingham and Andover Academies, and entered 



ii 





^^^^^V^-^^^^^ 




Biographical register. 



i\\ 



Harvard in 1819. In consequence of the rebellion, which occurred during his senior 
years, he with a large majority of his class failed to receive a degree, but in 1S41 the 
degree of Master of Arts was conferred on him. He studied law in the ofno 
Laban Wheaton, of Norton, and James Richardson, of Dedham, and was admitted 
to the Suffolk bar June, 20, 1828. He had previously been admitted in either Norfolk 
or Bristol counties to the Court of Common Pleas in 1826. He established himself in 
Roxbury, and made that place his residence during the remainder of life. In 1848 he 
associated himself in business with his brother, Manlius Stimson Clarke in Boston, 
retaining, however, his office in Roxbury for some years. On the death of his brother 
in 1853 he was associated for a time with Elias Merwin, and in 1854 with Lemuel 
Shaw, jr., with whom he remained until 1863, soon after which time he retired from 
business. He was a member of the Massachusetts House of Representatives from 
Roxbury in 1836 and 1837, a senator in 1853, and when Roxburv was made a city in 
1846 he was chosen its mayor, declining to serve more than one year. He married 
in 1830 Rebecca Cordis Haswell, and died in the Roxbury District of Boston Novem- 
ber 5, 1887. 

Manlius Stimson Clarke, son of Rev. Pitt and Rebecca (Jones) Clarke, of Norton, 
Mass., was born in Norton, October 17, 1816, and graduated at Harvard in 1837. He 
graduated at the Harvard Law School in 1840 and was admitted to the Suffolk bar 
in January of the same year, and was associated in business with George Tyler 
Bigelow until Mr. Bigelow was in 1848 appointed judge of the Court of Common 
Pleas. He then became associated with his brother, John Jones Clarke, who had 
previously practiced in Roxbury, and this partnership continued until his death, 
which occurred in Boston, April 28, 1853. He married, December 1, 1841, Frances 
Cordis Lemist, of Roxbury. 

Edward Sohier was the son of Edward Sohier, who came to America in 1750 
from St. Martins in the Island of Jersey. The father was born December 27, 
1724, and married in Boston, March 13, 1760, Susannah Brimmer. He died in Maine, 
May 23, 1794. The son, Edward, was born in Boston in September, 1762, and grad- 
uated at Harvard in 1781. He studied law in the office of John Lowell, and at a 
meeting of the Suffolk bar held on the 7th of July, 1784, it was voted, on motion of 
Mr. Lowell, " that Mr. Edward Sohier be recommended by the bar to the Court of 
Common Pleas this term for the oath of an attorney of that court." He married in 
1786, Mary Davies, and died October 28, 1793. 

William Davies Sohier, son of Edward and Mary (Davies) Sohier, was born in Bos- 
ton, March 14, 1787, and received his early education under Master Pemberton in 
Billerica, Mass. He graduated at Harvard in 1805, and after studying law with 
Christopher Gore, was admitted to the bar of the Common Pleas Court in July, 1808, 
and to that of the Supreme Judicial Court in March, 1810. He married, June 20, 1809, 
Elizabeth Amory Dexter, and died at Cohasset, June 11, 1868. 

Edward Dexter Sohier, son of William Davies and Elizabeth Amory (Dexter) 
Sohier, was born in Boston, April 24, 1810, and graduated at Harvard in 1829. He 
was admitted to the Suffolk bar in October, 1832, and in 1838 formed a partnership 
with Charles A. Welch, which continued till his death. Mr. Sohier was in many re- 
spects a remarkable man. He was a profound lawyer, full of resources, forcible in 
argument, sharp in repartee, conscientious in his management of cases, and withal 



Hi HISTORY OF THE BENCH AND BAR. 

as has been said " as witty as Sydney Smith and more agreeable." At a meeting 
of the Suffolk bar to pay due tribute to his memory, the presiding officer, Edward 
Bangs, said, "Asa lawyer he stood among the first; as a man, his courtesy, his 
honesty, his untarnished honor, the severe strictness of his integrity, made him re- 
markable, even among associates abounding in such virtues." He married, February 
16, 1836, Hannah Louis Amory, and died November 23, 1888. 

William Sohier, son of William Davies and Elizabeth Amory (Dexter) Sohier, was 
born in Boston, March 24, 1822, and graduated at Harvard in 1840. He studied law 
with Edward D. Sohier in Boston and with Samuel Fessenden and Thomas A. De 
Blois in Portland, Me., and was admitted to the Suffolk bar December 9, 1843. He 
married Susan Cabot, daughter of John Amory Lowell, of Roxbury, Mass., October 
11, 1846, and lives in Beverly, Mass. 

William Davies Sohier, son of William and Susan Cabot (Lowell) Sohier, was born 
in Boston, October 22, 1858, and was educated at private schools and at the Massa- 
chusetts Institute of Technology- He studied law at the Harvard Law .School and in 
the offices of Henry W. Paine and Robert D. Smith, and was admitted to the Suffolk 
bar in June, 1881, and later to the United States Circuit Court. He was a member 
of the Massachusetts House of Representatives from 1888 to 1891 from Beverly and 
was remarkably effective in his opposition to the division of that town. He married 
Edith F. Alden, December 13, 1880, and lives in Beverly. 

Augustus E. Scott, son of Rila and Sarah S. Scott, was born in Franklin, Mass., 
August is, 1838, and graduated at Tufts College in 1858. He studied law at the Law 
School in Albany, N. Y., and was admitted to the Suffolk bar September 12, 1866, 
having been previously admitted to the bar in New York. He was a member of the 
Massachusetts House of Representatives in 1879 and 1880, and a member of the Sen- 
ate in 1885 and 1886. He married Cecilia F. Gustine in New Orleans, January 20, 1891, 
and lives in Lexington. 

Robert Hermann Otto Schuz, son of Carl H. A. and Caroline (Weckell) Schuz, 
was born in Boston, April 7, 1866, and was educated at the Dedham public schools 
and the Boston University. He studied law in Boston with W. E. L. Dilloway, and 
in Dedham with Austin Mackintosh, and in the Boston University Law School. He 
was admitted to the Norfolk county bar at Dedham, May 22, 1888. He was counsel 
for the defendant in the Commonwealth vs. Philip Hoffman, arrested for the murder 
of Mary Emerson, of Dedham, in June, 1891, in which Hoffman was released from 
imprisonment by the Supreme Court in habeas corpus proceedings. He lives in 
Dedham. 

Andrew Ritchie, son of Andrew and Isabella (Montgomery) Ritchie, was born in 
Boston, July 18, 1782, and graduated at Harvard in 1802. He studied law with Rufus 
Greene Amory in Boston and was admitted to the Suffolk bar in July, 1805. In 1808 
he was the Fourth of July orator in Boston. He married, March 27, 1807, Maria Cor- 
nelia, daughter of Cornelius Durant, a West India planter, and December 2, 1823, 
Sophia Harrison, daughter of Harrison Gray Otis. He died at Newport, R. I., Au- 
gust 7, 1862. 

Charles Robertson Saunders, son of Charles Hicks and Mary Brooks (Ball) 
Saunders, was born in Cambridge, Mass., November 22, 1862, and fitted at the Cam- 
bridge High School for Harvard, where he graduated in 1884. He graduated also at 



BIOGRAPHICAL REGISTER. 



213 



the Harvard Law School and was admitted to the Suffolk bar January IT, 1888. 
He was in college president of the Harvard Union, and has been since president of 
the Cambridge Lyceum. He lives in Cambridge. 

Daniel Saunders, son of Daniel and Phoebe F. (Abbott) Saunders, was horn in 
Andover, Mass., and was educated at Phillips Andover Academy. He studied law 
at the Harvard Law School and in the offices of Josiah G. Abbott and Samuel A. 
Brown in Lowell, and was admitted to the bar in Cambridge, January 1, 184."). He 
has been a member of both houses of the Massachusetts Legislature and mayor of 
Lawrence, where he resides. He married at Lowell, October 7, 1846, Mary J. , daughter 
of Judge Edward St. Loe Livermore. 

Louis Carver Southard, son of William L. and Lydia Carver Dennis Southard, 
was born in Portland, Me., April 1, 1854, and was educated at the Portland public 
schools, the Dorchester High School and the Maine State College. He studied law 
with W. W. Thomas and Clarence Hale in Portland and at the Boston University 
Law School. He was admitted to the bar in Portland in October, 1877, and later to 
the bar in Massachusetts. He was a member of the Massachusetts House of Repre. 
sentatives from the Second Bristol District in 1887. He has been an active Republi- 
can, serving as the president of the Republican Club of Easton, and member of the 
Republican State Committee. He has been counsel in important cases, among which 
were the Robert Treat Paine will case and others equally well known. He married 
Nellie Copeland, daughter of Joseph and Lucy A. Copeland, of Easton. He has been 
engaged largely in newspaper work and was from 1877 to 1880 editor of the Easton 
Journal. His residence is at North Easton. 

William Channing Appleton was born in Boston, October 25, 1812, and graduated 
at Harvard in 1832. He graduated also at the Harvard Law School in 1836, and was 
admitted to the Suffolk bar in August in that year. He died in the Roxbury District 
of Boston, August 8, 1892. 

Thomas Andrews Watson was born in Boston, December 19, 1823, and graduated at 
Harvard in 1845. He graduated also from the Harvard Law 7 School in 1848, and was 
admitted to the Suffolk bar April 10, 1849. In 1852 he left Boston and moved to New 
York, where he became one of the leading real estate lawyers of the city, holding for 
fifteen years prior to his death a place of responsibility in the real estate department 
of the New York Mutual Life Insurance Company. He died in New York city, May 
15, 1892. 

James Ancrum Winslow was born in Roxbury, Mass., April 29, 1839, and graduated 
at Harvard in 1859. In 1865 he appears in the roll of members of the Suffolk bar. He 
died at Binghamton, N. Y., June 27, 1892. 

Frederick Dabney was born at Fayal, Azores, August 9, 1846, and graduated at 
Harvard in 1866. He was admitted to the Suffolk bar December 13, 1869. He died 
at Boston July 24, 1892. 

Arthur Lincoln Allen was born in West Cambridge, Mass., September 28, 1863, 
and graduated at Harvard in 1885. He graduated also at the Harvard Law School 
in 1888, and was admitted to the Suffolk bar in that year. He died at Arlington, 
May 16, 1892. 

Edward Mellen was born in Westboro', Mass., in 1802, and graduated at Brown 
University in 1823. He was admitted to the bar in 1828 and settled in Wayland. In 



2i 4 HISTORY OF THE BENCH AND BAR. 

1847 he was appointed judge of the Court of Common Pleas, and in 1854 succeeded 
Daniel Wells as chief justice of that court. He remained on the bench until the 
Common Pleas Court was abolished in 1859, when he settled in Worcester, and died 
in 1875. 

Mathew James McCafferty was born in Ireland in 1829. He studied law in Low- 
ell, and was admitted to the Middlesex bar in March, 1857. He practiced in Worces- 
ter after leaving Lowell, and was appointed judge of the Boston Municipal Court 
January 24, 1883, and died in Boston May 5, 1885. 

Benjamin Lynde was born in Salem, September 22, 1666, and graduated at Harvard 
in 1686. In 1692 he went to England and studied law in the Middle Temple, London. 
In 1697 he returned to Massachusetts with a commission as advocate general of the 
Court of Admiralty for Massachusetts, Connecticut and Rhode Island. In 1699 he re- 
moved from Boston to Salem and continued his residence there until his death. He 
was appointed judge of the Superior Court of Judicature in 1712, and in 1729 was 
made chief justice. He married a daughter of William Browne, of Salem, and died 
January 28, 1749. 

Benjamin Lynde, jr., son of Benjamin Lynde above mentioned, was born in Salem, 
October 5, 1700, and graduated at Harvard in 1718. He was appointed in 1739 judge 
of the Inferior Court of Common Pleas for Essex county, and in 1S45, the year of his 
father's resignation as chief justice of the Superior Court of Judicature, he was made 
a justice of that court. In 1769 he was made chief justice and resigned in 1771. After 
leaving the bench he was appointed judge of probate for Essex county, and held that 
position until his death, which occurred October 9, 1781. 

Stephen Sewall, son of Stephen Sewall, of Newbury, and nephew of Chief Justice 
Samuel Sewall, was born in Salem, December 18, 1704, and graduated at Harvard in 
1721. After leaving college he taught school in Marblehead and served as tutor at 
Harvard College from 1728 to 1739. He was appointed judge of the Superior Court of 
Judicature in 1739, and in 1752 was made chief justice to succeed Paul Dudley. He 
died unmarried, September 10, 1760. 

Peter Oliver, son of Daniel, was born in Boston, March 26, 1713, and graduated at 
Harvard in 1730. He early established himself in Middleboro', Mass., and occupied 
a seat on the bench of the Inferior Court of Common Pleas for Plymouth county 
from 1747 to 1756. On the 14th of September, 1756, he was appointed judge of the 
Superior Court of Judicature, and in 1771 was made chief justice to succeed Benjamin 
Lynde, jr., who had resigned. In 1774, by a modification of the charter, the salaries 
of the judges were made payable by the crown and the salary of the chief justice 
was increased to £400. All the judges except Oliver, yielding to popular clamor, re- 
fused to receive their salaries from the crown, and notwithstanding the expressed 
wishes of the Legislature, he continued his refusal to decline accepting any grant 
except from the General Court. In 1775 he left the bench and went to England when 
the British troops evacuated Boston in 1776, and died at Birmingham, England, 
October 13, 1791. During his residence in England he received the degree of LL. D. 
from the University of Oxford. 

Peter Oliver, son of Dr. Daniel Oliver, was born in Hanover, N. H., in 1821, and 
graduated at the Harvard Law School in 1842. "He was admitted to the Suffolk bar 
May 7, 1844, and died in 1855, while on a voyage which he had undertaken for his 



BIOGRAPHICAL REGISTER. 2I$ 

health. He left the manuscript of "The Puritan Commonwealth," which was pub- 
lished in 1856 by his brother, F. E. Oliver. 

John Walley, son of Rev. Thomas Walley, was born in Barnstable in 1644, and 
was an assistant in the Plymouth colony from 1684 to 1686. He was one of the 
founders of the town of Bristol, and was appointed in 1700 a judge of the Superior 
Court of Judicature, remaining on the bench until his death, which occurred in Bos- 
ton January 11, 1712. 

John Saffin was born in England, and coming to New England about 1650 settled 
in Scituate. He afterwards removed to Boston, and was speaker of the House of 
Deputies in 1686. In 1688, or about that time, he removed to Bristol, and was ap- 
pointed judge of probate for Bristol county, after the accession of William and Mary, 
holding the office until 1702. In 1701 he was appointed judge of the Superior Court 
of Judicature and held the office one year. He married three wives — first in 1668, 
Martha, daughter of Thomas Willet ; second in 1680, after he removed to Boston, 
Elizabeth, widow of Peter Lidget, and third Rebecca, daughter of Samuel Lee, of 
Bristol. He died at Bristol July 29, 1710. 

Jonathan Curwin was born in Salem in November, 1640, and always had his resi- 
dence there. He was appointed in 1692 one of the judges of the court to try the 
witches in the place of Nathaniel Saltonstall who had declined. In the same year he 
was appointed judge of the Inferior Court of Common Pleas for Essex county, and 
held that office until 1708, when he was appointed one of the judges of the Superior 
Court of Judicature. In 1715 he resigned, and died in June, 1718. 

Nathaniel Thomas, son of Nathaniel and Deborah (Jacob) Thomas, of Marshfield, 
was born in Marshfield about 1665. He was the great-grandson of William Thomas, 
one of the merchants of London who assisted the Pilgrims in their enterprise and who 
came to New England and settled in Marshfield in 1630. He was evidently bred as a 
lawyer, and in 1686 took the oath as an attorney of the Superior Court. He was a 
judge of the Inferior Court of Common Pleas for Plymouth county from 1702 to 1712, 
wffien he was appointed to a seat on the bench of the Superior Court of Judicature, 
which he resigned in 1718. Judge Washburn in his Judicial History of Massachusetts 
errs in stating that Gen. John Thomas of the Revolution was a descendant of Na- 
thaniel. The general belonged to an entirely distinct Thomas family and was de- 
scended not from William, the ancestor of Nathaniel, but from John, who came an 
orphan in the ship Hopewell from London in 1635 and also settled in Marshfield. 
The only connection between the descendants in the present generation of the two 
ancestors William and John, arises from the marriage of Gen. John Thomas with 
Hannah Thomas, a granddaughter of Judge Thomas, the subject of this sketch. 
Judge Thomas, the subject of this sketch, died in 1718, the year he left the bench. 
He married in 1694, Mary, daughter of John Appleton, of Ipswich. 

Edmund Quincy, son of Edmund Quincy, of Braintree, was born in Braintree, Oc- 
tober 24, 1681. He graduated at Harvard in 1699. In 1713 he was commissioned 
colonel of the Suffolk regiment, was many years a representative, and in 1715 was 
chosen a member of the Council. In 1718 he was appointed a judge of the Superior 
Court of Judicature, and held that seat until his death. He was appointed in IVM an 
agent of Massachusetts, and went to England in the performance of his duties touch- 



216 HISTORY OF THE BENCH AND BAR. 

ing the boundary line between the provinces of Massachusetts and New Hampshire. 
He was inoculated for the small-pox in London, and died of the disease February 23, 

1 for* 
1 I ill . 

John Cushing was born in Scituate in 1662. In 1702 he was appointed chief justice 
of the Inferior Court of Common Pleas for Plymouth county, and held his seat until 
1728, when he was appointed to a seat on the Superior Court bench, which he occu- 
died until 1733. He died at Scituate in 1737. 

Jonathan Remington was born in Cambridge about 1677, and graduated at Har- 
vard in 1696. He was appointed chief justice of the Inferior Court of Common Pleas 
for Middlesex county in 1713 to succeed John Phillips, and in 1731 was made judge of 
probate for that county. In 1733 he was made judge of the Superior Court of Judi- 
cature and remained on the bench until his death, which took place September 20, 
L745. 

Thomas Greaves was born in Charlestown in 1684, and graduated at Harvard in 
1703. He was a judge of the Inferior Court of Common Pleas for Middlesex county 
from 1733 to 1738 and from 1739 to 1747. During the year 1738 he occupied a seat on 
the Superior Court bench. He died June 19, 1747. 

Nathaniel Hubkard graduated at Harvard in 1698, and for many years resided in 
Bristol. He was a judge of the Inferior Court of Common Pleas for Bristol county 
from 1728 to 1745, and in the latter year was promoted to the bench of the Superior 
Court. In 1729 he was appointed by Nathaniel By field deputy judge of admiralty 
for Bristol county in Massachusetts, and the colony of Rhode Island and the Narra- 
ganset country. He died in 1747, while occupying his seat on the Superior bench. 

John Cushing, son of Judge John Cushing, previously mentioned, was born in Scit- 
uate in 1695, and always made that town his place of residence. From 1746 to 1763 
he was a member of the Council, and from 1738 to 1746 judge of probate for Plymouth 
county. From 1738 to 1747 he was one of the justices of the Court of Common Pleas 
for Plymouth county, and in the latter year was made a judge of the Superior Court 
of Judicature. He resigned his seat in 1771, and died in 1778. 

Chambers Russell, son of Daniel Russell, was born in Charlestown in 1713, and 
graduated at Harvard in 1731. From 1747 to 1752 he was one of the judges of the 
Court of Common Pleas for Middlesex county, and a member of the Council in 1759 
and 1760. He was also appointed in 1747 judge of vice-admiralty over New Hamp- 
shire, Massachusetts and Rhode Island. He early in life established himself in Con- 
cord and represented that town in the General Court. He was appointed judge of the 
Superior Court in 1752 and remained on the bench until his death, which occurred in 
Guilford, England, November 24, 1766. Judge Russell was one of the few judges up 
to his time educated in the law. 

Edmund Trowbridge was born in Newton in 1709, and graduated at Harvard in 
1727. He was trained as a lawyer and in 1749 was appointed attorney-general of the 
Province. In 1764 and 1765 he was a member of the Council, and in 1767 was ap- 
pointed a judge of the Superior Court of Judicature. He resigned in 1775 and died 
at Cambridge, April 2, 1793. 

Foster Hutchinson, a brother of Governor Thomas Hutchinson and son of 
Thomas, a merchant of Boston, was born in Boston about 1702 and graduated at 




-'■>' g 



BIOGRAPHICAL REGISTER. 217 

Harvard in 1721. Though a merchant he was appointed judge of the Inferior 
Court of Common Pleas for Suffolk in 1758, and remained in that court until 1771, 
when he was promoted to the Superior Bench. In 1709 he was appointed judge of 
probate for Suffolk county, and retained this office together with bis scat on the 
bench until the Revolution when he went to England with other loyalists and there 
died. 

Nathaniel Ropes was born in Salem, May 20, 1726, and graduated at Harvard in 
174.'). He was a member of the Council from 1762 to 1709, and in 1701 was appointed 
judge of probate for Essex county and chief justice of the Court of Common Picas for 
that county. He was appointed judge of the Superior Court of Judicature in 1 772, 
and remained on the bench until his death, March 18, 1774. 

William Ci suing, son of John Cushing already mentioned, was born in Scituate, 
March 1, 1732, and graduated at Harvard in 1751. He studied law with Jeremiah 
Gridley in Boston, and settled in Pownalboro, Me., in 1755. In 1760 he was appointed 
judge of probate for Lincoln county, and in 1772 was appointed judge of the Superior 
Court, retaining his seat through the Revolution and being appointed in 1777 chief 
justice, a position which he continued to hold in the Supreme Judicial Court after its 
establishment in 17S2. In 1789 he was appointed to the bench of the Supreme Court 
of the United States. In 1790, on the resignation of Chief Justice Jay, he was ap- 
pointed as his successor, but declined, remaining however on the bench as associate 
justice until his death, which occurred at Scituate, September 13, 1810. 

William Browne was born in Salem, February 27, 1737, and graduated at Harvard 
in 1755. He was a judge of the Court of Common Pleas for Essex county from 1770 
to 1774 and many years a representative from Salem. He was appointed judge of 
the Superior Court of Judicature in 1774 and at an earlier date he had been collector 
of the port of Salem. He remained on the bench until the Revolution, when he left 
the country and was made governor of Bermuda. He died in England, February 
13, 1802. 

Charles Devens, son of Charles and Mary (Lithgow) Devens, was born in Charles- 
town, April 4, 1820, and graduated at Harvard in 1838. He studied law at the Har- 
vard Law School, where he graduated in 1840, and in the office of George T. Davis 
in Greenfield, and was admitted to the Franklin county bar in 1841. After his ad- 
mission to the bar he was associated with Mr. Davis in business until 1849, represent- 
ing Franklin county in the Senate in 1848. Fr*om 1849 to 1853 he held the posi- 
tion of United States marshal for Massachusetts, and in 1854 resumed the practice of 
law in partnership with George F. Hoar in Worcester. While he was marshal it 
became his duty to execute the process remanding to his alleged owner Thomas 
Sims, a fugitive slave, and until the war came on he made unavailing efforts to 
purchase the freedom of the man he had officially aided in returning to slavery. 
After the emancipation proclamation had freed Sims, Mr. Devens assisted him, and 
when attorney-general of the United States, during the administration of President 
Hayes, gave him a place in his department. In April, 1861, he took command of a 
rifle battalion for three months' service and was posted at Fort McHenry in Balti- 
more harbor. On his return home he was commissioned colonel of the Fifteenth 
Regiment of Massachusetts Volunteers, raised for three years' service, and was en- 
28 



2i8 HISTORY OF THE BENCH AND BAR. 

gaged in the battle of Balls Bluff, where after the death of Colonel Baker he was left 
in command. He was made brigadier-general of volunteers April 15, 1862, and was 
engaged in the battles of Williamsburg, Fairoaks, South Mountain and Antietam. 
At the battle of Chaneellorsville he commanded a division of the Eleventh Corps, 
and in 1864-5 he was attached to the Eighteenth Corps. In December, 1864, he was 
in command of the Twenty-fourth Corps, and in April, 1865, was brevetted major 
general. He remained in the service until June, 1866, when he was mustered out. 
In 1867 he was appointed judge of the Superior Court and remained on the bench of 
that court until 1873, when he was made judge of the Supreme Judicial Court. In 
1877 he left the bench to take the office of attorney-general of the United States, and 
was reappointed to the bench in 1881, after his retirement from the cabinet. On the 
17th of June, 187."), he delivered an oration at the celebration of the two hundredth 
anniversary of the battle of Bunker Hill, which gave him a leading position as an 
orator. In 1877 he received from Harvard the degree of LL.D. He died in Boston 
January 7, 1891. 

Si/ih Ames, son of Fisher Ames, was born in Dedham, Mass., April 19, 1805. His 
mother was Frances, a daughter of Colonel John Worthington, of Springfield, Mass. 
He graduated at Harvard in 1825. He studied law at the Harvard Law School and 
in Springfield in the office of George Bliss, and in Boston in the office of Lemuel 
Shaw. He was admitted to the Common Pleas Court in Dedham in 1828 and to the 
Supreme Court in Cambridge in October, 1830, and began to practice in Lowell, 
where for a time he was associated with Thomas Hopkinson. He was a member of 
the Lowell Board of Aldermen in 1<s: j >6-o7, '40, a representative in 1832 and a senator 
in 1841. He was also city solicitor from 1842 to 1849. In 1849 he was appointed 
clerk of the courts for Middlesex county and removed to Cambridge. When the Su- 
perior Court was established in 1859 he was appointed an associate judge, and in 1867 
succeeded Charles Allen as chief justice. In 1869 he was promoted to the bench of 
the Supreme Judicial Court and removed to Brookline. He resigned his seat Jan- 
uary 15, 1881, and died in Brookline, August 15, in the same year. He married in 
1830 Margaret, daughter of Gamaliel Bradford, of .Boston, and in 1849 Abigail Fisher, 
daughter of Rev. Samuel Dana, of Marblehead. 

William Sewall Gardner was born in Hallowell, Me., October 1, 1827, and gradu- 
ated at Bowdoin College in 1850. He studied law in Lowell and was admitted to 
the Middlesex bar in October, 1852. Lie began practice in Lowell, associated with 
Theodore H. Sweetser, and remained there until 1861, when he removed his office 
to Boston. In 1875 he was appointed judge of the Superior Court, and in 1885 he 
was promoted to the bench of the Supreme Judicial Court. He resigned on the 7th 
of September, 1887, and died at his home in Newton, April 4, 1888. 

Abraham Moore was born in Bolton, Mass., January 5, 1785, and graduated at 
Harvard in 1806. He studied law with Timothy Bigelow in Groton, Mass., and after 
admission to the bar began to practice in that town. He was postmaster of Groton 
frc m 1812 to 1815, when he removed to Boston, where he remained until his death, 
January '■'>, 1854. He married first Mary (.Mills), a double widow of a Mr. Barnard 
and a Mr. Woodham. .She had been an actress, and in consequence of her husband's 
financial troubles, returned to the stage and appeared in Boston as Lady Teazle. 
Two <if Mr. Moore's daughters by this wife married John Cockran Park, a distill- 



BIOGRAPHICAL REGISTER. 219 

guished member of the Suffolk bar, and Grenville Mears, a well known merchant of 
Boston. Mr. Moore married second in 1819, Eliza, daughter of Isaac Durell. 

Theodore Harrison Sweetser was born in Wardsboro', Vt., in 1821, and entered 
Amherst College, but did not finish his college course. He studied law with Tappari 
Wentworth in Lowell and was admitted to the Middlesex bar in September, 1843. 
He began to practice in Lowell, and continued there, associated at different times 
with Benjamin Poole and William Sewall Gardner until 1879, when he removed to 
Boston. He was a member of the Common Council of Lowell in lN,~i|, city solicitor in 
1853-54, '59-60 and 61, a member of the House of Representatives in 1870, and at 
one time the Democratic candidate for governor. He died in Boston, Mav 8, 1882. 

George Merrick Brooks, son of Nathan and Mary (Merrick) Brooks, was born in 
Concord, Mass., in 1824, and graduated at Harvard in 1844. He studied law with 
Hopkinson & Ames in Lowell and graduated at the Harvard Law School in 1847. 
He has always lived in Concord, where he has been a selectman five years, and was 
in the Massachusetts House of Representatives in 1858 and in the Senate in 1859. 
From 1869 to 1872 he was a member of Congress, and in the latter year was appointed 
judge of probate for Middlesex county, which position he still holds. He married in 
1851 Abba Prescott, and in 1869 Mary A. Dillingham, of Lowell. 

Arthur P. Cushing, son of Thomas and Elizabeth A. (Baldwin) Gushing, was 
born in Scituate, Mass., August 16, 1856, and received his early education at the 
Chauncy Hall School in Boston, and in Germany and Switzerland. He graduated at 
at Harvard in 1878 and prosecuted his law studies at the Harvard Law School. He 
was admitted to the bar of Suffolk county in 1882. He has been the Mexican consul 
in Boston since 1887. 

Clement Kelsey Fay, son of Harrison and Sarah P. Fay, was born in Brookline, 
Mass., November 17, 1845, and graduated at Harvard in 1867. He studied law with 
Ropes & Gray in Boston and was admitted to the Suffolk bar in 1869. He was a 
member of the Massachusetts House of Representatives from Brookline in 1SS5 and 
1886; prison commissioner in 1886 and 1887, and has been, or is now, a trustee of the 
Episcopal Theological School in Cambridge ; one of the Board of Managers of the 
Massachusetts Charitable Eye and Ear Infirmary; trustee of the Brookline Public 
Library, and president of the Law Enforcement Association. His residence is in 
Brookline. 

John Cochran Park was born in Boston, June 10, 1804, and graduated at Harvard 
in 1S24. He was admitted to the bar in 1827. In 1851 he was appointed district 
attorney for the Suffolk district, and remained in office two years. In 1860 he re- 
moved his residence to Newton, continuing, however, his office in Boston. In 1881 
he was appointed justice of the Newton Police Court, and held that office until his 
death. In early life he was an active member of the volunteer militia and at differ- 
ent periods commanded the City Guards, the Boston Light Infantry, and the Anc 
and Honorable Artillery Company. During the last three years of the Whig party 
he was one of its most prominent and efficient members, ready at all times with his 
rare oratorical powers to advocate its principles and promote its success. He mar- 
ried twice, his first wife being the daughter of Abraham Moore already mentioned. 
He died at Newton, April 21, 1889. 



220 HISTORY OF THE BENCH AND BAR. 

Charles John McIntire was born in Cambridge, March 26, 1842. He studied law 
at the Harvard Law School and was admitted to the Suffolk bar in 1865. During the 
period of his law study he served nine months in the Forty-fourth Massachusetts 
Regiment. He has been a member of the Common Council of Cambridge, a member 
of the Board of Aldermen, and was a member of the House of Representatives in 
1869 and 1870. He has also been assistant district attorney for Middlesex and city 
solicitor of Cambridge, where he resides. He married in 1865 Maria Terese, daugh- 
ter of George B. Linegan, of Charlestown. 

George Henry Gordon was born in Charlestown, July 10, 1825, and graduated at 
West Point in 1846. He served in the Mounted Rifles under General Scott in the 
Mexican War and was brevetted first lieutenant April 18, 1847, for gallant conduct in 
the field. He was made first lieutenant August 30, 1858, and resigned October 31, 
1854. He then studied law at the Harvard Law School and after admission to the 
bar began practice in Boston. In 18<il he was commissioned colonel of the Second 
Massachusetts Regiment and was made brigadier general of volunteers June 9, 1862. 
He was engaged in the second battle of Bull Run and Antietam, and in the opera- 
tions about Charleston harbor and against Mobile in 1863 and 1864. He was bre- 
vetted major general of volunteers April 9, 1865, and mustered out August 20, 1865. 
After his discharge from the service he practiced law in Boston until his death, which 
took place at Framingham, August 30, 1866. 

George Herbert Harding, son of George W. and Harriet M. Harding, was born 
in Burlington, Vt., April 30, 1854. He attended Phillips Exeter and Andover acad- 
emies and graduated at Harvard in 1876. He studied law at the Harvard Law School 
and was admitted to the Suffolk bar in June, 1881. He is chiefly engaged in trust 
business. He married Helen B. Hall at Bristol, R. I., May 25, 1887. 

Otis L. Bonney was born in Hanson, Mass., December 2, 1838, and attended the 
public schools of that town until 1852, when his parents removed to Boston. He there 
attended the Phillips Grammar School, receiving the Franklin medal, and the Eng- 
lish High School. After attending Comer's Commercial College he engaged as a 
book-keeper in a business house until the autumn of 1861, when he enlisted for three 
years' service in Company E, Thirty-second Massachusetts Regiment. After his re- 
turn from the war he taught school for five years in Halifax, Hanson, Weymouth and 
Charlestown, and studied law in Boston in the office of Ropes & Gray. He was ad- 
mitted to the Suffolk bar on examination in March, 1874, and began practice in Bos- 
ton. In 1880, while holding as he still does his residence in Hanson, he opened an 
office in Whitman, Mass., and is now a practicing lawyer in that town. He married, 
November 26, 1867, Grace, daughter of Theodore Cobb, of Hanson. 

Jonathan D< >rr, son of Ralph Smith and Nancy (Williams) Dorr, was born in Louis- 
ville, Ky., January 1, 1842, and after attending the Roxbury, Mass., Latin School, 
entered Harvard and graduated in 1864. He studied law at the Boston University 
Law School and was admitted to the Suffolk bar in December, 1874. His business is 
chiefly connected with trusts and corporation affairs. He married Anne Isabella 
Kennedy in Roxbury, September 17, 1867, and lives in the Dorchester District of 
Boston. 

Edward Warren Cate, son of Hiram S. and Caroline P. Cate, was born in New- 
ton (Lower Falls), March 18, 1852, and fitted at the public schools for Harvard, where 



Biographical register. 22I 

he graduated in 1874. He studied law at the Harvard Law School and was acini: 
to the Middlesex bar July 8, 1878. He has been councilman, alderman, and president 
of the Water Board in Newton. He married Mary Louise Doty at Keene, X. II., 
October 25, 1883, and lives in Boston. 

John Melville Gould, son of John B. and Caroline E. Gould, was born in Marsh- 
field, Mass., July 4, 1848, and graduated at Brown University in 1871. He studied 
law in England and at the Harvard and Boston University Law Schools, fend was ad- 
mitted to the Suffolk bar December 12, 1874. He is the author of " The Law of Wa- 
ters " and associate author of Gould & Tucker's "Notes on United Stales Revised 
Statutes," and editor of the 9th and 10th volumes of Story's Equity Pleadings. His 
residence is in Newton. 

Nelson M. Graffam was an attorney in Boston in 1890, and died in December, 
1891. 

Ambrose Wellington, son of Benjamin Oliver and Mary (Hastings) Wellington, 
was born in Lexington, Mass., April 11, 1819, and attended the Lexington public 
schools, the academy at Stow under the charge of Leonard Bliss, and the Fairmount 
Seminary in Watertown, Mass. He graduated at Harvard in 1841 and after teach- 
ing several years, a part of the time as master of the Smith School in Boston, he 
studied law and was admitted to the Suffolk bar in September, 1857, confining his 
practice chiefly to conveyancing and real estate matters. He married Lucy lane, 
daughter of William Kent, of Concord, N. H., May "27, 1845. With impaired health 
he retired some years since from practice and now lives with a daughter in the city 
of New York. 

Charles Frederick Simmons, son of Judge William and Lucia (Hammatt) Simmons, 
was born in Boston, January 27, 1821. After receiving a common school education 
he was fitted for college in the Boston Latin School and under the direction of his 
brother, Rev. George Frederick Simmons, and entered Harvard in 1N37. In his sen- 
ior year he was expelled from college as an alleged leader in a rebellion in which his 
entire class was involved, but receired his degree in 185."). He studied law with Da- 
vid A. Simmons and was admitted to the Suffolk bar December 13, 1845. Early in 
the war he was commissioned adjutant of the Fourteenth Massachusetts Regiment, 
but ill health compelled him to resign. For expected benefits fron»a warm climate 
he sailed from Boston for Santiago, Cuba, February 25, 1862, in the brig Gypsy, of 
which no tidings were ever heard. 

Christopher Gore Ripley, son of Rev. Samuel and .Sarah Alden (Bradford) Ripley, 
was born in Waltham, Mass., September 6, 1822, and was educated for college by his 
father and mother, both of whom were accomplished educators. He entered the 
sophomore class at Harvard in 1838 and graduated in 1841. He studied law at the 
Harvard Law School and in the offices of Franklin Dexter and William H. Gardiner, 
and was admitted to the Middlesex bar in September, 1844. In 1855 he removed to 
Brownsville, Minn., and in 1856 to Chatfield in the same State, and in 1*70 was ap- 
pointed chief justice of the Supreme Court of Minnesota. He resigned in is; I mid 
returned to Concord, Mass., where he remained in poor health until his death, which 
occurred October 15, 1881. He married, December 14, 1863, Mrs. Fanny Cage, a 
daughter of Gideon Horton, of New Orleans. 



222 HISTORY OF THE BENCH AND BAR. 

Sami i.i Fosteb McCleary, son of Samuel Foster and Maria Lynde (Walter) Mc- 
Cleary, was born in Boston, July 14, 1822, and received his early education at the 
public schools of Boston and the Boston Latin School, receiving the Franklin medal. 
He graduated at Harvard in 1841 and at the Harvard Law School in 1843, complet- 
ing his studies in Boston in the office of John A. Andrew, and being admitted to the 
Suffolk bar October 9, 1*44. He succeeded his father as city clerk of Boston and 
held the office thirty-one years, his father having held it thirty years. In 1883, fail- 
ing a re-election, he was appointed manager of the Equitable Life Assurance Society 
of Boston, but resigned in 1888. He has been trustee of the Franklin Savings Bank, 
secretary of the Hunker Hill Monument Association, and is now treasurer of the 
Franklin Fund for the benefit of young mechanics. He married, February 1, is.")."., 
Emily Thurston, daughter of Captain James Henry and Eliza Lawrence (Farris) 
Barnard, of Nantucket, Mass., and lives in Brookline. 

Abraham Jackson, son of Abraham and Harriet Otis (Goddard) Jackson, was born 
in Plymouth, Mass., January 31, 1821. He was fitted for college at the High School 
in Plymouth, and graduated at Harvard in 1841. He studied law in Baltimore and 
at the Harvard Law School, and was admitted to the Suffolk bar January 7, 1845. 
He died unmarried in Boston January 21, 1889. 

Wickham Hoffman, son of Murray and Frances Amelia (Burrall) Hoffman, was 
born in the city of New York, April G, 1821, and was fitted for college at private 
schools. He graduated at Harvard in 1841, and after studying law was admitted to 
the Suffolk bar May 23, 1848, having previously spent a year or two in the business 
office of his uncle, L. M. Hoffman, in New York. During the war he held commis- 
sions as captain and major, and was appointed in February, 1862, on the staff of 
Brigadier-General Thomas Williams and in that capacity he served in the Hatteras 
campaign. Fie participated in the capture of New Orleans, in the battle of Baton 
Rouge and in the siege of Port Hudson. On returning to Washington with the 
brevet of colonel he was appointed in October, 1866, assistant secretary of legation at 
Paris under General John A. Dix, and in January, 1867, full secretary. He remained 
in Paris attached to the legation until January, is?"), when he was appointed secre- 
tary of legation to the court of St. James. Remaining in London two years he was 
transferred in May, 1877, as secretary of legation to St. Petersburg and remained 
there six years. In March, 1883, he was appointed Minister to Denmark, which post 
he held until 1885. He published in 1877 a volume entitled "Camp, Court and 
Siege: a narative of personal adventure during the wars, 1861-65 *and 1870-71," and 
in 1883 "Leisure Hours in Russia." He married, May 14, 1844, Elizabeth Baylies, 
of Taunton, and resides in New York. 

George Whiting Hay, son of Joseph and. Bathsheba (Whiting) Hay, was born in 
Boston, June 29, 1820, and fitted for college at private schools. He graduated at 
Harvard in 1841, and studied law at the Harvard Law School and in the office of 
Sidney Bartlett, and was admitted to the bar. He removed early to Ashburnham, 
Mass., and there lived until his death, August 24, is?!t. 

Franklin Hail, son of Jesse and Sarah D. (Wiswall) Hall, was born in East Cam- 
bridge, Mass., August 8, 1822, and attended the Cambridge public schools and the 
Framingham Academy. He graduated at Harvard in 1841, and graduated at the Har- 
vard Law School in 1S44, and after a short time in the office of JohnC. Dodge in Bos- 




. 



BIOGRAPHICAL REGISTER. 223 

ton, he was admitted to the Suffolk bar May 6, 1845. He was a member of the Mas- 
sachusetts House of Representatives m 1854 and 1856, and a member of the Cam- 
bridge School Board in 1859 and 1860. He married Jane W. Morse, daughter of 
uel F. Morse, of Boston, ( (ctober 15, 1863, and died in Dorchester August 6, 1868. 

James Trecothick Austin, son of Jonathan Loring and Hannah (I vers) Austin, was 
born in Boston January 10, 1784, and was educated before entering college at the 

private school of Caleb Bingham, in the Boston Latin School and at Andover. He 
graduated in 1802 at Harvard, studied law with William Sullivan, and was admitted 
to the Suffolk bar in July, 1805. In 180? he was appointed by Governor Sullivan 
attorney of the State for Suffolk county, and in 1809 town advocate, in 1811 
he was reappointed attorney of the State, or county attorney. In 1816 he was 
appointed by President Madison to manage the business under the 41st article 
of the treaty of Ghent, and in 1820 he was a member of the Massachusetts 
Constitutional Convention. He continued to act as county attorney until 1832, 
and in 1825-26 and 1831 he was a member of the State Senate. When the office 
of solicitor-general was abolished and the office of attorney-general created in 
1832 he was appointed by Governor Lincoln to that office and held it until it was 
abolished in 1843. In 1831 he delivered the annual Phi Beta oration, and in 1835 re- 
ceived the degree of LL.D. from Harvard. He published the life of his father-in- 
law, Elbridge Gerry, two Fourth of July orations, one at Lexington in 1815 and one 
in Boston in 1829, and was a frequent contributor to the Christian Examiner, and the 
Law Reporter, and other magazines. He married, October 2, 1806, Catharine, 
daughter of Elbridge Gerry, of Boston, and died in Boston, where he had always re- 
sided, May 8, 1870. 

Ivers James Austin, son of James Trecothick and Catharine (Gerry) Austin, was 
born in Boston, February 14, 1808, and graduated at West Point in 1828. He was 
brevetted second lieutenant of artillery, July 1, 1828; and resigned November 8, 1828. 
He was admitted to the Suffolk bar in the Common Pleas Court April 11, 1831, and in 
the Supreme Judicial Court April 3, 1833, having studied law in the office of his father. 
His military tastes led him into the volunteer militia and he passed through the sev- 
eral grades from adjutant to lieutenant-colonel. He was a member of the Massa- 
chusetts House of Representatives in 1838, a visitor at West Point in 1842, and he re- 
ceived from Harvard in 1852 the degree of Master of Arts. He published a memoir 
of Prof. Wm. W. Mather in 1883, and died at Newport, June 11, 1889. 

Elbridge Gerry Austin, son of James Trecothick and Catharine (Gerry) Austin, 
was born in Boston, October 10, 1810, and graduated at Harvard in 1829. He was 
admitted to the Suffolk bar in 1832 in the Common Pleas Court, and to the Middlesex 
bar in the Supreme Court in October, 1834. He practiced in Boston until 1850, when 
he removed to San Francisco. While on a visit to Massachusetts he died at Nahant, 
July 23, 1854. 

John Downes Austin, son of William and Hepzibah (Downes) Austin, was born 
Boston, February 10, 1827, and after living in Boston, Roxbury, Lowell, Dedham, 
Ravenwood, La., and Columbia, Tenn. , he fitted for Harvard at the school of Stephen 
MinotWeld at Jamaica Plain, near Boston, and graduated in 1846. He studied law in 
the Harvard Law School, receiving the degree of LL. B. in 1848, and in Boston in the 



224 HISTORY OF THE BENCH AND BAR. 

office of Bradford Sumner, and was admitted to the Suffolk bar. In 1850 lie removed 
to Taunton and was associated a short time in practice with Horatio Pratt. In 1853 
he removed to New York, but returned to Boston in 1854 and continued in practice 
there until his death. On the 25th of February, 1861, he visited New York, and on 
the night of the 28th disappeared. On the 1st of March his hat was found in Bronx 
river, near Williamsbridge, and his shirt on the bank. On the 11th of April his body 
was found in a pond at White Plains. It may be inferred that his death occurred Feb- 
ruary 28, 1861. 

George Howard Fall, son of George H. and Rebecca G. (Howard) Fall, was born 
in Maiden, Mass., October 19, 1858. He attended the Maiden High School and the 
Boston University, and studied law at the Boston University Law School. He was 
admitted to the Suffolk bar in August, 1887, and is, or has been, a lecturer in the Col- 
lege of Liberal Arts and in the Boston University Law School. He married, Septem- 
ber 17, 1884, Anna Christy, and lives in Maiden. 

Anna Christy Fall, daughter of William and Margaret Christy, was born in Chel- 
sea, Mass., April 23, 1855, and was educated at the Chelsea High School and the Bos- 
ton University. She graduated at the Boston University Law School in 1891,, and 
was admitted to the Suffolk bar January 20, 1891. She married George Howard Fall, 
.September 17, 1884, and lives in Maiden, where she is now serving a three years term 
on the School Board. 

Charles Gersham Fall, son of Gersham Lord and Rowena Powers Moody Fall, was 
born in Maiden, Mass., June 22, 1845, and was fitted at Phillips Exeter Academy for 
Harvard, where he graduated in 1868. He studied law at the Harvard Law School 
and in Boston in the office of W. A. Richardson, and was admitted to the Suffolk bar 
in 1869. He has been interested in the establishment of an arbitration board and the 
Employer's Liability Act, and has been engaged in various important suits for dam- 
ages against railroad companies. He has published two books of poems and " Fall on 
Employer's Liability." His residence is in Boston. 

Rufus G. Fairbanks, son of William and Mary P. (Hayward) Fairbanks, was born 
in Bellingham, Mass., July 11, 1859, and was educated at the Medway High School 
and the Wesleyan Academy. He studied law in the office of Thurston, Ripley & 
Company, of Providence, R. I., and graduated at the Boston University Law School 
in 1884. He was admitted to the Norfolk county bar at Dedham in 1891, and prac- 
tices in Boston and West Medway. His residence is at Caryville. 

James Henry Flint, son of James and Almira Flint, was born in Middleton, 
Mass., June 25, 1852, and was fitted at Phillips Academy, Andover, for Harvard, 
where he graduated in 1876. He studied law in New York city with Stanley, Clark 
& Smith, and at the Boston University Law School, and was admitted to the Suffolk 
bar in June, 1882. He taught the High School in Marblehead, Mass., from 1876 to 
1880, has been a member of the School Board of Weymouth, where he lives, and is 
a special justice of the East Norfolk District Court. He has published "Flint on 
Trusts and Trustees," and is engaged in preparing other works for the press. He 
married Abbie A. Pratt at Weymouth, November 19, 1889. 

William Franklin Griffin, son of James S. and Sarah E. Griffin, was born in 
Windsor, Me., June 13, 1838, and while attending school in Illinois he entered the 
army and served through the war. After his discharge he studied law at Bellows 



BIOGRAPHICAL REGISTER. 225 

Falls, Vt., in the office of J. D. Bridgman and at the Harvard Law School, and was 
admitted to the Suffolk bar in April, 1869. He married Abbie W. Spiller at Haver- 
hill, Mass., in 1872, and his home is in the West Roxbury District of Boston. 

John C. Dodge was born in Newcastle, Me., in L810, and graduated at Bowdoin 
College in 1834. He was admitted to the Suffolk bar in July, 1842, and made a 
specialty of maritime law. He was a member of the Massachusetts House of Rep- 
resentatives and a member of the Senate. He was president of the Board of Over- 
seers of Bowdoin and received from that college in 1875 a degree of LL.D. He 
married Lucy Sherman, of Edgecomb, Me., in 1843, and died at Cambridge, July 

17, 1890. 

Edward St. Li if. Livermore, son of Samuel and Jane (Browne) Livermore, was 
born in Portsmouth, N. H., April 5, 1762. His father was chief justice of the Su- 
perior Court of "New Hampshire. He was educated at Londonderry and Holder- 
ness, N. H., and studied law in Newburyport in the office of Theophilus Parsons. 
He began to practice in Concord, N. H., and afterwards removed to Portsmouth 
and was appointed United States district attorney and chief justice of the Superior 
Court. In 1802 he removed to Newburyport and was a member of Congress. In 
1811 he removed to Boston, and in 1815 to Zanesville, Ohio, but returned to Boston 
and finally settled in Tewksbury, where he died September 15, 1832. He married 
in 1799 Sarah Crease, daughter of William Stackpole, of Boston. 

Edward Brooks, son of Peter C. Brooks, was born in Boston in 1793, and gradu- 
ated at Harvard in 1812. He studied law in Boston in the office of his uncle, Ben- 
jamin Gorham, and was admitted to the Common Pleas Court in Boston in 1815 
and to the Supreme Judicial Court December 23, 1818. He was a representative 
from Boston in 1834, '37, '42, and finally removed to Medford, where he died in 
1878. 

Gorham Brooks, son of Peter C. Brooks, was born in Medford, February 18, 
1795, and fitted at Phillips Academy for Harvard, where he graduated in 1814. He 
studied law in Northampton with Joseph Lyman, but the editor is not certain that 
he was ever admitted to the bar. He died in Medford, September 10, 1855. He 
married a daughter of R. D. Shepherd, of Shepherdstown, Va. 

William Austin was born in Charlestown, Mass., March 2, 1778, and graduated 
at Harvard in 1798. He practiced in Suffolk county, but was probably admitted to 
the Middlesex bar. In 1805 he was wounded in a duel with James H. Elliott. He 
died in Charlestown, June 27, 1841. 

Jonathan Williams Austin, son of Benjamin Austin, was born in Boston, April 

18, 1751, and graduated at Harvard in 1769. He studied law with John Adams, and 
was admitted to the Suffolk bar July 27, 1772. In 1773 he began practice in Chelms- 
ford. He was a soldier in the war of the Revolution, passing through the grades of 
captain, major and colonel, and died during a southern campaign in 1778. 

Christopher Gore, son of John Gore, was born in Boston, September 21, 1758, and 
graduated at Harvard in 1776. He studied law with John Lowell, and was admitted 
to the Suffolk bar in July, 1778. In 1789 he was appointed United States district at- 
torney and in 1796 was appointed one of the commissioners to settle American claims 
against England under Jay's treaty. In 1809 he was governor of Massachusetts, 
29 



226 HISTORY OF THE BENCH AND BAR. 

and from 1813 to 1N16 United States senator. He died in Waltham, Mass., March 1, 
1*27. 

Ashkr Ware was born in Sherburne, Mass., February 10, 1782, and graduated at 
Harvard in 1804. He was Greek tutor at Harvard from 1807 to 1811, and Greek pro- 
fessor from 1811 to 1815. He practiced one year in Boston, and in 1817 removed to 
Portland. In 1820 he was made secretary of state in Maine, and from 1822 to 1866 
was judge of the United States District Court. He died in Portland. 

Benjamin Gorham, son of Nathaniel Gorham, was born in Charlestown, Mass., Feb- 
ruary 13, 1775, and graduated at Harvard in 1795. He practiced in Middlesex and 
Suffolk counties, and from 1820 to 1823 and from 1827 to 1835 was a member of Con- 
gress. His residence during his professional life was in Boston, where he died Sep- 
tember 27. 1856. 

George Washington Warren, son of Isaac and Abigail (Fiske) Warren, was born in 
Charlestown, Mass. , October 1, 1813, and graduated at Harvard in 1830. He was admit- 
ted to the Suffolk bar April 5, 1837, and settled in Charlestowm. He was a representa- 
tive in 1838 and senator in 1853^. After Charlestown was made a city by an act 
accepted March 10, 1847, he was chosen mayor three successive years. He was sec- 
retary of the Bunker Hill Monument Association ten years, and from 1847 to 1875 its 
president. In 1861 he was appointed judge of the Charlestown District Municipal 
Court, and continued in office until his death in Boston, where in his latter years he 
lived, May 13, 1883. He married first in 1835 Lucy Rogers, daughter of Jonathan 
Newell, of Stow% and second, Georgianna, daughter of Jonathan and Susan Pratt 
Thompson, of Charlestown. 

William Whiting, son of Col. William and Hannah (Conant) Whiting, was born 
in Concord, Mass., March 3, 1818. He was descended from Rev. Samuel Whit- 
ing, a non-conformist minister, who came in 1636 from Skirbeck, near Boston, Eng- 
land, and arrived in Massachusetts on the 26th of May in that year. This ancestor 
was born in Boston, England, November 20, 1597, became the minister of the 
church in Lynn, and remained there until his death, which occurred December 11, 
1679. He married in Boston, England, on the 6th of August, 1629, Elizabeth St. 
John, daughter of Sir Oliver St. John, of Cashoe, England. A first wife died in 
England, by whom he had two sons and one daughter. The sons died in England 
and the daughter married Thomas, son of Rev. Thomas Welde, of Roxbury, Mass. 
Joseph Whiting, a son of the second wife, was born in Lynn, Mass., April 6, 1641, 
and graduated at Harvard in 1661. He was settled as a minister in Southampton, 
Long Island, in 1682, and remained in the pastorate until his death, April 7, 1723. 
He married first Sarah, daughter of Thomas Danforth, of Cambridge, who was the 
mother of his children, and second, November 11, 1646, Rebecca Prescott. John 
Whiting, son of Joseph, was born at Southampton, January 20, 1681, and grad- 
uated at Harvard in 1700. He was ordained at Concord, Mass., May 14, 1712. 
He continued his connection with the church until 1738, and after that time preached 
to a congregation of seceders until his death, May 4, 1752. His wife Mary was a 
daughter of Rev. John Cotton, of Hampton, N. H., and great-granddaughter of 
Rev. John Cotton, of Boston. Thomas Whiting, son of John, was born in Con- 
cord, June 25, 1717, and married Mary Lake. His son William, born at Concord, 
September 30, 1760, died at Lancaster in 1832. He married in June, 1783, Rebecca, 



BIOGRAPHICAL REGISTER. 22J 

daughter of Rev. Josiah Brown, of Sterling. Col. William Whiting, son of William 
and Rebecca, was born in Sterling, Mass., October 20, 1788, and was the father of 
the subject of this sketch. He died in Concord, September 2'.), 1862. Mr. Whiting 
pursued his preparatory studies at the Concord Academy, and graduated at Harvard 
in 1833. After leaving college, while pursuing a course of law studies, he taught a 
private school in Plymouth, and perhaps other places, and graduated at the Harvard 
Law School in 1838. He was admitted to the Suffolk bar in October, 1838, and es- 
tablished himself in Boston, where by his tact, industry and perseverance combined 
with intellectual power and legal proficiency he gained almost at a single leap an ex- 
tensive and lucrative practice. He entered the profession with a determination to 
succeed, making success the goal at which he aimed and on which he kept a single 
eye. The old Common Pleas Court was the first arena in which he exercised his 
powers and the records of that court attest the brilliant opening .of his legal career. 
His transition from the lower to the higher courts was an easy one. Retaining his 
old clients he added to their lists those against whom he had secured verdicts, and 
from continued triumphs before a jury still further triumphs were evolved. It was 
not long before suits involving the largest interests were confided to him, and among 
them those arising under the patent laws more especially commanded his attention. 
It has been truly said of him that in " undertaking suits of this nature he studied not 
only the legal questions on which it was supposed they would turn, but he explored 
to their most minute mechanical details the application and operation of the patents 
he was defending or contesting, until he was able to instruct his clients upon practi- 
cal defects in their inventions, as well as upon the law." There were others as pro- 
found in the law and as persuasive and eloquent, but the distinction between him 
and them, and the secret of his success lay in the absolute thoroughness with which 
his cases were always prepared and the expert knowledge acquired and displayed in 
his examination of witnesses and in his argument to the jury. At the outbreak of 
the war, with the same determination to grasp and solve the many intricate legal ques- 
tions of the hour which had characterized him at the bar, he published a pamphlet 
on ' ' The War Powers of the President and the Legislative Powers of Congress in 
Relation to Rebellion, Treason and Slavery," which attracted so much attention that 
he was invited at once by the president to act as solicitor of the war department. 
Another pamphlet published in 1863 on " Military Arrests in Time of War," aided still 
further in relieving the administration from doubts on embarrassing questions, and be- 
came the guide of the officers of law in all future prosecutions during the war. He 
served gratutiously as solicitor until his resignation in April, 1865. Mr. Whitney was 
a presidential elector in 1868, and in 1872 was chosen representative to Congress, but 
died before he took his seat at Roxbury, June 29, 1873. He married, October 28, 1840, 
Lydia Gushing, daughter of Thomas Russell, of Plymouth, Mass. The following are 
the published works of Mr. Whiting: Argument, Boston Gas-Light Co. vs. William 
Gault, Boston 1848; Argument, Elias Johnson et al., vs. Peter Lowetal., Boston 
1848; Report of the Committee in Favor of the Union of Boston and Roxbury, Bos- 
ton 1851; Speech before a Legislative Committee on the Destruction of Boston Har- 
bor, Boston 1851 ; Argument in Supreme Court of the United States, Brooks vs. Fiske 
et al., (Woodworth Planing Machine Patent), 1852; Argument in Circuit Court of 
the United States for Northern District of New York, Ross Winans vs. Orasmus 
Eaton etal., on the Eight-wheeled Car Patent, 1853; Address before the Historic 



228 HISTORY OF THE BENCH AND BAR. 

Gen. Societv, 1853 ; Memoir of Rev. Joseph Harrington, Boston 1854; Argument 
before a Legislative Committee against the Erection of a Bridge across Chelsea Creek, 
1854; Argument incase of Volute Spring Steam Guage, 1858; Twenty Years' War 
against the Railroads, 1800; Argument in Supreme Court of the United States in 
Ross Winans vs. New York and Erie Railroad, 1860; The War Powers of the Presi- 
dent, etc., 1862; The Return of the Rebellious States, 1863; Military Arrests in 
Time of War, 1863; Slavery and Reconstruction, 1864; Military Government of 
Hostile Territory, 18(!4; Argument in the Circuit Court of United States, Union 
Sugar Refinery vs. Continental Sugar Refinery, 1807; Address before Roxbury Grant 
Club, 1868; Constitutionality of the Reconstruction Laws, 1868; Argument, Crowell 
vs. Sim et al., 1869; Argument, Rumford Chemical Works vs. John E. Lauer, 1869; 
Argument, City of Chicago vs. George T. Bigelow, Administrator, 1869; Argument, 
Union Sugar Refinery vs. Francis O. Matthiersson, 1869; Argument before Commis- 
sioner of Patents, 1870 ; Letter on Pacific Railroad, 1870 ; Argument, James S. 
Carew et al. vs. Boston Elastic Fabric Co. , 1871 ; Memoir of Rev. Samuel Whiting, 
1872; Argument, Union Paper Collar Co. vs. Ward, 1872; Argument, Rumford 
Chemical Works vs. Hecker et al. , 1872; Address before Roxbury Grant and Wilson 
Club, 1872; Address before Societies of Colby University, 1^72. Mr. Whiting was 
president of the New England Historic Genealogical Society from 1853 to 1858, presi- 
dent of the Pilgrim Society in 1864, corresponding member of the New York Histori- 
cal Society, and honorary member of the historical societies of Pennsylvania, Wis- 
consin, and Florida. 

Alice Parker, daughter of Dr. Hiram and Annie G. (Trafton) Parker, was born in 
Lowell, Mass., April 21, 1863, and was educated in Lowell and Boston. She studied 
law in the office of J. M. Lesser of San Francisco, and was admitted to the California 
bar in 1888. Coming to Massachusetts she was admitted to the bar in Cambridge in 
1890. Her business is confined chiefly to probate affairs and office consultations. 
She has been a contributor to the Illustrated American, the Boston Home Journal, 
and the Boston Herald. Her residence is in Lowell. 

George Winter Parke was born in Salem, O., October 20, 1840, and was educated 
at Western College, Cleveland. He resided in Michigan, and began the study of law 
with Charles S. May in that State, but entered the army in April, 1861, as an officer 
of Michigan volunteers, and resigned in consequence of wounds received in one of 
the early engagements in Virginia. He resumed the study of law with John P. Rob- 
inson of Lowell, and was admitted to the Suffolk bar September 25, 1863. He took 
up his residence in Cambridge, and was alderman there in 1869 and 1870, and repre- 
sentative in 1879 and 1880. His practice has been confined to property causes in the 
civil courts, among which may be mentioned Nichols vs. Boston, 98 Mass., 39 ; Felch 
vs. Hooper, 119 Mass., 52; Cook vs. Gray, 133 Mass., 106 and 135 Mass., 189; and 
Cole vs. Eastham, 133 Mass., 65. ' 

William Foster Otis, son of Harrison Gray and Sally (Foster) Otis, was born in 
Boston, December 1, 1801, and fitted at the Latin School for Harvard, where he grad- 
uated in 1821. He studied law with his brother, Harrison Gray Otis, jr., and with 
Augustus Peabody, and was admitted to the Common Pleas Court in Boston, Octo- 
ber 8, 1824, and to the Supreme Judicial Court in March, 1827. He was a represent- 
ative in 1830-31-32, and in 1831 delivered a Fourth of July oration before the young 



BIOGRAPHICAL REGISTER. 2 2 9 

men of Boston. He took great interest in the temperance cause and was presn 
of the Young Men's Temperance Society. He also took an interest in military af- 
fairs, and was a member of the Ancient and Honorable Artillery Company, an offi- 
cer in the New England Guards, and major of the Boston Regiment. He married. 
May 18, 1831, Emily, daughter of Josiah Marshall, of Boston, who died August 17, 
1839, at the age of thirty-nine. He died at Versailles, France. May 29, 1858. 

Edmund M. Parker, son of Joel and Mary M. Parker, was born in Cambridge, 
August 15, 1856, and was fitted at the Cambridge High School for Harvard, where he 
graduated in 1877. He graduated at the Harvard Law School in 1SS'2, and in that 
year was admitted to the Suffolk bar. He married Alice Gray, April 8, 1891. 

Philip Glendower Peabody, son of Charles A. and Julia (Livingston) Peabody, was 
born in New York city, February 22, 1857, and was educated at Columbia College. 
He studied law in New York city, and was admitted to the bar in Poughkeepsie, X. 
Y., May 13, 1880, and to the Suffolk bar in 1886. He married in New York, July 3d, 
1879, and lives in Boston. 

Henry Bromfield Pearson, son of Eliphalet and Sarah (Bromfield) Pearson, was 
born in Cambridge, March 29, 1795, and after attending Phillips Academy, Andover, 
and spending two years at Yale College he entered the senior class at Harvard, and 
graduated in 1816. He went to Philadelphia, and after preparing himself for the bar, 
practiced law until he became partially blind, when he returned to Massachusetts and 
settled on the Bromfield estate at Harvard. He married Elizabeth, daughter of Wil- 
liam McFarland, of Waterville, Me., in December, 1840, and died in Boston, June 21), 

1867. 

i 
Francis Peabody, jr., was born in Salem, September 1, 1854, and removed to Lon- 
don with his father in 1871. He attended Cheltenham College two years, and enter- 
ing Trinity College, Cambridge, took the degree of B.L. in 1876. He then spent one 
year in the office of a leading barrister of Lincoln's Inn and Middle Temple, and re- 
turning to America entered the office of Morse, Stone & Greenough, of Boston, and 
was admitted to the Suffolk bar in November, 1879, after a year's further study at the 
Harvard Law School. He was associated with Charles A. Prince five years, and 
since that time has practiced alone. He is at present on the staff of Governor Russell. 

Henry Melville Parker, son of Isaac and Sarah (Ainsworth) Parker, was born in 
Boston, August 7, 1820, and fitted at the Latin School for Harvard, where he grad- 
uated in 1839. He graduated at the Harvard Law School in 1841, and was admitted 
to the Suffolk bar November 29, 1N42. He married Fanny Cushing, daughter of Dr. 
A. F. Stone, of Greenfield, April 30, 1851, and died at Cambridge, October 17, 1863. 

Samuel Parsons, son of Samuel and Mary Brown (Allen) Parsons, was born in Bos- 
ton, May 2, 1829, and graduated at Harvard in 1848. He studied law in Boston with 
C. B. Goodrich and William Brigham, and was a member of the Suffolk bar in 1852, 
having been admitted to the bar at Cambridge in 1851. He practiced in Boston until 
his health failed, when he removed to Philadelphia, where he died October 28, 1859. 

Edward Payson Payson, son of Edward and Penelope Ann (Martin) Payson, was 
born in Westbrook, now Deermg, Me., July 16, 1849, and graduated at Bowdoin Col- 
lege in 1869. He studied law at the Harvard Law School and with Symonds & Libby, 
of Portland, and was admitted to the Maine bar in April, 1875. He was admitted to 



230 HISTORY OF THE BENCH AND BAR. 

the Suffolk bar in Boston, November 20, 1883, and to the United States Supreme 
Court March 20, 1891. He has been a contributor to the American Law Review. 
His residence is in Boston. 

John Sidney Pai roN, son of Robert and Elizabeth Emeline (Warlick) Patton, was 
born in McDowell county, N. C, and fitted at Phillips Exeter Academy for Harvard, 
where he graduated in 1874. He studied law at the Harvard Law School, and was 
admitted to the Arkansas bar at Little Rock in June, 1878, and to the Texas bar at 
Dallas in July, 1878, and to the Massachusetts bar at Cambridge in July, 1880. He 
married at Cambridge, April 15, 1885, Anna Kelley, of Boston, and lives in Allston, a 
district of Boston. 

Salem Darius Charles, son of Abraham and Esther L. (Wallis) Charles, was born 
in Brimfield, Mass., March 19, 1850, and graduated at Amherst College in 1874. He 
studied law with Hillard, Hyde & Dickinson and at the Boston University Law School, 
and was admitted to the bar in Springfield, Mass., in 1878. He was a representative 
from Boston in 1891 and 1892. He is unmarried and lives in Jamacia Plain (Boston). 

Parker Cleaveland Chandler, son of Peleg Whitman and Martha (Cleaveland) 
Chandler, was born in Boston, December 7, 1848, and was fitted at the Boston Latin 
School for Williams College, where he graduated in 1872. He studied law at the 
Harvard Law School and in Boston in the office of Chandler, Shattuck & Thayer, 
and was admitted to the Suffolk bar, October 2, 1875. He has been managing counsel 
for the defendant in the suit of the American Bell Telephone Company vs. the Drau- 
bough Telephone Company. He resides in Boston. 

Orrin Henry Carpenter, son of Henry B. and Lucy A. (Reed) Carpenter, was 
born in Grafton, Vt., January 17, 1861, and was educated at the Bellows Falls High 
School and Phillips Exeter Academy. He studied law at the Boston University Law 
School and at Bellows Falls in the office of C. B. Eddy and in Boston in the office of 
Gaston & Whitney, and was admitted to the Vermont bar in September, 1883, and to 
the Suffolk bar in September, 1884. He has been for six years chairman of the 
Board of Assessors in Maiden, where he resides, and has taught in the Boston Even- 
ing High School three years. He married Mary L. Dow at Bellows Falls, Vt., in 
1883. 

John Ray Campbell, son of Tristram and Annie (Meehan) Campbell, was born in 
Roxbury, Mass., November 29, 1860, and was educated in the Dwight Grammar 
School in Boston, and was admitted to the Suffolk bar July 17, 1888. Since January, 
1887, he has been assistant clerk of the Superior Court, criminal side. He married 
Margaret Frances Doherty in Boston, July 17, 1888, and lives in Brookline. 

Joseph Aloysius Campbell, son of Francis and Rose Ann Campbell, was born in 
Boston, October 16, 1863, and was educated at Mount St. Mary's College, Emmits- 
burg, Md. He studied law at the Harvard Law School, and was admitted to the 
bar at Cambridge, January 29, 1891. He married Louise De Lamater in New York, 
October 22, 1891, and lives in Boston. 

Charles Stark Newell, son of Samuel Newell and Elizabeth, daughter of Major 
Caleb Stark and granddaughter of General John Stark, was born in Boston, August 
19, 1 <s 1 4 , and graduated at Harvard in 1834, and was a member of the Suffolk bar in 
1848. He was a member of the House of Representatives in 1851 and 1852, and in 



BIOGRAPHICAL REGISTER. 23I 

the Civil War was on the staff of General A. Von Steinwehr. He married, July lit 
1843, Alice Jane, daughter of William and Mary (Todd) Crabb, and died in New 
York, December 7, 1876. 

Harry Huestis Newton, son of Adin H. and S. Angenette Newton, was burn in 
Truro, Mass., December 2, 1800, and was educated at the Boston University. He 
studied law in Wellfleet, Mass., with Judge H. P. Harriman, and was admitted to 
the bar at Barnstable, Mass., April 11, 1889. He was principal of the West Newbury 
High School one year and of the Wellfleet High School Ave years. His residence is 
in Everett, Mass. 

Benjamin Ropes Nichols, son of Ichabod and Lydia (Ropes) Nichols, was born in 
Portsmouth, N. H., May 18, 1786, and graduated at Harvard in 1804. After admis- 
sion to the Essex bar in 1807 he practiced in Salem until 1824, when he removed to 
Boston. He was a member of the Massachusetts Historical Society, clerk for a num- 
ber of years of the Boston and Providence and Boston and Lowell Railroad corporations, 
and before leaving Salem the clerk of that town. He married, April 12, L813, Mary, 
daughter of Colonel Timothy and Rebecca (White) Pickering, of Salem, and died in 
Boston, April 3, 1848. 

Benjamin White Nichols, son of Benjamin Ropes and Mary (Pickering) Ropes, was 
born in Salem, Mass., April 7, 1823, and graduated at Harvard in 1842, He gradu- 
ated also at the Harvard Law School in 1845, and after reading law one year in 
Boston in the office of Sidney Bartlett, was admitted to the Suffolk bar in October, 
1846. He is unmarried and lives in Boston. 

Charles Corbett Nichols, son of Joseph E. and Lucena C. (Corbett) Nichols, was 
born in that part of Maiden which is now Everett, October 31, 1859, and was edu- 
cated at the Maiden and Everett schools, the Chelsea High School and at Harvard 
College, where he graduated in 1883. He studied law at the Harvard Law School 
and in the office of Charles Robinson, and was admitted to the Suffolk bar in October, 
1886. He has been auditor, and is now a member of the Board of Selectmen of 
Everett, where he resides. He married in Lisbon, Me., October 8, 1888, Hattie 
Frances Corbett. 

John Noiu.E, son of Mark and Mary (Copp) Noble, was born in Dover, N. H., April 
14, 1829, and fitted at Phillips Exeter Academy for Harvard, where he graduated in 
1850. He was usher and master in the Boston Latin School from 1851) to 1856, when 
he entered the Harvard Law School and graduated in 1858. He also read law in the 
office of Hutchins & Wheeler, and was admitted to the Suffolk bar June 26, 1858. 
He practiced in Boston until 1875, when he was appointed clerk of the Supreme 
Judicial Court to fill out an unexpired term and has held the office by successive 
elections to the present time. He married Katharine W. Sheldon at Deerfield, Mass. , 
June 11, 1873, and resides in Boston. 

Albert Boyd Otis, son of Samuel and Eliza M. Otis, was born in Belfast, Me., 
and graduated at Tufts College in 1863. He studied law at the Harvard Law School 
and in Belfast with Nehemiah Abbott, and in Boston with Jewell, Gaston <v Field, 
and was admitted to the bar at Belfast in October, 1864, and at Boston, February 16, 
1867. His home is in Boston. 

Isaac Peabody Osgood, son of Dr. Kendall and Louis (Peabody) Osgood, was 
born in Peterboro', N. H., February 22, 1793, and graduated at Harvard in 1814, 



232 HISTORY OF THE BENCH AND BAR. 

He studied law with S. P. P. Fay, and after admission to the bar began to practice 
in Boston, where he continued in business through life. He married, August 2, 1841, 
Mary Ann (Price) Valentine, widow of Lawson Valentine, of Boston, and died in 
Roxbury, January 12, 1867. 

William Byron < >rcutt, son of Franklin W. and Abigail (Davis) Orcutt, was born 
in Georgia, Vt., February 26, 1845, and after attending the New Hampton Institute, 
Fairfax, Vt., he entered Dartmouth College and graduated in 1871. He studied law 
with Bainbridge Wadleigh in Milford, N. H., and in Boston with Col. T. L. Liver- 
more, and was admitted to the Suffolk bar December 11, 1873. He has been chair- 
man of the School Board of Milford, N. H. He married Katie E. Wheeler at Mil- 
ford, December 22, 1874, and lives at Wollaston (Quincy). 

Jonathan Porter, son of Jonathan and Phebe (Abbot) Porter, was born in Med- 
ford, Mass., November 13, 1791, and graduated at Harvard in 1814. He studied law 
with Luther Lawrence at Groton and Asahel Stearns at Chelmsford, and was ad- 
mitted to the Middlesex bar in November, 1819, and practiced in Boston. He de- 
livered the Phi Beta oration in 1828. He married, July '20, 1823, Catharine, daughter 
df Samuel and Anna (Orne) Gray, of Medford, and died at Medford June, 11, 1859. 

Edward Henry Pierce, son of Samuel and Wilhelmina (Zimmerman) Pierce, was 
born at Stony Brook, Long Island, N. Y. , and was educated at the Rochester Uni- 
versity, N. Y. He studied law at the Harvard Law School and in Boston with Smith 
& Bates, and was admitted to the Suffolk bar May 30, 1865. He was a member of 
the House of Representatives in 1868 and was counsel for the plaintiff in the well- 
known case of Chase vs. Nantucket, in which a verdict for $15,000 in consequence of 
a defect in the highway was the means in 1877 of altering the law applicable to such 
cases. He married at Rochester, N. Y. , May 5, 1869, Emily Williston, daughter of 
Charles J. Hill, of Rochester, and his residence is now at Newtonville (Newton). 

John Tyler Hassam is descended from AVilliam Hassam, or Horsham, who came 
to New England in or about 1684, and settled in Manchester, Mass. This ancestor 
married in Marblehead, December 4, 1684, Sarah, daughter of Samuel Allen, of 
Manchester, and died in Manchester about 1735. Jonathan Hassam, son of the 
ancestor William, was born in Manchester, August 17, 1702, where he married, August 
10, 1727, Mary Bennett, and where he died February 21, 1754. William Hassam, son 
of Jonathan, was born in Manchester, August 11, 1752, married there Elizabeth, 
daughter of Ambrose Allen, May 15, 1780, and there died April 9, 1833. Jonathan, 
son of the last William, born in Manchester, May 23, 1784, married there October 
00, 1808, Sally, daughter of John Cheever, and in 1849, Mary, widow of Thomas 
Smith, and died in Manchester, January 14, 1859. John Hassam, son of Jonathan, 
born in Manchester, September 4, 1809, married May 15, 1836, Abby, daughter of 
Amos Hilton, of Manchester, and died in Boston, August 3, 1885. John Tyler Has- 
sam, the subject of this sketch, was the son of John Hassam, and was born in Boston, 
September 20, 1841. He fitted for college at the Boston Latin School and graduated 
at Harvard in 1863. In December, 1863, he entered the army as first lieutenant of the 
Seventy-fifth United States Colored Infantry, and remained in the service from 
December 8, 1863, to August 1, 1864, having taken part in the Red River expedition. 
He studied law in the office of Ranny & Morse in Boston and was admitted to the 
Suffolk bar December 13, 1867. Beginning as a lawyer in general practice he has 



BIOGRAPHICAL REGISTER. 233 

of late years devoted himself chiefly to conveyancing. Having early imbibed anti- 
quarian tastes, he has mingled with his professional occupations historic researches 
and is a member of both the New England Historic Genealogical Society and the 
Massachusetts Historical Society. Of the former of these he was six years chairman 
of the Library Committee and was one of the earliest promoters of those exhaustive 
researches in England, which have been carried on so successfully under its direction. 
To the Mont lily Register of the Society he has been a frequent contributor. Among 
his contributions have been "The Hassam Family," 1870; " Some of the Descend- 
ants of William Hilton," 1877; " Ezekiel Cheever and some of his Descendants," 
1879; "Boston Taverns," 1880; "Early Suffolk Deeds," 1881, and " The Dover Set- 
tlement and the Hiltons," 1882. He has been especially interested in the care and 
preservation of records, and was appointed April 5, 1884, by the Superior Court for 
the county of Suffolk, one of the commissioners under whose authority the indices in 
the registry of that county are made. The arrangement now going on of the original 
files of Suffolk County Courts, including the Superior Court of Judicature under the 
provincial charter, is largely due to his efforts. Indeed, in every possible way that 
a deep antiquarian interest could suggest, he has labored successfully for the safety 
and preservation of not only the records of Boston, but those also of the Common- 
wealth. He married in Salem, February 14, 1878, Nelly Alden, daughter of Dr. John 
Henry and Jane Reed (Smith) Batchelder, of Salem, and his residence is in 
Boston. 

John Andrew Noonan, son of Daniel A. and Ellen Noonan, was born in Boston, 
August 25, 1861, and graduated at Harvard in 1884. He studied law at the Boston 
University Law School and in the office of Burbank & Bennett of Boston, and was 
admitted to the Suffolk bar in June, 1886. He lives in South Boston. 

T. Frank Noonan, son of Edward and B. Jane Noonan, was born in Boston, and 
educated in the public schools. He studied law in Boston with Russell Gray and with 
Henry W. Swift, and was admitted to the Suffolk bar in 1884. 

William Mark Nokle, son of William T. and Rebecca W. Noble, was born in 
Springfield, Mass., February 27, 1865, and studied law at the Boston University Law 
School, and was admitted to the Suffolk bar in 1888. His residence is at Newton. 

Joseph D. Fallon, son of Daniel and Julia Fallon, was born in Galway county, 
Ireland, December 25, 1837, and was educated in private and national schools in Ire- 
land, at the Petit Seminaire in Montreal, and at the College of the Holy Cross in 
Worcester. He studied law with Jonathan Coggswell Perkins in Salem, and with 
George W. Searle in Boston, and was admitted to the Suffolk bar March 11, 1865. 
He has served nineteen years and eleven months on the Boston School Board, and 
since 1H74 has been a special justice of the Municipal Court for the South Boston I >is- 
trict. He married in Boston, in 1872, Sarah E. Daly, and lives in South Boston. 

Henry E. Fales, son of Silas and Roxa (Perrigo) Fales, was born inWalpole, Mass.. 
November 6, 1837. He was educated at the Walpole and Medway High Schools, and 
studied law with Todd & Pond in Boston. He was admitted to the Suffolk bar May 
4, 1864, and has been assistant district attorney for Worcester county, and member of 
the Massachusetts House of Representatives. He has been engaged in seven capital 
cases and in a general civil and criminal practice. He married at Milford, Mass.. 
November 5, 1867, Clara A. Hayward, .and lives in Milford. 
30 



234 HISTORY OF THE BENCH AND BAR. 

Benjamin Mark Farley, son of Benjamin and Lucy (Fletcher) Farley, was born in 
Hollis, N. H., April 8, 1783, and fitting for college at the New Ipswich Academy, N. 
H., graduated at Harvard in 1804. He studied law with Abijah Bigelow, of Leom- 
inster, and after admission to the bar began practice in Hollis, and remained there 
and at Groton, Mass., until 1855, when he removed to Boston. He was a representa- 
tive in New Hampshire from 1814 to 1829 with the exception of five years. He mar- 
ried first, September 26, 1805, Lucretia Gardner, who died April 30, 1809, and second, 
in September, L828, Mrs. Lucretia (Bullard) Parker, daughter of Rev. John Bullard, 
of Pepperell. He died at Lunenburg, Mass. , while passing the summer there Sep- 
tember 16, 1865. 

Edwin Hale Abbot, son of Joseph Hale and Fanny (Larcom) Abbot, of Boston, 
was born in Beverly, Mass., January 26, 1834, and graduated at Harvard in 1855. 
He was a tutor at Harvard from 1857 to 1862, meanwhile studying law at the Har- 
vard Law School, from which he graduated in 1861. He was admitted to the Suffolk 
bar November 11, 1862, and practiced in Boston until 1875 when he went to Mil- 
waukee and afterwards to New York. He married, September 19, 1866, Martha 
Trask, daughter of Eben Steele, of Portland, Me. 

John Edward Abbott, son of John S. and Elizabeth T. (Allen) Abbott, was born in 
Norridgewock, Me., November 30, 1845, and graduated at Wesleyan University, Mid- 
dletown, Conn., in 1869. He studied law in Boston in the office of John S. Abbott, 
and was admitted to the bar in Boston, March 8, 1872. He was admitted as an at- 
torney of the Supreme Court of the United States in 1885. He has been connected 
with important patent cases in the United States Circuit and Supreme Courts. He 
married at Compton, Province of Quebec, Canada, June 12, 1878, Alice G., daughter 
of Hon. M. H. Cochrane, and has his residence in Watertown, Mass. 

Henry Austin, son of William and Ellen Austin, was born in Charlestown, Mass., 
December 21, 1856, and graduated at Harvard Law School in 1879. He continued 
the study of law in the offices of Henry W. Paine and Robert D. Smith in Boston, 
and was admitted to the Suffolk bar in 1880. He is a special justice of the West Rox- 
bury Municipal Court and commissioner of insolvency for Suffolk county. He is the 
author of " American Farm and Game Laws," " The Liquor Law in the New Eng- 
land States," and "American Fish and Game Laws." His home is at West Rox- 
bury. 

George W. Norris, son of Trueworthy and Mary J. Norris, was born in Pittsfield, 
N. H. , March 13, 1840, and was educated at the public schools. He studied law in 
the offices of Arthur F. L. Norris, of Lowell, and Joseph Nickerson, of Boston, and 
was admitted to the Suffolk bar September 7, 1861. He has been president of the 
School Board of Woburn, where he lives, chairman of the Board of Water Commis- 
sioners of that city, and by appointment under President Cleveland agent for the Nez 
Perce tribe of Indians in Idaho. He married Sarah F. Williams at Chelsea, Mass., 
in 1863. 

Frederick Lewis Norton, son of Lewis R. and Harriet F. Norton, was born in 
Westfield, Mass., November 24, 1865. He graduated at Amherst College in 1886, and 
attended Johns Hopkins University, and studied law at the Boston University Law 
School. He was admitted to the Suffolk bar in July, 1889, and lives in Boston. 



9&9 ;, V ' 



j 'Vii 




BIOGRAPHICAL REGISTER. 235 

Lints Child, son of Rensselaer and Priscilla (Corbin) Child, was born in Woodstock, 
Conn., February 27, 1803, and passed his early years in the public schools and on his 
father's farm. He was finally placed under the charge of Rev. Samuel Backus, of 
East Woodstock, and later at the Bacon Academy in Colchester, Conn., where he- 
was fitted for college. He entered Yale College in 1820 and graduated in 1824. After 
leaving college he studied law at the Law School in New Haven and in the offices of 
S. P. Staples and Judge Daggett in that city and continued his studies m the office 
of Ebenezer Stoddard in his native town. He was admitted to the bar in Connecti- 
cut, but preliminary to his admission to the bar in Massachusetts he studied a short 
time in the office of George A. Tafts, of Dudley, Mass. It is stated in the history of 
Worcester county that he was admitted to the bar there in 182(3, which must be too 
early a date to admit of the prolonged periods of study in Connecticut and Massa- 
chusetts described by his biographers. He was admitted, however, to the bar in 
Massachusetts soon after the completion of his studies and established himself at 
Southbridge, Mass., where, on the 27th of October, 1827, he married Berenthia, 
daughter of Oliver Mason of that town. He remained in Southbridge eighteen years 
and during that time won for himself not only repute as a sound and sagacious law- 
yer, but as a political speaker, who by his logical and pursuasive appeals to the intel- 
ligence of the people, was a potential worker in the ranks of the Whig party to which 
he belonged. The writer well remembers the political gatherings in the Clay cam- 
paign of 1844, where his large and well proportioned figure, his massive head, his hand- 
some, expressive face and above all the convincing quality of his speech made him 
everywhere conspicuous and popular. During his residence in Southbridge he rep- 
resented Worcester county six years in the State Senate. In 1845 he was selected to 
take the agency of one or more of the large manufacturing corporations in Lowell 
and moved to that city. In Lowell, as in Southbridge, though having little time to 
devote to politics without impairing his usefulness in the responsible position he held, 
he did not fail to exert his powerful influence in those fields of usefulness in which it 
is the duty of every citizen to labor. In the welfare of his city and his church, in the 
good government of the one and the highest usefulness of the other, he took a deep 
interest, and gave to them freely his thoughts, his time and his means. In 1862 he 
removed to Boston and resumed there his professional business, associated with 
his son, who before that time had been admitted to the Suffolk bar and was then 
in practice in Boston. He died in Hingham, Mass., August 26, 1870. 

Linus Mason Child, son of Linus and Berenthia (Mason) Child, was born in South- 
bridge, Mass., March 13, 1835, and graduated at Yale College in 1855. He studied 
law in the office of his father in Southbridge and at the Harvard Law School, where 
he graduated in 1 858. He was admitted to the bar in Boston, October 16, 1858, and estab- 
lished himself in business in that city. He remained alone in practice until 1863, when 
his father, who, temporarily abandoning the law, had been since 1845 an agent of one or 
more of the mill corporations in Lowell, and had now removed to Boston, became as- 
s< iciated with him. Resembling his father, both in body and the quality of his mind, he- 
was not long in attracting to himself a clientage, whose interests he faithfully served 
and whose fullest confidence he enjoyed. He was the trusted counsel of the Middlesex 
Street Railway Company, as long as it had a distinct existence, and of the Old South 
Church corporation in its various conflicts under the law. He has been largely en- 



236 HISTORY OF THE BENCH AND BAR. 

gaged before committees of the Legislature, and his arguments in support of petitions 
for a charter of an elevated railway in Boston and in favor of or opposed to other 
railway schemes have added to a reputation already established. He married, Octo- 
ber 16, 1862, Helen, *a daughter of James Barnes, of Hmgham, and July 20, 1889, 
Ada M., daughter of J. R. Cummings, of Chelsea. He resides in Boston. 

Edward Belcher Callender, son of Henry and Adeline Jones (Stoddard) Callen- 
der, was born in Dorchester, Mass., February 23, 1851, and was fitted in the public 
schools for Harvard, where he graduated in 1872. He studied law at the Harvard 
Law School and in Boston in the office of Robert M. Morse, jr., and was admitted to 
the Suffolk bar April 24, 1ST."). He was a member of the Massachusetts House of 
Representatives in 1879. He has published " Thaddeus Stevens, Commoner," and 
various articles in the A in eric an Law Review and the SontJiern Law Review. He 
lives in Boston. 

Henry B. Callender, son of Henry and Adeline Jones (Stoddard) Callender, was 
born in Dorchester, Mass., January 1?, 1864, and was educated at the Boston public 
schools and the Roxbury Latin School. He studied law at the Boston University 
Law School and in the office of Lewis S. Dabney in Boston, and was admitted to the 
Suffolk bar February 2, 1887. His residence is in the Dorchester District of Boston. 

George Hylands Campbell, son of Charles H. and Ann Rebecca (Tucker) Camp- 
bell, was born in Amherst, N. H.. September 22, 1850, and was educated at Phillips 
Academy, Andover. He studied law at the Harvard Law School and in Boston in 
the office of Jewell, Gaston & Field, and was admitted to the Suffolk bar September 28, 
1874. He was private secretary of Governor Gaston, Governor Rice and Governor 
Ames during their respective administrations. 

Herbert Allen Chapin, son or Horace and Susan F. Chapin, was born in Chelsea, 
June (i, 1851, fitted at Chauncy Hall School and graduated at Harvard in 1871. He 
studied law- with Charles S. Lincoln, and was admitted to the Suffolk bar April 26, 
1879. He is clerk of the Somerville Police Court. He married in Boston in 1881, 
Mary M. Granger, and lives in Somerville. 

Herman White Chaplin, son of Rev. Dr. Jeremiah and Jane Dunbar Chaplin, was 
born in Providence, R. I., April 9, 1847, and graduated at Harvard in 1867. He 
studied law in the office of Henry W. Paine and Robert D. Smith, arid was admitted 
to the Suffolk bar June 21, 1869. He was assistant district attorney from 1875 to 
1877, member of the Prison Commission in 1887, and lecturer in the Harvard Law 
School in 1888-9, 1889-90 and 1890-91. He has published "Five Hundred Dollars 
and other Stories," and "Cases on Criminal Law r ," both issues with the imprint of 
Little, Brown & Company. He married Martha Louise Crowell, of Yarmouth, Mass. , 
June 26, 1890, and lives in Boston. 

B. Marvin Fernald, son of Benjamin and Caroline E. Fernald, was born in Great 
Falls, N. H., February 14, 1847, and fitting for college at Phillips Exeter Academy 
graduated at Harvard in 1870. He studied law with Joseph F. Wiggin, of Exeter, 
X. H., and was admitted to the Rockingham bar in 1873, and afterwards to the 
Suffolk bar. He was a member of the Massachusetts House of Representatives 
in 1881 and 1882, and a Senator in 1891 and 1892. He is now chairman of the Legis- 
lative Committee on the revision of the judicial system of the Commonwealth. He 



BIOGRAPHICAL REGISTER. 237 

has delivered many political and other addresses, among the latter being Decoration 
Day addresses at Melrose and Saugus. He married Grace, daughter of Richard F. 
Fuller, of Cambridge, November 1, 1874, and lives at Melrose. 

Frank A. Appleton, son of Melville C. and Roxanna T. Appleton, and born in 
Vassalboro', Me., April 18, 1860, was educated at Boston University, ami studied law 
at Boston University Law School. He was admitted to the bar at Dedham, Decem- 
ber, 3, 1890. 

David Sewall, son of Samue , and born in York, Me., October 7, 1735, graduated at 
Harvard in 1755, and studied law with Judge William Parker, of Portsmouth, N. II., 
whose daughter he married. He established himself in York, was appointed register 
of probate in 1766, and judge of the Superior Court of Judicature in 177 7, and judge of 
United States Court for the district of Maine in 1789. He sat on the bench till is is, 
and died at York, October 12, 1825. 

Francis Bernard, born in Nettleham, England, in 1714, educated at Oxford, a 
solicitor of Doctors Commons, was governor of Massachusetts from 1760 to 1769. He 
was made a baronet in 1769, and died in England, June 16, 1779. 

Robert Auchmuty was born in Scotland, whence his father removed to Ireland in 
1699. He was educated in Dublin, studied law in the Temple, and emigrating to 
America was admitted to practice in Boston in 1720. He was judge of the Court of 
Admiralty from 1733 to 1747. The high tone of the Massachusetts bar may be said 
to have been established by him. He died in Boston in April, 1750. 

Robert Auchmuty, jr., son of the above, was born in Boston, was a distinguished 
lawyer, and with Adams & Quincy defended Captain Preston and others connected 
with the Boston massacre. He was judge of admiralty from 1767 to 1776, was a 
loyalist, went to England, and there died in December, 1788. 

Thomas Aspinwall, son of Dr. William, was born in Brookline, Mass., August '!'■'•, 
1784, and graduated at Harvard in 1804. He studied law with William Sullivan and 
was admitted to the Suffolk bar in July, 1S07. In the war of 1812 he was major of the 
Ninth United States Infantry, distinguished himself in various battles, lost an arm 
at Lake Erie, and was made brevet lieutenant-colonel May 2!), 1813, and brevet col- 
onel September 17, 1814. He was United States consul at London from 1816 to 1854, 
and died in Boston, August 11, 1876. 

Joseph Kinnicut Angell, born in Providence, R. I., April 30, 1794, graduated at 
Brown University in 1813, and was admitted to the bar in 1S16. He was editor of 
the Laio Intelligencer and Review several years and was some years reporter to 
the Supreme Court of Rhode Island. His legal works were "Law of Carriers," 
" Law of Fire and Life Insurance," " Law of Highways," " Law of "Water Courses," 
" Law of Tide Waters," and " Limitations of Actions at Law in Equity and Admi- 
ralty." He died in Boston, May 1, 1857. 

Fisher Ames, son of Dr. Nathamiel, was born in Dedham, April 9, 1758, and gradu- 
ated at Harvard in 1774. He studied law with William Tudor, and the records of the 
Suffolk bar state that it was voted on the 3d of December, 1779, that he be considered 
a law student from the first day of January, 1779, and that at the expiration of three 
years from that day, he be recommended to be sworn on examination particularly in 
the practical business of the profession. But at a meeting of the bar on the 9th of 



238 HISTORY OF THE BENCH AND BAR. 

October, 17S1, it was voted " that notwithstanding the vote of December 3, 1779, re- 
specting Mr. Fisher Ames, he be recommended to the Court of Common Pleas for 
the oath of an attorney of that court, in consideration of his having studied for four 
years and upwards, and his present state of health requiring a relaxation from all 
study, and in consideration of his cheerfully offering himself to an examination, and 
his moral, political and literary character standing in the fairest point of view." He 
established himself in Dedham, but as the roll of Suffolk lawyers in 1793 contains 
his name, it is probable that he had an office in Boston also. In 1788 he was a rep- 
resentative, and member of the Constitutional Convention, and was a member of 
Congress from 1789 to 1797. He was chosen president of Harvard College in 1804 
and declined. He died at Dedham, July 4, 1808. 

l'.i njamin Amis, son of Benjamin and Phoebe (Chandler) Ames, was born in An- 
dover, Mass, October 30, 1778, and graduated at Harvard in 1803. He studied law 
with Samuel Dana at Groton, Mass., and was admitted to the Suffolk bar in Octo- 
ber, 1806. He established himself in Bath, Me., in 1807 was attorney of Lincoln 
county, in 1811 was judge of the Circuit Court of Common Pleas, and in 1820-23 
was speaker of the Maine House of Representatives. In 1824 he was president of 
the Senate, and in 1827 was again a member of the House. From 1827 to '29 he 
practiced in Cincinnati, and died in Houlton, Me., September 28, 1835. He married 
first at Andover, Mary, daughter of Abel and Polly (Abbott) Boynton, of Westford, 
Mass., who died at Bath, November 3, 1810, and second, May 11, 1812, at Bath, 
Sally, sister of his first wife. 

X viiian Ames, son of Daniel and Laura (Newcomb) Ames, was born in Roxbury, 
N. H., November 17, 1826, and fitting for college at Phillips Andover Academy, 
graduated at Harvard in 1848. He studied law with Franklin Dexter, and was ad- 
mitted to the Suffolk bar in October, 1853. He died in Saugus, August 17, 1865. 

Sampson Salter Blowers was born in Boston, March 22, 1742, and graduated at 
Harvard in 1763. He studied law with Thomas Hutchinson and was associated 
with Adams & Quincy in the defense of Captain Preston in 1770. A loyalist, he 
went to England in 1774, and returning in 1778 he found his name in the Prescrip- 
tion Act, and after a short imprisonment retired to Halifax, N. S., where in 1785 
he was appointed attorney-general, and in 1797 chief justice of the Supreme Court. 
He died at Halifax, October 25, 1842. 

William Brattle, son of Rev. William, was born in Cambridge, Mass., in 1702, 
and graduated at Harvard in 1722. He studied theology and preached for a time, 
practiced medicine and finally became a lawyer. He was chosen attorney-general 
and served in 1736 and 1 737. He was also a representative, and was a member of 
Council from 1755 to 1768. He was a loyalist, and retiring to Halifax died there in 
October, 1776. 

Nathaniel Byfield, son of Richard, was born in Long Ditten, England, in 1653, 
and came to Boston in 1674. About 1680 he removed to Bristol, then in Massachu- 
setts, and there practiced law, being promoted to the position of chief justice of the 
Court of Common Pleas for Bristol county. While living in Bristol he was also for a 
time judge of the Admiralty Court and judge of probate. He returned to Boston in 
1724, and was speaker of the House of Representatives, chief justice of the Common 
Pleas for Suffolk, and judge of admiralty. He died in Boston, June 6, 1733. 



BIOGRAPHICAL REGISTER. 239 

George Ticknor Curtis, brother of Benjamin Robbins Curtis already mentioned 
was born in Watertown, Mass., November 28, 1812, and graduated at Harvan 

1832. He was admitted to the Suffolk bar in August, 1836, and practiced many years 
in Boston. He has published many legal works and a life of Daniel Webster. Ami mg 
his works are "Rights and Duties of Merchant Seamen," "Equity Precedents," 
"Treatise on the Law of Patents." " Digest of the Decisions of the Courts of Com- 
mon Law and Admiralty," "Cases in the American and English Courts of Admi- 
ralty," "American Conveyancer," "Commentaries on the Jurisprudence, Practice, and 
Peculiar Jurisdiction of the Courts of the United States," and " History of the ( >rigin, 
Formation and Adoption of the Constitution of the United States." He is now liv- 
ing in New York. 

George Storer Bulfinch, son of Charles Bulhnch, the distinguished architect who 
drew the plans for the Boston State House- and the Capitol at Washington, was born 
in Boston, January 23, 1799, and graduated at Harvard in 1817. lie was admitted 
to the Common Pleas Court in Suffolk in 1825, and to the Supreme Judicial Court in 
March, 1826. He was many years librarian of the Boston Library, over the arch in 
Franklin street. He died in Boston in 1853. 

Elias Hasket Derby, great-grandson of Richard, grandson of Elias H., and son of 
Elias H., all of Salem, was born in Salem, September 24, 1803, and graduated at Har- 
vard in 1824. He studied law with Daniel Webster, and was admitted to the Com- 
mon Pleas Court in Suffolk in October, 1827, and to the Supreme Judicial Court in 
October, 1S29. He was a broad, progressive man, became a railroad lawyer, and 
was at one time president of the Old Colony Railroad. He died in Boston, March 30, 
1880. 

William Elliott was born in Marblehead, August 17, 1803, and graduated at Dart- 
mouth in 1826. He was admitted to the Suffolk bar and practiced law at Marblehead 
and Boston and at Lewiston, 111. He died in 1872. 

Abraham Eustis was born in Boston, March 28, 1786, and graduated at Harvard in 
1804. He studied law with Isaac Parker, and was admitted to the Suffolk bar in July, 
1807. He began practice in Boston. He distinguished himself in the war of 1812 as 
an officer in the United States army, and in 1834 was brevetted brigadier-general, and 
made colonel of First Artillery November 17, 1834. He died at Portland, June 27, 
1843. 

Richard Fletcher was born in Cavendish, Vt. , January 8, 1788, and graduated at 
Dartmouth in 1806. He studied law with Daniel Webster, and was admitted to the 
New Hampshire bar. In 1820 he was admitted to the Suffolk bar and remained in 
Boston until his death, June 21, 1869. He was a member of Congress from 1837 to 
1839, and judge of the Supreme Judicial Court from 1848 to 1853. He received a de- 
gree of LL.D. from Dartmouth in 1846, and bequeathed to that college $100,000. 

Richard Frederic Fuller, son of Timothy, was born in Cambridge, May 15, 1821, 
and graduated at Harvard in 1844. He was admitted to the Suffolk bar, I >ecember 
22, 1846, and died at W r ayland, Mass., May 30, 1869. 

John Gardiner, son of Dr. Sylvester Gardiner, was born in Boston in 1731, and 
studied law at the Inner Temple, London, and in June, 1761, was admitted to p 
tice as barrister in Westminster Hall. After a short practice in England he was ap- 



240 HISTORY OF THE BENCH AND BAR. 

pointed attorney-general at the Island of St. Christopher and removed there. After 
the Revolution he came to Boston, where he was recognized as a citizen by a special 
law passed February 13, 1784, and was a barrister in 1785. He afterwards removed 
to Pownalboro', in Maine, and was drowned off Cape Ann, October 15, 1798. He re- 
ceived a degree of Master of Arts from the University of Glasgow in 1755, and from 
Harvard in 1791. He married Margaret Harris, of Haverford, Wales. 

Francis Hiij.iakd, son of William, was born in Cambridge, and graduated at Har- 
vard in ISO:!. He was admitted to the Suffolk bar March 4, 1830. He was judge of 
the Roxbury Police Court, judge of insolvency for Norfolk county, and the author of 
"Digest of Pickering's Reports," " Sales of Personal Property," " American Law of 
Real Property." "American Jurisprudence," "Law of Vendors and Purchasers," 
"Treatise on Torts," " Remedy for Torts," "New Trials," " Law of Injunctions," 
and " Hilliard on Mortgages." He died in 1878. 

Levi Lincoln, son of Levi, was born in Worcester, October 25, 1782, and graduated 
at Harvard in 1802. He was admitted to the Worcester bar after studying with his 
father, and established himself in his native town. He was senator in 1812, speaker 
of the Massachusetts House of Representatives in 1822, lieutenant governor in 1823, 
judge of the Supreme Judicial Court in 1824, governor from 1825 to 1834, member of 
Congress from 1835 to 1841, collector of the port of Boston from 1841 to 1843, State 
senator again in 1844, and president of the Senate in 1845. He died in Worcester, 
May 29, 1868. 

George W. Searle, son of Joseph and Mary Searle, was born in Salem, Mass., 
January 22, 182(5, and was educated at the Boston schools and at Phillips Andover 
Academy. He studied law with Fuller & Andrew and with Richard Fletcher, and 
was admitted to the Suffolk bar October 11, 1847. He has written treatises with the 
following titles: " Of the Habeas Corpus," " Extraordinary Remedies, — Error, Cer- 
tiorari, Prohibition, Mandamus, Quo Warranto," "Legal Principles, their Exceptions 
and Limitations," " Patents," and " Hints on the Art of Advocacy." He has been a 
frequent contributor to the daily press as law critic and to the law reviews. He has 
been associated as counsel with Franklin Pierce and B. F. Butler in important crimi- 
nal trials. He married in December, 1849, Sarah F. Ball. He died in Boston, Octo- 
ber 18, 1892. 

Albert Lamb Lincoln, jr., son of Albert Lamb and Ann Eliza (Stoddard) Lincoln, 
was born in Boston, April 29, 1850, and after attending the public schools of Brook- 
line, graduated at Harvard in 1872. He studied law at the Harvard Law School and 
in the office of Robert M. Morse, jr., and was admitted to the Suffolk bar October 15, 
1875. He has been a member of the Board of Selectmen since 1886 and its chairman 
since 1848, and was a special justice of the Brookline Police Court from 1882 until his 
resignation in 1889. He married Edith, daughter of Moses Williams, of Brookline, 
October 9, 1879, and still lives in Brookline. 

Arthur Lincoln, son of Solomon and Mehitable (Lincoln) Lincoln, was born in 
Hingham, Mass., February 16, 1842, and was fitted for college at private and public 
schools in Hingham, and graduated at Harvard in 1863. He graduated at the Har- 
vard Law School in 1865, and finishing his law studies in the office of Lathrop & 
Bishop, was admitted to the Suffolk bar June 16, 1865. He was a representative in 





^l^L (5L^(^_ 




BIOGRAPHICAL REGISTER. 241 

1879-1880. He married Serafina, daughter of Joseph G. Luring, at Boston, Decem- 
ber 17, 1883, and has his residence in Hingham. 

Charles Sprague Lincoln, son of Christopher and Elizabeth Lincoln, was born in 
Walpole, N. H., April 20, 1826, and graduated at Harvard in 1850. He studied law 
at the Harvard Law School and in Boston in the office of Hutchins & Wheeler, and 
was admitted to the Suffolk bar October 5, 1854. He has been selectman, overseer of 
the poor, member of the School Committee, trustee of the Public Library, and repre- 
sentative from Somerville, where he still lives, and married there Louise E. Plimp- 
ton, October 8, 1856. 

Charles Plimpton Lincoln, son of Charles Sprague and Louise E. (Plimpton) Lin- 
coln, was born in Somerville, Mass. , May 7, 1859, and was educated at the Somerville 
High School. He studied law at the Harvard Law School and in Boston in the office of 
his father and was admitted to the Suffolk bar in January, 1889. He has been a 
member of the Common Council in Somerville, where he now lives. He married 
Mary Foote Lowe at Somerville, June 25, 1889. 

George Taylor Lincoln, son of George C. and Anna M. Lincoln, w-as born at 
Westboro, Mass., June 3, 1858, and was educated at the North Brookfield high and 
common schools. He studied law at the Harvard Law School, and was admitted to 
the Suffolk bar in May, 1884. He is the Massachusetts editor of the Northeastern 
Reporter, and has been engaged on the " Complete Digest." He married Hattie E. 
Wilson at West Newton, in June, 1886, and lives in West Newton (Newton). 

Theodore Lyman was born in Boston, February 19, 1792, and graduated at Har- 
vard in 1810. He studied law, but the editor is not certain as to his admission to the 

bar. He was mayor of Boston from 1832 to 1835, and died July 17, 1849. 

f 

William Powell Mason, son of Jonathan and Susannah (Powell) Mason, was born 
in Boston, December 9, 1791, and graduated at Harvard in 1811. He was admitted 
to the Common Pleas Court in Boston in September, 1814, and to the Supreme Judi- 
cial Court in December, 1816. He married Hannah, daughter of Daniel Dennison 
Rogers, October 24, 1831, and died in Boston, December 4, 1867. 

John Wingate Thornton was born in Saco, Me., August 12, 1818, and graduated 
at the Harvard Law School in 1840. He was admitted to the Suffolk bar April 13, 
1840, and lived and practiced in Boston until his death, June 6, 1878. He was a dis- 
tinguished antiquary, one of the founders of the N. E. Historic Genealogical So- 
ciety, a vice-president of the American Statistical Society, and of the Prince Publica- 
tion Society. His historical papers and reviews and essays were too numerous to 
mention. 

John Osborne Sargent was born in Gloucester in 1810, and graduated at Harvard 
in 1830. He was admitted to the Suffolk bar in January, 1834, and remained in Bos- 
ton until 1837, when he went to New York and became associate editor of the New 
York Courier and Enquirer. During his residence in Boston he was connected 
with the Boston Atlas, and in 1835 and 1836 was representative. Subsequently he 
edited the Republic newspaper in Washington, and practiced law in Washington and 
New York until his death in 1891. 

Thomas Oliver Selfridge, born probably in Boston about 1777, graduated at 
Harvard in 1797 and died in 1816. He studied law in Boston with Robert Treat 
31 



242 HISTORY OF THE BENCH AND BAR. 

Paine, and was admitted to the Suffolk bar in 1800. In 1806, as the result of a polit- 
ical quarrel, he shot Charles Austin in State street, Boston, and was tried for mur- 
der and acquitted. Samuel Dexter defended him and made one of those powerful 
and eloquent appeals to the jury for which he was distinguished. He was the father 
of Rear Admiral Thomas Oliver Selfridge of the United States navy. 

Matthew Hale Smith, son of Rev. Elias Smith, and well known to the last genera- 
tion as a correspondent of the Boston journal under the name of ' ' Burleigh," studied 
divinity and was successively a Universalist, Presbyterian, Episcopalian, and Bap- 
tist. He was the author of many theological and other works, and finally studied 
law and was admitted to the Suffolk bar in November, 1850. 

Frederick William Sawyer was born at Saco, Me., April 32, 1810, and in 1838 re- 
moved to Boston, where he was admitted to the Suffolk bar July 21, 1840, and prac- 
ticed law until his death, September 6, 1875. He published " The Merchant's and 
Shipmaster's Guide," " Plea for Amusements," and was a frequent contributor to the 
daily press. 

Jonathan Sewall, son of Jonathan, was born in Boston, August 24, 1728, and 
graduated at Harvard in 1748. He was appointed attorney-general of Massachusetts 
in 1767, and in the next year was made judge of the Nova Scotia Admiralty Court. 
In 1775 as a loyalist he went to England, and in 1788 settled in St. John, N. B., 
where he held the position of admiralty judge until his death in that place, Septem- 
ber 26, 1796. 

Benjamin Pratt was born in Cohasset, Mass., March 13, 1710, and graduated at 
Harvard in 1737. He studied law with Robert Auchmuty and married his daughter. 
He was a representative from Boston from 1757 to 1759 and was one of the few 
eminent lawyers in Boston of that day. He was appointed in 1761 chief justice of 
New York, and died January 5, 1763. 

George D. Noyes, son of Rev. George R. and Eliza (Buttrick) Noyes, was born in 
Brookfield, Mass., June 3, 1831, and graduated at Harvard in 1851. He studied law 
at the Harvard Law School and was admitted to the Suffolk bar September 17, 
1855. He married Susan P., daughter of John Wright, of Lowell, June 19, 1872, 
and lives in Brookline. 

Patrick O'Loughlin, son of Patrick and Catherine O'Loughlin, was born in En- 
nistymore, County Clare, Ireland, July 16, 1849, and was educated in Ireland in the 
Christian Brothers' Schools. He came to Boston June 5, 1864, and finished his edu- 
cation in the Boston public schools. He studied law at the Boston University Law 
School and in the office of Sumner Albee, and was admitted to the Suffolk bar, May 
20, 1878. He is now preparing a work on the Law of Fraternal, Social and Literary 
Societies. He married Catherine F. Kearns at Boston, June 5, 1884, and lives in 
Brookline. 

James Monroe Olmstead, son of John W. and Mary (Livingston) Olmstead, was 
born in Framingham, Mass., February 6, 1852, and fitting for college at the Roxbury 
Latin School graduated at Harvard in 1873. He afterwards attended the University 
of Berlin and the University of Heidelberg. He graduated at the Boston University 
Law School in 1877, and finishing his law studies with Jewell, Field & Shepard, was 
admitted to the Suffolk bar December 7, 1877. He was a representative from Ward 



BIOGRAPHICAL REGISTER. 243 

Eleven in Boston in 1891 and 1892. The special eases in which he has been engaged 
are Schmauz vs. Goos, 132 Mass., 141, Batchelder vs. Batchelder, 139 Mass., 1, and 
Fogg vs. Millis, 188 Mass., 443. He was instrumental in the introduction of the 
Australian ballot into the caucus system in Boston. He married Annie M. Batchel- 
der in Boston, May 29, 1879, and lives in Boston. 

George Read Nutter, son of Thomas F. and Adelaide R. Nutter, was born in 
Boston, August 9, 1863, and graduated at Harvard in 1885. He studied law at the 
Harvard Law School and was admitted to the Suffolk bar in 1889. He resides in 
Boston. 

John Adams, son of John and Susanna (Boylston) Adams, was born in Braintree, 
Mass., October 31, 173."), and graduated at Harvard in 1755. He studied law in Wor- 
cester and began practice in Boston in 1758, while retaining a residence in Braintree. 
He moved to Boston in 1768 and was soon after made a barrister. In 1770 he was 
one of the counsel defending Captain Preston and others for the Boston massacre, 
and in the same year was chosen representative. He was a delegate to the Congress 
of 1774 and 1775, and a member of the Provincial Congress. He was president of 
the Board of War in 1776-77, and in 1777 was appointed commissioner to France. 
He was appointed by Congress minister to treat with Great Britain for peace in 1779 
and in 1780 was sent to Holland to negotiate a loan. With Franklin and Jay he 
negotiated a treaty of commerce with Great Britain and in 1785 was sent minister to 
the Court of St. James. In 1788 he was chosen vice-president of the United States 
and in 1796 president. In 1820 he was a delegate to the State Convention, and died 
at Quincy, Mass., July 4, 1826. He married in 1764 Abigail Smith, of Weymouth. 

John Quincy Adams, son of John and Abigail (Smith) Adams, was born in Brain- 
tree, Mass., July 11, 1767. At eleven years oFage (in 1778) he went with his father 
to France and returned in 1779, having attended school in France during his absence. 
He returned to France in 1779 and continued his studies there and at Amsterdam 
and in the Leyden University. In 1781 at the age of fourteen he went with Francis 
Dana, minister to Russia, as his secretary, and after several years at St. Petersburg 
and Stockholm, Copenhagen and Hamburg, returned to America in 1785. He 
studied law with Theophilus Parsons, and was admitted to the Suffolk bar in 1791. 
In 1794 he was appointed minister to Holland, and in 1796 minister to Portugal. In 
1797 he was appointed minister to Prussia, but was recalled on the election of Jeffer- 
son and resumed practice in Boston. In 1802 he was chosen a member of the State 
Senate, and in 1803 United States senator. In 1806 he was appointed professor of 
rhetoric and belles-lettres at Harvard, and in 1809 he was appointed minister to Rus- 
sia. In 1815 he was appointed minister to England, and under President Monroe 
niade secretary of state. In 1824 he was chosen president and served one term. In 
1831 he was chosen by the anti-Masonic party member of Congress and he remained 
in Congress until his death, which occurred in the Capitol at Washington February 
23, 1848. He married, July 27, 1797, Louisa, daughter of Joshua Johnson, of Mary- 
land, American consul at London. 

Nathaniel Peaslee Sargeant, son of Rev. Christopher Sargeant, was born in 
Methuen, November 2, 1731, and graduated at Harvard in 1750. He practiced law 
in Haverhill, was a delegate to Provincial Congress in 1775, and in 1775 was appointed 
judge of the Superior Court of Judicature, being promoted in 1790 to chief justice, 
and dying in October, 1791, at Haverhill. 



244 HISTORY OF THE BENCH AND BAR. 

Theophilus Parsons, son of Rev. Moses Parsons, was born in Newbury, Mass., 
February 24, 1750, and graduated at Harvard in 1709. He was admitted to the bar 
in Portland in 1774, and after a practice of a year or two established himself in New- 
buryport in 1777. He removed to Boston in 1800 and was made chief justice of the 
Supreme Judicial Court in 1806, holding his seat until his death at Boston, October 
80, 1813. He married a daughter of Benjamin Greenleaf. 

Theophilus Parsons, jr., son of Theophilus, was born in Newburyport, May 17, 
1797, and graduated at Harvard in 1815. He studied law with William Prescott, and 
was admitted to the Suffolk bar February 16, 1819, beginning practice in Taunton 
but soon settling in Boston. He was largely engaged in literary work, including 
contributions to reviews and the press and several law books, among which are "Law 
of Contracts," " Elements of Mercantile Law," " Laws of Business for Business Men," 
" Maritime Law," " Notes and Bills of Exchange," " Law of Partnership," "Marine 
Insurance and General Average," and " Shipping and Admiralty." He was also the 
author of a memoir of his father and several volumes of essays. He was appointed 
in 1847 Dane professor of law in the Harvard Law School, a position which he held 
until his death, which occurred in Cambridge, January 26, 1882. 

Samuel Sewall was born in Boston, December 11, 1757, and graduated at Harvard 
in 1776. He settled in Marblehead, w r as at one time representative, was a member 
of Congress from 1797 to 1800, and made judge of the Supreme Judicial Court in 
1800. He was made chief justice in 1813 and served until his death at Wiscasset, Me., 
June 8, 1814. 

Isaac Parker was descended from John, who came from Biddeford, England, to 
Saco, Me., and in 1650 bought the island in the Kennebec River, called Parker's 
Island, and there died in 1661. He was born in Boston, June 17, 1768, and graduated 
at Harvard in 1786. He studied law in Boston with William Tudor, and was admit- 
ted to the Suffolk bar in 1789. He settled in Castine, Me., was representative in 
1791-93-94-95, member of Congress from 1797 to 1799, and United States marshal 
from 1797 to 1801. He removed to Portland, was appointed judge of the Supreme 
Judicial Court of Massachusetts in January, 1806, and made chief justice in 1814, serv- 
ing until his death, May 26, 1830. He was eleven years trustee of Bowdoin College, 
twenty vears an overseer of Harvard, and Royal professor of law at the Harvard 
Law School from 1816 to 1827. He received a degree of LL.D. from Harvard in 
1814. He married Rebecca, daughter of Joseph Hall, of Medford. 

James W. O'Brien was born in Charlestown, Mass., May 1, 1846, and was admitted 
to the Middlesex bar in 1867. He was a member of the Charlestown City Council in 
1870-71, and trustee of the Public Library. He practiced in Charlestown until its an- 
nexation to Boston in 1874, when he removed to Boston proper. 

Lemuel Shaw, son of Oakes and Susannah (Hayward) Shaw, was born in Barn- 
stable, Mass., January 9, 1781. His father, born in Bridgewater, Mass., June 10, 
1736, was ordained over the First Church in Barnstable, October 1, 1760, and died 
February 11, 1807, and his mother was a native of Braintree. He was fitted for col-* 
lege by his father and by Rev. Wm. Salisbury, of Braintree, and graduated at Har- 
vard in 1800. After leaving college he was usher in the Franklin (Brimmer) School 
under Dr. Asa Bullard, principal, and assistant editor of the Boston Gazette. In 
1801 he entered the law office of David Everett in Boston, and after a regular course 



BIOGRAPHICAL REGISTER. 245 

of study in Boston and Amherst, N. H., was admitted to the bar in Hopkinton, N. 
H., in September, 1804. He was afterwards admitted to the Massachusetts War at 
Plymouth in November, 1804, and established himself at Boston. He was a repre- 
sentative in 1811-12-13-14-15, a member of the Convention of 1820, a Senator in 
1821-22 and 1828-29, and wrote the act incorporating the city of Boston with the ex- 
ception of the section relating to public theatres and exhibitions, and the section 
establishing the Police Court of the city of Boston, which were drafted by William 
Sullivan. He was a member of the Boston Library Society, the Humane Society, 
the Massachusetts Historical Society, the Society for the Propagation of the Gospel 
among the Indians in North America, and the Academy of Arts and Sciences, a mem- 
ber of the Board of Overseers of Harvard twelve years, and one of the corporation of 
Harvard twenty-seven years. On the 23d of August, 1830, he was appointed chief 
justice of the Supreme Judicial Court and resigned August 31, 1860. He received 
the degree of LL.D. from Harvard in 1831 and from Brown in 1850, and died in Bos- 
ton, March 30, 1861. He married first Elizabeth, daughter of Joseph Knapp, of 
Boston, January 6, 1818, and second Hope, daughter of Dr. Samuel Savage, of Barn- 
stable, in August, 1827. 

Reuben Atwatkr Chapman was the son of a farmer and born in Russell, Mass., 
September 20, 1801. At first clerk in a store in Blanford, he studied law there and 
after admission to the bar practiced successively in Westfield, Monson, Ware, and 
Springfield, being in the last place a partner with George Ashmun. He was ap- 
pointed judge of the Supreme Judicial Court in 1860, and chief justice in 1868, hold- 
ing his seat until his death, which occurred in Fluellen, Switzerland, June 28, 1873. 
He received the degree of Master of Arts from Williams in 1836, and Amherst in 184 1 . 
and the degree of LL.D. from Amherst in 1861, and Harvard in 1864. 

Horace Gray, son of Horace, was born in Boston in 1828, and graduated at Har- 
vard in 1845, and from the Harvard Law School in 1849. He was admitted to the 
Suffolk bar February 14, 1851. In 1854 he was appointed reporter of the decisions of 
the Supreme Judicial Court, and his reports are contained in sixteen volumes, cover- 
ing the period from the Suffolk and Nantucket term of 1854 to the Suffolk term of 
November, 1860. In 1864 he was appointed judge of the Supreme Judicial Court and 
in 1873 chief justice. In 1882 he was made associate justice of the Supreme Court of 
the United States and is still on the bench. 

Thomas Green Fessenden was born in Walpole, N. H., April 22, 1771, and grad- 
uated at Dartmouth in 1796. He studied law, and after admission to the bar wrote a 
poem, entitled " Jonathan's Courtship," which attracted some attention. In London, 
in 1803, he published another poem "Terrible Tractoration," and in Boston, in 1806, 
published "Democracy Unveiled." In 1812 he practiced law at Bellows Falls, and 
in 1815 in Brattleboro, where he edited the Intelligencer. In 1822 he came to Bos- 
ton and published the New England Farmer until his death, November 11, 1837. 

William Reed was a Boston man, and was deputy judge of admiralty in 1766. 
He was appointed judge of the Inferior Court of Common Pleas for Suffolk county in 
1770, and held that office untirthe Revolution. He was a barrister in 1768. In 1775 
he was appointed judge of the Superior Court of Judicature and was superseded in 
1776. He died in 1780. 



246 HISTORY OF THE BENCH AND BAR. 

Jedediah Foster was born in Andover, October 10, 1726, and graduated at Har- 
vard in 1744. He settled in Brookfield, and was a delegate to the Provincial Con- 
gress in 1774-5. He was appointed judge of the Superior Court of Judicature and 
served till his death, October 17, 1779. 

Increase Sumner, son of Increase, a farmer in Roxbury, was born in that town No- 
vember 27, 1746, and graduated at Harvard in 1767. After graduation he taught 
school, and after studying law in Boston with Samuel Quincy was admitted to the 
Suffolk bar in 1770, and settled in Roxbury. He was representative from 1776 to 
1780, senator from 1780 to 1782, and in 1782 was appointed judge of the Supreme Ju- 
dicial Court, holding the seat until he was chosen governor in 1797, and died in office, 
June 7, 1799. He married, September 30, 1779, a daughter of William Hyslop, of 
Brookline, Mass. 

Nathan Cushing was born in Scituate, September 24, 1742, and graduated at Har- 
vard in 1763. He was appointed judge of the Supreme Judicial Court in 1790 and 
resigned in 1800. He died at Scituate, November 2, 1812. 

Thomas Dawes, son of Col. Thomas, was born in Boston, July 8, 1758, and grad- 
uated at Harvard in 1777. He studied law in -the office of John Lowell in Boston, 
and was admitted to the Suffolk bar in 1780. He was appointed in 1790 judge of 
probate for Suffolk county and in 1792 judge of the Supreme Judicial Court. He re- 
mained on the bench till his resignation in 1802, when he was again appointed judge 
of probate and held the office until his death, July 22, 1825. He was also appointed 
in 1802 judge of the Municipal Court in the town of Boston to succeed George Rich- 
ards Minot, who was appointed on the establishment of the court in 1800. He held 
this office until he was succeeded on his resignation by Josiah Quincy, who was ap- 
pointed January 16, 1822. 

Theophilus Bradbury was born in Newbury, Mass., November 13, 1739, and grad- 
uated at Harvard in 1757. He taught school in Falmouth, now Portland, and after 
studying law established himself in Falmouth, where he remained until 1779, when 
he removed to Newbury. He was a representative and senator, and also a member 
of Congress from 1795 to 1797, and judge of the Supreme Judicial Court from 1797 to 
1803. He died at Newbury, September 6, 1803. 

Simeon Strong was born in Northampton, March 6, 1736, and graduated at Yale 
College in 1756. He was admitted to the bar in 1761. He was representative from 
1767 to 1769, senator in 1793, and in 1801 was appointed judge of the Supreme Ju- 
dicial Court, remaining on the bench until his death at Amherst, December 14, 1805. 

Theodore Sedgwick, son of Benjamin, was born in Hartford, Conn., in May, 1740, 
and graduated at Yale in 1705. In April, 1766, he was admitted to the bar and prac- 
ticed in Great Barrington and Sheffield. In the Revolution he was on the staff of 
Gen. John Thomas in the expedition to Canada. He was a representative from Shef- 
field, delegate to the Continental Congress, and in 1788 to 1797 a member of Con- 
gress. He was speaker of the Massachusetts House of Representatives in 1788-9, 
United States senator from 1796 to 1799, and in 1802 he was appointed judge of the 
Supreme Judicial Court, serving until his death, which occurred in Boston, June 24, 
1813. 

Daniel Dewey was born in Sheffield, Mass., January 29, 1766. He studied law 
with Theodore Sedgwick, and settled in Williamstown in 1787 ; was a member of the 



BIOGRAPHICAL REGISTER. 247 

Executive Council, member of Congress in 1813-14, and appointed judge of the Su- 
preme Judicial Court in 1814, serving till his death, May 26, 1815. 

Samuel Putnam was born in Danvers, Mass., April 13, 1768, and graduated at Har- 
vard in 1787. After admission to the bar he began practice in Salem in 1790. He 
was State senator in 1808-9-13-14, representative in 1812, and a judge of the Supreme 
Judicial Court from 1814 to 1842. He died at Somerville, July 3, 1853. 

Leon Martin Abbott, son of Joseph B. and Lydia C. Abbott, born in Richmond, 
N. H., August 28, 1867, was educated at the High School in Keene, N. H., and grad- 
uated at Harvard. He studied law at the Harvard Law School, and was admitted 
to the Suffolk bar January 20, 1891. Residence at Keene, N. H. 

Samuel Appleton Browne Abbott, son of Josiah Gardner and Caroline (Livermore) 
Abbott, was born in Lowell, March 6, 1846. He graduated at Harvard in 1866, and 
studied law with his father. He was admitted to the bar in Boston in 1868, and to the 
United States Supreme Court in 1875. He married at Providence, R. I., October 15, 
1873, Abby Frances Woods. Residence in Boston. 

Roscius Harlow Back, son of Roscius and Harriet C, born in Union, Conn., May 
28, 1865, educated at common schools of Union and High School of Brimfield, Mass., 
studied law at Boston University Law School, admitted to the bar at Boston, 1889. 
Married Katharine E. Hart at Boston, December 1, 1888, residence in Boston. 

Dudley P. Bailey, son of Rev. Dudley Perkins and Hannah Barrows (Cushman), 
born in Cornville, Me., October 24, 1843, graduated at Colby University 1867, studied 
law with William L. Putnam, of Portland, admitted to Maine bar April 28, 1870, to 
Suffolk bar April 15, 1873, representative 1886-7. Residence at Everett, Mass., un- 
married. 

Andrew Jackson Bailey, son of Barker and Alice, born in Charlestown, Mass., 
July 18, 1840, graduated at Harvard 1863, was second lieutenant in the war, studied 
law with John W. Pettingill and Hutchins & Wheeler, admitted to bar 1867, repre- 
sentative 1871-72-73, senator 1874, city solicitor of Boston 1881. Married in January. 
1869, Abby V., daughter of John and Hannah Getchell, of Charlestown. 

Thomas Cogswell Baciielder, son of Dr. Samuel Fogg and Martha (Badger) Bach- 
elder, born at Gilmanton Iron Works, N. H., November 6, 1860, graduated at Har- 
vard 1883, studied law at Harvard Law School, and admitted to Suffolk bar January 
26, 1886, residence Dorchester District of Boston. 

Eugene Pendleton Carver, son of Nathan P. and Frances A. (Pendleton) Carver, 
born in Searsport, Me., September 5, 1860, educated at Boston University, studied 
law at Boston University Law School, admitted to Suffolk bar in June, 1882. Mar- 
ried Clara P. Porter, August 11, 1886, residence Arlington. 

John H. Casey, son of Jeremiah and Margaret, born in Somerville, Mass., Decem- 
ber 9, 1860, educated at public schools, studied law with Stearns & Butler and at Bos- 
ton University Law School, admitted to Suffolk bar January, 1885, residence Dor- 
chester District of Boston. 

• 

James Cooney, jr., son of James and Jane (Fields) Cooney, born in Ellington, Conn., 
January 3, 1851, educated at public and private schools, studied law at Yale Law 
School and in office of Judge De Forest, of Bridgeport, admitted to bar in New Haven, 
June 27, 1883, in Boston, January 20, 1885, residence Boston. 



248 HISTORY OF THE BENCH AND BAR. 

Edward O. Cooke, son of Russell and Mary V. (Otis) Cooke, born in Boston, Sep- 
tember 5, 1839, educated at public schools, studied law with John F. Colby in Boston, 
admitted to bar in Boston, November, 1879. Married daughter of Charles W. Morse, 
of Boston, residence Scituate. 

Francis Dana, son of Col. George H. and Frances Anne Matson Burke Dana, 
born in Singapore, educated at St. Paul's School, Concord, N. H., studied law at 
Harvard Law School and in the office of Joseph Willard, Boston, admitted to Suffolk 
bar in December, 1888, residence Boston. 

Richard Ela, son of Richard and Lucia (King) Ela, born in Washington, D. C, No- 
vember SO, 1850, graduated at Harvard 1871, studied law with Jewell, Gaston & Field 
and at Harvard Law School, admitted to bar in Boston, June, 1873, residence Cam- 
bridge. 

Michael F. Farrell, born in Kilkenny, Ireland, September 13, 1848, educated at 
Boston College, studied law with Edwin S. Hovey, admitted to Middlesex bar June, 
1871. Married Elizabeth M. Treanor at Somerville in 1874, residence Somerville. 

William Aspinwall, son of Col. Thomas and Louisa Elizabeth (Poignand) Aspin- 
wall, United States consul in London from 1815 to 1853, was born in London, February 
16, 1819, educated at a private school in Hammersmith, England, and graduated at 
Harvard in 1838. He graduated at the Harvard Law School in 1840, finished his law 
studies in the office of Franklin Dexter and George W. Phillips, and was admitted to 
the Suffolk bar in 1841. In 1847 he became a resident in Brookline, was town clerk 
from 1850 to 1852, representative in 1851 and 1852, member of the Constitutional Con- 
vention of 1853, senator in 1854, and assessor, selectman, and water commissioner. 
He married in January, 1848, Arixene Southgate, daughter of Richard King Porter, 
of Portland, and died at Brookline, October 25, 1892. 

Charles Sumner Hamlin, son of Edward Sumner and Anna Gertrude Hamlin, was 
born in Boston, August 30, 1861, and graduated at Harvard in 1883. He graduated 
also at the Harvard Law School in 1886, and finished his law studies in the office of 
Robert M. Morse. He was admitted to the Suffolk bar in 1886. He is an ardent 
Democratic politician, deeply interested in civil service and tariff reform and an 
ffective speaker on the political platform. In April, 1893, he was appointed by 
President Cleveland assistant secretary of the treasmy. Residence Brookline. 

Henry A. Scudder, son of Josiah and Hannah (Lovell) Scudder, born in Barn- 
stable November 25, 1819, studied law with his brother Zeno at Barnstable and in 
Boston with George T. Bigelow, admitted to Suffolk bar October 25, 1844, appointed 
in February, 1869, judge of the Superior Court, resigned 1872. Married, June 30, 1857, 
Mrs. Nanie B. Jackson, daughter of Captain Charles B. Tobey, of Nantucket, 
died at Washington, Jamiary 26, 1892. 

Asa Wellington, son of John, born in West Boylston, December 14, 1817, studied 
law with Ezra Wilkinson at Dedham, admitted to the Norfolk bar in 1850, practiced 
in Weymouth first, afterwards Boston. Married, November 9, 1850, Cornelia A. 
Thayer, of Weymouth, died in Boston, May 9, 1892. 

George W. Wake, jr., born in Boston, Octobers, 1837, graduated at Amherst 1859, 
Harvard Law School 1861. Married, December 14, 1865, Alice S., daughter of 
Edward S. Tobey, of Boston, died in Boston, February 12, 1890. 



BIOGRAPHICAL REGISTER. 249 

George Greenleaf Pratt, son of Rev. Enoch, born in Brewster in 1842, graduated 
at Harvard 1866, studied law with Richard H. Dana, jr., admitted to the Suffolk bar 
June 24, 1873, died at Waverly, May 4, 1890. 

Edward F. Head graduated at the Harvard Law School 1842, admitted to the 
Middlesex bar October, 1843, was a member of the Suffolk bar in 1848, removed to 
California and became judge of the Superior Court of San Mateo county, and died in 
San Francisco in April, 1890. 

John F. Colby, born in Bennington, N. H., March 3, 1834, graduated at Dartmouth, 
1859, admitted to the Suffolk bar December 14, I860, councilman in Boston 1878-79, 
representative 1886-87, died at Hillsboro', N. H., June 7, 1890. 

Gilman Marston, born at Orford, N. H., August 20, 1811, graduated at Dartmouth, 
is:!7, studied law at the Harvard Law School and in the office of Hubbard & Watts, 
of Boston, admitted to Suffolk bar April 22, 1841, practiced in Exeter, N. H., repre- 
sentative in New Hampshire eighteen years, member of Congress 1859 to 1863, and 
1865 to 1867, colonel and brigadier-general in the war, died at Exeter, N. H., July 3, 
1890. 

Edward Darley Boit, son of John, who was chief officer of the ship Columbia, 
which gave the name to Columbia River, born in Boston 1815, graduated at Harvard 
1834, and at Harvard Law School 1844, admitted to the Suffolk bar January 29, 1847, 
associated with Charles P. & B. R. Curtis, representative 1852-53. Married, June 13, 
1839, Jane P., daughter of John Hubbard, of Boston, abandoned law to become 
treasurer of several mill corporations, died at Cotuit, Mass., October 15, 1890. 

Edward P. Nettleton, born in Chicopee, Mass., November 7, 1834, graduated at 
Yale, 1856, captain in Thirty-first Massachusetts Regiment, made colonel June 7, 
1865, studied law at Springfield and Harvard Law Schools, admitted to Suffolk bar 
1867, appointed assistant United States attorney 1869, fourth assistant city solicitor 
1876, second assistant 1878, first assistant 1879, city solicitor 1881, corporation counsel 
of Boston 1882, judge advocate general on staff of Governor Robinson 1883. Married 
December 15, 1869, Mary E., daughter of Rev. Dr. J. T. Tucker, died at Boston, 
April 17, 1889. 

Peleg Whitman Chandler, son of Peleg, was born in New Gloucester, Me., April 
3, 1816, and graduated at the Bangor Theological Seminary in 1834 and at Bowdoin 
College in 1837. He studied law with his father and at the Harvard Law School 
and was admitted to the Suffolk bar. He was a city councilman 1843-45, president 
of the council the two last years, representative 1845-7, city solicitor 1845 to 1853, 
Fourth of July city orator in 1844, trustee of Bowdoin College, and received the de- 
gree of LL.D. from Bowdoin in 1867. He published two volumes of noted criminal 
trials and was connected for some time with the editorial management of the Boston 
Daily Advertiser. He married a daughter of Professor Parker Cleaveland and 
died in Boston, May 28, 1889. 

Francis Brinley, born in Boston, November 10, 1800, graduated at Harvard 1818, 
studied law Avith William Sullivan and admitted to Suffolk bar November, 1821, 
president of Common Council of Boston 1850-51, representative 1832, '50, '54, and 
senator 1852-53, '63. In 1857 removed to Tyngsboro', and then to Newport, R. I. 
Died at Newport, June 14, 1889. 
32 



250 HISTORY OF THE BENCH AND BAR. 

Henry Weld Filler, son of Henry W. Fuller and Esther, daughter of Captain 
Benjamin Gould, of Newburyport, born in Augusta, Me., January 16, 1810, gradu- 
ated at Bowdoin 1828, studied law with his father and at Harvard Law School, be- 
gan practice in Augusta, removed to Boston 1841, admitted to Suffolk bar October 
30, 1841, and became a partner with E. Hasket Derby, afterwards appointed clerk of 
United States Circuit Court. Married in 1835 Mary Storer, daughter of Nathaniel 
Goddard, of Boston, and died in Boston, August 14, 1889. 

Francis Fiske Heard, born in Wayland, January 17, 1825, graduated at Harvard 
1848. He practiced in Framingham from 1851 to 185G, and was afterwards, while in 
Boston, associated with E. H. Bennett in the Digest. He married two wives, the 
first of whom was Harriet, daughter of Dr. Israel Hildreth, of Dracut, and he died 
in Boston, September 29, 1889. 

Benjamin Pond, born in Salem, February 6, 1822, educated at Latin School, 
studied law with William Whiting, Boston, councilman 1857-8, judge of Municipal 
Court of East Boston District, resigned in 1887, died November 21, 1889. 

Francis Winthrop Palfrey, son of Rev. Dr. John G. Palfrey, born in Boston, 
April 11, 1831, graduated at Harvard 1851 and at Harvard Law School 1853, ad- 
mitted to Suffolk bar September 21, 1854, lieutenant-colonel, colonel of Twentieth 
Massachusetts Regiment, and brevet major-general, wounded at Antietam, author 
of "Antietam and Fredericksburg," register of bankruptcy- Married Louisa, daugh- 
ter of Sidney Bartlett, of Boston, and died at Cannes, France, December 5, 1889. 

Horatio E. Swasey, son of Horatio J., born in Standish, Me., educated at Gor- 
ham Academy, studied with his father and in Boston with Henry W. Paine, after 
admission associated with Thomas J. Gargan till 1882, then with his brother, Demo- 
cratic candidate for Congress in 1888, died in Boston, December 24, 1889. 

John H. Krey, born in Boston 1859, studied at the Boston Law School, admitted 
to Suffolk bar 1884, died in Boston, December 26, 1889. 

Joseph McKean Churchill, son of Asaph and Mary (Gardner) Churchill, born in 
Milton, April 29, 1821, graduated at Harvard 1840, and at Harvard Law School 1845, 
admitted to Suffolk bar 1845, overseer of Harvard 1856-58, representative 1858-5.9, 
member of the Executive Council 1859-60, of the Constitutional Convention 1853, 
captain Company B Forty-fifth Massachusetts Regiment in the war, special justice 
of the Boston Municipal Court 1867, associate justice 1871, married Augusta Phillips 
Gardner, and died at Milton, March 23, 1886. 

George L. Ruffin, born of free parents in Richmond, Va. , December 16, 1834, 
came with his parents to Boston 1853, attended Chapman Hall School, opened a bar- 
ber's shop, studied law with Jewell & Gaston, graduated at Harvard Law School 
1869, admitted to Suffolk bar September 18, 1869, representative 1870-71, councilman 
1876-77, appointed judge of Municipal Court of Charlestown District in November, 
1883, by Governor B. F. Butler, and died November 19, 1886. 

Isaac Hull Wright, born in Boston in 1816, went into business with his father, 
afterwards connected with the press, appointed navy agent at Boston in 1846, lieu- 
tenant-colonel and colonel of Massachusetts Volunteers in the Mexican war, studied 
law with Theophilus Parsons, admitted to Suffolk bar January 22, 1863, died in Dor- 
chester, December 22, 1886. 








fz^/££<2j^^A 




BIOGRAPHICAL REGISTER. 251 

Benjamin F. Brooks, born in Sturbridge, October 26, 1818, admitted to Suffolk 
bar October 7, 1840, many years a partner with Joshua D. Ball, died at Newton, Jan- 
uary 4, 1887. 

Charles Atwood, born in Haverhill, May 15, 1803, graduated at Yale 1821, died 
February 13, 1887. 

Henry Bromfield Rogers, born in Boston, April 4, 1802, graduated at Harvard 
1822, admitted to the Suffolk bar October 27, 1825, alderman in Boston in 1844-48-49- 
50-51, senator 1857, died in Boston, March 30, 1857. 

Henry Lunt, son of Rev. Dr. William Parsons Lunt and Ellen Hobart, daughter of 
Barnabus Hedge, of Plymouth, born in Quincy, Mass., March 28, 1842, graduated 
at Harvard 1863, studied law with Brooks, Ball & Storey, admitted to the Suffolk bar 
September 17, 1866, died at Quincy, April 7, 1887. 

Jonathan Palmer Rogers, son of Andrew and Elizabeth (Palmer) Rogers, born in 
Shapleigh, now Acton, October 10, 1802, went with his father at the age of twelve to 
Augusta, Me., studied law with Ruel Williams, admitted to the Penobscot bar 1826, 
settled in Bangor, attorney-general of Maine 1832, senator 1834, and removed to Bos- 
ton 1840, and admitted to Suffolk bar. He married Lucretia, daughter of Henry 
Page, of Hallowell, Me., and died in Boston, November 26, 1846. 

Justin Allen Jacobs, born in Cranston, R. I., February 3, 1818, graduated at Har- 
vard 1839, admitted to Middlesex bar June, 1850, died at Cambridge, January 3, 
1887. 

William Davis Buss, son of Alexander Bliss and Elizabeth, daughter of William 
Davis, of Plymouth, born in Plymouth, May 1, 1826, graduated at Harvard 1846, ad- 
mitted to Suffolk bar January 22, 1851, removed to Petaluma, Cal., and there died, 
November 1, 1886. 

Charles Folsom Walcott, born in Hopkinton, Mass., December 22, 1836, gradu- 
ated at Harvard 1857, at Harvard Law School 1860, died at Salem, June 11, 1887. 

Francis Bartlett Patten, son of J. Bartlett and Lucy P. Patten, born in Boston, 
January 11, 1858, graduated at Harvard 1879, studied law at the Boston University 
Law School, and was admitted to the Suffolk bar July 10, 1883, residence Boston. 

William Page, son of Thomas and Sarah (Cogswell) Page, born in Boston, August 
24, 1795, graduated at Harvard 1815, studied law with James T. Austin, and was 
admitted before 1822 to Suffolk bar, and died in Boston, April 11, 1867. 

George Sumner Forbush, son of James E. and Elizabeth W. Forbush, born in Ash. 
land, Mass. , April 17, 1853, studied law at Boston University Law School and with 
Judge Mellen Chamberlain in Boston, admitted to the Suffolk bar December 12, 1874, 
and married Grace Shipley Etheridge in Boston, June 25, 1877, residence Brookline. 

Joseph R. Churchill, son of Asaph and Mary Churchill, born in Dorchester, July 
29, 1845, graduated at Harvard 1867, at Harvard Law School 1869, admitted to the 
Norfolk county bar 1869, is judge of the Municipal Court of the Dorchester District 
of Boston. He married, February 21, 1871, at Dorchester, Mary, daughter of Dr. 
Benjamin Gushing, of Dorchester, residence in Dorchester. 

Edward James Flynn, son of Maurice and Mary Flynn, born in Boston, June 16, 
1859, graduated at Boston College in 1861. He studied law at Harvard and Boston 



i 5 2 HISTORY OF THE BENCH AND BAR. 

University Law Schools, and was admitted to Suffolk bar in January, 1884, repre- 
sentative in 1885 86 88, member of the Executive Council 1889-90-91, director of 
East Boston ferries 1887-88-89, president of Boston College Alumni Association, res- 
idence Boston. 

Elk itL. Packard, son of Nelson and Martha P. Packard, born in Brockton, Mass., 
| urn- 4, 1854, graduated at the Bridge-water Normal School in 1*72, studied law at 
the Boston University Law School and with Jonas R. Perkins and W. W. Wilkins at 
Brockton, admitted to Plymouth county bar in 1877, councilman in Brockton 1885, 
married at Hopkinton, Mass., December 25, 1884, Cora Lethbridge, residence in 
Wbburn since 1886. 

Frank M. Forbush, son of James E. and Elizabeth W. (Goddard) Forbush, born in 
Natick, Mass., September 20, 1858, studied law at the Boston University Law School 
and in the offices of George S. Forbush and Patrick H. Cooney, and admitted to the 
bar in Lowell, .September 13, 1882. He married at Natick, November 1, 1882, Annie 
Louise Mead, and lives in Natick. 

Jeremiah (i. Foley, son of Michael J. and Catherine Foley, born in North Leomin- 
ster, Mass., October 2, 1863, educated at Boston College, studied law with Charles 
A. Prince in Boston and at Boston University Law School, and admitted to Suffolk 
bar August 4, 1891, residence Boston. 

Edward Tyrrel Channing, son of William, was born in Newport, R. I., Decem- 
ber 12, 1791, and entered Harvard but did not graduate, receiving, however, the de- 
gree of Master of Arts in 1819 and of LL.D. in 1847. He was admitted to the Suf- 
folk bar in January, 1812, and began practice in Boston. He was a frequent and 
able contributor to the North American Review, and in 1819 its co-editor with 
Richard H. Dana. He delivered the Boston Fourth of July oration in 1817, and in 
1819 was appointed Boylston Professor of Rhetoric and Oratory at Harvard, holding 
the place until 1851 and performing work probably more useful than that of any 
professor since the college was organized. He died at Cambridge, February 8, 1856. 

William H. Baker, son of James E. and Eliza A. Baker, was born m Cornville, 
Me., July 22, 1865, and was educated at the Norridgewock Eaton School. He studied 
law at the Boston University Law School and with Charles Robinson and Blackmar 
& Sheldon in Boston, and was admitted to the Suffolk bar in August, 1887, and the 
Maine bar in Skowhegan in September, 1887, residence in Boston. 

Joseph Whitman Bailey, son of Loring Wourt and Laura A. (Avray) Bailey, was 
born in Fredericton, N. B., May 9, 1865, and was educated at the Collegiate School 
and University of New Brunswick at Fredericton. He studied law with Wetmore & 
Winslow, barristers at Fredericton, and at the Harvard Law School, and was admit- 
ted to tlie Suffolk bar in December, 1889, residence in Boston. 

Horace G. Allen, son of Stephen M. and Ann M. Allen, was born in Jamaica 
Plain, July 27, 1855, and educated at the Boston public schools. He studied law at 
the Harvard Law School, and was admitted to the Suffolk bar February 5, 1877. He 
has been councilman, and in 1891 was candidate for mayor of Boston. He married 
in 1881 Grace D. Chamberlain, of Brunswick, Me., residence in Roxbury. 

Hoi. i is Ri ssell Bailey, son of Otis and Lucinda Alden (Loring) Bailey, was born 
February 24, 1852, and graduated at Harvard in 1877. He graduated at the Harvard 



BIOGRAPHICAL REGISTER. 2S3 

Law School in 1878, and after a course of study in the office of Hyde, Dickinson & 
Howe in Boston, was admitted to the Suffolk bar in February, 1880. He ma 
Mary Persis, daughter of Governor Charles H. Bell, of New Hampshire, February 
12, 1884, and lives in Cambridge. 

Edward I. Baker, son of J. Alonzo and Maria M. Baker, was born in Eddington, 
Me., February 25, 1866, and studied law in the Boston University Law School ami in 
the office of Albert W. Paine, of Bangor, and was admitted to the Suffolk bar in 
October, 1887, residence in Boston. 

William B. De Las Casas, son of Francisco Beltran and Elizabeth Cardes (Pedrick) 
de las Casas, was born in Maiden, and graduated at Harvard in 1879. His father 
was a political exile from Spain in 1820, who had favored a constitutional govern- 
ment. He studied law in the Harvard Law School and in Boston in the office of 
Robert D. Smith, and was admitted to the Suffolk bar in 1885. He lives in Maiden, 
and for some years he has been an active and efficient promoter of civil service and 
tariff reform. 

Ebenezer Gay, son of Martin and Mary (Pinckney) Gay, was born in Boston, Feb- 
ruary 24, 1771, and graduated at Harvard in 1789. He studied law with Christopher 
Gore, and was admitted to the Suffolk bar in 1793. He began practice in Boston, 
occupying an office in Schollay's building, and secured almost at once a lucrative 
practice. He changed his residence to Hingham in 1805, but continued his business 
in Boston till 1809, after which date he enjoyed a large practice at the Plymouth county 
bar. He married Mary Allyne, daughter of Joseph Otis, of Barnstable, July 31, 1800, 
and died at Hingham, February 11, 1842. 

William H. Osborne, son of Ebenezer and Mary (Woodman) Osborne, born in Scit- 
uate, September 16, 1840, was educated at the East Bridgewater Academy and the 
State Normal School in Bridgewater, graduating at the last institution in 1860. He 
enlisted in 1861 as private in Company C, Twenty-ninth Massachusetts Regiment, was 
severely wounded near Malvern Hill, July 1, 1862, made prisoner, released on parole 
July 18, sent to hospital, and discharged in January, 1863. He studied law with Ben- 
jamin W. Harris in East Bridgewater, and was admitted to the Plymouth county bar 
June 15, 1864. He was representative from East Bridgewater in 1871 and 1883, 
published a history of the Twenty-ninth Regiment, and is now United States pension 
agent at Boston, having his residence in East Bridgewater. 

William Payne Blake, son of Edward and Mary M. J. (Dehon) Blake, was born in 
Dorchester, July 23, 1846, and graduated at Harvard in 1866. He studied law at the 
Harvard Law School and in Boston in the office of Hutchins & Wheeler, and was ad- 
mitted to the Suffolk bar September 14, 1869. He resides unmarried in Boston. 

George Andrew Blaney, son of George Arnold and Hannah M. C. Blaney, was 
born in Roxbury, April 16, 1853, and graduated at Harvard in 1874. He studied law 
at the Harvard Law School and in Boston in the office of Charles Robinson, and was 
admitted to the Suffolk bar May 13, 1878. He married Ella A. Fowlc at Wobura, 
June 2, 1880, and lives at West Newton. 

Elisha Hunt Allen, son of Samuel C. Allen, was born in New Salem, Mass., Jan- 
uary 28, 1804, and was a descendant from Edward Allen, who left England at the 
restoration and coming to New England settled on the Connecticut River. He re- 



254 HISTORY OF THE BENCH AND BAR. 

ceived an early acadamical education and began life as a clerk in a store, but find- 
ing business distasteful he fitted for college, and graduated at Williams in 1823. He 
studied law in his father's office, and after admission to the bar began practice in 
Brattleboro, Vt, where he remained two years. In 1828 he removed to Bangor, 
which at that time was the centre of a new country, as attractive to enterprising 

ng men in other parts of New England as the "West has been in later days. He 
there associated himself in business with John Appleton, afterwards chief justice 

te Supreme Judicial Court of Maine, the partnership continuing until the election 
of Mr. Allen to Congress in 1840. His election to the State Legislature in 1836 marked 
his entry into a political life, which continued unbroken except by his death. Though 
he had determined to devote himself to professional labors, a power beyond himself 
controlled his career and he remained in the Legislature five years, serving a part of 
the time as speaker of the House of Representatives. The period of his legislative 
service was a marked one in the history of Maine. Comparatively a new State, a 
vast number of important questions touching its establishment were to be settled, 
and added to these the question of the northeastern boundary became a perplexing 
and disturbing one. In the discussion of all these questions Mr. Allen took a promi- 
nent part, and a resolution introduced and advocated by him favoring the presence 
of a military force to prevent depredations on public lands and the removal of lum- 
ber beyond the limits of the State, did much towards securing that action of our gov- 
ernment which ended in the Ashburton treaty. In 1840 he was elected member of 
Congress as a Whig in opposition to Hannibal Hamlin the Democratic candidate, 
and thus the political field into which he had once resolved never to enter was en- 
larged instead of being abandoned. In 1846 he removed to Boston and became a 
member of the Suffolk bar. In 1849 he was a representative from Boston, and in 
that year was appointed consul to the Hawaiian Islands. During his residence in 
Boston the writer's acquaintance with him began which ripened into a friendship 
strengthening with years. A more cordial, warm-hearted, unselfish friend it has 
never been his fortune to find, and he is now glad of an opportunity to pay a tribute 
to his memory. His life in the Sandwich Islands was an agreeable one, and his pub- 
lic service was exceedingly creditable to himself and valuable to the government he 
for a time represented. The American element in Honolulu was by no means in- 
considerable and its influence with the Hawaiian government was a salutary one. 
Charles Coffin Harris, of Portsmouth, N. H., Stephen H. Phillips, of Salem, Edward 
P. Bond, of Boston, and many others occupied prominent official positions, and their 
presence went far towards not only making Mr. Allen's residence agreeable, but mak- 
ing also the performance of his official duties less irksome and difficult. After four 
years' service as consul he was appointed minister of finance of the Hawaiian govern. 
ment, and in 1857 chancellor of the kingdom and chief justice of the Supreme Court, 
holding the last mentioned office twenty years. During his official life he made re- 
peated visits to Washington in efforts to secure the adoption of treaties which he be- 
lieved would be advantageous both to the government he represented and to the 
United Stales. The treaty of 1875 was wholly his work in both inception and con- 
summation, and the admission of sugar and rice into the United States free of duty 
reciprocal with a like admission of the products of our own country into the Hawaiian 
Islands has accomplished all he expected and more than he promised. In 1876 he re- 



BIOGRAPHICAL REGISTER. 255 

signed both the positions of chancellor and chief justice and became resident minis- 
ter at Washington, occupying that position until his death, and at the last as dean of 
the Diplomatic Corps. He was married twice, first in early life at Brattleboro, Vt., 
to Miss Fessenden, of that town, and second, in 1857, to Mary Harrod, daughter of 
Frederick Hobbs, of Bangor. He died suddenly while attending a diplomatic recep- 
tion at the president's house in Washington, January 1, 1883. 

Henry William Paine, son of Lemuel and Jane Thompson (Warren) Paine, was 
born in Winslow, Me., August 30, 1810, and graduated at Waterville College in 1830. 
He studied law in the office of Samuel S. Warren, of China, Me., and at the Harvard 
Law School, and was admitted to the bar of Kennebec county in 1834. He opened 
an office in Hallowell and continued there in the active and successful practice of 
law until 1854, when he became a member of the Suffolk bar and a resident of Cam- 
bridge, which is still his home. He was a representative from Hallowell in the 
Maine Legislature in 1835-37, '53, and county attorney five years. Since his arrival 
in Boston he has enjoyed a large practice and won a reputation for skill, wisdom and 
profound knowledge of law, which places him in the front rank of his profession. A 
seat on the bench of the Supreme Judicial Court might have been his both in Maine 
and Massachusetts, but its attendant honors have failed to draw him away from his 
chosen career. He received the degree of LL.D. from Waterville College, or Colby 
University, as it is now called, in 1852. He married Lucy E. Coffin, of Newbury- 
port, Mass., Mayl, 1837. 

Elbridge Gerry, son of Elbridge and Ann (Thompson) Gerry, was born in Cam- 
bridge, Mass., June 12, 1793, and graduated at Harvard in 1813. He studied law 
with his brother-in law, James T. Austin, in Boston. He was appointed surveyor in 
the Boston Custom House by President John Quincy Adams, and removed by Jack- 
son in 1830, and was a representative from 1831 to L835. He died at New York, May 
18, 1867. 

Harvey Deming Hadlock is descended in the seventh generation from Nathaniel, 
who came from England in 1038 and settled in Charlestown. In 1653 Nathaniel was 
one of the founders of Lancaster. His son, Nathaniel, born in Charlestown, July 16, 
1643, settled near the Ipswich line, and married Remember Jones, of Gloucester. 
Though not a Quaker, his sympathies were excited in their behalf, and he was pun- 
ished for declaring " that he could receive no profit from Mr. Higginson's preaching, 
and that in persecuting the Quakers the government was guilty of innocent blood." 
Samuel Hadlock, son of the second Nathaniel, was born April 27, 1687, and married 
Jane Gorton in 1708. Samuel Hadlock, son of Samuel, married Hannah Tappan, 
January 25, 1737, and had a son, Samuel, born August 16, 1746, who married Mary 
Andrews, of Ipswich. November 10, 1768. Samuel and Mary had a son, Samuel, 
born July 6, 1771, who married Sarah Manchester. Edwin Hadlock, son of Samuel 
and Sarah, born January 17, 1814, married Mary Ann, daughter of John and Mary 
(Gilley) Stanwood, and was the father of Harvey Deming Hadlock, the subject of this 
sketch. Samuel Hadlock, the grandfather of Harvey, removed from Massachusetts 
to Maine in the early part of this century and established himself on Little Cranberry 
Island, most of which he had purchased, and there carried on the shipping business 
so successfully as to amass what for those days was a fortune. There he died in No- 



25 6 HISTORY OF THE BENCH AND BAR. 

vember, 1854. His son Edwin who had been a seafaring man retired from the sea 
on the death of his father and succeeded to his business, and died at Cranberry Isles. 
September 15, 1 s ">. 

At Cranberry Isles, Harvey Deming Hadlock was born, October 7, 1843. His 
education was received from his mother, a woman of strong intellect and more than 
ordinary culture, and in the schools of his native town. At the age of thirteen his 
parents removed to Bucksport, Me., and there he became a student in the East 
Maine Conference Seminary, where he pursued an advance course of classical study, 
enjoying also the benefits of private instructors. Subsequently at the Maine State 
Seminary, now Bates College, and at Dartmouth, he pursued a course of scientific 
study, and thus became fully equipped for a start in the professional career which he 
had determined to pursue. On the 7th of September, 1863, by the advice and with 
the influence of Governor Edward Kent, he entered the law office of Samuel F. 
Humphrey, of Bangor, and on the 6th of January, 1865, at the age of twenty-one 
years he was admitted after examination to the Maine bar and established himself in 
Bucksport. Soon after his admission, business having led him to New Orleans, he 
there pursued the study of civil and maritime law under Christian Roselius, return- 
ing to Bucksport in the spring of 1866. In 1868 he visited the West and at Omaha 
was admitted to practice in the courts of Nebraska. In the autumn of the same year 
he was admitted to the Suffolk bar and opened an office in Boston. In the spring of 
1869 he was called to New York on a case pending in the Federal Courts, and there 
he was admitted to practice in the State and Federal Courts. In the autumn he re- 
turned to Boston, remaining until the spring of 1871 when, believing that the com- 
pletion of projected railroads would largely promote the prosperity and growth of 
Bucksport, his adopted home, he returned there and resumed practice. He remained 
in Bucksport .until 1881, enhancing his reputation and widening his legal field, and 
m that year removed to Portland. From 1881 to 1887 he remained in Portland, 
maintaining as a member of the Cumberland bar the leading position he had held 
at Bucksport, practicing in both State and Federal Courts and managing important 
cases in which civil, criminal and maritime law were involved. In 1887 he again 
established himself in Boston, and after five years in full practice there contributed 
by a clientage in Maine, New Hampshire, Massachusetts and New T York, it may be 
confidently stated that the Suffolk bar will be the central point of his future profes- 
sional life. The many important cases in which he has acted and is acting as coun- 
sel afford abundant evidence of his skill and success. Among the criminal cases may 
be mentioned the defence of Azro B. Bartholomew at Boston in March, 1872, indicted 
for murder, and the defence of Edward M. Smith at Ellsworth in April, 1877, charged 
with the murder of the Trim family at Bucksport in 1876. Among the cases in 
maritime law may be mentioned Sawyer vs. Oakman, argued in New York in 1870 
and reported in Blatchford's Reports, and Gould vs. Staples, tried in 1881 in the 
United States Circuit Court in Maine, reported in the ninth volume of the Federal 
Reporter. Among railroad cases there are Spofford, petitioner for certiorari, vs. 
Bucksport and Bangor Railroad Company, reported in Maine Reports 66, 26, Bucks- 
port and Bangor Railroad Company vs. Inhabitants of Brewer, in Maine Reports 67, 
295, and Deasy, admisistrator, vs. Grand Trunk Railway Company of Canada. 
Among those cases now pending are that of the Jenness will cise, entitled Patten vs. 



BIOGRAPHICAL REGISTER. 257 

Cilley, on a writ of error from the United States Circuit Court in New Hampshire to 
the United States Circuit Court of Appeals for the First Circuit, and that of Campbell 
vs. Haverhill and eleven other cities on writ of error from the United States Circuit 
Court for Massachusetts to the Supreme Court of the United States, and Campbell 
vs. Mayor and Aldermen and Commonalty of the City of New York, involving sev- 
eral millions of dollars in their decision, and now pending on an accounting in the 
United States Circuit Court for the Southern District of New York. Mr. Hadlock 
married, January 26, 1865, Alexene L., daughter of Captain Daniel S. Goodell, of 
Searsport, Me. 

John Henry Hardy, son of John Henry and Hannah (Farley) Hardy, was born in 
Hollis, N. H., February 2, 1847, and graduated at Dartmouth, INTO. He studied 
law at the Harvard Law School and in the offices of Edward F. Johnson, of Marl- 
boro' and Robert M. Morse, jr., of Boston, and was admitted to the Suffolk bar, Jan- 
uary 22, 1872. He was a representative in 1884, and appointed June 3, 1885, asso- 
ciate justice of the Municipal Court of Boston, a position he still holds. He married 
at Littleton, Mass., August 31, 1871, Anna I. Conant, and lives in Arlington. 

Josiah Gardner Abbott was descended from George Abbott, who came from 
Yorkshire, England, and settled in Andover in 1643. Caleb Abbott, the fifth in de- 
scent from George, was a merchant in Chelmsford, Mass., and married Mercy, daugh- 
ter of Josiah Fletcher. His children were Mercy Maria, born January 24, 1808, died 
August 21, 1825; Lucy Ann Lovejoy, born September 16, 1809; Caleb Fletcher, born 
Septembers, 1811; Josiah Gardner, the subject of this sketch, born at Chelmsford, 
November 1, 1815, and Evelina Maria Antoinette, born September 14, 1817. Josiah 
Gardner received his early education at the Chelmsford Academv under the instruc- 
tion of Ralph Waldo Emerson, its principal, and he never forgot the lessons learned 
from that eminent philosopher. He entered Harvard at the end of his twelfth year 
and graduated in 1832. He studied law in Lowell with Nathaniel Wright and Amos 
Spaukling and at the Harvard Law School, and was admitted to the bar in Decem- 
ber, 1835. After admission to the bar he was associated as partner two years with 
Mr. Spaulding, one of his instructors, and in 1840 formed a partnership in Lowell 
with Samuel Appleton Brown. By this time he had fairly entered on a professional 
career which was destined to be a brilliant one. With great natural gifts and a 
foundation of legal knowledge and methods firmly laid, he found himself in an arena, 
that of the Middlesex bar, where hard knocks were to be received and where alone 
hard knocks in return could prevail. No other bar in the State presented so many 
obstacles to the advancement of a superficial, timid and unskillful man, and none 
presented greater attractions to one conscious of his power and eager to measure 
swords with its well trained professional gladiators. To such an arena was Mr. Ab- 
bott introduced, and in his frequent contests with such men as Butler, Farley, 
Sweetser and Wentworth, he not only fought an equal fight, but sharpened his lance 
for future contests. In 1855 the sessions of the old Common Pleas Court in Suffolk 
county were abolished by law and the Sirperior Court for the county of Suffolk was 
established. The judges of this court were Albert H. Nelson, chief justice, and 
Josiah G. Abbott, Stephen G. Nash, and Charles P. Huntington, associates, all ap- 
pointed October 13, 1855. Judge Abbott resigned in 1S58, and Marcus Morton, jr., 
was appointed to succeed him. Under the law establishing this court its judges were 
33 



258 HISTORY OF THE BENCH AND BAR. 

ex officio judges of the Municipal Court, as the judges of the Common Pleas Court 
had been before them since 1843. After leaving the bench Judge Abbott opened an 
office in Boston, abandoning Lowell except as a place of residence, which he retained 
there until 1861, when Boston became his permanent home. In 1860 a seat on the 
bench of the Supreme Judicial Court was offered to him but declined. In 1837 he 
was a member of the Massachusetts House of Representatives, and in 1842 and 1843 
a member of the Senate. In 1840-41 he was a member of the staff of Governor Mor- 
ton, in 1853 a member of the Constitutional Convention, and in 1875 and 1876 a mem- 
ber of Congress. Several times the Democratic candidate for governor and for 
United States senator, many times a delegate to Democratic National Conventions, he 
was always a trusted leader of the party, in whose principles he was a firm believer 
and to whose interests he was always devoted. Judge Abbott married, July 18, 1838, 
Caroline, daughter of Edward St. Loe Livermore, chief justice of the Supreme Court 
of New Hampshire. Few men at the north laid heavier sacrifices during the war on 
the altar of his country. Of seven sons four enlisted for service, Edward Gard- 
ner, born September 29, 1840, and a graduate of Harvard in 1860, as brevet major, 
was killed at the battle of Cedar Mountain. Henry Livermore, born January 21, 
1842, a graduate also of Harvard in 1860, as brevet brigadier-general, was killed in 
the Wilderness. Fletcher Morton, born February 18, 1843, served on the staff of 
General William Dwight. Samuel Appleton Browne, born March 6, 1846, and a 
graduate of Harvard in 1866, and now an efficient trustee of the Boston Public 
Library, enlisted at the age of sixteen, but was not called into service. He is a mem- 
ber of the Suffolk bar and mentioned elsewhere in this register. Franklin Pierce 
Abbott, another son, is also a member of the Suffolk bar, as well as Grafton St. Loe, 
the sixth son, and Holker Welch Abbott is an artist. Judge Abbott received a 
degree of LL.D. from Williams College in 1862. He died in Boston, June 6, 1891. 

William Allen, son of William, was born in Brunswick, Me., March 31, 1822, and 
graduated at Amherst in 1842. He studied law at the Yale Law School and at North- 
ampton, where he was admitted to the bar in 1845. In 1881 he was appointed judge 
of the Supreme Judicial Court, holding his seat until his death in 1891. 

John Forrester Andrew, son of John A. and Eliza Jane (Hersey) Andrew, was 
born in Hingham, Mass., November 26, 1850, and graduated at Harvard in 1872. He 
graduated also at the Harvard Law School in 1875, and studied in the office of Brooks, 
Ball & Storey in Boston, and was admitted to the Suffolk bar in 1875. He was a 
representative from Boston in 1880-81-82, and a senator in 1884 and 1885, chosen for 
the first of these years as a Republican and the second as a Democrat. In 1886 he 
was the Democratic candidate for governor, and in 1888 and 1890 was elected to Con- 
gress from the Third Massachusetts District on the Democratic ticket. He married 
in Boston, October 11, 1883, Harriet, daughter of the late Nathaniel and Cornelia 
(Van Rensselaer) Thayer, and his residence is in Boston. 

Montressor Tyler Allen, son of George W. and Mary L. (Tyler) Allen, was born 
in AVoburn, Mass., May 20, 1844, and served a short time in the Civil War in Com- 
pany G, Fifth Massachusetts Regiment. He was educated at the Warren Academy 
and at the Boston University, and graduated from the Boston University Law School 
in 1878. Previous to studying law he was engaged several years in mercantile pur- 
suits. He was admitted to the Suffolk bar in 1879, and has since that time practiced 



BIOGRAPHICAL REGISTER. 259 

in Boston, while retaining his residence in Woburn. He was a member of the House 
of Representatives in 1888-89, and married in Boston in June, 1865, Julia Frances, 
daughter of John and Ruth (Magoun) Peasley. 

Edward C. Carrigan, born in England, March 15, 1850, came to New England in 
1857. He enlisted as a drummer boy in the First Vermont Regiment at the age of 
thirteen, and after leaving the army attended Dean Academy, the Boston Evening 
High School, and graduated at Dartmouth in 1S7T. He studied law in the office of 
Benjamin F. Butler in Boston, and at the Boston University Law School, and was 
admitted to the Suffolk bar. Having received his earliest education at the Evening 
High School he felt a deep interest in that institution, and having received from the 
Boston School Board a teacher's certificate of the highest grade, he was placed in 1881 
at the head of that school. In 1883 he was appointed a member of the State Board of 
Education and educational interests shared with his professional occupations his time 
and labors. The free text book act, the illiterate minor bill, and the evening school 
law, were largely due to his persistent efforts. He was unmarried, and died sud- 
denly while traveling through Colorado, November 7, 1888. 

Wallridge Abner Field, son of Abner and Louisa Griswold Field, was born in 
Springfield, Vt., April 26, 1833, and graduated at Dartmouth in 1855. After grad- 
uating he remained at Dartmouth as a tutor in 1856 and 1857, and filled the same 
place again in 1859. He studied law at the Harvard Law School and in Boston in 
the office of Harvey Jewell, and was admitted to the Suffolk bar May 12, 1860. In 
1865 he was appointed assistant United States attorney and served until 1869, when 
he was appointed assistant attorney-general of the United States. He resigned his 
office in Washington in 1870, and resumed practice in Boston with Harvey Jewell 
and Wm.- Gaston under the firm name of Jewell, Gaston & Field. In 1881 he was 
appointed judge of the Supreme Judicial Court, and on the resignation of Marcus 
Morton in 1890, was made chief justice. Judge Field was a member of the Boston 
School Board in 1863-64, a common councilman in 1865-66-67, and a member of the 
Forty-sixth Congress. He married first in 1869 Eliza E. McLoon, and second in 1882 
Frances E., daughter of Nathan A. Farwell, of Rockland, Me. 

Oliver Wendell Holmes, jr., son of Oliver Wendell and Amelia Lee (Jackson) 
Holmes, was born in Boston, March 8, 1841, and graduated at Harvard in 1861. He 
was commissioned first lieutenant in the Twentieth Massachusetts Regiment, after- 
wards lieutenant-colonel and brevet colonel, having been wounded at Ball's Bluff, 
Antietam and Fredericksburg. He graduated at the Harvard Law School in 1866, 
and after further pursuing his law studies in the offices of Robert M. Morse, jr., and 
George O. Shattuck in Boston, he was admitted to the Suffolk bar March 4, 1867. 
His lectures at the Lowell Institute upon the common law established his reputation, 
and in 1882 he was appointed professor in the Harvard Law School. In the same 
year he was appointed judge of the Supreme Judicial Court and is still on the bench. 
In 1886 he received the degree of LL.D. from Yale. He married, June 17, 1872, 
Fanny Bowditch (Dixwell), and lives in Boston. 

William Saxton Morton, son of Joseph and Mary (Wheeler) Morton, was born in 
Roxbury, September 22, 1809, and graduated at Harvard in 1831. He received his 
earlier education at the Milton Academy, at Greene's School at Jamaica Plain, and 



260 HISTORY OF THE BENCH AND BAR. 

at Phillips Exeter Academy. He studied law in the offices of Perez Morton, who had 
been attorney-general, and Sidney Bartlett in Boston, and was admitted to the Suf- 
folk bar February 10, 1835. For a short time he practiced law in Amherst, N. H., 
and moved to Quincy in 1840, where he held his residence until his death. He was a 
delegate to the Constitutional Convention in 1853, president of the Bank and Insur- 
ance Company in Quincy, chairman of the School Board, and trial justice for Norfolk 
county. He married, October 3, 1839, at Boston, Mary Jane Woodbury, daughter of 
Thomas and Martha (Woodbury) Grimes, and died at Quincy, September 21, 1871. 

John Foster, born in England, came to New England before 1682. He was named 
councillor in the charter of 1692 and continued in office until his death, February 
9, 1711. He was appointed judge of the Inferior Court of Common Pleas for Suffolk 
county March 3, 1693, and served until January, 1710. 

Jeremiah Dimmer, son of Richard, was born in Newbury, September 14', 1645. He 
was appointed judge of the Inferior Court of Common Pleas for Suffolk county in 
1702, and sat on the bench until 1715. He died May 24, 1718. 

Thomas Palmer was appointed judge of the Inferior Court of Common Pleas in 
1711, and after the death of Judge Town send in 1727 was made chief justice, serving 
until his death, October 8, 1740. 

Edward Lyde was appointed judge of the Inferior Court of Common Pleas for Suf- 
folk county December 29, 1715, and served until 1723, when he probably died. 

Adam Winthrop, fourth in descent from Governor John Winthrop, and the third 
bearing the same name, graduated at Harvard in 1694. He was a representative 
from Boston in 1714, and a member of the Council. He was appointed judge of the 
Inferior Court of Common Pleas for Stiff oik county December 29, 1715, and after the 
death of Judge Palmer in 1740 was made chief justice, resigning in 1741, and dying 
October 2, 1743. 

Edward Hutchinson, son of Judge Elisha Hutchinson, was born in 1678. He was 
a representative from Boston in 1717 and 1718, and was appointed judge of the In- 
ferior Court for Suffolk county in 1723, serving until 1731, when he was removed by 
Governor Belcher. In 1740 he was reappointed, and on the resignation of Judge 
Winthrop in 1741 was made chief justice, serving until his death, March 16, 1752. 
He was also judge of probate. 

John P. Healey, son of Joseph, was born in Washington, N. H., in 1810, and grad- 
uated at Dartmouth in 1835. He studied law in the office of Daniel Webster in Bos- 
ton, and was afterwards associated with him in business until the death of Mr. Web- 
ster in October, 1852. He was not in the fullest sense a partner, as a large amount 
of Mr. Webster's business was his own, in which Mr. Healey had no interest. But 
for many years even these cases were largely prepared by him, and to that extent 
of course he received his share of the fees. After the death of Mr. Webster he was 
in full practice alone until 1856, when he was chosen by the City Council city solic- 
itor, the sixth incumbent of that office. The first was Charles Pelham Curtis, holding 
office from from 1827 to 1829; the second, John Pickering, from 1829 to 1846 ; the 
third, Peleg Whitman Chandler, from 1846 to 1853; the fourth, George Stillman Hil- 
lard, from 1853 to 1855; the fifth, Ambrose A. Ranney, from 1855 to 1856; John P. 
Healey, 1856 to 1881. In 1881 the office of corporation counsel was established and 



BIOGRAPHICAL REGISTER. 2 6i 

Mr. Healey was appointed and held the office until his death, January 4, 1882. Ed- 
ward P. Nettleton was chosen city solicitor July 4, 1881, as the successor of Mr. Hea- 
ley, and in January, 1882, after Mr. Healey' s death, he was appointed corporation 
counsel. Mr. Nettleton resigned December 24, 1888, and James B. Richardson was 
appointed in his place January 1, 1S89, and held the office until May 1, 1891, when 
Thomas M. Babson, the present incumbent, was appointed. Andrew Jackson Bailey 
was appointed city soliciter in November, 1881, to succeed Mr. Nettleton and is still 
in office. Mr. Healy was at various times both senator and representative, and was 
at one time offered the appointment of judge of the United States Court for the 
Northern District of California, but declined. His wife was a Miss Barker, of 
Boston. 

William Amory, son of Thomas Coffin and Hannah Rowe (Linzee) Amory, was 
born in Boston, June 15, 1804. He fitted for college with Jacob Newman Knapp at 
Brighton and Jamaica Plain, and entered Harvard in 1819. On account of the Re- 
bellion, in which his class took part, he with many others was expelled, but received 
the degree of Master of Arts in 1845. In 1823 he entered the law office of Luther 
Lawrence in Groton, where he remained five months, then going to Europe and re- 
maining five years. On his return he studied in the offices of Franklin Dexter and 
William H. Gardiner, and was admitted to the Suffolk bar in October, 1830. He 
abandoned law and became one of the most eminent and respected merchants of Bos- 
ton. He married, January 17, 1833, Anna Powell Grant, daughter of David and 
Miriam Clark (Mason) Sears, of Boston, and died in Boston, December 8, 1888. 

Francis Inman Amory, son of William and Anna Powell Grant (Sears) Amory, was 
born in Boston, June 5, 1850, and graduated at Harvard in 1871. He graduated at 
the Harvard Law School in 1875, and was admitted to the Suffolk bar July 23, 1875. 
He married at Boston, May 12, 1886, Grace J., daughter of Charles Minot, and re- 
sides in Boston. 

Omen Southworth Keith graduated at Harvard in 1826, was admitted to the Mid- 
dlesex bar in December, 1832, and settled in Wayland, where he practiced until 1838, 
when he removed to Boston. He died in 1847. 

Henry Baldwin, son of Life and Susannah D. Baldwin, was born in Brighton, 
Mass., January 7, 1834, and graduated at Yale in 1854. He studied law at the Har- 
vard Law School and in Worcester in the office of Peter C. Bacon, and was admitted 
to the Suffolk bar October 2, 1857. He was a representative in 1861, and is judge of 
the Municipal Court of the Brighton District of Boston. He married at Brighton in 
November, 1861, Harriet A. Hollis, and lives in the Allston District. 

William Amos Bancroft, son of Charles and Lydia Emeline (Spaulding) Bancroft, 
was born in Groton, Mass., April 26, 1855, and graduated at Harvard in 1878. He 
studied law at the Harvard Law School and in the office of William B. Stevens, and 
was admitted to the Suffolk bar September 2, 1881. He was a councilman in Cam- 
bridge, where he resides, in 1882, representative in 1883-84—85, president of the Cam- 
bridge Board of Alderman 1891-1892, and since February 7, 1882, has been colonel of 
the Fifth Regiment Massachusetts Volunteer Militia. He was chosen mayor of Cam- 
bridge in 1892. He married in January, 1879, Mary Shaw. 

Charles Edwin Beale, son of Ambrose and Caroline A. (Andrews) Beale, was born 
in Bowdoin, Me., August 10, 1845, and graduated at Bowdoin College in 1870. He 



262 HISTORY OF THE BENCH AND BAR. 

studied law with A. P. Gould at Thomaston, Me., and graduated at the National 
University Law School in Washington, D. C. He was admitted to the Supreme Court 
of the District of Columbia in 1872, and to the Suffolk bar January 19, 1877. He was 
in the United States Treasury Department from 1864 to 1867, and special agent of the 
Interior Department from 1870 to 1876. He edited Catchy' ' s Universal Educator 
and Gatehy's World ' s Progress. His residence is in Dorchester. 

Joseph H. Beale, jr., son of Joseph H. and Frances E. Beale, was born in Dor- 
chester, October 12, 1861, and graduated at Harvard in 1882. He graduated at the 
Harvard Law School in 1887, and was admitted to the Suffolk bar in July, 1886. Since 
1890 he has been a lecturer in the Harvard Law School. He married Elizabeth C. 
Day at Barnstable, Mass., December 23, 1891, and lives in Dorchester. He was a 
joint editor of the eighth edition of "Sedgwick on Damages." 

George F. Bean, son of Stephen S. and Nancy E. (Colby) Bean, 'was born in 
Bradford, N. H., March 24, 1862, and was educated at Colby Academy, New London, 
N. H., and at Brown University, where he graduated in 1881. He studied law with 
S. C. Eastman at Concord, N. H., and in the office of Ropes, Gray & Lormg, Boston, 
and was admitted to the Suffolk bar in 1885. He was in 1891 mayor of Woburn, 
where he resides, and where he married E. Maria Blodgett, of Watertown, in Sep- 
tember, 1886. 

William Dudley is said by Washburn to have been the first educated lawyer on 
the Common Pleas bench. He was the son of Governor Joseph Dudley, and was 
born in Roxbury in 1686. He graduated at Harvard in 1704. He was a representa- 
tive many years and speaker from 1724 to 1728. He was chosen to the Council in 
1729, and continued a member until 1740. He was a judge of the Inferior Court of 
Common Pleas for Suffolk county from 1728 to 1731, and from 1733 to his death, Au- 
gust 10, 1743. He married a daughter of Addington Davenport. 

Anthony Stoddard, son of Simeon, was born in 1678, and died March 11, 1748. 
He was a representative and member of the Council from 1735 to 1742. He gradu- 
ated at Harvard in 1697, and was judge of the Inferior Court of Common Pleas for 
Suffolk county from 1733 till his death. 

Eliakim Hutchinson was a member of the Council from 1744 to 1746, and Was 
made judge of the Inferior Court of Common Pleas for Suffolk county in 1741. He 
succeeded Edward Hutchinson as chief justice in 1752, and remained until the Revo- 
lution. 

Edward Winslow, son of Edward and Elizabeth (Hutchinson) Winslow, and grand- 
son of John, of Boston, who came to Plymouth in the Fortune in 1621, and married 
Mary Chilton, one of the Mayflower passengers, was born in Boston in 1669. He was 
treasurer of Suffolk county at the time of his death and had served as sheriff from 
December 12, 1728, to October 20, 1743, when he was made judge of the Inferior 
Court of Common Pleas for Suffolk county, and continued on the bench until bis 
death in December, 1753. 

Samuel Watts was a Suffolk county man who was a member of the Council from 
1742 to 1763. He was made a judge of the Common Pleas for Suffolk county in 1748, 
and continued on the bench until 1770, in which year on the 12th of March he died. 





fe^^^7^Tc/h 



BIOGRAPHICAL REGISTER. 



263 



Samuel Welles was a member of the Council in 1747 and 1748 and many years a 
member of the House of Representatives from Boston. He was made judge of the 
Common Pleas for Suffolk county in 1755, and remained on the bench until his death. 
May 20, 1770. He was a very prominent man in the province and was appointed a 
member of various commissions looking after its welfare. 

Nathaniel Hatch was born in Dorchester, and graduated at Harvard in 1742. He 
was made a judge of the Common Pleas for Suffolk county in 1771, and at the Revo- 
lution, being a loyalist, left the country. He died in 1780. 

Joseph Greene was appointed judge of the Common Pleas for Suffolk county July 
3, 1772, and left the bench December 31st in the same year. He was a loyalist, and 
left the country at the Revolution. 

Thomas Hutchinson, jr., son of Governor Thomas Hutchinson, graduated at Har- 
vard in 1758, and was appointed judge of the Common Pleas for Suffolk county 
December 31, 1772, and being a loyalist left the country at the Revolution, and died in 
England in 1811. 

Benjamin Gridlev was a barrister, and graduated at Cambridge in 1751. He was 
appointed judge of the Common Pleas for Suffolk county in May, 1775, and his was 
the last appointment made by a royal governor. He went to Halifax in 1776, and in 
1778 was proscribed. He probably died in England. 

Richard Nichols was one of the commissioners of Oyer and Terminer, appointed 
by the government in England in 1664 to visit the colonies and hear and determine 
all matters of complaint. He was the first English governor of New York after its 
conquest by the United Colonies in 1664. He left New York in 1667 and returned to 
England. 

Sir Robert Carr was one of the commissioners of Oyer and Terminer mentioned 
above. He returned to England and died in 1667. 

George Cartwright was another of the commissioners mentioned above. He re- 
turned to England in 1665, and on his voyage was captured by the Dutch. 

Samuel Maverick, another of the commissioners mentioned above, was the son of 
Rev. John Maverick, of Dorchester. He was born in England about 1602, and died 
at New York, where he resided after 1665. 

John Cogg an was a merchant who acted as an attorney in the courts of Boston 
under the colonial charter. 

Amos Richardson was a tailor who acted as an attorney during the life of the 
Massachusetts Colony. 

John Watson was a merchant who acted as attorney in the days of the Colony. 

Benjamin Bullivant was the first attorney-general and was appointed about 1686. 
He was a physician and apothecary and acted as an attorney in the courts. 

Anthony Checkley was a merchant who acted as an attorney in the colonial 
courts. He was appointed attorney-general June 14, 1689, and reappointed under 
the province charter October 28, 1692. 

Simon Lvnde was appointed associate judge of the Pleas and Sessions July 27, 
1686, by Joseph Dudley during his short administration. 



264 HISTORY OF THE BENCH AND BAR. 

Edward Randolph was appointed associate judge of the Pleas and Sessions July 
27, 1686, by President Dudley. 

Richard Wharton was appointed associate judge of the Pleas and Sessions July 

27, 1686, by President Dudley. 

John Usher, son of Hezekiah and born in Boston in April, 1648, was appointed 
associate judge of the Pleas and Sessions July 27, 1686, by President Dudley. He 
was a bookseller. 

Giles Masters was sworn in as an attorney in 1686, and died in 1688. 

Christopher Webb was sworn in as an attorney in 1686. 

Samuel Shrimpton was a appointed by Andros in 1687 judge of the Superior 
Court. 

Charles Lidget was one of the associate judges of the Superior Court appointed 
by Andros in 1687. 

George Farwell succeeded Benjamin Bullivant as attorney-general and continued 
in office until June 20, 1688. He came from New York and was sent to England with 
Andros in February, 1689. 

James Graham succeeded George Farwell as attorney-general June 20, 1688, and 
with Andros and Farwell was sent to England in February, 1689. 

Tiiom \s Newton was sworn as an attorney June 8, 1688, and was appointed attor- 
ney-general in 1718, holding that office until May 28, 1721. He was born in Eng- 
land, June 10, 1660, and was educated there. He was a deputy judge of the Court 
of Admiralty and comptroller of the customs for the port of Boston. He died May 

28, 1721. 

King was an attorney in the days of Andros. 

.Samuel Hayman was an attorney during the close of the seventeenth century, and 
from 1692 to 1702 was a judge of the Common Pleas Court for Middlesex county. 

John West came from New York and was an attorney about the time of the union 
of the colonies in 1692. 

John Palmer superseded Joseph Dudley as chief justice of the Superior Court in 
1688. He was sent to England with Andros in February, 1689. 

Robert Mason acted as a judge under Andros. He lived in Portsmouth and died 
in 1686. 

John Hinks belonged to Portsmouth and was a member of the Council in 1697 and 
its president. He came from England about 1670 and married at an unknown date 
Elizabeth, daughter of Nathaniel and Christian Fryen. He was living at Newcastle, 
N. H., in 1722, and died before April 25, 1734. His descendants have spelled their 
names in various ways. General Edward Winslow Hincks, of Cambridge, is among 
the number. 

Samuel Thaxter, of Hingham, was appointed in 1735 special justice of the Su- 
perior Court to act in a case in which the city of Boston was interested. 

Thomas Berry, of Ipswich, a physician, was appointed special justice of the Su- 
perior Court in 1735 to act in a case in which the city of Boston was interested. 



BIOGRAPHICAL REGISTER. 265 

Benjamin Prescott, of Groton, was appointed in 1735 special justice of the Su- 
perior Court in a case involving the interests of the city of Boston. He was born in 
1696, and died in August, 1738. 

Sylvanus Bourne, son of Meltiah, of Sandwich, was appointed in 1747 special jus- 
tice of the Superior Court, and June 2, 1758, was appointed judge of the Court of 
Common Pleas for Barnstable county. At his death, September 18, 1763, he was 
chief justice, and also judge of probate. 

Joseph Pynchon, of Hampshire, was appointed special justice of the Superior 
Court in 1747. 

John Jeffries was appointed in 1748 special justice of the Superior Court. 
Thomas Hubbard, of Boston, a representative, speaker of the House, and member 
of the Council, was appointed in 1748 special justice of the Superior Court. 

Josiah Quincy, son of Josiah, of Braintree, and great-grandson of Edmund 
Quincy, who was born in Wigsthorpe, England, in 1602, was born in Boston, Febru- 
ary 23, i744, and graduated at Harvard in 1763. He studied law with Oxenbridge 
Thacher and became a leading lawyer and orator. He was one of the counsel for 
Captain Preston and others engaged in the Boston massacre. He stood side by side 
with the prominent patriots of his time and while he saw that conflict with the 
mother country was inevitable, he was not deterred from taking the boldest stand 
against the usurpations which were threatening it. In the old South Church, when 
the band of men disguised as Indians passed it on their way to the tea ships in the 
harbor, he exclaimed: "I see the clouds which now rise thick and fast on our hori- 
zon, the thunders roll, and the lightnings play, and to that God who rides on the 
whirlwind and directs the storm, I commit my country." In September, 1774, he 
sailed for England to consult with friends of the patriots there, but the seeds of pul- 
monary disease which had begun to germinate in his system were destined to pre- 
vent his return. On his way home, almost within sight of the shores of Massachu- 
setts Bay, he died April 26, 1775. He married in 1769 Abigail Phillips.. 

Josiah Quincy, son of Josiah and Abigail (Phillips) Quincy, was born in Boston, 
February 4, 1772. He was fitted for college at Phillips Andover Academy and grad- 
uated at Harvard in 1790. From April 18, 1859, to his death he was the oldest living 
graduate. He studied law with William Tudor, and at a meeting of the Suffolk 
bar held July 9, 1793, it was voted that he "be recommended to the Court of Com- 
mon Pleas for the oath of an attorney of that court." In 1800, at the age of twenty- 
eight, he was nominated candidate for Congress by the Federal party and defeated. 
In 1804 he was chosen member of the State Senate and also member of Congress, 
taking his seat at Washington in 1805, and holding it until 1813, when he declined a 
re-election. While in Congress he opposed the embargo and moderately the war 
with England. In a speech delivered January 4, 1811, in opposition to the admission 
of Louisiana as a State, he announced for the first time the doctrine of secession. 
He said: "I am compelled to declare it as my deliberate opinion, that if this bill 
passes, the bonds of this Union are virtually dissolved ; that the States which com- 
pose it are free from their moral obligations ; and that as it will be the right of all, so 
it will be the duty of some to prepare definitely for a departure, amicably if they can, 
violently if they must." In 1814 he was again a member of the State Senate, re- 
34 



266 HISTORY OF THE BENCH AND BAR. 

maining until 1821. In 1821-2 he was speaker of the House of Representatives, re- 
signing, when on the 16th of January, 1822, he was appointed judge of the Municipal 
Court of Boston. While a member of the Senate he was chosen a delegate also to 
the Constitutional Convention of 1820. In 1823 he resigned the office of judge and 
on the 14th of May Peter O. Thatcher was appointed to succeed him. While on the 
bench in the trial of Joseph Tinker Buckingham for libel against Rev. John N. Maf- 
fit, he announced the rule that the publication of the truth with good intentions was 
not libel. From 1823 to 1828 he was mayor of Boston, and on the 15th of January, 
1829, he was chosen president of Harvard College and held that position until 1845. 
Among his literary works may be mentioned, orations on the Fourth of July in Bos- 
ton in 1798 and 1826, orations at the second centennial of Boston, September, 1830, 
and of Harvard in 1836, a History of Harvard University, History of the Boston 
Atheneum, Municipal History of Boston, Memoir of Josiah Quincy, jr., his father, and 
a Memoir of John Quincy Adams. He married, June 6, 1797, Eliza Susan, daughter of 
John Morton, of New York, a descendant of George Morton, who was the father of 
Nathaniel Morton, the secretary of Plymouth Colony, and who came to Plymouth in 
the Ann in 1623. He died at Quincy, July 1, 1864. He received the degree of Mas- 
ter of Arts from Yale in 1792, and LL.D. from Harvard in 1824. 

Josiah Quincy, son of Josiah and Eliza Susan (Morton) Quincy, was born in Bos- 
ton, January 17, 1802, and graduated at Harvard in 1821. He was admitted to the 
Suffolk bar October 5, 1824, but after a few years became engaged in business pur- 
suits. He was a councilman from 1833 to 1837, the last five years president of the 
Council, and in 1842 was president of the State Senate. From 1845 to 1849 he was 
mayor of Boston and was many years treasurer of the Western Railroad, as the road 
was called extending from Worcester to Albany, and treasurer of the Boston 
Atheneum. He married Mary Jane, daughter of Samuel R. Miller. He died at 
Quincy, November 2, 1882. 

Josiah Phillips Quincv, son of Josiah and Mary Jane (Miller) Quincy, was born 
in Boston, November 28, 1829, and graduated at Harvard in 1850. He was admitted 
to the Suffolk county bar in 1856. He is the author of several dramas and political 
essays. He married, December 23, 1858, Helen Fanny, daughter of Judge Hunt- 
ington. 

Samuel Miller Quincy, son of Josiah and Mary Jane (Miller) Quincy, was born in 
Boston, June 13, 1832, and graduated at Harvard in 1852. He was admitted to the 
Suffolk bar January 23, 1856, and became editor of the Monthly Law Reporter. 
He entered the army during the war as captain in the Second Massachusetts Regi- 
ment, May 24, 1861, was commissioned lieutenant-colonel of the Seventy-second 
United States Colored Regiment, October 20, 1863, colonel May 24, 1864, and brevet 
brigadier-general of volunteers, March 13, 1865. He died unmarried in Keene, N. 
H.,' April 24, 1887. 

Edmund Quincy, son of Josiah and Eliza Susan (Morton) Quincy, was born in Bos- 
ton, February 1, 1808, and graduated at Harvard in 1827. He was admitted to the 
Suffolk bar in October, 1830, but devoted himself chiefly to literary labors and to anti- 
slavery efforts. He published an excellent memoir of his father, and " Wensley, a 
story without a moral." He married Priscilla, daughter of Daniel P. Parker, of Bos- 
ton, and died in Dedham, May 17, 1877. 



BIOGRAPHICAL REGISTER. 267 

Josiah Quincy, son of Josiah Phillips and Helen Fanny (Huntington) Quincy, was 
born in Boston, October 15, 1859, and graduated at Harvard in 1880. He was ad- 
mitted to the Suffolk bar in 1883, was representative from Quincy in 1887-88-89-90- 
91, secretary of the Civil Service Reform League in 1881, of the Tariff Reform League 
in 1883, of the Democratic State Executive Committee in 1890, chairman in 1891, and 
secretary of the National Democratic Committee in 1892. In March, 1893, he was 
appointed assistant secretary of state by President Cleveland. He is unmarried. 

Josiah H. Quincy, son of Samuel H. and Sarah A. Quincy, was born in Rumney, 
N. H., March 8, 1860, and graduated at Dartmouth in 1884. He studied law at the 
Boston University Law School and in the office of John W. Corcoran, and was ad- 
mitted to the Suffolk bar in 1887. His residence is in Boston. 

Melville P. Beckett, son of Joseph and Marcia P. Beckett, was born in Peabody, 
Mass., October 30, 1860, and studied law at the Boston University Law School, and 
was admitted to the bar at Salem January 28, 1883, His residence is at Peabody. 

Abijah Bigelow, son of Elisha and Sarah (Goodrich) Bigelow, was born in West- 
minster, Mass., December 5, 1775, and graduated at Dartmouth in 1795. He studied 
law with Samuel Dana at Groton, and Samuel Dexter in Boston, and his name is on 
the roll of admissions to the Suffolk bar by the Supreme Court prior to 1807. He prac- 
ticed in Leominster nineteen years, during which time he was town clerk five years, 
representative in 1807-8-9, and member of the Twelfth and Thirteenth Congresses. 
In 1817 he removed to Worcester, and till 1834 was clerk of the courts for Worcester 
county. He married, April 8, 1804, Hannah, daughter of Rev. Francis and Sarah 
(Gibson) Gardner, of Leominster, and died August 21, 1857. 

Edward Bicknell, son of William E. and Rebecca J. (Richmond) Bicknell, was 
born in Boston, October 22, 1855, and graduated at Harvard in 1876. He studied 
law at the Harvard Law School and in Boston in the office of Proctor, Warren & Brig- 
ham, and was admitted to the Suffolk bar November 15, 1879. He is now trial jus- 
tice for Franklin county with a legal residence in Orange. He married at Boston, 
June 20, 1887, Elizabeth R. Healy, of Weymouth, Mass. 

James Benjamin, son of Ashur, was born in Boston, April 23, 1811, and graduated 
at Harvard in 1830. He was admitted to the Suffolk bar in October, 1835, and prac- 
ticed in Boston, 

Jonathan Belcher, son of Jonathan, governor of Massachusetts, was born in Bos- 
ton, July 28, 1710, and graduated at Harvard in 1728. He studied law, went to Lon- 
don, entered the Temple, and practiced law in England. He was one of the first 
settlers of Halifax, was lieutenant-governor of the Province, and in 1761 was made 
chief justice. He died in Halifax, March 29, 1776. 

John Richards Buli ard, son of William and Mary R. Bullard, was born in Brook- 
lyn, N. Y., March 3, 1846, and attended the Dedham High School and Phillips An- 
dover Academy, and graduated at Harvard Law School in 1866. He continued his 
law studies with Jewell, Gaston & Field in Boston, and was admitted to the Suffolk 
bar November 4, 1867. He was representative in 1868-70-71, and lives in Dedham. 
He married Mary A. Richards at Irvington, N. Y., in 1871. 

Eugene Lucian Buffinton, son of Jonathan and Mary Ann (Churchill) Bufhnton, 
was born in Roxbury, Mass., January 1, 1847, and was educated at the public schools 



268 H1S10RY OF THE BENCH AND BAR. 

and with private tutors. He studied law at the Boston University Law School, and 
was admitted to the Suffolk bar July 20, 1880. He married Georgianna, daughter of 
George Dove, of Boston, January 1, 1868, and resides in Boston. 

William Colvard Parker, son of Samuel T. and Margaret Parker, was born in 
Wakefield, Mass., April 12, 1858, and attended Boston University and Massachusetts 
Agricultural College. He studied law at the Boston University Law School, and was 
admitted to the Suffolk bar in 1890. He is president of the Agricultural College 
Alumni Club and of the Boston Common Council. He resides in Boston. 

Horatio G. Parker, son of Elijah and Sally (Hall) Parker, was born in Keene, N. 
H., April 26, 1823, and graduated at Dartmouth. He studied law in New York 
in the office of William Curtis Noyes and in Boston in the office of Henry M. 
Parker, and was admitted to the New York bar in 1847, and to the Massachusetts bar 
in Middlesex county in 1848. He was a representative in 1854. He married in 1863 
at Greenfield, Mass., Harriet Newton, and in 1874, at Greenfield, Lucy S. Newton. 
His residence is at Cambridge. 

Henry Baylies, son of Frederick and \ r elina Worth Baylies, was born at Edgar- 
ton, Mass., September 9, 1822, and was educated at Wesleyan University in Con- 
necticut. He studied law at the Harvard Law School and with Edward H. Bennett 
and George S. Hale in Boston, and was admitted to the bar at Taunton, September, 
1870. He was a clergyman in the Methodist Episcopal Church from 1846 to 1870, 
but abandoned the ministry on account of ill health. His residence is at Maiden. 

Francis Lowell Batchelder, son of Samuel and Mary (Montgomery) Batchelder, 
was born in Chelmsford, Mass., April 2, 1825, and graduated at Harvard in 1844. 
He graduated at the Harvard Law School in 1848, and was admitted to the Suffolk 
bar November 20, 1848. . He was a councilman in Cambridge, where he resided, in 
1853-54, and practiced in Boston. He married Susan Cabot Foster, of Cambridge, 
December 2, 1851, and died at Hibernia, Fleming's Island, Fla., February 9, 1858. 

James Bodtineau was an attorney in Boston and mandamus counsellor in 1774. 
He was included in the conspiracy act of 1779 and his estate was confiscated. It was 
his son-in-law, John Robinson, who made the assault on James Otis in 1769, which 
probably produced his alienation of mind. His wife was a sister of Peter Faneuil. \ 
Mr. Boutineau went to England and there died. 

Andrew Cazneau was an attorney and barrister in Boston before the Revolution, 
and was proscribed in the act of 1778. He went to England in 1775, and finally to 
Bermuda, where he held office under the crown. He returned to Boston in 1788 and 
died in Roxbury in 1792. He married in 1769 Hannah, daughter of John Hammock, 
a merchant of Boston. 

Thomas Danforth, son of Samuel, graduated at Harvard in 1762, and was the 
only attorney in Charlestown. He went to Halifax in 1776, and died in London in 
1825. 

David Gorham graduated at Harvard in 1733, and was one of the addressers to 
Hutchinson in 1774. He died in 1786. 

Benjamin Kent was born in Charlestown, and graduated at Harvard in 1727. He 
studied divinity and in 1733 was settled over a church in Marlboro', where he re- 
mained two years. He next studied law and became a barrister in Boston. As a 
loyalist he went to Halifax and there died in 1788. 




i 







BIOGRAPHICAL REGISTER. 269 

Samuel Quincy, son of Josiah and brother of Josiah the patriot and orator, was 
born in Braintree in 1735, and graduated at Harvard in 1754. He studied law, and 
was appointed solicitor-general of the Province in 1767 to succeed Jonathan Sewall, 
who had been appointed attorney-general. At the Revolution he adhered to the 
crown. On the 25th of May, 1775, he sailed for England, and in 1776 was a member 
of the Loyalist Association in London. He was proscribed and banished by the act 
of 1778, and in 1779 was appointed " Comptroller of the Customs at the port of Par- 
ham in Antigua." In 1789, on his passage from Antigua to England, he died at sea, 
as did his brother Josiah fourteen years before. He was married twice, to a Miss 
Hill, of Boston, who died in 1782, and to a lady in Antigua, who not long survived 
him. 

Samuel Fitch was a barrister in Boston and an addresser of Hutchinson in 1774. 
He was advocate-general of the Court of Admiralty and solicitor to the Board of 
Commissioners. He went to Halifax in 1776, and in 1778 was proscribed and ban- 
ished. He went to England and was a loyalist addresser of the king in 1 779. He 
probably died in England in 1784. He graduated at Yale in 1742 and received an 
honorary degree from Harvard in 1766. 

Ezekiel Cheever, Seth Williams, William Ward, Andrew Oliver, Samuel Danforth, 
Thomas Hutchinson, the father of the governor, Joseph Richards, John Chandler, 
Benjamin Lincoln, Samuel White, Joseph Lee, Francis Hooke, Charles Frost, Samuel 
Wheelwright, Benjamin Browne, John Higginson, John Gardner, James Coffin, 
Thomas Mayhew, Benjamin Skiffe, William Gayer, Joseph Hammond, Ichabod 
Plaisted, William Pepperell, John Wheelwright, John Hill, Lewis Bane, John Otis, 
John Gorham, Samuel Partridge, John Parsons, John Stoddard, Zacheus Mayhew, 
and Enoch Coffin, belonging in different parts of the province, were appointed be- 
tween 1692 and 1746 special justices of the Superior Court of Judicature to sit in spe- 
cial cases and as quasi judges of a court which included Suffolk county within its 
jurisdiction, they are placed on this register. 

William Atwood was appointed judge of admiralty October 28, 1701, having Mas- 
sachusetts, New York, Connecticut, Rhode Island, New Hampshire, and the Jerseys 
within his jurisdiction. 

Roger Mompesson was appointed judge of admiralty in April, 1703. 

John Menzies was appointed judge of admiralty in 1715. He was born in Scotland 
in 1650 and settled in Roxbury, and died in Boston, September 20, 1728. 

Chambers Russell, son of Daniel, was a judge on the bench of the Superior Court 
from 1752 to 1766. He was born in Charlestown in 1713, and graduated at Harvard 
in 1731. He was appointed a judge of the Inferior Court of Common Pleas for Mid- 
dlesex county in 1747 and held that position until he was promoted to the Superior 
Court. In 1747 he was appointed judge of the Admiralty Court and held the office 
until his death, which occurred at Guilford, England, November 24, 1767. 

George Cradock was deputy judge of admiralty, resigning in 1766, and died July 
1, 1771. 

William Reed was appointed judge of admiralty in July, 1766. He was also ap- 
pointed in 1770 judge of the Court of Common Pleas for Suffolk county, and in 1775 
judge of the Superior Court of Judicature. 



270 HISTORY OF THE BENCH AND BAR. 

William Bollan was horn in England, and studied law in Massachusetts with Rob- 
ert Auchmuty. He was advocate-general of the Court of Admiralty. He married 
a daughter of Governor Shirley, and died in England in 1776. 

John Valentine was an attorney in Boston, and held the office of advocate-general 
of admiralty at the time of his death in 1724. 

William Shirley was born in Preston, England, in 1693, and was educated to the 
law. He came to Boston in 1734 and practiced his profession until 1741, when he 
was appointed governor of the Province, a position which he held until 1756. He was 
commander-in-chief of the British forces in America and planned the expedition 
against Cape Breton in 1745. In 1759 he was made lieutenant-general. He was trans- 
ferred from the government of Massachusetts to that of one of the Bahama Islands, 
but returned to Massachusetts and settled in Roxbury, where he died March 24, 1771. 
He was during the early part of his residence in Boston advocate-general of admi- 
ralty. 

Andrew Lane, a Boston attorney, died April 13, 1747. 

James Otis, jr., son of Col. James and Mary Allyne Otis, was born in Barnstable, 
Mass., February 5, 1725, and graduated at Harvard in 1743. He studied law in Bos- 
ton with Jeremiah Gridley and finished his studies in Plymouth, where he was ad- 
mitted to the bar, and practiced until 1750, when he removed to Boston. His sister 
Mercy married James Warren, of Plymouth. Not long after his arrival in Boston he 
was appointed advocate-general of admiralty, an office which he resigned in 1761, in 
which year he made his memorable speech against writs of assistance. In the same 
year he was chosen representative from Boston, and in 1766 speaker of the House. 
In 1769 he was assaulted by John Robinson, one of the commissioners of customs, 
whom he had denounced in an article in the Gazette, and so seriously injured that 
not long after his mind became deranged and he retired from public life to Andover. 
where he was killed by lightning May 29, 1783. He married in 1755 Ruth Cunning- 
ham. 

Samuel Swift, an attorney of Boston, graduated at Harvard in 1735, and was a 
barrister in 1768. 

John O^ering was a successful Boston attorney, who was chosen by the House of 
Representatives attorney-general in 1722, and again in 1728. He held office until 
1 733, and was again chosen in 1739-40-41-43, and annually afterwards until his death, 
November 24, 1748. 

John Read, born about 1677, graduated at Harvard in 1697, and studied divinity. 
After preaching acceptably for a time he studied law, and was admitted to the bar 
about 1720. He was chosen attorney-general in 1723-33-34-35, and was chosen to 
the General Court in 1738 and several succeeding years, the first lawyer chosen to 
that body. He was also several years a member of the Council, and was one of the 
legal counsel for the Province in its contest with Rhode Island concerning the 
boundary line. He was probably the ablest lawyer in Massachusetts before the Rev- 
olution. He died February 7, 1749. 

Jeremiah Gridley was born about 1705, and graduated at Harvard in 1725. He 
was chosen attorney-general in 1742, and was appointed in 1761 to the same office by 
the governor and Council. Before entering the profession he studied divinity and 



BIOGRAPHICAL REGISTER. 271 

taught a Boston school. His residence was in Brookline, from which town he was a 
representative some years. In 1761 he acted as king's attorney in defending the 
writs of assistance, with his former pupil James Otis against him. He held the office 
of attorney-general until his death, which occurred September 7, 1767. 

James Otis, sr., son of John and Mercy (Bacon) Otis, was born in Barnstable, .Mass,, 
in 1702, and became an eminent lawyer. In 1748 he was appointed attorney-general 
and held the office one year, and in 1760-61 he was speaker of the House of Repre- 
sentatives. In 1764 he was appointed judge of the Court of Common Pleas and judge 
of probate for Barnstable county. He married Mary, daughter of Joseph Allyne, of 
Wethersfield, and James Otis, the patriot, was his son. He died in November, 1778. 

Joseph Hearne, a Boston attorney, died in Boston, December 26, 1728, aged nearly 
seventy years. 

Weldon, a Boston attorney, committed suicide in London in 1734. 

Joseph St. Lawrence, an attorney from Ireland, was admitted to the Superior 
Court in 1737, and opened an office in Boston. 

John Lowell, son of Rev. John Lowell, was born in Newbury, Mass., June 17, 
1743, and graduated at Harvard in 1760. He studied law with Oxenbridge Thacher, 
and was admitted to the bar in 1762. He began practice in Newburyport, but in 1777 
removed to Boston. In 1776 he was a representative from Newburyport and in 1778 
from Boston. He was a delegate to the State Constitutional Convention in 1780, 
member of Congress in 1783, judge of the Court of Appeals from 1783 to 1789, judge 
of the United States District Court for Massachusetts 1789-1801, chief justice of the 
Circuit Court for Maine, Massachusetts, New Hampshire, and Rhode Island in 1801, 
until the law creating the court was repealed in 1802. He died in Roxbury, May 6. 
1802. He received the degree of LL.D. from Harvard in 1792. 

John Lowell, son of the above, was born in Newburyport, October 6, 1769, and 
graduated at Harvard in 1786. He studied law in Boston with his father, and at a 
meeting of the Suffolk bar July 21, 1789, it was voted that he be " recommended to 
the Court of Common Pleas the present term for the oath of an attorney of that 
court." He went to Europe in 1803 and after his return he devoted himself chiefly to 
literary pursuits. He was one of the founders of the Massachusetts General Hospital, 
of the Boston Atheneum, the Provident Institution for Savings, and the Hospital Life 
Insurance Company. He received the degree of LL.D. from Harvard in 1814, and 
died March 12, 1840. 

Abel Willard was born in Lancaster, Mass., in January, 1732, and graduated at 
Harvard in 1752. He studied law in Boston with Benjamin Pratt, and was admitted 
to the bar in 1755. He practiced in Lancaster until the Revolution, when he removed 
to Boston. In 1776 he went to Halifax, and in 1778 was proscribed and banished. 
He died in England in 1781. He married Eliza, daughter of Rev. Daniel Rogers, 
who died in Boston in 1815. 

James Putnam was born in Danvers, Mass., in 1725, and graduated at Harvard in 
1746. He studied law with Edmund Trowbridge, and after admission to the bar set- 
tled in Worcester in 1749, practicing also in Suffolk county. He went to England in 
1776 and in 1778 was proscribed and banished. In 1784 he was appointed judge of 
the Supreme Court of New Brunswick, and died at St. Johns in 1789. 



272 HISTORY OF THE BENCH AND BAR. 

John A. Bolles, son of Rev. Matthew Bolles, was born in Ashford, Conn., April 
17, 1809, and graduated at Brown University in 182!). He was admitted to the bar 
in Boston in April, L833, and practiced there. In 1843 he was secretary of the Com- 
monwealth, in 1852 a member of the Harbor and Back Bay Commission. He enlisted 
in July, 1861, and from 1862 to 1865 was judge advocate on the staff of his brother-in- 
law, General John A. Dix. He was brevetted brigadier-general of volunteers in 
1865 and naval solicitor. He died at Washington, D. C, May 11, 1878. He married, 
November 11, 18:54, Catherine Hartwell, daugher of Colonel Timothy Dix. 

Charles H. Blood, son of Hiram A. and Mary M. (Person) Blood, was born in 
Fitchburg, Mass., December 10, 1857, and graduated at Harvard in 1879. He studied 
law in New Bedford in the office of Marston & Cobb, and at the Boston University 
Law School, and was admitted to the Bristol county bar in August, 1882. He is 
special justice of the Police Court of Fitchburg, where he has his residence. 

George Richard Blinn, son of John F. and Susan L. Blinn, was born in Charles- 
town, Mass., July 11, 1859, and graduated at Harvard in 1885. He studied law in 
Boston with George Z. Adams, and was admitted to the Suffolk county bar February 
2, 1887. He married Clara A. Pollard at South Newmarket, N. H. , June 6, 1886, 
and resides in Bedford, Mass. 

William P. Blake, son of Edward and Mary J. (Dehon) Blake, was born in Dor- 
chester, July 23, 1846, and graduated at Harvard in 1866. He studied law at the 
Harvard Law School and in Boston in the office of Hutchins & Wheeler, and was ad- 
mitted to the Suffolk bar in September, 1869. He was associated in the practice of 
law with his father until his father's death in 1873. 

Charles Francis Adams, son of John Quincy and Louisa (Johnson) Adams, was 
born in Boston, August 18, 1807, and graduated at Harvard in 1825. While a youth 
he was with his father, then minister at St. Petersburg, and in 1815 accompanied 
him to England in his mission to the Court of St. James. He returned home in 1817 
and fitted for college. After graduating he studied law in the office of Daniel Web- 
ster in Boston, and was admitted to the Suffolk bar in January, 1829. He was rep- 
resentative from 1831 to 1834 and senator from 1835 to 1837. He was nominated at 
Buffalo in 1848 by the Free Soil Party for the vice-presidency, on a ticket with Mar- 
tin Van Buren for president, and from 1859 to 1861 was a member of Congress. From 
March, 1861, to February, 1868, he was minister to England, and by his wise and 
skillful diplomacy rendered his country an inestimable service. He married in 1829 
a daughter of Peter Chardon Brooks, of Boston, and died in Boston, November 21, 
1886. He received the degree of LL.D. from Harvard in 1864. 

John Quincy Adams, son of the above, was born in Boston, September 22, 1833, 
and graduated at Harvard in 1853. He was admitted [to the Suffolk bar July 7, 
1856. He was representative from Quincy in 1866, 1869 and 1870, and in 1867 and 
1871 was the Democratic candidate for governor of Massachusetts. He is at present 
a member of the corporation of Harvard, to which position he was chosen in 1877. 

Charles Francis Adams, jr., brother of the above, was born in Boston, May 27, 
1835, and graduated at Harvard in 1856. He was admitted to the Suffolk bar May 
17, 1858, and served through the war, being mustered out in July, 1865, as brevet 
brigadier-general of volunteers. In 1869 he was appointed a member of the Board 




dlA/\3WU^ 




c\A/acw>j 



BIOGRAPHICAL REGISTER. 273 

of Railroad Commissioners of Massachusetts, and in that position exhibited suhc 
marked ability as led to his election in 1884 as president of the Union Pacific Rail- 
road. Since his retirement from that office one of his most marked efforts is the ad- 
dress delivered on the Fourth of July, 1892, in commemoration of the one hundredth 
anniversary of the town of Quincy. 

Brooks Adams, brother of the above, was born in Quincy, Mass., June 24, 1848, 
and graduated at Harvard in 1870. He was admitted to the Suffolk bar April It), 
1873, and is the author of the "Emancipation of Massachusetts." 

George Everett Adams was born in Keene, N. H., in 1840, and when a child went 
to Chicago. He fitted for college at Phillips Exeter Academy and.graduated at Har- 
vard in I860. He graduated at the Harvard Law School and was admitted to the 
Suffolk bar August 19, 1865. He settled in Chicago and has been a member of the 
Illinois Senate, and was a member of Congress from the Fourth Congressional Dis- 
trict of Illinois from 1883 to 1891. He is president of the Chicago Harvard Club and 
the Union League Club, and was at the last election chosen an overseer of Harvard. 

Charles Day Adams, son of George and Angelina (Day) Adams, was born in Wor- 
cester, July 28, 1851, and graduated at Harvard in 1873. He studied law with Oren 
S. Knapp in Boston, and was admitted to the Suffolk bar February 27, 1875. He was 
associated in business with Mr. Knapp until Mr. Knapp's death, and now, while prac- 
ticing in Boston, resides in Woburn, where he is a special justice of the Fourth East- 
ern Middlesex District Court. 

Charles Frederick Adams, son of Charles Frederick and Caroline Hesselrigge 
(Walter) Adams, was born in Boston, February 3, 1824, and graduated at Harvard in 
1843. He studied law at the Harvard Law School and in Boston in the office of 
Charles G. Loring, and was admitted to the Suffolk bar July 24, 1846. In 1849, on 
account of ill health, he made a voyage to California, the Sandwich Islands and China, 
returning after thirteen months' absence and resuming the practice of law. He died 
. of consumption at Boston, December 30, 1856. 

Nathaniel Prentiss Banks was born in Waltham, Mass., January 30, 1816. In his 
youth he worked in the mill of which his father was superintendent and learned the 
machinist's trade, so mingling study with his labor as enabled him to secure a posi- 
tion as editor first of a paper in Waltham and then in Lowell. He then studied law 
and after his admission to the bar he was sent to the Legislature from Waltham in 
1849, and in 1851 and 1852 was speaker of the House of Representatives. The writer 
has a distinct recollection of the bearing and methods of twenty-four speakers of the 
House as far back and including Thomas Kinnicut in 1843, and he has no hesitation 
in expressing the opinion that not one of them all equaled Mr. Banks in readiness to 
grasp situations, in coolness, promptness in decision and general parliamentary skill. 
He was an ideal speaker and not a few presiding officers have remembered with 
profit lessons learned from him while in the speaker's chair. In 1853 he was a mem- 
ber and the president of the State Constitutional Convention, and then member of 
Congress from 1853 to 1857. In 1855 he was chosen speaker of the National House 
of Representatives on the 133d ballot, after a contest during which his bearing was 
remarkable for its sagacity and wisdom. In 1857 he was chosen by the Republican 
party governor of Massachusetts, and twice re-elected, serving until January, 1861. 
35 



274 HISTORY OF THE BENCH AND BAR. 

After leaving the executive chair he was chosen president of the Illinois Central Rail- 
road, but he had hardly entered his new office before the war broke out, when he of- 
fered his services to the government and was commissioned major-general May 16, 
1861. So much may be found elsewhere concerning his career, it will be unnecessary 
to follow it in this register. He resigned his commission in 1864, and in that year 
was again chosen to Congress, continuing in service, with the exception of one Con- 
gress, until 1 s 7 T . On his retirement from Congress he was appointed United States 
marshal for .Massachusetts, and not receiving a reappointment to that office from 
President Cleveland, was again chosen to Congress, and finally retired from public 
life in 1890. He still resides in Waltham. 

Anson Burlingame, son of a farmer, was born in New Berlin, X. Y., November 14, 
1820, and when three years old removed with his parents to a farm in Seneca count v, 
( )hio, where he lived ten years. In 1883 he removed to Detroit and after two years 
to a farm at Branch, Mich. In 1837 he entered the University of Michigan, and in 
1843 entered the Harvard Law School, where he graduated in 1846, and was admitted 
to the bar in Middlesex county in September, 1846. During the presidential cam- 
paign of 1844 at a meeting of the Young Men's Whig Club, of which Charles Francis 
Adams was president, held in a small hall in Schollay's building, which stood in the 
center of Schollay Square, Mr. Burlingame made his first speech. The writer was 
present and remembers well the favorable impression which his somewhat florid 
oratory made on the audience. After that at political meetings he was often called 
out and his speeches were frequent. He began practice in Boston, but his business 
s< m m yielded to the demand of politics and he entered almost at once on a public 
career. In the campaign of 1848 he was an active worker and speaker in the Free 
Soil party, and again the writer was with him in organizing meetings in Faneuil Hall 
and other places. In 1849 he went to Europe, and in 1850 was a member of the State 
Senate. In 1853 he was chosen a delegate from Northboro' to the State Constitutional 
Convention, though living in Cambridge, and in 1854 was chosen member of Con- 
gress by the Know-Nothing party. He was re-elected in 1856 and 1858, and in 1861 • 
was appointed minister to Austria. The Austrian government refused to receive him 
on account of his advocacy of Hungarian independence and of the recognition of 
Sardinia as a first class power. He was then sent minister to China, returning home 
in 1867, and again resuming his official duties after a short vacation. In 1867, when 
retiring from the Chinese embassy, he was appointed by the Chinese government a 
special envoy to the United States and the European powers for the purpose of ne- 
g< itiating treaties. Having accomplished his mission in the United States he pro- 
ceeded in 1868 to England, and afterwards to France, Denmark, Sweden, Holland 
and Prussia, where, with the exception of France, his duties were successfully per- 
formed, finally reaching St. Petersburg in 1870, where he died on the 23d of February, 
1871. He married a daughter of Isaac Livermore, of Cambridge. 

William Crancii, son of Richard and Mary (Smith) Cranch, was born in Wey- 
mouth, Mass., July 17, 1769, and graduated at Harvard in 1787, receiving in 1829 the 
the degree of LL. D. He studied law with Thomas Dawes, and was admitted to the 
Suffolk bar in July, 1790. He removed to Washington, D. C, in 1794 and in 1801 
President John Adams appointed him assistant judge of the Circuit Court of the Dis- 
trict of Columbia, of which court he became chief justice in 1805, serving until his 



BIOGRAPHICAL REGISTER. 



275 



death September 1, 1855. He published nine volumes of reports of the United States 
Supreme Court, and six volumes of reports of the Circuit Court of the District of Co- 
lumbia. 

Luther Stearns Crushing was born in Lunenburg, Mass., June 22, 1803, and grad- 
uated at the Harvard Law School in 1826. He was admitted to the bar in Middlesex 
county in March, 1827. He was several years editor of The Jurist and Law Maga- 
zine, from 1832 to 1884 was clerk of the House of Representatives, and represent- 
ative in 1844. From 1N44 to 1848 he was judge of the Court of Common Pleas, and 
from 1S4S to 1853 reporter of the decisions of the Supreme Court, editing during that 
period twelve volumes, beginning with the Suffolk and Nantucket term of 1848 and 
ending with the Suffolk term in November, 1853. He is more popularly known as 
the author of "A Manual of Parliamentary Practice," the " Elements of the Law and 
Practice of Legislative Assemblies," and " Rides of Proceeding and Debates in De- 
liberate Assemblies." 

Thomas Cushing, son of Thomas, was born in Boston, March 24, 1725, and grad- 
uated at Harvard in 1744, receiving the degree of LL.D. in 1785. He was represent- 
ative, speaker of the House, member of the Provincial Congress, and judge of the 
Common Pleas and Probate for the county of Suffolk. He was lieutenant-governor 
of Massachusetts from 1779 to his death, which occurred February 28, 1788. 

Benjamin F. Hallett, son of Benjamin, was born in Barnstable, December 2, 1797, 
and graduated at Brown University in 1816. He was admitted to the Suffolk bar and 
practiced in Boston. He was a prominent Democrat after the decline of the Anti- 
Masonic party to which he belonged, He was appointed district attorney for Massa- 
chusetts by President Pierce in is."):!. He died in Boston, September 30, 1862. 

Samuel Hubbard was born in Boston, June 2, 1785, and graduated at Yale in 1802. 
He studied law in Boston with Charles Jackson and was admitted to the Suffolk bar 
in April, 1806. He practiced in Biddeford, Me., until 1810, when he returned to 
Boston and became associated with Mr. Jackson, his former teacher. He was judge 
of the Supreme Judicial Court from 1842 to 1847, and received in 1842 the degree of 
LL.D. from Harvard. He died in Boston, December 24, 1847. 

Samuel Lorenzo Knapp was born in Newburyport, January 19, 1783, and gradu- 
ated at Dartmouth in 1804. He was admitted to the bar in Essex county in 1807. 
He was a representative, commander of a regiment of militia during the war of 1812, 
editor in Boston of various newspapers and magazines between 1824 and 1827, re- 
sumed the practice of law in New York, and died at Hopkinton, Mass., July 8, 1838. 
He was the author of " Lives of Eminent Lawyers, Statesmen, and Men of Letters," 
and was a profuse writer on other subjects. 

John Lathrop, son of Rev. John, was born in Boston, January 13, 1772, and grad- 
uated at Harvard in 1789. He studied law with John Lowell and Christopher Gore 
in Boston, and was admitted to the Suffolk bar. After practicing in Dedham a short 
time he returned to Boston, and after an unsuccessful career at the bar went to 
India in 1799, returning in 1809. He then taught school, delivered lectures, con- 
tributed to the newspapers and pronounced several orations. He finally secured a 
place in the Post-office Department in Washington, and died at Georgetown, D. C, 
January 30, 1820. He married in 1793 a daughter of Joseph Pierce of Boston. 



276 HIS20RY OF THE BENCH AND BAR. 

John Leverett, grandson of the governor, was born in Boston, August 25, 1662, 
and graduated at Harvard in 1680. He was an educated lawyer, speaker of the 
Provincial Legislature in 1700, judge of the Superior Court of Judicature from 1702 

to 1708, judge of probate, and the successor of Samuel Willard as president of Har- 
vard College in 1707. He died May 3, 1724. 

Edward St. Loe Livermo're was an attorney in Boston in 1812. He was born in 

.mouth, N. 11., April 5, 1762, was United States attorney, member of Congress 

from L806 to 1812, and a judge of the Superior Court of New Hampshire from 1797 to 

to 1799. After taking up his residence in Boston he delivered the Fourth of July 

oration there in 1818, and died at Lowell, September 22, 1832. 

Grenville Mellen, son of Chief Justice Prentiss Mellen, was born in Biddeford, 
Me., and graduated at Harvard in 1818. He practiced law in Portland and North 
Yarmouth, Me., but moved to Boston and was admitted to the Suffolk bar February 
1, 1834. He devoted himself more to literature than to law and published a number 
of poems. He died in New York, September 5, 1841. 

David Hall Rick was born in Penn Yan, N. Y., May 6, 1841, and graduated at 
Svraeuse University. After admission to the bar he went south and practiced until 
1868. In 1869 he opened an office in Lowell, Mass., and subsequently in Boston. 
At the recent election, November 8, 1892, he was chosen a member of the Executive 
Council. His residence is in Brookline. 

Artemas Ward, son of General Artemas, was born in Shrewsbury, Mass., January 
9, 1762, and graduated at Harvard in 1783. He practiced in Shrewsbury until 1809, 
when he removed to Boston. He was a representative, member of the Executive 
Council and member of Congress from 1813 to 1817. May 11, 1819, he wasappointed 
judge of the Boston Court of Common Pleas, and when that court was abolished, 
February 14, 1821, he was appointed chief justice of the Court of Common Pleas for 
the Commonwealth, established at the same date, and served until he resigned in 
1839. He received the degree of LL.D. from Harvard in 1842, and died in Boston, 
October 7, 1847. 

Royall Tyler was born in Boston, July 18, 1757, and graduated at Harvard in 
1 776. He studied law with John Adams and was recommended by the Suffolk bar, 
July 18, 1780, for admission to practice in the Court of Common Pleas. In 1790 he 
removed to Guilford, Vt., and in 1794 was appointed judge of the Supreme Court of 
Vermont, being promoted to chief justice in 1800. Previous to his appointment as 
chief justice he indulged in the recreation of writing dramas, among which may be 
mentioned "Contrast," a comedy, the first American play ever acted on a regular 
stage; "May Day, or New York in an Uproar;" "The Georgia Spec, or Land in the 
Moon," and the " Algerine Captive." In 1809 he published two volumes of "Reports 
of Cases in the Supreme Court of Vermont." He died at Brattleboro' , Vt., August 
16, 1826. 

Leverett Saltonstall Tuckerman, son of John Francis and Lucy (Saltonstall) 
Tuckerman, was born in Washington, D. C, April 19, 1848, and graduated at Har- 
vard in 1868. He graduated at the Harvard Law School in 1871, and finishing his 
law studies in Salem in the office of Perry & Endicott, was admitted to the bar in 
Salem in 1872. He is unmarried and resides in Boston. 





/ s cy^c^£^tr^ t 



BIOGRAPHICAL REGISTER. 277 

Frederick Goddard Tuckerman, son of Edward and Sophia (May) Tuckerman, 
was born in Boston, February 4, 1821, and was educated at the Boston Latin School. 
He graduated at the Harvard Law School in 1842, and was admitted to the Suffolk 
bar September 16, 1844. He married, June 17, 1847, Hannah L. B., daughter of 
David Smith Jones, of Weston, and Hannah Lucinda Whitman, of Lincoln, and died 
at Greenfield, May 9, 1873. 

George Ticknor, son of Elisha, was born in Boston, August 1, 1791, and gradu- 
ated at Dartmouth in 1807. He was admitted to the Suffolk bar in 1813, and prac- 
ticed, if at all, only two years. In 1815 he went to Europe, spending two years at 
Gottingen and returning home in 1819. During his absence he was appointed pro- 
fessor of modern languages at Harvard and served fifteen years. In 1835 he again 
went to Europe, returning in 1840, when he began writing a History of Spanish 
Literature, which he published in 1849. His lesser works were a Life of Lafayette, 
a Memoir of William Hickling Prescott, and contributions to the North American 
Review and other publications. He received the degree of LL.D. from Harvard in 
1850, and died in Boston, January 26, 1871. 

Peter Oxenbridge Thacher, son of Rev. Peter Thacher, was born in Maiden, 
December 22, 1776, and graduated at Harvard in 1796. He was admitted to the Suf- 
folk bar in 1801, and May 14, 1823, was appointed the judge of the "Municipal Court 
in the Town of Boston," serving until his death at Boston, February 22, 1843. On 
the first of March following the Legislature, believing it best that a judge should not 
be exclusively devoted to the trial of criminal cases, provided by law that the judges 
of the Common Pleas Court should be ex officio judges of the Municipal Court. 

Walter H. Thorpe, son of Walter and Eliza J. (Ellery) Thorpe, was born in Athol, 
Mass., October 7, 1867, and was educated at the Athol High School. He studied law 
at the Boston University Law School and was admitted to the bar in Middlesex 
county, June 27, 1890. His residence is in Newton. 

John Weldon Threshie, son of Charles and Henrietta C. Threshie, was born in 
New Orleans, La., August 22, 1863, and was educated at the Pierce Academy in Mid- 
dleboro', Mass. He studied law at the Boston University Law School and in the 
office of J. Frank Paul, of Boston, and was admitted to the Suffolk bar in August, 
1877. He was an assistant of John Lathrop, reporter of the decisions of the Supreme 
Court. He resides in Newton. 

James L. Walsh was born in East Boston, March 28, 1843, and was educated at 
the Lyman Grammar School in Boston and at the College of the Holy Cross in Wor- 
cester. He studied law at the Harvard Law School and was admitted to the Suffolk 
bar March 12, 1872. He was representative in 1877-78, and is a special justice of the 
East Boston District Court. 

Clarence Stuart Ward, son of Andrew Henshaw and Anna H. W. (Field) Ward, 
was born in Newton, Decembers, 1852, and graduated at the Massachusetts Insti- 
tute of Technology in 1872. He graduated at the Boston University Law School in 
1876, and was admitted to the Suffolk bar October 19, 1875. He was a commissioner 
of the United States at the Paris Exposition in 1889. He makes patent cases and 
corporation law specialties, and is the author of "Wit, Wisdom and Beauties of 
Shakespeare," published by Houghton, Mifflin & Company in 1887. He lives unmar- 
ried in the Allston district of Boston. 



2 7 S HISTORY OF THE BENCH AND BAR. 

Edward Garrison Walker, son of David and Eliza Walker, was born in Boston 
in L835, and was educated in Charlestown. He studied law in Boston in the office of 
Charles A. Tweed, and was admitted to the Suffolk bar in May, 1861. He was a 
representative in 1867, and lives in Boston. 

fosEPH W \i.kkk, son of Joseph IT. and Hannah M. Walker, was born in Worcester, 
.Mass., Inly 13, 1865, and studied law at the Harvard Law School and in Boston in 
the office of Chaplin & Garret, and was admitted to the Suffolk bar in December, 
[889. He married at Providence, R. I., June 30, 1890, and resides in Brookline. 

Nathanie) Upham Walker, son of Joseph B. and Elizabeth L. Walker, was born 
in Concord, N. H., January 14, 1855, and graduated at Yale in 1S77. He studied law 
at the Harvard Law School and in Boston in the office of Jewell, Field & Shepard, 
and was admitted to the Suffolk bar February 14, 1881. He married in Boston, June 
li. 1888, Helen F. Dunklee, and resides in Boston. 

Charles Pinckney Sumner was born in Milton, Mass., January 20, 1776, and grad- 
uated at Harvard in 1796. He studied law in Boston with George Richards Minot, 
and was admitted to the Suffolk bar in 1800. He was high sheriff of Suffolk county 
from 1825 to 1839, and died in Boston, April 2, 1839. 

Charles Sumner, son of Charles Pinckney Sumner, was born in Boston, January 6-, 
1811, and graduated at Harvard in 1830. He graduated at the Harvard Law School 
in 1834, and was admitted to the bar in that year. Soon after his admission he was 
appointed reporter of the Circuit Court, and in 1835-36-37-43 he was a lecturer in the 
Harvard Law School, and in 1851 succeeded Daniel Webster as United States sena- 
tor. In 1848 he allied himself with the Free Soil party and advocated the election of 
Van Buren and Adams in the presidential campaign of that year. His election by 
the Legislature to the Senate in 1851 was the result of a coalition of the Free Soil men 
with the Democrats, who received their share by the election of George S. Boutwell 
for governor, the election of that officer coming to the Legislature in consequence of 
a failure to elect by the people. His career in the Senate was marked by a constant 
and effective attack on the strongholds of slavery, and, perhaps, next to Garrison 
no man did more to bring about that condition of affairs which resulted in the eman- 
cipation of the slave. He continued in the Senate until his death. In the line of his 
profession in 1831 he became editor of the American Jurist, in 1836 he edited " Dun- 
lap on Admiralty," from 1828 to 1839 he published three volumes of Circuit Court Re- 
ports, and jointly with Jonathan C. Perkins edited " Vesey's Chancery Reports" in 
twenty volumes. His most noted speeches were " The Crime against Kansas," 
" Freedom is National, Slavery Sectional," and the " Barbarism of Slavery," deliv- 
ered in the Senate, and "The True Grandeur of Nations," " The Scholar, the Jurist, 
the Artist, the Philanthropist," " Fame and Glory," " White Slavery in the Barbary 
States," " Law of Human Progress," " Finger-Point from Plymouth Rock," " Land- 
mark of Freedom," "The Anti-Slavery Enterprise," "Position and Duties of the 
Merchant," "Our Foreign Relations," " The Case of Florida," " Eulogy of Abra- 
ham Lincoln," " Our Claims on England," on various occasions, a collection of which 
was published in two volumes in 1850 and 1856. He married Alice, widow of Stur- 
gis Hooper, of Boston, and daughter of Jonathan Mason, of Boston, and died in 
Washington, March 11, 1874. 



BIOGRAPHICAL REGISTER. 2?9 

Robert Rantoul, son of Robert, was born in 'Beverly, Mass., August 13, L805, and 
graduated at Harvard in 1826. He was admitted to the Middlesex bar in 1831, and 
after a short season of practice in South Reading established himself in Gloucester in 
1833, and in 1838 removed to Boston. He was representative from Gloucester from 
1833 to 1837, and collector of the port of Boston from 1843 to 1845. He was appointed 
United States district attorney for Massachusetts in 1845, holding the office until 
1849, and United States senator for the unexpired term of Mr. Webster in 1851, and 
member of Congress from 1851 to his death, which occurred at Washington, August 
7, 185-2. 

William Prescott, son of Col. Wm. Prescott, was born in Peppered, Mass., Au- 
gust 19, 1762, and graduated at Harvard in ITS:;. After teaching school a short time 
at Brooklyn, Conn., and Beverly, Mass., he studied law with Nathan Dane, of Bev- 
erly, and was admitted to the bar in 1787, establishing himself in Beverly for three 
years and then removing to Salem. He was a representative from Salem and sena- 
tor from Essex county. In 1808 he removed to Boston. In 1X14 the Boston Court of 
Common Pleas was established, of which Harrison Gray Otis was the first judge, ap- 
pointed on the 16th of March in that year, succeeded by William Minot, appointed 
March 2, 1818, who was followed by Mr. Prescott, appointed April 21, 1818. He 
served until May 11, 1819, when he was succeeded by Artimas Ward, the last judge 
of that court. In 1814 he was a delegate to the Hartford Convention, and in 1820 a 
member of the State Constitutional Convention. He received the degree of LL. D. 
from Harvard in 1824, and died in Boston, December 8, 1844. 

Edward Goldsborough Prescott, son of Judge William, was born in Salem, Jan- 
uary 2, 1804, and graduated at Harvard in 1825. He was admitted to the Suffolk bar 
July 14, 1828, but after practicing a few years studied divinity, and in 1837 was 
settled as an Episcopal clergyman in New Jersey. He died April 4, 1844. 

John Pickering, son of Col. Timothy Pickering, was born in Salem, February 17, 
1177, and graduated at Harvard in 1790. He studied law with Edward Tilghman in 
Philadelphia and in Salem, and was admitted to the bar of Essex county in 1806. 
While pursuing his studies he was in 1797 secretary of legation to William Smith, 
United States minister at Portugal, and in 1799 private secretary of Rufus King, 
United States minister to England. He practiced in Salem until 1827, when here- 
moved to Boston, where he was city solicitor from 1829 until his death, which occurred 
in Boston, May 5, 1846. He was a representative from Salem, and a senator from both 
Essex and Suffolk counties. He was also a member of the Executive Council. Dis- 
tinguished as he was in the profession of law, he was quite as distinguished as a 
philologist, and was the author of " Vocabulary of Americanisms," " The Uniform 
Orthography of the Indian Language," " Indian Languages of America," of articles 
on the Chinese language, the Cochin Chinese language, and other languages, and of 
a Greek and English Lexicon. He was familiar with French, Portuguese, Italian, 
Spanish, German, Romaic, Greek and Latin, and more or less so with Dutch, Swed- 
ish, Danish and Hebrew. He had also studied Arabic, Turkish, Syriac, Persian, 
Coptic, Sanscrit, Chinese, Malay, and the Indian languages of America. In 1806 he 
was appointed professor of Hebrew at Harvard, and received the degree of LL.D. 
from Bowdoin in 1822 and Harvard in 1835. He died in Boston, May 5, 1846. 



2 8o HISTORY OF THE BENCH AND BAR. 

( ), i w ii s Pickering, son of Col. Timothy Pickering, was born in Wyoming, Penn., 
September 2, 1792, and graduated at Harvard in 1810. He studied law with his 
brother John in Boston, and was admitted to the Suffolk bar in March, 181 6. He 
practiced in Boston, and in 1822 was appointed reporter of the decisions of the Su- 
preme Judicial Court, his reports comprising twenty-four volumes, beginning with 
the Berkshire term in September, 1822, and ending with the Essex term in 18:51). He 
died in Boston, October 29, L868. 

1 wn.s Winthrop Pickering, son of James Farrington and Sarah (Pike) Pickering, 
was born in Boston, March 26, 1848, and was educated at the Boston public schools. 
He studied law at the Harvard Law School and in Boston with his father, and was 
admitted to the Suffolk bar in December, 1869. He married Alice Aurelia, daugh- 
ter of Oliver Lawrence and Mary (Whitney) Wheeler in 1880, and resides in Boston. 

John Phillips, son of William and Margaret (Wendell) Phillips, was born in Bos- 
ton, November 26, 1770, and graduated at Harvard in 1788, and was admitted to the 
bar in 1791 or 1792, as in the latter year his name is found in the list of Suffolk law- 
yers. On the 29th of August, 1809, he was appointed one of the justices of the Court 
of Common Pleas, and from 1803 to 1823 he was a member of the Senate, serving as 
its president the last ten years. He was the first mayor of Boston, serving in 1822 
and 1823. He died in Boston, May 29, 1823. He married Sally, daughter of Thomas 
and Sarah (Hurd) Walley. 

Wendell Phillips, son of John and Sally (Walley) Phillips, was born in Boston, 
November 29, 1811, and graduated at Harvard in 1831. He was admitted to the bar 
in Middlesex county in September, 1834. The current of anti-slavery sentiment then 
developing in Massachusetts swept him away from his profession, and soon after his 
admission he abandoned the law and devoted his time and talents to the anti-slavery 
cause. His maiden oratorical effort was in support of resolutions at a meeting in 
Faneuil Hall in is:',7, condemning the murder of Rev. Elijah P. Lovejoy, of Alton, 
111. It is Unnecessary to recount in this register the incidents in the life of a man so 
well known and whose career has been so thoroughly published to the world. Un- 
like Mr. Garrison, who considered his life work done when the cause of emancipation 
was triumphant, he lent his energies to other reforms and continued until his death 
the advocate of temperance, labor reform, and woman suffrage. He died in Boston, 
February 2, lss-l. He married Anne Terry Greene. 

Thom \s Walley Phillips, son of John and Sally (Walley) Phillips, and brother of 
Wendell, was born in Boston, January 16, 1797, and graduated at Harvard in 1814. 
He studied law with Lemuel Shaw in Boston, and was admitted to the bar in Mid- 
dlesex county in November. 1819. He was a councilman in Boston in 1827, a repre- 
sentative from 1834 to 1837, and was appointed by Judge Peter Oxenbridge Thacher 
in 1830 clerk of the Boston Municipal Court, serving in that capacity until his death, 
which occurred at Nahant, Septembers, 1859. He married in Boston, March 18, 
1S'24, Anna Jones, daughter of Samuel Dunn, of Boston. 

Grenville Tuuok Phillips, son of John and Sally (Walley) Phillips, was born in 
Boston, August 14, 1816, and graduated at Harvard in 1836. He studied law in Bos- 
ton in the offices of Peleg Sprague and William Gray, and was admitted to the Suf- 
folk bar in October, 1839. He devoted but little of his time to his profession, and 
after 1845 spent most of his time in Europe. He died in Saugus, May 25, 1863. 



BIOGRAPHICAL REGISTER. 281 

Willard Phillips was born in Bridgewater, Mass., December 19, 1784, and grad- 
uated at Harvard in 1810, where he was tutor after his graduation until 1815. He 
then studied law, and was admitted to the bar in Middlesex county in October, 1818. 
He was for a time an assistant editor of the North American Review, and in 1825- 
26 was a member of the Massachusetts H< ruse of Representatives. On the 3d of May, 
1839, he was appointed judge of probate for Suffolk county and continued in office 
until 1847, when on the 17th of December he was succeeded by Edward Greeley Lor- 
ing. He was then made president of the New England Mutual Life Insurance Com- 
pany in Boston and continued in that office until his death, which occurred at Cam- 
bridge, September 9, 1873. He received the degree of LL.D. from Harvard in 1853. 

John Phillips, was born in Charlestown in 1631. He was judge of admiralty, treas- 
urer of the Province, and judge of the Inferior Court of Common Pleas for Middlesex 
county from 1692 to 1715. He died at Charlestown, March 20, 1726. 

Stephen Henry Phillips, son of Stephen C. and Jane (Appleton) Phillips, was born 
in Salem, August 16, 1823, and graduated at Harvard in 1842. He graduated at the 
Harvard Law School in 1844, and was admitted to the Suffolk bar February 6, 1846. 
He was for a time editor of the Law Reporter, district attorney of Essex from 1851 
to 1853, and attorney-general by election from 1858 to 1861. In 1866 he went to 
Honolulu and was attorney-general of the Hawaiian Islands from 1866 to 1873, and 
minister of foreign affairs. On his return to the United States he practiced law for 
a time in San Francisco, and has been since engaged in his profession with offices in 
Salem and Boston. He married, October 3, 1871, Margaret, daughter of James H. 
and Mary (Willis) Duncan, of Haverhill, Mass. 

Jonathan Cogswell Perkins, was born in Ipswich, Mass., November 21, 1809, and 
graduated at Amherst in 1832. He studied law at the Harvard Law School, and was 
admitted to the bar in Essex county in 1835. He was State senator in 1847, and in 
1848 was appointed judge of the Common Pleas Court, remaining on the bench until 
the dissolution of the court in 1859. He edited several volumes of Pickering's Re- 
ports with Notes, Chitty's Criminal Law, Chitty on Contracts, Jarman on Wills, Ab- 
bot on Shipping, Daniell's Chancery Practice, Collver on Partnership, and was the 
author of a treatise on Arbitrations and Awards. He died in .Salem, December 12, 
1877. 

Edward Griffin Parker, was born in Boston, November 16, 1825. He studied law 
with Rufus Choate, and was admitted to the Suffolk bar in November, 1849. In IN.')'.! 
he was a member of the Massachusetts Senate. He was chairman of the committee 
to whom was referred that part of the message of Governor Banks relating to the 
purchase of the Hancock house for an executive residence, and the writer who was 
with him at the Senate Board and aided him in his efforts, bears willing testimony to 
the energy and eloquence displayed by him in advocating the purchase. During the 
war he was a volunteer aid on the staff of General B. F. Butler, and afterwards as- 
sistant adjutant-general on the staff of General Martindale. He was the author of 
" Golden Age of Oratory," and an exceedingly interesting book entitled " Reminis- 
cences of Rufus Choate." He died in New York city, March 30, 1868. 

Samuel Allyne Otis, son of Col. James Otis, was born in Barnstable, Mass., No- 
vember 24, 1740, and graduated at Harvard in 1759. He studied law, but relin- 
36 



282 HISTORY OF THE BEXCH AND BAR. 

quished it and became a Boston merchant. The writer is not certain that he was 
ever admitted to the bar. He was a representative in 1770, and in 1784 speaker of 
the House. He was a member js in 1788, and afterwards secretary of the 

Unite - He married Elizabeth, daughter of Harrison Gray, of Boston, 

and was the father of Harrison Gray Otis. He died at Washington. I). C. April 22, 
1814. 

E Arthur Perkins, son of Levi and Elizabeth (Sands) Perkins, was born in 

Cambridge, September 4, 1856, and graduated at the Boston University Law School 

376. He was admitted to the bar in Middlesex county in May 1876, and to the 

United States Circuit Court April 3, l w 2. He was a representative from Cambridge 

in : .-.nd his residence is still in that city. 

Henry Grover Perkins, son of Francis W. and Laura (Simonds) Perkins, was born 
in Fitzwilliam. N. H.. July 16, 1*65. and graduated at Harvard in 1887. He studied 
law at the Boston University Law School and was admitted to the Suffolk bar Jan- 
uarv 15, - He lives in the Dorchester district of Boston. 

Daniel Leonard, a graduate of Harvard in 1760, is spoken of in 1770 as a barris- 
ter at the Suffolk bar. He belonged to Taunton. He was at the meeting of the 
Suffolk bar held January 3, 177<». at the Bunch of Grapes Tavern on the corner of 
State and Kelly streets, to form a Bar Association. He died in 1800. 

Benjamin Hichborn graduated at Harvard in 1768 and was admitted to the Suffolk 
bar in 1772. He died in 1817. 

Elisha Thayer, son of Ebenezer Thayer, of Braintree, graduated at Harvard in 
1 7 • "« 7 . and studied law with John Adams. He was admitted to the Suffolk bar in 
1774, and died in the same year. 

John Bllkley graduated at Harvard in 1769. and after studying law with Josiah 
Ouincy was admitted to the Suffolk bar in 1770. and died in 1774. 

Edward Walker studied law with Samuel Quincy and was probably admitted to 
the Suffolk bar in 1775. 

Thomas Edwards graduated at Harvard in 1771. and studied law with Josiah 
Ouincy. He was admitted to the Supreme Court in 1784 and to the Common Pleas 
at an earlier date. He died in l v 

Nathaniel Coffin, after practicing two years in the Inferior Court of Common 
Pleas, was admitted to the Superior Court-in. Suffolk in 1773. 

Jonathan Williams, son of Inspector General John Williams, graduated at Har- 
vard in 1772, and studied law with John Adams. He was admitted in 1775, and 
died in 178 

Edward Hill, son of Alexander, of Boston, graduated at Harvard in 1772, and 
studied law with John Adams. He was admitted in 1775, and died the same year. 

John Trumbull, probably the painter, graduated at Harvard in 1773, and entered 
the office of John Adams in 1774. He died in 1843. 

Nathaniel Battelle graduated at Harvard in 1765, and entered the office of 
-alter Blowers in 1774. He died in 1816. 

Perez Morton, son of Joseph and Amiah (Bullock) Morton, was born about 1751, 
and graduated at Harvard in 1771. He studied law with Josiah Quincy, and was 



BIOGRAPHICAL REGISTER. 283 

admitted to the Common Pleas Court in Suffolk in July, 1774. He was appointed 
attorney-general September 7. 1810, and was succeeded by James T. Austin. May "J4, 
1832. He died in 1837. 

Joshua Thomas, son of William and Mercy Logan (Bridgham) Thomas, was born 
in Plymouth in 1751, and graduated at Harvard in 1772. He studied law in the 
office of Josiah Quincy, and was probably admitted to the Suffolk bar. He was 
the staff of General John Thomas early in the Revolution, but finally settled in his 
native town, where he became judge of probate, a member of the Committee on Cor- 
respondence, and the first president of the Pilgrim Society. He married Isabella 
Stevenson, of Boston, and died at Plymouth in 1821. 

Daniel New comb graduated at Harvard in 1768, and after studying law with John 
Lowell was admitted to the Suffolk bar in 1778. He became judge of the Supreme 
Court of New Hampshire, and died in 1818. 

Samuel Doggett graduated at Harvard in 1775, and studied law with Perez Mor- 
ton. He was admitted to the bar in 1780, and died in 1817. 

Henry Goodwin graduated at Harvard in 1778, and studied law in Boston with 
William Tudor, and died in 1789. 

Rufus Greene Amory graduated at Harvard in 1778, and studied law with John 
Lowell, and was admitted to the bar in 1781. He died in 1833. 

James Hughes graduated at Harvard in 178U. He studied law with Benjamin 
Hichborn, and was admitted to the Suffolk bar in 1780. He died in 1799. 

Israel Keith graduated at Harvard in 1771, and was an attorney at the Suffolk bar 
in 1780. He died in 1819. 

Peter Clarke graduated at Harvard in 1777, and studied law with Increase Sum- 
ner. He died in 1792. 

Benjamin Lincoln graduated at Harvard in 1777. and studied law in Worcester 
with Levi Lincoln, and in Boston with John Lowell, and was admitted to the Suffolk 
bar in 1781. He died in 1788. 

William Hunter Torrens, of Charleston, S. C, studied law in the office of John 
Lowell in 1781, and was probably admitted to the Suffolk bar. 

William Hunt graduated at Harvard in 1768, and was a member of the Suffolk 
bar in 178<>. He died in 1804. 

Jonathan Fay graduated at Harvard in 1778, and studied law with Benjamin 
Hichborn. He was admitted to the bar in 1781, and died in 1811. 

William Wetmore was a member of the Suffolk bar in 1781, and was a barrister 
in 1787. In 1811 the Circuit Courts of Common Pleas were established and in the 
Middle Circuit, of which Suffolk county formed a part, Mr. Wetmore. of Boston, was 
appointed associate justice. 

Joseph Hall graduated at Harvard in 1781, and studied law with Benjamin Hich- 
born. He was admitted to the Suffolk bar in 1784. He was appointed judge of pro- 
bate for Suffolk county September 6, 1825, and was succeeded by John Heard, March 
15, 1836. He died in 1848. 

Edward Wendell graduated at Harvard in 1781, and studied law with John 
Lowell. He died in 184L 



2$ 4 HISTORY OF THE BENCH AND BAR. 

David Leonard Barnes graduated at Harvard in 1780, and studied law with James 
Sullivan and Daniel Leonard. He was admitted to the Suffolk bar in 1783. He be- 
came judge of the United States District Court, and died in 1812. 

Edward Gray graduated at Harvard in 1782, and studied law with James Sulli- 
van, and was admitted to the Suffolk bar in 1785. He died in 1810. 

John Brown Cotting studied law in the office of John Lowell in 1783, and was 
probably admitted to the bar in 1785. 

Samuel Quincv, jr., graduated at Harvard in 1782, and read law in the office of 
Christopher Gore. He was admitted to the bar in 1786, and died in 1816. 

Harrison Gray Otis, son of Samuel Allyne Otis, was born in Boston, October 8, 
1765, and graduated at Harvard in 1783. He studied law with John Lowell, and 
was admitted to the Suffolk bar in 1786. He was a representative in 1796, member 
of Congress form 1797 to 1801, United States district attorney in 1801, representative 
again and speaker from 1803 to 1805, president of the State Senate from 1805 to 1811. 
He was appointed March 16, 1814, judge of the Boston Court of Common Pleas, and 
was succeeded by William Prescott, April 21, 1818. He was United States senator 
from 1817 to 1822, and mayor of Boston from 1829 to 1832. In 1814 he was a mem- 
ber of the Hartford Convention. He married in Boston Sally, daughter of William 
and Grace (Spear) Foster, and died in Boston, October 28, 1848. 

John Rowe graduated at Harvard in 1783, and studied law with William Tudor. 
He was admitted to the Suffolk bar in 1786. He died in 1812. 

John Tucker graduated from Harvard in 1774, and is referred to as a member of 
the Suffolk bar in 1783. He died in 1825. 

Richard Brook Roberts studied law in Carolina and in Boston with Benjamin 
Hichborn, whose office he entered in October, 1783. 

Samuel Cooper Johonnot graduated at ^Harvard in 1783, and studied law with 
James Sullivan. He died in 1806. 

John Tii vxter graduated at Harvard in 1774, and in 1784 was admitted to the Su- 
preme Court, having already been admitted to the Common Pleas. He died in 1791. 

Bradisii, probably either Ebenezer, who graduated at Harvard in 1769, or 

Isaac, who graduated in 1773, is referred to as a Suffolk attorney in 1784. 

John Gardiner, jr., son of John, read law with his father, entering his office in 
1784. 

William Hill, from North Carolina, studied law with Christopher Gore. 

Fortescue Vernon graduated at Harvard in 1780, and studied law with Benjamin 
Hichborn. He was admitted to the Suffolk bar in 1787, and died in 1790. 

John Merrick graduated at Harvard in 1784, and studied law in the office of 
Thomas Dawes. He was admitted to the bar in 1788, and died in 1797. 

Samuel Borland graduated at Harvard in 1786, and studied law with John Lowell, 
and died in 1840. 

James Sullivan, jr., son of James, graduated at Harvard in 1786, and studied law 
with his father, and died in 1787 before admission. 

Thomas Russell, son of Thomas, of Boston, studied law with John Lowell in 1786. 



BIOGRAPHICAL REGISTER. 285 

Thomas Williams graduated at Harvard in 1784, and after studying law with 
John Lowell was admitted to the Suffolk bar in 1787. He died in 1823. 

George Warren studied law with Perez Morton, and was admitted to the Suffolk 
bar in 1788. 

Thomas Crafts graduated at Harvard in 1785, and studied law with Christopher 
Gore. He was admitted to the Suffolk bar in 1788, and died in 1798. 

Samuel Andrews graduated at Harvard in 1786, and studied law with Benjamin 
Hichborn. He was admitted to the Suffolk bar in 1789, and died in 1841. 

William Lyman studied law with James Sullivan, and was admitted to the Suffolk 
bar in 1789. 

Nathaniel Higginson studied law with William Wetmore in 1788. 

Phineas Bruce entered the office of Benjamin Hichborn in 1788, and was admitted 
to the Suffolk bar in 1790. 

Bossenger Foster graduated at Harvard in 1787, and studied law with Theophilus 
Parsons. He died in 1816. 

Edward Clarke graduated at Harvard in 1788, and studied law with John Lowell. 
He was admitted to the Suffolk bar in 1791, and died in the same year. 

Joseph Blake graduated at Harvard in 1786, and studied law with John Lowell. 
He was admitted to the Suffolk bar in 1789, and died in 1802. 

Robert Paine, son of Robert Treat Paine, graduated at Harvard in 1789, and 
studied law with his father. He was admitted to the bar in 1792, and died in 1798. 

Thomas Hammond, who had been admitted to the bar in New Hampshire, was ad- 
mitted to the Suffolk bar in 1790. He graduated at Harvard in 1787, and died in 
1803. 

Nathaniel Fisher graduated at Harvard in 1789, and studied law with Edward 
H. Robbins. He was admitted to the bar in 1791, and died in 1802. 

Samuel Haven graduated at Harvard in 1789, and studied law with Fisher Ames. 
He Avas admitted to the Suffolk bar in 1793, and died in 1N47. 

John Callender graduated at Harvard in 1790, and studied law with Christopher 
Gore. He was admitted to the Suffolk bar in 1793, and died in 1833. 

Alexander Townsend was admitted to practice in the Supreme Court in Suffolk 
county before 1807. 

Horatio Townsend was admitted in Suffolk county to practice in the Supreme 
Court before 1807. 

William Sullivan, son of General John Sullivan of the Revolution, was born in 
Saco, Me., November 30, 1774, and graduated at Harvard in 1792. He studied law 
in Boston, and was admitted to the Suffolk barm 1795. He soon became one of the 
leaders of the bar and entered somewhat into politics. He was a representative and 
member of the Executive Council and of the Constitutional Convention of 1820, and 
devoted himself also to literary pursuits. He published "Familiar Letters on the 
Public Men of the Revolution," "Sea Life," "Political Class-book," " Moral Class- 
book," "Historical Class-book," and delivered several orations, the most noted of 
which was his oration at Plymouth on the 22d of December, 1829. He died in Bos- 
ton, September 3, 1839. 



286 HISTORY OF THE BENCH AND BAR. 

John Turner Sargent Sullivan, son of William, was born in Boston in 1813, and 
was educated in Germany. He was admitted to the Suffolk bar in October, 1835, 
and practiced first in St. Louis and afterwards in Philadelphia. He was a superior 
linguist, a fine musician, an inimitable story teller and excellent conversationalist. 
The writer knew him well and can say with truth that he has never encountered a 
man with such varied talents. He died in Boston, December 30, 1848. 

Benjamin Beale graduated at Harvard in 1787, and is referred to as a member of 
the Suffolk bar in 1792. He died in 1826. 

John Williams graduated at Harvard in 1792, and was admitted to the Suffolk bar 
in 1795. He studied with Harrison Gray Otis. He died in 1845. 

Francis Blake graduated at Harvard in 1789, and studied law in Worcester. He 
was admitted to the Suffolk bar in 1793, and died in 1817. 

Joseph Rowe was admitted to the Suffolk bar in 1793. He had been educated in 
Canada and had studied law two years in the office of the attorney-general of Can- 
ada. He afterwards spent two years in the office of William Tudor, and was twenty- 
two years old at the time of his admission. 

James Allen, jr., studied law in Worcester with Levi Lincoln, and was admitted to 
the Suffolk bar in 1795. 

Charles Porter Phelps graduated at Harvard in 1791, and is referred to as a 
member of the Suffolk bar in 1796. He died in 1857. 

Shearjashub Bourne graduated at Harvard in 1764, and died in 1806. He began 
practice in Barnstable, but the writer finds his name enrolled as a member of the 
Suffolk bar, May 17, 1796, and he was appointed chief justice of the Court of Com- 
mon Pleas for Suffolk county in 1801. 

Charles Paine graduated at Harvard in 1793, and he is referred to as a member 
of the Suffolk bar in 1796. He died in 1810. 

William Thurston signed a roll of members of the Suffolk bar in 1797. 

Edward Jackson graduated at Harvard in 1794, and was a member of the Suffolk 
bar in 1796. He died in 1819. 

Ezekiel Bacon, son of Rev. John Bacon, was born in Boston, September 1, 1776, 
and graduated at Yale in 1794. In 1796 he was a member of the Suffolk bar. He 
moved from Boston to Stockbridge, Mass., was a representative in 1805-6, chief jus- 
tice of the Circuit Court of Common Pleas in 1813, first comptroller of the Treasury 
from 1813 to 1815, member of Congress from 1807 to 1813. He moved in 1816 to 
Utica, N. Y., and there died October is, 1870. 

John Heard was enrolled as a member of the Suffolk bar in 1796. He was ap- 
pointed judge of probate of Suffolk county March 15, \X'-M'\ and was succeeded by 
Willard Phillips, May 3, 1839. 

David Everett is referred to as a member of the Suffolk bar in 1796. 

Henry Maurice Lisle, a member of the Suffolk bar in 1796. 

Isaac Story graduated at Harvard in 1793, and studied law in Essex county. He 
was admitted to the Suffolk bar in 1796, and died in 1803. 

John Ward Glrlev studied law with John Lowell, and was admitted to the Suf- 
folk bar in 1799. 



BIOGRAPHICAL REGISTER. 287 

Charles Davis graduated at Harvard in 1790, and studied law with James Sullivan. 
He was admitted to the Suffolk bar in 1799, and died in 1821. 

Charles Cushing graduated at Harvard in 1790, and studied law with James Sul- 
livan. He was admitted to the Suffolk bar in 1799, and died in 1819. 

Benjamin Wood graduated at Harvard in 1797, and in the same year entered the 
office of John Davis, but died in 1798, before admission. 

Holden Sloci m, jr., studied law with George R. Minot, and was admitted to the 
Suffolk bar in 1801. 

Foster Waterman was a schoolmaster in Boston, and studied law with John M. 
Forbes, and was admitted to the Suffolk bar in 1798. 

John Murray Forbes graduated at Harvard in 1787, and died in 1831. He was 
admitted to the Suffolk bar in 1791. 

Kilborn Whitman, son of Zechariah and Abigail (Kilborn) Whitman, was born in 
Bridgewater, August 17, 1765, and graduated at Harvard in 1785. He prepared for 
the ministry under the instruction of William Shaw, D.D., of Marshfield, and was 
settled over the parish in Pembroke, where he continued to live until his death. After 
ten years' service in the ministry he studied law in the office of his brother, Benjamin 
Whitman, of Hanover, and was admitted to the Suffolk bar in 1791. He settled in 
Pembroke, and was appointed count)- attorney in 1811, continuing in office until 
1832. He was also for many years overseer of the Mashpee and Herring Pond 
Indians. He married Elizabeth, daughter of Isaac Winslow, of Marshfield, and died 
in Pembroke December 11, 1835. 

Humphrey Devereux graduated at Harvard in 1798, and studied law with John 
Lowell. He was admitted to the Suffolk bar in 1801, and died in 1867. 

Artemas Sawyer graduated at Harvard in 1798, and studied law with George R. 
Minot. He was admitted to the Suffolk bar in 1801, and died in 1815. 

Tkomas Paine studied law in 1799 in the office of Robert Treat Paine, and was ad- 
mitted to the Suffolk bar in 1801. 

Totham Bender graduated at Harvard in 1796, was admitted to the Suffolk bar in 
1799, and died in 1800. 

Luther Richardson graduated at Harvard in 1799, and studied law with Thomas 
Williams. He was admitted to the Suffolk bar in July, 1802, and died in 1811. 

Henry Cabot, son of George and Elizabeth (Higgmson) Cabot, was born in Boston 
in 1783, and took a partial course at Harvard. He studied law with Rufus (\. 
Amory, and was admitte'd to the Suffolk bar in 1804. He married Anna Sophia, 
daughter of John Welland and Abigail (Jones) Blake, of Brattleboro', Vt., and died at 
Nahant, August 18, 1864. 

Nathaniel Sparhawk was born in 1781, and graduated at Dartmouth in 1798. He 
studied law with George Blake, and was admitted to the Suffolk bar in 1801, and died 
in 1802. 

Aaron Hall Putnam graduated at Harvard in 1800, and studied law with John 
Lowell. He was admitted to the Suffolk bar July 5, 1803, and died in 1809. 

Henry Edes graduated at Harvard in 1799, and studied law with James Sullivan. 
He was admitted to the Suffolk bar in July, 1802, and died in 1851. 



288 HISTORY OF THE BENCH AND BAR. 

Gideon Latimer Thayer graduated at Harvard in 1798, and studied law with 
James Sullivan. Me was admitted to the Suffolk bar probably in 1804, and died in 
1829. 

David [rei and Greene graduated at Harvard in 1800, and studied law with Wil- 
liam Sullivan. He died in 1826. 

Warren Dutton studied law with John Lowell, and was admitted to the Suffolk 
bar in July, 1803. 

Samuel Parker studied law with Rufus G. Amory in Boston in 1801. 

Alpheus Baker studied law with John Lowell in 1801. 

Swu ii. Mather Crocker graduated at Harvard in 1801. He studied law with 
Edward Gray, and was admitted to the Suffolk bar in July, 1804. He died in 1852. 

John Knait graduated at Harvard in 1800, and studied law with John Davis. He 
was admitted to the bar in July, 1808, and died in 1849. 

Thomas Welsh graduated at Harvard in 1798, and studied law with John Davis. 
He was admitted to the Suffolk bar in July, 1804, and died in 1831. 

Arthur M. Walter studied law with Harrison Gray Otis, and was admitted to the 
Suffolk bar in 1802. 

William Smith Shaw graduated at Harvard in 1798, and studied law with Harrison 
Gray Otis. He was admitted to the Suffolk bar in April, 1804, and died in 1820. 

John Codman, jr., graduated at Harvard in 1802, and studied law with John 
Lowell. He died in 1847. 

James Henderson Elliott graduated at Harvard in 1802, and studied law with 
John Lowell, t He was admitted to the Suffolk bar in April, 1806, and died in 1808. 

Timothy Fuller, son of Rev. Timothy, was born in Chilmark, Mass., July 11, 
1778, and graduated at Harvard in 1801. He studied law in Worcester with Levi 
Lincoln, and in Boston with Charles Paine, and was admitted to the Suffolk bar in 
October, 1SII4. He was senator from 1813 to 1816, member of Congress from 1817 
to 1825, speaker of the Massachusetts House of Representatives in 1825, and member 
of the Executive Council in 1828. He died at Groton, October 1, 1835. 

Timothy Boutelle graduated at Harvard in 1800, and studied law with Ebenezer 
Gay. He died in 1855. 

David Bradley studied law in the office of John Heard in 1802. 

Aaron Emmes studied law with David Everett in 1802. 

Israel Munroe graduated at Harvard in 1800, and studied law with John Phillips. 
He was admitted to the Suffolk bar in July, 1803, and died in 1834. 

Benjamin Welles graduated at Harvard in 1800, and studied law with Harrison 
Gray Otis. He was admitted to the Suffolk bar in 1803, and died in 1860. 

Benjamin Marston Watson graduated at Harvard in 1800, and studied law with 
Theophilus Parsons. He was admitted to the Suffolk bar in 1804, and died in 1851. 

Adam Winthrop graduated at Harvard in 1800, and studied law with George 
Blake. He was admitted to the bar in 1803, and died in 1846. 

Robert Fields applied for admission to the bar in 1805, but the writer is not cer» 
tain that he was ever admitted. 



BIOGRAPHICAL REGISTER. 289 

Homer Albers, son of Claus and Rebecca Albers, was born in Warsaw, 111., 
February 28, 1863, and was educated at the Central Wesleyan College, at Warrenton, 
Mo. He studied law at the Boston University Law School, and was admitted to the 
Suffolk bar in 1885. He is or has been a professor at the Boston University Law 
School. He married, at Fredonia, N. Y., June 26, 1889, Minnie B. Martin, and 
resides at Winchester. 

Clift Rogers Clapp, son of Howard and Frances A. (Rogers) Clapp, was born in 
Boston, February 10, 1861, and graduated at Harvard in 1884. He studied law at 
the Harvard Law School and in Boston in the offices of George S. Hale and Ropes, 
Gray & Loring, and was admitted to the Suffolk bar in 1887. He resides in the Rox- 
bury District of Boston. 

Samuel M. Child, son of Nahum A. and Ellen (Sargent) Child, was born in Tem- 
ple, N. H., September 10, 1802, and studied law at the Harvard Law School, and was 
admitted to the Suffolk bar in July, 1890. He was a member of the Constitutional 
Convention of New Hampshire in 1889. He is corresponding secretary of the Young 
Men's Democratic Club of Massachusetts, and lives in Boston. 

James R. Dockray, son of James R. and Mary A. Dockray, was born in Portland, 
Me., February 11, 1834, and studied law in Worcester with Henry Chapin, and was 
admitted to the bar in Worcester. He removed his business to Boston, where he 
now lives, and married Elizabeth S. Hardon at Cambridge in 1877. 

Charles Sidney Ensign, son of Sidney Ariel and Julia Maria (Hull) (Brockway) En- 
sign, was born in Hartford, Conn., July 26, 1842. He studied law with Thomas C. 
and Charles E. Perkins, of Hartford, and graduated at the Harvard Law School in 
1863. He was admitted to the bar in Cambridge, and settled in Hartford, where he 
was admitted July 19, 1864, and became a councilman in 1865. He afterwards prac- 
ticed for a time in New York and Brooklyn, having been admitted to the bar in New 
York April 9, 1868, and in 1886 removed his business to Boston, taking up his resi- 
dence in Watertown, from which place he was a representative in 1891. He married, 
December, 1868, Angie Faxon, daughter of Hiram and Hepseybeth (Adams) (Faxon) 
Barker, of Brighton. He was representative from Watertown in 1891, and has been 
trustee of the Free Public Library in that town, and chairman of the School Com- 
mittee. 

George A. O. Ernst, son of Andrew H. and Sarah Otis Ernst, was born in Cincin- 
nati, O., November 8, 1850, and graduated at Harvard in 1871. He studied law at 
the Harvard Law School and in Boston in the offices of Ropes & Gray and J. B. Rich- 
ardson, and was admitted to the Suffolk bar in February, 1875. He was a represent- 
ative in 1883-84. He married in Brooklyn, N. Y., December 9, 1879, Jeanie C. 
Bynner. He is a frequent contributor to the law journals. Residence, Boston. 

George W. Estabrook, son of Joseph E. and Mary A. (Porter) Estabrook, was born 
in Montgomery, Ala., March 31, 1840, and graduated at Dartmouth in 1861. He 
studied law with Ira Perley at Concord, N. H., at the Harvard Law School and in 
Boston with James Schouler, and was admitted to the Suffolk bar in 1865. He mar- 
ried Laura S. Perkins at Fitzwilliam, N. H., in July, 1876, and resides in Boston. 

George Eistis, son of Jacob and Elizabeth (Gray) Eustis, was born in Boston, Oc- 
tober 20, 1796, and graduated at Harvard m 1815. He was secretary of his uncle, 
37 



290 HISTORY OF THE BENCH AND BAR. 

William Ettstis, while minister to the Hague, where he began his law studies. He 
was admitted to the bar in 1822 and settled in New Orleans, becoming representa- 
tive, secretary of state, attorney-general, and judge and chief justice of the Supreme 
Court of Louisiana. The writer is doubtful where he was admitted to the bar. He 
married in 1825 Clarissa Allair, of Louisiana. He received the degree of LL.D. from 
Harvard in 1849, and died in New Orleans, December 23, 1858. 

Benjamin Guild graduated at Harvard in 1804, and was admitted to the Suffolk bar 
in 1807. He died in Boston, March 30, 1858, at the age of seventy-three. 

William Henry Rowe, son of Samuel and Lydia Ann (Fletcher) Rowe, was born in 
Boston, October 6, 1830, and graduated at Harvard in 1853. He studied law and 
settled in Davenport, la., but the writer is not certain where he was first admitted to 
the bar. He was admitted in Davenport in March, 1856, and became a successful 
lawyer. He died in Boston, July 22, 1858. 

Mathew Hale Carpenter was born in Moretown, Vt., December 22, 1824, and en- 
tered West Point in 1843, where he remained two years, and then returned to Ver- 
mont to study law with Paul Dillingham. In November, 1847, he was admitted to 
the Vermont bar, but at once went to Boston and continued his legal. studies in the 
office of Rufus Choate. The writer is not informed whether he was ever admitted to 
the Suffolk bar. In 1848 he settled in Beloit, Wis., and about 1857 removed to -Mil- 
waukee. He was during the war judge advocate-general of Wisconsin. In 1869 he 
was chosen United States senator and served one term of six years. In 1879 he was 
again chosen to the Senate and served until his death, which took place in Washing- 
ton, February 24, 1881. He was at the age of fifty-six cut off in the very height of a 
splendid career. It is unnecessary to rehearse here his many triumphs both at the 
bar and in the Senate. It is sufficient to say that after the death of Webster he was 
called by many the best constitutional lawyer in the United States. He married a 
daughter of Paul Dillingham, of Vermont, his instructor in law. 

John Henry Clifford was born in Providence, R. I., January 16, 1809, and grad- 
uated at Brown in 1827. He studied law in Dedham with Theron Metcalf, and after 
his admission to the bar settled in New Bedford, and, as was the custom in that day, 
attended the courts of Bristol, Plymouth, Barnstable and Nantucket, and the courts 
of Dukes county, and soon won a leading place among the lawyers of Southeastern 
Massachusetts. In 1835 he was a representative, and in 1849 was appointed to the 
office of attorney-general, which had been abolished in 1843 and revived in that year. 
In 1852 he was chosen governor and served one year, and Rufus Choate accepted the ap- 
pointment of attorney-general. In 1854 he was again appointed attorney-general and 
served until 1858, when the office became elective and Stephen Henry Phillii^s was 
chosen. In 1859 he was appointed in the place of Ellis Ames counsel for the Com- 
monwealth to act with Mr. Phillips, the attorney-general, in the proceedings in 
equity, which had been begun in the matter of the Rhode Island boundarv. The 
counsel for Rhode Island were Charles S. Bradley and Thomas A. Jenks, and in 1861 
the vexed boundary question, which had been a disputed one for nearly two hundred 
years, was finally and satisfactorily settled. In 1862 Mr. Clifford was president of 
the Senate, and for several years he was president of the Overseers of Harvard Col- 
lege. He received the degree of LL.D. from Brown University in 1849, and from 
Amherst and Harvard in 1853. In 1850, while attorney-general, he conducted the 



BIOGRAPHICAL REGISTER. 29 1 

trial of Prof. John W. Webster for the murder of Dr. George Parkman, assisted by 
George Bemis. In 1867 he succeeded Charles Henry Warren as president of the 
Boston and Providence Railroad Company, and retired from professional labors. He 
married a daughter of William H. Allen, of New Bedford, and died in that city Jan- 
uary 2, 1876. 

Elisha Cooke, sr., aphysician, was born in Boston September 16, 1637, and died May 
31, 171 5. He graduated at Harvard in 1657, and was an assistant from 1684 to 1686. 

Caleb Cushing, son of Capt. John N. and Lydia (Dow) Cushing, was born in Salis- 
bury, Mass., January 17, 1790, and when two years of age his parents removed to 
Newburyport. He was educated while young chiefly by Michael Walsh, a noted 
teacher of that day, and graduated at Harvard in 1817. Though probably the 
youngest member of his class, he was selected to make the address to President Mon- 
roe when he visited Cambridge during his senior year. After graduating he re- 
mained in the college two years as tutor in mathematics and natural philosophy, and 
then entered the office of Ebenezer Moseley, of Newburyport, to prepare himself for 
the bar. He was also one of the earliest students at the Harvard Law School, that 
institution having graduated its first class in 1820. He was admitted to the Essex 
bar in 1822 and established himself in his adopted town. He married in 1823 Caro- 
line, daughter of Samuel Sumner Wilde, afterwards an associate justice of the Su- 
preme Judicial Court, who removed from Hallowell, Me., to Newburyport in 1820, and 
remained there until 1831. After his marriage he spent two years in Europe and in 
1825 was a representative from Newburyport to the General Court, and again in 1833 
and 1N34, and again in 184."), 1850 and 1859. In 1834 he was chosen member of Con- 
gress from Essex North District, and it is stated that Mr. Webster said " that he had 
not been six weeks in Congress before he was acknowledged to be the highest author- 
it)- on what had been the legislation of Congress on any given subject." When the 
War with Mexico was delared, in opposition to the popular sentiment of his State, he 
assisted in raising a regiment of volunteers, which he led as colonel until appointed 
brigadier-general. In 1843 he was appointed by President Tyler minister to China, 
returning in a little over a year with a treaty which was readily ratified by the Senate. 
In 1852 he was appointed associate justice of the Supreme Judicial Court of Massachu- 
setts, leaving the bench in 1853 to assume the position of attorney-general in the 
cabinet of President Pierce. During the War of the Rebellion he spent much time in 
Washington, where his services by advice and council were considered indispensable 
in the various departments of the government. He was appointed by President Lin- 
coln a commissioner to adjust claims pending with Mexico, and by President Grant 
minister to Spam, and of counsel for the United States at Geneva. As he advanced 
in age instead of abandoning work he seemed rather to realize that the fewer the 
years left to him the more diligent and industrious he must be. A passion for learn- 
ing actuated him to the last, and in philology and other branches of learning he 
seemed to be zealously fitting himself for their use in some other sphere of existence. 
He died at Newburyport, January 2, 1879. 

Charles Augustus Dewey, son of Daniel, was born in Williamstown, Mass., March 
13, 1793, and graduated at Williams College in 1811. He studied law with Theodore 
Sedgwick and settled in Williamstown, where he remained until 1826, when he re- 
moved to Northampton. He was district attorney from 1830 to 1837, when he was 



292 HlSlORY OF THE BENCH AND BAR. 

appointed associate justice of the Supreme Judicial Court. He remained on the bench 
until his death, which occurred at Northampton, August 22, 1860. 

Thomas Hastings Russell, son of Charles and Persis (Hastings) Russell, was born 
in Princeton, Mass., October 12, 1820, and graduated at Harvard in 1843. He studied 
law at the Harvard Law School and in Boston in the office of his brother, Charles 
Theodore Russell, and was admitted to the Suffolk bar in July, 1845. He was a rep- 
resentative in 1853-54- : 57-59. He has always been associated with his brother in a 
large and general practice. He married Maria Louisa Wiswell in Boston, October 
12, 1847, and lives in Boston. 

Thomas Russell, son of William Goodwin and Mary Ellen (Hedge) Russell, was 
born in Boston, June 17, 1858, and fitted at the Boston Latin School for Harvard, 
where he graduated in 18711. He studied law at the Harvard Law School and in the 
office of his father in Boston, and was one year secretary of Justice Horace Gray of 
the Supreme Court at Washington. He was admitted to the bar in 1883, and in 
1892 w r as chosen representative to the General Court. Residence, Boston. 

James Button Russell, whose original name was James Russell Dutton, was the 
son of Warren and Elizabeth Cabot (Lowell) Dutton, and born in Boston, January 
7, 1810. His named was changed by a special act passed February 21, 1820. He 
graduated at Harvard in 1829, and studied law at the Harvard Law School and in 
Boston in the office of Franklin Dexter. He was admitted to the Suffolk bar in 
October, 1832. In 1833 he went to Europe and gave up practice. He died in 
Brighton, June 10, 1861. 

John Codman Ropes, son of William and Mary Anne (Codman) Ropes, was born in 
St. Petersburg, Russia, April 28, 1836. He was fitted for college at the Chauncy Hall 
School, and with Professor William Watson Goodwin and graduated at Harvard in 
1857. He graduated at the Harvard Law School in 1861, and finishing his law studies in 
the office of Peleg Whitman Chandler and George O. Shattuck, was admitted to the 
Suffolk bar November 28, 1861. He was an overseer of Harvard College from 1867 
to 1876. He has devoted much time to the study of military campaigns in both 
America and Europe, and is doubtless better informed on these subjects than at least 
any other American. He is the author of " The Army under Pope " in the Scribner 
series of Campaigns of the Civil War, " The First Napoleon," published by Houghton, 
Mifflin & Company, and numerous other papers in military campaigns. Residence, 
Boston. 

Charles Theodore Russell, son of Charles and Persis (Hastings) Russell, was born 
in Princeton, Mass., November 20, 1815. He is descended from William Russell, of 
Cambridge, in 1645. He received his early education at Princeton Academy under 
Warren Goddard, and graduated at Harvard in 1837. He studied law at the Har- 
vard Law School and in Boston in the office of Henry H. Fuller, and was admitted to 
the Suffolk bar in July, 1839. After his admission he was associated two years with 
Mr. Fuller and then practiced alone until his brother Thomas was admitted to the 
bar in 1845. He lived in Boston until 1855, when he removed to Cambridge. While 
a resident in Boston he was a representative in 1844^5-50 and a senator in 1851 and 
1 852. He was also the Boston Fourth of July orator in 1852. During his residence 
in Cambridge he has been mayor in 1861-62 and senator in 1877-78. He has been 
professor in the Boston L T niversity Law School, is, or has been, a member of the 



"" ■ ■■■ ::;'^sss 







C-^^C-t^- 



BIOGRAPHICAL REGISTER. 293 

Board of Visitors of the Andover Theological School, and a corporate member of the 
American Board for Foreign Missions. He is the author of a History of Princeton, 
and in 1*59 delivered the centennial address in that town, and in 1886 presided over 
the centennial celebration of the First Church in Cambridge. He married, June 1, 
1840, Sarah Elizabeth, daughter of Joseph Ballister, of Boston. 

Charles Theodore Russell, jr., son of Charles Theodore and Sarah Elizabeth 
(Ballister) Russell, was born in Boston, April 20, 1851, and graduated at Harvard in 
1ST:!. He studied law at the Boston University Law School and in the office of his 
father, and was admitted to the Suffolk bar May 15, 1875. He has been a member of 
the State Civil Service Commission since 1884, and is the editor of Massachusetts 
Election Cases. His specialty is admiralty practice. Residence, Cambridge. 

Arthur Hastings Rlssell, son of Thomas Hastings and Maria Louisa (Wiswell) 
Russell, was born in Boston, December 1, 1859, and graduated at Amherst in 1SS1 . 
He studied law at the Boston University Law .School and in Boston in the office of 
his father, and was admitted to the Suffolk bar in January, 1884. He married Fan- 
nie E. Hunt at Boston, February IT, 1885, and lives in Winchester. 

Rufus Dawes, son of Judge Thomas Dawes, was born in Boston, January 26, 1803, 
and entered Harvard in 1820, but did not graduate. He studied law with William 
Sullivan and was admitted to the Suffolk bar October 3, 1826, but never practiced. 
He was a poet of considerable merit and published in 1830 " The Valley of the Nash- 
away, and Other Poems," in 1839 "Geraldine, Athenia of Damascus, and Miscel- 
laneous Poems," and a romance entitled "Nix's Mate." In the latter part of his 
life he held a position in one of the departments in Washington, and died in Wash- 
ington November 30, 1859. 

Samuel Fales Dunlap, son of Andrew, was born in Boston in 1825 and graduated 
at Harvard in 1845. It is thought by the writer that he was admitted to the Suffolk 
bar and afterwards removed to New York. He was the author of "The Origin of 
Ancient Names" and "Vestiges of the Spirit History of Man," and edited with 
notes his father's " Dunlap's Admiralty Practice." He was living in 1890. 

Jeremiah Evarts was born in Sunderland, Vt. , February 3, 1781, and graduated at 
Yale in 1802 and was admitted to the bar in 1806, probably in New Haven, where he 
practiced law about four years. He soon afterwards removed to Boston, but whether 
he practiced law T there or not the writer is uncertain. He edited the " Panoplist," a 
religious monthly magazine, in Boston, from 1810 to 1820, and was at various times 
the treasurer and secretary of the American Board of Commissioners for Foreign 
Missions. He died in Charleston, S. C, May 10, 1831. 

William Maxwell Evarts, son of Jeremiah, was born in Boston, February 6, 1818, 
and graduated at Yale in 1837. He studied law partly at the Harvard Law School, 
where he was a student in 1841. The writer, at that time a junior at Harvard, was 
drawn on a jury to serve in a moot court case in the law school in which Mr. Evarts 
was the senior counsel on one side, and William Davis, of Plymouth, on the other, 
and he remembers well the eloquence displayed by both of these gentlemen on that 
occasion. The style of Mr. Evarts, with which he began his career, was concise, 
fluent and eloquent, and in these respects wholly different from that which in later 
years has marked his efforts. He was admitted to the bar at Cambridge in Septem- 



294 HISTORY OF THE BENCH AND BAR. 

ber, 1841, but it is doubtful if he ever began practice in Suffolk. He soon after en- 
tered the law office of Daniel Lord in New York, and after a period of further study 
was admitted to the New York bar. From 1849 to 1853 he was assistant district 
attorney in New York. His career is too well known to narrate here. Having re- 
tired from the United States Senate in March, 1891, where he served one term of six 
years, he is in active practice at the head of a firm of which Joseph H. Choate is a 
member. 

Joseph Hodges Choate, son of Dr. George and Margaret (Hodges) Choate, was 
born in Salem, Mass., January 24, 1832, and graduated at Harvard in 1852. He 
graduated at the Harvard Law School in 1854 and was admitted to the Suffolk bar in 
September, 1855. In 1856 he removed to New York, where he has won a high repu- 
tation, not only as a lawyer but as an orator on occasions of public interest. He 
has been president of the Union League Club. He is associated in business with 
William Maxwell Evarts. 

Chaki.es Francis Choate, son of Dr. George and Margaret (Hodges) Choate, was 
born in Salem, May 16, 1828, and graduated at Harvard in 1849. He is descended 
from John Choate, who was in Ipswich in 1640. His father died in Cambridge June 
4, 1880. After leaving college he was tutor in mathematics for a time and graduated 
at the Harvard Law School in 1853. He was admitted to the Suffolk bar April 13, 
1855, and soon devoted himself to railroad law. He was counsel for the Boston and 
Maine Railroad for a time, and in 1865 became counsel of the Old Colony Railroad, 
of which in 1872 he became a director, and in 1877 he was chosen president, a posi- 
tion he still holds. He was also chosen in 1877 president of the Old Colony Steam- 
boat Company. He married, November 7, 1855, Elizabeth W. Carlile, of Providence, 
R. I. 

Charles Francis Choate, jr., son of the above, was born in Cambridge, Mass., 
October 23, 1866, and graduated at Harvard in 1888. He studied law at the Harvard 
Law School, and in Boston in the office of Josiah H. Benton, jr., and was admitted 
to the Suffolk bar in June, 1890. Residence, Boston. 

Francis Brown Hayes, son of William Allen Hayes, of South Berwick, Me., was 
a descendant from John Hayes, who settled in Dover, N. H., in 1640. William 
Allen, the father, graduated at Dartmouth in 1805 and married a daughter of John 
Lord, and was judge of probate. Francis Brown, the son, graduated at Harvard in 
1839, after having attended the Berwick and Exeter Academies. He studied law at 
the Harvard Law School, and with his father, and in Boston in the office of Charles 
Greeley Loring, and was admitted to the Suffolk bar July 5, 1842. He devoted him- 
self to railroad law, and in 1850 was made chairman of a committee to investigate 
the management and affairs of the Old Colony Railroad. He was many years a di- 
rector of the Old Colony road, president four years of the Atlantic and Pacific Rail- 
road Company, and counsel for various other roads. He was a representative in 
1873 and senator in 1874, and died in 1884. He married in 1860 Margaret M. Wilson, 
of Baltimore, daughter of Gen. Wm. H. Marriott. 

Thomas Gold Appleton, son of Nathan, was born in Boston, March 31, 1812, and 
graduated at Harvard in 1831. He studied law at the Harvard Law School, and in 
Boston in the office of Franklin Dexter, and was admitted to the Suffolk bar in Oc- 



BIOGRAPHICAL REGISTER. 295 

tober, 1838. He never practiced but devoted himself to literature and art, being not 
only a liberal patron of authors and artists, but an author and artist himself. He 
died in New York April 17, 1884. 

George Anson Bruce is the son of Nathaniel and Lucy (Butterfield) Bruce, and is 
descended from George Bruce, who settled in Woburn in 1659. He was born in Mt. 
Vernon, N. H., November 19, 1839, and his father, who was a prominent man in the 
community in which he lived, having been town clerk, selectman, representative, 
and county treasurer, afforded him all available facilities for procuring a good edu- 
cation. He fitted for college at the McCollom Institute in Mt. Vernon, and gradu- 
ated at Dartmouth in 1861. Soon after his graduation he entered the law office of 
Daniel S. & George F. Richardson in Lowell, where he remained until August, 1862, 
when he entered the service of his country as first lieutenant in the Thirteenth New 
Hampshire Regiment. In January, 1863, he was made assistant adjutant-general 
of the Third Brigade, Third Division, Ninth Army Corps, and later assistant adju- 
tant general and judge advocate of the First Division, Twenty-fourth Corps, under 
General Devens. His various promotions were to captain, 1864; major, 1864; lieu- 
tenant-colonel, 1865, and he was mustered out July 3, 1865, bearing an excellent 
record and the scars of honorable wounds. After his discharge he resumed the study 
of law in Lowell and was admitted to the Middlesex bar in April, 1866. In January, 
1867, he began business in Boston and met with unusual success at a bar already 
seemingly crowded disproportionately to its available business. In 1874 he removed 
his residence to Somerville and there secured at once the confidence of the people. 
In 1875 he was chosen alderman, and appointed associate justice of the Police Court; 
in 1878-79-80 he was chosen mayor, and in 1882-83-84 he was a member of the Sen- 
ate, being its president the last year of his service. Since his retirement from the 
Senate his general practice has been largely supplemented by the management of 
cases before committees of the Legislature, to which has been accorded unusual suc- 
cess. He married in Groton, January 26, 1870, Clara M., daughter of Joseph F. and 
Sarah (Longley) Hall, and resides in Somerville. 

Charles Mansfield Bruce, son of Charles E. and Eliza A. Bruce, was born in 
Ashtabula, O., November 28, 1863, and was educated at the Roxbury Latin School. 
He studied law at the Boston University Law School and in the office of Henry W. 
Bragg, and was admitted to the Suffolk county bar August 2, 1887. He has been an 
extensive newspaper correspondent and resides in Maiden. 

Thomas Tolman was born in Stoughton, Mass., February 20,^1791, and gradiiated 
at Brown University in 1811. He was settled in Canton, Mass., until 1837, when he 
moved to Boston. He was representative in 1828, and 1836 a member of the Execu- 
tive Council, and died in Boston January 20, 1869. 

Owen A. Galvin, son of Patrick and Mary (Hughes) Galvin, was born in Boston 
June 21, 1852, and studied law at the Boston University Law School and in the office 
of Charles Francis Donnelly. He was admitted to the bar of Suffolk county Febru- 
ary 29, 1876, and in 1881 was a member of the Massachusetts House of Representa- 
tives. In 1882-83-84 he was chosen to the Senate, and was the Democratic candidate 
for president of that body. In July, 1886, he was appointed assistant United States 
district attorney for Massachusetts, under George M. Stearns, and in September, 
1887, on the resignation of Mr. Stearns, was appointed to succeed him. He has been 



296 HISTORY OF THE BENCH AND BAR. 

once the Democratic candidate for mayor of Boston, and is prominently mentioned 
as the successor of Mayor Mathews, when he shall retire from the mayoralty. He 
married in Boston, July 3, 1879, Jennie T., daughter of Timothy K. and Ellen (O'Dris- 
coll) Sullivan. 

|"ohn II. McDonough, son of Michael and Margaret (Hanlon) McDonough, was 
born in Portland, Me., March 29, 1857, and was educated in the public schools. He 
began at an early age to learn the tailoring trade, but in 1872 began to learn the trade 
of watchmaking, which he followed fourteen years in Portland, Auburndale and 
Roxburv. In 1887 he began the study of law in the office of Charles J. Noyes, and 
was admitted to the Suffolk bar February 2, 1892. He was a representative from 
Boston in 1886-9, and won an enviable record, both as a member of important com- 
mittees and as a debater in the House. He died March 17, 1893. 

Samuel Baker Wolcott was born in Bolton, Mass., March 7, 1795, and graduated 
at Harvard in 1819. His original name, Jesse, was changed to Samuel Baker in 
1821". After graduating he was a tutor in Greek at Harvard. He studied law with 
Daniel Webster, and was admitted to the Suffolk bar in October, 1824. He began 
practice in Boston, but removed to Salem and finally to Hopkinton. He was repre- 
sentative and senator. He died in Boston, at the Massachusetts General Hospital, 
December 4, 1854. 

Erastus Worthington, jr., son of Erastus and Sally (Ellis) Worthington, was born 
in Dedham, November 25, 1828, and graduated at Brown University in 1850. He 
studied law in Milwaukee in the office of his brother, Ellis Worthington, and at the 
Harvard Law School, and in Dedham in the office of Ezra Wilkinson, receiving the 
degree of LL,B. at the Harvard Law School in 1853. He was admitted to the bar in 
Dedham in February, 1854, and began practice in Boston, forming a partnership 
after a short time with David A. Simmons, of Roxbury. In 1856 he was chosen 
register of insolvency of Norfolk county, and remained in office until the Probate 
and Insolvency Courts were consolidated in 1857. He then practiced law in Ded- 
ham, holding the office of trial justice eight years, until in 1866 he was chosen clerk 
of the courts. He married, November 25, 1861, Elizabeth Foster, daughter of Robert 
Briggs, of Boston. 

Moses Williams, son of Moses Blake and Mary Jane (Penniman) Williams, was 
born in Roxbury, Mass., December 4, 1846, and graduated at Harvard in 1868. He 
studied law in Boston with Sohier & Welch, George White and William A. Richard- 
son, and was admitted to the bar in Middlesex county December 22, 1868. He prac- 
ticed in Boston until made president of the Third National Bank in that city, a posi- 
tion he still holds, having filled at various times the office of selectman of Brookline 
and of representative to the General Court. He married Martha C. Fininley at 
Brookline, September 10, 1868. Residence, Brookline. 

Chaki.es W. Whitcomb, son of Benjamin D. and Mary (Mclntire) Whitcomb, was 
born in Boston, July 31, 1855, and graduated at Dartmouth in 1876. He also at- 
tended lectures after graduation at the University of Gottingen, remaining abroad 
until 1878. He studied law in Boston in the office of Josiah H. Benton and in the 
Boston University Law School, and was admitted to the Suffolk bar in February, 
1880. He has since that time practiced in Boston, serving as common councilman 



BIOGRAPHICAL REGISTER. 297 

in 1883-84, and as fire marshal of Boston, under an appointment from Governor 
Robinson in 1886. He married Marie M., daughter of James and Dora (Rowell) 
Woodsum, June 26, 1884, and resides in Boston. 

William Fisher Wharton, son of William Craig and. Nancy Willing (Spring) 
Wharton, was born at Jamaica Plain, Mass., June 28, 1847, and fitting for college at 
the school of Epes Sargent Dixwell, graduated at Harvard in 1870. He studied law 
for a year in the office of John Codman Ropes and John C. Gray, and after gradu- 
ating at the Harvard Law School in 1873, was admitted to the Suffolk bar September 
22, 1873. He spent two years in Europe and began practice in Boston in 1875. 
From 1880 to 1884 he was a member of the Common Council, a representative in 
1885, and in 1888 was appointed assistant secretary of state of the United States, a 
position which he still holds with credit to himself and the country. He married 
Fanny, daughter of William Dudley and Caroline (Silsbee) Pickman, in Boston, Oc- 
tober 31, 1877, and resides in Washington. 

Andrew J. Waterman, son of William and Sarah (Bucklin) Waterman, was born 
in North Adams, Mass., June 23, 1825, and was educated at the public schools and 
various institutions of learning. He studied law in the offices of Keyes Danforth and 
Daniel N. Dewey in Williamstown, and was admitted to the bar of Berkshire county 
March 18, 1854. Associating himself with Mr. Danforth in Williamstown, he was ap- 
pointed in 1855 register of probate, and in 1858, after the Courts of Probate and In- 
solvency were consolidated, he was chosen register of probate and insolvency, which 
office he resigned in 1881. In 1880 he was appointed district attorney for the Western 
District to fill a vacancy, and chosen for the three succeeding terms, resigning in 
1887, when nominated by the Republican party for attorney-general, to which office 
he was chosen in 1887-88-89. He married Ellen Douglas, daughter of Henry H. and 
Nancy (Comstock) Cooke, at East Boston, January 7, 1858, and resides in Pittsfield. 

Thomas Leverett Nelson, son of John and Lois Burnham (Leverett) Nelson, was 
born in Haverhill, N. H., March 4, 1827, and graduated at the University of Vermont 
in 1846, receiving from that institution the degree of LL.D. in 1879. He studied law 
in Worcester, where he was admitted to the bar in 1855. He was a representative 
in 1869, and m 1879 was appointed judge of the United States District Court for 
Massachusetts, which position he still holds. He married first Anna H., daughter of 
Caleb and Mary Moore (Hastings) Havward, in Mendon, October 29, 1857, and sec- 
ond, Laura A., daughter of Samuel E. and Hannah A. (Matterson) Slocum, of Mill- 
bury, March 23, 1865. As a judge, holding his court in Suffolk county, he deserves 
a place in this register. 

William Henry Niles, son of Samuel W. and Eunice C. (Newell) Niles, was born 
in Orford, N. H., December 22, 1840, and was educated at the public schools and at 
the Providence Conference Seminary of East Greenwich, R. I. He studied law 
with Caleb Blodgett in Boston, and was admitted to the bar at Lowell in 1870. 
In that year his name appears on the roll of lawyers in Boston, but he removed to 
Lynn, and has since practiced successfully in that city. He married Harriet A. Day, 
in Bristol, N. H., September 12, 1865, and lives in Lynn. 

William N. Osgood, son of George Newton and Minerva (Hayward) Osgood, was 
born in Lowell, June 11, 1855, and graduated at Amherst in 1878. He studied law 

38 



298 HISTORY OF THE BENCH AND BAR. 

at the Boston University Law School, and was admitted to the bar in Middlesex 
county in March, 1880. He practiced in Lowell until 1885, when he transferred his 
business to Boston. He married Harriet Leslie, daughter of Henry C. and Augusta 
(Jaques) Palmer, in Tewksbury, January 1, 1884. 

Henry Park max, son of Samuel and Mary Eliot (Dwight) Pai'kman, was born in 
Boston, May 23, 1850. His father, a physician in Boston of great promise, died at 
what appeared to be the beginning of a brilliant career. The son was fitted for col- 
lege at private schools, and graduated at Harvard in 1870. He graduated at the 
Harvard Law School in 1873, and further pursuing his studies in Boston in the office 
of Russell & Putnam, was admitted to the Suffolk bar in June, 1874. He was a 
common councilman from 1879 to 1884, a representative from 1886 to 1888, and a sen- 
ator in 1892 and 1893. He married Mary Frances Parker at Perth Amboy, N. J., 
August 23, 1890, and lives in Boston. 

Edward Lillie Pierce, son of Jesse and Eliza S. (Lillie) Pierce, was born in 
Stoughton, Mass., May 29, 1829, and graduated at Brown University in 1850. He 
graduated at the Harvard Law School in 1852, and was admitted to the bar at Ded- 
ham in 1853. He afterwards spent a year or less in the office of Salmon P. Chase at 
Cincinnati, O. He continued to practice until the war began, when he enlisted 
in Company I, Third Regiment of Massachusetts Volunteers, for three months' ser- 
vice, after which he was employed by the government in a service of inquiry into the 
condition of the negroes at Sea Islands, to which intelligence and skill were essential, 
and his report was an able and exhaustive one. In 1863 he was appointed collector 
of internal revenue for the Third Massachusetts District, and in 1866 he was ap- 
pointed district atorney of the Norfolk and Plymouth District, holding the office 
afterwards by election until 1869. In 1869 he was appointed secretary of the Board 
of State Charities, and served until his resignation in 1874. He was a representative 
from Milton in 1875 and 1876, and in 1878 was appointed to, but declined, the office 
of assistant treasurer of the United States. Aside from his professional pursuits, he 
has engaged in literary labors, among which are "American Railroad Law," pub- 
lished in 1857, "The Law of Railroads," 1881, and a memoir of Charles Sumner. 
He married Elizabeth H., daughter of John Kingsbury, of Providence, R. I., April 
19, 1865, and for a second wife, Laura, daughter of Edward B. Woodhead, of Hud- 
dersfield, England. Residence, Milton. 

Charles Greenwood Pope, son of Rufus Spurr and Sarah (Brown) Pope, was born 
in Hardwick, Mass., November 18, 1840, and graduated at Tufts College in 1861. 
After teaching several years in Hyannis, Somerville and Charlestown, he studied law 
in the offices of Sweetser & Gardner in Boston, and John W. Hammond in Cam- 
bridge, and was admitted to the bar in December, 1874. He was associated with 
John W. Hammond in business in Cambridge, until that gentleman was appointed 
judge of the Superior Court in 1886. In 1878 Mr. Pope was appointed a special 
justice of the police court in Somerville, where he had taken up his residence and 
became a member and president of the Common Council. In 1876-7 he was a rep- 
resentative, and has served one or more terms as mayor since 1888. He married 
Josephine H., daughter of Erastus E. and Harriet N. Cole in Somerville, December 
27, 1866. Residence, Somerville. 



Biographical register. 



299 



John Phelps Putnam was born in Hartford, Conn., March 21, 1817, and graduated 
at Yale in 1837, and at the Harvard Law School in 1839. He was admitted to the 
Suffolk bar October 12, 1840, and practiced in Boston. He was a representative in 
1851-2, and in 1859 was appointed judge of the Superior Court. He published in 
1852 fifteen volumes of the "Annual Digest" of the decisions of the United States 
Courts. He served on the bench until his death in 1882. 

Robert Samuel Rantoul, son of Robert and Jane Elizabeth (Woodbury) Rantoul, 
was born in Beverly, Mass., June 2, 1832, and graduated at Harvard in 1853, and at 
the Harvard Law School in 1856. He was a representative from Beverly in 1858, 
and from Salem in 1884-5, and collector of the port of Salem under President Lin- 
coln. He married Harriet C. , daughter of David A. and Harriet C. (Price) Neal, of 
Salem, May 13, 1858, and has his residence in Salem. He is an officer of the Essex 
Institute, and has contributed extensively to historical literature. 

Charles Robinson, son of Charles and Mary (Davis) Robinson, was born in Lex- 
ington, Mass., November 6, 1829, and was educated at the public schools and the 
Lawrence and Lexington Academies. He studied law with Dana & Cobb in 
Charlestown, and was admitted to the bar in Middlesex county in June, 1852. He 
practiced in Charlestown until 1868, and since that time has occupied a prominent 
place in the roll of Boston lawyers. He was mayor of Charlestown in 1865 and 1866, 
and in 1874 and 1875 was city solicitor of Somerville though not residing in that city. 
In 1874 he was a representative, and also in 1880. He married Rebecca T., daughter 
of Philander and Rebecca (Gibbs) Ames in Charlestown, July 4, 1858. He is a 
brother of Governor George D. Robinson. 

William Eustis Russell, son of Charles Theodore and Sarah (Ballister) Russell, 
was born in Cambridge, Mass., January 7, 1857, and received his early education at 
the primary, grammar and high school grades of the public schools of that city. 
He graduated at Harvard in 1877, and at the Boston University Law School in 1879, 
and was admitted to the Suffolk bar in May, 1880. He became at once a member of 
the firm of C. T. & T. H. Russell, of Boston, and has so continued until the present 
time. He was first introduced into public life by an election as member of the Com- 
mon Council of Cambridge in 1882, and since that time his career has been one of un- 
surpassed progress and success. In 1883 and 1884 he was a member of the Board of 
Aldermen, and in 1885-86-87-88 mayor of the city. In 1888 and 1889 he was the 
Democratic candidate for governor, and his defeat in those years was followed by his 
election in 1890, and his re-election in 1891 and 1892. The feat performed by him dur- 
ing the campaign of 1892, of making the tour of Cape Cod and making sixteen speeches 
at the various towns between Provincetown and Boston on the day before elec- 
tion, and adding to these six more speeches in Boston and its vicinity during the 
evening, will become a prominent feature in the political history of Massachusetts. 
He received the degree of LL.D. from Williams College 111 1891. He married Mar- 
garet Manning, daughter of Joshua A. and Sarah (Hodges) Swan at Cambridge, June 
3, 1885, and his residence is still in Cambridge. 

Alpheus Saneord, son of Joseph B. and Mary C. (Tripp) Sanford, was born in 
North Attleboro', Mass., July 5, 1856, and graduated at Bowdoin College in 1876. He 
studied law in Boston with Joseph Nickerson, and was admitted to the Suffolk bar in 
October, 1879. He has been a member of the Boston Common Council and of the 



3oo HISTORY OF THE BENCH AND BAR. 

House of Representatives. He married Mary C. V., daughter of William H. and 
Charlotte E. (Read) Gardiner in Acushnet, September 20, 1883. 

Chester F. Sanger, son of Warren and Lucy J. (Allen) Sanger, was born in Somer. 
ville, Mass., December 22, 1858, and graduated at Harvard in 1880. He studied 
law in Boston with Morse & Allen, and was admitted to the Suffolk bar in 1883. In 
1888 and 1889 he was a representative from Cambridge, and in 1889 was appointed 
justice of the Third Eastern Middlesex District Court. He married Gertrude F., 
daughter of Horace P. and Lydia L. (Flint) Blackmail in Cambridge, June 25, 1884, 
and died in October, 1891. 

Edward Olcott Shepard, son of Rev. John W. and Eliza (Burns) Shepard, was 
born in Hampton, N. H., November 25, 1835, and graduated at Amherst in 1860. 
After serving two years as principal of the High School in Concord, Mass., he was in 
1862 commissioned first lieutenant of Company G, Thirty-second Regiment of Massa- 
chusetts Volunteers, and served until 1865. During his service he was present at the 
battles of Fredericksburg, Chancellorsville, Antietam, Gettysburg, the Wilderness, 
and Petersburg, was wounded and taken prisoner, February 5, 1865, and confined in 
Libby Prison until released on parole, February 22, 1865. He was promoted to cap- 
tain, major and brevet lieutenant-colonel. After his discharge he studied law with 
Jewell, Gaston & Field, and was admitted to the Suffolk bar March 19, 1867. In 1871 
he became a partner with Messrs. Jewell, Gaston & Field, and since the death of Mr. 
Jewell and the appointment of Mr. Field to the Supreme Bench, he has had no part- 
ner. He was president of the Boston Common Council in 1873 and 1874, and general 
counsel of the Metropolitan Street Railway Company until it was merged in the West 
End Company. He was judge advocate general on the staff of Governor Ames, and 
continued on the staff of Governor Brackett. He married Mary C, daughter of 
Micajah and Mary (Johnson) Lunt, of Newburyport, June 18, 1874. 

Edgar [ay Sherman, son of David and Fanny (Kendall) Sherman, was born in 
Weathersfield, Vt. , November 28, 1834, and was educated at the public schools of 
Weathersfield, the Wesleyan Seminary in Springfied, Vt. , and under private instruc- 
tors in Lawrence, Mass., which had become the home of his parents. He was admit- 
ted to the bar in Essex county in 1858 and became associated with Daniel Saunders 
in Lawrence, and at various other times with John K. Tarbox and Charles U. Bell. 
He was appointed clerk of the Lawrence Police Court in 1859 and served until 1861. 
In 1862 he enlisted and became captain in the Forty-eighth Massachusetts Regiment 
and was brevetted major after the attack on Port Hudson, June 14, 1863. In 1865 
and 1866 he was representative, and in 1868 was chosen district attorney for the 
Eastern Massachusetts District. In 1882 he was chosen attorney-general and served 
until 1887, when he was appointed to the seat on the bench of the Superior Court 
which he still holds. He married Abbie Louise, daughter of Stephen P. and Fanny 
B. Simmons, of Lawrence, November 24, 1858. 

Charles Quincy Tirrell, son of Dr. Norton Q. and Susan J. Tirrell, was born in 
Sharon, Mass., December 10, 1844, and graduated at Dartmouth in 1866. After 
serving three years as principal of the Peacham Academy and of the St. Johnsbury 
High School, he studied law in Boston with Richard H. Dana, and was admitted to 
the Suffolk bar in August, 1870, and has since practiced in Boston. He was a repre- 
sentative from Weymouth in 1872, and in 1873 removed from Weymouth, where he 



BIOGRAPHICAL REGISTER. 3 oi 

had for a time resided, to Natick. In 1881 and 1882 he was a senator for the Fourth 
Middlesex District, and in 1888 was a presidential elector on the Republican ticket. 
He married Mary E., daughter of Elisha P. and Eliza A. Hnllis in Natick, February 
13, 1873, and now resides in Natick. 

George Clark Travis, son of George Clark and Rachel Parker (Currier) Travis, 
was born in Holliston, Mass., August 19, 1S47, and graduated at Harvard in 1869. 
From 1869 to 1872 he studied law in Medford with B. F. Hayes and Daniel A. Glea- 
son, at the same time teaching Latin and Greek in the Medford High School. He 
was admitted to the bar in Middlesex county in February, 1S72, and practiced in 
Holliston until 1874, when. he removed to South Framingham. In 1886 he removed 
to Newton, where he still resides, with an office in Boston. He has been since March, 
1891, first assistant attorney-general of Massachusetts and is a member of the School 
Board of Newton. He married Harriet March, daughter of Austin G. and Mary 
Charlotte (March) Fitch, in Holliston, April 5, 1871. 

Walter Lincoln Bouve, son of Thomas T. and Emily G. (Lincoln) Bouve, was 
born in Boston, October 28, 1849, and was educated at the public schools of Bo^tmi 
and at the Massachusetts Institute of Technology. He studied law at the Harvard 
Law School and was admitted to the Suffolk bar November 13, 1880, and to the 
United States Circuit Court January 14, 1883. In 1890 he was assistant district attor- 
ney in the Southeastern District, and since 1885 has been special justice of the Sec- 
ond Plymouth District Court. He married Charlotte B. Harden, September 26, 
1885, and lives in Hingham. 

Harvey Lincoln Boutwell, son of Eli A. and Harriet W. (Weeks) Boutwell, was 
born in Meredosia, 111., April .">, 1860, and was educated at the New Hampshire Col- 
lege of Agriculture and Mechanic Arts. He studied law in Concord, X. H., with 
John Y. Mugridge, and at the Boston University Law School, and in the office of 
W. H. Powers in Boston, and was admitted to the Suffolk bar in Tnlv, 1886. He 
married Nellie C. Booth at Natick, December 28, 1886, and lives in Maiden. 

John Pearse Treadwell, sou of Daniel Hearl and Ann Langdon Treadwell, was 
born in Portsmouth, N. H., February 26, 1839, and graduated at Harvard in is.">s. 
He studied law at the Harvard Law School and was admitted to the Suffolk bar 
June 3, 1860. He married Emily Marshall Harmon at New York, July 3, 1882, and 
lives in Newton. 

Winthrop H. Wade, son of Reuben S. and Almira Howland Wade, was born 
in Boston, February 20, 1860, and graduated at Harvard in 1881. He studied law at 
the Harvard Law School and in Boston in the office of Shattuck & Munroe, and was 
admitted to the Suffolk bar Januarv 23, 1884. Residence, Boston. 

Francis Wales Vaughan, son of Charles and Mary Susan (Abbot) Vaughan, was 
born in Hallowell, Me., June 5, 1833, and graduated at Harvard in 1853. He studied 
law at the Harvard Law School and in the offices of Yose & Norton in Springfield, 
and George M. Brown in Boston, and was admitted to the Suffolk bar December 13, 
1856. He has been librarian of the Social Law Library since 1870. Residence, 
Cambridge. 

Payson Eliot Tucker, son of Eliot Payson and Charlotte Whitman (Todd) Tucker, 
was born in Dorchester, Mass., May 16, 1834, and graduated at Harvard in 1854. He 



$61 HISTORY OF THE BENCH AND BAR. 

studied law in New York in the office of Bangs & Ketchum and at the Harvard Law 
School, and was admitted to the bar in New York city about 1856 and to the Suffolk 
bar April 15, 1859. He was many years associated in business with Benjamin Wins- 
low Harris, now judge of probate of Plymouth county, and was a member of the 
Massachusetts House of Representatives in 1878 and 1879. He married Adelaide 
Thorp Hermann, of St. Louis, Mo., June 12, 1889, and lives in Brookline. He was 
commissioned second lieutenant in the Sixteenth Massachusetts Regiment, August 1, 
1861, and resigned on account of disability, September 21, 1862. 

Peleg Emory Aldrich, born in New Salem, Mass., received his early education at 
the Shelburne Falls Academy, and after teaching school at the South he attended 
the Harvard Law School, and was admitted to the bar in Richmond, Va., in 1845. 
In 1846 he was admitted to the Worcester county bar, after further pursuing his 
studies in the office of Chapman, Ashmun & Norton in Springfield. He settled in 
Barre, Mass., where he remained seven years. In 1853 he was appointed district at- 
torney for the Middle District and served until 1866. He moved from Barre to Wor- 
cester in 1854 and became associated with P. C. Bacon. In 1862 he was chosen mayor 
of Worcester, and representative in 1865 and 1866. In 1873 he was appointed to the 
office he still holds of judge of the Superior Court. He married Sarah, daughter of 
Harding P. Wood, of Barre, in 1850, and lives in Worcester. 

Alpheus Brown Alger, son of Edwin A. and Amanda M. (Buswell) Alger, was born 
in Lowell, October 8, 1854, and his early education was received at the common 
schools and High School of Lowell. He is descended from Thomas Alger, who 
came from England about 1665 and settled in Taunton. The name of the ancestor 
was "Augur," or if "Alger," it was pronounced "Augur" in accordance with the 
custom of ancient times to pronounce the letter L in the middle of a word as if it were 
U. Mr. Alger graduated at Harvard in 1875, and pursued the study of law at the 
Harvard Law School and in Boston in the office of Josiah G. Abbott. He was ad- 
mitted to the Middlesex bar in June, 1877, and was at once associated in business 
with the firm of Brown & Alger, of which his father was a member, in Boston. In 
1SS4 he was chosen alderman of Cambridge, and in 1886 and 1887 he was a member 
of the State Senate. He has always taken an active part in politics, and was in 1886- 
87-88-89 the secretary of the Democratic State Committee. In 1890 he succeeded 
William Eustis Russell as mayor-elect of Cambridge, was re-chosen in 1891, and re- 
nominated in 1892, but defeated by William Amos Bancroft. 

Edwin Alden Ai.ger, son of David and Sarah W. (Morse) Alger, was born in Corn- 
ish, N. H., June 22, 1820, and after receiving a common school and academic educa- 
tion taught school in Canton, Mass. Leaving Canton he entered a shipping-house in 
Boston as clerk, and afterwards Burnhams' Antiquarian Bookstore in Cornhill, where 
his access to books gave him a taste which could only be gratified by securing a more 
thorough education. In 1841 he went to Lowell and entered the Dracut Academy, 
and in 1842 entered the law office of Alpheus R. Brown as a student. He was ad- 
mitted to the Middlesex bar in September, 1845, and became a partner with Mr. 
Brown. In 1864 the firm of Brown & Alger removed to Boston and has since con- 
tinued in business there. In 1858-62-63 Mr. Brown was an alderman in Lowell. He 
married Amanda M. Buswell, of Hartland, Vt. , September 15, 1843, and resides in 
Cambridge. 





£^J-^> 



1882. 



BIOGRAPHICAL REGISTER. 303 

Edwin Augustus Alger, son of the above, was born in Lowell, October 19, 1846, 
and was educated at Phillips Exeter Academy, lie graduated at the Harvard Law- 
School in 1869, and was admitted to the Suffolk bar in 1868. 

George Thorndike Angell, son of Rev. George and Rebekah Angell, was horn in 
Southbridge, Mass., June 5, 1823, and graduated at Dartmouth in 1846. He taught 
school in Boston, and studied law in the offices of Richard Fletcher and Charles G. 
Loring, and was admitted to the Suffolk bar December 15, 1851. He soon became 
associated in business with Samuel E. Sewall and afterwards with Samuel Jennison. 
In 1868 he founded the Massachusetts Society for the Prevention of Cruelty to Ani- 
mals, and has been largely devoted to its interests. In 1874 he became a member of 
the American Social Science Association, and in 1889 he founded " The American 
Humane Education Society." He has made it the prime purpose of his life to kindle 
a feeling of tenderness for our dumb animals in the hearts of our people, and his 
efforts have received their reward. He married Mrs. Eliza A. Martin, daughter of 
Warren and Lucy A. Mattoon, of Northfield, November 7, 1872. 

Hai.sey J. Boardman, son of Nathaniel and Sarah (Hunt) Boardman, was born in 
Norwich, Vt, May 19, 1834, and graduated at Dartmouth in 1858. He studied law 
with Norcross & Snow in Fitchburg, and in Boston in the ofhee of Phillip H. Sears, 
and was admitted to the Suffolk bar March 15, isno. He was associated in business 
with Caleb Blodgett, and subsequently with Stephen H. Tyng and J. Frank Paul. 
From 1862 , to 1864 he was United States commissioner of the Board of Enrollment, 
in 1875 president of the Common Council, and in the same year the Republican can- 
didate for mayor of Boston. He was representative from 1883 to 1885 and senator 
in 1887 and 1888 ; being president of the Senate both years. He married Georgia M. , 
daughter of George and Maria C. (Moseley) Hinman. Residence, Boston. 

George Sewall Boutwell, son of Sewall and Rebecca (Marshall) Boutwell, was 
born in Brookline, Mass., in what is now a part of the country club house, January 
28, 1818. He is descended from James Boutwell, who came to New England and 
settled in Lynn about 1638. Mr. Boutwell attended in his early years a public 
school in Lunenburg, Mass., and at the age of thirteen became a clerk in one of the 
stores in that town. At a later time he taught school in Shirley, and the few years 
succeeding his manhood were spent in preparing himself for what has proved a bril- 
liant public career. He studied the classics, he thumbed law books, he delivered 
lectures, made political speeches, and was engaged in business in Groton which he 
continued until 1855. In 1839 he was chosen a member of the School Committee of 
Groton, and in 1840 he was an active Democrat, advocating the re-election of Martin 
Van Buren to the presidency. In 1841 he was chosen representative from Groton, 
and re-chosen in 1842-43-46-47-48-49. Up to this time he had been also railway com- 
missioner, bank commissioner, and a member of various other important com- 
missions. In 1851 he became governor of Massachusetts by a fusion of the Demo- 
cratic and Free Soil members of the Legislature, and was chosen by the people as 
governor for 1852. After leaving the executive chair he was appointed a member of 
the Board of Education, and served five years as its secretary. From 1851 to 1860 
he was a member of the Board of Overseers of Harvard, and in January, 1860, was 
admitted to the Suffolk bar, having studied at various times with Bradford Russell 
in Groton, and with Joel Giles in Boston. In 1853 he was a member of the Consti- 



3 o 4 HISTORY OF THE BENCH AND BAR. 

tutional Convention. In 1856 he was made a member of the American Academy of 
Arts and Sciences, and in 1861 a member of the Phi Beta Kappa Society of Harvard. 
In 1861 he was a member of the Peace Congress, and appointed by President Lin- 
coln the first commissioner of Internal Revenue. He was a member of Congress 
from 1863 to l s 'i'.». and in 1869 was appointed secretary of the treasury by President 
Grant. In 1873 he was chosen United States senator from Massachusetts to succeed 
ry Wilson, who had been chosen vice-president, and served until 1877 when he 
was appointed commissioner to revise the statutes of the United States. In 1880 
he was appointed counsel for the United States before the International Commission, 
appointed to try claims of citizensof France against the United States, and of citizens 
of the United States against France, under the treaty of 1880 with France. He tried 
seven hundred and forty-six cases, involving $35,000,000. He is the author of " Ed- 
ucational Topics and Institutions," "Tax Acts," "The Lawyer, Statesman and 
Soldier," and one or more volumes of orations and speeches. He married Sarah 
Adelia, daughter of Nathan Thayer, of Hollis, N. H., July 8, 1841, and has his resi- 
dence in Groton, with offices in Boston and Washington. 

l'i: \\< is Marion Boi twell, son of the above, was born in Groton, Mass., February 
26, 1847, and was educated at the Leicester and Lawrence Academies. In 1866 he 
entered the house of Burrage Brothers & Company in Boston, and in 1870 entered 
the house of John Y. Farwell in Chicago. In 1871 he returned to Boston and entered 
the store of Norman C. Munson. In 18T4 he studied law with his father, and is now 
a member of the Suffolk bar, acting chiefly as a solicitor of patents. 

Benjamin Franklin Brickett, son of Franklin and Mehitabel Dow (Bradley) 
Brickett, was born in Haverhill, Mass., April 10, 1846, and graduated at Dartmouth 
in 1867. He graduated at the Harvard Law School, and was admitted to the Suffolk 
bar April lit, 1X69. He taught school in Ohio, and returning to Haverhill in 1872, 
began to practice his profession. He was city solicitor of Haverhill from 1883 to 1885, 
a member of the School Board from 1876 to 1882. He married E. Jennie, daughter 
of George and Eliza (Richer) Guptill, and lives in Haverhill. 

C w si en Browne, son of William and Sarah Justice (Mclntire) Browne, was born in 
Washington, D. C, October 9, 1828, and was a student two years in Columbian 
College, Washington. He then entered the coast survey, and finally at the 
age of twenty-one began the study of law with Charles M. Keller, and after- 
wards with William Curtis Noyes, and was admitted to the bar in New York in 
June, is.">2. A few months after his admission he removed to Boston, and was ad- 
mitted to the Suffolk bar September 30, 1852, and has continued to practice there. 
He is the author of a treatise on the Statute of Frauds, published in 1857, and has 
been president of the Boston Bar Association. He married Katharine Eveleth, 
daughter of General William and Sarah (Eveleth) Maynadier, and lives in Boston. 

George Partridge Sanger, jr., son of George Partridge and Elizabeth Sherburne 
(Thompson) Sanger, was born in Charlestown, Mass., September 6, 1852, and received 
ids early education at the Dwight Primary, the Dwight Grammar and Latin Schools 
in Boston. He graduated at Harvard in 1874, and studied law in Boston in the office 
of the United States district attorney, being admitted to the Suffolk bar June 2, 1876. 
He was assistant United States attorney from 1878 to 1882, and has been also com- 
missioner of the United States Circuit Court, Massachusetts District, and commis- 



BIOGRAPHICAL REGISTER. 



3°5 



sioner of the Court of Commissioners of Alabama Claims, and commissioner of the 
Court of Claims. He was a member of the Boston Common Council in 1886 and 
188T, and representative in 1889 and 1890. He married Susan Emily, daughter of 
Harvey Jewell, June 14, 1883, at Boston. 

Elmer Hewitt Capen, son of Samuel and Almira (Paul) Capen, was born in 
Stoughton, Mass., April 5, 1838, and graduated at Tufts College in 18(50. He studied 
law at the Harvard Law School and in Boston in the office of Thomas S. Harlow, 
and was admitted to the Suffolk bar in October, 1863. After practicing a year he 
studied divinity and was ordained, October 5, 1865, over an independent church in 
Gloucester. At the end of four years he went to St. Paul, Minn., and after a year 
there he was settled over the First Universalist church in Providence, R. I. On the 
3d of June, 1873, he was inaugurated president of Tufts College and now occupies 
that position. He w r as chosen representative in 1860 and is now a member of the 
Board of Education. He married first Letitia H. Mussey, of New London, Conn., 
and second Mary L. , daughter of Oliver Edwards, of Brookline. 

Mellen Chamberlain, son of Moses and Mary (Foster) Chamberlain, was born in 
Pembroke, N. H., June 4, 1821, and received his early education at the district school 
and- Pembroke Academy. After the removal of his parents to Concord, N. H., in 
1836, he fitted for college and graduated at Dartmouth in 1844. After teaching school 
two years or more in Brattleboro, Vt. , he entered the Harvard Law School and grad- 
uated in 1849. He began practice in Boston, and in 1858 and/1859 was a member of 
the House of Representatives. In 1863 and 1864 he was in the State Senate, in the 
latter year serving as chairman of the Judiciary Committee. On the 20th of May, 
1866, the Police Court of Boston w r as abolished and the Municipal Court of the City 
of Boston was established, consisting of one chief justice and two associate judges. 
On the 2d of July, 1866, John W. Bacon was commissioned chief justice ; on the same 
day Francis W. Hurd was commissioned associate, and on the 29th of June in the 
same year Mr. Chamberlain was commissioned the other associate. In 1871 Judge 
Bacon was promoted to the Superior Court bench, and on the 1st of December in 
that year Judge Chamberlain w r as promoted to his place. In October, 1878, he was 
appointed librarian of the Boston Library and resigned his seat on the bench. He 
remained in the library until 1891 when, on account of ill health, he resigned the 
office which he had filled with so much credit to himself and the city. During the 
whole of his career he has been an indefatigable student of history, and his efforts 
in this direction have been marked by thoroughness, correctness and fidelity. He is 
a member of the Massachusetts Historical Society, and corresponding member of 
the Royal Society of Northern Antiquaries of Copenhagen. He is now engaged in 
the preparation of a history of Chelsea, the early publication of which is to be hoped 
for. His contributions to historical literature are too numerous to mention in detail. 
The most noted are "The History of Winnisimmet, Rumney Marsh and Pullin 
Point," "The Authentication of the Declaration of Independence," "Address at 
the Dedication of Wilson Hall of Dartmouth College," "Address at the Dedication 
of the Brooks Library Building at Brattleboro, Vt.," and "The Constitutional Rela- 
tions of the American Colonies to the English Government at the Commencement of 
the Revolution." Notwithstanding the time expended on his official duties, and his 
literary efforts, the labor which has extended through his whole life has been ex- 
39 



3 o6 HISTORY OF THE BENCH AND BAR. 

pended in a collection of autographs which for completeness and methodical arrange- 
ment cannot be surpassed. He married .Martha Ann, daughter of Colonel Jesse and 
Elizabeth (Merriam) Putnam, of Danvers, Mass., June 6, 1849. His residence is in 
Chelsea. 

Henry Ai stin Clapp, son of John Pierce and Mary Ann (Bragg) Clapp, was born 
in Dorchester Tidy 17, 1841, and graduated at Harvard in 1860. He graduated at 
the Harvard Law School in 1864, and finished his preparation for the bar in the of- 
fices of David H. Mason and Hutchins & Wheeler, and was admitted to the Suffolk 
bar July 1, 1865. In 1875 he was appointed assistant clerk of the Supreme Judicial 
Court in Suffolk county, and in 1888 was appointed clerk of the Supreme Judicial 
Court for the Commonwealth. In the War of the Rebellion he served nine months 
as a private in Company F, Forty-fourth Massachusetts Regiment. Aside from his 
professional and official labors he has devoted much time to the study of Shakespeare 
and the drama, and his lectures on those subjects have given him a wide and de- 
served reputation. He married Florence, daughter of Edwin W. and Charlotte (Am- 
bler) Clarke, in Oswego, N. Y., June 23, 1869. 

Isaiah Raymond Clark, son of Ripley and Mary Ann (Raymond) Clark, was born 
in Felchville, Vt., January 1, 1853, and graduated at Dartmouth in 1873. He studied 
law in Boston in the office of Ranney & Morse, and was admitted to the Suffolk bai- 
rn February, 1876. He married Katherine, daughter of Charles and Jane (Rowley) 
Cummings, in Windsor, Vt., November 14, 1878, and lives in Boston. 

Charles Russell Codman, son of Charles Russell and Anne (Macmaster) Codman, 
was born in Paris, France, October 28, 1829, and graduated at Harvard in 1849. He 
studied law in Boston in the office of Charles G. Loring and at the Harvard Law 
School, from which he graduated in 1852. He was admitted to the Suffolk bar Sep- 
tember 29, 1852. He was a representative from Boston from 1873 to 1875, and sena- 
tor in 1864 and 1865. In the War of the Rebellion he commanded the Forty-fifth Mas- 
sachusetts Regiment during its nine months' service in North Carolina. He has been 
twice chosen overseer of Harvard College, and for several years was president of the 
board. He married Lucy Lyman Paine, daughter of Russell Sturgis, at Walton on 
Thames, England, February 28, 1856, and his residence has been for some years at 
Cotuit (Barnstable). 

Patrick Andrew Collins, son of Bartholomew and Mary Collins, was born in Fer- 
mov, Cork county, Ireland, March 12, 1844, and when four years old came with his 
mother to Massachusetts, receiving his education at the public schools in Chelsea. 
First an office boy, he was afterwards engaged in the upholstery business for a num- 
ber of years, at the same time devoting his leisure time to study. He entered the 
Harvard Law School in 1868, graduating in 1S71 with the degree of LL.B., and fin- 
ished his preparatory professional studies in Boston in the office of James M. Keith. 
He was admitted to the Suffolk bar April 15, 1871. While pursuing- his studies he 
was a member of the Massachusetts House of Representatives in 1868 and 1869, and 
in 1870 and 1871 senator. He was judge advocate-general of Massachusetts in 1875, 
member of Congress in the Forty-eighth, Forty-ninth and Fiftieth Congresses, dele- 
gate at large to the Democratic National Conventions of 1876-80-88-92, and president 
of the Democratic National Convention at St. Louis in 1888. He is a man of great 
natural powers, possessing an eloquent tongue and broad views, and, though foreign 



BIOGRAPHICAL REGISTER. 307 

born, a thorough American. With life and health he has a brilliant career before 
him. He married Mary E. Carey in Boston, July 1, 1873, and resides in Dor- 
chester. 

John W. Corcoran, son of James and Catharine Corcoran, was born in Batavia, 
X. V., June 14, 1853, and his parents moved to Clinton, Mass., when he was less than a 
year old. He was educated at the public schools in Clinton and at St. John's Univer- 
sity, New York, and at the College of the Holy Cross in Worcester. He graduated at 
the Boston University Law School in 1875, and was admitted to the Worcester county 
bar June 17, 1875, beginning his practice in Clinton, and afterwards opening an office in 
Boston. He was water commissioner in Clinton ten years, member of the School 
Board fifteen years, and has been judge advocate-general of Massachusetts, and chair- 
man of the Massachusetts Board of Managers of the World's Columbian Exposition. 
His fidelity and skill were exemplified in his management of the Lancaster Bank, of 
which as receiver he paid the creditors including interest one hundred and nine per 
cent. In 1800 and 1891 he was the Democratic candidate for lieutenant-governor of 
Massachusetts, and in 1802 was appointed judge of the Superior Court. He married 
Margaret J., daughter of Patrick and Mary McDonald, in Boston, April 28, 1881, and 
his residence is at Clinton. 

Charles Cowley, son of Aaron and Hannah (Price) Cowley, was born in Easting- 
ton, England, January 9, 1832, and came with his father to Lowell when a boy. He 
was educated in the public schools of Lowell, and at an early age entered the office 
of Josiah G. Abbott in Lowell as a student of law. He was admitted to the Middle- 
sex bar in April, 185(5, and has practiced since in Lowell and Boston. In the War of 
the Rebellion he served as paymaster in the navy and on the staff of Admiral Dahl- 
gren as judge advocate and provost judge in the South Atlantic Squadron. He has 
published a " History of Lowell," " Famous Divorces of all Ages," " Our Divorce 
Courts," and several other valuable contributions to legal and general literature. In 
1885 he received from the University of Vermont the degree of LL.D. 

George Glover Crocker, son of Uriel and Sarah Kidder (Haskell) Crocker, was 
born in Boston, December 15, 1843, and graduated at Harvard in 1864. He studied 
law at the Harvard Law School, graduating in 1866, and in the offices of George W. 
Tuxburv and Uriel H. Crocker, and was admitted to the Suffolk bar July 3, 1867. 
He was representative in 1873 and 1874, and senator in 1880-1881-1882-1883, the last 
year serving as president. He was chairman of the Board of Railroad Commissioners 
from February, 1887, to February, 1892. He is the author of a work published in 
1889 entitled "Principles of Procedure in Deliberative Assemblies." He married 
Annie Bliss, daughter of Dr. Nathan Cooley and Susan Prentiss (Haskell) Keep, in 
Boston, June 19, 1875, and resides in Boston. 

Uriel Haskell Crocker, son of Uriel and Sarah Kidder (Haskell) Crocker, was 
born in Boston December 24, 1832, and graduated at Harvard jn 1853. He gradu- 
ated at the Harvard Law School in 1855, and after further study in the office of Sid- 
ney Bartlett in Boston was admitted to the Suffolk bar in April, 1856. He married 
Clara G. , daughter of Joseph Ballard, of Boston, and lives in Boston. 

George Uriel Crocker, son of the above, was born in Boston, January 9, 1863, 
and graduated at Harvard in 1884. He studied law at the Harvard Law School and 



3o8 H1S10RY OF THE BENCH AND BAR. 

the Boston University Law School, and was admitted to the Suffolk bar in June, 1886. 
He is or has been treasurer of the Northern Railroad of New Hampshire, and his 
business is confined largely to probate cases. He married Emma L. Aylsworth in 
Providence, in 1887, and lives in Boston. 

Cob F. Cronin, son of John and Margaret (McCarthy) Cronin, was born in 

Cork, Ireland, July 25, 1851, and came with his parents, an infant, to Boston. He 
received his education at the Boston public schools and went into business. He af- 
terwards studied law at the Boston University Law School, and in the office of Gar- 
gan, Swasey & Adams, and was admitted to the Suffolk bar in May, 1878. He was 
a representative from Boston in 1881-82-83 and senator in 1884. His residence is in 
Boston. 

Edwin Upton Curtis, son of George and Martha Ann (Upton) Curtis, was born in 
Roxbury, Mass., March 26, 1861, and graduated at Bowdoin College in 1882. He 
studied law with William Gaston and was admitted to the Suffolk bar in 1885. He 
was associated in business with William G. Reed, and in 1889 was chosen city clerk 
of Boston. Residence, Boston. 

Henry Charles Davis, son of Benjamin and Cordelia (Buffington) Davis, was born 
in Palmer, Mass., October 23, 1843, and was educated at the Wilbraham Academy 
and Williston Seminary. He graduated at the Harvard Law School in 1868 and was 
admitted to the Suffolk bar January 23, in that year. Not long after he began prac- 
tice in Ware, Mass., where he has been many years a member of the School Commit- 
tee, and in 1873 was chosen representative. He married Jennie A., daughter of Lo- 
renzo and Jane (Marlen) Demond, in Ware, May 4, 1876. 

Philip J. Doherty, son of Philip and Ellen (Munnegle) Doherty, w y as born in 
Charlestown, Mass., January 27, 1856, and was educated at the Harvard Grammar 
and Charlestown High School. He graduated at the Boston University Law School 
in 1876, and was admitted to the Suffolk bar June 4, 1877. He was a representative 
in 1884-85-86, an alderman of Boston in 1888, and a member of the Boston Water 
Board from 1889 to 1891. In 1888 he was a delegate to the Democratic National Con- 
vention at St. Louis. He married Catherine A., daughter of John and Catherine 
(Doyle) Butler, in Charlestown, August 16, 1878, and lives in Charlestown. 

Charles Francis Donnelly, son of Hugh and Margaret (Conway) Donnelly, was 
born in Athlone, Roscommon county, Ireland, October 14, 1836, and in his infancy 
came with his parents to Canada, whence they removed to Rhode Island in 1848. In 
1856 he entered the office of Ranney & Morse, in Boston, as a student of law, and in 
1859 graduated at the Harvard Law School. He was admitted to the Suffolk bar in 
September, 1858. In 1875 he was appointed a member of the Board of State Chari- 
ties and for four years he was chairman, and his services were exceedingly valuable 
to the .State. He has received the degree of LL.D. from St. Mary's College of 
Maryland, the oldest Catholic educational institution in the country. 

Levi Edwin Dudley, son of John Oilman and Mary Clark (Townsend) Dudley, 
was born in North Troy, Vt, October 18, 1842, and was educated in the public 
schools. After some preparatory experience, he occupied for a time a position in a 
drug store in Boston, and at the beginning of the war entered the service and re- 
mained until hostilities had ceased. He became hospital steward in the regular 



BIOGRAPHICAL REGISTER. 309 

army, and at one time was commissary steward of Lincoln Hospital in Washington. 
After the war he was a clerk in the internal revenue department, and in 1866 actively 
sustained President Johnson in his contest with Congress. He then became con- 
nected with the Great Republic newspaper in Washington and was earnest in his 
efforts to organize grand army associations. While engaged in the work of recon- 
struction in Virginia, and serving as military secretary of the governor, he was ad- 
mitted to the bar in Richmond, and afterwards, in 1869, to the .Supreme Court of 
the United States. In 1872 he was appointed superintendent of Indian affairs for 
New Mexico, and afterwards a clerk in the Post-office Department. In 1877 he re- 
turned to Boston, where he has been for some years active as secretary of the Law 
and Order League. As a member of the bar resident in Boston, though perhaps 
not a member of the Suffolk bar, he is entitled to a place in this register. 

Samuel James Elder, son of James and Deborah Dunbar (Keene) Elder, was 
born in Hope, R. I., January 4, 1850, and graduated at Yale in 1873. He studied 
law in Boston with George W. Morse and John H. Hardy, and was admitted to the 
Suffolk bar in June, 1875. He was a representative in 1885, is president of the Yale 
Alumni Association, and has acted in behalf of the International Copyright League 
before the United States Senate. He married Lilla, daughter of Cornelius W. and 
Margaret J. (Wyckoff) Thomas, at Hastings on the Hudson, May 10, 1876, and lives 
in Winchester. 

William Crowninshield Endicott, son of William Putnam and Mary (Crownin- 
shield) Endicott, was born in Salem, November 26, 1826, and graduated at Harvard 
in 1847. He studied law at the Harvard Law School and in Salem in the office of 
Nathaniel J. Lord, and was admitted to the Essex bar in 1850. He began to prac- 
tice in Salem and in 1852 was a member of the Common Council and its president. In 
1853 he associated himself in business with J. W. Perry, and from 1857 to 1864 was 
city solicitor of Salem. In 1870 he was the Democratic candidate for Congress, and 
in 1871-72-73 the Democratic candidate for attorney-general. In 1873 he was appointed 
judge of the Supreme Judicial Court to take the place of Horace Gray, who in that 
year succeeded Reuben Atwater Chapman as chief justice. In 1884 he was the 
Democratic candidate for governor, having resigned his seat on the bench in 1882, 
and in 1885 he was appointed by President Cleveland to a seat in his cabinet as sec- 
retary of war. In 1889, after leaving the cabinet, he resumed law practice and 
opened an office in Boston, still holding his residence in Salem. He married Ellen, 
daughter of George Peabody, of Salem, December 13, 1859. 

M< irton Davis Andrews, son of Henry G. and Elizabeth Bliss (Davis) Andrews, 
was born in Plymouth, May 5, 1855, and was educated at the public schools and 
under private instruction. He studied law in Boston in the office of Elias Hasket 
Derby, and was admitted to the Suffolk bar in 1885. He married, October 7, 1885, 
Mary Davis, daughter of Timothy Davis and Frances (Judkins) Bond, and died while 
traveling for his health in Detroit, Mich., August 11, 1892. 

William Wisner Dohertv, son of Ross and Sarah Doherty, was born in Boston, 
August 16, 1836, and was educated at the Boston Latin School and at Cumberland 
University, Tennesee. He studied law at the above university and in Boston in the 
office of C. T. & T. H. Russell, and was admitted to the Suffolk bar in April, 1859. 
He has been assistant district attorney for Suffolk county and is now United States 



310 HISTORY OF THE BENCH AND BAR. 

marshal. He was senior counsel for Joseph Donato and David Mooney, two capi- 
tal eases tried in Boston. He married Catherine L. Chamberlain, nee Thompson, 
in Boston, August 17, 1880, and lives in Boston. 

A.ugi i ' - Hi nrv Fiski , son of Isaac and Susan (Hobbs) Fiske, was born in Wes- 
ton. .Mass.. September 19, 1805. He fitted for college at the Framingham Academy 
and graduated at Harvard in 1825. He studied law at the Harvard Law School 
and was admitted to the Suffolk bar June 11, 1830. He was for a time associated 
with his father in Boston, and afterwards for many years with Benjamin Rand, the 
partnership being Fiske & Rand. Their business was largely office and collection 
business, but in 1*44, when Charles Henry Warren resigned his seat on the bench 
of the Common Pleas Court, he removed from New Bedford to Boston, and became 
the court and jury partner of the firm. The first case tried by the new firm was that 
of the Commonwealth against Rev. Joy H. Fairchild, in which Judge Warren ap- 
peared for the defence and secured, by skillful management and a masterly argu- 
ment, an acquittal of the defendant. Mr. Fiske married Hannah Rogers, daughter 
of Captain Gamaliel and Elizabeth (Hickling) Bradford, of Boston, in Concord in 
May, 1830, and died in Boston, March 22, 1865. 

Charles Henry Fiske, son of the above, was born in Boston, October 26, 1840, 
and graduated at Harvard in 1860. He studied law in Boston in his father's office 
and was admitted to the Suffolk bar December 6, 1864. He was a representative in 
1868, and 1*72 from the representative district including the towns of Concord, 
Lincoln and Weston. He married Cornelia Frothingham, daughter of Rev. Dr. 
Chandler Robbins, of Boston, June 4, 1868, and has his residence in Weston, with 
an office in Boston. 

Andrew Fiske, brother of the above, was born in Weston, Mass., June 4, 1854, and 
graduated at Harvard in 1875. He graduated at the Harvard Law School in 1*7*, 
and after further study in Boston in the office of Ebenezer Rockw-ood Hoar was ad- 
mitted to the Suffolk bar February 11, 1880. He resides in Weston, with an office in 
Boston. 

Frederick A. P. Fiske, son of Benjamin M. and Elizabeth A. Fiske, was born in 
Chelmsford, Mass., October 4, 1859, and graduated at Harvard in 1881. He studied 
law at the Harvard Law School, and in Boston at the office of Hardy, Elder & 
Proctor, and was admitted to the Suffolk bar January 20, 1885. He married Harriet 
Lydia Locke at Winchester, Mass., July 2, 1890, and has a residence in Somerville, 
with an office in Boston. 

Jerome H. Fiske, son of Moses and Susan (Hurd) Fiske, was born in Dover, N. H., 
April 7, 1S44, and was educated at the public schools, and at the Chicopee, Mass., 
High School, under the direction of George D. Robinson afterwards governor of 
Massachusetts. He studied law in Salem in the office of George Wheatland, and 
was admitted at Salem to the Essex bar October 8, 1875. He was in the Boston 
Custom I louse six years under Thomas Russell, collector and city solicitor of Mai- 
den, where he resides from 1883 to 1887. He was married at Chicopee. In 1884 he 
delivered an oration on the Fourth of July. 

John Fiske, son of Edmund Brewster and Mary Fiske (Bound) Green, was born in 
Hartford, Conn., March 30, 1*42. His original name was Edmund Fiske Green, 



BIOGRAPHICAL REGISTER. 3 „ 

but in is."),") he received the name of John Fiske after his mother's grandfather. He 
received his early education at the public schools, at Stamford, Conn., Academy and 
under private instruction, and graduated at Harvard in 1863. He graduated at the 
Harvard Law School in 1N(>5, and was admitted to the Suffolk bar July 11, 1864. He 
began practice in Boston in 1865, but soon abandoned it for the study of and exposi- 
tion of history. He was a lecturer at Harvard on philosophy from 1869 to 1871, in- 
structor in history there in 1870, assistant librarian from 1*72 to 1879, and overseer of 
Harvard from 1879 to 1891. In 1885 he was made professor of American history at 
Washington University, and is a member of various historical and antiquarian asso- 
ciations. His contributions to historical literature have been numerous and valuable, 
and his pen is stdl keepine; the press busy with his publications. He married Abby 
Morgan Brooks, of Petersham, Mass., at Cambridge, September 6, 1864. 

James Augustus Fox, son of George Howe and Emily (Wyatt) Fox, was born in 
Boston, August 11, 1827. He was educated in the public schools, and studied law at 
the Harvard Law School, and in Boston in the office of John C. Park. He was ad- 
mitted to the Suffolk bar December 24, 1854, and continued his practice in Boston 
until 1861, when he entered the service as captain in the Thirteenth Massachusetts Regi- 
ment. In 1864 and 1S65 he commanded the Ancient and Honorable Artillery Com- 
pany, and in 1867 and 1868 was a representative from Boston, and in 1870 and 1871 
senator. He removed to Cambridge in 1872, and has served there as alderman two 
vears and mayor four years. In 1890 he was the Republican candidate for Congress 
against Sherman Hoar, the Democratic candidate, who was chosen. He married 
Julia Elizabeth, daughter of Col. James and Julia (Sterry) Valentine, of Provi- 
dence, R. I. 

Jabez Fox, son of Henry Hodges and Sarah Ann (Burt) Fox, was born in Taunton, 
Mass., April 10, 1850, and graduated at Harvard in 1871. He graduated at the 
Harvard Law School in 1875, and, after further study in the office of Hillard, Hyde & 
Dickinson in Boston, was admitted to the Suffolk bar in February, 1876. He married 
Susan Elizabeth Thayer at Cambridge, in June, 1879, and resides in Cambridge, with 
an office in Boston. 

James W. Fox was born in Boston, August 15, 1849, and was educated at the pub- 
lic schools. He studied law in Boston in the office of Henry W. Paine, and was ad- 
mitted to the Suffolk bar March 17, 1874. 

William Wesley French, son of William B. and Mary Ann (Torrey) French, was 
born in Brockton, Mass., January 10, 1849, and graduated at Dartmouth in 1S72. He 
studied law in Boston in the office of Knapp & Bowman, and was admitted to the 
Suffolk bar in August, 1874. He removed to Gloucester, where he was a member of the 
Common Council from 1879 to 1883 and mayor in 18.S8 and 1889. He married Lelia 
Fenno, daughter of Moses H. and Ellen N. (Low) Shaw at Gloucester, August 1, 1878. 

Arthur Philip French, son of William R. and Marcia French, was born in Turner, 
Me., May 19, 1854, and fitting for college at the Brunswick High School, graduated 
at Tufts College in 1876. He was admitted to the bar in Bristol county at New Bed- 
ford June 24, 1878, but practices in Boston. He married Addie R. Jacobs, of Boston, 
October 30, 1884. 

Daniel Angell Gleason, son of John Fiske and Maria (Tourtellotte) Gleason, was 
born in Worcester, Mass. , May 9, 1836, and graduated at Harvard in 1856. He 



3 i2 HISTORY OF THE BENCH AND BAR. 

studied law in Meadville, Perm., where he taught school, and was there admitted to 
the bar in 1859. Returning to Massachusetts he graduated at the Harvard Law 
School in 1860, fter further pursuing his studies in Boston in the office of 

Chandler & Shattuck, he was admitted to the Suffolk bar June 7, 1860, and began 
practice in Boston. In Medford, where he lives, he has been a member of the School 
1, and water commissioner, and has held the State offices of tax commissioner, 
commissioner of corporations, and treasurer and receiver general. He has edited 
" Bouvier's Law 1 tictionary," " Bouvier's Institutes," an edition of " Phillips's Insur- 
ance," and assisted Emory Washburn in his work on " Easements." He married 
Annie Louisa, daughter of Richard and Mary A. (Henry) Hall in Roxbury, Jan- 
uarv 7, 1863, and lives in Medford. 

Daniel Wheelwright Gooch, son of John and Olive (Winn) Gooch, was born in 
Wells, Me., January 8, 1820, and graduated at Dartmouth in 1843. He studied law 
in South Berwick. Me., and in Boston, and was admitted to the Suffolk bar November 
is, 1S47. He practiced law in Boston with success, but was drawn either by am- 
bition or the force of circumstances into a public career. He was a representative in 
is.") '2, member of the Constitutional Convention in 1853, and a member of the 35th, 
36th, 37th and 3Sth Congresses. He was chosen to the 39th Congress, but resigned to 
take the position of naval officer in the Boston Custom House. He resumed the 
practice of law after holding office a year, and was chosen a member of the 43d Con- 
gress. In 1875 he was appointed pension agent at Boston and held the office until 
1886. He married Hannah H., daughter of John S. and Theodore L. Pope, of Wells, 
Me., and died November 1, 1891. 

Tkssk Morse Gc\ e, son of Dana B. and Susan (Morse) Gove, was born in Weare, 
N. H., December 11, 1852. He was educated at the Lowell schools, and after study- 
ing law in Boston with his father, was admitted to the Suffolk bar in May, 1875, and 
has practiced in Boston. He was a member of the Common Council of Boston in 
1881, a representative from 1883 to 1885, and has been a member of the Board of 
Aldermen. He was a delegate to the National Republican Conventions of 1884 and 
1888. He married Agnes E., daughter of James and Jane Ballantyne at Lowell, 
August 17, 1882. He resides in Boston. 

Robert Gram . son of Patrick and Charlotte Bordman (Rice) Grant, was born in 
Boston, January 24, 1852, and graduated at Harvard in 1873. He graduated at the 
Harvard Law School m 1879, and was admitted to the Suffolk bar in that year. He 
has been chairman of the Boston Board of Water Commissioners since May, 1889, and 
a member since May, 1888. He delivered the poem before the Phi Beta Kappa Asocia- 
tion at Cambridge in June, 1883, and was the poet of the Latin School Alumni on the 
two hundred and fiftieth anniversary of that institution, April 23, 1885. In other 
ways he has devoted himself to literature and has published various volumes, in 
which as a writer of fiction he has excelled. He married Amy Gordon, daughter of 
Sir Alexander T. Gait and Amy Gordon (Torrance) Gait in Montreal, July 3, 1S83. 
His residence is in Boston. 

John Henry Hardy, son of John and Hannah (Farley) Hardy, was born in Hollis, 
N. H., February 2, 1S47, and graduated at Dartmouth in 1870. He studied law at 
the Harvard Law School, and in Boston in the office of Robert M. Morse, jr., and 
was admitted to the Suffolk bar in January, 1872. He associated himself in business 











fc^ J. He 



^IJ^o^u 



BIOGRAPHICAL REGISTER. 313 

with George W. Morse, and afterwards with Samuel J. Elder and Thomas W. Proc- 
tor. On the 3d of June, 1885, he was appointed an associate judge of the Munii 
Court of Boston, and is still on the bench. He served in the War of the Rebellion 
in the Fifteenth New Hampshire Regiment, being fifteen years of age at the time of 
his enlistment. He was a representative in 1883, then a resident in Arlington. He 
married Anna J. Conant, daughter of Levi and Anna (Whitney) (Mead) Conant in 
Littleton, August 30, 1871. 

Frank Ephraim Herbert Gary, son of Ephraim and Sarah A. Gary, was born in 
Montpelier, Vt., October 8, 1858, and graduated at the Vermont Methodist Seminary 
in 1S79. He studied laAv with Heath & Carleton in Montpelier, and was admitted to 
the Vermont bar in 1882. He afterwards graduated at the Boston University Law 
School in 1884 and began practice in Montpelier. In 1888 he removed to Boston, 
and was admitted to the Suffolk bar in 1889. He was acting assistant dean and an 
instructor in the Boston University Law School from 1888 to 1890. His residence is 
in Boston. 

Robert Hallowell Gardiner, son of John W. Tudor and Annie Elizabeth Havs 
Gardiner, was born at Fort Tejon, Cal., September 9, 1855, and graduated at 
Harvard in 1876. He took the name of his grandfather " Gardiner." He studied 
law at the Harvard Law School, and in Boston in the offices of Charles P. Greenough 
& Shattuck, Holmes & Munroe, and was admitted to the Suffolk bar in 1880. He 
married Alice, daughter of Edward Bangs, of Boston, June 23, 1881, and lives at 

Newton. 

r 
John Edward Galvin, son of David and Mary A. (Dwyer) Galvin, was born in Bos- 
ton, November 8, 1857, and was educated at the English and Latin schools of that 
city. He studied law at the Harvard Law School, and was admitted to the bar of 
Middlesex county at Cambridge, October 6, ,1879. His residence is in the Dorchester 
District of Boston. 

Charles Theodore Gallagher, son of William and Emily C. Gallagher, was born 
in Boston, May 21, 1851, and was educated at the Boston public schools and the Bos- 
ton University. He studied law at the Boston Law School and in the office of Ran- 
ney & Morse, and was admitted to the Suffolk bar November 29, 1875. He was a 
member of the State Senate from Boston in 1882, and has been twelve years a mem- 
ber of the Boston School Board, serving the last three years as its president. He en- 
listed in 1864 at the age of thirteen as a drummer boy in the First Unattached Regi- 
ment. He married Nellie W. Allen at Scituate, February 19, 1880, and resides in 
Boston. 

Robert Stetson Gorham, son of Daniel D. and Hannah M. (Stetson) Gorham, 
was born in Champlain, N. Y. , June 28, 1863, and graduated at Harvard in 1885. He 
studied law in 1885-86 in Northampton in the office of John C. Hammond, and from 
1886 to 1888 at the Harvard Law School, and was admitted to the Suffolk bar in Jan- 
uary, 1889. He married Alvine J. Thomas in Duxbury, Mass., June 27, 1890, and 
lives in Newton with an office in Boston. 

David Ellsworth Gould, son of David and Lucy (Withington) Gould, was born in 
Chatham, Mass., April 14, 1863, and was educated at the public schools and at the 
Boston University. He studied law at the Boston University Law School, and was 
40 



3 1 4 HISTORY OF THE BENCH AND BAR. 

admitted b iffolk bar in January, 1887. He was a representative in 1890 and 

1891 En nn the Twenty-sixth Representative District of Suffolk county. His residence 
is in Chelsea. 

Edward Jenkins Jones, son of Jacob and Mary (Covell) Jones, was born in Boston, 
( ictober 15, 1822, and was educated at the public schools and at Hampden Academy. 
He was appointed deputy sheriff in Boston in 1845 by Sheriff Eveleth, but after serv- 
ing some years in that capacity he studied law and was admitted to the Suffolk bar 
in October. 1873. During the War of the Rebellion he was captain of the Eleventh 
Massachusetts Battery, and was brevetted major for gallantry at the battle of Fort 
Stedman in Virginia. He was chief of the State Police from I860 to 1872, a repre. 
sentative in L873 and 1874, and trial justice for juvenile offenders three years. He 
married Emily D., daughter of James and Fanny B. Campbell, of Milton, in Boston, 
April 26, 1847. He has compiled Massachusetts criminal laws up to 1868, and the 
decisions of the Supreme Court of Massachusetts up to 1868 on the liquor laws. He 
lives in Boston. 

John Davis Long, son of Zadoc and Julia Temple (Davis) Long, was born in Buck- 
field, Me., October 27, 1838, and receiving his early education at the public schools, 
graduated at Harvard in 1857. He is descended from old Pilgrim stock, William 
Clark, who came to Plymouth in the Ann in 1623, and John Churchill, who came to 
Plymouth in 1643, being among his ancestors. He fitted for college at the Hebron 
Academy in Maine, and graduated at Harvard in 1857. After leaving college he held 
for two years the position of principal of the academy in Westford, Mass., and then 
entered the Harvard Law School, which he left to enter as a student the office of 
Sidney Bartlett and complete his preparatory studies. He was admitted to the Suf- 
folk bar in 1861, and opened an office in Buckfield, his native town, where, it may 
be readily seen, the field of professional work was too narrow for his expanding tal- 
ents and energies. In the autumn of 1862 he returned to Boston, and after remain- 
ing for a time in the offices of Peleg W. Chandler and of Woodbury & Andros he be- 
came a partner with Stillman B. Allen and Thomas Savage in the law firm of Allen, 
Long & Savage, remaining in the firm enjoying a constantly increasing and respon- 
sible business until 1880. His interest in politics began in the Lincoln campaign of 
1860, when he made his maiden speech in Buckfield for the Republican candidates. 
In 1861, immediately after his settlement as a lawyer in Buckfield, he was nominated 
and defeated as the Republican candidate for the Legislature. After his return to 
Boston he took no further part in political affairs until 1871 and 1872, when as an ad- 
vocate of the election of Horace Greeley, the Democratic candidate for president, he 
was nominated for representative from Hingham, where in 1869 he had taken up his 
residence. In 1874 he was chosen representative by the Republicans of the Second 
Representative District of Plymouth county, consisting of the towns of Hingham and 
Hull. In 1875-76-77 he was rechosen, and in all those years was the speaker of the 
1 1 1 use. In the chair more than on the floor Mr. Long had the opportunity of display- 
ing those peculiar traits of intellect, temper and deportment, which have given him 
an unfailing popularity with the people of the Commonwealth. In 1877 and in 1878 
he was a candidate for the Republican gubernatorial nomination, but in the conven- 
tion of the former 3 r ear he was defeated by Alexander H. Rice, who had served two 
years, while in that of the latter he withdrew his name and was nominated for lieu- 



BIOGRAPHICAL REGISTER. 315 

tenant-governor with Thomas Talbot at the head of the ticket. In 1879 he was cho- 
sen governor and rechosen in 1880 and 1881, retiring in accordance with < I liter 
three years' service. In 1879 there were four candidates in the field, the democracy 
having two candidates, Benjamin F. Butler and John Quincy Adams, and the 
hibitory temperance candidate being Rev. 1). C. Eddy. Mr. Long received 122,751 
votes, Mr. Butler 109,149, Mr. Adams 9,989, and Mr. Eddy 1,645, with L08 scattering. 
In 1880 and 1881 the opposing candidate was Charles P. Thompson, Democrat, and 
in the former year Mr. Long had a plurality of 0S,:;iT, and in the latter 56,824. After 
leaving the executive chair he served in the Forty-eighth, Forty-ninth and Fiftieth 
Congresses as the representative of the Second Congressional District. After Ins 
retirement from Congress he resumed the practice of law in Boston, associating him- 
self with Stillman B. Allen, his former partner, and Alfred Hemenway, with the firm 
name of Allen, Long & Hemenway. His literary work has been chiefly confined to 
speeches and a translation of the ^Eneid. which has received the approbation of 
critics. In 1880 he received from Harvard as governor of the State the degree of 
LL.D., and since May, 1887, has been president of the Pilgrim Society. He married 
first Mary W., daughter of George S. Glover, of Hingham, September 13, 1870, and 
second, Agnes, daughter of Rev. Joseph D. Peirce, May 22, 1886, and his residence is 
still at Hingham. 

Samuel H. Longley, son of Samuel and Ellen H. Longley, was born in Groton, 
Mass., January 11, 1861. He studied law at the Harvard Law School, and was ad- 
mitted to the Suffolk bar in 1888. His residence is at Shirley, Mass., and his office 
in Boston. 

James Russell Lowell, son of Rev. Dr. Charles and Harriet (Spence) Lowell, was 
born in Cambridge, Mass., February 22, 1819, and graduated at Harvard in 1838. 
Perhaps no family in Masachusetts has been distinguished in so many generations as 
that to which he belonged. He graduated at the Harvard Law School in 1840, and 
was admitted to the bar in that year. He began practice in Boston but was soon led 
away from professional efforts into the paths of literature, in which he became so 
distinguished. In 1841 he published a volume of poems entitled "A Year's Life," 
and in 1843, associated with Robert Carter, he published "The Pioneer," a liter- 
ary and critical magazine. In 1844 he published a second volume of poems, and in 
1845 a volume of prose entitled "Conversations on Some of the Old Poets." In 1848 
he published a third volume of poems, and in the same year ' ' The Vision of Sir 
Launfal" and ■ " The Biglow Papers." He also published in that year "A Fable for 
Critics," and soon after visited Europe. In 1854-5 he delivered a course of lectures 
before the Lowell Institute on the British Poets and immediately afterwards went to 
Dresden for study preliminary to his accession to the chair of Modern Languages and 
Belles-lettres at Harvard. From 1857 to 18(52 he edited the Atlantic Monthly, and 
in 18(34 published "Fireside Travels," and a new series of the "Biglow Papers." In 
1863, associated with Charles E. Norton, he edited for a time the North American 
Review, and in 1869 published "The Cathedral," a poem, and "Underthe Willows" 
and other poems. In 1870 he published "Among my Books " and my "Study Win- 
dows." In 1876 he w T as a delegate to the National Republican Convention in Cincin- 
nati and presidential elector. In 1877 he was appointed minister to Spain, and in 
1880 was transferred to the Court of St. James, where he remained until his recall in 



3 i6 HISTORY OF THE BENCH AND BAR. 

1885 His career in England was a remarkable one. The United States had before 
him exhibited in the various ministers to the English Court a high order of states- 
manship, but never before had the literary culture of America been so brilliantly 
illustrated. His speeches on various occasions, scholarly and refined as they were, 
won the admiration of English scholars and reflected honor on his country as well as 
on himself. The degree of T. 'C. D. was conferred on him by the University of Ox- 
ford in 1873, and that of LL.D. by the Universities of Cambridge, England, St. 
Andrews and Edinburgh in 1874, and Bologna, 1888. He received also the degree 
of LL.D. from Harvard in 1884. He married first in 1844, Maria, daughter of Abi- 
iah and Anna .Maria (Howard) White, who died in Cambridge, October 27, 1853, and 
second Frances Dunlap, who died in England in February, 1885. Mr. Lowell died 
at Cambridge, August 12, 1891. 

William Minot, son of George Richards Minot, was born in Boston, September 17, 
1783, and graduated at Harvard in 1802. He studied law in Boston in the office of 
Joseph Hall, and was admitted to the Suffolk bar in 1805. The son of an able law- 
yer, he inherited those sterling traits without which no professional man can suc- 
ceed, integrity, method, industry and fidelity to his employers. Confining himself 
to his office and the manifold duties there awaiting performance, he not only never 
sought public notice, but was never induced to accept any public position except that 
of a member of the Executive Council during the administration of Governor Everett 
between 1836 and 1840. He was particularly devoted to the law of wills and trusts, 
and his services were eagerly sought as executor or trustee where large amounts and 
intricate questions were involved. It was said of him after his death, by one who 
knew him well, that he was "a man of the purest life, of the highest principles, of 
the most scrupulous and transparent integrity ; his counsel was eagerly sought dur- 
ing a long term of years by those who had estates to bequeath, or trusts to be ar- 
ranged and executed, and no one enjoyed a greater share than he did, in these and in 
all other relations, of the esteem and confidence of the community in which he lived. 
Among other funds committed to his care was that bequeathed to the town of his 
birth by Benjamin Franklin, with a primary view of encouraging young and merit- 
orious mechanics. This fund was placed in his hands by the authorities of Boston in 
1804, and was gratuitously administered by him for the long period of sixty years, 
when it had increased from four thousand to one hundred and twenty-five thousand 
dollars." In 1814 a court called the Boston Court of Common Pleas was established 
and remained in existence until the Court of Common Pleas for the Commonwealth 
was established in 1821. In 1814 Harrison Gray Otis was appointed judge of this 
court, and Mr. Minot was appointed to succeed him March 2, 1818. He either de- 
clined or resigned after a month's service, as William Prescott was appointed judge 
April 21 of the same year. He married Louisa,, daughter of Daniel Davis, at that 
time solicitor-general of the Commonwealth, and died in his house in Beacon street, 
Boston, which he had occupied for sixty years, June 2, 1873. 

John E. Hanly, son of Michael F. and Almeda S. Hanly, was born in Appleton, 
Maine, August 5, 1851, and was educated at the Waterville, Me., Classical Insti- 
tute. He studied law in Appleton with M. F. Hanly, and in Augusta, Me., with 
William P. Whitehouse, and was admitted to the bar at Augusta in October, 1872. 
He was afterwards admitted to the bar in California in June, 1875, and in Suffolk 




' 



BIOGRAPHICAL REGISTER. 3l7 

county in May, 1890. He married Clara A. Hawkes in Appleton, Me., in Decem- 
ber, 1872. He lives in the Roxbury District of Boston. 

Charles Stedman Hanks, son of Stedman W. and Sarah W. Hanks, was born in 
Lowell, Mass., April 10, 1858, and graduated at Harvard in 1879. He studied law at 
the Boston University Law School, and was admitted to the Suffolk bar in L881. He 
was married in Minnesota, May 17, 1888, to Clarissa B. Shumway, and lives in Man- 
chester, Mass. He has published a treatise on the Law of Tort. 

George R. Jones, son of John R. and Mary S. Jones, was born in Lebanon, Me., 
February 8, 1862, and was educated at the Boston University College of Liberal Arts. 
He studied law in Boston, in the office of Allen, Long & Hemenway, and at the Bos- 
ton University Law School, and was admitted to the Suffolk bar July 12, 1888. He 
married Helen Blanch Jeffery at Melrose, September 10, 1890, and lives in Melrose. 

James Edward Kelley, son of Benjamin F. and Louisa P. (Adams) Kelley, was 
born in Unity, Me., February 2, 1858, and was educated at the Eastern State Normal 
School. He studied law at the Boston University Law School, and was admitted to 
the Suffolk bar January \l x 1888. He married Fannie E. Banks, of Belfast, Me., at 
Somerville, Mass., December 25, 1887, and his home is in Somerville. 

Charles Franklin Kittredge, son of Franklin Otis and Mary Ann Kittredge, was 
born in Mt. Vernon, N. H., February 24, 1841, and graduated at Dartmouth in 1863. 
He studied law in Boston with John P. Healy, and was admitted to the Suffolk bar 
in October, 1867. He has been a member of the House of Representatives from Bos- 
ton, and was assistant city solicitor from 1868 to 1879. He has devoted himself 
chiefly to municipal and corporation law. He married Adelaide L. Lee at Groton, 
Mass., September 24, 1872, and lives in Boston. 

William A. Knowi.ton, son of William W. and Martha E. Knowlton, was born in 
Nashville, Tenn., June 24, 1855, and attended Phillips Andover Academy. He 
studied law at the Boston University Law School, and was admitted to the Middlesex 
bar at Cambridge in June, 1881. He married Elizabeth J. Burks at Natick, Mass., 
June 27, 1883, and he resides in Natick, with an office in Boston. 

s Edward Avery, son of General Samuel and Mary A. W. (Candler) Avery, was 
born in Marblehead, Mass., March 12, 1828. His father was a native of Vermont, 
and served as an officer in the War of 1812. After removing to Marblehead he com- 
manded a brigade of militia fifteen years. He was descended from Samuel Avery, 
a civil engineer, who had a grant of land in Vermont. In Marblehead he was a man 
of note, serving as selectman and representative in days when the office sought the 
man, and showed the esteem in which he was held by the community in which he 
lived rather than a greed for place and power and a manipulating skill necessary to 
secure them. The subject of this sketch was educated in the public schools of Mar- 
blehead, and in the Brooks Classical School in Boston. He studied law at the Har- 
vard Law School, and in Boston in the office of Frederick W. Choate, and was ad- 
mitted to the bar in Worcester county in 1849. He established himself in Barre, 
Mass., where he remained about two years, and then removed to Boston, where he 
became associated in business with George M. Hobbs, and has secured a place among 
the leaders of the Suffolk bar. As a jury lawyer he has been signally successful. 
His arguments at the bar are clear, incisive, logical and strong. He avoids the too 



3 i8 HISTORY OF THE BENCH AND BAR. 

common practice of endeavoring to explain and strengthen the weak points in his 
but gives his attention only to the strong ones, so fortifying them and increas- 
ing their strength that the weaker ones are left out of sight and his victory is won. 
His devotion to the cause of the Democratic party led him early to take an interest 
in politics, and he has both rendered efficient service to his party and received honors 
at their hands. Few campaigns during the last twenty-five years have passed with- 
out the sound of his voice on the platform and stump, and few conventions, national, 
State or local, have failed to receive his aid or counsel. He was one of the eight 
Democrats in the House of Representatives in 1867 and in 1868, having been chosen 
to both the Senate and House, and taken his seat in the former. He has also been 
chairman of the Democratic State Committee, and the 'candidate of the Democratic- 
party for attorney-general and member of Congress. He married, first, in 1852, Su- 
san Caroline, daughter of Caleb Stetson, of Braintree, and second in Boston, August 
14, 1883, Margaret, daughter of David Greene. 

John Edward Avery, son of John and Ann Maria Avery, was born in Whitefield, 
Me., November 11, 1848, and was educated at the public schools and at the Maine 
Wesleyan Seminary. He studied law at Augusta, Me., in the office of William P. 
Whitehouse and at the Harvard Law School, and was admitted to the bar in Cam- 
bridge in June, 1872. He is unmarried and lives in Boston. 

George David Ayers, son of David and Martha Elizabeth (Huckins) Ayers, was 
born in Boston, - August 26, 1857, and received his early education at the common 
schools and the High School of Maiden. He graduated at Harvard in 1879, attended 
the Harvard Law School from 1879 to 1882, and after further study in the office of 
Gaston & Whitney, was admitted to the Suffolk bar in February, 1883. He married 
Charlotte E. Carder at Maiden, January 7, 1888, and lives in Maiden. 

James Francis Aylward, son of James and Johanna T. (Maher) Aylward, was born 
in East Cambridge, August 4, 1862, and was educated in Cambridge at the Putnam 
Grammar School and at Boston College. He studied law at the Harvard Law School 
and in Boston in the office of Gaston & Whitney, and was admitted to the Suffolk 
bar August 2, 1887. He was a member of the Common Council of Cambridge, where 
he resides, in 1888, and of the Board of Aldermen in 1889-90-91-92. 

Benjamin Vaughan Abbott, son of Rev. Jacob Abbott, was born in Boston, June 4, 
1830, and graduated at the New York University in 1850. He was admitted to the 
bar in 1851, but the writer is not certain where and inserts his name in the register 
as a native of Boston and possible member of the Suffolk bar. He devoted himself 
largely to compilations and digests with his brother Austin. He was appointed 
in 1870 to revise the Statutes of the United States, and aftewards prepared a United 
States Digest and a Digest of Decisions on Corporations, a Treatise on the Courts of the 
United States and their Practice, a Dictionary of Terms in American and English 
Jurisprudence, a National Digest of all Important Acts of Congress and Decisions of the 
United States Supreme Court, Circuit and District Courts, and Court of Claims, and 
the Fourth American edition of Addison on Contracts, and other works pertaining to 
law and practice. 

Zabdiel Bovi.s'ion Adams, was admitted to the Supreme Court of Suffolk county 
before 1807, and was practicing in Lunenburg about 1813. 



BIOGRAPHICAL REGISTER. 3Ig 

John H. P. Aherin was born in Boston, April 11, 1838, and graduated at St. Mary's 
Parochial School in 1872. He was afterwards clerk in the Suffolk Registry of Deeds 
until 1877. He then studied law with F. W. Kittredge, and acted as the conveyancer of 
Crowley & Maxwell until 1885. He then entered the Boston University Law School, 
graduating in 1886, and was admitted to the Suffolk bar in June of that year. 

Sumner Albee, son of Christopher C. and Phebe Albee, was born in Langdon, N. 
H., March 23, 1825, and graduated at Midlebury College in Middlebury, Yt. He 
studied law in Boston with Ranney & Morse, and was admitted to the Suffolk bar 
January 2, 1854. He has been a member of the Board of Aldermen in Cambridge, 
where he lives, also of the School Board and the Board of Overseers of the Poor. He 
was a representative from Cambridge in 1881 and 1882. He married Liiey Ann, 
daughter of Rev. Andrew Rankin, of Chester, Yt., August 28, 1855, and died in Cam- 
bridge, January 12, 1893. 

Rufus Bradford Allyn, son of Rev. John Allyn, was born in Duxbury, March 27, 
1792, and graduated at Harvard in 1810. He studied law in Boston with William 
Sullivan, and was admitted to the Suffolk bar July- 6, 1815. He removed from Boston 
the year of his admission to the bar and established himself in Belfast, Me. He 
married Rebecca P., daughter of Samuel Upton. 

Elbridge Roberts Anderson, son of Galucha and Mary T E. Anderson, was born in 
St. Louis, Mo., and educated at the University of Chicago. He studied law in Chi- 
cago in the office of Barnum, Rubens & Ames, and was admittted to the bar in 
Massachusetts in 1885 at Salem, practicing in Chicago two years before his removal 
to Boston. He married Lizzie Dodge Harris at Salem, Mass., May 15, 1889, and 
lives in the Dorchester District of Boston. 

George Weston Anderson, son of David C. and Martha L. Anderson, was born 
in New Hampshire September 1, 1861, and graduated at Williams College in 1886. 
He studied law in Lowell with William H. Anderson, and in the Boston University 
Law School, and was admitted to the Suffolk bar in July, 1890. He lives in Boston. 

Algusti/s Andrews, son of William A. and Maria B. (Brown) Andrews, was born 
in Freedom, N. H., June 19, 1852, and was educated at the Boston public schools, 
and studied law at the Boston University- Law School. He was admitted to the Suf- 
folk bar in 1873, and was a member of the Boston School Board in 1875. He mar- 
ried in 1878.. 

William H. H. Andrews, son of Charles and Dolly (Bradstreet) Andrews, was 
born at Pleasant Ridge, Me., May 10, 1839, and received his early education at the 
Hampden Academy^, the Maine State Seminary. He entered Bowdoin College in 
1861, but in 1862 left college and enlisted as a private in the Eleventh Maine Regi- 
ment. He was commissioned first lieutenant and regimental quartermaster March 
1, 1864, and captain October 30, 1865. He removed to Boston in 1867 and studied law in 
the office of Charles Levi Woodbury, and that of Melville E. Ingalls, and was ad- 
mitted to the Suffolk bar April 20, 1868. He remained with Mr. Woodbury until 
1890. He has served on the School Board of Hyde Park, and was the manager of 
the Boston Post in 1885 and 1886. He married Elizabeth Wood, of Philadelphia, 
October 22, 1873, and died in Philadelphia April 20, 1892. 



3 2o HISTORY OF THE BENCH AND BAR. 

Fran< is Henry Appleton, son of William Appleton, was born in Boston .Septem- 
ber 11, 1823, and graduated at Harvard in 1S42. He was admitted to the Suffolk bar 
in 1846, and died in Somerville, Mass., May 28, 1854. 

John Henry Appleton, son of Charles T. P. and Sarah Jane (Merrill) Appleton, 
was born in Somerville, Mass., and received his early education at the Mayhew Gram- 
mar School and the English High School, in Boston. He graduated at Harvard in 
1875. He graduated at the Harvard Law School in 1877, and was admitted to the 
bar in Middlesex county in June, 1878. He married Dora E. Shearer in Cambridge, 
March 30, 1880, and lives in Cambridge. 

Thomas Henry Armstrong, son of Elias Benjamin and Abigail (Parkhurst) Arm- 
strong, was horn in Watertown, Mass., July 24, 1847, and was educated at the Walt- 
ham High School and Tufts College, graduating from the latter in 1869. He 
studied law in Boston in the office of Thomas L. Wakefield, and was admitted to the 
Suffolk bar March 8, 1872. He has been a trustee of Tufts College since 1877, and 
treasurer of the corporation, and was city solicitor of Waltham from 1885 to 1889. 
He married Ellen F. Wellington at Waltham, June 5, 1876, and lives in Waltham. 

Stillman Boyd Allen, son of Horace O. and Elizabeth Allen, was born in San- 
ford, York county, Me., September 8, 1830, and received his early education at the 
Kennebunk Academy, the Alfred Academy, and at an educational institution in Yar- 
mouth, Me. At the age of eighteen he shipped as a sailor, and on his return voy- 
age was wrecked on Cape Cod and washed ashore with little of life remaining. 
Abandoning the sea he lived at Kittery, Me., for a time, holding a position in the 
navy yard, teaching school, and devoting some of his time to the study of law. He 
afterwards entered the office of Daniel Goodnow, of Alfred, as a student, and com- 
pleted his law studies with W. H. Y. Hackett, of Portsmouth, N. H. He was ad- 
mitted to the bar in his native county in September, 1853, and began practice in Kit- 
tery. In May, 1861, he removed to Boston, and was admitted to the Suffolk bar on 
the 17th of the following June. In 1863 he became associated in business with John 
D. Long, and in 1876 and 1877 was a member of the Massachusetts House of Repre- 
sentatives. His arrival in Boston marked the beginning of a career which, from ex- 
tent of business and its lucrative results, has been rarely surpassed at the New Eng- 
land bar. .The firm of which he was the head was at first Allen, Long & Savage, but 
after Mr. Savage left it, and Alfred Hemenway entered, it became Allen, Long & 
Hemenway. Notwithstanding the large amount of professional work in which he 
was engaged, he felt a deep interest in other matters connected with the welfare of 
the community and gave liberally of his means to develop and maintain them. Both 
religious and secular education he had always at heart, and the church and the school 
were his constant beneficiaries. The writer has been told that for many years he 
kept constantly at Harvard some poor and deserving young man, educating and sup- 
porting him at his own expense. During almost his entire residence in Boston he 
was a member of the School Board, and during the same period he was a prominent 
and active member of the Berkeley Street Church, devoting much time to the work 
of the Sunday School. It has been said by a member of this church "that the ag- 
gregate of his contributions to the church would be a handsome fortune; yet this 
was less than his private charities, which flowed in a constant stream." He married 
at Kittery, September 7, 1854, Harriet S., daughter of Joseph and Mary Seaward, 
and died in Boston June 9, 1891. 




illllll 







IL~, 



BIOGRAPHICAL REGISTER. 321 

Stephen Merrill Allen was born in Burton, now Albany, N. II., April 15, 1819. 
At four vcars of age he removed to Tarn worth, N. II., at eighl to Dover, N. II., and 
at twelve to Corinna, Me. At seventeen he came to Bosto tided the Boston 

Latin School. At the age of fifty he removed to Duxbury, and is now again a resi- 
dent of Boston. He was admitted to the Suffolk bar December 9, 1850, but never 
practiced. He married first, April 15, 1841, Ann Maria, daughter of William Grid- 
ley, and second, Ann Maria, daughter of Eli Jones, of Woburn. Horace G. Allen, 
a recent candidate for mayor of Boston, nominated by the Republicans, is his son. 

Frederick Allen, son of Jonathan, was born in Chilmark, Mass., December 22, 
1780, and studied law with Homes Allen, of Barnstable, and in Pembroke with Kil- 
born Whitman, and in Boston with Benjamin Whitman, and after admission to the 
Suffolk bar in 1805 removed to Waldoboro, Me., and in 1809 to Gardiner, Me. He 
married Hannah Bowen, daughter of Oliver and Abigail (Gardner) Whipple. 

John Hooker Ashmun, son of Eli P. Ashmun, was born in Blandford, Me., July 3, 
1800, and graduated at Harvard in 1818. In 1828 Nathan Dane, who in founding the 
law school at Cambridge had reserved to himself appointments to its professorships, 
appointed Joseph Story Dane professor of law and Mr. Ashmun Royall professor of 
law, and he took up his residence in Cambridge. He had previously been associated 
with Judge Howe and Elijah J. Mills in establishing and conducting a law school in 
Northampton. It is thought by the writer that after coming to Cambridge he had 
an office in Boston. He died in Cambridge April 1, 1833. 

Eli Porter Ashmun was admitted to the Suffolk bar before 1807. He received the 
degree of LL.D. from Harvard in 1809, and was United States Senator from 1816 to 
is is. He died in 1819. 

Edwin Wright, son of Jesse and Philura (Fuller) Wright, was born in North 
Coventry, Conn., March 7, 1821. He is descended from the Wright family of Kel- 
veden Hall at Wrightsbridge, Essex, England, which flourished in the sixteenth and 
seventeenth centuries. His father, educated for a physician, was during the larger 
part of his life an inland trader, and his mother was the daughter of a respectable 
artisan. At four years of age he removed to Lebanon, Conn., and in his youth was 
left for long periods of time in the sole charge of his father's store and accounts. In 
the discharge of the duties imposed on him he exhibited a mature and discriminating 
judgment. He was educated in his youth at the public schools, and while pursuing 
his studies he was for two seasons the assistant of the State surveyor for New London 
county, not only helping in the practical work of the survey, but making duplicate 
and often the sole calculations and plans. His later education was received at Bacon 
Academy in Colchester, Conn., and there he fitted for Yale College, where he gradu- 
ated in 1844 with the valedictory, the highest honor of the class. After leaving col- 
lege he was temporarily employed as assistant principal in the Boston English School 
and afterwards was appointed principal of the Medford High School, whence he was 
promoted to the position of grammar master in one of the Boston public schools. In 
these positions his methods of instruction, though somewhat at variance from the 
ordinary formulas, were highly effective in their results and received the most 
emphatic commendation. Having absolved the pecuniary obligations incurred dur- 
ing the period of his education, he entered the Harvard Law School and after a sea- 
41 



HISTORY OF THE BENCH AND BAR. 

son of study in that institution entered as a student the office of Benjamin F. Brooks, 
in Boston, where he soon had charge of the preparation of contracts and other legal 
documents and all matters connected with the titles and transfer of real estate. He 
was admitted to the Suffolk bar in January, 1850, and a year later began practice on 
his own account. Though securing rapidly a general practice of considerable volume 
he gradually became more especially a real estate lawyer and as such acquired an 
eminence in his profession. He was a member of the Massachusetts House of Rep- 
from East Boston in 1857 and 1867, and for several years was a member 
of the Boston School Hoard. He has delivered several courses of lectures on com- 
mercial law and has been several years by appointment a lecturer on medical juris- 
prudence in the medical department of the Boston University, as well as a lecturer 
through several seasons before the whole school. On the 9th of July, 1861, he was 
appointed a justice of the Boston Police Court to succeed George D. Wells, and 
served until the court was abolished in 1866. The business of this court was large 
and onerous, consisting of the disposition annually of 15,000 criminal and 3,000 civil 
cases, the inspection of prisons, the pardoning of criminals confined for non-payment 
ol" lines and the jurisdiction of insane cases, and owing to the age of Mr. Wright's 
associates, much more than his share of labor fell on his hands. The accuracy of his 
judgments while on the bench is attested by the fact that no decision of the court 
during the term of his service was ever overruled or abridged. On his retirement 
from the bench, Mr. Wright resumed practice with a gratifying accumulation of busi- 
ness for many years. His recreation has been found in the study of the various 
questions of the day, social, religious and ethical, and in their solution to apply the 
principles of law. On these questions he has written and lectured and always to the 
edification of his readers and hearers. He is a prominent Mason, having received the 
highest grade recognized by the fraternity in the United States. He married, Oc- 
tober 29, 1850, Helen M. , daughter of Paul Curtis, of Boston, and his residence is in 
Boston. 

Hosea Kingman, son of Philip D. and Betsey B. (Washburn) Kingman, was born 
in Bridgewater, Mass., April 11, 1843. His early education was received at the 
Bridgewater Academy in Bridgewater and the Appleton Academy in New Ipswich, 
X. H. He entered Dartmouth College in 1860, but left college in 1862 and enlisted 
on the 22d of September in that year for nine months' service in Company K, Third 
Massachusetts Regiment. He went with his regiment to Newberne, N. C, and in 
December was detailed on signal service and went to Port Royal, S. C. , and thence 
to Folly Island in Charleston Harbor, and was discharged at expiration of service, 
June 22, 1863. He then returned to Dartmouth and joined his class, making up for 
absent time and graduating in due order in 1864. He studied law with Williams 
Latham in Bridgewater and was admitted to the bar in Plymouth in 1866, associating 
himself at once in business with his instructor, Mr. Latham, under the firm name of 
Latham & Kingman. Mr. Latham retired in 1871, and since that time Mr. Kingman 
has practiced alone, constantly strengthening himself in the law, accumulating busi- 
ness and securing the confidence of the community. In 1874, and for many years 
after, he was chosen commissioner of insolvency; November 12, 1878, he was ap- 
pointed special justice of the First District Court of Plymouth county; in 1886 he was 
chosen district attorney for the Southeastern District of Massachusetts, which posi- 



Biographical register. 223 

tion he resigned to assume the duties of a member of the Metropolitan Sewage 
Commission, under an appointment by the governor, of which commission he is chair- 
man. He is trustee of the Pilgrim Society, of the Bridgewater Savings Bank and 
Bridgewater Academy, and in the Masonic fraternity, is charter member of Bridge- 
water Lodge, No. 1,039 of Knights of Honor, of which he is past dictator. In at- 
tempting to describe the traits which characterize him as a lawyer, it is perhaps suf- 
ficient to say that he has all the qualifications essential for a good judge, and it is 
not too much to say that his future appointment to a seat on the bench will depend 
chiefly on his willingness to accept it. He married Carrie, daughter of Hezekiah and 
Deborah (Freeman) Cole, of Carver, Mass., June 21, 1N66. He lives in Bridgewater, 
with an office in that town and one in Boston. 

Jonathan White, son of Jonathan and Abigail (Holbrook) White, was born in East 
Randolph, Mass., August 22, 1819, and fitted for college at Phillips Academy, An- 
dover. He graduated at Yale in 1844. He studied law at the Harvard Law School, 
and was admitted to the Suffolk bar August 4, 1847. He removed to North Bridge- 
water, now Brockton, in 1849, and established there a residence and business which 
he has continued to the present time. He was a representative in 1860, and a mem- 
ber of the Senate in 1869-1877-1878. He is a man possessing a clear, logical mind, 
sharp, concise and earnest in its expression, and thoroughly trusted in every position 
in which he has been called to serve. He married Nancy Mehitabel, daughter of 
John Adams, of Holbrook, Mass. 

Ellis Wesley Morton, son of Ellis J. and Abby S. (Anthony) Morton, was born in 
North Bridgewater, now Brockton, October 8, 1848. He was educated at the Adel- 
phian Academy, the North Bridgewater Academy and the Classical High School of 
Providence, R. I. He graduated at the Harvard Law School in 1861, and was ad- 
mitted to the Suffolk bar on the 8th of October in that year. Practicing in Boston, he 
was appointed assistant United States attorney for Massachusetts November 1, 1861, 
and was admitted to the bar of the United States Supreme Court in March, 1864. He 
was a representative and senator from Boston, and died in September, 1874, at what 
appeared to be the threshold of a brilliant career. 

Bradford Kingman, son of Josiah Washburn and Mary (Packard) Kingman, was 
born in North Bridgewater, now Brockton, January 5, 1831. During his youth he 
attended the common schools, the Adelphian Academy and the Williston Seminary in 
Easthampton, Mass. He studied law with Lyman Mason in Boston and at the Har- 
vard Law School, and was admitted to the Suffolk bar April 21, 1863, making Boston 
his place of business and Brookline his place of residence. His taste for literary and 
historical pursuits led him early away from the paths of law, and in 1866 he published 
an elaborate history of his native town. He married Susan, daughter of Thomas and 
Susanna (Bradford) Ellis, of Plympton, Mass., and lives in Brookline. 

Jacob B. Harris was born in Winchester, Mass., and settled in Abington, Mass., 
in the practice of law. Where he studied law and where he was admitted to the bar 
the writer has not been able to learn. His name is not on the admission roles of 
either Suffolk, Essex, Middlesex, Worcester or Plymouth counties, but he was a mem- 
ber of the Suffolk bar in 1873. He was a representative from Abington in 1861 and 
1862, and was appointed judge of the District Court of the Second Plymouth County 
District on the establishment of that court in 1874. He was selected by the Supreme 



3 2 4 J //STORY OF THE BENCH AND BAR. 

I to defend Sturtevant, the Halifax murderer,. and his efforts in behalf of the 
criminal elicited th 5t praise. He died in January, 1ST."). 

i AM ix v on of Zechariah and Abigail (Kilborn) Whitman, was born in 

in 1768, and graduated at Brown University in 1788. He established 

• bin II , in 1792, and was the first lawyer in that town. He was 

admitted to the Suffolk bar before going to Hanover, and returned to Boston in 1805. 

While in Hanover he was postmaster, and at the establishment of the Boston Poliee 

Court in 1822 he was ap chief justice. He was a representative from Boston, 

ibout 1834. 

William II. Wood, son of Wilkes and Betsey W. (Thompson) Wood, was born in 
Middleboro', Mass., October 24, 1811, and was descended from Henry Wood, who 
came to Plymouth from England in 1(14:!, and pm-chased land in Middleboro' in 1667. 
He was educated a1 Peirce Academy in Middleboro' and Brown University, gradu- 
ting in 1834. After leaving college he was for a year the principal of Coffin Academy 
in Nantucket, and th died law in his father's office, completing his education in 

Boston in the office of Horace Mann and at the Harvard Law School. He was ad- 
mitted to the bar at Plymouth in 1842, and associated himself in business with John 
S. Eldridge in Boston. Not long' after, owing to delicate health, he retired to 
Middleboro', where he resided and practiced until his death. An original member of 
the Free Soil party he was chosen to the State Senate in 1848. In 1849 he was de- 
feated by the Whigs on account of his anti-slavery sentiments, but was reehosen in 
1850. In is."):! he was a member of the Constitutional Convention, in 185? was a rep- 
resentative, and in 1858 a member of the Executive Council. On the 19th of Septem- 
ber, 1858, Aaron Hobart, judge of probate for Plymouth county, died, and Mr. Wood 
was at once appointed as his successor. He remained in office until his death. 

Bartholomi u Brown, son of John and Guiger (Hutchinson) Brown, was born in 
Danvers, Mass., Septembers, 1712, and graduated at Harvard in 1799. He was ad- 
mitted to the Suffolk bar before 1807 and established himself in East Bridgew r ater. 
He was through life devoted to music, and was at one time president of the Boston 
Handel and Haydn Society. He was a composer of a large number of pieces of 
sacred and secular music, and was one of the most popular soloists of the society. 
The last few years of his life were spent in Boston. He married in East Bridgewater, 
November 20, 1801, Betsey, daughter of General Sylvanus Lazed, of Bridgewater, 
and died in Boston, April 14, 1814. 

Seth Miller was born in Middleboro', Mass., January 10, 1801, and graduated at 
Brown University in L823. He studied law in Middleboro' with Wilkes Wood and in 
ton with Thompson Miller, and was admitted to the Suffolk bar in October, 
1826. Not long after he established himself in Wareham, and remained there in 
itant practice during life. He was a trial justice in Wareham many years, a mem- 
ber of the Constitutional Convention in 1853, and president of the Plymouth County 
l1 ion from the date of its organization in 1867 until his death. He died at 
Wareham, unmarried, August 22, 1876. 

William BaylI] % son of Dr. William and Bathsheba (White) Baylies, was born in 
Dighton, Mass., Sep L5, 1776, and received his early education in one of the 

public schools of that town under the instruction of John Barrows, a graduate of Har- 
vard in 1776. He graduated at Browui University in 1795, and studied law with 



BIOGRAPHICAL REGISTER. 325 

Seth Pad elf orcl in Taunton. lie was admitted to the bar of Suffolk county before 
1807, and established himself in Dighton. He was a representative from 1808 to 
is*2(! and in 1831, and a senator in 1825. In 1812 he was chosen member <>( Congress 
and rechosen in 1814, and also in 1830 and is:;-,'. In 1831 In- received the degree 
LL.D. from Harvard. For many years during the latter part of his pri nal life 

he made his home in West Bridgewater, and confined his business to that which 
sought him there. Since the introduction of railroads clients have more and more 
sought counsel in Boston, and as a necessary consequence cottntry lawyers havi 
compelled to open offices in Boston to intercept them. But in the days of. Mr. Bay- 
lies many of the ablest lawyers in the State had their offices in small towns and 
smaller hamlets and there lived and flourished and won enviable reputations. In 
Plymouth county there were Mr. Baylies in West Bridgewater, Ebenezer (lav in 
Hingham, Kilborn Whitman in Pembroke, Thomas Prince Beal in Kingston, Nahum 
Mitchell in East Bridgewater, Abraham Holmes in Rochester and Zeehariah Eddy in 
Middleboro', all following the county circuits, but never finding any inducement to 
leave their native town for wider fields of effort in the cities of the State. The writer 
of these sketches savs of him, in the History of Plymouth County recently published, 
that "his last appearance in court was in January, 1849, in Alden B. Weston and 
others against Alfred Sampson and others, when he appeared for defendants. On the 
question at issue this was a leading case, the decision of which involved extended 
interests along the seaboard of the Old Colony. It was an action of trespass, quare 
clausum fregit, originally brought before a justice of the peace and submitted to the 
Court of Common Pleas and finally" brought by appeal to the Supreme Court on the 
following agreed statement of facts: It was admitted that the plaintiffs were the 
proprietors of a tract of upland described in the writ, with the flats adjoining, at 
Powder Point (so called in Duxbury) bordering on the bay. The defendants, inhab- 
itants of Duxbury, went in their boat on said flats, and there, at low water, dug five 
bushels of clams and carried them away in their boat. The place where the clams 
were dug was between high and low water mark and within one hundred rods of the 
shore of the plaintiff's upland. If the court shall be of the opinion that the defendants 
had a right so to dig and carry away said clams, the plaintiffs are to become non- 
suited, otherwise the case is to be sent to a jury. The court decided that fishing was" 
a common law right as well fishing for shell-fish, as for those swimming in the 
water, and unless there was some colonial, provincial or State law, which controlled 
or limited that right, the inhabitants had a right to go in boats to flats between high 
and low water mark, and there take shell or other fish. The plaintiffs relied on a law 
of Massachusetts Colony passed in 1641, giving the owner of uplands the propriety so 
far as the tide ebbs and flows, when it does not ebb more than one hundred rods; but 
the court held that, notwithstanding the union of the Mas ,achusetts and Plymouth Colo- 
nies in 1692, the absence of any Plymouth Colony law or provincial law after 1692, or 
State law after the adoption of the constitution, keeps the old common law right 
alive, and justifies the defendants in their acts." Mr. Baylies died unmarried in 
Taunton, September 27, 1865, and was buried in Dighton, his native town. 

Wilkes Wood, son of Ebenezer and Sally (Bennett) Wood, was born in Middleboro, 
and was admitted to the Suffolk bar before 1807. He established himself in his 
native town, and was many years judge of probate. He married flrst Betsey Tink- 
ham, and second Betsey W. Thompson. 



326 HISTORY OF THE BENCH AND BAR. 

William Josiah Forsaith, son of Josiah and Maria (Southworth) Forsaith, was 
born in Newport, X. II., April 19, 1836, and graduated at Dartmouth College in 1857. 
udied law with Burke & Wait m Newport, and in Boston in the offices of Benja- 
min 1'". Hallett and Ranney & Morse, and was admitted to the Suffolk bar in 1*00. 
.as appointed special justice of the Boston Municipal Court, January '2:!, 1872, 
and promoted to associate March 8, 1882, and is still on the bench. He married 
Annie Maria Yeazie at Bangor, Me., October 31, ISC)."), and lives in Boston. 

orge R. Fowler, son of Asa and Mary C. K. Fowler, was born in Concord, N. 
II., April 25, l s l I. and was educated at the common schools and the High School of 
that city. He spent a short time at Dartmouth College, and received an honorary 
degree nt' .Master of Arts from that institution in 1868. He studied law in Concord 
with his father, at the Harvard Law School and the Albany Law School, receiving 
the degree of LL.D. from the latter, and was admitted to the bar in Concord in April, 
IsiiT, and in Boston October 8, 1869. He was assistant clerk and clerk of the New 
Hampshire State Senate from 186.1 to 1868, has been a member of the Boston city 
government, and is a special justice of the West Roxbury District Municipal Court. 
lie married Isabel Minot at Concord, N. H., April 24, 1878, and lives in Boston. 

Si ephen Ai si i\ Foster, son of Austin T. and Sarah H. Foster, was born in Derby 
Line, Yt, December 23, 1866, and was educated at the Goddard Seminary and Tufts 
College, He studied at the Harvard Law School and in Boston in the office of John 
C. ( ' >' nubs, and was admitted to the Suffolk bar February 2, 1*92. He lives in Boston. 

Stephen Gilman, son of Samuel and Sarah (Goodhue) Gilman, was born in Meredith 
Village, X. II., September 28, 1*19, and graduated at Harvard in 1848. He studied 
law in New York city, with Man & Parsons, and was admitted to the New York bar 
November 24, 1*11, and to the Suffolk bar in April, 1879. He married first Lucy 
A. Davis in New York city, March 12, 1870, and second Esther W. Mansfield, of 
Lynntield, Mass., August 7, 18*1, and his residence is in Lynnfield. 

Emekv Reuben Gibbs, son of Phineas Stearns and Mary Catherine (Meserve) Gibbs, 
was born in Byron, Me., October 23, 1862, and was educated at the Coburn Classical 
Institute in the class of 1**4, and at Colby University in the class of 1888. He stud- 
ied law in Boston in the office of Joseph Willard, and graduated at the Boston Uni- 
versity Law School in 1891, and was admitted to the Suffolk bar January 20, 1891. 
He married Jennie Barbour at Yarmouth, Me., January 13, 1892, and lives in 
Brookline. 

Louis Girardin, son of Louis and Sophia Girardin, was born in Philadelphia, May 
1, 1837, and was educated at the Boston Grammar and High Schools, the academy 
at Litchfield, Me., and Phillips Exeter Academy. He studied law in Boston in the 
office of Charles J. Noyes, and was admitted to the Suffolk bar June 8, 1872. He 
married Rachel A. Smith in New York city, April 20, 1862, and lives in Boston. 

Herbert Lee Harding, son of Samuel Lee and Catherine Bond Harding, was born 
in Lancaster, Mass., May 10, 1852, and graduated at Harvard in 1874. He studied 
law at the Harvard Law School, and in Boston in the office of Morse, Stone & 
Greenough, and was admitted to the Suffolk bar in December, 1877. He has been a 
member of the Boston Common Council. He married Lucy Austin in Charlestown, 
Mass., October 13, 1**0, and lives at Jamaica Plain. 




"*** 







/Z4>/^U(/71L 




BIOGRAPHICAL REGISTER. 327 

John Le Grand Harvey, son of John and Susanna Harvey, was bom in North 
Fairfield, O., December 5, 1857, and was educated at the Ohio Wesleyan University 
and Boston University. He studied law at the Boston University Law School, and 
in Boston in the office of B. B. Johnson, and was admitted to the Suffolk bar in July, 
1888. He has been water commissioner in Waltham, where he resides. He married 
Fanny C. Johnson at Haverhill, October 15, 1889. He has written treatises on "Law 
as a Factor of Civilization," and on "The Torrens System of Land Transfer." 

Albert Augustus Gleason, son of Zelotes and Sarah Adelaide (Scott) Gleason, was 
born October 10, 1863, and was educated at Phillips Exeter Academy, and Harvard 
College, graduating from the latter in 1886. He graduated at the Harvard Law 
School in 1889 and was admitted to the Suffolk bar in June, 1890. He is the author 
of several historical papers. Residence, Boston. 

William Alanson Abbe, was born in Litchfield, Conn., in is:;."), ami fitted for col- 
lege at Phillips Academy, Andover. He graduated at Amherst in 1857 and studied 
law in Boston, being admitted to the Suffolk bar November 1, 1802. Shortly after 
his admission he went to Colorado in the interest of a mining company, and there 
became associated with Professor Hill, of Brown Universitv, afterwards United 
States Senator from Colorado, in the Boston and Colorado Smelting Company. He 
remained in Colorado ten years, and was at one time mayor of Black Hawk in that 
State. He finally established himself in New Bedford, where he resided the last ten 
years of his life, a director in several of the large mills in that city and in Fall River. 
He died in New Bedford November 25, 1892. 

Augustus Oliver Allen, son of Frederic and Hannah Bowen (Whipple) Allen, was 
born in Gardiner, Me., December 21, 1826, and graduated at Bowdoin College in 
1848. He studied law in the office of his father at Gardiner and was admitted to the 
Suffolk bar October 14, 1850. He was a representative in 1865 and 1866 from Boston, 
and later a senator. He married Sarah Ann, daughter of Franklin Haven, of Bos- 
ton, in 1869, and died in the same year. 

Charles Edward Allen, son of Frederick and Hannah Bowen (Whipple) Allen, 
was born in Gardiner, Me., November 20, 1816, and graduated at Bowdoin College 
in 1835. He studied law in Gardiner in the office of his father, and in Bangor in the 
office of Judge Appleton, and was admitted to the bar in Augusta, Me. , in 1835, and 
to the Suffolk bar in 1846. He is unmarried and lives in Boston. 

Frederic Wright Bliss, son of Cyrus W. and Hannah T. (Munroe) Bliss, was born 
in Rehoboth, Mass., October 14, 1852, and studied law in Providence, R. I., with 
James Tillinghast, and graduated at the Boston University Law School in 1881. He 
was admitted to the bar in New Bedford in June, 1881. He was a representative in 
1891 and 1892 and has been chosen for 1893. He lives in Boston. 

Henry J. Wells was born in Charlestown, Mass., November 16, 1823, and from 
1840 to 1848 was engaged in mercantile pursuits. He then went to New Orleans, and 
in 1849 to California. He found employment in San Francisco first as assistant clerk 
and afterwards full clerk of the courts, which position he held until 1853. He then 
studied law and practiced until 1863, when he was appointed judge of the Municipal 
Court of San Francisco. He was also a member of the Board of Education, police 
commissioner, president of the Board of Aldermen, and president of the Young 



328 HISTORY OF THE BENCH AND BAR. 

Men's Christian Association. In 1856 he returned to Massachusetts and married 
Mari . oston. Aft. ' he went back to California, where 

hc rem air il L866, when he again returned to Massachusetts and became a resi- 

dent of Arlii: On the >i May, 1871, he was admitted to the Suffolk bar 

aml | iS s in Boston, with a residence in Cambridge since 1877, 

e he removed from Arlington. He was a representative in 1880 and 1881, and 
afterwards two years a senator. 

( ,i orge 1 MM i.k R( was born in Lexington, Mass., January 10, 1834, and re- 

ceived his early education at the Lexington Academy and the. Hopkins Classical 
School in Cambridge. He graduated at Harvard in 1856, and afterwards taught for 
nine years the High School in Chicopee, Mass. In 1865 he began the study of law 
and was admitted to the bar in 1866, establishing himself in Chicopee, where he has 
since remained. He was a representative in lSTd and a senator in 1876. He was 
chosen member of Congress in 1876-78-80-82, and in 1883 was chosen governor. He 
was rechosen in 1884 and 1885, and has since his retirement resumed his business in 
Chicopee, with a considerable practice in Boston. 

George A. Flagg was born in Millbury, Mass., May 2, 1845, and was educated at 
Phillips Exeter Academy and at Harvard, grad ating from the latter in 1866. He 
graduated at the Harvard Law School in I860, and was admitted to the Worcester 
county baf. He represented the Fifteenth Worcester Representative District in the 
House of Representatives in 1877, and was a delegate to the Republican National 
Convention in 1884. He was on the staff of Governor Robinson, and since 1885 has 
had an office in Boston. 

William Henry Whitman, son of Kilborn and Elizabeth (Winslow) Whitman, was 

born in Pembroke, Mass., January 26, 1817. On his father's side he was descended 

from John Whitman, who settled in Weymouth in 1638, and on his mother's side from 

Edward Winslow, one of the Mayflower Pilgrims and governor of the Plymouth 

ny. He was educated at the public schools, and studied law with Thomas Prince 

Beal in Kingston, Mass. He practiced law in Bath, Me., a short time, and then came 

to Boston about 1844, and was associated in business with Charles G. Davis. In 1851 

he was appointed clerk of the courts of Plymouth county, and removed his residence 

to that town. After the office of clerk was made elective he was chosen and rechosen 

until his death, which occurred at Plymouth, August 13, 18*9. He married first in 

18 L-6 Ann Sever, daughter of William and Sally W. (Sever) Thomas, of Plymouth, and 

rid, Helen, daughter of John and Deborah (Spooner) Russell, of Plymouth, and 

widow of William Davis of that town. 

John W. Mahar was an attorney. at the Suffolk bar in 1860. He was a major in 
the Ninth Massachusetts Regiment in the War of the Rebellion, and died in Wash- 
ington, 1). C, in 1886. 

J \mi s A. M( < i-EOi i. ii, son of Patrick and Mary Mi gh, was born in county Ca- 

van, Ireland, June 15, 1853, and came in 1859, when a child, to Massachusetts. He 
was educated at Boston College, and graduated at the Boston University Law School 
in 1S74. He was admitted to the Suffolk bar June 20, 1874, was a member of the 
Common Council in 1878, a representative from Boston in 1878-80-81, and a senator 
in Ins:;. He was also a delegate to the Democratic National Convention in St. Louis 
in 1888. 



BIOGRAPHICAL REGISTER. 3 2 9 

John H. Sherburne, was born in Charlestown, Mass., December 7, L845, and grad-