iiiiiiii! ■^^■^ ■= \N' X.:. ♦ ■ ^^ '-^ ,-0' V A^ ,,s, -^ %. v-^^ 'o 0^ : '? ° o5 -u ° > .0- ^'./^V''^^^^ «,'^ N* ■%.,^ A '^ J * A •-J '' , , ^ • O V " s ^ ""f i"^ ^ v^ ^.- v\ .^'-P- ' t .^% Digitized by the Internet Archive in 2010 with funding from The Library at Congress Al O^ A 3, ^y y htJp://www.archive.org/^details/benqhbaroflitchTQ1 kilb ^ N- o.\' ^. %''o. o ^-' ^ i- ■\ y,\ •-^'■' ^:a V^^ x^ ^.^. >*, < ^ -^ ., V ■* .'X O. '-' "^. xO^. -^^z ^: .# .0^^ s'' -^, ." .x^' ^> -r. \,x>^- .0- %4^ ^^ v^^ .0- _ ^^^^ ,T7 ./■ % i> N f. ■J- .\- .-v^ v^^' "^P ■J- \ .^' ^ ,0 o. ^': o 0' ^\^^ '"> ,0 o. ^^' . >■ "^. ^/ ^. .V^' .-^^^^^::-/'^ o 0" -^■-'"i ■xx^ V .J ,v\^ , s . x^' A .cx\ .0 o^ \o5 - o>' V- V ^0 -^^ o>' x-^' ..=, -^ V =» A. .r. TAPPING RIS^VE;. Qlounty, ([lottnecticwt irn9-i9a9 BIOGRAPHICAL SKETCHES OF MEMBERS HISTORY AND CATALOGUE OF THE LITCHFIELD LAW SCHOOL HISTORICAL NOTES BY DWIGHT C. KILBOURN Clerk of Superior Court, Member of the Connecticut Historical Society, Member of the Kansas Historical Society, Vice- President of the Litchfield Historical Society. PUBLISHED BY THE AUTHOR EITCHFIEf.D, CONN. 1909 ^ V' COPYRIGHT BY DWIGHT C. KILBOURN 1909 Edition Limited to 500 No LIBRARY of CONGRESS Two CoDies Received JUN 1 1809 Couvrnftit Entry i CL«SS A XXc. h' THE MATTATUCK PRESS WATERBURY. CONNECTICUT 7 / i of nxe ixtclxficld ffiountB gnr ilicittcatca CONTENTS ¥ ¥ List of Illustrations xi. Statk.mkxt of Till': Casf xm Ji'DCL Cjukch's Ci:xti:xxial Address j. First settlement of tlie t- it please the Court Kickapoo Lidians Banquet Old Grimes Judges Evidence, fac-similie Title page of Old Sermon PORTRAITS Allen, Henry J. Andrews, Charles B. 310 Bacon, Asa (Group) Francis Epaphro.ditus C. Baldwin, Birdseye George H. Barnes, Andrew G. Beers, Seth P. Beeman, Frederick D. Ballamy, Joseph H. Benedict, Noah B. Botsford, Henry A. Brinsmade, Daniel N. Buel, Chauncey J. Canfield, Judson Col. Samuel Case, Hubert B. Catlin. Abijah George II Church. Samuel I lie 17 Coe. William G. 78 48 Ciigswell. Leonard W. U^ 34 Cothren, William 150 122 Dowd, Wheaton F. 144 128 Ellsworth. William W. 242 14.? Ethendge. Frank W. 166 168 Fenn. Augustus A. 154 176 Foster. Jared B. 116 180 Gould, James 184 192 Granger. Miles T. 156 194 Graves, Henry B. 152 ,308 Guernsey, Howard M. 344 ,^14 Hall. Gideon 113 316 Harrison. George C. 342 3-'0 Herman. Samuel A. 250 .V'8 Hickox. George A. 250 340 Higgins. Richard T. 165 Hitchcock, Roland 114 Holcomb. Marcus H. 167 164 Hollister. Gideon H. 253 ). 220 Home, Samuel B. 254 63 Hubbard, John H. 106 63 Huntington, James 256 63 Hurlbut. William F. 142 115 Karl, John J. 344 --3 Kilbourn. Dwight C. iig 34-' Kirbv. Ephraim 170 93 McMahon. James H. 136 138 Middlebrooks. Chesterfield C. 266 78 Mills. Michael F. 78 58 Mosher. Lewis W. 336 229 Nellis. Edward A. 162 231 Nickerson. Leonard J. 163 336 Nettleton. Charles 269 232 Pierpont, John 272. 345 tS Pettibone. Augustus 78 344 Phelps, Charles B. 94 236 Porter, Charles J. 160 234 Piatt. Orville H. 276 XII II.I.rSTRATIOXS Ransom, William 1.. Reeve. Tapping — Frontispiece Roraback, Alberto T. Ryan, Thomas F. Sanford, David C. Henry S. Sedgwick, Charles F. Albert Seymour, Edward W. Origen S. Ozias Origen S.. -'ud Morris W. Moses, Jr. Sherman, Roger Smith, John Cotton Trnman Wellington B. Willey^T. Tm'kinsiton. Fr;ink II. 28. i-'4 Tnttle, Myron WariK-r, Arihnr D. 133 Donald J. ^77 Donald T. 278 Welch, (ndeon H. 280 Wessells. Col. L. W. 71 \\'heaton, (leorge 281 Williams. Frederic M. iJO Hnliert 210 Wolcoll. Frederick -'87 Gen. Oliver 287 Gov. Oliver 287 Woodruff, ("ieorge C. -'85 George M. 172 Lewis B. 290 Morris. (Group) q6 James P. 158 County Coroners .130 Messengers 299 Jury Commissioners 34-' 167 100 126 141 301 115 300 298 81 173 302 195 200 206 306 306 344 344 343 STATEMENT OF THE CASE ¥ ¥ The practice of the law in the EngHsh speaiar during his life. Charles !>. Llieli)s jiublished obituaries of a number of his attorney friends in some of the earlier volumes of Connecticut Reports, but as these are easily ac- cessible I have referred to them without republishing. In the Ijiograijhical Notes I have endeavored to include the name of every member admitted to our Bar. or coming from elsewhere to practice, excludiiig however, those who have been debarred for cause. These notes are not intended to be genealogies or eulogies, but onl\- the legal life briefiy told, and they have nearly all Ijeen pre])ared by myself. 1 deeply regret that there are so many whom I have l)een unable to trace l)eyond the mere fact of their admission. The section on the Law School C(jntains the list of its students -alphabetically arranged, with some other interesting matter relating Vhereto. So many references are made throughout the volume to Jutflo-es Reeve, Gould, Huntington, liacon and others prominently con\iected with its instruction and managenu'nt. that 1 did not think It wi^ to de\'ote more si)ace to the fmnlier liistorv of the Law School. 1 he HiSb*()i-ical Xotes include onl\- a few of the man\- trials and incidents whic^lj could be gathered from the Court Rec(')rds. but in very manv cases\the account of trials, especially those of a criminal nature, might give pc:^in to some friend or relative of the accused, which 1 have tried to av. lid doin^-. state:\[Ent of tiiic cash; xv Probably no county in the state furnished the Supreme Court in its earHer days, more knotty problems to solve and adjudicate, than Litchfield County, and a full history of its "Leading- Cases" would make an interesting' volume of itself. I have obtained all the subjects for illustration which I could and the pictures have been made fro-m originals, many of them from old and faded paintings, as I desired to place in everlasting re- membrance the faces of those gone before. in two or three in- stances I have duplicated, taking- another and ditTerent portrait for the second picture, after the first one was already in print. If any- one thinks it is easy to collect a hundred pictures of as many per- sons who have long since deceased, a trial will dispel the illusion. It is unavoidable that many errors will occur in such a work as this. Great care has been given to make it as nearly accurate as possible, and the compiler will be very glad to have his attention called to any such error, so that m due time proper corrections can be made. To the very luany friends who have aided me in this w(^rk, I wish to return my heart-felt thanks for then assistance;. I have refrained from making any acknowledgment of quotations oi c^-, tracts because I have thought that the matter itself would indicate the source from which it was taken. In conclusion I wish to say that I hope the perusal of this book will afiford the reader as niuch pleasure as it has the compiler to prepare it. Litchfield. May i. 1909. D. C. iv. "H 1851 LITCHFIELD COUNTY HISTORICAL ADDRESS DELIVERED AT LITCHFIELD, CONN. ON THE OCCASION OF THE CENTENNIAL CELEBRATION, 1851 BY SAMUEL CHURCH, LL. D. CHIEF JUSTICE OF THE STATE ^ * 1 1 i 1 - ,.' V. -1 t^^^ Sik y. :^^^ z ^^ \^ Ki^ . -I P^^^^^^^H 1 ~^^^^^^^| H||l 1 ^^1 fc, v^^^Ti^^^^^^^^l hI^IH Hi H Hon. Samuel Church, C. [. Jvidge Church's Address Fellow Citizlks : — I have no leisure now to offer apologies for my unadvised con' sent to appear before you, in this position, on the present occasion. Declining years, and the constant pressure of other duties, should have excused me. My residence of sixty-six years from my nativity in this County, and an acquaintance of half a century, of some intimacy, with the events which have transpired, and with the men who have acted in them here, and having been placed within traditional reach of our early history, I suppose, has induced the call upon me to address you. In doing this, I shall make no drafts upon the imagination, but speak to you in the simple idiom of truthful narrative. Among the most ancient and pleasant of New England usages, has been the annual gathering of children and brethren around tlie parental board on Thanksgiving day. The scene we now witness reminds me of it. Litchfield County, — our venerable parent, now waning into the age of an hundred years, has called us here, to exchange our mutual greetings, to see that she still lives and thrives, and hopes to live another century. A little display of vanity on the part of such a parent, -thus surrounded by her children, may be expected ; but speaking by me, her representative, it shall not be excessive. She must say some- thing of herself — of her birth and parantage — of her early life and progress, and of the scenes through which she has passed. She may be indulged a little in speaking of the children she has borne or reared, and how they have got along in the world. To tell of such as she has lost, and over whose loss she has mourned ; and in the indulgence of an honest parent's pride, she may boast some- what of many who survive, and who have all through this wide country made her name and her family respected. We meet not alone in this relation, but we come together as brethren, and many of us after long years of separation and absence, to revive the memories and associations of former years. Some of you come to visit the graves of parents and friends — to look again into the mansions where the cradle of your infancy was rocked, or upon the old foundations where they stood — to look 4 LITCHFIELD COUNTY BENCH AND BAR again upon the favorite tree, now full grown, which your young arms clasped so often in the climbing, or upon the great rock upon and around which many a young gambol was performed. You come to enter again, perhaps, the consecrated temples at whose altars the good man stood who sprinkled you with the waters of baptism, and from whose lips you learned the lessons which have guided your footsteps in all your after life. These are but some of the pages in the history of early life, which it is pleasant after the lapse of years to re-peruse. And now, if the spirits of these dead can pierce the cloud which hides our view of heaven, they look down with a smile of love upon your errand here ; and when you shall leave us on the morrow, many of you will feel in truth, as did the patriot Greek, "moriens rem- iniscitur Argos." A stranger who looks upon the map of Connecticut, sees at its north-west corner a darkly shaded section, extending over ahuost the entire limits of the County, indicating as he believes, a region of mountains and rocks — of bleak and frozen barrens. He turns his eye from it, satisfied that this is one of the waste places of the State — affording nothing pleasant for the residence of men. He examines much more complacently the map of the coast and the navagable streams. But let the stranger leave the map, and come and see ! He will find the mountains which he anticipated — but he will find streams also. He will find the forests too, or the ver- dant hill-sides where they have been ; and he will see the cattle on a thousand hills, and hear the bleating flocks in many a dale and glen, and he will breath an atmosphere of health and bouyancy, which the dwellers in the city and on the plain know little of. Let him come, and we will show him that men live here, and women too, over whom it would be ridiculous for the city popula- tion to boast : a yoemanry well fitted to sustain the institutions of a free country. We will show him living, moving men ; but more than this, we will point out to him where, among these hills, were born or reared, or now repose in the grave, many of the men of whom he has read and heard, whose names have gone gloriously into their country's history, or who are now almost every where giving an honorable name to the County of Litchfield, and doing service to our State or nation. The extensive and fertile plains of the Western country may yield richer harvests than we can reap ; the slave jxjpulation of the South may relieve the planter from the toil experienced by a Northern farmer ; and the golden regions of California may sooner fill the pockets with the precious metals ; — and all this may stand in strong contrast with what has been often called the rough and barren region of Litchfield hills. 'But the distinguishing traits of a New England country, which we love so well, are not there to give sublimity to the landscape, fragrance and health to the mountain atmosphere, and energy and enterprise to mind and character. CHURCir. S CEXTEXNIAT. ADDI^KSS 5 Not many years ago, I was descending the last hill in Norfolk in a stage-coach, in company with a lady of the West, whose for- mer residence had been in that town. As we came down upon the valley of the Housatonic, with a full heart and suffused eyes, she exclaimed, "Oh, how I love these hills and streams ! How much more pleasant they are to me than the dull prairies and the sluggish and turbid waters of the \A>stern country." It was an eulogy, which if not often expressed, the truth of it has been a thousand times felt before. Our Indian predecessors found but few spots among the hills of this Country, which invited their fixed residence. Here was no place for the culture of maize and beans, the chief articles of the Indian's vegetable food. Their settlements were chiefly con- fined to the valley of the Housatonic, with small scattered clans at Woodbury and Sharon. The Scaticoke tribe, at Kent, was the last which remained among us. It was taken under the pro- tection of the Colony and State ; its lands secured for its sup- port. These Indians have wasted down to a few individuals, who, I believe, still remain near their fathers' sepulchers, and remind us that a native tribe once existed there. We now see but little to prove that the on's;iiia! American race ever inhabited here. It left no monuments but a few arrow-heads, which are even now occasionally discovered near its former homes and upon its former hunting grounds. — and a sculptured female figure made of stone, not many years ago was found in this town, and is now deposited at Yale College. There are other monuments, to be sure, of a later race of In- dians ; but they are of the white man's workmanship, — the quit- claim deeds of the Indians' title to their lands ! These are found in several of the Towms in the County, and upon the public re- cords, signed with marks uncouth, and names unspeakable, and executed \vith all the solemn mockery of legal forms. — These- are still referred to, as evidence of fair purchase ! Our laws have sedulously protected the minor and the married woman from the consequences of their best considered acts ; but a deed from an Indian, who knew neither the value of the land he was required to relinquish, nor the amount of the consideration he was to re- ceive for it, nor the import or efifect of the paper upon which he scribbled his mark, has been called a fair purchase ! The hill-lands of this County were only traversed by the In- dians as the common hunting grounds of the tribes which inhab- ited the valleys of the Tunxis and Connecticut rivers on the east- ern, and the valley of the Housatonic on the western side. The first settlers of this County did not meet the Indian here in his unspoiled native character. The race was dispirited and submissive — probably made up of fugitives from the aggressions of the early English emigrants on the coast, — the successors of more spirited tribes, which, to avoid contact with the whites, had 6 LITCITFIKI.D COUNTY BENCH AND BAR migrated onward toward the setting- sun. These Indians were like the ivy of the forest, which displays all its beaitties in the shade, but droops and refuses to flourish in the open sunshine. Previous to the accession of James TI. to the throne of Eng- land, and before our chartered rights were threatened by the ar- rival of Sir Edmund Andros. the territory now comprising the County of Litchfield was very little known to the Colonial Gov- ernment at Hartford. The town of Woodbury, then large in ex- tent, had been occupied some years earlier than this, by Rev. Mr. Walker's congregation, from Stratford. The other parts of the County were noticed only as a wilderness, and denominated the Western Lands. Still it was supposed, that at some time they might be. to some extent, inhabited and worth something. At any rate, they were believed to be worth the pains of keeping out of the w^ay of the new government of Sir Edmvtnd. which was then apprehended to be near. To avoid his authority over these lands, and to preserve them for a future and better time of dispo- sal, they were granted, by the Assembly of the Colony, to the towns of Hartford and Windsor, in t686. — at least, so much of them as lay east of the Housatonic ri\er. T do not stop to exam- ine the moral quality of this grant, which may be reasonably doubted : and it was soon after followed l\v the usual consec[uences of grants, denominated by lawyers, consfnicfrvely fraudulent — dis- pute and contention. Upon the accession of William and Mary, in 1688. and after the Colony Charter had found its way back from the hollow oak to the Secretary's office, the Colonial Assembly attempted to re- sume this grant, and to reclaim the title of these lands for the Colonw This was resisted by the towns of Hartford and Wind- sor, which relied u]K;)n the inviolability of j^lighted faith and pub- lic grants. The towns not only denied the right, but actually resisted the power of the Assembly, in the resumption of their solemn deed. This i:)ro(luced riots and attempts to break the jail in Hartford, in which several of the resisting inhabitants of Hartford and Windsor were confined. It would be found difificult for the Jnrists of the ])resent day, educated in tlie principles of Constitutional Law. to justifv the Assembly in the recision of its own grant, and it can not but ex- cite a little surjirise, that the politicians of that day, who had not yet ceased to com])lain of the mother country for its attempts, by writs of quo warranto, to seize our charter, should so soon be en- gaged, and without the forms of law, too, in attempts of a kindred character against their own grantees. No wonder that resistance followed, and it was more than half successful, as it resulted in a compromise, wdiich confirmed to the claimants under the towns the lands in the town f)f Litchfield and a part of the town of New Milford. The other ]x)rtions of the territory were intended to 1)e e(|ually divided between the C(^lony and the claiming towns. church's cexte:nxial address 7 Thus Torrington. Barkhamsted, Colebrook, and a part of Har- winton, were appropriated to Windsor ; Hartland, Winchester, New Hartford, and the other ])art of Harwinton, were reHnquish- ed to Hartford : and the remaining lands in dispute, now consti- tuting the towns of Norfolk, Go&hen, Canaan, Kent. Sharon and Salisbury, were retained by the Colony. These claims having at length been adjusted, the western lands began to be explored, and their facilities for cultivation to be known. Woodbury, as I have before suggested, by several years our el- der sister in this new family of towns, began its settlement in 1674. The Church at Stratford had been in contention, and the Rev. Mr. Walker, with a portion of that Church and people, removed to the fertile region of Pomperauge, soon distinguished by the name of W^oodbury, and then including, beside the present town, also the region composing the towns of Southbury, Bethlem and Roxburw Pomperauge is said to have felt some of the effects of Philip's war — enough, at least, to add another to the many thrilling scenes of Indian depredation, so well drawn by the author of Mount Hope. Xew Milford next followed in the course of settlement. This commenced in 1707. Its increase of population was slow until 1716. when Rev. Daniel P)oardman, from Wethersfield, was or- dained as the first minister. This gentleman was the ancestor of the several distinguished families and individuals of the same name, who have since been and now are residents of that town. His influence over the Indian tribe and its Sachem in that vicinity, was powerful and restraining, and so much confidence had this good man and his family in the fidelity of his Indian friends, it is said, that when his lady was earnestly warned to fly from a threaten- ed savage attack, she coolly replied, that she would go as soon as she had put things to rights about her house, and had knit round to her seam needle ! The original white inhabitants were emigrants from Milford, from which it derives its name. Emigrants from the Manor of Livingston, in the Xew York Colony, made Indian purchases and began a settlement at Wea- togue, in Salisbury, as early as 1720. After the sale of the town- ship in 1737, the population increased rapidly, — coming in from the towns of Lebanon, Litchfield, and many other places, so that it was duly organized in 1741, and settled its minister. Rev. Jonothan Lee, in 1744. The first inhabitants of Litchfield came under the Hartford and AVindsor title, in 1721, and chiefl\- from Hartford, Windsor and Lebanon. This territoiy. and a large lake in its south-west sec- lion, was known as Pantam. Whether it was so called b\' the In- dians, has been doubted, and is not well settled. The settlement of the other towns commenced soon after, and progressed j-teadily, \€t slowly. The town of Colebrook was the last enrolle(i in this iraternity, and settled its first minister. Rev. Jonathan Edwards, in 1795. Rev. Rufus Babcock, a Baptist min- 8 LITCHFIELD COUNTY BENCH AND BAR ister, had, lor some time before this, resided and officiated in the town. One general characteristic marked the whole population ; it was gathered chiefly from the towns already settled in the Colony, and with but few emigrants from Massachusetts. Our immediate an- cestors were religious men, and religion was the ruling element; but it would be a mistake to suppose that it absorbed all others. 1 shall not detain you with an eulogium on Puritan character. This may be found stereotyped every where — not only in books and speeches, but much more accurately in its influence and efi:'ects. not in New England alone, but throughout this nation. Our American ancestors were Englishmen, descendants of the same men, and in- heritors of the same principles, by which Magna Charta was estab- lished at Runny-mede. — They were Anglo-Saxons, inspired with the same spirit of independence which has marked them every where, and especially through the long period of well defined English his- tory, and which is destined in its further developments to give tone and impress to the political and religious institutions of Christen- dom. So much has been said and written of the Puritans, I have sometimes thought that some believe that they were a distinct race, and perhaps of a different complexion and language from their other countrymen ; whereas, they were (^nly Englishmen, generally of the Plebian caste, and with more of the energies and many of the frailties and imperfections common to humanity. If our first settlers here cherished more firmly the religious elements of their character than any other., the spirit of independence to which I have alluded developed another — the love of money, and an ingenuit}' in grat- ifying it. Since the extent and resources of this County have been better known, the wonder is often expressed, how such an unpromising region as this County could have invited a population at first ; but herein we misconceive the condition of our fathers. Here, as they supposed, was the last land to be explored and occupied in their day. They had no where else to go, and the growing population of the east, as well as the barren soil of the coast, impelled them westward. Of the north-, beyond the Massachusetts Colony, noth- ing was known ; only Canada and the frozen regions of Nova Scotia had been heard of. On the west was another Colony, but a dif- ferent people ; and still beyond, was an unknown realm, possessed by savage men, of whom New England had seen enough ; and not much behind this, according to the geography of that day, was the Western Ocean, referred to in the Charter. A visible hand of Providence seems to have guided our fathers' goings. Had the valley of the Susquehanna been known to them then, they would but the sooner have furnished the history of the massacre of Wyoming. li there were here the extensive and almost impenalralile ever- glade of tile C.reen- Woods, the high hills of Goshen, Litchfield CilL'KCHS CENTENXIAI, ADDRESS 9 and Co'-iiwall, and heavy forests every where — these were trifles then in the way of a New England man's calcnlation, and had been ever since the people of the May Flower and the Arabella and their descendants had been crowding their way back among the forests. These, and a thousand other obstacles, were surmounted, with hard- ly a suspicion that they were obstacles at all, and every township began ere long to exhibit a well ordered, organized society. This was no missionary field, after the manner of modern new settlements. Every little Colony, as it became organized and ex- tended from town to town, either took its minister along with it, or called him soon after. He became one with his people, wedded to them almost by sacramental bonds, indissoluble. A Primus inter pares, he settled on his own domain, appropriated to his use by the proprietors of every town, and he cultivated with his own hands his own soil, and at his death was laid down among his parishoners and neighbors in the common cemetery, with little of monumental ex- travagance to distinguish his resting place. The meeting-house was soon seen at the central point of each town, modestly elevated above surrounding buildings, and by its side the school-house, as its nursling child or younger sister, and the minister and the master were the oracles of each community. The development of the Christian man, spiritual, intellectual and physical, was the necessary result of such an organization of society as this. The original settlers of this County were removed two or three generations from the first emigrants from England, and some of the more harsh pecularities of that race may well be supposed, ere this time, to have become modified, or to have subsided entirely. If a little of the spirit of Arch-Bishop Laud, transgressing the boundaries of Realm and Church, had found its way over the ocean, and was developed under a new condition of society here, it is not to be wondered at ; it was the spirit of the age, though none the better for that, and none the more excusable, whether seen in baud or Mather — in a Royal Parliament, or a Colonial xA.ssembl}^ Less of these peculiarities appeared in Connecticut than in ^^lass- achusetts ; and at the late period when this County was settled, the sense of oppression inflicted by the mother country, whether real or fancied, was a little forgotten, and of course neither Quakers, Prayer Books nor Christmas were the object of penal legislation. A more tolerant, and of course a better spirit, came with our fathers into this County, than had before existed elsewhere in the Colony, and, if I mistake not, it has ever since been producing here its legiti- mate effects, and in some degree has distinguished the char- acter and the action of Litchfield County throughout its entire his- tory, as many facts could be made to prove. Before the year 1751. this territory had been attached to dif- ferent Counties — most of it to the County of Hartford ; the towns of Sharon and Salisbury to the County of New Haven ; and many of the early titles and of probate proceedings of several of the lO LITCHFIELD COLXL'V ]!];XCL1 AND BAR towns, before their ort;anization or incorporation, may be found on the records of more early settled towns. The first settlements of estates in Canaan are recorded in Woodbury, and many early deeds are on record in the office of the Secretary in Hartford. In 1/5 1, the condition of the population of these towns was such as to demand the organization of a new County, and the subject was extensively discussed at the town meetings. As is always true, on such occasions, a diversity of opinions as well as the or- dinary amount of excited feeling existed, regarding the location of the shire town. Cornwall and Canaan made their claims and had their advocates — but the chief contest was between Litchfield and Goshen. The latter town was supposed to occupy the geographical center, and many persons had settled there in expectation that that would become the fixed seat of justice, and, among others, Oliver Wolcott, afterward Governor of the State. But at the October session of the General Court in 175 1, the new County was established wdth Litchfield as the County Town, under the name of Litchfield Coimty. Litchfield County, associated with the thought of one hundred vears ago ! A brief space in a nation's history ; but such an nundred years ! — more eventful than any other since the intro- duction of our Holy Religion into the world. This name speaks to us of home and all the hallowed memories of youth and years beyond our reach, — of our truant frolics, our school boy trials, our youthful aspirations and hopes ; and, perhaps, of more tender and romantic sympathies ; and many will recall the misgivings, and yet the stern resolves, with which they commenced the various avoca- tions of life in which they have since been engaged. And from this point, too, we look back to ties which once bound us to parents, brothers, companions, friends — then strong — now sundered ! and which have been breaking and breaking, until many of us find our- selves standing, almost alone, amidst what a few years ago was an unborn generation. Litchfield County ! Go wdiere you will through this broad country, and speak aloud this name, and you will hear a response, "That is my own. my native land." It will come from some whom you will find in the halls of Legislation, in the Pulpit, on the Bench, at the liar, by the sick man's couch, in the marts nf Trade, bv the Plow\ or as wandering spirits in some of the tried or untried ex- periments of life. And sure I am, that there is not to be found a son of this County, be his residence ever so remote, who would not feel humbled to learn that this name was to be no longer heard among the civil divisions of his native State. The usual officers, made necessary by the erection of the new County, were immediately appointed by the General Court. William Preston, Esq., of Woodbury, was the first Chief Justice of the County, and his Associates were John Williams, Esq.. of Sharon, Samuel Canfield. of New Milford, and Ebenezer Marsh, of Litch- 00 CHURCH S CENTENNIAL ADDRESS II field. Isaac Baldwin, Esq., was the first Clerk, and the first Sheriff was Oliver Wolcott, of whom I shall speak again. The County Court, at its first session in December of the same year, appointed Samuel Pettibone, Esq., of Goshen, to be King's Attorney, who was, wdthin a few years, succeeded by Reynold Marvin, Esq., of this village, and these two gentlemen were all in this County, in this capacity, who ever represented the King's majesty in that ad- ministration of criminal justice. The tenure of official place in the early days of the Common- wealth, was more permanent than since party subserviency has in some degree taken the place of better qualifications. The changes upon the bench of the County Court were not frequent. The office of Chief Judge, from the time of Judge Preston to the time of his successors, who are now alive, have been John Williams, of Sharon. Oliver Wolcott, Daniel Sherman, of \\'(^o(lbury, Joshua Porter, of Salisbury, Aaron Austin, of New Hartford, also a member of the Council, and Augustus Pettibone, of Norfolk. T can not at this time present a catalogue of Associate Judges. It has been com- posed of the most worthy and competent citizens of the County — gentlemen of high influence and respect in the several towns of their residence. In the office of Sheriff, (^lovernor Wolcott was succeeded by Lynde Lord, David Smith. John R. Landon, Moses Seymour, Jr., and Ozias Seymour, of this village, and the successors of these gentlemen are still surviving. Mr. Marvin w^as succeeded in the office of State's Attorney, by Andrew Adams, Tapping Reeve, Uriah Thacv, Nathaniel Smith, John Allen, Uriel Holmes, and Elisha Sterling, whose successors, with a single exception, still survive. Hon. Frederick Wolcott succeeded Mr. Ilaldwin in the office of Clerk, and this place he held, undisturbed by party influences, for forty years, and until nearly the time of his death in 1836. - The common Prison first erected was a small wooden building, near the late dwelling house of Roger Cook, Esq., on the north side of East street. This stood but few years, and in its place a more commodious one was built, nearly on the same foundation. The present Prison was built in 1812, and essentially improved within a few years. The first Court House stood on the open grounds a little easterly from the West Park, and may still be seen in the rear of the buildings on the south side of West street. It was a small building, but in it were often witnessed some of the most able efforts of American eloquence. In this humble Temple of Justice, Hon. S. W. Johnston of Stratford, Edwards of New Haven, Reeve, Tracv, Allen, and the Smiths of this County, ex- hibited some of the best essays of forensic powder. The present Court House was erected in 1798. The early progress of the County presents but a few^ incidents of sufficient note to retain a place in its traditionary history. The 12 I.ITi. Ill-li;i.l) COl'NTV P.KXCJI AND P.AR ai)i)rchension of savage incursions had passed away, and the people were left undisturbecf to carry out. to their necessary results, what might have been expected from the spirit and enterprise which brought them hither. The old French War, as it has since been called, disturbed them but little. Some of the towns in the County, moved by a loyal impulse, and a legitimate hatred of France, as well as hostility to Indians in its service, furnished men and officers in aid of some of the expeditions to the northern frontier. The pioneers here were agriculturists. They came with no knowledge or care for any other pursuit, and looked for no greater results than the enjoNuient of religious privileges, the increase of their estates by removing the heavy forest and adding other acres to their original purchases, and with the hope, perhaps, of sending an active boy to the College. Of manufactures, they knew nothing. The grist-mill and saw-mill, the blacksmith and clothier's shops, — all as indispensable as the plow and the axe, — they provided for as among the necessaries of a farmer's life. Thus they toiled on, till the hill-sides and the valleys every where showed the fenced field and the comfortable dwelling. The spinning wheel was in every house, and the loom in every neigh- borhood, and almost every article of clothing was the product of female domestic industry. Intercourse with each other was diffi- cult. The hills were steep, and the valleys miry, and the means of conveyance confined to the single horse with saddle and oillion, with no other carriage than the ox-cart in summer and the sled in the winter. The deep winter snows often obstructed even the use of the sled, and then resort was had to snow-shoes. These were made of a light rim of wood bent into the form of an ox-bow, though smaller, perforated and woven into a net work with thongs f)f raw-hide, leather or deer skin, and when attached to the com- mon shoe enabled the walker to travel upon the surface of die snow. Four-wheeled carriages were not introduced into general use until after the Revolution. Ladies, old and young, thought no more of fatigue in performing long journeys over the rough roads of the County, on horseback, than the ladies of our times in mak- ing trips by easy stages, in coaches or cars. The County Town constituted a common center, where the leading men of the County met during the terms of the Courts, and they saw but little of each other at other times. The course of their business was in different directions. The north-west towns found their markets on the Hudson River — the southern towns at Derby and New Haven — and the eastern ones at Hartford. In the luean while, and before the breaking out of the war of the Revolution, nearly every town had its settled Pastor, and the schools were every where s])ead over the territory. No manufacturing interest was prevalent in the County at first. The policy and laws of the mother country had discouraged this. r>ut the rich iron mine which had been earlv discovered in Sails- CHURCH S CENTENNIAL ADDRESS IJ bury, and the iron ore found in Kent, could not lie neglected. Iron- was indispensable, and its transportation from the coast almost impracticable. The ore bed in Salisbury had been granted by the Colonial Assembly to Daniel P^)issell of Windsor, as early as 173 1, and produces a better quality of iron than any imported from abroad or found elsewhere at home. The manufacture of bloomed iron in the region of the ore, com- menced before the organization of the County. Thomas Lamb erected a forge at Lime Rock, in Salisbury, as early as 1734, — ' probably the first in the Colony. This experiment was soon ex- tensively followed in Salisbury, Canaan, Cornwall and Kent, and there were forges erected also in Norfolk, Colebrook and Litch- field. The ore was often transported from the ore beds to the forge in leathern sacks, upon horses. Bar iron became here a sort of circulating medium, and promissory notes were more frequent- ly made payable in iron than in money. The first Furnace in the Colony was built at Lakeville, in Salis- bury, in 1762, by John Hazelton and Ethan Allen of Salisbury, and Samuel Forbes of Canaan. This property fell into the hands of Richard Smith, an English gentleman, a little before the war of the Revolution. L^pon this event he returned to England, and the State took possession of the furnace, and it was employed, un- der the agency of Col. Joshua Porter, in the manufacture of can- non, shells and shot, for the use of the army and navy of the country, and sometimes under the supervision of Governeur Mor- ris and John Jay, agents of the Continental Congress ; and after the war, the navy of the LTnited States received, to a considerable extent, the guns for its heaviest ships, from the same establishment. It will not be any part of my purpose to become the Ecclesiasti- cal historian of the County. This duty will be better performed by other pens. And yet, the true character and condition of a people can not be well understood without some study of their re- ligious state. I have already suggested, that there was here a more tolerant and better spirit than existed among the first emigrants to Ply- mouth and Massachusetts. The churches were insulated, and in a manner shut out from the disturbing causes which had agitated other portions of the Colony. I do not learn from that full and faithful chronicler of religious dissensions. Dr. Trumbull, that there was in this County so much of the metaphysical and subtle in the- ology, as had produced such bitter efifects at an earlier time, in the churches at Hartford, New Haven. Stratford ard Wallingford. The Pastors were men of peace, who had sought th( retired parishes over here in the hills and valleys, without much pride of learning, and without ambitious views. The influence of the Pastor here was oaternal ; the eloquence of his example was more potent than the eloquence of the pulpit. It might be expected, that by such a Clergy, a deep and broad foundation of future good would be laid, — 14 LITCHFIELD COL'XTV RKXCII AND BAR a fixed Protestant sentiment and its legitimate consequence, in- dependent opinion and energetic action. There was here, also, very early, another element which modi- fied and liberalized the temper of the fathers, who had smarted, as they supposed, under the persecutions of an English home and English laws. A little alloy was intermixed in the religious crucible, which, if it did not. in the opinion of all. render the mass more precious, at least made it more malleable, and better fitted for practical use. There was not in this Country an universal dislike of the Chuch of England. We were removed farther back in point of time, as I have said, from the original causes of hostility. \\'e were Englishmen, boasting of English Common Law as our birthright and our inheritance, and into this was interwoven many of the principles and usages of English Ecclesiastical polity. This respect for the institutions of the mother country, though long felt by some, was first developed in the College, and extended sooner and more widely in this County than any where else ; so that congregations worshiping with the Liturgy of the English Church were soon found in Woodbury, Watertown, Plymouth, Harwinton. Litchfield. Kent. Sharon and Salisbury, and were com- posed of men of equal intelligence and purity of character with their neighbors of the Congregational Churches. And yet, enough of traditional prejudice still remained, uncorrected by time or im- partial examinations, often to subject the friends and members of the Church of England to insult and injustice. Some of it remains still but too little to irritate or disturb a Christian spirit. The spirit of emigration, that same Anglo-Saxon temperament which brought our ancestors into the County, and which constantly pushes forward to the trial of unknown fortune, began its mani- festitations before the Revolution, and sought its gratification first in Vermont. Vermont is the child of this County. We gave to her her first Governor, and three Governors besides ; as manv as three Senators in Congress, and also many of her most efficient founders and early distinguished citizens. — Chittendens. Aliens, Ga- lushas, Chipmans, Skinner and others. The attitude assumed by A'ermont in the early stages of the Revolutionary War. in respect to Canada on the north and the threatening States of New York and New Ham])shirc on either side, was peculiar and delicate, and demanded the most adroit policy to secure her purpose of inde- pendence. Tn her dilemma, her most sagacious men resorted to the counsels of their old friends of Litchfield County, and it is said that her final course was shaped, and her designs accomplished, by the advice of a confidential council, assembled at the house of Governor Wolcott in this village. Perhaps no community ever existed, with fewer causes of dis- turbance or discontent than were felt here, before the complaints of P.ritish exaction were heard from Boston. But the first mur- murings from the East excited our quiet iwpulation to action, and in church's cente;xxial address 15 nearly every town in the County, meetings of sympathy were holden, and strong resolves adopted, responsive to the Boston complainings. The tax on tea and the stamp duty were trifles. The people of this County knew nothing of them, and probably cared no more. The principle of the movement was deeper — more fundamental ; the love of self government — "the glorious privilege of being in- dependent !" The excitement was general throughout the Country. Individuals opposed it, and from different, though equally pure mo- tives. Some supposed resistance to the laws to be hopeless at that time, and advised to wait for more strength and resources : others w-ere influenced by religious considerations, just as pure and as potent as had influenced their fathers aforetime ; others had a deeper seated sense of loyalty, and the obligations of sworn allegiance. But the County was nearly unanimous in its resistance to British claims, and saw in them the commencement of a Colonial servitude, degrading, and threatening the future progress of the country, in its destined path to wealth and glory. I believe no individual of distinction in the County took arms against the cause of the country. Our remote position from the scenes of strife and the march of armies, will not permit me to speak to you of battle-fields, of vic- tories won or villages sacked any where in our sight. We were only in the pathway between the different wings of the American army. I have no means of determining the amount of force in men or money furnished by this County in aid of the war. From the lone of the votes and resolves passed at the various town-meetings, and from the many officers and men. Continental and militia, who joined the army, I may venture the assertion, that no county in New- England, of no greater population than this, gave more efficient aid in various ways, or manifested by its acts, more devoted pa- triotism. Sheldon's was, I believe, the first regiment of cavalry which joined the army. It was raised in this County chiefly, and com- manded bv Col. Elisha Sheldon of Salisbury. The services of this regiment have been favorably noticed by the writers of that day, and on various occasions called forth the public thanks of the Commander-in-Chief. Among other officers attached to it, was Major Benjamin Tallmadge, afterwards and for many years a dis- tinguished merchant and gentleman of this village, and, for several sessions, a valuable member of Congress in the Connecticut dele- gation. Alajor Tallmadge distinguished himself bv a brilliant ex- ploit against the enemy on Long Island, for which he received the public approbation of General Washington ; and through the whole struggle, this officer proved himself a favorite with the army and the officers under whom he served. Besides these, several other officers of elevated as well as subordinate rank, were attached to the Continental army, from this County. Among them were Col. Heman Swift of Cornwall, Major Samuel Elmore of Sharon. Col. Seth \\''arner of Woodburv. Major Moses Seymour of Litchfield, l6 IITCHFIELD COUNTY BENCH AND EAR Major John Webb of Canaan. Capt. John Sedgwick and Edward Rogers of Cornwall. Col. Blagden and ^lajor Luther Stoddard of Salisbury, and many others not now recollected. Contributions in support of the war were not confined to the payment of heavy taxes, but voluntary aid came from associations and individuals in every town. The ^aggregate can not be com- puted. — if it could, it would show an amount, which, rich as we now are. I think conld not be demanded of our citizens for any cause of patriotism or philanthropy without murmurs, and perhaps, resistance. Nor was the Patriot spirit confined to men and soldiers, — it warmed the bosoms of wives, mothers and sisters, in every town. An equestrian statue of the King, of gilded lead, before the war, had stood upon the Bowling Green in New York. As soon as the news of the signing of the Declaration of Independence reach- ed New York, this was missing. Ere long it was found at the dwelling-house of Hon. Oliver Wolcott. in this village, and in time of need was melted down into the more appropriate shape of forty thousand bullets, by the daughters of that gentleman and other ladies, and forwarded to the soldiery in the field. Other la- dies still, and in other towns, were much employed in making blankets and garments for the sufifering troops. I have no means of determining the number of killed and wounded soldiers belonging to this County. Mr. Matthews, the Mayor of the city of New York, was for some time detained in this village, a prisoner of war, and it is said that his traveling trunk, and some parts of his pleasure carriage, still remain in possession of the Seymour family. Governor Franklin, the Royal Governor of New Jersey, and a son of Dr. Benjamin Franklin, was confined as a prisoner of war in our jail which was often used to detain English prisoners as well as Tories. Although the treaty of peace brought peace to other parts of the State, it did not bring it to the whole of this County. One town was left. — not to the continued and merciless inroads of British soldiers and savage Indians, as before, but to the unjust oppressions of Pennsylvania. — Westmoreland, better known to the readers of Indian tragedy by the name of Wyomi)ig. Its history is one of melancholy interest. This territory is in the valley and region of the Susquehanna River, and included the present flourish- ing village of Wilkcsbarrc. Its extent was as broad as this State. It was supposed to be embraced within our chartered limits, and such was the opinion of the most eminent counsel in England and in the Colony. Under this claim, a company associated about the year 17.S4. by the name of the Susquhanna Company, and purchased the Indian title to the country, for two thousand pounds. New York currency. This was a voluntary movement. — a people's enterprise, unsanctioned by any direct Ecgislative act, but unforbidden, and probably encouraged. Within a few vears. a settlement was ef- TEARING DOWW STATUE Of ULXdHjL 111 CHURCH S CEXTKXXIA!. ADDRESS 1/ fected upon the choice lands of the Susquehanna, chiefly by emi- grants from the counties of Windham and Xew London, with sev- eral from this County, among whom was John Franklin of Canaan, the brotlier of the late Silas Franklin, Esq., of that town, a gentle- man whose fortune and history were closely interwoven with the fortunes of that colony. The Authorities of Pennsylvania, though claiming under a later Charter, opposed this settlement, and kept up a continual annoyance until the breaking out of the war with England, and even then sympathized but little with our people there, under the dreadful afflictions which that event brought upon them. Sad indeed was the condition of the colonists of Wyoming ! — persecuted by their Pennsylvania neighbors, and left defenceless to the ravages of British troops and their savage allies ! The Legislature of this Colonv recognized this interesting band of its own children, and incorporated them into a township, by the name of Westmoreland, in 1774. and annexed it to the County of Litch- field. They would have been protected from the aggressions of Pennsylvania, if the war of the Revolution had not prevented, and the i:^ood Friends of that Commonwealth would have been comoelled to doff the Quaker a while, or quietlx' to have left our fellow-citizens in peace. Lender the protection of their parent power, this little col- ony now looked for security. The\" were a town of the Connecticut Colony, organized with Selectmen and other ordinary Town Of- ficers, and semi-annually sent their Deputies to the General Court at Hartford and Xew Haven ; chose their Jurors to attend the Courts of this County, and their Justices of the Peace were mag- istrates of the County of Litchfield, and all writs and process, served there, were returnable to the Courts of this County, and remain now upon our records. But their securitv was transient ; the war of the Revolution brought down upon them a combined force of British Provincials and Tories, from Pennsylvania, New Jersey and Xew York, and a large bodv of Indians, commanded by Brant, a celebrated chief. This whole force was directed by Col. John Butler, of infamous memory. I have no leisure to describe, in its details, the progress of the tragedy of the Wyoming massacre. Cols. John Franklin and Zebulon Butler were conspicious in their efforts to avert the sad destiny of the citizens. Tt was in vain. The battle opened on the 3d day of July, 1778. and it closed with the entire destruc- tion of the settlement. Men, women and children, whether in arms or defenceless, were devoted to the bayonet and scalping knife, and such as were so fortunate as to escape, were driven away, houseless and homeless, many of them to be dragged from their hiding places to the slaughter, and others to escape after many perils by the way. That massacre was without a likeness in modern warfare, and a stain upon the English character, for which English historians have found no apology. l8 LITCHFIELD COl-XTV P.f:XCII AND I'.AR "Accursed Brant ! he left of all my tribe Nor man, nor child, nor any thing of living birth : No, — not the dog that watch'd my household hearth Escaped that night, upon our plains, — all perished !" Men, maidens, widowed mothers and helpless infants, flying from this scene of death, are remembered by many still living, passing on foot and on horseback through this County, back to their friends here and to the eastern towns. Such was the fate of a portion of the citizens of our own County. Nine years Wy- oming had been a part of us, and after the war was over, Penn- sylvania renewed her claims and her oppressions. Our Pilgrim fathers could recount no such afflictions! Our jurisdiction ceased in 1782, after a decision by a Board of Commissioners ; but a great portion of those who had survived the conflict with the Indians, gathered again around the ruins of their former habitations, and still refused submission to the claims of Pennsylvania. Col. Frank- lin was the master spirit of resistance, and upon him fell the weight of vengance. He was arrested, imprisoned, and condemed to death as a traitor. After a long confinement in jail, he was at length released, and survived many years, and was a respectable and in- fluential memlier of the General Assembly of Pennsylvania, from the County of Luzerne. The result of the com])romise of our claim t(^ the town of West- moreland, was the acknowledgment, by Congress, of the claim of Connecticut to the Western Reserve, from which has been derived the School Fund of the State. The war of the Revolution had ceased, and left us an exhausted people. The extravagant hopes of many were disappointed : they felt the ])resent pressure, but anticipated none of the future prosper- ity and glory in reserve. This disappointment, in a neighboring State, had produced open resistence to the laws, — rebellion ! It was a contagious sj^irit, and such as municipal lines could not con- fine. Much was feared from it here. A spai"k from that flame in r)erkshire county had flown over into Sharon. One Dr. Hurl- but, an emissary of Shay's, visited that town, in the spring of 1787, to enlist men in his cause. He made some impression. The General Assembly was then in session, and took efficient measures to prevent the spread of the treasonable contagion. Col. Samuel Canfield, of New Milford, and Uriah Tracy, of this village, were sent to suppress it. Several individuals were arrested and im- prisoned in the jail of this Countv ; but, as the disturbance in the sister State subsided, the advocates of resistance to the laws were disheartened, the prosecutions were finally abandoned, and these disciples of the treasonable doctrine of resistance were permitted to go at large, punished enough by the contempt which followed them. Although the re.sources of our citizens had been consumed by a wasting war and a bankrui)t g()\ernment, the elasticity of our Col. Samuel Caxfield. church's centkxxial address 19 former enterprise was not relaxed. Released, now, froni Colonial dependence, and free to act without foreign restrictions, the ener- gies of our citizens soon recovered all they had lost. A Consti- tution of Government, uniting the former Colonies into a great nation, was proposed to the State for adoption ; and, in January, 1787, a convention of deligates from the several towns met at Hartford to consider it. The votes of the deligates from this County, upon this great question, stood, twenty-two in the affirm- ative, and nine in the negative. The negative votes were from Cornwall, Norfolk, and Sharon. Harwinton, New Hartford, and Torrington were divided. No portion of the country sooner revived under the new im- pulse, given by the establishment of a National Constitutional Government, than this County. ( )ur resources were varied. Our soil was every where strong on the hills and by the streams. \^ar- ious sections possessed their peculiarities of production. \Mieat was a staple of the western towns. Dairy products were yielded in abundance in the northern and central regions ; and. in almost every location, every species of grass, fruit, and grain, indigenous to any northern latitude, by reasonable culture, was found to flourish. We were rich in the most useful mineral in the world, and our streams of purest water afforded privileges every where for con- verting our ores into iron and our forests into building materials. But we had more — that, without which, all these were worthless ; we had an industrious, and what was better, an ecoiiomica! and an intelligent yeomanry. We had a few slaves, to be sure : not enousfh of these, nor enough of a degraded foreign population to render the toil of our own hands, in the fields, or of our wives or daughters, in the kitchen or the dairy, dishonored or disgraceful. Our peoole were Native Americans ! And here is the secret of our prosperity and progress. In 1784 the first newspaper press was established in this County by Thomas Collier, and was continued under his superintendence for more than twenty years. It was called the "Weeklv ^Fonitor." It was a well conducted sheet, and it is refreshing now. after the lapse of many years, to look through its columns, as through a glass, and see the men of other days, as they have spoken and acted on the same ground on which we stand. Mr. Collier was an able writer, and his editorial efforts would have done honor to anv journal. It is a Litchfield monitor now, and whoever shall look over its files will see, at a glance, the great changes which have been introduced, in later days, into all the departments of business and of social and political life. Then, the intercourse between the several towns in this County and the market towns was slow and difficult. The Countrv mer- chants were the great brokers, and stood between the farmer and the markets. Thev received all his produce and supplied all he wished to buv. The thriftv farmer, on settlement, received his 20 LITCTIFIELD COLXTV BENCH AND BAR annual balance from the merchant. This enabled him to increase his acres. He did not invest it in stocks ; of these he knew nothing, except such as he had seen attached as instruments of punishment, to the wliipping ])ost in every town. Tlie merchants, thus employed, almost all became wealthy. A broken merchant in the County was seldom heard of. Among the most successful and respectable of these gentlemen, whom I now recollect, were Julius Deming and Benjamin Tallmadge, of this town ; Tallmadge, of Warren ; Bacon, of Woodbury ; Lea- vitts', of Bethlem and Washington ; Starr, Norton, and Lymans', of Goshen ; Battel, of Norfolk ; King, of Sharon ; Holley, of Salis- bury, and Elijah Boardman, of New Milford, afterwards a highly res]x"ctable Senator in the Congress of the United States. At that time, Derby was the chief market towMi for many of the mer- chants in the southern towns of the County. The age of Turnpike Roads commenced about the year 1800. and no portion of the country was more improved by them than this County. Before this, a journey through the Green Woods was spoken of as an exploit. — a region now accommodated by the most pleasant road in the County. The roads constructed, about the same time, from New Haven to Canaan, from Sharon to Goshen, and from Litchfield to Hartford, changed very much the aspect of the County and its current of business, and if they have not been profitable to stockholders, they have been invaluable to the people. The spur given to agriculture by the wars following the French Revolution was felt in every thing. If our farmers have failed in any thing, it has been in a proper appreciation of their own calling. Thev have yielded a preference to other employments, to whicli they are not entitled. Tf we are to have an Aristocracy in this country, T say, let the farmers and business men. and not our idlers, be our Princes ! — not such as are ashamed of their employments and with- draw their sons from the field and their daughters from domestic labor. T would have no sucli to rule over me. But, in spite of some such false notions, agriculture has kept pace even with other branches of industry in the Countv, as the aooearance of our farms and the thrift of our farmers attest. Much of this may be attributed to an Agricultural Society, which was formed here several years ago, and has been well sustained until this time. 1 have alluded to the condition of manufactures as it was before the Revolution — limited to iron and confined to the furnace in Salis- bury and a few forges in that vicinity ; to which mav be added, the manufacture of maple sugar, to some extent by the farmers in some of the towns. Even a few years ago, this County was not believed to be destined to become a manufacturing community. During the Revolutionary War, Samuel Forbes, Esq.. commenced a most imoortant experi- ment in Canaan — the manufacture of nail rods. Before this, nails were hammered out from the bar iron — a slow and expensive process. CHURCH S CENTENNIAL ADDRESS 21 There was a slitting-mill in Xew Jersey, in which nail rods were made, but the machinery was kept hidden from pubhc inspection. Forbes wished to obtain a knowledge of it, and for this purpose employed an ingenious mechanic and millwright, Isaac 1 Benton, of Salisbury. Benton, disguised as a traveling mendicant, obtained admission to the mill, and so critically, and without suspicion, marked the machinery and its operation, as to be able immediately to make such a model of it as to construct a mill, of the same sort, for Forbes. This was the foundation of his great fortune in after life. He afterwards erected another slitting-mill in Washington, (now Woodville. ) By these he was able to supply the great de- mand for this article. This was a great improvement upon the former mode of nail-making, but was itself superseded, some years afterwards, by the introduction of cut nail machinery. Esquire Forbes, as he was afterwards familiarly called by every body, may justly be deemed the pioneer of the manufacturing interests in this County. His efforts were confined, generally, to the working of iron. His forge he extended, and accommodated to the manufactur- ing of anchors, screws, and mill irons. He introduced this branch of the iron business into this County, if not into the State. It was not long after followed by those enterprising manufacturers. Russell Hunt & Brothers, at South Canaan, by whom the largest anchors for the largest ships of the American Navy were made. The manufacture of scythes by water-power, was commenced in this County first at Winsted, by Jenkins & Boyd, in 1794. These enterprising gentlemen, with the brothers Rockwell, soon extensive- ly engaged in various branches of the manufacture of iron and steel in Winsted and that vicinity, from which originated, and has grown up to its present condition, one of the most flourishing manufactur- ing villages in the State. The furnace, in Salisbury, continued for many years in most successful operation under its active proprietors, and espec-ially its last owners, Messrs. Holley & Coffing, by whose energy and success, the iron interest, in Salisbury, has been most essentially promoted ; and it has extended into the towns of Canaan, Corn- wall. Sharon, and Kent. Ames' works, at Falls X'illage. are not equalled by any other in the State. In speaking of the iron interest, I cannot_ but allude again to the Salisbury iron ore, which is found in various localities in that town. It stands superior to any other for the tenacity of the iron which it produces, with which the armories of Springfield and Harper's Ferry are supplied, and from which the chain cables and best anchors for the Navy are made. And I am confident, if the machinery of the steam vessels and railroad cars were made ex- clusivelv from this iron, and not from a cheaper and inferior ma- terial, we should know less of broken shafts and loss of life in our public convevances. Paper was first made in this County, at the great Falls of the 22 I.lTCIU-lKI.l) CorXT^' liliXCII AXD I!A1< Housatonic. in Salisbury, by Adam \- Church, as early as 1787, and soon after in Litchfield. The first carding-machine erected, I think, in this State, was built at the great falls in Canaan, about 1802. Previous to this time, wool was carded only by females, at their own firesides. A general manufacturing polic\' was suggested by the measures of government, and not long after a more extensive experiment was made in the manufacture of woolen cloths by the late Gov. Wolcott, and his brother Hon. Frederick Wolcott of this place, than had been made in this County before ; and although the trial was disastrous to its projectors, it was the parent of the subse- quent and present prosj^erity of the village of Wolcottville. The same j^olicv has spread into almost every town in the County, and has not only extended the manufacture of iron, from a mouse trap to a ship's anchor, but has introduced, and is intro- ducing, all the various branches of manufactures pursued in this country ; and of late, the elegant manufacture of the Papier Mache. Plymouth. Xew Hartford, Norfolk, Woodbury, as well as the towns before mentioned, have felt extensively the beneficial effects of this modern industrial progress, so that our County may now be set down as one of the first manufacturing Counties in the State : and this confirms what I have said, that here are all the varied facilities of profitable em]iloyment, which can be found in any section or region o fthis country. Our young men need no longer seek adventure and fortune elsewhere ! Xeither the desire of wealth, nor the preservation of health anfl life, should suggest emigration. As soon as the war was over, and the Indians subdued into ])eace, our people rushed again to Vermont, and to the Whites- town and Genesee countries, as they were called : so that, in a few }ears. let a Litchfield County man go where he would, between the to]:) of the Green Mountains and Lake Champlain, or between L'tica and the Lakes, and every day he w^ould greet an acquaintance or citizen from his own Countv. And then followed the sale and occupation of the Connecticut Western Reserve. Alany of its original proprietors were our citi- zens : and among them, Alessrs. Boardman, of New Milford ; Holmes. Tallmadge. and Wadsworth, of Litchfield : Starr and Norton, of Goshen; Canficld. of Sharon; Johnston. Church, and Waterman, of Salisbury. For a time it seemed as if depopulation was to fol- low. The towns of Boardman, Canfield, Tallmadge, Johnson, Hud- son, and several others on the reserve, were soon filling up with the best blood and spirit of our County ; and since then, we have been increasing the population of other parts of the States of New ^'ork and ( )liio. as well as of ^Michigan, Illinois, and Indiana, so that udw there is not one of us who remain, who has not a parent, a brother, or a child, in New ^"ork, Vermont, or the States of the \\'est. And we believe that these children 'of our own raising, have CHL'KCll S CKNTKXXIAL ADDRESS 23 transmitted the impress and image of Litchfield County, to the gen- eral condition of society where they have gone, and that they have fixed there a moral likeness which proves its parentage. This em- igrating propensity has characterized the Saxon race in all times of its history ; and it is still at work, scattering us into every corner and climate, and away to dig for gold and graves in the barrens of California ! Notwithstanding this exhausting process of emigration, our population which, in the year 1800, was 41,671, has increased to the number of 46,171. I do not know that before the Revolution there was a public Grammar School in the Count}-. The ]:)re]:)aratory studies of young men, intended for collegiate course, were i)rosecuted with private instructors — generally, the Clergy ; and this course was pursued still later. Among the clergymen of the County most distinguished as in- structors, and in fitfiiig young men for college, as it was called, were Rev. Daniel Farrand, of Canaan, Ammi R. Robbins, of N^or- folk, Judah Champion, of Litchfield, and Azel Backus, D. D., of Betlilem. This last named gentleman was afterwards President of Hamilton College. Soon after the war. Academies were instituted, and among the first and best of them was the Morris Academy in the parish of South Farms, in this town, which was commenced in 1790. by James Morris, Esq. Esquire Morris was no ordinary man. He was a distinguished graduate of Yale College, and an active officer in the Revolutionary Army. His learning was varied and practical, and under his direction the Morris Academy became the most noted public school of the County, and so continued for many years. An Academy at Sharon, not long after, acquired a deserved repu- tation, under such instructors as John T. Peters, Elisha Sterling, and Barzillai Slosson. Many years afterwards an Academy was conducted in Ellsworth Society, in the same town, under the super- intendence of Rev. Daniel Parker, which soon attained a high reputation. Our relative position in the State, and the controlling influence of the cities, have left us without College, Asylum, or Retreats ; but our district schools have been doing their proper work, so that Jud.ffe Reeve remarked while alive, that he had never seen but one witness in Court, born in this County, who could not read. And these schools have not only made scholars, hut school-masfcrs, and these have been among the best of our indigenous productions, and have found a good market every where, ^^'hen Congress sat in Philadel]Vnia, a Litchfield County man was seen driving a drove of nudes through the streets. A North Carolina member congratu- lated the late Mr. Tracy upon seeing so many of his constituents that morning, and enquired where they were going, to which he facetious- ly replied, that they w.ere going to NortJi Carolina to keep school. 24 LITCHFIELD COUNTY BENCH AND BAR A new tone to female education was given by the establish- ment of a Female Seminary, for the instruction of females in tiiis village, by Miss Sarali Pierce, in 1792. This was an un- tried ex])eriment. Hitherto the education of young ladies, with few exceptions, had been neglected. The district school had limit- ed their course of studies. IVIiss Pierce saw and regretted this, and devoted herself and all of her active life to the mental and moral culture of her sex. The experiment succeeded entirely. This Acedemy soon became the resort of young ladies from all portions of the country — from the cities and the towns. Then, the country was preferred, as most suitable for female improve- ment, away from the frivolities and dissipation of fashionable life. Now, a ditferent, not a better practice, prevails. ]\lany of the grandmothers and mothers of the present generation were educated as well for gentel as for useful life, in this school, and its influence upon female character and accomplishments was great and extensive. It continued for more than forty years, and its venerable Principal and her sister assistant now live among ns, the honored and honor- able of their sex. P>efore this, and as early as 1784, a Law School was instituted in this village. Tapping Reeve, then a young lawyer from Long Island, who had commenced the practice of his profession here, was its projector. It is not known wliether in tliis country, or any where, except at the Inns of Court at Westminster, a school for the training of lawyers had been attempted. No Professorships of Law had been introduced into American Colleges ; nor was the Law treated as a liberal science. Before this, the law student served a short clerkship in an at- torney's office,— studied some forms and little substance, and had within his reach but few volumes beyond Coke's & Wood's Insti- tutes. Blackstone's Commentaries, Bacon's Abridgment, and Jacob's Law Dictionary, and, when admitted to the Bar, was better instruct- ed in pleas in abatement, than in the weightier matters of the Law. Before this, too, the Common Law, as a system, was imperfectly understood here and in our sister States. Few lawyers ha.d master- ed it. The reputation of this institution soon became as extensive as the country, and young men from Maine to Georgia sought to- finish their law studies here. Judge Reeve conducted this school alone, from its commence- ment until 1798, when, having been appointed to the Bench of the Superior Court, he associated with him, as an instructor. James Gould, Esq. These gentlemen conducted the school together for several years, until the advanced age of Judge Reeve admonished him to retire ; after which. Judge Gould contijiued the school alone until a few years before his death. It may be~said of Judge Ree\'^, that he first gave the Law a place among liberal studies in this country, — that "he found it a skeleton, and clothed it with life, color, and complexion." This school gave a new impulse to legat CIirKCll's CKXTKXXIAL ADDRESS 2^ learnin.^ an,l it was felt in the Jurisprudence as well as in the Legislation of all the States. A new subject of study, not known in any other country, had been presented to the legal student here, — the Constitution of the United States and the Legislation of Congress. Uniformity of in- terpretation was indispensable. At this institution students from every State drank from the same fountain, were taught the same principles of the Common and Constitutional Law ; and these principles, with the same modes of legal thinking and feeling and of administration were dissemin- ated throughout the entire country. Alore than one thousand lawyers of the L'nited States were educated here, and many of them afterwards among the most eminent Jurists and Legislators. Even after Judge Gould's connection with the school, an inspection of the catalogue will show, that from it have gone out among- the States of this Union, a Nice President of the United States, two Judges of the Supreme Court of the United States, forty Judges of the highest State Courts, thirteen Senators, and forty-six Repre- sentatives in Congress, besides several Cabinet and Foreign Min- isters. I have, said that this school gave a new impulse to legal learn- ing in this country. Soon after its establishment, and not before, rei)orts of judicial decisions appeared. Ephraim Kirby, Esq an able lawyer of this village, published the first volume of Reports of Adjudged Cases, in this country, — a volume which deserved and received the approbation of the profession here and elsewhere. This was soon followed by Reports in Massachusetts and New York. Standing at this point of time, and looking back over the events of an hundred years, we would recall, not only the scenes which have transpired, but revive our recollections of the men who have acted in them. ]Memory cannot raise the dead to life again ; yet it may bring back something of their presence, — shaded and dim, but almost real; — and through the records of their times we'mav hear them speak again. To some of these T have made allusion. T would speak of others. The allusion to the Law School of the County suggests to me a brief notice, also, of the legal profession here, and of its most distinguished members, as well as a further allusion to others of the sons of Litchfield County, distinguished in other professions and employments of life. In speaking of these T must confine myself to the memorx- of the dead. And here. T feel that T am under a restraint which, on anv other occasion, I would resist. I feel this chain which binds me the more as T look around on this gathering and cee some here, and am reminded of others — so many, who have contributed by splendid talents and moral worth, to make our name a prais*^ in the land. As the reoresentative of the Countv. T would most gladlv do them Hvino- homage before you all. T re- gret that T have hid so brief an onnortunitv to make this notice 26 LITCHFIELD COl'XTV liKXCII AND RAR as perfect as it sliouhl he. — a favorite theme, if I could but do it justice. 1 have not been able to learn much of the Lawyers who practiced in this territory before the organization of the County in 1751- Samuel Pettibone, Esq., of Goshen, and Reynold Marvin, Esq.. of Litchfield, (a native of Lyme.) are all of whom I can speak. Mr. Pettibone lived to a great age and died in reduced circum- stances, in 1787. Mr. Marvin was respectable in his profession, and was King's Attorney at the time of the Revolution. His resi- dence was at the dwelling of Dr. William Buel, in this village. Among the Lawyers of the new County who appeared in its Courts, were Mr. Thatcher, of New Milford, Hezekiah Thompson and Edward Hinman, of Woodbury, Mr. Humphrey, of Norfolk, John Canfield, of Sharon, Andrew Adams, of Litchfield, Mr. Catlin. of Harwinton, and Joshua Whitney, of Canaan. Of these, Messrs. Canfield and Adams became distinguished at the Bar and in public life. Mr. Canfield was the son of Samuel Canfield, of New Mil- ford, one of the Associate Judges of the County. He was a|)point- ed a member of Congress under the Confederation, but died before he took his seat. We can appreciate his character when informed that he was the chosen colleague of Johnson, Ellsworth, and Trum- bull. Mr. Adams succeeded Mr. Marvin as State's Attorney. He was esteemed an eloquent advocate, and his reputation at the Bar was distinguished. He was well versed in theological studies, and in the absence of his minister, often officiated in the pulpit. He was a member of the Continental Congress, and after the Revolu- tion, became an Associate, and then Chief Justice of the Superior Court. Before the Revolution there were but few eminent lawyers in the County, and professional gentlemen from abroad attended our courts and were employed in the most important causes. Among these were Thomas Seymour, Esq., of Hartford, and Hon. Samuel \y. Johnson, of Stratford, then standing at the head of the Con- necticut Bar. A colonial condition was, as it ever will be. un- favorable to the development of forensic talent. The change in the state of this Bar, after the War, and especi- ally after the settlement of the government, was sudden and great ; and, within a few years after this event, no County in the State and but few in other vStates, could boast of a Bar more distinguished for legal talent and high profession and moral excellence, than this. Reeve, Tracy. Allen. Kirl\v, Strong of Salisbury. Smith of Wood- bury. Smith and Canfield, of vSharon, are names which revive proud recollections among the old men of the Comity. And while these gentlemen stood before our courts there came to their company a youn<7er banrl. destined, with them, to nerjietuate the high stand- ing of the profession here: — Could Sterling, of Salisburv : Benedict, Ruggles, Boardman, Smith, ot Litchfield; Slosson, Southmavd, CILL^RCH S CENTENNIAL ADDRESS 2/ Swan, Pettibone, and afterward, A'liner, Williams, Bacon, and others. Tapping Reeve was a native of Long Island, and a distinguished gradute of Nassau Hall, New Jersey, and a tutor in that college. He commenced practice here in 1783, and was one of the most learned lawyers of the day in which he lived. He loved the law as a science, and studied it philosophically. He considered it as the practical application of religious principle to the business affairs of life. He wished to reduce it to a certain, symmetrical system of moral truth. He did not trust to the inspiration of genius for eminence, but to the results of profound and constant study, and was never allured by political ambition. I seem, even now, to see his calm and placid countenance shining through his abundant locks, as he sat, poring over his notes in the lecture room, and to .hear his shrill whisper, as he stood when giving his charge to the iur\-. He was elevated to the Bench of the Superior Court in 1798, and to the office of Chief Justice in 1804, and retired from public life at the age of seventy years and died in 1827. He published a valualde treatise on Domestic Relations, and another on the Law of Descents. Gen. I'riah Tracy was a native of Norwich, and one of the first of the i:)upils of Judge Reeve. As a jury advocate he obtained a high distinction. His- wit was pungent and his powers of oratory uncommon. He was a politician, often a member of our own Legis- lature; for several years a member of Congress, and he died in 1807, while a member of the Senate of the United States, in which body he was eminently distinguished. Col. Adonijah Strong, the father of the late Hon. Martin Strong, was unique in genius and manner, of large professional business, sound practical sense, and many anecdotes of his say- ings and doings are still remembered and repeated in the County. Hon. Nathaniel Smith, of Woodbury, a native of Washington, commenced life under discouraging circumstances. He had neither fortune nor the prospect of any, nor early education, to stimulate him. Like man\- other New England boys, he fought his way to eminence : and eminent he was ; and T cannot tell by what process he became so. He, too, was one of the early members of the Law School here. He was not a man of manv books. He seemed to understand the law, as did Mansfield and Marshall, by intuition, and to have acquired the power of language by inspiration. His was a native elof|uence vet chaste, and "when unadorned, adorned the most." T think he was one of the most nrofound lawyers and judges of this countrv. He was a member of the Council, a member of Congress, and was elevated to the Bench of the Superior Court in 1806. Hon. Nathan Smith was a \-ounger iM'other of Nathaniel Smith, and though born and reared in this County, his professional and C8 I.ITclIFlKl.I) COUNTY BENCH AND BAR. public life was passed in Xew Haven County, but he often appeared at this F>ar. He was less profound than his brother, more ardent, and perhaps more effective as a jury lawyer. He died, while a Senator in Congress, in 1835. Hon. John Allen was a native of Massachusetts and instructed by Mr. Reeve, and for several years held a commanding position at this Bar. Hon. John Cotton Smith, of Sharon, was the son of Rev. Cotton Mather Smith, of that town. A graduate of Yale College and of the Litchfield Law School, he soon took a prominent place by the side of Tracy and Nathaniel Smith at the Bar of the County. He was known as a fluent speaker, and of easy and graceful address ; he became a popular advocate. For several sessions of the Legis- lature of the State he was speaker of the House of Representatives. In Congress he sustained an enviable reputation as a presiding offi- cer. L^pon retiring from Congress he was soon placed upon the Bench of the Superior Court, from which he was promoted to the office of Governor of the State. From this he retired, and from public life, in 181 7. The remainder of his life was spent in doing good, either as President of the American Bible Society, or in dis- charging the duties of a virtuous citizen in his native town, until his death in 1845. Hon. James Gould was a native of Branford, a graduate and a tutor of Yale College. He pursued his professional studies with Judge Reeve, and, soon after coming to the Bar of this County, he became associated with him as an instructor of the Law School. Judge Gould was a critical scholar, and alwa^•s■ read with his pen in his hand, whether Law book or books of fiction or fancy, for which he indulged a passion. In the more abstruse subjects of the law, he was more learned than Judge Reeve, and, as a lecturer, more lucid and methodical. The Common Law he had searched to the bottom, and he knew it all — its j^rinciples, and the reasons from which they were drawn. As an advocate, he was not a man of impassioned eloquence, but clear and logical, employing language elegant and chaste. He indulged in no wit, and seldom excited a laugh, but was very sure to carrv a listener along with him to his conclusions. With his brethren, his intercourse was alwavs courte- ous, and with his Nounger ones, kind and affectionate. He never gave offense. In his arguments, he resorted to no artifice, but met the difficulties in his way fully in the face, and if he could not over- come them he yielded witlKnit irritation. He was ai)pointed an Associate Judge of the Superior Court in 1816, and retired from the Bench to private life soon after. Tudge Gould published an able treatise on the Law of Pleading, in which he was governed b\- the truth of Lord Coke's saying, "he knoweth not the law. who knoweth not the reason thereof." His volume has received flat- tering anproval from the most learned Jurists in this countrv and England. Judge Gould died in 1838. Joiix Cotton Sahtii. From Crayon Sketch, 1800. church's centennial address 29 Noah R. Benedict was the son of Rev. Noah Benedict, of Woodburv. a gentleman of no precocity of intellect or genius, and his first appearance at the Bar did not promise the eminence which he afterwards acquired. He studied, and the Law was the chief subject of his study. He aspired to no higher place than distinc- tion in his- profession. He engaged in none of the ordinary busi- ness transactions of societw and. as he once told me. he never gave; a promissory note in his life. With such an undivided attention to his professional calling, it was not strange that he should reach a high place at the Bar. And he did reach it, and. at the time of his death no man here stood before him. His example should be a choice model for voung lawyers. Gen. Elisha Sterling, of Salisbury, was a native of Lyme. X"o one in our profession was more assiduous in its practice than this gentleman. His causes were never neglected in their prepara- tion. The controlling points of every case he discovered quick, and pressed both, in preparation and argument, with zeal. He neglected the study of method and system in his arguments, but. when concluded, nothing had been omitted. Passing by. on this hurried occasion, a more particular notice of the galaxy of Lawyers, to whom T have alluded. T may be in- dulged in paving an afifectionate tribute to one or two, whose familiar voices still seem sounding in our Court House. Hon. Jabez W. Huntington earned his high orofessional char- acter here where he commenced and continued his practice for several years. He engaged in public life, and returned to his na- tive town of Norwich. He was elected to Congress ; afterwards he was elevated to the Bench of the Superior Court, which place he retnined until he was appointed a Senator in Congress, in which positi'^n he died in 1847. Having been associated with Judge Huntinc;Lon at the Bar and on the Bench. T can bear true testimonv to his superior abilities in both places. Of my late brother. Leman Church Esc|.. the proprieties of m\- connection will not permit me to sneak. The deep sensation pro- duced at this Bar. and the grief which tore the hearts of his num- erous friends, when he died, is the only eulogy upon his life and character to which T may refer. T had a \oung friend, unon whose opening prospects T looked with anxiety and hope. He was of generous heart and liberal hand and stimulated by an honorable ambition, which seemed nearlv at the point of eratification. when death came for its vic- tim. This friend was Francis Bacon. Esq.. who died in 1849. ^t the age of .^o vears. Hon. Oliver Wolcott. the younger, late Governor of this State. was also a member of this Bar. and though he engaged in public life soon after his admission, we are entitled to retain his name on our catalogue. I shall not speak now of his life and eminent services. They make a prominent part of the country's historv. 30 ijtchfif;i,d coixtv ukxcu and i;.\k aiul have been, within a few \ears. faithfuUy written by his near relative. He died in 1833, and I regret to say tliat his remains lie in our grave-yard, without a monument to mark his restin>" ])lace. His bust has been jiresented, on this occasion, to the Bar of this County. 1 make the same chiim to retain among the names of our de- parted brethren, that of Hon. Frederick Wolcott. a son of the elder Gov. Wolcott, of this village. He became a member of this r.ar in early life, and with high prospects of professional distinc- tion; 1)ut he accepted the i^roffered office of Clerk of the Courts and Judge of Probate for this district, in 1793. and soon relinquish- ed professional duties. For several years he was a prominent mem- ber of the Council, under the Charter administration. An intimate connexion with this gentleman, both public and i^rivate, justifies the high opinion 1 have ever entertained of his purity of life and character, his public spirit, and his frank and open bearing. I never pass by the venerable mansion of the Wolcott family, in my daily walks about this village, without recalling the stately form and ever honorable deportment of Frederick Wolcott. The duties of his official stations were discharged with the entire approbation of the community for many years, and until a short time before his death, and amidst the conflicts and overturnings in the political revolutions of the times. Roger and Richard Skinner, were sons of Gen. Timothy Skin- ner of tliis town, and members of this bar. Roger commenced business in this village, and gave assurance, by his early talents, of his future standing; but he was here in the most bitter state of Connecticut politics, and. as he believed, was compelled to escape from unmerited opposition. He removed to the State of Xew "S'ork ; soon attained a deserved eminence in his ])rofession and was ap]iointed a Judge of the United States Court, in the Xorth- ern District of that State. Richard Skinner removed to \'er- mont and jifirerwards became an enu'nent Judge of the Su]:)erior Court, and ultimately Governor of that State. Tn the clerical profession, I have remarked before, that there was earl\ manifested a disposition rather to be good than great. The clerg\- of this County were nearl\- all educated men ; and many of them rine scholars and profound divines, and if there were not as nian\ here as in some other regions, whose names have been transmitted to us as among the great ones of New Fngland. it has been because the severer calls of parochial duty, and stinted means, and Christian graces restrained their aspirations after fame. Di- \init\- ha*^ furnished die nv^st con^r-i n themr and emnlo\ed the most ])en^. We are all theolgians in Xew Fngland. Rev. Josenh Bellamy. D. D.. of P)ethlem, was probabl\- the first and most eminent of our writers on this subject. He was eloquent and im])ressive as a preacher, as well as learned and pro- foinid as a scholar and writer. He i)ul)lished several theoloQ-ical CHURCH S CKXTENXIAL ADDRESS 31 works upon practical and controversial subjects, besides occasional sermons, wliich are found in the libraries of Divines, and have been held in high repute, not only among the disciples of his ov/n peculiar o])inions. but among others, as well in Europe as in this country : and a modern edition of them has been recently pub- lished. Dr. Bellamy was the grandfather of the late Jose])h H. Uellamy, Esq., of Bethlem, a gentleman of great moral and pro- fessional worth. Rev. Jna. Edwards was a pupil of Dr. Bellamy in his theolog- ical studies, and, although not a native of this County, he resided a,mong us for several years, as the first settled minister of Cole- brook, and until he was called to the presidency of Union Col- lege, in 1799. He was the author of several volumes of great merit; and among them, a treatise u]:)on the salvation of all men, in reply to Dr. Chaimcey ; also, a dissertation on the liberty of the will in repl\' to \\'est, and observations on the langaiage of the Stockbridge Indians. Rev. Chauncey Lee, D. D., who succeeded Dr. Edwards, as minister in Colebrook, was a native of Salisbury, and a son of Rev. Jonathan Lee, of that town. He was educated for the bar, and commenced practice in his native town. This he soon relin- quished for the clerical calling. \"ery early he published a Deci- mal Arithmetic and afterwards a volume of Sermons on various subjects. TUit his most elaborate work, and the one most esteemed b\- himself, was a poem, entitled "The Trial of Virtue," being a i^araphrase of the book of b)b. Dr. Lee was a gentle- nian of some eccentricities, but a very learned divine and impres- sive preacher. Rev. Samuel J. ^lills, a native of Torrington, and son of the venerable pastor of one of the societies there, is entitled to a more extended notice than I am prepared on this occasion to repeat. Not because he was the author of books, but the author and originator of liberal and extensive benevolent effort. The noble cause of Foreign Missions in this country, is deeply indebted to him as one of its most zealous and active projectors and friends. Another of the most splendid charities of any age or country — the Colonization Society, — owes its existence to the efforts of this gentleman ; and his name will be cherished by the Dhilanthropists of the world, along with those of Howard and Wilberforce. Rev. Horace Holley. D. D.. of Salisbury, was son of ^Tr. Luther Hollev. and one of a highly distinguished and worthy family of brothers. Dr. Holle\' was first ordined pastor of a Church and Societv at Greenfield, in Fairfield County, and was one of the successors of the late Dr. Dwight, in that i:)arish. He subsequently removed to Boston and became one of the most eloquent pulnit orators among the eminent divines of that metrop- olis. He afterwards became President of Transylvania LTniver- sity in Kentuckv, and died, while vet a young man on ship-board. 32 LITCTIFIEI.D COUNTY BENCH AXD BAR when on his return fron: Xew L)rleans to Xew England. I am not informed that he left any published works behind him, except sermons delivered on special occasions. He was my class-mate in College, and I knew him well. The Rev. Dr. Backus of Rethlem. Rev. Mr. Hooker of Goshen, and Rev. Dr. Porter of Washington, are remembered as among- the most learned Divines of the County. Of the ^vledical I'rofession and the Medical Professors here, my opportunities of information have not been extensive. And yet I have known enough of them to persuade me that a more learned and useful facult}-, has not been found elsewhere in the State. Empiricism has always existed, and will exist : antl the credulity of some good men will give it countenance. We depend upon a learned medical influence, more than any thing else, to save us from its death-dealing results. As early as January, 1767, a Medical association was formed in this County, composed of the most eminent physicians then in practice here. Its object was to establish rules of practice and intercourse;- — promote medical science hy providing' for annual consultations and dissertations, and to protect the reputation of the profession and the health of the community, from the inroads of ignorant pretenders to medical science. Among the names of the gentlemen com]:iosing this body, I see those of Joshua Porter, Lemuel Wheeler, Joseph Perry, Seth Bird, William Abernethy, Samuel Catlin, Simeon Smith, Cyrus ^Nlarsli Enhraim Gitteau, John Calhoun, &c. One of the earliest physicians of the County was Oliver Wolcott. He was the son of Hon. Roger Wolcott. of \\'indsor, a former Tjovernor of the Colony. He had served as an officer in the French war, and settled himself in Goshen before the organization of the County, in the practice of his pro- fession. Whether he continued in practice as a physician after his removal to this town is not known; probably, however his official duties as Sheriff prevented it. He was subsequently honored with almost every official place which a good man would covet. — he was a member of the House of Representatives, of the Council, a Judge of Probate, a Judge of the Countv Court a Rcnresentative in Congress, a signer of the Declaration of Tn- dcDcndence. Lieutenant Governor, and Governor of his native State and n^ore than aH. the father of an excellent family. He is said to have been a man of uncommon diffidence, and dis- trustful of his own abilitv. TTis nublic communications displav sound judgment, and his more confidential correspondence a warm affection and a pure purpose. Dr. Seth Bird of Litchfield. |)robal)]\- held the first place among the earlv physicians of the County. His reputation was wide-spread. For acuteness of discrimination and soundness of iudgment he was not excelled. church's centennial address 33 Dr. Joseph Perry, of Woodl)ur\ , was not only eminent in his profession, but, what was unusual in his day. he excelled as a belles-Iettre scholar and was a gentleman well read in various branches of science. Later g-enerations produced their eminent and accomplished physicians. Dr. NFathaniel Perry, son of the gentleman just named; Dr. Daniel Sheldon, of tliis town; Drs. Fowler of Washington, Rockwell of Sharon, Welch of Norfolk Ticknor of Salisbury. Dr. Samuel W'oodward, of Torrington, was not only a physi- cian (^f high repute himself, but he was almost literally a father of the faculty. Dr. Samuel B. Woodword, late of Worcester, ^lassachusetts. Dr. Henry \^'oodward, late of Middletown, and Dr. Charles Woodward, of the same place, were his sons, — born and educated in this County. Few men in any community have attained a more eminent and useful ])osition than Dr. Samuel P>. \\'oodward. PTnder his superintendance the Insane Hosnital, at \\'orcester, was established and for manv vears conducted and now sustains a renutation equal with anv of the noble charities of this country. The Annual Reuorts of Dr. Wood\\ard and his other professional writings, and the success of his efforts in the cause of humanity, have earned for him a reputation whicli will long survive. Among the Surgeons of note, in earlier times was Dr. Samuel Catlin. of Litchfield, and at a later period. Dr. San^uel R. Gager, of Sharon. The medical profession in this County has produced some \vriters of respectabilitv. Dr. Elisha North was for several years a physician of extensive practice in Goshen, and he afterwards removed to New London. He published an approved treatise on spotted fever, which extensiveh' ])revailed in Goshen and its vicin- ity, while he resided there. Dr. Caleb Ticknor of Salisbury, was brother of the late ex- cellent Dr. Luther Ticknor, of that town, and of Dr. Benajah Ticknor, for many years a surgeon in the navy of the United States : and although a young man when he removed to New York City, about the year 1832, he rose rapidly to a high place in his profession. He published several medical works, the most ponular of which w^as, the Philosophv of Living, which consti- tutes one of the volumes of Harpers' Family Library. The Chipman family, a numerous brotherhood, removed from Salisburv to A'ermont immediately after the Revolutionary War ; it produced eminent men. Nathaniel was an officer of the Rev- olution. He became Chief Justice of Vermont, and a Senator in Congress. He published a small volume of Judicial R^norts and a larger treatise upon the Principles of Government. Daniel Chipman. a vounger brother of this gentleman, w^as a verv prom- inent member of the \^ermont Par. He was the author of a verv 34 LITCHFIELD COUNTY BENCH AND BAR creditable essay "( )n the Law of Contracts"' ; and besides a vol- ume of Law Reports, he j^ublished the Hfe of his brother Nathaniel, and also the life of Gov. Thomas Chittenden. Hon. .\mbrose Spencer, late Chief Justice of the State of Xew York, was born in Salisbury, the son of Philip Spencer, Esq, He was prepared for his collegiate course under the in- struction of Rev. Daniel Farrand, of Canaan ; studied the law, 1 believe, with Hon. John Canfield, of Sharon, whose daughter he married. Hon. josiah S. Johnston, late an eminent member of the Sen- ate of the United States, from Louisania, was a native of the same town. He was the son of Dr. John Johnston, who removed early to Kentucky. His academical studies were pursued here. Samuel ]^lf)(M-e, of Salisbury, was a profound mathmatician and enga'^ed nuich in the instruction of young; men in what was called tile surveyor's art. He published a treatise on surveying, with a table of log;arithms. It was the earliest work on that liranch of mathematical science published in this country. It introduced the method of computing contents by calculation en- tirely, without measuring' triangles by scale and dividers. It was a valuable treatise, but was nearly superseded by a more finished one b} Rev. Abel Flint, in which he borrowed much from Moore. Ethan -Vllen is deserving c^f notice only for his revolutionary services, which are matters of j^ublic histor\-. He published a nirrative of his cantivity as a prisoner of war, and a volume of Infield Theology. He was a native of this county ; the town of his nativity has been a matter of disiiute. but is not a question worth solving. We have had Poets, too. besides such as I have mentioned, who deserve a remembrance on this occasion. Ihm. John Trumbull, late one of the Judges of the Sunerior Court of the State, was born in Watertown in this Count}", in which his father was a minister. The Progress of Dulness. and McFingal. the most admired of his Poems, were written in earlv life. They are satirical nroductions, and for genuine wit have not been excelled by any modern efifort. Judge Trumbull's ac- tive life was passed chiefly in Hartford. William Ray was a Salisbur\ man. born in 1771, and while a lad developed a taste for noetrv but earlv destitution and mis- fortunes pressed udou him drove him into the Xavv of the Ignited States. He was for some time a cantive in Trinoli, and in 1808 he oublished the Horrors of Sla\'er\- and in 18.^1 a volume of Poerns. Ebenezer P. Mason was a native of Washington. \^erv few men gave more early promise of literarv and scientific distinc- tion than \-oung Mason His life and writin^jis were iiublished in T842, 1)\- l^rofessor Olmsted, of \R\e College. church"s centennial address 35 Washington has been a nursery of eminent men, of whom I •cannot now speak without violating my purpose of speaking of the dead, and not of the living. Mrs. Laura M. Thurston, of Norfolk, permitted to be pub- lished by her friends, several poetical pieces of uncommon sweet- ness and excellence, — the Paths of Life, the Green Hills of my Father Land, and others. , There are but few occasions, and these extreme ones, which call out the qualifications for military life. Gen. Peter B. Porter was the youngest son of Col. Joshua Porter, of Salisbury, of whom I have spoken before. He was a graduate of Yale College and pursued the study of the law where so many of the noted men of the country have — at the Litchfield Law School. He was among the early emigi'*ants from this County to the Gensee country. He vvas soon called to occupy places of trust and power in the State of his adoption. He was a member of Congress when the project of the Erie Can- al was first suggested, and was one who, with De Witt Clinton, originated that important national work, and is entitled to equal honor with him for it-; projection. He urged it, when in Con- gress, as a national work, in a speech of great strength, and asked for the aid of the nation. As a member of the House of Repre- sentatives, he was associated with Henry Clay on a Committee to consider the causes of complaint against Great P)ritain, and drew up the report of that Committee, recommending the declaration of the war of 1812. He thus early ardently espoused the cause of his countrw and stood by the side of Tompkins and other patriots, in their efi^orts to prosecute that war to an honoralile result. He was then a civilian onl\- ; but, impatient and mortified at the ill success of our arms upon the northern frontier— his own house pieced by the enemy's shot, on the banks of the Niagara River — he threw ofif the civil and assumed the military atti'tude. He raised a regiment of ardent volunteer troops, and at their head, soon contributed to turn the tide of success. His services at Fort Erie and the battles at the Falls, have been repeatedly told by the writers of the country's history. I will not repeat them. So highly were they esteemed by the general Government and the State, that thanks and medals were i)resented, and before the close of the war he was ofifered the chief command of the army, bv the President. Under the administration of the younger Adams he was offered, and acce]:)ted, the place of Secretarv of War. My time confines me to the notice of the most conspicuous of our sons, native and adopted ; but there were others, in everv town, perhaps of equal merit Intt with fewer onportunities of display. The list of our members of Assembly, and of men bv whose efiforts the foundations of societv were laid here, and bv 30 LITCIIFIKLD COLXTV REXCH AXD BAR whom this L'ounty has been brought from a repulsive region of mountains and rocks to its present condition of fertiUty and wealth, would show an aggregate of moral and intellectual worth whicli no region. e(|ual in extent, has surpassed. And by whom were all these eminent and excellent men reared and prepljHd for the stations which they have occupied in society ? By fathers, whose own hands have toiled — b\' mothers, who were the spinsters of the days in which they lived, and who knew and practised the duties of the kitchen as well as the parlor and to whom the music of the spinning-wheel and the loom was more necessary than that of the piano and the harpsichord. The spirit of strict economy has marked our progress from the beginning, and by no other could our fathers have left to us this heritage of good ! Removed from the profusion, and from what is esteemed the higher liberality of city habits, our County has not fallen behind other kindred communities in enc(nu"aging the benev- olent operations of these latter days. A Missionary Society, auxiliary to the Hoard of Commissioners of Foreign Missions, was established in this County, in the year 1813, and has been in active operation since. This noble charity, since its organization, has received and paid over, as near as I can ascertain, the stun of about $125,000. The benevolent offerings of other denominations — the Episcopalians, ^Methodists, and Bap- tists, to the purposes of their respective religious operations, I have no ])resent means of knowing ; that they have been equally liberal in proportion to their means, witli their Congregational brethren, I have no reason to doubt. In the year 1817, the Foreign Mission School was established in Cornwall with the special object of spreading Christian truth and the means of civilization among the heathen.. The origin of this effort, if not accidental, was gradual in its conception and develop- ment. Two young natives of the Sandwich Islands were, by the directing, and almost visible hand of Providence, thrown among us and fell under the notice of Mr. Flias Cornelius, in 1815, then a student in Yale College, and since distinguished as a Divine and Philanthropist. The names of these yoimg heathen, as known among us, were Henry Obookaih and William Tenoe. These young men were carefully instructed by Mr. Cornelius, Samuel J. Mills, ancl Edwin D wight, with a chief object of preparing them to become Christian Missionaries among their countrymen. They were soon after ])laccd under the care of Rev. Joel Harvey, then a Congrega- tional minister in Goshen ; at bis suggestion, the North Consociation of Litchfield County, became their patrons. They were, not long after joined by Thomas Hopoo, their countryman, and all were placed under ])ro])er instruction for the great object designed. lUit a more liberal and enlarged i)roject was conceived ; a Seminar} in a Christian land, for the instruction of the heathen joined with the ])ur])osc of preparing \dung inen lierc for iuissionar\- service iu' church's centennial address 37 heathen lands. It was a splendid thought, and the American Board attempted its consummation. Rev. Timothy Dwight, Hon. John Treadwell, James Morris, Esq., Rev. Drs. Beecher and Chapin, with Messrs. Harvey and Prentice, were authorized to devise and put in operation such a Seminary, and the result was, the Foreign Mission School at Corn- wall. Young natives of the Sandwich Islands, and from China, Australasia, and from the Indian nations on this Continent, as well as American youths, were instructed there. The school continued successfully until 1827. The establishment of the Sandwich Island Mission, was one of the important results of this school. Many years before the modern movement in a temperance re- formation was suggested, such a project was conceived in this town and encouraged by the most prominent men here. A Temperance Pledge was signed in May, 1789, repudiating the use of distilled liquors, by 36 gentlemen ; and among the names annexed to it, were those of Julius Deming, Benjamin Tallmadge, Uriah Tracy, Eph- raim Kirby, Moses Seymour, Daniel Sheldon, Tapping Reeve, Frederick Wolcott, and John Welch — names well known and well remembered here. I believe the first temperance association of modern date, in the County, was formed among the iron operatives at Mount Riga, in Salisbury. The results of this grand efifort have been as successful here as elsewhere. If any special cause has operated to retard the final success of this charity, it has been the strangling, death-ensuing embrace of party politicians — the scathing curse of many a good thing. x'Xs long ago as 18 16. there were dis- tilleries in every town in the County : and in New Milford, as many as 26, and in the whole County, 169! and, besides these, there were 188 retailers of spirits, who paid licenses under the excise laws of the United States, to the amount of $3,760. Whether there be a distillery in the County now. I am not informed ; I believe but very few. I have not attempted to trace the modifications of society here — its progressive changes in modes of opinion and consequent action. It would lead me too far from my object, which has been only to speak of events, and the men who have been engaged in them. Before the Revolution there was little to excite. There was a common routine of thinking, which had been followed for years — somewhat disturbed, to be sure, by what were called "iiezc lights" in religion. But the results of our emancipation from the mother country turned everything into a different channel, opinions and all. A new impulse broke in upon the general stagnation of mind which had been, and made every body speculators in morals, religion, politics, and every thing else. My own memory runs back to a dividing point of time, when I could see something of the old world and iiczv. Infidel opinions came in like a flood. Mr. Paine's "Age of Reason," the works of Voltaire, and other Deistical books, were broad cast, and young men suddenly became, as they thought, wiser 38 LITCHFIELD COUNTY BENCH AND BAR than their fathers ; and even men in high places, among us here, were suspected of infidel opinions. At the same time came the ardent preachers of Mr. Wesley's divinity, who were engaged in •doing battle with Infidelit}- on the one hand, and Calvinistic theology on the other. Here were antagonistic forces and influences, which introduced essential changes, and both have been operating ever since, And it would afford an interesting subject of investigation, to trace these influences to their results. The Methodist preachers first visited this County about the year 1787, and organized their first classes in Salisbury and Canaan. This was their first appear- ance in the State, and, I believe, in New England. In this County they were received with courtesy, and found many to encourage them among those who did not well understand the old divinity. I might detain you in speaking of the prevalence and efifects of party spirit here ; but as this, as well as denominational controversy, is unpleasant to me, I forbear. There was a time, about the year 1806, when the spirit was rife here, and led to prosecutions, fines and imprisonment, and a disturbance of social relations, which has never since re-appeared to the same extent. I need not say any thing of the present condition of the County. This you see and know. Its Railroads, penetrating regions not long since supposed to be impenetrable ; villiages rising up in the deep valleys, whose foundations have been hidden for nearly a century ; and fertility and thrift, where a few years ago were uncultivated forests and wasting water-falls. Of what shall we complain? Is it that we do not, all of us, make haste to be rich ? Ah ! is it so, my brethren ? Is there noth- ing but wealth which can satisfy a rational mind and an immortal spirit? Of the future we may indulge proud hopes, while we doubt and fear. Progress is the word of modern theorists, but of doubtful import. Innovation is not always progress towards useful results. Of this we, who are old, believe we have seen too much, within a few years, and fear much more to come. (Xir County is but a small part of a State and Nation, and so our fate stands not alone. We can but look to our political institutions as our ultimate pro- tectors, and I urge upon you all, my brethren, their unwavering support. Our Constitution requires no innovating process, to im- prove it. It demands of us more than a mere political respect and preference — almost a religious reverence. Love for it, in all its parts, in every word and sentence which compose it, should be interwoven into all our notions of thinking, speaking and acting'. Disturb but one stone in this great arch — but one compromise in this holy covenant — and the whole must tumble into ruin ! j^atly SliQljtB SKETCHES OF THE EARLY LIGHTS OF THE LITCHFIELD BAR BY HON. DAVID S. BOARDMAN 1860 BOARDMAN S SKETCHES 4I PATRIDGE THATCHER. Patridge Thatcher was the first man who practiced the legal pro- fession in New Milford. He was not educated to the profession, but took up the trade, because there were none of the craft hereabout, when this county was organized, which was after he came to middle age. He was a native, I have been told, of Lebanon in this state, and came to New Milford, I know not how long ago. He was, how- ever, a married man at the time. He had no children ; but a large number of negroes, whom he treated with kindness enough to put to shame the reproaches of all the abolitionists in New England. He was a man of strong mind, of rigid morality, and religious to the letter according to the strictest sect of orthodox episcopacy. He adored Charles I. as a martyr and he hated Oliver Cromwell w^orse than he did the evil one. Loyalty, unconditional loyalty, was the prime element of his political creed. Of course, his name was not found in any list of the wicked Whigs of the Revolution, and had he lived in these days, he would most thoroughly have eschewed democ- racy and abolitionism. On the breaking out of the Revolutionary war, his loyalty necessarily silenced his voice in court, and he died soon after its conclusion. Lawyer Thatcher, as he was always called, was undoubtedly, a very odd, a very honest and a very good man. I wish there were many such men now, both on account of the good example they would set, and the harmless amusement they would afford. DANiEiv EVERiTT. Daniel Everitt was a native of Bethlem and settled in New Mil- ford as a lawyer, some time during the early part of the Revolu- tionary war, probably as early as '76 or 'yy, possibly earlier, as from a record I have access to I see he was married to a daughter of the Rev. Nathaniel Taylor on the first of January, 1778. and I remember that he lived here some time before that event. He had not a colle- giate education, but was a man of good education and received an honorary degree. He read law with Judge Adams of Litchfield, and I remember to have heard him say, that he occasionaly officiated in Mr. Adams" place as state's attorney, when he, (Adams) was absent in Congress, which he often was, during the war of the Revolution. Mr. Everitt was a man of much wit, boundless extravagance of ex- pression, quick conception, and in command of language and "fluency of utterance, unsurpassed, but not a man of much depth of mind nor had he much legal learning: his library extended little beyond Blackstone and Jacobs' Law Dictionary. He had, I believe, a very good run of practice, when the Court really opened to do civil busi- ness, after the conclusion of the war. His success in this respect was, however, of rather short duration ; a number of younger law- 42 LITCHFIELD COUNTY BENCH AND BAR vers having about that time commenced practice here, and other cir- cumstances conspired to carry business away from him, and he never recovered it. While studying law I heard him argue a case or two, keeping- the Court house in a roar by his wit and sarcasm, but by the time I was admitted, viz. in "95, he had about given up attending Courts at Litchtiekl, though he was not fifty years of age — and indeed he was, I think, but fifty-seven when he died in 1805. I met him, however, a few times, before Arbitrators and Justices, and had enough to do to parry his home thrusts of good natured wit. Before him I often went, as he tried almost all the Justice cases, which he always did with entire integrity and usually came to a correct con- clusion. He represented this town, I think three times in the general assembly, and as a member of the convention w^hich ratified the Con- stitution of the United States. He was a man of strict honesty, en- tire moral rectitude of conduct, and a professor of religion. He was, however, much given to sociality, and to that conviviality which some time borders on a kindred indulgence. Mr. Everitt succeeded the late Col. Samuel Canfield as Judge of Probate in this district in 1790, and held that office till his death at the time above mentioned. TAPPING REEVE. I saw much of Judge Reeve's practice at the bar for nearly five years, during which time he was engaged in almost every case of importance tried in the Superior Court at Litchfield, and never failed to argue every one in which he was engaged, if argued at all. In the County Court, after I became acquainted with him, he did not prac- tice. His school had become numerous, and he gave up his practice in that Court because (I suppose,) it too much interrupted his course of daily lectures, and knowing as he did that he should have a part in every cause expected to be tried in the Superior Court. And, by the way, trials were then managed and got through with in a reason- able time, and not sufifered to be dragged out to the abominable and shameful length which they now are, to the disgrace of the Pro- fession for indulging in it, and of the Courts for intermitting it. I joined Judge Reeve's school in the fall of 1793, and he was not placed on the bench till the spring of 1796; so that I saw him at the Bar during nine sessions of the Superior Court, and never failed to listen to him. if I could avoid it. with unqualified love and admiration through every speech he made, to its conclusion. I say zvifh love, for no instructor was ever more generally beloved by his pupils, and in- deed entirely so except it was by those whose love would have been a reproach to the object of it. As a reasoner, he had no superior within the compass of my observation of forensic performances. I mean true, forcible and honest reasoning. In sophistry, he was too boardman's sketches 43 honest to indulge, and too discerning to suiter it to escape detection in the argument of an adversary. As a speaker he was usually exceedingly ardent, and the ardor he displayed appeared to be prompted by a conviction of the justice of the cause he was advocating. His ideas seemed often, and indeed, usually, to tlow in upon him faster than he could give utterance to them, and sometimes seemed to force him to leave a sentence unfinish- ed, to begin another, — and in his huddle of ideas, if I may so express it, he was careless of grammatical accuracy, and though a thorough scholar, often made bad grammar in public speaking. Careless as he was of his diction and thoughtless as he was of ornament in ordi- nary cases, yet some elegant expressions and fine sentences would seem, as if by accident, to escape him in almost every speech. But in such cases as afforded the proper field for the display of eloquence, such as actions of slander, malicious prosecutions, etc., and in that part of such cases as usually prompt to exertions of the kind, his hur- ried enunciation and grammatical inaccuracies, all forsook him, and then he never failed to electrify and astonish his audience. Many of these used to be recited to me by those who had often heard him and it fell to my lot to witness one such occasion. In an action for mali- cious prosecution, in closing the argument, on entering upon the sub- ject of damages, he burst forth into such a strain of dignified and soul-thrilling eloquence, as neither before nor since, has ever met my ear. The first sentence he uttered thrilled through every nerve of my entire frame to the very ends of my fingers, and every succeeding sentence seemed to increase in overwhelming eft"ect. I was perfectly entranced during its delivery, and for an hour afterwards I trembled so that I could not speak plain. His manner was as much changed as his language, and to me he looked a foot taller than before. The next day I went to him and asked him to commit to writing the con- cluding part of his speech, to which request he said in the simplicity of his nature, "Why, if I should do that, perhaps I should make it better than it really was, and that would not be fair." We told him (Mr. Bacon was wdth me, ) there was no danger of that, for we knew it could not be bettered. Well, he said he would try, but he did not know whether he could recall it to memory, for there was not a word of it written before hand. A day or two after he saw me in Court, behind his seat, and beckoned me to him and said he had tried to comply with m\' request, but it was so gone from him that he could make nothing of it. I believe I have said enough in regard to Judge Reeve as an advocate, and that is the extent of your enquiry. As a Judge, you are acquainted with his reputation, historically, though you probably never saw him on the bench, as he left it nearly thirty-nine years ago, to wit, in May, t8i6, to the regret of all admirers of legal learning and lovers of impartial justice. As I loved and admired Judge Reeve while living, and mourned him when dead. I love to think and talk of him now that I have at- 44 LITCHFIELD COl'NTY BENCH AND BAR tained to a greater age than he did, though he reached some eighty- four years, and I feel tempted to obtrude upon you some such leading incidents of his life as I am in memory possessed of, and which can- not be much longer retained. Judge Reeve was the son of a Presbyterian clergyman and was born on the south side of Long Island. He was educated at Prince- ton College, where he graduated in 1763 at seventeen years of age as I have heard him say. He was immediately appointed tutor of the grammar school connected with the college, and in that station and as a tutor in the college itself, he remained seven years. He then came to Connecticut to study law, which he prosecuted in the office of Judge Root, then a practicing lawyer in Hartford, and as soon as he was admitted to the bar he settled in the practice at Litch- field. This I suppose to have been in 1772. He had previously married Sally Burr, the eldest child and only daughter of President Burr of Princeton College, and the sister of the celebrated Aaron Burr, who was a pupil of Judge Reeve in the grammar school. The Revolutionary war having commenced within a short time after he came to the bar, there was but little civil business done in the Courts until its conclusion, or nearly so. He therefore early betook himself to giving instruction to young gentlemen who looked forward to the legal profession for support and advancement in life, when the cir- cumstances of the country would allow of its exercise. This employ- ment tended greatly to systematize and improve what stock of legal science he already had acquired, and aided by his uncommonly fine talents and native eloquence early secured to hiuL the deserved rep- utation of an able lawyer. About the close, I believe, of the Revolu- tionary war, either through an acquaintance with the late Judge Sedgwick or otherwise he was introduced to some practice in Berk- shire County, and in the celebrated crim. con. case of Winchell vs. Goodrich, gave such a display of his oratorical powers as astonished the natives, and that, together with the conspicuous part he took with Judge Sedgwick in the great case of General Ashley's negroes, which put an end forever to slavery in Massachusetts, he established a rep- utation which ensured him business there as long as his avocations at home allowed him to attend to it. This however, I believe, was not very long. The delicate health of his wife, and his great professional business at home induced him to forego any business which called him abroad, and to utterly decline any sort of public appointment whatsoever, during her life. She died to the deep grief of as devoted a husband as ever lived, a few months before it became necessary to fill two vacancies in the Superior Court, occasioned by the death of Chief Justice Adams and the final extinction of mental capacity in Judge Huntington — and to one of those vacancies Judge Reeve w^as appointed. I must draw this long letter to a close. It is enough to say, that no act of Judge Reeve's life ever, in the least degree, lessened the admiration and respect entertained for his capacity, integrity and BOARDMAX S SKETCHES 45 learning, or even diminished the esteem and affection cherished for the spotless purity of his moral deportment through a long life, nor the reverence extorted from all for the deep religious impression which adorned his old age and perfected his character. He was, I presume, in youth extremely handsome. JOHN AELEN John Allen was born in Great Harrington, Mass., sometime, I believe, in 1762, of respectable parents, though not distinguished in society, as 1 remember to have heard him say that he was the son of a joiner. There were but two children in the family, a son and a daughter, both mvich distinguished in life for many good qualities, and especially for dignity of manner and deportment, but the zviiiuiiig and amiable accomplishments all fell to the lot of the female, gaining her many admirers and among others, an husband worthy of her, in that excellent man, Elizur Cioodrich of New Haven. Their father died during the minority of both children. Mr. Allen, having an excellent common school education, though not a classic education, became a teacher, and being impelled by a spirit of adventure, some- what romantic as he was thought in those days, went suddenly, and without the knowledge of his friends, and while yet a minor, to Ger- mantown near Philadelphia, where he obtained a place as instructor of the young classes of an academic establishment of some note at the time. How long he remained in the above mentioned establish- ment I do not know, but soon after leaving the place, and I believe almost immediately, he came to New Milford. and taught a school for some six months, and from here went immediately into Mr. Reeve's law school, and after the accustomed period of study was admitted to the bar, and immediately settled in practice in Litchfield, where he spent his life. He confined himself almost entirely to the practice of Litchfield County, though occasionally when called, in consequence of the eminence to which he soon attained in the profession, he prac- ticed in other counties, in some cases of importance, and especially in the Federal Circuit Court, in which, for a few years after the forma- tion of the present Constitution of the United States, some consider- able business was done. Mr. Allen, however never went abroad in quest of business, thinking that the very great share of Attorney busi- ness which he acquired in being always found in his office, equal, at least in point of profit, to what counsellor business he might obtain by attending Courts in other counties, considering that all the coun- sellor business flowing from the attorney business which he did. he was sure to be engaged in. From the time I entered the law school in the fall of 1793. I occupied a room in his office, and had free ac- cess to his ample library and boarded at the same house with him. During all that time, and all the remaining years of his prosperous 46 LITCHFIELD COUNTY BENCH AND BAR practice, which indeed lasted tiU the apparent commencement of his rapid decHne, soon followed by death, he was engaged in almost every case of any importance in the Superior and County Court. He was certainly, a very successful and powerful advocate, equally with the Jury as with the Court, a thoroughly read lawyer, equal in point of legal science to any one at our bar during the fore part of the time I am speaking of, except Tapping Reeve, who had no rival, and in the latter part of the period, James Gould, of whom I need say nothing as you knew him in his meridian light. Mr. xA.Uen always made dili- gent and faithful preparation of all cases committed to his care, and made himself fully acquainted with every point of law and every ac- cessible point of evidence which could arise in the case, and was therefore usually successful when the case deserved success. If I knew that you ever saw Mr. Allen, I would omit any attempt to describe his personal appearance, for I am sure any one who ever saw his colossal form and imposing" visage, would never need to have him described in order to recall his appearance. He was six feet four or five inches high, very erect and with an attitude and walk well calculated to set off his full stature, and though quite lean, weighed full 230 pounds. His countenance was strongly marked and truly formidable, his eyes and eye brows dark, his hair dark, what little he had for he was quite bald, far back, even before middle age, and in- deed his whole appearance was calculated to inspire dread, rather than affection. His manner and conversation were, however, such as to inspire confidence and respect, though little calculated to invite familiarity, except with his intimates, of whom he had a few, and those, knowing the generous and hearty friendship of which he was capable, were usually, much attached to him and ready to overlook all his harsh sallies, imputing them to the "rough humor which his mother gave him." His feelings were not refined, but ardent, gener- ous and hearty. His friendships were strong and his aversions equal- ly so — and as I used to say of him, speaking to others, "his feelings were all of the great sort." He neither enjoyed nor suffered any thing from many of those little incidents which so often affect, either pleasingly or painfully, minds of a more refined texture. As he had no taste for such things, nor, as it would seem, any faculty of per- ceiving, so he knew no language appropriate to their descri]:)tion, but in respect to those things and princi])les which he thought worthy of his regard, he lacked no power of language to make himself fully and forcibly understood. For neutral ground, either in morals or politics, he had no taste, and but little less than absolute abhorrence. As a specimen of his feelings and language, better than I can des- cribe, I will give \i)u the laconic answer to an encfuiry of him, why he took the Aurora the leading democratic ])aper in the county, then under the guidance of that arch democrat, Duane ; he replied it was because he wanted to knoiv tvhat they ivere about in the infernal regiotis. And after giving this specimen I need make no futher at- tempt to give you an idea of his humor, manners and language. BOARDMAN S SKETCHES 47 After Mr. Allen was married, which was not till he was towards forty years old, and went to house keeping, I boarded at his house at his express solicitation for many years while attending Court ; though he took no other one, nor ever named to me any price, nor would he count the money I handed to him when leaving for home, seeming to receive it only because I refused to stay on any other terms. I there- fore saw much of him in his family, where his conduct was always dignified, proper and kind. He was proud, very proud, and justly so, of his wife, who was a woman of nmch personal beauty, polished manners, and great and even singular discretion, and for whom he entertained, I believe, an ardent affection. Before his marriage and at the age of thirty-five Mr. Allen was elected a member of the fifth Congress, where he distinguished him- self at a time when Connecticut was never more ably represented in the House of Representatives, and would undoubtedly have been cho- sen for as long a period as he would have desired to be a member of that body, but he declined a further election. He was elected an Assistant in 1800, and was re-elected for the five succeeding years, and as such was one of the Judges of the Supreme Court of Errors. For several years, previous to his election to Congress, he had repre- sented the town of Litchfield in the General Assembly. His wife was a grand daughter of the first Governor Griswold. His only son. the Hon. John Wm. Allen of Cleveland. Ohio, has been a member of Congress from that State and is now a very distinguished man there. His only surviving daughter resides also in Cleveland, and is the wife of her brother's immediate successor in Congress. Mrs. Allen, after a rather brief widowhood, accepted the hand of a Mr. Perkins of Oxford in the State of New York, a man of respectability and wealth. BARZII.LAI SLOSSON". The request, which is the subject of yours of the 4th inst., is too alluring in its nature to be long unattended to. So nearly am I alone in the world that an invitation to hold converse about those of my age and standing in life, and who have now slumbered in the grave for more than forty years, and especially those who were so much beloved and esteemed as were those of whom you solicit my at- tention, is quite irresistible. In speaking of Mr. Slosson, I must first observe that I had form- ed a tolerably correct notion of him before I ever saw him. When I was a boy his father was often at my father's house, intimately ac- quainted there, and I believe, scarcely ever passed that way without calling and holding a pretty long chat, for he was never in a hurry, and his peculiar turn of mind, abundance of common sense, and great fund of wit, joined to his singularly slow, emphatic and sententious 48 LITCHFIELD COUNTY BENCH AND BAR mode of talking, was such as to secure the attention of any one. and especially a boy. He used, occasionally to speak of his children, and especially of his oldest son Barzillai. of whom he was manifestly very proud, representing him to be always at the head of the school when small, and afterwards used to speak with high gratification of his in- dustry and tact at accpiiring the higher branches of knowdedge with- out the aid of an instructor, and more particularly the knowledge of the dead languages, of which he knew nothing himself. And this account given by the old gentleman, from intimate intercourse and frequent conversation with his son, when I afterwards became ac- quainted with him, I found was by no means exaggerated. And to his excellent and accurate common school education, he owed much, very much of his character for exact accuracy and correctness in all that he said and did through life. He was about the best reader I ever heard, wrote a fair, handsome and legible hand, and in the un- failing correctness of his orthography and use of terms, no lexico- grapher excelled him, and in everything pertaining to mere English, home and common school education, no one appeared to be more thoroughly proficient. And in Greek and Latin I never saw his su- perior, except old President Stiles, nor with that exception perhaps, his equal, unless it was old Parson Farrand of Canaan, and in the other branches of collegiate education he was, to say the least, above medicicraty. As he entered college not until the senior year, and, I believe, did not even attend during the whole of that year, he could not, of course, expect to shine and did not shine in the college honors depending upon the faculty, but he availed himself of the right to become a candidate for the honors of Dcau ScJiohir, and obtained the first premium for excellence in Greek and Latin, in a class of unusually high reputation. This, I suppose, he did merely, out of a laudable pride, for he did not avail himself of the pecuniary re- ward which would have required him to reside in New Haven ; for he went, immediately after his graduation with one of his class- mates ( Mr. afterwards the Rev. Dr. Smith,) to reside in Sharon, as one of the instructors in the Sharon Academy, then in full and successful operation. He soon after became a student at law, under Gov. Smith's instruction, and the first County Court which sat after his two year's clerkship had expired, being in Fairfield County, he went, there for examination and admission to the Bar. This was I believe at the November Term, 1793. It was not until he began to attend C-ourt at Litchfield, and while I was in the law school there, that I first became personally acquainted with Mr. Slosson though I had barely seen him once or twice before. After my admis- sion to the Bar, being located in adjoining towns, we often met each other before Justices, and consequently before the upper courts. From our frequent meetings and intercourse at Litchfield and else- where, T became greatly attached to him, and finally, for a number of years he and L with Southmayd for our constant companion, always occupied the same room at Catlin's Hotel during every court until his n o Si 4> %k^ ^ ^'. - 1^ BOARDMAN S SKETCHES 49 death and there was the last time I ever saw him in hfe. Soon after the Court adjourned, hearing of his rapid decHne, I set out to visit him, and on the way, heard that he had died the night before. I how- ever went on and stayed with the family until I assisted in burying him. This was in January, 1813, and in that grave I felt that I had buried a sincere, and I am sure, a much loved friend ; on whose char- acter and conduct in life I could reflect with melancholy satisfaction, unmarred by a single reproachful recollection or one which I could wish to have forgotten. Mr. Slosson had been out of health for a very considerable time, and fears were apprehended on his account, in which he fully and rationally participated. So gradual, however, was the operation of his disorder, that he continued his attention to business until some three or four weeks before his death. He attended court at Litch- field, the first and I think the second week of the December term, the month before his decease. Mr. Slosson's great fondness for ancient literature, rendered him scarcely just in his comparative estimate of that with modern im- provements. As a lawyer he was highly respectable in theory and remarkably accurate in practice ; as a pleader, I do not remember that he ever had occasion to ask for an amendment, or to alter a title of what he had written. As an advocate he was clear, deliberate, methodical and logical in his deductions. He spoke in much of the peculiarly em])hatic manner of his father, above mentioned, though not with his unusual slowness. He was always cool and self-pos- sessed, rarely warming into any high degree of animation, or aiming at effect to appear eloquent, but he never failed to secure a respect- ful and satisfied attention. Though not one of the most leading advocates of which there are always some three or four at any Bar, he might, at least be estimated an equal to any of the second class of the Litchfield Bar which was then, certainly, a highly respectable one. Though not an aspirant after public preferment, and from his habituallv modest and retiring habits, not calculated to push his way where opportunities offered, he was yet, at the time of his decease, in a fair wav of promotion. He was early and often elected to the legislature from his native town, and indeed their usual representa- tive until the October session, 1812, when he was elected Clerk, which in those days was a sure stepping stone to further advance- ment, and having myself been a witness of the manner in which he performed the duties of that ofllice, for which no man was better qualified, I am sure he established a reputation, which, had Provi- dence permitted, promised a solid and lasting existence. Mr. Slosson's political opinions were of the genuine Washingto- nian, political school. None of your heady, rash, and merely parti- zan notions found favor with him. He was a constant and honest adherent to the political views then prevalent in this State. He left a widow and two sons — the oldest John William, has been and I 50 MTCIiFIHlJ) COUNTY BKNCH AXD BAR believe now is a merchant in Kent. The second son, Nathaniel, a very promising boy, was, 1 believe soon after his father's death, taken under the care of his uncle, William Slosson, a distinguished lawyer of New York, and was by him educated at Union College and for the Bar, and died soon after his admission. The foregoing sketch of the leading incidents in Mr. Slosson's life, may be a sutficient indication from which to deduct his true character, but I must indulge myself in adding, that I never knew or heard of a single act of his life, either in youth or mature years, that left even a shade upon his reputation. Cool and deliberate in his temperament, never hurried away by enthusiasm, for enthusiasm never manifested itself in his nature, except in his passion for ancient literature, he was sure to think and act with propriety. He was nevertheless warm and faithful in his attachments, but not so far as to warp his conscientious regard for integrity. He was perfectly just and generous in his intercourse with the world, honest in his predilections and uncompromising in his love of virtue and detesta- tion of vice. In morality his principles were without a taint and his practice through life in conscientious conformity with them. In re- ligion he was a firm and steadfast believer in the great doctrines of the gospel, though not a public professor. His principles were those of true rational Galvanism, unswayed by vindictive zeal or hysteri- cal weakness. You observed in your letter that you never saw Mr. Slosson. He was a small man. not much, if any, under medium height, but of slen- der frame and countenance. Though not dark complexioned his countenance was rather dusky, his skin not clear, his features though far from handsome bespoke intelligence and were therefore not dis- agreeable. His general appearance was more like that of the late Leman Church than any other member of the Bar I can think of, though he was somewhat larger and more erect. SA-MLKI. W. SOL'TJIMAVI). In the life, conduct and character of Samuel \V. Southmayd there were some peculiarities, such as render it a matter of difficulty to des- cribe him in such a manner, as to make them intelligible to one who did not personally know him. I never saw, or heard of him until I became a member of the law school in the fall of the year 1793, of which he had then been a mem- ber about one year, I believe, and of which he continued a constant attendant during the eighteen months which I spent there. He was admitted to the Bar the next term after 1 was, to wit: September Term, 1795, and passed as good an examination as I ever heard there, or elsewhere, he having been for the full period of three years under Judge Reeve's tuition. He was a native of Watertown, where BOARDMAN S SKETCHES 5 1 he settled in practice, and where he spent his hfe. Like Mr. Slosson, he had an excellent common school education. Beyond that, his ac- quirements did not extend far in an academic course — enough, how- ever, I believe, to enable him to understand the homely law-latin used in our books. Few have entered upon the practice of law, with a better store of legal learning than Mr. Southmayd, but the place in which he settled was not calculated from its location and the habits of the people, by no means litiguous, to furnish much practice, and he was too honest to promote litigation ; and furthermore, he had no legal adversary there except an old gentlemen who never had any more legal learning than was necessary for a Church Warden, and whose ignorance made him the victim of Southmayd's merry witch- ery and innocent cunning, of both of which he had a superabundance, though he never indulged in malicious, or even very serious mischief, and indeed in none except such as would do to relate for the purpose of making fun in merry company. Anecdotes of that description used to be related in great numbers. As a pleader, Mr. Southmayd was always sure to have all in his drafts which was requisite and per- tinent to the object in view, and in all his declarations, aiTording room for coloring circumstances to be inserted, there was pretty sure to be found, slyly slipped in, some ingenious slang whang, or South- maydism, as we used to call it. He was not ambitious of arguing cases in Court, but when he did, he always displayed much ingenuity, and attracted respectful attention from the audience as well as from the triers. And before arbitrators, referees and committees a more formidable opponent could hardly be found. And although his prac- tice was not large, and as was observed of Mr. Slosson he was not among the leading practitioners at the Litchfield Bar. he was certain- ly a very respectable lawyer, upon a par with the foremost of the sec- ond class, and much beloved and respected by all whose good opinions are desirable. As was observed in the outset, there were peculiarities in Air. Southmayd's private character and deportment, which it is difficult to describe or reconcile. Though of a benevolent disposition and full of good nature and kind feelings, there was yet in him a vein of ad- venture after intellectual amusement, which, from its very nature, could not be gratified but at the expense of others, and often to such an extent as to render them ridiculous in the view of third persons to whom the results of the adventure was related. I have many times joined most heartily in the laugh at the relation of the result of many such seemingly innocent pieces of roguery, though I could not help condemning the mischief, while participating in its fruits. In all such indulgences, Southmayd never entertained the least ma- lice, for his heart was a stranger to it, but his intense love of fun, and enjoyment of the ridiculous often impelled him to go beyond the line of honest propriety. I used often to reproach him with it. but my admonitions were not well calculated to take eiTtect, when given at the close of a heartv laugfh. 52 LlTCHI-IKLD COUNTY BENCH AND HAR From what I have betMi saying of Mr. Sonthniayd you would, I presume, be ready to conchide that he was one of the most cheerly and happy of men. But the case was directly the reverse, and during a considerable period of his life, and that too, the most valuable part of it, he was a very unhappy man, indeed, and I have no doubt he had recourse to much of the indulgence of that peculiar propensity I have attempted to describe for the purpose of dispelling a mental malady w'hich for a long time oppressed and preyed upon his heart. He was for many years the victim of the strongest species of hypochondria that ever mortal man was. It never showed itself in long fits of set- tled melancholy or monomania, but in sudden fits and starts. After hours of cheerful conversation, and while in entire health, he would suddenly complain of great distress, and exhibit unmistakable evi- dence of great terror and apprehensions of immediate dissolution. One very extraordinary instance I will relate. He and I had been alone many hours, conversing and reading together, and he. not in the least complaining, when he at once sprung from his seat, and with a scream as would have alarmed me, had it been any other person, and pressing both hands upon his breast he exclaimed that he was going to die immediately. I stepped to him and gentlr and calmly said to him, "don't be alarmed, you are not going to die" — for w'e never treated him as if he thought his distress imaginary. — and put my hand gently upon him to lead him to the bed, when he raised one hand from his breast and thrusting his finger against the side of his head, declared, with another outcry that something was passing through his head. I persuaded him to lie down, telling him the feel- ing would pass off in a few minutes, but he continued to groan for some time. I, knowing what would cure him. took up and began to read to him one of Burke's finest essays which lay by me. and turning to a passage of extraordinary eloquence read it ; on which he sprung up on end in the bed, and exclaimed "was ever anything finer than that !" I continued on reading, and in the course of half an hcnu- he was well and cheerful as ever. This was the most extraordinary in- stance I ever saw in him, but those in a degree like it were frequent. He always went to bed an hour or two before Slosson and T did. he saying that he never was able to get sleep until he had gone through a great deal of such feelings as he never W'Ould attempt to describe. Mr. Southmayd was greatlv esteemed in his native town, by, I believe, almost every one. both old and young. He was early in life sent to the legislature, and that often, and was so, I know, the last year of his life. He died of lung fever in March, 1813. about two months after the death of his friend Slosson. At the December Term, 1812. the three who had so long occupied the same room in perfect harmony, were, for the last time there together. At the Feb- ruary Term of the Supreme Court. Southmayd and I occupied it, but felt that wc were in solitude, and in the next term it seemed to me, most emphatically, a solitude, and more like a family vault than like an abode for living men, and T believe T have never been into it since. boardman's sketches 5S ]\Ir. Southmayd was undoubtedly an honest and honorable man, of uncommon pleasing manners and much beloved, and I never heard that he had an enemy. Indeed the amenity of his manner and the gentleness of his temper almost forbade it. The family to which Mr. Southmayd belonged was of the Con- gregational order, and two of his sisters married Congregational clergymen. He, however, joined himself to the Episcopal church of which he was a member after he settled in life, and of which, I be- lieve he was a communicant, but aiu not sure. He died unmarried, and I believe in the 39th or 40th year of his age. JOHN COTTON SMITH. At your request, I now inform you, that the Hon. John Cotton Smith, only son of the Rev. Cotton Mather Smith of Sharon, was born there on the 12th day of February, 1765. It is said that for the first six years of his life his instruction and training was almost wholly conducted by his excellent mother, and to her government and precepts he is said to have attributed much of his extraordinary success in life. His common school education, as exhibited in after life, must have been of the most exactly accurate kind. His class- ical instruction preparatory to entering college, was commenced at home, and completed under the tuition of the Rev. Mr. Brinsmade of Washington. He entered Yale College in September, 1779. when between fourteen and fifteen years of age, and though young, main- tained a high standing in his class, as appeared by the share he had in the exercises of the commencement at his graduation, the appointees being less than one-fourth of the entire class. Immediately after his graduation in September, 1783, he entered as a law student in the office of the Hon. John Canfield in his native town, and there con- tinued until he could be by law admitted to the Bar, which was in the March Term, 1786, a month after coming to twenty-one years of age : and Mr. Canfield, his legal preceptor, having died a few months after his admission to the Bar, a large portion of business for a long time habitually flowing for management to Mr. Canfield's office, he having for many vears been one of the ablest lawyers of the County, Mr. Smith's commencement in business was thereby attended by for- tunate circumstances, and he improved them with becoming industry, and from the very first found himself in a lucrative practice, which continued to increase until called into absorbing public business. He was first elected to the legislature in 1793 and frequently after- wards : indeed, from 1796 to October, 1800 he was constantly a mem- ber, and during the two sessions of 1800 was speaker of the house, and while occupying that station in the October session he was in- formed by the Goveror that he was elected a member of Congress to fill a vacancv which had occurred for the then approaching last 54 ijTCTrFiEij) coixTN' p.Kxcn and bar session of the Sixth Congress, and also for the full term of the Seventh Congress ; soon after which information, he resigned the chair in the house, and returned home to prepare for assuming his newly assigned duties. It so happened that the extra session to which he had been chosen was that, which, by law, was to be holden at the new City of Washington, whither he repaired and served through that term, and the Seventh Congress ; was re-elected to the Eighth and again to the Ninth Congress, at the expiration of the Ninth Congress he declined any further elections to that honorable body. During his congressional career he did not participate much in debate, but his fine talent at presiding was early discovered, and caused him frequently to be called to the chair when the House was in committee of the whole, and he thus presided during some of the most memorable debates which distinguished those days. He was during all but the first session, a member of the committee of claims while in Congress, and during the Eighth and Ninth Congress at the head of that committee, though in the minority. In May, 1809, Mr. Smith was appointed a Judge of the Superior Court, which he resigned in May, 181 1, on being elected Lieutenant-Governor; in May, 18 1 3 he was elected Governor, and re-elected to that office until 1818, when, a political revolution having taken place, he retired finally from public life. His administration of the gubernatorial office embraced the greater part of the war of 181 2 and 181 5, and his duties in all respects were performed wdth dignity, propriety and grace. After his retirement to private life much of his time was devoted to religious studies, and his eminent Christian and literary accom- plishments being extensively known and appreciated he was selected as the first president of the Connecticut Bible Society on its estab- lishment. In 1826 he was chosen president of the American Board of Commissioners for Foreign Missions, and in 1831 president of the American Bible Society. In 181 5 he received the degree of LL. D. As old age pressed upon him his hearing became impaired, and he never would suffer himself to hold public stations when he could not perform all their duties with becoming grace, he resigned all his posts of honor, and on the 7th day of December he died in the 8ist year of his age. In an eulogy delivered before the Connecticvit Historical Society by the Rev. W. H. Andrews, then of Kent, soon after the decease of Mr. Smith, giving a concise but eloquent historical sketch of his life and character, stating that he was admitted to the Bar in Litchfield County, and observing that at the time there was no bar in the state which presented a more splendid array of legal forensic talents than this, proceeds to state the standing which he at maturity acquired, in the following words quoted, as he says, from the communication of a well informed com])etent judge, long acquainted with Mr. Smith at the bar: — "He was esteemed, and justly so. an accurate pleader, and a well read and learned lawyer, and though some of those alluded to BOARDMAN S SKETCHES 55 exceeded him in force and popularity as an advocate, none of them surpassed, and in my judgment, none of them equalled him in grace of manner and elegance of diction and utterance." Early in life Gov. Smith married Miss Margaret Everson of Amenia, N. Y., a young lady of many accomplishments, who lived to old age. The issue of this marriage was only one child, William M. Smith, Esq., of Sharon, a gentleman much esteemed for his manv virtues and eminent piety. A grandson bearing his name is now the ^Minister resident of the United States to the court of Bolivia, South America. NATHANIEL SMITH. (From HoUistcr's History of Connecticut.) ''I received a line from mv friend. General Sedgwick, stating that is was your desire that he would ask of me, in your behalf, to furnish you with some facts in relation to the late Nathaniel Smith, and my views of his character, which might be of use to you in the ]n-eparation of the work you have in hand. "I am of course aware that this application is owing to the ac- cidental circumstance that I am the oklest, if not the only member of the profession now living, who had much personal acquaintance with that truly able and excellent man, or saw much of him in the exercise of his forensic or judicial talents. Judge Smith was indeed one of nature's nobles, and considering the limited range of his early educa- tion, he had few equals and perhaps no superior in the profession which he chose, and which he eminently adorned. You are doubtless aware that Judge Smith had only such an education in childhood and youth, as the common schools of the coimtry afforded at the time.. It was such, however, as a boy of unusual capacity and industrious habits would acquire from such a source, and such as, under the guidance of uncommon discretion through life, rarely permitted its defects to be disclosed. '"When I first went to the Law School in Litchfield, which was, in the fall of 1793. Mr. Smith though not over thirty years old, was in full practice, and engaged in almost every cattse of any importance. Indeed, he was said to have established a high reputation for talents in the first cause he argued in the higher courts. It was upon a trial for manslaughter, which arose in his native town, and in which he appeared as junior counsel, and astonished the court, the bar, and all who heard him. Not long afterwards, in the celebrated case of Jed- ediah Strong and wife, before the General Assembly, (she having ap- l)lied for a divorce), he greatly distinguished himself again, and thus became known throughout the state as a young lawyer of the first l>romise ; and the reputation thus early acquired was never suffered 56 I.ITCIIFIKLD COUNTY BENCH AND BAR to falter, but on tlie other hand. stea(hl\- increased in streny^th until his elevation to the bench. "During- my .stay in Litclitield, and after my admission to the bar, I of course saw Mr. Smith, and heard him in almost all the im- portant cases there : and as I was located in the south-west corner town in the county, adjoining Fairfield, I almost immediately obtain- ed some business whicli, though small, was such as during nearly all my j)rofessional life caused me to attend the courts in that county, where I found Mr. Smith as fully engaged and as highly esteemed as in his own county. In Xew Haven I also knew he had a very con- siderable practice. "It is worthy also to be observed, in forming an estimate of Mr. Smith's professional talent and character, that there never at any period was an abler bar in Connecticut, than during his practice. In Litchfield county, were Judge Reeve, Judge Adams, General Tracy, John Allen, Judge Gould, N. B. Benedict, and others ; at the Fairfield county bar, were Pierpont Edwards, Judge Ingersoll, and Judge Daggett, constantly from Xew Haven, Judge Edmonds, S. B. Sher- wood, R. M. Sherman, Judge Chapman, and Governor Bissell ; and in New Haven, besides the three above named, were James Hillhouse, Judge Baldwin, and others. "As I suppose it not probable that you ever saw Judge Smith, as he ceased to attend courts in 1819, and died when you was very young, I will observe, what \ou have doubtless heard, that he was a large and fine appearing man, much of the same complexion of the Hon. Truman Smith, his nephew, with whom you are all so well ac- quainted ; less tall than he, but of rather fuller habit. His face was not only the index of high capacity and solid judgment, but uncom- monly handsome ; his hair was dark and thin, though not to baldness, except on the fore part of the head, and was very slightly sprinkled with gray. His fine, dark eyes, were remarkably pleasing and gentle in ordinary intercourse, but very variable, always kindlmg when high- 1\- excited in debate, they became almost oppressive. His voice was excellent, being both ])owerful and harmonious, and never broke un- der any exertion of its capacity. His manner was very ardent and the seeming dictate of a strong conviction of the justice of his cause ; and his gestures were the natural expression of such a conviction. Mr. Smith's style was pure and genuine Saxon, with no attempt at classic ornament or allusion. His train of reasoning was lucid and direct, and evincive of the fact that the whole of it was like a map s])read out in his mind's eye from the beginning. His integrity was always felt and dreaded 1\\' his o])ponent. He spoke with much fluency, but with no undue ra])idity : he never hesitated for or liaj^- i^lcd at a word, nor did he ever tire his audience with undue ])rolixity, or omit to do full justice to his case for fear of tiring them; and in- deed there was little danger of it. Though certainly a very fine speaker, he never achieved or as])ire(l to those strains of almost ItOARDMAN S SKETCHES 57 superlmman eloquence with whicli his old master Reeve, sometimes electrified and astonished his audience, and yet, in ordinary cases, he was the most correct speaker of the two — though Judge Reeve was, and he was not, a scholar. Mr. Smith, though quite unassum- ing, and often receding in common intercourse and conversation, was, when heated in argument, it must be confessed, often overbearing to the adverse party, and, not only them, but to their counsel. Upon all other occasions, he appeared to be, and I believe was, a very kind hearted, agreeable and pleasant man. To me. he always so appeared, and I have been much in his company. "Mr. Smith came early into public life, and was frequently elect- ed to the General Assembly from Woodbury. In 1795, he was elect- ed a member of the fourth Congress ; and in 1797, he was chosen to the fifth Congress; but declined further election. In May, 1799, he was made an assistant, and was re-elected for the five following" years, when he resigned his seat at that board in consequence of the passage of the act in 1803, prohibiting the members of the then Su- preme Court of Errors from practicing before the Court. He re- mained in full practice at the bar until October, 1806, when he was elected a judge of the Superior Court, and continued to fill that office until May, 1819. when the judiciary establishment of that year went into operation ; from which time he remained in private life until his death. "In every public station in which Mr. Smith was placed, he dis- tinguished himself. He did so in Congress, at a time when our rep- resentation was as able, perhaps, as it ever has been, and when the character of the house to which he belonged was far higher than it now is. In the Superior Court he was certainly very greatly respect- ed and admired, as an able and perfectly upright judge. "In private life his name was free from reproach. A strictly honest and pure life, free from any of those little blemishes which often mar the fame of distinguished men, maw I think, be fairly claimed b\' his biographer to be his due. As a husband, a parent, a friend, a neighbor, a moralist and a christian, I believe few have left a more faultless name." NOAH BENNET BENEDICT. In further compliance with your late request, 1 now place at your disposal some account of the life, character and standing of another highly esteemed member of the Litchfield County Bar. The Hon. Noah Bennet Benedict was a native of Woodbury, in which he resided during his whole life. He was the son of the Rev. Noah Benedict, long the pastor of the First Congregational Church in that town. Mr. Benedict's earlv school education must have been 58 LITCHFIELD COUNTY BENCH AND BAR correct and good, as its fruits invariably showed itself in after life. He graduated at Yale College in September, 1788. when a little short of eighteen years of age. His legal studies commenced soon after his graduation, which were, I believe, pursued principally, if not wholly, in the office of his brother-in-law, Nathaniel Smith, afterwards so highly distinguished as a jurist, which was near the residence of Mr. Benedict's father. As soon as he arrived to lawful age Mr. Benedict came to the Bar. and for the remainder of his life, to wit: about thirty-nine years, it is believed he never failed to attend every regular session of the Courts holden at Litchfield ; and though he never habit- ually attended Courts in other counties, he occasionally did so for the purpose of arguing a particular case. During the long course of his practice Mr. Benedict had an ample share of business, and for the latter half of that period, he was, especially in the Superior Court, the leading advocate,, on one side or the other, in most of the trials either to the court or to the jury. His management of a trial was discreet, his argument sound, sensible, and being aided by the well known and generally esteemed integrity of his character, had their due effect. He never attempted to play the orator or to attract attention by fine turned periods, but contented himself wnth plain reasoning, of which he was no indifferent master. At a very early period Mr. Benedict was a member of the legisla- ture. But the political majority of the voters in Woodbury becom- ing about this time and for long afterwards decidedly democratic, proved an effectual bar to his political promotion, as far as depended upon that town, but by the vote of the State at large he was elected in 1813 one of the tw^elve assistants, (as they were then styled, who composed the Upper House of the assembly ) . and was re-elected the two following years; but in the year 1818 an entire political revolu- tion took place in Connecticut, and Mr. Benedict shared the fate of almost every one who held any post of dignity or profit depending upon the public suffrage at large in the State. He was subsequently many years later elected once more to the Lower House. He was also for several years Judge of Probate for the District of Woodbury, an a])pointment then depending upon the legislature. ]\Ir. Benedict was twice married, but left no living issue. He died in June or July 1 83 1, at the age of sixty, or in his sixtieth year. In private life Mr. Benedict was entirely unassuming, and a very pleasing companion to all who could relish purity of moral character and conduct, which his whole life was an eminent example: his feel- ings were peculiarly sensitive and delicate ; a loose or profane expres- sion never escaped his lips, and indeed so fastidious was he in respect to the former, that it used to be a matter of amusement with his less scrupulous associates in jocose conversation, to tease liis feminine delicacy upon such subjects. Though when alone and unoccupied he had a propensity to indulge in somewhat gloomy reflections, yet he was not averse to i)articipate in facetious conversation wlien due Noah Bexnet Bexedict From an old Paintine. BOARUMAN S SKETCHES 59 delicacy was observed. He had a profound respect for religion and was in all respects a good, a very good man. Mr. Benedict was of somewhat less than midling" size, of a medi- um complexion, but his eyes and hair rather dark. JA.MES COULD. In compliance, in part, with a recjuest recently received from you, I now send you a brief and imperfect sketch of the literary and pro- fessional character, standing" and reputation of the Hon. James Gould, who for a very considerable period of time contributed much to the fame of the County and State for legal science, by his talents as an advocate and especially as an instructor and as a judge of the Supe- rior Court ; with some account of his person and family. Mr. Gould the son of Dr. William Gould, an eminent physician, was born at Branford in this State in the year 1770. The g"oodness of his com- mon school education is inferable from the perfect accuracy of it, which showed itself in all he did or said in after life. He graduated wdien a little over twenty-one, at Yale College, in September, 1791, with distinguished honor in a class distinguished for talents. The year next following his collegiate course he spent in Balti- more as a teacher. He then returned to Xew Haven and commenced the study of law with Judge Chauncey ; and in September of that year he was chosen a tutor in Yale College, in which office he contin- ued two years. He then joined the Law School of Mr. Reeve at Litchfield and was soon after admitted to the Bar. Lnmediately af- ter his admission to the Bar he opened an office for practice in that town, where he resided during the remainder of his life. On his first appearance as an advocate he evinced such an ap- parent maturity of intellect, such a self-possession, such command of his thoughts and of the language appropriate to their expression, that he was marked out as a successful aspirant for forensic eminence. His progress in the acquisition of professional business was steady and rapid. Fortunate circumstances concurring a few years before his choice of Litchfield as a field of his ])rofessional labors, in the removal by promotion of two very distinguished practitioners at the Bar. opened the way to such a choice, and by like good fortune a similar event re- moved one of the two only remaining obstructions in that town to his full share in the best business as an advocate, the only business to which he aspired. As a reasoner Mr. Gould was forcible, lucid and logical : as a speaker his voice was very pleasant and his language pure, clear and always appropriate. He never aspired to high strains of impassioned eloquence, and rarely, if ever, addressed himself to the passions of the Court and Jury, but to their understanding only, and 6o LITCHFIELD COUNTY BENCH AND BAR was a very able, pleasing and successful advocate. His argument was a fair map of the case, and one sometimes engaged against him, but feeling his superiority, observed, that he had rather have Gould against him in a case, than any other of any where equal powers, because he could perfectly understand his argument, and if suscepti- ble of an answer could know how to apply it In his practice at the Bar he was always perfectly fair and honorable. Within some two or three years after Mr. Gould commenced practice, Mr. Reeve, the founder and until that time the sole instructor of the Litchfield Law School, accepted a seat upon the bench of the Superior Court. This Court made it necessary for him to give up the school, or to associate some one with him in its management, and to deliver lectures in his absence upon the circuits. The Judge selected Mr. Gould as that associate; and for a number of years they jointly conducted and re- ceived the pupils of the School : and on the final retiring of Judge Reeve from any participation in the instruction of the School. Mr. Gould became its sole instructor and so continued until elevated to the bench of the Superior Court in the spring of 1816, when he in turn had to have recourse to temporary aid for the short time he re- mained on the bench. But a thorough political Revolution having taken place in this State, and a new constitution formed which entire- ly new modeled the courts of law, Mr. Gould took no further share in public employments : and his health being greatly impaired, he never resumed practice at the Bar, but confined himself wholly to his School during the remainder of his life, as far as severe infirmities would permit. He died, as appears bv the College catalogue, in 1838. in person Mr. Gould was very handsome. Of about medium heighth, or perhaps a little over ; but rather less in body and limbs than medium size. His complexion fair, with fine dark eyes and beautiful brown hair ; all his features good and in connection indica- tive of much intelligence and good nature, and his form for symmetry and gracefulness could hardly have been mended ; and in all respects, in body, mind and education, he may be fairly styled a finished man. In private and social intercourse he was highly pleasing, facetious and witty. Soon after his settlement in Litchfield he married the eldest daughter of the Hon. L^riah Tracy, so well known for his long and distinguished service in the councils of the state and -nation. Mrs. Gould in j)erson and mind was a fit wife for such a husliand, and partook with him in the ha])])iness of raising a very numerous and promising family of children. Judge Gould wrote and published a volume of Pleadings, which together with his fame as an instructor, gave him a distinguished name among the eminent jurists of the country. boardman's sketches 6i ASA BACON Again in compliance with yonr later request for further sketches of the lives and profesional standing of the former memhers of the Litchfield County Bar I transmit you a name which, though not dec- orated by the civic honors annexed to some of them, I think highly worthy of a place in the series. Asa Bacon, the son of a very respectable and somewhat opulent farmer of Canterbury in this State, was born there on the 8th day of February, 1771. His early school and classical education was had in that and neighboring towns in Windham County so far as was necessary to a preparation for entering Yale College, which he did in September, 1789 ; and during his collegiate course, sustained a very prominent standing in his class ; and by his instructor and class-mates was marked out as one who would make a distinguished figure in the profession in which his talents and turn of mind plainly indicated would be his choice. Immediately after his graduation in September, 1793, he entered the office of Gen. Cleaveland in his native town as a Law-student, and there remained about six months and then joined the Law school at Litchfield, at that time, and for long before, under the sole instruction of Tapping Reeve, Esq., afterwards Judge Reeve, in which he remained until admitted to the Bar in September. 1795, Soon after which, without consulting anybody or taking a single let- ter of which he might for asking obtained any quantity of the best sort, with characteristic boldness and love of adventure in youth, he left Connecticut for Virginia with a determination of establishing himself in the practice of law in the latter state : an attempt, it is be- lieved never before made by any one from Connecticut. In order to the accomplishment of which object, he found on arrival in A'irginia that he had got to obtain a license from a majority of the Judges of the Supreme Court in that state, and that too by visiting them at their respective residences : for they were not in the practice of examining and licensing candidates during the session of the court. This sub- jected him to the trouble and expense of traveling over a great part of the state ; and this being accomplished, he determined to fix him- self at Leesburg, the capital of Loudon county, and he accordingly opened an office for practice there ; and being aided by a fine and imposing personal appearance and promptness in manners, he suc- ceeded in obtaining a fair and encouraging portion of the business, and there remained for nearly three years, when, on returning to Connecticut to visit his relations, he found the prospects of profes- sional business in his native county to be such as, in connection with a natural preference for Connecticut society to that of Virginia, to induce him to renounce his connection with his new formed estab- lishment and open an office in his native town, and this he did not only with such success as speedily to secure him a fair professional business, but also to induce four young gentlemen to enter his office 62 LITCHFIELD COUNTY BENCH AND BAR for legal instruction, upon a plan which he a(lo])ted ; three of whoni were from Massachusetts, and one a meniher of Congress from the state of Xew York. After a prosperous practice of over seven years in Windham County, he received an invitation from the Hon. John Allen, then at the head of practice in the larg'er county of Litchfield, to remove there and become his partner in business. This he accepted, and was probably in a measure induced so to do from the prospect that Mr. Allen would, on account of declining health, wholly retire from the Bar at no ver}- distant period ; and this in fact happened at a time earlier than was desirable. By means of his connection with Mr. Allen, and of a peculiar faculty of his own, Mr. Bacon soon ol)tained an ample and satisfactory share of the business done at the Litchfield County Bar, and by his faithfulness and zeal in the man- agement of it he retained it for many years to his great satisfaction, for he was very fond of his profession. No man more thoroughly identified himself with the interests of his client, insomuch that he could hardly bring himself to doubt of the justice of his cause, how- ever he might of the legal means of obtaining it ; hence his utmost exertions were sure to be put forth for the attainment of it. In un- tiring industry in the preparation of a cause for trial no man ex- celled him. He was an able, and when the nature of the case al- lowed of it, an eloquent advocate. Until some sixty years old he was in full practice, almost never being in any degree diverted from it by political aspirations. But repeated pneumoniae attacks of a threatening nature in the autunm of the year 1832 admonished him of the danger of much public speaking, and induced him to retire from the Bar as soon as it could conveniently be done. While in practice, his untiring diligence in the preparation of his causes for trial, the learning, wit and force of reasoning" was so satisfactory to his numerous clients, that it was not remembered that any one who once employed him ever forsook him wlien in after time he had occasion for legal advice. After the close of his practice of law, and indeed long before that event, Mr. Bacon paid much attention to pecuniary afifairs. and his skill and judgment in the management, led to his ap])oinment as president of the branch of the PhaMiix Bank located at Litchfield, which he held for a number of years. But his cautious policy in the management of it proved unsatisfactory to some of the stockholders, but more particularly with the managers at head quarters. As a man, a mere private individual. Mr. Bacon will be agreed by all who ever knew him to have been a very peculiar man, both in appearance and in manner. He was full six feet two inches high ; well formed for appearance ; neither too fleshy nor too spare ; and his inexhaustible fund of pleasant wit. judiciously used, made him an agreeable companion to both sexes and all ages : and having in himself an uncommon elasticity of spirits he was fitted to enjoy life boardman's sketches -63 and to impart to others its enjoyment in an eminent degree. On many accounts, and indeed on most accounts, Mr. Bacon may be said to be a fortunate man, but on others, had it not been for his pecuHar buoyancy of spirits, a very unfortunate man. In ]\Iarch. 1807, he married Miss Lucretia Champion the only daughter of the Hon. Epaphroditus Champion, of East Haddam, who still survives him ; and never was a man through a long married life of half a century, more happy in the conjugal connection. This mar- riage was blessed by the birth of three sons of uncommon promise, but all of them were cut down in early manhood : not, however, until each had given decided proof of natural and acquired capacity. Three daughters were also the fruit of that mariage, but all died in early infanc\-. Quite a number of years since, Mr. Bacon disposed of his proper- t\' in Litchfield and removed to New Haven, where he spent the re- mainder of his long and useful life, and died in the full possession of his mental faculties when but two days short of eighty-six years of age. No one ever cjuestioned his integrity. He was a professor of religion, and is believed to have lived in accordance with his pro- fession. He died in the possession of an ample estate, in a great degree the fruit of his discreet management, and out of which, it is but justice to his memory to state, he made a donation to Yale Col- leee of ten thousand dollars. ELISHA STERLING. Gen. Elisha Sterling of Salisbury, who was for a long time a very respectable member of the Litchfield County Bar, was a native of Lyme in this State, where he received his training and early edu- cation, until he became a member of Yale College, of the class wliich graduated in September, 1787; and that he sustained a good stand- ing in it is evinced by his having an honorary share in its commence- ment exercises. Liimediately after his graduation he assumed the charge of an academy, then recently established in Sharon ; and during the two years while it was under his management and tu- ition, it became very thoroughly established and very extensively and popularly known. While at the head of the academy he pursued the study of Law, and was admitted to the Bar in 1789 or 1790, and immediately opened an office for the practice of his profession in Salisbury, where he continued to reside during the remainder of his life. He was very fortunate in his place of settlement, and soon found himself engaged in lucrative practice, which he pursued with much industry for a long time ; and it is believed that very few law^yers have by the mere practice of their profession in Connecti- cut acquired a larger property than he did. He was at an early 64 IjTCilFimj) COUNTY BKXCll AM) P.AR period by the County Court appointed Attorney for the State in that County, and by them (to whom alone the right of that appointment then pertained,) annually reappointed for many years, and until a political change in a majority of that Court led to a change in the attorneyship. The propriety of his management as a public prose- cutor was never questioned even by his political opponents. As a mere advocate he did not stand at the head of such practice, but did a respectable share of it, and stood high in the secondary rank ; and in the entire amount of business, in point of profit, few equaled, and perhaps none surpassed him. In addition to the office of State's Attorney, he for a long time held the office of Judge of Probate for the district of Sharon — an office then depending upon the annual ap])ointment of the legislature, and until, for a like cause above mentioned, he was refpiired to give place to another, of different political principles from his own ; and the latter office he held two or three years after he ceased to be, of the then, healthy political faith. He was very often a representative to the General Assembly from Salisbury when the ]x:ilitical standing of the town would allow of such a choice, and was a major-general of the militia. At a somewhat earlier period he married a daughter of the Hon. John Canfield, deceased, of Sharon, who for a long time was a distin- guished member of the Bar of Litchfield County in former times ; and by that marriage he became the father of a somewhat numerous family, nearly all of whom were sons. They were all young men of promise, and on entering into business were well endowed by their father, and it is believed were respectable and prosperous in their several vocations. Gen. Sterling somewhat late in life married the widow of the Rev. Dr. John Elliott, who survived him. Through life Gen. Sterling enjoyed a good state of health, and died when over seventy vears of age. in the year 1836, of a sudden illness oc- casioned by a slight wound in the leg, too much neglected. He was above medium size, of a light complexion and good personal ap- pearance, and his moral and religious habits unimpeachable. JABEZ W. HI'XTIXOTOX. In compliance with former requests and of a recent intimation of my own, 1 now transmit you a brief sketch of the life and char- acter of the Hon. Jabez W. Huntington, son of the late Gen. Zachariah Huntington of Norwich, and grandson of the Hon. Jabez Huntington of that place, the assistant and associate of the first Gov. Trumbull, who was born in Norwich in the year 1787 or 1788. He received his early training and instruction in his native town, which after times evinced to be accurate and good. He became a member of Yale College in September, 1802 and graduated in September, eoardman's skktches 65 1806. with the reputation of a j^^ood scholar. Soon after his gradua- tion he became a teacher in an academic school under the g-overn- ment of its founder. Esquire Morris of Litchfield South Farms, as then called, now the town of Morris, named after the founder of said school. After about a year thus employed, Mr. Huntington entered Judge Reeve's Law School, in which he continued a diligent student until admitted to the Bar in Litchfield County, of which he soon showed himself to be a worthy member, and in due time a distinguished one ; he having commenced the practice of his pro- fession in Litchfield, and there continued it, until its final termina- tion by an office conferred upon him incompatible with its further pursuit. In practice, his whole aim and ambition was to become an advocate, and had no desire to obtain any share of collecting business, though in many hands not less lucrative ; and as he was always ready to aid the less ambitious of speaking, he early acquired a very considerable share of the portion of practice of which he was ambitious and which was improving to him. His forte as an advo- cate was in detecting error in declarations and other parts of plead- ings, and in a lucid manner of pointing them out. L^pon the whole he was as an advocate clear and accurate, rather than peculiar for the gracefulness of manner or refinement of diction, though his manner was by no means disgusting, and his language entirely free from any approach to vulgarity. His manners were pleasing and popular, and he repeatedly represented Litchfield in the General Assembly and distinguished himself there. He was elected to the 2 1 St Congress, and re-elected to the 22d and 23d Congress ; and near the expiration of the last of his Congressional career he was chosen a Judge of the Superior Court, and held that office until 1840, when being chosen a senator of the L^nited States he resigned the Judgeship and accepted the latter appointment, and continued to hold it by virtue of a second appointment until his death in 1847. In all which stations he performed the duties thereof with honor to himself and to the entire satisfaction of the public. His moral char- acter was irreproachable ; a professor of religion and an observer of its precepts. Late in life he was married, but it is believed left no issue. Soon after election to Congress he removed to his native town and died there. PMINRAS MIXER. Phineas Miner, a very respectable and somewhat eminent mem- ber of the Litchfield County Bar, was a native of Winchester in that county, and there, and in that region, as far as by the writer hereof known, received his entire training and education in all respects. At an earlv period in life he commenced the practice of law in the place 66 LrrcirFii-XD col^ntv bench and bar of his birtli. in the society of Wiiisted, as is beheved. a place of a great deal of active manufacturing- business and furnishing an ample share of employment for gentlemen of the legal profession, of which Mr. Miner soon acquired an ample share, and at no distant period, an engrossing one. with which he appeared in court from term to term until he felt warranted in the expectation of drawing after him an engagement in all the disputable cases from that fruitful quarter, when he removed -to Litchfield and was much employed as an advo- cate for a number of years, and until his health rather prematurely failed, and he became the victim of great mental and bodily suffer- ing, until relieved by death before reaching the ordinary period at which old age begins to make its effects much perceptible in the hu- man frame. As an advocate Mr. Miner was ardent, impassioned and fluent, but in his apparent great ambition to be eloquent he often made use of figures of speech which a more chastened and correct training in youth would have taught him to avoid, and less wounding to an ear of taste, but the fault apparent to all, was the extreme prolixity of his arguments ; but these faults notwithstand- ing, Mr. Miner was a respectable and able advocate. Before his removal, to Litchfield Mr. Miner was an early and frequent member of the legislature from his native town and after his removal there, a niember of the state senate for the fifteenth district, and was also elected to fill a vacancy in the second session of the twenty-third Congress. Mr. Miner was twice married, but it is believed, left no issue, but of this the writer is uncertain. He led a strictly moral life and was justly esteemed a good man. LEMAN CHURCH. One more attempt to comply with your repeated requests. Le- man Church, a late member of the Litchfield County Bar, was a na- tive of Salisbury in this county, a son of an opulent farmer of that town, and in it, it is supposed, he received his education, both scholastic and professional ; the latter in the office of his half- brother, Samuel Church, afterwards a Judge of the Superior Court, and finally Chief Justice of the same, and after his admission to the bar he opened an office in North Canaan, where he resided during the remainder of his life. Mr. Church was successful in acquiring at an early period a promising share of professional business, which steadily increased, until by the middle of professional life he occu- pied a stand among the leading advocates at the bar ; and towards the close of life there was scarce a cause, especially in the higher Courts, of considerable imj^ortance discussed, in which he was not engaged. i3uari)Man's sketches 67 In September, 1833, Air. Church was appointed by the Court, State's Attorney, as successor to his brother Samuel, on the latter's elevation to the bench of the Superior Court, and held that office by annual re-appointments until September term, 1838, when by a politi- cal change in the court he was required to yield the place to another ; it is believed, however, that he afterwards for a time, re-occupied that place, but not positively recollected. As a speaker lie was cool, unimpassioned and ingenious : he never attempted to affect the passions of those be addressed, and being destitute of passion himself, was consequently incapable of moving the passions of others ; he never attempted to be eloquent or made use of a merely ornate expression, his object in speaking was effect, and that wholly directed to his cause and not to himself ; in the man- agement of a case he was always cool and self-possessed ; no sud- den and unexpected turn in the progress of a trial disconcerted him, or appeared to be unexpected by him ; no collision at the bar ever appeared to aft'ect his temper in the least. With such a tem- perament it is obvious that the legal profer>sion. was of all the pro- fessions, the one for him, and that in which he was calculated to excel. Mr. Church was always entirely regardless of personal appear- ance and dress ; he was very small, meager and ill formed, his fea- tures quite ordinary, but all this very indiff'erent appearance was res- cued from inattention bv a most remarkably attractive and intelli- gent eye. Mr. Church was frequently a representative to the Legislature from Canaan, and never failed to make an impression upon that body ; and to his sagacious management is attributable the preseva- tion of the Housatonic Railroad from ruin, as a commissioner there- on appointed by the Legislature, with power, together with his as- sociate in office, Mr. Pond, to sell and consequently to destroy- the road which seemed to be a favorite object with them for a time. Mr. Church died in die midst of life as a professional man, July 1849. I ^"^ unable to state the particulars of his family. i>c^riutick*0 Siiftg feats FIFTY YEARS AT THE LITCHFIELD COUNTY BAR A LECTURE DELIVERED BEFORE THE LITCHFIELD COUNTY BAR BY CHARLES F. SEDGWICK, ESQ. 1870. CHAS. F. SEDGWICK SEDGWICK'S ADDRESS. Litchfield, Feb. 9, 1870. Gex. Sedgwick : My Dear Sir — At a bar meeting held this noon the following resolution was offered by E. W. Seymour and unanimously adopted : Whereas, at the next term of this Court Gen. C. F. Sedgwick will have completed a fifty years connection with this bar as a re- spected member thereof. Resolved, That he be invited to deliver an address in the Court Room at such time next term as may be convenient to him upon some subject connected with his long professional career. Resolved, That a committee of three be appointed to extend this invitation to the General and to make arrangements that may be necessary in case the invitation be accepted, O. S. Seymour. J. H. Hubbard and Abijah Catlin were appointed a committee for this purpose. It gives the committee great pleasure to communicate the fore- going proceedings to you and we liope you will gratify us b}' accept- ing the invitation. W'e will at any time confer with you upon the subject of what arrangements should be made. Yours truly, O. S. Seymour, For the Committee. The committee of the Litchfield County Bar have received the annexed letter from General Sedgwick and have agreed upon Wed- nesday evening, the 13th of April, for hearing the commemoration discourse at the Court Room. Members of the Bar of other Courts and the public generally are invited to attend. J. H. Hubbard, O. S. Seymour, Abijah Catlin, Committee. Litchfield, March 14, 1870. Spiarox, March 12, 1870 Judge Seymour : Dear Sir — I received, in due time, yours, written in behalf of the committee of the Bar, and owe you an aiX)logy for not giving it an earlier answer. The truth is that I have hesitated to give an affirmative response from a feeling of incompetency to get up any thing which would be of any interest to my kind friends of the Bar ^2 IjTCill^lKLD COUNTY UEXCH AND BAR whose jx^lite procee(iing;s you communicate. P)Ut the respect which I feel for them combiiied with a feeUng of g'ratitude for the past kindnesses as well as the urgency of many individuals of the profes- sion here as well as in other counties have persuaded me to make the attempt to comply with their wishes, and I will try to get up a commemoration discourse to be read to the Bar at the next term of the Court. As Good Friday will come during the tirst week of Court I will suggest Wednesday evening of that week for the hearing instead of Thursday, but in this I will conform to the wishes of the committee. If they should tix on any other evening please notify me. Yours, respectfully, C. F. Sedgwick. ADDRESS. The statement that 1 have been for fifty years a member of the bar of this county, admonishes me of a rapid journey across the stage of life, from its morning to its evening. Those years have sped away, and they have embraced a large portion of the time usually alloted to man as the period of his existence here. "Large space are they Of man's brief life, those fifty years; they join Its ruddy morning with the paler light Of its declininp- hours." o They have swept off in their current nearly every one who was active in the proceedings of the courts of this county, at the com- mencement of that period. It did not then occur to me to consider the question whether I should outlive nearly all my associates at the bar, but of the forty-four members who were then in active practice here, all save three, and they are not now in practice, have preceded me on their journey to the grave. Some have laid their bones in distant parts of the country, but with the exception above named, all have gone to their last account. I suppose it to be the wish of the bar, as it has been intimated to me, that I should say something of those who were active in con- ducting the judicial proceedings in this County, fifty years ago. This will im])ly a notice of the judges, clerks and oHicers of the court, as well as the legal profession. A wide field is open before me, and I fear the exploration which I shall give it will be of very little interest to my brethren, but such impressions of the men of those times as remain with me, 1 will endeavor to lav before them. KK-OKCANIZATlOX OF Tllli COIRTS. The Courts had then just been organized imder the present Con- stitution of the State. L'^nder the old government, the Supreme SEDGWICK S ADDRESS 73 Court consisted of nine judges, and they were elected annually by the legislature. Under the Constitution, the number was reduced to five, and they held their office during good behaviour, or until they reached the age of seventy years. In like manner, the judges of the County Courts were reduced from five to three. Formerly these judges held the Superior Courts, but under the Constitution, they were holden by one judge. The old Court has embodied as high an order of judicial talent as any other Court in any of the States, and when the appointment of the judges under the new organization was in contemplation, much anxiety was felt among the members of the legal profession lest the character of the Court should deteriorate. Chief Justice Swift was very popular with all classes, and it was thought that his high character as a jurist, and his spotless charac- ter as a man, would render it pretty certain that he be retained at the head of the new Court. But the party then in power, known in our political history as the Toleration party, determined to make an almost entire change in the material of the Court, and to man the bench with new incumbents. For the new Chief Justice, they select- ed the Hon. Stephen Titus Hosmer, of Middletown, who had been a member of tJie old Court some three or four years, and who, it was claimed, had voted the ticket of the party at the next preceding election. It was laid to his charge that he had done so with the intent of thereby obtaining the position which he was afterwards called to fill. The other judges were John T. Peters, Asa Chapman, Jeremiah Gates IJrainard, and William Bristol. Judge Brainard was of the old Court, and it was the intention of the ruling party to put James Lanman in the place ; but some of the tolerationists of New London County did not believe him qualified to fill it, and refused to vote for him. Judge Brainard was of the same county, and the federalists naturally rallied upon him in opposition to Lan- man, and with the aid of dissentient tolerationists, Brainard was elected. He was the only old federalist on the bench, till Daggett came on, in 1826. ClllEE jrSTlCE ilOSMKK. Stephen Titus Hosmer was a lawyer of eminence in his peculiar way. He had no very high standing as an advocate, but as a lawyer, learned in elementary principles his position was a very good one. A gentleman who had heard him, told me that his manner was hard and dry, and his elocution very defective, but in some branches of legal science he had few superiors. He seemed to delight in ex- ploring ancient paths in search of legal principles, and in getting up old legal tracts and dissertations. In the first volume of Day's Reports, there is a note of forty pages of fine print, containing an opinion of Lord Camden, of the English Court of Common Pleas, 74 TJTCH FIELD COUNTY BKXCH AND BAR which has hardly a rival in judicial learning" or eloquence. Mr. Day informed me that this was presented him in manuscript by Mr. Hos- mer, there being then no printed copy of it on this side of the At- lantic. He was appointed a Judge of the old C(^urt in 1815, but be- ing' one of the young'er judges, it never fell to his lot to preside on the trial of a case, until his accession to the Chief Justiceship. His career, on the whole, was very successful, both at nisi priits, and on the bench of the Supreme Court. His apprehension of the points involved in the case before him. was very quick, and the first inti- mation he gave on incidental matters occurring in the course of the trial, was a sure indication of what the result would be ; and al- though he would take special i)ains to say to the counsel that he had formed no opinion, the party against whom he leaned knew that his fate was sealed. His labors in his official duties must have been immense. It fell to his lot to give the opinion of the Court in nearly all the cases tried in the Supreme Court for several years after his appointment, and nearly all the material of the third, fourth and fifth large volumes of the Connecticut Reports are the result of his study of the cases before the Court, and some of them are very learned and labored. His illustrations in the case of Mitchell vs. Warner, in the 2d of Connecticut Reports, of the extent of the obligations incurred in the covenants of a deed, explained the sub- ject to me. when I was young, better than anything I had before read on the subject. It seemed to be his object to render himself as agreeable as pos- sible to the members of the bar, sometimes employing his leisure moments on the bench in furnishing prescriptions for human ail- ments, such as corns on the toes, and handing them over to such members as stood in need of them. Then he would hand over a formula for making, as he said, the best kind of liquid blacking for our boots. In fact, every thing which he had prescribed, he always designated as the very best. At one term of the Court, Phineas Miner. Esq.. who had lived a widower for several years, was about being married, which fact was intimated to the Judge. While he sat waiting on the bench for the preparation of some business, he spoke out suddenly, "Gentlemen! Is there a vacant cell in your jail? Won't it be necessary for me to commit Mr. Miner to prevent his do- ing some rash act?" The laugh was thoroughly turned upon poor Miner, and the whole scene was very enjoyable. He employed all his leisure hours in obtaining all the relaxation which was within his reach. He played on the piano and violin, and sang with great power and effect. There was no perceptible waning of his powers, physical or men- tal, during the time of his service on the Court. He retired from the bench at the age of 70 years, in February. 1833, and died, after a short illness, in less than two vears thereafter. SEDGWICK S ADDRESS 75 JUDGE PETERS. John Thompson Peters was the senior Associate Jud,y,"e of the Court, and he held his first circuit in this County. He was a native of Hebron, and a lawyer of respectable standing. His fellow-citi- zens had often honored him with a seat in the Legislature, and thus he had become tolerably well known in the State. When the United States direct tax was laid in 1813, he was appointed Collector for the first district, removed to Hartford, and held that office when he was appointed Judge. He had been one of the leaders of the Democratic party from its formation ; and, as an Episcopalian, liad opposed the claims of the "Standing Order" to ecclesiastical prior- ity, and some apprehensions were felt lest his well known views on these subjects might temper his opinions on those questions inci- dentally involving them. Many fears were entertained as to the stability of ecclesiastical funds which existed in almost every Con- gregational parish, and those who desired to break them down look- ed to Judge Peters and his influence with the Court to aid them. But those who entertained such hopes were destined to an early dis- appointment, as their first experience of his administration on such questions showed him to be disposed to stand firmly on the old paths. He used to tell an amusing anecdote relating to his first trial of such a case in one of the Eastern Counties of the State, where he was appealed to, very strongly, to decide that a promise to pay money in aid of such funds was without consideration. But he told the parties that the law on that subject was well settled, and, in his opinion, founded on correct principles; and that if he had the power, he had not the disposition to change it. It had been the practice of the Congregational pastor of the village, to open the proceedings in Court with prayer, but considering Peters to be a heretic, (I use the Judge's own language,) he had never invited Divine favor for him, but after that decision, every prayer was charged with invocations of blessings upon "thy sarvciit, flic judge." He was very severe in meting out the punishments of the law to convicted criminals, generally inflicting the severest sentence that the law would allow. One case was tried before him which excited much remark and some reprehension. A man had been convicted before Judge Lanman of a State prison oiTence, had been sentenced to four vears" imprisonment and had served a part of a year, when he obtained a new trial. He was tried again before Judge Peters, and again convicted. When the time came to pass sentence on the last conviction, his counsel asked for some mitigation on account of the imprisonment already suffered. Said the Judge "He must settle that account with Judge Lanman. He owes me five years' imprisonment in State prison" — and such was the sentence. One prisoner who had received a severe sentence at his hands, after the expiration of his confinement, burned the Judge's barn, and he 76 LITCHFIELD COLNTV I?ENCH AND BAR petitioned the Legislature of the State to pay for it. in 18 13, hut they dechned to make the compensation. For a few years, the services of Judge Peters on the hench were very acceptable. His decisions were prompt, and generally found- ed on a sensible view of the matter before him, without any affect- tation of learning or displa\- of oratory. His entire candor and fair- ness were never called in question, and the decay of his powers, which was very apparent towards the close of his career, was observed by the bar with sorrow and regret. I witnessed an af- fecting scene connected with his experience on the bench, which excited a deep feeling of sympathy. He had a favorite son, Hugh Peters, Esq., whom he had educated at Yale College, and in whom all his hopes seemed to centre. This young man, in connection with George D. Prentice, the noted Editor, had much to do in con- ducting the New England U'cckly Rcv\czi\ a paper just established in Hartford, and which was the organ of the party which elected William W. Ellsworth, Jabez W. Huntington, and William L. Storrs to Congress. He had acquired a wide reputation as a writer of brilliant promise, and after a while went to Cincinnati to go into business as a lawyer. On his way across Long Island Sound, he wrote a Farewell to New England in poetry, which was published with great commendation, in most of the newspapers in the country. Soon after his arrival at Cincinnati, his dead body was found float- ing in the Ohio, several miles below the city, and circumstances were such as to create the belief in some minds that it was a case of suicide. The intelligence of this sad event was brought to Litchfield while the Court of Errors was in session in June, 183 1. It was first com- municated to Judge Williams, who sat next to Judge Peters ; and he, with all possible tenderness, informed the kitter. The Reporter. Mr. Day, in giving the report of the case on trial, closing it by saying: "Peters, Judge, having received, during the argument of this case, intelligence of the death of his son, Hugh Peters, Esq.. of Cincinnati, left the Court House, 'mitlta gcuiciis casuquc ainmniii conccssns,' and gave no opinion." T witnessed the mournful scene, and I well remember the loud and j)laintive groans of the afflicted old man as he passed out of the Court room and down the stairway to his lodg- ings. When Chief Justice Hosmer retired from tlie bench, the Legisla- ture, by a very strong vote, elected Judge Peters' junior. Judge Dag- gett, Chief Justice. He felt the slight, but did not retire, and held his place till his death in August, 1834. A few weeks longer, and he would have reached the age of seventy years. JL'DGP; CHAPMAN', The next Judge in seniority was Asa Chapman, of Newtown, in Fairfield County. For several years before he received the appoint- Sedgwick's address yj inent, he practiced to some extent in this County, and was, of course, well known here. He was the father of the late Charles Chapman of Hartford. He was somewhat taller than the son, and with his bald head, white locks, thin face, and grey eyes, he resembled him not a little in personal appearance, but he had none of that bitterness of manner or spirit which characterized the efforts of the yotmger Chap- man. He was an Episcopalian in religious faith, and he had very naturally fallen into the ranks of the new party, and being well quali- fied for the place in point of legal ability, he made a very acceptable and popular Judge. He was a man of good humor, g'enial temper, and great colloquial powers, which he exercised very freely on the trial of cases. If a lawyer undertook to argue a case before him, he soon found himself engaged in a friendly, familiar conversation with the Judge the evident intent of the latter being to draw out the truth and justice of the case. His adminstration was very popular, and his early death was greatly deplored. He died of con- sumption in 1826, at the age of fifty-six years. JUDGE BRAIXARD. Jeremiah Gates Brainard, of New London, the father of the poet Brainard, was next in seniority on the bench. He had been a mem- ber of the old Court from 1807 and he was elected to the new Court, under the circumstances which I have mentioned. He was a man of no showy pretensions, very plain and simple in his manners, and very familiar in his intercourse w^ith the Bar. He affected very little dignity on the bench, and yet he was regarded as an ex- cellent Judge. He dispatched business with great facility, and im- plicit confidence was placed in his sound judgment and integrity. He resigned his place on the bench in 1829, his health not being equal to the duties of the office, having served as judge for twenty- two vears. JUDGE BRISTOL. Of all the judges on the bench, William Bristol of New Haven was the youngest in years as well as in rank. He had not been much known as a lawyer, out of the County of New Haven, and. of course his coming here w'as looked for with considerable interest. He evidently had a high sense of judicial dignity, his manners on the bench being very taciturn, approaching severeness, very seldom speaking, except to announce his decisions in the fewest possible words, and I doubt if any one ever saw him smile in Court. His decisions were sound and well considered and. upon the whole, his administration was respectable, although he could not be said to have had much i^crsonal popularity at the bar. 78 LITCHFIELD COUNTY BENCH AND BAR JUDGE DACGETT. The decease of Jiulge Cliapnian and tlie resignation of Judge Bristol in 1826. created two vacancies in the Court which were to be filled at the session of the Legislature of that year. The same party which had eiTected the change in the government of the state, and in the constitution of the Court, was still in power, but nearly all the eminent lawyers in the State adhered to the federal party. Probably the most obnoxious man in the state to the dominant party was David Daggett, not so much from personal dislike as from his prominence in the ranks of his party. His talents, integrity and high legal abilitties were conceeded by everyone, but when the legis- lature assembled, there was probably not a man in the state who looked to his election as a judge. There were a few men in the state belonging to the toleration partv who felt deeply the importance of having a rei)utable court, and who, on this question, were willing to forego all party considera- tion. Morris Woodruff, of Litchfield County, Thaddeus Betts and Charles Hawley, of Fairfield County, Walter l^)OOth, of Xew Haven County, and Charles J. McCurdy, of Xew I^:)ndon County, were men of that stamp ; and it was through the influence of these men, and of others of less prominence, that David Daggett was elected a Judge of the Supreme Court. The same influence, exerted by the same men, secured the election of Judges Williams and Bissell, three years later. After the election of Judge Daggett was effected, no one seemed to care who the other judge might be, as with Chief Justice Hos- mer at the head of the court, and Judge Daggett as an associate, it was felt that it could have a highly respectable character. The Hon. James Lanman received the appointment, but after a short term of service, resigned. An elaborate sketch of Judge Daggett is given in the twentieth volume of our reports. THE SUPERIOR COl-RT, EIFTV YEARS SINCE. There were sessions of the Su])erior Court in each year, holden on the third Tuesdays of August and February, and the terms rare- ly extended beyond two weeks. If they reached to the third week they were deemed to be of extraordinary length. The Superior Ciourt had no original jurisdiction, except as a court of equity. All its actions at law came up by appeal from the County Court, and generally important cases were carried uj) without trial in the court below. The party wishing to appeal his case would demun, either to the declaration or plea, as the case might be. suffer a judgment to be entered against him, and appeal from it and then lUCrSTL'S I'KTTli OXU -MICIIAKI, l'. :\IIIJ.S JOSKI'II 1'. BALLAMV w.M. G. coi; SEDC.W1CK S ADDRESS 79 change his plea in the Superior Court as the exigencies of his case may require. The making of copies in the case appealed was a very profitable item in the business of the clerk. All cases at law wherein the matter in demand exceeded seventy dollars were ap- pealable, and all matters in equity in which the sum involved ex- ceeded three hundred dollars were brought originally to the Su- perior Court. In criminal matters the jurisdiction of both courts was concurrent, except in crimes of a higher grade which were tried exclusively in the Superior Court. A case was pretty certain to reach a trial at the second term after it was entered in the docket, unless special reasons could be shown for its further con- tinuance. THE COUKTY COURT — JUDGE PETTlBOKE. The County Court had an important agency in the administra- tion of Justice, fifty years ago. Under the old form of govern- ment it consisted of one judge and four justices of the quorum; under the constitution, of one Chief Judge and two associate judges. When I came to the bar Augustus Pettibone of Norfolk was Chief Judge ; Martin Strong, of Salisbury, and John Welch, of Litch- field, associate judges. Judge Pettibone had presided for several years in the old court, and although he was a federalist of decided convictions, he was continued in office by the party in power until he resigned the place in 1832. It will be remembered that the judges in this court were appointed annually by the legislature. Judge Pettibone had a high standing as a man of integrity and of sound common sense. His early education was deficient and he made many grammatical mistakes in his charges to the jury, but he had been esteemed, and was a lawyer of respectable attainments. He was a native of Norfolk, where he lived to a very great age. He was tall and slender in person, somewhat round shouldered with hair which was very abundant and which remained so during life. No one could doubt the fairness and good sense of his de- cisions ; and, upon the whole, his career as a judge was creditable to his reputation. JUDGE STRONG. Martin Strong of Salisbury, was the senior associate judge. He was a son of Col. Adonijah Strong of that town, a lawyer of the olden time, of whose wit as well as blunders, many stories were rife fifty years ogo. Colonel Strong had four sons all of whom entered into professional life, two as clergymen and two as law- yers. His son. the Rev. William Strong, was father of the Hon. William Strong, of Pennsylvania, recently appointed an associate justice of the "Supreme Court of the United States. Our Judge 8o LITCIIFIKLD COUNTY BENCH AND BAR Alartin Stronj^ had l)eon a member of tlie bar for several years, but had never made a very high mark in his profession — in fact he had never devoted himself very assiduously to the discharge of its du- ties. He owned a large and valuable farm on the town hill in Salis- bury, and his principal business was to attend to that. When he came upon the bench he seemed tt) have a recollection of a few plain legal maxims, but his methods of applying them to cases was not always the most skillful. He was a man of immense physical dimensions, and when he had taken his seat on the bench, he sat in perfect quiet, until the loud proclamation of the sherifif an- nounced the adjournment of the court. He remained in office till 1829, when William M. Burrall, Esq.. of Canaan, took his place. ji'dgf; welch. The junior judge of the court was the Hon. John Welch of Litchfield. He was a native of the parish of Milton and a gradu- ate of Yale College in the class of 1778, a class which is said to have produced more eminent men in proportion to its numbers than any other which ever graduated at that institution. Joel Barlow, Zephaniah Swift, Uriah Tracy, Noah Webster and the last Gover- nor Wolcott, with many other distinguished men. were of the class. Judge Welch never entered either of the professions, but he lived to a very great age. He was appointed a judge of the County Court in the place of Cyrus Swan, Esq., of Sharon, who had re- signed his position on the bench of the court in 1819. Judge Welch continued on the bench till he became disqualified by age in 1829. He made no pretentions to legal learning but his decisions were based on a fair impartial view of the questions as they came up. He always gave reasons for the opinion he had formed, al- ways made himself well understood, and his candor, fairness and sound judgment were admitted by all. JUDGES BURRALL, WOODRUEE AND BOARDMAN. In 1829. when Judge Welch nuist retire on account of his age, it was deemed proper by the legislature to make new appointments of both associate judges. Judge Strong had been twelve years on the bench, and in his place William M. Rurrall. Esq., of Canaan, was appointed senior associate judge, and Gen. Morris Woodruff took the place of Judge Welch. The court continued thus organ- ized till the resignation of Judge Pettibone, when, not only with the consent, but with the decided approval of both associate judges, David S. Boardman, Esq., of New Milford, was taken from the bar and installed Chief Judge of the County Court, which as then constituted, held a high position in i)ublic confidence. SEDGWICK' S ADDRESS 8i PION. FREDERICK WOLCOTT, CLERK The Clerk of the Court was the Hon. Frederick Wolcott, who was appointed as early as 1781, and who retained the place till 1835, when he resig-ned. after a service of fort^'^-four years. He was a son of the second, and a brother of the late Governor of that name, and nndoubtedlv cherished highly aristocratic feelings and had a great amount of family pride, but his intercourse with the members of the bar was gentlemanly and conciliatory. He was of a noble presence, large and manly in person, and always dressed in the best style of the ancient fashion of small clothes, white stockings, and white topped boots. His knowledge of legal proceedings in the County, ran back so far that no one ever presumed to question his accuracy as to leeal forms and precedents. When his resigna- tion was accepted by the Court, a minute, prepared bv Tudge Bur- rail which referred to his long and faithful service, and vhich con- 8i2 LITCHFIELD COUNTY BENCH AND BAR tained the statement that no judginent of the Court had ever been reversed on account of any mistake of the Clerk, was entered on the records of the County Court. He was a member of the Gover- nor's Council under the Charter Government, and was continued in the Senate for several vears, under the constitution. SHERIFF SEYMOUR Moses Seymour, Jr., Esq.. w^as Sheriff of the County from 1819 to 1825, but the active duties of the office were performed by his deputy, his brother Ozias, who had been a deputy of the old Sheriff Landon, and who had become well acquainted with the practical duties of the office as they were preformed in our County. He opened and adjourned the daily sessions, called parties to appear in court as their presence was demanded, and in fact,. was the ac- tive Sheriff in nearly all the proceeding's. He succeeded his brother as Sheriff in 1825, and held the office till 1834. UNCLE JOHN STONE, MESSENGER Nor must we omit to mention here, the messenger of that day, good old Uncle John Stone. How long he had held the place be- fore 1820, I know not, but I found him here then, and it took but a very short time to make his acquaintance, and learn his kindness of heart. He had a kind of dry humor, which sometimes showed itself in witty sayings, and sometimes in pungent sarcasms. He was a faithful messenger, an honest man, and to all human appear- ance, a sincere christian. He retained his place till he fell dead in the public highway, in 1830, in a fit of apoplexy. ni'SIXESS OF THE OLD COUNTY COL'RT There were three sessions of the old County Court in each year in March, September and December. The September term was generally short, merely disposing of the criminal business, and such other preliminary matters as could not be passed over. The March term lasted three weeks, and the December term from four to six weeks, as the business might demand. The first half day was al- ways taken up in calling the docket. Mr. Wolcott had his files ar- ranged alphabetically, corresponding with the entries on the docket and of these some member of the bar. usually one of the voimger. had charge. The Sheriff took his station in the center of the bar, Sedgwick's address 83 and as the cases were named by the Clerk, the proper entries were made both on the docket and on the file, and then the file was passed to the Sherifif, who delivered it to the party entitled to it, and thus, at the close of the proceedings all the files had passed into the hands of the members of the bar where they remained until the case re- ceived final disposition. Three hundred cases were considered as constituting a small docket and I have known as many as nine hundred entered at a single term. ADMISSIO.V TO THE BAR. When I came to the bar in 1820. there were two grades of law- yers in the State. The first admission only authorized the candi- date to practice at the County Court, and a service of two years was required at that bar before he was allowed an examination for admission to the bar of the Superior Court ; and I was at the bar of the County Court for a }'ear or more in expectation of under- going another ordeal in the upper Court. In the meantime the statutes of the State had been revised under the superintendence of Judge Swift and many and material alterations had been made to conform the provisions of the law to the new order of things under the constitutions. The question came before Judge Brainard and he decided that under the revised statutes an admission to the bar of the County Court gave the candidate authority to practice in all the Courts in the State, and that decision was assented to by all the judges. The matter of examining candidates for admission to the bar was, in those days, an imjx)sing solemnity, and the day for that proceeding was a marked day of the term. All the members of the bar were expected to be present and few failed of attending. The committee of examination occupied the judges seats; the chair- man holding the place of the Chief Judge, indicating to each separ- ate member of the committee the subject in which he was expected to examine the candidate, and thus a thorough and searching ex- amination was had. After the examination was closed the candi- dates retired, and the members of the bar gave their opinions seriatim on the question of the admission of the applicant. Some- times candidates were rejected. It had been the practice in early times to have an entertainment at the close of the examination at the expense of the successful candidates, but this had been dispensed with when I was examined. Stories were told of some eminent members of the bar who, on such occasions, indulged in practices which were not creditable to their reputation for temperance and sobriety. Perhaps it was for this reason that the practice was abolished. 84 LITCHFIELD COUNTY BENCH AND BAR PRACTICE. Statutory provisions and the advance of legal science, as well as a more just sense of what is due to the best interest of litigation, have made great changes in the course of proceeding's before the Courts, during the last fifty years. Then, it was customary for counsel to take advantage of any trivial omission which could be found in the proceedings, and a case never came to trial until every possible effort for abatement or delay, had been exhausted. Our Statute in relation to amendments had not then received so liberal a construction, nor was it in itself so liberal in its provisions as it now is ; and thus opportunity was afforded for the display of much ingenuity in the prosecution of dilatory pleas. Then, there were no statutory provisions relating to injunctions. All the power which the Court had in that matter being that with which it was invested by the common law as a Court of Equity, and hence, very little will be found in our Reports on this subject, until about 1826, after the Statute authorizing the judges to grant tem- porary injunctions had been passed. This Statute was introduced into the legislature by Judge Swift, who was a member for several sessions after his retirement from the bench. Since then many cases relating to this branch of jurisprudence, have been before our Courts. Probably more than half the suits commenced in our County Courts, fifty years ago, were brought to enforce the collection of debts, and in some localities this was a profitable business. The County Court then had jurisdiction in all cases where the matter in demand exceeded the sum of fifteen dollars, and this brought into it a great number of suits now tried by single justices, and accounts for the great diminution in the number of cases now brought here. Piles of learning were devoted to destruction by the edict of the legislature, admitting parties and other persons in interest to be heard as witnesses. The nicest and most refined legal questions were frequently brought before the Courts for decision in matters relating to the interest of witnesses, but now they are almost for- gotten by the most learned of the profession. THE AUTHORITIES THEN IN USE. The Statutes then in force were the Revision of 1808, by far the most elaborate and complete of any ever published. It contains a complete history of the legislation of Connecticut on all subjects of statutory enactment from the first, and is still a useful book for studv by the profession. The principal labor of its preparation for })ublication was performed by Thomas Day. Comparatively few American authorities were cited in our Sedgwick's address 85 Courts, then. Mr. Day had pubHshed four vokimes of Day's Re- ports, and then had suspended further pubUcation for want of en- couragement. The Legislature, in 1815, had authorized the Court to appoint a Reporter, and had given him a salary. Under such an appointment, Mr. Day had commenced publishing the Connecticut Reports, and had published three volumes of them, when he publish- ed the fifth of Day, thus filling the gap between the fourth of Day and the first of Connecticut. The N. Y. Reports, by Caine and Johnson, down to the 12th of Johnson, and twelve volumes of the Massachusetts Reports, were out, and these, with our Reports, were about the only American authorities which were cited in our Courts Not a single American elementary work had then been published, ex- cept Swift's System and Swift's Evidence. The English Reports from Burrows down, including Douglas', Cowper's, Term, and East's Reports, down to the 12th volume, with Blackstone's Commentaries, which were always on the table, were the staple authorities of the times. I remark in passing, that Judge Reeve said that he consider- ed Cowper's Reports the best that had then been published of the decisions of the Court of King's bench. But it is time to speak of the warriors in those bloodless forensic battles which were fought on this field, fifty years ago. They are all fresh in my memory, but they have passed from the stage of life. I have delayed this part of my undertaking to the last moment, from the mere dread of entering upon it. I feel it to be a very difficult task to present the lawyers of those days to the profession now, in anything like their just attitude. Men of the highest attainments at the bar are entirely different from each other. Many little things which cannot be detailed enter into the composition of the characters of different men. The same qualities mingle in unequal proportions in different persons and I feel embarrassed in every way as I ap- proach the task of speaking of the professional gentlemen who manned the post of duty on this field, fifty years ago. There were then, as now, two clases of the profession here. One class had a local practice, being principally engaged in causes arising in their immediate locality. The practice of the other class was co-extensive with the power of their ability and not always confined to the countv — of this later class there were several here. JUDGE GOULD. The Honorable James Gould had undoubtedly stood at the head of the profession in this state, both as an advocate and a lawyer, previous to his elevation to the bench of the Supreme Court. After his retirement from that position he professed to have retired from practice, and devoted himself principally to giving law lectures to 86 ijTciiFiivi.i) coiwrv np:xcif axd p.ar students, but in two cases in this county, and one in Hartford County, he came to the bar and conducted the trials. One was the case of the Phoenix Bank against Governor Wolcott and others, in which the Governor endeavored to avoid payment of a debt for which he was only a surety, on the grounds of usury. It was a proceeding in equity, and the argument of Judge Gould was exceedingly able and elaborate. He occasionally indulged in keen, cutting sarcasms, which pointed strongly to the Honorable defendant who was present. His argument was what Cotton Mather would call "a Incident com- mentary" on the law of usurv. The case was decided in favor of the Rank. The other was a trial to the jury in which a very intimate friend of Judge Gould was a party, and in this case his professional emi- nence was exhibited in a very striking manner. In his argument he was entirely unimpassioned, and remarkably clear in his illustra- tions. He stood much of the time with his hand on a book, which stood on one end, on the table before him, and I do not remember that he made a single gesture during the whole time of his argu- ment. He occupied the attention of the court and jury for an hour and a half, and it was the last case he tried. He was a perfect master of the most effective method of delivery. In his written opinions while on the bench there is sometimes an involution of thought and language as well as a prolongation of sentences which renders neces- sary the strictest attention while reading to work out the true mean- ing, but in his oral deliveries he had such a perfect mastery of the laws of accent, emphasis and cadence as to make his meaning in- telligible to the most careless hearer. The exhibition of his ability in this case was an ap]:)ropriate closing eft'ort of a long career of high professional eminence. There were a few other members of the bar. not reaching the eminence of Judge Gould, yet whose practice was co-extensive with the county and extended sometimes into other counties. The names of the following gentlemen now occur to me as belonging to that class: Xoah B. Benedict. Asa Bacon, Elijah Sterling, David S. Boardman and Phineas Miner. I have not included the name of Jabez W. Huntington, for the reason that he was then a young man and had not, by any means, reached the high standing which he afterwards attained. He was engaged in very many of the cases tried, but very often as a volunteer in aid of some young beginner who had sought his help, which under such circumstances he was always willing to render. For the same reason I have omitted the late Chief Justice Church because he was then just beginning to obtain a good professional standing, and wis called to the bench of the Supreme Court which he afterwards greatly adorned before he had obtained the high rank as a lawyer wliicli otherwise surely awaited him. Sedgwick's address 87 noah r. benedict. From my best recollection of the standing of the first lawyers at the bar in those olden times. I am inclined to award the first place as an advocate to Xoah B. Benedict. He had every advantage which a fine personal appearance could give him, not very tall, but well proportioned, with a countenance of great beauty, indicating kind- ness of feeling and intelligence of mind. His arguments produced conviction in the minds of the triers more by insinuation than by impression. He was earnest, but seldom impassioned, mild and winning in his manner, and thus worked his way as by stealth to the heart and convictions of the court and jury. I remember a case on trial in which he was opposed by Boardman ; and Benedict, who was for the defendant on the trial, contested the points inch by inch as thev arose in the case. Durinsf an intermission some one asked Boardman how they were getting along with their case. He replied impatiently, "Not very well. Benedict is as ingenious as the devil can make him, and he plagues us to death." He was engaged in nearly all the important cases tried in all the courts, and his practice was extensive in New Haven and Fairfield counties. He attended the session of the Supreme Court at Litchfield in 1831 and argued several cases, but left on account of illness before the term closed. In a short time I heard he was dead. He had reached the age of sixty-one years. In the case of Fairnian vs. Bacon the last case but one which Mr. Benedict argued. Judge Daggett, in giving the opinion of the court, pays the following tribute to his memory: "I have, in this opinion, made great use of a brief furnished by the late, lamented Mr. Benedict, because I found it presented the argument in that terse, yet luminous view of which that gentleman was so conspicuous, and by which the court were so often instructed and enlightened, and rarelv more so than in this, one of his last efforts." ASA BACON. Asa Bacon was a native of Canterbury and came to Litchfield as early as 1806, after a short period of practice at East Haven, and, for a while, was a partner of Judge Gould. In 1820 he had become a leading spirit at the bar. He had a fine personal appearance, being tall and well proportioned, and usually richly dressed. The first time I saw him before the jury his head was well cased in powder and pomatum, and a long queue was dangling at his back ; but he soon laid aside this conformity to old time fashions, although he was the last member of the bar to do so. He was undoubtedly a very hard student, and his briefs were the result of extensive and faithful study, but was after all an interesting speaker. He would sometimes 88 LITCHFIELD COUNTY BENCH AND BAR interlude his arguments with si)eciniens of drollery and flashes of wit. and the expectation that these would be put forth secured a very strict attention from all his hearers. He frequently quoted passages of scripture, and commented upon them, not always irreverently, but sometimes with rather unbecoming levity. He was a mortal enemy of universal suffrage, and once in commenting upon the para- ble of talents he called the bailee of one talent wdio had hid it in the earth o ninvcrsal suffrcv^c man. He was a genial, jolly, com- panionable man, and although not addicted to excessive liberality in his benefactions, still kept himself in good standing while he re- mained here. When he had reached the age of sixty years he was appointed president of the Branch of the Phoenix Bank, located in Litchfield, and after that was never seen professionally engaged in Court. The last years of his life were spent in Xew Haven where he died at a verv advanced age. GENERAL STERLING General Elisha Sterling was a native of Lyme and a graduate of Yale College in the class of 1787. He studied law with the Hon. John Canfield of Sharon, who was his father-in-law. and settled in Salisbury in 1791. He was a man of high order of talent, and had he addressed himself solely to professional points would probably have stood at the head of the bar in this county. But he loved money and gave much of his time to different kinds of business, and acquired great wealth for those times. Notwithstanding this propensity he had an extensive practice and was engaged in most of the cases coming from the northern portions of the county. He was a ready speaker, not very select in the choice of words and not eloquent by any established rule of elocution, but there was a kind of impetuosity in his manner, accompanied by a rapid but dis- tinct utterance of language which gave him popularity as an advo- cate. He was appointed State's Attorney in 1814. and held the office six years when Seth P. Beers, Esq., was appointed in his place. He retired from practice soon after, and died in 1836. at the age of seventy-two years. His wealth enabled him to indulge the strong- taste he had for a handsome style of living and equipage, and in that direction his mind had stronsf aristocratical tendencies. JUDGE BOARDMAN David S. Boardman was a native of Xew Mil ford and settled there in the practice of law after his admission to the bar in 1795. sedcwick's address 89 He was a man of retiring- disposition, in no way giving- showy dis- play of his powers, but he was a finished legal scholar, and was deemed a very safe and prudent professional adviser. He had a very nice literary taste, and the least grammatical blunder by a judge or lawyer attracted his attention and frequently his ridicule. His argu- ments were pointed specimens of perspicuity, precision and force, but he failed to attract much attention as an advocate through a defect of vocal power. His voice was feeble and could scarcely be heard except by those who were near him. He had a high char- acter for moral rectitude, and his four or five years service at the head of the County Court gave it a dignity and moral power which in other years it had scarcely obtained. Sketches from his pen, descriptive of some of the members of the bar in this County of the last century were published in one of our county papers, some twenty years ago, and they are of the deepest interest to those whose tastes lead them in that direction of historic inquiry. They were originally in letters written to myself, and were afterwards with his consent prepared for the press and published in the paper and in pamphlet form. He was a College classmate of Asa Bacon and they were warm personal friends. He lived to the great age of ninetv-seven vears. PHINEAS MINER. Phineas Miner, the last because the youngest of the class of lawyers to whom I have referred deserves a much more extended notice than I shall be able to give him. His amiable and genial temper as a man seemed to make him very popular as a lawyer. Fidelity to his client and a laborious attention to their interests was a marked trait in his professional career. He commenced practice in Winchester, his native town, and had there acquired a good stand- ing in his profession when he came to Litchfield in 18 16. He had an extensive practice and was noted for the diligence with which he pressed every point, however unimportant, which could be made to tell in favor of his client. His arguments were generally ex- tended to a great length, and I have known him to receive a gentle hint from the Judge recommending a condensation of his thoughts. He died in 1839 at the age of sixty years, and Mr. Day, the Reporter, gives a flattering estimate of him in a foot note on the 134th page of the 13th volume of Connecticut Reports. I am now to speak of a class of lawyers, much younger than those to whom I have already referred, but who had obtained a good standing at the bar fifty years ago. 90 i,[TciiFir-;r,i) county nKxcii and bar WILUAM G. WILLIAMS. Of New Hartford, stood as high as an\- member of this class. He belonged to the eminent and reputable \Villiams family of Massachu- setts, his father being a nephew of Colonel Ephriam Williams the founder of Williams College, and himself the first cousin of Bishop Williams of the Episcopal Church of Connecticut. As a special pleader he had no superior at the bar. He had a tolerably fair stand- ing as an advocate, and was indefatigable in pursuing to the last possible effort any purpose he had undertaken. If he failed in one form of action he would try another, and never gave up till further persistence was hopeless. He commenced business as a lawyer in Sharon, where he married, but after a few years he removed to New Hartford, where he remained during his life. He had scarcely reached the age of sixtv ^■ears when he died. JOHN STRONG, JR., Of Woodbury, his native town, was a lawyer of very fair standing. I remember once to have heard Judge l^oardman say, that if he found John Strong differing from himself on a point, he always doubted the correctness of his own conclusions. He was a ready speaker and had a peculiar habit of looking all over the hall, fre- quently directly behind himself, while he was addressing the jury. His arguments were clear and logical, and he was always listened to by the court with attention. He had scarcely reached the age of fiftv years when he died. CALNIX IH'TLKR, Of i'lymouth, had a very good reputation as a lawyer. He also stood well with his fellow citizens of Plymouth, as he was often a member of the legislature, and he was of the convention of this state. He was also a member of the Senate in 1832. He had a part in all cases which came from that town and managed a trial very well. He was earnest in his manner of addressing the jury, and he was in full ])ractice up to the time of his death, when he had reached the age of seventy-two years. He died suddenly, while away from home, and left behind a good record as a faithful law- yer and an honest man. CYRl'S SWAN, Of Stonington, came to the bar of this county in 1798. He settled in Sharon, and continued in full practice for twenty years. He was skdgwick's address 91 appointed a judge of the county court in 1818. and reappointed for the succeeding year, but resigning the office before the close of the term. His health becoming intolerant of sedentary habits and re- quiring out-door pursuits, he never resumed full practice, altliough he occasionally appeared in trials where his old friends demanded his aid. His arguments were clear, sound and sensible, and were listened to with attention. His mind was well stored with sound legal maxims and his aim seemed to be to make a sensible applica- tion of these to the case in hand. He died in 1835 at the age of sixty-five years. AXSEL STERLING. A younger brother of the General, with whom he studied law, settled first in Salisbury, but in 1808 went to Sharon, where he spent his life. His talents were diversified, addicting himself readily to any pursuit which was a source of money making, in which he was very successful. As a lawyer, his forensic ability was of high order, nor was he deficient in legal science. His language flowed readily and rapidly, and sometimes his appeals to the jury were very effective. He was a member of Congress for two terms, and did not conceal his disappointment that he was not nominated for the third. That compliment was aft'orded him two years later, but he was defeated by (3range Merwin whom the federalists had placed on their ticket. He died at the age of seventy-two years, leaving a large estate and a numerous family. JOSEPH MILLER, Of Winsted, who died recently in Michigan at a very advanced age, was a man of moral talent and of a higher order of legal acquire- ments than he usually had credit for. After the removal of Mr. Miller to Litchfield, his practice was large and continued to be so for several years. His arguments were short, compact and logical, and were listened to with attention and interest. In middle life he removed to Michigan, where lie had a prosperous career. WILLLVM M. BURRALL, A native, and through life a resident, of Canaan, was a lawyer of very extensive practice in one branch of business. He commenced a great manv cases to the court, but never argued one on the final 92 LITCHFIELD COUNTY BRXCH AND BAR trial. He would sometimes argue motions for continuance, or for other purposes, and his success on such occasions showed that he had underrated his own powers. Although he did not argue his cases he w-as the master spirit in managing all the details of the trial, in what order witnesses should be called, and the points of testi- mony brought out. His associates depended greatly on his skill in conducting this part of the proceedings. He had a kind, affable and winning way in his social intercourse, and his offices were em- ployed in adjusting and settling legal controversies. He acted as committee and arbitrator in more cases than any other member of the bar of his time, and if a desire to make himself as indifferent as possible to all parties sometimes seemed to hold him back from de- cisive action, he always, in the end, showed true firmness and in- tegrity. He was an associate judge of the County Court from 1829 to 1836, and after that chief judge for ten years. He died at the age of seventv-seven vears. COLOXEL WILLIAM COGf.SWELL, Of New Preston, a very worthy and respectable gentleman, was a member of the bar and was very seldom absent from the courts, He never engaged in the trial of a case, and very seldom spoke to the bench, but he was always a busy man in the court room. He was one of the electors who cast the vote of Connecticut for John Quincy Adams for President in 1824. He died before he had reached a very advanced age. SETH p. I'.EEKS. When I came to the bar in 1820, Seth P. Beers, Esq., was in full practice. He was appointed State's Attorney soon after, but resign- ed in three years, having been appointed Commissioner of the School Fund, which office he held for twenty-five years. I have heard him say that some terms of the Court he had commenced as many as one hundred and fifty cases, and he was very thorough in all matters committed to his trust. His talents as an advocate were respectable, his briefs being very full and his knowledge of every minute point being very complete. It is hardly necessary to speak further of him as he lived down to a period within the memory of most of those who are present. PERRY s:\iiTH, Of New Milford, held a somewhat prominent place at the bar and his practice was extensive. So many different estimates have been SETH P. BEERS SKDC.AVICK S ADDRKSS 93 made of Mr. Smith's real qualities, that it is ditficult to speak of him with any very strong assurance of correctness. That he had talents and friends the success he achieved both as a lawyer and a politician render certain, but those who remember the time of his professional experience, here, know that he had enemies, and such would be the natural result of the unrelenting bitterness with which he pursued his adversaries in his efforts before the courts. There was a bitter- ness in his invectives, a persistence in his persecutions, an implaca- bility in his enmities, which gave a decided character to his pro- fessional career, and which insured him the enmity of all against whom his efforts were directed. He was always listened to with a kind of inquisitiveness as to what new fountain of bitterness he would open, or what new invectives he would invent to pour out upon his adversary. These were sometimes directed against the opposing party, and upon the whole he incurred a great amount of hatred. I am only speaking of what occurred in court, and express- ing the opinion which we would form in witnessing his professional conflicts. It cannot be doubted that he had many friends and sup- porters outside of this scene of action and it is not likely that he was as warm and constant in his friendship as he was bitter and unre- lenting in his hatreds. After his election to the United States Senate he retired from the bar and was very seldom seen here. ROGER MILLS Of New Hartford, was at one time a partner of Mr. Williams, of whom we have already spoken, from whom he differed in every re- spect except that both held the position of honorable and worthy gentlemen. Mr. Mills was slow in his conception of thoughts, slow in all the movements of mind, and very slow in his delivery of his arguments, and yet when all his duties in a case were accomplished it would be seen that he had made a creditable effort and that he was far from being a lawyer of indifferent pretensions. His son of the same name succeded him in the practice of law at New Hartford, but has since moved to Wisconsin where he has had a successful MICHAEL E. MILLS Of Norfolk, was a somewhat prominent member at the bar. not because he had very much legal ability, but because he had the tact to make much show out of little substance. He never attempted to argue cases in the higher courts, but on the trial of motions as they came before the Courts, he was very prominent. We all thought t)4 LITCTIFIKLD COUNTY BENCH AND BAR well of Uncle Mich, as we used to call him and so did the people of Norfolk, for he was always a prominent man in the affairs of the town. He was a member of the leg'islature in 1830 and 1831, and there made himself conspicuous in the same way he did before the courts. He lived to a very advanced asre. CHARLES B. PHELPS Settled in Woodbury soon after his admission to the bar, nearly sixty years ago. He continued in practice while he lived. He died suddenly, from a disease of the heart, at the age of seventy-two years. He held a respectable position as a lawyer and for two years was a judge of the County Court, while that court was holden by a single judge. All who knew him have a very pleasant memory of his genial hnmor, pertinent anecdotes, and witty and pungent say- ings. The younger members of the bar were delighted with his com- pany and all deeply deplored his sudden death. MATTLIEW .MINOR Of Woodbury, was a lawyer of good classical education and respect- able legal attainments. He had a native diffidence, which prevented him putting himself forward, very often on the trial of cases, but when his powers were brought out he made a respectable show. He belonged to one of the eminent families of Woodbury and for personal qualities was very much res]iected. NATiFAXlKL 1'. PERRV Of Kent, was a quiet, unobtrusive, conscientious man. He was the only lawyer in that town during the greater part of his professional life, and did a good local business. He was very diligent in the pur- suit of his profession and generally argued the cases that he com- menced. He was a member of the Senate for two successive years and died at the age of about sixtv vears. HOLBROOK CURTIS Was a native of Newtown but i)racticed law in Watertown. He was a judge of the County Court for two years was frequently a ■0 V JUDGE C. B. PHELPS SEDGWICK S ADDRESS 95 member of the legislature, where he had a good share of influence. He was usually chairman of the committee on divorces and his re- ports in such cases were very interesting. He was a man of good common sense and acquitted himself creditably as a judge, but his powers failed with his advancing life and lie lived for several years in comparative obscurity. ISAAC LEAVENWORTH AND ROYAL R. HINMAN. There were two lawyers in Roxbury fifty years ago, Isaac Leaven- worth and Royal R. Hinman, who made a considerable show of busi- ness before the courts, but who retired from practice in the course of a few years. Mr. Leavenworth went into other business in Xew Haven where it is said he has been very successful and is still living at a very advanced age. ]Mr. Hinman held the office of Sec- retary of State for eight years, and published several pamphlets con- taining the statistics of many of the most prominent families in the state. JOSEPH H. BELLAMY Of Bethlehem, deserves more than a passing tribute. He was a grandson of the celebrated divine of that name and was a man of great moral worth. He never had a very extensive practice as a lawyer, but was much imployed in various branches of public busi- ness. He was frequently a member of the legislature, and once -rep- resented the sixteenth district in the Senate. He died in middle life, and all, of all names and parties, pay him the tribute of an affectionate and respectable remembrance. THEODORE NORTH Of Goshen, his native town, removed to Chenang'o County, N. Y., about 1823. He graduated at Williams College in 1806 with the highest honors of his class. He was a remarkably well read lawyer, and had a respectable standing as an advocate. He attained to eminence in his profession in the State of New York. He died some twenty years since. 96 IJTCHFlKLD COUNTY BEXCH AXD BAR YOUNG jMEMBEKS OF THR BAR. In 1820 there were several young members of the bar who had just commenced practice, some of whom afterwards became eminent, and two of them, Truman Smith, and his cousin Nathaniel R. Smith still survive. Besides these there were George W'heaton, Leman Church, David C. Sanford. Nathaniel Ferry of New Milford, and William S. Holabird. These all lived to a period within the memory of many now in practice here. Perry died at an earlier date than either of the others and left a family, but he was still a young man when he was called away. Sanford became judge of the Supreme Court and was greatly respected for his eminent fitness for the place. Wheaton was celebrated for the great skill with which he prepared his cases for trial, and his arguments, homely in style, and common- place in method, were listened to with great attention. They were often charged with dry shots of wit which told upon his adversary and excited merriment with the bar. LKMAN CHURCH Obtained quite a celebrity for his legal acumen and sharp points of character. If a lawyer is to be deemed successful in proportion to the number of cases in which he w'ins he was far from being a successful lawyer. T am inclined to think that the spirit of forensic combativeness, which seemed to possess the whole man, led him sometimes to advise groundless prosecutions and to encourage groundless defences. He wanted to fight, no matter whether for the right or wrong, and the consequence was that he lost more cases in proportion to the whole number in which he was engaged than any other lawyer at the bar. Still, nobody could deny that he possessed eminent shrewdness and sagacity as a lawyer, as well as forensic abilitv of verv high order. WIULIA.AE S. UOLABIRD. A native of Canaan, practiced in Colebrook, but spent most of his life in Winsted. He possessed talents which might have given him prominence and distinction as a lawyer had he devoted himself strictly to professional avocations, but he addicted himself more to other pursuits than to that. He was Lieutenant Governor for two years, and for a short time United States Attorney for the District of Connecticut, and I never heard any complaint of his want of fit- ness for either position. He experienced various fortunes in his worldly affairs, being sometimes poor and sometimes rich. At TRUMAN SMITH SEDGWICK S ADDRESS 97 his death, which occurred soon after he reached the age of fifty rears, he left a handsome estate to his family. There were a few young members of the bar in 1820 who died after, a short career, some of whom were probably never heard of by the members of this generation. Their names now occur to me : Homer Swift of Kent ; Philo N. Heacock of New Alilford ; and Chauncey Smith of Sharon. These started in professional life with ardent hopes and fair prospects of success, but their career was soon cut short bv death. GEORGE S. BOARDMAN', Son of the Hon. Elijah Boardman of New Milford, was admitted to the bar in 1821. He was a young man of decided promise and was a special favorite of his uncle Judge Boardman. When I visit New Milford I observe, still standing, the brick fire proof office which his father built for him. but he lived only a few months after taking possession of it. and his death was greatly lamented through- out the community. His efiforts at the bar gave proof of decided talent and he had made himself a special favorite among the mem- bers. CONCLUSION'S. The whole history of this bar for the last fifty years, teems with pleasant recollections. As a whole, it has a reputation for high toned integrity and professional comity among its members which is very much to its credit. If there have been instances of profes- sional delinquency, they have been so rare as to have made no mark on the record of the times. I have now spoken, to as great an extent as the time will allow, of the men who flourished in this temple of justice fifty years ago. I have no time to give expression to thoughts which come up. with great urgencv for utterance, upon such an occasion as this, or to review the history of the last fifty years in any other relation than those which appertain to the administration of justice here. The progress of human afifairs during that period, towards their final con- summation, has been marked with great changes and vicissitudes. What shall be their development during the fifty years to come, can be of very little personal interest to me. I cherish the hope that this bench will continue to be occupied by judges of integrity, ability and of high judicial aptitudes, and that this bar will continue to be adorned with members whose pure lives and eminent attainments shall make their position one of honor and usefulness. gS LlTCilF'lELD COUNTY BENCH AND BAR Standing here alone, the only member of this bar who has been in practice for fifty years, I take pleasure in expressing to my brethren of more recent experience the deepest gratitude for the pleasant and friendly relations they have permitted me to enjoy with them during the whole of our acquaintance. l]y their kind amenities and the favor of the judges, the rays of my evening sun have fallen upon me softer than did those of my noonday. These precious remembrances will remain with me as long as I have consciousness, and in conclusion I say to my brethren, not as a thoughtless wish, but as an honest prayer — may God bless you, each and all. ntmtB ^tminiBtnctB REMINISCENCES OF THE LITCHFIELD COUNTY BAR DELIVERED AT THE CENTENNIAL BANQUET NOVEMBER 18, 1898 BY HON. DONALD J. WARNER DONALD J. WARNER Reminiscences of Litchfield County Bar. Mr. Chairman and gentlemen of the Bar. I thank you all sin- cerely that I am permitted to be present on this occasion, and the effort would require better language than I can express to tell you of my gratitude at your kind reception. If I understand the purport of what is expected of me on this evening it is that I shall give my reminiscences of the Bar, of the sayings and doings of the dead who have passed before me. As a preliminary matter I wish to call your attention to an earlier period in my life in relation to the great inroads made by the Legislature of the State of Connecticut upon the ancient laws. Fifty years ago last April, through a rupture in the democratic party in Salis- bury to which I belonged, a faction, 1 ought to say. not being identi- fied with either, but attending to my own business rather than to any political aspirations, I was urged to stand for the nomination for representative to the House ; I did so, was elected and became a member of the Legislature which held its session in May. 1849. Fortunately or unfortunately I was elected, in my 29th year, although at that time I was considered a very youthful man to legislate for the people of the State of Connecticut. Lafayette Foster, the distin- guished gentleman, state senator and judge of the Superior Court, was the Speaker of the House ; Hon. Charles J. McCurdy afterwards minister to Austria and a judge of the Superior and Supreme Courts, was Lieut. Governor and presided over the Senate. I was highly honored, without any solicitation on my part, by being ap- pointed on the Judiciary Committee. Of course I had to go to the tail end of it, a very proper place for me, Mr. Huntington : — liut that tail wagged the dog. Mr. \\'arner : — Well, I will tell you about the dog later. In the }ear 1847, three distinguished men in this state had been ap- pointed a committee to revise the statutes of the state. That com- mittee consisted of Governor Minor, afterwards a Superior Court judge. Judge Loren P. Waldo and Francis Fellowes, a lawyer, keen and shrewd, of Hartford, on that committee. The very first thing that was referred to our judiciary committee was the report of this revision committee, and our very first subject were the details of that report. They appeared before us at our first sitting. And al- low me to say right here, that chief- justice Butler of Nor walk, then state senator, was the chairman of that judiciary committee. The revision committee had drafted one or two laws which they wished the judiciary committee would see were oft'ered in the Legislature IC2 WARXKR S KP311N1SCEXCES and passed so that it might be incorporated in the revision which would be published that \ear. This was only an act permittinq- and authorizing", in a suit between parties, that the party in question should have the privilege of call- ing upon the opposite party as a witness to testify to the facts that he might inquire about. Judge Waldo was also on the judiciary committee, repesenting Tolland. The distinguished William W. Eaton was his colleague in the House. I, being the first at the tail end of the committee, was called upon after the discussion to g"ive my opinion. The opinion which I gave I had a long time under consideration in relation to the law of witnesses and parties inter- ested being permitted to testify. Chairman Butler called upon me to give my opinion. I said distinctly, (it was in the presence of the revision committee also) that I was opposed to any such law. They had said to me it was a copy of an Act that had been passed in the State of New York, a recent statute there, and I gave my reason as being opposed to it, one great reason was this, that an honest party might be compelled by a scoundrel to testify to a fact that would be damaging to him unless he had the same ability to testify himself. And I was in favor of going further, I was. in favor of passing an Act which would sweep away and wipe out that century- old doctrine and permit every man, party or interested witness in any form, to tell his story before a court and jury, that justice might be done. I said further "look over your Connecticut reports and you will find decision after decision where questions have gone up to the Supreme Court to ascertain whether there was a shred of interest in the witness that testified before the court. I said to them "we have the action of account in which witnesses are permitted to testify ; we have the action of book debt in which all parties may testify, and how many cases will you find in the reports in this state where the question is laid before them whether an action which was brought in book debt did not properly belong in an action of general assumpsit. Well, the next gentleman was the late Hon. John P. C. Mather of New London who sat at my right. He concurred with me, and so it went around from lawyer to lawyer and laymen, we had an excellent layman there, he did royal work, and it was passed unani- mously with the exception of Judge W^aldo, who said: "I am in favor of the law, but we tried it last year in the Legislature and it could not pass and the people are not ready for it, and I have con- cluded that the next best thing to do is to adopt the law of New York." Well, there was then in the House a man named Peck of New Haven, a brilliant man, a lawyer by education and a leader of the Whig side ; there was Trumbull, later Governor, there was the elder Charles Chapman who were leaders from Hartford, there was Chauncey Cleveland. Ex-Governor, a power anywhere, his name and his fame are known t'^ von all : there was William W. Eaton WARNER S REMINISCENCES I03 also. Well, I was finally instructed by the chairman, Judge Butler to draw up a bill and have it presented. I drew the bill which was introduced in the House or Senate, I forget which. It immedi- ately passed the judiciary committee, and was introduced into the House, and also in the Senate. It lay upon the table sometime there and the matter was often cussed and discussed. Judge Dutton came to me while in the House and said to me "Mr. Warner, every member of the Superior and Supreme Court is opposed to this law, it is such a radical change that they think a great injustice, wrong, fraud and perjury will be perpetrated in the administration of jus- tice." I said "Well, I can't help that, I am in favor of it." So it went along, and one day Judge Dutton came to me in my seat and said to me "Mr. Warner do you intend by that Act that a criminal should testify in Court?" "By no means, sir." Dutton said "W'ell, he has a right to." I said "No, sir." Well, we looked at it and he explained it to me, to my astonishment I felt as if I had done a very wrong thing, that I had disgraced myself by drafting a bill that extended the law to criminals, and I looked at it and it convinced me that he was right. I immediately went to Chapman in his seat and told what Judge Dutton said and I told him I thought it per- mitted of such an interpretation. He replied "well, it does, now what shall we do?" After a thought, he said "Warner, draw an amendment, when it comes into the House, just move an amendment to the bill." Well, I drew the amendment and soon after that Chap- man came to me hurriedly and said "that bill has only passed the Senate by the casting vote of the Lieut. -Governor, don't you intro- duce that amendment, don't say a word, unless objection is made in the House, and then you can ofifer the amendment." The bill came into the House passed by the Senate and the usual formal vote was gone through with and the bill passed in the House. Chapman came around to me and said he "Well, Warner, it went through like grease." Thus was passed the law which made a radical change in the administration of justice and permitted interested parties in criminal as well as civil cases, to testify in their own behalf. That law I consider one of the wisest laws that was ever passed by this Legislature and the roll of honor for it stands to Connecticut, and I thank God that some of its labor belonged to Litchfield County. The very next term of the Superior Court in Litchfield County after that session of the Legislature was held in August and pre- sided over by Judge Church, a native of Salisbury and one of the best lawyers on the bench. There was an interesting criminal trial on the docket, a lawyer of prominence from New York and Judge Seymour were the prisoner's counsel. The defendant had put in his evidence when Judge Seymour arose and said to his Honor, "here is a statute passed by the last Legislature. I am not clear in my own mind as to the proper interpretation of it, whether it will permit the prisoner to testify or not, but I am of the opinion that he I04 LITCHFIELD COUNTY BEXCH AND BAR has that right, and I submit the question to your Honor for the purpose of determining-." The Judge with considerable acerbity of feehng animadverted upon the passage of that law as cutting up root and branch of the old principle which had come down to us and which no one had conceived ought to be changed. He thought it would introduce fraud and perjury and all those things which go to outweigh and destroy justice as administered by the court. Then Seymour, after the judge had decided that the prisoner had the right to testify, said to the States Attorney "Then I oiler you this prisoner to testify, I don't propose to put him on the stand for he might say something which might inadvertently injure his case" and that was a shrewd act on his part. The States Attorney de- clined to accept it and the prisoner did not testify. Now there was another radical change and overthrow of the com- mon law principle, and that was that no plea in abatement of a suit brought in an action of tort should bar the prosecution of it, which was in effect that the right of action for personal injuries survived. In other words, that the executor or administrator of a person that had deceased could continue an action commenced by the deceased. Well, that was a charitable act. but too radical for many of the lawyers, but it passed the Legislature and no one has seen fit since to have it repealed. Now I will tell of an incident which I heard which shows the workings of the old law. There was a distinguished lawyer by the name of Loomis in Bridgeport, a merry fellow full of fun, and there was also Dwight Morris. This was before the passage of the law of the survival of actions for personal injuries and before the law allowing criminals to testify. There was a wayward son down in Bridgeport who had an old, warm, kindhearted father. This wa}^- ward son had cost the old man many hundreds of dollars and great grief. He had recently committed some tortious act and he was prosecuted criminally and convicted and then prosecuted civilly for damages and his body was attached, and the poor old father gave bonds for his appearance at Court. This worthless son was a merry-go-round fellow and he began to have some feelings for his old gray-headed father, who was in great grief and sorrow and in great afifliction ; his money was nearly ex- pended on his boy who was so wayward. Well. Dwight Morris was the junior counsel who was most familiar with the case that had to be tried at the approaching term, and this rollicking fellow came into his office one day and talked over the case and the facts in it, how much thev could' do and what circuuLstances would mitigate the damages. He said "Well, now. Morris, supposing I should die be- fore that case comes on ; would that have any effect on the case ?" Morris said "Why. yes, that would end the case." This son then replied "Bv God. I guess I had better die first." Morris said 'T think that is a damned good idea." A few days before the session WARNER S REMINISCE^NCES IO5 of the Court Dwight Morris hurried into Loomis's office and said "My God, Loomis, I guess I have committed murder." "Why?" "Wh\- our chent is dead, he has committed suicide ; he came into my office and said he guessed he would (He if it would end the case," and in a foolish manner I said "Why, it would be a damned good idea." Well, the case went out, the poor old man's money was saved, and he lost his son. It is a well-established fact that in the law repealing that old common law which prohibited an interested witness to testify, Con- necticut was the pioneer. And that Westminster Hall in England from which we received our common law adopted that very act that was passed by the Legislature of 1848. And from there it has cn.- tended all over the Ignited States. Brethren, I commenced reading law in March, 1841. under the instructions of Hon. John H. Hubbard at Lakeville, and I spent a portion of my time under his advice at Litchfield so that I might have the advantages of attending Court there, and under the in- struction of the Hon. Origen S. Seymour, that venerable and great man. I completed my studies with Mr. Hubbard and was admitted to the bar at the August term, 1843. ^^ow as it was expected of me that I should speak of the lawyers who are gone, that T knew when I was first admitted to the bar, I shall go in routine and start with tiiy native town. Before I come to those that I knew, I wish to speak about an- other man, one of the pioneers of law in the town of Salisbury, be- cause he was the ancestor of a very distinguished race of people, the ancestor of that prominent man, a judge of the Supreme Court of the L^nited States who went from the State of Pennsylvania and died a few years ago. Adonijah Strong was one of the rough- est pieces of granite, I suppose, that ever existed. He had a strong powerful mind, he was full of wit and humor, he was illiterate, but he had great common sense and he had great force and ability and eifect upon the court and jury, as I have learned by tradition. Adonijah had a peculiar voice, it is said, and he had a good old wife by the name of Xabby. and a great many stories are told about him. He was a strong man and belonged to the Congregational Church and a great supporter of it. There was another colonel there, a distinguished man. Col. Joshua Porter. He was the ancestor of distinguished sons, one of them was a cabinet officer under the presidency of John Quincy Adams. Xow about the time that the Methodist people organized a society in Salisbury there was a great deal of opposition to them. I guess there was more objection to them than the Salvation Army has seen in these later days. They held a meeting in my old school district on Ore Hill, and Col. Strong and Col. Porter had made up their minds that they would go over there, but not for any very religious purposes. Well, they each had a peculiar reputation. Col. Strong had the reputation of im- I06 LITCHFIELD COUNTY BENCH AND BAR bibing considerably and eating heartily. Col. Porter had another reputation, but I will let you guess what that was. It is spoken of in the Scriptures. Well, the clergyman who was to othciate on that occasion had been advised and Col. Strong's character was por- trayed and so was Col. Porter's. They went in and sat down, and, as I said, for not very worthy purposes, and after a while the clergy- man was speaking about the characteristics of ditTerent individuals, and he said "where is that wine-bibber and a glutton?" Col. Strong got up and said "here I am, sir !" and sat down. The next thing the preacher said when speaking of the wickedness of the world, "and where is he." Col Porter sat still. Strong said "Col. Porter, get up and answer to your name as I did?"' Now I will come to those whom I knew in Salisbury. There was John G. Mitchell of Salisbury, I believe he was born in Southbury. He came from a very pious parentage and was admitted to the bar, and came to Salisbury at an early age. He was not an educated man academically speaking, he was rough in his manners, uncouth, but he always maintained a reputation of a man of the highest integrity, but that is common among- laywers in Litchfield County. Everybody esteemed him. He had in his office a very few books, old and musty, but he was a trial justice and judge of probate after the establishment of the Salisbury district. He was also connected in merchandise with Mr. Walton under the firm name of Walton & Mitchell, and he lived to an advanced age. He was rough and un- couth, but he had great redeeming traits. Late in life he came under the influence of a revival in the village in Lakeville and be- came a very religious man to the astonishment of everybody. He was frequently called upon to speak in Methodist and re- ligious meetings, he attended faithfully always, and in one of them he spoke of how they should work and toil to bring men into the fold. He said "brethren and sisters, you know the sharks follow the ship, now cast your nets out among them and you may bring in a lawyer as they brought me in." On another occasion he was speak- ing of the power of God, and talked well about it and wound up by saying "why God could take and throw me right through this meet- ing house, but he won't do it." There was another old lawyer there when I was admitted to the bar in 1843 who gave me a great deal of good advice? He ad- vised me one day as a lawyer "if anybody offers you anything, take it, if it is nothing but a chew of tobacco." I recollected that and always took one. Then there was Philiander Wheeler, a Yale College graduate, an educated man, a keen bright man, full of wit and humor, quick and happy in repartee, but after I came to the bar he never attended the courts at Litchfield, neither did Mitchell, but tried ca^es before justices and arbitrators. One day he was called in over in Canaan as an adviser to the justice in the trial of a man by the name of JOHN H. HUBBARD WARXKR S REMINISCENCES 10/ Rockwell who was prosecuted for murdering his brother. Leman Church was the defendant's counsel and the Hon. John H. Hubbard was another, and the prosecuting attorney I think was Elmore, and it was a protracted case, and one forenoon the lawyers had a set-to as to the admissibility of evidence or some question that arose before them, and there was a great deal of controversy between the lawyers, and after very much had been said they adjourned and went to din- ner. The lawyers sat around the table and Wheeler came in and sat down. The landlord came and asked him what he would have, he wanted to know if he would take some of the goose. "No" he said "I have had that all the morning and I don't want any." There was an old lady who possessed some property in Salis- bury, whom they called Aunt Polly. She was litigious in her character and she applied to every lawyer to sue somebody and when one would refuse she would go to another and finally she got a writ out for one of her neighbors and brought it before the Court. Wheeler defended the person that she had brought the suit against and he would stir up Aunt Polly until she become violent and quick- tempered. She had her money in specie tied up in one corner of her handkerchief, and he became so intolerable, as she thought, towards her that she jumped up and she just flung this specie at his head and it hit him, but didn't hurt him very much. He picked it up and put it in his pocket. No sooner had he done that, than Aunt Polly went for him and downed him over his chair and the lawyer on the other side said "stick to b.im, aunt Polly." That was a scene in court in the early days. I come now to speak of a man to whom I feel greatly indebted, and I wish I could pay a better tribute to his character than I am able to, and that is the Hon. John H. Hubbard. He was a native of Salisbury and in his early struggles he had formidable opposition to contend with. In early life he was feeble and unable to work and finallv he chose this profession, and by dint of educating -him- self by hard study and teaching school winters he was admitted to the bar in the year 1826. He had a great opposition politically, it was the day of anti-masonry when the feelings of people were very much excited upon that question arising out of the alleged death of one Morgan in the State of New York. He adopted the views of the anti-masonic party and was opposed by strong men and he had a terrible struggle, but he held his own. He had that per- sistent indomitable never-die principle in him that carried him along and he became a distinguished lawyer of the bar of Litch- field County. He is a living example to young men, no matter what the circumstances may be, if he is persistent, if he is studious, if he bends his efforts in that direction with an inflexibility that is not to be beaten, he will in the end conquer. I owe a debt of gratitude to that man for he drilled me in the principles of the law to such an extent that he said when T went to the office of Judge Seymour so Io8 LITCHFIELD COUNTY BENCH AND BAR as to be present when the courts were in session and learn some thing of its practice, that I was able to be admitted as soon as my time of study should expire. He became a member of Congress and represented the 4th district. He was states attorney for the county for how many years I don't now remember. I will now speak of another gentleman, a lawyer in Salisbury, Roger Averill. He was a graduate of Union College, tall, erect and well proportioned, dignified in manners and a lawyer of fair ability. He practiced in Salisbury for some years, but the field was not sufficiently wide and he moved to Danbury and practiced there, until he was made Lieut. -Governor during a portion of the time of the distinguished war governor. Gov. Buckingham. He was my opponent in many cases that we tried and he early taught me an important lesson in table pounding. In a case we were try- ing before a justice I became quite vehement and brought my fist down on the table so strong and so often that he commiserated me and felt sorry for me, and he kindly placed a law book upon the table on the spot where I had been hammering and said "Brother Warner, I am afraid you will injure your hand, the book is softer." That took all the starch out of me. Another gentleman by the name of Norton J. Buel was a native of Salisbury. He studied a portion of his time under the venerable Charles F. Sedwick, and the latter portion of it under Judge Church when he was practicing in Salisbury. He moved to Naugatuck in the first place and afterwards to Waterbury, but he frequently tried cases in this county and at this bar. He was a successful lawyer and a gentleman, and one who acquitted himself with great ability as a lawyer. Moving along East, we come to North Canaan and we find John Elmore, he was a native of the town and I understood he was a very popular young man when he started in business, he was sur- rounded by many friends, he was very genial and a hale fellow well-met, everybody liked Jack Elmore, and he was on the high- tide to become a successful lawyer, but his convivial habits dragged him down. Leman Church, who was a half brother of Samuel Church, was a native of Salisbury, and he attended the law school of Judge Gould at Litchfield. He located at North Canaan about the same time that Elmore did. Instead of having many friends to aid him he had to encounter the opposition of the prominent men of the place. I asked years ago an old gentleman who was familiar with North Canaan why it was that they all stood by Jack Elmore and not by Church. Well, he said, Elmore was a congenial man, he was a pleasant man, he had all the social elements in hinf that were attractive. While they never saw Church, he never met us any- where and if he did, why there was no congeniality between us, they were all opposed to him in the town, I mean the prominent men ; WARNER S REMINISCENCES lOq but he studied his books and thought deeply. He would occasion- ally have a case, and bye and bye his star began to rise, and though he could not and did not command the love, yet he commanded the respect of the people by dint of his great talents and power. I con- sidered Leman Church one of the ablest lawyers and the best equipped on all occasions that I ever met. He had a keen, quick perception, he had that continuousity of purpose ; he did not pander to please the multitude nor to the applause of the individual. He ploughed a straight furrow along his own course, and he attained the highest position at the bar at an early age. He had the keenest blade of satire, wit and humor, it abounded with him ; at repartee he was never at a loss, nor upon any question that the judge might propound to him whether he ever had the case under consideration or not ; and always acquitted himself with the highest ability. I speak thus of him because I was so situated when I first came to the bar, the other lawyers being older, I was forced to call upon Leman Church, and he aided me and always assisted me in any case for which I might call upon him. Physically he was tall, frail in appearance, he had a hunch with his head slightly deformed, a shrivelled face, lean and gaunt, and his apparel was always neat but of the coarsest character. His feet were clad in heavy brogan shoes, but the redeeming feature of his countenance was his eye, and such an eye would convince you gentlemen when cast upon you as being that of a man of powerful intellect. Now to speak of his ability as a lawyer. Porter Burrall, the son of William Bur- rail, a Canaan man, a highly educated man was president of the Housatonic Railroad. Some of its directors lived in the city of New York and some question arose in relation to the management of the road and there were lawyers in New York who had the question under advisement and they had expressed opinions in re- lation to it. There was a final meeting appointed for the further discussion and the determination of the question involved. Bur- rall called upon Church and told him he wanted to have him to go down to New York City and attend that Director's meeting. Church said in his peculiar voice "I am not going down among those dandy lawyers they think they know everything, and I am not going." However, Burrall had great faith in him and insisted upon his go- ing, and he finally went down, clad like a clod-hopper and he sat down in that convention. The opinions of these distinguished New York Lawyers were called for and finally Mr. Burrall said, "Mr. Chairman, I wish my friend Mr. Church of Canaan might be per- mitted to speak." Well Church got up. a most inferior looking man, you can't find one to compare with him in that respect, but he went at the question under discussion and laid them out so broad and clear and so perfectly lucid that he established them, and his views were finally adopted. He could not bear a fop, he could not bear what he called a Miss. Nancy, or vaporism of any kind, he no IJTCHFIKLD COUNTY BENCH AND BAR went too far perha])s in that respect, but he had a happy gift of puncturing bubbles and I will give you one or two instances of it. Now you know that when \oung men come to the bar and make their first appearance before a Jury, they wish to make an impres- sion and sometimes be classical and ornate. There was brother Hitchcock who lived in Winsted. a man for whom I held the high- est respect, and whose memory I revere. He and Judge Granger and myself were great friends. Hitchcock was a partner of Hol- abird. They had a very important case to be tried at Litchfield. Hitchcock had made great preparations in the case, and it was among his first elTorts at the bar in the way of argument and trial, and he familiarized Granger and myself with the case and we felt a very deep interest in his behalf. Hitchcock in the course of his argument animadverted upon one principal witness in the case against him, he was a very important witness for the other side, and it was very important for Hitchcock's client that the Jury should not take his word or the testimony he gave before the Court. In the course of his argument Hitchcock said, alludino- to that wit- ness, "why, gentlemen of the jury, he is the very "foUiculus," in this case." A little further along he said "He is a Jupiter Tonans, gentlemen of the Jury." When Leman Church came to answer that he said "Now, gentlemen of the Jury my young friend here, brother Hitchcock has attempted to mislead you ; why he has talked about one Miss Polly New Rose gentlemen of the jury, have you seen any such witness on this stand?" "Not satisfied with that, he has imposed upon you again, he has talked about a witness here by the name of Jew Peter Toe Nails." As soon as we could. Granger and I took our hats and went out. Another case we had in the Superior Court in which Leman Church was interested, we had medical experts in, and a learned Doctor by the name of Fuller from New Haven was there as a witness against the interests of Church's client. He went along very learnedly, as such physicians do, and when Church came to cross-examine this witness he com- menced by saying "well, now. Dr. Fooler" and he took the wind out of him pretty effectually. Another illustration of his mode of examining a witness. There was a great controversy in years gone by between Jedediah Graves and Sylvanus Merwin, father-in-law and son-in-law, about a man who went and took up the tombstones of his children and ofifered them for sale on an execution for a judgment. Graves was a pompous sort of fellow, he was a trial justice in the town of New Mil ford and he was called upon to testify to what was said before him on a trial. He went along well and easily and was turned over to Church for cross-examination, and Church in his questions began to imply that he was going outside of the truth. After a while the witness stopped and says "Squire Church, 1 liave a realizing sense of the obligations of my oath. I have ad- WARNERS RI{j\nNISCE;NCE;S III ministered tliem and I protest against your insinuations." Church said "Squire ElHott, if you have got through with your peroration, please answer my question." Now I come to speak of that distinguished man in North Canaan, Miles Toby Granger. He was a graduate of Wesleyan University at Middletown in this state. He was a school teacher on a- plan- tation down in Mississippi, teaching the sons and daughters of the surrounding plantations, and during that time he studied law in Mississippi and was admitted to the bar in that state. He came back to Connecticut and went into the office of Leman Church and studied law with him for the purpose of obtaining a knowledge of Connecticut laws and was admitted to the bar after 1843. He was the greatest wit. humorist and wag of the bar, he was the very Mark Twain of the bar. His sayings, his wit and his humor might be read as Innocents at Home instead of Innocents Abroad. He was skilled in doggerel poetry as he called it. He would see the ludicrous and ridiculous in persons and things that no one but he thought of, and he would bring it out to the great amusement of his hearers. His very first argument in the Superior Court was in poetry. It was the case of Dunham vs. Dunham. Dunham brought a petition for a divorce against his wife, he was a widower when he married, and she was a widow. They were both very old and infirm, their spouses were dead and they desired companionship, and so they inter-married. Jack Elmore brought the petition and in that petition he set up as a ground, a fradulent contract. Judge Ellsworth, a very grave man and a deacon of the church in Hart- ford was holding Court. , Granger led off in the argument for the defense and Church was to close the debate. His whole argument was in poetry, but I remember nothing but the last verse, which was this : "Now all his hopes in ruins lie. Crushed by this prolapsus uteri." He was a great fellow for giving names to persons. He dubbed me by the name of Elder, and it has been carried on to this day, and I believe I had been so addressed since I have been here. Why he did it I don't know, whether an elder of the Methodist Episcopal church or some other persuasion I havn't any idea, he never ex- plainded it to me. He was full of his jokes and quirks, it made no difference whether it was foe or friend, but it was all in good na- ture. Well, you all know his history in later life when he was highly honored, represented his town in the Legislature, in the Sen- ate and represented the 4th district in Congress after his retirement as a Judge. Col. Jacob B. Hardenberg, he was a native of Kingston. X. Y. He was a good lawyer, a soldier and a warrior at Gettysburg under Col Pratt. I might well say of him "he was the bravest of the brave." 112 LITCHFIELD COUNTY BENCH AND BAR Now I come to one of my first students, George Washington Peet. He was a native of Salisbury and read law in my office and completed his studies in the law in the Harvard Law School. Soon after his admission he located in South Canaan in the office of Judge Burrall and commenced practice there, and afterwards at Falls Milage. From his maternal ancestry he inherited the power of acquisitiveness which was but little diluted by what he inherited from the paternal side. And only semi-occasionally did he commit waste by profuse expenditure. He was a unique character. Peet was a nervous, excitable, confident, energetic, bold man. He went in pursuit of money and he got it. He was not devoid of wit and by it occasionally entertained us. We boys were playing tricks upon each other, as I presume they are now, the younger members. Hitchcock had a good deal of that in his makeup, and one day at the Court in Litchfield in warm weather Peet was down there with his linen coat on, and in those days the clerk had on his desk a wafer box with little red wafers, we didn't have mucilage then, but we used red wafers to stick things on, and Hitchcock got out a lot of these every little while, then would wet one of them and go around and slap Peet on the back and stick on a wafer, and soon got him pretty well pasted. Peet was marching around in different places making an exhibition of his back, and finally he found peo- ple were laughing at him. Peet would ask, "well, what are you laughing at" and then they would laugh the more. Finally some- one asked "What the devil have you got on your back, Peet?" Peet was very indignant and accused Hitchcock of trying to make him the butt of this bar. As I said. Granger gave names to everybody. There is a place in South Canaan called Dogtown, and years ago there was a tavern there and the place of trial of many cases. That was Peet's stamp- ing ground, and Granger and others met him there, and so Granger gave him the name, not of the constellation exactly, but he called him Attorney Serious, the dog-star, the brighest star in dog-town. I pass along to Norfolk. There was Michael Mills. He was a tall, lean lank, bony man, high cheek bones and rather tawny face. Granger called him the Sachem of Norfolk. Then comes William K. Peck. Jr., he was a native of Harwin- ton ; his parents moved with him to Salisbury when he was a young boy. He studied law in my office and commenced practice in Nor- folk. He was very fond of making public speeches when ever an opportunity presented. Abolitionism and temperance were his favorite topics and he availed himself of every opportunity to make speeches, and in that respect, so far as capability of addressing pop- ular sentiment at his age of life, he had decided talent. Granger called him Duke of Norfolk. When he contemplated settling in Norfolk, one of the good deacons of Norfolk came over to see me to inquire about him and informed me that Mr. Peck had referred GIDl'OX HALL AVAKXEK S Ki;,MlXlSCEXCES II3 him to me and wanted to know wliat sort of a man he was. I told him he was exactly adapted to Norfolk. He said "what do vou mean.-""' I replied "in the first ])lace he is a very moral man, a man of excellent moral character ; in the second place he will he an ad- mirable successor of Michael Mills in his physical make-up, he has a peculiar tawny brown hair, high cheek bones, and in another re- spect he is a black rcimblican" as they called them then. The old deacon laughed and said he guessed he was the man. So he settled there and I believe acquitted himself with ability. After he had l)een there a while he removed to Michigan where I have heard he liccame a successful law\er. I felt proud of him as a student in mv office. Xow I come to W'insted. \\'illiam S. Holabird was a native of South Canaan, lie was physically a large, tall, splendidly made-up man, imposing in appearance and presence, and he was the great democratic leader of the bar. He was a politician and he was a man around whom the young democratic lawyers liked to gather. He had excellent conversational powers and they were always interested in his conversation. He was really one of the instructors in politi- cal matters among the democratic lawyers, and he was then in ac- tive practice. He had some bitterness in his make-up, l)ut his friendshi]) was as strong as his hatred was deep and unforgiving. (^lideon Hall was an opponent, and as a lawyer and in politics they were diametrically opposed. Holabird was vindictive some- times, and his hatred extended down too far. Xow 1 come to another unique character, and that was (^,ideon PTall. lie was a lean, tall, gaunt man, he was in full practice, and continued in practice until he was a])])ointed Judge of the Superior Court. He was a hard worker, diligent; his contests were elabor- ate, many and severe. Hall and Holabird were opponents always in politics and lawsuits, never associated. Hall was very prolix in the conduct of trials, and remarkably so in his arguments before the court and jury. Tlie one hour rule had not been passed when he practiced. Hall would occasionally make attempts at oratory in his trials, and here is an illustration of it. He had a suit in court for his client, the plaintitf in the case. It was a contest over a piece of rocky land of no value comparatively speaking. During the trial he was often talking about the littleness and smallness of the case, and it was so alluded to in the argument by the counsel for the defense. This was a sort of an exordium or peroration in which he said it was not available on account of the super-abundant fecundity of its soil, but because it was ancestral estate and had come down from a long line of colonial ancestors. In relation to Hall, there is one thing which shows the estima- tion of the bar. This story was told to me by the late George C. Woodruff of Litchfield. .\ law\er of this county had a suit in court, a young lawyer and he had associated with him George C. 114 LITCHFIELD COUXTV BEXCII AND BAR Woodruff. It was a case asking for the appointment of a coniinittee in chancery which was to be tried out of term-time, and the question arose who should be that committee. Of course, if the parties agreed on the committee, the court would -sanction it. otherwise the court would have to decide and appoint whom it thought best. Negoti- ations were made between the opposite counsel. Woodruff on one side and Hubbard and Granger on the other side, and Hubbard and Granger suggested Hall as a good one for the committee-man. The young man went to see Mr. Woodruff and told him that the\- pro- posed to have Hall appointed committee, and Woodruff said to him "don't you have him. why he will get things all mixed up in his re])ort so that we shall not get head or tail to it." The young man reflected and said "Mr. W^oodruff. that may be just what we want." Well, it turned out so, it was mixed and Woodruff won his case. I come now to the friend of whom I have spoken, Roland Hitch- cock. He was a native of Burlington. He read law in Holabird's office and he was admitted to the bar in about 1844, and became a partner of Holabird and practiced law in W'inchester until ap- pointed as Judge of the Superior Court. I always liked the man, and so well did I know him that his peculiarities never interfered with our friendship. He at times exhibited nmcli wit and humor and enjoyed the funny side of things and C()ntril)uted his share to the merriment of the bar. There was a streak of melancholia in his nature wliicli always made him sorrowful. It lasted him through life, and in tlie last few years of his life, had a woeful eff'ect upon him. He was testy and often irrital)le in trials. As an illustration of that I remember a case in which Granger and myself were on one side and Hitchcock on the other before a committee at Canaan. Hitchcock's client was one Hart, a notable character and who was easily stirred up. In the course of the trial Granger, knowing Hart's peculiarities would stir him up and he would rattle along and interrupt the trial so that Hitchcock would sometimes get mad at his client and he would once in a while issue an expletive on the subject. He was very fixed in his opinions of the law and un- changeably so at times. He was through and tin-ough an honest man and administered justice im]:)artially in the courts where he was judge. I go now to Barkhamstead and speak of the late Hiram Good- win. He was in full practice, his clientage was not only in his town, but extended to the adjoining towns in this and Hartford County. I considered him an able lawyer. He conducted his trials with skill and his arguments were clear and logical. As a judge of the County Court he gave satisfaction. I come now to New Hartford. Roger H. Mills was in prac- tice there many years before I came to the bar. He was of fine ap- pearance and high standing at the bar. He was a member of the Senate in the Legislative session of 1848 at the time these radical HON. ROLAXD HITCHCOCK r.Ko. wmi;AT()x BIRDSYK BALDWIN" WARN'KK S KK.MIXISCEXCES II5 laws were made and I tldnk he opposed both of those enactments. He was a very accomphshed man, pleasant, scholarly, but the field was not wide enough for him and so he moved to Wisconsin, and after a while died there. Jared 1>. Foster was his successor there. He came to the bar after 1843, ^"'^ '1^ is entitled to great credit, for he read law while making and mending boots and shoes in Colebrook. He was a merry, good fellow, he became well equipped in the principles of the law and quickly acquired its practical parts. He reoresented the town in the Legislature with ability and he succeeded Hitchcock as judge of the Litchfield County Court and discharged his duties with ability. He was eminently social and a hale fellow well-met. We used to address him as Jerry. Granger dubbed him Terry Red. For many years he was a sufl:"erer from rheumatism and it finally brought him to his grave. Goshen. Nelson Brewster. His law business was local. He lived two \ears in Litchfield and he tried a few cases and he was a bank commissioner several times. Uirdseye Baldwin, a unique char- acter was his contemporary in Goshen, a kindhearted man of limit- ed practice and of great simplicity of character. He was ver\- fond of whist. Granger and Hitchcock at court wlicnever they were in session entertained him very often very royall\-. in the amusement of which I was a v/itness. ( )ftentimes I was a partner of Granger, and Baldwin and Hitchcock were partners. li Hitchcock and Granger turned up a trumi) the_\- would ])ass their trumps one to the other under the table and ]Mck out all the best cards and hand back the poor ones. Finall\- I'.aldwin would get uo and exclaim, after losing all the games, "well, it does bear the devil." I now come to Cornwall, to George Wheaton. He was of humble origin, born in East Haven. When T was a boy, I learned that he was of most extraordinar\- ability illiterate, he murdered the Queen's English, but one of the most skilful and adroit lawyers at the bar in his dav and time. Wheaton was a great lawyer in my judgment. He had one peculiar gesture and that was this, he never laughed and hardly ever smiled. As an illustration of his cunning and shrewdness and his aptitude for hitting the party against him I wnll mention an instance. There was a suit brought against the Housatonic Railroad for dama?;e to property injured by the cars. Beet and myself were defending the Railroad Com- pany and Granger antl Wheaton were counsel for the plaintiff. One of the witnesses, Charles Emmons, an employee of the railroad, was a very important witness and his testimony was crucial in be- half of the defendant. Of course the case being against a railroad corporation it had to be put to a jury. This witness Emmons was a very honest man and a christian gentleman, and if he could make die jury believe as they ought to believe, that his testimony was truthful, then the case should be decided for the defendant. In the Il6 I.ITCTIFIEI.D COrXTY BEXCII AND BAR course of the arg.ument, in commentinjT on the testimony of the witness Emmons, I dwek upon tlie ])urity of his hfe and character, his christian character. When W'heaton came to wind up the case he said "Brother Warner says this Emmons is a Christian. Well, I aint going to dispute that, hut if the company finds out that that is his character, they will discharge him very quick." Another instance comes down by tradition. Church frequently came in contact with \\'heaton. He was called down there to de- fend a man in some case before a justice, and Wheaton commenced the argument of his case. He had his book of Connecticut reports and he stated to the Court what the law was and he would read from this book and so he read from the brief of one of the lawyers. Church said, "Wheaton, let me take that book." Wheaton said, "go get your own law, brother Church." Church of course told the judge he was reading from the brief of the attorney, not from the opinion of the court or the judge who decided the case. Wheaton replied "I didn't say I did, I said I read what is the law there, and I believe it to be good law, and if the Supreme Court has said otherwise, they will over-rule that decision." He was a communicant of the Congregational Church in Cornwall. Now there was a religious revival in that town long years ago and there was a man there by the name of Daniel Scoville. During that revival he attended these meetings very faithfully and appeared very much interested in them. There was a bitter hatred between this man and Wheaton. W^heaton had law suits against him frequently and they were conducted sharply by Wheaton as against him. Some of Wheaton's fellow members went to him and said, "Why this man is so much interested in the supject of re- ligion I think that you ought, as a member of the church, to go to him and encourage him in some form and show forgiveness on your part." So one evening Wheaton went up there and while Scoville was in the attitude of praying and said "If there is any mourner here who has any feeling against me or I have any against him, God forbid that I should in any way bar his coming to God." Well, he had a client there who waited until Wheaton came out and then he said "Wheaton, you know that law suit we have got there against hiiu, now 1 want that fought right up." Wheaton replied "Oh ! he'll fight all right." Then there was Julius B. Harrison. He was a native of Corn- wall, he read law with Wheaton and came to the bar after 1843 and practiced a while in Cornwall and moved to New Milford where he died. He was states attorney for the county, he was a very diligent man, very ambitious and he rapidly rose in his profession. He was repetitious in his arguments, and that was the only criticism I ever heard made, for he was certainly logical, and had he lived to the ordinary age, I have no doubt he would have been one of the leaders of the bar. JARED r;. FOSTER WARNER s re:mixiscexces 1 17 AiKither man from Cornwall was Solon R. Johnson, and many of yon no donbt remember him. He was a tall, larg-e-framed per- son. I don't know what year lie came to the bar. and he was editor of the Litchfield Sentinel, and his editorial articles were read with a great deal of interest ; there was a great deal of wit and humor and sarcasm contained in them. He died early in life, he was of a peculiar nature and character, a loveable man in a great many respects. He had a peculiar stolid appearance at times, whether put on or natural. I don't know. If unnatural it was very success- ful ctmisumation. The last term that Judge Minor held of the Superior Court prior to his resignation, having accepted the nomi- nation for member of Congress from the 4th district, there was a gentleman came up to Litchfield, an entire stranger. He was in everybody's office, he was in the court room. He was a queer sort of a man. talking with everybody and with Judge Alinor and you couldn't help being interested to know who he was. He came across Solon Johnson and Johnson tried to get rid of him. He was all the while teasing Johnson to take drinks with him. and Air. Johnson declined and kcjit declining. Finally, after much urging Johnson says "my friend, there is a drug store down here and we will go down there and get something that is pure and good." \Vell. the\- went down to the drug store and a pint bottle was brought out with the verv purest kind of whiskey they had and a tumbler was set down, antl this stranger told 'Mr. Johnson to take a drink. Johnson took up the bottle, looked at the cork, smelled of it and says "that's all right" turned it up and drained the bottle. The stranger looked at him aghast, expecting him to fall dead every minute. Johnson looked at him. smiled and said "Well, aint you going to take something?" Xmv I come to Frederick Chittenden. He was in practice when I came to the bar. a high tempered man of great knowledge. He had manv conflicts with those with whom he came in contact. He was of an irrascible temper, but a good-hearted, generous likely man, very well read in tlie law, but depended a great deal upon his natural abilities ; it took but very little to excite him, he was ver\- ])eligerent in the trial. There was a lawyer from Kent, Henry P'uller. who came to the bar after myself. They had a contest and Chittenden was so excited he struck him on the head. Well, there was an interruption, and after the adjournment Chittenden came in and laid his cane down upon the talile and he said he would preserve order in the court room. John G. Reed was a native of Salisbury and read law with me. His father and mother were Scotch. His father, the late Dr. Adam Reed was a celebrated Divine. He was educated at Williams College, he practiced law in Kent a short time, moved to Ohio, en- listed in an Ohio regiment in the civil war, and when he returned from that, he removed to Chicago and there distinguished himself Il8 LITCHFIELD COUNTY BENCH AND BAR as a lawyer before the higher courts upon mere questions of law. He was not what you call a jury lawyer. Well, brethren and g-entlemen of the bar : The bell tolls and my hour has expired. I look back to the time when life was new and bright before me and everything seemed fair and good to see. I stand here now and remember all these friends of so long ago As I stand here alone of all those I knew in my early days, whom I have seen fall around me like leaves in the wintry weather. "I feel like one who stands alone. In some banquet hall deserted; Whose lights are dead. Whose joys are fled. And all but he departed. Ijiatoncal J^otcs HISTORICAL NOTES OF COURTS, BAR LIBRARY AND PROMINENT OFFICIALS Compiled By DWIGHT C. KILBOURN CLERK DWIGHT C. KII.BOURX HISTORICAL NOTES. Upon the establishment of Litchfield County in 175 1, the General Assembly was pleased to order two terms of the County Court to be held therein, one on the fourth Tuesday of December, and the other on the fourth Tuesday of April in each year, and also one term of the Superior Court to be held on the last Tuesday save two, in August of each year. In this Superior Court there was but one Clerk for the whole Colony who went with the Judges from place to place as the sessions were held, and kept the records all together in Hartford, where those prior to 1798 can now be found in the Secretary of State's office. The following is the record of the first court held in Litchfield County : "At a County Court held at Litchfield within and for the County of Litchfield on the fourth Tuesday of December A. D., 1751. Present : Wili^iam Pre;ston", Chief Judge. John Williams ) ^^ . . ^, _ V J^sqys. Just'ees Samuel Canfield r , _ ,^ \ of qtioram. Eblnlzlr Marsh ) Isaac Baldwin was appointed Clerk and sworn. Mr. John Catling, County Treasurer and Excise Master. Mr. Joshua Whitney of Canaan in said County, Attorney. "At the same Court John Davies of Litchfield in the County of Litchfield pit. versus John Barrett of Woodbury in sd County, deft. The parties appeared and the deft, exhibited pleas in abatement of the pltf's writ which being overruled the parties then joyning in a demurr. to the declaration as on file, the Court is of Opinion that the Declaration is sufficient in the Law and thereupon it is con- sidered that the pit. shall recover of the Deft, the Sum of £1200 money. Damages and costs of Court allowed to be . The deft, appeals from the judgment of this Court to the Su- perior Court to be holden at Litchfield on the second Tuesday of August next, and the plat, with Mr. Samuel Darling of New Haven before this Court acknowledged themselves bound to the Treasurer of sd County in a recognizance of £200 money to prosecute their said appeal to effect and answer all damages in case they make not their plea good." The following is the Record of the first Superior Court held in Litchfield County, and to be found in Hartford. 122 LITCHFIELD COUNTY BENCH AND BAR At a Superior Court hoklen at Litchfield on Tuesday ye nth, day of August Anno Dommi 1752 anno ye Regni Rt. Georgii Secunde A'igestum Sexto. Present, ye Honbl. Thu:mas Fitch, Bsqr. Chief Judge. William Pitkin I EbENEzER Syllyman /■ Assistant Judges. Samuel Lvnde ) This Court was opened by Proclamation and adjourned till Two of yc clock of \e afternoon, and then opened according to adjournment. Persons returned to serve as jurors were: William Marsh"] Nathan Botchford ] Joshua Garrett ;- Litchfield John Hitchcock ; New Milford Thomas CatlingJ Partridge Thatcher j Timothy Minor ^ Nathan Davis \ Gideon Walker [ Woodbury Jacob Benton > Harwinton Benjamin Stiles j Samuel Phelphs ) The first recorded judgment is that of: William Sherman ) C John Treat and . of Xew Milford vs. } of Roger S merman j ( New Milford At the Alay session of the General Assembly 1798 it was en- acted that the Superior Court Judges appoint a Clerk for each County and that the Records thereafter be kept in their respective Counties, but that the then existing records be kept at Hartford. In obedience of this law the Judges appointed Frederick Wol- cott, Esq. of Litchfield, Clerk for Litchfield County, and the first term of the Superior Court having its records at Litchfield, was held at Litchfield on the Third Tuesday of August 1798 and was "Opened by proclamation." The record is as follows : State of Connecticut: At a Superior Court holden at Litchfield within and for the County of Litchfield, on the Third Tuesday of August A. D. 1798, Present : The Hon. Jesse Root, Esq. Chief Judge Hon. Jonathan Sturges \ Hon. Stephen M. Mitchell f Assistant Hon. Jonathan Ingersoll ( Judges. Hon. Tai'ptng Reeve ) Frederick Wolcckjt, Clerk. HISTORICAL NOTKS 123 The Attorneys in active practice in 1798 were the following: At Litchfield : Tai'I'INc, Rkkve Elijah .\da.ms Joii.x Allkx Isaac Baldwin Uriel Holmes Daniel A\'. Lewis Ephrai.m Kirby Reynolds Marvin Roger Skinner Aaron Smith LTriah Tracy Frederick AA^olcott. At Canaan : Joiix El.aiore At Goshen : Xatiiax Hale Xoaii W'adhams At Kent : r.ARAZll.LA SlOSSON At New Milford: Daxil) S. Board:\[an Sa:\jlel Bostwick D \NiEE Everett PlIILO RuGGLES At Norfolk: Edmund Aiken Augustus Pettiuone At Plymouth: Lixus Fenn At Roxbury : RuEus East.man. At Salisbury : Joseph Caxfield ElISHA SrTERLING Adoxijah Strong At Sharon : JUDSON^ CaNEIELD JoHx^ C. Smith Cyrus Swan At Southbur}' : Simeon Hinman Benjamin StilES, Jr. At \A'asliington : Daniel N. Brinsmade William Cogswell At AA'atertown : Eli Curtiss Samuel W. Southimayd At Winchester : Phineas Miner At Woodbury : Noah B. Benedict Nathan Preston Nathaniel Smith The following- members of the Bar are now (April 1907) residing in the County : Those with a * are not in active practice. Litchfield : J. Gail Beckwith. Jr. Fran^cis Bissell * Wheaton F. Dowd JoHX' T. Hubbard D WIGHT C. KlEBORX^ WTlliam L. Ranso:\i * Elbert P. Roberts Thomas F. Ryan Geoi-;giv M. WoodruEE jA:\fEs P. Woodruee Bethlehem : Walter M. Johnson * Cornwall : William D. Bosler Leonard J. Nickersok Goshen : Charles A. Pal:mer "^ Norfolk : Robbins B. Stoeckel 124 LITCHFIELD COUNTY BENCH AND J'.AU New Hartford: Frederick A. Jewell H. Roger Jones, Jr. Frank B. Munn New Milford: JoLiN F. Addis Frank W. Marsh Henry S. Sanfof^d Fred M. Williams -North Canaan : Samuel G. Camp Geo. a. Marvin Alberto T. Roraback J. Henry Roraback J. Clinton Roraback Plymouth : Henry B. Plumb * E. Leroy Pond Fred a. Scott Salisbury : Howard F. Landon Donald T. Warner Sharon : WiLLARD Baki:r Thomaston : Albert P. Bradstreet E. T. Canfield Frank W. Etiieridge Torrington : William W. Bierce Bernard E. Higgins Walter Holcomb Peter J. McDermott Willard a. Roraback Homer R. Scoville e. t. o'sullivan Gideon H. Welch Thos. J. Wall Watertown : C. B. At wood * S. McE. Buckingham Winchester : Wm. H. Blodgett C. E. Bristol * Jas. p. Glynn Samuel A. Herman Richard T. Higgins Samuel B. Horne Wm. p. Lawrence * Wilbur G. ^Iaxchester Geo. a. Saxford Frank W. Sey:mour James P. Shelley Wellington B. Smith James W. S-mith Woodbury : James Huntington Arthur D. Warner The following persons who have been connected with this Bar either by admission or residence, are not now residing in the County. but are supposed to be alive and residing elsewhere. John Q. Adams, Negaunee, Mich. Louis J. Blake, Omaha, Neb. Edward J. Bissell, Fond-du-Lac, Wis. John O. Boughton, Stamford, Conn. David S. Calhoun Hartford. Conn. Uriah Case, Hartford, Conn. John D. Champlin, New York City. Chester D. Cleveland, Oshkosh, Wis. Frank D. Cleveland, Hartford, Conn. George W. Cole, New York City. \ y AVILLIAM h. RANSOM. HISTORICAL NOTES 12 Stewart W. Cowan. Mount A'ernon. N. Y. S. Gregg Clark, New jersev. E. T. Canfield, Hartford, Conn. Spencer Dayton, Phillipa. West Va. Lee p. Dean, Bridgeport. Conn. E. C. Dempsey. Danbury, Conn. William H. Ely, New Haven, Conn. JoLiN R. Farnum, Washington, D. C. V. R. C. GiDDINGS, Bridgeport, Conn. W. W. Guthrie, Atkinson, Kansas. RonERT E. Hall, Danbury, Conn. Charles R. Hathway, So. Manchester. jNIarcus H. Holcomb, Southington, Conn. John D. Howe,, St. Paul, Minn. Edward J. Hubbard, Trinidad, Col. Frank W. Hubbard, New York. N. Y Frank L. Hungerford, New Britain, Conn. Walter S. Judd, New York City. WlLLIA^t KnaPP, Denver, Col. Fred M. Koehlek, Livingston, Mont. Frank D. LixslEy. Philmont, X. Y. Rev. A. N. Lewis, New Haven. Conn. Theodore M. INLvltbie. Hartford, Conn. T. Dwight Merwtn, Washington, D. C Nathan Morse, Akron, Ohio. Fred E. jNIygatt, New York Citv. Wm. p. Mulville. New Canaan. Wm. H. O'Hara, New York City. E. Frisbie Phelps, New York City. Fred a. Scott, Hartford, Conn. Morris W. Seymour, Bridgeport, Conn. Origin Storrs Seymour, New York City. George F. Shelton, Butte, Mont. George E. Taft. Unionville, Conn. F. R. Tiffany. John Q. Th.vyer. Meriden, Conn. Frederick C. Webster, Missoula, Mont. Rev. Edwin A. White, Bloomfield, N. J. John F. Wynne, Xew^ Haven, Conn. governors. Governors of Connecticut who were members of this bar. Gen. Oliver Wolcott 1796-1798 Oliver Wolcott, Jr. 1817-1823 John Cotton Smith 1813-1817 Wm. ^\'. Ellsworth 1838-1842 Cliarles B. Andrews 1879-1881 126 LITCHFIELD COUNTY BENCH AND BAR judge;s. Members of this bar who have been Judges of the Superior Court. Those starred, members of the Supreme Court of Errors. Roger Sherman,* 1766- 1789 Andrew Adams,* 1789- 1798 Chief Justice, 1793. Tapping Reeve,''' 1798- 181 5 Chief Justice, 1814. Nathaniel Smith, 1806-1819 John Cotton Smith,* 1809-1811 James Gould,* 1816-1819 John T. Peters, 1818-1834 Samuel Church,* 1833 "I854 Chief Justice, 1847. Wm. W. Ellsworth.* 1842-1861 J. W. Huntington,* 1834-1840 David C. Sanford,* 1854- 1864 Origen S. Seymour,* 185 5- 1863 Gideon Hall, 1866- 1867 Miles T. Granger,* 1867-1876 Origen S. Seymour, 1870-1874 Chief Justice, 1873. Roland Hitchcock, 1874-1882 Charles B. Andrews,* 1882-1901 Chief Justice, 1889-1901. Augustus H. Fenn,* 1887-1897 Edward W. Seymour,* 1889- 1902 A. T. Roraback,* 1897 CLERKS. The following members of the bar have been Clerks of the Su- perior Court. Frederick Wolcott, Origen S. Seymour, O. S. Seymour, G. H. HoUister. G. H. Hollister. Elisha Johnson, I 798- I 836 I 836- I 844 I 846- I 847 I 844- I 845 I 847- I 850 1850-185 1 F. D. Beeman, Henry B. Graves, F. D. Beeman, William L. Ransom, Dwight C. Kilbourn, 1 85 1- 1854 1854-1855 1 855- 1 860 I 860- I 887 1887- ATTORNEYS EGR THE STATE. The following members of the bar have been Attorneys for the State, or King's Attorney. Joshua Whitney, 1752. Samuel Petibone, 1756. Reynold Marvin, 1764. Andrew Adams, 1772. John Canfield, 1786. Tapping Reeve. 1788. Uriah Tracy, 1789. John Allen, 1800, Nathaniel Smith. 1806. Elisha Sterling, 1814, Seth P. Beers'; 1820. Samuel Church, 1825. David C. Sanford, 1840. Leman Church, 1844. John H. Hubbard, 1845. Leman Church, 1847. John H. Hubbard, 1849. Julius B. Harrison, 1852. Gideon Hall, 1854. Charles F. Sedgwick, 1856. James Huntington, 1874. Donald T. Warner, 1896. SHERIEES. The ff)llowing have been the Sheriffs for Litchfield County from its organization : DOXALD T. WARNER. HISTORICAL XOTKS 127- Olivcr Wolcott. Lyncle Lord, John R. Landon, Moses Seymour, Jr.. Ozias Seymour, Albert Sedgwick, Charles A. Judson, Albert Sedgwick, L. W. Wessells, 1771- 1801- 1819- 1825- 1834- 1835- 18^8- 1854- 1771 1801 1819 1825 1834 1835 1838 1854 1866 Henry A. Botsford, George H. Baldwin, John D. Yale, Charles J. Porter, Henry J. Allen. Edward A. Xellis, C. C. Middlebrooks, F. H. Turkington, 1 866- 1 869 I 869- I 878 1 878- 1 88 1 1881-1884- 1 884- 1 895 1 895- 1903 1903- 1907 1907- couRT house;s. The first Court House of the County was built at Litchfijld in- 1751-52. It stood on the public square directly in front of and about one hundred and fifty feet distant from the site of the present one. It was a very plain looking building about twenty-five feet wide by thirty-six long and fifteen feet posts. In it was a huge stone chimney and a monstrous fire-place. It was in existence as a part of one of the stores of the village until the great fire of 1888.. It cost as near as can be ascertained from the County Treasurer's books i3343 4s 9d. The tax paid by each town was as follows : L s d L s d Litchfield, 284 10 9 Canaan 302 Woodburv 1 1 24 II II Cornwall 103 New Mil ford 328 7 6 Goshen 189 8 Kent 297 14 Torrington 115 17 4 Sharon 56 Harwinton 129 12 7 Salisbury 307 10 Xew Hartford 105 The second Court House was located on the same site now occupied by the present one, it was given to the County for that purpose by Moses Seymour. It was built in 1789 at a cost to the- Count}' of five thousand dollars ; and whatever it cost over that was made up by private contributions. It was designed by Wil- liam Spratt an English Architect whose original drawing of it is- now in existence. After many years it was believed that the spire was unsafe and it was taken off and the one shown in our cut of it was added" which ruined the whole efi^ect of the front. It was a veritable temple of justice, the interior being" like a. church all in one large high room with a jury room in one corner and a gallery at one end with stairs leading up to it. It took a large amount of wood to fill the immense fire-places and keep it warm during the sessions in the winter. The judges sat on ai raised platform at one end with a puljMt-like desk in front of them- and looked down with great majesty and dignity upon the arena:, in front and beneath them. 128 LiTCHIflELD COUNTY BENCH AND PAR After a number of years (in 1818) an arrangement was made bv and between the town of Litchfield and the county officials where- by the town was permitted to divide the high room and make an upper and a lower room ; the courts to use the upper one and the town the lower room and this arrangement continued to the time of its destruction by fire June 10, 1886. The expenses of repairs and maintaining- were divided between the town and county. It has been often remarked that this old court room was one of the pleasantest in the State and although devoid of every modern convenience, it was a delight to lawyers and judges to practice therein. From its windows the finest of landscapes greeted the eye, the beautiful lakes encircled by emerald hills and the mountain peaks beyond towering into the blue sky, the fertile and well tilled farms on every side made a natural panorama that soothed the weary brain of the tired lawyer. The great Franklin stoves filled with Mt. Tom hickory wood made snapping sparkling fires. The graceful arching over head the quaint wooden benches and painted carvings, all delighted the eye and by their simple efifects aided the judges and worn-out jurors in solving the intricate prob- lems they were called to try. The jury room in the cold bleak north-west corner was not a parlor. A big sheet iron stove for wood, a dozen wooden benches, and a plain table was the make-up of this trysting place ; there was little prospect of comfort for an all night session of a dis- agreeing jury and they seldom lingered patiently about. Their verdicts generally were rendered altogether too speedily for the poor prisoner in the box or the fellow who lost his case. The States Attorney's room was entirely wanting. In those primitive times those officials carried their all in their heads and pockets and what the attorney failed to do in his last argument the Court carefitlly supplemented in his charge. The practice in the criminal cases was largely a degree of eloquence and if the testi- mony was weak the advocate was strong and never failed to men- tion what the witnesses ought to have said. The Clerk's office was also absent and he was permitted to rent at his own expense an office in some other building and keep the records and files wherever he chose. The judge's room was not thought of in the olden days. Why should he need one? No findings of facts were required of him and when the sheriff ad- journed the court his duties ceased. On the morning of the nth of June, 1886 nothing remained of this old building where so many memories clustered but the two great chimneys. The fire fiend in its ruthless track had swept everything away. Directly after the fire in 1886 attempts were made to divide the County or divert the Court to other places, and the town of Litch- field began to erect another Court House which was practically HISTORICAL NOTES I29 complettd about the ist of August 1888. It was a wooden struc- ture somewhat hke the former one with good arrangements for court, clerk, jury, judges and attorneys rooms. On the morning of the 8th of August 1888 before it had been turned over to or occupied by the County this also lay in ashes. Immediately the town took action towards building another Court House and appointed a committee consisting of Hon. Charles B. Andrews, Dr. Henry W. Buel, Henry B. Graves, Esq., with Jacob Morse and Garner B. Curtiss, selectmen of the town. The result of their action is the present building at Litchfield built of stone and practically fire proof with excellent accomodations for all court purposes and presented to the County by the town and accepted by the county commissioners in behalf of and for the county on the iith of March, 1890. Meanwhile the agitation about dividing the county and court business continued until finally it resulted in an act of the legisla- ture allowing courts to be held at Litchfield, Winchester and New Milford upon the two latter towns providing suitable accomoda- tions. ^Vhereupon the town of Winchester leased to the county such a building wiHi suitable accomodations for the courts of the county on the 9th of August, 1887 and the town of New ^lilford also leased such building and accomodations on the i^th day of August. 1887 and the courts are now held at each of said places ]iracticallv holding court wherever it is most convenient to try the cases. In 1905 the town of Winchester increased the Court accomo- dations by adding four large spacious rooms and fire proof vault with metal fixtures, making this Court building one of the best in tlie State for its purposes. In T907 a 1)ill was presented before the General Assembly of Connecticut, ordering the removal to Winchester from Litchfield, of the civil records and files of the Superior Court, with the seal and Clerk, making Winchester practically the main office of the Court. It also provided for the removal of all the files of the Com- mon Pleas Court and seal, to the W^insted Court House. The bill, however, failed of passage. SELECTING JURYMEN. The Statutes of Connecticut provide for the selection of jury- men for the several towns, and also prescribe the number to which each town is entitled. Various ways of selecting these men have been provided in former rears, iDUt the present method seems to have been more nearly satisfactory than any of the past ones. The Selectmen of each town are required to forward to the Clerk of the Superior Court during the month of May the names of twice the number the town is entitled to. The ludges at their 130 LITCHFIELD COUNTY BENCH AND BAR annual meeting in June appoint two Jury Commissioners to act with the Clerk of the Superior Court, who is by Statute a Jurj Commissioner, who meet on the second Monday of July and select one half of the names returned by the Selectmen. These names, so selected, are printed on slips of paper, and those of each town are placed in a box by themselves, and are the names of the men liable for jury duty from each town for the year from the following- September first. When a petit jury is required, the Clerk draws them without seeing the name, from such towns as he desires, in the presence of a Judge and a Sheriflf. ABOUT JURIES. This important part of the Court deserves a very lionorable mention. The juries of this County have been composed of the very best class of men ; men of good judgment and sterling common sense, seldom carried away with the oratory or pathos of the ad- vocate or losing sight of the issues of the case. There are some incidents related of jury trials that tend to show that they are but men and liable to some of the caprices of human nature. The common style of voting blank upon a case by one or more of them on the first ballot is of very little consequence only showing that some people do not form conclusions as rapidly as others. That the jurymen do not always agree with the Court is illus- trated by a case in which Judge Carpenter in charging the jury remarked "Now gentlemen, if you believe this incredible story you will convict the prisoner, but if yoti do not believe it you must acquit him." The jury after a long consultation disagreed. Upon receiving further instruction in which the incredible story was dis- credited still more strongly, they again retired and after mature deliberation they still disagreed. Another strong instruction, re- tirement and disagreement, when they were discharged from further consideration of the case. It was ascertained they stood eleven for conviction and one for acquittal. In another case wherein a man sued an officer for false im- prisonment it was admitted that the officer was liable and the judge charged the jury that they were the ones to assess the damages. The offense was where an officer arrested a drunk and put him in the town lockup over night, intending to try him in the morning; before the trial hqwever the man's friends hearing of his condition went to the lockup opened the door and carried him away. After being out a long time the jury returned much to every ones surprise a verdict for the defendant. The explanation that the jury gave was that the man was rescued by his friends before the officer had had a reasonable time to prosecute the offense. A man was prosecuted for an assault and battery of rather an aegravated nature; he claimed it was done in self defense. It w^.s ;i)\VARD W. SEYMOUR. HISTORICAL NOTES I3I shown that the parties had an ahercation and the accused followed up the complainant and pounded him. The prisoner admitted it, but claimed he was oblig'ed to follow up for fear tliat the other man would, as soon as he got a little distance from him. turn around and shoot him. The Jury pondered a long while, then returned to the Court Room for instructions. The foreman said they wished to know how far the law allowed a man to follow up another with a sled stake in self defense. WITNESSES. Of course our Courts had all sorts of witnesses to tleal with from the garrulous man who knows everything, to the reticent man who knows nothing and has forgotten that. A few specimens are preserved in the traditions of our elders. A child was asked if he knew the nature of an oath and he re- plied "No sir." Then the kind hearted judge leaned over the side of his desk and smilingly asks "My son don't you know what you're going to tell ?" "Yes. sir," said the boy, "that old bald headed lawyer over there told me what I must say." "Administer the oath, I\Ir. Clerk." A witness in a criminal case haled from a unsavory place called "Pinch Gut;" he was duly sworn and upon being asked his name, gave it. The next question Vv'as "Where do you reside?" No answer came. The question was repeated twice and the last time with great severity. The witness turned with dignity to the judge and said. "Must I answer that question?" "Why not?" said the Court. "J'.ecause" said the witness "I have been tnld that no man was obliged to criminate himself." Witnesses are often ridiculed for making evasive answers to attorneys' questions but perhaps they do not always fully under- stand the query. The following is a question asked by a learned attorney in the trial of a tax case, taken from llie Stenographer's notes : O. "What I want to ask you is whether comparing his land with the other lands that you have been swearing about here, vou have sworn to some 30 other farms, and in comparison, that is, I mean whether, how should you take them in comparison, how should you consider them, if you take that as a basis, thev are assessed for $3,000. Taking that as a basis for \()ur comparison, how should you start?" STENOGRAPHER. In 1884 the General Assembly passed an act providing for the appointment of a Stenographer for the Superion Court in each of the Counties. About 1886 Mr. Leonard W. Cogswell was ap- pointed for this County and has held the position since that date. Leonard W. Cogswell, Esq., the official stenographer is a na- 132 i.rrciii'iivi.i) coi XTN' hkncii and bar tive of Litchfield County, and was born in New Preston, in July 1863, and enjoyed all the lights and shadows of a farmer's son on a rugged farm upon the side of Alt. Bushnell. He polished up an education received at the districe school and A'illage Academy by a term at Claverack College at Hudson, X. Y. In 1884 he quit the farm and went to New . Haven and learned short hand. In 1886 he was appointed official Stenographer of Litchfield County, and holds the same position for Windham County. His services are in great demand during the sessions of the Legislature, by the Committees thereof. He was admitted to the I'.ar of New Haven County in June, 1897, and resides in New Haven. In the preparation of this memoir we are indebted to him for the preservation of the re- marks at the Banquet, and for poetical selections herein. studkxt's UFK. At the Bar Dinner in 1901 Judge Roraback in his remarks gave a few reminisences of his student days which are worthy of preser- vation as illustrating how lawyers were made in the country of- fices. Upon being introduced by the Toastmaster he responded as follows : Mr. Toastmaster. and gentlemen of the Litchfield County Bar: I hardly expected to make a speech, but the reference that was ALBERTO T. RORABACK. HISTORICAL X0TI<:S 133 made by my distinguished friend, Donald J. Warner carries me back to the month of April, 1870. That is almost 32 years. I then commenced the study of Blackstone in his office. Well. I pounded away at lilackstone for five months, and learned it pretty thorough- ly. As I remember it. if it had been set to music I think I could have sung- it. It was pretty dry work and pretty hard work. But one morning D. J. came in. and he says. "Roraback, you have been [mounding away at Blackstone some time, would'nt you like a change?" \\'ell. T hardly knew what was coming, whether it was a change from Blackstone to Chitty, or what it was, but I looked up at him. and I said I thought I would. "All right," he said, "I have got a client for you." I could hardly believe it. A real client with a case? It was the first ray of light, the first gleam of hope in those long months : to have a client, a real live client. He brought him in. I wish you could have seen him. He was colored. His trousers were stuck in the tops of his boots, he was out at the seat of his pants, but he was a client ; my first client. It was my first case, and I was happy. The case was returnable be- fore Daniel Pratt, a Justice who had his office in the village of Salisbury. I went to work to prepare my case, and at the time stated for the trial I was there with my client. I made the great, supreme, and sublime effort of my life. There was'nt any attorney for the plaintiff. I api:)eared for the defense. It was'nt necessary that the plaintiff should be represented. The magistrate occupied that position, and when I had finished my argument he made his. It was verv effective: iust $36.22 for the plaintiff and costs. Well, of course I felt crestfallen. I came down to the office the next morning, and Donald J. the elder came in, and he asked me how T got along with the case. I had to tell him I got beat. Thorough- ly beaten. And he said to me. "Oh. well, never mind that. You will come across those little misfortunes once in a while in your practice of law. but, of course, you won't get any pay." "I did, T got my pay." "You did? How much did you get?" "$6.""3f6." Donald J. says, "that is better than a victory ; I have been defending that cussed nigger in season and out of season for the past twenty- five years, and I never received a cent," and he grasped me warmly by the hand, and he says. "Roraback, you will be a success." That was case Xo. i. My first case. Case No. 2 was the case of Julius Moses vs. Virgil Roberts. Mrgil Roberts was an old farmer that lived down on the Gay St. road, as I remember it. When the case came to trial D. J. said to me that I had better come along down and write the evidence. So I went along down and wrote the evidence, and when the evidence was all in D. J. spoke to me over across the table and he says. "Roraback. you get up and make the opening argument." I was demoralized, for gentlemen, sitting on the other side was Gen'l. Charles S. Sedgwick. You never saw him. most of you. but he 134 LITCJIFIHI.D COUXTV BKXCH AND BAR was a man that stood six feet four in his stockings, and weighed 250 lbs. I am afraid I made very poor work of it with that great giant on the other side. I was afraid. I verily believe if the old General had stamped his foot and yelled "scat," I would have gone through the window and forever abandoned the idea of studying law. But we fought it out. I got up and made my argument, and then the old General got up and made No. 2, and then Donald J. Warner made the closing. Talk about wit, and talk about sar- casm, talk about eloquence, I learned the lesson right there and then that it was not the avoirdupois of the lawyer that wins cases. Gen. vSedgwick was three score and ten. He lived along a few ears, and wrote a little pamphlet on his experiences in fitt\- years at the Litchfield Countv Bar. He was then state attornev. UAR LIBRARY. The matter of having a Bar Library at the Court House was attended to at an early date. The following action of the Bar is an interesting Record. "At a meeting of the Bar December 29, 1819. The following Report of a Committee having been read was adopted. "To the Bar of the County of Litchfield. The Sub- scribers liaving been appointed l)y said Bar, a Committee to enquire into the expediency of commencing a Law Library for the use of the Bar, (and if deemed expedient to devise some mode by which it may be obtained), having attended to the subject beg leave to re- port in part. That the Bar now owns six volumns of the Statutes of ]\Iassachusetts, the two volumns of the revised edition of the Statutes of New York, published in 18 13. and the two volumes of the Statutes of Vermont published in t8o8; that there now remains unexpended the sum of Seventeen Dollars formerly raised by the Bar for the purpose of purchasing Statutes of other States. And further report that it is expedient that there be raised by the Bar the further sum of One LIundred and Fifty-six Dollars to be paid and apportioned to the members thereof as follows : Elisha Sterling $6.00 Jno. G. Mitchell 3.00 Reuben Hunt 2.00 W. S. Holabird 3.00 Calvin Butler 4.00 Chas. B. Phelps 5.00 Nath'l. Perry, Jr. 2.00 R. R. Hinman 4.00 Perry Smith 6.00 Nath'l. Perry 4.00 Cyrus Swan 5.00 Asa Bacon 7.00 Jaljez W. Huntington Samuel Church Wm. AL Burrall Michael F. Mills Holbrook Curtiss Nathaniel B. Smith Roger Mills Philo N. Heacock Homer Swift Geo. Wheaton Phineas Miner Philander Wheeler 5.00 5.00 5.00 4.00 4.00 3.00 4.00 2.00 3.00 3.00 6.00 3.00 4.00 W'm. Cogswell 3.00 5-00 Ansel Sterling- 5.00 5-00 Theodore North 4.00 7,00 Seth P. Beers 6.00 2.00 Matthew^ Minor 3.00 4.00 Isaac Leaven wor ■th 4.00 6.00 HISTORICAL XOTKS I35 Lenian Church Joseph ]\liller VVni. G. Williams Noah 1). Benedict John Strong Jos. B. Bellamy- David S. Boardman And that said sums of Seventeen and One Hundred and Fifty- six Dollars with such further sum as the Court may appropriate from the County Treasurer for that purpose, be applied to the purchase of the Law Books hereinafter mentioned, or such other Books as the IJar may hereafter direct, viz: Kirby's Reports, Root's Reports, Day's Cases in Error, Con- necticut Reports, Swift's Evidence, Swift's System, Chitty's Plead- ings, Lane's Pleadings, Phillip's Evidence, Johnson's Reports, Mas- sachusetts Reports. All of whicli is respectfully submitted, Signed per order, S. P. Beers, Chairman. The books mentioned in this report were purchased and are now in the Library at Litchfield. The only provision for the in- crease of the Library which I find is an admission fee of Five Dol- lars from a new attorney, until 1874, nor do the books in the Li- brarv show additions of an}- account. In 1874, it was N'oted As a standing Rule of the Bar, that each member pay to the treasurer thereof the sum of ( )ne Dollar each, yearly, to be expended in the purchase of Books for the benefit and use of the said Bar. Said payments to be made at the annual meet- ing in each year. In 1877 the Legislature enacted a Bill providing for the forma- tion of Countv Law Library Associations. The County Commis- sioners were to pa}- in their discretion each year on the first of Januarx' a sum not exceeding Three Hundred Dollars, for the support thereof. The Litchfield County Law Library Association was dul}- organized and received money from the County Treasurer for one year, after which the discretion of the Commissioners did not mature, and payments ceased, for some years. In 1897 an act was passed making the payment obligatory of one hundred and fifty dollars to each of the libraries at Litchfield, Winsted and New Ixfilford, since which time a good supply of law books may be found in each Court House. At the session of the Legislature of 1907 an act was passed re- quiring the County Commissioners to pay each library four hundred dollars a year. At New Milford large accessions came from bequests of Bros. Henrv S. Sanford and James H. McMahon. 13C I.llClII-lKI.l) COIXTV liKXCTI AND r.AR JA.MICS 11. M CM A 11 ON. In 1906 ]5r<). McMalioii left by his will the stim of $1,200 to be equally divided between the three libraries, whieh was available in 1907, and has been paid to the committees. In each Court House may be found a first class working" library with some of the Reports of other States. In 1900 the l'>ar voted that all the law books of the Bar As- sociation be presented to the Litchfield County Law Library As- sociation, so that all the books are under one management. AAROX WHITE FUND. Another branch of these libraries is purchased by the income derived from a bequest of Aaron White, a lawyer who by his will left to each County Law Library one thousand dollars for certain classes of books. The following account of Mr. White who deceased in 1886. taken from a news])a])er, will no doubt be of interest in this con- nection and is worthy of preservation. A Boston Globe correspondent tells the following story of Aaron White of Ouinnebaug : — Aaron White has figured in his life as the most eccentric man in this localitv, and one who is widely known in Massachusetts, HISTORICAL XOTES 137 Connecticut and Rhode Island. He was born in Boylston. Mass.. October 8, 1798, and was the eldest of ten children, seven boys and three girls, nine of whom are now living-. He entered Harvard college, graduating in a class of sixty-eight members in 1817. Of his classmates only seven are now living. ^Ir. White, in recounting incidents of his college life, shows a wonderful memory. Among his classmates were the late Hon. Stephen Salisbury of Worcester, the Hon. George Bancroft, the Hon. Caleb dishing, whom he con- sidered the most talented man he ever met ; Samuel Sewall, now living in i5oston ; Dr. John Green of Lowell, the Rev. Dr. Tyng of the Episcopal church, now living in Phildelphia ; John D. Wells of Boston, one of the greatest anatomists of his da\-. and I'rofessor Alva Woods, formerly j^resident of the Transylvania college in the South, living in Providence. When the "Dorr War" broke out Squire White was living in Woonsocket. "Governor" Dorr, be- ing at the head of the controvesy, called upon Mr. White, for advice '"as a friend and acquaintance." which resulted in frequent visits between them. This resulted afterwards in both White and Dorr being obliged to leave the state, both going to Thompson. Conn. Soon after, Mr. White secretly got Dorr into New Hampshire. The authorities in Rhode Island used a warrant for the arrest of Squire White, in which he was called the "commander-in-chief" of the forces that opposed the state. They called on Governor Chauncv Cleveland of Connecticut for assistance, which was refused. Thev afterwards called on Governor John Davis of Massachusetts to ar- rest White when he came to Dudley, Webster or Worcester, but Governor Davis as in the case of Governor Cleveland, refused to grant the request. Both governors were in synipathy with Dorr and White. The Rhode Island authorities then threatened to send an armed force to kidnap Squire White at his home in Ouinnebaug. Governor Davis then issued a warrant for White's arrest if seen in INIassachusetts, but this warrant was not intended to harm Squire White, for it was to run only thirt}- days from its date. The result Avas that Squire White remained unmolested in his (|uiet home on the banks of the placid Ouinnebaug. He is a lawyer and his Inisi- iiess has been such as settling estates, drawing up wills, giving ad- vice, etc., and he has always been considered a safe man to consult on such business. When he was in his prime he was six feet in height, lightly built and very long-limbed, weighing 160 pounds. He is nearly blind, his eyesight having been failing for some five years. In his college days he, wnth Caleb Gushing, collected several rare coins. Later he engaged in collecting old-fashioned coppers. When the government called in the old coppers in 1863 or tliere- abouts, issuing new ones, and for three years afterwards, he was most active in picking them up. His reason for going into this business was that he thought it very profitable. He visited the mint 138 I.lTCTlKlKl.n COUNTY BKXCII AND P.AR at i'hiladelphia, making- arrangements with the officers to take these coppers and give him new pennies in return, the government to pay all expenses in shipping to and from his home. This busi- ness, which he has carried on for some fifteen years, as a whole has netted him a large amount of profit. He has some instances sold copper coins of rare date for from $1 to $3, and in one case he re- ceived $5 for a rare coi)per. He paid from forty to forty-four cents per pound, "good, bad and indifferent." selecting the good ones from them and shipping the rest to the mint. In his trips he visited the ]irincipal cities and large towns in New England, collect- ing many thousand coins as a result. After the death of Air. White in 1886, his executors found manv barrels of copper cents — of the "not rare" ones. About four tons of these coins were redeemed l)y the Sub-'rreasur\' at ^^'ashington. KxTRACTS FRO.M AAKOX WIUTK's WII.L. Fourth. — ( )ut of the residue of the estates so given in trust as aforesaid, to pay to tlie Treasurers of the present eight Counties in tlie vState of Connecticut, to each the sum of One Thousand Dollars in lawful mone\'. to be bv them received in trust, as funds for the [M'ocuremcnt and maintenance of County liar Liliraries in their respective Counties, in their several County Court Houses, for the sole use of the Judges and Clerks of Courts therein, Alem- bers of the Bar, and their students at law ^vhile in the offices of said Bar members, in their respective Cijunties : which funds or the annual income tlicreof, as said Bar Members may direct, shall be expended under their direction in the i)urchasc of r)Ooks of His- tory, and Books of Moral and I'olitical I 'liilosopli\-. And in case said residue last mentioned be not sufficient for the payment of all said legacies to said Counties in full, then said residue, in ecjual portions to said Counties for the ])urposes afore- said shall be deemed a fullfilment of their trust. Such payjnent to be made within tlu-ee years from the time of ni\- decease.''' cKXTi-:xNrAr,. At a meeting of the Litchfield Count}' B)ar held at the Court House in Litchfield on the 4th (la_\- of January 1851 the following- preamble and resolution was adopted: \\'iii:ki'..\s. During the j^iresent year a century will elajise since the organization of the County of Litchfield; and WiiiiRKAS, A Centennial celebration of that event has l)een under consideration. Therefore Rkso[A'KD, That Chas. B. I'helps, ( ). S. Seymoiu", John H. Hub- bard, Gideon Hall, G. H. Hollister, |. B. Harrison and J. 15. Foster Es(|uires, be a Committee of the liar to call a meeting of citizens of the County to consider that subject and to take such F. 1). Bkemax HISTORICAL NOTES I39> order thereon by apixiintment of a Committee of arrangements or otherwise as shall be thought best. F. D. Beeman. Clerk. In pursuance of these proceedings the Centennial Celebration of August 1851 was held. Several thousand {people were present. Judge Samuel Church delivered the Historical address which is reprinted in this volume. Horace Bushnell the sermon and John: Pierpont the poem. DAVID DAGGETT. At a meeting of the Bar of Litchfield County during the August Term 1834, a Committee was appointed to prepare an address to the Hon. David Daggett, Chief Justice of the State, on the occasion of the near approach of his term of judicial service, which Com- mittee reported to the l)ar the following address, which was by order of the Bar communicated to the Hon. David Daggett, and together with the re])ly thereto was ordered to be recorded upon the records of the Bar. "To the Hon. David Daggett. Chief Justice of the State of Connecticut. Sir : — The members of the Bar of the County of Litchfield, having heard from a ccimmunication which you made to the Legislature of the State at its last session that }(")ur judicial term of office service will expire by Constitutional limitation dur- ing the present year, and consequently not expecting to meet you again in your official character, beg leave to express to you the high sense which they entertain of the ability, integrit\' and impartiality, which you have manifested upon the bench, and to thank you cordially for the uniform kindness and courtesy with which you have treated them when they have had occasion to appear before you to discharge the arduous duties of their i^rofession. In taking leave of you we cannot but recollect that it is now rising of forty years since you first formed a connection with the Bar of this County, and that you were long associated in practice with Adams, Reeve, Smith. Tracy, Allen. Kirby, Benedict, Slosson and South- mayde, whose bright names are inscribed on our recorrls and whose memory will be cherished so long as learning, talent and virtue shall command esteem ; nor can we forget that your labors may be traced in the very foundations of the judicial system of Connecti- cut, nor that \'ou have exercised a happy influence in adorning that system with various learning, and in bringing it to its present matured condition. We tender you our best wishes that the residue of your days may be as happy as your life has been heretofore distinguished and" honorable. Per order of the Bar, Phineas Miner, Cliainiiaii.. Geo. C. Woodruff, Clerk [^ro tern, Litchfield. August 29th., 1834. 140 l.lTCIll'lKU) COUNTY I'.KXCII AXD T.AR ^ The following- is the re])ly made l)v the Hon. David Dag-gett to the foregoing address. "To the nieml)ers of tlie liar of Liteh field of the Countv of Litchfield : Gentlemen : — 1 ha\-e received with high satisfaction the address signed hv I'hineas Miner and George C. \\'oodrufif. Esquire;, your Chairman and v'^ecretary. which you did me the honor to comnumicate to me this day. in taking leave of a liar so distinguished. l)y the illustrious names inscrihed on its records, it is impossible that I should not entertain a grateful recollection of the memories of those who are now away from all earthly scenes, and also cherish a lively affec- tion and res])ect for those who now occupv with such honor their ]:)laces. If my official conduct on the bench deserves the commendation bestowed upon it. much of it is justly due to the gentlemen of a Bar ever characterized by ability, integrity, industry and learning. Of your courtesy towards me and vour gv. .emanly deportment towards each other while engaged in the co licts of the Bar, I cannot speak in terms sufficiently expressive of the feelings of my heart. They will be recollected with grateful affection. How much such an intercourse between the Bar and the bench tends to alleviate the burdens of the judicial station, can be known onlv by those who have had the pleasure to witness it. I pray you to accept my fervent wishes for the prosperitv and happiness of you individually, and my cordial thanks for this ex- pression of your esteem and respect. David Daggett. Litchfield, August 28th., 1834. A true copv. Attest. Wm. P. Burrall, Clerk. COURT I'.XI'KXSl'.S. In the earlier navt of the century the Judges were given a cer- tain sum per da}- and their dinners. Among the vouchers of the past the following bill of Court expenses apjiears. The State of Connecticut : To Isaac lialdwin. Dr. Superior Court, February Term, i8to. To ninety nine dinners for the Court $40.50 To 21 bottles of wine at tos 35-50 To lirandy. Sugar, etc., 17 days at 4-6 '^^.yc, To pipes and tobacco .50 To Segars .25 To paper .25 m-75 GIDKOX 11. WKLCII. HISTORICAL XOTKS I4I THE COUNTY COURT. Prepared by the late Wm. F. Hurlbut, Clerk. The first Court organization in Litchfield County was the County Court, and for several years it was the principal trial court, — hav- ing- criminal jurisdiction in all cases except those punishable by death, or imi)risonment in the State Prison for life. — and civil juris- diction in law and ecpiit}' where the matter in demand did not ex- ceed three hundred and thirty-five dollars, but a right of appeal to the Superior Court existed, in cases where the ad damnum exceeded two hundred dollars, or the title to land or right of way was in (|uestion, also raising" or obstructing the water of any stream, river, creek or arm of the sea by erection of a dam, etc., which gave litigants the power to prevent a determination of causes by the County Court, and which the defeated parties availed themselves of to such an extent that most cases passed through both courts with a trial of facts in each, with the result that public opinion con- sidered the County Court of but little practical value. Therefore the legislature of 1855. abolished it and transferred all causes there- in pending" to the docket of the Superior Court, causing" that Court to be loaded with such a mass of business that it was impossible for a case to be tried within two years after being" brought. This congestion of the docket of the Superior Court coupled with the inconvenience of travel to Litchfield (then the only County Seat) caused the organization in 1872 of the District Court for the First Judicial District, the district being composed of the towns of Bark- liamsted, I'.ridgewater, Canaan. Colebrook, Cornwall. Kent, New Hartford, Xew Milford, Norfolk, North Canaan, Salisbury, Sharon, Washington and Winchester. This Court continued to exist until 1883 when the remainder of the County desirous of enjoying the privilege afforded 1)\' it, the name was changed to the Court of Common Pleas and its jurisdiction extended to the entire Countv with sessions holden at Litchfield in addition to Winchester, New Milford and Canaan. This was practically a revival of the old County Court with civil powers enlarged to cover causes demanding" one thousand dol- lars damages but with no right of appeal to the Superior Cotn"t nor any criminal jurisdiction. The Court of Common Pleas has been a popular court transact- ing a large majority of the litigation of the County with less ex- pense to the State and to parties than the same could have been done by the Superior Court. 14- l.ll'Cll I'll'.l.I) CorXTV BEXCII AM) r.Ai I ll)i.i:S oi' Till-: e'OL'XT^' COL'KT. \\"illiani Preston 1751-1751 Ansel Sterling-. 1838-1839 Woodbury Sharon John \\'illiams. 1754-1773 Calvin lUitler, 1 839- 1840 Sharon I'lynionth Oliver Wftlcott. 1773-1/86 Ansel Sterling, 1840-1812 Litchfield Sharon Daniel Sherman, 1786-1791 William AI. lUirrall. 1842-1844 Woodhury Canaan Joshua I'orter, 1791-1808 Abijah Catlin. 1844- 184() Salisburv Harwinton Aaron Austin, 1808-1816 Elisha S. Abernethy, 1846-1847 New I-lartford Litchfield Augustus Pettibone 1816-1831 Holbrook Curtiss, 1847-1849 Norfolk \\'aterto\vn DaA'id S. Loardman, 1831-1836 Hiram (loodwin, 1849-1850 Xew Mil ford r>arkhamsted A\'illiam Al. I'.urrall, 1836-1838 Charles P.. IMielps, 1850-1851 Canaan Woodbury Hiram Goodwin, 1851-1856 P)arkhamsted jusTicKs OF Tiir; oroiu-:\[. John Miner, 1704-1716 John Sherman, iy2T,-iy2^ Woodbury Woodbury John Sherman, 1708-1714 Jose])h Miner, 1725-1739 Woodl)ur\" Woodl)m\\' William Preston, 1740-1751 Woodbur}' Till'; Fojj.owixc, IX i.iTc 1 11-1 1:1.1 ) corx'i'\'. Thomas Chi])man, I751-I753 Licrease Moseley, 1755-1780 Salisbtiry Woodbury John Williams, 1751-1754. Roger Sherman, 1759-1762 Sharon Xew Mil ford Samuel Canfield, 1751-1754 Daniel Sherman, 1761-1786 New IMilford A\'oodbm-y Ebenezcr AFarsh, i'j^]-^~y2 lUishnell l>ostwick, 1762-1776 Litchfield " New Milford Jose])h Pird. 1753-1754 Joshua Porter, 1772-1791 Salisbury vSalisbury Noah Hinman, 1754-1759 vSamuel Canfield, 1777-1790 Woodbury New Milford Hlisha vSheldon, 1754-1759 jedediah Strong, 1780-179T Litchfield ^ ' ' Litchfield "WILLIAM F. IIURLBUT HISTORICAL NOTES I43 Henian Swift. 1786-1802 LJirdseye Xorton, 1809-1812 Cornwall Goshen Aaron Austin, 1790-1808 Au^tjustus Pettibone. 1812-1816 Xew Hartford Norfolk Nathan Hale. 1791-1809 Uriel Holmes. 1814-1817 Canaan Litchfield David Smith. 1791-1814 Moses Lyman. Jr.. 1815-1817 1 Mymouth Goshen Daniel X. Brinsmade. 1802-1818 CMiver Ihirnham, 1816-1818 \\"ashinti"ton Cornwall Judson Cantield. i8o8-i8i5Cyrus Swan. 1817-1819 v^harnn Sharon Martin Strong, 1819-1820 Salisbury ASSOCIATK JUDGKS. ■Vfartin Strong-. 1820-1829 Morris Wodruff, 1829-1836 Salislnu'v Litchfield John \\'elch. ' 1820-1829 Hugh P. Welch. 1836-1838 Litchfield Litchfield William M. Burrall. 1829-1836 Canaan The Judges of the District Court were Roland Hitchcock, two years; Jared L. Foster, three years; Florimond D. Fyler, four years and Donald j. Warner, two years; of the Court of Common Pleas Donald J. Warner, six years ; Alberto T, Roraback, four years ; Arthur D. Warner, three and one half years; xA.lberto T. Roraback, five months ( when he was appointed to the Superior Court bench) and Gideon IT. Welch now (1907) holding the office. The Clerks have been of the County Court Isaac Baldwin. i75t-17()3 Frederick Wolcott, 1793-1836 ( )f the l)istrict Court and Court of Common Pleas Wm. F. Hurll)ut. twent\-two years Walter S. Judd. two years \Micaton F. Dowd, from 1901 jUDGi; Preston's monument in woodi'.ikv Siriala HISTORICAL NOTES I45 NOTED TRIALS. Althouiiii the Courts are organized, to remedy private wrongs and as sucli their proceedings are not matters of general history, yet these are sometimes of such a pnbHc nature and relate so closely to the general weal and welfare that they are properly a part of Court history, while of course Criminal trials are public property. Some of these have passed through the Courts of highest adjudica- tion and are very important. The Attorney in preparing his brief in an action cannot have avoided noticing how often his references quote from some Litch- field County decision, especially in the earlier cases. Those earlier Blackstones of our jurisprudence, Reeve, Gould, Church and Seymour laid their work on the deep foundations of the philosophy and truths of natural justice and common sense. The early part of our records are of appeals from the County Court, motions for new trials, foreclosures, and a good many cases of Insolvency proceedings and cases of equitable nature. Aery few trials of fact occur; the judgments w^ere rendered mostly after de- cisions upon demurrers, pleas in abatement and such preliminary pleadings, upon the determination of which we now have a right to answer over, and have a trial on the facts. In the Criminal prosecutions, if the accused by any chance was acquitted he was discharged by paying the costs of his trial, and till 1835 the sentences of imprisonment were made to Newgate, now known as the Copper mines in Simsbury. We append herewith a few of the memorable trials, and have probably omitted others of equally as valuable and important signifi- cance. The abstracts are necessarily very brief and condensed. The first recorded case upon the books of the Superior Court is that of Abner Wheeler, of Bethlem vs. Joshua Ilenshaw, of Xew Hartford. In which the plaintiff recovered $642.75 damages and costs taxed at $49.86. The first divorce granted was Lucy Mix of Salisbury against Thomas Mix. These mixings and unniixings liave formed a large per cent, of the judgments during the centurv. Tiiic si:ij,i'CK-osi!oRx :mattkr. One of the most important trials and probabl}' one tiiat in its general results affected the State, especially the political part of it more than any other that has ever occurred in the State, was the Selleck-( jsborn trial 1806-1807. iSenjamin Talmadge, Esq., was a Colonel in the Revolution and at the close of hostilities settled in Litchfield where he was a verv 146 ].1TCHK1F,I,D COUNTY BKXCII AND BAR prominent citizen and for many years a member of Congress. Frederick W'olcott. who for more than forty years was the clerk of the County and Superior Courts, brought a suit against one William Hart of Saybrook and at the August Term of this court 1805 re- covered $2,205.00 damages. The case was taken to the Supreme Court and affirmed. Execution was issued and paid in full in 1806. Selleck ( )sborn and Timothy Ashley were then publishing a newspa])er in Litchfield called the Witness and made comments upon the judgment reflecting severely upon the integrity of the Court. Whereupon the Superior Court prosecuted them as follows : "James Gould, Esq., Attorney for the State for the County of Litchfield specially appointed by this Court in this ])ehalf filed an information before this Court, therein representing that Selleck Osborn and Timothy Ashley both now resident in Litchfield in County intending to bring the Superior Court of judicature of this State into disrepute and contempt and especially to induce a belief among the good people of this State that said Court in proceeding to and rendering judgment in a certain cause in which Benjartiin Talmadge and Frederick Wolcott, Esquires were plaintitTs and William Hart, Esq., was defendant, and that the jury who attended said Court in finding a verdict in said cause were influenced by par- tial, dishonest and corrupt motives, did at Litchfield aforesaid on the 4th day of September 1805 with force and arms most unjustlv wickedly and maliciously print and publish and cause to be printed and published of and concerning said Court and jury and of and concerning the proceedings in said cause in a publick newspaper called the Witness a certain false and scandalous liliel purporting t(5 be a statement or re]:»ort of the aforesaid action of the evidence ad- duced therein and of the proceedings therein had which said infor- mation is as on file." The defendants plead to the jurisdiction of the Court to which the attorney demurred and the Court decided that it had jurisdiction. It then went to the Court for trial on their plea of not guilty. They were found guilty and fined two hundred and fifty dollars each. Osborn in his statement of the numerous trials says that this one cost him $605.98. The libel suit of Julius Deming against him $346.46 and for slandering Thomas Colier he paid $522.00. Osborn and Ashley were also fined in the County Court one hundred dollars for libelling Julius Deming a prominent merchant of Litchfield. Mr. Ashley paid his part but Mr. Osborn would not pay and was taken to jail. This aroused the Jefifersonians all over the County and State, they calling it a political martyrdom and on the 6th of August 1806, they gave him a great ovation forming a grand procession with cavalry and military parade passing by the jail where he was confined and saluting him with great honors. A part of the celebration was an address delivered in the meeting house by Joseph L. vSmith, then a young lawyer of Litchfield. He made HISTORICAL NOTES I47 remarks reflecting upon the Superior Court, consequently in due course of time the State's Attorney, Urial Hohnes, Esq., issued an information against him for uttering "the following false, malicious, scandalous and defamatory words, viz: "The Courts of justice (meaning the aforesaid Courts of justice in this State) have re- garded the face of man in judgment. If the Repuhlicans shall re- take the property which the Federal Courts (meaning the aforesaid Courts , magistrates, judges and justices of this State) have taken from them (meaning the said Repuhlicans) it will be but a poor apology for the Federalists that they obtained it by false witnesses perjured judges and packed juries." Also "Osborn is imprisoned for publishing that of a Federal justice which is true of every Federal justice in the State." Smith first plead not guilty, then the Court allowed him to change his plea to a demurrer. The Court found the information sufficient and fined Smith two hundred and fifty 'l(_)llars and costs, one hundred and twenty three dollars and sixty four cents. The clerk adds to the record, "The delinquint was delivered to the custody of the Sherift' of said County." Smith's connection with the Court was not altogether agreeable after that, but he was soon appointed ]\Iajor in the United States Army and was a Colonel in the War of 1812 after which he was United States Judge in Florida. He was the ancestor of the con- federate General E. Kirl)y Smith. i5LASPnK:\iY. At the August Term of the Court in 1809 William Leavenworth, Jr., was informed against fur blasphemy in the town of Plymouth. The information stated "Who did in the presence and hearing of sundry of the good people of the State then and there assembled, blaspheme the name of (^od the Father and of the Holy Ghost, and deny and reproach the true God and His government of the world by wickedly and blasphemously uttering and speaking the words following, viz : 'I am the Holy Ghost and here is the Holy Ghost,' he the said \\'illiam speaking of himself and meaning" that he, said William was the Holy Ghost." The accused was arrested, brought before the Court and plead not guilty, and after a trial was acquitted by the jury and the Clerk adds, "The said William was discharged by order of Court without the payment of costs." This was a new departure, it having been customary for the prisoner to be obliged to pay the costs whether convicted or ac- quitted. The following remarkable proceeding appears upon the record of our Courts, but the account herein given is from Gen. Sedg- wick's Historv of Sharon. 148 I.lTCllFlKLD COUNTY BENCH AND BAR A WRONG VKRDICT STANDS. At a regimental trainino- in Sliaron on the 20th day of Sept., A. D.. 1805 an altereation occurred between Zenas Beebe of Sharon and Aner Ives of Kent, which was consummated by the stabbing of Jves by Beebe with a bayonet, inflicting a mortal wound of which he died at the end of a week. There were mitigating circumstances in the case wliicli relieved Beebe from the charge of wilful murder, l)ut it was a clear case of manslaughter. By a singular blunder of the foreman of the jury he w-as pronounced not guilty of any of- fense. The jury had agreed upon the verdict to be rendered to b?. "not guilty of murder, but guilty of manslaughter." The foreman rendered the first part of the verdict but stopped there. The sub- sequent proceedings in the matter are copied from the records of the. Court. "After the verdict was rendered the, foreman informed the Court that the verdict wdiich the jury had intended to return and had agreed on was — that the said Beebe was not guilty of murder, but by mistake he had omitted to return and state the whole finding of the jury, and desired to be directed by the Court whether the verdict and the whole finding of the jury as agreed upon by theni, and as he designed at first to have stated the same, would then be made and returned. On consideration it was adjudged by the court that the verdict of the jury as returned and recorded by them could not be ex- plained or altered." Tieebe was defended by two of the ablest lawyers in the State Nathaniel Smith of Woodbury and David Daggett of New Haven. At the Term of the Superior Court holden February, A. D. 1820, Beebe was tried for an assault with intent to kill Amasa IVIaxam and found guilty. He was sentenced to confinement in the Old Newgate j^'ison for two years but died before the ex]:)iration of his sentence. A SINGULAR I X FOR. \r ATI OX I'OK SI.AXDKR. In 1814, Elisha Sterling, Esq., then Attorney for the State for the County of Litchfield presented to the Court his information against a very prominent man of the County who was at that time Brigadier General of the State Militia. The complaint was for libel upon his deceased father-in-law made by the (jcneral in the form of a "Funeral Order" and sent to one of the inferior officers of his regiment directing him to con- duct the funeral. The order is too wicked and vulgar to be pub- lished entire but a few extracts from it will show its general pur- port. A I'lXl'.KAI. OKDI'.K. T have this dav been informed that old is dead, and 1 beintr out of health cannot attend the fimeral. T therefore IIISTORICAI. NOTES I49 give you this order and empower you to conduct it in the following order and I will pay the exipense. First get a coffin made of Pepperidge Plank three inches thick and duftail it strong together with large Iron Spikes, Hoop it thick with Bars of Iron, make a winding sheet with sheet iron, hraze it well Top and Bottom, make a iVluffler with two hundred pounds of German Steel. Place .i large Iron Screw on the top of his head extending through the Jaws so that the old fellow cannot open his mouth, next place on a mule dressed in Regimentals with old sword and Epaulette which he wore at the time the British invatled Xew York, when he run and left his men twenty rods behind Raise four red or crimson Flags, place (certain neighbors) as pall bearers to blow Rams Horns, dress (other neighbors) in Indian Stockings and Wampum and make them carry around Winkum or Cyder Brandy in large iron kettles to treat the procession, start 1)\' the shouting of Rams Horns until the walls fall in ( ) as they did in Jericho. Draw Him to , then l)last a grave into a solid rock ten feet deep, put him in head downwards, place bars of iron thick across the grave, take a sledge, drive in stones, cement them with Plaster of Paris, so that the old Devil cannot get out, as he would make Ouarrells and Disturbance until the Day of Judgment. Go to and get one hundred and fiftv barrells of tar or pitch and twenty l)arrells of brimstone and burn around the door to keep off the devils until }ou perform this my order The information concludes as follows : — "All of which was false, willful and malitious and done to blacken the memory of the said deceased and cast a stigma on his memory and on all others connected with him and excite his children to a breach of the peace and expose them to the hatred and contempt of the good people of this State ; all which wrongdoings of the said are against the peace and dignity of this State contrary to law and a high crime and misdemeanor and of evil example to others in like manner to oft'end. Said attorney therefore prays the advice of the Honorable Court in the premises. Elisha Sterling." The indorsement is as follows: — "James Gould and Xoah 1>. Benedict assigned as counsel for the delinquint. I'lea not guilty. On the jury for trial. The de- linquint changing, pleads guilty. The Court adjudge that delinquint is guilty and that he pay a fine of $75 into the treasury of this State and the costs of this prosecution and stand committed until judgment be complied with. J. W. H., Clerk pro tem." RAP.KIJ.O TRIAL. In the spring of 1835 a most horrible murder was committed in Xew Preston. A young lad of twelve years of age, son of Mr. 150 IJTCJll'lKI.U COLXTV UENCII AND BAR Ferris Beardsley, was brutally murdered by a wandering- fellow, a Portuguese by birtb, for some fancied insult, claiming- that the boy stepped on his toes. 'J'he trial commenced in August 1835 before Judges Waite and Williams. The prosecuting attorney for the State was Leman Church assisted by George C. Woodruff, Esc|., and the Ccjurt appointed Truman Smith and (). S. Seymour for the prisoner. The trial lasted se\eral days and on the eighteenth of August 1835 the jury returned a verdict of not guilty by reason of insanity. The prisoner was committed to jail for safe keeping and remained there a number of years but was afterwards committed to State Prison for safe keeping. He became a raving maniac and died in prison only a few years since. It was at that time a noted case and one of the earliest ones, now so common, of offering expert evidence on insanity. The proceedings of the trial were published in pamphlet form. LliXXIiT WARD :MURDliR. On the 23r(l of November, 1846, Bennet Ward went into a store kept by W. 1>. I^ounsbur}-, he was somewhat intoxicated, became nois}' and violent, threatened to whip several persons who were in the store, and began to throw tire among the dry goods that were disposed about the store. Among those present was George W. Smith. Ward finally proposed to whip him, and Smith seized a stick of wood from the wood box, and struck him over the left side of the head, causing a fracture in the skull five inches in length. He then kicked liim out of the store and he fell upon the stoop. He got up however and wanted to fight, but the door was shut upon him. He then went about a quarter of a mile, to an out house of David J. Stiles and staid there two nights, when he went into Mr. Stiles" liouse, and soon became insensible. In this condition he re- remained till his death, which occurred fifty-six hours after the blow was received. A post-mortem examination showed there was concussion and compression of the brain, besides a chronic inflamma- tion resulting from an old injury. Smith was arraigned for murder, February Term 1847. Hon. John H. Hubbard, State's Attorney and Hon. Charles B. Phelps, appeared for the State and Hons. Leman Church, G. H. Hollister and William Cothren appeared for the accused. After an interesting trial. Smith was acquitted, on the ground that he acted in self defence. LUCIUS H. FOOT :MURDliR. On the morning of March 4th., 1856, Lucius H. Foote, a tavern- er of Woodbury, was found brutally murdered, under the horse sheds of the Episcopal Church in the center of the town, and his whole body frozen stiff, showing that he had been killed the evening be- fore. Circumstances strongly pointed to Edward E. Bradley, as being the perpetrator of the crime. He was arrested on this sus- picion, and after a hearing before Justice Bull, bound over, without V. WILLIAM CUTLIKLN. niSTORICAI, XOTES 15I bail to the next Superior Court to be held at Litchfield. A Grand Jury was summoned, and a true bill for the crime of murder was found. The trial of the accused on the indictment commenced at Litchfield on the 14th., of April, before Judges William L. Storrs and Origen S. Seymour and a Jury, Hon. Gideon Hall, State's At- torney, Hon. Charles B. Phelps and William Cothren, Esq. ap- peared for the State, and Hon. Charles Chapman of Hartford, Gideon H. Hollister and Henry B. Graves, Esqrs. appeared for the prisoner. Not only very nice questions of circumstial evidence, but other intricate questions of law, were involved in the case, and the trial excited a more general interest than any case which has been tried in this county. On the tenth day of the trial the presid- ing Judge charged the jury, and on the eleventh day, they having failed to agree on a verdict, after having been sent out for several times, the papers were taken back, the jury discharged, and the prisoner remanded to jail. The jury stood five for conviction of murder in the second degree and seven for acquittal. At the September term of the Court the case came on again for trial. It was commenced October 3rd., 1856 before Hon. David C. Sanford and Hon. John D. Park, presiding Judges with a jury. After a careful and laborious trial for twelve days, the jury again disagreed and were discharged. On the 14th of April, 1857 he was again arrainged for trial be- fore a jury with Hon. William W. Ellsworth and Hon. Thomas B. Butler as presiding Judges, and after a trial of fourteen days the jury again disagreed. Soon after this result the State's Attorney entered a nolle prosequi and the accused was discharged. ]\Ir. Cothren published a complete report of the trial. MATTlIIvAV MORRIS MURDER. On the 17th of Jul\-, 1861, Woodbury was again startled by the announcement that another murder had been committed there. Matthew M. Morris a very respectable citizen became engaged in a quarrel with one Charles Fox, was stabbed by Fox and the knife at the last thrust, entirely severed the main artery under the collar bone on the right side, called by the doctois the vena cava. Fox immediately hid his knife in the corner of the yard where it was found the next morning, almost covered with blood. Fox took his scythe and started for Roxbury, but was detained by a neighbor till Sheriff Minor arrested him. After an inquest. Fox was bound over for trial to the September term of the Superior Court, 1861. Judge Ellsworth presided over that Court. Gen. Charles F. Sedgwick and Wm. Cothren, ap- peared for the State, and Gideon H. Hollister and Henry B. Graves, Esqrs., for the defence. After the evidence on both sides had been introduced the judge called all the counsel to the bench, and told them that in his judgment the crime amounted to manslaughter and no more ; and that if it pleased them to agree to that view and 152 I.lTCTIFlKl.n COL'XTY BKXCTT AND BAR would waive argument, he would immediately so charge the jury. The counsel cheerfully acceded to the suggestion of the distinguished judge, who immediately charged the jury in accordance with his views. 'J'he jury retired, and in a few minutes returned with a ver- dict of manslaughter, and Fox was sentenced to ten years imprison- ment in the Connecticut State Prison. DRAKELY INlL'RDIiR. Again Woodhury was the scene of a sad murder. On the night of August loth., 1886 Robert Drakely shot his wife through the heart after she had retired for the night. He was a young man, not twent}' years old and had been married only a few weeks and was, as he claimed, jealous of his wife for the attentions she be- stowed on a small child that boarded with them. He was of a good old family of very respectable people but had become disso- lute and dissipated and committed the act while^ in a drunken frenzy. He was bound over to the Superior Court by Justice Skelly and taken to the jail at Litchfield. At the April term, 1887 of the Court the Grand Jury indicted him for murder in the second de- gree. In September, 1887 he was arraigned and plead not guilty. He was tried before Hon. David Torrance and a jury. The prose- cution was conducted by Hon. James Huntington, State's Attorney and Arthur D. Warner, Esq. ; the defense by Henry B. Graves and William Cothren, Esq. The defense was that the accused from various reasons was not mentally or mortally responsible for his acts. .\fter an exhaustive trial and the charge of Judge Torrance the jury retired and in about ten minutes returned with a verdict of guilty. He was sentenced to State Prison for life and died a few years after commitment. CIvRXTICE WHITE, MURDER. In the early part of 1850 the people of Colebrook and vicinity were startled by the report that Bernice White, an elderly gentleman living near Colebrook River, had been murdered. In a short time four men were arrested for the deed, named W'illiam Calhoun, Lorenzo T. Cobb, Benjamin Balcomb and Henry Mennasseh, the latter a half breed Indian. After the preliminary hearing they were bound over for trial to the Superior Court at Litchfield. A Grand jur\- found a true bill against cacli of them and they were brought to trial at the August Term 1850. There was so great a crowd of witnesses and interested spectators that the Court was obliged to adjourn to the Congregational Church to hold the trial. Two Judges presided. Chief Justice Church and Judge Storrs. Calhoun and IJalcomb being minors, Charles Chapman, Esq., of Hartford was appointed guardian ad-Utem of Calhoun and Origen S. Se_\-mour for Balcomb. U])on their arraignment Balcomb plead guilt}- and the rest not guilty of murder in the first degree. HUNRY B. GRAVE;S HISTORICAL XOTKS I 53 After a long- trial Calhoun and Alanna^seh were found guilty and Cobb was acquitted. The guilty ones were sentenced to be hung on the second Friday of July, 1851. ( )ne of them, Cobb, died in jail and the other three finally had their sentences changed to im- prisonment in State Prison for life. After serving there some years Balcomb died in prison and Calhoun and Mennasseh were par- doned out. it having been fairly proved that they had no hand in the actual commission of the deed but were only accessories after the fact. Calhoun died somewhere in the west and Mennasseh died in the Farmington town house. He is said to have been the last of the Tunxis Indians. WII,IJA.AI II. r.UIlKX TRIAL. The trial of the Rev. \\'illiam H. Green of Cornwall for murder excited a very general interest. In 1865 ]\Ir. Green resided in Centerville. N. Y., in the character of an itinerant Methodist preacher, and about that time he married a woman with whom he lived several months occupying with her the parsonage of the parish wherein he preached. In 1866 he abandoned this wife and married a young widow who had a small amount of property amounting to some twelve or fifteen hundred dollars. In the spring of 1867 he came to Connecticut and tooK the stump for P. T. Barnum who was then running for Congress on the Republican ticket. He was esteemed a very powerful preacher and his political arguments were elocjuent and convincing, he also lectured on temperance and was an evangelist and held re vival meetings in dififerent places. After a time he joined his sec- ond wife's brother in West Cornwall and engaged with him in the general country store business. Mrs. Green was in feeble health with consumption and grew rapidly worse. On the evening of May 6, 1867 she was attacked with spasms and died just aftei midnight. From certain suspicious circumstances and subsecpient conduct of Green, suspicion was aroused to the cause of her death. About the middle of June her body was exhumed and the stomach and liver sent to Prof. Barker of Xew Haven for examination who found traces of strychnine in those organs. Green was arrested and sent to Litchfield for safe keeping without a mittimus and of course was not locked up. While under keepers here his brother-in-law called upon him and informed him of the result of the analysis. Green concluded that his residence at the jail was not desirable at least on his part and made his departure therefrom unknown to the authorities and was for a few days in parts unknown. In a few days he reported at West Cornwall where he was formally arrested and attempted to save the State the trouble and ex])ense of three trials by cutting his throat with a pocket knife in which he was not entirely successful. He was bound over to the Superior Court for trial and in Xovember 1867 was tried for the crime and convicted 154 LITCHFIELD COUNTY BENCH AND BAR of nnirdcr and sentenced to be hung on December 4th., 1868. His case was carried to the Supreme Court and a new trial granted him on the ground of newly discovered evidence. In January 1869 he was again before the Superior Court and the new trial resulted in a disagreement of the jury, but in September of that year the third trial was had and the jury returned a verdict of guilty of murder in the second degree. He was sentenced to State Prison for life September 25, 1869, where he died. JAMES LE ROY. The career of James LeRoy, who received in 1850 at the age of twenty-five years his third commitment to the State Prison for the term of fifteen years iipon his plea of guilty to seven different burglaries committed in or near Winsted and New Hartford in the years 1849 ^"^ 1850, is in many respects a remarkable one. From his boyhood he seemed to have nothing but a criminal instinct. When arrested in 1850 he was placed under keepers who fell asleep and he not enjoying their society departed from them. He had hand cuffs on and disliking them, proceeded to one of the scythe shops, broke into the shop and set one of the water grindstones running, and ground the shackles from his wrists and then secreted himself so that he was not found by the officials for several days, although they were constantly on the alert for hirn. After his release from the Connecticut State Prison he was engaged in practical observations in the management of prisons in other States and in 1877 under the name of James Whiting was sent to prison for rheft for three and a half years, and died in prison. Pie made in 1850 a confession of his exploits which was published. WOLCOTTVILLE BURGLARS. On the night of November 1876 the, warehouse of the Union jManufacturing Company in Torrington was broken into and a large quantity of manufactured goods carried away. The burglars stole a hand car from the sect:ion house and started towards Bridge- port on the Naugatuck Railroad track. When it passed through Waterbury the watchman at the depot informed Superintendent Beach of the passage of the car. Mr. Beach immediately had an engine fired up and started in pursuit, and just before reaching Ansonia at about half past four in the morning the engine struck the hand car and threw it from the track. Stopping the engine they found fifteen pieces of woolen goods scattered about, but the occupants of the hand car had fled, but were tracked in the snow and soon arrested. They were lodged in Litchfield jail and had their trial before this Court December 6, and 7, 1876 and Franklin Johnson. William C. Davis and William C. Davis, Jr. were con- victed of the crime and received State Prison sentences. It was a case that excited great attention partly on account of the mode of capture and the novel method of transit. The whole evidence J^lplfctT >\ #K .'?' Ctusyuftuj} U^Ui^"^ HISTORICAL XOTES 1 55 was purely circumstantial and tlie defense was not onlv denial bv the accused but a fairly proved alibi presented. The skillful prose- cution conducted by the State's Attorney Huntington and G. H. Welch. Esq. with the adroit defenses presented by H. B. Graves and the large attendance at the trial makes it a noted case. LIQUOR TRIALS. From the Litchfield Enquirer of April 29. 1880 we take extracts which will illustrate the great battle which was fought in our Courts in the prosecution for the illegal sale of intoxicating spirits at about that date : "With all its victories in the moral field, temperance has hereto- fore met defeat or but partial success in the Courts. Even in high teetotal times, when the people were electing Prohibition Governors and Prohibition Legislatures, we have seen rum-seller after rum- seller brought before juries, their guilt conclusively proved, yet escaping- justice by acquittal or disagreement. The old prohibitory Statute of 1854 in this County at least was an utter failure. Of the dozens we have seen tried mider the act we can recollect but one conviction. Under Local Option there has been a marked change, particularly of late years, and especially since the popular feeling against the liquor trafific has been intensified by the P)lue Ribbon movement. There can be no doubt, too. that Litchfield County is very fortunate in her State's Attorne\-. an officer who never shirks or slights his duty, whether it is a rum-seller, or a sheep stealer that is brought to the bar of the Superior Ccnu't for trial. Of late years, therefore we have seen several convictions bv juries, but in this County, rum and justice have never l>een brought face to face so sharply and with such decisive defeat — indeed such utter rout, demoralization and capture of the liquor interest — as the past week has witnessed." After stating the trial of a certain case which was most strongly contested by State's Attorney Huntington, H. P. Lawrence and W. B. Smith for the prosecution and H. B. Graves and A. H. Fenn for defense but resulted in convic- tion of the parties, the article continues : "The prisoner was very much overcome and went home completely broken down and took to his bed seriously if not dangerously ill. On Thursday the Win- sted Temperance men began to reap the benefit of their victory. Dealer after dealer came up to make such settlement as he could. The terms were the same to all. All costs must be paid and an obligation given that they would quit the trafific. On Friday after- noon the Court adjourned for the Term with the following record of progress for about six days w^ork on liquor cases : Three convictions with fines and costs amounting to about $500 and one hundred and six cases settled for $2,664.11 and one man in jail. Ak'ssrs. Forbes, Holmes. Lawrence, \\'. B. Smith and others are to be highly commended in their wonderfully successful assault of what has so long been considered the last strong-hold of the li(|uor trattic, the Glorious uncertaintv of the law !" 156 I.lTCriFlEl.D COUNTY BENCH AND BAR MASTERS VS. WARREN. One of the important civil cases tried in this Court came from Warren. Nicholas Masters, while ritling horse-back in the eastern part of the town, was thrown from his horse by reason of its breaking throvigh a small wooden sluice or bridge and received serious in- juries, having his neck nearly broken and for some years carried his head turned partly around and also received some other minor injuries of not so serious or permanent a nature. His attorneys. Graves and Hollister. brought suit against the town of Warren for damages, claiming ten thousand dollars, the writ re- turnable to the September term, 1856. A long exhaustive trial be- fore a jury was had at the November term, 1857 in which the plaintiff recovered thirty-five hundred dollars. Some very inter- esting questions came up during the trial regarding the taking of depositions by the defendant without notice to the i)laintiff and also in the charge of the judge to the jury of a statement made by the judge of matter outside of the evidence. An appeal was taken to the Supreme Court of Errors by the defendant claiming a new trial which the Supreme Court did not grant and final judgment was rendered against the town at the April term, 1858 for three thousand five hundred and eighty-seven dollars and fift\' cents damages and costs. The story is told in connection with this case that Dr. Buel one of the expert witnesses for the plaintiff testified that he examined the i)laintiff and found him suffering from tortochlorosis of the neck. Mr. Hollister in his argument indulged in the high sounding word frequently, portraying the sufferings of his client during his lifetime from such a terrible complaint. ( )ne of the defendant lawyers soon after met Dr. Buel and asked him what that big word he used meant. "Stiff' neck," was the answer. "Why didn't you say so in Court said the lawyer. That word cost the town $1500." RO]ll!IXS \'S. CoEl'IX. In 1883 an action from Salisbury wherein Samuel Robbins sued the administrator of the estate of George Coffing. The points of law involved were important and the amount in- volved was about $70,000, an unusually large sum for this Court and the attorneys engaged were of the highest rank in the State. George A. Hickox, who then edited the Litchfield Enquirer, re- ports it as follows : "The management of the case by the noted counsel on each side respectively, was looked on with much interes*". Judge Warner made an excellent opening argument tor the de- fendants, on whom the burden rested to ]:)rove their various de- fenses. Then followed John S. Beach, with a very clear quiet statement of the ])laintift"s claim. Most interest was naturally felt 211LKS T. CKAXGER. HISTORICAI, XOTES 157 in the argument of Ex-Governor Hubbard, who followed Mr. Beach. The elegant forcible style of his address showed all the polish of his first class literary work, and the weight of his oratory was made doubly effective by his remarkable power as an actor. It was worth while studying the use he made of an old pair of ste;;! spectacles he wears, to damn the defendants claims or enforce his own. The way they fell on the table was made to express the ex- treme of confidence or the extreme of disgust. They came down with the weight of a sledge hammer in emphasizing" the one or the other view. His mode of handling a law paper spoke volumes. In- deed we have heard as fine rhetoric and as fine oratory in a law court, but never combined with such acting. Mr. Perkins closed the case with a very telling exposition of the evidence in connection with the position of the defendant." The jury returned a verdict for the plaintiff to recover $67,633.33 damages and costs. In connection with Brother Hickox's discription of the conduct of the trial it may be proper to add that this was the last argument in a law court that "Dick" Hubbard ever made. iiiggin's ESCAPK. One of the most interesting and exciting matters that have arisen in modern years, related to the escape of Richard Hadley a prisoner while being transported to the State Prison in Wethersfield in the year 1883. — Higgin's alias was Richard Hadley. The following extracts from the papers of the time will give full details as well as some interesting history : When James R. Higgins escaped from the wagon in which he was being taken from Litchfield to Wethersfield to serve out a tea years sentence for burglarlv it was supposed that he had been fur- nished with a key to his handcuff's by his counsel, Henry H. Prescott of Litchfield. A. T. Roraback of Canaan, W. B. Smith of Winsted, and Dwight C. Kilbourn of Litchfield were appointed a committee to obtain evidence to be presented to the court at Litchfield touch- ing Mr. Prescott's connection with the aff'air. Mr. Smith, of the committee, was at Wethersfield on Tuesday an^l obtained the fol- lowing- statement from Higgins : — I first met Harry H. IVescott of Litchfield soon after I was ar- rested, in Litchfield jail. He was my attorney in the superior court in that county. When I called him into the case he agreed to help me to get away from jail, and I was to give him $250. Not having any money I was to give him some stolen bonds as security. The bonds were stolen from the savings bank at Woodbury, this state, and the total amount was $7,500. I put into Prescott's hands $6,400 in bonds. The understanding w^as that if I got out he should have the bonds. He was to give Paddy Ryan and others who came from New York to assist me in breaking jail all the points about jail, also the use of his office, and in short was to act as a general X58 LITCIII-IKLU COUNTY BENCH AND BAR go-between to aid nie in escaping from jail. The understanding was that Prescott was not to negotiate the bonds and was to keep the matter quiet until Howard, my pal, who was arrested with me, and I had escaped. Prescott told me that he went to New York to see Ryan at 154 East Twenty-third street, and that Ryan was afraid to have anything to do with him in the matter. Later he told me that he had been to New York again, but did not see Ryan. Soon after Prescott brought me a letter that was sent to him by Ryan and written by Farley, one of the Ryan gang. The letter inquired whether Prescott was all solid and to be trusted. After reading the letter 1 burned it in the jail stove. I sent a letter through Pres- cott to Ryan saying that Prescott was straight and to be trusted. The following Sunday, after he had been to New York, Prescott came to me and stated that he had taken the bonds to the bank parties and had got something over $400 for them. As I had ob- jected to his doing anything about the bonds until I had made my escape, I was angry when I found that he had given them up. At that time he gave me $15 and in a day or two gave my wife $200. I could not get anything more out of him. I afterwards found that lie received about $1,200 for the bonds, but I could not get anything more out of him. My friends of the Ryan gang did not appear and I found that I had to depend upon my own resources. I continued to find fault because Prescott would not give me more money, and at last he said to me, about two weeks before court opened, that if I W'Ould keep still he would get me a key that would fit my hand- cutts, and I could escape either when on the way from jail to the court house, or when I was being conveyed to the state prison if I was convicted. Howard and I talked it over and concluded to make the attempt to escape when we were being conveyed to or from the court room. Prescott brought us four handcufif keys that fitted my handcuffs and two small keys, like dog-collar keys ; also two files. I had the four handcuff keys in my pocket all the time during the trial. The two other keys I filed and gave to Howard. One of the files I kept until I escaped, the other I left in the jail. When Pres- cott gave me the keys he told me that he knew that four of them would fit any handcuff in the jail. They did fit without any filing. When wc were taken to the court room to plead Howard was handcuff'ed to me and the sheriff' took my right wrist in his nippers. AVhile we sat in the dock, Prescott came up to us and said: "Why did you not esca])e on the way over ?" I told him that Howard might have got away, but T could not. Prescott replied : "That's right. You liad better wait and get away together." While I was in the Litchfield jail Prescott gave me a revolver loaded with five cart- ridges, also ten cartridges afterwards. He gave them to me in my cell, I think on the afternoon of the dav I was sentenced. I wanted the revolver and he did not want to give it to me until after I had received a \-isii from ]n\- wife, so tliat it would aj^jK^ar as if she had Wkllixgtox B. Smith. HISTORICAL XOTRS I59 furnished it to me if it was discovered. I asked him if he had it with liim, and he said he had. I then asked him to let me see it. After making- me promise to give it hack to him, he let me take it. I examined it and then handed it back. At 4 o'clock Thursday evening, after I was sentenced, he gave me the ten cartridges. The revolver was a "Young- America" or "Young American," I don't renieml)er which. It was doul:)le-acting-, had five chambers, and was of 32 caliber. 1 did not know where he got it. I don't remember whether he told me he got the keys from a man in Litchfield, or whether he said he was going- to get them of some nian there. I understood that the man was an officer or had been one. The last time I saw I'rescott before my escape was when he gave me the ten cartridges on Thursday. He then cautionetl me not to use the revolver, shook hands with me and wished me good luck. After !ny escape I pawned the revolver in Baltimore. I had it tied be- tween my legs the Saturday morning when they started to take me to Wethersfield. I was on the l)ack seat of the last wagon, which the sheriff was driving. Ibiward was in the first wagon with the deputy. 'Sir. Prescott was ])resent w ile the latter part of this staten-ient was made, and afterwards cross 'xamincd Higgins withotit material- ly shaking his statement of the ^ase." :\IICTl.\i ^ lilON'^ CASlv. ( )ne of the most important cases of our Courts, considering it in all of its features, was the case of Michael Bion from the town of North Canaan. In 1 87 1 Lyman Dunning's store at East Canaan in the town of Xorth Canaan was burglarized, and a woodchopper named Michael Bion was arrested and convicted of the crime and sentenced to two years in State Prison. He behaved himself well, receiving the due credit therefor and was discharged at the expiration of his sentence with no great love for Mr. Dunning. In 1874 a bag containing gun powder was placed near the house of the next neighbor of Mr. Dunning occupied by the congregation- al minister and was exploded in the night time setting the house on fire, but doing no great damage. The two houses looked alike and it was supposed that the intention was to place the powder at Mr. Dunnings house. Bion was charged with this deed and arrested and after a hard fought trial convicted and sentenced to ten years in State Prison mainlv by the active agency of Mr. Dunning which did not increase Bion's affection and he made threats of violence against Mr. Dunning. Upon his discharge from prison he was induced to return to France his native country. About five years after this he was discovered working under an assumed name in the vicinitv of Pine Plains only a few miles distant from East Canaan. Mr. Dunning fearing further injury from him got out a lOO I.ITCIIFIEIJ) CorXTV liKXCir AM) 1!.\R sureties of the peace complaint, olitained a warrant and when he found him in Connecticut had liim arrested and broui^ht before a justice who placed liim under bonds in the sum of five thousand dollars. Bion could not furnish such bond and on the 19th day of November 1889 was lodged in Litchiield jail. He employed at- torneys who instituted liabeas corpus proceedings to release him and by various stages the matter came before the Supreme Court of Errors at the May Term 1890 and the re])ort of the case occupies twenty pages of the 59th volume of the Connecticut Reports. The (."ourt found no error in the judgment complained of and Bion still remained in the Litchfield jail. Afterwards an arrangement was made by the French Consul by which Bion was released and re- turned to France. TTIIC l!ORJl':SSON' :MURDKR TRIAL. Only one sentence of death passed by this Court during the Century was carried into efifect and this was u])on Andrew Bor- jesson a native of Sweden who was residing in Xew Mil ford. On the first of August 1890 in the night season Borjesson weiit to the house of Homer Buckingham and climbing on the roof of the ell part of the house entered the room of a Swedish girl named Emma Anderson, a servant of Mr. I>uckingham's and murdered lier. Mr. Buckingham hearing the noise in the room, went out of his house and saw Borjesson upon the roof of the house from which he jumped and ran off into the woods, and going to the girls room found her lying upon the floor in a pool of l)lood. her neck cut from ear to ear on the back side with other wounds upon her Ixxly. The murderer was arrested and liound over to the Superior Court and a true bill was found against him on the 9th of ( )cti>])L-r 1890. Fie was tried before the Snperior Court in December and a verdict of guilty found against him Dcceml)er 31st 1890, and sentenced to be hung January 29th, 1892. His counsel made most strenuous efforts for his re]:)rieve getting depositions from relatives in Sweden con- cerning his sanity. All efiforts failed. It was a cool deliberate murder and there was no public sympathy or extenuating circum- stances. The sentence was duly carried into efifect in the jail yard at Litchfield. The scenes connected with the execution outside of the jail enclosure, were of a disgraceful character but everything connected with it officially were solemn, orderly and ])roper. The citizens of the village were exasperated and shocked and made such an appeal to the public sense of propriety that the Legislature en- acted the law that all future executions of the deatli ])enalt\- should be had within the State Prison. cosiiKN TAX c.\si:. In 1894, June Term, a \er\ interesting case was trietl at Win- sted being an ai)peal from tlie decision of the lioard (jf Relief of CJlAkLKS J. I'ORTKR. HISTORICAL NOTES l6l Town of (joshen, about abatement of Taxes. The amount involved was triflin<4', l)ut the ])rinciple was important enough for a two weeks contest with a very large number of witnesses and several attorneys. A local l)ard re])orts the trial as follows : GOSHEXIA. A famous ta.x-case once was tried, l')y the staid old land of Goshen ; ( )ne Fessenden Ives was taxed too high. At least, that was his n(^tion. He said his land was cold and wet. And hard-hacks covered the ground. The once fertile soil was sterile and cold And yellow charlicks abound. His barn was like sweet charity That covereth a multitude of sin : — The outside was neat and fair to the eye, But old rotten timbers within. He's assessed too high, the rest too low. And there's a i)l()t to take his gold, 'Tis wrong- to do so after years of toil. , Thus to rob him when he's old. The town ai)])eared by Huntington and Warner, By Webster, Welch and Judd, While Ives employed Hubbard, Hickox and r>urrell To shed his opponent's Ijlood. The air was fragrant with sweet breath of June, Outside were the birds and bees : — The Judg'e's desk was strewed with flowers. Hardbacks, charlick and cheese. The stenographer dreams of hardback on toast. Of ivy, rocks, alders and birch, As the lawyers try to win their case The other side trying to smirch. The case draggetl on its weary length. Watched by Goshen ladies fair, W-^hile poor old Kilbourn, the jiortly clerk. Sat fast asleep in his chair. For ten long da\s they fussed and fiuned, W ith witnesses goaded to tears. While the cc^sts were doubtless large enough. To pay the taxes a hundred years. 1 62 LlTClll'lKl.L) COUNTV BiCXCH AND BAR I'.DWARI) A. XEI.LIS. Till", .MAXXKRIN't; CASK. Edwin ManiKriiii^ a resident of Roxl)urv died en Feliruarv 19, 1893. the result of taking- a dose of Epsom Salts for medicinal pur- ])oses in which as afterwards discovered was a quantity of strich- nine. The coroner made a very full investigation which resulted in the arrest of ^^Irs. Mannering fur the crime of ])nis()ning her hus- hand. It was admitted that strichnine had heen kei)t in the house for the purpose of poisoning foxes, and it w-as shown that she had l)urchased strichnine from a neighhoring druggist a short time liefore his death. She was hound over for trial to the Superior Court and a true hill was found against her hy the Grand Jury. 'Jdie trial occurred ai Eitchheld in Xovemher 1893, lasting six d.ays and resulted in her ac(|uittal. It was perhai)s the most sensational trial ever held in this Court. The j^risoner was led into Court leaning u])on the arms of two friends and one or two physicians were constantly near to ad- minister stimulants which was occasionally necessary. Several ladies of the village of Litchfield interested themselves in her trial hy attending Court every day arra\ed in all the sonil)re hlackncss of mourning hahiliments. It seemed like a stage j)lay rather tluin a cold ])looded matter of fact trial. Her attorney left no art or artifice untouched to arouse the sympathies of the Court and jury. A distinguished jurist remarked that it was the most artistic trial he ever witnessed. LEOXARDJ. NICKlvRSOX. IIISTORICAI, XO'i'KS 163 XOK.MAN r.KOOKS, WIIJ, CASK. Xoniian 15ro(jks a farmer lixini^" in Winchester died on the 28th of July 1895. aged 78 \ears. He left a widow but no children and had a small amount of property, .\fter his death a will was offered for probate which was made on the 15th of January 1895 in the office of Warner & Landon at Salisbury. From the probate o£ this will his widow appealed to the Superior Court. U])on the trial of the case in the Superior Ccnu't the claim was made that the will in question was not made l)y Xorman Brooks but l)y some one per- sonating- him and that the disposition of his property given hi this will was entirely dift'erent from repeated declarations he had made and also that there was a previous will which corresponded with these declarations. The contestants had his body exhumed and the, witnesses to the will were ])resent to identify or not identifv the person. It was also claimed that one E. M. Clossey whose wife was a relative of the deceased and with himself were the principal beneficiaries of the disputed will was largely instrumental in the production of this will. That he went with Mr. Urooks who was ([uite an infirm man on one of the coldest days in January to Salis- bury to get the will made altlK)Ugh he was not actually ])resent at its execution. The case came to trial before the Superior Court and a jury at Winchester at the April Term 1896, and after a protraced trial the jury found that there was undue infiuence exerted upon the testator in making a part of said will to wit. that part which gave the residue of the estate to said Clossey and also of that clause which gave him power to sell all the real estate and that said paragraph was null and void but confirming and establishing the rest of the will. The case was appealetl to the Supreme Court of Errors at the ( )ctober Term i8(/). I'pon a motion for a new trial for a A'erdict against evidence. In the record of the case the e\'i(lence is printed in full, occupy- ing 269 pages. After a full hearing before the Supreme Court the motion for a new trial was denied. HANI'S MIRDKK TRIAL. In February 1901. John T. Hayes, a young man of \\'insted, shot and killed Winnifred I". Cooke, a \oung lady he had fallen in love with, because she would not elope with him and marry against the wishes of her father. The tragedy occurred at the Gilbert Home in Winsted on the nth of February, where the lady was employed as a teacher. He, after shooting her shot himself three times in his head — but failed to kill himself — and was held for trial in the Superior Court. The trial came on at Litchfield at the < )ctober Term, before Judge l%lmer and lasted four weeks, when the liu'v returned a virdict of, on the 8th of November of guiltv of 164 I,n\lll"Ii:i.I) fOlNTS I'.l'NCIT AND T.AR murder in the second dej^ree, and lie was sentenced to imprison- ment tor life. The defense was insanity from hereditary causes and four expert physicians were present all through the trial, and testified from a supposed state of facts — which it took nearly two hours to read. Two of them ])ronounced him not responsible and the other two thought him responsible, for which important evi- dence the slate allowed nearly two thousand dollars, while the jur\ ])aid no attention to them at all, but on their first ballot stood eight for first degree and three for the second degree and one blank. After twelve hoiu^s confinement in the jury room they all agreed to bring in a verdict of murder in the second degree, w'hich the court accepted. It was the most expensive trial on our cost book. The total ex])enses being a little over seven thousand dollars. ][AD1)()CK CASi;. ( )ne of the most im]iortant cases regarding the property rights of husl)and and wife, and also one that has made great confusion in the divorce laws of the country, was decided in the United States Su])reme Court, April 12. 1906. and can be found in \'ol. 201 of said l\e])orts beginning at page 562. This case had its inception in this Su])crior Court. December 1881. and is known by the legal pro- fession as the case of Haddock vs. Haddock. The facts are brieflv as follows : The Haddocks were married in i8f)X in Xew ^'ork. where both ])arties then resided. The very day of the ceremony they separated, nud never lived together. In i88r Air. Haddock having resided in Connecticut for three years, obtained a divorce from his wife Harriet Haddock, at the December term, on the ground of desertion. The service of the writ was by ])ublication in the Litchfield Kncjuirer and a copy sent by mail to the defendant at Tarrytown. X. Y. where it was supposed she re- sided. This divorce was granted December 6. 1881, and the decree was signed by Hitchcock. Judge. At that time the plaintifif was poor but he afterwards ac(|uired con.^iderable property, and also married another wife by whom he had children. Tn 1894 the first wife brought suit against him in Xew ^'ork for a divorce from bed and board and for alimonw C'onstructive service was made of this process and she obtained a decree. As there was no per- sonal service the judgment for alimony was inefifectual. Tn 1899 she brought another suit against him, and obtained ])ersonal service on him, and was allowed a decree for alimony for $780. a year. The defendant in this last suit i)lead for one of his answers the ConnecticiU divorce in 1881, but the Xew York courts disallowed it. Haddock a])]iealed to the Ignited States Supreme Court on the ground that the decree denied full faith and credit to the judgment of the Connecticut courts, but the Supreme Court u])held the actions of the Xew^ York courts and sustained the judgment, five judges in the affirmative and four dissenting. The discussion and ex- planation of this seemingly inconsistent decision recjuire thirtv ])ages of fin.' ]>rint in the Re])ort. I'.XUV 7. AI.LIvX. HISTORIC A I, Xd'I'I'S 165 RlCirAKl) T. IllGGJXS. COUNTY COROXER. Previous to 1883 ^1' sudden deaths that occurred iu the county Averc reported to the Clerk's office only by the returnes of a jury of inquest. A very great many of such deaths were never reported, and those that were, showed some remarkable verdicts. Jn 1883 the Legislature enacted a law for the proper return and preservation of these untimely deaths. Each county was to have a coroner who should be a])pointed by the Judges of the Superior Court at their annual meeting, and who should hold office three years, and imtil another was appointed in their place. The county coroner had ])ower to ap])oint an able and discreet person learned in medical science to l)e medical examiner in each town in the county. The medical examiner was to examine the cause and manner of each sudden death and make his report thereon to the county coroner who was to keep a record of such deaths. The medical examiner's reports were to be placed on file with the clerk of the v^uperior Court. The first Count\- Coroner in Litchfield Count}' was C(»l. Jacob JTardenburgh of Canaan, who held the office until his decease on April 4, 1892. Richard T. Higgins of Winchester was appointed to succeed him, and has held the office from that time until the present. i66 I.ITCIII-IKM) COfNTV liKXCll AND BAR FRANK \V. KTIIKRIDGE. HEALTH oFFlCliKS. In 1893 the Legislature enacted a law for the appointment of a County Health Officer, who was to be an attorney-at-law and be appointed by the judges of the Superior Court, and hold office for four years. The statute prescribes that he shall cause the execution of the laws relating to public health and the prevention and abate- ment of nuisances dangerous to public health, and of laws relating to the registration of vital statistics, and co-operate with, and super- vise the doings of town, city and borough health officers, and boards of health within his county. He is clothed with all the powers of a grand juror and prosecuting officer for the prosecution of violations of laws relating to such matters. The appointee was Walter S. Jndd, of IJtchheld. The sec- ond was William F. Hurlbut pf Winchester, in 1894. and the third was the present incumbent, Frank W. Etheridge, who has held the office since 1896. ARTHUR D. WARXKR. II ISTdK'KAI. Xo'I'I-.S 167 AIAKCL'S 11. IIOr.COAFB. ATTOKXEV GENERAL. In 1897 the Legislature of Connecticut enacted a law for the election of an Attorney General. In November 1906 :\Iarcus H. Holcomb a member of this bar, but residing in Southington and practicing- law both in that town and in Hartford was elected to that office. l68 UTCllI'll'I.!) C'OLXTN' lil'Ne'll .\NI)J!A1^ THE FIRST LAW REPORTS. Judge Church in his atUh'css mentions the fact that the first Law Reports in this C()untr\- were pnljhshed at Litchfield soon after the estabhshment of the Law School, ]j_\- Ephraim Kirby, Esq. who was then a ])roininent and successful attorney at Litchfield. A manuscript copy of part of these reports has been preserved by some of his descendants, and has been placed in the room of the Historical Society at Litchfield, by whose courtesy I have been able to reproduce in this work the first page of the "Symsl)ury" case. I am also enabled to give a picture of this eminent man from a photograph of a painting presented to St. Paul's Lodge, F and A. M. of Litchfield, by Col. E. K. Russell U. S. A., a grandson of Col. Kirby. I also republish the preface to the Rc])orts, together with a short memoir of its author and a list of the books composing his Law Library. PRitFACr;. The uncertainty and contradiction attending the judicial de- cisions in this state, have long been subjects of complaint. — The source of this complaint is easily discovered. — When our ancestors emigrated here, they brought with them the notions of jurisprudence which prevailed in the country from whence they came. — The riches, luxury, and extensive commerce of that country, contrasted with the equal distribution of property, simplicity of manners, and agricultur- al habits and employments of this, rendered a deviation from the English laws, in many instances, highly necessary. This was ob- served — and the intricate ancbprolix practice of the English courts was rejected, and a mode of practice more simple, and better ac- commodated to an easy and speedy administration of justice, adopt- ed. — C)ur Courts were still in a state of embarrasment. sensible that the common law of England, "though a highly improved system," was not fully a])plicable to onr situation; but no provision being made to preserve anrl publish proper histories of their adjudica- tions, every attempt of the Judges, to run the line of distinction, be- tween what was applicable and what not, ]M-oved aliortive : For the princi])les of their decisions were soon forgot, or misunderstood, or erroneously reported from memorv. — Hence arose a confusion in the determination of our courts; — the rules of i)ro])ertv became un- certain, and litigation i)ro])ortionablv increased. In this situation, some legislative exertion was found necessary; and in the }ear 1/(85 an act ]iassed, re(|uiring the Judges of the Superior Court, to render written reasons for their decisions, in cases where the pleadings closed in an issue at law. — This was a great advance toward improvement ; still it left the business of reformation but half ])erformed; — For the arguments of the Judges, a , r f '/^lim V ^,-rt-i,' /^ . /.'>'-<^ , .^ y . /€/ ^ ^, -, cV' ^, ^ J. f- . f ■•■- V. ,. ,^ 7_ **" .V^ ^ .-/ - ^ .. /, ^^. ^^,-,^^ „,. _-r^i^. f..,/-zy ,c. / - .; 'J V , KEPRUDUCTIOX Ol* KIRBY S MAXUSCKIPT. HISTORICAL >^o'ri:s 169 without a liistorv of the whole case, would not always be intelliigible : and they would become known to but few persons ; and being written on loose papers, were exposed to be mislaid, and soon sink into total oblivion. — Besides, very many important matters are determined on motions of various kinds, where no written reasons are rendered, and so are liable to be forever lost. Hence it liecame obvious to every one, that should histories of important causes be carefully taken and published, in which the whole process should appear, showing the true grounds and princi- ])les of the decision, it would in time produce a permanent system of common law. — P)Ut the Court being ambulatory through the State, the undertaking would be attended with considerable expence and interruption of other business, without any prospect of private advantage; therefore, no gentleman of the profession seemed willing to make so great a sacrifice. — 1 had entered upon this business in a ])artial manner, for private use ; which came to the knowledge of several gentlemen of distinction. — 1 was urged to pursue it more extensively; — and being persuaded that an attempt of the kind (however imperfect) might be made in some degree subservient to the great object, 1 compiled the N'olume of Reports which is now ])resented to the pu])lic. — Could any elTort of mine induce govern- ment to ])rovide for the ])rosecution of so necessary a work by a more able hand. m\- wishes would be gratified, and my labour in accomplishing this, amply re])aid. In these Reports, 1 have endeavored to throw the matter into as siuall a compass as was consistent with right understanding of the case: — Therefore, I have not stated the pleadings or arguments further than was necessary to bring up the points relied on, except some few instances which seemed to require a more lengthy detail of argument. — .\s the work is designed for general use in this state, I have avoided technical terms and phrases as much as ])os- siblc, that it might be more intelligible to all classes of men. — Some cases are reported wdiich are merely local, and have reference to the })eculiar practice of this state : these may appear unimportant to readers in other states; but they were necessary to the great object of the work. 1 am sensible that this ])ro(luction is introduced to the w^orld under sircumstances very unfavorable to its reputation. — But, how- ever different I might be, under other circumstances, I feel an honest confidence in this attempt to advance the common interest of my fellow-citizens ; — and that, so obvious are the difficulties which occur in almost every stage of the business, that to cletail them in a preface would be oft'ering an insult to the understanding of my readers. — The candid and generous, if they read the Reports, will doubtless find frecpient occasion to draw into exercise those ex- cellent virtues; and as to readers of an opposite disposition, I have neither wishes or fears concerning them. — If anv one should ex- 170 IJTCIIFIKLD COUNTY BKNCIT AXD BAR perieiice disagreeable sensations, ivon\ the inelegance of this per- formance, let him rest assured he cannnt more sincerely regret its faults than I do." Having persued Mr. Kirby's "Reports of Cases adjudged in the Su]:)erior Court, from the year 1785 to 1788," it appears to us that the Cases are truly reported. Richard Law. Eliphalet Dyer. Roger Siiermax. William Pitkix. Olix'Kr Ellsworth. KriIRAIM KIRBY. Ephraim Kirby was born in Litchfield in 1756, as appears by the records of the town. His birth is also claimed to have been in the town of Washington, Conn, on the site of the residence of the late Hon. O. H. Piatt. He was a farmer boy, but at the age of nineteen on the arrival of the news of the Battle of Lexington he shouldered his musket and marched with the volunteers from Litch- field to the scene of conflict and was present at the Battle of Bunker Hill. He remained in the field until independance was won, ex- cept when driven from it by severe wounds. He was in nineteen battles and skirmishes, among them Brandywine, ^Monmouth and Germantown, where he received thirteen wounds, seven of which were saber cuts on the head inflicted by a British soldier at German- town, where Kirby was left for dead upon the field. ]\Ir. Kirby studied law in the office of Reynolds Marvin, Esq., who had been King's Attorney before the war, and who was a prominent member of the bar. In 1787 he received the degree of M. A. from Yale College. After his admission to the bar, he married Ruth Marvin, daughter of his preceptor. Col. Kirby took a prominent part in the political matters of the day, and in 1791 was first elected representa- tive to the Legislature, and was re-elected at thirteen semi-annual elections, and was several years, candidate for the office of governor. On the election of Jefiferson to the Presidency, in 1801. Col. Kirby was appointed supervisor of the national revenue for the State of Connecticut. Upon the acquisition of Louisiana, the Presi- dent appointed him a judge of the then newly organized territory of New Orleans. Having accepted the station, he set out for New Orleans ; but he was not destined to reach that place. Having proceeded as far as Fort Stoddard, in the Missiissippi territory, he was taken sick, and died October 2d, 1804, aged forty-seven — at a period when a wide career of public usefulness seemed opening upon him. His remains were interred with the honors of war and other demonstrations of respect. Col. Kirby was a man of the highest moral and well as physical courage — devoted in his feelings and aspirations — warm, generous and constant in his attachments — KTHRAnr KiRin'. HISTORICAI, NOTES I/I and of in(k)mitable energy. He was, withal, gentle and winning' in his manners, kindly in his disposition, and naturally of an ardent and cheerful temperament, though the last few years of his life were saddened by heavy pecuniary misfortunes. As a lawyer, he was remarkable for frankness and downright honesty to his clients, striving- always to prevent litigation, luiiformly allaying irritation and effecting compromises, and only prosecuting with energy the just and good cause, against the bad. He enjoyed the friendship of many sages of the Revolution, his correspondence with whom, would form interesting materials for the history of his time. Col. Kirby. was a prominent member of the Masonic fraternity. He was one of the early Masters of St. Paul's Lodge of Litchfield, and for many \ears was its secretary. He was a beautiful penman, as is evidenced by the records of St. Paul's Lodge. He was largely instrumental in forming the Grand Lodge of the State of Connecti- cut, an4 was one of its early officials. He was also a prominent Royal Arch Mason, and was a delegate to the convention which organized the general Grand Chapter of the L'nited States, and was its first General Grand High Priest. When he left Litchfield to accept the position of Judge of the territory of Louisana, he gave to St. Paul's Lodge, Litchfield, his library of miscellaneous books, w-hich have been carefully preserved by the Lodge as a memorial of him, and are now placed in the fireproof building of the Historial Society. He also sold his law books to Seth P. P>eers and I am enabled to give the conveyance with the list of books, which will show the library of a prominent practising lawyer of a century ago. List of Law Books sold to Seth P. Beers by my husband Ephraim Kirby and delivered to said Beers by me in pursuance of written directions from mv said husband which directions bear the date of July the 5th A. D. 1804. A'ols. Vols. Blackstoncs L'ommcntaries 4 Towel on Devises I Dunscombs trial per pais 2 \\'oods Institute I Beacon Abridgm't 5 Coke on Littleton I Jacobs Dictionary i W'oodesons Lectures 3 English Statutes (^ Bacon on Awards i Goddphin on Executots, etc. i X"ew York Atty \'ade Mocum i Fosters Crown Law i Schifflers Practice i Bullen Nisi I^rius i liarlamiqui on Xat. Law I I'owel on Mortgages i Historical Law Tracts i Morgans Essays 3 Com pleat Attorney i Attorneys Vade Mecum 2 Stats. England abridgd i Comyn's Digest 5 Stiles Practical Regr. i Cokes Institute 2 Part i English Pleader . I Hawkins Plea of ve Crown 2 Clerks Tutor 2 172 l.nCIlFlKI.I) CCHXTV BENCH AND BAR Yoh Vols., Every man liis own La\v\er Office of Justice Douglass on Wills Law of Evidence Dagges Criminal Law Statutes of Vermont Benthams Defence of Usury Adye on Court ]\[artial Beccaria on Crimes Acts of 1st Session of Con- gress Acts of 3d Session of 5th Congress Acts of ist Session of 6th Congress Acts of I St Session of 1st Congress Saxbys Customs Holts Reports Strangers Reports Burrows Reports Wilsons Reports W. Blackstone Reports Browns Reports Douglass Reports Dainfords Reports Salkelds Reports Lutwyches Reports Cokes Reports Crokes Reports Ke])lcs Reports riowdcns Reports X'entries Reports Carthews Reports Hobarts Reports Cowpers Reports X'ernons Reports \'esey"s Reports 1 're Chancery Fincks Reports Hardwicks Rc^ports X'aughan's Reports Siderfins Reports Thos. Raymond Reports Littletons Reports Yelvertons Reports Dyer's Reports ^loore's Reports Palmer's Reports Jenkins Reports Fitzgibbons Reports Saville's Reports Pecre Williams Reports Atkins Reports Livins Reports Ambles Reports Lord Raymonds Reports Comberbach's Reports Bulstrode's Reports Comyns Reports Chipman's Reports Kirbys Reports (Signed) RuTiiv KlRllV. Signets Rocr^R sirER:\rAN'. HISTORICAL NOTES I73 Signers of the Declaration of Independence. ROGER sher:max. One of the signers of the Declaration of Independence, was ad- mitted to the practice of the law in 1754 by the Litchfield County Court. He was born in Newton, Alass., April 19, 1721, and received a very limited education, and learned the trade of a shoemaker. His father, William Sherman, dying when Roger was twenty years old, lie soon aftei- removed to New Alilford, Connecticut, and lived with his brother \\'illiam who had been settled there on a farm for about three years. The first notice of Roger Sherman on the town records of Xew Alilford is Feb. 6, 1744. He became a large land owner and was very prominent in all the town affairs, a deacon in the church, and clerk and treasurer of the Eccl. Society. He and his Ijrother also had a general store, and he lived very nearly on the site of the present Town Hall, which in later years has been named "Roger Sherman Hall." The old store building is said to be still in existence. He was a very industrious and studious man. In 1745 the Cien- eral Assembly appointed him a County Surveyor of Xew Haven County, which then included New JNIilford; this office was pecuniari- ly of more value in those days than it has been in later years, for one of his surveys he received nearly 84 pounds ; many of the plans and maps of his surveys are to be found in the New Alilford Land Records made by him in his own hand. Soon after the formation of Litchfield County in 1751 he studied law, and in 1757, three years after his admission to the bar, he was appointed County Judge, and a Judge of the Quorum. He was also a representative to the General Assembly several sessions. Re- moving to New Haven in 1761, he was chosen the Governor's as- sistant, and also a Judge of the Superior Court, which office he held twenty-three years. He was elected a member of the first Continental Congress which met September 5th, 1774 in New York, and continued a member of Congress for nineteen years, the last two being in the Senate, of which he was a member at the time of his death. Julv 23. 1793- 1/4 I.ITCHFIKLD COUXTY BKNCIT AND BAR As a memljer of the Continental Congress, he was one of the committee to draft the Declaration of Independence, which he sign- ed on July 4, 1776. Tliomas JetTterson says of this distinguished statesman, "I served with liim in the old Congress in the years 1775 and 1776. He was a very able and logical debater in that body, steady in the principles of the Revolution, always at the post of duty, much employed in the business of the committees, and, particularly, was of the com- mittee with Dr. Franklin, Mr. J. Adams. Mr. Livingston and my- self for preparing the Declaration of Independence. I had a very great respect for him." John Adams also wrote, "Destitute of all literary and scientific education, but such as he acquired b}' his own exertions, he was one of the most sensible men in the world. The clearest head 'and steadiest heart. He was one of the soundest and strongest pillars of the Revolution." Cliief Justice Ellsworth said that he made Air. Sherman the model of his youth. The honor and fame of Roger Sherman does not. rest entirely upon his being a signer of the Declaration of Independence. In the early formation of this government, he took an active and im- portant part. He was a member of the Convention which framed the Constitution of the United States, and it was undoubtedly due to his wise and sagacious counsel and cool impartial judgment, that the Convention was held together until the great work was ac- complished. Xery many of its peculiar provisions, which are now considered so important, originated with him. This compilation cannot go into the history of the Convention in detail, but those wishing further light on the subject of the part taken in it by Roger Sherman, will do well to consult Hollister's History of Con- necticut, where it is discussed at length. A competent authority says, that "he is the only man who signed four important fundemental documents of our government, viz : The Articles of Association in 1774; the Declaration of Independence in T776, which he assisted in drafting; the Articles of Confedera- tion in 1778, and the Federal Constitution in 1788. orjN'ER AVOT.COTT. The other signer of the Declaration of Independence in whom Litchfield County is interested, was Oliver Wolcott, who was the first sherifif of the County upon its organization in 175 1. The following taken from Kilbourn's History of Litchfield is a pretty concise sketch of this distinguished man. "The Honorable Oliver Wolcott, son of His Excellency, the Hon. Roger Wolcott, Governor and Chief Justice of Connecticut, was born in Windsor, December 20, 1726, and was graduated at Yale College in 1745. In early manhood he commanded a company Ghx. Oi.r'Kr AA'oi.cott. niSTORICAL NOTES 1/5 of volunteers in the Northern Army, in the war against the French. Having pursued the usual course of medical studies, he established himself as a physician in Goshen, and was there at the date of the organization of the County of Litchfield, October, 175 1. The Legislature appointed him the first High Sheriff of the new County, and he immediately took up his abode in this village, and con- tinued to reside here until his decease, a period of forty-six years. In 1752 he erected the "Wolcott House" in South street, where dur- ing the Revolutionary War, King Georg-e's leaden statue was melted into bullets, to be fired at his own troops. With a C(immanding personal appearance, dignified manners, a clear and cultivated intellect, and a character for integrity far above the reach of suspicion, it is not to be wondered at that he became a favorite of the peo])le with whom his lot was cast. Besides holding the office of Sheriff for over twenty vears, he was chosen a Representative to the Legislature five times between the years 1764 and 1770, inclusive; a member of the Council or Upper House from 1 77 1 to 1786. Judge of the Court of Probate for the District of Litchfield from 1772 to 1795: Judge of the Court of Common Pleas from 1773 to 1786; and member of the Continental Congress from 1775 to 1784. (except two years). He was one of that memor- able l)and of patriots and sages who, on the 4th of July, 1776, affixed their names to the Declaration of Independence. In the early part of the war of the Revolution, Judge Wolcott was commissioned as a Brigadier General, and Congress appointed him a Commissioner on Indian Affairs for the Northern Department, with General Schuyler and others. In ]\Iay, 1779, he was elected by the Legisla- ture and commissioned by Governor Trumbull as JNIajor General of the Militia of Connecticut, to succeed General James Wadsworth, resigned. In these important and responsible stations, he rendered the countrv essential service. On the field, in the camp, at the rendezvous, in the department of the Commissary of Supplies— ^in fact, wherever he could render himself useful — he was found, ever ]irompt in planning and efficient in executing. At the same time he was an active member of the Committee of Safety ; and, when at home, was equally zealous and conspicuous in the local aff'airs of the town — officiating as Moderator, Selectman, Committeeman, etc. Indeed, no man in the State, at this period, discharged so many and varied public duties. A considerable share of the reputation which Connecticut recpured for promptness in furnishing men and means for the army, is due to General Wolcott. Certainly, to no other individual in the western counties could Governor Trumbull or General Washington appeal for aid, with the certainty of suc- cess, as to him. In 1786, he was elected to the office of Lieutenant-Crovernor of the State, and was annually re-elected for a period of ten years In May, 1796, he was chosen Governor, to which distinguished 176 i.rrciirii'.T.D county r.Kxcir and t.ar position he was again elevated at the annual election in 1797. He was now seventy years of age. His naturally robust constitution began to feel the weight of care and responsibility which had been so long pressing upon it. He departed this life at his residence in Litchfield, December 1, 1797. aged 71 years. Joel 15arlow, in his great national poem, TJic Coliiiiibiad, thus refers to his zeal and efforts in the cause of Independence ; "Bold \\"( )lX'(:)'rT urged the all-important cause, ^Vith steady hand the solemn scene he draws ; Undaunted firmness with his wisdom joined, X^or kings nor worlds could war]i his steadfast mind." Governor Oliver Wolcott was of and had a very distinguished family. His son, Oliver, Jr., was Secretary of the United States O'reasury under President George Washington, and Governor of this State for ten years. Another son, Frederick, was clerk of County and Superior Courts for years, and the founder of the village of Wolcottville, now the business portion of Torrington. One of his daughters married Hon. William Moseley, jM. C, of Hartford, and another married Lieutenant-Governor Goodrich, of Hartford. His sister, Ursula Wolcott, married Governor Matthew Gris- wold, and was the mother of Governor Roger Griswold. Thus her father, brother, husband, son and ne])hew were all governors of Connecticut, a fact which cannot probalilv be said of anv other Jadv who lias lived in the State or the United States. THE COUNTY JAIL The history of the legal matters of the Coi:nt\- would be in- complete without a reference to the County Jail. This nistitution is situated on one of the most prominent sites in Litchfield at the corner of North and West streets. The original jail was located on the brow of Hast Hill, on the exact spot now occupied by the Center school house. At the excavation of the ground for the cellar for the school house some of the original fonndation work was discovered, and in some of the stone work were found staples and rings indicating that occasionally a ]-)risoner might have been chained up. It is said to have been a crude, but strongly built structure of hewn logs. Adjoining it a large old-fashioned house was erected in which the jailer lived and kept a hotel, the prison being in the rear. Tiiis ])uil(ling appears to have been built in 1786, at a cost of about nine hundred pounds, sterling. HISTORIC. \I, XOTKS ■ 177 The front part of the ])resent jail was erected in iSio-il, at an expense of $11,245.78, and was bnilt of lirick, which were nia('!e of clay Awg on the road between Torrini^ton and Litchheld, just east of "Seymour's meadow." Tlie bricks were very hard and builders have said that it was much easier to dii; throui^h Llie granite foundations than through the brick. A wooden building- for a kitchen was aftevwarcls added on the northern side, and the present arrangement of cells in the middle building was made about sixtv years ago. In 1895, the accommodations noit proving adequate, a county meeting was held and an addition ordered to be constructed on the we.st end of the original building, which was done at a cost of about $25,000.00. The old i)art had cells for seventeen inmates and this addition provided cell room for twenty-eight, with cages for five more, with washroom, bathroom and other needed ac- commodations. It is now heated by steam and furnished with city water, and is lighted with gas from its own private plant. In the earl\ da\s the keeping of the i)risoners was let out to the highest bidder and the keeper (now called the jailer) made what he could out of the ])rison work and also kept a hotel in the building, 'i'his system i)revailed until about 1865, when the sheriff, as one of the prerog-atives of his oHIce took ]>ossession and ran the institution himself. The ]:)rice allowed for board of pris- oners has varied ; at the present time it being ^2.2-, pav week, paid by the State. One of the large rooms in the third stor\- was used as a ])ublic biall. The Masons and other societies used it for their meetings and at other times it was used as a schoolroom. The compiler of these sketches has attended school there. A large workshop is located in the second story of the new part, in which man\- of the ]:)risoners are employed caning chair seats, manufacturing brooms, and such other em])loyments as is allowed to prison labor. A large elm tree, seen in the cut at the southeast corner of the jail yard, is known as the " Whipping i>ost elm,"" on which formerly ]irisoners were i)ublicl\' whipped; the last whipping occurred about seventv-five \ears au"o. Caut i'tljonl THE LITCHFIELD LAW SCHOOL CATALOGUE OF SCHOLARS INTERESTING MEMORANDA ^*4^..-- ./ THE ^; yfd (uTeiiriELD) ,'§33 LAW SCHOOL 181 THE LITCHFIELD LAW SCHOOL. The" following article appeared orii^inally in the Fei^ruary (1901) nnmber of Tlic Lazu A'ofcs, {)nblishc(l by The Edward Thomson Co., of Northport, L. I. It was written ])y Charles C. IMoore, Esq., a native of Winchester, and a former member of this bar, now one of the editors of the American and English Encyclopedia of Law. pnblished by the above-namt-tl company. 'J'he article has been slightly abridged for this work. In its pre[)ar- ation Mr. jNIoore was largely aided by the late Chief Justice Charles I'. Andrews : " One who looks through the records of the town meetings of Litchfield from 1765 to 1775 will find that there were discussions on the Stamp Act, the Boston Port Bill, and other acts of Parlia- mentary aggression, as clear and well defined as the debates in that town meeting where Samuel Adams and Harrison Gray Otis were the principal speakers. The child Libert} would not have been born in the P)Oston town meeting had not tlie Litchfield town meeting and other like town meetings througliout the colonies prepared the atmosphere in which alone that child could breathe. Litchfield was the principal station on the highway from Hart- ford to the Hudson ; and a depot for military stores, a workshop, and a provision storehouse for the Continental Army were there established during the Re^•olution. ]\Iany distinguished royalist ])risoners were sent there, and a military atmosphere pervaded the place. General \\'ashington was a frecjuent visitor, and so were other general officers of the American forces, including Lafayette, who, when he visited the L^nited States in 1824. went to Litchfield to renew old memories with some of his fornier comrades in arms. The leaden statue of King George the Third which stood on the Battery in New York was ccsuveyed tt> Litch- field, and in an orchard in the rear of the ^^ olcott house it was melted into bullets for the patriot army. All through the struggle with the mother country Litchfield was a hotbed of patriotism, and when the first law school in America commenced its regular sys- tematic course of instruction there in 1784, the ambitious village had among its citizens numerous men of exceptional intelligence and culture. One of them was Andrew Adams, who had been a member of the Ctmtinental Congress and was afterward a judge of the Supreme Court. Oliver Wolcott was there. He also had been a member of the Congress, had signed the iJeclaration of In- dependence, and was afterward Governor of the State. Ephraim Kirby, who a few years later published the first volume of law reports ever published in America, Major Seymour, who had com- manded a regment at the surrender of r)Urgoyne ; lienjamin Tall- i82 i.iTciii''ii;i.i) corx'iN luiNtii and \;\r mad^v. ])cr]iai)s tlie most noted cavalry commander of the Revolu- tion ; Julins Demin<4, a very prominent and successful merchant and financier, and many others of like character were residing" in the town. Into this community in the year T778 came Tappiuf^ Keevc, a young- lawyer just admitted to the liar, to settle in the practice of his profession. Born in Southold, Long Island, in 1744, the son of Rev. Abner Reeve, a Presbyterian clergyman, lie was graduated at Princeton College in 1763, and was immediately a])]>ointed teacher in a grammar school in coimection with the college. In that station and as a tutor in the college itself he jiassed seven years, lie then came to Connecticut to study law, entering the office of jvidge Root, who was then a ])racticing lawyer in Hartford, and some years later a judge of the Su]ireme Court. From Hartford he came to Ivitchfield. He had just pre- viously married Sally Purr, daughter of President Burr of Prince- ton, and sister of Aaron Jlurr. Pntil the conclusion of the Revo- lutionary War there was but very little civil business done in the county at IJtchfield, and Mr. Reeve betook himself to giving" in- struction to young gentlemen who looked forward to the legal ])rofession for support and advancement when Cjuieter times should come. This eniployment tended greatly to enlarge and improve his stock of legal learning, and led the way f(^r him to begin in ]7(S4 a systematic course of instruction in the law and to regular classes. The Law School dates from that year. It continued in successful o])eration and with annual graduating classes until 1833. I'he catalogue contains the names of one thousand and fifteen young men who were prepared for the bar subsequent to the year 1798, mo.st of whom were admitted to the practice in the court at Litchfield. The list of students prior to that date is imperfect, but there are known to have been at least two hundred and ten. A'lore than two-thirds of the students registered from states other than Connecticut. Maine sent four. New Hampshire fifteen, Ver- mont twetntt}-seven. Massachusetts ninety-ifour, Rhode Island twenty-two, New York one himdred and twent}--four. New Jersey eleven, Pennsylvvania thirty, Delaware eighteen, Maryland thirty- nine, \'irginia twenty-one. North Carolina twenty. South Caro- lina forty-five, Georgia sixty-nine, ( )hio four, Indiana, Mississippi and Tennessee each one, Kentuck\- nine, .\labama three, and Louisi- ana seven. There were four from the District of Cohmibia and (.ne from Calcutta. The greatest number who entered in an'y single year was fifty-four in 1813. " Lawyers now living in the original states will recognize the names of many men cons])icu(ms in the juridical annals of their state. Aaron Purr studied law at Litchfield. John C. Calhoun entered the Law School in 1805; only a few rods from the school building was the house where Harriet lleecher Stowe was born in 181 I, and lienry Ward lleecher in 1813; and a short hour's LAW SCHOOL 183 walk would have brought the young- Southerner to the spot where John Brown was born in 1800. in the adjoining town of Torrington. Two of tlie graduates became judges of the Supreme Court of the United States — Henry Baldwin and Levi Woodbury ; fifteen United States Senators, fifty members of Congress, five members of the United States Cabinet, ten governors of states, forty- four judges of state and inferior United States courts, and seven foreign minis- ters. Georgia is especially well represented. Among- the names of judges of that State we notice Eugenius A. Nesbit, who wrote the elegant dissertation in Alitchum z'. State, 11 Ga. 615, on the privilege and dutv of counsel in arguing a case to a jury, in con- nection with the proper limitations of the freedom of debate — an opinion copied almost verbatinn in Tucker v. Henniker, 41 N. H. 317, with an omission of quotation marks so singular and flagrant as to have occasioned comment by the profession " The course of instruction was completed in fourteen months, including two vacations of four weeks each, one in the spring, the other in the autumn. Xo student could enter for a shorter period than three months. The terms of instructicn were (in 1828) ipioo for the first year and $60 for the second, payable either in advance or at the end of the year. " In the library for the Law School at Yale University may be found several bound volumes of manuscript which apparently con- tain the entire lectures of Judge Reeve. They are in the hand- writing of his son, Aaron IJurr Reeve. But niarginal reference interhneations in his own hand make it certain that these volumes have all been revised by Judge Reeve himself. The tradition is that they are the manuscripts which he used in his lectures during the last years that he taught. An inspection of these volumes shows that the course of instruction given at the Litchfield Law School covered the entire body of the law. They speak of the law gener- ally — in reference to the sources whence it is derived, as customs and statutes, with the rules for the application and interpretation of each. Then follows Real Estate, Rights of I'ersons, Rights of Things, Contracts, Torts, Evidence, Pleading, Crimes, and Equity. And each of these general subjects is treated imder various sub- sidiary topics, so as to make the matter intelligible and afford the student a correct and adequate idea of, and basis for, the work he will be called upon to perform in the practice of his profession. Judge Reeve conducted the school alone until 1798, when, having been elected a judge of the Supreme Court, he associated Jaiues Gould with him. They had the joint care of the school until 1820, when Judge Reeve withdrew. Mr. Gould continued the classes until 1833, being asissted during the last year by Jabez W. Huntington. Jtidge Reeve remained on the bench until he reached the limit of seventy years in 181 5. The last ])art of the term he was chief justice. He died in 1823, in the eightieth year 184 I.lTCHFlI'I.n COrXTV 1'.i:N'CII AM) i;.\R of his life. He left an only child, Aaron LUut, who graduated at Yale in 1802. Aaron Burr Reeve married Annabelle Shedden, of Richmond, \'a., in 1808. He died in 1809. He left an only child, 'J'apping- Burr l\eeve, who graduated at Yale, but died unmarried in 1829, and thus the family became extinct. Mr. Gould became a judge of the Supreme Court of Connecticut, arid was the author of the celebrated work on Pleading. He died at Litchfield in 1838. The course of instruction at the school must have been incom- parably more exhaustive than would be possible at the present day, tor the oln-ious reason that there w^as so much less to learn. In 1784 there were no printed reports of decisions of any court in the Lnited States. Substantially the entire Ijody of the law was to be found in the English reports. It is said that Judge Gould had systematically dig'ested for his students " every ancient and modern opinion, whether overruled, doubted, or in any way ([uali- fied." But vast bodies of law of which the molern student nuist learn something" were unknown to the curriculum of the Litchfield I^aw School, and many principles latent in the common law were just beginning to be developed. Lord Mansfield resigned his oJlice of Chief Justice in 1788, after presiding in the King's Bench over thirty years. Prior to his time the greatest uncertainty had prevailed on ((ucstions of commercial law. " Mercantile questions were so ignorantly treated when they came into Westminster Plall," says Lord Campbell in his Lives of the Chief Justices. " that they were usually settled by private arbitration among the merchants themselves." There were no treatises on the subject and fevv^ cases in the books of re]5orts. Thus in Helyn i'. Adamson, 3 Burr. 699, decided in 1758, it was first distinctly ruled that the second in- dorser of an inland ])ill of exchange was entitled to recover from the prior indorser upon failure of i:)ayment by the drawee, without mak- ing any demand on or inquiry after the drawer. In 1770 it was held that the indorser of a bill of exchange is tlischargetl if he re- ceives no notice of a refusal to acce])t l)y the drawee. ( Blesard v. Hirst, 5 Burr. 2670.) And not until 1786, in Tindal z'. I'rown, I Term Rep. 167, was it finally determined tliat what is rc.ison- able notice to an indorser of non-payment bv the maker of a promissory ftote, or acceptor of a bill of exchange, is a question of law and not of fact. Of course there was no American con- stitutional law when the school was founded, though some of the states had already adopted constitutions. The first book on cor- ]>oration law was that of Kyd, published in London in 1793, but it was chiefly made up of authorities and precedents relatmg to municipal corporations ; and Willcock on Corporations, also an Knglish treatise was still more limited in its plan. There was no American text-book on corporations until the first edition of Angell and Ames was published in 183 1. At that time the need of such a book had become very urgent, but in the early years of the Litch- JUDGK JA-MES GOIT.D From a Cravon now owned bv Hon. A. T. Roraback LAW SCHOOL 185 field Law School there must have been extremely few piivate business corporations in this country. Not until Louisville, etc., R Co. V. Letson, 2 How. (U. S.) 497, decided in 1844, did cor- porations become competent to sue and be sued as "citizens" of a State, regardless of the citizenship of the corporators. A "fellow servant" was a total stranger in legal nomenclature : Priestly v. Fowler. 3 M. & W. i, was decided in 1837; Murray v. Railroad Co., I McMull. ( S. Car.) 385. in 1841 ; and Farwell v. Railroad Co., 4 Met. (Mass.) 49, in 1842. The term "contributory negli- gence" had not been coined: lUittertield v. Forrester, 11 East 60, was decided in 1809; Davics v. Mann, 10 M. & W. 546, in 1842, and the phrase is not used in either case. Civil actions for dam- ages for death by wrongful act were not maintainable. The law of insurance was virtually the creation of Lord Mansfield, but the volume of insurance law was comparatively insignificant for several decades. ( )n the other hand, there was an abuncUiuce of real estate law and of law concerning executors and administrators and trustees generally. In those days the executor dc son fort was more in evidence than at present, although even now he has so much vitality in some jurisdictions that it would not Ix- wise for the practioner to characterize him as Judge Lumpkin did in Shotwell v. Rowell, 30 Ga. 559, "dc son fiddlestick!" and cry, "Away with him!" The principles of equity jurisprudence had secured a firm footing, and at this day they are administered in the Federal courts as they were expounded in the High Court of Chancery in England when the Constitution was adopted in 1789. Judge Gould was a n:aster of the common-law system of pleading, which was extolled by some of its eulogists as the perfection of human reason. During the period of the Law School the noble science of pleading became burdened with so many refinements and fictions that it fell into disrepute : the celebrated Rules of Hilary Term w^ere adopted in 1834, and we have since substituted ver}' generally for the techni- calities of the common-law system what w'e term a plain and con- cise statement of causes of action and of defenses, administering law and equit\- in one suit, and sometimes peradventure evolving a judgment as incongruous as the one examined in Bennett v. But- terworth,, 11 How. (U. $.) 669, or exhibiting the chaos of plead- ings and proceedings tabulated by the reporter in Randon z'. Toby. IT How. {V. S. ) 493. Speaking of the reformed procedure, how many lawyers are aware that the chief merit of the Code system was recognized and recommended for adoption by the precep<:or of Judge Reeve, founder of tlie Litchfield Law School? The first volume of Root's Connecticut Reports was published in 1798. The reporter was Jesse Root, afterward, as above stated, a judge of the Supreme Court, with whom Tapping Reeve had studied law in Hartford. A\'e will close with a quotation from the introduction to that A'olume : "Are not the courts of chancerv in this State l86 LITCITFIKLD COUNTY BRNCH AND BAR borrowed from a foreign jurisdiction, which grew out of the igno- rance and barbarism of the law- judges at a certain period in that country from whence borrowed? And would it not be as safe for the peoj)le to invest the courts of law with the power of deciding all questions and of giving relief in all cases according to the rules established in chancery, as it is to trust those same judges as chan- cellors to do it ? Those rules might be considered as a part of the law, and the remedy be made much more concise and ei?eccual. Further, would not this remedy great inconveniences and save much expense to suitors, who are frequently turned round at law to seek a remedy in chancery, and as often turned round in chancery be- cause the\' have adequate remedy at law ? These are serious evils and ought not to be permitted to exist in the jurisprudence of a country famed iov liberty and justice, and which can be remedied only l)y tlie interposition of the legislature.' " THE IJTCM FIELD LAW SCHOOL. At the annual dinner of the Story Association, of Cambridge Law School (Mass.) in 1851, the following reference was made to the Litchfield Law School : Judge Kent gave the sentiment : " The first-born of the law schools of this country — the Litch- field Law School. The r>oston Bar exhibits its rich and ripened fruits. By them we may judge of the tree and declare it good." Hon. Charles O. Loring, of the class of 1813, reponded : " I do not remember," he said. " to have ever been more forcibly reminded of my \-ounger days, than when looking around on my young friends in (lie midst of whom I stand. It recalls the time when I, too, was a student among numerous fellow students. It will, probably, be news to them and many others here, that thirty- eight years ago. which to many here seems a remote antiquity, there existed an extensive law school in the State of Connecticut, at which more than sixty students from all parts of the country were as- sembled — ^every State then in the Union, being there repre- sented. I joined it in 1813. when it was at its -/enith, and the only prominent establishment of the kind in the land. "The recollection is as fresh as the events of yesterday, of our ])assing along the broad shaded streets of one of the most beauti- ful of the villages of New England, with our inkstands in our hands, and our portfolios under our arms, to the lecture room of Judge Gould — the last of the Romans, of Common Law Lawyers; the impersonation of its spirit and genius. It was, indeed, in his eyes, the i)erfection of human reason, by which he measured every principle and rule of action, and almost every sentiment. LAW SCHOOL 187 " Why, sirs, his highest visions of poetry seemed to be in the refinement of special pleadings ; and to him a non sequitcr in logic was an offense deserving, at the least, fine and imprisonment, and a repetition of it, transportation for life. He was an admirable English scholar ; every word was pure English, undefiled and every sentence fell from his lips perfectly finished, as clear, transparent and penetrating as light, and every rule and princii)le as exactly defined and limited as the outline of a building against the sky. From him we obtained clear, well-defined and accurate knowledge of the Common Law, and learned that allegiance to it was the chief duty of man. and the power of enforcing it upon others, his highest attainment. From his lecture room we passed to that of the venerable Judge Reeve, shaded by an aged ehn, fit emblem of himself. He was, indeed, a most venerable man, in character and appearanct', his thick, gray hair parted and falling in profusion upon his shoulders, his voice only a loud whisper, but distinctly heard by his earnestly, attentive pupils. "He, too, was full of legal learning, but invested the law with all the genial enthusiasm and generous feelings and noble sentiments of a large heart at the age of eighty, and descanted to us with a glowing eloquence upon the sacredness and majesty of the law. He was distinguished, sirs, by diat appreciation of the gentler sex which never fails to mark the true man, and his teachings of the law in reference to their rights and the domestic relations, had great influence in elevating and refining the sentiments of the }oung men who were privileged to hear him. As illustrative of his feel- ing-s and maimer upon this subject, allow me to give a specmien. He was discussing the legal relations of married women ; he never called them, however, bv so inexpressible a name, but always spoke of them as "the better half of mankind,' or in some equally just manner. When he came to the axiom that 'a married woman has no will of her own,' this, he said was a maxim of great the- oretical importance for the preservation of the sex against the undue influence or coercion of the husband ; but although it was an inflexible maxim, in theory, experience taught us that practically it was found that they sometimes had wills of their own — most happily for us. " We left his lecture room, sirs, the very knight errants of the law burning'- to be the defenders of the right and the avengers of the wrong: and he is no true son of the Litchfield school who has ever forgotten that lesson. "I pro]X)se. sirs, the memories of Judge Reeve and Judge Gould ■ — among the first, if not the first founders of a National Law School in the United States — who have laid one of the corner stones in the foundation of true American patriotisni, loyalty to the law." l88 LITCHFIKLI) CorXTV I'.KXClf AND BAR THE FOLLOWING LS A COPY OF A STUDENT'S LETTER. Litchfield, October 28tli, 1830. Di'AR FriivNd: — Having" received vonr letter just as I was on the win^" for this place, I was unable to answer it then ; but avail myself of these first moments of calm after the bustle antl confusion incident- to the settling down into m\- nest, to turn my thoughts to that brood in which I found myself when my eyes were first opened to /t'ofl/ light, and when I first inhaled the legal atmosphere which from its misti- ness gives to those who breath it, (at least so I ]n-esume) the well known name of f^cNy foi:;s ( }0u will perceive an analogy m the derivation of this word to that of Iitciis a non hiccjido. or Fared a non parcendo ) & from which like yourself I have absconded, being" now big- enough to take care of myself. Really. Ned, since my arrival I have been as busy as a hen with one chick — I have been obliged to furnish my room, with whatever I need, from the bellows to the lamp wick. We are obliged to board here, at one house and lodge at another. They give you a room, with bed and bestead, et tout ca, at the rate of one dollar a week yoti furnish your wood, your servant, carpet if you don't wish to go without, lamps, oil, &c., ivc. You see & hear no more of the family than if you were the sole occuj^ant of the premises. L^pon your return from breakfast your room is swept, bed made, things set to rights, as if done by magic, you never see how. I have a fine room at Parson Jones', who is very obliging and would be more so if able, and I board at Mrs. Reeve's, a very agreeable, pleasant, old lady. We pay her, T believe two dollars and a half a week. ( )ur l)oard and lodging and contingencies will run us up to about five dollars a W'eek, which T think is pretty well on to the brogue for a country town. And this is independent of the lectures. Judge Gould is so much overcome with his late family bereave- ment that he is unable to lecture himself. PJis son, ho\,ever. delivers them in his stead. As far as I can judge they will be very valuable, independent of their intrinsic merit ; I will be obliged to write up at least three reams of finely ruled foolcap. The lecture lasts for an hour and a quarter each da}', examinations once a week. Litchfield ap])ears to he a very pretty place, and I think I shaU like it well. 1 attended an evening or two ago an exhibition of the young ladies' seminary at this place of which you speak in your letter. There were .several very handsome and interesting young demoiselles. The court room in which it was held was excessively crowded and two or three fainted, one young lady upon receiving her ])remium. At one end of the room men, boys and girfs were all heaped uj) together, and ever and anon, \-on woidd liear some r,AW SCHOOL io»; sturdy bum rcsouucliug' against the floor, its luckless owner having" incautiously pushed it out beyond the line of equilil)rium. I understand from Mrs. Reeve that all the marriageable young ladies have been married off, and that there is at present nothing" but young fry in town, consequently that it will not be as gay as usual. The young ladies, she tells me, all marry law students, but as it will take two or three years for the }oung" crop to become fit for the harvest, you need apjirehend no danger of my throwing up my bachelorship. The road from I'oughkeepsie here is, I think, the most tedious I ever travelled, you see nothing but rocks and stones. Consider- ing the roughness of the countr}' and the scarcity of land 1 am not at all surprised the yankays depend for their livlihood upon their zcifs. I wish I had it in my power to exercise a watchful care over B. as you have enjoined me. "Ah me! forsooth, he is a sorry weight." His pa. I suspect is afraid of some siiii:;iilar mancirvrc on his part and dare not trust him from his paternal e\'e. Tie did not accompany me, as in all i)ri>l)ability you know, but I do not vet despair of his coming. In such expectation I shall not write him, for I think it very possible he may arrive this evening, if so he shall write you a P. S. He and his father had not fully considered the subject when I left. It is growing dark and T must conclude before tea (for I ex- pect this evening to be very busy co])ying notes) and this i cannot do, without assuring you that it will give me the greatest pleasure to see you here. I have a double bed. I will give you half, and as long as Coont. is the land of cakes you will not starve. The excursion will, no doubt, be agreeable and advantageous to your health. You can come by the way of New Haven or Poughkecpsie. When vou write to the office remem1>er me to them and to all enquir- ing friends. Direct, Litchfield, Count. The following extracts from a letter written by Augustus Hand, while a student at the law school, will further illustrate the conduct of the institution : " Litchfield, Jan. 30th, 1829. " j\Iy Dkak Fatiikk: — * ■■' * Let me tell you how I spend my tinie. I rise betw-een 7 and 8. make a fire and scrub for breakfast, from thence to lecture, where I remain until between 10 and 11. Thence to my room and copy lectures till 5 p. m. (Save dinner time at i ]). m. ) thence to O. S. Seymour's office with whom I read law until half past q p. m., then again to my room, write till between 12 and i o'clock, then draw on ni)- night-cap and turn in." Exception — Monday we spend from 6 to 9 in the Law School Debating Society, over which 190 I.ri'C'llFlia-D COUNTY BENCH AND BAR J have the lionor — 1 never brag" ) . Friday at 3 p. m. attend an extra lecture on criminal law. and also hear an argument in the " aloot Court'' and decision by the judge. On Saturday at 2 p. m. attend a severe three hours examination on the studies of the week by jabez W. Iluntinoton, Esq. Aside from these exceptions the first day is a correct specimen. As to the lectures and their utility I will refer you to the preface of the catalog-ue mailed with thi?. I can only say that their daily practical use to a lawyer can only be appreciated by those who have enjoyed them. Without any doubt, thev give the same talent — a ]X)werful superiority. The whole is comprised in between 2500 and 3000 pages. Of these I have written about 1200 and 1300 and should I remain here till May and enjoy my present excellent health there will l>e no dilhculty in copying the whole, having access to Seymom""s volumes (for what I do not take in the othce), who has attended two courses and has them complete. This is, however, business between ourselves for these lectures are secured to the Judge, being the labor of his life in the same manner as a patent right. So we talk less and write faster. This Seymour with whom 1 study is the son of the sheriff of the county, nephew of our State Senator, a graduate of Yale, a bachelor of 26 or 2-j . of most sterling mind ami manners, w'.th a brain completely identified with the study of the law in its most theoretical and scientific part. From a natural weakness of the eyes he does not allow himself to study evenings and therefore invited me to read to him. This offer, knowing his fame, &c., I readily accepted, his oHice being next door but one to mine, and he being altogether such a man as "studies learning to use it." We take u]) the title in a lecture and progress with it till it is finished, reading ( about ) between ten and twenty pages an evening, he giving me a thorough insight into it as we proceed — allowing me with(nit reserve, to tease him with as many questions as I please and now and then reading a report of some cases adapted to the subject. 1 before the lesson he examines me in the preceding lesson from memory. ''•' '■' * The law here is a study. There are one or two lawyers in the vicinity who make 4 or 5000 dollars a year. I pass every day by the door of one worth about $150,000.00, about one-half of which he made in law. 'J'his " Huntington " who ex- amines is a bachelor rather above forty who studies, thinks and talks law sleeping and waking. He never " pettifoggs," but pleads in the higher courts and writes opinions for other lawyers in every section of the countr\ . lie will sometimes become so animated in discussing a question which arises on the examination, that he can h.ardly keep his seat. Friday, the nth inst., it came my turn for the second time to come on to the " Moot Court." A short time after my admission my name came on opposed to Mr. Halsted, of N. J. (in alphabetical order), who was an old student. I tried to cross the Rubicon but like a poor, stuck-in-the-mud T could not ford. LAW SCHOOL 191 Frightened out of my wits, surrounded by a literary fog- in the midst of my " nothing," I quoted from an author ( Swiftj with whom the judge had a personal quarrel, this with being on the wrong side of the question fired me. This time I resolved to re- trieve. A most intricate question on the doctrine of relation and estoppel was handed M. Brown of N. J. and myself by Sq. vSan- ford of this place. The next day we had a very learned decision luckily in my favor. "^ * * Your aiTectionate son, Augustus Haxd THE LAW SCHOOL BUILDINGS. The pictuhe of the Reeves Law School building appended here, showis it as now ( 1908) appears after the restoration as far as possible to its original condition. The Litchfield corresiX)ndent of the IVoterbury .Imcrican describes the situation as follows: Litchfield, Nov. 19 — Tapping Reeve, the founder of the Litchfield Law School, famous as having been the first law school in the United States, was the son of a Presbyterian minister and was born on the Soutli side of Long Island. He was educated at Princeton, where he graduated in 1763, at the age of 17 years. For seven }ears he remained as a tutoj at Princeton, then came to Connecticut and practiced law in the office of Judge Root of Hartford and as soon as he was admitted to the bar he settled in Litchfielcf about 1772. He had previously married Sally Burr, daughter of Presi- dent Burr of Princeton College, and sister of Aaron Ihirr. who studied in the school, and who was a frequent visitor in his family. In 1782, the number of students who wished to study in Reeve's office had become so large, that he Imilt the small house shown in the picture, in the corner of his yard, on South Street, the place now owned by Charles H. Woodruff of New York and Litchfield. To this school came students from all parts of the country, many of the men who gained renown in the practice of law and in other professions, being- graduates of this school. Judge Reeve continued to use this building until his death, and in 1846 the building was sold to Henry Ward, who purchased a lot of land on the brow of W^est Hill and placed the building there, fitting it np as a small house. In 1886 the property was bought by Mrs. Mary C. Daniels and her son, Prof. Charles F. Daniels of New York, who made it their summer home for many years. Prof. Daniels died a few years before his mother and upon Mrs. Daniel's death it became necessary to sell the property. D. C. Kilbourn began planning to have the old building pre- served, and to that end a committee was apponted by the Litchfield County Bar, with ^Ir. Kilbourn as chairman. He went before the Legislature at its session of 1907 with the proposition that the state 192 ],lT(.III'Ii:iJ) COUNTV UKXCIl ANT) 1!AR buy it and keep it as state property. This proposal was. however^ rejected. Thereupon the executor was obHged to sell the place at auction, and Mr. Kilbourn bought it for about $2,700. He im- mediately began restoring the old part and to do this he had the original law school building detached from the additions which had been put on by Mr. and Airs. Daniels. The building was moved to the extreme west end of the lot and has been restored both inside ami out as far as po'ssible to its original appearance. .Vt the time of the Ward purchase of the house, it was lathed and plastered. This has been taken ofif, leaving the original wide pine boards with which it was ceiled, which still show inkstains, and in some places penciled names. One of the original outside doors was found in a mutilated condition, and this has been framed into the wall, and forms the frame of a large crayon portrait of judge Reev<,\ The old small-paned windows, which appear in the picture are the same as of old. When taking off the plastering and lath, several old boards were found literally covered with names and inscriptions, done by jack- knife artists in those old school days, when human nature was much the same as now. Many of these names are to be found in the cata- logue of the school in Mr. Kilbourn's possession. Some of the names are W. T. Gould, 1818; X. I)illings, New London; Board- man, 1820: William Petit, IMarietta, Ohio; 1810; J. B. Skinner, A. i'.ates, Samuel W. Cheever, F. E. 1'., R. Mch:., E. P. S., Jones, (in monogram.) An interesting question is hcnv the building was heated, as no trace of a fireplace was found. Did they sit in the room with no fire, as the churches of those days were unheated. It is Mr. Kilbourn's present intention to make, if possible, some arrang'ement by which the old building can be ke])t as an interesting relic, and the members of the Litchfield County liar are getting nuich interested to have this done. It should he understood, in this connection, that the j)icture of what has been called "The First Law School of America" which has appeared from time to time in the state i)apers, is not a picture of the first law school building, but of the second one. which was built by Judge Gould later. He came to Litchfield and was as- sociated with Judge Reeve in his school, and after Judge Reeve's death he carried on the school, ]iutting up the building sometimes called the first school in the \ard of his i)ro])ertv. now the Hoppin house, on Xorth street. The school was carried on in that building', to be sure, but it was not the first building. It has been standing about a mik west of the village, and used as a negro tenement, but is fast falling to pieces. There is no doubt that the interest of Mr. Kilbourn in the real "first law school building" has been the means of saving this historic building, and preserving it for the benefit of future generations. LAW SCHOOL 193 THE LITCHFIELD LAW SCHOOL. A catalogue of this school was published iu 1828 of those attend- ing from 1798. A supplement was added bringing the names down to 1 83 1. In 1849 ^t was reprinted including the names to the close of the school in 1833. In January, 1900, Hon. George M. Woodrufif again reprinted the catalogue, adding some pictures and matter relating thereto. The various notices and prefaces are herewith reprinted and fully explain themselves. In the former catalogues the names are arranged by classes, in this they appear alphetically. It is believed that these names all appear upon the Bar Records. it being- the rule that all students should be entered thereon. Upon our records there are a great many names not appearing in this catalogue, being students who were studying with other attorneys. That none of the law school students previous to 1798 appear here is probably from the fact that our bar records begin at that date. ADVERTISE^IENT TO FIRST EDITIOX 1828. The committee to whom has l)een referred the publication of this catalogue, deem it proper to prefix a few observations in rela- tion to the institution, and the course of in..truction therein pre-' scribed. The Law School was established in 1782 by the Hon. Tapping Reeve, late Chief Justice of this State, and continued under his sole direction until the year 1793, when the Hon. J. Gould was associated with him. These gentlemen continued their joint labors until 1820, since which period Judge Gould has lecturetl alone. From its commencement, it has enjoyed a patronage, which dis- tmguished talent, combined with legal attainment, justly merited.- It has been composed of young men from every section of the Lnion. many of whom have since been eminently conspicuous, both as jurists and as statemen. And, indeed, even now, notwithstand- ing the nuermous legal seminaries which have been established throughout our country, this school maintains its proud pre-emi- nence. This, it is believed, it to be attributed to the advantages, which the mode of instruction here prescribed, possess over the system usually adopted in similar institutions. According to the plan pursued by Judge Gould, the law is divided into forty-eight titles, which embrace all its important branches, and of which he treats in systematic detail. These titles are the result of thirty years severe and close application. They comprehended the whole of his legal reading during that ocriod, and continue moreover, to be enlarged and improved by modern adjudications. The lectures, which are delivered every day, and 194 i,iTciii*ii;i,i) corxTv itKNcii and dar ^vl^icll usiiall\- ()ccu])y an hour and a half, embrace every principle and rule falling- under the several divisions of th.e different titles. Tliese ])rinciples and rules are supported by numerous authorities, and {generally accompanied with familiar illustrations. Whenever the opinions upon any point are contradictory, the authorities in sup])ort of either doctrine are cited, and the arguments, advanced by either side, are ])resented in a clear and concise manner, together with the lecturer's own views of the question. In fact, every ancient and modern o])inion. whether over-ruled, doubted, or in any way qualified, is here systematically digested. These lectures, thus classified, are taken down in full by the students, and after being •compared with each other, are generally transcribed in a more neat and legil)le hand. 'J'he remainder of the day is occupied in examin- ing the authorities cited in support of the several rules, and in read- ing the most approved authors upon those branches of the law, which are at the time the subject of the lectures. These notes, thus written out, are, when complete, comprised in five large vol- umes, which constitute books of reference, the great advantages ■of which must be ai)])arent to every one of the slightest acquaint- ance with tlie com])rehensive and abstruse science of the law. The examinations, which are held every Saturday, upon the lectures of the i)recee(ling week, consist of a thorough investigation of the ])rinciples of each rule, and not merely of such questions as can be answered from memory without any exercise of the judgment. These examinations are held by Jabez W. Huntington, Esq.. a dis- tinguished gentleman of the bar, whose practice enables him to introduce frequent and familiar illustrations, which excite an interest, and serve to im])ress more strongly upon the mind the knowledge acquired during the week. There is also connected with the institution, a Moot Court for the argument of law questions, at which Judge Gould presides. The questions that are discussed are prepared by him in the forms in which they generally arise. These courts are held once at least in each week, two students acting as counsellors one on each side. And the arguments that are advanced, together with the opinion of the judge, are carefully recorded in a book kept for that purpose. For the preparation of these questions, access may at all times l^e had to an extensive library. Besides these courts, there are societies established for improvement in forensic exercises, which are entirely under the control of the students.. The whole course is completed in fourteen months, including two vacations of two weeks each, one in the spring, the other in il the autumn. No student can enter for a shorter period than three " months. 'J'he terms of instruction are $ioo for the first year, and $60 for the second, payable gjther in advance or at the end of the ,j vear. I JUDGE GOULD S LAW SCHOOL P.UILDIXG This iKiilding- was built 1\v James Gould as his law office about ^795- When he associated with Jud^i^e Reeve in law school he used his office for his lectures. It stood in his yard on the West side of North street. It was abandoned at the close of the Law "School about 1835, and soon after the death of Judge Gould was sold and removed a mile \\>st of the village on the Bantam road and con- verted into a dwelling- house. For many years it was occupied b\- a colored family, and for five or six years has been unoccupied. It is now a ruin. The photo from which this picture was made was taken in 1898. CKOKCK C. \\'OOl)KUl'l' Compiler of this Catalogue, 1828. l.A\V SCHOOL 195 Tliis catalog-ue extends only as far back as 1798. Previous to that period, it is believed that the whole number exceeded four hundred ; no record, however, has been preserved. The names of the students are placed in the order in which thev entered, without any regard to the length of time they continued as members of the institution. The committee have endeavored to notice those who have distinguished themselves; but as this has been done irerely from recollection, they have no doubt passed by many, who have conferred honor upon their countrv and their profession. Litchfield, Jan. i, 1828. CATALOGUE. .\beel, George New York Adams, Charles Massachusetts Adams, Joseph T Massachusetts Adams. John Ivjassachusetts Adams, John T C,"onnecticut Aiken. Charles New Hampshire Albro, John A Massachusetts Alden. Cyrus j^lassachusetts Alden. Hiram O Xew Hampshire Allen, Alexander M Georgia Allen, Zimri R V ermont Allyn, J. T Maryland Alston, William W South Carolina Alston, William J South Carolina , Ames, Samuel Rhode Island — Ciiief Jus. R. L Andrews, William Massachusetts Andrews. William T. ..... .Massachusetts Anderson, Franklin Maryland Anderson. John Maryland Ashley. Chester New York — U. S. Senator. . . Aspinwall. Thomas L New York Atwater, Frederick New York Atwater, Russell New York Austin, Charles Massachusetts Austin, Ralsamon Connecticut Austin, Senaca X'ermont Averill, Elisha Connecticut Averill, William H. ....... .Connecticut Aver, Zaccheus Georgia 823 812 820 822 833 832 821 808 823 801 811 821 818 824 8-'4 812 812 813 8l^ 814 810 814 8LS 812 801 820 814 817 817 196 LITCHFIELD COUNTY BENCH AND BAR B Babbitt, Roswell New York Bacon, David Connecticut Bacon, WiUiam J New York Baker, Joshua Louisiana Baker, Walter New Hampshire Balconi, Everett Massachusetts Baklwin, Birdsey Connecticut Baklwin, Charles New York Baldwin, Charles Connecticut Baldwin, Ebenezer Connecticut P>aldwin, Henry Conn. — Judge Sup. Ct. U.S. M. C. Baldwin, Roger S Conn. — Governor. V. S. Senator. Baldwin, Samuel S CiMuiecticut Banks, William C Georgia Barclay, David, Jr A'irginia Barnes, Enos H A'irginia Barnes, Joseph ^Massachusetts — Judge Penn. . . . Barnes, Lauren .Connecticut . . . . Barnwell William South Camlina Bartram, Daniel S Connecticut Bates, Anson Connecticut Battle, Josiah l\ Connecticut Baxter, Eli H Georgia — Judge Circuit Ci~>urt. . Baxter, Horace Massachusetts Beach, Erasmus D 3klassachusetts Beebe, Levi S New York Beecher. Truman Connecticut Beers, David B Connecticut Beers, Frederick Connecticut Beers, Seth P Comi. — Com. of School Fund. . . Belden, Hezekiah Connecticut Beli, Hiarvey Vermont Bell, James Vermont Bellamy, Josei^h 11 Connecticut Bennett, ATilo L Conn. — L.L.D, Judge SupCt. Vt. Beverly, James District Columbia Beverly, William District Columbia Bigelow, Horatio Massachusetts Bigelow, Silas Massachusetts l»illing's, Nqyes Connecticut — Lieut. -Governctr . . Bingham, F. W New York l>issell, Edward Connecticut I>issell, John, Jr Connecticut Bisho]), Jonathan P rslaryland Ijixby, Alfred New Hampshire I,AW SCHOOL 197 Blackwcll, David . . .Kentucky Blake, Eli W Connecticut Blake, Francis A Massachusetts Bond, Nathaniel P Georgia Bond, William Maryland Bonestall, V'irgil D New "^i'ork Bonnel, Joseph Delaware Boardman, George S Connecticut Boardrnan, William W Connecticut — Member Congress. Bolles, Job S. T Oorgia '. Booth, James. Jr Delaware — Chief Justice Bosson, Charles Massachusetts Bostwick, Charles Connecticut Boyle, James Connecticut Brace, John P Connecticut Brace, Thomas K Connecticut Bradley, Ik-nj. H Connecticut Bradley, Edwin B Connecticut Brayton, George A E'hode Island Breckenridge, John Maryland Brimsmade, Daniel ]> Connecticut B>ronson, Frederick New York Broome, Jacob Delaware Brookes, Whitefield South Carolina Brown. Cliarles R Connecticut Brown, Franklin . .New York P')rown. George New York Brown, Nicholas, Jr Rhode Island Bruyn, Andrew D. W' New York — Member Congress. . Buffet. William P. . . New York ." Buchanan. William S. . . . . . .Pennsylvania Bulkley. Joseph Cdinecticut Ikillard, Royal Massachusetts lUill, Epaphras W Connecticut Bunker, Charles Massachusetts Bunnell, James F New York Burgess, W. Arnold Rhode Island Butler, Chester P Pennsylvania — Mem. of Cong. . . Butler, David I> New Jersey Burrall, William P Connecticut 813 817 817 819 811 8^0 815 819 816 822 810 811 798 833 812 802 818 827 825 821 80:5 824 809 814 813 827 814 811 811 813 824 810 810 826 822 827 821 818 825 828 c Calhoun. John C South Carolina — L. L. D., \'. P. Mem. of Cong.; Senator; Sec. of State and of War 1805 Camp, Ralph G Connecticut 1824 198 I.lTCirFlKLD COUXTV BKXCII AND HAR Canilirclling" Stephen North Carohna Campbell, Collin South Carolina Campbell, Geors^e L New York Campbell, John South Carolina Cantelou, Peter L Georgia Cantelou. William 15 Georgia Canfiekl, Ezra .Connecticut Canfield. Henry J .Connecticut Cardwell, John W South Carolina Carroll, Charles H New York — Meml^er Congress.. Carroll, W'illaiu . . , . .Indiana Castor, I)3er P'ennsylvania Catlin, George PVun. — Indian portrait painter. . Catlin, (leorg'e S Conn. — Member of Congress. . . . Catlin, Cirove Connecticut Chase, Harvey New Hampshire Chase, Aloses New Hhampshire Chase, Samuel New ^'ork Champion, Epai)hroditus . .Connecticut Champlin, Christopher Rhode Island Chambers, Joseph T'ennsylvania Chambers, Benjamin L Ivlaryland Chamberlin, Mellin Maine Chandler, Anson G Maine Chandler, John A Maine Chandler, Hannibal Virginia Channing, Henry W Connecticut Chaiiin, Moses ..Mass. — Judge N. Y. Courts Chapman, Charles Connecticut Chester, Henry New York Chester, Stephen M Connecticut Cheever, Samuel ^Massachusetts Child, .Vbiel Connecticut Childs, Timothy, Jr Massachusetts — Alem. Congress. Chittenden, Frederick Connecticut Church, Aaron .Connecticut Church, Leman Connecticut Chiu-ch, Sanmel Connecticut — Chief Justice Clark, .Archibald Georgia Clark, Gibson Georgia Clark, Henry L New York Clark, James . . Georgia Clark, Robert Georgia Clark, Peter New Jersey Clayton, John M Delaware — L.L.D, Chief Justice ; U. S. Senator; Sec. of State. . Cleveland, Stephen New York LAW SCHOOL 199 8-\S 828 818 809 827 805 804 826 813 818 817 799 810 821 817 813 804 802 817 Clifton, \\'illiam C Georgia Clinton, George W New York Cockburn, William New York Cogshall. [osiah H Massachusetts Coleman, John J Alabama Collier, John A Connecticut — JNI. C. New York. . Collins, Augustus Connecticut Collins, Josiah, Jr North Carolina Cook, James C Connecticut Cook, Oliver D., Jr Connecticut Cooke, Rog^er W Connecticut Cooley, James Alassachusetts Cole, John New York Cooper, Benjamin F New York Conkling, Thomas Maryland Condit, Jacob A New Jersey Converse, Porter . .\'ermont Cowles, Samuel Connecticut Cowles, Henry 15 New York Cowles, Sands G. . . . ._ Connecticut Crawford, James Vernijont Crawford, Joel Georgia — Member of Congress. . Crog-han, William Kentucky Crosb}-, Piatt H New ^'ork Cruger. H. N., Jr South Carolina Gumming", Edward H New Jersey Gumming", William Georgia Cunning"ham, Robert South Carolina Cuthbert, John A Georgia — Member of Congress. . Cuthbert, Alfred Georgia — United States Senator. Cutler. George Y Connecticut Cutting", Brockholst New York Cushman, Charles C A'ermont Cushnian, John P Conn. — ]\I. C. and Judge N. Y. . D Piart, John S Soutli Carolina 1821 Davidge, Francis H Maryland 1815 Davis, John A'irginia 181 1 Davis, Jan"ies Maryland 181 6 Davis, John H Delaware 1817 Davies, Henry Maryland 1809 Davies. Israel W Massachusetts 181 1 Davies, John P) X'irginia i8r ^ 826 832 8o(j 815 813 821 826 806 810 807 804 819 823 828 /^ 200 i.nxii i"ii;i.i) c■()^'.\•^^• i',i:\cii ami i;ar Dawson. Laurence Soutli Carolina 1822 ])aws(>n. William C. . . . . .Georg-ia — jiulge: I'. S. Si-nator. . 1817 Day. Kdijar ]\ Xew York 1826 Delamotter. Jacob Georgia 1821 DeMenon. Charles Charge d'Affairs of France. D. C.1808 Deniing. I'.nel 11 Connecticut 1825 Denny, Thomas Massachusetts ^825 Dever^ux. Geo. 1' North Carolina 1817 Deveraux, Thomas . .North Carolina 1813 Deveraux. Thomas P ..No. Carolina — Repv)rter Sup. Ct.1815 Deas, I ienry South Carolina 1818 Dexter, Christo])her C Rhode Island 1813 Doolittle, Amos 15 Connecticut 1806 Doan. Guy Connecticut 1814 Downes, \])])leton Massachusetts i8ri Downman. John 15 , . .Massachusetts 1813 Doyle, h'rancis Georgia 1822 Dubois. Cornelius, Jr New York 1830 Dunbar, 1 )aniel Connecticut 1798 Dunbar, M iles ( onnecticut 1809 Dwight, i Ienry W Massachusetts, Member Congress. i8og Dyer. 'J^homas Connecticut ^799 E Kastman, A. G New York 1833 Edwards, I Ienry I' Conn. — Judge Sup. Ct. N. Y. . . . 1828 Edwards, 1 Icm-y 1' New York 1830 Edwards, 1 knr\- W Lonn. — U. S. Sen. ; (lov. Conn. . 1798 Edwards, John vS Connecticut 1798 Edwards, ( )dgen Conn. — Judge Sup. Ct. N. Y. . . . i8or Eickelbergger. Louis Maryland 1810 Elgin, 1 le/.ekiah R Maryland 1815 Ellis, Grindall R New Llampshire 1809 Ellsworth, Henry L Connecticut t8i I Ellsworth, William W Conn. — Com. of Patents; M. C. ; Governor: Judge Sup. Court. .1811 L^llmaker, .Vmo.s Pennsylvania 1806 l{llmen(lorf. Ivlmond P New York 1826 Jtnnis, William Rhode Lsland 1820 Erwin, Isaac II Alabama 1828 Everest, Sherman Connecticut 1800 F Fairle, Frederick New York 1818 Felder, John M South Ca rolina — Mem. of Cong. 1805 Fine, John New York 1813 C.KdKCl'. .\l. W'ooDkl'FF Reprinted the Cataloi^ue, 1900 LAW SCHOOL _ 20I Fisher, Isaac, Ji' Manlaucl i8i i Fisher, Samuel Massachusetts 1810 Fitch, John .Connecticut 1803 Fleming-. Matthew South CaroHna 18 15 Floyd, Joseph R Maryland 1818 Follet, Timothy Viern-^ont 18 12 Folsom, Joshua New Hampshire 181 1 Foot, John A Connecticut 1824 Footman, William Maryland 181 S Ford, William H South Carolina 1826 Foster, George Massachusetts 1812 Foster, James Massachusetts 1812 Foster, Thomas F Massachusetts — M. C, Geo 1816 Fowler, James Massachusetts 1808 Fowler, John D Massachusetts 1813 Francis, John Ij Rhode Island 1813 Franklin,' Walter S IVnn.— Clerk H. R. U. S 1818 Frazier. Alexander G South Carolina 1810 Frisbie, Samuel Connecticut 1809 Fuller, Henry H Massachusetts 1812 Fuller, William W Massachusetts 1814 Fullerton, Alexander X \'ermon^t i82() Fullerton, Thomas S A'ermbnt 1822 Gantt. Samuel South Carolina 1817 Ganesvoort, Peter Xew York 1810 Gardner, Philip S Rhode Island 1826 Gihiis, David Alassachusetts 1808 Gihbs, Henry W Connecticut i8o8 Gibbs, W'illiam C Rhode Island — Governor 1810 Cnbson, William Georgia 1823 Glover, Samuel New York 1820 Gold, Thomas A Massachusetts 1808 Goodvvin, Edward Connecticut 1823 Goodwin, Hiram Connecticut 1829 Gould, George Conn. — Judge Sup. Court X. Y. . 1827 Gould James R Connecticut 1824 Gould, William T Conn. — Judg-e, Georgia 181 8 Graham, John L Xew York 1814 Grant. William South Carolina 1823 Grant, William A Georgia 1823 Graves, Thomas C Kentucky 1808 Gray, Thomas Connecticut 1817 Green, Caleb, Jr X^ew York 1830 Greene, Albert C Rhode Island — U. S. Senator. . .1812 \^-^ 202 ),lTcilI'li:i.l) C(»l'\'rv I'.KNCIl AND BAR Greene^ Benjamin D Massachusetts 1813 C.reen. Henry W Rhode Island — Justice Sup. Court and Chancellor New Jersey. .. 1823 Greene, Richard W Rhode Island 181 2 Greene, William Khode Island 18 17 Griffin, George Connecticut — L.L.D 1798 GriswoJd, Shuhal Connecticut 1809 Groorne, John C Maryland 1824 Gustin, A.l])heus North Carolina 1819 Gvvathmy. Isaac K Kentucky 1813 (ijuin, Frederick Connecticut 1812 H lladnall, W illiam !> Alaryland Hall, /Xmhrosc Massachusetts J iall, Gideon Conn. — Judge Sup. Court Hall, Horace Verntont Hall, Willis Xew York— Attorney Gen. X. Y. Halsted, ( )liver S New Jersey — Chancellor N. J. . . Halsted, Rohert W New Jersey Halsted, William, Jr New Jersey H^lsey, Hopkins (jcorgia — Mem. of Congress. . . . Hand, Augustus C \ ermont — Judge Sup. Ct. N. Y. Hamilton, Thomas South Carolina Harrison, Tipton B Virginia Harvey. Lerov Georgia Hasbrnok. AbVaham B New York— M. C. ; L.L.D. ; Pres- ident Rutgers' College. N.J... 1 lassell, Ik'ntlcy South Carolina 1 latch, Moses Connecticut ] lawkes, I'Vancis L North Carolina — Clerg\man : au- thor N. V I lawkes, llenjamin \) North Carolina Hawkins, Sanmel New York Hawley, Charles Conn. — Lt.-Gov. Conn Hayden, Moses Massachusetts Head, George E Massachusetts Hepburn, Joseph L Pennsylvania Hiccox, Ciu\ Connecticut Hill, Jose])h .\ North Carolina I nil, William R South Carolina J lillhouse. .Augustus L Connecticut Hine, Homer Connecticut ] lines, Richard Hinman, Royal R Conn. — Sec. State ; historian . . . i litchcock. Samuel Alabama 819 802 829 803 826 813 827 814 819 827 810 818 821 812 825 801 818 823 798 813 804 813 819 80^) 819 82 1 812 800 814 806 828 LAW SCHOOL 203 Holabird, William F Connecticut — Lt. Gov. Conn. . . . 181 5 Hodges, William F Connecticut 181 2 Holcomb, Chauncey P Connecticut 1824 Holley, John M., Jr. Conn.— Alem. of Cong". N. Y 1823 Holt, George B Conn. — Judge in Ohio 1812 Holt, Thaddeus G Georgia — Judge Sup. Court Ga. . 1816 Hooker, James Connecticut 1810 Hopkins, Abiather New Hampshire 1808 Hotchkiss. Minor Connecticut 181 3 Houston, Patrick Georgia 1798 Houghton, Josiah Maine 18 17 Howard, IJenjamin Chas. . . .Maryland 1812 Howard, John H Georgia 1813 Howe, Samuel IMassachusetts — Judge 1805 Hoyt, Henry S New York 1829 Hubbard. Elijah Connecticut 1798 Hul)bard, Elizur \^ermont 1799 Hubbel, James X'ermont 1802 Hudson, Jonathan T Connecticut 1826 Hull, Hezekiah li Connecticut 1813 Hunt, Hiram P New York — MeuL of Congress. 1817 Hunt, Jonathan Connecticut 1808 Hunt, Ward E New York — Chief Justice of N. Y. Judge U. S. Sup. Court. . . . 1830 Huntington, Jabez W Conn. — 'M. C. ; U. S. S. ; Judge Supreme CViurt 1808 Humphrey, Joseph Connecticut 1812 Hurlbut, William Connecticut 18 15 Huftington, William Delaware 1823 Hyde, John J Connecticut 1829 I IngersoU, Charles At New Hampshire 18 12 Ingham, Alpheus I'ennsylvania 1825 Ives, Moses B Rhode Island 1812 Ives, Henry C New York 1831 J Jacobs, Cyrus Pennsylvania 1823 Jacobs, George A^' Pennsylvania 1819 Jacobs, William C Pennsylvania 1820 Jackson, Ebenezer, Jr Georgia — ^Member of Congress. .1814 Jackson, John P New Jersey 1824 Jackson, Joseph Georgia 1817 Jackson, (31iver P New York 1823 204 Ln'CIlFlKl.I) COUNTY r-EXCH AND T!AR Jackson, Thomas L Cicorgia Janvier. Thomas. Jr Delaware James. Edward ]\[ New York Jarvis, Russell Massachusetts . . , Jenkins, Charles M New York Jessup, Ebenezer Connecticut .... Jewell, Ezra Connecticut Johns, Kensev, Jr Delaware — ]^I. C. Chancellor. Johnson. Charles F Connecticut Johnson. Edwards Connecticut Johnson. James Georc^ia Johnson. William S Connecticut Johnston. James T Cjcorgia Jones, Henry Calcutta, East Indies. Jones, Joel Pennsylvania — L.L.D. Jones, John O Xew York Jones, Robert Jones, Rice Louisiana Tudson, Xoah Massachusetts 828 805 813 831 825 809, 812 824 826 816 816 816 810 819 817 813 807 799 K Kaleb, \\'illiam ]\I Maryland Kaleb, J. A. Mc Maryland Kelloi^g^, Edward Massachusetts Kelso, Charles W. Pennsylvania Kerr. Joseph C Xorth Carolina Key, Phillip Maryland Kilbourn, Austin Connecticut King, Edward . . . New York King, George G Rhode Island King, James G New York — IVIem. of Congress. . Kingsbury, Sanford New Hampshire Kinnecutt, Thomas Massachusetts — Lieut-Gov Kirby, Reynold AI Connecticut Kirkland. Chas. P New York Knight, Frederick Massachusetts 827 829 823 828 817 829 821 813 826 810 801 823 809 818 812 Lake, Joseph ( )hio 1820 Lamar, Lucius O. C Georgia — Judge Sup. Court 18 17 Langdon. P)eniamin V X'ermont 1821 Langsing, Leviness S New Y'ork 1830 Lathrop, Cyrus H Massachusetts 1810 Latham, Allen Massachusetts 1814 Lashell, John '. Pennsvlvania 1810 LAW SCHOOL 205 Lawrence, Aug-ustus A New A^ork 1813 Lawrence, Phillip K New A^ork 1814 Lawrence, William B New York — Charg-e d'affaires, London 1819 Leavenworth, Elias W IMass.— L.L.D. ; AL C. ; Sec. of State N. Y 1825 Leavenworth, Nathan New A'ork . ". 181 3 Leavenworth, William F. . . .Connecticut 1822 Leavitt, Harvey F New Hampshire 1816 Ledyard. Henry N ew York 1830 Leonard, Cornelius New York t8io Lewis, John L Louisiana i8-5 Lewis, Robert H Virginia 1821 Lewis, William Louisiana 1817 Livingston, Carroll New York 1827 Livingston. Henry W New York 1820 Livingston, James K New York 1818 Livingston. John R New York 1823 Livingston, Robert New A'ork 1829 Living-ston, Walter New A'ork 1820 Lloyd, Joseph R North Carolina 1818 Lockwood, Ephraim Connecticut 1798 Loring, Charles G IMassachusetts 181 3 Loring- Edward G Massachusetts 1822 Lord, Daniel, Jr New A^ork — L-L.D 1814 Longstreet, Augustus B Georgia — L.L.D. ; Judge Sup. Ct. ; College President 181 3 Lott, Adrain New A'ork 1831 Low. Cornelius New York 1812 Lowndes, Benjamin Virginia 1825 Ludlow, Alfred New A^ork 1822 Lundy, Etheldred \'irginia 1818 Lyman. Darius Connecticut 181 1 Lyman, Samuel F Massachusetts 1819 Lyman, Theodore Massachusetts 181 1 M Marl>erry. John Alaryland 181 3 Mack, Elisha Massachusetts 1805 Magruder, Enoch Pennsylvania 1816 Mackie, Peter New York 1813 Mallory, Garrick Penn. — L.L.D. ; Judge Penn. . . . 1810 Mann, George Rhode Island 1826 Mann, Horace Mass. — ]\L of C. ; educator 1822 Mansfield, Edward D New York 1823 Marklev, Beni. A South Carolina 1806 2o6 i.iTciiriKi.n county hkkch Axn bar Marvin, Ebenezcr Vermont 1799 Marsli, diaries, |r N'ermont 1813 Martin. Joseph F Rhode Ishind 1818 Martin, William D South Carolina — M. C 1810 Mason, John ^^ X'irginia — 'SI. C. ; Judge; Sec. of Xavy ; Mason and Slidell affair. 1817 Mason, William J Virginia 1821 Mayson. Charles C South Carolina 18:4 Mather. Xathaniel Connecticut 181 1 ]\iax\vell. Robert Maryland 1817 .Maxey. \irgil Rhode Island— Chg. d'affairs Bel- gium 1805 Mayer, Abraham i'ennsylvania 1817 Mayer, John 1*. I'ennsylvania 1823 Mayo, Harman 15 New York 1821 McCawley, Robert Virginia 1819 McClean. James G ^Maryland 1822 McElhenny, James South Carolina 1822 McFarland, William H ^'irginia 1818 Alerwin, Elijah 1') \ ermont 180 1 Metcalf, Theron Aiassachusetts 1806 Middleton, Henry A South Carolina 1815 ]\Iiddleton. Henr\" South Carolina 1817 Mills, Roger Connecticut 1798 Mills. ^Michael F Connecticut 1801 Alillar. liowyar Virginia — ( Hoyer F. ^Tiller?) . . 1817 ]\liller. Charles Connecticut 1818 ]\liller. Joseph Connecticut 1801 Miller. Morris Georgia 1798 Miller. Rutger 15 Xew York 1824 ^Miller. Solomon v^ Vermont i8ri ^Minturn. Tliomas I\ Xew ^'ork 1826 Mitchell. Charles Coiuiecticut 1804 Mitchell. Henry A Connecticut 1826 Mitchell. Louis C Connecticut 1807 Mitchell, Louis Connecticut 1813 Mitchell. Stephen M Connecticut 1800 MoHit. Thomas Georgia 1816 ]\Iorris. Henry Xew York 1826 Moore, Robert Georgia 1822 Morrison, James New Hampshire 1809 Morse, Sidney E Mass. — Founder X. Y. Observer. 1814 Morson, Arthur A Virginia 1823 Moseley, Charles Connecticut 1806 Mumford, William W Xew York i<8i5 Munger. Warren Connecticut i8ri , '/ / ■^ J^^ ^ hii'j Purchased the Judge Reeve Homestead LAW SCHOOL 207 N Nash, Lonson Massachusetts 1803 Neill, George P Pennsylvania 1829 Nesbit, Eiigenius A Georgia — M. C. ; Judge Sup. Ct. 1823 Nichols, Joseph H New York 1827 Nichol, Edward New York 1813 Nicoll, John C Georgia — Judge ; U. S. District Judge 18:4 Nixon, Henry G South Carolina 1820 Nelson, Armstead Maryland 1814 Newcomb, Isaac M New York 1828 Norton, Marcus Mass. — Judge; Gov. Mass 1806 Norton, James C New York 1819 North, Theodore Connecticut 1808 Nutall, William B North Carolina 1823 o Oakley, Jesse New York 1814 Ogden, Matthias B New Jersey 1813 Olcut, Theophilus New Hampshire 1801 Oliver. Henry Maryland 1821 Oliver, Samuel W Georgia 1820 Olmstead, Charles C Connecticut 1810 Ormsbee, Edgar S X^ermont 1824 Orne, Henry Massachusetts 181 1 Overton, Thomas K Pennsylvania 1813 O'Hara, Arthur H North Carolina 1814 Page, Benjamin Rhode Island 1805 Page, Henry Rhode Island 1816 Painter, Alexis Connecticut 1817 Parker, Amasa Connecticut 1809 Parker, Aurelius D Massachussetts 1826 Parker, Charles T Massachusetts 1828 Parker, William M 1820 Parrott, Abner B Georgia 1821 Parson, Anson \' Mass. — Judge Sup. Court Penn. . 1825 Pasteur, Edward G North Carolina 1823 latterson, Chris. S I'ennsylvania 1821 Patton, Robert 1814 Payne, Elijah. Jr Vermont 1815 Peck, William \" Cennecticut — Judge. Ohio 1824 Pell, Duncan C New York 1826 Penney, Samuel New York 1828 2o8 l.lTCJJl'JKLl) COL-\TV i'.l'NCll AM) IIAR Perkins. Cliarlcs Cdnnecticut I'crkins. Tliomas S Connecticut ]'ettibone. Sereno Connecticut ] *etet. Joel T Connecticut I'etet, William W ( Hiio Phelps, Charles P> Xew Hampshire Phelps, Edward A Connecticut l^'helps. Elisha Conn. — Alcm. of Congress 1 'helps, Jedediali Massachusetts Phelps. Samuel S Conn.— U. S. S. : Jud.g-e S. C. At. Pickett. Reuben North Carolina Pickett, W'illiam J) > orth Carolina — Jud,ge Sup. Ct. Alabama Pierce. James Connecticut Pierce, Levi ^Maryland 1 'ierce, William L Georgia Pierpont, John Connecticut — Rev. ; poet Pierpont. John Conn. — Chief Justice A'ermont. . Pierson, George Xew York Pillsbury, William ]\iassachusetts Pitcher, John New York — Lieut. -Gov Pitcher, Phillip New York Pitt, John R Georgia Player, Thompson '1' South Carolina Poe, Washington Georgia — Member of Congress. . Polk, Thomas G North Carolina Porter, George P) Penn. — Gov. of Michigan Porter, Timothy H New Plampshire — M. Congress. . Porteus, John South Carolina Post, Albert P Potter, Ansel Connecticut Potter, Asa Rlmdc Island Prentice, Henry E Preston, Isaac T \ irginia — judge S. C. Louisiana. Price, Benjamin Maryland Pumpelly, George J New York Putnam, Austin N ew York Putnam, Charles Massachusetts R Rankin, Robert G New York 1827 Raymond, Daniel Connecticut 1810 Raymond, David H Connecticut 1810 Raymond, James Connecticut 1820 Raynor. lienj. L Connecticut 1824 Read, John, Jr Delaware 1824 813 812 802 800 815 806 828 801 810 811 825 826 798 8lS 809 809 825 830 8l^ 8lS 828 816 826 823 811 812 807 800 832 805 826 832 8t2 820 826 828 814 LAW SCHOOL 209 Read, John D Delaware Read, William T Delaware Reed. George Delaware Reed. John H South Carolina Reeve, Aaron B Connecticut Reynolds, Walter New York Richards, George H Connecticut Richards. Henry S New York Richards. Robert K New York Rideley, (ireensburg- Kentucky Ridg'ate. Benjamin Maryland Ridout. Addison Maryland Robhins, Samuel H Connecticut Robbins, Silas Conn. — Judge. Kentucky Rogers, Archibald G New York Rogers. Artemas Connecticut Rogers. Charles W Georgia Rogers, Edward Delaware Rogers, Henry A Rhode Island Rogers, Henry B Massachusetts Rogers, Henry W Connecticut Rogers, Henry Pennsylvania Rogers, John Delaware Rogers, Moulton C Delaware — Judge, Pennsylvania. Rogers. William M Georgia Ross. Thomas Pennsylvania Ruggles. Heman Connecticut Ruggles. Henry J New York Rutledge. Benj. H South Carolina Rutherford, John Georgia Rutherford, Robert Georgia 823 812 808 809 802 822 800 826 829 816 814 813 817 8o3 823 811 829 810 821 823 810 823 813 807 829 827 803 832 817 829 806 Samuel, Beverly South Carolina 1819 Samson, John P. C New York 1817 Sankey, Joseph S Georgia 1826 Sanford, Rollin Connecticut 1831 Sargent, William F. W Mississippi 1817 Saunders. Curtis H Tennessee 1833 Schley, John T Maryland 1828 Scheli, Augustus New York 1831 Schuyler, Robert New York 1818 Scott', John Ray New York 1807 Scott. Jessup W Connecticut 1822 Scudder. Phillip J New Jersey 1813 Sedgwick, Harry Massachusetts 1807 2IO LITCHFIELD COUXTV BENCH AND BAR Sedgwick, Philo C Connecticut 1831 Selden, Ulvsses Connecticut 1802 Sewall, William H Maryland 1816 Seymour. Henry Conn. — M. of C. ; Gov. of Conn. . 1829 Seymour, Horatio Conn. — L.L-D ; U. S. Senator Vt. 1798 Seymour, Isaac G Georgia 1825 Seymour, Origen S Conn. — AI. of C. Judge and Chief Justice 1824 Seymour, Osias \'ermorit 1821 Shaffer, Joseph L, Georgia 1825 Shaumburgh, Charles W. . .Louisiana 1827 Shaw, Henry New York — ]ylenL of Congress. . 1810 Sheldon, Daniel Connecticut 1798 Sheldcn, William Connecticut 1822 Sheldon, Isaac Connecticut 1810 Shelton, Stephen Connecticut 1809 Shepard. Samuel I799 Sherman, Elkanah C Xew York 1825 Shcrrell, Joseph Massachusetts 1815 Sill, Theodore Connecticut 1798 Simkins, Eklred South Carolina — M. C. ; Lt.-Gov. S. C 1803 Sims. John G Pennsylvania 1812 Simons, Moses South Carolina 1810 Simmons, Edward P South Carolina 1815 Skinner, John B Connecticut 1820 Skinner, Oliver Connecticut 1800 Skinner, Richard Conn. — Chief jus. and Gov Xt.. . 1798 Skinner. Roger S Connecticut 181 5 vSloan, Douglass \\' Massachusetts 1804 Slosson, Barazilli New York 1830 Smith, Archibald New York 1814 Smith, Charles Massachusetts 1810 Smith, Henry 1! Massachusetts 1809 Smith James H North Carolina 1818 Smith, Joseph L Conn. — judge Florida ; U. S. ... 1800 vSmith. Junius Conn. — LX.D ; ist ocean steam- ship, Tea grower 1802 Smith, Ira Connecticut 1809 Smith, Lemuel Massachusetts 1817 Smith, Levi P Pennsylvania 1825 Smith, Nathaniel B Connecticut 1817 Smith, Perry Conn. — U. S. Senator 1807 Smith, Truman Conn. — M. of C. ; U. S. Senator. 1817 Smallwood, William A District Columbia 1824 Spaulding, Richard B Georgia 1809 Sparks, William H Georgia 1820 ORIGEN S. SEIVMOUR LAW SCHOOL 211 d^22 813 827 818 829 813 H27 801 823 811 803 809 814 822 821 817 817 ^22 823 813 806 81T 823 823 806 810 80 r 830 8-22 809 812 822 825 8ir 801 817 Spaight, Cliarles (i Georgia Spires, ]]racney T North Carolina Sprague, Peleg .Massachusetts — L'. S. Senator. . Speed, Robert H \'irg-inia Spencer, Alexander ( ) New York Spencer, Oliver j\I Ohio Spooner, William Massachusetts Stagg-, Peter New York Stansburv, G. A New York Stanley, Henry New York Stark. Caleb, jr V'erinont Stark. \\'yatt South Carolina Starr, Ephraim. Jr Connecticut Starr. Henry Connecticut Steele. William F Aiaryland Sterrett, John [ ennsylvania Sterrett. William 1' Georgia Stewart. Charles S New York Stiles, Jose])h C Georgia Stiles, Kicb.ard Georgia Stone, Gregory D New Hampshire Stoddart, John T Maryland Storrs, Juba Connecticut Stevens. Henry \\' Connecticut Stevens. John L New York Stevens, Thomas Georgia Strobel, Martin South Carolina Strong, Elisha l\ Conneticut Strong, ]\Iartin Connecticut Strong, Moses M Vermont Strong, Theron Connecticut Stuart, Francis South Carolina Stuart, Josephus B Massachusetts Sullivan, James Massachusetts Sutherland, Josiah, Ji' New York — Af. C. ; Judge Sp.Ct. Sweezy, Thomas Massachusetts Swift, Benjamin \''iermont — I'. S. Senator Swift. William A'ermont Tabor. William J Connecticut 18 13 Tallifero. William F. . ". \'irginia 1813 Tallmadge. Frederick A Conn. — M. C. from X. Y 181 1 Tatnall, Edward F C^eorgia — Member of Congress. . 1810 Taylor, Edwin M Massachusetts 1832 212 LITCHFIELD COUNTY liEN CH AXD 1!AR Taylor. Hubbard Kentuck\- 1810 Taylor, James S X'irginia 1818 Taylor, John Gilman Massachusetts 1803 Taylor, William South Carolina 1828 Teakle. James D Maryland 1817 Tellfair. Josiah Georgia 1804 Tell fair. Thomas Gcors^ia 1806 Tenney. William Xew Hamjjshirc — M. of C 1809 Terry, Alfred Connecticut 1823 Thayer. James Massachusetts 1815 Thvveat. Uriah Georgia 1802 Thomas. Alexander Georgia 1810 Thomas. Charles. Jr Delaware 1812 Thompson. Henry Massachusetts 1814 Thorndike, Larkin Massachusetts 1809 Todd, Charles Kentucky 1810 Tolman. Thomas Kentucky 1813 Torrey, Charles ilassachusetts 1814 Tracy, George H New York 1830 Treat, Selah B Connecticut 1825 Trescott. Henry South Carolina 1815 Trotter, James G Kentucky i8o(j Troup, Robert R Xew York 1809 Tucker, George J 1824 Tuthill, Cornelius Xew York 1815 Twining, Thomas. Jr ^Massachusetts 1814 Tyler, X'^athan Connecticut 1825 V Vandusen, \\'illiam Connecticut 1803 Vanderheyden, Sanniel New York 1820 \'andyke, Kensey J Xew Jersey 1818 \'anmeter, John J Virginia 1821 \'an Wagcner, (krritt (;. . . Xew York 1823 \'er])lank. James D New York 1827 w \\^ager. John \ irginia 1823 W'akeman, Jonathan Connecticut 1807 Waldo, William P. Xew York 1828 \\'alburg, George ]\I Georgia 181 5 Walker. Charles Massachusetts 1822 Walker, (^icorge J. S Georgia 1826 Wallace, James W Pennsylvania 1829 Waring, Nathaniel F New York 1827 LAW SCHOOL 213 Ward, Isaac New Jersey 1813 Ward, Richard R New York' 1817 Ward, Solomon Massachusetts 1802 Warner, EH Connecticut 1808 Warner, Thomas Massachusetts 1809 W^aterhouse, Andrew O Massachusetts 181 1 Watson, John B Connecticut 181 5 Watson, Samuel Massachusetts 1826 Watson, William Connecticut 1831 Webber, Sumner A Massachusetts 1823 Weeks, Alfred A New York 1823 Wells, Ralph Connecticut 1812 Welles, Thomas L New York 1823 Weems, James J District Columbia 1820 A\'etmore, William Connecticut 1815 Wheeler, Justice F Massachusetts 1804 White, John P Connecticut 1799 White, Thomas Georgia 1816 White, William New Hampshire 1818 Whitino-, John C Massachusetts 1823 Whitman, John 1808 Whitman, Lemuel Connecticut — Mem. of Congress. 1805 Whittlesey, Elisha D Connecticut — ^lem. of Cono-ress. 1813 Whittlesey, Frederick Conn. — M. of Congress; Judge Sup. Court N. Y 1819 Whittlesey, Thomas T Connecticut — Mem. of Congress. 1818 Wight, John L Virginia . 1824 Williams, David Louisiana 1816 Williams, Henry F' Louisiana 1818 Williams, Jared W 1-820. Williams, Lemuel Massachusetts 180O Williams, Thomas S Connecticut 1/97 Williams, William G ]\lassachusetts 1799 Wilkins, Edniond North Carolina 1817 Wilkins, John L North Carolina 1820 Wilson, Andrew P Pennsylvania 1825 Winslow, Edward D North Carolina 183 1 Winship, John C. M ?kfassachusetts 1810 Wittich, Lucius L Georgia 1824 Wolcott, Oliver S Connecticut 1818 Wood, James 1798 Woodbridg-e, William Ohio — U. S. Senator 1802 Woodbury, Levi New Hampshire — Gov. of N. H. ; Sec. of Navv and Treas. ; Judge of U. S. Sup. Court. .. .' 1809 Woolridge, Thomas South Carolina 181 5 214 I.lTclll'lKU) COLXTV BKXCH AXD BAR Woodruff, Oeort^e C Lonnecticut — Alem. of Congress. 1825 Woodruff, Lewis B Conn. — LX.D. ; Judge Sup. Ct. Ct. of Appeal N. Y. and Judge of Circuit Ct. X. Y., Conn, and Vermont ^830 Worthington, Perry Maryland 1831 A\'riglit, Augustus R Georgia — Judge v^u]). Court. . . . 1833 Yates, Metcalf Xew York 1821 Yates, William ?\e\v York 1824 Young", Charles C New York 1827 Young, Ebenezer Connecticut — Mem. of Congress. 1809 Number on Catalogue 805 Students previous to 171)8 210 Whole number 1015 Siograpljica BIOGRAPHICAL NOTES OF LITCHFIELD COUNTY BENCH, BAR AND COUNTY OFFICERS BIOGRAPHICAL NOTES In the following sketches the compiler has endeavored to give in most cases only a very brief account of the legal history of the person with no attempt at genealogy, or comments upon tlie life or character. The information has been drawn from a great variety of sources and is believed to be in the main correct. It is. however, merel}- an index of the names of those who have contributed their lives and energies to make our jNIountain County deserve its high and noble record of the past and to incite our present and future attorneys to uphold and maintain the lofty standard that their sires have bequeathed them. "QJlje lines af great men all remintJ ua ulljat uie can make out liites anblime An^ &i|inij leaue heljinb us iFootprinta on tlje aanbs nf time." BIOGRAPHICAL NOTES 21/ Elisjia S. Abekxetiiv. was a son of General Russell Abcr- nethy, of Torrington, born October 24. 1805. He entered Yale College when sixteen years old and igraduated in 1825. Admitted to the bar and practiced in Waterbury, removed to Torrington and afterwards to Bridgeport, where he was the Clerk of the Superior Court of Fairfield County from 1859 to the time of his death in 1869. Andrew Adams, LL.D., was born in Stratford in i7j>6 and graduated at Yale College in 1760, settled in Litchfield. He rose to the rank of Colonel in the Revolutionary War, was a member of the Council of Safety two years, of the State Council for nine years, a member of the Continental Congress three years and Speaker of the House of Representatives in 1779 and 1780. He was an associate Judge of the Superior Court for four years and the Chief Justice from 1793 to the time of his decease, November 27, 1797. The Litchfield Monitor mentions it as a sad and singular coin- cidence that Governor Wolcott and Chief Justice Adams (the two highest official dignitaries of the State), both residing in the same village and on the same street should be lying apparently at the point of death at the same time. Governor Wolcott survived his distinguished neighbor only three days. Upon a rapidly crumbling marble slab in the West burying ground in Litchfield, is the following epitaph of this eminent man: " In memory of the Hon. Andrew Adams, Esq., Chief Judge of the Superior Court, who died November 27, 1797, in the 63d year of his age. Having filled many distinguished offices with great ability and dignity, he was promoted to the highest judicial office ui the State, which he held for several years, in which his eminent talents shone with uncommon lustre, and were exerted to the great advantage of the public and the honor of the High Court in which he presided. He made an early profession of religion, and zealously sought to promote its true Interests. He lived a Life and died the Death of a Christian. His filial Piety and paternal tender- ness are held in sweet Remembrance." Elijah Adams, was a son of Chief Justice Adams. He studied law with Judge Reeve and was admitted to this bar in 1795, practiced his profession a few years in Litchfield and then moved to Geneva, New York. Samuel Adams, was a native of Milford. Conn., but in early life went to Stratford, where he married ^Nlary Faircliild. He became a prominent lawyer and a Judge of the Fairfield County Court. A few years before his death, which occurred November 12, 1788, in his 85th year, he removed to Litchfield and assisted his son, the Hon. Andrew Adams, in his extensive practice. His 2l8 LlTCIlFlKLD COl-N'TV r,i:xCII AND liAR widow (lied August 29. 1803. in the loOth year of her age. having lived in three centuries. John O. Adams, born in Cornwall, November 2, 1837. Was admitted to this bar in 1864, and located at West Cornwall, where he i)racticed until April, 1872. when he removed to Xegaunee. Michigan, where he made a fortune by his practice and successful r.iining investments. He has held many and important political and executive positions and is widely known. John' Ada:ms. was born in Canaan June 22, 1785. He wa.!> admitted to this bar in 1825. He carried on a very large business in the iron industry at Woodville, in the town of \\'ashington, and was interested in other iron works. It does not appear that he ever practiced law. He removed to Litchfield and from thence to Falls Village in the town of Canaan, where he died about 1871. J. Henry Ada:m, only son of John Adams, was born at Wood- ville, town of Washington, December 29. 1822, graduated at Yale College 1842. and was admitted to this bar in 1844. Soon after he removed to Xcw York City and began the practice of his profes- sion, which he relinquished and became interested in the lighting of the city ; was president of the gas company and acquired much wealth. JoiTN" F. Addis, is a native of Xcw Mil ford, Connecticut. Studied law witb his uncle John S. Turrill. Esq.. and was admitted to this bar in 1882. Resides and practices in his native town, and is Judge of Probate for the district of X^ew Milford. Ed:\[OXd Aikkx, was admitted to this bar in 1790 from Xor- lolk, Connecticut. He practiced in that town and was also engaged in keeping a country store. He died in 1807. John Aikkx was admitted to the bar in 1800 from Sharon. John A. Albro was admitted to this bar in 182 1. He abandoned this profession and became a clergyman. John Allen. — A long biography of this eminent attorney will be found in Boardman's sketches, page 45 of this book. On a sim])le headstone in the East Cemetery in Litchfield ap- pears the following epitaph : To the memory of Joiiv AllEN, Eso. ]\[any years during a life of eminent usefulness, hig'hly distinguished for his integrity and patriotism as a member of the Council and Supreme Court of Errors of Connecticut, and no less distinguished during a period interesting and critical to his country as a mem- ber of the Congress of the United States. Irorn June 12, 1763. Died July 31, 1812. Aged, 49 years. lilOr.RAlMIICAI, NOTKS 219 Henry J. Ai.lkx. Sheriff 1884-1895. He was born in Man- chester, Connecticut. May 26, 1831. He came to Litchfield County in 1859, and engaged in tlie hotel business in the then village of " Wolcottville " as the proprietor of the well known " Allen House," which he kept until 1880. During much of this time he was em- ployed as an agent or trustee in the management and settlement of large estates, and was very successful therein. He was also a constable and especially noted from his skill in collecting doubt- ful claims. He enjoyed political life and was a shrewd worker. In 1884 his party elected him Sheriff, which office he held until 1895, when he was defeated. He had the unpleasant duty of carrying into effect the first and only execution of the death |)enalty of the century. His great executive ability was fully felt throughout the County. After his retirement he was active in the interests of the New York Mutual Life Insurance Compan\-, of which he had been an agent for many }ears, and also in the management of various trust estates. He died October 9, 1899, and his funeral at Torrington on October ii Vv'as remarkable for the attendance of many prominent citizens of the State. See picture, page 164. CtiARLKS IL Andrews, LL.D., was born in Sunderland. Massa- chusetts, in 1834. Graduated at Amherst College in 1858. Ad- mitted to the bar of Fairfield County in 1861, and began his j)ractice in the town of Kent. In 1863 he removed to Litchfield and formed a partnershi]-) witli Hon. John H. Hubbard, then a member of Congress. He was elected Senator from the Fifteenth District in 1868 and 1869, and was chairman of the Judiciary committee in 1869. a member of the House of Representatives in 1878. and again chairman of the Judiciary Committee. Was elected Governor of the State of Con- necticut in 1879, which office he held two years. Became a Judge of the Superior Court in 1882 and Chief Justice of the Supreme Court in 1889, which office he resigned October i, 1901. He was unanimously elected by the electors of Litchfield member of the Constitutional Convention of 1902, of which body he was the presid- ing officer. He died suddenly at Litchfield September 12, 1902. His legal obituary is in the seventy-fifth volume of Connecticut Reports, from which we quote the tribute paid to him by his successor. Chief Justice Torrance : " This Court is fully sensible of the distinguished services rendered to this State by Chief Justice Andrews, and expresses its obligation to the Attorney General for the appropriate manner in which he has called the attention of the bench and bar to them on this occasion. 22() LITCITinEl.D COU^■T^• lU'XCK AND BAR CTIARLKS I!. AXDKKWS. " The Practice Act was enacted with tlie warm approval of Governor Andrews in 1879. Three years later, it became his duty, as a judge of the Superior Court, to aid in its administration, — a work which he continued on the bench of that and of this court for nearly twenty years. But the re'g'ulation of leg'al ]:)ractice, however important, is but a small part of judicial labor. Chief Justice Andrews was an earnest student of law as a science, — of its fundamental principles, and philosophical development. Only such an one could have written such an opinion, for instance, as that from his pen. in the case of Wildman vs. Wildman, 70 Conn., 700, in which he analyzes with so much clearness and precision the nature of a cause of action. " He was the seventeenth in the line of Chief Justices who presided in this court during- the first hundred and seventeen years of its history, and of this number, only Judges Hosmer, Williams and Park held the office for as long- a period. " In a review of a history of the courts of Connecticut, on a public occasion, he once said this, ' In every g-overnment of laws, the courts hold the most important place. The legislature may be nominally higher than the judiciary, but in the actual experience lUOCKAl'IIICAL NOTliS 221 of life, the courts touch the citizen more frequently and more nearly than the lawmaking- power.' '' Actings under his conviction, he was deeply impressed by the responsibility which attaches to a judicial station. It was his ambition to discharo-e it with fidelity, and none of his associates on the bench failed to remark the earnestness of his convictions and the force and perspicuity with which he was able to set them forth. ( )n the pages of our reports they have become interwoven v/ith the jurisprudence of the State and of all the States." CiiARi.KS W. AxDRT^ws, ouly SOU aud child of Judge Charles B. Andrews, was born in Litchfield November 21, 1874. Was ad- mitted to the bar in 1902. He located in Hartford. Edward WarrEx Andrews, i)orn at \\'indham, Connecticut, ]ulv, 1811, a son of Rev. William Andrews. \\'as at Union College but did not graduate, studied law and was admitted to this bar in 1834. He was for a time partner of the Hon. Truman Smith at Litchfield. He gave up the practice of law, studied theology and was settled in 1837 over the Cong-regational Chruch at West Hartford. About 1841 he went to New York to be pastor of the firoadway Tabernacle Church. After some years he went to Troy as the pastor of a Presbyterian church. He gave up preaching and established a school at Cornwall, Connecticut. He was sent to the Legislature in 185 1. He then gave up teaching and resumed the ])ractice of law in New York City. In the war of 1861 he was a captain and was made assistant adjutant general under General iviorris at Fort AIcHenry, Baltimore. After the war he practiced law for a short time in West \'irginia. He then returned to New York but soon left his profession. He died September, 1895, at Chicago, Illinois. Sa]\iuijl jA]\[]iS Andrews, son of Rev. William Andrews,' born at Danbury, Connecticut, July, 1817. Graduated at Williams College in 1839. Studied law in Hartford and Boston and was admitted to this bar in 1842, was also- admitted in New York City and removed to Ohio and was re-admitted there. In 1844 he left the law and studied theology, and was settled as pastor of the Con- gregational Church at East Windsor, Connecticut, 1848. Dismissed 1855. He became an author and student for some years, and in 1868 took chargje of the " Catholic Apostolic " congregation in Hartford. He died in Hartford October, 1906. James P. Andrews the present reporter of the Supreme Court of Errors, is one of his sons. CuRTiss B. Atwooi) was born in Bethlehem in 1845. Was educated at Stamford Academy, New York, and at Brandon Sem- inary, Vermont. Studied law with Webster and O'Neil in Water- 222 IJTCIIFIKI.D COUNTY BENCH AND V,.\R biirv, and was admitted to tlic bar at New Maven in 1879. Now resides at Watertown but is not in active i»ractice. Represented bis town in tbe Legislature of 1905. Rai.saaiox C. Austin, was a son of tbe Hon. Aaron Austin, born in New Hartford, graduated from Yale College in t8oi, and was admitted to tbis bar in 1808. He practiced a sbort time at Litcbfield and tlien located in IVekskill, New York. He died at Wasbingttin, 1). C, September K), 1840. Roc-ER A\HKiij<, born at Salisbury, August 4, 1809. Graduated at Union College, 1832. Admitted to tbis bar in 1834 and practiced at Salisbury until 1849, wben be removed to Danbury, wbere he bad a successful practice and held many important otTices and was Lieutenant Governor of tbe State during tbe four years of tbe Civil v/ar. He was one of the organizers of the American Bar Asso- ciation. He died in Danbury, December 9, 1883. (Obituary in 50th Conn. Report.) See Warner's Reminiscences. RUvSSivLL W. Ayres, of Waterbury, admitted 1869. He gradu- ated at Yale, 1868, and afterwards at Harvard Law School. He was the founder of the shore resort at \\'ooflmont, Connecticut. He died December 14, 1873. Asa Bacox, a native of Canterliury, Connecticut. l)orn February 8, 1771, graduated at Yale College in i7tJ3, and was admitted to this bar in 1795. After practicing in various places he removed to Litchfield in 1806, where for many years he held a leading" position £it the bar. He died in New Haven in 1857. ( See Boardman and Sedgwick's sketches.) His jncture appears in the Bacon group, page 62. Epai'uroditjs Chamimox Bacon, a son of Asa Bacon, born in Lichfield in 1810. Graduated at Yale College in 1833, and was admitted to this bar in 1840. Lie died at Seville in Spain, January ii, 1845. Picture on page 62. Ghnkraf, Francis Bacon was another son of .\sa liacon, born in Litcbfield January 6, i8t(). and graduated at Yale College in 1838. Was admitted to this bar in 1840; be was a young man of great promise, holding a high rank as a lawyer, and took great interest in military atTairs, rising to the rank of Major General of the State militia. His death occurred Se]>tember 16, 1849. Picture on page 62. Wii.i.AKi) Hakkr was admitted to tbis bar in 1881. He located and resides in Sharon, lie has a large oftice practice and real estate business. B)JRI)S1'A' P)AI.I)\vin, born in Goshen, February 3, 178^). Studied law at Litcbfield Law School anrl was admitted to practice in 181 ]. lilOC.UAlMllCAI, NOTKS 223 F!e lived and practiced in his native town nntil 1841. when he re- moved to West Cornwall, \vh«Te he died April ij , 1858. irlis pic- ture is on page 115. Geokce Baldwin, a native of Washington. Connecticut, was ad- mitted to the bar in 1840. He relin([uished the law for other pur- suits. George H. BALDwrx, Sherifif 1869-1878. He died in Litch- field December 2, 1879. The following- obituary of him ap- peared in the Litchfield £n- cj hirer : "Our readers will notice, with deep reg'ret. the death of ex-Sheriiif George PL Bald- win, which occurred at his residence in this village on Tuesday morning. Mr. Bald- win was born on the 20th of September, 1827. and had en- tered upon his 53d year. His father. Captain Daniel Bald- win, was a man of great ener- gy, and the son was of a simi- lar nature. After a good edu- cation in our village schools, he served an apprenticeship in the Enquirer otiice. He sub- sequently published, for a short time, the Litchfield Republican, a democratic ])aper, and was the first publisher of the Sentinel. He was postmaster here for eight years, judge of Probate for one year, and Sheriff of the county for nine years. Hie represented the town in the General Assembly in 1861, held the office of town clerk for five years, from 1858 to 1863, and was first selectman for several vears succeeding. His friends were warmly attached to him. and he was noted for his generosity and neighborly kindness. In his familv, he was a devoted husband and father, and his excellent widow and children have the heartfelt sympathy of the entire com- munitv." Isaac Baedwix, was born in Alilford. Connecticut, February 22, 171S-16. His father removed to Durham and subsequently to Litchfield. He graduated at Yale College in 1735. and studied theology and was licensed to preach in 1737. He was never settled in this profession, but occasionally preached in neighboring churches. r.EORC.E ir. iLM.DWix 224 LITCHFIELD COUNTY IJljXCII AND HAR He married a dau'o^hter of Parson Collins, the eccentric minister of Litchticld. bought a farm and went to farming. His services were soon demanded in public affairs and for many years he was a })rominent man in town and county matters. He represented his town in the General Assembly ten sessions, and was town clerk for thirty-one years (1742-1773.) He was clerk of the Probalte Court for the district of Litchfield for twenty-nine years, and was the first clerk of the County Court, which othce he held for forty-two years (1751-1793-) He died in Litchfield January 15. 1805. Isaac Baldwin, Jr.. born at Litchfield Xovember 12. 1753. Graduated at Yale in 1774. Admitted to the bar and practiced at Litchfield until 1812. when he removed to Pompey, New York, v\here he died in 1830. Roc.iCK SliLR^max Baldavin. born in Xew Haven, Connecticut in 1793. Was a member of the Litchfield Law School, and admitted to the bar of this county in 1813. He located in his native city, v-here he died February 19, 1863. Probably no lawyer ever attained in Connecticut a higher rank at the bar than that which was generally conceded to Governor l^aldwin by his ])rofessional brethren, and few men have filled more ])ublic otlices than he. ( For a more eNtended sketch of him see o])ituary in 30th Conn. Report.) Sa]\U'Ll S. Baldwin was born in Litchfield, and graduated at Yale College in 1801. Was admitted to this bar in 1803 as of Litchfield. He died in 1854. Willia:\i Baldwin', lawver at Salisbury 1842. (Conn. Regis- ter.) LuTiiER T. Ball was born in vSalisbury, studied law with Judge D. J. Warner and ait Ballston, Xew York, and was admitted to this bar in 1854. Pie removed to Illinois, where he acquired a good reputation as a lawyer. In the Civil Wnv he was an officer of the Eighty-fourth Illinois regiment and was killed at the battle of ]Mur- freesboro, December, 1862, and buried on the field. LoRKiv BarxivS studied in the law school. Was admitted in 1807 and i)ractice(l a short time in 1 Bristol. HivNRV S. B.\Ri!OiK was a native of Canton, Connecticut. Born August 2, 1822. Studied law at Yale Law School and was ad- mitted to this bar in 1849. He practiced at Torrington for twenty- one years, when he removed to Hartford, where he died September 21, 1891. Sylvester Barroik was a brother of Henry S. lUirbour and practiced law a short time about 1861 at Xew Hartford and is now in practice in Hartford. BIOGRAPIIICAI^ NOTES 225 Anson Baths, admitted to the l)ar in 1820. The History of riartford County says he practiced law at East Granhy 1 831 -1869. RoBKRT C. Batks, achnitted to the har in 181 1 as of SaHsbury. JosiAH B. BatTKLL, born in Woodbury ^larch i, 1776. Ad- mitted to tlie l3ar in 1799 as of Torriufj^ton. Died ^lay 7, 1843. ^" Torrington. Jessk Beacjl was born in Litchfield in 1769. He studied law with Judge Reeve and was admitted to- the bar in 1791. The next year he married Sall\- Wheeler, of Derby, to which place he moved and practiced law there until 1801, when he removed to Redding, Connecticut. J. Gail Beckwitii, ]i<.. was born in Litchfield in 1874. Gradu- ated at l^nion College in 1896. Studied at Albany Law School and in tiie offices of Terry cV' Bronson and L. F. Burpee in Water- bury, where he engaged in practice for a short time. He served as Corporal of Company A, Tenth Battalion. First Xew York Volunteers, from April, 1898. to April, 1899. The regiment was ordered for service in the Philippines, but only went as far as Honolulu. W^as admitted to the Litchfield bar in 1899. ^\'as a deputy sherifif under Sheriff Middlebrook. Is engaged ni jour- nalism. Hezekiaii Bi;eciii;r, was born in Bethlehem, the son of Abra- liam Beecher. He was admitted to the bar in 1854. He removed to, and was an early settler of Fort Dodge, Iowa. Is now deceased. PjiilE-AIox Beech Ek, a native of Kent, was born in 1775 and was admitted to this bar in 1800 as from Sharon. He soon removed to Lancaster, ( )hio. Henry Howe in his Historical Collections says of him : "He represented this district in Congress from 1817 to 1827, and died about 1840. Was in politics a whig, and a man of fine address and presence. He it was who gave Thomas Ewing liis first law business of an\- moment. The very elegant Henry Stanberv, who began his law ])ractice in Lancaster, and lived there for many vears. married for his first wife the daughter of Mr. Beecher. He later lived at Columbus and in the vicinity of Cin- cinnati, and ended his professional career as Attorney General of the United States under General Jackson." Tkl.max T)EECiiEr, admitted in 1818 from Kent. Was a student of the law school. Frederick Beers was born in Woodbur\' Jul\- 2t,, 1785 and was admitted to this bar in 181 5. He died in Woodbury on Decem- ber 6, 1828, at the age of 43. 226 IjTCnFlKLD COUNTY BENCH AND BAR Gkorck W. lii-.KKS was a son of Hon. Seth P. Beers and was born in Litchfield February i8, 1817. He graduated from Trinity College in 1839, and was admitted to this bar in 1842. He never practiced his profession, but was an assistant for his father in the care and management of the immense interests of the School Fund in the A\'estern Reserve of Ohio. He died at Litchfield. Li;\vis F. l)Ki*.RS was admitted in 1864 to this bar from Winsted. He studied with Judge Gideon Hall, and remained in his office in Winsted a short time after Judge Hall's death .when he removed to South Xorwalk. where he died February 15, 1872. Sktii I'. Li^i'RS, a native of Woodbur_\-, horn July 4, 1781. Was a student of the Litchfield Law School from 1803 to 1805, when he w'as admitted to this bar and settled in the |)ractice of his pro- fession in Litchfield, where he died September 9, 1862. He had a large clientage and occupied many positions of trust. He was State's Attorney for the county 1820 to 1825. His principal work was commissioner of the School Fund of Connecticut from 1824 to 1849, ^ period of twenty-five years, during which time the settle- ment of a very large number of contested land claims and titles in the Ohio land, known as the Western Reserve, had to be adjusted l)y him. It is largely through his legal and financial ability that our present school fund of $2,000,000 exists. Died September 9, i862 at Litchfield. (See Sedgwick's address.) Picture on page 92. Frkdkrjck D. PejvMax, was a native of Warren, g^raduated at Yale, class of 1842, and was admitted to this bar in 1846, and settled and began practice in Litchfield. In 1855 he was appointed clerk of the Superior Court, which ofllice he held at the time of his death. Augu.st t. i860, aged 38 years. Picture on page 138. CiiARLivS O. Bei.dk.v. born in ^lontecello. New York, in 1827, was admitted to practice in 1848. After ]M-acticing a short time at Litchfield he removed to Milwaukee, Wisconsin. In 1861 he took an active i)art in the Civil W^ar. organizing the Sixty-seventh New \'()rk \'()lunteers. of which he was the Lieutenant Colonel and was in several engagements. At the close of the war his health failed and he was unable to follow his ])rofession. Lie died in Litchfield November 22, 1870. josi;i'ii H. I')i;i.T..\.'\n-, a native of lietblehem, was a grandson of the celebrated divine Joseph liellamy, D. D. He graduated at Yale ('ollege in 1808, and was admitted to this bar in 1810 and resided and practiced in Lethlehem, where he died in 1848. (See Sedg- wick's Address.) A:\ros Benedict. l)()rn in Mi(ldlel)urv, Connecticut, July 6, 1780, graduated at Yale College 1800, studied law in the Litchfield Law lUOCRAITIICAI^ NOTKS 227 School and was admitted to ]iractice in 1803. After practicing a short time in Litchfield he removed to Watertown, New York. He died in 1816 while on a visit to Litchfield. Noah B. BexivDict. horn in Woodbury, April 2, 1771. Gradu- ated at Yale 1788. Admitted to the bar in 1792 and died July 2, 1831. He was one of the most learned and distinguished lawyers in the State. (See Boardman's sketches and Sedgwick's Address and note in 8th Conn. Report 426, also obituary in 15th Conn. Report.) His portrait is on page 58, taken from an old painting in the Woodbury Probate office. MiLo L. BexxETT, admitted in 1813, as of Sharon. Removed to Yermont and was a Judge of the Supreme Court of that State. Hem.JiX Berry, admitted 1796. as of Kent. John B. Betts, admitted to this bar in 1882; practiced a short time in New Hartford ; removed to the West. He died in Beatrice, Nebraska, and was buried in New Hartford, January 24, IQ02. William W^ Bidwell. I)orn in Colebrook in 1850 and admitted to this bar in 1858, located in Collinsville, where he practiced his profession and was killed by accident in 1894. William W. Bierce was l)orn at Cornwall Bridge in 1863; graduated at Williams College in 1885 and was admitted to this bar in 1 89 1. Is now in practice at Torrington, where he was the town clerk and town prosecuting attorney, and is also one of the prosecuting agents for Litchfield County. Henry A. Bills, admitted to this 1)ar in 185 1, practiced a short time in Winsted, Connecticut. Publislied for some years the Win- sted Nczvs, and then followed other avocations. He died June 24, 1892. Hox^ JoTix Bird, born in Litchfield, November 22, 1768, gradu- ated at Yale College in 1786. was admitted to this bar in 1789, and after a practice of five years removed to Troy, New York, where he resided until his death in 1806. During these few years he held many important positions and v^-as a member of Congress. Edward Bissell, a native of Litchfield, born November 27, 1808, and admitted to this bar in 1832. He afterwards entered the United States naval service, and died January 24, 1876. Edward Bissell, born in Litchfield, December 16, 1827, and graduated at Yale College in 1851, and at the Yale Law School in 1853, and was admitted to this bar in 1853. He removed to Fond du Lac, Wisconsin, where he now resides. 228 l.lTClIinKlI) C(n;NTV r.ilNClI AM) I'.AU Francis UissEll, born in Litchfield April i6. 1852. and ad- mitted to this bar in 1875. He practiced a short time in New Hart- ford , then went into the insurance business, from which he retired, and is now enj^aged in agriculture at liantam. EbenkzEr B. Bj,ackma\. graduated at Yale College in 181 7, admitted to this bar in 1822 and practiced at Sharon, whence he removed to Rrookfield in 1840 and died there in 1863. Lkwis j. Ih.AKiC, admitted to this l)ar in 1874 and began practice in Litchfield, but soon removed west, and is now a law stenographer and teacher at ( )maha, Nebraska. j. \\'. liLAKivSLi'i-;, admitted in \8()(), as of I'lymouth. SA:\rrKi, C. BlakKi.kn'. admitted in 1800 from Roxbury. Wii.i.iAM H. Bi.oi)C,i:t'i'. a native of Canaan. Admitted to this bar in 1903. He located in W'insted and is now Town Prosecuting Attorney. He was assistant clerk of the Connecticut House of IvCpresentatives in 1907. Dan'id ShKrman lioAKD.MAX. l)iirn in New Milford in 1768, graduated at Yale in 1793 and admitted to this bar in i7t)5. He located and practiced all his lifetime in his native town, where he died December 2, 1864. ['resident I'cn'ter. of Yale College, in his sketch of Mr. Boardman, published in the histor\- of New Milford, says: "There have been few. if any of the inhabitants of New Milford since its settlement, who deserve to be more honored than this pure minded, sagacious and noble hearted man." He is the author of the sketches iiublished herewith. See Sedgwick's Address. CiKoRCiv S. ]U)ARi).MAX. a native of New Milford, son of Hon. I{lijah Boardman, born I7ov(l proposed to procure her a piece of pasteboard in ex- change for the parchment, to which Mrs. Bissell consented. It was not, liowever, until si.x or eight year^ had elapsed when Mr. l5oy(l examined the parchment with care, when he learned for the first time that he had what he thought and was generally thought, until recently, was a duplicate of the charter." The Colonial Record, A'ol. I\'., published in 1868, says: " The original charter, which now hangs in the secretary's office at Hartford, is engraved on three skins. The duplicate was written on two. So much of the dujilicate as remains being about three- fourths of the second skin, is now in the library of the Connecicut Historical Society, where it was placed 1)\- Hon. John Boyd, late Secretary of State." Not long ago, however, search was made through the records in London and it was found that five pounds was the fee paid for drafting the original charter and twenty shillings for the duplicate. I'.xamination of the documents showed that twenty shillings was v.ritten (])robably a memorandum) on the supposed original charter and five poimds on the supposed dui:)licate so that now it is certain that the one saved bv Mr. Bovd was the original and the one that hung for years in the secretary's office and has been recently hung in the State lil)rary is the duplicate. The Mrs. Wyllys spoken of was related to the former Secretary of the State by that name and the parchment was probably found with his efifects. Connecticut lived under this charter until T8r8, forty-two years after the Declaration of Independence." AiiRAiiA.M Br.\dley. Jr.'. was ])orn in Litchfield I7^>7. Studied law with Judge Reeve and was adnutted to the bar in 1791. He located in the valley of the Wyoming, Pennsylvania. Soon after he acce])ted a i)osition under Colonel dickering, then the I'ostmaster ;i()',KA I'll] CAT, NOTKS 231 General of the I'nited States at Washington. He removed to Washington, D. C, and was assistant postmaster general, nnder various administrations for nearly forty years. He and his hrother, Phineas. were the real organizers of the postoffice de])artment of the Ignited States. Aij!i\RT p. BradstkI'I;'!' was born in Thomaston in 1840. gradu- ated at Yale College in 1871, and Columbia Law School in 1873. He was admitted to the bar in 1874 and took up practice in Thomas- ton. He was a member of the General Assembly in 1872-78. and in 1881 and 1882 was elected to the Senate from the Sixteenth District, being the first Republican who was returned from that district for several years. He was town clerk of Thomaston from 1875 to 1891. and Judge of Probate from 1872 to 1890. In 187Q he was a]:)pointed deputy judge of the Waterbury district court and in 1883 he was elected Judge of the same court, being re-elected in 1887 and 1893. He is now in Inisiness in New York Cit\ . Nelsox Brewster was admitted from Cornwall in 1824. He resided in Goshen and had a very limited practice. He died in 1850. Jaaies T. Ereex was admitted from Winsted in 1881, located in the 'West. Daniel X. Brixsmade, of Washington, was the son of the Rev. Daniel Brins- niade, the second pastor of the Society of Judea, after- wards the town of Wash- ington. He was born in 1750, graduated at Yale College in 1772, read law at Sharon and was admitted to this bar and settled in his native town, where he practiced his profession for more than fifty years. In 1787 he was a (lelegate to the convention at Hartford that ratified the Constitu- tion of the L'nited States. He was justice of the quo- rum and assistant judge of the County Court for six- teen years. He represent- ed his town in the Legisla- ture during forty-three sessions and was one session clerk of the House of Representatives. He died in 1826. DAXIEL X. liRIXS-MADE 232 I.ITCIIFIKUD COUNTV l'.i:XCll AND r.AE Clifford E. Bristol was admitted to this bar in 1882 and began practice at Xorfolk and then removed to Plainville. He now resides in Winsted and is engaged in mercantile bnsiness. Mkrkitt ])Roxson' was athnitted to this bar in 1855 from New Hartford. Bennett Bronson w^as a gradnate of Yale College in 1797 and admitted to this bar in 1802 as of Southbnry. He was born No- vember 14. 1775. in A\'aterbur}'. He became a prominent man in Waterl)m-\'. as lawver and banker, and died there December ii, 1850. Charles R. Brown was admitted to the l>ar in 1816 from Sharon. Sa^^iuel Broavnsox was one of the early settlers of New Mil- ford and its town clerk from 1714 to 1733. He was its first justice of the peace and also Judge of the New Haven County Court and died in 1733. He acted as attorney for the town on several occa- sions and is said to have been an attorney in fact. Roc.ER Brownson was a lirother of Samuel and succeeded him in the office of town clerk in New Milford and was there justice of the peace for a number of years. He died in 1758. NoRTox J. BuEL, born in Salisbury September 13, 1813. Studied law wth General Sedgwick and Judge Seymour and was admitted to the bar in 1834. Removed to New Haven County and died in New Haven March 6, 1864. See Warner's reminiscences. Epaphrl'S W. IjL'LL. born in Daiilnu-y in 1805, and was admitted to this bar in 1825. He went South in 1830 and was reported to have been killed by the Indians in Texas in its war of 1840. William Birke was born in Ireland in 1820, came to Amer- ica in 1838 and following the example of Roger Sherman, settled in New Milford. and while earning his living by shoemaking, studied law and was admitted to this bar in 1868. He removed to Dan- luiry in 1869, and resided there at the time of his death in 1890. The History of Danbury says of him: "In social matters his kindness of heart, his ever ready smile and cordial bearing', his l)right and sunny disposition, and his uprightness and strength of character made him many warm friends, who will long cherisli a pleasant memory of him." William A[. Blrrall was a native of Canaan and admitted to this bar in 1808. He was associate Judge of the County Court from 1829 to 1836. and after that its presiding Judge for two years. He died in Canaan in 1851, aged jj years. (See Sedgwick s Ad- ar in 1803 from Norfolk. Edward H. CL':\nnxG, admitted in 1830. Eli Curtiss, was born in Northbury. (now Plymouth) Febru- ary 10, 1748. Graduated at Yale College in 1777, was active in the Revolutionary War where he reached the rank of Captain. He lost an arm in the service for which he received a pension. He was admitted to the Bar in 1781, and practiced in Watertown, but finally removed to Ih-istol, where he died December 13, 1821, and was buried in Plymouth east burying ground. Holbrqok Curtiss, born in Newtown, Fairfield County July 14, 1787. Graduated at Yale College 1807, admitted to this Bar in 1809. Began his practice in Litchfield County in 181 5 at Water- town. He died February 21, 1858. (See Sedgwick's Address.) WiLLiA^i E. Curtiss, was a son of Holbrook Curtiss, born in Watertown September 29, 1823, graduated at Trinity in 1843, studied law with William Curtiss Noyes in New York City and was admitted to this Bar in 1846. He ])racticed in New York City and was a Judge of the Superior Court of that State in 1871, and its presiding Judge in 1876. He died in Watertown July 6, 1880. Medai) Curtiss, admitted to this Bar in 1797 from Norfolk. George Y. Cutler, born in Watertown Ai)ril 6, 1797. Gradu- ated at Yale in 1816, admitted to this B)ar in 1820 from Watertown. He practiced at W^atertown till about 1828, when he removed to Illinois, where he was land agent, lawyer, merchant and farmer at Commerce, the place where the Mormons located in 1838 and changed the name to Nauvoo. He died there September 3, 1834. Spencer Dayton, born in Winchester in 1820, and admitted to the Bar in 1846. Resides in r'hilii)pi. W. Va. Gilbert Dean, born in Dutchess County, N. Y. in 1819. Gradu- ated at Yale College in 1841. Admitted to the I'ar in 1842. Died in Poughkeepsie, N. Y. in 1870. Lee p. Dean, born in Canaan October 18, 1838. Admitted to the Bar in 1864. In 1886 he removed to Bridgeport, where he now resides engaged in other pursuits. 240 LITCHFIELD COUXTY UKXCII AXn I'.AR Eugene C. Dempsey, born in Barkhamsted January 7, 1864, ad- mitted to the Bar in 1886. Located in Danbury. where he now resides. JEREML\T[ \\\ DexTKk, a native of Sahsbury, served in the war of the rebellion and was admitted to the liar in 1866. Located and resides at W'averly, N. Y. A\'iLLi.\:\i E. DiCKrxsox, was born in New York City May 30, 1824. but came to Litchfield when a child. He was admitted to this Bar in 1846. Located and practiced at Stonington, Conn., until 1850, when he removed to the Lake Superior regions and was en- gaged in important mining operations. Subsequently he went to Cuba in the same busmess and while there had charge of building the Daiquria Pier for loading ore, the same ])ier used by the United States to unload troops during the Spanish-American War. He then removed to Wisconsin where he was District Attorney of Florence County for a number of years. He died at Florence, Wis., June 15, 1899. Wheatox F. Dowd, born in Xew Hartford, August 21, 1867. Graduated at Yale Law School in 1894 and was admitted to this Bar the same year, and was appointed Assistant Clerk of the Superior Court. In 1901, after the decease of William F. Hurlburt, he was appointed Clerk of the Court of Common Pleas for Litch- field County which office he has since held. He resides in Winsted. TiiEonoKi', \\'. Dowxs was admitted to this lUir in 1870 from liridgeport. The following is taken from a Bridgeport paper of September 24th, 1907. "Former Consul dead. Theodore Waldren Downs former United States Consul to Quebec and prominent in national Democratic politics, died at his home in this cit\' -Nesterday after a sickness of about seven weeks following a shock." WiLLLVM Dkixkwatkr, Came to New Milford about 1730 from Ridgefield and for nearly thirty \ears was a prominent man there and was in the practice of law in 1753. He died in 1758. Daxiel Dlxisak, was a native of i'lymouth. admitted to this bar in 1798. Located and practiced in Berlin, Conn., 1803 to 1841. Alii.Ks Dixn.\R. was a native of Plymouth but was admitted to this bar in 1810 as from Sharon. The history of Ellsworth a part of the town of Sharon gives this notice of him. "Our first Dunbar was hardly representative of the household, for he came and went more like a comet than the staid and planetary bodies since represen- tative. That was Miles Dunbar of Plymouth, Conn., lawyer, music teacher and jack-at-all-trades. About 1812 he departed from Sharon." will'. \'l"Ci\ 1*. DO WD. BIOGRAPHICAL NOTES 24I Hexry A1. Duttox. was a son of Ex-Governor and Judge Button (who was born in Litchfield), and practiced law in Litchfield in 1861 with his uncle Henry B. Graves, Esq. L'pon the breaking out of the war he entered the service of his covnitry and received a commission as Lieutenant in the 5th Connecticut Infantry, and was killed in the battle of Cedar Mountain, \'a.. August 9th. 1862. RuFus Eastmax. admitted to the Bar in 1796 from Washington. Da\id ED:\irxDS. admitted to the Bar in 1806 from Xewtown. Ogdex Edwards, born in 1781. a student of the Law School in 1801, admitted to the Bar in 1802 as from Xew Haven. He re- moved to Xew York where he was a prominent man and a lead- ing attorney for many xears ; a Judge of the Superior Court, Sur- rogate, etc. Frederick EgglESTox, admitted in 1834 from Cromwall. Xathaxiel B. Eldredge. admitted in 1811 from Salisbury. JoHX Elmore, was a son of Col. Samuel Elmer of Revolution- ary war fame, and born in Sharon. Settled in Canaan in 1793 and died in that town December loth, 1849. aged 84 years. JoHX Elmore. Jr.. was admitted to the Bar in 1819 from Canaan. He died at East Canaan, June 12th. 1857. in his 65th year. See \\'arner's Reminisences. Hexrv Loo:mis Ellsworth was a son of Chief Justice Oliver Ellsworth, and after studying with Judge Reeve in the Law School, he was admitted to this Bar in 1812 from ^\'indsor. After a prac- tice in Hartford he was appointed Commissioner of Indian affairs under President Jackson. He was also Commissioner of Patents for ten years. He died in 1858. William H. Ely. admitted to the Hartford Bar in 1879, ^^^'^^ located at \Mnsted and then removed to X'^ew Haven, where he now resides and has a large practice. jAiiES ExsiGX. born in Canaan February 2. 1819. graduated at Yale 1842, and admitted to this Bar in 1848. from Canaan. He practiced law but a short time wlien he engaged in farming. He died in Salisbury. February 3, 1883. Fraxk ^^^ EthERIDGE, of Thomaston, was born in ^klontville in 1858. He was educated at the Hartford High School and pursued his law studies with the late firm of Johnson »S: Prentice, of Hartford, being admitted to the Bar in 1880. He settled in Thomaston and has held a number of town offices. He has been Judsre of Probate since 1890. In 1896 he was appointed Health Officer for the County which office he has since held. He was a member of the last Constitutional Convention. He is also the publisher and editor of the Thomaston Express, a weekly newspaper. 242 IJTCIIFIKLD COUNTY liEXCII AXD BAR WiLLiA:\r W. Ellsworth was born in Windsor in 1781, the third son of Oliver Ells- worth, the second Chief Jus- tice of the United States, i^radnated at Yale in 181 o, studied 1 a w with Judge J^eeve and was admitted to tliis Bar in 1813, and began h i s practice in Hartford, where he died January I5tli, 1868. He was a member of Congress five years ; Gover- nor of the State four years ; a judge of the Superior Court and the Supreme Court four- teen years. Rufus Choate said of him "If the land of tlie Shermans and Griswolds, and Daggetts and W'illiamses — rich as she is in learning and virtue — has a sounder lawyer, a more upright mag- istrate, or an honester man in her ]iulilic service, I know not his name." (See obitu- ary in 34t]i. Conn.) Daniel EvLRETT, born in Bethlem in 1748, and began practice of law in New Milford in 1772, where he resided until his death in 1805. (See FJoardman's Sketches.) SiiKKMAN Everett, was admitted to this Bar in 1801 as from Cornwall. He seems however, to belong to Sharon, where he was born April 20, 1781, lived there and died October 5. 1870. The Ellsworth History says. "The major became captain of militia was early sent to the legislature, surveyed almost every bit of this town, and much of other towns, was a justice of no mean record, rose to tiie rank of major in the war of 1812, was treasurer of this (Ells- worth) society, commissioner of the common land and founder of the library which now bears his name. John R. Farna.m, was admitted to this Bar in 1871, practiced a short time at Litchfield and also published the Litchfield Sentinel. In 1877 he located in Danburv, Conn., from whence he removed in 1884 to Washington, D. C. Amos II. Fakxswortii. was admitted to this Bar in 1849. BIOGRAPHICAL XOTES 243 Augustus H. Fenn, born in Plymouth January i8, 1844. In the Civil War he gained the rank of Major of the 2nd Conn. Heavy Artillery. At the battle of Cedar Creek he was wounded and suf- fered the amputation of his right arm at the shoulder. He was a graduate of Harvard Law School and was admitted to this Bar in 1867 and began his practice at Plymouth removing to W'aterbury and thence to Winsted at which place he resided at his death. Sep- tember 12, 1897. In 1887 ^^^ was elected Judge of the Superior Court, and in 1893 he was i^romoted to the Supreme Court of Errors. (See his obituary in \^ol. 67, Conn.) The following tribute to Judge Fenn was given by his associate Judge David Torrance at the Annual Meeting of the Armv and Xavy Club in 1898: "I trust, that you will pardon me if I say a few words about him who was my friend and companion for some years in the highest court of this state, whom all of you know and loved, and who, when he died was the honored president of this club. The best legacy that a man can leave to his children and to his fellow men, is the inspiring exami)le of a well spent life ; a clean life, nobly lived for noble ends. Happy the man who dying leaves be- hind him the record of such a life ; and to the full measure of such felicity, as far as human facilit}' will permit, my friend and \ours attained. His war record, young as he was, is as brilliant as it is inspiring. Entering the army in July. 1862. when he was eighteen years old, as a member of the gallant Second Connecticut Heavy Artillery, he served with distinction as lieutenant, as captain, as brevet major and brevet lieutenant-colonel, till the close of the war and after. When wounded and disabled by the loss of his arm at Cedar Creek in 1864 he refused to be discharged and reported for duty within seven weeks after he was wounded. Most men would have regarded the loss of a good right arm as sacrifice enough for one's country, but our comrade, in this respect, as in some others, was not like most men. Since the war what a busy useful life he led. as student, as lawyer, as the trusted judge of probate for years in Ply- mouth and Winchester, as member of the Legislature, as member of important committees for the revision of our laws, as an active participant in political contests, as lecturer in the Yale Law School, as the eloquent orator on Memorial Days, and at Grand Army meet- ings innumerable, as the trusted friend, the wise counsellor, and burden bearer, in local matters and affairs, and finally as iudge of the superior court and of the supreme court of errors of this state. What a deal of work he crowded into his fiftv-four years of life. What a useful life it was to his country and to his fellow men ! How unselfishly and unstintedly he gave himself to all things that tended to help men and make them better citizens, and in the midst of all its stir and activitv and storm and stress, what a clean and noble life 244 LITCIIFIKLD COUNTY BEXCH AND P.AR it was ! He was the arcliitect of his own fortunes. About all he inherited from the past was the blood of a vigorous ancestry, but blood will tell, and in him it made the desert of adverse circum- stances the very vantage ground of succeess, and caused its barren wastes to blossom as the rose. He was successful because he merited success. He won his promotions in the army, without the aid of influential friends, by sheer force of character, by his bravery, and his proved fitness to fill every position to which he was assigned. In civil life he attained position and influence by his sterling integrity and his own unaided ability. He worthily filled every of- fice he ever held, and worthily fulfilled every one of the many trusts that were reposed in him. His was on the whole a successful life, in a high sense a joyous victorious life, and now that death has put a period to it, while yet the infirmities of old age were afar ofif, lie may. with the wise old Greek, call it a happy life, worthily ended." Elliott J. Flnx, was born in Plymouth September i, 1855, and studied law with Augustus H. Fenn in Plymouth, and was admitted to this Bar in 1874. He began practice in W'aterbury in 1875. and died there in 1888. h'Ri;i)i:KKK J. Fi'tNX. was a native of Washington, Conn., but was admitted to this liar in 182 1 as from Canaan. He removed to Harrisburg, Penn. Linus Fenn, was a native of IMymouth and studied with Judge Reeve and was admitted to j^ractice in 1794 and persued his pro- fession in his native town. He died in 1852. (jKorc.K L. FiiCLn, was born in Watertown December 4, 1828. He studied law with John W. Webster in Waterbury, and was ad- mitted to this Par in 1856, and after a brief practice in Watertown he opened his office in Waterbury. He was one of the earlier Judges of the city court, and also the Mayor of the city. During the last few years of his life he was totally l)lin(l. He died in ^^'aterto\vn, Octol^er 22, 1879. John a. FooTi:. was admitted to this liar in 1825, having at- tended tlie Law School. The following- taken from Howe's His- torical Collections of Ohio, is of interest regarding Mr. Foote : "Much gratification was derived at this time in Cleveland by a call u))!)]] Mr. John .\. Foote, an old lawyer an octogenarian, of Mliom I had all my life heard but never met until now. He was a brother of .Admiral Foote and a son of that Governor Foote of Connecticut who introduced a resolution, historically known as 'Foote's Resolution" which led to the debate between Daniel Web- ster and ]Mr. Havne, of South Carolina. "Mr. Foote first came here from Cheshire, Connecticut, in the summer of 1833, and was for years a meml)er of the eminent law firm EIOGRAI'HICAL NOTES 245 of Andrews, Foote & Hoyt. He was born in 1803 on the site of the Tontine Hotel in New Haven, but his home at the time of leav- ing was in Cheshire. That town was overwhelmingly Democratic, and he was a Whig, but as the State Legislature was in session but for a few weeks his townsmen irrespective of politics gave him and a Mr. Edward A. Cornwall, prior to their departure for the distant wilds of Ohio, as a parting compliment the privilege of representing them in that body. So they went down to Hartford and passed a few weeks pleasantly among the 'Shad Eaters' as in the humorous parlace of the time the members were called, from the fact that they met in May, the season of shad-catching in the Connecticut. "The year 1883 came around when Foote and Cornwall, after a lapse of fifty years, in company visited the Legislature of Connecti- cut at Hartford and were received with great cclaf. "The House passed some complimentary resolutions, signed by the speaker (Charles H. Pine) and by the clerk (Donald H. Per- kins) expressive of their high gratification. 'Passed February 22, 1883. Washington's birthday." These Mr. Foote with commend- able pride pointed out to me framed on his parlor wall." EbEnEzER Foote, was born in W'atertown (then Westbury) July 6, 1773. Studied law at Judge Reeve's school and was ad- mitted to the Bar in 1796. He located at Lansingburgh, N. Y., and with the increase of his business moved to Troy and later to Albany. He was one of the leading attorneys of the state, an active and in- fluential politician. He was the founder and promoter of the cele- brated Albany Female Academy. He died July 21, 1814, at Troy, New York. Jaked P). Foster, born in Albany, N. Y., 1820, was admitted to this Par in 1848 and located and practiced in Xew Hartford until his death in March 3, 1895. He held many town offices and w'as judge of the District Court for Litchfield County for the term of three years. He was a very bright man and a witty lawyer and a great many pleasant stories and recollections are told of his ]^rac- tice. (See picture, page 107.) Walter S. Fraxklix", born in Lancaster, Penn. in 1799. Stud- ied at the Litchfield Law School and was admitted to this P>ar in 1820 and practiced law in York, Penn. He was Clerk of the House of Representatives in W'ashington, D. C. from December 2, 1833 to his death September 20, 1838. jNIajor General Wm. 15. Franklin was one of his sons. George A. FREEiiAX was born in Boscowen, X. H. in 1876, fit- ted for College at Phillips Academy, Andover, graduated at Yale Scientific School in 1897. studied law with Huntington & Warner, and was admitted to the Bar in 1901. Mr. Freeman resides and practices in Waterbury. 246 LITCIIFIKLD COUNTY BKXCII AXl) ]!AR SA:\[ui:r, Frisiue, admitted to the Bar in 181 1 from Waterbury, where he practieed a few years and then removed to Indiana. Hexrv I. Fi'LLEK. achnitted in 1846 from Kent and removed to the State of Xew York. Jkro:\iK Fli.i.Er. admitted in 1832 from Kent. Rl'Fus Fuij.kr, born in I'lymonth in 1810, gTachiated at Union Coheg-e in 1835. was admitted to this Ikvr in 1836, located in Kent, where he practiced his profession for a quarter of a century, and retired therefrom in consequence of ill health. FlorkmoX]) D. FylER, born in Torrington in 1834, g'raduated at Yale Law School in i860, admitted to tliis Bar in 1864, located at Winsted, was a Judge of the District Court for Litchfield County, 1878-1882. Returned to Torrington, and from ill health quit his [)ractice and liecame extensively engaged in the poultry business on iiis ancestral home, where he died after a ])rotracted illness, August 22. 1905. Frederick Gayeord, admitted to the 15ar in 1853 from Goshen. Am:\ii Giddixos, born at Sherman, Conn., in 1822 and graduated at Yale Law School and was admitted to this Bar in 1849. He practiced at Plymouth nntil 1866. when he removed to Kalamazoo, Mich., returning to Connecticut in 1872. He died at his birth-place, February 13, 1882. \\\x' Rexss.xeaer C. Giodixcs, born in Xew Alilford in 1833 and after attending Yale Law School was admitted to this Bar in 1861. After practicing in this County a while he removed to Bridgeport in 1869 and was the City Attorney for Bridgeport. Ja:mes p. Geyxx', a native of Winsted was admitted to this Bar in 1895. Practices in Winsted and was for some years the Town Clerk of \\'inchester, and also Prosecuting Attorney of the Town Court. In 190T was appointed by President Roosevelt, Postmaster of Winsted, which office he now holds. George R. Gold, admitted to the Bar in 1856 from Cornwall and removed to Michigan. Tiio.mas R. Gold, born in Cornwall in 1764, graduated at Yale College in 1786, admitted to this Bar in 1788 and removed to Cen- tral Xew York, where he held a leading position as a lawyer. Was a memlier of Congress for twenty years. He died in 1827. Ja:\iES Gould, born in Branford, Conn. December 5, 1770, grad- uated at Yale College in 1795, attended the Litchfield Law School and was admitted to this Bar in 1798. He assisted Judge Reeve in the Law School and after the retirement of Judge Reeve con- ducted it himself until its close in 1833. He died in Litchfield May BIOGRArHICAL XOTES 24/ II, 1838. He was a Judge of the Supreme Court of Errors, and author of Gould's Pleadings, published in 1832. (See Boardman and Sedgwick Sketches.) J.\:\iHS Rek\'E GoiLD, a son of James born in Litchfield Novem- ber 2, 1803. Graduated at Yale College in 1824, was admitted to this Bar in 1826, and removed to Augusta, Georgia, where he died C)ctober 11, 1830. Gp:orge Gould, a son of James born in Litchfield September 2, 1807, admitted to this Bar in 1829. Removed to Troy, N. Y., where 1 he died February 11, 1868. He had been Mayor of Troy and a Justice of the Supreme Court of New York from 1855 to 1863., WiLLiA.M Tracy Gould, another son of James and born October 25, 1799, graduated at Yale College in 1816, and admitted to this Bar in 1820. He removed to Augusta, Georgia, where he became a distinguished Judge and prominent citizen. Died July, 1882. Hira:\i Goodwix, born in New Hartford May 5, 1808, admitted to the Bar in 1830. Located at Riverton in the town of Barkham- sted. Was a Judge of the Litchfield County Court 185 1 to 1855. Died February 5, 1885. His obituary is in 52d Conn. Reports. Ly:\iax Graxger, admitted to the Bar in 1821. He was a native of Salisbury or Canaan, and graduated at Union College in 1820. After a short practice in Salisbury he removed to Rutland, Ver- mont and associated with Moses Strong, having a large law practice. He died in 1839. Elijah Phelps Graxt, born in Norfolk, 1808. Practiced in Winsted in 1835 ^^'^^^ 1836. when he removed to Canton, Ohio, where he died December 21, 1874. Friexd Graxt, born in Litchfield September 14, 1740. Gradu- ated at Yale 1761, and practiced in Litchfield a year or two, and died in 1764. Miles Tobey Graxger, was born August 12, 1817 in New Marlboro, Mass. Bv his own exertions as a farmer boy and at country school teaching he graduated at Wesleyan College at Middletown in 1842. The next year he went to Louisana as a fam- ily teacher and began studying law and was admitted in that State in 1845. Returning to the North he was admitted the same year to this Bar. and soon located in North Canaan, making that his residence, until his decease October 21, 1895. Judge Granger was a Democrat in his political views, and in 1857 represented his town in the General Assembly, and in 1867 and 1868 he was State Senator from his district and chairman of the Judiciary Committee, and was appointed a Judge of the Superior Court. Li 1876 he was advanced to the Supreme Court of Errors 248 I.rrcilFlKLD COUNTY BENCH AND BAR which office he held until 1887, when he resigned to accept an election to Congress. In 1893 he was appointed a State Referee, which position he held at the time of his death. Bro. Hickox in his obituary of Judge Granger published in the 66th Conn. Reports, ends with a sentence with which every mem- ber of the Bar fully concurred. "A grave, honest, shrewd man, he inspired confidence and respect, while his sense, wit and kindly nature won him general esteem, and his loyalty, many lasting friends." (Picture on page 156.) Henry B. Graves, born in Sherman, Conn, in 1822 and admitted to this Bar in 1845. He began his practice in Plymouth, but after a couple of years removed to Litchfield where he had for more than forty years a large and lucrative practice, frequently representing the town in the General Assembly. The Judicial History says of him, "He was a typical lawyer of the old school. In figure he was tall, handsome and striking. He had great keenness of preception. splendid capacities for analyis and was a compact and logical thinker. He was a man of most kindly feelings warm and ardent in his friendships, generous and helpful to all and never vindictive even to his opponents." He died in Litchfield August 10, 1891. Obituary in 60 Conn. Reports. Picture, page 152. G. W. Griswold, was in practice in Winchester in 183 1, but was not admitted at this Bar. Frederick Gunn, admitted in 18 13 from Xew Milford. Died in New Milford November 23, 1852, aged 65. Warren W. Guthrie, admitted to this I'.ar in 1855, began prac- tice in Seymour. Conn., but in 1856 removed to Atkinson. Kan., and was Attorney General of Kansas for a number of years. Nath.vn Hale, was an Attorney at Sharon in 1777 and an as- sistant Judge of the County Court for eighteen years. Benjamin Hate, admitted to this Bar in 1797. Eeanatiian S. Haei,. admitted in 1846 from Fairfield County. Gideon Hale, born in Winchester May i. 1808. graduated at Litchfield Law School and was admitted to the Bar in 1832. He always resided in Winsted and had a large practice until 1866. when h.e was appointed a Judge of the Superior Court, which office he held at the time of his death December 8, 1867. ( See Warner's Reminiscences.) Picture, page 113. Robert E. Hael was born in Morris. Conn, in 1858. graduated at Yale Law School in 1882 and was admitted to the Bar in New Haven County, has practiced princi])ally in Waterbury. Is not now in ])ractice. BIOGRAPHICAL XOTES 249 Jacob B. Hardenburgh. born in New York State in 1833, was admitted to the Bar in 1854 and practiced at Kingston. In the war of the rebelHon he served nearly five years and was Colonel of the 80th N. Y. VoL^. In 1867 he located at North Canaan taking- Jndge Granger's practice. In 1883 he was appointed Connty Coroner which office he held at the time of his death, April 4, 1892. John Harper, admitted to this Bar from Winsted in 1850. He removed South and located at Alpalechicola, Fla. about 185 1. He was an officer in the Confederate service during the rebellion. Julius B. Harrison, was born in Cornwall in 1819, was ad- mitted to this Bar in 1843 a"c^ located at New Mil ford. Was State Attorney in 1852 and died in New Milford October 10, 1854, aged 35 years. MosES Hatch was born in Kent in 1780, graduated at Yale in 1800, admitted to this Bar in 1802, settled in Danbury where he died in 1820. Charles R. Hathaway, a native of Winchester. Admitted to this Bar in 1880, now in practice in Manchester, Conn. Is now the Record Commissioner of Connecticut. Willi a:\i HawlEy, born in Redding, Conn , graduated at Yale College in 1780. was admitted to this Bar in 1791 ; he removed from Fairfield County in 1798 to Woodbury, and soon thereafter aban- doned his legal practice for mercantile pursuits. Charles Gordox Haves, eldest son of the Rev. Gordon Hayes, born in Washington, Conn. January 20, 1830. Graduated at Yale in 185 1. Admitted to this Bar in 1855. Removed to Rock Island, 111., and to Muscatine, Iowa. Died at DesMoines, Iowa, April 8, 1878. Louis M. Hemixway was born in W^atertown in 1875. Was fitted for College at the Cheltingham Military Academy, graduated at Lafayette College in 1896 and at the Law School of the Univer- sity of \"irginia in 1899 and admitted to this Bar in the following }ear. He is largely engaged in the hotel business. Joshua Hexshaw, was admitted to this Bar in 1797, from New Hartford. Philo M. Heacocks, born February 8, 1784, admitted to the I>ar in 1810, and practiced in New Milford until his death April 20, 1825. Samuel A. Herm.\x, born in Canaan 1855, and was admitted to this Bar in 1878. He located at Winsted in company with the late Judge Fenn, and they had a large and lucrative practice. He has attended strictly to his profession, doing very little non-pro- 250 LITCIIFIKLD COUXTV UKXCII AND UA.l fessional work. He was State Senator in 1897. He was an active promoter of the Torrington & Winchester Electric Road, and its Secretary. He resides at his farm residence in the town of Tor- rington, but continues liis practice at Winsted. Georgk a. Hickox was born in Washing- ton in 1830, graduated at Trinity College in 1 85 1, was admitted to this T'ar in 1853 and located at Litchfield. In 1866 he purchased the Litchfield Enquir- er, wliich he publish- ed for a quarter of a century, editing i t with marked ability and profound scholar- ship. In 1895 ^1^ rcmov- e d t o his ancestral home at W^ashington, where he died, June 6. 1903. KlCIl.\KD T. HlG- Gixs was l)orn in Washington in 1865, was educated at St. Francis College, Brooklyn, New York. Studied law with Hon. James Hunting- ton of Woodbury and admitted to this liar in 1890. Resides in Winsted and has for several years been the County Coroner. (See Coroner pag;e 165.) Ih'.RXARi) E. HiCGixs, born in Woodbury January 31, 1872, ad- mitted to the Bar June, 1897. Resides and practices in Torrington, Conn. Was Borough Clerk for three years. Is now (1907) Prose- cuting Attorney for the town. HoMKR HiXK was admitted to the Bar in 1800 from Xew Milford. Charles W. Hix:\iax, born in Southbury in 1829, admitted in 1853. Before he had begun to practice he received an appointment as one of the librarians of Congress and removed to W^ashington, D. C. Edward Hix^fax was born in Southlnu-y, then a part of Wood- (.I'dRoi: A. IIICKOX. SAMUEL A. HERMAX. BIOGRAPHICAL XOTES 25 1 bury in 1740 and practiced in Southbury. He was familiarly known as Lawyer Ned. He is said to have been a very able lawyer. He was very corpilent man, weighing something over four hundred pounds. RoBixsox S. HiXMAX was born in South Britain in 1801. Was admitted to this Bar in 1825. In 1827 he removed to Utica, N. Y., but returned to Connecticut in 1828 and was appointed Clerk of the Superior Court for New Haven County in 183 1, holding that office seven years. He died in New Haven in 1843. Royal R. Hixmax was born in Southbury, graduated at Yale College in 1804 and was admitted to practice in 181 1 and practiced for twenty years at Roxbury. In 1835 he was elected Secretary of State and held that office for seven years. He was largely en- gaged in compiling and publishing matters relating to the early historv of the State, and in other historical and genealogical labors. He subsequently removed to New York City. SiMEox^ H[x:max, graduated at Yale College in 1784, was ad- mitted to this Bar in 1790 and engaged in his profession in South- bury, where he died in 1825. Rolaxd Hitchcock, one of the Judges of the Superior Court, was a native of Burlington in Hartford County. He was admitted to this Bar in 1844 and located in W'instcd, where he died on April 28th, 1889. Picture, page 114. The following was published at the time of his death : "Roland Hitchcock, ex- judge of the Superior Court, died Sun- day afternoon at his residence in \\'insted, aged 66. He was a native of Burlington and wrote the history of that town for the Memorial History of Hartford County. He studied law with Lieu- tenant-Governor Holabird in Winsted, which town he afterward made his residence. He was clerk of the House of Representatives in 1852 and 1853, postmaster from 1853 to 1861, and judge of pro- bate six terms. He was appointed on the Superior Court bench in 1874, by Governor IngersoU, and served until 1882. His last pub- lic service was as representative from Winchester in 1883, when he served on the judiciary committee. Since that time he has been en- gaged in the ]M-actice of law in \A'insted." Elkaxah H. Hodges was born in Torrington in 1812 and was admitted to this Bar in 1837. He was one of the pioneers of Cali- fornia and died in that State in 1862. Willi A:\r S. Holabird was born in Canaan in 1794 and attended the Litchfield Law School. Was admitted to this Bar in 1816 and commenced his practice in Colebrook, removing to Winsted in 1824. He was District Attorney under President Jackson's administration. In 1842 and 1844 he was Lieutenant Governor of this State. Died May 22, 1855. 252 LITCHFIELD COUNTY BLXCII AXD BAR Marcus H. Holcomi; was born in New Hartford, Litchfield County November 28, 1844. He received his higher education at Wesleyan Academy and studied law with the late Judge Jared B. Foster. He was admitted to the Litchfield County Bar in 1871 and soon after removed to Southin^on, where he has since resided. He has been Judge of Probate for more than thirty years and Treas- urer of the County of Hartford since 1893 ; a Commissioner of the State Police since its creation; was a member of the Constitutional Convention in 1902 ; he has been representative and senator several times in the General Assembly and was unanimously elected speaker one term. He holds many offices of trust and responsibility in Southing'ton and is closely identified with all its business interests. Is now tlie Attorney General of Connecticut. (See page 167.) Walter Holcomb, born in New Hartford October 13, 1853. Admitted to this Bar in 1881, removed to St. Paul. Minn., where he ])racticed until 1896 he then returned to Connecticut and located in Torrington, where he now resides. Is Judge of the Borough Court. David F. Hollistlr, born in Washington March 31, 1826, grad- uated at Yale in 185 1 and was admitted to the Bar the same year. He commenced practice in Salisbury, removing in 1854 to Bridge- port, where he resided and died May 4, 1906. He held the office 01 Collector of Internal Revenue for Connecticut a number of years. The lollowing notice is from the Bridgeport Standard : The death of the Hon. David F. Hollister removes another of tlie older citizens of Bridgeport who had been a prominent factor in its development and in all the reputable and admirable elements of its progress. ]\Ir. Hollister distinguished himself by his probity and ability in every station which he filled and as a government official, occupying an im])ortant place for many years he made a record that is hardl_\' paralleled in that department for accuracy, efficiency and thoroughness. As a citizen he answered every obli- gation ; as a professional man he was honorable and able and in every walk in life he set an example to be emulated. He lived a long and useful life and he leaves a memory to be cherished with affection and respect by all who were associated with hiuL John B. Hollister, born in Litchfield in i860, tlie only son of Gideon H. Hollister; w^as admitted to the Bar in 1884. Has never practiced. John M. Holly, born in Salisbury and graduated from Yale Col- lege in 1820 and was admitted to this Bar in 1824. He removed to western New York, became a member of Congress and died in Florida while holding that position. George B. Holt, born in Norfolk in 1790, attended the Litch- field Law School and was admitted to practice in 18 12 and removed to Dayton, Ohio in 1818, where he became a very prominent man BIOGRAPHICAL XOTKS 253 in the prosecution of its system of internal improvements. He was Judge of the Circuit Court of Ohio and its President Judge for fourteen years. Gideon H. Hollis- TLR, born in Washing- ton in 18 1 7, and grad- uated from Yale Col- lege in 1840, and was admitted to this Bar in 1842, and soon after located in Litch- field, but has resided antl practiced at var- ious times in other places. He was Clerk of the Courts 1844 to 1845, 'I"'' from 1847 to 1850. Under Pres- ident Andrew John- son he was the United States Minister t o Hayti. He is best known nf from his literary work, being author of several His- torical novels a n d plays. He was sin- gularl}- gifted in mak- ing and delivering addresses on public celebrations and anniversary occasions. In 1855 he published the History of Connecticut in two large volumes. He died at Lit-ch- field March 21, 1881. His obituary is in Vol. 48, Conn. Reports. Uriel Hol:mES, born in Hartland in 1765, graduated at Yale in 1784 was admitted to the Bar and located at Litchfield. He was State Attorney from 1807 to 18 14. A member of the General As- sembly from Litchfield nine times ; Judge of the County Court from 1814 to 1817; a member of Congress in 1817 and 1818. He died May 18, 1827. Samuel Miles Hoi'Kixs, L. L. D. v.-as born in W'aterbury 1772, but in earlv life removed to Goshen, studied at Yale, but refused graduation, studied at Judge Reeve's Law School and was admitted to this Bar in 1793. He removed to the State of New York and was engaged in large real estate transactions. He was a member of Congress and held manv other high official positions. He died at Geneva, X. Y. October 8, 1837. 254 IJTCIIFIKI.D COUXTY BENCH AND BAR Sa^muel B. Horxe, of W'insted was admitted to the Bar in 1869 from that town, having- served through the Civil War where he gain- ed the rank of Captain. He was an aide on the staff of Governor Phineas Lounsbury and was Commander of the Connecticut Dept., G. A. R. He was United States consul under President Harrison. Labor Commissioner for Connecticut from 1895 to 1899. He now resides and practices at W'insted ; holds a Medal of Honor Badge. His practice is mostly confined to recovering estates from foreign countries. F. H. HoRTox, admitted to the Bar in 1846. Isaac M. Hortox, admitted to the r>ar in 1882 from Harwinton. Samuel C. Hoseord, admitted to the IJar in 1850 from Canaan; never practiced ; became a teacher and removed to New Jersey, where he died. Joiix D. Howe, studied law with Judge Hitchcock in Winsted, admitted to the Bar in 1866 from Winsted and soon after his ad- mission removed to St. Paul. Minn, where he holds a large practice as a railroad attorney. EnwAKi) J. Hi/iiiiAKi), born in Uetlilehem, studied with W^n. Coth- ren, was admitted to this Bar in 1864 and removed to Trimdad, Colorado, where he is now in practice. Joirx T. Hubbard, born in Litchfield in i8.s'"\ graduated from ^'ale College in 1880, studied law at Yale Law School and was ad- mitted to the New Haven Bar in 1883. Now resides. at Litchfield. Represented his native town in the General Assembly igoi and 1903 ; is now, (1907) Judge of Probate for District of Litchfield. Joiix H. Hubbard, Ijorn in Salisbury in 1804 and admitted to this pjar in 1826. He began practice in his native town, but in ' 1854 removed to Litchfield. Was elected member of Congress from his district in 1863 and 1865. Was State Attorney of the County in 1844 and again in 1849. He enjoyed a lucrative practice and was one of the leading lawyers of the State. He died July 30, 1872. The following notice of the death of this distinguished member of our Bar, is from the Litchfield pa]:)er and Vv'ritten by his neighbor ;ui(l frienr Kirbv, born in Litchfield in I75''>, in a part of the town now included in Washington. Sec Article "First Law Reports" for his biography. Reynold M. Kiri-.y was a son of Ephraim Kirb\- and was ad- mitted to this Bar in 1810. PiiiLKMON KiRKUM, admitted to the Bar in 1799. resided at Win- sted. In Boyds Annals of Winchester is a very interesting account of this eccentric man. BIOGRAPHICAL XOTES 261 William Kxapp was a member of the Fairfield County Bar, but practiced in New IMilford a few years prior to 1880, when he re- moved to Denver, Colorado. FrLderick ]\I. KoeiilHr, admitted to the Bar in 1885, resided in Litchfield, but soon removed with his family to Montana. Edward A. Kunkll,, practiced at Torring-ton a year or two prior to 1878 and at a later period was at Thomaston. Joiix R. Laxdox was born in Salisbury, September 14, 1765, and married in Litchfield, Anna Champion, daughter of Rev. Judah Champion, January 10, 1796, and settled at Litchfield. He was Sheriff from 1801 to 1818. After his term of office expired he re- moved to Castleton, \'t., where he died, February 27, 185 1. j\Ir. Landon during his term alsc had unpleasant duties. Here is sen- tence that he had to execute : 'AMiereas Samuel \Miitmore, of Xew IMilford, in said county. l)e- fore the Superior Court holden at Litchfield in said county, on the I St Tuesday of February 1804, was legally convicted of Adultry, and, on consideration, was by the Judges of said Court sentenced and adjudged to be whipped on his naked body Ten St rifles, and to be stigmatized or burnt on his forehead with the letter "A" on a hot iron, and to wear a halter about his neck on the outside of his garments during his abode in this State of Connecticut — and as often as he shall be found without his said halter, worn as aforesaid, upon information and proof of the same before any Assistant or Justice of the Peace, to be whipped not exceeding thirty stripes, and to pay the cost of this ]:)rosecution, etc." All these sentences were thus executed to the letter, as appears from sheriff's returns. In executions for horse stealing, the prisoners were sentenced to be twice set astride a wooden horse and kept there an hour and then whipped fifteen stripes on the naked body, with an interval of a month between two punishments. A man convicted of forgery in 1788 was sentenced to stand twice in the pillory, and was "dis- enabled to give anv evidence or verdict in any court or before any ^Magistrate or Justice of the Peace." Joseph Lake, admitted in 1822. Edgar AL Laxdox of Salisbur\-, admitted in 1824. Howard F. Laxdox of Salisbury was born in Sharon in i86g and graduated at the Amenia Seminary. He studied law with Hon. Donald T. Warner in Salisbury and graduated at the Albany Law School in 1890. He was admitted to the Litchfield Bar the follow- ing year and formed a partnership with Mr. Warner in Salisbury. As Senator from the 19th district he made an enviable record in the session of 1901. 262 LITCHFIELD COUNTY r.KXClI AND BAR Hira:^! p. Lawrexcl of Winstcd was born at Norfolk in 1833. He fitted for Yale Colleg-e at Norfolk Academy, studied law with Judg-e F. D. Fyler in Winsted and was admitted to the Litchfield "]>ar in 1873. Died Aug'ust 9, 1908. Isaac Leavlxwortii, a(lmittest Cornwall was born in that town October 23, 1857. He graduated from the Alger Academy and studied law with Hon. Arthur D. Warner, being admitted to this Bar in 1879. In 1883 ^^^ represented Cornwall in the General As- sembly, and has been very active in town aft'airs. He has an ex- tensive i)ractice throughout the State. Picture, page 162. Major A. NickKRSOX', a native of Cornwall, admitted to tliis l')ar in 1834. After a brief practice, mostly in lierlin. Connecticut, he ren.ioved to New York State and entered the ^linistrv. BIOGRAPHICAL XOTKS 269 Major A. NickErsox. born in Cornwall and admitted to this Bar in 1868. For some years, owing- to poor health he did not practice, but about 1888 opened a law office in Plain ville. Conn. Died suddenly in his office, April 25, 1891. MiKKEL Neilson, a native of Denmark, studied law in Litchfield and was admitted to the Bar in 1881, and removed West. Charles Nettletox was r~ ~ " '^^f^ born in Washington. Conn. October 2, 1819, and after studying law at Litchfield was admitted to the Bar. He opened an office in Xaugatuck and was for a time in Xew Haven, but not meeting with satisfac- tory clientage he removed to the city of Xew York and made a specialty of conveyancing and for some years was a pension attor- ney. He was a great col- lector of the session laws of all the dififerent States and it was claimed that he had the largest and fullest library in this line in the country. For the help of the Tiiden-Hayes Electoral Commission, the Library of Congress moved to Wash- inton all this part oi Mr. Nettleton's library. He died in Xew York May 5, 1892. Theodore North, born in Goshen March 2, 1780. Graduated from Williams College and was admitted to this Bar in 1809. Mem- ber of the Constitutional Convention in 18 18. Removed to Elmira N. Y. in 1823. Died April 21, 1842. JoxaThax T. Nortox was admitted to this Bar in 1847 ^^'^'^ practiced a short time in West Cornwall, when he removed to Brooklyn, N. Y. James H. Nortox, born in Goshen in 1823, admitted to this Bar in 1846 and soon removed to Pennsylvania. Entered the field of journalism and was connected with the X>w York City daily papers. Resided at Middletown, X. Y. Died in 1894. William H. O'Hara, born in Washington October 15, 1859 and was educated at the "Gunnerv" ; admitted to this Bar in li 2/0 I.ITCIIFIKLI) COUNTY UKXCII AND 1!AR Practiced in Bridgeport. In 1893-4 was an Alderman in Bridge- port and the latter year president of the l>oard and Acting Mayor. In 1902 removed his office to New York City. James L. Orr, born in Hudson. X. Y., studied with Hon., John H. Hubbard, was admitted to the Bar in 1845. He practiced at Sharon and then removed to Atichigan. His health failing him he returned to Salisbury, where he died. Samuel D. Ortox, born in Bridgewater. Admitted to the Bar in 1830. Practiced a number of years in Xew Milford. Eugene O'Si'LLIvax practices law in Torrington. Charles A. Palmer, born in Goshen in 1859, graduated from Williams College. Admitted to this Bar in 1885. Practiced a few years at Sharon and then removed to Torrington. Now resides in Goshen, and is not in the practice of law. Joseph M. Pal:mEr, born in New Milford in 1788. Was ad- mitted to the Fairfield County Bar, but located at Woodbury, where he practiced until 1816, when he removed to Fredericktown, Md. He was a Judge of one of the higher courts in that State. Solomon^ M. Palmer was admitted to the Bar in 181 1. JoxwTHAN Edward Par:\ialEv, admitted to the Bar in 1790, re- sided and practiced in Bethlehem. Da\-id ParmalEE, a lawyer in Litchfield, 1797. (Connecticut Register.) Col. Amasa Parker, born in 1784 in the limits of the present town of Washington. Graduated from Yale College in 1808. At- tended the Litchfield Law School and was admitted to the Bar in 1810. He removed to Delhi, Deleware County, N. Y. Ansox Y. Parsoxs, admitted to the Bar in 1826. Daniel Parsoxs, admitted to the liar in 1847 fi'om Sharon. Walter M. PATTERSo^^ admitted to the Bar in i860, practiced a short time in Sharon. Calvix" Pease, a lawyer in New Hartford, 1799. (Connecticut Register.) William K. Peck, Jr., born in Harwinton and admitted to the Bar in 1847 from Norfolk. He located in Norfolk and removed to Winsted in 1864. He removed from Winsted to Michigan in 1869, and died at Grand Rapids, Mich, in 1870. The following paragraph is from a highly complimentary notice of the stump labors of Wm. K. Peck. Esq. which we find in the Western Nezv Yorker published at Warsaw, November, 1867: "The series of meetings held in this county by W. K. Peck, Esq., of Connecticut, have been among the most successful and satisfac- tory ever known here. The appointment for the Court House on BIOGRAnilCAL XOTHS 2/1 Saturday evening drew together an audience that packed the room full. Mr. Peck is a man of fine presence and genial manners with a remarkably good voice and excellent qualities as a popular speak- er. For perfect candor and fairness, for strong points sharply put, for earnestness and agreeable humor, and to sum it all up — for a good cifect in a political speech, ^Ir. Peck ranks with the best men on the stump. We hope to have him here again." Nathaniel Perry was a native of Woodbury and was admitted to the Fairfield County Bar in 1816. He began practice in Wood- bury, removing to Xew ^Nlilford in 1823. He died in Kent in 1849, aged 60 years. George W'. Peet was born in Salisbury in 1828 and after ad- mission to the Bar he practiced in Canaan. The latter part of his life was devoted chiefly to financial operations. He was president of the Iron Bank of Falls A^illage, etc. He died at North Canaan in 1882. HuGTi F. Peters, graduated at Yale College in 1849; admitted to the Bar in 185 1. JoTix Thompson Peters, graduated at Yale College, 1789; ad- mitted to the Bar in 1791. Was Judge of the Superior Court from 1818 to 1834. Died .'Vugust 28, 1834. Resided at Hartford. (See Sedgwick's "Fifty Years.") Joel T. Pettet, admitted to the P)ar in t8oi from Sharon. He was a young man of great promise, but died of consumption. Septem- ber 13. 1807, aged 32. AuGrSTi'S Pettiuoxe. born in Norfolk Fel:)ruary 19, 1766, a son of Col. Giles Pettibone. Attended the Litchfield Law School and was admitted to the I'ar in 17^0. He settled in Norfolk, was a member of the Constitutional Convention in 18 18 and Judge and Chief Judge of the County Court from 1812 to 183 1 He died October 4, 1847. < ^^'*? Sedgwick's "Fifty Years.") CoL. Giles Pettit.oxe, born in Simsbury December 9. 1735. His name appears as an attorney in the early records of the County Court. Resided in Norfolk and died there March 17, 1810. SA:\irEr. PETTinoxE, tlie first King's Attorney of Litchfield County was born in Simsl)ury July 26, 170)8. He began to practice law as early as 1730. He removed to Goshen prior to 1740 and was active in the formation of the County in 175 1. LTpon the establish- ment of the County Court he was appointed King's, or as we now term it. State Attorney, which office he held several years. He was prominent in the town aflfairs of early Goshen and represented the town in the General Assembly a number of times. He died in 1787. SerExo Pettihoxe was a brother of .\ugustus Pettibone and born in Norfolk Noveml)er 9th, 1778: graduated at \\'illiams Col- 272 LITCHFIKLD COUNTY r.KXCII AND BAR lege in 1800, and was admitted to this Bar in 1803. He practiced a few years at Norfolk, and died there, November i6th, 1826, "just in the prime of life, a man of fine ability and promise." joiix PiiiRPONT^ 1 85 1. John Pierpont, born in Litchfield April 6, 1785. Graduated at Yale College in 1804. Studied law at the Litchfield Law School and was admitted to this liar in 1810. He removed to Newbury- port, jMass., where after a short practice of law he became an Uni- tarian Minister. He edited a large number of school books ; the old fashioned National Precepter, being perhaps the best known of them. He was also a poet, and his "Stand, the ground's your own my braves ! " has been the standard for boyhood declamations, dur- ing the last three-quarters of a century. His poem delivered at our Centennial celebration in 1851, has also become classical. In his earlier years he, like many of the Boston celebreties, was not fas- tedious in his dress, and the portrait we publish of him is said by all our old men to be a characteristic one. The second, near the close of this book, looks as he did in later life, when he held a clerical position in one of the Government departments in Washington. He was the ancestor of John Pierpont Morgan, the noted banker and financier. Mr. Pierpont died at ^Medford, Mass., August 2."/, 1866. BIOGRAPHICAL XOTKS 273 Charles B. Phelps was born in Chatham, now Portland. Con- necticut in 1788 and pursued his professional studies under Judge Reeve and Noah B. Benedict, Esq., and was admitted to the Bar in September, 1809. Eutered into practice at Woodbury, and there continued the exercise of his profession to the time of his death, December 21, 1858. He was Judge of Probate for nearly thirty years and was an authority on Probate Law. He was a member of the House of Representatives in 1831. 1837, and 1852 in which latter year he was elected its Speaker. In 1843 '^^ ^'^'^^ elected to the Sen- ate and was its President pro tern. In 1850 he was elected Judge of the County Court, holding the office three years. In Mr. Coth- ren's history of Woodbury, will be found a lengthy biography of this honest lawyer. Picture, page 94. Ralph P. Phelps, attorney in Winchester, 1832. (Connecticut Register.) E. Frispie Phelps, graduated from Yale Law School, and was admitted to this Bar from Harwinton in 1866. He soon removed from the State. Is now in New York City in the insurance business. Elistlv Phelps, born in Simsbury. Graduated from Yale Col- lege in 1800; attended the Litchfield Law School and was admitted to this Bar in 1802. Settled in his native town, where he died m 1847. A:>ros Pierce (Pearce), graduated at Yale, 1783. Died in Woodbury, 1798. James Pierce was admitted by the County Court in 1799. JoLix Pitcher was admitted by the County Court in 18 16. Lieu- tenant-Governor of New York. John" Pierpoxt, born in Litchfield September 10, 1805; mem- b)er of the Law School; admitted to the Bar in 1826. He removed to Vergennes, Vermont. Was Judge of the Supreme Court and Iield other important offices in that State. OrvillE Hitchcock Platt was admitted to this Bar in 1850. He was born in Washington, Conn., and his early life was that of a hard working farmer boy. Both parents being of good New Eng- land stock, earnest in religion, patriotic, and having the courage of their convictions, he inherited that breadth of mind and strength of character for which he became so prominent. Beginning in the old red school house, and afterward attending the Academy, in which he later on taught, he was still further furnished, by close and per- sistent study at home. Having chosen the law as his profession he entered the office of Gideon Hollister and Fred. Beeman in Litch- field in 1848 and in due time was admitted to this Bar. He began his practice at Towanda, Penn., but in a short time returned to Connecticut and settled at Meriden. where he soon became a prom- 2/4 T.lTCin-lKLl) COLXTV r.r.N'ClI AND BAR inent attorney and citizen. In 1855 he was Clerk of the Connecti- cut Senate and in 1857 was Secretary of State. He was repeatedly elected to represent his town in the General Assembly of the State, serving in the Senate in 1861-2, and in the House of Representatives in 1864 and 1869 and was given important positions in the deliber- ations of those bodies. In 1877 he was appointed State Attorney for New Haven County. In 1879 he was chosen United States Senator by the General Assembly, a position which he occupied continuously until his death at his summer residence at Washington, Connecticut, April 21, 1905. In an address delivered by him to his townsmen just before start- ing for Washington to take his seat in the Senate, he said, "Just now everything is new and seems unreal. I can scarcely appreciate the future ; how I shall walk in the new part in which I am set, time will show. I do know that I shall try to do right as I see the right." He took his seat ^^larch 18, 1879, and for more than a quarter of a century gave his best thought and untiring industry to all matters of legislation and gradually won his own place in the front rank. He served eighteen years on the committee of patents, eight of those years as chairman. He was regarded by all, as the best au- thority on patent law in the Senate. For sixteen years he was a member of the committee on Indian affairs, and no one was more alive than he to the true welfare of the Indians. No man in of- ficial life w^as ever a more practical and useful friend of these wards of the nation. For twelve years he was a member of the committee on Territories, six years as chairman, and while such chairman six states were ad- mitted into the Union, viz : North Dakota, South Dakota, Montana, Washington, Idaho and Wyoming. For ten years and up to "the time of his death, he was a mem- ber of the committee on finance. For four years he was chairman of the committee on Cuban Relations, and was the author and father of the noted Piatt Amendment — that great bulwark and mainstay of the Cuban Republic against foes, foreign and domestic. In the investigation of this subject he accumulated a large and ex- haustive library relating to Cuban and Philippine matters, probably the largest in the country, which has been given by his heirs to the State Library at Hartford, Conn. He was for twelve years a leading member of the Judiciary Committee, and at the time of his death was chairman of that com- mittee. On this great committee, on account of his skill and learn- ing as a lawyer, and his industrious prudence and conservative character, he was one of the most active, useful and safe members, favorable to all reasonable innovations, but strongly set against revolutionary or doubtful schemes or measures. No man in the Rei)ublican party was oftcner consulted by both Presidents, Mc- ORVlLLi: 1] ITCH COCK I'LA'iT BIOGRAPHICAIv XOTES 2/5 Kinley and RcK)sevelt upon vital questions, not only of party policy, but of material and international importance. The last great service he rendered, was in presiding over the Senate as a Court of Impeachment in the case of Judge Swain. The care, dignity and impartiality with which he performed that difficult task proved him to be a master mind in that eminent body. Senator Teller of Colorado said of him: "He was a party man with a strong partisan spirit, because he believed his party was best calculated to secure the highest degree of progress and prosperity it was possible for a nation to attain. While he was a partisan and defended the principles of his party with intelligence and vigor, he recognized that there were two political parties in the country, and that there might be wisdom and patriotism in those differing with him. He was a good type of Americanism, and his aspiration for his country was for all parts and all the people within its borders." Probably the obsequies of no eminent man of Litchfield County were ever attended by so many distinguished public men as were his when he was laid to rest amid the scenes he loved so well on April 24th, 1905, in the cemetery at Washington, Connecticut. Henry B. Plumb, a native of Wolcott, Conn., born in 1857, was admitted to this Bar in 1879. He has never practiced law — but is Secretary of the Eagle Lock Company of Terryville, with office in New York city, and resides in Terryville. E. LeRoy Poxd, born in Terryville, Town of Plymouth, Dec. 26, 1883. Graduated at Yale College 1904, and from the Law School in 1906. Admitted to this Ijar February, 1907, and opened an office in Terryville. Charles J. Porter, born in Goshen, January 2"], 1839; was sheriff from 1881 to 1884. He was in the Civil War for three years in the First Connecticut Heavy Artillery in which he was a Quarter- master Sergeant. He resided in Goshen Center where he was Post Master and carried on a large general store business. He repre- sented his town in the Legislature in 1866 and 1893. He died Dec. 19, 1907. (See picture, page 160). Peter B. Porter, born in Salisbury. Graduated from Yale College in 1791, admittd to this Bar in 1793. Removed to the State of New York and died at his home at Niagara Falls in 1844. He was in Congress in 18 10 and was Secretary of W^ar under John Q. Adams' administration. Joel B. Potter,, admitted in 1803 from Sherman. He died October 7, 1806. Nathan Preston, born in Woodl^ury in 1758. Graduated from Yale College in 1776. He served in the Continental Army until 1780. In 1782 he was admitted to the Bar and settled in his native town having a large practice and enjoying many political honors until his decease in September, 1822. 2/6 IJTCIIFIKI.D COUXTV BKXCII AND BAR WiLLiA.M 1*KKST()N'. He was born in Stratford in 1676, l)ut when quite youno;- removed with his father's family to Woodbury. He became a leadings man in the town and colony. He was a mem- ber of the General Court thirty-five sessions, and stood high in the militia, having attained the rank of Colonel. He was justice of the quorum eleven years from 1740. On the formation of Litch- field County in 175 1. he was appointed its first judge, which oHice he held till his death in 1754. He was a man of fine talents and commanding- influence — of sterling integrity and unflinching de- termination. In another i)lace will be seen a cut of his tombstone in fine pres- ervation in the cemetery at Woodbury. WiiJjAiL L. Raxso:m was born in Granville, Alass., ^^larch 2S, 1822. He studied law with Judge Hiram Goodwin of Riverton and was admitted to this Bar in 1854. Three years later he came to Litchfield and associated with Hon. John H. Hubbard in the practice of his profession until 1859, when he was appointed Clerk of Superior and Supreme Courts for Litchfield County from which position he resigned in 1887 after an honorable service of twenty- nine years. He now resides in Litchfield. From the history of the Ransom family I quote the following well deserved tribute : "\\'illiam L. Ransom was tendered the posi- tion of Clerk of the Superior Court and the Supreme Court of Errors which his experience and methodical habits eminently quali- fied him to fill. He accepted the appointment and for twenty-eight years he continued to discharge the duties of the office with honor to himself and the triliunal of which he was a trusted oflicial. Patience and courtesy secured for him the well grounded regard of the clientage that had 'their day in court' and Bench and l)ar alike held him in the highest esteem." TnroTiiY C. R.\xso:Nr was a brother of William L. and liorn September 22, 1824, and was admitted to the B)ar in 1858. He practiced a few years in ^yleriden, Conn., and then removed to Xorth Dakota where he died. D.wii) R.\^'.\i().\i) admitted to the Bar in 1812 from Montville, Connecticut. Ja:mKS Ray.moxd admitted to the Bar in 1834 from Canaan. Joiiv RivKD. This gentleman was undoubtedly the earliest at- torney in the territory embraced in Litchfield County. He grad- uated at Cambridge in 1697 and entered the ministry and preached at Waterbury, Stratford and other places. He became interested in the Stratford colony of settlers who went to the region now called New Milford, and obtained a large tract of land now the center of that town, and built a residence near the i:)resent Tngleside School, where he resided and held religious services in his house. Tn 1708. THOMAS 1^ RYAN BIOGRAPHICAL XOTES 277 while living there, he was admitted as an attorney by the General Court and in 17 12 he was appointed Queen's Attorney for the Colony. Air. Reed had plenty business of his own to attend to, for the Milford settlers claimin'o- a superior title to the Xew Milford lands, over the Stratford title, occupied some of the 26,000 acres, and Mr. Reed sued them for trespass, and after sixteen trials, fifteen of which he won and lost the sixteenth, became discouraged and gave up the effort, and removed to a large tract of land he obtained in the present town of Redding where he resided until 1722, when he went to Boston, and soon became the most eminent lawyer in the Colonies. He was Attorney General for several years and also a member of the Governor and Council. He was known there as "Leather Jacket John." Many anecdotes are told of this eccentric attorney which this compilation does not care to repeat. Knapp's Biographical Sketches says of him : "One act alone should give him immortality. He, from his own high re- sponsibility reduced the quaint, reclundant and obscure phraseology of the English deeds of conveyance, to the present short, clear and simple form now in use. His influence and authority must have been great as a lawyer, to have brought these retrenched forms into general use. The declarations which he made and used in civil actions, have, many of them, come down to us as precedents, and are among the finest specimens of special pleading that can be found. Story has preserved some of his forms, and Parsons says that "many other lawyers had assumed his work as a special pleader as their own ; and that honors due him had by carelessness or ac- cident, been given to others, who had only copied his forms." He married Ruth Talcott. daughter of Col. John Talcott of Hartford and sister of Governor Joseph Talcott. One of his sons was the celebrated Col. John Reed of the "Lonetown Manor," Redding, Connecticut. He died in 1749. leaving a large estate. Joiix G. Reid was a son of Rev. Adam Reid of Salisbury and was admitted to this Bar in 1857 and located at Kent. He did honorable service in the War of the Rebellion, and afterwards removed to Chicago. Aaron B. ReEvk was a son of Hon. Tapping Reeve, graduated from Yale in 1802, was admitted to the Bar in 1808, began practice in Troy, New York, where he died in 1809. Tappixg Reeve, born in Southhold, Long Island, October, 1744. Graduated from the College of Xew Jersey in 1763. In 1784 he opened the Law School at Litchfield which continued until 1833. In 1798 he was appointed Judge of the Superior Court and in 1814 he became the Chief Justice of the State. He died at Litchfield, December 13, 1823. See Boardman's "Early Lights," Law School, etc. 278 LITCHFIELD COUNTY BENCH AND BAR James Richards was admitted to the Bar in 1862. He then re- sided at Litchfield where he had been preaching for some years. He afterwards removed to Charleston, W. \'a., where he died. Francis X. Richmond was born in New Milford, admitted to the Litchfield Bar in 1897, and practiced for a short time in Water- bury. He removed to New Milford, and later returned to Water- bury, where he died in 1906. Edward Richmond, admitted in 181 5 from Washington. Clark Richter, graduated from Yale in 1856, admitted in 1861 from Salisbury. William H. Rood, admitted in 1845. Practiced in Winsted, was a Judge of Probate there, removed to Lynn. Mass., where he died. Edward Rockwell, born in Colebrook June 30th 1801. Gradu- ated at Yale College 182 1. Admitted to this Bar in 1827 as from Sharon. He located in Youngstown, Ohio. W^as the Secretary of the Cleveland and Pittsburg Railroad Company until 1867, when he resigned that office and removed to New York City, where he died in 1874. Julius Rockwell was born in Colebrook, gratluated at Yale College in 1826, admitted to this Bar in 1829 and located at Pits- field, Mass. He was a member of Congress and also a Judge of the Supreme Court of Massachusetts. The following extract shows the proceedings taken by the Berk- sire County Bar upon the death of Judge Rockwell in 1888: "The Superior Court opened here this morning. Chief Justice Brigham presided at a memorial meeting of the Berkshire Bar in honor of the late Judge Julius Rockwell. There was a large at- tendance of lawyers, prominent citizens of the county and ladies. Attorney General Waterman offered resolutions adopted at a meet- ing of the Bar yesterday, gave a short sketch of Judge Rockwell's career and moved the adoption of the resolutions, judge Tucker seconded the resolutions, and speeches were also made by the Hon. Marshall Wilcox, T. P. Pingree, Senator Dawes and Judge Brig- ham. The resolutions were ordered spread on the records of the court and as a mark of respect to Judge Rockwell's memory the court adjourned until to-morrow morning." W^illia:m Rockwelt, was born in Sharon in 1804. Graduated at Yale College in 1822, and admitted to this Bar in 1824. Located in Brooklyn, N. Y. Was a Judge of the Superior Court of King's County. Alrerto 1. Rorap.ack was born in Sheflield, ATass. in 1849. Acquiring a good academic education; in 1872 l)cgan the study of law with Judge Donald J. Warner in Salisbury and was admitted to this Bar in 1872. He located at North Canaan and was for a 'S**,^ ^ D.WID C. SAXI'ORD BIOGRAPHICAL XOTES 279 quarter of a century a leader of the affairs of north western Con- necticut. From 1889 to 1893 he was the Judge of the Court of Common Pleas for Litchfield County. In 1895 and 1896 he repre- sented his town in the General Assembly, and in 1897 was appointed a Judge of the Superior Court. He was in 1907 promoted by the Legislature to be a Judge of the Supreme Court of Errors to take effect in September, 1908. His picture is shown on page 133. J. Clixtox RoAKiiACK, a son of Judge A. T. Roarback was born in North Canaan. Graduated at Yale University and at the Yale Law School. Was admitted to this Bar in 1905. He resides and practices in North Canaan. J. Hi^XRY RoARi'.ACK was boru in Sheff'ield, Mass, in 1870, and admitted to practice in 1892 at this Bar. He located at North Canaan in company with his brother Judge A. T. Roarback to whose law business he suceeded upon the latter's elevation to the bench in 1897. He has been a very active politician, holding the position of a member of the Republican State Central Committee for several years. Is the Postmaster at North Canaan. He is also extensive- ly engaged in the lime business of that region. WiLLARD A. RoRABACK was bom in New Marlboro, Mass. March I2th, i860 and admitted to this Bar in 1883. Locating in Torring- ton, he has held many of the town offices, representing the town in the Legislature of 1895. Has been Judge of the Borough Court, and is now Judge of the Probate Court of that District. Elbert P. Roberts was 1)orn in Litchfield in 1863 and was ad- mitted to this Bar in 1884. Resides and practices in Litchfield. He has a large real estate business, and has for many years been the Secretary of the Board of Education of Litchfield. Willia:\i J. Roberts was born in New Milford and graduated in Yale College in 1859. During the War of the Rebellion he was a Captain of Compan\- I, Eighth Regiment of Connecticut \'olunteers. He was admitted to the liar in i8^>6, and died in New Milford, June 30, 1870. W^illia:\i R. Rogers, of Georgia, a graduate of the Litchfield Law School, was admitted to this Bar in 1831. Samuel Roavlaxd. admitted to this Bar in 1794, resided in Fair- field, Conn, and died there in 1837. PiiiLO RuGGLES was born in New Milford in 1765 and admitted to the Bar in 1791. Began practice in New Milford and then re- moved to Poughkeepsie, and afterwards to New York City where he died in 1829. Joiix" H. Russell, a native of Canaan, admitted to this Bar in 1849 a"<^l settled in Salisbury. He devoted most of his time to farming. He died at Lakeville in 1 871. 28o I.ITCHFIKLD COUNTY BENCH AND BAR Joseph Ryan, admitted to practice in 1858 from Norfolk, went to Illinois. Timothy Ryan, admitted in 1861 from Norfolk. Located in Illinois. Thomas F. Ryan was born in Ireland, March 6, 1872. He was educated at St. Mary's College, Troy, N. Y. and graduated from Yale Law School in 1897, and was admitted to this Bar. He be- gan to practice at Torrington, but soon went to Tucson, Arizona, where he combined law and mining. He returned to Connecticut in 1901 and located in Litchfield in 1905. David C. SanEord, born in New Milford in 1798, was admitted to the Bar in Fairfield County in 1820. He removed to Litchfield, vv'here he practiced till 1832, when he went to Norwalk. but soon returned to New ]\Iilford. where he resided at the time of his death in 1864. In 1854 he was elected a Judge of the Superior Court, which office he held at the time of his decease. George A. Sanford, born in Simsbury. 1852; educated at L^nion College, was admitted to the Litchfield County Bar in 1903. He resides and practices at Winsted. Is an active member of the School Board of Winchester. RoLLiN Saneord was born in Cornwall. Xt. of Litchfield, Conn, ancestry. Graduated from Yale College in 1831 and was admitted to this Bar in 1833. He abandoned the legal profession and en- gaged in the mercantile business in New York City, where he died, December 2, 1879. Henry Seymour Sanford died at his home in New Milford on Saturday November 2, 1901 at the age of 69 years. He was the son of the late Jiidge David C. Sanford and of Amelia S. (Seymour) Sanford, a member of the distinguished Seymour family of Litch- field. He was born in Norwalk, Conn., Alarch i, 1832. He en- tered Yale College in 1848 and graduated in the class of 1852. He then took the two years' course at the Harvard Law School. After his admission to the- Bar he spent one year in Washington. D. C, as private Secretary for Ex-Judge Seymour, then a member of Con- gress. Returning to New Milford. he became associated with his father in his well established law practice, and when his father was elevated to the supreme bench, the son carried on the practice with al)ility. At the age of 29 years he met with a serious accident that dis- abled him ])hysically for life, placing him at a great disadvantage when in the full strength of youth he was entering upon an un- usually promising career. But with remarkable pluck and bravery he rose superior to a misfortune which would have discouraged an ordinary man from attempting to do anything noteworthy, and for many years with rare ])crscvcrance and patience successfully pur- HUXRY se;ymour saxford BIOGRAPHICAL XOTES 281 sued his chosen caUing-, although unable to g-o about except in a wheel-chair, and what was more remarkable still, he retained his naturally high spirits and genial disposition. ]\Ir. Sanford moved to Bridgeport in 1869 and was a well known attorney there for thirty years. He was at one time the leading lawyer of the Fairfield county Bar. and he was associated with or opposed to the foremost lawyers of his city and state in many im- portant cases, a number of which came before the Supreme Court. He was aggressive, able and brilliant as a lawyer and liked nothing better than to cross swords with a foeman worthy of his steel. One of the last and most gracious acts of Mr. Sanford's life was to donate the rare and valuable collection of law books which had belonged to him and his distinguished father to the law library in New Milford for the use of the members of the Litchfield County Bar which the two Sanfords, father and son. had both honorably and ably represented. Hkxry S. Saxi-oro. a son of Henry Seymour Sanford, was born in Bridgeport August 5, 1873. Graduated from Yale Law School in 1895. He was admitted to the New Haven Bar in the same year, and admitted to the New York Bar in 1898. Practiced in New York until 1905. Soon after the decease of his father he re- moved to New Alilford. where he now resides and practices. ■ * Albert Sedgwick was born in Cornwall in 1801. He held the office of Sheriff 1834 and 1835 and also from 1838 to 1854 in which latter year he resigned the office, having been appointed School Fund Commissioner of Connecticut which otlice he held for twelve years during which time he resided in Hartford. He was an ardent and active poli- tician, with a genial pleasing way and won many voters to his side at the polls. He died in Litch- field at the residence of his daughter ]\Irs. Thomas M. Coe in 1878. He at one time was greatly interested in developing the mining of Nickel in the western part of Litchfield, but the opening of the civil war and dis- covery of the rich silver deposits in the great West ruined this industry in Connecticut. 282 IJTCHFIELD COUXTY BENCH AND BAR Fkkdkrick a. Scott, born in Plymouth in 1866, graduated from Yale 1889, from Yale Law School in 1891 and admitted to this Bar the same year. Resides at Terryville, practices at Hartford. Has been Clerk of the different branches of the General Assembly and in 1901 was Clerk of Bills in that body. Represents Plymouth in the General Assembly of 1909. HoirKR R. ScoNii.i.iv was born in Harwinton ini865, graduated at Williams College in 1890, the New York Law School in 1892, and was admitted to that Bar the same year. After a few years practice in Xew York City, he removed to Torrington. Conn., and was admitted to this Bar in 1900. He is now in active practice in Torrington. CiiARLKS F. Sedgwick. The following obituary of this distin- guished member of our Bar is taken from the 50th Conn. Reports, for which it was prepared by his colleague and friend Bro. Donald j. Warner : Charles F. Sedgwick was born in Cornwall. Litchfield County, Connecticut, Septemeber i, 1795. His grandfather Gen. John Sedgwick, was a major in the Revolutionary army, and a major- general of the State Militia. His ancestory is traced to Robert Sedgwick, one of Cromwell's Generals. He was a brother of the late Albert Sedgwick, and a cousin of the renowned Gen. John Sedgwick, of the Sixth Corps of the Army of the Potoma. After graduating at Williams College, 1813, he took charge of an academy in Sharon, Conn, and at the same time studied law, and was admitted to this Bar in March, 1820. He immediately located in Sharon, and there continued in the practice of his profession, and ended there his life's work. He married Betsy, daughter of Judge Cyrus Swan, of Sharon, October 15, 1821. He was early a member of the Legislature in both branches, a Judge of the Court of Probate for the District of Sharon, and from 1856 to 1874 was States Attorney for the county. He inherited and manifested a special admiration for military affairs, and was appointed Brigadier General of the State Militia in 1829, and afterwards Major General of the Third Military Division of the State. Physically, he was a remarkable man ; large, tall, and erect, his appearance in and out of the court room was attractive and commanding. As a lawyer not arrogant, not brilliant, always courteous, a ready, fluent advocate, presenting his views of the case on trial with force and zeal, commanding the respect of the court and jur} . In the discharge of his duty as a public prosecutor, the ad- ministration of his office was characterized by the application of the principle "that ninety-nine guilty persons should escape, rather than EioGRAPiiiCAL xoTr;s 283 one innocent person should suffer." His habits were exemplary; tobacco and intoxicants in all their forms were to him abhorrent. The current events of the day were all noted by him, and he de- lighted in works of history, biography and genealogy. His wonder- fully retentive memory, bodily vigor, and genial nature made him a delightful talker in the social circle, and eminently useful in fur- nishing information of and concerning persons and their aft'airs. If it became necessary to find a collateral or other heir to an estate, or to insert a branch in the genealogical tree of a family in Western Connecticut, Gen. Sedgwick was referred to as a living compen- dum of the required information, and his detailed reminiscences of the peculiarities and characteristics of persons always interested his hearers and often excited their merriment. His centennial address and history of the town of Sharon in 1865, is a valuable depository of knowledge for the inhabitants of tlie town. He lived soberly, he waited for death calmly and died in communion with the Congregational Church at Sharon, [March Qth, 1882, in his 87th year. Picture on page 70. Edward \\'()oi>ruff SUY:\rorR, a Judge of the Supreme Court of this State, died at Litchfield, on the ihth day of October, 1802. He was born at Litchfield, August 30th, 1832 the oldest son of Chief Justice Origen S. Seymour. Llis mother was a sister of George C. Woodruff, Escp, of Litchfield, a prominent lawyer there, and Judge Lewis B. Woodruff of New York. He graduated at Yale in 1853, and was admitted to the Bar in Litchfield in 1856, where he continued to practice until 1875, when he removed to Bridgeport, and formed a partnership with his younger brother, IMorris W. Seymour, with whom he was associated until 1889, when he- was appointed a Judge of the Supreme Court of Errors. He was for several years Judge of Probate in the Litchfield district. He re]^re- sented Litchfield in the State Legislature in 1859-60-70-71, and was a member of the State Senate in 1876. He represented his district in Congress from 1882 to 1886. He was one of the representatives of the diocese of Connecticut in the general conventions of the Protestant Episcopal Church of the I"'nited States. As a lawyer he was thorough, quick in perception, sound in re- fiection, pleasing and eft'ective in speech. He prepared his causes conscientously. His knowledge of men, his quick wit, his rare ap- prehension of humor and humorous things, his abounding good judgment, his intellectual alacrity in emergencies, and his courage in a crisis gave him a fine outfit for practice. He cross-examined a witness always with skill, and sometimes with genius. But no tempation to score a point ever led him into the pGiiy tyranny of abusing a witness. Lie wore the golden rule on his heart and re- membered that the man in the witness box was a brother. As a Judge, without being hortatory he warmed his o]iinions with wholesome morals. vSuch ethics, for instance, as we find in 284 IJTCTIFIKI.D COUXTV BENCH AXD T.AR the opinion in Coiipland vs. Houstonic Railroad Company, in the 61 St Conn., make good reading-. His career as a lawyer and Judge strengthens our attachment to our profession which he adorned. Judge v^eymour is mourned by the Bar and by the bench of the State with a common and tender grief. Years of closest intimacy bound many manly hearts to him with a love which may not be told, but which mnst be undying. His grave is the tomb of hope and promise and of a life broken when it was strongest. He was buried in the afternoon of a gentle October day. when the sun shone throngh the clouds and brightened the gold and scarlet and crimson of fading nature, and he was buried in love. From Henry C. Robinson's sketch in the 62d Conn. Reports. A TRIBUTE BY JUDGE FENN. Yesterday morning, at Litchfield, there passed from week-day toil into Sunday rest, from work so consecrated that it was worship into eternal peace — as pure a soul, and as gentle, as ever parted from earth to enter heaven. One who speaks from a torn heart because he loved him living, and loved him dead ; one who met him in de- lig-htful social intercourse four days last week, (the last time on Friday), in seeming health, full of life and its interests, and to whom the telegram announcing his sudden death came with shocking agony, can neither be silent or speak with 1 calm, dispassionate utterance, in such an hour. Edward W. Seymour lies dead at the age of sixty, in the town in which he was born, and on the street where he has always lived. The oldest son of the late Chief Justice, Origen S. Seymour, he inherited the rare judicial temperament, the calm, candid, impartial judgment, the love of mercy-tempered jus- tice, so essentially characteristic of his father. Educated at Yale College, a graduate of the famous class of 1853, studying law in his father's othce, entering into partnership with him, early and fre- quently called to represent his town, and later his senatorial district in the General Assembly, a useful memlicr of Congress for four years, having in the meantime, by devotion to his profession, as well as by natural ability, become the acknowledged leader of the Bar in the two counties of Litchfield and Fairfield ; certainly it was the prin- ciple of natural selection which three years ago led to his choice as a member of our highest judicial tribunal — the Supreme Court of Errors of this State. While of his services upon that Court this is neither the time, or place, to speak with fullness, it has been the privilege of the writer to know them somewhat thoronghly, and be- cause of such knowledge he can the more truly bear wdtness to the rare sjiirit of fidelity to duty, to justice, to law, as a living, pervading and beneficent rule of action, with which, whether upon the bench hstening to, and weighing the arguments and contentions of counsel, in private study, in the consnltation room, or in the written opinions BIOGRAPIIICAI, NOTES ^Oj of the Court, which bear his name, the high duties of that great office have been sacredly discharged. When Chief-Justice Seymour died, Governor Richard D. Hubbard, in a pubhc address, declared : "I think we can all say in very truth and soberness, and with nothing of extravagance in eulogy, that we have just lost the foremost, un- deniabl}' the foremost lawyer, and take him for all in all, the noblest citizen of our State." If it be too much to say this of a son, whose years were almost a score less than those of the father, surely it is not too much to affirm that never did son tread more worthily in the footsteps of an honored parent, and never did untimely death break truer promise than this which has deprived our State of those years of ripened usefulness, which would have made the career of the son as fruitful in honor, and all good, and good to all, as that of the sire. But God knows best, and doubtless what is, is for the best. Certainly to him who lies crowned with the beautiude of Christ, upon the pure in heart, it is well. — Augustus H. Fexx. Picture oa page 130. Moses Seymour. Jr. was born in Litchfield on June 30th, 1774. He held the office of SheritT from 1819 to 1825. He gave little personal attention to it, being actively engaged in business, — and deputiz- ing his brother Ozias who was his deputy, to attend to the Court duties. He was for a while Postmaster at Litchfield. He gave the site on which the Court House is now located to the County to be used only for County purposes. He was a large landholder, and en- gaged largely in the ex- change and sale of real property. He died in Litchfield, May 8, 1826. (See Sedgwick's Address.) Origex S. Seymour, born in Litchfield February 9, 1804. grad- uated from Yale College in 1824, admitted to this Bar in 1826 and located in his native town in which he resided until his decease. August 12. 188 r. He frequently represented the town of Litch- field in the General Assembly and was elected Speaker of the House in 1850. In 1 85 1 he was elected to Congress and again in 1853. In 1855 he was elected one of the Judges of the Superior Court, which office he held eight years. In 1864 and 1865 he was nonii- 286 LITCHFIELD COL X TV ISKXCII AND BAR iiated for Governor by the Democratic Tarty. In 1870 he was elected a Judge of the Supreme Court of Errors and in 1873 was its Chief Justice, which office he held until retired by the Constitutional limitation of age in 1874. After his retirement he was engaged most of the time as a referee. The new code practice adopted by the Legislature in 1879 was prepared by a Commission over which he presided. He received the degree of L. L. D. from Trinity Col- lege in 1866 and from Yale, 1873. The obituary notice and tributes to his great worth published in the 48 Conn. Report are but faint expressions of the feelings of all of the legal fraternity and leading citizens of the State of Connecti- cut regarding this distinguished member of our Bar. The following obituary notice was published by the Xew Haven Register at the time of Judge Seymour's death : "This distinguished citizen of Connecticut died at his home in Litchfield, this morning, after a comparatively brief illness, in his 78th year. Possessed of a fondness for study, he prepared for college, and entered Yale at the age of sixteen, graduating in the class of 1824. His chosen pro- fession was the law, and by his assiduity and natural gifts he speedi- Iv arrived at the highest rank at the Bar. Though devoted to his profession he engaged astivily in politics, espousing the Democratic cause. He was a member of the House of Representatives of Con- necticut in 1842. 1843, 1849 ^i""^^ 185O' being Speaker in the latter vear. In 1851 he was elected to Congress from the 4th District, and at the expiration of his term was re-elected. In 1855 he be- came a Judge of the Superior Court, continuing in office until 1863. In 1870 he was promoted to the Supreme Bench. He was Chief justice from June 5, 1873, to February 9, 1874, when he became disqualified by reason of having reached the age of 70 years, and retired from the Bench, which he had greatly adorned. Upon his retirement from tiie Bench he resumed the ]iractice of the law, be- ing consulted in a great number of imjiortant cases. He served on various State Commissions, one of which was that appointed to settle the disputed boundaries between New York and Connecticut. His most important recent public duty was that upon the commis- sion to revise the Civil Practice in the State courts. Of this com- mission he was the chief part, and the report adooted by the com- mission, of which he is the reputed author, was ratified by the Leeis- lature and is now the established law of the commonwealth. The series of brilliant lectures delivered by him before the Yale Law School and members of the New Haven liar, in advocacy of the adoption of the revised civil practice, had much to do with its final adoption. Though advanced in vears he was elected a member of the House of Representatives of Connecticut in 1880. and was a con- trolling spirit in that body, although his usefulness was iiupaired latterly by ill health. Born of a family distinguished both in law and in politics. Judge Sevmour was one of its most brilliant scions. He was a cciusin of BIOGRAPIIICAI. XOTES 28/ Horatio Seymour of New York, a relative of Ex-Governor Thomas H. Seymour of Connecticut, and leaves behind him two sons at the Bar. Alorris W. Seymour of Bridgeport and Edward W. Seymour of Litchfield ; another son. Rev. Storrs ( ). Seymour is a prominent Episcopal clergyman in Litchfield. In politics Judge Seymour was a consistent, unflinching and earnest democrat. In religion he was an Episcopalian, being a devout and devoted Churchman. While Judge Seymour was prominent in all the walks of life, whether in church aft'airs, politically or socially, he will be chiefly remembered as a great lawyer and a good man. By his cjualities of mind and training he was specially fitted to ornament the Bar. His intellect was clear and cloudless ; he grasped the salient points of a controversy with remarkable ease and quickness ; in statement be was luminous, perspicacious and strong. His style of oratory was simple unornamental but pellucid and most convincing. Those who heard him argue a case were convinced in spite of themselves that Judge Seymour reasoned from internal conviction of the truth of liis cause and they felt that the argument flowed from his intellect as a logical sequence of established facts. Hence he was. while unrhetorical, a most persuasive speaker. By his death the Bar of the State loses its brightest luminary, his j^arty an able and efl:"ective, advocate, the church a pious and noble member, and society one who was amiable, gentle and afifectionate, and who loved mankind because he recognized in them something akin to divinity. \'iewed in every aspect his death must be regarded as a public calamity. That he will rest in peace needs no assurance. With such a noble life, such lofty aspirations, such a pure ]iurpose, and wdth such noble fulfillments of the promises of his early manhood, he leaves behind him a record which, while it is the honor and glory of his family, is also a delight and blessing to the public. Judge Seymour was a good and great man. He needs no further eulogy. His portrait is on page 210. OziAS Skv-AIol-r was born in Litchfield Jul\- 3, 1776, was a brother of ]\Ioses Seymour, Jr. He held the office of SheriiT from 1825, when he succeeded his brother in that office, to 1834. He was the father of the late Chief Justice Seymour. He died hi Litchfield. His picture is included in the Seymour group. AIORRis W". SEv:^rouR. son of the late Chief Justice Origen S. Seymour and brother of the late Supreme Court Judge, Edward W. Seymour, was born in Litchfield in 1842, was a member of the class of 1866 Yale, graduated from Columbia Law School in 1868 and was at once admitted to the Litchfield County Bar. Mr. Seymour be- gan practice in Bridgeport and was soon elected successively city clerk, citv attornev and corporation counsel. In 1881 and 1882 he was a member of the State Senate and was chiefly instrumental in establishing the State Board of Pardons of which he has been for many vears. a valued member. He has been lecturer on law at Yale 288 LITCIIFIKLD COL'XTV JiEXCII AND BAR University and has given especial attention to admiralitx' and patent cases in the highest courts of the nation. ^Ir. Seymour's summer residence is at the old homestead in Litchfield. ( )rigkx Storks Seymour, is a son of ^lorris W. Seymour, gradu- ated from Yale College in 1894 and from Yale Law School in 1896 and was admitted to this Lar in 1896. Is in practice in Xew York City. Frank W. Seymour, born in Colebrook in 1871, graduated from Yale College in 1892 from Yale Law School in 1894, admitted to this Bar in 1894. Resides in Winsted and is Judge of the Win- chester Town Court, and Judge of Probate of that district. James P. SiiEllEy was born in Torrington in 1859 and admitted to this Bar in 1889. Resides and practices at \\ insted. Has a large practice in Pension matters and Government claims. George F. ShElton was a native of Southbury, but was ad- mitted to this Bar in 185 1. He located at Seymour and soon be- came interested in extensive manufacturing operations in that town. He was very active in State Military matters and at one time held the othce of Major General. He was also very prominent in politi- cal affairs. He died at Seymour, C)ctober 17, 1902. George F. SiiEETon was born in Southbury and graduated from Yale College in 1877. He studied law in Woodbury and was ad- mitted to this Bar in 1880. His professional life has been in the Western States very much interested in railroad litigation. He is now in ])ractice in Butte, Montana, and is one of the counsel for Senator William A. Clark in his extensive mining industries. StI'I'IIEN SiiEi/roN was admitted to this Bar in 181 1 from Plymouth. Daxjiu, Sherman, of Wooclbur}-, born August 14, 1721, was perhaps the most distinguished man that had arisen in the town Ijrevious to his day. He was a descendant of Samuel Sherman, of Stratford wdio emigrated to this country from England, in company wdth his brother, Rev. John Sherman, and his nephew, Capt. John Sherman, ancestor of Hon. Roger Sherman. He was a justice of the (juorum for tw-enty-five years, a Judge of the Litchfield County Court for five years from 1786. For sixteen years he was Probate Clerk fnr the district of Woodbury, and Judge of that district for thirty-seven years. He represented his native town in the General Assembly sixty-five sessions, retaining the unbounded confidence of his fellow-citizens. This was b\- far the longest period of time any one has ever represented the town. He was a member of the Council of Safety from 1777 to 1781. He was a man of command- ing powers of mind, of sterling integrity, and every way qualified for the various public trusts confided to his care. He died at Wood- bury. July 2, 1799. full of honors, and was followed l)y the affec- BIOGKAI'IIICAL NOTES 289 tionate recollections of the inhalntants of the town among whom he had so long lived. (History of Woodbury). He was the an- cestor of Alajor-General William T. Sherman, and of Hon. John Sherman, AI. C. Roger Sherman, a signer of the Declaration of Independence in 1776, was born in Massachusetts, and came to New Milford in 1750. He was admitted to this Bar in 1754 and in 1761 removed to New Haven wdiere he lived until his death, July 23, 1793. See article on Signers of the Declaration, page 172. Oliver SkixxEk, born in Litchfield July 18, 1782, and admitted to this Bar in 1803. Richard SkixxER, LL. D. was born in Litchfield ^Irv 30th, 1778, the son of General Timothy Skinner and Susannah ^larsh, his wife. He was admitted to the Bar -in 1800, and removed to Manchester, At. At the deidcation of the Mark Skinner Library in that town July 7, 1897, the following sketch of Richard Skinner was given by liis townsman, Judge Loveland Munson : "It was in the year 1800 that Richard Skinner, then 22 years of age, and fresh from the Litchfield Law^ School, became a resident of Manchester and com- menced the practice of his profession. He was appointed State's Attorney for Bennington County in the second year of his practice, was elected Judge of Probate ior the District of Manchester five years later, and was continued in those offices until called to more important fields of service. He was a member of Congress from 1813 to 1815, three times chosen Governor of the State, a Judge of the Supreme Court of the State for eight years, the first Chief Judge of the Court as now organized. The esteem in which he was held is sufficiently attested by the fact that for twenty-eight years, and until his voluntary retirement, he was continuously in the public service." His death occurred in 3.1anchester May 23, 1833. Roger Skixxer was a brother of Richard Skinner, and was born in Litchfield June 10, 1773, and admitted to the Bar in 1793. He began practice in Litchfield but removed to the State of New York. He was Judge of the United States Court in the Northern District of that State. Roger S. Skixxer graduate from Yale College in 1813 and was admitted to this Bar in 181 6. Barzillai Slossox graduated from Yale College in 1791, was admitted to the Fairfield County Bar in 1793, and settled in Kent, where he died in 1843. (^See Boardman's Sketches). Toiix Slossox. a son of the foregoing was admitted to this Bar in 1801. Resided in Kent where he was a prosperous merchant. W'lLi.iAM Slossox was admitted to this Bar in 1800 from Kent. 290 LITCHFIELD COUXTV BENCH AND I!AR Aaron S:\eitii was a son of Gen. David Smith of Plymouth, grad- uated at Yale in 1790, studied at Reeves Law School and was ad- mitted to this Bar in 1793. In 1809 he located in Litchfield, where he held many official positions and died there in 1834. Chauxcey S:Mrnr, was a lawyer in Sharon in 1819, 1820. (Conn Reg.) Erastus Smith of Plymouth was admitted to this Bar in 1828, and located in Hartford about 1833 and practiced there for forty years. He died in 1878. James W. S.aiith admitted to this Bar in 1884. He went to- Kansas and practiced a few years and in 1895 returned to Winsted where he is now in practice. Joiix Cotton Smith, born in Sharon February, 12, 1765, graduated from Yale in 1783, admitted to this Bar in 1786. He located in his native town where he died December 7th, 1845. His whole life was one continual employment in pub- lic official capacity, was rep- pesentative in Congress four terms ; Judge of the Superior and Supreme Courts of Con- necticut ; Governor of Con- necticut 1813 to 1817. It is impossible in this brief state- ment to mention all of his other positions. A memorial biography of his life was published. See Boardman's Early Lights. John Cotton S.mitii, Jr., l^orn in Tivoli, X. Y.. graduated from Yale in 1830, admitted to the Bar in 1832. He resided in Sharon and is known much better as a politician than lawyer. He held a very influential position in the Democratic party for many years. He died at Sharon. November 21, 1879, aged 68 years. Joseph L. S:miTh, born in Xew Britain, Conn., ^lay 28, 1776, located in Litchfield about 1802, where he practiced until the war of 1812. He married one of Ephriam Kirby's daughters. In con- sequence of the active part he took in the 6th of August Festival 1806, he lost most of his practice. He was appointed by the ad- ministration a ]Major in the war of 1812. remaining in service till 1818, when he removed to Florida. From 1823 to 1827 he was a Judge of the L^nited States District Court for Florida. He died at St. Augustine Alay 24, 1846. Gen. Ephriam Kirl^y Smith who- was the last Confederate General to surrender his command was a descendant of the above. BIOGRAPHICAL XOTKS 29 1 Junius S:mitii was a son of Gen. David Smith antl a brother of Aaron Smith, born in Plymouth October 2, 1780. He graduated at Yale College in 1802, and then attended the Litchfield Law School, and was admitted to the Bar and began his practice in New Haven, but soon became interested in mercantile business which necessitated his removal in 1805 to London, England, and in which he was engaged until about 1832. During this period Robert Fulton had demonstrated the practic- ability of using steam for propelling vessels and Smith conceived the idea that steam could be used in ( )cean Navigation. It was a preposterous scheme at that time. The little l)oats would move on narrow rivers outside of waves and winds but on the broad bosom of the ocean Neptune's power could not be withstood, and Smith's efforts were laughed at as fancies of an idle dreamer. He per- severed, however, after many rebuffs both in Eugland and America some of which were strangely laughable ; he succeeded in chartering a trial vessel but no one would take any stock in his building one. After six years the Sirius- a small craft of seven hundred tons steamed out of the harbor of Cork on April 4, 1838, bound for America or as the papers of the day had it for destruction, but in nineteen days steamed into the bay of Xew York. The arrival of this craft under steam in New York opened the new era of commerce and it was not long before a company was formed and a new steamship called the British Queen was built and soon Smith received great honors, Yale College adding an L. L. D. to his name. He subsequently bought a plantation in South Carolina and be- gan the culture of the tea plant which he imported from China, and proved the possibilitv of growing it successfully in the United States. NathaxikIv S:\nTn was born in 1762, within the limits of the present town of Washington, then a part of Woodbury. He com- menced life a farmer and cattle dealer, with scarcely the advantages of a common education. Such, however, was the impulse ''f his powers, he surmounted all obstacles. Studied law with Ei^hraim Kirby and Judge Reeve, at Litchfield, and was admitted to the Bar in that county in 1787. He commenced the practice of law at Woodbury and rose more rapidly to the highest grade of his pro- fession than almost any other man has done. His powers of thought and elocution gave him almost unlimited dominion over his audience. He was a member of the House of Representatives in the State Legislature October 1789, October 1791. May 1792. Oc- tober 1794 and May 1795. In 1797 he was elected a representative from this State in the Congress of the United States. Having served in that capacity two terms he declined a re-election in 1801. In 1802. he was elected to the Council or Upper House of the Legislature of this State; a situation he resigned in 1804. In 1805, he was appointed States Attorney for the County of Litchfield, and 292 LITCIIFIKLD COUNTY BEXCII AND BAR Jiulg-e of the Supreme Court, in October, 1806. In the latter of- tice he continued until 1819. He died March 8th, 1822. Xatiiaxkl B. Smith, born in Woodbury December 1795, gradu- ated from Yale College in 1815 and admitted to this Bar in 1818. He began practice at New Haven but soon removed to Woodbury. He continued in practice only a few years. He died in Woodbury. Col. Xatiiaxl;l S:mitii, a son of Nathaniel B. Smith, born in A\'oodbury in 1831, admitted to the Bar. Never engaged in the ])ractice of law and during the rebellion was appointed Major of the 19th Conn. Infantry and was promoted to be its Lieutenant Colonel, resigning therefrom for disability May 6, 1864. He died at Woodbury August 26, 1877. Nathax S-MITji was born in Roxbury in 1770 and was admitted to this Bar in 1792 and located in New Haven. He became one of the most celebrated lawyers in the State, and had a very extensive business. He was United States Senator and died while holding that position in the City of Washington, December 6, 1835. Perry Simith was born in Washington, Conn., studied law at the Litchfield Law School and was admitted to the Bar in 1807 and settled in New Milford, where he died in 1852. He was a United States Senator for six years from ]\Iarch 4, 1837. I'liixEAS S:\[iTii, Jr. was a younger brother of Hon. Truman Smith, born in Roxbury, graduated from Yale College in 1816, ad- mitted to this Bar in 1818 and removed to A'ermont, where he died. Richard Smith was born in Roxbury in 1769, graduated from Yale College in 1797, admitted to this Bar in 1801 and died in 1805. Richard S.ahtii, a native of Sharon graduated from Yale Col- lege in 1825, admitted to the I'.ar in 1830, died in Sharon. December 21, 1878, aged 76. Trl':m.\x Smith was a son of Phineas and Deborah Ann (Jud- son) Smith and \\-as born in Roxbury, Conn, on the 27th of Novem- ber. 1791. Mr. Smith gratluated at Yale College in the class of 1815. was admitted to the Bar in 1818, and located in Litchfield where he re- sided until 1854 when he removed to Stamford, residing there until his death. May 3rd, 1885. Two of his uncles, Nathaniel Smith and Nathan Smith had at- tained fame and rank at the Bar and in ])ublic life, and it seems natural that Truman Smith should be a successful pTactioner and ])e honored with many political otlices. He was a member of the State Legislature in 1831, 1832, and 1834. He was a member of the 26th and 27th Congress ( 1839-43) for the 5th District and of the 29tli and 30th ( 1845 to 1849) for the 4th District. He was BIOGRAPHICAL XOTES 293 chairman of the National Committee in tlie Taylor campagin and offered a seat in the Cabinet which he declined. From 1849 to 1854 he was a member of the U. S. Senate. This honor he resigned and opened an office in the city of Xew York, and continued in practice there until the i6th day of May, 1871, when he handed over all his lousiness to a younger lawyer. Cephas Brainerd. retaining in his own hands but two cases, known as the Lockwood and the Humaston cases. President Lincoln appointed Mr. Smith Judge on the part of the United States of the Mixed Court at New York, established under the treaty of 7th of April, 1862, with Great Britain, and he held that position until the abrogation of the treaty in 1870. At the Litchfield School where he acquired the preliminary knowledge of his profession, he was under the instruction of Tap- ping Reeve and James Gould ; and among his fellow students were John ]\L Clayton of Delcware and John Y. Mason of Virginia. Upon entering Congress, ^Ir. Smith at once took a prominent position. He was a member of the Committee to which were finally referred some of the questions arising in regard to the famous Xew Jersey Election case and he drafted the minority report upon that case. This the majority in Congress refused to print, i)ut it was printed in Xew Jersc_\- and largely circulated. His associates in the minority report were Millard Fillmore, John ]\Iinor Botts and Ben- jamin Randall. The discussion was conducted with the greatest acrimony and John Ouincy Adams in his Diary says, "Mr. Smith made a speech of three h(iurs in answer to Fisher's most disingenuous speech." It was 'Sir. Smith's habit all through his Congressional career to discuss /// cxtciiso some of the more important measures pending in the various sessions, and these speeches he always circulated among his constituents, his feeling being that they ought to know from the printed speeches as well as from the votes of their repre- sentatives what they were actually doing and saying in Congress'. Mr. Smith was deeply interested in legislation looking to the improvement of the means of communication in the country, hence he was exceedingly active in regard to the construction of the Sault Ste. Marie canal. Perhaps it may be safely said that the initiation and construction of the canal was more due to him than to any other one person. One of his last speeches in the Senate was in advocacy of a railroad and telegraph line connecting the two oceans. Shortly before he resigned from the Senate he made his speech famous at that time and since, in reply to Douglas and against the repeal of the ^Missouri Compromise. Mr. Smith came to Xew York at the age of sixty-three, probably too late in life to attain at that Bar a success correspondent to his talents and learning. The most important case which he conducted there was Lockxvood vs. The N. F. Central Railroad which is re- ported in 17 A\'all. 321. J'he question presented was whether it :294 LITCHFIELD COUNTY DLXCII AXD CAR was competent for a common carrier to secure exemption from liability for neglig-ence by a stipulation in a ticket to that effect. The particular action was in favor of a drover who was taking cattle over the road under what was called a drover's pass. The courts of New York had decided in favor of the exemption. Mr. Smith's action was brought in the United States Circuit Court and Air. justice Smalley overruled the defense and the jury returned a ver- dict for $25,000. This verdict was set aside by Mr. Justice Nelson on appeal as excessive. The case came on for a second trial before Mr. Justice Woodruff' who also overruled the defense and the jury found a verdict for $17,500. The case was then taken to the Supreme Court of the United States and argued on the 15th and lOth of January, 1873. ■^^^• Smith attended upon this argument and opened the case in an ad- dress of an hour on behalf of the respondent. He argued the case upon a most elaborate brief which examined all the authorities bear- ing upon the question and it was most carefully reasoned. The Su]:)reme Court, speaking by Mr. Justice Bradley, sustained the judgment below and a most elaborate opinion was written; in fact this is the leading case upon the subject in this country today. The other case which Afr. Smitli retained in his hands, the Humaston case, was tried before a jury, beginning on November 15th, 1 87 1 and continuing for thirteen days. This suit was against the Western Union Telegraph Company. Mr. Smith had as his opponents John K. Porter, George Gifford, Grosvenor P. Lowry and Charles Francis Stone. It involved first, a very important question respecting the interpretation of the contract between the parties and, secondly, the value of the inventions under discussion over and above the cash which had alreadv been paid upon them. Mr. Smith opened the case in an address of two hours in which he explained in detail the various inventions for the transmission of messages by telegraph and the case proceeded. Mr. Smith was alone in the case save only a young assistant whose chief business was to read papers and extracts from authorities. During the progress of the case the question of the construction of the instument arose and was argued at length, Mr. Smith occu- pying practically an entire da\', under the suggestions of the pre- siding Justice, in developing his view of the case. The presiding Justice afterwards remarked that considering Mr. Smith's age. it was the most remarkable exhibition of physical and mental power he had ever witnessed. The case was closed and the jury went out about six o'clock on the 13th day of the trial. Judge Porter having occu]:)ied the first part of the day in summing up for the defense and Mr. Smith the latter part in summing up for the plaintiff. The jury found a moderate verdict in favor of the plaintiff for $7,500. The Humaston was a remarkable case in that Mr. Smith, wlin became eighty during the trial, was able to stand that amount of work without exhibiting any diminution of force at any thne during BIOGRAPHICAL XOTES 295 the trial. That case also went to the Supreme Court of the United States and was argued there on the 30th of ]\Iarch, 1874, Air. Smith closing" the argument. That court however sustained the ruling of Judge \\'oodruft' on the interpretation of the contract, and defeated Mr. Smith. Air. Smith was very effective before juries, his commanding presence and voice, his great moral force, his readiness in retort, his wit, his courage and his capacity as an actor and his elaborate preparation made him a very dangerous adversary. Always a believer in the essential doctrines of Christianity, as taught in the churches of Xew England, late in life he became a communicant in the Presbyterian Church of Stamford. Wellixgtox B. S:\iiTir. born in Xew Hartford June 3, 1856, was admitted to practice at this Bar in 1877. He resides and prac- tices in Winsted, Conn. He was a member of the Constitutional Convention in 1902. He was for many years a prosecuting agent for Litchfield County engaged in the suppression of the illegal sale of intoxicating liquor and was the moving spirit of the licjuor trials a brief account of which can be found on page 155. He has repre- sented the town of Winchester in the Legislature and was on Governor Chamberlain's Staff as Judge Advocate holding the rank of Colonel. His portrait appears on page 158. SA:\irEL J. SouTiiMAVi), a native of W'atertown studied in the Litchfield Law School and admitted to the Bar in 1795. Practiced in W'atertown, where he died in 1813. ( See Boardman's Sketches.) Le:^iax B. SpkaguE was a native of Salisbury and was admitted to the Bar in 1841. He soon after located in Woodbury and died there August, 1845. RuFus StaxlEY. of Litchfield, admitted in 1790. Setii p. Staples, graduated from Yale in 1797, admitted to this Bar in 1799, located in Xew Haven, where he died in 1861. DaxiEL Starr, born in Xew Alilford, admitted to the Bar in 1800. Died May i, 1826. AxsEL Sterlixg. born in Lyme, 1782, admitted to this Bar in 1805, located in Sharon in 1808, where he died Xovember 6, 1853. (See Sedgwick's Address). Elisiia Stereixg, born in Lyme, graduated from Yale in 1787, admitted to the Bar in 1790. in the following year located in Salis- bury, where he lived until his death in 1836. (See Boardman's Sketches). ToHX AI. Sterlixg, son of Gen. Elisha Sterling, born 1800, in Sali'sburv, graduated at Yale in 1820. Admitted to the Bar in 1823. 296 LITCIII-IKI,!) CUL'XTV i;i;XCll AND BAR In 1827 he removed to Cleveland, Ohio. Was a noted anti-slavery reformer. He died in Philadelphia in 1880. Hexrv \\'. Sti-vEXS. admitted to the Bar in 181 1 from Canaan. Tames StevivXS, born in Stamford in 1768, admitted to this Bar in 1797. located in his native town where he held many public of- fices and was elected to the 16th Congress. Died April 4. 1835. Bexjamtx Stii.es, a native of Sonthbury. g-raduated from Yale in 1740. Practiced law in his native town of Southburw Bexja:mix'' Stiles, Jr. was born in Southbnry, August 28, 1756, graduated from Yale College in 1776, was admitted to this Bar in 1781, and practiced in Woodbury, having a very large office practice. He died July 12, 18 17. EiJAKi.M S. Stoddard, Jr., admitted to the liar in 1847 fi''^iTi Sharon. Died in Sharon Ala>- 14, 1865, aged 42 }-ears. Hexrv Stoddard was a native of \\'oodbury and born in 1786. He was admitted to this J5ar in 1815, and began to ])ractice in Kent. In 1818 he left Kent and went "west" with George 1]. Holt of Norfolk, a young member of this Bar who became so distinguished in his later years in Ohio. They journe\'ed on horseback till they reached Dayton, Ohio, then a little village of five or six hundred inhabitants. Here they located. Holt to become an honored Judge and citizen, and Stoddard a millionare. RoBP.ixs B.\TTELE Stoeckel of Norfolk was born in Xew Haven in 1872, fitted for college at Hopkins Grammar School, graduated from Yale with honors in class of 1893 and Columbia Law School two years later being admitted to the Litchfield Bar in 1896. Mr. Stoeckel resides and practices in Norfolk where he has been Judge of Probate for several years. CoE. Ar.oxijAir Stroxt,, Judge Church says, "He was unique in genius and manner, of large professional business, sound practical sense and many anecdotes of his sayings and doings are still re- membered and reported in the County." The following vote appears upon the Bar Record : "At a Bar meeting; Deer. Term 1804 the following resolution was passed unan- imously viz. That Adonijah Strong, Esqr. on account of his great emminence as a lawyer and eloquence as an advocate be considered as a member of this Bar for the purpose of instructing students, although he shall not continue to practice. Attest Amos Benedict, Clerk.'' (See Warner's Reminiscences.) JoTTX' Stroxc, Jr.. born in Woodbury December 31, 1786, gradu- ated from \'ak' College in 1806 and admitted to this Bar in 1808. He opened an office in Woodbury and continued in the active dis- charge of his professional duties till his death in November, 1834. FRANK li. TURKIXGTON BIOGRAPHICAL XOTES 297 Few men have occupied a hii^her place in the confidence and af- fections of the community. Was Judge of Probate and represented the town in the General Assembly a number of years. Jedediaii Strong, born in Litchfield, Connecticut in 1738. grad- ated from Yale College in 1761. He represented his town in the General Court for thirty sessions. Was a member of the Conti- nental Congress and Secretary of the Convention which adopted the Constitution of the United States. He died in Litchfield in 1802. Martin Stroxg, a son of Col. Adonijah Strong, admitted to this Bar in 1801 and located in Salisbury. He was Judge of the County Court and one of its most active magistrates. (See Sedg- wick's Address). TiiEROX R. Strong was a son of Hon. Martin Strong, born in Salisbury in 1802, admitted to this Bar in 1823. He located at Rochester, X. Y. He was a member of Congress in 1839 and a Judge of the Supreme Court of New York, 1851 to 1858, and after- wards a Ji-^tlge of the Court of Appeals. He died in Xew York City. 1873. Cyrus Swan was a native of Stonnington, studied in the Litch- field Law School and admitted to the Bar in 1798. He settled in Sharon and died there in 1835, aged 65. ((See Sedgwick's Ad- dress). BENjA:\nN Swift, admitted to the Bar in 1802. Heman Swift, admitted to the P>ar in 1819 from Kent. Milton H. Swift, a native of Kent, admitted to the Bar in 1838. Removed to Ottawa, Illinois. JahEz Swift. Judge Church says of him, "He was the first law- yer ever settled in Salisbury and was a native of Kent. He; built the stone house of Town Hill. Upon the breaking out of the war of tlie Revolution he joined the army m Boston and there died." George E. TaFT, born in Sheffield, Mass. November 4th, 1854, admitted to this Bar in 1883 and soon after located at Unionville in Hartford County, where he is now in practice. Has been a member of the School Board there and Judge of Probate. Ror.ERT S. TiiAREN was born in Lebanon in 17 14 and upon the formation of the County in 1751 was in practice at New 2^Iilford. He died January 9th. 1786. (See Boardman's Sketches). John Q. Thayer was admitted to this Bar in 1869 and after practicing a short time in New Milford he removed to Meriden, Conn., where he is now in practice. He served four years in the Civil War, 1861. and in 1899 was Judge Advocate of the Depart- ment of Connecticut G. A. R. 298 LITCHFIELD COUNTY BLXCII AND BAR JamLS Tiiompsox was born in Woodbury. March 4, 1767, gradu- ated from Yale College, 1789, and was admitted to this Bar in 1791. He settled at New Durham, X. Y. About 1800 he left his profession and entered the Episcopal Ministry. He died August 18, 1844. JuDSOX B. Tiio:mpsox, admitted to the Bar in 181 1. HkzEkiah TiiOMPSox was born in Xew Haven in 1734. studied law in Stratford, and was admitted to the Bar in Litchfield in 1763. He located in \\'oodbury. Died May 1803. "He stood well as a lawyer and magistrate, and was a gentleman of the old school." 6th Conn. Reports. Martix H. Tieomas. admitted to the Bar in 1808 from Salisbury. Jl'dsox B. Tiio:\[as was in 1810 in Colebrook. Admitted to the Bar in 1808 from Salisljury. F. R. TiFFAXV, admitted to the Bar in 1879. George Tod. graduated from Yale College in 1795 and admitted to the Bar in 1797. Olix'ER a. G. Todd, born in Plymouth October 18 12. admitted to the Bar in 1833. practiced law in \\'aterbury. Litchfield. Xew Mil- ford and Danbury in which latter city he died August 14. 1886. David Tolmax, admitted to this Bar in 1792 from Woodbury. L'riaii Tracy, appointed States Attorney, 1794 to 1800. He was born in Franklin, (now X'orwich), Conn., February 2, 1755, and graduated at Yale College in 1778, and read law with Judge Reeve at Litchfield, where he was admitted to the Bar in 1780, and settled in that town where he rose to a high eminence in his pro- fession. He was very largely engaged in duties of a public nature, and often represented his adopted town in the Legislature, and was Speaker of the House in 1793. Was a representative in Congress from 1793 to 1796. when he entered the Senate and was a meml^er until his death in 1807, serving part of the time as President pro tcin. He died at Washington, D. C. July 19. 1807. and was the first person buried in the Congressional burying ground. A:\ros S. Treat, born in Bridgewater. February 5. 1816, ad- mitted to this Bar in 1843, i^racticed in Fairfield County and died at Bridgeport A])ril 24. 1886. Selah B. Treat. 1). D., born in Hartford Februarv 19. 1804, graduated at Yale 1824. admitted to this Bar in 1826. Practiced at East Windsor and Penn Yan, X^ew York. In 1835 ^""^ entered the ministry and was Secretary of the American Board of Commission- ers for Foreign ^lissions manv Acars. Died at Boston, March 28th, 1877. y^. •^^ ]',ioGRArniCAL NOTES 299 Fraxk H. Turkixc.tox, the present Sheriff of the Countv, was born in ^Morris, then a part of Litclifiekl, June 11. 1854. Receiving a common school echication, he associated with his father in an ex- tensive cattle and stock buying business, and Ijutchering for the wholesale trade at East Morris, carrying their meats mostly by teams to Waterbury, Conn. He was very much interested in politi- cal affairs, and represented his town in the Legislature twice — al- though he was a Republican in a strong Democratic town. In 1906 he was elected Sheriff". He is also a farmer on a large scale, owning more arable land wiiich he successfully cultivates than an_\- other person in Litchfield County. Joiix' S. TuRRiLL was born February 8, 1825, attended Law School at Balston Springs, X. Y. and was admitted to this Bar in 185 1. Located in New Milford, enjoying a large practice until his death, July 19, 1889. He was one of the Committee wdio prepared the Revision of the Statutes of 1875. StepiiKx Tavixixc, graduated at Yale College in 1795, was ad- mitted to this Bar in 1797, located at Xew Haven, where he died in 1832. He was Steward of Yale College from 181 9 to 1832. CtiarlkS TltTi.K, admitted to the Bar in 1856 from X^orth Cole- brook. XoAH Wadiia:ms, a native of Goshen, studied law at Litchfield Law School and was admitted to the Bar in 1793. Removed to Pennsylvania and was admitted to the Bar of Luzerne County, Pa. in 1800. Albert W'auiia.ms. born in ^lassachusetts June 19, 1819, gradu- ated at Xorwich University, \^ermont, and was admitted to the New York Bar. Removed to Goshen and began the practice of -law about 1865. He died in Goshen, May 1884. George W'adsworth, born in Litchfield, was admitted to this Bar in 185 1. He located in Buft'alo. N. Y.. where he died March 19, 1907, aged yy. Frederick T. Wallace, admitted to the Bar in 1844. Tiio^rAS J. Wajj.. born in Torrington. February 19. 1879. Grad- uated at Yale Law School and was admitted to this Bar. June 26, 1906. Practices in Torrington. and he writes me that he is kept very busy between law-book agents and mercantile collection agencies. Arthur D. W'arxer. born in Southbury August 2, 1848, ad- mitted to this Bar April 1872. After eleven years practice at West Cornwall he removed to Woodbury, where he is now in practice. He was Judge of the Court of Common Pleas for this County one term of four vears. 300 LITCHFIELD COUXTV I3KXCII AND BAR DoxALi) J. W'arxer. born in Salisbury September 15. 1819, was admitted to this Bar in 1843. settled at Salisbury, where he de- ceased ]May 31, 1904. He was Judge of the District Court and Court of Common Pleas eight years, and until he was retired by reason of Constitutional linntation of age. His adress on the oc- casion of the Centenial Celebration in Litchfield 1898. was exceed- inglv interesting and a considerable portion of it is included in this compilation. Donald J. Warxlr, son of Donald T. Warner, and grandson of Judge Donald \\'arner, was born in Salisbury July 24. 1885. Grad- uated at Yale College in 1905. and from the Law School 1908, when he was admitted to this Bar. DoXALi) T. W'arxkr, son of Judge Donald J. Warner, was born in Salisbury December 15, 1850. Was admitted to the Bar in 1873. He resides in Salisbury, and has held the office of States Attorney since 1896. In 1902 he was a leading member of the Constitutional Convention of Connecticut. He was a. member of the State Senate in 1895 ^"tl 1897, in which latter year he was chairman of the Judiciarv Committee. Lv:\iAX F. Warner, a native of Roxbury, admitted to the Bar in 1848 and removed west. ]\IjlT()X J. Warxkk was born in Salis])ury. graduated from Wil- liams College, was admitted to this Bar September. 1867. and located at Waverly. X. Y. Afterwards removed to Santa Fe, Xew Mexico, whcr he died. Tiio:mas G. WATHR^iiAX, a native of Salisbury studied law with Gen. Elisha Sterling and was admitted to this FJar in 1809. He be- came a prominent member of the Bar in Binghamton, N. Y.. where he died in 1861. Author of Waterman's Digests. DorcLASS Watsox'^, born Alay 12, 1821 at Canaan, admitted to the liar in 1845. Daxiiu. F. \^'H^STKR. born in Litch.field March 14, 18^3. gradu- ated from Dartmouth College in 1874 and admitted to this Bar in 1876. Located and ]:)racticed in Watcr])ur\- imtil his death in 1896. FrI'DI^kick C. Wlbstkr. born in Litchfield October 17. i8so. Graduated from Yale College in 1874 and was admitted to the Bar in 1876. Practiced law in Litchfield a short time, then removed to the \\'est. He resides at Missoula, Montana, of which city he has been ^^lavor. He is nf)w a Judge of one of the Districts of that State. GiDi'.dX TT. Wi'LCir, born at East Haddam, Conn., Sentember 22, 1844. Graduated at Yale College 1868, and from ^'ale Law School in 1870. and immediatelv located at Turringtnn, succeeding the late FREDKRTC M. AVIIJJA:\rS BIOGRAPHICAL XOTKS 301 S'i^'Vv Henry S. J5arbour, Esq. He had a lucrative ]M-actice, and held numerous town othces and represented the town in the General As sembly in 1881 and the District in the State Senate in 1897. I" 1897 upon the appointment of Judge Roraback to the Superior Court he was appointed by the Governor. Judge of the Court of Common Pleas, which action the Legislature confirmed for another term of four years, and is now (1907) in office. Picture on page 141. Ralph Wklls, admitted in 1813 from Hartford. Francis W. Wkssklls. admitted in 1870. Resides in Omaha, Neb. Samull Wkt:\[()rk, admitted in 1803. N. WetmorL, admitted in 1808. Lk\'lki:ttk W. Wessiuj.s was born in Litchfield in 1819. Held the office of SheritTt' for twelve years from 1854 to 1866, succeed- ing Hon. Albert Sedgwick,, under whom he was a Dep- uty Sheriff for nine years. Was 1^3St Master of Litch.- field. 1850 to 1854, a repre- sentative in the General Assembly in 1879 and again in 1887, was Quarter Mas- ter General of the State in 1879 '^"'-^ 1880. Jn 1862 he was commissioned a Col- onel by Governor Ijucki'ng- ham and by his skillful management organized the , . J 9th Lifantry Regiment, afterwards the 2nd Connec- ticut Heavy Artillery. This was a Litchfield County Regiment and won a leading record for its valor in the war of the Rebellion. Col- onel Wessells resigned his commission by reason of ill health in 1863 and was immediately appointed Provost Marshall of the Fourth District of Connecticut which office he held until the close of the Rebellion. "To his old friends in the Commonwealth and beyond its limits the thought that they are to see his face no more must needs be a sad one : but to him the end came as a happy release from the house of pain. He had lived beyond all expectation and filled the measure of his years, had done a man's work in the world, and long since assured for himself an honorable place in the remembrance of his town and State." He died at Dover, Del. April 4th. 1895. 2,02 LITCIIFIF.I.D COUXTV BENCH AND HAR Georc.Iv Wheatox, of Cornwall, — The tV>llo\vini^- is the notice of his death from a connty ne\vsi)aper : "George Wheaton. Esq., the oldest and one of the most respected members of the Litchfield County Bar, died at his residence in Corn- wall, on Friday evening, Nov. 24th, 1865. He was born in East Haven in 1790, and was, therefore, in his 76th year. He removed to Salisbury about 1810 where he studied law with Judge Church, then a practicing lawyer. He was admitted to the Bar in 1813, when he made Cornwall his place of residence. Air. \\n'ieaton w^as a well- read, exact lawyer, a prudent business man, and a close reasoner. He was a valuable man in tow^n affairs, and enjo\ed the respect and confidence of his fellow-citizens. He had long been a member of the Congregational Church, and he was known and beloved as a consistent Christian. His funeral was attended at Cornwall last Sunday by a large number of people, among whoiu were many of the prominent members of the Litchfield and Fairfield County Bars.' JosiHA W'rriTXKv, — He was one of the early settlers of Xorfolk coming there from Canaan. He was a lawyer and 'was first King's Attorney of the new County in 175 1, appointed thereto by the new County Court. He was very prominent in town affairs in Norfolk imtil about 1763 when it is said that he removed back to Canaan. 1 sup])osc him to have been the same Joshua Whitney who served from Canaan all through the Revolution and was a "Leftenant." SoT.o.Mox \\'niTXKY, from Canaan admitted to the Bar in I7'^>3. CiiARi.KS \\'iiiTTLESEY, boru in Salisbury, graduated from Wil- liams College in 1840, admitted to this Bar in 1844. Began practice in Cheshire, removed to Middletown and in 1855 to Hartford, Conn. Was v'^tates Attorney for Middlesex County for six years. Was Captain of Campany I 22nd Conn. \'ols. He died in Alexandria, \'a., in 1874. ]{i,isirA AViriTTLESEv, a native of Washington, was admitted to this I'.ar in 1781 and soon removed to the Connecticut Reserve. In 1823 he was elected memljer of Congress which position he held for eighteen years. In 1841 he was appointed Auditor of the Treasury for the Post Office Department and in 1841) first Comptroller of the Treasury of the L^nited States. ]\oc.i;i< WiiiTTEESEv, born in Xcwington, 17(^)7, graduated from Yale in 1787: studied at the Litchfield Law School and was ad- mitted to the ISar in 1790. He practiced at Southington and died there ( )etober 5, 1844. Tiro^FAS T. Wiin"i'i.i:si'A'. born in 1794, graduated from Yale College in 1817; admitted to this liar in 1820. He located in Dan- bur\-. He was re]M-escntative in Congress in 1827 and 1829 and died in 1868. go\'f:kxor orj\T;R wolcott BIOGRAPHICAL XOTES 303 Edwix a. White, born in Cornwall, grradnated from Wesleyan University ; admitted to this Bar in 1882. Removed to the Stato ■of New York and after a practice of a few years abandoned the law and became an Episcopal Clergyman. He is now in Bloomfield, X. J. He is the author of a standard work on Episcopal law and is en gaged in codifying the Church laws of the State of New Jersey. Hubert W'ilija.ms was born in Salisbury, September 10, 1853. Graduated from Columbia Law School in 1873 • ^^as admitted to the Bar in 1875 ^^^^1 resided in Lakeville. his native town. He was Post Master in that village a number of years. He died suddenly September 24, 1906. Frederic M. Wilijams. born in Washington. Conn., November 2y, 1862. He prepared for college at the L'pson School in New I'reston and graduated from the Yale Law School in 1887; ^^-'-^ studying with Hon. Simeon E. Baldwin. He was admitted to the New Haven Bar in 1887 and later moved to New Milford. He has lieen very prominent in the affairs of his town and is a most efficient I'rosecuting Agent for Litchfield County. William G. Williams, born in Stockbridge, Mass. Admitted to this Bar in 1800 and located at Sharon until 1809 when he re- moved to New Hartford, where he died in 1838, aged 59. Thomas Wilcox, admitted in 1799 from Canaan. Andrew B. Wilsok, admitted in 1865 from Cornwall. Practiced a short time at Newtown and removed to Bridgeport, where he en- gaged in manufacturing. Gex. Oliver Wolcott was the first Sheriff' of the County, hold- ing the office for more than twenty years. (See articles on Signers of the Declaration on page 174.) Oliver Wolcott, Jr., L. L. D. was born in Litchfield January II, 1760, and was the son of Oliver Wolcott, the Signer of the Declaration of Independence. At the age of thirteen he was pre- pared for and entered Yale College, but by reason of taking fre- quent vacations to go into the Revolutionary Army, did not gradu- ate till 1779. He was admitted to this Bar in 1781. His whole life was devoted to the public service and affairs. He was suc- cessively Comptroller of this State, Auditor and Secretary of the L'nited States Treasury. Judge of the United States Circuit Court, President of the Bank of America, President of the Constitutional Convention of Connecticut, and Governor of his native State from 1 8 17 to 1827. He was one of the most illustrious statesmen of the early days of the Republic, the intimate friend and adviser of Wash- ington, Adams and Hamilton : and for some time previous to his decease in New York. June 2, 1833, he was the last surviving mem- ber of Washington's cabinet. The departure of few men from the world ever produced a more deep and general feeling of sorrow. 304 LITCHFIKLD COUXTV BENCH AND UAR DaxiKIv \\()oi), admitted in 1799 from Sharon. Joiix WoODBRiDGi:, Jk., admitted in 1851 from New Hartford. EzEKiKL Woodruff, a native of Farmington, graduated from Yale in 1779 and was admitted to this Bar in 1781. He located at Middletown and in 1789 removed from the State. Gkorc.F C. Woodruff was born on the first day of December, 1805 in Litchfield in that part of the town which is now the town of Alorris. He was the eldest son of Maj. Gen. Morris Woodruff, who was for 11 years a Judge of the County Court. George C. graduated at Yale in 1825, studied law at the Litchfield Law School under Judge Gould and w^as admitted to this Bar in 1827. He soon located in Litchfield where he resided until his death on the 21st day of November, 1885. He took a leading position at the Bar of Litchfield County, gradually rising until he became its acknowledged head and was chairman of the Bar Association for many years. In his early life he was daily thrown into conflict with those giants of the profession — the two Churches, Huntington, Bacon, Smith and others of their able contemporaries. He held almost every otlice of the town and county — justice of the peace, grand juror, postmaster, town treasurer, town clerk, bank director and president, clerk of the superior court, Colonel in the Militia, member and clerk of the Gen- eral Assembly, judge of probate, member of the Thirty-Seventh Congress — the duties of each in turn performed with that rigid ex- actness and scrupulous integrity which marks the perfect man. To him the state at large owes many of the best features of the revision of our statutes adopted in 1875. As a lawyer, Mr. Woodruff was prominent in those branches where certainty is possible. It was in the trial of questions of law, tlic dryer and more abstruse the better that his most consummate skill was shown. In the Supreme Court of Errors not infrequently his entire argument was written out with tile most ])ainstaking care. In whatever relation of life one looks at him as citizen, as neigh- bor, in private life or public station, as counsellor or judge he was one of the best products of our American civilization. (Condensed from obituary in 54, Conn. Report). Gforc.f M. Woodruff was a son of Hon. George C. Woodruff of Litchfield and enjoys the distinction of being, through his father and motiier, a member of the only two families in the county who have for three successive generations practiced before its courts. In fact it might be said for four generations as Mr. Woodruff's grandfatiier on one side was county judge and on the other sheriff. He was born in Litchfield, 1836 and has been extremely active in state as well as town affairs. He prepared for college at Phillips Academy, Andover, graduated at Yale in 1857. the Harvard Law School in 1859 and was admitted to the Litchfield Bar in the same year. He was in the Legislature in 1863, 1865 and 1872, serving P.loCKAl'IIUWr. NOTES ^05 on the Judiciary Committee the first two terms. lie was town treas- urer 1866 to iyo6 and Judge of Probate since 1868 with the ex- cejition of one year. He was one of the state railroad commissioners from 1874 to 1897 and chairman of the Board from 1875. ^^r. WoodrulT was commissioner for this state to the Universal Ex- position at Hamburg- in 1863 and a member of the State Board of education from 1865 to 1877. He is an active member and Deacon in the Congregational church and has been president of the Savings Society since 1885. He is also president of the First National Bank and Xice-President of the Colonial Trust Company of W'aterburv. Ja:\[ES p. WooDiui'i' is a son of Hon. George M. Woodruif. born in Litchfield October 30, 1868, graduated from Amherst College in 1891 and from Yale Law School in 1893 and was admitted to this l'>ar in 1893. Resides and practices at Litchfield in company wdth liis father. He represented his town in the Legislature of 1899-1903. Hox. Lkwis B. WooDRnn-, L. L. D., son of Gen. Al(M-ris Wood- ruff and brother of Hon. George C. Woodruff", was born in Litch- field (South Farms) June 19, 1809. Preparing for College at the then noted Morris Academy, he graduated with high honors from Yale College in 1830. In the fall of that year he entered the Litch- field Law School, where under the instruction of Judge Gould, then at its head, he laid the foundation of the scholarly learning which secured his success at the Bar and so distinguished his judicial career. ( )n completing his studies in that school he was admitted to the Bar of Connecticut in 1832. In October of that \ear he re- moved to the city of Xew York, and after a successful practice at the Bar he was, in 1850. called to the Bench, and thereafter held successively the offices of Judge of the Court of Common Pleas. Superior Court, Court of A])])eals. and Lnited States Circuit Court for the Second Judicial Circuit, wliich latter ])osition he filled at the time of his death. A devoted lover of his native State it- was especially pleasing to him tliat Connecticut was a part of his Judi- cial District, maintaining a residence in Litchfield a portion of the }ear and he (lie' which the judicial term was made eight years. The legislature has always elected all judges. An- other change in 1880, has so made it that the legislature elects the judges upon the nomination of the Governor. In the general field of law, the state of Connecticut deserves at least a passing notice. F.vcrv lawyer in the country has heard of the LitchfieldLaw School. More than to any other, and perhaps 312 T.i'i\iii*ii;i.i) corxTN' r.i'.Ncii and i;.\r more than to all other agencies, it is owin^- to that law school, that the law in these L'nitecl States has so much uniformity consistency and symmetr\- as it has. That school was founded by Tapping Reeve in 17S4. When Mr. Reeve became a judge of the Superior Court, in i/Sy. he associated with himself James Gould as a teacher. 'J'hey continued the school together till 1820. judge Reeve died in 1822. judge Gould continued it till 1833. l)uring its existence there were educated nearly two thousand youno- men. coming from e\ery one of the then states. Among the number were those who afterward became judges, chief justices and prominent lawyers and statesmen in most of the states— Chief Justice I'aldwin, of Georgia: John C. Calhoun; John AI. Clayton, of Deleware ; Daniel S. Dick- inson, of Xew York; Levi Woodbury, of Maine; Theron Metcalf, of Massachusetts; William Halstead. of Xew jersey; Washington J'oe. and very many others. The earliest volume of rej^orts of decided cases published in America was in Connecticut. b\- l{])hraini Kirby, at Litchfield, in 1789. It has erroneously been said, that the first volume of Dal- lo's reports was the earliest. Dallo's first volume was not published r.ntil 1700. ( )f 'I'ap])ing Reeve I should speak a little more. He was much more than an ordinary man. He was horn at Pirookhaven. L. 1.. in 1744; graduated at Princeton in I7<')3. He studied law with Jesse Loot, at Hartford; settled at Litchfield in 1772, and began his law- teaching in 1784. He was a born teacher. Every one of the pupils who came under his instruction became at once inspired with a love of studx. with the grandeur of the science and the dignity of the pro- fession. Jesse Root, who was the instructor of Judge Reeve, was himself a distinguished man. He was born in Coventry, Conn.; graduated at Princeton, in iJS^^. He was a preacher until 17^)3, wlien he l)ecame a lawyer in Hartford, lie raised a company for the army and became a colonel. He was a member of the Conti- nental Congress for fom* years. He was a judge of the Superior Court after 1788. He published two volumes of reports. Another Chief Justice was Zephaniah Swift, who was the author of Swift's Digest. The older law\ers in all those states, which foinided their law ni)on the connnon law. have doubtles.^ heard of this book. It was exceedingly valual;le as an introductor\- hook for beginners, and an excellent hand-book for professional work. The work of the court in Connecticut is recorded in the volume of rei)orts which I have mentioned, in five volumes of Day's Re])orts, and in fifty-seven volumes of Connecticut Reports. ]n them there are no startling cases. They record the litigated cases of a people usually hai)py. and intent on the arts of peace: but I feel sure that tlie\' teach constantly the princi])les of that science of which Lord J\rskine said: "They are founded in the charities of religion, in the ])hilosophy of nattu'c, in the truths of history, and in the experience of common life." 11. WILLI A.MS ARC.L'.MLXT 313 A DEMURRER AX ARGL'AIEXT ( )X A DEMURRER. Argument c^f Huhert Williams, Esq.. in the case of Arthur (hxxI- man vs. The Town of Salisbury, tried in the court of Common Pleas before Hon. Arthur D. Warner, Jud^^e. The lease ran in the name of Arthur Goodman, agent for the Kicka]ioo Indian Company. A plea in abatement was filed on the claim that the suit should have Ijeen in the name of the real part}-, instead of the agent. To this plea in abatement the plaintiff filed a demurrer. Mk. W'li.i.i A.MS : If the Court please. 1 appear in behalf of the plea in abatement ami against the demurrer. This is a demurrer to a plea in abatement in the case no-minally of Arthur Goodman against The Town of Salisbury, but actually of the Kickapoo Indian Medicine Comi)any against said town. Jt would be a waste of words for me to tell your Honor that I am like necessity — that I know no ^aw. There are. however, a few facts in relation to this demurrer which I would like to present to the Court. .Knd in passing, 1 would like to ask your Honor what you are here for? As I understand it, I am here to give your Honor the facts, and you are here to apply the law to those facts. It would be presumptions in me to attempt to instruct your Honor as to what the law is. because if vou don't know, \ou ought not to be here, and 1 assume that because you are here, you do know the whole law. Coming back to the (juestion at issue in this case, what are the real facts? In order to obtain a proper comjirehension of the case it will be necessary to l)egin our recital of facts l)ack in the dawn of traditi(Mi, and I will begin at the time when the great Creator ]?laced our common forefather, Adam, in a deep sleep in the Garden of Eden, and from his side drew forth and fashioned that which lias ever since Ijeen the solace and joy of mankind in all ages. — \\'()M.\X, but, after all, bA'e was onl\- a side issue, and that is all I am in this case. Taking uj) now the lease, for the breach of which this action is instituted, and examining it carefull\-. your Honor will see tliat it gives to the Kickapoo Indian Medicine Company the exclusive use of the town hall of Salisbur\- with all its apinu'tenances for one W'Cek or loiii^cr. an absolute deed in fee, at the option of the Medicine' Company, in perpetuity, so that no longer shall we lie able to trans- act the ordinary aft'airs and business which ai)])ertain to the town of Salisburx', for the oratory of the yeomen will be blended with the shrill crv of the Indian warwhoop. and the beat of the festive tom- tom. They can Imild their wigwams and campfires any where in the town building. Whether this lease includes the town vaults, I know not, for the town otlicials still hold the keys thereto. l>ut any citi- 314 I.ITCIII'IEI.I) COLXTV J'.KXCIl AND BAR zen getting" the keys to the vaults and desiring to examine the pro- bate, land or town records, could only obtain access to them after stumbling over tall drunken chieftains, squalling pappooses, fat squaws and ill-smelling dogs. Not only that, but your Honor will see that it includes the town hall and its appurtenances. Among other appurtenances we have a lockup. Lender the language of this lease which is set forth in the complaint, we will no longer be able to apprehend offenders and keep them in close confinement in that lockup until they may be brought before proper authority, because, forsooth, Arthur Good- man, representing the Kickapoo Indian Medicine Co., has the ex- clusive lease of our lockup. And God and your Honor know that if these Kickapoo Indians flock into our beautiful, peaceful town and get on the rampage, after. filling up with their own medicine or the vrhite man's fire-water, there will be immediate need for a lockup. .Another appurtenance connected with our town hall, and dear to the heart of every son of Salisbury, is a cemetary immediately in th.e rear of that hall, where repose the bones and ashes of many of our honored dead. Under the terms of this lease, your Honor, it is possible that when Time shall have filled the measure of Eternity, and new ones shall have been born, still that hallowed ground which we love so much will be given over to Indians and ta])e-worms, and the o-raves strewn with feathers. ALBERT WAUIIAM's .MAXIM 3I5 SOUND ADVICE Albert \\ adhams, Esq. practiced law in Goshen, coming' to this County from \'crmont. He never had an extensive clientage and lield some peculiar views relative to law and particularly to railroad trusts, but did not live long- enough to see the trusts all abolished according- to his ideas. I found in his papers a good many cjueer thing's, some of which were very sensible. The following' good ad- vice is I think, worthy of preservation. MAXIM FOR A I^AWYER OR '' Quantum Meruit'^ Always be sure, in regard to the payment of your Fees, before your Services are Rendered. This is an act of justice to your clients, as well as to yourself. I will suppose you do not make this provision, but render voluntary services, trusting to the supposed honor of your clients, after bene- fiting them, to remunerate you. There are times, when your chances are, that the\- will imitate "Annanias and Sapphira" partly, or in full, thereby treating you discreditably, and placing no proper esti- mate on what you may have accomplished. It is equally a wrong, il excessive fees are received. In order to compensate yourself fairly in the first case, you can seldom do it, only as you give the delinquents a sting, "a la mode" "Peter vs. Annanias and Sa])phira,"' in which case you loose your client probably, and the nuitual benefit is at an end. Doubtless x'our client suffers equally with yourself in the final result, which might have been avoided by you in the com- mencement, bv providing for your fee. Your services are either of value, and should be adequately paid for, or they are of no value, it is said that a stone fitted for a wall, will not be left in the way, and in a like manner your compensation for services can be secured, before you are placed in a required position. If this cannot be done i^cncraily. then you had better leave the undertaking, and follow some more appropriate calling, by which you can be maintained. Therefore, legal services, freely rendered, without a(le(|uate ]iro- visicn for remuneration, are, as to yourself, }our clients, or any one. l)oth impolitic and unwise. A wise lawyer, for any services he may bave rendered, will seldom ])ermit a client, or any one. to define his "Qiianfuiii Meruit." This Notice. \-ou can iiost up in _\-our ofiice, or hang it out doors, hv the side of vour shingle. A. W. Albany. X. Y.. Feb. ist. i86;. 3i6 T.iTciii-ii-:i.i') coi'XTN' i;i:\"cii and har The Annual Banquets The (uic Inuulrciltli anniversary of the estal)hslnnent of the Litchfield County I'.ar Association was observed by a Centennial Celebration at W'insted, on the i8th of Xovember. i8q8, at the ]leardsle_\- House, then kept by George Spencer. And since that time the Ijar has held an Annual lianquet at about the same time of the year, thev being holden in different places in the county as accomodations could be secured. The) are generally attended l)y between forty and fifty memliers of the IJar. The exercises con- sist of after-dinner sjjeeches, with a good deal of singing inter- s])ersed, and all of them have been very enjoyable. It is im])ossible to give a full account of these yearly gatherings. ] have, however, already included in this book some of the good things which have been said on these occasions, and now present a few more. The invitation to the Centennial was as follows: YE l.W ITATiOX. (iRIvKTiXC, : 1)V authorit\" of the Litchfield Count}' 15ar \()u are summoned to appear at W'insted on Friday evening, Xovember 18, i8(j8. then and there to answer in a comidaint wherein it is complained and said. Fjrs'i' Cor XT. 1. The Superior Court for Litchfield County was established within and for Litchfield County in 1798. 2. At a meeting of the "Barr" of said I'ounty it was voted to commemorate said event at Winsted, Conn. 3. James Huntington, Wellington 15. Smith, Leonard J. Xick- erson, and Dwight C. Kilhourn were ai)])ointed a Committee to carry said vote into effect. Sl'X'OXlJ CouxT. 1. Such commemoration will be held at the Leardsley House, Winsted Conn., Xovember 18. i8(j8, and consist of a liantiuet and other exercises commencing at 8:30 v. m. 2. ^'our ])roni])t acce])tance of this invitation is recpiested that the Committee ma_\" be al)]e to guarantee the refpiisite accommoda- tions. 3. Damages are assessed at $2 per ])late. The i)laintiff is found to l)e of sufficient ability to ])rovide for your comfort and ])leasure. Hereof fail not l)ut due apjiearancj make, or immediately signify cause to the contrary Winsted, .Xo\'. 4. 1898. 'I'lri'! Com .\i iT'i'i'.i':. lly James Huntington, Chairman. Dwiglit C. Kilhourn, Scc'y. ^-^^Z^ THK BAXOLET 31/ YE SEXTIMEXT. "Come back to your mother, ye children, for sliame. Who have wandered Hke truants, for riches or fame. With a smile on her face, and a sprig in her lap, She calls you to feast from her bountiful lap. Come you of the law who can talk if you please Till the man in the moon will allow its a cheese, And leave the old lady who never tells lies Asleep with her handkerchief over her eyes." YE ^lEXr. Little Waramaug- Clams Celery "We have met llie Enemy and they are Ours." — Oliver H. Ferry. 1813 Puree of Litchfield ]\[ushr(^oms Salted Almonds Stuffed Olives "The Law: It has honored us; may we honor it." — Daniel JVcbsfer, 1847 Steamed Twin Lake Salmon "Pinch Gut Plain" Potatoes "Dibble Hill" Sauce "We Surgeons of the Law do desperate deeds, sir." — Beaumont and Fletcher Supremes of Sweetbreads Sturges Case style 'Oh! 'tis a blessed tiling to have rich clients." — Beaumont and Fletcher Probate Punch "Protect me from the sin That dooms me to those dreadful words : 'My dear, where iiave you been?'" — O. W. Holmes Mount Rig-a Patridges, Roasted, Stuffed with Torrington Chestnuts " 'Fore God, my intelligence Costs me more than my share oft comes to." — B. /orison Knowles Salad, "Move to Erase" Dressing "Importance is one thing and learnine's another: But a deliate's a debate, that I assert." — Congreve Canaan Tee Cream, with original R. and R. flavor " 'Tis better lielly l)urst than good food be lost." Crackers Cheese Coffee "Whilst we together jovial sU. _ Careless, and crowned with mirth and wit. We'll think of all the friends we know And drink to all worth drinking to\"— Charles Cotton LITCIIFIKLD COUNTY UHNCII AND J!AR PRESIDENT HUNTINGTON'S ADDRESS 'i'lic after-dinner speaking was ojK'ned by the Hon. James llnnt- ing'ton, — for many years the beloved and honored president of the Bar Association, and who has recently deceased, — and his speech .shows in a measure the felicitous and happy manner of "Uncle Jim,"' as he was familiarly called by his brethren of the ]!ar during the later years of his life. "Brethren of the Bar of Litchfield County: We have met this evening to celebrate the loo years of the existence of the Superior Court of Litchfield County. To you younger members of the Bar it may seem a great ways back to i/ijS, but to me. who has practiced at the Bar two-fifths of the time (and I don't tell }ou now how old I am) it seems but a step back to the beginning. I suppose that some of my brethren here tonight will give something of the history and reminiscences of the Bar either specially or in the county gen- erally, but for myself, I wish to say but a few words in regard to this celebration. I wish to direct your attention to a few of its peculiarities and characteristics, and the first characteristic that I wish to mention after the practice of two-fifths of a century at this Bar, is that it has the reputation of being a fighting Bar, that the lawyers of Litchfield County are persistent tryers and fighters, they never let the ground go un-hoed in a case. As a Judge of the Court said to me not long ago "If a Judge comes to Litchfield County and expects that it will he a sort of a vacation, after he has been to Litch- field, and from Litchfield to Winsted and from Winsted down to New T\lilford and back again two or three times, he will go home thoroughly convinced that it is no vacation to come to Litchfield County and hold a long term." Another characteristic of this Bar is its good fellowship. It has been so for forty years and I presume it was for the sixty years before ; it is now and I trust it ever will be. It is remarked by attorneys from other counties in this State and from other States, that they never came to a liar where there is such good fellowship as there is in this Bar. They never address one another by more than half of their first name. And when one of the boys becomes a Judge of the Superior Court they with pride and pleasure address him as His Honor, it is ten chances to one that when night comes and he comes off the Bench, that they address him as Tobey or Ed or Jerry or Bert or Gid. And he feels as nuich honored to come down to that fellowship off from the liench as he is by being respectfully addressed while on it b\- the memlxM-s of this 'Bar. I say it is peculiarly characteriFitic of the Bar of this County and I trust it will remain so another loo years. Another characteristic is their self-reliance, we have to rely on ourselves and it has made self reliant law vers. IIUXTIXCTOX S ADDRESS 319 Another thing, they are a toug'h lot physically as well as mentally. And they nnist necessarily be so. They come up to these shire towns in summer's heat and winter's cold. \\'e start out early in the morning and go 7 or 8 miles and try a justice case all day long and come home in the rain and cold at night, together singing songs and telling stories. We are called in the night season to go miles away to make the wills of the d_\ing, we are called upon day after day to take depositions in kitchens by the kitchen stove, and instead of sitting 'down to such a hue feast as this to eat we are satisfied with the smell of the onions and the turnips and cabbage that are boiling on the stove for the family to eat. Our lives are spent in that way and it has made a tough lot of us physicallw We are called u])on as lawyers in the country to become all-round men and to do all kinds of work. A country lawyer is called upon to do everything al- most that can be done except writing sermons and writing Doctor's prescriptions although some Cornwall gentlemen can write those, 1 am told. If anyone asks what kind of lawyers does it make to practice in that manner, m\- answer is if you take the Connecticut Reports from Kirby to the 70 Conn.. \-ou read the work of Litchfield County lawyers clear through the 70 volumes of those reports. Yes. further, it is the same kind of men that _\ou are, gentlemen, that 13 of them have represented the Bench of the Superior Court of this State, 10 of them tlie Supreme Court Uench and three of them as Chief- justices, they were men of the same ex])erience and the same kind of practice; and how well hey have filled their places the records of the Supreme Court, the oi):ni(3ns, that have lieen written by them through all the Connecticut Reports will tell you. So we may well be proud of our County and of our Count}- Rar, and I ask, when my time has come to join the innumerable caravan that moves, that there can be nothing better said of me than that Jim Huntington was a respectable member of the Litchfield Count_\- Rar. ]My brethren, I said to you that 40 years practice, two-fifths of a centurv, two-fifths of the time of this Superior Court went back to where one could almost sa}- it was a step back to the beginning. ^^'e have with us tonight a l^rother whose tall form and snowy hair are known to \'ou all and who has j^racticed law in the Superior Court over one half its time, who is a connecting link with the be- ginning of this court ; who practiced law with men who were mem- bers of the Rar when the Superior Court was organized, and it is Vvith exceeding great ]5leasure. nothing could give me more pleasure, that I introduce to you our venerable and honored brother, Donald J. Warner. To him it may be said, as Holmes wrote to Whittier on his 80th birth da v. 320 ITCHFIELL) COIXTV liKXClI AND J'.Ak Dear friciul, whom th}' four.^core winters leave more dear Tliaii when Hfe's roseate summer on t'ny clieek burned in the flush of manhood's earhest year, Lonely, how lonely ! is the snowy peak Thy feet have reached after man}- a year ! Close on thy foot-steps 'mid the landscape drear I stretch my hand thine answering" grasp to seek \\'arm with the love no rippling rhymes can speak. Look l:)ackward ! from thy lofty height survey Thy _\ears of toil, of peaceful victories won Of dreams made real, large hopes outrun ! Look forward ! brighter than earth's morning ray Streams the pure light of Heaven's unsetting sun, The unclouded dawn of Life's immortal day. For Judge Warner's address see his reminiscences, page loi. Many letters were received from the absent l)rethren regretting their ina])ility to attend; the one from the Hon. W'm. L. Ransom, who for nearly thirty years v^'as Clerk oi the Courts enclosed as his response an excuse from the late Judge Granger for not attending a Banquet at the Island Hotel to which he had been invited, and is as follows : Dear Ransom, were my legs as limber As they were in days of yore. When I snared the festive sucker ( )n the Whiting River shore, — Silvery stream, — that murmers sweetly Through fair Wangum's peaceful vales, Kissed by morning's slanting sunbeams, Fanned by evenings pleasant gales. When I chased the obese woodchuck O'er the hills and sandy knoll A\'hen I snatched the sluggish bull heads \\ riggling from their muddy holes. When with dog and gun b\' moonlight Through the swamps and reed\' fens I ])ursued the scented ])olecat Terror of the matroii hens. Gladly would I climb Mount Fisgah, Mystic mountain of the East, For the fun of being with you At vour Island Hotel feast. TUit. ( )h ! Ransom, tempus edax I'nremitting night and day Seventy years has gnavv'ed our nniscles Till thev're in a — bad waw ALUXZO X. I.KWIS LETTER 32I Youthful hose well saved 01 ragged Serve but to hide our spindle shanks. And our shin bones sharp and jagged Play us now rheumatic pranks. Accoutered thus Dear Rans, you see, The feast you spread is not for me, \\'hatever things the Gods deny us. Is for the best. Good night. Tobias. Leonard A\'. Cog'swell, the Oificial StenogTapher, offered the fol- lowing- original VOKM : Oh, sacred soil of Litchfield Hills, Where Winter's winds howl drear ; The country's best and bravest men. Have fdund their birth-place here. The plain and simple life they led Upon these rugged hills. Gave vigorous health and mental strength. Brave hearts and sturdy wills. Senators, (jovernors, judges Preachers, Foimd here congenial soil, And worked their wa_\' to high renown With most incessant toil. Then let us all fresh courage take. And till Death our warm blood chills. We'll bless the Fate that gave us birth On these rock-ribbed Litchfield Hills. At one of our banquets the following interesting letter was re- ceived from Rev. A. X. Lewis : Mont]xdier, Vermont, Dec. ir. TO02. To the jNIembers of the Litchfield County Bar, in annual reunion convened : Gentlemen : — I regret exceedingly my inability to be present at vour festive gathering. Forty-five years ago at the September term of the Superior Court, Judge Seymour presiding, I w^as admitted an attornev and counsellor. F. D. Beeman, Esq., was Clerk of the courts, and Hollister, Graves, Hubbard, Toby Granger, George C. Woodruff, Ttidge Phelps, Sedgwick, Sanford, et al., were the lead- ing barristers. "There were giants in those days." The Litch- field Bar was second to none in the state. The condition of things was very dift'erent than the present. Litchfield was an inland town, accessable only by stage and private conveyance. The lawyers, litigants and witnesses came to stay. The Mansion House, U. S. Hotel and Wheeler House were thronged with guests. The open hotel fires in the hotel otTices were scenes 322 LITCHFIELD COUXTY LKXCII AND BAR of mirth and jollity. William Deming, Sr., Stephen Deming", Harry Ijissell and other notables were usually in attendance with stories, jokes and repartees worth recording. "Uncle"' Stephen Deming had been in his }ounger days a tavern keeper. A certain deacon, professedly a temperance man, but sus- pected of selling "the ardent" on the sly. took up his parable and said, "Uncle Stephen, when you reflect upon your rum-selling days, the widows and orphans you have made and the misery you have caused, how do you feel?" L'ncle Stei)hen paused a moment and said. "Deacon , when I think of myself, by myself. I feel like putting my hand upon my mouth and my mouth in the dust and crying unclean, unclean, God be merciful to me a sinner. But, Dea- con, when I compare myself with my neighbors I thank God and take courage." A Plymouth farmer had a case in Graves' hands which had been running for }ears. Term after term Graves had charged continu- ance fee $7 ; and the farmer becoming discouraged had tried to get the case taken out of court, but all in vain. One day he was sitting on the piazza of the U. S. Hotel rehearsing his grievance to the lawyers, when Graves went past. The farmer ejaculated. "I hope to G — d Graves won't go to hell!" "V\'hy not." asked one of the listeners. "Because," answered the farmer, "Because he'd make trouble there." The writer of this talk was a student in HoUister ».\: Beeman's office and was often employed in copying pleadings, etc. In one of the documents occurred the following- sentence : "And whereas this case has been brought by regular continuances to this court, etc." In the copy made by 'the writer it read thus: "And whereas this case has been brought by regular contrix-ances to this court !" The blunder ( ?) caused a ripple of merriment on the bench and in the bar. It was too true. A petition for a divorce was submitted to a referee or commis- sioner who made his report thereon to the court. It was charged by the petitioner that her husband on a certain occasion when she had returned from a drive with the co-respondent had composed and recited to her and her escort before the children the following lines: "\\ illiam Johnson went to ride. With Sarah Wilkins for his bride, Returning home I heard them say, W^e've had a dam good ride to-day." Imagine Ilollister reading with solemn face this poetical gem to ■the court ! A Litchfield lawyer, whose name I have forgotten, was pleading a case of little importance before a jury. He was very ])athetic and solemn, so much so that when he concluded the opposing counsel arose and said, "May it please your Ilonor, hadn't we better sing a hymn ?'' FJiLIClTlES 323: The Hon. Charles Chapman of Hartford was journeying to Litchfield to attend court, in the Hartford and Litchfield stage. It was winter. The stage was an ojien ])ung, the snow was falling and a northwest wind drove it directly into the faces of the pass- engers. Chapman and "Dick" Hubbard, a brother lawyer, were sitting on the first seat and took the full force of the storm. Xo one had spoken for some minutes, when Cha])man broke the silence with "I say Hubbard, I had rather facit per aliiiiii than facit per se !" Gentlemen : — ^^Some of us have outlived our contemporaries. We are nearing the setting sun ; our places must soon be filled by an- other generation ; soon we shall be summoned to the court of last resort. ]\Iay we res])on(l to the summons, bearing with us the record of a well-spent life and the hoi)e of a blessed immortalitw Yours fraternally, A. X. Lewis. Pastor of Christ's Church. ]\Iontpelier, A'ermont. HURLBUTISMS The late William F. Hurllnit, Clerk of the Court of Common Pleas, gave me considerable assistance in the preparatifjn of this work. The following items are some which he thought would interest members of the Bar. C)ne of the learned judges of the Superior Court, after setting- through a long, tedious trial of a case, to charge the jury com- menced with the following remark : "Gentlemen of the Jm-y ! If you know anything about this case, God knows that you know more about it than I tlo." On the trial of a prisoner for shooting a man whom he thought was stealing his chickens, the judge charged the jury ^•ery forcibly against the accused, but the jury brought in a verdict of "X"ot Guilty." The Judge continued the laborious work of sharpening his pencil in which he was engaged when the jur\- gave the verdict. After a considerable length of time had elapsed he suddenly ex- claimed. "S , you have escaped as by fire." The members of the Bar have never been able to understand the nature of that escape. The Hon. Truman Smith closed an argument made in a little case appealed from a Justice of the Peace, in which the matter in demand was very trivial, and the action of the opposing counsel had been verv erratic, willi die following comments. "If your Honor please : I had ]M-e])ared with considerable care a brief with the intention of filing it with the court. After I had finished it I said to mvself, if I live fourteen years from the 2r)th day of next October I shall be one hundred years old; now is it worth while at mv time of life to come into court with an enormous bomb shell just to annihilate a musquito? and I said to myself it was not — ■ the game w^as not worth the powder." 324 LITCUFIKLL) COLNTV liKXCU AND BAR There are a nuiltitiule of odd and funny things connected with our profession. 1 am obHged to exchide ahiiost everything of that sort, but will save a few. Some of them I have taken from Brother Cogswell's brief before the "Supreme Court of Eaters" and others Irom various sources. Sci:m:, Criminal Coiu't in Canaan. Alonzo B. Garfield. C. J. on the ])cnch. Crime, prisoner charged with robbery of a drunken woman. Clint Roraback, acting State's attorney. Mrs. Xora Smith ( comi:)lainant ) sworn. Kx. l)y Air. Roraback: (J. Were vou down in the defendant's house near Pine Grove? A. Yes. O. Did \' \ / n rfc L<^, Bi^J menej/IIA 7 THE JUDC.K's XOTliS OF ENIDKXCE ShoAvino' tlie workings of the ludicial mind MR. aviijja:*! gri:mi-:s. ("ol.D C.RlMl-tS") IIISTOKICAr, XOTli 329 "OLD GRIMES." ( )ne of tlie characters connected with our legal fraternity was William Grimes, universally known as "Old Grimes." It is gener- ally supposed that he was a mythical character but he was not. He was a run-away slave who came to Litchfield probably about 1808, and was a general servant to the students at the Law School. He was born in \'irginia and was the body servant of a man by the name of Grimes, whose name, in after years, he adopted; by the fortunes of business adversities his master was oblig'ed to dispose of him and he fell into the hands of cruel masters from whose bar- barous treatment he ran away to the Isnd of Liberty, which at that time was Litchfield, judge Reeve had acquired quite a reputation for defending fugitive slaves and Litclifield was thought by them to be the home of the free. Grimes was thrifty, frugal and acquired some little property and owned a piece of land between the present residence of George Kenney and the Fire Department building, to v/hich he moved a small building for a barber shop. Some of the Southern students of the Law School ascertained his status, made matters unpleasant for him by notifying his master w'ho took steps to recover him and he was obliged to dispose of his property through his friends Dr. Abel Catlin and William H. Thompson, who took the proceeds to purchase his freedom. His last appearance on Litch- field Land Records was August 6, 1824. In the latter \ears of the Law School. Grimes removed to New Haven, where he acted in the same capacity as he had at Litchfield to the students at Yale College. He published in a little pamphlet a sketch of his life, containing the portrait of which a copy is here given. He died about 1850 in Xew Haven. His great notoriety consists in the the well-known lines "(Jld Grimes is Dead." the history of which as given to me by an old resident of Litchfield, and from other data which I have secured is as follows : Albert Cj. Green, of Rhode Island, who afterwards became a distinguished man. United States Senator, etc.. was a student of the Law School in 181 2, and was very fond of making rhymes about all manner of things, and upon all occasions, and Grimes importuned him to make some poetry for him, the result be- ing the lines above referred to, a few stanzas of which are here given. OLD c.Rnriis. Old Grimes is dead — that good old man. We ne'er shall see him more ; He used to wear a long black coat All buttoned down before. His heart was open as the day. His feelings all were true ; His hair was some inclined to gray — He wore it in a queue. 330 I.ITCJIFIKI.D COUNTY BKXCII AND BAR ^\'llelle"cr he heard the voice of pain His breast with pity burned ; The large round head upon his cane From ivory was turned. Kind words he ever had for all, He knew no base design ; His eyes were dark and rather small. His nose was a(|uiline. He lived in peace with all mankind. In friendship he was true ; His coat had pocket-holes behind. His pantaloons were blue. But good old Grimes is now at rest, Nor fears misfortune's frown ; He wore a double-breasted vest. The stripes ran up and down. He modest merit sought to find And pay it its desert ; He had no malice in his minil, Xo rullles on his slhrt. His neighbors he did not abuse. Was sociable and gay ; He wore large buckles on his shoes. And changed them evcrv day. Thus undisturbed by anxious cares His peaceful moments ran, And everybody said he was A fine old gentleman. •!« GEORGE CATLIN'S PORTRAIT The fruntisi])iece in this bocjk is from an old oil painting that he made of himself when he was about twenty-five }-ears old and is now in the ]>ossesston- of his daughter in New York city who kindly loaned it for reproduction. DIXXKR TO JUDGE SKYMOUR 33I CUAii'LiAiKXTARY DIXXHK TO JUDGE O. S. SEYMOUR On the 29th of January, 1874, the JJar of Fairfield County gave a compHmentary chnner to Chief Justice Orig'en Storrs Seymour, on the eve of his retirement from the Bench — under the provisions of the Constitution. JNlany distinguished guests were present ; many pleasant and interesting things were said, some relating to our Bar and though all are worthy of preservation we hav'e the space for onl}^ a few. The President, Hon. James C. Loomis, introduced the exercises by saying : Gkxtle:mEX : — I feel confident that nothing has transpired in the history of the Fairfield County liar during my long connection with it, which has given more pleasure to its members than the oppor- tunity which this occasion afilords, to express to our Chief Justice on the eve of his retirement, our high appreciation of those exalted qualities which characterize and adorn his life, and which has made him so eminently useful and so universally esteemed, and our deep regret that, in the midst of his usefulness and in the full possession of all his intellectual powers, he is compelled to retire from his high official station and discontinue his invaluable services under the stern provisions of our Constitution, wdiich makes 70 years of age the limit of judicial life in Connecticut. I assure you, gentlemen, it affords me unfeigned pleasure to as- semble with you around this festive board and unite wdth our dis- tinguished friends, His Excellency, the Governor of the State of Connecticut; His Honor, the Chief Justice elect, and his honorable associates of the Supreme Court ; the distinguished Judge of the Circuit Court of the United States for the district of Connecticut ; the Judges of our Superior Court and of other courts, and other officials who have honored us with their presence, in paying this well-merited tribute of respect to one who so emiently deserves it. From the time of a generation at least Judge Seymour has been a star of the first magnitude in the civil, political, judicial and, I may say, religious constellations of the State. He has deservedly won for h.imself a name that will be known, honored and loved, not only in his day and generation, but so long as the public records endure. There is no human standard by wdiich we can measure the exact amount of good which results to a State from a busy, active and well spent life in the public service Even the great Amazon is swallowed up in the bosom of the fathomless deep ; nevertheless its influence, unmeasured and immeasurable in all its magnitude and power is there, and the great ships which float the treasures of the nations on '"Old Ocean" float more or less securely, however un- consciouslv. upon the foundations, which this mighty river has con- tributed to establish aud maintain : so, though we cannot define with 33-2 LITCIIFIKI.D COUXTY HEXCII AND P.AR mathematical precision the exact quantit}' of good, which has re- sulted to our commonwealth and its citizens from the eminent ser- vices of our distinguished friend, yet no one will doubt but his long, active and useful life spent in the administration of the local affairs of his immediate neighl)orhood — in the advocacv of the rights of the citizens at the Bar — in the promotion of the public weal in the councils of the State and nation — ^and in the maintenance of the great principles of justice and equity, according to established authority upon the Bench, have greatly contributed to the stability and pros- perity of our institutions and given additional seciu'it}' to the rights of person and property so eminently and so universally enjoyed. It has been my privilege to have been honored with the personal acquaintance and I believe friendship of eight of the predecessors of our Chief Justice in .that high ofHce — Hosmer, Daggett, W^illiams, Church, Waite, Storrs, Hinman, Jiutler — glorious names! They were all high-minded, learned, impartial judges, uncorrupted — in- corruptible ! They have gone down to their graves crowned with honors, having transmitted the ermine of the judicial robes spotless and when that emblem of purity and incorruptibility fell upon the shoulders of him who now so gracefully wears it — /'/ touclicd iiofliiiig less spotless. He will soon transmit it to his successor stainless, to he borne by him through his judicial life unsoiled and then trans- mitted in all purity to another, thence to descend from generation to generation, 1 hope to the latest generation of man, without a spot or blemish. It would afford me great pleasure to dwell for a few moments, did time permit, ui)on the many virtues which embellish and adorn the private life of our Chief Justice ; to speak of his devotion to the welfare and happiness of his family and friends — ^of his tender sym- pathies with the unfortunate and afflicted, of his gentlemanly deport- ment everywhere and on all occasions, of his manly practice at the Bar, of his patience and suavity on the IJench, of his hospitality, his generosity, his integrity, his incorruptibilit\' — but time fails me. I can only say that in all the relations of private life. Judge Seymour has been and is the Christian gentleman, acknowledged and appreci- ated as such by all wdio know him m();^t, by those who know him best. Daniel Webster, speaking of himself at a public dinner given him in the cit_v of Boston some years since, said: "If ])ublic life has its cares and trials, it sometimes has its consolations ; if the approbation of the good is fit to be pursued, it is fit to be enjoyed: if it be, as it imdoubtedly is, one of the most stirring and invigorating motives which can operate upon the mind, it is also among the richest re- wards which can console and gratify the heart." In the s])irit of these sentiments of this i)re-eminentl\- distinguish- ed statesman — in the name of the Fairfield CotuUy I'.ar — in the presence of this large circle of distinguished friends, and from the lowest depths of my heart, let me sav to you. ^^Ir. Chief Justice, in conclusion, \ou have ex])crience(l the cares and trials of ])ul)lic life; JUDGE SEv:MOUR S RESPOXSE 333 you have secured the approbation of the good; }-ou have won a crown; it is tit that )Ou shouhl enjoy it. Console and gratify your heart with this ricli reward and when you ascend from your present high position to the bosom of your family and to the circle of your loving and beloved friends, there to enjoy the honored evening of your useful life in tranquil repose, may the soul stirring and invig- ating- consolation cheer and animate \'ou to your latest breath, intensi- fied with the comfortable hope that l)eyon(l there is prepared an im- mortal crown, which neither time nor Cdustitution can take away. Chief Justice Sexniour responded to the toast "Our Chief Justice" as follows : I stand here to-night on the eve of separation from pursuits to which during a long life I have been devoted. 1 have enjoyed my professional life at the liar and on the Bench, and I do not and cannot look with indifTerence upon my apprciaching sejiaration from these duties. I, however, make no quarrel with the constitutional provision under which my retirement takes place, "The days of our age are three score _\ears and ten ;" when those years are accomplished, na- ture craves a brief period of repose between, on the one hand, the active duties of life and its final close on the other. I submissively bow, therefore, to the law of the land, believing it to be in harmony with the law of nature, Init at the time I cherish the memories of professional life, and part from it with fond regret, and I will occupy your time a few moments this evening in suggest- ing some particulars wherein the lawyer's life among the varied pursuits of mankind is regarded by me as a favored one. I was admitted to the liar in my native County of Litchfield in 1826, and I at once found myself in possesion of a privilege which 1 then thought might be peculiar to myself, but which I afterwards found was common to all young lawyers, — the privilege of fellow- ship on free and easy terms with the elder brethren. I well rem-em- IxM- the ])leasure of these associations and the help I derived from them. It is pleasant to recall the names of the giants in those dax's, when I was a stripling. Bacon, Miner, Huntington, Beers. Board- man, the Churches, Smith. When I found myself in a snarl, and that happened to me semi-daily, I always found relief in the ready and cheerfullv-given counsel of these my venerable seniors. It is truth familiar to us all that lawyers, young and old, high and lov/, rich and poor, associate together with great freedom, not perhaps that we love one another more than the medical faculty, but our business bring's us constantl_\- into association with our brethren, our labors are not isolated but performed in public and in each other's company, whereby we become thoroughly acquainted with each other. Xo man can conduct a coniDlicated cause in court with- out showing his brethren what manner of man he is. If he has mind industrv. learning and culture, he shows it : his temper and disposi- tion will show tiicmselvcs. If he has integritv and truthfulness in 334 I.ITCIIFIKLD CUUXTY 13KXC1I AND V,.\R him, llicy will appear. If on the contrary, he is a sham, everyhody will see it. The practice of chani^ing' partners as associate counsel, bring-s lawyers into the most intimate relation with each other. It is amusing to notice gentlemen who are opposed to each other in the morning almost to personal altercation, in the afternoon en- g-aged as associates, and at once as familiar and intimate with each other as the Siamese twins. \\'e become, therefore, thoroughly acquainted with each other and wear no masks in each other's society. In this connection, if time allowed, 1 would like to describe the bar meeting's of olden time wliicb had a lingering existence 50 years ago, but those old-fashioned gatherings could not be conducted on temperance principles and u]>jn the advent of the temperance re- formation, they "took the chills" and died out. Ikit the attraction of the profession lies in the inherent dignity of the law itself, con- trolling as it does by its silent power, the moving masses in all their various relations and interests — in the equity, calm wisdom and dis- passionate justice of its precepts — in its noble history in the past and in the services and accomplishments of its living professors. The bar has always drawn to itself the best talent and highest culture of the country, and hence the contests of the Bar conducted by skillful and learned counsel, furni-li scenes of instructive interest. The marvelous and varied pov/'-rs of the human mind are in these contests called for auvd developed in a manner and to an extent unequaled in any other arena. I readily recall many such scenes as livclv and dramatic as the inventions of Shakespeare's genius. T would not be understood however, as saying that the court room is exactly paradise regained. The scenes are generally animated, spirited and varied ; sometimes, however, dull and stupid ; sometimes disgustinc^, exhibiting human nature of its most revolting form and the members of the Bar have nmch thankless labor, many sleepless nights and l)ittcr disappoint- ments. r)Ut it is in his library that the true discii)le of the law finds his highest satisfaction. He can here interrogate the masters of juris- ]jrudence, ancient and modern upon the matters he has in hand, and will seldom fail of getting an appropriate answer. I yield no blind obedience to authoricies and precedents. Law^ is a progressive science. \A'hcn it is said that law is the ]:)erfection of reason, it is not to be understood that all the utterance of judges and jurists are such. There are mistakes and errors in the ])ast that the present may correct, and there are mistakes and errors in the present which it is to be hoped the future will correct, but taken as a whole a law library is replete with sound truths applicable, more or less directly, to the various living issues iiending before the courts, not mere ab- stract truths worked out in the closet, but truths upon which learned arguments have been heard at the T.ar, and learned consultations h.ad bv the Bench, so that all a\'ailable learninL-- on the subiect is G. II. IIOI.I.ISTKRS ADDRESS 335 brought forward and receives its dtie weij^iit. It is dillicult to over- estimate the vahie of the weU weighed opinions of snch chanceUors as Hardwick, Kldon and Kent, and of such judges as Mansfield, Ellenborough and jMarshaU. Among" the most cherished memories of my professional life is the intimate acquaintance which I have enjoyed with all the eminent jurists who have adorned the bench of the vState during- the fifty }ears. I need not recite their familiar names in this assemljh', but you will permit me, occupying- the position I do, to repeat the names of those who have hllecl the high office I am about to lay down, iioiiiiiia clara each of which upon bare mention suggests all the virtues pertaining to their high judicial position. \\dien 1 came to the Bar the Chief Justiceship was held by the learned Hosmer followed in cjuick succession by Daggett, Williams, Church, W'aite, Storrs, and Hinman, and then by my immediate predecessor, the lamented lUitler, companion, friend, brother. \n this, his native countx', he needs no eulogy from me. In the reports of his judicial opinions he has raised to himself a monument acre pcniiiiiis. .Allow me, in conclusion, to propose as a toast, "The memory of the honored dead of the Bench and Bar of this State." The toast "The Bar of Litchfield County" was responded to by Hon. Gideon H. Hollistcr, as follows : It is difficult to name a portion of this Continent that might with more propriety have been called a wilderness than was Litchfield County at the time of its first settlement, nearly a century after Hartford was foimded. The site of the present village of Litchfield was overgrown with alder. It needed an emigrant's faith to foresee the changes that human industry under the guidence of good prin- ciples could liring about in the face (>f wintry skies and in defiance of steep hills. In 1772, al)out fiftv years after the organization of the town. Tapping Reeve, son of a clergyman of I'rookhaven, established him- self in this remote and obscure place which had nothing but a Court House, Jail and Meeting House to form a centre for the few towns that clustered around it. He could not have driven to the village in a carriage to save his life, for two reasons there were no wheeled vehicles and had there been any, there were no roads that could have l)een safelv traversed by them. This interesting adventurer was a graduate of Princeton, and was then only twent\'-eight years old. He was a delicateh' formed slender man of classical features, ]iale complexion and large bright eyes. With him went Sally IJurr, his VN-ife, daughter of President Burr of Princeton, sister of Aaron Burr, and grand-daughter of Jonathan Edwards — one of the most beauti- ful and accomplished women of her time. They took up their abode in South Street, in a house where I si)ent four ha]:)i)y years and which now belongs to Judge Woodruff, who is our distinguished guest this evenino;-. ]Mr. Reeve established himself here as a lawver and soon attained to tlie highest distinction in his profession. After 336 I,1TCTIFIHI.D COUNTY BKXCII AXD DAR continuing- in it for twelve years, in 1784, when the Revohitionary War was scarce!}- over, he instituted the Litchfield Law School iu which he was the sole instructor until 1797, a period of fourteen )ears. when he associated with him janies (lould, who was after- wards so renowned in the history of American jurisprudence. This school educated young men from all ])arts of the I'nion, among whom were John C. Calhoun, Levi \\ oodljury. John M. Clayton, Roger S. Baldwin, Samuel S. Lhelps, Nathaniel Smith. William Elliot, Origen S. Seymour, Lewis B. Woodruff, Truman Smith and other distinguished men, whose names have shed lustre upon the an- nals of our country. Two of these graduates have been judges of the Supreme Court of the Lnited States, fifty of them members of Congress, forty have been judges of the highest State courts and several have Ix'en foreign and Cabinet ministers. Tapping Reeve was not a mere pedagogue, nor was he a mere lawyer. He was a man of genius, and in middle age when his feelings were enhsted in the trial of a cause, he often exhibited powers of eloquence, wliich from the suddenness with which they flashed upon the minds of his audience and from his impassioned manner, produced an overwhelming cft'ect. He was very unequal in the exhibition of his powers. He was a man of ardent temper- ament, tender sensibilities and of a nature deeply religious. His S}-mpathies led him to espouse -the cause of the op])ressed and help- less. He was the first eminent lawyer in this country who dared to arraign the common law of England for its severity and refined cruelty in cutting oft' the natural rights of married women, and placing their property at the mercy of their hus])ands to squander it at pleasure. His sentiments did not at first meet with much favor, but he lived long enough to see them gain a foot hold in this and other States. His princi])les did not die with him, but are per- petuated in his "Domestic Relations." and in the juris]irudence of liis country. He was an ardent Revolutionary patriot of the Federal school. His fervent pietv. well-timed charities, nolile impulses, thoroughness, simplicity of character, and disinterestedness all served to render him a general favorite in a widel\"-extended circle of friends and acquaintances. He died in 1823, in the 80th year of his age. Such was the head and founder of the Litchfield Bar. The next distinguished member of this liar if we are t(^ f(.)llow tlie order of l)irth, was Andrew Adams, born in 173C), who was successively King's Attorney, member of Congress and Chief Judge. He was a man of clear mind and of great learning. After him JNIajor-General L^riah Tracy, born in 1755. From 1796 to 1807 he was a Senator from Connecticut, leader of the Federal part}', an intimate friend of Hamilton, Fisher Ames and ^lorris. and was a man of great legal acumen and particularly famed for his wit. Then follows Col. Ephriam Kirby, born at Litchfield in 1757, an ollicer in the Revolutionar\- armv who carried to his grave a frightful woimd that he received in tiic struuijle. He was a faithful and G. H. HOLUSTIvK's ADDRliSS 337 accurate lawyer. In 1789, he published a volume of "Reports of the Supreme Court of Errors." This was the first volume of law re- ports ever published on this continent. Upon the organization of Lousiana, he was appointed by President Jefferson a judQe of the newly acquired territory of Orleans, and died on his wa\' to his place of destination in the 48th year of his age. After him in the order of birth comes Nathaniel Smith, who was born about the year 1763 and who. after severe struggles with pov- erty and imperfect, early education, rose so- rapidly in his profession that soon after he commenced the study of law under Judge Reeve, he was sitting by his master's side on the bench of the Supreme Court of Errors. Judge Church and Judge A\'iillams have both told me that he was in their opinion the most gifted man ever born in the State. I will not atteiupt any sketch of him, but if you will allow me I will quote a passage from a letter written to me by David S. Boardman who knew Mr. Smith and how to estimate him. He says : "His voice was excellent, being both powerful and harmonious, and never broke under any exertion of its capacity. His manner was very ardent and the seeming dictate of a strong conviction of justice of his cause, and his gestures ^^ere the natural expression of such a conviction. Mr. Smith's style was pure and genuine Saxon, with no attem])t at classic ornament or allusion. His train of reasoning was lucid and direct, and evincive of the fact that the whole of it was like a map spread out in his mind's eye from the beginning. His integrity was always felt and dreaded by his op- ponent. He spoke with much fluency but with no undue rapidity, he never hesitated or haggled at a word, nor did he ever tire his audience with undue prolixity; or omit to do justice to his case for fear of tiring them ; and indeed there was little danger of it." There is only one lirief specimen of the style of this eloquent man handed down to us. This is a part of his argument in the case of Jedediah Strong and wife before the General Assembly, and which is to be found in a volume of our reports. In arguing against the theory advocated by Judge Reeve in favor of married women, he took the opposite or common law ground and expressed himself as follows: "liut the manners have led the law and the law the manners, until everv barrier is broken down and we seem about to bury in oblivion forever the rule that the wife has no separate existence." Last in order of birth of tlie truly great men who can be partic- ularly dwelt upon in this hurried outline, is James Could, born at P.ranford in 1770, and one of the most elegant scholars and terse writers who have adorned the profession in this country. He studied law under Judge Reeve, and joint professor and delivered lectures to the students in this institution for thirty-five vears : at the end of which time, there had been educated at the Litchfield Law School one thousand and twentv-five lawyers from all parts 338 ].n'ciii"ii:i.L> cdLXTv i-.Kxcii and dar of the United States. Ciould's pleading' is une of the most con- densed and critical pieces of composition to be found in our lan- guage and is of an original character. He had at first contemplated a more extended treatise, but while he was preparing material for it, the announcement of Chitty's work on the same title induced him to change his plan. As it was i)resented to the public, Gould's "Pleading" is therefore only a summary of the original design but for clearness and logical percision it is surpassed, if at all, only by the Comiuentaries on the laws of England. Judge Gould carried to the Bar the same classical finish which appears in his writings. It would have been impossible for him to speak an ungrammatical sentence, use an ineleg'ant expression or make an awkward gesture. His arguments were expressed in the most brief forms in which a speaker can convey his thoughts to his hearers. He seldom spoke longer than half an hour, and in the most complex and important cases never exceeded an hour. He could shoot a quiver full of shafts within the circle of the target with such certainty and force that the\- could all be found and counted when the contest was over. As a Judge, his opinions are unsur])assed by any which appear in our reports for clearness and that happy moulding of thought so peculiar to him at the Bar and in social conversation. The position of this eminent jurist and his venerable master and associate, was truly enviable. To them fiocked from every State in the Union the youth who were to shape the jurisprudence of the western world. They looked u]:)on these renowned teachers with as much reverence as the }oung men of -\thens regarded the philosophers who prepared their minds for the strifes of the Agora, the debates of the council or the shades of contemplative retirement. As I have before said, all attem])ts at particular description of the members of the Litchfield Bar. nuist end here. I might speak of John Allen, Gov. John Cotton Smith, Holmes, Boardman, Hunt- ington, B.enedict, Sterling, Swan, Asa Bacon, Samuel and Leman Church, Mills, Bhelps, Minor, Strong and others — and but for the presence in which I stand, I might attempt some brief sketch of the character and career of the venerable man whose retiracy from public life has been the occasion of this meeting, which, though a festival in form, has sufifused our eyes with tears. I am one of his oldest students here present and have known him well. You will all join me in the prayer that his declining years may be like his professional and judicial life, serene as they are pure, and that no clouds of scjrniw ma\- settle down between him and a better world. O en tn O o w O w HISTORICAL NOTES 339 WATERTOWN MURDER TRIAL New principles of law are presented in the case of State vs. William AlcLaughlin, who was indicted Ijy the Grand jur\- at the April term, 1908, for murder in the first degree. Tlie facts, over v/hich there was no particular contest, were as fellows : On the morning- of April 12, 1908, a few men were gathered upon the depot platform at W'atertown. Some of them were at- taches of the railroad, but most of them were on their way to church. The accused, a man of forty-six years, accosted the de- ceased in a manner which the latter regarded as otf'ensive. One word led to another, and the victim of the tragedy, Robert Downs, a young man of nineteen, pushed ^IcLaughlin over so that he fell on the platform, breaking a bottle of whiskey vrhich he had in his {jocket. More angr}- words followed, and the combat, so far as the knowledge of those on the platform went, was over. Robert Downs retired to a distance on the westerly side of the depot platform from where the wordy dispute took place, and McLaughlin went around the opposite corner of the building and threw out the broken glass from his pocket, and then, unseen b_\' anyone, drew a pocket knife, and going up to Downs struck him wiMi it in the neck, severing the carotid arterv, from which wound Downs died within a few minutes. The trial before the Superior Court was at the October term 1908, in Litchfield, before Judge Edwin B. Gager, lasting into the third week. The prisoner w'as defended by Thomas F. Ryan, Esq., assisted by Elbert P. Roberts, Esq., both of Litchfield. The State prosecution was by State Attorney Donald T. Warner, assisted I5y Howard F. Landon, Esq. The principal question was as to the de- gree of the crime, the State contending that there was time for premeditation and deliberation and that all the elements of inurder in the first degree were present. The defense claimed that the chronic alcoholism of the accused, as shown by his previous history, and by the medical testimony of the defendant's expert. Dr. John L. Duel, rendered the accused incapable of the deliberation and pre- meditation under all the circumstances of the case necessary to con- stitute the crime of nmrder in the first degree. The jurv after long deliberation returned a verdict of murder in the second degree, and the prisoner was sentenced to State Prison for life. \\'hile chronic alcoholism, as a defense is known in the law, it lias been so seldom resorted to, in cases of this character, that un- usual interest was manifested by the legal fraternity in this case. An interesting case not heretofore mentioned, is that connected Avith the successful installation of The Xew Milford Power Company. 340 I.lTCirFlKLD COUNTY UKXCII AND DAR NEW MILFORD POWER CO. About t\vent}-hve }ear.s ago the Hon. Nicholas Staub, of Xcw Alilford and a former Comptroller of the State, conceived the idea that the great water power of the Housatonic river ought to ])e utilized. He interested a few other persons with him in the matter and they decided to incorporate a company for that purpose, and a charter was granted l^v the General Assembly of 1893, forming the New Milford Power Company. The matter laid dormant for a long time. There was plent\- of power in the river, but there were no mills or factories requiring it. The scientific development of electrical energy and more particularly the availibility of trans- mitting it without material loss over long distances to be ai)plied wherever power was required, opened up the way for the Company to begin operations. Many hydro-electric engineers advised that there could not be fall enough obtained to develop sufficient power to make such a plant, considering the large expense of the trans- mission line, profitable. Walter S. Morton, an eminent hydraulic engineer, now the consulting engineer of the New York City Water Supply Commission, saw at once how the power of the water at iUills Bridge could be doubled, and acting under his suggestions the company proceeded to erect a small dam in the gorge at P>ulls J bridge, and dug a canal over two miles long to convey the water to a point in the town of New Alilford, where they obtained a fall of one hundred and fifteen feet, with an average of two thousand horse power. The incorporators em[)l()\ed Frederic M. Williams, Esq., of Xew IMilford to attend to the legal part of the business. The charter liad to be amended, giving the company various powers not original- ly included therein. After the charter was perfected and the stock of $1,000,000. subscrilDcd, the dam was built, the canal dug and the pO'wer house, with four immense dynamos was erected. These were all matters of mechanism, but the real interesting part to us attorneys was the proceedings relating to the acquisition of the flooded territory. Lands bordering on the river suddenly rose in value, and liut little could be purchased, consequently condemnation proceedings under the charter were instituted by Mr. Williams, to acquire them. Nothing like these proceedings appear upon our records, in numljer or in accuracy. Committees were appointed consisting of Hon. Geo. M. Woodrufif of Litchfield, James Alldis, Esq., of Torrington and Edw^ard S. Roberts. Esq., of North Canaan, and long hearings were had before these gentlemen, and it is an in- teresting fact that no exce]:)tions were taken |»| 5 * hiEx^ •h'n~i by the Hon. Sui.erior Court, ^ WAV /, -^ LJ\l ^ ■' for the Murder of WSames chockr|:r. "Preached upon the Dcfire of iheCritTnini^^^dEI publifhed ai the requefl of foiiic . xjf the'«! Hearers. By TIMOTHY PITKIN, A M- allor of \,\\c firft Church in Rir/fu//i^((>fi. ^-9 « Tlwu/jJt not kili. Sixth CommakiK< f;-^»<.'«*i, H A R r F O R T)f^\ :Uili^^^ Printed by Green ^ /^(5/;^;;/ jitar thV'^ireft| Bridse.' -i,.v ■"«♦••'.>]?•; H'M'mfiii:' ^-H'^r^'T: (Reproduction of title page of sermon). OLD SKRMOX 341 OLD SERMON The compiler has in his Hbrary a copy of a sermon deHvered at l^itchfield, in Xovember. 1768, on the execution of John Jacobs for murder of James Chockrer, both Indian natives. tl:e title page of which is herewith reproduced. This is the first trial for murder in the county, and must have been of unusual interest to have called forth a sermon from so eminent a divine as Timothy Pitkin, pastor of the Church at Farmington. I will cjuote a few choice extracts therefrom. The text was : . NUMBERS XXXV. 16. AxD IF he; SiiiTK imr with ax Ixstrumext of IROX^, (so 'iHAT HE DIE) lEK IS A ML'RDERER: The Murderer shale SURELY BE PUT TO DEATH. After a long sermon on the text addressed to "Men and Brethren." and ending with "There is no way for sinners, l)ut to repair to Christ ; to Christ we must go, or to hell," the learned Divine pro- ceeds, '"M}' discourse now turns to the poor prisoner, under sen- tence of death," — with the following soothing language, "JOHN JACOBS. It was \our request, that this last advice, by me should be given to you, and therefore by help of divine grace, I shall speak to you, with great plainess, and C) ! that I may address you, with that warmth and faithfullness, which your present case calls for; this Ijeing the last sermon you will ever hear. '"When I see a poor criminal, under sentence of death, when I view }Our aggravated crimes, and you standing upon the edge of time, and just launching into an unalterable and eternal state; O! prisoner what shall I say to you ! O ! my hearers, what words shall your preacher choose ! Prisoner, attend ! The great God hath made a law, that he that shcddctli man's blood, liy man shall his blood be shed. And in our text, // one smite another ■zeith an Instnimeiit of iron, so tliat he die, he is a murderer, the murderer shall surely be put to death. GOD had an infinite authority to make this law, and annex this penalty ; and, lOHX, this is your case: you smote one of your fellow crea- tures in malice and rage, t^'ith an instrument of iron so that lie died ; therefore vou are a murderer, and you stand chargable with guilt of blood, 'tis just that you be put to death, for by the statute of heaven, b_\- the law of G( )D, you ought to die. Prisoner, attend ! You deserve to sufifer the eternal pains of hell, it is just in God to send you to the hopeless regions of the damned ; vou was a sinner and have been a prayerless malicious creature, therefore GOD, against whom you have sinned and whose laws vou have violated, may justly damn you." There is a consider- able more of this kind of consolation. 342 LITCIIFIKLD COLXTV CEXCH AND BAR TRUMAN SMITH The biog'raphical notes on Truman Smith, whieh I have hereto- fore given, were prepared by a distinguished lawyer of New York City, who had been associated with Mr. Smith in his practice, and mostly relate to matters outside of Litchfield Ccnmty. The Humas- ton case, however, was one in which the plaintiti'. Mr. Humaston, was a native of Litchfield, and was in the employ of the Western L^nion Telegraph Company when he invented a process of sending a number of messages simultaneous upon the same wire, and the Telegraph Company claimed that it was their property. To prevent other telegraph companies from using this invention they pensioned Mr. Humaston during his lifetime. During Mr. Smith's residence in Litchfield he was one of the leading, if not the leading lawyer in Litchfield County, in certain classes of cases, and used the forcible, brow-beating method of trial. He was a terror to witnesses in cross-examination, and many stories are told about him. Previous to the great fire in 1886 the compiler had in his office a massive cherry table which once be- longed to Mr. Smith, who frequently came into the office, as he visited Litchfield, and would go up to the old table and after ex- amining it a little would say, "Old fellow, I have pounded you a great many times !" I well recollect the last case which Mr. Smith tried in this court, and probably the last one he tried in any court. Tt was a case which was brought by Mr. Cothren for some man in Woodbury against Mr. Nathan Smith of Roxburv, a brother of Truman Smith. It appeared during the trial that tlie plaintifif never authorized the bringing of the suit, which was over some very trivial dispute of account, nor did the partv who was recognized to prosecute, enter into any recognizance. The case came before Judge Hovey, and Mr. Smith moved that it be erased from the docket, and made an argument of about two hours in sup])ort of his motion. He wa? then nearly eighty years old and too infirm to stand during his argu- ment, so he would stand part of the time, then sit for a time, antl never did an attorney receive such a scoring as flid ]\Ir. Cothren, who withdrew the suit. The whole performance was the most im- pressive exhibition of ancient legal warfare I have ever witnessed. C. F. Sedgwick, Esq. of Sharon, Conn., said in an article in the Leavenworth Genealogy. P. 26, that "LTp to Mr. Smith's time, the eminent men of the county were a kind of privilecred class, neve.* mingling with the common peojile — but ^NFr. Smith welcomed to his acquaintance and sympath}- good men of all conditions in societv no matter how humble or obscure the man might be. He never took advantage of his social position to obtain preferment for himself — never asked for a nomination — never solicited the vote of any man — his weip-ht of character, eminent fitness and great abilities always marked him as the man for the place and his nominations were made with great unanimitv.'' GEORGE C. HARRISON I'.YROX TITTLE CIIESTERFIEI.I) G. .MIDDLEliROOKS ANDREW G. P.ARNES TURY COMMISSIONERS JVRV COMMISSIOXERS 343 I\Ir. Smith, in tiie latter part of his hfe, lived in Stamford, and for a number of years was actively engaged in the suppression of intoxicating liquors, writing and publishing several pamphlets re- lating thereto and often appearing before the General Assembly in support of temperance legislation. JURY COMMISSIONERS. On page 129 the method of drawing jurors is outlined. I have obtained the pictures of all of the Jury Commissioners since this way of selecting the Jury was jirovided and who act with the Clerk as the board of selection in July. George C. Hakkisox was ai)pointed in 1895 and died while holding the oHice, February 25th. 1907. He was born in Cornwall. May 19th, 1840, and resided in his native town all his life, holding nearly all the honors its citizens could give him regardless of party in the town oftices. Was Judge of Probate many years. He was often appointed by this Court as a Committee to lay out roads, ap- praise property, assess damage, etc. As a Jury Commissioner he was verv conscientious and at the sessions of the board he always had his list carefully marked and checked as to the fitness of each nominee. Byrox Tuttle was also appointed in 1895 and resigned soon after Mr. Harrison's death. He was also exceedingly careful and fair in the discharge of his duty. He died in Plymouth September 25. 1908, aged 83. He was in early life an active business man and a noted manufacturer of carriages which industry he discontinued soon after the close of the civil war. He held many of the most important offices of the town of Plymouth; Selectman and Judge of Probate. He did a good deal of law business such as conveyanc- ing, drawing wills, contracts and the like. He was especially fond of assisting attorneys in preparing a case for trial by looking up the evidence, witnesses and exhibits, and felt great pride saying that he never lost a case that he prepared as he desired. Andrew G. Barxes was appointed Jury Comnfissioner in 1907. He is a native of Sherman Conn., born November 15th, 1838. but b.as resided in New Milford nearly his whole life where he is an ex- tensive farmer, dairyman, cattle breeder and large grower of to- bacco. Has held many town offices and represented New Milford in the Legislature of 1895 and 1903, and was Senator of his dis- trict in 1907. and is re-elected Senator for 1909. CttEsterfiEi.d C. AIinni,EP,ROOK was appointed a Jur\' Com- missioner in 1907. He has been Sherifif of Litchfield Countv and possesses a large acquaintance all over the County, peculiarly flitting him for exercise of his present ofiice. 344 l.lTCIll'll'UD COLNTV LKXCll AND I'-AK COL'XTY CUM'.AIISSKJXERS. The office of Count}- Coniniissioner was estal^lishecl more than half a century ago and a large variety of duties are assigned to them in relation to County afifairs,' such as providing for the care of the County huildings, their repair, providing for the maintenance of the jail, etc. Probably their most arduous duty is that relating to the excise, or granting of licenses for the sale of spirituous and intoxicating liquors. Their salaries at present are $600 a year and mileage. They hold their ollice for four years from their appoint- ment. The present Commissioners are as follows Hubert !>. Case, the Chairman is a native of P.arkhamsted, born A])ril 3rd. 1856. He is a merchant, has been a member of the Gen- eral Assembly from his town, and has held many town offices. His term of otlice expires October i, 191 1. Howard M. Guernsey was born in Thomaston January 9, 1877. He has been for several years engaged in the manufacture of lum- ber. His mills are now in operation in Xew Hampshire and \'er- mont. He has represented Thomaston in the Legislature. His term of office expires C)ctober i, 191 1. John J. Karl was born in Goshen, N. Y. March i, 1864, but has resided since his bo\hood in Litchfield. He is a teacher, composer and i)ublisher of music. Is very active in political afifairs, and is Town Clerk of Litchfield, and Clerk of the Probate Court of Litch- field District. His term of office expires October i, 1913. ^ COURT MESSENGERS One of the I)us_\- men in Court is its messengers. The duties are various, and not defined by statute. The theory is they are to regulate the temperature, lighting and ventilation of the Court room ; to get reference books as required from the library for use in the Court, and attend to the multitudinous errands of the lawyers engaged in the trial of a cause. They are appointed by and hold their office during the pleasure of the judge. The present messengers are at Litchfield. Chauncey J. P)uel. He is also the Janitor of the building. In Winsted, Dr. Willey T. Smith. a dentist l)y profession, rests his nerves in the forensic eloquence of the attorneys. In New Milford, Lewis W. Mosher, a veteran of the Civil war. enjoys the strifes and conflicts of the opposing parties. Si X s. Si O JUDGMENT. One hundred years have brought their bloom and fruit, Since "every one who had a cause or suit," Might "come up hither" and present his claim, With no misgivings, that, whoever came, With a good cause, good witnesses, good men Upon the bench as judges, and, again. With twelve good honest jurors; if he saw That well-feed "counsel learned in the law," Had courage, after half dozen fights. Would — stand an even chance to get his rights, And then at least the controversy o'er. The case all settled, to be tried no more. Those hundred years, as onward they have swept. Have seen how calm the litigants have slept : — Judge, jury, counsel, parties have withdrawn. And to a higher bar together gone. Where every right decree is ratified And every wrong reversed and set aside. Joiix PlKRrONT. In Riv IX THE MATTER or the litchfield county Bexch and Bar. J/VAa^ARY I, T9O9 Be it remembered that this cause having been pending for a century and a half, and the parties having been dul}' heard, by their witnesses and counsel, and having examined the foregoing exhibits, v.'hich are made a part of this record. It is considered and ordered that the foregoing judgment presented fifty years ago to the citizens of Litchfield County by John Pierpont in his Centennial poem is hereby accepted and approved. DWIGIIT C. KlLBOURX, Clerk. INDEX .56, 62. AberiK'lhy. KHsha S. Adam and Church Adam and Eve J. Henry Adams. Andrew II. 55. 126, 139, Elijah John Q. John Quincy John Samuel Addis. John E. Aiken. Edmund (ohn Albro. John A. Alld.s. James Allen. Ethan Henr\ J. John II. 28, 45. John \\m. Ames. Fisher Andrews. Charles B. 125, 126, 129, 181. Charles W. Edward Warren James P. Samuel James William W. H.. Rev. Andres. Sir Edmund Annual banquets Ashlev. Timothy At wood. C. B. Austin, Aaron 11. Ralsanion C. Averill. Roger Avers. Russell W. B Babcock. Rufus. Rev. Bacon. Asa 61. 86. 87. 134. Epaphroditus C. Gen Francis Backus. Azel. D. D. Baker. Willard Balcomb. Benjamin, murder NAM ES Baldwin, Birdscye ii5> 222 Chief Justice 3^2 M-', 217 Daniel 223 22 George H. 127, 223 313 George 223 218 Isaac II, 121, 123, Isaac Jr. 140. 143. 223 224 181, 217, 336 Roger S. 224. i3^> ^23, 217 Samuel 244 124. 218 \\ illiam 224 92, 105, 293 Ball, Luther T. 244 174. 218 Bancroft, George 137 217 Barbour, Henry S. 224. 301 124, 218 S\lvester 224 123. 218 Barker, Prof. 153 218 Barnes, Andrew G. 343 218 Lorrin 224 340 Barrett, John 121 13 Barlow, Joel 80, 176 127. 219, 26b Bates, A. Robert C. 192, 225 221 126, 218. 338 Battel!, Josiah B. 22s 47. 139 Beach. Jesse 225 336 John S. Supt., Geo. W. 155 219, 309. 310 Beardslev. Ferris 150 221 Beckwilh, J. Gail 123, 221 Beebe, Zenas— trial I48 221 Beecher. Aljraham 221 Henry Ward 182 221 Hezekiah 22'^ 22 T Rev. Lyman 37 6 Philemon 225 316. 317 146 Truman Beeman, Frederick D. 22 T 124, 221 126, 139, 226, 262, 273. 321. 327 142. 143. Beers. Frederick 225 222 George W. 226 108. 222 222 Lewis F. Seth P. 226 88. 92. 126. 13;. 171, 226. 33.^ Belden, Charles O. 226 Bellamv, Joseph H. 30, 95. 135- 226 Joseph, D. D. 30, 226 7 Benedict. Amos Noah B. 226, 296 222 333. 338 222 29. 56. 57. 86. 87. 1 T49. 227, 271. 338 23. 134. 139, 222 Rev. Noah 59 23 ■ 33 Bennet, Mi'lo L. 227 124. 222 Benton. Jacob 122 der 'i^B- Isaac 21 INDEX Berrv, Homan 227 Brownson. Samuel 232 Belts, John B. 227 Roger Thaddeus 78 Buckingham. Gov. \^ ,'m. .\. 108, 301 Bidwell. William W. 227 Homer 160 Bierce. William W. Billings. N. 124, 227 192 227 278 S. McLean Buel, Dr. Henrv W. 124, 129, 233 156 Bills. Henry A. Dr. John L. 339 Brigham. Judge Norton J. 108, 232 Bion. Michael--trial 159 •227 Dr. William 26 Bird. Hon. John Bull. Epaphrus. W. 232 Joseph 32. 142 Burke, William 232 Bissell. Daniel 13 Burr. Aaron 44. 182 ■ 191, 335 Edward 227 Sally 44- 182, 191, 335 Edward 124, 227 Burrall. Porter 109 Francis 123. 228 William M. Governor 78. . l^ 80. 91, 109. 112. 1 34. 142, 143 Harry ^22 232. 233. Blackman, Ehenezer B. 228 William P. 140. 233 Blagden. Col. 16 Burrill. Charles D. 233 Blake. Louis J. 124, 228 Burnham. Oliver 143 Blakeslee, J. W. 228 Bushnell. Horace 1.39 Blakeley, Samuel C. 228 Butler. Calvin 90. 134- 142. 233 Blodgett. William H. 124. 228 Calvin R. 233 Boardman. Daniel. Rev. 7 Malcolm N. 233 David S. — Sketches 39. Col. John 17 40, 80. 86. 88. 90. 123. 135- 142, Butler. Hon. Thomas B 151. 311 228. :^33, 337, 338 Chief Justice lOI. 332, 335 Elijah 2C 1. 97. 22'^ Zebulon 17 George S. 97- 22S William W. 22^^ C Booth. Walter 78 Borjesson. Andrew — trial 160 Cable. Curtiss W. 233 Bosier. William 1). 123. 22S Cady. Daniel W. 233 Bostwick. Bushnell M2 Calhoun. David S. 124. 234 Charles 228 John C. 182, 312, 336 Joseph A. 229 William 152 Sannu'l ^23- 229 Camp, George W. 234 Botchford, Xatlian 122 Samuel G. 124. 234 Botsford. Henry A. 'i27. 229 Camden, Lord 73 Botts. John M. 292 Canfield. Ezra 234 Bought on. John O. 124. 229 Edward T. 124. 125. 234 Boyd, John 229 Henry J. 234 Bradley. Ahraham. Jr. 23c John 26. 53- 126, 234 Edward E. 150 Joseph 123. 234 Pliineas 23^ Judson 123. 143. 234 Bradstreet. Albert P. 124. 23'^ Samuel 10. 26, 42. 121, 142, 234 Brainard. Cephas 2^3 Col. Samuel 235 Jeremiah G. 7 3- 77 . 83 Card. Albert M. 235 Brant 17 Carpenter. Judge 1.30 Brewster. Nelson 115. 231 Case. Lvmaii W. 235 Breen. James T. 231 O'rrin S. 235 Brinsmade, Dairel X. 12^. 143. 23^ Uriah 124. 235 Rev. Daniel 53. 23^ Catlm, Dr. Abel 329 Bristol. Clifford E. 124. 232 Abijah 7'. 142. 236. 235 William 7:^ • 77 George 235- 330 BronsfMi. Bennett 232 (icorge Smith 235 A'lerritt 232 T,)hn' 121 Brooks. Norman T63 Putnam 235 Brown. Charles R. 2^2 TbnilKlS 122 John 183 Chaffee. I'.luKire S. 2.36 INDEX 23, 56, 7i, 7b: 142. 117, 212 Chamberlain, Gov. Abiram Champion, Anna ChampHn, Epaphroditus Lucretia Judah, Rev. John D. Chapin, Rev. Chapman, Charles 77, 102, 151, 152, Judge Charles I, King II, King Chase, Charles Y Cheever, Samuel VV. Chipman, Thomas Hon. Nathaniel Chittenden, Frederick Choate, Rufus Chockrer, James Church, Aaron Leman 29. 50, 66, 96, 109, no, III, 116, 126, 135, 237, 33.3. 338. Samuel 3, 66, 86, 103, 126, 133. 139, 152, 168, 237, 297, 302, 311, 332, Z2>?„ 335, Clark, Senator William A. S. Ciregg 125, Thomas M. Clayton, John M. 293, 312, Cleveland, Chauncey 102, Chester D. 124. Frank E. 124, General Clossey, E. M. Cobb, Lorenzo T.. Coe, Mrs. Thomas M. William G. Coffing, George Churchill Cogswell. Leonard W. 131, 321, Col. William 92, 123, 135, Cole, George W. 124. Collier, Thomas 19, Collins, Rev. Timothy Cook, Richard Roger Roger W. Cornelius. Elias Cornwall. Edward A. Cothren. William 150. 151, 238, 254, 262, 273, 342. County Jail Court Messenger County Commissioner Cowan, Stewart W. 125. Cowles. Edward P. Walter S. Samuel 295 261 63 261 236 i7 . 78 41 230 236 192 236 236 2i7 310 341 237 108 150, 108 296 2,27 288 2i7 237 336 137 238 2^8 6r 163 152 281 238 156 238 323 238 238 146 224 238 II 2.38 245 176 344 344 239 239 239 239 Cromwell, Oliver 41. 282 Cumming, Edward 239 Curtiss, Eli 123, 239 Garner B. 129 Holbrook 94, 134, 142, 239 Medad 239 William E. 239 Gushing, Caleb 137 Cutler, George Y. 239 Daggett, Judge 56, 78, 139. 140, 148, Darling, Samuel Davis, Gov. John William C. William C, Jr. Nathan Davies, John Dawes, Senator Day, Thomas Dayton, Spencer Dean, Gilbert Lee P. Deming, Julius Stephen William Dempsey, E. C. Dexter, Jeremiah W. Derso, Dr. Grosz Dickinson. Daniel S. William E. Dowd. Wheaton F. Downs. Robert Theodore W. Dorr, Governor Drakely, Robert Drinkwater, William Dunbar. Daniel Miles Dunning, Lyman Dutton, Judge Thomas Henry M. Dwight. Rev. Timothy Djer, Eliphalet Eastman. Rufus Eaton. William W. Edmonds, Judge David Edwards, Rev. Jonathan Pierrpont Ogden Eggleston, Frederick Eldridge. Nathaniel B. ElliottrRev. John 311, yi2, 335 121 137 154 154 122 121 278 84, 85, 98 125, 239 239 125, 2.39 20, 182, 146 322 322 125, 240 240 325 312 240 143, 240 239 240 137 152 240 240 240 159 103, 241 241 27 170 241 102 56 241 31, 33.S 56 241 241 241 64 INPSX Elliott, William 33(> Ellsworth, Henry Loomis 241 Oliver 170, '74. 241. 2t2 William W. 76, III, 128. 126, 151- 242 Elmer, William T., Jiul g^' 163 Elmore. John 108, III, 1^3. 241 John Jr. 241 Col. Samncl 15. 241 Ely, William H. 125, 241 Emmons, Charles 115 Ensign, James 241 Etheridge, Frank W. 1^4, 166, 241 Everitt, Daniel 4h 123. 242 Sherman 242 Evcrson, Margaret 55 Ewing, Thomas 225 Fairchild, Mary 217 Farnam, John R. 125, 242 Farnsworth, Amos H. 242 Farrand, Rev. Daniel 23 Fellows, Francis lOI Fenn, Augustus H. 126, 155, 24,3. 244, 249. 285 Elliott J. 244 Frederick J. 244 Linus 123, 244 Field, George L. 244 Fillmore, Millard 293 Fitch, Thos 122 Flint, Rev. Dr. 230 Foote, Admiral 244 Ebenezer 245 Governor 244 John A. 244. 245 Lucius H. i=;o Forbes, Samuel [3. 20, 21 Foreign Mission School 30 Foster, Jared B. 115, 138, 143 245 252 Lafayette S. Id Fox, Charles 151 Franklin, Benjamin 16, 174 John 17 Governor 16 Maj. Gen. Wm, B. 245 Silas 17 Walter S. 245 T^reeman, George A. 245 Frisbie, Samuel 246 Henry L 117, 246 Jerome 246 Riifus 246 Fulton, Robert 291 Fyler, Florimond D. 143, 246, 262 Garfield, Alonzo B. Garrett, Joshua Gager, Judge Edwin B Ga>lord, Frederick George HI.. Statue Giddings, Ammi V. R. C. Clifford, George Glynn, James P. Gold, George R. Thomas R. (loodnian, Arthur Goodrich, Elizur Lieut. Gov. Goodwin, Hiram Gould, James 24, 28, 46, 56, 59, 146, 149, 183, 187, 194, 246, 293, 304, 33S James Reeve George William T. Dr. William Granger, Lyman Miles Toby no, III, 112, 114, 320, 321, 326 Grant, Elijah Phelps Friend Graves, Henry B. 126,. 129, 151, 152, 254, 260, 321 Jedediah Green, Albert G. Dr. John William H.^ Griswold, Geo. W. Roger Governor Gunn, Frederick Guthrie, W. W. H 114, T42, 24; 324 122 339 246 181 246 125, 246 294 124, 246 246 246 3^3 45 176 276 85. 188, 312, 108, 126, 192, 193, 336, 337, 247 247 247 59 247 115, 126, 247, 247 247 155, 241, 248, 329 ^37 153 248 176 47. 17(1 248 125, 248 Haddock v. Haddock 164 Hadley, Richard 157 Hale, Nathan 123, 143, 248 Hall, Benjamin 248 Elnathan . 248 Gideon 126, 138, 151, 226, 248 Robert E. 125, 248 Halsted, Mr. 312 Hamilton, .Mexander 336 Hand. Alexander 336 Hardenburg, Col. Jacob B. Ill, 165, 249 Harper, Jolin 249 INDEX Harrison, George C. Julius B. ii6, Hart, William Harvey, Joel Rev. Hathaway, Chas. R. Hatch, Moses Hawle>, Charles William Hayes, Charles Gordon John T. Hazelton, John Heacock, Philo N. Heminway, Louis M. Henshaw, Joshua Herman, Samuel A. Hickox, George A. 156, Higgins. Bernard E. James R. Richard T. Hillhouse, James Hine, Homer Hinman, Chief Justice Noah Edward Charles W. Joel Robinson S. Royal R. Simeon Hitchcock, John Roland lie, 112, 114, 126, Holabird, William S. 96. no, Hodges. Elkanah H. Holcomb, Marcus H. Walter Hollister, David F. Gideon H. 126, 138, 150, 151, 321, 322, 335 John B. Holly, John M. Holley, Horace Hollej- & Coffing Holmes, Uriel II, 123. 143, Holt, George B. Hopkins, Samuel Miles Hornblower, C. J. Home, Samuel B. Horton, F. H. Isaac M. Hosmer, Stephen Titus 7i- Hosford, Sanuiel C. Howe, Henrv John D. Hubbard, Edward J. 34.3 126, 138, 249 146 125, 249 249 7^ 249 249 163 13 97, 134, 249 249 145, 249 124, 249 2i7, 248, 250 124, 250 157 124, 165, 25c 56 250 2ii, 335 142 26, 250 250 311 251 95, 138, 251 Hubbard, J. H. 71, 105, 107, 138, ISO, 219, 254, 276, John T. Frank W. Richard D. Humaston Hungerford, Frank L. Levi Humphrev, Joseph D. Van R. Hunt, Hiram Reuben Robert Russell Huntington, Edward G. James 124. 126, 152. 2^50, 256. 316, 318 Gen. Zachariah Jabez W. 29, 64, 76, 134. 183. 190. 194. 256, Hurlbut, Wm. F. The County Court Health Officer 166, 240, Doctor Hyde, Alvin P. 114. 321 123, 125: 157, 134- 155. ?,}:i- 258, 126, 285 342 255 255 255 256 256 256 256 21 256 245. 64 126, 338 141 143 18 256 yj- 123, 251 122 Ingersoll, Jonathan Governor Judge 122 251 50 143. 251, 254 Ives, Aner Henry C. 148 258 113- 134. 251 251 J 125. 167, 252 Jackson, President 241- 251, 225 124 . 167 , 252 252 Jacobs, George W. John James, II. 258 341 6 253. 262, 273, Jay, John Jaqua, Daniel, Jr. 13 258 252 Jefferson, President 170. 174. 337 252 Jenks, George P. 258 311 Jenkins & Boyd 21 21 Jessup, Ebenezcr, Jt Jewell, Ezra 258 258 147. 253, 338 Frederick A. 124. 258 252, 296 253 306 Johnson, President . Franklin Samuel N. Andrew 253 154 26 124. 254 Amos M. 258 254 Elisha 126, 259 254 Solon B. Walter W. 117, 123, 259 259 220, 311. 332 254 225 Sylvester Johnston, S. W. Josiah S. 259 II 34 125, 254 Jones, Rev. Isaac 188 125, 254 H. Roger. Jr. 124, 259 INDEX Judd, Walter S. 125, 143, 166, 259 Judges Notes 328 Judson, Charles A. 127, 259 George H. 259 S. W. 259 Keese, James D. , 259 Kellogg, Ebenezer B. 260 Kelsey, William 260 Kent, Judge 186, 335 Kickapoo Indians 314 Kilbourn, Dwiglit C. 123, 260 Kingsbury, Frederick J. 260 George 260 John 260 King, Daniel M. 260 Kirby, Ephraim 25, 2>1, 123 Law Reports 168. 170, 181, 260, 290. 291, 312, 336 Re} nold M. 260 Kirkum, Philemon 260 Knapp, William 125, 261 Koehler, Fred M. 125, 261 Kunkel, Edward A. 261 Lake, Joseph 261 Landon, Edgar M. 261 Howard F. 124, 261, 339 John R. II, 127, 261 Lanman, James li, 75 Law, Richard 181, 311 Law School 170 Lawrence, H. P. ISS, 262 Wm. P. 124 Leavenworth, Isaac 95> 135. 262 William 147 Lee, Rev. Jonathan , 7 Bradley D. 262 Rev. Chauncey 31, 262 LeRoy, James 154 Lewis, Rev. Alonzo N. 125, 262, 321, Z-2-2> Daniel W. 123, 262 Lilley, James 262 Linsley, Frank D. 125, 262 Longfellow, Charles D. 262 Loomis, Hon. James C. 331 Lord, John J. 263 Lynde 127, 263, 264 Loring, Charles G. 186 Lounsbury. Gov. Phineas 254 W. B. 150 Loveridgc, George 264 John P. 264 Lowerj, Romeo 264 Lowry, Governor P. 294 Lynde, Samuel Lyman, Darius David Col. David Ensign Moses Moses, Jr. Samuel Lyons, Benedict E. M Maltbie, Theodore M. Manchester, Wilbur G. Mannering, Edward Mansfield, Judge Lord Marsh, Cyrus Ebenezer 10, Frank W. Samuel William Marshall, Judge Marvin, George A. Reynolds 11, 20, 123, 265 Ruth Mason, John Y. Ebenezer P. Masters, Charles S. Nicholas McDermolt, Peter J. Mather, John P. C. Maxam, A mas a McCurdy, Charles J. McMahon, James H. 135, John McLaughlin, William McMorris, William H. Mead, Paul E. Mannassah, Henrj' Merrill, Walter S. Merwin, Edward S. Orange Sylvanus T. Dwight Metcalf, Theron Middlebrooks, C. C. 127, 225, Miller, Joseph 91, Mills, Michael F. 93, 112, Roger 93. 114. Roger H. Samuel J. Minor. Gilbert S. John Joseph Matthew Matthew J. Miner, Phineas 65, 74. 86, 89. 123. 134. 267, Z2,^^ 338 264 264 264 264 143 264 264 125, 265 124, 264 162 335 184 265 121, 142 124, 265 265 122 335 124, 265 126, 170, 170 293 34 265 156, 265 124, 265 102 148 78, lOI 265, 206 265 339 266 2'66 152 266 266 91 no 125, 266 312 266, 313 135, 267 134, 266 134, 266 267 30 267 142 142 94. 135 267 I3Q, 140, INDEX Miner, Timothy William T. Mitchell, John G. Henry A. Stephen Mix Mix, John G. Lucy Thomas Morrill, Henry R. Moore, Charles C. Samuel Morris, Governeur T. Dwight James Matthew M Morse, Jacob Nathan Morton, Walter S. Moseley, Increase William Moses, Julius Mosher, Lewi's W. Moss, Charles E. Mulville, Wm. P. Munger, Warren Munn, Frank B. Munson, Harris B. Judge Loveland Mygatt, Fred E. N 117, lOI 106, 134, 267 267 122, 311 267 145 145 267 181 34 13. 33(} 104, 267 23. 37, 65 151 129 125, 268 340 142 176 133 344 268 125, 268 268 124, 268 268 289 125, 268 123, Nellis, Edward A. 127, 268 Nesbit, Engenius A. 183 Nettleton, Charles 269 Nickerson, Leonard J. 123, 228, 268. 316 Major A. 268, 269 Nelson, Mikkel 269 New Milford Power Co. 340 North, Theodore 95. 135. 269 Norton, Birdsevc 143 James H. 269 Johnathan T. 269 Noyes, William Curtiss 239 o Obookiah. Henry O'Hara. William H. Old Grimes Orr, James L. Orton, Samuel IX Otis, Harrison (^iray O'Sullivan. Eugene T. Osborne, Sellick 125, 30 269 329 270 270 181 124, 270 146 Palmer, Charles A. Joseph M. Solomon M. Parmaley, Jonathan E. David Park, Hon. John D. Parker, Amasa Rev. Daniel Parsons, Anson V. Daniel Patterson, Walter M. Pease, Calvin Peck, William K. Peet. George Washington Perkins, Donald H. Perry, Nathaniel 94, 95, Peters, Hugh F. John T. 23, 73, 75, Pettit, Joel T. William Pettibone, Augustus II, 79, 80, 123, 142, Giles Samuel 26, Sereno Phelps, Charts B. 94, 134, 138, 142, 150, 262, 273, 321 E. Frisbie Elisha Ralph P. Samuel 122, 336, Pickering, Col. Pierce, Amos James Sarah Pierpont, John i39, 272, 273, Pine, Charles H. Pingree, T. P. Pitcher, John Pitkin, Rev. Timothy (sermon) George William 122, Piatt, Orville H., Hon. 170, Plumb. Henrv B. 124, Poe, Washington Poem, The Lawjers Ways Pond, E. LeRoy 124, Porter. Charles J. 127, John K. Joshua II, 15, 105, 106, Peter B. 35, President Potter, Joel B. Prentice, George D. Prescott, Henry H. 1 12, 112, 134. 76. 126 143, 126. 151, 125 270 270 270 270 270 220 270 23 270 270 270 270 102 270 271 245 271 271 271 271 192 271 271 271 271 238, 273 273 273 338 230 273 273 24 34.S 245 278 273 341 263 170 273 27s 312 328 275 275 294 142 275 228 275 76 157 INDEX Preston, Natlian 123, 275 S William lo, 121, 142, 276 Salisbury, Stephen 137 R San ford, George A. 124, 280 David C. 96, 126, 151, 280 Rabello (trial) 140 Henry S. 124. 135, 281 Ransom, William L. Henry Seymour 280, 281, 321 123, 126, Timothy C. 261, 276, 320 276 Koiiin Scatocoke Indians Scott, Fred A. 124, 280 5 282 Randall, Benjamin 293 Scoville. Daniel 116 Ra\'mond, David 276 Homer R. 124, 282 James 276 Scd gwick, Albert 127, 281 Reed, Rev. Adam 117 Charles F. 71, ; 108, 126, 147 John 276, 277 151, 282. 321, 342. John (;. 117, 277 Gen. John 282 Roraback, Alberto T. Robert 282 124, 126, 132, 143, . 157, 278, 301 Capt. John 16 J. Chnton J. Henr>' Willard A. 124, 279, 124, 124, Z22 279 279 Sewall, Samuel Seymour, E. W. 71, Frank W. Horatio 126, 283, 124, 137 28a 288 287 Reeve, Aaron Burr 183, 184, 277 Morris W. 125, 283, 287, 288 Abner Rev. 182 Moses 82. 181, 285 Reeve, Tapping Moses, Jr. 11, 15 . 21, 127 II, 23, 24, 28, Z7, 42, 46, 56 , 59, Origin Storrs 71. 103, 125 61, 62, 85, 122, 1 ^2Z, 126, I39> 126, 138, 150, 151, 152, 189, 234 182, 185, 187, 191, 192, 193, 195, 283. 285. 286, 288, 311, 331, 222 217, 225, 228, 230, 241, 244, 245, 336. 246, 253, 273- 277, 290, 291, 293, Ozias II, ^2, 127, 285, 287 298, 306, 311, 312, 329, 335, 336, Rev. Storrs 0. 287 2,2,1 Thomas 26 Tapping Burr 184 Shay's Rebellion 18 Roberts, Elbert P, 123. 279, 339 Shi .■Idon. Daniel 27 Edward S. 340 Col. Elisha 15, 142 Virgil 133 Sh* "Ily, James P. 124, 288 William J. 279 Sh( .4lon, George F. 125, 288 Robinson, Henry C. 283 Stephen 288 Richards, James 278 Sh( ^rrnan, Daniel II, 142, 283 Richmond, Edward 278 John 142 Francis X. 278 Capt. John 288 Richter, Clark 278 Rev. John 288 Robbins, Rev. Ammi 23 Roger 56, 122, 126, 142, 170 Samuel 156 173, 232, 288, 289 Rockwell Bros. 21 Samuel 288 Edward 278 William 122, 173 Julius 278 Gen. Wm. T. 289 William 278 Shi erwood, S. E. 56 Rogers, Capt. Edward 16 Ski inner. J. B. 192 William 279 Mark 289 Roosevelt, Presi'dent 246, . 275 Oliver 289 Root, Jesse 122. 182, 18^, 191 , 311 , 312 Richard, L. L. D. 30, . 289 Rood, William H. 278 Roger 30, 123, 289 Rowland. Samuel 279 Roger S. 289 Ruggles, Philo 123 , 279 Gen. Timothy 30, 289 Russell, Col. E. K. 168 Slosson, Brazillai 23 . 47. 123, 289 John II. 279 John 289 Ryan, Josejjh 280 John William 49 Timothj 280 Nathaniel 50, 1.^9 Thiinias E. 123 , 280 ,326 . 339 William 40, 289 INDEX 12.3. 290, 291 97, 290 2^ . S?< II. 143. 290, 291 124, 290 150 147, 290 28. 53. 123. 125 290 146, 290 291 -7, 292, 342 I. 27, 2 :8. 55 i. 58 Smith. Aaron Chauncey Cotton Mather David James W. George W. Gen. E. Kirby John Cotton 126, 290, 338. John Cotton, Jr. Joseph L. Junius Nathan Nathaniel 96, 123. 126, 134. 139, 148. 291 Nathaniel B. 292, 336, t,t,7 Col. Nathaniel 292 Perry 92, 134, 292 Phenias J., Jr. Richard Rev. Dr. Truman 56, 96, 150, 221, 237 292, 293. 294. 323. 322,, 336, 342 Wellington B. 155, 157, 295, Willey T. William M. Southmayd, Samuel W. 50, 123. 139, 295 Spencer, George Ambrose Spratt, William Sprague, Leman B. Stanberry, Henry Stanley, Rufus Staples, Seth P. Starr, Daniel Staub, Hon. Nicholas Sterling, Ansel 91. 135- 142. 295 Elisha II, 22,. 29, 63. 86, 88 123, 126, 134, 148, 149, 295, 300, 338 John M. Stevens, Henry W. James Stiles, Benjamin Ben i ami n. Tr. David J. President Stoddard. Eliakim S. Henry Maj. Luther Stoeckel, Robbins Battell Stone, Charles F. John Storrs, Judge 76, 151. 152. 311. 7,3,2, 2->.^ Stowe, Harriett Beecher 182 St. Paul's Lodge, F. & A. M. 168 292 13. 292 48 316 344 316 34 127 295 225 295 295 295 340 295 296 296 122, 296 123, 296 150 48 296 296 16 123, 296 294 82 Strong, Adonijah 2y. ■ 79. 105. 123, 296 Jcdediah 55- 142, 297, 337 John, Jr. 90, 135. 296 Martin 27, 79- 143. 297, ?.i& Moses 247 Theron R. 297 William 79 Rev. William 79 Sturges, Jonathan 122 Swain, Judge 275 Swan, Betsey 282 Cyrus 80. 90. 123. 134- 143. 282, 297, 338 Swift. Benjamin 297 Heman, Col. 15, 143. 297 Homer 97, 134 Jabez 297 Alilton H. 297 Zephaniah 77. 80, 83. 84, 311. 312 vSyllyman, El/enczer 122 26, 41, 125, 26, Taft, George E. 125, 297 Talcott, Col. John 277 Ruth 277 Tallmadge, Col. Benjamin 15. 20, 27 Taj lor, Nathaniel, Rev Teller, Senator Tharen, Robert S. Thatcher, Patridge Thayer, John Q. Thomas, John Judson B. Martin H. Thompson, Hezekiah James Judson B. William H. Tiffany. F. R. 125, Tracy, Uriah • II, 18. 23. 27. .37. 5^- f^o- 123, 126, 139. 298, 336 Treadwell, John Treat, Amos S. John Selah B. Todd, Oliver A. G. George Tolman, David Torrance, Hon. David 152, 219, Tousley, Samuel Trumbull, Gov. 64. 102, Doctor John Tucker. Judge Turkington, F. H. 127. Turrell, John S. 7, 145, 181 41 275 297 122 297 264 298 298 298 298 298 329 298 37 298 298 298 298 2A?, 263 17.=; 13 31 278 299 299 Tiittle, Byron 343 Judge Ralph 326, 2>2^ Cliarles 299 Philander 106, 134 Tiinxis Indians 153 Sally 225 Twining, Stephen 299 White, Aaron 136, 138 Tyng, Rev. Dr. 137 Bernice Rev. Edwin . \. 125, 152 303 W Whitmore, Samuel Whitney, Joshua 121, 126, 261 302 Waclhams, Albert 299, 315 Solomon 302 Noah 123, 299 Whittlesev, Charles 302 Wadsvvorth, George 299 Elisha 302 Gen. James 175 Roger 302 Capt. Joseph 230 Thomas T. 302 Waite, Judge 150,. ii2.. 335 Wilcox, Marshall 278 Henrv Matson 311 Thomas 303 Waldo, Loren P. 101, 256 Williams, Ephraim, Col 90 Walker, Rev. 6, 7 Frederic M. 124. 303. 340 Gideon 122 Hubert 303, 313 Wall, Thomas J. 124, 299 John 10, II, 121, 142, 150, Walton, Mr. 106 220, 332, 335, Z2>7 Ward, Bennet 150 Thomas Scot 31T Henry 191 William G. 90, 135, 303 Warner, Arthur D. Wilson, Andrew B. 303 124. 143, 152, 245 .268, 299 313 Wolcott, Frederick Donald J., Jr. 300 II, 22, 30, 37, 81, 122, 123, 126, Donald J. 116, 133, 143 143, 146, 176 224, 278, 300, 319, 320 Gen. Oliver 10, II, I 6, 22 , 29, Reminiscences lOI 125, 127, 142, 303, 181, 217. Donald T. 124, 126, 261, 30c Gov. Oliver 125, 176, 303 3-23, 339 Roger 174 Lyman F. 300 Ursula 176 Milton J. 300 Wood, Daniel 304 Seth 15 Woods, Prof. Alva 137 Washington, George 15. 175. i8r Woodbn'dge, John, Jr. 304 Watterman, Atty.-Genl. 278 Woodbury, Levi 183, 312, 336 Thomas 300 Woodruff, Ezekiel 304 Watson, Douglass 300 Frederick S. 306 Webb, John Maj. 16 George C. 113. 1.39. 140, 150, Webster, Daniel F. 300 283, 304, 305, 321 Daniel ?,Z2 George M. 123. 193. 304. 340 Frederick C. 125, 300 James P. 123, 305 John W. 244 Lewis B. 305. 306 Noah 80 Morris 'j^ . 80, 143. 304, 305 Welch, Gideon IT 124, 143. ^T^T^- 300 Wright, Pitkin Cow les 306 Hugh r. 143 Wyllys, Mrs. 230 John 2,T, 79 , 80, 143 Wynne, John F. 125, 306 Wells, John D. 137 Ralph 301 Y Wessells Francis 301 Levcritte W. 127, 301 Vale, John D. 127. 306 Wetmore, Samuel 301 N. 301 z Wheaton, George q6. 1'.^. 1.34. 302 Wheeler, Abner (trial of) 145 Zsarney. Janos 335 ^^■* o A'^ ^0 o. . ^ ■ ^'^,>- .^^ . v^^ % - -^"^^ <,o *>; ,0' L' •^o 0^ =^ .^" ■% - :^' '<-.. >.s^''" : <^%^' :> '^n '- ■'', \. O ■^ 0^ ';i'tf' >■ p. ^' % x^ .-s <; -^. % ""^SiJ^' ^" ^■^^'^ \ ^^^^^ ^ o 0^ » X " ,o ■>>-, ^N o 0' %..'..■:,•■'■.»' "O. * '"%• ■■^' . ,^^- -.^^ ^, X^"^^^. .0- o-^- .V^* 'tr f '- ^ ■^ A'- k^' '"%. v-^' .0' > " ■\^^ >^^A "^. v-^' ^. v■^^ ^^^ -^ >\^ . O 0^ ■ ,<\^ '■^^..^' -^^ ^■^ NO ^ V'^ o>' 'S. %. .% .^\^^ "^^ v^^ '■^S^>. 0' , _1 ■ -n^, '- '■""* . ''-'-i > t1' % V .^^' o :^ - ^^. .^^' •^ .A o>- -9 i^. o5 '^'S ^^ .^^^ *- v*-^ ,s^ '-5>