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COEMELL\!i^WERSIT 
 
 JUL ly 1911 
 
 LAVt LIBRABJ, 
 
 Cornell University Library 
 KF 355.N35R41 
 " ' Memoirs of the judiciary and the bar of 
 
 3 1924 018 821 631 
 
The Judiciary and the Bar 
 of Neiv England for the 
 Nineteenth Century. , . * 
 
MEMOIRS 
 
 OF THE 
 
 JUDICIARY AND THE BAR 
 
 OF 
 
 NEW ENGLAND 
 
 FOR THE NINETEENTH CENTURY 
 
 WITH 
 
 A HISTORY OF THE JUDICIAL SYSTEM OF NEW ENGLAND 
 
 BY 
 
 Conrad Reno, LL. B. 
 
 THE CENTURY'S RECORD OF THE LIVES OF DISTINGUISHED MEMBERS 
 
 OF THE LEGAL PROFESSION 
 
 PUBLISHED UNDER EDITORIAL SUPERVISION OF 
 
 LEONARD A. JONES, A. B., LL. B. 
 
 Author of the FOLLO\vl^G treatises: Mortgages of Real Property; Mortgages of Personal Property; Corporate Bonds 
 
 and mortgages; pledges and collateral securities; the law of llens ; the law of real property; 
 
 Forms in Conveyancing; The Law of Easements; and Judge of the Court of 
 
 Land Registration of Massachusetts; 
 
 AND 
 
 CONRAD RENO 
 
 AUTHOR OF Treatises on the Law of Non-Residents and Foreign Corporations; 
 Ea^ployers' Liability Acts, Etc., Etc. 
 
 ASSISTED BY MANY EMINENT NEW ENGLAND JUDGES 
 
 THE CENTURY MEMORIAL PUBLISHING CO., 
 
 BOSTON, MASS. 
 I goo. 
 
//p-7u>^ 
 
 7' 
 
 Copyright, 1900. by / 
 rwE Mason Publishing and Printing Cojipanv. 
 
MEMOIRS 
 
 OF THE 
 
 JUDICIARY AND THE BAR 
 
 OF 
 
 NEW ENGLAND FOR THE NINETEENTH CENTURY 
 
 WITH 
 
 A HISTORY OF THE JUDICIAL SYSTEM OF NEW ENGLAND 
 
 BY 
 
 Conrad Reno, LL. B. 
 
 PUBLISHED UNDER THE EDITORIAL SUPERVISION OF 
 
 LEONARD A. JONES, A. B., LL. B. AND CONRAD RENO, LL. B. 
 
 VOLUME 
 
 The Century Memorial publishing Company 
 
 BOSTON MASSACHUSETTS 
 
 I go I 
 
Copyright, iqoo, by 
 The Mason Publishing and Printing Comi-any. 
 
The Judiciary) and the Bar 
 of Ne^w England for the 
 Nineteenth Century. ♦ , . 
 
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 Photographic Copy of the Death Warrant of Bridget Bishop 
 Hung for Witchcraft at Salem, in 1692/ 
 
I m 3waicial System | 
 
 I o! Hew Bglana. f 
 
A History of 
 
 The Judicial System of New England, 
 
 BY 
 
 CONRAD RENO, LL. B., Member of the Boston Bar. 
 
The Judicial System of New England. 
 
 CHAPTER 
 
 EARLY FORMS OF TRIAL AND PUNISHMENT. 
 
 Section i. 
 Brief Survey. 
 
 The Pilgrims ami Puritans ^\•ere familiar 
 with the forms of civil and criminal j)roce<lure 
 which prevailed in England in the early jiart 
 of the seventeenth century, and 
 upon I'caching the shores of 
 New Englaml, they adopted 
 and enforced the main features of the lilng- 
 lish system of trials, punishnients ami judi(dal 
 proceedings. There was, however, no slavish 
 imitation of old-world methods. Only such 
 laws and customs were enforced as seemed 
 adopted to their new sui'roundings and con- 
 dition, and many improvements and iimo- 
 vations were introduceil in jiractice. 'J'rial 
 hv ordeal and trial hy liattle were never al- 
 hnved in the I'luted States,' and in general 
 the laws were less liai'sh and more humanely 
 ailministered than in iMigland.- 
 
 Tlie nuniher of capital crimes was greatly 
 lessened, and the death jienaity impose<l tor 
 onlv the gi'eatest ciimes. At a tunc when up- 
 ward of one hundred crimes and offences 
 were punishahle with death in England, and 
 
 1 Brown, J., in Holden v. Hardy, 169 U. S. 306, 386; 
 1 Hale's History Common Law, 188. 
 
 the country was red with hlood, the Puritans 
 of Massachusetts reduced the numher of such 
 crimes to fifteen. In the Itody of Liherties of 
 l()-ll. Article 1(4, the following crimes were 
 punishahle with death: (1) Worshipping any 
 other God hut the Lord God; ('2) witchcraft, a 
 witch heing detined as a person wdio "hath or 
 consultetli with a familiar spirit"; (•'!) hlus- 
 pliemjr ; (4) wilful murder ; (5) slaying a per- 
 son suddenly, in anger or cruelty of [)assion ; 
 (()) slaying a, person " through guile, either 
 liy poy.soning or other sucli devilish practice": 
 (7) heastiality: (.S) sodomy : (9) adultery ; (Id) 
 stealing " a man or mankinde ": (11) perjury, 
 " wittingly and of purpose, to take away any 
 man's life"; ( I ■_') treason ; (1:!) rehellion ; (14) 
 insurrection; (|.")) invasion. 
 
 ■ludge Zephaniah Swift of (Jonnecticut, writ- 
 ing in 17iH), shded tliat there were then one 
 hundred and seventy-six crimes punishahle 
 with <leath in iMigland, wilhdut hencKt of 
 clergy, and sixty-H\'e whei'c the iM.melit of 
 clergy was allowed ; and that in Gonnecticut 
 
 ■' Hubbard'.s New England (ed. 1848), p. 159. 
 
THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 lit the waine time there were only six capital 
 crimes, namely, treason, murder, rape, the 
 crime against nature, mayhem, and arson, 
 where life is endangered.' 
 
 Lord Macaulay's witty criticism of the Puri- 
 tans to tlie effect that tiiey objected to bear- 
 baiting not because it gave pain to the bear, 
 but because it gave pleasure to the spectator, 
 seems undeserved, at least as applied to the 
 Puritans of Massachusetts. In 1()41 two laws 
 were enacted for the special protection of the 
 brute creation, and were included in the hun- 
 dred fundamental laws known as the Body 
 of Liberties. Article ':)"! ex[)ressly declared 
 that: " No man shall exercise any tiranny or 
 cruelties toward any bruite creature which are 
 usuallie kept for man's use." And Article 93 
 further provided that : " If any man shall 
 have occasion to leade or drive cattel from 
 place to })lace that is far of, so that tiiey be 
 weary, oi' hungry, or fall sick, or larnbe, it 
 shall be lawful to rest or refresli them for a 
 competent time, in any open place that is not 
 corne, meadow, or inclosed for some peculiar 
 use." 
 
 Persons accused of felony were allowed 
 counsel and witnesses.- Trial l)y jury was 
 the usual form of trial, both in civil and in 
 criminal matters. In prosecution for crime, 
 an indictment by a grand jury before the trial 
 
 b}^ petty .jury was customary. 
 
 In some of tlie early trials in Plymouth 
 Plantation, all of the freemen seem to have 
 pnrticipateil. At the trial of Lyford and Old- 
 ham in 1 (i'24 for plotting against the Oovern- 
 ment of Plymouth Plantation, (ioxcnior Brad- 
 ford states tluit tiie governor " called a courte 
 
 and summoned the whole company to appear."^ 
 At this trial the governor sat not only as a 
 judge, but acted also as tiie prosecuting attor- 
 ney, and it was largely, if not entirely, through 
 bis exertions that a conviction was obtained. 
 
 The original Cliarter was framed for the pur- 
 poses of a trading and land corporation, and 
 not for the jiurpose of establishing a govern- 
 ment. The Mayflower passengers, however, 
 paid very little attention to tliis fact, and early 
 created a court, consisting of the governor for 
 the time being, and a certain number of assist- 
 ants. The number was only one assistant at 
 hrst, but in I()'24 it was increased to five, and 
 afterwards to seven.-* This court administered 
 both civil and criminal law, and imposed fines, 
 whippings and punishments of different kinds, 
 without doubt of their authority, until a cap- 
 ital crime was perpetrated. The Cliarter did 
 not in express terms confer the power of im- 
 posing the penalty of death, but self-preserva- 
 tion required the exercise of this power. •' 
 
 In liJoO, .hihn Billington, who had always 
 proved an unruly member of the community, 
 waylaid .fobn Newcomen, against wliom he 
 bad a grudge on account of an old quarrel, and 
 
 sliot him with bis gun. Bil- 
 
 , ^ . , Section 2. 
 
 ungton was tlierelore arraigned _. , 
 - '^ Trials of 
 
 for murder l>y a grand jury, John 
 
 was tried and found guilty by ' '"^ °"' 
 a petty jury, and was sentenced to be hanged. 
 Billington objected to this extreme penalty of 
 the law, on the ground tluit the court had no 
 power to im[>ose capital j)unishment. The 
 governor and his assistants hesitated and held 
 the inatter under advisement for some time, 
 and consulted with Governor Winthrop, wdio 
 
 1 Swift's System of Codd. Laws, vol. 2, pp. 293, 296. 
 Swift's System of Conn. Laws, vol. 2, pp. 398, 399; 
 Brown, J., in Holden v. Hardy, 109 U. S. 386. 
 
 ■'■ Bradford's History Plymouth Plantation, p. 210 (ed. 
 
 1898). 
 -> Bradford's Hist. Plymouth, p. 187 (ed. 1898). 
 Hutchinson's Mass. Bay, H, 3. 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 
 
 had then recently arrived from I']ngland, witli 
 the Charter of 1<)'29, \\hieli conferred oreater 
 governmental powers. W'inthrop's opinion 
 was that "lie ought to dye and the land to he 
 purged from blood." Billington was accord- 
 ingly hung, and this was the first execution 
 which took i)lace under Judicial proceedings in 
 the infant colony.' 
 
 •Jolni ISillington, although he (.'ame over in 
 the jNIayfiower, gave early indications of his 
 desperate character. In March, 1(121, he com- 
 mitted the first ott'ence for which punishment 
 was infiicted in the Colony. lie refused to 
 obey the lawful commands of Ca})tain ^liles 
 Standish, and had the temerity to treat him 
 with contempt and ii[ipro]»rium. P"or this un- 
 seemly condu(;t he was "con vented before the 
 whole com[iany," and was sentenced to lie in 
 a public place with his ne(;l< and heels tied to- 
 gether. In .June, l(i"2-'), (iovernor liradford 
 characterr/ed Billington as "a knave, and so 
 will live and die," and subseijuent events 
 justified the governor's opinion of the man.- 
 
 As the great criminal of Plymouth Planta- 
 tion, we are indebted to Billington for settling 
 many of the forms of ciiminal procedure and 
 pjunishment. 
 
 Although trial by battle was not permitted 
 by law in the colony, there was at least one 
 memorable occasion on which a notable per- 
 sonage expressed the desire to settle his di.siiute 
 in this foiin. In l(i;!l, Thomas 
 
 Section 3. jjexter brought an action for 
 
 Trial by 
 
 assault and battery agamst 
 
 .John Kndicott of Salem. The 
 case was tried at Boston, and 
 the jury returned a verdict often poumls dam- 
 
 1 Bradford's History Plymouth, pp. 329, 330 {ed. 1898); 
 
 Savage's Winlhrop, vol. 1, p. 43; 
 
 Hubbard, p. 101. 
 - Savage's Winthrop, vol. 1, p. 43; 
 
 Battle. 
 Dexter v. 
 Endicott. 
 
 ages against Emlicott : which so angered the 
 meek ruler of Salem that he exclaimed: "If it 
 were lawful to try it at blows, aiid he a fit man 
 for me to deal with, you should not heai- me 
 complain." ■' 
 
 Wager of liattle was allowed in p]ngland 
 until ISlS, wlien it was abolished by statute 
 of o!) (Jeo. HI, c. 46. Asliford v. Tliornlon, 1 
 Barn, c^' Aid., 40r,, decided in l-SlH, in the 
 King's Bench, was the last case in which this 
 mode of trial was recognized as valid. The 
 apiiellee in an appeal of death pleaded " Not 
 guilty; and I am rea<ly to defend the same by 
 my body." And thereupon taking his glove 
 ofi' he threw it ui)0n the floor of the court. 
 (P. 409.) The appellant ileclincd to accept 
 this mode of trial, and the appellee was ac- 
 (■(jrdingly discharged. 
 
 l>anisbment was a favorite form of punish- 
 ment. It sometimes was carried to the ex- 
 treme of reshipment of the culj)rit to England, 
 
 as in the case of the I'ebel, ^ ^. 
 
 Section 4. 
 
 Thomas Morton. But this was Banishment. 
 
 1 i V 1 „ , Tying by Neck 
 
 exi)ensive and troublesome, ^ f, , 
 
 ^ and Heels, etc. 
 
 and the usual sentence was 
 merely expulsion from "the place," or from 
 "the limits of this patent," before a ilay named. 
 In I()24, Ijvford and ()l(lliam were sentenced 
 by (Governor Ib-adford of Plymouth Plantation 
 to be "expelled tlie place," upon conviction of 
 sedition and plotting against tlie government.-'^ 
 In 1(!31, Tliomas Walford, of Charlton, a smith 
 by traile, was fined ten pounds for his contcm])t 
 (jf authority and confronting officers, etc., and 
 was ordered by ( Jovernor Winthrop to depart 
 ii'ifh Ills irif( "out of tbe limits of this patent 
 before tbe 2ntb day of October next, under 
 
 Goodwin's PUgrim Republic, p. 1(K). 
 ■' Savage's 'VVinthrop, p. 64. 
 ■> Bradford's History, p. 219 (ed. 1898), 
 
THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 pain of confiscation of his goods." Whether 
 his punishment was iucreaseil or iliminished 
 by liis wife's company, does not clearly ajipear, 
 though it d(ies appear that in 1()5() one Jane 
 Walford was accused of witchcraft, hut defend- 
 ed herself successfully and afterwanls recovered 
 damages from her accusers.' 
 
 In 1633, Captain .Stone was banished ami 
 fined one hundred pounds for calling one of 
 the magistrates (Mr. Ludlow) " .Just Ass" for 
 "Justice." 2 Jdje most illustrious victim of 
 this form of punishment was Roger Williams, 
 who was lianislieil from the Colony of Massa- 
 chusetts in l(i3"), as "a disturber of the peace, 
 both of the church ami ( 'ommonwealth."-* 
 
 Tying the culprit by his neck and heels was 
 usual for minor offences. John Billington set 
 the faslrion upon this matter in March, 1021. 
 In June, 1()21, Edward Dotay (or Dotan) and 
 Edward Lister, two young men of hot l)lood, 
 indulged in the first duel at Plymouth. 
 Neither was seriously injured: but the autlior- 
 ities were outraged and summoned the duel- 
 lists to appear before the whole company, who 
 ordered that tlie offenders have their heads 
 and feet tied together, ami remain in tliis 
 condition twenty-four hours without food.-* 
 
 The stocks were much in reijuest by the 
 authorities. The case of Edward Palmer illus- 
 trated tlie danger of making stocks tor.) un- 
 comfortable. In ]Ij39 Palmer made some 
 stocks for IJoston, f:ir the \\'ood work of wbicli 
 lie charged one pound, thirteen sidllings ani.l 
 se\'en pence. The General Court solennily 
 decided this charge to l>e extortionate, and 
 fine<l pool- Palmer five pounds, and ordered 
 him to be "set an hour" in his own stocks. 
 
 ' Savage's Winthrop, p. 64. 
 '■ Hubbard, p. 15G. 
 ■• Hubbard, 207; 
 
 Savage's Winthrop. I, 204. 
 -• Goodwin's Pilgrim Republic, pp. 160, 161. 
 
 His fine was afterwards reduced to ten shil- 
 lings; but he .seems to have had the honor of 
 being the first occu[)ant of these stocks. =• 
 
 Tlie wearing of a cleft stick upon the tongue 
 was considered an appropriate punishment for 
 one who indulged in the pastime of slander. 
 In 1(538 the wife of Thomas Oliver of Salem 
 was convicted of slandering the elders of the 
 church, and was accordingly sentenced to carry 
 her tongue in a cleft stick for half an hour.'"' 
 It is not known whether tlie .stick was of oak 
 or of hickory; Ijut it is probable that the elders 
 of the church had a hand in its manufacture. 
 
 Whipjiing was also common, witli a saving 
 in favor of any true gentleman. It was pro- 
 vided in 1(541 by Article J.'i of the Massachu- 
 setts Bodv of Liberties that: 
 
 " No man shall be beaten with 
 
 Section 5. 
 
 Whipping. 
 
 above forty stripes, nor shall Degradation 
 , of Rank. 
 
 any true gentleman, nor any 
 
 man e(juall to a gentleman be }]unislied \\uth 
 whipping, unless his crime be very shamefull, 
 and his course of life villous and proHigate." 
 
 Degradation of rank or title was occasion- 
 ally imposed. In 1031, Mr. Josias Plaistowe 
 and his two servants, upon conviction of steal- 
 ing four baskets of corn from Chickatabot and 
 his Indians, was degrailed from his title of gen- 
 tleman, and it was ordered that he should 
 subsequently Ije called Iiy the name of Josias, 
 \\-ithout, as formerly, tlie prefix Mr. He was 
 also directed to return eight baskets of corn to 
 the Imlians and lined fi\-e poumls. \\-ljile his 
 servants were let off with a whipping." 
 
 In 1041 it was ordained bv the Ma.ssachu- 
 setts Body of Liberties, Article 40, as follows: 
 " Eor bodilie punishments we allow amongst 
 
 -' Savage's Winthrop, H, 85. 
 '' Felt's Salem, IIS; 
 
 Savage's Winthrop, I, ijlO. 
 ' Savage's AVinthrop, p. 74. 
 
THE J UDIC VA L S YS TEM OF NE W ENGLA ND. 7 
 
 us none that -aw inhunuuK', barbarous, or sumptions against the accus('(l, the iiia,uistrate 
 '^■'''-i'^^'- conld exa.iirinc biiii strictJy, and (/oiiiptd a,i 
 
 Hauo-ing was the usual form of capital [ani- answci', thoii.t^h it impi.Tilc<l bis bfu: and whore 
 
 ishment. thcro was only slinlit suspicion ai^ainst him, the 
 
 Burnin,!;' at the stake NA'as very rarely prae- ma,i;-isti-ate ou,i;ht not to ])ress liiin to answer, 
 
 tised by the \vlntes, altbouii,]] it was practised but allow Jiini to irmain silent, and to call for 
 
 ui)on them liv the Indians. Jn his ac(aiseis •'* 
 Section 6. 
 
 Cruel 1749, however, a negro named Torture in a, mild tbrjii and in excei)tional 
 
 Punishments I'jiilis was burned in CHiarles- eases was allowed bv the early laws of Massa- 
 Prohibited. 
 
 town tor poisoning his mastt'r. chusetts. In the I>ody of Lil)erties of 1(J41, 
 
 His co-conspirator and accessory, also a negro. Article 4."), it was enacted that: "No man 
 
 named ?\Iark:. was hung in irons upon a gibbet shall be forced by torture to confesse any crime 
 
 at the same timed against hinrselfe nor any othei', unlesse it be in 
 
 The only instance in New England of the some capitall case where he is lii'st fullie con- 
 horrible }iunishnient of pressing to death, oc- victed by clear and sufficient evidence to be 
 curred during the phrensy of the witchcralt guilty; after which if the cause be of that na- 
 trials at Salem in 1G92. After nuuiy jtersons ture that it is very apparent there be other con- 
 had been con^■icted ami hung, ( dies Corey, an spirators, or confederates with him, then he 
 octogenarian of Salem Farms, was })ut on trial. may be tortured, yet not with such tortures as 
 Realizing that he could n(_)t escape conviction, be barbarous and inhumane." 
 and wishing to save his iiroperty for his chil- A very peculiar case of posthumous puinsh- 
 dren, he stood mute, and refused to plead either ment occurred in Rhode Islaml in 1707. A 
 guilty or not guilty, in oi'der to i)revent a for- slave in Kingston, having murdered his mas- 
 feiture to the king if he -were convicted of this tei-'s wife, drowned himself. The Rhode Island 
 felony. The special court of Oyer and Term- Assenddy ordered that his liead, legs and arms 
 iner which had been connnissioned by (to\'- slajuld be hung u[) in some i)ublic }ilaee near 
 ernor I'bips tc) try these cases, thereu})on im- Newport, and his body burnt to ashes.-' 
 pose<l this frightful form of torture, to w Inch The Forefathers were not lacking in in- 
 he succundjed on Se})tember 19, 1(J92.- genuity in de\dsing punishments to tit the 
 
 In 1(;41, shortly before the adoption of the crimes, as may lie inferred from the [ireceiling 
 
 Bodv of Liberties, the ijuestion of the power of list, which is not exhaustive, 
 
 a magistrate to exact a confession from one ac- Ivir-cropping and branding were also in 
 
 cused of a capital crime, was nuicb iliscussed. vogue. In oriler to identify the crime as well 
 
 Although there was some diti'ei'en(/e of opiiHon as the crindnal, it was customary to brand 
 
 upon this subject, the genei'al view of the adultei'ers with the letter A ; burglai's with the 
 
 magisti'ates anil elders was that an examination letter 15; forgers wdtb the lettci' F; and inces- 
 
 under oath or by torture was not lawful ; but tuous jiersons with the letter I. 
 
 wdiere there was one witness or sti-ong pi-e- The princijile nf the habitual ci'iminal acts 
 
 ' Mass. Hist. Col. (2d series), vol. 2, p. 166. Hutchinson, vol. H, p. 60. 
 
 '' Washburn's Jud. Hist. Mass. p. 142; ■-Savage's Winthrop, H, 56. 
 
 Barry's Hist. Mass. (2d ed.), p. 38 ; ■» Arnold, Hist. R. I., II, 2!J. 
 
THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 of recent times was recognized ami enforced by 
 the Court of Assistants in Massachusetts as 
 early as 1(5;J3. In that year (Governor Win- 
 throp informs us that Ptoljert Cole "having 
 been oft punished for drunkerniess," was sen- 
 tenced to wear a red D about liis neck for a 
 year.i 
 
 Benefit of clergy was allowed in [Massachu- 
 setts as late as 177:3. James Bell having been 
 convicted of manslaugliter in tlie Superior 
 Court at Boston, in March, 1773, pleaded the 
 benefit of clergy, and was discharged witli 
 merely a hand Iju ruing. It was also allowed 
 for Ijurglary in 1770, and the burglars suffered 
 only burning in the haiid.- 
 
 Tlie inviolaljility of the person was in gen- 
 eral recognized and preserved, in the judicial 
 systems of England and New England. It 
 was oidy in exceptional cases. 
 
 Section 7. haseil upon special and peculiar 
 
 Inspection of 1 ii i xi i 1 i 
 
 ^. „ 'j;roun(is, that tlie courts could 
 
 the Person. ^ 
 
 Witchcraft, compel an inspection of the 
 
 Divorce. ^i ■ ■ ■ 1 
 
 „ , v»erson, either ni crinnnal or ui 
 
 Personal ^ 
 
 Injuries. civic matters. Nearly all of 
 
 these cases were founded u|)Ou 
 ancient practice of a barliarous nature, and 
 some of them wei'e never introduced or adopt- 
 ed in this country. 
 
 In the English trials for witchcraft an im- 
 portant feature was the com[>ulsi:>ry inspection 
 of the person of the prisoner for witch-marks. 
 Tlie belief was general and was also adopted 
 by tlie courts, that cx'ei'v witch had a familiar 
 spirit or ileN'il's im[i. which received nourish- 
 ment at least once in twenty-four hours from 
 the liody of the witch. A mole or a wart or 
 even a Hea bite was often found to Ije an imp's 
 
 ' Savage's Winthrop, I, 149, 
 
 - Washburn's Jud. Hist. Mass. p. 194; 
 
 Quinc)''s Mass. Reports, ."JS note; 
 
 1 Hutchinson's Hist. Mass. (3d ed.), 388 note. 
 ■' Savage's Winthrfip, \\, 3117. 
 
 teat, and was a most damaging piece of evi- 
 dence against the accused. The purpose of the 
 inspection was to discover any mark of a pre- 
 ternatural nature, in order to show that the 
 accused was in league and covenant with the 
 devil and had sold himself, body and soul, to 
 the de\'il. 
 
 This insi)ection of the witch's person was 
 also practised in New England, at Boston, 
 •Salem and elsewdiere. In tlie case of Margaret 
 •Jones, who was tried at Boston in 1648, be- 
 fore Covernor \\'inthroi) and the Assistants, 
 her bodv was examined ; but wliere and by 
 whom the inspection was made do not appear.-' 
 
 At the Salem witchcraft trials in 1692, when 
 the accused was a woman, the search for witcli- 
 marks was made by a s[)ecial jury of nine per- 
 sons, consisting of one man, a physician, and 
 eight women. This jury reported the result 
 of the search to the Court."' When the ac- 
 cused was a male, the examination seems to 
 have been conducted liy the same jury wJiich 
 tried hirn.^ 
 
 In criminal trials the jicrson of the accused 
 is now protecteil from examination by consti- 
 tutional [irovisions to the effect that no person 
 shall be coiiH)elleil to furnish evidence or to lie 
 a witness against himself.'' 
 
 In di\'orce suits the coui'ts of this country, 
 as well as of England, luive exercised the 
 power of compelling a [larty to submit his or 
 her }>erson tr) ins}iec-tioii by surgeons or pliv- 
 sicians in oidci' to determine tlie f|uestioii of 
 impoten(/e. Wdien impcitency is a groun<l of 
 ili\'orce, this power is necessary to enable tiie 
 courts to exercise jurisdiction in di\-orce. and it 
 is foundcfl ui)on the intei'est which the public, 
 
 -• 2 Hutchinson, 59 note, '2d ed. 
 
 ■ Washburn, 143. 
 
 '' Emery's Case, 107 Mass. 172; 
 
 State V. Nowell, .IS N. H. 314; 
 
 Counselman v. Hitchcock, 142 U. S. 547. 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND 
 
 as well as the jiarties, have in the marriage 
 relation.' 
 
 In suits for personal injuries oceasioneil hy 
 the defemlant's neglii^euee, an inspeetion of 
 the plaintiff's person l)y suri;eons or })hysieians 
 aetiugon l.iehalf of the defemlant, has not until 
 reeent years heen compelled l)y the courts. It 
 was in ISOS tliat the first compulsory order for 
 such an examination of the idaintifl' was made 
 in this country, and none has e\'er jjeen made 
 in England. 2 This rule has since heen 
 adopted in some of the Western and Southern 
 States,^ The jienalty for non-compliance does 
 not extend to fine or im[irisoumeut, as it is not 
 a contempt of court : hut merely to a dismissal 
 of the action, or a stay of trial. 
 
 The Ijetter rule, howe\-er, seems to he that 
 the courts, in the afjsence of a s])ei/ial statute 
 conferring this power, have jio authority to 
 compel a physical examination in personal in- 
 jury suits. Jt is not a matter of public inter- 
 est, such as divorce, and the danger of fraud 
 and imposition may he prevented in other 
 ways, withr)ut invading the sacredness of the 
 person. If tlie plaintiff unreasonably refuses 
 to permit an examination, the fact may be 
 shown at the trial and considered by the jury 
 in reaching a \-erdict.^ 
 
 The jurv of matrons to de- 
 Section 8. 
 Inspection by terrnine the (juestion of preg- 
 
 aJuryof naucy of a widow, was the 
 
 Matrons. ' 
 
 only case known to the currunon 
 
 law of England in which \\'c)inen wei-e allowed 
 to take [)art in the aduunistration of justice, 
 
 ' Le Barron v. Le Barron, 3.5 Vt. 365; 
 
 Devanbagh v. Devanbagh, 5 Paige, 554; 
 
 Union Pacific Ry. v. Botsford, 141 U. S. 350, 252; 
 
 Briggs V. Morgan, 3 Phillimore, 325. 
 ■' Walsh V. Sayre, 53 How. Pr., 334 (1808). 
 ■= Schroeder v. Chicago Ry. , 47 Iowa, 375; 
 
 Atchison Ry. v. Thu), 29 Kans. 4(J6; 
 
 Missouri Pacific Ry. v. Johnson, 73 Te.xas, 95; 
 
 Richmond Ry. v. Childress, 83 Georgia, 719. 
 
 either as judges, jurors, attorneys, s(_)licitors or 
 barristers. ■■ This jury was pcrmiltcil jiy the 
 couniKin law of England when a man died 
 witli(jut (diilili'cii, and his wife c-laimed to be 
 with child; in which case the heir at law or 
 des'isee was alliiweil a writ to inspect her in 
 order ti) |)rotect Ids riglds to the estate. The 
 jury nf matrons were empannt'lled by the sher- 
 iff, and if they fauid u[>on due inspection that 
 she was pi'cgnant, she was k(!pt under restraint 
 uidil deli\-ered.'' This writ has been issuccl in 
 I^ngland in (|uite recent times ;" but no instance 
 is known of its e\'er being issueil in the Iddted 
 States. it seems safe to affirm that in") jury of 
 matrons e\'cr sat upon an afiiicted widi>w in 
 New England: and that this part of the Eng- 
 lislicomniDU lawwasnot adopted here. '^ though, 
 in ITlt"), Judge Swift fif ( '(jnuecticut nai\'ely 
 and cautiiuisly remarkiMl that "in this State 
 there has liilhfrto been no occasion to adopt 
 this law." 9 
 
 The nearest approach to a jury of matrons in 
 this country proliably occurred in the case of 
 •Jane Baldwin of Mount WoUastou. Massachu- 
 setts, .lol) Idler lia\dng confessed in l(i.'>7 to 
 an attempt to ha\'e carnal knowledge of the 
 body of said Jane, she was examined orsearched 
 as (Jovernor W'iidhrop states by "women," 
 who "found no act <-ommitted." '" It does not 
 appear how many women took part in this in- 
 spection, nor wdicthei' they \\'ere matrons, n(.ir 
 whethi'r they were duly em[ianuelled. 
 
 The de\'ilisli ilelusion known as wdtchcraft 
 ra\'age(l Ijigland. l'"rance, (lermauy, Spain, 
 
 * Union Pacific Ry. v. Botsford, 141 U. S. 25a; 
 
 McCluigan v. Delaware Ry., 129 N. V. 50; 
 
 Parker v. Enslow, 102 Illinois, 272. 
 ■' Gray, C. J , in Robinson's Case, 131 ilass. 370, 377. 
 " 1 Blackstone's Commentaries, 456. 
 ' In re Blackmore, 14 Law Journal (N. S.), 336. 
 » Gray, J., in Union Pac. Ry. v. Botsford, 141 U. S. 2.53. 
 '■• Swift's System, vol. 1, p. 208. 
 '" Savage's Winthrop, II, 426. 
 
10 
 
 THE JUDICIARY AXD THE BAR OE NEW ENGLAXD. 
 
 Italy, .Swit/.t'i'land and Sweden in the sixteenth 
 
 and se\'enteentli centuries. 
 Section 9. 
 Witchcraft Tldrty thousand persons were 
 
 Trials. executed in Great Britain, sev- 
 
 (.•ntv-ti\-e thousand in France, 
 
 Hale and 
 Blackstone. 
 
 Hopkins's and one hundred tliousand in 
 
 Water=Test. , „,, , , . ,. . , , 
 
 (jcrinany. 1 he hehet m the 
 
 existence of witclies was ^'eneral arnoni;' all 
 classes of people, clerg'ymen, ju<l,i;es, lawyers 
 and doctors — the educated as well as the i.u'no- 
 rant. In England, Sir Matthew Hale and Sir 
 William Blackstone are well known instances 
 of this opinion. In 1()()2, at the trials of Rose 
 Cullender and Amy Duny upon this cliarge 
 tlie former declared ; 
 
 "That there were such creatures as witches, 
 he made no doulit at all ; for 1st, the Scriptures 
 had affirmed so uuich ; 2d, the wisdom of all 
 nations had provided laws against such per- 
 sons, and such had heen the judgment of this 
 kingdom." ^ They were found guilty and 
 hung. 
 
 Blackstone writing in his ( 'omrjientaries 
 many years after the helief had sjient its force, 
 states: "To deny the possiliility, nav, actual 
 existence of witchcraft and sorcery is at ojice 
 flatly to contradict the revealed word of (xod in 
 \-arious passages in hoth the Old and New 
 Testament."' 
 
 During the second quarter of the se\'enteenth 
 century, witches were hung hv the thousands 
 in Englaml. Matthew Hopkins acted as 
 Witch-Findei'-General, and hecame famous for 
 his methods of searchijig and watching pers(jns 
 accused, or even suspected, of witchcraft. He 
 also invented a water-test for the detection of 
 witches, which was supposed to he infallihle. 
 If the accused floated on the surifu.-e of the 
 
 ' Hale's Pleas of the Crown, ch. 33; 
 
 Appendix to Jefferson's (Va.j Reports, 141, 142. 
 ■ 4 Blackstone, 61. 
 
 water, slie was surely a witch, because the 
 water refused to receive hei' into its bosom. 
 The reason was thus explained l»y the most 
 learned fool of his century. King James I of 
 England: " It appears that God had appointed 
 (for a supernatural sign of the monstrous im- 
 piety of witches) that the water shall refuse to 
 receive tliein in her hosoin that have shaken 
 off them tlie sacred water of haptisiri and wil- 
 fully refused the benefit thereof."-' The only 
 conclusive evidence of innocence was drown- 
 ing, and many ])ersons probably sa\-ed their 
 necks by sufi'ocatio]) in the water. 
 
 Tlie water-test for witchcraft was also tried 
 in the case of Mercy Disborough of Compo in 
 Fairfield, Coimecticut, in September, 1692, and 
 four witnesses swore that althougli she was 
 bound hand and foot ami one of them tried to 
 press her down, she "swam like a cork." She 
 was found guilty, but ajiparently was not ex- 
 ecuted. Goody Miller, Elizabeth Glawson and 
 Mrs. Stabiles were also tried at this time for 
 familiarity with the devil, liut were acquitted. -^ 
 
 In New England the executions for witch- 
 craft numl.iereil only thirty-two. Twenty per- 
 sons suffered ileath at Salem in l(-;92, ami the 
 other tweh-e were executed Section 10. 
 
 elsewhere in Massachusetts and Witch Trials 
 
 at Hartford, 
 in Coimecticut. In the Boily Boston and 
 
 of Liberties of 1 (341 , Article it4, Portsmouth. 
 
 section 2, a witch is defineil as a man or woman 
 " who hath orconsulteth witli a familiar spirit," 
 and the penalty prescribed by the same section 
 was death. 
 
 The first person to sutt'er death for witcli- 
 craft in New England was a woman of AVind- 
 sor, Corniecticut, ^Yhose name is now unknown, 
 who was arraigned ami ex(_'cuted at Hartford 
 
 ■° Quoted in Savage's Winthrop, 11, 369. 
 " Sanford's Hist. Conn. 101 (1887), 
 
THli JCniC/AL SYST/iM OI- NKW HNGLAAW. 
 
 11 
 
 in l()4(i or 1{)47J 'I'lic di'tails of her trial arc 
 lacking ami I)i-. 'J'ruinliull in liis Histnr\- of 
 Connecticut says that "after the most careful 
 researches, no indictuieiit of an\- person for 
 that crime, nor any jirocess rclatix'c to that 
 affair can he foumh" 
 
 The trial of >[aruaret Jones at Boston in l(i4s 
 was liistoric. It oceurrcil hefore ( <o\ernor 
 ^^'intllro}), J)e|>ut\ (io\ernor l)uiile\-, and the 
 follo\vin,u' assistants: Jolin ICndicott, liichard 
 Bellin^harn, Richard Saltonstall, Increase 
 Nowell. Simon llradstieet, William Ilihhins, 
 ■Jolm \\'iiithro|>, jr.. and N\'illiam I'ynehon. 
 She «'as coni|iellcd to suhmit her person to a 
 searcli for witch-rnarks, and (!o\ernor ^\'in- 
 throji says the search disidosed " an a})parent 
 teat in herst'crct [lartsas fresh as if it liad hcen 
 newly sucki-(l : and after it liad hcen scanncil, 
 upon a forced scandi, that was withered, ami 
 anotlier he^an on theojiposite side." She was 
 also watehi.'(l acconling to the method disco\'- 
 ered hy the urcat \\'ifcli-Finder-( leneral Hoj>- 
 kins of England, whereliy it was pro\'ed licyond 
 all douht that she liad an imp. spii'it. or famil- 
 iar in the shape of a little (diihl, whi(di is thus 
 related hy (jo\'ernor W'inthrop: "In the pris- 
 on, in the clear da\' linht, there was seen in 
 her arms, she sitting on the Ihjor, and her 
 cloths lip, etc.. a little cliiM, wlii(di j-an from 
 her into another rooiri, and the ofHeer follow- 
 inu it, it was \-anished. The little child was 
 seen in two othei' places f(] whi(di she had 
 relation : ami one maid that saw it, fell sick 
 upon it, and was cured hy the said iVIai'earet, 
 who used means to heemjiloyed to that (Mid." 2 
 
 The deNil's imp. av spii-it, appeared in many 
 different foi-ms, auKjiiL;- wdiii-h the most popidar 
 were those of <lot;s, cats, foals, hai'es, rats, toads, 
 ho\'s, men and women. The Ixdief was that 
 
 ' Savage's Winttirop, II, 374. 
 - Savage's Winthrop, II, 397. 
 
 once a da\' the imp came to suck, and the jiur- 
 pose of watch inn the accused was to disco\'er 
 the imj) orspiril. In oivh/i' that the imp might 
 ha\-e an easy means of access, a hole was made 
 in the dooi' of llie room wdiere the witch was 
 conlineil. 
 
 The othei' e\'idence of witchcraft against 
 Margaret .lones was that she had a malignant 
 touch, which caused man)' ]>ersons wdieii stroked 
 o|- tou(died h\- hei', eithei- in atfcction or dis- 
 pleasure, to he tid<(.'n with deahiess, \-omiting, 
 or othei' \"iolent pains or sickness; that she 
 practised ph\'sic, and altlaaigh her meilicines 
 were harmless in their nature, yet "they had 
 exti'aoi'dinai'y violent effects": .she told peo- 
 ple who would not use hei' })hysie that they 
 wrndd ne\'er he healed, and their iliseases and 
 hurls (/ontinued heyoiid the apprehension of all 
 physicians and sui'geons ; " srime things wdiieh 
 she foretold came to |)ass accordingly : other 
 things she could tell r)f (as secret speeches, etc.) 
 w Inch she had no ordinary means to come to 
 the knowledge of." Thejui'y found her guilty, 
 ami ( <o\-ernor W'inthrop \ouehes for the fact 
 that "the same day and hourshe was executed 
 tliciT' was a gi'<'at tem[iest at Connecticait wdiieh 
 hlew down manv trees, etc."'* 
 
 The Kew ^\Mlliam Huhhard, writing ahout 
 lli.sd, remarks in coniieetion with this execu- 
 tion of Mai-gai'ct .lones in a chajitci' entitleil 
 " Memorahle Accidents in New I'aigland from 
 the year l(l4(i to Idol," as follows (page o;;0): 
 
 "Soon after she was execute(l, a ship I'iding 
 oN'cr against ( 'hai'lestowu, of three hundred 
 Ions, lia\-ing in her hold an hundre(l and twen- 
 ty tons of hallasi, and (.'ighty hoi'ses ahoard her 
 for the IJarhadoes, was (in the sudden ohser\'eil 
 to roll, as if she would lia\'e turneil over. The 
 hushand of that witch, latcdy i'xccule(l, had 
 ■ Savage's Winthrop, II, 397, ;39S. 
 
12 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 desired [lassaye in that sliip to Barlmdoes, 
 \vlii(;li not olitainin^-, that accident was ol)- 
 served to follow. Notice heing ,<,aven of this 
 to the magistrates then sitting in (.'ciurt at Bos- 
 ton, a warrant was sent to apprehend liim, 
 and as the officer was yiassing therewitli over 
 the ferry, one aske<l if he conld not tame the 
 vessel, seeing he conld sometimes tame men : 
 he answered, I have that here which, it may 
 he, will tame her and make her ijuiet, shewing 
 liis wnrrant, and at the same instant the ship 
 hegan to stop her motion and swim ujiright, 
 which had continued rolling after a strange 
 manner ahout twel\"e hours, and after .Tones 
 was in prison she ne\'er moved in that kind 
 any more." 
 
 The trials of Mrs, Ann Ililihins in liM") and 
 1(J5G are chiefly distinguished liy reason of tlie 
 .social position, education and intelligence of 
 the accused, and l)ecause the magistrates refused 
 to acce[>t the jury's \-erdict of guilty and the 
 case was decideil hy the (ieneral Court. Mrs. 
 Hihhins was the widnw of William Hililiins, a 
 jirominent Boston luerchant, and a sister of 
 Richard Belliugliam, wlio was governor in l(i4I 
 and deputy guvernor at the timt' of her trial. 
 Her hushand liad heen the Coluny's agent in 
 England, and was one of the go\'ernor's assist- 
 ants from lti4.". to the time of his ileath in 1 (.)o4. 
 Her mindseeius to have heen deranged hy the 
 loss of wealth, and she liecame turhulent and 
 was cast out of the church. Her [)erson was 
 searched for witch-marks, and her lioxes and 
 and chests searcfied for pu]>pets, images, etc. 
 She made manv enemies, hut many persons 
 thought hei" unjustly condennied. In the lan- 
 guage of Governor Hutchinson, who winte of 
 her case in \~^\'): "It fared with her as it did 
 with -Joan of Arc in France — some counted 
 
 ' Hutchinson's Hist. Mass., I, 173 (ed, 179.5); 
 Hubbard's Hist. New England, 574, 
 
 her a .saint and .some a witcli, and some ob- 
 served marks of Providence set upon tliose who 
 were \-ery forwar<l to condemn her," ' 
 
 'Jdie details of these trials are very meagre, 
 (iovernor Winthrop was dead, ami the two 
 great w ritei's ujion this theme. Increase and 
 ('otton blather, ha<l not appeared upon the 
 scene. On May 14, HioO, Mi's, Hihhins was 
 called and aiijieared at the har of the (.Teneral 
 C'<iurt : the indictment was read, and she an- 
 swered not guilty, and was willing tii he tried 
 l>y God and the General (_'onrt. The evidence 
 against her was read, the witnesses ]>eing 
 present at the time lait not testifying in pei'son, 
 anil she then re[>lied, and her answers were 
 considered hy the court. It was deferrnined, 
 the whole court heing met togethei-, that she 
 was guilty of wit(;hcraft, '■aecfu'ding to tlie hill 
 of indictment fomul against her tiy the jury of 
 life and death. The go\'ernor in ojien court 
 pronounced sentence accordingly, declaring slie 
 was to go froiri the har to tlie place from wlience 
 she came, ami from thence tci the jilace of ex- 
 ecution, and tliere to hang till she was dead," - 
 
 In Kioli, Gooilwufe \\'alford was accused of 
 witchcraft Ijv Susannah Trimniins, and was 
 tried l)efore tlie Gourt of Assistants at Ports- 
 moutli, Mrs. Trimniins testifieil that slie met 
 (_iooilwife W'alford in the woods on Sundav 
 night who reijuested the loan of a pound of 
 cotton, ^\■hicll she refused. They separated and 
 Mrs. Trimniins stated that she was "struck as 
 with a clap of tire on the hack." and that the ac- 
 cuseil \-anislied toward the water side "in tlie 
 shape of a cat." Mr. Trimiuiiisand se\-eral others 
 testified that ]\Irs. Trinnnins was ill and nerv- 
 ous for some time after this encounter: hut 
 none of them eijualled the cat storv. The 
 accused was not re}iresented hy counsel, and 
 - Mass. Records, IV, pt. I, 2G9. 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 
 
 13 
 
 was denied tlie rij^lit of eross-exaiiiinatioii. 
 She was found guilty Imt was not executed.^ 
 
 The trial of Cioody (do\-er in Noveinher, 
 Kiss, is reuiarkahle for the ex[)eriments whieli 
 the poor <leinented woman \\-as made to ]>er- 
 torm in er)urt. Some small images oi' pupiiets, 
 made of raij,sand stutfeil with ^oatV hair, wert' 
 found ii^ her house and produeed at the trial. 
 The ehar^e a,i;ainst hei' was that of hewitehin^ 
 the eldldren of John (iooilwin. She eonfessed 
 that she tormenteil tin' ehildrcn hy wetting her 
 finder and stroking; the images. I'mler the 
 judges' orders she performed this experiment 
 twiee in eourt, and eaeli tinu' one of the eldl- 
 dren present fell into tits in the presenee of the 
 jury. She eonfesse(l further that slu' had a 
 prinee. \\'ith whom she had eornmunion, and 
 at nin'ht she was heanl expostulatiiin' with a 
 de\dl for desertini;' hei'. She was accor(h)i,!j,ly 
 hunt;- as a witeh. - 
 
 Uliode Island enjoys the distinetion of entire 
 freedom from the witeheraft delusion, and no 
 prosecutions ever oeeurred ujion that ehar,i;e. 
 Her historian attrilaites this to tln' faet that 
 Ehode Island "liail suffered too much h-oiri the 
 sujierstition ami tln' priestcraft of tin' I'uritans, 
 readilv to adopt their delusions, and there was 
 no State cleruy to stimulate the whims of theii' 
 parishioners." -^ 
 
 In 169'i occurred the jnost memorahle epi- 
 derruc of witchcraft ever witnessed in America, 
 ami Salem was a hotdied of witches. There 
 
 was ^I'cat popular excitement, 
 Section ii. 
 
 Trials at '""' t''t' jails in Essex, Muldle- 
 Salem for s(.x and Suffolk counties were 
 
 Witchcraft. ,. ,, ^ i r +i * 
 
 tuli ot jiersons accuseh (.)t that 
 
 crime awaiting trial. Sir \\dlliam I'hips had 
 
 I Adams's Portsmouth, 38-40 (18-25); 
 Barstow's Hist. N. H. 63-66 (1S42). 
 - Cotton Mather's "Memorable Providences" (1089); 
 
 heeii appointed the lii'sl govemor of the Prov- 
 ince under the Charter of W'illiam and Mary 
 of IdDl. He was a tirm helie\'er in witclies, 
 and one of his first official acts was to com- 
 nussion a S})ecial Court of Oyer and Terminer 
 for the ])ur[)Ose of trying witches in these tluve 
 couidies. 'Idds court consistcMl ofse\'en judges, 
 \\dlliam Stoughton, chief justice, and the^ fol- 
 lowing associate judges : Nathaidd Saltonstall, 
 afterwards succeeded hy -Jonathan Curwin ; 
 John i;icliards, Bartholomew <ieilney, W^dt 
 Wdnthrop, Sauniel Sewall, and Peter Sargent. 
 These judgx's sat as a full hencli and dei-ided all 
 questions of law upon the spot iluring the trials. 
 No appeal was allowed. The connnission was 
 datcil .Tune "l, l(i9"2, and the same day the court 
 coin'ened at Salem and comnienced the ti'ial of 
 witches. The court sat live days, namel>' .Fune 
 '2, .lime 2S, August •'!, Septemher 9 and Sep- 
 temher 1 7, 1 '192, and twenty pei'sons were trieil 
 hy jury, found guilty, sentenced and executed. 
 Nineteen were hung, and one old man, (dies 
 <Jorey, was pressed to death for standing 
 mute. 
 
 Ih'idget liishop, alias Oliver, ^^•as the first 
 person trieil at Saleru for wdttJici'aft. She hail 
 l>een charged wdth witchcraft twentv years he- 
 fore, hut her actaisei' confessed on his death lied 
 that the chai-ge was false. She was of a frac- 
 tious temper and mutdi disliked in the neigh- 
 hi)rhooil. The atfiicted persons and the "con- 
 fessors" testified that they had seen the prison- 
 er's spectre, and an excrescenci' was found ujion 
 her hody, which was hidieved to he an imjj's 
 teat, ddie .jury considered this sufKcient e\'i- 
 dence of witchcraft, and returned a verdict of 
 guilty ; the judges seidenced her to suiter death, 
 
 "Witchcraft in Boston," by Wra. F. Poole, in Jlemo- 
 rial History of Boston, II, 143, 143. 
 ■' Arnold's R. I., 535. 
 
u 
 
 THIi jrniCIARY AND THE 11 AR OF NEW ENGLAND. 
 
 and (111 .Iiiiic 1(1, lliD'J, she was liiui^ l»y the 
 liiijli slieritt' i)f Essex cimiity. ' 
 
 At Ikt trial as wt'll as at the hiter trials at 
 Salem, all the rules of evidenee, justice and 
 constitutional rights, as now recoL;inzed, were 
 re[)eatedly \'iolated. Any jierson who would 
 .say anything itfiaiiiKt the accused was hrouj^ht 
 into court and allowed the utmost freedom in 
 t^-ivini; his testimony. TJie ri,i;ht of cross- 
 examination was denied the jirisonei', and not 
 one of those tried seems to liave heen rejire- 
 sented hy counsel. Self-confessed witches wcw 
 re<|uirt'd to tell what they knew of the aci/used, 
 and th(.' hewitched pei'sons weiv jiernntted to 
 state that their afflictions were caused hy the 
 prisoner. [n one case ( \\'ardweirs) a wife was 
 allowed to tt'stify against her Imshand. The 
 jury searche(l the jterson of the sujiposed witch 
 for witch-marks: the Judges hrfiw-heat the 
 witnesses and the jury : ami the }io]iulace over- 
 awed the judges and the juries, and cried aloud 
 for hlood. 
 
 The adnnssion of " sjiectral " e\'idence against 
 the accused was perhaps tln.^ worst feature of 
 these trials — hail as they were in other respects. 
 This occasioned a jii'cat dispute, and was con- 
 sidered a matter of su(di importance that Oon'- 
 ernor I'hijis and his Ccanicil ]ei|uested the 
 opinion of se\'eral of the principal iidnisters 
 upon this (juestion of e\'idence, amoni;' other 
 matters ai'isini^' out of the Salem trials. ( )n 
 June 1-J. l(i9"J, the niinist(Ms returneil a formal 
 written I'cjily, in which they condemned tlie 
 use of spectral e\"idence, and stated that to 
 justify a con\iction of wit(di<;raft the evidenee 
 "ought cei'tainly to he more considerahle than 
 haivly the a(;<aised pel-son's heing repi'esenteil 
 hv a specti'c uido the afllicted; inasmuch as it 
 
 I 3 Hutchinson, 49; 
 
 Barry's Hist. Mass. (2d ed.), 37. 
 - 2 Hutchinson (2d ed.), 49-.")l. 
 
 is an undouhted and a notorious thing that a 
 demon may, hy God's [lermission, a|»pear, e\'eii 
 to ill ])Ur]ioses, in the shape of an innocent, 
 yea, and a virtuous man." - 
 
 In Kehecca Nurse's case the first jury hi'ought 
 in a N'crdict of not guilty, wdiich so enraged 
 the accuseis and the populace that the judges 
 felt oliliged to refuse to accept tlie vei'dict, and 
 the same jury w'as sent out again, aftei' heing 
 lectured hy the (diief justice, wdio also stated 
 that the jury nnist have o\erlookeil an im- 
 portant piece (jf CN'idence, to wit, the prisoner's 
 sLirjjrised exclamation when a fellow-}irisoner 
 testified against her. She was allowed to state 
 that she was surjirised, and that she was so 
 deaf that she (;ould not heal' wdiat the foreman 
 of the jury said. The jury then returned a 
 verdict of guilty, and Kehecca Nurse w'as hung. 
 Tiiough the judges then had the power to 
 aceejit a \erilict of not guilty, the ]iower was 
 \-erv seldfim excj'cised.^ 
 
 (dies Torev foi' standing mute was ordered 
 hy the court to he pressed to death, and the 
 order was executed on Septernher 19, lliStii. 
 The sujierstition and credulity of the times are 
 shown hy the following entry in .Judge Sewall's 
 ■lournal undi/r date of Sejitemher :iO, l(j9'.i: 
 '■ Now I hear from .Salem that ahout eighteen 
 years ago he (Corey) was suspected to have 
 stam|)ed and pii.'ssed a man to deatli, hut was 
 cleared. It was not rememhered till Anne 
 I'ntnarn was told of it hy said ('orey's spectre, 
 the Sahhath day night hefore the execution." 
 The villain of the se\-eiiteenth centurv has 
 hecome the hero-martyr of the nineteenth, and 
 has heen immortali/.ed hy the poet Longfellow 
 in his tragedy entitled "(dies (_'orev of the 
 Salem Farms." 
 
 ■■ Uphani's Lectures, 84; 
 2 Hutchinson (2d ed.), .')2; 
 Washburn's Jud. Hist. 144. 
 
THE JUDICIAL SYSTEM OE NEW ENGLAND. 
 
 15 
 
 Tlie (le\'il Hyurt'd as a nhtv consiiicuKUs cliar- 
 aetei' in these pi-oeeeilin<;s. 'I'lie allcj^alioiis in 
 the iiidietnient against ^lary ( )s^ I, fur in- 
 stance, were "tliat ]\hn'\' Osgood, ahuiil eh'\'en 
 years ago, in the tdwii of Andover, wickedlx', 
 nialieionsly and feloniously a <'o\'enanl witli 
 the Devil did make, and sigiuMl the Devil's 
 IJook and took the l)e\-il (o he her(lod, and 
 consented to ser\-e and worship hiui, and was 
 hajjfized hy the I'evil and rennunecd hci' fi>i-tiier 
 Christian haptism, and pruiniscd to he the 
 Devil's, l.)Oth sold and hody forc\ci-, and to 
 serve him: hy which diaholical co\-cnaiit h\' 
 her made witli the De\il, she is hccomc a de- 
 testal>le witch, against the peace, etc."' 
 
 ^lary Osgood was tln' \\ ifi' of ('aptain (Os- 
 good of Ando\er, was a highly respectahle 
 woman, and much I'stctaned hy her iieighhoi's. 
 Tile al;)0\'e indictUR'nt was hased iipou an 
 alleged confession taken hefore -hihn Ihiwthoiiie 
 and otlier justices on Septemher S, IdlC^, in 
 which Mrs. Osgood was rcpoi'teil as saying, 
 "that alxiiit 11 yeai-s ago, when she was in a 
 melancholy state and condition, she iise(l to 
 walk af)road in her orchai-il : and upon a <-er- 
 tain time, slie saw the ajipearance of a cat, at 
 the end of the house, w Inch yet she thought 
 was a real cat. Howe\-ei', at that time, it 
 diverted her from praying to God, and instead 
 thereof she pi'ayed to the (le\-il : wlio.asa hlack 
 man, came tfi her and pn'seidcd her a hook, 
 ujion \\diich she laiil liia' liiig<a- and that left a 
 I'ed s}iot : And that upon liei' siguiiig, the 
 ilevil told liei' he was liel' (iod, aud that she 
 should ser\'e aud woi-ship hiiu, and, she he- 
 lieves, she consented to it. She says fui'thei', 
 that ahont two years agoue, she was cai'i'ied 
 through the air, in compau\- with deacon i'^iye's 
 wife, p]l)ene/,ei' l>akei''s wife, ami ( ioody Tyler, 
 
 1 Washburn, 142. 
 
 '' 2 Hutchinson (2d ed.), 31. 
 
 to ti\'e mile |)oud, wliei'c she was l)apli/,e(l hy 
 the devil, who dipped her face in the water and 
 maile hei' naiouiice hei' former haptisiu, anil 
 tolil her she must he his, soul aud ho(h', for- 
 v\('V, and she must sei'\'e him, w hicli she pinm- 
 ised to do. She says, the I'enouucing her lii'st 
 haptisiu was after hei' di|ipiug, aud that slie 
 was ti'anspoi-tcd hack again thi'(Migli the .air, 
 in company with the foi'ename(l pei'sous, in the 
 same maunei' as she went, and heliex'cs they 
 were i-arried upon a pole.'' '- 
 
 Authcaiy ('heekley acted as altoi'uey-geiieral 
 at some of the Salem trials, his commission 
 ha\'iug heen issued hy ( ioxci'uor I'hips on 
 ■luly 7, 1 (>!(:!. He was a meichaut aud mili- 
 tai'v mau, and had no s])ecial education or 
 t I'aining fi")r the hai-. 
 
 This special coui1 adjoui'ned fi-om Septemher 
 17, l()!)j!, to the first Tuesday of \o\'end)cr, 
 and was dissohx'd in the iin'autiun'. 'Idie 
 ( 'harter of KiHl conferi'cd u]>ou the legislature 
 the [lower of estahlishiiig coui'ts. As tJiis 
 special court was not t'stahlislu'd hytlie(k'n- 
 eral ('ourt, hut merely hy the go\'eruoi', it is 
 geiiei-ally regarded as ha\ing acted without 
 authority of law.^ The ohjectiou may he 
 te<-hnically t-iirrect : hut it sliouhl he noticed 
 that the legislatui'e was iu session from .luni' S, 
 to -July -1, 1()92, aud that no statute was enacle<l 
 or e\'en pi'oposed t<i stop the coui'.se ot the 
 ti'ials at Salem. On the couti'ary, the old ( 'ol- 
 onv law wdiich made witchci'.aft a capital of- 
 fence was iv\-i\'e(l. 4 
 
 It is consoling to professional pi'ide to know 
 that none of the judges who s.at at the Salem 
 trials foi' witchei'aft had heiai e(lucaled as law- 
 yers, ('hief -histice Stoughton aud .ludgxs 
 Sewall were educate(l foi- the ministi'y ; .hidgi^s 
 Whnthiop aud ( ledney wei'c [ihysicians, and 
 
 ■■■ Washburn, 141. 
 
 -I Hutchinson (2d ed.), II, 52. 
 
16 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 thf other jvii1li,os wore im'ix'luints or iiiilitary 
 men. Judi^e Saltoiistiill seems to \\i\\v heen 
 the only one on the heneli who was not eai'rieil 
 away hy the |)o|>uhir (lelusion and chimoi-. He 
 left tlie bench early in the tiials, |)i'ohal)ly l)e- 
 eause he (lisa])]:iro\'e(l of the jiroeeedin^s. In 
 1 (J97, -ludire Sewall made a })ul)lic confession 
 in church of his errors luid sins in connection 
 
 with these witchcraft trials, and prayed for- 
 giveness. Tlie details of this confession are 
 fully set fortli in his jouiaial undei' date of Jan- 
 uary 1"), l()9()-7. ' Stoughton, liowever, I'e- 
 mained a, firm helievei' in witchcraft until his 
 death, and seems never to liave regretted the 
 l)art he took in the Waleni trials. 
 
 CHAPTER II. 
 
 Section 12. 
 
 Union of 
 
 Judicial 
 
 and otlier 
 
 Functions. 
 
 In sti'iking conti'ast with the present se})- 
 ai'ation of the powers of government into three 
 de})artments — executive, legislative and judi- 
 cial — was the early union of 
 tliese ]:)0wers. Towers now 
 recognized as idearly judicial 
 in their nature and pertaining 
 exclusively to the courts were 
 generally exercised hy the legislature, and in 
 some tdasses of casi-s the legislature ivtained 
 this jurisdiction well into tlie nineteenth cent- 
 ury. 
 
 The Massachusetts Charter of l(i91 was the 
 first important step in tlie direction of separat- 
 ing tliese departments. 
 
 Tntil 1707, the powers of the (ieneral (_'ourt 
 of Massachusetts to try and sentt'iice offenders 
 for [)ast offences, seems to have heen exercised 
 without oljection from tlie iMiglish go\'ern- 
 ment, and was generally considered t<i ht' 
 ivgularand ])roper in the < olony and Pi'o\dnce 
 under the charters of Kil^it and 1(191. Acting 
 upon tins view, tlie (ieneral (Aairt, in 170(i, 
 tried Saimud \'etch. John lioiland, Roger 
 Lawscai, William Rouse, .lohn I'hilli[)s and 
 
 1 Washburn, 14!t, 2G0. 
 
 E])enezer ('offin for trading with tlie French 
 anil Indians at No\'a Scotia ; foun<l tlieni all 
 guilty of the charge, \\Jiich was prosecuted hy 
 the goxernor's son, Raul ])udley, acting as 
 queen's attorney, and imposed sentences of fine 
 and impri.sonment. These sentences were, 
 however, declared to he invalid by the C^ueeii 
 and her Rri\-y ('ouncil at a meeting held on 
 .September 24, 17(17, for the reason that the 
 (ieneral Court had no power to try criminals, 
 as that power resided in the courts of law, 
 where the proceedings could be carried on by 
 the ordinary rules and known methods of jus- 
 tice. The fines were accordingly remitted, and 
 the parties ordered to stand a new trial at law, 
 if prosecuted within a year. - 
 
 In 167!S the Rhode Island Assembly refused 
 to take jurisdiction of the civil case of Sandford 
 V. Forster, which had been twice tried by the 
 (Ieneral Court of Trials, composed of the gov- 
 erner ami assistants, and disclaimed the jiower 
 to review the judgments of that court, exce})t 
 in cases of criminal nature, or of mulct or fines. 
 In Ki.sO, however, the A.ssembly reasserted the 
 right to review by appeal the judgments of the 
 - 2 Hutchinson (2d ed.), 15G-158. 
 
THE JUDICIAL SYSriiM OF NEW ENGLAA'D. 
 
 17 
 
 Cieiieral Court cit' 'I'rials, and coutiiiiK^d tn cx- 
 eivise this powH'v for many voars. ' 
 
 While judicial powers were exercised hy tlie 
 legislature, [)rioi- notict- to the jiarty hound hy 
 the judgment was not considered essential, 
 though he was sometimes gix'en tirue to mo\'e 
 in arrest of judgment. An instanci- of this 
 method of jinieedure is shown in the case iif 
 Mr. Williams of l'a.'<cata(|ua. In KM") the Gen- 
 eral Court of Massachusetts hearing that Mr. 
 Williams had in his ])ossession a negni slave 
 who liad heen fraudulently l)rought h'om ( iuinea 
 hy (.'aptain Sm)tli, ordered him to surrendei- 
 the slave in oi'der that the Ceneral Court might 
 cause him to he returned to his home. The 
 judgment then continued: "And if you ha\'e 
 anything to allege why yiiu should not retui'n 
 him to he dis])osed of hy the (.'ourt, it will he 
 exjieeted you should foi'thwith make it appear 
 either hy yourself oi' your agent." ^ 
 
 In judicial pi'oeeedings the defendant has 
 always lieen entitled to due notice an<l an op- 
 portunity to pi'esent his defence. Under oui' 
 existing ( V)nstituti(in, these are essential to due 
 jirocess of law . and without them thejuilgment 
 is not hindiiig upon the defendant. ■' In l(i4l 
 the Massachusetts IJody of Liherties hy Article 
 21 iv(juii'ed the tii'st sunnnons to he ser\-ed on 
 the defendant not less than six days"liefore 
 the court." A little later, a notice of ti\'e days 
 was sutticient. ^ 
 
 I'jVen a ivhel cannot hi.' denii'il a heai'ing. ' 
 
 Ontheothei- hand, in legislati\-e proceedings, 
 notice to ])ai'ties and opportunity to ohject to a 
 pl'Oposed law ha\'e ue\'ei' heen essential to the 
 
 I Arnold's Hist. Rhode Island, I, 448, 459, 460 (ad ed.). 
 - Belknap's Hist. N. II., I, 75 (ed. 17S4). 
 ■' Pennoyer v. Neff, ItS U. S. 714 ; 
 
 Eliot V. McCormick, 144 Mass. 10. 
 -• Hubbard, 159. 
 
 •' McVeigh v. United States, 11 Wall. 259. 
 ■' Maynard v. Hill, 125 U. S. 190; 
 
 \alidity of the statute. When the legislatui-(^ 
 has the power to giant di\'orces, foi- instance, 
 prior notice to the iilieliee is not nccessai'y. '' 
 'i'he divorce tlaai partakes moic of the nature 
 of a statute than of a judgment or deeive. 
 This difference is fundamental in our foi'iu of 
 goN'crnment. 
 
 In many ('olonies it was cianmon practice 
 for the legislature to grant dix'orces, and until 
 recently this power was geiai-ally conceded to 
 reside in that department of section 13. 
 
 go\'ernment. Legislative 
 
 ,. \\'\ t-\ ■ 1 Divorces. 
 
 ' W lien this c<mntry was 
 
 settled, the jxjwer to grant a di\orce frfaii the 
 hoiids of matrimony was exc'rcised hy the i'ar- 
 liament of England. The ecclesiastical courts 
 of that country were limitiMJ to the granting of 
 di\'0]-ces from hed and hoard. Naturally, the 
 legislative as.semhiies of the colonies followi'il 
 the exam])le of I'ai-liaiucnt and ti'eated the 
 suhjeet as one within their ])rfivinee. iVnd 
 until a recent ])erio<l legislati\'e divorces ha\e 
 heen granted, with few exceptions, in all the 
 States."' 
 
 Ill (Vinnecticut, the legislature ;it hrst granteil 
 di\-orces itself and aftei'wards conferred the 
 power on the Sujierioi- ( 'oiu't to grant di\'orces 
 upcai certain specified grounds, amf>ng which 
 were adulteiy and desertion, and continued to 
 grant divorces itself upon other gi-ounds, not 
 specified. In 179."), .Iiidge Swift stated : " l''i'e- 
 (|uent a[)plications are made to the legisjatiu'e 
 foi' such i)Urpose, and it seems to ha\(' heen 
 adopteil as a giaieral rule that in all cases of 
 intolerahle (a'Uelty, and iii\-etei'ate hatreil, and 
 
 Cronise v. Cronise, 54 Pa. St. 355. 
 "• Per Field, J., for the Court in 
 Maynard v. Hill, 125 U. S. 190, 206; 
 Bishop, Mar. & Divorce, section 664; 
 Cronise v. Cronise, 54 Pa. St. 255, 361 ; 
 Stowe V. Pease, 8 Conn. 541 ; 
 Cram v. Meginnis, 1 G. & J. (Md.), 463, 474. 
 
18 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 Kucli <;r()f^K inislH'luu'idi- and wickediicHM as de- 
 feat the desi<j,ii (if inan'ia.ne, and presuiii]iti\'e 
 })rO(if of a erinniial coimeetimi witli aiiotlier 
 jiersoii, \\liere the jiositive jiroof re(|uired hy 
 law eannot he lia<h di\'orees may he j^ranted." ' 
 Even under the (.'(institution of 181 S, tlie le^;- 
 ishiture tiad tlie power of ^rantint; divorces. - 
 
 In Massachusetts, juris(hetion in di\'orce was 
 early conferred upon tlie Court of Assistants, 
 with a rii;ht of appeal to the (ieneral (_Viurt.-' 
 
 ()\\ Decemher ;5, KJ.'Sf), tlie Court of Assist- 
 ants or Quarter Coui't held at lioston, at which 
 nine niemhei's were [iresent, decreed a divorce 
 to the wife of -lames Luxford, for the reason 
 that he had two wi\'es livinj),-, anil his last niai- 
 liaj^e was dechired null and \-(iid. He was 
 ;ds(i fined one liundreil pounds, put in the stocks 
 and hanislied, and all his ]ir(ipeity i;iven to his 
 .second wife and hei' children.^ 
 
 (Jn March ."i, ]()44, the Court of Assistants 
 " ordei'cd that John Richai'dson should he 
 seijuestered from Elizaheth Fryai', to whom he 
 was married ye Vl\\\ of the Hth Mo., and 
 neitlier to meddle with her person noi- estate 
 till thini;s he cleared liy ad\ice from l']ni;hind." 
 
 ()\\ No\-emher 1:1, 1()44, the (leneral ('ouit 
 on additional testimoii)-, "do de(;lare the last 
 marriage to he \'(ii(l, which was l*jli/.alietli 
 Friar." 5 
 
 'llie case of .Jane Halsell \'s. ( Jeoinc Halsell 
 is sti'ikinjj,' and peculiar, in that the (leneral 
 Court in KioH, three yeai's after the wife had 
 lieen i;ranted a divorce hy the ('ourt of Assist- 
 ants, on the petition of the hiisliand that his 
 wife "may he i-etui'ued to him," ordeicd, aftei' 
 hearinn' lioth pai'tics, "that the judniiient of the 
 
 ' Swift's System, I, 193. 
 - Stowe V. Pease, 8 Conn. 541. 
 '■ Whitmore's Colonial Laws of Mass., 101 note. 
 ■• Whitmore's Colonial Laws, 100 note. 
 ' Whitmore's Colonial Laws, 99, 100 (1890); 
 General Court Records, II, 80. 
 
 said Court of Assistants in I'eference thereto he 
 void, and that the .said ( ieoi-j;c Halsall shall 
 have and enjoy the said Joan Ilalsall, his wife, 
 a^ain." " 
 
 'idle (iovei'iior and Council were oiven jui'is- 
 diction to f:;]-ant (li\'oi-ces hy the jirovince 
 statute of l()92-9;), c. -!•"), sec. 4. Their pi'O- 
 ceedin^s were judicial in nature and were de- 
 cided hy a majority vcite (jf those jii'esent, even 
 if the i^ovei'nor voted with the minority. ' 
 The (iovernor and Council continued to e.\- 
 ei'cise this power of ;j,i-antinu divorces down to 
 the }ieriod of the lievolution. After the de- 
 paiture of the I'oyal ,n(i\'ei'iioi- and lieutenant- 
 oiivernor, and when there was no court in the 
 State emjioweicd to tirant di\'orces, the legis- 
 lature at the Majx-li .session of 17<sn, chaptci' 7, 
 i^i-inteil a divorce. 
 
 In 1 79li, a divorce having lieen "ranted hy 
 a resohe of the legislature, (iovernor Hancock 
 disa]i]iro\ed the resol\-e on the express }j;round 
 that it was heyond tlie constitutional power of 
 the Ie,L;islatiu-e ; that since the Constitution of 
 17.SI) and the statute of USo, (Jiapter (19, this 
 piiwei- vesteil ex(dusi\-ely in the Supreme Judi- 
 cial ('ouit.*^ The leuislature, howevei', con- 
 tinued at lonjj; intei'X'als to ])ass similar I'csolves 
 nJatiiiu, to mari'ia^c and dix'orce, and the courts 
 lia\'e held them unconstitutional.-' 
 
 Cndcr the ^[assachusctts (Jiartci- nf 1(;9], 
 the ( Jovei'noi' and Council were authori/.e(l to 
 jii'ove wills and <j,i-aiit administration, and ex- 
 ercised these iiowei's foi' maiU' 
 
 ' Section 14. 
 
 years. The (idX'eiiKir and Probate 
 
 Council also apjiointed judges Jurisdiction. 
 
 of pl'oliate in the se\'eral counties, with a i-i^ht 
 
 '' Whitmore's Colonial Laws, 100, 101 note. 
 ' Sparhawk v. Sparhawk, 116 Mass. 31.5, 317; 
 
 Peters v. Peters, 8 Gushing, 529, .541. 
 " Shannon v. Shannon, 3 Gray, 285, 286, per Metcalf, J. 
 " White V. White, 105 Mass. 325; 
 
 Sparhawk v. Sparhawk, 116 Mass. 315. 
 
THR JUDICIAL SYSTJiM OF N liW ENGLAND. 
 
 lit :iii[)t':il to tlu' ( }(i\'i'Viini- :ili(l Couiiril, who 
 wcri' tlu' supiiMLK' (.■(lurt of prdlmte until at'tci' 
 tlie Ri.'\iiluti(iii. 'I'hi'sc prdliiitc jii(li;fs \\k-\\\ 
 tlieivfoiT, iiuTfly suiTOMatfs of tlu' (JdviTiior 
 and CouiK-il, ami t'xcirised only a lUdcnatcd 
 anil liiiiitt'd authority.' Altliouj;li a proNin- 
 cial act was passed, cstalilislnnti courts of pro- 
 liatf, it was nci;ativcd liy the kiny. Tlic pro- 
 i-eedinys in the prohatc courts were \-er\' loose 
 and informal. As late as 17(iO, they had no 
 seal, and ke])t no records, and had no I'ules of 
 couit. - 
 
 'Idle ('onstituti<in of Massachusetts of 17.S0 
 continued the power of the Oowrnoi' and 
 ('ouneil for a sliort time, hy |iro\-idinn' in cliap- 
 tei- .">, article •'), that "all appeals hr)m the 
 Judges of prohate shall he heard and dctei'miiied 
 hy tlie ( Jo\'ernor and ('(anicil, until the Ie.i;is- 
 lature shall hy law make other pi-o\'isiou.' 
 The statute of ITS:!, c. 4(), enacted March 1 L' 
 17>S4, estalilished the County ('ourtsof I'rohate, 
 and constituted the Supreme .Judicial Court 
 the Supivme ( 'ourt of I'rohate. and aholished 
 the prohate jurisdiction of the (ioN'crnor and 
 ('ouneil.'' 'Idns jurisdiction has remained in 
 the Supreme .Judicial ( 'ourt to the })rcsenf time.^ 
 
 In Wales v. Willard, 2 Mass.. 120, Chief 
 •fustice Pai'sons, in deli\'erinii the opinion of 
 the court, says on pa^c 124: "The ('ounty 
 Courts of Prohate were ne\-er estahlished hy any 
 statute until the act of ^larch 12, 17.S4. lie- 
 fore the Itevolution, the Ju<1l;i's of prohate were 
 considei'cd as suri'onates of the (io\ci'noi' and 
 ('ouneil, who deii\'ed tVom the I'oyal chaitei' 
 tlie authority to p|-o\'(' wills and to Lii'ant a<l- 
 miinsti'ations. A ]iro\'incial act was pa.ssed foi- 
 erecting Coui'ts of I'i'ohate in the se\'ei'al coun- 
 
 ' Wales V. Willard, 2 Mass. 120, 124, per Parsons, C. J. ; 
 Peters v. Peters, 8 Cush. 529, 540-513, per Shaw, C. J. ; 
 White's Probate Courts, 17-21. 
 
 ■ Washburn, Jud. Hist. Mass., 187. 
 
 ■ Wales V. Willard, 2 Mass. 120, 124; 
 
 ties, hul it was ne,t;ali\'ed hy tln' kin,y. A 
 nuudiei' of other acts wei'c afterwards passed, 
 which i'eco,L;ni/.(.' the jiower of tlii' ('ourts of 
 Prohate, and regulate appeals from them to the 
 (ioN'ei'uor and ('ouneil, which were ai)pi'o\'ed. 
 liy the ('(institution, amont; other laws, the 
 acts rci^ulatinn and detininfj, the proceed injj,s of 
 the ('ourts of I'i'ohate were (.■onfirme<l, au<l the 
 a]ipeal i;i\en to our (lo\-ernor and (Jouucil, un- 
 til the legislature should otherwise (irovide. 
 I'.y the shitute of March 12, I7.S4, I'rohate 
 Courts w"ei-e estahlished, with the powers and 
 jui'isdi(.'tion jj,i\'en hy the laws of the ('ommon- 
 wealth. The app(dlate jurisdiction is \'este(l 
 in the Supreme .Judicial ('ourt: to which is 
 also i;i\'eu original juiisdiction in all ea.ses in 
 which thejudi;e of prohate is interested." 
 
 In 1()7(> the (Jciieral Court of Massachusetts 
 authorized the sale of lands of a decea.sed delitor 
 for payment of hisdehts; a hiw wdiieh Huh- 
 hard thought to he " very necessary . . . wdiere 
 men often die sei/,e(l fif much land, and little 
 other estati's." •' 
 
 In many idasses of ca.ses where the Colonial 
 
 lei^islatures jireferi'ed not to rehear ea.ses them- 
 
 seh'cs, they granted \w\\ trials in actions wdiicli 
 
 had heen iiivviouslv deteninned 
 
 Section 15. 
 
 hy tJ)e ordinary courts. This New Trials 
 practit'c was suhversi\'e of the Granted 
 
 I 1 i- i 1 • 1 • • by the 
 
 indeiiendence ot tlie uk iciarv , . , .. 
 
 1 •' ■' Legislature. 
 
 and tiually led to controversv 
 hetween the two dejiai-tmeuts. New liamp- 
 shiiv was the scene of a thirty yeai's' war upon 
 this point, wdiicli i'ikUmI in fa \'or of the judicial 
 (k'partment. 4die w ai' he,ii;an ahout 171*1 when 
 the Cenei'al Court oideivd a new trial in tlu' 
 case of Cilman v. Mc('leai'y. 4die Superior 
 
 Peters v. Peters. 8 Cush. 529, 541, 542. 
 J Public Statutes, c. 156, sec. 5; 
 
 Sparhawk v. Sparhawk, 116 Mass. 815, 318. 
 ■' Hubbard's New England, 592. 
 
20 
 
 THE JUDICIARY AND THE BAR OF NEW ENGIAND. 
 
 Cnurt arrt'i)te(l tlic .ya^e of liattle, (k'claved the 
 statute uiieiiiistitutioiial, and refused to allow 
 a \\c\\ ti'i<d. Tlie legislature renewed tlie fight 
 at least twiee within the following six years, 
 and gi'anted new trials in the eases (if C'hieker- 
 ing V. Clark and liutterfield v. ^h)rgan. Again 
 the Court deelineil to ohey tlie statute. Still 
 dissatisfied, the Icgislatui'e ordered new trials 
 in Jeiniess v. Sraxey and in Meri'ill \". Sher- 
 hurne, wliieh the court I'efused. The ease last 
 cited eontains a full and ahle discussion of the 
 <|uestion liy Judge W'oodhui-y, in which it was 
 (dearly demonstrated that the power of grant- 
 ing new trials resided in the courts and not in 
 the legislature. ^ 
 
 In (.'onneeticut the exercise nf tliis power of 
 granting new trials, gave rise to the decision of 
 an inijKii'tant i|Uesti<)n "f law hy the Su|ii'enie 
 Court of the Cuitcil States in 179.S. Calder v. 
 Bull, -■> Dallas, :)S(i, involved the (/(institutional 
 validitv of a statute oi' it'solution of the Gen- 
 eral Court of Cdiniecticut, setting asiiU' a decree 
 (if a pmhate ciairt and granting a new hearing 
 heture the same cdurt. The State courts held 
 this statute to he valid, and granted a new- 
 hearing, which resulted in a (le(:isi(in for tlie 
 othci' party. Tlic defeated party then carried 
 tlie case to the ruite(l States Supreme (Jourt, 
 (daiming that the State law was an ex post fai:t(j 
 law, in violation of the Fe(lei'al ('(institution. 
 The Supreme Court, howevei'. held that this 
 provision apjilied only t(j criminal niattei's, and 
 therefore affirmed the judgment of the State 
 court. -Judge I'aterson in the course of a 
 leaine(l (ipinion says: ■It appeals that the 
 IcLiislatuiv, or geneial court of ('onneeticut. 
 (iriuinallv p(issesse(l and exei'ciseil all legisla- 
 tive, executive ami judicial authority. 'riie\' 
 
 I Merrill v. Sherburne, 1 N. H. 199 (I8I81. 
 ■ CaWer v. Bull, 3 Dall., 386, 395. 
 •' Holden v. James, 11 Mass. 396; 
 
 acted in a doulde capacity, a.s a house of legis- 
 lation witli undefined authority, and also as a 
 court of judicature in certain exigencies."- At 
 this time, Connecticut had no Constitution 
 excejit the Charter of 1()()2, wJiich had heeii 
 ]'atified hy the legislature, hut had not heen 
 voted ujiou hy the [leople at large. 
 
 In isl;}, the legislature of Massachu.setts, 
 after the plaintitt''s iJglit of action had lieeome 
 harred under tlie general statute of limitations 
 relating to executoi's and administratoi's, passed 
 a resolve autlioriziug the plaintitt' to sue the 
 defendant within one year after its passage, and 
 expresslv providing that "the operation of the 
 several statutes of limitation of this Common- 
 wealth, so far as they may come within the 
 [irovision (if this resolve, he, and they hereliy 
 are, susjiended, and the same shall iKit operate 
 as a har to the several actions, suits, and (Jaims 
 above inentioneiJ." JJie plaintiff comineiiced 
 his action wJtliin the year. JJie Sujireme 
 Judicial ( 'ourt held, in an ahle opinion hy Mr. 
 Justice Jackson, that the resolve was uncon- 
 stitutional, for the i-easou that the Icgislatui'e 
 had not the power to suspend tin- ojieration of 
 a general law in fav(-ir of an individual : that 
 the right of action was therefore harre(l, and 
 the jilaintitt' could nrit recover.'* 
 
 In L)eiiiiy v. Mattoon, 1^ Allen, -'Jdl. it was 
 decided tliat the Statute of 1 SIJO, chapter 7S. 
 whi(di purported to confirm proceedings had 
 hefore a certain judge of insolvency, after such 
 proceedings had heen adjudged in\-alid hy the 
 Su}iicme Judicial ('ourt. was unconstitutional, 
 ('liief Justice ISigelow. in delivering the 
 unanimous opiiii(_in of the court, remarked upon 
 this suhject (pages 'MX. :i7S)) : 
 
 "The wise and salutary provision in our 
 
 See also, Denny v. Mattoon, 3 Allen (Mass. 1, 361 ; 
 Waters v, Stickney, 12 Allen (Mass.), 1, 6, 7. 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 2L 
 
 CoiLstitutiou, l)y wliicli its tViUiUTs s()ui;lii to to orant a \w\\ trial or direct a rehearin.tj; of a 
 
 declare the distrihution of the ditterent powers cause whieli has heeii once judicially settled, 
 
 of the government and to kee[) them sej)arate The right to a rtsview, or to try anew facts 
 
 and distinct, is not a mere ahstract truth. It which have been determined by a verdict or 
 
 is eai)able of a ])ractical a|i])lication, by which decive, de})ends on tixed and well settled priii- 
 
 each department may be made to operate witli- ciples, which it is the duty of the court to ap- 
 
 in its own appro])riate sphere, so as U> accom- ply in the oxei'cise of a, sound judgment a.nd 
 
 plish the great end of securing a government discretion. These cannot be regulated or gov- 
 
 of laws and not of men. Althuugh it ma>' Ix; erned hy legislative action. Taylor v. Place, 
 
 difficult, if not imjiossible, to lay down any 4 R. I., '-VIA, '-VM . fjcwis v. Webb, .'5 Maine, 
 
 general rule which may serve to determint>, in :VlVy. ])e (diastellux v. Fairchild, 15 I'enn. 
 
 all cases, whether the limits of constitutional State R., IS. A fortiori, an act of the legisla- 
 
 restraint are overstepped by the exei'cise by one ture camicit set aside or annul final judgments 
 
 l)ranch of the government of powers exclusively or decrees. This is the highest exercise of 
 
 delegated to another, it certainly is practicable judicial authority. Lord Coke calls judgment 
 
 to apply to i^aeh case, as it arises, some test by and execution the 'Fruit of the law'. To vest 
 
 which to ascertain whether this fundamental in the legislature the jiower to take them away, 
 
 princi})le is violated. If, for exajnple, tlie ])rac- or to impair their effect on the rights of parties 
 
 tical 0})eration of a statute is to determine ad- would be to deprive the judiciary of its most 
 
 versarv suits pending between party and ])arty, essential prerogative. It could then no longer 
 
 bv sufjstituting in the place of the well settled adjudicate and determine the rights of litigants, 
 
 rules of law the arbitrary will of the legislature'. The will of the legislature would be sulwtitirted 
 
 and tliereby controlling the action of the trili- in the })lace of fixed rules and established prin- 
 
 unal before which the suits are jtending, no one ci])les, Ijy which alone judicial tribunals can be 
 
 can doubt that it would be an unautboi'i/.eil govei'ned." 
 
 act of legislation, because it dii'ectly infringes In Rhode Island until the adoption of the 
 
 on the peculiar and appropriate functions (jf Constitution of 1H4.'), the Ceneral Assembly 
 
 the judiciary. It is the exclusive pi'ovince of not only had the power to grant new trials, but 
 
 courts of justice to a})ply established ])rin(;i]iles re])eatedly exercised that i)Ower in all classes 
 
 to cases within theii-jurisdiction, and to enfoi'ce of cases, legal and eijuitable, after the time had 
 
 their decisions by ivmlering judgments and (lapsed withiiL which the courts could grant 
 
 executing them by suitable pro('ess. The leg- nvw trials. As late as ]<sr)4 the legislature 
 
 islature have no power to interfei-e with this exercised this po\\-er; but the Su})renie Court 
 
 jurisdiction in such maimer as to change the held it to be unconstitutional, as an exercise of 
 
 decision of cases jiending before courts, or to judicial [)ower, prohibited to the assembly by 
 
 im]iair oi' set aside their jmlgments, or take the Constitution of 1 ,S4;]. ' 
 
 cases out of the settle<l course of judicial pro- In isi^o the Supreme Court of Maine decided 
 
 cee<lin"'. It is on this pi'inci])l<' that it has that it was l)eyond the constitutional power of 
 
 been helil that the legislature have no jiower the legislatur(.' of that State to pass an act or 
 
 ' Taylor v. Place, 4 R. I., 3-4 (IS.'ie). This case contains a learned discussion by Chief Justice Ames, who was also 
 the official reporter at that time. 
 
THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 ivsolve ti'fantinij, a new trial or an ajipfal in 
 any easo hetwetMi pi-ivatt.' citizens. ' 
 
 Onr early judieial history shows that very 
 slight respect was paid to the freedom of con- 
 tract or to the ohligation of contracts. The 
 
 doctrine tliat an nnconscif)nal)le 
 Section i6. 
 
 Fixing Prices bargain was invalid, \\as freely 
 
 of Labor t-nforccd hy the courts, as well 
 and 
 Commodities. ''^ 'o' *'''' legislature. Any 
 
 charge that savored of extor- 
 tion was not only unenforcihle at law, hut \\'as 
 punishahle as a criminal offence. At the very 
 first sitting of the ('(:)urt of Assistants, which 
 occui'red at (.'harlestowii, on August '!'■], Ki.'iO, 
 it \\as ordered "that carpenters, joiners, hrick- 
 layei's, sawyers, and tliatchcrs take no more than 
 two shillings a day, under pain of ten sliillings 
 to giver an<l taker." - 'Jdiis policy of regulating 
 l)rices hy law continued foi' many years in the 
 Colonies with only a few interruptions forshort 
 intervals. The power of regulation was for 
 some time lodged in the freemen of the to\\'ns, 
 and when the towns differed upon rates, the 
 county court pronndgated nnifoi'ni rates.-' 
 
 In 1().").") \\-oi-kmcn were so scarce that wages 
 had again hcconic excessive, and lahoi'ei's were 
 ahle to earn enough in foui' days to support 
 them a week. A carpentei' received three 
 shillings a day. and a lahorer two shillings and 
 six |iencc. Acconling to Governor Winthroji 
 this caused many evils to spring uji, among 
 which were idleness and the ilrinking of strong 
 waters, and the use of tol>acco. The sellers of 
 food and other commoditit's also ad\'ance<l 
 jirices, sometimes to douhlc the cost in England. 
 Corn cost six shillings a hushel : a row twenty 
 pounds to twi'idy-six jiounds : a niaiv thirty-fi\'e 
 pounds: a cwx' goat three or four pounds. 
 
 Lewis V Webb, 3 Greenleaf, 336. 
 - Savage's Winthrop, I, 36; 
 Hubbard, 146 
 
 These high wages and jirices hecame a matter 
 of general complaint, and accordingly the (Jourt 
 of Assistants of Massachusetts Bay in HYXl 
 passed an order that for the future carpenters, 
 masons, etc., should charge not more than two 
 shillings a day ; that laborers should not charge 
 more than eighteen jience per day; and that 
 no commodity should he sold for ujiward of 
 four pence in the shilling more than it cost for 
 ready money in England, exce})ting only oil, 
 wines, liquors and cheese, on account of the 
 hazard in hringing o\'er the ocean.* 
 
 In 1()39, Captain Ivohert Keayne, who kept 
 a sliop in Boston, was complained of for op- 
 pression in the sale of foreign commodities, his 
 })rices heing notoriously higher than those of 
 other shop kee})ers. Although there was no 
 statute in force at that time regulating the 
 })rice of such commodities, Cai)tain Keayne was 
 "con vented" hefoi'e the (lenerid Court, was 
 duly tried and con\'icted and sentenced to })ay 
 a fine. The deputies wished to impose a fine 
 of two hundred pounds, "for the cry of the 
 country was so great against oppression, and 
 some of the elders and magistrates had declared 
 such detestation of the corrui)t jiractice fif this 
 man" : l)ut the magisti-ates agreed to only one 
 hundred pounds: and the matter was finally 
 compromised ])etween the two hran(dies hy a 
 fine of one hundred })Ounds, and hv referring 
 the (|uestion to the next Ceneral Coui't, wdiich 
 remitted 120 pounds of the tine.'" 
 
 In 1()4(), there heing a scarcity of money, 
 and prices of cattle and coniuKidities having 
 fallen greatly within a few years, the (Jeneral 
 Court of Massachusetts passed the following 
 order: "That upon every execution of debts 
 past, the officer shall take land, houses, corn, 
 
 ' Savage's Winthrop, I, 36. 
 ■•Savage's Winthrop, I, 188, 139. 
 ■ Savage's Winthrop, I, 377-3S2. 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 
 
 cattle, Hsh, or other comniodities, and iloli\'er 
 the same, in full satisfaetioii to the creditor, 
 at such prices as the same shall hf valued at hy 
 three uiiderstandini;- and indilferent nuai, to he 
 cliosen the one hy the creditor and anothei' hy 
 thedehtor, and the third hy the marslial. Ami 
 the creditor is at liherty to hd<:e his choice of 
 what .yoods lie will, and if he hath not sufHcient 
 goods to discharge it, then he is to take his 
 house, or land, as aforesaid." ' Under oui' 
 present National Constitution, a State statute 
 of this nature is unconstitutional, as impairing 
 the obligation of contracts. 2 
 
 The weight and ])riee of bread were also reg- 
 ulated l>y law, and bakei's fined for infractions 
 thereof. At a (Quarter Court of the Massaidui- 
 setts Court of Assistants helil at i><iston on 1 )e- 
 cendier 7, lli41, Thomas Hawkins was fined 
 ti\'e shillings for making light weight bread; 
 or, as it was expressed in the sentence, "for 
 making lirea.d to light."-' It would not, how- 
 ever, he safe to infer that Hawkins's bread was 
 used for illuminating purposes. 
 
 The intent and purpose of these regulations 
 were to keep wages Ixdow the level of the rate 
 of free contract. The power was exerted b}' 
 and ill the interi'st of the ein[iloying class, w hicli 
 then controlled the courts and the legislature. 
 The abundance of cheap laml in New l^]iigland, 
 howe\'er, pre\'ented these laws hoin accom- 
 plishing their iiuriMise.-* At that time the wage 
 earners were in fax'orof the treedoin of contract, 
 and the employers were o])posed to it. The 
 demand for labor exceeded the supply of labor, 
 and if tlie machinery of the law had not been 
 used a<;ainst the laborers, thev could have ob- 
 
 taine(l higher wages. The doctrine of Itihmz 
 faire then ojierated in fa\or of the workmen 
 and against the employer. 
 
 'i'lie ])olicy of State regulation continued 
 throughout the se\'enteenth century and a part 
 (if the eighteenth centuiT ; but was genei'ally 
 abandoned during the latter part of the eight- 
 eenth century. During the life of the present 
 generation this policy has been revi\'ed in some 
 ii'spects. Maximum charges for railroad trans- 
 ]iortation and tor storage of grain in ele\'ators, 
 and for gas and ek-ctric light have been estab- 
 lislied by law and enforceil by eoui'ts an<l coili- 
 mi.ssions. ■' 
 
 The wage earners, ahhough tliey have not 
 yet sucet'edt>d in nbtaining much legislation in 
 fa\'oi' of a fair minimum wage, lia\'e discussed 
 the (|uesfion in ])iiblic to such an extent as to 
 attract attention and compel consideration. 
 
 The [lositions and arguments of the two par- 
 ties ha\'e become [ireci.selv reversed in the 
 course of two hundred years. In the seveii- 
 
 ti'ditb centui'v the emi)Ioyers „ ^. 
 
 1 ■' Section 17. 
 
 fax'ored State regulation of Same 
 
 wages and argued that it was Subject 
 
 , , , Continued. 
 
 neces.sary 111 oi'der to prevent 
 
 extortionate wages, wdiile tin' workmen fa\ored 
 non-interference by the State, and contended 
 foi' freeilom of contract. Then, there was a 
 scarcity of labor in Nt'w JMigland, while now, 
 owing chiefly to labor saving macliiuery and 
 immigration, there isa surplus of labo)-. Wages 
 are low an<l employers ai'e now op[iost'(l to State 
 icgulation of wages, while employees nvv in 
 fa\'oi' of it, as a means of secairing higher wages. 
 The policy of tixing a iniiximuin workday 
 
 Mass. Records, I, 291, quoted in Savage's Winthrop, 
 
 II, 8 note. 
 McCracken v. Hayward, 3 Howard, 608; 
 Barnitz v. Beverly, 163 U. S. 118. 
 Whitmore's Sketch Colonial Laws, Preface XXVI 11. 
 
 ^ Savage's Winthrop, II, 2'J. 
 
 ■ Munu V. Illinois, 94 U. S. 113; 
 
 Chicago, etc., Ry. v. Minnesota, 134 U, S. 418; 
 
 Inter-State Commerce Act of 1887 ; 
 
 Mass. St. 1885, c. 314, sec. 9. 
 
■24 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 has made considerahle iironre.ss in leuislatiou, 
 and hoeii generally enfoived hy the courts. ' 
 
 The power of the Colonial ( 'ourts to fix max- 
 imum wages was exercised withf)ut douht or 
 ijuestion of its validity, and was in })ursuance 
 of the English practice, which originated in 
 l;]"}!), shortly after the Great Plague. Fully 
 one-thii'd of the lahoring population died during 
 this plague of the Idack death, and wages rose 
 to douhle or trel.>le the rate that prevailed im- 
 mediafely hefore the plague. '^Fhe landowners 
 and other cla.sses of emi)loyers who controlled 
 Parliament, accordingly ]>assed the Statute of 
 Lal)0rers, and ga\-e the courts tlie power of fix- 
 ing wages, with the intent of reducing wages 
 l)elow the conti'acf rate, ^'arious other statutes 
 of like nature and purpose were enacted liy 
 Parliament from time to time, and tlie t-ourts 
 continued to jtossess this power for nearly fi\-e 
 hundred years. 2 
 
 This was the period of hand-lahor, hefore the 
 introduction of machinery u})0n a large scale. 
 With the advent of the factory system and the 
 employment of women and children to operate 
 machinery, conditions rapidly clianged, and 
 the contract rate of \\'ages fell helow tlu' legal 
 rate. Parliament tiien repealed the Statute of 
 Lahoi'ers. for the Ijenefit of tlie employers and 
 against the jirotests of the employees, in 1S14. 
 tliree hundred thousand workmen signed peti- 
 tions and ])resented them to Pai'liament against 
 the repeal of the Statute of Apprentices of 
 p]lizaheth, '^ hut Parliament disregarded the 
 re(piest and rejiealed the statute by the Act of 
 •")4 (ieoi'ge III, c. 91). 
 
 In iSSl, Pailiament under the lea<leisliip of 
 A\'illiam E. (lladstone. revix'cd the policy of 
 legal rates, l)ut re\'ersed the intent and pui-pose 
 
 ' Mass. St. 1874, c. 321, enforced in Commonwealth v. 
 Hamilton Mfg. Co. , 120 Mass. , 383 ; Eight hour law of 
 Utah, enforced in Holden v. Hardy, 109 U. S., 366. 
 
 of the early statutes, hy tlu' passage of the Eand 
 
 Act for Ireland. This statute established a 
 
 Land Court and Land Comnnssion with power 
 
 to fix maximum rents for agricultural holdings. 
 
 Since then, under the opci-ation of this law. 
 
 rents in nearl\- all the agi-icultural holdings of 
 
 Ireland ha\e been reduced about twenty per 
 
 cent, below the formei- contract I'atc. A report 
 
 of a select committee of se\'enteen members aj)- 
 
 pointed by the House of ( 'onnnons to in\'estigate 
 
 the working of this Act in 1.S94, sIk)Ws that 
 
 the gross amount of rental dealt with from l.SSl 
 
 to March ;il, 1S94, was 4;<),140,()():2, and that 
 
 this total had been reduced by tl ,"279,47"), or 
 
 l2()..S pel' cent. The same report dated August 
 
 :^(), 1S94, also states that the total lunrdjer of 
 
 fair rents fixeil by all methods from l.SSl to 
 
 March :!1, 1S94, was •J94,().")4, divided as follows 
 
 among the different methods: 
 
 Rents fixed by Land Commission Courts 157.178 
 
 " County Courts 1.5.537 
 
 " landlord and tenant 121,903 
 
 '■ arbitration under Section 40 37 
 
 Total number of rents fixed 294,654 
 
 Cases struck out, withdrawn or dismissed 60,236 
 
 Total number of cases 
 
 354, syO 
 
 Aftel' the Ki'\oluti(.in the judges of the Sui)e- 
 rior (.'ourt were charged \\\\\\ the dutv of com- 
 puting the current prices of corn, beef, sheep's 
 wool and sole leather upon an 
 average throughout the State Section 18. 
 
 of Massachusetts, with a \iew - ^"r^'"^ 
 
 Current Prices 
 
 to the payment of the promi.s- and Value 
 
 , • 1 , , 1 II- of Bills of 
 
 sor\' notes issued to the soldiers _ ..^ 
 
 Credit. 
 
 of the < 'ontinental Army for 
 their jiay. Tliesi.' notes were ]ia\able. •'both 
 princi]ial and interest, in the then current 
 nioncy of the State, in a givater or less sum 
 according as ti\-e bushels of corn, sixtv-eiglit 
 
 - Rogers's " Six Centuries of Work and Wages." 
 ' Brentano's " Relation of Labor to Law," p. 71. 
 
Tfili JUDICIAL SYSTEM OF NEW ENGLAND. 
 
 liouiuls and foiiv-seveiillis ])avts of a jiound of 
 l->eef, ten pounds of slieep's wool and sixtt'cn 
 IKiunds of sole leather shall then cost luoiv or 
 less than one hundi'ed and tliirty pounds eui- 
 rent money, at the tairrent ])rires of said 
 articles. " 
 
 On January i^o, iTSl, the le.tiislature of 
 ^lussaehusetts passed an aet eni]io\\-erin,u the 
 justices of the Supreme .ludicial ( ourt "or tiie 
 major part of them " to deterndne the value nf 
 hills of credit emitted hy thel'nited States oi' 
 by this State. 
 
 ( 'ontrary to the common law of I'ji^land, 
 l)arties in civil suits were allowed to testify in 
 theii- own fa\'or in scmie cases, Init not in rithers. 
 
 Section 19. I'l'e ejioch-makini; east' of Slier- 
 
 Parties as man w Keayne, which caused 
 
 Witnesses. 11 
 
 Sherman v. ^'"' ^^■l'<ii'"ti"ii "t the two 
 
 Keayne. branches of the Ic.nislature, 
 
 shows that \'ery peculiai- reasons «'ei'e some- 
 times <_;i\en for decisions ujion this subject, 
 j\[rs, Sherman ha\'in^ lost hej- only so«", to 
 \\dnch she was nruch attached, claime(l to ha\"e 
 disco\'ered her upon the ])i'emises of ('aptain 
 Keavne, wdio derdcd the plaintiff's ownership, 
 but admitted that be had a stray sow. which 
 he bad had cried se\'eral times for a ycai', with- 
 out claimaids. ^Fhe intei'ior coui1 ot Boston 
 decided in fa\"oi- of the defendant, and tbejui'y 
 awarded hirii three pounds as costs of coui-(, 
 Soirje time aftei'wai'd the (ieneral Court, ujion 
 petition in Mi-. Shei-man's name, granted a iv- 
 bearin,L;(if the cause, wdiich lasted nearly se\-cii 
 da\'s. Neither jiai'ty olitaineil the \-otes ot a 
 majoi-it\- of lioth the ma,L;-istrates and the dep- 
 uties, and thei-cfoi-e no jud^nieid was i-endei'ed. 
 Two nia,i^isti-ates and liftcen deputies wciv in 
 favor of the plaintiff and se\'(ai ma.uistrates ami 
 
 ' Savage's AVinthrop, II, 8::!, 84, 85. 
 - Palfrev's New England, I, G1T-I)23; 
 
 ei^hl deputif's wei'c in fa\'or of the defendant, 
 while se\-en deputies I'cfused to \'ote. The 
 plaintilf's wife was allowed to testify as to the 
 marks of lu'r sow, but the defendant and his 
 wife were deided the like i-i,elit, foi- the I'eason, as 
 (ioN'ci'uor \\'inthrop expresses it, of "that I'ule 
 in the law — he shall swear he hath not put his 
 hands to his ncij^hbor's yoods." ' 
 
 At the trial the magistrates claimed the 
 ]>ower to iK\L;ati\'e oi- \-eto the action of the di'])- 
 uties. The dispute upon this ipiestion contin- 
 ut'(l for many years anil finally culminated in 
 1()44 in the se])ai'ation of the two branches, 
 each with a ne^atiw upon the acts of the other 
 in le,L;islati\'e matters. In judicial matters, 
 howe\-er, they continued to sit in joint conx'en- 
 tion and to aet as one body. The I'csult was, 
 theivtbre, a partial \'ictory for each side. The 
 magistrates sustained tlicii- ri,ebt of negati\'e, 
 and the deputies ac(|uii'e(l a I'ight of ne!j,'ati\'e 
 in legislation, while in judicial matters the 
 right of negati\-e was not sustained in favor of 
 eitbei- pai't\'. As the deputies largely out- 
 numbered the magistrates, the decision of 
 judicial cases after this was within the power 
 of the de[>uties.^ 
 
 When and how the practice originated in 
 New" I*]ngland allowing the plaintiff in an ac- 
 tion on a l)ook account to testify in his own 
 fa\'or, are shi'ouded in doubt 
 
 Section 20. 
 Party as Wit- 
 
 and ruystei-\-. It was contrary 
 
 to the cormnon law of lOngland 
 
 to allow i)ai'ties t<i testifv in Supplementary 
 
 Oatlis of 
 this manner, and the (aistom Plaintiff. 
 
 seems to ha\'c gi'own up in 
 
 New I'aigiand liy the action of the c(airts and 
 
 ii'rcspecti\-e nf statute, Tlic ( 'i-own ('haifei's 
 
 proliihited the ("olonies fi'om enaeting laws i-c- 
 
 Whitniore'.s Colonial Laws, 134; 
 Hubbard's New England, 382, 383, 391. 
 
20 
 
 THE JVDTCIARV A\'D THE BAR OE NEW ENGEAAW. 
 
 |iu;j,iiaiil to the laws of lMitj,l;ni(l, and it was a 
 favorite I'esort of tlie ('oloiiists, when they 
 wished to e\"a(h' this |iro\Msioii, to enfoi'ci' a 
 custom to do tliat which they wislied to do, 
 without |)assini;' a law u[iou the suhject. ' This 
 N'iew" is alsd su|i]iorted hy the rircurnstanei' that 
 as eai'ly as l(i."i4, the ^hissadiusetts court passed 
 an oi'dcr ret|uiriii,n tlic plaintilf to swear "to 
 
 the truth of the whole 1 k," and re(|uii'iHi; 
 
 shop books in oi-der to he competent e\udence 
 to he kept in a certain ]iresci-iheil form. - .Indite 
 Swift of Coiniecticut states that it is impossible 
 to trace the orinin of this custom, "liut it is 
 probably coe\-al with our uoveriniient," and 
 that in the yeai' 1714 a statute was passed in 
 ( 'onneeticait which I'eco^nized the custom as 
 then established, and pro\'iiled that "tlK.' jury 
 shall widl wei,L;h and consider the <-ri'(lit of tlie 
 parties." ■' 
 
 In l.H()(i, .Jud.ue Pai'ker ivferi'in.i;' to this sub- 
 ject said: "This mode of proof is [leculiar to 
 our country, and iiroljably has Ijetai in practice 
 from its first settlement. The jury are tlie 
 propel' and ade(|uate judi^cs of the weight of 
 this, as of all other e\'idence laiil before them."'' 
 This rule of law prevails also in the State ( '<iurts 
 of Maine, New llam[>sliire and otiier Slates, as 
 W(dl as in the l"\'(leral ('ourts.'' 
 
 Self-eondeinnation by a [>ei'- 
 ^on accused of crime was tVe- 
 
 Section 21. 
 Touching the 
 
 Body of a (piently (.aifoi'ced in the early 
 
 riurdered 
 
 Person. 
 
 Courts of New I'aielaud. Wdiere 
 
 a secret nnu'dei' was (liseo\'ered, 
 the aceuseil pei'son was eomprlled to touch 
 some part of the cor|ise, and if the blood came 
 
 ' Thus Governor Winthrop states that to enact that mar- 
 riages shall not be solemnized by ministers is re- 
 pugnant to the laws of England; " but to bring it 
 to a custom by practice for the magistrates to per- 
 form it, is no law made repugnant, etc." Savage's 
 Winthrop, I, 333. 
 
 '' Washburn's Jud. Hist. Jlass. 56. 
 
 ■■ Swift's System, II, 106. 
 
 b-esh h'om the spot touched, he was surely 
 euiltv of the uuii-dei'. ( eid was suppo.sed to 
 lia\'e a,p[ioiiited this sij^ii for the detection of 
 the murderer, and the blood of the decea.sed 
 was believed tobeciyino to Heaven for I'eveno-e. 
 This practice was borrowed from Knglaud, and 
 Kin.o .lames I. t^xpended some of his leai'iiin.L!,' 
 upon the suljject in his " J )emonoloo;ie." This 
 method of proof was emjiloyed with fatal I'esult 
 in l(i4(i in the town of Boston. An infant 
 bavin.i; been found dead, ^hl|■y Ahutin, who 
 was then only twenty-two years of age, and 
 who had been a \'ery jiroper maiden of modest 
 beha\-ioi', was accused of beino the mother and 
 ha\'in^ nuirdered her own child. Upon her 
 trial, the jury caused her to touch the face of 
 the infant: " whei-eu})on the blood came fresh 
 info it." as ( io\ernor Winthrop informs us, 
 and she was tbund guilty and executed. She 
 hung for some time in mid-air alix'e, and asked 
 wdiat they meant to do : until some one ste[>ped 
 up and tinned the knot of the ro})e, which 
 cair^ed her death. '' 
 
 The lule of e\"i(k'nce excluding hearsay was 
 habitually disregarde(l in early ju(hcial jiro- 
 (/eedings, both in ci\'il and criminal matters. 
 Thomas \\'iltshire ha\'ing per- Section 22. 
 
 formed work upon ( aptain Hearsay 
 
 .. , , , ,, , . Testimony. 
 
 Keayne s house and tliere hemg 
 
 line him thii'ty-eigbt shillings on the job, agreed 
 toaccejit paynitait in Spanish broailclotli. The 
 cajitaiu proliably thought that Spanish broad- 
 clotli was too good for the use of said Thomas, 
 anil therefore deli\'ered to him an infei'ior ipial- 
 ity, for which he (diarged s(.'\-enteen shillings 
 
 ■> Cogswell V. Dolliver, 3 Mass. 217, 330, 331. 
 ■' Hooper v. Taylor, 39 Maine, 334; 
 
 Webster v. Clark, 30 N. H. 34.5; 
 
 White V. Ambler, 8 N. Y. 170; 
 
 Insurance Co. v. Weide, 9 Wall. 077; 
 
 Bates V. Preble, 1.51 U. S. 149. 
 « Savage's Winthrop, II, 308-370. 
 
THE rUDICIAL SYSTEM OE XEW EXGTAhW. 
 
 |nT yard. 'I'lionias \\'iltsliii(' liccaiiK' dissntis- 
 licil and siumI tlu' ca]>tain, and lilcd an allida\it 
 (■(iiitainhiij, llu' iVil lowing Ixniutitul illnsli-al ion 
 < if hearsay : "'TIk' which rloth this dc|i()ncnl 
 shii\\-ed t(i IK'ury Shi'iiiiptoii, and he said il was 
 niit W'ortli al_ii)\'c ttai shiUin^s per vai'<h iui- it 
 was Ijut (/Idth rasli, and sdsaiil uniidinan Head, 
 and liis wife showed a waisteoal of tin' same 
 kind of elotli, wdiieh cost liut nine shillings per 
 yar(h and in tliis de[ionent's judiiiiient washet- 
 ter ehith ; and this deponent showed the same 
 ehitli to '\\\. Riiek, and lie said it was woi'th 
 hut ten shillinL:,s per \'ai-d, for it was hut cloth 
 rash, and this deponent showed it also to Mi'. 
 Stoddard, and he said likewise that it was 
 cloth rash, and was not worth ten sliillinus per 
 yard, and was dear eiiouL^h at that price, or 
 words to that effect."' 
 
 (_)ur prest'iit practici.' of taking an oath in 
 court h\- lioldinu up the ri^ht hand, origi- 
 nated in the earlit'st times of I'hinland. 'idie 
 
 iiractice in New f]iiiiland was 
 
 Section 23. 
 
 r- _ i to swear h\- the ihhle. and the 
 
 rorms 01 
 
 Oaths first settlers were well aware of 
 
 and Writs. ^, . , 1 . 1 ;i .1 
 
 tins, and adopteil the otiier 
 
 form, heeause they regarded swearinu hy the 
 Hihle as idolatrous, 2 This practice heiii^ con- 
 frarv to the law of l']i inland, was not author- 
 ized \\\ an exjiress statute a[j|)arently, hut was 
 enforced hy tiie courts as a (aist(jm of the coiin- 
 \\\, which was their usual method of e\-adin,u- 
 the pro\"ision of the ( 'harter that no law should 
 he made repu,L;naiit to the laws of fjiuland.'' 
 Kissini;' the Ihhie or layin,^ the hand upon it 
 s(.'ems to ha\-e ori.ninated anions the-lews: and 
 it is somewhat stran^^c that the X<'W- I'^n^laml 
 settlers should have hi'cii the oidy i-jn^lish set- 
 tlers in America to discard this old I'ai.^lisli 
 (aistom. In most respects they attached more 
 
 ' Savage's Winttirop, II, S5, SO, 
 ■-' 1 Hutchinson (2d ed,), 454. 
 
 importance to the Hihle than the other ( 'olo- 
 I lists. 
 
 l'"or many ye.-irs aftei- the tirst settlement, 
 writs and l('u,al process were not framed in the 
 Kind's name, and this was made a cause of 
 complaint against the ('olonisls, Ilutchinson 
 ,i;i\'es the tol liiwiiiL; as ,'i loi'm of writ in AFassa- 
 chusetts in IC-KI: 
 '■ To t he ^rarshall or his I )eputy. 
 
 "You ai'c i'e(piire(l t(j attach the noods or 
 lands of William StcN'cns to the \'alue of one 
 hundred ]>(Minds, so as to hind the same to he 
 res| KHIsihle ;il thi' next c<iurt at Roston, l^i)th (jf 
 the -Itli month, to answer the complinnt of Mr, 
 James Attw'ooil in an act ion of dehf, to the \'ul- 
 ne ol WiXx pounds, upon a hill of excliani;e, 
 and so make a Iriie retui'n la'reof under your 
 hand. Dated 2!)th ::!il mo. ItJ.lO. pt'r curiam, 
 Win. .\spin wal 1." '• 
 
 Idii' practice of insertin^i the declaratiini in 
 the writ seems to ha\e or'i^inated in ('onnecti- 
 (Mit at an early day, and when the defendant 
 did not appeal- in court, after due ser\'ice of 
 pi'occss, he was defaulted, and judii'iiieiit or- 
 dered against him. When the ]>lainti If wished 
 to attach the defendant's pro]>i.'rty on mesiu' 
 process, he Was reipiired to ,i;i\'e a hond tor 
 |>|-osecutioii, to indemnify the defendant if the 
 action was not sustained. The case ot ('lu-ster 
 w .Measure hrouulit in l(i7l>, illustrates the 
 form of the writ and the IkjikI : 
 
 "To the Mai'shal I or ei I her of the ( 'oust a hies 
 of Lime. These a I'e ill his ^Majesties Nailli'. to 
 Will and Ih'ipiireyou to Attach tlie<'stateof 
 William Ah'.'isure of Lime to the \alue <if ten 
 pounds and tor want ol l'>state his person with 
 siillicieiif Surely or Siirelies tor his appearance 
 at the ('(Mirt to he holden at Lrarttord on the 
 hull da V of t lie month next ensuing, to answer 
 
 ■' Ante, Section 'M. 
 ^ Hiitcliinson, I, 4-")'3. 
 
28 
 
 THE JUDICIARY AXD THE BAR OE NEW ENGLAND. 
 
 .loliii ( 'lu'stcl' (if W'catln'i'slicld in an Aclii)ii of 
 Dclit, \\\\\\ l):iliia^cs, to tlic value nt' si'NTII 
 pounds, and six shillin^■s, and wdiat Instate you 
 Attacli, or Secuiaty you i'('cci\'<', you arc to 
 secure it ill your liaiids, tliat it may lie rcs|ioii- 
 sililc to Answer the aforesaiil Action, and the 
 Jud^iiicnt of the ( 'ourt thciT-in : the I'laintitte 
 liaviiiti' ^i\'en sufhcieut caution to ]irose(aite his 
 xVctioii to efi'ect, and answer all Daiiiac'cs in 
 ease he make not his plea ^ood : You are also 
 to make return of the ser\'iiic- hi'reof to t he saiil 
 ( 'ourt, or to the ( derk hefore the ( 'oiirt. 
 Hereof fail not : 
 
 "Dated ill Hartford the -!:iiid dav of Sep- 
 teinher, IfiTO. 
 
 ■' Acknowdedc'eil hefore me, 
 
 '■ John Allyu, Seiat. 
 
 "Wee Richard I^ord and .lonathau Ciilhert 
 ackuowdedc'c oursel\-es IJiamd to the I'uhlick 
 Treasury of the ('oloiiy of ( 'oniiecticut in a 
 Uecounizanee fif two pounds tliat Johii ( 'hester 
 of ^\'eat hers field shall ]irose<nite the attachimait 
 lie liatli now taken out auaiii^t William Mi'a'^- 
 ure of Lime at the ( 'ourt to he Hohhai at Hart- 
 ford <iii the l-'itli. day of the eighth month 
 next, to full effect and answer all Haiiiaues in 
 case he make not his plea ^dod. 
 
 "I)ate<l in Hartford the l^jlnd dav of Sep- 
 temlicr, IfiT't. 
 
 " Ackiiow le(li;ed hefor(.' me. 
 
 John Allyii, Secrt." ' 
 
 The earliest leL;islation upon this suliject in 
 New I'ji^land was prohahly coiitaine(l in the 
 ISody of Libert ies ado]ited in 1 (i41 hy ^[assa- 
 
 Section 24. ehusetts. I!y Article .-ST it was 
 
 Costs of enacted that: "hi all cases 
 
 where it apjiears to tln' <'ourte 
 
 that the plaintife hath wilin^ly and witinuly 
 
 done wroii^e to the defendant in commiaiciiic- 
 
 and proseiail iiiu' aoy act ion or complaint ai^aiiist 
 him they shall have power to impose upon 
 him a jiroportiiaiahlc line to the use of the de- 
 tendaiit. or ac(aiseil person, for his false com- 
 plaiiit or (damor." 'idiis law was for the lien- 
 elit of the defendant. Iiut diil not l.ienefit the 
 |ilaiiitiff, and it was accordingly supplemented 
 in I(;4l' hy a statute jiasscd on May 20, WA'l, 
 de(darin,L;- thai if the Court "shall finde the 
 defemlalit in fiult. they shall imjiose the 
 charges upon such deteiidant." - 
 
 At a Ciairt <if the Assistants ladd at Boston 
 on the jITth dav of the Second moiitli (April), 
 \V,\'l. at which wen' present (!o\criior Wiii- 
 Ihrop, Deputv (iovenior I'^mlicotl, .Mr. Dudley, 
 .Mr. Hellinchain. Mr. Llini and [iicreasi' Xowidl. 
 it was ordered that .lohii Stowe and .Joseph 
 Armita^e reco\-er ten shillings c<ists aeainst 
 ■loshua Hulihard for not prose(aitin.L;'. * hi the 
 7tli day of the Lourtli luoiith. 1 fi4'_!. the same 
 court, reinforced hv .Mr. liradstrcet and ^h•. 
 SlouLjhton. granted .Mr. Ivlward I'aine si.x 
 shilliiiLis six pence costs aLjaiiist ( 'lemi-nt ('aiii- 
 pion. for the hitter's failure to (.-liter his action 
 auainst I'aine. '' 
 
 The hulk of our eoiiimou law consists of the 
 n.'asous assiLiiied hy the courts in decidini:' |iar- 
 li(ailar eases. TIr'Sc reasons ha\'e alwavs heeii 
 considered the life orsiiirit of 
 
 the law. and ha\'e heeii re- 
 
 Section 25. 
 
 Reasons for 
 
 carde(l as picceihaits liindinc' Judgment. 
 
 , , , . , , Authority for 
 
 uiion the courts in siil iseiiuent p. j ... 
 ' I Precedents. 
 
 cases wlaa'c the like (|llestioiis 
 waac in\(d\"ei|. To preser\'e these reasons in 
 permaneiil f(jrni, and to naider tlnaii aecessilile 
 to the ]iulilic', ]iriiite(l reports of deeisions were 
 encouraged l.iy the iKaich and har, and sonn'- 
 liiiies aiilhorizcil by the le.ixislature. In some 
 State-:, llie jildees of the liiiihest court were 
 
 Judicial History Codd., 86, 87, (1895). 
 
 Whitmore's Sketch of Colonial Laws, Preface XX1\', 
 
 Whimore's Sketch CeloDial Laws, Preface XXXU. 
 
THE JUDICIAL SYS'l'liM OF NEW ENGLAND. 
 
 29 
 
 i\'i|uireil liy \\\\\ tu ,^i\'i' tlii'ii' roiisdiis in \\\\\- 
 iii-. ' 
 
 111 ( 'iiiiiu'cticut ns early as ITS."), an act was 
 passed re(| u iriii,^- the jud^ncs (if the Sn]ireiiie 
 ('iiiirtof I'jTdrs and nf tin.' Siipei'idi- ('ourl (n 
 tile writttai (iiiiiiiims, edntaiiiiiii;' tlie ^vdunds 
 and reasons nf tlie juil^nient, willi tlie (derk of 
 tlie Sujierinr ( 'durl. - 
 
 It was iidt unedininon for a jiei'son to lie in- 
 dieted and trii'd for one eriine. and to lie found 
 unilty and |iiinislied for anotlier crime. In 
 1(14.1. Ikairv hawson and Mrs. 
 
 Section 26. Iludsdii wen.' [lut on trial uin.iii 
 
 Punishment , , ,.11 ^im 
 
 *„, 1-,:™^ f'"' <'liar^e ot a(lulter\-. I he 
 
 tor Crime 
 
 other than jury found them not guilty df 
 
 that Charged 
 in Indictment. 
 
 adultery, hut uuilt\- of aitiil- 
 
 terous heha\'idr, and the mag- 
 istrates senteneeil and punished them for the 
 latter ofl'enee.-' To piex'eiit this practice, proli- 
 ahlwthe form of the juror"s oath was elianc'eil, 
 to the effect that if the jury teiund the accuse(l 
 not ti'uiltv fif the cl'ime charticil they should 
 sav so "and 110 more.""' ."-idmetimes tile \"er- 
 dict was that tln're were strong ^r(Hiiids ot 
 suspicifin thai the accused was i;uilty, hut not 
 sufficienl e\'ideiiee to cdn\'ict him, and upon 
 su(di \'erdicts the court siaitiaiced the jirisoiier 
 fdi- what tli<'\- (Miusidered him uuilt\- of although 
 this offence hail not heen charged in the in- 
 dictment, nor fdund hy the. jury.'' 
 
 Where the punishmiait was death, the jury 
 wei'c often i-eliictant to return a \-erdict of .guilty, 
 especially when the accused was yoiiii.i; and in- 
 exv)erienceil. The cases of Kohei't W'yai- ami 
 .Idhii (iarland wi-re df this charactei-. They 
 were imlicted and trieil in 1(14-! fnr i'a\'ishiiii; 
 
 ' Mass. Pub. Sts., c. l.'iO, sec. 13. 
 ■' Swift's System, p. 4.5; 
 
 Judicial History Conn. 143. 
 ■'• Savages Wintlirop, 11, 30.5. 
 -• Washburn, 45. 
 
 Hutchinson, I, 4(11. 
 
 I Wd \dun^ uirls ; hut thejui-\' I'dund tlKaiiUdt 
 cuilty, l)e(.'ause the penalty was death. The 
 cdurt, howcN'ci', afti'i'a confession \\\ the hoys 
 df a smaller dH'ence, senlcaiced them Id Ik' openly 
 wliip[ie(lat Uoston dii t he nexl m.arkel day, and 
 acain at (Jamhrid^c on the lecture da\', and 
 each of tluaii Id pay a liueiif a'l apiece lo their 
 maslei- ill sei'\ice. The i;irls ha \iii^ also con- 
 fessed were sentenced to he se\-erely wdiippeil 
 at ('amhriduc in llie pi'esence of f he secretai'V. '' 
 The writs of haheas corpus and i/r Iidiiiiik: 
 ri'jili (jid iiihj wereearlv (Muploycd in New I'jIi.i;- 
 laml. In 1(1S(1 th<' action of lro\'ei' or coiu'er- 
 
 sion hv Xelsdii \'. lii'ddks was 
 
 ,> Section 27. 
 habeas 
 
 " reiiidved hy haheas <-drpus 
 h'om the ( 'oiirf of IMeas foi 
 Sullolk ('ounty into Ihe Supe- 
 
 and 
 Personal 
 
 I'ioi- ( 'ourt. The Superidr ( 'ourt Replevin. 
 
 aliated the w'rit, ami allowed 
 Ihe deteiidant VI .'l.s'. -!(/. as costs of coui't. " 
 This was certainh' a ipieer method of removal, 
 and the costs imposeil upon the plainlitf seem 
 none too laruc hi 1 (ISl) .ludnc Dudley rid'used 
 Id issue this writ upon the apjilicatidii of Rev. 
 .Mr. Wise, foi- wdiich refusal a suit for damao'eH 
 was hi'oucht after f he re\'olutioii in New Va\v;- 
 land; from which (io\'eriior Washhurii draws 
 the c(Mi(dusion that " the riolit to this wi'it was 
 |-eL;arde(l as one of the existing- piay ilexes of the 
 colonists.'"* JSy a l'ro\uiicial act passed in 
 1 (l!)li, the |idW(a' of ^raiilim;' writs ot haheas 
 co!-|ius was expi'cssly conferrtMl upon the justices 
 of Ihe Supei'idi' ('ourf,"th<' predecessoi' of the 
 Supreme .ludicial ('ouil of Massaehiisetls. 
 
 The writ df peisdiial reple\un has filleiiinto 
 disuse, and haheas corpus is now ^eiierallv em- 
 
 '■' Records of the Court of Assistants, No. ^yo'J ; 
 
 Whitmore's Colonial Laws, JIass., Preface XXXI. 
 • Washburn. 90. 
 - Judicial Hist. Mass. 19G. 
 ■' Washburn, l.j2. '* 
 
30 
 
 THE [VDICTARV AND THE BAR OF NEW ENGLAND. 
 
 pl(iye(l to uceoiuplisli tlic saiiii' jmiposc In 
 1<S0(;, two cases iiix'oK'inLi' writs ot personal I'e- 
 [ile\'in were ileeidcMl hy the Suprenic .Iinlicial 
 ( 'ouvt of ^^assaellusetts, and in 1 S44 anoflier 
 ease of tlie same \\v\\ was deeiiled li\' this court.' 
 Tlie only sueeessfui use of tlio writ witldn 
 recent years was made l>y (ieneral ]>enjamin V. 
 Butk'r in a case arising' in a l'\'dei'al court 
 within the (listri(.'t of Massachusetts. Theprc^s- 
 ent hiws of ^hissaclursetts allow tlie use of this 
 writ. - 
 
 Tlie n't'rm of advisory opinions hy judges to 
 the e,\ecuti\'e and lei;islati\'c departments may 
 he traced hack to the early days of the settle- 
 ment of the country. The mil i- 
 
 Section 28. • , . ,, 11 ,1 111 
 
 isters and the (.ddei's then licid 
 
 Advisory 
 Opinionsby " commandinL; position in all 
 
 ninisters, |>ul)lic atl'airs. and it was a com- 
 
 Elders and 
 
 Judges. mon practice for the (uaicral 
 
 ( 'oui't, oi' for one hranch there- 
 of, and foi' the (tON'ernor and ('ouncil, to re- 
 ipu'st and to rect'ive ad\'ice from the ministers 
 or elders actin^ as a hod\-, and as a scpai'ate 
 trihunal. Their answei's wvw generally hased 
 upon the word of < tod asre\'ealed in the r>i])le. 
 The early settlers had more reverence for the 
 laws of Moses than for the laws of fkiyland. 
 
 In 1();>4 the GoN'ernor and Assistants re- 
 (piested the ad\dce of the ministt'rs upon these 
 two (|ueslioiis: 1. What ou!j,'hi to he done it 
 a i^'ciK'ral L!,'0\'ernor should he sent out ol' l']ni;- 
 land'.'' '1. Whethei' it he la wful for us to ca i-ry 
 the cross in our hanners'.^ At a ineetinn of all 
 the ministers except Nathaniel Ward of 1 pswi(di, 
 held at liostoo, they all a.^i'ced, that, if a ^en- 
 ei'al L;-o\'ernor were sent, the .Massachusetts 
 ('olonists oueht not to accept him. hut defenil 
 
 theiidawful possessions(if they wei'e ahle) ; otlua'- 
 wise to a\-oid or protract. L'pon the second 
 ipiestion the ministers wci'c di\dded, and ae- 
 cordinL;l>' deterred their answer to anotln-r 
 nu'eting. ■' 
 
 Lihert\- No. 1 of Massachusetts ordained that 
 in the ahseiice of an expi'css la w of the country, 
 judicial matters were to he determined "hy the 
 W(.ird of God." There was iiothin.t; in the 
 Chai'teror Patent which authorized sutdi a I'ule 
 of decision, hut the rule was freely enforced hy 
 the courts. In 1 ()44, the (ieneral Court re- 
 ipiested the opinion of theiddei's as to wdiether 
 the maeisti-ates sluaild he guided li\- the word 
 of (iod in such case, and the (dders rejilii'il in 
 tin' folldwine terms: "We do not tind that hy 
 the I'at<'nt the>- are expressly directed to pi'o- 
 ceed accoi'din^ to the word of (io(l: hut we 
 uiider.^tand that hy a law or liherty of the 
 country, they may act in eases \\dierein as yet 
 tJiei-c is no express law, so that in such acts they 
 proceed accordiiii;" to the woi'd ot (iod.""' 
 
 In 1()44, the o[)inion of all the ministei's of 
 Massachusetts was re(|Uesteil hy hotli the mau'- 
 istratcsand the (le[iuties upon se\'ei'al <|Uesfions 
 rtdatiii^ to tlu' rt'S])ecti\'e powers of these two 
 hranches of the leeislature. ■' 
 
 In 1 (iSl'J, durine the witchcraft trials at Salem, 
 the ( loverner and the (ouncil rei|Uested the 
 opinion of se\'eral of the ])rinci[>al ministers 
 u[ion the state of things as f he\' then stood, and 
 on -lune lo, Kiitj;, ti\'e days after the execution 
 of the lirst witch at Sakaii, the miidstei's retui'nt'(l 
 a formal reply in wi'itin^. '' 
 
 l>etoi-e the settlement of New kaigland, the 
 pi'aclice was w(41 estahlished in I'kigland of 
 reipiii'ing the opinion of the twcK'c judges of 
 
 ' Wriglit V. Wrigln, 3 Mass. 109; 
 
 Williams v. Blunt. 3 Mass. 207; 
 
 Aldrich v. Alclricli, 8 jMetcalf, 103. 
 - Mass. Pub. Statutes, c. 185, sections 40-."),") 
 
 ■• Savage's Winthrop, I, 183. 
 ■* Mass Records, II, 91. . 
 "' Hubbard, 395-401. 
 '■' 2 Hutchinson, 49-51 (3d ed.). 
 
THE JUDICIAL SYSIIiM OF X E\V EA'GLANP. 
 
 the liinhcst standiiii;'. The rin'lit to (K'niand 
 tlu'ir (i])ini()ii \\:is l(.)(li;('il in (lie l\in,n :iii(l in 
 tlu' House of Lords, luit diil not rxtcnd to llic 
 House of ( 'onimons. Dnrinij, the rei^n of the 
 I-^tuavts, this power was greatly ahuseil Ity the 
 I\in^ in riM|uestinn the judges' opinion upon 
 (piestions ahont to come het'ore thi'in in their 
 juilieial eapaeity. 'Idie House of hords liad (lie 
 riii'lit to demand the judges' opinion ii]ioii 
 matters rehiting to their l(,'i;islati\-e duties as 
 well as upon matters relating (o their judieial 
 duties. 
 
 In ^hlssa(•husetts and in other States tlie 
 right to demand the opinion of tlie jusliees (_)f 
 the highest eourt, extends to tlie Honsi'of iiej)- 
 resentati\'es as well as to the Senate ami the 
 Mxeeutix'e. 'Idle Massachusetts ( Vinstitutiou of 
 17SI). wddeh upon thissuhject has remaine(l in 
 force to the jiresent da\', ordained that "each 
 hranch of the Legislatui'e, as well as the ( Jov- 
 ernor and ('ouncil, shall lia\'e authority to re- 
 el uire the o[iiinons of the Justices of theSuprcant' 
 Judicial ('o\irt upon important (juestions of law, 
 and upon solenui occasions. "' Similar pi'o\'is- 
 ions ai'e c()ntaiued in the ( 'oust itution of New 
 Hampshii'c of 17>!4, in the < 'onstitutioii of 
 >hdne of 1 .S2(), and in t he ( 'onsi itut ion of Rhode 
 Island of 1 .S4-'!, wJiieli was its lirst ( 'onstitut ion, 
 excepting the ('hai'fci' of Kid.'!. 
 
 In Maine, Xew Hamjishiri' and .Massai hu- 
 setts, the judges lia\'e gi\'en ad\'isory opinions 
 in a lai'ge inuiiherof instances and upon a gi'cat 
 \-ai'iet\' of (piestions. .Many of them relate to 
 constitutional i|uestions, and to the powei's and 
 functions of the Icgislatix'c and exe(niti\-e de- 
 paiJmeids. The judges in gi\ing o[iiinous of 
 this natui'eact mei'(Jy as the constitutiona 1 ad- 
 visei's of the other departiiKaifs, ami not as a 
 
 I Mass. Const, ch. 3, art. 2. 
 ' Opinion of the Justices, 120 Mass. 560; 
 Opinion of the Justices, 00 N. H. 585. 
 
 coui't. 'Idieir opiidons liawe nol Ihe force or 
 ell'ecl of a jndgmeid. - The govei'iior and the 
 N'gislature may acc(.'pt or reject the \'iewsof the 
 judges. In practice, the judges' \'iews ha\'e 
 geiieralh' heen accepted. In one case, the 
 opinion of ('liief .Justice {'arsons and -lustices 
 Sewall ami I'ai'ker was ON'ei'ruleil hy the Su- 
 |>r(ane ('curt of Ihe rnited States. In August, 
 Islii, tln' go\-ei'nor fif Massachusetts |-e(|uested 
 the opinion of Ihe justices upon the i|uestion as 
 to whetlaa' the coimuander-i ii-chief of the mi- 
 litia has the right to dctci'mine whether an ex- 
 igeiicv exists ill fact wJiich aulhori/.es the 
 president of the I'uited States in calling out 
 the militia. Jdie justices answered in tlu' af- 
 lii'iuat i \'e, that this powci' I'csted with the go\'- 
 enior of the Slate, and not with the pi'csideiit. '* 
 In 1 S27, this 1 1 nest ion came hefoi-e the Supreme 
 ('oiiii of the I'liiled States, which ladd, in an 
 opinion hy .ludge Story, that the jii'esident 
 under the Act of (Amgress of Fehjiiary 'JS, 179o, 
 is t he ex(dusi\'e and final judge of wliether such 
 an exigiaicy exists. ^ 
 
 III 1S40 the justices of the Supreme .ludieial 
 ('oiirt of Maine ga\"e an important opinion up- 
 on the constil utioiial powaa- of the legislatui'e 
 to grant ilixurces. The (piestions were pro- 
 |ioiiiide(l hy the Senate, and ('hief .lustice 
 Weston and .lustices I']merv and Shepley rejilied 
 that in their opinion tin' legislature possessed 
 the power to grant di\'orces in cases where the 
 Supreme .ludieial ('oiirl had no jurisdiction, 
 Ijiit did not possess that powci- in cases wJiere 
 that coiu't had jurisdiction. •' 
 
 111 New Hampshire, the se\'<ai judges of the 
 Supreme' ( oiiii in answer to a <piest ion stated 
 l)\- llii' House of Uepresenlal i\'es, expresseil the 
 opiniiai thai Ihe legislalure could pass a law 
 
 ■ Opinion of tlie justices, 8 Mass. 548. 
 
 J Martin v. Mott, 12 Wheaton, 1!). 
 
 ■' Opinion of the Justices, 10 Maine, 479. 
 
32 
 
 TIfE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 witlidiit pi'ior iiotici.' to parties intei^'stcd, al- 
 thouuli a nciicral statute was in t'oivf i'ci|U)riii,L; 
 notice to lie niN'iai in advance. Tlie judges 
 pointed out tlie distinction between leL;islati\e 
 and judicial proceeilinj4s ujion tliis subject. 
 'Idle re(]uirenient of notice in ad\-ance ofju<ln- 
 nient is essential in the latter l)ut not in the 
 t'orniei', and one legislature cannot tetter the 
 action of a later hody hy an act reijuirinj^ 
 notice. ' 
 
 One of the most intei'estinn' cases of this na- 
 ture arose out of the so-called Dorr Rehelliou 
 in i;ho(le Island. In 1S44, ddioinas W. I)orr 
 was coiu'ictcil of ti'cason and sentenced hy the 
 Supreme ('ourt. At the ■hiiniary session of the 
 ( ieneral Asstanhly in 1 S.14, the le,iiislature passed 
 an a(.'t n'N'ersiny and annulline' the jude'iiient 
 against Dorr. At tin' .lune session, I S-ld, the 
 Senate and the House of Ueiiresentati\"t's re- 
 (piestecl tin' opinion of the justices of the Su- 
 preme ( 'ourt u|ion the constitutionality of tlie act 
 passeil at the .lannary session, l.S.')4. .Justices 
 ( irci'iie, 1 laile, Staples and ISrayton reiilie(l that 
 the statute in i|uestion was an exercise of judi- 
 cial power hy thctieiieral Assemlily, and was 
 therefore unconstitutional. ' 
 
 In ( 'onnccticait, the ad\'ice of the judges has 
 heen \'erv seldom rei|Uestcil. (July thi'ee times 
 sinct' she hecame an indepemhad Stati', has the 
 legislature rei|uireil their <ipini(jn u})on (|ues- 
 tions of constituti<inal law. The lii'st instance 
 occurrt'(l in I)ecemher, iMii-J, in r<dation to a 
 statute allowini!,' soldiei's in thendlitary st'r\-ice 
 of the liiited Stales to \"ote for State othcei's 
 outside the liordei's of the Slate. ddie jud,L;i.'s 
 of the Supi'eme ('ourt of Erroi's i'e])lied that in 
 tlicii- opinion the statute was repUL;nanl to Ihe 
 Stale ( 'onstitui ion ;■' and the ( 'oiistitulioii was 
 
 I Opinion of the Court, 6:5 N. H. 625 (18»5j. 
 - Opinion of Justices, :! R. I. 299. 
 ■■■ Opinion of Judges, 30 Codu. .591. 
 
 accordinolv amended so as to allow such \ot- 
 in,o. In answei' to a ipiestion pro]iounfle<l hy 
 the leoislatui-e in Isiio, the judoes ludd that a 
 neoi'o was a citizen.' In l.SliT tlie court de- 
 clined to answer a question as to whetliei- the 
 St)de had the constitutional power to ta.\ the 
 income (jf I'liited States hoiids. 
 
 The ( 'onstitutionsof N'ermoiit have contained 
 no p]-o\-ision ivijuirint;' the jud,ues toad\dse the 
 other departments of the nd\ernmeiit. This 
 omission is pr(.il)ahh' accounted for hy the fact 
 that there was a Council of Censors, wdiose 
 duties wei'c somewhat aiialo!j,ous to that of 
 o ixdni; e.xtra judicial opinions. A statute, liow- 
 e\'er, in tliis State confers upon tht' oovernor 
 tlie authority to rei|uii-e theojiinion of I he judncs 
 of the Supr(aiie t'oui't u]ion ((uestions of hiw 
 relating to the dischai'^e of his duties. In 1 .S(;:l 
 t]ie(jeneral xVssemhly passed an act \\dii<di \\'as 
 approN'ed hy the od\'ei'iior, allowino soldiers in 
 the ser\'ic(.' of tlie I'nitcd States U) \'ole at 
 places outside of tlie State. The \'1\\\ section 
 of the same statute de(dared that " this act shall 
 not take effect until the oovernor suhmits the 
 same to tfie juilges of the Su[ireme < 'ourt, with 
 the impiii'y, 'Are the pro\'isioiis of this act 
 constitutional '.■' ' and until the oovernor has 
 ohtaiiieil ill writinii the opinion of said judnes 
 thereon : and if the said judges decide that the 
 ])ro\'isioiis of the act, or ct'i'tain parts thereof, 
 are nnconstilutional, then the same, oi' such 
 jiai'ts tliere<if as said judges shall decide ai'c un- 
 constitulioiia 1, shall he null and N'oid, and the 
 residue thei'cof shall remain in full force ami 
 virtue." ddie o(i\'enior a<'cordiiioh- reipiested 
 the o]]inioii of the judges, who replied that the 
 stalute was conslitui ioiial as a|)plied to the 
 elect ion of 111 em hers of ciiimress and jiresidential 
 
 -' Opinion of Judges, l!2 Conn. .")6r). 
 ' Keply of the Judges, 33 Conn. ."iSC. 
 
THE JUDICIAL SYSTIlM OF NEW EXGLAND. 33 
 
 (.'k'clDrs, l)ut \\':is uiu-(iiistituti(inal ;is applu'il tn lia\i' iicN'ci- cxiii'csscd npiiiifnis nf this cliai'- 
 
 tlie election of Statr (illiciM's. ' actci'. rivsidcnt \\'asliiiii;toii riM|U('stiMl the 
 
 Outside of N\'W iMiulaiid, tliere are only twii opinion nf tlie jiidt^cs of the Supreme ( 'uurt 
 
 or three States in whieh tins pi'aetiee pre\ails- upon on<' occasion in IT!)-'!, hut the\- d(;clined 
 
 The judges of the Fe(lci-al ( 'ourts caniml lie toanswei'. 
 re(|uired to ,ni\'e ad\-is(ii'V o[>ini(:ins, and llie\' 
 
 CHAPTER 111. 
 
 ATTORNEYS, COUNSELLORS AND BARRISTERS. 
 
 Thonias ^Nhjrtnn is descrilieil hy (loN'cnmr then set in the ■■ hilhows " .and shipped ha(d< to 
 
 lirailfurd as ■■akind of a petie-fom;er "f I'^nnic- i'jiL;land. The expense iil' this t'Xjieditinii 
 
 fells Iniii;": hut he appeal's to ha\'e heeii e(l- against Moi'tim \\-;is .-issi'sscd upon ei^ht diflcr- 
 
 c. .. ucatcd for the har in l^nelanil cut iilantations. In 1 fi.'w he iiuhlished a hook 
 
 Section 29. ' 1 
 
 Thomas and to have come to Massa(din- ahout Massa(dmsctts. entitlcil " Nt'W Eiinlish 
 
 norton. ^^.jj^ jii |,;._,^ i^j, ],;•_>.-, ^^.jjii Cnnaan," which ( io\-ei-iioi- l>i-adford says was 
 
 Cajitain ^\'ollaston. and to ha\-e settled at Mount an infamous and scaii'i'ilous hook, full of lies 
 
 ^\'ollaston, now in (^uini;v. Foi' three oi' foui' and slanders against many uodly and chief men 
 
 Years he was a thorn in the side of the pious of the (.-ijuntry : for \\dn(di and other matters, 
 
 fathers of the * 'oloiiw He held hiuh carni\-al hein^ then '■ ni'owii old in wi(;kcdncss," he was 
 
 at his place, \\hi(di he name(l Merry Moinit, suhseijuently im|)i-isoiie(l in Uoston. 2 
 
 and hecame lord of misiiile and a tcachci' of Mr. .James Sa\-aec in his \-aluahle notes to 
 
 atheism. He si't up a Ma\'-]iole, to which he ^\'inthrol)'s Histoiy of New iMinland, ]>aee 41, 
 
 invited the Indian wouaai, and spent his time cxpi-csscs the o]>inioii that .Moi'ton sailed in the 
 
 in (Irinkine and daiicine and composine- " I'imcs ( Tai'ity and ari-i\-e(l in .lune, X^Vl'l, se\-ei-al years 
 
 and verses." He also sold eniis and powdci' earlier than < ioN'ci'iior Ih'adfoi'd states. Tpon 
 
 anil shot to the Indians and taueht them how the title pa^c of his hook Moi'tiin desta'ihcd 
 
 to use them with ileadh' eflect. Hewaswarned himself as " of CI itfoi'd's lini. ( iiaitleman." and 
 
 li\- the chiefs to desist, hut he defied them, and idaimeil to haN'e had leii yeai's' knowledge and 
 
 harricaded hims(df inhis house. Ai-coi'dine Iw expia-ience of the count I'w 
 
 their patience heine- i'xhauste(l, ( 'aptain .Myles To iletVay t he cha i-ucs of Moilon's transpoi'- 
 
 Standish was sent to ai'ivst him in K;!'.^, and tidion hack to l\n,e|and, to pav his dehts in 
 
 finally cajitui-ed him in his hraise with ai'ius in .Massachusetts ■'and lo eis'c satisfaction to the 
 
 his hands, hut 1o(] di'unk to use tlieur He was I ndians foi' a canoe he look unjusliy from theiu," 
 
 ' Opinion of tlie Judges, ?>" Vt. GG.j. Wastilnirn, .54, oh; 
 
 - Bradford's History of Plymouth Plantation (ed. Isfl.S), Hubbard, 103, 427-131; 
 
 pp. 384-294, 303; Havis' Morton, i:'.G-141. 
 
34 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 it was ordiTocl )iy tlio Ciiiirt on ,S(.'pte'iril)er 7, 
 lO.'iO, that all his n'doils should he seized and 
 his house hurnt to the .^iriund in sij^lit of the 
 Indians. ' 
 
 It was Thomas IMoiion who originated the 
 ludieiTius story of vicarious jmnisluneiit which 
 is thus deserihed in lUitler's Iludihras : 
 
 " Our brethren of New England use 
 Choice malefactors to excuse, 
 And hang the guiltless in their stead, 
 Of whom the churches have less need. 
 
 A precious brother having slain. 
 In lime of peace, an Indian, 
 
 The mighty Tottipotiraoy 
 Sent to our elders an envoy. 
 Complaining sorely of the breach 
 Of league, held forth by brother Patch. 
 
 For which he craved the saints to render 
 Into his hands, or hang the offender. 
 But they, maturely having weighed. 
 They had no more but him of the trade, — 
 A man that served them in a double 
 Capacity, to preach and cobble, — 
 Resolved to spare him ; yet to do 
 The Indian Hogan Mogan too 
 Impartial justice, in his stead did 
 Hang an old weaver that was bed-rid." 
 
 Huhhard seems to think that there was a 
 gram (jf trutli in this stoi'v.- 
 
 Xathanicd Ward, the author of the Body of 
 
 Lil)ertiesan<l the "Sinn)le( 'ol)blerof A^awaiii," 
 
 studie(l and pi'aetised law in iMi^dand for at least 
 
 Section3o. t-'."^'* years ( 1 (i(l7-l (il o). In 
 
 Nathaniel IdlS ln' cntereil the ininisti'y, 
 
 Ward 
 
 and eoiitimied to [H'cach un- 
 til he was suspended for I'nritanisni in Id-'l-'l l)y 
 Arehliislio]! Laud. In Id-'U he arii\-cil in Mas- 
 sachusetts, and settled at I})swi(di. I lis great 
 work, the ISody of Lilierties, consisting of one 
 hundreil fundamental laws, was pre[)ai'ed aljout 
 Id.'SS: in 1(!;!!) it was presented to the (ieneral 
 
 ( 'ourt and to thegovernorand deputy governor; 
 and in 1(J41 it was adopted hy the peojile. 
 This body of laws M'as a masterpiece and to it 
 may he traced many of the laws nf)\v in foi'ce. 
 lie is also entitleil to credit for stopjiing the 
 ]>raeti(/e of the magistrates in giving private 
 ad\'iee to jiarties before the case came to a })ub- 
 lic hearing. ■' 
 
 Iiichai'd Hellingham washreda lawverin Eng- 
 lanil,aiid came to Massachusetts in l(i.'j4. He 
 was one of the original patentees named in the 
 ('hartei', and playeil a jii'omi- Richard 
 
 nent part ni the public affairs of Bellingham. 
 the ( 'olony. He was elected a magisti-ate or as- 
 sistant in li].'!"), and served for many years. 
 In 1()41 be was elected go\'ernoi'. He was 
 particulai'ly noted for his sterling honesty, 
 beinga great hatt'r of ])ribes ine\'erv form, and 
 for his sound juilgment. He was not a fluent 
 speaker, being, as Hubbard (|uaintly expressed 
 the idea, ''like a vessel whose vent holdeth no 
 good pi-Qportion with its cajiai-ity." He died 
 tit Boston, Deeendjer 7, l(i7L', aged eighty years, 
 and was buried in the old (Iranary burial 
 ground.''" 
 
 Thomas Leckford was at one time, aljout 
 lii4n, the only attoi'uey practising in Massa- 
 chusetts who bad been educated for the bar. 
 W'ashliui'n aptly describes him Thomas 
 as "the embodied liar of Mas- Lecltford. 
 saehusetts l>ay," and states that became to the 
 ('olony in l().'i7 to seek his fortune in the 
 practice of his profession. He argueil and dis- 
 puted with the magistrates, howe\'er, and I'en- 
 d(aed himself very unpopulai', and in I(i;5!» lu- 
 was disbai'red. '"^ ll may have been bis con- 
 duct which led to the adoption of Libei'tv X(j. 
 
 1 Savage's Winthrop, 41, 42. 
 
 Hist. New England, 77 led. 1S48). 
 
 Savage's Winthrop, I, 183 note, 388; II, 42, 66; 
 
 Whitmore's Colonial Laws, Introduction, 8, 9, 18. 
 
 Hubbard, 610; 
 
 Savage's Winthrop, I, 173 note; II, 36, 41. 
 
 Washburn, 03, 54; 
 
 2 Savage's Winthrop, 43, 44. 
 
THE JUDICIAL SYSTILM OF NEW ENGLAND. 
 
 35 
 
 1^1! ill 1()41, pidliiliiting tin.' iiayiiiciit of a fee 
 or reward for attorneys' services. Shortly after- 
 wards lie retuiued to England and within a 
 few years Idhei'ty No. L'(i was repealed. Jf he 
 had remained in ^hissaehnsetts and had left 
 sueeessors of the same ty])e of eharaetei', Lil)- 
 erty No. 2(! nd^ht still he in foree. 
 
 Roger Ludlow was prohaldy the only man 
 among the early settlei's of ( 'imneetieut who 
 had received a legal ti'ainiug in iMigland. lie 
 Roger took a prondnent pai't in iVam- 
 
 Ludlow. iug the- Fundamental Orders" 
 
 of l(i-')9. inspired hy the fniious sermon of 
 Thomas Ilookei'. [ireached helure thedeneral 
 Court at Hartford. Ma\- :\\. l(i;!S. Ludlow is 
 especially distinguished as the authoi- of the 
 first (Connecticut ('ode "f l(;.')(i. Ju Kidii he 
 was retjuested hy the (ieuei'al ('ourt ti> prepaiv 
 this (.'ode. or "Body of Lawes." and was en- 
 gaged upon the work foui- years. I lis ('ode 
 disjilays great ahility and rt'scarch, as well as 
 oiiginality, and was the most elahoi'ate of its 
 time in New JMigland. ' 
 
 ALuiy of the early go\'eruoi-s and iiiagisti'ates 
 were educateil for the har in faigland, hut 
 nevei' })ractised law in this couuti'y. The most 
 conspicuous among these were Wdutlirop, ISell- 
 ingliam, Dudley and JIumh-ey.- It is to the 
 originality and constructi\'(- ahility and iii- 
 de})endenee of these men that we owe many 
 im})ro\'emeids in American law upon eai'ly 
 Lluglish law. 
 
 During the wdiole of the ( 'oloinal pei'iod, the 
 legal rii'ofession stood vei'\' low in the scale ot 
 morals. It is, howe\er. consoling to know 
 that most (if the attorneys wdio ]iractise(| at 
 this time were not hi'cd to the har, hut had 
 heeu in trade or husiuess of one kind or a not he i: 
 
 Amos Richardson was a tailor: ( 'hcckley, and 
 Watson, and ('oggan, were mei'chants, and the 
 famous l>ulli\'anl was an apothecai'y and pli\'- 
 sician. During the ceidury preceding the 
 Re\'olution, h(iwe\'cr, I he cliaraclcr of the legal 
 pi'ofcssiou impi-o\cd greatly, and il had many 
 leai-ned, ahle and upright nuaiihei's. The 
 LjUgiish distinction hctween hai-risters and at- 
 torneys was prcsci-\-eil in Mas- Barristers. 
 sachusetts. In 17()S there were twenty-H\-e 
 harristersin Massachusetts, among wdiom wci'c 
 Richard Dana, -lames Otis, ji'., and Sanuiel 
 (^)uincy of Roston ; .lohn Lowell of l']sse.x ; .lames 
 I'utnam of Worcester: Rohert Treat I'aineot 
 l)i'istf)l. and I'elhani Wduslow of Rlymouth.-' 
 
 As late as ISOC the teian " haia-istci' " was 
 used in the I'ulcs of the Supreme .ludicial ( 'oui't 
 of Massachusetts, adopted at the March term 
 of that year. "• 
 
 In ('onnccticad tliei-e seem to ha\'e heeu no 
 gi'adcs in the pi'ofession : the na.nn' harrister 
 was not cmplo\'ed. and all law\'ers weir called 
 atto)'ne\'s. and could plead at thehai', as well 
 as ti'ausact any othci' h/gal husiness. ■' 
 
 The harristei's as well as the judges wore 
 gowMis, hands and wigs. l'[)0n the hearing ol 
 Ra.xton's case, (^uincy's Repoi'ts, ol, in 17()1, 
 relating to writs of assistance. Wigs and 
 thcii- ap[icarance is thus dc- Gowns. 
 
 scrihed hv l'resid(ait .lohn Adams in a Icttci' to 
 .Ml'. Tudor: "In this chamhcr were seated at 
 a long tahle all the liai'ristei's of Rostou, and 
 its iKMghhoriug ('(Minty of Middlesex, in theii' 
 i;-owns. hands ami lye-wigs. They were not 
 seated on i\'o]'\' chair>, hut their dress was more 
 solemn and more pompous than that (it the 
 Roman Senate wlnai the (ciuls hroke in upon 
 th(aii."'' 
 
 Judicial Hist. Conn. 10, 13, 64(1895). 
 Savage's AVintbrop, II, 44 note. 
 ' Washburn, 51, 200, 201. 
 
 2 Mass., 73, Rule IV. 
 Swift's System, vol. 1, p. 102. 
 ' Washburn, p. 103- 
 
36 
 
 THE JUDICIARY AND THE BAR OF NliW ENGLAND. 
 
 'J'lic Iiiw c'stcc'in ill wliicli tlic t'orcfatlici's 
 
 lield hiw ycrsis alsci cvidciK/cil liy llie way tlK'V 
 
 treated tln' lei^al jii'ofessioii in the matter of 
 
 c .. fees. Hv Arti(de Xo. -Jl! of the 
 
 Section 31. 
 
 Attorneys' l>ody of Lil)erties, ailopted in 
 Fees. 1(;41, it was expivssly [irovided 
 
 that ■■ J-"\'ei'\- man tliat tindeth Inniself unfit to 
 ])lea(l liis own cause in an\- emii't sliall liave tlie 
 lihtM'ty to ern})loy any man against wlioni the 
 court ihitli not except, to lielp liini, proN'ided he 
 \iS\(' him no fee or reward foi' liis jiains." 'I'his 
 statute seems to liave ixanained in force for a 
 few yeai's only, liowe\-er, and was |>i'o1)alily 
 dropped prioi- to 1 (Ul). It is certain that it 
 \vas not inserti'd in the ];e\-ision of tlie Stat- 
 utes of l(i(;(), wjiicli purpij|-te(l to contain all 
 tlie statutes then in foi'ct'. ' 
 
 As lias ht'cn elsewlieri> su,t;;u,'ested, Thomas 
 Lecktord was |>rolialily the caust' of the ado[)- 
 tion of this so-called liherty. and as he left 
 Massachusetts ISay indist^race in l(j41, and re- 
 tui-ned to Kii^land, it is possible that the stat- 
 ute was ix'[iealed shortly after his departure'. 
 
 Ahout the year l(J.S(i, a tahk' of attorne>'s' 
 fees was estahlishe(l in Massachusetts, ami at- 
 toi'iieys were ohlin'cd upon admission to thehar 
 to take oath, not only that they would not 
 cliar^e lar,ij,er fees than those estahlisheil hy 
 law, hut that tlR'\' would he "contented with 
 su(di fet's " as were allowe(l hy the ('oumal, or 
 by the judu'es of the Superior ( 'oui't. - 
 
 The le,n'islati\'e attempts to re^'ulate attor- 
 ney's fees have lie(ai f<'W and slioi't li\ed. 
 
 Since the Kiwolution, if not hcfoic, counsel 
 as well as atfoiiie\-s ha\'e he(ai allowe(l (o I'c- 
 
 (.■o\'er fees for professional service's in an action 
 at law: conti-ary to the En,i;lisli rule with re- 
 spect to counsel. In the alisence of a special 
 a,i;reement with the tdient, tlii' fees should he 
 coiiiinensurate with the value of tlu' .sei'vices 
 [)erform(.'d l)y the attiu-ney or counsel, some 
 iT'^aril heing paid to his standing' in tlie }ii-o- 
 fession for learning and skillfulness. ^ 
 
 The coui'ts early adojited miles and onlers 
 i-espectiiin' admission to the har. In Massa- 
 chusetts, an order was ])assed on July 2<), 
 iCSli, n-ulatiii- the a.lmission ^^^^-^^^ ^^ 
 of attorneys, ami at this term Admission 
 (dies Masters, Anthony (.'heck- to the Bar. 
 ley, .John Watson, Nathaniel Thomas and 
 ( 'hrisio|iher W'ehh were, upon takiii,^ the oath, 
 admitted as attorneys. ^ 
 
 Since tlie tinu' of Lord Holt (1701) the at- 
 tornevV oath of office has rei[uired him to con- 
 duct himself " in the office of an attorney 
 within the courts" acconliiiij; to the hest of 
 his knowded.^e and discretion, and with all 
 i^ood tiihdity as well to the courts as to his 
 (dieiits. Ill addition to this oath he has, since 
 the licx'olntion, heen obli,ij,'eil to take the oaths 
 to su]iport the Constitutions of the I'liited 
 States and of the State in (juestion. ^ 
 
 In I7.S.5 it wasenacteil that no [lerson shraild 
 l)e admitted to practice law in Massachusetts 
 until hi.' had taken and suhscrihed the attor- 
 ney's oath of otHce. '' This statute rt'inaiiied in 
 force until l.S:](), and during this time no per- 
 son w ho had not ciimplied with the ti'rms of 
 this statute. e\'en if he had heen regularly ad- 
 mitteil in a sister State, could recover fees for 
 
 Whitmore's Colonial Laws Massachusetts, pp. 1, 27, 28, 
 
 39. 
 AVashbuni, 8s, 89. 
 ' Vilas V. Downer, 21 Vermont, 419; 
 Briggs V. Georgia, 10 Vermont, 68; 
 Brackett v. Norton, 4 Conn. .517 ; 
 Smith V. Davi.s, 45 N. H. .'jflG; 
 
 Ames V. Potter, 7 R. I. 205; 
 
 Codman v. Armstrong, 28 ilaine, 91; 
 
 Hallett V. Oakes, 1 Cushing, 296. 
 -I Washburn, 88. 
 
 ■' Gray, C. J. in Robinson's Case, 131 Mass. 37(3, 379. 
 '' Mass, St., 1785, c. 23. 
 
THE JUDICIAL SYSTEM OF XEW ENGLAND. 
 
 37 
 
 liiss(_T\-iccs iicrtiiriiicil in tliisStatoJ In Mninr, 
 a sonu'what siniilai' statutr was taifurred as 
 latv as 1S74. - 
 
 In ISdd it was provided liy a lulc (if tlic 
 Su])R'nic Judicial Cciurt iliat " No altoiaicy ni' 
 counsellor sliall licrcattcr lie admitted witliout 
 a previous examination." At the same time 
 examiners were a|i|ininfed li\- tlie court from 
 amon^- the leadiui;' haia-isters and counselldi-s 
 for tlie counties of SuH'olk, Essex, Middlesex, 
 Hampshire, I)rist(d, \\'orcester, York, Cumhei- 
 laud, Lincoln, Kenneheck, I'lymouth and 
 lierkshii'e. 'Idiose appoint eil for Suffolk ciamtN' 
 \vere Messrs. I'ai'sons, ( iore, Dextei', < )tis, W. 
 Sullivan and ( '. .lackson. Lor l^ssex countv, 
 Mt'ssrs. I 'ane, Li\(.'rmoi-i', I'rescott, I'utnamand 
 Story were appointe(l. Middlesex was I'epi'e- 
 sented hy Messrs. Ward, T. Hinelow and I)ana. •' 
 
 This pracdice of ap[ioitdiii^ hai- exannners 
 for the se\'ei'al counties continued until l.s!)7, 
 when a statute was passed estaljlisliin^' a State 
 hoard of liai' exaiidnei's, consisting' of fi\'emem- 
 liei's, no two of wdioni shall reside in the same 
 cnunty.* 
 
 riie powei' to make I'casonahle rules for the 
 aihrnssion and i'(aiio\-al ot memViers ot the har 
 is inherent in e\'ery court,' and lias heen fre- 
 i|iiently exercised hy the courts. '' An attoi'iiey 
 is tieneralK' i'ei;ai'dei| as an (jfhcer of the coui't, 
 and as su(d] is suhjcct to all i'easc)nal.)le I'ules 
 and reeulatioiis adoplc(l hy the coui't I'elatiu^ 
 to the pi'actice of the law. in Massa(diusetts 
 this I'uli' p)'e\'ailed ascai'ly as 17<n.' 
 
 Ill ( 'oniiect i(ait Ihi' first statute relatinL;to 
 the admission of attorneys was enacteil in 1 71 IS. 
 'Idiis statute, liowe\'<'i', contemplateil an aji- 
 
 ' Ames V. Gilman, 10 Metcalf, 239. 
 ■-' Perkins v. McDuffee, 6-j Maine, 181. 
 ■ 2 Mass., 72, 73, 75. 
 J Mass. St., 1897, c. 50s. 
 ■' Bryant's case, 24 N. H., 149, 1.58; 
 Manning v. French, 149 Mass., 391, 398-9. 
 
 proval hy the court in each particular case in 
 w hi<'h an attorney appeareil, and (hd not pro- 
 \dde for the n'eiieral admission of attorneys. 
 It was not until 1 7o() that Connecticut ])ass(Ml 
 an act with respect to the ^'cneral adiuissioii of 
 attorneys to practice, 'idiis statute of 17-")0, 
 with a few N'crlial changes, remained in force 
 until I.SIM), ill which year a State examinin;^- 
 coinmittee of fifteen memliers was estahli.slied.** 
 
 The act of 17ns de(lare(l "that no person 
 except in his own case, shall he admitted to 
 make any plea at tla.' har witjiout heiiij;' fir.st 
 a[)proved of hy the court hefore whom the plea 
 is to he made, nor until he shall take in tlie 
 said court the followini; (jatli, \iz. : You shall 
 do no falsehooil, nor consent to aiiv to be done 
 in the ciMirt, and if y(ju know of any to he done, 
 you shall ^i^ive knowledge thereof to tlie justices 
 of the court, or some of th(Mi], that it may he 
 reformed, ^'ou sliall lait, wittingly and wili- 
 in^'ly promote, sue, or procure to lie sued, any 
 false or unlawful suit, nor .n'ive aiil or eonsent 
 to the same. \'ou shall diday no man for 
 liuM'c or maliiT', hut you sliall use y(.iurself in 
 the oftie(.> of an attorney within tlie court ac- 
 coi'diui: to the ht'st of your leariiinu,' and dis- 
 cretion, and with all n' 1 fidelity, as well to 
 
 the iMJiirt as to the client. So ludp you (!od." 
 
 Ill 1 7i)o tlie I'ule or custom had hec(.irne es- 
 tahlished in ( '(jiinecticut that no can<lidate for 
 the har \\'Ould he admitted unless he had 
 sei'\'(.'(l ail apprenticeship in a law office for two 
 years, in case he hail enjoyed a liheral educa- 
 liou. and for thre(' years, in case he had had 
 only a common cdiical ion. '•' 
 
 The miiiha'u methods of the trust to restrict 
 
 '■ 121 Mass., «00. 
 1 Washburn, 189. 
 - In re Hall, 50 Conn., 131; 
 
 Judicial Hist. Conn., 185, 180(1895). 
 " Swift's System, vol. 1, p. 103. 
 
o8 
 
 THE rUDICrARY AXD THE BAR OF NEW ENGLAND. 
 
 (.■ompetitiou wen' ti'ii'd for one year in CVmiieft- 
 icut with resi)L'c-t to attdnieys. ISy the statute 
 of 17;)() it Mas enaeted as fdllows: "Tliat 
 there shall he allowH/d in the ( 'olony eleven 
 attorneys and no more, \'i/,.: Three attorneys 
 in the ( 'ounty of Hartford, and the other four 
 eouuties to ha\-e t\\'o attorueys t<i [ileail at the 
 har in eaeh i'es})eeti\e eounty, and no more." 
 Foi'tunately for the jirofession as well as for the 
 eomnumity this statute was i'ei>ealed in IT-'U, 
 and the policy has not since licen rex'iveiL ' 
 it is [)erha[is needless to ohserN'c that the former 
 statute did not oii^inate in a desire on the part 
 of the lawyers to increase their own profits l)y 
 limitinu,' tlje iiuruber of le^al [)ractitioners : and 
 this is suHicieid to pi'ovc that no lawyers' 
 trust existed rir was c<nitemplated. 
 
 The courts from the eai'liest timi's ha\'e as- 
 serted the }iow'er to reiiio\'e attorneys toi- mal- 
 practice, crimes and otfences of many kinds. 
 Section 33. Pi'oceedinns for disljarment are 
 Disbarment. jj|,^ nf., ,.i-j|||i,i.i| nature: they 
 
 do not re(]uire a presentment hy a !j,rand jury ; 
 nor is the attorney entitled to a trial hy jui'y. 
 Their " primary purpose is not punishment, 
 but the pi'cservation of the [lurity of the courts 
 and the jii'otection of the public from attorneys 
 who disregard theii' oath of otfice." - 
 
 "Idle fii'st attornc)' in Xew ICuiiland to suffer 
 disbai-iucnt was Thomas hcckfoi'd. His(]ffence 
 coirsisted in "goinn to the .Icwu-y and plcaflinu 
 with them out of ('oui't." The 'Quarter ('lau't 
 in Se])teiuliei', 1 ()-'!9, accordiuuly disbarreil him 
 "from plcadini; an\' man's cause lici'eafter. 
 unless hisowu.'' Iiilddl he i'efuriic(l to IOhl;- 
 
 land. w here he had been educated for the l)ar, 
 and revenec<l liimself liy publishing in l(i42 
 his book entitleil " Plain Dcalini;-, or News 
 froiu New b]ni;'land." ■'' Not beini;' allowed to 
 practice law in Massacliusetts, he cai-ncd a 
 scanty li\-in,i^ for two years b)- copyin.u i)a|icrs 
 and we are under a deej) obligation to him foi' 
 making the oidy contemporaneous copy of the 
 manuscrijit of the lioily of Idbertie.s of 1(141 
 now ill existence. * 
 
 Attorneys wdio indulecfl in sharp practice 
 were sonu'times lectured in open court, .fudye 
 Sewall in charging the grand jury in the new 
 Town House of Hoston on Ma>' o, 171-'!, ad- 
 monished the attorneys in the following ipiaint 
 phrases, which \\'ei-e then in vogue : " Let this 
 large ti'ansparent costly glass ser\'e to oblige 
 the attorneys always to set things in a true 
 light, ^lay that pro\-erb, '(ioldeii chalice and 
 wooden priests,' never ln' transferred to the 
 ci\'il order, and let the character of noiu' of 
 them be ' Im[)ar Sil)i.' Let them remember 
 they are to ad\'ise the court as well as plead 
 i'or their (dieuts.'' ^' 
 
 Within the present generation the (|Ueslion 
 of the right of women to practice law has re- 
 cei\'ed much attention. l>y the common law 
 of luigland and Amci'ica down Section ^4. 
 
 to the Ue\"oliitioii women c(]uld Women as 
 
 , , ,, , I Attorneys. 
 
 not liecome attorneys at hiw. 
 
 The (|iU'stion has gi\-eii rise to much dilfereiice 
 
 of opinion among the courts of New England. 
 
 In Issl it came before the Supreme .ludieial 
 
 Court of .Massachusetts in Kobinson's case. L'll 
 
 .Mass.. :'>7ii. and it was ladd in an (daboratc 
 
 ' Judicial Hist. Conn. 184 (189.0). 
 - E-x parte Bronnsall, Cowper, 829; 
 
 Randall, petitioner, 11 Allen (Mass.), 473, 
 
 Kimball's Case, 64 Maine, 140; 
 
 Bryant's Case, 24 X. H. 149; 
 
 Boston Bar Association v. Oreenhood, 1C8 Mass. 109, 
 183: 
 
 Delano's Case, .58 N. H. 0. 
 
 ■* Washburn, h'i, .54. 
 
 -' Whitmore's Sketch of Colonial Laws, 8, 9. This copy 
 is known as the Hutchinson manuscript and is now 
 (1899) in the custody of the Boston Atheneum. 
 
 ■' Sewall's Journal, quoted in Wash. Jud. Hist. Mass., 
 202.' 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 39 
 
 opinion liy .Mr. Cliicf .lustier (ivay tlial ac- Tlie ri^lit t" pi'acticc law in the State courts 
 
 eordin,^ to the tlien existing hiws women eonhl is not a ■• pri\ile,ue or iiiniiuiiily " of a, citizen 
 
 not he aihnitted tn practice as attorneys. In of the I'nited States, and theicfore, althouj^di a 
 
 1 8S2 the same (|Uestion arose in Coiniectieut woman may he a, cit i/.cii of llie ITnited States, 
 
 and in 1S90 in New Hampshire, in hutli nf slie is not entitled under Ihe Constitution to 
 
 wliicli eases tlie courts hehl tliat women were act as an attorney at law. Ivicli State liaw the 
 
 eligihle to the har. ' pdwci' to i>resciilie tlie rules and (|ualitieations 
 
 In 1SS2 the legislature (if Massachusetts re- tui' admission to the har of its own courts, and 
 
 \-erseil the rule announced hy the court, ami the exercise of this jiower is not affected l.iy tlie 
 
 enacted that "the provisions of law relating to i'\'dei'al Constitution, and cannot he controlled 
 
 the (jualification and admission to piactice of hy the Federal Coui'ts. I n tlu' Supreme Couii 
 
 attorneys at law shall ap[>ly to women ; " '- and of the I'inted States, howe\-er, and in many of 
 
 since then many women ha\'e heeu admitted the lowei' Federal ( 'oui1s, women are admitted 
 
 to the har. to practice iqioii the same tei'ms as men. ■'* 
 
 CHAPTER IV. 
 
 THE POWER OF THE JUDICIARY TO DISREGARD UNCONSTITUTIONAL STATUTES. 
 
 I. Introductory.— II. Early Cases and Opinions Upon this power.— III. Causes which Led 
 TO THE General adoption of this power.— iv. Limitations of this power.— V. Extent and 
 Effect of this power. 
 
 le 
 
 I. INTRODUCTORY. is exercised hy hoth the State Courts and tl 
 
 The judicial system of the United States is Federal Courts. It isti'ue that several English 
 
 distinguished from that of every othei- country .jndges have said in effect that an Act of Par- 
 
 bv the power of the, judicial courts to declare liamentcontraiy toconmiou leason or the laws 
 
 statutes unconstitutional and of nature, was void ; hut no Fuglish court in 
 
 Section 35. yfijii^ mill t,, disregard such hane has ever ex[iresseil such an opinion ; nor 
 
 Distinguishing , , ■ 1 
 
 Characteristic statutes in deciding u[ion the has tins powei- lieen lecognized or conceded to 
 
 of our Judicial pjolits of parties judiciallv he- I'xist in the courts hy Parliament or by tl 
 System. ^ 1 1 i^ i- 1 i ^v 1 
 
 U)YC the coui't. In no othei' < I'own, or l)y the r^nghsli people. (Jn the con 
 
 counti-y does this power exist. Jt is a distiiic- traiT, Parliaiieait isomnip(jteiit, andcanchang 
 
 tive characteristic of thecourfs held within the the Fnglish Constitution at any time hya 
 
 territory of the United States; and the power [ile act of legislation, and the f]nglis]i courts 
 
 In re Hall, .50 Conn. 131 ; ' Bratlwell v. State, 10 Wallace, 130; 
 Richer' s Petition, 00 N. H. 207. I" re Lockwood, 1."j4 U. S. 110. 
 
 '■ Mass. St. 1882, c. 13'J, approved April 10, 1883. 
 
 le 
 
 ;e 
 sini- 
 
40 
 
 THIi JUDICIARY AND THE BAR OF XliW RXGLAXD. 
 
 are bound to enforce the new statute, liowevev 
 inconsistent witli their views it may he.' 
 
 Tlie fact tfiat Elughuiil has no written con- 
 stitution, while America lias written constitu- 
 tions, does not account for this difference in the 
 judicial systems of the two countries. France, 
 Switzerland and (Jermauy lia\'e ;dso written 
 constitutions, hut their courts have no })0wer 
 to pronounce laws unconstitutional. 
 
 In all countries, except the United States, 
 this power of passing upon the constitutionality 
 of statutes or proposed statutes is not conferred 
 ujion tlieju(hcial department, hut upon some 
 other departiiieut of the govenniient, or rests 
 witli the \'oters in the exercise of their political 
 rights. In France, for instance, the Constitu- 
 tion ordains that the legislature shall not pass 
 laws of a certain nature: hut these constitu- 
 tional provisions are only liinding upon the 
 consciences of the nieml>ers of tlie legislature, 
 and cannot he enforced hy the courts even for 
 tlie pj-otection of private rights. ^ Until a stat- 
 ute is repealed hy the legislature, the courts 
 must give effect to it, and the rights of indi- 
 viduals ;ire governed hy it. The judiciary 
 mereh' construes the statute in foreign coun- 
 tries, and docs not undertake to deny the 
 power of the legislature to pass the law. 
 
 Upon this suljject De 'roc(|ueville in his 
 "American Institutions" remarks: "r'c)nfe<l- 
 eracies have existed in other countries f)esidc 
 America: I lia\e seen Kejnihlics elsewhere 
 than upon the shores of the New ^Vorld alone: 
 the representative system of govei'nment has 
 been ;idopted in several States (if Furope : Imt 
 I am not aware that any nation of the globe 
 
 ' I Blackstone's Com., KiO; 
 Vanhorn v. Dorrauce, 2 iJallas (U. S, Cir. Ct.), 304, 
 
 307, 3(18. 
 - Dicey, Law of the Constitution, ch. II, p. 12.5 (3d ed., 
 
 1889); 
 
 has hitherto organizi'd a juilicial power in the 
 same manner as the Americans."-' 
 
 (hi jiagi'S 12s and 129 of the same work, De 
 Tociiueville adds: "This power is the only 
 one which is }iecidiar to tlie American magis- 
 trate, hut it gives rise to immense political in- 
 fluence. In truth, few laws can escape the 
 searching analysisof tlie judicial power for any 
 length of time, for there are few which are not 
 prejudicial to some jirivate interest or other, 
 and none which may not fie brought before a 
 court of justice by the choice of parties, or by 
 the necessity of the case. . . . The iiolit- 
 ical power which the Americans ha\e intrusteil 
 to tlieir courts of justice is therefore immense: 
 liut the evils of this power are considei'ably 
 diminished by the impossibility iif attacking 
 the lawsexce|it through the courts of justice. 
 If the jud.ge had been empowered to contest 
 the law on the ground of theoretical general- 
 ities — if he werealile to take flic initiative, and 
 to censure the legislator — lie wouhl play a 
 prominent political part : and as the champion 
 or antagonist of a party, he would have brought 
 tile hostile passions of the nation into a con- 
 flict. l)Ut wdien a judge contests a, law in an 
 oliscure deflate on some particular case, the im- 
 }iortance of his attack is concealed from public 
 notice : his decision bears u[ion the interest of 
 an individual, and the law is slighted only in- 
 cidentally. ... I am inclined to believe 
 this jiractice of the American courts to be at 
 oncc' most favoralile to lilierty and to public 
 order. . . . Within these linnts, the power 
 vested in the American courts of justice, of 
 [ironouncing a statute to be luiconstitutional, 
 
 Bryce, Am. Com. I, 430, note (1st ed.); 
 
 Const. Hist. U. S. , Preface by Henrv W. Rogers, pp. 
 
 10-13. 
 ■ American Institutions, p. 123, ch. \'I (Prof. Bowen's 
 
 edition 1870). 
 
THE JUDICIAL SYSTEM OF XEW EXGLAND. 
 
 forms one of tlie most powtTful 1 );irrii_'rs which 
 has ever Keen devised against tlie tyranny of 
 l)olitieal assenildies." 
 
 A. A'. Dicey in his work on "The l^aw of 
 the Constitution" (3d ed iSStl), pa,L,^e 12s, re- 
 ferring to this })eculiarity of the American 
 juilicial system, says: "This system, whicli 
 makes the judges the guai'dians of the Consti- 
 tution, [)rovides the only ade(juate safeguard 
 which has hitherto Ijeen invented against un- 
 constitutional legislation." 
 
 Hon. (Jharles Andrews, lately chief judge of 
 the New York Court of A[)peals, well says in 
 un address delivered on -luue 27, 189.S, hefore 
 the Yale University Law School, and puhlislied 
 in 5s Alhany Law -Journal, page 9: "The real 
 security against unconstitutional legislation is 
 found, not in the limitations of the Constitu- 
 tion. Ijut in the fict of the existence of one in- 
 dependent liody clothed with the function of 
 measuring the validity of legislation hy the 
 test of the Constitution." 
 
 The fundamental conce})tion underlying this 
 
 power of the courts and upon which it is 
 
 founded, is the Supremacy of tlie (Jonstitution ; 
 
 tlie idea that the act of the 
 Section 36. 
 
 Supremacy people in ailopting a Constitu- 
 
 of the ^Jqu i^ of higher authority than 
 
 Constitution. , ' 
 
 the act 01 tlie people s i'ei)re- 
 
 r-^sentatives in enacting a statute. It is ex- 
 pn-essly provided in the Constitution of the 
 United States that it shall lie " the Supreme 
 law of the land." Some of the State Constitu- 
 tions contain like provisifms with respect to 
 the States. 15ut the conception of the Con- 
 stitution's supremacy originated hefoi'c the 
 adoption of the P>deral Constitution, and irre- 
 
 1 Trevett v. Weeden, Rhode Island Supreme Court, Sept. 
 1786; Pamphlet by J. W. Varnura (178T); S. C, 2 
 Chandler's Crim. Trials, 269; 
 Commonwealth v. Caton, 4 Call. (Va.), 5 (1782). In 
 
 sped i\'(.> cif an explicit dedai'ation to that eti'ect 
 in any Sttite (.'onstitution. This ajipears from 
 several cases decided jirior to 1789, holding 
 State statutes unciinstitutional, although the 
 ('(institutions in (|uestion wei'c silent in regar<l 
 to constitutional supremticy. ' 
 
 in the great case of Mai-huiT v. Madison, 1 
 Cranch, 137 at 177, ( 'hief . I ustice Marshall said 
 u[ioii this point : " It is a proposition too plain 
 to he contested that the ( 'onstitution controls 
 any legislati\'e a(d I'epugnant to it, or that the 
 legislature may tdtei- the Constitution hy an 
 ordinary act. I)et\\-een these alternatives there 
 is no middle ground. The Constitution is 
 either a sujierior paramount law, unchangeahle 
 \)\ ordinary means, or it is on a level with 
 ordinary legislative acts, and like other acts, 
 is alterahle when the legislature shall please to 
 alter it. If the former part of the alternati\'e 
 Ije true, then a legislative act contrary to the 
 (Jonstitution is not law ; if the latter jiart he 
 true, then written constitutions are iihsurd 
 attempts on the part of the people to linut a 
 jiower in its own nature illimitahle. Certainly 
 ;dl those who lia\'e frame(l written constitu- 
 tions contemjilate them as forming the funda- 
 iriental and ptiramount \-a\\ of the nation, and 
 consefjuently the theory of e\'ery sucli govern- 
 ment must he that an act of the legislature, 
 repugnant to the Constitution, is \-oid." 
 
 The conceiition of the sujiremacy of the Con- 
 stitution also originated in the United States, 
 and was not recognized in any other country 
 until long after it wtis fii-mly estalilished in 
 America. 
 
 .lames \\'ilson, in a speech deli\'ei'eil on 
 Novemher 2(i, 17S7, in the ( 'oiu'cntion of I'enn- 
 
 this case President Pendleton suggested to the 
 legislature "The propriety of making the princi- 
 ples of the Constitution the great rule to direct the 
 spirit of their laws." Page 18. 
 
42 
 
 THli lUDICIAKY AXD THE BAR OF NEW ENGLAND. 
 
 syh'aiiia, uii the ox[i(_'ilieiu-v of udoptulf;' the 
 Federal Constitution, says: "To couti'ol the 
 powei' -M\i\ eonduet of the le,ij,ishitui'e hy an 
 overruling- constitution, was an improvement 
 in the seitaiee and practice of government 
 reserved to tlie American States." i 
 
 In N'ermont and Connecticut, however, the 
 doctrine of the supremacy of the Constitution 
 was not adopted or generally recognized until 
 after the adoption of the Constitution of the 
 United States. - 
 
 Wi'iting in ITIt-"), .ludge Swift (if Connecti- 
 cut, said upon tliis subject : " A (piestion of 
 imjiui'tance has heen agitateil respecting the 
 p(iw<'r of a legislature to altei' tin' Constitutinn 
 of a State. Hut it is generally agreed that 
 \\dierc a ( 'onstitutiou has heen fi'amcd hy the 
 [K'dpic at large, hy con\euti(in appointed foi' 
 that purpo.se, or hy the tacit agreeuK'nt of tin- 
 people, that no legislaturt' has the jiower to 
 alter it, and that the right rests in tlie penplc 
 alone.'' •'■ 
 
 The <'onccptiiiu of a supieme law I'elating to 
 fundamental matters adopted liy the peojile, 
 and to he of a highei' character than ordinarv 
 statutes, was cU'ai'ly mai'ked out hy the earlv 
 seltlei's in ^Massachusetts and ( 'onnecticut. 
 The famous " I'xidy of Faherties" adopteil in 
 l<i41, contaimng one liundi'e(I fundamental 
 laws, eiuhodied this conct'ption in jiermauent 
 form. The [ii-eamhle to this IkiiK' of laws de- 
 clai'e(l that these following rights, liherties 
 and pri\'ileges shall he " iu\iolal)ly enjoveil 
 and ohsei'\'ed throughout our jui'isdiction for- 
 e\'er, " and article DS pi'o\-idc(| that such of 
 these laws as were uotaltei'cd oi'l'epealed h\' 
 the (ieneral Ccjiiii within three years, "shall 
 
 ' American Eloquence, vol. 1, p. SO, edited toy Franli 
 
 Moore (D. Appleton & Co. 1859). 
 '' Preface to 1 D. Chipman's (\'t.) Reports, 25; 
 " The Three Constitutions of Connecticut," by S. E. 
 
 Baldwin, in Papers of the New Haven Colony 
 
 Historical Society, vol. V. page 203. 
 
 stand so ratiticil." Prior t(.) the ado[ition or 
 proivmlgation of these laws liy the (Ieneral 
 ('ourt, they were sulanitted to tin' magistrates 
 an<l elders and freemen in the several towns 
 and approx'ed hy them, ami ]iid)lishcd to all 
 the ])eople. * 
 
 The idea of a hody of fundamental laws, 
 "in I'csemblance toa Magna ( 'harta," originated 
 in l\hissachusetts as early as ll);!.!. In that 
 year it \\'as dei;ided to appc.iint a committee or 
 lioard to frame such a hoily of laws.^ The 
 matter was considered hy several (ieneral 
 Courts and I'efi'rreil to sonu' of the luagistrates 
 and (dders, hut no progress was made in fram- 
 ing such laws until .Mr. ( 'otton and Rt'verend 
 Nathaniel Want were ajipointed. Each of these 
 gentlemen jirepared a di'aftand jiresented it to 
 the Ceneral ('ourt in lli-'Jit, and the latter hody 
 committ(,'(l both drafts to the governoi' and 
 deputy go\-ernor to consider, and to re\use for 
 the next (Ieneral ('ourt.'' The draft prepareil 
 by Mr. \\'ard was adopted, without substantial 
 change, in 1 (;41 ." 
 
 While the Body of Liberties was under con- 
 
 sidei'ation in Massachusetts, the first jilanters 
 
 of ( 'onnecticut, consisting of the freemen of tlie 
 
 three to\\irs of Windsor, IlarttVird and Weth- 
 
 ersHeld, assemlded at Ilartfonl and drew up 
 
 and adopteil the first \\'i'itten constitution of 
 
 representative government in liistorw Thev 
 
 called this constitution •'The Luudamental 
 
 ( )i'ders of ('onnecticut," and it was adopted in 
 
 l(i.'')!t. It contained eleven orders (>\ laws of a 
 
 fundamental nature; [H'ONuded for the election 
 
 of otiicers, both executi\-e and h'gislati\'e, and 
 
 prcseribed rules and modes of go\'erinneid.*'* 
 
 ' Swift's System of Laws, p. 02. 
 
 J Savage's Winthrop, I, 388-389; H, 66; 
 
 Whitmore, Colonial Laws, 8, 9. 
 ■' Savage's Winthrop, I, 19L 
 '' Savage's Winthrop, L 388. 
 ' Savage's Winthrop, U, 66. 
 " F>ald\vin's "Three Constitutions of Conn." 180-182; 
 
 Conn. Col. Records, I, 20, 
 
THE J[-DIC/AL SYSriiM Or XfiW UN GLAND. 
 
 43 
 
 Section 37. 
 
 New 
 
 II. EARLY CASES AND OPINIONS UPON THIS 
 POWER. 
 
 •James Otis of Ma.^sacliusetts seeins t-iititli'il 
 to the oreilit of lu'liii; the lir.st iiiaii in New 
 En.iihuul to hmv^ tlic doctrine, that the courts 
 sliould [tosscss the j».iwer to 
 disregard unconstitutional stat- 
 England. utes, liefore the j)eoj>le, in sucli 
 
 a niannei' as to I'ender it l"i|i- 
 uhir ainonij; the Colonists. In his famous 
 argument in 1761 against tlu^ \-alidity of ^\'rits 
 of Assistani'e, in I'axton's ('ase, '^uint'V r)!, o(i 
 note, he l.)oldly maintained that an Act of 
 I'arliament against the (_'c)nstitution is void, 
 and that its invalidity may he declared and 
 actei] u[)on l^y the courts of justice : "and thus 
 foresliadowed tlie principle of American Con- 
 stitutional law, that it is the duty of the judi- 
 ciary to declare unconstitutional statutes \-oid.' 
 These writs of assistance were granted to tlu^ 
 officers of the customs, and authorized them to 
 enter sliips, wareliouses and even dwelling; 
 houses in the search for contrahand and un- 
 customed i^oods. This authority had Ijeen 
 greatlv aliused fiy the customs officers of the 
 Crown, and had rendered the Acts of Parlia- 
 ment under wliicli they wei'e issued very 
 unpopular in the ( 'olonies. "The people grew 
 nneasv," Hutchinson tells us, "under the 
 exercise of this assumed authority," and resist- 
 ed and sued the <')fficers.- Otis had heen 
 Advocate ( k'ueral until shortly liefore his ai-gu- 
 nicnt in Paxton's case, and rosigned his oitice 
 in oi'der to a\'oiil the unpatriotir duty of argu- 
 
 ing in fivor of these wi-its.-' Although the 
 court decided against tlie [iroposition ad\'anced 
 hy ()|isand issue(| the writ in I'axton's case, 
 his ai'guivieiit, appealed strongly to the popular 
 teeling, and :ii-(Mised gi'eal enthusiasm in iMassa- 
 chusclts,and pav'cd the way foi' the suhse(|uent 
 adojition of his \-iew liy tin.' American peojile. 
 This \-iew was repcateilly assei'ted hv Otis on 
 otliei' occasions, ;nid in the c(Mii'se of the dis- 
 putes witJi Paigland, it became a fu'orite aigai- 
 ment with the ( 'olonists in resisting the ( 'inwn.-^ 
 Pefci'l'ing to Pa.xton's case, Tliomas nut(di- 
 insou, wdio sal as chief justice in Ihis </ase, and 
 was tlir last royal go\'ernor ot ^^,assal•llusetts 
 Hay, says in his histoi'y (pages 1)4 and J).")): 
 "'Idle people wei'c taught thai inno\'al iuns, 
 under |ircteiise of law, wia-e now cimfirmcd hy 
 judgment of ( 'oui't incompatihlc with J'aiglish 
 lihei'ties, and that the autlioi-ily of coui'ls of 
 admii'alty, and the powers of (aistom-house 
 oHicers, always deemed grie\'ous hi'cause uncon- 
 stitutional, wei'e now estahlislied liy juducs 
 de\'oted to the pl-crogal i\'e." ■'' 
 
 L'nfil after the adojition of the (Jonstitution 
 of the Pnifed States in ITSH, the progi'css of 
 this doctrine in Massac! lusetts and throughout 
 the country was slow and un- riassachusetts. 
 certain. Mr.. I. I!, (.'utting in a letti^' toddiomas 
 •Jetferson, dated .luly 11, 178.S, says that a case 
 liad heen deciiled in Massachusetts, holding a 
 statute unconstitutional.'' Jle does not give 
 the names of the parties, howe\'ei', or any other 
 [lai'ticulars, and no recoi'd of sn(di a ilccision 
 has \-(-t come to liuht. It seems sate to .afhim 
 
 ' Note on Writs of Assistance, Appendix 1 to Oumcy's 
 Report, p. 521, supposed to liave been prepared 
 by Mr, Justice Horace Gray of the U, S. Supreme 
 Court. 
 
 - a Hutchinson's Hist. Mass., 02. 
 
 ■ Washburn's Jud. Hist. Mass., ISG. 
 
 ' Jeffries v. Sewal), John Adams's Works, vol. 3, p. 13it; 
 
 Rights of the British Colonies, p]j. -II, (11, (;2, 71-7;!, lO'J, 
 1 1 1). 
 ■' Extracts from this celebrated speech by CHis are given 
 in the Diai'_\- of John Adams, App. 52:5, 524; 
 Jliuot, vol. II, pp. 91-99; Barry's Ilisi. Mass. (2(1 ed.), 
 204-267. 
 " 2 Bancroft, Hist. Const. U. S.,pi). 472-473. 
 
44 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 that no Massarliusetts decision to tiiat eti'eot 
 was rendered hefore tlie Federal Constitution 
 became tiie law of the laml. 
 
 It was not until 1804 tliat this power seems 
 to have heen iisserted \^\j the courts of ^lassa- 
 cliusetts, and then only in a very mild form. 
 In Stoughton v. I!aker, 4 Mass., 522 at 529, 
 Chief -Justice ['arsons said: "The legislature 
 may make all laws not repugnant to the Con- 
 stitution; and we do not know that this law 
 is repugnant to it." In Is] 4, an act of the 
 j\[assaehusetts legislature, suspending the oper- 
 ation of a general law in fjwor of an indi\'id- 
 ual, was held unconstitutional by the court in 
 the case of Holden v. .James, 11 Mass., .')9G. 
 
 In its early stages the lioctrine encountei'ed 
 vigorous opposition, hotli from the legislative 
 and from the executi\'e departments and also 
 from the people. In ^"ermont, until the adop- 
 Vermont. tion of the (.'onstitution of tlie 
 United States, oi- later, it was the general 
 opinion that the legislature was supreme; that 
 the courts had no power to declare a legislative 
 act unconstitutional; and the contrary view 
 was considered "anti-republican," as .Judge 
 Chipman expresses it.' 
 
 Dupy V. Wickwire, 1 I). Chipman (A't.), 237, 
 decided in l<sl4, is Ijelieved to be the fii'st case 
 in this State declaring a statute unconstitu- 
 tional. It was an action of debt U> rec-over a 
 penalty of §o()() undei'a statute for tlie su})i)ort 
 of the poiir. The ground of action was that 
 the defendant, contrary to the terms of the 
 statute, had transported into the town of Ficads- 
 borougli one .lacob Morse, a poor [lerson, not 
 ha\-ing a legal settlement in said town, with 
 the intent to make the town iliarsj-eable with 
 
 his support. The plaintiff sued on behalf of 
 himself and of the town of Readsborough. At 
 the trial in the ('ounty Court the plaintiff 
 offered the deposition of the pauper in evidence, 
 l)ut it was excludeil ])ecause the caption omit- 
 ted the <iiu faiii. The plaintiff then procured 
 an act of the legislature, directing the deposi- 
 tion to be read in any future trial of the action, 
 notwithstanding the irregularity in the cap- 
 tion. The court held that the deposition was 
 competent evidence on general jirinciples, Ijut 
 not by virtue of the statute. In an opinion 
 "l)y tJje court" it is stated: "The act is most 
 clearly unconstitutional an<I void. It is an 
 attempt of the legislature to make a judicial 
 decision in a particular case; but the Consti- 
 tution of this State i)rohibits the legislature 
 from the exercise of any .juibcial powers. The 
 act is also retros|)ective in its ojieratiou, is 
 rather in the nature of a legislative sentence, 
 order, or ilecree, than of a law." Page 238. 
 
 In Connecticut theearly 0})inion wasstrongly 
 opposed to this doctrine. "Englisli prece- 
 dents," .Judge Simeon E. Baldwin informs us, 
 "had made our ancestors fa- Connecticut. 
 miliar with tlie omnipotence of Parliament, 
 and Some of our ('olonial assemljlies were 
 deemed to have powers liardly less great, so 
 long as they did not contravene the laws of 
 the mother country or the allegiance due to 
 the British Crown."- The Charter of 1(j62, 
 which was generally regarded and accepted 
 as the Constitution or fundamental law of 
 tlie State until 1818, invested the legislature 
 virtually with supreme power in all depart- 
 ments of government, and until 1807 the up- 
 per house was also the Su[ireme (.'ourt of the 
 
 1 D. Chipman's Vt. Reports, Preface, 22-26. 
 Const. Hist. Vermont, by J. W. Rowell, 4 New Eng. 
 States, p. V?,Ti. 
 
 The Three Constitutions of Connecticut," a paper 
 read before the New Haven Colony Historical 
 Society (1889 and 1891), vol V, of the Society Papers. 
 page 202. 
 
THE JUDICIAL SYSTliM OF NEW EX GLAND. 
 
 45 
 
 State, to wliicli all appeals tVoin other cDurts 
 were taken. ' It is true that Symshurv's ( ase, 
 Ivirhy's Reports, 447, \h'l, decided in 17.S4 hv 
 the Supreme Cdurt of Errors, contained the 
 ,^erm of the doctrine that tlie courts nia>' de- 
 clare nnconstitutiunal statutes void and inoper- 
 ative: Ijut tills ease did not S(piarely decide 
 the question. As late as 1 Tit") the prevailing 
 view was that the judiciary did not possess 
 this power. In that year, Ze|)haniah Swift, 
 who was then a distinguisheil lawyer and after- 
 wards chief justice of Connecticut, pulilisheil 
 his book on "The System of Laws in ( 'oiniec- 
 ticnt." in which lie maintained that this doc- 
 trine was uiitenahle and unfoundeil in truth 
 and reason, althoimh he conceded that it was 
 "popular and jirevalent.'' 
 
 •ludye Swift's arguments are \'igorous and 
 cDiicise, and are well wurtliy of serious consid- 
 eration, even imw. lie says in liis work just 
 mentioned : 
 
 "The le^'islaturc must he considert'(l as tlie 
 supreme hranch of the ^o\"crnmiait. I'l'e- 
 \-iouslvto their passiiiL:' an act, tlie\' must c(ai- 
 sidei' ami dctci'iiiinc whether it lie compatihlc 
 with tlie constitution. IScini; the supreme 
 power, and hound to jiid^c with respect to the 
 ijuestion in the fn'st instance, their decisi(Mi 
 must he filial and ciiiiclusive. It in\-ol\'es the 
 most manifest ahsiirdily, and is deeradim; lo 
 the le.u'islature, to admit the iilea, that the 
 judiciary may njud^^e (he same (|uestion wliicli 
 thev ha\'e decided : ami if they are of a dillei-- 
 eiit opinion, reverse the law, and pronounce it 
 to he a nullity. It is an (devation of the jiidi- 
 (/iary ci\-er the heailsofthe lenislatun' : it \-ests 
 them with sii[)]'emi.' power, and (aiahl<'s them 
 to repeal all the laws, and defeat all the meas- 
 
 ' Same Paper by Judge Baldwin, vol. V, pp. 208, 209; 
 Calder v. Bull, 3 Dallas, 3S6, 395; Butler, J. in Opinion 
 of the Judges, 30 Conn. .091 at .590. 
 
 U|-es of till' Ud\-el'nmelll. \\d lei ICN'cr a law is 
 passeil hy the k'oislal nre, the Hrst husiness of 
 the courts will he lo decide w hetlier it fie con- 
 stitutional and N'alid. The lowest courts must 
 permit the <piestion lo he seriously and delih- 
 erately a_nitate(l hefore them, resjiectino- the 
 X'alidity of the law, mid then they must sol- 
 I'limly (U'cide, whether an act passed hy the 
 supi'eme legislature he constitutional and ohlit;- 
 atory i.ui the pe<iple. Indeed the necessary 
 c()nse(|uence is that no law passed Ijy the leg- 
 islature, can he deeme(l hinding, till it has 
 receiveil the saia.'tion of the supreme judiciary, 
 and has heen de(dai'e(l to he constitutional. 
 The lowei' couits may ilecidt' differently, and 
 the ohligation 1o ohey a law may he uncertain, 
 till some individual hriugs the (|uestion hefore 
 the supreme trihuual for ultimate decision. 
 \\ here this trihuiia I is composed of cme branch 
 of the legislature, perhaps no danger could 
 arise, because they must ha\'e jircNuously in 
 their legislati\-e capacity, decided the law 
 to he constitution;! I ; hut where the judiciary 
 ;ii(' indepenih'ut of the people and the legis- 
 hdure. and hold tlieii' olfices bv an apipoint- 
 ment of the supreme exeiaitixe, it is a total 
 prostration <if the go\'erument, to vest them 
 with ;i p(jwer of deciding that legislative acts 
 ;ire mill. The leii ishit uix' will lose all regard 
 ;ind \-eneratioii in fheeyesofthe people, wln'U 
 the lowest tribunals of judicature are piermitted 
 to exercise the [lOwcr of (pu'stioiiiug the \-alid- 
 ity, and deciding on the constitutionality of 
 its ;icts — ;i priiaaple so d;nigerous to the rights 
 of the people. iUld so de|-og;itory to the iligllitv 
 of the legisbdure, i;amiot he foundeil in truth 
 ;nid reason." - 
 
 In New Jhnnpshire, an act of the General 
 
 -' Swift's System of the Laws of Connecticut, vol. 1, pp. 
 53, 53. 
 
46 
 
 TIIR JUDICIARY AXD THE BAR OF NliW EXGIAXD. 
 
 Coui't slanting u new trial to the unsuccessful 
 [Slew }iarty in the ease (lilni:ni v. 
 
 Hampshire. MeClearv was deelared uncon- 
 stitutional hy the Siipei'ior t^ourt in 1791. 
 The le,nislature, however, did not acijuiesce 
 in the exercise of this }io\ver by the court: 
 hut on the contrary, passed at least foui' 
 other statutes Ijetween 1791 and 1817 grant- 
 ing new trials in actions then pending in 
 the courts; all of which statutes wei'e also 
 })ronounced unconstitutional, and new trials 
 refused hy the highest court of New Hanip- 
 slure. ' In 181s this question «-as finally set- 
 tled in favor of the court's ]>ower in a learned 
 opinion delivered hy Judge Woodbui'y in 
 Merrill v. Sherburne, 1 N. H., 199. 
 
 In Rhode Island the juilges of the Supt'rioi' 
 Court displayed great courage am] indei^end- 
 Rhode ence in defying tlie legisla- 
 
 Island. |-^jj.|_, J, I |-],|-. important case 
 
 of Trevett v. Weeden, decided in Septeud)er, 
 17S6. Tliis was the first case in Ne\^" Eng- 
 land, and the second, or possiljly the third, 
 case in the Tnited States, in wlncli a statute 
 was disregarded l)y a court on the express 
 ground that it was unconstitutional. The 
 Superior Court was the Inghest court of the 
 State, and the judges who yjarticiiiated in this 
 famous judgment were Clnef Justice JMuni- 
 fonl and Associate Justices Ilazanl, Tilling- 
 hast, l)a\"ol and Howell. The defendant, .Icdin 
 Weeden, was a liutcher in Xewpoi't, wlm, on 
 Septemfier l.'!, 17>>'), refused to accejit certain 
 paper money issued by the State under an act 
 passed hy the Asseirddy in May. 17S(j. which 
 made tlie bills a legal tender in paynierd "f 
 debits at par with coin. The [ilaintiH'. -bibii 
 
 ' Merrill v. Sherburne, 1 X. H., 109 (1818), citing on page 
 216 the four casesof (1) Gilman v. McCleary, Sept. 
 1791; (2) Chickering v. Clark, no date; (3) Butter- 
 field V. Morgan, May, 1797; (4) Jenness v. Seavey, 
 Feb. 1799. Judge Woodbury in delivering the 
 
 Trevett, had purcha.sed meat of Weeden in the 
 open market and had tendered the biills in pay- 
 ment. The action was brought un<ler a stat- 
 ute passed in .Vugust, 1786, which authfirized 
 the reco\'ery of a stun of not less than si.v 
 pounds nor more than thii'ty pounds for a 
 refusal to acce[it the bills as payment. One- 
 half (if the penalty recovered went to the com- 
 [ilainant and the other lialf to the State. 'i'h(" 
 statute did not empower the coui't to empanel 
 a Jury, but on the t-ontrary declared tliat the 
 trial might be without a jury, 'idie tiction was 
 Ill-ought to trial fiefore the five judges on Sep- 
 tember Lio, l7S(i, anil was tried on a plea to 
 the jurisdiction, assigning timong other grounds 
 for the dismissal of the suit, that "the court is 
 not authorized or empowered by said act to 
 empanel a jury to try the facts charged in the 
 information, and so the same is unconstitu- 
 tional and void.'' .bmies ]\I. N'arnum was 
 counsel for the defendant and made a po^\'er- 
 ful argument in support of the ]ilea to tlie 
 jui'isdiction of the court. The following day, 
 Sejitendier '1^\. 178(). the court ordereil judg- 
 ment foi' the defendant in these words: "The 
 said comjihunt does not come under the crig- 
 nizance of the justices here present, and that 
 the same lie and is hereby disinissed." 
 
 Xo written o}iinions were filed, luit all the 
 judges exce]it the (Jiief justice delivered ural 
 ojiinions. stating the retisons for their judg- 
 njenf. -ludges Howell, Da N'ol and Tillinghast 
 held till.-' statute unconstitutional and therefore 
 inca[ialile uf conferring jurisdictiiin upon the 
 ciiurt. i.diiefly upon the gmund that a jurv 
 ti'ial was not allowed. .Indge Mazai-il \-oteil 
 in fi\-ni' (if dismissing the tiction. and ('hief 
 
 opinion in the court in Merrill v. Sherburne .states 
 on page 216 that the decisions had been contra- 
 dictory. See also Life of Plumer, p, 179; 
 '■ Development of the Courts of N. H.,"bv A. S. Batch- 
 ellor. in 4 New England States, p. £;;lll.5. 
 
THE JUDICIAL SYSTliM OF NEW ENGLANJ). 
 
 47 
 
 Justice ^lumfovd aiiiiouiiccd llic iudniiiciit 
 W'itliout stating his nnisons. 
 
 This decision astonished the h'gishdure and 
 created great excitement in tlie State. As 
 soon as the Gent'ral Assenihly met in ( )etuhei', 
 17S(), it ordered the Judges to a[)]n'ai' and gi\H' 
 tlieir reasons for such unheard of eon(hict. 
 The iireanil^le to the resohitions states that a 
 judgment of a e(;)urt declaring an Aet <if the 
 Su[n-emc Legishiture to l)c uuedustitutiimal 
 ami alisolutely void, " is unprecedented in this 
 State, and may tend directly to aholish the 
 legislative authority thereof." .lustii-es Ila/.- 
 anh Tillingliast and Howell aiijiearcd hefore 
 the legislature, and ai'gued in dctcui'e of the 
 judgment at great length — .ludge Howell 
 occupying upward of six hours. The Asscm- 
 lily voteil that it was not satisfied with the 
 reasons given l>y the judges, and it was muveil 
 that they be dismissed fromottice. Thismotion 
 was not passed ; Ijut at the following annual 
 election of the judges hy the Asseiuhly, all the 
 judges except Chief .Justice Mumfoi-d failed to 
 be I'e-elected. That the decision iiiaile con- 
 sideralile impression in the legislaf ui'c, how- 
 ever, is evidenceil fiy the la<-t that the statute 
 under wliich the action was lu-ought was 
 repealed in I)ecember, 17>^'J.' 
 
 In Maine, tlie hi'st decisidu deelai-iiig a stat- 
 ute unconstitutional seiaiis to ha\e Ikmmi the 
 case of l'i-0|irietors of the K'eiinebee I'nrehase 
 Maine. \- haborei', '1 ( ii'eiai lea 1, 27-). 
 
 decided in \^-l-\. ivlafiiig to the statute of ISjIl. 
 chaptei- ()-!, section <i. In is-.:!.") aiiolliei' statute 
 was held unconstitutional in the case ot Lewis 
 V. Webb, ;; (h'ciaileaf ■■Vl^\. 
 
 Commonwealth v. (atoii. J Call (\'a.), •'), 
 
 ' The ctiief sources of information upon Trevett v. 
 Weeden are a pamphlet by James W. Varniim, 
 entitled " The Case <>f 'IVevett v. Weeden " (Prov- 
 idence, 1787) ; 
 Judicial History of Rhode Island, by Thomas Durfee 
 
 was decided I ly thi' ( 'ouiJ of Appt'als of \'iigiiMa 
 in NoN'ember, 17S2. With the [lossiblc excep- 
 tion (jf the New -Jersey case of 
 Holmes \. Walton, this case of Section 38. 
 
 ( 'atoll seems to be the fii'st case ^^""^y ^""^^^ 
 
 and 
 in which the constitutional va- Opinions 
 
 liditv <if a statute was .lues- outside of 
 
 New 
 tioued by th(i judges. The case England. 
 
 iu\'ol\'ed the ti'eas<iii law of Virginia. 
 
 177(1, uniler which ( aton and 
 
 Hopkins and Lamli had beiai con\"icled of 
 
 treason, Tlie Houst' of I.)elegates on .June J S, 
 
 J7S'.:!, granted thein a pardon by a I'esolutioii, 
 
 and sent it to the Senate for concurrence; but 
 
 th<' Senate refused to concur, 'idie prisonei'S 
 
 pleaded this [lai'ilon in defence, and the ipies- 
 
 tion was, liad the House of Helegates, without 
 
 the concurrence of the Senide, the {)ower to 
 
 grant a [lai'don. The ('oui't of Appeals, which 
 
 upon this Occasion consisted of Pendleton, 
 
 Wythe and JMaii-, judges of the High ('oui't of 
 
 ( 'hancery ; ( 'airington, Handridge, Lyons and 
 
 Mercer, judges of the ( ieneral Court : and Cary, 
 
 one of the judges of the ('ourt of .Vdmiralty, 
 
 hi'ld unanimously that the House of Hidegates 
 
 alone had no such power, and that the panlon 
 
 was in\alid. The court also held that the 
 
 trt.^ason law of J77<i, wdiicli took from the t'x- 
 
 ecuti\-e the powei' of pardoning in cases of 
 
 treason and c(jid'ei'red it upon the (ienei'al As- 
 
 sianbly, was constitutional. No statute was 
 
 ladd unconstitutional. 
 
 The onlv o[)ini(.>ns wdiicli arc i'e]iortcd are 
 
 those of I'l-esidcnt I'endleton ami .ludge Wythe, 
 
 though the Icai'iicil reportei' states on page liO 
 
 that ■• ( 'haiicclloi- Llair and the I'cst of tlu' 
 
 judges wei'c of the opinion that (he ('oui't hail 
 
 in 4 New England States, pp. 2;iS2-'33SIJ; McMas- 
 ter's History of People of L'. .S., vol. 1, pp. 337-339; 
 Arnold's Hist. R. I., vol. II, eh. 41 ; 10 R. I. Colo- 
 nial Records, pp. 219, 220; 2 Chandler's Crim. 
 Trials, 209. 
 
48 
 
 THE irniClARY AXD THE BAR OF NEW ENGLAND. 
 
 power til (Ifclare iiny resolution or act ot the 
 legislature or of either hraneh of it, to he un- 
 constitutional and void" ; and in a note writ- 
 ten many years after the decision, prohalil\' in 
 1 .S'27, the reporter states; "It is said that tins 
 is the first casein tlu' L'nited States where the 
 (piestion I'elative to the nullity of an uncon- 
 stitutional law was ever discussed hefore a 
 judicial trihunal ; and the hrnniess of tlu' 
 judges (particularly of Mr. Wythe) was highly 
 lionoi'ahle tothein, and will always he applauded, 
 as having incidentally fixed a })recedent, where- 
 on u general practice, which the peojile uf this 
 country think essential to tlieir riglits ami lili- 
 erty, has heen estahlished." Tages "JO, "1\ . 
 
 Judge Wythe, after stating that in liis opin- 
 ion the court had the power to decide that the 
 Mouse of Delegates had no authority, without 
 the concurrence of the Senate, to grant this 
 pardon, adds on })age IS : " Nay rnoie, if the 
 wdiole legislature, an ex'cnt to he deprecated, 
 should attenijit to ovi'rlap the l)0unds presci'ihed 
 to them hy the people, I, in administering the 
 jiuhlic jirstice of the cc)untry, will meet the 
 united powers at my seat in this trihunah and 
 pointing to the constitutiou. w ill say to them, 
 liere istlie limit of your authority; and hither 
 shall you go, hut no further." 
 
 President I'endletim, howexer, ex])ressed 
 grave doubts upon the (|uestioii. lie agieed 
 that the ( 'onstitution "must he considered as a 
 rule obligatory upon evi-ry di'partment." upon 
 the legislative as \A'ell as u])on the e.\ecuti\'e 
 and judii'ial ile])artments, and then remai'ks : 
 " But how far this (.'ourt, in whitdi thejudiciary 
 powers may in some sort be said to he cont-en- 
 tratt'd, shall have power to ileclare the nullity 
 of a law }>assed in its forms by tiie legislati\'e 
 powi-r, without exercising the powt'r of that 
 branch, contrary to the plain terms of that 
 
 ('onstitution [which expressly declared that 
 each de])artment should he ke})t separate and 
 distinct from the others], is indeed a deeji, im- 
 portant and 1 will adil a tremendous (piestion, 
 the decision of which might involve const'- 
 (|uences to whit-li gentlemen may not have 
 extended their ideas." Page 17. 
 
 Tn ITJ)") the (lenei'al ('ourt of X'irginia, for 
 the first time in the juilicial history of the 
 State, (k'clared a statute unconstitutional, in 
 the case of Kamper v. .Hawkins, 1 \'a. Cases, 
 (iO. • 
 
 ISayard v. Singleton, 1 Martin (N. C). 4.S, 
 was twice argued before the Sui)e]-ior Court of 
 North Carolina, at the Ma}' tenn of ITSII and 
 at the May term of l7cS7, and North 
 was finally decide<l at the No- Carolina. 
 \-ember term of 17.S7, l>y .ludges Ashe, Spencer 
 and Williams. It was an action of ejectment 
 to reco\'er land in the town of Xewbern, North 
 Carolina, and in\'ol\'eil the \'alidity of the stat- 
 ute of 17.S-") of North (.'arolina. relating to con- 
 fiscated })roperty. This statute jirovided 
 that all suits brought by persons wliose 
 pro])erty had been confiscated by the State, 
 should be dismissed by the court, if the 
 ilefendant filed an atfidavit that he hehl 
 the pro})erty in dispute under a sale from a 
 connnissioner of forfeited estates. The defend- 
 ant in this case filed an affidavit to this effect, 
 and moved tlie court to dismiss the action. 
 The court held this motion under consideration 
 for al)out a year, an<l at the May term of 17S7, 
 " the Couil recommended to the parties to con- 
 sent to a fair decision of the propertv in ques- 
 tion b\- a jury, acconling to the common law 
 of the land, and pointed out to the defendant 
 the uncertainty that would always attend his 
 title, if this case should be disnnssed without 
 a trial." (Report, }>. 44 of the second edition 
 
THE JUDICIAL SYSTEM OE NEW ENGLAND. 
 
 49 
 
 of Win. II. liattle, 1S4;',.) The (Irfeiiduut, 
 lidWC'Ver, insisted upon liis motion to dismiss, 
 an<l the Court with " ^reat rehictanee " over- 
 ruled his motion, and ordi-red the action to 
 stand for trial hy a jury. Tlie ( 'ourt held that 
 the statute was uneonstitutional for the reason 
 that it did not allow the tatizen a trial by jury, 
 or in fact any trial, and stated that "iftlie 
 legislature could take away this right and re- 
 quire him to stand condemned in his property 
 without a trial, it might with as much author- 
 ity reijuire his life to l)e taken away without a 
 trial by jury, and that he should stand con- 
 demned to die, witliout the formality of any 
 trial at all." (Page 45 of second edition, 1 S4;*,.) 
 Idle case was subse<|Uently tried liy a jury, who 
 found a verdict for the defendant, upon whiidi 
 twenty-sc\'en other similar cases were \-ohin- 
 tarily nonsuited 1>\' tlie plaintiffs. 
 
 Ibilmes \-. Walton in the Saj>reme ('ourt of 
 New .Ierse\', was decided at an early date, ap- 
 pareiitlv in September, 17^1), as I'resideiit 
 New Srott of Uutgel'S College main- 
 
 Jersey, tains.i It i-elated to the "seizure 
 
 Laws." and the legislature had enacted thid. the 
 trial for siudi ofH/uces should lie hy a jui-y of 
 six men, instead of twehi'. '■ I'pon sideiiin 
 argument," as .ludge Kirkpatri<;k informs us 
 in State v. Parkhurst, 4 Ilalst (X. J.), 4-^7, 444, 
 the act "was a<ljudgeil to !><■ unconstitutional, 
 and in that case inoperatis'e. And u|ion this 
 dei/ision the act, oi-at least that |)artof it wliii-h 
 relates to the six men jur\-, was ivpealed, and 
 a constitutional jury of tw(d\-e men substituted 
 in its place." The judges who sat in this case 
 were Chief Justice Hrearlcy and .Justices Smith 
 ami Sy mines. 
 
 Tavlor v. Reading, cited hy .Judge Kii'k- 
 patrick in State \-. I'arkhurst. 4 llalst (X. .1.), 
 427 at 444, was decided in 1 7!)-') or 1 7!l(; by the 
 ' Am. Hist. Assoc. Papers, II, 40 (1886). 
 
 Coni't of Ei'rors (jf Xew Jersey. In this cast', 
 a .New .Jersey statute passed in .March, 1 79-'), 
 [iro\idiug that ceitain payiiaaits in continental 
 money should be credited as specie, was held to 
 l)e an c.v po^^i jaclo law and miconstitutional, 
 and was therefore disregarded by the ccjurt in 
 dot'iding the case against Reading. 
 
 In .January, 17117, the legislature, bowe\'er, 
 })assed an act for the relief of Reading in another 
 way. - 
 
 I)ow man \ . Miililleton, 1 Hay (S. V.), 'I'rl, 
 was decided by .Judges (irimke and ISay in the 
 Court of ('oiumon Pleas at the May term, 171*2. 
 4"he case in\'<il\'ed, or was sup- South 
 
 posed to involve, the validity Carolina. 
 of an act of assembly passed in 1712, which 
 coniii'iiieil the title of certain jiei'sons to certain 
 land wdiicli, it was(daimed, bad been pre\uously 
 granteil to other persons. Tbd'c were other 
 points in the <-asc w bich do not appear in the 
 repoi't ; but u})0n this point thecourt held that 
 the act of 1712 was x'oid, "as it was against 
 common right, as well as magna charta, to take 
 away the freehold of one man and vest it in 
 another, and that too, to the pixjudice of third 
 pt'i'sons, withfiut any compensation, or e\"eii a 
 trial by the jury of the country, to determiiie 
 the rights in i|ueslioii." Page 2-"')4. 
 
 In JIays V. llaib'y, 1 Const. IJep. (S. C.), 2(17, 
 it was decided by the Constitutional Court of 
 South Carolina in 1S17 that tlie statute of 1.S12 
 limiting the term of oflice of Crdinaries or 
 •Judges of Probate, tu four ycai's was unconsti- 
 tuiional, because the ( lonstitution proN'idcs that 
 jmlges shall bold their oflices during go(]d bc- 
 lia\uoi', and can be i'<'mo\'e(l oidy b\' impeaidi- 
 nient. 
 
 Ali'.vander Ilaiinlton was aljiong the lirst to 
 state the docti'iue in clear and tijrcible tci'ms, 
 and \"ei'V littli' has since been added to the 
 ■■' State V. Parkhurst, 4 Halst (N. J.), 427, 444. 
 
50 
 
 THE /UDICTARY AXD THE BAR OF NEW ENGLAND. 
 
 strength of liis arguiiu'iit. In No. 7S of the 
 F(>(levalist, tiist jmliliehed on ]\hiy 2S. 17.SS, 
 
 Hamilton's IhuniHon siiys : "Some per- 
 Opinion. plexity resiieeting the rights of 
 
 tin' eourts to prououiiee legishitive aets voidjje- 
 eause eoiitraiy to tlie Constitution, has arisen 
 from an imagination tliat the doetrine would 
 inqily a superiority of tlie juiHeiai-y to the K'gis- 
 lative jKiwer. It is urged that tlie authority 
 A\hieli ran deelare the aets of another \-oid, 
 nmst neeessarily he supei'ior to thi' one whose 
 acts may be derlared \'oid. As this doetrini,- is 
 of great importance in all the Aniei'iean Consti- 
 tutions, a hricf discussion of the ground on 
 which it rests cannot he unacceiitahle. 
 
 "There is no jiosition which depends on 
 clearer principles, than that e\'ery act of a del- 
 egated authority, contrary to the tenor of the 
 commission under which it is exercised, is \'oid. 
 No legislative act. therefort', contrary to the 
 Constitution, can he \-alid. To deny this, would 
 he to affirm, that the <leputy isgi'eater than his 
 niastei': that the representati\'es of the people 
 are superior to the jieople themselves: that 
 men acting hy virtue of j)0\\ers, may do not 
 only \\hat theii' jiowers do not authorize, hut 
 what they forhid. 
 
 "If it he said that the legislati\-e l)ody are 
 themseh'es the constitutional juilges of their 
 own powers and that the construt'tion they put 
 \\\io\\ them is conclusive upon the otliei' dejiart- 
 ments, it may he answered that this cannot he 
 the natural prcsumyition, \\here it is not to he 
 collected from any particular pro\'isions in the 
 ( 'onstitution. It is not otherwist' to he sup- 
 jiosed, that the Constitution could intend to 
 enahle the Representatives of the Teople to 
 suhstitute their will totliat of theirconstituiaits. 
 It is far moi'c rational to su})pose, that the 
 c(.)urts \Aere designed to he an interin(.'iliatt' 
 Ijody hetween the People and the legislature, 
 
 in onler, among ofjiei- things, to keep the lat- 
 ter within the limits assigned to their author- 
 ity. The interpretation of the laws is the 
 proper ami peculiar pi'ovince of the courts. A 
 constitution is, in fact, an<l must he regarded 
 hv the judges, as a hmdamental law. It there- 
 fore l.)elongs to them to ascertain its meaning, 
 as well as the meaning of any }>articular act 
 proceeiling from the legislative Ijody. If there 
 shoidd happen to he an in'econcilable variance 
 Vietween the two, that which has the supeiaor 
 ohligation and validity laight, of course, to l)e 
 preferred: or in other words, the Constitution 
 ought to lie preferred to the statute: the inten- 
 tion of the People to the intention of their 
 agents. 
 
 " Xoi- does this conclusion by any means 
 supjiose a suiieriority of the .Imlicial to the 
 Legislatix'c power. It only su[>[>oses that the 
 power of the People is superior to hoth : ami 
 that when the will of the Legislature, declareil 
 in its statutes, stands in op[>osition to that of 
 the Peoph", declared in the Constitution, the 
 judges ought to he governed oy the latter 
 rather than l.iy the former. They ought to 
 regulate their decisions Ijv the fundamental" 
 laws, lather than hy those which are not fun- 
 damental." 
 
 In Calder v. lUill, 3 Dallas, ;5S(;, decided in 
 
 17!ts, the judges of the Supreme Court assumed 
 
 that they possessed the power to disregard a 
 
 State statute when repugnant 
 
 ,, , , , United 
 
 to the federal ( onstitution, states 
 
 hut held that tin' law of Con- Supreme 
 , , . , Court. 
 
 necticut in\'olved m that case 
 
 was not repugnant to that ('onstitution, and 
 therefore aflirmed tlie State judgment. The 
 highest Court of ( 'onnecticut having held that 
 the statute in (]uestion did not contra\"t'ne 
 the State Constitution, the Supreme (.'ourt of 
 the rniteil States was of the opinion that it 
 
THE JUDICIAL SYSTEM OE NEW ENGLAND. 
 
 51 
 
 \\'as hoLiuil to follow this coiistiiU'tioH of tin' 
 State Constitution hy the State Court. 
 
 In 1803 it was ileeided for tin- fn'st time hy 
 the Supreme Court that an Aet of Con,i;ress 
 might l)e disregarded hy tlu' courts, on tlie 
 ground that it was repugnant to the Constitu- 
 tion of the Cnited States. Chief -lustiee 
 Marshall who deli\-eriMl the judgment of the 
 Court upon this (piestion in tin' ease of Mar- 
 l)ury V. Madison. 1 ('raneh, \'-M . distaisscil this 
 power of the judiciary in an O[iinioii which 
 has received the highest connueiidatidu. and 
 is generally recognized as si'ttling the doctrine 
 l)eyond further cnutniXH'rsy. Altlmugh the 
 chief justice adduct'd no new arguuK'nts in 
 su})port of this powci', he restated them in 
 such clear, concisi' and fui'cihle terms as to 
 carry con\"iction. The [loiut decide(l was that 
 Congress had not the power to colder any orig- 
 inal jurisdiction ujion the Supreme ( 'lairt, as 
 such jurisiliction was prescrihed and limite(l 
 \>\ the ('(institution, and that the tliirteeidh 
 section of the judiciary act of ITS*), pui'pnriing 
 to autliorize the (_'(.)urt to issue writs of uian- 
 damus, was therefore inopcrat i\-e and \-oid. 
 
 In (.'oopcr ^•. 'rdfaii-, 4 l>allas, 14, decided 
 hv the Supreme Cnurt of tlie I'nited Slates in 
 IsOtl, Mr. .Justice (diase said on page 1 !) : ■•Al- 
 though it is alleged that all acts of the legisla- 
 ture, in <lirect o[)position to the proliihit ii>iis (if 
 the Consiituti(in, would he \'(iid, \et // xiil^ rc- 
 riiaiii'< a <j)u><tiou ir/inr flic jiiiirer rcaiilr.'i to ih-rlnri: 
 it void." In this case it was decided that the 
 Georgia statute of MX'l. which hanisheil the 
 plaintifl' and others and ciadiscafed llieii' pro[i- 
 erty for high treason, was not I'epugnant to 
 the Constitution of (Georgia. 
 
 Perhaps the stiTingest ai'gumeni against the 
 power of the courts to disi'cgard uuconstitu- 
 
 1 Whittington v. Polk, 1 Harris & Johns (Md.), 236,243; 
 Charlton's (Ga.) Reports, 176; 
 
 tioual statutes is that this [)Ower more pidpei- 
 ly rests with the People in their inds-e 
 
 sovereign cajiacity, who can re- Gibson's 
 
 1 ,\ i 4 I- 1 J i Opinion. 
 
 peal tlie unconstitutaonal stat- 
 ute hy electing new repi'esenlati\'es to the 
 legislature. This argument is well e.vpi'essed 
 hy -rudge (dhson in his dissciding o])iiiion in 
 Eakin v. Pauh, \2 Sar. A' i;.(Pa.), .•!;!() at ;!.")•■). 
 There are, howe\'er, several answers to this 
 argument. (1st) l']\'en wdien the ( 'onstil ulion 
 does not contain an express gi-ant of the power 
 to the judiciary, a repeal of the statute would 
 not alfor(l adeipiate relief hecause of the lapse 
 of time which must occur hefoic the repeal can 
 he effected. (:^d) There are many constitu- 
 tional rights wlii(di cannot he discussed oi- de- 
 cided in elections to the legislature.' (.'!d) An 
 unconstitutional law of one State may iiijuri- 
 caisly affect the rights of citizens of other 
 States, \\\\o cannot \'ote at the elections in the 
 former State. If therefoi'c, tla.' law he ap- 
 proved hy the \'otei's of the foruier State, the 
 citizens of the latter could not ohtain i-edi-ess 
 through the legislature. (4th) The pi-cce(ling 
 reason (^d), ajiplies not oidy to \dolations of 
 the State < 'onstitutions, hut with especial force 
 to State statutes in violation of the Pc(leral 
 ('(institution. For instance, if a State law im- 
 pairs the ohligation of a ccmtract held hy a 
 non-resident of the State, in contra x'cntion of 
 the Pederal ('(institution, the non-resident, not 
 heing a \'otei' in such Slate, has no means of 
 I'eilress, except thi'ough the courts, so long as 
 the voters of that State fiN'Oi' the law. (oth) 
 There are some laws which ai'c uncdnsi itu- 
 tioiial as ap[ilied to crimes eommittcil (ircon- 
 ti-acts made, hefoi'e the passage of the statute, 
 hut are not unconstitutional as applied to sidise- 
 (jU(ait crimes oi' contracts. Thus a State law 
 
 Eakin v. Raub, 12 Sar. & R. (Pa.). 330, 380. 
 
53 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 may be unconstitutirmal as an cr imgl facto law 
 as applied to anteiiiir crimes, and yet valid as 
 applied to posterior crimes. So, likewise the 
 same statute may he unconstitutional as im- 
 pairing tlu' oliligation of contracts as applied 
 to ]irior contracts, ami yet he \-alid as ajiplied 
 to suhsetjuent contracts. In such cases, it is 
 ohvious that a repeal of the statute, oi' even a 
 legislative limitation of it to sulise(]uent cj-imes 
 or contracts, would ha\e to come very ipiickly 
 in ordei- to preserve the constitutional i-ights 
 of the citi/.en. Again, the statute miglit Ije 
 Ijenelicial as to the future and re(juire no re- 
 peal, (litli) A State statute may he miconsti- 
 tutional as ilepriving a pei'son of liis lihei'ty or 
 propei'ty •'without due pi'Ocess of law" as ap- 
 plied to contracts made in other States. ])ut 
 may he valid as aiiplieil to contracts made in 
 the State passing sucli statute.' 
 
 In a letter to the legislature of Pennsyl- 
 \'ania, ( lou\'erneur Morris wrote in ITSo: ■■In 
 New -Jersey the judges pronounced a law un- 
 
 f. coirstitutional and void. Sure- 
 
 Qouverneur 
 
 riorris's ly no good citizcji can wish t<] 
 
 View. 
 
 see this point decided in the 
 
 trihunals of I'ennsyh^ania. Such [)Ower in 
 judges is dangerous, liut unless it souiewdiere 
 exists, the time emjiloyed in frannng a liill of 
 rights and form of goverinnent was meiely 
 thmwn away." - 
 
 III. CAUSES WHICH LED TO THE GENERAL 
 ADOPTION OF THIS POWER. 
 
 'Jdie chief causes which led to the general 
 adoptiim f>f the view that the courts slinuld 
 possess the power to disreganl unconstituti(.)naI 
 statutes seem to Ix.' (1st) the necessity felt at 
 the time of the ado[ition of the ( 'onstitution 
 of the I'nited States of conferring upon some 
 
 ' Allgeyer v. I^ouisiana, 165 U. S. 578; 
 Hooper v. California, 155 U. S. 648. 
 
 tribunal the power to settle in a peaceful 
 
 manner eases invoKing conflicts hetween the 
 
 States on the out- haml and the United States 
 
 on the other hand: (:2d) the 
 
 Section 39. 
 
 estahlishment of the judiciary Four 
 
 as an indejiendent and co-or- Principal 
 ,. , ... Causes. 
 
 dniate depai'tment ot the gov- 
 ernment, especially the I'ederal judiciary inde- 
 pendent of the States: (;id) thi' need ol' giv'ing 
 some tribunal the power to protect the funda- 
 mental rights of the individual guaranteed by 
 the ('onstitution: and (4th) the s})read of the 
 idea or belief that a constitution is a higher 
 law than a statute. 
 
 That the exigencies of our dual form of gov- 
 ernment was (jue (if the [jrincipal causes foi^ 
 the extention of this ilocti^ine seerns clear. 
 
 l>y the Constitution of the United States the 
 powers of sovei'eignty were apportioned l>e- 
 tween the States and the United States. (Cer- 
 tain powei^s of legislation were expressly con- 
 feri^e(l upon Congress and expi^essly denieil to 
 the State legislatui^es. Congi^ess. for instance, 
 was gi\-en power to ci>in money and to regu- 
 late interstate and foreign conniierce, while 
 the State legislatures were jirohibited fro)n 
 issuing Vjills of cre(lit, and frmu passing any 
 bill of attainder, ex jmst fudo \d\\\ or law im- 
 pairing the iibligation of cuntj'acts. If the 
 States committed any nf these prohibited acts, 
 how was the authority of ( 'ongress to be en- 
 forct'il or the constitutional right (if the indi- 
 vidual to be protected'.^ Should the general 
 goN^ernment fie given a direct negative or \-eto 
 updu State legislation'.'' This cjuestion was 
 mu(.'h discussed in the (^'institutional ('on\'en- 
 tion of 17S7. and it was finally decided tliat 
 the courts, especially the Federal ( 'ourts. were 
 the best ti^ibunals t(i settle these delicate (jues- 
 ' Sparks's Life of Morris, Vol. Ill, p. 47. 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 
 
 tions as they arose: to |)reser\-e tlie eoustitu- 
 tioiial distrihution ofso\-ereigii powers between 
 tlie States ami the Tiiited States, and to pio- 
 teet the eonstitutioual riii'hts of the iiidiviihiaL 
 
 Alexander Haniiltoii was a nienilier of the 
 Constitutional Convention of 17S7, and in 
 Nundier SO of the Federalist, puhlished in 
 17SS, he says upon this snhjeet ; 
 
 "Tliere ouydit always tn lie a eonstitut imial 
 method of i;i\ing etfieaey to eonstitutimial 
 provisions, ^\'llat for instance would a\'ail re- 
 strictions on the autlioi'ity of the State legisla- 
 tures, without some eonstitutinnal UKide of en- 
 forcing the oliservance of them? The States hy 
 the plan of tlie ( 'onstitution are proliil)ite(l 
 from doing a variety of tilings : some of wliieli 
 are incomjiatihle with the interests of the 
 
 Union, and others \\\\\\ the [n-inciplcs of g 1 
 
 government. The imposition of duties on im- 
 ported articles, and tlie emission of paper 
 money, are sjiecimens of eacdi kind. No man 
 of sense will helie\'e tliat suidi prohihitions 
 wonltl l)e scru[)ulously regardiMJ, without some 
 effectual po\\\-')' in tlie go\'eirimcnt to restrain 
 or correct the infraction of them. This power 
 must either he a direct iiegal i\'c on tlic State 
 laws, or an autlir>rity in the l"edei-al ('ouits to 
 ON'errule sucli as might lie in manifest contra- 
 vention of tlie A)ti(des of riiioii. ddiei'e is no 
 tliinl course tliat 1 can imagine. The latter 
 ap}iears to ha\-e heen thought hy the ('on\-en- 
 tion [ireferalile to tlie foi-mei', and, I pi'csuiiic, 
 wdll he most agreealjle to tlie States." 
 
 Marshall declared in the \'iiginia Conven- 
 tion of 17S.S that "If they [Congivss] \\-eiv to 
 make a law not warranted hy any of the [)ow- 
 ers enumerated, it would he considered hy the 
 judges as an infiingement of the Constitution 
 wdiich they are to guard. They would not 
 
 1 3 Elliot's Debate.s (2d ed. 183(i), p. 553. 
 •' 3 Elliot's Debates (2d ed.), p. 325. 
 
 consider such a law as coming nndei' their 
 jui-isdiction. They would de(.-lare it \'oi<l." ' 
 111 l.sd.'i, as chief justice of the I'nited States, 
 iMarshall ludd an Act of ('oiigress unconstitu- 
 tional which attemped to confer jurisdiction 
 upon the Supreme Court, and I'cfused to take 
 jurisdiction under the Act, in the leading ease 
 of Maihury w Madison, 1 (Vaiicli, l-')7. 
 
 Patrick Henry also expresses the opinion that 
 the courts jiossessed this power umha' the Fed- 
 eral ( 'onstiiutii.in.'- 
 
 I'rior to the ad(.iption of the (.'onstitution of 
 tlu' United States tliei'e was no ('onstitution 
 w liicli in clear tei'ins conferred upon the judi- 
 cial department the power to disregard acts of 
 of the legislative department. Tln' Articles 
 of ( 'onfedtTation contained no such pi-o\usion; 
 and the State ('(institutions wei'c eijually lack- 
 ing in this particular. The second <dause of 
 the sixth article of the United States ('(institu- 
 tion, however, declares that "This Constitu- 
 tion . . . shall he the supreme law of the 
 land; and the judges in e\'ery State shall he 
 hound tliereliy. anything in the laws or consti- 
 tution of any State to the contrary notwith- 
 standing." T1h> [ihraseology of this clause, as 
 well as tlie deliates in the Fedei'al ( 'onx'entirai 
 and in the State Conventions, and the articles 
 in the Federalist show clearly that the inttaition 
 was to authorize the ('ourts to disregard State 
 laws when they were contrary to the Feilera! 
 Constitution. The chief ohject was to restrict 
 the legislative power of the States.'' Instead 
 of gi\'ing the Federal g(i\'ernment a dii'ect 
 negati\'e or \'eto upon State legislation, as 
 was jiroposed in tlie P^'ileral ( 'oiu'cntion, a. 
 Federal Supreme ('ourt was estalilished with 
 power to refuse to enttn'ce a State law wdien in 
 the (.'oui't's opinion it was contrary to the I<\'(|- 
 
 ■■ Calder v. Bull, 3 Dallas, 380. 
 
54 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 eral t'mistitution. In tliis way the (lan.!j;er of 
 coiiHiets of jurisdiction l)et\\'eeii tlie neiuTal 
 goveriiinent and the State gdvernnients was 
 greatly lessene(L A propdsed State \;\\\ was 
 not assailed or (juestioned Ijy the general gov- 
 ernment hefore its passage, wdieii local feeling 
 might be strong an<l the State legislature in 
 session. Its validity might not ])e denied in a 
 judicial proceeding until years after its pas- 
 sage, and if the statute were declare(l uncon- 
 stitutiftnal, it would not seem to he an attack 
 ui)on the State legislaturt', ])ut a vindication 
 of the constitutional liglits of an individual 
 suitor then in coui't, 
 
 This clause ^\'as an express grant of power 
 to the judges of the State Courts, as wtdl as of 
 the Federal ('ourts, tf> disregard State statutes 
 when in conflict with the l'\^d(a'al Constitution. 
 It was upon this idause that Judge (iilisim, 
 afterwards chief justice of Pemisylvania,, hased 
 his opinion in l<S2a that the judiciai'v w<is not 
 hound to enfort'C a statute which the Court 
 cftnsidered contrarv to the l'\'d{a'al Constitu- 
 
 tion,' because that instrument contained an 
 express grant of jiower to the Courts to disre- 
 gard unconstitutional laws. \\'ith res})ect to 
 the State Constitutions, however, ^\liicli con- 
 tained no such express grant of [)0wer, Judge 
 Gibson held that the Courts were bound to 
 gi\'e effect to a statute, though they considered 
 it unconstitutional : and that the remedy rested 
 with the people " to correct abuses in legisla- 
 tion, by insti'ucting theii- representatives to re- 
 peal the obnoxious act." - Twenty years later, 
 however, in l«4o, in view of the fact that the 
 Pennsylvania Constitution of 1S.")<S was silent 
 U[i(in the (juestion of the exercise of this powci' 
 l)y the C()urts, and had thereby " sanctioned 
 the pretensions of the (Jourts to deal freely 
 with the acts of the k'gislature, and from ex- 
 perience of the necessity of the case," Judge 
 (libson modified his former view of 1825, and 
 agreed that the courts ha<l the i)0wer to disre- 
 gard the statutt'S which were contrary to the 
 State ( 'onstitution, as well as those contrary 
 to the Federal Constitution.' 
 
 1 Eakin v. Raub, 12 S. & R. (Pa.), 330 at 35G, 357, per 
 
 Gibson, J., dissenting (182.5). 
 "■ Eakin v. Raub, 12 S. & R. (Pa.) 330 at 355. per Gibson, 
 J., dissenting (1825). Judge Gibson's opinion in this 
 case contains a very able discussion of this question, 
 extracts from which are here reproduced. 
 
 " It seems to me there is a plain difference, here- 
 tofore unnoticed, between acts that are repugnant 
 to the Constitution of the particular State and acts 
 that are repugnant to the Constitution of the United 
 States ; my opinion being that the judiciary is bound 
 to execute the former, but not the latter. ... I 
 am aware, that a right to declare all unconstitutional 
 acts void, without distinction as to either Constitu- 
 tion, is generally held as a professional dogma; but, 
 I apprehend, rather as a matter of faith than of rea- 
 son." P. 345. 
 
 Power rests with the people, not with the Courts, 
 "to correct abuses in legislation, by instructing 
 their representatives to repeal the obnoxious act." 
 P. 355. 
 
 "But in regard to an act of assembly, which is 
 found to be in collision with the Constitution, laws, 
 or treaties of the United States, I take the duty of 
 the judiciary to be exactly the reverse. By becom- 
 
 ing parties to the Federal Constitution, the States 
 have agreed to several limitations of their individual 
 sovereignty, to enforce which, it was thought abso- 
 lutely necessary to prevent them from giving effect 
 to laws in violation of those limitations, through the 
 instrumentality of their own judges. Accordingly, 
 it is declared in the fifth article and second section 
 of the Federal Constitution, that 'This Constitution 
 and the laws of the United States which shall be 
 made in pursuance thereof, and all treaties made, or 
 which shall be made under the authority of the 
 United States, shall be the supreinc\scsN of the land , 
 and the jrnlgfs in every State shall be bound there- 
 by ; anything in the laws or Constitution of any 
 State to the contrary notwithstanding.' 
 
 " This is an express grant of a political power, and 
 it is conclusive to show that no law of inferior obli- 
 gation, as every State law must necessarily be, can 
 be executed at the expense of the Constitution, laws 
 or treaties of the United States," P. 356. 
 
 " This, therefore, is an express grant of the power, 
 and would be sufficient for the purposes of the argu- 
 ment; but it is not all." P. 357. 
 Morris v. Clyraer, 3 Pa. St., 281 (1845). 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 
 
 55 
 
 It was not until after the Cunstitul ional 
 
 (.'onvention of 17S7 tliat it was L;('uerall\' rce- 
 
 otiuizeil tliat the only t'tfeetual means of pro- 
 
 teetiuij' the riirhts of tln' imli- 
 Section 40. 
 
 Same vidual from uneonstitutioiial 
 
 Subject legislation was hv allowiniJ,' the 
 
 Continued. 
 
 Courts to (lisi'e,!4'ar(l sueh les^'is- 
 
 lation in passing' upon the riu'hts of litigants. 
 Tlie (lel>ates in tlu' Federal ('on\-ention of 
 17S7 ami the argunuaits of Alexander Haiiiil- 
 ton, Madison and others in the Fe(leralist in 
 17S7 and 17SS, ami of Marshall an<l I'atriek 
 Henrv in the A'iri;inia ( 'on\n'ntion, tende(l 
 stronii'ly to estahlish the helicf in the nniids 
 of the people that this power should 1».' ex- 
 ereised by the (_'ourts, and that the le,ij,isla- 
 ture should not he the final .judye of the eou- 
 stitutional ri^nhts of the pri\-ate citizen. As 
 Hamilton stated in No. SO of the Federalist, 
 one ohjeet in estahlishing l'\'deral ( 'ourts was 
 to ereate a triliunal with powei' t(j ij\'ei'rule 
 sueh State laws as might he in manifest con- 
 travention of the ( 'oustitulion. 
 
 ^\'hen the power i:if the ('ourts to disregard 
 statutes wduch were repugnant to the Consti- 
 tution of the United States was genei-ally rec- 
 oyuized, it hecame an easy step in the jirogress 
 of the doctrine for the Courts to exercise a like 
 powei' with respect to State statutes which 
 were repugnant to the State Constitution. 
 The mere ac(juie.scenee of the peojde in the 
 exei'cise of the power in the forujei' case was a 
 strong argument in favoi- of the existence of 
 the power in the latter ca.se. In the mean- 
 time, too, many of the States had a<'cepted the 
 doctrine of the supremacy of the Constitution, 
 and had established an independent judiciaiT 
 as a co-ordinate dei)artmeut of the go\ern- 
 ment, and hail expressly prohibited the k^gis- 
 lature froiri exercising judicial functions. 
 
 These views are also supjjorted by the o[)in- 
 
 ioii of .ludge Daniel ('hipmau of \'(.'i'mont. In 
 the j'refaee to the lirst \'()lume of his Nei'inont 
 Repoi'ts written in the year l.S"24, aftt'i' meii- 
 lioniugsome legislal i\'e encroachments upon 
 the powei- of the judiciai'y, amoug which were 
 the setting aside of judgments I'cndei'cd by the 
 courts, .ludge ('hi])man states on page 2A : 
 "This was in the yeai- 17^(1 liefoi'e the adop- 
 tion of the (Constitution of the FnitcMl States, 
 and hcforc it //v/.s asrrrl(tinc<l that in a Republi- 
 can ( io\'ernmeid, to secui'C the people in the 
 full enjoymeut of their ci\'il rights it. is indis- 
 pensable that thi' power of the legislature be 
 linntcil, and that jiractically they cannot lie 
 limited but by au iudepemlent judiciary, with- 
 out which, declai'ations of rights and limita- 
 tions of [lower become a dead letter." ( )n 
 pages '2't. L'(i and "27 of this i'l'eface, .Judge 
 ('hijimau adds: "And long after tln' jieriod to 
 which we ha\'e alluded, the doctl'ine that the 
 ( 'onstitntiou is the supreme law of the laud, 
 and that the judiciary ha\'e authoi'if)' to set 
 aside and pron<unice \'oid all acts of the legis- 
 lature re[iugnant thei'cto was considered anti- 
 reiiublicau. If it be so, it is because it main- 
 tains the autboi'ity of the master over the ser- 
 \'ant and the authority of the [leojik" o\'er the 
 legislature. It has become a self-evident propo- 
 sition that the people ha\'e a right to estaljlish 
 such form of goN'ennnent as they jiilease; yet it 
 will be but a mere form, uidess the }io\ver of the 
 legislature be limited : and no other method has 
 been <levised, and pi'obably none other can be 
 dcN'ised, to render su(d I Hunt at ion effectual than 
 that (if estalilishing an indeptaident judiciary. 
 Iv\perieiice has shown that tlu' re[>resentati\'es 
 of the |ieople in tke legislature, with unlimiteil 
 [(owei's, foi'iu a body dangerous to the liberties 
 of till.' people. . . l)Ut the increasing 
 
 light of science and experience, since the ('on- 
 stitntiou of the United States was adopted. 
 
56 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 lia\'u ron<lciv(l tho [irincipK' faiiiiliiu- that a 
 coustitvition of g'ovcniment estaljlislii'd ))y tlic 
 people, is the su}irenie \a\\ of the hind." 
 
 It is true that prior to tlie Constitutional 
 Convention of 17S7 two or tln-ee State Courts 
 hud exercised this [>o\\-er in very extreme 
 cases; l)ut the prevailing view jirior to 17<S7 
 \\'as contrai'v to the existence of this power in 
 the judiciai'v, and nearly every exercise ot tin' 
 power met with strong oi)])Osition, or vigorous 
 protest. (See Sections .')7, 3.S). 
 
 In Trevett \. A\'eeden, decided hy the Supe- 
 rior Court of liliode Island in Septeml^er, 17<S(i, 
 it was held that a statute which made no pro- 
 vision for trial Ijy jury of a <jid fain action to 
 recover a ])enalty for refusal to accej)t paper 
 money in [)ayment of goods sold, was contrary 
 to the Charter of IGG.'i, which \\as tlien serv- 
 ing as the Constitution of the State. Shortly 
 afterwards, the judges who had taken pai't in 
 this decision were summoned to app)ear hefore 
 the legislature to ex])lain their conduct, and 
 nanTj\\-|y escaped ini])eachment : at the follo\\"- 
 ing annual election hy the legislature, all the 
 judges faileil of re-ek'ction, exci'pt the cliief 
 justice, and he had not e.xpresseil any opinion 
 ujion the constitutionality of the statute, fuit 
 had merely announced the judgment <if the 
 court, disiinssing the action. 
 
 In Uufgers v. Waddington, <lecided hy the 
 Mayor's ( 'ourt of New Ynrk in 17S4, it was 
 held that a statute of New York ^\d^cll pi'ovid- 
 ed that military orders from liritish authoi'ities 
 foi' tlie occu)iation of houses dui'ing the l;e\'<i- 
 tion should he no delvnce to an action Ijy the 
 ownei' against the occupant, was coutrai'v i(i 
 tlu' treaty of peace hetween (li'eal ISritain and 
 
 I 7 Works of Hamilton, pp. 197-199, by J C. Hamilton; 
 
 5 ibid, 116. 
 - Dawson's edition of Rutgers v. Waddington, Historical 
 
 Introduction, p. 38 (1860). 
 ■■ McMaster's Hist. People U. S., Vol. I, pp. 319, 220; 
 
 the United States. But Alexander Hamilton, 
 who was counst'l foi'the successful British suh- 
 ject who was defendant in this action, stated 
 sul)se(piently that the action was compromised 
 under his advice, for the reason that the gen- 
 eral opinion of the har was that the Su])reme 
 (.'oui't was of the conti'ai'y opinion, and that 
 he feart'd a re\'ersal of the judgment of the 
 ;Mayoi's Court.' The Whigs of the State 
 called a ])uhlic meeting to protest against this 
 decision of the Mayor's ('ourt, and issued a 
 stirring address to the ])eople of the State, 
 in which they declared that "such powers 
 in courts would he (lestructi\'e of liherty, 
 and remoN'e all secui'ity of pro|)ei'ty," - tind 
 that a p(.'rse\'erance in such an ohnoxious 
 ])rinci]>le would lea\-c nothing to the legisla- 
 ture l(ut a name, and make a legislati\'e ses- 
 sion niithing hut an expense,'' 
 
 As late as 1.S07 and ISd.S . Judges Tod and 
 Pease of the Supi-eme ('ourt nf ()hio wei-<' im- 
 ])eaclied hy the ()hio legislalui'c foi' holding a 
 statute unconstitutional, hut after a trial hist- 
 ing scN'cral days, wei'c acipiif teil,' 
 
 Notwithstanding the few early cases to the 
 ccfutrary, it seerns safe to altirm that this power 
 in the judiciary would not ha\'e heeii general- 
 ly ado[ited in America if the pc<.)i)K' had not 
 formed a National go\ernment and united un- 
 der the Constitution ot the I'liited States, 
 which created a Fedei'al judiciary indejiendent 
 of the States with powei- to disregard State 
 statutes when repugnant to the (.'onstitution. 
 
 Professor James P>, Thayer, of the Mar\-ard 
 Law School, attrihuti's our adoption of this doc- 
 trim.' largidy to our [)olitical e.\[iei'ience hefore 
 the PcN'olution — as heing ('oloinsts gON'erned 
 
 New York Packet (Newspaper), Nov. 4, 1784. 
 ' Cooley's Const. Lim, (4th ed,), ch YU. p, 196, note; 
 1 Chase's Statutes Ohio, Preface, pp, 38-40. 
 Western Law Monthly, vol. V, p. 3, June, 1863, and 
 August number of same, 1863. 
 
THE JUDICIAL SYSTIIM OF NEW ENGLAND. 57 
 
 under written eliarters of f;(iV(M'iiiii(' lit ])i'(ic('e<l- judiciary was ( 'liief Justice Maisliall. In 1 SOG 
 ing fron^ the Britisli Crown. He adds: "TIk' in deli\'eriiiL;' tlie Couit's ojiiiiidii in Mai'lany 
 terms and limitations of these idiarters, so \. AFadison, 1 ('ranch, l.'STat 170, lie said: 
 many written Constitutidiis, wx're enf(irce(l hy "ddie }iro\-iiice of the ( 'ourt is, solely, to de- 
 various means — hy forfeiturt' of the charter, eid(,' on the rights of indi\'iduals, not to iii- 
 hy xVet of Parliaivient, hy the diix'ct annulling' i|nire how the executive, or executi\'e ollieers, 
 (_if legislation by the Crown, hy judicial pro- perform duties in which they have a discretion, 
 ceediufi's and an ultimate a)i|n'al to the l'ri\y (Questions in their nature; political, or w lii(di 
 Council." ' (Jn the other hand, .lud^c Simeon are, h\' the ( 'oust i tut ion and laws, siiljmilteil to 
 E. ]>aldwin of ('onnecticut states that hefore the executivt", can nex'cr he made in this 
 the Revolution " Enu'lisli prcceilents had made ('ourt." Again on pag'c 1(17: "The powei' of 
 our ancestors familiar with the omiii[iotence of nominating to the Senate', and the powei' of 
 Parliament, and some of our Colonial asstau- appointing the person nominated, ait' [lolitical 
 hlies were deemed to have powers hardly less jiowers, to he exercised hy the president ac- 
 great, so long as they diil not contrax'cne the cording to his own discretion." The (|uestion, 
 laws of the mother country or the allegiance « hetlier or n((t a [imposed law shall he passed 
 due to tile British ("niwu."- h)- the legislature, or signed hy tln' t'xecutive, 
 
 is a }iolitical <|Uestion, and thert'fore the('ourt.s 
 
 IV. LIMITATIONS OF THIS POWER. ^^^,„,,,^ ^,,,j^,^„ Von^,^ or the State legislature 
 
 It is a well estahlished (|nalitication of the fi'um passing a statute, nor restrain the presi- 
 
 power of the judiciary to disn'gard unconstitu- dent or governor from signing it, even if it he 
 
 tional legislation, that when the ipiestion in- unconstitutional. The legislature and the ex- 
 
 volved is i.olitical in its nature, ecutive have the right to decide tlu'se (|ues- 
 Section 41. ' 
 
 Political tlu' courts are hound hy the ac- tiiais 111 the first instance on their own re- 
 Questions, tion of till' political department siionsifiility, unti'ammeled hy the opinion of 
 of the government, and must recogni/.e and the Courts. They are responsihle only to the 
 enforce the law. notwithstanding they con- people for any abuse of authority in these re- 
 sider It repugnant to the Constituticai. This spects. It is true that in Massachusetts, Nt 
 
 rule depends u[)on the essential nature of the Hampshire, Alanie, hhode Island and a few 
 
 judiciary, and is necessary to preser\-e the in- other States, the governor and legislature may, 
 
 deiiendeiice of the co-ordinate departments of if they choose, olitain advice h-om tlu' judges 
 
 ooverninent. The contrary rule would lead of the highest State Court in the form of an 
 
 to the absorption of all power hy the Courts, o[iiiiion upon political or <piasi political ques- 
 
 aiid the extinction or degradatif)ii of the execu- tions; lait sucli opinions are not binding or 
 
 tive and legislative la-anches. Among the tirst conclusive as a judgment either upon the 
 
 to renounce or <lisclaim jiolitical power by the (.'ourt or upon the other departments.'' 
 
 1 "The Origin and Scope of the American Doctrine of ■ Commonwealth v. Green, 13 Allen (Mass.), 1.55; 126 
 
 Constitutional Law," a Paper read at Chicago, An- Mass. 566; 
 
 gust 9, 1893, by James B. Thayer. Taylor v. Place, 4 R. I. 362; 60 N. H. 585; 
 
 2 "The Three Constitutions of Connecticut," in Papers Thayer's "Memorandum on Advisory Opinions" (1885); 
 
 of New Haven Colony Historical Society, vol. V, "Duty of Judges as Const. Advi-sers," 24 Am. Lav 
 
 003(1891). Rev., 369, by H. A. Dubuque. 
 
58 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 A jud^iiient, even l)y tlif SupiiMiie Court, is, 
 of coui'se, not biiidiiifi; u})Oii the people in their 
 sovereign cin>aeity. If tiie Court dechires ;i 
 statute unconstitutional, the ])eo})le may 
 change the C'onstitution and render the stat- 
 ute constitutional. After the Dred Scott de- 
 cision in 18-")7 holding the Act of Congress for 
 the regulation of the Northwestern territory 
 unconstitutional, the people of the United 
 States adopted the fourteenth Amendment to 
 the Constitution, and therel)y o\'erruled the de- 
 cision of the Supreme Court and rendered tlie 
 act t'onstitutional.' 
 
 Neither the executive nor the legishiti\'e de- 
 })artment is hound to acet'[)t the decision of the 
 judiciary upf)n the constitutionality of a [iro- 
 posed law". The fact that the court has previ- 
 ously decided tlie ijuestion under a similar 
 statute is not conclusive upon the other 
 branches of the go\-erninent. Although the 
 Supreme Court had held tlie charter of tlie 
 Bank of the Cnited States granted liy (Jongress 
 to l)e constitutional,-' this di<l not ])re\'ent 
 President .laekson from vetoing the hill to re- 
 new the charter, for the reason that in his 
 opinion it was unconstitutional. The veto 
 power is vested in the }iresident liy the Consti- 
 tution, and is the exercise of a, political power, 
 which the courts cannot control. Nor can the 
 [)resident Ijc enjoined from enforcing a statute 
 on the ground that it is unconstitutional. In 
 the ease of Mississi[)pi \-. Johnson, 4 Wallace, 
 485, an attempt was made to restrain Presi- 
 dent .Jolnison from cari'ying into effect the 
 terms of the "l!econstruction Act," hut the 
 Supreme Court lield that this was a political 
 (juestion, o\'er \\liich it had no control. In 
 fleorgia v. Stanton, (i Wallace, oO, a like at- 
 tempt was made against Secretary Stanton, 
 
 Ceneral Crant and others, and was decided in 
 the same way. Rhode Island v. Massachu- 
 setts, VI Peters, ()69, is sometimes supposed to 
 suppoi-t a contrary view; hut the principal 
 question in that case was that of territorial 
 boundary lietween the two States, an<l the po- 
 litical (piestion was merely subsidiary. 
 
 Luther V. Borden, 7 Howard (U. S.), 1, in- 
 \-ol\'ed or grew out of an exciting episode in 
 the history of Phode Island. This was an 
 action of trespass for breaking into the plain- 
 tiff's dwelling house. The defence A\'as that 
 the plaintiff was aiding and abetting an insur- 
 rection against the authority of the "Charter" 
 goverinnent of theState, and thatthedefendants 
 were otticers of the "Charter" go\'ernment, with 
 authority toarrest the plaintiff. The plaintiffal- 
 legedthatthe "Charter " goverinnent which had 
 been estaljlished under the Cliarter of Charles 
 II in ]()()3, had been supersede<l by the "Peo- 
 ple's" government, established by a majority 
 of the people of Pliode Island in 1.S41-2. 
 Thomas W. Dorr had been elected gox'ernor 
 under the " People's" Constitution, but his 
 effort to assume ofhce M'as resisted liy the otH- 
 eers of the Charter go\'ernment, and be after- 
 wai'ds left the State without succeeding in his 
 effort to estaldish his claim to the office, and 
 was finally tried for treason. In deciding the 
 ease of Luther v. ISorden the Supreme Court 
 held that the question as to which government 
 was the lawful government of the State, was 
 not a judicial (juestion, Init was a political 
 question, upon wdiicb the Court ^\■as bound liy 
 tlu' decision of the political authorities. 
 
 In ^Wlrcester v. ( ieorgia, (5 Peters, 515, the 
 ( 'ourt came perilously near to rendering a 
 judgnu'ut upon a jiolitical ({uestion, if it did 
 not actuallv do so. The result was that Presi- 
 
 Scott V. Sandford, 19 Howard, 393. 
 
 McCullock V. Maryland, 4 Wheaton, 316. 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 
 
 59 
 
 dent .laekson vefused to assi.st the ('oiirt in cii- 
 tbreiii,!;' the judgment against the State f)f 
 (Jeovgia, and Worcester was rtdeased from ini- 
 prisoiiment hy (ieorgia oidy upon terms dii-- 
 tiited hy the State, and eonti'ary to the judg- 
 ment Lit tlie Court that he sliould l)eset tree at 
 once and unconditionally.' 
 
 In holding that Congress had no power to 
 prohiliit sla\'ery in certain 'J'erritories created 
 out of the Northwestern ten-itory, the court 
 seems to ha\'e overstepped the province of the 
 judiciary, and invaded that of the ])olitical 
 department.- President Lincoln refused to 
 recognize this ilecision as hinding upon him 
 before its overthrow hy the Fourteenth Amend- 
 ment. 
 
 (.)ther autlioiities relating to the power of 
 the courts to decide politii-al ([uestions are 
 ^[orris V. Hulkeley, (il Conn., 2S7 (1S9:^); 
 Opinions of the .Justices, 55 X. 11., 574 (1.S75), 
 and (it) X. 11. 5.S5 (iS.Sl); lloyd v. Thayer, 
 14;i ['. S. l;!5 (1S92). 
 
 Jt has Ijeen asserted tliat the courts can dis- 
 
 regai'd a statute upon the ground that it is 
 
 contrary to puldic policy, and that a statute 
 
 i-c[)Ugiiant to public policy is 
 
 Section 42. ^.,,i,i This view, however, has 
 
 Public , , 
 
 Policy. ^''^"■''y '*^'^^' ^"1'1'oi'ters, and ttie 
 
 Expediency o^reat weight of authoi'ity af- 
 or Wisdom . 
 
 of Law. firms the sound docti'in(.' that 
 
 the legislature and not the 
 court is tlie proper hody to determine all (jues- 
 tions of public [)olicy, and to decide the e.\- 
 iiedieucy oi- wisdoiii of any projjosed law: that 
 the legislature's decision upon this (|uestion is 
 conclusi\-e ujton the juiliciary, ami that the 
 
 1 Bryce, American Commonwealth, vol. I, p. 262; 
 
 Kennedy's Life of Wirt, vol. U, chs. XV and XVI; 
 
 Greeley, American Conllict, 106; 
 
 Von Hoist, Const. Hist., 17.50, 1832, 4.58. 
 ' Scott V. Sandford, 19 Howard, 393. 
 ' Cooley's Const. Lim. (4th ed.), ch. VH ; and cases cited ; 
 
 < 'ourls cannot disregai'd oi' pronounce uncon- 
 stitutional any statutt! because in their opinion 
 it is eonti'ary to public policy.'' 
 
 This (|uest ion arose at an early date in the 
 judicial history of Massachusetts as a State. 
 < )n I'^ehruary (i, l.Sll, the Mouse of lieprescnt- 
 ali\'es i-e(|uested the opiiuon of the justices ot 
 the Supi'emc .luilicial ( 'ourl u|)oii three consti- 
 tutional questious relating to ratable polls of 
 aliens. These ipiestious were answei'e(l by 
 ( 'hief .lustice Parsons and hy .lusticcs Sewall 
 and i'arker on l'\b)ruary bl, IsU, and in the 
 (.•ourse of theii- opinion the justices used this 
 language : 
 
 ■■ Por although it is not to lie |)resumed that 
 a legislature will \'iolatc principles of public 
 policy, yf.'t an intention of the legislatui-e re- 
 pugnant to those pi'iiiciples, (dearly, manifest- 
 ly and coustitutionall\' expi'esscil, nuist have 
 the force of law." "• 
 
 111 bsl9 Chief .Justice Marshall in deli\'ering 
 the 0[iiiiion of the Supreme Court of the Pnited 
 States thus expressed his view that the courts 
 have no such [lower: " Hut where the law is 
 not proliil)it('<l, and is really calculated to 
 ett'ect anv of the olijects cnti'ustcd to the go^•- 
 ernment, to undertake here to iinpiire iido the 
 degree of its lU'cessity, would be to [lass the 
 line which cii'cumscribcs the judicial dejiart- 
 iiient, and to tread on legislative ground. 
 This ( 'ourt disclaims all |iretensions to such a 
 power." •' 
 
 In the Liceuse Tax Cases, 5 Wallace, M\-l at 
 46s, Chief .Justice ( 'base in delix'cring the judg- 
 ment of the Supreme Cotu't said: "This Court 
 i/an know nothiiig of ]iuhlic policy exccjit from 
 
 Commonwealth v. McCloskey, 2 Rawle (Pa.), 369, 374; 
 
 Bennett v. Boggs, Baldwin (U. S. Cir. Ct.), 60; 
 
 Hills v. Chicago, 60 111., 86, 
 -> Opinion of the Justices, 7 Mass., 533 at 524-525. 
 '' McCullock V. Maryland, 4 Wheaton, 316 at 423. 
 
60 
 
 THE JUDICIARY AND THE BAR OE NEW ENGIAND. 
 
 Section 43. 
 
 the C'oiiwtitutioii ami the hiws, and the course 
 of a(hniiiistratioii and decision. It lias no 
 le.nislative powers. It cainiot amend or mod- 
 ify any k'gishitive acts. It cannot examine 
 questions as ex[)edient or inexpedient, as [)oIi- 
 tic or imjiolitic. Considerations of tliat sort 
 must in general he addressed to the legisla- 
 ture. Questions of })olicy determined thert' 
 are concluded here." ' 
 
 V. EXTENT AND EFFECT OF THIS POWER. 
 
 The seed of this judicial po\\'er, planted 
 scarcely more than a century ago, has devel- 
 oped intf) a mighty legal tree, hrmly roote<l in 
 American jurisprudence, and 
 extending its protecting arms 
 o\'er a \'ast [lopulation and an immense terri- 
 tory. 
 
 L'i)On the whole, this power has hc^en wisely 
 employed hy the Courts, and has proved bene- 
 ficial to the peo[)le. Its exercise has heljied to 
 make this a "government of laws and not of 
 men," and has contrihuted to the stal)ility of 
 our republican institutions. It has acted as a 
 great restraining force upon unjust legislation. 
 It has assisted in soh'ing many of the [>rob- 
 lems of state which liave confronted the Amer- 
 ican people. It has aided in preser\'ing the 
 boundary line between the }io\A'ers of the Fed- 
 ei'al and State go\-ernments, ami has protected 
 the rights of tlie individual from injurious 
 legislation. 
 
 Hon. Charles Andiews, lately chief judge 
 of the New York Court of Ajipeals, says in 
 connection with tlie decision of the United 
 States Supreme Ci.iurt in Marbury w Madison, 
 
 ' That the judiciary has no power to ignore a statute up- 
 on any of these grounds is also decided in Whitington 
 V. Polk, 1 Harris & Johns (Md.), 236 at 246 (1803); 
 Mobile V. Yuille, 3 Ala., 137; Sharpless v. Mayor, 31 
 Pa. St., 147, 159; Hedderick v. State, 101 Ind., 564; 
 Powell V. Pennsylvania, 127 U. S., 678, 685; Trus- 
 tees of Bishop's Fund v. Rider. 13 Conn., 87, 104; 
 
 1 Ci-anch, l-'ST, holding an Act of Congress un- 
 constitutional, that: "It was a startling asser- 
 tion of judicial power. In its possible scope it 
 subjected every act of Congress to the scrutiny 
 of the Court, and to its practical annullment 
 wlieiHwer invoked by a party to a juilicial 
 proceeding, and relied u])0n to sustain a claim 
 or defence. It is scarcely too much to say that 
 if the court had faltered here the M'ork of the 
 convention would have failed. ^Phere would 
 have l)een no check on unconstitutional legis- 
 lation. Congress, influenced Iiy the violence 
 of party s})ii-it, or by the sway of passion or 
 prejudice, would in time lun-e usurped the 
 })Ower reserved to the States and overste}»ped 
 the limitations of the (Jonstitution, and tlie 
 States denuded of their rightful powers, would 
 haA'e resisted the usurpation, and anarchy would 
 have resulted." 2 
 
 The power may ln' exerted in a variety of 
 ^\•ays and by many ditferent (_'ourts. The 
 State Courts may declare a State statute un- 
 constitutional, either as being re})Ugnant to 
 the State (_'onstituti(jn, or to tlie United 
 States Constitution. 'Jdiey ma\' also hold an 
 Act of Congress unconstitutional as violating 
 the Federal Constitution;-' but not on the 
 ground that it violates the Statt' Constitu- 
 tion. The Fedend Courts may jironounce a 
 State statute unconstitutional, either as being 
 in contravention of the Federal Constitution, 
 or of tlu' State Constitution; though with re- 
 spect to construing the State Constitution, the 
 Fe(leral Courts are generally bound to follo\\' 
 the decisions of the highest State Court. •* They 
 may also declare an Act of (Jongress unconsti- 
 
 Fletcher v. Peck, 6 Cranch, 87. 
 » 58 Albany Law Journal, p. 9 (1898). 
 ' Davidson v. Champlin, 7 Conn., 244; 
 
 Wetherbee v. Johnson, 14 Mass., 413; 
 
 United States v. Lathrop, 17 Johns. (N. Y.), 4. 
 •1 Calder v. Bull, 3 Dallas, 386; 
 
 Gelpcke v. Dubuque, 1 Wallace, 175. 
 
THE JUDICIAL SYSTEM OE NEW ENGLAND. 
 
 61 
 
 tutiiuial for tlii' rtMsim that it is foiitrarv to 
 the Federal ( 'onstiiution ; ' hut not tor the rea- 
 son that it is eontrarv to a State (Constitution. 
 
 Duriui;- the half eentury just passeil, this 
 power has developed very I'apidly, and has 
 been exerted with inereasino- freijueney. Only 
 twenty statutes of the States and Teri'itories 
 «'ere held uneonstitutional hy the Supreme 
 Court of the United States during the fifty 
 year.s form 1790 to 1S4(), while during a like 
 period from 1.S40 to lS90, one hundred and 
 tifty-se\-eii statutes of the States ami Territories 
 were declared uneonstitutional l)y the same 
 Court.2 
 
 What is the effect of holding a statute un- 
 constitutional? Does it nullify the statute? 
 Does it operate as a I'epeal of the statute? 
 Does it render its enforcement improper hy tlie 
 executive? Is the construction placrd upon 
 the ( 'onstitution hy tlie Supreme (_'onrt hind- 
 ing upon the other departments of g(i\ern- 
 nient '/ 
 
 Some of these fjuestions ()\n'\\ a \\'ide Held of 
 imjuiry, upon which the authorities are con- 
 flicting, which can he only hrii.'fly mentioned 
 in this place. It is \-ery clear, liowe\'(.'r, that 
 a statute is not nullified or I'ejiealed in the 
 strict sense when it is pron(iunced uncon- 
 stitutional hy the ( 'ourts. This prim/iple 
 follows from the decisions of the Supreme 
 Court upon the legal tender Acts of ('(jugi-ess, 
 passe<l in IW'l and 1<S(;3, making I'lnted 
 States notes a legal tender in payment of 
 dehts. In the first case, Ilephuiii w Cd'iswold, 
 8 Wallace, W.\, decided in 1S70, it was held 
 
 that the legal tender acts were unconstitution- 
 al, yel, in the second case, Knox v. Jjce, 12 
 \\'allace, 4")7, decided in 1S71, it was held 
 that the same acts of ( 'ongress were constitu- 
 tional and enforceahle, though there had not 
 heen a I'c-enactnu'id in the meantime \)\ ('on- 
 gress. This iioint was also <lecidcd in the 
 case of Ralirer, Petitioner, 141) W. S., 545, 5(;;1- 
 5()5, relating to the importation of intoxicat- 
 ing li(|uors into a State in original packages. 
 
 A judgmeid, however, genei'ally has great 
 weight with the legislature and the [leople, 
 and it not iid'rei|uently hap[)ens that after a 
 statute has hetai pronounced unconstitutional 
 hy the Courts, the legislature will repeal the 
 statute.-' 
 
 In Massachus(.dts. aftci- ('hief Justice Shaw 
 exi)ressed his opinion that the statute of 11S43, 
 redut'ing judit'ial salaries, was uncoustitutional, 
 it was repealed hy the legislatui'e hy statute 
 1844, c. 24. In l.SitS, the same legislature 
 wducli enacteil the statute of that yt'ar rcdating 
 to the trial of certain crimes in the Municipal 
 Court of Boston, suhseipiently repealed the 
 statute, because in the meantime the judges of 
 the Afunicipal ( 'ourt had held it unconstitu- 
 tional. 
 
 Jn Rhode Island, the (leneral Assembly of 
 17'S() re])ealed the statute of August, 17.S(i, after 
 the Supei'ior ('oui't had pronounced it uncon- 
 stitutional in Ti'cNctt \'. Weeden, decided in 
 Se}>temher, 1 7.S(i.-i 
 
 In Xew Jersey the statute allowdng a trial 
 under the sei/.ui'c laws t(i he by a jur)' of six 
 men was repealed aftei' the Court held it un- 
 
 Marbury v. Madison, 1 Cranch, 137. 
 
 Address on " Influence of the Bar," by J. H. Henton, jr. 
 (1894'), Appendix II, page 41. 
 
 Mr. Benton, in this address before the Southern 
 New Hampshire Bar Association, gives the names 
 and dates of all these decisions, and also the names 
 and dates of cases in which Federal statutes were 
 
 held unconstitutional by the Federal Supreme Court. 
 
 His table is very valuable and instructive upon the 
 
 growth of this doctrine. 
 Relation of the Judiciary to the Constitution, I'J Am. 
 
 Law Rev., 188, by Wm. M. Meigs. 
 2 Chandler's Crim. Trials, 369; 
 Varnum's Report (Providence, 1787). 
 
6 a 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 constitutioiuil in the ease i)t' Holmes v. Walttm, 
 (It'ciikMl ill 17.S0.1 
 
 111 Connecticut tlie ({enerul Assenilily enact- 
 ed on Deceiiiher "24, iSli'^, tliat citizens of the 
 State absent tlierefrom in the military sei'\'iee 
 of the Tnited States, could vote for State otH- 
 cers at jilaces outside tlu^ tenitorial limits of 
 the State. l)y a supjilemental statute, tlie 
 Ciovernor was authorized and directed to re- 
 (juest the o})inion of the Judges of the Supreme 
 Court upon the constitutionality of the origi- 
 nal act, and, in case tlu' ju<lges should an- 
 swer in the negati\'e, the <io\ernor was to 
 make proclamation of the fact, and thereujion 
 all persons should he released from the duties 
 imjiosed by the statute. Tlie judges, in an 
 able ojiinion by .Judge Ihitler, replied that the 
 statute was repugnant to the Constitution of 
 the State, and the (iovernor proclaimed the 
 fact, before an election had been held. In 
 August, 1864, an amendment to tlu' ("onstitu- 
 tion was adopted by the [)eople which author- 
 ized such legislation during the Civil way then 
 existing. '- 
 
 As to the extent to which the judgments of 
 Courts upon constitutional i|uestions should 
 be considered conclusive upon the executive 
 and legislative departments, see a learned ai'ti- 
 (de by Sidney (1. Fislier of the Philadelphia 
 bar ill 21 American Law lU'Niew, 210, pub- 
 lished in 1.S87. 
 
 Notwithstanding all that has been said in 
 
 favor of this power, it now seems ad\-isable to 
 
 limit its exercise in some mode. \\'itliin the 
 
 past few vears the courts have 
 Section 44. 
 
 Conclusion exerted this power too freely 
 
 ^'"' and too often, and sometimes 
 
 Suggestions. 
 
 against the interests of the 
 
 plain peciple. Cases are numerous in \\liich a 
 
 ' State V. Parkhurst, 4 Halst (N. J.). 427, 444. 
 
 - Opinion of ttie Judges, 30 Conn. 591, .573, note; 
 
 single judge, sometimes sitting in a State Court 
 and sometimes in a Federal Court, has pro- 
 nounced a State statute unconstitutional, and 
 has refuse<l to reciignize it in deciding tlie case 
 before him. In (itlier cases, a statute has been 
 declared iiualid by only a small majority of 
 the \\diole court. Some (»f these decisions 
 ha\e atiected large numbers of people, and 
 many of them ha\'e been discussed in the pub- 
 lic jiriiits and forcibly presi-nted to the puljlic. 
 So frei|uently has this power been exercised of 
 late years that the }»eo|)le lia\'e come to belie\'e 
 that no statute is valid until it has been 
 "tested" in and ap[)ro\'ed liv the Courts. The 
 ine\'itaJ>le result is a loss of public confidence 
 in the legislati\-e <lei)artnieiit of the govern- 
 ment. That the present stainJing of the legis- 
 lature is not e<pial to that of earlier times, 
 seems largely due to the fact that their acts 
 are so often ilecdared unconstitutional liy the 
 (A)urts. Jf this practice be continued much 
 longer at the present rate, the degradation of 
 the legislature seems certain. Instead of three 
 departments of government with e(jiial and co- 
 ordinate powers, we shall then ha\'e only t\-\-o 
 — the executive and the judicial — and neither 
 of these can impro\'e conditions Jiy constructive 
 measures, but can merely restrain and nega- 
 tive. The need of the times is constructive 
 legislation to improve the social and material 
 conilition of the peoj)le. To accomplish this 
 purpose, the legislati\'e department should be 
 restored to its former dignity and im})ortance, 
 and the power of tlie courts should be limited 
 and curtaile<l. 
 
 It is only when the unconstitutionality of 
 
 tlu' statute is so clear as to be free from doulit, 
 
 in the opinion of the judges of the highest 
 
 court in the State or Nation, that tliis power 
 
 Article XIII of Amendments. 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 
 
 63 
 
 of (lisregarding the })ro\'i,sions of a statufi' 
 should 1)0 exeivi,se<l hy the judieiarv. 'I'his 
 was tlie rule whieh was reeo^t^nized and acted 
 upon hy the eouvts in the early days of the 
 doctrine; t)ut in recent years, the courts have 
 ignored and repudiated this rule in practice'. 
 
 The true rule is not enforced when the will 
 of the legislature is set aside hy a court, the 
 members of which stand li\-e to four, or six to 
 three, or seven to t\\'o, or even eight to one, on 
 the question of constitutionality. It is oidy 
 when the highest court is unanimous in opin- 
 ion against the validity of the statute, that the 
 statute should he ilisregarded. A change of 
 this nature would restore the legislative de- 
 partment to its rightful position of importance 
 and dignity. Tuhlic confidence in the legisla- 
 ture wouli] he revi\'ed, and ahh.^r nien would 
 he elected. Tnder the circumstances of the 
 case, the requirement of unanimity does not 
 seem un)"easonal.)le. A\dien a court refuses to 
 enforce a statute on this ground, it virtually 
 decides that the legislature has exceeded its 
 constitutional powers in passing the statute. 
 
 The legislature is hound to considej' that ()ues- 
 tion before it enacts the measure, and the pas- 
 sage of the statute indicates that the legisla- 
 ture considered that it })osscssed the constitu- 
 tional powei- in cpiestion. Jt is, therefore, an 
 instance of one de})a,rtment determining the 
 constitutional })0wer of another de})ai-trjient of 
 the government. The legislature has no 
 means of enforcing a statute, and if the courts 
 will not enforce it, it becomes a, dead lettei'. 
 As we require the unanimous \'erdict of twelve 
 jurors to decided (piestions of fact, it seems 
 only proper to require a unanimous opinion of 
 less than twelve j'udges to decide this (juestion 
 of \-A\\. This would eei'taiidy not deprive the 
 judicial department of its rightful functions, 
 and would leave it \\\\\\ gi-eater i)OM'er than it 
 possesses in any othei' country of the ^\■orld. 
 
 Until the highest Court in the State or Na- 
 tion shall have decided that a statute is uncon- 
 stitutional, no other court in the State or 
 Natic)n should be allowed to determine that 
 (piestion. 
 
 CHAPTER V. 
 
 THE COURTS AND JUDGES. 
 
 The i)receding cluqiters contain frequent al- 
 lusions to the diiferent courts established in 
 New England at various periods in its history, 
 
 ^ ^. and also some account of their 
 
 Section 45. 
 
 Early Courts powei's and jurisdiction and 
 
 and Judges. methods of procedure. The 
 
 "(Vjurt of AssLstants" was the name generally 
 
 ap])lied to the highest court in the res[)ective 
 
 colonies during the sevculeenth century. This 
 court consisted of the governm' of the colony 
 oi- plantation for the time being, and a eei'tain 
 number of assistants, elected for a term of one 
 year. 
 
 In I'lymouth I'lantation, the Court of As- 
 sistants was com[)Osed of the governor and one 
 assistant until 1<;'24, when the numfier of assist- 
 
64 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 ants was increased to tive : at ^\•lliell time it 
 probably included Allerton, Standisli, Edward 
 Winslow an<l Fuller. This court possessed 
 not only judicial functions, but also le.uislative 
 and executive functions, as now understood. 
 In some cases, a right of a[)})eal to tlie whole 
 adult male population seems to have l)een al- 
 lowed. One of the duties of the assistants was 
 to advise the governor u})On [)u])lic affairs — a 
 duty somewhat analogf)US to that of the (iov- 
 ernor's Council at present.' Bradford was 
 governor during many years, ami generally 
 presided over tlie court. 
 
 Jn Rhode Island tlie first Court of Assistants 
 was estal.)lishe(l in ]6;>9, "for the help and 
 ease of conducting pul>lic atfaii's, and to lay 
 out lands." William Hutchinson was the 
 judge, and the seven assistants were William 
 
 Balston, .lohn Porter, -lohn , William 
 
 Freeborne, .John W'all, Philip Shearman and 
 W^illiam As})inwall.- 
 
 Cnder the first charter obtained by Koger 
 A\'illiams, the highest court was known as the 
 Colony or Ceneral Court of Trials. It was 
 estaltlished in 1()47, and was composed of a 
 president an<l four assistants, chosen annually. 
 Each of the four towns of Pro\-idence, Ports- 
 moutli, Newport, and Warwick, chose an as- 
 sistant. This court had jurisdiction of the 
 graver crimes and of the inore important civil 
 causes, and also appellate jurisdiction over the 
 town or local courts. Tliis t-ourt was in exist- 
 ence until the ari'ival of the second (.'hai'ter in 
 16().'!. Among those \\ho served as juilges 
 during this ]icriod were Roger ^\'illiams, .lohn 
 (larke, William ('oddington, an<l Samuel (ior- 
 ton.' 
 
 1 Bradford's Plymouth, 187; 
 Goodwin's Pilgrim Republic, 159. 
 
 2 Arnold's Rhode Island (3d ed.) I, 134, 135; II, 167. 
 The researches of Mr. Arnold have failed to discover the 
 
 As early as 1(J4.'!, a Court of Associates was 
 lield in Dover and Portsmouth, now within 
 the limits of New Hampshire, but then under 
 the jurisdiction of Massachusetts. It consisted 
 of one or more of the magistrates or assistants, 
 and one or more commissioners appointed by 
 the (ieneral (_'ourt of Massachusetts, out of tlie 
 })riucipal gentlemen of each town. Its juris- 
 diction extended to the value of twenty pounds. 
 Al)Out 1647 the towns \\'ere granted permis- 
 sion to cli0()se the associates; lait they did not 
 always exeivise this I'ight, and sometimes re- 
 (]uested the (jencral ( 'ouil to appoint the as- 
 sociates in accoi'dancc with the earlier prac- 
 tice. Appeals lay fi'om the Court of Associates 
 to the Board of Assistants until IflTH, when 
 a}i[)eals were allowed to the County (_'oui't of 
 Norfolk, Massachusetts.'' 
 
 During the first centuiy after the settlement 
 
 of New England, judicial proceedings were 
 
 characterized liy simplicity and devoutne.ss. 
 
 'Pile Puritan dislike of ilisnlav <- .. , 
 
 t Section 46. 
 
 \\'as manifest in all tlie early Form and 
 ccatrts. Prayer was an impor- Ceremony. 
 tant feature in (ipeniiig court. If a minister 
 could be conveniently obtained, he was re- 
 (|uested to make the 0})ening prayer: but if 
 not accessible, one of the judges offered praver, 
 and sometimes delivered a speech of a relig- 
 ious nature from the l)eiicli. .Judge Sc\\'all in- 
 forms us in his journal that at the opening of 
 the court on July 27, IG.Sii, William Stough- 
 ton, who was then at the head of the colonial 
 courts of Massachusetts, but had been educated 
 for the ministry, prayed "excellently" and 
 made a "notal.iU' speech." Under date of May 
 '1, 17J.'i, Judge Sewall's journal states that Dr. 
 
 surname of the third assistant, who still remains 
 
 John . 
 
 " Thomas Durfee in 4 New England States, 2364, 2365; 
 
 Rhode Island Colonial Records, I, 191, 222. 
 -■ Belknap's New Hampshire, I, 100, 101. 
 
THE JUDICIAL SYSTEM OE NEW ENGLAND. 
 
 65 
 
 Cotton j\[atlR'r made "an exoelU'ut (U'dication 
 [)rayer in the new court e'liaiiihcr," situated in 
 till' new Town House of ]>ostonJ 
 
 I>et'oi'e tlie Auieriean Uevolution, liowe\'i'r, 
 considerable })onij> and eereuiony liad arisen 
 in eonrt jiroeeedings, Wdien the judges trav- 
 elled upon their circuits, the sherilf of the 
 county, accompanied hy many gentlemen, met 
 them at thi' liorders of tlie shire town, and es- 
 corted them to their lodgings, with the ))low- 
 ing of trumpets and great paradt'. The judges 
 were arrayed in rol>es of scarlet iMiglish cloth 
 and wore ln'oad l.iands and immense wigs.- 
 
 (_'ourt was opened ami adjourned with tlu' 
 [)roelamation lieginning Oyer! <)yer! (3yer ! 
 This old Fi'ench law term, after performing 
 valiant service in English-speaking countries 
 for se\'eral centuries, was discarded liy order 
 of the Supreme Judicial Court of Massachusetts 
 in ls94, and the form of the opening proclama- 
 tion ordered to lie as follows: 
 
 "Hear ye I Hear ye I Hear ye I All persons 
 ha\'ing anything to do hefore the Honorahle 
 the Justices of tlie Suju'cme Judicial Court 
 now sitting at ... , within and for the 
 C(-)unt\' of .... draw near, gi\'e yriur 
 attemlance, and you shall lie heai'd. 
 
 ' The former Town House was completely destroj-ed by 
 fire in 1711, by the fire known as the "great fire" 
 until 1760. The New Town House mentioned by 
 Judge Sewall was finished early in the year 1718, 
 and the first court held therein was on April 27, 1713. 
 - Washburn Jud. Hist. Mass., 162-163, 246, 261, 
 ^ The forms of other proclamations were ordered to be 
 as follows: 
 
 Adjournment for the iJay. 
 Hear ye 1 Hear ye! Hear ye! All persons having 
 anything further to do before the Honorable the 
 justices of the Supreme Judicial Court now sitting 
 at . . . , within and for the County of . . . , 
 at present, depart, and give your attendance at this 
 place tomorrow morning at . . . o'clock, to 
 which time and place the sitting of this court is now 
 adjourned. 
 
 God save the Commonwealth of Massachusetts. 
 
 Previous Proclamation. 
 Hear ye! Hear ye! Hear ye! All persons having 
 
 " ( lod save tin' ( !ommon wealth of Massachu- 
 setts." '■'■ 
 
 I'ndei- the Ahissachusetts ehartei' of William 
 
 and Mary it was customary foi- juiy trials to 
 
 take place hefore the whole hench of judges, 
 
 and this i)racticc |ire\'ailed foi' 
 
 Section 47. 
 
 many years after the adoption jj,^ Trials 
 
 of the Constitution of 17.S(), cs- Before the 
 . ,, . , . , ,„, Whole Court. 
 
 pecially m crniiinal trials. I lie 
 
 trials at Salem for Wdtclici'aft in IG!:)!:!, occurred 
 hefore the full hench of se\'en juilges commis- 
 sioneil by C(.i\'ernor Tliips.^ The Superior 
 Court of Judicature which was created under 
 this charter in 1(199, consisted of H\'e judges, 
 all of wdiom were expecteil to attend and par- 
 ticipate in jury ti'ials in ea<Ji county, though 
 three judges constituted a (piorurn. The same 
 arrangement was eontiinied under the < 'ousti- 
 tutioii of ITSO until the )'eai' 1799. i)uring 
 this period of one hundred years the coui't was 
 held for all purposes in each county liy a. full 
 bench, and "all trials were in effect ti'ials at 
 bar. and ^^■ere coiulucted in the presence of the 
 full court, and not less than three were t'ompe- 
 tent to pi'eside at a jury trial." '' In im[)0rtant 
 ciiminal causes the full court sat with the jury 
 uidil \\'ell into the ninetet-nth century.'' 
 
 anything to do before the Honorable the Justices of 
 the Supreme Judicial Court now sitting at . . . , 
 within and for the County of ... , draw near, 
 and give your attendance, for this sitting of the 
 Court is about to be adjourned without day. 
 Final Proclamation. 
 Hear ye! Hear ye! Hear ye! All persons having 
 anything to do before the Honorable the Justices of 
 the Supreme Court now sitting at ... , within 
 and for the County of . . . , at present, depart, 
 and give your attendance upon a new summons, 
 as this sitting of the court is now adjourned with- 
 out day. 
 
 fiod save the Commonwealth of Massachusetts. 
 
 ^ Ante, section 11, and authorities cited. 
 
 ■' Shaw, C. J., in Sketch of Chief Justice Parker, 9 Pick. 
 .569 (1830). 
 
 '' Thomas, J., in Commonwealth v. Anthes, .5 Grav, 274 
 (1S,^j7). 
 
66 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 In tlie early colonial period the courts did 
 
 not set aside verdicts. This practice did not 
 
 arise in England until after the settlement of 
 
 New England. If the court 
 
 Section 48. .^^^^.^ ^j^^ j^j.,^. ji^.^gi-eed the case 
 
 Setting , 1 , • 1 j_ j_i / . 1 
 
 ., could I )e carried to tlie (Tcneral 
 
 aside 
 
 verdicts Court for final decision. The 
 
 gran ing ^t;atute of Massachusetts of 1 (> 7 2 
 new trials. 
 
 allowed the judges, if they dis- 
 appi'oved of the verdict to send the jury out for 
 further consideration : l:>ut if the jury persisted 
 in their verdict, the court was oljliged to ac- 
 cept and record it.i At tlie trial of Re))ecca 
 Nurse for witchcraft in KiDi, the jury at first 
 brought in a verdict of not guilty, liut after 
 being sent out to reconsider, they returned a 
 verdict of guilty : upon \-\diich judgment \\'as 
 entered, and Rebecca Nurse was hung.^ 
 Another methoil of securing a new trial was 
 by attaint. 
 
 I'ntil the Aiiierican Eevolution, tlie \erdict 
 of a jury was considered as -well-nigli conclu- 
 sive, and new trials were very seldom granted. 
 In 1763 tlie Superior Court of Massacliusetts 
 intimated that where the verdict was clearly 
 against tlie law and the evi<leiice a new trial 
 would l)e granteil: Imt it held that \\diere 
 there was evidence on lioth sides, and some 
 evidence in support of the verdict, and the 
 court could not see clearly that the verdict 
 was against tlie law and the evidence, a new- 
 trial would not he granted.' 
 
 In IM.'SS, Chief Justice Shaw said: "Eora 
 long time it was considereil doubtful whether 
 a new trial could be granteil wdiere there was 
 
 ' Greene V. Baker, Records, 1680, fol. 114. 
 ■^ Ante, section 11, and authorities cited. 
 ' Angier v. Jackson, Quincy's Reports, 84. 
 * Miller v. Baker, 30 Pick. 285, 289. 
 ■' Hall V. Thayer, lOo Mass. 219 (1870); 
 
 Spring Valley Water Works v. Schottler, 110 U. S. 
 347, 364 ; 
 
 London v. Wood, 13 Modern, 669; 
 
 any evidence on Ijoth sides, and it was con- 
 sidered that a new trial could only regularly 
 be granted wdiere the verdict was without evi- 
 dence, or against the wdiole evidence. It has, 
 however, been extended to cases where the 
 vei'dict is clearly against tlie weight of ex'idence, 
 although eviilenee was given on both sides."'' 
 It has always been considered essential in 
 New England that the courts should be im- 
 partial and disinteresteil. The judges should 
 
 not i>ossess anv iiecuniarv in- 
 
 ■ Section 49. 
 
 terest in the result of cases de- . . ,. 
 
 Impartiality 
 
 cided liy them, nor should they and 
 
 pav anv respect to persons in Disinterested. 
 ^ ■ ■ ^ ^ ness. 
 
 rendering judgmemt. The 
 
 princi[>le early assumed the form of a maxim, 
 ami it became fundamental that ud man could 
 be a judge in his owui case. A judgment ren- 
 dered li>- a judge who has a pecuniary interest 
 in the suit is not merely voidal)le, but is 
 alisoluti.dy null ami void." 
 
 A lil-ce rule ap}ilies to justices of the peace;' 
 to juroi's:' and to appraisers of land set off on 
 executiiin.'^ In Hf)."^, Mr. -lustice Chase of the 
 Supreme Court of the United States expressed 
 the o[iinion that a statute which made a man 
 a judge in his own cause was void:" and 
 under our present Constitution a judgment 
 rendered Ijy an interested judge in his own 
 favor would seem to be \-oid as depriving the 
 other party of his ])roperty witlmut due pro- 
 cess of law. Article "2i) of the [Massachusetts 
 Declaration of Rights declared : " It is essential 
 t" the preservation of the rights of every in- 
 di\ddual. liis life, liljerty, preiperty, and char- 
 Dimes V. Proprietors, 3 H. L. Cases, 759, 793. 
 « Judd V. Tryon, 131 Mass. 345 (1881). 
 ' Davis V. Allen, 11 Pick. 466 (1831). 
 Hesketh v. Braddock, 3 Burr. 1856. 
 ■ Fox V. Hills, 1 Conn. 295 (1815). 
 Wolcott V. Ely, 3 Allen, 338 (1861). 
 McGough V. Wellington, 6 Allen, 505. 
 ' Calder v. Bull, 3 Dallas, 386, 388. 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 
 
 67 
 
 aeter, that there be an impartial interpretation 
 of the hiws, and achuinistration of justiee. ft 
 is tlie right of every citizeji to be tried by 
 judges as free, impartial and independent as 
 the lot of humanity will admit." 
 
 Chief Justiee Shaw eonsidered impartiality 
 one of the highest attrilxites of the judge. In 
 his address delivered before tlu^ l>ai' of Berk- 
 shire in 18.30 on the life and eharaeter of Chief 
 Justiee Parker, after remarking ui)0n the po- 
 litical animosities and person;d passions wliieh 
 prevailed while Judge Parker was upon the 
 bench, added : "Yet in no instance has any 
 serious imputation of partiality in the exercise 
 of his functions as a judge, lieen made against 
 him." ' 
 
 Rufus Clioate in his great speecli ilelivered 
 on July 14, Is.");], in the ^fassachusetts Con- 
 stitutional Convention of is.j;;, upon the tenure 
 of judicial office, thus descriljed his ideal of 
 "the good judge ": 
 
 "In the first place he should be jirofoundly 
 learned in all the learning of the law, and he 
 must know how to use that Icariung. 
 
 "In the next })lace, he must lie a man, not 
 merely upright, nor merely honest and well 
 intentioaied, — this of course, — l>uta man «ho 
 will not respect persons in judgment. 
 He shall know nothing aliout th(.' parties, 
 everything about the case. Pic shall do cvei-y- 
 tliing for justice ; notlungfor himsidf : nothing 
 for his friend : nothing for his pati'on ; notlung 
 for his soyei'eign. If on one si(h' is tiie ex- 
 ecutive po\\'er and tlie legishiture and the 
 ])eople, — the sources of his honors, the givers 
 i)f his daily bread, and on the other aji in- 
 dividual nameless and odious, his eye is to see 
 neither great nor small ; attending <jnlv to the 
 
 'trepidations of the balance.' If a law is 
 passed by a unaniin(jus legislature, clamored 
 for by the general \'oice of the })ublic, and a 
 cause is before him on it, in which the whole 
 connnunity is on one side and an individual 
 nameless and odious on the other, and he be- 
 lie\'es it to be against the ( 'onstitution, ho 
 must so declare it, oi- there is Jio judge. 
 
 "And finally he imist possess tin- })erfeet 
 confidence of the comnnuiity, that he bear not 
 the SM'Oi'd in \'ain. To be honest, to be no 
 respecter of persons, is not yet enough. He 
 nuist be Ijelieved such."- 
 
 The principle has been extended and applied 
 in many ditt'erent ways. 8o long as the (Jen- 
 eral Court of Massachusetts exercised judicial 
 functions by appeal from the ordinary courts 
 of justice, practising attorneys were not eligi- 
 lile. In lliO;], a law was passed pi-(jhibiting 
 "usual and connnon attorneys" from sitting 
 in the General Court. John liead, wdio rep- 
 resented Boston in IT.'iS, seems to lia\'e been 
 the first practising lawyer to sit in the legisla- 
 ture of Massachusetts.^ 
 
 In l(j.5d, Massachusetts passed a hn\' pro- 
 hijiiting a judge to vote in any case where 
 either the plairdlH' or defendant or other party 
 to the suit was his father, or son, oi' brother, 
 or unck', or nejihew, or landlord, or tenant; 
 but the judge was permitted to "give reason- 
 able ad\uce in the case." * 
 
 The passage of this statute of IdoO may 
 lia\'e been (.)ccasion<'il by the conduct of Uicli- 
 ai'd Bellingliam in 1(J42. (Jn NoN'cmbei' 9, 
 1()41, while go\'ei'nor, he married Miss Pen- 
 elope Pelham ; peil'oi'med the marriage cere- 
 mony himself and refused lo publish the 
 intention of marriage, as requii'iMl by the 
 
 9 Pick. 576. 
 
 Addresses and orations of Rufus Choate (Boston 1878); 
 reprinted in 13 Harvard Law Review 1, 5, 6 (1899). 
 
 ' Hutchinson, HI, 104 note; 
 
 Wasliburn, .51. 
 ' Wasliburn, 41, citing Col. Laws (ed. 1600) p. 91. 
 
68 
 
 THE JUDICIARY AND THE BAR OF NEW ENGIAND. 
 
 statute of 1039. For this offence the grand 
 jury, or "great inquest," indicted him and 
 his case was called for tivial in June, 1042, 
 Avliile he was one of tlie magistrates and en- 
 titled to sit as a judge. It was customary 
 under tliese circumstances for tlie accused to 
 leave the bencli, Init INIr. Bellinghani refused 
 to do so, unless commanded by tlie governor, 
 and claimed the right to sit as a judge in his 
 own case. Winthrop was tlien governor, and 
 although he was greatly scandalized Ijy the 
 proceedings, he seems not to have exerted his 
 authority, and the case was dropped.' 
 
 Judge iSamuel Sewall in charging the grand 
 jury on May 5, ITl.'S, said : "Let not any judge 
 debauch tliis Ijench ])y abiding on it when his 
 own cause comes under trial. May the judges 
 always discern the right, and dis})ense justice 
 witli a most stalile, })ermanent impartiality." ^ 
 
 In Stoddard v. Moulthrop, 9 (^'onn., 502, 
 decided liy the Supreme Court of Errors of 
 Connecticut in l.s;!.'5, it was held that, as the 
 duties of commissioners of insolvent estates 
 were juilicial, a bi'other of one of tlie creditors 
 of the estate could not act as a commissioner. 
 The statute then in force pro\-ided: "That 
 wdienever there shall be so near a relationship 
 between any judge or justice of the peace and 
 any party in a ci\'il action, as between father 
 and son liy nature or marriage, brotlier and 
 brotlier in like manner, uncle and ne])liew in 
 like manner, lan<llor<l and tenant : oi' w beli- 
 ever any judge or justice may ])e liable in any 
 manner to contribute out of his estate to the 
 damages, costs or expenses of any action : or 
 whenever be may rccei\'e a direct pecuniary 
 benefit 1_)V the iletermination tbei'eof: in all 
 
 such actions, the said judge or justice shall be 
 disqualified to act as judge or render judg- 
 ment." In an able opinion by Judge Church 
 it was laid down that tlie purpose of this and 
 similar statutes was to secure impartiality, and 
 that slight differences in phraseology would 
 jje disi'cgarded. " Thus, the statute under con- 
 sideration requires commissioners to lie ' dis- 
 interested and judicious persons.' That pi'O- 
 viding for the ap})ointment of appraisers of the 
 estate of deceased persons, re<|uires 'judicious 
 disinterested freehoMers.' That directing tlie 
 appraisal of land taken on execution provides 
 tliat the appi'aisers shall Ijc 'indifferent free- 
 holders.' The law ilirecting the distribution 
 of deceased persons' estates jirovides for the 
 appointment of 'sufficient freeholders'; while 
 the statute pro\'iding for the distribution of 
 estates ])etween adults and minors, directs the 
 appointment 'of some meet person.'" (Page 
 506). It was held that all these statutes had 
 the same great olijectin \'iew, and were not to 
 receive conflicting constructions Ijy the court. 
 
 In 1 SoO the Supreme Judicial Court of Maine 
 decided that a justici.' of tlie peace, who was 
 also attorney for one of the jiarties in an action, 
 was discjualitied from acting as justice in the 
 taking of a de[)Osition to be used in such 
 action.'' 
 
 A jiiilge wlio has been attorney or counsel 
 for a party during a preceding stage of the 
 litigation sliould not sit at the trial on the 
 facts, or at the hearing upon (piestioir-; of law. 
 A stockholder or employee of a corporation 
 shoulil not ser\-e as judge or juror in a case 
 where the corporation is either plaintiif or 
 defendant. 
 
 ' Savage's Winthrop, II, 51, 52. 
 
 - The point of Judge Sewall's remark is .sharpened by 
 the circumstance that in 1694 an action stood for 
 trial, but was not actually tried at that time, in 
 
 which Sewall was plaintiff and his associate on the 
 bench, Judge Winthrop, was defendant. Wash- 
 burn, p. 153. 
 Cutler V. Maker, 41 Maine, 594. 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 
 
 69 
 
 Tlie Massacluisetts Charter of I(j9-J roii- 
 ferrod upon the (io\iTnnr and Cciuiu-il tlie 
 
 Section 50. l''^'^^'^^' "^ :il'l"'iiiting tlic ju.l-vs, 
 
 Tenure of l>ut theii' ti'iiiuv of oMicc was 
 not regulat(.'(l, and nnlil 1774 
 the judij,es \\(.'re i\Muo\al>li' at will by tlic ( io\'- 
 ernoi' and ('onncil.' ISy tlu' Act of Parliament 
 of 1 774, '■ for the better r(.'^'ulatin^' of the L;(>\'ern- 
 nient of ^Massaehusetts Bay," the "governor was 
 given power to apyioint the judges, even of the 
 Superior Court, \\'ithout the t-onsent of the 
 Couneil, and the judges wrre to hold ofHee 
 during the pK'asure of the king. 
 
 ( )ne of the grievanees enunierated in the 
 r)eelaration of Inde[)endence was that the king 
 "had made judges dependent on Ins will alone 
 for the tenure of their ofKees and the amount 
 and |;)ayment of their salaries." 
 
 Bv eliaj)ter •']. article 1, of the ]\[assa<'liusi.'tts 
 Constitution ■■All juilieial otticers .... 
 shall liold their office dm'ing good lieha\'i((ur, 
 excepting such concerinng whom thei^e is dif- 
 ferent pro\ision made in this e(institution : 
 pro\'ided, neveitheless, the (ioN'ernor, \\'ith the 
 eonstait of the Council, may remo\'e tiiem ujion 
 the address of liotli fiouses of the legislature." 
 
 ddiis provision applies not oidy to the judges 
 of the higher courts of record, such as the .Su- 
 preme .Judicial and the Superior ('ourts, hut 
 also to the judges ai probate and insol\'eney, 
 ami to the muideipal and poli(.-e and distiiet 
 court judges. Jn 1840, a f|Uestion arose as to 
 wdietlier certain police coui^t j'udges field (heii- 
 offices dui^ing good belia\ior, or niei^el\' for 
 the term (if se\'en years, ami the go\"ernoi^ i^c- 
 (juested th(-' opinion of the justices of the Su- 
 [)reme .Judicial ( 'ourt. ('hief .Justice Shaw 
 and .Justices I'utnam, Wilde and Dewev ri'- 
 
 jilicd tliat such judges hehl during good be- 
 ba\ior.'- 
 
 In the Constitutional Con\'(adion of IS.I.'! a 
 sti^(Miu<ius eiforf was made to change the tenure 
 of ju(Hcial office tVom appointment by the gov- 
 ernoi' during good behavior to election liy the 
 ]ieo]ile for a term of years. If was in opjiosi- 
 tion til these proposed changes that Liiifus 
 ('hoate, then in flic full niatui^ity of his gi'cat 
 }iowers, delix'cred his celebrateil sjieech — a 
 speech which has recently beiai recalled to 
 l>ulilic attention by his gifted relati\'e, -Josejih 
 Jl. ('hoate of Xe\\' York, now andiassadoi' to 
 Creat ISritain. His arguments and his influ- 
 ence contrijiuted lai'gely in pi'eser\-ing the ten- 
 ure of otflce presci^ibed in the original Ctnisti- 
 tution of 1780, and Massachusetts is to-day 
 one of the \-ei^y few States in «hich the judges 
 hold dliiei' during good Jieha\'ior and are ap- 
 ] Klin ted by the go\'ei^nor. 4die decision reached 
 in the ('(institutional Convention of 185.'> was 
 iu fi\'or of linnting the term of otli(;e of subse- 
 i|uently appointed judges to ten yeai's : but the 
 people i^ijected this ( 'onstitution. 
 
 ['pon the establishment of the Supreme 
 (!'ourt of ( 'orniecticut in 1711, the judges were 
 appointed annually by the (.K'ueral Assendjl)', 
 and so coutimied for many years.-'* 
 
 The ('(institution of 1<S1S oi-dained that the 
 judges of the Su]ii'eme Court and of tlie Supe- 
 rioi^ ('ourt should be a[ipointed liy the Cieneral 
 Assemlih', and hold their oHices during good 
 belia\'ior. ddiev \\'ei^e made sulijcet to remo\'al 
 \)\ impcachineid, and it was fui'ther ]iro\'ided 
 that ■■the ( Jo\'eruor shall also I'emove them on 
 the .address of two-thii'ds of the membcl's of 
 each house of the (eaieral Assembly.""' 
 
 Jn ISTM] an amendment to the ( '(institution 
 
 ' Washburn, page 160. 
 
 ■-■ Opinion of the Justices, 3 Gushing. .584. 
 
 -Judicial Hist. Conn. V.Vk lye (189.5). 
 'Conn. Const., Art. 5, Sect. 3. 
 
70 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 way adopted, by which it \vas provided that 
 the juilges should hold office for a term of 
 eight years, but not aftei' attaining the age of 
 seventy yeai-s.' 
 
 In Averment tlie Constitution of 1793 em- 
 powered the General Assend)ly to elect the 
 judges of the Supreme Court, without specify- 
 ing their term of office ; liut l)y a subsequent 
 amendment to the Constitution their term of 
 office was fixed at two years. ^ 
 
 All the judicial officers in New Hampshire 
 are nominated and appointed jjy the Governor 
 aird Council. They hold office during good 
 behavior; hut may he removed by the ({over- 
 nor and Council upon the address of both 
 houses of the legislature.'' 
 
 In Maine all judicial officers hold for the 
 terjii of seven years; Init ma}' be removed by 
 impeachment, or by address of both Ijranclies 
 of the legislature to the executive.'^ The 
 judges are appointed by the (.Tovernor with 
 the advice and consent of the Council. ^ 
 
 The juflges of the 8u})erior Court of .ludica- 
 ture of Rhode Island were chosen ainiually 1jy 
 the Geireral Assembly from its estalTishmeut 
 in 1747.'' 
 
 The Constitution of the "State of Rhode Isl- 
 and and Rro\"idence Rlantations," adopted in 
 184:^, declared that "the judges of the Sujireme 
 Court shall be elected by the is\0 houses in 
 grand comiinttee," and that tliey shall hold 
 their offices until their i)laces "Ije dcclarcil \-a- 
 cant l)y a resolution of tlie ({eneral Assembly 
 to that ettect. . . . l]ut a judge of any 
 
 ' Conn. Const. Amendment, 12. 
 ■' Vt. Const., ch. 2, sect. 9. 
 
 Vt. Const. Amendment, 10. 
 
 Vt. Const. Amendment, 26. 
 3N. H. Const, II, Articles 45. 72. 
 ^ Maine Const. Art. 6, sect. 4. 
 ■• Maine Const. Art. 5, sect. 8. 
 '■ Arnold's Rhode Island, II, 1&7 (3d ed.) 
 ' R. I. Const. Art. 10, sect. 4. 
 ' Declaration of Rights, Art. 30; Const, c. 6, sect. 2. 
 
 coui't shall ])e removed from office if, u[ion im- 
 peachment, he shall be found guilty of any 
 official misdemeanor." ' 
 
 The minute provisions in the Massaclmsetts 
 Constitution of 1780,^ and of other New Eng- 
 land States, prohibiting the holding of incon- 
 sistent public offices by the same person, arose 
 from the abuses of plural offices in the provin- 
 cial period. Tiiere was no law which prevent- 
 ed a man frorji holding as many offices as he 
 could get, and some persons were very success- 
 ful in this line of efibrt. As James Otis said 
 in 1762: "Instances may be found, where a 
 man of abilities shall monopolize a power pro- 
 portionate to all those of Lord Chief Baron of 
 the Exchequer, Lord C'hief Justice of l)oth 
 Ijranches, Lord High Treasurer, and Lord 
 Chancellor of (ireat Britain, united in one 
 single person." Thonras Hutchinson in 17(32 
 was at the same time chief justice, lieutenant- 
 governor, a councillor, and a judge of probate 
 for tlie county of Suttblk. '■' 
 
 The Supreme Judicial Court is the only 
 court of Massachusetts yJiich ranks as a con- 
 stitutional court, in the sense 
 
 1 ,1 1 1- 1 T 1 Section 51. 
 
 that it cannot be al>olished bv 
 
 Constitutional 
 
 the legislature.'" It was estab- and 
 
 lishe.l bv the first constitution Legislative 
 
 Courts. 
 
 of 1780, and is the direct lineal 
 
 successor of the "Supei'ior ( 'ourt of Judicatui'e, 
 Court of rVssize and (ieneral (iaol Delivery," 
 established in 1()99, under the charter of Will- 
 iam and Mary." 
 
 This year (1899), it will complete the second 
 
 '■' Quincy's Mass. Reports, App. I, page 436; 
 Minot's Hist. Mass. II, 79 note; 
 Washburn's Jud. Hist. 160. 
 '" Horace Gray in pamphlet on " The power of the Legis- 
 lature to create and abolish courts of lustice" (Bos- 
 ton, 18.58). 
 " Russell Gray in paper entitled "The Supreme Judicial 
 Court of Massachusetts," 13 Medico-Legal Journal, 
 225, 231 (September, 1895). 
 
THE JUDICIAL SYSTEM OE NEW ENGLAND. 
 
 71 
 
 centiu'v of its cxisti'iice as the lii^licst court of 
 the Province and of tlie C'ouniioiiweaUh. It 
 is prohal)ly the oldest court in tlie United 
 btates, with res[)eci to continuous and un- 
 broken existence. 
 
 All the other State courts of ^Massachusetts 
 have been creatt'd by the lep,islatui-e, an<l may 
 be aliolished liy the le,<iislature. The Proljate 
 Court comes the nearest to liein^ a constitu- 
 tional court. It was in existenc-c ])i'ior to tlie 
 adoption of the ( 'onstitutiou of ITSO, and was 
 I'ccoynized Ijy that instrument. ( ioN'crnor Han- 
 cock issued a ]ii'oclarnation (in No\'ember 2, 
 1780, by which Ihe then judges uf proljate 
 were continued in otHce, and soon aftei'ward 
 he a}i[)ointed and eonnnissioned proltate judges, 
 who continued to transact business until the 
 pa.ssage of the statute of ITS^S, c. 4(1. This 
 statute established the County <'ourts of Pro- 
 fiate. with original Jui'isdiction, and ga\'e a 
 right of appeal to the Supreme Judicial ( 'ourt 
 as the Supreme ( 'ourt of Proljate. Jn the lan- 
 guage of (.'hief .lustice Shaw sustaining the 
 validity of the statute of IS.IS, c. f)-'! : ■■The 
 [iroliate court was a judiciary under the (.'on- 
 stitutiou, and its jurisiliction might be modi- 
 fied, enlarged, diminished or li'ansferred, in 
 tlie same manner as the jurisdiction of all other 
 courts suljordinate to tlie Supreme -Judic'ial 
 Court." ' 
 
 It was cjrdaineil Ijy the original constitution 
 that "The Ceneral Court shall foi^e\'er lia\-e 
 full power and authority to create and cunsti- 
 tute juibcatories and courts of I'ccord, oi' (Jtlier 
 ijourts, gi\'iiig them jurisdietion o\-er all mat- 
 ters criminal oi- ci\'il.'' This powei' to estab- 
 lish courts, coupled with authority to iletine 
 and limit the powers and duties of ci\-il otti- 
 
 ' Russell V. Howe, 1'2 Gray, 147, 153 (1858). 
 
 ■^ Shaw, C. J., Dearborn v. Ames, 8 Gray, 1, 14 (1857). 
 
 ■' Dearborn v. Ames, 8 Gray, 1 ; 
 
 cers. confers upon the legislature the power to 
 fix and limit the jurisdiction of such courts, 
 and tn change, modify and aliolish them at 
 any time. The legislature has fre(|ueiitly ex- 
 ercised this ]iower. The old (_'ourt of Sessions 
 furnishes a striking illustration. "( )i'igiiially 
 composed of all the justices of peact' of the 
 t'ouuty, and invested with a consideiable crim- 
 inal jurisdiction: tlien comjiosed of a smaller 
 luimbei^ of judges : afterwards its judicial ])0w- 
 ers wi'i'c transferred to the C(>urt of ('ommon 
 I'U'as, and its administrati\'e }>owers, lirst to 
 commissioners of higbway, then to county 
 commissioners: and ultimately the entire abo- 
 lition of the Couit of Sessions itself."'- The 
 Court of Common I'leas bad a similar experi- 
 ence. It was established in l.S'Jtl and abol- 
 islie<l in l.So9. 
 
 In Is.ld the legislature estaljlished ('ourts of 
 lnsiil\-ency and transferred to them all the 
 jurisdiction of coiinnissioners of insoh'eucy, by 
 the statute of IS.Ki, c. -JSl. This act was held 
 constitutional by the Su[>reme -Judicial Court 
 in bs.-i7.^ 
 
 The legislature has also established [lolice, 
 district and muuici]ial courts, and has pre- 
 scribed tlieir jurisdiction and powers. Trial 
 b\- jui'V in these lower courts is not reipiired 
 \\\ the Constitution, if the defendant has an 
 unfettered right of apjieal to a highei' court, 
 where trial by jui^y is allnwed."' 
 
 The present Superior ('ourt is the great ti-ial 
 court of the ( 'ouhikjii wealth. Its jurisdiction 
 has been repeatedly enlarged and in it nearly 
 all ti'ials byjury nuw occur. It was established 
 in Is.");). Tu 1 ss;i jurisdiction in e(|uity was 
 I'oiifcrrcil upon the Superior (_'iarrt. In ISST 
 cxclusi\'e original jurisdicf i(Jn in causes of di- 
 
 Opinion of the Justices, 8 Gray, '20. 
 'Jones V. Robbins, 8 Gray, 329. 
 
72 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 vorce and nullity of marriage was given to it; 
 and in 1S91, jurisdiction of eai)ital crimes. 
 The whole trend of recent legislation has been 
 in the direction of increasing the (hities of tliis 
 court, and of relie\-ing the Supreme Judicial 
 Court of trials of fact, in order that the latter 
 may have more time for the consideration and 
 determination of (juestions of law, sitting as a 
 full bench. The .Superior Court has jurisdic- 
 tion throughout the Connnonwealth, and the 
 judges are not confined to one county, ])ut sit 
 by turns in all the counties, as arranged Ijy 
 the judges tliernselves. 
 
 Until 177^ judicial salaries in Massachusetts 
 were determined l)y the legislature, and were 
 
 Section 52. ^•'^''■y «™"I1 ='"f^ ^^'""^^ '^'^■^'^^^1 
 
 Judicial changed, and sometimes re- 
 
 Salaries. ,hu'ed in amount, in order to 
 
 show the legislature's disai)probation of judi- 
 cial action. .Judge William Hawthorn of Sa- 
 lem, who is described by W'ashjjurn as a. man 
 "of great influence in the Colony," received 
 the nuniiticent sum of fifty pounds in 17(1:^ for 
 a year's salary. In 174cS the five judges of the 
 Superior Court recei^'ed less than %:V)'^) each. 
 In Governor Ilutchinsoji's time the salaries 
 were about one hundred and twenty pounils 
 sterling, with a small allowance for ti'a\'elling 
 expenses. ' 
 
 In 1772, the ISritish government endeavored 
 to conciliate the Massachusetts judges of tlie 
 Supeiior Court liy increasing their salaries and 
 l)y jiaying them out of the royal treasury, 
 instead of out of the Pro\-ince treasury. The 
 salary of the chief justice was raised from 
 two linndre<l pounds to foui' hundi-ed p(.)unds, 
 and tlial of the associate judges fi-oni one hun- 
 dred and sixty jiounils to two hundred pounds 
 each. The colonists, however, suspected a 
 
 'Washburn, 23, IGO, IGl; 
 Hutchinson, II, .376 note (2d ed.) 
 
 sinister motive in this change, and the meas- 
 ure became very unpo])ular and aroused so 
 much o}iposition tliat all the judges, except 
 Chief .Justice Oliver, refused to accept salaries 
 from tiie Crown.- 
 
 Chief Justice Oliver excused his conduct in 
 accepting a larger salary from the Crown, up- 
 on the ground that his salary of two hundred 
 }iounds allowed by the Province was too small 
 to live upon, and that wliile he had held the 
 office he had expended three thousand })Ounds 
 in excess of his salary. This excuse, however, 
 did not satisfy the House of Jte})resentatives, 
 and in their impeachment proceedings against 
 Oliver one of the charges against him was his 
 action upon this ipiestion. The Council, to 
 \\diom these articles of impeachment were pre- 
 sented, never acted upon the matter, however, 
 for the reason that (lOvernor Hutchinson re- 
 fused to preside, contending that the Council 
 was without jurisdiction to try imjieachments, 
 and the jiower of the Council to proceed in 
 the governr)r's alisence was at least doulitful.-' 
 
 Upon the ado[)tion of the ('onstitution of 
 Massachusetts in 171^<1, the Su]ierior Court he- 
 came the Suiireme Judicial Court, and has 
 continued to tlie present time to Ije the high- 
 est court of law and e(puty and probate in the 
 Connnonwealth. On Feljnurry 12, 17S1, the 
 legislatiu'e enacted tliatthe salai'ies of the jus- 
 tices of tliis court should J)e thret' bundre<l and 
 twenty pounds for the chief justice, and three 
 hundred pounds for each of the associate jus- 
 tices })er year, to Ije ''computed in sih'C]' at six 
 shillings and eight pence per ounce, and [)ay- 
 able either in sih'er or bills of crt'ilit e<juiva- 
 lent thereto." 
 
 The judges of the lower courts were not [laid 
 salaries, but merely fees for ser\'ices actually 
 
 -Washburn, 1(10, 162. 
 •'Washburn, 161, 162. 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 
 
 73 
 
 performed, for upward of forty years fullowing 
 the adoption of the Constitution. It was not 
 until 1821 tliat the judges of tlie Court of 
 Common Pleas were paid salaries, and not un- 
 til 1X24 that salaries were estal:)lished hy stat- 
 ute for the judges of the Proljate Courts. ' 
 
 Sinee Massaehusetts became a State, only 
 one attempt to reduee the salary of the judges 
 of the Supreme Judicial Court has been made 
 by the legislature. In lS4o, a statute was 
 passed for that i)urpose; jjut Cliief .Justice 
 Shaw lielcl it unconstitutional, and refused to 
 accept any salary until the legislature repealed 
 the act in 1,S44. The 29th Article of tbe 
 Declaration of Rights ordains tliat these 
 judges "should have lionoraljle salaries ascer- 
 tained and estal^lished by standing laws." 
 
 Tlie judges in tlie other New England States 
 were no Ijetter paid than in Massachusetts. 
 In 1702 the judges of tbe Cf)unty (^'ourts of 
 Connecticut received the large and munificent 
 sum of seven shillings a day while holding- 
 court. In 175<J the fees of the cliief judge of 
 the Su[)erior Court had advanced to twelve 
 shillings a day, ^\dlile the assistant judges re- 
 ceived nine shillings a day. In 1787 tlie chief 
 justice was paid an annual salary of seven 
 hundi'ed and fifty dollars, ami the associate 
 judges of tbe higliest court, an annual salary 
 of six liundred and sixty-seven dollars each, 
 "in lieu of day wages and ex})enses, except 
 dining expenses for the court." - It is to be 
 hoped that the judges dined well! 
 
 In 1665 the judges of the General Court of 
 Rhofle Island were allowed tliree shillings a 
 day for attendance at court, and foi'fiMled six 
 shillings a day if absent without sutti<-icnt cx- 
 
 ' " Power of the Legislature to create and abolish Courts 
 of Justice," 10-13, by Horace Gray (1858); 
 
 Mass. St. 1820, c. 79, sect. 10, 11; 
 
 Mass. St. 1823, c. 141, sect. 1. 
 -Judicial Hist. Conn. 180. 
 
 cuse, and eacli absentee was subjected to a tine 
 ol Hve pounds in cast' no (|uoruiii ajipeaivd at 
 court. In 1695 the assistants received four 
 pounds eacli annually, tbe deputy governor 
 li\'e j)Ounds, and the governor ten jiounds, for 
 all their duties to the ('olony, judicial and 
 otlierwise combined. ' 
 
 The judges of the higher couit until 1783 
 did not ix'ceive salaries, but mer(4y a. small 
 per diem for actual attendance and a share of 
 the fees paid by litigants. Since 178;), they 
 have generally received salaries. In 1S22 the 
 chief justice of the bighest court in Rhode Isl- 
 and received only $250 a year, and the asso- 
 ciates |200 ea(di.4 
 
 l>y the laws of New England, women 
 
 whether married or unmarried, have never 
 
 been alloweil to oHiciate as 
 
 judges in the courts of justice. Section 53. 
 
 Women 
 This ruu' accords with the a^ Judges, 
 
 English law. The nearest ap- Notaries Public 
 
 and Justices 
 
 })r(>acli to a \\'oiiian judge was of tlie Peace. 
 
 probalily the celeljrated Anne, 
 Countess of Pembroke, Dor.^et and ]Montgoiii- 
 ery, who held the ofKce of hereditary sherilf of 
 Westmoreland in the seventeenth century, and 
 who, upon tbe authority of Butler's note to 
 Coke on Littleton, discharged the duties of 
 sbei'itf in persdu, ami at the Aj)plel)y assizes 
 sat with the judges on the l)ench.-' Although 
 the duties of sheriff ^\■ere partly judicial, it is 
 moie tlian jirobable that her sitting uj)on the 
 bench was by invitation of tlie judges, and not 
 ill discharge of any judicial functions.'' 
 
 Within recent years the right of women to 
 ser\'e as justices (if tbe peace and notaries juilj- 
 lic has received some attention ti'inii the legis- 
 
 '■ Thomas Durfee in 4 New England States, 2367. 
 J Thomas Durfee in 4 New England States, 2387. 
 '■ Coke on Littleton, 326 a, note 280. 
 
 "Gray, C. J., in Robinson's Case, 131 Mass. 376. 378, cit- 
 ing 4 Craik's Romance of the Peerage, 162. 
 
74 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 latures and courts. In June, 1871, the opin- 
 ion of the justices of the Supreme Judicial 
 Court of ]Massachusetts \vas requested by the 
 Governor and Council u])On the (juestion of 
 the legal validity of the appointment of a wo- 
 man as justice of the peace. Chief Justice 
 Chapman and Justices Cray, Wells, Colt, 
 Ames and Morton, replied in the negative for 
 the following reasons: "By the Constitution 
 of the Commonwealth, the office of justice of 
 the peace is a judicial ofKce, and must be ex- 
 ercised by the officer in person, ami a woman, 
 whether married or unmarried, cannot be ap- 
 pointed to such an office. The law of Massa- 
 chusetts at the time of the adoption of the 
 Constitution, the whole frame and ])urport of 
 the instrument itself, and the universal under- 
 standing and unbroken practical construction 
 for the greater jiart of a century afterwards, 
 all support this conclusion, and are inconsist- 
 ent with any other. It follows tliat, if a wo- 
 man should be formally appointed and com- 
 missioned as a justice of the peace, she could 
 have no constitutional or legal authority to 
 exercise any of the functions appertaining to 
 that office." ' 
 
 Similar view's liave Ijeen expresse<l with re- 
 lation to women acting as notaries puljlic. 
 
 ' Opinion of the Justices, 107 Mass. 604. 
 -Opinion of the Justices, 150 Mass. 586. 
 
 Although in Massachusetts the office of notary 
 public is not judicial in its nature, it is never- 
 theless a public office, the duties of which 
 must Ije performed by the notary personally 
 and cannot be performed by deputy, and a 
 record must be kept of some of his official acts. 
 In March, 1890, it was accordingly stated by the 
 justices of the Supreme Judicial Court, in an- 
 swer to a cpiestion propounded by the Governor 
 and Council, that, under the existing statutes, 
 a woman could not lawfully be appointed a no- 
 tary public. 2 In April, 1896, the further 
 opinion was expressed Ijy the justices, in reply 
 to a request of the House of Representati\'es, 
 that the legislature had not the constitutional 
 power to authorize the Governor, Ijy and with 
 the advice and consent of the Council, to ap- 
 point women notaries public.'' 
 
 In ]\Iaine it has also been held by a majority 
 of the justices of the Supreme Judicial Court, 
 consisting of Chief Justice Aj)jJeton and Jus- 
 tices Cutting, I)anforth, A'irgin and Peters, 
 tliat under the constitution a Moman could not 
 lawfully be appointed a justice of the peace, 
 because it \'\-as a judicial office, wliich could lie 
 filled only l)y a man. Justices Walton, Dicker- 
 son and Harrows, ho\\'ever, dissented.^ 
 
 ' Opinion of the Justices, 165 Mass. 599. 
 
 * Opinion of the Justices, 63 Maine 590 (1874), 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 
 
 75 
 
 CHAPTER VI. 
 
 THE JURY AND GRAND JURY. 
 
 The powers;, duties ami lienetits of the Jury 
 
 and graud jury were well understood and aji- 
 
 i.)reeiated I IV the tirst settlers of 
 Section 54. 
 
 Early Juries New England. Indictment hy 
 
 and grand jui-y and trial by petty 
 
 Qrand Juries. " . ' 
 
 jury were recognized as funda- 
 mental rights of iMiglishmen. In all the New 
 England colonies, with a single exception for 
 a short period, they were early employed. 
 The jirry generally consisted of twelve men 
 selected from the hoily of the commurnty, and 
 sworn to decide anyilisputed matter of fact l>y 
 judging upon evidence hiv\fully su];imitte<l to 
 them ; and conformed sulistantially to the 
 definition given hy Thomas .Starkie in his 
 well-kno\\'n article on Ti'ial Ijy -lury, puldished 
 in the Law Review for August, lcS4o. The 
 graml jury generally consisted of twelve to 
 twenty-four men. 
 
 In Plymouth Plantation we iind the tii'st 
 use of the jury and of the grand jury. On 
 Decenilier 27, 1()'2;5, it was enacteil by Plym- 
 outh Colony tliat "all criminal facts and also 
 all matters of tresijasses and debts between 
 man and rnan, shoulil be tried by tlie verdict 
 of twelve lionest men, to be impanelled by au- 
 thority, in form of a jui-y, u[)on tlieir oath." 
 Up to this time all trials hail been hebl by the 
 whole liody of freemen.' 
 
 In 16:30 the grand jury of Plymouth Plant- 
 ation indicted .John Billington for the mui-iler 
 
 1 Goodwin's Pilgrim Republic, 251. 
 
 2 Bradford's Plymouth, 329, 330 (ed. 1898); 
 Savage's Winthrop, I, 43. 
 
 •'Savage's Winthrop, I, 64. 
 •* Washburn, 44. 
 
 of -lohn Ne\\'Comen ; and he was suhsequently 
 tried by a petty jury, found guilty and ex- 
 ecuted. -' 
 
 In IBol a jury trial occurred at Boston in 
 the civil action of Dexter \'. Endicotf. ■' 
 
 In IBo.'i an indictment was framed against 
 ('a[)tain Stone on the charge of adultery ; but 
 the "great jury" returned no bill under the 
 form of " ignoramus." "* 
 
 Arthur Peach, Tliomas Jackson and Richard 
 Stinnings were tried liya jury of Plymoutli in 
 Ki.'iS for the murder of an Indian, and were 
 all fiiund guilty and hung." 
 
 According to (lovernor AVTnthrop, the first 
 grand jury in the Massachusetts Plantation 
 was in Septerrdier, ]l).'35, "who presented above 
 one hundred offences, and among others, some 
 iif the magistrates." ^ 
 
 Ihdibard corroborates \\'iidlnop upon the 
 time, Sejitember, l(i;)0, and adds: "It had 
 been well that all following juries bad Iieen as 
 i|uicksighted ; it might ha\'e prevente<l a great 
 lunuber of e\-ils that ai'e ready to lireak out in 
 e\'ery place by men l)orn in sin, unless it be 
 liy due severity proN'idt'il against." '' 
 
 Aftei- l().'!o all ciiminal pi'osecutions in this 
 < nlony seem to ha\e been based upon the in- 
 ijuest or in<lictment nf a grand jui'v.*^ 
 
 Thomas Leckfoj'd in his l)0(.)k eiditled "Plain 
 Dealing, or News fi-om New iMigland," ])ub- 
 HsIkmI in 1 642, thus describes tlie svstem then 
 
 '' Bradford's Plymouth (ed. 1898), 432-43.5. 
 'Savage's Winthrop, I, 198. 
 " Hubbard's New England, l.'jg (ed. 1848). 
 ^Washburn, 44; Hubbard, 1.59. 
 
76 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 in use. "Twice, a year, in the said great quar- 
 ter courts, lield before tlie general courts, are 
 two grand juries sworn for tlie jurisdiction, 
 one for one court, and the otlier for the other; 
 and they are charged to inquire and present 
 offences reduced I))' tiie Governor, who gives 
 the charge, most on end, under the heads of 
 the ten commandments." ' 
 
 At the time of the settlement of New Eng- 
 land, the grand jury was an informing and 
 accusing tribunal, without whose previous 
 action no i)erson charged with a felony could 
 be tried, except in a few sjiecial cases. "And 
 in the struggles which at times arose in Eng- 
 land between the powers of the king and the 
 rights of the subject, it often stood as a barrier 
 against persecution in his name ; until, at 
 length, it came to be regarded as an institu- 
 tion by which the subject was rendered secure 
 against oppression from unfounded prosecu- 
 tions of the crown. In this country from the 
 popular character of our institutions, there lias 
 seldom been any contest between the govern- 
 ment and the citizen which required the exist- 
 ence of the grand jury as a protection against 
 oppressive action of the government. Yet the 
 institution was adopted in this country, and is 
 continued from considerations similar to those 
 wliich give to it its chief value in England, 
 and is designed as a means, not only of l^ring- 
 ing to trial persons accused of public offences 
 upon just grounds, but also as a means of pro- 
 tecting the citizen against unfounded accusa- 
 tion, whether it comes from government, or l)e 
 prompted Ijy partisan passion or pri\'ate en- 
 mity. No person shall Ije required, according 
 to the fundamental law of the country, exce[)t 
 
 in the cases mentioned, to answer for any of 
 the higher crimes unless this body, consisting 
 of not less than sixteen nor more than twenty- 
 three good and lawful men, selected from the 
 body of the <listrict, shall declare, u]ion care- 
 ful deliberation, under the solemnity of an 
 oath, that there is good reason for his accusa- 
 tion and trial." "- 
 
 In 1644 occurred the famous jury trial at 
 Boston before all the magistrates, in which 
 Lady La Tour recovered a verdict of two thou- 
 sand pounds for delay in her voyage at sea.^ 
 
 In 1(339, quarterly trials by a jury of twelve 
 men -were provided for in Rhode Island. -^ 
 
 In Connecticut it was enacted as early as 
 1643 that a grand jury of twelve or fourteen 
 able men should be warned to appear at court 
 in yeptember of eacii year, or whenever the 
 governor or court should find it necessary. 
 Shortly after 1666, wdien the county courts 
 were established, tlie grand jury met annually 
 at the County Court in each of the four eouu- 
 ties.'" Trial l)y jury is "co-eval with our gov- 
 ernment," according to .ludge Swift of Con- 
 necticut, and is "one of the most valuable 
 privileges that can be enjoyed in civil society, 
 and essential to the preservation of civil lib- 
 erty." « 
 
 During the Ijrief existence (if New Haven as 
 a distinct colony, which ceased by union with 
 Connecticut in 1664, trial liy jury was not al- 
 lowed. Moses had not instituted or permitted 
 trial by jury, and the strict followers of the 
 Bilile who made tlie laws of New Llaven, pre- 
 ferred \\w ancient law-giver to any modern 
 one. In this respect New Haven stood alone ; "^ 
 and carried the views of Moses nuicli further 
 
 ' Quoted in Savage's Winthrop, II, 44. 
 
 ■^ Field, J., in charge to grand jury, 2 Sawyer, 667. 
 
 3 Savage's Winthrop, I, 247, 248. 
 
 4 Arnold's Rhode Island, 13.5. 
 
 ■^Judicial Hist. Conn. 171, 172. 
 
 « Swift's System, II. 230. 
 
 ' Jud. Hist. Conn. 68, 163 (1895), 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 
 
 77 
 
 than the other New Enghind colonies, all of 
 which not only practised trial by jnry but re- 
 garded this form of trial as essential to liherty. 
 
 Non-church niemliers were not allowed for 
 some years to serve as jurors in Massachusetts 
 Bay, and only members of the Puritan church 
 were eligilile to jury service. 
 
 In 1(J6"2 this practice was [iroliil)ited Ijy 
 royal command, and in lliGo it was aban- 
 doned. ^ 
 
 A peculiar provision in the early law of 
 jury trial was that \\'liich allowed tbe jury, or 
 any one of the jurors, to consult with and re- 
 ceive advice from any person who happened 
 to be in court at the time. In l(i41 it was ex- 
 pressly enacted in the Massachusetts Body of 
 Liberties, article 7(i, that: "Whensoever any 
 jurie of trialls or -lurours are not cleare in 
 their judgements iir consciences conserneing 
 any cause wherein they are to gi\'e their ver- 
 dict, they shall have libertie in 0})en court to 
 advise \<\\\\ any man they tliiuke fitt to re- 
 solve or direct them, before they give in their 
 verdict." ^ 
 
 Article -29 of the Body of Libertits of 1641 
 allowed the plaintiff and defendant liy mutual 
 consent to choose whether the action should 
 be tried Ijv "the Bench or by a .lurie, unless 
 it be where the law upon just reason hath 
 otherwise determineiL" 
 
 In the seventeenth century, trial by jury 
 
 seems to have Ijeen the ordinai'v foi'm of trial 
 
 — in criminal as well as in 
 Section 55. 
 
 The Right civil matters — in e<juity as well 
 
 of Trial by .^t; in common law })r()ceedings, 
 Jury. 
 
 except when the amount ni- 
 
 volved was small. Thomas Leckfnrd states in 
 his "Plain Dealing, or News from New Eng- 
 
 land," [)ul)lislied ill 1642, that "matters of 
 debt, trespass, and upon tlie case, and equity, 
 yea, and of heresy also, are tried by a .jui-y." 
 E\'en the admiralty courts, wdien exercising 
 criminal jurisdiction employed juries. In 
 1717, a famous trial by jury of ])irates oc- 
 curi'cd in Boston, in a special court of admi- 
 i-alty convened for this i)urpose. The jury 
 found six of the pirates guilty, and they were 
 executed on Novt'iuber 15, 1717.'' 
 
 When only a small sum \^'as involved in a 
 civil action, trial by jury was not allowed. 
 In ('onnecticut it was enacted in 1644 that 
 actions under forty shillings should be tried 
 by a t'ourt of magistrates witliout a jury. "In 
 Kilil) jurisdiction of these cases was ti'ansferred 
 to an assistant or a commissioner with the 
 selectmen of the t(i\A-n, the aggrieved party 
 lia\'ing lilierty of review to tlic next County 
 (_'ourt: and in 1702 it was vested in an assist- 
 ant oi' justice of the peace. In 1717 no ajjpeal 
 was allowed under ten shillings: in 1724 the 
 limit was extended to twenty shillings: and 
 in 17o6 if del)t was due l)y l:)ond, etc., and did 
 not exceed foi'ty shillings, no appeal was al- 
 lowed. In 1767 the jurisdiction of a single 
 magistrate was raised to five [)ouu<ls, and two 
 years later the right of appeal in such cases 
 was taken away." ■* 
 
 The Constitution of tlie United States as 
 originally ado[ited ilid not secure the right 
 of trial by jui'y in civil cast's; but by the 
 se\-enth amendment to tlie (Jonstifutidu it is 
 ordained: "In suits at common law, where 
 the value in controversy shall exceed twenty 
 dollai's, the rigid of tilal by jury shall be pre- 
 ser\'eil." This [ii'o\'ision applies to trials in 
 the courts of the United States, but not to 
 
 ' Hutchinson, I, 30; 
 Leckford's Plain Dealing; 
 Savage's Winthrop, II, 209 note. 
 
 -Thomas, J., in Commonwealth v. Anthes, .5 Gray, 276. 
 
 ■'Hutchinson (2d ed.), II, 22:3 note. 
 
 ■* Carpenter, J., in Curtis v. Gill, 34 Conn. 49, .55. 
 
78 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 trials ill the State courts. The States liave 
 tlie power to reguhite or al)olish trials by jury 
 in their own courts, unrestrained hy the Fed- 
 eral Constitution. .lury trial is not a [)rivi- 
 lege or immunity of national citizeiisliip which 
 the States are forliidden to al)ridge liy the four- 
 teenth ameiKbnent to the Constitution. The 
 right may i)e waived l)y consent of parties in 
 the Federal courts; Ixit a territorial statute 
 prohibiting trial by jury is null and void.' 
 
 The Constitutions of all tlie New England 
 States protect the right of trial by jury, and 
 declare in ditferent forms that this right sliall 
 remain imdolate, or sacred, or shall jje pre- 
 served. 
 
 There are, however, many ways in which 
 tlie legislature may affect and change trial Ijy 
 jury without violating the fundamental light. 
 It may, for instance, enlarge tlie jurisiliction 
 of a lower court where a jury trial is not al- 
 lowed, and require an ap})eal ])ond to Ije given 
 by the unsuccessful party, Ijefore a jury trial 
 can l)e olitained in the higher court, in crim- 
 inal as well as in civil cases; - l)ut not for an 
 unreasonalile amount.^ 
 
 So, likewise, the legislature may rei)eal a 
 statute which allows a secoml jury trial as of 
 course.^ It may also require a party who desires 
 a jury trial to claim it in court within a certain 
 reasonal)le time, or lose the right.' The court 
 
 may adopt and enforce a rule ref|uiring the 
 defendant in certain classes of cases to file an 
 affidavit of defence, or lose his right to a jury 
 trial.'' A statute is constitutional which pro- 
 vides that after a party has been defaulted in 
 <.-ourt, judgment may be rendered against him 
 without trial by jury." 
 
 The right of a trial l.iy jury does not extend 
 to matters of probate. Neither in the Probate 
 Court itself, nor on a|)peal thei'efrom, has a 
 party a constitutional right to a jury.* The 
 same is true witli respect to suits in the Courts 
 of Chancery, Iiecause they proceed according 
 to the civil law and not strictly accor(hng to 
 the common law.^ 
 
 E\-eii in common law proceedings, a jury 
 need not in cases involving small amounts 
 consist of twelve men. 
 
 Under the Connecticut statutes relating to 
 trials ])efore a justice of the ])eace for small 
 amounts, a jury may consist of six electors 
 without violating tlie Constitution.'" In Ver- 
 mont, in a suit before a justice of the peace, 
 either party has a rig] it Ijy statute to demand 
 a trial by a jury of six persons." 
 
 In New Hampshire and some other States, 
 the courts lia\-e expressed tlie o[iinion that un- 
 der the State (.'onstitution a jury cannot con- 
 sist of less than twelve men, and tliat a statute 
 providing for atrial by less than twelve in anv 
 
 ' Parsons v. Armor, 3 Peters, 413; 
 
 Barron v. Baltimore, 7 Peters, 247; 
 
 Webster V. Reid, 11 Howard, 437; 
 
 Edwards V. Elliott, 31 Wallace, .533; 
 
 Walker v. Sauvinet, 93 U. S. 90; 
 
 Colt V. Eves, 12 Conn. 243. 
 'Beers v. Beers, 4 Conn. 535 (1823); 
 
 State V. Brennan, 25 Conn. 378 (1856) ; 
 
 Jones V. Robbins, 8 Gray, 829 (1857); 
 
 Hapgood V. Doherty, 8 Gray, 373. 
 ■'Greene v. Briggs, 1 Curtis C. C. 311 (1852). 
 ^ Matthews v. Tripp, 13 R. I. 356 (1879). 
 ' Foster v. Morse, 133 Mass. 854 (1882). 
 sjones V. Spear, 21 Vt. 426 (1849). 
 
 'Commonwealth v. Whitney, 108 Mass 5; Hunt v. Lu- 
 cas. 99 Mass. 40 1. 
 » Weed's appeal, 35 Conn. 452 (1868); 
 
 Piper V. Clark, 18 N. H. 415. 
 "Rossv. New Eng. Mut. Ins. Co., 120 Mass. 113 (1876); 
 Charles River Bridge v. Warren Bridge, 7 Pick. 344, 
 
 369 (1829); 
 Powers V. Raymond, 137 Mass. 483 (1884); 
 Plimpton V. Somerset, 38 Vt. 283, 290 (1860); 
 Bellows V. Bellows, 58 N. H. 60. 
 '"Colt V. Eves, 13 Conn. 243, 252, 2.53 (1837); 
 
 Curtis V. Gill, 31 Conn. 49(1867); 
 " Vermont Statutes, 1894, section 1290; 
 Brown v. Irwin, 21 Vt. 68 (1848). 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 
 
 79 
 
 case where the Constitution <;ives the party a 
 right to a trial by jury, is unconstitutional 
 and void.i 
 
 While slavery existed, a fugitix'C slave had 
 no constitutional right to a trial ))y jury, e\'('n 
 in a free State.- But if a slave was l.irought 
 into a free State Ijy his master or came into 
 such State without lun-ing escajied from a 
 State whei'C he o\^'ed labor or service, he coulil 
 not be reclaimed Ijy the mastt'i' under judicial 
 proceedings, but would be given his liberty on 
 habeas corpus.^ 
 
 In A'ermont it has l;)een held that trial by 
 jurv is not a eonstitutional right in actions iin 
 Ijook account : •• nor in proceedings by trustt'c 
 process:'^ nor in the trial of ])etty offences ; '' 
 nor in proceedings for laying out high\\ays 
 and assessing damages therefor;' nor, wliere 
 the issue is trieil liy the cnurt, lias either party 
 a constitutional right to have tlie damages as- 
 sessed by a jury.^ 
 
 By statute in Connecticut if tlie defendant 
 submits to a default in an action for uidiqui- 
 dated damages, the plaintitf has no right to 
 have the damages assessed l)y a jury, and in 
 practice the damages are unif)riidy assessed 
 by the court alone.'' Upon the assessmeut by 
 the court, the di.'fendant is allowed to show- 
 any matter \\']iich has a tendi.'ucy to I'cducc 
 the darjiages to a nouunal sum, e\-en cou- 
 triljutorv negligence on the jiai't of the plaiu- 
 |j[f 10 'pij,- result is that in certain classes (jf 
 cases, j)articularly for pei-soiiai injuries, tlie 
 amounts recovcriMl are ver\' sniall. and uiany 
 
 1 Opinion of the Justices, 41 N. H. 550 (1800). 
 - Sim's case, 7 Gushing, 285 (1851); 
 
 Pngg V. Pennsylvania, 16 Peters, 539. 
 • Commonwealth v. Aves, 18 Pick. 193. 
 
 Commonwealth v. Fitzgerald, 7 Law Reporter (Mass.) 
 379. 
 ■■Plimpton V, Somerset, 33 Vt. 283, 290, 391. 
 '• Huntington v. Bishop, 5 Vt. 80. 
 '' State V. Conlin, 27 Vt. 318. 
 ' Gold V. Vt. Central Ry., 19 Vt. 478. 
 
 of such actions are l)rought in Massachusetts 
 and other neighboi'ing States, in order to oli- 
 tain an assessment of damages l.iy a jury. ^^ 
 
 This ('onnecticut practic(', is a sul)Stantial 
 restriction upon the right of tiial l)y jury, and 
 is of doubtful constitutionality. It is not only 
 a bai'dship upon the citizens of (.'omiecticut, 
 but also places the liui'den and expense upon 
 other States of tiwing cases which ought to 
 l)e }ir(.iperly ti'ied in (.'omiecticut. 'Jdie prac- 
 tice is an ancient one in that State, and was 
 first introduceil hy the courts, without the 
 authority of a statute.'- In the Colony of New 
 Haven, trial by jury was not allowed by law, 
 and perhaps this circumstance explains the 
 [)resent practice. I>y a general order of Con- 
 necticut passed in 1(J44, the I'articular Court, 
 if they conceived that the jury had not pro- 
 ceeded according to tlie evidence, were au- 
 thorized to "vary and alter the damages 
 given in by the jury as they should judge 
 most eijual and righteous." '■' 
 
 The Fifth ,\men(liiieiit til the Constitution 
 of the I'liited States provides that "no person 
 
 shall be held to answer for a 
 
 Section 56. 
 capital ,ir otherwise nifunous Constitutional 
 ci'inii', unless on a presentment Right to 
 
 or indictment of a grand jury. 
 
 Indictment by 
 
 or iiiuKiiiniii ". .. s"'"" .!-■.■• Grand Jury. 
 
 excepting cases in the army 
 and na\'y. 
 
 In the Federal Courts this pro\-ision consti- 
 tutes a jurisdictional rei|uireuient, which must 
 be strictly regai'iled and enforced in fa\'or of 
 tlK:- libertv of the citizen. '-^ 'riiough the insti- 
 
 ^ Brown v. Irwin, 21 Vt. 68. 
 
 ■' Conn. Gen. Statutes, 1888. sect. 1106; 
 
 Raymond v. Danbury etc. Ry., 43 Conn. 596, 598. 
 '" Daily v. New York etc. Ry., 33 Conn. 356; 
 
 Gary v. Day, 36 Conn. 152. 
 11 Higgins V. Central N. E. Ry., 155 Mass. 170, 183. 
 '■-■Swift's System, II, 208. 
 
 '■■ William Hamersley. in New England States, I, 470. 
 'J Ex parte Bain, 121 U. S. 1. 
 
80 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 tutioii of the grand jury be no longer necessary 
 to protect the individual from the oppression 
 of a monarcli, it is still useful and valuable to 
 protect him "from an open and public accusa- 
 tion of crime, and from tlie trouble, ex})ense 
 and anxiety of a })ublic trial before a probable 
 cause is established," and "against hasty, ma- 
 licious and oppressive puldic prosecutirms." i 
 
 The Fifth Amendment, however, does not 
 apply to trials in the Htate courts, and the 
 States have the })0wer to change or abolish the 
 grand jury. 2 
 
 The constitutional riglit to indictrjient by 
 grand jury was thoroughly <liscussed Ijy Chief 
 Justice Shaw in the judguient of the majority, 
 and by Judge Merrick in a dissenting opinion, 
 in the leading case of Jones v. Robbins, 8 Gray, 
 329, decided in 1857. The Massjichusetts stat- 
 ute of 1855, c. 448, authorized a single magis- 
 trate to try offences punishalde by imprison- 
 ment in the State prison, without pre\'ious 
 indictment or presentment liy a gi'and jurv. 
 Under this act, one Henry Jones was tried and 
 sentenced by tlie police courtof Boston, and then 
 petitioned fora writ oilMhcascorpuK. It was held 
 by tlie Supreme .ludicial (.'ourt that this statute 
 was contrary to "the law of the lamf " ordained 
 by the twelfth article of the Alassacliusetts Dec- 
 laration of lliglits, and tliat the prisoner was 
 entitleil to a discharge, Ijccause he liad been put 
 out of tlie })rotection of the law and de])ri\'ed of 
 his liberty, without an indictment Ijy a gran<l 
 jury. "These fei'ms, in tliis connection," said 
 (Jhief Justice Shaw, "cannot, we think, be used 
 in their most bald and literal sense to mean the 
 law of the land at the time of trial: liecause 
 tlie laws may lie sliaped and altered by tlie 
 
 legislature from time to time ; and such a pro- 
 vision, intended to }»rohibit the making of any 
 law impairing the ancient rights and liberties 
 of the subject, would under such a construction 
 be nugatory and void. Tlie legislature might 
 simply change the law by statute, and tlius 
 remove the landmark ami the liarrier intended 
 to be set up by this provision in the Bill of 
 Rights. It must therefore have intended the 
 ancient established law and course of legal 
 proceedings, liy an adherence to which our an- 
 cestors in England before the settlement of 
 tliis country, and the emigrants themselves 
 and their descendants, had found safety for 
 their personal rights."'^ 
 
 Shortly after this judgment, the legislature 
 repealed the act of 1855 by the act of 1857, 
 c. 157. Tlic doctrine of Jones v. Robbins has 
 been affirmed and re-afKrmeil in later cases.* 
 
 In 1884, however, the same question came 
 l.iefore the Supreme Court of tlie United States, 
 with res[iect to the equivalent phrase "due 
 process of law" in the fourteenth amendment; 
 and that court decided that presentment by 
 a grand jury was not essential to due process 
 of law in a prosecution liy a State for murder.^ 
 
 The ie(piirement of a unanimous verdict of 
 tlie jury has occasionally jjeen disjiensed M'ith in 
 
 New Eniiland. (lovernor AVin- 
 
 Section 57. 
 
 tliro}i records an instance of Unanimity 
 this in 1639. One Marmaduke ° """^^ 
 
 Percy of Salem was indicted for tlie murder of 
 liis apiirentice; and at his trial before the 
 Court of Assistants, the jury of life and death 
 could not agree upon a \'erilict. The case was 
 continued to the next term of court, where 
 further evidence was introduceil, a]iparently 
 
 ' Shaw, C. J., in Jones v. Robbins, 8 Gray, a29, 344. 
 ■' Hurtado v. California, 110 U. S. ■'516; 
 Commonwealth v. Hitchings, 5 Gray, 485. 
 ■Jones V. Robbins, 8 Gray, 329, 342, 343. 
 
 ^Nolan's case, 122 Mass. 330 (1877); 
 Commonwealth v. Horregan. 127 Mass. 450 (1879). 
 ' Hurtado v. California, 110 U. S. 516. 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 
 
 81 
 
 Ijefore tlie snnie jury. Tt'ii jurors fiiv(U'C(l a 
 verdict of iR-(|uittal, but two jurors dissented. 
 Finally the two di.ssenters remained silent, 
 and the verdiet of the rest was accepted, and 
 the prisoner discharged.^ 
 
 In England, the courts resorted to cruel 
 methods to comjiel the Jury to agree upon a 
 verdict. .Jurors were kept "without meat or 
 drink, fire or candle," and were dragged at the 
 cart's tail over the circuit, until they agreed, 
 or the panel was liroken liy the death of one 
 of the sutterei-s. In New England, coersive 
 measures were never practised. If tlie jury 
 reported a ilisagreement, the court had the 
 power to send them out once or twiet' for fur- 
 ther consideration; l:>ut if no agreement was 
 then reached, the court took Ijack the papers 
 and discharged the jury.- 
 
 The courts of Xe\\' England liave, however, 
 exerted a "moral suasion" over the min(jrity 
 to induce them to agree witli the ruajority 
 of the jury. In a criminal case tried in 
 Massachusetts, after the jui'V had l)een out for 
 sex'eral hours, the judge sent for tlieui and 
 insti'ucted them in substance tliat if any of tlie 
 jurors differed from a large number of their 
 fellows, such ilifference of opinion should in- 
 duce the minority to doubt the coi'rectness of 
 their owu judgment, and lead tliem to are-ex- 
 amination and closer sei'utiny of the facts in 
 the case, for the purjiose of revising and recon- 
 siilering tlnar preconcei\'ed opinions. The 
 jury retired and afterward returned a \'erdict 
 of guilty. Tlie Supreme -Judicial (Jourt decid- 
 ed that such instructions wei'e i)roper, and no 
 ground for a new trial.-' 
 
 In Ojnneeticut it was taiacted in l<i44 tliat 
 
 a verdict might be rendered by two-tliii'ds of 
 
 ' Savage's Winthrop, I, 884. 
 
 2 Swift's System, II, 259. 
 
 ■= Commonwealth V. Tuey, 8 Gushing, 1 (1851). 
 
 J Jud. Hist. Conn. 163 (1895). 
 
 the .jury, and the same statute declared that 
 the jury might consist of eithei' twelve or six 
 men, as directed by the court. In 1655, it was 
 provided by statute that if the [)ai'ties to a civil 
 cause agreed thereto in writing Ijefore the trial, 
 a \'erdict concui'red in by nine or more of the 
 jury would be valid. ^Vlthoiigh unanimity is 
 now reijuired iu ( 'onnecticut, there seems to 
 ]je no express [)i-ovision of the ( !(jnstitution (jr 
 statute upon the point. In criminal cases, 
 liowevei', a unanimous verdict was early re- 
 (piired. By statute of KJT^, wdiere the jauiish- 
 ment was death (.>r l)a,nishment, a unanimous 
 \-erdict of twcdvt' men was necessary to con- 
 vict. + 
 
 Under our jiresent (jonstitutions, however, 
 a unanimous verdict is necessary to its valid- 
 ity. 
 
 In 1859 this (piestion was agitated in New 
 Hampshire, and the House of Representatives 
 requested the opinion of the justices of the Su- 
 })reme .Judicial Court upon it. The justices 
 held the matter under consideration for a year, 
 and then replied that the legislature liad no 
 power either to lessen the numljer of tlie jui'y 
 below tweh'e, nor to authorize a verdict by 
 less tiian tweh'e, in any case wliere the (.'ou- 
 stitution eonfei's the right of trial by jury.-'' 
 
 In the Federal Courts, including all the Ter- 
 ritorial Courts, it is now settled that the 
 Seventh Amenilment to the United States ( 'on- 
 stitution i-e([uires a unanimous \-erdict of twelve 
 juroi's in all common law cases; and that 
 neither tJongress nor a teri'itoi'ial legislature 
 has [lower to authorize a X'erdict by a lesser 
 luunber.'' Tla're is no pro\usion in the Na- 
 tional (_'onstitution, however, which pre\'ents 
 the States from changing their constitutions or 
 
 ■' Opinion of the Justices, 41 N. H. 550 (18G0). 
 "American Publishing Co. v. Fisher, l(j(j U. S. 464; 
 
 Springville v. Thomas, 166 U. S. 707; 
 
 Thompson v. Utah, 170 U. S. 343. 
 
82 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 laws, iiiid autliori/.in,ii- a venliet Ijy a inajority 
 of the jui'v. 
 
 Ill criminal ti'ials, tlio rei|uiremeiit of a 
 uiiaiiiinous verdict is appro\'e(l liy all the lead- 
 ing jurists, judges and lawyers. In civil cases, 
 however, this requirenrent has Ijeen subjected 
 to considerable adverse criticism. That sturdy 
 champion of }>opular rights, Zephaiiiali Swift 
 of Connecticut, condemned unanimity as early 
 as 179(), for the reason that "it is in many in- 
 stances })roductive of delay, and may give an 
 obstinate juror the })Ower of controlling all the 
 rest." ' 
 
 Judge .Samuel F. Miller of tlie Sujireine 
 Court of tlie United States, after an experience 
 of twenty-iive years on the bench, expressed 
 the o])inion that in civil cases "the system of 
 trial by jury would be nuich more \'aluable, 
 much shorn of many of its evils and mucli 
 more entitled to the confidence of the puldic 
 as well as of the legal and judicial minds of 
 the country, if some muiiber less than the 
 whole should be authorizeil to render a ver- 
 dict." And he added that eight or jireferably 
 nine should l)e allowed to render a verdict. ^ 
 
 With tlie advance of ci\'ilization, (juestions 
 for the determination of the jury ha\'e become 
 very ditficult and complex, upon some of which 
 it is unreasonable to expect twelve men to 
 agree. It is no longer a <|uesti(jn of merely 
 guilty (jr not guilty, noi' wdietlier the plaintiff 
 or defendant owns a parcel of land, or a cer- 
 tain head of (/attic. E\-en if the jury agrees 
 that the plaintiff is cntitlcil to something, it is 
 often impossible for them to agree upon tlie 
 amount. In sutdi case at least, a majoi'itv of 
 
 eight or nine should be allowed to render a 
 
 verdict. 
 
 The })rocess of attaint was practised for a 
 
 short time in New England ; but never with 
 
 the severe i)enalties inx-sciiljed 
 
 ^ '- Section 58. 
 
 by the old English law. Not Attainting 
 content with depriving the the Jury. 
 
 guilty jurors of all ci\'il and social rights, and 
 confiscating all their jiroperty and i)rostrating 
 their houses, the law of England ordered each 
 juror's wife and children to be turned out of 
 his home.-'' In New England, the punishment 
 ^\'as light in comparison, and the chief purpose 
 was to oljfain a new trial before a double jury, 
 having po\\'er to revise the verdict of the first 
 jury. 
 
 Attaint was authorized by the Massachusetts 
 statute of 11)72, and was regulated Iiy the stat- 
 ute of 1().S4. Before the American Revolution, 
 bowevei-. attaints had become obsolete in New 
 England, as well as in England.* 
 
 In ci\'il cases, the right and power of the 
 jury to decide questions of law was sometimes 
 I'CCOgnized and sometimes dis- 
 allowed ni the earlv laws of Section 59. 
 
 Jury's Right 
 Massachusetts colony. •' ^^^ Power 
 
 When the practice of grant- t" Decide 
 
 the Law. 
 
 ing new ti'ials became settled, 
 
 tliis question ceased to be important. If the 
 court considered the verdict contrarv to its 
 instructions upon the law, it set aside the ver- 
 dict, and granted a new trial, and did not 
 render judgment upon it. 
 
 (_)n May fi, l(i57, the (leneral Court of Mass- 
 achusetts enacted: "The duty of the jui'v is, if 
 they do understand the law to the satisfac- 
 
 ' Swift's System, II, 259. 
 
 ■^System of Trial by Jury, 21 Am. Law Review, 865 
 
 (1887). 
 "Shaw, C. J., in Cummonwealtli v. Anthes, 5 Gray, 185, 
 
 202. 
 
 ' Washburn, 40 ; 
 
 Ouincy's Reports, 559, 500. 
 ■ Washburn, 45 ; 
 
 Body of Liberties, Nos. 29, 30, 31. 70, 76 
 
THE JUDICIAL SYSTEM OE NEW ENGLAND. 
 
 83 
 
 tion of their consciences, not to put it off from 
 themselves, but to find accordingly; Ijut if any 
 of the jury doth rest unsatisfied what is the 
 law in the case, then the whole jury have lih- 
 erty to present a special verdict; viz.: if the 
 law be so or so in such a [)oint, x^'e find for the 
 plaintiff, — but if the law be otherwise, we find 
 for the defendant; — in which case the deter- 
 mination is left to the Court." ' 
 
 This statute of l(]-57, however, seeiirs to 
 have been merely declaratory of an existing 
 custom, as appears from Thomas Leckford's 
 book, "Plain Dealing, or News from New Eng- 
 land," which was [)ul)lisl]ed i]i 1642, after 
 four years spent in Massachusetts. He says : 
 "Matters of delrt, trespass, and upon the case, 
 and equity, yea, and of lieresy also, are tried 
 l.)v a jury, which altliough it may seem indif- 
 ferent, and the magistrates may judge what is 
 law and what is equal, and some of the chief 
 ministers inform what is heresy, yet the jury 
 may find a general verdict if they please; and 
 seldom is tliere any special verdict found l)y 
 them, with deliljerate arguments made there- 
 upon, which breeds many inconveniences." ^ 
 
 In all criminal prosecution, however, the 
 power of the jury to return a general verdict, 
 necessarily draws with it tlie power to decide 
 the law as well as the facts. If the verdict be 
 "not guilty," tlie court has no power to com- 
 pel the jury to adopt its view of the law, and 
 must discharge the prisoner even if the jury 
 have disregarded the law as stated by the })re- 
 .siiling judge. If the verdict be "guilty" the 
 court may set aside the verdict, if satisfied that 
 the jury have disregarded the law as stated by 
 the pi'esiding judge ; but another jury may 
 return the same verdict without being liable 
 
 1 Records, IV, part 1, p. 291 ; 
 
 Whitmore's Colonial Laws, p. 91. 
 -Quoted in Savage's Winthrop. II, 44 
 
 to punishment. In either case, therefore, the 
 jury possess the power. Much discussion has 
 taken place as to whether the jury have the 
 "rightful" pox\'er to decide tlic law against 
 the instructions of tlie court. 
 
 For two hundred years after the settlement 
 of New England, the right as well as the power 
 of tlie jury to determine questions of law in- 
 volved in the issue at criminal trials, was uni- 
 versally recognized and acteil u])On by the 
 people, by tlie legislature and by the courts. 
 The judges admitted it, and in charging the 
 jury, after expressing their own views of the 
 law, they were careful to add that tlie jury 
 liad the riglit to decide otlierwise. 
 
 So long as the judges were the instruments 
 of the Crown and xx'ould take the side of the 
 Crown against the people, it was essential to 
 the lil;)erty of the subject that the jury sliould 
 possess the po\x'er to decide the law as well as 
 the fact iu criminal trials. If the king's judges 
 could decide tlie \a\\\ it was of very little con- 
 serpience who decided the facts. " History 
 shows by the saddest lessons that tliere are 
 no facts out of which constructive treason, con- 
 spiracies, sedition or libel cannot be made. 
 The only safety of the sulject was in the judg- 
 ment of his peers upon the whole issue." ■' 
 
 l]efore the American llevolution " it was 
 undoufitedly lielieved that in the then condi- 
 tion of things it would 1>e safer for the colonies 
 that the power of determining the law should 
 Ije vested in the jury than to leave it in the 
 hands of the judges. And e\'en after the Revo- 
 lution tlie doctrine seems to have oljfained 
 some currency that in all cases, civil as well 
 as criminal, the jury had a right to determine 
 tlie law as wcdl as the facts." ' 
 
 ■'■ Thomas, J., in Commonwealth v. Anthes, 5 Gray, 18.5, 
 
 291 (18.57). 
 -t Walton, J., in State v. Wright 53 Me. 328, 333, citing 
 
 Georgia v. Brailsford, 3 Dallas 4 (1794). 
 
84 
 
 THE fUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 In Connecticut the court did not express any 
 oi)inion with rcsjicct to the law in charging 
 the jury in the tirst instance; lait if a majority 
 of the court \\'ere dissatisfied with tlie verdict 
 as returned, they couhl send the jury out for 
 furtlier consideration, and hefore the jury re- 
 tireih couM instruct them in [loints of hiw. 
 The want of })0wer to instruct the jury hefore 
 the \H'r(hct, was considered a defect in the 
 judicial system of (Connecticut Ijy Judge Swift 
 as early as 1790. The jury were tlie judges of 
 of the law as well as of the facts.' 
 
 Tills doctrine has been carried so far in 
 Connecticut as to allow the jury to decide the 
 constitutionality of a statute. The question 
 arose upon the lii|uor law of 1872, which was 
 claimed l»y the accused to he unconstitutional. 
 In a, prior case, the Sujireme Court had decid- 
 ed that law to he constitutional. Notwith- 
 standing this decision, the presiding judge sub- 
 mitted the question to the jury, l)Ut stated 
 that in his 0[iinion tlie statute was constitu- 
 tional, and added : " If you decide that to be 
 unconstitutional which the 8upreme Court 
 hold to Ije constitutional, you will disturb the 
 foundations of hnw But after all, vou are 
 the judges of the law, and if on your con- 
 sciences you can say this section is uncon- 
 stitutional, then you ought to acquit the ac- 
 cused." The jury returned a \-eri.lict of guiltv, 
 and the Supreme Court held the chai'ge to be 
 correct. - 
 
 In 1 S,s(.), this \-iew was reattirmed: but an 
 instruction that it woulil be absurd for the jury 
 to decide a statute to lie unconstitutional after 
 the Supreme (Aairt had held it to be constitu- 
 tional, was deemed no ground for granting a 
 new trial to the accused.'' ( 'onnecticut is now 
 
 ' Swift's System, II, 2,59. 
 
 - State V. Backley, 40 Conn. 346. 
 
 ■■ State V. Thomas, 47 Conn. .i4G. 
 
 the only State in New England where this 
 rule prevails. 
 
 The Supreme Judicial Court of Maine de- 
 cided in 1841 that in criminal causes the jury 
 are the judges of the law as well as of the facts. 
 "It is doubtle.ss their iluty to decide according 
 to law; and as discreet men, they must lie 
 aware that the best advice they can get upon 
 this point, is from the court. But if they be- 
 lieve they can be ju.stified in deciding differ- 
 ently, they have a right to take upon them- 
 selves that responsibility." + 
 
 In 18oo the doctrine was first broached in 
 New England that the jury liad not the right 
 to decide the law in a criminal section 6o. 
 case. Juilge Story announced Same Subject; 
 this view in Cnited States v. J^^dern View. 
 Battiste, 2 Sumner, 240, in his charge to tire 
 jury in the Circuit <.'ourt of the United States 
 for the District of Massachusetts. Daniel 
 Webster appeared for the accused and argued 
 tlie right of the jury to decide the law. In 
 the charge, .Judge Story said: "My opinion is, 
 that tile jury are no more judges of the law in 
 a capital or otlier criminal case, u})OU the plea 
 of not guilty, than they are in e\'ery civil case, 
 tried upon the general issue. In each of tliese 
 cases, their verdict, when general, is necessari- 
 ly comjiounded of law and of fact, and includes 
 l)Oth. In each, they must necessarily deter- 
 mine the \ii\\\ as well as the fact. In each, 
 they lia\'e the physical po\\'er to disregard the 
 law as laid down to tliem by the court. But 
 I deny, that, in any case, ci\"il or criminal, 
 they hav<,' the moral right to decide the law 
 according to their own notions, or pleasure. 
 (Jii the Contrary, 1 hold it the most sacred con- 
 stitutional right of every party accused of a 
 
 nVeston, C. J., in State v. Snow, 18 Me. 346, 348. In 
 1865, however, this case was overruled, and the view 
 adopted that the jury could not decide the law. 
 State V. Wright, 53 Me. 328. 
 
THE JUDICIAL SYSTEM OE NEW' ENGLAND. 
 
 85 
 
 crime, tliat the jury should res[>on(l :is tn the 
 faets, and tlie eourt as to tlie hiw. It is the 
 <hity of the court to instruct the jur\- as to the 
 hiw: and it is the (hitv of the jury h) foUow 
 tlie law as it is laiil down hy the court. This 
 is the right of evei-y citi/x-n : and it is his onlv 
 protection. If the jury wei'c at liherty to set- 
 tle the law for themselves, the elleet would he 
 not only tliat tlu' law itself would he most un- 
 certain from the ililferent views which dillei'- 
 ent juries might take of it : hut in case of ci-ror 
 there «"0ulil he no remedy or redress hy the 
 injured part)-; for the couif would not ha\-e 
 any right to re\uew the law as it had heen 
 settleil hy the jury." 
 
 In lS4-''> the Sujierior <.'onrt of -ludicaturt' of 
 Xe\\" Hampshire decided tlu' imjioifant case of 
 Pierce v. The State, l-'S N. II. ')'M\, in wdiich 
 this question was ahly discusse(l hy .ludge (iil- 
 clu'ist and Chief -Justice Pai-kei'. The con(du- 
 sion reached was that "it is inconsistent with 
 the spirit of the (.'onstitution that ijU(.'stions of 
 law, ami still less, questions of constitutional 
 law, should he decided hy the \'erdict of the 
 jury, contrary to tlie instructions of the court." 
 .Since this case it has heen considereil a settled 
 principle of constitutional law in New IIam]>- 
 shire that the cf">urt are the judges of the law, 
 and the jury judges (if the ficts iii\-o|\-cd in 
 the issue. --The trial liy jury estahlished hy 
 the Constitution,'' said -Judge I)oc in a later 
 case, ''is a trial in \\diicli the diit ics of the court 
 and jury are di\'ided in that niannei-. That 
 was the trire meaning of trial hy jui-y at com- 
 mon law (as was liehl in Pierce \. State), and 
 that was the meaning in wdiich the ('(institu- 
 tion adopteil and guaraid.eed it. V. S. \'. 
 Morris, 1 Curtis, ( '. ('. 2.'!, -lo. This point is 
 
 ' State V. Ho(age, 50 N. H. 510, 522(1869). In 1821 it was, 
 however, decided in New Hampstiire that tlie jury 
 
 so well settled and so W(dl undei'stood that no 
 one would sup[iose it in the powci' of the legis- 
 lature to transfer the duty of finding the facts 
 h-om the jury to the judge, in any case in 
 which a. party has a constitutional right to a 
 trial hy jury, and insists upon his I'ight." ' 
 
 Jn IMassachusetts, the jury's right to decide 
 the law was conceded as late as IS-'iO.-' It was 
 not until 184(1 that this right of the jury was 
 denied in ^fassachusetts. The lii'st case to an- 
 nounce' this rule, wdiich has heen adln.'red to 
 ever since, was ( 'ommonwcalth \ . Poifei', 10 
 Metcalf 2(i-'>, in whitdi the opinion was (leli\'- 
 ere(l Ijy (.'liief -lustice Shaw - In the couj'se of 
 his judgment, the chief justice said (page 2Sl): 
 "Wdietlier, therefore, we consider the rides of 
 the commijn law, oi' the Constitution and laws 
 of this ( 'omntonwealth, we are of opinion 
 that it is the projier pj'ovince and duty of the 
 court to expotrnd and declare the law, and 
 that it is the jirojier province and duty ol the 
 jury to inciuire into tlu' fai'ts l.iy such c(.inqn'- 
 tent e\'idence as may be laid hefore them, ac- 
 cording to tlie rules of law for the investiga- 
 tion of truth, which may he decdareil to them 
 hy the court, and lind and ultimat(dy decide 
 on the facts." 
 
 In a later case decideil in 1 S-")7, ( 'hief Justice 
 Shaw considered "the trtie glory and excel- 
 lence of the trial hy jury" to eoiisist in this: 
 ■■That the power of deciding fact and law is 
 wisely divided : that the autlairity to decide 
 ijuestions (if law is placed in a hody well <|uali- 
 lied hy a snitahle course of training, to decide 
 all (piestions of law; and another hody well 
 (jualitied for the duty, is(diarge(l with deciding 
 all (|uestioiis of fact. (leliniti\'(dy ; and whilst 
 each, within its own sphere, performs llu' 
 
 were tlie judges of the law. Trial of Davis Farmer, 
 68. 
 -Commonwealth v. Knapp, 10 Pick, 477, 495. 
 
86 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 duty entrusted to it, sueli a trial affords the 
 best possible security for a safe administration 
 of justice and the security of public and private 
 rights." 1 
 
 When a statute pur})orts to give the jury 
 the rightful power to decide questions of law 
 notwithstanding the instructions of the court 
 to the contrary, a constitutional question arises, 
 which has developed great difference of opin- 
 ion. In the leading case of (_'oniinon\\'ealtli v. 
 Anthes, 5 Gray, 185, three judges were of the 
 0})inion that the statute of 1855, c. 152, pur- 
 ported to confer this power upon the jury, and 
 three judges were cif the opinion that it did 
 not; the court being composed of six judges. 
 Chief Justice Shaw and Justices Metcalf, Bige- 
 low and Merrick thought that the legislature 
 could not, without violating the Constitution, 
 empower the jury to determine questions of 
 law involved in the issue on a criminal trial, 
 against the instructions of the court. Justices 
 Thomas and Dewey, on the other hand, held 
 that the legislature did possess tliis power. 
 The opinions delivered by C'hief Justice Shaw 
 and l)y Mr. Justice Thomas contain exhaustive 
 discussions of the general question, as well as of 
 the constitutional (piestion. 
 
 The statute of 1855, c. 152, was incorporated 
 into the (ieneral .Statutes of 18(j() and into the 
 Public Statutes of 1882, and is still in force.2 
 The decision of the majority of tlie court in 
 Commonwealth v. Anthes, that the jury has 
 no rightful jiower to determine questions of 
 law contrarv to the instructions of the court. 
 
 has been followed in the later cases, and is 
 now the settled law of the Commonwealth.'' 
 
 In 1851, the question was decided by Judge 
 Curtis in the trial of Robert Morris under the 
 Fugitive Slave Act of 1850. The defendant's 
 counsel, J. P. Hale and R. PL Dana, jr., con- 
 tended that this act was unconstitutional, and 
 that the jury had the right to so decide, even 
 if the coui't charged that the act was constitu- 
 tional. As one of the prisoner's counsel was 
 beginning to argue tlie question to the jury, 
 he was stopped by Judge Curtis, and informed 
 that the court woubl hear him ujion that ques- 
 tion, but that he coulil not argue it to the jury. 
 After argument addressed to the court Judge 
 C'urtis ruled " that under the Constitution of 
 the United States, juries, in criminal trials, 
 liave not tlie rigid to decide any ijuestion of 
 law; and that if they render a general ver- 
 dict, their duty and their oath rec^uire them to 
 apply to the facts as they may find them, the 
 law given to them by the court." * 
 
 In Maine and A^ermont it has also Ijeen held 
 to l;ie unconstitutional foi' the jury to deter- 
 mine the \a\\ for themselves in criminal trials, 
 contrarv to the instructions of tlie court."' 
 
 U}>on all indictments for liliel, the right 
 and power of the jury to ilctermine tlie law as 
 well as the fact, are secured by the Constitu- 
 tion of Maine.'' The (juestion of libel or no 
 lijjel has l.ieeu held in this State to he a rpies- 
 tion of law, and ncit of fact, following the opin- 
 ion of the twelve judges of England in their 
 answer t(i tlu' House of Lords; but 1)V \'irtue 
 
 I Commonwealth v. Anthes, 5 Gray, 185. 198(1857), 
 
 ■Mass. General Statutes, c. 172, sect. 15; 
 Mass. Pub. Statutes, c. 314, sect. 17, provides that "the 
 jury shall try, according to established forms and 
 principles of law, all criminal causes committed to 
 them, and. after havrng received the instructions of 
 the court, shall decide, in their discretion, by a gen- 
 eral verdict, both the fact and the law involved in 
 
 the issue, or may at their election find a special ver- 
 dict," 
 
 "'Commonwealth v, Marzynski, 149 Mass. 68 (1889), 
 
 ' United States v. Morris, 1 Curtis, C. C. 23, 63. 
 
 ■State V. Wright, 53 Me. 328, 338 (1865); 
 State V. Burpee, 65 Vt. 1, 30, 34 (1892). 
 
 '■' Maine Const, art. 1, sect. 4. 
 
THE JUDICIAL SYSTEM OF NEW ENGLAND. 
 
 87 
 
 ot the Maine Constitution, the Supreme Ju(U- 
 cial Court lias (leei(le<l that it is the province 
 of tlie jury to determine tlie question. i 
 
 It was (leei<le(l l)y tlie Supreme Court of 
 Rhode Island ni Dorr's Trial, 121, that tlie 
 jury were not the jud,L;es of the law in a erim- 
 inal ease, and this doetrine was athrmed in 
 1859.2 
 
 In A'ermont the early doctrine prevailed un- 
 til 1X92, when the Su^jreme Court held that 
 the jury aj-e not the })aramount juilges of the 
 law in criminal cases, and o\'erruled a long- 
 line of decisions to the contrary. ^ 
 
 The jury cannot lie comjielled to return a 
 special verdict, and a general venlict does not 
 show whether the jury found it upon tlie facts 
 or upon the law. A verdict of guilty may lie 
 based upon an erroneous view of the law. If 
 the jury adopt an erroneous view of the law in 
 returning a verdict of guilty, the accused has 
 no redress; liut if the judge rules erroneously, 
 he may obtain a new trial, or a discharge, liy 
 taking the case to a higher court. Under 
 the old system where no appeal was allowe<l 
 in criminal eases, the theory that the jury had 
 the right to disregard the instructions of the 
 court, operated in fa\'or of the liberty of the 
 indivi<lual ; because the jury were more apt to 
 acquit than to convict when they disagreed 
 with tlie judge u}ion the law. But this con- 
 sideration has lost much of its force un<lei" the 
 modern system, which allows an ajipeal by 
 the accused, but not by the State. -^ 
 
 Moreover in the fild system, all important 
 criminal trials took place before the whole 
 court, and it was customai'y for several judges 
 
 1 State V. Goold, 62 Maine, 509 (1871). 
 ' State V. Smith, 6 R. I. 33. 
 
 -State V. Burpee, 65 Vt. 1 (1892); overruling State v. 
 Croteau, ',^3 Yt. 14(1849); 
 
 State V. Paddock, 24 Vt. 313 (1852); 
 
 State V. Barron, 37 Vt, 57 (1864); 
 
 to deliver separate charges to the jury, and it 
 sometimes bapjiened that the judges ex}iressed 
 diiferent and inconsistent views of the law. 
 In such cases the duty necessarily ilevolve<l 
 upon the jury to decide the law if they re- 
 turned a, general verdict. "It followe<l as al- 
 most a, necessary consequence of this course of 
 proceeding, that a \'erdict must be conclusi\'e. 
 How \\'ould it be possible to take excejitions to 
 instructions in point of law, where those in- 
 structions were various and ]ierliaps contra- 
 dictory? (Jr to object to a, verdict for a misdi- 
 rection, where if the dii-ections given jjy one 
 judge were incorrect, their intlnence may have 
 been counteracted liy those of another, which 
 were strictly conformable to law?" ■'' 
 
 Under the present system, the whole court 
 do not sit in jury trials, and only one charge 
 is delivered, and consequently the danger of 
 inconsistency is reduced to a minimum. At 
 any rate, tlie cliarge may be made to appear 
 upon tlie record, and, if incorrect in la^\•, the 
 error may be corrected by a higher court. 
 When the jury errs in law and returns a ver- 
 dict of guilty, the accused has no redress in a 
 higher court. 
 
 The English judges have [lossessed and free- 
 ly exercised the }iower to comment ujion the 
 
 the testimonv, to call the jurv's 
 
 Section 6i. 
 
 attention to parts of it, an<l to charging Jury 
 express their opinion ujion the o" Questions 
 
 111- °' Fact. 
 
 tacts, leaving trie ultimate de- 
 cision of all matters of fact to the determina- 
 tion of the jury. Tlie same practice has jire- 
 vailed in the Courts of the United States, even 
 when held in States where a diffei'ent practice 
 
 State V. Meyer, .58 Vt. 457 (1886); 
 
 State V. Freeman. 63 Vt. 496 (1891). 
 * Commonwealth v. Cumming,s, 3 Cush. 212. 
 » Shaw, C. J., Sketch of Chief Justice Parker, 9 Pick. 569, 
 570 (1830). 
 
THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 lias been in force nnder statutes or State consti- 
 tutions. "H\e ]io\vers of tlic courts of the 
 United States in this respect ai'e not controlled 
 by the Statutes of tlie State foib)idding judges 
 to express any opinion upon the tVu'ts." ^ 
 
 Judge Story in delivering the o])inion of the 
 the Supreme Court of tlie United States in an 
 early case, announced tlie Fe<leral rule, wduch 
 has Ijeen ailliered to ever since: "Witli the 
 charge of the court to the jury, u[)On mere 
 matters of fact, and \\'ith its commentaries up- 
 on the weight of evidence, tins court has noth- 
 ing to do. Oljservations of that nature are 
 understood to be addressed to the .jury merely 
 for tlieir consi<leration, as the ultimate judges 
 of matters of fact, and are entitled to no more 
 weight or importance than the jury, in the ex- 
 ercise of their own judgmeid-, choose to give 
 them. Tliey neitlier are, noi- are they under- 
 stood to lie, liinding upon them as tlie true and 
 conclusive ex})Osition of the eviilence." - 
 
 In file State Courts, liowever, the judges are 
 generally prohibited to cliarge the jury upon 
 tlie facts, or to expi'css any opinion u}ion the 
 credibility of witnesses; foi' the reason that it 
 is considered an invasion of the ju'ovince of 
 the jury. 3 
 
 Tlie form of the existing ^lassachusetts stat- 
 ute indicates that its ado})tion was the result 
 of a compromise lietween two oppc)sing forces, 
 whicli has rendered it difficult to construe. 
 The statute declares that "the courts shall not 
 charge juries witli respect to matters of fact, 
 Ijut may state the testimony and tlie law." 
 
 ' Gra)', J., in Vicksburg etc. Ry. v. Putnam, 118 U. S. 
 545, 553 ; 
 
 Nudd V. Burrows, 91 U. S. 426; 
 
 Lincoln v. Power, 151 U. S. 4;^6. 
 -' Carver v. Jackson, 4 Peters, 1, 80 (18:D0). 
 '■Mass. General Statutes, c. 115, sect. 5; 
 
 Mass. Public Statutes, c. 15::!, sect. 5; 
 
 Conn. General Statutes (1888), sect. 1630; 
 
 Maine Revised Statutes (1883), c. 83, sect. 83. 
 
 Tlie two liranches of this act are somewhat in- 
 consistent; lait the purpose of the legislature 
 seems to have been to forliid the judges from 
 charging the jury tliat, in tlieir opinion, cer- 
 tain facts had been or had not been ))roved liy 
 the evidence or that certain witnesses were 
 worthy of l:)elief ; Ijut to allow the judges " to 
 sum uji the evidence, to state its le.gal effect 
 and jjeariug on the issues, and to indicate its 
 proper application under the rules of law." * 
 
 As the judge is allowed "to state the testi- 
 mony," it follows that he nuiy charge the jury 
 that certain circumstances are entitled to great 
 weight, and that otlier circumstances are of 
 little or no im}iortance.5 
 
 The early rule in Maine was tliat tlie [ire- 
 siding judge h;id tlie right to charge tlie jury on 
 the facts, and that an expression of his opinion 
 upon the facts and tlie testimony w;is no ground 
 for granting a new trial.'' In I.S74, however, 
 tliis rule was clianged by statute, wdiicli ex- 
 pressly proliibited the judge from stating his 
 opinion u}ion issues of fact arising in the case, 
 and made a viohition of the statute a cause for 
 a new trial." Under this statute the presiding 
 judge may state the grounds respectively taken 
 by counsel, and may rule the law as ap})lical)le 
 to the hy[iothetical statements of Ijotli sides. ^ 
 He may also state that certain facts are not 
 contirn-erted, and if the facts are controverted 
 fiy eitliei' [itirty, his counscd must call the mat- 
 ter to the juilge's attention before the jury re- 
 fire, or he will be considered as having waived 
 his I'ight. of exception." 
 
 -> Bigelow, C. J., m Commonwealth v. Barry, 9 Allen, 
 
 276, 279 (1864). 
 "Foster, J,, inDurant v. Burt, 98 Mass. 161, 168; 
 
 .See also, State v. Smith, 05 Maine, 257. 
 « Gilbert v. Woodbury, 23 Maine, 346 (1843). 
 ' Maine Statute 1874. c. 212; 
 
 Maine Revised Statutes (1883), c. 83, sect. 83. 
 estate v. Benner, 64 Maine, 267, 291 (1874). 
 9 Flarvey v. Dodge, 73 Mame, 316(1882). 
 
smsmst 
 
 )VIassacbu9ett9 
 
The Judiciary and the Bar of 
 New England 
 
 FOR THE 
 
 NINETEENTH CENTURY. 
 
The Judiciary and the Bar of 
 New England 
 
 FOR THE 
 
 NINETEENTH CENTURY 
 
 BIOGRAPHICAL- MASSACHUSETTS 
 
The Judiciary and the Bar of New England. 
 
 MASSACHUSETTS. 
 
 Li-:Mrp:L siiaw, ll.d., isoston. for ti 
 t\- vc'iirs eliicf iustiecof tin.' ^^assn(■llusl 
 
 liir- lc;i(liiiL; Fcilci'al oruan, iictiiiu tVir a time as its 
 
 <rtts assistant cilitiii-. Laic in tlic yoar ISdO lir 
 
 Su[)i-enn' Juilicial ('i)Urt, was the sun nf lvc\'. Iie^an the st,nil\' of la«- in tlir office of I)a\'iil 
 
 ()ak('s ami Susannali (Hayward) Shaw", ami I']\'('r('tt, law yci', antlioi- and scliolar, wlio soon 
 
 was liorn in IJarnstaliic, Mass., .lannai-y il, 1 7M 1 . rciiiox'cd fV<ini Host on to Amliri'st, X. ][.. w Iicih; 
 
 His L^randfatlier, Ucw John Shaw, tlic nunistcr Mr. Shaw, liaxdnn followiMl him, (.•onijjictcil his 
 
 of ISriduewatcr, edncatiMl fonr sons at Har\-ar(l Icnal stndics, jicini;' admitted ti) tlie New 
 
 ( 'olIi'Lie. all of wIkjih heeame ( 'onnre_L;ational IIam|ishire liai- at Ifopkinton in St^jiti'mher, 
 
 miidsters. His fathei', Uev. < )akt's Shaw, was 1<S(I4. In ( )rtohiT of the same yt'ai' he was 
 
 jiorn in Hridiicwatei-, Mass., June 10, 17-'!(), admitted to the hai' of Massa(Jiusetts, and at 
 
 \\"as ordaincfl o\'ei' the First ('linr(Ji (West onee settleil in Huston. ha\'ini; an office in the 
 
 I'aiish) in Harnstahle on Octoher 1, 17(i(l, and Old State House with Thomiis (). Selhidne. 
 continued in that |iastf)i-af(' until his death, His pro!j,i'ess was slow, hut sui'e. The first 
 
 Fehi-uary 11, 1S(I7: his wife, Susannah, was a t-ase in wdnch his name appi'ai's in the Keports 
 
 sistei' <"if I )i-. Lemuel llaywai'd, a leading ]ili\'- is ^'ouiu;' \-s. .\dams. (1 .Mass., lii'_'(L^l'M, wdnch 
 
 sician of Hxiston, fi'om wdiom the son was in\'ol\-ed $o. Heconlinued in aeti\-e pi'actice 
 
 named. She was horn in Hi'ainti'ce, .Mass., foi' twent\'-si.\ yeai's, studying- not oiil\- the 
 
 and was a woman of \-iu'oi'ons menta 1 and phys- law. hut also Fai^lish classics and n'cnci'al lit- 
 
 ieal powers, and die(l in IS.'Jf), a,L;'ed ninety- eratui'c, and mastei'ini; the iMii^lish lonn'ue. 
 
 four. He \\'as also pi'ominenl in l(i{-al alfaii's, sci'N'ini;' 
 
 Lemu(J Shaw was fitted foi' college hv his as lii'c wai'den, school c( Jin n nt ieeiiia n. Fourth 
 
 father and hv Ue\'. William Salishin-y, (jf of .1 idy oi'aloi-, ,and selectm.an. I le re|)|-esented 
 
 l)|-a iidi'ce, and in 1 7!h; entei'ed the fi'eshm.an the lown of Hoslon in I he ( eaiei-al ( 'oui'l from 
 
 (Jass at Har\'ard. where he was !_;i'aduate(l in Isll hi 1 S 1 .") in(dnsi\'e. was a niendiei-df the 
 
 iSOd. Jii oi'dei' to ]ia\' his e.xpenscs tlii'oun'li .Massachusetts ( 'oust it ul iona 1 ( 'on \"(ail ion of 
 
 college he tauc'lit school wintei's, and aflia' LSl'O, sci'\'ed as Sl.ate senaloi' in lS-_M-"J'J and 
 
 uraduatinu' Ik' was for one year an usher in the 1 S-_!,S--_!S). and wi'ote llic.act iiicorpoi'at i ul; the 
 
 old Franklin (Hi'immei-) (d'ammai- School in cit\- of Hoslon willi the exception of tlicsec- 
 
 Hoslon undei' Di'. Asa Hullai'd, |irincipal. He times i'(Jatiii;4 hi puhlic tlieati-cs and exhihi- 
 
 also cont I'iliuteil to I he Host on ( ia/.elte, then a t ions and the I 'o I ice ( 'ourl. which wei'e di'.ifled 
 
THE JUDICIARY AM) THE BAR OF XEW EXGLAXD. 
 
 \i\ Williniii Sulli\'iin. Tins clKii'tcr and ]il;iu 
 <"it city Lii>\-ri'iiiiiciii , (lc\-iscil 1)V liiiii ;is cli^iir- 
 inaii i)t the jiiint ciiiiiniiUcc while a iin'iiilicr "f 
 tlu' Senate, was well ildiie ami eiiiiiieiit 1 y suc- 
 cessful in practical opcratiun. W'liili' in llic 
 House 111' and l'i-uf. Asaliel Stearns, nf (am- 
 liriduc were a]i]ji>inli'il a counuissinn tn |julili^li 
 a new and i'e\"ised edition uf the ( iciiera I Laws 
 of the ( 'oiuuion wealth, wdncli was in ex(dusi\-e 
 use from ISjIH to the general re\-ision of the 
 statutes in ls;J(i. Ife was an aideiit l''e(lei-al- 
 ist, and a stroni;' su|i|iortcr <if his pai'Iy from 
 the tii'st of the centurv until its di-solulion. 
 Aftei- |ii-acticinu lawaloni' foi- sixtciai yeai's he 
 admitteil his law -student. Sidnes' ISai'fletl. to 
 pai'tnci-shi]), under the style of Shaw iV' l>art- 
 lett. 
 
 On the ■l'-\A of AuL:n~t. 1 s:;(l, (;(>\-ei-n<ir Lin- 
 coln apjiointed him (diief ju--f ice (if the .'-^u|ireme 
 Judicial ( ourt of ^Lissachusetts 1o >Uccced 
 ( 'hief .lustice Isaac I'ai'ke!'. deceased, and he 
 <-oiitinueil in that ex a I ted oflicc fir thirty years, 
 ivsiiinin^ Au^u-t •';!. ISCO. ou acccunt uf (dd 
 a,i;e and tcehle health. Lie died in I'm-ion on 
 .Maivh :in. isci. 
 
 • IuiIlic Sh.aw held the el il.'f ju-t ice>hi | > liin^;- 
 er than any otliei- man in the hi~toi'\- df his 
 ( 'ounuon wealth, and t-o sa\' that lie Idled it 
 with (he hie'liest honor and distinction i- oidv 
 just to his meniorw He wa~ a Liood ms'i jn-'nis 
 judiie. car(d'nl. iliorou^;h and systematic. His 
 chai'Lics to the .jlir\' were in\-arialilv sim|)lc and 
 (dear. JL' hrouiiht to tlie heariiii; in h.aiic the 
 same jiatience. the same dcsii'e to he in.-t nicteil. 
 He was a man of ^reat fiiauness. and had the 
 highest siaise (if natlli'al justice and c(|uity. 
 Two o1 his fimous (ijiiniDiis ai'c ciintaine(l in 
 i*"ai-well \'~. I)(i<t(in and \\'orc(siei' Uaili(ia(l ( u.. 
 4 :\Ietcalf 4;t (1S41). and in .h.uc- \--. Kohhin-. 
 s (-iray. ^li^i-) (ls")7). An exauqile of hi- wiai- 
 (l(.'rful \"itality and \ue(ir to the caid iiia\" he 
 fmial in lii< de(-i-ion in the ca-e of i he i 'om- 
 moiiwealth \'s. Tciujile. 14 <d'ay. (ill. whicli 
 was wi'itten in his eiLihticth yeai'. Hi-deci-- 
 ions. licLiinniiiL; with !) j'ickci-ini: aial iiicluiU 
 wvj. 1 tl I d'ay. make ahdut mie-l hii-il of t he lilt \'- 
 se\"ell \'olumes of the Ma-sacl iusett~ Kchorl- 
 
 issue(| wdiile he was cliii4' justice. The Idllow- 
 iiiL; extract finm the writint; of tln' late Judec 
 llenjaniin F. Tlionias shows how Lemuel Shaw 
 was induceil to liei.-ome chief justice : 
 
 '])ani(d W'elister used to ^i\e a ]ileasant 
 account of this contc'i-eiice. He found tlie future 
 chief justice sniokiuL; his e\a-ninL; ci^ar. Mr. 
 W'ehstei- could not .join him. It was a w(.'ak- 
 iies^ of this othei'wise notahle man. that he 
 c(iuld not smoke. So .Ml'. W'idister talked while 
 .Ml'. Sliaw smoked. ^\\. W'ehster made a I'ei;- 
 ular onslaught upon him. ('olicedin^' the 
 ]iei'sonal aiKJ pe(/uniar\' sacrifice, he [ii'essed 
 upon hini. with the iil'catei' eai'liestness. the 
 puhlic want and (li.'iiiaud. the diLjiiitv and ini- 
 portanc'c of the office, and thi' opportunity it 
 |ii'esente(l of winiiini: an honored name, hv 
 s'ahi.'ihlc and eiidui-iiiL: ■''erNUce to the State. 
 .Ml'. Shaw was silent, showinu-. as .Mr. W'ehsler 
 put it. the impression iiaale Upon him oiih' hv 
 the iiitcnsitx" with which he smoked. Mr. 
 Weh-ti.-r could i^et no luoi'..' at the lirst inter- 
 \'iew than the promise not to^ax' Xo hr-fore he 
 saw him auaiii. At a second intei'\'iew, with 
 the aid ol' his own rcHcctions and the uriicncy 
 of leadinu mcmhi.'i's of the har aial his own 
 appeal, .Mr. Wchster ^ot a reluctant assent. 
 .Ml', W'elister use(l to add that. li(iwe\"ei' the 
 lialaiice miiiht he as to his puhlic sewiees. he 
 w,'is ~ure the ( 'oiiimoiiwcalth owf'd him a ureat 
 (leal fir that alone; that his efforts (so he 
 tlioimlit) h;i(l secured for the State, for thirtv 
 \"('ars. -o ,'ih|e. u]irii;ht. aial excellent a chief 
 justice. It is not difficult to lielie\-e that the 
 earnest counsel and pressure of Mi-. W'idistcr. 
 fresh from tiic field of tie.' e'reat dehate — in 
 wdiich he had shown himself the lirst (if lixdiiLi' 
 or,ii ii's. ,'111(1 fir w"iiich the heart of New I'^ni;- 
 
 l.'iiid - I cla\-c t'l him ^houM lia\-e luel lai'ei', 
 
 e\-en (|ecisi\-e. illtluelic' Upon the judemellt 
 
 and wdll of his fricn 1. lie this as it rnaN-. it 
 spe.lk- none the less fn' (h,- i-hicf justii/e, tliat 
 ilic Lireatcst of X(.'W i-an;laii(l statesmen shouM 
 lia\"e felt it added to his laurels, and to his 
 claims upon the (;(ilisideration of the people of 
 Ma-sacliiiset|s. that he had aided in ohtainiiiL;' 
 fir la.'f the ser\dces of siK/h a niaL! istrate." 
 
BIOGRA PHICA L.~MASSA CHI ^SE TTS. 
 
 One ot -ludj^e Shaw's eoiitciujjorai'ics records 
 the fullowint;- tril)ute to liis memorv : 
 
 "^\'itll <\ linn trust in (iod, with a eonstaut 
 sense of His presence, lookin,^' to Him for ,uuid- 
 ance and support, nothin,^ could nio\-(> liiiu 
 from the patli of (hity. He stood in liis jihice, 
 anil tlie l)illows l)roke at his feet. As man and 
 as judn'e, he stood the severest test, the closest 
 sci-utiny. The nearer you cot to liim tlie more 
 thorouc'Idy you l<new him — tlie ^reatei', wiser, 
 hetter ruan and macdstrate he appeared to yiai. 
 (i-reat on the hench and in the hooks, it was in 
 the consultation room that \'ou lirst understood 
 and felt the \-ariety and aliiuence and extcait 
 of his i-esources." 
 
 Judu'c Sha\\' was a niemher of the ISoard of 
 ( )\-('rseers of Har\'ard ('olleuc foi' tweU'c vears 
 and i]f the (.'orpoi'ation of Har\"ard for fwcntv- 
 se\-en years, ami a memf)erofthe ALassachusetts 
 Historical Society, of the lioston Lihrarv Socie- 
 ty, of the Humane Society, of the Academy of 
 Alls and Sciences, and of the Socictx" for the 
 I'ropac'atiou ot the ( iospcl aiiioiiL;' the Indians 
 of Xoi'th Amei'ica. He recei\'ed the decree of 
 LL.lJ. from Ihii-\'ard in IS.'U and fi'oin Hrowii 
 riiixH'i'sity in 1S.")()_ and was a strong aiiti- 
 sla\'erv advocate and an occasiiaial ciintrihutor 
 to the press. 
 
 He was married, fii'st, Januai'y (i, ]S]S, to 
 Elizabeth, daughter of -hisiali Kna[)}), of JSos- 
 ton, hy whom he had a son and a datichter. 
 Ill Au.^'ust, 1S27, he marrie(l, second, Hc)pe 
 Savai^'C, dau^'litei' cif Dr. Samuel SaN'a^e. c)f 
 Barnstahle, Ma,s^.; they had two sons, Lemuel 
 and Samuel S., hoth of wdiom hiM/amc memhci's 
 of the ]")Ostc)n har, beiiiL;' admitted in IS.I^! and 
 l8-j() respectix'cly. 
 
 WALIilHDCEAlSXFJ; FIELD, LL.D., 
 JJoston, chief justice of the Su[)reme 
 ■ludicial Court of [Massachusetts, is descended 
 on his father's side fi'om 'Jdiomas Field, nejihew 
 (jf William Field, of Field's Point, K. L, and 
 (^n his mother's side from Ivlmuiid (Iriswold, 
 of Connecticut. His father, Ahiier l^didd, was 
 
 the son of Pardon and I']liza]ielli (A\'illiams) 
 l<^i(dd, the latter licin^' a lineal descendant of 
 Koi;er Williams. His mother, Louisa C) is- 
 wold, was a daunhtiu' of Daniel and Anna. 
 Lentlial (Ames) ( d'iswold, of Middletown, 
 ('oiin. From this disl iiin'iiisheil X(.'w Enu'land 
 aiicestrv the chief justice iiilierifs those sterlintr 
 
 WAUmiliGI- .\. I-IICI.I). 
 
 traits of (diai'actcr which lia\'e always marked 
 his race, and wdiich ha\'c made the name a 
 conspicuous one in American history. 
 
 .hidm' I'ield wasliiM'ii in S])rin;_;Held, Wind- 
 sor county, \'t., Api'il :.!(!, is:;.",. He attendeil 
 the pi'i\-ate s<'liools, acad<aiiies, and Wesk'van 
 Seminary of his nati\'e to\\'n, and was i;i'ad- 
 uate(l from Kimhall rnion Academy at Meri- 
 deii, X. IL, ill 1 iS.lL The same year he entereil 
 Dartmouth ('ollc^e, frmii which he was grad- 
 uated with lioiioi's in the cdass of 1 S."),"), and 
 where he spent the next two years as t^'cncral 
 instructor (it Latin, (ireck. and iiiathematics. 
 He then l)(\L;aii llie study of law in tli<' ottice 
 of the late Harvey .lew(dl, of Poston, hut in 
 ■ laiiuar\', LSo!), took chai\nc of the professorship 
 of mathematics at Dai'tmoulh for tlu' sprint;' 
 and summer terms. Afterward he resinneil his 
 le^al stmlies at the llar\'ard Law School, ami 
 was admitted to the Sulfolk liar in May, LSdd, 
 
THE JVDICTARY AND THE BAR OF NEW ENGLAND. 
 
 and laU'r tn tlic l)ar oi' all tlic I'liitcd Stati's 
 courtw. 
 
 Iniiuediati'ly after his a<liiiissiini lie licnaii 
 active praetiee \\itli liis jjretH'ptor, '^\x. .Ie\\ell. 
 and in -luly, ISlio, was a])])ointed assistant 
 United States attoviiey tor Massaehusetts undei' 
 Ivieliard II. Dana. He remained with Mr. 
 Dana and his sueeessnr, ( le(ir,m' S. Ililliard, 
 nntil 1S(I9, when he was ajipointed hy Pres- 
 ident (irant as assistant Tinted States attfii'iie)'- 
 general under I']. Rot'kwnod Iloar, in which 
 position he eontinut'd until August, ISTd. 
 Returninfi; to Boston he formed a law eopait- 
 ni'i'shi]! with Ilarx'cy .k'well and William 
 (iaston, the firm name heiny .lewell, (laston i.*c 
 Field. When Mr. ( iaston hecame i;'0\'ernor of 
 Massachusetts in lS75 the style of the tirm was 
 cliant;'ed to .Jewell, Field et Shepard, Ivlward 
 (). Shepai'd, the junior member heini;' admitte(l 
 at that time. This fii'm eoidinued uidil I'^eli- 
 ruary, iS.Sl, when Mr. Ficdd was ajipointeil hy 
 Governor Long an associate justice of the Su- 
 preme .Judicial Court of the Commonwi'alth, 
 of which he was made chief justice hy apjxiint- 
 ment of ( JoN'crnor ISrat'kctt, in 1S9(), to succeed 
 Marcus Morton, resigiie(l. 
 
 In the practice of his profession .Judgi' I'iidd 
 de\-eloped thost- ])owerful legal ipialilicat ions 
 that made him conspicuous as a lawyer and 
 advocate. Me ra])idly gained a high reputa- 
 tion for ability, foi- the care and thoroughness 
 \\'\\\\ wdnch he prepart'(l c\'ery ease, and foi' 
 his learning and profound knowdedg<' of the 
 law. Ik'tween 1S()5 and ISTO he was almost 
 exclusi\'ely employed in Fiuted States pi-acticc, 
 but excepting this his law laisiness was of a 
 general ci\'il nature. He possesses a judicial 
 mind, stored with the I'iehest of legal lore, and 
 his ser\'ices on the beiicb ba\'c been charactei'- 
 izcd by dignity, impai'tiality, and the strictest 
 integrity. He is a most atteiiti\'e listener, and 
 to the younger members of the pi'ofcssi(jn he 
 has been not only a helphil and patient in- 
 structor, but also a sour<-<' of ins pi rat ion. Kind 
 hearted, coiU'teous, and affable, be has won 
 uni\'ersal res[>ect anil confidence. His written 
 opinions ai'c models of bi-e\-ity, and lieare\'i- 
 
 dences of literai-y ability of gi-eat merit. As a 
 citizen he is jiublic spii'itcd and progi'cssive, 
 and the embodiment of that |iatriotisni woi'thy 
 of a tiue New Eiig!ander. His love of justice, 
 bis unct'asing faithfulness to duty, and his 
 broad scholarship \\\\\(' dominated his career, 
 and have won for him that ennm^nci^ in bis 
 profession which is both mci-itcd and recog- 
 inzed. lie i-ccei\-eil the degree of IvL.D. from 
 IIar\-ard ('ollege in iSSd and tVom Dartmouth 
 in ISSS. 
 
 During the earlier years of his resideiice in 
 I'xiston . Judge Fiehl took an actixe part in mu- 
 ni ci])al atfairs. He was a nuauber of the Schfiol 
 JSoard in l.Sfi.'l anil 1SI)4 luid of the ('ommon 
 ('ouncil in iSd-'), 1. Still and JstiT. In l.S7(i ln' 
 was the Itepublican eandidatt' for memb(.'r of 
 congress from the Third Massachusetts district 
 and was de(dareil elei'ted : but tbeidcction was 
 t'ontcsted, and after about a year's ser\ice he 
 was unseated. At the next (dection he was 
 again a candidatt' from the same district, and 
 was elected and scr\(.'d one term. 
 
 .Judge Fiidd was marrieil in J.SIiJ) to Miss 
 I'^liza Vj. M(djooii, of Rockland, Me., w ho died 
 ill Maixdi. 1.S77, lea\iiig t wo childriai : EK'anor 
 Louise and Elizabeth Liadhal. In JSSi^ lie 
 married for his sei.-onil wife Miss I'"raiici's PI, 
 daughter of Fiiitt'd States Senator Xatlian .V. 
 Farwidl, of Rockland, Me. 
 
 MARCCS MORTON, LL.D., 'I'aunton, 
 gox'crnoi' of Massachusetts and associate 
 justice of the Su]>reiiie .ludicial ('ourt. was a 
 lineal descendant of ( ieorge Morton, wdio, as 
 financial agent of the I'ilgrims in I'jiigland, 
 ])Urcbaseil the MaytJower and took an atdix'c 
 part in sendingd\-er the colony that landed in 
 1()'.^<). (ieorge Moi'ton came to I'lymoutb liim- 
 s(df in Iti'i.'!, and married Ann Southwortb, of 
 t he Mayflower i-ompaiiy. 
 
 Marcus .Morton was the son of N.alhanicl and 
 .Mary (t'.ary) Morton, and was born in i'"ree- 
 town. .Mass., I'^cbruary Itt. J7>id. He was 
 "radnaled h'om iSrown I'liix-ersitv in 1804. 
 
BIOGRA Fine A L.~MA SSA CH USE TTS. 
 
 studied law at the Liteldield (Conn.) Law- 
 School, and was admitted to the Xori'olk l>ar 
 in Massaeliusetts in ISOT. The same \-ear he 
 settled in Taunton, Mass., w lieve he ever after- 
 wai'd reside<l. hk'sides huildinn' up a lavnc an<l 
 successful law practice he hiok an active inter- 
 est in politics, and was elei'k of the ^lassachu- 
 
 MARCUS MORTON. 
 
 setts Senate in 1«11 and 1S12; memher of 
 congress two terms (1.S17 ti) ls21),anil a mem- 
 her of the Executive ( Vjuncil in 1.S2;]. lie was 
 lieutenant-governor of the (Joinmonwealth in 
 1824 and l.S2o, and in I'^ehruary of tlie latter 
 year l_iecame acting go\-eruor. On -hdy 5, 
 1X25, he took Jiis seat on the liencli of tlie Su- 
 preme Judicial (Jourt, lia ving lieen appointed to 
 tliat place l)y Oov. Levi Lincohi. He resigned 
 in January, 1 SJO, to accept the oltice of gov- 
 ernor, to which lie had Ijeen elected, and which 
 he again HUed in IS-I;;. In 1.S4.') I'lvsident 
 Polk appointed him collector of the Port of 
 Boston, and he served in that capacity uidil 
 1«48. He was a memlier of the Massachusetts 
 Constitutional (Convention of \>^'h) and of the 
 lower house of the Legislature in is.is, and it 
 
 is a noteworthy fact thai his snn, .^hll■cns 
 .Morton, suhseipiciitly ehief justi<-e, served in 
 eacJi of these hodies froin Ando\'erat the same 
 time. 
 
 < lovernor Moi'lon was [lossessed of a great 
 and ready kno\\de(lge of legal ](i'inci})les and 
 precedents, and also of disci'imination and 
 adiini'ahle connnon sense. He was an exccd- 
 lent n'lKi priiiK Judge, a. man of great ein'i'gy 
 and firce of chai-acter, and a citizen inihued 
 with the loftiest patriotism and a strict sense 
 of honor. Jle was not fiidy a talented lawyei' 
 and ad\-ocate, hid an aide jurist and a fnthtul 
 puhlic officer. l''oi- tweh'e successive years 
 while he was on the hench he was the Dem- 
 ocratic candidate fir go\'(.'rnoi', and in LS.j9 
 was eU'cted hy a hare majority of one ot the 
 populai- \-(.)te, Ivlward E\-erett, the go\'ei-nor 
 during the four preceding years, heing his op- 
 ponent. He took the oath of otHce Jaimarv 
 is, 1S4<1. ( iovt'rnor Morton was again elected 
 in .lanuary, 1S4:1, this time hy the Legislature, 
 l)V a majority of one over his \\dng competitor. 
 He was a strfing anti-slavery advocate, and in 
 1.S4S joined the Free Soil party. For thirty 
 vears he was an overseer of Harvard College, 
 wddch confei're(| ujx.in him the honoi'ary lU'gree 
 (jf LL.D. in 1S40, ISrowui Lhd\-ersity, his alma 
 mater, ha\'ing gi\'en him tln' same distinguish- 
 ing degree in 1S2(). He was a, memlier of the 
 Methodist Ejiiscopal cliirrch and often a mem- 
 her of its dioci'san and gent'ral conventions. 
 He ilied in Tauidon on the (ith of Feliruary, 
 1S(;4. 
 
 (ioN'crnor Morton was married in ISOTto 
 ( 'hallotte, daughter of James Hodges, of Taun- 
 ton ; they had three sons: Mar<ais, Nathaniel, 
 and .lames Hodges Morton, all ennnent law- 
 N'crs. The former, wdro het"uue chief justice, 
 is noticed at length on another [lage of this 
 work. The second, XathaniiJ, died in 1S.")(). 
 
THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 MAUC'US MORTON, LL.D., IJostoii, chief 
 justict' cif llic Miissacliusctts Suprciiie 
 Judicial Court from 1 .S,S2 to ls9(l. was tlic eld- 
 est of three sous of Jlou. Marcus Mortou, asso- 
 ciate justice of the same coui't from l.s2o to 
 1840 and jj,o\'eruor of the Commonwealth in 
 184f) ami 1S4.'), whose memoir ap})ears in this 
 work, and of Charlotte, daughter of James 
 
 MARi;US ,MnRTl>N. 
 
 Hodges, his wife. He was a gi-andson of Na- 
 thaniel and Mary (Cai-v) Mf)rton and a lineal 
 deset'udant of Ceorge Moiton, who came tVoni 
 England to Plymouth in 1 (>.;•'!. 
 
 Cljief Justice Moi'ton waslioin Api'd s, ISH), 
 in Tanrdon. Mass.. \\ here he recci\-ed his earl\- 
 education under tlie tutelage df Fi-ederick 
 CVafts. Me pivpjiied fill- collegi' at th(.' liristol 
 <_'ounty Acadi_'m\' and was gi-aduated tVom 
 Brown L'in\-ei'sity in 1 s:;s. hA'en at this period 
 lie displayed those ])eeuliai' talents — aiiiliition. 
 physical force, a ideal' mind, inlid leetual enei'gw 
 and decision of eliaraetej' — wJiich ga\"e him 
 prominence among his fellriws and affei'wai'd 
 made him eminent in the law and in politics. 
 Some of his (dassmali.'S wei'e linn. ( '. S. IJi'ad- 
 
 ley, chief justice of Rhode Island; Hon. G. X. 
 Latlirop, United States minister to Russia ; Dr. 
 E. O. Robinson, president of Brown University; 
 and Rev. Alexander Burgess, bishop of the 
 Protestant Episcopal church. 
 
 After leaving college Mr. ^lorton spent two 
 years at Harvard Law School, taking the de- 
 gree of r^L.])., ami one year in the law oHKce 
 of Spi'ague tt Gray in Boston, and was admit- 
 ted to the Suffolk hai' July 12, 1841. He at 
 once opened an ofiice in Bostoii and soon gained 
 recognition for ability, industry and integrity, 
 and built uj) an extensive practice. In iX.jO 
 betook u]:i liispei-iriaiK.'nt residence in Andover, 
 Abiss. 
 
 He was a mcmbei-of the Constitutional ( 'on- 
 N'ention of l.s5-'5 and of the lower house of the 
 Pegislature in l8o8. re})reserding Andover. and 
 it is a noteworthy fact tliat his fatliei- also 
 ser\'e(| in these bodies ill the same years. I'ii 
 Ajiril, ISoS, (ioN-ernor Banks appointeil him a 
 justice of (he Sujierior ( 'ourt for the countv of 
 Sulldlk. which was aliolished a ^'ear later. 
 I poll the establishment of the Superior CViurt 
 of Massachusetts in 1 .So',( he liecame one of its 
 associate justices, which position he held until 
 April. 1 SCI), wdien (io\-enior ('lallin appointed 
 him to a seat on tin.' bench of the Massachu- 
 setts SuprciiK.- Judicial Court. In 1S.S2 he was 
 made (diief justici-, and he continued to serve 
 in that capacity until No\-ember, 1 .s!)t), wdien 
 he resigned, beingsucceeded by Hon. W'albridge 
 Abiier Pield. The aih'ancement of .ludge 
 Morton to tbi' head (.if the judicial svstein in 
 the r'omnion^ealtb ga\-e universal satisfaction. 
 Pr(.'-emiiicnt ability, long and established ri.-p- 
 utation. made it, under tin.' administration of 
 Governor Loni;. one ol those fortunate and 
 admirable -elections w hiiji are instanth' recog- 
 nized as such by the entire community. His 
 services ou the beni'b co\'i-rcil an uninterrupted 
 jieriod of thirty-two years, during the last eight 
 of which be was chief justice. He resigned on 
 account (jf ill health, and died February 10, 
 l.s;)]. 
 
 Judge Moi'ton possessed the traits of the men 
 \\Jio foiiniled and peopled New I'^iigland. He 
 
BIO GRA Fine A L. —MA SSA CHUSE T TS. 
 
 was of Puritan hldod, traeini;' his (k'sceiit frnm 
 (ieovge Mortiiii, of tlic riyiilDutli i-olony, wlm 
 married Aim .Soiithwortli, (if tlic (.•oni|)aiiy of 
 fhe ^layfiower. l)uriiii; his scvt'iitt'cn years at 
 the har of .Suffolk county, in l>oston, lie gained 
 a high reputatidu. ( )n tlie l)eneh he displayed 
 renuu'kahle judieial aliilit\', a direct and \ig- 
 orous sense of jusiici', great hrt'ailth dfleariung, 
 and untiring iidelity. As a iii>ii jiriux judge 
 he had few supci-ioi's. He possessed a hi'oad 
 kudwleilge of ci'iniiiial law, a cnnipact yet 
 forcilile style of expression, a wise and sound 
 judgment, and unfailing courtesy and jiatience. 
 His opini(.ins, over l.'itHi in nundier, are con- 
 tained in vohnnes 102 to I'lH iii(dusi\-e of the 
 Massachusetts Kejiorts. and are uind(ds of lir<'\-- 
 ity, clearness and judicial learning. lie re- 
 ceived the lioniu-ai'y degree of LL.D. fi'oni 
 Brown I'niversity in ISfJH and fi'oiu IIar\'ard 
 ( 'oUege in issi'. 
 
 Juilue ^hu'ton was nuirried ( )i'nih('i- 1 tl, 1S41, 
 to Al)li\' r>., d;iUL:litel' of Ileni'X' and Ani\' 
 (Hari'is) IIiip|)in, of l'i'o\-idencc, K. 1., wdio sui'- 
 \'i\'e(l hini. They had six daughlei-s and two 
 sons, one of the latter, Marcus M oil on, jr.. heiiig 
 a ]irominent iiieiiihcr ot the l>os(oii liar. 
 
 EDMrXl) II. HEXXKTT, LL.D., for more 
 than twenty years tin.' dean of IJostoii 
 rni\"ersity Sclaiol of Law. was jiorii in Man- 
 chester, \'t., April (i. 1S24, and died iii Boston 
 on the I'd of .laiiuar\'. 1 SI-IS. His anci'stors 
 were typical New iMiglandei's. Hon. MiloJ^. 
 IJennett, his father, was a native of Sharon, 
 ('onn., and a graduate of 'S'ale ('ollege in the 
 cla.ss of ISI 1. He studied law af the Litidi- 
 tield Law Sidiool, settled in IJuiiiiigtoii and 
 afterwanl in Maiadiester, \'t.. ami sei'ved as 
 State attorney and judge of prohatc. In ls;l,s 
 lie was chosen judge of the N'ermont Supreme 
 Court, which position he filled with distinction 
 and ahility until the judiciary system was 
 changed in Is.j9, when he was appointed a 
 commissioner tore\'ise the statutes of the State. 
 His wife's maiilen name was Adeline IIat(/h. 
 
 I'Mmund II. Ilennett was educated in his 
 nati\-e State, first in the Manchestei- and Bur- 
 lington Academies and suhseijuently in the 
 Lni versify of W'l-mont, at Burlington, where 
 he was graduated in the class of LS4.'!, and 
 which hestowed upon him the degive of LL.D. 
 in LS72. For a shoi't time after graduating he 
 taught a pri\'ate school in \'irginia. This vo- 
 cation, however, did not oifer him the scope 
 which his tastes as well as his talents and am- 
 hition seemed to demand, and he therefore 
 turned his attention to the law. Hi.' pursued 
 his legal studies in the oflice of his father and 
 hecanie a memher (jf the har of N'ei'Jiiont in 
 1S47, hut in the following year he came to 
 M;issachusetts and was ailiiiitted to the Suffolk 
 hai- -luly -■;, LS4S. Shm'tly aftei'wanl he I'c- 
 moN'cd to 'Lauiitoii, Mass., wlieif he hegan the 
 acli\'e practice of his pi'ol'cssion. While there 
 
 i;ii-MI .Ml II. l;l NNhT I . 
 
 he was successi\-ely ill I i.artni'rsliip willi tlir 
 lati' Nathaniel Morton (hrotlier ot llic late 
 < 4iii4' .1 List ice Marcus .Moi4oii, ot Massachiisclts), 
 Hon. Ih.airy Williams, Henry •!. I'^iiller, and 
 Li'cil ,S. Hall. In. May, 1 S."i,S, he w'as ap[iointed 
 judge of prohate and iiisoh'ency for liristol 
 i-ount\' and held that ollire twcntv-li\'e \-ears, 
 ivsinning in Iss:;, Wdiiai the cit\- of 'r.aiiiiton 
 
10 
 
 THli JUDICIARY AND THE /JAR OF NEW ENGLAND. 
 
 w;is iiicnrpoi'att'il in Isd") lie \v;is uiuiuinKiuslv 
 elei/ted itw first mayor, ami was re-electi^il in 
 Lsik; and attain in IsCT. ]n l,s,s4 lie took up 
 liis lci4'al ix'siflciico in ISostiin, liut six years 
 later returned to Taunton, to wliose social, 
 edueational and relii^ious aiK'aneenicnt lie con- 
 triliuted in no small decree 
 
 ddie new eourt uniting tlic jurisdiction ol'tlie 
 I'lnliate ( 'ourt and tlic ( 'ourt of Insolvency was 
 estal)lislied in tlie ( 'onunon wealth of .Massa- 
 chusetts in ISoS, and Kdrnund M. ISennett was 
 one of the fourteen iudL;cs a[i]iointed. lie had 
 ali'caily aci|uircd, thonuli Ijut thirty-four years 
 <jf a.i^e, a hii;h standing and a lariii' in'actice at 
 the har, while as a law scholar and aulhoi' he 
 had a(diie\-ed wiile distinction. As the suc- 
 eessoi' of JudL^e I'rescott, wdio had endcare(l 
 himself to the [)eople of Ih'istol conutx' h\' a 
 st'r\'iee co\-erini;' a (piarter of a century, his 
 task was not \\\\ eas\' one, hut his ahundant 
 leannni;', diginlied irianners. and ne\'er failinc' 
 patience won for him uni\'ersal esteem and 
 eonfidenee, and he L^raced thai henidi with the 
 liieiiest al)ility. He was ahsolutely irrqiartial, 
 and. thoug'h always eery husy, ne\-ei' seemed 
 to he in a huriy. lie jiossessed i-eiriarkahle 
 ^\■isdom as well as ni-eat leai^nini;-. and in the 
 twenty-ti\'e yeaiv of his .adnnuisti'ation only 
 two t'ases can he found in the reports in \\hi(di 
 his decision was o\'(a'i'uled upon a mere ipies- 
 tion of law. 
 
 ■ Indt^c ISeinictt honoi'cd the li.'^al profession 
 in the thi'cefold capacitx" of a c(iuns(doi'. jiidi;!' 
 and teacher, hut gained the widest reputatir)n 
 as an instructor and aullioi'. In this latter 
 Connection he was known pers(aiallv oi' \t\ 
 name to |)i-ohahly e\'ery la\\\'ei' in New V^wj:- 
 land toi' nioi'e than a ucnia'atiou. and al-o to 
 many in almost e\'er>' Slate in the I'mou. 
 koi' three N'eai's from ISyU to l.sTli he occnpie(l 
 the position of lectui'ci' al the Law Sidiool of 
 llaiA'ard I 'ni\'eisity in ( 'andn'idL^c. Willi the 
 Boston I 'ni\'ersit\' Schoiil (jf Law he was con- 
 nected from its ciainneneemcnt in iSTli, when 
 he r(_'cei\'e(l the honor of lieinu -e|ecte(| a- its 
 dean. lie was nnalilc, howe\'ei', to sei'\-e in 
 that capacilw hut was a rei;ulai' li'cturci': in 
 
 lS7(i he was again (dectecl to the deanship, 
 which he lilled until his death in -lainiary, 
 1 .SilS. Lpon the completion of the twenty-fifth 
 veai' of his scrx'icc. a memorial portrait of him 
 was hung in the law s(dio(d huilding. largely 
 at the expense of the alnmin, the paiider heing 
 Theohald ('hailian. the celehrated Fren(di 
 artist. 
 
 Li the de\ (dopmeiit of the sciiaice and the 
 adwaneement of the prai-ticc of his jii-ofession 
 ■Judge Bennelt was a lil'(dess woi'kiU'. ( dffed 
 with unusual legal and literar\- ability, and 
 endoweil with great eneigy, he aec()m]ilislie(l 
 a wondei-ful amount of impi'i'ishahle woi'k. 
 ILs legal works, wi-itten and e(lite(l alone or 
 in companv with othei's, imnihei' more than 
 (jui' hundred \'oluiues, aiuong them hcing the 
 following: The lirst of the two \-idunies of 
 Lennelt iV' Heard's Leading ( Viminal ( ases, 
 the sixth ('(lilion of Story <in ISailuaails, and 
 the fiairth ciliti(in of Story on I'l'omissoi'y Notes 
 in lN,")(l; the se\'entli eilition of Story's Ivjinly 
 .fui'isprudence. the sixth edition of Stor\''s 
 Eijuity I'leadings. and tfie liftli edition of 
 Story's ('onllict of Law^s in LS.'iT ; \-olumes 9, 
 in, 11 and 1 -J of ('nslnng's Massachusetts Le- 
 porls loi' 1S5(>, Ls.jT and Isdll; the thii-d 
 edition of Story's ( 'ommcntarii.'s on the I'nited 
 Stall's ('laisl itution in 1 So,S ; the fifth editions 
 ofStoi'\'ou I'ai-tnci'ship and of Story on I'l'om- 
 issiii-y Notes in 1 Sol) : the f a.ii-|li edition of Storv 
 on Hills of Iv\ change in 1 S(l(l ; the Massachusetts 
 HigesI from lsi)4 to l.SoT. in company with 
 V. V. Heard, in l.siij!: the se\-enth edition of 
 Stor\- on Lailmcnis in 1 St;:! : Ihe sixlh edition 
 of .'-^tory on Agency in ls()::!,tlie si'cond edition 
 ofLlackwell ou Tax Titles in LS(i4;tlie second 
 edition of Leading ('riminal ('ases in ]si;!): 
 the eighth edition of Sto|-y on liailments in 
 Ls7'>: till' fourth edition of \\'m. \\'. .StorN' on 
 Sales in 1.S71 : the se\-i'ntli edition of Store on 
 Conflict of Laws, and, with 11. W. Holland, 
 the Massachusetts Digest h'oni 1 S.IT to ISdi) in 
 LsT-l : Leading Lii'c Insui'ance ( 'ases. Ii\-e \-o|s., 
 ti'om \s'rl lo 1S77: the Ami'i'i<', in edition of 
 Indei maui-'s 1 'i im-iples of the ( 'ommon Law in 
 1 s;7S : the rexd si 'd edit ion in hook foi'iii of Lai'm 
 
niOGKA PHfCA L.— MASS A CI [USE TTS. 
 
 11 
 
 L;iw (:i k'c-lurc lii-st ilcli\x'rcil in ISTS). and the 
 AinL'i'iean nlitidu of (Toildaid nn Iviscniciils in 
 ISSO: with Kussril (ira^anil II. W. Swift the 
 >[assa(_'hus(,'tts l)i^vst fr()rnlS()4 lo 1 S7!) in 1 SSl ; 
 tilt' third American edition of llenjannn on 
 Sales in ISSl ; tlie fouiHi edit ion in 1 SS:',. tlu' 
 lifth edition in ISSS, and the sixth edition in 
 lSi:)-J: tlie ninth edition of I'oineiny's ( 'onsti- 
 tutional i.aw in Issii. In Jones's Index of 
 Le^al l\'riodieal Literature, |inl)l ished in hSS,S, 
 he is ereditiMJ with the authoi'ship of lifly-nine 
 articles in \'arions law journals and |)ei-iodieals. 
 Aft(a'ward lie |iul)lislied seN'eral ariieles in the 
 Forum, the Law <^uarterly Review, t lie Amei'- 
 iean Law Ke^istei', the ILirNai'd Law Pie\-iew, 
 and otlier law joui'uals. 
 
 A lecture written liy him. eut itied " The l'"our 
 (iospels from a Lawyer's Stand|>oint," has hetai 
 fn.'i|uently deli\-ei'eil liefoi'c eon n'l'en'at ions of 
 diftei-ent i-(di,L;ions heliets, associations of (d(a'i;y- 
 nien. and othia' Lodies. 
 
 In rclic'ious sym]iatliy ami Nvoi'k Judc'c 
 ISeiniett was |)i-ominentl>' allieil to the I'rotes- 
 tant Episcopal chui'ch : ilniann his residence 
 in Taunton hi' was for many \'eai'sa wai'den 
 oi' \'estr\'man of St. 'I liornas's pai'ish. and while 
 in ]>oston he was foi- se\'eral years warden of 
 St. Paul's chui'idi. He was for many years a 
 memlier of tin- Standine; (.'omndttee of the 
 L)iocese, often one of the delej^ates to the Dio- 
 cesan ( 'oin'ention. and at the time of his de- 
 cease a mendier of the Liocesan Hoard of 
 Trustees for J)onations, Lie hecame a tiais- 
 tee of the ]']pisco}ial Theological S(diool in 
 Caird(rid,!j;e in l.SSi' and its pi'csideid in 
 LSi)."), suceeeiline the late Hon. Rohei't ( '. 
 W'intlu'O]! in that office. In |S7-| he was one 
 of the delegates from the Hiocese of Massachu- 
 setts to the (leneral Triennial ('on\-ention of 
 the I'rotestant I'^piscopal church in this coun- 
 tr\', and with a single exception he ser\'ed as 
 a delegate tf) ex'ci'V succeeding (ieneral 'I'ri- 
 erniial (Convention down to the time f)f his 
 death. H(; h'e(|nfaitly ofhciatcil as a mianher 
 of the con\'ention's Connnittee on the ( Consti- 
 tution and < 'anons. 
 
 In politics he was jii'st a Wdiii;. and aftei'- 
 
 wai'ds a staunidi KepuMiean from t he organiza- 
 tion of that jiai'ty. In lsi)l ( io\'ei-nor Russell 
 ajipointed him cliaiiman of the IJoai'd of ( Com- 
 missioners for the I'romotion of I'ndoi'inity of 
 Legislation in the I'niteil States, and in ISJH! 
 he was ap[)oiiited liy ( !o\'ernor \\'<ilcott as 
 chairman of the ( 'omiidssion on the Re\dsion 
 of the I'uljlic Statutes. Lor many yea I's he was 
 a prounnent iiKanhei' and otticer ol the < )ld 
 ( 'olony Histoi'ical Society, and upon the cele- 
 hration of the i^'iOth anni\'ei'sary of the .settle- 
 ment i;)f Taunton, in IS.Si), he dcli\'ered the 
 Ilistorieal Addi'css. In all these ca[iacities he 
 displayed that cnei'gw dignity and interest 
 wddcdi were chai'acteristic of the man. 
 
 In concluding this hrief nK'moii' of Judge 
 lleiniett allusion may he made once more to his 
 careei' as a. law teacher, wdiich hrought him 
 iido personal contact with so many students 
 of the law. He I'ounded out a half centui'v of 
 acti\e work in his pi-ofession, and up to the 
 last was keenly ali\-e to the principles and in- 
 terests of e\'ei-y hranidi. He was a pi'ofound 
 and leai'iicd lawyei; hnt his succi.'ss lay chiefly 
 in liisahility to impart hisknowdedge toothers. 
 He was exceptionally gifted in his command 
 of language, yet his gifts were litei-ai'y rather 
 than oratorical. His sense of huinoi' was irre- 
 [d'cssihle : he was a man of warm sympathies, 
 of deep knowledge of human nature, and of the 
 ])Ui'est ('hristian charactei'. Huring his con- 
 nection with the Loston Law StJiool more than 
 PJIMI graduates recei\-e(l the impress of Hean 
 IlenncdJ's s[)ii-it ami |iersonality. The institu- 
 tion owes its adxancement and high standing 
 lai'gely to his al)le guidance: its graduates, 
 scattered throughout the Lnion, owe their 
 early ins|)iration and training to his kind 
 and gentle mannia's, his wonderfiil ahilitv as 
 an instructoi', ami Insnohle, unhiased helpful- 
 ness. He had the powi'i' of stiimdatnig his 
 pupils, of exciting tlieii' curiosity, and of iii'ging 
 tlnan to \\-ork out dilticadt [>roliIenis, and he 
 tiiok a personal iidei'esi in e\-ei'\' student under 
 his charge. 
 
 .\l the nn.'iuoiaal sei'\uces in Imnoi' of .ludg(.' 
 I!(aniett, held at Taunton, .Mai-cli ID. LsilS.tlie 
 
12 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 followiiii;' resolutions were adopted hy the Bris- 
 tol eouiity bar : 
 
 "In tlie death of I'Ahnund H. liennett our 
 l>ar has sutl'ereil a !j;rie\'0us loss, a loss reeoi;- 
 iiized and shared in hy the whole coniiiiunity. 
 .Vnd yet our grief at his death is rjiingled witli 
 joy and pride in his life. lie has passed away 
 full of years and lionor and followed Ijy the 
 Ijlessings of his fellow men. He was an al.)le 
 and eonseieutious lawyer. With a wonderful 
 grasj) of details he conihined a profound insight 
 into legal prineiples. He was not the sla\e of 
 precedent, and ever sought toestahlish liiscon- 
 (dusions in the spirit of justice and e(|uity. 
 1 1 is long ser\-iee as judge of our I'roljate ( 'ourt 
 Ijrouglit him into close relations with the ]ia- 
 thetic and domestic side of the law, and his 
 memory will long he cherished for his rjiany 
 aetsof kindly courtesy, especially liy those who, 
 without counsel, sought his guidance and as- 
 sistance. His industry was astouinling. and 
 <leinonstrated the old adage that • Lalior (i\-er- 
 comes all things.' He not only showeil the 
 path to true success in the law, hut leil the way. 
 Always aflahle, considerate and patient, lie 
 seemed to get the hest out nf otheis Ijv gi\ing 
 them the best that was in himself. 
 
 "He .sciught light that he might give light. 
 As a teacher he was not oidy esteemed hut also 
 l<t\'ed l>y his pupils. His clearness and higic 
 captivated theii' mimls, w hile his sim[ili(/it\- and 
 sympathy won their hearts. lie was a good 
 citizen and a good man. e\'er watchful to dis- 
 ci'rn and zealous to promote the best intei'ests 
 of the connnunitv in wdiich he li\-c(h Strontr 
 in his convictiiins of right and dut\-, he was 
 fearless ami pci'sistcnt in maintaiiung them 
 both in pri\-atc station and in public oHice. 
 Imbued with an earnest religious faith, he was 
 tlie (anliodiment i)f gond-will to all. Modest 
 yet able, studious yet not pedantic, gentle yet 
 feaidess, he has left foot-prints on the sands of 
 time wdiich all shall do \\A\ to tullow. As a 
 skilleil adx'ocate, wise counselur, upi'ight judge, 
 patriotic citizen ami \irtu<ius man he has left 
 liis lasting impress for good on the minds nnd 
 hearts of his gcnci-ation. Tn us espcciallw his 
 
 biothei-s in the law, his life has been and must 
 continue to be an ins]iii'ation and a lienedic- 
 tion." 
 
 •ludge ISennett was marrieil in -lune, l.So.'i^ 
 to Sally, the second daughter of the late Hon. 
 Samuel Leonard ( 'rocker, memljcr of congress, 
 of Taunton, Mass. His wife survi\'es him. 
 1diey had foui' children : ('aroline, who died in 
 infancy: Ivlmund Xe\'ille, who died in is.sl, 
 within a year aftei- his graduation from Brown 
 Tniversity: Samuel ('., the dean of the Boston 
 hinxcrsity LawScdiool: and Maiv B., wifcof ! *r. 
 William M. ( 'onant. 
 
 SAMl'KL ('];()( dK'Ki; BI-:XNETT, dean 
 of the Boston I'niveisity Sidiool of Law. 
 is the eldest survi\'ing son of the late Ibjn. Ivl- 
 muml I Iat(di ISennett. LL. I >.. and S;ill\' ( 'lockei'. 
 
 / 
 
 SAMUEL C llENNE'IT. 
 
 his wife, and was burn in 'rauntoii, Mass., April 
 U», IS.'.S. He attended tlu' public schools of his 
 native city and St. Mark's School at Southboro, 
 Mass., and aftei-wai'ds Adam-^ Academv at Quin- 
 cy, of which the late Professor William ii. 
 Diinmock was then ]>iincipal. hi June, 1 .s7o, 
 he was grailuated fmm this institution and 
 
DIOGRA PHICA A.—MASSA CHUSE TTS. 
 
 13 
 
 Aiiiiiiil; the imtcil (Icsceiidaiits of Saiuuel 
 Liiiciiiii wiTi' L('\'i Liiicol II, attdi'iicv-ticiiei'al of 
 
 entered Harvard College, fi'oin wliicli lie was descends the siihji'ct of this skelcli. These nieii 
 gradnated with the degree of A. 1!. in 1S7!». all caiiie from lliiigham, I'jiglaiid. 
 While then' he gave speeial attention to ilas- 
 sical studies. He read law with his father, 
 ri'eeived the ilegree of LL.B. from the Boston the I'nited Stales and lienfenant-go\'ei'iior and 
 fniversity Seliool of Law in June, iSSi', acting g(i\-ernor of .Ahissacliusetts : Le\i Jj'n- 
 and was admitted to the Suffolk har in .laiiuarv, coin, ji'., his son, foi' nine vears go\'ci'iior of 
 1S,S4. Since then he has praeti^■ell his })ro- Massachusetts; lOiiocli Lincoln, another son, 
 fession in Boston, heing a law partner of his go\'enior of Maine, and also Ahi'aham Lincoln, 
 father until the latter's death in .lanuaiy, ISIIS. the late ])residenl of the I'nited States. Sam- 
 Mr. Bennett hecame an instructor in the 
 
 lioston rnix'ersity Law School in LSS-J and in -. - ., 
 
 ISS;; \\'as made professor and assistant dean. 
 In LSS9 lie resigned the assistant deansliip, 
 hut was reapiiiiintt'il to the })osition in isiij, 
 and u[)on the death of his father hecame acting- 
 dean of the institutiim. He was elected dean 
 in .luly, IsilS. In the genei'al practice of 
 his profession he has gained a prominent 
 |>lace at the har, and as a law teacher he has 
 won a good I'cputation. He was one of the 
 editors of the ninth Amci'ican Edition < if Smith's 
 Leailing ( 'ascs. and of the latest edition of Ben- 
 jamin on Sales, and has done otlici- legal work 
 of similar eharactei'. He has licen a mcaiihi'r 
 of the liostiai Ikll' Association for some years. 
 Li politics he is an independent and in I'eligion 
 an l']piscopaliaii. 
 
 ( )n Si/ptemher 9. LSS.'j. lie iiiari'ied .Miss A m\' 
 !;.. daughter of JJon. Ivlwai'd Isaiah Thomas, 
 of Brookline, .Mass. 
 
 uel Lincoln, the immigi'ant, had sons Samuel, 
 
 J )aiiiel, Mordei-ai and Thomas, and died May 
 
 :^(i, lliDO. Samuel Lincoln, jj'., who died in 
 OLOMOX LINCOLN, ]3ostoii, isdcscended .Maivli, l?'.^!, was a soldiei' in King Philip's 
 from one of the oldest and most respected \\'ar. He marrieil Lclioi'ah, daughter of Will- 
 
 families of Hingham, Mass., wln'i'c he was hoi-n iam I Ici'sey, of 1 1 iiigliam, and among their se\'- 
 August 14, Ls;!S. Jn l(;;;(i house lots were ei-al children was .ledediah, wdio was horn < )c- 
 granted in that place to Thomas Ijincoln, the tolici' ■^, KiiCJ, and married ISethiah, daughter 
 ^niler, 'Lliomas Lincoln, tlie Wea\'ei', and of f^nocli Wliiton, of Hingham, and died Sep- 
 Thomas Lincoln, the ( 'oopei-. Li I (i.'is 'Idiomas temlier li-'!, 17^:',. f^iioeh Lincoln, son of 
 Lincoln, the Hushanilman, and his hi'oflici'. .ledediah, was t he fathei' of ( !o\-ernoi-s Le\i and 
 Stephen Lincoln, were gi\'en similar gi'ants. ImiocIi, just iiicnt ioiied, a nd also the fitlier(.)f 
 and in 1(J44, the name of J)aniel ijincolu ap- William Lincoln, wdio was hoin August lo, 
 peai's on the tr)wn I'ccords. Samuel Ijini-iiln, 1 7l'!), marrieil .Mary, daughter of I'^phraim ( )tis, 
 hrothei' of the wea\'ei'. came to this country in of Scitiiate, and died No\eiiilicr 17. 17i*'_'. They 
 ](i.'!7 anil settled in Ilimjliam: and fi'oni him had se\'eral children, amoiiL: them Lew lleni'\' 
 
 .■,Ol,"Mi 'N ].J:ncmL.\. 
 
 s 
 
14 
 
 THIi fl'DfCfARY AND THE BAR OF NEW ENGLAND. 
 
 (iiiil Soloiiiciii Liuciilii. Till- hitter wa,- l)Orii in 
 August, iT'iT, iiiaii'ii'il Lyilia. danglitcr of Jesse 
 ami Aliii;ail (llanies) Bates, (if I liiiulialii. and 
 died I )(■(•(■) id ler 1:11 . ls;il, 'I'lieir son. Sdlniiidn 
 Lincoln, was liorii Felu-uary 2S, 1S<I4, was 
 .graduated from ISrown I'nix'ersity in Is-^:^, and 
 became a |)idniineiit lawyer, Imt s[ient tlii' lat- 
 ter part of liis life as casliiei' and sulise(|nently 
 as pri'sident of the Xational W'ehster Hank of 
 Boston. He was a niernhei' of hoth liraiiches 
 of the Massaehuselts Legislature, a hank coiii- 
 iriissioner, and a Lnited States marshal, and 
 died in issl. lie marrieil, XoN-cmher 1 •■'>, is;!?, 
 Meliitahlc Lincoln, who was horn l)eceiiiher L 
 L'sds. .h'sse Hates. ahoN'C mc'iitioned, was a 
 LeN'olutionary soldier, as were also Welcome 
 I>int'idn and Nathaniel (!ill, two of Mr. Lin- 
 coln's ancestors. Lydia Hates, daughter rif 
 Jesse, descendeil from Uiidiard \\';irren, who 
 came oNcr in the Mayflower, and from Uol.iert 
 ISartlett, whfi arri\'ed in the sliiji Ann in llii'-'!. 
 Solomon Lincoln, it will he seen, is in the 
 eighth generation fi'om Samuel Lincoln, one of 
 the earliest settlers of Hingham, wdiere descend- 
 ants have e\-er since resided. He ohtained a 
 good iii'e|iai-ator\' education at l)erViy Academx' 
 in his nati\-e town, and in the I'ark Latin 
 SidiOdl df Hoston. under the direct tntelage of 
 I'rof. Iv W. (hirney. oiu' of flie rjiost noted 
 teaehei-s of his day. In 1 SoJ he entc'ied the 
 so[iliouidre clas,- of Har\'ard ('ni\'ersity and 
 was graduated therefrom with tirst honors in 
 LSoT, deli\-ci'in!_; the \'aleilictor\' address. 
 A\ Idle in college- he hecaiiie es]ieciall\' pj'oH- 
 cient in the classics and mathiMuatics, and in 
 the spring; of 1 .S.l.S was a|)|>ointed Ilar\'ard 
 tutor of <!reek and Latin. Later he was made 
 tutor of mathematics, and w Idle filling these 
 positions took up the study of law at Ihe Hai-- 
 vard Law Schddh from which he recei\'ed his 
 degree dt LL.H. in ls(i4. Ii;i\'ing spent w por- 
 tion ot the [in-cediiii: \earin Lairope. He al-o 
 reail law with .'-Stephen H. I\'es. of Salem, was 
 admitted to the hai'iii theaiiliimn of LsiiJ, and 
 \\-as associated with .Mr. hcs in practice until 
 Issl. lir-t nndei' the style r)f IvotV Liiicdhi 
 and aiferwal'd a- I\-e-. Lincoln iV Iliinti-ess. 
 
 Thehrin soon oi)ened an office in Hoston, where 
 Mr. Lincoln lajiidly gained a high standing for 
 his ahility and industry. FromlSsf tolS9(i 
 he [iracticed alone, and since then he has had 
 as a pai'tner W'altei' L L]adger, the firm name 
 heing Lincoln tV: ISadger. 
 
 ^\\. Lincoln successfully huilt iqi a large 
 gi'neral pi-actice. whicdi has developeil within 
 recent years into themore sjiecilic departments 
 of railroad ami corporation law and rif the law 
 of trust comiianies. He is one of the ahlest ami 
 strongest memfiers of the hkist<"in bar. and in 
 many respects a recognized leader. Asa coun- 
 sellor and advocate he has few su[ieriois. His 
 hiilliant int(.-lleetual ipialities. his excellent 
 judgment ami common sense, and his wmidi-r- 
 ful faculty foi-(dearly pi'csenting the facts make 
 him a power in the coui'ts ami heforejui'ies. 
 He po.s.sesses a jirofound know ledge of jui-is- 
 [irudence, particularly of that hi'anch relating 
 to corporations, in whit-li he lias had much e.x- 
 perience. I'Virseveral years he was the general 
 counsel fif the Boston and Maine Kailroail. and 
 since ISSS he has heen the solii/itor of the Jios- 
 ton Safe L)eposit and Trust ('omjiany. He has 
 also acted as counstd for x'arious other rail]'<iad 
 and financial corjiorations. and is a director of 
 the trust company just named and rif the Na- 
 tional Hank of the ( 'ommon wealth. He is a 
 consistent Repuhlican. hut has ne\'er heen 
 active in politics noi- acce]ited puhlic oftiee. 
 He was })i-esident of the IJoston Bai- Assnciation 
 fdi' twd years. 
 
 In Issj! he was elected dui.' iif the ( )\'erseers 
 of Har\ard l'ni\-ersity and since IsjMl has 
 sei'ved as president of the hoard. Lie is also 
 |iresident of the trustees of the lioston Puhlic 
 Library, iiresident of the I'nion and St. Botolph 
 Clubs, \-ice-presideiit of the rni\-ersitv and 
 Lnitarian t'lubs, and a memfjer of the .Massa- 
 (dnrsetts Historical Sneiety. the American 
 .\iitiipiari;in S(M;i(.'ty. the New ICngland His- 
 toric-(.Tenealogieal Societw the Bostonian Suci- 
 ety. the Blinker Hill Monument Association, 
 the Somersef and ('oiintrx" (.ditb>, the ('enturv 
 and Ilarx'ard ( 'liibs df New \"iirk. and the 
 Siiutli ( 'onui'egational ( rnitarian ) cliiircb. [n 
 
BIO GR. 1 PI lie A L . —M. I SS. I CH USE T TS. 
 
 15 
 
 1 S74 and 1S7!( lie \\':is a uk'iiiIkm', willi rank cijiiiitv, wlicrc he liccaiiic a |>i'(jiiiiii('iil iiici'cliaiit , 
 
 i>t t-oluiiel, of tlu' ^ON'rnior's stall'. cotton liiaiiufai'turi'i-, and cilizcii, lioldiii^- sc\-- 
 
 AmonLi,' his pnlilic addresses may l)e men- eral offices of trust. Afterward lie i'eiii(i\'e(l Id 
 
 tioned tlie one deli\-ered at tlie I'oOtli aiiin\-er- I>uri-il!\dlle and died in |S41. His eldest son, 
 
 sarv of the settlement of tin' town of Ilin^liaiii, Wilson ( )liiey, lioiii in 1 'ro\ideiice, U. I., .lan- 
 
 wdiitdi appropriately t'mwneil a similar elfoi't uai'y 10, ISO-^;, was fir many years a leadimj,' 
 
 of In's father's just fifty years hef ire. Mr. Lin- ivsidiait of ( )xford, lieiiiu acli\'e in tlie manai;e- 
 
 c(iln is an caierj4'etic, proeressive and |iulilic m(ait of the ( )xfoi-d liaiik and fini;' a manufac- 
 spirited man, and has achie\'eil (ainneiice in 
 hoth professional and ei\dl life. Spriiii^inn 
 from several noted New iMmland fannlies, he. 
 
 I Ui'cr iif woolen i^'Oods. IIedie(l Lelii'iiai'y I'd, 
 l>!74, uni\'ersall\' i'especle(| and hunoi'ed. llis 
 wif', I'jliza L., was a ilaui^htci' nf I'etei- Unllei' 
 liv his own afiilitv and industrw uaineil a must and a ^randdauijhtei- (if -lames l'>utlei-, hot li of 
 
 enviahle reiiutation. and worthily ic|iivsent^ 
 a sulistantial and hdmireil aneestrw 
 
 ()xf(ird. -lames l!utlei''s wife was Mai'y Siecm r- 
 ne\', whose e'real-era ndfatl lei'. .Vuili'ew Si^dur- 
 
 He was mai'ried I'^eln'oary l-"i, lS(;."i,tii I'dlen ney, a French Huunennt, lleil h'oni I'" ranee at 
 
 Ih'iiwn Hayden, daughter of laiait(aiant-( io\'- the UeNncation of the I'Mict of Nantes and was 
 
 (a-nor -Iiiel Ilavden. iif Hayden\-ille, Mass. She the must acti\'e man in the setthaiaait of ( )x- 
 
 died ^^arch is, iSiiy, leaNdng one dauehtej', fird liv the Ilu^maidts in 1 (iS7. W ilsnn < )| ne\- 
 
 He 
 
 and I'di/.a L. liutlei' had toui' sons : Kichard 
 < )hK'V, the suliieet of this sketch : I'ctcr !'>nt lei' 
 
 "0 KdlAKD OLXKV, Hdslen, has iKit onlv 
 
 X. V achie\x'(| eminence at the har i>f New 
 I'^nelanil, hut has won distinctinn in the coun- 
 cils of the nation. Ill the twofold capacity of 
 lawyei' and statesman he is prciliaMy hetter 
 known than an\' ntlier man wilhin t he t(a'rilnr\' 
 ascrihed to this work. lie is desceiideil h'om 
 Thomas Oiney, who came from St. Alhans. 
 Hertford, Ene'lainl. and settled in Salem, Mass., 
 in Kid-l.' Feai'less and indepiaidiait in his lie- 
 lief this ddiomas ()lney was a trusted adiiia'i'iit 
 of UoL;er Williams, and wlaai, in lii-'IT, the 
 latter was discijiliiied and excdmimniicated Ky 
 the ecclesiastical rulers of .Massachusetts Bay 
 he shared his pastor's seiitcaice and expulsidii. 
 Ill' hecame one of the founders in I i;:;7-;;,S of 
 the Iihode Island and I'rox'idenee 1 'laiitat iuiis 
 and also of the IJaptist church in Aineiiea. 
 His desceridants foi'iu one of the ei'C'at fimilies 
 
 of Rhode Island to-day. ( )iie of llaaii, K ichai'd < )lney, a prduiineiit mem Ik a' dt' the New \ nvV 
 < )liiey, lioi'ii in Smithficid, W. I., in 17711, he- liar: (iiM^i'^c W. ()|iicy, a lead iiie \\ddlen man- 
 came a leadiiie' mendiant in l'rd\'idenee and uf icturer df Wcirecslei' cdiinty, Mass., w liii d ied 
 one of the pioneers in cotton mamifacturiiin' in Leliruary '1>^, 1S!)4; and hi'cdiaaek .\. ()lney : 
 New k]nL,dand. In 1X11 he estahl islied cotton and also one dau,u,ht(a', ( lci-t rude, wi I'e nf 1 hm. 
 
 ■aciiAKii ui,M';\ . 
 
 millsat Ivist I)oii,i;las, Wdreestei' cuuiily, Mass., 
 iind in 1X19 i'eiiid\'ed td()xfdrd, in the same 
 
 I'dien S. Sle\-eiis, (if < ,)u iiielia II l;\ ('diiii. 
 
 Uichard ()lncv was hdrii in ( )xf(ird, .Mass. 
 
THJi JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 Se))t(.'iiil)ei' !•"), Is;]."), ami ivecivt'il hi.s in'cpava- 
 torv education at Leicester Aca(k'iny. He was 
 graduated from Bro\\-ii L'ni\'ersity \\ith liigli 
 lionors in ISofi, and then entered Harx'ard Jjaw 
 .School, wliere he took his degree of IJj.l). in 
 Is.lS. In IS.!;) he was admitted to the Suffolk- 
 liar. His ])i'ounneiice in the law began while 
 lu- was a stucU'nt in IIar\ard Law School, 
 where he was picked out hy his instructors "as 
 a young man of uncojiunon good juilgment, 
 of trained methods of thought, and of unusual 
 acumen." It has heen said of liim that "as a 
 student his industry fairly amounted to a ra- 
 pacity of learning." Immediately after his 
 admission to the bar he cHtcred the office of 
 Judge 15enjaniiii V . Thomas, of ]>oston, whose 
 flaughter, Agnes Park Thomas, lie married ou 
 the (itli of March, l<S(n. An appreciati\'e sketch 
 of Mr. ( )lney which appeared in the(lreen Bag 
 for June, LS9;!, contains the following descrip- 
 tion of his early career : 
 
 " Li'diri the time he entered .Indge Thomas's 
 office until the. judge's death twenty vears af- 
 terward the niatious ol' these two men, hoth 
 professionally and otherwise, were X'cry close. 
 They were constantly employed tngetherin the 
 saine cases, and as the yiiunger man matured 
 he grew to lie more and mni'e his elder's asso- 
 ciate rathei' than his Junioi'. Tln're was a 
 synqiathy and congeniality of mind in hoth 
 men that produced striking I'csultsin Ihepreji- 
 aration and pi'csentation of Iheir cases." 
 
 .Mr. ()lney's praclice le(l liim into the law of 
 wills and estates and the law of cdi'porations, 
 and upon hoth he is a recngnizcil authoritw 
 In his youngei' days lu- was an admiralile triei' 
 of causes and a most fnrcefid ad\-ocate. His 
 clearness iif pci-ceptinn. his soundness of intel- 
 lect, his juilicial (|uality of mind, and his pro- 
 found kiiowdt'ilge of the law ga\e him special 
 aiK'antages in leading his clients to a safe and 
 sure jiosition ; and to his remai-kahh; foi-ce of 
 intellect is comhined indefatigahle industi-v, a 
 splendid physical constitution, pinmptuess and 
 thoroughness. His pieparation of cases is al- 
 ways complete in e\-ery detail, and his hivadth 
 of \-iew is C(imjii'eheirsi\'e. His hoiiest\- and 
 
 fairness are mnversally recfignized ; hisjudicial 
 temjierament is thoroughly apjireeiated ; his 
 ultimatum is generally accepted. As a cham- 
 ber lawyer he has gained an enviable rejiuta- 
 tion. He is a, close student, an onniix'orous 
 reader of all kinds of literature, and a man of 
 the utmost simplicity of character, hating all 
 shams and a\'oiding disjday. He possesses 
 those great legal (pialities that win universal 
 admiration. As a junior his accumulation of 
 facts and marshalling of e\'idence ga\-e his sen- 
 iors uidimited confidence; his faultless logic 
 and ingenuity of nnnd could always he de- 
 ptaideil u]ion. As senior counsel he has dis- 
 playe(l those same qualifications ; his kindness, 
 courtesy and [latience toward his younger as- 
 sociates have been unfailing. In late years his 
 }iractice has heen that of adviser of great cor- 
 pO]-ate and commercial interests and in the 
 settlement of estates, wdiicli has seldom brought 
 him into court. The sketch before referred to 
 also contains this extract; 
 
 " In his presentation to the court of a (jues- 
 tion of law he is not e.vcelled Ijy any lawyer in 
 New Lngland. His logic is clean-cut, his dic- 
 tion is W'OnderfuUy pure, his rhetoric is always 
 perfectly adajited to tlie subject. His [lower of 
 condensation is remarkable; his deliverii' with 
 a well modulated voice and clear enun- 
 c-iation is most con\-incing. He has more tiian 
 once been ottered a place upon the Supreme 
 Judicial Court, but always declined, preferring 
 to remain at the bar." 
 
 Ml-. Olney was lioi-n and raised a Democj'at 
 of the John (^uincy Adams class, and has al- 
 ways adhered to that school of politics. He 
 ser\'ed one year in the lower house of the ^Mas- 
 sachusetts Legislature and in l.STti \\'as the 
 Democratic candidate for attoi'uey-.general of 
 the Connnonwealth. But he has never sought 
 public ofhee. After thirty-five years of assidu- 
 ous devotion to the law he became, on March 
 (i. Is;);*,, attorney-general of the I'nited States 
 in President (Jeveland's cabinet. In this re- 
 sponsilile position he more than fulfilled the 
 prophecies of liis most ardent admirers, and 
 pi'ON'eil himself to be a statesman of great abil- 
 
BIOGRA PHICAL.—MASSA CHUSHTTS. 
 
 17 
 
 ity and power. Anuinu, the many iliicuuK'iits 
 whicli came iVoin his hands, ami w liich liad a 
 jiotent intluenee on the immediate and future 
 att'airs of the t^ovei'nment were the following: 
 A letter transnnttinL;- to Congress the draft of a 
 liill to reorganize the Union raeille Itailway 
 ('om[iany. and to readjust and seiaire the elaims 
 of the I'nited States against said company, 
 Executive Doc. Xn. 2(i."., April Lii;. 1S!)4; oral 
 argument before the V . S. Supreme ( 'ourt, ( )cto- 
 l)er term, 1(S!)4, in the habeas cor[ius proceedings 
 against [{lugene \'. Defis et al., petitioners, which 
 grew out of the ( 'bicago strike ; a sinnlai- argu- 
 ment at the same term on the rehearing of the 
 cases of * 'harles l'ollo<-k vs. the farmers' Loan 
 and Trust ( 'omjiau)' et al.. and Lewis 1 1. Hyde 
 \'s. The ( 'ontincidal Trust ( 'nmpany i")f the city 
 of New York et al. (Hrst lieai'ing reported in full 
 in 1-j7 U.S. i;e}i(>rts, 41*9), which in\-()l\-ed the 
 constitutionality of the int-ome tax law: some 
 suggestions suliuntteil, as (Hiiirns rnriin. 1)\- ex- 
 press lea\'e oi' the cciurt, in the e(|uity case of 
 ddiurnasC, I'latt \-s. I'biladelphia and Reading 
 Railroad ( 'o. et al., as to the legality and pro- 
 priety of labor organizations. U. S. ('iiHaiit 
 (.'ourt. Now. US94: and a communication sug- 
 gestinu cbani^es in a propijsi'il act concerinnL; 
 cari'iers engaged in inti'i'state commerce ;ind 
 their em})loyecs, known as tin.- laboi' aitiiti'ation 
 bill, -Tanuarx', Isit-l. His promptness and 
 thorougliness in enfoi'cin^ the law during the 
 celebrateil " Rullmanstrike " in Usi)4 madehim 
 many friends tbirtugbout the <'ounti-y. 
 
 ( )n .June Hi, lsl)."i, Mr. ()lne\' became scci'C- 
 U\r\ of state, ami in this cajjacity sei'\'ed <lui'- 
 ing the i-emainder of Presidi'Ut ( 'le\(dand's 
 second ailministi'ation, resuming the ]»-actice 
 of bis profession in lioston, in .Mai'cb, lsi)7. 
 As secretary of state he is ci'editeil with accom- 
 plishing, in less than two years, moi'c than any 
 other man during a similar pci'iod. IIec(d- 
 lecteil the bmg standing Moi'a claim from 
 Sjiain, amounting to 81 ,•">(>( ),()()0. lie was 
 pi'omineiit and aeti\'e in ('uban all'airs, insist- 
 ing ujion the rights of Amei'ican citizens and 
 Ameiican interests to [iiote('tion. lie inaugu- 
 rated the svstem of ci\'il s(-r\-ice cxaiinnations 
 
 for applicaids lor consulai' places. lie was 
 especaally inlluenti.al in the gcnei-al .arbi- 
 ti-ation treaty matter with (dvat Ib'itain in 
 ■lamiary, USDT. This and his coiniection with 
 the \'enezuelan li(Uindai'y (pieslion, as |-epoi'ted 
 in the " l'\)reign Relat ions of the Uintc(l States " 
 fo|- ISI).") and ISIKl, brought into exel'cise his 
 gi'cat sl,atcsmanshi|i and sti'ong legal (|nalities, 
 and stamped him as a mastei' ot intemal ional 
 law. 
 
 As att.orney-g(aiei'al and se(a'etai'y of state he 
 was a dondnating iidhaaice in the cabinet, and 
 positi\'(dy impressed bisown powei'lid indi\dil- 
 ualitv upon e\ents of both domestic and iutci'- 
 
 national import. lie is a g 1 diplomat anil 
 
 a brilliant con\"ersationalist, jiossessinga keen 
 sense of bono)' anil a gift foi' t I'eiichant cbar- 
 actei'ization, and abogethci' be is one ot the 
 most pi'iiminent New {■aiglanders wdiidi his 
 genei'.'ition lias pi'iiduced. 
 
 T' 
 
 '^'LUR I'.KiRd.nW, Watertown, was de- 
 si -I aid I'd from .lobii Rigid ow, born in 1 (11 7, 
 who was married ( (ctober -ll, 1 ()4'J. to .Marv 
 Warren, and the s.aiiie day settled in Water- 
 town. Mass. This original American aiicestoi' 
 was the tat her III t li i lieen cbildreii, of whom all 
 but t wo sur\'i\ei| him. His lirst wale, Mar\', 
 died ( )c1ober li. 1 (lill , a in I j list tl irce \"ea rs later, 
 at the a^e ol se\'cnt \--sc\'en, be married Sarah, 
 eldest ebild of .losepli Reims. lie died .liiK' 
 14. 17'i-">. Among bis desceiidants was Raiiiel 
 Rigelow, a soldier in the old I'd'cnch wars, who 
 died at the a^c ol 1 1 inet \--t wo, lia\'ing seen bis 
 sons |)a\dd and 1dmotli\' bonorabU' distin- 
 giiislicd ill the Re\'olutionai-y annals of .Massa- 
 chusetts. l)a\'iil Rigelow, of WorcesUa'. till.' 
 elder, was born in l7-"in. and was :i iiiemliei'of 
 the ('ommittee of Ruhllc Safetv. of e\erv con- 
 \'e III ion with ill bis county . and of t be 1 'rox'inci:' 
 and State eoii\'iail ions at ('oiicord. ('ambridge 
 and Rostoii, troni the lirst measures of delense 
 ill 1774 to the presidency of W.asli ington in 
 IJX'.K lie iii.arried I )el)orah 1 1 e\- wood and had 
 seven cbildreii, the \'oiimj'est lieine- Tvler RiLic- 
 
18 
 
 THE fl'DlLlARV AXD THE BAR OF NEW ENGLAND. 
 
 IdW, wild was horn in Wdrcester, Mass., Au^ast 
 l;!, 177S. 
 
 Tylei' liini'liiw ivcei\-e(I liis jircparatorv imI- 
 ucatioii at the Worcester High ScIkhjI and was 
 grailuateil from Harvard College with honors 
 in ISOl, having entered that institution as a 
 freshman in 1797. He read law in ( Iroton, 
 Mass.. with his cousin, Hon. Timotliy liigelow, 
 a jironnnent lawyer and Federalist, who seiN'ed 
 as representative from ( li'oton from 17!^'!^ to 
 1797 and 1 S()4 to iS-Jd, as .^enatoi' f]-om 179.S to 
 1X01, as councillor in 1S(I2 and 1 .S'21 , as speak- 
 er of the House in ISO."), l.SdS, ISOI). and Isl'^ 
 to 1<S19 inclusi\'<', and as a connnissioner for 
 settling the houndary hetween Massachusetts 
 and (_'onnt'cti(ait and for the disposition of the 
 puhlic lamls, and also as colon(d of the loth 
 Mass. Uegt.. in the Rex'olutionary war, his con- 
 spicuous service in this connection h(ang re- 
 called hy a monument ei'ected to him on Wor- 
 cester ( 'ommim. 
 
 Tyler Higelow was adnntted to the hai'in 
 tlie spi'ing of 1S(I4 and hegan pi'acticc in Leom- 
 inster, Worcester county. In r)e<-emlier of 
 the same yi'ai- he rcm(j\'e(l to Watertown. Mass., 
 where he suci-(:'edc(l to the pi'actice of ^\'illiam 
 Hunt. <leccascd. 1 le soon hecanie count v niag- 
 istrate, rose to a high jtositionat the M idillcsc.x 
 har, and foi' nearl\' foi'ty yeai's continueil in the 
 faithful and enei'getii- discliarge of pixifessiona I 
 work. Though keenly intcresled in political 
 affairs, the sup]>oi-t and educalion of a large 
 famil\' ]a-e\'enteil his acceptance ol' puhlic 
 honors, wdnch mm-e than oia/e were otl'eied to 
 him. He delivereil an occasional oi'ation oi' 
 lyceuui Icctui'c, hut otherwise iicitlna' sonehl 
 noi' cared for | lulilic distinction. Huimg ihe 
 latia- years of his life he was \v\\ deaf liut he 
 was e\'er a I'Caih' listener and alwaxs took a 
 deep inti.M'i'st in the a (fairs of his town. ( 'ommon- 
 wealth, and nation. He died .May '!'■',. 1 S(i."), 
 and foundeil, l>y a pi'o\'iso of his will, the 
 scholai'ships ;it ll;ir\'ard which he;ii- hi- u.aiiie. 
 
 Mr. r>i^:elow" W;is mariled Xo\-eiiil \v\ 'IV) _ 1 ,S()(1. 
 to his eousin. ('Lai'.'i ISigcdow. dauuhtia' of ('ol. 
 Timothy f]igelo\\\ of Woi'ecst(a: .Mas-. She 
 dieil in l.s4ii. at Kixaa'side. on ihe iicjilh hank 
 
 of the ('hai'les Uix'ei', whi<di he had [)Uichased 
 in istis. They had eight ( hildicn, of wdioni 
 four sons were graduates of Hai'vanl and one, 
 ( 'harles Heni-y, of We.st Point. The latter he- 
 came captain of engineei's in the V . S. military 
 sei-\ice an<l died at New Bedfoi'il in \>>Vv>.. 
 Anotliei- son died in infancy. The other two 
 children were daughters. .Mr. Bigelow mai'- 
 lied foi' his second wife Mi's. Ilari'iet Lincoln 
 \\'hitney, dangliter of Ahraham Lincoln, of 
 \\'oi-cestei', Deeeuihei- lo, 1S47. She died in 
 1 S.-j.-!. 
 
 GL()1;(;k TVLLi; iucllow. ll.d., 
 Boston, associate justice of the Supi'eme 
 .ludicial ( 'ourt of Massachnsidts fi'om LS.KI to 
 iSdd and idiief justice until iNlu, W'as the ,-on 
 of 4\ l(a- and (.'laia (I>ig(dow) ISigtdow, and a 
 lineal descendant of .lohn ISigelow. and was 
 hom at Ri veiside. \\'atei'1own. Mass.. Octoher (i, 
 1 SlO. (See sketi-h of 'J'yler Ligelow for history 
 of ancestors.) 
 
 He was sent in lS]!» t<i the Boston Latin 
 School, wdiere lie soon <listinguishe(l himself as 
 a diligent, studious, and amhitious scholar. Jn 
 1S2-") he entered the h'eshmaii elassof Harx'ard 
 (V)lleec and was graduated in ls-_i9. Jn the 
 following N<i\'endiei' lie hecame prineip:d rjf the 
 Brook\ulle Acailiauv in Marvlaml. which posi- 
 tion he filled until the spring of Ls:!(l, wdien he 
 aece[ited an olfei' as tutor to the (diildi-iai of 
 Heiu'v Blooiiishui'V, in ihe same State, with 
 wdiom he suhse(ju(aitly carried on an iutei'csting 
 con'es|)ond(.Mice. He returne(| home m is:!] 
 and hegan the stud\' of law in his father's of- 
 fice, wdiich he continueil. ti'ian the sumuKa' of 
 Is.'!.'!, ill I he oliice of ' 'harles (i. Li_)iaiig, (jf Bos- 
 tiai. He was admitieil to tin' har hefore the 
 (_'ourt of ("ommiai I'leas, at I'^ast ( 'amhriilge, 
 .laiiuary 9, 1 S.'U, and liegan act i\-e practice with 
 his fatlaa', then a viM'y hnsy c(aniti'\' law\'er. 
 In .lune, is:!-), he opened .an office in Boston, 
 where he s(ion gaiiieil a reputation forahilitv 
 and industrw In .Ma\-. Is."i7. he was elected 
 lai-ign of the New laigland (iiiards. a ])0|iulai' 
 comjiany in the <aty militia. whi(di he com- 
 
BIOGRA PHICA L.— MASS A CHUSE TTS. 
 
 19 
 
 niaudeil in the histcirit- IJidad stiX'ct viot, ami of 
 which lie was i-hdseu caiitaiii in .hiiiuary, Is;!!). 
 Being elected a ivpresentatixc in the fdllowinn 
 No\'emher he tmik his st-at in tlu' Legislature 
 in .January, 1 S40, and hy tour re-elections ser\'ed 
 in the lower house for li\t' years. l)ui'ing the 
 second session 1r' was house chairman of the 
 joint connnittet' on manufactures, and there- 
 after maintained his rank as an earnest and 
 aeti\'e leader ot the \ianig ^\'lM^s. lie also 
 
 (;EIJKGF. Ti'l.EK l;IGl-.LO\V. 
 
 contiiuied his iiitei'est in military matters, and 
 in 1.S41 was chosen eolmiel of the l)<iston i-eg- 
 inient ijf infantry, \\ Inch position he held foi' 
 three years, infusing into the oi-gani/.atioii "an 
 ethcieney, prom|)tuess, and thoroughness which 
 was ne\'er reached liefoi-c.'' 
 
 In 1S4.'> Mr. IJigclow formeil a law pai-tuer- 
 ship with Maidius .S. ('larki'. and. dc\-oting 
 hi rn.se If tii the hus in ess ot a .jui'\' ad\'ocate. soon 
 ac(|uired a luci-ati\-e praetici'. ()ne(]f his tii-sl 
 cases at this time was the defensi. of Aluiei' 
 rtogers, a con\'ict, foi- the luurdi.M- iif the warden 
 of the State prison. lie was elected Stah' sen- 
 ator frorji Suffolk cinnity in 1S4() and again in 
 ]S47, anil in .March, 1.S4S, I'csigned his seat to 
 accejit the ajipoint meiit liy (ioN'ci'nor IJi'iggs as 
 judge of the old coui't of('oiiimoii Pleas. I'lv- 
 vious to this he had seiA'cil (Joxernor I!i'ii;gs as 
 
 chief aide foi' se\'(a'a I \'cars. In ()cti>lier. 1 S.KI, 
 tlie Wdiigs nominated .ludge Ihgelow as their 
 candidate for ( 'ongi'css, an infoi'inal hallot in 
 the coiiN'ention resulliug in a (dear majority of 
 ten \'otes o\-cr c\'ei'y othei- aspirant toi- the 
 honoi-; hut t<ithe surprise and disappointment 
 of his supporters the jmlge, iidiuenced wholly 
 hy family considerations, then withdi'cw his 
 name. Inthisact hedecided moi'c wisel}' than 
 he knew, foi' almost imiin'(liately aftci-ward 
 ( ioN'crnoi' Tiriggs a[ipointed him an associate 
 Justiceof the Siipi'ianc .1 ud icia I ('oui't to lill the 
 N'acancy i-aused hy the resignation of .ludge 
 Saiim(4 Sumner Wilde, who had just ended the 
 longest Judicial ser\'ice in the histoi'y of the 
 ( 'ommon weal til, having heen appoiided in 1 .si -"i. 
 •ludge Ihgelow took the oatli of oftice Xoxaaii- 
 hcr '1\ . l.SoO, and disidiarged the duties of his 
 position with enniKail ahility and uni\'ei'sal 
 satisfaction until .Septemher 7, hsiiO, wdien he 
 was appointed hy ( lo\'ei'noi- l')aid<s chief justice 
 to succeed Hon. Lenuiel Sliaw. wdio had I'c- 
 sigiied after a scrx'ice in that exalted capacity 
 of thirty yeai's. 
 
 Judg(.' ISigelow l)e("ime uuri\allcd in the 
 (piickncss and ac(an'ac\' of his rulings on e\'i- 
 dence, and so iiaa-eased his I'cjiutation in the 
 trial of jui'v causes thai it was said of him in 
 his life as well as aftci' his death that "sitting 
 as a judge at nixi prins he has ne\'er had his 
 ei|ual. for III' hrought to his position a readiness, 
 a x'igilancc, and an aiaitcncss of compi'cheusion, 
 together with a perfect knowdeilge of the I'cla- 
 tionswdii(di e\'ery fact hears to e\'ery othei' fact, 
 wdii(di placed him in the foremost raid-: of 
 jui'ists." Ill' also achie\'ed distinction in the 
 eipiity hi-ancli. .\s chief justice he oHiciated 
 with great dignity, courtesy and aliility. ami 
 liore with ease the larger rcsponsihilitit's of his 
 position. ( )n I )eceml lei' .")1 . lS(i7. he resigned 
 his commission, mucli to the i-egret of the har. 
 wdiose memhers to the uumher of thi'cc Imii- 
 di'i'd signed petitions urging him to I'emain in 
 ollice. .\ftci-wai-il lie was actuary to the .Mas- 
 sacliusetts llospilid Idle Insurance ('ompan\' 
 until his death, wliicli occurred at IJoston on 
 the \-2{\i of April, 1-S7S. 
 
20 
 
 THE JUDICIARY AND THE BAR OF XEW ENGLAND. 
 
 His juilicial i)|)iiii<iiis, [luMislK'd in tliirty- ('nickci' Shaw, '■"((J, all ^lailiiatcs nt' Ilai'vai'il. 
 
 cii^iit \(iluiiK'S i>f tlic Uc|inits are i Iris of In Sc])tciiil)Ci-, ls.")7, he ciitercil IlaiA'ai'd Uni- 
 
 liieid statt'iiKMit, and are aimin,!^' the hest cim- \-crsity, IVinn \\l]i<-li he was ni'adnatcil in 1<S()1. 
 
 trmjiorary expcisition of lej^al prineiples. His While in (•(dlc^c lie (Ic\c1(]]m'(| a s|iecial fond- 
 
 endurint;' inonunient is the 0])iiiion of the (.-uiirt, ncss foi' Latin and general niatheniaties, l)Oth 
 
 wliieh he deli\'ered, in the famous t-ase of l>i-at- of which h<' easily niastcivil. I ']ion Liradiiatinii- 
 
 tie S(|uai-e cliurch vs. < !rant, o ( !ray, 1 42. ! k' he heuan the study of law in the o tin res of Hon. 
 
 l)i-ou,nlit to the adiniinstration of justier nian\- Hoi-are (li-ay ami ('liarlcs A- . lUaki', and on 
 
 military eharaeteristics, and did inueli to keep Xovcmhci- I-'!, lS(;il, while still a student, was 
 
 the law settled anil the counsel of the court coiunnssioned sc(/ond lieutenant in the lid Mass. 
 
 united. He was a Fellow of Hai-vard ( 'ollege ('aw On the i)th of l*"ehruai-\-. ls(i;!. he was 
 at the time of his death and a niemher of the 
 
 .Massachusetts Historical Society from Fehruai'V ' , 
 in, ls.",9. 
 
 .Judtie liiuelow was mari'ied No\'enihei' o, 
 ls;l9, to Anna, dau.^hter of Ivlward .Millei', of 
 (^uincy, Mass. He had four chililren, all of 
 wdiom sur\'i\'e him. 
 
 L' 
 
 KWJS STA(d<r(.)LI-: I)AI;XEY, Boston, 
 the son of Freilerick and Uoxana (Stack- 
 ])ole) Hahney, and was horn at hayal, A/.oivs, 
 Deeemher 21, 1S4(). Ih' is descemled hrmi 
 IJohert d'Aulii,tj,ne, a pi-ominent l"i-encli HuLi'ue- 
 not, who emigrated to Boston. Mass., and suh- 
 se(|Uentl>' an,nlicized the name into l)ahne\', 
 hoth forms appearing on the eai'h' records of 
 KiuLj's < 'hapel. His ^reat-!J,i'andfather, ( 'harles 
 Dahney, of Boston, linall\' remo\-ed (o Killim:- 
 ly, ('oini.. and dii.'d thei-e. His i^randf itliei', 
 John Bass Hahney, whose lineage is (raced on 
 his natthei-'s side to John Alden. of the I'lyiu- 
 outli ceilonv, was hoi-n on .Milk street. Boston, 
 and for many years after ahout 1 .SU.") was I 'nited 
 States ('onsul to Fayal, in the .Vzore-, w here 
 Fl'eilcilck was hol'U. I'redel'ick I )ahney hecailie 
 \'iee-< •onsul at that plaei.', and died there in 1 S.~)7. 
 J lis wife, Ko.xana, was the i laughter of Will iaiu 
 Staekpole. a leading citizen of r)oston, and the 
 descendant of an old and i-es]>ected fnuilw 
 
 .Mr. I'ahney i'ecei\'eil a tlioi'ounh ]jrepai-atoi'y 
 edueafii")!! under plM\at(.' tutoi's in Fayal. his 
 insti'uctors hein^ Lucius lleni'y l>uekin^;li,-i in. 
 '")1. decease(l. Thomas .lacksoii Lothl'op, '."ij. 
 now of d'aunton, Mass., and the late Ijoland 
 
 IK WIS S. I'AI-IM£'|'. 
 
 [iroiiioteil to fii'st lit'Utenaiit. and ahout the 
 same time, in thai month, was adnntted as an 
 attorney and counselor to the Suffolk Bar. 
 Aftei- p,-i-<inL; his examination he i^eturni'il to 
 his reuimeiit and on Fehruai'\' -l, 1S(;4. was 
 i-ommissi(]ned captain. FriJin .Ma\' of that veai- 
 until he r<'siL;ne(l and was lionorahB' dischai'L;ed 
 ■ laiiuar\' 7. lS(;."). he was a memhei' of tln' stall' 
 of (!en. (Jiristophcr ( '. Au^ui-. As a soldier 
 and officer ( 'aptain I )ahnev won the i-espeet and 
 confidence ot his men and his superioi's, and 
 was di'-l inuuished for his hra\"<.-'r\', promptness 
 ami coiiraLJ,!'. 
 
 Ketui'iiinc- to Boston, after an honorahle ser- 
 vice at ihe front, he entered Upon the aeti\"e 
 [iracli(;e (it his profession, in wdiich he has 
 
BIO GR. \ PHICA L . ~M. I SS. I CH USIi T IS. 
 
 •li 
 
 iicliii'W'il ;i liii;li re])Ht:iti(iii. 1 1 is liusiiicss li:is lie \\;is iii;i ri'ic( I April 'I'l, lS(i7, In ( 'lai'n, 
 
 ln'cu largi'ly ill till' fdiirts and ln'turc jui'ics, :iii(l ilau^lilcr of tlic lafc ( Icdr^c Tyler lii^cldW, 
 has eniliraccil all Id'aiiclics of law. His powci' cliicl' justice (jf tlie Siiprenie .linlicial ('(mrt"]' 
 ill the exaiiiiliation of \\-itiiesses, his ahility as Alassaelmsetts. TlieN' lia\-e three children li\-- 
 an advDcate, and his pnifouiid kmiwlednc uf in^: I'^rederiek Lewis, ( ardliiie Miller and 
 lenal seit'iiee are widely reeoonized. Asa trial ( leoi'^e Kij^chiw . 
 lawyer he has few sn])eririrs. lie is a wise 
 i-iiunsi'lnr anil a furct'fnl speaker, and in enii- 
 dnetiiiii' and suiiiiiiin^ u|> a cast'strikes uncrrinii- 
 ly at the facts. Kiiddwed with keen discrini- 
 inatidii and ciratorical aliilitx' nf a hiijh Drdei 
 
 J' 
 
 OIIX (OD.MAX KOI'lOS, Lk.l)., l!(ist(iii,is 
 
 (if Xew faiuland j)areiita,L;'e and ilesceiit, 
 
 his |iaternal anceslor ha \'iii^ settleil in Sahaii, 
 
 he is an e.\-eellent pleader, and his f,.ivnsic ^i.„,., „|„,„t (|,c middle <.f I he 1 Tf.h eentnry. 
 
 The ( '(idnian fiiiiily, uf which his niufher was 
 a iiieiiilier. came tu < 'liarlestown al)i>ii1 thesame 
 time. William Kopes, his father, who was hdrn 
 ill Salem in 17^4, hecanie a pruminiail iSustiiii 
 mereliaiit and the f milder "f the well known 
 house of W. l;o])es it ( o., which is still in ex- 
 istence in Xew ^'ork and St. I'ctersliiir^. lie 
 had larti'c f ireiun interests, especiall\' in Russia, 
 
 achievements are numhereil liy the score. 
 Anions; the many eases with which he has heeii 
 connected was that of the ( 'ommoii wealth \"s. 
 Li'a\'itt Alley, in «diich he was associated with 
 (histavus A. Somerhy as counsel for the deteiid- 
 ant. This was a celehrateil murder trial, and 
 came hefore the court in Fehruary, 1S7-'!. He 
 was counsel for the defendant in the hard-fouuht 
 lihel case of Raymond \'s. Russell, in March, 
 ISSS. and also counsel for the Suhway ( 'om- 
 iiiissicm ill the memorahle lioylston street ex- 
 plosion proceedings. lie was also counsel 
 a.iiainst tin' will in the Wright will case. iSSl. 
 and for the will in tin' ( 'odniaii will case, 1SS7- 
 SS, and the Searles will case, lsi)l-i)i:. 
 
 For six months in lS(i(l Mr. I)aliiiey was as- 
 sistant I'liited States attorney under lion. 
 Richard II. I'aiia, \\'itli \\dioiii lie had an otlice 
 for many vears prior to his retirement Irom 
 practice. In politics he is a Repiihlicaii and 
 in religion a rnitarian. lie wa< elected \'ice- 
 president of tln' Vy,\\ Association of tin.' city of 
 Boston ill the autumn of ISIKI, and after the 
 death of ( icorge A. Shattiic-k in Fehruary, lS!)7. 
 ac'teil as pn.'sideiit until tjctolier following, when 
 he was chosen to that ofHce, whiidi lie now 
 holds. JIi' is a memher of the .Militar\' < )rder 
 of the Loyal Legion of the I'liiled States, the 
 Somerset ('luh, the F^xchaiige ('lull, the ISoslon 
 
 Athletic As.sociation, and the I'lssex liistitule. and il was wli ile he was residing in SI . I'eters- 
 aiid \'ice-coiinriodore of the Beverlv Yacht ( 'Ink. lung that his son, the sul iject of this sketch, was 
 
 IJHN C. KOI'KS. 
 
 lie is licit only one (if the leaders of the Boston har, 
 liiit also a piihlic sjiiriteil and enterprising cit- 
 izen, and a man \\dio is iiiii\'ersal ly respected and 
 esteemed. 
 
 horn. I le (lied in Uostoii on the 1 1th ol .Mandi, 
 1 S(i'.), uui\'ersa 1 1\' respecled and esleemed. Ill 
 ISlI he liiarrieil .Martha Reed, (if Marlilehead, 
 \\diodieil lea\'iim se\"era I children. llissec(in(l 
 
THE rVDICIARY AXD THE BAR OE NEW EXGLAND. 
 
 wife, whom he wrddcd in ls;V2. was Maiv 
 Aiiiie. dauiihtei' nf Ilmi. .hihii ('(nhiiaii f)f I'xis- 
 tuu. 
 
 Joliii ('. Ildjx's was hnrii ill St. Pcteishurg, 
 Russia, April i!s. iS.'Sii, ami aeeninpanied liis 
 pareiitson tlieii' I'eturn to Ilostoii in lS4i^. He 
 reeeivi'il a tliorouu'li pre^iaratorv eilueatiuu at 
 ('liauiiev Hall Schddl ami under the plixate 
 tutelage of Pr(:ifessor( l(ifidwin, tliepresent (ireek 
 professor at Har\"ard. with wlioni lie studied 
 two years. He was graduated from Harvard 
 rniversity in 1X57. ha\'inL; as elassmates (\i.)\ . 
 -hihn 1). Lonn, SolmiiDn Lincoln, li((hert M. 
 INIorse, and Ifohert 1). Smith, all eiinnent niem- 
 hers of the Uoston liar, the i;e\-. .Joseph May. 
 (if Philadel]ihia, son nf the late Rew Samuel 
 .1. May. tln' noted Aliolitionist and Ihiitai-ian 
 minister and othei' widl known men. While in 
 college Mr. Ropes hrcamea memher of the I'hi 
 Beta Kajipa fraternity, and in 1S97 his alma 
 mater eonferred upon him the Immirary deuree of 
 LL.I). He \\'as graduated from the Harvanl 
 \a\\\ School with the degi'ee of LL.1>. in lS(il, 
 and continued his legal studit's in the office of 
 Chandler t\: Shattuck. in lioston, heing admit- 
 ted to the Suffolk bai- in Xo\"emher of the same 
 yeai'. He immt'diately hegan the activt' ]irac- 
 tice of his profe.ssion, and in ( )ctohei'. Isii-"). 
 formeil a copartnerslii]) with .John C. (day. jr.. 
 a grailuateof llarvai'd in IS-li-) and iio\\- (ls9S) 
 a profe.ssiir in the HaiA'ard Law Schoiil. The 
 firm of -John V. Rojics it .lohn ('. (dray, jr., con- 
 tinued until l>>7>i, when it was chanueil to 
 Ropes. (Iray eV: Loriuu hy the addition i")f Will- 
 iam Caleli Loring. llar\"ai'd. 1s7l'. The other 
 partners at the present time are Rohei't S. ( loi'- 
 hani. Hai\'ard, Iss.'): R(daud W. Hoyden, 
 Harvard, 1 S.s."! : and Thonias X(dsiin Perkins. 
 Harvard, ls91. 
 
 Ml'. Ropes's practice from the start has licen 
 of a general charaetei'. and lia~ h'ei|Uently 
 hrought him into i.-oui1. .Much nf hi- time of 
 late years has lieiai spent a- managim^ tinstee 
 for large propeity interests. Prom Lsi;;) to 
 1S71 he ser\-ed asa»istant I'niteil States attur- 
 ne\' for the l)i>ti'ict of Ma-~aehusctt-. lie i- 
 the author of '■ The Ariii\- undei' I'djie." in tlie 
 
 .Sci-ihiU'i- Series of ( 'anijiaigns of the Civil War, 
 and of the "Campaign of Waterloo." which 
 was puhlished with an atlas hy the Scrihners 
 in 1<S9.'). and is now at work ujmn the "Story 
 f)f the Ci\-il War," in four \-oluiiies, the first of 
 w hicli was hrought out liv the I'utnams in lS9"). 
 In llSlS.") he ga\-e a series of lectures on "The 
 I'drst Napoleon," hefore the Lowell Institute, 
 which were puhlished immediately afterward 
 hy Houghton, Mifflin * Co, In ls(),s he was 
 elected a memher of the third (ci\"ilianj class of 
 the Military Order cif the Loyal Legion of the 
 United States. Lie is also a member of the 
 Massachusetts Historical Society and of the Mil- 
 itai>- Historical Society of Massachusetts, a Fel- 
 low rif the American Academy of Arts and 
 Sciences, an honorary memher of the Royal Ar- 
 tilleiv Institntirm of Woolwich. lOnglanil. an 
 honorai'V nu'iiiher of the I'niteil States ( 'avalrv 
 Association and of the lOleventh Corps Associa- 
 tion. He has heen a memher of the ['nion 
 (.dull of lioston since lsii4, and is also a mem- 
 her of the Puritan and St. Botolph (duhsof the 
 same' city. In 187S he was appointed hy Pres- 
 ident Hayes a memher of the lioard of N'isifors 
 of the Military Academy at West Point. He 
 has heen a ^"estryman of ddinity church, Kos- 
 toii, since CS(i4, In politics he is an independ- 
 ent Rejiuhlican. He is unmarried. 
 
 H(d;A( L (;RAY. LL.D.. ISoston, associate 
 justice of the Supreme ( 'ourt of the 
 Liiited States, is the son of Horace and Harriet 
 (rpham) (ira)". and was horn in lioston. Mass.. 
 March L'4. ISL'S. [Ls grandfather, William 
 ( Irav. was horn in Lynn, Mass.. June 27, 
 17oli. and died in lioston on Novemher .'!, 
 ls2o, after amassing a large fortune as a 
 mcridiaiitmaii of theseas. At one time he had 
 sixty sipiare-rigged N'cssids in hi~ scr\dce. He 
 hecaim.' a [ironnnent citizen of lioston. was 
 electi.-d State senator, and in Isldhecame lieii- 
 tenant-L;ii\'ermir. Hi- wife, Elizaheth ('hipmaii, 
 wa~ speciallx' noted for liei' unselli>h and L;en- 
 erou> efiorts for the allexdation of the condition 
 
BIOGRA PI I ft,] /..—MASS A CIH 'SR TTS. 
 
 23 
 
 (if \\\v [)()(ir. Tlicy luid II sdii, Francis ('alley 
 (ivav, \\"liosr iiiciiKH'V is liclil in liin'li regard tor 
 liis l>e(jncsts to Ilai'N-ard ('olli'gc. Iliiracc 
 (iray, anothorson, was jj,ratluateil tVoni I Iai'\'ai-il 
 in ISU) and Ix-canic a |iri)niinent ciii/.iai nf 
 liuston, who was conspiiaions for liis adivily 
 in the [ir<"iniotii)n of |iidilic iniproN'riiu'ids. 
 In \X'1~ he married Ilarrii't, dauiilitt'r of 
 I'hineas l'|iliaui. of ISrooktiidd. Mass., and 
 tlie\' were tlu' [larents of the sulijeet of this 
 arti(de. 
 
 IIiiRAiJE GKAV. 
 
 •lustiee Iloi-ace (d'ay was ui'adiiated IVoii] 
 llar\'ard ('ojle^e in lS-|o, in the same class 
 with I'rof. (ieor^e 1'. liond, ('hai'les M. S. 
 (diurchill, Charles P. Ciu'tis, ddiomas A. Wat- 
 son, and others. After makinc; an e.xteiided 
 l'jnro[iean trip he entei'cd the Ifar\'ai'd Law 
 School. fl'C)ni w hich he reeeis'ed the dcL^rec ol 
 LL.I>. in ISdO.aml aftei'Ward he contimied his 
 leeal stndies in l!ost(.in in the office ot the lah- 
 JudLi'e Jolni Fjiwell. He was admitted totlii' 
 Sntfolk har I'eln'uary 14. ISol.and at once lie- 
 can acti\'e practice in ISoston, \\dier(.> he I'ose 
 rajiidiv in the pi'ofession. I'^rom IS.VI to ls(ll 
 lie was I'eporter of the decisioirs toi' the .Mass.a- 
 chns;-tts Siipivme Judicial ('ourt, and diii-iii^ 
 that pci'iod pilhlished sixte(ai N'olniiiesot Ijc- 
 
 poi'ts. Mi'anwlnle, in 1 So7. he formed a Jaw 
 I lai'tnei'ship with (he kne lion. 1^. Koekwood 
 lloar, and in thai coiiik'cI um lu'camea I'ecoe- 
 ni/.e(l leader. <)ii .\nciisl 'l-\, l.S(;4, he was 
 appoiiiieil li\' (io\'eriior Andrew an associate 
 jlisl ice of the Sll preiiie .1 iid ici.a I ( 'oni't of Massa- 
 (dinsetts, and on ScpliaiilKa' •">, isy.'S, he was 
 elcN'ated to the chief jilsl iceship to sncceed ( 'liief 
 • Insticc Kcailicn Atwater ( 'liapinan, ileeeaseil. 
 A III oiil; .lustiee ( Ira \'"s more important decisions 
 on that liiaich were (hose in I'clation to ancient 
 grants and honnda ries, ( he ellecl of wai'on pri- 
 \'a(e rights, the aniie.\a(ion of (owns, the law 
 of (diarities. and the liahildy of municipal cor- 
 porations to pri\ate act ion. 
 
 ( )n Decemher lid, Issl, .ludec (iray was 
 appointeil liy Presidiait Aiiliur to su(/cee(l Jus- 
 tice Nathan (dillord, ik'ccased, as associate 
 justice of the Supr(aiie ('ourt of the ['nited 
 States, wdiicli e.xaltcd position he still occn|iies. 
 liis scNiaiteeii \a'ars of expc'rience on the Su- 
 preine lieneh of Massachusetts lifted him in an 
 emiiHait degree tor (he duties of the highest 
 trihnnal in the land. In character, in learn- 
 ing, ill rohust iiaailal s'igor, and in imposing 
 presiaice. no one of (he grea( men wdio hax'esat 
 in that ciiurt exc(Jled J list ice ( Iray, and liisa[i- 
 poiiitiiien( ri'ceix'i.'d unusual coimnendation 
 throiiuliiiut the <-c)unt ry. It was known that 
 as far as lay in his power the gieat interests 
 wJiicli Clime lictore t he I 'lilted States court would 
 hej<'alously and ahly giiardeil. liis inlluence 
 has heeii lai'g(d\' cxialed in support of a high 
 exenase of Federal authority. 
 
 Ill his judiiaal iitiera iices and writtiai opin- 
 ions .Iusti(;e (Iray expresses himscdf with great 
 clearness and stnaigt h, and sii[iports liiscon- 
 idiisions with the hest an(horit\'. Ills most 
 l|o(alile d(di\-e|-aiices on t he Ina i(d i i if the 1 liiteil 
 S(a(es Siipnaiie ( 'oiii'( |-(da(e (o conlhct of laws, 
 (he constitiitioiia I it \' of mill acts, the niterpi'e- 
 tatioii of wills. exiaiip(ioii of I'nileil Stati's 
 propia'tv Iroin (axa(.iou h\- a S(ate, etc. lie 
 recei\'e(l the hoiiorarN' degree ol Flj.l). from 
 1 lai\ard in 1 ST 1 . 
 
24 
 
 THE fUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 JOHN (:'II[^^^A^ ckav. a. .m.. ij..I).. 
 
 <^ ISostdii, ^\■;|H IxiMi at Xdiiatuiii Ilill. 
 Brighton (nnw a part (if liriston), Mass., .Inly 
 14, 1S.'')9, and is a lii'dtlier of Ilm'ace (ii'ay, as- 
 sociate justice of the Cnited States Su|ir(/]iie 
 (_'ourt. His father, Hiii'aee ( Ii'ay, wdio was grad- 
 uated IVoiu Har\-aid in ISU), was eonspicunus 
 for iiis aeti\ity in the [)ioniotii>n nf puhlit- iin- 
 provenieuts, and \\'as the lirother of I'raneis ('. 
 <-<ray, and Jolni ( '. (ii-ay. \\liii made \'arious 
 generous hei|ut'sts to Har\"ard ('odege, in nieiii- 
 <"irv (if \\dii(di the eoUege nanie(l (ine of its 
 huildingsCrays' Had. His grandf ithci'. Will- 
 iam (Iraw wdid die(l m lS:^."i. amassed a lai-i;r 
 
 jun.N I . ia;AV- 
 
 fortune as a merehantman of the seas, hax'ing 
 at one tim(.' as niaii\' as sixty si|Uare-rigged \'es- 
 sels in his ser\dee: he heeaiue a pi'diiiineiit 
 citizen of JJoston, was id(:'Cte(| State senatoi', and 
 in 1 Si (I and 1 si 1 seized as lii'Utcnaiit-g(i\'ei'ii(ir : 
 his \\-ife, Elizaljcth ('hiimiaii. was s[)ceiall\- 
 niiteil for hei- genei'dus and unselfish elfnifs tui' 
 the alle\'iation of the e(inditi(in df the poor. 
 Sarah liussell (lai'dnei', wife (if Ihirace (;ra\', 
 ,sr., and motlier of the suhject of this ai'ticle, was 
 
 tlie daughtei' (if Samuel I'. ( iar(hier, a graduate 
 of Hai'\-ard in the idass rif ITSti. 
 
 •iohn ( '. (d-ay was graduate(l fVoin Hai'N'ard 
 (Aillege with l)oneiis in 1 s.");». He recei\'ed the 
 degree of LL.l). ticim the Harvard Law School 
 in ls(il and contiiuied his legal studies in the 
 ofhces of his Ill-other Horace and Mdlder J) wight, 
 and of ( 'handle)' A' Shattuck, and was adiintte(l 
 to the Suffdik har Septemlier Is, Isii:^. The 
 same year he jdined the I'nion army as second 
 lieutenant in the 41st Mass. WA. Inf, wliiidi 
 sulise(|uently hecamc' the -'id .Mass. \'ol. ('av., 
 and ser\'e(l as aide-de-camp dU t he staff df Majdr- 
 ( ien. ( ieorge H. (Jdrdon. In ls(i4 he was a[i- 
 pdinted major and ,iudg(.- ad\aicate, V . S. \'., 
 and ser\'ed on the staffs of Major-Oeii. John (J. 
 Foster and Afajdr-fien. <^uincy A. (iillmore. 
 At the (dose of the war he resigned his com- 
 iiiissidu and retiirnc(l td Ildstnii. wdiere he im- 
 mcdiat(.dy liei;an the active ]ira(.dice df his 
 prrifessidii as a |iartni'r of -Iohn ( '. Ropes, a 
 graduate ot Har\'ard in the famous (dass of 
 ls.')7, and line df tlu' hest kudwn militaiA' 
 wi'itei's in the cduntry. The firm of Hopes cV: 
 (irav afterward liecame Kdpe-^. (;ra\' iV: Loring 
 fi\' the additidii df William ('aleli Ldriiie, whd 
 was admitted td the I lar ( if Siifldlk cdiiiit\- in 
 ISTo, and tliis cdpartnership still cdiitinues. 
 lidhei't S. (iiirham. lidland \\'. IJiivden and 
 Thomas Xelsdii I'erkiii^ lieiiig also memhers 
 of the firm. 
 
 Mr. (ira\- is diie df the aldest and most em- 
 inent memlier--- df the I'ldstdii liar. '\t\ the 
 duties ot (.■oiinselnr and ad\"(ieate he hrnueht a 
 well-halaneed and W(d l-trai neil luind. an un- 
 erring pidgmeiit, a hniad and edmpridieiisix'e 
 kiidwleilue df the law, and nati\-e ahilitx' df a 
 high iirder : and tn these int(dlectual ipialiti- 
 catidiis shdiild he .added rare Jiidi(Mal attain- 
 ments, great literary talent, and inddiuitalile 
 industry. With Mi. Ijdpe,^ he edifeil the 
 Ameriaii Law" l;e\-iew diirinu the lir-t fiair 
 years df its existence. He 1-^ the aiithdrnf three 
 \'aliialile law- \\-(irk>. nain(-ly, ■- Restraints im 
 the -Mienatidii of I'l-dperty." puhlished in Iss.", 
 and re\-|sed and repulilished in Is!).'): ■■ Rule 
 Again.-t I'erpetuitio," puhlished in Issil; and 
 
BIOGRA PHICA L.—MA SSA CM USE TTS. 
 
 25 
 
 " ('olk'ftions of (_'as(_'s (111 l*i'i)|n'rt v," in six \'(il- ik'I A|ipl('triii, of Ipswicli, who scr\'(.'<l as an 
 
 uou's, issiK'<l l>et\\-t'(.'n 18S,S ami iSlfJ. ]lv ottirer in Kint^ riiili|i's war. 
 
 lectured in Harvard Law SelitHil from iSdT to Mi'. Storey was educated at the Newlturyport 
 
 ISTO, and in IST") was appointed Story pi'o- Academy and at Pldllips l''.\etci' Academy in 
 
 fessor of law, which ]iosition lie lu'ld until Xew I lamjishire, and was t^radiiatcd trom llar- 
 
 ISS;"), when he was transferred to the Koyall \'ai'd ('ojlenc in the class of IS,",,"). He was 
 
 profes.sorsliip, which he has since filled with ,i;radiiated fV the llar\-ard ha w School with 
 
 eminent ability. He is also at the present the derive of LL.I!. in l.s;!7and continued his 
 
 time (1 SitS) a ci>mmissiouer ajipointed hy the le^al studies in lioston with • '. !'. it l>. R. 
 
 ud\HM'nor of the (_'ommoin\-ealtli to secure uui- ('uitis, licini; admittc(l to the Sullolk har .lune 
 
 1,"). ISfd. Imme(liatcl\' afterwai'd he entered 
 
 forinity in State and National legislation. 
 
 Mr. ( tray i'(.'cei\'ed the de^ix'c of A. M. from u})oii the acti\'e pra(.'tice <if his prolessioii in 
 his alma mater in i-ourse and the h<inorary 
 de,<;ree of LL.D. from Yale ('ollc.uc in ISiM and 
 from Har\-ard in istl."). llv is a trustee^ of the 
 corporations of the l>ost(.in Atheneum and So- 
 cial Law" Lihrary. and a memher of the Massa- 
 chusetts Historical Society, of the Aiin'rican 
 At-adem\-. the Massachusetts Militai'y Ilistor- 
 ical Society of lioston, tln' Military ( )i-dcr of the 
 LoN'al Legion of the I'liited States, of the har 
 of the Uniteil States ('iriaiit and Supreme 
 (Aiurts, anil of the American liar Association. 
 He has also lieeu a memi ler of 1 1k' liar .\ssocia- 
 tion of the city of lioston since LSTT. 
 
 He was married .lune 4. lS7,'!. to Anna ."s. L. 
 Mason, daughter of the Hew ( 'harles Mason, 
 D.I)., of Boston, and uranddau^'hter of .leremiah 
 Mason, and has a son. IJolaiid (.Iray. and .-i 
 dauehti;']', I'vlcaiior L. ( iray. The i'ormer was 
 eraduated from Hai'\-ai-d College in l.'-iii,",. 
 
 CHARLES W. SIORKY, JK. 
 
 c 
 
 HAULKS WILLI.VM .^'roJtLY. ,Jr. 
 
 Boston, and hy the exercise of those lofty prin- 
 cijiles of justice and industry which char.-ieter- 
 
 [ioston. was the son of ('hai'h's William ized his entire cai\'er, JH'came.a foremosi law- 
 
 Stoi'cy, sr., a pi-omineiit mei'cliant of Newhiii'y- yer and ad\'ocate. He possesseil a thorouiih 
 
 port. Mass.. and of l'>lizalieth liurnham, his and exact knowledge of t he law, keiai disia'im- 
 
 wife, anil was horn in (laremont, N. II., -luh' iiialioii and threat le^al ahilitw and aehie\'ei| 
 
 1 S, 1 Si (i. II is lirst ,\mei-ican ancestor, William 
 Stoi'i'W came ti'om I-jn;laiid to Ipswich. .Mass.. 
 ali(ait l(),'i,'l. II is ui'andfather, William Storey. 
 w"as an ofticer in the Kex'olutioiiary war, ]i:\v- 
 
 a reco^iii/,ed eminence ;iliil success. 
 
 Lrom 1S44 to IS.IO he served as clei-k of the 
 .Mass.'iehusetts House of I-iepresenlati\'es. Ih.' 
 was .also reejster of insol N'laiev foi' Sullolk county 
 
 tiei|)atin,c- in the liattle of liiinker Hill and In.'- and clerk of the .Su|ieiioi' ('iMiiiinal ('ourt at 
 coming' an original memlierol the .'-^ociet\• of diliereiit t imes. I le resided in 1 irookl inc. Mass.. 
 the Ciueiiuiati. Om.' of his ancestors was Sam- where he died Hecemher "j!S Is!):;. 
 
2(j 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 Mr. Storey was iiiarricfl at N\'\\l)Ui'\'|)<iit ti> 
 Elizalirtli Ivitmi ^foorficlil. a (Icsi/eialaiit dl' licii- 
 jainiii ICatoii. wli" was an otIiciT in tlic U<.'\'<i- 
 lutidii and ail oriniiial iin'iiibfr of the Society of 
 the ( 'iiieiiiiiati. 
 
 M<)()I;FII-:L]) ST<)1;I-:V, Boston, is a lin- 
 (.■al (leseeialant of ^\'illianl St(ire\', who 
 settleil in ipswidi, .Mass., ahont 1 <i.'!.'!, ami tlie 
 second son of tlie hite ('liai'h's W'illiani Storey, 
 one of lioston's eminent lawyers, wliose memiiir 
 apjiears in tliis work. His mntlier. J']lizalieth 
 Eaton Monrfield, was desc(aide(| from lienjamin 
 Eaton, wdio sei'X'eil in tlie Kewjlutionary war 
 and hecame an oi'i^inal memhei' of tlie Society 
 of the ( 'incinnati. 
 
 .Mr. Storev was horn in Ko.xhiirvdiow ]>nston), 
 Mass., .Mandi 1!). Isdo. and was graduated 
 from the liosloii Latin School in lS()"i, liciiin' 
 a I'raiikliii meilal scholar ami winning sevei'al 
 [ii'iy.es foi- |iroKciency in his st iidies. Ih'then 
 entei'eil Jlarx'anl I 'ni\'ei'sity. fruni which he 
 was L!,raduated with Iiuikhs in 1 S(i(i. I)urin^- 
 his senior vcar hestnud :it the head nf his (dass. 
 lie was also (dass oi'atoi', ami a inemliia' of the 
 riii Beta l\a|)]ia. the Institute (if 17711. and the 
 Hasty I'llddiiiL; (dull. ( )n lea vin^ college he 
 entereil the HaiA'ard Law Sidindl. hut left in 
 Novemher. lS(i7, tn Lid ti i W'a-I) i U^ti ill as pri- 
 \'ate secretary tn Si-natni- ( diai'les Snninei'. wdth 
 whnm hccdiitinucd his li-Linl -tudies until ^fav 
 1. L^()!), wdiiai he rcturiieil tn lidsfon. He then 
 entered the law uliice nf ISrnnks iV; Hall and a 
 miiuth later assiKUateil him-elf with District 
 .\ftiii-|iev .1. \\ ilder Mav. siil i<ei|uent 1\' idiief 
 justici- of the Mmii(d]ial ('uui't uf the city of 
 I'xiston. .Mr. Stoi'cy wasadmitted to t he Siitlolk 
 har .Vn^ust "JS, lS(;i), mid was assistant district 
 attmncy h'om ( )ctolicr of that year to Maw 1 .s7 1 , 
 wdicn he o I II a led an office lor the acti\'e | ifaia ice 
 of hi< |irote->ion. .\fterward he jiracticcd with 
 hi- f itliiM' lint i I ( )ctoher. Ls7:;. when heformcil 
 a co]i;irtiier-^hi|i with JSiajjamiu J'". ISrook^and 
 •hisliua 1 '. Ha 1 1, whii'li continued under the -t\di' 
 of Brook-. BalUV St o ivy nntd -Iiilw IsM. Mr. 
 ISrook- then withdrew ami Biaijamin L. .^L 
 
 Tower was admitteil under the tirni luirne of 
 Ball. Storey iV: Tower. In April, ]S,S7, this 
 liiaii was disso|\-ed and Mr. Storey foi'ined a co- 
 ]iartnershi]i w itli .lohn L. 'Jdionidike and Sher- 
 man Hoar, which continued until Mr. Hoar's 
 (dection to ('oniiress, since wdiich time the firm 
 has heeii Storey i^' Thoi'lidike. 
 
 ]\[r, Storev is one of the eminent memhers of 
 
 MOORFIELD STOREY. 
 
 the Bo-ton liar, and during a loni; and success- 
 ful i.-ari'cr has maintained a hi^h standini;' for 
 ahility, industry and integrity. He is esjieciallv 
 strong hef( ire a court and in idiamhei- consul- 
 tation. ]Ii< ]iractii/e has heiai ol'a general char- 
 ac'tia', and inidud(-s an e.xten.-i\'e hiisim'ss in the 
 de|)artnients ndatim;' to cor|ioration- and trusts. 
 He was the Boston counsel for the rnioii I'a- 
 citic I {ail road ( 'oiiipany under I'l'csident .\dams 
 from Iss.l to 1 s'.l] , and has hnai connected 
 wdth many imjiortant railway and oilier cases. 
 
 He was admitted In practice hefoi'e the Supreme 
 ('olirt of the rnited States in ( )ctoher. Lxso 
 
 .\s ,a writer and piihlic speaker .Mr. Storev 
 has aciiie\-e(| a re|iu1ation w liich is not confinc-d 
 to hi- city and ( ommon wea Itli. He was as- 
 -o(aatei| wdth Samuel ] I oar in the eilitor-hip of 
 till' .American Law I\e\dew" fi-nm \^~:\ to the 
 
BIOGK. I /'///{" ] L.~M. ISS. 1 CHllSIi TTS. 
 
 27 
 
 (.■ml i)f \'<)luiii(' I liirti'cii. AiiKHii^ liis iiiiiiicniiis 
 piililic aililiTsscs limy hr inciil ioiicd llii.' lullnw- 
 inu' : ■■'I'lir < ;(i\-('l'lllilrllt i)f ('ilics," ;it llutlalo, 
 N. Y., Sc|iiciiilicr ;')(), lS!ll: "Tlic Auicricaii 
 IjCH'islaturc," tlic animal aililrcss lidnrc llic 
 Aiucrirau ISar Assdciatimi (IcliNcrcil al Sara- 
 t(>,ua Springs, X. V., Au.mist I'-J. IMI-I: ■■llar- 
 vanl ill the Sixties." an inliavsl inu scries (if 
 reiiiinise(.ai(.'es liet'ore tlie Harxanl Meiiidrial 
 Soeiety at ( 'aniliriil^e, Mass., April .'l, 1S!-)(1: 
 and '■ A Cix'ilian's \'ie\\' dl'tlie Xa\'y,'" a lecture 
 (leli\'ereil Itet'dre the Xa\'al W'a r ( 'dl Ic^c Sep- 
 teniluT (i, 1 s;i7. Til esc and se\"eral ol laa's lia\'e 
 lieen pulilislie(| in paiiipldct liinii and licai- 
 ex'idences df i;reat lit(a-arv aliilityand learnini;. 
 In IStM) lie was prcsid(ait (if the AiiKaacan liar 
 Associatifin, and dii August 1!l, at Saratnua 
 Springs, made unc df the must (ddi|n(ait and 
 stirring annual addresses e\(a- deli\'ci-cd hefore 
 that hddy, hissuliicet heiiiL; "A ^'car's Leuisla- 
 tidii." As reprinted troui the 'rrausactidiis of 
 the Assdeiatidii it lills nearly sc\aaity-t'dur 
 eldsely printed ]ia^es. lie was clecteil ehair- 
 iiiaii df the Xaf ional I )ern(i(a'atic ( 'dinaaition dii 
 Septeiiihi.'r -Sn. 1 S!)7. and made a speech wdiicli 
 hrcil the entlmsiasiii of all pi'esenl. Mr. St(:)re\' 
 lias l.ieen one df the d\ei'sc(a's dt ]lar\"ard ( 'dl- 
 li.\L;e since 1^77. e.xceptin^ three years, and is 
 jirdiriinenth' cdnnccted with \'ari(ais social, civil 
 and prdfessional hdilies. lie was diie of the 
 orii;'inal memhcrs of the liar Assdciatiou of the 
 eitv of Boston in lS7(i. and has l)C(ai (nie of its 
 ex(.'cuti\'e cdiiimittee since 1 ss."). df its c(")uneil 
 since I'SSi;, and (if its judicial cdiiiniitte(' frdiii 
 1 .S,S2 to 1.SS4. Mr. Store\' is not only an ahlc 
 and talente(l iaw\'ci-, Imt a hi'illiant and eliMjuent 
 orator, a ^dod pai'liamentarian, a thorduuli 
 scholar, and a puhlic spirited. prdLii'essi\'e and 
 patriotic citiz(ai. His hroad and cdiujirehen- 
 sive kiiowdeilee of liotli law and literature, his 
 (piick p(.'rce}itive powers, his wondiaful ahility, 
 and Ins nta^ncfic ]iei'sdnality make him one of 
 the most jiopulai' of iiaai. He is an excellent 
 jiid^c of human nature, and hy the exercise of nat- 
 ural iittainments of a hi^h ordci' has won (aiii- 
 nence anil honor in his jirofession.oii the plat form, 
 
 in t he cdiinci Is of Ins parly, and in I he drdiiia ry 
 discharii-e (if h is dul ics df cit izei ishi p. 
 
 Ml-. Storey was marrieil .laiiuary li, IS7tl, to 
 Anna ( icrt rude ( 'lit Is, daii^htci- of ( aai. K iciiard 
 I ). ( 'lilts, of \\'asliiiiL;ton, I >. (' . 'riieir eh ildren 
 are t:ii/,alietli Mdorlield, wife (if Dr. K. \V. 
 LdN'cti .( cat rude \... Kichard ('nils, Kathiaane, 
 am I ( 'harles Modrlield Storcv. 
 
 TOIIX LATIIUol', A. M., Hdstdn. a,s,sd,i- 
 r^ ale pistiee df the Siipr(aiie -liidiiaal t'diirt 
 (if Massachusel Is. is the siai df Re\'. -Idlin I'. 
 and ,M;iria M. I Liinu ! Lalhrdp. and was hdrn jn 
 I'ldsldU (111 the Slh dl l''el)ruar\\ IS;!."). Key. 
 • Idlni Ldthr(i]i. his lirsl American anccstdr, was 
 a min-cdiif(iriiiisl miinsha', and was imprisoned 
 in |-aii;laiid hy .\ rchhish(i]i Laud for keepiiiL; a 
 cdiisaait iele. In \\>'\\ he left I'ain'laiid and 
 came to this cdiinl r\' and was the (irst niiiiist(a- 
 in Scitiiate and later the tirsi in Harnstahle, 
 
 I \ I A I iiRcr. 
 
 Mass.. wIkM'c he hiiill I wd houses, (incdf wdilcli 
 is now a part (if the lown lihrarx' liiiildine,'. 
 Ke\'. .lohn Lalhrop, |).|).. one of his dcsciaid- 
 aiits and the L;rc;it-or;in(|tat her of .lud^c La- 
 lhrd[i, was pastor df t he secdiid chiirch in lios- 
 
■28 
 
 THE /UDICIARY AND THE BAR OF NEW ENGLAND. 
 
 ton from l\[ay Is, 17<)S, until his death inlSlO. 
 His son,.Jolin Latliro]), l)Oi-n in Boston in 177"2, 
 was gra(hiate(l from llar\-ai'(l in 17^9, read law 
 witli ('liristo])liei- (lore, and heeame a hiwver, 
 poet and teacdier. lie was also elerk of the 
 eourts of Norfolk eoinity foi' a time. John 1'. 
 Lathrop, son of the last naiinMl John, was horn 
 in Boston in 17!t(), and heeame an i^^piseopal 
 cleruyman. lie was a ehaplain in the U. S. 
 Nax'v, attaiJied to (he Pi-ineetoii, and died in 
 184.-!. 
 
 Judn'e Latlu'Op spent a part of his hovhodd 
 in ISordentown, X. .1., \\here his father held a 
 i'eetorshi[i, ami after the latter's death the fam- 
 ily returnt'd to lioshin, \\diere he attended tin' 
 ])uhlie sehools. In 1 84(1 he entered Burlington 
 (N. -I.) ('ollege, from wiiieli he reeei\'e<l the de- 
 ,i;ree of A. B. in 1S5;] and that of A. M. in lsr)(;. 
 On leavini;- eoIle.LCO he entereil Ilarvai'd Law 
 School, and \\-as graduated thereh'om with the 
 degree of LL.!!. in I So,"). Wv i-eail law in the 
 otfice of ( Jiai'les ( 1.. I'^raneis ( '. and ( 'aleh Will- 
 iam Boring, of Boston, and was admitted to 
 the Suffolk har in March, BS-IO, and to the har 
 of the Bnited States Supreme Court in 1S7^. 
 
 In iSod ^\y. Bathroii hegan at'ti\'i' jiractiee 
 in ISoston in the odiee of his preee[)tors, and 
 rapidly gained a standing at the har. The 
 outhreak of the Behellion, howe\'er, ga\-e him 
 an O[)]iortunity for the exei'cisc of that pati'iot- 
 isni and lo\-e offreedom \\dM(Ji lias distinguished 
 his family foi- many gen<'rations, and which 
 has made it pi'onnneul in the annals of New 
 England. In August, lS(i-J, he enlisted as lirst 
 lieutenaid of ( '<>. I, ooth Mass. \'ol. Ink, and 
 \-ery soon aftei'ward was commissioned captain. 
 JJe participiate(l in the hattles of South Moun- 
 tain, Antietam and Fi'e(lericksl)ui-g, and in the 
 s})i'ingof BS(;;! \\-as taken ill, wJnch caused liini 
 to ri'sign in the following Xovendjcr. Beturn- 
 ing to Boston he resumed his law practice in 
 the olKcc of the Borings, wJhu'c he i-cuiaiiieil 
 until BS7<), enj(.)ying a large and successful legal 
 husincss. Since entering upon his jii'ofcssional 
 careei' Judge Lathi'op has gained a considci'alile 
 re])Utation as a law writei'. lieloi-e his admis- 
 sion to the liar he henan his editoi'ial lahors 
 
 under that distinguished jurist and author, 
 Theophihrs Barsons, wIki gracefully acknowd- 
 edged in his pi'efaces the valuahle assistance 
 rendered hy Mr. Lathrop in preparing two 
 noted works for the })ress, namely "A Treatise 
 on .Maritime Baw," 2 vols., puhlished in l.So9^ 
 and "A Treatise on the Baw of Shipping and 
 the Baw and Bractice of .Adnnralty," 2 vols., 
 in 1S()!). Mr. Bathro]) also rendered valuahle 
 aid to Ml'. Baisons on his " Bills an<l Notes," 
 ISO."), and "Marine Insurance," 1 8(JS. These 
 (■(litorial lahors, togetln'r with a large special- 
 ized ])ractice, made him a I'cco.gni/.ed authority 
 on shipping and admiralty law, upon wdiicli 
 he has contrihuted numerous articles to law 
 luaga/.ines. k'or several years he was also a 
 lecturer on toiJs and later on admiralty \i\\\ at 
 the Blarvard Baw School and on the law of 
 cor])orations at the Boston Bniversity Baw 
 School. 
 
 In lS70Mr. Bathi'op forme(l a copartnershi[) 
 with Bconard A. .tones and Jvlwin IB Ahhot, 
 which continueil foi' thi'ce years, the firm name 
 heing Bathrop, Al.)bot ct Jones. Ble then prac- 
 ticed alone until March, 1S8S, serving also as 
 i'ep(}rter of decisions of the Su[)reme Judicial 
 Court from March, 1S74. In this capacity he 
 edited thii'ty-one voluiin's of the ^lassachusetts 
 Beports, more than any other repoiJt'r. In 
 March, ISSS, (!o\'ej'nor Ames appointed liirji an 
 associate .justice of the Su})ei'ior ('oui't, and on 
 .lamiary 2S, BSDl , he was appoined k.y Go\-crnor 
 Bussed as one of the associatt' .justices of the 
 Su})reme -ludicial ( 'ourt of Massachusetts, wdiich 
 ]>osition he still holds. 
 
 .luilgc Bathrop is one of the ahlest admiralty 
 lawyers in New England. He is a man of 
 deep learning, a student of nature as well as of 
 hooks, and a. jurist who is wididy esteemed for 
 his ahility, dignity, good judgment an<l integ- 
 rity. He is an ardent admirer of rare ami \-aB 
 uahle hooks, of wdiich he has a choice collection 
 in Boston, wdierc he resides. He is a niemher 
 of the Military ( )rderof the Boyal Begion of the 
 Bnited States, and as a citizen is puhlic s[)irited 
 and highly respected. He is a member of the 
 Bnion (.'luh, the St. liotolph Club, the Thurs- 
 
BIOGRA PHICA L.~iMASSA C II USE TTS. 
 
 day Evening- ('lub, tlu" [.aw Clul., tlir Mili- 
 tary Historical Scicirty. and the A ppa lachian 
 Mountain ( 'lull. 
 
 Judge Latliroji was married in ISoston on the 
 '-!4th of Juno, IST'i, to Fdiza 1),, daughter of 
 Kieliard G. Parker. 
 
 OLI\'Ei; WKXDKJd. HOLMES, .Jr., 
 LL.])., associate justice of the Sn[ireme 
 Judicial ('our( of Mas.-:achusetts, was horn in 
 I'xiston on the Sth of March, lS41. He is the 
 t'ldest son of Oliver Wendell Ilohnes, the poet 
 and essayist, whose name is so dear to the heart 
 ot Aniei'ieans and whose literary productions 
 have long hecn ivx-i'i-cil hy the people of two 
 continents. 1 lis mother was Amelia Lee Jack- 
 son, daughtei- of lion. ( Jiarles .la(J<son, of ISos- 
 
 OI.IVKI; UKNDKLI, HHI.MES, JK, 
 
 ton. i;e\'. AhicI Ilohnes, I ). I )., the gi'andl'athei' 
 of the .judge, was liorii in ^\'oods1ock, ('omi., 
 was graduateil from Yale ('ollege in 1 7>!-!, and 
 was pastor of the I'drst ( 'ongi'cgati<inal (Jmrch 
 in ( ambridge from 1792 to Ls.'i:^. He ma)'i'ie(l 
 Sarah, daughf(a- of Hon. Oli\'ci' Wendell of 
 IJoston, a graduate of IIarvai-d and a son of 
 Hon. Jacoh ^\'(■ndell. an eminent lloston mei'- 
 ehant. 
 
 Judge HiJrnes iecei\'ed his prepai'atory ed- 
 ucatiiMi in his uati\-e city at Iv S. Di.xwell's 
 
 pri\'ate Latin sd I, and was gra,duate<l 
 
 from IIar\aid ('ollege in IsiH. in A[)ril, 
 istil, he enlisted in the I'^iurth IJattalion of 
 lid'aiitry, Majoi' Thomas ( i. Ste\'eiison, then 
 stationeil at I'\)rt Independence, Hostini Ilar- 
 ho]-. where he wrote the poem \\Jd(Ji he ile- 
 lix'ered on Class Day. On July 10 ot the 
 same year he was comiinssioiied first liinitenant 
 of ( 'o. A, l^Oth Mass. Inf., and was later trans- 
 ferred to Co. I), and at the l.attle of Hall's IJlulf, 
 Octolici' '1\ . he was wounded in the hreast and 
 also struck in the alxloiiK.Mi hy a spent hall. 
 He was commissioiieil ca[(tain of ( 'o. (1, .March 
 '!'■). \X^)'l, recei\ed a wound in the ne<'k at An- 
 tietam on Se[)temhei' 17, and hecame prox'ost 
 mai'shal at Falmouth, \'a., in Eehruary, 1 Sli.'!. 
 At Marye's Hill, near Li'cderickshui'g, he was 
 W(Huided in the heel. May .'!, lS(i:!, and on -luly 
 o lie \\'as commissioned I iiaiteuant-coloiuJ of 
 the '.^nth Mass. Ink, hut was not iiiustereil in, 
 the i-egimeiit hciiig too much reduceil. ( )n the 
 2!)tli of -lanuary, lS(i4, he was ajipointeil aide- 
 de-camp oil the stall' ot l'>rig.-( !eii. II, ( J. Wright, 
 commaiidinu- the First Hivision, Sixth ( 'orjis, 
 siihse(|uentl\' ma jor-general connnaiidiiig the 
 Sixth ( 'orps. and sei-\'eil with (ieneral Wright 
 dui'iiig ( iraiil 's campaign down to I'etershurg. 
 He returned to Washington with lln' Sixth 
 ('orps when the capital was threatened in Jidy, 
 1S(;4, and on the 17tli of that mouth he was 
 miistca'cd out ol'ser\'ice, his term of enlistnuait 
 lia\iug ex[(ired. 
 
 .\tter ail hoiiorahle and la'cditalJe sei'\uce of 
 o\'er t hrci' years in t he I'liioii Army Mr. Holmes 
 i-etiiriied to Lostoii. and in Septemher, 1 iS(i4, 
 (aitercil the J lar\'ai'd Law School, hxim wddiJi 
 he was graduated with llie degree of LL.U. in 
 Isiili. In Decemher, isi;."), he had hecome a 
 stiideul ill the oflict' of that emintail lawyer, 
 Hon. \{. ,M. Morse, of Larristers' Hall, lioston, 
 where he laid that roinidati<in upon wJiich he 
 has hiiilt a successltil pi'ofessional careca-. He 
 spent the summer of isdii in I'airope, wdiere he 
 hecame a memkerof the Faiglish Alpine ('Ink. 
 and oil returniiiL;' to IJostrai he iaite|-ed the law 
 
30 
 
 THli JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 (ittict'of ('liaiuUer, Sliattin-k * Tliayei'. He was 
 adiiiittiMl to till' Sutlnlk l.ai' Mavcli 4. lS(i7, and 
 afterward to tlic l>ar<if the Tinted States Su- 
 preme ('oui1, and Ijeuan the a<'ti\'e pi'aetice of 
 Ins professinu in Bostuii in eopartnei'sliip w itli 
 his only Ijrother. Ivlwaid Jaekson Holmes. In 
 1.S7.") he l)e(.-ame a memher of the \\elld<n(iwn 
 hiw fii-m (if Shattiiek, Hohiu's t\: ^ronreu'. ( )n 
 l)eeenil)er S, iSSi!, ( JoN'ernor Lon^ appdinted 
 liim an associatejustiee of theSupremi' Judieial 
 Court of ^rassatduisctts, in plaee of .Indue (Jtis 
 r. Lord, resigned. 
 
 Judge 1 1 ohnes possesses unusual (pialifieations 
 for the law. lie inherits the st'holarly as well 
 as the literai'V eh a raet eristics of his distinguished 
 father, and has graced the profession in \\ln(di 
 he has achieved eminence and success. Asa 
 lawyer he won high rank at the har. while as 
 a jurist he has disjilayed gi'eat ahility, rai'c (lig- 
 inty, and sound judgment. lie is a man of 
 l.iroad learning, cultured, genial and compan- 
 ionahU'. While his energies ha\e heen chiefly 
 de\-oted to the jiractice and the intei']iretatifin 
 of the law, he has, nevertludess, acipiired proni- 
 inenci' as a writer and lecturer on legal suh- 
 jects, U})on many of which he is a recognized 
 authority. At Harvard ('ollcge he taught 
 constitutional law in isydand Isyi ;iud was 
 uni\-ersity lecturer on jurispi-udencc in 1S71 
 and l.ST'J. ]n 1 ST;! he puhlished foui' volumes 
 oftln' twelfth eilition ofKiait's ( 'ouinuaitarics. 
 adding elahorate notes. He had I'ditorial 
 ehargeof the American Law Review from LSTO 
 to .hS?.'), volumes \', \'I, and A'll, and wrote 
 for that periodical the following papers: 1. 
 " C'o(les, and the Arrangement of tln' Law:" 
 2, " Idtra ^"ires : " •'!, ".Misunderstandings of 
 the ('i\dl Law:" 4, "(irain Ldevators : " o. 
 " Ai'rangements of the Law: II l'ri\-ity:" (i. 
 " The 4dieory of Torts : " 7, " l'riiniti\e Notions 
 in Modern Law " (two aiti(di's) : s. ■■ I'osscssion:" 
 
 9, "Common ( 'ai'ricrs and tlie('omuion Law:" 
 
 10, "Trespass and Xegligenc-e : " and many 
 shorter articles. He also wi-ote ini essay on 
 " Ivirly I'aiglish Ivpiity" for the faiglish \a\\\ 
 (Quarterly Re\'iew ot Api'il. Lss."i : two articles 
 on " AirencN' " for the HaiA'ai'd Law KcNiew of 
 
 March and April, 1S91 : an article on " Pii\i- 
 lege. Malice, and Intent " for the siime puh- 
 lication for May, lS!»4: and a paper on " J']x- 
 eiaitors " tor that Review for May. l<S9o. An 
 address deli\'eivd liy him hefore the Boston Law 
 S(diool was puhlished in the lioston Law School 
 ?ilagazine foi' fVhruary, 1.S97, and in the Hai'- 
 \'ard Law Revii'W and the .luridical Rexdew 
 (Scotch) foi' April, 1.S97. Another address, 
 " Law in Science and Science in Law." deliv- 
 ered hefore the New York State l>ai' As.socia- 
 tion in .lannai'y, IS^H, was puhlished hy the 
 Association, and also in a receid lunnhei' of 
 the Llarvard Law Re\iew. A \-oluuie of his 
 speeches was |)ulilislied hy Little, Hrown ct ( 'o. 
 in Isllj. He deli\-ered. as one of the Lo\\-ell 
 Institute courses in I>oston, a series of lectui-es 
 on the < 'omnion Law during the winter of 1 SSd, 
 and in Is.s] puhlished a volume U|)on the same 
 suhject, wdiich was (diaiacterizeil in the Lomlon 
 Spectator as "the most original work of legal 
 speiailation which has ap[)eared in Laiglish 
 siiu-e the publication of Sir Henry Maine's 
 'Ancient Law,' " and wdiicli has hetai trans- 
 lated into Italian hy Sig. L^rancesco Lamhert- 
 enghi, the present Italian consul general at 
 Zurich. In lSS2 he was appointed to a new 
 ]>rofessorship in the Ilar\'ard Law School, hut 
 had harely entereil upon his duties in that 
 capacity wdien he receive(l the appointnaait to 
 the hencli of the Supreme Judicial ('ourt. He 
 is a memlier of the Massai-husetts Histori<"d 
 Socicdy. and lor a time was a Leilow of the 
 American Acadtany. 1 le rt'C(d\aMl tlu' degree 
 of LL.I>. froiii ^'ale ( 'ollege in lS(i() and from 
 Ilar\-ard m ISJ)."). 
 
 On the nth of June. 1 .s7l', .ludge Holmes 
 uiarrie(l Miss Lanny l)i.\well. daughterof E[)e,s 
 Sargent Hi.xwcll, of ('amhriilge, Mass. They 
 it'side in ISoston. 
 
 GK()R(;L Rl'TXAM, lioston. is descended 
 h'oin .lolin Rutnam, who came tVom 
 I'aiulaud to Salem. .Mass.. ahout lli-'io. and who 
 was the ancestor of nearl\' all of the name in 
 .Vmerica. He is also ,a dcsciaidant of ]>a\'id 
 
BJOGKA F/fICA L —J/J 55.J CHI 'SETTS. 
 
 Ill 
 
 I'ntuain, an cldrr lirollici' of (\v\\. Isincl I'lit- 
 iiain, OIK' of tilt' most coiisiiicuous iiaiiics in 
 Xt'W iMit^laiid liistovy. 1 1 is fallii'i', licN'. ( icoi'm' 
 I'utiiaiu, was foriK'arly lifly years pasloi- of (lie 
 First fnitariaii cluireh of Itoxluiry ; lie iiini'- 
 rii'd l-]lizalietli Ware, ami dicil in isys. 
 
 Mr. Putnam was liorn in lloxlmi'y (now a 
 part of l)Oston), ;\rass., Octolici' "JS, 1 S;14, and 
 
 la-.riKGK PUr.N'AM. 
 
 was i^i'adnatcd fi'oin tlir IJoxImry l.atni Sdiool 
 in is.")!). He then I'liti-ivd Ilarxai'd I'niN-ri'- 
 sitw fi'oni wljicli lie wa- ui'aduati'd in 1 S.'')4. 
 and sliortU' aftn-ward lie 1 ii';^an Ins icLia I si iidics 
 at the Hai'\'ard Law Scliool. wlrav lie took his 
 decree of U^d!. ill 1 S'lS. I 1 1 ■ col il i li lied the 
 stild\-oflaw in the oftji-e of ( 'haiidha' iV Shat- 
 tiiek. of lioston. and upon In- adiiiissi(]|i to the 
 SuttVilk har in Sepfeinhi'r. 1 SoS, (■(Jlinneneed 
 aeti\'e ]iraetiee, forniin^ in Jainiarw |.'^74. a 
 (•opartnership with W'i II iani ' lood win Kussell, 
 which existed until the la 1 1 1 a''s i lea t II in V^'\\- 
 I'liarw l.SlXi. Mr. I'lilnaiii is an ahle la\\\'er 
 and ad\'Oeate, foi'eehil and eoii\iii(a iil: in arnii- 
 iiient, and an excellent counselor. Ih' is 
 espeiaalK" stron.n^ in leual ar^iniienls ln'fore a 
 court. In the trial of can-^i's as well as in 
 (dianihei' [iraetice he has acllle\'ed :i liiuli 
 icpntation. and lor many \"ears lie has occupied 
 
 a proiiiiiK'iit place at the Uoslon har. lie has 
 heen a Kepuhlican since the orn'aid/.at ion of 
 the party in iSoi;, hut has ne\'ei- taken an 
 acli\'e part in political <ii' piihlie alliiirs, pi'c- 
 ferrinn' instead to ,L;i\'e his wdiide time to tiio 
 ,i;X'neral jiractiee of his profession. yViidin this 
 he has heen eminently successful. 
 
 I le was married .lunc !l, 1 SdO, to Afiss Ilarricf 
 Lowell, daughter of ( 'hai'les iliisselj ljOW<'ll, of 
 ( 'amhrid^e, .Mass., ami they ha \'e li\'e children : 
 \\ illiaiii Lowell J'utnam and -lames fjowell 
 i'utnam, tiotli law^X't'sand associated with their 
 father in practice: I )i'. ( 'harles IL L. I'utiiam, 
 a physician of New York city; and J'^li/.aheth 
 and .foseiihine. 
 
 ALULKT MASOX, LL.D., Loston, chief 
 justice of the Superior ( 'ourt of Ma.ssa- 
 chusetts, is a lineal descendant of Sampson (oi' 
 Samson) Mason, who served in the Parliament- 
 ary army under l'"airfax, came fi'om i'jiinland 
 to I )orcliester, ^lass., alxait ItioO, and remo\'ed 
 to Pehohoth in IdoT. His L;reaf-L;;randfafher, 
 Stephen PuUoek, of Pehohoth, was a soldier in 
 the PcN'olutionary war, a memher of congress, 
 and a prominent factor in |>uhlic affairs. Mary 
 liulloc'k. his daughter, married Aaron ddmrher 
 Mason, als<i of Pehohoth, and theii- son, Alhert 
 Thiaiqison -Mason, iiiarri<'d Arlina ( )rcutt, 
 daiinhter of -\l[iheus ( )r<;utt, of iSi'id^ewatei', 
 ami settled in Middlehoro. ^Llss., wdiere he en- 
 cac'ed in tin.' manufacture of tacks. -Mhert T. 
 and -\rlina (()rcutt) .Mason had se\-en children, 
 .\lhert heinu the third child and the eldest of 
 three sons. 
 
 -Mhci't Mason was horn in M iddli'hoi'o, I'Kiii- 
 oiith coiint\-, APiss., Xo\'i'mhei- 7, I S.",(;, and as 
 a liov attended the local piihlic schools. lie 
 also attended Pierce -Vcadciiiyat Middhdxiro, 
 where he took a classical I'oiii'se, also L;i\'iiin" 
 spi.'cial attention to niathema.fics. Afterward 
 he took u|> the stml\' of law in the ollice of 
 Ivlward L. Sheriiian, of PI\iiionth, and was 
 admitted to the Plyiiioiith har in Pehi'uary, 
 I SCid, and -uhse(|iienl I \" to the har of the P nited 
 
33 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 States (.'iivuit Court. In 1S(J0 he Ijenaii the 
 iieti\'e [)raetice of his profession in i'lyniouth, 
 liut tlie patriotism whieh inspireil iiis aneestors 
 soon ini]>elie(l him to enlist in the I'nion ser- 
 viec, and in August, l.Sll'i, he heeame second 
 lieutenant in the ;!Sth ivegt. ^Fass. A'ols. Ivirly 
 in liis military career he was detailed for staff 
 
 AI.EKl; r MASd.X 
 
 duty, ser\'ing as rt'gimental and hrigade <|uai'- 
 tei'uiaster and afterward hcing eiouniissioned 
 captain and assistant (|uai'tei'masler hv Pres- 
 ident Lincoln. At tl)e close of tlie wai' he 
 received an honoralile discjiai-ge, and in Xo- 
 vemher, ISd.'i, resumed Ids law pra<-ticc in 
 Plymouth, wlierc lie also ser\'cd as chairman 
 of the P)Oard of Scleclmen from l.S(;() to 1<S74. 
 In llST.'iand 1874 he re[)resented his district in 
 the lower house of the Legislature. In -laii- 
 uary, 1.S74, he took an otticc in Uoston with 
 Charles 11. Li'cw, hut still retained hisoffice in 
 Plymouth, wdiere, in May of that year, he 
 formed a copartnership) with Arthur Loi'd, to 
 which lienjamin li. ('urtis was suhsequently 
 adnntted, the firm name being Mason, Loid A 
 Curtis. This firm <-ontiinic(l in acti\'e and 
 successful ])ractice foi' se\ei'al years. In .luly, 
 LS74, Judge Mason remo\cd to Ih-ookline, 
 Mass., wliei'c he has since resided. In 1.^7.1 he 
 
 formei] a law partnershi[i with (.'harles H. 
 Drew, which continued ahout four years. 
 
 Judge Mason I'apidly achieved distinction at 
 the l)ar, both in Plymouth and in Boston, and 
 was recognized as an able an<l reliable eoun.selor 
 and advocate. His })ractice did not lead him 
 into any special branch, but was of such a gen- 
 eral nature as to de\'elop those intellectual 
 (|ualifications that now make him conspicuous 
 as a jui'ist. PL-' successfully built up a large 
 [)rofessional business. Li Plymouth he was 
 acti\'e in educational and town affairs, ser\'ing 
 for se\'eral years as a member of the School 
 (Jommittee and also as selectman, as previously 
 mentioned. In tlie fjegislature he was prom- 
 inent and influential and st'rved as chaii-man 
 (jf the committee on probate and chancery in 
 lS7.') and as a rneml)er of the committee on 
 judiciary in lS74. Lr December, LS74, lie was 
 ajipointed a mendiei' of the ]]oard of LLirh<ir 
 ( 'ounnissioners of lioston, and he continued on 
 the boards succeeding this with various changes 
 of title until he was ap})ointed, February 15, 
 1S82, by (!o\-ernor Long, an associate justice of 
 the Superior ( 'ourt of Alassachusetts. Li Sep- 
 tember, LS90, (JoN'ernor lirackett appointed him 
 chief justice of this court to succeed -ludge 
 Bj-igham, resigneil. As chief justice he has 
 pi'esided at many important trials, the most 
 notabk' of \\Jncli wei'c the Borden, O'Xeil, and 
 the Trefethen, all capital cases. In 1S9;') Dart- 
 mouth (_'ollege conferred upon him the hon- 
 orary degree of LL.l ). 
 
 He was marrit'd \ovemf)er 25, LS57, to Miss 
 Lydia F., daughter of Nathan and Experience 
 (Finney) Whiting of Plymouth; they have 
 five children : .lohn W., Mary A., Charles X., 
 Martha and ( irace W. 
 
 CHARLES THEODOKE Ul'SSELL, Sr., 
 A.M., Boston, son (if ('harles and Persis 
 (Hastings) Russell, \\-as born in Princeton, 
 Mass., No\-end>er 2(1, 1S15, and died in ( 'ani- 
 l)i'idge on the Kith of .lanuarw Ls;)(). Ht' \\'as 
 descended from William Russell, wdio settled 
 
BIOGR. I PHICA L.^J\r. I SS.-l CHI SHTrS. 
 
 33 
 
 in WatiTtdwil, ^Tass., as caily as 1(1 1."). His State soiiator from Middlesex (•oinily. lie was 
 lather, Cliai'les, was a lU'DiniiKad iiieivliaut and verv active duiiiii;' flie ('i\'i] \\ai-, and spent 
 
 a leailino- tdti/.en of I'lineeton, sorvinij,' as jidst- 
 mastei', town elerk, representative to the (uai- 
 eral Conrt oi,i;ht sneeessi\-e yeai's, State siaiatoi' 
 four terms, and niemher of the ( io\-ernoi''s 
 
 nin(di time in I'eei'uitinn' llie Slate's (jiiofas and 
 ill lool<inn- after tlie comfort of 1 lie t roo[)s in tlie 
 field. 
 
 Ml'. Uiissell was an emiiieni la\\'\'ei', a man 
 
 Council three years, and dyiuL^' at tlie a,<^-e of of tlie loftiest inte^i'it \\ and a citizen whose 
 nearly ninety. His mother, I'ersis (llastincs) every act expn'ssed those stui'dy |ii-inci]iles of 
 
 patriotism and lien<'\'olence tliat iiiai'k<'d hi 
 
 Ru.ssell, was the daughter of Samuel Hasting 
 and a descemlunt through hotli jiaivnts of some 
 of the earliest settlers of Princeton. Her lirst 
 American ancestor, ddnjmas Hastings, was 
 descended from a youngei- hrotlier of the K:\v\ 
 of Huntington. 
 
 yiv. Russell prepared foi' college at I'rinceton 
 Academy ami undei' Hcv. \\'arren (loddaid and 
 Kev. ]Mr. ( ow les, giaduates of IIar\ard and 
 Yale respecti\'ely. At coiisiderahle personal 
 .sacrifice on the part of his parents he and his 
 hrother were enahled to complete a collegiate 
 course at Har\-ard rni\-ei'sity, h-oni wdiicli he 
 was graduated with honors in 1S."<7. He stood 
 among the tV)remost in his tdass and hail llie 
 I^atin salutatory at graduation and the \-aledic- 
 tory oration wdn.ai he recei\'ed the degi'ce of 
 A. M. in ls4(), I'pon lea\'ing college lu' en- 
 tered the law fitfice of Henry H. f'ullei' in l>os- 
 ton and latei' tln' Hur\'ai'd Law School, and 
 was aihintted to the Suffolk liar in .lulv, ls:;;». 
 During the next tw"o years he was associateil 
 with ^Fi'. Fuller, and aftei-wai'd h(_' practiceil 
 alone until lf^4-'i. when he formeil a eopartiici'- 
 
 sliip with his ln'othci' under the st\de of < '. d". entire life. He had an ext(ar<i\-e law practice, 
 et d\ H. liUSsell, which continued foi- lift\' hotli in the ottice and liefo|-e the conils. \'et he 
 
 H,\KLE3 T. UISSELL, SK 
 
 years, or until his death in Istxi. 
 
 ile\'oteil nmcli time to the intia'csts of xai'ious 
 
 Soon after heginning the actix'c pi'actice of institutions <if moi-c than local mipoi'tance. 
 his profession Mr. Kusscdl hecaine a inemhei' of foi' many \ears he was a memher ol the hoard 
 file Boston S<-hool ( 'ominittee, and as such was of \-isitoi'S of the ddieological Schctol at A I id(.)\-(M', 
 alone in that hody in ad\'Ocating the admission ALiss., and seci'etary of the hoard, and made 
 of ccjlored (diildi'cii to the puhlic sidmols of the the (dosing arginiKait hefore that hoard coii- 
 city instead of contiiiiiig them to specia I s<'hools, ceming the li\'<' professoi's of the iiislifntion 
 as was then the (aistom. He was a miaiihei' of who wei'c ai'CUscd of hctei'odoxy, and was scnioi- 
 tfie lower house <)f the Legislature fi'om IJoston coinisel for them in the lieai-ing of the case 
 in 1x44. Ls45 and 1 SoO, and of the Senate in liefoi-<' the Supi'eme .ludicial ('ourl. He was a 
 ISol and iXoj!. in 1 S. to he took up his resi- c<irporate niemher of the Aiiici'ican JSoaril of 
 dence in ('amliridge, wdaa-e he sei'\'ed as mayoi' ( 'ommissionei's for Foi'cign Missions, a nuan- 
 in ixtil and l.Sti:^. In 1.S77 ami Isys he was her of the Arneiacan < )riental Societ\', a niemher 
 
34 
 
 THE JUDICIARY AND THE BAR OE NEW ENGEAND. 
 
 I if till' A iin'Hcaii ( 'nlli'i:!' ami Ivlucntiini So(;ii'ty, 
 a iiii'iiilii'i' (if the Sdcicty for I'lvjiiinf iini Tlico- 
 logieal Ivlui-atidii aiiKiiiL; till' linliaii^, prrsidcnt 
 oftlir lloanl fif . Ministerial Aid and (if tlic < 'uu- 
 }^ix'L;ati(iiial ('luli (if lid^tdii, a iiii-'mliei- of the 
 Massaeliusctts IJililc Socictw and a iiunxlliiT. 
 vice-[ii-esidcnt. anil in'i^-^iih^-id nf tin.' Bostdii 
 Younu' Men's ( 'liristian Assnciatidn. and didiv- 
 eix-'d the address at its inanuuratioii. 
 
 I le wi'dte a liistdr\' (if his uat i\'e town, Prince- 
 ton, and delix'ereij a lari^e nunihei'df ndtahh- 
 addresses, anidiiL: tlieiri Ikmiil; the fdllnwine': 
 The Fiiui'th of .lul\' oi'atiim hethi-e the anthrir- 
 ities of th(? city of ]]dston in 1S.")1 ; the etadeii- 
 nial addix-ss at I'l-ineetoii in 1 S-"i9 : the oiien- 
 ine addi'ess at the hi-eenteiniial eelehration of 
 the First eliureh aial parish of ( anihridec in 
 l'S()(i: and an argument hefdi'e tlie Massaehn- 
 setts Senate (in ^hlnllOdd Suffrage in Isys, 
 wdjich was enlariicil and re[ieate(l liefdre the 
 joint leLiislati\'e ediiiniittee and then )irint(.'d, 
 and wdiieli was a^ain (Milai'e'ed in 1.SS7 and 
 addressed as an (ipen letter tetlie Legislature. 
 He dis]ila\'e(l L;i-eat literaiyas w(dl as (.iratiii'ieal 
 ahility. and aehie\'e(l distinct inn as a jileasinu, 
 ei-aceful and el(ii|Ueiit spi.'aker. He was alsd a 
 professor in the Hdston CinN-ersity Law SdiCKil 
 from its oriiani/.atiiin until his death, and alwavs 
 t(M:ik a (lee|i int(M'est in its Lirowth and pros- 
 perity. 
 
 Ml'. i;ii>s(dl was ijiarrie(l .lune \. Ls4n. to 
 Sarah I-]li/.aheth, inily dain:ht(a' (if -lo-eph 
 ISallister. a jirdiiiincnt Huston inerehant. "Jdiey 
 had six ilaimJiters .■iiiil four sons, twd (if the 
 lattei- I.eiiiL; the late<;ov. \\'illiain !•:. l;u!-.-(dl, 
 of Hostdli. and ('harles T. Lussell, jr., a luern- 
 her of the lldston lia)\ 
 
 WILLI.VM LI'STLs KLSSELL. LL.D., 
 iiostdU. \\ li(i>e uiitiiii(d\' I lea til (in .Inh' 
 lii. L'sIHI. cause(l deepest iiidui'iiinc thrdULih- 
 out the ( "(1111111011 wealth, (lescended frdin I'uri- 
 tan ancestry, aiiil was a sdu (if Charles 'Jdieo- 
 dore l;ir-s(dl. sr.. and Sarah lOlizafieth Ballister. 
 He was hoj-n in ( ■ainhi-idee. Mass.. .lanuar\- (i. 
 
 Is.")?. He was the yoannest (if f(jur lnothers ; 
 he ]iasse(l his l.ioyhodd in tli(.' ( ainliridiie puli- 
 lie s(di("iols and at the a^e of sixteen entered 
 LLir\-aiil ( 'dlleiic. During his uni\-ersity career 
 lie exhihited niaiiy (if the (diaraeteristies and 
 (|Ualitications wdiich. in later years, eontrihuted 
 to his ]-a[ii(l a(l\'anceiiient towards tlie eminent 
 position he oceujiied at the time of his death. 
 Hi' was not a pivcocious student, l>ut his un- 
 failine- nihanity, his active intelligence, and his 
 proticieiiey in all the athletic recreations of 
 college life lirdiight him ureat popularity and 
 many sine(.'re friends. His fa\'orite studies were 
 the classics, political economy, and history, 
 .and he was (.'Specially strdiig in the did Loman 
 law. In his studies, as «-ell as in other resjiects, 
 he exhihited the inddinitahle energ\' and ]ier- 
 sex'craiice that Wbw among his distineuishing 
 (diai'acteristics. 
 
 JLs p(iliti(.-al antece(lents were ]>emocratic, 
 and his ai'dent c-spdusal of the princijiles of that 
 |iarty and his readiness to effecti\'ely ujihold 
 them in an argument were dcandiistrated dur- 
 ing hi- cdl |(.-ge life. He was graduated with 
 hriiK.ir in the (dass of Ls77. and entered the 
 I)Ost(iii riii\-ersity Law School, h-om wdiich he 
 was graduated in 1 syi) at the head (if the class. 
 He re(.-ei\"e(l the first shhiuhi rtim Iiiiiili (leijree 
 ever gi\"en li\- tin- s(di(i(il. Li Issit he was 
 a(lmitte(l to the Suffolk har and hcLian practice 
 with his father and his uncle, ddioinas H. 
 I;uss(.dl, a law lirm that had heeii (;onspi(aioiisly 
 successhil for furty years, ddie young man was 
 pfissessed oi'all the jiersdiial gifts that most fre- 
 i|uentl>- insure [Kipularity — a winning smile, 
 a symjiathetic \'(iice. a frank .ami attracti\'e 
 lieariiii:. with iidwers ofeldijuence I'ai-elv eijualeih 
 It \\'a< alm(i>t ine\-itafile that he .-liduld he called 
 iiitd actidii in the pnlitical fieh.l, young as he 
 still was. 
 
 ]Ls first pulili(.- dffice was couiKalman in 
 (.'amhridge. ser\-ing one >'ear. which w^as fol- 
 hiwed hy t wd yeai's as alderman. During this 
 period hi- ac(|iuiintaiice was ra]iidly extended 
 and the circle of his political h'iends and ad- 
 mirer,- greatly enlarged. In J)ecemlier. Ls,S4, 
 at th(:' age (if twent\"-sevcn. la.- waselected mavor 
 
BIOGRA PHICA L.~M. I SSA CHUSE TTS. 
 
 35 
 
 of C';inil)ri(l^x' oil ;i inuiiici[i;il ri't'orni tic-ket, ami 
 liis atliiiiiiistvatioii iiK't with such fa\-<)r that lio 
 was thrice re-elected, lioldino- the uHice four 
 years. In this office, on many occasions, lie 
 exhihitcil in nuirked <k\ii,ree his nati\-i.' dignity 
 of ehai-acter in <lealing with puhlic all'airs de- 
 niaiidin,!;- lii.^h administrative ability, and at 
 the same time, hy consummate tact and an 
 unfailinij,- sense of justice, made many friends 
 anions his political op[ionents. 
 
 He had now attained such a conspicuous 
 l>osition that in iss.s lu> recei\'ed the Demo- 
 cratic nomination foiyu(>\ernor of Massachusetts. 
 During,- the campaign he made about fifty 
 speeches in various parts of the < 'oonnonwealth, 
 which ailded materially to his rc]iutatiun in 
 this respect. Tie was defeat(.'il hy (Jli\'er Ames 
 hy mort' than ".^is, ()()() \-otes. Xotwithstaiidin,L;' 
 this his own faith in his future was undistui'hed, 
 and his crmstituents Lia\'e him a sc(;oiid nom- 
 ination only to meet with asimilai' I'esult. He 
 f)ecame an ardent champion of tariff reform, 
 and the opposing candidate's phirality was re- 
 duced to (i.TTo, wdnle tln' (/andidatc for licaiten- 
 ant-governor on the i"n>posing ticket i'ecei\'ed 
 o\-ei- :i(),(Hl() jtlurality. Following his third 
 nomination, in 1 .S90, foi- the high office' against 
 his foi'mcr opjioueiif (John (^ A. JJi-ackett), he 
 was elected hy more than !-),()00 — a political 
 trium[ih \'ei'V seldom realized under sinnlar 
 conditions in resjiect to the tw<i great parties. 
 He was then only thii'ty-thi-ee \'ears old, and 
 many pi-ominent Iie[ad)licaiis and some of the 
 jiulilic prints were inclined to treat his [)olitical 
 aspiratifins in a facetious iiiainiei', and his well- 
 won success as assuredly tianprii-ai-y. It is an 
 unwi'itten law in Ahissachusctts that a success- 
 ful candidat(.' for the oftice of go\'ei'noi' shall he 
 gi\'en two succeeding nominations : l.ait manv 
 well-meaning and usually le\'el-lieaded |ioI- 
 iticiuns accejited it as a foi-egone coiKdusion 
 that one yeai''s adiuim'stration hy OoN-ei'iior 
 Kussell would so (deai'ly demonstrate his ini- 
 fitness and in(;apacity that he wf)uld tliere- 
 aftei- he turned hack to political ohsciu'ity. They 
 " C0unte<l without tlieil' host." He was twi(;e 
 re-elected to the same high otfic(.', and it is. 
 
 perhaps, not too nnich to say that puhlic alfaii's 
 were ne\'er irioi'e elliciently condui'ted, as far 
 as the governor's adiuinistral ion could he 
 hroiight to hear, than during William Iv llus- 
 sell's thi'ce vears of sei'N'ice. 
 
 !)uring the polilieal campaigns of those 
 years he had de\-elopei| into a rejilly great 
 orator, with |)owers in debate that waax- o\'er_ 
 whelming. The same uiK^rring tact, the frank 
 and iinsweiA'iiiL'- hiaiest\', a ml the earnestness 
 
 iiiiiiiiiiiiiiiiiiiiiiiiiiiinTiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiMiiiiiil 
 
 WII.LIA.M E. KUSSEl.L 
 
 ot his labors tor the general public go(jd, car- 
 ried him through his career as go\'ernor — wdieii 
 his immediate [lolitieal en\'iroiiiiient was dis- 
 tiii<;tl\' hostile — and enahle(l him to retire from 
 the oHice with a host of friends in t)oth political 
 parties far greater than sui'roiimled him when 
 he was first elected. Those pei'sons who had 
 e.xjiected, or possibly hoped, to see him exhibit 
 the weakness of iniiiiaturity or tinie-ser\'ing 
 when confr(.)]it(.'d with Ihe real diliicailties of his 
 tremendous task, wei'e most thoroughh' dis- 
 appointed. 
 
 (ioN'eriior l;uss(drs literai'y sly le was excel- 
 lent : no read(a' could mistake his meaning in 
 the writt(ai sentence or ill his lucid spee(dies. 
 His state papers are models ol clear and power- 
 ful (;on(.-iseness. 
 
3G 
 
 THE JUDICIARY A XL) THE BAR OF NEW ENGLAND. 
 
 For tlic |inr]inscs of this l)riei' skt-t(;li, the re- 
 inaimlcr of tlic stni-\- of ( io\-ei-iM>r UuhscH's liff 
 is so<iii told. His ii:iiiR' cniiir pi'oiniiK.'iitly 
 l)efoiT the |)nl)lic as a presidential possiliility in 
 l.S9:^, hut Dot throu^uh his seekiiii^. He retired 
 Jroni the ofiice of ^o\'ei'iioi' a coinjiaratiN'el y |)ooi- 
 man. ^FairyinL:, in ISS."), Margaret Mainiini; 
 Swan, daughtei- of Uew .rosliua and Sarah A. 
 ( Hodyes) Swan, he liad settle(l in ( 'andii'idnc, 
 and at his death was fathei- of thi'ee ehildi'iai. 
 To proN'ide for them he Joined a In-other and 
 eoiisin in foiinim: thr I'xiston law firm of l!u^- 
 selUV: ilussell and eidered u]ioii suceessful pi'ai;- 
 tiee. Aftei'full)' detei-miidng to remain alisent 
 from the ('hica^o eon\-ention, wliei-e his name 
 was at one time almost sure to he la'ouijiit for- 
 ward as the standard hear(.'i' of the Hemoei'atie 
 j)ai1y in the ensuiuL; jiresidt'iitial eamjiaign (a 
 prospeet upon whieli he frowne(lj, he finally 
 saw the iieeessity of his presenee tliere as a 
 condiatant against the free sih'ei' doetiine. He 
 wenf, and, after the nonnnation of ]>ryan, re- 
 turned a weai'ied and disa])pointed man. It 
 wounded him soi'(dy that the great party, with 
 wliieh he had so long fought, should lend its(df 
 to wdiat he l>elie\'(Ml to he|)olitieal dehasement. 
 
 ( io\'ernor Itussell's energy aial industi'y. hoth 
 of wliieh had ever I leeii freely devoted to puhlie 
 affairs, were gr(/ati-i' than his physical cndur- 
 anee. and his health heeame seriously impaii-cd. 
 through weakness of the stomaeh. To ici-uper- 
 ate his strength he \\ent with a small party of 
 friends to a sportsman's camp in the township 
 of i'ahos, I'roN'inceof (^uchec. Iea\'inc Boston 
 July l:l, l.s9ii. Two .lavs later, on the loth, 
 wdnle appai'cntl)' in the hest of spii-its. and 
 pre|iared to henetit hy his outing, he i-ctireil to 
 re.st i]i fine of the hunter's eottages. 'I'he next 
 moi-ning (the With) he was found ilead, ha\-ing 
 ]ieacefull\' passed aw'a\' ap|"jai-ently while sleeji- 
 iii". His death was a terril ili- shock, not alma- 
 to his family and other i'(dati\"es, hut to e\'ery 
 eitizi.'ii in the Commonwealth. His remains 
 were hi'ought home, and from f la.- time of tlieii' 
 arri\'al until the\' werehurieil fi'om sight foi'- 
 ever, the peiiple of his nati\'e State unitt'd in 
 doing lionoi' \o his memorv. He was eleeted 
 
 president of the Alumni of the I>oston rni\-er- 
 sity LawSeliool inlXSS, and in 1X91 Williams 
 (.'ollege conferr(.'d upon him the honorary de- 
 gree of LL.]). 
 
 CHAKLF.S THKODORE 1;(;SSI-:FL, .Jr., 
 ' l>oston, is descended in the nintii .gen- 
 eration fi'om \\'illiam Russell, who came from 
 ]']ngland to W'ateitown, Mass.. in l()4o. Idu'ee 
 geiH'rations later the family moved to Idttleton, 
 ^[ass., whence Mr. Uussell's ^reat-" randfather 
 John Russell. remo\-ed to Princeton, where the 
 sulijeet's fathei' was horn. Mi-. Russell is 
 the eldest son of the late ('harles JJieodore 
 Russell, SI'., for many years a leading niemher 
 
 CHARLES 'r. RUSSELL, JR. 
 
 of the Suffolk l(ar,and Sarah Elizaheth ISallister, 
 his wife, and was horn in ISoston. Mass.. April 
 •10. l.s")l. He atteiide<l the puhlie sidiofils of 
 <'amhridge ami was graduated from HaiA'anl 
 L'niversity in Isy;',. ainl then entered the Bos- 
 ton rni\'ersity Law School, wdiere lie took his 
 degree of LL.R. in ls7."i. He read law with 
 his father's firm, ('. T. iV: T. 11. FUissell. and 
 was ailmitted to the Sufl'idk har May lo, ISTo. 
 Immediattd V afterward he hei/ame a niemher of 
 
BIO GRA PH/C. I L . —MA SSA CH L 'SE T TS. 
 
 m 
 
 that tinn and so I'diitiiiuod until .laiuiarv 1, 
 1894, when, with liis ln'othei-, (Jow William 
 E. Russell, and a cuusin, Arthur II. Kusscll, he 
 formed the tirm of Russell A' Kusst'll. Sinee 
 the death of (Tovernor Kussell the two sui'\-i\'in<i 
 partners have eontinued the liiiii name. 
 
 j\Ir. Russell has for many years enjoyed a 
 lar!j,e praetiee at tin' liai', prineipall)- in the line 
 of a(bniralty la\\\ He posst-sscs let;al i|iialili- 
 eations of a hi,^li order, a stront;- t;u'ult\- foi' 
 marshaling- faets, and a keen, diseriniinat Ihl; 
 judti'ment. As eovniselor and aih'oeate he has 
 lieen eonneeted with nuioli impoitant litigation. 
 and in cfiamher praetiet' is widely recognized 
 for his ahility and inchistry. In adilition to 
 attending- to a heavy professional husiness he has 
 ereditahly filled se\-eral positions of trust and 
 honor. 
 
 In 1 S,S4 he was appoiided a civil ser\-ice com- 
 missioner for Massachusetts, which otiicc lie has 
 held l)y sucee.ssive reai)pointmeiits to the pi-es- 
 ent time, and sinee 18<S9 has heen chairman of 
 the commission. In ISKT) he was appoint<'il 
 hy the House and Senate as I'ditor of the " Re- 
 ports of Contested Election ('ascs hetoi-e the 
 Legislature," and has e\'er sini-e sta-veil in that 
 capacity. \\y appointment of the Supreme 
 Judicial (.'(.mrt he became, in 1S91, one of the 
 examiners of applicants for admission to the 
 bar for Suffolk county, which position he re- 
 signed in l<s9'i, ha\-ing been much of the time 
 chairman of the board. lie is an ardent and 
 consistent Democrat, hut h;is ne\-ei- s(]Ught noi- 
 accepted political ottice, preferring instead the 
 uniriter]"upted })ractice of his profession. He is 
 a mendjer of the I'nion, Lhii\'ei-sit\-, and St. 
 Rotolpli Clubs of I)f)ston, and (jf \-arious other 
 social and literary organizations. He has ncxer 
 married. 
 
 LINCOLN LLA(;G RRKillAM, A. .M._ 
 LL.D., Boston, for thirty-one years an 
 associate justice and chief justice of the Massa- 
 chusetts Superior <Joui1, was the youngest of 
 six children of Lincoln and Lucy (Forbes) 
 Brigharn, and was horn in ( 'amhridge, Mass., 
 
 ( )ctober 4, 1 S] 9. He was the se\'enth in descent 
 trom Thomas Brigham, whose name ap|)ears on 
 the W'atertown I'ccords as early as l(i.'!7. 
 
 He was designeil by his fdliei- foi' niercaidile 
 pursuits and s|)eiit two yeai-s in the counting 
 room of SanuU'l Austin, ji-., in Boston, lea\'ing- 
 in the fill of LS.'!7 to prepai-c toi- college under 
 his brother-in-law, Rev. I)a\'id l'eahod\-, then 
 
 LINCOLN FLACG ^1KIGHA^L 
 
 of \\^>rcester. After one year heeidt'ri:d Hart- 
 nu.iuth College, from which he was gi-aduate(l 
 with high honors in -Inly, \XV1, and whei-i- hi' 
 was called to deliver an oration at the com- 
 mencement in Lsdo, when he recei\-cil the dt'- 
 gree of Master of Arts in course. In Septendjer, 
 1842, he entered the Dam' Law School at Cam- 
 bridge, aial remaine(l theii' until January, 1 .S44, 
 when, having recei\-tMl the degice of LL.I>., he 
 liecame a stuilent in the ottice of ( 'olby ct ('lif- 
 ford rif New Bedford, Mass., the foi-mei- being 
 at that time judge of the ('ourt of ('onniion 
 I'leas and the latter subse<piently attoi-ney- 
 genei'al and g((\-ernor of Massachusetts. Mr. 
 Brigham was admitted to the liar at Xe\\- lied- 
 ford at the June term of the ('onnnon I'leas 
 ('ourt in 184") and in .Inly \\-as recei\'ed into a 
 pi'ofessional partnei-shiji with his late instl-uctor, 
 Hon. John H. Clifford, then the leadei- of the 
 
38 
 
 THE II'DICIARV AND THE BAR OF NEW ENGTAND. 
 
 Ih'isti)! (•(iuiit\' liar. Tliu fii'iii nf ('littui'il it 
 ISriiiluini wns (lissoh'eil in Jaiiuarv, Is");!, on 
 aci-ouiit of tlic cli'i-tinn (if ^^l•. ('liH'oi'il as i;o\'- 
 fniiir. In l''i'l)i-aary. 1^>54. ( lii\'('i'n<.ii' ('lilford 
 a];i[i(iintc<l -Mr. ISri^liani disti'irt attorney foi' the 
 SoutlnMii Criminal ilisti'ict, wliicli connii'iscd 
 the four soullicastci'ii coLuities of ^^assa(•luls(■tts. 
 He filli'il tliis otfice witli u'j-eat aeeeptaiiee, and 
 when it was made elei.-tix'e in Xoxemhei', lSo()^ 
 he was eontinned hy popuhii' ejioiee until June 
 1, ISoU, wlien lie resi.n'ned to a(;ee[it the eom- 
 missiini of associate justie(.' of the ^Massachusetts 
 Supei'ior ('mirt li\' the aiipointment of ( lo\'. 
 Nathaniel 1'. Banks. 
 
 The Supei'ior < 'ourt was esfahlished in lsr)9, 
 and .lud^e Ihagham enter(.'d upon his duties as 
 one of the ten oi'iuinal associate just ices almost 
 inimeiliately after I'l'si nil inn' the (list lactattoi'iiey- 
 sliip. In lsi;9 he was made its thii'd (diief 
 justice, succeeding Hon. Seth Arnes, who was 
 promoted in that vear to a seat on the IkmicIi 
 of the Supi'cme .ludicial ('oui't. -ludge ISrisj,- 
 harn continued as chief justice of the Su|iei-ioi' 
 Court (if the (_'omnionwealtli until ()(;tolier, 
 l.s;j(l, when he resigned. He (lie(| Feliruar\' 
 '1~ . l.S!)5. I)artmouth and Hai-\ai'd hotli con- 
 ferred upon him th(.' honoi'ary degree of LL.D. 
 He was married ()ctolier 14, lS47, to fdiza 
 Endicott Swain, daughter of 'riiomas and 
 Lydia (Clapji) Swain, and gi'anddaughtci' of 
 Thaddeus and Ruth (Hussey) Sw.-iin.of New 
 Bedford. ^lass. 4"hey had fouisou^. 
 
 Tlie I'esolutions a(lople(l at a meeting of the 
 Suffolk county har in lloston, .lunc "21. Isi-).). 
 contain the following trihutc to his memoi-y: 
 
 •■To the jiresent generation of law\'ers (diief 
 Justice Ihagliam is S]ie(dall\', and almost ex- 
 clusi\'ely, known hy his long -er\'ice of more 
 than thirty years u| ion the hendi of t Ik.' .'-'Superior 
 ('ourt. For moi'c than a generation he gave 
 his constant, faithfid scr\-ice to this court, and 
 for o\'er two-thirds of that time was its chief 
 justice, declininL; more tiian ouc(.' to leave that 
 service for highei' jielic-ial honors. 
 
 "Jdic manner in wJiicli ('liicf .lu-ticc l!i-ig- 
 ham pei'foriiicd the cx.'icting and important 
 duties of that hii^h oHicc is lamiliai'. and needs 
 
 no piaise. Always cai'eful, considerate, kindly, 
 and patient, iiiHexihle foi' the right and ipiiek 
 to sec \\here the right lay: with a hearty con- 
 tempt foi' all trickery ; with a conipeteiit know 1- 
 edge of the la w. and I'eady in its application to 
 pai'ticulai' cases: with a calm, just and clear 
 judgment, and an adiriii'ahle judi(/ial dignity 
 anil hearing: lii'in and decided in opinion, 
 tolei'ant in its ex[iressioii. aial evei' gi.-nial and 
 gracious on and otf the hench, he was an ideal 
 chief justice of this (.-ourt. 
 
 " .\t the time of his I'csignation he had de- 
 \-oted the gl'eatei' part of his long and useful life, 
 with singular aliility, integrity and honor, to 
 the servic(.' of the ( 'onnrion wealth. He IkmI 
 eai'lieil the I'cspect of the wdiole puhlic and the 
 admiration and .-iffection of all his jn'ofes.sional 
 and judicial associatt's. "idic'V will not forget 
 the \alue (if his s(.'rvi('es noi' the admirahle 
 mannei'in wJiich th(.'y were I'ciidei'ed, an(l they 
 esteem it a pli\'ilege fo place Upon the recoi'ds 
 of the coui't with wdiich he was so long identi- 
 fied this e\-iden('e of theii' high appi'eciation of 
 the (pialities \\hi(di will per[ietiiate his name 
 in (Uir ju(li(;ial history, and of the pei'sonal 
 trahs \\dii(di (•ndi.-ai'cd him to his hi-(.'thi'en and 
 which will make his life and chai'acter a fond 
 and living memory.'' 
 
 The late Hon. p]dniuu(l Hatch 1 teiniett, (h.'an 
 of the Pxiston rni\-ersity La w School, summed 
 up . lodge Ih'ighairj's (diai'actei' in t Ik/ foi kiwing 
 woi'ds : 
 
 '' I cannot hetter sum uji my opinion of Judge 
 Brigham than to say that in pi'i\-a1e life he was 
 modest hut not liasld'ul, (lecided hut not dog- 
 matic, yielding hut not tickle, lihei'al hut not 
 inditferi.Mit, attached to his own faith hut not 
 higoted. As a puhlic prosecutol' he was faith- 
 ful hut not too pei'sistent, mei'cihd hut not weak, 
 just hut iie\-er cru(d. As a jU(|ge he was suf- 
 ficiently learne(| hut ne\-ei' peikintic. self-pos- 
 ses-ed hut not sel l-opini(in( '( 1. fil'lji hut not oh- 
 stinate. alwa\'s (lignitied hut ne\-er hauehtv. 
 
 ■'■ludge Brigham's fine pi'esence and ju(li(/ial 
 fempcramenf. joined with a lo\'e of justi(;e and 
 ample leai'inng, made him a mo(lel /y/.s'/ prins 
 ju(lge. The \"(iung an(l iii('xpei'ience(l alwavs. 
 
BIOGRA PHICA L—M. I SS. I CH USE TTS. 
 
 39 
 
 found in him a lK4])ful friend. Ik- was paticid 
 in hearing and impartial in judginent, di,i;iii- 
 fied and kindly in all his ridations, eourtenus 
 and fair and accurate. Ilis highest judici:il 
 attriliute was eharaeter, wdiich he possessed in 
 an eminent degree, and whieh won tui' him 
 universal respect and contidence." 
 
 Clifford lirigham. Salem and I'xistdn, is the 
 third son of the late Lincoln fdagg ISrigham. 
 chief justice of the Supcridi' Court, and was 
 born in New liedtuid, ^hlss.. Septeiidiei' 'I'l. 
 1S.")7. He was gi'aduatcd from HarN'aid ( 'ol- 
 lege in tlie class of ISSII, and after reailing law 
 was admitted to the Suffolk liar in l.s,S4. 
 Since then he has heeu engaged m the general 
 jiractice of his profession in Salem and lioston. 
 Me resides in Salem, Mass. 
 
 TOHX (H'lNCV ADAMS IJRAt 'KE'fT, 
 ?_J Boston, go\-eriior of Massacluisetts in ISDII, 
 is ot Scotch and faigiish t'xtraction, heiu;.; a 
 descendant of < 'apt. Richard Hrackett, wdio 
 came fi'om Scotland to Boston in Ui:^;) and suh- 
 sei|uently settled \\\ Hraintree, now <^uincy, 
 Mass. ('ajitain Biackett was prominent in 
 military and ci\"il life, and the progenit<ir of a 
 race wdiich has ligure(l conspitaiously \\\ the 
 growth and histoi\- of New l']ngland. Se\Ti-al 
 generations of the fiiinly rcsideil at (^uincw 
 where Amhnise S. l!i-ackett, sou of .loseph and 
 (_'harlotte (Xewcomh) IJi-ackett. was hoi-n in 
 1.S14. He settled ill P.radford, X, H., mai-ried 
 Nancy JJrown in ls;is, and died therein Isys. 
 By occujiation he was a shocmakt'r and firmer. 
 
 Mr. Brackett is the s f Amhrose S. and 
 
 Nancy ( Brown) Hi-ackctt, and waslHirnin Brad- 
 ford. X. H., .lime .S, 1X4-!. He [ireparcd lor 
 college at (V)||jy Academy at New London, X. 
 H., and afterward entered LLirvard Lni\-crsity, 
 from wdiich he was gi-aduated with high honors 
 in l'S(i5, being class orator. He then taught 
 school fora time, and in LSIifi became a student 
 at tlie Har\'ard Law School, wdiere he took his 
 degree of LL.B. in .June, LstiS. In Febi'uary 
 of that veal' he had lieeu admitteil to tln' Snl- 
 
 iolk bar, and immediat(dy entcrcil ujioii the 
 acti\-e and successhd practice of his profession 
 ill Boston, ^Ir, Brackett sunn gained an hon- 
 orable standing as an able, industrious and 
 learned ad\'oc;de and comisidor, l'^i-om 1.S7X 
 to iSSd he was a partnei' of Hon. Lvx'i ( '. 
 \\aide, who was s[ieakei' of the Massachuss'tts 
 House of l;e|)reseiitati\'es in ]S7!), Since the 
 autumn of 1 S.sil his law |)artner has heiai Walter 
 H. liolxats, a gi-aduate of llai-\-a!-d of the class 
 of LSTT. 
 
 Lroiii early lif' .Mi'. Brackett has h'cn an 
 ardent liejuiblican, and tbi- many years he has 
 been one of his party's ablest and most trasteil 
 leadiM's, His |)ublic career coiiimenced in IST.'!, 
 wdieii he became <i meiiibei' of t he Boston ( 'om- 
 iiioii ('ouncil, in wdiich he ser\'eil toui' terms 
 (IST-'l to Lsyii, iuclnsive), the last one as presi- 
 dent. In 1 874 and 1 .s7-"> he was iudu'c ad\'ocate 
 
 [I iiiN <; A. i;KACki. ri. 
 
 with rank of ca|)taiii on the stalf of Brig. -(.-leu. 
 I. S. Burrell, coinmandiug the f'ii-st I5rigade 
 ■M. \\ M. He w-as (dected III 1 .S7(; to the lower 
 house of the Legislature, wdiert' his services 
 co\'(a'C(l a pi'ifod of eight years (1.S77 to l.S.Sl 
 and Ls,S4 to ISSd, in(diisi\c), and during the 
 last two terms he W'as speakei' of that body. 
 In pre\dons years he ser\'ed on man\' important 
 
40 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 c-oimnittee;^, heini; Hduse i,-liaii'iiuui of those on 
 taxation, lalior, and liarhor.s, and rliainnan of 
 the judieiary committee. In lS,S(j he was 
 elected lieutenant-gox'ernor, witli Olix'cr Ames 
 at file licad ijf the ticket, and ludd tliis office 
 three years (ISST, ISSS and 1S,S9). In the 
 latter year ln' was nominated for the <;o\'ernor- 
 ship to sncceeil Go\'ernor Ames and was 
 elected, and after Hllintr the guhernatorial chair 
 one year (1890) was renominated for a second 
 term, hut was defeated by the Democratic can- 
 didate, Hon. William E. Russell, l)y a small 
 majority. Since tlien he lias practically held 
 aloof from politics. ( ievernor Brackett was one 
 of the delegates at large from Massachusetts to 
 the Repuljlican National ('onvention at Min- 
 nea])olis in IcSOj! and served as a mcnibei' of 
 the committ(^e on platform. In 1<S9(J, as pres- 
 idential elector at large, he lieaded the Repul.i- 
 lican electoral ticket in i\fassachu.setts, and in 
 January, 1897, was chosen president of the 
 Commonwealth's electors. 
 
 As a lawyer and advocate he has achieveil a 
 prominent place at tlie har. His legal qual- 
 ifications, his ready grasp of facts, and his 
 ability and gooil Judgment are among liiscliief 
 characteristics. Since retiring from public 
 office he has devoted himself assiduously to the 
 practict' of his profession. In tlie department 
 of law relating to real estate he stau<ls high as 
 an authority. He is not only a successful lawyer, 
 but a ])leasing and [lopular public S])eaker, a 
 good ]iarliaiiientarian, and an abh' legislator 
 and statesman. His services in the Legislature 
 ami ill the capacity of governor were faithfully 
 anil efficit'iitly renik'iH^d for the general welfare 
 of the State. 
 
 ( )ne of till.' moiv noteworth\- incidents of his 
 career is his eaily and I'ontinued interest in 
 and support of the formation of workingmen's 
 loan associations, now calleil co-operati\-e banks, 
 wdiose methods of business enable pei'sons of 
 limited means to acipiire hoiiiesteads on easv 
 payments, the law authoi'izing their oigaiiiza- 
 tion having bei'ii report i.'d by him as House 
 cliairman i:)f the legislati\-e committee on labor 
 in 1S77. Mr. Brackett belie\'es that, as a rule, 
 
 a houseboldei- will never become an anarchist, 
 and that the sense of home ownership exerts a 
 steadying influence and tends to make a man 
 a better citizen. Another subject wdiich en- 
 gaged his earnest and jiersistent advocacy at a 
 time wdien it was opposed by many members 
 of his [larty was the abolition of the tax pre- 
 reipiisite to the right to vote. Manhood sutt'rage 
 prevailed and is now popular. Still another 
 useful and liberal measure was the ♦'uniishing 
 of free text-liooks to the pu})ils in the public 
 schools, which received his early and efficient 
 endorsement. 
 
 As a citizen Mr. Brackett is progressive, 
 patriotic and pultlic spirited, imbued with tlie 
 highest sense of honor, and zealous in advanc- 
 ing all worthy movements and enteri»rises. 
 Personally he is a warm and genial friend, a 
 generous and catholic antagonist, earnest in 
 argument, l)ut eminently fair and judicial in 
 weigliing the arguments of the otlier side and 
 in his conclusions. As speaker of the House 
 ill 188.") and Is.si; he received great commend- 
 ation, even from his political o[)poneiits, for 
 liis impartial rulings and for his unwavei'ing 
 couitesy, e\-en when Hrin and decisi\'e rulings 
 wei-e necessary, as was the case in tlie well 
 remembered si'ssionof 1885, when a long course 
 of olistruetive and dilatory tactics had to lie 
 ended by dei/laring them out of order. ^Modest 
 and unassuming to an unusual ilegree, the high 
 stations lie has Hlled and the valuable and im- 
 portant ser\-ices he has rendered to the Com- 
 monwealth ha\'e never wrought a change in 
 these natural i/haracteristics. He is a man of 
 file people, and has ever been devoted to their 
 wants and interests. He is a life memlier of 
 the Mercantile Library Association of ISoston, 
 and served it as president in 1871 and 1882; 
 is president of the Middlesex ('lul> and is a 
 niemliei- of tlie Rcjiublican (dub of Massachu- 
 setts, the Massachusetts Cluli, the Arlington 
 ISoat ('lull, the Boston Art ('lub, and the Ma- 
 sonic fraternity. 
 
 Ml-. Brackett was married June 2(1, 1878, to 
 Angle M., daughter of Abel (b Peck, of Arling- 
 ton. Mass., where thev have resideil since 1887, 
 
B lOGRAPHIC. I L.~jV. I SSA CHI 'SE ITS. 
 
 41 
 
 mo\in!j, tliiMX' tVoni ISiistnii. < )t' tlicii' tour rhil- 
 (hx'ii two ;u\' iinw li\iiin- : .lului lia\'l"ril l>i'a<'k- 
 ett, a student in Ilarvar.l riiivcrsity "f the 
 class (if 1901, and lU'atricf. 
 
 SAMl'KL .l.VMKS F.LDKR, is llic s..u (,f 
 •lauK's and l)id)(>i'ali Ouuliai' (Kociie) 
 I'^lder. and was Imrn in the village < if ] lo|i(.', 
 It. I., -lanuaiv 4, IsfiO. His first Amci'ican 
 ancestov was U(iln'it Elder, sun (if Kdlicrt 
 Eld(.T, of ( 'anu.'r(inian descent, wlio came frdin 
 Scotland to I'axtan^ (now Ilarrisliurg), Pa., in 
 IT-'in. ( )n Ids lUdtlier's side Samiud .1. I'jidei' 
 is descendeil troiu .laciih Kecuc, \\'li(i settled at 
 Thoniastdii. M(.'.. alidut ITSO. His fatliei', 
 • lames Eldei', was lioni in iialtiuioi'c, Md. 
 
 Mr. i'^lder attended tlie pulilic schools of, and 
 received his ]irc|iaratdrv ediicatidn at, Lawi'ence. 
 Mass., and was Li'raduated h'dm Yale ('dllc^e 
 in lS7-">. Pie then studied law in jioston with 
 .lohn H. Hardy, now a.ssociate justice (if the 
 Superidr ( 'durt (if Massachusetts, and u[Min his 
 adnii.ssion to the Suffolk Par in -lune, iSTd. 
 enga,i;'e(l in active practice in the same city. 
 He .soon gaineil a standing for his ahility and 
 industry and successfully huilt up a large [iro- 
 fessioual liusiness. In 1SS2 he foi'med a co- 
 partnershiji with ,I(ihu H. Plardy and Thomas 
 ^\'. Proctor, the latter of w liom was sidise(|ueutly 
 assistant district atfdi-riey and assistant city 
 solicitor. 'Idle firm of PPn-dy, Elder ct Pi-octoi' 
 continued until Mr. Hardy's apiiointmeiit to 
 the Pencil in liSS.l, when if Pecame P]lder ct 
 Proctor. A xcai' later Mr. l-dder w as pi'acticiiig 
 alone, and in PS9() he formed with William ( '. 
 Wait the lii-m of ICIder A' Wait, which was 
 ePanged to ICldi.'r, Wait A Wddtman, itspi-eseiit 
 stvle, P\' the addition of Ivlmund A. Wdiitman 
 in lS!t;;. 
 
 ^^|■. Eldei's |)|-actice has Peen of a gcnei'al 
 cParacfer, jirinidpally, howe\'er, in .jui'y trials 
 in the couid.ies of Suffolk and .Middlesex. He 
 has given special attention to copyi'ight law, 
 and was conns(d foi' the International * 'opy- 
 ricpf Peague (luring the wdi'k of that oigaui/.a- 
 
 liou liefoi'c the I'nited States Senat(; on the 
 iutei'uat ional (.■op\righf Pill of ISIM, wdii(di lie 
 was lai'gcly insti'umeutal in drafting. He i.s 
 lecturer on eiipyright law at lie I'xiston Pni- 
 X'ci'sity Paw Sidiool. IP^ is a man of fine in- 
 tellectual attainments, an aPle law\'er and 
 .■id\-ocale, and a Prillianl sp:Mki'r. In tliefi'iai 
 of causes he is espi.'cially strong, displaying a 
 liroad and c(imoi-eheusi\-e kiiowdedge of the 
 
 SANUIKL rWIKS KI.IiEK. 
 
 law and a wonderf'id faculty for the clear and 
 (•(incise |ii'esentaf ion of tln' facts. 
 
 .Vmong the moix' I'ceent cases with wliicP lie 
 has Peen pirimiueiifly (.■(innecte(l \\'as that affect- 
 ing (rciieral Ikitler's Ijook and otPers invohdng 
 ipiestions I'elatiiig to tPe municipality and 
 sti'eef I'ailways. ( )n Pelialf of the Museum of 
 Pine Arts and the Massacdnisetfs Institute of 
 'rechnology he also made, on PePruary 17, ISilS, 
 licfoi-e thejoint Pegislati\e committee on (dties, 
 an arginnenf on the limitation of height of 
 Puddings near ('opley S(|uare, wliicli with se\'- 
 eral others a]ipearcd in pamphlet form. I le has 
 ti'ied sex'cral of the few patent causes \\d lid i 
 lia\'c lie(ai li'ied licforc jui'ies in Xew iMigland 
 in the ]iast few years, notalily the long ti'ial of 
 the Natioii.al I 'a^li Kegister ('ompaiiy against 
 
.42 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 the I li recti.) vs (if the ISostuii ('asli Ki'^istcr ( 'oin- 
 paiiies. He is a well kiiii\\-ii ami talented after- 
 dinner speaker, lia\iii^' the i-eputatiiiii of heiii.u 
 alwaj's ready aiul graceful. 
 
 In politics he is i;<'puhliean. He was a 
 memherofthe lower house of the Legislature 
 in IXST), repi-esentini;- the fourteenth Midillescx 
 district (Winchester and Arlington), and sei'\ed 
 as cliaii'inan of the eonuiiittee on hills in the 
 tini'd reading and inenihi'r of the c(.iiinnittci' mi 
 ta.xation. lie di'clineil a I'enoiriination and 
 also a [losition on the hench of the Supi'i'ioi' 
 Court of Massaidiusetts, prefei'ring to de\-ote 
 hi.s entire time and ein'i'gy to the prai.-tice of 
 his jirofession, in \\dii(di he has hi'cn (eminently 
 successful. His hi'oad learning, his graei-ful 
 manners, his sti-ong peisonality. and his fori.-f- 
 of character are uruN'Ci'sally adnnrcd. and as a 
 lawyer and citizen hi- is higlily ri.'specteil and 
 esteemeil. lie lais hi'cn toi- many years a tV.ire- 
 most memljei' of the SuH'olk hai; and has heen 
 one the gox-eniing hoai'd of the Hoston IJai^ 
 Association. Fi'Oin ]Si)l to ISIMi he was State 
 coinmissioner on porti'ails of g(>\-ernors. lie is 
 a memhei'ofthe riiion ('luh. Tin \ I'l'sit \' < 'luli, 
 Middi(.'se.K ('luh, and Tayhij- (.'luh of I'.ostoli. 
 He is a uiendiei', and in ls9-'! was jiresidiait, of 
 the ^ale Ahnnni Association: a luenihi.-i' .-md 
 formerly president of the ( 'ui'tis t'lnh of LScj-tdH, 
 and a nieinher and tonne]' \iee-|ii'esident of the 
 Calumet Cluh of Wiiadie^iei'. Mas-., where he 
 has resided -inee Isyy. Hi' ha- alwa\< taken 
 a dee[) iiitei-est ill colleei.' and eeneral athletics, 
 in all pulilie matters, and in tin- ad \-a neement 
 of his town and State. 
 
 He was luariied at lla-t ings-uprm-the-l lud- 
 son, N. Y., Mav ID, jsyO, to Miss hillaS. 
 Thomas, daughtei- of ('oi'neliii- W, and .Mar- 
 garet J. (W'yckrjff) Thrima-. Their ehildreii 
 are Margaret .Munro, hannx- Adele and Kiith 
 Hunliai'. 
 
 on the l-'Uh of Fehruary, iJSl;!. Asa lioy he 
 seenrs to ha\'e displayed those powerful intel- 
 lectual ipialitii.'s which distinguished him in 
 latei' years and made him conspicuous on the 
 hench, in otlice, ami at the har, Entering the 
 freshman class of Ih'iiwn t'in\'ersity in lSi^(), 
 whiai a littleo\'er thirteen yearsof age, he soon 
 gaiiK.'d I'ccognition for his ]irecocious scholarly 
 attainments, \\diich dexxdoped and lipened with 
 unusual rapidity. Hi.- liecame not only a mas- 
 ter of (her'k, hut was well \'erscil in moral and 
 intellectual |)hilosopliy, rhetorie, ciiticism, and 
 political economy, as widl as in genei-al litera- 
 ture and the classics. Pei'hajis some of Ins 
 e.\'traordina)-y mental ])0wers were inherited 
 fi'om his paternal gi-a,ndfa,the]-, Isaiah Thomas, 
 oneof thehest knfiwn |irintersin Massachusetts 
 in his dav. 
 
 BEX.IAMIX t^CWKlJX THO.MAS. 
 LL.H., W'oiei-tei' and liostnii, a— o(aate 
 justiee of the Su|irelili- -ludieial ('oillt of Massa- 
 
 (diusett- fi'iiin Is.");; to 1 s,">!;). wa- hoi'ii in Boston 
 
 KENJAMJN I . I HU.M.\b. 
 
 Ml', ddiomas was graduated h-om Hi'own with 
 hi-h honor- in l.s;!(i. and immeijiatel \- after- 
 ward took up the -tui|\- of law ill W'oreester, 
 wdii.ae he wa< admilted to the har in 1 s:;4. and 
 
 wdieiv hi.- hei;an aetis'e pl'ac-tiee. In Isdjljie 
 
 1-epieseiited Worcester in the (iem-jal Coui-t, 
 and from l,s44 to 1 ,s4.s he was judge of pl-ohate 
 to]' Wol'ceste]- eoinitw hoiliian\- Veal's he was 
 a reeO.LiUized leade]' of 1 1 le Wo]ve-ti.M' ha 1\ wdlCl'e 
 hi- aliility. i'oU]tesy, a]id he] ie\-(ileni-e won fui- 
 
BIO GK. I PHICA L . —M. I SS. I CH I SB T TS. 
 
 43 
 
 liini a liost of friends. ()ii Jamiary "is, Is");!, 
 lie was uppciinled to siutcimI .huli;t' Richanl 
 Kk'tt-lior, rrsioned, as assoriatc justici' of tlic 
 Supremo Judieial I'ourt of ^Massaeliusctts, w Inch 
 [)osition he filled for nearly six years, ii'sis^iiini;' 
 January 1, iS.llt. lie then removed to Boston 
 and resumed the praetiee of his jirofession. In 
 1S(;1 he l)et-ame a memherof eon^ri'ss, wdiei'e 
 he served a term of two years with distinction 
 and hon(.)r. hi iSdS ( iovernor ISullocl^ nom- 
 inated him chief justice of tlie SupreiiU' Judicial 
 < 'ourt, hut the nomination failed to he con- 
 Krmed hy the (Council. He received the de,i;ree 
 of LL.D. from ISrown I'niversity in fSo;; aiid 
 a similar det^ree from Harvard in lSo4, and 
 died at his summer home in Bex'erly, ^Nlass., 
 Septeml)er "27, 1S7.S. 
 
 Jud^e Thomas was fur many years one of 
 the ahlest and hest known lawyei's in central 
 and eastem Massachusetts. Next to(;overnoi- 
 W'ashhurn he attained the lart^'cst pi-actice at. 
 the Woi'ct'ster liar, and later he hecame a leader 
 of the liar of Boston. He was a man (if exti'a- 
 ordinary intellectual ahility, cliai'itahly henev- 
 olent, kiml and sympathetic, a wise counselor, 
 a great and tJoijuent aih'ocate, a |iatriotic cit- 
 izen, and a firm friend. As a jurist he was 
 dij^iiified and im[iartial, dis[ilaying excellent 
 judgment, a profound kno\\de,m' of the law, and 
 rare diserinnnation lietween ri^ht and wroiii;'. 
 To the voun,i;ei' memhers of the har his un- 
 failin,^ courtesy. Ins t^'cnerous advice, and his 
 svmjiathetic laJp wereap[ireciated and admired. 
 I le was a L;dod L;rami]iaiia)i, a scholai' of vai'icd 
 attainments, and a ci'itic of ^enei'al literature. 
 He was an ardent student of the liistoi-y of con- 
 stitutional la w and of 1 lie I'aiiilish am LVmei-ican 
 L;d\"ernments. At one time lie was jiresiilcnt 
 of the Boston JSar Association. 
 
 CHA1;L1-:S ALBKX. I'xiston, associate Jus- 
 tice of the Supi'cnie Judieial ( 'ourt, is the 
 son of Svl\'estei- and Harriet (liijiley) Allen, 
 and was horn in ( h'cenHelil, Franklin <-ounly, 
 Mass., April 17, 1Sl>7. He was uraduate(l 
 
 from llai'vai'd ('ollenc in 1S47, read law in his 
 nati\'e town with ( ieor^e T. |)a\'isaud (diaries 
 l)e\eiis, jr., and al the llai\ard Law S{diool, 
 and wasadmitlc(| to the har at Xoithanijiton 
 on Sepleiiiher .'!(), ISoO. He then fo|-iiie(l a co- 
 partnershiji with ( (e(ii'!j,c T. l)a\us, wdiicli con- 
 tinued until -lanuai-y, Isdil, l)avid Aiken hein<i 
 a iiKMuhcr of the lii'iii tVoiii 1 )eceiilhei', iJSol, to 
 l)ecemh(a\ BSoo. .Ml'. Allen remo\'ed to Bos- 
 ton in lS(;-_!, and h'oui that time until 1 Sli.") he 
 was a pai'tncr of .hmies ( '. |)a\'is. 
 
 ;1IAKLE> ALLI'.N. 
 
 Jn the practice of his profession Mi'. Allen 
 aidiicN'cil a liii^h rank at the har, and was re- 
 i;a)'dcd ,as <jne ot the ahlest law\'ei's in his 
 district. His kno\\dedi;c of law is hroad and 
 compi'(Jiensi\'e. l''i'om .January, 1 <S(1 1 , lo Ajiril, 
 l.S(i7, he was I'cpoi-tci' of decisions of the Suprt'ine 
 ■fudicial ('ourt, and his i-c|i(ii1s ai'e contained 
 in foiii'teen \(ilumes. In .\pril, lS(i7, he l)e- 
 came att<H'ney-i_!,(aieral of the ( 'oiuuion wealth 
 of Massachusetls, which ollice he tilled wdth 
 ureal ci-edit and ahility uiilil .lanuars', 1.S72. 
 In lS7.'! he edite(l flic well known lej^al work 
 entitled Telei;i'aph ( 'ases. In I SSO he was 
 made chairnian ol I he commission to res'ise the 
 puhlic statutes of .Massachusetts, and in -hui- 
 uary, Iss-^, ( lo\'ernoi' Lonn' appointed him an 
 
44 
 
 THE lUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 nssuciaic justice of the Su|)IT'1ii(.' .luiliciii I ( 'ourt, 
 ill wiiicli caparity \\v sci'\'(.'il witli iliniiity, 
 hiiiioi', and satist'act imi, n'siL;iiiii,u' in August, 
 iSShS. Ilisju(l,Liniciitslir^iii ill \'(.l. ]:V1. Mass. 
 Re})Oi-ts. Juilm' Alien lias ncNcr marricil. 
 
 TOIIX DAN'IS LOXd, LI,.!)., Hostun, now 
 ?J (ISiJS) seci-ctarv of tlie iia\-y (if tlic I'liitcil 
 States, is tlie son of Zadne and -hilia Teiiiiile 
 (I)avis) Ldiiii', and was lioi-ii in iiuekfielil, .Me.. 
 ( )ctobt'r '11, IS.'SS. [!(_• is deseende(l fVoiii did 
 Pilgrim stock, "riiomas (,'lark, wlio came to 
 riymoutli in the slii|) Ann in 1(12.'!, and .lolni 
 ('lini-cliill, who arrive(| at I'lyiiioutli in 1(14-'!. 
 heiiig amonn' his aiieestoi's. His father was a 
 leadiiii;' (dti/.cii of ISncklield and in iS-'isthe 
 Wddg candidate for ( 'ongress in his district. 
 His mother was a relatix'e of .loliii I)a\ds, l;o\-- 
 criior f)f Ma.ssachusetts in I .s;;4-;l-") and 1S41 — I-'!. 
 
 Mr. Long early exdiihited a lo\-e for hook-s 
 and studious liahits and like most New I'aig- 
 land hoys was given o]i|)oi'tunil \" to lay a wise 
 educational foundation in the piihlic schools. 
 He fitteil foi' college at the llehron Academy 
 in his native State, (altered Har\'ard, and was 
 graduated thereh'oin in hs")7, standiiiL: second 
 ill his class in the s(aiior \'eai'. Hi-^ |ioelical 
 fa(ailty found (.'arly e.\|ii'ession, and lie wrote 
 the ode for (dass day. His (|et(a-m i nation to 
 a(lo])t the profession of law as his life work was 
 already lixeil. hut [)re]iaratory to his studies he 
 s(a-\-ed two ycai's as |iriuci|)al of the acad(aiiy 
 at W'estford, Mass., at the (dose of which time 
 he (aitere(l HarNard Law School. He left this 
 institution to hec()ii)e a student in the law of- 
 fice of Sidney Lartlett in liostou and there 
 coilllile1e(l his ] ii'c] la ratory studies. 
 
 Li ISIII he was admittc(| to the Siillolk liar, 
 hut Ojicaied a law office in his uati\c town of 
 llucklield. Mv. The confinement of his rccog- 
 iii/,e(l high natural and ae(|uire(| (|ual ilicaf ions 
 to that rcstricte(l |irofessional held was im|ios- 
 sihle, and in the fill of lX(i2 he returne(l to 
 Boston. After passinL; a slioi-t ]ien(Hl in the 
 ofllees of I'eleg W. ( 'ha iidlia- a nd W'oodhurN' (.V: 
 Aiidros, he (ait(a-ei| into a cop.ai'tina'shi]! with 
 
 Stillman IS. AINai. This lirm was a strong 
 one, and until Issd comman(le(l a large and 
 constantly increasing (dientage. Li the ex- 
 teiisi\c giaieial practice of the firm Mr. Long 
 took an acti\'e ]iai't, his industry, and his pro- 
 fessional talentsgradually carrying him towards 
 the h-ont of the Massachusetts liar. 
 
 .Mr. Long became actively interested in [lol- 
 itics at an early age, a fiehl of (ai(lea\'or for 
 \\dii(di he was pe(ailiarly adapted. His first 
 important political speech was made during 
 the memorable LiiiC(.ilii campaign of ISdO in 
 ISuekfield in fa\(ir of the Lepuhlicaii cause. 
 In the next year, and soon atfer his settlement 
 in l)U(Lliel(l as a lawyia-. he recci\'e(l the \{v- 
 puhlican nomination lor the fvcgislature and 
 was dcfeate(l. .\fter his return to ISoston the 
 ahso riling duties of his [irofession and his loyalt)' 
 
 JOHN e. LONG. 
 
 to the int(a'ests ot the lirm of wdiicli he was a 
 memher ke|it him out of acti\'e co-(i[ieratioii in 
 political cauijiaigns until 1S71-72, wlicai he 
 es]ioused the cause of Horace ( ircelcN' in his 
 unfortunate as| lirations for the presi(|(aicv of 
 the l'nite(| States, uiid(a- t he I )(aiioeral ie hau- 
 lier, and was nominated by that |iarty as rep- 
 resiaitative to the lower li(ius(.' of the .Massa- 
 (diusetts Lcgislalui'c from Ilingham, wliiax" he 
 had taken u[i hi- residence in Isiiil. 
 
BIOi^RA FHICAL.—Ar.lSSA CI f USE TTS. 
 
 45 
 
 ]li 1 S74 lie was rlinscli rr[il'cs('llt;lti\"(' l)\- the 
 iu']>ul)li(_"ins oC till' Sccdiid l;('|iii'stMila(i\(' dis- 
 trict of I'lyniiiutli rouiitw enlist itiltrd of the 
 towns of Jliimhaiii and llull. Ai;ainiii Isy.!, 
 isyi; and 1S77 he was rc-tdcctiMl and in tlmsc 
 ycai's was spcalvtM- of the Ilonsr. in tluit 
 eaiiacity lie fonnd ani|ili' o|)jioitiinit\' to dis- 
 \A-d\ his adniii-ahle traits of rharactcr, his nn- 
 failinjj,' calmness and Hrniness under (anei-!^cnev, 
 ami his usual eourtt'sy towards all with whom 
 he eame in immediate eontaet, whitdi aiv the 
 hases of his ^reat iiopularitw In 1S77 and 
 1.S7S he was the candidate foi' the l;e|)uhlican 
 ^uhernatorial nomination. In ( he con\-(aition 
 of the Hrst of those years he was defi'aleil hy 
 Alexander II. Uice. w ho had sei'\ed two \'ears. 
 while in the latter ycai- he withdi'ew his name 
 and was ^iveii tln' nomination foi- 1 iiadenant- 
 HOX'ernor. with Thomas Talhot at the head of 
 the ticket. In the following \-i'ai- (lS7!t) he 
 recei\'ed the nomination foi' L;o\'ei'noi' and \tx 
 two I'cnominat ions (hy acidamation and i-e- 
 elcctioii) sei-\-ed thi-cc ycai's ( 1 SSd to iSSii in^ 
 clusi\'i') in the hi,L;h oHicc, in accordance with 
 usa^c in ^Massachusetts. In 1S7!) th(a'e wci'c 
 four candidates in the fi<dil. two democrats 
 (Ileiijamin l'\ Hutlci' and .lolin '^)uinc\' Adams) 
 and the candidate of tlie I 'I'ohihit ion pai'ty, 
 Ue\-. I), ('. Eddv. The vote was 1-_:l'.7o1. for 
 .Air. Lon-; inil.ld;) loi- Mr. ISullei': D.ilS!) tor 
 .Mr. Adams, and l.dd-". loi-Mr. Ivldv. In l.ssd 
 and iNSl the o|i|i0siiiL; candidate was('harles 
 P. Thonipson. a popuhii' ])emoci'at. In the 
 Hrst of those years .Mi-. Lonu's |)luralil\' was 
 (i.S,;;l 7. ami in the lattci' year oIkSlM. 
 
 Ml-. Lon,n-"s ^iihernatoi-ia I (-a reer wasemineiit- 
 1\- creilitahleand honorahle. I lis hilly mat iire<| 
 pOWe|-s W-ere hrmiulit to lieai-on all i|Uest ions of 
 puhlii- |ioli(-\- as related to the welta|-c ol the 
 C'omnion wealt h, niarkiiiL;- his administ rat ion 
 as one which his friends as w-ell as himself 
 could |-e\-iew with entii-e satisfa(-t ion. 
 
 Ret iriiie- from this oil ii-e, ( ;o\-eriioi- Loni^ was 
 elected to the Forty-cinhth. l''oi-ty-iiint h and 
 Fiftieth ( 'oiiL;|-esses as |-c]iresciitati \'e of the 
 Sei-oliil (listri<-l. Jn that lc^islati\-e ho(|y he 
 iiromnf h' tC)ok and ]iermaiientl\- held a leadini; 
 
 |iositioii, ^aiiiini; the coiilideiK-e and ^ood-will 
 of not only the Kepuhlic-an menihers, hut of 
 maii\- ol those of I he o|i|iosite part \'. 
 
 In the formation of his cahinct in .March, 
 IS!»7, I'resident .McKiiilcy honored ( io\-ei-nor 
 Lonu' with the portfolio of the na\-y, in wlii(-h 
 position he is at the present |-ecei\-inL;- eenci'al 
 commendation I'rom all parts of the com dry for 
 liis (-onsei-\-ati\-e and jiiili(-ioiis (-oiirse under e.\- 
 ceptionally trying (-ir(-uiiistan(-es. 
 
 His aide and eneri;cli(- manancnieiit of the 
 iia\-y department during;- the war with Spain 
 in |S!)S has prohal.dy iic\-er hcen paralleled in 
 the history of this c(nniti-y. Throiie'h its hril- 
 liant a(-hie\-cmcnts at Manilla and amoiii; the 
 \Vest I 111 lies if suddiaily iumpt.'d tVom a se\-eiit h 
 111' eiiilit h to a lourtli rate power amon;j,- the 
 na\-ies of the w-<irld and won for its otlii-ers 
 ever la si in^ elury. The su(-i-ess was lar^'ely due 
 to Sei-retai-y Lon<j,''s e.\ecuti\-e manac-cmeiit as 
 well as to hi-s foresiuht and jirompt action, and 
 in the disi-har^c of these duties he has won for 
 hinisellan international reputation. 
 
 ISel ween the date of his i-ctiriaiicnt from ( 'on- 
 ^ress and his appointment to his present posi- 
 tion Mr. Loiu;- resumed the ])rai-tici' of law- in 
 linston in husiness association with Stillman 
 r>. Allen and Alfred Ilemei i w-a \'. the lirm st\-le 
 hcinu Allen, Loiil; A Ilemeiiway. Mr. Allen 
 retired in f Si).'l and the lirm adopted its present 
 t itle of Lori^;- A' I lemen way. 
 
 Mr. hong ])osscsses (-.-irchilly (-ultured literar\- 
 taste and ahility in that direc-tion of a high 
 order. His unceasing acti\'ity in professional 
 and political life, howe\'(a-, has pre\-(aitcd him 
 thus far from gratifying his inclinat ions for lit- 
 erui-y lahor. A t ranslatioii of A'irgil's "/iMieid " 
 hy him, puhlished in ls71l. is said hy i-ritii-s to 
 pi-e.--ei-\-e the spirit of the original and to jiosscss 
 strong poetii- teiding. His inaugural addresses 
 w-erc lilerarv m.-islerpiei-cs, and ,'is an oj-ator on 
 a wide range ol topi(-s he has acliic\-ed an emi- 
 iiiait reputation. In l.SSi! he del i ver<Ml hy ap- 
 poiiitmeiil theaniiu.-il I'^iurthof July oration 
 hefoi-c the muiiii-ipal authorities ol Hoston. 
 Aftei- this came his great whisky hill speech in 
 < 'ongrcss, his ta iiious speei-h nominating Sen- 
 
4G 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 ator Jvliiinnils fur president at tlii' Natiimal 
 I\e}iulilieaii ( 'diivi'iitioii at ('liicaj^'o in 1.S.S4, 
 ami varii)Us otlici' speecfics of almost oi|iial iiii- 
 [xnlaiice. In 1 SSO lie receis't'd fVoiii llai'Niinl 
 CVillc^e, as gdvenior of the ( 'oiniiKiiiwcaltli, 
 the liniioiarv (l('L,n'ce of Uj.D., ami in May, 
 1X87, he was elected ])resideiit of the l'ilj;i-iii) 
 Society. 
 
 Ml. Loiii;' has hecn twice niai'ried ; tlist, on 
 Septcnihei' 1 ;i, lS7<), to Mary W., daunhtei- of 
 ( <eoi',i:e S. ( (lover, of Ilin^liani, .Mass., and 
 second, on May 'li, issi;, to Allies, daughter 
 of i;e\'. -loseph D. I'ieice. I Ic has tlircc cjiil- 
 (Iren and resides in llintrliani. 
 
 GKOlMiE I'AKTUIlXil': SAN(;i-:i!, of 
 Boston, was of Ennlisli descent, hcini;' in 
 the seventh generation from Richard Sanger, 
 who came from Hingham, England, to Iling- 
 hani, Mass., in IG-'iii, and died in IfiOl. Kicli- 
 ard Sanger, son <if tins Kicjiard, settled in 
 Sudhury as a hlacksniith in l(14(i, I'emoved to 
 \\^atertown in ItUit, and died there in 1(191. 
 His son Jiichard, also a hlacksniith, lo(;ated in 
 Sherhorn. Richard Sanger, these\-enlli child 
 of the last named Richard, was a mercliant in 
 Shciliorn ami Boston, and died in 1 T.sii. llis 
 son, Zedekiah Sanger, horn in Sherhorn in 
 1 74S, was graihiat(.'d fi'oni llai'\'ard in 1771, 
 and was a ministei' in |)uxhiny' from 1 774 to 
 17X.S and in South Bi'idgewatcr h'oni 1 7.S.S 
 until his death in 1 Si:!0. He wasa distinguislied 
 classical scholar and teacher, and i-ecei\'ed llie 
 degi-eeof I). 1). h-om Ih-own I'lns-crsity in 1 s()7. 
 He married, in Du.xhury, Irene I'^reeman, ami 
 had fifteen ehildi-en, of w horn si.\ sons and li\'e 
 danghtei's grew to matni'ity. JIalpli Saiigei', 
 one of the sons, was liorn in l)u.\hin'y. Mass., 
 .lune 'I'l. 17'S(), was gi-aduated fi'om IIai'\'ai-d 
 rniversit\' in 1 sOS, stmlieil di\-inily, and was 
 for one \-ear tutoi' of mat hematics at hi~aliiia 
 niatci'. He was pastor of the church in r)o\-er, 
 .Ma--., ti-om is]:', until his death, wdiidi ih;- 
 (aii'i'eil in ( 'ami iridic I ■ on .\hiy li. 1 S(iO. In 1 ,s j 7 
 he married ('liarlolle, dau^htei- of E/.ia Kuil:- 
 
 man, of East Bridgewater, !\hiss., who died 
 l)ecemlier 1, Iss], aged eighty-nine. I>r. 
 Sanger was for several yeai's a meinhcr of tlie 
 ^lassaehusetts IjCgislature, hecame cha[>lain of 
 (he State Senate in 1 .S.'JS, taught a [iri\'ati,> school 
 in his [lai'ish, and attended, after his gi-aduation, 
 all t he conniK.aicements at 1 larxard, from wdiich 
 he re<.-ei\'ed the desiree of I). I), in ls.'i7. 
 
 f'.EDRia-', I'. SANGER. 
 
 ( Icoi-gc l'artiidg(.' Sangei'. the second son and 
 child of Rc\-. Ralph Sanger, I). 1)., and ('har- 
 lotte Kingman. Ins wife, was hoi-n in I'o\-ei-, 
 Xoit'olk eounly. .Mass., N<i\'emher -!7, 1 Hit), and 
 was named aftei' his uncle, ( leori:;<' I'ai'tridgc', 
 who was hoi-n in 1 74j! and die(! in 1 S] ,S. That 
 uncle was gi'aduateil h'om llar\"ard in 17(1:2, 
 sei'X'eil as sheriff of I'lyiiioiil h couiitv. and was 
 a meirihei'of congre.s,^ fi'oni the l'l\'moulh dis- 
 ti-iet in 17s'.t-l»l. .Mr. Sanuer litteil for college 
 undei' his fathei- and al the Ih'idge water Acad- 
 em\^ nndei'l)!'. W'ashhuin in 1 s;;;J and .lohn 
 Angiei- Shaw in 1 s:',4. Ih' taught a wintei- 
 school in the west dist net of 1 )0\'ei- i li 1 S.'M and 
 in S|iai'(]n. .Mass.. in Is:;.") and in 1 s:!(; ent.-red 
 llar\-ard Tiii \-ei'sily, li-om which he was gi'ad- 
 u.ateil in ls4(). Eioni Xo\-(aiihei'. 1 ^4(1. to.lnl\-, 
 1 S4-!. he taught a piaxate school in I'oitsmontli, 
 N. 11.. a 11(1 in the la ltd' year was appointeil 
 
/;/( 1 GRA PHIL 'A L . ~MA SSA CII I 'SE T TS. 
 
 47 
 
 pnn-tor at IIar\-ar(l, \\-lieix' ho also (_'ntiTcil the 
 Harvard (Dane) Law ScIkmiI, receiving (lie 
 (li'Hri'cs ofLL.I!. and A. M, in course. Hu \\w 
 death of Uohei't ISartlett in the sju'lni; of 1 S4.') 
 he lieeanie tut<ir in Latin and sei'N'ed as such 
 until the sunnner of L'<4(). Afterward he was 
 tor se\'eral years a lueniherof the eomniittee fir 
 examination of under^raduati's in Latin. 
 
 W\. Sanger \\'as aih;iitted to the hai' in l><is- 
 tnn in the spring of Ls4(), and the same year 
 formed a enpartnership with his elassjuate in 
 the law seh(i(il, Ste[)hen IL l'hilli[)s. of Salem, 
 for tlie practice of his profession. Li ls-lit he 
 hecanie assistant to LL:in. ( ieor^'c Lunt, Lnited 
 States attorney for the district of Massachusetts 
 during the "raylor-Lillmore adnninsti'atiou, 
 and later he resumed the general [iracticcof 
 la\\'. mostl\" in the admiralty. ( io\'ei'nor ( 'lif- 
 ford appiiiided him on Ids ndlitai'v statf in 
 ■lanuary. L'^-l-'l, ami in the following (.)ctoher he 
 hecame ilistri<-t attorney for the Suffolk district. 
 This latter ajipointnient causc(l him to reiuoxe 
 from ( 'liai'lestown to I'xiston, wdiere lie i-eside(l 
 until LS(i7, wdien he nio\'ed to <'aml)ridge. 
 While in ('harlestown he was acti\'caiid iu- 
 lluential in the inauguration ot the new city 
 L;()\'erinrient and sei'Ved two \-i'ars ea(di on the 
 Schoid ('ommittee and Hoard cif Aldeiinen. 
 He also took a deej) interest in the State militia, 
 lieing the fii'st captain (jf the < 'Imi-f'stowii ('it\- 
 ( iuards. oni.' of the most noted luilitai'v oi'gani- 
 zations in tin- < 'ounnonwealt h. Li ls.V;-.")4 
 he commanded the Ancient and I loiioi-al ilc 
 Artillery ('oiupany of Massaidnisetts. 
 
 He was disti'ict attoiJiey foi' Suffolk county 
 h-iun ()cti'ilier. Ls.'j.'!, until the sununei' of \>^'A. 
 wdien ( io\'. Laiioi'v W'ashhni-n a]ipoiuted hiiu a 
 judge of the ( 'ourt of ('oiiniion Picas, \\dd(di 
 position he Idled with ahility and lionoi' indil 
 that coui't was aholished in L^ol). Ilc then 
 resumed the pi'a(;tice of la w in lloston. .ludge 
 .Smi^er succeeded .Mj'. ( 'ooli'V in LS(il, hy ap- 
 poiidment, as di.sti'ict attoi'iiev for Sulfolk 
 connt\', and was elected that fdl foi- I lie re- 
 mainder of the term of thi'cc \-cars, and was 
 re-elected in Ist;;; and again in lS(;(i. and de- 
 <dinc'd a not 1 1 el' elect ion in ]s(i!). In this ca| lacity 
 
 lie ai4iie\'ed the highest distinction, and added 
 greatly to his a li'cady ret-ogni/,cd prominence 
 at the liar. He was a iiiemhei' of the lioslon 
 Lommon ('ouiual in iSlid, jn'csident of the 
 •lolin Hancock Mutual jjife Lisin'ance (Jonipany 
 from its organizat ion uidil LST.'S, and a mem- 
 hei' of the lowei' house of the Legislature fi'om 
 the Se\aaitli Middlesex disti'ict ill LST-'J. In 
 •Inne of that year he was appointed hy I'ih'S- 
 iikail (irant I'nileil States atlnrney for the 
 district of Massa(diusetts, and was reappointed 
 hy l'|-esident Hayes in Ls77 ;ind hy I'rcsideiit 
 Arthurin LSSl!. At the expiration of his term 
 of s(M'\-ice underthe last appointment, in April, 
 ISSt;, he resumed the general practice of law 
 in lloston, hut in a few months an att'ection of 
 the eyes, which had ])reviously trouhU'il him 
 somewdiat, hecame serious. He suhmitteil to 
 an opei'ation, wdiicli was highly successful, and 
 [lermitfed him to l)e actiyc in his professional 
 wiii-k again until a weakness of the heart de- 
 velojied. wdiicli made it necessary to give up 
 all work and latrr suhmit to medical treatment. 
 Iledieil at the residence of hissonin Swanip- 
 scott, Mass., .Inl\' ;!, LS9(), and was hurieil at 
 Mount .\uliurn. 
 
 Lrom the time hecame to the har in Ls4(i 
 .ludge Sanger spent much lalior in (//(^.s^'literarv 
 woik. He was editor of the "iVmeriean Alma- 
 nac and Repository of Lseful l\ nowdedge" from 
 Ishs I,, ISCII, eihtor of the '- Law Reporter" 
 duniii^ twodilfcnait periods, and e(litorof the 
 Statutes at Large of the riiitcd States tVom 
 Ls.l.") to 1 S7.'5, heing \ad nines 1 I to 17 inclusi\-e. 
 Ill IStiO he and .ludge \\'illiam A. Ri(diardsoii 
 were appointeil hy the Ijcgislai ure of Massa- 
 chusetts to prepare and supi'r\dse the puhlica- 
 tion of the (dencra 1 Statutes of that year. After- 
 ward, hy a resoU'c of the Legislat un.', they 
 were appointed commissioners to [ireparcand 
 puhlisli an annual sn[iplement to the (ieiKU'.al 
 Statutes, and they did this for I wenty-onc yea rs, 
 until the (feneral Statutes were superseiled hy 
 the I'uhlic Shitulesof Lss:2. 
 
 ■Iiidge .Sanger was an eminent lawyer, and 
 for many years was one of the leaders of the 
 I tost on har. 1 1 is ;il)ilit\' hetore a eourt and jnrw 
 
48 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 his ]ir(iti)nii(l kiio\\li'ilLr(.> (if tin.' hiw, his ^I'cut 
 t'di-ce of eljaraetcr. ami his iiuhjinitahlc imhisti'v 
 were iiiii\-(Tsally rccd^iii/.cil ami aihiiii'ed. lie 
 was a mail (if the Idftiest integrity and hdiKir, 
 and always iiiaiiifcstcil a deep iiitoi'cst in all 
 jmlilic affairs. 
 
 I)eceml>e:- 14, 1.S4(), he was mariied tn I'jliza- 
 heth Shei'hui'iic 'riidiiipsdii, oidy child of ('apt. 
 William \\'lii[iple and h^leaiKir Sla.Thunie 
 (I)lunt) Thompson, of l'oi-fsmouth, X. II. She 
 died in ( 'amhridi^c, .Mass.. .\piil 14. l.ssy. 
 They laid t1\'e sons, of wlaim Henry ('lift'di-d 
 Sannei', liorn in is.").!, died in infancy. The 
 othei's were all graduated fi'om llai'Nard I'ni- 
 X'crsity — .John White in 1 STO : William Th(im[i- 
 son in ISTl: ( ieorge I'artridi^c in 1 S74 : and 
 (dailies Udheit in IS.Sl. 
 
 FKAXChS CAI'.OT LOWF.LL. liostdii, 
 jil(l.i;e (if the I'nited States District < 'diirt 
 for ^lassachusetts. is the son (if ( ieoi'^e (lardiier 
 IjOwtdl and Mary l'>lleii Parker, and was hdrn 
 in Bostdii on the 7th of . January, l-s.")."). He is 
 :i ureat-great-^reat-grandson of \U\ . .hihii 
 Lowell, a graduate of Harvard in the (dass of 
 1721, whose son, .John Lowell, LL.H.. was the 
 first I'nited States district judge in Massa(diu- 
 setts hum 17s9 to Isd] and (diief justice df the 
 Lhiited States ('ircuit ( 'durt for this t-iieuit in 
 l.s(ll-2. His great-grandfathei-, Francis Cahot 
 Lowxdl, was one of the founders of cotton inan- 
 ufacturing in the InittMl States and was lion- 
 oi'ecl hy having his name gi\'en t<i the city of 
 I>o well, and his gi'andfather, alsd name(| Fi'ancis 
 ('ahot LoW(dl, was a manufacturer and the 
 actuary of the ^Nhissachusidts Ihispital Life In- 
 surance ('dmpaiiy. These and other inemhers 
 <if this distinguished family are ndticed more 
 fullv in the memoir of John Lowidl. LL.l)., 
 judgt' (if the Inited States Histrict ( Vairt h'din 
 LsCid td 187S and of the I'nited States Circuit 
 ( 'oui't h-orii 1<S7,S to iSSd. wdiich appeal's in 
 thi-^ wdik. ( leorge Gardner Low(dl was L;rad- 
 uated from Harvard l'ni\'ersity in 1 S.KI. 
 
 Francis < 'ahot Lowell w"asprepare(l for(;d||eM(, 
 
 in lidstdii at the private s(di(idl df (I. W. ('. 
 Xdhle. He was graduated with JKinor from 
 Harxai'd I 'ni\'ersit>- in 1S7(; and afterward 
 studied law two years at the Har\ard Law 
 Schdol. and c(intinuei| his legal studies in the 
 oHice df Charles 1'. (h-eenough. From 1«!S(I to 
 January 1, lss2, he was [)ri\-ate secretary td 
 ('hief -lustice Hiirace ( h'ay. He was admitted 
 td the Snffdik liar in .May, IS.SO, and at once 
 eiitere(| upon the acti\'e practice of his profes- 
 sion as a partner of A. Lawrence Low(dl. In 
 
 FRANCIS C. l.OWKLl.. 
 
 1.s;M the linn (if Ldwell iV' Lowell liecaine 
 Ldweil, Stiinsdii I.V: Ldwell hy the addition of 
 Frederick .1. Stinison. Li 1SH7 it was again 
 (dianged to LdW(dl. Stimsun iV: Stdcktdii. On 
 January HI. isil.s, Mr. L(iw(dl was appdinted 
 li\- i'residelit M(d\inley as judge nf the l'iiite(| 
 States District ( 'diirt thr Massachusetts, an ottice 
 whi(di one of his ancestors ami another of his 
 kinsmen ha(| Idled wirh hdiiorand distincticin. 
 It ma\' ahd he iidte I as a pe(/uliar coincidence 
 that not (inly was the lirst judge df this (/ourt 
 a LdWidI, liut that this — tla.- nineteenth — cent- 
 ury cdmnieiiceil and is cldsing with represeiit- 
 ati\-cs (if ih(- family, with three geiieratidiis 
 inter\-eniiig, on its IicikJi. 
 
 Judge LdWidk- pr.actice at the har was varied 
 
BIO GRA PI lie A L . —MA SSA CHUSE T TS. 
 
 49 
 
 iu cliaraeter, and not a littlo of liis tiuR' was 
 given to politics. He luis taken an aeti\'e in- 
 terest in i)ul)lie att'airs, tilling' several positions 
 with credit to himself and satisfaction to his 
 frienils. lie was a nieniher of the I'xiston 
 Common (.'ouncil in 1SS9, 1S!)(I, and lS!)l,an<l 
 a memljer of the iiouse of lie[)resentati\-es of 
 Massachusetts in 1S95, iSIMi, and 1S97, and 
 was re-elected for 1S9.S, hut resiti,iie<l in the first 
 week of tlie session on account of his appoint- 
 ment to the bench. In is;).! he served on the 
 judiciary committee, and in 1S9() and 1.S97 he 
 was chairman of the comnnttce on ways and 
 means. In politics he is a Republican. He 
 has also done considerahle literaiy work, Ixdng 
 the author of a "J^ife of .loan d'Arc" and of 
 se\'eral magazine articles which ha\'e com- 
 mandeil attention and reccix'cil favoral)le criti- 
 cism. In collalioratioii \A'ith A. Lawi'cnce 
 Lowell he wrote a \"alual)le legal work on the 
 '■ Transfer of Stock in l'ri\-ate ( 'orporations," 
 wdiich was puhlished in 1SS4. He is a fellow 
 of the corporation of llai'vard Tnivcrsity and 
 prominently connected with \-arious (diai-italilc 
 and otlier organizations. 
 
 Judge Lowell was mai'ricil iu XoN'cmher, 
 l,s,s2, to Cornelia Prime Baylies, daughter of 
 Edmund Lincoln Baylies, late of New York 
 and of Taunton, ^fass. 
 
 islaturc and for twenty years as town clerk, 
 hesides holding otlier olticesof tmst and honoi'. 
 As a result of the religious coutnjversies which 
 agitated tlie infant colony of ('onnecticut he 
 remo\'ed from Wetherslield in KioS to a, point 
 aliout forty miles u|) the i'i\'er and was one of 
 the [)rincipal founders of ILidley, Mass. There 
 he laiil out the hroad sti'cet, twenty rods wide 
 and a mile long, tliat has hecome so famous, 
 and which lias l_ieen admiri'il hv i-esidents and 
 
 JI. !•■ JJICKI.\SilN, JK. 
 
 MAK<>»riS FAVET'i'L DICKINSON, 
 Boston, son of ('a[it. Marijuis Fayette 
 anil Hannah Shi/panl ( ^\'illianls) iJickiuson, 
 was horn in Amherst, Mass., .lanuary Ki, 1 .S4n. 
 His hrst American ancestor, Deacon Nathaniel 
 Ihckinson, (;ame from the catheili-al town of 
 Klv, near (Jarnliridge, England, and wasamoiig 
 the earliest colonists of Massachusetts. I )eacoii 
 Dickinson hrst settled in \\'aterto\\'ii, hut a 
 little later joined the hand of Coiniectiiait ail- 
 venturers, and hecame one of the original jno 
 prietors of Wetherslield, as is shown hy the 
 location of his house lot on the first map of that 
 town. He \\'as a prominent and influential 
 citizen there, sei'ving as a member of the Leg- 
 
 visitors for eight generations. \\\ bis new 
 b(jme also he was prominent both in church 
 and state affairs. He died at an adx'anced age 
 in 1 ()7(), during the excitianent of King i'hilip's 
 war, in which LLidley was the heaihpiarters of 
 the army of defense. Two of bis sons were 
 killed in that struggle, to one of whom, .losi-jih, 
 who fell with ( 'aptain Beers, a monument has 
 been ei-ected in Nortlilield. Tbeotbei-, Azariah, 
 was killed in what is known as the " Swani]) 
 Eight." 
 
 Lieut. Nebemiab Di<'kinson, one of the sons 
 of I)eacon Nathaniel and the ancestoi' of Mar- 
 quis E., was acti\a' in the linlian wars and 
 dieil at the age of se\enty-nine, in 1 7'2.''>, at 
 Hadley, wliei'e bis gi'a\-estone iiniy still he st'cn 
 in the (dd bui'ial gi-ound. His son, 1 )ea(.'on Sam- 
 
50 THE JCDfCI.lRY AXD THE BAR OF NEW EKGEAND. 
 
 lU'l Dickinson, ivmovcil to Sliuti'shurv, ^Fass., ettc Dicl^insoii, tlii' suhjcct of this skctcli, iu- 
 sonu' tWL'lve iiiili-s to the eastward, and died lierited not oidy a stron,i; and vi.i^orous eon- 
 tliei'e, lea\'inL; four sons, who, alicait 174"2, were stitution, hut rare intelli'etual powers ami jj;reat 
 amon,<;' tlie original settlers of Amherst, then force of eliaraeter. W'liile a hoy he manifested 
 known as the lirst precinct of the tireut town of those qualities which make the successful man. 
 Iladlev. Nathanitd Dickinson, one of these After attendinjj,' tlu' ]iul)lie schools, and Ani- 
 four sons, settled (in 1742) on the farm which herst and Monson Academies, he entered ^A^illis- 
 has e\'er since remained in the family, and on \m\ Seminarv at Elasthampton, from wdueh he 
 wduch the suliject of tills sketch was hrouj^ht up. w"as L;raduated in IS.IS. He then entei'ed 
 He also was ]ir<iiiiiiient in town afl'airs. Airdun'st ('olleue and was urailuated with 
 His son, Natliani(d Dickinson, esi]., popularly highest honors in 1S()2, haN'ini;' j;i\'en special 
 known as "S(|uii-c Xat," horn Sejitemher 1, attention to the stud\- of history, Fintilish lit- 
 17")(>, was a note(l character in his day. He erature and the cdassics. Durini;- the iLext 
 wasthe first hoy that e\Ha' went to collei!,e from three \'ears he was a teacher of the classics in 
 the town of .Vndierst, and was graduated from '\Villist<in Seminary. But his tastes ami in- 
 Har\'ard in 1771. He was indentured to read cliuations weie for the law, and resinning his 
 law with the celehrateil Major .loseph Haw ley, position he entereil upon his le^al studies in 
 of Northam])tou, and pi'acticed his profession the oltice of thi' late .ludi;c .lohn Wells and 
 in Andiei'st with marked success. He was a .ludge Au;j,ustus Lord .Soule. at Springfield. 
 leafier in town alfairs, always holding' prom- He studied afterwards at the Hai'\'ard Law 
 inent official positions thert', and was widely ScIkhiI and with Hon. ( leoi'i^'c S. llillard of 
 known as tludocal manistrate foi' eastern Hamp- Boston, and was ailmitted to the Suffolk har 
 shire. lie was chairman of the "Committee in l!S(),S. Sinci' thiMi he has heeii acti\'ely en- 
 of ('oi'respon<len(.'e " for the town of Amherst ,i!,'af.;ed in the practice of his pi'ofession in Bos- 
 durini;- the Ke\'(dutionai'y war, and re])resented ton. Soon after his admission he hecame as- 
 that town in the lirst au<l second I'rox'incial sistant Liuted States attoi'ney under ^Ir. Hill- 
 (_'on,Li;resses in 1774and 1 77"), as well as in that ai'd, and in 1S71, aftei' tilliiii;- that position 
 of 177S. lie died Xo\'cmln'r 10, 1 .S()2, lea\'ing three years, he formed a copartnei'ship with 
 an only son, Walter Dickinson, who died in Mi-. Hillard and the late Henry D. Hyile, undei' 
 1851. the firm name of Hillard, LI\-de iV: Dickinson. 
 CJapt. .Mai-<|uis FaN'ette Dickinson, son (if I'pon Ml'. Hillai'd's death in 1 S7;» the firm 
 \\'alter, was hoiai .January 4, IS] 4. and is still hecann' Hyilc. Dickinson A' Howe, which con- 
 living (in .lul\', 1 S!)9) on t 1k' ancesti'al estate in tinueil until the death of Mr. Hyde in A])ril, 
 Amln'rst. He has heen acti\'e and influential 1.S97. 
 
 ill local alfairs, he im; pionnnent in the militia. Mr. I>iekinsnn has (n-cupied a leading place 
 
 and serN'iiii;' i'epeate(lly as selectman, assessor, at the har almost fr<im the Iteniiininii' of his 
 
 overseei' of tlu' [looi'. etc. He married Han- jirofessional career. llis ahilities as a ciiun- 
 
 iiah Shepai'd Williams, of Shuteshury, horn in seloi' and aiU'ocate. his energy and wonderful 
 
 1<SL7, dauL^htcr of Asa Williams, wdio st'r\"ed foi'ce of i/haraetei-, his rare i;' 1 judgment, and 
 
 for three yeai's in the (Amtinental army under his ready grasp of legal technicalities ai'c 
 
 \\'ashington. pai't icipatiug in the capture of widely recogni/.ed and adnnreil, and he is eon- 
 
 the Hessians at 'J'nailon and in \'ai'ious en- ceded to he one of the ahlesi and foremost 
 
 gagements in New .lei-s<'y and eastern I'enn- memhcrsof th<' lioston har. 1 le is es[HMMallv 
 
 syh'aina. Mi-s. Dickinson also is still li\-ing, strong as a court and jui'y lawyer. Hisspe- 
 
 oiH' of the \'ery few childi'cii of Re\'olutioiiarv cialty has heen in the line of common law as- 
 
 soldiers still snr\'i\'ing in .Massachusetts. signments, hanlcruptcy, and insohencv. and 
 
 From these woi'thy ancestors Marquis Fay- during the last tiai yt'ars lu' has heen pvcmi- 
 
BIOGRA PHICA L~-MA SSA CHU SETTS. 
 
 51 
 
 iiR'iitly ln't'oro the courts in the trial of tort 
 cases, ]iartieulai-ly foi' the West Va\A Street 
 l»ail\\-ay ( 'oni}(anY and its sueeessor, the Boston 
 Kle\'ute(l Kaihvay ('ornjianv. I le is possesses I 
 of a reiiiarkahly aeeurate and ivttaitix'e mem- 
 ory, a ready command of tlie Ent;'lish hini;ua,t^-e 
 and the po\\'er to digest and present facts in a 
 most pleasing- and com])reliensiv(.' mainici'. 
 riiese characteristics also make him antdocpient 
 ami forceful orator. He has always lieeii a 
 Uepuhlican in [lolitics and in his younger days 
 took an acti\"e and prominent part in puhlic 
 attiiirs. 
 
 In fSTl and 1S72 he was a memhei' of the 
 lioston ('ommon Council, ser\dng as })resident 
 of that hody in the latter year. He has also 
 heen a trustee of the lioston I'uhlic Lilji'ary 
 and a niemher of the lioston School Comnnttee. 
 He is one of the o\'erseers of the Chai'ity Fund 
 iif Amherst College, ]iresident of tin' hoard of 
 trusteesof Williston Seininary, and is officially 
 coiniected wdth tin' managt'ment of several im- 
 poi'tant inanufacturing cor[)orations, heing 
 president of the Whitcomh Eiu'elope ('ompany, 
 of A\'orcester, and of the Xashawannuck Man- 
 facturing Com])any, of Kasthamjiton, Mass., 
 the latter one of the largest suspemler pro- 
 ducing conceiTis in the world. He has heen a 
 memlier of the Sunnuer Street Fire (ommis- 
 sion since its organization jast after the great 
 lioston tire of l<S7l^. I'or se\-ei'al years Mi'. 
 Dickinson (Udi\-ered a coui'se of lectui'cs at the 
 Massachusetts Agri(adtural ( 'ollege at Amherst, 
 his topic heing " Law as api)lied to IiUi'al Af- 
 faii's." As a puhlic speakei' and oi-atoi' he has 
 delix'ered a nund)er of addi'csses hefoi'c agri- 
 cultural faii-s, Memoi'ial Hay gathei'ings, leg- 
 islati\'e committees, etc. An addi'css hetore 
 the rjCgislatui'e entitled "Legislation on the 
 Hfiui's of Lal)0i'," anothei' "A t'eidemnal Ad- 
 di'css," at Ajiih(.'rst, ^lass., in LS7(), and a thii'd 
 at the deilication of the " -Foshua Hyde Lihi'ai-y" 
 at Sturhridge in liS97, are among his many 
 notalile eflVjrts. As a citizen he worthily rc])- 
 resents those [O-inciples of freedom and pi'ogi'css 
 wdiich so signalh' distiii!j,uish(,M| his ancestoi's. 
 
 and wdiich haw won for him a most honoruMe 
 place in the I'anks of the leading UKai of to-day. 
 
 Xo\'end)ei' 1^.'!, 1 .S(i4, Ml'. Dickinson was 
 married at Ivisf hampton, Mass., to('ecilia IMsk 
 A\dlliston, foster daughter of the late Hon. 
 Samutd Williston, fouiidei' of ^Villiston Sem 
 inary, and a [)i'omiiient inanufactui'er of West- 
 ern ALissachusetts. They ha\'e had thi'ee 
 children: Williston, horn in l*"i'hruai'y, 1(S()9, 
 died in August, 1X71^; ('harles, horn -luly 17, 
 1S7"J, who was graduated from Hai-\'ard in 
 1S9(), \-l') years after tin- graduation at the 
 same institution of his gi'eat-great-grandfafln'r, 
 "S(|uire Nat," ami has since cr)nipleted a 
 course at the Har\ard i^aw School ; and Flor- 
 ence, horn February Id, LS7r), died August j!7, 
 l.S7o. They also ha\'e a foster daughter, -H'an 
 ('oudtai Hickiiison, horn -lanuaiy 'I'l, l!S<S4, 
 daughter of Kew Hiairy Xohle ('ouden, the 
 hlind chaplain of the Fnited States House of 
 Re})resentati\'es at Washington, and Lydia 
 Jane Dickinson, his wife, Ah'. Dickinson's eld- 
 est sister, wdio died at ('hatliam, ^^ass., in 
 February, LS,s4. 
 
 Mr. Dickinson had two youngei' lirothers: 
 ('ol. Asa \\'. Dickinson, a graduate of the iNIassa- 
 chusctts Agricultural ( Villege at Amherst, of 
 the well known law firm of Dickinson, Thomp- 
 son i*c iNfcArastei', of -lersey ('ity, X. •!., wdio 
 died Januaiy 9, 1.S99, and Walter M. Dickin- 
 son, who was graduated from West Point in 
 IS.SO, ca[>taiii in the 17th ['. S. Infantry, mili- 
 tary insti'actor at the Massachusetts Agi-icul- 
 tural College from 1 S92 to l.S9(), wdio tell mor- 
 tally wininded in the battle of El <'aney, July, 
 1S9S, and died on the field the following, 
 iiiijht. 
 
 FUAXCIS ACCl'STCS BROOKS, Boston, 
 prominent for more than t went\'-three 
 N'earsiii leading railroad and corpoi'ation cast's 
 in Xew iMigland, is the son of Aaron and Abh\' 
 Bradshaw (Moi'gan) Brooks, and was born in 
 Petersham, Mass., May 'IW, 1 S24. He is a 
 lineal descendant of Thomas Brooks, wh(( came 
 
52 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 to this country from Eii,nlaii(l imd scttleil in 
 Watertowii, and wlio sul>s(.'(|ueiitly ivino-s-ed to 
 Concord, Mas.s., where lie died in KiliT. His 
 fathei-, Aaron JSrooks, son of Aaron Brool<:s, sr., 
 of Petersham, was graduated from Brown 
 IJuix-ei'sity in lsl7, hecanie an eminent lawyer 
 in Worcester county andser\'ed as a I'cpresent- 
 ative to the General Court in ls;;4and l.S;]5. 
 
 [■■RANII-^ A. IIK'JOKS, 
 
 Mr. Brooks's paternal urandiiintlier. tln' wife 
 of Aaron Brooks, sr.. \\ as a dau.uhterof .Jonathan 
 Grout, of Petersham, wlm was se\n'n times 
 elected tfi the Massachusetts Thiuse of Pepre- 
 seiitatix'es and twi(;e t(i the State Senate, and 
 who was a memhernf the Massachusetts con- 
 vention that ratified the Federal (.'oiistitutir)n 
 and (if the lirst ( V)n^■ress of the Uniteil States 
 held undei' that ( 'onstitutioii. Mr. < driut \\'as 
 also a memlier of the I'l'oxdncial Assemhly held 
 at Watertnwii and I'cndered militaiy ser\"ice in 
 tlie FreiK/h and Tmlian wars. In tlie wai'of 
 the Pevolution he was \'ery acti\'e and inliu- 
 ential, esjieciallx' as a ci\'ilian, and held a 
 commission as cfikinel of Massachusetts militia. 
 Mr. Bi'ooks reci:'i\-ed a liheral education, pre- 
 [)aring foi' college at Leicester Academy, then 
 
 one of the hest intei-mediary schools in the 
 country. In 1.S3S he entered Harvard Col- 
 lege, from which he was graduated with honors 
 ill 1X42, being the youngest iiiemher of his 
 class. During the next three years he devoted 
 liimself to the study of law, fii'st in the IIar\-ard 
 Law School and afterward in the offices of his 
 father in Petersham and of Aylwiii & Paine 
 in Boston, an<l in 1 !S4-'3 he was admitted to the 
 bar in "Worcester cf)Uiity. He practiced in Pe- 
 tersham until 1X4!S, \\\w\\ he removed to Bos- 
 ton, wliere he has ever since resiiled, and 
 where he huilt U]i a large and successful law 
 lousiness. 
 
 Until lfS7o Mr. Brofiks was chiefly engaged 
 in [latent cases. Since then his attention has 
 been gix'cn chiefly to railroad (n- coi'}ifiration 
 law. One of the most nofabh.' of these latter 
 cases \\-as between the ^"errllont ('enti'al and 
 the N'eriiiont and ( 'anada Railroads, two \'er- 
 mont ciii-porati(.ins. This wasoneofthe earliest 
 cases in which some of the courts of this country 
 torik a new departure and began to take posses- 
 sion of and operate railroads by placing officers 
 — styled recei\-ers — in charge and manage- 
 ment of them, without liinitation of time, 
 and to declare and decree that debts incurred 
 by managers so ajipointed should have pri- 
 ority in right of payment <i\'er obligations 
 tfi previously existing creditors secured Ijy 
 mortgage. 'Jdns case was twice argued and 
 heard before the Suprenie ( 'ourt of ^'ermont 
 and is reported in the o-'idand •")4th \(ilumes 
 of X'crmont Peports. The iirincijial obji'ct of 
 the suit was to sul)je(/t the A'ei-mont and ('an- 
 ada liailroai.l. wdmse road was under lease to 
 the \"ei'mont ('enti-al corpoi'ation. U> liability 
 foi' the debts of the lessee management. This 
 ^\-as resisteil l)y the lessoi' and the first decision 
 made was fa\'orable {(\ the lessor. Phereu})0n, 
 the judieiary of \'ermiint being electix'e. the 
 judge (James liarrett) who had writti.'ii the 
 ojiinion in fa\'or of the defendant, failed of re- 
 electirm. The decision made aftei' this change 
 in the iuembership of the ciiurt was ailverse 
 to the A'ermont and ('anaila corporation and 
 the cfirporation \\as thereby made bankrupt. 
 
BIO GRA PHICA L . —MA SSA CH I 'S£ T TS. 
 
 53 
 
 lie is not only :iii alilc lawyer, well ni-ounded 
 in the pi'inei[)les of jurisprudenee, hut lie is 
 also a ii'ooil tinaneier and a stiT)ni;' exet-uti\'e 
 manager, and for many years he has heen one 
 of tlie ahlest as he is now one of the oldest 
 memhers of the Boston har. While praetit-imi, 
 his profession he has gi\-en mueli time to the 
 study of questions of eonstitutional law, uotahly 
 the Foree hill and the eurreuey [)rohleiii, and 
 he lias }>uhlished his \-iews in numerous t'On- 
 trihutions tn the daily press and in pamphlet 
 form. In ISIM) he puhlishcd a jiamphlet en- 
 titled " I'olitieal and i'^iuaneial Errors of our 
 Recent Monetary Legislation," and another in 
 1S91 in eritieism or review of the "Legal 
 Tender Deeisimis of the Supreme ('ourt." As 
 a wiiter lu> is tdear. fiircihic and coiiNdueing, 
 and Ids produetions ha\e attracted wide atten- 
 tion. In tln' pamphlets just mentioned, I'e- 
 lating to the legislation of ( 'ongress in the acts 
 known as the National <'nrrency Act of 1S(;4. 
 the Bland-Allison Act of Isys, and the Sher- 
 man Act of lS9U, he contended that these 
 measiu'cs foi' furnishing the country with a 
 circulating nuMJiumof paper money made legal 
 tender wei'c not within the p(i\\-er nf ('ongress 
 inider the (Constitution, 'idiese |)aiinihlets are 
 \'aluahle contrihutions to the literature' of tlie 
 suhjct'ts tl'i'ated. 
 
 Mr. Brooks was president of the \'ei'mont 
 and Canada Jtailri.iad ('oiupany. and has for 
 many years past hvvw president of the Nashua 
 and Lowell Railroad ( 'oi'poratioii. 
 
 He was mai'rie(l Septemhei' 14, 1.S47, to 
 Frances, daughtei- of ( alel) and CJai'issa (^'ar- 
 num) Butler, of (Jroton, ^Fass.. and of their 
 children there are now li\'ing tlu-eesoiis : i'"r</d- 
 erick and ('liailes JSutiei- Hi-ooks, of Uoston, 
 and ^lorgan Brooks, pi-ofessor of electrical 
 engineering in the Fni\'ersity of Neliraska. 
 (.'aleh JSutlei; father of .Mrs. Brooks, was gi'ad- 
 uated from I)artmouth ('ollegi'in BsOO, heeame 
 a pjrominent lawyer, and was [)ilneipal of the 
 (jroton Academy fr)r ele\'en yeai's and pi.ist- 
 master of (irciton foi- thii'teen years. lie was 
 also the authoi- r)f a IIistoi-\- of (Jroton. 
 
 GLOlUiK AilNOLl) TOKKEV, A. M., 
 Boston, general counsel nf the Fit(dil»urg 
 Railroad, is the son of I'henezer and Sarah 
 (A mold) 'i'ori'cy, and a grandson of -John Torrey, 
 a respected fai'iiiei' of I'rank lin, Mass., ami was 
 hoi'u in Fitchhui-g, ^hiss., i\hiy 14, ls;!,S. His 
 father was a pi'ominent lawyerin thatcity.and 
 for over fifty yeai's the cashier and president of 
 the Fitchhurg National l>aid<. 
 
 Mr. Ton'cy attended the I'itchhurg ])uhlic 
 stdiools and the Leicester Aeadeni)', and was 
 
 graduated h IIai-\-ard l'ni\crsity in 1 S.19, 
 
 rect'i\dng tliereh'om the degree of A. .M. in 
 coui'se in LSd'J. ( )n lea\'ing college he took 
 up the study of law \\'ith Wood tfc Bailey, of 
 Fitchhurg, and also entered the IlarN'ard Law 
 Scdiool, wliei'c he recei\'ed his degree ot JJ^.B. 
 in lS(n. ('onnng to tin' W'oret'ster county har 
 in Jvuie of the same year he hegan acti\-e ])rac- 
 tit-e in Fitchhurg as a partma' of Nathaniel 
 
 GKORCJE A. IdKKKN'. 
 
 Wood. The fll'in of Wood A' 'rnri'cy eondueleil 
 a laige and sneeesshd hiisiness nihil lS7-i, 
 wdiiai Mr. d'orrey i'eiiio\'ed to lloston, wliei'e he 
 has since pi'aeliced alone. Mv. Tori'ey rapidly 
 gained a high standing at the Fitehhurg har, 
 his ahilitv ,and industrw his ])|-oad le^al at- 
 
64 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 taiiimciits, iiml liis jjcrsdiin I i|U:ilitii's ;iiiil forrc 
 of clinractcr lii'iiii^iiin' liiiii intu aliimst iiiiiiic- 
 (liatc ]ii'oiiiiiiciicc. 'I'lic i;cii('i'al |)i-actii'(.' ujiou 
 wliicli lie cutcrcil soon iI('\c1(i|i(m1 into tlif iiioi-c 
 s[iccific cliaiiiicls of coi'iioi'al ion ami lailroail 
 law, to wliicli lie lias dcvotril liis ciicrj^ies foi- 
 st'\'C'i'al years. lie lias [irolialily triiMl as many 
 vail road i-ascs as any other men iIkm' of the Massa- 
 chusettshar. In 1 !-!.s7, after serx'in^- sometime 
 as counsel, he was a])[iointe(l to the newly <'stal)- 
 lisheil office of n'enei'al counsel of tli<' Fitchliui'c' 
 Railroail ('ompanx', which he has sin<-e iflleil 
 willi signal ahility ami satisf iction, Ih.' is an 
 eminent lawyi'r in the deparlment of jurispru- 
 dence relating to i-ailways. and has \\"oii dis- 
 tinction hefore courts and juries as w(dl as in 
 (diamher practii/e. 
 
 In [lolitics ln> is a Uejiuhlican. He was a 
 niemhei' of the Massachusetts Senate tVoin 
 Woi'cestc'r county in IST'Jaml 1 ST-'i, andser^'ed 
 as a memlier of the committees on judiciarv 
 and towns in the fjiiiiei- year ami as chaii'iiian 
 of the committees on judiciai-y and federal 
 I'elations in IS?.'!. He also took a pi'omineiit 
 pai't ill the enactment of the n'laieral I'ailroad 
 law of IST:^ and in the special session which 
 was convened on account ot the t;i'eat ISoston 
 fire of the same year. He was one of 1 he orig- 
 inal diree-tors of the noston, ('linfonand Fit(;h- 
 hurL;' Uaili'oad, now a pai't of the (Jld ('olony 
 s\'st(.'m. He is a iiiemhei' of the Al:^'oni|uin 
 (dul) of Boston and of the I'lii Beta Kapjia 
 fi-aternity. He is an oiiiiii\"ei'(ius reaili'r and 
 an enthusiastic collector ot hooks, and i-^ widl 
 posted in all hranches of litei-ature. As a e-iti- 
 zeli he i-: highly esteemed and respi'cti.'d foi' 
 those stei'liiiij,' prim;iples wlii(di chai'actei'ize the 
 t\'[iical Xew I'aii;laiider. 
 
 Ml-, d'orrey was married .June '.III. Isiil. to 
 ^riss Fdleii M., dau,uhlerof Daniel H.Shirlev. 
 of iSoston. 
 
 and a grandson of John i)uiihai' and Ann 
 I)olma!j,e, and was hoi'n in I'ittslield, Mass., 
 Hecemher 2-'!, 1 S47. His fathei' moved with his 
 parents from Xew "I'oik State to I'ittstield in 
 early life, and formally year.s was superintend- 
 ent of the I'omeroy WViolen Mills. Jle still 
 i-esides there, his wife ha\'iiig died in l«o(). 
 
 •lodL;e I.)unhar attended the jiuhlic scliools of 
 his iiati\"(;' town and was ^raduati/d from the 
 Hiti'li Sehofil in l-siiT. Prior to this, liowe\'er, 
 
 J.\.MKS K. IJC.NEAI;. 
 
 TAMES i;()i;i-:i;'r dcxjsai;. no-ton. 
 
 x^ associate justice of the Superior <'ourt of 
 Massachusetts fr<im Isss to Isiis, is the son of 
 Henrv W. and l->liy.aheth (Ki(diards) ])uiiliar. 
 
 he had filled N'arious positiiais in the Pittsfield 
 ]i0st-ofHce, hecoiriini;- (diief (dei'k. In IsiiT he 
 enti.-i'ed Williams ('ollcLi'e. from which lie was 
 graduated with honor in Isjl. lia\'inii' an ora- 
 tion at i_-ommencement ami heinu elected a 
 mernher of the Phi ISeta I\ap[)a. On lea\'in;i 
 colh.'Lie he he^aii the stud\- of law at W'estfield. 
 Mas-^., in the office <if Hon. .Milton \\. W'hitnev. 
 formerly State -raiator, etc., with whom he 
 remained until Isj;;, when he enteivd the 
 IIar\'ard Law School. The next \-ea r he re- 
 turned to W'esttield. and in April, ls74, was 
 admitted to the IIam[iden har at Spian^tield. 
 He then formed a copart nei'ship with .Mr. 
 Whitney, w hich ccaitiniied under the tiriii name 
 ot' \\diitlie\- A' Hiinhar until .lanuarx". 1 SST. 
 
BIOGRA PHICAL.—MA SSA CHUSR TTS. 
 
 when tin' junior pai'tiuT witluli'ew. Mr. Dun- 
 liar sulistM|uently prat-tired in W'e.sttield alone 
 until March, ISSS, when (io\-ernoi' Ames ap- 
 pointed him an associate justice of theSujierior 
 (.'ourtof ^Fassachusetts. He tilled this position 
 \\'ith great credit and aliility, resitcning it 
 ^hlrch 7, ISDS, to resume the practice of ins 
 profession in ]>oston as the senioi' memhi'r of 
 the lirm of Dunhar i^- Rackemann, the juinor 
 partners hein,u( 'harlesS. and Felix itackeniann. 
 
 Wddle in W'estfield .ludiiC Dunltar's pi-aetice 
 was of a general cluiracter, and fre(|ue)dly 
 hroright liim into court, whert,' his broad and 
 comprehensive kno\\dedge of the law, his fine 
 legal attainments, and his powei- for argument 
 gained for hinr an en\dahle reputation and a 
 high standing at the Ijar. He took a lea(]ing 
 position as an alile coiuiselor, and also displayed 
 those rai'C judicial (|ualihcations which sul»- 
 se(|uently nuule hinr a respected jui-ist. On the 
 hench he achie\'ed honor and euunence. His 
 opinions always conrmanded res])ect. After 
 ten years of judicial labor he resigned to take 
 up the active practice of ids profession, which 
 is now largrlv in the de]iartments of cor[ioration 
 and trust law. 
 
 In jirilitics Judge I)uidiarhas always lieeii a 
 iiepufilican. lie represented Ilamjiden county 
 in the Massachusetts Senate in Iss.") and l.SSli, 
 and ser\"ed as chairman of the committee on 
 election laws and of the special in\-estigation 
 connnitt(.'e, and meiuliei- of the conniiittee on 
 judiciary in iSS."), and as chaii'inan of the eoiri- 
 niittee on ch.'ction laws, member of the coni- 
 nnttees on judiciai-y, bills in thii'd reading and 
 on re\'ision of the judicial systenj in IS.SIi. I>y 
 a[)pointment ho sei'\-ed a few months in the 
 year l.SST as district attc^rney of Haiupden 
 countv to fill a \'acancv caused by the election 
 of Andrew J. Waterman to the office of attorney- 
 general. .Judge Dunbar was also a meiubcr 
 and chairnian of the School ('omiuittee of 
 W'estlield foi-a time. In April, ISSS, he mo\-ed 
 to West Newton, Mass.. and in the spring of 
 IStlO to ISrookline. wdiere be has been a lueni- 
 bei- fif the Schf)ol (V)miiiittee since ISl).") and is 
 no\\- (l<Si-».S) its chairman. In l.S!»7 he suc- 
 
 ceeded the lali' Judge John i^owell, l)y ap])oint- 
 ment of (ioN't'rnor Wolcott, as chairman of the 
 t-oiinidssion to in(|uire int<i the e.x'pediency ot 
 re\dsing a ml amending the laws (if the ( 'ommon- 
 wealth of Massachusetts relating to taxation. 
 He has been a delegate tose\'eral [)olitical con- 
 N'entions, and as chairman of the committee on 
 resolutions in the Kepuljlican State ('on\'entiou 
 of l.SST drafted the platform foi'fhat year. Ho 
 is a mendier of the executi\'e connnittee of the 
 I'ai versify (.'lubof ISoston, a member and former 
 president of the Thursday Club of ISi'ookline, 
 and a membei- of the Harvard Musical ^Vsso- 
 ciafion of Hostoii and of the l>rookline Educa- 
 tion Sot-iety. As a citizen he is public s[)irited 
 and progressive, manifesting a [latriotic in- 
 terest in cN'ery worth)' entcrjirisi', and liberally 
 supporting all mo\'em(mts wdiich give promise 
 of advancement to the commniuty. 
 
 He was married May lo, lS7o, to Harriet 1*., 
 daughter of (ieorge A. and Electa iM. (Lincoln) 
 Walton, of West Newton, IMass., and they have 
 five (ddldreii : Ralph ^^^alton, who was grad- 
 uated from Williams ('ollege in June, ls9.S; 
 I'hili]) Richards, a studeid at Wdlliams (Jollege, 
 class of H)()0 : and iJutli, Helen Lincoln, and 
 Hein'\' Fowler. 
 
 WILMOX WHILLDIX P.LACKMAR, 
 l>oston, is the son of Lew Josejih and 
 Eliza .1. ( I'bilbi'ick) L)hK-kniai', and was boi'ii in 
 Bristol, La., -Inly i!."), LS41. Wdiile he W'as yet 
 a bov the family niON'cd to Lostdii, wdiere he 
 attended the lirimmcr ( Iramniar Scho((l. After- 
 ward he went to the Normal .Scdiool at ISiidge- 
 water. and was fitting foi' college at ILxetei-, 
 X. H., wdien the war of the Lelndlion broke 
 out. He t'lilisted in the Llth I'a. ('a\-. as a 
 |)i'i\'atc, and was pi'omoted through all the 
 non-couniiissioncd grades to be f)rdei'ly ser- 
 geant, wdien he was pi'omoted to a lieuten- 
 anc\' and transferred to the 1st A\'. A'a. \'et. 
 ( a\'., and ser\'ed under ( 'uster, wli(» made him 
 a cajitain on the battleti(dd of Id\'e I'^orks. 
 This promotion was earned by unusual bra very 
 and heroism in the linal dash w'hich won the 
 
56 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 victory of April 1, iSfj;"), and is licst dcsoriljed 
 ill tlie words of a Boston wiiter: "A oliarge 
 of cavalry had been made in a wrony- dirt'ctiou ; 
 tlicy were beini;- fiankeil liy the enemy; [jieu- 
 tenant Blackmar was (inlered to clianne thei]- 
 course. He did so, Ijui the line hesitated. 
 Without orders he forced the colors foi'ward 
 in the new direction across a ravine undei- 
 heavy fii'e, and rallied the troopers to follow 
 
 WIL.MON \V. EL/\CKMAK 
 
 in a splendid charge, which took the enemy's 
 position, and helped to change the fate of the 
 dav." A (•lian(;e made (Jeneral ( 'uster a wit- 
 ness of the hrilliaiit mii\'ement, and he pro- 
 moted Blackmar to a captaincy on the spot, 
 anil in 1 S!»7, thirty-two >'ears afterward, the 
 government rewarded him hy a ( 'ongjcssional 
 Medal of Honor — a tai'ily recogniti<»n of such 
 bi'avery, but one which made the claim all the 
 more noteworthy and just. He was also de- 
 tailed as adjutant-general of his brigade and 
 di\'ision pro\"ost-niarshal. 
 
 (ienei'al Blackmai- fought at xVntietam, Stone 
 Rivi'r. rhi(d<arrjauga, ( 'hattanooga, and in the 
 Shenailoah A'alley cam}>aigns in Sheridan's 
 
 (.'avali'y at Jlichmond, Petersburg, Fi\'e Foil's, 
 Ap})omattox ('curt House, and in many other 
 eiigiigements, to the end of the war, and always 
 with bravery, coolness and honor. Returning 
 from the front he entered the Harvard Law 
 School and was graduated with the degree of 
 U^.B, in .June, 1867. In .July of the same year 
 he was admitted to the Suffolk bar, and since 
 then he fias been engaged in the active and suc- 
 cessful practice of his profession in Boston. 
 Much of his law business is now in the care of 
 estates and trusts. Vox twenty years he was a 
 partner of Henry Xewton Sheldon, now (1.S98) 
 associate justice of the Superior Court of Massa- 
 chusetts. (General JJlackmar is an al.)le lawyer 
 and advocate, a man of the liighest integrity, 
 and a citizen imljued with lofty patriotism, unit- 
 ing energy and true manhood. He was a 
 founder and the first commander of Post 1 1 •'! ({. 
 A. P., has served as judge-advocate of the De- 
 partment of Massachusetts ( i. A. P., and for ten 
 years was judge advocate-general of the f'om- 
 moin\'ealth. Jle is an ardent Pepulilican and 
 served two years (1871-72) in the Boston ( 'om- 
 mon Council, liut has held no other political 
 ofHce. He is a member of the Military Order of 
 the Loyal Legion of tiie United States, a promi- 
 nent Freemason, and a member of the Lnion and 
 Art Clubs of I)Oston,and of the Bar Association 
 of the city of JSoston since its inception in ] .S76. 
 He is also a director of the Xantasket Beach 
 Steamboat Company and of the Hamilton 
 Woolen Com[)any, and vire-president and a 
 director of the Boston National Bank. He re- 
 sides in Jjoston, on Commonwealth avenue, 
 and has a summer home at Flingham, the latter 
 being one of the finest and handsomest estates 
 in the country. He is an able and elo<juent 
 pulilic speaker, and has made a number of im- 
 portant addresses. 
 
 (General ISlackmar was married Novembei- 
 17. issd. to Helen P., daugliter of the late 
 •John P. Brewer, of JSoston. 
 
BIOGRA PHICA L.^MA SSA CH USE TTS. 
 
 57 
 
 SIDNEY I5ARTLETT, LE.D., liostou, for 
 many Yi.'ars tlie acknowiedgoil leader of 
 the Massachusetts liar, was the son of Dr. 
 Zaeeheus and Hannah (Jaeksoii) ISartlett, and 
 the sixth in lineal <lescent from Uohert ISart- 
 lett, who came to riymouth in the sliip Anne 
 ui 1()23, and who in 1()2S married Mary, 
 daughter of Richard Warren, who came over 
 ni the jNIayMower in 1()20. Jle was descended 
 on both sides from a goodly numjier of the 
 Rilgrims, from ^\■llom he inherited those i/har- 
 acteristics which jire-eminently distinguished 
 him in the legal profession. His father was a 
 wise and skillful physician in I'lymouth. His 
 mother was one of a family of -Jackson, "a 
 name wdiich in her day and generation, stood 
 for strict integrity and a sturdy strength of will 
 and cliaracter ; ami it \\'as from her that he 
 ilca'ived in gi'cat part that \dgor of constitution, 
 physical and mental, which carried him to 
 siich length of days and such high eminiaicc. 
 It was to her resolute will that Mr. Ikirtlett 
 o«'erl his college education and his ojipoi'tunity 
 for a professional career ;foi' her cai'C and la.-i' 
 sacrilices slie was amply repaid hy tfie [iridc 
 \\diich she took in her son's success, and the 
 thorough lilial de\'otion «diicli cheered hci- ripe 
 old age." 
 
 ^fr. liartlett was horn in Plymouth, Mass., 
 I'ebruarv I-'!, 1791), and recei\'<.Ml his [irimary 
 education in his native town. He x^-as grad- 
 uated from Har\'ard (Vjllege in IHI.S, in the 
 same class with Sann.iel 'bodd Adanrs, Sanmel 
 iJarrett, (ieoi'ge ( 'hoate, Fi'cderick A. Farley, 
 Rohert Treat I'ainc, ( ieorge R. Xoycs, (-Jeorge 
 Oshorne, < ieorge W. Otis, Thomas Worcester, 
 and otliers. He then taught school foi'ashort 
 time in Scituate, ^Nfass., and afterward he read 
 law in Plymouth foi' one year with Nathaniel 
 ?\roi-ton DavLs. On .Septeml)ci- 1 o, l,S2t), he 
 entered the office of I^emuel Shaw in lioston. 
 He was admitted to tin.' Par in tlic^ (Jouii of 
 <.'oimrion IMeas ( )ctoher 2, Ix.!!, to the Par of 
 I he Sujireme Judicial Court in ]\Pn'cli, 1 S24, and 
 to the Par of the Sujiivme ('ouil of the Pnited 
 .'vtates in 1 So4. Ppon hisadmission tojirarticein 
 ISjIl he formed a cojiartnership with his in- 
 
 stractor, W\. Sliaw, which continue<l until the 
 latter hecame chief justice of the Massachusetts 
 Suiireme Judicial Court in 1830. He sjient 
 his caitire professional career in Boston and 
 was engaged in active practice until a few days 
 liefore his death, which occurred March (i, 
 PSSH, in his ninety-first year. 
 
 It was always Mr. Hartlett's habit of mind 
 to pei'cei\'e with al)Solute clearness the [irin- 
 ciplcs upon which the decisive (juestions of a 
 case nuist turn, and to conliiie his argument 
 (doselyand strictly to them. \\' i thou t ornament 
 or rhetorical grace lie addressed himself directly 
 to the determining point. Cajiablc of great 
 labor, never losing his equanimity and self- 
 poss(.'ssion, he followed the one course that he 
 had chosen with a de\'Otion and al.)ility, and 
 a success so remai-kahle, that his |)|-acti(;ing law 
 to the age of ninety with scarcely no abate- 
 ment of \'igor made him one of the most con- 
 spi(aious Hgures .among his countryiuen. He 
 was not a classical scholar, but he acquired Ijy 
 hard work a gi'cat fund of general information, 
 and in an argument was a most dangerous 
 opponent. He was full of courage, WAH never 
 sur[)rised, and possessed great self-reliance. 
 He was consiilerate of the feelings of others, 
 social)Ie and hospitable, and was held in nni- 
 \'ersal res}iect. 
 
 On one occasion a, young lawyer, \\dio he- 
 came tired and discouraged in trying what 
 [iro\-c(l to be a hard case, went to Mr. liartlett 
 one night for advice. The latter took the 
 young man into bis library and, without ex- 
 pectation of reward, spent two or three hours 
 in advising him how to meet the \'arious points. 
 lie would have done the same with the most 
 insiginticant memlxa- of the l)ai' undi.a' similar 
 circumstances. He honored the bar as an in- 
 stitution with all his heart: be glorieil in its 
 great and noble traditions; and bis bighi'st 
 andiition was to illustrate and promote its just 
 dignity and honor. The partner of Shaw, the 
 biend and t-onipeerof ('urtis, the contemjiorary 
 of (.'hoate, Webster, Dexter, and others, be stood 
 for nearly two generations among the foremost 
 lawyei's in America. He lii'st appears in the 
 
58 
 
 THE JUDICIARY A. YD THE BAR OF NEW ENGLAND. 
 
 Massacliusi'tts Rejiorts in Eaton v. W'liitiiig. 
 3 Pick.. 484, at the ^faivh term of LSi:!!;, with 
 Lemuel .Shaw and against Uiehanl Fletelier. 
 His tii'st a[i}>earance in tlie United States Su- 
 preme (Viurt was in lS5o, in lasigi \'. ISrown, 17 
 Ho\\-., Is;;, and thereafter lie was aeti\-ein that 
 trilunial, "directing hy his wise counsel those 
 vast enterprises which united oceans and cov- 
 ered the continent." 
 
 Mr. ISartlett was in mental constitutiim em- 
 inently just and true : fair and open minded : 
 ready to hear both sides of all (|uestions of 
 politics, rcli.nion, or casuistry, and justly rec-- 
 ognized and weighed the force of either argu- 
 ment, lie was a thorough optimist, enjoyed 
 life to the utmost, and accumulated a very 
 large fortune. He always ilid his hest. was 
 thorough in all he umlertook. and achieved 
 success hecause he worked for it. His mind 
 certainly [lossessed an element neai'cr akin to 
 genius than Ins jiowci' of work, in thai instinct- 
 ive, iiduifive i)erception whi(di enalilcd him 
 so unerringly to detect \\w ruling [H'inciple of 
 liis case, and to follow it witli a logic wdiicli 
 no fallacy couhl mislea<l or elude, ddic late 
 \\'illiam (ioodwin liussell, wdio was I'clated to 
 ]\rr. ISartlctt said of him : 
 
 "He condensed the t'Xpression of his thought 
 to such a degree that it sometimes ovei'taxed 
 the closest attention as he delivereil his oral 
 argument, and ikj single reading of his written 
 argumeid would sutfice : yet his style was as 
 clear as it was compact. It soundi.'il strangely 
 to hear it said that he was a fluent speakei- : 
 hut the statement, duly considcix'd, will he 
 found true. The lahor was in the thiuight, 
 which was fn-ged with infinite jiains : luit the 
 words always came in due onler. ne\-er with 
 hesitancy, never recalled. Hr. llartlett was 
 nowhci'e UKirc wai'inly welcomed than hcfji-e 
 tlie Sujiix'iiie <_'ourt of the Tnited States, where 
 for nearly forty years he had heen a leader, 
 and for years perhaps the leadi'i' of the har. 
 ()n his last \-isit to ^\'ashington, that coui't, 
 through its late chii'f justice, ^nn >:jionti_. as- 
 signed a day for the hearing of his cause, in 
 recOLiintion of his Imic- and faitld'nl ser\'ice — a 
 
 favor which he would lia\-e heen tlie last to 
 ask, hut a gracehil compliment wdiicli he might 
 well he }ilcased to acce}it. 
 
 Ml-. Bartlett's rise to a place of distinction, 
 or more ])roperly of leadership, was not j'c- 
 markahly rajiid. But he soon hecame known 
 for his thorough preparation of cases in which 
 he was engaged as juinor counsel. He wa.s 
 not a learned lawyer: that is to say. he had 
 nev(.'r studie(l law with tln' inethod and sys- 
 tem with wliich it is studied now in the law 
 schools. lie was not learned in comparison 
 with Chief .Instice Pai'sons oi- Story or C'hoate. 
 Hut he had a sti'ong iinnd and ivmarkahle 
 legalacumen. llestudied his cases until they 
 wei-e threailliai'c. And in the course of years, 
 doing s<i nuich husiness. he hccarne, if not a 
 leailing lawyei' in the pe(lantic sense of the 
 term, a lawyei' of learning and of great ac(|uire- 
 meiits. 
 
 The \\'onderful \'itality. physi(;al and men- 
 tal, which enalilcd ]\Ir. liartlctt to hold Ins 
 unchallengeil place at the head of the Massa- 
 chusetts har until he had passed his ninetieth 
 hirthday is the feature of his case which nat- 
 uralh' impresses one most powa-rfully. ^\'ith. 
 in a iiKiiith ]irior io his death, in the i-ipeness 
 of Ills physical and intellectual vigor, he stood 
 in his place hefore the Supreme Judit-ial ( 'ourt 
 and argued a case with almost unahatcd tire, 
 and with a (dearness of utterance ami a pro- 
 foundness of thought \\hi(di might well he 
 e)i\-ied hy any of his associates. This was the 
 cause of the daughter of his old friend, that 
 staunch old patriot. Mr. I'etigru, once the 
 leader of the South Carolina har. 
 
 ('hief .Instice Shaw" once said to Mr. ISarth'tt. 
 wdaai he was arguing a case: "If you would 
 state your line of reasoning a little more fully. 
 .Mr. Bartlett. we should like to lia\-e you. Yiiur 
 mental o[)erations are so ra[)itl that others do 
 not sometimes see the connections hetween 
 your premises and i-oiKdusions so readily as 
 you do," 
 
 That Mr. ISartlett was witty is shown hy his 
 courtecius and respectful retort to Judge Ihirace 
 (iray. now ot' the I'niti'd States Suprtane ( Viurt. 
 
BIOGRA PHICA L.—MA SSA CFiUSETTS. 
 
 59 
 
 111 iv[)ly to a [xisitioii ciiuiiciatcil liy Mr. ISiirt- 
 lett, in a t-ertaiu arj^TTiin-iit before liiiii, Ju(l,i;e 
 Gray exelaiined somewhat l)rus(|uel\' : "That 
 is not law, Mr. Bartlett, and it never was law." 
 Mr. IJartlett, liowini; low, in respeeti'iilly iiioil- 
 ulated tones, replied : "It \\'as la\\-, until your 
 lumor spoke." 
 
 At a meetiiiti' of the Suffolk har held Mareh 
 '.^;>, l.S,S9, suita))le resolutions were adojited and 
 entered upon tlie records of the Supreme .Ju- 
 dicial Court. These resolutions were, in part, 
 as follows : 
 
 "The memhers of the Sulfolk l)ar unite in 
 this expression of their sentiments upon the 
 death of Mr. Sidney ISartlett, who for nearly 
 seventy years was a rnenil)er of this har, and 
 for a loiiLi' period preeedinn' and until the day 
 of his death \\'as its distinj^'uished and honored 
 leader. 
 
 " Mr. ISartli.dt was pre-eminently a lawyer. 
 Alleuiaiiee to the law was the master passion 
 of his life. He lo\x-'d the lirotherhood, and 
 was foremost in all that tended to maintain its 
 usefulness and uphold its eharaetcr. 
 
 " His leariiiiiL;- was aeeurate and adeipiafe, 
 ))ut his eharaeteristie su[)eri("(rity consisted in 
 his firm and coiii})rehensi ve ,u'rasp of le^al 
 priiiei})les and ids ahilily to deal with them 
 with unsurpassed fiieility and power. In all 
 the hin'h qualities e.ssiaitial to their thorouLch 
 ex})0sitioii and successful ajjplication — clear 
 ]ierce})ti(ai, searching analysis, inexoi-alile lo,i;ic, 
 scientihc [irei-ision of th(M_i_L;ht and statement, 
 a terse and cogent style, and an unerring;' and 
 imperturhahle practical sagacity — he was with- 
 out a superior, if not without a rival. 'Jdiese 
 H'reat gifts did not disdain, hut were always 
 reinforced hy the most clahorate, exhaustive, 
 and painstakini;- preparation. Indeed, tbi' siiidi 
 prc'jiaration he had a ]>ositi\'e genius, and of 
 many of his ti'iumjihs in the forum it might 
 he truly sai<l that they had heiai alreaily won 
 in his study. 
 
 " i\s an adviser and administi-a,for in the 
 mOiSt important and intricate' affairs he was 
 consummate, and his services in this respect 
 were as iuvaluahle and siic(;essful as were his 
 
 more hrilliaiit and conspicuous achie\'ciiicnt,s 
 at the har. 
 
 " In e\'ery relation aiul under all cii'iaiin- 
 stances his character and conduct were dis- 
 tinguishi.'d, in the highest degree, l)y (dieerful- 
 ncss and courage, hy rectafude, fidelity, and 
 trutli. 
 
 "We, the memhers of the har with which 
 Mr. iSartlc'tt's entire professif)iial life was iden- 
 titic(l — assemhied in this court-roi)in, the most 
 accustomed scene of his dutic's and triumphs, 
 and wdiere hut a few weeks ago he maintained 
 for the last time with unahated ahility and 
 skill the cause of his client — thus inadeijuately, 
 hut re\'(a'eiitly and affectionately, commemorate 
 his unsullied life, his high example, and his 
 illustrious career." 
 
 Mr. Rartlett never sought nor would he ac- 
 cept f>tffce wdiose duties would call him from 
 theprofession to\\diich he was wedded. Tliough 
 urged to a(;cept appointments to the hcnch he 
 always refused them, and it is not too much to 
 say that for many years the highest judicial 
 positions in the land were \\'ithin his reach. 
 He was a memher of the jNTassachnsetts House 
 of Ueprcstaitatives in LSOl and of the Consti- 
 tutional Conviaition of IS.").", hut with these 
 cxci'jitions he scrupulously avoided wdiat is 
 termed puhlic life. In his college days he was 
 a uK'Hilier of the Har\'ard \\'ashingtoii (Jorps. 
 \\Tiile a law student in I'lymouth he was a 
 memher of the Standish (hiards, a military 
 conipany organized in ISlcS. Ijater he was 
 ca[)tain of the Boston Rifle Rangers. in mid- 
 dle life he was a de\'oted fisherman. He was 
 emiiK'iitly social, simple in his tastes, and al- 
 most ahstemious in liahits. His reading was 
 hi'oad and extensive, iiaduding history, hiog- 
 rajihy, fiction, etc. He was inttu'ested finan- 
 cially in I'ailroads, sailing vessels, and other 
 (■iiterprises. In Is.ls Harvard conterri.'d upon 
 him the honorary degree of IjIj.H. He was 
 <ine of the foundia-s and the first [>resi(kait 
 (kS7<i-77) of the Rar AssiKuation of the city of 
 Roston. 
 
 Mr. Rai'tlett was mariacd Octolxa' S, l,S-j,S^ 
 t(] rjaroline, daughter of .lolin and Marv (Tewks- 
 
R 
 
 60 THE JUDICIARY AND THE DAK OF NEW ENGLAND. 
 
 ])Ui-v) Pratt, of I'xiston, wlu're \w rcsidiMl fioiri riek ISrnoks, ,ju<l,i;e of pn)l)ate ami insolvfiicv 
 
 the time of liis admissidii to the har until liis foi- ATiddlesex county, ^his^;.; (leor,u,e Silsl)ee 
 
 deatli. Tlieir clnhlren were Sichiey, jr., Kran- Hah', of the ]>oston liar ; William Morriw Hunt, 
 
 cis, Louisa ('., and Anna (;. the artist: Ik-njamin Ai)thorii (iould, the as- 
 tronomer ; Dr. Ivlward Augustus Wild, an 
 
 Imminent physician of Hi'ookline and .sui',tj,eon 
 
 of artillery in the Turkish army durintj; the 
 OHEirr CODiMAN, A. M., Boston, is Crimean war ; and many otheis. 
 the son of Rev. .John Codman, 1). D., ;Mr. Codmanentered the Harvard Law School 
 and Mary Wheelwrii^ht, his wife, and a lineal in LS44, received the degree of LL.l!. therefrom 
 descendant of Uohert Codman, who settled m in l.S4(i, and continued his legal studies in the 
 Salem, Mass., ahout X^V.V^. His grandfather, office of Krancis I>. Llayes of LSoston, heing ad- 
 Hon. .lohn Codman, of Boston, held several mitted to the Sutfolk har ^Lircli -!, LS4<S. En- 
 positions of honor, including that of State tering at once upon the acti\-e pi'actice ot his 
 senator. Rew Dr. John Codman, his father, profession in lioston he soon formed a cojiart- 
 was gi-aduated in 1X02 h'om Harvard College, nership with his classmate, Henry A. -Johnson, 
 of whicli he was long an overseer, and from which continued under the style ot ('oilman tt' 
 which he rectdveil the honorary degree of D. D. .Johnson for o\'er thirty years. He i'a[iidly 
 He studied divinity in Scotland, and for ahout gained a high standing at the Itarand acquired 
 forty years was pastor of the Orthodox (_'on- a consideralile practice in the courts. He was 
 gregational church at Dorchester. On his a successful advocate, a wise counselor and an 
 mother's side Mr. ('odman is descende<l from able business man, and has achie\-ed eminent 
 ivev. .John Wheelwright, the founder of the success Jiotli in the law ami in tinancial matters, 
 town of Widls, Me., and a hrother-indaw of During the }iast tiai yeai's he has devoted him- 
 Mrs. Anne Hutchinson. self almost exclusively to the management of 
 Robert Codman was boi-n in Doi'chester, many large estates which have been c(jntided 
 ^Fass., March S, l.S2:i, and prepared forcollege to his care. One of most important of tbt'Se 
 at Dummer Academy at Bylield, in his native was founded by the late Peter l>. Brigham in 
 State. In l.S4() he entered the freshman tdass 1S77 as a cbaiitable trust fund, wdnch, at the 
 of Har\-ard ruiversity, when' he pursued an end of twent\--li\-e years, is to ])ass into tlie 
 entir(.' collegiate course, whi(di was only inter- control of a corporation, f(jr tlu' benettt of the 
 rupted near the en<l of his lirst yeai' by a sick poor. This fund now ( L'^i*''^) amounts to 
 " suspension " of four months for allegeil par- nearly !{i.'],O0n,()(IO. In polities ^^r. ('oilman 
 ticipation in the kindling of a bonfire. During has always been a Democrat. He has held but 
 this period hecontinued his studies under Hew one political ottice, that of alderman of tln' old 
 Mr. Ward at Abington, AJass. He took a fair Ele\'enth ward of Boston in 18o(i. Lorscveral 
 rank in his tdass at Harvard, liaA'ing a part in years he was one of the \"ice-presideiits of the 
 the exhibition of ( )cti)ber, l.S4-">, distinguishing Massachusetts Hospital Life Jnsui-ance ( 'om- 
 himself in (Ireek, and political economy, and pany, and in 1 Si)."i besucceeded the late William 
 being assigned a Latin oration at commence- Minot as its [(resident, which jxisition he still 
 ment in 1S44, when he received the dcgive of hidds. IB' is also a director of the Fitchburg 
 A. B. In BS47 he took the degrt't' of A. M. in Raili-oad ('om[>any and of the New England 
 course. While in college he was a member of Trust Company of lioston; [iresident of the 
 the Institute of 1 77b and of the Hasty Budding Iliaisi' of the ( iood Samaritan of ISoston. of the 
 Club. Among his cla.ssmates who became Wheel wright ScientiHc Sidiool of Newbur\'poi't, 
 ])romin(ait in ci\'il and [)rofessional life wx-ri' Mass., and of the Trustees of Donations to tlie 
 I'l'ancis Barkmau, the historian: (ieoi'gi' Mer- Brotestant E[iisco[ial church: president of the 
 
n 10 GRA PHICA L . —MA SSA CH I ^S E 1 ' TS. 
 
 01 
 
 l']pis(_'i>[);il ( 'li;ii'italili' Sdi'icty lit' ISostdii : a 
 iiieniliLT ("if the Standiiii;- ( 'oiiiiiiittce of the 
 E[iisci)[):il el 111 veil iif Massacliiisclts : a life iiiciii- 
 berof the New l<]iii;-laii(l llistoi'ic ( iciica Inimical 
 Society : and sen id i- warden of tlie parish of tlie 
 ( 'liureh of tlie Ad\-eid of liosidii. Mr. ( 'odniaii 
 is not only an nhle lawyei' and a successful 
 financier, hut isdeepl)' inlei-esteil in t he welfai-e 
 of his city and State, and whose sers'ices ha\'e 
 heen generously ^i\-en to the encouragement 
 and support iif e\'er\' coinunaid.ahlc cntei'prise. 
 Mr. (Jodinan was luai'i-ieil XoNaanher l(i, 
 lSo4, in rin\ersit\' I'laee (dnn-ch. New ^'ork, 
 to ( 'athcrinc ( '., dauL;litei' of .loliii Kusscl 1 and 
 (atherine M. (('oiluiau) liin'd, of thai eitv. 
 She died Au,^ust lid, ls;i-J. 'X\\v\ ha<l live 
 children: ( atherine Auiory, at lioinc: Kohcrt, 
 jl'., wdio was grailuatcd tVoui Ilai-\-ai'd in 1 SSi; 
 and is niiw ( 1 Si»S) I'ector of St. .1 oh n's church, 
 Koxhui'y : A I'l-hiha Id, who was Lii'aduatcil tVoni 
 Trinitv ('olleiic in liSS.l, hccaiue I'cctoi- of the 
 (diurcli of < )ui' Sa\'ior at KosI indah', Mass., and 
 (lied May 4, IstH : I'Minund I)wi^ht, who was 
 graduated fi'oiii llaiA'ai'd I 'iii\'ei'sitA' in 1 S.Sli 
 and is now pi-esi(l(ait of Ihe i'dlchhui-^ Kail- 
 roadt '(")iii](any : and Ste[ih(ai Russell IIur(l,an 
 ar(diitect of ISoston and a ^I'aduate of llai-x'ard 
 in the class of IS.SS. 
 
 Hi'ahrook until <)etohci-, iSflT, when li(M'nfei'e(l 
 the law otlice of James M. Keith. In tJie in- 
 terval hctween lea\diii;" Ihe public schools a nd 
 het^'inin'nc' the sindy of law hi' was a eoiisfanf 
 student, either alone (II- under pi'ivate t,oa(diei's, 
 and thus litte(| hims(df lo eidei' the pi'ofession. 
 lie was n'l'aduated h'om Ihe IfaiA'ai'd Law 
 Schocd in |S71, and on Api'il loof |,lie same 
 year was admitte(l to the SuH'olk bai-. Since 
 Ihen, with the exception of one or I wo hiaef 
 inten'U|itioiis, he has successful Iv practice(l his 
 
 I'.ATRICK A. COLLINS, 
 
 p 
 
 A'rUli'K AXI)i;i-A\' (OLLIXS, I'loston. profession in Boston, foiiiiiii^ in Ist);! a co- 
 former iiiiauhci' of couL;rcss and I'liited parliic'rshi]i with .Judge John W. ( 'orcoran. 
 States ci)iisul-g(aici'a 1 at London, is the son of \\dn(di still coidiimes. I le was admitleil to the 
 Bartholomew and .Mai'\- (Leahy) ( 'ol liiis, and hai' of the I'niteil , Slates (_'ir(aiit ( 'oui't in LS7;; 
 
 was horn iieai' Lei'mo\', founts' ( 'ork, li'cland, 
 March 1--', LS44. In Isfs, his fatliei' liaN'ing 
 died, he was hi'oughi l>\' his widowc'l uiothci' 
 
 and to that of the Linted Slates Supi'eme ( 'onrt 
 in isys. 
 
 Ml'. ( 'ol liiis's professional career has been a 
 
 to ( 'helsca, Abiss., wliei'c he began hiseducation brillianl one li'om t he stai'l. Ilisnalni'.d legal 
 
 in the [)ublic schools. In Ls")7 molhei' and ipial ilicatioiis coudiined with gi'cal industry 
 
 son remo\'cd to uoi'thci'h Ohio, and Ihei'c he and pci'S"\'ei'aiice I'apidly gained for him a 
 
 worked on a fai'iii, in a coal mine, and in a I'ecogui'/.;' 1 slaiidiug al Ihe Boston bai', and for 
 
 machine shop al dilfei'cnl tiuies. 4A\'o yeai's many years he has been one of ils honored 
 
 later, in the fall of LSolj^ he rcliii'iied alone to leaders. lie is a wise ciiiniscloi' in whose good 
 
 Boston and leai'iicd the business of upholster- judgmeid and sound common sense a client 
 
 ing wdth V. .M. Holmes A <'o., and acted as can s.dely fi'usl. As an aiL'ocafe belore (-(mii'Is 
 
 foreman in thai estalil ishment and for \\. \\. and jui'ies he is speciall\' sli'ong, baxing the 
 
62 
 
 THE JUDICIARY AND THE BAR OE XEW EX GLAND. 
 
 aliility t(i iriarslial facts that is at once (.■oiii- 
 l)relieiisi\'c and coiu'lnciii^. His i>i'acti(.-(' lias 
 Ijeen fvoui tlif tti'st of a general eliai'ai-tci-. and 
 includes an i.'xtensi\'e corporation and local 
 and foreign commercial liusiness. He has never, 
 however, jiracticed on the criminal side to any 
 extent. In politics lu' has always heen an 
 ardent I)emocrat, and for many years he has 
 heen one of his party's most trusted leaders in 
 Massachusetts. He was a mi'iiiher of the lower 
 house of the Le.uislature in lS(;.s and l.St;:-)and 
 of the Senate in Isyil and iSTl. and in the 
 latter yeai'ser\'ed aschaii-man of the jiiint coiri- 
 mittee on liarhors, heini;' the oidy l)emoci'atic 
 chairman of any conniiittcc at that time. He 
 \\'as a re[)resentati\'e from Massachusetts in the 
 4Sth, 49tliand "(tltli Con-resscs at \\'ashin-ton, 
 where he ser\'ed durim; the entire pei'iod as a 
 memher of the judiciary comnnttee. In the 
 r)()th ( 'onu'i't'ss he was also a nu'mhci' (jf tln' 
 ciirnmittt'con l'a(dficrailroads. He hail charue, 
 wdiile a meiidier of the House, of the hank- 
 ruptcy hill, the cop\-i-iL;ht hill, the l''i'ench 
 spoliation claims, the Alaharna claims, and 
 various other im[)ortaiit matters aftectinn- New 
 l']ngland. ami in e\'ery capai.-ity won the ap- 
 pro\'alof not only his constituents hut also the 
 ccuintrv at large. In Ma\', 1S9.']. he was ap- 
 pointed hy I'l'csident ( devadand consul-general 
 at London, wdnidi position he held until May, 
 l.SflT. He was (diairman of the 1 )(aiioci'ati(; 
 ( 'ity ( 'oiiimitti.'i.' of Boston in 1S74 and ISTo 
 and of the Hemocratic State ('ommittee of 
 Massachusetts from 1,S,S4 to ISlM), ami pivsided 
 over several State con\"entions. He was also 
 a delegate at large tVom Massachusetts to the 
 Hemocratic National ( 'innaaitions of jST'i, 
 Is.so. l.sss, and lsi-)-J, and as permanent (diair- 
 man pi'csided o\-er that of ISS.S. fVir fcair 
 years he was judge ad\'ocate of the I'drsi Brig- 
 ade M. \'. M., and in 1 ST."] he \\'as Judge ad- 
 N'ocate-giaiei'al on (io\-i'rnoi' ( iaston's staff. He 
 is nr)w a memher ot the commission to revise 
 and (/oirsdliiliitt' the statutes I'clating to the 
 (dty of Boston. 
 
 Mr. ('(dlins is ;in ahle and talenteij orator 
 and has often heencalleil upon to didi\"ei' puh- 
 
 lic addresses, princi]ially on political suhjects. 
 In ofHcial life as well as in the jiraetice of his 
 profession he has achieved that prominence 
 and distinction which true merit, learning, and 
 natural ahility always i)roduce. He is an em- 
 inent la\\'\"ei', a good dipdomat, an eloquent 
 speaker, and a ])rogressive puhlic spirited cit- 
 izen. He is one of the original memhers of the 
 ISoston Bar Association mid a mernljer ot its 
 couiudl or g(j\-ei'ning hoily, and also a memher 
 of the National liar A.s.sociation. He has heen 
 a director in the International Trust Comjiany 
 since its estahlishment in Bs.sd, and is a mem- 
 her of the coi'poration of the L'nion Institution 
 for Savings. He is also chairman of the Amer- 
 ican Board of Ti'ustees of the National Assur- 
 ance ('omjianv of Ireland. He is a menihci' 
 and former president of the ( diaritahli.- hash 
 So(detv of Boston, the oldest (d\dc organization 
 ill continuous existence in the country. He is 
 also a memher and rme of the founders of the 
 ('athiilic Union, and a niemh(.'r of se\'eral Bos- 
 trai ( duhs ami of the ]\ranhattan and I )emo- 
 cratic (dulis of New York. 
 
 •lulv 1, Isy;!, Mr. ('ollins was marrieil to 
 ]\Iiss Marv E. Carey, of lioston : tlie\" lia\e 
 tliret' idiildren: Agnes It.. Maile K. and Paul. 
 
 JOHN TVLF.i; WHKELWUIGHT. Ik.s- 
 t_J ton. is the son of (ieorge William and 
 Hannah Giddings (d'yler) ^\dleelwright, and 
 was liorn in Uoxhury (miw a part of Bost<ai), 
 Mass.. Fehruary ".^li. l.s.")(i. Rev. .loliii Wheel- 
 wright, his first American ancestor, was grailu- 
 ated from S\'(lnev-Sussex ('ollege. ('amhridge, 
 l-jiglaml. in l(il4, heing a classmate and frieml 
 of ('romwell. He hecame vicar of ISilshv in 
 lli-'ii^.and in Ki-'Sli came wdtli his family to ^\'lll- 
 laston, vdiere he was soini in hot controversy 
 wdth the co]iser\'ati\e party. He stoutly defend- 
 ed freedom of spi.'ech and liherty of conscience 
 with the I'csult that he was found guilty hy the 
 < General (_'ourt of '^sedition and ccmtempt of the 
 ci\dl authorities " and Iianishcd. Inl().'!7 he 
 founded the settUanent of F.xeter. N. H. A 
 
BIOGRAPHICAL.— MASSA CHUSE TTS. 
 
 63 
 
 sbfirt tinu' aftcrwnrd lio also liccainc the tnuink'i' 
 of Wells, ^[e. In 1(147 \\v was maiU' assistant 
 })astor of the ehureh at Hanniton and later 
 })astor at Salisl)ury, where he dieij NoN'endxT 
 1.1, Kiyi), at^ed ei,^ht\'-se\-en. Charles l''i'a,neis 
 Adams says: "The seed sown hy Wheelwright 
 in 1637 here its fruit in tlie gi'eat New Isngland 
 [irotest of two Centuries later, wdien, under the 
 lead of (.'banning, the descendants in the se\-- 
 enth generation of those who listened to tlie 
 first pastor at the Mount ln-<ike away linally 
 and forever from the religious tenets of tlic 
 Puritans." 
 
 Kev. ^\y. Wda'elw right's lirst wife died in 
 lliod, and lie married Mary Hutchinson, sister 
 of Anne Hutchinson. His son Thoinas, l)y liis 
 first marriage, settleil in Wells, as did also 
 another stm, Samuel, lioth ligured conspie- 
 nously in religiijus and go\-(a'nmental atiiiirs. 
 The latter connnandcil a g^n-iison in King 
 Philip's war, became a colonel, n'pivs(aitative 
 to the General ('oui1, mcmlierof the Maine and 
 Massachusetts Provincial Councils, and Judge 
 o*^ probate and of the court of ( 'omrnon Pleas. 
 •Tolni Wheelwright, son of ('oloncl Saimn'l, 
 also served as representatix'c ami in the Pren(/h 
 and Indian war, becoming a colonel. He was 
 twice a commissioni'r to the Indians, n coun- 
 selor of the Pro\dnce, and judgi'of probate and 
 of the C/ourt of ( V)mmon I'Icas, and has been 
 called " the bulwark of Massachusetts foi- defense 
 against Indian assaults." He died August !•'), 
 174o. ( 'ol. .lobn Wdieelwright's gi'aiidson 
 •leremiah was commissary in Aiiiold's expcili- 
 tion to ( 'anada. and died in 177S ti'om the 
 effects of e.xposui'c in that campaign. His son 
 AI)raham ser\'ed in the ( 'ontincntal ai-my fi'oin 
 December, 177o, to .luly, 1777, and IVom that 
 time until the (dose of the \\y\v he scr\"cd on 
 privateers. His son .Icrcmi;di, gi-aiidfathcr of 
 .John T., the subject of this sketch, was a ship 
 master and was lost at sea. ( ieorge William 
 A\dieelwright, the son of .ler(aiiiah, estal)lislied 
 a large })a]:)er maiuifacturing business about 
 1850 which is still carried on in Massachusetts. 
 Ide died in Decembei', ls7!). His cousin. Will- 
 iam Wheelwright, founde(l the I'acilic Mail 
 
 Steamship ('ompany ami built with Lord 
 Prasscy, s<'veral railroail lines in the Argentine 
 Iiepublic. .fohn Tylei', great-grandfather of 
 AFi's. Hannah (liildings (Tylei-) \\ heelwi'ight, 
 was the tirst settler of (Jlaremout, X. H., about 
 17o(), remo\'ing there from Norwich, <'oini., 
 wdiere his father was i'ectoi'i)f a chui'ch. 
 
 ■lohn Tylei' \\dieel wright was gi'aduate(l iVom 
 the i;<ixbury Latin School in LS72, and then 
 (adered Har\'ard bniversity, I'l-om which he 
 was lii-aduated in l.S7(i. Wdnle in colleec he 
 
 JuHN r. WHEELWRIGHT. 
 
 was one of the founders of the Har\'ard fjam- 
 ])oon, and a mend ler of the Hasty Pudding ami 
 A.I). Clubs, the Institute of 1770, the Delta 
 Kappa I^psilon ami the ( ). K. In Ls7(i he 
 entei'ed the law ofHce of lii'ooks. Pall iV' Storey, 
 in Poston, and in the autumn of the next year 
 became a student at the Ibnwai'd Law School, 
 passing his examinations for ad\"anceil attend- 
 ing without conditicais. He wasgraduate<l from 
 th.at institution with the degree of LL.li. in 
 •June, 1 S7,S, c("intimu'd his studies in the same 
 ofHce, and \vas adnntteil to the Sull'olk l>ai' in 
 April, l.S7ib In the autumn of that, year he 
 began the active practice of his profession in 
 Poston, and in Afai'i-h, PSiHI, he was ap|(ointe(l 
 assistant corporation counsel for the cit\' of 
 
64 
 
 THE JUDICIARY AND THE BAR OE NEW ENGEAND. 
 
 Boston, and is ikiw assistant city solicitor. He 
 lias i^ivtMi special attention to connncrcial law 
 and has acted as counsel for several large cor- 
 porations, an<l has also had an extensi\'e ])ractice 
 hefore legislative and congressional curnndtfees. 
 In Novend)er, l.s;»;!, (iovernor Kussell a[)point- 
 ed him chairnian (tf the hoard of gas and electric 
 light commissioners of Massachusetts, which 
 controls the distri])utiitn and price of gas and 
 electric lighting in tlie ( '(Hinimnwealth. and he 
 served in that eajiacity until July, 1 s<)4, « lien lie 
 resigned. In tlu' frillowing Septemher he ar- 
 gued, with ( iox-erridi' Russell, the i|uestion of 
 tlie legal consti-uction of that [)art of the tariff 
 hill relating to the wool s(diedule hefore the 
 secretary of tlie treasury at A\'ashington. 
 
 ill politics Mr. \\'lieeh\-right has hcen a 
 Democrat, and in Is;);! and 1S94 was a mern- 
 her of the Democratic State Conninttce and 
 chairman of its finance committee. lie has 
 Iwen especially acti\-e in cam[iaign work, and 
 managed three congressional campaigns for 
 the hxte John F. Andiew, t\\d of them to a suc- 
 cessful issue. In 1.S92 he was an alternate 
 delegate to tlu' National Democratic ( 'on \-en- 
 tion, and for three years licsei'\'ed on ( ioN'ei'iioi- 
 Russell's staff. lie has wi-ittcn iiumo'ous ai'ti- 
 elesffirthe jire.ss, especially foi' Life, tlie Hoston 
 Advertiser, and leading magazine's, and is the 
 author of ''A (Jiild of the- ('entui'\-." "The 
 Hasty rudding ('luli I'oem of ISD.l" and otliei- 
 stories and re\'iews. In collahoration with 
 Fi'edcric J. Stimson. familiaily known as " .1. ,S. 
 of Dale," he also wi'ote '■ Kollo's -Fournev to 
 Camhridge." He was hr.m August. Is97, hi 
 August, lSi).S, acting park commissionei- of 
 Boston, and is secretary <if the llai'\-ard ('lass 
 of I'S7(), ami a memhei' of the Somia-set. Dinon, 
 and Country Cliihs of IJoston, the Deform and 
 University ( 'lulls of New Voi'k city, the Mvopia 
 Hunt dull of Hamilton, Mass.. and the Bar 
 Association of the city of Boston, to wJii(Ji he 
 was elected in Is.s."!. He is unmari'ied. 
 
 the niidh generation of ('a])t. Koger (Jlapp, 
 oiu' of the founders of Dorchestei', ^Fass., in 
 Ki.'iO. His grandfather, Martin Har\-ey C'lapji, 
 a farmer of Montague, Mass., was the grandson 
 of ('apt. ]\Ioses Har\ey, an officer in the Dev- 
 olutionary war. and was prominerd. in puhlic 
 affairs. ( ieoigc A. Clajip was a successful 
 merchant and manufacturer in Moidague; his 
 wife's ancestors also fought in the Rex'olution 
 and were acfi\'e in ei\'il affaii's. 
 
 i;ui;ki;t r. CL,\ri 
 
 ROJiKirr I'AKKEl; CLAI'I', Bost.iu, is 
 the son of ( Jeoige \. and Iivne Fi-ank- 
 lin (Barker) Clapji. and a lineal descendaid in 
 
 Kohert 1'. ('la[i]i was horn in Montague, 
 Fi'anklin county, Mass.. ( )etoher lil. fSoo, and 
 aci|uired his early education in the common 
 schools of his nati\'e town. lie pi-epared for 
 college at the Montague High .'-School and at 
 A\'illiston Seminary in Fasthampton. and in 
 the fall of iSTo entered Haiward ('rJlege. h-om 
 which he was gi-aduated with honor in -lune, 
 1.S7!-). At lhir\-ard he wasoneofthe founders 
 ot the Ka[ipa Xu. a freshman deJiating societ\', 
 and also a memhei' of tin- lA'i.'ivtt Atheneuni, 
 the Signet, and tin.' I'hi liefa Kap()a. From 
 the day of his graduation he su[>[(orted him- 
 self woi'king his way through the law school 
 h>' tutoring, newspa|)er writing, stenographic 
 repoi'ting. and fitlier occupations. He was 
 gi'aduati'd fi'om the Ilaiward Law School with 
 till' de^iree of LL.B). in 1SS2. and ilurina the 
 
BIO GR A Fine A L . —A fA SS. I CH USE T TS. 
 
 n.:) 
 
 tifxt t \\'(i yciii's tauniil slidrtliaiiil hi the IJosldii iiuniln'i' of nilili'i'sscs on |)nlil ic (icca,--ii>ns, iiota- 
 e\-euillg hiuli scIkmiI. In ISS.") he \\-iis made Illy ()iiel)i'f(>iv the I'nciiniluck \'all<'\' Mi'iiKirial 
 
 sc'CR'tary (_)f the IxianI of niaiiam'i's of the (1\il 
 St'VN'ic'e Ucc(>i-(|, of wliicli he had ('(Ihorial 
 cliaroi,- in Issd, 1SS7, ls,ss. 
 
 Association al ^h>nla^■|l(■ in ls;).j. 
 
 A[r. ('la])p was iiiaiTJi'd ()ctoh(.T JlS, Issi;, to 
 Mar\' Lizzie, dauiihici' of cx-AhiN-or ( 'harh's 11. 
 
 FRANCIS i'i:AI!( 
 liiifal dcscciidai 
 
 ')( )1 > V, -li'.. IJoston, is a. 
 
 lid of l'"rancis I'caliody, 
 wdio raiiic from SI. Alliaiis, I'hinland, in \^V-V1, 
 to wdiat is now lOssc.x county, AFass., wlici'c the 
 fiiiiily has c\-ci' since i-esided. Anioiin' its 
 iiiiii\' distiiiuuishcd iiicnihiTs was(!eorue I'ea- 
 
 ~\\\. ('lapp eoiitiniieil his le^al stiiilies in Saunders, of ( 'aiiihrid,L;e. They lia \-e t wo chil- 
 l>oston with William ('aleh Lorin^- and the dren li\-inu,- : Lilian Saunders ('laiip, liurn 
 late LJainliridiic \\'adleiuh, and was adiiiitte(l Mandi L'9, Ls!)ii. and Koucr Saundei-s <1a|i)i, 
 to the Suffolk har in I'^ehruary, L^s;',. Here- JHirii NFaivli •_!4, LsDo. 
 mained with Mi'. W'adleiyh h-oiii January, 
 IS.S.'I, to January L L'^Sd, wlien hi' o|iene(l an 
 ottiee for liiiiistdf Li L'^isy (JoNaaaior ,\mes 
 appointed him an associate justice of the Dis- 
 trict (.'ourt of ('(Mitral Middlesex, which |)osi- 
 tion lie re.signe(l ahniit two years later. The 
 Thomson-IIoustoii Ldectric ('ompaiiv, one of 
 his earh" clients, afisorhed a laru'c part of his 
 attention until the siimiiK-r of 1 S,s;), after which 
 he gave himself wholly to its law depai't iiient, 
 until the c(Hiipan\" was merged in the (ieiieral 
 Llectric ('oiiipiiiy in iSOi'. From that date 
 until August. lS!)4, lie de\otei| his time to the 
 law husiness of the latter eorjioration. Ipon 
 the reiuON'al of its main office to Schenectady. 
 X. v., early in 1 S!i4, he rirganized at that place 
 a central law dcpartiiKMit of the company, and 
 ri.'Uiaiiied in charge of it until August, IsiM. 
 lie then resigned this position and resumed 
 the general practice of his jirofession in IJostoii, 
 wdiere he firmed a copartnership with lien jam in 
 X. .lohnson and W. < )i-ison I'liderwood, \\dii(di 
 still continues under the firm name of .lohn- 
 son, ( 'lapp A' I 'iiderwood. 
 
 Mr. ('la[)[) is a la wyer of r<'cognized ability, 
 and a man of siaiiid liiisiiiess judgmeiil. He 
 took u]i his permanent residence in Lexington^ 
 Mass., in Ma\", 1 ssii, and has heeii |iromiiieiit 
 and acti\'e in the alfairs of that town, ser\iiig 
 
 as a rnemher ot the School ( 'omiiiittee for o\'er Imdw, the pliilaiif liropisl . w hose name is one of 
 two years prior to his resign.ation in .March. the most il luslrioiis in New Laigland annals. 
 1.S94, and hiaiig president of the Lexington ( )ne of Mr. I'eahody's ancestors, .lohn Laidicolt, 
 Historical Society for two years. He is now was the first go\'ernor of I he M.assaidiusetis l')a\' 
 
 (1 S99) chairman of the Hoard of Sewer ( 'oiu- ( 'oloiiy and, in I (i'_!S, one of the original sett lers 
 niissioners. He was one ot the organizers of of Xaumke.ag, now Safaii. .loseph Leahoih', 
 the Old l!(dfrv (Juh of Lexingtijn, liecoming the great-grandfither of Lrancis, jr., and Lraii- 
 its lirst president in l.s;)"_', to \\dii(di ollice he cis I'eahodw his son and Ihe hitter's gr.aiid- 
 was twice re-idected. He has d(di\-cred a fither, who married Martha fnidicoft, were 
 
 
 ■*»s. 
 
 
 
 A 
 
 
 
 ^ ^^ 3 
 
 
 
 
 y 
 
 
 '"^^f 
 
 
 M 
 
 
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 ^ 
 
 "* ^^'^^^^^Hl^.^^^^^^^I 
 
 Ih^^ 
 
 
 
 fm 
 
 I'RAN'CIS l'K,\l!UIlV, JK. 
 
66 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 lai;i;(_' slii|) (iwiiers and extoiisivoly en,L;amMl in 
 tlie East India traile, liavin,u,' im[)ortant intei'- 
 ests in ('alcutta. Both of tlioni rt'sidcil in 
 Salem, Mass., where S. l<]ndieott I'eal)ody, 
 father of the sidijeet of this sketeli, was horn. 
 The latter was also an East India inercliant 
 until 1.S71 when ho moved with his family to 
 London, En.i^land, to liecome a memljer of the 
 well known hankiny firm of J. S. Mors^an tt 
 Co. In I87.S he returned to Boston and is now 
 (1.S9,S) [)resident of the American Loan and 
 Trust Company. He mariied Marianne ( 'ahot 
 Lee, daughter of one of ISoston's pronnnent 
 merchants, and one of their sons. Rev. iMidi- 
 cott Peahody, entered the Episcopal juiinstry 
 and founded a Protestant I']piscopal church at 
 Tondjstdiie, Arizona, and a school for hoys in 
 (Iroton, Mass. 
 
 Francis Peahody, jr., is the second son i>f S. 
 Endiciitt Peahody and Marianne Cahot Lee, 
 and was horn 8eptem]>er 1, l.S.j4, in Saltan, 
 jNIass., where he attended private school until 
 he reached the age of sixteen. In 1S71 he 
 accom})anied the family to I'ui^land, where he 
 entered Cheltenham ( 'olleee. He matriculated 
 at Trinity Collee'C, Camhridge, in l.S7;'>, and 
 took the degree of B. L. tln'refrom in the law 
 tripos of .January, 1S77, having a [>osition in 
 the second class. lie als(.) studied law in eliam- 
 hei's at Lincoln's Inn foi- one year, and was 
 admitted to the har of the Middle Temple as a 
 harrister in the lattei' part of 1.S77. In De- 
 cemhei', 1<S77, he i-etvu'ued to Boston and en- 
 tei-ed the law ofHce of Morse, Stone ct (!reen- 
 ough, where lie i-emained one year. Afterward 
 he spent a year in the Har\"aril Law Sidiool and 
 was aihnitteil to the Suffolk har in Xo\'emhei', 
 1H7;). His legal studies co\-ered a period of 
 ahout five years, and included a wide range of 
 English and American jurisprudence. Thus 
 e<|uip]ieil he erdi/red at once into the acti\'e 
 practice of his pi'ofessioii in Boston, and hy 
 industry and aliility soon gained a recogin/.ed 
 standing at the hai-. Asa lawyer and ad\'ocate 
 he has achiex'cd an en\-ialile reputation, ami 
 is an ahle husiness man. His [iractice is <if a 
 general character, and includes the manage- 
 
 ment, as trustee, of a nundier of important 
 estates, trusts, and ottice huildings. 
 
 In politics Mr. Peahody is a Democrat. He 
 was his party's ca-mlidate foi' mayor of Boston 
 against Edwin V. Curtis in Decemher, LS94, 
 and has served as a delegate to several State 
 Democratic conveidtons. But he has never 
 sought political prefernKait ; on the contrary 
 he has steadfastly avoided it, preferring the 
 active })ractice of his pi-ofession, in which he 
 has heen eminently successful. He served for 
 three years on Co\-ernor Pussell's military 
 statf, first as aide-de-camp and afterward as 
 judge ad\'Ocate-general. He is a memher of 
 the har of the Pnited States District and Circuit 
 ( 'ourts and Court of Appeals. Lie is a memher 
 and tormer president of the Algon(piin Cluh : 
 a memher <if the Country, Papyrus, ami Som- 
 erset Cluhsand other organizations ; a director 
 of till' American Loan and Trust (.'ompany, 
 the Liuted EliM/tric Seian-ities ( 'ompany, and 
 st'\"eral other corporations : and a trustee of the 
 Bovlston Street Land ('omj)any and of tlie 
 ( ieorge PeaKody Family Fund. 
 
 Ml'. Peahodv was marriiMl .laiiuary Li, LSSl, 
 to Rosamond, daughter of the late Alihott 
 Lawrence, of ISoston. and they have three 
 daimhters : Itosamond, Martha and Svlvia. 
 
 T1I():MAS .loHX (L\R(L\X. P,oston, one 
 of the leading naauhia's of the Sutl'olk 
 har, was horn in Boston, Mass., ( )ctoher '11, 
 lS44. He is one of nine children of l*atri(d^ 
 and Rose (( iarland) Cargan, Loth nativesof the 
 uiirth of Ireland, and a grandson i:it Thrmias 
 (iarland, a prominent Boston t-onfectioner. 
 His UK.ithei- is still li\ung. His father came to 
 l'>oston in LSl'."), and foi' many years was a 
 leading mason and conti'iictor. Mr. (-iargan 
 was educated in his nati\"e city, graduating as 
 a medal sidiolar from the l'hilli}>s (irammar 
 School, attending the l>oston l^atiii School, and 
 tinishing under the [irix'ate tutelage' of Rev. 
 I'eter Krose, S. .1. In Decemher, lS(i:^, wlieu 
 eighteen yi.'ars of age. he enlisted in the Luion 
 arm\', and was ek'cted and commissioned set-- 
 
BIO GRA PI lie A L . —MA SSA CH USE T TS. 
 
 (i7 
 
 011(1 lieutenant of ( 'o. (', iiiiattaclied, tliou,u,li 
 intended for the •'lotli ■Muss. lie^t^t. I'lider eon- 
 solidation this eoiupany l)eeanie a ]>ai't of tlu' 
 48t]i jNIass. A'ols. After a ser\'iee of al)0u1 \\\v 
 montVis ^Ir. (Jarj^an resigned, and on retunnuL; 
 to Boston was made tlu' New England at^eiit 
 for tlie great eoimnissioii liouse of A. it \\ . 
 !Si)ra<j,ue tt Co., of l'ro\-ideiiee and New Yoi'k. 
 
 'll-IO^rAb J. i;.4Ri,.'\N, 
 
 111 tliiseaiiacdty he met with marked suecess 
 and gained a wide aei|uaintanee, hut the tiehl 
 did not otter liim tlie co\-eted (jjiportuiiity of 
 developing and dis[(luying those hrilliaiit ora- 
 torieal and iiitelle(;tual powei-s wdiich lia\'e 
 since hrought him distinction and honor, lie 
 therefore turned to the law as a jirofession, 
 entering, in l'S7"i, the Boston rui\'ersity La\^• 
 School, where he took his degree of LIj.I). in 
 June, ]X7'"). lie also studied in the office of the 
 late Hon. Heiir\- \X. I'aine, of ]5oston, and was 
 admitted to the Huftblk har in Ajn'il, IST'I, 
 shortly before his graduation. Siia-e then he 
 has l)een in active and successful practice in 
 Boston, fonriing his present and only jiartner- 
 •ship in 1.S94 with Patrick M. Keating. 
 
 Mr. (iargaii is one of the ablest nieirilicrs 
 of the Ijoston bar, and has prr)balily a(dMt'V(.Ml 
 as brilliant a record as any li\-iiig lawyer in 
 
 New iMiglaiid. Jle rapidly gained a high j)ro- 
 i'essional standing as well as an exteiisi\'e gen- 
 eral practice, and in the trial of causes has \\'on 
 lasting and honorable distinction. As a jury 
 ad\Tieate and pleader he has few if any supe- 
 I'ioi's. I'dssessed of an e\'enly balance(l mind, 
 a wnnderhil iiiemory, keen wit and ready 
 repartei', and sound discriniinatiiig judgment, 
 he is es[)ceially strong Ijefoi'c juries, and for 
 many years has been a coiis})icuous figure in 
 the courts. He was the counsel for Archbishop 
 Williams in the C(debratt'd Lawrence Cburcli 
 case, 141 Mass. Reports, upon \\diich restcil the 
 title of all liornan Catholic church jirojierty in 
 New England. This case, entitled Leahey vs. 
 ^Villialns, wdiich was won by Mr. (iai'gan in 
 the Hu}ireiiie Judicial Court, involvetl, jtrimarily, 
 the liability of a Itoman Catholic bishoji for 
 the def)ts of his curates and priests in his diocese, 
 and has become a leading one not only in New 
 England, but in the United States. Mr. <iar- 
 gaii has also been counsel in numerous will 
 cases, public and k'gislative im'estigations, 
 commission proceedings, petitions, etc., includ- 
 ing the recent interesting will case of I'astene, 
 Ex(.'cut<ir, vs. ISonnie (l<S97j. 
 
 I)Ut it is as an orator of uncommon ability 
 that he has won the greatest distinction and 
 fame, and in this connection his professional 
 as well as his ci\'il and public life may be con- 
 sidered. While a youth be dis}ilayed orator- 
 ical gifts that ha\'e won admiration both here 
 and a])road. Before be was seventeen he de- 
 li\'e)eil an "Essay on the Irish iu the War for 
 the rnioii," under the auspices of the ( 'beverus 
 Literary Listitute, of which be was a leading 
 iiK.aulier. His first ap[iearanee as a public 
 speaker was during the wai-, and so earnestly 
 and eloijuently did he uphold the Union cause 
 that be was unanimoLisly idectcd a member 
 of the Union committee. With a Huely mod- 
 ulated voice, which is at once penetrating and 
 pleasing, he reaches the hearts of his hearers 
 and holds their attention without a[)})arent 
 effort. His manner is commanding and court- 
 eous, his delivery gra(;ehil and full of force, 
 his argument sound and logical. Hisspeeches 
 
68 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 ai'c puiK'turcil with \\\\ wwA liuiiior, and evince 
 <!('(■[) tlidU^lit, cLilture ami litcrai'v acuiiK'u. 
 He is a thovou^h student of Iminaii nature, a 
 scliolar of x'aried attainuieiits, and a man of 
 tlie liij^iiest eliaraetei- and integrity. 
 
 Amoni;' liis many speeches and adilresses may 
 l)e mentioned tin' folldwinu,' : At the ratitication 
 meetinti' of IJutler and fSowerman at Marl)le- 
 lieail, l.s,s2: in the House of Ke[)iX'sentatives 
 against the Ijill taxing ehurcli propei'ty, l'S75 ; 
 annual oration hefore the IMeehanie Appren- 
 tiees Lihrary Association i>f Boston, iSTfi; as 
 ]iresident of the l)an(|uet giwn in honor of 
 (leneral (irant hy the Mexican government in 
 the Tivoli of San ( 'osnie, Mexico, in Ahty, Issl ; 
 r>ay State ihnner on the occasion nf \\'ashing- 
 ton's birth(hiy, connuenKii'ated l)y tlie ^hlssa- 
 clnr^etts State 1 )i'inocratic ( 'enti'al ( 'omniittee, 
 1SS4: tlie Aremnrial Day oi'ationsat ^\'inchen- 
 don, Mass., .^^ay ;i(), iss:, and l.s;)4; Fourth of 
 July oi'ation for the city of lioston. 1 SS.") ; at 
 the l)an(|uet gi\'en l)y the ( 'liaritahle Irish So- 
 ciety of Ihdifix, X. S., to celehrate its KMIth 
 ainiiversary. at wliicli he representi'd the('liar- 
 itahle Irish Societ>' of ISoston : eulogv on the 
 late(!ov. \\'illiam ( iaston hy invitation of the 
 city of Boston, 1X94; at tlie un\'eiling and 
 jii'esentation to the city of Boston of the .lolm 
 Boyle ()'I-ieilly group, ISIM;: and a eidog\' at 
 the memorial mei.'ting in Boston on the late 
 Ivhnund liatch Bennett, LL.l)., isys. He is 
 also the author of numerous political and other 
 addresses, of letters to the [iress on Irish suli- 
 jects, and special correspondence relating to 
 the Franco-Prussian war while traveling in 
 Ireland and France. He has heen a ready and 
 strong (k'hater from early life, and for iuan\' 
 years has heen recognized l)y the press and 
 jiuhlic as a brilliant, eloipienf ami luasterly 
 orator. 
 
 Ml'. (Jargaii has also heen prominent in pub- 
 lic and ei\'il life, holding scN'eral positions of 
 trust and honor. He has always beiai a lead- 
 ing Democrat, and when tweiitv-oin' vcai's of 
 agt' was elected wai'den of his wa I'd. In l.S7i^ 
 he was a delegate al huge froiu Massachusetts 
 to the National Democi'atic ( 'on\-eiition al l!al- 
 
 tiiiiore: in 1(S,S4 he was a delegati' t(.) the Na- 
 tional Democratic ('oii\-ention at Chicago ; and 
 in l.S9(i he was chairman of the committei' on 
 resolutions at the Alassaehusetts Democratic 
 State ( 'oiuH'iition. He was a member of and 
 made a brilliant record in the lower house of 
 the Ma.s.sachusetts Legislature in I. SOS, DSTD 
 and l.S7<) ; member of the Board of Overseers 
 of the I'<iorof Jioston in l.STo ; chairman of the 
 Itoston Board of License Commissioners in 1877 
 and 1 S7S ; member of the P)oard of Police ( 'oni- 
 luissioners in l.s.sil and l.SSl; member of the 
 Boston Subway and Transit Commission since 
 l.s;)4; and the head of the Democratic pres- 
 idential electoral ticket in Alassachu.setts in 
 lS9(i, in which year he declined the nomina- 
 tion f )i' gd\eriior. He is a tariff reformer of 
 pronounceil pro(di\uties, and an Irish-American 
 citi/.eii wdiose public spirit and patriotism ha\'e 
 e\-er been among his leading characteristics. 
 lie is president and a member of the executive 
 committee of the American Irish Historical So- 
 ciety, a trustee of the ('atholic Summer School 
 of Amei-ica, and a meiriber of the ('atholic 
 I'nioii, the Mt. Pleasant ('ouiicil, Knights of 
 Columbus, the ('ni\'ersity and Pajiyrus ('lubs 
 of lioston, and the ('atholic and ('hamplain 
 ('lubs of New York. He is also a member of 
 tire ('haritable Irish Society (organized in 17-')7), 
 tile oldest ci\dc society in Boston in continual 
 existence, and has ser\'e(l it as president. He 
 is oiR- of the foundi'rs and is a director of the 
 Lnited States Trust Company, of lioston, and 
 is a member of the bar of the I'liiled States 
 Supreme ( 'lairt. 
 
 Septeuilier 1 !», iSdS, Mr. ( iaigan married 
 Catherine L., daughter of Laui'ence .McCrath, 
 of P>oston, who died in August, ls;i2. Mar- 
 iit'd a second time to Helena X(jrdhofl', ISit.S. 
 
 SA.MLLL LELAXD POWFUS, B,,ston, is 
 the youngest son and child of Lai'ued and 
 Puby (Barton) Powers, and was born in Cor- 
 nish, X. II., October l!(i, 1S4S. His fniiily, so 
 tradition asst-rts, is of Xoi'man descent, liut, at 
 
BIOGRA PHICA L.—MA SSA CHUSE TTS. 
 
 69 
 
 liny rat(.', since tlic dny wlieiia ]a' Vow llii'urrd 
 as OIK' (if llu' l)va\-(.'st m'lK'rals in the battle of 
 Hastings, umler \\'illiaui the ('oiM|iu'ror, tlie 
 nanic in its \-arious tonus of spcllini;- lias reju'e- 
 st-nted a patriotir, lira\'i' and honest I'ace. The 
 fii'st American ancestor, Walter Powei', was 
 horn in iMiyland in l(i;Ut. came to Massachu- 
 setts in eaiiy lite and on Mai'ch 11, !()()], mar- 
 ried Trial, daughter of Deacdii Ralph and 
 Thankes Shepard. lie setth.'d in Littleton, 
 near Concord, Mass., and died l'\'hi-uai'V '22, 
 
 SAM LEI. L. POWERS. 
 
 ITHS. Ilis (ddest son, William, had by his 
 wif(.' Mary a son also named William, who 
 mari'ied Lvdia Pei'liam, ami wdio with otla.a's 
 of that generation ailded the "s" to tin.' name, 
 makin,t;' it I'owers. Lemuel I'<i\\'ei-s, ^'reat- 
 ^randfather of Sammd 1^., was a soldier in the 
 lievolutiojiary «"ai' and li\"ed in Lxbridge, 
 Mass., wdiere his son, < 'oh Samuel IViwei's, was 
 born. The lattei' also enlisted in the wai' of 
 the Revolution, at the ag'C of seventeen, and 
 si'r\'ed throughout the struggle, rising to the 
 position of colonel. From the family of 
 Thankful Leland, of Lxbi-idge, wife of Lemu(d 
 Rowers, the subject of this artiide deri\'es his 
 middle naiTK.'. Larned Rowers, his fathei', was 
 the A'onngest of t weh'e childl'en of ( ol. Sannud 
 
 l'o\\'ei's, and dai'ing his acti\'e life was a pronn- 
 neid and respecleil fariiK.a- near th(.' ( 'onnecti- 
 <ait liiN'oi' in ('ornish, X. IL lie was a -lack- 
 sonian Democi'at, and died in l.S9(i, at the age 
 of eighty-eight. Ilis \\dfe Ruby was a daugh- 
 ter of -lohn Ikirtiin of t'l'oydon, N. II. , the 
 granddaughter and gi'eal-gi'anddaught(.'l' of 
 Rt'N'olut ionary soldiei's wdio participated in 
 llie battle of Runker Hill, and a lineal de- 
 scendant of Rufus Rai'ton, wdio came to New 
 I'aigland in the seventeenth century. Her 
 family was also cianu'cted wdtli (leiiei'al liarton 
 of Re\'ulutioiiary faivie. 
 
 Samuel L. Rowei's att(aided the public 
 schools of his native town ami fitted for col- 
 lege at the Kindiall I'nion Acaihaiiy and at 
 the Rliillips Lxeter Acadcany, both in New 
 IIam[ishire. In ]cS7() he entered Hartmonth 
 ('ollege, from wduch he was gi'aduated with 
 honors in ]<S74, becoming a UKanber of the 
 Hcdta l\ap[ia Lpsilon fraternity and i'ecei\'ing 
 \\hil(.' llaa'c the Lockwond prizes for proficiency 
 in both rhetoric and elocution. He stood well 
 in his (dass, and as a student develo[ieil those 
 s(diolarly and mental cbaractei'istics which 
 distinguished his ancestors, and \\dji(di ha\'(.' 
 sca'ved him well in prcjfessirmal life. He had 
 already decided u[)on tlu' law, for wdiieli he 
 eai-l\' displayed natural (pralillcations, and im- 
 mediatidy aft(.a' graduating he entered the 
 ((tfice of Hon. William W. Railey of Manches- 
 tia", X. II. , \\dd(di he soon k'ft to become a stu- 
 dent in the law department of the l'ni\'ei'sity 
 of the t'ity of Xew York. He rtanained there 
 one year and idf(M'ward continued his legal 
 studies in the uthce of \'ei'y it (daskill,of Woi- 
 i-estcr, Mass., the junior membei- of wducli hian 
 is now an associate justice of the Superior 
 ('ourt. Mr. Rowta's was adiiiitte(l to the bai' 
 at Woi'cest(a' on the 17th oi Xm'iaiiber, lS7o, 
 and on -lanuai'y 1, l.S7(), began acti\a' practici.' 
 in Boston, wdaa-e he soon gained a standing as 
 a lawy<M- of marke(l ability and uutiring indus- 
 try. I)ui-ing his lii'st year he was a partner 
 of his college classmate, Hon. Samuel Walk(.-'r 
 Mcf'all, now and for se\-eral years past a mem- 
 bta'ot coiigi'css. Since then he has successful h' 
 
THE JUDICIARY AND THE BAR OF NEW ENGEAA'D. 
 
 practiced alone witli the exce]ition of inur 
 yeai's, tVoni l.sy.s to ls«2, when he was asso- 
 ciated Avitli (,'ol. Josiah 11. Benton, jr. 
 
 Mr. Powers devoted hinisidf to the general 
 practice of tlie hiw until ahout 18^7, wlien, 
 having given consiilei-ahle time to the study 
 of electrical science, he decided to make a spe- 
 cialty of law in its a})plieation t" electrical 
 matters. He was one of the first lawvei-s in 
 the country to take up and specialize this 
 l^ranch of the lu'ofessiuii, f^rmi that time to 
 the present he has Ijeen almost exclusively 
 empliiyed in representing, as ciaiiisel, corpura- 
 tions and inili\'iihuils engaged in electi'iral 
 operations, not only in Massachusetts, liut als<'i 
 in varifais otlier States, [)articularly in New 
 England. In tliis department lie lias heen 
 eminently successful, gaining a reputation 
 A\diich is l;)y no means conHiii'il to his own 
 cit\'. lie has l)een tlie general counsel for the 
 New England Telejihone and T(degraph ('nm- 
 pany since 1.S87, and for several years lias also 
 acteil as counsel f)i- tlie (lamewell Fire Alarm 
 Telegrajih Company and fni'a large numljerof 
 other coi'porations connected with electrical 
 husiness. 
 
 Mr. Powers mo\'('d his residence fro)ii Bos- 
 ton to Newton in Iss:!, and since then has 
 been acti\-e inthesoeial and political atfiiii's of 
 the latter city. He sei-\-ed in hotli hi'anches of 
 tfje Newton city government, being a member 
 of the ISoard of Aldermen one term and pi'esi- 
 dent of the ( 'ommon < 'ouneil three yi'ars. He 
 has also been a membei- of the Sebool Hoard 
 for several years, and in Isss was prominently 
 mentioni'd as the Republican candidate foi- 
 C'i:ingress. lie was one of the f unidei-s and is 
 ■still a member of the Xewtmi <'|nb, wdiieh be 
 served four years as president, and of whieh 
 he was the hrst \'ice-presiileiit : is a director of 
 the Newton ami ISnston and se\'ei-al other sd'eet 
 railw;iy companies: is a memlier of the I'ni- 
 versity and Algoni|uin ('bibs rif Boston: and 
 was f:ir three yeai'sa membei' of the hii'st ( 'or[>s 
 of ( 'adets and fol' two yi.-al's a meliibc]' of the 
 Piei-ce Life (biard. First liegt,, M. A'. M, Fie 
 lias alwa\-s shown ^reat interest in educational 
 
 matters ami in 1S9.'> established a scholarship 
 at Dartmouth which bears his name. Fle has 
 delivered a nuiiiber of public addi'esses, some 
 of which have been jiul)lislied, and in every 
 cai)acity lias displayed the characteristics of 
 a [latriotic, public s[)iritcd and ])rogressive 
 citizen. In polities he is a Itepublican and in 
 religion a ['nitarian. 
 
 .lune '1\, l.sy.'^, Mr. Powers \\as married to 
 Miss E\a Crowell. daughter of Hon, Prince S. 
 frowell. f)f I)ennis. Mass.. and they have one 
 son, Leiaiid, born .luly 1, Is!-)*.). 
 
 CllAIiL 
 Bostol 
 
 HAIiLFS FRANKLIN K1TTUFD(;E, 
 
 111. son r>f l'"raiikliii ()iis Kittredge, 
 and Mary Ann Futton. was born in Mount 
 A'ernon, N. IF, Fel)rnary -!4, Fs41. The fmi- 
 il\' is de-^ceiideil from the Kitti-edges of Fowe- 
 stotfe, Suffolk county, lingland. and foi- maii\- 
 g(.aieratioiis has bi'cn prfJiiiinently rejirc-senti-il 
 in the ]>rofessions. .lohii Kittredge. the hrst 
 Amei'ican ancestor, came io 'Fewksburv. Mass., 
 in Iti-'W. Charles F. Kittr(.'(lge's Lzri.'at-grand- 
 father, Zejibaniab, was a soldiei' in the Ue\"i)- 
 lutionarv war and long a leading physician 
 and distinguislu'd surgeon in Mount A'ernon, 
 N, H, Flis giandfatli(.'r, Zi.'jihaniah Kittredge, 
 jr., a fa I'm er of Miaiiit \'eriKin. mari-ied Mary 
 Wheeler of Hancock, X, IF, a iclati\"e of Hon, 
 A\'illiani A. Wheeler, late \'ice-]ii-esideiit of the 
 Fiiiti.'d States, Franklin < ). Kittredge. .'^on of 
 Zepbaniab and Mary ( Wheeler) Kittredge, was 
 born in iMount \'eriioii in \>>\'-\ and still resides 
 tliei'e, and for hfty yi-ars has been a niei'(diaiit 
 ill fiostiin, being still engaged in acti \'e liusi- 
 11 ess, 
 
 ('bai'les V. Kittredge recei\-ed hi> (.-arh- edu- 
 catiiin in tlit- common sidiools and at Appleton 
 Acadeiiiv in his iiati\"e town, ami entering 
 Dartmouth (_'olli;ge in Is.");-) was graihiated 
 tbereb'om in the class of lS(i;5, ami was a 
 member of the l)i'lta Ivappa F.psilon fraternitv. 
 During his college course and a part of the 
 time at the academy he taught school, thus 
 gaining practical ex[ici'ience and earning some- 
 
BIOGRAPHIC A L.—ilIASSA CHUSBTTS. 
 
 71 
 
 thing to defray his cx^kmiscs. lie was in the 
 onhiance liuveau of tlu' War Departiiuait at 
 Wasliington from August, lcS(j;i, to August, 
 1S()-I:, and served as a private in the regiment 
 of War Department Riiies. In OetolxM-, 1S(;4, 
 he licgan his law studies in tlie otHee of Hon. 
 Jolm P. Healy, then corporation counsel (lU' 
 city solicitor, as the otHce was then known) of 
 Boston. 
 
 Air. Kittredge wdien a law student was elected 
 from ]Mount \'ernon to the lower house of tlie 
 New Hani[)shire Lcgislatm'e in March, ISIJT, 
 and served one term, and was aide-de-camp 
 with raidv of colonel on the staff of (to\'. Wal- 
 ter Harriman of that State. In ()ctol)er, 
 ISIJT, he was admitted to the SufiVilk l>aranil re- 
 moved to Boston, wdiere he has since resided. 
 He is a liepuhlican in politics, a man widely re- 
 spected and esteemed, an(f a citizen of [luhlic 
 S[)irit anil enterprise, taking deep interest in all 
 questions affecting puljlic affairs. Since 1 S(;7 lie 
 has f)een cngageil in the acti\-e jiractice of liis 
 prfifession in Bostiai, gaining prominence as a 
 hn\'yei- and ad\'oeate of recognized ahility, and 
 l.iuililing up a lai'ge and successful clientage. 
 Earlv in his career lie was engaged in the trial 
 of many important (/ases in\'iilving (juestions 
 of taxation, land damages, puhlic l)etterments 
 and rmniici[ial and other cor[(oration powci'S, 
 rights and duties. In Ai)ril, ISfiS, he hecame 
 seccnid assistant city solicitor of ISoston, under 
 Mr. Healy, and was pi'omoted to he tii'st assist- 
 ant, wlii(di office correspoufled tii tlie [ir(^sent 
 office of city solicitor, and tilled this position 
 hy successive yearly reappoiidments for eleven 
 yeai'S until 1.S79. In this ca])acity he was 
 actively connected witli a lai'ge numhei' of iin- 
 portant cases hrought against the city and es- 
 tahlished a high re[)Utation for ahility, indus- 
 try and liroad legal knowledge. Sin(;e retii'ing 
 from tlie city's law dejiartment he has cai'ried 
 on an exteiisi\'e general practice, giving special 
 attention to municipal, hanking, corporation, 
 and kindred hraiadies of law, and to (|uestioiis 
 connected with the legality of State, muiiiidpal, 
 and railroad honds. In 1«S:) and 1S.S4 ;is 
 counsel for first mortgage hond holders of the 
 
 Toledo, Cincinnati and St. Louis Railroad 
 ('om[>any he was engaged in the United States 
 Court at Toledo and Cincinnati ujion the ijues- 
 tion of a receivership for the road, and after 
 going over the eiitii'e line froin Toledo to St. 
 Louis made a r(.'port to his eastern clients 
 scN'erely arraigning the Hnaneiering of the road 
 and criticising its construction and o[ieration. 
 In the trial of land damage cases against the 
 Commonwealth <"if Massaidiusetts and its cities 
 
 CHARLES F. KITTREDGE. 
 
 and towns he has had large expeiience. Has 
 heen (;onnected as counsel with nurnei'ous cases 
 against tlie ( 'omminiwealtli inv<ilving the tak- 
 ing of lands for the Metropolitan I'ark System, 
 and construction of the Meiropolitan ,Se\\'erage 
 System and hefore committees, hoards and com- 
 missions of the Stat".'. ITe \\'as counsel for the 
 city treasurer and his liondsmen in the defal- 
 cation ease of the city of Loston \-s. ('harles II. 
 Dennie, city treasurer, wliicli was lirought to 
 I'ccON'ei' aliiaif $90,000 on the hond of the city 
 ti'casurcr caused hy thi' defali'ation of .John A. 
 Woodward, c'ashiei'. Has heen counsel foi' the 
 ISoston Five <'eiits Sa\'ings liank for many 
 years, and for tlie Winthrop National Bairk, 
 
THIi JUniCIARY AND THE BAR OF NEW ENGLAND. 
 
 ami is tlic Boston counsel for the ISarlicr As- 
 ]ilialt Pa\'iii,i;' ( 'ompany and t'oi- tin' Xatioiuil 
 Contracting ('oinpan)' of New Yoii<. 
 
 Amon^ the Icailini;- cases ai'gueil liy liini as 
 counsel licfore \\w Suprcnic Judicial ( 'oui't are 
 r.la.'kio vs. Hudson, Mass. Rejioits, 11 7-1 S], 
 in wliicli was decidcil tlie time at \\'ln(di an 
 assessnK'ut for street im])ro\a'in(.'nts liceami' a 
 lien upon real estate ; < !ei'atilit\' \'s. ISoston, Mass. 
 Reports, 120 — 111!, and .Murpli}' \s. Boston, 
 Mass. i;c|.orts, 120-419, liv wiiicli the statute 
 distinctions were estalilislied lietween remedies 
 foi' land and urade damages in the original 
 construction of a puMic street, and i^rade dam- 
 a,nes caused by a sul)se<]uent change in street 
 };rade: and also a dett'i'unnation that the ISoard 
 of Boston Street ( V)]nmissionci's had no po\\-cr 
 to change the grad<' of an (.'xisting sti'ei.d : 
 ( 'ushing \-s. Hoston, Mass. Ke]ioi-ts, l22-17-'i, 
 l24-4-'>4 and l^S-.'S.'SO, arguod on the opposite 
 side liy l'x-(lo\-. William <iaston, counsel foi' 
 plaintiff, in which after thi'ee trials heforc ju- 
 ries and three arenments l](4'ore the full law 
 court it \\'as decided that a city or town is not 
 lialilc for personal injinles tVom ])C(adiar street 
 coiistiaietion, if such construction is autlioi'izcd 
 l)y law, although dangerous and the cause of 
 
 till' injuries: W I \'s. Bridge ( 'ommissioners. 
 
 Mass. Reports, 1 22--'!l)4, in \\hi(di was decided 
 that no title ciiuld Im' aci|uircd li\- ndvei'se use 
 of a piei- structure ni tide water heyoud the 
 Ilarhor ( 'onnuissionei's' line: Messi.ai^ei' \s. 
 I)eninc. .M;iss. Repoi'ts, 1 •'JT-l !• 7 a hd 1 41 -•';•'!•'), 
 argueil on the o])[)osite side hy l]x-l "in ted States 
 Senator Bainhi'idge W'ailleigh. counsel foi' 
 plaintill, and twice cai-ried to full law coui't, a 
 leading i-ase upon the care l'e(|uircd hy plain- 
 till' in suit to reco\-ei' foi' personal iujui'ies: 
 Sherwin, ('ollector, vs. ]5fiStori Fi\-e (Vnts Sa\-- 
 ings Baidv, Mass. Repoils. 1;;7 — 144. wdiich de- 
 cides foi' \\diat taxes under the pnhlic statutes 
 a mortgagee hecomcs liahle ujjoii taking posses- 
 sion ot iiKirtgaged I'eal estati/ : ( 'otton, lv\''(ii', 
 vs. ISoston, Mass. Reports, l(il-S. which de- 
 cid(^< that an c.xecutoi- wdio eariles on faisiness 
 for the sole [lui'pose of closing up llie testatiir's 
 estate, is liahic toi' ta.xes in \\\^' place wdierc the 
 
 husiness is cai'i'ie(l on rathei'than in the place 
 wdiei'c the ile(;eased last dwelt: Kittreilge, Re- 
 ceiver, \'S. ()sgood, Mass. Re])oils, 1()1-.")!S4, hy 
 wduch is decided that an attachmeid of pro])erty 
 of a coi'poi'ation is not discdjarged l)y tliesuhse- 
 ijucnt apjiointnuait of a rccei\'ei' of the coi'jiora- 
 tion. Siiu-e \\dii(di decision Chap. 420, Acts of 
 iSStS, has hecn passed regLdating such attaidi- 
 luents. 
 
 Mr. Kitti'e(lgc was married, Sei>teiuher 24, 
 1.S72. to .Miss Ailelaide L. Lee, daughter (jf 
 (ieorge Huntington and Maiy J. (King) Lee of 
 (irofon, Mass.: tli<'y ha\'e had tiaii' (ddldren, of 
 wdiom Mah(d Le('. Ldoreiicc i'armenter and 
 jjouise Bi(.'rce are I i Nunc. 
 
 WILIU'R IDWARI) I'OWKRS, B..s- 
 lon, youngest child and son of l']lias 
 and ]-au(4iiie (Wdiite) I'owei's. was fiorn in 
 CroN'don, X. IL. .lamiai'y 22, l.s49. LL.' comes 
 from an ancient fannl\' which here oi-iginall\' 
 the X'orman name Le I'oer. the tii'st ancestoi' 
 known heiiig an olticer under William the ( 'on- 
 fpic-roi', M ose name appears in Battle Alihe\' 
 as one of the sur\'i\'oi's of the battle <>f Hastings. 
 Waltei' Rower, hoi'ii in l]ngland in l(i39, sct- 
 tleil in Litt leton, near ( 'oneord, Mass., and died 
 theiv Fehi'uary 22. 1 70,s. On March ILKiOl, 
 he married Tilal. dauuhter of Beacon Ralph 
 and ddiankes Shepard. ddieii- (ddest son. A\'ill- 
 iarn I'owci', lived near ( '(jucord and h\' his wife 
 Hilary had a son William, jr.. wdio mai'ried 
 Lydia Berham and I'csided in ( 'ladrjjstoi'd. ]\Liss. 
 ddns genei'atiiili adde(l the ''s" to the name. 
 Lemu(d Rowers, (ddest son of Wil liam, jr., mar- 
 ried Thaids'ful Leiand ami mo\-ed to NoHh- 
 bl'idge, Mass., and theii' eldest son, L^ztl<iel, 
 who married Hannah Hall. i-emo\eil to ( 'i(i\'- 
 don. X. H. He s(a-\'ed in the Re\'oluti(.inar\' 
 war and was present at tla.' suri-ender (jf Bur- 
 goyne. Majoi- Ahijah Rower>, son of L]zeki(d, 
 w"as a (;a])tain and latei' a niajoi- in the war of 
 lsl2, and served as a Justice of the peace in 
 ('roydon, as (diaii'man of the ISoard of Select- 
 men, and llii-e(.- t(a'iiis as a mcanhe-r of the State 
 
BIOGRA PHIL A L.—J/ASSA CHI 'Sf. TTS. 
 
 73 
 
 Lt\i;islaturc. lie uiiii'iicil ()li\c Milciidy, and 
 tlieiv clik'st son, I'^lias rowers, fatlici' of tlu' 
 subject of tliis artiele, w as selectiiiaii of ( 'voy- 
 ilon tliree years, loiiu,' a justice of tlic peace, 
 and for tliree yeai's eonnuissionei' of Sullivan 
 t-ounty; liy occupation lie was a fanner, widely 
 known for his integrity and hos])italily. ( )n 
 the maternal side Mr. Towers is dcscendcil 
 from l^lder John White, who settled in New 
 Towne, now" ( 'amhridiie, Mass., in Ki-'l'i, his 
 fai'iii heinn' covered in part hy < ini'c Hall of 
 Har\'ard (_'olleL;e. His motli<'r's iirandfathir, 
 Joseph Taylor, was a lieuteuanl in the Trench 
 and Indian wars and afterward sei\-ed through- 
 out the war of the io'volution, heeominn a caji- 
 taiiiandan aide-de-caiiip. Troiii tiieday wJieii 
 lira\'e General Le Toer limired in the hattle of 
 TIastine's the family name in its \-arioiis forms of 
 spelling has rejiresented an honest and patri- 
 otic race. The patriotism, piihlie spirit, and 
 progress! \'ei less of the descendants ot I'dder 
 John Wdiite are also w^ell known in the hisujry 
 of New" I'aigland, and thus h-om his au(.'estoi-s 
 on hotli sides .M|-, Towers inherited strength 
 of charactei' and tenacity of will which lui\'e 
 8er\'ed him well in the development of his pro- 
 fessioual care('r. 
 
 \\'ill)Ur IT Tow"e|-s attended t he piiMic schools 
 of ( 'roydon and litteil I'oi' (Millego at the ( )lean 
 AcadeiriN' in <)|eaii, X. V., and at the Kimliall 
 tdiion .Vcadeiiiy in Meriden, N, I T, graduat- 
 ing fniiri the latter in 1^71. The same year 
 he entert-il I )artmeiutli ('ollege, I'roiii wdiicli he 
 was graduated with honor- in isy."). taking 
 prizes wdiile tlna'c in oratory, rhetoric and I'aig- 
 lish coiiip(.)sition, and lia\'ingashis comuKMice- 
 melit part a |iliilosopliical discussion wdiicli 
 w"on for him the highest c(aiimeiidal ion of the 
 Faculty and of the pllhlic. He was electe(l to 
 mernherslji]) in the l)(dta k'appa T^psiloii, and 
 during the course took an acti\'i' part in all 
 outdoor s[iorts in wdiich his class pai't icipaled. 
 After lea ving 1 )artm(Hith he studieil law pri- 
 vately for a time and then entered (he Tostoii 
 I'ni\"ersitv Taw S(diool, frcjm wdiich he was 
 gra<luated with the degive of TT.Ti. in isys. 
 Meantime he had taught school winters, and 
 
 during the summer \'acations he hail heeii em- 
 ploye(l on his kither's firmoi- in a ueighlioring 
 furniture estahlishment, llius not only learning 
 lessons of thrift and indiisl|-y, hnt. hnildiiig up 
 a strong constitution and also earning some- 
 1 hing towards the payment of his college hills. 
 Ml', Towers was admitted to the New Hamp- 
 shire har at ( 'onciird in August, TsTS, and to 
 the Massachnsef ts harat Titi JihiirL!' in Xo\'eiii- 
 
 uai.i.i K a. I'OwiiK' 
 
 her of the same \'ear, and on .lamia r\' '2'2, 1 S7It, 
 liegau ai;ti\"e practice in Tostiai, where he has 
 huilt up a large and successhil gtaieral law 
 husiness. He is a lawyia' of ahility, well 
 grounded in k'gal science, and loi- main' \'ears 
 has held a prominent |ilace aiiiong Toston's 
 aih'Cjcates, i'"oi' a time he was coniisel foi' the 
 ( )ld ( 'olony liailroad, and altei' t lie consolida- 
 tion was associate counsel for the X, 'i',, X. IT 
 et IT Railroad foi'se\'eral years. In 1 SSS ami 
 1 SS9 he was coiiiis<'l for t he town of H \'de I 'ark, 
 where he has resided since TSS], ha\'ing pre- 
 \'ioiisly li\"ed in ( aiitoii. Mass,, from ISTik In 
 TSilO, 1,S91, and TSlfJ he i'epi'<',seiited Hyde 
 Tark in tin.' lower liousi' of the .Massachusetts 
 ij'g'islature being i'ecogni/,ed I ly the Tepn hi leans 
 
74 
 
 THE fUDICIAKY AND THE BAR OF NEW ENGLAND. 
 
 as tlieii' must juiliridiis ami cHicieiit IcailiT. ami 
 sei'viiii^' as cliairniaii of the committee on en- 
 grossed l)ills in ISHI). as rliaiiinan of the le-- 
 flisti'ietimi' ednniiittcc ami nf the ennimittee 
 \\'hich I'eviseilall tlif laws anil salaries rehitini;- 
 to the inferior cmirts in ISHl.aml asehairnian 
 of the eonimittee on I'ailroails in ! S92 ; of the 
 latter corrnnittec he was a mcmhei' ilui'in^ his 
 three terms. As chaii'man of tin- inniortant 
 eonuiiittee to i-cvise the jmlicial syst(.'m of the 
 (_'onniionwealth in 1s9j! he rcndrreil \aluahle 
 service, and also to his efforts was due the pas- 
 sage of the conn'i'essional apportionment l.iill. 
 wdnch was considei'cd :is more Just and nxu'c 
 free from partisan manipulatifJii than any ap- 
 portionment in many years. He was a mem- 
 liei' of the ci.)iumittcc on rules and of the com- 
 mittee ai)[iointed to in\-estigatc the affairs <if the 
 \\'est End Street Railway ( 'oni[iany of Boston, 
 and «-as the author of the " Powers I'ax liill," 
 the ohject of wddeli was to make a more ei|ui- 
 table ilix'isiciu of that poi-tion (_\\ the State tax 
 now }iaid to cities and towns, and at the same 
 time to foster the puldic school system and aid 
 needy munit'ijialities. lie has heen an earnest 
 ad\'ocate of ijuhlic parks for many years, and 
 has served as a niemher of the Ilyile I'aik 
 commission since it was organized in lsy;i, 
 and is now ( Is9s) its (diairnain. He was acti\'e 
 in ad\'Ocating the taking of the Stony lirook 
 Iteservatioii for [)ark pur[)Oses, wdncli was done. 
 his l)Oard joining the Metropolitan Park ( om- 
 rinssion in the transaction. 
 
 Mr. Powers has heen for many years a [>)'f>ni- 
 inent meudier of the Hydi- Park RepuPlican 
 Touui Committee, wdiiidi he has sej'\'ed as see- 
 retLiry, treasurer, ami chairman. In ISH.'! and 
 lS94 he was also a memher of the Pejiuhlican 
 State ('onmnttee. He was pivsident of the 
 \\'avei-ly ('lul> of Hyde Park from 1.S94 to 
 1S9S. .'ind is still a meudier r>f that organiza- 
 tion and of the lioyal Ai'Canum, of the Koval 
 Scicietv of (TOfjilfellows, of the Hvde Park Sons 
 and Daughters of the AuK.M'ican Pex-olntion, 
 and of the (roldcai f'l'fjss. fru' \\ hiidi he lia~ he-en 
 (•oun<(d at large dui'ing the [last fifteen year-. 
 He is also a Poval Aridi l\[a-on. ha\ in<J- joined 
 
 the fraternity hefore graduating from college, 
 and is a dii'ector of the Baleh ISnithers (_'oni- 
 pany, puhlishers of ISoston. 
 
 .Ma\' 1, 1 ssd, Mr. Powers mai'ried Paidly 
 ( )wen, daughter of Fivilerick L. ()wen, of Leh- 
 anon, X. H., and they lune two children: 
 ^\'alter, horn August '■'>. Is.s."), and Myra, horn 
 Mav -l-l, l.'S.S9. 
 
 T^riLLlAM 
 V V Boston. 
 
 >M pishp:i; whakton, 
 
 dstant secri'tai-y of state 
 of the L'idted States undei' .lames (1. JSIaine, 
 during Pn.'sident llari'ison's ailministration, is 
 the son of ^\'illialll ( 'raig and Nancy \\'illing 
 (Spring) \\diarton, :ind \\-as hoi-n at Jamaica 
 Plain, now a part of ISoston, ^lass., .lum- '1>^. 
 1S47. TIk.' Wdiaitou finiily wei-e resilient- of 
 Philadeljihia, Pa., fot- se\ei'al genei-ations, Pifilj- 
 ert A\diai1on. a former luayoi' of that city, heing 
 an eai'lv memher of the ;inci'sti'al line. .lohn 
 \\diarton, grandfathei- of A\'illiam V.. was an 
 honon.-d citizen tliei'i.-, ajid hi> son. ^^dlliam 
 ('raig Wdiarton, li\'eil there until he hecame a 
 student at Yale College. The lattei' suh- 
 se(p_iently read law at the H:i r\"aril I^a w School, 
 hut ne\-ei' ]iracticed. His wdfe's faiuih' weri/ 
 early and pi'ominent settlers of \\'atertown, 
 Mass. 
 
 Mr. Wdiarton attended ]-]pes Sargent Dix- 
 well'-. .Schoid in IJo-tiiu. then one of the leadi!iL;' 
 pri\'ate educational institutions of the day. and 
 entering Har\'ard ('olleue in ls()7 was grad- 
 uated with honor- in Latin, f-rreek, and am-ieiit 
 history in the class of Isyo. Among his (dass- 
 niato were Cow Uol^ci- W'oli/ott. Henr\" Pai'k- 
 man and F.oui- ( 'urtis. ddie law had foi' him 
 
 special atti'aetions from earl\' lioxdi 1. and 
 
 U[>on Icaxdng college he hegan its studv in 
 the office of .lohn C. ptope- .-lud .fohll ( '. ( d'aW 
 
 in JSo>tou, wdici'c he remained one \i-av. After- 
 ward he attendi-d the llarx'ai'd Law Schoid toi' 
 two years, gi-aduating w ith the degree- (if LL.l!. 
 in 1.^7.'!, and wa- .-idiuitted to the Suffolk Lai- 
 Septemhei- 2l'. LsT-'l. ddieliext t \\ o veal'- he 
 
 spent in ]'aii'ope,-in tra\-el, vi>iting tin- chief 
 
BIO GK. I PHICA L.—MA SSA CH USJi T TS. 
 
 75 
 
 ci'iiters of iiitcix'st, and ;n-(|uii'iii^ an intiiiiiilc than any assistant scci'clary of s|;itr wlio hay 
 
 knowledn'r of ditlcivnt tnri'i<_;ii laiinua^cs. 
 Ivoturninij, to llostnn in the tali (if lS7"i lie lic- 
 yan the active |ii-aetiee nf liis profession ami 
 soon gained a lar.^'e elientai;e. 
 
 In polities Mr. Wharton has always heen an 
 
 e\'er lille(l tlii' olliee. Man\' inipoi'laiit ipies- 
 lions of international law" ai'ose diH'inL;' Afi'. 
 ilai'rison's adniiinsti'alion, and se\'ei'al of 
 llieiii were sneeessfiilly handle(l hy Mr. Whar- 
 ton while he was aelinij as seeretai'w ,\iiioii<'' 
 
 ardent i;e})uliliean. Jlewasa liiendier of the these were the ti'eal\- in eoiineelion with 
 ISoston ('onniion ('omieil h-oui Issd to 1,SS4, Samoa, the UehiiiiL; Sea fnr seal fisheries, 
 inclusive, and sei'\-eil with ^I'eat ettieieney as .and the eonipl ieal ions in ('hili. .\li'. Wdiai'- 
 ehaimian of the eonnnittees on finanee and oi'- 
 diuanees dnrin,u the latter part of this pei'iod. 
 He was also a nieiiihei' of the IJoard of Sinking 
 Fuiiil ( 'ornndssioners foi' seN'eral years, and in 
 iss:; was ap[iointed hy the iiiayoi' a eoinmis- 
 sioner to n'xdse the eity onlinanees. his col- 
 leagues iH'ing I'ritd II. < 'l■o<d^er ((diaiimaii ) and 
 (iodfrey .Moi'se. Mi'. Whai'ton I'epreseidi.'il 
 ^\'arll ElcN'en of lioston in the lower house of 
 the Massachusetts Le,L;islatui'e fi'oiii ISSo to 
 ISSS, inclusi\-e, serNung as house chaii'iiian ol' 
 
 the counnitt(. n cities and nienilier of the 
 
 couiiuittee on I'liles in iSSo, as house chaii'nian 
 
 of the (.■onniiittee on I'aili'oads and of tln' Joint 
 
 coianntte(.' on I'ules ami ehaii'nian of the eoin- 
 
 inittee on house rules in l.SS(; and ISST, ami 
 
 as ehaii'ruan of the judiciary eoniniittee and 
 
 (diairiuan of the eonnnittees on house rules 
 
 and .joiid rules in Iss.s. His sciA'iecs in 
 
 this hoilv as in the ( 'oiinnon ( 'ouncil were 
 
 (diaracterized hv great aeti\dt\' and elficdencN', hm gaine(l toi' hiiiis<df high encoiniunis and 
 
 and won for hinr a hi.gh reputation forahility a national I'cpulation. He resigned March 
 
 in legislati\-e ami parliamtaitary nuitters. As 4, 1 s;);!, and resui I the pi-actice of law in 
 
 (diairiuan of the judiciary coiiiiiiittee in iSSS ISoston. In hSiUi ( Jovei'uoi' Wolcotl a[>[iointe(I 
 he took a leailing pai't in shaping the legislation him chaii'inaii of the cianmission to e.xamiue 
 of that veai' and was one of the leaders on the and report np(Mi a syst(aii for administering 
 fiooi- of the House. In h)-ief h is f iiir yeai's in t lie chai-itahle and I'eloi'iiiatory institutions of 
 the Legislature were full of usefulness to his Massachusetts, wdiieli cimipleted its work and 
 constituents and to tla.' ( 'oiniiion wa^alth al repoiied to the Legislatui'c in iSilS. 
 
 \\ JI.I.IAM 1 . W H..\K"rO.\. 
 
 large, as is shown hy the inniiei'ous measure; 
 wd)i(di passed through his hands. 
 
 -Mr. \\ liarlon has eontrihuted a numher of 
 arti(des to leading iiiai;a/.ines in the course 
 
 ( )n the lid of A |iril, 1 SS!), I 'rcsid(ait Hanison of his life, and is the e(litor of the se\-entli 
 
 aiir)ointed him assistant secretary of state of e(litioii of ''Slory on I'a rt iKa-shi] i," which 
 
 the Unite(l States, and on account of the s(M-ioiis was piililished in l.S,S|. He is one oi' the 
 
 illness of Se(M'etai'V James (J. lilaiiie he acte(l ahlest imaiihei's ol the Hosloii liar, jiossess- 
 
 .is secretar\' of state during a lai'ge portion of iiig a hroad and ac(airate knowledge of the 
 
 President llarrison's administ I'ation, sei'\'iiig law aial the (diaractei'isti(/s of the thorough 
 
 in this ca]iacity for a longer peihnl of time couiis(do)'. l"or iiiaii\- vcai's he made intei'- 
 
7(; 
 
 THE [UDICIARY AND THE BAR OE XEW ENGLAND. 
 
 iiatioiKil law a sjiccially. He is a iiR'Hihcr 
 and secrfiary uf the Hostou liai' Assdriatioii, 
 and as a citizen is jiulilic s[iirituil. patriotii- 
 and |)r(in'r('ssi\'c. 
 
 .^^r. W'liai'tdn lias ln'cn twice niari'ieil, liist, 
 Octobei' :!1, ISTT, to ]'"auny i'icknian, daiii;litcr 
 of William Dudley Picknian and Caroline 
 Silshee, of ]!oston. She died in Octoljer, l.SSO, 
 leaving' one son, William Tickman Wharton, 
 and hi' marvied, seconil, ]'"eliruai-y !'•, Ist)!, 
 Susan ('., daughter of < ol. Kichanl (1. Lay, of 
 ^\'ashin^;ton, ]). (',, consul-general at Ottawa 
 undei' President Ifai'rison. They have two 
 ehildri'ii : Pliili|i and ( 'onstanee. 
 
 HA LPS WAPPACP SCTPP, Boston, 
 lawN^er ami |ii'esident of the ^Fassachu- 
 setts Title Insuraiiei' ('onqiany, is the sun of 
 John and Sarali (Wallace) Suter and was liorn 
 in ]5oston, .\rass., I )eceml.er .".O, PX2S. 
 
 I1.-\L1CS WALLACE SUTER. 
 
 John Sutei' was Ijoi'ii in \'ii'!_;inia, came to 
 JSoston when a fioy in 1 7S!l ami made Pxistoii 
 his home. Jn early life he was a master mar- 
 ineraml enLia.u'ed in the fui'ti-adcon thi'iioi-th- 
 west coast of Xoi'th Amei'ica, makiini' se\'en 
 
 \'o)'aeX's to the Sandwich Islands, the North- 
 west coast ami ('liina. In PSiiO ln' i;a\'e up 
 <j;oing to sea and hecame a shij) owner and 
 merchant, en<;aged in the fur ti'ade and ti'adc 
 to the Past Lidies. He die<l in PS.")2. Sai'ah 
 Wallace, his wife, was the daughter of Thomas 
 Wallace, a native of ('arlisle, Scotland, and 
 Sarali IPiles, of (doucester, ^fass,, a (Piughter 
 of George Kales and J^ydia Winslow. 
 
 PFalcs W. Suter is thus descended from Png- 
 lish, Scot(di and colonial ancestors and inheiited 
 h'om them the sturdy intellectual qualities 
 wdiitdi pave the way t<i success. \\'lien a hoy 
 he fii'st attendeil Chauncey PPdl School, entei'- 
 ing the Boston Latin Scdiool then in Scdiriol 
 street at the ag<' of twidx'c and graduating from 
 irar\'a)-d (Vjllege in 1 SoO in the same class 
 with .lames ( '. ( aiJer, Tliomas Jefferson Co(d- 
 idge. Piof Heiu'y Thayci- and (Jeorge C. Pich- 
 ai'dson, es(|. ( )n lea\'ing college, ^Fr. Suter 
 studied law in the ofHces of William .1. Phih- 
 hard and .John .1. and ^Pnilins S. Plarke and 
 at the rjar\'ai'd f^aw Sidinid, and was admitted 
 to the Sullnlk har in PS-")2, and hegan jn'actice 
 in lioston, gradually Imilding uji a large husi- 
 ness. He at one time formed a ]iartnei-shi|i 
 with the late lion, t.'harle.- T. Pussell and his 
 hi-other, Thomas H. Pussell, the hrm heing 
 kno\\'nas Puss<dls tV' Suter: the lirm (-(inducteil 
 a general law husiness initil P^TS when it was 
 dissop-ed. 
 
 -Mr. Sutei' has had the settlement of man\' 
 estates, has done a large husiness in insoh'encv 
 and haido'uptey, luid has liehl and still hohls 
 as ti'ustee a iiumher of lai'ge estates. Pdi- 
 many )'eai-s he has lieen pi'csidcid of the Mas- 
 sachusetts Til le Jnsui'ance ( 'ompanv ; hi' is alsn 
 president of the ('aluinet Woolen (Vimpanw 
 the mills heing in P.\lirid,i;e ; was one of the 
 originatoi's of the Meivantile Ti'ust ('oinpan\- 
 andifslii'st president: la.' resigneil as president 
 of the latter in Isiiy, hut still contiimes a 
 director ot the company and mendier of the 
 e.\ecuti\-e conunittec. He is also a dii'ectoi' in 
 the Mattapan Safe 1 )e[)o-^it and Ti'ust ('ompan\- 
 ot South Poston. ami was lornian\' vears pres- 
 ident of < 'onstitution Wharf until its .sale to 
 
BIOGRA PHICA L . —MA SSA CH i 'SETTS. 
 
 the I'^itchluui; liailmad. lie has liccii a Kc- 
 pul)lifan since \\w tumiatidii of the }>artv, l)Ut 
 has lii'ld no |iul)lic oHice, exi-cpt Fur l.wn N'cai's 
 in tlie ('onnnon ('nnncil. lie has conlintHl 
 himself exchisively t(i the practice of liis pro- 
 fessicin and the \-arious iluties d{'\-ol\-e(l on liim 
 from tlie many trnsts reposed in him and llie 
 care and management of liusiness cntcrpiiscs 
 witli winch he is comu'cted. He lias hccn a 
 laeml.iei- of Trinit}' chiu'cli fur loi'ty ycai's. also 
 a memher of St. Andrew's Lod^c and one of 
 the trusti'cs of tlic(;rccn l>i'ai^on Instate; also 
 a memher of the liar Association since its 
 estalilishnK'nt. a mi.anhia' of the l']pisco|ialian 
 ('Inli, of the rni\"ei'sity ('luh, and an honoi'ary 
 memher of the ISostmi Mali ne Society. 
 
 Ml'. Suter was niai'rie(l Sept(aiihci- 'l-\. Is."])!, 
 to Hari'iet Emil\'. ilan^htia' of ( )smei- A. 
 ]>im;ham, a merchant in r>(ist(in, and llaiaaet 
 Hill-, his wife. Ml'S. Sntei- died in 1 ss:,. lie 
 has one son. Rex-, .lolin Wallace Snt(a', a well 
 kno«"n cha'eymaii of the f]pisc(i|ial clinrch and 
 rector of the ( 'hui'eh of the |->|)iphan\- at W'in- 
 ehestta', ^[ass.. he hcine his only sni'\'i\'ine 
 child. 
 
 R< X ;i':i; \\'< )i.('< >'r'r. iiosion. uo\-eiiior of 
 ?ilas-achn-ctt,- in IS'.IT. ISDS nial 1 SUS), 
 is the son of . I. Hnntineton Wolcolt and ('m-- 
 nelia Fi'othinL;liani, and was hoiai in lioslon 
 on the P'jth of .lulw 1S47. His ancestors aiv 
 amoni: the most (.■on-pi(aiiiiis liLiures in cohjiii.al 
 New Enf^land. He is a lineal descendant cif 
 Ko^er \\'olcott, who was second in connnand 
 of Sir William I'eppereH's expedition against 
 Cape Breton in 1 74"i. which n-siilteil in the 
 eai)tnre nf Lonishure. < )li \'ia' Wo I cot t, another 
 ancestor, was one ot the sienei's of the Heclara- 
 tion fif Independence, foueht \\\ the Reeoln- 
 tionarv army against liui'^oync, and was 
 bri.n'adier-e'eneral on the hattlelield of Sai'aio^a. 
 jiotli of these Wolcotts wei'c efi\'i'rn{jl-s of ( 'on- 
 neetient. ( )iie of his materna I aiicesloi's was a 
 menihei'of (he histoi'ic Hoston Tea I'aily, and 
 anothei' was pi'omiiient and acli\i' dni-inu the 
 
 Ue\'olutionar\' period as a naanlier of lh(^ 
 ('harlestown ('ommitlee ofSalety. 
 
 Hoeer Wolcolt lecei\'ed his prepai'atorv 
 edncation in private schools in Hoston. In 
 1.S7<) he WHS gi'adnated with honoi' I'i'oni llar- 
 \'ard ('ollege, where he i-aid<e(l well and also 
 distine'nished himself as class oi'atoi'. He was 
 a tntor at Ihuward in I.S71-7"-', while si ndy inn 
 law at the HaiAard Law School, h'oni wdiicli 
 he was ei'adnale(l with the deni-ee of Ljj. I!, in 
 1S74, licine- a(hnitte(l to the SnIfolk hai' the 
 
 ROCKR \V(a.cOI'T. 
 
 same yeai'. Since then he has de\-oted more 
 or less ot his time lo the pi';iclic(' of his pi'o- 
 fi-ssi(]n. The care of \'ai-ions estates, the man- 
 aeeiinMit of linancial matlia's. and the political 
 ai'ciia ha\a', liowe\"er, oc(aipie(l most of his 
 enei-gies, and althonnh he hasachie\-ed con- 
 sidci'ahle eminiaice ns a lawN'ei' he is peihaps 
 hettei' known in otlaa' ini|iortant cap.acitics. 
 lie w'as a memhci' of the Hoston ('lannioii 
 ('oun(al in lS77, l,S7s and |S7!), and a mem- 
 her ot the lowei' honse of the .Massachuset Is 
 Le,e-islatni-c in I SSl!. ISS;', and l.SSt, l.akine- in 
 hoth instances a position anion;.;' the leadia's. 
 He was one of the oreani/.ers ami the first, 
 presidcait of the l;e[)iilil icaii <1lili of .Massa- 
 chusetts ill Isill. The next \'ear he was the 
 
THE JUDICIARY AXD I'HE BAR OF XEIV ENGLAXD. 
 
 liepulilicaii nuiiiiiH'f for lirutuiiaiit-.udN'crnoi' 
 ami wascli'ctt'il witli tlic Dcmoeratie candiilate 
 for g'ovei'iior, \\'illiaiii Iv Itnsst'll. In isji.'Slie 
 was reiioininateil aii<l returned with the rutin.' 
 Kepuhliraii ticket, and was aeain I'e-elected in 
 lS94and ISH."). On the death (if < iov. Fred- 
 eric 'J\ (ireenhalge on ^hireh 5. 1 S9(i, lie lie- 
 came actinii' e;o\-ernor, and served as suih dur- 
 ing; the I'ciiiainder nf that year. lie was 
 electeil e(,\-ern(ir of Massachusetts in the fall of 
 lS9(i and iv-elected in ls;»7 and ISHS. 
 
 (joveruoi' Wolcott isduenf the nidst ]io]>ular 
 citizens (if his C'ornnionwealth. He has always 
 been a sti'on^ Republican, but im se\-eral occa- 
 sions has disjilayed an independent spirit, both 
 in public spee<;h and in action. Jle is a ^ooil 
 lawyer, a prd^^ressive and public spirited e-it- 
 izen, and a man of the highest bonni', ot ability. 
 and of integrity. lie is a mernlier nf sevei'al 
 ort,rani/,atiiilis, ami has served as a ti'ustee ot 
 the Massachusetts General Ibispital and as 
 overseer of Harvard University. September '1. 
 1S74. he was mari'ied in ISnstun tn .Miss Ivbth 
 I'rescdtt, li'i'anddauehter nf William II. I'res- 
 cott. the histoi-ian, and a ureat-uranddauiihter 
 of (Vil. William Pre.^cott, wIki ceirumamled the 
 jirdvineials at the Battle "f liunker Hill. 
 
 TOHX WILLIAM COKCOUAX. LL.D.. 
 (_J I)(ist<in. tnrmerly assm/iate justiei' df the 
 Superidr ( 'ourt of Massachusett-', was born in 
 I)ata\-ia, X. Y., -lune lo, 1 S'l-']. and is the son 
 (if .lames (\ircoran and ('atherine Honnelly. 
 His father eame friim Ireland t(i ( 'liidnn. Mass.. 
 and haN'iiiiia liusiness uppurtnnitx' in l>ata\'ia 
 remo\'ed tn that \'illa,L;'e, tenipnrarily, t<i join a 
 bi'dther wild had a contract fni' buildin;^' wdiat 
 is nnw the Xew York ( 'entral and lludsdu 
 i;i\'ei' Kaili-iiad. The faniil\- sodii retui'iied td 
 ('lintoii. whiidi has praeticallv been .Mi'. ( '(ir- 
 coi'an's liteldUL;' hdiiic, ami whei'e he i'eeeiv(.'il 
 his pridiminary education in Ifie [lublie s(d)Ools. 
 He pui'sued his collcLciate studies at Holv 
 Crd.— (.'dlle;:c. Worcester. Mass.. and at St. 
 Jdlin'^ I ni\-er-it\'. I''drdh,'im. X. \'.. lea\'iiui' 
 
 the latter institution in his senior yeai' on ac- 
 count of the death nf his parents. 
 
 He was eraduated fi'oni the Loston Lniver- 
 sitv Law School with the detiree of LL.I!. and 
 admitted td the Woi'Cestei' bar in Jinie, l<S7o, 
 and at once hcLi'an the active practice of liis 
 profession at Clinton, whciv he very sddu 
 fdrmed a cd[iartnership with Ilei'bei-t I'arker, 
 the present ( 1 SilS) district attdrney fcir Wdives- 
 
 jnHX W. COKCiiKAN. 
 
 ter ciiunty. The firm of ('orcoran it I'aiTei' 
 eontinued tor -e\-eral yeais. maintaiiiinu a lii^h 
 plai;e at the Wdre(-stel' liar and ^aininu an e.\- 
 teiisi\-e lei;:al liusiness. Hi.' was also tiir a time 
 the senidr member of the law tii'm of (.'(ircdi'an 
 iV: Walsh, of Fitehliur.u'. In Issy Mr. Corcoi-an 
 remo\'ed his dtlii.'e to Ijoston. wdiere he suece~s- 
 hdlv [iractie('d aliaa.' until May. 1S92. when he 
 wa- a[ip(.iinteil by (Jcivernor Uussell an a>-d- 
 ciate justice df till.' Massaidiusetts Supe|-idi- 
 ('dUi't. He tilled this jiositiiiii with uri.'at abil- 
 it\' and satisfaction until Xd\"ember. IsD:;. 
 when he resiLined and I'e-umed the practice df 
 law", taking up the Ijusiness dt' Hon. I'atrick A. 
 ('ollins. who had been made consul-genei'al at 
 Ldiidon by President ('le\-elaml. Since then 
 the lii'iji df ('ollin~ Oc (.'orci.ii'an has been an 
 eminenth' ^ti'dUi: (mv in lldstdii's le^al cindes. 
 
BIOGR. I PHIC. I L.—AL I SSA CHU SETTS. 
 
 Juilgi' ('urcdi'an is :i man nf iiiai'ked k\t!,al 
 and judicial al>ility, and tur scxaa'al ycais lias 
 Ituen oiu' (if tilt' tnroiunst nuMiiliri's of tlic Sid- 
 tolk l)ar. JmkIowx'iI with a sti'dnu, in(li\idual- 
 ity, and possessing unusual |)ii\\'('i' in ai;ninncnt, 
 he is at his host lictui-c a courl and jury, wdiere 
 liis numerous t'ortaisic elturts lia\'e won foi' him 
 an eiivialile rt']iutati(in. llis hroad and iiiti- 
 niatt' kmiwledni,' of the law, his skill in exam- 
 iniiiL!,' witnesses, his ahility as an oi'ator, and 
 his remarkalile industry and ]ierse\'eranee are 
 reeoniii/.ed and admii'ed. In his pi'aetiee he 
 has yiven speeial attention to husiia'ss and 
 ccirporation matters. He has also lie(ai an act- 
 i\-e and influential faetoi' in the affairs of the 
 town of (dintiai and in the councils of the 
 r>emoeratie pai'ty, of w hieh he has lon^ heen a 
 valued leader, lie was town solicitor of ( 'liii- 
 ton from the creation of that ottice in Iss;! un- 
 til he \\'ent on the luaich in -luiie, 1 SK:^, when 
 he resij^ned. He has heiai a mcuilicr of the 
 Clinton School Committee since 1S77 and its 
 chairman durini;- the last tiftcen years. He 
 \\-as chiefly insti'umeiital in se(an'ini;' foi' (Jlin- 
 triii its prestait water supply, ami pi'ohahly did 
 more than any other one man in fornudating 
 the plans which I'esulted in the construction of 
 the works; and he sei'N'cil as a memhia', cliaii'- 
 nian, secretary, or treasurer of the water hoai'd 
 from its iiice}ition in l.ss] to ISDC, and in ls;»S 
 was a^ain elected a memhcr and chairman. 
 He was also presidcad of the ('linton ISoard of 
 Ti-ade in ISSO and 1 SST. 
 
 In the political affairs of the Coiinnonwealth 
 ■Jud,i;e ( 'orcoran has hciai especially acti\'e. 
 lie was the Democratic caialidate for distiict 
 attorne\' of W'orcesti.'r count \' in IS.'S.'Jand 18'S4, 
 for attorney-general of .Massa(diusetts in l.SSfi 
 and ISST, and foi- li(ait<aiant-go\'e]-nor with 
 William Iv Russell at the head of the ticket in 
 ISSS, IS.St), 18tHI, and isyi. In ISDl and ISlCj! 
 he \\'as judge ad\'ocate-g(ai(a'al on (ioNaa'iior 
 Russell's staff, resigning in the latlei' year to 
 go upon the hench. He was a UKaiihei' of the 
 Democratic State Committee li'om Iss^to l.SD-i 
 and its chairman from lS!M) to Is!)'.^, succeed- 
 inL!' Patrick A. (Jollins, and in ls94 he snc- 
 
 ceeded -losiali <^uincy as (.•hairman of that hody 
 and serN'cd unlil he resigned in 1 S'.Mi. Hi' was 
 a delegate to the Xational I )cmoci'al ic ( 'oiiNcn- 
 tion of 1SS4, h'om the old Xinfh Massachusetts 
 ( 'ongressional disti'ict; was iniaiiimously elcct- 
 eil a delegate fi-oni the same district to the con- 
 vention of IMSS and actt'd tis i-hairman of the 
 Massachusetts delegation; was elected a dele- 
 gate at large for Ma.ssachnsctts in ISDi!, recei\-- 
 ing the largest \Tite, hut did not go on account of 
 his appointment to the hench ; and was a dele- 
 gate and again chairman of the .Massachusetts 
 delegation to the convention at ( 'liicago in I .SiMJ. 
 He was the J)emoci'atic candidate fi'om his dis- 
 trict for representative to the (leneral ('ourt in 
 lS77,for State senator in ISSd, and foi-i-|crk of 
 the courts of Worcester county in ISSl. in 1 s;»;', 
 he was chairman of the Massachusetts Board 
 of Managers of the W^orld's ( 'olumhian l'].\posi- 
 tion at ('liicago, and rendered valuahle ser\ice 
 thei'e in looking after the interests of his Com- 
 monwealth. ()ii May 'JO, ISS(;, he was a[i- 
 [II") in ted hy the com [it roller of tlu' I'nited States 
 as receiver of the Lancaster Xational Bank of 
 ('linton, whose [iresident had ahsconded, leav- 
 ing the concei'ii hui'dcned with a lai'gc amount 
 of worthless [ia[ier; and so successfully did lu' 
 manage this trust that the creditors recci\'cd, 
 on Xo\a'mlii'r lil , 1 s;)4, dix'idends and interest 
 aggregating 10!) [ler cent. He also paid 'JT ]ier 
 cent, in dividends to the stocklioldci-s, wdio. 
 a|iprcciating his t'ffoi-ts, voted togi\-ehim all of 
 the hank's remaining assets. This was one of 
 the greatest acliie\'ements in the histoi'y of 
 hanking, and illustrates Judge ('orcm-an's husi- 
 ness ahility and also ri'llects great credit upon 
 him as a man of the highest iiitegrit\' and 
 lioiioi". 
 
 He is not only a successful law)'er, a good 
 judge, an ahli' jiolitical leader, and a cai'cful 
 financier, hut, aJio\-c all, he is an honest, [luhlic 
 S[3irited and |)i-ogi'essi\-i' citizen, acti\'ely inter- 
 ested in the alfaii's of his town and State and 
 intensely ali\'c to the nioi'al and general ad- 
 N'anccment of the community. lie is a mem- 
 hcr and was formerly [iresident of the <'lo\a'r 
 ('lull of ISoston, a niemlier and foi'mci'|\- \-ice- 
 
so 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAAW. 
 
 pivsidciit iiftlic ^'iiuiii; Men's ])ein()rratic Cliil) 
 of .>fiiss;\clmsctts, :mi(1 :i liiciiihei' of tlic Al^'oll- 
 <|uiii, I'apyrus, and <)rpli('iis ('lul>s of Bost(.)n. 
 June 21, is;);!, St. .Iiiliu's I 'iii versity at Ford- 
 ham, X. Y., rci-on'iiizcd liis k'arniiig and eiiii- 
 iieiicc l>y (•f)iifeiiiii,ij, upon him the lionorary 
 degree of LL.D., and in l«!)(i hei'eeeived the 
 
 same degree from ( ieoi-getown (D. C) College. 
 
 In lSI)i» Holy Cros.s ( 'olicgc confei'reil aiiothei' 
 
 LL.D. 
 
 He was maiiicd in i!n.-;t(>n on the 2Stli of 
 
 April ISSl.to Margaivt .1., ihmglitei- of I'atrielv 
 
 and .^^arv .\hd)ona]d: thc\' liavc three ehih 
 
 dren : ^hiiv (icilriidi', Aliir ftosamnml and 
 
 John. 
 
 WihLLV.M i'M;Ll>Kl; 
 .\. .M., (n'aflmi and 
 
 died Xovendicr 17, I s;;4. Ho was a |i|-<imincnt 
 citizen and fo)' several yrais serveil assherilVot 
 ILnnpden county. Oliver i']llswoi'lh Slocum, 
 son of I'Jea/.er, was liorn in Tolland, ^Fass., Au- 
 gust Ki, ISOI, and was mai-ried thereto .Maiw, 
 daughter of Cephas and Hannah Mills. All 
 these were i'ai'iiiers, active in town and (diuivli 
 affairs, and worthy repi'esentati ves of an ho]i- 
 orcd and respecteil I'ace. 
 
 William F. Slucum, the ehlest son (if Olis'ci- 
 Iv and ^Lirv (.Mills) Slocum, was hurii in Tol- 
 land township, Hampden cianitN', Mass. ..Janu- 
 ary :n, 1S22. His eai'ly life was speni nn the 
 homestead fai'in and in attending the neigli- 
 horing schools, and in these pui'snits he laid 
 the foundati<in of a I'oliust pliysi(|Ue and ac- 
 (|uired the elementary ti'aiiiing wddi-h sei'ved 
 him well in professidiial work. He i-ecei\-i;'d an 
 
 ILLIA.M FKLHKIHCK SLOCl'M, 
 d IJoston, was de- 
 scended ill the eiglifh genei'atioii from Anthony 
 Sloeomhe, one of (he foi'ty-si.\ '■ lirst and ancient 
 purcliasci's" in l(i-'!7 of the territory of Cohan- 
 liet, which was incorporated .March •">, 1 (i^St), as 
 Taunton in New I'lymouth, Mass. 'idiefound- 
 ei' of the faniilx' in this country was (JiU's Slo- 
 eomhe, who is siip]iosed to have Ijcen a son of 
 Anthony, iiiid who settlcil in the lowuship of 
 I'oi'tsiijouth, Newport county, \i. I., ahout Itl-'iS. 
 This (dies and his wife .loan were memhers of 
 the Socicf\- of Friends, and died in Id.Siiand 
 IdTil i'especti\'el\', leaving nine children, ot 
 whom FJie/.cr Slocum was liorii in Portsmouth, 
 K. I., in 1 (i(i4, ami mox'cd to 1 »artmoutli. Mass., 
 ahout l(iS4. hJieiiezer Slocum, son of hdiezei', 
 was horn in the latter town ahout IT'lo. and 
 mari'icil IJathshiFa Hull, and hoth were mem- 
 hers of the hriciids Society. Their son. L)a\'iil 
 Slocum. was horn in I )artmoiith. l!i-istol count\', 
 ]\Iass., Septcmher I'-'l, 1740, inoxcd to 4'ivertoii, 
 i;. I., with his [larcnts p|-ioi- (o 17o'l, and ahout 
 1770 remo\-ei| to Tolland, Hampden c<iunty, 
 ^hiss., wdiere he died in Hecemher, FsFs, and 
 Mdiere his descendants suhse(|uei]tly resiijed. 
 Eleazer Slocum. of (he si.xtli generation from 
 Anthony, was hrirn .May 27. 17(i>i, in Ti\-crtoii, 
 and mo\'ed with ( he fa mil \' (o 4'ollaiid, where he 
 
 WILLIAM !■■. SLOCUM. 
 
 academic education at \\ insteil, ('onn., I'ead 
 law with l')il lings I'almer of Slicthild and later 
 of ( ireat Harrington. Mass., and was admitted 
 to the ISerkshirc har at Lcno.x in ()ctoher, 1 S4(). 
 In Hccemlier of the same year he hegan active 
 practice in (irafton, Worcester county, wdiere 
 he continueil alone iinl il 1 SiWi, w hen he formed 
 a coparlncrslii]i with the late Jiidg<' Hamilton 
 1). Staples and opiaied an otlice in lioston. 
 
BIOGR. I PHICA L.—MA SSA CHUSE TTS. 
 
 81 
 
 ^[r. Slocuni, lu)\\'('\"cr, luaintjiined liis residence 
 hi (Traftnn until April, Isiiti, wlicii he ni()\-c(l 
 to Nc\\-t()iivilk', ^h\ss. Ahout this tiiiiu he also 
 assoL'iatiMl hiiusL'lf with the new hriii (;oiii[)ose(l 
 of Ju(l,iie Sta[iles and 1". 1'. (iouldinu-, of W'oi'- 
 eester, \\here an oHiee was eondueted undei' 
 Sta])les iV: (io)ildin^, the lioston othee heinti,' 
 eontinued hy Sloruiii tt Staples. These rela- 
 tions were dissolved in 1S71, Staples it (iould- 
 in^ takino- the \\'orcester husiness and Mr. 
 Slocum assuming- sole eliarne of that in l>(.iston. 
 in < )etoher. ISJl, he aihiiittcil his son, Win- 
 fit'ld Scott Sloiaun, to partnersln[i. under the 
 firm name of W. F. tV: W. S. Sloeuiri, wdneh 
 eoutiiuied until the death of the suhjeet of this 
 memoir in S^ptendier, 1S9(). 
 
 ^[r. Slofum, wddle praetieinu in (h'afton, 
 acquired a lari^c and sueeessful law^ husiness, 
 ehiellx' fi'om the towns in the southeastern part 
 of A\'oreester eounty, and Massachusetts Iteports 
 show that he aruued a numhei' of cases hefort' 
 the full hcneh of the Su[)reme .rudi(aal Court, 
 in uian\- of which impoi'tant (|uestiinis of law 
 and practice were discir-^sed and settled. In 
 Boston he found a wdder field for his laiei^ies 
 and ahilit)', and hecame one of the leaders of 
 the liar. He united marked h.-^al ipialifica- 
 tious with the most thorouL;h pi'e[iaration, and 
 as a counselor and ad\'ocate won an eiudahle 
 reputatiiin. His exi.'elleiit juduiueid., inde- 
 pendenee of action and sterling' iide^rity of 
 character made hirn a \'alual)l(.' and homtred 
 citizen of the commuuitw 
 
 111 politics he was an ardent iicjiuhlican. 
 He i'e[ires(.'nted ( (rafton in the lower house of 
 the Massachusetts Le|^nslature in LSUl, and for 
 .several \'ears ser\'ed as a memher and ;it times 
 as chaii'man of the Grafton School ('oiini]itt(^e 
 and of the JJoard of Selectmen. Ju Xewdon, 
 wher(- he resided for t\\'enty-se\'eii years, lie 
 took an aetis'e jiai-t in niuidcipal affairs, and 
 was trial justici' from ISTl to IST'i, wdjeii the 
 Ne\\'tou I'olice Court was or,eani/.(.'d. He was 
 sent as a delegate to Kepuhliean Slate con\'en- 
 tioiis from Xewdon moix' than twaaity times, 
 and was a deacon of the ('entral ( 'oni^re^ational 
 (diui'ch of that cit\- from l-syi tuitil his death. 
 
 He was a nicndier of the Boston and Newd/)ii 
 Connrei^'ational ('luhs, of the ^hissaclnisetts 
 ('lull, and of the lioston ]>ar A.ssociation, and 
 in 1.S71 i'ecei\'e(l from Amhei-st ('ollen'C the 
 honoi'ai'\" dcL^ive of Master of Arts. Mr. Slo- 
 lanii met wdth a sad and sudden death. A\diile 
 on his way to Boston on the niorniue of Se])- 
 teujhei' 4, 18!)(), and when in the act of ci'oss- 
 ini;' the ISostou and Alhany Uaili'oad track.s at 
 Xew tou\dlle to rea(di his train, he was struck 
 hy the t'asthound e.xpi'C.ss and aliufist instantly 
 killed. 
 
 A[r. Sloianu was mari'iefl April "21, BS47, to 
 Mai'uaret, dau,i;htci' of Ivlward L. and Laui'a 
 dduk(a-, of Tolland, ?ilass., whei'c slie was hoi'u 
 duly 4, IS'JT. She died .lauuaiy 'l^), BSSS. 
 They had four children : Wduiield Scott, wdiose 
 sketch appears in this work; Edwai'd Tiiikei', 
 horn Octojier -!9, 1S41», uniduate(l as A. B. fi-om 
 Amherst College in ISTl and us LL.B. from 
 the Boston l'ni\'ei'sity haw School in BS74, 
 and formei'ly register and now .judge of prohate 
 and insoh-euey for ]5ei'kshii-e county: Wdlliam 
 Fi'e(lerick, liorn .luly j!9, Is.")!, gi-aduated from 
 Amherst (.'ollege, X'r^'rl, from the Audo\-er 
 ddieologieal S(aniuai-v in IST.S, and now presi- 
 dent of ('olo)'ado College; and Henry <)., fiorn 
 l'^d)ruarv 2:1, BS.")4, gi-adnate(l from the Xewton 
 Hieh School, ;nid died Januarv 22, B^ys. 
 
 WrXFtBHT) SCOTT SBOCFIM, ISoston, 
 (dty solicitor of the city of Newdoii 
 since BSSl, is the eldest son of the late Hon. 
 William Fi'ederi(.'k Slocum and iMargaret, 
 daughtei- of Ivlward E. and Baura Tinker, his 
 wdfe, and a lineal descendant in the eighth 
 genci'ation of (dies Slocomhe, kiiowui as the 
 fouudei' of the family in America. In a ine- 
 nioii' of his fathei', which apjieai'S in this work, 
 will he found the direct family lineage, even 
 to Aidhony Slor-omhi.'. the supposed fathei- of 
 (dies, who hecame in X^uM one ot the original 
 fortv-si.x ''first and aiKUcad pur(diasers" of 
 Coliannet, wdneh was incoi'porated in Bid!) as 
 Tauidou in Xew Bhuuouth, Mass. ddiis is 
 
82 
 
 THE JUDICIARY AXD THE BAR OE NEW EXGLAXD. 
 
 one lit' tlirolili'-t ;illil Uln-t | unliiilicllt tainilies tnii, Mass., witli liis t;itllfr's tillllily. mill tluit 
 
 ill Xi'W luiuhiml. anil tVoiii its I'.-iiiks are ilt'- i.-ity lias <iiiri' Ihtii liis rcsiiliairr. Ili'snini il(_'- 
 
 scoiiilril a iiiiiiilicr lit' iiirn wiiu lia\a_' Willi ilis- 
 tinrtinii ill ri\-il ami [init'i's^iuiial life. 
 
 \-i-|ii]iril li.'gal ijiialiHrati'iiis nf a liiuli onlcr, 
 ami li\" iiiiliistrv ami tin.' e'xcrrisi' uf L;reat iiat- 
 
 Mr. SliKaiiii was lirirn in ( Iraftini. A\'iiR-r^trr ural aliilit\' rajiiilly uaiiiril an i"ai\'ialilt' stainl- 
 founty. Mass., Ma\- 1. 1S4S. FL^ attiaaleil the iui: at tlir bar. Ilr ^a\-e i-mi-iilia'alile attention 
 Grat'tiiii jinljlir aiu! liiuli srlinnls. Ljraiktatiiig tn iimniri|ial law. ami in April, iSSl, wa.^ 
 friiiii till' latter in Isii.l, ami tliiai entcrrij Am- eli'i-teil city sulicitur uf the i-ity uf Xewtmi, 
 lierst College, h'luii whieli he wasgraihiateil with «'hieh nfHee hi.- has e\a/r since held, l.ieing now 
 
 in i"iiiit lit eniitiniiiiu-- serx-ie-i.' the nldest i;ity 
 siiliritnr in Massai/husetts. His eareer in this 
 i-apai.aty has 1 leeii mie uf iniinterru|iti;-'il hunur 
 ami creilit tn liiiii amltuthe rnniiieijiality. It 
 Cii\'ersa pei'iiiil uf nearly eighteen year~. ami 
 the liare nientinii uf the fae-t shuw's the esteem 
 ami emi tiileiiee in wliieh he is hehl hy his fel- 
 liiw i.atiziai--. Twii rhari^-r- uf ihe i.'ity. tlio-e 
 rif Issl' ami lsi)7. hax'e heeii re\'i-^ei| anil ]iut 
 nitii iijieraTimi innli.'r \\\< ilireci iiin : thealmli- 
 timi lit gr.aile erii--iiiL;s almig the ISii-tnii ami 
 Alhaii\' Uailruail in the cit\' limits has lietai 
 aeeiiin|ili-^hi'il : ( 'i mil mm wealth a \a.'iiue wa- [ilit 
 thrnn^h: ami iiiaii\' nthei- inijinrtant pnhlie 
 
 il]||irii\'iaiielil- ha\"i.' heeli aellie\"eil iJuriliL; the 
 
 Ioiil; jierinil uf his iai\' siiliritiirshi| i. In the 
 reeeiit rase uf the Tnwii lit Xewtiin \"s. the 
 ('ii\" uf Xewton whii'h i ii\'iil \"eil impiiriant 
 i|Ue-tiiills uf lietterniellts ami the la\"ing ulit uf 
 puhlie -iivi-ts. he ili>[ilayeil w-uiiili'i'tul taei ami 
 seeureil a --ett lei iiei It sat isfaeliir\' tu all parties. 
 
 hiiiiui- in isi;;) havini; an uratiun :it eum- Jlr i> a rei;iimnzei| ain linritx" mi iin.niiri|ial law. 
 
 ineneeiiieiit ami liuMin- iiieinliersln|i in the nu( iinl\- herau.-e nf hi< lung ser\-iee as i:ity sn- 
 
 lieitui-, lint also troiii the fart that he liasi:i\-en 
 -prrial attention tu the ~tiii|\' uf that l.iraiirh uf 
 
 AVINl-IELD 'I. SLOru.M. 
 
 I)elt,a Kajipa l-]]i--ilun. He rrail law in rmstun 
 
 \\"itli the well knuwn tirm uf Sliirinn iV' Staples, 
 
 eimipu-eil uf his father ami the late .hulue tlir prufe<,-iuii. Hr-ide- ihi-. he has ile\-iiteil 
 
 Hamiltim li. Sta]ile-. ami wa- ailinilieil tu thf nnie-li time ami thuught tu puhlie iiiattei's. In 
 
 Sufiulk har < )rtuliei' -K) ISTI. ami tu ihe har uf 
 
 tlie Tiiiti'il Sl.ite- ('iiviiit ('uiirt XuNeiijlier is. 
 
 lS7"). 1 muieiliatel \- alfei' hi- ai|ini--iun tu 
 
 IsSLl lie ilratteil ami seiaireil the passage ut' a 
 leL!i-lati\-e art a 111 hiiri zi 1 1 l;' the rit\- uf Xewton 
 tu la\- iiut ami maintain puhlir parks, aiul in 
 prartiee in IsTl hr fuirnrd a rupartner-^hiji ] SSH. a- a iiieiiiher uf the Legislature fiTmi 
 with hi.- fither. whirh nmtinueil umler the Xewtmi. he liki-wi-e drafteil ami ^eiaired the 
 firm iiaiiir uf W. t\ iV W. S. Slueiim until the eiiartiiieiit uf a la w tu pru\-iilr fur an aiMii imial 
 aeeidental death uf tlir -eiiiur meuil .rr mi the water -iippiv fur the ritv. .\ll uf the^e a- well 
 
 4tli uf Septernher. 1.s!m;. He then -m-i-eeded 
 til the tiriii'- hu-nie-s and has -iiice [iraetieed 
 almie. 
 
 In April. Isdii Mr. Slui_aiiii iiiu\"ed tu X'ew- 
 
 as xariun-utlier ell'iirl- mi Ins part ha\-e staiii[ieil 
 him ;is a piiiilir spirited, patriutie and prugress- 
 ive eitizen. 
 
 .Mr. SliHanii. like hi- father, i- an ardent Ke- 
 
BIOGRA PHIC. I L.~MASSACnUSE TTS. 
 
 83 
 
 ])ul>lican, and lias served as jux'sidrnt (if the 
 Newliiu l;c])u)ili(;an (dnliand is ii(i\\' ( 1 S'.IS) at 
 tilt' liead (if a IN.'jiulilicaii wai'd (ii'uiuii/.at idii. 
 lie was a iiu'inln'r of tlic Xcwiiui ScIkmiI ('(Hii- 
 iiiittee frdiii 1(S74 ((• lS77. \\|ii(di was tlic [irst 
 .scdidiil luiard of the laty, and was a I'ejiresenta- 
 ti\"e from Newton to llie lowci' lionse of tlie 
 Massa(diasetts lx\uislaturc> in ISSS and issd, 
 serving as a nieniliei' of the iiii|iortant eoiinnit- 
 tei' oil cities 1 Kith terms, as a mend ler ot' the eo m- 
 uiittet' on hills in the fhii'd reading in 1 SSS, and 
 as ehairman of t 1k' committee on lal ies in 1 SSt). 
 lie is a nKaiiliei' and past maslei- ( 1 S!)(i-!),S) df 
 Dalhousie Lode'e, V. & A. M., of Newton ; a 
 memlna-of N\'wtoii ('lia|itei' U. A. .M., and of 
 Getlisemane ( 'ommanderw K. T.. of Newton: 
 a inemher ot the I. ( ). <). V . of Newion : a miaii- 
 hei' of the ]']\'(a'y Saturda\- ( duh of Xewloii\ille : 
 and a memherof the lloston llai' Assocaation, 
 of the Boston and Newton (Jonurecational 
 ('lulls, (-)f the ^[assachusettstduh, of the liostoii 
 Athletic Association, of the Newton ('luii, and 
 (if the ('enti'al ( 'on^re^ational church of New- 
 ton. 
 
 Mr. Sloiaim was married ( tctohei' 7, lS7->, to 
 Annie A.. dau,L;ht(.a' of ('liarles S. and I'jli/.a 
 ("Frowd iridic) Pulsif.a-, of Newtonvillc, Mass. 
 'Jdiey have had four childr(ai: !'"i'edei-ick I'ulsi- 
 fer (deceased). Agnes I'dizahidh, Chai'les Pulsi- 
 fer, and \\'infi(dd Scott, jr. 
 
 Gi-:()i;(;k isuooks hkjelow, isoston, 
 was hoi'ii Api'il '1'), tS.'id, in Boston, 
 Mass., wdiere he has always reside(l. He is 
 descended tVom .roliii Bic'(dow, wdio settled in 
 W'atertown, Mass., |ii'ioi- to I()4j!, and fixim 
 Jrisliua Bi^elo\\', son of -lolin, wdio i'ecei\'e(l 
 fVrjui tln' (kaiei'al Coui't a ^i-ant of land in what 
 is now fh<' town of \\'estminster, ^hiss., foi- his 
 ser\dees in Kini;' I'liilip's war. On his moth- 
 er's side he is a descendant of Samutd Bi'Ooks, 
 one of the first settlei'sof Bric'liton (now a pai't 
 of 15oston) ; of -loshua Bi'ooks, a son of (_'a}>tain 
 Thomas Brooks, wdio settled in ('oncoi'd, Mass., 
 in l(v!(i, and is of the same fainih' as .John 
 
 ]>i'ooks. L;-ov(aaior of Massaclinsetis ti'om l.Slti 
 to lS:i;;, I'etca- ('hai'don Bl'ooks and the kate 
 Bisliop l'hilli|is Brooks. He is also connected 
 li\' lineage wdlli the Lawi'dicc, (ii'cene, Bi'cs- 
 eott, and otlaa' jirominent families, and is tlie 
 sonofSamuid liigelow and Anna-hiiK.' Brooks, 
 his wife. Ilis kinsmen lan'cseen acti\'e ser- 
 \dce in the Colonial and KcN'olutionary wars 
 as wel 1 as the w:\ v of I .^ 1 '1. 
 
 geori;e i;. iiigei.ow. 
 
 ^Fr. P)igelow was educated in the old Cdjap- 
 num Hall jirivatc school in Boston under 
 Mastci' Amos Baker, and at Har\'ard ('ollcgc, 
 fi'om whi(di he was graduated A. ]>. in iSoli, 
 ha\ iiig as (dassmates (diaries l-'i-ancis jVdams, 
 Judge (leorge Z. Adams, William W. Burrage 
 ((dass secretary), L)ain(d A. (dcason, ITon. .Icre- 
 miah Smith, and many others wdio ln'came 
 k'ading lawyci's, jui'ists, and jirofcssioiud nuai. 
 ( )n lea\dng college he entci'cd the law olfice of 
 James Oaiia and ftfoses (iill Cohh, of lioston, 
 and aft(a' spending a year at the llarN'ard Law 
 S(diool was admitted to IheSuftolk liar Decem- 
 hei' .">l, l.S.i;), hefore the Supnaiie .ludicial 
 ('ourt, and la((a' to the hai' of IIk.' ('inant and 
 Distl'iet Coui'ts of the Idnded States. Mi'. 
 Bigelow has hei'ii a(di\ady and succcssfulh' 
 engaged in the practice of his ]ii'ofcssi(in in 
 
84 
 
 THE JUDICIARY AXD THE BAR OE NEW ENGLAND. 
 
 Boston siiu-f January, lS(i(l. Ih; rt-inaiiied 
 ^vitll Daiui it ('ohl) until Afr. ( 'olil/s reni(i\-al 
 to ( 'alifornia, when he tnnneil a ci>[iai'tiuTslii[) 
 \\'\{\\ Mr. I'ana. under the tirni nairie "f ])ana 
 iV' hSi^elow. whieli eontinued ahdut two years, 
 when Mr. Dana I'etireih Latei' lie liad as a 
 jiartner ('harles .f. ^[elntire, now .jud^e nf tlie 
 Probate (V)urt (if Middlesex connt\', and still 
 later Samuel ('. Darlin.n': hut with tliese ex- 
 eeptiiiiis he has eontiniu'd to praetiee alone, 
 devoting' himself to otfiee husiness pertaining 
 to the settlement of estates, pmhate matters, 
 con\"eyaneiug, mercantile atf'airs, nrganizatimi 
 of eiirporations, vie. Since about isyo 1k' has 
 lieen the attoi'ney for The Boston Five('ents 
 Savings 15ank, one of the largest institutiiins 
 in the ( 'oniniiiuwealtli, and to its inteivsts and 
 welfare he has given the best results of his 
 judgment anil eare. 
 
 Tn politics Mr. ISigelow is an ai'dent Repub- 
 lican, but lie has nevei' sought ofKce Viy eitbei' 
 appointnieiit or tdeetion. He has devoted his 
 time and energies almost exelusi\ely to a large 
 and constantly increasingofHce practice, achie\'- 
 ing liy his I'ccogni/.ed legal ability and [ler- 
 sisti'iit ap[>lication a high standing at the bar 
 and a leadership among his eminent [ii'ofessioiial 
 l)i-etliren. Methodical in his habits, coui'teous 
 and companionable in .all his inteicoursc. and 
 a scholar li>' nature and jiractice. he is a man 
 of great firce of chai'acter, and dui'ing an act- 
 i\'e careei' iif nearly fort\' yeai's has enjoyed the 
 respect and contidence of the laitire communi- 
 tv. I le is a memfier of the Bostonian Society, 
 of the I'loston ,\rt Club, of the Moston Athletic 
 Association, and of the ICxchaii^e < 'lub. 
 
 Mr. I'ligelow wasmai'ricd .lune i^. 1 Sd'.l, to 
 f'lara I'., daughter of I \-o)'y Heaira prominent 
 conti'actor and builder of Boston. 
 
 ASA FKEXCll, Hoston,. judge of the Court 
 of Alabama ('laims at Washington dur- 
 ing the existeni;e of that tribunal, was born 
 ( )ctobei' 21, 1S2!I, in Brainti'ee, Mass., wdiei'c lie 
 has alwavs i-esided. Tin.' old homestead in 
 
 ISraintrec, \\ hicli he still occupies, was settled 
 ill 1(14(1 by his lirst American ancestor, John 
 I'T'ench, who came there from England, and it 
 has ne\'er been out of the family. His ances- 
 tors ha\'e been prominent citizens of that town 
 for nearly ^(iO years, serving it in \'arious offi- 
 cial ea[iacities and exerting a wholesome iiiHu- 
 eiice upon its growth and prosperity. His 
 great-grandfather, ( 'ajit. Moses French, was a 
 soldier in the l!e\-olutionary war, and his 
 grauiUather, Asa French (h-oni whom lie was 
 named), was for many years postmaster of 
 liraintree, town clerk, town treasurer, etc. 
 .loiiatlian French, father of the judge, married 
 Sarah 15. Ilayward, and was a respected farmer, 
 town treasurer, and selectman. 
 
 Judge Frencli attended the public schools of 
 liraintri.^e, received his preparatory education 
 at tlie Leicester Academy in \\'orcester county, 
 
 AS..\ FRENCH. 
 
 and ill 1S47 i.'ntered Yale ('ollege. from which 
 he wa- ur.iduatcd with bonoi's in Is.ll. and 
 was a member of the Yale ('liaptci-. I'lii lieta 
 Kappa. He then entered the Harxard Law 
 Scliool, but a year later ti'ansferred his studies 
 to the .\lbany Law .School, and while there 
 was a student in the office of .loliii \'. L. I'l'uvn 
 and .lohii H. UeN'iiolds. two of the leadilia; 
 
n I OCR A PHICAL.—MASSA CHUSE TTS. 
 
 85 
 
 nuMul)i'rs (if I he Alliany li;ir. After spi'iidiiii;' a 
 term in that institution lie rctnnicil In the 
 Hiirvanl \.\\\ Sclinnl and tonic liis ijc^i'cc of 
 LL.B. in ISo;;, H^. also read law \\\ Jioston 
 \\'\\\\ l)a\"id A. Siinnioiis and IlarNcy Jcwndl, 
 and upon his admission to the SulVolk l>ar in 
 the fall of l.So:i hi'^an acti\'e iiradic;' in that 
 eity as a partner iif the late ( leoi-^e Wdnte. 
 This eoiiartnershi]) eontinued until July, iSnS, 
 \\dieii (i(_i\-ernor lianks appointed Mr. Wdnte 
 juilge of the ( 'ourt of I'rohate and Insolvtaiey 
 for Xorlolk eiiunty. Sim/e then .Mi'. I'"ren(di 
 has prai'tieed his profession alone. 
 
 \\\ Isdl) he was a[)[)ointe(l hy ( lo\-ei'uor ( 'luf- 
 lin district attorney for the S(-iutheaslern dis- 
 trii/t of Massachusetts to till tln' \'a<-ancy caused 
 hy the resignation of the late [hm. I'Mwai'd L. 
 Pierce, and hy suhseijuiail idections hy the peo- 
 ple held that office for thii'teen yeai's, or until 
 1SS2, wdien he I'esi^Ued to ;iceept the juil^esliip 
 of the ( 'ourt of A 1 aha ma < 'la i ins at Wash i nut on. 
 He officiated as judue with ureat diL;iiit\- and 
 .satisfaction dnrinu the existiaice of that cfnirt, 
 relini|uishin,u tlie }>ost I )ecemlier •''>! , ls,s,~;,and 
 then resnmeil the acti\'e practice of his profes- 
 sion in Hostnii. In Issii he was nominated hv 
 (io\'ernor honu tosneeecil .ludec I-]/.ra Wilkin- 
 son, deceased, as associ.'ite justice ot the Supe- 
 I'ior ( 'oiirl of Afassatdiusctls, hut he de(diiied 
 the honor. in IS.Si; he was tendered 1)\' ( io\'- 
 ernor jvoliiii-^on a position on the State ISo.ard 
 iif Arhitration and ( '(aadl iat ion, (M'c.afi'd hy Act 
 of the Lee'islature that year, ha\'ine- heen rec- 
 omiiKaided 1)\- the otlau' two meinhers ;is pro- 
 
 \ided in Sect. I of tll.at Act. hilt di'elilie(l. 
 
 .ludee l'dvii(dl is ;in ahle laWN'er, and for 
 
 many \'ears h,as heiai a prominent UKauliei- of 
 the Sulldlk h,a|-. Ilis str(Mie- leeal i|il,a I iliea- 
 tions, liis,L;ood juduiiKad and sejum! common 
 sen.se. his powei- for ai;i;unj(ait, and his ke(ai 
 dis(a'iininati<iii ln-tweiai I'ieht and wrone- ure 
 wddcd V reeoeiii/,e(l and admired. On I he heiKdi 
 he displayed rare judicial (pialities and won 
 universal a[i[)rohation. ile jiossesses a thoi'- 
 oueh kiiowdi.'dee of tin' law. and has atfaine(l 
 tliat eillilKaice in the [i|-<ifession wdiicli true 
 inC'i'it, comliined with industrv and natural 
 
 aliility, usually lirings. I)urinu a lon^ niid 
 ai-ti\'<' <;'areer he has heen c()nnected with many 
 important cases, laie of the most notewoi'lliy 
 heiiiij,- file celehrated Ando\'ei- case, in \\dii(di 
 he was associated with the late .Iudjj;e Hoar as 
 i'ouns(d of the Hoard e)f \dsil(irs. in politics he 
 hasalw^ays heen ;i consistent i;e[)uhlican. lie 
 was a memlier of the lowia- house of the Leeis- 
 kaliuv in l.Sdd, and \\-hile actiiii;- as district at- 
 foi'iiey was also a meinher of t he Ma.ssiichnsetts 
 I'dsli < 'orninission, hut I'csiened hoth offices f)n 
 iieinu appointed judue in ISS::;. He has lieen 
 president of the hoard of ti'ustees of 'idiayer 
 iVcademy at ISraintree since the death of lion. 
 ( Jeoru'c d'yler l!i,i;elow', the lirst presidcad, in 
 1 sy.S, and has also heen chain nan of the hoanl 
 of trustees of the Thayer l'ul)li(; Pilirai'y, <if the 
 s.ame place, since its foundation. He was the 
 first pi'esident of the N<.)rfolk ('luhand was one 
 of the earliest iiuaiihers of the idiiversity ( dnlj. 
 .Iud,ee I'd'cncli was inarrie(l .June 1.'!, LS.").!, 
 to .^^iss Elfai ('li/.he, daueht(a' of Ellis (dizhe, 
 (if Amsterdam, N. Y., wdio died Sept(MiilHa- 1:^, 
 of the same year. Fn ( )ctoher, lS."j,S, he mar- 
 rie(l for his second wife. Miss Se)phia !>., dau,L,di- 
 t(a' of Simeon I'almer, of IJostoii, who died 
 I )cc( an hiM' l'o, iS'Jl. They had five children, 
 of wdioni fair are li\"in!4': Asa Palmer Pi'eiitdi. 
 a la wyer of Hostoii, wdio gained recognition in 
 the reciad Pram trial ; and Paiima L., Harriet 
 ( '. fwif • cif ('harle-: W. .Mixler of Ph'inouth, 
 .Mass.). and Sophia AT. 
 
 WILLI. \.M .VDAMS .MLXpoi;. I'.os- 
 t(ni. son of William W.atson A[unroe, 
 .and llanii.ah Lostia' Adams, was horn in ('.ani- 
 hridu'e, .Mass., No\aanh(a' II, 1 S (;!. He is a 
 lineal desc(aidaut 111 Willi.am Munroe, lioiai in 
 \^V1'\, who came h'oni Scoll.and to Le'.\ini;lon, 
 Mass.. in l(i")'_', .and who died m 1717. The 
 line from him is ( leor^^e (■_!), Wdlliam (d), Dea- 
 con .lames (4), l)eac(jii .lames (o), William \\ . 
 (<i), and Wdlliam A. (7). I 'eacon .lames .Mun- 
 roe, sr., who married Lucy W.alseni, was a dea- 
 con of the I'drst ( 'oniircuat iona I elnireh of (Ami- 
 
86 
 
 THE JUDICIARY AND THE BAR OF XEW ENGLAND. 
 
 Iii-id^e tVuin its:; until liis ilt-atli. ])e;icnn 
 James, jr., his son, niso a ik'ucon ot that clmn/h, 
 was uiarricil .lunr 10, ls()4, to Kehi-cca Watson 
 of ('anihri(l,u,x'. Tlie family took a jivominent 
 part in tlu' stru,L;',uli' for American Indejiend- 
 enee, ami for si.'X'eral n'enerations has heen aet- 
 ive ami influential in ('amhrid^e ami vicinity, 
 heinn' clo,-^elv idcntili{'(l with I'eli^icar^ and edu- 
 cational matters, ami reiiresentinu- in e\-erv 
 path of life thnsc sterling princiides wdiicli 
 characterize the typical New l-jiulanders. 
 
 \VII,L1.\M A. MU.XROE. 
 
 ^\'illiam Watson Munroe was ennaued in mer- 
 cantile fiusines.^ ill ( 'amVn"idi;e. and died in 
 Au.u'ust, l>!7li, and was the hrotlier of .lames 
 ]\[unroe, a pi-omincnt ISostim puhlishcr. Jiis 
 wife was thf ilaUL;hti-r i")f William Adams and 
 a i;ranildaUL:,hti'i- of .lnhn Adams of Arlington. 
 ^[ass., where Ikt finiil\' were very early set- 
 tlers. 
 
 William .V. Miniroe inhei'ited the force of 
 character and strength of i)ur[)Osc wdiicli dis- 
 tiugui-^hed his ancestors rm hotli sides, and \)\ 
 steady ajiplication ha- de\'(do[ied a cari'cr wor- 
 thy ofemnlatinu, lie reciaveil his preparatoi'y 
 education in the ( 'a mhi'idue c-]'airnnar and high 
 schoc)ls, graduatim; fi-oni the latter in ISfiO, 
 and then entered II;ii\'ard ( 'ulle^e. tVom wliicli 
 
 he was gi-adu:ited with honors in lS(i4, liav- 
 ing an JMiglish dissertation at conniiencement, 
 and holding menihership in the I'hi Beta 
 Kappa fraternity and in the Natural History 
 Societv. J)uring tlie next two years he acted 
 as a pri\-ate tutor and also continued his 
 studies. He I'cad law at the Harvard La\\' 
 School in iSdC and IsCT and suhseijuently in 
 tlie ottice of Chandler, Shattuck tV: Thayer of 
 Boston, and w^as adnntted to the Suffolk har 
 •fulv lio, Isiis, In the autumn of that year 
 he liegaii the g(aieral pi-actice of liis ]>i'ofession, 
 first with his legal preceptoi's and aftei-wai'd 
 alone, and in l'"ehi'uai'V, IsyO, he forined a co- 
 partnership with ( ieoigc < )tis Shattuidx, for- 
 merly of < 'haiidlei', S|)attU(d< <.V: Thayer, wduch 
 continued until Mr. Shattuck's death on l'\-b- 
 ruary '!'■). lst)7. f'rom 1S7;', until hisap})oint- 
 nient as associate Justice of the Supreme .Judi- 
 cial Court in Deceiidier, ISSi:!, Hon. ()li\-er 
 Wendell Holmes, ji'., was also a memln-i- cif this 
 firm undci' the styli' of Sliattuck. Holmes tt 
 Munroe: dui'ing the ivmainder of the twenty- 
 seven \"ears of its existence the firm name was 
 Shattuck ct Munroe. This hecanie one of the 
 strongest and hest known law firms in Hfjston, 
 and for an unusually long period \\-as (.'Onstantly 
 hefoi-e the courts as counsel in leading cases. 
 Since the death of Mr. Shattuck In- has prac- 
 ticed alone, continuing the old Hrm's husiness. 
 Mr. Muiu'oe ra]iidl\' gained a recognized 
 standim: at the har, his natural aliility. his 
 umvmitting industrw and his hriiad legal 
 (|ualiHcations all hringing him into prcani- 
 nen(;e, hoth as a lawveiand an ad\'ocate. He 
 is a mend)er of the har of the I'nited States 
 Supreme f'ourt. He was counsel in a large 
 numher of cases growing out of the Alahama 
 Clainrs, and has lie(ai coiniecfed with manv 
 other im})ortant cases, among them tho.^e of 
 Sno\\" \"s, Alle\' and Lowell \s. Willard et al. 
 He \\'as also retaine(| ;is couns(d in the Jviug 
 hafieas corpus [n-oceedings and in the recent 
 litigation wliiidi in\-ol\-ed ilamages to mill 
 owners hy the taking of \\-ater from the South 
 Nashua Ui\'ei' hy the city of Boston foi' its 
 water su[>ply. In these as well as in other 
 
JUO GR- \ PI 1 1 LA L~I\L I SS. I C H I 'SB TTS. 
 
 S7 
 
 lavgt' trials lie (lis|ihiyeil n tli()i'()njj:li aiiil com- 
 |)i\'lR'nsi\'c kuiiwlLMlnx' ot'tlii' hiw imil rciiiai'k- 
 ahle al)ilitv as an aiK'nfatr. Mr. Miniroc has 
 
 (Masmi) I'arkiiiaii : anil tlic son of Mr. Samuel 
 ami Mary I'^Iiot ( 1 )\\ii:lil ) I'ai'k iii;iii. of lloslmi. 
 Ilis iiiotlK'l' was the daimlitci- of IvIiiiiiihI 
 
 ]>r,ii-tirall y luaai a lit'cloiin rcsidciil uf ('am- l)wii;lit, tVom wliiim (nic uf IJostoii's ^ra mmai' 
 liiidye, wlieve lie lias hccii for maiiv N'cai's an scIiodIs is naiiK'd. 1 •!■. S;imucl I'ai'kmaii, lal lici' 
 artive, [)rno-rt.ssiv(' and iulliuail ial citi/.iai. lie i>t' ir(aii-y, was a disi in,niiisli('(l pliysician ii: 
 was one uf the comniissioncrs lo I'cNisc \\\v IJnslon until liisdcalli in |S.")-|, mid was pi-cs- 
 ('aniliridge city rliailci- in ISIMI, li;is liceii a cnt, at the Massachuscl Is lluspilal, at the fu'st 
 niemher of the S(diui>l < 'nmmit Ice at dilfereid dciiKmstratidu of ct her made in tin' wui'ld, 
 times fur thirteen years, and has ser\'ed as 
 ehairrnan of the ( 'amhiadee l.atin and lii^h 
 Sehuul ( 'unnuittees. In [lulilies he is a Ue- 
 puhliean. He has heen a tiaistee uf (h" New- 
 ton "riieiiluuical lirstitntiun fui' se\"ei'al yeai's 
 and is now ]ire<ident uf the heard: has heen a 
 nieniher of the ISostun ilaptist Social I niun 
 since isiid and was its iii'csiihait in Issi'; was 
 a tV)uiider and one of the ineor| lui-atui's ni the 
 < 'olunial (dull uf ('amlii'id^e, and is still a 
 nuaufier: was fur se\aaMl N'eaiv ;i tiaistee ut the 
 Avon Home of ( "amhi-ide'e : and is a directui- 
 of the ( 'anilirid,L;c ^'unnt;' Men's ( diiast ian As- 
 suciatiun and a mianher of the eor|»iii'at ion ot 
 the C'amhridu'e Sa\'in^s Hank. He is also a 
 trustee and a nKanlna' uf the ( 'ur[iui'al lun uf the 
 Camhride'e Hos[(ital. a direetoi' i^[ the Ames 
 I'luw (_'urn]ian\' ut JJostun, a memhei- ul the 
 CamhiadLie ( duh. of wdiiidi he was |ii-esideid in 
 ] s;H), and a meiiihei- of t he hii'sl ISapl isl eluu'idi 
 of Canifiridg'e. 
 
 Mr. Mini rue was mariaeil Xo\-iaiili(a' ::!2. 1 .s? 1 , 
 
 11E.\R\' PAkKMAN. 
 
 Ilian'\" I'arkman was hoiai ni IJustun .Mass., 
 
 tu Sarah D. Wdntin,-. a native uf Salem and -"^I^f^' -•"'• l'^"'"- feeiaved Ins i.ivpai'aturv eduea 
 
 the dauglitei' uf Asa A. Wdiit Iiil;. uf I 'l\'iiiunth, 
 IMass. Tliev lia\"eune dauuhtei-, Helen W'liit- 
 inu Munroe. 
 
 tion at the ]iri\'ate sidiool n^i l']|ies Sai'giait Ih.x- 
 well. and was gi-aduated fruin liai'vai'd I'lii- 
 \'ersit\' in ISTH. amung his classmates heiiig 
 (tuv. Ku^vr Wuleutt. (MjdfrcN- Mur.se. uf the 
 
 Bustun Itar, and Hun. William !•'. Whai'tun, 
 
 first assistant seei'etary uf state under .fames ( t. 
 
 HEXl;V i'Al;K.M.\X. \. M.. I'.uslun. IS I'.laine. Wdnle in cullege he was a iiMaulHM- uf 
 descended tVum thuse i'lirilan settlers the Hasty ruddine < duh a nd ut lua' ui'gani/.a- 
 of Xf.-'W ]']ngland whuhi-a\'eil unluld dang(a's tiuns. He was gradualeil frum HaiA'ard i^aw 
 during the eai'lv histor\' uf the (■ulunies. lie S(diuul with the degi'ee n[ Lh. !>. in isy^i, and 
 is a great-great-gi'andson uf l'>hene/,er I'ai'kman, I'emaining lliei'e anuthia- Ncai' luuk the degi'cc^i 
 fur fifty Years the lielu\'ed pastor uf t he eliill'ch uf A. .M. in 1 S74. He was admitle(l tu the Suf- 
 
 in \\'estl.ir)i'ei. Mass., a gi'eat-grandsuu t){ Sam- fdk ha r in .Inne, JST-I, and fur se\'eral yeai's 
 U(.d i'ai'krnan, a pruniimait liosloii merchant; thercattei' was in the otlice of the w(dl known 
 a erandson of Saiiiucd and ,Mai'\' Ih'omiiidd la w tirm of Kuss(d KV: i'utnam. ,\hout 1 SS-_' he 
 
88 
 
 THE JUDICIARY AXD THE BAR OE NEW EXGLAND. 
 
 licgan active practice aldiic. He sdoii Liiiined 
 a liigli staiiiling at tlie liar for his al)ility, iii- 
 ilustry anil good juilgmcnt, and successful!}' 
 liuilt up a large legal business, wliicli was 
 almost exclusi\-el\' of a clianilier cliaracter. 
 His duties were gradually confined to the man- 
 agement, settlement, and administration of 
 trusts and estates, either as trustee, executor, 
 or counsi-l. 
 
 He has heen foi' nraiiy years a leading Ue- 
 pulilican, and has tilled se\'ei'al positions with 
 great credit and satistiu'tion. He was a mem- 
 l.)erofthe Huston ('(jmiiam C'lanicil frdui IsTH 
 to 1S.S4 inclusi\-e, a rejircsentative to the low^a- 
 liouseiif the Ix-'gislature fioni \\'ai-d Nine, Bos- 
 ton, in Issy, Isss and issi), ;nid a niemhcr 
 of the State Senate from the old Fifth Suffolk 
 district in 1S9:^ and Isi):). In the House he 
 .served as chairman of the couimittee on cities. 
 l)ills in tliird reading, and lioi'sc railroads, and 
 in the Senate he was chairman of the cnunnit- 
 tee on cities and a niemher of \'ai-ious otlna- 
 important comnuttees. Ide was appciinted a 
 ]iiemher of the Massachusetts State I'l'ison 
 ('ommission l)y (Jo\'erner ( ireenhalge and re- 
 appointed hy (4ii\-ernor ^\'olcott. and has ficeii 
 its chairman since ISiXJ. ( )n t\\T) or three 
 difti'i'iait Occasions he was elected chairiu.an of 
 the City lU'puhlican ( 'lainnittee of IJostiai.and 
 rendered it \aluahleand efficient ser\ice. He 
 has heen acti\'ely identified with the Provident 
 Institution foi' Sa\'ings of ISosfon for ahout 
 t\\-enty years. ser\'ing it for a time as secretai'y. 
 and I icing its treasurer sini-e iSilo, Mi-. I'ark- 
 man is a jiuhlic spirited citi/en. an enci-getic 
 jiusincss man. and a lawyer of recognized 
 ahility and prfimiuence. He is a meniher of 
 the I'nion. St. ISotolpli. (Country, and I']astern 
 Yacht (dul)s. of the Hoston ,\thletic Associa- 
 tion, ami of se\'eral otlier social oi'ganizations. 
 
 In August. Isi-M), lie was married to Mary 
 Fi'ances I'ai'kei'. daughter of Hon. ('ortlandt 
 I'arker. the leadei' of the har of Newark. X. .1.. 
 and (Hie of the most endnent la\\\\-ers of that 
 State. Thi'V ha\'c h\'c (/hildren: .Marv FJiza- 
 hetli. Edith A\'olcott. Henry, jr., Penelope 
 Frances and a hahv. 
 
 BFX.IAMt 
 the elde,' 
 
 I IN L. M. TOW'FK. P.oston, is 
 est son and tdnld of Hr. (ieorge 
 and Adeline (Lane) Tower, and a lineal de- 
 scendant in till' tenth generation of Uohert and 
 Doidthy (Hamon) Tower, of Hingham. Nor- 
 folk. England, wdiose son, .John Towei'. was 
 horn in KiOi-l and came to New England in 
 1(!.'!7. .lohn Towei' was oiie of the first settlers 
 of Hingham. Mass. In Kio.S-i) he mai'rieil 
 [Margaret Ihrook, of ( 'harlestowii. and their 
 son. Ihrook Tower, hecaiiie one of the tounders 
 
 ^^^H^#l 
 
 Vi 
 
 ' ■■^fe^vV^^ ^ '■■■ i 
 
 
 m"^-' 
 
 
 llENJAMIN L. M. TdWER. 
 
 of ( 'idiassei. Mass.. \\diere he held \-arions town 
 offices, and ^\dlel■e the family has evci- since 
 maintaineil the parental homestead. Daniel 
 Tower, the youngest (diild of Ihrook. was horn 
 thei-e .Inly 24. l(il-)L'. ami hy his wife. Sai-ah 
 Lim-oln. had a son. 1 )aniel. jr.. wdio mari'icd 
 ISethiah Nichols. ^Pludrson Le\i st-i'\'ed se\-- 
 ei'al yeai's in the Re\-olutionary arniw lirst as 
 a drunnnei' and aftei'wanl as ;i srildici'. auil 
 was jirescntat the siege of ISoston and in othei' 
 engaucnients in tlie \di-init\'. Nicholas Tijwer, 
 son of Lc\'i. was horn in ( 'ohasset in 17S7, 
 niai'ried .Vnne Pates, and died there in L^(i(i. 
 Their son. 1)|-. (teorge Tower, father of the 
 suhject of this article, \\-as horn .Vpril !». Isll, 
 
BIOGRA PHIC. I L.—.U. I SSA CHCSli 'ffS. 
 
 Si) 
 
 iiiul ln'caiiic :i ]>r(uiiiii(Mit [ihysician iu ISosloii, 
 wiieix' \\v (li(_Ml ^[ay 1 1, lS7(i. 
 
 ISenjaniin 1.. M. 'I'ower was lioni in r>i)stnii, 
 Mass.,.Iuin' 17, 1.S4S. He was ^I'ailuateil IVuiii 
 the ]>()ston Ijatin Sehodl, as a l''raiikliii iiicilal 
 selielar, in isi;."), and {\\c saiiic year entered 
 Harvard ( 'ollege, I'min which he was n'radualed 
 with lienors in 1 S(i!), holdini;- nieiiil)e)'shi[i in 
 the Institutt' of 1770 and in the old ( ). K. 
 Sneiety. After sjiendini;- ahdut a year in the 
 Harvard l.aw ScIkkiI he Ijeeanie a student in 
 the ofHee of Brooks cV: liall, then the leadini; 
 niereantile and corporation lawyei-s in ISostou, 
 and has |iiaetically heen conneeteil with that 
 tii'Ui and its successors evt-r since, succeedine- 
 linally to its husiuess. He was admitted to 
 the Suttolk har in I)eceiuher. lS71. and in 
 1 S74, with Mooitield Storew was made a mem- 
 hei' of tile hi'iii under the name of ISrooks. 
 J>all A: Storey, wdnch ])ecaiiie, after the death 
 of IsVv. ]>rooks in 1SS7, liall. Storey t^- 'j'owei'. 
 A little later Mr. Stoi'cy retiicd on account of 
 his connection with the l"nioii I'acitic Rail- 
 road and the name was (dumped to IJidl A' 
 Tiiwer. .Ml'. ISall's ileath occurre(l in !)eeene 
 hei'. lS'.-e^. and from then until .lul\' of the 
 present year Afr. 'J'ower conliuued the husiuess 
 alone under the name of liall A Tower. The 
 present firm of Tower (i* North w.as firmed 
 .lulv 1. 1S!)!». 
 
 .Mr. Tow I'l's p|-aetice is e.xclusicidy in those 
 dejiartliieiits relating fo hanks, corporat imis, 
 and mercantile matters, and duiani;' an aeti\a' 
 jirofessional eareei- of t wenty-se\'en years he 
 has lieen eminently successful. Tlie old liiaii 
 of lirooks A' iJall were counsel for tin.' recei \'ers 
 of the ISostoii, Hartford A Erie Hail road, w hi(di 
 suhsei|Uent ly hccame the New York A' New 
 l']ne|and, and in the trial and settlement of 
 the nurncrous <-ases w hich L;rew out of the af- 
 fairs of that corjioi'at ion he iieipiired much 
 N'aluahlc experi(.-nce liN' reason ol the aeti\e 
 part he took in those matters. I le also na ined 
 a high reputation in the [jractiee of hank'ruptcy 
 law, which he special i/.ed until theact of l.S(i7 
 was i-e])c,aled. As a corporation lawyer, con- 
 nected with many large and important inlcr- 
 
 esls, he has achieved emiiiiait success, and i^ 
 recognized ,as one of the ahlest memhc'rs of the 
 lioston hai- laig.aged in that branch of the 
 p|-ol'ession. He is not only a wise and safe 
 counselor, hut a strong ad\'oeale, foi'cil)le in 
 argument, and (dear .and con\ii]eing in the 
 presiadat ion of facts. 
 
 Mr. Towa.'r is a consist i.'iit Iiepuhlican, hut 
 li.as ne\'(.'r soul;Iii nor aceeplcMl political oHice, 
 preferring the iininten-u pted practice of his 
 jirolession. He has coutrihiited occasional 
 artiides to the newspapiu's, is a meniher of the 
 leading (dulis of his nat i \'c city, and is a [)rom- 
 iniait Mason, lieiiig ji.ast m.aster of St. .lohu's 
 Lodge, F. A .\. .M.,and past comm.andcr of St. 
 Hernai'd ( 'ommaiider\', K. T. He has also 
 heeiia mianhcr oC the lloston iSai- Association 
 since its estahlishment in lS7'i.and asacitiziai 
 is puhlie spii'iteil, patriotic, and eiitia-prising. 
 
 .Mr. Tower was married .hily •'!, lS79, to 
 ]']li/,a .\.. daughter of Mr. Saimad k'ueeland, 
 till' well known sci(aitist ,and prolcssor of the 
 .Massacdiusetts Institute of Tetdinology, and 
 I'^li/.a M. (Airlis. his wife, of Hoston. ddiey 
 ha\'e lour (dii Idreii : ( leorgc Hrimer (;i student 
 at IIai-\-ard ( 'ollege, classof UlOl ). ]-:iiza ( 'urtis, 
 l)(aiiamin ('urtis, and Adeline Lane. 
 
 BLX.JA.MIX FKANKLIN H.WFA 
 ford, iiractieini'' in liostoii, is the 
 
 vS, Mcd- 
 pracMiang in llostoii, is the si.ni of 
 1^'rederick and Sarah (Iliird) Hayes, a urand- 
 soii of Fdijali .ami Mary ( (irant) Hayes, and a 
 direct ilescendaiif of .hihn Hayes, a Scot(di i'li- 
 ritaii wdio came to this coiiutr\' from Scotland 
 and settled in New I'jigland iii IdSd. His 
 mother w.as tin' daughter of Hiaijamin Ilurd, 
 of North LiM'wick, Me., who was a sou of lUai- 
 jamiii Ilurd, sr., a soldier iu the army of the 
 Iie\'ohit ion. and .lohanna ( ( diadhoiirne) Ilurd, 
 his wife, deseiaid.aiits of the Iliird .and ( 'liad- 
 JMairne families wdio were among the \er\- 
 earliest settlers ill wcstiaai Maine. 
 
 Lcaij.amin F. IIa\'i's was horn in the town 
 (.if l!(a'wic'k in the State of Maine on the •'!(! of 
 •luly, LS.'Ki. He rec(.a\'ed his primary e(luca- 
 
90 
 
 THE Jl'DJCLlRY AXD THE BAR OE NEW ENGLAND. 
 
 tioii ill the l)Or\\'i(;k pulilic scIkkjIs and at Ja'Ii- 
 aiiiiu Acadciiiy in Maine and was littcil for 
 c'olk'm' at New llaiiipfon Academy in New 
 Hamjisliiiv. JleenleiXMl ] )artiii<)ut]i in IS.")") 
 and was ,i;raduated tliei'efi'oin in l.S.")9. ( )n 
 lea N'inL; college lie liecaiiie a studtait in the law 
 office of Wells A' P^astnian. of Oivat l<'alls, X. 
 PL, and continued liis legal studies under their 
 instruction one \'eai'. In isdO he entered the 
 
 IIENJA.MIX !•■. HAYES. 
 
 Ilai'vard \a\\\ .'-School. \\her(-' he I'eniained 
 an(.)tljer year, and was aduiitteil to the Snitolk 
 bar in Hoston on March l.S, iSlil, wdiih.' a stu- 
 dent in the law s(diool. At the (dose (if the 
 law scdiool year he entered the law office' of 
 JJaker A' Sulli\-an of lioston, and a short time 
 afterward hegan the acti\"e practice of his pro- 
 fession in Medfonl, Mass., as a partner of Hon. 
 Elihu (A liakei' and (u'orge S. Snlli\'an, son of 
 Aftorney-( ieneral .hilin Sulli\-aii, of New Hamp- 
 shire. 
 
 In 1 S(;-_' Mr. Hayes was appointed a ti'ial 
 justice for the county of Middlese.x hy ( lo\'ernor 
 John A. Andrew, and held the office until well 
 into the year is?:!, when he resigned. In 
 18(14 he was also a[)pointe(l an a.ssistant ['nited 
 States assessor under the re\'enue \-a\\ then in 
 force, under I'hineas .1. Stoin', of ( 'harlestown. 
 
 ami served in that capaeity about six years. 
 lie repi'csented tlm town of Me<lford in tlie 
 (ieneral (.'ourt of IS7^, IST-'l, and 1874, and 
 was a senator in 1S71S and 1.S7!), and duiring a 
 part of his legislative sei'vice h(> was chaii-man 
 of the connnittee on to\\'ns and recei\-ed the 
 congratulations of the .speaker of the House on 
 his success in carrying through every measure 
 upon wlii(di his committee had I'epiorted fa\'0i'- 
 ahly and in defeating all those against wdiich 
 it had deidded. In 1.S79 (iov. Talhot recom- 
 mended many constitutional amendments and 
 in conse(pience tVir the tirst time a joint com- 
 mittee on constitutional amemlments was es- 
 tablished, and ^Fr. Hayes was the ehaiianan 
 on the jiart of the Senate. This connnittee 
 then reported an amemlment pro\-i<ling for 
 biennial elections and bieiniial sessions of the 
 Legislature, and it pa.ssed both braiadies with 
 substantial unanimity. He was a member of 
 the INledford School Board from l.S(i,S to 1.S71. 
 He took an active })art in the introduction of 
 water into the town and for some time was 
 chairman of the Medford \\'ater Board, Ijeing 
 lirst chosen to thejiosition in 1(S7(1. Tlu' town 
 obtaine(l a city charter in Lsfjl^ and organized 
 a city government under the name of the city 
 of Medfonl in .lanuary, ist);!, and on tlie 24th 
 of that month Mr. Hayes was appointed its 
 first city solicitor by (ien. S. C. Lawrence, the 
 lirst mayor, and 1k' still Iiolds that office. He 
 bad for many years previously transacted the 
 general \a\\ business of tlie town, was for some 
 time chairman of the town appropriation com- 
 mittee, and bad representeil the t<iwn in nu- 
 mei'ous important matters before the courts and 
 legislative connnittees. l'[ion the organiza- 
 tion of the Medford Saxdngs liank in Iscy be 
 was idectcil one of its trustees and a memljcr 
 of its board of imcstment, and he still servt's 
 the bank in those capatdties. In politics lie is 
 a liepublican. He has been a member of the 
 liar Association of the city of iSoston since its 
 establishment in lS7(i, and is also a memlier 
 of Mount Hernion Lodge, 1". A' A. M. 
 
 For many years ,Mr. ILiyes has maintained 
 a law offit'C in Jjoston, where, as in Aledford, 
 
lilOGRA PI lie A L —MA SSA CHUSIi TTS. 
 
 1)1 
 
 he is rOL-Oi;ni/.(.'(l ;is u hiwytT ol' iiliility ;iii(l ;is 
 a m;m of int(.\urity and lioiair. lie lias lillcil 
 the positions to \vhieh he has heeii called witli 
 great eredit, and in the disehai-ge of e\'ei-y (hity 
 has heen faithfid. e(aistaentii)us, and true. In 
 the Legislature, in town and city oHiees, and 
 in the ]iraetiei' of his iirot'essioii he has wdn 
 general eontidenei' and ri'siicrl. 
 
 Mr. Hayes was married in lS(i7 tn Ahhic 
 I)wiglit Stetson, daughtei' nf Oeacnn .hmathan 
 and ITarriet (.lames) Stt^lson, of .Medturd. She 
 died in ISlil) and in iSTli he was mai'i'ied tn 
 ]\Iary Hall Harlnw. daughter nt Thdmas S. 
 Harlow and Luev .1. (Hall) I l.arlow, also of 
 Medfird. 
 
 Tlto^IAS HASTIXtJS i;iSSf:LL, I'.os- 
 ti;in. is a lint'al descrndant of -lohn Kus- 
 sidl, who settled in ('aiuhridge. Mass., in 1 (>•'!(), 
 and A\dni ser\'ed fur a time as (derk nf the 
 eourts. He is the son of Hrm. (diaries Unssell 
 and Persis Hastings, and on his naither's side 
 is descended froiu Samuel 1 1 a stings, \\dio located 
 at ^\'aterto^\■n, ^[ass., in 1(140. His pateinal 
 grandmother was a descenilant of .lohn Wdiit- 
 nian, ^\dl0 si'ttled on the "south shore" of 
 Massachusettsdn 174(1, and who was the an- 
 cestor of Hr. Maivus ^\ddtmall. the lather and 
 liero of Oregon. His maternal giva t-gi'and- 
 father, ( 'apt. Samuel Hastings,, settled in I'rince- 
 ton. Mass.. in 17"i;». and was a ca]itain in the 
 Kevcdutirniarv war. Iiidiling a eomuussion 
 signed hv (low .hdni Hanco(d< ; he maiiie(l ,i 
 Kigelow, a relati\-e of Erastus I!. l!ig(do\\. the 
 inventor of the cotton loom. Hon. (diaries 
 IJussell was a distinguished citi/.eij of Prince- 
 ton, heing a I'epresentati ve. State senator, and 
 councilman for aliout se\-eiiteen years and 
 ser\"ing also as postmaster, town (derk, justice 
 of the peace, etc.: hy oeeu|iation he was a 
 merchant. 
 
 Thorjias H. Russell was hoi'u in I'l'incclou, 
 Mass., Octohel- 1-!. lS2(l, and i'ecei\'ed his [iri- 
 mary educatir)n in the puhlic s(diools ol his 
 nati\"e town. He also attendeil the Princeton 
 and W'estmin.ster Acadtanies, was fitted foi' 
 
 colh.'ge unihu' [iri\'ate lulcu'sat ( 'amiii'idge, and 
 \\-as graduated fi-oni llai'\'ard in l.s4o, holding 
 luemhership in i he I'hi Peta Kap|)a,the Alpha 
 Delta I'hi, the I. (). IP, and the Hasty I'udding 
 • 'luh. After gi'aduatiiig he enlere(l the Har- 
 \'ard Law Sidiool, and ;iftei'a coui'sc thei'c he 
 cntei'cil as a stiakait in the oHice of his (ddei' 
 hrothei', ( diaries Theodoi'c Pussidi, sr., in Pos- 
 ton. He was ;idmitted to the Sidlolk harin 
 •Inly, 1S4-'), and on Sep((auhi'r I ofthesann' 
 
 THOMAS H. KUSSELl . 
 
 year formed a t-opartiiership with his hrother 
 which continued under the firm nameof ('. 'V. 
 tV: T, H. Pussell until tlie death of the senior 
 niendxa- in -lanuai'v. IS!)(i. .Since then the 
 style has ])k;cn Pussell iV: Pusscdl. ddiis is one 
 of the oldest and strongest lawlii'iusin Poston. 
 S. ( '. Pigelow was a |iaifneriii it U\y two \-ears 
 and Hales W. Suter was a memliei' for ahout 
 li\'e years, (diaries ddieodore Puss(dl, jr., he- 
 carne a partner in 1.S7.') and his hrother, the 
 late Wdlliam Iv Pussid 1, afterward go\'eiiioi' of 
 Massachusetts (sket(dies of these as widl as a 
 memoir of (diai'les 'V. Pusscdl, sr., .appear in 
 this work), in ISSO. Ai'thui- II. Pussell, son 
 of 'IdKiUias IP, was admilted to the linn in 
 •lanuary. PS.S4, and it now consists of ddioinas 
 IP, (diaries d\, jr., and Aitliur 11. Pussell. 
 
THE JUDICIARY AND THE BAR OE NEW ENGEAND. 
 
 Ml'. Kus^i'll is OIK' of tlie Ifiiiliiin nn'iiilicrs 
 oftlic ISostdii liar. IIo 1i:ih IVdiii tlic lii'st ru- 
 joyc'd a lar^c nciici'al ciN'il jiracticr, ami as a 
 lawviT and aih'Ocatc has u<;liic\'('(l distiiu'tioii 
 1)\' tlu' I'xci'cisc of ureat natural aliility coin- 
 biiied with iiidoiiiitalilr industi'v and a hroad 
 and ac-ciiratc knowkMl^c of the law. Ik' was 
 a menilx'i' of the lower housr of tlie Massachu- 
 setts [.(■,■;■ i slat uiv in is.").-;, 1 sr,4, ls.")7 and l.S-")9, 
 scrN'inic as chaii'iiian of the coiiiiiiittcc on bills 
 in the third i-cadinu and as a uit'iiilK'r of the 
 jii'ohate. judieiai'V, and otiiei' connnittees. lie 
 ^\■as also eliairniaii of the House speeial eoni- 
 liiittee on Ilarxai'd ('ollei;c. of tin.' ori.ii'inal 
 comnnttee haxdnj^ eharue of the real estate 
 hetternieid law. of the eijiunnttee on tlie laws 
 relating tousui'\', and of the special eonniiittee 
 that in\'est iuated tlie State lii|nor a,uen(/ies. 
 He took a pi'ominent part in leL;islation dui'int; 
 liis four terms and was iidlueiitial in seeui'ine' 
 tlie })assa,<4e of many important measur(.'s. lie 
 was foi' a time a iiieml.iei- of the Hoai'd of A'is- 
 itors and foi'alxait thii'ty-ti\'e yeai's has heen 
 one of the trustees of the Aiido\-er TheoIoL;- 
 ieal Sennnary and Philips Academy, and for 
 .several years was a luemher of tlie ISoard 
 of Trustees of the American fund of Jafiia 
 College of ('eylon. He has heen (derk and 
 treasui'er of the ('(.'iili-al < 'ongreeational So- 
 ciety of Boston duiinL;- the last liftv yeai's ami 
 one of the e.\eiaiti\'e ofheers of that (diui'idi 
 foi-aliout foi'ty ycai's, and was a memlierof the 
 })uildinu- i/omnnttee during the ere(/tion <if the 
 liandsoiiie i-ililice on the co)'nei' of Xewdmi-y 
 and Hei'klcN' sti'cets. He was also foi' many 
 veai's superintendent ot its Sunila\' sidiool. 
 IIi~ iiitei'Cst in this church ha- heen untlau- 
 e-niL:. and foi' liioi'i' than halt a cenlurx" he has 
 fjeen one of ils leading mi'mhers and chief sup- 
 r)0rters. He has heen a ti'usti.'c of thi' prop- 
 erty at '1'), '11 and 'I'J State stl'(M'1. Boston, for 
 ovei'thii'ty years, and is now chairman of the 
 hoai'd, succeeding Hon. -Ifisiah <,)nincy in that 
 position. 1diis huilding is among Boston's 
 leading st laictnics, and it^eivelion and elegant 
 ei|uipment foi' ollice pui'poscs aiv lai'gely due 
 to Ml'. I;uss(drs enei'i^v and toretlKMieht. Ple 
 
 is a memhei'of the Bosfonian Society, of the 
 Boston Young .Men's Chi-istian Association, 
 and of other social and semi-religious hodies, 
 and as a citizen is puhlic spirited, (■nterpi'ising 
 and patriotic, lihei-ally encouraging e\'ery g()od 
 im[iro\'ement and supporting all conniiendahle 
 
 entei'|irises. 
 
 .Ml-. lJuss(dl was man'ied (jetoher (i, 1S47, 
 to .Mai'ia Louisa Wiswall, daughtci' of Artemas 
 Wiswall. of Boston, and a descendant fj-orn 
 "ikiliiig I'^ldci'" Thomas Wiswall, wdio )■(■- 
 mo\'ed in 1 (io4 tti)in I )orcli(.'ster to "New 
 Town." now Newton, .Mass. She died March 
 ],S, ISilL'. They had live <-liildreii: (.'hai'les 
 Frederick, who died li'a\'ing tlii'ce sons, the 
 oldest of whom, Thomas Hastings Itussell, 2d, 
 is now (1s!),S) a student in the ]>oston Law 
 School: Annie Louise, wife oj' .\rtljiir (.L Stan- 
 wood, assistant treasurer of the (',, B. tV: '^. 
 Railroad : Mary Louise, wite of Ivlwanl W'alley, 
 son of Hon. Samuel II. A\'all('y, of Boston; 
 .Mice Wiswall, wif ■ of Ri'N-. IIenr\- I'. Beck, of 
 Milford, .\. IL, and Arthur Hastings. 
 
 .Vrtliur Hastings Bussidl, Boston, was horn 
 ill ISoston, .Mass.. Hecemlier 1, Is.ll), and was 
 gi'aduati'il from Amherst ('ollegein l.ssL He 
 read law at the I'xiston LniN'orsity Law S(diool 
 and in the Boston oHicc of his iat her, and was 
 aihiiitted to the Suffolk ha r in .lanuary, ]SS4. 
 Since then he has heen successi\'ely a member 
 of the w(dl known law linns of ( '. T. i.V: T. LL 
 Bussell and Kii-,-ell(V: i;uss(dl. He has gained 
 a high standing among the \aainger memhei's 
 of the Boston bar, and is a law\'ei' and advo- 
 cate of recoLini/.i'il ability. He w;is marrieil in 
 Boston to Miss I'annii' Iv Hunt, k^biiiary 17, 
 Lss."). ami resides in Winchester. 
 
 TOHX 
 
 OHX TYLLI; IL\SS.\M, Boston, ebk-st 
 if .lohn and Abbv (Hilton) Ilassam, 
 is a lineal desceiidani of William Hassam, or 
 Ilorshani, who came Irom I'jigland to Maii- 
 idiester. Mass.. about l(iS4. .and died thei'e 
 about 1 7-!o. This ancestor was mai'i'i(.'<l in 
 .Maitibdiead, Hecembei' 4, l(is4, to Sarah, dauiih- 
 
BIO GRA PHIC. [L.—MA SSA CH I ^SE TTS. 
 
 93 
 
 tc'v of Saiiiucl A II I'll, (if -Mniicln'stcr. .loiintliaii 
 Hiissaiii, sixth son df William ami Sarali, was 
 liorii Auuust 17. 1 7n-_>, in .Manclicstcr, wIkti' 
 lie niarrii'il, August 10, M'll, Mary rxaiiicll, 
 anil where he ilii'il I'^rhruarv '1\ . IT-")!. Will- 
 iam Ilassaiii, yimnnest son of .lunalhan, was 
 l:)(irn ^Vuuust 11. 17")-J, in .^hlllelles((M■. ami ilicil 
 thiTi' Aiiril !'. is;',;',. 'rhiTc tun, he niarricil. 
 ?\[av l"i. 1 7SII. l''li/,alirtli, ilau^hdT nf A inhrnsr 
 Allen. Ji>nathan 1 Ia>.-aiii, srcumi smi nf Will- 
 iam ami Eli/.ahrth (.Mini) Ilassam, was Imrn 
 in )ilaneliester nil Mav -i;',, 1 7^4. ami ilieil thei'e 
 
 JOHN ■!'. HAbS.\M, 
 
 .lannarv 14, is.',!). lie marrii'il, lirst, (.)rti)hi'r 
 2'!, ISO.s. Sall\' ( 'lirr\-ia\ of .Mam-hcstrr. wlm 
 (lieil Aiinnsf 1!», isjs, ,ani| who was a ilaiiL;hfrr 
 of .lohli ( 'hei'N'ia', ami a i|i-si;iaiilant in tlir lillh 
 geniTation frmii l'>zi'kii.'l ( 'hrever, master ul ihr 
 Bustuii Latin Scliunl. whri wa- horn in hnniluii. 
 Januarv '!'>. I'il4. came to liiistuii in .liiiir, 
 l(i;;7. ami ilii'il thi'iT Aii,L;iist lil, 170S. In 
 1S4!-* .Mr. ilassam marriril, scrunil, .Mary, 
 willow iif 4'liiimas Smit h. .lohii Ilassam, I'MrsI 
 son of .hinathan aial Sally (< 'lnTN'cr) Ilassam, 
 was horn in .Manchestri', Mass., Sr|i|rmhrr 4, 
 iSOl-t, ami iliril in linstoll nil ^Viin'iist :l. 1 ss.",. 
 Jle was marrii'il in Manchester. Ma\- lo, ls;;(i, 
 
 to A hhy. ilauuhlrr i)f .\iiiiis Ilillnn ami a i|r- 
 scrnilant in the I'iuhlh i^iaiia'at inn ol' William 
 Ililtnii. wliiirame from Ijnmlon In I'lymuiit h, 
 Mass., in the shi|i I'^irliinr in Xi)\-eiij|ici', 1(121. 
 Jnlin 4'yl('i' JIassam was hnrii in iJuston, 
 .Mass., Sr|.lemhi'r ■_'(), 1S41. Ili'fitteil foi' rnl- 
 Ir^e at tJir Hiisliin La I i n Sriiool anil was <^'rail- 
 iiafi'il from I la r\'a nl in ls<i;',. ( )ii I )ec(aiihi.a' .S, 
 1 si;;',, he (Milia'ril I hr army ashi'st lirutenaiit 
 i.f thr Si'vciily-lifth Lnilnl States Culurc, I ln- 
 lanti'v ami nanaiiiril in llir siaA'ii.'i' until .\ii- 
 Uiist 1, lS(14, lakiiii; part in tlii' Keil Kierr 
 r-\|irilitiiin. Ilr sllliliril law 111 till' iifliri' (if 
 Hon. Aiiihrose A. Kaiiney, (hen senior |iartner 
 in tlir firm of Kanni'S' A' Morse, and was ad- 
 mitted 1o tlir Sullolk har I )cc(Jiiihc|- 1 ;l, 1S(17. 
 Since (hiai lie has heen (aieau'ed in the acli\c 
 and snccessriil | ir.act ice of his profession in Los- 
 ton, (le\'otiiie himself I iriiici|iall V of late \-cars 
 to eoiu'eyaneiiiL;'. lie has achii.'Ncil an (aiiineiit 
 |iositionaf the hai'. and iswi(l(d\' recognized as 
 a man of ahility, of iiimsua I eiiod jud.n'ment and 
 intec'rity, and of indomitahle imlusti-y. lie 
 has performed an iiii|ior(ant and N'aluahle work 
 on the records and docuim.aits of Suti'olk couiit\', 
 and their improN'ed condition is lai;eeh' due to 
 his eHbrts. As one of the commissioners aji- 
 ] mill ted hy ( he Superior ( 'on rl of .Massa(.diuse(ts, 
 on .\pril '). Iss4. under whose authority the 
 indices ill the .'-^ 111 folk resist rv of di.'cils are made, 
 he hron,L;lit ahoiil I he re-imlexinc' of the entire 
 mass of records t here on the p|-eseiit plan : and 
 the printing- of the early \'iiliimes of the SuH'olk 
 deeds is due soIcK- (o him. He also succeeded 
 in res(aune' from thi'caliaied destruction a laree 
 I lart of the oriu iiial courl-liles of Suffolk county, 
 ami in ohlaiuiue the appropriation necessar\' 
 for their pre^er\at ion ami proper arranneimad, 
 and throueli |ii^ exerlioiis the records. Ides, 
 [lapers and doiaimeids in the State depurtmeiil 
 ha\'e heen syslem.at ical ly ari'aiii;eil and made 
 accessihie for relerciice. Indeed, ill e\'er\' pos- 
 sihle way thaf a deep ant iipiarian inlerest, 
 i;oulil snceest, he has lahored successfully for 
 the safety and preservation of not only the 
 records of ISoston. hul .also those of the ( 'om- 
 iiion wealth. 
 
94 
 
 THR JCDICIARY ASD THE liAR Of XEW ENGLAND. 
 
 Mr. ri.'issaiii was ono of the earliest a<h'i>eates 
 (if laml traiister retnnii in the iiewsiiapcr and 
 ])eriiMlical press ami hctVd'c leuislative eoniMiit- 
 tees, ami he was the Ui'st inciiilier of the Sntt'olk 
 hartoeall pnhlie attention to the Australian 
 or Torrens system of re^istratimi of title. For 
 se\'eral yoars he has hecn ehairman of the ex- 
 ecutive committee of the Laml Transfer Reform 
 League of ISoston. His interest in historical 
 and genealogical matters dates from his college 
 days. lie has heen a meirdier of the New 
 England Historic (Genealogical Society since 
 Fejjruary, ls(i7: of the ALissachusetts Histor- 
 ical Society since issl; of the American His- 
 torical Association since LSS4: and a corre- 
 sponding member of the ^\'eymoutll Historical 
 Society tVir many yeai's. He was one of the 
 original members of the iSoston Antii|Uarian 
 Clul), organized in Ls7!l, substMjuently, in ISsl, 
 merged in the ISostonian Society, and a cor- 
 })Oi'ate mendier of the latter society and for 
 nine vears a member of its hoard of directors. 
 
 In the Historic ( ienealogical Society, of 
 \\'hich be was long a director and l.iecame a 
 councillor wdien the council was substituted 
 for the board f>f dire<;tors by a cdiangc in the 
 by-laws in 1<SS9. lie fii'st set on foot the ex- 
 hausti\'e researches in iMigland, undertaken liy 
 the society through Ilenr>- F. Waters, and was 
 for eight years chairman of the committee un- 
 der \\diosc direction the \\'ork has heen cai'ried 
 on. For six years he was chairman of the so- 
 ciety's libi'ai'y committee. He has been a fre- 
 (|uent conti'iliutor to the society's (juai'terl}' 
 puf)lication, the New fhigiand Historical ami 
 (ienealogical Register, and among liisanti<|Ua- 
 rian and genealogical [lapers which have lieen 
 printed in jiampblet foi'in ai'c: "ddie llassam 
 Family" (LSTO and Additional Notes, ls,s9j; 
 "Some of the Descendants of William Hilton" 
 (1S77): " l']/,ekiel ( 'heever, and some of his ] )e- 
 scendants" (|S79, Part SccoihI 1ss4 and Addi- 
 tional Notes ls,s7): ■■ I'xiston 'La\"ei'ns with 
 Some Suggestions on the Rrojier Mode for In- 
 dexing the I'uldic Records'" (Iss(i): -'Notes 
 and (Queries ( 'onc'ci-ning the llassanj and Hil- 
 ton Fannlies" (IssOj: --Eaily Suffolk Deeds" 
 
 (l.s.'Sl): ■•The Doyer Settlement and the Hil- 
 tons" (I.SSl!): ■■ liai'tholoinew and Richard 
 ('ln'cx'ei', and Some of their 1 )escendants" 
 (iSSi'): "The Facilities for (ienealogical Re- 
 search in the Registries of I'l-ol.iate in Boston, 
 and London" (lss4): " Land'J'i-ansfer Reform " 
 (1S91): second edition, with adilitional pajiei's 
 (1.S91): "Land Transfer Reform : A Practical 
 I'oint of \'iew" (LSI).'!); " The ( onhscaled F.s- 
 fates of 15oston Loyalists" (ls9o); "Funster 
 I'apei's" {FS9o): "Hilton Lettei's" (1^90); 
 "TheHassam Fanuly" (lS9(i): ■■ The (.'heever 
 Faiiuly" (ls9(i): ■■ ]']nsign William Hilton of 
 ^'ork, ^F\" (l.s9(i): and "Early Recorders and 
 Registers of Deeds for the (.'ouidy of Sutt'olk, 
 ^Mas.sachusetts l(i;J9-l 7:io " (1S9S). These vari- 
 ous productions stamp him as a man of un- 
 usual literary talent and also of ti'Ue his- 
 torical and genealogical instinct and ability. 
 In brief he is an able lawyei', a natural histoi'i- 
 an and genealogist, and a ]iublic spirited, 
 patriotic and [irogressive citizen. He is also a 
 member of the Hunker Hill Moiuunent Asso- 
 ciation, the Rai' Association of the city (»f ISos- 
 ton, and of the N'ii'ginia Historical Society. 
 
 .Mr. Hassam was married February 14. 1S7,S, 
 to Miss Nelly Alden RaclK'lder. daughti-r of 
 Dr. .lohn HeniT Hacbeldei'. of Salem, Mass.; 
 fhe\' ha\-e one daughter, Ldeanor. 
 
 FRAN(.'IS WILLIAM IILRD. A. .M.. IJo.s- 
 ton, is tb(.' son of William and Mary 
 (Pai'ks) Ilurd, a grandson of .Joseph LIurd, ami 
 a great-grandson of ISenjannn Ilurd, all ]>irimi- 
 nent residents of ( 'liarlestown. Mass. .loseph 
 Ilurd was foi' many years a leading Roston 
 merchant, and afti'i' retiring from business re- 
 mo\-ed to I'ortsmoutb, N. II., \\'bere he <lied. 
 Ml'. Ilurd's mother was the daughter of ^\'ar- 
 hani I'arks. who marrieil Rebecca, ilaughter of 
 Nathanii'l ( ioiF.ani. a UR-ndier of the first Massa- 
 chusetts ( 'onstitutional ( 'on\-entioii of 17^7, 
 pi'csideid" of tln' ('oidinental ('oiigress, and a 
 residtait of ('liarlestown, ^\■ho was descended 
 from .lohn Howdand. one of the iirnnortal May- 
 liower band. 
 
DIOGRAFIIICAL —MASS. I CHUSETTS. 
 
 05 
 
 Mr. Ilunl w;is liorii in ( 'liai'h'stown, Mass., .Indue Ilni'il lias Liaincil an cnN-iaMc iT'pnta- 
 
 in tlu' sliailow ot llir ISnuker Hill ninnnuu'nt, tion at tlir liai', ami liir nian\- \'cai's has lieen 
 on tlie .Ith of April. ls:;i. He attcmhMl sue- one ofitsaldcsl and foirniost iiicinhcrs. Asa 
 CTssivcly tilt' pri\-iUe selidol of tlir late I laiai^on ydiiiii; man, with \'cr\' hi'iiT ('X|)i'|-i(aicc in the 
 (ii'ay()tis lUakc in his iiati\-c town, the Win- law, he siicci'sslnl I y ti'icd an iiii|>ortant case 
 thriiji IliLih S<'li<Hd one year, the (liainu-cy hdni'c the Snprianr .liidi(aal ('(mii'I wdiirh in- 
 Ihall Srhdiil in i!i)sti>n for lour vcars, and l)ini- \'<il\('d tlu' i|U('stii)ii (if tlir ninst itiif iona I it v nf 
 can liradtord's |iri\-at(' schnol, and in lS4S(ai- the law aut linri/a iil; coiirts sitting' without 
 ti'red Ihir\'ard ('olleuc, from wliii-h he was jiii'ics t(.> siaitcnco |irisoiiia's to State jii'ison. 
 .uraduatcd in ls.")-_l, Wdiilc tlicre he was a This case, (aititlcij .loncs \'s, Kohhins, is r(.'- 
 mrmlx'r of the Institute of ITTH, the I'si U, ported in S ( iray, .'li^D. Wdiile in t^Tiieral prae- 
 and other literarx" eluh-. After leaving' eolle^(' tiee he aeliie\-ed eonsiderahle distiiu/tion as an 
 he sptait a year in the law othee of Mann, Uod- 
 nian tV: I'ierson of New ^'ork eity. another \'ear 
 at the Ihirx^ard haw Siliool, and still another 
 year in lioston in the otHee of Ilutehins (.\: 
 ^\'helder, and wa- admitleil to the ,'sullnlk har 
 in Xo\iaiilier, Is.")."). 
 
 He at once heuan ai-ti\'e practice of his pro- 
 fession in r>o~ton, and upon the estahlishment 
 of the Mnniiapal ( 'ourt in 1S(;(; was a|ipointed 
 one c)f its three piiliies. wdiieli jmsition he Idled 
 with i:reat ahility and satisf letion until .lanu- 
 ary, 1S71, wlaai he resigned. He was then 
 made assistant Cnited States attorne\- lor the 
 dist rict of Ma-^sachust'tts under I )a \'id H. Mason, 
 and continued to disehai'^e the duties of that 
 oHice with (.-redit and lionor until Septiaiihei', 
 1^7-'!, acting' as I'liitt/d States att(jiiiey foi-ahout 
 three months aftei- Mi'. .NFason's death, wdiieli 
 oc(airred in ■June of that yi'ai-. I)uring the 
 tliree yeai's of his ser\'ice in this capacity Mr, 
 
 Ilurd liail eharue of many important cases, in- ad\'ocate of ahility and indirstry, his powei'he- 
 eludinLi the Lamar case, 1 1 a.' ease against Sam- foi-e a couit and jury heing especialK' note- 
 u(d A, \\'a\', and the casi' aiiainst the lirm of worthy. He w<")n I'econ'ii it ion tor his hroad 
 William V. A\'eld A' ('o., m wdiii-h the sum of and coiiiprelieir-^i\'e knowledge of the law as 
 
 IKAN'li \V. HURL), 
 
 |40(I,(M)() was recovered. 
 
 well as tor his personal characteristics and line 
 
 ( )n resieninn' tlie othee he toianed a copait- le^al attainments. ()iillie hench he ilisplaved 
 
 nership with liis associate, Ivlwa I'd 1', Xettleton. Iii.^h jiidiiua I i pia I ilicat ion-, excel hail iudi;iii(ait, 
 
 and under the firm name of Hurd A' Xctthdon unfailing courtesy and dignity, ,and stiaci ini- 
 
 carried on a large and successful la w husiness f(.)r partiality. Sitting as m;isl(a' in clianc(a'\- he 
 
 ahout six yeai's, wlaai Mi'. Xettleton withdi'cw has gained distinct ion fir learning and for his 
 
 ti") hecome city solicitor and afterward corpora- ready grasp of the lacts in the case. In I syii 
 
 tion counsel. Since tlaai Judge Jlurd has 
 ])racticed alone, de\'oting his time almost ex- 
 
 he w:is ap[>oiiited a ciaiimissioner, under re- 
 soIn'c of the Legislature, to re\'ise th<' judicial 
 
 elu.sively to the hearing of cases as master in S3'st(aii of the ( 'ommonwealth. his colleagues 
 
 chaneerv. 
 
 heinij- the late Augustus Lord Soule, of th 
 
9C, 
 
 THE JUDICIARY AND THE BAR OF NEW ENG I AND. 
 
 Su|ii'ciiic Judicial ('ourt. nnd IIini. ('Iiai'lrs W. (.-il, as State seiiatui', ami as uliairniaii ni' tlio 
 riillurd, of Xi'W licdlni'd. Tins coiimiissiDii did ( uurt of ( '"iiniiissidiis. ( )ii liis inotlicr's 
 iiiadc its repoi't at tlic iirxt Sfssioii of the ( !eu- side Mr. Weston is dcsccuded from Joliii Ivldy, 
 cral ('ourt, and altliougli its reconiuiendations one of the early settlers of Middlelioi'o. She 
 were not adojiteil at that time, they ha\'e sinee was a dauj^hter of Joshua Ivldy, a prominent 
 heen ineo)'])orate(l in the statutes, ]iaiJieula)J>' man in the l*l)-moulh ('olony and a hrotlier of 
 those eai'ryiiiL;- di\-oi-ce eases and iimrdei' trials Zatdiai'iah Ivldy. one of the k'ailiiii^' lawyers of 
 to tlie Sujierior ( oui't. that section, llei' i^randfather, Joshua Ivldy, 
 
 Jud^'e Ilurd was a])])ointed .^hll■cll 1). 1 S!»S, sr., was ;i captain in tlii' l\e\'olutionar\' army 
 hy (JoN'eriHtr W'idcott, a comnnssioner to i'e\'ise and was present at iiui'^'oyne's surremlei' and 
 tin' I'ul.ilie Statutes of ]\hissachusetts in place of in man\' of the hattles of the UeN'olutionary 
 Judge Edmund II. Ikaniett. deceased. Ilewasa \^•ar. 
 mem her of the ( 'ommon ( 'ouneil of ( 'ha rl est own 
 foi- three years, hij'ore that city hecauiea part of 
 I'xiston, and is now a memher of the I 'nion and 
 Somerset ('luhs. lie rt'cei\'ed the den'i'ee of 
 A. M. from IlaiA'ard rin\'ersity in l.S(iO. lie 
 was an orgainzer and one of the lirst iiH'iiihei'S 
 of the American Har Association, from which 
 he resigned wlaai he hegan to ti'a\'el ahroad. 
 After making two oi' three tri[is to fairope he 
 made in 1.S91-;)j! a tiip ai-ound the woiid and 
 rt'turned with I'ciiewed N-igorand an ine.xhaust- 
 ihle .store of genei'al infoi-iuation. lie is a 
 memher of the hai' of tlu' Tnited Slates ( 'iri.aiit 
 and Su[)reriie ('oui'tsand a foumlatioii uiiMuher 
 (lS7())ofthe ISoston ISar Association. lie has 
 ne\-er iiiariii'il. 
 
 THe>t.\S WKS'IOX. 
 
 THOMAS WKSTON, A.M., Boston, son of 
 Thomas and Thalia (Eddy) Weston, was J'homas Weston was educated in the district 
 horn in Middlehoro, Mass., .luiie 14. Is;;."). He schools and at Pierce Academy in his native 
 is descended in the se\-entli genei'.ation from town. He recei\-ed a good classical ti'aining 
 .Edmund Weston, «Jio came h-om fhiglaud in and was htted foi' college, hut on account of ill 
 the ship Elizaheth and Ann in I (;;',4 ,aiid .^et- health was ohliged to ahandon tlve (dieiashed 
 tied in J)uxhury. The line from Ivlmund (1) hope of a collegiate cour.se. In lS(i4 Amherst 
 is (j!) Ivlmund. of riympton. Ma.ss., and (.",) College, in recognition of his learning. eon- 
 Edmund, (4) Ivlmund, (o) Thomas, and {(;) feiavd upon him the honorary degive of A. M. 
 Thouias. all of .Middlehoro. JJic last two He spent some time in te;i(dnng. was foi' two 
 Thomas \\'estons, fiihei' and gi'.a iidlather of years principal of the I'lvmpton Academv of 
 the suhject of this ai1i(de, were extensively en- I'lvmpton, Mass. He stuilied law in Middle- 
 gaged in iron manufacturing and meivantile l.oro with .ludge William II. Wood ;ind eon- 
 
 hnsiness in Middlelxn'o, and hotli occaipied timuMl it at the Il.ar\-ai-d LawScl 1, wdiei'c 
 
 prominent [)osi(ions in that town, the foimer he rcauained two veai's. I le was .admitted to 
 
 sciA'ing as a memhi'r of the CoN'ei'noi-'s ( 'oun- the Suffolk har in August. 1S.3U, and at once 
 
BIOGRA PHIL A L.— MASS A CM USE TTS. 
 
 97 
 
 0}iene(l an olHce in I'all UiNcr, Mass., \\liei-elie 
 soon soouii'd an cxtiMisivc practice, lieini; coun- 
 sel for till' ( )1(1 ('olony Railroad CoinpanN' from 
 ISOU to ISlif). In isi;.") lie rcniuvcd liis ofHcc 
 to Boston and his resilience to Ncwtnii, Mass., 
 wliere lie has lived e\'er since. 
 
 i\[r. W'estiin has heen eni;ai;(Ml from the hrst 
 in the neneral civil [)raetice of his profession. 
 At various times he has re])resented towns, 
 corporations and trust estates in important 
 legal capacities, and altogether he has steadil)^ 
 huilt u[i a large ami luerali\-e Imsiness. His 
 devotion to the law and his clients has heen 
 untiring, ddiough oifen ui'gcd hy h'iends to 
 accept political or puhlic honors he has sti.'ad- 
 fastly de(dineil. with one exception, wdien he 
 rejiresented Newton two terms (iss;', and 1.SS4) 
 in tlie lower house of the Massachusetis Legis- 
 lature. As a memher of that hody he intro- 
 duced se\"eral imjiortant measures that l)ccame 
 laws, took a prominent part in deljate and in 
 committee work, and was reeognizeil as an aide 
 and influential leader. He has heen a Kepuh- 
 liean since the formation of the paity in iS.ld. 
 
 In additicMi to his lahors at the har Ml'. 
 Weston has made a specialty of histoi'ical ami 
 genealogical studies and of mattei's I'elating to 
 the histoi'N' of the ( '(iUgregational church and 
 polity. He is the author of a small s'olume 
 entitled -'A Sketch of I'l'ter Olivei', the Last 
 ( 'liief .lustii-e of the Superioi- ( 'ourt of .Indica- 
 ture in the l'ro\'ince of .\hissa(diusetts Lay," 
 "-V (Jenealogy of the 1 )esciaidants of Ivlmund 
 ^\'eston," his aucestoi', and of numei'ous short 
 articles in various [lapei's and magazines. He 
 has also deli vered sevei'al historical addi'csses, 
 and is a memher of the New lOngland Historic 
 ( Jenealogical Society, a ti'ustee of the I'ilgi'im 
 Society, a niendier of the i'diot ( 'ongregatic)nal 
 church of Newton sinc<' iX'io, and a memher 
 and foiariei' pi'esident ot the ( 'ringregational 
 <_'luh of ISoston. Mr. Weston is a lo\(a' of 
 hooks and the ownei- of a good lihi'ary, and 
 finds relief from his pi'ofessional woi'k in anti- 
 (juarian study. He is an ahle lawyei-. well 
 grounded in the principles of practice .anil ju- 
 risprudence, a thorough scholai'. a man of hi-<.iad 
 
 and com[ireli(aisi\'c knowdedge, and a tahaiteil 
 speakei- and con\'ei'sationalist. J)evoting him- 
 s(df strictly to the law, and deidining to enter 
 ]iuhlic life e\'en at the solicitation of intimate 
 ti'ienils, he has a(diie\-e(l emineid success at the 
 hai' and is i-ecogiii/,ed as one of Boston's ahlest 
 counseloi'S and advocates. 
 
 .\h'. Weston was married ()ct(ihci- lo, ] ,S(;,S, 
 to i'jK'auoi' S., daughter of ()tis and Ahhy 
 ('hilds, of Springfield, Mass.; they ha,\'e two 
 chililren living: Thomas ami ( liace. 
 
 JOHN <'()L1'>Y COOMLS, lioston, is the 
 \-ouugest son of .fosiah ('olhy ('oomhs and 
 Ahigail (Laton) ( 'oomhs. and was horn in Low- 
 do in ham, Me., Mar(;h 9, 1S4'). < )n his mother's 
 
 JOHN C. COfiMllS. 
 
 side he is a direct dcsccndind. of f^rancis and 
 Sai'ali Eaton inid their son S.amuel, all of the 
 iiiniioi'tal hand of Ma\dlower passengers, her 
 father licing Solomon p]aton, of Lowdoin, i\[e. 
 His fifhei''s aucestoi's first settled in Newhury- 
 poi'l, Mass., whence his gi'eat-gi-andfather 
 mo\'ed to New Meadows, Me., and his gr.aud- 
 tatlier. lohn ( 'oomlis, moved to Lowdoin. < )iie, 
 it not hoth, ser\'e(l \\\ the Kex'olufiou. 
 
98 
 
 THE JUDICIARY A XI) THE BAR OE NEW EN GRAND. 
 
 The father, Josiah (A, was a successful ship- 
 builder, as was also the grandfather Eaton, 
 and both were men of local prominence. On 
 his grandfather Eaton's place, ])uildings erected 
 in 1776 are still standing, as ai-e also one of 
 the little early churches and early woolen mills 
 of that State. 
 
 Mr. Coombs was educated in the c(jmmon 
 schools and undei- private tutors, and was grad- 
 uated from Bow<loin College in 1869, ranking 
 second in his class for scholarship. He entered 
 the Harvard Law School in 187n, receiving 
 therefrom the degree of LL.B. in 1.S71, and 
 continued his legal studies in Boston in the 
 ottice of -Jewell, Caston & Field, one of the 
 .strongest and Ijest known law hrnisof the day. 
 Harvey -Jewell, the senior memljcr, was an au- 
 thority on maritime law, and was foi- four years 
 speaker of the Massachusetts House and for 
 two years judge of the Court of Commissioners 
 of Alabama Claims at Washington. William 
 Oaston became mayor of Boston and governor 
 of Massachu.setts, and Walbi'idge A. Field, the 
 junior partner, was assistant attorney-general 
 of tlie United States, representative in Con- 
 gress, and is now chief justice of the Supreme 
 -Judicial Court of the Commonwealth. Under 
 tlie direction of such eminent lawyers as these, 
 ]\Ir. C'oomljs had opportunity to acquire a thor- 
 ougli knowledge of the law, and immediately 
 after Ijcing admitteil to the Suffolk J)ar, -June 
 8, 1872, entered upon the active practice of his 
 profession ni ISoston. His professional lousiness 
 has Ijeen limited almost wholly to commercial 
 and corporation matters. 
 
 F^or many years Mr. Codiubs has advocated 
 the alxilition of all laws for the enforcement of 
 personal obligation, beyond the surrender of as- 
 sets, for del)t. He has retained his inherited 
 interest in helialf of the merchant marine, and 
 he appears tf) ha\'e lieen tlie first to advance 
 and 2iu])licly urge governmental insurance of 
 the merchant marine against depredations of a 
 public enemy; all in lieu of pri\-ateering and 
 prize laws. 
 
 The fii'st of the aboN'e causes is very largely 
 achie\'eil in the new l)ankruptcy bill, while the 
 
 latter is now befoi'e < 'ongress. In the advocacy 
 of these nieasui-es his \'oice and pen have 
 wielded much influence, especially with con- 
 gressional connnittees, before whom his argu- 
 ments have been made. He has also followed 
 the inclination of his ])e0}ile toward manufact- 
 uring, ami is president of the Riverside ^\'or- 
 sted Mills of Providence, W. I. 
 
 He is known for his supjioi't of strong goN'- 
 ernmental control o\-er, but not ownership or 
 0])eration of, railroads, and perhaps the ablest 
 arguments lie has made in the Federal Courts 
 and before congressional committees were 
 against the foreclosure or other sale of the gov- 
 ernment-aided Bacitic railroails, free from the 
 obligations anil duties imjiosed U}ion them in 
 Jjehalf of the public and in consideration of tlie 
 puljlic aid they received. He is an aJ)Ie law- 
 yer and in the courts of many States and of the 
 United States has ))een engaged in notable 
 causes. Mr. Coombs has resided in Boston since 
 his admission to the l.iar, and lias never mar- 
 ried, lie has steadfastly declined public ser- 
 vice, jireferring to devote all his energy to the 
 law, in which lie has been successful and de- 
 \'el(iped a marked individuality. 
 
 DANJEL CJ.ABK LIXSCoTT, ISoston, 
 is the son of .Iniiatbaii and Hannah 
 ((_'lark) Linscott, and was l)orii on the old 
 family homestead in the town of .leH'erson, 
 Jjincoln county. Me., ]\Iarch 17, Isi^is. His 
 ancestors r)n l)otli sides were early settlers of 
 the Bine Tree State, his great-grandfather, 
 Icbaliod Jjinscott, iiio\'iiig from York, Me., 
 aljout 17"-!(i. to Hamariscotta Mills, in what is 
 now tlie town of Ne\\-castle. ^Ir. Jjinscott's 
 grandfather, .losjiua Linscott, was Jiorii in 
 Newcastle, and his fitber, -lonathan Linscott, 
 in Jefferson. His mother, J-lannah, was the 
 daugbtei' of l']lislia Clark, jr., and a grand- 
 ilaughter of Elislia, ChnJ<, both of -Jefferson, 
 and her mother was Al)igail A\'est, of F^raiik- 
 liii. Me. 
 
 Haniel ( '. Liust'ott spent liis early years on 
 
BIO GRA PHICA I. . —iMA SSA CH I 'SE T TS. 
 
 !)9 
 
 his father's t'arin and atlciKUiii;' the (hstfict 
 
 schools of the iicii^lihurli L Mr I'crciN'cd his 
 
 }>reparatory eihieatioii at tlio hiiicoln and Yaf- 
 inouth Aeadeniies in liis iiati\-(' State and was 
 f^raduated from Bowdnin ('olle^c with honors 
 in lcS54. havin,^- as ehissniatt's ])]•. John Alil.)ott 
 Douglass of Amesl)ury, Mass.; l)i'. Saumel 
 Freeman of Kverett, Mass.; the late lit. Kev. 
 \\'illiam l*ael<ard 'ruel-;ei', 1 ). ])., aivjideaeon 
 of fvhode Island; ^\'illiam I)i-ew W'ashhui'n, 
 United States senator from .Minnesota; l''i'ank- 
 lin A. ^\'ilson of liangoi-. Me., pi-esidenl of the 
 Maine (.'entral Railroad ( 'om pa ny ; Ke\'. ( ieoj'ge 
 Washington Inirtlett and Major Charles I'eleg 
 Chandler, lioth of whom W(ac killeil in the 
 Civil war. and wdiose tahjets lia\-e a place in 
 Memorial Hall of IIar\'ard at ('ainhridge; the 
 
 IM.MEL C. LINSCOTT. 
 
 late Jarjies R. CJsgood, the w<dl known puli- 
 lisher : Henry Hyde Snnth, and Amhrose 
 Eastman, hoth of the Hoston har ; .lolin (.J. 
 Stetson, clerk of the ('ourt of Appeals, First 
 district; and William Law Symonds. This 
 class of tliirtv-five memhers produceil some of 
 the most distinguished men who claim liowdoin 
 as their alma mat(.M-. Wdnle in i'<illege Mi-. 
 Liriscott was elected a niemhi.a- of the Fsi 
 
 [ipsilon and of the I'hi iJeta l\appa, of which 
 latter society he was suhsepueidly pi'esi<lent. 
 Aftei' graduation he speid; foui- yeai-s in teacli- 
 iiig in the ]»nlilic schools of ( 'helsea, .Mass., and 
 in the mean time also took up pri\'at.ely tin; 
 study of la w, wdiicli hecontinue(l in l'>oston in 
 the office of William Iv P. Smyili. He was 
 admitted to the Sulfolk hai' Api'il .'I, 1 Si;0, and 
 since then has hcen successhilh' engageil in 
 the general [)raetice of his profession in IJoslon. 
 In LSTt) he was ailmitted to ihe hai' of the 
 United States Supreme ('(aii-f. 
 
 During the thirty-iune ycai's that he has 
 l.)eenat the har Mr. Linscott has acted ascinni- 
 sel in a larg(.' iiumliiM' of ci\'il and commercial 
 cases, many of wdncli ha\'e had moi'e than a. 
 local importance. in Is,s.")-S(; he was counsid 
 for tin.' plaintiff in the case of ('lapp it liallou 
 \'s. The ISoston and Alliany Raili'oad ('o., 
 winch iXMpiired three large \'(dumcs to I'cport 
 the testimiiny. and wddch resulted in the re- 
 coN'ery of Sl()4, <)()() from tlic corpoi'ation. He 
 W"as also connected with the c(dehrate(l will 
 case of Ogden vs. Greenleaf N-'! Mass., .'!4i( ; 
 with the ele\'ator case of Shattuck \'s. Rand, 
 142 Mass., s:! ; and with the case of Ijiuig \'s. 
 Richards, 170 Mass., I'id, whi(di was lud'ore 
 the cnirts foi' ahout nine yeai's. In the case 
 of TRjlden \-s. Metropolitan National Rank, 151 
 Mass., 111:!, he was pitted against the late (ien. 
 Benjamin V. Butler, wdio was counsel foi' IIol- 
 di.'U, who hi'OUght the suit as rcci'i\-ei' foi- the 
 Reading Sa\"ings liank. 'Idiis {'ase resulted in 
 a notahle \U(.-toi'y for Mr. Linscott ami his 
 client, the Metro[)olitan Xation.-d Bank of Bos- 
 ton. He has gained a high stamling at the 
 Suffolk har, and is recognize(l as one of i'xiston's 
 ahlest and foremost lawyers. As an ad\'ocate 
 he has a(dHe\'ed an eminent I'cpulatiou. His 
 long and honorahle cai'(.'ei' in the profession 
 has won for him the ix'S[)c<;t and conlidence of 
 the entire connnunity. 
 
 Mr. Linscott has never sought ]>uhlic office, 
 hut iiLstead has de\'oted his atteniion almost 
 exclusively to a large and successful law pi'ac- 
 tice. ITe was a memher of the (dadsea ( 'ity 
 Council in l.S()4. He has hecn a deacon of the 
 
100 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 First Bai)tist cliun/li of Boston since 18X5, is 
 a menibi-r ami fonuiT president of tlie Boston 
 ]):i]>tist Tnion, was pi'esident of the ])OW(l(iin 
 (_'()lleL;e Alumni Assoriation (if ISostim fui- three 
 years, ami has served as one of the overseers 
 (if Bowdiiin t 'dlle^e sinee lS9"). In [irivate as 
 in professional life he is uni\'ersall\' esteemed 
 and respected, and as a citizen is piihlic spirited 
 jiatriotic and pi-onressi ve. 
 
 .Iul>' -lit, IXor), Ml'. Linscott man-ied Annie, 
 dau.uditer of \\'illiaiii and lietsey Bari'dn. of 
 Tdpshani, Me., ami their children are i;os\v(dl, 
 who was graduated from Biiwdoin ('olle.m'in 
 lS,s;5 : Frank ]\nox, a graduate of iinwddin in 
 IcS.SS; Anna ^[ay, wdio was uraduated from 
 Wellesley ('olle.ue in ls9(); (irace. a .uraduate 
 of Wellesley in 1,S9,S; and |)ani(d (lark, .jr., 
 wild was ^raduate(l from Bd\\"(ldin ('olle^e in 
 1.S97 and is ndw (ISDS) a student in the I'xis- 
 ton rni\-ersity Law Schodl. class of 1!HI(». 
 Frank KudX Liiiscdtt, the secund sun. was 
 L!,'ra(luated LL.B. from the Law School of Ikis- 
 ton L'niversity and adnntted to the Suffolk har 
 in 1X91, and is now associateil \\-ith his fither 
 in active [iractice. 
 
 G(Jl)FREY MOUSE, I'xiston, is the son of 
 •lacdli and (diarldtt(.- (Mehlin.uer) Morse, 
 and was horn in the town of ^\'aehenheim, 
 Bavaria. (Jermanv, Mav 19. Is4li. His father 
 (lied in 1 s.",] , imd in L^o4 he came- with his 
 mother to ISdston, Mass., wdiere he has since 
 ri'sided. He was graduated from the liiinmier 
 Grannaar Schodl in ISOO, and from ihe Boston 
 En,u;lish Hi,t;;h S(li(iol in Isi;;'), and afteiward 
 spent one and a half years as (derk in the 
 clothinn- estahlishmeid of his (ddei' lu-other, 
 Ihin. Lcdpold Mdrse, furrnei-l}' memher of con- 
 gress. He was gi-aduated from the ISnston 
 Latin S(diool in 1 Sljii. and then entereil Har\-ard 
 I'ni vei'sitv, from whiidi he was L;i'aduated in 
 isyn. amonu his classinates heing (Ion-. Itoner 
 Wolcott, William F. Wdiaiton. first assistant 
 secretary of state umlei' '■lames (1. lilaine, and 
 Henry Farkmaii, State senator. Wdiile in 
 
 Har\'ard, Mr. ^Forse was financial editor of the 
 Hai'N'ard Ad\-ocate and ]ilaced it on a payin.g 
 basis. H(.' was ti'casurei' of the <). K. Society, 
 and the financial agent of the crew that went 
 to England to row against the (Jxford teaiu in 
 l<St)9, and also took the fii'st Boylstoii jirize in 
 declamation. His colh.'ge life was a \"ei-v husy 
 one. He tdnk his degiee of LL.B. from Llai- 
 N'ai'd Law Schoril in \>\~'2. and then cntei-ed 
 the law office nf Ihtidks & Ball, in Boston, 
 
 GODFREY MORSE. 
 
 wdiere he i-emaine(l one year, being adirntteil 
 to the SuHolk bai' July 2:i, Is?;]. Since then 
 he has been actively engaged in the jiractice 
 of his profession. lia\'iiig as his partner Lee M. 
 Fi'iedman, a graduate of Har\'ard, in the class 
 of 1S9;!. He wasadri-iitte(l to the I'niteil States 
 Suprenie ( 'ourt at Wasbingtdn, February ."?, 
 1S79. 
 
 Mr. M(.irs(.' is om.' of tin.' ablest and most ju'diii- 
 inent men of the Bostim bar. He has made 
 the practice of nier(;aidil(.> law soniewhat of a 
 sp(.'cialty, and has suc-cessfully built up a lar.ye 
 ofHc(' and court business. As an ad\-ocate he 
 has achie\ed a good reputation. His broa(l 
 legal know le(lg(.\ his power foi' argument, his 
 good judgment and soinid common sense, his 
 
BIOGRAPHIC A L.—MASS. I CHVSE ITS. 
 
 101 
 
 force of churarter iiiid native ahility, ainl his 
 industry ami iutellretual attaiiiiiicnts ai'i' widc- 
 ly recognized and admired. We was assistant 
 counsel for tlu' United States in the ('ouitof 
 Conimissioners of the Alabama ('laiinsin l.S,S2, 
 iSS.'iand 18S4. In politit's he is a consistent 
 Democrat. He was a memhi-r of the ScIiihiI 
 Committee of ISoston in 1S7(), 1.S77 and ISTS, 
 a meml)er of the lloston ('ommi)n ('ount'il in 
 1 SSii and ISS;; and its prt'sident in the latter 
 year, and a trustee of the IJnstnn Puhlie Lihrary 
 during a jiai't of the y(,'ar ISS;',. >hneh 11. 
 1 SS."), he was ap[)ointed a mendn'r nf the ISoard 
 of Court House Commissioners for tln' erection 
 of the ne\\' court house of Suffolk t-ounty, in 
 ISoston. and ser\-e(l as such until that hand- 
 some stiueture \\as cornplett'd. He is president 
 and was one of the founders of the Leopold 
 Morse Home for Intirm Hehix'ws ami ()r[)hans 
 of Boston, a tmstee of tlu' ISoston Hental ('ol- 
 lege, and vice-president and one of the in- 
 cor})0ratt)rs of tlu' Home for Incauahles, of 
 ISoston. the only institution to which the late 
 ISishoi) Phillips ISiooks left a legacy. He is 
 tirst xicc-iiri'sideiit of the P)Oston Feilei-ation ot 
 ■Icwish ('harities: jiast master of St. .lolin's 
 Lodge, of Pxjston, the oldest .Mas(]inc organiza- 
 tion in the I'liited States; and a uiemlxa- of 
 the Boston Athletic Association and of the I'ln- 
 versity and f]lysium ('lulis(.)f Boston, and of 
 the Criterion Cluhof New York city. He was 
 a delegate to the National l)(anocratic ( 'on- 
 vention at indiana[)olis in ISitd, an<l is now, 
 1.S9.S, chaiiinan of tlii' ])emocratic National 
 State Coiiniiittee of Massachu.setts and of the 
 Democratic National City Committee of Bos- 
 ton. He is unmari'ieil. 
 
 WH.LIAM HENRY i'KLBLL, Bos- 
 ton, son of .Jeremiah and I'^lizaheth 
 M. (Freenuni) Prehle, was hoiai August U, 
 1856, in Charlestown, now a part of lioston, 
 Mass., wheie he has always I'csided. He is a 
 lineal descendant of Ahrahum Prehle, who 
 came from England to Scituate, Mass., about 
 
 1 ().")(), and wdio renio\'eil soon after his mai'riage 
 lo .luilith, daughter of Edder Nathaniel 'J'ilden, 
 to Yoi'k, Me., wheie he ln'came pi'omineiit in 
 hoth civil and military alfairs. 'Idie fimily 
 lix'ed in ^'<irk f)r sm'eral genei'ations. Mr. 
 Pivhlc's ga'cat-gl-andfather, Stephen Pi'clile, of 
 Yoi'k, mari'ied liaehei Main, and tlieii' son, 
 Stephen, Ji'., wIkj was Imu'ii tliei'c in 1771, 
 married Lydia, {''crnald of l\ittei-y, Me. .lere- 
 miah i'rehle, son of Stephen, ji'., and father of 
 Wdlliam II., was hoiii in ^'ork in 1<S14, and 
 
 WILLIAM H. I'KEKLE. 
 
 finally settled in ( 'liarlest(j«ii, Mass., where ho 
 followed his ti'adc as a hlacksmith, and wliert'. 
 he ilieil October 9, ISSHI, highly I'espi-cted and 
 esteemed. His wife, l'"li/.alieth ^L freeman, 
 a native of Ml. ])esert, Me., was descended 
 fi'om one of the early fannlies of New I'jUg- 
 land. 
 
 William H. Pichle was edu(.'afeil in the i)uh- 
 li<- sidiools of ( 'liai'lestown. After graduating 
 fi'om the high school in 1,S74 he began the 
 study of law in Boston in the otiice of ( leorge 
 M Smith and i''i'eedom Hutchinson, with whom 
 he I'cmaineil nearly six years, being admitteil 
 to the Sulfolk bai' Novembci- -Jl, 1 S.sO. He was 
 admitted to the bar of the Cnite(l States Cir- 
 cuit ( 'ourt in 1.SS4 and to the Su[)renie (Amrt 
 
102 
 
 THE JUDICIARY AND THE BAR OF NEW ENGEAXD. 
 
 of the ruitcil States ill iSiKI. Mv. l'rfl)le has 
 practiced liis prot'cssioii in I'xiston since l.S.SO, 
 making a s[(ccially of civil liusineHS. He has 
 ti'ieil a hir,i;c iiuiiil>cr of daiiiat^'e cases durinti,' 
 his career of eighteen years at the bar, and has 
 gained recognized jironiiiu'iice as a hiwyer and 
 advocate of al>ility and industry. His experi- 
 ence in coniinerciah proliatr, and insolvency 
 litigation has liceii hroad and coinprelien- 
 si\-e. 
 
 ^fr. Prehle has always heeii an ardent lle- 
 pnhlican, and for se\'eral years was active in 
 the councils of his party. Hi' was a member 
 of the Kejiublicaii Ward and City ( "ommittec 
 for eight years, during ti\-e of w hicli he was a 
 meinl)er of its e.xeeutive committee, and for a 
 time lie served it as \ice-presideiit. He was 
 also a member and chairman fif Ward Four 
 Committee, president of the lioston Munici}>al 
 Club, and for t\\-(i years a meiiiber of the ex- 
 ecutive cdiuiuittec of the Kcpublican State 
 Committee. He represented the P^'>urth Suf- 
 folk district (Cbarlestown) in the lower house 
 of the Massachusetts Legislature in IcS.SS and 
 1.S89, serving both years as chairman on elec- 
 tion and as clerk of the coinmittee on })robate 
 and insoK'eiicy. He took an active part in 
 legislati\'c business and made an excellent 
 record during his two terms in the House. In 
 1S91 he was put forwai'd as a camlidate for 
 State senator, and, although defeated, success- 
 fully re(luced the almost iiuulnerable Demo- 
 cratic niajority of bis district to only al)0ut 2(J(J 
 votes. Mr. I'reble is a menibcr of Henry Price 
 Lodge, F. tV: A. M., of ( 'leur de Lion (.'ominand- 
 ery, K. T., ami of ^[assachusetts (_'c)nsistory. 
 He is also past grand of IJuiiker Hill Lodge of 
 (Xld Fellows anil past district de[arty of the 
 Grand Lodge of .Massatdmst'tts, and for seven 
 yeai's was a member of the judiciary C(.immit- 
 tee of the (irand Lodge and is now one of its 
 coinmittee on laws. He is a member of the 
 Ancient and Honorable Artillery Company of 
 Massachusetts, of the Nine Hundred and Ninety- 
 ninth Artillery Association of Cbarlestown, of 
 the Boston ISar Associati<iii, and of se\'eral 
 other social ami political organizations. For 
 
 six years he was a member of (o. A, uth Kegl. 
 M. V. M. 
 
 :\Ir. Preble was married December 8, LS80, 
 to Amy Bertha Nash, daughter of William H. 
 Nash, of the Cbarlestown ilistriet, Bcjston, ami 
 they have six children: Florence L., Elsie 
 May, Crace A., Winifred L., Gladys, and Will- 
 iam E. 
 
 WILLIAM EDWAKI) LGA'ELL 
 DILLAWAY, Boston, is the .-^oii of 
 William Stoughton Dillawayand Ann Maria 
 Bro\\'n, anil was l)orn February 17, Is.!:^, in 
 Boston, Mass., \\diere hi- has al\"\'ays resided. 
 He is descended in a direct line from William 
 Dillaway, of Cambi-idge, a trooper in Cai)tain 
 Preston's company in King i'hilip's war. and 
 whose descendants arc li'ci|ueii(l\" mentioned 
 in the old town and cbui'di records of Boston, 
 fj'om wdiich ])lace \'er>' few apparently have 
 ever rerno\-cil. Mr. Dillaway represents the 
 sex'entb generation of the name in J>oston, 
 wdiere bis sixth great-grandfather lies liuried 
 in King's ( 'hapel burial ground. His great- 
 grandfather, d'boiuas Dillaway, was engaged 
 in the Bevolutionary war. in which other rel- 
 atives also particijiated. His grandfather, 
 "riiomas L)illaway, jr., was extensively engaged 
 in the interior construction of sliijiS in Boston, 
 inheriting the business from his father, who 
 was by trade a ship joiner. William Stough- 
 ton Dillawaw his fdher, is still li\-iiigin Boston 
 at the aih'anced age of eighty-two. (.)n his 
 mother's side Mr. Dillaway is descended from 
 Henry Lear, l)rotlier of Col. Tobias Lear, tlie 
 contidant and ])ri\'ate secretary of (Jeneral 
 Wasliington. Her father was a sea captain. 
 
 Descending from one of the oldest of Boston 
 families, and from patriotic Pevolutionarv 
 stock, Mr. Dillaway inherited those qualities 
 of thrift and vigor wdiich characterize the race, 
 and by the exercise of natural ability and ex- 
 cellent judgment has acbicN'ed success in Iiotb 
 a professional and a business career. He re- 
 cei\'ed liis preparatory education in the puldic 
 
BIOGRA PHIC. \ L.—MA SS.I CHUSE TTS. 
 
 J o:; 
 
 st'houls ol'liis iiati\-L' city, ,ij,ra<lu;itiii,t;- tVdiii the 
 lioston Enti'lisli Ili^h Sc'liool in iSCi;. After- 
 wai'il 1r' studii'il iukU'I' tlie cai'f uf a juiNatc 
 tutor. lie l)e;j,an liis le,!j,al stu<lies in I'.ostou 
 in the ottice of Hon. Auilinise A. Uanney and 
 Nathan ^hirse, and was uraihiated from tlic 
 Harvard Law Srhool witli the decree ot' hL.l!. 
 in ISTl. I le I'emaintMl in tlie otHetMif Kanney 
 it Morse, as studt'nt and lawyer, for se\'eral 
 years, ))einn' aduiitte(l to tlie Suffolk liai' l'"eh- 
 ruary 17, lS7-">. liefure his aihnissi(]ii Mr. 
 I)ilhn\'ay had ahvady ^aineil eonsidcralih:' ex- 
 perience and had won success as a jury ad\"o- 
 cate, arnuiiii;- wdnle still a studeid, and when 
 oidy in his nineteenth year, his first case hefore 
 the full hench of the Su[>rcnic . Judicial ('ourt 
 of the Connnon wealth. Tins was the case of 
 Frederick (J. W. May w Sanniel (.Jodilard, and 
 attracted much attention on account of the 
 interesting' ]ioints of law winch it incohcd. 
 He was ass(]ciated with ilanney tV: Moi'se in 
 ai.'tive ]>ractice until ]S77, wdjcn he formed a 
 partnei-shi|i with ( 'harlcs T. ( talla.yhcr, which 
 contiruu'd for three ycai's under the style of 
 I)illaway ct ( cillan'hci-. Since then he has 
 practiced alone. 
 
 Mr. l)ill,away huilt up a lar^c and successful 
 H'cneral law husiness, wdiich gradually de\-(d- 
 oped into that ilepai'tnuad rclatni^' to coi'poi'a- 
 tions. He w^as couns(4 for Heni-y M. Whitney 
 in the (ii-i^inatin,^ and firming i">f the West 
 End Street Itailway ( 'ompany, haxdnn entire 
 charge of its lenislatix'c matters. He was sole 
 counsel foi' the Hay State (ias ('om|)aiiy in all 
 its conti-ovt'rsics foj- admittance to the \\\i\\{ to 
 do husiness. ami had sole chai'c'C ot the nec'o- 
 tiations which resulted in the (/onsolidation of 
 the gas conipaines of IJoston, and was als<] 
 counsel in mattei's relating to the ISoston Pa- 
 cific National ]5ank. Many of these inteiests 
 were delicati' and complicated, yet iNTr. ])illa- 
 wav managi.'d them all with consunnu.ale skull 
 and judgmeid, and hrcaight ahout I'csulls at 
 once satisfactoi'v and heneficial ffjall concerned. 
 In ISS'S he retired frf)m genei'al practice, and 
 since tlaai has devoted his attention and laier- 
 gies to his ]ii'i\'ate husiness and to the corpoi'a- 
 
 tions with whi<'h he isconneeled. The di reel ion 
 of these, howcN'ci', has kept him in the conslanf 
 jil'actice of his profession. lie is attorne\' foj- 
 se\'eral lianks and cor])Oi'atioiis ; a directoi- for 
 man)' years in all of the lioston (ias (_'om]ianies ; 
 a dii-ector of the Mechanics Xaiional Hank of 
 Hoslon, of which hishrotlaa-, Chailcs < ). H. Hill- 
 away, is president : and pi-esid(Md of the Hoslon 
 i'neumatic Ti-ansit Company, wlii<'h is taigaged 
 under contract with the Tnited States g<i\'ci-ii- 
 mcnt in cai'ry ing mail thi'ough pneum.alic luhes 
 
 WU.l.I.A.M E. L. 1>U.L,^\V.\V. 
 
 het ween the jiost-oltice and the I'ailroad stations 
 of the city. Mi'. I )illaway is deeply interested 
 in the de\'elopmeid and progi'css of the new 
 suhject of }>neumatic tuhes lor ti'ansjjortal ion 
 pui'poses, and was aii'iong the lii'st to actively 
 ad\'Ocate thcii' usefulness and necessity. In 
 maltei's })erta,iniiig to gas and street rail wav 
 law he is generally i-egarde( I asancxpci't. He 
 isanahle lawyei' and ad\'ocate. a man of gi'cat 
 en(a'gy and pei'se\-erance, and a puljlic spirited 
 and (aiterprising citi/.en. lie has conti'ihiited 
 numei'ous eilitoi-ials and olhei' ai'ticles to the 
 newspapers ami magazines, and as a puhlic 
 s]ieak(a' is eloi|uent, graceful and popular. In 
 IS.S.S he was selected to deli\'er the annual 
 
104 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 Fourth of July oration before the rnuiiieipal 
 authorities of Boston. In politics he is a Re- 
 pul)liean, l)ut he has never sought nor aceepted 
 public otfice. He is an enthusiastic collector 
 of rare brie-a-l)rac, jiictures, etchings, and 
 prints, and has of the latter one of tlie largest 
 and finest collections in the city. He is a man 
 of culture, possessing tastes which he has been 
 able to gratify in the collecting of many valu- 
 able liooks and works of art. 
 
 Mr. Dillaway was married .June Ki, 1S74, 
 to Miss Gertrude St. ("lair p]aton. 
 
 FRANK (iOODWlN, A. B., A. M., Boston, 
 is tire son of Hon. Icliabod Goodwin and 
 Sarah Parker Rice, and was born in I'orts- 
 moutli, N. H., November 11, 1S41. His father 
 
 was a mei'cliant and a pronunent Repulilican, 
 and served as go\'ernor of the State of New 
 Ham})shii'e during the early part of the war of 
 the Rel)ellion. He is descended from a dis- 
 tinguisheil line of colonial ancestry, and among 
 others from successive generations of clergy- 
 men, one of vdiom, a gi'aduate <if O.xford Uni- 
 versity, came to New England aliout the mid- 
 dle of the se\'enteenth eenturv. Mr. (ioo(B\-in 
 
 num)>ers among hisgrandfatliers several king's 
 councilors of the colonial period. .Joseph 
 Gerrisli, one of his great-grandfathers, other 
 tliair the clergymen above mentioned, was 
 graduated from Harvard in 1752, ranking first 
 in his class in the catalogue, and was himself 
 a king's councilor of Massachusetts. 
 
 Mr. Goodwin fitted for college at a private 
 school in l*ortsmoutb and was graduated from 
 Harvard University in 18()."!, with the degree 
 of A. B., holding menh)ersbip in tlie O. K. 
 Society. Ijater he I'eceived tlie degree of A. 
 M. in course from that institution. Immediate- 
 ly after graduation he began the study of law 
 in tlie othce of the late .Judge George P. Sanger, 
 of Jjowton, and subse(juently s[)ent a year at 
 the Harvard Law School, and continued his 
 legal studies in Boston with William Dehon 
 and .lohn D. Bryant, being adnritted to the 
 Suffolk l)ai' u})on the written examination by 
 Justice Tbei'on Metcalf of the Supreme .Judicial 
 (.!ourt June 22, 18()0. He began the active 
 ])ractice of his [jrofession alone, but a little 
 later foi'ined a coi)artnership with Messrs. 
 Dehon tfc Bryant, winch continued under the 
 stvie of Dehon, Bryant ct Goodwin until the 
 summer of 1872, \\dien tlie hrm was dissolved. 
 Since then he has carried <>n business by him- 
 self. 
 
 For many years Mr. (JoDdwin was actively 
 eirgaged in the admiralty practice in Boston, 
 liut be has always been a student of the law 
 in nr(.>st of its many branches. In the summer 
 of 188() lie \\'as a[)i)ointt'd the lecturer on the 
 subject of real }>roperty in the \\\\\ school of 
 Boston University, and latei- \\'as promoted to 
 a professorship in that school, still continuing 
 to the present time the duties of a lecturer and 
 professor upon that subject. He has contril)- 
 uted several important articles to different 
 legal pul>lications in the Jhiited States upon 
 subj'ects within the held of pro[ierty law. In 
 liolitics he has always been, like his distin- 
 guislied father, an ai'dent and consistent Re- 
 publican. He is an original memlier of the 
 Anrerican Bar Association and of the l>ar As- 
 sociation of the Citv of Boston ami a mem])er 
 
BIOGRA PHICA L.—MA SSA CHI ^SE TTS. 
 
 105 
 
 ot the bar (if tlu' ( 'irruit and Supreme ( 'oiirls 
 of the United States and of the United States 
 Cuui't of (.'hiiins. He is an al)le hiwyer, es- 
 peeially in tlie departments c>f a(hniraUy, and 
 of real property, and as a puhlie speaker, K'L;'al 
 leeturer, and writt'r has aelucved an en^ineid 
 reputation. Ileresidesin Boston. Pre\'iously, 
 however, he was a ix'sident of ( 'aml>i'id,n'e, 
 ^hiss., where he serx'eil for a time on the ( am- 
 liridge Selioid ( 'omnnttee. 
 
 Mr. (ioodwin was married in Se[(teml)er, 
 1S(;(-;, to INhiry (i., dau^lder of U.pln-aim and 
 Mar}' (King) l>uttriel<, of ( 'amliridge, and tlie\' 
 lia\-e tlu'ee elnldren li\dng: Sarali S., Pvleaiior 
 (;., and Rohcrt Iv 
 
 CHAUhUS 1)E\'KXS. r.L.I)., Woreest.a- 
 and IJiiston, son of ('liarles and Mary 
 (Lithgow) ])evens, \\as horn April 4, Isi^d, in 
 ('harlestown, Mass., (dose to the spot wdiei'c 
 his aneeslor, l;i(diard l)e\-ens, won distinetioii 
 in the liistorie l)at(le of !!iud<er Mill. He en- 
 tt're(l Harvard ( 'ollege wdien only fourlecn 
 vears of aue and was gi-aduated therefrom in 
 ls;;s, among his (dassmates heing .lames Rus- 
 sell Uowidl, \\'illiam W. Siory and ( u.'orge ]>. 
 Uoring. He wa> g|-adualed from the Hai'\"ai'd 
 Law ,S(diool with ilic degixMMif LL.B. in 1S4(I, 
 and contimied his legal studies with ( leoi'ge 
 T. iJavis in (dreenlield, Mass., until his admis- 
 sion to the I'rankliii (-(anity hai' in 1<S41, after 
 wdiieh he was associated with Mr. I)a\'is in 
 active practice till 1 s49. In 1.S4S lie I'cpre- 
 sented Franklin c()unty in the i\hissa(dniset(s 
 Senate, and f]-om Us4;» to Is.";:] he was United 
 States rnarslial for ( he distri(;t of Massachusetts. 
 As a federal ofHcei- sei-\'iiig in the latt(.'r capacity 
 he gained considerahle (listinction fortlie man- 
 ner in «dii(di he faitld'ully and fearh.'ssly dis- 
 (diarged his duties, esaai against the proni[it- 
 ings of his conscience. < )n one occasion he 
 executed a proct'ss rejjianding to liisallege(l 
 owner a fugitix'c shn'c named 4diomas Sims, 
 wdio had lieen caught in Boston as a runaway. 
 Afterward he mad(.' una\'ailing efforts to pur- 
 
 (diase the f|-eed(au of ihe m.aii wdiom Ik.' had 
 ofKcially aided in retuiaiiiig to sla\'ery, and 
 wduai the pro(dauiat ion of emaiici[iation had 
 h'ee(l Sims Mr. 1 )e\'(Mis assisted him, and wduai 
 he hecaiue Unih'il Stales ailoriiey-gen(.'ral lie 
 ga\'e idiu a jilace in his depai-iment. 
 
 In 1S.")4 Ml'. ])e\'ens resuined I he practice of 
 law in A\'orcestei', .Mass., as a partiier of Hon. 
 ( leorge F. Hoai', suhsei|uenlly United States 
 scnatoi'. 'riici'c he Keeame an eiinnent lawyci', 
 displaying ihose I'.i I'c ipia I il ies which afterward 
 made him famous, holh ai (lie liar and on the 
 hench. In April, 1 S(; 1 , immcdiaii'ly after the 
 lii'caking out of the ('i\'il wai', he took com- 
 jiiand of a ritle hattalion foi' (hi'ee nainths' 
 ser\'iee, and was stat ioned al f^ir'i McHeni'y in 
 ISaltimore Harhor. Bciuniing home he raised 
 the Fifteenth Mass. \'ol. Begt., was comiins- 
 sioned it'^ colonel, and led ii to the front, par- 
 tici[ia(ing almost immediately in the hattli' of 
 Ball's Blulf, in wdiieh he won honor and dis- 
 tinction, and wdiere he succeeded ('oh F. 1). 
 ISaker as commanding (illicer. Ajiril 15, 1S(;-.^, 
 he was made a I 'rigadiei'-geiiei'al of \'olunt(('rs 
 and gi\'en a command in the Army of (he 
 i'ot(aiiae. II(.' was in the hattles of \\'illiams- 
 liurg, Fail' ()aks. South .Mountain, Antietam, 
 and (_'haiicellors\-il le, w here he achieved special 
 distinction as t'ommander of a di\dsion of the 
 Fle\'('nth Army ( 'orps. He was also at (.'old 
 Harhor and the fill of itiehmond. He \\'as 
 attaeh(.'d to the I'^ighteenlh ('orps in US(;;.;-(i4, 
 hecame (.'ommander of the 'i'wenly-fourth ( 'orps 
 in Hecemher, US(14, and was l)re\'etted major- 
 geiU'i'al in Ajiril, lS(l."i, and remained with 
 the army until .Inne, lS(;(;, when he was mus- 
 tered out of s(.'i'\dc('. Sodii after the close of 
 the war he was appoinled military go\eriior 
 of South ('ai'(di]ia, which position Ik' filled 
 with great cre(li( and elheieiiey. 
 
 (ieneral I)e\'eiis had scarcely resumed (he 
 practice of liis profession when ( (oNa.'i'iior Bul- 
 lock made him an ,'issoeia(e justice of (h(.' 
 Massachusetts Superior ('ourt, wdiicli otlice he 
 held from l.S(i7 to IST.'!, when he was ele\-ated 
 to the hench of the Supreme .ludicial Court ol 
 the ( 'ommonwealih. in Bs77 Ik' resi"ned 
 
106 
 
 THE lUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 this |if)sitii)n (fi ncct'pt \\w i>()rltulin (if riiitt'il 
 Stales ailonu'y-m'iu'i'al in I'rL'sident Ihn'fs's 
 CahiiK't at \\'asliiii,utoii, a post t'oi' whieli liis 
 fitness \\-as undisjmled. ^\'llil^■ a ineiiilier of 
 the Caliiiiet Ju(l,L;e De\-ens \\as otteii'il the 
 position of juil.ye of ilie rniteil Slates ( 'ireuii 
 Court for tlie Distriei of ^Fassaeliusetls, to sue- 
 eeed Judn'c^ Slieplfv, deeease(L hut L'resident 
 Hayes desired liis eoutiuued presenee in his 
 otHeial family, amh saei'ilieing his own inter- 
 ests, ( ienia-al I)e\'ens remained in '\\w Caliinel. 
 ^\dlen he Kd't it in Issl ln> wasai^'ain a[ipi"iinted, 
 hy trovernor f^ong, as associate justice nf (he 
 Supreme JudieiaK '(au-1 of^Iassatdiuseds, \\-hieli 
 oftiee lie held until liis death on tin' Tih of 
 January, 1 sHl. at ]>i)stnn. 
 
 •ludu'i' l)e\'ens \\-as a goexl l;iw\'er, a per- 
 suasi\'c and successful ad\"ocat(,', and a man nf 
 the higln'st patriolisiri and inteui'ity. Ilew^as 
 a modtd attdi'ney-geucral, indus(ri<ius, e<in- 
 scientious, learned and ahlc. As a jurist lie 
 displayed remai'kahle i|ualilieations. lie had 
 justice, uid'ailiiig c()urtesy, ami great dignity, 
 and his 0[iinious were I'cgarded as somid and 
 un(|Uestionahle. In a \\'(ird he was the em- 
 l)0(liment of those legal and judicial priuci[iles 
 \\diich command uni\'er>al admiratmn, and 
 wdnch distinguish due man among a ihnusaiid. 
 He was an iincomprnndsing liatci- nl' sla\"ery, 
 and was fearli.'ss in (■xjiressing his jionest in- 
 dignation against that curse. As a sohlier he 
 won deserved laurels on (he liat(leh(dd, suf- 
 fered se\'ere wounds, especially at (_'hancel- 
 lors\'ilk', and was evei' afterward the popular 
 idol of his comrades. 
 
 In the early history of tlie (i-raud Aiaiiy of 
 the Ke}>uhlie he ^\'as conmian(ka'-in-chief, and 
 in 1S82 he ln^came [iresident of the Society of 
 the Army (_if the rotornac. lie wa,s also a 
 foremost memher of the Military ( )i'der <if the 
 Loyal Legion, and a proudneut memher and 
 prt'sident of tht' Military Historical Socictv of 
 Massachusetts. As an o]-ator and pulilic speaker 
 lie aeliie\-e(l a national rc]nt(a(i(in, especialK' 
 on sidijecis coiuiectcd with the wax. Ilis re- 
 .s[ionse for the returning soldiei's at (he Mar- 
 \"ard commemoration in ist;."), his euIog\- upon 
 
 Meade at New Idaxaai in 1 sy;!, his ])Uid<er Hill 
 addix'ss in iSTo. Ijis inspired (rihotes (olJcn- 
 eral (irant in lioston and ^\'orcestcr in Ls.S.j, 
 and his last puhlie address, tlie oration liefore 
 the Loyal Legion in I'hiladeljihia, Apiil Li, 
 1x91), on the Iweuty-Hftli anniversary of the 
 founding of tliat order, form a 1iod>- of martial 
 and jiatriotic elo(pience altogether unii|ue in 
 Airierican literature. In Lehruary, LssfJ. lie 
 0}iened the celehrated course <">f war lectures 
 hefoi'c the Lowell Institute, \\hi(di made him 
 tardnently and pre-eminently the orator of the 
 war of the Reliellion, He also deli\-ered the 
 orations at the deilication of tin.' soldiers and 
 sailor's monuinent on Boston (.'onnuon in 1 S77 
 and of the moin.imen(s to the Fifteenth Mass, 
 Lt'i;!. and to ('ol, (ieorge II. A^'ard ;d 'Je-ttys- 
 hurg in Lss(i, and a eulogy on (itaieral Shcii- 
 dan hefori' tlie Loyal Legion in Ikiston in ISSS. 
 He was merdioned for the govei'norshi]i, hut 
 decline(l to allow his name to he ust'd in that 
 conm.'ction. In ISTT he received the honorai'V 
 dcLirec of LL,L, from IIar\"ard Lni\"er.^itv. 
 
 L1-:A'1 LINCOLN, judge of the Supreme 
 • Ittdicial ( '(Uirt of Massachusetts and mem- 
 her of congress six years, was a son of the hi'st 
 Le\d Lincoln, \\dio was a distineui'^hed citizen 
 of tlic ( 'ijnnnon wealth, a memher of -leflcrson's 
 (.'aliinet, lieuttauint-governor and governor of 
 Ma~saclitisetts, and was horn in ^\'orcester, 
 Octoher ■!'-). 17S-2 and ilieil Mav 'IW. iMiS. 
 Me was gi'aduated froni Harvard in L^tli' ami 
 studied law in his father's otht-e. After com- 
 pleting his studies he rapidly ad\"anced in the 
 jirofession, (Lwoting his utmost taicrgies to his 
 husini'ss and wiindng the most Hatterinu suc- 
 cess. He had full conniiand of language, 
 large mental resources, was always master of 
 his facidties, ijualifications (hat nuide him an 
 eloi|uent and con\dncing speakt'r. 
 
 Although his professional success M'as un- 
 (ptalihed, he leit the honorahlc calline at the 
 age of lorty-two >"ears to accept high laniors 
 from the puhlie. He \\as a mentln'r of tlie 
 
BIL ' GRA PHICA L . —MA SSA CM L 'SE T TS. 
 
 107 
 
 State Si^'iiati' in Isl:^ and a strong siipiioi'icr of 
 the administration in its nicasuvcs against 
 (iroat l>ritain, a course (if action in ilircrt op- 
 position to the masses ol' (lie pcoplr of flie 
 State, and sliowim;- liis independent spirit. 
 In 1S14, as a mcmhei- of llie House, lie pi'o- 
 tested \"i!j,-orousl y anainsl ilie resolnlioii \\lii(di 
 resnlted in tlie pariiei]ia( ion of llie Stale in 
 tlu' fariKius Hartford ( 'onxaail ion. !)uriiiLi' 
 several years \w worlhily repi-cscnicd Worces- 
 ter in the State LcLiislaturc and in ISl'-^ was 
 chosen speaker of ihe Mouse in wdiicli a ma- 
 jority were ot (lie opposite political pai'tx". 
 
 Mr. Lincoln's ]ii-omoiion was i-apid. He 
 left the Leii'islaiurc foi-llic I i(ait(Miaiit-L;d\'ern- 
 orship, and while in iliai ollice w;is appointc(l 
 an associate justice of the Supreme Judicial 
 ( 'onrt. Altliouu,h (udy one \'ca !■ on I he IhmicIi, 
 he discharm'd his duties with chai'aclcristie 
 ahility, and under the promptings of his hi^li 
 sense of honor and faii'iicss. In 1 S'_!."i he was 
 nominated for uoeci'iior of the State liy liolh 
 political pai'lii's, a trihute not often heslowed. 
 By snccessi\-e re-elections he held (heoltice 
 idne years, most of the elections llcill^■ snh- 
 stantiall)' uncoidested. It lias heiai written 
 of him that "no moi-c taiililul oi' clliciiait of- 
 tieer has Hlled the chair." It was a period of 
 ereat ad\-aneenKait in internal impro\-emcn(s, 
 in wdiich he alwa\'s ttdt a kctai interest. In 
 all proper ways he impai'icil (o canal and I'ail- 
 roail projects, impi'oNaaiieiils in a,i;i'iiailtui'e, 
 refornr-^ in prisons, and manufaciui'cs a decideil 
 stirruilus. 
 
 When he determined to ilecline a tenth 
 term ;is L;o\"ernoi' lie was pci-suadcil to take the 
 seat in ( 'on^ress left \'acanl liy the election of 
 Jolui Davis to the LiiiN'ei'iiorsliip. There he 
 serveil through four ( on^i-i'sses with tin' sami; 
 self-saeriticinL;' de\'otioii to the puhlic i^dod 
 that had marked his cai'ccr as t;'o\'crnoi-. He 
 now retired to his home life and his period of 
 rest from puhlic aetixdty was thercaftci' sidi- 
 stujitially continuous, ^\'hen, in 1.S4S, Wor- 
 eester organized a eit.v i;-ovci'nnient, it was 
 natural as well as due to him that he should 
 be called to accept the first Jiiayoralt.w This 
 
 olfiee he held only one yeai-. I'h'om Ihat time 
 until his death he ca\'e mu(di atlcailion to 
 au'riculture on his line farm, and lo the lireed- 
 ini;' of liloodeil caiilc. He was thirt.N' years 
 jii'csident of the Worcestci' Acri(ailfiiral So- 
 ciety, and shared in tliewoi'k of the American 
 jVntiipiarian Society. 
 
 LEVI LINCOLN. 
 
 < )nc \\di<i knew Mi'. Lincoln well stated that 
 " his .<_;reat ehai-acteristic was fa itlifulin'ss — a 
 thoroughness in \\diate\'ei- mallei', ^reat or 
 small, that he inidertook. He had an am- 
 liition t(.i possess the I'espect and ^ood-will of 
 the puhlii/, and no considci'at ion of pi'csent 
 ad\'antai;e oi' pi.a'sonal friiaidship wci'c sutH- 
 eient to deter him h'laii the course which 
 seeme(l to him the proper one." 
 
 REUBLN ATWATLl; CHALALVN, M. 
 A., LJj.D., Spi'incficld, associate justice 
 of the ^hissacliusetts Sujiriaiie Judicial ( ourt 
 h'om ISliO to ISOS and chief just ice until his 
 death in ISTo, was the only son of a farmer, 
 
KI8 
 
 THE lUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 and \\'as horn in Mussl-U, Hampden (now 
 Hanipsliiix') county, Mass., Se|)teml)er '20, Isol. 
 He \\'Oi-kcMl on llie farm summers and attended 
 district school \\'inters until he reached the 
 a,ii;e of seventeen, wlien he hegan teaching in 
 the adjoining town of ^lontgomery. ^\'hen 
 nineteen lie hccainc a (derk in a store in ISlan- 
 ford, and as a mendier of a local debating clul) 
 he develo}ied considerahle readiness and capac- 
 ity for argument. This led him to study law 
 there in the oHice of ]>ri"'.-(ien. Alanson Knox, 
 
 KEUBEX A. CHAPMAN. 
 
 with whom he remained ti\'e years. During 
 this period he frc(|uently attended the -lus- 
 tices' C'ouris in the ncighhorliood, and at the 
 time of his admission to the har had gained 
 file reputation of heing an acute jiractitioner. 
 Pie first opened an office in ^^'estfield, Mass., 
 hut soon moved to Monson, and while there 
 married Elizaheth Knox, cddesi daughter of 
 liis legal insii'ut-tor, who with two daughters 
 sur\'ived him. 
 
 I'^'om ^^)nson Mr. Claipman remo\'ed to 
 Ware, and thence ahout 1 S.'SO to Spi'inglield, 
 \\diere he formed a copartnership \\\\\\ (teorge 
 Aslnnun. The fii'm of Chupman ct Ashmun 
 soon came into the fi'out rank of the hai- of 
 
 western Massachusetts and continued for nearly 
 twentv years, achieving eminence and success 
 from the assiduity, ahility, and energy with 
 which they conducted the causes of tlieii' 
 clients. After its dissolution Mr. Chapman 
 practiced alone until lSo4, «dien he took in 
 Franklin ('hamherlin as i)artner. (.)n Sep- 
 tend)er 2<s, ISGO, he \\as appointed associate 
 justice of the Su}(reine Judicial Court and on 
 Fehruary 7, ISGS, he succeeiled Ceorge Tyler 
 Bigelow as chief justice. He remained on the 
 hench of that court until his death, which oc- 
 curred at riuellen, Switzerland, June 28, 1<S7."5. 
 
 While at the har Judge Chapman served 
 upon a connviission to i-evise the pi'oceeilings, 
 practice, and rules of e\'idence of the courts <:if 
 Massachusetts, and joined in the report ujion 
 which was enacted Chapter '2o?> of the Acts of 
 l.Sol, gx'iierally designated the "Practice Act." 
 Tn 1S()(I he was one of the presidential electors 
 for the Conunon wealth and cast his vote for 
 Ahi'aham Lincoln. He de\-oted himself with 
 assiduity, energy, and steady purpose to the 
 one ohject fif perfection in the [)rinciples and 
 practice of his profession. Pie acquired to a 
 remarka1.)le degree readiness in the a])plication 
 of legal principles to comjilicated facts and the 
 changing [)liascs of a ditticult trial. CJear, 
 direct, earnest and logical, he made his clicait's 
 cause his own, and gained a leading place as 
 y\X'\\ as a liigh reputation at the liar of western 
 AFassachusctts. PFe was cspeciaFly familiar 
 with the princifiles of general equity juris- 
 prudence, then of recent introduction in the 
 Commonwealth. He knew Latin, (ireck, and 
 French, and was interested in philosophical 
 reading and inquiry. 
 
 Appointed a justice of the Su[)reme Judicial 
 Court soon after it had heen vested liy the 
 FjCgislature with full claincery powers, -ludge 
 ('hapman enlargt'd the unusual knowledge of 
 that hi'anch of its jurisdiction, wliicli he had 
 already gained in his extensi\-e practice, \)\ 
 new studies in his leisure hours. His connnon 
 sense, and his familiar ac<pTaintance with the 
 husint'ss and ways r>f life of the people, were 
 appareiddn his judgments; and tlie puhlished 
 
BIOGRA PHICAL. —MA SSA CHUSE TTS. 
 
 109 
 
 reports show that hi' \\as al (Hire assigned a 
 large sliare in tlie prejiaratimi of the (i|iini(iiis 
 of the full euurt. His prdiiiotimi in the olliee 
 of ehief justiee was ^\•holly uiisdUi^ht and un- 
 exjieeted l)y him. Me assumed its adminisli'a- 
 tion with that (|uiet modesty \\dnidi was oiu' 
 of his ehavaetevistie traits and he performed 
 its duties to till' satisfaetion of all and so as to 
 fulfill the antieijiation of his warmest friends. 
 An<l nojud.geever more truly kept his oath 
 of otfiee. At the time of his dralh it was said 
 of him : 
 
 "Chief JustiiT' (diajiman was one of those 
 men who ari' eonstantly illustratim; the he- 
 nefieenee of our institutions in niN'ini; to e\ery 
 son and dau,nhler of the State the opportunity 
 to aequire an honorahle edueaii<in. Without 
 the aid of wealth, family, oi' soeial position, 
 l.iv adherin.Li: to sound doeti'ine in reliiiion and 
 morals, and 1>\' persistent industry, he (.)l)tained 
 the edueation neeessary for his admission to 
 the profession he had chosen. Without the 
 advaiita,ues ()f a eolle,t;iate edueation, hy iiatieiit 
 and unremittin,!;' hihor, hy fidelity to the eourts 
 and to his clients, hy a dili.u'ent performance 
 of his duties to the community in wdiich lir 
 lived, and of his ohliyations to the State, and 
 hv the inte,i;rity of his dailv life, he ,uained 
 that position at the har wliii-h justified his 
 elevation to the heiich, and enahled him suli- 
 sequentlv to pei'form the duties of (diiet justice 
 to the satisfaction of the pe<iple of the Common- 
 wealth." 
 
 And "the suci-ess with wdiiidi the farmer's 
 hoy, instructed in the wintei- s(diools ol his 
 native town amoii.i^ the hills, up to the position 
 of chief ju.stice of the lii,i;'liest coui't in Massa- 
 chusetts, was the le^nitimati' fruit of ih(.' I'on- 
 stanc\-, dili,uen<-y, and fortitude w ith which 
 lie stroN'c to do, t<i the hest of his ahility, e\'ei'y 
 duty which pi-esentcd itself." 
 
 His judicial careei- of nearly thirteen yeai's 
 was marked hy conscientious fidelit>', unfail- 
 in,LC di.gnitv, honesty of purpose, and dili,yence 
 in the performance of his duties. Ills im- 
 iiartiality and consiilerate foi-hcarance and 
 courtesy wi^rc especially noteworthy. His 
 
 experience as a nisi prins law\'el' ij,a\'e him 
 ureat facilit\' as a ///'.v/ ^/r/'/f-s' jud^e, and his in- 
 tei;i'ity and Chi'istian cliaract(;r made him 
 niii N'crsally I'cspecti'd and esteenied. His 
 opinions extend tln'ough more than thirty 
 \'olumes of the Alassacdiusetts Keporls, he.niii- 
 nin^ with l(i (ii'ay. He rec(.'i\'e(l Ihr dcLji'ee 
 of .Masti'r of Ai'ls IVom Williams (olle^ein 
 Is.'ili and tVom Amhei'si in 1S41, and the lion- 
 or.ii-y deni'ce of LL.I). from Amliersi in l.SOl 
 and from Hai'\'ai'd ('olleue in lS(i4. 
 
 JOHN WI':LLS, LL.D., Sprin-fadd and 
 ?_J ISrookline, associate justice of the Su[ireme 
 Judicial ('ourt IVom iSIJdto ]S7o, was the son 
 of Hon. Noah Wells, a respected fariiiei' and a 
 man of considei'ahle note in J'^ranklin county, 
 sei'N'inii- seN'cral terms as re]iresi'niati\'e to the 
 
 JOHN WELLS. 
 
 (iciK.'i'al ('ou)'t ami in 1S42 as Stale senator 
 from the <-(iunty of l'"i-anklin. 
 
 • Indite Wells was hin-n in Kowe, Mass., Feh- 
 mai'V 17, ISI!), and sjient his early life on the 
 fai'iii. Hi' attemlcfl the common schoids and 
 in 1s;j4 entered Williams ( 'olle^c, tVoiii wdiich 
 hi' was iiraduated with honoi's m ls;!,s, deli\'- 
 
110 
 
 THE lUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 erini;' {\w \';ik'(lictc)riiiu adilnjss, rink'i- Dr. 
 Hopkins, iln'ii prrsiik'iif of that iiistiUitioii, he 
 aei|uii'('il a lastu frir moral aud iiR'ia|iliysi(';il 
 scieiicr that not only followcil him e\"cr after- 
 war(k liiit charaeteriziMl his I'oreiisir ai'uuunMiis 
 and sliow's \-crv jikiinly in his judicial opinions. 
 After lea\dn,n- eolk'.Lce lie tau^hl seliou] foi' one 
 year in Xe\\"[)Orl, U. k, and llien tui-iied his 
 attention to the study of law, tii'st in the ottiee 
 of I)ani(d Wells and ( k'orij,e 'X . I)a\ds in (Ji-ciai- 
 iield, Akiss., and suhseijueiiily at the ilar\'ard 
 Law" S(/hfjoL lie was admitted to the har in 
 l'k'aid<lin cfiunty, ^kiss., in 1.S41, and at onee 
 estalilished himsidf in praetif/t' at ('hieojjee, 
 \\dii're he li\'ed until he was appointed to the 
 l>enidi. There he was for se\-eral \'eai'sa pai't- 
 ner of (leor^e ]\k Steai'iis, one of the forenKJst 
 lawNia's in w^esicrn Massarhusetts. 
 
 The prou'l'ess of .Judu'e Wells at the liai' was 
 sli"»w,l.ut steady and sure. He huilt u[) a sue- 
 eesshd l)usiness, and ai the same time took an 
 a<;ti\'r intei'cst in [luhlie alknrs, retii'csentinij; 
 Chicopee in tlie lower liousr of (he Massachu- 
 setts ke,;;islaturc in 1S49, Is.")], IS-'Mjand kS(1.5, 
 with distiiK/tion and satisfaction. kpon the 
 union of the jud^eshijis of the ( 'ourts of I'l'O- 
 hate and kisfih'cney in Is.ls he was appointed 
 the first jud^'e of the new c()urt fm- I'k-anklin 
 county, and he ser\'cd in that capa(dty until 
 his lar^e and inereasini;' [iraciice compidlc-'d 
 him to resiLiii in lS(i4. In the mean time, in 
 lS(i!), he mo\'ed his law office (o S]]rineti(dd, 
 where iie formi/d a. copartn(.'r~hip with the late 
 Aiie'ustas kord Soule. -Judee Wells heeame a 
 leader of till.' Hampden count\' har and oik.' of 
 the ahlest law\'(.'rs in western Massaiduiselts. 
 In all local procedure, in coirmion law. in tlie 
 law of real pro[)erty, and in criminal law to 
 so)iie extt.ait, he "'ained a lai'ee experience, hut 
 eipiity, prohate, and insok'ency were prohahly 
 his fa\"orite studies, \\v ls()4 lie was presi- 
 dential elei.'tc)r, and on Septemher 'I'l, 1 N(l(i, lie 
 heeame, hy appointment of (ios'ernoi' Ikdlock, 
 an ass<.ieiate .justice of tke ^Massachusetts Su- 
 preme .Jiidieial (.'ourt, filliii"- the \"acanev 
 caused hy (he d(.'atli of .Jmlee ('harh.'s Au.e'us- 
 tus Dewe\'. He filled this olfiee until liis death. 
 
 which occurred at the house of (4eor,i^'e \\dieat- 
 land ill Salem, Ma.ss.. No\-emhei' 'l'-\, kSTo, 
 
 •ludee Wells possessed an e\'enly-halanee<l 
 mental and moral or.uaiiizatioii, and under the 
 .e-uidaiice of Story and Greenleaf laid tke foun- 
 dations (if tke sojiei'struciure wkiek ke siihse- 
 <|uently raised. He was always the same — 
 thou.ehtkil, consideiitious, patient, dili.eent. 
 He was a .safe ad\'iser, a kind neinkkoi-, an 
 ac(i\-e (.'Iiristian citizen. In the (ieiieral Court 
 he exerteil a commandin.e- intluence as a sounil, 
 safe, and disci-eet leeislator. As.jud.ee of tke 
 Prohate and InsoK-eiicy kourt he denion- 
 strate(l his irieiitak [irofessional, and moi'al ht- 
 ness for tke duties ami responsihilit ies of a Jus- 
 tic(.'oftlie Supreme -ludicial ('ourt. to wdmdi 
 he was appomti.'d upon the unanimous i-econi- 
 mendation of tin.' hai'iif westei'ii Massackusetts, 
 He followed precedents, hut only as his mind 
 discoN'ered and a[>pro\ed the ]irinei[)les on 
 which tlie\' were founded, and his opinions, 
 the n.-snlt cif patient study, prolon.eed thoiieht 
 and se\"ere lo^'ic, kad placed kirn at tke idose 
 of llis life allione' tke foreiDOst of tl le nii-ii wdio 
 lia\-e adorned tke k(ai(di and uuided its .juris- 
 [irudence. ddie coi-ner-stone ution wkiek kis 
 reputation rested was liis [)Ure f'kristian <diar- 
 acter. He was faithful to e\"ery duty, modest, 
 fearless, strai.elittV.irward. He was in the truest 
 sense a rejaihlicaii. ami e\"er ready to serve 
 his fellow eiii/.ens in the parish and Sunday 
 sekool, in associations for pni-])0,ses of ekarity 
 or education, in town fii- county offices, in tlie 
 Le.e'islature, iir in con\'eiitions of tke peojile for 
 political or relieirais ohjects. He possessed a 
 remarkalily sulitle and iliscriminating jiower 
 of anal>'sis, jireeision of statement, and a stroni;-, 
 clear, and accurate style of expri.'ssion. His 
 extreme eouscientiousiiess, liis [latienee of lal.)Or, 
 and kis careful attention to details were eijuallv 
 eons[iieuous in kis professional and judicial 
 career, Hi.s opinions keein in \'-\ Allen ami 
 extend tkrou^^li twenty-six \-olunies of tke 
 Massackusetts Reports, 
 
 .Iud,ec Wells was a man of rare [lurity and 
 disinterestedness of ekai'acter ami dijiiiity, a 
 strony and consistent knitarian, ami a founder 
 
BIOGRAPHICAL.— MASSA CIIUSE TTS. 
 
 Ill 
 
 of the Unitarian (.'liurcli in ( 'liic(>|i('t' and fur 
 years had cdiai;!j,e of its Sunday schoul and of 
 the niusie. At the time of his dt'atli lie was 
 president of tlie Anieriean Tnihirian Assoeia- 
 tion. Soon after liis apiioinliiienl as associate 
 justiee lie renio\-ed to llrookiine, Mass., wlierc 
 lie continued to cxereise anacli\'e inlei'csl in 
 town affairs. In ISdl) he d(di\-ered (he adih'css 
 l)efore tlie alumni of Wdlliaiiis ('oilci^c and in 
 ISTt) that institution confci'i-ed niion him the 
 honorary decree of i>L.l ). He was |)residcid 
 of the A\'illiams ('ollc^c Alumni Associadon 
 durinsj,' the last (wo years of his life. In poli- 
 tics he was first a Whin' and later a Keimlili- 
 can. 
 
 Juilge Wells was married May l-"i, l>i")tl. to 
 Sophia, dau,i;liier of the lale Hon. l-'dmnnd 
 D\\'ieht, of I'xiston. Mass., who witli one son 
 and a dauijhter sur\-i\-ed him. 
 
 G' 
 
 KOlMil-: FUlSIflK llOAl;. senator, he- 
 longs to oni' ol the most, distinguished 
 families of New Kngland. 11 is e;i I'l iest ances- 
 tor in Massachusetls was.Iolni Iloar, wdio was 
 one of three hrothers who came IVom < doueester, 
 England, among the ea I'ly colonists, and a man 
 of high (diaracicr and ahilil\'. His hi'othc'i', 
 I^ec)nard Hoar, was one of the eai'ly pi-csidcids 
 of Har\'ard ( 'ollege. Samuel lloai', gi'andf it her 
 of the senator, was one ol' the I'liiiniail earl\' 
 ^lassacliusetts lawyers, meiidier of cimgrt'ss, 
 and a man of disiinguislii'(| (|ualilications as a 
 statesman. The mother of (he senator was a 
 daughter of Uoger Sherman, of ( 'onneeti(ai(. 
 
 (deorge F. Hoar was horn in ( 'oueord, Mass., 
 Auc'ust "29, 1s-j!(). Sui'r(nnide(l hyall (he inllu- 
 ences that are poteid in moulding (diaradei- 
 for the liigher duties of life, and wi(h am[)le 
 educational o])portuni(ies, he entered llai'\'ard 
 (College after his pi'tdiminai'y s(diool ycai's, 
 and was graduated in ]S4(i. He jairsucd (he 
 study of law in IIar\'ard Law S(dio(j| and in 
 the office of the late Judge Thomas and was 
 admitted to the har in 1S49. Begimniig })rae- 
 tiee in the city of \\'orcester, he (hereafter made 
 
 his home in (ha( place. He rose rapidly in 
 his jiififession, his associates in |)ra<dice a( dif- 
 fer.'nt periods heing l']niory W'ashhurn, (diaries 
 1 )e\'ens and Henry -1. Hill. ,\( I he (i me he (al- 
 tered ( 'ongress in IS(!;), after tw(ai(y ycai's of 
 [irofessional life, ii is h(die\-ed (haf he had I he 
 largest law husincss in (he S(.a(e wes( of ,Mid- 
 dlesex coun(y. He m;na'ieil, in 1 So;;, Mary 
 Louisa Spun', wdio died a few years l.aicr, lea\'- 
 ing a son and a daughicr. He m.ari'icd second, 
 in 1S!;2, Uudi Ann Miller. 
 
 COPVRIG 
 
 SCH E RV^ C. 
 
 ;E0KGE K. lleAK. 
 
 Mr. Hoai' early hecame a(hlia(ed wi(h (he 
 I'^ree Soil partv, and in ls."">]. wdaai he N^-as 
 twenty-h\'e yeai's of age, he was elec(ed a rep- 
 resen(a(i\'e in (lic(i(aicral ('our( and was (he 
 \'ouiigest memlicr (jf (lia( hoih'. He was con- 
 spicu(ais in his opposidon (o the compr<iiiiise 
 measures of (he national goNcrmmad in ls.")(), 
 and (he wav was open lor him lo succet'd 
 (diaries Allen in ('ongress. He put aside all 
 iniluctanenis (o (ader (lial hoily, helic\diig i(. 
 would i"ill him whidly fi-om his profession, hu( 
 he iK.'cepted fui'lhcr honoi- in (he S(a(e ser\dce 
 and in lS57 was (dec(ed Iodic Stale S(aia(e, 
 wdiere he was gi\-en (he (diairm.anship of (he 
 Judiciary comnH(tet'. In thai cajiaidly hewrole 
 
113 
 
 THE lUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 a uiastx'rly report di^Hiiiiin' tlu' Ixmiiilnries of 
 the (_'X(.'futi\'o and k'j^islative aiitliority. 
 
 Mr. Hoar was tVeijuentl y callcil upon to lend 
 the power and influence of his \'oiee to the pro- 
 motion of undertakings for the puhlic gooil 
 anil always gax'e willingly of his time and en- 
 ergy. He aided in estahlishing the W'oree.ster 
 Free Lihrary, was one of the early direetors 
 and president of the institution; also in found- 
 ing what hecame the Worcester I'olytechnie 
 Institute he was active and eftieient. His ar- 
 gument hefore a legislati\'e coinniittee in llS69 
 in favor of technical education was the lii'st 
 adeijuatt' presentation of the claims for this 
 branch of study. He was also an early ad\o- 
 cate of woman suffrage and made an address 
 on tlie suhject hefore a legislative conuiiittee in 
 l.S(i<). 
 
 In lS(i,S Mr. Hoai' \\'as elected a represenfa- 
 ti\'e in Congress, sut-ceeding the late .lohn 1). 
 Baldwin. He was placed on the conimittiH' 
 on education and lalior and prejiai'cil and ad- 
 vf)cated a hill for national education, which 
 added to his rising fame. The hill did not 
 pass in the fV>ri\'-tii-sl ("ojigi'ess, hut Mr. Hoai' 
 re[iortcd it with some changes in the I'"orty- 
 .second and again in the I'"orty-third ( 'ongrt'ss, 
 when it passed the House, only lo fail in the 
 Seuatt'. In his first term he made an eloi|uent 
 and coiiN'incing speeidi wliitdi sa\-ed the lUiri.'au 
 of .Education wdien it \\'as tln'calcncd with aho- 
 lition. As a mcinln'r of the conimiitee on elec- 
 tions in the Foi'ly-secoml ( 'ongress he di'cw the 
 repoi'L in the case of ( 'essua against Myers. 
 Many important (|uestions were disiaisseil in 
 this report, and it has e\'er since heen a recog- 
 nized authority. In the same ( 'ongress he 
 made an ehxjuent appeal foi' the I'ehuilding of 
 ^\'illiam and iMary ('ollege in X'irginia a( lai- 
 tional expiaise, aftia' its destructitai duiang (he 
 Cix'il war. 
 
 In the I'Virty-third Congress, hesides secur- 
 ing a fa\a)ral)le \a)te in the House foi' his edu- 
 cation hill, he reported and carried through 
 the House a hill estahlishing a ISurcan of La- 
 hor Statistics, aial was chairman of a special 
 connuittee to inx'estigate the political disorders 
 
 in Louisiana. In this ('ongress he also deliv- 
 ered his cloipient (ailogy of Senator Sumner. 
 
 In the Forty-tcaii'th ('ongress the Denuxa'ats 
 had a majority in the ITouse, as a result of the 
 elections of 1874. During that term J[r. Hoar 
 madea numhei' of notahle specclies, and thi'iaigh 
 his efforts the Ivids .Jetty hill ht'came a law, 
 causing Mr. I^ads to testify that it was due to 
 i\Ir. Hoar that X(.>w ()i-leaiis was openeil to 
 ocean conniierce. He was one of the mana- 
 gers of the impeachment of Secretary Belknap 
 and naide a i)Owerful argument on the rjuestion 
 of jui'isdiction \\'hieh ga\'e the initial impulse 
 to a wa\a.' of lasting otiicial and p<ilitical re- 
 foi'in. His most distinguisheil sta'vice in this 
 ('ongi'css, however, ^\'as that with which it 
 (dosed — his woil< ;is a naanhcrof the I']lecto]':il 
 Conunission. He was one of the special com- 
 mittee which pi'e[iai'ed the hill estaf)lishing tlie 
 conmiission, adx'ocnted the hill in the House, 
 and was chosen hy that h<idy as a memher of 
 the commission. 
 
 Ml'. Hoar in l.S7'J and lS74 had e,\pi'csse(l 
 his desire to I'etire from puhlic life, hut was 
 persuaded hy his constituents to continue as 
 their i'epi'esentati\'e. In 1 .S7(l his siniilai' de- 
 sire (a-ystallize(l into a I'esolution, and the peo- 
 ple wci'c c()m]>(dle(l to eh.'ct his successor. In 
 the \\-iider l(.)llowing, howe\'er, the JjCgislatui-e 
 (diose him to succeed Mr. Boutwell in the 
 I'liitcil States Senate, \\diei'e he took his seat 
 in Mai'(di, 1S77. In that hody he was a mem- 
 her and foi' some years (diairman of the coiinnit- 
 tee on privileges and elections, a mendjerof the 
 committci.' on (daimsand the judiciai-\' commit- 
 tee, ami others of less im])0rtance. Ihi \\-as the 
 author or princapal aiU'ocate of man\- impoi'- 
 tant measures, among them the Lowidl Hank- 
 I'uptcy hill, the hill for counting the electoral 
 \'otes for president and \ice-pi'esident, the 
 President Successiini hill, the repeal of the 
 Tenure of Office act, and others, most of which 
 hecame laws. 
 
 Mr. Hoar was i'e-(dectcd to the Sejude in 
 Iss:; and again in Iss;), (he last time hy a 
 unainmous vote of the Legislature without a 
 vote of dissent — a distinction not conferred 
 
BIO GRA PHICA /, —MA SS. i CH USE TTS. 
 
 [13 
 
 iil>on any otlier Massac! luse'tts rilizcii in many 
 pivvious years. 
 
 Air. Hoar was four times clioscn {o ])resi(le 
 over Repuliliean Slate cDHvenlions ami in ISSO 
 was president of the National ('onvenlion at 
 t'hieas^o, whieh nominated President (larlield. 
 In many otlier wal]<s of life Mr. Hoar made his 
 presence felt in useful ways. He is a clear and 
 lo.u'ical writer, and has contriluited \-alual)le 
 l)apers to magazines and deli\'ei\'d many ad- 
 dresses covering a wide range of suhjects. He 
 was at one period a niemher of (lie Board of 
 Overseers of Harvard College : an acti\"e mem- 
 ber and some years president of llie American 
 Antiquarian Society: a trustee of the \\'orces- 
 ter rolytechnic Institute; a rt'gcnt of tlie 
 Smithsonian Institution : and recei\-ed llie de- 
 gree of Doctor of La\\sfrom A\'illiani and Ahiry 
 College, Andierst, Yale and Harvard. 
 
 mo\-eil on to his grandf liliei-'s la I'm in(i|-eat 
 ]:>arrington, wdiere he alleiided tlic old acad- 
 emy and commenceil the study oi'(ireek. In 
 l.S."J4 lie altendeil Williams ('ollege and was 
 graduated with high honoi's tVom that insti- 
 tution in the (dass of IS-lS. Huring his col- 
 legiate coui'se he ga\'e s|ie<-ial att<'n(ion to the 
 study of metaphysics and philosophy, wduch 
 lia\'e al\\'ays heen attracii\'e suhjecis IVir his 
 unusually anah'tical mind, and which, ])er- 
 haps, were largely instrumental in causing 
 
 TTSTIX DEWKY, LL.D.. Springtield, one 
 <^ of the justices of the Superior ('oui-t (if 
 Massachusetts, is the great-ureat-grandson of 
 Thomas Hewey, one of the tirst scltlei's of 
 (treat Barrington, Mass., in 1727. Israel 
 Dewey, son of Thomas, was in (.'arly life a 
 resident of W'estfield, Mass., w licnc(.' he i-ciiio\-ed 
 to (treat Harrington in l*'ehi-uary, ]7o7. He 
 was a man of sti'ong mind, fond of argiiiiient, 
 
 and died Xo^■emller '!'■'>, 177-'!, al the age of him to ik'cide upon the law as a profession, 
 sixty-one. Of his thirteen children, -lustin In Septemhei-, Ds.ls, he hegan his legal studies 
 
 JUSl l.\ IJEWEV. 
 
 Dewey, sr., and Hugo wei-e the ancestors of a 
 laru'C nuiiiher of settlers in Bei'kshire c<anit\' 
 
 in the ofli<-e (jf Iiici-ease Sumner c^' S(.in, of 
 (treat Barrinnfon, where he remained until 
 
 natures, wit, and puhlii- sjiiril. .luslin, sr., 
 was horn -JanuaiA' •">, 17ol, married Luc\' 
 
 and \"iciiiity, and were noted for thcii' Jo\dal his admission pj the har in Nox'emher, l.S(i((, 
 
 and wlici'c he commenced acti\'e practice. 
 The N'arieil e.\|iei'ience which he ol)fained under 
 
 Mears, and died August .'11, Is;;^!. Theii- son, his eminent pi-cceptor. Increase Sumner, ga\'e 
 
 him a high sianding asan ahk' lawN'cr almost 
 from the slai'l, and he soon rose to a foremost 
 place at the hai'. In 1 s(i-_! he was eleclt'd (o 
 the Legislalui'c on (lie Kepul ilicaii (ickel, and 
 during the session of ISO;! he ser\'ed as a iiicni- 
 her of the pi'ohalc and jiidiciarv and oilier 
 important commiiiees. Afierward he formed 
 a copartnei'sh ip \\\\\\ Inci'case Sumner, which 
 
 .Justin Dewey, ji'., mari-ied Melinda Kelsey, 
 and was a faianer in (ii-eai Barrington, wdiei'c 
 he dieil at the age of se\"enty-eiglit. 
 
 Justin Dewey, the suhjeci of lids sketch and 
 a son of Justin Dewey, jr., and iMelinda Kelsey, 
 was horn in Alfoi'd, Berkshire couidy, Mass., 
 ■lune 12, ].s;j(t, and recei\'e(l his ju'climinary 
 training in the puhlic schools. In 1S49 he 
 
114 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 contiiuuMl foi' ;<ix yeai's. In isTilt lie resumed 
 praetiee alone. He was ayain a iiiember of 
 tlie Le,i;islatui-e in 1S77, ser\'in,t;' on the rail- 
 road and other eonnnittees, and in the fall of 
 1.S7.S was eleeted to the State Senate, where 
 he won distinetion as a nieinher of the eoni- 
 mittee on probate and chaneei'v and of tlie 
 joint speeial eomniittee on retrenehnieiit. He 
 deelined a renoniination and aj^ain devoted 
 liiniself to the praetiee of the law, ha\-in,i( as a 
 partner for ahout fi\'e years his former law 
 student, Frank H. Wi-iglit. On Oetoher i^O, 
 ISSG, (iovernoi' Rohinson aj)]>ointed him a 
 justiee of tlie Su})erior ('ourt of Massa<duisetts, 
 anil in February, IS.ST, be remo\'ed to Sprin.n- 
 field. 
 
 Judge Dewey's eareer lias been an unusually 
 active one. In the general praetiee of liis pro- 
 fession be achieved a more than local eminence, 
 and for many years bis Imsiness was fif a wide 
 and varied character. The case that brought 
 him into sjjecial })rominence was that eiditled 
 Commonwealth of jNIassacbusetts \s. Ilousaton- 
 ic Kailroad( 'o., 14.'! Mass. lie})., 2(14, which came 
 before the Sujireine -Judicial ('ourt in Septem- 
 bei', l.S.S(;. This grew out of a law passed the 
 pre\'ious year regulating freight rates, and re- 
 sulted in favor of -Judge Dewey and hisclient, 
 the I'ailroad company, \\-bicb ailinitteil ten 
 cases of violation. The statute was declareil 
 unconstitutional. -Judge Dewey's npjioiient 
 was Hon. (icorge F. Hoar. The case attracted 
 wide attention in j-ailroad <;i)-cles, and probaJily 
 moi'e than anything else \\'oiL for .Fudge Dewey 
 bis appointment to the bench. 
 
 ^\dlilea resident of (ireat Barrington -Judge 
 I)ewey was one of the most jironnnent citizens, 
 taking an acti^■e interest in e\'ery important 
 movement and conti'ibuting liberally to all 
 worthy entei'prises. He was for twenty-four 
 years a leading member of the School Doard, 
 and during a consideralik' poi'tion of that pe- 
 riod be ser\'eil as its (diairman. His effoils to 
 }irom(jt(.' education were untii'ing. For some 
 time 1k' was identified \\\\\\ the old Libi'ary 
 Association: and realizing tlie [lossibilit ies of 
 a reoruanized institution, lia\'ing a liroader 
 
 working basis, he planned and instituted, in 
 April, DS<Sl, till' present Great ISarrington 
 Free Library, which he served as a director 
 until bs.ST. He was virtually the founder of 
 this institution, its chief promoter from the 
 .start, and one of its incorporators. He was one 
 of the founders of tlie (Ireat Bari'ington Savings 
 Bank, and served continuously as a trustee 
 and member of the lioard of investment until 
 bis removal to Springfield. He was also a 
 directoi' of the National Mabaiwe Bank for 
 sevei-al years. As treasui'cr of the Congrega- 
 tional church anil chairman of its i>arish com- 
 mittee be was useful and influential in the 
 cause of religion. In Springfield he is a prom- 
 inent member of the South Congregrational 
 church. He has ah\-ays been a Republican, 
 and during much of bis carl)- life was active 
 in local political affairs. He is a trustee of 
 M'illiams College, which (.■onferred u}ion Iiim 
 the degree of LL.D. in 1.S9;',. 
 
 As a jui'ist be has e.xbibitcd the highest 
 jmlicial (jualifications, and is widely esteemed 
 foi' bis ability, integrity, and manly dignity. 
 He has presided o\'er a large numl)er of im- 
 }ii)rtant trials, the most celebrated of wliich 
 was till' famous Borden murder case of Fall 
 Rivei', in which be delivered an able and 
 eloipient cbargi.' to the jury. 
 
 •Judge Dewey \\'as man-ied in (bx'at I5arring- 
 ton, ^biss., I'ebruary S, lS(].j, to -lane, daughter 
 of (Jeorge and Clara (Wadbams) Stanley, 
 and the)' have three children : Mary, Sarah 
 S. and ^[ar^aret. 
 
 MARCUS PFRBIX KXOWLTCX, 
 S}iringfield, one of tin.' justices of the 
 Supreme -Indicial (ourt of ^Massachusetts, ^\-as 
 bom in \\'ilbrabam on Fidiruai'V .3, 1.S.39. lie 
 is a ilii'cct descendant of('a}>t. A\'illiam Kno\\'l- 
 ton, win:) sailed from London for Nova Scotia 
 in 1()-'!'J— 4 and died on the vovage. His widow 
 and three sons, .John, William and Thomas, 
 picicceded to America and by 1042 bad be- 
 come residents of Ipswich, Mass. \\'illiaiji 
 
BIOGKA PHICA L— MASS A CHUSE TTS. 
 
 115 
 
 KiK>\\lton,jr.,li;ul :i son A\'illiaiii, liorii in 1(14:^, 
 who ri,'nio\H'il to Nt'w York in lliTS niid io 
 Norwich in l(iS2, ami wIkisc sdu 'IMionias mar- 
 vied for his tivst witV ^hirjery (iddilhiu'. a i^rand- 
 (hiughtt'V ol' Deacon ^\'illialu (iuodhuo, one of 
 I})S\vich's earliest and niosi proniiiu'nt citizens. 
 Their elilest son, Kdln'rl, lioin in l(i!).'S, ni(i\'e(l 
 to Mutton, Mass., and tliencc tu Asldurd, ( 'oini., 
 where he ser\'ed in the Colonial Assenihly from 
 1739 to 17o5, and where his younuest son 
 Ahrahani spent his entire life. Aniasa Know 1- 
 ton, son of Al>raham, marrii'(l Mart^aivt Top- 
 
 MAKCUS I-. KNOWLTON. 
 
 lift and heeame a respecied resident of .Mdusoii, 
 Mass. Idieir younizest sf)n, Mei-ricl< Know lion, 
 was hoi'ii Au.L^ust 2!), ISOii, married f'atima 
 Perrin, and died Januai'v jio, I.SIU, lea\-in^' 
 two sons and iw'<) diniLihtei's, .^h■lrcus I'. heiiiL;' 
 the third eliild. 
 
 ^\'hen fi\'e years did vouiil; Kjiowltmi re- 
 moved with his parents to Mdiison, Mass., 
 wdiere he spent his huyhood and i.-aily youth 
 on the farm, studying at the pnhlie sidiools 
 and the Monson Academy. I'jiidowxMl tVom 
 intancy with a delicate cunstitution he ac- 
 (|uired that a|>[)eai'ance of J'lihirsj health which 
 has marked the iiKjre re</ent years of his life 
 only by the ereatest cai'e ami must methodical 
 
 haliits. Asa hoy he de\'(do]ied a natural tastc! 
 foi' knowdeilL^-e that has hecn the distinj^uishinn' 
 ti'ail of his Ioiil;' arid act i\'e career. lie taught 
 ilislrict school two wintci's, and then, in IX.KI, 
 entered Yale ('oik'ge, from which he was 
 Ui-aduate(l with high honors in ISdO. During' 
 the next yeai' he HlK'd the position of principal 
 of (he rinon School at Xorwalk, ('onn., with 
 ,Urea( success. Hut his in(dinations and tastes 
 were for the law as a ]ii'ofession, and in 1S()] 
 he hegan his legal studies in the ollice of James 
 (i. AIKmi, of Palmer, Mass. Me suhse<juently 
 studied undci' .lohn W'ldls and Augustus Loi'd 
 Soule. in Springfi(dd, then law |>ar(ners and 
 afterward justices oi the Supreme Judicial 
 ('ourt of Massa(duisetts, and was admitted to 
 the Massachusetts har in Dsii^. lie irnniedi- 
 at(dy ojiened an oftice in Springfield, wdiere he 
 has since i-csided. In 1 S7(l he was admitted 
 to practice in the Supi'cme ( 'ourt of the I'nited 
 Stales. 
 
 ( 'onscientious devotion to duty, thorough 
 kuowdedge of the law, and natural ahility of a 
 high or<lej- soon won for Mi: Know Iton a large 
 and successl'ul practice, and within a few years 
 he liccamea I'ccognized leader of the Hampden 
 hai'. In July, 1 S()5, he formed a copartnership 
 with tliat (.■iinneut counscdor, ( jeorge M. Stearns, 
 wdiich contiinu'd until July, liS7<s, the firm 
 name heing Steai'UseV: Knowdton and afterward 
 Steams, Knowdton cV: Long. Yhe fii-m of 
 Stcai'usA' Knowdton is said to ha\'t' heen the 
 strongest that e\-er practiced in Hampden 
 county and \-icinit>'. Jdiey enjoyed an exten- 
 sive husiness, ln'ing iideresteil for many y(.'ai's 
 in fully two-ihirds of all the cases ti'ied in the 
 local courts. Jdieir minds woi'ked in perfect 
 harmony upon all [)oinisof the law, notwith- 
 standing the fict thai theii' inili\'idual natures 
 differed in oul ward chai'acl eristics. Hoih wei'c 
 une,\c(dled asti'ial lawyci's. Jdiei i' ai-gumcnts 
 hefo re juries wci'e logical, convincing, and (do- 
 (|nent, wdiilc tlndr hi'iefs and other legal do(ai- 
 ments lioi'c c\ddence of great litei'ary merit. 
 Mr. knowhon also took an acti\'e |)ai'i in jiuh- 
 lic affaii's. ser\'ing as preside] d of 1 he ( 'lainnon 
 ('ouiicil of SpringHtdd in 1X72 and 1<S7.'! and 
 
no 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 representing;' lliat eity in (lie Slate Legislature 
 in IST.S. As a nieni!)er of the latter l:)0<ly he 
 serN'ed on the eomniittees on judieiar}', li(Hior 
 law, state deteetion force, and eonstitutional 
 amendments, and gained for Liniself an envia- 
 ble reputation for leadership. He hecanie a 
 director of the Springfield and Xe\\' London 
 Railroad Company and a trustee and treas- 
 urer of the Springfield City Hospital. He 
 declined a i-enomination to the Legislature, hut 
 in 1<S80 was sent to tlie State Senate, where 
 his integrity, inde})endence, and ahility won 
 the highest esteem and secured foi- him a sec- 
 ond term. In politics he has always heeii a 
 Rejiuhlican. 
 
 [u August, LS.Sl, liL' was appointed justice 
 of the Sn[)erior ('ourl of jMassa(diuseits, and in 
 September, 1887, was ele\'ated to tli(; hencli of 
 the Supreme Judicial Court, which he ha.s since 
 graceil with great dignity and unusual scholar- 
 ly attainments. .Judge Kno\\'l(on is generall>' 
 regarded as one of the strongest and ablest 
 members of the ^lassachusetts judiciary. Idis 
 opinions are clear, concise, logical, and help- 
 ful; they possess literary merit of a high order, 
 and ha\'e always commanded respect. As a 
 jurist his name has Iteen associated with many 
 great trials in which the [)ublic ha\'e bad an 
 aVisorhing intei'cst, and in which his al)ility has 
 won for him judicial ennnence. Two of these 
 trials may Ije mentioned, namely, tlie celebrated 
 Andover case, iin'olving the removal of several 
 professors, in which he wrote the o[iiniou of 
 the full court, and the fjexingtou library ease, 
 entitled Cary Lilirary vs. Lliss, which involved 
 a very important [)oint of constitutional law. 
 These cases attracted wide attention. 
 
 On tlie LSth of .July, 18()7, Judge Knowlton 
 married Sophia, daughter of ^\dlliam and Saba 
 A. (Cuslnnau) Ritchie, who died February 18, 
 188(;. On Ahiy 21, ls91, he married ?*Iiss IJose 
 Mary, daughter of Cyi'us Iv. and Susan (Holt) 
 Ladd, of Portland, Me., and they have two 
 childi'cn: Marcus Ladd and I'dizabi'th. 
 
 WILLIAM WHITNEY IHCE, son of 
 I!e\'. Benjairun and Lucy (^\dlitney) 
 Kice, was born in Dcerfield, Mass., Mai'ch 7, 
 1826, and died in the city of Worcester, March 
 1, l89(j. (_)n his father's side he descended in 
 the se\'entli generation from E<lmund Kice, 
 the progenitor of the fanuly in America, \\dio 
 came from Englaml aii<l settleil in Sudbury, 
 in l(J.'U). Lucy Whitney \\as a daughter of 
 I'hineas Wdiitney, of Winchendon, Mass., the 
 sixth in line of descent from John Whitney, 
 who was a i-esident in A\''atertown in l()3o. 
 
 WILLI.\M \V. RICE. 
 
 Mr. IJice's boyhood was passed near ( ilouccs- 
 ter and Bexton in Maine, with exceplion of 
 tlie period of his altendanceat theacademv in 
 Corham, and after three years of study in that 
 institution he entered ISowdoin ( 'ollege and 
 was graduated in the class of l84(b He then 
 taught school in Maine a short time, followe<I 
 by four yeai's as teacher in the Leicester Acad- 
 emy in Massacbuselts. In 18.")! he began the 
 study of law in the oihce of Emory Washlnii-n 
 and (reorge F. Hoai-, in Worcester, and was 
 admitted to the bar in 1854. Begimung 
 practice in \\'o]'cesLer, he soon secured a large 
 clientage. His first public service was as mem- 
 \k'v of the Stdiool Connnitlee several vears. 
 
BIO GRA PHfCA L . —MA SSA CH USE T TS. 
 
 117 
 
 In is,").} 1k' was appoin'u'd S|H'ri:il juslic/t' (if (lie 
 Police (_'(iuri ami three years laiev was iianle 
 judi^e of iiisul\-riie>' for ilie eounty, wliieli po- 
 sition lie lielil until tlu' oliiee was merged in 
 that of jud^e of |ir(.)1iate. \\\ Deeenilier, IS.",!), he 
 waseleeted mayor of \\'oreester, the lirst lieimh- 
 lieau and U[i to that time ilie youngest man 
 wlio had lield the ottiee. II is admiiiisiratiiin 
 was emiiu'iiily satisfaeiory i" ihe community. 
 
 From iSliS to 1S7;'» Mr. iiii'e diseliai\ued the 
 duties of district attorney for tlie Middle ilis- 
 trict with ahiliiy and faiihfulness. In IST.", 
 lie served oin' term in tin; (leneral ( 'oiirt, 
 where he cffij<'tually o]i]iosed the (hrcateiied 
 di^■ision of Worcester i-oiuiiy. 
 
 Ill 1S7(], u])on tlie rei ireiiieiit ot ( icor^c V. 
 IIc:iar from c<iiii:re^sional service, Mr. Uice 
 was elected as his suct/cssor. He coni iuiicd in 
 that office h\' re-elections iiiiiil March 4, 1S,S7. 
 He ser\"ed eHicieiith' as a meiiiher of (he com- 
 mittee mi foreiu'ii affairs and on Iiulian affairs, 
 his numerous re[ii"irts e\'inciii^ ureat industry 
 and careful s'aidv of the \-arious suhjects. 
 His princijial s[)eeches were on '-ddie Heath 
 of < teneral iSurnside ; " "ddie A[)pro|)rial ion for 
 ( dierokee Indians ;" " ( liinese Immiei-iiidii ; " 
 "Tlie ( 'on^ressionai hihr.irv:" and ■■The 
 Bri.e-, '(ieneral Armstrong.'" AfVer his re- 
 tirement from ( 'oun'ress Mr. Ilice accepted no 
 puhlic oflice and dex'oted himself to his pro- 
 fession until failing h(.>alth compelled him ti;i 
 relinquish husiness acii\di\-. He w<ait to 
 Europe in 1 .s!)-_!, and deri\-eil 'J^y^"..\\ pleasure 
 from a visit to the old home of the Wdiitney 
 ance.stors, where he x'crified the records of the 
 Whitney family. He jirepareil the ■•Whitney 
 Narrafi\'e," which was [luhlished hy the family 
 after liis death. 
 
 Mr. Iiiee was an o\'erseer of liowdoin ('ol- 
 lee'C, a trustee of Leicestei^ Academy, of the 
 \\'orcester l'ol\-teclinic Institute and of ('lark 
 Hni\-ersit\-, and a iiiemher of the American 
 Antiquarian Society. He was a dii-ector and 
 the solicitor for the City National Hank many 
 yeai's. He received the de.^ree of LL.D. h'oni 
 his alma mater in Lssii. 
 
 Mr. Kice was married in I.S.j.j to ( ornelia 
 
 A. Moen, who died in 1 Sdi:!, leas'lni; two sons, 
 of whom (diaries Moen Rice, of the Wi:ii^cester 
 hai^, is the younu'er. In lS7."i Mi^. Rice mar- 
 rieil Alice ]\lillei', daii^hlei' of the late Henry 
 W. Miller. 
 
 FREDERIC THOMAS ( ;REEXHAL( JE, 
 Lowell, formerly _i;d\'ci'noi^ of Massaidiu- 
 seits, was the only son of William and .lane 
 (Slater) ( iretaiha lii'c, and was horn in ( ditheroe, 
 
 ■'UEeiiKic T. (;keemiaL{;e. 
 
 a parliamentai^y hoi-ovmh in (he county of 
 Lancashire, England, July 1!», X'^Vl. In Is."!.! 
 William ( ireiaihalii'e, wdio had keen for se\'eral 
 years an eii,L;ra\'er in the Rriinmse Print Woi'ks 
 in ( I itheroe, hrou^ht his family to America 
 and settled in Powidk Mass., where he had 
 charge of the copp(.'r r(dlei- enL;'ra\dnL!,' in the 
 Merrimac Print .Mills. 
 
 Prederic T. ( ii^eenhaln'e was uraduatcd from 
 the Powell Ili.nh Sclioid, wheri' he ranked as 
 the tii'st scholar in his class and rt'cei\'ed the 
 first ( arney medal e\'er L;i\-(ai. He (Mitei^ed 
 Har\'ard ('olleee in the (dass of PS6.3, hut the 
 death of his father compelled him to lea\'e, 
 duriiiij,' his junior year, and earn his c>wn way 
 in life. He eimaL:,'ed in teaching and als<i to(.ik 
 
118 
 
 THE lUDICIARV AND THE BAR OF NEW ENGLAND. 
 
 \\\) the stuilv (if law, and lalcr enteix'(l ilie law 
 office of iirown i*c Alm'r. In ()etoli(_T, l.S(j;>, 
 lie joined the riiifni army and \\as coiineeted 
 with the eoiuiuiissai-v department at Newhern, 
 N. ('. ^\'hile en,ua,i;'ed in this serviee he was 
 stvicktai with malarial fe\-er, and after se\'eral 
 weeks was seid home. Ujion reeox'erinu he 
 resumed his leii'al slmlies and \\'as admitted 
 to the Suifolk har in Isii.l. From that time 
 till ISTIt he was assoeiaie(l in practice with 
 Cliarles 1". Howe. Afterward lu' ]iracticed 
 alone. 
 
 Mr. Greeidialue was a \'ci-y ahle lawyer. 
 He achiiweil eminence at the hai\ and was 
 widely esteemed for his honesty, iiiteurity, 
 and n'cniality. His jiolitical life hci^an soon 
 aftei' his admission. He \\'as a mendier fif 
 Lowell Common Council in lS(iS ;nid 1S69, 
 a memher of tlie Lo^\•ell School linard from 
 1S71 to 1S7.'>, special justice of the Police 
 Court of Lnwell fmni 1S74 to 1,SS4, and mayor 
 of tlie city in ISSD and Is.sl. He was a reji- 
 resentati\'e to the lower hmise of the [jcnisla- 
 ture from Lo\\'ell in is.s."), city solicitor of 
 Lowell in l.SSS, ;ind a meinhe]' of (he Fifty- 
 first Congress from the i']iL:lith Massa(/husetts 
 district in lS,si)-9(). At Waslnnuton he ranked 
 M'ith the leaders in the Xc\\^ England delega- 
 tion, and heinc' a ready dehater was often 
 lieai'd on the Hoor of the House. In lS90 he 
 Avas I'ennminated for < 'ongress. hut wasdefeated 
 after an e.xcitinu- campaign. He was a dele- 
 gate to the Re]iuhli(.-an National ('unx'ention 
 in LS.S4, and chairman of the Keiiuhlicaii State 
 Con\-ention in iSflO. In iSi-):-) he \\-as elected 
 go\"ernor of Massachusi.'tts as the successor- of 
 (tov. William L. Lussell. and \\'as re-elected 
 in 1S94 and again in isl)."), and died wdnle 
 holding this office, Martdi o, LslXi. 
 
 ( io\'ei'iioi' Creenhalge was a hrilliant oi'ator, 
 and for many years one of the poj)ular citizens 
 of the Commonwealth. As a puhlic s[)eaker 
 and lecturer he acipiired a wide I'cputation. 
 He \\'as a ready dehater, and possessed keen 
 ^xiX. grt-at depth of know ledge, and ahili(\' rif 
 high oi'dci'. Asa puhlic officer he dis(diarged 
 ■lis duties with unwaN'criiiL; tidelit\- and uni- 
 
 \-ersal satisfaction, and won the esteem and 
 (.-onfidence rif hoth friends and opponents. He 
 wasa prominent memhei- of sex'eral of Lowell's 
 leading institutions, and was president of the 
 Lowell Humane Society, a trustee and lattcj'ly 
 ])i'csideut of the (.'ity Listitutions for Sa\-ings, 
 and president of the Unitarian, History, and 
 People's Cluhs, 
 
 He ^vas mai-ried in Lowell, October 1, LS72, 
 to Miss Jsahel Xesmith, daughter of JLjn. 
 •lohn Xesmith, li eutenani-go\'ernor of ]\Iassa- 
 (diusetts in 1.SG2. They had four chililren: 
 Xesmith. Frederick B., Harriet X., an<l Rich- 
 ard S. 
 
 TOHX HEXKY CLIFFORD. — Li high 
 K^ legal attainments and distinguished 
 slatesmanshiji, .lohn Heni'y Clifford was the 
 ]>eer of his contemporaries. Covernor Cliffoi'd 
 (for hy tliat title he A^'as Rest known) was not 
 a nati\-e of Massachusetts, hut \\'as liorn in 
 Pi'fividence, R. I., .January Hi, 1h09, and re- 
 .sided there with his parents until liis schfiol 
 and college ediu-ition was fhiished. He took 
 a four yeai's' course in ]]ro\\"n I'niversity and 
 graduateil in ls27 with the degree of A. P. 
 He then left his home to enter upon law stird>' 
 in the office of Timothy (J. Coffin in Xew Ped- 
 ford, ^Liss,, and subseijuently studied with the 
 late Theron Metcalf, of De.lham, hi Ls.'KI he 
 was admitted to the har and in the same \-ear 
 took his degree of A, M, and ileli\"ered an ora- 
 tion on the " Perils of Professional Life," He 
 then liegan law practice in Xew fjedford, < )n 
 the Kith of .January (his twenty-third hirthdav), 
 he married Sarah Parker Allen, daughter of 
 William Howdand Allen, and granddaughter 
 of .lohn Amery Parker, of Ne«- Pe(]ford. 
 Though fre(juently for exteiideil periods larue- 
 ly engrossed in the duties of puhlic life, (Jov- 
 (■rnor (difford continne<l in acti\"e connectifai 
 with liis profession until near his death. 
 
 For a hrief period lie was partner with Tim- 
 othy (t. Coffin and suhse(piently for nearly ten 
 years was associateil with IP (4. (). ( 'olljy. 
 From Ls4o to Ls.");i J^incoln t^lagg Prigham, 
 
BIOGRA PHICAL. —MA SSA CHUSETTS. 
 
 119 
 
 ^vho liad studiiMl in his oltici', was liis iiartiKT. 
 (.Tovenior Clittbrd tii'st vntercil upuii pul>lic life 
 ill lS:]o when lie took his seat in the Massa- 
 ehusetts Legislature. That was the year of 
 the revision of the statutes of the Conimon- 
 wealth and he i)erforiued elleeti\-e ser\'iee on 
 the large eomniittee whieh had the inattei' in 
 eharge. In l.S:>() he was aide-de-eaiii|i (o (!ov- 
 ernor Everett, a })Osition whieh he held until 
 Mr. Everett's administration was hrought to a 
 elose in 1S4(I by a single vote out of a hundred 
 thousand. Before (Jovenior Flverett left the 
 ottiee, however, he conferred upon ^\v. ('liti'oid, 
 in wliom he had the highest conliilenee, the 
 appointuient of district attorney for the South- 
 ern district of Massachusetts, an ottiee in which 
 he faitlifully and ahly served the people nearly 
 ten years, ^feantinle in 1S4") IJristol county 
 elected him to the State Senate, in which hody 
 he gave renewed evidence of his ahility as a 
 speaker and legislator. 
 
 fjut Governor (.'lifford's love f)r the activities 
 of liis })rofession was paramount and fortunate- 
 Iv for his own gratitication, in l.S4!t, he entered 
 upon the duties of an oltiee which was to be 
 the field of his longest and most ilistinguished 
 public service. In that year he reeci\'e(l from 
 (ro\ernor Briggs the appointmod of attorney- 
 general of the State. Early in the following 
 year it fell to his lot to conduct a ti-ial that is 
 memorable in the legal annals of the couiiti'\' — 
 that of Prof -John \\ . Webster for the murder 
 of Dr. (ieorge J^irkeman. To this day, after 
 the lapse of half a century, the cii'(auiistan(;es 
 surrounding tliat great crime and the fi'ial 
 possess the fascination of a ti'agic (Irama. Tli<.' 
 lal>or and responsibility w liich it tliivw upon 
 the attorney-general \\'ej'e of the most arduous 
 chai'acter, and it is sufficient ibi- this pi'cseiit 
 purpxjse to state tiiat when the trial was con- 
 cluded and its <letails wca-e published to the 
 world, the prosecuting otK<-ei' hail won a ]'e])U- 
 tation for aljility and force, as w(dl as for dis- 
 cretion and fairness, whi(di was ivi^tgnized fai' 
 beyond the limits of New iMigland. lie i'ully 
 realized the importance of that trial and what 
 it meant foi' his later pi'ofessional career. lie 
 
 considereil if the crisis of his life, and was in- 
 tensely gratified with the many llatternig evi- 
 dence's received by him upon his success. 
 
 Jn the fall of 1 .sr)2 the Whig party nomi- 
 nated Mr. ('liffo)'d for gox-ei-noi' of the State. 
 He accepted the nomination with I'eluctance 
 and altluuigh he )-ecei\'ed nearly ^r),()()0 more 
 votes than either of the opposing candidates, 
 he was not elected by the [leople. The plui'al- 
 ity system bad not then Ijeen adopteil. ( )n 
 the meeting of the Legislatui'e, howe\'er, he 
 was chosen fiy the votes r)f both branches and 
 \\as inaugurated -lanuary 14, l.So.'b 
 
 (iovernor ('litford discharged the oneirius 
 iluties of the chief magistracy \\'\{\\ great tidid- 
 ity and dignity and it remaineil wholly with 
 liimself to sav whether ln' should remain in 
 
 
 ^■jjg-... 
 
 
 
 K.4^^ ^. 
 
 
 
 
 ►, 
 
 ™ 
 
 ^ 
 
 
 JOHN H. CI.IFI'ORD. 
 
 the ofHce a second tei'm. His unyii'lding in- 
 terest in his pi'ofession impelled him to decline 
 a renomination and upon the election of ( iov. 
 Emery A\'ashburn, his successor, he was at 
 once called to resume bis foi'iiiei' ]>lace as attoi'- 
 ney-geueral. This otlice be continneil to hold 
 one year by a[>pointm(ad, one- year by legisla- 
 tivt' electiiin, and a tbii'd year by the (dioice of 
 the peo[)le. In retii'ing liiuilly b-om this posi- 
 tion in 1858, he did not abandon [irofessional 
 
120 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 lalioi' and \A"as t'rt'(|iK'ntl3' found in the higliest 
 courts of the State and nation engaged in im- 
 portant cases. 
 
 During the Civil war (ioN'ernor (_'litfor<l 
 spared iro effort in uphohling tlie Union cause. 
 He was several times summoned to ^\'aslling- 
 ton for council \\'iili the Caliiuet officers, fn 
 f 8(i"2 he accepted election to the State Senate 
 and was at once chosen its president, enabling 
 him to rendei' conspicuous service to the go^■- 
 ernnient at a critical jjeriod of the war. 
 
 In l.StlT (iovern()r Clifford entei'ed upf)n a 
 course of life that \\'as (hereafter to take him 
 from professional and political paths into the 
 routine of practical business. Assuming charge 
 of the l>oston and ]'ro\'iilence Railroad c(irpo- 
 ration, lie turned his energies to its promotion 
 \\\i\\ his accustomed vigor and sut'cess. lUit 
 his ne^^' duties were not permitted i<> \\ holly 
 divert his attention from the public affairs (if 
 New l>edford, while at the same time his high 
 standing and his broad culture drew him into 
 many associations e-\tending o\'er a wide field. 
 He \\'as a member of the American Academy 
 of Arts and Sciences, and of the Massachusetts 
 Historical Sociely. He renderetl most valuable 
 ser\'iee to Harvard rni\-ersity, ha\'ing been 
 repeatedly elected president of the ISoard of 
 Overseei's. At the inauguration of I'resideiii 
 Walker in f So;; and President Eliot in isdit 
 he delivered addresses that \\i.'ve notable for 
 im[>r(.'ssi\-e elocjueiice and (lee]> thought. bK' 
 reeei\'eil the degree of LL.I). froiri both ]]rown 
 and Har\'ard Universities. 
 
 In the spring of fsy;', (-ioN-ci'iior ( 'lifford was 
 compelled l)y failing health to abandon laboi' 
 and seek recuperation in a warm cdimate. 
 After a period passt'd in Florida, he maile a 
 Euroiiean tour in IST-I. ISefore bis dej^iarturt' 
 he declined appointment as United States .Min- 
 ister to Russia, and to Turkey, offered him by 
 the administration at Washington. He re- 
 mained in b]uro]ie af)Out si.\ months with his 
 family and returned with im[)ro\-ed health. 
 Reaching home in Xo\'eiriber he I'esumed bis 
 labors, l.ait his lifcwork was nearly closed. \ 
 disease of the heart, w hich had \'eai's before 
 
 manifested itself, attacked him moi'e severely, 
 and he died January 2, 187(). Tributes to his 
 character and abilities were paid by mnnerous 
 institutions and societies throughout New 
 England. Charles W. Clifford and Walter 
 Cliffoi'd, both leading members of the Bristol 
 countv bar, are sons of (Jo\-ernor CliftbnL 
 
 FRANCIS ALMON GASKH.L, Worce.ster, 
 associate justice of the Su])ei'ior Court of 
 Massachusetts, is the only son of Albert and 
 Anna S. (('omstock) Caskill and a grandson cd' 
 Col. Lel)beus (Jaskill and Susan De \\\\\, and 
 was liorii in Blackstone, ^\V)rcester county, 
 Mass., January o, I.S4(). In lS(i() he removed 
 with his parents to \\'oonsocket, R. I., \\diere 
 
 FRAKCIS A. GASKILL. 
 
 he was graduated from the high school in l.S(j2. 
 In I,S(J6 he was graduated with honor from 
 Bi-own University and afterward spent some 
 time as private tiitoi' to the sons of a family in 
 Ncw^iort, K. I. He rea<l law with Hon. George 
 E. Abary. of Worcester. Abiss., and at Haivard 
 Law School, and was admitted t(j the bar at 
 W'orcestei-, on the .'id of March, 18(19. He 
 ]:)racticed in copartnei'sbip with "Sir. A'crrv un- 
 til the hitter's death in Lss;',. after which he 
 
BIOGRA PH/CA L.~MA SSA CHUSE T'l'S. 
 
 121 
 
 ^\■as a ])artnei' of ^Ir. Wti'v's stepson, Horace 
 r>. \'errv, till Jaiiuary, IStt."). lie sul)se(jiU'iitly 
 jiraetieed alone until Mareli, is;)."), wlien he 
 was appointed hy (iovernor Greenhalge an as- 
 soeiate justiee of flie Superior Court of Massa- 
 chusetts. 
 
 •Judge Gaskill won distinction at the Worces- 
 ter har, and gaiued a high place hy his ahility 
 and learning. ^Vfter Mr. W'rry's deatli his 
 practice led him largtdy into the field <if 
 corporation hnv through Ins connection as 
 counsel with such important concerns as the 
 'rra\-elers Insurance C<imj)any, tlie Worcester 
 Consolidated Strc^et Railway Company, the 
 Worcester Electric Light Compaii)', the State 
 Mutual Life Assurance Company, etc. He 
 also figured conspicuously in puhlic afi'airs, 
 ser\'ing as a menrber of the Worcester Conunon 
 Council in 1875 and 187(5 and as district at- 
 torney of the Massachusetts Middle district 
 from 18S7 till his appnintnient tn the hentdi. 
 He was first a[)pi.iint<.'(l to act as district attoi'iicv 
 in ISS.':!, during the illness of I'rank T. lilack- 
 nicr, and was chosen to that ottice in l88(i to 
 succeed W. S. B. Hopkins and was twict' r(.'- 
 elected. He displayed in tliis capacity, great 
 ahility, legal a(;umen, and fidelity. His prep- 
 aratioir of cases was always tliorough and com- 
 plete. He e.xhihited good judgment, a hi'oad 
 knr)w ledge of the law. and a rai-e discrimination 
 hetween I'ight and wi-ong. As a lawyei' and 
 puhlic [trosecutor he atdneved a moi'c than 
 local eminence. 
 
 He was a director of the Worcester I'^i'ee 
 Puhlic Lihi-ary from 1878 to 1884 and h'om 
 I88(; to 1881), anil president of the Ijoai'd dur- 
 ing the lattei' year. He has heen a trustee of 
 the \\'orcestei' Acailemy since l87(i, of the 
 People's Savings Bank of Worcester since 1 884, 
 and of Brown I'niversity since 1 888 ; a dircctoi- 
 f)f the Wrircester Natural Histin-y Society since 
 188^! and of the State Mutual Life Assui'ance 
 Company since Januai-y, 1889; and was pi'cs- 
 ident of the Brown Alumni Association of 
 Boston in 1897. 'Jdie degi'ee of LL.D. was 
 confei'i'cil upon him hy Brown L'niversity in 
 1899. As a judge he has officiated with dig- 
 
 nity and iin])ai'tiality. He is a ])uhlic spii'itt'd 
 citizen, heing pi'ominently identilied with some 
 of the leading institutions of his nati\'e State, 
 and as a man is wi<lely res])eeted and esteenuMl. 
 •ludgt' (iaskill was mai'ried, first, in Pro\'- 
 idenee, P. L, Octoher 20, 18(19, to Miss Kath- 
 arine Mortimei' \\'hitaker, daughter of Antlif)ny 
 P>. A. and Aim (Dean) Wdntaker. She died 
 .Jannar\' 'Jo, 1889, lea\'ing t w o childi'cn : Maiw 
 M. and ( ieorge A. He married, si'cond, -July 
 VI, 1892, Miss .hisephine L., daughter ijf.Ioseph 
 Ingalls and Phf)ehe (Lov(joy) Ahhott,(jf Provi- 
 dence, P. I. 
 
 /"^MAPLES Sl'MNEP LILLEY, Lowell, 
 
 V > associate justice of the Supei'ior ( 'ourt of 
 
 Massachusetts, is the eldest of three sons of 
 Charlesand ('\-nthia (Huntley) Lilley, and was 
 
 CHARLES S. I.Il.l.KV. 
 
 hoi'ii in Lowell, Mass., l»ecemher \'.\, 18.")1. 
 William Lille\', his gr.indf ither. came ii'om 
 ()ldliam, l']ngland, in LSI 7, and setlkMl in 
 Ando\'er, Mass., wdiere he and Ahraham )ilai- 
 land owned a laig'c cotton and woolen mill. 
 Latei' he remo\'ed to Tamwoilh. X. 11.. and 
 again engageil in cotton and woohai man- 
 ufacturing until his dcMlli. t'liai'les Lilley 
 
122 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 was l»oni ill Taiuwortli in -111111-', l<S:^(t, nidved 
 to Lowell, Mass., nhout \M2, and spent liis 
 active life as a cotton inanufacturev. lie still 
 resides in that city. Ahont 1<S()« he started 
 at Oakland, (!al., the first cotton mill on the 
 I'acilic coast. 
 
 •Iiid^c Lilley attended the pulilic .schools of 
 Lowell and received a good classical education 
 under [irivate tutors preparatory to entering 
 college. He turned his energies to the law, 
 however, studying in the office of Arthur 1'. 
 Bonney, and was admitted to the Middlesex 
 Itar in .June, 1.S77. He then hegan tlie active 
 practice of his profession in his native city and 
 rapidly gained rcccignitii)n as an ahle and 
 hrilliant lawyer. His (dientage was principally 
 among local manufacturing, street rail^'ay, 
 anil kindred corjiorations, and his husiness in- 
 cluded a nuiiihcr of important cases against 
 the city of Lowcdl for the ahatement of taxes. 
 This hrought him into the courts almost ex- 
 clusively. He achieved prominence as a trial 
 lawver, and for several years he was one of the 
 leading iiiemhers of the MidiUesex har. From 
 iSSi; to ISSS he also maintained an office in 
 Boston, having as his partner there ( i. A. A. 
 Pevey, now city solicitor of Cauihridge. On 
 NoN'ciiihcr "J9, 1 Sit;!,r;ovcrnor Itussell ap])ointc(l 
 him ;iii associnlc justice of the Superior (Vmrt 
 of ^lassai'husctts, wdiich position he lias since 
 filled with aliilit\", dignity, ;iiid honor. 
 
 In politics .fudge Lilley is a consistent r)eiii- 
 ocrat. He was a meinher of the Board of 
 Aldei-men of Lowell in 1S79 and of the State 
 Senate in IS.SO and Lssl. Li the latter hody 
 he was a mciiiher of variiais iiiiportaiit com- 
 mittees, including the judiciary committee and 
 the coniniittee on pi-ohate and chancery, and 
 in Is.sf was (diairman of the ji")int special com- 
 mittee appointed tore\'ise the laws relating to 
 marriage and di\-orce, and a memher of the 
 committee on the re\'ision (_)f the statutes. In 
 LS.S4 he was a memher of the ( JoN'ernor's Coun- 
 cil. He was again State senator in LSSli and 
 ser\'ed as chairman of the committei.' on rules 
 and a memhei' of the judiciary committee, the 
 committee on street railwavs, and the commit- 
 
 tee on revision of the judicial sy.'-tlem. As a 
 legislator he de\-idoped unusual ahility, and 
 won universal respect and confidence. He is 
 a, good cor]ioration lawyer, a puhlic spirited 
 citizen, and an honest, impartial jurist. He is 
 a memher of Killwinning Lodge, F. & A. M., 
 an<l prominently ideiitihed with the host in- 
 terests of his nati\'e city. 
 
 Li April, ls;»L -liidge Lilley married Miss 
 Clai-a Bonney, daughter of the late Arthur P. 
 Bonney, of Lowell, Mass. She died in July, 
 1804, leaving one daughter, Olara 15onney 
 Lillev. 
 
 ELLSHA BCRi; MA YXAKD, Siu'ingfield, 
 a justice of the Superior Court of Ma.s.sa- 
 chusetts, is the sou of Walter and Idannali 
 (P)urr) Maviiard, and was horn in Willn'aham, 
 
 KLISIIA 11. MAYNARD. 
 
 Mass., Novemher "21, LS4-J. He atttaided the 
 jiuhlic sidiools of his nati\'e town until ls.5(i, 
 when he went to S})ringfield and was suhse- 
 (piently graduated from the high school there, 
 studying ( ireek and Latin umler Hon. Marcus 
 P. Knowlton. In Lsi;;! he entered Dartmouth 
 (.'ollege, from wdiich hi' was grailuated witli 
 honors in 1S(17, ha\'ing spent the junior year 
 
BIOGRAPHICAL.— MA SS. I CHi'SE TTS. 
 
 123 
 
 ;i( AmlKTst. Much of liis student lire was 
 \-arieil liy teaching, and during one winter he 
 tauglit l)Otli a day and an t'vening sehool in 
 Springfield, hesides j^t'epiiig up his elassieal 
 woik. On leaxdng (.'olk'ge \w entered tin' \'A\\ 
 office of (ieorge M. Sti'anis and Ahiieus 1*. 
 Knowlton, of Springhehl, tlien one of tlie 
 strongest hiw lirms in western ^Nlassaehusetts, 
 and was a(hnitt(.'d to the liar in l,S(;s. Wdiile 
 pursuirig liis legal studies j\lr. ?i[ayna)-d was a 
 member of Co. 15, i^d Uegt. ]\h(ss. Militia, in 
 ^\ hicli he ser\ed three years. After his ailniis- 
 sion to practice he spent one year in tra\'eling 
 through the South and West, and while in 
 Kansas, early in lS(i9, he joined an engineer- 
 ing corps engaged on the [)i-eliniinary sui'\-ey8 
 for the Atchison, Topeka and Santa l''e Rail- 
 road south of Emporium. Itetuiiiing to 
 Springfield in ISIU) he hegan the acti\'e prac- 
 tice of his profession and in 1S7(I fornie(l a co- 
 [lartuership ^\■ith Hon. W'illiain L. Smith, then 
 mayor, wdiich continued three years. After- 
 wanl he [iracticed aloin' until ahout l.S.s.l, 
 when he became the senior member of the law 
 firm of Ma>'nard tV' Spellman. \\\ -lune, ISDl, 
 (tOX'ernor llussell appfjinted him justice of the 
 Su]ierior ( 'ourt of [Massachusetts. 
 
 Judge Maynard actiie\ed a wide reputation 
 as an alile, honest aird ui)iight lawytM' and ad- 
 vocate. In the general practice of his pi-ofes- 
 sion he aciprired a large business, and rapiilly 
 rose to a jironnnent ])lace at the bai-. A.s a 
 Democrat, he became an infiuential factoi' in 
 politics and was soon called upon to sei-\'e his 
 ado})ted city in official capacities, lie was a 
 member of the SpringlieUl '.'ity ('ouncil in 
 1<S7:2 and 1S7-'!, and was also a mcmbi'r at 
 large of the School ('oiumittee fi'<Jiii Is!):^ to 
 l.S9!S. In 1S79 he was a i-e|)resentati\-e to the 
 (leneral Court, and niayoi' of Sjiringlield in 
 1,S,S7 and 1S,S,S. In these capacities he ser\'ed 
 with great credit and with public satisfaction. 
 In 1889 and 1X90 he was a candidate on the 
 Democratic ticket headed by ( ;o\'ei'noi' Kussell, 
 frir the office of aftorney-genei'al of .Massachu- 
 sett.s. 
 
 As a lawyer, jurist and citizen -ludge May- 
 
 nard is highly esteemed, not alon(> for his lofty 
 sense of honoi' and public spirit, but also for 
 his ability, integiity, and geniality, lie has 
 always manifested a deep interest in the wel- 
 fai'c of his cit)' and State, and has ne\'e]" hesi- 
 tated in lending e\'ery good movemeid his 
 hearty support. He was one of the foundeis 
 and a trustee of the Spiiiiglield Iiidustiial 
 and 'reclinological Institute, is a trustee of the 
 Spiinglield Hospital and of the Old Men's 
 Home, and vii/e-presideid. of the l)artuioulh 
 Alumni Association of (.'entral Massachusetts; 
 is a Knight 'reniplar and niemfier of the ^\'in- 
 thi'op ('lull and tln' Cniversity ( 'luh of liosfon. 
 On the 'l')\\\ of August, 1S7(), Judge May- 
 nai'd married Miss K'ate ( 'arroll Doty, daugh- 
 ter of ( 'ah'in and Sarali (Townshend) Doty, of 
 Springfield, I'a., wdio died April 4, liS,s9. 
 ddieii- children were Robei't Doty Maynard, 
 Ijorn June ;>, 1^71, wdio was gi-aduated fi-om 
 Dartmouth ('ollege in 1S9.'), and frrnu the 
 Thayer School of Civil Engineering in 1x9"); 
 Isabel Frances, born Sejifemhei' 'l'\, 187"2, died 
 September 1^7, bS,S7 ; Elisha ISurr, jr., born May 
 27, lS7o, died October 11, l.S7r); IJufh, born 
 -\ugust Is, l.S7(); .Fosephine, lM)rn ^lai'ch '!'), 
 lS7S, died A[ii'il o, 1<S7.S: I'aul, born Xo\-eni- 
 bei' 1, 1.S79, died September -i:!, bs.sfj, and 
 William Doty Maynard, boi'u March IS, 1SS9. 
 On .fuly 19, 1S9;!, Judge Maynard married, 
 second, Luella I'^liza Fay, daughter of Marcus 
 and I'^liza Fay, of Warren, Mass. Slie had 
 long been super\'isor of di'a wing in the Spring- 
 lield public schools, and had gaini'd a widci 
 reputation as an able and conscieidious teacher. 
 The oSth Annual Rejiort of the Hoard of Ivlu- 
 cation of [Massachusetts for lS9r) savs: ".Miss 
 I'^ay, so long identified with the educational 
 mox'cment in Spiingfield, and so widely known 
 as a successhil ai-| teacher, is now Mrs. May- 
 nai'd. I'l'obahly no one pei'son in Massachu- 
 setts during the past ten yeai's has had a 
 greater ijiHuence for good in tlie ti'aining of 
 (diildi'cn by means of di'awiiig in the public 
 .schools." 
 
124 
 
 THE JUDICIARY AND THE BAR OE NEW ENGIAND. 
 
 HOSKA AroltRILL KXOWI/roX, New- 
 Bedford, attoniev-general of Massachu- 
 setts, is descended from ('apt. William Knowl- 
 toii, who sailed fioiii London for Nova .Seotia 
 ill l(i.'!"i-:54, hut died oi route, his widow and 
 three sons, John, William, and Thomas, eon- 
 tinuiu^- the voyage to their destination and 
 finally settling in Ipswich, Mass. Hosea's 
 iminediate ancestor, William, served in King 
 Philip's war. Ilis father. Rev. Isaac Case 
 
 HOSEA M. K.NOWLTON. 
 
 Knowlton, I), i)., Ijurn at Liljerty, Me., Sep- 
 temher (i, lsl9, w-a.- a self-educated man, an<l 
 spent lifty years in the ministiy. dving at West 
 Acton, Mass., Marcli 2:5, 1S94. As a ch'rgy- 
 mau of the Uni viT.salist denomination he 
 achieved great distinction tln'oughout New 
 Englaud, an<l in 1889 received the degree of 
 I). I), from Tufts College. Besides mimcrous 
 puhlished ai'tich_'S in magazines and news- 
 pajiers he was the author of a "Historv of 
 Calais, Maine," Isy:;, and"Thii.ugh theSha<l- 
 ows," 1885. His wife, Mary Smith Welling- 
 ton, was a <lescciidant of Kenelm Winslow, 
 lirother of (iov. Ivlward \\'insl()w, and also of 
 Rev. Idiomas Smith, fii'st pastor of the first 
 church ill Portland, Me. 
 
 Hosea M. Knowllon, eldest son of Rev. 
 
 Isaac ( 'ase Knowdton, I). I)., and Mary Smith 
 ^\'ellington, was horn in the town of Durham, 
 Androscoggin cf)unty. Me., May 20, 1847. 
 His hoyhood, in conseipience of liis father's 
 itinerancy, was passed in I)urham, Auhurn, 
 Hampilen, and < )liltown, ]Me., in Keene, N. H., 
 and in South Boston and New Bedford, Mass., 
 and as a result his early education was received 
 in the dittei-ent preparatory schools, in the 
 Bangor and Keene high scliools, and at Powers 
 Institute at Bernanlston, Mas.s. He entered 
 Tufts (College, from wdiich he was graduated 
 with honors in 18()7, recei\dng tlie Goddai'd 
 prize for the Ijest Latin prose translation and 
 for the l)est examination in mathematics. 
 He was the (dass historian, and salutatorian 
 at commencement, and, as was then custom- 
 ary, delivered an oration in Latin. Mr. Knowl- 
 ton was a very close student, a character- 
 istic that lias mar]<e(l liis entire life, vet he 
 was not unmindful of other interests which 
 dcN'elop and strengthen the physical side of 
 man. He was a lo\er of all forms of outdoor 
 si)Ort, and was a member of the collegi.^ liasehall 
 nine and also of the Theta Boat Cjuh. He 
 belongs to the Delta Theta Clii fraternity and 
 was elected to Phi Beta Ka[)}ia in 189:3. 
 
 After graduating he taught school two years, 
 and then turned his attention to the law, for 
 which he was ani]ily equiii]ied, liotli bv nature 
 and preparatory study. He pui'sued his legal 
 stuilies in the office of Hon. Ivlward L. Barney, 
 of New Bedford, and at the Harvard Law- 
 School, w-liere he spent one year, and w-as ad- 
 mitted to the liar of Massachu.setts in .June, 
 1870. He began practice in Boston, l)Ut in 
 1871 removed to and opene(l an otHci/ in New- 
 Beilford, wliere he has since resiiled. From 
 lcS72 to 1879 he was a buv partner of Mr. 
 Bainey. 
 
 Ml'. KiK)wlton soon \\-oii [)rominence at the 
 bar and gained a large clientage. His ability, 
 learning, ami high personal characteri.sties 
 made him a ]iower in the profession wliich he 
 honored, and lie was soon called into official 
 action. In 1872 he w-as api>ointed registrar in 
 bankruptcy for the First congressional district 
 
B I OCR A PIIICAL.—MASS. I CHUSli TTS. 
 
 125 
 
 cif Massacliusrtts and eoiitiiuuMl to hold tluit 
 office until it was aliolislu'(| six years later. 
 In 1S74 he was elected a ineiuher of the New 
 Bedford Seliuol I'onnnittee, and ser\'ed four 
 yt'ars, and in 1.S77 he was eity solicitor, lie 
 was a nieniher of the Massachusetts House of 
 Representatives in lS7(J-77 and of the State 
 Senate in 1S7.S-79, and in Fehruary, 1S7!), he 
 was a[ipointe(l district attorney for the South- 
 ern district of the State, irnduding the counties 
 of Barnstahle, Bristol, Duke.s, and Nantucket, 
 wdiich jiosition he held, by fi\'e re-(.dections, 
 f(ir a period of fifteen years. In ls;i.'! he was 
 electeil atturney-general of Massachusetts, and 
 hy sui-cessi\x' re-elections has since c<intiiuied 
 to discharge the arduous and exacting duties 
 of that office with an ahility w liicli has attract- 
 ed attention without as \\ell as within the 
 (.'orrnui">nwealth. 
 
 As the chief prdsecutiuij; law officer in the 
 State he has \\-on a hinh reputation. His con- 
 duct of the celelirated Borden murder ti'iai 
 Ijrought him into national promnience. His 
 artrument was remarkable not oidv foi- its keen 
 analysis of the e\-idence, Imt foi' its ^reat clear- 
 ness in the statement of delicate leyal points, his 
 distinction between direct and <arcumstantial 
 evidence being especially noteworthy. He has 
 never hesitated in expressing bis cmndciions, 
 regardless of popular sympatli\', and bis opin- 
 ions have always been bold, straightforward, 
 and to tlie point. As a publi(; S])eaker he is 
 popular and in constant demand. He has 
 been treasurer of the f'irst l'ni\-ersalisl Society 
 of New Bedford since 1S74 and sui)eiintendent 
 of its Sunilay school since 1.S7."). 
 
 On May 'I'l, l.S7-">, be was married lo 3iliss 
 Svlvia Bassett Alniy, of New IJedford, and 
 their children ai'c .lohn Wellington, Abby 
 Almv, Frank Warren, Edwai'd Allen, Hcden 
 Soiihia, Syhda Prescotl, and Henjamin AIniy. 
 
 ate justit'e of the Supei'ior ( 'ourt, was the son of 
 Deacon William and I'^lizaljclh (Dennis) Keed, 
 and was born Xo\'embei' j!;i, Isi^.';, in 'J'aunton, 
 Bristol county, .Mass., w here he ifcei\-eil his pub- 
 lic school education. He was litted for cctllege 
 at Bristol Academy under that faithful teacher, 
 Frederic (.'rafts, and in 1S41 entered Brown 
 rni\-ersity, where he spent about a year, and 
 which afterwai'd confci'i'cd u[)on him the hon- 
 oraiy degree of A. .M. In 1S42 he removed 
 to (iai'diner, Mt-., and there ifad law with 
 
 CHESTER I. KEED. 
 
 /^HESTEi; ISHAM BFFD. A. M., Taun- 
 V_x' ton, Dedliam, and Boston, State senatoi-, 
 attornev-general of Massachu.setts, and associ- 
 
 ])a\id Batcbeller, liut in I.S4(i, soon after his 
 admission to the Maine bai', he returned to 
 Taunton, which was the scene of a large part 
 of bis professional lab(.)rs. He early formed a 
 }>artnership with Anselm Bassett, the register 
 (jf jirobate, with whom he practiced for several 
 years, or until Mi-. Bassett's death. As a j)as- 
 time he also peiformed editorial duties on the 
 ( )ld ( 'olony Repulilican foi- a little o\-er one 
 year. 
 
 He not only t(.)ok a leading position at. the 
 Bristol bar, l)Ut soon came into pi'ominence as 
 a jiublic oHicei', and .almost (.instantly held 
 some important trust. He was juilge of the 
 tii'st I'olice ('ourt estabiisluMl in d'aunton, rep- 
 
126 
 
 THE fUDICIARY AND THE BAR OE NEW ENGLANE). 
 
 resented liis town in the Massaeliu.setts Jje,i;is- 
 lature in 1S49, and ser\-ed as State senator in 
 lsr)9. Mr. Iteed's I'eeogiu/.ed nati\'e aliility 
 and excellent judgment litted liini for these 
 positions and for others which were to follow. 
 In the autunni of 1S(J4 he was noniinated 
 by the Republicans and elected attorney-gen- 
 eral of the ( V)uniion\\ ealth and continued in 
 that ofHce liy annual re-elections until .April, 
 1867, when he resigned to accejit, at the hands 
 of Go\'ernor Bullock, the ai)pointirient of asso- 
 ciate justice of the Afassachusetts Superior 
 Court. He resigned his st'at on the bench in 
 August, ISTI, and thereafter was engagccl in 
 tlie at'ti\'e [)ractice of law in Boston, as a part- 
 ner of .Jr)hn K. Bullard, until his death, which 
 occurred on ^^onday, September 1^, IST.'S, at 
 \\"hite Sulphur Spiings, W. \\\., wduthei- he 
 had gf)ne for his health. 
 
 Judge Reed was held in great esteem as an 
 adviser and judicious counselor, and always 
 acquitted himself witli ability and honor. 
 Perhaps the Ijest estimate of his cliaracter is 
 contained in the following euliigy, which ap- 
 peared in the Boston Haily Ad\-ertiser: 
 
 "As a lawyer he was (juick in his a[)prehen- 
 sionand ap[ireciation of legal [H'incijiles ; easilv 
 rising to broad general views: sound in pi-ac- 
 tical judgment : a])t in illustration and (dear 
 and forcible in statement; eminently fair to- 
 ward opponents; and popular, effective, and 
 successful in liis management of causes, both 
 befiire jurii's and courts. Xc} man had a clearer 
 sense of iluty than he. He i[lusti'ate(l and 
 illununated th(' pei'formancc of all his duties 
 )jy a single-minded and unswer\'ing de\'otion 
 to what seemeil to him right; giving to all a 
 noble example of iiiHexihle intcgritv and the 
 truest moral couragt'. \\'ith all this, in his 
 feelings, crmduct, and conversati<in, he was 
 hahitualiy as pure and gentle as a child. In 
 bis ow"n family his jjresence was peipidual 
 sunshine. In bis pei's(.jnal friendships he was 
 warm, disinterested, generfius. and, if need he, 
 heroic; few men ha\'e moi'c or warmer friiaids 
 than he had. Indeed, in Bristol countv. 
 ^\dlere he lix'cd until his ek'\-ation to the 
 
 bench, and where he was most generously 
 known, his personal populai'ity seemed to in- 
 clude tin- whole coirnnunity." 
 
 In the words of a resolution adopted by the 
 Bristol county bar .ludge Reed " was a learned 
 and [)ure magistrate, an upi'ight and efficient 
 public ofKcer, a wise and discreet counselor, a 
 patriotic and enliglitened citizen, a sincere and 
 faithful fi'iend, a just and honest man, wdio 
 had earned the honor, respect, and affection of 
 his professional brethren, and of all those 
 among whom be spent his genial and t'arnest 
 life, and wdiose early departure is a great pub- 
 lic loss." 
 
 He possessed a genial sympathy and an ex- 
 uberant humor. He had a full and philo- 
 sophic understanding of legal principles and 
 a (dear \'iew of the whole field of jui'ispru- 
 dence, and in the ti'ial of causes he bad ample 
 powers of analysis and a faculty as well as a 
 dis})Osition to perceive the vital points at issue. 
 He always delighted to come to tln' real 
 mei'its of the law and the facts. In address- 
 ing a jin-y he lunl a rare ability which was 
 illustrated and reinforced l>y the charming 
 simplicity of his manner and the geinal humor 
 of his speech ; and in bis ai-guments to the 
 court upon (juestions of law In- was conspicu- 
 ous for his sua\-e directness and absence of dis- 
 play. As attorney-geiK.'ral he re])resented and 
 guided the \-ai-ied and important interests of 
 the (Ajuimonwealth with ability, lidelitv, and 
 success, and enlaig'e(l and magnified the repu- 
 tation wdiich he had achie\-ed in |irivate pi'ac- 
 tice. As a judge he was patient, faitldul, com- 
 petent, and fearless, and if e\-er be was harsh 
 it was with a maidiness Ijorn of maidv integ- 
 rity that regarded an attempted iiijui'\' to an- 
 (ither almost as a personal afli'ont. As a man 
 he was frank, sincere, and progressi\-e, possess- 
 nig ipialities of heail and heart w hicb made 
 him worthy of all I'cgard. He I'cceived b'om 
 ISiown ['ni\ersity the honorarv degree of 
 LL.I). 
 
 In ls(i7 .fudge Reeil remo\-ed his residence 
 from Tauidon to l)edham. Mass.. and there he 
 li\-e(l during the remainder of bis life. He 
 
BIOGRA Pf/ICA L.—M. ISS. I CHI 'SE ITS. 
 
 127 
 
 was married Ki-hruarv '24, 1 sr)4, to Miss I'^liza- 
 lii'tli Y. Allyii, of Nt'w Hcdt'oi'd, IJristol county. 
 He was also surxivt'd liy a son, ('liestei' Allyii 
 Reed, now a lawyer in lioston, and a dan^litri-, 
 S\-|>il, who dii'd in l.SSo. 
 
 HKXRY ('IIAriX.— it liasheen pul.licly 
 stated that Worcestci' county lias l)een 
 sin^^uhrrly fortunate in st'curing for jud,L;es of 
 the Prohate Court men in every way eminently 
 fitted for the olfiee. Prominent amontj; them 
 was Henry ('liapin, wlio was horn in Tptun, 
 ]Mass., in Isll. The tasl< of supportini^ iiim- 
 self fell upon him \\'hile (piite young and for 
 some months after he was fourteen years old 
 lie worked at a trade. While liis op]}ortunities 
 in early life for ohtaiinng an education were 
 limited, his amhition o\-ercame his surround- 
 ing ilifticulties and he succeeded in litting for 
 college and was graduated from lirown I'ln- 
 \-ersity in is:!."). Altera period of teaching 
 in his native X'illage hchegan the stud\' of law 
 with Emory W'ashhurn ami continued in the 
 (Aunhridge Law School. 
 
 Upon his admissiiin hi the liar he liegan 
 practice in I'.xliriilge. where he remained until 
 hi.s remo\-al to Worcester in ls4(i to hee()me a 
 partnei' with lU'joice N(.'wton. Mr. (diapin's 
 sulistantial succe.ss as a lawyei' was hased 
 largely ujion the kindly inlnrmality in his 
 manner, courtesy of address, and judi^nient iif 
 human nature, all of whi(d) enahled him to 
 e.xercise a jxiwerful influence u[ionjuries. The 
 e.xacting duties nf pi'oluile judge wei-e per- 
 formed hy him with caie and patienci' that 
 seemed ine.vhaustihie, and he succeeded in 
 making e\'ei'y one wdio came otHcially h<4iire 
 him feel that a counselor ami friend was lound. 
 During the la.st six months of Ins life he was 
 unalile to attend coui't, hut he coui'ageously 
 continued his lahor at his home u}i to the day 
 of his death in PST.S. 
 
 ^^r. C'ha])iii was an early memhei' of lln' 
 Free Soil party, and his \'oi(;e was often heanl 
 during the aidi-slavery agitation. He repre- 
 sented U.xhridge one yeai- in the (ieneral ('ourt, 
 
 and in Is.!;! was its delegate to the Constitu- 
 tional ( 'on\'ention. lie was a puhlic s])irited 
 cili/.(ai and acti\'e in all gnod wui'ks. in the 
 ollii-e of mayor of W'oi'ceslei', in |S49-.')(I, he 
 demoustrate(l his possession of good exc(adi\'e 
 ahility and an eai-nest d(.ssire to consei'X'c the 
 puhlic interests. In ISTO, wdien this ollice 
 was made va<'aid hy the death olAMayo]' ISlake, 
 he was prcN'ailed upon to aga,in acce]it lln' 
 
 HKNMvY CHAl'IN. 
 
 position. Nominateil foi' ( 'oiigress liy the Ke- 
 pulilicans in hS-Ki, he <leelined the honor, pre- 
 ferring his home life and his prnfessional lahoi'. 
 lie possesseil I'ai'c liusiness i|ualitieations and 
 made [H'oHtahle in\'estnuails with unusual 
 sagacity. 
 
 .Ml-. ( diajiin's religidus c(in\'ict inns, thdugh 
 siddom displayed tn other than his intimate 
 fi'iiMiils, were deep and sincere, and he giai- 
 ei'ously supjioi'led the (diui'cdi and her kindre(l 
 interests. 
 
 ALEXAXDI'd; lIAMIi/roX \\V\,- 
 L< )( d\. — .\ mong the distinguished sons 
 of \\'orcest(a- county, .Mass., and .a jiroiniiient 
 UKaiihei' (it the State hai' was A h'.xamlei' II. 
 iiullock, wdin was li(irn in the town of PoN'als- 
 
128 
 
 THE jrniCIARY AND THE BAR OF NEW ENGLAND. 
 
 ton, March 2, l.sUi. He was a son of Ilufus 
 and Sarali (I)avis) Hullock, who ua\r him o]i- 
 })ortuuity ioolitaina liheral (-(hication. After 
 ttie usual perioil in niiiioi- schools he entered 
 Arnhei'st (.'ollej^e, frriui which he was ,ii;rad- 
 uated in l!S;Uj. Dui-ini; the three years follow- 
 ing he taught school in I'rincetoi], X. J. Re- 
 turning to ^\'orcester, Mass.. he studied law in 
 the ottice of EmoiT W'aslihurn and in the Dane 
 Law School at C'andjridge, and was adirntted 
 to the har in 1^41. lie hegan the practice of 
 
 j^'r- 
 
 AI.KXANIjKK H liLIJOCK 
 
 Ids jii-rifession in W'oi-cester. winch cit\- wa- 
 thei'CaftHr \\\> hiiiiii-. 
 
 Mr. liullock [lOssessed all iiatui'al (|U;difica- 
 tions for a successful |iul>lic life. Tln' eli'iuents 
 of popularity found hirge exprc-s-ion in his 
 tenipcralnciit. hi- wa- a hriii and gem-rou- 
 friend, and he had a natui-al iasle for the 
 activities of the politii-al field. In l>^4-'j.at the 
 age of twenty-nine xi-av-. Ik- wa,- a I'epre-ent- 
 ative of W'orc-estei' in the General ''oui't. and 
 aeain in 1.^47 and l.s4s. In Lsdl) la- wa- 
 electeil to the State Senate, and hom l.s.y; to 
 1<S.")(; he -ei'N'ed as ci">inniissioner of in-ol\'eni;y. 
 From Is.j'l to ls,")S he was judge of in-o|\-eney 
 and in l.^ol' wa- elected mayor ot \Voi'C(.--te]' 
 citv on a citizen-' ticket, defeating the- ix'gulai' 
 Kepuhlican candidate. Asa legislator he took 
 
 an active jiart in the promotion of measure.s 
 whi(di he helieved were for the good of the 
 liuhlic, and in his ca])acity of mayor he dem- 
 onstrated his capacity for e.xecutive duties, his 
 excellent judgmeitt in municiital affairs and 
 his possession of the persfjiial attrihutes that 
 won the confidence and friendship of his fellow 
 citizens. 
 
 Fi-om 1«48 to IS.'jO Ml-. Bullock edit(-d tla- 
 Worcester .Egis, sti-engthening the hold of the 
 papei- ujion the good-will of the comnuunty. 
 In 1.S.12 he was chosen one of the trustees 
 of Amherst College. Fi-om ISiil to \W'>, 
 during the trying \\ar [)c-riod. he was again a 
 meniher of the House of l;epresentati\-es. ;ind 
 six-aker during the last four years. His sup- 
 prirt of the gri\'ernment in its struggle for tli(.' 
 }ireser\'ation of the Union was unwa\'ering. 
 In l.s()(i he was elected gri\-ernor of the Coni- 
 rjionw-ealih ami added to his alreaily extendi-d 
 fame hy a wise and judicious aihijinisti-ation 
 of that hi-h office until lS(;«. 
 
 (;o\'ei-nor Hnllock was niaiiy y(-ars a meni- 
 her of the Mas-achusi-tts Historical Society, 
 and recei\ed thei|(_'gi-ee of LL.H. fi-om IIai-\-ai-d 
 Colh.'ge. lie was a meniher of many other 
 oriianizations at difterc-nl periods and s(_'i-\(-il 
 foi- a time as rec-ording seci-etary of the Amer- 
 ican Antiquarian Socic-ty. He wasan eloquent 
 and forcihle speaker and was frequently called 
 to address assemblies on a wide \-ariety of suh- 
 jec-ts. He deli\"ered an eloquent histoi'ical ai|- 
 di-ess at the celeliration of the one hundredth 
 anni\"ei-sary of the iiK/orporation of hi- nati\-e 
 town, and liis eulogy of I'r<-sident Idni-oln de- 
 liverc-dat \\'oi-i.-ester in Isiio i- i-enii-mlie)'e(l ; 
 n- is also, his mc-morahle aildress at the tin- 
 veiling of th(- statue of 111.- namesaki-. Ah-x- 
 aiidcr Hamilton, in New York. 
 
 'iox'ernor liullock died suddenly on -lanuary 
 17. is.s-j. 
 
 HVMWVAl'Y I'AlMvEU. Worcester, a.s.sist- 
 ant disti'ict attoi-in-y and district attor- 
 ney for tlie Middle distric-t of Massachusett.s 
 from .January, l.ssii, to .January, fxliH), is the 
 
BIO GRA PHICA L—NL 1 SSA CH USE T TS. 
 
 129 
 
 son of (Teurgi' Alnnson Parker iiiid llarrit'l X. 
 Fflton, and \\as liorii in ( 'liarlcstown, now a 
 part of tlu' city of Boston, Mass., >raruli .;, 
 l.s.")(). His father \vas a prominent ei\'il engi- 
 neer, anil (lurin,^- the hitter years of his life 
 was engaged in huihling railroads in Pennsyl- 
 vania, Delawart", .Nhu'vland, \'irginia, and the 
 A\'est. riis mother was the daugliter of ('()i- 
 nelius (.'on way l'\'lton, sr., of Xewhury, Mass., 
 anda sister of Cornelius Conway l'\dton, LL.D., 
 president of Harvard College from Fehrnary 
 It), lS(]n, until his death l^>l)ruary 'l^U F'^H^- 
 His [)aternal grandfaiher was Joseph Parker, 
 of Coneonl. X. H., and later c)f [^aneaster. 
 
 :\rass. 
 
 Mr. I'arker is descended on hoth sides from 
 early Xew pjiiglaml aneestoi's, many of \\'liom 
 won distinetioii in professional, military, and 
 eivil life. He inheritetl strong mental (piali- 
 ties. ^\dlen he was \"ery yinnig his pareids 
 moved from ( 'harlestown to Lancaster, Worces- 
 ter county, w hich has since heeii the family 
 home, and wdiere he spent a part of his hoy- 
 hood. His eilucation was acquiri <l ni priwiti.' 
 schools in Philadelphia, Pa., undei pri\-a1e 
 tutors at ('amhridge, ^lass., and at Harvard 
 College, \\dn(di he entered with the cdass of 
 Isys. Thi're he was a mendter of the Insti- 
 tute of 1771) and of the Hasty Pudding Cluh, 
 and as a scholar enjoyed a high standing. Ill 
 health, howe\-cr, compcdied him to lea\'e i-ol- 
 lege in his seiuoi' year, and upon reco\'eriiig 
 he turned his attcjition to the study of law, 
 entering the office of Hon. ( leoi'ge V. Hoar and 
 the late Juilgi' Thomas P. Xelsou, then asso- 
 ciates, but not partners, in \\'orcester. Short- 
 ly after\\-ard he matriculated at the Har\-ai'd 
 Law School, hut instead of entering that insti- 
 tution went ahroad and spent a year in Kuro- 
 peau travel, princi[ially foi' the henetit of his 
 health. <.)n returning home he conipleted his 
 legal .studies with Mr. Hoar and in ls,s;! was 
 admitted to the Worcester county Par. He 
 then s])ent one season in Washiiigtfni as pri- 
 \'ate secretai'V to Senator Hoai' and as (derk of 
 the senaliirial committee on pi-i\'ileges and 
 elections. 
 
 In 1S,S4 Mr. Paiker ojieiicil a law odice in 
 \\^>rcester and entered upon the active practice 
 of his profession; hut so(.)n afterwanl he re- 
 moved his office (o ('linton, Woi'cestei' c(.iunty, 
 wdiere he forrruMl in PSSo a copartnei'ship with 
 Hon. .John W. ( 'orcoi'an, suhseijuently an asso- 
 idate justice of the Supei'ior ('ourt ami now a 
 leading meinher of (he ISoston Iiai'. The (irm 
 of ( 'oi-coi-an tt Pai'ker eontirnied for ahout six 
 yeai's and achie\-ed an eminent re[iutation. In 
 1S91 .ludge ('orcoran mo\'ed to ISoston, and in 
 1.S9'.:!, after the death of Jlon. Ilarixs C. Ilart- 
 W(dl, Mr. Parkci' hecame a memherof the well 
 known hrni of Xoi'cross, ]]akei' it Parkei', of 
 Pitchhurg. of w hi(di the late Hon. Amasa Xoi'- 
 cross was the senior pai'tncr. Ill health again 
 caused him moi'c or less troulile, and linalh' in 
 
 HERhKKT PAKKKK. 
 
 •January,. PS94, lia\dng witlidrawn fi'om the 
 Pitchhurg cojiai'fuershi]) and pai'tially recov- 
 ered his strength, he ojiened an ollice in 
 Worcester, wdicre he has since practiced his 
 profession. 
 
 Mr. Parker not only hnilt up and conducted 
 ill both ('liidon and Pitchhurg a lai-ge and 
 successful law business, but also filled positions 
 of great responsibility. In Pss(i Prancis A. 
 ( laskill, then district att(jrne\- for the Middle 
 
130 
 
 THE lUDICIARY AND THE BAR OF NEW ENGEAND. 
 
 district of Massacliusetts, iip})()inte(l liini liis as- 
 sistant, and lie continued to disci iar}j;e the du- 
 ties of that oHice with incrcasini;; ability and 
 satisfaction until Mr. (jaskill was made an as- 
 sociate justice of the Superior Court in 189"), 
 when (iovernoi' (ireenhal,tj,e appointed him dis- 
 trict attorney to fill the unexpired term. Mr. 
 Parker was elected in the following autumn 
 for a full term of three years and served as 
 district attorney for the Middle district until 
 January 1, 1899, declining a re-election. He 
 was an able, vigilant, and successful jtrosecut- 
 ing oHicer and won a high reputation. A 
 large numlier of important cases came before 
 him, including tlie Clark Hatch forgery case, 
 the Lilla Iloyle uiurder case, etc., and in all 
 of them he displayed consunnnate skill and 
 ability, excellent judgment, and untiring in- 
 dustry. He developed into and is now recog- 
 nized as one of tlie l)est trial lawyers i]i tlie 
 Commonwealth. His private practice as well 
 as his ofhcial work has been almost exclusively 
 in the trial of causes, in which he won emi- 
 nent success. Nevertheless he is a safe coun- 
 selor. For a numljer of years he was a special 
 justice of the Second District Court of Eastern 
 Worcester, resigning in 1894. He was also 
 for a long time a memlier and for two years 
 chairman of the Board of Examiners for ad- 
 mission to the liar prior to tlie enactment of 
 the new law. 
 
 Mr. Parker has resided in Lancaster, Mass., 
 since early lioyhood, and tV)r many years has 
 been a trustee of the Public Library of that 
 town. In politics he is an ardent Re})ublican, 
 and has always voted the Republican ticket 
 except in 1884, when he voted for the Cleve- 
 land electors. He was for many yi'ars a mem- 
 ber of the Lancaster Republican Town ( 'om- 
 mittee, in 1892 and 189.'5 a memlicr of the 
 Republican State Central ('oinmittee, and at 
 various times a member of the Itepublican 
 Congressional, Senatorial, County, and Repre- 
 sentative District Committees. He was a mem- 
 ber of the Lancaster School (Committee for 
 four years and for a time its chairman, and for 
 several vears has been treasurer of the Worces- 
 
 ter County I^aw Lilirary Association. He has 
 also acted as counsel for the town of Lancaster 
 for many years, is secretary of the Association 
 of Disti'ict Attorneys of tlu' Commonwealth, 
 and is a prominent memlier of \'arious social 
 and jiolitical oi-ganizations. 
 
 Mr. Parker was married at Lowell, Mass., 
 Septembei' 22, 1886, to Mary Carney \^ose, 
 daughter of Lieut. .Josiah H. N'ose, who was 
 killed at the battle of Port Hudson in the Civil 
 war, and Caroline C. P'orbes, his wife. They 
 have four chihlren: George Alanson Parker, 
 l)0rn October 8, 1887; Katherine A'ose Pai'ker, 
 born November Ki, 1888; Edith Parker, born 
 Se[)tember 2(), 189.") ; Haven Parkei-, born 
 Api'il 15, 1899, all natives of Lancaster, ^Fass. 
 
 DANIEL DEWEY, M. A., Williamstown, 
 associate justice of Massachusetts Su- 
 preme .ludicial Court in 1814 and l8lo, was 
 descended in the fourth generation ii'om 
 Thomas Dewey, who came from the old Sax- 
 on comity of Kent, England, and settled in 
 Dorchester, Mass., in Di.'U. He \\-as boi'n in 
 Sheffield, Mass., on the 29th of .January, 17<)(j, 
 and spent two years as a member of the class 
 of 1780 of A'ale (College, from which he re- 
 ceived the honorary degree of Master of Arts 
 in 1792. He read law with .Judge Theodore 
 Sedgwick, of Stockliridge, Mass., was admitted 
 to the bai- in May, 1787, and settled in \\\\\- 
 iamstown, where lie rapidly acliieved distinc- 
 tion as one of the ablest lawyers of his time. 
 He was a member of the ( io^•ernor's Council 
 from 1809 to 1812, rejiresented the Berkshire 
 district in the Thirteenth Congress (l8l;j-14), 
 and in l^'iliruary, 1814, after the death of (Lief 
 .Justice Theophilus I'arsons, was appointed by 
 Covei'uor Strong as associate justice of the Su- 
 preme .Judicial Court of Massachusetts, which 
 position he held until his death, at \\'illiams- 
 town, of consunn)tion, fin the 2(ith of May, 
 181."), in the liftieth year of his age. 
 
 In the course of an address to tin' grand 
 juiw in .lune, Lsl.j, Chief .Justice Isaac Parker 
 spoke of .ludge Dewey as follows: 
 
BIOGRA PHICA L . ~MA SSA CH I 'SE T TS. 
 
 131 
 
 "Judni' ])o\V(.'v is now no nioiv. Tlic st'nt 
 that was destined forliini on this eiix-uit is \'a- 
 caiit, and all that remains to us of him is the 
 rememhranee of his past life, his amialile teni- 
 })er, his modest and retiring manner, his dili- 
 genee and aetivity in husiness, his wise and 
 impartial administration of justiee, his true 
 love of his eountry, and his exemplars- piety 
 and devout ohedience to the will of his (lod. 
 The eitizens of the eounty of lierkshire, whieh 
 s\-as the print-ipal theatre of his active eniplo\'- 
 
 DAXIEL DEWEY. 
 
 ments, loved and i'e\'ei'e(l him. lie is almost 
 the only man, in an eles'ated j-ank, of fixe(l 
 and unalterahle pcditieal opinions, and \\'ho 
 was ne\'er remiss in enforeimj; Ihose opiin(.ins, 
 that has been at no time ealnmniated. A\'hile 
 \\\)(>n the heneii he exhihited all the useful and 
 desiral.>le (|ualities of a judge, in as gj-eat a ile- 
 gree as was possil.ile for one lahdring undi'i' so 
 painful and disti'essing a eomplaiid. He was 
 jiatient, dis[)assionate, diligent, and intelligent. 
 He diseo\-ered to his lirethren that he possessed 
 a deep knowledge of the prinei})les of law, and 
 fif the rules of }iraetice; that he was liheral 
 and eidarged in his \'iews, candid in his ojiin- 
 ions, com[)assionate in his feelings, hut inllexi- 
 hly just in his decisions. He was truly su(di 
 
 a man as e\'ery \'ii-tu<iLis and eidightened peo- 
 ple \\oul(l ilesire to see placeil in the judgment 
 st'at : possessing knowledge without vanity, 
 learning without ostentation, wisdom without 
 se\'erity: tt'rnpei'ing judgment with mei'cy, 
 and always desirous to establish law on its 
 ti'ue foundations — eijuity and right." 
 
 ■Iu<lge l)ewey was one of the foun<lers of 
 WuUiams ('ollcge, which was incorporated 
 .Inne 'I'l, 17!t-">, and was its lii-st secretary, one 
 of its trustees from l.SO.'i to DSlo, for a time its 
 treasui'ci', and for se\'ei'al years professor of 
 law. Xo man took a dee})er interest in its 
 growth and prosperity, and few contributed 
 gi'cater aid to the institution <iuring tlie early 
 years of its existence. In brief, he set the ex- 
 ample \\hi(di his descendants have e\'er since 
 maintained, representatives of one generation 
 succeeding another in tlie boanl of trustees or 
 in otlu'r positions of trust. 
 
 .ludge ])ewey luarried a daughter of Hon. 
 •hihn Noble, a graifuate of Yale, a lawyer, 
 later a merchant and large landowner, a ti'us- 
 tee of Williams ('oik'ge, and judge of the 
 Court of ('ommiiu Pleas, appointed in 1797. 
 llis eldest son, ( diaries Augustas Dewey, Ijc- 
 came a judge of the Massachusetts Supreme 
 •ludicial Court, a,nd another son, J)auiel Noble 
 Dewey, was juilge of probate for Berkshire 
 countv. 
 
 /-^IIAKLlvS Ai;GrsTUS DEWEY, LL.D., 
 \_J Northampton, associate justice of the 
 Supreme .ludicial ('ourt of Massachusetts from 
 l.s;37 until his death in 1S(;(), was the eldest 
 son of -ludge J)aniel Dewe)', a distinguisheil 
 lawyt'i', statesman, and UK'inber of the same 
 bench, whose memoii' ap[iears in this work, 
 and a lineal ilescendaut in tliehfth geueratiou 
 from Thomas Dewey, who settled in Ddrchester 
 in Di;!4. 
 
 Judge Dewey was born in W'illiamstown, 
 Mass., Mar(di 1.'!, 17!K'!. He s\as gi-aduatcd 
 from Williams College with honor in Isll, 
 read law with his father, and \\as admitted tij 
 the bar in April, llSl-l. He practiced in his 
 
132 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 luitivo village until 1S24. when \w iiioN'ed to 
 Nfirthamptoii, ]\Iuss., and formeil a cnjjai'tner- 
 slii]) with his Vn-otlier-in-law, Isaac ( '. ISates. 
 His success was almost instantaneous. He 
 was distinguished for faithful de\'otiou to duty, 
 and huilt up an extensi\'e law husiness, which 
 extended throughout the counties of Berkshire, 
 Franklin, Hampden and Ham])shire. He 
 ser\-ed four terms in the lower house of the 
 Massachusetts Legislature, twufnim Williams- 
 town and two from Nortluirn]>tiin, ;inil in IS.'JO 
 
 
 t.. 
 
 ""'"IB 
 
 
 :L :<-j^-. JMwSm'' W^iiA^T^^^ 
 
 B^ 
 
 CHARLES A. DEWEV. 
 
 was State senator from Hamjishire c<anity. 
 In ls;]0 he was appointed district attorney for 
 the ^\'estern district of Massachusetts, which 
 position he filled with eminent ahility until 
 ^fav '!'>. ls;]7, when, the number of judges of 
 the Su[>reme .Judicial Court ha\-ing heen in- 
 creased from four to ti\"e. In: was ajijiointed hy 
 ( ;o\-ei'nor T']verett to a seat on that hench. He 
 as.-^umed his duties as associate justice of the 
 highest court in the ('(nnnionwealth, at Bos- 
 ton, .hine 24, 1837, and continued to discharge 
 them until his death, which occain-eil at his 
 residence in Xorthamjitun on the 22d i")f Au- 
 gust, ISCt). 
 
 .Judge Dewey gained a high re[aitation fur 
 excellent judgment, great industry, rare legal 
 
 ability, and close attention to counsel. He 
 displayed great general knowledgeofall branch- 
 es of the law, and was a superior criminal law- 
 yer and familiar with town law and with the 
 princii)les of practice. He probably had no 
 equal in the knowledge of the statute law of 
 the Commonwealth, liut as a nhi pri)i-s he was 
 not so successful as were some of his associates, 
 although his good legal instincts are jiroyed 
 J.y the fact that he was more seldom overruleil 
 tlian any one of them. In consultation he 
 shone conspicuously. An unfoi'tunate mode 
 of ex}iression, in both his oral and written 
 opinions, sometimes prevented him from doing 
 justice to his own excellent sense and .sound 
 legal conclusions. His judgments are scat- 
 tered thrnugh the iMassachusetts Ueports from 
 19 Pickering t<i 12 Allen, or fifty-nine volumes 
 and treat of almost every l)ranch of the law. 
 J)uring the latter })art of liis life he todk a deep 
 interest in the law of charitalile tru.sts, among 
 his important ojiinions in this connection lie- 
 iuff thfise in the eases of W'inslow vs. (_'um- 
 mings, ;> Cusliing, .'jdt; ; Harvard (.'oUege \'s. 
 Theologit-d Ji^ducation Society, •'! (ii-ay, 2S(); 
 and Attorney-deneral vs. Trinity church, 9 
 Allen, 422. This interest came to him hereil- 
 itarih'. as his father delivered the judgment rif 
 the court in tlie celebrated case of liartlett vs. 
 Iving, 12 i\hiss. Reports, o.'iH. \\dn(h is the 
 leading one in Massachusetts and probably in 
 the I'nited States. 
 
 •Judge Hewey «"as kind, courter)us and dig- 
 nifieiJ, possessing a retentive memory, sound 
 and siilid judgment in application to the law, 
 fpiick and clear discrimination, keen }>owei's 
 of anal>'sis, and profound and \-aried legal at- 
 tainments. He was also patient in research 
 and critical in examination. His success in 
 life was due to his constant devotion to his 
 profession, and his moral not less than his in- 
 tellectual ti-aits ]>eculiarly fitted him for the 
 liigli judicial station wdiiidi he HUed with so 
 much bonoi- and aliility for twenty-nine years. 
 He was a trustee of A\'illiams (_'ollege from 1.S24 
 until his death in Isijil, and in ls4(l recei\'ed 
 the honoi'arv degree of I^J^.l). from Harvard. 
 
BIOGRA PHICA L.—MA SSA CH USE TTS. 
 
 ]33 
 
 He wa.s a nieniber of the First C(.)n!j,ix'gational 
 cluuvli of Northaiinitoii. 
 
 ■rudge J)e\\(_'v was twice niarricd, lirst tr) 
 Frances A., ilaugliter of lloii. Samuel Flen- 
 sbuw, sometime jiulge of }irol>ate for I[am}>- 
 shire eounty, ^NFass., and seeoiid to Caroline, 
 daughter of H(.)n. (ieorge Clinton and sister of 
 (Governor I>e \\'itt Clinton, of New York. A 
 memoir of Ins eldest son, the late IIou. I'rancis 
 llenshaw l)e\\-ev. ajipears in this work. His 
 second son, Charles Augustus Dewey, jr., ])orn 
 December 29, 1S;!(), was graduated from Will- 
 iams (College in ls.")l,and has been a jirom- 
 inent Ln\'yer in Milfor(h ^Nlass., sinct' ls.")9, ami 
 judge of the Third S(aithern ^^'orc^•st^■r District 
 Court since 1S7"2. Mis third son, (Ieorge 
 Clinton Dewey, became a physician and died 
 in Northampton. -Judge Dewey also had three 
 daughters: Caroline Betts, wife of Daniel W. 
 Alvord, of (Greenfield, Mass.: ^h\ry (_'linton, 
 who married Hon. Ihimilton ISarclay Stajiles, 
 an associate justi(/e of the Massachusetts Su- 
 perior Court from IS.Sl until his deatli in 
 1S91 ; and ]\[iss ^hiria Xolde Dewey, of W'oi- 
 cester. 
 
 FRANCIS HENSHAW DFWFY, LL.D., 
 Worcester, associate ju.stice of the Supe- 
 rior Court of Massachusetts from DS(i9 to l.S,Sl, 
 was the eldest son of Judge Charles Augustus 
 Dewey, and a grandson of .ludge Daniel 
 I)ewey, botli of wliom are noticed at length 
 in this work, and a direct descendant in the 
 sixth generation of Thomas Dewey, who came 
 from England to Dorchester, i\hiss., in 1H,34. 
 'Jdns Thomas Dewey was also the ancestor of 
 of Hon. Cliarles Dewey, judge of the Supreme 
 Court of Indiana; of Hon. Charles Dewey Day, 
 judge of the (^leen's Bench in Canada: of 
 Rev. Crvill Dewey, D. D., the noted Unitarian 
 cleri,^vman ; ami Prof. Chester Dewey, D. D., 
 LL.D., of Rocbestei-, N. Y. Judge Dewey's 
 motbei', Frances A., was the daughter of Hon. 
 Samuel IIensha\\-. sometime .judge of probate 
 for Hampshire county, and laha- judge of the 
 ( 'ourt of Connuon Pleas. 
 
 .Judge Dewey was jjorn iji Williaiiistown, 
 Jk'rksbii'c county, ^hiss., on the 12th of July, 
 1S2], and in LS24 went with his father to 
 Noi'tham]>ton, wlieri^ he s[)ent his boyhood 
 and youth. He recei\'ed his pre])aratory edu- 
 cation in Northampton and iVndierst, and in 
 ls;!(l matriculateil at Williams (College, i'roiii 
 which he was gi-aduated with honor in ],S4(J, 
 and in which he ever afterward look an acti\'e 
 
 I'KAXCIS H. DEWF.Y. 
 
 interest. After lea\dng college he proceeded 
 to fit himself for the bar in the law schools of 
 Yale and Har\-ard and in the ottices of ( 'liarles 
 P. Huirtington, of Nortbamjiton, and Hon. 
 iMuory A\'asbliurn, of Worcester, whither he 
 removed in May, LS42, and where he con- 
 tiinred to reside fi'om that time until bis death. 
 He was aihnitted to the \\'orcester bar in .lune, 
 184.'], and was at once taken into partnei'ship 
 l>y Mr. 'Washburn, a fact which testifies to the 
 hitter's appreciation of "S\v. Dt'Wey's ability 
 even at that early stage. Jdie manne]- in 
 which ]\rr. Dewey entei'ed upon the work of 
 this established olfice and assumeil its respon- 
 sibilities alone on .ludge Wasbbui'n's pi'omo- 
 tion to the bench of tbe Court of ( 'ommon 
 Pleas in June, 1 S44, tested his |>i)we)-s and 
 ji'ave him a high standing at tln' bar in the 
 
134 
 
 THE [UDICIARY AND THE BAR OE NEW ENGLAND. 
 
 earliest years of liis i)ractice. During tliis 
 period his utmost dili,iieiice was coiistautly re- 
 quired to attend to tlie multitude of eases iu 
 which Mr. Washburn had heen engaged, and 
 he gave such evidence of fitness for the task 
 and of devotion to business that he retained 
 almost the whole clientage and steadily in- 
 creased it year by year. In September, 1<S5(I, 
 he formed a copartnership with Hon. Hartley 
 Williams, then just admitted to the bar. and 
 sul)se(|uently judge of the Worcester Municipal 
 Court. This relation continued for thirteen 
 years, or until 18(53, after wdiich Mr. Dewey 
 practice<l alone till Decemljer, l.S(i(], when 
 Frank 1'. (ioulding l>ccame liis junior partner. 
 The firm of Dewey ct (Ioulding continued uir- 
 til February, 1.S69, when ^Ir. Dewey \\'as ap- 
 pointed l)y ( iovernor Clafiin an associate jus- 
 tice of the iNIassachusetts Superior Court. 
 
 In Fel)ruary, l.SSl, .Fudge De\\'ey resigned 
 his seat on the bench, partly on account of the 
 pressure of business att'airs, and from that time 
 until his death his attention was chiefiy g'i\'en 
 to the ^\'ashbul■u it Moen Manufacturing (Com- 
 pany, the largest l)usiness estaljlishment in 
 A\'orcester, in which he was a heavy stock- 
 holder, a director for thirteen years, and the 
 general legal adviser. He \\'as a niemlier of 
 the \\'orcester Connnon Council in Isiil, and 
 was chosen to fill the unexpired term of the 
 ])i-esident, .James E. Fstabrook, who «cnt to 
 war. In l<S(ili he ser\-ed on the Boanl of Al- 
 dermen. Ht' was a member of the ^lassachu- 
 setts Senate in 1850 and 1SG9, chairman of the 
 judiciary connnittee during both terms, and in 
 l<S5(i the Republican candidate for president. 
 He \\-as originally a Whig and later a Uepub- 
 lican, but ne\'er took an actiA'e interest in poli- 
 tics. In 1(S(J9 he resigned his jiosition as sen- 
 ator to accept the ajtpointment of justice of the 
 Supeiior Court. 
 
 Judge Dewey \\'as one of the original incor- 
 porators of tlie Mechanics National Bank and 
 tlie Mechanics Savings Bank of ^\'orcester, and 
 the last survi\'or of them, and \\-as a diiector 
 of the former institution from its organization 
 in 1<S4<S and a trustee of the latter from its lie- 
 
 ginning in l(Sol. He was also acting president 
 of the Mechanics National Bank from 185;] to 
 1857, during the absence of tlie })resident, Hon. 
 Alexander De ^\'itt, then member of congress. 
 He was secretary of the Mechanics Savings Bank 
 from its organization in 1851 to 186(1 and 
 president from 1S82 until his death; a direc- 
 tor of the Norwich and ^\'orcester Railroad 
 Company from 1872 and president from -Janu- 
 ary, 1879, till his death; a director of the 
 Worcester and Nashua Railroad Company 
 from January 29, 1857, to December 16, 1885, 
 when the road was leased to the Boston and 
 Maine; presi<lent of the Worcester County 
 Horticultural Society from 1867 to 1870 in- 
 clusive and from 1882 till his death, a trustee 
 from its organization, and vice-})resiilent from 
 1864 to 1867; for many years a trustee and 
 from 1884 president of the Ijoard of trustees of 
 the Rural Cemetery Association and from 1884 
 until his death president of the ()ld Men's 
 Home of Worcester. He was president of the 
 old \\Vjrcester Lyceum, and from January, 
 1882, served as a director of the AVorcester 
 Free Public Library, l)eing president of that 
 institution during the last fi\'e years of his 
 life; at his death lie was also chairman of the 
 finance committee. He was the first president 
 of the association formed in 1852 for the main- 
 tenance of a library and reading room in A\'or- 
 cester. He was also a trustee of the Wash- 
 burn ^lemorial Hospital and of the ^^'orcester 
 Young Men's Christian Association, a member 
 of the vestry of All Saints church of ^^^)rces- 
 ter, a member of the American Anti(juarian 
 Society, to wbicJi he was elected in 1869, and 
 senio)' memljer uf the A\'orcester Fire Society. 
 lie was largely interested in wwX estate in- 
 vestments during the gi'eater part of his life, 
 and with Joseph Mason carried through sev- 
 eral large transactions, notaldy the de\-elo[)- 
 ment of the \\estern ]iortion of the city of 
 W^orccstt'r, ^^•llcre Dewey and Mason streets 
 are located. .ludge Dewey ^vas electe<l a trus- 
 tee of Williams College in 1869, an honor that 
 had been conferred upon his father and grand- 
 fathers, uj)On his great-grandfather (Judge 
 
BIOGRA PHICAL—MASSA CHUSE TTS. 
 
 135 
 
 I)a\'i(l Xol)le), aud upon his miclc (Jud^'e 
 Daniel N. Dowcv), ami at the tinie of his 
 death he was tldrd in seniority and ehaii'iiian 
 of the finance committee. In IST.'i lie recci\-ed 
 from that institution tlie honorary degrt'c of 
 LL.D. He died in ^\'oreester on the Kith of 
 Deeemlter, ISST, universally esteemed and re- 
 spected. He made a num])er of important he- 
 quests, and founded in Williams College the 
 Dewey and Henshaw scholarships. 
 
 Descending from a family of distinguished 
 lawyers, .ludge Dewey was nurture<l and t-are- 
 fully educated fertile profession, and for many 
 years he was one of the most emintait citizens 
 of not only ^^'orcester county, hut of the Com- 
 mon wealth. It is enough to estahlish his dis- 
 tinction among the lawyers of ^Massachusetts 
 to say that he was one of the great leaders of 
 the Worcester har from lS4o to 1S()9. Pos- 
 sessing a liheral education, given active mental 
 and physical ipialities, a close student of the 
 principles of law, thorough in his investiga- 
 tions hefore Ijringing a case to trial, methodical 
 in the arrangement and discriminating in the 
 selection of evidence, quick to see the weak 
 jioints on hoth sides and prompt in taking ad- 
 vantage of them, logical and forcilde in his 
 statement of facts, with ahundant resources 
 and tlie faculty of grouiiing events in the 
 argument of cases, quiet in manner, persistent 
 in endea\"or and with great force of chai'aeter, 
 he was eminently successful Ijefore juries, while 
 in the management of purely husiness matters 
 the same (|ualities of patient, thorough in\-es- 
 tigation, persistence of effort, dirt'ctness of 
 application, and intelligent discriminalirm 
 made his counsels valualile and his ser\'ice in 
 great demand. He rose steadily in the pi'ac- 
 tice of his profession until he ranked as one rif 
 the leading lawyers in iMassael)usetts. In his 
 private I)usiness he was also successtul. As a 
 justice of the Su})erioi' Coui-t he dis]i]ayeil the 
 same high (pialities — ample learning, great 
 exjierience, a high sense of duty, unfailing 
 courtesy and dignity, and a conscientious de- 
 sire to do equal and exact justice to all suitoi's. 
 In the esteem of the har and of the jiuhlic alike 
 his judicial sei-\'ices were eminently satisfac- 
 
 tory and succt'ssful. Tlu^ secret of his power 
 lay in Ins gi'cat ])ractical sense, the wonderful 
 alertness of his intellect, and tin' tireless in- 
 ilustry that enahk'(l him to irjaster evei'y detail 
 of his cause. Reliance was always to he placed 
 on his conclusions. He was connected with a 
 large numher of corporations and tinisls, and 
 everywhere the husiness s[iecially laid u[ion 
 him was thoroughly and ])romptly done. 
 There were more than twenty Ijoards and 
 committees lia\iiig charge of financial and 
 other trusts whose meetings he attendeil with 
 strict punctuality. He was always clear and 
 decided in his o})inions. .Judge Peleg Emory 
 Aldrich said of him : 
 
 "Of all the men I lia\'e heen t-alled upon to 
 meet, from him 1 have learned in these latter 
 years the del)t of friendship. The light on his 
 face came from his heart. I ne\-er heard him 
 [)ass a harsh or censorious judgment; it was 
 not in his nature. He had out' of the most 
 complete lives I ever witnessed. . . . He 
 was connected with the charity, with the re- 
 ligious, the industrial, and the linancial affairs 
 of this city [Worcester]. lie was happy in his 
 life: he was hajipy in his death; the cloud 
 settled gradually and painlessly. Of -iudge 
 Dewey it can he said : 
 
 " His sufferings ended witli tlie day, 
 Yet lived he at its close. 
 And breathed the long, long night away 
 In statue-like repose. 
 
 " But when the sun, in all its state. 
 Illumed the eastern skies. 
 He passed through glory's morning gate, 
 And walked in Paradise." 
 
 •Judge Dewey was mai'ried Xovemher "J, 
 1.S46, to Frances A., only daughter of .John 
 <'larkc, of Northampton, Mass. SIk' died 
 March 1:), l.S.")l, and on A])ril 2(J, l.s."i;k he 
 marrieil Sai-ah 15., only daughter of Hon. 
 ( ieorge A. Tufts, of Dudley, Mass., wIk.i sur- 
 \dvesliim. ( )f his se\H'n children, two died in 
 iid'aiicy; three are li\ing, \'iz.: Francis II.,.lolin 
 ('., and ( Jeorge 'i\, all graduates of Williams 
 ( 'ollcge and all lawyers in Worcester, and Sai'ah 
 Fi'ances, wife of Dr. 01i\'er llui'd iM'erctt, and 
 ( 'aroliiie ( 'linlcju, wife of Dr. ( 'ha iF's L. Xi(diols, 
 of Worcestei', ai'c deceased. 
 
13G 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 FliANCIS IIENSHAW DKWEY, Jr., Wor- 
 cewter, comes from a family (listiii.^uished 
 in tlu' le.y'al profession of .Massaeliiisetts, his 
 great-grundfatlier, Daniel Dewey, his gi'and- 
 fatlier, Charles Angustus Dewey, and his 
 father, Francis Ilenshaw" Dewey, sr., all being 
 eminent lawyers ami jurists. A memoir of 
 each appears in this work. ]\Ir. Dewey's 
 motliw was Sarah B. Tufts, daughter of Hon. 
 George A. Tufts, of Dudley, Mass., ami a de- 
 scendant of an old New England family. 
 
 FRANCIS H. DEWEV, JR. 
 
 .Mr. De\\'ev was l)oi-n March 2-'!, is.";*;, ju 
 Worcester, Mass., wdiere he has always re- 
 sided, lie \\-as eilu(/atcd in [iri\-ate S(diools in 
 his nati\-e city, at St. .Mark's School in South- 
 boro, Mass., \\diere he spent four years, and at 
 ^\'illiams ('ollege, from which he was gi'adu- 
 ate(l with honor in ISTO, being one of the hrst 
 six ill his class, and holding memhershiji in 
 tlie I'hi Beta Kai>pa Society. Among his 
 classmates were Ke\'. Charles \\ . Huntington, 
 of Lowell, ]Mass.: Kev. A\dlliani U. Cam])hell, 
 of Boston; Arthur II. Masten and Benjamin 
 Norton, of the New ^'ork bar: and ( ieorge D. 
 A\'icks, of ('leveland, Ohio. Mr. Dcwc\- was 
 grailuated fi-om the IIar\-ard Law S(diool with 
 the degree ot LL.l!. in .lunc. LsT'S, continued 
 
 his legal studies in WVjicester in the ottiee of 
 the late .ludge Hamilton Barclay Staples and 
 Frank 1'. (ioidding, then })artners, and was 
 admitted to the Worcester county bar in Feli- 
 ruai-y, 1.S79. The same year he received from 
 \\' illiams (Jollege the degree of ^f. A. in cfiurse. 
 Since his admission to the bar Mr. Dewey 
 has successfully practiced his profession in 
 \\V)]-cester, and is now one of the vice-presi- 
 dents of the W'oi'cester County ISar A.ssocia- 
 tion. lie conies to the law as it were by in- 
 heritance, being the fourth in succession to 
 make it a lifework. His [ii'actice, while gen- 
 eral in scope and character, has been very 
 largely in the line of coi'poratioii and pi'obate 
 mattei's and therefore of an oftice nature. It 
 has seldom bi'ought him into court. He has 
 gained distinction as a wise and abb.' counselor 
 and safe advisei', wdiile as a l>usiiiess man he is 
 spe<;ially prominent. On his father's death in 
 llS'Sy be \\-as cbf)sen to succeed him as a trus- 
 tee of the Worcester Mechaiucs Sa\'ings Bank 
 and a dii'cctor of t be .Mechanics National Bank, 
 of botli of wdiicli he hail ])eeii solicitor since 
 ISSn. Ill Aliril, IS.SS, be was also elected 
 president of the .Mechanics National Bank and 
 still holds that position. He was one of the 
 reorganiz(.M-s and (/onsolidators, one of the lirst 
 directors, and the genei'al counsel of the Wor- 
 cester ( 'onsolidated Stre('t Ltailway Com]>anv, 
 and since May, LstjfS, has been its president. 
 V(\v many years he has been a dii'cctor of the 
 Norwich and Worcester Railroad ( 'ompan\', of 
 the Worcester ( !as Light (Vimpaiiv, of the 
 ^\'orcestcr Traction Company, of the Woi'ces- 
 ter Theatre Association, and of the Proprietors 
 of the Bay State House of \\'orcester, being 
 also treasurer of tlie last two corporations. 
 He is a trustee of several large estates, is 
 [iromineiitly and actively connccteil \\itli \'ari- 
 ous other business organizations, and is \'ice- 
 president of the Worcester Art Museum and a 
 director of the Worcester Board of Trade. lie 
 is (;hairman of the Board of Commissioners of 
 the city hospital hnids of Worcester, and has 
 long been jtrominent and intluential in the 
 First I'liitai-ian Parish, ha ving scr\-e(l as chair- 
 
BIOGRA PHICA L.—MA SSA CHUSE TTS. 
 
 137 
 
 man of tlie [larisli (■oininittec and as suiici'in- 
 temlent (if the Sunday sidioul. lie is also 
 dei:'].)!}- interested in works of lieneNolcncc, is a 
 director of the W'oreestei' Associated Charities, 
 and a nienilier of the American Anti(|nai-ian 
 Society, of tlie Worci-ster I'^ire Societ)-, and of 
 the Worcester, Hancock, and (^)ninsi,uamnnd 
 Boat (.'hdis. lie is a llepulilican, hut tliuuL^h 
 often urged has never accejited jiolitical i/thce. 
 He is es.sentially a lawyer and Imsiness man, 
 and in each of these capacities lias achiewil a 
 hi.gh reputation for ahility, sound Judgiiieid, 
 sagacity, [lerseverance, and industry. 
 
 ]\[r. Uewey was married Deccmher 1.!, IXTS, 
 to Lizzie I),, only daughter of the late Hari'i- 
 son and Sarah (Howe) ISliss, of ^\'orcester, a 
 granddaughter uf Ahel and Xicene (P)all()U) 
 Bliss, of lioyalstnu, .\hlss., and a great-great- 
 granddaughter (if Syh'amis j-jliss, one of tlu' 
 earliest settlers of Uehnhoth. Ih.'r [lateriial 
 grandmother, Xicene Ballon, and i'resideid 
 James A. (iartield's mother were cousins. 
 Pier father was fur many years <ine of the lead- 
 ing merchants, hankers, and citizens of \\ ny- 
 cester. Mr. and Mrs, Dewey liave twn chil- 
 dreri : Elizaheth JUiss ])ewey, and I'^rancis 
 Hensliaw Dewev, -'id. 
 
 (diai'acter and standing in t he cummuinty at 
 lai'ge are aliON'e i'e|ir(iach, 
 
 Mr. I'arker has made his prdfessioii his chief 
 (iliject in life, hut in rcsjioiise to calls fi'om his 
 iellow citizens has scr\'e(l them in a puhlic 
 capaciiy. I'^i'om ISS'J io Isss he was a mem- 
 lierdf tlu' School I'xiard (if W'oi'cestei', wdiere 
 his eilbi'ts were cinislanlly dii-ecte(l toward 
 ele\'ating and improN'iiig I he standaid of e(l- 
 ucation and hroadeniiig the facilities of the 
 citv for teaching the vouiiij. In LSStJ-T he 
 
 HEXRY LAXCDOX I'AKKEi;, Woi'- 
 cester, son of Asa and jMar.garct Ann 
 (AIc( 'orristone) Parkci', was hoi-n at Acton, Mass., 
 on the Ttli of < )(;t(iliei', 1 «.').']. He was educated 
 in Lawrence Academy, at (iroton, APass., and 
 in P)artmoutli College, from wdncli he was 
 graduated in the class of Ls.")(i. He jmi'sued 
 hisPiw study in the town of Hopkinton, whciv 
 he liegan p]-actice in 1 S(;o. hi P'S()2 he recei\-e(| 
 the a[ipointrneid oftiaal justice foi- Middlesex 
 county and held the ofHce until his rcmo\'al 
 to Worcester in PS(i."). Li the latter city he 
 has fieen in acti\'e pi-actice during the ]iast 
 tliirtv-three years, achieving the success that, 
 usually attends eai'iiest effort and high (jiiaP 
 itications. His jiresent position in the W'oi-- 
 cester countv Par is sin en\-ialile one and his 
 
 HENKN' 1. I'AkKKH. 
 
 was a i-epresentati\'e in the Legislature, ser\-- 
 ing during his second term in the connnittce 
 on proliate and insolvency. IP' was a mem- 
 her of the State Senate in PSS!) and PSHO, serv- 
 ing as chairman of the committee on ]iuhlic 
 ser\dce, on the judiciai-y and on rules and 
 election laws. He (liscliarge(l e\'er\- dut\' in 
 these se\-eral capacities with singidar fidtdity, 
 gaining tlieri'liy the approhation of the com- 
 iiminty. In PSic; he acfcil in the ca[iacitv of 
 (diaii'iiian of the coiiunilfee appointed to re\'isc 
 the city charter, wdiei-e his know lc(lge of nni- 
 iiicipal affairs and (he law was of great ser\-ice. 
 He isoneof th(.' ti'ustccs of PuPlic Itesei'N'al ions 
 in Massachusetts and is deepp- intereste(l in 
 forcsti-v, h(.ii-ticulture and kindred suhjt'Cts. 
 
138 
 
 THE [UDICIARY AND THE BAR OE NEW ENGLAND. 
 
 In tliis and tlir study of tlic lii,i;liiT class of 
 literature lie iinds pleasure and ivlaxation from 
 pi'ofessional laboi-. 
 
 Mr. Parker is an Episcopalian and for many 
 years has heen closely identified with that 
 denomination, serving' as warden in hoth St. 
 Matthew's and St. Mark's churches. In ])ol- 
 itics he has always heeu an adherent of the 
 Re})uhliean party and consisteutly upheld its 
 princijiles. 
 
 Mr. Parker was marrii'd in LSlJl and has 
 three sons and two daughters. The eldest son, 
 Henry L. I';irker, jr., yraduated from Dart- 
 mouth ('ollegeiii ISS.") :iiid from Colunihian 
 Law School, \\'asliiu,<itoii, 1). ( '., and is in prac- 
 tice with his father. Anothei- son, \\'illiarji 
 IT., is an insti'uctoi- in Yale Colletre. 
 
 MARSHALL WILCOX, a veteran of the 
 Pittsfield (]\Iass.) bar, was horn in 
 Stockljrid^e, Berkshire county, Mass., on 
 March 19, LS21. lie is a son <if Lorin^ Wil- 
 cox, who was a native of ('romwell, ( onn., 
 who mo\'eil from there wdth Ids parents to 
 Stockbridge. Lorinjj,- Wilcox dieil while in 
 middle life at Lauesboni, wdiere he was en_ 
 trailed in mercantile operations. 
 
 Marshall ^\'ilcox l.iegan his education in the 
 puljlic schools and a1 si.xleen years of age en, 
 tered the Lenox Academy, an institution of 
 excellent repute in those da\'s. After three 
 years tbci'e he entered Williams ('ollege from 
 \\diicb he was graduated in 1.S44, witli the de- 
 gree' of A. L. Aftei' his collegiat(.' course he 
 studied law in the olli(;e of Lestei' Li I ley, in ( )tis, 
 ^lass. In 1.S47 he was adnnttcil to the l.iar, 
 Llis tirst practice was inOtis, where be remain- 
 ed tw^o years, which period was succeeded by a 
 similar one in (Lester, ^lass. He tla.'n moved 
 pj the town (if Lee, Lerkshire comity, and 
 ojicned an otlice in w liicb he continued eighteen 
 years and until l.^TL wdien he remo\'ed tr> 
 I'ittsheld wdiere he has since piacticed his pro- 
 fession. 
 
 Mr. Wilcox was an "(dd-time A\ hie " with 
 
 biDad auil liberal }ifinei[)Ies, until the forma- 
 tion of the Republican piarty, since wdiich time 
 he has licen affiliated with that political or- 
 ganization. He was elected to the House of 
 Re[)i-eseiitati\-es for one year (ISfili), and in 
 1S()8 served in the State Senate, wdtli credit to 
 himself and to the satisfaction of his disti-icl. 
 \\dllianis (.'ollege conferred upon him the de- 
 gree of LL.L. During a period of more than 
 half a eenturv Mr. Wilcox has followed the 
 
 MARSHALL WILCOX. 
 
 }>rofession to wdiieli his life was devoted, at- 
 taining a satisfactory degre(.' of success, and 
 having the constant eiijo>'ment of the coidi- 
 deiice of Ids fellows and the respect of his 
 bi'cthren. Proliably none of the IJerkshire 
 lawyers has mastered more of the different 
 branches of tlie law than has Mr. Wilcox. 
 A\diile the younger generation of the [trofes.sion, 
 to wdiom bis name is as familiar as their own, 
 may not know this so w'cdl, the older memlters 
 i-ender to him the respect and honor ilue to 
 his \-eteran ser\dce. 
 
 Mr. Wilcox was married in 1 )cdroit, .Janu- 
 ary 7, LS57, to Xanc>' l'>. Lradley, a native of 
 Lee, Mass. They lia\-e one son, i'harles M. 
 Wilcf.ix, who is an attorney and a resident of 
 Pittsfield. 
 
BIOGK. I PHICA L . —MASS A CHUSE TTS. 
 
 13 9 
 
 TAMKS L()\-K (;I1.L1N(;IIA.M, New Jiod- 
 O ford, special justice of the Tliird District 
 Court of Bristol county, was liorn in Chelsea, 
 Mass., .luly VI, Is.")!. Mo is a son of .huiiesnnd 
 Anna E. (Lo\H') < lillin.uliarn, tlie ancestry of the 
 fiinily \k'\\\'^ Scofcli and well represented in 
 America through several generations. Thefaiu- 
 ily removed to ('harlestown while. lames L. was 
 an infant, and after the mother's di'atli, in IS,")!), 
 again changed their residence to Fairha\'en, 
 Bristol county, Mass. There the son attended 
 scliool and was grailuated from the high school 
 in isyd. The following year he entered the 
 office of Kichmond tt Cook, general agents for 
 the E(|uital)le Life Insurance Societ)', and in 
 fsys liegan the stuily of law in the otHce of 
 Thomas M. .Stetson and Francis 1>. (ireenc, in 
 Ne\\' Bedford, lie was admitted as an attoi- 
 ney at a session of the SojirtMue .Judicial Court 
 of Massachusetts, held on April 2(1, ISSO, and 
 was admitted as an attm-ney in the Cniteil 
 States Circuit ('ourl in Boston, .June 14, Iss-J. 
 Since that time he has liad an otticc in New- 
 Bedford, though keeping his resilience in Fair- 
 haven, and now has also an otiiee connect ion 
 in Boston. 
 
 •Indge Cillingham is a liepuhliean and has 
 heen prominent and acti\'e in the local political 
 field. He has serxed (Jii the Town ( 'ommittee 
 several years, a ])art of the time as chairman. 
 Pie lias heen one of the town select man and has 
 served fin the Sidiool Committee. IK' has 
 twice representeil the I'^ourth district in the 
 Ceneral Court and seiA'cd on the committee on 
 the judiciary. Among the se\"eral a}ipointi\c 
 offices with wdiich .Judge (iillingliam has heen 
 honored are those of puhlie admiuisti'ator and 
 commissioner to (jualify ei\-il ottieers. ( )n Sep- 
 temhei- Ki, ls!)7, (ro\-cnior W'olcott a|)]ioin1ed 
 him special justici' of the Tliii'd Fisti'iet Court 
 of Bristol county, a)i oHice wlii<-li he has ad- 
 ministereil ijui-ing tw^o years with the same 
 fidelity, (dear judgment and legal ahility that 
 has chai'acterizcd his wdiolc pi'ofessional eai-eei'. 
 
 In the pul)lic affairs of Fairlia\'eii .Judge 
 (billing ham has always taken a deep and act i \-e 
 interest. He is a meudier of the Fairha\'eM 
 
 ImproNciuent Association, a trustee of the Fair- 
 ha\'en Inst itutioii foi' Saxdugs, of the Millicent 
 Lihrary and of the Ki\-ei'side ( 'enudery. He 
 ispromineid in I he .Masonic fraternitv and has 
 heen past mastci- of ('oncordia Lodge and dis- 
 trict de[iuty gi'and master of his disti'ict. He 
 is also a mcmljer of the oi'dei' of Odd Fellows. 
 
 JAMES I.OVE GILl.INiniAM. 
 
 •Judge (Tillingham was married in No\'em- 
 ber, iXS.j, to Fli/.al>eth Bvram Pratt, of Fair- 
 ha\'en : they havi' two sons and two daugh- 
 ters. 
 
 RICHAltl) WILLIAM Hi WIN, attorney 
 at law, of Northampton, Mass., was horn 
 in that pla<-e on Fehruarx' llS, l.S.")7, of Scot(di- 
 Irish ancestry. He rt'cei\HMl his education 
 in the puhlii- s(diools and was gi'aduated fi-o)u 
 the Biistoii I'niversily Law School in the (dass 
 ((flSS.'i, with the usual degree. Lea\dnglhat 
 institution he learned the ma<diiiiist's trad<' in 
 the woi'ks of the Floi-ence Machine ('ompaiiv. 
 He ne,\'t woi'keil two and a half years in the 
 maidnne departmi'ut of the Fdgin \\'at(di < 'om- 
 jiany, at Fdgin, 111. Uetiiruing to .Massaidm- 
 sctts he engaged with his hrothei'. 'f . L. h'win. 
 ill the house funiishiiig husiiicss at Nati(d<, 
 
140 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 Mass. His admission to the law scliool took 
 place ill Iss-J. Vn; was adinittL'd to the Hamp- 
 den county har in ls,s."j and has lieen engaged 
 in ])ractice in Nortliampton to tlie present time. 
 Wv. Irwin is a Ue})ul)lican and lias been active 
 in politics. He \\'as a memljer of the North- 
 amjiton Common ( 'ouiual in iSS.Sand 18)S9, 
 serving as president in the latter year. He 
 A\as ap[)ointed city solicitor and held the ottice 
 si.\ terms up to 1894. He was first lieutenant 
 of < 'o. l,>Sec(}nd Re!j,iment of Militia ahout two 
 
 RICHARD W. IRWI.X. 
 
 years (1<S,S|-S;)), and captain from August of 
 the latter year to August, 1.S912. Elected to 
 the State Legislature for tin- year 1,S94, he 
 served on the committee on constitutional 
 amendments and as clerk of the committee on 
 proljate and insolvency. Ke-elected in 1S95, 
 ln' \\'as Idouse chairman ol' the cornmitti'e on 
 bills in third reading, was a inemlter of the 
 committee on judiciary ami rules, and on a 
 special committee apjiointed to prepare a his- 
 tory of " Ye Ancient Codfish," in the hall of 
 the House. Elected to the Senate in f89() he 
 was chairman f)f the committee on cities, on 
 bills ill third reading, and on counties. He 
 served three more terms in tlie Senate. In 
 1897 he was chairman of the committee on 
 
 street railways, a member of the committees on 
 counties and the judiciary. In 1898 he was 
 chairman of the conunittee on street railways, 
 chairman of the committee on constitutional 
 amendments, and member of the committee 
 on judiciary. Mr. Irwin's career during these 
 six consecutive years in the State Legislature 
 was notable for imlustry in the public service, 
 by reason of his intelligent gras]) of important 
 legislation, and his pojiularity in both branches 
 of the State government. 
 
 Ml'. Irwin is a memlier of both the Masonic 
 and Odd Eellows ordei's, and takes a deep in- 
 terest in the ])ublic affairs of bis nati\'e town. 
 He is a inemlter of the Xorthainpton (.'lub, ami 
 was sent as alternate delegate to the St. Louis 
 ( 'oin'cntioii which nominated Mr. ]\IcKinley 
 for the presidency. He has been delegate to 
 many State conventions and is now chairman 
 of the Hampden ( 'ounty lte])ublican Commit- 
 tee. He is an effective and jiopular public 
 sjieaker and his services are in fre(|uent de- 
 mand in political camjiaigns. 
 
 Mr. Irwin was married NoN'ember l(j, 1892, 
 to Florence Bangs, of Springfield, ^Nlass. 
 
 HENRY FKAXCIS HAHKIS, Worcester, 
 son of (Jharles Morris and family (Dean) 
 Harris, \\-as Ijorn in the village ()f Harrisville, 
 \\'est Loylston, Alass., on the 19tli of August, 
 1849. On his father's side he is descended 
 from Thomas Harris, who \\\W\ a brother, 
 \\'illiam, left the Massachusetts Bay Colony 
 with Roger A\'illiams for Rhode Island. His 
 mother's ancestry is traced to Tliomas Dudley, 
 governor and deiaity governoi' of Massachu- 
 setts under the first cliarter. 
 
 Mr. Harris obtained his early education in 
 the common schools. He subsequently at- 
 tended the (Ireen ^lountain Institute at South 
 \\Viodstock, A^t., four terms, the Worcester, 
 (Mass.) Academy two terms, and the old Lan- 
 caster (Mass.) Academy two years, and then 
 entered Yufts ('ollege, from which he was 
 graduated with honors in 1871, .standing at 
 
BIOGR. I PN/C.IL.—J/ASSA CIIUSE TTS. 
 
 141 
 
 the lieail of liis class. AiiKnii; liis classinatcs 
 \\cre Jose] ill < ). lUinlctt, of the Uostoii bar: Dr. 
 John ].. ('ollin, of liostoii ; ami Hon. W'illiaui 
 (.'. I'reSL'ott, of lIorkinuT, X. Y. ( )n li'a\-in,i;' 
 college Mr. Harris liegan the study of law af 
 the l:Iar\-ar(l Law S<'hoiil and in the otiiee of 
 lion. Hartley Williams, (if W'drcester, and after 
 six months in tlii' foi-mer institution and a 
 yearin thenftiee, he enteri'(l, in .January, Isy."), 
 the Boston I'niwrsity Law School, from \\'hich 
 he was graduated with the lU'gree of LL.l!. in 
 June of the same yeai-. There he was hoth a 
 member of the tirst graduating class and the 
 first among his classmates. During this period 
 and until ('hristnias, isy.'i, he also read law in 
 Boston in the nHice nf Jdhii A. I^oring, heiiig 
 admitted to the Sultiilk har in that month. < )n 
 January 1, ls74, he djicned an otlice in Wor- 
 cester, wlieri' he has ever since practice<l his 
 profession, and w licrc lie has resided since iss:!, 
 when he reiimveil his rt'sidcncc thitlicr tVimi 
 West Bo\dston, \\hi<Ji had lieen his hiiineupto 
 that time. 
 
 As a boy and young man Mr. Hai-ris spcait. 
 his vacations and all his spare time from study 
 in learning thedetailsof manufacturing cotton 
 gooils. He also a(;quired some ex[ieri(.aice in 
 a woolen mill. in both industries he gained 
 a practical aci|uaintance witli every machine 
 fiy actual work thereon, and became thorou.ghly 
 fajniliai' with all brancJies of the busiuess. 
 Since l.SSII he has been acti\"ely cfinnected with 
 large and impoi-tant manufacturing inti.'r<'sts, 
 without, liowe\-er, neglecting his legal practice, 
 which has steadily iiaa'caseil especially in the 
 line of corporation law. .Mr. Harris was elected 
 a director and assistant tieasurer of tla; \\'est 
 Bovlston Manufaetuiing ('ompany in Isso, 
 and in May, Iss;), be suc(;i'eded bis father as 
 treasui-er, tla.' lattei- ba\-ing died tliat year. 
 He still holds this [losition, and since Februai-y, 
 ]s94, has also been jiresident of the' L. M. 
 Harris Manufacturing ('omjiany, of whiiJi he 
 has been a director since its organization in 1 SiH). 
 The extensive property of tbi' first named eom- 
 ]ianv at A\'est Boylston was recently pui'chased 
 bv the Metroiiolitan Water (.'ommission. In 
 
 Worcester Mr. Harris has lieen a direct(ji' ami 
 the solicitor of the Worcestei- Safe L)eposit and 
 Ti'usf ( 'ompany since lsi)l,nnd a dii'ectoi- of 
 the Lirst Xationai l'"ii'e Insui'ance ('ompany 
 sinct' ls;):>, and is now a t,i-ustee of the Wov- 
 cester City llosjiital and a memberof the Woi'- 
 cester School ('ommittee. In West Boylston 
 he was a memliei' of tiie School ( 'omndttee foi' 
 se\-eral years pi'ioi- to Iss-jl, and was mastei' of 
 lioylston Lodge, V. A' A. .M., in ls7;»and IssO. 
 
 HENKY I'. Il.VKKIS. 
 
 Mr. Harris is an able lawyer, well gi-ounded 
 in the science and pi-incipK's of juris}irudence, 
 and successful in both chambei-and court prac- 
 tice. He is especially strong in corporation 
 law. In business, also, be has achieved eijual 
 prominence. He is an ai'dent Bepublican, has 
 always been zealous in t he intei'cstsof bis party, 
 and though oftiai ui'geil fn accept political of- 
 lice has in\'ai'iably declined, preterring to gi\'e 
 bis (adire attention to his legal and business 
 atfaii's. He is a promineiif member of the 
 Llancock Club of Woi-cesfei', and of \arious 
 other organizations. 
 
 Ml'. Harris was mai'i-ieil May 17, ISS;;, to 
 Miss Laiima 1'' ranees Dearborn, the widl-known 
 and tahaited singia'aiid daugbttM'of William 
 F. and Mary J.(llurd) Deaiborn. of Worcestei-, 
 
142 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 Mass. Tln'V luui' two cliildrcii, Ivai'lu'l, honi 
 DeccMnl)cr 11, ISST, and Doiotliy, Ixnii March 
 2-2, l.S9(l. 
 
 A 
 
 LFUEI) S. I'INKERTON, Worcrster, 
 president of the ]\Iassaeliusetts Senate 
 in 1892 and 189;!, is the son of William 
 Cooper and Maria W. (Fiske) Pinkerton, and 
 was l)orn in Lancaster, Pa., March 19, 18.")(). 
 His father, a hardware and iron merc-liant, 
 died in Scranton in 18()9. Mr. Pinkerton at- 
 tended tlie puhlic and hi,t;h schools of Lancas- 
 ter and Scranton until he was thirteen, \\-hen 
 the death of his father thre\\' liini upon his 
 own resources. He then came to Worcester, 
 jMass., with his motlier, and for several years 
 was employed as a hookkeejjer for maiuifactur- 
 in^ concerns. In the mean time he ini]>roved 
 c\vr\ oi)[)ortuuity in private study, readin.i!,' 
 general literature, and, as it were, educating 
 himself. Ahout 1<S79 he became a student in 
 tlie ofiict' of the late Hon. Peter ('. Paeon, tlien 
 the leader of the ^\V)rcester bar, and under his 
 direction gained a substantial knowledge of 
 the \a\\. 
 
 He was admitted to the ^\'orcester t'ounty 
 bar in December, Is.sl, and since tlaMi has 
 been actively and successfully engaged in the 
 general jiractice of his jirofession in ^\'orcester, 
 giving special attention to corporation, trust, 
 and probate matters. Early in his career \w 
 obtained a rt'coguized standing and a good 
 business, and these hax'e steadily increased in 
 scope and importance until he now stands 
 among the leaders of the bar in his section. 
 He has been connected with many imjiortaid. 
 cases, not only in \\'orcestei' county, but also 
 in Boston, where he has ac(|uired a considera- 
 ble jiractice or clientage. His law oHice has 
 bt'cn in A\'orcester from tla.' first. He drew 
 and secured the passage of tlie bill under 
 -which a i'ecei\-er was appointed for the Iron 
 Hall in Massachusetts, and \\ascounsel foi'tbe 
 receive!' until tin' aliiiii's of the ordei' wcit 
 wound u[i. This took him into many of the 
 
 Eastern States and magnified his already estab- 
 lished reputation for ability, industry and good 
 judgrniait. 
 
 in })olitics, being a staunch lve]iublican, Mr. 
 Pinkei-ton has long been acii\ean<l prominent, 
 and for a number of yeai'S has served on the 
 Worcester Republican County Committee, of 
 which he has lieen chairman, and of which he is 
 now (L899) secretary and treasurer. Pie is also 
 chairman of the executi\-e committee of the Ue- 
 ]iublican State Central < 'onimittee. In 1887 he 
 re])resented the old Second waid of ^\'orcester 
 in the Massachusetts Legislature, and was House 
 chairman of the committee on towns, ah^'ays 
 an important place, but this year doubly so by 
 reason of the number of divisions sought, and 
 the magnitude of the contest in several cases, 
 
 .\LFKK.D S. riNKEKION. 
 
 especially those in\-olving the ])etition of IV'V- 
 erly and Medford. As spokesman of the com- 
 mittee on the floor in all the debates in wdneh 
 his measures were in\'olved, he in the lirst ses- 
 sion aequii'cd jirominence in the Legislature, 
 \\'liich he retaincil during his term of ser\-ice. 
 ISeing re-elected to the House for the session of 
 lS8S, he served on the judiciary, constitutional 
 amendments, and special committee to rejire- 
 sent the ( 'ommon\\ealth at the celebration. 
 
BIOGRA PHICA L—MA SSA CHU SETTS. 
 
 143 
 
 lu'ld at Cdlunilius, ()liio, cuniniciiKiraliN-i' of 
 tlK' t'slalilislimt'iil (if the civil ^ovcrnniciil in 
 the North west 'J\'rritory. As n inciiihrr of the 
 House in 1 SS!) lie served on the jiulieiarv eoiii- 
 niittee and as ehairnian of tJie eomniittee on 
 water supply, and was selected to present tlie 
 name of Hon. ( leor^e F. Jloar for renouiination 
 to tlie I'nited States senatorshiji. 
 
 During tlu'sc three years in the Le,<iisla(ui-e 
 Mr. I'inkerton made an exeidlent record ami 
 won tlie honors of a leadi'r. He drew and 
 secvrred the [lassage of many important meas- 
 ures, including the it incrant vendor's ])ill, and 
 was instruiiu'utal in promoting much wdiole- 
 ,some legislation. lii ISIMI. ISiM, Isifi and 
 lS!-);5 he r(.'presented the old I'"ourtli Worct'ster 
 district ill the ^Nfassaidiusetls Senate and dur- 
 ing till' last two years ser\"ed as president of 
 that hodw In IsiM) he was idiairmaii of the 
 Senate < 'ommittee on constitutional aiiicnd- 
 nieiits and a memher of the Jmliciary commit- 
 tt'c. of the ciimmittce on prohate and iusol\-- 
 eiicy. ami of the special committi'e to wdii(di 
 was referred the contested election of (Tcorge 
 D. Hai-t, the first case arising under the new 
 Australian liallot System, a decision wdiich iii- 
 vol\-ed many technical points, and the rule 
 there laid down, that where the wdll of the 
 votercould he ascei'tained without an infringe- 
 ment rif the [ilain pro\-isious of law, such will 
 should usually govern, ha.sheeii followed since. 
 In the session of 1S91 lie was chairman of the 
 judiciai'V committee, tin' highest honor in the 
 gift of the chair, and hy \drtuc of the position 
 the leader of the Siaiatc. lie was also a mem- 
 her of the committee on prohate and insolvency 
 and cluiii'iiian of tin.' joint special committee 
 on administrative hoards and comrnissioiiei's. 
 This committee was <;reated on account of the 
 issues raised hy ( !o\'eriior Russell in his mes- 
 sage to the Legislature relati\'(.> to the composi- 
 tion, powei's and action of \'ai'ious commissions, 
 and this committee made a careful in\'estiga- 
 tion of the entire suhjeet, as did the special 
 committee apjiointed to sit in recess of this 
 Legislature, of which he was also (diairman, 
 and wdiich suhmilted an elahorate re[)oi1 to 
 
 the Legislafui'e next following upon the suh- 
 ject of "clianging, consolidating or aholishing 
 the \arious State commissions." 
 
 In l.s;)-_' and 1.S9;] he was elected prt'sident 
 of the Senate hy the unanimous vote of his 
 associates, Kepuhlicans and I)iaiiocrats alike, 
 and olHciateil with dignity, impart iality, and 
 greid satisfaction. Here he made a rejiutation 
 as an ahle pai'liameutariaii. In l.s;)-i he was 
 cliaii'iiian of llie I'ecess committee ap|ioi]ited to 
 coiisi(k'r the Joint rules and those of tin.' two 
 hi-anches, salaries of memhers, and the ex- 
 penses of the legislative hranches of the 
 go\ernmeiit. The report of this committee 
 constituted the hasis for the pi-es<'iil rules of 
 the Legislature and matei'ially changed the 
 melhods of introducing husiness from that 
 wdiiidi had pre\'iously heen used. In Ist);', 
 he was chaii-man of the s[iecial committee 
 to sit during recess of that hody and to re- 
 \dse tlie general laws relating to corporations 
 other than iiiuuicijial. The elahoi'ate report 
 of this committee presented Xo the succeeding 
 Legislature was the hasis of man)' changes in 
 the corporation acts and of special sei'N'iee in 
 h'amiiig of laws intended to pre\'eiit so called 
 "stock watering,"' and tlii'ow [irojier safeguards 
 hetweeii the people and (puisi puhli(.- corj (Ora- 
 tions. This year he was also appointt'(l chair- 
 man of the special committt'e to represent the 
 State at the dedication of the Farragut statue, 
 and in hotli LS92 and 1<S9.'» was chaii'iiian of the 
 committee to represent the Commonwealth at 
 the opening and other cere monies of tin' World's 
 ( 'olumhian I'jX posit ion. I )uriirg his legislati\'e 
 seiA'ice he was an acti\'e fa<-tor in the pi'cpara- 
 tioii and enactment of a great many hills re- 
 lating to local alfairs. and those relative' to 
 gas, electric light and power, and water: also 
 the frame]' of what is known as the Itinerant 
 \'endol' Ad . 
 
 Ml'. I'inkerton is prominent in the Masonic 
 h'ateriiity, hiaiig past master of Athcdstan 
 Lodg<'aiid a memher of k]ui'eka Loyal Arcli 
 Lhapter, of Hiram ('ouncil, and of Worcester 
 ('oiiiify C'ommandery, l\. T. If is in the 
 councils of ()dd l<"(dlow'slii[i, liow'e\'i'i', that he 
 
144 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 is most widely kiiuwii. He joined Worcester 
 Lodge No. 5(i, l.O. (). F,, in July, 187K, passed 
 through its chairs and was its iiohlc grand two 
 terms in ISSI. lie is past chief patriarch of 
 Wachusett Encampment and a meiriher of 
 Canton ^\V)rcester No. o, and of Naorni Lodge 
 of Itehekah, and was elected grand warden of 
 the Grand Tjodge of (Jd<l Fellows of Massachu- 
 setts in 18<S(), de[)Uiy grand master in 1.S.S7, 
 a}id grand master in l!S«8, heing the youngest 
 man ever selected for that position. He has 
 been a member of the Grand Lodge since LSH:2. 
 Lie was elected representative to the Sovereign 
 Grand Lodge in 1SS9, but resigned before tak- 
 ing his seat, and \\-as I'C-eleeted in l.SfK) and 
 annually thereaftei' until 189(), when he was 
 elected de[)uty grand sire at the National Con- 
 vention held at Dallas, Texas. In August, 
 1898, at Boston, he was electc<l grand sire, or 
 the head of all the ])odies of Odd Fellows in 
 the world. Since 1899 he has been chair- 
 man of the finance committee of the INLis.s- 
 achusetts Cb-and Lodge. lie was a member 
 of the committee reporting in favor of a liorne 
 for the support of infirm and indigent Odd 
 Fellows, which has been estaldished at AVor- 
 cester, and has otherwise aided in s[)reading 
 the good of the order. 
 
 Mr. Pinkerton has ])een in constant <leiriand 
 as a puldic si[)eakei', both during political cam- 
 paigns and on s})ecial occasio)is, and in tins 
 connection is widelv and favoral)ly kno\\'n. He 
 is now serving liis secoiid term as a director of 
 the Worcester I^'ree Pul)lic Library, is vice- 
 president of tlie A\'ildey Savings Bank and of 
 the Middlesex Clul), both of Boston, and a 
 member of the Piepu]>lican Clul) of Afassacbu- 
 setts. He is also one of the oldest nrembers of 
 the LLincock Club of A\'orcester, and an asso- 
 ciate member of the (irand Ai-my of tfie Ke- 
 puldic. As a lawyer, citizen, legislator, and 
 pulilic speakei-, Mr. Pinkerton has achieved 
 distinction and honor. He lias hlled every 
 position with ability. He has ne\'ei' neglected 
 his profession in fa\-or of political or fratei'nal 
 matters, but in all alike has aehic\'cd success. 
 He is unmarried. 
 
 THO:\rxVS F. (JALLAGHEK, judge of the 
 IVjlice Court of P"itch])urg, Mass., is 
 a native of Lynn, Mass., and a graduate 
 of the puljlic and high schools of that city. 
 After ])ro]ier prejiaration for college, he entered 
 Notre Dame University, at South Bend, III., 
 from whieli he was graduated in the class of 
 187(J. Returning to Lynn he .studied law with 
 Hon. William D. Northend, of Salem, and in 
 Octol)er, 1878, was admitted to the bar. From 
 that time until Decemljer, 1881, he had his 
 
 THOMAS F GALI.AIIHER. 
 
 oHice ill Lynn, wdiere his excellent legal a])il- 
 ity and conscientious devotion to his })rofe8sion 
 gained prompt recognition. In Decemljer, 1881, 
 he settled permanently in Fitehliui'g, Mass., 
 where he has since resided. For one year from 
 September, 1886, -ludge Gallaglier \^•as asso- 
 ciated in business with the late .lolin \V. Walsh, 
 whose death dissoh'ed the firm. During the 
 remainder of his }>rofessional career he has 
 practiced alone. In 188-'! and 1884 he served 
 as clerk pro tern, of the Fitehburg Police Court. 
 In May, 189'2, Mr. (iallagher was appointed 
 judge of the Fitehburg Police Court, succeed- 
 ing .ludge Thornton K. Ware, removed bv 
 death : in this position Mr. (iallagber lias 
 served since with commendable efficieiicv. 
 
BIO GRA PHICA L . —MA SSA CI J USE T TS. 
 
 U5 
 
 A rcrs'rrs 
 
 rcrs'rrs loiu) sorLi':, win. was un- 
 
 ars an lionoivil iiK'iiibcr of 
 the IlauijHleii county har, \\as liorn in (he 
 villauc of IvxctiT, X. II., and dii'd August 
 '!■'), fSST. He was a son of I)r. (ddcon 
 Sonic, who was many years ])i'inci|ial of 
 Pliillips AcaiU'uiy in I'jXctcr, in wliicli insli- 
 tution the son was (ittiMl for eoUeue. I'ailei'- 
 in,U' Har\-ard in the class of ls4(i in itssoph- 
 oniore year, lie i;raihiate(l with credit and wiih 
 such men as ( icor^c !■'. Jloar, Charles I\lio( 
 
 ALGL'STUS I.. SOUl.K. 
 
 Nortcin ami J'rof. hrancis J. Child. Ilar\ard 
 Law School was then under the dii'cction of 
 Chief Justice Joel I'ai'kei', 'idiefi[)hilns I'arsons, 
 and other noted insd'uctors and yinnii;' Sonic 
 began his law studies there. Frf)ni there he 
 went to Sprinnticdd, conlinue<l study in (he 
 office of ( ieoi-^c \\'alkei-, and was adnii(le(l to 
 the har in 1.S4;». lie het^an practice in ('hico- 
 pee, but aftei- two years of acti\dty in that \il- 
 lage he settled in Springfiidd as partnei' w ifli 
 Timothy <i. I'elton, who was admitteil one 
 year earlier than himsidf. A few yeai-s later 
 Mr. Pelton went to New Yoi'k and Mr. Soule 
 continued alone nihil ISfiO, in wliitJi )'ear he 
 formed a fortunate hu.siness connection with 
 .John \\'ells, then a leading member of I he 
 
 Hampden har and a man of slei'ling (jualities. 
 This partnership colli i lined until Mr. W'ell.s was 
 appointeil to the Su|)renie Judicial (jourt of 
 Massachusetts in ISIKi, Ihc lirm being mean- 
 while entrusted with many \'ery iin])ortant 
 cases. In the celehraled case of the ( iroN'Oi' it 
 fiaker, the WMicclcr t^' Wilson, and the Singer 
 Sewing ]\racliiiie ('ompanies, in (•ombination 
 against the I'dorence Machine t'ompany foi' 
 inh-ingemen( of |ia(eiits, ibis firm was iv1aiiie(| 
 for the defeiidanl. The damage's (daiined 
 amounted to bundi'cds of (liousaiids of dollars, 
 with a lai'ge (da iiii in oll'-sel h\- the l'dor(.'nce 
 ('laiipany. The case weni h) (he I'nihMl 
 Shites Su]>reme ('oui'l and iiltimatcdy was de- 
 cided for tln' defeiidaiiiS with (he allowance 
 of about eight V thousand ilol lars of tlicii' claim 
 lor otl-set. Jdiis was the beginning of a ]>al- 
 ent jjracticc wdiidi contimied to increase in 
 magnitude and iirofit to (he liiaii until Mr. 
 S(]ule went upon t he bench. 
 
 In bsyn Mr. S(Kile formed a pai'diej'ship 
 wi(h Iv II. Lathrop, wdiicli continued until 
 bsy."), after wdiiiJi the lale .ludge Buckland, of 
 Ilolyoke, was Mr. Soule's pai'tner foi' a slioiJ 
 time. In .March, 1.S77, (io\'ernor Uice ap- 
 pointeil ]\lr. Soule a .jndge on the Sujireme 
 bench. The salary at I, aching t<i this honorable 
 office was $(),()bl), hut in (he spring of iSSl, 
 wlaai the lioston and Albany Kailroad ('om- 
 pany created a law department, Juilge Soule 
 was in\dted to become its head at a salary of 
 $9,0(M); he accepted the position, as he felt 
 iiii[)elled to do foi' the fulurc pro\dsion for his 
 family. He r(aiio\'e(l to I'xiston and tlu're 
 opened an office. The business of the railroad 
 coi'poration soon absorbed all of his time and 
 he reliiujuished general [ii'actice. He was thus 
 occui)ic(l at tlie time of his death. 
 
 Judge Soule had little taste and was not 
 litted for acti\dty in the )>olitical fiehl, in the 
 [lopular sense ; he reprcsiaitcd the city in the 
 Legislature in m7;'>, and was a. candidate in 
 the ( 'ongressional (Jonveiifion of LS7<i that 
 nominated ( Jeorge D. Uobinsoii. He possesses I 
 literary attainments of a high (trder and was a 
 thorongh student of the (Jassics. As a spcakia' 
 
146 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 ]ie was impressive in liis earnestness, exact in 
 liis statements, hut laelved the personal magnet- 
 ism tliat s\va)'s hirge audit'iices. It was writ- 
 ten of liim at tlie time of his death 1)y one wlio 
 knew him well that "he loN'ed the law, he 
 A\'as lifted for the law, and to it he ekiiig to 
 tlie exclusion of })i'etty much all else. He 
 never took the |)irttlic into his confidence. To 
 most men he appeared haughty and distant, if 
 not positively brus(jue; to his most intimate 
 friends alone did he throw off the cloak of re- 
 serve and appear the warm-hearted, high-bred, 
 genial and sturdy friend, ready for a gooil- 
 natured contest of repartee, enli\'ened Ity the 
 fittest word of Horace or some English classic. 
 The workings of his mind were ([uick, accu- 
 rate, and })enetrating, l»ut his maimer (diilled 
 a juiT. His arguments were thorough, log- 
 ical and profound. ddie>' rarely failed to con- 
 vince the learned judges, hut they seldom im- 
 pressed the twelve men in the Jury ])0x. . , . 
 .He could not bring himself into (■i)mplete 
 sympathy with them. They were to him tlie 
 strange puljlic. He could not wear his heart 
 upon his slee\'e even for a moment, lie dis- 
 dained tricks or artifice to catch their favor. 
 tSo he argued his (.■a.ses coldly, exactly, tlioi'- 
 oughly, always as if to a ben(di of judges, 
 nevei' as if to ordinary oi' unlettereil men. 
 And yd among his friends lie would iiistanth' 
 unljend and liecoiiie one of the jolliest and 
 wittiest of the company." 
 
 •ludge Soule |)Ossessed a mind of large cali- 
 bre and extreme keenness. He was studious 
 by nature and by lialjit. His early practice 
 was largely in the office, giving him ample 
 opportunity for eijuipment with legal knowl- 
 edge. The activity and directness of his mind 
 was evinced in his published 0})inions; which, 
 while seldom long, and possildy failing to dis- 
 close great research, gi\'e (dearly and concisely 
 the decision and its reasons. He })erformed 
 his judicial labors with comparative ease, and 
 doubtless it w'as in that capacity that he found 
 his trreatest material satisfaction. 
 
 AMASA NORCliOSS, A. M., of Fitch- 
 burg, IMass., was born in Rindge, X. IL, 
 •January 'IV), l.S:^4. His father, Daniel Nor- 
 ci'oss, was a farmer in New Hamjtshire, and 
 was the grandson of .leremiah Xoi'cross, the 
 immigrant ancestor of tlie family, who ai'ri\ed 
 in this country in the year 1 ()42, and settled 
 at W'atei'town, ^Nfass. Daniel .Norcross was a 
 man of sterling integrity, a large landholder, 
 and the incumbent of many offices of honor 
 and trust. His wife, .Mai-y .lones, was also a 
 native of New JIampshire. 
 
 Amasa Xorcross received an excellent aca- 
 demic education, first in the academy of his 
 native town, and sul)sequently in a similar 
 
 AMASA NORCROSS. 
 
 iiislitutioii in New Ijiswicb, .\. II. Selecting 
 the profession of law for {\\v lite exercise of his 
 talents and energies, in 1S44 he became a stu- 
 dent in (lieoflice of the Hon. Xathaniel ^\'oo(l, 
 of Kitchburg, and in 1.S47 was admitted to the 
 bar. broiii that time forward he pursued his 
 professional labors in bitcliburg, and for many 
 years was a recognized leader of the legal b'a- 
 teriiity in that section of the State. 
 
 In 1S.-,S, l,s,-,i) and lS(i2 .Mr. Xorcross was a 
 member of the Massachusetts House of Rep- 
 resentatives, having been cdected thereto on 
 
BIOGRA PHICA L.—MA SSA CH USE TTS. 
 
 147 
 
 the ItepuKlican ticket. In 1 S-l.S he was a 
 mcmlier of tin- comuiitti'e of pi'dliate iiinl cliaii- 
 cevy, of wiiicli (Jox'enior Andrew, then a nuan- 
 ber of the House, w as eliairnian : and in l.s.")!t 
 and 1<S():^ he was a meniher of the judieiai'v 
 committee. In August of the last named year 
 he was a})pointed hy President lancoln, rnifed 
 States assessor for the Ninth ( 'onj^i'cssional (Us- 
 triet of Massachusetts. The district was lai\ue, 
 conn)risin,n' se\-ent\'-t\\(> to\\iisln])s. He lilled 
 the office with signal ahilily .and satisfaction 
 foi' ten years, and until tlu' ofHce of assessoi- 
 was al)0lished l)y act of ( 'onuress. Jn iSd'itlie 
 authorities of Hartmoutli ('ollege coid'erix'd 
 iH)on him tlie dej^ree of Master of Aiis. 
 
 in the session of Is.'il), Mi. Xorcross was a]i- 
 pointed a mendier of tlie joint coinniittee of the 
 Senate and House of Rc]iresentati\es to ex- 
 amine and amend tlie I'eport of the conmns- 
 sioners appointed to co(lify the laws of the 
 Statt'. He L;'a\-c to this work his entire atten- 
 tion for se\'eral months, when report was made 
 l.iv the committee to the adjourned session of 
 the Legislature, held in the autumn of that year. 
 U])c:)n this committee were sevia-al distinguished 
 hrwvers, amon^ whom were (len. ('aleh ( 'ush- 
 iiiii' and ( ien. lienjannn 1'^. liutlci'. In 1S74 
 he \\'as a niemher of the Massachusetts Senate 
 and chairman of the judiciai-y coiinuittee of 
 tliat hoily. He was also (diairman of the com- 
 ruittee on Fedci-al relations. To him was as- 
 signed the honor of drafting the I'cport which 
 recommendeil i-escinding the resolutions of 
 censure upon Chai-les Sumnci' wdncli ha<I heen 
 passeil hv the Legislature of Massachustdts. 
 Previous efforts to i-elieve that distinguished 
 statesman from that l)Ui'(h.'n had faileil : this 
 succeeded. The rescinding i-esolutions rea(died 
 Senator Sumner at W'ashinghm a few days 
 before his death, and doubtless contributed 
 materially to .soothe his last luau's. 
 
 In the fall of DSTG Mi'. Xorcross was elected 
 representative to Congi'css on the Republican 
 ticket, over his political opponent, S. O. Lamb, 
 of (Jreenficld. In 1.S7.S he was electeil a sec- 
 ond time over the candidates of two political 
 parties, and was again elected in LSSO. In the 
 
 scN'ci'al con\'eidions I'csulting in his nomination 
 and ele(_'tion he was always supported by the 
 better elements in his pai't\'. 
 
 Local affairs always recei\'ed a pro[)oi'tionate 
 sliar(^ of Ml-. Xoi'ci'oss's attention. On tlie or- 
 ganization of the city of l''it(diburg, in LsT-'!, he 
 receix'cd the honor oi' first (de(dion to the may- 
 oi'alty of the new (aty. He was re-elected the 
 following yeai'. In the adnnnistration of its 
 afiVui's bis e.\ecuti\a' ability was iua,rke<I. He 
 was a directoi' in the LoIIstone Xational Dank 
 of I<dt(ddiurg, \\'or<M'ster Xortli Savings Insti- 
 tution and in the Lit(diburg i'^ire Insurance 
 ( 'ompany. 
 
 The interest of .Mr. Xoivross in bcnevobait 
 and educational institutions was always decji 
 and c<instant, and be accomjilisbed much for 
 tluai' aih'ancenient. He took an active part 
 in oi'ganizing the Litchhui'g J>ene\'oIent Lnion, 
 was its first president and one of its life mem- 
 bers. Lor many years be was a trustee of the 
 Lawi'(aice Academy at (ii'oton, Mass. By act 
 of the I^egislature of Massachusetts he was 
 made mie of the oiaginal iu(.'mbers of the cor- 
 poration known as ('ushing Acadtany, located 
 at Asliliurnham, and by the same act was des- 
 ignateil as t lie meml n-r autborize(l to call the 
 lirst mi'eting of the trustees. He contrihuteil 
 largely to the organizing and building uj» of 
 this now fi<iurisbing acad(an)-. I<^.)i' more than 
 thirt\' \a'ars the labors of Mr. Xorcross connected 
 with bis large legal jiractice were arduous and 
 continuiais. 
 
 Li June, \>^^>'l, be was mari'ieil toS. Augusta, 
 daughti-r of Liaijamin and Rebecca \\'allis, of 
 Ashby, Mass. She died March 4, 1 «(i!». Mr. 
 Xorci'oss died Aia-il 1, l''^'*''^- 
 
 JOHN SFAVLLL ({OLLD, Worcester, the 
 youngest son aii<l only sur\-i\-ing idiild of 
 Lucius A. and Sarah Ward (Riper) Oould, was 
 hoiai in Weston, Windsor ciainty, W., Lecem- 
 hei' '.*, LsTji;. He is descendcil in the eighth 
 genei'ation h'om Zacidieus (!(add, of llemid- 
 hempstead in ISuckiiighamshire, I'higland, who 
 
148 
 
 THIL JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 came to iVnu'i'ica about l(i;').S ami settled in 
 that part (it Salem that is now Topsfit'lil, 
 Mass., where lie dieil, Ijeiii"^' a lai'^c lamlowuer 
 and one of the first to interest himself in the 
 ii-on industry of this eountiy. Back of him 
 the<T()nld lineage in P]ngland is traeed some 
 five generations, or to ahont 1 4oo. Mr. ( ionld's 
 great-grandfather, Oliver (lould, of Kinilge 
 (now Ivist .laffrev), X. IL, served in the war 
 of the Revolution and especially in tlie expe- 
 dition airainst Tieonderosj-a. His "randfather 
 
 J01I.\ 5. GOULD. 
 
 Sewell (ionld, son of < )li\-(_']-, \\-as horn in 177(), 
 lived in Ivist JatfVey, X. II., and died in l.s2(;. 
 ( )ii his iiK.ither's side he is also of l-aiglish de- 
 scent, her ancestors heing traceahle to the time 
 of the War of (he Iloses. Coming to America 
 they first settleil in Massachusetts and finally in 
 Weston, \'t., wliei-e she was hoi-n, the daugh- 
 ter of John and Hetsev (Ueeil) l'i|)er. She 
 died .Inly 7, 1.S7.']. Lucius A. (iould, liei- hus- 
 hanil, and the father of the suhject of this arti- 
 cle, was horn in East .Jafli'ey, X. II., in ]S2], 
 moved to \\'eston, \'t., in 1 S4.S, at the time of 
 his marriage, ser\-ed in the \'erinont Legisla- 
 ture', and died in Weljster, Mass., April ] (i, 
 L'^itO. l-'or many years he was supeiintemlent 
 
 of the Keystone Bridge Conqiany i^f I'itts- 
 harg. Pa. 
 
 •John S. ( Jould attended the public .schools 
 of his natix'e tow n until he reached the age of 
 nine, when he remoxed with the family to 
 Pittsburg, Pa. There he attended the jiublic 
 and jirivate schools foi' se\'ei-al years, ac(|uir- 
 ing a good iiractical edu(,'ation, and laying the 
 foundation U[)On which he has built a success- 
 ful career. When nineteen he returned east 
 and in Ls.SO entered the Pxiston I'niversity Law 
 S(/hool, fi'om ii\dn(di he was graduated with 
 the <legret' of LL.1>. in lss;i. Lui'ing a por- 
 tion of ISSl and LS.S2 he contiimed his legal 
 studies in the office of Hon. (iilman Marstoii, 
 of Ivxeter, X. IT., and was admitted to the Suf- 
 folk bar in I5oston in .laimary, LS.S4. Ill 
 health, which had, since his return east, inter- 
 fered with his studies, now pi'actically incajia- 
 ciated him and he was cnmjielled to delay the 
 work for which be had (itted biiuself In Xo- 
 vemln'r, 1<S87, ha\-ing jiartially reco\'ere(l, he 
 openeil an office in A\'ebster, Woi-(;cst(.'r coun- 
 ty, .Mass., and began the acti\'e praciici' of his 
 jirofession. lie soon had a sueci'ssful business. 
 As a lJej>ublican be als(j took an acfi\'e pai't in 
 politics, sei'\'ing as a memljer of the Uepubli- 
 f.-an Town Corrnnittee and foi' three yt'ars as a 
 member of the ^W'llster School Hoai'd, of which 
 he was one year chairman. He also acted as 
 counsel for the town, a I'l/lation he still main- 
 tains, and was counsel for the Lirst Xatioiial 
 Bank of Webstei- and foi' the \\'ebster k'ive 
 ( 'ent Sa\u]igs liank. 
 
 On the 1st of .July, 1S!)7, Mr. Could re- 
 mo\-ed his ofH(.-e and residence to Worcester, 
 where be has increased the rejiutation be had 
 alreaily estaldished, and where be has won 
 high rank among bis associates. He has from 
 the first de\T)ted biiuself to a general law prac- 
 tice, which has ilevelope(l largely in the line 
 of ei|uity, probate, and real estate causes. One 
 of his most noteworthy cases is that of II. X. 
 Slater vs. .lobn Cunn et al.. 170 Ma.ss., oOf), 
 wdiicb involved the construction of the colo- 
 nial ordinances of 1(J41 and 1647. In this 
 ca,-:e (piestions of law, of great practical inqior- 
 
BIO GKA PHICA L . —MA SSA CH USE TTS. 
 
 149 
 
 tancc, not pri'\i()Usly adjudieatiMl in Massacliu- 
 .setts, n't;:inliiii;' flio vii^lits of the [)ulilic in lanil 
 
 ^fi'. Stiles is a i;c|iiil)Iican, lait lias lidlu 
 ]»ilitical aspii-at i(in, and lias adlici'cd cldscly 
 
 lying adjacent to t;reat [xinds were raised and to liis large professional Imsiness. Aside from 
 settled. This t'ase, in winch ^Nlr. (lould a|>- st'r\ing on the Kejinhliean d'own ( 'oiiiiiiiite(>. 
 peared for the defendants, attracted wide at- he has li(dd no pnlilie oMiee. In the fall of 
 
 tention, and won for him additional recogni- 
 tion as a lawyer of marked ahilit\' and skill. 
 
 1 cSDS he \\-as eandidale t'oi' district attoiaiey foi- 
 (lie Middle distriel hid l'aile(l of (he nominadon 
 
 He is a puhlie spirited citiziai, a memher of l)\- a remarkahh' (dose \i\\v. 
 
 the ( 'ongregational clinreh. a wise counselor, a Mr. Stiles h;is hccome iidei'csted in hiisiness 
 
 sti'ong aihaicate. and a man of (■nergy and all'airs outside of his profession and is now 
 
 (diaractei', enjoying the res[)ect and confiiUaice 
 of the entire connnunity. 
 
 Mr. (iould was married No\'(.'mln'r (J, ISS!), 
 to Ida ^lay Holt, daughter of Reuhtai L. and 
 Sarah ])odge (I'^irnum) Holt, of Boston, Mass. 
 She died ()cto))er S, 1 Si-l:!, lea\'ing one son, 
 Charh's Holt (louhl, hoi'ii the same day. Sep- 
 temher ll', IS!)."), Mi'. (_iould was mai'ried to 
 ]Mary A., daughter of ^\'illialll and Mai'gai-et 
 (Uankinc) Warren, of Huhhardstoii. Mass. 
 Idiev hax'c one daughter, Sarah W'ai'd (iould, 
 liorii I )ecemher S, 1 S!)(;, 
 
 trcasui'cr of the (iardnei' (ias, l'\iel and Light 
 
 TAMi:s AKTlin; STJLES, a proiiiineiit 
 ?_J attornex' of (iardin'r, Mass,, and |iar(ner 
 with Ivlward I'. I'i(.'rce. of Kitchhurg, was horn 
 in tin.' latter city Septeniher 1, 1 .S.""!."). His 
 father is .lames V. Stiles, a iiK'rchaiit in fdiidi- 
 liurg of fifty years standing ; his modier was 
 Ann Maria Works, of I'dtchhurg. They had 
 two (diildren, (he sul>jeet, and Wald.'l' l'\ S(iles, 
 \\dio is (reasurer and manager of the ()rs\\'ell 
 Mills and (he Xockogie Mills in Kit(dihurg. 
 
 .himes A. S(iles \\ as graduated from the high 
 school in ]<^itclihurg and entered Har\'ard in 
 the fall of Isy;;, graduatin.n' in .luiie, 1S77, 
 with the degree of A. 1!. He hegan his law 
 study in the oflice of 'J'orrcy tV: liailey, in 
 Fitclihurg, and was admitted (o (he harin 
 .June, l.SSd. I'h-om that time to Api-il, l.S,S-_', 
 in order f(i further Ht himself foi' professional 
 life, he continued study in the office of Edward 
 P. Fierce, in Fitidihiirg, and on the date last 
 named formed (he law partnership which has 
 continueil down to the present time. 
 
 J AMICS A. STILES. 
 
 ( 'om])aiiy, (he ( iardiier ( 'o-operatiye Bank, the 
 Oardner I'dectric S(ree(. Uaihx'ay ('ompany, 
 the ( iardner, AVes(miiis(er and I'^itchhurg St ret' t 
 Uailw-ay (jomjiany, second xdce-president of 
 (iardner Home for Fddeiiy IV'Ople, vice-]iresi- 
 dent of the Li-yi Haywood Memorial lahrary 
 Association, and first special justice for (In' 
 First Distrii'l ('ourt of Northern Worcester. 
 He is cinnisel for all these institutiiins. Mr. 
 Stiles's legal ahilily, his industry and /.cal in 
 the interests of his (dieiits, and his puhlie sjtirit 
 in promoting (he prosperity of the city in 
 wdiich he li\'es, are fully reeogni/.ed hy the 
 community. 
 
 Mr. Stiles was married .lune !*, Issy, (,o 
 Mary Li/.zie Faiierson, ol ('laremoid, X. IF, 
 
150 
 
 THE JUDICIARY AND THE BAR OF NEW EXGIAXD. 
 
 (launiitci- of Jdliii T. ami Mary ( \\'liiliR-y) Em- 
 erson. Slie (lied May l.S, LS-SS. He uiarried, 
 second, on Au.mist 1, lS9o, Alice Lcviiia 
 Bent, r)f Gardner, dauiilifer of C'liai'les ( ). lient. 
 He lias one son liy the tii-st wife, .IdIiii I'jniei'- 
 son Stiles, and a dau^liiei-, l']li/.alietli, 1)>- tlic 
 second wife. 
 
 H (■(;(.) ADKLAUl) DTJU-f^rE. nieniher 
 of tlie liar of ISristol couii'iv, Mass., was 
 born in ('anada, Xo\-eniber .'!, ls.14. and is a 
 son rif Moist- and J-]silier (Malliien ) Dnlai(|ue. 
 His ni-anduiKde was founder of L'nlaKjue, Iowa, 
 wdncli city took his name. His father was 
 one of the early ex])lorei's ;ind jiioneers of 
 wdiat was then the far west, livinLi' in ('ali- 
 
 IILGO A. iiUi;i;euE. 
 
 forina and Mi)idana fidiii ls4f) 'kj IS-Kl; he 
 died in St. Louis, Mo., wdiile en his relui'n 
 froiu a Journey (n .Mfadana in Isi;."). 
 
 Hu^o A. ]'iihn<|ue ohtainc-'d his )ii-e]jai'alor\' 
 cdueatiiin in the coiinuon schools and was 
 ,uraduali.'d fr<iiu the (V)lleL;(.' of St. Ilyacinlhe, 
 r. '^., in the (das- of ls7(i. In ||||. same yeai' 
 he went tn "bruy \\h(_'i'e he was em ] )loye(l M \\-^,\ 
 rnonths in a shoe store, ;uid in the fall f>f that 
 
 year settl(.'d permanently in I""all i;i\ei-. I)nr- 
 in,!4 ahoul three years' employment as clei'k in 
 a j^rocci-y and <lruL; stoi-e he a[)plie(l }iims(df 
 ililiyently to study in [)i'e|)ai'ation for entci'lnn 
 the Boston rni\'ersity Law School, in \\hi(di 
 iu.stitulion he fim'shed the full course and 
 graduated in ls77, with the degi-ce of LL.H. 
 He was adndited to the iSristol county bar in 
 the same year and began the practice of his 
 profession in ball bi\'ei', wIkm-c he has since 
 won the foremost position as an attorney of 
 French descent and the confidence and esteem 
 of the comnuinity at large. He has served as 
 honoi-ai'v [)resideni of the Cercle Salabei'iw, a 
 literary society, and of the Ligue des I'atrioles, 
 a l)ene\-olent oigaiiizatifin. He is an aefi\-e 
 Repuhliean and possesses large influence, [lai-- 
 ticulai'ly among the numerous faiinli(.'s in Fall 
 liiver ()\ his own nationality, w hose ad\'ance- 
 ment in eilucation, morality ami industi-\' has 
 always recei\-ed his soliciimis watchfulness. 
 
 He sci'N'cd as a membci' of the School 
 13oard b-orji Iss;! (o Is.si) and in the latter 
 year he was in the State Legislature. To this 
 office be was again chosen in ls97 and l.s9s, 
 ser\"ing three )'ears as a nK.'iidierof tln' coiiniiil- 
 tee on the judiciary. He is the author of the 
 so-ealled I)uhu(|ue law. a measui-e of almost 
 startling: impoj-t. the working of wbieh is 
 awaiteil with deep iiiieivst tbi-ougboui the 
 State. Its purjiosc is to faeilitate the collec- 
 tion of debts, and authoi'izc- the courts to in- 
 (|uire into a man's cii'cumstances ami income, 
 and to ordc]' him to pay accoi'ding thereto. 
 Ml'. DuhiKjue is author also of a " Llistoi-ical 
 Sketch of French < 'anadians," and of an artiidi- 
 on the same subject in the French languace in 
 the "(Juide Caiuidien Francais" in Fall l;i\-e|-. 
 
 On Ma>- 1-"), IssL Mr. I)ubu<|Ue was niar- 
 I'ied to Anna M., daughter of William and 
 Abbie (Maley) t oughlin, of Fall i;i\-er. 'Jdiey 
 lia\'c^ three daughters. 
 
 SAMFFL TOHFY FIFLD. one of the .dd- 
 esl aU(j]'ney> of Franklin countv, Mass., 
 and a lesident of Sherburne J'^alls, was born in 
 
JilOGK. I PHICA L~MA SS. \ CHUSE ITS. 
 
 15L 
 
 llawk'v, Franklin counly, April i!(), IS^^O. 
 The family is (k'scmdcd tV<ini lMi!j,lisli ances- 
 tvv, tlnw ininiin'rants nf ihc name coniini;' 
 ON'ev oavly in \\w history of thiscimnlrw Sam- 
 uel T. Kii'ld Htte<l for collci^x' a( Ivisthanipton, 
 
 and Hani[)d('n coiuily t lircc years. lie is now 
 president of the hoai'd of tinis(ees of Ai'nis 
 Aeadenry in Slielhunie I'^ails, a tmslee of iVrms 
 Jjihrarv, and was formerly one of the dirt'etors 
 of the Shelliurne I'^alls Xatioiial IJank. In 
 these various ])osilions he lias ai-<juitteil Inm- 
 self in a. worthy ami etheieiit manne]-. 
 
 ^[r, Field was mai'ried in Is.")!; jo Mrs. Sai'ali 
 Sinith, dau,i;htei' of I )ea. Xailiaiii(d hanison, of 
 Shelhurne P^dls. She died in l''elii'nai'y, 1 .S71 . 
 lie married, seeoud, in -lune, 1 sy;;, .Mi-s. Snsan 
 P]. (Smith) Loi:)mis. Tliei'e wei-eeinht (ddldreii 
 hv the tii'st wife. 
 
 HKXKY MEia'IX ITFFFd;, altoiney 
 of shelhurne Falls, I'^i'iniklin county, 
 Mass., was horn in ('oleraine. .Mass., on .lan- 
 uary 1, is;;.!. He is a son of Dr. ( 'henery 
 Puffer, a uati\'e of Sudlini'y, a i^i-aduate ofllar- 
 X'ard Me(li(.'al School, wdio [)ractieed during;' his 
 life in ( 'oleraine and Shelhui'ne Falls, ami died 
 
 SAMUEL 1-. I-IELII. 
 
 Mass., and was ni'adnaled li'om W'il liams ( 'ol- 
 les^e in lS4S. with hii;h honoi's in maihemat- 
 ics. Aftei'alHUiL i.'iLihi naail lis of la w study in 
 (.treeufield, l"raid<lin couidy, .Mass., he launht 
 in an aeadem\' in Xew .Icrsey iwoycai's. This 
 was followeil hy a slioi'i |ie|-iod of icaidiinti' in 
 a select school in Heath, Fraid<lin couidw at 
 the conclusion of \\hi(di lie I'litei-cil Yah' Law 
 School. Six months lati'r lie wasadmilte<l to 
 the har thi'ounh an e.xaniiiiai ion and at once 
 opened an ofH(;e in Shellmi'iie Falls \\hi(di has 
 evei' since heeii his home. For nearly half a 
 centorv })ast Mr. Field has heeii pi-omimait in 
 the Franklin c(unity l>ar and will soon lay 
 down the hui'ilens of acareei'lhal haslii'cn 
 honorahle and successful. 
 
 Ml'. I^ielil is a ];(-'pnhlicaii and hiswoi'th has 
 heeji reco^'uized in tln' cijuiicils of his jiai'ty. in the lattei' N'illa.nc Maix-h 7, I.S.IT. His wife 
 He served six years on the S(diool < 'ommittee, was Lucy (Thomas) ,\ Ideii, a dii'ccl desc(aidant 
 was in the lowei' house of the State Legislature of John Aldeii, the Puritan, \\lio came o\-er in 
 in 1.S55 and a,i;ain in LSIIS, ami was distia'ct the MayMowei'. She died in Sliellan-ne Falls 
 attoruev in the district c()mpiasing Franklin Decemher .•SI , IS!):^. 
 
 HEiNKY M. I'Ul'l'EK 
 
]o-2 
 
 THE JUDICIARY AXD THE BAR OF NEW ENGLAND. 
 
 Hi'iii-y M. I'uttri' jiivi>are(l fm- cnlk'nc at 
 Franklin Acadtany in Slu'lhurnc Falls and was 
 ^railnati-'d tVdni it in ISod. lie then taitfivil 
 KoclK'ster (X. Y.) rniversity, and was grad- 
 uated in IStjO with the de.aree of A. B. He 
 pursued tln' study of la w in the Alhany (X. Y.) 
 \a\\\ Srliool, tV<iiu \\-hich he graduated in iSlil. 
 He finisheil his study in tlie ufticc of 11. 15a I lard, 
 in the villa^' of Lei'oy, X. Y., after wln(di In.' 
 went to ('liieaii'o in the hardware husiness and 
 wdnle there jiut on the first Yale loek in that 
 eity. He left there in ls(;4 for Hilton Head. 
 S. ('., whrre he had (diariie of a lai'^e ])lanta- 
 tion one year. This was followed Ity a year 
 in I'jiizalirth. X. .1. Jii ls(_i(; he rnaia-ieil Mary 
 E. Field. Ill' Hudson. Mich., and in tin.' fullow- 
 in^ year he settled pernianently in Slielhunie 
 Fallsanil was adnntted to the har. Ml'. I'ulfia' 
 has he(_ai in a(/li\'e prai/tiee since and cai'rieson 
 an insurance and real estate husiness. He is 
 Well kniiwn and thor<iuuhly respeeted through- 
 out {''ranklin countw Heisa Uepuhliean and 
 ,ser\'e(l se\'en years on the to\\'n School Hoard, 
 and as chief enc'iiK'er four years. Heisa niem- 
 l.er.if ];ei;i I'hi Chapter of the D. K. F. society, 
 and iif the IJaptist church. 
 
 WIFFIAAL IIFX1;Y FoX, ailorney of 
 'i'auutou and juil.c'e of the First 1 )is- 
 triet ('ourt of ISristol cornily, is a son of Ihairy 
 Hodees i'^ix and Sarah Ann Huri. and was 
 hoi'u in I'aunton, Aueust j!!», Fs;J7. His 
 erandpareiits on Imlh sides trace their ani/es- 
 tr^■ hack to almost the first settha's in this 
 eountry. Anion" them were 'Jdaarias j-Vix. 
 ■who sett k'(l al ( aiiihiidee in Ki.'JT ; \\'illiam 
 Hodges, settled in Boston in llj.'i.'l: Kiaielm 
 "Winslo\\', hrolher of Edward, settleil in I'lym- 
 outh in l(i29: and Uiidiard liurt, \\ ho w as one 
 of the N'ei'v early settlei's in Tauidou in Iti-'Ul. 
 From these anei'stors lia\"e sprune- many repu- 
 tahle families anione- (he inemhers of wdntdi 
 vere men conspicuous for ^ood deeds and 
 sturdy native ahility. 
 
 A\'illiam H. Fox prejiaieil himself foi- eol- 
 
 legX' mainly in the public schools ami ej'adu- 
 ated from Harvai'd in IS.YS. Takin.i; up the 
 studv of law he jmrsued it witli ai'dor and wa.s 
 admitted to the bar in 1861. From that time 
 to the present he has been in practice in Taun- 
 ton. «'here his ]iosition at the har and in the 
 judieiar\' is an honorable one. in January, 
 iSfio, he was ai)pointed justice of the Munici- 
 }>al Court of Taunton, and ten years later, in 
 ]S75, he recei\-ed the appointment of juilge of 
 the First District Court of JSristol couidv, an 
 
 WILLIAM H. FOX. 
 
 office the duties of which he lias discharged 
 with ahility and <a-edit to himself ever since. 
 •fudne Fox is a Republican and in IST-"! \\'as 
 elected ma>'or of Taunton, and ea\'c the com- 
 rnuniix' a \'ie-orous and satisfactory administra- 
 tion. He has beiai a trustee of the Taunton 
 Public Library for twenty-Hve years and is 
 vicc-jiresident of the Bristol (Yiuutv Savings 
 Bank. Tlie cause of public eilucatiou has had 
 the benetit of his aetix'e interest manv veai's 
 and he has long ser\-ed as a trustee of \\'heaton 
 F(aiiale Seminar)' ami in a similar capacit'^• in 
 the direction or management of \'arious bene\"- 
 oleiit and literai-y organizations. His influ- 
 ence in (he crunmunity has alwavs liecn ex- 
 erted for the right and he enjoys the whole 
 
BIO GRA PHIC. I L—AL I SS. I CH USE T TS. 
 
 153 
 
 fontideiu/c of tlu' cdiiiiuuiiil y. < )n the hciich, 
 \\'liile t-ai'i'ful aiul ronsciA'alixT in juil^iiK'iit, 
 liis decisions lia\-e ln'i'ii ])roiii[>l and cilcctivc. 
 
 RUKUS CIIOATI-:, Id.d)., IJoston, st I 
 not only at the head of the New Imiu- 
 land Ijar, l)ut was one of the gi\'atest. and most 
 eminent lawyers Anierit'a has ever |iroduce(l. 
 He achieved a national rejmtation. So much 
 has been written of him, and so widely has his 
 life and character been <liscussed, that a sketch 
 wdiicli the limited space in this work will ad- 
 mit can attempt scarcely more than the hai'c 
 outlines of his remarkable career — a careei' 
 wdiich in itself has challenged the admiration 
 of two generations, and which still exerts a 
 powerful and exemplary influence upon the 
 profession throughout the country. 
 
 Mr. C'hoate was the secoml son and the 
 fourth of six children of Da\'id and Miriam 
 (Foster) Choate, and was born on an island in 
 the i:dd town of Ipswich, Mass., October 1, 
 1799. He was descended in the fifth genera- 
 tion fi'om .John Choate, who was made a free- 
 man in Massachusetts in KidT. His father, 
 who died in 1.S09, was a man of uncommon 
 intellectual endowments and "of souml and 
 independent judgment." His mother was a 
 quiet, cheerful, dignified woman, of strong 
 sense ami ready ^\■it, and died in l!S.)3 aged 
 eighty-one. 
 
 Mr. Choate was endo\\-ed with a \igorous 
 constitution and early ileveloped an intense 
 love of reading an<l of general knowledge. 
 Before he was six years old he hail devoured 
 the "Pilgrim's Progress" and afterward could 
 repeat it from memory. At the age of ten he 
 bciran the .studv of Latin under Dr. Thomas 
 tSewell. He had already exhaasted the re- 
 sources of the library in Essex, wdiither the 
 fannly had removed frorji theii' island home, 
 and under the subscfjuent insti'uction of Pev. 
 Thomas Holt, William (Jogswell, and Uev. 
 Uobert Crowell, he ad\'anced rapidly in b(.)th 
 the classical and oi-dinaiy English branches. 
 
 Fn -lainiai'y, ISI o, be was sent to (be academy 
 at Hampton, N. II., then under the principal- 
 ship of .lames ,'\danis, and in Ibe following 
 sununei' beentereil the freshman (dass of I )ai't- 
 niouth College, whei'c he spent four years. 
 The litigation (hat followed the deposition 
 from <il1ice of President .lohn Wdieelock, in 
 which .lei'cmiah .Mason, Daniel Webster, .lere- 
 miah Smith, and fd'ancis H<ipkinson apjieai'eil 
 as counsel Ibi' (he college, and which lasted 
 fi'Om iSlo to LslH, was lai'gely instrumental 
 in turning the mind of young (dioate decisive- 
 ly to the legal pi-ofession. He was librarian 
 and president of the Social l'd-ien<ls, one of the 
 two literary societies at Dartmouth, and was 
 graduateil in 1<S19 with the valedictory. Dur- 
 ing the next year be was a tutor in the col- 
 lege. 
 
 In 1X20 he attended a course of lectures at 
 the Hai'vard Law School and in 1S21 he en- 
 tered the nttice of Hon. William Wirt, then at- 
 torney-general of the United States at \Vasb- 
 ington. Petunnng to Massachusetts in XX'l'l 
 he continueil his legal studies with Asa An- 
 drews, of Ipswich, and .ludge David Cummins, 
 of Salem, and was admitted to the Essex bar 
 as an attorney at the September term of the 
 Court of ( 'onunon Pleas in lcS2.'] and as an at- 
 torney in the Su[)rejne Judicial ( 'ourt in No- 
 vember, l<S2o. hi l.S2."3 he bung up bis sign 
 in .Salern, but it remained there only one night, 
 for he removed it to Danvei's, ^hiss., where he 
 began acti\'e practice. Why he did this is not 
 known. He was farther away from the courts 
 and jiartly outside of the professinnal circles 
 which were soon to feel his won<lerful person- 
 ality. Put this did not prevent him from en- 
 tering [lublic life. He represented Dan\-ers in 
 the lower house f)f the Massachusetts Legisla- 
 ture in 1.S25 and in the Senate in 1827, ser\- 
 ing with distinction and honor. In 1.S28 he 
 remo\-ed to Salem, where he became the lead- 
 ing couns(d in criminal ])ra,ctice. In 1H.']0 he 
 was nominated by the National Republicans 
 of the Essex district as repi'esentative in Con- 
 gress, and, being electeil, sei'veil in that body 
 from Decendier, 1h;!1, tf) LS.'U, when he re- 
 
15-i 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 signed. His speeches on Ivevolutionavy pen- 
 sions anil the tarifl' in tlie hrst session estal)- 
 lished his repntation as a pai'liamentarv orator. 
 
 After resigning liis seat in ( 'ongi-ess, ]»Ir. 
 Clioate moved to Boston, and liere Ins hrilliant 
 career as a lawyer may lie said to have begun. 
 
 The first six or seven years were marked 
 by a steady growth in the profession. For 
 fifteen years he had as his partner Francis Ix 
 f'rowninshield, subse<juently president of tlie 
 (_)ld Colony Railroa<l. In 1S41 he was elected 
 to the United .States Senate to succeed Daniel 
 AVebster, who had resigned his seat to become 
 secretary of state under Ih'esidcnt Ilarrison. 
 Mr. Choate left the Senate in :\rarch, 1845, 
 after a brilliant service there and resumed the 
 jn'actice of his profession in Boston. Ni this 
 time he is l)est descrilx'd in the follo\^-ing 
 words recorded by one who knew him: 
 
 "Mr. ('hoate — whose appearance and man- 
 ner M'ere uni(|ue, wliose ehxpience then was as 
 exuberant, fervid, and rich as it ever became; 
 wlio, however modest for himself, was bold al 
 most to raslniess for Ins client; wlro startled 
 court and jury by Ins vehemence and con- 
 founded the counnouplace and routine lawyer 
 Ijy the novelty and l)rilliaucy of his tactics; 
 who, free from vulgar tricks, was yet full of 
 suri)rises, and thougli perpetually delighting 
 l)y the novelty and beauty of his argument, 
 was yet without conceit or vanity — could not 
 at once l)e fully understood and appreciated. 
 Fie fairly fought liis way to eminence; created 
 the taste ^\diich he gratified: and demonstrated 
 the [)0ssibility c)f almost a. new \'ariety of elo- 
 (pieuce." ' 
 
 jVs United States senator Mr. Choate was 
 very active in the organization of the Smitli- 
 sonian Institution, and in .laiuiary, 184o, of- 
 fered, as an amendment to the hill then Ijefore 
 Congress, \\diat was called the "library plan," 
 wliicli \\'as adopted. He was a membta- of tlie 
 first Board of Regents and chairman of the 
 first Hljrary committee. (_)u resuming practice 
 he steadily and rapidly gained the position of 
 leader of not only tlie Sutl'olk liar, Iiut of the 
 
 1 "The Works of Rufus Chriate," by .Samiiol Oilman Bi'own. 
 
 entire bar of New England, and within a few 
 years \\'as recognized as one of the most emi- 
 nent lawyers in the country. In -January, 
 1846, he argued Ijcfore the Supreme Court at 
 Washington the case of the boundary between 
 Massachusetts and Rhode Island, and in March 
 he made his celelirated defense of Alljert J. 
 Tirrell, wlio had been indicted for murder. 
 In 1847 he argued the Oliver Smith will case 
 and in 1848 the Fhillips will case, and a])Out 
 the same time lie was ottered a piTifessorship 
 in the Harvard Law School and a seat u})0n 
 the bench of the Supreme -ludicial (_'ourt, but 
 he respectfully declined lioth. In 1849 he dis- 
 solved })artnerslii[i with Francis B. Crowuin- 
 shield and took in as partner his son-in-law, 
 ■loseph M. Bell, ai'terwai'd a member of General 
 Butler's staft'and judge of the Recorder's Court 
 in New Orleans. In is.ll he tried the cele- 
 l)rated "Methodist church case" and the slan- 
 der case of Fairchild vs. Adams, and in lS.j.3 
 he was appointed attorney-general of ^lassa- 
 cliusetts Ijy C4overnor Clittbrd. He succeeded 
 Mr. Clittbrd in this office and on resigning it 
 in 18o4 was folhn\X'd liy the same gentleman. 
 Meanwhile, in 18"j0, he had \-isited Europe, 
 traveling in England, Belgium, France, Swit- 
 zerland and (Jermany. 
 
 Mr. <'hoate was a leader of the Whig party, 
 and for many years took an active part in 
 cain[)aign work. In lsr)2 he was a delegate 
 to the ^\'hig National Convention at Balti- 
 more and advocated the nomination of Daniel 
 \\'elister for president. In IS.j.'J he was a 
 memliei- of the Massachusetts Constitutional 
 ('onvention, and in I85(j he supported .lames 
 Buchanan for the presidency. In 1857 he 
 made his i>owerful and successful defense of 
 Mrs. Dalton, and on May 29, 1859, he made 
 his last argument before the full Ixaich of the 
 Supreme .Judicial Court in the case of Gage vs. 
 Tudor. His heallh had Jiecome impaired at 
 this }ieriod, and soon after^^•ard he sailed for 
 Europe, accompanied liy his son, J)ut on the 
 arrival of the steamer at Halifax, Nova Scotia, 
 was too feel lie to proceed. He landed and 
 died in that citv Julv l."5, 1.S59. The sad tid- 
 
BIOGRAPHICAL.— MASSACHUSETTS. 
 
 155 
 
 ings cast a ,<;loom over the entii'e couutrv, aiul 
 people of e\'erv elass and section regarded his 
 deatli as a, national loss. His remains were 
 livouglit back to Uoston and intiTred in lieanti- 
 ful [Mount jVubuin. 
 
 Tlie key to Mr. ( 'hoate's pu].)lic life is f()un<l 
 in two grand motives — his strong American 
 feeling and his lo\e of the L'nion. 
 
 "As a statesman, his ide:is and policy liad 
 nothing nari'ow or sectional. Tlu'v eml traced 
 the "welfare of the whole country, and of every 
 part of it. lie was identified witli A\d)atever 
 in patriotism was most genernus and unscHish. 
 In his profession he liad won the lo\c, as well 
 as the admiration, (jf his hretliren. He slood 
 at the head of the New l*]ngland liar: nor was 
 there in the country an advocate whose well- 
 earned rejiutution surjiassed his." 
 
 His greatest power rested not merely nor 
 chietly upon his eloquence, ))ut })rincipally 
 upon his jihilosoplnc and dialecti(/ learning. 
 He \\'as one of the greatest masters of logic 
 New p]ngland has I'ver produced. His learn- 
 ing was accurate. He was a uni(|ue creation 
 — a gi'cat lawyer, a great jurist, a great puli- 
 licist : and nioreo\er his nature partook strong- 
 ly of the poetic ekaiient. Shakesjieare \\'as his 
 great author. His \\\\ and humor. Ins coivi- 
 mand of hniguage. were remarkalile. In jioint 
 of forensic ailvocacy lie held the same relation 
 to America that <.'urran held to Irelaml and 
 Erskine to ( ireat I5ritain. He heard the last 
 trreat argument of AVilliam I'inknev, and as 
 an orator I'anked with him as \\'ell as with 
 Wirt, Prentiss, Ogden Hoffman, and Wehster. 
 To jtrofound legal learning he united a hound- 
 less range of reading, reasoning powers of the 
 liigliest order, ami "an imagination which 
 rose on a JjoJd and easy wing to the higliest 
 heaven of in\"enticin." In hiief he was the 
 wizard of tlie court room, and i'a)d<e(l as "The 
 Great Arnei-ican Ailvocate." He was an emi- 
 nent tireek and Latin scholar and i;arried his 
 study e\-en into te(dmical theology. His law 
 lilniiry comprised about •'!,()(I0 volumes, wdiile 
 his private library of some 7,0<l(t vohnries was 
 rich in English literature and learning in all 
 
 its branches. He recei\'ed tlu' honorary de- 
 gret' of LIj.].). ii'om Yale ('ollege in 1.S44, from 
 I)ai'tmouth and Ilar\'ai'd in l.S4rj, and ti'om 
 Aiidiei'st in 1S4S — honors which he boi'c with 
 great modesty and dignity. 
 
 The reader who <K'sires a deeper knowdedge 
 of the life and (diai'acter of ]\fr. Choate is I'C- 
 fei'i'ed to "The \\''oi-ks of Kufus ( "hoate, with 
 a Memoii'," in two \'olumes, by JSamuel (iil- 
 man Brown: to the Law Rejuiiler \'ols. ^I'l 
 and 'l'i\ to the Albany Law Journal \'ols. (J 
 and 14 to IS: and to numerous othei' jtublica- 
 tions and perioilicals. Enough has been sai<l, 
 however, in the foregoing sketch, to con\-ey 
 an idea of the man whose spee(/h(.'s, addresses, 
 and lectures electrifitMl audiences and mo\'e(l 
 coui'ts ami juries, and wdiose gigantic jierson- 
 ality and consunnnate skill i]ifluence the prf)- 
 fession wdiich he adorned even forty years after 
 his death. ( )ne incident remains tf) lie xv- 
 eorded. ( )n October lo, lS98, there was un- 
 veiled in the new court bouse in Boston a full- 
 length Ijronze statue of ]Mr. Choate, by Daniel 
 Chester French, on the front of the pedestal of 
 wdnch is this inscription: 
 
 Rufus Choate, 
 17!)9 1S59 
 
 ()n the side of the pedestal are these words : 
 
 Erected by the City o£ Boston 
 
 with money bequeathed for the purpose by 
 
 George B. Hyde. 
 
 The orator on the occasion was the great 
 jurist's ne|iliew, Hon. Josejib H. (.'hoate, of the 
 New York bar. 
 
 Ml'. Cdioate was m.arried March '29, iS'io, to 
 Helen, daugbtei- of Mills ()lcoit, (.)f llanoN'ci-, 
 N. II. Their eldi'Sl daughtt'i' married .loseph 
 Mills Bid I and the youngest liecanre (he wife 
 of l']dward I']llertcin I'rad, Ijrttli mend.)ei-s of 
 the Boston Ijai'. Their son, Kufus (Jlioate, jr., 
 was admitted (n the SuHblk bar in Ls.lS and 
 is deceased. 
 
 HOKACL EA'EKETd' WAKE, IV.ston, 
 son of Dr. .lonathan and Mary Aim 
 (Tileston) ^\'are, was born August '27, 1.S45, in 
 
150 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 Milton, Masti., which is his lenal lesideuec. 
 II is ancestors on l.)Otli sides were among the 
 curly settlers of Massachusetts, his grandfather, 
 Paul \\'are, Ijeing a Revolutionary soldier. 
 He is a lineal descendant of Rohert Ware, 
 whose name appears on the Dedharn records 
 in 1042 as a landholder in that ancient town. 
 His maternal grandfather, p]dmund Tileston, 
 of Dorchester, was a direct descendant of Thom- 
 as Tileston, who was one of Dorchester's early 
 settlers. Dr. .Jonathan Ware, father of Horace 
 M, was l)0rn in Wrentlmm, Mass., in 1797, and 
 ])racticed medicine in Milton with eminent 
 success until his death -June G, 1877. 
 
 Born and reared in Milton near the line of 
 Dorchester, Mr. ^\'are attended the Dorchestei- 
 jiulilic and high schools and was graduated 
 from the latter in 1 8(i.'>. The same year he 
 entered Har\'ard ('ollege, from wdiich he was 
 gi'aduated in 1<S67, liolding niemherslnp in tlie 
 Pi Eta society. He had already determined 
 upon the law as a profession, and after finish- 
 ing his collegiate course became a student in 
 the office of John .J. C'larke, in Boston. A few 
 months later he entered the Harvard Law 
 School, wliere lie remained one year, wheji lie 
 went into the office of Judge \\'illiam S. Le- 
 land, with wliom he continued until the hitter's 
 death. He was admitted to the Suffolk Ijar Sep- 
 temlier lo, 1S69, and since has been actively 
 engaged in general practice in Boston. He has 
 gi\'en his attention to general civil business. 
 
 In politics ^Ir. Ware is a IicpnlJican. He 
 has been somewhat active in local public af- 
 faii's, serving at different times on the liepub- 
 lican Congressional and Town Committee of 
 Milton, and two years as a member of the ]\IiL 
 ton School Board. In 1.S79 and 1««(J he rep- 
 resented Milton in the lower house of the Mas- 
 sachusetts Legislature, where he served l)oth 
 years on the judiciary committee, and where 
 he took an active part in promoting various 
 important measures. 
 
 He is a member of the Sons of the American 
 Revolution, of the Society of Colonial AV^ars, 
 and of the Boston Bar Association, to which 
 he was elected in 1X76. 
 
 ARTLMAS WARD, LL.D., Boston, the 
 first chief justice of the Court of Com- 
 mon Pleas for Massachusetts, was the son of 
 (Jen. i\i'temas Ward and a grandson of Na- 
 lium Ward, who was judge of the Worcester 
 county Couii of Common Pleas from 1745, "in 
 which office he died May 7, 17o4." ( Jeneral 
 Ward was Ixjrn in Shrewsbui-y, Mass., No- 
 vembei' 27, 1727, was graduated from Har- 
 vard ('ollege in 174.S, re[>resented Shrews- 
 bury ill the ( ieneral Court, served under Aber- 
 crombie in the expedition against 'J'iconderoga, 
 
 AKTEMAS WARD. 
 
 Ijccame member of the Council in 1784 and 
 later \\'as colonel of militia. He \\-as a mem- 
 l)er of the first l^rovincial Congress, wdiich 
 chose him as one of the three general officers 
 to command \Tilunteers in ^lassachusetts. He 
 commanded the troops around Boston until 
 the arrival of Washington, and continued in 
 the service "at the request of ( ieneral Wash- 
 ington and of the Continental Congress till the 
 close of 1771)." Though not a lawyer liv pro- 
 fession he was a judge of tlie Court of Common 
 Pleas for Worcester county from 171)2 to the end 
 of the provincial iieriod, and in 1775 was made 
 its chief justice, wdiich position he filled until 
 1798, when he resigned. The "Shays Rebell- 
 
BIOGRA PHICA L . —MA SSA CH USE T TS. 
 
 157 
 
 idii" in ITSli oH'enMl liitn an 0|>|ioriunil y for 
 fill' (lispliiy (if not only his di^nilied juilicial 
 licarin^, lull (if that resolute e(iura!j,e M'liicli liis 
 military ex|K.'ri(_'nc(' liacl liecn tlic in(_'ans of ilc- 
 \'i_do]iinn'. His f(L'arli'ss action in this alfair 
 has lic'eii g-raiihically deserihed hy tla.' historian 
 of Worcester, lie was a uiernher of the \\\- 
 ecuti\'e i'ouncil in 177S, and in 171)0 was 
 elected to ('(ingress. He died ()ct(ilier 2S, 
 1800. His wife ti'aeed liei' ancestry to Dr. 
 Increase Mather. 
 
 •fudge Artenias Ward, tlu.' siihject (if this 
 memoir, was liorn in Shrewslmry on the 9tli 
 of .lanuary, \1&1. He was graduate(l from 
 Harvard in 1 7S.'), with Harrison Oi'ay (_)tis, 
 William I'rescott, and Ambrdse Sjieneer as 
 classmates, and after reading law and being 
 admitted to the liar began acti\'e practice iji 
 A\'eston, ^Nfass., where he soon ('stablished an 
 en\'iable repuiatidn as an able lawyer and 
 pubilic spirit(Ml citizen, lie held \ari(.ius town 
 offices, was reiiresentative to the (icneral (_'ourt 
 in 17;H), 17!t7, 179S, 1799 and istld, and was 
 captain of a company of light infantry (rais(.'il 
 in ]\liddles(.'X county) from Sejitember 7, 17<S!(, 
 to INrarcli •'>1 , 179-'*), wdien his resignation was 
 accepted. In 1x00 his brother-in-law, .Samuel 
 Dexter, the eminent lawyer, left Charlestown 
 to attend to higli (ifficial duties in the national 
 government at A\'ashington, I). ('., and .Judge 
 Ward removed to ('barlcstown and assumed 
 his law practice. Here he also took an active 
 part in jiublic affairs, ser\-ing as a mendier (jf 
 the Executive Council in I-SO:;, l.S()4, l^Oo, 
 1808 and 1809. \n LSlO he became a citizen 
 and lawyer of Boston, where he lived until his 
 deatli. He was a member of the ( icnei'al 
 Court from Boston in l.sU, and represented 
 the Boston district in the Thirteenth and 
 Fourteenth Congresses at ^\'asllington from 
 Alarch, 181;], to March, 1.S17, and declined a, 
 third election, ll*.' was a menibei- of the Mass- 
 achusetts Senate from Suffolk county in Ishs 
 and 1819 and of the convention to rcvi.se the 
 Constitution of the Commonwealth in 1 8j!0. 
 In May, 1819, he liecame judge of the C'ouit of 
 Common Pleas of Boston, and on the abdiition 
 
 of that court and the establishment of the 
 ( 'ourt of ( 'onniion I'lcas for the < 'ommon wealth 
 in l'\'bi'nary, Is-jl, he was appointed cllief jirs- 
 tice of the lattei' tribunal. He filled this posi- 
 tion with gi'cat credit and ability until lS.'!9, 
 wdien he i-esigne(l, being succeede(l by .bilin 
 Mason A\'illiams. 
 
 Judge Ward's careei' was a brilliant one, and 
 during his entire life he sustained a rejiutation 
 foi- leai'idng and ability wdiich few of his con- 
 temporai'ies enjoyed. When he was at the 
 iK.'igbt of his pi-actice he was inxdted to a 
 seat on the beiudi of the Su[ireme .Judi(dal 
 ('ourt of Massachusetts, but declined foi' do- 
 mestic reasons. He died October 7, 1847, in 
 ISoston. 
 
 • ludge Ward was a man of substantial ijuali- 
 ties, without ostentation, devoted to the law 
 and to his judicial duties. He synqiatbized 
 with the Federals and afterward with the 
 Whigs, and had much anti-slavery feeling, 
 being inlei'cstcd in the cause in its early days, 
 before it had grown populai' and its advdcates 
 had become a political jiowei'. Ilisinllexible 
 regard foi' justice was a distinguishing chai'ac- 
 teristic, and was mainfested in his professional 
 career, in his jiolitical course, and in his judi- 
 cial service. In every p(jsition, private and 
 public, he showe(l the same unswerving [lur- 
 pose of I'cctitude and re\'ei'ence foi' the right. 
 Hon. liichard Fletcher, in offci'ing I'csolutions 
 at a meeting of the Suttblk bar, held (Jctober 
 .s, 1 847, said of hirn : 
 
 " He had reached an advanced age, and his 
 long life had been usefully and honoralily 
 s[ient. As a man, in all the relations of do- 
 mestic and social life, he sustaine(| a most ex- 
 emplai'y and elevated character. As a mem- 
 ber of our national legislature, his duties were 
 faitbfull\' and ably iierforincd. As a lawver 
 he ac(|uired and maintaine(l a high rank. 
 But it is in bis judicial charactei' that he is 
 most known and more particularly remem- 
 bei-e(l by the pi'csent iiK'nibei-s of the bar. He 
 came to the liench as (dnef justice of the (.'ourt 
 of Common l'l(>as under its present organiza- 
 tion in 1S21. It will, I [iresume, be uni\-er- 
 
158 
 
 THIi JUDICIARY AXD THE BAR OF XEIV EXGLAXD. 
 
 sally admitted that he was t'liuiieiitly (lualitied 
 for that (ittifc. He had a matini'd and estalj- 
 lislied character, lie had aiuiilc store of legal 
 learning and habits of business admirably 
 a(la})ted to the great amount of details in the 
 business of his court. He had great patience 
 and e<|uanimity of temper — (jualities of great 
 value in any station of life, l)ut essential to a 
 judge. His conduct on the bench was marked 
 by uniform courtesy and kindness — crowning 
 qualities of any judge of any court, without 
 which any judge of any court must lose most 
 of his dignity and much of his usefulness." 
 
 The follo^\•ing were among the rescdutions 
 adopted at this meeting: 
 
 " Hcsolccil, That this l:)ar would honor his 
 memory as well for his great worth as a man 
 as for the distinguished ability, learning, integ- 
 rity, patience and fidelity ^\•ith ^\hieh, for a 
 long course of years, he discharged the impor- 
 tant duties of his judicial station. 
 
 " HcsolvcfJ, That the members of this Ijar 
 liold in grateful remembrance the courtesy 
 an<l kindness wdiieh on the bench he uniform- 
 ly extended to them in the performaiK'C of 
 their professioiuil labors." 
 
 ■Judge ^\'ai-d was a member of the Board of 
 Overseers of IIar\-ard College from l.SlO to 
 1S44, and reci'i\-e(l from that institution the 
 degree of A. ^f. in course and the honorary 
 degree of U^.D. in 1.S4"2. He was married 
 •January 14. 17S,S, lo Catherine ^laria, daugh- 
 ter of Hon. Samuel De.xter, of Weston, ^lass., 
 and sister of Samuel Dexter, the distinguished 
 lawyer. She was descended frcjm Kichard 
 Dexter of 15oston as early as 1(J41, through (2) 
 John Dexter, of ^Maiden ; (;i) John Dexter and 
 Wiunifred Sprague, of Mahk'n : and (4) fiev. 
 Samuel Dexter and Catherine iNIears, of Ded- 
 ham. Her fitbei', Sanurel Dexter (5), a mer- 
 chant and in 177o a judge of the Suffolk coun- 
 ty Court of Common I'leas, was a memlier of 
 the first Provincial Congress, of the Supreme 
 Executive Council during the Jievolution, and 
 of the Massachusetts Legislature, and tlie 
 foundei' of the J)<.'xtt'i' Professoi'ship of Sacred 
 Jjiterature at Har\'ard. He married liannah. 
 
 daughter of Andrew and Mary Sigourney and 
 a descendant of Andre Sigourney, who came 
 from liocbolle, I'rance, after the revocation of 
 the Edict of Nantes. Judge Wavd had seven 
 children, the last sur^'ivor of whom died in 
 ISXl. 
 
 SAMUEL LUTNAM, LL.D., Salem and 
 ]>oston, associate justice of tlie Supreme 
 Judicial ( 'ourt of ^Massachusetts from 1814 to 
 1.S42, was a lineal descendant in the sixth gen- 
 eration of .John I'utnam, who came from Aston 
 Abljotts, County lUicks, lingland, and settled 
 in Salem, Mass., before Kv'U. Nathaniel Put- 
 nam, son of John, died in Salem in 17(tO, lea^•- 
 ing a son, J>enjamin, who \\-as a lieutenant 
 and cajitain in the militia and a })rominent 
 citizen in public and private life. Tarrant 
 Putnam, son of Jienjamin, was born in Salem, 
 married Elizabeth IJacon, ami had a son, Gid- 
 eon, who was boi'n there in 172(). (n<leon 
 J-'utnam was a tbir<l c(_)usin of (icn. Israel J-'ut- 
 iram, and became a leading merchant of I>an- 
 vers, Mass., where the subject of this memoir 
 was born. He married Hannah, daughter of 
 Aliraham and .lei'usha (Raymond) Browne of 
 Beverly, :\Iass. 
 
 Judge Putnam was the only one of the ten 
 children of (Jideon and Hainiah (Browne) Put- 
 nam wlio attaiiu'il maturity. He was ].)orn in 
 Danvers, Mass., ApiJl 1.'!, 17i)S. In early life 
 he experienced very delicate health, and it «'as 
 only liy the e.xercise of the greatest care that 
 he gained sutticient strength to eiuible him to 
 prosecute his studies. He attended the public 
 schools of Danvers. and ^\dlen ten years old 
 entered the Philli[>s Ando\er Academy, where 
 he fitted himself for college. He was grad- 
 uated from Harvard in 17S7, in tlu' class with 
 John (^unu'y Adams, and subscijuentlv read 
 law in Newbury[ior(, Mass. His father had 
 destined him for a teachei', but his ambition 
 and natural (jualilications inclined him toward^ 
 a legal career, and with this end in \uew he 
 took up Ills law studies with an energy and 
 thoroughness that characterized his entire life. 
 
BIO GRA PHICA L . —MA SSA CH USE T TS. 
 
 159 
 
 A<lniitti'<l to tlu' E:^^cx liar in 171MI, he entered 
 ii[iou the active practice of his pixifeysion in 
 Salem, where lie soon gained a hirL^'c and protit- 
 ahle clientage. Xo advocatt> of tlie time is 
 understooil to liave been Ijetter \-ersed than he 
 in the }irinci}iles of tlie common hn\'. He liad 
 a peculiar s]<ill and fame in the hranclies re- 
 lating to mercantile and commercial juris- 
 prudence, which was a rare reputation at that 
 period, and on one occasion tin- great Samuel 
 
 SAMUEL PUTNAM. 
 
 I)extt'r, in an important case, sent his client to 
 ]\Ir. Putnam as the jn-opcr man to cfinwult in 
 the early .school of the la«' in Massachusetts. 
 
 (Jn the death of Chief Justice Samutd Sewall, 
 in 1.S14, Govei'nor Strong ajipointeil Mr. Put- 
 nam as associate justic(.' of the Massaclursetts 
 Supreme Judicial Court, and he continued to 
 serve in that capacity for tweutj'-eiglit yeai's, 
 resigning in 1.S42 in the full power of his in- 
 tellectual vigor, and with a, most honorable 
 record on the bench. His decisions were 
 praised by the most h/arneil jurists. As fate 
 as 18.S5 Ijord fj.slier, in [ironouncing the judg- 
 jnent of the (_'ourt of Ajipeals of England in 
 an impoi'tant commercial case, said: "Jdie 
 first case to be ilealt with is the American case 
 of Brooks vs. the (Jricntal Insurance (.'o. It 
 
 came before a judge wdiose decisions I ba\'e 
 often read with admiration, and from whom I 
 certainly have recei\'ed great assistance — Mr. 
 Justice Putnam." 
 
 Judge Putnam was feai'lessand independent 
 in his decisions, as he had been in the oi'dinary 
 }ii'ai-tice of the law. IIiso[iiinons weres<jund, 
 solier, and practical, full of justice, and logical 
 and positix'c. .Judge Stoi'y, one of .Judge Put- 
 nam's students, deilieatcil one of his law books 
 to bis former teacliei- \\'ith a high tribute to his 
 sagacity, knowJeilge, and uns[iotted integrity. 
 
 In })olitics .Juilge Putnam was in early life 
 a prominent and influential factoj'. lie rep- 
 resented I'jssex county in the MassacJnisetts 
 St'iiate in ISOS, ISO;), iSl.'iand ISlJ, and Sa- 
 lem in the lower liousi' of the Legislature in 
 lslj;,ser\'ing with great civditand satisfaction. 
 After Ins elevation to the bench be withdrew 
 entirely from political ali'airs, but continued to 
 exercise the legitimate functions of a public 
 spij'ited and jiatriotic citizen until liis death, 
 wJnch occurred in Somerville, Mass., .July •'>, 
 \'^')'.\. lie always took a deep interest in the 
 village of l)an\-ers, where he had his summer 
 home, and also in the history of the Putnam 
 fannly, to wdiich he contrilnited many inter- 
 esting facts. In PS2o Harvard College con- 
 fei'rcd on him the bonoi'ai'y degree of JJj.D. 
 
 •Judge J'utnam \\'as manled t)ctoln'r 2S, 
 ITilo, to Sarah, daughter of John and Lois 
 (Pickering) GooU, of Salem, Ahiss. She was. 
 born November 28, 1772, and died November 
 22, l.S()4. 'riieir childi'cn were Samuel Pav- 
 moiid, Hannah (Mrs. Thomas P. Pancroft), 
 Louisa (Mrs. Joseph Augustus Peabody), Mary 
 Aim (i\Ji's. ('bai'k's (iii'ely Loring), ('barles 
 (;id(_'on, lOlizabclh (_'abot (Mrs. .John Amory 
 Lowell), Sarah (iooll (Mis. Francis P. Cruwn- 
 shield), and .John Pickering. < )f these, Mary 
 Ann, born August 2(1, |S(I:',, died April 10, 
 l.S4">, was the second wife of Hon. ( 'barlcs 
 (ireely Ijoring, IjL.1)., wIkjsc memoir a jipears 
 in this work, j^li/.abctb Smith Peabody, the 
 eldest child and daughter of .Iose[)li Augustus 
 and Louisa (Putnam) Peabod)', was born July 
 ••]1, 1822, and ilied December l:], I8(j;». She 
 
160 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 was married .lanuarv 15, 1.S45, to Caleh Will- 
 iam Loring (son of Hon. Charles Greely Lor- 
 ing), whose memoir also ap]>ears in this worl-;. 
 William Caleh Loring, their son, was appoint- 
 ed associate justiee of the Supreme Judicial 
 Court on Seiitemher 6, 1899. Samuel Ray- 
 mond Putnam, the eldest of tlie judge's family, 
 was married in l<s;;2 to Mary Traill .Spence 
 Lowell, daughter of Rev. Charles Lowell, and 
 the well known authoress of " Records of an 
 ( )1 )scurc Man " ( 1 HIJl ), " The Trage<ly of Errors " 
 and "The Trage<ly of Success" (18G2), "Fifteen 
 Days" (1866), and "Memoirsof William Lowell 
 Putnam and Rew Charles Lowell" (1862 and 
 1860). 
 
 CHARLES SUMNER, LL.I)., Roston, was 
 the eldest of nine children, and was l)orn 
 in the West End of Boston, Mass., .January 6, 
 1811. His twin sister, ^Matilda,, died in 1832, 
 at the age of twenty-one. \\'illiam Sumner, 
 the founder of the family in America, came 
 from England with his wife, Mary, and three 
 sons, about Ki.")-"), and settled at Dorchester in 
 the Colony of Massachusetts Bay. There and 
 in Milton the Sumners were farmers for two 
 centuries. -loh Sumner, tlie grandfather of 
 diaries, was a freshman at Harvard College 
 when the alarm of Lexington was sounded, 
 and at once joined the Continental army at 
 Cambridge as an ensign. He served until the 
 close of the war, being mustered out a major, 
 and in 1785 ('ongress commissioned liim to 
 adjust tlie accounts between the C'onfederation 
 and Georgia, where he spent the last years of 
 his life. Charles Pinckney Sumner, son of 
 Major .Job and father of the subject of this me- 
 moir, was grailuated from Harvard in 1796, 
 read law with Josiah (^uincy, and practiced 
 •with indifterent success until IS 19, when he 
 was made deputy sheriff of SuUblk county. In 
 1825 he was appointed high sheritt' and served 
 nearly fourteen years, or until shortly before 
 his death, which occurred April 24, 18;39. He 
 was married Ajiril 25, 1810, to Relief Jacob, of 
 Hanover, ^lass., a woman of sterling good 
 
 sense, of a cheerful temper, and of splendid 
 physical health. Though his fatbei- was ever 
 courageous, bra\-e, and unflinching in (he face 
 of danger, -with strong convictions, especially 
 in the cause of abolition, yet it is to bis 
 mother's great force of character and intel- 
 k'ctual vigor that Charles Sumner owed his 
 chief success in life. 
 
 Charles Sumner attended a pri\-ate school 
 and later the Boston Latin School, where he 
 won prizes for Creek and Latin translations in 
 1824 and 1826. He was strong in the classics, 
 but \\'eak in mathematics, and ilevcloi)i.'d a 
 [tassion for /^eZ/c-.s htfrcx which lasted him 
 through life. At the age of fifteen In- entered 
 Harvard College, \\Jiere, in lus senior year, be 
 took the second Bo\\-doin prize for comiiosilion, 
 and \\'as graduated in ls;](t. Jn April, l.S.'il, 
 
 CHARLES SUMNER. 
 
 he took the prize offered by the Boston Society 
 for the Diffusion of L^seful Knowledge for an 
 essay on commerce. At Har\'ard he was a 
 member of the Hasty Pudding Club, and 
 among his classmates were Rev. Samuel H. 
 Emery, Judge Elias R. Potter, Charlemagne 
 Tower, George W. Warren, and Hon. Samuel 
 T. Worcester. i\[r. Sumner received the hon- 
 orarv degree of LL.D. from Yale rniversitv 
 
BIOGRA PHICA L.— MASS A CJIUSE TTS. 
 
 161 
 
 and Ainlievst Cdlk-gr in iS.KIaiul fidiii Ihir- 
 varil in iSoi), 
 
 Soon after lea vin,^' col le.n'f ^fi'. Wuniucr l>et;an 
 bis legal studies, wldt'li lii' jiuvsueil undri- 
 Judge .losepli Story, I'rof. John Hooker Asli- 
 nuui, and Prof. Simon (Jreeideaf from wlmm 
 he gained not only tlie knowledge l>ut llie in- 
 spiration whieli (levelo[)ed liim into a hn\yer 
 and statesman of national pi'ominencc. lie 
 \\-as graduated from the Har\-ard Law Sehool 
 with the degree of LL.Ik in 1 s;U, ha\'ing heen 
 librarian of the law library during bis last 
 year tliere. A])out this time be also began to 
 ^\•rite for the Ameriean Jurist and the Amer- 
 ican ]\b)nthly Iteview, and he i-ompeted for 
 and won another liowdoiu piize. He eom- 
 })leted bis legal preparation in the oHiee of 
 Benjanrin Hand, of ISoston, and in attending 
 the sessions of the United States Su})reme 
 Court at 'Washington, and was admitted to 
 the bai- in Se]itember, 1<S;!4. Heat onee be- 
 gan aetive }>raetiee in Boston, and in Xo\-em- 
 ber of that year formeil a eo]iai'tnersbi]i with 
 (leorge S. Hilliard. in January, Is.",.!, he also 
 began to leetui-e in the law sehool in ('am- 
 bridge, filling occasionally the place of Judge 
 Stor)', and shortly aftei'ward the latter ap- 
 pointed Suiriner the reporter of his C'ii'(aiil 
 ('ourt opinions. Three \'olumes of Stoi'y's 
 0[)iin<"ins were puhlislied by Sininier — in l.S;!(i, 
 ls;)7. and ]S41 respect i\-e]y. In is;;.") .Judge 
 Slorv also ajijiointed him a ci)mmissi(iner of 
 the United States Ciivuit Can-t. With .Mi'. 
 Hillianl and Luther S. (.'usbing be heeame an 
 editor of the American Jurist in A[iril, li-i.'Kl, 
 and he also assisted Pi'ofessor (Jreeideaf in the 
 prepai'ation of the general iligest of his ■' Re- 
 ports and Decisions of the Supi'cme Court of 
 Maine" and Andrew r)unla|i in the liiial I'c- 
 \'ision of his "Admiralty Pi-aetice." And be- 
 sides all this, th(;re was de\'('lo|)ing in bis ln'il- 
 li;int nnnd a I'eform wJneb was destined to 
 make him a national figure in its ad\'ocacy. 
 Jdns was the anti-sla\'ei'y cause. 
 
 In LS.'iS he N\'ent to Eui'ope, where be I'c- 
 mained nearly two and one-half years, \-isiting 
 p]ngland, France, Jtalv, Cei'manv, and other 
 
 c(andi-ies. ( )n his i-eturn in IMay, 1<S40, he rc- 
 suukmI the practice of his piofessi<in in Boston, 
 ami from this time tVirward rapidly I'ose to 
 eiiMiKaice in both the law and in public life. 
 He was indefatigable in promoting all worthy 
 public enterprises, and especially those I'eforjris 
 \\ Inch |)romised uni\"ersal frei'dom and educa- 
 tional ad\'ancement. Li 1 !S4o he ilelix'cred the 
 annual l'"ourtb of July oration IxJ'ore the irur- 
 ineipal audioi'ities of l)<iston, wJiicli placed 
 him at once among the ablest speakers of the 
 day. lb.' was now in the midst of tln' aidi- 
 sla\'ery mo\'emi'nt, and one fif its recognizeil 
 leaders. He made his political debut on No- 
 vember 4, 1.S4-1, at a mass meeting in l*"aneuil 
 Plall, Boston, to pi'otest against the admission 
 of Texas with liei' sla\'c constitnticai into the 
 Union. < )n August 27, LS4(), he deli\"ei'ei| his 
 memorahle Phi lieta Kappa oration at ( 'aui- 
 bridge on "The ScJiolai', the -lurist, the Artist, 
 the I'bilanthropist," wbi(Ji was a tribute to 
 John Pickei'ing, .losejih Story, ^\'ashington 
 Allston, and ^\'illiam p]llei-y ('hanning. 
 
 His jiolitical cai'cer was an acti\'e one. He 
 atliliated hrst with the Wdiigs, lait in 1.S4S be- 
 came one of the tbuudci's of the Pree Soil party 
 in Massacdiusetts, and on ^Vugust. 'I'l presided 
 ovei- a meeting held in I'^aneuil Hall to ratify 
 the nominations of the Bufl'alo con\'ention. 
 hi ls.")l the Legislature, aftca- balloting from 
 •lanuary 14 to Ajiril '24, chose him Uintcd 
 Stales seiiatoi- t<i succeed J)aniel \\\'hstei\ and 
 in (hat body he became one of the most dis- 
 tinginsbed men of the lime. With so many 
 books I'clating more or less to the pnblit- life 
 of (liaib's Sunnier in existence it seems un- 
 necessary, as it is impraci icahle, (o follow bis 
 career in d<'tail. The essential facts are al- 
 ready fimiliar. I'^rom Ihe time he took bis 
 seal in the Senate at Wasl lingtoii oi i l)ecemln'r 
 1, PSol, until his death in bS74 his \-oiee was 
 strong and (dear on the side of (he aiiti-sla\'i'r\' 
 cause. II is lirst s|ieeeh, on " Freedom National ; 
 Sla\'ery Sectional," burst on the connlry like 
 an August storm. Then i-ame the repeal of 
 the Missouri (Jomprftmise, (be Kansas-N(bi'aska 
 hill, and almost incessant attacks on (he sla\'e 
 
162 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 power, in all nf wliicli he was the leader. So "W'sey's Cliaiieery Itepoi'ts" in twenty vol- 
 
 eloquently and al)ly (lid lie net tlie part of the unies, ami among his other noted speeehes 
 
 defendei- of humanity that his position in were " The True < Irandeur of Nations," " Fame 
 
 Washington was one of constant iieial. In and <llory," "White Slavery in the Barliary 
 
 ifay, 1S5(J, he delivered his celehrated phil- States," "Law of Human Progress," "Finger- 
 
 ipl)ie, "(_'rime Against Kansas." Two <lays Point from Plymouth Koek," "Landmark of 
 
 afterward, while sitting at his desk in the Sen- P'reedom," "The Anti-Slavery Enterprise," 
 
 ate, he was hrutally a.ssaulled hy Preston S. " Position and Duties of the Merehant," " Our 
 
 Brooks, a mend )er of Congress, of South C'aro- Foreign Uelations," "Eulogy on Abraham 
 
 lina, and a nephew of Senator Ikitler, Mr. Lincoln," and "(_)ui' C'lairjis on England." 
 
 Sumner's old enemy. There were associated ( 'ollec.-tions of his puhlic speeches were })ul.)- 
 
 "with I]rooks in this crime La\\'rence M. Keitt, lished in two \olunies in ISoO and Ls.j(). 
 
 of South Carolina, and Henry A. E<lmunson, Mi'. Sumner's puhlic life is his enduring 
 
 of A'irginia, hoth memhers of (_'ongress. moiuimeid. He was tlie soul of truth. Tliere 
 
 hi -January, ].S.")7, j\[r. Sunnier was selected was no secrecy in his nature. He was devoted 
 
 I'nited States senator, pradically without op- to lihcrty, and in the cause of lilierty he was 
 
 position, and on JNiarch 4 was sworn in, hut ajiostle, martyr, and finally coiKjueror. 
 tliree ilays later sailed for h^urope, wln're he 
 remained two years, his \-acant seat in the 
 
 ' One language held his heart and lip, 
 Straight onward to his goal he trod, 
 
 Senate being a silent Init powerful protest on And proved the highest statesmanship 
 
 the part of ^hissachusetts against the hlow Obedience to the voice of God. 
 
 that liail been struck at her llirounh him. In ,- , , • ,. 
 
 "tor there was nothing base or small 
 
 December, l.S.^t), he again took up his work in Or craven in hissours broad plan; 
 
 "Washington, and on -June 4, iSliO, he deli\'- Forgiving all things personal, 
 
 ere.l another terrible philippic, entitled "The "^ '"^^'^'^ °"^y '^'■°"S ^° '^^"■ 
 
 P>arbarism of Slavery." He was unceasing in ■■ The old traditions of his State, 
 
 his efforts to bring about emancipation, loyal The memories of her great and good, 
 
 1 J.- „ • ,1 I' ■ 1 ii 1 1 Took from his life a fresher date, 
 
 and acti\-e in tlie I nion cause, and as the liead , , ■ , ,. , ,. , 
 
 And m himselr embodied stood. 
 ot the Senate committeee on foreign relations 
 
 rendered inestimable service to the country '■ O State so passing rich before, 
 
 and to the cause of freedom. During the re- Who now shall doubt thy highest claim? 
 
 „ , +,„, i- - • 1 1 1 i- -ii The world that counts tliv iewels o'er 
 
 construction period he was also one ot the o, ,, , 
 
 Shall longest pause at Sumni;k's name ' " ' 
 ablest men in the go\'ernmcnt. Put his last 
 
 years were cmliittered by domestic trouble and 
 
 l)y a rt'solution ])assed by th(_' Massachusetts 
 
 Legislature censuring him because of his Bat- A LBEPT ENOCH PILLSP.UPY, A. M., 
 
 tle-tlag bill; this wretched act, howe\er, was JTx. Boston, attorney-general of Massachu- 
 
 rescindeil shortly before his death, which oc- setts in 1S91, I.s9i> and 1.S9;>, is the son of 
 
 ciirred at Washington on the lltb of March, -losiah \\'ebster Pillsbury and Elizabetli Dins- 
 
 1.S74. mooi-, and was born in Milford, X. IL, August 
 
 Mr. Sumner was marridl f)ctoberl7, l.SfKi, 19, 1^49. He is a descendant in the se\-entli 
 
 to Mrs. Alice Hooper (//re Mason), widow of generation from William I'illsbury, who came 
 
 Slurgis Hoojier and daughter of .Jonathan Irom Leek, on the liorder of Staffordshire and 
 
 ^lason, of Boston, from wdiom he was di\-orceil I)erbysbire, p]ngland, and settleil in ( )ld Ne\\-- 
 
 May HI, I,S7.">. burv, now the city of Xewburvport, Mass., in 
 
 Besides his literary work already mentioned KUl. Here \\dlliani and sex'eral generations 
 
 hi' edited, iointlv with .Jonathan C. Perkins, i , . ,■ , t,,-, 
 
 ' 'J > ' ' J'Min (_Trt'enleat W hittier. 
 
BIOGRA PHfCA L.—MA SSA CHUSE TTS. 
 
 103 
 
 of lii.s descendants liwd and died, and lierealso 
 stood the liistorie Pillsl)urv house, \\hi(di was 
 l)uilt liy Dainel "Pilsherv" in 1(;;);)-1 7(Ht, and 
 wlneh was ))niaied in 1S91, heini; at that time 
 one of the oldest liuildinjj,s in Xe\\d)iirv[ioi-t. 
 Parker i'illsljurv, the ii,rt'at-,nraii(H'atlier of 
 Ahjert E., was a soldier of the Kex-olution. 
 His father, Josiali Wel)ster Pillshurv, i.f tlie 
 sixtli generation fi'oni tlie original \Villiani, 
 was graduated from Dartmouth ( 'ollege in 
 1S4<J, and on account of his liealth was forced 
 to al:)andon his intention of studying foi' a pro- 
 fessional career and de\-ote himself to the oc- 
 cupation of a farmer. Mis \\-ife, l^li/.al)Cth 
 Dinsmoor, was descended from John liarnet 
 and John 1 )insmooi-, I wo of the original Scotch 
 settlers of Londonderry and Windham, X. H., 
 the latter toN\'n l>eing her hirthplaee. TIk' t\\^o 
 Samuel Dinsmoors, fatlier and son, wdio were 
 successi\-e governors of New Ham])shire, were 
 her uncle and cousin, and Pohi/rt ])insmoor, 
 the" Rustic Bard." whosi.' Scotcli dialect [)Ocms 
 have recently Ijcen reprint cil, was anotlier uncle. 
 Three lii'otli(.'rs of Josiali \\ . Pillshui'V lircame 
 prominent in State and national atfaii's, namely : 
 Parker Pillsltury, the wxJl-known al)!)lition 
 agitator and iiratoi', who ilied in .lnl\\ 1S9S: 
 Hon. ()li\'cr Pillsljury, foi' many years iiisui'- 
 ance commissiojier of the State of New Hamp- 
 shire: and H(")n. (dlhert Pillshury, connrns- 
 sioner of tlie Freedmcn's r]ureau foi- South 
 Carolina and the lirst mayor of ('liarleston 
 after it was reca}itare(l hy the Pnion army. 
 
 Alhei't I']. Pillshui'v inherited h'om these 
 sturdy Scotch and l']iiglisli ancestors great 
 natural tVirce of (/harai-ier and iiitelle(;tual 
 ahi]it\", and acfjuircd upon his fathrr's I'arm a 
 strong constitntii:>n and mgged pliysi(pie, which 
 have ser\'ed him well in pi-ofessional work. 
 After jiassiug through the lower grade scho<ils 
 of ^lilford he attended the high school of that 
 town, and sulisequently JittcMl tor college at the 
 Appleton Academy in Xe\\- I[iswicli, X. IP, 
 and the fjawrence Academy in (h'oton, Mass., 
 from which institution he was gradiiah'd in 
 1867, and entered PlaiA'ard (College in the class 
 of LS71, at the age of eighteen. In consequence 
 
 of a ditfereiiee with the faculty he left <'ollege, 
 and went to Sterling, III., the rcsiilenc(' of his 
 maternal uncle, Hon. James Hinsmoor, a law- 
 yei' of high standing in that section. Wiiilc 
 in Sterling he taught stdiool a year, studied 
 law with his uncle, and was admitted lo the 
 Illinois har in lS(i;». In lS7n lie i-eturned to 
 Xew Englaml and settled in Poslon, and was 
 admitted to the Suffolk har in .June of that 
 \'ear. His eminent aliiliti<'s soon scciireil for 
 
 AI.KICKT E. liLLSllUI;V. 
 
 him a foothold at the har, and frcan that (imc 
 to the })reseiit his clientage has hecai steadily 
 wiilening and his i-e[)Utation has liecomcmore 
 and more lirmly estahlislicd. 
 
 l"or se\'ei'al years during Ihet'ai'lv jiaiJ of 
 his professional career Mr. Pillshury was \'ice- 
 presidi'iit and president of the iMercanlile 
 Li lira ry Association of Poslon, and to his miau- 
 hershi[i in that hody with its parliamcnhir\' 
 and i-oiitro\'ersia I lessfnis ma\' perhaps he due 
 his marked success as a jircsiding oHicer ami 
 a pariici[)ant in l('gislati\'caiid [lolitical dchate. 
 He represcnteil Ward Se\'ent.cen of Poslon in 
 the lower house of the Massa( J lUsetfs Pcgisla- 
 liire in 1S7(;, 1S77 and LS7S, sei'\-ing llic lirst 
 \'ear as ehairman of the commitlee on tJcclions 
 
104 
 
 THE JUDICIARY AND THE BAR OE NEW ENGTAND. 
 
 ami as a. iiiouilier oftln' fomiiiitteL' (.)n ]'\'(leral 
 relations, and (liiriiiu, tlie last two terms as a 
 nieinher of the eoiiimittee on the jiidieiarv and 
 of other eornniittees. From his first session he 
 took I'ank with the leaders of his party. He 
 was a menil)er of the ^[assaelnisetts Senate 
 from the Sixth Suffolk distriet in l.S,S4, 1S«5 
 and l.S8(), and during' the first term served as 
 ehairman of the joint eommittee of the IFoosae 
 Tunnel Ifailroad and of the s[ieeial eommittee 
 of the jj,as investigation of tliat year, and 
 also as a niemher of the judiciary eommittee. 
 In Iss.") and again in Issd he was unaiiiniously 
 cliosen president of the Senate, and ofheiateil 
 ■with great dignity, lionor and satisfaction. 
 In hoth ])ranelies of the Legislature he proved 
 Inmself, with his clear and logical rjiind, to Ijc 
 the man occasionally found in our legislati\'e 
 bodies who unties the knot and tangle of de- 
 Ijate and, dealing the atmospliere of discussion 
 of the fog wdjich i.s so apt to inx'cst it, simpli- 
 fies the question before the house and enables 
 its lje\\'ildered members to arrive at a just and 
 accurate understanding of its merits. His ac- 
 complishments as a legislator and as a i-eady 
 debater were recognized and a(hjnred, and his 
 service of thi'ee years in the House aird tliree 
 in the Senate won for him a high reputation 
 and sulisetjuent lionors. \\'ithin tlie next few 
 3'ears he declined judicial and other public 
 positions in fa\-or iif the ])ractice of his pi'o- 
 fe.ssir)n. 
 
 In the fall of 1.S90 Mr. fillsbury was nom- 
 inated by the Iie}iublicans and elected attorne\'- 
 general of Massachusetts, and was re-elected in 
 lS9l and 1S92, serving in all during the years 
 ISSH, IS!)::; and 1S9;;. He w'on special dis- 
 tinction and honor in this capacity, and it is 
 not too much to say that since tS.lS, when 
 •John Henry Clifford left the office, not one of 
 its lune iiK.annlients has performed its duties 
 with moi'c brilliant ability and marked success. 
 Certainly since the trial of .John W. Webster, 
 in wdiicli Attorney-Cenci'al Clitfoi'd, assisted 
 by liis able junior, (Jeorge 15emis, so distin- 
 guished himself as to cause Samuel A\'arren, 
 of the English bar, to say "that his rejily for 
 
 the [)i'osecuti()n cannot be excelled in close and 
 conclusive reasoning con\-eyed in language 
 equally elegant and forcible," no greater pro- 
 fessional triumph has been won by a prosecut- 
 ing officer of the Commonwealth than that in 
 the famous trial of Trefethen in Miildlesex 
 county, in which Mr. Pillsbury, by a masteily 
 treatment of the chain of evidence, secui-ed a 
 conviction in spite of the eflijrts of the ablest 
 counstd foi' the defense, and in o[ipr)sition to a 
 general public ojiinion. Hisothei- most notice- 
 able work as attorney-genei'al was his argu- 
 ment befoie the connnitteeon Merchant Maiine 
 and Fisheries of Congress in Ahircli, 1892, un- 
 der instructions from the Legislature, in de- 
 fense of the i-ight of Massachusetts to pi'oleet 
 her shore fisbei'ies, wdnch crmvinced the com- 
 iinttee and stayed the contem})la,ted intei-fei-- 
 ence of ( 'ongress on that subject; and his 
 argument l)efore the United States Su})reine 
 (_'ourt at the October term, LSI);!, in support of 
 the constitutionality of the oleomargarine laws 
 of Massa(diusetts, which wei'e alleged to \'io- 
 late the connnerce clause of the Federal Con- 
 stitution. 'Jdie Massachusetts laws were sus- 
 taineil by the cfiurt, contrary to the general 
 expectation in \icw of iirevious decisions. 
 Since retiring from the attorney-generalshi}i in 
 •January, 1894, he has been actively engaged 
 in Boston in the pi-actice ot his prcifession, 
 chieHy in (/oiniection \\\\\\ large corporate in- 
 terests. He is one i)f tin.' ablest Icailei's of the 
 Sutfblk Ijar, and as a lawyei' and advocate has 
 arliit'\-ed moi'e than a State reputation. 
 
 Wy. LMllsbury was prominently mentioned 
 for go x'crnor of Massachusetts in 1X92, and in 
 1.S9;] was the leading candiilate for the Ue})ul)- 
 liean nonnnation against the late Frederi(; T. 
 (b'eenbalge, liut witlnh-ew bis name ainl maile 
 the nominating s[)eech foi- ( li'cenbalge in the 
 con\'entioii. H(.' has also gained a wide repu- 
 tation as an orator and camiiaign si)eaker, and 
 in LS90 delivered, In- ajipointnient, the ainiual 
 Fourib of .luly oration liefore the municipal 
 authorities of the city of Loston, on " Fuldic 
 Spirit." In LS9(i he succeeded Lion. Jvhvard 
 ■I. I'helps as Icclui'ci- on constitutional law in 
 
BIOGRA PHICAL.—MASSACHCS/iTTS. 
 
 165 
 
 the ISoston rni\'oi'sity Liiw Si'IkioI. IIi' is 
 viee-[iresi(:lent oftlu' rniti'd States I'rust <'oiii- 
 paiiy of 15oston, a trustee oftlie Franklin Sav- 
 inns l)anl<, a t'oun<latioii inemlieroF the i)()stmi 
 r>ar AssDcialioii, a iiieuilK'r of thi' AiiierLean 
 Aeadeniv of Political and Soeial Seience, and 
 an ofHe(,T orinemhcr of se\t'ral soeial and })0- 
 litieal elabs, and literary and cdiaritahle or- 
 .nanizations. lie was the fnunika' (if the Sons 
 (if New Haniiishire in Bostdii. Jn ISS!), at the 
 lirst y'athorinL;' of his/aniily in Xe\\'linr\'port, 
 lie was elected and still I'eniains pix'sident (if 
 the National Association of the I'illsliury I'^aiii- 
 ily, wdiose ,ii,enealo,t;y has been recently puh- 
 lished hy Miss Emily A. Cetchell, of that city. 
 He received the lamoraiy decree of A. M. 
 from Harvard (_'ollcL;e in 1.S91. He has jmh- 
 lished se\-eral legal and other arguments and 
 addresses, is an occasional and welcome con- 
 tributor to newspapers and niauazines, and as 
 a citizen is }iublic spirited, pati'iolic and pj-o- 
 gressive. 
 
 TSAAC (JHAUXCKY WY^fAX, JJostdu, is 
 J_ descended from Francis W'yiiian, (if the 
 manor of 'Westmill, Herts, iMigland, who died 
 in HioS. The name is (if Norse (irigin, com- 
 mon with Norse peoples, and sp(dle(l in \'ari- 
 ous ways, often aftei' the ancient form of A\'y- 
 mund (I]' \\'ymonth. Lieutenaid -John W'y- 
 man (1), third son of Francis, was boi'ii about 
 Hi2], came to New England alidut 11140, and 
 died at Woburn, Mass., whei-e his sfin, f^ieu- 
 tenant Seth A\'vman (2), (lie(l in ]71o. Setli 
 had a son, ('a[itain W'yman (3j, wdio a(diie\'e(l 
 distinction at " Lo\'(.'well's Flight," and wdio 
 finally died (if his wounds. Hezekiah W'yman 
 (4) was boi'ii in W'oliurn and b(;came a soldiei', 
 ser\'ing in Wolfe's campaign and elsewdiere. 
 His sdii, Lsaac \\'\'liian (oj, fathei' of the siib- 
 je(;t of this sketch, was boi-n in the Second 
 I'arisli, (Aimbridge, ^^ass., .January 1, 17(;2, 
 and died at Salem in iS.'Jfj. Asa soldier in 
 the Kevolutionary army he served in the liat- 
 tles of Lexington and Bunker Hill, and at the 
 siege of Boston, where he acte(| in [ilace of 
 
 Iteeil, wdid was Sfai'k's lieutenant-colonel. 
 He sei'N'ed until the peac(.', and Ihei'eaftei' de- 
 \'dte(l himself td acti\'e business. In l,S20he 
 mai'i'ied j^lizabelh ingalls, dauglitei' of H(airy 
 Ingalls, F. S. X., and Susan (Br(iwn) Ingalls. 
 It is :i notew'orfhy faci (hat a lai'ge numbei- of 
 Isaac ( '. Wyman's anc('stors w-(.a-e sdldiers in 
 the ('(ildinal and RcN'dlul iduary wai'S, and 
 that he is the Sdii (if diie wdid sei'X'ed tbl'dUgh- 
 dut Ihesii'Ugglc Idi' Independence. Their [jat- 
 ridlism and hix'e df free(l(iiii wei'c aiiKing their 
 chief chai'ac(eristi(;s, and a I'e no wheix' bettei' 
 (lisplaye(l than in the pei'sons (if .hiliii W'yman, 
 one df Ml'. Wyman's immediate aiices((irs, wdio, 
 being a c(imparati\'ely i'i(di man, contributed 
 on (iiie dccasidii e\-erv una! ta(die(l cent that he 
 had in the wdiTI td the caus(.> of Amei'ican 
 
 ISA.AC C. WV.MAN. 
 
 liberty. In ,M |-. Wyman's pdssessidn is the 
 tdlldwing ivceipl. signeil by (ienei'al Washing- 
 tdii, of the ti'ansactidii j ust mentidiied ; " Kdx- 
 linry .Jan. 1, ITTd. KeceiN'ed df .bibn WAiiian 
 
 (if Salem, the su f eight (hdusand ]i(iun(ls, the 
 
 same td be de\-dt(.'(l (owards i he maintenance 
 of the ai'iiiy under luy cdiiniiand. Signed, 
 ( (Cdrge Washingtdii, (Jeneral ('ommanding 
 < 'didinental Army. In camp befdre Boston." 
 
166 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 Isaac ('. W'viiiaii, son of Isaac ami Eli/.nlietli liar ami lirouylil liiiii into proniinence \-erv 
 
 (Jn,ii;alls) Wvuian, was liorn at " Forest Kiver," cai'ly in his local career, ami in later years he 
 
 then calleil '■ Wyman's Mills," near Salem, Es- steailily aiMed to his rejiutation hy the ilis- 
 
 sex county, Mass., -lannaiy .'SELSjiS. Heat- jilay of marked ahility and skill. His practice 
 
 tende(l a [lul die hoarding' school and aftei'wanl was lar,L;el}' in the line of shi[)pin,i,', rjiercantile, 
 
 entered Princeton ['niwi'sity in New -lerse)', and real estate law. In I.S(;(1 he was elected 
 
 from which he was graduated A. 15. in 1.^4^ president of the Marhlehead National Bank, 
 
 and from \\hi( h he received the degree of A. and since then he has heen largely engaged in 
 
 M. in course in l.S(Jl. There, under the presi- hanking, i-eal estate, and hnancial matters, 
 
 dency of ])r. .lames (Airnahan, a noted Scotch and with the law relating to those liranches. 
 
 educator, he laid the foundation of a hroad and Since 1.S(i2 he has had no paj'tners. 
 
 liheral tiairiing and gained distinction as a Mi-. W'ynian is a memher of the Esse.x Iiisti- 
 
 scholar. He stood high in his cdass, which tute of Salem, of the New iMiglaml Historic 
 
 incluiled such noted men as Hon. William (lenealogical Society, and of the Masoinc fra- 
 
 A\'orth ]>elkna[), seci-etary of war in President ternity, and a ti'ustee of Huirnriei' Academy, 
 
 CJrant's cahinet; ( 'aspcr Iloilge, jiresideni of the cddest academy in the Hnited States, lieing 
 
 the girls' ainiex at Princeton: the late .lona- founded hy Sir William Dumujei' and estali- 
 
 thin Edwai'ds, founder of ( 'olorado riii\-ci'sity : lished largely h\- \{c\ . < 'hai'les Chauncev, D. D., 
 
 (Vilonel Afiei't, of the engineer coi'ps. P. S. A.: the second presiilent ( 1 (>.')4 to PiTI) of Har- 
 
 and .nidg(.' Pi'adley. <"if the Pnited States Su- \'ard Poll(.;L;e and one of Mi'. WA'manV ances- 
 
 prt'ine Court. On leaving Piinceton ^Ii'. Wy- tors. ^Mr. Wyman was ne\-(.'r mari'ieil. He 
 
 man entered the HaiA'ard Paw School, fi-om rcsiiles in Salem, ami maintains his law otiice 
 
 which he was graduated wilh the degree of in Briston. 
 PP. 1). in Ps.'tO. He ciiniinui.'d his legal studies 
 in Poston in the ridice of Benjamin P. Hallett 
 and ( 'harles ( ii-andison Thomas, then [larlners, 
 
 and was admitted to the Suffolk hai- .lune (i, TOIIX PARKIN THOPXPI P'E. Poston, 
 
 BS-'jI , since which time he has pi-acticed his O son of .lohn Hill Thoi-ndike and Sai'ah 
 
 profession in Poston. At the hegiinnng of his Anne Phillips Thormlike, was horn .Inly 27, 
 
 career he was for a tnne assistant to ]Mr. Hal- Ps44, at Boston, Mass., and has alwavs resiiled 
 
 lett (lirown Pnivcrsity ), who was Pnited there ami in its nc'ighPoiIiood. He is a direct 
 
 States commissioner and district alto)-ney for desceridant of -John Thorndike. of an old Pin- 
 
 the District of ^rassachnsetts, Put in Ps.'')2 he colnshii'c family, wdio came to X(.'w Pnglaixl 
 
 formed a cojiartnership with Mi'. 'Phomas (Har- in IG-'!:;, and settled at Ipswich, Mass., and of 
 
 vai'd ('ollege, PS-'iS). \\dii(di continued until his s<;in, Paul Thorndike, who afterward settled 
 
 Ps(l2. Huring this period he was exclusively at Bc\-i']'ly. This .lohn Thorndike was a 
 
 engaged in the prai-tice of law. younger Ijrotfier of Hi'iPert Thorndike, a iireh- 
 
 \\'hilc he was with Mr. Hallett .Mr. A\'yman emlary of Westminster Ahhev. one of the most 
 
 was conni-cted with some notahle trials, among leariK.'il men of his time and the author of 
 
 them heing that of Pajitain (Jaksrnith, of Port- numerous works. 
 
 land, who with his ves-el. Wandeivr, the last Mr. Thorndike was graduate<l from the Pos- 
 
 of the Ah-ican slave-traders, was captured, con- ton Patiii School in PsCi:!, from Harvard Col- 
 
 victed. and condemned. He was aPn identi- lege in Psdi;, and from IIar\-ard Paw School 
 
 fied with the famous higiti\-e sla\-e cases of with the degree of PP. p. in Ps(l,s. He also 
 
 Simms ami Piirns, and with the celehratcd studieil law in Boston with Thornton K. Po- 
 
 Dixie and Pitman trial. These aii<l other im- thiT.pand the Hon. Ih.l.ert P. Pi^hop and was 
 
 porfant ca.ses gave him a high standing at the admitte<l to the har at Boston .lune S, Pscs. 
 
BIO GRA PHICA I. . ~M. I SS. I CH I 'SE T TS. 
 
 1G7 
 
 Ininiciliately afttTwanl he ln'gau the goiK'ral 
 practit't' (if his protl'ssion in liostoii and ra}ii(Uy 
 oame into iiroiuinonce as a lawyer of recoi^-- 
 nizetl ahility ami industiy. Fnnu 1S74 to 
 1884 he oeeupieil adjoining oiiice.s with the 
 late Fianeis E. Parker. In ISST lie formed a 
 copartnership with Moorlield Stoi'ey and the 
 late Sherman Jloar under the hrni name of 
 Storey, Thorndike tt Hoar. The jnnior part- 
 ner withdrew upon his election to ( 'ongress 
 
 of ( 'amhi'idge, Mass.: they ha\c three (diildi-en 
 ()li\ia, -John Richard, and Alice. 
 
 JOH.^ I. 1 HuK.MilKE. 
 
 and the Hrni heeanie Storey t^ Thorndike, 
 whicii has since heconie .'-^torey, Thorndike it 
 Palmer, with Bradley W. Palmer as its Junior 
 member. 
 
 Mr. Thorndike has huilt up a lai'ge general 
 ci\ul practice, and hefore a court as well a.s in 
 the office has Ijeen eminently successful. lie 
 has contriliuted oc<;asional articles to the jn'css, 
 and was the editor of the seventh I'dition of 
 "Story on Promissory Notes" ami of a pai't of 
 the eightli edition of ''Story on ( 'outlict of 
 Laws." lie was a foundation rnemher of the 
 Par Association of the city of Poston and is 
 also a meiriher of the Somerset ('lul> and of 
 other social oi'ganizations. 
 
 He was married in .June, 187«, to Miss I'dor- 
 ence Greenough, daughter of Heni'}' ( ireenoiigh, 
 
 APlOXAXDPd; FAIPKIELI) WADS- 
 W'OPTPP ISoston, son of jVlexander 
 and .Mary ICli/.aheth llnl.liard (Iviirtield) 
 W'adsworth, was horn in Poston, Mass., .lanu- 
 ai'y '1>^, lS4n. His ancestors came fi-om llors- 
 foith, Yorkshire, near i^ceds, England, and 
 settled in Piixhui'y, Mass., whence his great- 
 grandfatlx'r, (icn. P(deg Wadswortli, removed 
 to Portland, Me., where he huilt tlie first hri<'k 
 house in the place. During the Revolutionai'v 
 war ( ienei-al ^\"adsworth was captured liy the 
 ISritislr at Pragaduce (now ( 'astine), but es- 
 caped, lie was adjutant-general of the Pro\- 
 ince of Massacliusetts. Py his wife, k^lizabeth 
 Partlett, a native of i'lymonth, he had ele\'en 
 children, of whom Henry, the sec(jnd son, a 
 lieutenant in tiie iVmerican na\'y, \'oluntarily 
 perished on board the lire shiii Intrepid, wdnch 
 was blown up before Tripoli on September 4, 
 PS()4. The thn-d child, Zilplia, married Ste- 
 phiai Longfellow and became tlie mother of 
 the poet, Ileni-y ^\'adsw■orth Longfellow. An- 
 other son, Charles Lee W'adsworth, left Poi't- 
 land for a farm in Hiram, Me., and had eight 
 sons and thive daughteis. One of these sons, 
 Alexander, the father of the subject of this 
 article, was born May G, PSIMi, and became a 
 noted civil engineer and surveyor in Boston, 
 wdiere he died February P"), PS9S. He sur- 
 \-eyed a large part of that city and its suburbs, 
 including .Mount Auburn ( 'emeter\', and in 
 18.'!") he took the |iri/.e of %^M) for a plan of 
 Peiidierton S(|uare, now jiartially occaipied l)y 
 the new Sullblk ( 'ounty ( 'oui't House. He 
 ser\'ed in the lioston ('ounnon ('ouncil, on the 
 P>oston A\'atei' Poard, and two years in the 
 Massachusetts Legislature. in A^'.Vl he mar- 
 ried Adelaide, daughter of Setli Wells, who 
 died in Ps:!4. In 1 s;!(i be married Mary lOliza- 
 heth Hubbard Fairlieid, daugbti.'r of .bihn and 
 Martha (Ilnbbai-d) Fairlieid. 'Jdirongh his 
 grandfatbei', Peleg, he was descended from 
 •John and Priscilla Alden of the Mavllower. 
 
168 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 Alexaniler F. Wadwwortli was educated in 
 private seliools and at tlie IJo.stcin Latin Sehool, 
 frum wliicli he- was .uraduated in 18.")(j. The 
 same year lie eiitere<l Harvard t'ollege and 
 was graduated with lienors in l.SdO, lia\'inij,' a 
 dissertation at counueneenient and holding 
 memhershi}) in the d'heta Delta Chi, the Insti- 
 tute of 1770, and the Hasty Pud<ling Club. 
 He i-ead law with ( 'larke tt Shaw in ]5oston 
 and at the Har\-ard Law Sehool, from which 
 he received the degree of LL.1>. in LS(i.'>, and 
 was admitted to the Suttblk liar No\'end)er '1\, 
 1863. During the following year he ^\•as as- 
 sociated with \\'illiam I. Ijowditch, hut \\'itli 
 that exception has practiced his profession 
 alone, devoting s])ecial attention to the law of 
 real estate, titles, conveyancing, trusts, ]iro- 
 
 AI,L\ANDtl; F. WAIJSWljRTH. 
 
 l)ate, etc. lie has heen emincntlv successful 
 and tor many years has occaipied a prominent 
 place at the Boston liar. His knowl('(lgc of 
 real estate law is hixtad and aciaii'ate, as is 
 ahundantly sliown hy the many important 
 tl'usts committed Id his cai'c. 
 
 Mj-. W'ailswoi-tli was a mendjer of tln' iioslon 
 <_'ommon ('ouncil in IS?."), fait with that ex- 
 ception has never held puldic oftice. He has 
 practically devoted his whole time and energv 
 
 to his i)rofession. He is treasurer of tlie ({wynne 
 Temporary Home for Cliildren in Boston, and 
 as a citizen is entei'prising, patriotic, and pi'o- 
 gressi\'e. He was married October 12, 187<J, 
 to Lucy (loodwin, daughter of t)ziasand Lucy 
 (Cha])man) Goodwin, of Boston. 
 
 WINSLOW W'AKREN, Boston, for- 
 merly Collector of tlie Port of Bos- 
 ton and Cbarlestown, is the only son of Dr. 
 Winslow Warren and Margaret Bartlett, sister 
 of the late Sidney I5artlett, for many yeai's the 
 leader of tlie Suffolk bar. His mother \\as the 
 daughter of Dr. Zaccheus and Hannah (.lack- 
 son) Bartlett and a lineal descendant of Robert 
 Bartlett, \^ ho carne to I'lymoutb, Mass., in the 
 ship Ami in l(!2.'i, inid who was married in 
 1628 to Mary ^\'arl■en. daughter of Richard 
 W'ari'cn, one of the immoi'tal l>and of May- 
 flower passengers in 1(;20. Mr. \\'ari-en is also 
 lineally descended on his father's side from 
 Kichard Warren of the Mayflower and is the 
 great-grandson of ( ien. .lames Warren, wdio was 
 the son of .laines and Penelope (^\'inslow) A\'ar- 
 ren, and who sue<-eeded D]-. .foseph ^\'arI■en as 
 [iresiilent of th(.' Pro\'iiicial ( 'ongress. (!en. 
 ■lames ^\'arren was Ixirn September 2.S, 1726, 
 in Plymouth, and died there Xo\'embcr 2 S, LsOS. 
 He wasa|)i)ointed judge of the Sui)i-eme ( 'ourt of 
 -ludicatui'C in 1776, but never took his si'at. 
 Ill \1')\ he married Mercy Otis, daughter of 
 ■lames Otis, of Barnstal)le, Mass., and sister of 
 •lames t)tis, the orator and patriot. The War- 
 rens, Partletts, Winslows, .Jacksons, and Otises 
 havi' been cfmspicuous in the colonial and 
 later history of Massachusetts, in public and 
 governmental affairs, and in the (juieter avo- 
 cations of [)rofessional and commercial lite, 
 and from them the suljject of tliis article in- 
 herited the sterling characteristics and intel- 
 lectual attainments which have won for him 
 him a notalde success and a distinguished 
 name. 
 
 Winslow \\'arren \\as Itorii in JMvnioulh, 
 Mass., March 20, l.s;;s, and I'cceived his pre- 
 
BIOGRA PHICA L. —MA SSA CHUSETTS. 
 
 169 
 
 limiuarv education in the pnljlic schools of 
 that ancient town. In 1854 he entered Har- 
 vard College and waH graduated therei'roni 
 with honors in 185(S. He read law at the 
 Harvard Law School for two years, graduat- 
 ing with the degree of LLdx in ].S6(J, and fin- 
 ished his studies in the ofHce of his uncle, Sid- 
 ney Bartlett, of Ijoston, with whom he re- 
 mained one year. He was admitted to the 
 Suffolk bar ^[arcli \'l. 1861, and since then 
 has been actively and successfully engaged in 
 the general practice of his profession in Boston. 
 He is essentially a luisiness lawyer, possessed 
 of cool, broad, and exact judgment, and for 
 many years has had a large trust and corpora- 
 tion clientage. As counsel for the Boston and 
 Providence Railroad Company he had charge of 
 the settlement of claims arising from the Buzzey 
 bridge accident, and out of a million dollars 
 paid in settlement only hfty tliousarid dollars 
 were paid on suits against the company tried 
 in court. His aliility as a la\\'yer and advo- 
 cate, his In'oad and comprehensive kno\\dedge 
 of the law, his high character, his native en- 
 ergv and sound common sense have won for 
 him a foremost position at the l«ir and a recog- 
 nized leadership among the profession. 
 
 He was a United States commissioner from 
 1861 to 1894, and in 1876 was tlie Democratic 
 candidate for the hn\-er house of the Massachu- 
 setts Legislature from Dedham, Ijut was defeat- 
 ed, the district Ijeing strongly Rejiuljlican. (Jn 
 Septend:ier 15, 1892, he was appointed ]>y the 
 Lnited States Circuit Court to examine the 
 records, files, and registry funds of that court 
 and report on the correctness and completeness 
 of the same. In this capacity he made an ex- 
 haustive re[iort m February, 1X94. On tlie 
 27th of the sanre month President Cleveland 
 appointed him CJollector of customs of the Port 
 of Boston and Charlestown, and he filled that 
 office with eminent ability and satisfaction for 
 four years, being succeeded under a Repuldican 
 administration by Ceorge H. Lyman, the pres- 
 ent incumjjent. Mr. Warren's a])|)ointment 
 was welcomed by the leading citizens and 
 menrbers of Ixjfh parties, as it was known that. 
 
 besides lieing a distinguished iawyei', he was 
 an able ]»usiness man, honest anil straightfor- 
 war<l, and eminently ([ualified for tlie position. 
 That he lillcd it with great ci-edit and honor was 
 universally conccdeil at the time of his I'ctire- 
 ment, in 189S. 
 
 Mr. Warren lias been for many ycai's a prom- 
 inent and acti\'e reformer, and was one of the 
 original meudjcrs, and is ikj^- \'ice-prcsi(lent, 
 
 
 mms^i^ m^ 
 
 
 
 
 '^^mt^a 
 
 
 4^ /' ^Hb^,^ 
 
 MH 
 
 4i^i iiir^^^ ^d^i^^l^^^Hi^^^^^^^^^^H 
 
 ^ 
 
 H^^l 
 
 WINSLOW WARREN. 
 
 of the Massachusetts Reform Club. He is 
 president of the Unitarian Club, vice-iiresidciit 
 of the Uni\'ersity (Jlujj of Boston, a mend^er 
 of the IMassachusetts Histf.irical Society and of 
 the Boston ISar Association, president ol' the 
 Massachusetts State Society of tlie Cincinnati, 
 and vice-})resident general of the Ceneral Soci- 
 ety of the (Jincinnati and ])resident of the 
 Bunker Hill Monumeid: Association. He has 
 resided in Dedham, Mass., for many years, and 
 is ])resident of tlie Dedham A\'atei' ( 'ompanv, 
 and \dce-]>i"esident of the Dedham Institution 
 for Sa\'ings. 
 
 He was married January .'!, 1<S()7, to Mary 
 Lincoln Tinkham, dauglit<.'r of Spencer and 
 Sarah (Lincoln) Tinkham, of Poston, and has 
 two sons aird two daughters. 
 
170 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 BL'SIIUOl) MORSE, Boston, \\w first 
 special justice of the ])istri(/t Court for 
 Southern Norfolk since l.Si)l, is a lineal de- 
 scendant of Saiiniel Morse, wlio came to Dor- 
 chester, Mass., in liJ.'U. iVnionn' his cidhiteral 
 ancestors are I'rof. Samuel F. ]>. Moi'se, the 
 inventor of tlie electric telegraph ; Benjamin 
 Franklin, patriot and <liplomat; and Chief 
 Justice Kent. Mis ni-andfather, Capt. John 
 
 BUSlHxOD IIUKSE. 
 
 ]\Iorse, was a prominent citizen of Sharon, 
 Mass., where the sulject of this article was 
 ])orn, a son of W'illard and Eliza ((Tlover) 
 jMorse, on the '24th of August, l.S.'JT. Judge 
 Morse attemleil the pul)lic scIkioIs of his native 
 town, the P]'o\'idence (K. I.) rVmference Sem- 
 inary, ami till' I'iej'ce Academy at Middlehoro, 
 Mass., and in 1 s.3() entereil Amherst College. 
 Ill health finally compelled hiiri tfi ahandon 
 a cherishi'd cijllegiate course, and after re- 
 cuperating he took up the study of law. Hrst in 
 North Easton, Mass., aftei'ward in Ijoston. He 
 was adnutted to the Suffolk Ijai' Nin'emljer o, 
 1S(;4, ami since then has heeai engaged in act- 
 i\-e practice in Ijoston, lundiig his fifhce from 
 the first at Xo. 27 Sclniol street. Dtii-ing re- 
 cent years he has gi\-en his attention chieffy to 
 a large piTjhate and insolvency husiuess. In 
 
 1,S(;4 ( iovernor .Andrew appointed him a justice 
 of the peace, which office he has ever since 
 held, and on May l."5, 1<S9], (iovernor Russell 
 appoiided hinr the first special justice of the 
 District Court for Southern Noifolk, wdiich 
 position he also still holds. In these capacities 
 he has officiated with great al.iility and credit, 
 displaying a hroad knowdedge of jui'isprudence 
 and a sound judgment and connnon sense. 
 
 He has contnuiously resided in Sharon on 
 the old Moi-se homestead, a picture.s(jue estate 
 near Eake Ma.ssaiioag, wdnch descended to him 
 and his Ijrothers from their grcaf-gi'andfatlier, 
 Cileail Morse, an English soldier under (icn- 
 eial ^\'(dfe, who hought it on his return from 
 the Fri'nch war in 17()4. -ludge Morse has 
 heen jironnnent in town and State affairs, Ijc- 
 ing chairman of the Sharon School ('omnnttee 
 for a time ami ser\dng in the lower liouse of 
 the Massachusetts Eegislatui'c \\\ 1.S70, iS.S.'j, 
 ami 1SS4. In the lattei- hoily he was pi'om- 
 inent ami intfueutial, and in l.S'S4 was chair- 
 man of the (/ommittee on [irrihafe and chancery. 
 He was also memher of tlie DemcH/i-atic State 
 Central (.'omnnttee for some time, a delegate 
 to the National Democratic Convention at Cin- 
 cinnati in isso.and a candidate for pi'csidential 
 elector in fs.sj and iss,^. In issO he was 
 the Dt'niocratic candidate foi- Congress in the 
 Second ^Massachusetts district against ex-Gov. 
 .John I). Long, and although he was defeated 
 in a Rcpuhlican stronghold hy less than ■2,(j()0 
 votes he carried Norfolk county liy a majority 
 of 223. He again ran for member of congress 
 in fsijU, when \w received the highest vote 
 ever cast foi- a Democratic congressional can- 
 didate in his disti-ict. 
 
 Tlie workingmen l]a\-e had in .Juilge Morse 
 a staunch and faithful friend, ami they have 
 manifested their appreciation of his efforts in 
 their hehalf hy liherally supjjorting him at the 
 polls. His ahle and intelligent advocacv of 
 legislative measures calculated to ail\'an(;e their 
 interests gained for him a wide re}iutatirni and 
 much popularity. He has also licen a pr'om- 
 inejit advocate of tariff' reform, and his addresses 
 thereon, embodying tlie results of his careful 
 
BIOGRAPHICAL.— MASSA CHUSIi ITS. 
 
 171 
 
 in vc^ti<j,ati(ins, mid set. foi'th in xMLioi-ous Eng- 
 lish, ha\'t' \)(X'\\ jiuMislu'd in tlie leading jour- 
 nals in the country and 1ki\i' attracted maieral 
 attention. As a citizen he is jiuhlic s[)irited, 
 patriotic, and euter])risiHt;', lilierally eiicoui'ajj,- 
 inti,' and supporting e\'erv cMinnnenihdile work, 
 and taking a deep interest in all worthy ni<>\e- 
 nients. ^Vs a la\\')'er he has gained a high 
 standing at the har, and in prohate pi'actice is 
 a recopiiized authorit^■. 
 
 WILLIAM ALEXANDER (LVSTON, 
 lioston, is the only sur\-i\'ing son of 
 tlie lati' ( io\'. William (iaston, LLd)., and 
 Louisa Augusta Leecher, his wife, and was 
 born in lioxhury, now a part of ISoston, .Mass., 
 May \, LS59. He was educatt'd in puhlic and 
 }>rivate schools and at the Ro.xhury i>atiii School, 
 graduating from the latter institution in Isyil. 
 In the same year he entered Harvai'd I'nivei- 
 sity, from which he was graduated with honor 
 iiiLSiSO. While in college he took a [)rfiminent 
 part in athletics, especially in hasehall and 
 kimlred spoils. lie spent two years in the 
 Harvard Jjaw School, and from Scptcm])er, 
 1S82, to May, 1S.S3, read law with his father. 
 After spen<ling a summer in ICuropc he was 
 admitted, in Septemher, Lss:], to the Suffolk 
 bar, and at once formed a partnership witli his 
 father and C'harles L. ]>. W^hitney for the prac- 
 tice of his profession. The tirm of ( laston & 
 Whitney was dissolved in 1 H.S.S by the with- 
 drawal of Mr. A\diitney, and father and son 
 continued until 1.S90, when Frederic E. Snow- 
 was a<lmitted under the style of (laston A 
 Snow, \\hich remaiiie(l unchanged until No- 
 vember 1, LS9y, wdieii Richard ]M. Saltonstall be- 
 came a member aii<l the firm name was chang- 
 ed to that of (laston. Snow A' SaltonstalL ( io\-- 
 eriior (iaston, the senior member, retii-eil in 
 1891 and died .January 19, 1894. 
 
 For a number of years after his admission 
 Mr. (iaston enjoyed a large and successful prac- 
 tice in the courtsand before juries, and raiii<lly 
 gained a high standing at the ])ai'. This is 
 
 especially applicable to a jn'riod following his 
 father's retii-ement. Latlcily, howe\'ei-, the 
 linn's Inisiness has been largely in the depart- 
 ment of eoi'poration law, in which they are 
 ext-ensi\'(.dy engage(l. Mr. (Jaston is an excel- 
 lent lawyer and adx'ocate, and in his special 
 branch has a(diie\'ed considerable eminence. 
 lie has successfully handle(l many large and 
 important cases, and is recognizeil as one of 15os- 
 ton's strongesl and ablest ein-poration lawyers. 
 
 WILLIAM A. GASTON. 
 
 He is a man of the highest integrity, a shrewd 
 ami safe counselor, and a leader of great sagac- 
 ity and acumen. He was one of the ]>rincipal 
 organizers and has continuiaisly been presi- 
 dent of the Hoston I]le\ale(l Railway ( 'om- 
 pany, wdii(di r<'prt'scnts an in\'esiment of 1?-")"),- 
 (HIO,(MH). lie is also a ilirecioi- and a mendier 
 of the execnti\'e committee of the National 
 Shawmut l)aid< of Uoslon, the largesi linan- 
 cial institution in New I'jigland, and a trustee 
 of till' lh'o|irieloi's of I'oi'est Hill ( 'emeterv, 
 dii-ector of the ( 'oloniid Nat ional liaidv of l!os- 
 P)n, director of ( he New iMigliind ('otton Yarn 
 ( 'om[>any, and is intert'steil in x'arious other 
 corporations and enterprises. In these posi- 
 tions as well as in the praclicc of his prol'ession 
 he has de\'elope(l jinaiicial ability which ranks 
 
172 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 him ainon,<;- the hnuUnt^' Hnaiiciers of New En<j,- 
 hm(h He is a ineiiilier of se\'eral oi'j;aiiiza- 
 tioiis of a social and patriotic nature, such as 
 the Somerset, UniN-ersity, (.'ountrv, Excliaiige, 
 and Algoii(|uin (.'hihs, tlie Bostonian Society, 
 the Historical ^Military Society of Jloxljury, 
 jMassachusetts Horticultural Society, etc., ami 
 for three years he was assistant adjutant-general 
 Avitli rankof colonel on ( iox'ernor Ilussell's statt. 
 Like his distinguished father, \\d)0se memoir 
 ap})ears in this \\'()rk, Mi'. ( iaston is puldic spir- 
 ited, enterprising and progressi\'e, and as a 
 citizen and lawyei' is widely res})ected and 
 esteemeil. 
 
 April 9, l.s;)2, lie was married to May 1)., 
 daughter (if Hamilton 1). and .Viniie L. Lock- 
 wood, of Boston, ami they have three childi'eii 
 livinfr: Buth, A\'illiarn and .fohii. 
 
 EDWIX (JAMEBOX (;IL:\IAN. the.son of 
 Samuel and .Jeanette (Bae) Gilman, was 
 liorn in Boston, Mass., on the 29th of August, 
 
 EDWIN C. CILMAN. 
 
 LS51. Mr. (lilmau recei\-ed his education in 
 the pulilic schools of lioston, where he has 
 always resided. lie read law in his native 
 city witli Moses Williams and the late Clement 
 K. Bay, and was admitted to the Sulfolk har 
 
 June 10, 1«7-'!. Immediately afterward he 
 estaljlished himself in general practice in Bos- 
 ton, and hy perseverance and industry, .secured 
 a foothold in the profession. 
 
 Li Bs.s.l he hecame the attorney for the 
 I^amson Con.solidated Store Service Company, 
 and since that time he has had charge of its 
 legal Inisiness. 
 
 He hecame a memlierof the Bar As.sociation 
 of the city of Boston at the time of its estal)- 
 lishment in 1X7(1. 
 
 GE0B(4E LrrCH BOBERTS, Boston, son 
 of lieuheii and .lane (Litch) Boherts, was 
 hiirii in Boston, Mass., on the 30111 of Hecem- 
 her, ls;i(j. He is descended from eight succes- 
 sive generations of New iMigland ancestry, 
 reaching liack to the earliest English settlers 
 of Dover, N. H., on his father's side, and of 
 Hingham, ]\Iass., on his mother's. 
 
 i\L-. Bolierts was graduated from A\'esleyan 
 L'niversity at Middletown, Conn., .June 22, 
 1s.j9. Afterward he s[ient three years in 
 teaching mathematics, and then studied law 
 at the Harvard Law" School and in the office 
 of the late Lion. Benjamin Bobljins (Airtis, for- 
 merly an associate justice of tin; Su|)reiiie ( 'ourt 
 of the Bnited States and one of the al)lest law- 
 yers and jurists of Ins time. ]\B". Bolierts was 
 adnntted to the Suffolk har -luiie 7, l.S(i4, and 
 as a counselor of the .Supreme ('ourt of the 
 I'ldted States A[iril 1, 1870. L'pon his admis- 
 sion to the liar, he began active practice in 
 Boslon. opening an ollice at -'SJ School street, 
 where he remained until Se[itemlier 20, 1877, 
 and siiR'c that time he has been located at 95 
 Milk street. He has been a mi'inber of the 
 Boston liar Association fi-oni tln' date of its 
 organization in 187(j. 
 
 Since 1870 Mr. Boberts'siiractice has lieeii al- 
 most wholly connected with patent litigation, 
 and has extended to cases iieiiding in the 
 I'liited States (_'ourts of every one of the nine 
 circuits. Among the ini]io]tant suits in wdiich 
 he has been engaged may be mentioned the 
 "pebbling macliine cases," 18(35-1872, wdiich 
 
BIO GRA PHIC. I L. —MA SSA CH USE TTS. 
 
 173 
 
 involved the interests of tlie entire leather 
 trade: tlie "aniline-ljlaek ease," l.S7-!-l STT, 
 whieh att'ected most of tlie print-woi'ks in this 
 country; the "spindle eases," 1 ,S77-1 cS.SO, in 
 wliieh prominent manufacturers of cotton ma- 
 chinery and several cotton mills were con- 
 cerned; and some of the principal "telephone 
 cases," \\-hieh were litigated during tlie decade, 
 1<S79-18,S9. Some of the suits thus rt'ferrcd to 
 
 GEORGE L. ROBERTS. 
 
 ^\"e]■e W'ooilman \'s. Stimiisfni, ;; t^islier's I'at- 
 ent( ases, .SS; Stimpson \-s. AA'oodmaii, inA\'iill, 
 117: Woodman I^djhlinj,' Machnie ('ompany 
 vs. (iuild, 4 Clifford, Is.;: I'cail \-s. The Ap- 
 pleton ('om[>any, •'] Fed. ];(■[)., 1 •')•'> : Americau 
 Bell Telephone Co. vs. Amcric;in (Aishman 
 Tele[)hone Co., :]•■) Fed. Rep., 7;!4: Ameriean 
 PJell Ttdeplione Co. vs. Cushman "i'elephonc 
 and Service Co., ;!(j Fed. Itcp., 4<S«. 
 
 V\\ Xovemlx'r, 1<SS9, the American liell 4'cle- 
 phone Company enti'usted to him the ^ircpara- 
 tion and conduct of the defenses in the suit 
 which had heen hrouglit a,gainst it l)y the 
 l.'nited States to i-epeal the fujidamental tele- 
 phone })atents originally granted to Alexander 
 Graham Bell; and for seven years thereafter 
 he was exclusively oeeui)ied with that work 
 until finally the government I'dimjiiished tlie 
 
 contest. Ml'. Hoherts is one of the leading 
 patent lawyers in Nt'w J'^ngland. The emi- 
 nent success and reputation which he has 
 achieveil at the har, and especially in the field 
 of patent law, ha\'e heen the result of exclusive 
 de\'otion to his professional work, comhined 
 with recognized ahility, manifest skill, and 
 sounil learning. W'lule avoiding puhlic office 
 and political ])refernH'nt, he has heen a consci- 
 entious and patriotic citizen, always deeply 
 intei'cstcd in the welfare of the community. 
 
 Mr, Koherts has resided in Boston continu- 
 ously since Octoher "1, ISO'i. Jle was married 
 Decemher 1, 1865, to llinda, ]]arnes, daughter 
 of Duane and Cynthia (Turner) Barnes, of 
 Middletown, (_'onn., and they have had two 
 children: Odin Barnes Jvoherts, who was 
 graduated from Harvard University, \. B., 
 June ;]<), BSSli, and FL.B. and A.M., June 34, 
 1891, and who has since heen [iracticing law 
 in Boston; and Jlarold l:!a,rnes Roberts, who 
 was graduated S. B. froui the Massachusetts 
 Institute of Technology, .June ;!, 1.S90. 
 
 AUCHIISALD MURRAY HOWE, Bos- 
 ton, is the son of James ^furray and 
 Harriet Butler ((_'larke) Howe, and was born 
 in Xortliam[>ton, Hampshire county, ^lass., 
 on the liOth of :May, 1.S48. In 1849 the fam- 
 ily moN'cd to Rrookline, Mass., wliere he at- 
 tended the private and ]>uhlic schools. Cradu- 
 ating from the Biriokline High School in 18(J5 
 lie entered Har\'ard College, where he took a 
 regular four years' course, from which he was 
 graduated in l<S(i9. Among his classmates 
 were Austen ( t. Fox of Nisw York city, Ed- 
 ward H. Bradford, ^1. I)., Russell Gray, James 
 J. Myers, Henry \\\ Putnam, Benjamin L. M. 
 Tower and Josejih B. Warnei'. 
 
 On leaving college Mr. Howe entered the 
 Harvard La,w School, from which he was 
 graduated with the degree of LL.B. in 1871. 
 He continued his legal studies in Boston Avith 
 his uncle, George S. Hillai'd, then (huted 
 States attornev, and later with the firm of 
 
174 
 
 THE JUDICIARY AND THR BAR OF NEW ENGLAND. 
 
 Ilillavd, Hyde tt Dickinson, ami Mas admitk-d 
 to tlie Suffolk har in .lunf, 1.S72. Since then 
 he has practiced his pvotessiou in ISoston, lia\'- 
 iug hut one partnership, which existed a few- 
 months, when he was in business with Henry 
 F. Buswell and Charles \\. Waleoit. At i)res- 
 ent he is associated with Andrew Fiskc. Mr. 
 Howe has confined hiiriself, es})eeially of late 
 years, almost exclusively to oHice work, and 
 
 ARCHIBALD M. HOWE. 
 
 largely to conveyancing, to the a<lministj'ation 
 of estates, and to general eoirnriercial law. In 
 these branches his natural ability and broad 
 legal training ha\'e gained for him a high 
 reputation and an honoralile standing at the 
 bar. Frojn the first he has been uniformly 
 successful. 
 
 Early in his professional career Mi-. Howe 
 was for two years pri\'ate secretary to the late 
 Hon. Henry L. Pierce, member f)f the Fort}-- 
 third Congress, in Washington, and during 
 this period gaine(l a taste as wtdl as know-l- 
 edge of pul)lic aiiairs w-hich has ever since 
 been one of his chief a\'ocations. He has al- 
 ways been independent and self-i-eliant in bis 
 political actions. He has resided in Cam- 
 bridge since ISIJT, and was a mendicr of the 
 
 Camliridge Common Council from iSTo to 
 FS77 inclusive and of the lower hou.se of the 
 .Ma.s.sachusetts Legislature from Cambridge in 
 1,S91, serving in the latter body on the com- 
 mittees on constitutional amendmeiits and pi-o- 
 bate and chancery. 
 
 It is pi-actically imi)Ossihle to give, in this 
 brief sketch, a clear and adequate account of 
 the numei'ous puldic movements in w-hieh Mr. 
 Howe has been engaged. His efforts have 
 been exerted in many (piarters and in widely 
 diversified fields of usefulness. Jtcform meas- 
 ures, religious matters, and various public and 
 semi-public interests have claimed bis atten- 
 tion, and in several channels he has achieved 
 eminence and honor. Foi- many years be has 
 taken an active part in promoting or opposing 
 measures before the Legislature, not only lend- 
 ing them his professional assistance, but exei't- 
 ing a wholesome influence for or against them 
 as the welfare of the community demanded. 
 He was fine of the earliest memjjers of tlie 
 Massachusetts Keform Club and has lieen one 
 of its vice-])i-esidents. In the ad\-ancemcnt of 
 ci\'il service reform be has been especially act- 
 ive, both in the rjomrnonwealth and at Wash- 
 ington. He \\-as a membei- of the executive 
 committee of the Massachusetts lndepen<lents 
 in 1884, and for tive years has been a director 
 of the American Unitarian Association, in 
 which lie is very prominent and useful. He is 
 also a member of the liar iVssociation of the 
 citv of Loston. These \'arious fields of activ- 
 ity have not draw-n him from the ])ractice of 
 the law, but on the contrary have afforded him 
 reasona])le diversion from ])rofessional laboi- 
 without in any way relaxing his attention to 
 its arduous duties. While bis public career 
 has been a useful one bis life as a lawyer has 
 lost none of its success and honor. 
 
 Mr. Howe was married .June 4, LssL to 
 Arria S., daughter of Fpes Sargent Dixwell, 
 the noted and distinguished teacher of (_'am- 
 bridiie, Mass. 
 
BIOGRA PHICA L . ~MA SSA CH USE T TS. 
 
 175 
 
 WILLI A-^[ BADGER LAWLLXCl], 
 Bo.'^ton, only son of (ion. Samuel 
 Ci'ocker Lawrence and (,'aroline Helieeca l>a<l,n- 
 ei', wa.s liovn in C'harlestown, now a i)aTt of 
 Boston, Mass., November l(i, 1 S-KJ. LLs father, 
 (ien. Sanuiel Crocker Lawrence, son of Daniel 
 and p]lizaljetli (Crocker) Lawi'cncc, \A-as horn 
 in Medford, ^Liss., Noveniher -I'l, Ls.'i:^, was 
 ^nuluated from Harvard Collej;e with lii.<j,h 
 honors in IS.do, and at the breaking out 
 of the war was colonel of the Fifth Le^i- 
 ment, which was one of (he tirst organiza- 
 tions to \-oluntcei' in LS(.;i, heinu; ordt'red to 
 re[)ori tor duty April 19th. lie resigned as 
 brigadici-general Au,i;ust -JO, 1,S(;4, and in 
 1S(;9 was elected connnander of the An- 
 cient and Ilonorahle Artillery ('oin[)any of 
 Massachusetts. He was three limes grand 
 master (.)f the ^Lissachusetts (Irainl Lodge of 
 Masons, and for ruany years has heen presi- 
 dent of the Eastei'n and otlier railroads. He 
 married (Airoline Rehecca, daughter of Hew 
 William and Lehecea (Taylor) Jiadgi'r, and 
 they liaxe (w^o (diildren : ^\'illiam IS. and 
 Louise. She is desceniled from (dies l!adg(.'r, 
 who came from England \\ith two Iji'otlu'rs, 
 and who \\as li\ing in 1()43 in Xewhuiy, 
 Mass., where he died January 11, l(i47. Her 
 maternal grandfatlier was -lohn Tayh.ir, a cap- 
 tain in the Revolutionary war. Rev. William 
 Ijadger was a well kimwn Freewill Baptist 
 nnnister in Wilton, Farmington, and other 
 places in ALdne, and was the father of Ahnei-in 
 F. Badger, the law [lartner of Hon. < ieorge S. 
 Boutwell while the latter was secietai'y of the 
 treasury under President (d-ant. 
 
 Wdlliam I>. Ijawrei]ce was graduated from 
 the Boston Latin School in LS7-J with the 
 Franklin medal and other prizes. He then 
 entered LLir\'ard College, fi-om which he was 
 gi'ailuated with honors in 1S79, holding niem- 
 hership in the I'hi licta Kappa and Signet 
 Societies. Wdiile thei'C he devoted spe(dal at- 
 tention to political economy and the languages 
 and stood high in his (dass. iVfter graduating 
 he entered the Harvai'd I^aw School an<l I'c- 
 c(.nved the degree of LL.J3. therefrom in LS.S'J, 
 
 meanwhile hcing a studeul in (he oftice of tlie 
 late Hon. ('harles Le\-i \\'oo(ll)ury, of Boston. 
 He spent a yeai' in FjUi'opean (I'avel and upon 
 I'cturning lajiiie \\as admiited to the Suffolk 
 har in .June, ls,s;). Ahout the same time he 
 w;ls also admideil lo (he Fidicd States Coui'ts. 
 Vox a short time he was associated with the 
 late Xatliaii Moi-se, hut otherwise he has pi'ac- 
 ticed alone, gi\'iiig spc(dal atteidion to raili'oail 
 
 WILLIAM I-i. LAWRENCE. 
 
 and corporation law. As a lawyer and aih'o- 
 cate he has heen eunnently successful, and 
 iluring the fifteen years that he has l.ieen at 
 the har has actcfl as counsel in many im])0r- 
 tant cases. His ahility, industry, and sound 
 legal knowdedge ha\'e gi\'en him a high stand- 
 ing in the [)rofessioii. 
 
 Air. Lawrence has s[>en( his entire life as a 
 n.'sident of Mi'dford, Mass., where the family 
 liveil at the time of his hirth. He has long 
 heen prominent in the affairs of that town and 
 city, serviug i( froui Isss to l.S9(l, before its 
 incoi'poi'at ion, as a member of (he ISoards (.if 
 Selectmen and ( )\erseers of the I'oor, and aftei'- 
 ward, in lS9l and LS9'.:!, as repi'cseiitati ve of 
 the city in the lowci- house of (he Massachusetts 
 Legislatui'c. In the latter bo(l\' he \\'as a mem- 
 
176 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 bcr of the cDinmittees on (Irainat^^e and [irobate^ woiiic fraternity, l)eiiig a ]iafst ileputy district 
 and insolvency in 1891 and of the judiciary grand master of tlic (irand Jjodge of Afassa- 
 comniittee in ISSCJ. In l.S9;] and 1S94 he chusetts, and grand master of tlic ( Iraiid Lodge, 
 represented in the State Senate tlie oM First past master of Mt. liermon Lodge, past liigh 
 jMiddlesex district, comprising the cities of priest of ^Nfystic ('liapter, R. A. M., past tlirice 
 Somerville and Medford and the towns of Arl- illusti-ious iriaster of Bedford Council, If. & S. 
 ington and ^\'illchester, and during tliose ses- AL, ]iast grand master of tlie (Jrand Council 
 sions he sei'ved as floor cliairman of the com- of Massachusetts, and commander (LS9.S and 
 mittee on rules, as chairman of the committee 1899) of Boston Commandery, K. T., the 
 on the treasury and of the juint committee (>n largest l.)ody of Kniglits ^rcmplar in the world 
 ex})enditures, and as a member of the commit- and one of the oldest in the United States, 
 tee on the judiciary. lie was a leader of the He is also a member of all the Scottish Rite 
 Repuljlican side and M'as very active in shap- bodies and of the Supreme Council, thirty- 
 ing important legislation, l)eing largely in.stru- third degree, \\hicb he received in Pittsburg, 
 mental in securing action which resulted in Pa., in lM9(i. Jle has delivered a number of 
 the erection of tlie present North Union sta- political siieecbes and written occasionally for 
 tion in l->oston and in obtaining (he passage of the juvss, and in every capacity has faitbfullv 
 the measure which biought about speedier and etficiently discharged the duties of a pul.)- 
 trials in the Suj)erior Court. lie was also a lie s]iirited, patriotic and progressive citizen, 
 leadhig factor in the election of Hon. Henry Mr. Lawi-ence was married Octoljer 2, lss;3, 
 Cajjot Lodge to the United States Senate in to Alice May, daughter of Hemy and Emily 
 IS9.3. In 1.S91 and 1892 he was a member of (Xickci'son) Sears, of Boston, and a lineal de- 
 the Rcpulilican State Ctaitral (.'ommittec. scendant of Richard Seais, who settled in 
 Mr. Lawrence has always taken a .leep m- I'lymoutb, Mass., in 1(;2;!. She is also <le- 
 terest in pul)lic atiairs, and has lieen especially ,scen<le(l from Plder ^\'ilIiam I5re\\'ster and 
 active and useful in promoting munici]):d other Cape Cod families. Theii- chihlren are 
 movements. Between LSS.") and 1.S89 he was Maijorie. Sanniel Crocker, 2d. Ruth, and Will- 
 instrumental in jireventing the threatened di- jam IS., ]y. 
 vision of the town of ^Medfonl. and afterwai'd 
 
 he bad an important part in securing the city 
 
 charter, which was modeled largely after his 
 own ideas. He was also active in securing 
 the benefits of the Metropolitan Sewerage bill 
 
 foi' cities and towns in the \-alley of the Mystic in the United States, is the eldest son and the 
 
 River. He is and has been for several years secoml of [i\-e cbildn.-n of William and Frances 
 
 a trustee of the Medford Sa\'ings Bank, a cliar- Eliza (A^'arreri) Scbouler, and was born in 
 
 ter memlier ;ind une of the organizers of the "West (_'ambri(lge (now Arlington). ]\Iass., 
 
 Medford Club, cleil< of tlie board of directors March 20, Us;]9. f)n the paternal side he is of 
 
 and corporation of the Boston and Maine Rail- Scotch descent, the true spelling of the name 
 
 road, and cici'k and member of the board of being "Scoulei'." His fatbc]''s first cousin 
 
 three directoi's of the Sniiier\-ille Journal Print- Prof -lohn Scoulcr, M. I)., LL. I)., was iiro- 
 
 iug Company. In LS74 and l<S7o, while a lessor of natural history in the Andersonian 
 
 stuilent at the Boston Latin School, he was Uni\-ersity of ( ilasgow, professor of mineraloi'v 
 
 colonel of the Boston School Regiment. He of the Royal Dublin Societv. and president of 
 
 is a member of the Uni\-ei'sity Cluli and a vice- tbe(dasgow (-ieological Societv. and \\'as buried 
 
 ]ircsident of the [Middlesex Cluli of Boston, and in the churchyard of Killiarchan, Scotland 
 
 for many years has been prominent in the Ma- from which place the "Schoulers" (as now en- 
 
 TAMES SCHOULER, LL.I)., Bo.ston, one 
 O of the leading law writei's and lecturers 
 
BIO GRA PHfCA L . ~~MA SSA CH US E T TS. 
 
 177 
 
 titled) came to Ameriea. James Scouler, Ijorii 
 1786, married ^[art^aret Clark, a \\omaii of 
 .superior endowments, and for pulitieal ri'asons 
 left Scotland in l(Sl(j and eaiiie with liis fam- 
 ily to this countrv, settling tirst in New York 
 city. His children at that time were .John, 
 Robert, William ami -lane, of whom the last 
 named died in ]>rooklyn. The three sons all 
 lived to rijie manhood. Two more daughters 
 and a son were l:)orn to them in the I'nited 
 States. .James Schooler (as he sul)sc(|uently 
 signed his name) was a calico jnhiter, and in 
 1832 built a jirint-cloth factory in West Cam- 
 bridge, Mass., where his wife died .luly 24, 
 1851, aged sixty-three. lie afterward li\-c(l in 
 Westchester. N. Y., and <lied there February 
 '24, 1>!G4. William Schoulei', f)orn ])ecenil(er 
 31, 1814, in Scotland, followed the fortunes of 
 the family until his marriage on ()ctolier (I, 
 lS3o, to Frances F'liza \\'ari'en, who was boi-n 
 in West ('amhridge, ^hiss., .January 10, IsKI, 
 an<l whose ancestors came to iMassachuseits in 
 lfi.')0. She was descended from Lexington 
 and Concord minutenuai and othei- I!e\'ohi- 
 tionarv stock, and was great-granildaughter of 
 Rev. Idenry Cummings, I). D., for many years 
 a leading citizen and pastfir of Billerica. In 
 1S42 AVilliain .Sehouler iKuight the Lowell 
 Courier, and was f<air times elected to the 
 Legislature from that city, and also serx-ed as 
 colonel of a Middlesex c(auity regiment of 
 militia. He Ijecame editoi' of the Boston Atlas 
 in 1S47, was a irierid)er of the Massachusetts 
 Constitutional ('onveidifni in 1 S.l;;, :ind in 
 18.14 mo\'ed to ')hi(], where he was e(litur of 
 tlie Cincinnati ( nizette and other pa^iers. He 
 was also a delegate h'oui (.)hio to the lii'st [ii-esi- 
 dential convention of the Uepuhlican party at 
 Fliiladeliihia. Ueturning to Foslon he was 
 apiiointed adjutant-general of the ('oiiiiiion- 
 wealth by C!o\-ernoi' Banks and tilled that 
 office umler him and (iovernor ,\ndi'ew dur- 
 ing the whole ])ei'io(l of the Civil wai'. His 
 service in this cajiacity distinguished him as a 
 man of uncommon executix'c ability, and won 
 for him the raid-; of major-general, to w Inch 
 the Legislature raised him aftei' the war. He 
 
 subsequently wrote a history of Massachusetts 
 in the war, in t\\'o \-oluiiies, and died ( )ctober 
 24, 1<S72, when lln' third \'f)lume \\'as only 
 half com])leted. His wife died Nox'ember 1, 
 1874. 
 
 •lames Schouler iidieritcd from his [)areid,s 
 those Scotch and Ameilcan (jualities which 
 made them conspicuous, and to these chai'ac- 
 teristics was added L;reat intellectual forct' and 
 
 JAMES SCHOULKR. 
 
 natural ability. He was graduatiMl irom the 
 (^uincy (Jrannnar School of Boston in IS.")!, 
 standing first on its list of Fi'anklin medal 
 scholars. Afterwai'd he attended the Boston 
 Latin School and still latci' tln' famous ( 'haun- 
 cey Hall School, and in each of these institu- 
 tions he ranked high in his stuilies and gave 
 promise of givat future usehdness. In I S.")4 
 he went with the faunly t.o ('incinnati, ()hio, 
 liut the next yeai- returneil and (ailei'cil jlar- 
 \'ard College, from which be was graduated 
 with fair honors in Ls.'ii), holding menibei'sbip 
 in the Institute of 1770, the Xatui'al Ilistoi'y 
 Society, and the ( ). K. Socii4y. Wdiile in 
 Harvard he also serx'cd as secretary of one of 
 the boat clubs, was an original UKaiihei- and 
 the first s(.'cretary of the llai'vard (de(> (1ub, 
 and was one of the chief eilil(]i-s of the liar- 
 
178 
 
 THE JUDICIARY AXD THE BAR OF NEW ENGIAND. 
 
 \\\\A Matia/.iiu'. On lea\'ii\n' collt'^r lie lu'- 
 (.•auK' an instruetnr in St. I'aul's Sclinul at 
 ('uncord, X. II., wlicve lu' remained i>ne year, 
 develmiin^ a strnnt;' fasie for teaehin^u, an oeeu- 
 pation wliieli apjiealed to his scholarly ainhi- 
 tion and natui'e. The lack of iinniediati' ad- 
 vancement in this line, led him to ad<ipt the 
 la\\- as an iirnuediate })rofession, and in Noveni- 
 her, l.S(i(l, he entered the office of ( !eor_ne Dwi^ht 
 (inild, of IJoston, where he he^au at-ti\e pi'ac- 
 tice. heiny admitted to the SulHilk har in the 
 Sn]ireni(,' .jmlicial ( 'ourt .lanuary '}:.\, iSdi^, ami 
 to the har of the Supreme ('ourt of the I nili'il 
 States Deeendjer 1(1, lS(i7. In isi;:! ( iovernor 
 Andrew apjiointed him a puhlie adnnnistrator 
 for the count)' of Suffolk, a jiosition he has 
 e\er sini-e filled. 
 
 When ^Fr. Schouler came to the har the war 
 of the Rehellion hail heeii ra^ini;' for nearly a 
 yi'ar. He took a di'ep interest in tlu' Union 
 cause, and hail scai'cely t'ntered ui>on his pin- 
 fessioiial carc(.'r wdien he loyally oll'ered his 
 services to his country. August 4, isiiii, he 
 I'ldisted as a pri\'ate in tin' 4.")il ]\Iass. \'ols., 
 and on Septemher (i, was pi'omuted to second 
 lieutenant. He was assii;ned to the signal 
 corps, and was mustered out at the expiration 
 of his term of enlistment -Inly -'id, ISC;!. Re- 
 turning to Boston he resumed his law ])i'aetice 
 and soon gained a large clientage. But an 
 impaired hearing wdiich was ile\-cliipeil hy his 
 army sei'vice caused him to withdraw from 
 active business a few years later and ile\-ote 
 his atttaition largely to literary pursuits. In 
 some I'cspects this afHictiun has proN'ed fV>i'tu- 
 nate, as it ])re\'ents the interference of gent'i'al 
 practice with his occupation as a wiiter, and 
 has thus enabled him to achieve a national 
 reputation in hdhn Idirvx. He has, however, 
 continued to [)raetiei' his ])rofession to a limited 
 extent, particularly in tln' settlement of estates 
 and tlu' can' of ti'ust property. Since ISJO, 
 when he argued at Washington the famous 
 Plosmer case (9 Wall, A'1-1), he has seldom ap- 
 peared in court. I'rioi' to this he was asso- 
 ciated with his father in numci'ous wai' claims. 
 
 Mr. Schouler's literar\' career mavbe said to 
 
 have opened when he was a mere lad in school. 
 I-[is essavs, poems, and misctdlaneous comiio- 
 sitions e\'en then bore t'X-idence of great merit, 
 and were highly apjilauded l)y teachers and 
 friends. ( )ne of his papers, entitled "Najioleon 
 Bonai>arte," written at the age often, received 
 more than ordinary praise. lie also took an 
 cai'h' and deep interest in nursic, both \-ocal 
 and instrumental, and at times has been a 
 piTimiiient tigure in church choirs and other 
 nuisieal bodies. 
 
 In Api'il, ISIJC, Mr. Scbuuler puijlished in 
 the Xoi'th American KeNuew an article on 
 "Our Diplomacy Huriiig the Rebellion," which 
 drew friim Secretary of State Seward a Icttt'rof 
 warm commendation. Tliis was followed by 
 e\'ei' incrt-ising literary work on both legal 
 and historical subjects, and nmeh of his tiuR' 
 has been spent in Washington for the purpose 
 of research and making notes of the govern- 
 ment arehi\-es. While tbei'e he founik'd in 
 ■lanuary, ISTI, the I'nited States .hirist, and 
 continued as its editor and principal owner 
 until ( )etober, lS7-'i. In .bnu', liS7n, be pub- 
 lished bis book on ■■|)nmestic Ridations,'' of 
 whiidi ii\'e large editioirs ba\a' been issued. ( )f 
 this work a writer has said: 
 
 ■• Reviewci's, both iMiglish and American, 
 welcomed it, and praised its clear, accuratt', 
 and logical expression, its superior literary 
 style, and a certain freshness of treatment, 
 after the deduetixx' fashimi, which set the law 
 forth as lawyers had not clearly understood it 
 before." 
 
 His other law l)ooks are ■•l\'i'sonal l'ro[)- 
 erty," puhlished in 1S7"_': a second volume of 
 the same, cbiell\' on "(bftsand Sales," in 1871); 
 "Bailments Including ( 'arrit'rs." 1 S.so : " |']x- 
 ecutoi's and Ai.lministrators," ISS;!; "Wills," 
 1S,S7: and "Ilu.sband and Wife." an expan- 
 sion of "Domt'stic Ridations," ISS-J. IK' also 
 edited "Story on ISailments" and a [lart of 
 "Myer's Federal Hecisions," and has been a 
 freipicnt contributor to the American and i'Jig- 
 
 lish law magazines. His 1 ks are recognized 
 
 in the eiairts as standard autluu'ities on tin- 
 various subjetds treated, and ba\-e gaini'd for 
 
niOGR. 1 PH[CA L—A'L I SS. I CHUSE TTS. 
 
 179 
 
 him a iialiounl rcputaiiDU and a liiuli reputa- 
 tion abroad, I'siireially in Eui;iaiiil. ('(nu-rru- 
 iiig tliL'iu the Aihauy f.aw Journal said tiiat 
 "to ^Ir. Selionlor must he ^i\-eii tlic praise of 
 hein,!^' tht' best \<\\v \\ riter nf our day in point 
 ot'styk"." 
 
 lUit he is t'ai' more widely and [)0pularly 
 known by Ids historical woi'k than ])y these 
 purely professional produetions. Parallel with 
 
 his legal text 1 ks he wrott' a " History of the 
 
 I'nited States under the < 'onstitution," in six 
 X'olumes, which were pre])are(l and issued by 
 him as fnllo\\s: A'olume 1, " Rule of I'ederal- 
 ism, 17S9-1S(I1," in ISSO; \'ol. 2. "Jefferson 
 Repuldicans, ls(ll-17." in l.SS-i; \'ol. ;',, " Kra 
 of (iood Feelnig, 1S17-31." in Iss.!; \,,\, 4, 
 "Whigs and Democrats, ls;!l-47," in 1.SS9; 
 A'ol. o, " l'"ree Soil ( 'ontrox'ersy, ls47-(il," in 
 1S91; A'ol. (i, •■The (.'ivil War, 1 sci-C"")," 
 (1<S99). The first two volumes ha\'e l.ieen en- 
 tirely rex'ised and largely I'ewrittcai by him. 
 Idiis gigaidic work, in\-ol\-ing \'ast reseai-ch 
 anil more than t\\enty years of laboi', has been 
 pronounced li\' a rnj less com])etent authority 
 than the New York Nation to be "the most 
 real history of the Tnited States yet produced 
 for the period which it cox'ci's." President 
 (iilman, of Johns Hopkins L'nix-ersity, in a 
 letter to the autbc)r, said: "You ha\'e won 
 unique distinction, not likely, I thiid<, to be 
 taken from you by subseijueid in\-estigators. 
 The sense of propoi'tion •\\ddch has go\'erned 
 3'our wfirk is \'aluable: liut the candoi' and 
 faii'uess and justice wdiich you manilc'st, in 
 the discussion of critical ])eriods and of inllu- 
 ential characters, gi\-e it even higher im[)0r- 
 tance." 
 
 Mr. S(diouler has also published besides the 
 foi'cgoing bofiks and occasional coidribuf ions 
 to the Atlantic Moidhly, the' Porum, and other 
 magazines, a shoiJ life of "Thomas Jeffei'S(.)n " 
 in the Makers of Anna-ica Seiies (Is9l!), "llis- 
 toi'ical liriefs" (l.S9(i), and "Constitutional 
 Studies" (PS97). 'idie voluiije " 1 listoi'ical 
 Priefs" contains most of the llistoi'ical Miscid- 
 lanies hitherto read oi' |ii'inted by bim. 
 
 Jle became a Icctui'ci' in the Poston I iii\er- 
 
 sity Paw S(Jiool in PS8.'l and in 1X94 was ap- 
 poiideil to a full |)i'ofessi)i-sliip in thai institu- 
 tion. In 1S91 the honorary degree of PP. f). 
 was conferi'cil upon him by the National Pni- 
 \-ersily at Washington, D. ('., whei-c he has 
 lectui'cil for se\'ei'al )-ears on N'arious legal 
 topics. This deg|-ee under the I'ulcs of that 
 institution is gi\'en soUJy foi' distingiushe(l 
 seiA'ices in tlie lield f)f jurisprudence. .Mi'. 
 Schouler has also been a lectui-ei' on American 
 political and industrial history at llie Johns 
 PIo[)kins l'id\'ersity in Paltimore for a lunnber 
 of \-ears. In [)oliiics he began lifeas an ard(ad 
 liejiuhlican, casting his first national \'ote for 
 Pincoln in PS(;4. I le has visited Eui'ope twice, 
 fii'st in 1SS9 and again in PS94, and has his 
 summer home at North ('onway, N. IP He is a 
 member of the jVnierican Historical Assoida- 
 tion, of \\hich he was \-ice-president in lS9.") 
 and PS9() and president in PS97, and is also a 
 member of the APissachusetts and N'irginia 
 Historical Societies, of the New England Plis- 
 toric ( lenealogical Society, of the Punker Hill 
 Association, of the INPissachusetts Commandery 
 of the Poyal Pegion, of the American and I>os- 
 ton ]^)ar Associations, of the St, Botolph ( 'lub 
 of Poston, of the Pni versify ( Jub of Paltimore, 
 and c(f the Metropolitan ('lub of \\'asbington. 
 Ml'. Schouler was mari'ied P)ecember 14, 
 PS7(1, to I'anily l'\Uler ('ochran, eldest child 
 and daughtei'of Asa P. ('ochran, a well-known 
 merchant of liosfon and New ( )rleans. They 
 have no children. 
 
 HENPY \\'APT()N SWIfT, P.osfon, is 
 the (Jdesf son in a family (.)f four sons 
 and one daughter of William ( '. N. and Pdi/.a 
 NA'c ( Peri-\') Swiff , and was born in New ]>eil- 
 foi-d, .Mass., Di'cember 17, ISJik lb' is de- 
 scended in the eighth generation h'oiii William 
 S\\'ifi, who came fr(.)m Paigland in Pi.'Kland 
 was living in Watertowii, Mass., in ll)")4. 
 ^\'illiam Swift was c>n(' of the propriet(.>i's of 
 Wafertown, hut sold out in l(k!7 and \\'('nf. 
 with Pe\'. Ivlmund Pi'ceman and otiiei's to 
 
180 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 Haiidwieli, on ('ape ('(id. lie was not only 
 one of the fonn<lers ofSandwicli, hut the fruuider 
 of a family that hasevi'v since been prominent 
 and aeti\'e in the growth of New England, and 
 especially of Massaehus(>tts. Henry AV. Swift 
 descends from a long line of Williairi Swifts 
 down to his great-grandfather, William Swift, 
 who married Martha Eldredand lived in Sand- 
 wich. Ilis grandfathei', Renhen Swift, marrie<l 
 
 HENRY \V. SWII'T. 
 
 Jane Nye and moved to f'almonth ami later 
 to New Bedford, Mass., where William ('. N. 
 Swift was horn April 1^7, isl.l. The latter 
 was for many years engaged in the whaling 
 business as a mendier of tlu' firm of Swift (.t 
 Ferrv, and die(l in New Bedford on the 11th 
 of May, 1S92; his wife, Kliza Nye Perry, 
 was the daughter ofJii-eh Perry, the great- 
 granddaughter of ])i'. Samuel Perry, of Dart- 
 mouth, and a lineal descendant of Eilward 
 Perrv, who died in Sandwi(di in l(;9o, and 
 wdiose wife was Mary I'^reeman, daughter of 
 i;e\'. Ivlmuiiil Freeman, the first minister of 
 that town. Mr. Swift's givat-grandrnother, 
 the wife of 1)|-. I'.bene/.er Perry, was Abby 
 Spooner, whose father, Walter Sjiooner, was 
 appointed chief justice of the Coui't of Commoji 
 Pleas, hv (iow John Hancock, in 17Sl. Mr. 
 
 Swift is a direct descendant from .seven of the 
 Mayflower ]iassengers, namely, John Alden 
 and Priscilla MuUins, William Mullins and 
 his wife, Francis Cooke and his son John, and 
 Kichard Wai'ren, all anccstoi's on his mother's 
 side. 
 
 Henry W. Swift lifted for college at the 
 Friends Academy in New Bedford and at 
 Phillips F.x't'ter Academy, h'om which he was 
 graduated in l.SiiT. The same year he entered 
 Hai'vard College and was gra<luated in 1871. 
 He was a member of various college societies 
 and was secretary and afterwanls president of 
 the Hasty Pudding Club. He was one of the 
 editoi's of the Advocate and was class poet. 
 ( )n lea\'ing college he liegan the study of law 
 in the office of lion. ( Jeorge Marston and Hon. 
 William W. Crapo, of New Ik'dford, and in the 
 antunni of ls72 (^ntereil the Harvard Law 
 School, from which he was graduated with tlie 
 degree of JjL.P). nctii hiinlc in 1.S74. He was 
 admitted to the Suffolk bar June •!<), 1S74, and 
 the same yeai' estahlislie(l himself in practice 
 in Boston as a partner of Russell (iray. This 
 copartnershi}) lasted for several years, and he 
 still shares an office with Mr. Cray and Hon. 
 William F. \\Jiarton. 
 
 Ml'. Swift was the Pxiston attorney for the 
 Atchinsoii, Topeka and Santa I"e Railroad 
 ('ompany until the remo\'al of its offices from 
 the New Fjigland metro[iolis. Like his father, 
 a prr)minent Democi'at in Bristol county, he 
 has been actix'e in the ranks of the Democracy, 
 and foratime ser\'ed aschaii'man ofthe finance 
 connnittee of the DeniO(/ratic State ( 'ommittee. 
 He i-epresenteil ohl Ward Nine in the Boston 
 T'ommon ('ouncil for two years (1.S71(-.S()) and 
 afterward was elected to the Boston School 
 Connnittee for a tt'rni of three years, Init had 
 only ser\'e(l a year when he was sent as the 
 representative of that ward to the lower house 
 of the Massachusetts Legislature. Fleeted as 
 an independent Democi'at from a sti'ong Re- 
 pufilican ward, he sei'veil with marked aljility 
 during the legislative session of 1«,S2, being a 
 member of the finance committee. He took a 
 leailing part in the Young Men's Democratic 
 
B 10 GR A PHICA L . - MA SSACN USE T TS. 
 
 181 
 
 niosenients in Mas.sacliuse'tt.s. In January, 
 IcS;):^, lion. John K. Sanford, of Taunton, 
 cliaii'nian of the ISoard of Harbor and F.and 
 Comnns.sioners of the Conimonwealth, was a[>- 
 })ointed chairman of the lioard of Uaihriad 
 Coniniissioners, and Mr. Swift \\-a.s appointed 
 l)y Gov. William Iv Russell to succeed him as 
 a nuMuber of the first named l>oard, of which 
 he was immediately chosen chairman. Mr. 
 Swift's leixal kno\\dedge, good sense, and capac- 
 ity for work \\hicli he displayed in the per- 
 formance of his duties proNX'il that hisa|)point- 
 ment was not misplaced, and he continued to 
 fill the office with signal ability and satisfac- 
 tion until July, 1S94, wdren the term for wdiicli 
 he had ]>een appointed expired. In December, 
 1894, he was a[>pointed jiy President (iro\'er 
 Cleveland, United States marshal foi' the ])is- 
 trict of ^lassachusetts. IJe assumed the re- 
 sponsibilities of the latter position .lanuary I, 
 1S95, and for more than four years discharged 
 its duties with great credit and vigor. lie 
 was succeeded as marshal by Major (Iiarles K. 
 Darling on ]*Iarch 1, 1899. 
 
 Mr. Swift in collaboration with Russell (iray 
 and the laie Hon. Ivlmirnd Ilatclj Rennett, 
 dean of the Boston Uni\'ersity School of Ija\\', 
 compiled and edited the ^Massachusetts Digest 
 from 1804 to 1879, in three volumes, })ul)lished 
 in 1881, and during the past year he has lieen 
 lecturer on Sales at the IIar\'ard Law School. 
 He is a good lawyer and ad \-ocate, well grounded 
 in the principles of the law, and possesses legal 
 qualifications of a high order. In public office, 
 as well as in the practice ()f his profession, he 
 has displayed excellent ability and good judg- 
 ment, and for several years has occupied a 
 prominent place at the l>oston bar. lie is a 
 member of the Bar Association of the city of 
 Boston and of several clubs, and is secretary of 
 the Association of the Alunnu of IIar\'ard 
 College. He is umuarried. 
 
 WILLIAM BRADFORD FRENCH, 
 Ijoston, son of i;e\'. William R. and 
 Marcia (Bradford) French, was born in Lewis- 
 
 ton, Me., I*^_'l)]'uai'v L'l, LS4'S. He <leri\'es his 
 mi<ldle name from his mollic)-, who was a lin- 
 eal des(/endaiit in the rnnth genei'ation of Gov. 
 \\'illiam Ri'adford, the historian and first gov- 
 ernor of the Rlymouth colony. His paternal 
 ancestui's removed from Abington, Mass., to 
 Turnei', Me., jusi prioi' io tlie Revolutionary 
 war, and his graiidfathei', Daniel P^rench, was 
 one iif 'l\irncr's early and respected farmers. 
 
 WILLIAM H. FI;E.NCII. 
 
 Iie\'. William R. Fremdi, father of William B., 
 was educated at Water\-ille College in the class 
 })i'eceding that of N\diich the late (Jen. Benja- 
 min V. Butler was a mernlier. He became an 
 eminent Lnivcrsalist minister, was settled for 
 many years o\'er the church in Turner, and 
 was the author of several denominational 
 books and treatises. 
 
 William 15. Fr(aich recei\'ed his preliminary 
 education in the district schools (if Turner, Me., 
 wJiither the family removed wdien he was a 
 siuall boy. He was fitted for college at West- 
 brook Seminary, iii'ar Roriland, h-fiiri wdiich 
 he was graduated in July, l8(-i(i. The same 
 year he entered Tufts ( 'ollege and \\'a,s gradu- 
 ated therefroiu in 1X7(1, with honors, ha,\'ing 
 a.n oiMtion at commencement and holding 
 membership in the Tlieta Dtdta ('hi and in 
 
182 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 the Mntlik'tiean, n [lopular (lel)atiii,L;' soriet)'. 
 I>uriii,Li tlio next \\\<) years lie \\-as priiieipal 
 of tlie lii^'li school of ('olinsset, Mass., and in 
 the mean time took up the stu<ly of law pri- 
 vately. In Sejitemher, 1.S7-2, he entei'ed the 
 law ofHee of i)aniel (.*. Ijinseott in Jjoston and 
 remained there until his admission to the Suf- 
 folk har Deeemher (i, 1<S7.'>. Since then he has 
 heen acti\'ely and successfully ent^ayed in ,ue!i- 
 eral and connnercial practice in ISoslon ; he 
 resides in \\'inchester. 
 
 Mr. French has had a lar^e numljcr of trade 
 mark, insoh'cney, and l>ankrui)fcy cases. lie 
 was counsel in the case of Hoxie \'s. ( 'lianey, 
 which in\'ol\-ed the fjuestion of assignability 
 of a ])ersonal trade mark. This case not oidy 
 enunciates ihe principles of the assignment of 
 a personal trade mark, hut also (juesti<ins re- 
 garding the manufacture of tln' goods ))ut out 
 under it. One of the most important insoK'- 
 ency cases 'was that of (he Traders National 
 Bank vs. (.'hipman, in w Inch it was contended 
 hy the plaintiff that the State statute pi-ohihil- 
 ing preferences was in conflict with the Cnited 
 States hanking act, because the lattei' ga\-e to 
 national banks the I'ight to take mortgages to 
 secure [)re-existing debts, and because ihe ap- 
 plication of the insol\-ency act to national 
 l)anks had a tendenc)' to desti'oy them and 
 impair their etficiency, ami \\as therefoie un- 
 constitutional. In this case the latt' A. A. 
 Strout re])reseuted the Traders National ISank. 
 Mr. ('hipman, the assignee, had obtained a 
 verdict in real action to set aside a cou\"eyance 
 to one of the liank's dii'cctors gi\'eu to prefer 
 the bank. After the reco\'ery of the vci'dict, 
 and whili.' exceptions were jicnding in the 
 Massaidursetts Supi'cme .ludicial Court, the 
 hank bi-ought a l>ill in i.Mpiity tri i-estrain Mr. 
 f'hi|)m.an IVoiii prosecuting his suit. Tliei'c 
 was a trial hefoi'c a justice of the Supi-eme 
 Court on this bill and a decree was entered 
 disiidssing it. The bank tlii.'n bi'iMight a writ of 
 error, taking the case tfj the United Slates Su- 
 preme ('(Mii'l foi- a ln'aring u[)on the constitu- 
 tional ijuestion raised, and upon the i|Uestioii 
 of the conllict bct\\'een the State and the I'nited 
 
 States statutes. In the opinion rendered hy 
 Judge ^\dliLe the contention of the Ijank was 
 overthrown, and it was decided that there was 
 no conflict between the .'Statutes, that the Mass- 
 achusetts act was cfinstitutional, and that na- 
 tional hanks in the ( ommon wealth were sul)- 
 ject to its provisions. The case is reported in 
 1()4 U. S. Rei)or(s, .'Uy, and is one of the mcst 
 intei'esting of the kin<l evei' tried. 
 
 Mr. French has a(diie\-ed a high standing at 
 the Imr, and is regardeil as an able lawyei' and 
 ad\'ocate. He has fieen a lectui'cr on iiisoh'- 
 ency law at the Boston I 'ni\'ersit>' Ija\\- School 
 since the spring of 1.S95. He is a foundation 
 member (in IS?*!) of the Boston I]ar A.s.socia- 
 tion and (if the I'nnersity Club. 
 
 He was mairied Decejnber -!4, FSTo, to I'Jiza- 
 lieth D., daughter of William L. Southaid, of 
 Portland, Me. Tlie>' ha\-e one daughter, 
 Margaret T. 
 
 ALBERT CAMFRON lU'RRAtiE. Bos- 
 ton, is the son of ( Jeorge Sandei'son 
 Burrage and Aurelia ( 'hamherlin. and a direct 
 descendaid in the tenth generation of .lohn 
 Burrage, who settled in Chailestown, Ma.ss., 
 in 1(J36. In I']nglaiid the ancestry (if the fam- 
 ily is traced to lool). (.)n his motbel'V side 
 he is descended from some of the eai'liest Scotch 
 settlers of X'ei'UKint, and in the combinati(in of 
 this Sc(ii(di-Engiish ancesti'v be inherited the 
 sterling characteristics and tine meidal attain- 
 ments of a res]iected and hfiiiored periple. 
 
 Mr. Burrage was b(irn in Asbburnliam, 
 W'lircestc'i- C(iun(\-. Mass., No\-ember '1\. Is.i;), 
 his father being a mannfactui'cr. In isii:^ the 
 faiiuly moN'ed to California, and there be spent 
 his earl\- life in \-igdi-ous emjilciyment and in 
 attending the public and private sclniols. In 
 Isytl. havinu litteil himself for college, be iv- 
 tni'neil to Massachusetts anil eiitereil Hars'ard, 
 from wdiich be was graduated with the degree 
 of .\. B). in the class of lss:j. He spi_-nt the 
 next yeai' ai the llar\'ard \a\\\ School, and 
 was admitted hi th(' Worcester counix' bar 
 
BIO GR. I PHICA L . ~MA SSA CH ( 'SE T TS. 
 
 183 
 
 SepteniliiT 19, 1,S,S4, On I )r(_'i'nilicr -I'l, ISS.!, 
 he was a<liintteil tn 11k> liar nf the riiit('(l 
 Stales ( 'irruit ('ourf. Jli 1SS4 lie liei;an the 
 aeti\t' praetiee of his prdfessioii in iSoston, ami 
 soon eaine into proniinenee as an aih'ocate and 
 e(.>unsel(ir (if iiiarkeil ahilily. (li\-inij; speeial 
 attention to eorporation law he lieeanie iilenti- 
 fieil with lar,L;e ami inijxirtant interests, and 
 from 1S9-') to .Jaiuiarv, 1S9S, \\c de^•uted his 
 atteiiiidii niainlv to the "'as hnsincssuf Boston, 
 
 ALiiKR'i' c. i;ukkai;e. 
 
 first as eounsel for Ihc Ih'onkline lias Liiiht 
 C'onn)any and later as }iresident of the ISoston, 
 South Boston, Koxlnirv, Dorehester, and Bay 
 State ( ias ( 'ornpanies. lie eonihincd the atl'airs 
 of these \'arious eorjini'atiinis and as tlieii' ehiet 
 maiiai;er eondueted tlieni with yi'(/at skill and 
 credit. On January 1, ISIKS, he s(dd his in- 
 terests in these eoinpaincs ami resi/^iieil all his 
 offices in them, and after takin^i;' a lon,t;- vaca- 
 tion devoted himsi^jf to the copper indusli-y, 
 lieconniifj; in the autumn nf that y(.'ai' the acti\'e 
 head of several copper (•(im[>anies. 
 
 In ]<Si»j! Mr. Burra;^!' was a, iiiemlier of the 
 Boston ( Vjmnion ('(inncil, and h'om l.S!)(t to 
 1.S94 he was a trustee of the Massachusetts 
 Ilorueoiiathic Hrispiial. In ]si)4 (iovernor 
 (ireenhal,i;c appointed him a meiidier of the 
 
 Boston Transit ( 'oninnssion, under \\dii(di the 
 threat suhway of the city was constructed, and 
 he seiA'cil in Ihat ca[)acity fni' two ycai's and a 
 half, wdicn he I'csinned, his larfi;e law pi'actice 
 and husiness iidcrcsts demanding' his entire 
 attention. JIc has hcen foi' many years an 
 active and inlhicntial Kcpuhlican, ami for a 
 time was chairman of the Kcpuhlican comndt- 
 tee (jf Ward Twenty-one and assistant secretary 
 of the ('itizcns Association of Bostfin. lie is a 
 memher of the Alndm|uin, I'lnon, Koxhui'v, 
 and Massachusetts ('luhs, and for thi'cc years 
 was se(/retary of the latter or^arnzation. Mr. 
 Buri'ae'c is one of the ahlest of the younger 
 luemhei's of the Bost(_)n har, and in husiness 
 cii'(d(.'s as well as in the active pi-actice of his 
 pi-ofession has a(dne\'ed a Inch rejiulation and 
 reco^in/,e(l success. He has filled e\'ery position 
 with credit, satisfaction and honor. 
 
 Mr. Bui-rac'c was mai'ried No\'eiiiher 10, 
 ISS."), to Alice Hathaway Haskell, dauchter of 
 Francis II. an.l Eli/.aheth (Bussell) lla.skell, 
 of Bost<in, and their idiildrcn are Alhert • 'airi- 
 eron, jr., Francis ]fask(dl, Russell, and I'diza- 
 heth Alice. 
 
 WILLIAM crsiIlXd WAIT, LL.B., 
 A. .M., Boston, is the son of I']lijah 
 Smith Wait and L]liza Aim Madley, a grand- 
 son of Nathan \\'illiaiiis Wait, of Medford, 
 Mass., a i^real-i;'randson of Nathan Wait, also 
 of Medford, and a lineal descendant of ('apt. 
 ■lohn \\'ayte, w ho came from l']ni;laiid to MaB 
 den, Mass., ahout 1 (i.'is. .lohn Wayte emi- 
 c'rated to this c(juntry from Weatherslitdd, 
 ('ounty lOssex, \\-ith -loseph Hills, of Maiden, 
 iMiL^land, wdiose dau^htci-, Mary Jlills, hecame 
 his wife. .Mr. Hills was the founder of the 
 town of Maiden in Massachusetts, and hoth he 
 and Mr. Wayte were inemhers of tin' ( ieneral 
 ('oiirt. Mr. Wait's direct ancestors I'csidcd in 
 .Maiden for many t^ciierat ions. He is also de- 
 scended tVom Isaac Stearns (or Sterne), wdio 
 came to Watertown in Wj.'iU. Ilis moth<'r, a 
 \\"oiiian of rari' int(dlecliial attainments, w'as 
 
184 
 
 THE lUDlCIARV AND THE BAR OF NEW ENGLAND. 
 
 the dauglitiT (if William Iladk'V, <if Stoiicliain, 
 and l']liza1)(_1ii lvieliar(ls(jii, his \\ife, (if M(.-il- 
 i(ird. 
 
 W'illiani ('ushiiiu ^\'ait was Ikhii in ('liark's- 
 towii, HOW a part (if Boston, Mass., I)(.H;eiiiher 
 is, 1,S()(I, and i-eci>ived his early instruetion 
 frojii his iijotlier, \\h() liad lieeii a schf.iol teach- 
 er. He also attended the ( 'hai'h.'stown pulilic 
 schools until lie \vas ten years old and after- 
 ward the [lulilic schools of Medfird, whither 
 tlie family removed in IsTd, and where his 
 father held several t(i\\ n offices. lie jirepared 
 for colleij;e at the Medford Iliiih .'-'chool under 
 Loren L. ])ame, and was graduaicil fioni Hal- 
 yard ['nis-ersity in iSSj!, recei\'inu' tla.' .s(/-;)M//f/ 
 (•//);/ luiiiJc: degi'ee with highest honors in his- 
 tory. He was alsd made a rnemher of the Phi 
 Ikda Kappa fraternity, and had as Ins class- 
 mates tlie late Hon. Sherman Hoar, Prof 
 
 \VU, 1,1AM C. WAll. 
 
 (.ieorue L. I\ ittrid,L;i-, and others. He reail 
 law at tire Har\-ard Law Sehodl. gradnatinij, 
 with the de,L;i'ee of LL.l!. and A. .M. in is.s.'i. 
 and was admitted to the Suffolk comity har 
 .fulv 21. is.s."). t(i I he bar of the Circuit Coui't 
 of the United States ^hiy 1"). iss.s. and to the 
 har of the I'nited State-^ ('(lurt (if Appeals in 
 1.S91. 
 
 Mr. Wait heean piactice in Boston in the 
 office of Hon. Nathan Matthews, jr., suh.se- 
 (juently mayor of the city. In lS,S(i he fipeiied 
 an office for hijii.self, and in 1.S9I) he formed a 
 cojiartnership with Samuel J. I"]l(ler under the 
 firm name of Elder cV: Wait, with offices in the 
 Ames liuilding. A little later Edmund Allen 
 Whitman was admitted t(i the hrm, which 
 adopted its ]iresent style of Elder, ^\'ait & 
 Wdiitman. Mr. Wait, through his ahility and 
 indu.stry as a lawyer, lajiidly gained a high 
 standitig at the har. He i,s the author rif arti- 
 cles on "Representati(^ins as to Character," 
 "Statute of Frauds,'' ■• Marine Insin-ance," and 
 ''•k'ttison" in the first editidii of the American 
 and Englislr Encycloiicdia of Law. He has re- 
 sided in ^FedtVird oi- Wk-'st Medford since his 
 fioyhood. or ISTO, although, owing to the re- 
 niO\'al ("if his parents to ('liicago in l'S77, he is 
 registered at Harvard ( 'ollege as finm Chicago. 
 Lj Ls92 he was a meinher of the special com- 
 iiiittee appointed to secure a chartei' for the 
 city of Medfoi'd, and la.it only luel an impor- 
 tant part in drafting that charter, hut was \-er\' 
 active and influential in organizing the citv 
 g(>\-('rnnient and in dtliei" municipal aftairs. 
 He has heen a inemher of the ^ledford Sink- 
 ing Fund (_'ommi,s-:ion since 1.s9j!, a memher 
 of the Medfoi-d School Committee since 1<S94, 
 and a memher of the I)emocratic Town and 
 ('ity (.'(Hiimittee for se\eral years. He was 
 an alderman ("if Medtord in ks9;!. and de- 
 clined a renominatidu. and in lS9() and 
 1S91 was the HeriKicratic candidate foi' rep- 
 resi/ntative from that tow^n to the" ^rassaehu- 
 setts r^egislatui'c. li(.-ing (h.'feated hdth times 
 hy Lhm. William l>. Lawicnce. In l.S9o 
 he was defeated for tlii:' same office Ijv Samuel 
 X. ^hiyd. He was ehairman (if the i/nm- 
 niitte(.- df twenty «diich mad(.' the iid-license 
 law in Me(lfdrd effective, and in Deceiiiher, 
 1S9S. was nominated fdi' ni,ayor of the citv 
 nil a citizens' ticket. Although a Democrat in 
 politics he has decided indepenihait prricli\'i- 
 ties. and with the late Hon. Sherman Hdar 
 was (ine (if the (iriginal Cle\'(dand men in Har- 
 N'ard. 
 
BIOGRA PHfCA L—ALISS. I CHUSE TTS. 
 
 185 
 
 Mr. \\-d\{ was an early advdcati.' of laritt' re- 
 tui'iii, and is a iiicuilxT of tlic Xew iMiglaml 
 Taritt' lU'tbrni Leat^iu-, of tlir ^fedford TariH' 
 lU'foriu Li'a^^ne, (if tlic Ymui^ Men's J)fiii(i- 
 cratic Clul) of A[a,ssarliusetts, of tlie Medfn'd 
 No-f^ii-eiise Leai^iie, and oliairiiian of llio cxcc- 
 ntivo eouMnittoc of the ;\[assa(diusi.'lts Kcfonii 
 Clul). He is also a nieii)l)er of the llar\'ai-d 
 Law St'lidol Association, of the Athlelie As- 
 soeiation of IIar\'ard <ii'aduates, of the ISar 
 Assoeiation of the <-ity of IJostoii, of the 
 Koyal Areanuni, of the I'olonial Soeiet\- of 
 >[a,ssaehnsetts, of the Medford Cluh, and of the 
 Mi'(lf()rd (_'ouiedy ('lull. He is an li(iiiorai-\' 
 nieuilier of tlie Ai-lin^tmi Histo]-ical Soeiet\', a 
 nienilier of the .Maiden ilistorieal Soeiefv, and 
 a eharter riK-nilier and a ]ii-inci|ial oi'uaidy.er 
 of thi.' Medford Historiral Societv, \\dii(di he 
 has ser\'ed as president tVoni the first, and to 
 wddeh he lias contiil iute(l seN'eral important 
 pa[iers. In Issl' he was in the oHiee of the 
 hite < 'oh ( k'Orn'e J*]. Waring, ji-., in Newport, 
 It. I., eiiii'a^ed U[ion the sm-ial sfatislies of 
 (dties for tlie Tenth Hnited States census, and 
 wrote numerous skete-hes of places for the work. 
 Jn e\'ery position ^\v. Wait lias ser\-ed with 
 yi-eat honor and ahility, and in pulilic capaci- 
 ties as well as at the hai' has achic\-ed an envi- 
 ahle reputation. 
 
 He was married -January 1, 1S89, to Edith 
 Foote ^\'rigllt, daughter of .John S. and Marv 
 (dark ((ireen) Wright, of Medfonl, Mass., and 
 gramhJaugliter of J^lizur Wi-ight and Ilev. 
 lieriah (Jreen, two eminent anti-sla\-ery lead- 
 ers, tlie latter lieing president of the lirst anti- 
 slavery congress in IS.'S-'i. 'Jdiey hax'e no chil- 
 dren. 
 
 AJITHMAS WAJH) LAMSOX, Dedham, 
 is the son of Ah'an ami I'd'ances Fidelia 
 (W'anJ) Jjamson, and a direct descendant of 
 \\'illiam Lamson, wlio (-ime iVom fjounty I)ur- 
 ham, Fnglaml, to Ips\\i(dj, .Mass., in Hi;]?. 
 His mother was the daughter of Hon. Ai'temas 
 Ward, \Aj.I)., chief justice of the ( 'ourt of Com- 
 mon Pleas from its organization in ISjil until 
 
 he resigned in Fs;;i), whose niemuii' a[ipears in 
 this work, and a gi'anddaughtei- of (ien. Arte- 
 mas W^ard, of Shi'ewsliui-y, ,^[ass., an oflicer in 
 the war of the i;i'\-<jl ut ioil. 
 
 Mr. Jjamson was horn in Dedham, Xoid'olk 
 county, i\lass., .Mai'(di 'lA, ls;',(l, ami was named 
 for his matei'iial grandfather, wdio wdth (len- 
 eral Wai'd wei'c (wo of tlii' most, distinguished 
 naai of iliiai' da \' in Xew l^ni'land. He I'e- 
 
 A, WARD L.A.MSON. 
 
 cei\'i/d Ids priiuai'y education in the ]iri\'ate 
 schools of liis nati\-e town and at \). (d. Ingra- 
 ham's private school in ]5oston, and \\-as grad- 
 uated from Hai'vai'd ('ollege with honors in 
 I.S4I), ha\dng an Faiglish oi'ation at commence- 
 inent. As a student he tiiok high rank \\dth 
 his (dassmates, among wdiom were .lames 
 \\'alker Austin, a justice of the Supi-eme ('ourt 
 of the Hawaiian Islands; (diaries V. ( 'hoate 
 and (diaries U. ('oilman of the ISostoii har: 
 Horace ])a\ds, menihei' of congi'css ; ddi<.irnton 
 K. Lothrop, a jirominent. lawyei- of ISoston; 
 Lemuel Shaw, jr., son of the great chief jus- 
 tice, Leniuid Shaw, and many others eipudh' 
 eminenl in protessional and jmlilic life. In 
 March, l.S.ll, -Mr. Lamson cntei-ed the Hai'vard 
 Law School, from wdiiidi he was graduated 
 with the degree of LL.I!. in Jul\-, ls."i'2. lie 
 
186 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 coiitimieil hi.s legal f-tudies in Boston with 
 John .). and Manlius S. Clarke and Hon. Fdias 
 Merwin, and was admitted to the Sutt'olk har 
 April 10, l«o4. 
 
 Immediately after his admission to ]iraetiee 
 Mr. Lamson oeeupie(l the same otHee with his 
 maternal unele, Samuel De.xter Ward: and 
 since >[r. ^\'ard's death in AFay, 1<S71, he has 
 practiced alone. His relations with his uncle 
 were not as a partnei-, hut as an office associate. 
 He has devoted himself chielly to oHice l)usi- 
 ness, especially in later years, and has long 
 heen engaged in matters i-clating to trusts, 
 estates, prohate. etc., his work from the lirst 
 l:>eing of a ci\'il nature. He lias always jnac- 
 tieed in T>oston, hut has resid(Ml since his hiith 
 in Oedham, Mass., \\'here he \\'as for se\'('ral 
 years a trustee of the l>edhaiii I'uhlic Lihiai'y. 
 He hecaun' an early iiieml)er of flic I)cdham 
 Historical Society, of which he is a t-urat<ir, a 
 position he has held for a long time. 
 
 Mr. Lamson was married -January '11, 1S91, 
 to llehecca Ijaugihin Prince, daughtei' of \\'ill- 
 iam (1. I'rince, of l)edliam, and a descendant 
 of one of (he oMesi families in Xew I'hiuhind. 
 
 GE()i;(iK SHFdiMAX LITTLKFl KLD, 
 ^\'illcllestel• and ISdston, sun of ( leorge 
 Thomas and Anna (Thorpe) Littlcfield, was 
 Ijorii ill W'atcrtown, Mass., April '11. 1s.")l,:irid 
 wdien one year old \\'ent with the family to 
 Soiiier\'ille, near ISoston, wln're he spent his 
 early life. His father was for forly-sc\-eii years 
 a distinguished teacher, heing an instructor in 
 mathematics in ('hauncey Idall School, ISoston, 
 and afterward princi[>al of schools in ('hclsi-a, 
 ^\'aterto\\'ll, Sonierville, and Charlestown (hoth 
 liefore and after annexation) ; he \^'as a iiieiii- 
 her of the Sonierville Id.nht Infantry hefore the 
 \\\\\\ and died in Novemher, Istxi.aftcra period 
 of retirement, widely knox^'ii and respected. 
 Mr. Littlcfield is descended in the ninth gen- 
 eration fi'Din iVgnes (or x\niiis) Littlcfield, who 
 came from England \\\{\\ sc\eral children and 
 .settled among tlu' j)ionecrs in Wells, Me., and 
 
 \\dio was suhsequently joined hy her hushand. 
 A part of the line is as follows: Nathaniel 
 Littlcfield, sr., of Xorfidk county, Mass.: Na- 
 thaniel Littlcfield, jr.: AaiTin Littlefield of 
 Stoughton, ]\Iass.: Moses Littlefield, son of 
 Aaron, of Stoughton, who married a daughtei- 
 of Moses Mann, a descendant of Jolm and Pris- 
 cilla (Mullins) Alden, of the Mayfiower; and 
 Thomas Littlefield, who was liorn in Stough- 
 ton and settled in liandolph, Mass., where 
 (TeorgeThomas Littlefield was horn. Idiomas 
 m;ii'rieil Lucinda Sherman, a granddaughter 
 of Roger Sherman, one of the framers and 
 signers of the Leclarafion of Independence. 
 Anna (TlioriX') Littlcfield, mothei' of the suh- 
 ject of this sketch, was the daughter of Elipha- 
 let Thorjie, a prominent pajiei' manufactui-er,' 
 Justice of the peace, etc.. of Doi'chester ami latei' 
 of Athol, Mass., and Puth Fenno. his witi', a 
 daughter of diaries Fenno, of ^Milton, ALi.s.s. 
 
 GEORGE .S, LITTLEFIELD. 
 
 Ruth I'V-'uno \\-as descended through her mother 
 from the Tucker family, 
 
 (ieorge S, Littlcfield is thus descended on 
 holh sides fi-(im some of the oldest families of 
 Massachusetts, and hom several of the passen- 
 gers of tlie iMayfiower. and through a long line 
 of ancestors inherited the sturdy intellectual 
 and physical characteristics of a typical New 
 
LUOGRA PHIC. J L.—MA SSA CH USE TTS. 
 
 187 
 
 Eni;l;ui(kT. Ho also possesses tlaise stronij,' 
 mental attriliutes wliieli made liis fallier a 
 noted edueator. After alteiidiii^' the [)ulilie 
 .schools of iSomerville he entered the Sdmei'ville 
 High Sehool, from wliieh he was ,ti;raduated in 
 18(!(;, being the lirst student to reeeixH' his col- 
 legiate preparation and entei' college fi'om that 
 institution. lie was graduated from Ilarvai-d 
 (V)llege in Isyo, after a regular foui' years' 
 course, with sucdi men as Richanl T. (li-cener, 
 I]abson S. Ladd, (iodfrey Morse, ()tis Xorcross, 
 llenry Parkman, William W. N'aughan. Hon. 
 William F. Wharton, and (lovcrnor Roger 
 Wolcott, all hut the Hrst of whom are memhcrs 
 of the Boston har. During Ihis period .Mr. 
 Littlefield also hail soiue exjiei'icn<'e in tt/ai/h- 
 ing hy acting at intervals as suhstitute foi' his 
 father and others. On lea\ing college in 1S70 
 he Ijegan the study of law with < )rei! S. Kna[)[i, 
 then a prominent attorney in Uarristi'rs' Hall, 
 Boston. He sul)sci|uently pursued his legal 
 studies with Mi-. Knapp and Hon. Sclwyn Z. 
 Bowman, partners, at the llar\'ard Law School 
 for one year, and finally in Ihe ottice of the 
 late Hon. Ebenezer Rockwoinl Hoar, and was 
 admitted to the Middlesex har at ('aml)ridge 
 in (Jctolier, ls7'_!. He continued with .hulge 
 Hoar for a few months, and then opcncil an 
 office tV>r hiiuself in Bai'ristei's' Hall. After- 
 ward he practit/ed for a time at liM l)e\'onsliire 
 street, for nineteen years at jis State sti'cet, and 
 since September, ls97, at -!7 Slate sti'cet, Bos- 
 ton: with the exception of one yeai-. wdieu he 
 was in partnership with .Joseph V. ^\'iggin and 
 Benjamin M. i^'i'rnald, he has followeil his jnn- 
 fession alone. 
 
 Mr. I^ittletiehl has ilevoted hims(df assid- 
 uouslv to a general ci\'il pi'aclice, whiidi has 
 develo})ed especially in the the line of pirjbate 
 matters and conveyancing. He has had a 
 large and successhd c(nii't business, but his 
 work has been largely in the capacity of cham- 
 lier counsel, in wdiich he has won an excellent 
 reputation. Possesseil of markeil ability, oi' 
 sound judgirient, and of a bi'oail and accurate 
 knowdedge i:if the law, he has steadily a(diie\'ed 
 a leading place at the bar of Suffolk county, 
 
 and by his own effoi'ts has gained both honor 
 and success. He has i-esidcd in Winchester, 
 Mass., since 1.S74, and during two periods of 
 four and lifteen yeais I'especfively was a, mem- 
 ber of the Winchester School (Committee, retir- 
 ing in 1H9.S. For about tw(d\'e years he was 
 (diairman of tin' board. His sei'\'ices in this 
 connection were luarkeil by ability, liiltdity, 
 an<l untiring imlustry, and to him is largely 
 due the continuous ad vancement of the schools 
 of that town, an ad\-;nicemenl all the more 
 notewoi'thy wdien it is recalle(l that the Win- 
 chester schools were among tlie first in the 
 country to institute and adopt the modern 
 ideas of progi'essive e(lucation. Trior to the 
 [)ubl:, announcement of Charles W. l*]liot, 
 [)resident of Harvard ('ollege, of the idea of 
 enrichment of the grannnai' sidiool course, the 
 Winchester schools had had in opci'ation, foi- 
 at least six years, a cinirse of advanced study, 
 embracing natural history, I^atin, I'^rcnch, ])hys- 
 ics, the higher mathematii-s, etc., wdiich has 
 been continued and im]>ro\'ed. 'Idiese ideas 
 were very largely the result of Mi-. Littletielil's 
 foresiglit and energy, and were all instituted 
 (luring his early meml)ership in tin- School 
 ( V)uii)dttee. During his term of ser\dce, also, 
 there was a general introduction of the kin- 
 dergarten system in the \\'in(dR'stei' schools, 
 and it is said that there are now more tdiildren 
 in this ilepartment in Winchester than in any 
 other city of the size in the counti'v. 
 
 In politics Mr. Littleti(dd has always been 
 an active and ardent iicpublican, ser\'ing as 
 delegat(.^ to \arious Republican con\-entioiis, 
 and taking a prominent part in the councils 
 of the party. He was for seven yeai's a trial 
 justice in WiiKdicster, and wluai Ihe Fourth 
 L)istrict Coui't of ]']asterii Middlesex was estab- 
 lished in .July, IS.SI^, ln' b<'came its senior spe- 
 cial justice, wdii(di position he still holds. He 
 has been counscd for the town of Winchester 
 since 1 S!);"), counsid for the Winchester Sa\'ings 
 fSaiik since ISSS and a uiember of the standing 
 committee of the A\dn(diester I'liitarian Society 
 since FsiMi. He is a member and past master 
 of William I'arkman Lodge, F. ct A. M., of 
 
188 
 
 THE JUDICIARY AND THE BAR OF NEW ENGTAND. 
 
 W^inclioster, ;i menihei- and past liiu'li [)iiest (if 
 W'obuni ('liaptor. It. A. M., a Wic meiiilior of 
 Boston ( 'oniiiiaii(lci'y, K. T., an original luciii- 
 ber of the Miildlcscx Bar Association, and x'icc- 
 president of tlio Aiiiatcnr ("(iilt I<](l,ij,u") Bowl- 
 ini^' Loat^iu' of I)ostoii and vicinity, llis ca- 
 reer at tlie l»ar, in official cajiacities, and as a 
 citizen lias licen niarkcil liy aliility, industry, 
 uns\\(,'r\dn,L;' integrity and honor. 
 
 Mr. Littlclield \\'as married .Inne 29, ISTd, 
 to Georgiana, daughter of (ieorge ( '. and Alary 
 (Ayer) Stevens, of Charlestown and latei- of 
 Sonierville, ALass. They lia\'e l\vo (/hildren : 
 Anna Shi'rniaii and Arthur Ste\-ens Lhtlelield. 
 
 WlhhlAAf HKLTKAX dk l.as CASAS, 
 l'>os(<iii, the N'oungi'st and oidv sur- 
 vi\'iiig one of Ihe live sons of hrancisco Hel- 
 tra.n and f]lizal>eth (I'edi'ick) de las ('asas, was 
 liom iMarcdi o, l!S"i7, in Maiden, Mass., wheix^ 
 lie has always i'i,'sideil. His fdliei' was a man 
 of culture and education, and in iS20 was ex- 
 iled from Spain, his nati\'e count it, foi- the 
 acti\'e part he took in a re\'olution to seiaire 
 constitutional go\H'i'iniienl. (Joing to Cuba he 
 became a conspicuous ligure in that island, 
 especially in the Ih'vojution of l<S24-2"i, bcttei' 
 kno\\'n as the first nio\'ement to olitain auton- 
 omy, and on accfiunt of his political acti\it\' 
 was comjiellcd to seek the freedom ol'this coun- 
 try. He came to Xcw Yoif< in lS'_!(i, and 
 afterwai'd taught in d'roy and Alham', in 
 A\'illiams and Amhei'st ( 'oljcoes, and in othei' 
 
 was graduated in the class of ISTih Jle then 
 taught mathematics in Trinity School at Ti\'- 
 oli (jn the Hudson fcn' t\\'0 yeai's, and on I'c- 
 turning home entered the Harvard l^aw Scdiool 
 and was graduated with the degree of LIj. ]>. 
 in f .S,S4. He continued his legal studies in ]>os- 
 ton \\ith the late Iloherl I). Smith and was ad- 
 mitted to the Suffolk liar in January, fSS.j. 
 Since then he has liet'n successfulh' eiiifatj'ed 
 
 WILI.IAW DE LAS CASAS. 
 
 in the genei-al pr.icticc of his profession in 
 Boston, with offices continuousl\- at 40 \\'ater 
 street. 
 
 .Mr. (asas has acliie\'ed I'ccognizcd jii'onii- 
 nence at the liar. He is an able law\'er and 
 
 ad\-ocate, well grounded in the pi'inciplcs of 
 places, anil f n- many years was one of the the la«-, and especially strong in that di'iiarf- 
 
 leading teaidiei-s of languages, painting, etc 
 in the best ]iri\'afe schools and families in Bfis- 
 ton. He dieil in Araldeii in Is.sy, wid(d\'es- 
 teemeil and hoiioi'cd. His wife, I']lizalietli, 
 was t he daugbtei- of .John I'edi'ick and Eliza- 
 beth Cai'dci- Ke1ty])lace, of Marblehead, .Mass.. 
 and by her father a cousin of .Judge .Joseph 
 Sffiry. 
 
 William B. de las ( 'asas was gi'aduatcd li'om 
 
 the Maiden high scl 1 in l.STo, and (he same 
 
 year entereil Jlar\-ard ( 'ollege, ii-om whiidi he 
 
 iiient relating to real estate, in which he has 
 had lai-gc experience. In his own city he has 
 de\'elope(l and built up one of its most attrac- 
 ti\-e [lorfioiis. bor se\-eral yeai's he has also 
 been acti\-i' in \-ai-ious public atfaii's. Jn lSS2 
 he became secretai'N' of tin.' .Maiden ( 'ixdl Ser- 
 N'ii'c Refoi-m Association and Ahildi.ai's repre- 
 siaitative in the exeiaitive commiltee of the 
 Massaidiusctls State iJeform League. He held 
 those positions for some time, I'cndering effi- 
 cient sei\-ice in the cause of civil service re- 
 
BIOGRA PHICA L. ~MA SSA CIIUSE T IS. 
 
 189 
 
 tiirin, and for nine yoars was also a nicmljcr ni 
 
 the jieneral foiniiiittce of llio National ('i\'il 
 
 Service Kefonn lA'ayue. In politirs, ton, he manirij 
 
 l.iecanie a consj)ieuous leader, ser\'iug' as seei'e- 
 
 tary of the Maiden liidepeiidrnt Cluh, whiidi 
 
 siq>|i(irted (develaiuh in lSS4, as cliairinau of 
 
 the Sixtli Conyressinnal Distrirl Deiiioci-alie 
 
 ^hlssa(•hns('its. Ih' has (i'a\'cled exlensi\-ely, 
 es])e<'ially in Spanish couiil I'ios, and is un- 
 
 /"^HAKIdOS KJMr.ALL DA l;hl.\(;, V, 
 \^ Ion, t'niicd Siates niaivlial for Ihc D 
 
 • Dis 
 
 C'orunnttee, as a (kde^ate to \'ai'ions hical and ' ''i''! of Alassaidinsctls, is t.lic son of .losi'|]li k'i in- 
 state Denioeratie eon\-entions, and as (diair- hall and ^hiry A 1 ice ( Kniu hi ) I )ai'l ini;, and was 
 man of the exeeuti\'e conn nit toe of the .Ahilden horn in t lie i own of ( 'i)rini h ,( )rani;'c county, \'t.. 
 Democratic City Coinniittee, which senf a ■Inne ^M, 1 SIM. 1 1 is lai her is an eiiiinciit hi wycr 
 I)eniocratic ri.'presentati\-c tn tlic (leiua-a! in that Stah.', rcsidiiiii' in ( dielsea, and tract's his 
 Court for the Hrst time in thirt\' \'cars. Jn descent I hron^h se\'eral uciicrai ions io some of 
 Lsyl he was the parl\' nominee fur the ( !o\'- the earliest and sturdiesi families of Maine 
 ernor's ( 'ouiicih lint was not ek'Cted. In Isi-li' and New lhim|)shire. ( )n his niother's side 
 (Governor Piussell apjiointed him a meinher of he is <h.'seeiided I'roni John K'nielit, wdio came 
 the preliminary ^^et rojHilitaii I'ark ('onmiis- from f]nL;land (o Xew hiiry porl, ^lass., in 1 G-'!o. 
 sioii as a collea,i;iie of ('liark's Krancis Aikims ('oloiiel Darling recei\ed his preparatoi'y 
 
 (chairman) and I'hilip A. (_'liase. The hoard 
 madt' the rejiort which resulted in the appoint- 
 ment of a permanent conimission to \-a\ out 
 tlie Metropoliian I'arks System in a ilistrict 
 ma<h,' U]i of Ilostnn and thirty-six neii^dihorinn' 
 cities and towns. Mr. ( 'asas was made a mein- 
 her of this permanent cdinmissiiai in .liilw 
 lS9."), and in l.Sito sucL-ecded Mr. Adams as 
 chairinan. He still holds that otHce, ha\-ini;- 
 heeii reap[iointed in lsi(7 hy (k]\-ernor W'ol- 
 cott for the full term of li\'e years. 
 
 In his own city Mr. ('asas has heen a trustiM' 
 of the ]^laldeii Hospital from its foumlat ion, 
 and \\"as one of the suh-</oimnittee of thri'c 
 wdiich hnilt it. He has heen a warden of St. 
 Paul's Episcopal church since ISS-l, and is a 
 memherof the Kemwood ('hih, Hoard of Ti-ade, 
 and N'arious other or,nani/,ati<ins, in(diidiiie' the 
 Maiden 1 1 i,L;h Scdiool Idterary Association, of 
 wdiich he «as a founder in X'r^l'l. He is also 
 a memher of the Maiden Histori(;al Society, education in the pnhl ie scIkjoIs of ( 'orini h and 
 and for a time was treasurer of the Middlesex at liarre (\'l.) .Vcadiaiiw from which he was 
 
 eilAKLF.S K. UARIJXf 
 
 Institute and an otficia- fif ( he Maiden I nipro\-e- 
 ment Associalifni. In Hostoii he is a iiKanher 
 
 .;radna(c(l in kssk The same x'car he cii((Mvd 
 hartniouih ('olle^c, ^raduat intJ' in the class of 
 
 of the I5ar Association, of the ISostonian Scku- 1 .SS.") with A. I!. Anions his idassmates were 
 
 i:\\\ and of the riiion ('Inh, and i'or eiu'hl Samnel 11. llndson, .lohn II. ('olhw and I']d- 
 
 ^•ears ser\'ed in the hirst Corps of ( 'adets. He win A. Hayley, of the ISoslon har; Richard 
 
 is a menihei' of the IIar\'ai'd Law School .\sso- llo\'ey, Ihepoei: .liidi;'e Xathaii W'ashhii ni, of 
 
 ciatifm and of some orirani/.at i<iiis (Mitside of Middlehoi-o, Mass., and others. He was also 
 
190 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 for two yeai-s a eadot at llie UnittMl State's mil- 
 itary acaik'iiiy at West roint. In ls9:! lie re- 
 ceivfd fr()iii I)artiuoutli the decree ot A. M. 
 He went to Fitehhurt;-, Mass., in iSSd, and was 
 there eiii[)li)yed in various ea[iaeities l)y the' 
 Fitchhury, Old (Vilonyand Chesliire Railroads 
 until lS91,\\-lien he ))ecanie eonneeted with 
 the Fitehl)urg Daily Sentinel. He ei>ntinued 
 on the editorial staff of tliat papei" until isy:!, 
 wlien, havintj; privately taken up the study ot 
 law, he entered the iSoston University Law 
 School, from wliich he was !j;railualed witli 
 the det;ree of LL.B. in .June, lS9(i, hein^ ad- 
 mitted to the Woi'eester county liar in June, 
 IS!)"). Since 1S9(; he has ])i-acticed liis pi'ofes- 
 sion in iioston. He was appointeil hy Fresi 
 dent McKinley on l'\'hruary S, f .S!)9, marshal 
 of tlie Fnited States for tlie District of .Massa- 
 chusetts. 
 
 In 1 S94 Colonel 1 )ai-l in^- was appointed editoi' 
 of the "Farly Laws of Massachusetls " in the 
 office of the secretary ol' the ( onniion wealth. 
 He has puhlislied several volumes of the early 
 laws, llu.' work covering a period of I w eii(y-si.\ 
 years fi'om the adoption (jf the ( Vjustitution in 
 17'SO (o LSO(j. He has heen conspicuous in 
 military affairs since Septemliei'. Issy, wlieii 
 he was appointed sergeaiit-niajor of the Skxth 
 liegiincnt, Massachusetts \'olun(eer ^^lililia, 
 in wddeli he was connnissioned adjutant in 
 Feliruary, ISSII, and major in Aju'il, Ls9.'i. 
 When the Sixth Uegiment was iiiustei'ed into 
 the Fnitcil States ser\-iee on May 1:!, iSihS, he 
 was comniissione(l a major of \-oltudeers, and 
 as suidi accompanieil the organizal ion io ('uha 
 and I'orto Kico, wdiere it pai'iieipaled in the 
 wai' widi Spain, ami wdicre he heeame its 
 senior fi(dd officer. He was commended li\' 
 (!en(.'ral (iai'retson for gallantry and c'oolness 
 under lire, and was hrcN'ctted hy ('ongrcss for 
 meritoi'ious service soon after the i-cgiment 
 was mustei'cil out of the Fnited Slates serxdce, 
 which occurred on the :^lsl of January, 1<S99. 
 On -lamiary f, of tliat yeai', ('oloind J)arling 
 pldilislie(| in the Boston (tlohe an extended 
 Insteii-ical sketch of the |-egimenl's ser\'i(/e in 
 the Fnited States \'oluideer arniv, co\-criiiti' 
 
 especially its woiL in Forto Jiico. ( ieneral 
 (lan-etson, in his final onler to his hrigade, 
 "congratulates the officers and men of the 
 (Uh Massachusetts \'olunteer Lifantry that, 
 having had, to a greater extent than otliers of 
 my comnian<l, an o}ipoi-tunity to show their 
 etticiency under fire, they have not failed un- 
 <ler tlie test." \\'lien the regiment was mus- 
 tered out of the Fnited States army and again 
 heeame a part of the Massachusetts N'olunteer 
 Militia in January, 1S99, he resumed hisfoi'irier 
 official <luties as its major, hut was shortly 
 afterwards elected and commissioncil colonel. 
 He has also heen prominent in the order of 
 the Sons of \'eterans, F. S. jV., ha\'ing ])asse(l 
 through the \-arious camji and di\'ision offices 
 to the command of the ]\rassachusetts Dixision 
 in 1S91 and Fs92, and heiiig appfiinted Ijy 
 ( 'ommandei-in-( Jiief Joseph 15. Maccahe in 
 1S9;> adjvitant-general of the organization. 
 At tlie thirteenth annual encampment held 
 at Da\^eiipf)i-t, L)wa, in August, lS94, he was 
 (/hosen a niemher of the c(Mnicil-in-(diief and 
 \\'as made secivtary of that hody, and al the 
 seventeeidh annual encampment held at Li- 
 dianapolis in FS97 he was electe<l coiiniian<ler- 
 in-idiief and sci-\'ed one yeai'. 
 
 In politics he is an ai'dent Uepuhlican, and 
 wJiile li\'ing in Fitchliui'g was aeti\'e ami 
 pi'omincnt in ])ulilic afi'airs, ser\'ing as a merii- 
 her of the Fiti/hhurg S(diO()| (.'onnnittee for 
 Ihi'ee yeai-s and as elcrk of the (_'ommon ( 'oun- 
 cil and of committees for seN'cral terms. As a 
 puhlic sp(.'aker, esi»ecially on [)atriotic occa- 
 sions, he has gained a wide reputation, and as 
 a writer on military, liistoi'ical, le^al. and 
 other suhjects he has a(Jiie\'<.Ml honoi'. Hi.s 
 luiirierous cimtrilaitions to newspajiei-s and 
 magazines hear e\'idence of a good dcgi-ce of 
 skill and ahility, and through them as well 
 as through his connection with militarv aliairs 
 he is well known. Jle is an ahle lawvei', a 
 liul.lic spii-i(e(l citizen, and a man thoroughly 
 imiiued with ]iati-iotisiii. He is vice-presiilent 
 of the Loston (Jiapterand histoi-ian of the 
 Massachusetts Society of the Sons (jf the 
 American Revolution, a cori'espoiiiling mem- 
 
BIOGRA PHICA L~MA SS. I CHUSE TTS. 
 
 101 
 
 her of the Fitelihuri; I [istnrical Society, :iiiil :i 
 menihev nf the W'riiKHit Association anil of tlie 
 fniversity Cluh of Hostcm. In ls;)."> he re- 
 moved fi'oni I'^itehhur^' to I'xiston, whei'e he 
 still resides, and upon j^radualini; h'oni the 
 Ikislon Unix'ersity i^aw Scliool in lSI)(i he was 
 appointed instruei<ir in criminal law at tiiat 
 institution, which position lie still holds. ]!<■ 
 is unmarried. 
 
 eral years has held a pi'ominent place at the 
 Boston har. In |iiilitics he is an ai'dcnl Re- 
 puhlicaii. He was a menihei' of the Boston 
 ( 'onnnon Council foi' three years, repi'esentint;' 
 in hSTT, 1S7.S and ISTI* the Back ISay district, 
 his colleague from that district heinn' (iov. 
 Konci' W'olcott. in ISSO Ml'. Mowry i'emo\-e(l 
 to Lon^wood in Brooklinc, where he still I'c- 
 sidcs, and where he has heen acti\'e and influ- 
 ential in \-ai-ious loi'al allaii's. lie has heen 
 
 OSCAl; IMiOWX Fdd. MOWRY, A. M., 
 Boston, is the son of Warren B. and 
 Harniah A. { Browned ) Mowry, and was horn 
 in \\'oonsocket, R. 1.. where he spent hiseai'ly 
 life. He was liraduated from the Woonsocket 
 Hiu'h .Scliool in ls.")<) and then entercil Brown 
 Hniversitw where \\v distineuisheil himself as 
 a scholar, uraduatin^ A. B. with lionor in Isc.'i 
 and re<-ei\inL: the decree of A. ^1. in c(iui'se in 
 lS(;(i. Wdnle ihere he haselecteil a meiiihei' 
 of the Delta Kapjia R.psilon fraternity. < )n 
 leavine' colleue Mi: Mowry entei-ed the llar- 
 \"ard Law School, from w hich In- was ^i'adii;ilei| 
 with the de^i-ee of LL.I!. in Bsi;."), and contin- 
 ued his leual studies in Boston in the ollice ot 
 the late ('harles Theodoi-e Russell, father of 
 (lovernor William V.. Russell. He was admit- 
 ted to the Suffolk har Maivh 17, 1S(;(;. and at 
 once fornie(l a copai'tiiersliip with Thomas R. 
 
 Sturtevaid, which continued ahout H\'e yeai's for sevei'al years past a memher of the Brook- 
 under the hrm name of Mowi'y A Sturte\'aid. line \\'ater Board, and is also at the jirt'senf 
 
 OSCAR r. MOWRY, 
 
 since then he has pi-aeticed alone. 
 
 Mr. Mowr\- has dcN'oted himself to a con- 
 
 time a memher of the hoard of management of 
 the Brooklinc piihlic haths. He is a memher 
 
 stantiv increasinu' ncnei'al ci\'il law hiisiness, of Triinty church, B>ost()n, and of the Ri\'er- 
 
 which has develo])e(l in latei' yeai's lai'u'ely in dale f'asino in Brooklinc, ser\'ine' as a menihei' 
 
 the line of prohati' .ami ti'ust mattel's. He is a of its house committee since the tduh house 
 
 trustee of se\'era I imjiortaid estates. As an ail- washuiltand heim; now the committee's diaii-- 
 
 vocate he has achie\'ed an honoi'ahle repulaf ion man. He is a memher ot the Boston liar As- 
 
 in Ijoth the State and I'lnted States ( 'om1s, socialion, and as a cili/.en he is puhlic spirited 
 
 ha\-ine' in all these trihunals in Boston an e.\- 
 tensi\-e ])i'actice. In the many impoi'tant cases 
 with \\-hieh he has heen connected he has dis- 
 
 mid entei'[)i'isini_;-, always takiuL;' an active in- 
 tci-est in till' widf'ai'c of fhe conniiunity. 
 
 Ml'. MowrN' was mari-ied in ISTit to (ieoroi- 
 
 plaved marked ahilit\' and skill. Ileisa man anna -I., daunhler of (Jeor,L;'e ( '. ({oodwin, 
 ofhroad intellectual jiowers, of excelhait jud^- foundi'r of the well known firm of (icornc ( '. 
 ment, and of ijuiek comprehension, and ioi' siw- (ioodwin iV: ('o., of I'mslon, 
 
192 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 HEXUY HYDE SMrril, A. M., Ho.stoii, 
 is tlir son of ( irciMileaf jiiid Nancy 
 (Clinrrliilli Smith. l)otli natives of Maine, and 
 was horn at ('oi-nisli in tliaf Stat(.' mi tlic 2(1 of 
 Fel)rnar\', \>^'.V1. < )n liis niotlicr's side he is a 
 lineal descendant of Julni ('liur(diilh one of 
 tlie early settlers of I'lvinouth, Mass. His 
 paternal grandfather, 'rhc(>[iliihis Smith, was 
 l)Oi-n in Newmarket, N. II., mai'i'ied Sarah 
 
 HENKY 11. bMITH. 
 
 Pike, of I']|i]>in^, and hecame a })ioneer of Cor- 
 nish, Me., wdiei'e he rose to the rank of captain 
 in the old militia. (Ii-ciadeaf Smith, son of 
 Thcopliilns ami liither of the snlijeci of this 
 artick', was a respected fai'iiier in ('ornisii and 
 achie\'ed more tlian a local repntatioii as a 
 tenor drummer. 
 
 Mr. Smitli I'eceived his jireparatory educa- 
 tion at I'arsonstield Seminarv and Uridgton 
 and Staiidish Academies in his nati\'e State, 
 and was graduated A. I!, witli honoi-s from 
 Bowdoin t'olle;j,e in l.srj4. Anions his J>ow- 
 doin classmates were Dr. John Ahl.iott Doug- 
 lass, of Anieshury, Mass.; the late De\'. William 
 Packard Tucker, D. D., archdeacon of Rhode 
 Island: Hon. ^\'illiam Drew Washhurn, United 
 States senator from ^finnesota; Dr. Sannud 
 
 Freeman, of Everett, Mass.; Franklin A. \\'\\- 
 son, pi-esident of the Maine Central Railroad 
 Company, of Rangor; the late James R. (Os- 
 good, the noted puhlisiier; John G. Stetson, of 
 Boston, clerk of the Enited States f'ircuit Court 
 ofA})i)eals; Ambrose Eastman and DanieHA 
 Lin.scott, of the Boston liai'; and Major Charles 
 Releg Chandlei-, of the 1st Mass. A'ols., an<l 
 Cluqilain < ieorge Washington Bartlett, who 
 were killed in tJie Ci\'il war, and who.se naiiies 
 api)ear on talJets in Harvard's Memorial Hall 
 at Camliridge. This class oi' thirty-n\'e niem- 
 hers produced many men who went out ti'om 
 the halls of old Rowdoin to win distinction in 
 the \-arious professions. Mr. Smith took high 
 rank in college, won a sophomore declamation 
 prize, was assigned a "junior part," and was 
 elected a meniher of Theta ( 'hafiter of the 
 Delta l\ap[)a Eiisilon frati.'rnit>'. In ISoTlie 
 receix'cil tVom his alma matei' the degi'ee of 
 A. ]M. in course. He intersju'i'sed his studies 
 with teaidiing, and with his eai-nings was eri- 
 ahleil lo pay a large part of his college ex- 
 penses. In l.So2-o-'> he taught as tii'si assist- 
 ant the winter and spring Ici'iiis <"if Eo.xcroft 
 Acadian V in Elaine, and dui'ing the wintei' term 
 of 1 S •");')-.■) 4 he was pi'incipal of Eitchfield 
 (Me.) Academy. Immediately after gi'aduat- 
 ing he hecame assistant to Ahdn Boody (Bow- 
 doin 1.S47) in Ei-yehurg Academy, and the fol- 
 lowing year was associated with his classmate, 
 John (i. Stetson, in ciiarge of (inive School at 
 Cedar\'ille, (Jhio. During the next two years 
 (lS.l(j-."i,S) he was princifial of the academy at 
 Eryehurg, Me. As a teacher he was eminently 
 successful. 
 
 In is.lx lie entered the llarx'ard Raw .Scliool 
 and was graduated therefrom in iSiiO with 
 the degree of RE.R. He also pursued his 
 legal studies in the office of I'^essenden & But- 
 ler, of Portland, Me., wdiere \\^: was admitted 
 to the (.'umljerland county har Eehruarv 2, 
 l.S6(J. He Ijegan the active practice of his 
 profession at Portland in partnershi[i with his 
 classmate, John C. Stetson, hut in 1.S61 re- 
 moved to Eryehurg, Me., whei'c he remained 
 until RsiiT. Idiere lie Ruilt ufi a successful 
 
BIOGKA PHICAL.—MA SSA CH L 'S£ TTS. 
 
 193 
 
 Idisiiicss ami wow (.■niisidcralilc rcpiilal inn as a dent of flic Ma iiic Sciialc, L;()\'ci'iinr of Maine 
 lawyiT and adxaicalc. In ilic last naadioncil in 1S4S, IS-II). and IS.'id, and iniiiislfi- lo IJo- 
 
 yi'ar lie cslalilislicd liinisi'lf in |iracticc in 1 los 
 ton, wlii'iT 111' slill conlimics, his resid(aicc lie 
 
 li\'ia dnrinu \\\r adni inisi I'ations of I'l-csidiaits 
 rici'cc and ISnclianan. (loN-eiaan' J)ana's wife 
 
 in,n' at I lydi,' Park, oni' of the city's fasliionalilc was the dan^ldci' of .laiiics ( )s!4d<id, of l^'i'yc- 
 suhnrlis. ^[r. Smith was aihiiittcil to the S\if- hn I'g, who is sa id (o ha\'c Ix'en one of the most 
 folk har -Inly is. and to the har of the I'lntcil hi'illiant naai in that si'dion of lh(.' counti-y. 
 States ('ircuit ('oui't, Massaclmsclts disliacl, ,Mi'. and Mi's. Snuth lia\a' an oidy son, W'in- 
 No\'ianh(.T 9, lS(i7, and has \)vv\\ a inasfci' in clicstci' Dana Sndlh, who, ijn the I)aiia side of 
 chanct'ry for tlie cianity of Sutldlk since iSSl. the family, is a lineal dcscendanl of(lcn. Israel 
 IK' soon came into |irominence as an ahic, in- i'nfnam ami of kdea/jM' Wdieclock, the lirst 
 ilustrions and painstaking lawyer and ad\'o- jU'esident of 1 )arlmontli ('ollei^'c. 
 cate, and I'apidly gained a lar!j,-e (dienta^'c. Of 
 late \'ears, howex'er, he has practiced lai'^'clx- 
 as master and anilitor, in wdii(di ca[>acities he 
 has a(diie\'e(l a leading rejmlalion. As mas- 
 ter he sat in an importaid hearing whi(di in- 
 vi"il\H-<l the dissolution of a hisiaiit mamifactur- 
 iiii; company and the di\'ision of pi'operty 
 X'ahu'd at ahout SI T-'!, 11(10, and also in the 
 
 J^ 
 
 AMKS WOODWAIJI) E.MKRY, J'orls- 
 ni<.)nlh and ('amhride'e, was lln' son of 
 Samutd and Kuhy (Woodward) I'jiiery, and 
 was hoiai in lla\'erhill, Mass., No\"emhei- .'!(), 
 
 ISO.S. Ills |)aternal ancestors sett led in \ew- 
 ctdehrated .losiali Dunham will case, which Imiyport ahout l(i;l(i, man\- of the mcmliers <if 
 liad heen ruiniin^ in the courts of Suffolk 
 count\' foi' more than one-third of a cciilni'y. 
 In hoth of these cases, as in many o1 hers al- 
 most cijually im]iortant, his i-eports formc(l 
 the hasis of settli-naait. Mr. Smith is syslem- 
 atic and methodical in all his work, and has 
 dis})laveil unt-onimon g(iod judgment and 
 souiiil common sense. In shoi'l, he has e.\- 
 liihited liigh judicial i|ualitications. He is a 
 tliorough scholar, a (.-areful student of I he 
 science of law, ami a man of hroad and com- 
 prehensive knowli'dgc. His long and aeli\-e 
 career at the l>ar. his connection with many 
 importaid eases, and his work as niast(a' and 
 auditoi- liave gi\'iai liini an cxcelhait i-aid< 
 among Uoston's lawyers. Since eonnng to 
 Boston more than thirty >'eai's ago he has 
 praeticeil alone. in piditics Mi'. Smith is a 
 Kepuhlican. He is a meinher of the Ameri- 
 can anil Boston Bar Associations and ol the 
 
 Protestant I'jjiiseopal (diuridi, ami as a citizen the \'arious generations lieiiig lawyers. On 
 is public spirited, [>rogressi\-e and patriotic. his mother's side he was a grandson of Jiidgt' 
 
 He was niariieil at Fryehurg, Me., Decem- .lames 'Woodward, of I la\-erliill, X. II. 
 her j!4, ls<il , to -Marv Sherhurne Daiia,daugh- .Mr. Emery was grailuated from Dartmouth 
 
 terof the lati' Hon. -lohii \\'iii(diester I)ana ami ('ollege with honor in the <-lass of l,s;!(l, and 
 p^liza Ann(OsgooiljDana. Mr. Dana was presi- after reading law in i'ortsmouth was admitted 
 
 JAMES \V. KMERY. 
 
194 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 to tlio New Ilampsliiiv bar in l.s:).'). lie was 
 aswoeiated witli Ichahod I>ai'tlett in active 
 practice until the latter's deatli in 1X.1;S, and 
 afterward alone for a few years with an ample 
 clientage. The firm of iSartlett (.t Kniery con- 
 stituted a fortunate comljination oi' legal ijual- 
 ities, Mr. Bartlett ])eing a hiilliant advocate 
 and Mr. Emery being eiupliatically a worker, 
 A\ith no aud)iiioii for display, ))ut eager and 
 earnest for success. Mr. Emery was not only 
 an able lawyer, l)ut became <ine of the foremost 
 business men of his time. While residing in 
 ]'f)rtsmouth he was tlie chief promoter, if not 
 the projector, of the I'oi'tsmoutb and Concord 
 Railroad, and for many years was tlie legal 
 adviser and one of the ])rincipal siqtjiorters of 
 the enterprise. He was a rejiresentative in tlu' 
 New Jlampshire IjCgislature for six terms ])e- 
 tween 1 844 and 1 874. In 1 87:; he was speal^er 
 of tln' House. 
 
 In 1857 be moved to ( 'ariibridge, Mass., and 
 liecaine president of tlie I'nioii Horse Railroad 
 ( 'ompany, which M'as successful under his 
 management. He \\'as also one of theproject- 
 oi's and leading promoti'rs of the iMiropeau 
 and North American Railroad and was largely 
 interested in coal mines in No\a Scotia. In 
 187d he returned to I'oitsmouth, X. 11. , and 
 after\\ard gave but little attention to the prac- 
 tice of law, de\-oting himself to the duties of a 
 director in Ijanks, railroa<ls, and other trusts. 
 ]Mr. Emery was a man of sterling charactei' 
 and high standing, upright, frank, honest, and 
 univci'sally resi)ected. His integrity and liou- 
 estv of pur[)Ose were ue\'er questioned. At tlie 
 bar be gained an honorable re])Utatioii, and al- 
 though he gave riun'li time during the lati/r 
 vears of his life to e-\teiisi\-e business interests, 
 vet be always kept in toucdi with bis ])rofes- 
 sion, and e\'i'ii until bis death ga\'e more or 
 k'ss attention to practice. At the time of bis 
 decease \w was president of the iioekingham 
 ('ounty liar Association. In jinblicotHce be 
 displayed the same marked ability and broad 
 int(dlectuality \\bich distinguished bis legal 
 career, and in these connections as well as in 
 business he was emineiitlv successful. lie 
 
 died in Portsmouth on the Kith of Decembei', 
 1891, widely honored and highly esteemed. 
 
 Mr. JMuery was marrieil August 15, 18;)7, to 
 Martha Klizabetb, daughter of Andrew \\'at- 
 kins l>(dl, a sea captain, and Elizabeth Man- 
 ning, of I'ortsiuouth, N. II. She is a descend- 
 ant of the Reppendls, Frosts, Sheafes, and other 
 prominent colonial fimilies. They bad three 
 daughters and four sons, of whom Woodward 
 Emerv, a lawyer in l>oston, noticed in another 
 sketch ill this work, is one. 
 
 WOODWARD EMKRY, of ( 'amlnidge, 
 is the eldest sur\-iving son of .lames 
 \Vood\\'ard Emery and Maillia Elizabeth J>ell, 
 and was born in I'ortsiiKiutb, N. H., Septem- 
 ber 5, 184'2. He is descended in the ninth 
 generation from .lohn Emery (sonof .lohn and 
 Agnes Emery), wdio \\'as born in Romsey, 
 Hants, l']ngland, September '!':), 1598, and who 
 saileil fr<im Southampton with bis brother 
 Anthony, in the ship .James, on April .">, 1(135, 
 and landeil in Boston on tlu' .'>d of .June of the 
 same yvAV. .lohn iMiiery soon settlcfl in New- 
 bury, Mass., where he held se\-eral town otKces, 
 and is re<;orded among the ninety-one free- 
 holders in December, 1()42. His son .lohn (2) 
 \\'bo came o\"er in l(i;)5, was man'ied on Oc- 
 tober '_*. lf)48. to Mary, daughter of .Iribii and 
 ]\Iary Webster, and was prominent in the town 
 of Newbury, ser\'ing as selectman, juryman 
 and tytbingman. A jiart of t he land that was 
 granted to him is still in possession of the fam- 
 ily. The liiu' thenceforward is (.')) .lohn l']ni- 
 ery, who married Mai-y Sawyer: (4) .lohn. 
 who married Mebitable Short: (5) ]\Ioses, wdio 
 married Lydia iMiiery, a descendant of the 
 iirigiiial .lohn: ((i).Iohn, who marrie(| {'"li/.a- 
 beth Woodman: (7) Samuel, \\lio marrieil 
 Ruby Wood\\'ard. daughter of -Judge .lames 
 Woodwai'd of ila\-ei-hill, N. H.: (8) .lames 
 Woodwai'd I'jiuery, only son of Samuel and 
 Ruby (Woodwai'd) lunery: and (9) \\'oo(h\ard 
 Emery, the subject of this article. 
 
 •lames Woodward Eiiier\', born No\-ember 
 
BIO GRA PHICA L . —MA SSA CH USE T TS. 
 
 195 
 
 •">0, 18()S, was graduated from DartiiHnitli Col- 
 lege ill l,S;iO, and read law with, and after his 
 admission to the har lK>eanie assoeiated with, 
 Hon. lehaliod liartlett, of rortsniouth, X. I[. 
 Pie \\-ns several times a re]iresentati\-e to the 
 State Legislature and its speaker in IST.'!. He 
 \\'as sueeessful as a hn\-Yer and in inan>' pro- 
 jeets for the devidDpment (if steam and street 
 railways, as well as enal nnnes in No\-a Scotia. 
 
 WOODWAKIJ EMERY. 
 
 August lo. lS-')7, he married Martha Kliza- 
 heth, daughter of Andrew W'atkins ]5ell and 
 Elizaheth Manning, of Portsmouth. MVs. 
 Martha Elizaheth (liell) Emery is of the eighth 
 generation in descent on s<'\'ei'al lines of New 
 p]ngland colonial an(;estry of rejiute, among 
 them ('olonel I'epperrell, the father of Sir Will- 
 iam, of Louislturg farjie. The Emervs were 
 jiiaiidy farmers and lawyers : while the an- 
 cestors of Mrs. Emery were most of them mei'- 
 
 chants and sailors. 
 
 Wood\\'ard Emery attended the pii\'ate 
 
 schools of Portsmouth and was graduated 
 from ]Iar\'ard <'ollege in l!S(i4. Mi'. p]rnery 
 was graduated from the Hai'vard I^aw Scliool 
 with the degree of LL.P). in iSIUi, and after 
 spending a year in the Boston offict's of th(^ 
 late Ilein'v \\. J'aiiie and JIutchins & 
 
 Wdieelei', was admitteil to the Suffolk liar in 
 ■luly, I8(i7. Since then he has been actively 
 engage(l in the jiractice of law in Boston. His 
 lirst case in the Supreme -fudicial t'oui't \\;\n 
 that of ^^eagher y . Hriscoll, in whicii it was 
 cstahlished that an action of trespass would lie 
 for disturbing the body of a child buried iji a 
 Roman (_'atholic cemetery, and that the wound- 
 ing of the feelings of the parent of the child 
 was an element of the damages recoverable. 
 Mr. lilmery had a large number of cases for the 
 iild Pnion Street Itailway Comjiany of Cam- 
 bridge, and pi'ocure<l the city of Cambridge to 
 be enjoined for discharging sewerage into Broad 
 ('anal, wdiereliy that city was compelled to 
 change its system of se\\'ers. He has been 
 counsel, clerk, treasurer, and president of \'ari- 
 <ius corp<iratii)ns, whence he has Iteen led to 
 gi\'e special attention to corporation law. In 
 ■ lune, IcSTl^, he was apjioiuted special justice of 
 the Police ( 'ourt of ( 'ambridge, which office he 
 tilled satisfactorily until his resignation in 1 <S7S. 
 He has I'esided in ('ambridge since 1<S(.)0, was 
 a member of the Candjridge Common (Council 
 in 1.S77 and Ps7,s, and a representative from 
 that city to the Plouse of Uejtresentatives of the 
 Massa(diusetts Legislatui-e in lS8o. In the 
 lattei' body he \\-as chairman of the committee 
 on towns, and established a reputation as an 
 able and conscientious legislator. In 1894 he 
 was a})pointed by (iovernor ('Treenhalge to the 
 ( 'onnnon\\-ealth Ilarboi- and Land Commission, 
 the chairmanship of which he still holds. 
 This board has the care of all the tidewaters 
 in the (Jommon\\'ealth, the (Ireat Ponds, and 
 the C'onnecti(ait liiver, so that n(.) structures 
 can be erected lawfully therein without a 
 license therefor being fij-st obtained. It also 
 has chai'ge of the ( 'ommonwealth's lands. 
 During the past four years this connnission has 
 been called u[ion to jjerform an innnense 
 amount of important work of which sjiecial 
 mention may be made of Boston Ilai-bor and 
 the re(damation of large tracts of sand at Prov- 
 incetown. The dutiesof the connnission lia\'e 
 gro\\n in sco])e and importance, and under Mr. 
 J^mery'salile and efficient leadersliip it has ac- 
 
196 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 (•iiuipli«!iuil a \'ast work. I>y :i legislative act 
 (if Is;).") the g(i\-enii>i' a])piiiiite(l a lioard of iii- 
 i|uirv to iiiNcstigate the wants of the }iort ot 
 liostoii with reference to the ex[ieilient-v of es- 
 tahlishing puhlie o\\nershi]i and control of the 
 (locks and \\diar\-es, and improving the tei'iui- 
 nal facilities in connection therewith ; and as 
 chiiinuan of tiiat hoard Mr. Emery rendered 
 \-alnalile and effecti\'e service. Thehoaid made 
 an exhaustive report to the Legislature in Jan- 
 uary, lS9f), and many of its inipoitant reconi- 
 ]nendati(^>ns have heen adopted into the polie>' 
 of the ( 'oiiimon wealth. 
 
 Mr. J'jinei'y is an ahle lawyer, a man of hroail 
 and coiupi'ehensi\'e knowdedge, and has 
 acliieved a high standing among his associates. 
 He is a foundation memhei' (hSTH) "f the I'xis- 
 ton I5ar Association. 
 
 Decemher •"), hsys, he mai'iied Anne Pairy 
 Jones, (hiughter of William I'arryand Mai'y 
 Aim (Prince) .lones, of Portsmouth, X. 11., and 
 a descendant of I']li/,aheth I'enn. sistei- of Sir 
 ^\dlliam Penn : the>' have twn (dnldi'en li\ing, 
 viz.: Fredei'iek Ingersol ICmer)-, liorn .hily '11, 
 ISSP a student at Harvard College, class of 
 1902, anil Helen Prince khneiv. 
 
 ta:\[ks 1':pwai;i) potter, pnst.m, is 
 
 ^ the son of .lames and Margaret ((_'alla- 
 ghan) Potter, ami was liorn in ('ounty ('ork, 
 Irehxnd, in Ps47. Left motherless in child- 
 jiood, he came to .Marllioro, Mass., in Ps.pp 
 wdiere his father hecame the owner of a small 
 farm, u[ion which the lad s}>ent his early life. 
 ^\'orking hard summei-s and attenipng the 
 pultlic schoids during the winter months he 
 acijuired a rugged constitution and sterling 
 (|ualities of self-rtdiance, which ha\'e ser\'e(l 
 liim admii'ahly e\'er since. Ih.'also attended 
 tlie State Normal School at liridgcM'ater, Mass., 
 and then took up the study of law in Marllinrn 
 with \\'illiam IS, Pale, the leading lawyer in 
 that section. Mr. ('otter was adiuittcil to the 
 Middlesex hai- in -hinuary, Ps74. and then rc- 
 mo\'ed to Hyde Park, Mass., where he contin- 
 ued to reside. 
 
 In IS75 he opened an office in ISoston, wdici'e 
 he ha.s (.•ontinued to practice his profession 
 with success in the State and ]''ederal courts, 
 heing admitted to the har of the I'nited 
 States Su]iremc Court in PS92, He has heen 
 connected with many important cas(_'s, heing 
 couns(d in snit.s o\cr the water sujiply ot 
 cities and towns, and also in land damage 
 suits, in will cases, in a variety of actions of 
 
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 In 
 
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 H 
 
 
 JAMES E. CirjTEK. 
 
 toi't for personal injuries, and in suits against 
 insurance companies. He was senior counsel 
 foi- and successfully defendeil the section 
 mastei' of the Old Colony Pailroad who was 
 chai'ged with the irjimediate responsihility for 
 ^\hat was known as the (^uincy disaster of 
 August 9, PS9(). He and .1. W. McAnarncy 
 defended Anna M. ^^akepeace, who was in- 
 dicted for shooting and killing her hushand 
 at .\\'on in Septemhei', PS91 : after two trials 
 the accused was dis(diarge(l. He was senioi' 
 c()unsel for th(.' city (if (^uincy in the contro- 
 vers\- hetween that city and Pai'tmouth ( 'ollege 
 to ileternnne w hether $;)(IO,(IOO involved in the 
 suit shouhl he held hy the city or forfeited to 
 the college, under the [i|-ovisions of the will of 
 ])r. I^henezer Woodward. This case was de- 
 cideil in fa\'or of <,)uincy hy the Sujireme .ludi- 
 
BIOGRA PHICAL.—MA SSA CHUSE TTS. 
 
 197 
 
 cial Court of ^[assacliusctts in 1S9:^. Sec' KiO 
 AFas.-i. Reports, 4:11, Mr. Cotter and Asa \\ 
 French, of ISoston, were assigned hy the ('ir- 
 euit Court of the Tnited States as eounsel for 
 Thomas M. ISi-aui, who was indieted for the 
 murder of the captain, the ca])tain's wife, and 
 the second mate on hoard the l)arkentine Jler- 
 l.)ert Fuller, which \\'as on the high seas, in 
 ISSfi. The first trial of this ease occU])ied the 
 attention of the court and jury for tliree weeks. 
 After a deliberation of twenty-se\-en liours. the 
 jury returned a verdict of guilty. Hearings 
 on motions for a new trial folIo\\-ed. On the 
 9th day of INIarch, 1S97, the cnurt sentenced 
 Bram to l)e executed on tln' Isth day of -lune, 
 hut l)efore that day, counsel had the case 
 removed to the Su})reme Court of the Cuited 
 States on a wy'iX of error, and assigned sixt)'- 
 seven distinct grounds of ei-ror. The ease was 
 argued in Sui)reme ('ourt, ^\'ashington, in 
 Octoher. 1S97, and in the folli")wing l)ecenif)er 
 tliat court, in an elahorate O])iuion, sustained 
 the position of counsel for the accused and 
 re\'ersed the judgment of the ('iriaiit Court, 
 and ordered a new trial. The ease is reported 
 in 168 United States Supreme Court Reports. 
 In March, 1.S9S, liranr Mas again brought 
 before the United States Circuit Coui't at lins- 
 toii for trial, and after a trial lasting tini'ty- 
 two (lavs the jury I'Cturned a \-erdict of "guilty 
 Avithout ca]iital punishment." The accused 
 AA'as sentenced to impj'isonment for life in 
 State's Prison, ^Massachusetts. It has been 
 strongU' intimated that counsel foi- ISrani will 
 test the validity of this verdict ami sentence. 
 This ease attracted wide attention, and maten'- 
 ally added to ^Ir. Cottei''s reputation as a law- 
 yer and advocate of unusual ability. 
 
 Mis practice has becji genei'al in scope ami 
 character, and has placed him in the h-ont 
 ]-ank of the leading members of the lioston 
 bar. lie is especially strong IxT'oi-e a jury and 
 in the examination of witnesses, a man of the 
 highest integrity, and a counselor whose wis- 
 dom and good judgment are among his cliiet 
 characteristics. 
 
 In jiolitics Mr. Cotter has ah\-ays jieen a 
 
 I.'emocrat of the Thom:is .Jefferson school 
 wiirking faithfully foi' the best intei'csts of his 
 party and adopted counti-y. In 1S9(> he VQ- 
 fused to sup[)ort the Chicago i)latform of that 
 party, and since that time has been acting 
 with the "Cold " or " National " wing of that 
 party. Jn Hyde Park he has taken an active 
 pai't in public affairs and tilled se\-(.'i-al ]iosi- 
 tions of I'csponsibi lity. He was (daiirman of 
 the Kegisti'ars of \'otei's foi- two years, memln'i' 
 of the School ( 'ommittee in ISSI), 1 ,S,S7, and 
 ISSS, and its chairman dui'iiig the latter year. 
 With one exct'ption (ISSS) he has ser\'e(l con- 
 timiously as town counstd since IST'S, and for 
 se\'eral years has ])een \'ice-pi'esideut of the 
 Hyde hark Historical Society. He was the 
 candidate of bis party for pi'esidential (.'leetoi' 
 on the Cleveland ticket, 1 .S,S4. In l.SJIT he 
 was the candidate for lieutenant-gON'crnor of 
 Massachusetts on tlie"(Told" or "National" 
 Democratic ticket, and ran thousands ahead of 
 any other candidate on the ticket. He has 
 declined nondiiations and political honors, but 
 wdienever he has conseided to represent his 
 pai'ty on local or State tickets, be in\'ai'iably 
 made sti'<iug iui'oads (in the usual lvepul>li(.-an 
 majority. As a (.-itizen be is public-sjiirited, 
 ])rogressi\'e, patriotic, and loyal to the best 
 interests of bis State and country, and liberally 
 encoui'ages e\'ery movement which has the 
 welfare and a(l\'auc(.>ment of the community at 
 heart. In Mai'cb, lS9l!, be was unanimously 
 elected jiresidcnt of the ( 'haritable Ii'ish Society 
 of Massachusetts, one of the oldest ci\"ic oi'gan- 
 ization in continuous existence in N(,'w i'aig- 
 land. He is a membei' of the Amei'ican liar 
 Association, and the Suffolk and Norfolk 
 County I>ai' Associations, and the president 
 of the lattc)- during the last two years. 
 
 Ml', ('ottei- was mari'ieil ( )ctobei- "-!9, 1 S74, to 
 Mary A., daugbtei' of Alexaudei' Walsh, of 
 ISi'idgewatei-, Mass., and their cbildi-cn wdio are 
 living ai'c I'^sthei- M., Alice Iv, Mai-y Alma, 
 Anna, and Sai'ah V. Another (4uld died in 
 in fa new 
 
198 
 
 THE JUDICIARY AND THE BAR OF NEW ENGIAND. 
 
 CMAIM.KS CLAREXCH HAKTOX, Bos- 
 ton, a (lesfciiilaiit of some of the oldest 
 and most [iromiiient families in New Ennlanil, 
 is the son of Hon. I'liny L. anil Mary ^Vini 
 (Loekwood) ISarton, and was horn in iSalisljury, 
 Conn., Septemljer 4, 1<S44. J lis fathei', \\iio 
 (lied in 1897 at the age of eighty-nine, tilleil 
 nearly all the impoi'tant town ofHees and 
 ser\-ed three terms in the lower h(juse of the 
 Comurtieut Legislature and one term in tlie 
 .State Senate. In early life he was a seythe 
 mainifactui-er, lait later he retireil and de\-oted 
 himself to farming, in whieh oeeupatiou the 
 suhjeet of this article spent his boyhood and 
 youth. 
 
 Mr. Harton i'eeei\-ed his |irelimiiiai-y educa- 
 tion in the puhlic and pri\'ate schools of Salis- 
 hury, wlieix' he was engaged in teaching dur- 
 ing the year 1 .S(i4-()0 as a means of obtaining 
 funds to defra>- a part of his collegiate couise. 
 Pie also attendeil Amenia Seminary ;it Anienia, 
 X. Y., and in Isi;.") entered Trinity (Vdlege in 
 Ilartfoi'd, Conn., from which he was graduated 
 third in his class i}i lS(iH, having a philosoph- 
 ical iiration at coiiirntaieement. and hohling 
 inemljership in the Phi ISeta Kappa. During 
 his junior year he taught school in .Milford, 
 Del., and at the same time kept up his junioi- 
 college work. Firim I8t)9 to IsTl he contin- 
 ued teaching, ha\ing charge i>f a school in 
 Watei'town, Conn., for two years, and being 
 mastei- of the high school at (ireat Harrington, 
 ^la.ss., for one year. In I.STjI he entei-ed the 
 law office of Ira 'W 1 >rew, of 15oston, and in the 
 followijig autunui Ijecame a member of the 
 first class of the Boston Uni\-ei-sity Law School, 
 ti'om which he was graduateil with the degre(.' 
 of LL.J>. in IST-'!. Jle was admitted to the 
 ^liddlesex bar at Cambridge in April, is?;;, 
 liefore graduation, and at once began acti\e 
 ])ractice in Hoston, where he has been associated 
 forrnany yeais with Aithur D. McClellan, who 
 was for a time his partnt'i". 
 
 As a lawyer .Mr. Harton has devoteij him- 
 self vcay largely to i-eal estate and <-orpoi-ation 
 mattei's. achiex'ing in these branches a high 
 standing and an en\-iable ivputation. JIc is a 
 
 man of bi-oad and aceui'ate learning, of ivc- 
 ognized ability, and of indomitable industi'y 
 and gi'cat force of eharactei-, and in the iiractice 
 of the law has been eminently successful. lie 
 resiileil in Hoston from iST.'i to 1875 and in 
 Newton Centre from l87o to 189:!, and in the 
 lattei' place was a member of the ( 'ommon 
 ('ouncil in 1878 and 1 879, ser\'ing as })re.sident 
 f)f that bodv in the latter win-. From 188;! to 
 
 CHARLES C. I;..\RTMX. 
 
 1889 he was a membei' (if the Newton School 
 Hoard, of which he \\'as chairman during the 
 last two years of that ])eriod. In 189;! he re- 
 turned to Hoston, and in the sjiiing of 1898 he 
 i-eiii()\-ed his residence to I*'raniingham, Mass. 
 lie is a mend)er of the ISoston Chamber of 
 Commerce, of the ('niversity Club of ])0,ston, 
 and (if the ISoston Art Club. His public spirit 
 and jiati-idiism ha\-e been displayed in all his 
 duties and rdations, both as a lawyer and cit- 
 izen, and bis deep interest in the advancement 
 of the comnumity is unfailing. 
 
 Mr. ISarton was married August 24. 1870, 
 to l-]nnna ( 'onant Drew, daughtei" of Dr. IClijah 
 C. and Lydia II. (Conant) Drew of Hoston. 
 She died November 24, 188(), leax'ing fivechil- 
 dicn: ('harles ( 'larence, jr.. ( 'liesley Drew, 
 l\athai-ine Louise. I'bilip Lock\\-oo(l, and Eliza- 
 
BIOGKAPH[CAL~~MASSACHUSErTS. 
 
 199 
 
 ln'tli ('(iiuiut Inil'ton. The eldest, ('li:irles ( '. 
 l>artoii, Jr., was iiraduateil from the liostoii 
 I'liiversity Law Seliool wifli the decree of \A,.\\. 
 and aihiiitted t(i the Suffolk hai' in ISKO, niid 
 i.s now a.ssoeiated with his fafhei' in praetiee. 
 Mr. liarton mai'ried, sei'oiid, Apiil -1, 1S9;!, 
 Katharine Jlaynes Drew, half-sister of his lirsl 
 wife l>y her fathei-'s niarriaue to Ilainiah II. 
 llaynes. She died \o\-eiid)er 24, IS97. 
 
 Mr. liarton married, third, Septemher ll:!, 
 lS9!r», Franees I-:. Kendall, dau.u'htei' of William 
 K. and Elizaheth A. Max\\ell. 
 
 Leicestei- and .Monsim Aeadiaiiies, and thus 
 reeei\dn^ a ^diid (dassieal eduealidii which 
 lilted him foi' entranc(! at eolIe,ij,e. (.:ir(anii- 
 staiiees, h(]\\e\'ei', eomp(dleil him to i-elin(|uish 
 a ehei-ished eolleoiute I i-ainiiit;- and devote his 
 enei'iiies to seein-iiiL;' a li\'el iho(j<l. He spent 
 .some time in leachini;' at IJolton, lierlin, and 
 Noi'lhhoi'o, and linally heenme a student at 
 law in the olliee of .ludue lleniy ('hapin of 
 A\'oi'eestei-, undei' wdiom he ;ie(|uired a thor- 
 
 CIIAKLKS (JIL.MAX KKYKS. I!nsl<,n, is 
 the seeond son and third (dnld of Ziha 
 and Kois (l;>ruee) Keyes, ami was horn in liei- 
 lin, Mass., Oetoher 19, ls;;i. He is a lineal 
 descendant in the se\'enth licneratirm of Roh- 
 ert Keyt's, who settled in W'atei'iiiwii, Mass.. 
 aliout 1 (").■).■;, the line I iein,L;- as follows : ('!] I'^lias 
 Keyes, wdio maiTieil Sarah lilanford. or ISl.aiich- 
 ai'd, and li\'ed in Sudbui'V : (.'!) I)eaC(ni .loliii 
 Keyes, of Lancaster ami later of Shrewshury, 
 ^Fass., wdiere he was the first town (dei'k, served 
 as selectman and assessor, and was a founder 
 and the tirst ileacon of the Xoith chui'ch: (4) 
 John Keves, ji'., born in 1712, who mai-rieil 
 Alii^ail, dau^htei' of I)eacon .lolni Li\'ermore, 
 a prominent citizen of Xoi'thhoro, Mass.; (o) ou^li knowde(li;c of k\nal principles. He was 
 'Jdiomas Keyes, of Xorthhoro, hin-n -Inly .S, yi'aduated tVom Harvard LawS(diool with the 
 17")"), wdio ser\'ed thi'e(j years in the Ke\'olu- den'i'ei.' of LL. I >. in 1 S.")<S and was admitted to 
 tionary war, was acti\'e in town atl'aii's, jxis- the Suffolk har in .June of the same yeai'. He 
 sessed considei'alile litei'ary talent, and dieil practiced in Va\A I)oii_t;las and lilackslone, 
 Xo\-endiei' -!, l.s4o: and ((i) Ziha l\e\'es, a me- A\V)i'cestei- couiily, until I'\d)i'uai'y, ISfKi, when 
 (dianic of i^reat inveidi\'<' genius and talent, he moved his ollice to r)ost<in and his I'esideiice 
 wdio was horn Heccmhei' 9, 179(1, and maia-ieii to t hat dist net in Iheciiv known as .lamaica 
 
 CHARLES C. KKYK.S. 
 
 Lois, d.auuhtci' of Haniel and Alai'y Itriice, in 
 1.S2.S. 
 
 I'"i'om lhes(.' ancestors (liai'les (1. Keyes iu- 
 heriteil intelle<a u;il powers and pi'oL;i-essi \-e 
 
 I'lain. 
 
 .Mr. Keyes has heen en'_i'ai;'ed in 1 he neiiei'al 
 ]ii-aclice of his pi'ofession from the lii'sf. a-i\-inL;' 
 special atlentioii to <-oii\'e\-ancinL;\ titles, real 
 
 (■)ualities that ha\'e distinguished the lamily estate law, pi'oliale work, etc Dui'iiiL;- I'ccent 
 
 foi' two hnndreil ami fifty years. Asa \-oufli yeai's his hirsincss has hcen larii'cly in ihese 
 
 he made the most of his limited opportuini ies, hi'anches. Ilehasti'ied luany impoi'iant eases 
 
 attendin;^' the pulil ic schools and academy of in the courts, a(.'liie\'ini;' a hiiih i-epula(ion as 
 
 his natix'c town ami also the X'ew Ipswiidi, an ail\-ocate, and display in^ st I'oni; powei's tor 
 
200 
 
 THE JUDICIARY AND THE BAR OF XEW EN G I AND. 
 
 ar.miiiicnt and (iratorv. In lSS(i Covermir 
 Rciliiiisoii aiUH.iinti'il him an associate justice nt 
 tlie Municipal Court for the West Uoxlau-y 
 <listrict, lioston, wliicli [)Osition lie tilled \\'it]i 
 si,n'nal ability for alxiut five years, when lie re- 
 signed, in ISSM he I'epresented the district 
 ineludin,u Jamaica I'lain, ]>oston, in the lower 
 house of the Massachusetts Le.uislnture. lie 
 is i>asl master of Kliot I.od.^'e, V. <k A. M., and 
 a mend)er of the Home Circle ami of the 
 Kni.L^iits of Honor, and as a citiy.en is puldit' 
 s|iiriteil, i)ro,L;i'essi\e, and patrioti<-. I tn the 
 hench as well as in the [iracticc i">f Ins profes- 
 sion he has displayed marked ahijily and ex- 
 cellent jud.uinent, ami for mau\' ycai's he has 
 occaipit'd a })rominent place at tlie ISoston har. 
 Mr. Iveves was mairied Xo\euihci' (I, ISIKI, 
 to .luliet A. Whipple, dau,^htcr of Dexter 
 Whipple, of Kast Dou.^las, Mass. Of tlieir 
 four children two, Cai'rie Edith and Mary 
 Juliet, are ileceased: the others ai'c Charles 
 I)exter, horn June 7, 1X114, a mcml)er of the 
 liOston har pi'acticiun with his fatlier, and 
 Jk'ury l'\, a student at Ilar\-ard ( 'oll(\t;-e, class 
 of ItlOl. 
 
 CII.VKLKS .lOllN MclNJ'IKK, Camhiid-c 
 anil IJoston, lirst judn'e of the I'rohafe 
 (.'ourt and of tlie ( 'oui't i">f Iusol\-cncy for ,Mid- 
 dk'scx county, is tlie sou of l^hene/.er and 
 Amelia Aui^ustinc (Laudais) Mtdntire, and 
 was horn in ( 'amla-id^e, Mass., March :2(j, 1 S4l^. 
 On his mother's side he is descended in the 
 se\'enth i;eueratiou from .lohn 'halcot, one of 
 the '■ liraintree ('ompau\'" of I'uritan settlers 
 ami foumlers of the "Newe Towuc," under the 
 JJcv. Thomas Hooker, in 1(].")"_*. -lohn Talcot, 
 with liis srtu .lohn, accompanied Hookc'r in 
 1(1:17 to llartforil, ('onn., and the junioi' John 
 hecame a deputy there and also commamler- 
 in-chi(.'f of the forces of that colony in the 
 Pequot wai'. Uuth 'raleot, the daughtei' of 
 tlie latter, married the Hon. John Read, a law- 
 yer of great distinction, \\\\o was the attorni.'y- 
 yeneral of the I'lDNince of Massachusetts ISay 
 from 172-'') to 17-!7 and a councillor in 1741 
 
 ;ind 174::!. Kead's dau,nht<'r, Mary, luarried 
 Ca[jt. Charh's Morris, of Boston, who, in 1 74o. 
 went in connuand of a company, under Col. 
 William I'epperell, t(j the siege of Louisljui'g, 
 and who also distinguished himself under Col. 
 Arthur Xohle at the liattle of Minas. He re- 
 mained in Nova Scotia, attained eminence as 
 a mendier of the (!o\ernor's ('ouncil during 
 twentv-six \-eai-s, and was made chief justice 
 
 CHARLES r .MC INIIRE. 
 
 of the Supreme ( 'ouiJ in 1 77ii. Sarah Morris, 
 his daughter, marrieil 1 )i-. Alexandei' Al)er- 
 ci'omhie I'eters. a surgeon in the I'lnted States 
 army, and their daughtei', Mary l-di/.aheth 
 I'eters, tlie grandmother of .ludge ^hdntire, 
 mai'ried Louis Laudais, a Cnited Stati's lieu- 
 tenant of ailillerv and engineers. .ludge Me- 
 liitiri''s mother. AiiuJia Augustine Landais, 
 was horn in Lort .Moulti'ie, ( 'harleston llarlior, 
 S. ('.. while her father had a (;ommand there, 
 and slu' li\-e(l until iSiHI, when sIk' died at the 
 ri'sidence of liei' son, in ('amhridge, Mass.. at 
 the age of ninety-three ycai's. ( )n the paternal 
 side, -ludge Melntire i.s descended from I'hilip 
 Mackintire, who came o\-ei'al)out l(!4o, a youth, 
 from Scotland, proliahly as one of ('roniwell's 
 prisdiiei's of war, taken at the hattleof Dun- 
 har 01' of Worcestei'. He settled at Keadiim. 
 
BIO GRA PHICA L . — MA SSA CH ( 'SE TTS. 
 
 201 
 
 Mass., ln't-une a frcclinldci' in (liat town ln'fni'c 
 l(i()(), and (lied (Iktc in 17U). His son, Daniel 
 jNfaekintire, wx-nt to Salem, and there lieeanie 
 a jironnnent eitizen, Oaiiiel's son, I'^lienezer, 
 moved from Salem to ()\t'oi-d in 1 7.">.'!, and in 
 I7"i.") was one of the founders and one of the 
 first l)oard of Sek'etmen of the town of (1iarl- 
 ton, in \\'orca'ster eounty, Mass., and he pre- 
 sented that town with its puldie eommon and 
 hurial ground. I lis son, l^zra, during;' the war 
 of the Revolution, was a nnnutemau and a 
 meniher of the (_'onuinttee of ( 'orresjHjndenei', 
 Ins[)t'tdi()n and Safety of tlu' town, ami, after 
 independenee, in IT.SS, was eleeted a memlier 
 of the ( 'onstitutional ('om'ention t(j ratifv the 
 Constitution of the United States. l']henez(.'r 
 Melntire, the father of Judj^e MeJntire, was a 
 grandson of Ezra, and horn on the paternal 
 farm in Charlton. remoN'iiiL;- to ('amhiidi^e in 
 l.s:!(), wliere he died in ISTl. The Hastings, 
 the Sparhawks, the Means, and the Kidders, all 
 eai'lv settlers of ( amhridge, are among the an- 
 cestoi's of the .judge through his gi'andmother, 
 Elizaheth {Ilolmau) Melidire. 
 
 Judge Charles Midntire, in lS(;-2, left his 
 studies in ( 'aiid)i'idge and, with se\'ei'al of his 
 elassmates, enlisted as a ]iii\'atein (iim[)auy C, 
 Fortv-fourth Uegiinent, Mass. \'oluuieers. He 
 took jiart in all the engagements of his regi- 
 meid, ineludi]ig tin.' famous dettaise of the he- 
 sieged town of Washington, X. C., and at the 
 expii'ation of his term of sei'N'iee, returned to 
 his hwx studies, \\diiel) were jmrsueil at the 
 Harvard Law Sehool and in (lie ofliee of May- 
 01- Dana, of (.'hai'lesto\\-n. He was a<lmitted 
 tfi the bar of the Sujireme Judii.'ial ('oui't in 
 lS(io, wdien twenty-two years of age, and at 
 onee entered upon the aeti\'e ])raeticc of his 
 jirofession in Jiostoii, whei'e he was soon reeog- 
 idzed as a sueeessful advoeati.' and safe adx'isei'. 
 Jn ISTl he was appointed assistant distriet at- 
 tornev for Middlese.x, wdjieh position he held 
 three years, and in Maixdi, l.s.SO, wdien .fudgx' 
 John W . Hanniiond was ele\'ated to the hench 
 of the Su[)eiior ( Viurt, Mr. Mcdntii'e was (Jiosen 
 to sueceed him as eity solieitoi' of ('andaidge. 
 His woi'k aseit\' solieitoi' met with so mueh fa\'or 
 
 that he was ainiually I'c-eleeted, always hy the 
 unanimous \-otes of both hranebes of the ('ity 
 ( 'ouneil, until ( iO\'ern(jr Ivussell a,ppoiiited him, 
 on Oetoher 2(1, ist).'!, to bis ])resent })Osition on 
 the heneh of the Court of I'robate anil Insolv- 
 ency foi- Middlesex (Vanity, to lill the \'aeaney 
 caused h>' the death of Judge < ieorge M. IJrooks. 
 He was created "First Judge" on September 
 1, 1S94, by legislative enactment, and, as 
 judge of probate and insolvency, be has given 
 uni\-ersal satisfaction. His a])]M:)iiitment was 
 almost unanimously urged by the bai' of Mid- 
 <llesex and l.iy the leaders of the SuH'olk bar, 
 and the eiiiiiK'iit ability and good judgment 
 wdiicli he has disiilayed have more than dem- 
 onstrated the wisdom of the choice. I'l-evi- 
 oush', in l.SD.'j, he bad been a})pointeil by (Gov- 
 ernor Russell a member of the State Commis- 
 sion which revised and codified the election 
 laws of the Commonwealth, and another .judi- 
 cial position was also offered liim by (lOxernor 
 Russell during his term, w bieb be <leclined. 
 
 Judge Mclntire was long prominent in the 
 munici})al affairs of bis native city, sitting as 
 a member of the ('ommon (Jouncil in lH()(i and 
 iStiT, on the Boai'd of Aldermen in lcS77, and 
 of the School Committee from l,S(;sto 1S7(). 
 In FSS:! he was nominated for mayor of Cam- 
 bridge, by tlu' "Temple Hall" or " Ray-as-you- 
 go " party, with the late William Iv Russell 
 fafterwards go\H'rnor of Massachusetts) as one 
 of the candidates for ablerman upon bis ticket. 
 He was not successful, but the majority of the 
 opjMisiiig pai'ty was so greatly cut down tliat 
 the ^\'uy was pre))ared tor the triumjihant elec- 
 {\o\\ of Mr. Russell as mayor, upon the same 
 ticket, the following year. It was iluring the 
 bitter's term as mayor that Mr. IMelntire was 
 lirst elected and sei'ved as city solicitor, and 
 recei\'ed a number of a|)pointments, showing 
 contidence in bis ability and integrity. lie 
 was a member of the special committet' to 
 frame a new munici[ial cbaiter for Cambridge 
 ami siiliseqiieiitly to revise the city ordinances 
 to conform thereto. 
 
 In l.SIJ!) and 1X70 he was elected to the 
 Massachusetts House of Re}iresentati\"es, where 
 
202 
 
 THE JUniCIARY AND THE BAR OF NEW ENGLAND. 
 
 he served as elminiian of the coiiiinittee on in- 
 surance anil as secretary of the judiciai'v com- 
 mittee. He was one of the founders and vice- 
 president of the ('ol<inial ('hd>, is now (IStl.S) 
 the president of the ( 'aml)rid,L!,e (duh, lieuten- 
 ant-no\'ernor of tlie ^Fassacliusctts Society of 
 the Colonial Wars, and a memher of the Sons 
 of the Revolution and of the I'orty-fourtli 
 ^[assachusetls Jiegiment Association, wliieli 
 he si'rved as president in ISS.'!. Jle is also a 
 nieiiilier of I'ost ■')7, (ii'and ^Vrni)' of tlie i!e- 
 pul)lic. 
 
 •ludtic M(dntire was en,n'a,<ic(l in many cases 
 of importance durinjj,' his practice at tlic liar, 
 and was quite successful. Anion<;' the numci-- 
 ous cases witli which he was coiniectcd were 
 the notal)le suits of the inhahitants of Ward 
 Three, ( 'amhridn'c, aL;ainst the la underin festal )- 
 lishments upon Miller's Kiver, \\dnch he [)rosc- 
 cuted, against lar^e odils, to a successful termi- 
 nation. ^^'ll^le city solicitor he stained much 
 honor and a hij^li reputation h)' his xdctory 
 o\"er the city of ISoston and tlie ISoston and 
 Alljany Railroad, wdiich, ai'tin,^- in concert, 
 ha<l succeeded in procurinu' from the railroad 
 commission an order ol>li,!j,ing the city of ('am- 
 l)ridn'e to c<"instruct and maintain an o\'(.'i'lu'nd 
 iron l.)ridge upon P'ront street, o\H'1- the tracks 
 of the railroad, the construction of which \\-ould 
 render the cit)' liahle to enoi-mous land dam- 
 ages Ix'sides making that approach most un- 
 sightly to the \'ie\w L'}ion taking the (pics- 
 tion to the Supreme (_'ourt that tiihunal set 
 aside tin' action of the railroad commissioner.s, 
 uneipii\-ocaIly endorsing the position taken in 
 ojiposition, tliat the hoard had no legal riglit 
 to make such an order, and consc(juently Har- 
 vard hridgf.' and Front street wta-c sax'cd as a 
 beautiful avenue across the ri\-cr. The ahso- 
 lute grant of 1^'resh Pond to the city of Cam- 
 bridge by the ( 'onnnonwealtli was likewise 
 secured !)>' the ctforts of .Mr. .Mclntire, and the 
 questions of ice pri\ileges on that pond and 
 land damages there and u])on Ston>' Bi'onk, 
 \\'erc satisfactoril)' scttlcil dui'ing his cit\' so- 
 licit(U'sbip. .ludge .Mclnl ii'c has HnxmI int'am- 
 l_>ridgc fi'om Ids birth, his pi'csent residence be- 
 
 ing on the corner of ('hauiicy sti'eet and Mass- 
 acduisetts avenue. He has always taken an 
 active intere.st in local affairs and in matters 
 of State and natioiud importance, and as law- 
 ver, jurist, and citizen, is universally respected 
 anil esti'cmed. He has for many years lieid a 
 leading jilace at the ^Nfiddk'scx and Suffolk 
 bars, and on the liencli has ilis[ilaycil those 
 same high qualifications wdiich idiaracterized 
 his career as an aih'ocatt". 
 
 •ludge l\[clntiie was married in l.SII") to 
 ^laiy ddieresa. tlie daughter of Cieorge 15. 
 Fenigan, esq., of Cbarlestown, Mass., and their 
 children are Mary Amelia, Henrietta Elizabeth, 
 Charles Ebenezer, P^rederick ^[ay, and JUanche 
 Eutrenie. 
 
 TOHX LOWELE, EE.D., judge of the 
 C_J Enited States 1 )istrit't and Ciivuit Ciiurts, 
 belonged to one of the most eminent and dis- 
 tinguished fandlies in New England. His 
 gifat-granilfathei', .John Eowcdl, EE.D., \\-as a 
 son of Re\'. .fohn Eowi.dl, and was born in 
 Newbury, Mass.. .June 17, 174:1, was gi'aduated 
 from Harvard Eni\'ersity in ]7()<), and was 
 admitted to the bar in 17(i2. Jdiis .lolni 
 Eowell pi-acticed law in NewJiurvport until 
 1777, and afterward in ISoston, and as a niem- 
 lier of the Krst Massachusetts Constitutional 
 (.'on\-ention of 17S() proian-ed the insertion of 
 the tirst article of the Hill of Rights, for the 
 l)ur[)Ose, as he declai-ed, ■■uf ]ire\-enting slaN'erv 
 from being thereafter possible in the State." 
 He was a member of congress in 17S.3, and 
 from that year to 17S9 was judge nf the Court 
 of Appeals. On Septeuiber -ili, 17^1), President 
 ^\'ashiugton ai)pointed him judge of tin- Enited 
 States District Court for ^fassachusetts, wdiich 
 otlice he held until Isdl. wdien he was made, 
 by President Adams, chief justice of the newlv 
 established Enited States Circuit Court for the 
 circuit embracing Maine, New Hanqishire, 
 Massachusetts and Rhode Island. The act 
 ci-eating this court was ri'pealed in ESOl!, and 
 Judge Lowell died at Roxbury on ^Elv (>. of 
 that year. lie received the degree of EE.D. 
 
BIOGRA PFHCAL.—MA SSA CHUSE TTS. 
 
 203 
 
 from llar\-;ii'il in 17;»l!. His sun, alsn .Inliii, 
 was Inirn in Xcwlmry, ( JetolnT (I, I 7<l!», .i;:'a<l- 
 uati'd tVoni Jlarvanl in ITSd, and adniittcd (n 
 tlie liar July 21, ITS!). Aftrr ii'turninu- lioin 
 luirnpc in ISO,", hr dovotcd liiinsclf to lifcrai'v 
 pui-suits and was nnc iiF tlic foundia-s of (lie 
 r>oston Atlicncnni, the Massachusetts (^aH'ral 
 Hospital, (ho I'rovidont Institution for Sa\in,L;s 
 of I'xiston, ;ind tho Massacliiisotts Hospital Life 
 Insurance ('oiiipanw He was uuuU' a LL.l). 
 by Harvard in ISUandilicil March Vl. ISdO. 
 l''rancis ( ahot Lowell, another son of .lud^c 
 Lowell, was horn in ITTo. and had the honor 
 of i:i\-in^ his name to the (mI\' of Low(dl, Mass. 
 ('hark's Lowell, a thii'd son of thejiid^e, hoiai 
 in ITS:.!, was loii^ the distini^uished pastor of 
 the West (diureh in Ins nati\'e citw In the 
 third .^laieration from .Indue -lohu Lowidl are 
 • lohn Lowell, the philant hi-o]iist, hoi'n in 1 T!Mt, 
 who lie.|ueathed Sliot I, ()()() to tound the Lowell 
 Jnstitute; James Russell Lowel I, the poet, states- 
 man and scholar: and John Amor\- Lowell, a 
 ]iroiinnent ]>osion mei'chaiit and treasui'cr and 
 director of se\-eral mills in Lowell, and the 
 father of the suhject of this miaiioir. In the 
 foui'th generation tln.'re are, hi'sides the suliject 
 of this article, the hi'othei's ( 'harles Russell and 
 James Jack-on Lowell, urandsiars nf Re\'. 
 ('hai'les. wdio wci'i.' killed in the ('i\'il wai', the 
 foi'iner. as hrigadier-i^iaiei'al. at the Rattle of 
 ( 'edar < Veek. and the latlei'. as lirst lieutenant, 
 at the Rattle (jf ( deiidale. 
 
 Jud^e John Lowell was hoi'ii in ISoston, 
 Mass.. ( »etohei- IS. \-7<-l\, and was the sou of 
 John Amoi'V Lowell and Susan ( 'ahot Lowidl, 
 his wife, the lattci- heilii; a dauuhtel' of I'daiieis 
 ('ahot Lowell, ]ii'e\ioiislv mentioned. He was 
 pi'i'pared for eolle^'c in th(.' nijted pri\'ate school 
 of l)aniel (Ireenleaf Inui'aham, and (aitcianu' 
 ]Iar\'ard I'nix'crsity was ni'aduated thci'el'i'om 
 with hi.u'h lainors in 1 S4:;. Aiiioiit;' his class- 
 mates who afterward achie\-ed distinction weic 
 the late ('harli'S Andersr)u l)aua, of tln' New 
 ^'ol-k Sun: Rev. Thomas Hill, pi-csidiait of 
 Ilai'N'ai'd: ('harles ( '. I'fM'kins, artist; and 
 Jud^e John William liacon, Rev. ()cta\iiis 
 I^rooks l''i-othiii,tj,liam, William Adams Rich- 
 
 ardson, and otla-rs. ( )n lea \ ini;' col |ei;c he eii- 
 lered Hai-\'ai'd Law School, whei'c he took his 
 device of LL.ll. in LS4o, and then continued 
 his le^al studies in the oltice of Cliai'lcs ( i., V. 
 < '• iiiid ( '. W. Ijoi'lni;' uidil his admission to the 
 Sullolk har in Ocloher, Isjt;. Imiiiediatel v 
 attei'Wai'd hi' lienan the practici.' of his pi'ofes- 
 sion ill Roston, \\ hei'c he rapidly uailied a hii;li 
 reputation as an ahle and leai'iied lawwci'. 
 
 JOHN LOWELL. 
 
 l'"or a numhei- of yeai's he was associated w'ith 
 A\'illiaiii Sohier. On ^larch 11, Rstio, Rresi- 
 dent Linci.iln ajijiointed him ,judjj,i.' of the 
 I'nited States ])istrict ( 'ouiJ for .Massachusetts, 
 \dcc Rcle^' Spra.^ue, resiuiied, and on the Itith 
 of 1 )ee(anl(er, ISTS, Ri'esident Hayes made him 
 judnc of the I'nited States Circuit ( 'ourl for 
 till' l<"ii-st cinaiit to till the vacane\' caused hy 
 the death of Juilj^e ( e.'orge Fostei' Sheplev, of 
 Rorlland, Me. .May 1, ISS4, after nineteiai 
 yeai's on the licncli, .|iiilL;e ijowell resii;iieil 
 and resumed the pi-actice ot his pi'ofession in 
 Roston, takini.;' his son, John, Ji'., as a partner. 
 lie conlinued in this capacity until his death 
 .May 1 I, IS!)T. 
 
 Jiidne Lowell was not only a lawyer of ^reat 
 aliilit\' and learning, hut he was also an emi- 
 nenl Jiiiast, and csjiccially disl inguished in the 
 
204 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 (U'|iart:neiit of law relatinu to liankru]it(/y, in 
 wliicli In.' was a widely rucoj^iiized autliorilv. 
 Houe.st and industrious, possessed of an acmi- 
 rate and logical mind, and endowed \\\{\\ un- 
 eonnnon good judgment and keen discrinnna- 
 tion, he aehieved a leading plaee at the liar 
 and in judieial circdes. He was an ahle coun- 
 selor and judge, inipai'tial and upright in all 
 his acts and universally I'esjiected and estt'cmed. 
 After his I'cturn to the har he was efinslantly 
 in demand as referee or special master, and 
 was st'iiior counsel in cases iuN'ohdng I'nited 
 Stales law. As auditor, trustee, or referee of 
 the adjudication and management of (pu'stions 
 and trusts wdiicli invoh'cd large and important 
 interests he won man\' honoi's and unicci'sal 
 confidence. lie was an authorit>- on the law 
 of hankruptcy, in which he had nnich experi- 
 ence. ^Vs a jurist he was dignitie(l and cour- 
 teous. '^J'wo vohnnes of his decisions from 
 ISfJo to 1S77 lia\'e hcen puhlished, and heal' 
 eviileni'c of great literary ahility as ^^■ell as a 
 profound knoN\dedge of the law. As a tatizeii 
 he was [luhlic s[)irited, enterpi'ising and [latri- 
 otic, and took a deep interest in the welfai'e of 
 hiscity and country. His learning and scliol- 
 iU'ship were justly I'ccognizeil hy fioth Williams 
 College and HarN'ard rni\'ersit>' when the)' 
 each (.■onferred upon him the honorary (k'gre(.' 
 of LL.I). in isyt) and ISTI respectively. 
 
 •Judge Lowell \\'as married May Is, is.!;!, to 
 Lucy B., daughter of (ieorge W. iMnersou, 
 LL.]>., and ()li\-ia liuckminster : they had 
 seven (diildren, of whom fiur are li\'ing. \'i/,. : 
 John, jr., whose sketch appears inlhiswoi-k: 
 IjUCV, Susan (.AFi'S. William II. Aspinwall), and 
 James Arnold, who was gi'aduated from Har- 
 \ard in ISS)!. 
 
 TOIIX LOWLLL, P.oston, is the (ddest son 
 U of the late .ludge .John Lowell, LL.L., 
 and Lucy B. Emei'son, his «ife, and was horn 
 in Boston, ,Mass., May i^.'l, Is.K;. He is de- 
 scendcil from a note(l ami ilistinguishe(l ances- 
 tr\', as detaik'il in a memoir of his fither in 
 
 this work, and has inherited those legal (pial- 
 ifications and high moral jii'inciples whi(di 
 ha\'e so long made the family Jiame cons])ic- 
 uousin New England history. He received a 
 thorough preparatory e<lucation in the pri\'ate 
 school of William X. Iviyrs and then entere<l 
 Har\-ard rni\-ersity, from whi(di he was grad- 
 uated in 1S77, l.teing a classmate of the late 
 Gov. William E. Ku.^sell. After lea\ing col- 
 lege he completed a two years' course at the 
 
 |01I-\ I.eWKLL. 
 
 Har\'ard Law Sehool and continued his legal 
 studies in the office ot Lolhrop, liisho]) A Lin- 
 coln, the senior jiartner lieing that eminent 
 lawv(.M\ Thornton K. Lothro]) and the second 
 memlierof the lirm heing Rohci't IL Bishop, 
 now a justice of the Superior ('our( of Massa- 
 chusetts, '.rhisottice. it may lie remai'ked, was 
 a contiiuiation of the one of \\ducli his fither 
 had heen the head. Mr. Liiwell wasadmitleil 
 to the Sutfolk l:iar in May, IS.SO, :md at mc/e 
 hegan the a<-ti\'e practice of his profession in 
 Boston, wliere he soon gained recognition as 
 an ahle, painstaking, and indusirious lawver. 
 lie practict'(l alone with inei-easing success 
 until 1SS4, when his fither, liaN'ing ivtired 
 from tlu' heiicli (if (he Lniteil Slates ('ircuit 
 
BIOGR. \ PHICA L—JLl SSA CH I 'Sli TTS. 
 
 205 
 
 < 'oiirt, . joined liiiii in a copavtnci'sliiji stylcil in wliat is now the oM pail offlio Cotnitrv 
 •lolin Lowell anil John Lowell, Jr., \\liicli eon- Cluli lioiisc, .lannai-\- -JS, LSLS. ] leconics iinni 
 tinned until the (k'ath of the .-^enini- nienihei' old and I'espected ^lassaelinsetts slock, heini;' a 
 
 on the Idth of:\lav, 1S97, 
 
 lineal descendant of. lames ISoutwell, who was 
 
 .Mr. Lowell is an al)U' and takaiteil lawyei-, aduiitlcd a fivianan in i^vnii in Kl.'SS, ami of 
 
 and in the trial of eases has \\(in a hi.U'li repu- 
 tation. As counsel for lai'ye and imjioi-tanl 
 
 ■ lohn Mai-slia II, \\ ho came hi Loslon in I he ship 
 Hopewell ill l(i.';4. The filnily has alwa\s 
 
 eorporate interests he has foi- several years heen represented Ihc slerlin,t;' ipialities of typical 
 
 New I'aiu'landcrs. TiMdilioii asseiis that one 
 (if his paterii;il ancestors i'ecei\-ed a ,i;'i'ant of 
 
 a familiar tii^ure in the courts, where his ahil- 
 ities and le.n'al (pialilieations ai-e i'ecoL;ni/(.'d 
 and admired. In the deparlmtail of corpora- 
 tion practice, in which he has had iiiueh e.\- 
 lierience, he is particularly stroni;. Since 
 comiiiL;' to the liar he has de\aited his whole 
 time as well as his enei'gies to the law, and 
 has candidly a\'oideil any eonnection with 
 politics (11- husiness. As a citizen, howe\'ei'. 
 hc' is ]>uhlic spirited and pri"ii;ressi\'e, and has 
 always taken a livel\' interest in all movements 
 advanciuii the welfare iif the c<immunity. ISiit 
 it is to the <luties of counselor ami ad\"ocalc 
 that his umlividcil attention is ni\-iai. ( 'on- 
 ne<-ted with him in pi'actice as jiartners arc 
 Samuel II. Smith, of llar\"ard, JSST, cousin of 
 Prof .leremiah Smith, of the Law School, and 
 James A. Lowell, and throu,i;li them his olfice 
 liamlles a larti'e chaiiificr and court jiractice. 
 Mr. Lowell is an indejiendent in political 
 action and a (nitarian in reliuion. He is a 
 memher of the I'nioii, Altamont ami Ta\'erii 
 Cluhs of lioston, the Adirondai/k Lean'ue of 
 
 New Yoi'k, ami the lo'form ('luh of New York land for scr\-ices in Kini;' Philip's war. Ills 
 fity. maternal ,L;i'andf ithei-, .lacoh Mai'shall, was the 
 
 He was married (tcloher '24, iss.'i, to Mary in\"caitor of the cotton jiress, an in\'eniion 
 Emlen Hale, daughter of .lames ( '. and Sarah oi'iginal ly made, liowe\'ei-, for pressini;' hops. 
 E. Hale of I'hilaili'lphia. I'a.: they ha\-e H\-i' Ilisfitlaa-, Sewall i>out well. i-emo\-e(l with his 
 
 COPYRIGHT Iby8, J. E. PuRDV 4 CO. 
 
 (aiORGE S. rOUTWlCLI,. 
 
 family in Is-Jd from lirookliiie to LunenhiirL;', 
 Mass., wdiei'i.' he held se\'eral town ollic-es ; lie 
 was a memlier of the Ahissaehnsctts House of 
 Kepr<'sental i \'es in lsi."> and 1 S44 and of the 
 ( 'oust it iitioiial < 'oiiN'ent ion of 1 So-">. 
 
 Mr. lioiilwell attended in his e.arly years a 
 .sioner of internal re\'eiiue, secretar\' ol the piihlic school in Luiuaihiiri;', wdiere lie hecame 
 treasury under I'residiait (irant, and for many a (4erk in a ^(aieral st.oi'c at theat^'e of thii'teen, 
 years one of thi' li'adinu' international lawyers, thus ^aiiii n^ a pract ical as widl as a thcoret ieal 
 is the son of Sewall and Ueliccc.a (.Marshall) know le(|^e of affairs. Later he suppkainaited 
 Boittwell, and was hoiai in I!|-ookliiie, Mass., this e.xperiiaice hy teachiiiL; school at Shirley. 
 
 children: .Mary kk, .lohn. jr.. Ualph, .lame: 
 and < )li\-ia. 
 
 GLOliCE SEW'.VLL IJOLJAVl^LL, LL.D. 
 lioston and (d'oton, the lirst commis- 
 
206 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 We also stuiluMl tin- rlussics, and in N'ai'ious 
 ways iiiipr()vt'(l vwvy oppmliniity tnr achanri'- 
 ineiit wliicli limittMl cii'cuiiistaiifes aifni'diMl. 
 Ill l.s;!.") \w went to (irotoii, Mass., as clerk in 
 a stove. But to l)0 a lawyer was liis dream 
 liet'oi-e he had ever seen a lawyer. Kndoweil 
 witli unusual inteileetual aliility, wbieli has 
 l)een one of his chief eharaeteristies from hoy- 
 liood, he felt liimself instinctively drawn to 
 the le^al profession, and as early as jiossihU- 
 entere(l his name as a student at law. 
 
 In l.s;;9 he w^as chosen a, rneniher of the 
 Groton School ( 'oinmittee, and in l.S4(l he was 
 an actis'e Democrat, advocatiiin' (he re-cdeetioii 
 of Martin A'an lUiren to tlu' presidency. In 
 the mean time he delivered a numher of im- 
 portant lecturesand })oliti<"il speeches, his iii'st 
 lecture hein^' ^iven ht'fore the (Srotoii Lyceum 
 when he was nineteen, and he was now rapidly 
 i^ainiiit;' a r(.'[)Utation in ])ulilic all'airs, in w hieh 
 he early took a lU'C}) interest. In January, 
 l<S4l^, he became a member of the lower house 
 of the Massachusetts Legislature from (iroton, 
 and for ten years thereafter his law studies 
 were iieglecte(l. IU> ser\'ed duriiiu,' the sessions 
 of 1S42, 1S4;;, 1.S44, 1S47, 1S4S, 1 S4;» and ISoO, 
 and was also at ilifferent times a raili'oail coiri- 
 missioner, a l)ank commissioner, and a mem- 
 ber of various other commissions of the Com- 
 monwealth. 
 
 Asa memljer of the House he made many 
 important arguments that were legal in name 
 if not in fact. <3ne relateil to the .Vet of the 
 ix'gislature of Ls4.'), by which the salaries of 
 the judges were reduced, and another U}>on a 
 bill for the amendment of the charter of Har- 
 vard College. (.)n the latter rpu'stion, which 
 was in controversy for thret' years, his oppo- 
 nents were Judge TJenjamiii 1!. Curtis and lion. 
 Saiiuud Hoar. Mr. Bontwell originated the 
 nio\'cment for a change in the college go^■crn- 
 meiit, wdiich Mas effected by a t'ompromise in 
 IS")!. Chief Justice Lemuel Shaw, a member 
 cif the cor})oratioii. wrote an answer to his ai'- 
 gumeiit. This led to Mr. lioutwell's appoint- 
 ment in !S,")1 as a member of the llar\'ard 
 College Board of ( )vei'seers, which posili(]n he 
 
 tilled until iSdO. In Januaiy, iSol, he be- 
 came go\-ei'nor of Massachusetts by a fusion of 
 the Democratic and Free Soil members of the 
 Legislature, and in l<So2 was re-elected by the 
 same body. Ha serveil in that cai)acity until 
 January, Ls.");;, ;i period of two years, and dis- 
 charged the duties of the office with ability, 
 dignitv and honor. As a member of the Mass- 
 achusetts Constitutional Convention of fSoil 
 Air. 15outwell had further and better oppor- 
 tunities to make the acijuaintance and to ob- 
 ser\'e the ways of the leading lawyers of the 
 State. 
 
 At tlie close of the ( 'onstitutional Conven- 
 tion of iSo.'] (iovernor ISoutwell entered the 
 law otfict' of Joel (iiles, wdio \\'as engaged in 
 practice under tin' patent laws, and wJio as a 
 rat'cbaiiic and lawyer was a well e(jni]i[)e<l 
 [iractitioner in Boston. As a counselor in 
 patf.'iit causes Mr. (!iles had few e(pials. It 
 was then Mr. Boutwell's j)ur}iose to pursue tlie 
 study and engage in the ])ractice of the })atent 
 laws as a specialty, but in October, iXo,"), with- 
 out any solicitation ami indeed without the 
 slightest k'liow ledge on his jiait, he was chosen 
 secretary of 1he Massachusetts ISoard of i']d- 
 ucation. of wdiicli he bad been a meiriber from 
 ix.""!;]. VVitli much uncertainty as to the wis- 
 dom of his action in accepting the place he 
 entered upon bis duties and faithfullv and 
 ellicieiitly dischargeil them until Julv L iStjl, 
 although he bad tendered his resignation in 
 Ls.",9. His annual reports have always been 
 regarded as models of preparation, and tliat of 
 ISdl — tlu' twenty-fourth — contains a notal.>le 
 commentary on the school laws of the Coni- 
 monwealth. He cou(inue(l as a member of 
 the board until 1 Sd.'i. 
 
 Afterseveral years Mr. Boutwcdl se\-eied his 
 relations with Mr, (dies, and u]>on his admis- 
 sion to the Suffolk l.iai' in .Januai-y, lS(i-.:!, on 
 motion of the late Judge Josiali (iardner Abbott, 
 he began active jiractice in Boston. His first 
 juj-y case was before the late Judge Charles 
 Allen, yet at that time be had ne\-cr seen a 
 jui'y trial from the opening to the (dose. Mr. 
 Boutwell had scarcely entered upon his pro- 
 
BIO GRA PHICA L. —MA SSA CHUSE T TS. 
 
 207 
 
 fe^iyional eaivcv \\iien lif was (.'ailed to assninc 
 a most imiiortaut phu'e in national att'aiis, ami 
 one that was destiiRMl to kec]) liim in t-losi' w- 
 lations with tlic l'\'(K'ral gON'enuiicnl at Wash- 
 ington for many \a'ars afterward. 
 
 Among the historit'al e\-ents, originating in 
 the ('i\dl wai', was the [lassage of the act "to 
 provide internal revenue to supjx.a't the gd\- 
 ernment and to pay iutereston the puhlie deht," 
 ap|)ro\-ed -Inly 1, iSCi'. ^[r, lioutwell oi'gan- 
 ized the ottiet' of Internal UeNenuc and was 
 the first intt'rnal revenue eonnnissionia-, i-c- 
 eei\dng his appointment while at ('airo in the 
 8er\uee of the War Department. Ik'arri\'e(l 
 in Washington on July 111, and entered upon 
 liis duties the following day. \\'ithin a few 
 da.ys the secretary' of the treasury assigneil him 
 a singk' (derk, thiai a second, and at'tei'ward a 
 third, and the(derieal f:iree was increased fi-oiii 
 time to time until at his resignation of the 
 office of comnussioner on March •'!, iSd;!, it 
 iiuml)ered 14t) persons. Tc> him is due its or- 
 ganizati(jn upon a l)asis which has more than 
 fulfilleil the most cherished hopes and e.\pec- 
 tations of those wdio eoneei\'ed the idea and 
 wduch has furnished from tlie first a \'alnahle 
 source of revenue for tlie go\'ernment with 
 little hardship oi' unnecessai'y friction among 
 the peciph' at large. Idie stamji ta.x t<iok et- 
 feet, nominally. <mi the 1st of ()ctoliei', lS(i2, 
 less than two and one-half months aftei- Mr. 
 Boutwell entered upon his duties as commis- 
 sioner, vet ])efoi'e he resigned, five iiionths latei', 
 he ha<l the ottiee so well estahlishe(l, and its 
 \\'ork so tlioi'oughly oi'ganized tln'ouglaait the 
 Ujiited States, that its usefuliH-ss was assnivd 
 and it has c(nitiinied to the [)resent tiuic upon 
 j)racticall \' the same lines that he laid ilowii. 
 In Julw 1S(;;;, three months aft<a' he I'etired 
 from the ottiee, he ])uhlislied a volume of •")()<) 
 pages, entitled "A Manual of the Uiivct and 
 l']xcise Ta.x Systerji of the I'nited Slules," 
 wd)i(di includcil the act its(df the foi-msand 
 regulations estahlished hy him, his decisions 
 and rulings, extracts fi'om the ei-)rrcspondence 
 of the oftice, and mn(di other \-a luahle infoi'- 
 mation heai'inu' i>n the suhject. This woit< has 
 
 (■\'erheeii acei'|ite(l as authority, and still forms 
 the liasis of the go\'ernrneiit of the iiitianal 
 re\'enue system. 
 
 Before .Mi'. Uoutwell was admitted to the 
 hai' he was I'ctained hy the county comniis- 
 sionei's of Middlesex county to apjieai' hel'oi'e 
 a legislati\'e comnnttee of IS.KJ against the 
 di\'isi(]n of that c(Mnity and the ei'e(.'tion of a 
 new county to ])e ca I led the e(anity of Wehster 
 with Fitchhurg I'oi' t he shii'c. I'uiKJry Wash- 
 hurn appeai'cil fn' Worcester county anil Kufus 
 ( 'hoate fii)' Fitchlinrg and the new cfanity. 
 Till' ajtplication failed in 1 .S.").! and again in 
 l.S'Ki. Ml'. ISout wel I's arguments on this jieti- 
 tion, made Mai'ch "1~), iSJlTi, and A})ril "l'-\, lS.")(i, 
 were remai'kahle t'oi' powei' and eloipieuce, anil 
 largely iuHuenced the final I'esult. 
 
 From Isd',.! to Isdil he was retained in many 
 causes, the most impoi'tant of wdiii.'h was the 
 eonti'0\'ersy o\a'r the conti'aci hetween the ( 'om- 
 monwealth and (ti'ii. Ilei'inan Ilaupt foi'the 
 eonstrnt'tion of the lloosae 'JTinnel. The heal- 
 ing hefore a k'gislati\a' coinmittee occupied 
 ahout twenty days and ended in the annulment 
 of the contract. Fiu' several years Mr. Bout- 
 well was associated in lioston with .1. <^), \. 
 (Ti'iftin. Afterward he was in partnei'ship with 
 Ifeiiry F. French until ISIii-l, wdieii he liecaiiie 
 secretary of the treasury in the C'ahinet of Pres- 
 ident (traiit. lie Idled this position with 
 great ahility for four years, originating and 
 jiroinulgating, among other measures, the plan 
 of refunding the puhlie deht. I)uring that 
 [)ei'ioil he made hut oik' argument, wdu'ii h'C 
 a]>peared in the Supreme ( 'ourt on the appeal 
 hy his client of a patent <,'ase, of wdiich he had 
 had charge from the heginiiing. i'"i'oiu 1 Si;.", 
 to iSlii) he had liecn a iiieiiiher of the .",sth, 
 .'ii-lth, fOtli and 1 1 st ( 'on grosses, ser\diig on the 
 comiiiittecs on the judiciary and on recon- 
 struction, and I icing chairman tor a time of the 
 latter hody. Wdiile re|ii'csent ing his district 
 in ('ongi'css .\lr. Boutwell gained consideralile 
 experience in the proeeedingsag.'iinst I'resident 
 Aiidn.'W •lohnson, wdio was impeached for high 
 crimes and misdemeanors, and he was selected 
 as one ot the mana^el■s on the part ot the Mouse. 
 
208 
 
 THE JUDICIARY AND rilli BAR OF NEW ENGLAND. 
 
 In ;i rciiiiirkal)! y l)i'illi;inl spcccli lictorc tlii' 
 House (in I)ecem!K.'r ■") ami (i. 1S(17, he main- 
 tained the iloetrine that tlie [iresident and all 
 other eivil ottieers could he iiiipeaclied for acts 
 that were not indictahle, although the eon- 
 trar\' was held hy many eminent lawyers, in- 
 eludini;- President l)wight,of ( olumhia (.'olk\t;;e, 
 who wrote a treatise^ in support uf his theory. 
 15ut the House ]irelerred articles that did not 
 allege an indictahk' ollense and tin' Senate sus- 
 tained them h)- a \-ote of thirt\--fi\-e to eigh- 
 teen, one less than the numher necessary for 
 conviction. On April 'I'l and '!'■), l.S(i,S, Mr. 
 J5outwell, on Ijehalf of the managers, addressed 
 the Senate, delivering one of the strongest and 
 ahlest arguments on record, and thus coiii- 
 pletiug, as a lawyer, the most e.\hausti\e lahor 
 he e\er attem[ited. Jle was a meiuher of the 
 ComniiUeeof l^^iftct-n which repoi'ted the l*^our- 
 teenth Amendment, and while ser\'iug on the 
 committee on the judiciary he reported and 
 carried through the House the Fifteenth Amend- 
 ment to the ( V)nst itution of the rnited States. 
 In 1S7.'! Mr. ISoutwell was chosen I'nited 
 States st'uator from Massachusetts to fill the 
 unexpii'cil term of Hon. Henry \\'ilsou, who 
 had heeu tdected \'ice-presiden(. He contin- 
 ued in tlie Senate until 1<S77, \\^hen he was 
 appointed hy President Hayes, through (ien. 
 diai'li'S l)e\'ens, then attiirney-general, com- 
 missioner to reN'ise the st;duies of the Uruti'il 
 States. That great work was completeil and 
 the volinne was puhlished in the antuinn of 
 1S7'S. Some idea of the lahor iu\'ol\-ed in this 
 undertaking niay he gained fi'om the index, 
 which contains o\-er 2o, ()()() references. in 
 l.S7'S Mr. l)Out\\ell rt'furned to lioston and re- 
 sumeil the practice of law. In ISSO ^\'illiam 
 M. I'jN'arts, then secretary of state, and Presi- 
 dent lla>'es, aske(l him to accept the position 
 of counsel and ageid for the I'uited States he- 
 fore a Hoard of lidci'iiational A I'hiti'atoi's ci'c- 
 ate(l hy a treaty I'alilied in .Inuc, iSSd, hetween 
 the Hinted States and F]-ance, foi- the settle- 
 ment of (daims against each go\'ci-iniient li\' 
 (dtizens of the other go\eriniiciit. The claims 
 (if I'^rcnch citizens, 7-<) in mimhei', arosi.' from 
 
 the O]iei-ation of the Uni(.in armies in the South, 
 princiiially in and around New Orleans, during 
 the Civil wai', and the consideration of them 
 occupied four yeai's. The counsel and the 
 connnissioners wei'e called to the discussion of 
 treaties, of intei'national law, of citi/.enshiii, of 
 the legislation of France, of the rights of war, 
 and of the conduct of ndlitary officers and iiul- 
 itary trilanials. TIk' claims airiountcd to !|f^!•"),- 
 (100, (JOO, iiududing iiderest; the recoveries 
 amouided to ahout $()•_'"), 000 ; the defense cost 
 the govei'nmeid ahout ipoOO.OOO: the record is 
 contained in ninety pi'inted volumes of ahout 
 one thousand jiages each and the pleas and 
 arguments of counsel for the two governments 
 till eight large volumes. Mr. IJoutwell's (n\ ii 
 arguments cover more than 1,100 pages. 
 Many of these cases I'ank as rrti/.sr.s celrhrr, no- 
 tahlv those of Archhishop -Joseph Napoleon 
 Peiche, No. •'! ; Heiu'i Duhos, No. -!<i : -loseph 
 Bauillotte, No. l:!0; Ple/.e Motte, No. l:!!: 
 Theodore N'alade, No. -ild: Pierre S. Wiltz, 
 No. -'H-'!: Uemy -lardel, No. ooo: p]ticniK' Her- 
 hee. No. •■!;;;»: Arthur X'allon, No. .-'.94; David 
 Kuhnagel, No. 4.'!^: Dr. Denis Meng, No. •')<i7 : 
 A/.oline (iautherin. No. o90: ()scar ( 'hopin, 
 No. "it):^; S. Aruiis Sori-el, No. oDd. in which 
 he [iroliahly made the hest argument of his 
 carei^r; Jules Le More, No. o'-V) : Athcnais*'. 
 Le More, No. olKS: Mary Ann Te.xier, No. lio;) ; 
 and Charles Ileidsieck, No. (J91. That ofTheo- 
 dore A'alade, No. 214, was a full account of tla' 
 hattle of Donaldsomdllc, and those of Arch- 
 Ijishop Per(die, J)a\'id Kuhnagel, and many 
 others im'olvcd intricate and interesting (jues- 
 tions of (dti/.euship as well as damages for the 
 destruction of projierty. ( )n May 10, lSS4. 
 Mr. Bi'iiitwell made an exhausti\-e and Hual 
 report on all these claims to the secretarv of 
 state, Hon, Fre(lerick T. f^relinglinysen. 
 
 Mr, Houtwtdl was one of the counsel for the 
 gii\ernmciil of Hayti in the celehrated case of 
 Antonio Pelletier against that repulilic in IScSo, 
 and made a most interesting oral argument. 
 This case was a romance of the sea as well as 
 of internati(.iiial importance, in\(il\ing a claim 
 of §"_k-"i(H ),()()( I and (piestions of piracy and slave 
 
BIOGRA PHIC. I L.—MA SSA CHI 'SE TTS. 
 
 209 
 
 trailiiii;-. Ill ls;);',-y4 ls\\. Uoutwi'll was i-o- 
 taiiu'd as cduiisi.'] oil tlie part of Chili to (Icfeiid 
 that n()\eiiiiii('iit lit't'iiix' an international coiii- 
 mission ereat('(l iinilcr a treat)' with the I'liiird 
 Stales signed August 7, 189^:. Ahoiit forty 
 cases were presenteil, iii\-ol\-iiii; $:^(i,.''>(l<l,OI)0, 
 and the final report w as siiliiiiitted April .'!(l, 
 1S94. Anions tlie more iniportani were those 
 of (iilhert I!. ISordeii, No. i), and f're(leriek II. 
 Lo\-ett et al., Xo. 4:!. a.nainst the Repiihlie of 
 Chili. 'Idiese as well as nearly all (he others 
 well' arii'ued hy him with a lirilliaiiey and elo- 
 (jueneethat has markeil his entire ea reer al Ihe 
 har. ()f the li\'e courts martial that \\'ere liehl 
 ill \\'ashin,ij,ton hetweiMi ISSO and lS<)-^ lor the 
 trial of oHicers of the army and na\'y Mr. lioiii- 
 well was retained for the defenst' in four <"ises, 
 ill three of w liieh the ai;eused were comdeted 
 anil in tlieoi her honoraljly aei|uitted. In issd 
 he was retaineij h\' the Mormon cliurcli t<i ap- 
 pear hefore Ihe jiidiciarv (;oirimittee of the 
 I louse of liepresenlatiN'es aiiainst the Ivlmunds 
 hill, which wasmodilied in part icailars pointed 
 out ill Ihe disiaission. The same yeai' he a|)- 
 peared hefore the House committee on foreign 
 affairs for the go\-eriiiiient of Hawaii in uppo- 
 sitiiiii to the project for al )rogat iiii;' I he treaty 
 of l.STo. 
 
 Mr. ISoul well's pleas and argumeiils lia\'e 
 with f'W exeeplions liecii puhlished in hook or 
 pamphlet form, or hotli, and ff)rm eif them.seh'es 
 a most \-aliiahle and inlerestiiij;' addition to 
 legal literature, ddiey hear e\'iilence of a pro- 
 found know ledge of the law, of vast research 
 and of great literary ahility. Among others 
 may he mentioned llioseu[iona petition to Ihe 
 ^rassachusetls Legislature for the remo\-al of 
 Joseph M. l)a\' as jiidgi.' oi' prohale ami iiisol\- 
 eiicy iVir IJanistahle eounty in .March, hssi; 
 in the mailer of the Pacific Xational ISank of 
 ]5ostoii hefore llie liaiikiiig and currency com- 
 mittee of the I'liited States House of Kepiv- 
 seiitati\'cs, March 'I'l, 1 SS4 ; and forlheidaim- 
 ant in Ihe case of the lierdaii I'dre-Arms Maii- 
 ufa(durilig Company of New ^'ork \'s. the 
 Idiited Stales. He is the author oi' " Ivluea- 
 tional 'l'o|)ii-saiid llisl il iilious," I S.")!* : " Spei'di- 
 
 es Ucdatiiig to the Rehellion and the ()\'erllirow 
 of ShiN'cry," collected and puhlisheil in l<S(i7; 
 "Wdiy I am a Kepuhlican," a history of the 
 Kepuhlican pail>- lo I SS4, rcpuhlished in HS.S.S; 
 '■The Lauyer, Statesman, and Soldier," 18X7; 
 and the " ( 'oust it iitioii of the Idiited States," 
 emhracing the suhstance of the leading decis- 
 ions of the Supreme ('oiirl in which the se\'- 
 eral articles, sections, and <4auses lia\'e heen 
 c-xamineil, (explained, and iiiterpifte(l, 1 SiHi. 
 In Iss.s he wrote a paiii])hl(.d on "Protection 
 as a Piihlic Policy," for the American Pro- 
 tective d^irilf League; on A])ril 2, LSSS), he 
 read a paper on "The Progress of American 
 Independence" hefire the New York Hist(jri- 
 cal Soidety : and in l''ehruai'V, lX9<>, he puh- 
 lished a pamphlet on "The \'enezu(dan (^)iies- 
 tioii and the .Monroe Hoetrine." 
 
 Mr. lloulwcll has jirohaljly argneil more 
 eases iii\ol\ing inleniational law than \\\\\ 
 other 1 i \ing man, and in this depart men I ranks 
 among theahlesi and strongest that this coun- 
 try has <'\-er produced. Vov more than forty 
 years he was a prominent figui'e hefore Ihe har 
 of the rnitcil Stales ( ourts at ^\'asllillgtoll, 
 wdiere he aidiie\-ed eminence as an a<l\"ocale 
 of the hiuhest ahility. He was uniformly 
 successful, and won a reputation which was 
 not (/oiitiiii'd to this country. He is an author- 
 ity on iiilernal ioiial and constitutional law. 
 His puhlished writingsstamp himasa profound 
 student of puhlic i|nestioiis and as a man of 
 rare literary culture and genius. He was a 
 strong Aholilionisl, ;iiid as lawyer, stalesman, 
 and citizen has rounded out a hrilliaiit career, 
 ill e\-ery capacity he has fiilhfullv and efti- 
 cieiitly performed his duties and won the coii- 
 tidenee and res|iecl of hotli friends and opjio- 
 ricnts. In pol il ics he has heen a leader of Ihe 
 Kepuhlican parly sinc<' its organi/.alioii. He 
 was a delegate to the < 'hicago ( 'on\ciil ions of 
 LSIittand ISSO, and was chosen a delegate lo 
 the P>al ti more* 'on X'ciit ion of 1 .S()4, hut declined. 
 He was elected a uieiiiher of Ihe A inerieaii 
 jVcademy of Arts and Scaences in 1 sr)7 and of 
 the Phi j'x'ta Kappa Sociidy of Harvard ('ol- 
 leiic in .lul\', LSdl, al which time he deli\-ere(l 
 
210 
 
 THE JUDICIARY AXD THE BAR OF NEW EXGLAXD. 
 
 till' foiniiiciiceiln'iit iii-;iti(iii. In lS.")l IIai'\';inl 
 eoiifcn'cd upon liiiii llic lioinirary (Icurcc of 
 IjJj.I)., anil in 1S(;1 \w was a iiicnilici' of the 
 I'l'aec! CongTcss at Wasliinu'ton. 
 
 Mr. lloulwi'll was niai-i'i('(i July S, 1,S41, to 
 Sarah Adolia, (laughter nf Xallian Tliayci' of 
 ITolIis, X. JI. Tlioir (/liildi'cii are (leoruianna 
 A., horn Ahiy Is, isd:!, and h'l'ancis >h, hoiai 
 Fol)rnary :2(i, ls47. Mr. lioutwoll rcsiilcs in 
 ( Iroion, Mass. 
 
 TOSEl'II A[-(;['STrs WILL.VKI), l!osi(,n, 
 t^ cderk' iif (lie Supci'ior ('oui1 of Massaoliu- 
 si'tts, is descended in tlie se\'enlli j^'enei-atiim 
 froni Major Simon W'illai'd, a naiive (if ilie 
 jiarish of Ildrsinnndcn, ('(iuid\' <if i\eni. ICnu- 
 
 JOSEPll X. WU.LAKD. 
 
 hind, wIki eanie to ( andirid^e, ^fass., in l(i.'!4. 
 and was eni;a,ued in iiiiliiaiy (hity in Kini; 
 IMnlip's war at the time "f Ins dealli. ^li'. 
 Wilhird's patei-nal iirandfatlier. .hisepli Wdll- 
 ard, was presideid of irai'\ard ('idle,i;c frnm 
 l)ccomher IS). ITS], until his death St'ptemhei- 
 'Jo, 1 .Sf)4. Aiiothe)- aneestnr, Simon \\'illard, 
 of Salem, died in (Jharlestown wdiiie holdiiii.;' 
 court A])ial L'4. I(i7<i. Sidney W'illard, father 
 III' the suhject (if this sket(di. and son of .hiseph. 
 
 was ,L;raduated from Iiai-\'ai'(l in 17S*S, and \\"as 
 a tutor and liln-arian of that institution from 
 ISO] to isd.l and ])rofessoi- of Latin, Ilelnvw, 
 and othei' Oi-iental lauijuages from ISO? to 
 l<s;5i. He was a reju'csentatixc to the (ieneral 
 ('(lui'tin Is;!:), ls.'!7, and 1 S4.'!, menihei' of the 
 Afassachusetts Senate in lS;i4, 1 S.",o, ls;;9,and 
 1 S40, meiidiei' of the ( (Ovei'noi''s (.'ouncil for a 
 time, and mayor of ( amhiad^e in ] S4S and 
 1S.")0. He mai-iied Elizabeth Anne, dau.yliter 
 of Asa Andiews, a leadinu' lawyer of Ipswieli, 
 Afass., and a direct descendant of Aim ])udley, 
 wife of (!o\'. Simon l)i'adslre(.4, from whom 
 Joseph A. W'illard is (lescendc(l in the lifth 
 .generation. Re\'. Sannud Willai'd, ,meat- 
 ^randfatlier of Sidney, \\'as pastoi' of the old 
 South church in J'xiston. and also \"ice-pi'esi- 
 deid and h-om 1701 to 1707 actin.t;- president 
 of I larvard (."(ille.^'e 
 
 Joseph A. Willai'd, son of I'rof. Sidia.^y and 
 I^lizaheth Anne (Andrews) W'illard, was horn 
 in ( 'amhrid^e. Mass.. Septemhei- 29, ls](i. He 
 attendeil the regular schools of his nati\'e town, 
 the W'estford Academy, and a pia\-ate s(/li(-iol 
 kept at \-ari(ius times hy Rew James Freeman 
 ('lark(.'. Ralph W'aldo I'jnerson, Henr\' S. Mc- 
 Kean, and ISarzillai Fro>t. In ( )ctolicr, ls;S(l, 
 he went to sea. and for ei.nlit years folhiwed 
 the life of a sailor, x'isitin^ nearly all parts of 
 tli(.' world, and accinmilatin^ a fund of knowl- 
 eil^c and experience upon which he has Imilt 
 :in emiiKMitly successful caivcr. ReturniuL;- 
 home in ls;!S he rcsnmeil his studies under 
 his fathci-, and in ISJII entere(| the ofHce of 
 tin.' (d(.'rk of the ('ourt of (.onniion I'l(.'as in 
 Boston, wdiere he remained t\\-o V(.'ars. In 
 1S4S .Joseph lA-clctt, then slicritf of SuHiilk 
 county, appointed him deputy sheriff, which 
 position he field until Isri."). Meantime he 
 took up the study of law under the instruction 
 of James A. Ahhott and .Marshall S. Chase, 
 and was admitteil to the Sulfolk hai- April lo, 
 ls.)4. In Is.").") he was a]i]ioiiited to the new- 
 ly created oflice of assistant clerk of the Supe- 
 rior Court for the county of Suffolk, the old 
 Court of Connnoii I'leas for that county heinn 
 aholished. The new court Was superseded hv 
 
BIOGRA PI lie A L.— MASS A CIIl 'S/I TTS. 
 
 211 
 
 till' present Massaeluisctts Superior ('mirt in 
 IST)!), anil Mr. Willard liei-anu- its assistant 
 clerk. He was appnintiMl clerk liy ilicciaii't 
 in 1S().") tcilill the vacancy' caused ky I lie (ieatli 
 tit his uncle, .kisepli Willard, wdin had tilli'd 
 the otHcc tor many \'ears. At the next ,L;(ai- 
 eral election he was elected to the otliee, and 
 since then has heen I'e-elccaed at the end of 
 ex'erv li\'e wars, his election hcini;' (i|i]iosei| 
 end V twice. Ilis ]ireseiit term will expii'e in 
 .Jaimarv. 1 ;)(»_'. 
 
 >[r. W'illai'd is a man of I'lanarkahlc ahiliiy 
 and \-italit>-. and for one of his years (ei,t;li(y- 
 three) is wamderfullv well preserved and ai;ti\'e. 
 l"ew nuai lia\'e e\cr made the I'i'cord that hi' 
 pi'OudU' hears. lie^iiininti' in 1 S4(i he lia.s 
 heenalmnst contiimously identilied with the 
 otticc of clerk of the coni't, and hy I'cison of 
 his Inn^ experience possi.'sses a lietter knowl- 
 edi;e of the pi'inciplcs of practice than any 
 other man in the ('ominon wealth. lie is en- 
 dowed with a remai'kalily ri'tenti\"e memory, 
 and a mind rich in i-eminisccncc wdiich has 
 heen di'awn upon for the henefit of the puhlic 
 and placed in pi'rmaiieui form in an interestiiiL;- 
 volume entitled "Haifa ( Vntui-y with .lud^es 
 and Lawvei-s," pulilisheil liy Houghton. .Miftlin 
 .tV' ( 'o. in lsS).l. 'I'his hook, written wdiolly hy 
 him, stamiis him as a man ot uncomnioii litei'- 
 ar\' aliilitv. He is a puhlic spirited, pati'iolic, 
 and progressi\-e citizen, and a prominent cha[i- 
 ter Afason. holding mcmhei'ship in Rexei'c 
 Ijid^e, V. ^^ A. IM. lie has heen a memhei of 
 the Ancient and Ilonorahle Artillei'y ('om- 
 tianv of Massachusetts, and of the l!ai- Associa- 
 tion of the citv of Boston w hiidi he joini.'d at 
 its inception in I .sTd. 
 
 .Mr. W'illai'd was marned Septcmher o. 1 S4 I . 
 in ( 'amhrid^e, Mass., io renelo])e, dan^htci' of 
 ('apt. I'i'ter and I'eiielope (.Mitchell) ('ochraii, 
 ami a i;i'eat-,i;;i'andduu,i;hle)' of Mai'v l'"aiieuil, 
 sister of I'etei' Kaneuil, of Boston. They lia\'e 
 had six children: lOli/.aheth Aniie, i'jdwai'd 
 i\ui;ustus (assistant clei'k of the Supei'ioi- 
 (Vinrt), AFai'V Mitchell, i'eiielope 1'^ ranees (wid- 
 ow of Ilenrs' V. t'oolidLje, a merchant of I'ort- 
 land, ]\li'. ), Sidiie\' I'^aneiiil, and I'^dith ((crtrude. 
 
 WILLl.V.M (lOODWIX BISSKLL, 
 A. .M., LL.I)., Boston, was the son 
 of Thoiiais and .Mar\' Ann ((ioodwiii) Russell, 
 and was horn in I'lymouth, .Mass., .Vovemhei' 
 I.S, ls:::l. Of I'ji-lish and Scottish ancestry 
 he descended h'om ('.-iiit. .Miles Standish, .lolin 
 ,\lileii, and liichard Warren, of the Mayflowei' 
 I'ilnrims. Ilis paternal ^rcat-urandfathei', 
 
 W I1.1.I.\.\I G. KL hSkJ.L. 
 
 .lolui Kussi'll, a merchant of fJreenock, Scot- 
 land, came to i'lymouth ahout 174"), and an- 
 otlici' urcat-^randfat her, Samuel .lackson, of 
 l'l\'iiioutli. was the ^I'andfalhei- of Sidney 
 liartlctt, for many years the leader of the Bos- 
 ton har. 
 
 ^Ir. Kussi'll attended the puhlic schools of 
 I'lymoth and prepared for college under the 
 tuition of lion, .lohn An^ier Shaw, of ISridiro- 
 wati'i'. I le was graduated from l[ar\'ard I'ni- 
 \-ersity in I S4(l, standiii,^ nearly at the head 
 his class. .\fterward he taught a \'oiinn- ladies' 
 pri\-ale sclioid in I'lymouth for a time and tin.' 
 academy at l)racut for one year as the succes- 
 sor of the late (!eii. Beniamiii l'\ iiiitler. lie 
 read law with his hrol her-in-l;i w, William 
 WdiitiiiL;', of l')osion, and at the llar\ai-d ivaw 
 School, uraduat iiiu- from the latter with the 
 denree of BB.B. in |.S4r). ;iiid heiim admitted 
 
212 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 to tin' Suffolk liar .Inly ■J5, of tlic same year. 
 Mr. Russell iniiuediately assoeiated himself in 
 [)raetiee with Mr. Whiting, ami foi' moiv than 
 twenty-tive years the firm of ^\'llitin.iJ; ct Rus- 
 sell occupied a foi-ennjst ])lace in Boston's legal 
 circles. It continued until Mr. Whiting's 
 death in IST.'S, hy which time ?*Ii'. Russell 
 had hecome a recf)gni/,ed leader of the har. A 
 little latt'r the advancing agt' of Sidney Bart- 
 lett ga\'e him the \'irtual leadership, and Mr. 
 Bai-tlett's death in 1 .S9(t only serx'ed lo confirm 
 anil sti'engthen it, and he contiiuied as the 
 recogni/.ed leader until his own death on the 
 (ith of Fehi'uary, l.S9(i. 
 
 After the death of Mr. Whiting in 187."., 
 Mr. Russi'll formed a co]>artnership \\i1li 
 (leorge Putnam, son <if the late Rew (iedrge 
 Putnam, D. D., minister of the I'^irst chundi 
 in Ro,\l(ury for nearly fifty years. 'J'he firm 
 of Pussell ct Putnam, like that of Wliitiiig tV' 
 Russell, heeanie an eminently strong one, and 
 its name is still i-etained. It is a noteworth)' 
 fact that the place of Sidney ISartlett, a Plvm- 
 outli man, as the leader of the Suffolk hai-, was 
 taken by Mr. Russell, also a nati\'e of that an- 
 cient town. This cii-cumstance is i'elie\'ed of 
 its singularity, howe\er, hy the fact that Mi'. 
 Russell's fatliei' and Mr. Partlett wcyo first 
 cousins, and that both 15artlett and Russell in- 
 herited from a connimn ancestoi' those mental 
 ti'aits \\duch, developed liy eilucatitni, go tu 
 maki' up the thoi'ough lawyer. This ancestor 
 was Samuel .Jackson, a man of disci'iminating 
 judgment and a judicial mind. \\'lien Mr. 
 Russell (diose the law as a profession hi' de- 
 cided to pursue its paths with faithful steps, 
 and to resist every temptation to li'ax'e them 
 fV)r till.' allui-ing lionois of public life. lie often 
 refused judicial prefei'nient, including the chief 
 justiceship, and also declined ti> stand for any 
 elective office, 3'et he carefully peiformed tlie 
 duties of a loyal, patriotic, and public spirited 
 citizen. 
 
 Mr. Russell contiinicd uninleiruptedly in 
 the practice of his jii'ofession in Boston fiom 
 the time of his admission to the bai' until bis 
 death, a period of tifly-une yeai's. lie became 
 
 a most powei'ful uih'ocate in courts of law, and 
 exercised an important influence upon the 
 practice in the State. Me exhi])ited a great 
 general CH])acity lirougbt by training to high 
 efficiency. He had a memory of great tenacity, 
 a [)Owei- of attention that fixed every fact, a 
 wonderful cleai-ness of mental vision, a sound- 
 ness of judgment that seldom ei'i-ed, an active 
 and busy intellect, an unsui'passed faculty for 
 close and accui'afe reasoning, and a gift of 
 luminous and forcible e\]iression, both in 
 s[ieech and writing. The firm of Whiting A' 
 Russell had a very large general practice, 
 which gradually fell wholly upon Mr. Rus- 
 sell's shoulders, as Mi', ^\'lliting de\'ote(l him- 
 self for many yeai's to innxn'tant patent cases. 
 Ml'. Russell managed the entire detail of the 
 business, including the clerical woi'k, ha\-iiig 
 neither bookkeeper, clerk, student, noi' junior 
 partner. Ouring his long connection with 
 Ml'. Whiting be acip.iired an intimate knowl- 
 edge of patent la\\', which enabled him to 
 master the facts in the great J>erliiier case, in 
 which he made, in 189."), an argument that ad- 
 iniraVily crowned bis career in the coui'ts. 
 I)ut he never made a spt'cialty of patent liti- 
 gation: his ambitions were wholly centered in 
 general practice. 
 
 Jle was for forty years connected with the So- 
 cial Law Library of ISustiin, being its clerk and 
 treasurer from Is.l^ to Ls(i(i, a trustee from 
 ls()2 to bST.s, and president from Isy.s until 
 his death. lie was a scbolai' |.)Ossi'ssing not 
 only a [irofuund knowledge nf the law, but a 
 \'ast fund of general inforiuation. As a citi- 
 zen be took a dee]i interest in public and edu- 
 cational aflairs, and for manv N'ears was a 
 member of the Board of ( )\erseei's of ]Iar\-aril 
 rni\-ei'sify, which conlerred upon him the 
 degree of LL.D. in l.STS. 1 le was a director 
 of the .Massachusetts Hospital Life Insurance 
 ('ompaiiy and of the Mount \'ei'iion National 
 Bank of liostoii, vice-[iresiilent of the i'ilgrim 
 Suciety, president of the I'liioii Club of Boston, 
 a trustee of the Ikiston .Museum of Fine Arts, 
 an executor lU' trustee of numerous estates, and 
 a menibei' of tln' Cnion, I 'ni\ersitv, and St. 
 
BIOGR. I PHICA L.— MASS A CHl'SE TTS. 
 
 ■213 
 
 l>ot<il|ili ('lulls (if I'xistiin. lie wasn tbumla- 
 tidii iiu'IhIht of tlic \\\w Assdciiitidii (if the cily 
 <if Hdstdii ill Isyii, :\ii(l s(.'r\('(l it as \irc-pi'('si- 
 (lent fiiiin that year till iSSl ami as jirosidc'iit 
 fVoni 1882 to 1SS4. \\c vecci\c<l the dearer' 
 <if A. M. from Ilarxard in 1<S4-'!, at which time 
 1r' (leliN'cRMl the \'alcili(.-t(_ir)'. 
 
 Mr. Russell was niarried ()etdli('i' it, 1S47, Id 
 Mary lOllcn, daughter of Thomas and J^ydi;! 
 (Coffin) IkMliif, of I'lyniouth, Mass., \\hc'r(.' lie 
 suhse(]Uently had his summer hdiiie. Their 
 children were Tliduias, wIkisc sketch a|i}ieais 
 ill this wiirk: l.ydia <i. Allen (.Mrs. Kdu'er N. 
 Allen), (if ikistoii; and ^^aridn, wile (if ^\'lll. 
 S. TdWiiseiid. 
 
 /^IIAKLES (iUlOKLY LolMXC, hL.I)., 
 
 \ I liostdii, sdii (if ('aleli and .\iiiie ((ire(d>') 
 
 JjdriiiL;, was lidrn in ISdston, .Mass.. May '1. 
 1794. lie was descended from 44idiiias Ldriiit;, 
 wlio came from Axminster, iMinland, in KJ.'U, 
 and settU'il in Iliiinham, Mass. The father of 
 the subject of this memoir was ('aleh l^(^irini;, 
 an eininent Uostdii iiii'rchant, and his mother 
 was Anne (Jreely, daughter of ('a|il. .Idiiathan 
 Greelw who was killed wdnle defending his 
 slii[i, a letter-of-iiiar(|ue, aeainsi an English 
 frieate near .Marhleliead, Mass., in the i;e\(i- 
 lutidiiarv war. 
 
 and ill the Su|ireine ('durt in J)eeemlier, ISlT. 
 .Mr. Jluhhard, wIki lieeaiiie a justice of the Sii- 
 preme .Judicial (.'durt in 1X4.!, came to lidston 
 from Maine in ISlO and associateil himself 
 with .Mr. .lacksdii, and (in the a]ipiiiiitmenl of 
 the latter td the hencli in isl;) cdiilinueil the 
 business (if I he dflice and was iiichari:,!' wdiile 
 ^Tr. LdriiiL; was a studeni. Diii'ine a tempo- 
 rary abaiiddimient (if luisiness l>)' Mr. I lubbard, 
 dccasidiied b\' illness, his vouiiij' student con- 
 
 CHAKI.KS C. I.CIKINI,. 
 
 ducted the affairs (if the office, and with the 
 ('harles ( Ireely Eorine- eiitereil the Bostdii cdnsent (if clients ajipeared betdre the Supreme 
 Latin Schoul in 1 .S(I4 and left it alxiut li\-e Court and areneil their ca.ses. In l.sKi Mr. 
 years later as a meilal s(diolar. He matricai- Loi-ine' fdrmed a jiartncrsjiip with I'^ranklin 
 hited at Harvard ('dlleeje as a sdphdmdre in De.xter, wdid had alsd been a classmate in c(il- 
 1.S(I9 and was "raduateil frnm that institiitidii li'ec, wdiicli cdiitinued until isl)). 
 with hdiKirs in lsl2, liaviiie the Latin saluta- He ad\'anced steadily in the estimatidii df 
 tor\- oration as his part in the ceremonies at tlie business cdiiimuiiify until the year l.S'i."), 
 Cdmmencement. At (hat time llie diily law al wdiich date he may lie said td have been in 
 sididdl in the Cduntry was thai al Lilchtield, full pract ice, (ir, in (ither wnrds, to lia ve seiaireil 
 ('oiiii.. and tJiere he bee'an his le^al studies all the business which it was pdssiblelora man 
 immeiliat(dy after lea\dng cdlleec, with Pelci;' cnnscienl iniisly devnted t(i the interests (if his 
 S]irague, wdid had been bis !lar\-ard class- clients td I hdrdiinhly cdiiiprehend and manae'c. 
 mat(.', for a companion. He linished his Lrdiii that lime uiilil I cS.');"), Prdf TliedphiUis 
 studies in lioston in the dtfice nf S.-nmiel Hub- I'arsdiis slated, "the published repdrls df de- 
 bard. esi|.. and was adiiiitt(.'d td practice in the cisidiis will show that, takiiiu' this wbdle 
 <'ourt (if ('(imiiidii i'leas in Sepleiiiber, isl'i, ]ieriod df thirty years toe'ei he)-, im dtber iji.an 
 
214 ■ THE JUDICfARY AND THE BAR OF NEW ENGLAND. 
 
 liail so lavi;c a iiuiiiljor of cases in court, and ap|)r(;)[)rialc lionors in tlic several stages of its 
 of the cases of no otlier \\as tlie proportion so pro,^ress. At tlic age of tliirty lie \vas the 
 large of those wliich, hy the no\elty of the connnander of the Ne\\- Jvigland (luards, and 
 (juestions tliey raise, or of the peculiar circum- in accei)ting that post Ik- was oidy following 
 stances tf) wdiitdi they requirt' the ap])lication the custom among the I'isiiig lawyers wdiich 
 of acknow leilged })rinci[)les, may he considered pre\-ailed nearly up to the time of the war of 
 as estalilishing new law, or giving new scope the Kehellion. In ls49, when Daniel W'eli- 
 and meaning to recognized law." To every ster resigiuMl his seat in the United !-^tates Sen- 
 case entrusted to him W\. Loi'ing ga\-e uni'c- ate, ^fr. Loring was asked Ijy ( ioveriior J>rigg,s 
 mitting attention, and in its [)re|)aration for to permit his ajipointnient to iill the vacancy, 
 trial no pains were sjiared to make its presen- and in Is.").",, when Mr. Everett resigned his 
 tation hoth as to fact and law thorough and senatorial cliaii', he was again in\'ited hy (!o\'- 
 complete. lie was seriously in earnesl, appar- ernoi- W'ashhurn to accept the appointment, 
 ently hclie\'ed in the justice of his canst', and He decline(l hoth of these honors, ami also se\'- 
 his addresst's to the jury wei'c elahorate, well eral oli'ei's to a seat on the' hench of the Su- 
 constructed, compact, tdeai', and logical. He [>reme -ludicial ('ourt. In lsti2 he was a 
 read largely from full and carefully ])repared irieirdit'r of the .AFassachuseits Senate. In bS.'J.j 
 hriefs, siftt'il and analyzed (he whole testi- he was apjioiideil a fellow of IIar\-ar<l College 
 mony, and not only dwelt upon and erdiuT'ed and retained that ollice until lS.')7, and in 
 the strong points, hut recognizi'il ami ex[ilained l<S(i.l Ii<' was chosen to pi'csidt' at the reception 
 the weak ones, and all tlie wddle imprt'ssed his gi\-en hy the college to her sons on their w- 
 hearers, including the jury, that the convic- turn from the war. In IS.jO he recei\-ed the 
 tion was valid and just. honoi-ai'v degree of LL. I), from his alma mater. 
 ])uring nearly all the years of Ids pi'ofes- lie was a memlier of (he American Anti(pia- 
 sional life he was suhjc'ct to attacks of sickness, riaii Society, of the Amerit-ui Academy of ^Vils 
 ^\■hich inca[>aci(ated him for a time, hut he and Sciences, of the New I'^ngland Historic 
 seemed to reco\'er with a jiowei' of lahoi- seeiu- (ienealogical Society, and of the ^Massachusetts 
 ingly iiKU'cased rather than diminished hy an Historical Society. In 1 S.");] he visited Europe, 
 intei-\"al of pain. At a later jieriod he suffered and from the mend)ers of the legal profession 
 from a disease of the eyes, and h-oni I8-'ll^ to in I]ngland he received marked attention. 
 1<S4(I, A\dnle at the height of his professional Ahsorljed as he was in his jn'ofessional }iur- 
 t"ireer, he was ohliged toeai'iy on his work liy suits, Mr. Loring found time to make impor- 
 the aiil of the eyes ami the [)en of others. In (ant contrihutions to the press on leading suh- 
 1S.S4 he had ahandoned much of his k'sser jects of the day, and to take an active interest 
 husiness, and was olfert'd the position of actu- in the affairs of his church and in the A'arious 
 ary of the Massatdnisetts Hospital Life Insur- charitahle and reformatory mo^-ements agitat- 
 ance Company. Though lie acce})ted this ing from time to time the populai' niiml. He 
 office he continued in charge of his old law was a strong 0]>ponen( o\ slavery, thou<di not 
 cases, and argiK'd them hoth in the coui'ts of a niemher of the aiiti-sla\-ery partv, and in 
 the Commonwealth and in the Supreme Court IS.IL when tlu' trial of Sims, an escaped slave, 
 at Washington. He held this ]iosition until took })lace hefore the Cnited States Commis- 
 his death, hringing to the jierformance of his sion, he appealed as his cianisel and made the 
 duties not only the i)rudence and wisdom of a closing argument. His last literary produc- 
 maii of alfairs, hut that familiarity w ith law tion was a pamphlet puhlished in l.S()(j, hear- 
 so essential to the pro])er administration of the ing the title of "Reconstruction-Claims of the 
 husiness of such an institution. Inhahitants of the States engaged in the Iie- 
 'Jdie life of Mr. Loring was crowned with liellion to Restoration of Political Rut'hts and 
 
B/OGR. I PHIC. I L.—MA SS. 1 CHUSE TTS. 
 
 2J5 
 
 Frivik\m's under (he ( 'uiisl itiit imi," wliicli ;it- 
 tl'actoil wide ;it(riiti(iii. Mr. Ijoriiin was one 
 of llie [irofoundest :i(U'oe;ttes at the SuH'olk 
 t)ar, reniarkalile for )iei-se\-ei-iiii4' enei'^y, intense- 
 ly devotod to his pi-ofession, and tii-in in his 
 convietions. lie was a )>rilliant orator, and in 
 1H21 was tlu' last of those a|i|>ointed l)\' the 
 authorities of the town of lioston to deli\-ei' 
 the F(.)urth of July oi'at ion. lie dralted the 
 aet ineort>oratinn' the Mereaidile laln'ai'v Ass(i- 
 ciation, ami on l'\'hrnai-y lid, ls4o, delixered 
 for it an addn'ss on the " Kelations of the l>ai' 
 to Soeiety." Ahout this time he was presi- 
 dent of the Sutfolk W'hi^ ( 'onnnil tee and in 
 1.S4S he was juvsident of the Wehslel' \\'hi,i; 
 C'liil>. He hail his wdniei' home in lioston and 
 after 1S44 spent his sunniiers in l)e\-erl\-, Mass., 
 where he died ( )etohei' S. 1 SdT. 
 
 ]^Ir. Lorinti' was mari'ie<l three limes. Hi'st in 
 iSl.S, to Anna I'ien/e ISr.iee, of Liiehheld, 
 Conn., wdio died in ls:',(;; si'cond, in ls4(i, to 
 Marv Ann, dauL;hter of .Indue Saniu(d and 
 Sarah (Gooll) I'utnam: and third, in 1S.")(), to 
 Mrs. ('oi'nelia Amory (ioddai'd, widow of 
 f-iei")ree A. (toddard and dauijhier <if f'l'aneis 
 Amorv, of iJoston. His s<'eond wif>, Mary 
 ^Vnn. was liorn August -!(l, Isd-'S, and died 
 April in, ls4o. His third wite sni-\"i\"eil him, 
 as did also two dan^htei's and two sons, ilie 
 latter lieinu' ( 'ajeh William Lorini:-. whose me- 
 moir appears in this woi'k. and <'liarles (d'e(d\" 
 Lorine'. ]']■.. who was L;|-adualed from HaiAai'd 
 in ls4.S and sei-\-ei| tlii'ee years in tin' (.'i\dl 
 W"ai', liein^ nnistei-ed out with tlii'raid< of hi'e- 
 vet maji">r-general. 
 
 ^Vinie ( ireely, was the daun'htei' of ( 'a|il. .lona- 
 than ( ii'eely, who was killed wdnle defendin" 
 his ship against an iMin'iish I'l-i^ate in the 
 lievolutionai'y wai'. 
 
 Ml'. Lorinu' i'eeei\'ed his pr<'l iin i na ry ednea- 
 tion in the pulilie schools of his iiati\'e eity. 
 He was graduated fi'oni lla]'\'ard ('olleec with 
 the de.uree of ,\. I!, in the class of 1 s;;;) .and 
 from the Har\ai'd hawS(diool wilh f he di'^i'ce 
 of LL.H. in 1.s4j!. .and wasailnntled to the Suf- 
 folk l.)ai' on .Inly (!, of the lallei- yeai'. Aftei'- 
 ward he was admit teil to 1 he ha i' of t he I'nited 
 States Su[(i'eme ('oiu't. at Washington, whei'e 
 he argued a nnmlua- of impoi-tani cases. He 
 ohtaine(l his lii'st aeti\'e pi-actice in 'the coni'is, 
 howex'ei', with the liian of hoihiL;' iV I'elion, of 
 which lie was the juniijr niendiei'. his fdher 
 heine' the lu'ad and William I'ehon the other 
 partner. At. othci' times he was associated as 
 
 CALEl! WTLLI.\M LOUINC ISoston, son 
 of Hon. Chal'lcs (ii-cely Lo|■in^^■, LL.D., 
 and Anna Pierce lii'ace, was hoi'ii .Inly .'H, 
 1819, in Ijoston, Mass., whei'e he always I'c- 
 
 sided. His father was ■ of lioston's most 
 
 eminent lawyers, ami is noticed at haieih in 
 another memoir in this work. His ei-and- 
 father, (.'aleh Loi-in^, was a in'omineid ISoston 
 merchant, and his paternal grandmother, 
 
 CALKI; W. l.OklNG. 
 
 junior counsel with Kuliis ('I ie, IJcnianiin 
 
 I\. Curtis, Sidney ISai'tleti, anil Kichai'd H. 
 J)ana. In eai'ly lil'e he had ,'i l;ii'L;-e !j,cnei'al 
 [irat.'tice and (rieil man\' inipoilant insurance 
 cases, and aftci'sv.ai'd he hecame a Iruslee and 
 attorney toi- estates, wills, and liaisis, repi'c- 
 senting a lai'^e amouid ol propei4\'. lie w.as 
 also larijclv interested in x'anous real estate 
 
216 
 
 THE JUDICIARY AND THE BAT< OF NEW ENGLAND. 
 
 and iiiaiiufai'turiiii;' cciinpanies, ainoiii;' wliicli 
 may he luentioiK'd \\w Fifty Associates ami 
 tlu' I'lyiiioutli Cordai^e Coiupaiiy, of the hittt-i- 
 ot wliieh lie was president. In ]iolitics he 
 was an indej)en(leiit Ivepiihlicaii. lie died 
 ■lanuary 27, ISSHI. 
 
 Mr. Loi'iny was an ahle lawyer, a hrilliant 
 ad\oeate, and a man of rare jirofessional ae- 
 eomplishments. lie a(.'liie\-ed eminent suc'eess 
 in husiness as wcdl as in the law, and was 
 widely respected and esteemed. His snnnnei- 
 home was at I5e\-erly Farms, .Mass. -hinuary 
 lo, 1.S45, he niiui'ied Flizahcth Smith I'eahody, 
 eldest (diild and daughter of -loseph Augustus 
 and Louisa (Putnam) I'eahody, of Salem, IMass., 
 and a granddaughter of .luilgc Samuel Putnam, 
 whose memoir appears on another page of this 
 work. They were the parents of William 
 Calel) Loi'ing, wdiose sketch also ap[)ears in 
 tln'se pages. 
 
 WILLIAM CALFH LORIXG, A. M., 
 a.s^oeiate justice of the Supreme -Ju- 
 dicial ('ourt of Massachusetts, was horn at his 
 gi'andfather's sunniier home in l)C\'e]'ly, Mass., 
 August 24, l.Sol, and is the son of ( aleh William 
 Loring, a grandson of Chai'les ( ireel>' Loring, 
 LL.I)., and a great-grandson of Hon. Samuel 
 Putnam, associate justice of the Supreme .ludi- 
 cial Court from 1J^14 to 1<S42, all of whom are 
 notict'd in memoirs in this work. Mr. Loiing 
 was educated in Boston at the eidel.>rateil pri- 
 \'ate schfiols of I'^liot I\'ttee and F.pes Sargent 
 Dixwcll, anil was graduated fi'om I Iar\'ard ( 'ol- 
 lege in the class of LS72, holding mendiei'ship 
 in tln' Institute of 177<l, the I)rlta Ka[)[)a 1']])- 
 silon, the Phi lieta Kappa, Ihe .\. \). and 
 Hasty Pudding ('luhs. He rowed in the 
 fi'cslimen crew of LS()9, which in a race against 
 Yale, hroke tln' time record, coN'ering the course 
 in l!):2.j. He was also a niendiei" of the I'ni- 
 X'crsity (Vew of 1.S7]. On lea\'ing college he 
 enlereil the HaiA'ard Law Sidiool, frftm wlii(di 
 he was graduated with the degi'cc of LL.I!. in 
 L^74, heiiig admitted to the Sulliilk hai' in 
 
 •June of the same year. Huiing this jiei'ioil he 
 coidrihulcd an important ai'ti(de to the Amei'- 
 ican Law Revit'w. He remained anothei' veai- 
 at IIar\'ard and rectuA'ed tlie degi'ee of A. ]M. 
 in l<S7o, and during the following summer 
 and autumn was pi'i\ate secn'tary to Horace 
 (ii'ay, then (diief justice of the .Massacdnisetts 
 Sujircme .Judicial ('oni't and n(.iw an associate 
 justice of the Supreme (A)urt of the ['nited 
 States. 
 
 WILLIAM C LORING 
 
 On the 1st of I)i'ceiid)ei-, 1.S7."), Mr. Loi-ing 
 was a|)}iointed h\- ('harles IL Train assistant 
 attorney-general of .Massachusetts, which ofKce 
 he filled with gi'cat credit anil satisfaction un- 
 til -July 1. 1S7S, when he I'esigned. He then 
 hecame a law i)artner of .John ('. itopes and 
 •John ( '. (tray under the lii'in name of Popes, 
 Oray ct Loring, until Septenil)er (i, l.si»;», wdien 
 he accepted a scat ui)on the Supreme .Judi- 
 cial Coui't of .Massachusetts. In lS,S2 Mr. 
 Loring hecame the general solicitoi' of the 
 New ^'oi-k and Xi'W Fnglaiid Pailroad Com- 
 pany and late)' the general counsel foi- the 
 receiver, Charles P. Clai'k. He continued 
 in this capacity until .lanuaiy 1. IS.St;, when 
 he resigned, the properly then heing handed 
 hack to the i;oiu))an\-. Since that time he ha.-; 
 
BIOGR. I PHICA L—MA SSA CHVSR TTS. 
 
 217 
 
 ln'fii actively and succi'sst'ully ciii^a^cil in the 
 general ei\'il [)i'at'tiee (if his [H'ofession in lios- 
 lOn. in 1SS() 1k> was aihiiitleil to tlie liar (if 
 the I'nited Stales Suiir(Mne ('(init. 
 
 Mr. ixirinn's jiraet ice, nr rather that (if his 
 lii'ni, ediisisls largely (if eor|i(ii'ati(in and cdin- 
 jneveial law. IK' has (lis[ilaye(l K'gal (|nalili- 
 eatidns of an unusn;dly high (ii'der, and foi- 
 se\'eral years has enjdyed a leading place at 
 the I'xiston liar. Ilis ahility, his hi-dad and 
 coni]irehensi\'e kn<i\\de(lgx' (if the sci(-aice nf the 
 law, his strdng [lersdnal character, and his 
 pciwer as an aihaicate and cdnns(ddr ai'e recdg- 
 nized aiul widely adniiriMl. In August, 1S9!), 
 ^Ir. Lciring was nominated h)' (idveriKir W'ol- 
 eott and confirmed hy the C'duncil as a Justice 
 of the Supr(.'rne Judicial ('ourt, and tdok his 
 seat upon the heneli at I'ittstield. In jidlities 
 he is a Rejiuhlican. lie is a nuanher df the Xew 
 England Historic ( ienealogical Society and of 
 various social organi/,ati(ins, and I'esides in 
 Boston in the winter and in summer at I>e\'- 
 erlv Farms, w hicli ha\'e heen the family homes 
 for many yeni's. 
 
 Mr. Loring was niai'i'ied Sept(aiilier ^"i. 1 SS.",, 
 to Susan Mason Lawrence, daughter of Anais 
 A. Lawrence, (if fSrddkline, ^lass. 
 
 Academy, whi(di he held twd \-eai's. He I'cad 
 law in the (illicc of lion. Andrew Tracy, a, 
 leading lawyei- (if \\'d(i(lst(ick, \'t., wdaav he 
 was a(lmitte(l to the hai' J)ecenilier '1. Ls47. 
 Sddii aflci'wai'd he r(:aiai\'e(l t(i Loston and was 
 adnutled to the Snltiilk hai- July lo, LS4.S. 
 
 I'ossessing nn(a'|-ing legal instincts and a 
 mind thdrdughly disciplined li\' e(lucatidn, 
 Mr. Kanncy was lait long in se(aii'ing, hy the 
 aid (il mental and ph\'sical capacil v f(ii' uiii'e- 
 
 
 ".i-*. 
 
 /'^'^"^^S^ 
 
 •r 
 
 €^m 
 
 ./■.m.~fM 
 
 % 
 
 .■j**C3» 
 
 H 
 
 c\ 
 
 ilH 
 
 
 A>nikubE A. KAiN.NEY. 
 
 A 
 
 MBJiOSL ARNOLD UAXXLY, Hdston, 
 was the sixth son of Li'. W'aitstill L. 
 and I'lidche {At\\'(i(id) Uanney, and was hni-n 
 in Tdwushend, Windham cdunfy, \'t., April 
 10. LSI:!!. Ilis father was the leading physi- 
 cian df that tdwn and a dcsc(ai(lant (if (iiie (it 
 the oldest and most prominent families in 
 Xew iMigland. Dr. Kanncy was alsd li(ait(ai- 
 ant-gdX'eiaidr df A'ci'innnt two tei'ms. 
 
 Mr. Kanncy was litte(l fdi' cdllege at the 
 Tdwnshend Academy. In l.S4() he eidei'(.'(l 
 Dai'duduth and «-as gra(luate(l th(.avfr(im with 
 high hrmoi's in LS44, ain(ing his (dassniates 
 being lion. Ilar\ey .le\\(dl and Hon. .Mellen 
 (.'haudierlain, of the Bostdii hai'. Jmmeihately 
 after graduating IMi'. Kanncy accepted an ap- 
 [lointnaait as [iiKicipal of the ('hesl(M' (\t.) 
 
 milting work, an e.xtensi \'e and !ucrati\-e jirac- 
 tic('. His legal atfainnuaits i-apidly hrdught 
 him intd pi'dunuence and ga\'e him a |ilace 
 arndug the leadei's of the Suffolk liar. He was 
 emineidly successful. In X'^Wl he forna'd a 
 copai'tnei'ship with Nathan Mnrse, which c(in- 
 tinued under the style (if Kanncy tt 3ildrse tiir 
 many years, hccdniing (ine (if the host kiaiwn 
 law lii'ms in Massa(dnrsetts. Mi'. Kanncy was 
 (ii'iginally a Wdiig, liut. Iiecame a Kejiuhlican 
 sddii aftei' the (ii'ganizatidn (if the pai'ty, and 
 in N'ai'idiis capacil ies ser\'('d it with credit and 
 hdUdi'. He was city sdlicitor of lidsldu in 
 L'^o") ,'111(1 lS."){i. a l'e[il'('scntati\'e te the Mass.-i- 
 chusctts Legislai are in LS-IT, LS(i;> aial ls(14, 
 and a memhei' df the Ldi'ty-scN'eidh, Ldi'ly- 
 eitfhth. and Lorl \-ni nth ( 'dULii'esses h'diii the 
 
318 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 old Tliird ccingi'essional district, serving tVdni 
 M;irdi 4, ISSl, to Mandi 4, ISST. In the Na- 
 tional House of Representati\es at Washing- 
 ton liis legal attainments wt're early reeog- 
 iii/.ed, and few members \\-erc accorded a more 
 general and attentive hearing in tlie discussion 
 of (questions i-e(|uiring legal study to unra\'el 
 and expoun(h During his tir.st two terms he 
 served on the committee on elections; during 
 his third term he was a member of the judi- 
 ciary connnittee and ehairiiian of the special 
 conninttee to in\'estigate the Pan Klectric 
 scheme. He also rendeivd \alua))le service 
 in the investigation of frauds and in the inter- 
 est of fair elections and a fair Vxillot box. 
 
 Mr. lianney came to tlie bar thoroughly 
 equipi)ed for the work of his profession. ( )n 
 liis father's fai'm in Woodstock, \'t., \\lie)'e he 
 spi'ut the first nineteen years of his life, he 
 ac(|uired a strong, robusi constitution. Dur- 
 ing his academic and collegiate course he not 
 only laid tlie foundation upon which lie Imilt 
 an honorable career, but dc\-eloped those (jnal- 
 ities that won foi- him a, leadership, esjieciallv 
 as a jury lawyer, at the ^lassaebusi'tts liar. 
 On coming to Boston be was foi- a time a 
 teacher in the Jjriinmer (irammar S(diool. but 
 soon estalilisbcd biiiiself in the [iractice of the 
 law, ami for iiumy years de\'oted himself al- 
 most entirely to his pi'ofessional duties. He 
 was also a jirominent figure in the politics of 
 the ( 'ommonweallh, but after completing bi.s 
 third term in (_'ongress gave liis wlioje atten- 
 tion to his legal busines.s. He was univeisally 
 re.sjiecteil and esteemed, and as a Ia\\'ver and 
 citizen enj<iyed tli<' contidene-e <if tin.- entire 
 community. He \\'as one of the oldest mem- 
 bers of the ( 'luircli of the I'nity ( rnitaiian), in 
 JSoston, a ffiundation miaulier of the Hoston 
 l>ar Association in 187*!, and died March o, 
 1.S99. 
 
 Mr. lianney \\'as mai'j-ied Di'cember 4, Ls.'jO. 
 to Alalia I)., daughter of Addison and Maria 
 (Jngals) kletcher of ('a\'enilisli, \'t. Their 
 (diildren wei'e Fletcher. Maria V., Helen M., 
 and .\lii/e (.Mrs. 4diomas Allen). blelcjier 
 iJanneN' was graduated from Ilar\ard ('ollege 
 
 in iss;], and from the Boston University Law 
 School in bSSd, and is now a succc-^sful lawyer 
 ill Boston. 
 
 /~^HAi;LESSrMXf:iniA^HJX,ofBo.ston, 
 
 \ ' ex-assistant secretary of the United States 
 
 Dreasurv during the second administration of 
 President Cleveland, was born in Boston, A\\- 
 
 gust ••'.d, isin. 
 
 The Pbimlin fiinily constitute one of the old 
 Massachusetts families wdio settled on (.'ape 
 Cod in that State. 
 
 .lames llaiidin was the first of that name. 
 He \\as the sou of (liles Hamlin and grandson 
 of .bihn Hamelyn of Corn^\■all. He settled in 
 liariistable in the spring of KJ-'jtJ. He ilied in 
 
 CHARLF.'i S. H..\MLIN. 
 
 1G!H). His son. bdea/.er Ibimlin. -was liorn 
 .March 17, If)")!!, ill Barnstable. He served in 
 ('aptaiii (;<irluim'- (ompaiiy in King Philip's 
 war. His sou, Isaac, was born in Barnstable, 
 .Vugust 1^11, l(;7n. His son, Elea/.er, \\-as born 
 May -14, 17:^:], and died December 1, 1.S(I7. 
 He was a \-ery [jrrnniiK.ait man and ser\-ed as 
 major in tlie l;e\-oliit ioiiary war. At the (.-lose 
 of the \\-;ir be mo\-ei| to I larvai'd, .Mass., where 
 bis homestead remains standing at the ])resent 
 
niOGR. I PHIC. I L.—.ILISS. I CHUSIi TTS. 2 1 
 
 time. lie IIkmi iii(i\L'(l to Wcstlnril, Mass., :iiiil scrrchiry of llic I'liilcd Siat(_'s 'J'l'casury, and 
 died there. His sdii, .\sia, li\ed and die(l in ser\'e(l (lii'du^lniut tlic ailniinistratidii. 
 A\'estford, Mass.; he ser\-ed in tlic war ot 1 Si ■_!. ddie passage iif tlie new tai'ill' law dni'iii;^' Ids 
 Asia's son, Nathan Sunniei' Handin, li\('(l and a(hninislratioii (if eu.stnnis all'airs phiced upon 
 died in \\'estl'(ird, ^hiss. i ic was a man of ni'eat Mr. Hamlin's shoulders a \ast i'es|)onsihiIit\', 
 prondnenee in tlie eomnnniitw lie scrN'ed \\ld(di i'(M|nir('(l the exercise of the keenest 
 for many years as seleelm.an, iiioderator, and jndninent and tlie most uidii'ini;' iiidustr\' for 
 in oilier town olliecs. lie was a memhcr of its dis(diai\ni'. The (diani;(^ of fai'iff ])olie^', 
 the State Legislature, and as a I)('miii'i'at, \'otcd suhstitiit inij,- ad \'aIoi'em sehoilnles for sjiceillc, 
 for Charles Sunmci' t'nv I niteil Stales scnatnr, n|)iaie(l ureatri' oppoiliinitics to those disposed 
 thus assuring his election. I" defraud the iv\'enucs, and to those under- 
 Edward Sunnier liamlin.in the se\eiilh ^eii- \'aluation ahiises ^fr. irainlin de\'ote(l himself 
 eration, was a prominent merehant in the city with iintirini;' /.eal. During' his incumhency 
 of lioston. He man'ie(l Anna ( ierl I'ude ( 'diiroy, of oHice the (aitirt' accciuntinn' system of (he 
 and liecame the father of the siilijeet of this I'nited States Treasury was (dian^eil and .Mr. 
 sketch. Jledied in ISSS. )ilrs. Ilaiidin look Hamlin was appointed to rejiresent theseci-e- 
 a zealous interest in educational affairs, and tary of (he treasury to ciinfci' with and assist 
 gave much time aiul energy to the [luhlic in- a commission apiiointed liy ( 'ongress tij arrange 
 stitutious and es}>ecially the ]ia)>lic schools of a iie«' system of accounting. 
 Boston u[i to the time of her death in l.s,S2. Mi'. Handin de\'oted rnutdi attention to the 
 Hanuihal I lamlin, \'ice-]iresident of the I nitcil {|uestion of the seal Hsheries of ISering Sea 
 States under President Ijincoln, and I)i. ('yrus wddle in otiice arid lahored zeahnisly in the 
 Hamliu, of Lexington, Mass., former [iiesiilent effort to jirocure more ade(]uate [U'oteetion for 
 of Roherts Cfdlege, Constant ino[)le, ai'c of the seal herd than is atfordeil hy the regula- 
 tlie same stock, and closidy I'elated to Mr. tious adopteil hy the Pari.s 'J'rihunal. During 
 Hamliu. the year 1<S94 he went to Alaska, journeying liy 
 Young Hamlin was fit(cd for college at. the sea over the wliole t-oa.st'linc and sjiending 
 Roxhurv Latin School, and entering Harvard ten days upon the Frihilof Islands in Beiiiig 
 L'ni\'ersit\' was graduated in the class of 1 SS;]. Sea. Retui'iiing he made an exhaustive re- 
 Choosing the legal pi'ofession, he entered the jiort u}iou the present coudition of attiiirs in 
 Har\'ard Ijaw School and graduated from that Alaska. He also de\Tited much time to the 
 institution in lHXt>. Lie also recei\'ed the de- relations of the consular .service to the customs 
 gree of Master of Arts from Ilarsaiil the same and his constant aim was to increase the effi- 
 year. He immediately hegau ]iractice in I>os- ciency of our representatives ahiriad hy sirnpli- 
 ton and continued it u}i to (he time of his ap- lying and systematizing thcii- duties in con- 
 pointment as assisiant seci'etary of the Luited nection with the customs ser\'ice. lie resigned 
 States Treasury. In 1 SS(i, and again in LSST, the [)Osition of assistant secretary in April, 1 sy 7. 
 he was nominated as a I)emocrat foi- the State The da)' after his resignation as assistant set're- 
 Senate, hut was defeated in ea(di insianee. tar\', he was offereil the position of connnission- 
 Mr. JLimlin was nominate(l hy acidaination in ci-of the Lniteil Statics hy ['resident McKiiilev 
 1892, hv the Democratic Stide ('on\-ention of to ser\'e wdtli the Hon. .lohn W. Foster, ex-sei'- 
 ^Lissachusetts, for secretarx' of state. He was retary of state under Lix'sident Ilariason, in ne- 
 associated on tlie ticket with (he late ( lo\'. .gotiating for a satisfacttiry settlement hy ti-(.'a(y 
 "William K. Russcdl, hut wdth the rest of the or otherwise of the hii' seal coii(ro\-ersy Let ween 
 ticket met with defeat, although (io\'ernor (he I'liitedStates, ( (real iSritain, -lajian and Rns- 
 Russell was elected. Li April, ]><!)•'!, he was sia. He acccjited (he pi.isiiion. His t-olleague, 
 appointed hv Rivsident ('leveland, assistant Mr. Foster, at once went to Russia while Mi'. 
 
220 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 lianiliii wont tn Japan to confer with the ,^i)\-- 
 ernnient of Ja[ian upon this matter. Uetui'n- 
 ing from Japan, he was apjtointed witli lion. 
 John W. Foster and Prof. ])a\i(l Stan- Jonhni, 
 of Lt'land Stanford riii\-ersity, California, a 
 delegate witli full powers to a convention held 
 in Washington, Xovt'ndier, 1st) 7, hetween the 
 United States, liussia, and .lajiaii. A ti'caty 
 eo\"eri!ig all (piesti(.)ns relating to the fur seal 
 fisheries of Uering Sea was entered into at this 
 convention and signed liy ^fr. Ilanilin and his 
 colleagues in the name i:)f tln' United States. 
 iVftei' the coii(Jusion of this ti'ei|iy> ^I''- Ilamlin 
 was appoijileil ])y President ^McKinley as a 
 delegate, together with Prof, -lordan, to a con- 
 veidion Ijetweeii ( ireat Ihitain and tin' Umted 
 Stati's, ("died to settle all (piestions, scientilic oi' 
 otherwise, in connection with the fur seal i;on- 
 ti'oversy hetween Great liritain and the I'lntcMl 
 States. ^[r. Ilanilin was elected presiding 
 ofticer at this con\'ention, wddiJi was attended 
 l)y Hon. John W. l'\)ster, Piof. .lordan, Sir 
 WiltVid Laui'ier, Sir I^ouis J*avies and Sir 
 •lulian Pauncefote, the three latter represent- 
 ing (li'c^at Prilain. As a result of its delihera- 
 tions, an agreed statement of facts was drawn 
 up co\'cring all dis[)uted points and signeil hy 
 all the delegah's. 
 
 Mr. Hamlin early gave his aiteidion to ec<j- 
 nomie fjuestions and especially de\'oted him- 
 self to the suhject of the tarilf. In the fall of 
 l.S9(i h(.' was the hrsi Democrat hohling otlice 
 under the national adnnnist rat ion to repudiate 
 the so-called Democratic conxention which 
 nominated Mi'. Bryan for president. Jle later 
 puhlished a paper in Harper's \\'eekly, in 
 which he denounced the platform on wlii(di 
 Mr. liryuii was nominated. 
 
 In .lune, ISIMI, Mr. Jlamlin ilelivered an 
 oration at the c(;imiiienceiiienl exercises of the 
 Washington and Lee riux'ersity of Li'.xingfon, 
 A'a.. hefore (hi' ,ji">iiit litei'ary societies of the 
 uni\'ersiiv. In r)ecemher of (hat year he re- 
 ceivi'd (he hoiioi'ar\' degree of Docior of Laws. 
 
 Mr. Ilanilin was mai'ried .luin' 4. ISIIS, to 
 Miss lliiyltci'de Lansing I'ruN'ii. of Alhaiiy, 
 New ^'ork. 
 
 Since linishing his work as a commissionei- 
 or the Lnitcd States, Mr. Hamlin has devoted 
 himself to the practice of law in Boston. Pie 
 is a iiiemher of the council of the Bar Associa- 
 tion of the city of Boston. He is also a vice- 
 l)resident of the New iMigland Free Trade 
 League, of the Young Men's Democratic Cluh 
 of Massachusetts, of the Mas.sachusetts Peform 
 Cluh, and a meniher of the New York Reform 
 Cluh and of the Civil Stavice League, and is 
 president of the Anti-Douljle Taxation League. 
 He is president of the A[)ollo Cluh. one of tlie 
 leading musical associations of lioston, and is 
 a inernher of the Pnion, Uni\-ej'sity, Ta\'erii 
 and Exchange Cluhs of Boston, of the Fniver- 
 sity Cluh of New York, of the Metr<niolitan 
 and Cosmos (Juhs in Washington, and of the 
 St. .lames ( duh, .Montreal. 
 
 SELWYX ZADOCK B(.)WMAN, Bo.sfon^ 
 son of ZadoiJv and Uosetta (('ram) Bow- 
 man, was horn May 11, 1 SJO, in ( 'harlestown, 
 now a jiart (if Bostcjn, Alass., wJiere his father 
 was eiigagXM] in the wJiulcsale and I'ctail gro- 
 cerv husiness. His paternal grandfather was 
 a resident of (Aaiter Harhor, X. IP, and his 
 original American ancestor, Nathanitd Bow- 
 man, settled at Watertowii, then called (Jam- 
 hridge l'"arnis, Mass., ahout IdoL and suhse- 
 (pieiitly removed to Fast Lexington, wJierehis 
 ancient liomest(.'ad still stands, an interesting 
 laiidniai'k of early colonial days. 
 
 Mr. ISowman was educated in the puhlicand 
 high schools of Chark'stown and at Harvanl 
 College, fir)m wdiitdi he was graduated in the 
 class of 1,S(>(I, ha\'ing as classmates John Toi'- 
 rey Morse, authoi- nf "The Law of Banks aiiij 
 ISanking," "The Paw (.)f .\ rhitration and 
 Award," a " Pife of .Mexander Hamilton." 
 and liiogra}iliies of Thomas .lefferson, Benjamin 
 j'^ranklin, .lohn .\dams, and others; Pleni'v 
 Austin ('lap}i, the well known Shakesperiaii 
 lecturer and clerk of the Su[ireme .ludicial 
 ('oui't for Massachusetts; Tliomas Sherwin, of 
 Boston; and Hon. (teorge F. Adams, meinher 
 
niOGRA PH/C\ I L—MA SSA CHUSE TTS. 
 
 221 
 
 ot congress ti'om ( 'liicai;(). ()ii IcaN'iiiL!, (.■nllc^c 
 Mr. I)()Wiii:\ii loiik iqi the stuily of law in ISns- 
 tou with lion. I)a\'iil lla\-cn Mason and al'lcr- 
 wanl i'nt('n'(l tln' Ilai'N'ard Law S(;lioiil, fVoiii 
 which he i'i'cei\'(.Ml the ik^m'i'c of LL.H. in IS(i;!. 
 In the mean tinif, in iSdi', he had Ix'cn ad- 
 niittrd to the Suffolk har, and later he was ad- 
 nnttcil to thr har of thr I'niti'd Slates Supreiiie 
 Coui't at Washington. lie lias lieen aeti\'el\' 
 
 hELWVN Z. l:u\\ M.A.\. 
 
 and sueeessfuUy engaged in tlie general pi'ae- 
 tiee of Ids ]ii-ofession in lioslon foi' a period of 
 thii'ty-si.x years, jjuilding up a constantly in- 
 ereasing husini'ss, and dex'elopinc' Ic'C'al i|ual- 
 ilications of a luLili oi'dci'. < )f late years he has 
 l)een largel}' identified as liaislee with ini|ioi'laid 
 frust estates. 
 
 He has resiiled iu Soiiiei'ville, Mass., since 
 l.Sod, and was a i'e[)reseiitati\'(' fVou) that town 
 to the lowei' house of tlie .Massa(di uset ts Legis- 
 laturein ISTH, ISTl and 1 sy.! and to the Stale 
 Senate h'oni the Second .Middlesex disti'ict in 
 ]S7(i and 1<S77, Jll the lattci- hody he was 
 chail'niali of the Iloosac TinuKd counnitlee 
 whiedi had the vexatious tollcate i|ueslions 
 undei' eonsideratifiii. lie was a iiKMuhei' of 
 coiici'css fVoni tin.' rild fifth .Massachusetl-; dis- 
 trict twotei'ius (1 SS0-S4), and in that capacit\' 
 
 ser\'ed as a nienihel' of the coininittee on claims 
 duiiiic the four years. As congressman lie 
 made a hi-illiant record, taking a, ])roiiiiiient 
 and an acti\'e part in the lai-ilf and other de- 
 hates, and achie\-ing distinction as tlie author 
 of " An Act lo alloi'd r(dief to ( 'ongress and the 
 exe(aiti\'e depa I'iiiKads in the investigation of 
 (daims against the go\-ei'ninent." This meas- 
 ui'c was di'aft(.'d and iiiti'oduced hy him and 
 through his elforts and iidluence was jiasse(l 
 and heeame a law, ami has e\'er since lieen 
 ipioted in legal prot'cedings a.s "the ]>o\\'man 
 hill." It is one of the \-ei-y few instanees in 
 the history of the counti-\- where a hill has 
 legally home h'oiii the time of its introduction 
 the name of its author, as this one has. 
 
 In pidities Mr. ISowinan has always heen an 
 ardent Kepuhlic;m. Jle has gaine(l distinction 
 as an (doipKaif campaign orator and jiuhlie 
 speaker, and in the law as well as in legisla- 
 ti\'e matters has displayeil emiiH'iit al)ility, 
 good judgment, and hroad leadership. He was 
 th(.' lirst city solicitor of the city of iSomerville, 
 and afterward sei-\"ed foi- niiu^ years in that 
 ("ipaeity, ]-esigning in 1S!»7. I le is a founda- 
 tion memher of the ( 'entral ( duh of Somerville, 
 a memhei' of Soley Lodge, V. it A. AT., an hon- 
 orary memlii'iand jiast master of John A].ihi)tt 
 Lodge, 1'^. iV; A. M., and a memher of Somer- 
 \dlle (.'hapter, U, A. M., and of Cceur de Lion 
 (.'ommandei'y, K. 'V . He is also a memher of 
 the Boston liai' Assoeialion. 
 
 Mr. ISownian was mai'rie(l .lune 20, LSdd, to 
 Martha J']., daughter of Lowell and Sarah 
 (Meade) Tufts, of Lexington, Ahiss., and they 
 lia\'e two daULihters : Ahdud and I^thel. 
 
 T^ ehesll 
 
 LKi;i:i) CLARLXCL \I\T(.)X, Wiii- 
 r ami ISoston, coiiN'eyaiicer for the 
 Meti'opol itan W'atei' Hoard, is the son of Lew 
 John Adams and Lain'inda (Kiehardson) \'in- 
 ton, and was horn in Stoiu'liam, Mass,, Juh' 
 It), ls)4. lie is deseendeij in (he eighth g<'ll- 
 eration from .lohn \'inton, w ho was li\'ing in 
 Lvnii in 1 (i hS, and on his iiiolhei''s side fi'oni 
 
222 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 Sainuol liicluirdsoii, (Uic of tlircr lirnllicrs, wlm 
 st-'tikMl in \V()l)urii aliout 1041. His ,oi'aii(l- 
 fatlicr, .losiali \'iiitoii. a proiiiiiiriit Hoston 
 inerc-luiiit, iiuiri'icil H-tsfv Snnw (iilcs, of Uock- 
 liort, Mass., ami dit'd in IS.IT. U(.'\'. -lolin 
 iVdanis \'inti"in, son of .losiali ami fallicr of 
 Alfred ('., was i^radnatcil from Dai'fmontli 
 College in 18l^.S, and liccanu' a (dci'^yman in 
 tla' ( 'onn'r('_!j,'ational (dnirrli. lie rctiivil from 
 tlif ministry in 1S4!) and dii'(l in 1.S77. lie 
 
 .\LFRED C. \IXTON. 
 
 was one of the first to interest hinisclf in nen- 
 ealoifical researeli and for many years dex'oted 
 his t'nern'y to this worl<, hceoming the antlior 
 of the \"inton, (iiles, Symmes, I'liton, Samp- 
 sou, Riehardson, and otlici' family memorials. 
 Of these tlie N'inton and (dies memorials c-s- 
 jiecially eontaincil n'enealoi;irs of allied fam- 
 ilies. 
 
 Mr. N'inton is deseended from -lohn and 
 I'riscdila (Mullins) Allien of the MayHowe]' and 
 from many other i-arly settlei's of Massaidni- 
 setts, and from these long lines of aneestry he 
 inherited the intelleetnal traits of a ty|jieal 
 New Englander. Jle reeei\'eil his tii'st eduea- 
 tion in the Stoneham puhlic sehools, and in 
 iSo!^ eame with his parents to ISoston, wdiere 
 he was ^raduated fi'oni the Lawi'enee (ii'am- 
 
 mar Sehool with a Fianklin medal and from 
 the ]]oston Latin .Sehool in iStil^. I)i I8(;(i he 
 was gi'ailuated with honor fi-om Harvard Col- 
 lege, after a regular foui' yeai's' eoiii'se, holding 
 membei'ship in the Phi JSeta Kap})a, and the 
 Christian ISrethren Society. Among his elass- 
 matt's were Samuel A. I]. Ahhott, Williiini P. 
 r>lake, William A. Hayes, Moorfield Storey, 
 Chai'les E. Stratton. ami -John L. ddioriidike, 
 of the iJoston hai'; I'rof. Samu(d C. ])ei-l)y, Di-. 
 Thomas J'. Shaw, I'lof \\'illiani (J. Fai'low 
 and others. Three yeai's later, in ]H(j!(, Mr. 
 A'inlon reeei\'ed from Har\'ard the degi-ee of 
 A. M. in course. After leaving college he 
 taught school ahout three months in Ahing- 
 ton, Alass., and tor two years was suliiiiastei' of 
 tln' oM I'ai'k Latin S(dioo] in Hoston. \\\ \\\- 
 gnst. lS(;s, he entered the la w office of the late 
 Charles Theodore Itussell of ISoston, where he 
 remaine<l until ]\la]-(di. lS(i9, wdien he hecame a 
 student at the LLirvard Law School. ( )ne vear 
 latei- he eidered the Ijostoii ofhce of Edwai'd 
 Sprague Kand, father of ( 'ol. A. A. Land, a]id 
 on .lanuai-y :21, LsTl, he was adnuttcil to the 
 Snflblk hai'. hi ALirch tViliowing hi' hegan the 
 acti\-i' [)ractice fjf his profession in Bostf^m 
 alone, and so continued nihil Alarch, LSXT, 
 having as his office associates George Putnam 
 from LS71 to LS74, and Ceorge ^L Reed from 
 LS74 to March, LS,S7. Jii March, Ls«7, :Mi'. 
 \'inton l)ecame counsel of the ALissachusetts 
 'Litle Insurance Company, of J^ostfin, and con- 
 tinued in that capacity with g]'eai credit and 
 satisfaction until Eeliruary, lS9o, wdien he re- 
 signed and formed with Ai'nold A. Rand, .lohn 
 ]>atlirop \\'akcfi(dil, and Edward A. Wilkie the 
 piesent law firm of Rand, Adnton tt Wakefield. 
 All of these associates had heen pronnnently 
 corniected wdth the Massaiduisetts Title Lisur- 
 ance Coiujiany, Colonel Rand having heen the 
 manager. 
 
 Asa lawyei' Mr. \'into]i has achieved ;i lead- 
 ing jilace at the Loston har, and is regarded as a 
 man of liroad and accurate learning, of sound 
 judgment, and of unsw-er\-ing integrity. His 
 pi-actice has heen largely in the line of prohate 
 law, conveyancing, etc.: in conveyancing e.s- 
 
BIOGRAPHICAL. ^MASSA CUVSli TTS. 
 
 223 
 
 [)ecial]y lii' Ims won a wiile i-i'putation, hcini;' and scttliMl in Massarlnisclts, and from ilic 
 recoyni/.od as oni.' of the l)t'st and alilcsl law- elder nf tliciii t he siilijccl of this ai'i i(d(' is (le- 
 vers i'ni;a,u,('<l ill tliat liraneh in castci'ii Massa- scended. 'riicnann' 'I'rll, as sliowai liy I'ccords 
 cliusi'tts. lie has liccn coiu'cyanccr foi- the of real cslalc ti-ansfci's, was I'tdained foi' two or 
 ^[eti'0])olitan Water Hoard since Deeemhei-, flii'ee ^enei'al ions, when foi' some i-eason it was 
 lcS9."), and in this eajiaeity has |iei'forme(l an ehaiii^cd to 're(d. In 1 S(;7 Mr. 'I"(.'ele addeil 
 
 the liiial "e," siiiiply as a iiiatfei- of taste, and 
 the [ireseid s|]idliiiL;- has since lieen ado[)teil, so 
 
 immense amiumt of work in connection with 
 various \\'atei' systtans within the disliact con- 
 trolleil liy the lioard. He i-esided in liosloii fai' as known, hy all jiei'sons of that name in 
 from XX'yl to ISTH, and since then in Wdiadies- X(.'W ICnu'land. 
 ter, ^Fass,, wdiere he was counsel tor the Win- 
 chester Sa\'in^s Hank fr<"im iSTo to lss7, trus- 
 tee of the \\'in(dieslei' To^'ii Lihi'ai'y f'oi' six- 
 years, and a deacon of tin.' \\'in(diestei' ( 'on^re- 
 jj,ational (diui'ch from Issl to -lannai-y, ISDI), 
 wlien hedeidincd re-election. In polilies he 
 has always heen an ardent l;e|>iililican with 
 decided convictions, hr.t has seldom taken :in 
 active part in political affaiis. |)|-efcrrinu to 
 deviiti' his wdiole lime and energy to his pi'o- 
 fession. lie was for s(]me time an ollicial 
 iiKaiihcr of the Mystic \'allc\" ('lul>, and was 
 ]on_n' a memhei' (if the ( 'onyreual ional ('Inhoi 
 ^lassachusetfs, of \\dn(di he was se(a'etary li\'c 
 veai's. Hesides occasional c(ad.i'ihiiti(ais lo (he 
 newspajiei's he wrote for a local |iulilical ion a 
 historical iiKanoii' of the tannly ol Ivlwai'd 
 (.'onvers. one of the oia^inal settlers of Wolnnai. 
 He i< M liKMIllKa' oftlie Hoston Hal' . \ss( ici.'i i Kill 
 
 and of i he Ahsiract ( 'liih of Hoslon. 
 
 Mr. \'intoii was maiaaed ()ct(ilier 11. |.S7'_', 
 to iMiima I'^ranccs Mills, daughter of llie lale 
 James .Mills of Hoston. and of their Ihree cliil- 
 (lr(ai one is li\iii,e-, \d/..: Mahel Laiiniida \'in- 
 ton. a siudelii at Kadcliffe ('o|lej4C, (dass ol 
 191)1!. 
 
 JOHN O. TEELE, 
 
 -Mr. 'r(.'cle was ]ire|iare(l for c(-(llee-e at the 
 New I lampion ;iiid New Hondon Aca(l(aiiies in 
 New Hampshire, was ad\-aiiced as lielow, and 
 immediately aff(a' castinn' his tirsi \-ote for 
 Ahraham Hiiicoln for presi(|(ail in 1S(;() w(ait 
 to New ()rleaiis, where he (aiL;an-e(l in teacli- 
 inc' as pri\-aie tutor. There he sp(ai( his 
 leisure in reading law in the ofiice of .Indali 
 H. iMaijam ill, aial I liiis comhined the \'ocaf ions 
 
 JOHN OSCAl; 'IdOELK, lioston, is the son of teacher and lawstndcnt to his last iiit;' l.iai- 
 of Sammd and J'^llen (diac(' ((1(MiL;h) dit. The excilemiail due to the secession of 
 Teele, and was horn in Wilmot, N. H.,.liily S(ai(li(a'n Slales, and I he iiiahility of h is fri(ai(ls 
 IX, Hs;;;). The fimily on his father's side is in the S(aitli loprolecl h i iii from hei nu ( I rafte(l 
 of Swiss origin, and on his mother's .Mr. Tecde into Ihe ( 'on leilerale army, comp(dle(l him (o 
 is of JMi^lish (lesc('nt. ']A\'o hi'others named return north in the siiiiimer of Isdl. He 
 T(dl came fl'om * 'anton of Heme, Switzerland, passe(| d'(ainessee and l\(aituck\- on Ihe last 
 
 in tlieearlv part of the se\'eiiteentli ccnliiry, (rainlhat was allowed to ^o throiiijh until the 
 
r,u 
 
 THE JUDICIARY AND THE BAR 01' NEW ENGLAND. 
 
 close of tin- wai', ami soon aftiT ai'riviiin' in his 
 native State entered the \i\\\ otHce of the late 
 Jud^e (leorii'e \V. Xesniith at l'"ranklin. lie 
 also studied with Austin F. Pike and ])aniid 
 ])iirnard, of the sa.nie place, and ^\'as admitted 
 to the New I[ani})shii-c har at Coneoi'd in l.S()-J. 
 In that year he enlisted in a Dartmouth ( 'ol- 
 len'e company which became pail of a Rhode 
 Island S(|ua(lroii of ca\'alry, and w;is servin,i; 
 as clerk of a, court martial at ^\anchester, \'a., 
 when that city was abandoned in Se[)tendier, 
 l<S()*2,the force retiring to Harper's Ferry. He 
 \\'as one of the ca\'alrymen wdio escaped from 
 nar[>er's Ferry the night hefort' the surrendei' 
 to (leneral Jackson and two days ]irior to the 
 battle of Antieiaiii. 
 
 In IcStJ.") Afr. Tcele, lia\-ing ])een honorably 
 discharged after his term of enlistment had ex- 
 pire<b began the active practice of law at Hills- 
 boi'o Bridge, N. II., as a partner of Hon. .lames 
 F. f>riggs. This copartnership lasted until 
 l.SliT, and during t\\'o or three years of that 
 time Mr. Teele served as treasurer (if Millsboio 
 county. He had l)een adnntted to tlie Middle- 
 sex bar in Massachusetts in \Xi\'l, and in lS(i7 
 he removed to I5oston, where he has since ])een 
 engaged in the acti\'e [)raetice of his profession. 
 In 18();> he foi'uied a paitnei'ship \\'\t\\ Hon. 
 diaries U. Train, memhei' of congress and 
 attorney-general of the Commonwealth, wdiich 
 continued under the lirm name of Ti-ain ct 
 Teele until iMr. Train's death .July 2;), Iss.",. 
 Since then Mr. Teele has practiced alone. He 
 has had a large and sui-cessful business, with 
 no s[)ecialty, except jieiliaps in ad\-isiiig towais 
 and cor[iorations. Asa morilier of tla/ Iowim' 
 house of the Massachusetts Legislature in I.SSli 
 and 1SS7 he ser\'ed on t he . judicially cormuittee 
 and estal)lished a high reputati<iu. He decliiu'il 
 a third term. IK' is a dircctin- of the W'iniii- 
 siminet ('ompaiiy, of the Atlas Mutual Jiisur- 
 ance (Jompany, and of other corj)orations. 
 
 Mr. Teele matriculated at Hartmoutli ( ol- 
 lege and was ad\'aiiced two years, but his col- 
 legiate course was interrupted by the war. 
 After the close of the Rebellion, h(jwe\'er, that 
 college confen'cd u[ion him an honorai-y degree. 
 
 He is a member of the ISoston Ai't ('lub ami of 
 the Masonic fraternity, and has been a mem- 
 ber of the Boston Bar Association since its es- 
 tablishment in f.STd. February 2.S, IS(;,S, he 
 married Mary Rage Smith, <laughter of Lewis 
 Smith, of W'altham, Mass. They ha\'c one 
 son li\ung, Arthui' Rage Teele, wdio was Ijorn 
 •luiie 24, I.S74, in W'altbam, \\-as gi-aduateil 
 from the lioston Latin ScIkkjI in isstl ami from 
 Har\-ard ('ollege in l.S9o, attended the Boston 
 Law S(dio(d, read law with his fatbei', and was 
 admittt'd to the Sulfolk bar September '!'.), 
 1.S9S. 
 
 ELMER RARKFR IB )\\'E, Bo.ston, is the 
 son of Ai'cdiidaus ami II. .laiiette (Ib'ig- 
 liam) Llowe, and was liorn in ^\^■stbol•(.l, 
 
 -> 
 
 1 
 
 m 
 
 
 
 
 '■ ^E^Ik ' 
 
 'i- 
 
 ■'■■"'■'. \W, 
 
 
 EI.MER r. HOWE. 
 
 Mass., Novendier 1, IS.IL He attendeil the 
 |)ublic schoidsof Worcester, .Mass.. whither bis 
 parents had removed wdieii he was young, and 
 was graduated b'om the W'orcestei- Rolvtechnic 
 Institute in Isyi. The ne.\i year he entered 
 Yale ('ollege, where betook high I'ank as a 
 scholai', and from w Inch hi' was graduated in the 
 ela.ssof 1S7(;. On lea\'iiig college helx'gan the 
 
BIO GRA FHICA L—MA SSA CH USE T TS. 
 
 225 
 
 study of law in IJostoii in the oltiec of Ililhii'd, 
 Hyde it Dickinson, tlicn one of the Icadiui;- law 
 firms in eastern Massachusetts. lie also took a 
 course of lectui-es at the ISoston I'nix-ersity Law 
 School and was adniitte(l to th<' Worcester hai' 
 m Septeniher, 1S7S. In.lanuary, 1S7!), he he- 
 came a mendier f)f the hrm nf 1 1 il lard, 1 1 \(le & 
 Dickinson, wdiich w as (diaiii;cil to Hyde. Dick- 
 inson ct Howe after the death of (ie(]rL;c Still- 
 man Hillard. wdnch oecui'rcd (in the -!l si of t he 
 same month. The ]iai'tiierslii|) was hnally 
 dissoh^ed in -lanuary, 1 SSI), and since then Mi-. 
 Ho\Ae has [)ractic(.'il alone. 
 
 Mr. How(.' has di'N'otcd himself chiclly to the 
 jirat-tice of patent and coipoi-ation law. and 
 ilui'ing his career at the har has hccn coiniccteil 
 \\'ii\\ many im[)ortant eases. In politics he is 
 an iiiilepi.-ndeiit with Kejiuhliean pi'oid i\itii.'s, 
 hut he has al wa\"s de(d ine<l puhl ic oHice, pi'e- 
 ferriiiL;' the uninf<'rrupteil practici' of his pro- 
 fession. He is a memherot the I'liion, I ni- 
 N'crsity, and ('ountiy ('luhsof Hostoii and of 
 the ]>oston Bar Association, In w hicli he was 
 elected in Issfi. He i-esides in ISoston and is 
 umnarried. 
 
 Airnif'i; daccf/i't .m<cu;ll.\x. 
 Boston, son of .lohn ami Ama I. (Dau- 
 ,Uett) Mct.dellan, was hoiai in Siillon. Mass., 
 ^lav 1^1. l.'^'tH, and wdnai loui' years old iuo\-cd 
 with his ])ar(.'nts to ( d'afton. 11 is p.aternal an- 
 cestor, -JaliK.'S McClellan, came to Xe\\- IC upland 
 ^\'ith a c;oni]>an\' of Scotidi-1 1'ish setllei'sand 
 located in W'orcestei-. Mass., in \1\X. I'l'iim 
 Samuel, a hrothei' of .lanies. deseiaided ( ienei'al 
 (;eorij;e V). Mc'.'lellaii, a distin^uishiMl office]- in 
 the ('i\'il war. On his mother's side .Mi'. Mi;- 
 Clellanisa linea I desci'udanl of. lohn DoL;^■ett. 
 wdio came o\'ei' with (iosaanoi- W'i nl li]-op's 
 ]iart\' in Hi-'Sd and who settli'd with Sii' l;i(di- 
 ard Saltonstall in W'afei'town, .Mass.. the same 
 year. ^Jdiomas L'oLiL^ett, of London, a kinsman 
 of Jolin, ga\'<' the waleianaii's coal and sil\'ei- 
 had,a;e to he i-oweil foi- in honoi- and commem- 
 oration of the accession to I he iMii^lisli thi'one 
 of King (ieoi-ee 1. This [)i'ize has heen I'owed 
 
 iV)i- annually since ITIo, tVom London Bridge 
 to Wdiite Swan, ('h(dsea. Xapthali Daggett, 
 as the name has heen spelled in later years, 
 was a descendant of the lii'sl American ances- 
 tor, .lohn Doggei I, of Walei'lown, ami was pres- 
 ident of Yale('ollege during the i;e\-olntion- 
 ary period. 
 
 Mr. Mc(d(dlan athaided llie < h'.aflon (Mass.) 
 high s(diool and was lilleil foi' cidlege at W'oi'- 
 eesler Acadeiiiw tVom w Inch he was L;|-adua(cd 
 
 ARTIHJR D. MC ei,KLI,.\N. 
 
 in ISdi). 'idle same year he (Mllered Ijrowil 
 ( ni\a'rsit\', where he took an act.i\'e |)art in 
 college sociel ies. and ti'oni which he was grail- 
 uati.'d w itli hdiioi' in 1 S7-">, hold ing niemhei'ship 
 in ih(.' Delta Kappa I'^psilon. lie not oiiK' 
 I'anked high as a scholai-, Iml was especialh' 
 distinguished diirinn' his college course in atli- 
 li.'tics, and his physical dex'clopmenl was con- 
 sidered so nearly perfect thai he gained and 
 hore tor many ye.ars in hoal ing cii'cles the name 
 ot ■■ I he little giaiil ." 1 le was a mem her of the 
 lirown Ireshman crew of ISTD whiidi won (he 
 race (tn Lake ( ^luinsiganiond, iieai' Worcester, 
 ovei' thecompeling (a'cws of llar\ai-d. Yak', 
 and .Vmhersl, and was also one of (he uiii\'er- 
 sity crew of lS71. In ()clohei'. IST-'!, he went 
 to Worcester and enoa'i'd the law ollice of i>a- 
 
220 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 con cV: Al.li'ich, tlie Mnn coiisistino' of rok-v C. tlie Su[)reiiK' Judicial Court, etc. Tlic Daily 
 
 Hacon and PcK- Imiutv AMiicli, flic latter of J.aw Hulletiu was the lirst pulilicatioii of its 
 
 wlioui was in that year appointed an associate kind in this country, and had a notahle inliu- 
 
 Justice of the Massachusetts Su]>erioi' Court, encc upon the methods of court reportin.i;', hut 
 
 •Judge Aldricli was succeeded ])y \\. S. B. Hop- the idea and jdan \\erc .soon copied and adopted 
 
 kins, who liad aidneced dislinctioii as an ad- in most of the large cities in other States, 
 
 vocate, and the lirm was changed to Bacon c.t AI)Out the same time Mr. ]\lc('lellau hecajue 
 
 Hopkins. While a law student jMr. Met dcUan interested in the jaiblication of the 15anker 
 
 reported the court proceedings for the Woives- and Tradesman, a weekly issue containing full 
 
 tei' (iazette, and this work, which was highly information concerning transfei's and mort- 
 
 conunended, sei'ved to educate him in the gages of real and per.sonal estate in all the 
 
 methods and practici' of his profession and fur- counties of Ma.ssachusetts, 
 
 nisheil Inm valuahleaid in his prepaj'ation for l>ut a gro\\ing law husiness compelled him 
 a legal career. Jlecame to l>oston in Octohcr. after al)out two years to dispose of his interest 
 1.S74, and entered tlu' office of (.'hai'les Henry in hoth of these puhlications, which have licen 
 Drew, U(T\\- justice of the Police Court of l>r<iok- continued hy other parties, and which ha\'e 
 line, and Alhert ]\[ason, now chief justice of devtdoped and carried out the ideas of their 
 the Superior Court, liut at that liiin' partners enterprising founder. Jn his general practice, 
 under the firm nariu' of ])rew i^t' Mason. At which was large and satisfactoiily lucrati\'e, 
 the same lime he attended lectures at the l>os- he achieved merited distinction, being espe- 
 ton Uiuversity Law Schf>ol, taking the w hole ciall)' successful in the organization of cor- 
 course in one year, and rect'i\ung the degree porations and in the direction of their legal 
 of fvL.]). and heing admitteij to the Suffolk har and financial affairs. He was counsel for sev- 
 in .June, iSTo. eral land companies and steam and street rail- 
 Heremained with Drew ct' Mason until 1S77, ways in }>rocess of construction, and tin' kuowl- 
 \\'lien he formed a copartnt'i'ship with ('harles eilge of the c(m<litions afl'ccting the \'alues of 
 (J. Barton and ( leorge S. I'V^rhush, under the real estate in the vicinity of Boston which he 
 style of Barton, McClellan tt Forhusli, which acquired while acting in that capacity taialjleil 
 was changed two years later to ISarton c\: Mc- him to make large ami successful transactions 
 Clellan, ^Ir. Forhush iKuung withdi'awn. 'Idiis in the purcdiase and sale of suliuiiian ]>ro})ertv. 
 fii'ui contiiuied for ti\'e years more, an<l since Tins and several other husiness enter})rises led 
 then the two men have practiced ah.ine, tliougli him a few years ago tti retire \'erv largely from 
 having offices together. Jn the autumn of the active general jiractice of law and ile\-ote 
 1<S7(), Mr. McClellan originated the idea of ha\-- himself to his exftaisivt' j)rivate interests. So 
 ing the short lists of cases in all the courts of far as his personal husiness is concerned, how- 
 Suffolk county published daily and cirtailated ever, he still keeps in touch with his profession. 
 'ach afternoon among subscribers at the l)ar, Mr. McClellan has been a partner in the 
 
 e 
 
 and as a result he began the publication of the large mercantile house of .Jerome Marljle tt 
 
 Daily Law ]5ulletiii, which contained the short (.'o., of I>oston and W'orct'ster, since LSS9 ; is 
 
 lists foi' the ne,\t day, the names of the parties or has ])et'n })resi(lent, treasurer, and ilirector 
 
 to suits, the counsel onliotb sides, a brief re- of numci'ous corporations and a director in 
 
 ])ort of the trials of the day, and thehndings national banks; has hea\'v financial interests 
 
 of the coui'ts oi' vei'<licts ()f the juries. Later in \'arious other enterpi-ises; and recentlv iiur- 
 
 the Bulletin was enlarged 1>>- adiling the trials chased with (.ithers about !)0,tl(l() acres of land in 
 
 of the United States (jourts and the couiis of the Hawaiian Islands, which is being iiut into a 
 
 Norfolk and Middlesex counties and Ijy adding very large sugar plantation. He has tra^'eled 
 
 (diattel and I'cal estate moi'Igages, rescripts of extensively since 1 894, ba vim; visited, in several 
 
BIO GRA PHICA /. . —MA SSA CHUSE T TS. 
 
 rOil 
 
 trips aliroad, aliuost ovcvv country in Eurojx' 
 and Asia. He has Ijcen for se\'cral years, and 
 is now, a trustee of ISrown University. He 
 was ]>resident of the Xew England Paint and 
 Oil (.'lull in l,Si:);!an(l 1,S94, has hcen a delegate 
 to the Associate Hoard of d'rade since 1 S9."!, 
 was a delegate to the National Paint, Oil and 
 \'ai'iush ^Vssociation's eon\-ention in lS9ri,and 
 was secretary to the ISoston Alumni Associa- 
 tion of ].>rown rHi\-ersity tVoiu \Hi):] to l.siHj 
 inclusive. He is a nieniljer of the Boston Art 
 (_'lul>, of which he was secretary fronr l.SS!) to 
 1895 ; a niendier and one of the founders of the 
 Pniversity ('luli of Boston, \\hich he served on 
 the executive connviittee during the hrst four 
 years; and a rnendjcr of the Algon(juin and 
 Exchange ('luhs and of other orgainzations of 
 Boston, and also of the Boston Bar Association 
 since lS8o. In })olitics he detines himself a 
 "Mugwurjip " who is still a liepuhlican, Imt 
 lias always declined ])uldic otiice. He is a 
 mendjer of the vestry of Emanuel Episcopal 
 church, Boston, and has resided in this city since 
 1874. Mr. McClellan has t\\'o qualities rarely 
 found together in a lawyer — great Ijusiness and 
 financial ahility condjined wdth legal and ju- 
 dicial attainments of a high oi'der; and la.' lias 
 acliie\'ed eminent success as well as distinction 
 in hoth his profession and in the Held of busi- 
 ness enterprise. 
 
 He was married ( )ctohei- H, l!S8:^, to Mrs. 
 Alary A. Hartwell, widow of Capt. (Jharles A. 
 Elartwell, of the L'nited States army, and 
 daughter of Idmothy Townseiid, of New Yoi-k. 
 She died April ], 1894, lea\dng no childi'en 
 1)\- him, and he married, second, .lanuar}' 1^, 
 1«98, Idorence, daughter of ( ;eorg(.' V. and 
 Emma (liainiister) Armshy, of WVircester, .Mass. 
 
 WlLEIA^r SAIXT AONAN 
 STEAKNS, Salem and Boston, .son 
 of Pichaj'd S}>rague Stearns and Marianne 
 Idieresa Saint .,\gnan, M'as horn in Salem, 
 Mass., Septemlier "27, 1<S2'2. Uichard Spi'agu(/ 
 Steaiais was the voungest son of I)i'. \Vill)am 
 
 Stearns, in his day the leading physician in 
 Salem, and a graduate of Harvard College in 
 the class of 1776. Mr. Steai'ns is descended 
 from one of thi-ec hrothei's, Ralph, Pichard, 
 and William Sprague, wdio (/ame o\-er from 
 lllngland in the early days of the J\lassa- 
 (diusetts colony. Ills great-uncle on his })a- 
 ternal grandmother's side, -losejih Sprague, 
 was graduated from Ilai'\ard in 179'J. His 
 elilest un(de. .Joseph K. S[ii'ague, \\dio changed 
 
 WILLIAM S, A. STEARNS. 
 
 his name fr(.)m Stearns to Sprague at the re- 
 quest of his maternal grandfather, "s\'as gradu- 
 ateil from Hai'\'ard in 1804, having as his 
 (dassmate and chum, Setli Po\\', the grand- 
 father (jf Hon. Setli Pow, president of ( Vdum- 
 hia ( 'ollege. .Joseph White Sprague, a son of 
 .Jose[)h ]']., was a graduate of Ilarvai'd in 185;^, 
 heing a classmate of Joseph IP ( 'hoate, of New 
 York, and the late J)arwin K. Ware, of the 
 Boston hai-. Mr. Stearns's father was a mer- 
 chant in Salem. His mother, Marianne The- 
 resa Saiid jigii'"'- ^^'"^ lioi'n in ^ri'iinilad, oni' of 
 the West India Islands, and heing oi'phaned 
 at an eai'ly age came to N<'W Phigland for hei' 
 education, \\4n(di was ohtained under -Judge 
 Rogers of Ivxeter, N. IP, and at pri vate schools 
 in Salem and New hui'vport. In l!S21 she rnai'- 
 ried Pi(diard S]ii'ague Stearns and hecarne the 
 
238 
 
 THE JUDICIARY AND THE BAR OF XEW ENGLAND. 
 
 niotlior of the sulijuet of this skclch. Her 
 father, Mit-liael Saint A,L,niaii, was l)orii in 
 France, where the name Saint ALi,nan has 
 heen home hy several nohle families of distinc- 
 tion anil inlluence. Iler nK)tiier, Marianne 
 Theodora (iellincau, was the <lau,L;htt'r of 
 Charles Anthony (iellincau, wlio remoN'cd 
 from Fi-ance tc) Port of Sjiain in Trinidad, and 
 whose wife was Lucie I'oinccite, a native of 
 Castile, Spain. His maternal aunt, Lucette 
 (Jellineau, was the friend and roommate of lh(.' 
 Empress .Josephine at tlie ^dartiniquc Coiuent. 
 Mr. Stearns was educated at tlic Salem Latin 
 Scliool, at Dummer Academy, and at IIai'\ard 
 ( 'ollege, gradnatinj^' from the latter with hon- 
 ors in 1.S4L Inln'i'iting from hisiialernal an- 
 cestoi's the sturdy characteristics of New Laig- 
 land life for many generations, and from his 
 mother's side the nol:)le hlood and lirilliant in- 
 tellectuality of ancient I'^rench and S])anisli 
 families, he found himself eijuipjied at an early 
 age with those mental and [>liysical attrilnites 
 which ena])led him to lead his associates and 
 lay the foundation of an honoralih' cai'cer. 
 Llis student davs were marked with numerous 
 successes. He stood well among such c<illege 
 classmates as the late Henry Lowlc Hurant, 
 Charles Coffin Harris, Thomas W'entworth 
 Higginson, Francis E. Parker, .lohn S. Keyes, 
 Samuel F. McCleary, and Francis Minot. He 
 read law in Worcestci'. Mass., in the oflice of 
 (iov. JMnory ^\'ashl)urn, in Ando\'ei- with Na- 
 than Ilazen, and at the Dane Law Scliool o^ 
 Harvard ('ollege in ( 'andn'idge, and was ad- 
 mitted to the Essex county har at lpswi(di in 
 l<S4(j. During the next two yt^ars lie was en- 
 gaged in acti\'e })ractice in Pi'inceton, III. He 
 I'eturned to Massachusetts in 1 S4.S and opened 
 an office in South Reading, hut a year late)' re- 
 moved to Maiden, and shortly aitei'wai'd to 
 Chai'Icstown, where he remaine(l uidil the an- 
 nexation of ( 'haj'lestown to Boston in 1S74, 
 ha\'ing also an office in ISoston a [>art of the 
 time. Hui'ing the last three years of the <.-or- 
 ])orate existence of ( 'hai-jcstown he scr\'e(l that 
 municipality as city solicitoi' with great credit 
 and aliility, and upon him dc\-(.dop(_'d much <i/' 
 
 the legal work necessaiT in consunnnafing the 
 annexation. 
 
 He was associated in jiractice with .lohn 
 Quincv Adams Critlin for a immher of years 
 prior to the hitter's death in IHlUi. In IXIJX 
 he formed a copartnci-shiji with .lohn Haskidl 
 ]>utler, under the tirin name of Stearns & Put- 
 ler, which continued until January, 1«92. At 
 that time Mr. Stearns retired from active pi'o- 
 fessional business and has since de\'ote(l him- 
 self to piivate atfairs and to his large real 
 estate interests, the development of wdiich 
 commenced many years ago, and whi(;h has 
 greatly increased in value and imjxirtance 
 under his ahle management. Mr. Steai'iis 
 early ac(|uired a prominent position at the har 
 and during the latter part of his career was 
 one of the I'ccognized leaders. Fi'oni 1.S74 
 to 1.S92 he practiced in Boston, and in the 
 iNLissachusetts Reports from LSod to Ps;»-.> will 
 he found many important cases with which he 
 was connected. He achie\'ed special distinc- 
 tion as a jury advocate, and in a large mimher 
 of jury trials dis|)laye(l mai'kcd ahility, excel- 
 lent judgment, and consummate skill. lie 
 was adnntted to the United Statt's Circuit and 
 Disti'ict ('ourts in ]S(;,S, and suhse<]uentl v had 
 some im|)ortant patent cases in those triljuiials, 
 and as special counsel for the L^itchljurg Rail- 
 r'oad for Middlesex county foi- ahout tweh'e 
 yeai's he tried many (hunage and other cases. 
 His cousin, the late William B. Steai-ns, was 
 supei'intendent and atfcrward pi'csident of that 
 company. Mi-. Stearns was successful at the 
 hai\ gaining a reputation for ahility, skill, and 
 imlustry wdiich plac(.'d him among the fore- 
 most lawyers in Suffolk county. We has re- 
 sisted th<' allurements of puhlic or political 
 ofhec, and devoted himself with untiring per- 
 scNcrance to his pnifessional work and latterly 
 to the development of his real estate, having 
 his ofKi'c in ]5oston. He has heen a mendier 
 ofthePoston Bar Association since its estah- 
 lishment in 1S7(), and resides in Salem, where 
 he was hoi'u, in the house huilt hy his grand- 
 father, .loseph Sprague, in 1 T-IH. 
 
 Mr. Stearns was married May 10, 1S49, in 
 
BIO GRA PHICA L . - MA SSA CH USET TS. 
 
 239 
 
 :\Ial(KMi, Mass., to II. iMiiily, dau-litcr of ICIias 
 Ik'aii, a proniiiii'iil r>oston luci'diaiit. Tlicy 
 lia\c t\\"o sons: William llari'is Stearns, wlm 
 was ailuiitted to tlic Suti'olk l>ar in January, 
 ISS.'), and is now prartieini;- in I)cn\-cr, ('ol,, 
 and Rirliai'd Sjira^ui.' Stearns, a incnil»'i' of 
 tlif Sullolk liar. Imt not now ('nij;aij,cil in acti\'(' 
 prat'tiei'. 
 
 FKKKMAX lirXT, ( 'ainhrid.o:^ and I!os- 
 ton, only son of Freeman and I'^lizabet li 
 (Parmenter) Hunt, was liom in ISrooklyn, 
 X. Y.. on the 4tli of Se[)tenili<'r, ISTi."). He is 
 deseended from ]'>noeli Hunt, wdio eaiiie to 
 Anieriea from ISei'ks eounty, lMit;hind, and 
 dieil in \\'eymoutli. .Mass., about Ki")^. I'"rt'e- 
 man Hunt, sr., son of Nathan and Mary (Tui-- 
 nt.'i') Iluid, was horn in <^)uiney, .Mass., Mai'(di 
 '1\. 1 S(I4, and as a lad aci]uii-ed his edueation 
 in the e(.innnon s(diools. \\ hen twelve years 
 old he entered the otHee of the Hoston Fj\'en- 
 in!4' ( iazette, and after serviuL^' his apprent iee- 
 shij) aeeepted a position as i/onipositor on the 
 Boston Travellei', for wdiieh he hegan wi'itini;' 
 anonymous articles. In IS-JS he formed a 
 partneiship with -hilin Putnam, liavint; pre\'i- 
 ously issued in Septemher, 1S1:!(;, the first innii- 
 lier of the ,ruvenile Miseellany, edited hy Lydia 
 ]\rai-ia ('hilih He sulisequently puhlished the 
 Ladies' Magazine in JSoston, the Travellei- in 
 New Yoi'k, the .Vmeriean ^la;j,azine of I'seful 
 ami Entertaining Knowdedne, "A ('ompi'ehen- 
 sive Atlas," and the .Merchants Magazine, with 
 \\hi(di his nami- was lon,u pronnnently asso- 
 ciate(l, and which gained foi- him a national 
 reputation. He recei\'ed the deni-ee of ^iP \. 
 from Hai'vard ('ollei^e in IX-")!:!, and died in 
 Brooklyn, X. Y,, Mar(di 1^, Ps:)S. He marrie(l, 
 first, ^^ay 0, Psj:9, Lucia \\'<dd Plake, of Bos- 
 ton: second, Jamiarv '1, PSol, Paiii'a Phinney, 
 of Boston: and third, in IS."):;, lOlizaheth 
 Thompson Parmentei-, dau.L;htei' of Ihiii. Will- 
 iam Paiaiieider and .Mai'v Pai'ker, of I'>ast 
 ('amhriilge, Mass., and sisti.'i- of Hon, William 
 Jv Pai'menter, chiel' justi(;e of the Municip;d 
 
 Coui'f of Boston since .lanuai-y, Pss:!. Hei' 
 fatliei' was a son of I'jzra Parmeider, and serx'ed 
 for foui' years as meml)ei' of congress. Mi'. 
 Hunt, at his death, left I'oui' dau^iitei'S an<l 
 one S(ai, the latti'i', name(l foi- him, heiiic' the 
 sulijecl of this art icle. 
 
 Plis fathei- hax'ini;' died in iSoS, his mother 
 ri'iuoN'i'd with liei' fiiiiily to hei' fafliei''s home 
 in Ivisf ( amhi'idn'e, Mass., wdici'c I''i'eeman 
 Hunt was I'eareil and educati.'il. After attend- 
 ing the ('amhi'idc-e puhlic s(diools he entered 
 
 FREEMAN HUNT. 
 
 Har\'ard ('ollege, from wdiich he was gradu- 
 ated in 1S77, lia\'ing as his classmates Hollis 
 R. Bailey, the late Sigourney Butlei', Moi'ris 
 (.!ray, .lohu Lowidl, Pohert S. ?^Iinot, and ( !r)v. 
 William Iv Russell, all of the l'>oston har. 
 He was graduateil trom the IIai-\'ai'd Paw 
 School with the degree of PP.B. in PSSP t-on- 
 timic(l his legal studies in Boston with the 
 late Hon. ( ieoi-ge S. Ilale and -Judge William 
 Vj. Pai'nK'iiter, and was admitted to the Suf- 
 folk liar ill -lanuarN', PSS'.!. Since ihcii he has 
 been eugag<'(l in the aeti\'e and successful 
 practice of his jirofession in P>osion, first as a 
 [lartncr of IP I'jUg(aie Bolles. later in associa- 
 tion with William <'. Tarliall until the latterV 
 death Deceiiiher li, PSSli, and since llieii asso- 
 
230 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 fiated with Hon. Cliarles -1. Mclntire, .jn<l,iJ,i' 
 (iftlif l'rol)aU' Court for ^[iddk'scx t'ouiit)'. 
 
 ^Tr. Ihuit lias apjicarcd as eoiiuscl in nu- 
 na^rous iui})ortaiit cases, one of tlic most note- 
 worthy Ijuini;' that oftliecity of (_'anihrid<^(' \'s. 
 Mdie Uaih'oad Conniiissionci's in wi'it of cer- 
 tiorari, where the comiiiission attempted to en- 
 force upon till' city an overhead crossing- at 
 Massachusetts avenue (then Front street). He 
 also acted for that city in matters connecti'd 
 \\dth the new Harvard hridj^e. He was coun- 
 sel in the famous Iron Ilall litigation, in 
 wdiich he drafted tlie hill in e((uity that 
 wound up the order; in the case fif .John V . 
 O'Brien \'s. The flavor and Aldermen ()f ( 'am- 
 hridj^c, which attracted wide attention; and 
 in the case of the Ikiston tt All.iany Itaili'oad 
 vs. Tlie City of Can}hri<lge, in \\dnch he raised 
 the point that the making' a I'ailroad pay for 
 cattle-guards, .n'ates, and other additional safe- 
 guards when a new crossing \\-as laiil o\-er the 
 railroad AA'as not such damage as the I'aili'oad 
 coulil recover against the city or town laying 
 the new crossing, as it was not a taking hy 
 eminent domain, and the ])oin( was sustained. 
 In these as widl as in other important cases 
 Mr. Hunt has achie\'ed a leading re[)Utation, 
 and is I'ccognized as one of (heahlest memhers 
 of the Boston l)ar. He is a strong lawyer and 
 advocate, a man of hroad and accurate learn- 
 ing, an<l possesses a ready grasp of the most 
 difficult points. His practici' has ln'cn a gen- 
 eral ci\'il one, and in its management he has 
 achieved ennnent success, recognized promi- 
 nence, and a \\'ide reputation. ( )f late years 
 he has conducted a large office husiness in the 
 line of fcirming corpoi'ations, and in other com- 
 mercial matters, and therefore he has not ap- 
 ])eared so often in court. lie is a memhci' of 
 the hai' of the L'rnted States ('ircuii and Dis- 
 trict Courts, and has practiced ex(ensi\-ely in 
 those trihunals as w('ll as in the coui-fs of IIk; 
 ( 'omiiionwcalth. 
 
 In ])olitics Mr. Huid is a Democrat, lie 
 was a nicmhei' of the S(diool ( oiinuittee of 
 ( 'amhridge fr<im IHS:; to 1S,S7, a. memhei' of 
 the ('amhridiic (.'ouncil in ISSS, and a mem- 
 
 hci' of the Mas.siidiusctts Senate in ISSMI, hold- 
 ing the seal that his unide, Dr. Kzi'a I'armen- 
 ler, an<l his gi'andfather, Hon. William Far- 
 mcnter, hail helil hefoiv him. In tlie Senate 
 he ser\H'd on the committees on the judiciary, 
 elections and coidcsted election cases, and as 
 chairman of the conimiitee on hills in the third 
 ivading, and was principally insti'umental in 
 getting the Harvai'd hi'idge hill through the 
 Legislaiure. 
 
 He is the New fjUgland couns(d for the New 
 Jci'sey ruhher com[>aincs, a position \\diich in- 
 \'olved immense lahoi' and gi-eat legal ahility. 
 He is ;dso counsel for the easlern stockholdei's 
 of Ihe Brooklyn Traction ('ompany. He is a 
 member of St. ( )mer Lodge, Knights of Pyth- 
 ias, of the l>o,ston Bar Association, and of vari- 
 ous other societies, clnhs,e(c. He is also a lioyal 
 Ai'ch ]\lason. In e\'ei-y capacity, an<l esjiecially 
 in the law and in pulilic otiice, he has dis])layed 
 ahility and sagacity of a high oi'der, and as a 
 lawver and citizen he is public spirited, })ro- 
 gressive, and patriotic, and uin\-ersally es- 
 teemed and respected. 
 
 Mr. Hunt was mari-ied -lunc S, ISST, to 
 Abliie, daughter of Sunnier .J. and .lane (Bul- 
 lard) lirooks, of ('amhridge, Mass., wlR're he 
 resides. They have two children: Ivlitli 
 Brooks Hunt and William I'arnientei' Hunt. 
 
 WILLIAM IlLXLY HAKRJSON 
 EM.M(.)NS, Boston,. judge ofthe East 
 Bostcin District ( '(.>urt since ISSd, is the son of 
 .lames I!, and .hnu' Maria (Dyer) I*]innions, and 
 was liorn in (_'lc\'eland, ( )hio, August ■Jl), 1S41. 
 At the age of ten he mo\'ed wilh his parents 
 to Lock])ort. Niagara county, N. Y., wiiere, in 
 Ihe Lockport I'nion School, he prepared to 
 enter A\'illianis ( 'ollege in Massachusetts. The 
 war, howex't'r, aroused his patriotism and 
 caused him to change his jilaiis. (_)n the 29th 
 of August, lS(il, he enlisted as a ])]-i\-ate in 
 ('(J. D, Tfh N. Y. <'avalry, with which heser\-e(l 
 about one year. In 1S(;2 here-enlisted in P)at- 
 terv A, 1st N. Y. Light Artillerv, and after 
 
BIO GRA PHICA L . —MA SSA CH ( -SE T TS. 
 
 23 1 
 
 serviiiu' under jMcClolluii in the Peninsula 
 caiii[iaiL;ii was eonniiissioned second and laler 
 tii'sl lieutenant and at'lei-wai'd adjuiaiit of (lie 
 l.'Sntli X. Y. Intantrv, \\lii(di liocaiui' the 1st 
 N. Y. (a\-alry ] )ra,<j,-oons. lie veinained willi 
 tliat i-ejj,inient in the AiaiiN'ol' ilie I'otoniac, 
 .uoinn wiih Sjieiidan inio (lie Shenandoah 
 \ alley, and suhsiMjuenlly was einuuiissioned 
 l>y President Idneoln as assistant adjutant- 
 e-eiu'ral with i-aid< of ea|itaiii. 1 le was wit h 
 
 \viij.iA>r II II. h;MMaN^. 
 
 tlie ea\'alry reser\'e hi'i/^'adi.' (;f)ii)iiianded hy 
 General Wesley ]\rer)-i(t until Septeniher, l.S(i4, 
 when he was wounded in a skii-ndsh neai 
 P'ront Ptoyal hy a hullet in his v\i{\\\ ilii^h, 
 an<l after lyin^ in the hospital at Haltiniore 
 foi' three nioni lis was detached and assigned 
 to duiy at .Meiii|ihis, 'reiin., and \'i(d<shui;L; 
 and Jackson, Miss., undei- ,Majoi--( !eu. X. .1. T. 
 Dana. At the chise of (he war, in Aui^usl, 
 l.S()-"i, ha\'iiic- hecn in active sei'\'ic<' for fair 
 years, he resigned with an honoi'ahle record 
 and rctui'ned north, and at once entered the 
 JIarv'ard Law School. In Septeiiiliei-, ISdt;, 
 he returned to Menijihis on some nnlitai'v 
 liusiness, and there eontinue<l his le_i;al studies 
 until May, l>i()7, when he came to Jioston, 
 
 wdiei'c he was eiii^a.q'ed in merchandising^' for 
 se\'ei-al yi'ars. 
 
 ■ Indue I'jiimons w'as adiidtteil to the Suffolk 
 hai'April l!4, IST."), and immcdiaddy Ix-^an 
 ac1i\'e pi'aclice in Poston. On JanuaiA' 28, 
 Psys, hi' hecamea menihei' of the harof the 
 I niteil States ('irciiil ('oiirl. Ahout the same 
 i ime he loruieil a c()pai-t nership with .1. Prown 
 Poi'd, w hicli coiitinueil under the iiiaii name of 
 Pord A Paiimons until ^faw Pss;!. With the 
 cxccjit ion of this pe|-iod he has pi'act iceil alone. 
 On (he '1A\\\ of Pehruary, Ps,S(i, he was ap- 
 ]iointed justice of the' l^^ast Poston Pistriet 
 ''oui't, whiidi ollici' he still holds. lie was a 
 miaiiher ot the Poston ('oiiimon (.'oiincil in 
 PSSd and Pss."), ;ind is a mcmliei' of ilii' Ivist 
 P)Oston < 'itizens Ti'ade Association, of Post 2-'!, 
 < ;. A. P.. of (he K nights of llonoi', of (he Poyal 
 Arcanum, of the Ancient <)i-der of I'nited 
 Woi'kiiien, and of the Ilaiwai'd Jjaw School 
 Associat iiai, and an honorary mendier of the Bar 
 Association of (he city of Poston. lie resides 
 in Ivist Poston and has a summer home at 
 Xordi Wiliiiinc(on, Muss. 
 
 \{ (heharand ontlieheiudi Judc'c .Emmons 
 has dis|)layed tVom the fii'st an al>ili(y and 
 skill wdiiidi, comliined with sound judu,iiient, 
 industi-y, and intenrity, ha\'e won for him a 
 recognized leaiP'i'ship. He is a man ofProail 
 and accurate learniiiii;, of lri,L;h le^al and judi- 
 cial a((ainments, and of keen discrinnnation 
 and <|uick peree[)tion. In (he conduct of a 
 lar^c and successful jj;enei'al law practice he 
 has a(diie\-e(l a hi,nh reputation, wdiile in 
 the ca|>acity of .judL;e he has stuwed, for tliir- 
 tc'cn years, with honor to himscdf and satisfac- 
 tion to the community. Jle is a puMic spii'ited, 
 jialriotic, and p|-o!_;|-essi\'e citizen, deejily in- 
 terested in e\-ery important enterjirise, and a 
 liheral su|)|ioi'tei' of (hose movements wdiicli 
 a])pcal to his jiidi^iiienf and con\'ictions. 
 
 •Indite I'jmmons was mari-ieil Se])t(aiil>er l.S, 
 PsiKi, to Sarah Tilton Putlci-, daughter of Ben- 
 jamin l'\ and Mai-y Jane (Tilton) Putter, of 
 Poston. They lia\'e foui' (diildrcn li\"ine'.' 
 llaii'y P)Utl(.'r, (li'aee, Jennie, and Paul Pyer 
 lOnniions. Haia'\' Putler Pniimons, the eldest, 
 
232 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 was l)Oni July "29, IHGT, \vm\ law witli liis 
 father, ami \\-as admitted to the Suttblk har 
 July 23, 1S,S9. lie is eiiHa<;e(l iu active })rae- 
 tice in Boston, wdiere he resides. 
 
 LOUIS t'ARVER SOl'TIIAUI), Boston, 
 is the son of William L. and Lydia, ( '. 
 (Dennis) Southard, and a lini'al descendant of 
 John Southworth, of Plymouth colony fame. 
 The name Soutliworth was pronounced South- 
 ard for some unknown reason, and the Ijranch 
 of the family that migrated to Elaine, to which 
 the subject of this sketcli hclongs, changed the 
 spelling to correspond. 1 1 is great-grandfathei', 
 Capt. John Southanl, or Southworth, was a liev- 
 olutionary soldier, \\'as ca}itui'e(l and imprisone(l 
 at Halifax, N. S., and from there he walked 
 home. < )n his way lie was attracted by the 
 location of a certain tract of land in Boothlxiy, 
 and after his discharge he [iurclias(Ml ](iO aciTs 
 of land on IJack i;i\'er in that town, and cm- 
 barked in tlie building of shi[>s. Jjatcr he 
 sailed one of his own shijts in the West India 
 trade, after \\dji(di be resumed Ins sliip Imild- 
 iug and farming. He mai'ried Sai-ab Lewis. 
 He was a person of consideration in bis town, 
 holding among other othces that of parish 
 clerk. 
 
 One of bis sons, John Soutbai'd, b(j]'n ( )c- 
 toher 27, 179], was given a farm in Uicbmond, 
 Me., hord(.'ring <in the Kennc/hec Ui\'ei' a dis- 
 tance of one-half mile. Here he esta].)lis]ie(| a 
 shipyard, and many fishing, coasting and other 
 \-essels were launcbe(l by bini. Ilis younger 
 lirother, Thomas .1. Southard (gi-eat-nneje of 
 the subjt'ct of this sketch), succeeded to tins 
 business, and the Southard shipyards at Uieb- 
 niond w^ei-e among the most entcrpi'ising, pro- 
 ductive and l)est known of the Xew l']iigland 
 shi|iyards. 
 
 .lobn S(aitbard (grandfather) mai-ried l^ji/a- 
 betb Catblaiid, .Maivh Is, 1,sl4. His son, 
 William L. ."-^ontliai'd, was liorn at i;i(d]moiid 
 Ml'., .Inly 2, lS2l». William L. embai'keil in 
 business and made I'apid pi'ogi'ess. lie re- 
 
 moved to Poi'tland, Me., and at the time of hi.s 
 retirement in lX(i7 had the largest wdiolesale 
 Hour business in that city. He was an alder- 
 man of Portland during the war of the Rebel- 
 lion, anil a irian of great influence and respecta- 
 bility. He married Lydia Carver Dennis, horn 
 .lune 1, LSI 9, the daughter of Capt. John 
 Deinns, of Taunton, Mass., and later of (lard- 
 iner, Me., and a lineal descendant of the brothei- 
 of (iov. John Carver of the Plymouth Colony. 
 The govei'uor ado]ited and brought upi bis 
 bi'other's children, he never ba\'ing any of his 
 o\\n. 
 
 ( )n her fathia-'s side she descended from 
 Abraham Dennis, a member of an old and 
 aristocratic family of England, who settled in 
 Newport, R. L, and who married Sarah Kirby. 
 Of their several chilil]-en, Lzekiel Deiniis was 
 killed off the coast of Maine in the lirst na\-al 
 engagcjnent of the Re\olutie)nary wai- in 177(i. 
 Ilis son. .lobn Dennis, a sea i;aptain in the 
 sei'N'ice of the Ivist Imlia t'ompany, was rnai'- 
 ried in Newport to I<]li/'.abefh Dean, and they 
 were the }iarentsof Mrs. Lydia Carvei' (Itennis) 
 Southard. 
 
 Louis ( '. Southard was born in Portland, 
 ( 'umberland county, iMe., April 1, Ls.')4, and 
 received his ]ire})aratory education in the com- 
 mon schools of bis native city and in the Dor- 
 ebcster High School in Boston, Mass., from 
 wbicb he was graduated in LS72. The same 
 yeai' he entered the sophomore class of Maine 
 State (_'ollege, now the b'niversity of Maine, 
 and was graduated therefrom in LS7o. He 
 read law in Portland with Hon. William W. 
 Jdiomas, ji-. (ni;)w Lnited States miinster to 
 Noi'way and Sweden), Judge Thomas Haskell 
 of the Supreme Court of Maine, and (lai'i.'nee 
 Hale, and in Boston at the Boston rni\ersitv 
 Law Scdiool, and wasadnnlted to the Maine 
 bai' in Portland ( )ctober 11, lS77. Renio\-ing 
 immediateJN' aftei'ward to .Massaidmsetts be 
 was admitted to the Bristol count\' bar No- 
 vembei- 2.'! of (bat N'ear, and has since resided 
 ill North I'^aston and lioston. I K> was admitteij 
 to the bar of the Lnited States ('ii'cuit and 
 District ('oni'ts ()e(ober L"), 1SS7, to jiractice 
 
BIOGRA PIUCA L. — MA SSA CHl'SE TTS. 
 
 233 
 
 before the Departinent of the Interior at ^Vasl^- 
 ington January "iS, ISSS, and to Ww harof the 
 United States Suprerae (.'ourt May l;i, iSSi). 
 
 ^[r. Southard has heen sueeessfully en^a;j,ed 
 in the general practice of his profession in 
 Boston since the autumn of 1 STT, (U'\'otin.i; Ids 
 attention of hite years exchisi\-('ly to the ci\dl 
 hrancln's. He lias heen counsel in many im- 
 portant cases, including the Ihiliert Ti'Cat 
 Tainc will case, Sarah A. I'relile \s. Bates it 
 Wallev, and othi'rs of oijual note, and during 
 a professional career of twenty-two years has 
 achie\aMl distinction as an al)le, industrious, 
 and talented lawyer and adx'ocate. lie is a 
 man (jf scholarly atiainmeuts. of S(anid judg- 
 ment, of great energy and integrity, and of 
 Ijroad and accurate learning, and hoth in ccairt 
 and chaniher practice has dis}ilayed those legal 
 qualifications which ha\'e \\'on for hiiu an ex- 
 cellent standing at the hars of Sutfolk and 
 Bristol. 
 
 In [)olitics lie has alwa>'S heen an ardent 
 Tiepuhliean, and for many years he has exerted 
 much iiiHueuce in the councils of his party. 
 The esteem in which he is held in North Jvisi- 
 011, wdiere he resides, was shown in lSS4, 
 when he was nominated as the Itepuhlican 
 candidate fo' represiMitative to the (teiieral 
 ('ourt. Me declined this nomination, liow- 
 e\-er, hut in l.ssfi, at the earnest ref|uest of his 
 fellow townsmen, he accepteil another similar 
 honor and was elected fnau (he district cnm- 
 prising the towns of Easton, .Manstield and 
 Ravnham. I)uriiig the legis!ati\'e session of 
 Issy he ser\-ed with success and credit on the 
 House committei' on the judiciary. In ISK.! 
 and l.S9() he represented the Fir.^t Bristol ilis- 
 trict in the Massachusetts Senate, \\diert' he 
 maile an hoiiorahle record, ser\'ing the hrst year 
 as chairman of the coiiiiiiittee on hills in the 
 third reading and as a mernher of the Senate 
 and .joint judiciary comiiiittc'es and of the cmu- 
 niitteeou manufactures, and during (he second 
 year as chairman of the last iiameil committee 
 and as a mernher fif the committees on pr(»hate 
 ami insoh'cncy and the judiciai-y. As State 
 senator he introiluced a resoK'c iiiaintaining 
 
 the Monroe Doctrine on the part of Massachu- 
 setts, wlii(di attracteil widi/ attcnlioii. Mr. 
 Southard was for H\-e )'ears a niemher of the 
 Mepuhlican State Committee, secri'tary of the 
 Bristol ('oiinty RepuMican ( 'omniittee, a mem- 
 her of the committee .■ip[iointed (o rejircsent 
 the ( 'ommoii weali h a( (lie I'nited States (.'en- 
 teniiial ( 'oiistitutional ( 'onvention at Philadel- 
 phia in 1SS7, and ;ui alternate delegate at 
 large from Massachusetts to the Hejiuhlican 
 
 l.OUIS C. SOU'I HAKll. 
 
 National ( 'oii\'ention at St. Louis in l,sj)(;. In 
 1887 he was also a delegate to the National 
 (.'oiu'ention of the Ilepuhlicau League in New 
 York city. He assisted in organizing (he Ke- 
 jiulilican ('lull of East(Mi, and for se\'eral years 
 was unanimously tdioseii its president. He 
 was also for many years and until his resig- 
 nation in 1898 a memher of the Kepnhlican 
 Town ( 'omniittee of Iviston. 
 
 Mr. Soudiard is a memlier and for (wo years 
 was worshipful iiias(erof I'aul Lean Lodge. 
 V. A' .\. .M., of Nordi Iv'iston, and is also a 
 memher of Sa(iicke( ('liap(er, R. A. .M., and of 
 Bay S(a(e ( 'ommaiidery, K. T., of Bro<I<toii, 
 and of .Massachusetls ( 'onsistory, ( hirty-second 
 degree, ot Boston. lie is [iresid(ai( of the 
 American 1 ii\'alid A id Socie( \\ and in l8!)8he 
 
234 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 was ajipoinled one of the U'cturers at the new- 
 ly oiganized hiw seliool of the rniver.sitv of 
 Maine at Bangor. He reeeived tlie degree of 
 IVI. S. from that university, and for several 
 years has heen a leading memljer of the Uni- 
 versity of Maine iVlunini iVssoeiation of ISos- 
 ton, of whieli as.soeiation he lias recently heen 
 elected president for the seventh time. In 
 llSS.-j he was elected a mend)er of the IJoston 
 Bar Association. He is also a nu'mliei- of the 
 following cluhs : Uni\'ej'sity (.'luh, ]5os(on, 
 Middlesex Cluh, Old Doreliester Cluh, and the 
 Pine Tree Cluh. From 1.S77 to is.sd he was 
 editor of the Easton .lonrnal and since then he 
 has heen a frequent contrihutor to the press. 
 In religion he is a Unitarian. He mari'ied 
 Nellie, daughter of Joseph and Lu<-y .\. ( 'ope- 
 land, of Easton, Mass., and has three children. 
 
 TSAAC HOMEi; SWEETSEK, ISoston, is 
 J. the son of Isaac and lidizaheth Sea\-e)' 
 (Soulc) Sweetser. His eai-Jiest paternal an- 
 cestor of the same name, in Massachusetts, was 
 Setli Sweetsi'r, one of the oi'igiual settk'rs of 
 Charlestown in Ki-'IS : and his mother's line 
 runs hack t<> ( Jeorge Soule, one of the Pilgrims, 
 wh(.) located in l)u.\l>ury. His father, Isaac, 
 was for thii'ty-five years ])rior to his death the 
 president of the ^\'ashingtou Insurance Com- 
 pany of liostou. 
 
 Mr. Sweetser was horn in Charlesto\\'n on 
 the .'5(1 of Scptemher. 1<S4(). He received his 
 preparatoiy education in the Charlestown pul)- 
 lic schools, and after graduating in 18()4 fi-om 
 tlie Charlestown high school, entere<l Har\aril 
 College, from which he was graduated in iMfiiS. 
 On leaving college he eiitered the Harvard Law 
 School from which he was gi'aduatcMl with tlie 
 degree of LL.B. in June, 1x70. He continued 
 his legal studies in Boston with the hrm of 
 Dehon, Bryant cfc (ioodwin, which consisted of 
 A\'illiam DiJiou, .lohn J). Bryant ami Ei'auk 
 Goodwin, and was admitteil to the Sutiblk jjai' 
 September 19, LS71, and to the liar of the 
 Uniteil Statt's ( 'ii'cuit and District Cour(s()c- 
 
 to]>er 1^7, 1.S7]. He was associated in practice 
 with his instructors until .lune, l.S7(i, when, 
 Mr. Dehou and Mr. (kiod win having withdrawn, 
 he formed a copartnership with Mr. Bryant, 
 which continued under the style of J. D. Bry- 
 ant and I. H. Sweetsi'i' until January 1, 1X90. 
 He then retired from active professional work 
 and has since devoted himself to private mat- 
 ters, sharing ofHces, however, with his former 
 
 I. HOMER SWEE'i SEK. 
 
 instructor and partner, Mr. Bryant, at o.'] 
 State street, ISoston. 
 
 In politics he is a Kepuhlican. He was ap- 
 ])ointcd a justice of the peace soon after his 
 admission to the harand still holds that ofHce, 
 and is a member of the University (.'lub and of 
 the Boston ISar Association, being elected to 
 the hitler Ijody upon its estal>lislnnent inl.S7lJ. 
 He \'isited iMirope in l.S9ti, resides in Boston, 
 and is uinnarried. 
 
 FELIX 1;A(;KEMANN, P.oston, sou of 
 Lreilerick William and Elizabeth D. 
 (Sedgwick) Kackemaun, was born in Lenox, 
 Mass., .lune 17, 18(51. His father was a native 
 ot Bremen, (leiinauy, and came to America at 
 
BIOGRA PHICA L.— MASS A CM USE TTS. 
 
 235 
 
 till' nye of tliivU'cn. ( )n liis ihoIIrt's side lu' 
 is (lcseen(K'(l frdin 'riinotliv 1 >\\ii;lit, of |)(.m1- 
 liaiii, ^[:iss., ainl from Miijor Sedgwick, wlio 
 serwd ill ( 'n_iiu\\cll's army and al'tci'W ard 
 faiiH' t(.i New iMi^laiid. His i;r('al-,i;i'au(l- 
 fatluT, 'i'liiMxloro Sedgwick, son of Ht'iijamiii, 
 was horn ill Hartford, ( 'oiiii., in May, 174(1, 
 and \vas graduated from Yale in ITfi-l. Ad- 
 mittcil to the l)ar in April, ITiiii, lie jiradicfd 
 in (_!rcat liarrin^ton and Sliclticld, .Mass., and 
 
 FEI.I.^ RACKE.MA.\.\. 
 
 in tlic Ik'X'olution scrx'fd on ilu' stafl' of (Icn. 
 John Thomas in the e.\]i('(litioii to Canada. 
 He re})resented Sheffield in the (^aa.'ral ( 'oiirt, 
 \\'as a (lele.n'ate to the ( 'ontineiital ( 'onL;i-ess, 
 ser\"ed as memher of conicress from ITHS to 
 171)7. was speaker of the House of Kepri'senta- 
 tives in 17.S>i-S9, and Tnited States senator 
 from 1790 to 1799. In].S(l2]ie was ajipointed 
 an assoeiate justiee of tlie Su[)reme .Judicial 
 Court of Massachusetts and s(/rved in tliat i-i- 
 paeity until liis deatli, in ISostoii, June "24, 
 J.Sl;5. His son, Charles Sedgwick, father of 
 iVfrs. Elizaheth D. (Sed,c;^\■iek) Kackemann, was 
 admitted to the Suffolk har Mandi L'."), Isi'], 
 and for tliii'ty yeai's serx'ed as elerk of the 
 courts in ]>erksbire county, Mass. 
 
 Mr. Rackemann inliei'ited the sturd\- (diai'- 
 
 actei'istics of this (lernian and Knclish-iVnieri- 
 can ancestry, and liesides dcNxdoped in early 
 life an industry and persevei-ance \\dii(Ji have 
 ser\'e(l him w(dl in his professional career. 
 He recei\'ed his preparatory education in tlie 
 pulJic anil [)i-i\'ate schools of Leno.x, at the 
 Adams .\(;adeiiiy in (^)uincy, .Mass., ami under 
 a pi'i\-ate tutor, and enterinc' ('()rnell Unix'cr- 
 sity at Itliaca, N. Y., was craduated theretVom 
 in l.SS-i. He was secretary of his (dass, rc- 
 ceiveil lionorary mention for a tliesis at com- 
 iiu'iicement, and lield memliership in tlie Delta 
 rpsilon fraternity. < )n leaving college he 
 came to lioston, Mass., and took up the study 
 of law in the olHce of the late Francis \'. Balch, 
 and afterward entered the Harvard Law Scliool. 
 He completed his legal stmlies, however, with 
 Ivlward S. Isham and 1 [on. RiJ^ertT. Lincoln, 
 of ('hicago, the latter lieiiig at. tliat time secre- 
 tai-y of war, ami he was admitted to the Cook 
 county har in Illinois in May, 18s."). He re- 
 maincil with Jsham A' fjincoln until the fol- 
 lowing autumn, when he I'eturncd to Boston, 
 where he has since heen engaged in active 
 jiractice, heing admitted to the Sulfolk l>ar in 
 January, issti. Mr. Lackemann was asso- 
 ciated with his ehk'r l)rotlier, Charles Sedg- 
 wick Rackemann, until the fall of iSSli, when 
 hoth of them hecame partners of Francis \'. 
 Ikihdi under the style of Bahdi A Rackemann. 
 This rn-m continued until Mr. Raich's death 
 on Fel.>ruary 4, 1S9.S. In April of the same 
 yea]' Judge James Rohei't I>unl)ar, having re- 
 signed his seat on the heiich of the Massachu- 
 setts Superior Court, assume(l a partnership 
 interest, the name of the firm becoming Dun- 
 har A Rackt'iiiann. (Jiarles S. Rackemann, 
 the second partner, was born June 'Jl, l.sr)7, 
 read law with Mr. liahdi and at the Harvard 
 and Roston ['ni\-ersity Law ScIkhjIs, and was 
 calle<l to the Suffolk har in June, issl. 
 
 The old linn of Raich A Ra(d<eliianii as W(J1 
 as the present firm of Dunhar A Rackemann 
 was t'ligaged largely in the practice' of probate, 
 real estate, and trust law, and gaiiK.'d a higli 
 re})Utation and an extensive husiin'ss. Felix 
 Rackemann, the junior partner, has devoted 
 
23 G 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 liim^ielf (lurin.tj,- the last ei,L;ht years to tlic k\ij,nl 
 atfairs of trust eompaiiies and dtlier eoi'i)i>ra- 
 tioiis, and liy the exercise of aekiiuwledged na- 
 tive a1:)ility and constant industry has achieved 
 a. jironiinent phice aniontj,' the youn,ij,er mendiei's 
 of the ])Oston Ijar, lieing recognized as a saga- 
 cious counsehir, a \\eU-read lawyer, and a man 
 of integrity and honor. He has resided in Mil- 
 ton, Mass., since ls«(), and for four years was 
 chairman of the School Committee of that 
 town. He has wiitten occasional articles tnr 
 the })ress, and notalily one for the Amei'ican 
 Bankers' Association in 1.S9S (in the "Duties 
 and Resjionsihilities of Trust (_'ompanies acting 
 as Transfer Agents and Itegistrai's." In Isss 
 hi' was elected a mendier of the IJoston liar 
 Association. 
 
 Mr. Racktanann was married in May, ISSIJ, 
 to .Julia, ilaughter of Dr. Francis Minot, a 
 W(dl-known physician of Bostiin. They lia\'e 
 two children living: I'rancis iMinot and Sarah 
 Parkman. 
 
 GEOUiiK WASlllXirroX morse. Hc.s- 
 ton, was ])Oi'n in Lodi, Athens county, 
 Ohio, August 24, LS4"), and is the son of ('ap- 
 tain Peter and Mary Iv (Randall) Morse, wdio 
 emigrated frdui New Ham[ishire to the ()hio 
 \"alley in 1 s;!.">. On his father's side he is de- 
 scended fiMui Aid.hiiuy Morse, wdio came fr<im 
 Marlborough, i^ngland, to Xewhui'v ( )ld Town, 
 Ahiss., ahout lG-':So — the site of the original 
 Morse mansion, adjacent totlie farm of Michael 
 Little, heing still called "Morse's Pield." 
 
 Pev. -lediMliah IMoi'se, the noted geographer, 
 and Ills distinguished son. Prof Samuel F. I>. 
 Morse, tlu' in\-entoi' of the electric telegrajih, 
 are also ilescendants of ^Vnthony Morse. 
 
 i^Piry Iv llandall, tlie wife of ('apt. Petei' 
 Morse, was jiorn in Porcljester, Mass. Her 
 mother, Sarah Page, was descended tVoni Na- 
 thaniel Page, wdio setlle(l in Bedford, Mass., in 
 Pi.'iS, and wdiose original residence, known as 
 the "Old Page Place," is still owned hy the 
 fannh'. She was a dii'ccl descemlant of ('ol. 
 
 .John Pane of IJedford, the fir.st colonel of the 
 C'olonv connvnssioned hy the Crown. The 
 Pages and Panes frequently intermarried 
 through the generations and the soldiers' 
 graves of the two fannlies, of Coloidal and 
 Revolutionary fame, constitute three-fourths 
 of tliose in the old cemetery at Beilford. En- 
 sign Nathaniel Page carried the colors of the 
 Bedford Comjiany at Lexington and Concord 
 0]i the 19tli of April. 1775, and the Hag which 
 lie hore was a family lianner wdiich had lieen 
 lirought from England and is now among the 
 archixes of ]]edford. 
 
 Pike the Pages and Lanes, the Morses were 
 well represented in both Colonial and Conti- 
 nental armii'S and niemhers partici}>ated in 
 most of the important campaigns and battles. 
 
 (ieorge W. Morse spent his youth in ()hio. 
 From Podi to Pomeroy on the ()hio. was a 
 distance of se\'enteen miles. The mails were 
 carried to and fro on horseliack twice each 
 week and it was the habit of young Morse, at 
 nine years of age, wdien his fatlier was post- 
 master, to start at thi-ee o'clock in the morn- 
 ing, make the round tiip. and attend school 
 at idiie o'clock after riding thirty-four miles 
 in 1he saddle. 
 
 In P^oo at the age often he was placed un- 
 der the charge of President Finney at the [ire- 
 paratorv school fif ()berlin ('ollege. but a year 
 later came to Massachusetts with his parents 
 and continued his studies in the schoiils of 
 PPiverhill and Andover. He subseijuently 
 entere(l ( 'hester Academy in New Hani[)shire, 
 liut May IP ISGI, he enlisted in the historic 
 Second ]NLissa(dnisetts Regiment of Pd'antry 
 for a term of three years. At the end of that 
 period lie re-enlisted in the held for the war, 
 and served continuously in this regiment until 
 .luly, iSG'i. The }ieople on the (.)liio wi're, like 
 all the iiorder men, very decided for the side 
 they espoused. 
 
 The Second Regiment was the lirst three 
 years' regiment in the Held from ^lassachusetts 
 and one of the two es[iecially commemorated 
 in the New I'xiston Public Pilirar\' building by 
 the lions on the staircase. ( )f its orininal one 
 
B 10 GRA PHICA L . - J/ A SSA CHUSR T TS. 
 
 237 
 
 tliousand iiicii wlio lel't llie ( '(iiiinioiiwcnltli in 
 1S()1, Mr. Morse was (nic (.)f less tliaii mir liiiii- 
 Ured and fifty wIki returiied willi il in ISO."). 
 Tlie rcginu'iit rrcri\'(.'(l sewiitceii Imiidi'cd rr- 
 €i"uits during- the war, nial^iuL;- in all Iwciify- 
 seveii liuiidri'd iiicii on its rolls, and of this 
 niunher only aliiiut lour hundred i-eturiie(l at 
 tlie idosi' of hostiliiies. In the SI leiiaiidoah 
 canipainii of ISlii! it covered the eelehrateil re- 
 
 i;eori.;e w. morse. 
 
 treat of tin- ai'uiy of (teneral Jianks, and tliose 
 of the rear L;uai-d in the skirmish line wdio 
 survived wei-e cajiiured, ineludiuL;- Mr. Moi'se. 
 He \\'as eonfiiieil four monllis at ISelle Isle and 
 ill otlier ifliel ]>i'is(]ns, and on lieini;' e.\(dian,ti;ed 
 returned innnediatidy to scr\-iee, and with the 
 exception of this ahsence wdnle prisonei-, he 
 "was in e\"ei'\' </aiii[iaii:ii and hattle part iei|]ated 
 in 1)V tliij? eelehi'ated icn'iment duiini^ Ihi' war. 
 He \\'as the only oi-ii^inal inemher of ( 'oiiipaiiy 
 H wIk) e\"er reeei\-ed a coniniission, allhouuli 
 the youngest in the I'eginieid li\" two yeai's, 
 and at the close of the war, when oidy nine- 
 teen years old, was iirst lieuteiianl conini.-nid- 
 ing T'onipiiny I. 'Idiis eonijiany, coniniaiideil at 
 first hy Adin Ballon I 'nderwood, a ft ci- ward ( !eii- 
 ei'al L'nderw'ood, won sjx/cial distinction. I'ai'- 
 tieipating in all the inijiortaiit cannjaigns of the 
 
 Arrrjy of the rot<iiiiac until Septendiei', 1 sfi-'!, t he 
 regiment lost a third of its men and moi'e than 
 lialf of its otficei's at ( 'edar ]\h:)untain, snfi'ered 
 se\-erely at Aidietam and ( 'hancelIors\'illc, and 
 lost half of its memliei's in less than ten minutes 
 contest at ( Jettyshui'g in eari'ying the Coid'ed- 
 erate woi'ks at the hase of ('nip's Hill, on the 
 right near Spanglcr's Sj)ring, o\'er wdiich the 
 regiment charged. 'Idie oflicers of the Second 
 liegiment ei'i'cied the first regimental monu- 
 meid on the haltlefield of ( iettyshui-g, on a 
 houlder rememhei'cil and suhsef|uently suggest- 
 ed for this use hy .Mi'. Morse. 
 
 In Septemhei-, lS(i;i, the oi'gain/.ation was 
 sent south to join ( Jeneral Hooker, pai'ticipated 
 in the hattle of JjOokout JNfountain, ami was 
 the fii'st to entei' till' city of Atlanta and act 
 a.s tin' pi-o\-os( guard during the ociaipation. 
 It had charge of the ilestruction of tln' jmhlic 
 l;)uildings thei'c, and was the last to lea\-e on 
 the "March to the Sea." Mr. ^hjrse was witli 
 it in this historic campaign, in tlie siege and 
 capture of Sa\aiinah, and in the Carolina 
 carnjiaign which followed. 
 
 On ])eing mustcrcil out of service' in -Inly, 
 ISGo, ]\fr. Morse resumed his studies, Iirst at 
 riiillips Academy, Ando\'er, ^lass., and later 
 attended l)artmonth (.'ollege, winch he en- 
 tered in the fall of 1<S(>() in the sophomore year. 
 
 ()mitting the seni(jr year at college, lie took 
 up the study of law in the ofhce of ('liarles 
 (!. Ste\'ens, ('linton, Mass. Afterward he en- 
 tered the ofHce of ( 'handler, Shattuck A' Thayer 
 in lioston and was admitted to the Suifolk 
 har in -lune, lS(i!». Latei', Dartmouth ('ollegc 
 cfinferred Ujion him the degrees of llacheloi' of 
 Science ami Master <if Arts. 
 
 Mr. Morse hcgan the active practice of his 
 [irofession in lioston in hsiill, taking the ollice 
 of (ieorge Heniis (celehrate(l in the \\'e])stei'- 
 I'arkman case) and also opened a]i ollice in 
 Ashland, Mass., whei'c he was then li\-ing. 
 In the latter place he estahlished a weekly |i,'i- 
 per, called the Ashland Ad\'ertisci', which 
 was a decided success. This he sold at (he 
 end of a \'eai', as his |)rof(.'ssiona 1 |ii'actice 
 reipiired all his I inie. 
 
238 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 During the lii'st few vearis tlic iiidst ivimui- 
 erati\-e part of liis practirc was in coiuiot'tioii 
 with l.iaiiki'viiitcy eases. lie fimlv up tlie I!os- 
 ton, llartlVird and I'^i'ie liti^atiem : later was 
 eoiiiisel tor N. ( '. Muiison, the railroad eon- 
 traetor, wdiose faihiri' iiu'oK'ed millions of dol- 
 lar; and sultsequently had ehargeof the attaii's 
 of V. Shaw & IJrothers, \\dnch, in conneetion 
 with the atfaii's of other houses that followed 
 tlieiu into l)aid<rupiey, in\-ol\-ed ten million 
 dollars — in all of whieh taihu'es Mr. ^[orse 
 was of eounsel. His health heini;- irnpaire<l 
 hy reason of the immense lahors attending 
 tlie.se matters, he went abroad with his entire 
 family and spent his time for two or three years 
 in ti-avel in edueating his (duMren. He also 
 attended leetures at theSehool of Law in I'aris 
 for a year. 
 
 Mr. ^[orse has he'cn a frei|ueid and e-xtensive 
 tra\'eler hoth in this country and in iriost of 
 the old ones. Vov many yeai's Mr. Morse has 
 lieen the senior memher of the law tii'm of 
 Morse it hane. He entirely recovered his 
 health in 1.S89, ami resuiried practice and has 
 since been largely engaged in corporation work. 
 He organized, among other enter[)rises, the 
 sevei'al sti'cet railways now ojierating in New- 
 ton, \\'altliam, and W'atertown, ami also roads 
 in pi'ocess of construction fr<:im those cities to 
 Lowell, including the historic towns of 13ed- 
 tord. <.'oncord, Lexington and ^Vrliiigton. He 
 has also l)een for many years one of the 
 .special counsel for the Th<imson-Houston l']lec- 
 tric Comjiany, a jiosition wdiich has lii'ought 
 him into contact ^\'ith electric railway mattei's 
 tlii'oughout the country and especially in the 
 iSoutli, and, as such counsel, had the entire 
 charge of foreclosing and reorganizing the 
 railway systems of several of the Soutbern 
 cities. 
 
 J II politics he is a Rejiuhlican, ami in issl 
 and IXX'I he i-epresented Newton in the lower 
 house of the ]\hissacbusetts Legislature. 
 
 He is a charter memlier of ('harles Ward 
 Post, (I. A. K., of Xe\\ton, a member of the 
 Massachusetts ( 'ommandei'v of the J^oyal Le- 
 gion, a thirtN'-second degree Mason, and a 
 
 niemljcr of the Newton Club, Algonquin Club, 
 Boston Art Club, and the Boston Athletic As- 
 sociation. He has been a memlier of the Bos- 
 ton Bar A.ssociation since its estahlishment in 
 ISTO. 
 
 As a lawyer Mr. Morse has achieved an ex- 
 cellent I'eputation. He is a man of broad cul- 
 ture and intellectual al.iility, of great strength 
 of character and of unquestioned integrity, 
 and is trastee of many important estates, both 
 in New York and Boston. 
 
 He has organized many of the leading enter- 
 prises in Newton during the last ten years, 
 and in every capacity has displayed the higli- 
 est principles of a citizen wdiose public spirit, 
 patriotism an<l generosity are his I'uling char- 
 acteristics. 
 
 Mr. Morse \\as married October '1^), l.STD, to 
 ]\Iiss ( 'lara R. lioit, of Newton Lower Falls, 
 ]\rass., and they have six childrtai: JLtrriet 
 (A, (lertrnde E., Rosalind, Llenry J]., Samuel 
 V. 1!., and (ienevieve. Both Afrs. Moi-se and 
 one of her older daughters have won a repu- 
 tation as amateui- artists. 
 
 TOHN (dlAPIN LANL, Boston, sprang 
 O froiii some of tlie oldest Puritan stock in 
 America, liis first ancestor, .Job Lane, coming to 
 New Englaml before Ki-l.'}. (Jn bis jiaternal 
 grandmother's side he was descended from 
 Natbani(d Page, whocameoverabout 1(JS."). The 
 Lanes and Pages settled in Bedfonl, Mass., and 
 the families frequently intermarried through 
 the generations. The soldiers' graves of the 
 Lanes aiul Pages of Colonial and lievolution- 
 ary fame constitute three-fourths of those in 
 the old cemetery at Bedford, and neaidy all 
 were officers — (_'ol. -John Lane being the Hrst 
 (.'olonial officer cfnumissioned liv the Crown in 
 the Colony (if Massacluisetts Bay. ]\Ir. Lane's 
 great-grandfather, Nathaniel Page, of Bedford, 
 was thestandai'd-bearer of the ]]edford company 
 at Lexington and Concord on the 19th of April, 
 1775, and the flag hehore was a family banner 
 which had been brought from England and 
 
BIO GR A FHICA L ~MA SSA CHUSE TTS. 
 
 239 
 
 ,vhich is now among the arcliive.s of Bedford. 
 Mr. Lane wa.s tlie eldest of five sons of the kite 
 Hon. .Jonatlian Al>hot Lane and Sarali Delia 
 Clarke, a grandson of .Jonathan and Ivuhaniah 
 (Page) Lane, and a descendant in the eighth 
 generation of .Toh Lane, previously mentioned. 
 ILs grandfather, .hjnathan Lane, was a farmer 
 and wliolesale hsh merchant, and moved from 
 Bedford to Boston in 1<S24, hringing with him 
 his son, .Jonatlian A., \\dio was horn in Bedford 
 on the Joth of ^Liy, JS22. Jonathan Ahfxit 
 Jjane was graduated from the Boylston (iram- 
 mar School in lioston at the ageof tweh'e and 
 from tlie lioston English Idigli School in Ls;]?. 
 He then entered the dry goods jol)hing liouse 
 of Calvin Washljurn tt Co., gained control of 
 the faisine.ss in 1<S4H, and h'om ix.jj to JS94 
 conducted it underthefirni nanieof Allen, Lane 
 et ( 'o. JJe ^\•as married Xovcmher L'i, 1851, 
 to Sarah Delia Clarke, the second child of Lev. 
 Benjamin I^"". Clarke and a graduate of ]\lount 
 Holyoke Seminary in 1<S45. She su]'\-i\-es 
 him. Thev had six children: a daughter, 
 \\4io died in infancy, and live sons, .lohn ('., 
 I'rederic H., Alfred C, Benjamin C., and Lu- 
 cius P., all of \\ horn are li\'ing except John ( '. 
 
 .lohn (A I^ane was born in J;>oston, i\Iass., 
 X'o\-embei- 8, C^-Vi, ami iidierited, thi-ough a 
 long line of }iatriotic ancestors, a tendency t(i 
 disinterested and self-.sacrificing public service. 
 He was graduated from the Boston I^atin 
 School with high honors, l)eing a Lrardvlin 
 medal scholar, ami in Lsyi entered Harvard 
 College, from which he was graduated in the 
 class of IXT'J, with membership in the JMii 
 Beta Ivappa. Among his college classmates 
 were Grenville H. Norcross, Al[)heus J!. Alger, 
 Pteginald Gray, Francis P. and John H. Ajiple- 
 ton, Henrv PL Buck, Lester AV. Clark, Simon 
 G. Crosswell, Abbott J^awrence, Hollis and 
 Albert S. Thayer, Samuel D. Warren, and 
 others Avho became })rominent meml^ers of the 
 J)ar an<l distinguished in the various walks of 
 life. 
 
 Mr. I_jane rea<l law in the offices of Lyman 
 Mason and George \\'. Morse of Boston, and at 
 the Boston University J^aw School, from which 
 
 he was graduated with the <legree of IjIj.J!. 
 PL' \\'as admittt'd to tin- Suffolk bar in lcS7!S, 
 and the sajiu' yeai' Ijecame a memljer of the 
 law Hi-m of Morse, Loonds A' Lane, consisting 
 of George \\'. Morse, Eliliu ( i. Jjoomis and 
 •lohn (.'. Lane, wbifJi suhseijuently \\'aschanged 
 tfi ]\rorse ct Lane. Jdiis last coiniection con- 
 tinued for many years and until Afr. Ijaiie's 
 death, at Norwood, Mass., oil the 20th of No- 
 vcndiei', LS!).S. During his law practice, •with 
 
 JOHN C. LANE. 
 
 these associates, iNFr. Lane was eugageil in much 
 important work. He was prominently con- 
 nected with the numerous i-ailway litig<dions 
 of N. V. Munson and, later, of the Boston, 
 J-Tartford and Erie, the Toledo, Cincinnati and 
 St. Louis, and the San l\'(lro litigations: with 
 the Shaw leather failures of Lss;', and other 
 great failures in consequence thereof: with the 
 foreclosure and reorganization of the railway 
 systems of the principal cities of (ieorgia and 
 Tennessee, and as s})ecial counsel for tlie elec- 
 trical com]ianies constructing the same ; \\\\\\ 
 the organization of the railways in Newton, 
 Waltham, and W'atertown, Mass.; and with 
 many other im[)ortant enter[)rises in Massa- 
 chusetts, in the South, and elsewJiere. As a 
 counselor and stricth' comnu'rcial lawver he 
 
240 
 
 THE JUDICIARY AND THE BAR OT NEW ENGLAND. 
 
 stciod liigli. lie eiijONH'cl universal respect ami 
 the entire eonfidenee of tlie coniiiiunitv, and 
 held luinierous legal ti'usts aggregating many 
 millions of dollars. 
 
 He was widely and ])rominently known in 
 ])olities, first as a Itepuhliean, and after 18<S4 
 as a Democrat, Imt ne\'er sought ottice. He 
 took upon himself, as his father so frequently 
 dill, a large amount of work of puhlie eharac- 
 tei', purely for the puhlie good. It may he 
 ti'uly said of him that he unselfishly sought to 
 il(j all the good that he could to his fellow-men, 
 lioth in })uhlie and pri\'ate life, and did so dis- 
 interestedly. j\.fter the nomination of (irover 
 Cleveland in 18<S4 he continued to serve act- 
 i^'ely in the J)emocratic ranks and was the 
 manager of the campaign of the (iold Dem- 
 ocrats in Massaeliusetts in l<S9(i, haN'ing heen 
 a delegate to the Indialla|)olisconvention^\•hicll 
 nominated Palmer and Buckner for the pres- 
 idency. He was also ]i)roininent in churcli 
 circles, liaving been for years a memher of the 
 I'nion Congregational chiii'ch in Boston, tliat 
 }iulpit heing now (l<St)<S— 99) occupied ))y his 
 most intimate friend and cnusin, Hew Samuel 
 Lane Looniis. Having remo\'ed, soon after 
 hegimiing his law practice, io Norwood, Mass., 
 he als(.) joined the (.'ongregational church there. 
 He \\'as a local justice and attoi'ney foi- tlial 
 town, a trustee of the Norwood l'ul)lic I^ila'ary, 
 president of Norwood I'xiard of Trade, a mem- 
 her (jf the (.)dd Fellows, a Knight Templar and 
 thirty-second degree ^Mason, and, at the time 
 of his death, pi'csident of the Allen-Lane ( 'om- 
 })any and of tlie (Jliarles E. Lauriat Book 
 Company of B(iston. Being a Franklin medal 
 scholar of the lioston I>atin Scliool he founded 
 a similai' awai'd for gi'aduates of the Norwood 
 Higli School, and always took an a(;ti\'c jiart 
 in every ni(.)\"enient which had the \\'elfai'eaud 
 aih'aiR-ement of tlie comnuniity at heart. His 
 spotless integi'ity, his inhei'ent patriotism, liis 
 hi'oad intellectual powers, his generous nature, 
 his unceasing dc\'otion to otiiers, his domestic 
 taste and gentle mniinei', all eomliincd to make 
 him a man of llie highest and nohjcst charac- 
 ter. 
 
 ]\Ir. Lane was married September H, LSfS-'], 
 to Harriet B., daughter of Ceorge S. Winslow,, 
 of Norwood, who sur\ives him. 
 
 TA^H'^S WIN(;ATF ROLLINS, Boston, is- 
 kJ the son of .lames and Sally (Wingate) 
 Itollins, and was born in Somersworth, now 
 Kollinsford, N. H., April 19, LS'27. Lie is de- 
 scended ill the seventh generation from James 
 liollins, who came from England with the Ips- 
 wich (Mass.) settlers in \i\'.\'l, and "who removed 
 a few years later to L)over, N. H. Ichabod Rol- 
 lins, his great-grandfather, was a member of 
 the New Hampshire Conunittee of Safety dur- 
 ing the Levolutionary war, and was the first 
 of the family to settle in Somersworth, the 
 name of whiidi town wassulisecpiently changed 
 
 JAMES \V. ROLLINS, 
 
 to Uollinsforil ill lionor of him and of his 
 elfoi'ls as one of its principal founders. From 
 him descended Hon. F]dwai-d H. Rollins, 
 Lnited States senator, and the hitter's son, ( 'ol. 
 Fiank \\'. Roll ins, governor of New Ham [ishi re : 
 tlie late Hon. Edward Ashton Rollins, com- 
 missioner of internal revenue under Lincoln, 
 and his brother the late Daniel C. Ridlins one 
 
n/OGRAPHfCA L—AIASSA CHUSETTS. 
 
 341 
 
 of tlio most jiroiiiinciil incinliri-s of the New 
 York bar, ri'CT'iitly lU'coasi'il ; and tliclatc Hon. 
 SaiiuK'l ^\'. Kollins, Juiluc (if jn'oliatc Inr liclk- 
 nap oounty, X. II. .loliii Uolliiis, hihi of 
 Iclialiod, was a iiuT<'liaiit in Suiucrswortli, 
 wlici-r Ills son, . lames Itnllins, father of tlic 
 sulijoL't of tliis article, was l)(irn i>n the nuaiio- 
 nihle Fourth of -luly, 177(i. The lattei' was a 
 mercliant in Sonna'swoilh ( Itdllinsfoi'il), ami 
 married Sally, dauiihtei' (if Moses W'in^ate, 
 a deseendant of an did family (if fai'iiiei's of 
 Dovei', X. II., wliei'(.' liei' lii'st American ances- 
 tor, .hihn W'iniiate, settled in l(;(;n. 
 
 •lames ^\^ Unllins attended as a lad the 
 eounnon schools (if his natix'e town, loillins- 
 ford. and wdien ten years (if ai;c entei'e(l the 
 aeadeiriy at Simtli ISerwick, .Me., \\ here he I'e- 
 mained three years. In 1S41, when (ndy 
 fourteen years old, he (aiteix'(l 1 )ai'tm(iutli ('ol- 
 leye, from \\dn(di he was ui'adnated with hon- 
 ors in lS4o, liaN'in^- an (D'alion at c(immenee- 
 ment and hdldini; meml)ershi]> in the I'hi Heta 
 Kappa. Amout;' his (dassmates were Edwin T. 
 Rice and William W. Xiles, of the Xew Y(j)I< 
 liar; William ( '. .Strone-, of Xewton, Mass.; 
 B. D. Harris, of Brattlel.oro, \'t.; and the late 
 (ieorge PI. IMsstdl, the dduor of l>iss(dl Hall at 
 Dartmouth. < )n lea\in;4 college ,M|-. liollins 
 took up the study of law in South ISerwick 
 with Hon. John lluhhard aial .ludj^e William 
 Allen Hayes, and in .lanuai'y, Is.Kl, Ik/ was 
 adrrjitted to the Maine bar in V(irk ciiunty. 
 Meaiiw ljil(.', in 1S47 — is, he tauc;ht s(diddl in 
 South Berwick and latei' was fd|- (.me s(_'as(in 
 princi[ial of the acadeiiiy at l;o(di(.'ster, X. II. 
 In the spring of I.S.ID he came to l)(ist(.)n, 
 ^lass., and in May nf the same year was ad- 
 mitted to the Suffolk hai-. Since then he has 
 been acti\'ely and successfully engaged in the 
 general pra(;tie(.' of his pi'ofession in lioston, 
 first alone for one yeai', then associatiMl with 
 the late Francis 1!. Hayes (son of .Judge Will- 
 iam A. Hayes) IVom iHTil to Fs.").!, then in 
 partnershi]! with his college (dassmate, t)ie 
 late AV'illia.m II. F. Smith, as Smith tt Kollins, 
 from FSoo to FSOO, and sul)Se(juentl3' alone. 
 
 In the general ju-actice of law Mr. Kollins 
 
 has had liu( (ine capilal case: except ing this 
 he has (■duflned hinrsejf io ,a lai'gc and gl'OW- 
 ing ci\'il husiness. lie was counsel lor the 
 Foston and Maine Kaili'oad for a time, and 
 also lor the Massachusells ('cidi-al Kaih'oad, of 
 wdiich he was one of the oi'gani/.ei's and a di- 
 rector. Fown to ahoul ISSO he had an exten- 
 si\'t' practice in the courts of the ( 'omm(jn- 
 wealtli and in the Fidled Stales Circuit and 
 District ( 'ourts, liul an inci'casing deafness at 
 that tiuK.' (;om|ielle(l him to de\-otc his ener- 
 gies to (iftice work, and of late yeai's he has 
 ma(l(.' a specialty of real estate, pi'(jhate, and 
 similar matters. The many im[iortant cases 
 with whiidi he has lieen (■onnected, together 
 with his nati\'e ahility and indomitahle indus- 
 try, ha\-e gaiiie(| foi- him a leading place at 
 the Foston liar, and during an acti\e career of 
 nearly lifty \'ears he has maintained a deserved 
 re[)Utation and a rec()gnizeil standing. He is 
 one of the oldest and most res[i(.'cted lawyers 
 (if Suffolk couidy. 
 
 ?\Ir. Kollins has always liecn a staunch lie- 
 puhlican, hut has nc\'er engage(l in active po- 
 litical work, having attended strictly io his 
 professional duties. He has I'csided in West 
 Koxlniry (now a [lai't of the cit>' of ISoston) 
 since Fs.")7, and was a memher and for two 
 years chairman of the Sidiool ( '(iiinnittee of 
 that town, seiA'ing h'om FS(;s to lS7n. He 
 was also foi' se\'eral years a mendier of its 
 Foard of S(de(;tm(ai. Wdien the town was an- 
 nexed to the city in lS7-'! he acte(l as its coun- 
 sel and took a juTiminent part in the annexa- 
 tion procee(lings. He was for se\'eral years 
 presid(ait of the old Foston, llalifax and 
 Frin(/(^ Ivlward Island Steamship Company, 
 and has heen pit'sidcnt and a director of a 
 nuniher of manufacturing (adcrpi'iscs. His 
 literary ctforts outside of his law practice have 
 consisted of coni liliul ions on \-ai-ious current 
 topics to the newspa|iei'S. 
 
 Mr. Foil ins was mai'i'ie(l X(i\'cmlier li"_!, FS5o, 
 to Mrs. Sophia, \\'elili (Atwill) Iluttdiings, 
 widow of .lames William Atwill of ])ost(.in, 
 Mass., and a daughfei' of Solomon Ilut(diings. 
 She died Se[)t(.'mliei' 2!», ls;»4. Th(.'re are four 
 
24-x 
 
 THE JUDICIARY AXD THE BAR OF NEW ENGIAND. 
 
 f)f tlieir cliiklrcu U\in^: Mary Harris Rol- 
 lins; .lames Wiiigate lioUins, jr., a laernlici' of 
 the civil eiigiiK'iM'iii,^ and construclion tirni of 
 Holbrook, C'aliot i^- Daly of lioston; Alice 
 Sophia, wife of lvh\in T. IJrewstei', a leaeher 
 in Phillips Andover Academy: and Ivlward 
 A. Rollins, a manufacturer of Boston. 
 
 HALSEY .TOSEPIT BOAR DM AN, P.os- 
 tc)n, son of Nathaniel and Sai'ah (Ilunt) 
 Boardman, was hoiii in Norwich, \'t.. May 19, 
 ls;>4. He is (k'scended in tlie eighth genera- 
 tion from .Samuel Boreman, the Puritan, son 
 of Christoplier and .Julian (Carter) Boreman, 
 \\\\o \\'as boj'n in Banhury, ( )xfordshire, Eng- 
 land, in 1615, married Mary P>etts, and came 
 to this country as early as 1 (i.'i.S. This original 
 ancestor first setlleil in Ipswicli, Mass., l>ut in 
 
 HALSEY J. EOARDMAN. 
 
 1641 removed to 'W'etherslield, ( 'omi., in which 
 State the family resided for more than one 
 hundred yeai's. The line from him is{l^) Isaac 
 Boreman, l)orn in 164'2-."), wdio married Aliiah 
 Kirnhcrly: (•'>) Sann;el Bordman, of Wethers- 
 field and Middh'towii, ('onn., wlio mariied 
 Mehitahel C'adwell; (4) Ste]:)hen ISordman, of 
 Middletown, who married Abigail, daughter 
 
 of Lieut. Nathaniel Savage: (•")) Nathaniel 
 Boardman, who married Esther Carver, and 
 wdio served in the Erench and Indian wars ot 
 ] 7.")(;-.)9, moved to Norwich, A't., and was a 
 captain in the war of the Bevolution : (6) Dr. 
 Nathaniel Boardman, born in J3olton, Conn., 
 ()ctol>er 20, 17.)9, moved with his parents to 
 Norwich aliout 1777, seived in the Revolu- 
 tionary war, and was married in 179(j at 
 Bethel, \'t., to Philomela, daughter of .Jabez 
 Huntington, sherifi' of ^\'indlJaln county, A't., 
 during the Revolution, and of .Judith, his wife, 
 ilaughter of Col. .ledediah I*]lderkin, an officer 
 in the ReN'olutii.mary army: and (7) Nathaniel 
 Boardman, liorn in Norwich, A't., Alay o, 179."), 
 and died December 12, lS(i7. The latter was 
 married Alarch 10, 1.S2.J, to Sarah, daughter 
 of Siunuel and Alary Hunt and a sister of the 
 niothe)- of Hon. .lustin S. Alorrill. the ^•eteran 
 Cnited States senator from A'erniont. She 
 was Jjorn June 2, 1798, in Norwicli, and died 
 Novemfjer o, 1S70. Of their family the sul>- 
 ject of this article was the fourth (dnld and 
 third son. 
 
 Halsey .1. ISoardman attended the ])ul)lic 
 seliools of his nati\'e town and was graduated 
 from the Thetford (\'t.) Academy in 1 .S.")4 as 
 the valedictorian of his class. The same year 
 he entereil Dartmouth College, from wliieh he 
 was grailuated witli high huiKirs in lS.")S, ha\-- 
 ing as classmates Al])ert Palmer, former mav- 
 or of Ikiston : the late Oen. Sanuiel A. Dun- 
 can, United Stales comiriissioner of patents; 
 and George AV. Eniei'v, governor of Etah. ( )n 
 leaving college he became principal of tlie high 
 school in Jjeominster, Alas^., and cmitinued in 
 tiiat ca}iat'ity for one year, meanwhile taking 
 up the study of law })rivately. Afterward he 
 pursued Ills legal studies in the olhce of Nor- 
 t'ross & Snow, of I"itcld)urg, Alass., and still 
 later witli Pliilip II. Sears in ISoston, an<l was 
 admitted to the Suttblk l)ar Alarch 1."), 1860. 
 J\lr. Boardman at (.)nce began the active prac- 
 tice of his [)rofession in ISostcm, forming a co- 
 }iartnership with Caleb Blodgett, which con- 
 tinued until Air. Blodgett's appointment to the 
 liench of the AFassachusetts Superior ( 'ourt in 
 
BIO GRA PI lie A L . -^MA SSA CH I 'SE T TS. 
 
 243 
 
 1882. It is a notowovthy fart that ln' siu'ceed- 
 ed Mr. IModn'i'tt in iS.ls as |ii'iiu'i|ial of tlio 
 LeomiiistiT IIiL;li Sriiodl. Tlie tinii ol' Hoard- 
 man c*c lUod^X'tt fariu' t<i lie a nhtv sti'dui;- one 
 in legal circK'S and gained a leading plaee at 
 the l)ar, although an atlli(.-tion of tlu> eyes 
 finally eaused the senior menilx'r to withdi'a w 
 partially from aeti\'e practice. ,\fter it \\'as 
 dissolved Mr. lioardman was associated at dif- 
 ferent times witli Stephen II. Tyng and .1. 
 Frank I'aul, Imt f'oi' sevei'al years lie has l)een 
 in business ali.aie. Tudor the old 1 laiikiujitcy 
 law" he had a large and successttil clientage^ 
 much i:>f \\hicli came from New ^'ork. lie 
 has also hail many c<aiti'act, accident, and 
 damage cases. ( )n one occasion he was emu i- 
 sel in an important haheas corpus case, wdiicli 
 invoh'cil the constitutionality of a statute re- 
 latmg to the authority of a common council c<f 
 a city to cause the imprisoumeid of a man. 
 In the general ci\'il practice of his profession 
 he has achieved eunniait suc(-ess, and for many 
 vears he has occu[)ied a leading pha-e at the 
 Boston har. 
 
 Mr. lioardmau has heen repeateilly callcil to 
 jiufjlic otKce. I 'uder appoint iiiciit of I'lX'sideid. 
 Lincoln he was comndssioner ot the Hoard ot 
 EuroUnu'nt for the I"oui1li ( 'ougressional dis- 
 trict of Massachusetts from isd'..! to ls(;4. In 
 1874 he was chairman of the Kepuhlican \\'ard 
 and (_'itv < 'ounnittee of Hostoii, and in 1 .sy.") he 
 was a memlier and [(resident of ihe Hoston 
 Common (Jounidl. In the latter year la.' was 
 also the Ke[)ulilii-an candidate foi' inayor of 
 Boston. He was a memher of the lower house 
 of tlie Massachusetts Legislature ti'om |SS;1 to 
 188o inclusive, serx'ing on the railroail com- 
 mittee during the eiitiiv period and as House 
 chairman r>f that c(nmiiittee during the last 
 two vears. In this ca]>acit\' he w'as instru- 
 jTieutal in securing a large amount ot legisla- 
 tion which matei'ially impi'o\-ed the i-ailroail 
 service in his Conniionwi'alth. /Vmong these 
 measures were pro\'isions for the diange of 
 raihvav crossing.?, for safety couplings on 
 freight cars, regulations against discrimina- 
 tion in fi-eight I'ates, and foi- impiri\'emeiit in 
 
 signals and precautious eiifoi'ct'il against color 
 blindness — all of wdncdi invoh'cd e.\haustive 
 (.'xairduation ami sound judgment. His influ- 
 ence u}iou the raili'oad legislation of Massachu- 
 setts has prohahly heen as gi'cat and as far 
 reaching as that of any other iudi\'iilual. He 
 was a memher of the Massaduisetts Senate in 
 1887 aial ISSS, and ser\'e(| as presidiait of that 
 body both ycai's, a(diie\'iiig considia'ahk' dis- 
 tinction for his impartiality and sound rul- 
 ings. 
 
 Xotwithstaialing a defe<'ti\'e eyesight, wddcli 
 has hanili(.-appeil him tor se\'eral years, Mr. 
 Hoardman has adiiex'ed a high reputati<in in 
 both professional matters and public office, 
 and in e\-ei'y ca[)a<-ity has won the I'cspect and 
 confidence of the (aitii'c community. For sev- 
 eral years he has been coiniected wdth \'arious 
 railroad and mamd'acturing interests. He is 
 president of the Duluth and Winnipeg Rail- 
 road Company, of the ( 'ommercial Mining 
 (_'ompajiy of < 'olorado, and of the Evans (_'oal 
 Company, a, large producer of anthracite coal 
 in Penusyh'ania. He is also a director of the 
 Hoston Marine Insurance ('ompany and of 
 se\'eral I'ailroad corjioi'ations, and a member of 
 the Psi U[)silon fi'aternity, to whidi he was 
 electeil wdiile a student at Hartmouth College. 
 
 Mr. Hoardman was marrie(l XoNaanlier (J, 
 isdi', totieorgia M., ihnighter of (leorge and 
 Maria <'. (Mosidey) Ilinnam, the former a 
 pronnnent ISoston merchant. They have two 
 daughters: Flora M. (wife of Lev. Thomas 
 •Jav Hornei', of <^uiucy. III.), and ILndly I. 
 
 SAMLLL \\'.\LLf:Y (MtLFCII. ISoston, 
 is the siMi <if Saimid W'alley and Maria 
 (Mason) (l'eedi,aud was boi'ii in Hoston, Mass., 
 November 7, l.s;')l). His father, Samud A\'., 
 sr., and gi'andfathei', Richard ('I'cedi, werel)i:)th 
 natives of Boston, the family oi'igiually c(;(nnng 
 there from Ijigland. His paternal grand- 
 mothei', .Susanna (Adams) ( 'reecli, was a cousin 
 of Hon. .lolm (>>uiiH-\' ,\dams, presiileut of the 
 I'nited Stales in 1 .S2o--J!». 1 1 is motlaa', Maria 
 
•^44 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 (Mason) ( 'reeeli, was a (liruct (lesci'iidaiit of tin' 
 early colonist, John JNhison, of N('\\- Jlanipsliiri'. 
 Mr. C'rec'cli was ciliK-ated in the pulilic sdiools 
 and read law in liis nali\'e eity, and \\'as ad- 
 mitted to the Suffolk har :\larcli 12, l.stj-^. and 
 to the har of the Supreme Court of the United 
 States at \\'asliin,<^ton in ISTfJ. Soon after his 
 admission to praetice he formed a law eo]:)art- 
 nership with Hon. William .Joseph Huhhard, 
 which continued under the firm name of Iluh- 
 
 SAMCEl. W. CREECH. 
 
 hard tt Creetdi until ?^lr. JIuhhard's death in 
 1S(J4. Sinct' then i\Ir. < 'reech hasheen eni^a^SJed 
 in the tjeneral practice of his profession alone, 
 (;'ivin!j,' spt'cial attention to ]irohate and insol\-- 
 ency matters and to the management of large 
 estates. He is an ahle lawyer, and dui'ing a 
 career of thirty-seven years at the JSoston bar 
 has achie\'ed an h<inoralile reconl and success. 
 In the line of })rohate, iiisf)h'ency, and trust 
 law he is rcgai'ded as an authority. 
 
 Ill politics Mr. ( 'reet-h is a consistent liepuh- 
 lican. He has held offices in the liostoii cit\' 
 go\'ernment, and is a ineni])erof se\'ei'al cluhs 
 and societies. He is a jirominent thirty-second 
 degre(.' Mason, thoi'oughly acfjuainted with the 
 entire history of INIasoniy from the eailiest 
 period, and a meniherand j>ast master of Mass- 
 
 clnisetts Lodge, V. &. A. ^I., hefore wdiich he 
 delivered the historical address at its 12.1th 
 anniversary in May, LSB-"). He is also an old- 
 time membei- of the Ancient and Honorable 
 Artillery Company of Massachusetts. J'^or 
 many years Mr. Creech has Ijeen a well-known 
 amateur microscopist, giving much of his time 
 to scientific study and research, and to the col- 
 lection of microscopical hook.s and specimens. 
 In this held of science his labors have brought 
 him into more than local jji'omineiice. He 
 (jwns a large library and collection as well as 
 a full set of instruments, and in the recreati\'e 
 pleasures of microscopy finds I'elief and relax- 
 ation from the more arduous duties of his pi'o- 
 fession. In connection with this science, with 
 Masoni-y, and «'ith other matters he has de- 
 li\'ered many im[)ortant addresses, and iji the 
 threefold capacity of lawyer, orator and scien- 
 tist has won a high reputation. 
 
 Mr. Creech was married December 2(j, 1866, 
 to Miss Xant'V Amelia Patterson, of ISoston, 
 and thev ha\'e one dauirhter. 
 
 Airniri; iioLiiKooK \vi:llman, 
 Boston, is a descendant in the ninth 
 generation on his father's side of William Brad- 
 ford, governoi' and historian of the Plymouth 
 Colony. He is also descended from 'William 
 Brewster, the church elder of Plymouth, and 
 from AI)i-aham ^\\dlmall, \\1)0 perislied at the 
 siege of Louisburg under (n'neral Pepperell, in 
 174."(. His patei'nal great-great-grandfather, 
 Pew .James Wellman, was graduated at Har- 
 vard <'ollege in 1744, and was the hrst min- 
 ister at <'orinsh, N. IP, where his great-grand- 
 father, .lames Wellman, and grandfather, 
 I)ea. .lames Piplcy, spent their acti\'e li\-es. 
 His father, the itev. Joshua ^\'yman Well- 
 man, ]). 1)., was graduated fi'om Dartmouth 
 College in 1S4(), and held pastorates of 
 Congi'cgational <Jiuivhes in Derrv, N. H., 
 and Newton and IMalden, Mass.; he married 
 i:ilen Maria, daughter of the late Caleb 
 Strong Holbrook, ol' Holbrook, Mass., and 
 
BIOGRA PHICA L.—MA SSA CHUSE TTS. 
 
 245 
 
 Prudence Durfee, his wife, who i,\'as a Uiieal 
 descendant of Hon. Tliomas Durfee, of Free- 
 town, Mass., for many years State senator, mem- 
 ber of the Governor's C'ouncih and ,jud,tj,'e of tlie 
 Court of Sessions. A number of Mr. WeUman's 
 ancestors served with distinction in tlie Rev- 
 olutionary war, wliile the family has al\\ays 
 been prominent in civil and business life. 
 
 ARTHUR H. WELLMAN. 
 
 Arthur H. Welhnan, son of Ke\'. Joshua 
 Wyman Welhnan, I). I.)., and Ellen Maria 
 Holljrook, was born in East Kandoli)!] (now 
 Holbrook), Mass., Octoljer 30, 1855, and was 
 graduated from the Newton (Mass.) Jhgh school 
 in 1874. The same year he entered Amliei'st 
 College, from which lie was giaduated \\'itli 
 honors in 1878, delivering the \-aleilictory and 
 a Hyde prize oration and holding memljersliip 
 in the Alpha Delta Phi. lie then spent a. year 
 in European tra\'el, and on his return entei'cd 
 the Harvard Law School, where he remained 
 two years, when lie transfen-ed his studies t(j 
 the Boston LTni\'ersity Scliord of Law, from 
 which he was graduated with tlie degree of 
 LL.B., su'iiiVKi. rinii lavdc in l8^!l^. He also 
 istudied in the office of the late Lyman Mason 
 of Boston, and since being admitted to the Suf- 
 
 folk bar in July, LSS2, has Ijeen actively and 
 successfully engaged in practice in tliat city. 
 
 Mr. \\''ellman is a lawyer and ad\'Ocate of 
 recognized ability, and for several years has 
 occupied a ])rominent place at the Boston bar. 
 He was an instructor in the Boston University 
 Law Scliool h'om 188(j to 1891, when he suc- 
 ceeded the late ICIias Merwin as professor of 
 equity jurisprudence and e<juity })leading, 
 A\diicli position lie lias since filled. He is a 
 Repul)lican in politics, and has held several 
 ottices of trust and honor. In 1885 he was a 
 memlier of the Common (.'ouncil of Maiden, 
 i\Iass., vJiere he resides, and for three years 
 (1889 to 1891 inclusive) he served that city as 
 solicitor. He \\'as a meinlier of the lower house 
 of the Massachusetts Legislature in 1892-1894, 
 being a meml)erof the judiciary committee the 
 first year, House chairman of the committee on 
 cities the second year, and House chairman of 
 that connnittec and of the s})ecial committee 
 on the unemployed and a member of the com- 
 mittee on taxation the third year. In 1895 
 and 189G he was a member of the State Senate, 
 serving both years as chairman of tlie commit- 
 tee on railroads. He lias lieen a trustee of the 
 Maiden Hosi)ital and of the Maiden Public 
 Library for several years, and still holds both 
 positions, and is also a member of tlie INlalden 
 Historical Society, of Converse Lodge, F. it A. 
 M., of Maiden, of the Boston Congregational 
 Club, of the American Bar ^Association, and of 
 the Bar Association of the city of Boston. lie 
 is now a member of the Board of Prison Com- 
 missioners of Massachusetts. 
 
 Mr. W'ellirian was married (October 11, 1887, 
 to Miss Jennie L. Faulkner, and they have 
 two children : Sargent Holbi'ook and Katharine 
 Faulkner. 
 
 LEWIS WASIIIN(;T0N HOWES, Boston, 
 traces his aiK/estry back on both sides to 
 some of the early colonial families of Massa- 
 chusetts, where his grand})arents, Syh'anus 
 and Sarah (Lincoln) Howes and Asa Abbott, 
 were born. Svlvaiius Howes and his wife 
 
24r, 
 
 THE JUDICIARY AND THE BAR OE NEW EN GRAND. 
 
 moved into Maine at an early a,!j,e and spent 
 the remainder of tlieir liveis tliere, living to- 
 gether in wedlock forahout eighty years, lie 
 took a prominent part in the strnggle tor 
 Anieriean independence and died aged over 
 one hnndred years; his wife lived to tlie age 
 of aliout one hundred and died, like her hus- 
 hand, in the full possession of all her faculties. 
 l>oth were strong, rohust people, endowed with 
 
 LEWIS W. HOWES. 
 
 rare intellectual powei's and great force of char- 
 acter, and left to their sou, Sanniel, the I'ich 
 inlieritance of manl\' \'igor and a good name. 
 iVsa Ahhott \\'as hoi'n in or neai' Lexington, 
 Mass., and mariied Miss lii'ooks, moved to 
 Sidney, ^fe., and reareil on a large farm a 
 family of foui' sons and Ihree daugliters. 
 Sai'ah Pleywood Ahhott, one of the daughters, 
 hecanie the wife of Samuel Howes and hy him 
 the mother of the suhject <if this sketch. 
 
 Lewis W. Llowes, the eldest surviving son 
 of Samuel and Sarah 11. (Ahhott) Howes, was 
 horn on a fai'm in Sidney, Me., where, and in 
 yVngusta, Me., he spent most of his Ijoyhood 
 and youth. His eai'ly years were much like 
 those of the a\'ei'age firmei'V hoy. He was 
 educated iji the disti'icl schools of his nati\'e 
 town and in Augusta at the Autinsta Hiirh 
 
 Sidiool, at the ^Liine Wesleyan Seminary at 
 Kent's Hill, at the North Yai'inouth Academy 
 in i\raine, and Phillips Andover Academy in 
 Massachusetts, si)ending as much time in study- 
 in these institutions as if he had taken tlie 
 usual preparatory and college courses to the 
 en<l of a, collegiate graduation. He thus re- 
 cei\eil a thorough classical training, which he 
 supple]nente<l while stuilying hy teaching sev- 
 eral terms of district school. He .studied law 
 foi' tln'ce years with his mother's hrothers, 
 Nehemiah and LFowanl \\. Ahhott, who were 
 then among ttie leading lawyt'rs in Belfast, 
 Me. Howard B. Ahhott soon hecame a noted 
 minister in the Methodist P]piscopal church, 
 hut Xeheniiah contiiuied at the har for many 
 years, attaining distinction as one of the ajjlest 
 lawyers in the State and serving for a time in 
 ( 'ongi'ess. ^fr. Llowes was admitted to the 
 Waldo county har at Belfast in Decemher, 
 LS47, and at once formed a copartnershij) witli 
 his uncle, Nehemiali Ahhott, under the firm 
 name (.)f iVhl)ott A' Ih)wes, wdii(di cijutinued 
 ahout si.x years. Li the I'eading of law and in 
 his first })i'ofessional work he was })eculiarly 
 fortunate, as he was associated with one of the 
 hest aih'ocates in the Pine Tree State. Under 
 thesi' circumstances he nf)t only gained a val- 
 uahle experience, Init came at once into a large 
 clit'utage ami into a Held in which his hest 
 (jualities were developed and hroadened. Li 
 iSo."! the firm dissolved and Mr. Howes con- 
 tinued in husiness alone until LS;");!, w'hen he 
 left lielfast and moved to Pocklaiid, Me., where 
 he remained in active practice till 18G7, Ijeing 
 district attorney of Lincoln (now Knox) coun- 
 ty during the last eight or nine years of his 
 residence there. He was one of the chief in- 
 stigators and promoters of the division of I^in- 
 coln county and the formation of the new coun- 
 ty of Knox. 
 
 In the spring of l.S(i7 IMr. Howes moved his 
 oltice and residence to Boston, Mass., wdiere he 
 has since been successfully engageil in the gen- 
 ei'al jiractice of his })rofession, heing admitted 
 to the Suffolk har ^Fay '2o, LSIJT. Lie was asso- 
 ciated for a time with the late lilmorv B. Smith 
 
lUOGR. 1 PHICAL—MA SSA CHUSE TTS. 
 
 247 
 
 under till' styleof I [ow cs^V' Smilli, and al'tcrward 
 wa^; the senioi' pai'tiier of the firm of Howes t^' 
 Baker, hut otherwise he has pi'aetieed alone. 
 For many yours lie was coiineeted \\ith the 
 trial of numerous im})ortant eases as senior, 
 chiefly of a ei\ il eharaeter. jjattt'rly, however, 
 he has lieen more t'ii,t;'a}4'e(l in office husiness, and 
 . hasaeted much as niastei-and auditor, lie was 
 counsel for the defendant in tlie eelehrate(l 
 l:)reacli of promise ease of A'an llouten w Morse, 
 in which a verdiet of l}j!40,IHIt) was linally set 
 asidehy the full eourt, on defen(lant'sexee[itions. 
 He was also conneeteil with se\"eial of the Peni- 
 l.)erton ISank eases, and witli tlie famous "dri'ss- 
 niaker ease'' of Flynt \-. (.'oolid,i;c, wliieh in- 
 volved a dressmaker's l)ill of aliout 8-!.IHlO, 
 and which attracted wiile attention at the 
 time. Mr. Howes owt's his settlement in ISos- 
 ton lar.nely to the ad\-iee of tlu' late Henry \\'. 
 Paine, upon wliose i-eeommeiidation he was 
 admitted to the har. That he decided wisely 
 is evident from the fact that he has achie\-ed 
 success and rejiutation, and that his pi'ofes- 
 sional career in Suffolk county, coveriii.tf a 
 period of thirty-two years, has won f<ir him an 
 honorahle stamling and uiii\-ersal confidence 
 and esteem. He is an aide la\\yei' and ad\'0- 
 cate, well ,i;'rounileil in the princi^des of prac- 
 tice and of legal learning, and as master an<l 
 auditor, has displayed e.xcelleut judgment, 
 broad and com[)rehensive knowledge, and 
 sound common sense. 
 
 In politics Mr. Howes has heen an ai'dent 
 Republican since the organization of the paity 
 in l.S.Ki. He resiiled in Cambridge, Mass., 
 from IST-') to Is.Sli, and was a i-cpi-esenlative 
 from that city to the lowei- house of the Legi.s- 
 lature in Lss:; and 1S.S4, serxdng both terms 
 as a member of the judiciai'y committee. P'l'oni 
 1867 to 187;!, and since l.s.sti, he has lived in 
 Boston, and for one year be was a bar exam- 
 iner for Suffolk county, his colleague being 
 Jolm S. Akibott. 
 
 Mr. Howes was marricfl in June, I.Sol, to 
 Clementine E., daughter of Uev. Jobn Allen, 
 of Farniington, Me. She was a sister of the 
 mother of Xordica, the distinguished vocalist. 
 
 They had ibn.'c (diildi-cii: .John j\llen l[ow(.'S, 
 wlio died ill 1.S74; Mary, who dieij in the au- 
 tumn of l.S.SO; and Annali |j., who I'esides in 
 W'altbaiii, .Mass., wlici'e she is a \'ei'y jiopular 
 and accomplished musician. Mi-s. Howes died 
 in May, ISSO, and on -lanuary 1, 1.SS7, Mr. 
 Howes marrie(l Miss Helia A. \'arney, who 
 bad lieen for many years a pi'omincnl teacher 
 in the Boston pulilic s(dio()ls. 
 
 EDWARD 
 Doston, 
 
 1) r.FLCHl-d; C.MJJvXDFU, 
 
 is a lineal descendant of I'dlis 
 (.'allender, the lirsl liaptist minister of liostijii, 
 aliout Kidl, and of .lonathan l)(dclie|-. i-oyal 
 gO\'eriior of Massacliusi'tts l)a\' from August (i, 
 17.jO, to August 17, 1741. His great-grand- 
 father, Henjamin ( 'alliaidei', was a founder. 
 
 EUWAKlJ I;. CALl.ENDhK. 
 
 with Paul lte\'ere and others, of the Massa- 
 chusetts t'liaritablc Mi'cbanics' Association, 
 and one of its original dirccloi's. His grand- 
 fathei', Uicbai'd ISelcher <'allen(ler, was a 
 prominent IJoston merchant engaged in the 
 West India trade, and for many years was a, 
 meinber of the lioston ('ommon Council. 
 Henry (.'allender, his f.ather, was a member of 
 the wliolesale groeerv firm of Nash, Callendcj' 
 
248 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 & Co., of Pjostoii, wliicli liocame Nash, Siiaulil- 
 ing A (_'o., and iluring tlie latter })art of his 
 life was engaged in the same business for liini- 
 self. He married Adeline Jones Stoddard, 
 whose fatlier, James Jones, moved from Nor- 
 wich, England, to Providence, K. I., and whose 
 mother was Elizal)eth C'oolidge, a mem])er of 
 an old and respected family of Waterto\\n, 
 Mass. 
 
 Edward B. Callender, son of Henry and Ade- 
 line Jones (Stoddard) Callender, was born in 
 Boston, Mass., February 2.'], ISol, and re- 
 ceived his preliminary education in the public 
 schools, graduating first from what was then 
 the Adams (irammar School in Dorchester and 
 in 1S()7 from the Dorchester High School. He 
 also spent one year in the private scliool of 
 George W. C. Noble, then entered Har\'ard 
 University, witJiout conditions, fi'om \A'hich he 
 was graduated in 1872 \\ith honors in history 
 and political economy. Wliile in college he 
 liecame a member of the Delta lva})pa E})silon, 
 of the Institute of 1770, and of the Hasty Buil- 
 ding Clul). Innnediately after graduating he 
 entered the law office of Morse, Stone & Green- 
 ough ami in 1.S7;; the Harvard Law School, 
 where he remained one year. He continued 
 his legal studit's with Rol.iert M. Morse, jr., of 
 Boston, and u})on his admission to the Suffolk 
 bar in May, ].S7o, ])egan an active professional 
 career in his native city. A\'ith()ut any part- 
 nerslii[is he has liuilt up a large general ])rac- 
 tice, which has specially developed into the 
 dei)artments of commei'cial and mercantile 
 law. 
 
 Mr. Calleniler is an able ad\'ocate and coun- 
 selor, and for several years has occupied a 
 prominent position at the l>ar. He is a l>rill- 
 iant speaker and conversationalist, thoi'ough- 
 ly versed in general literature as well as in 
 the science of the law, and activel}' interested 
 in all i>ublic matters. As a writer lie has 
 achieve<l a considerable reputation, being the 
 author of "Thaddeus Stevens: (.'ommoner," a 
 a liiography published in 1882, and of "The 
 Leg BuUers," a political novel, jiublislicd in 
 189o. He has also been a frequent cfnitribu- 
 
 tor to the old American Law Review, to the 
 Southern La\-\- i;e\'iew, and to the public press 
 and leading magazines. He has always been 
 an ardent Republican, and with Hon. Charles 
 Johnson Noyes, of Boston, made a number of 
 stirring speeclies in tlie Southern States in be- 
 half of his party. These two gentlemen were 
 among the first to attempt such a tour in the 
 South after the war of the Rebellion. Mr. 
 ('allender represented the Dorchester district 
 of Boston in tlie lower house of the Legislature 
 in 1879, 1897 and 1S98, and took a prominent 
 part in many im]i)0rtant legislative matters. 
 In 1.S79 he was a meniljer of the committee on 
 l)robate and chancery and in 1897 of the com- 
 mittees on probate and insolvency and public 
 health. In 189S he served as chairman of the 
 committee on public liealtli and as a member 
 of the committee on street railways. He is a 
 liublic spirited, progressive, and [)atriotic citi- 
 zen, and in e\'ery capacity has ably and effi- 
 cientlv discharged his duties. 
 
 /CHARLES SIDNEY ENSIGN, Boston, .son 
 \_J of Sidney Ariel and .lulia Maria (Brock- 
 wav) Ensign, was fiorn in Hartford, Conn., 
 ■luly 2(], 1842. He is of English descent, the 
 name first apjiearing in l;]9o, when W'illiam-de- 
 Ensinge owned and occu[)ied a landed es- 
 tate at Chilliam, near Canterbury. The name 
 was afterward spelled Ensiiig and hnally I']n- 
 sign. The common ancestor of the family in 
 America was James Ensign, a man of strong 
 character :uid intellectual po\\'er, \\lio \\'ent 
 h'om Cambridge, Mass.. with Thomas Hooker's 
 colony to Hartford, Conn., as one of tlie orig- 
 inal proprietors of the Hartford I'lantation. 
 He was pi'ominent in cliurch and town affairs, 
 held a numlier of important offices, and died 
 in Hartford in 1()7(), leaving a large estate, 
 mainly in land in and near the town. His 
 son, Da\dd Ensign, was one of the iirst set- 
 tk'rs in West Hartford, (_'onn. From him 
 the line is as follows: (•")) Thomas Ensign, ol" 
 Hartford; (4) Closes Ensign, of Hartford; ('>) 
 
B [OCR A PHTCA L . —MA SS. I CH ( 'SE T TS. 
 
 249 
 
 Isaac Eiisitiii, a noted and skillful Mac/ksinitli, 
 a siililitM' for a sliort time in the KcN'olut ion, 
 and ( 1 770) tlie veeipient of a ,urant. of land from 
 >Siins])urv, (_'oini., to remo\'e tVom Jlai'tfoi'd an<l 
 loeafe fliere; ((i) Ariel lOnsi^n, a leaidier, nier- 
 ehant, the compiler of the lii-st directory of flic 
 city of Hartford in iS-JS.and later an editor in 
 New Yoi'k, wdu're he died ahont 1 S44 : and (7) 
 Sidney Ariel Ensign, a mcrehaid in llailford 
 and afterward an exteiisi\-e I'cal estate operator, 
 owning laml in that city, in New \'ork, and 
 m the A\'est. He died Apiil I'.s, l.si):;. He 
 was a Hne ace<inntant, a inemher of the Hai't- 
 ford city ,i;'o\"erninent, ami a man of uiujues- 
 tioned inteurity ami i^reat indnstry. l)nrinLi, 
 fhe('i\dl war he was trcasui-cr of the I'nion 
 l)efense Connnittec of I lartford, and handled 
 upwards of S-^IH),(I(I() f,,r that hodv. 
 
 The Ensign family has always hccii distin- 
 guished for its patriotism and foi' its suhstan- 
 fial (jualities of head and lieaiL f"or geiiei'a- 
 tions tlicy ha\'c exhihiteil the typical New 
 Englaml characteristics of entei'prise and ad- 
 vanceinent (/ondiiniMl wifh those stui'dy, stea(U', 
 enlightened traits of int(dlectual ahility which 
 command as well as (leser\'c suc(;ess. Xe\-er 
 seeking ofHce, they havt' iie\'erth(dess tilled 
 inany important positions. Without display, 
 tlnyv have achii.'ved prominence and honoi- in 
 the professions, in husiness, and in e\'i.'j-y [)ur- 
 suit. Tra(/iiig theil' descent from a comnion 
 ancestor, James i'hisign, they lia\'i' not only 
 inherited a striking indi\iilnality, hut ha\'e 
 liroadeiied and exemplilidl that standard of 
 culture an<l i/itizenship wdii(;li was i-aisi'il more 
 than two hunili'cd and lift\' y(.'ai's ago. Ariel 
 Ensign, of the sixth gcnei-ation, mari'ieil Jloxcy 
 (iilhert, a descendant of .Jonathan (iilhert, the 
 first nrarshal of the Hai'ttcird citlony, and gi-an(l- 
 fatlier of Jonathan Bclidici', colonial govcinoj' 
 of Massachusetts and latci' of New Jci'scy. 
 Sidney Ariel J<]nsign, son of Ai'iel, mari'ied 
 Julia Maria, daughter of i\lva and Majia (Hidl) 
 Brockway; great-grandilaughtcr of Samuel 
 Brockway, wdioscr\'e(l uinler i'eppci(dl in the 
 siege of Louishurg; a gi'anddaughtci' <if fjlijali 
 BiTjckwav, so]i of Isaac, a drnmmc'i' in the war 
 
 of Isl'j, and a dii'cct descendant of W'olston 
 Brockway, (Hie of I he <)i'iginal sett lers of Lyme, 
 (.'onn. ()ii hei' niolliei''s side she was a cousin 
 of Isaac Hull, of 1 )cti'oil fame, and a descendant 
 of Dr. John Hull, of Wall ingford, ('onn. 
 
 ('harlesS. faisign i-ccei\'ed his prcdiminary 
 education in the puhlic and high schools of 
 Hai'tford, attending in tln' mean time the [)i'i- 
 vate school of Ivlwai'd L. llaiJ. in Eai'iinngton. 
 Though twice [ircpai'cd foi' college h<' was 
 
 CHARLES S. ENSIC.N. 
 
 ohliged to abandon the hope of a t-ollegiate 
 traiiung on ai/count of poor health, from wdiich 
 he suifered during his entire youth and early 
 manliood. It was his intention to enter Yale, 
 but, ha\dng i-ccovci-ed his sti-cngtli, he com- 
 menced the study of law in the office of Thomas 
 (A and (Jharlcs E. I'ei-kins, of Hai'tford, and 
 afterwarils at the IIai'\ai-d Law School, fi-om 
 wdiich he was graduateil with the dcgi'cc of 
 IjL.15. in Ist;:;. He remained another year at 
 Har\'ard, as a rcsidiait graduate. He was ad- 
 mitted to the Middlesex bar at Canibridgc in 
 l!Sfc)4, a.nd in July following to lh<' ( 'onnecticut 
 bar at Hartford. Soon aflei-wards Ik; was ad- 
 mitted to the bar of the Lnitcd Slates ('ir(aiit 
 and District ( 'oiirts. 
 
 Mr. iMisign began acfi\-e pi'actice in Hart- 
 
250 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 fori], and in Isijrj, when only twenty-two years 
 old, became a iiienilier of the Coinmon Council. 
 The sanu' year he went to Europe, and, a\'ail- 
 ini;' liiiiiself of a privilejj;e then open to Aniei'i- 
 cans, entered the ('olle.s^-e of 1*' ranee at Paris, 
 where lie atlendeil general k'ctures. He also 
 tra,\-eled over the cf)ntinent (|uite extensi\-ely, 
 in iStiT returned Ikjuic ami in Ajiril. ISUS, 
 was admitted to the New York har. He 
 opened an oflice and toolv up his residence 
 in New York city, wdiere lie soon acipiired 
 a successful [tract ice, and wdiich has ever 
 since heen tlie sct'Ue of a hir,L!;e part of his 
 professional lahors, tiiou,i;h in late yeai's his 
 business has centei'ed mainly in ]>oston. In 
 IsyO he moN'ed his home to Ih'ooklyn, wdiere 
 lie took an active pai't in puldic ahaii's, ser\'- 
 ini;' as president (jf tlie Citizens' Association 
 and also of the Tax-Payers' (ienei'al ('oiimiit- 
 tee, wdiicb contributed largely to the nuuiitdpal 
 purity of tliat city. He was also a member of 
 the iuflueiitial, non-partisan "Committee of 
 One Hundred." 
 
 in 1S71) Mr. Ensign remoNH'd liis residence 
 1o W'atertown, Mass., an<l in 1H,S4 enu'ancd in 
 active jiractice in Iktston, where he has since 
 maintained an oHice, still continuing, llowe^•er, 
 professional relations with the bar of New York 
 city and Hartford, whither he is often called on 
 le}i:al business. Jn A\'atertown he also took a 
 leading' part in public matters, serving as 
 chairman of the lioaiil of trustees of the ^^^ate^- 
 town Public Library and Iteing for eight yeai's 
 a meudiei' of the School Commitlee. He (U'- 
 clined a re-election to each oIKce. In ISDl he 
 represented W'atertown and Ikdmorit in the 
 Legislatui-e of ^lassachusetts, being elected by 
 liejiuljlican and J)enioci'atie \'otes, and by his 
 independent (/ourse exei'cisiMl gi-eat inlluence 
 in shaping legislation. He was House (diaii'- 
 niaii of llie libi'ary commitlee and clerk of the 
 committee on probate and insoh'ency, and was 
 one of the twenty members wdio caused the de- 
 feat of the so-called salary-grab bill. His 
 legislative record was highly commended by 
 both Re]>ublican and I )emocrati<- newspajiei's 
 throUijlKait Ihe ( 'onimon wealth. In 1 S9.'i lu' 
 
 was the candiilate for senator IVoni that dis- 
 trict on a citizens' ticket, but was defeated by 
 the Republican nominee by only nineteen 
 votes, the usual Republican majority being 
 ;!.(H)0. This <Iefeat was due to the refusal of 
 the authorities to allow a I'ecount of tlie vote 
 in the idty of AValtham, as everything pointed 
 to the election of Mr. luisign. 
 
 In 1.S97 be moved his residence to Newton, 
 Mass., wliei'e he continues to exercise the same 
 active interest in public atfaii's that he dis- 
 playeil in lirooklyn and Watertown. He was 
 a candidate for alderman in 1<S9,S, and is seci'e- 
 tarv of the Newton ^Monday Evening Club, 
 
 Mr. I'kisign has been prominent in other jio- 
 litical ca[iacities. During tlie 'J'ilden cam- 
 paign he was a memlie]' and corresjionding 
 secretary ol' the Hemocratie ( k-neral Committee 
 in King's county. New York, and later in the 
 lilaine campaign in Massachusetts, he was an 
 acti\a' member of the Independents. After- 
 ward he became a member ainl clei'k of the 
 t'-xecutive t-ommittee of the Massacdiusctts 
 Young ]Men's Democratic Club. As moderator 
 and jircsiding oflicer at e\-ery kind of public 
 meeting he has been in freijueni and constant 
 <Iemand since the age of sixteen, and bis ex[ieri- 
 ence in this capacity has been both interesting 
 and \-aluable. He is an able parliamentarian, a 
 ready and fluent speaker, and a talented writer. 
 His numei'ous puldic addresses and papers, 
 principally in the line of history, show great 
 literary skill and taste, and have won for him a 
 wide reputation amctng amateur literary lights. 
 He is a memlier of the CcMinccticut Historical 
 Socicly of Hartford, of the ( Vmgi'egational ( 'lub 
 of Poston. and of the New England Historic 
 (ienealogical iSoeiety, and formerly a, nieinbe]' 
 of the council and corresponding secretarv of 
 the latter body. He was an original member 
 and one of the incorporatoi's of the Ilistoiacal 
 Society of Watertown, is clerk of the Eliot Re- 
 ligious Society of Newton, and is connected 
 with varicais other organizations, including 
 the American Ilistoiical Association. 
 
 ;\Ii-. Ensign has been irientioned for judicial 
 honors and urgeil to accept many important 
 
BIOGR. I PHICA I,.— MASS A CH USE TTS. 
 
 251 
 
 ottici's and trusts, liut asiile froiii })ertViriiiini;' 
 tlie duties of a [)ulili(_' sjiiritod, |ir(:)nivssi\'(.' (/iti- 
 zt'U lias ratlier avoidcMl tliau c-ourtod jiulilic 
 life. He has never sounlit jKilitieal incffr- 
 ment. The otKees he has tilled have hceu 
 ur^ed upon him \\-ithout solicitation on his 
 }>art, anil often witlmut his kmiwledne and 
 against his \\-islK's. As a lawyer lie has hriai 
 eminently sueeessful. He has nften acted as 
 arliitrator, was United States ( 'onniiissioner uf 
 the ( 'ourt of ('laims for ISustmi, and in New- 
 York frequently sat as refert^e. There, ton, he 
 \\'as successively appointed a mitary hy (inv- 
 ernors Tilden, ( 'li>\'eland, ('uniell, and others, 
 while in lioston he has lieen f ))• many yi/ars a 
 justice iif the jieaee. l'"rom a n'cneral pi'actice 
 his husiness has de\-cliiped largely in the line 
 of real estate, trust, prohate, ecclcsiastii/al law, 
 and important will cases. During- his can/ei- 
 at the liar he has lost not mure than half 
 a dozen cases, a fae-t wdiich at uiice shows his 
 aljility and his success. His practici.' has 
 heen nf the hi^'licst class, entii'dy ci\'il in ils 
 scope and cliai'actcr, and fi'cc fi'nm any i|U('s- 
 tionalile proi/cdurc Many nf his i;ases lia\'c 
 lieeii settled hy him lieforc they wei'e firouu'lit 
 to trial, to the i;cnci'al satisfactinn nf all cdii- 
 cerncd, and to his honoi' and ci-cilit as a trust- 
 worthy lawyer. 
 
 .Ml'. Ensign marrii/d 1 )ec(aiilicr 'i, ISliS, Aii- 
 geline Faxon Harkcr. daughter nf the late 
 Hiram 15arkcr and Hepscyhcth Faxnii, ut 
 Brighton (Bostdii), Mass., and a great-graiid- 
 daugliter of Lieut. Roger Adams, wdio was at 
 till.' liattle of Lexington in 177o. Her fatlicj- 
 was a prominent liustnn mercliant. They ha\'e 
 twii children : Angle ( lertrudi.' and < 'harli.'s Sid- 
 iie\', jr. Till.' latter was gi'aduah'd h-iaii Har- 
 vard <'ollegi.' in l.SitSI, ha\'iiig eumpleted a 
 regular foui- years' ci.iui'se in tliri'e ( 1 S!)."i-!l.S), 
 and is now (Lsy9) a student at tin.' Har\ard 
 Law School. 
 
 o, ls."(4. His American ance.stfirs were all 
 -Massachusetts people, the til'st of wdium settled 
 in Maiden prior to Uio;!. His parents, both 
 nati\-cs iif .Massachusetts, went Smith in ]8;j2, 
 and returned to ?\lassacliiisetts in 1S7.'!. 
 
 P^verctl W. Lurdett passed his early hoy- 
 hiiod ill .Memjihis, Tiainessee, wdiei'e he was a. 
 witness (if many uf the inust stirring scenes of 
 till.' ('i\ii War, the city lieing first held by the 
 (.'onfederate troo}is and afti-rwards by the Fed- 
 
 EVEKtTT W. BURDETT 
 
 E\'FKFTT WATSON LCKDFTT, Lostun. 
 smi of Augustus P. and Marianii (N'ew- 
 riiaii) ISurdett, was born in Mississippi, April 
 
 erals. His fither was a stauiK.-h supporter of 
 tlie I'niou causi.', and was siibji.'cted to persecu- 
 tion f:ir his loyalty. 
 
 At thirteen years of age young Burdett was 
 sent to school in Massachusetts, wliere his edu- 
 cation was completed in prix'ate schools, ex- 
 cejit that lie attended Washington rni\-ersity 
 in St. Louis, Mo., fill- ,a brief period. With 
 tills exception be lias resided in ^lassachusetts 
 since |,S(i7 and in Boston since 1.S7!*. IK-'en- 
 tei'ed the lawsidiool of Boston riiix'crsity in 
 lS7.'i and was graduated with the degree of 
 LL.B. in the class of 1S77. In May, LS7,S, he 
 was adiiiiited to the .Siilfolk bar, and has since 
 been acti\'ely engaged in practice in Boston. 
 He began practice with Hon. ( 'liarles A lien, 
 late senior associate justice of the Supremi' .Ju- 
 
252 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 ilicial (_'ourt of jMussacliusetts, in wliose (illice 
 1k' had stuilicil. Sdoii after, liowe'\'er, lie was 
 a[ipointo(l assistant United States attorney for 
 tlie distriet of ^lassaeliusetts, and served in 
 tliat ea})aeity for nearly tliree years, trying 
 sul)stantially all of the eases for the gov- 
 ernment during the latter part of liis in- 
 euml^eney. lie then resigned, and entered 
 upon the general pra(;tiee of the \n\\, to which 
 he has sinee de\-oted himself exclusively. 
 His present i)ractiee I'elates chiefly to husiness 
 and corporation matters. Jle became counsel 
 for electric lighting interests almost as soon 
 as the industry was established in ^Nlassachu- 
 settS; and has since been the attorney of the 
 most important com[)anies in that husiness. 
 He has also been much engaged in electric 
 railway matters. He has been the general 
 counsel of the associated electric lighting com- 
 })anies f)f the Commonwealth since their or- 
 gainzation into a State association in 1.S89, 
 and has acted in the same capacity for the 
 State association of electric i-ail\\"ay compaines. 
 He also acts at times for similar companies 
 and associations in other States. 
 
 Afr. J3iu'dett has recently gi\'en much atten- 
 tion to street railway nuitters, and was one of 
 the prime mo\'ers in practically consolidating 
 over thirty of the principal companies in east- 
 ern Ahassachusetts and Rhixlc Island under the 
 name of the "Massachusetts Electric Com- 
 ])anies," of which lie is a trustee. This oi'gan- 
 ization has a trackage of moiv than (55(.) miles, 
 said to be the largest street railway mileage 
 umler one manageijient in the world, extending 
 from Nashua, X. II., on the mirth, tn Newjiort, 
 K. I., on the south. 
 
 For some years be was in partnersbiji \\'itli 
 Hon. Daniel W . (Jooidi, formcily a member of 
 CI ingress from .Massachusetts. Since LSS.j be 
 has been associated with (.'hai'les A. Snow, esip, 
 since ].S9;_! umU'i- the Arm name of Burdctt A: 
 Snow. 
 
 .Mr. ISui'dett is the li'i;turci' on mi'diral juris- 
 pradencc in the medical sclmol of I'xiston I'ni- 
 \'ersity. He is a joint autlior(wit]i Mi'. Snow) 
 of the Massachusetts scctiiin (if l'"i:iote and l-]ver- 
 
 ett's elaborate work on the "Law of Incorpo- 
 rated Companies Opei-ating under .Municijial 
 Franchises." A iiumbei- of his arguments 
 have been jiuldisbed, notably those in op}iosi- 
 tion to municipal ownei'sbip and operation of 
 }iublic-ser\'ice enter}irises, and an elaboi'ate 
 argument, amounting to a treatise, upon "The 
 Kelations of Street Railway and Muiiici|ial 
 Corporations in Massachusetts," delivered be- 
 fore a special commission ajipointed by the 
 governor of that Commonwealth in 1.S97. P^or 
 two years he was president of the Mercantile 
 Library Associatirui of Boston. He is now a 
 trustee of the Massachusetts Iloineopathic LIos- 
 [lital and a director in se\'eral business corjio- 
 rations. In politics he is a Repuldican. He 
 is a meml)er of the Algonquin, ('urtis, and 
 Athletic (.'lubs of Boston, and of the Boston 
 Bar iVssociation. 
 
 ^Ir. Burdett married Miss Maud Warner of 
 Boston. They lia\e two children : ]\Iarioii and 
 Paul, both born in Boston. 
 
 EDWAIH) BANCS. Bo.ston. was descen.led 
 from Ivlward Bangs, ^^ho, in \i>'l'-'>, came 
 from Englaml to Plymouth, Mass.. in theshiji 
 Ann, the last of the three ships of tlie Pilgirnis, 
 and who married Lydia Hicks, a passenger in 
 the same \'essel. She \\as the daughter of Iiob- 
 ert Hicks, a leatlier dresser, of London, and a 
 niece of Sir Baptist Hicks, after\\'ard \"iscouiit 
 Camden. The line is as follows: (1) Edward 
 Bangs, born in PlHl: (2) .lonathan Bangs, 
 liorn in Kidd; (:!) Edward, Kifi-"); (4) Edward 
 1(]94: (-1) ISeiijamin, 1721 : ((j) Benjamin, \1')X\ 
 and (7) Isaac, 17S7. The descendants of the 
 Hrst Edward intermarried witli inaiiv of the 
 Pilgrim and Puritan families, and were useful 
 and influential citizens, maintaining honoralile 
 positions ill their respective communities. A 
 great-uncle of the subject of this article \\-as an 
 oHicer in the Ke\-olutionary army, and in Is90 
 Mr. liangs published bis diary. Edwanl D. 
 Bangs, a cnusin of Isaac, was the honored sec- 
 retary of -Massachusetts from 1x24 to ls;](j. 
 
BIO GRA PH/CA L . — JIA SSA CH USE T TS. 
 
 253 
 
 Edward Ikings, sc)!! of Isaac and Alicia (\a- 
 Cain) lianas aiul a nvandsoii <m liis luotlicr's 
 side (_if .Idliii and Sarah ( ProxdiKn') Lc <'ain, of 
 Aiinapoliw finyal, Nova Scotia, was lioni in 
 Boston, Mass., .lul>- Ki, ISL'.",. When a lioy lie 
 formoil an acijuaintancc witli Ilai^jh Waldo 
 Eincvson that ri})cned into a lifelong friend- 
 ship), and was onl\- intei'rupted hy death. 
 Aftei' conipletinn his ]ire]iarator)' stndics Mr. 
 Banes entered Harxard ( 'olle^i.-, from which 
 lie was gi-adnate<l in lS4(). lie was csjiecially 
 fond of till' classics, and at one of the exhihi- 
 tions was assigned a Latin dialoij,ne with his 
 classmate. Prof (ieorge M. Jjane, afterward llie 
 distinguished scliolar and authcir. His eoii'c- 
 spondence shows that he kept up his knowd- 
 edge of hatin, and to srmie e.xtent of (ireek, 
 during his life. In college he held si'N'cral 
 positions of honor and was grand marshal of 
 tlie Porcellian Cluh during the four ycai's. 
 Among his (.dassiriates were \\'illiam Solder 
 Dexter, lion. ( ieorge Fi'ishie Hoar, Or. ('liarles 
 Eliot Nro'ton, Prof A\'illiam T. Harris, Prof 
 iM'ancis .1. Child, Dr. Calvin Ellis, .ludge 
 Augustus Loi'd Soule, and Prof (_'harles Short. 
 Soon after lea\ing Harvard Mr. Bangs and 
 several other memhers of the (dass ot ls4(i 
 formed a small social cluh. wdiieh has sni'\'i\-ed 
 to this day, unhroken except hy deaths. 
 
 The natuial inclination ()f Mr. Hangs wasto 
 a Iiterai'\' life. He was a wiile reader, a stu- 
 dent of ])hilosophy, especially of the woi'ks of 
 Plato, and could always enli\'en and enrich 
 his coin'crsation with ane(;d<"jtes and illusti'a- 
 tions drawn fi-om sources wdiich few had ex- 
 plored. His literai'y tastes weiv sti'ong, hut 
 not heing at that time indej>endent in foilune 
 he hccame a lawyer, studying at thi' IIar\ai-d 
 Law School, fi'om wdii(di he w.-is giaduatc(l 
 with the degree of LL.H. in l.s4!». He was 
 adnutteil to the Suffolk har Och>hei' 7, 1 s")0, 
 iind at once estahlished himself in Poston, 
 wdiere he was associated fVir sex-ei'al years with 
 Idon. I\l)ene/.er Pockwf)od Iloai', since deceas(.Ml, 
 and Hon. Iloi-ace ( iray, now an asso(dale jus- 
 tice ol'tlie Cnited States Su]»remi' ('oui't. His 
 great rnodestx' and a cei'tain slii'inking fi'om 
 
 the rough work of Jury ti'ials pre\'enteil him 
 from aUaiinng a large coui't pi-actici-, and, he- 
 sides, his physical powers would hardly ha\'e 
 sustained the strain of the exhaustive sciwice 
 hefore juries. He ilid, liowevci', ai'gue some 
 important cases, including a celehratcil jirize 
 cause at A\'ashinglon, and gained the reputa- 
 tion of heing an ahle ad\'0cate. The judges 
 hefore wdiom he spoke praised him highly for 
 
 EIJWARD BANGS. 
 
 the clearness ami cijgeiicv of his arguments. 
 After Mr. Hoar was ap])oirded to the hench in 
 1S.19 Mr. Pangs drifte(l into trusts and em[)loy- 
 nients of a less conspicuous nature than ai'e 
 those of a law\'ei' trying cases in the courts, 
 hut equally useful and important. The late 
 Dr. (ieorge Iv I'd lis, presiderd of the Massa- 
 clius(dts Histoi'ical Society, said of him: "He 
 turned his legal training to prolitahlc uses in 
 the adnnidstralion of alfaii's coirnidtted to him 
 l)ecaus(.' of his ahility and his high re]>utation, 
 which won foi' him the esteem and coididence 
 of intimate friends ;nid of our community." 
 
 j\Ir. Pangs was a trustee of the oldest. sa\'- 
 ings haid< in Pmston and of the ('enti'al Wdiaid 
 Cor[)(U'atioii, a dii'ccinr of the ('hicago, Purl- 
 ington and C'nin''.^' Pailroail <."om[)any, and 
 the ti'ustce of miiiiei-ous large trusts and es- 
 tates. In Isyl he foimed a copai't nci'ship 
 
254 
 
 THE JUDICIARY AND THE BAR OE NEW ENGEAND. 
 
 with Siiiiinol Wells, son of ( iov. Sjimut'l Wells, 
 of Maine, under tlie liriii name of Ban<j;s ct 
 Wells, which still continues, the surviN'iug 
 menil.)ei's Ijeini; Mr. Wells and a son of each ot 
 the partners. Mj-. liangs died Fchi'uary 1*J, 
 1S94. 
 
 lie was a |)roniinent nieniher ami a \'alued 
 contrihutoi- to the Massachusetts Historical So- 
 ciety, a iiiernher of one of the earliest Adiron- 
 dack (duhs and a ineinlier of the .Somerset 
 Cluh. For several years he li\-edon his estate 
 at ^\'atertowll, ^Fass., w here he ser\-ed as select- 
 man and memlier of the S(;hool ('ommittee. 
 In lS().l he I'eprescnted Watertown in the 
 lower house of the ^hissaehusetts Legislature. 
 ''He iriight lia\'e ser\'ed in many pulilic offices 
 had liis tastes allowed him to seek oi' fill them." 
 Though shunning puhlic lif/ he was deeply 
 and acti\'ely interested in puhlic questions, 
 and formed his indt'pendent judgment, often 
 in opposition to theo[)inion of the hour. Thus 
 he was convinceil that Tilden was idected 
 ]>i'esident in lS7(i, ami also that the policy of 
 i.ssuing irredeemahle papei' money was un- 
 necessary, foolish, and wasteful, and that e\'en 
 in time of wai' millions w^ould ha\'e heeii saved 
 liy a m<ii'e coiiservati\'c Hnancial course. He 
 \\'as an enthusiastic sportsman. 1 Miring the 
 latter pai't of his life he spent his wiiitia-s in 
 ISostoii and his surrnuers at Wareharn. Mass., 
 ^\dlere he owikmI a farm, ujion wdiicli he took 
 s|)ecial d(dight in [ilanting foml foi- the game 
 Iiirds that he imported. In this attemjtt to re- 
 store the game liii'ds to something like their 
 former aliundance he met with muidi suc(/ess. 
 He was quietly and etfectively genei'ous to the 
 poor, courtei")Us and genial in all his inter- 
 course, and [iroijiinently idiaititied with the 
 liest inti'i'csts of the community. I h.' aidiie\-ed 
 a foremost jiosition at the har. heing widclv 
 i'e(.'f)gnized as a wise counselor and a man of 
 sound judgment and unquestioned intl.■gl•it^■. 
 As a citizen he was uni\'ersally respected. He 
 always displayed a di.'cp interest in literature, 
 as prcN'iously mentioiK.'d, and (")n oin' occasion 
 hrouglit to the notice of his litelong fi'iiaid, 
 Mr. I']mei-son. those remarkalile tales of "Pe"' 
 
 Woflington" and "(.'hristie Johnstone," by an 
 author then cor]iiiarati\-ely unknown, and 
 through him induced their puhlication in the- 
 United States. 
 
 Mr. Bangs was married Sejiteniher 2.1, iSolj, 
 to Ainie Outram Hodgkinson, daughter of 
 David Hodgkinson, of Thurgarton Priory, 
 Notts, Fngland; and a great-great-great-grand- 
 ilauchter of (lov. Thomas Hinckley, of the 
 Plymouth ( 'olony. She sur\-i\'es hirji, as do al- 
 so two daughti-rsaml three sons, one of the latter 
 being Edwai-d Api)leton Pangs, noticed else- 
 \\di(.a-e in this work. 
 
 EDWARD APPLETOX PAXdS, Poston 
 is the son of the late Ivlward Pangs^ 
 wbosi.' memiiir ap[)ears in this woj-k, and a de- 
 scendant of Ivlwai'd Pangs, wdio came from 
 England to Plymouth, Mass.. in the ship Aim 
 
 EDWARIJ A. BANGS. 
 
 in l(i'_!o. His mother, Anne Outram Hodg- 
 kinson, was a daughter of Da\-id Plodgkinson, 
 ot Poston, and a great-gi'eat-great-granddaUL;h- 
 tei-ot(;ov. Thomas Hinckley of the Plviuouth 
 ( 'olony. 
 
 Mr. Pangs was born in Watertown, Mass... 
 
BIOGRA PHICAL.—MA SSA CHI 'SE TTS. 
 
 255 
 
 on the 27tli of Jum', iSdO. lie was c(lu<"itc(l 
 in ISo.ston in the jivix'atc sclidol of Miss Adams 
 <.in lirinnnur strt't't and at ( ifor^c W. ( '. Xolilc's 
 private SLdiool on Winter strcci, and tlicn en- 
 tered Harvard ('olleu'e, from \\dii(di lie was 
 H'raduated in 1S,S4. Amonn' liis (dassmaies 
 wiai' T. Jeiferson ( 'oniid^e and (inrdim Alilmti. 
 of lioston, and many otliers w lio lia \'e aidnes'ed 
 distinetion in eivil and professional life, <)ii 
 lea\'ini; eolk\ii;e Mr. lianas liccanu'a student in 
 the office of ISanus A' Wells, the former lll■in^■ 
 liis father and the latter Samuel Wells, son of 
 (iov. Samuel \\'ells, of ^hiine, lie was ad- 
 mitted to the Sulliilk har in January, issy, 
 and since tlK'U has jii'acticed his prufessiim in 
 Boston inconncclidn \\'\\\\ the fn-m of llamas 
 A' Wells, of \\dn(di he hccame a [)arlner -hni- 
 uai'v 1, l.S9;i. His father died Fehruary 1 <;, 
 l.St)4. 
 
 Mr, l)ani;s lias dcN'otcd hiurstdf almnsl c.\- 
 ■cdusiN'ely to trust, real estate, and prohate law, 
 and t<i the manaucment and care ef pr<)]Hat\' 
 Cifuthers, lie has develope(l marked ahility 
 and gained a In^li standing at the har, and 
 has heen ennncntly successful. As a citi/.cai 
 he is puhlic spirited and pl'nuivssi\-e. He is a 
 rnendicr of \"arious oryani/.al inns, ineludiiiij; 
 the I'uritan, the Massa(dmsetts, and tlie Ivisl- 
 crii Yacht (.'luhs, tiie I!e\n'rl\' ^'a(dit (duh, the 
 Country Cduh, and the Xutlall ( )rnitholiiL;iea 1 
 ('lull of (.'arnhrid^c. He is also a memhei' ol' 
 the liar Assoeial imi (if the city of lioston. He 
 is a I)emoci'at in politics, resides in Boston, 
 and is unmari'ieil. 
 
 Tt)IIX LEA\'IS BATES, ISoston, s],eak<'r of 
 O the Massachusetts House of Ke[)reseida- 
 tives ill ]S97, l.Sl»'S and LsiCI, is the son and 
 third child of Rcn', Lewis ISenton l!at(.'s, J), !»., 
 and Louisa I>, ]'d(dd. and a desciaidanl ol mie 
 of the oldest families in New iMicJand. His 
 genealo,L,dcal line is traccfl dii'cetly hack fn 
 Thrimas Bates, es(|., of Lydd. of the parish "f 
 All Hallows, Lncland, wdin die(l in Ids.l, In 
 tlie Hfth generation from this earh' Ennlish 
 
 yeoman, his dcscendaid, (dement Hates, came 
 from I'ji^land in the shij) l{dizalieth in Ki.'io 
 and \\'as one of the lii'sl white settlers in what 
 is niiw the town of IliiiL;ham, Mass., where he 
 was oi'ii^inally aliitle(l, im the ISlh of Septem- 
 hcr of that year, an estate on wdiich stood the 
 histoi'ic Anclair TaNaa-n, A ]>ait of this "rant 
 has naiiaiiie(l in the pessession of the family 
 down to tlu.' pi'es(ait day, Se\'ei'al descendants 
 
 JOHN 1„ I!.'vlES. 
 
 of (Jlement liates ]>arti(Mpated in KiiiL; Philip's 
 war, ill the Lrencli and Indian wars, and iji the 
 war of the American Ke\'olutioii. Aniong the 
 latter was Le\-i ]>alcs, wdai hccame a lieuten- 
 ant, and wdio aftci' the war was o\-er, removed 
 to Spi-innlield, \'t. 1 1 is son, Hew Lewis Bates, 
 was well known t hroiichout New Laicdand as 
 a Methodist niinistia-. He married l']lizahcth 
 ^\'(d)stcr. Uew Lewis ISenton Hates, L). I>., 
 son of Ke\'. Lewis and I*]li7.alieth (Wehster) 
 ]>ates, and a desciaidani in the eighth c'(.aiera- 
 tion ti'om (dement Bales of HiiiLiham, was 
 hoi'ii ill Xoi'th Iviston, Mass.. Xo\'('mhcr 1^(J, 
 ISliil, and since Auc'iist, 1.S4.S, has heen con- 
 tinuously and successfully laican'cd in the 
 ?\[etlio list ministr\- in Xew lui^land, princi- 
 [•ally in Massaidiusctts and ( 'oniiccti(ait, and 
 since X^l'l in and around Boston, Snice 1.S94 
 
i56 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 he has held the pastorate of the Bromliehl 
 Street MethoiUst Kpiseopal ehureh in tliat city. 
 Dr. Bates lias performed a larye share of evan- 
 gelistic work in the course of nearly half a 
 century, and has served as president of the 
 Methodist Ministers' Relief Association since 
 18S2, of the New Iilngland (Jonference Preach- 
 ers' Aid Society since 1891, and of the Boston 
 Methoilist Preachers' Meeting for two years 
 (l.S71-7o); was ciiaplain of the Third Piegi- 
 ment, M. \. M., for fi\'e years; is a director of 
 the Lay College and of the New England 
 Evangelistic Association ; an<l a leading mem- 
 ber of various clmrch and philanthropic bodies. 
 He was married June 12, 1850, to Miss Louisa 
 D. Field of Taunton, Mass., and has five chil- 
 dren, the third, John Lewis Bates, receiving 
 his middle name from tlie family descendants 
 of George Lewis, who arrived in America from 
 England in IG.jo. 
 
 John L. Bates was Ijorn in North Easton, 
 Mass., on the I8th of September, 1859. His 
 father being an itinerant Metliodist preacher, 
 his early education was ol.itained in the puljlic 
 schools of the various towns and cities to which 
 Dr. Bates was assigned. Later his preparatory 
 training was accjuired in the public schools of 
 Taunton and Chelsea, Mass., and at the I:)0s- 
 ton Latin School, where he was graduated 
 from the academic department of that institu- 
 tion in 1882 with the degree of A. B. After- 
 ward he taught school for one year in James- 
 to\\n, N. Y. Having decided to enter the 
 legal profession, he returned in 1883 and en- 
 tered the Boston University Law School, where 
 he went througli and coirdensed the usual 
 three years' course into two years, taking his 
 degree of LL.B. in 1885. During a consider- 
 able portion of tliis })eriod he was also a teach- 
 er in the Boston evening scliools. In Se})tem- 
 ber, 1885, he was admitted to the Suffolk bar, 
 and since then has been engaged in active and 
 successful practice in Ikiston, residing in East 
 Boston. 
 
 Always a staunch i;e})ul)lican, Mr. Bates 
 has wielded a potent influence in the councils 
 of his [larty since 1891, wlien his political 
 
 career began as a memfter of the Boston Com- 
 mon Council from East Boston, in which he 
 also served in 1892. In the autumn of 1893 
 he was one of the two Republican candidates 
 for representative to the lower house of the 
 Massachusetts Legislature from the First Suf- 
 folk district, comprising East Boston, and was 
 easily elected. Since that time he has Ijeen 
 annually re-elected, serving now (1899) his 
 sixth term, and Ijeing tlie only man to whom 
 has been accorded that honor in the history of 
 his district. Each year he lias been elected 
 by increased majorities. His career in the 
 House has been marked l^y the same hard, 
 conscientious work that he displayed in school 
 and college, and which has brought him dis- 
 tinction in the law. He has never been recog- 
 nized as one of those men who perform some 
 brilliant piece of work one day and rest for a 
 week ; he works every day, and it is this con- 
 stant lajjor which has made its impression on 
 his colleagues. During his first year in the 
 Legislature JNIr. Bates served on the committee 
 on insurance and on the special connriittee on 
 the revision of the corporation laws. The 
 second year he was chairman of the commit- 
 tee on insurance and also served on the new 
 committee on metropolitan affairs. The lat- 
 ter was an important committee during that 
 session of the Legislature, for Ijefore it came 
 the great metropolitan \vater 1)111, which was 
 passed, and which involves the expenditure of 
 $30,()()(»,00(». The Boston sul)way repeal meas- 
 ure was also brought Ijefore this committee, 
 and other matters of importance relating to 
 the park system and the metropolitan sewer- 
 age. The third year, in addition to liis work 
 on the metropolitan committee, Mr. Bates was 
 chairman of the committee on bills in the third 
 reading, which is one of the most inrportant 
 committees in the House. His i)osition on 
 this latter committee made him practically 
 the right-hand man of the speaker during the 
 entire session and he was frecjuently invited 
 to take the cliair. Mr. Bates's knowledge of the 
 rules and his methods of dispatching the busi- 
 ness of the House gained for him manv friends 
 
BIOGRA PHICA L.—MA SSA CHUSE TTS. 
 
 among tho uuMiil.e'rs. His fricuds Immght 
 liini for\A'avil as a caiidiilatc at (lie ojiciiiiig of 
 the session in 1S!)7, and h^ was unanimously 
 elected, without opposition, as speaker <if the 
 House. Speaking of the "New fA^gislatui-e" 
 the Boston Journal saiil : 
 
 "In the House there are two important 
 changes. Representati\-e Jolni lj. Bates, of East 
 Boston, is the new speakei'. He comes t(.) the 
 cluiir under cduditions which testify in a vi\'i(l 
 Avay to his strength and populai'it\', for lie is 
 unanimously elet'ted to a })ost for wdiich there 
 is usually a determineil struggle \\-hene\'er it 
 falls vacant. Earlier in the year Mr. ]>ates 
 had competitors, hut one Ijy one they lia\e all 
 voluntarily withdraw n. The new speaker has 
 had much experience and success as a legisla- 
 tor, and he pi_issesses remarkahly winning (jual- 
 ities as a man. He enters ujioii a careta- which 
 is full of pnimise of large distinction." 
 
 Mr. Bates gained fresh honors for himself hy 
 his e.vpeditious manner of transacting tlie lousi- 
 ness of the Hfiuse, and Ijy his faii'iiess and im- 
 jiartiality in all i|uestiiins and was unainmous- 
 ly re-elected speaker in ISDS and again in l.s;t9. 
 < hi Octoher (i, 1 .S!)9, was nominated for lieuten- 
 ant-governor. He is a goctd parliamentarian, a 
 ready ilehater, and a man of ahility, of unswerv- 
 ing integrity, and of }>leasing addi-ess. As a law- 
 yer he has achieved prominence at the hai'. In 
 civil as well as in puldie life he has held se\'eral 
 positions of trust and lion(jr. He was president 
 of the East Ijoston Citizens' Trade Associa- 
 tion in 1X!»;5 and l.s;)4 and of the I'nited 
 Onler of the Pilgrim Fathers in lSil'2, IXD.'i 
 and l!S94. He is a director of the Columhia 
 'J'rust Company of lioston and of the Boston 
 Young Glen's (.'hristian AsS(icialio]i ; a ti'ustee 
 of ])Oston University, of the W'ildey Sa\-ings 
 Bank, of the East Boston Bethel, and of the 
 Ih'omfield Methodist l']piscopal chui'ch of JJos- 
 ton, an<l a njemliei' of Baalhec Ivodge, F. t^' A. 
 M. (;3::!d degree), of Zenith Lodge, 1. <). O. F., 
 and of tli(/ ISoston Bar Association. 
 
 Ml'. Bates was marrieil .July hi, ISHT, to Clara 
 Elizaheth .Smith, daughter of Samu(d ( '. Smith, 
 of Jamestown, N. Y. 'Fhey have had three 
 
 children: Bewis Benton, lid, born .fuly !), 1,SX9, 
 died Decemher .'!1, l.S!)l; John Ilarolil, l.iorn 
 May 10, l.s;»;;; and Doi'othy, horn Octoher 21, 
 1X90. 
 
 FRANCIS DANA, LL.D., Boston, chief 
 justice of the Suiiremc Judicial ('ourt of 
 Massachusetts at the heginning of the nine- 
 teenth century, was the son of Richard Dana, 
 a, grandson of Haniel Dana, and a, great-grand- 
 son of Rielia.rd I )ana, who settleil in ( 'am]»i-idge, 
 Mass., in 1(140. His father was horn in ( !am- 
 hridgc on June 20, 1700, was graduated from 
 Har\'ard in 171S and died there May 17, 1772, 
 after heing for many years a leader of th(' har, 
 practicing in Marhleliead, ( Jiai'lestowii, and 
 Boston. ( )n Decembei' 17, 17']9, he aihuinis- 
 tered (o Andrew ()|i\'ei', seci'ctary of the jirov- 
 inee, an nath Ijinding hiiu not to execute the 
 stamp act. 
 
 Judgi' Francis r)ana \\'as horn in t'harles- 
 town, Mass., -lune I-", 174.'!, an<l was gradu- 
 ated IVom Har\'ard College in 17()2, having 
 among his classmates Hon. l']lliridge Gerry, 
 Hon. (leoi'ge Partridge, Andi'ew Eliot, William 
 Shaw, and others. He read law with his 
 mother's hrother, Judge Ivlmund Trow hridge, 
 then regarded as tlu' ahlest lawyer in the })rov- 
 ince, and was admitted to the har in 17()7. 
 He practiced in Boston, and soon acquired an 
 eminent reputation. Dex'oting himsidf, also, 
 at an early pi-riod, to the cause of colonial 
 rights and jiojiular freedom, he hecame an act- 
 ive memher of the Sons of Liberty ami a prom- 
 inent ^\dMg, and in 17(J9 attained distinction 
 as counsel in the famous Lcchmere slave case. 
 In 177-'ihc was associated with John Adams in 
 the [)i'ose(ait ion on iKdialf of tin' Rhode Island 
 patriots in the matter of the Rome and MoH'att 
 letters, and in Si'pteniber, 1774, he was a dele- 
 gate ti-om ('ambi'idge to the Hrst Pro\'incial 
 ('ongress of Massachusetts. In A]ii-il, 1775, 
 he sailed tni' Faigland, whei'c bis bi'olbei- l']d- 
 mund was settled as a minister at W'roxeler, 
 and tbi'ougb liiiu, wbn was allieil by mai'riage 
 to tbe Kinnaird and Piilteiiey l'amili(;s, and bj' 
 conlideiitial letters on theci'itical state of colo- 
 
258 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 nial feeling from .losepli Warren, Dr. Samuel 
 Cooper, Josiah Quinev, and others, he came in 
 contact with Englishmen of political influence. 
 Keturning home lie informed Washington in 
 April, 1776, that there was no reason to ex- 
 l)ect peace f]-om ({I'eat Britain. 
 
 In May, 177'j, he was chosen hv the Massa- 
 chusetts Assemljly a memher of the Executive 
 Council, which united executive with legisla- 
 tive functions, and by annual re-electiojis held 
 that office until 1780. In Xovemljer, 1776, 
 he was elected a delegate from Massachusetts 
 to the C'ontintuital Congress and took an active 
 part in fi'aming the articles of confederation. 
 lie was again sent to Congress in 177S, and 
 being made chairman of the committee charged 
 with reorganizing tlie army, I'emained in the 
 camp at ^^alley Forge with -losepli Reed, 
 Gouverneur ^Morris, and his other associates 
 from .lamiary to Ai)riL In consultation with 
 General Washington he drew up the plan of an- 
 nual drafts tliat was submitted to and adojited 
 by Congress. He sei-\'ed witli G()u\'erneur 
 Morris and William JI. Drayton on the com- 
 mittee to which Lord North's ronciliatory bills 
 were referred in 177X, and on whose re})ort 
 these overtures were inianirnously rejected and 
 the inten(led effect of the ISritisli jieace com- 
 mission frustrated. (.)n Septeml)ei' 29, 1779, 
 Mr. Dana was appointed secretary of the ein- 
 Ijassy of .fohn Adams, connnissioncr t<i nego- 
 tiate treaties of [jeace and commerce with 
 Great Britain. He saileil i>n Xo\-eml)er l-'] in 
 tlie French frigate St'nsi])le, landed at Feri'ol, 
 Spain, and reached Paris Febmary 9, 17.S(). 
 When Mr. Adams, in conse<jU(.'nce of a ili[ilo- 
 matic quai-rcd with \'ergennes, left I'aiis foi- 
 ^Vmsterdam on .Inly '11, ^\v. Dana I'cmained in 
 the Frc'iich capital uidil the commission of 
 Congress (to Mr. Adams, and e\-entually to 
 himself to r.'iise loans in iMiropi/) j-cacbcil him 
 on Septemtiei' 12, when he joined Mi-. Adams 
 at ^Vmsterdaiu. IlercturiKMl to I'ai'is in De- 
 cember, and on Marili lo. 17^1, recei\ed fr(]m 
 (Congress his commission as ministei' to th(_' 
 coui't at St. l'etei's])Ul'g, to which post he bad 
 l)een a}i[iointed December Is, 17.S(). He I'e- 
 
 mained with Adams in Holland from April to 
 July 7, 1781, when he left for St. Petersburg, 
 where he continued for two years, without, 
 however, securing Russian recognition of the 
 independence of the United States. 
 
 He left St. Petersburg Septemljer 4, 178:3, 
 anil arri\'ed in Boston in December, and in 
 February, 1784, was elected by the Assembly 
 a delegate to the Cnited States Constitutional 
 Convention. Taking his seat in that body on 
 May 24, he was appointed to represent Massa- 
 chusetts on the Committee of the States, which 
 was vested with some of the powers of Con- 
 gress <luring the recess, an<l continued in ses- 
 sion until August 11. Cn the I8th of -lanu- 
 ary, 1785, Governor Hancock ajjpointed him 
 an associate justice of tlie Suijreme Judicial 
 Court of Massachusetts, and he remained on 
 the bench until 1806, becoming chief justice 
 of that tribunal November 29, 1791, in place 
 of Chief Justice Nathaniel Peaslee Sargent, 
 who died that year. 
 
 h\ the mean time -ludge Dana was called to 
 otlier positions of trust and honor. (_)n August 
 29, 17.S6, he was elected a delegate to the An- 
 napolis convention which fixed the time and 
 place for the Federal con\'ention f)f 17.S7 that 
 adopted tlie Constitution of the United States. 
 He was also elected to the latter Ijody April 9, 
 17.S7, l)Ut ^\■as prevented f]-om attending on ac- 
 count of bis judicial duties and ill health, 
 which dated from his residence in St. Peters- 
 liurg. He was a miaiiljer of the Massachusetts 
 convention that met in .lanuaiT, 1788, to i-ati- 
 fy the Fedei'al Constitution, and \\\{\i John 
 Hancock, Tlieo[)liilus Parsons, and others, la- 
 bored to overcome the o[>position and secure 
 the ratification of tlie Constitution, and aidi/d 
 in obtaining a majority for its ado]ition on 
 Februaiw (i, 178.S. After his elevation to the 
 chief justiceship, wliich he held foi' fifteen 
 years, be took no acti\-e part in political af- 
 faii-s except as })residential ele<;tor in 1792 and 
 ISOO. On June 5, 1797, President Adams ap- 
 )iointed him s[)ecial en\'oy to i'^rance \\ith 
 (.'oteswortli i'inekney and .fohn Marshal], but 
 ill health compelled him to decline the honor, 
 
BIOGRAPHICAL.— MASSA CH USE TTS. 
 
 259 
 
 and it went to his classmate, Ellaridf^e Gerry. 
 He resigned tlie office of chief justice in 1806 
 and was succeeded by his friend, Theophilus 
 Parsons. He spent tlie remainder of liis life 
 in retirement, dying in Cambridge, Mass., 
 where he had long resided, April 25, 1811. 
 
 Judge Dana was a typical repjresentative of 
 the Federal gentry of New England who looked 
 upon themselves as guardians of the people 
 and sought to }>reserve the distinction of Ijirth 
 and station. He possessed a higli sense of 
 honor, an ardent and passionate temperament, 
 and a large fortune consisting chiefly of lands. 
 He was active and energetic, an acute and 
 learned jurist, an austere and dignified magis- 
 trate, and remarkable for his ner\'ous and im- 
 pressive eloquence. After vigorously oppos- 
 ing .Jefferson's eml.)argo in pufjlic speeches at 
 Camljridge he seldom took })art in [luljlic dis- 
 cussions. He was one of the founders of the 
 American Academy of Arts and iSciences, and 
 in 1792 received from Harvard College the 
 honorary degree of LL.D. He was the father 
 of Richard Henry Dana, tlie lawyer and emi- 
 nent poet; the grandfatlier of Richard Henr}^ 
 Dana, jr., author and lawyei': and the great- 
 grandfather of Richard Heury Dana, .3d, of the 
 Boston Ijar, all of whom are noticed in other 
 articles of this work. 
 
 RICHARD HENRY DANA, .Jr., Boston, 
 Ijorn in Camljridge, j\Jass., August 1, 
 1815, was descended from Richard Dana, who 
 came to New England as early as 1G40. The 
 grandson of this ancestor was a prominent 
 lawyer and an active patriot, though he died 
 before the cojrnnencement of tlie Revolution- 
 ary war. In 17-37 he marjJed a sister of YaX- 
 rnund Trowljridge, the eminent colonial judge, 
 and they were the parents of Francis Dana, 
 born in 1743, who was a delegate from Massa- 
 chusetts to the Continental Congresses of 1777, 
 1779, and 1784, and by it was appointed the 
 first American minister to the court of Itussia, 
 in 1780. He was appointed an associate jus- 
 
 tice of the Supreme Court of Massachusetts in 
 1785, and its chief justice in 1791, and served 
 in that ca})acity with distinction and honor 
 until 1806, when he was succeeded by The- 
 opliilus I^arsons, sr. lie married, in 1773, 
 I^]lizabetll, daughter of William Ellery, of New- 
 port, R. I., one of the signers of the Declara- 
 tion of Independence. Of their seven chil- 
 
 KICHARD H. DANA. 
 
 dren, a daugliter, Martha Remington Dana, 
 born 1784, married in 1830 Washington Alls- 
 ton. The next Ricliard ITenry Dana, jjorn in 
 1 787, Ijccame a noted poet and essayist, and 
 died in his ninety-second year. He married 
 Ruth Charlotte, daughter of .John Wilson 
 Smith, of Taunton, Mass. She died in 1822, 
 leaving four children, the eldest being Richard 
 Henry Dana, jr., tlie subject of this memoir, 
 then less than seven years of age. 
 
 Mr. Dana began his education in 1823, first 
 in Cambri<lgeport; Ids master lieing Samuel 
 Barrett. In May, 1824, his health being deli- 
 cate, he was transferred to Mr. Wright's board- 
 ing school at Westford, Mass., where he re- 
 mained sixteen months. In August, 1825, he 
 was again sent to the grammar school in Cam- 
 bridge]i)ort, but soon left to enter tlie private 
 school of Ralph Waldo Emerson in Cambridge, 
 
26U 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 and after four years that of Mr. Wells, lie en- 
 tered Harvard University in July, 18;31, and 
 soon took lii.nh rank in his class, hut withdrew 
 in hisjunior year to take a voyage );efo re the mast 
 to California. Sailing from Boston on the brig 
 Pilgrim August 14, 1<S;34, he returned on the 
 ship Alert, arriving September 22, 183(3, and 
 soon afterward re-entered Harvard University, 
 from which he was graduated with honors in 
 June, 18.'j7, taking a Bowdoin prize for English 
 prose composition and the first Boylstou prize 
 for elocution. He was a mem])er of the Por- 
 cellian and Hasty Pudding Clubs. He also, 
 soon after his return, joined the Protestant 
 Episcopal church and remained one of its 
 steadfast connnunicants until his death, 1)0- 
 coming an oilginal mem])er of the Church of 
 the Advent. Immediately after graduating 
 from Harvard Mr. Dana entered the Harvard 
 
 RICHARD n. DANA, JR. 
 
 (Dane) Law School, then under the direction 
 of Judge Story and Professor Cireenleaf, two of 
 the most illustrious men iji legal jurispru- 
 dence. While pursuing his law studies he 
 was also insti'uctor in elocution in the college 
 from January, l.S;)9, until he resigned and left 
 the law school in February, 1840, when he 
 
 entered the law office of Charles G. Loring, of 
 Boston. A) tout this time he published, through 
 Harper cfe Brothers, his book, "Two Years Be- 
 fore the Mast," for which he received |250 
 and two dozen printed copies. In 1868 he 
 l^rought out an "Author's Edition" with an 
 additional cha})ter, "Twenty-four Years Later," 
 and this edition has never been allowed to 
 pass out of print. This liook gained for him a 
 Eui'opean reputation which exceeded his rejju- 
 tation at home, and was the means of securing; 
 for him a very pleasant and satisfactory social 
 reception during the London season of 1856. 
 In 1841 be pul)lislied another work entitled 
 "Seaman's Friend," a practical treatise on 
 seamanship and the laws regulating the shi})'s 
 company. 
 
 Shortly after his admission to the Suffolk 
 bar in July, 1840, he began active practice in 
 Boston, and on August 25, 1841, was married 
 at Hartford, Conn., to Sarah, daughter of Will- 
 iam Watson. During the earlier part of his 
 professional career be also lectured iji Boston 
 and vicinity \\\i\i great success. He took an 
 active part in politics, first as a Free Soil 
 Whig and afterward as a Republican, begin- 
 ning his iiolitical life as chairman of a Free 
 Soil meeting in Tremont Temple, Boston, July 
 7, 1848. He was active in tlie anti-slavery 
 cause, and at one time seriously retarded his 
 professional ad\-anceinent t>y the frequency of 
 his aid and counsel in defense of the sailor and 
 the sla\'e, the ]>oor and the o[)pressed, who 
 constantly obtained his servit'cs. As a result 
 wealthier clients sought other advice, notwith- 
 standing his pronounced personality and rec- 
 ognized legal alnlity. His connection with 
 the fugitive slave cases of L85;)-54 brought 
 him into special prominence and gained for 
 him that high forensic reputation which he 
 maintained with so nmch skill until his death. 
 He was a great trier of cases, an advocate of 
 unconnnon power, and delighted to practice be- 
 fore juries. For a time he was in partnership 
 with his brother, Edmund Dana; later Francis 
 Edward Parker Ijecame his [)artner under the 
 firm name of Dana & Parker, and for many 
 
BIO GRA PHICA L—MA SSA CHUSETTS. 
 
 261 
 
 years they occu])ied a foremost jilace at tlie 
 Boston bar. 
 
 In 1,S4.S Mr. Dana was a delegate to tlie Na- 
 tional W'liin' (.'onvention at IJuHalo, and tliere- 
 after liis politieal as well as his professional 
 life \vas a Imsy one. In Ls.l^ he took uj) his 
 residence in ('and)ridge. He repi'esented Man- 
 chester in the ^Massachusetts ('onstitutional 
 Convention of 185o, and as a niendiei' of the 
 connnittee on I)ill of Rii.:;hts he hrou^ht for- 
 A\ard, drafte<l, and carried through the provi- 
 sion giving to every person ha\'ing a claim 
 against the (^tate a judicial remedy therefor. 
 He also introduced a pro\'ision making the 
 liuheas corptin a writ of right in all cases where 
 the Legislature does not esjiecially \'est a dis- 
 cretion in tlie court. Tlie prox'ision in Chap. 
 9, Art. •'], reijuiring a list of voters in all elec- 
 tions and another for future conventions were 
 solelv his. He prepared fully one-half of tlie 
 chapters of the constitution and assiste(l large- 
 Iv in others. In IS.jG lie \-isite<l f]urope, and 
 in llS.39 he made a voyage to Culia, \\hicli re- 
 sulted in the puhlication of his liook, "To 
 Cul)a and Back," in that year. On .Inly 20, 
 18^9, he started on a trip around the wmld, 
 via San Francisco, and returned in Septemlic]-, 
 1860, greatl}- henefited in health. April 
 12, lS(jl, President Lincoln a}ijiointed him 
 United States attorney for the district of 
 Mas.sachusetts, which position he held all 
 through the war and until the work of recon- 
 structing the conquered South was well ad- 
 vanced, resigning in Septemher, l.S(i(;. In the 
 celehrated "Prize Cases" of 1S();5 lie made not 
 onlv the great forensic legal etfort of his life, 
 but one of the most powerful and ellective 
 arguments ever recorded. In 1S(J."J he was 
 offered a position as judge of the Uinted States 
 District Court of ^la.s.sachusetts, hut he decdined 
 the honor, an act which demonstrates his de- 
 cided preference for the i)ractice of the law. 
 The next year (1806) he published, with much 
 original matter, the eighth edition of W'lica- 
 ton's "Elements of International Law ," out of 
 which grew the famous Lawrence- Wda/aton 
 C_'ontro\'ersv, decided in Mr. Dana's fa\(ii' by 
 
 the master's report (1880). He was a member 
 of the Massachusetts Legislature in ISIH and 
 186S, and as iLaii'man of tlie committee on 
 harboi's during the former sessirm was largely 
 instrumental in causing the rejical of the old 
 usury laws, making a speech which has often 
 lieeii printed, and which is still a powei'ful 
 document \\liei'e\ei' the rept'al of usui'y laws 
 is under discussion. With William M. Evarts 
 he was alsn rctaineil liy the law department of 
 tlie National gox'ernmcnt, in ls(i7, in the ar- 
 raignment of .lell'erson ])avis on the charge of 
 high treason. In 1S(),S he was chairman of 
 the legislative judiciary committee, ami in the 
 same year was numinated by the Kejaiblicans 
 as member of congress, but was defeated. In 
 1870 and 1.S74 he made other visits to iMU'Ope. 
 In i\ray, LS7(;, he was nominateil liy President 
 Crant as I'nited States minister to the coui't of 
 St. James, at London, to succeed (ien. Poljert 
 C. Schenck, but tin- Senate failed to ratify the 
 nomination. He was selected liy the State De- 
 partment in 1S77 as one of the counsel of the 
 United States government in the arbitration 
 matters which grew out of the great (iene\'a 
 award of Ls72, and related to tisheries. 
 
 ^Ir. l)ana was pre-eminently a lawyer an<l 
 ad\'Ocate, and won distinction at the bar by his 
 untii'ing imlusti'y and j)rofound knowdedge of 
 the law. His gi-eat force of character, his un- 
 common legal ability, his power for argument, 
 his fine intellectual attainments, and his broad 
 learning were recognized and admircMl. He 
 was an original memljer of the Saturday Club 
 of Boston and for many years one of the over- 
 seei'S of Harvard College. Llis interest in edu- 
 cational, rtdigious, ci\dl, and all jiublic affairs 
 ne\'er Haggeil. In LS7S he gave up the prac- 
 tice of his profession, went to lairope, ami, 
 after tra\'rling t'xtensivcly, died in Rome, 
 Italy, .Januaiy (i, 1 SS2. His son, Richard 
 Henrv Dana, .'Id., is now a ]iron)int'nt member 
 of the l)Ost<in bai: 
 
262 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 RICHARD HENRY DANA, 3d, Boston, 
 ^ is tlie eldest son of \\w late Richard 
 Heiu'v Dana, jr., whose niemoir appears in 
 this work, and of Sarah Watson, his wife, and 
 was born in C'amljridj^e, Mass., on the od of 
 January, llSol. He was e(hicated in tlie \n\- 
 vate and public schools of his native city, at 
 St. Paul's School in Concord, N. H., and at 
 Plarvard University, grailuating from the 
 latter institution in the class of 1)S74. He 
 
 KICHAKD H. IJ.KSk, uD. 
 
 Avas stroke of his Freshinan crew and for 
 three years stroke of the l'ni\-ersity crew, and 
 was class orator. He entered the Harvard 
 Law Scfiool in 1S74 and was .^railuated ^\■ith 
 the degree of LL.l). in 1877, and continued his 
 legal studies in Boston in the otfice of Brooks, 
 Ball ct Stoi-ey, being admitted to the Suffolk 
 bar in No\X'mber (if the same year. In 1878 
 he began the active })i'actice of his profession 
 with his father, who was then a recognized 
 leailer of the ISoston bar. In 18711 he formed 
 a copartnt'rship with II. L. Harding, wdncli 
 contijuied for some time. < )f late years he has 
 jiracticed alone, principally at chandlers, and 
 has also had the ]nanagerjient of vai'ious large 
 and important trusts. 
 
 Mr. Dana weid abroad in 188'.! to recover 
 
 from the effects of a serious attack of typhoid 
 fever, and since returning to Boston has de- 
 voted much of his spare time from professional 
 duties to the cause of civil service reform, in 
 which he has gained a, wide reputation. He 
 was secretary of the jMassachusetts Civil Ser- 
 vice Reform League, which presented to the 
 Legislature a Iiill for the reform of the civil 
 service of cities and towns of the Common- 
 wealth. This liill was drawn mainly by Mr. 
 Dana and the novel plan of including laborers 
 within the reform was original with liim. He 
 was editor in cliief of the Civil Service Rec- 
 ord from .lamiary, 1889, to .lune, 1892, when 
 it was consolidated, with the Civil Service Re- 
 formc]' of Raltimore, into the ^\■ell known jieri- 
 odical. Good (iovernment. In the winter of 
 l,s,s7-88 Mr. Dana drafted a lull for the intro- 
 duction of the Australian ballot law, which 
 Avas sulistantially adojited by the Legislature 
 in 1888 as Chaptei' 4o(). He made several im- 
 }iortant addresses on the working of this law 
 in ^lassachusetts, notably one before the joint 
 session of the New Hampslnre Legislature, and 
 for four successive years opposed various at- 
 tempts to weaken it. At a, conference of civil 
 service reformers in I3altimore on Cctolicr 5, 
 1889, he read a paper on the subject of taking- 
 postmasters out of politics, the principles of 
 wddcb were enrljodied 'w\ the Lodge bill in 
 Congress. For three years he was actively 
 interested in the introduction into Massachu- 
 setts of the Norwegian system of regulating 
 the sale of lifjuor, and served on several com- 
 mittees of friends of the movement. lie also 
 drafte<I a bill to regulate and compel the ac- 
 counting of election expenses and worked for 
 its passage in 1891 ami 1892. In 189:] he ap- 
 peared before the Massachusetts Legislature in 
 ad\'Ocacy of tlie appointment instead of the 
 election of clerks of the courts, registrars of 
 probate and deeds, and some other non-polit- 
 ical officials, and in 1892, 1893, and 1894 he 
 was before the same l)ody in opposition to vari- 
 ous forms of doulile taxation, and published a 
 monograph on that subject entitled "Doufile 
 Taxation in Massachusetts." (IK) pp.). 
 
BIOGRA PHfCAL.—MA SSA CHUSETTS. 
 
 263 
 
 \l\\ Dana lias heeii coniioeted witli se\'eral 
 philautliropie societies, and as chairman of the 
 committee on organization was active and 
 hirgely intluential in foiTiiulating the scheme 
 of work of the Associated Cliarities of Boston 
 in 1878 and 1879. He has long been deeply 
 interested in ameliorating tlie condition of the 
 laboring classes, especially in }iroviding them 
 with improved dwellings, and was vice-jiresi- 
 dent of tiie Improved Dwellings Association, 
 which l:)nilt in 188S-89 a fine tenement house 
 in South 15oston. To tlie organization of this 
 worthy enterprise and to the plans for build- 
 ing Mr. Dana gave nnich time and thougld. 
 He has made several speeches and pul)Hshed a 
 nuniher of articles on many of the foregoing 
 subjects, ])articularly on those relating to civil 
 service reform and the l)allf)t laws. He con- 
 triliuted a pa})er on the 'A\'orkings of tlie 
 Australian Ballot Act in Massadiusetts" to 
 the Annals of the American Academy for ^hiy, 
 1892, and another on "An American \'iew of 
 the Jiish (Question" to the Forum for August, 
 1892, and on Fel_)ruary '20, 1X94, delivered a 
 noteworthy address onci\'il ser\'ice refdrms be- 
 fore the New IIar\-ard (_'i\il Sei'vice Reform 
 Association in the ^feinorial llall tlieatre. 
 He was secretary of the Indejiendeiit Ite- 
 puljlican Convention which met in New Yoi-k 
 city February 2;!, 1 8S4, and in l.s90 was 
 elected presi(]ent (if the Boston Young ^Meii's 
 Christian Association, which jiosition he 
 filled with great creilit and ability. In 
 December, 1890, he was ilefeated foi' mayor 
 of Cambridge, where he resides, and in 1S91 
 he was elected president of tin-' bnard of trus- 
 tees of thr New England (Ajnsei-\-ator\' of Mu- 
 sic, tbr which he raised SjtKJh.ODO in 1S92, and 
 to whose interests he has given much time 
 and attention. He was also pri'sideni nf the 
 Library Ihill Association nf ( 'auibridge and a 
 trustee and the treasurer of tli<.' E|iiscopal I'hc- 
 ological School. Mr. Dana is an alile aii<l tal- 
 ented lawyer, and has achie\'ed eminence in 
 the twof(_ild capacity of counseloi' and philan- 
 thropist. His broad and thiii'ougli knowdedge 
 of the law, his abilit\- tn grasji intuitively the 
 
 most salient points in the case, his good judg- 
 ment and sound common sense, and his fine 
 legal attainments and business qualifications 
 are universally recognized and admired. He 
 is one (if the best known and most }>ractical 
 ci\'il service I'cfoi'mers in the country, and his 
 \A'ork in this connection has gained for him a 
 national rejiutation. As a, citizen he is in- 
 tensely public sjiirited, patriotic, and progress- 
 i\'e, taking a lively and active interest in all 
 ("questions which affect the general welfare, and 
 especially in those relating to manhood suf- 
 frage, humanitariarusm, and the })urification 
 of politics. 
 
 •lanuary 10, 1.S7S, Mr. Dana was married in 
 <Annbridge, Mass., to Edith, daughter of the 
 late Henry W. Longfellow, the beloved poet, 
 and of Frances Ajipleton, his wife. They have 
 si-\ childi'en : Richard Heni-y, 4th, Henry W. 
 L., I'^-ances A., Allston, Ednrund Trowljridge, 
 and Delia Farlev. 
 
 PFLE(; SPKACL'F, LL.D., Boston, for 
 twenty-three years judge of the United 
 States District Court for the District of ^Lissa- 
 chusetts, was the son of Hon. Seth and Debo- 
 rah (Sampson) Sprague and a descendant of 
 ^\'illiam Sprague, who came IVom England to 
 Salem, Mass., in 1()29, and whose son Samuel, 
 of .Marshhdd, was the last secretary of the old 
 colony. It is said that his father and mother 
 lived together under one roof for sixty-four 
 yeai's; they had lifteen children, Peleg being 
 the ninth. Seth Spi'ague was a Whig and 
 later a .lelfersonian Democrat, a justice of the 
 p(;ace and (|Uoruiii foi' fort^■ yt-ars, a soldier in 
 the KcN'olutiou, a nieiuber of the (h'eat and 
 (leiiei-al ('ourt of Massachusetts for twenty- 
 seven years, and twice a jiresideidial (lector. 
 In his old age he entered zealously into the 
 anii-slavei-y caust'. 
 
 .ludge l'(deg Sprague was liorii in Luxliury, 
 Mass., .\[>ril 2.S, l7!l-">, and r(.'ceive(l bis pre- 
 liminar\- education in the fiee schools ot his 
 liati\e town. lie litted for college und(.'r Uew 
 
264 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 John iVUyii and at the Sandwich Academy, 
 and in 1808 entered Harvard ITniverwity, from 
 which he was gratUiated in 1812. He was a 
 member of almost all of the re.s}>ectable college 
 clubs and associations and stood high in his 
 studies, notwithstanding the fact that in his 
 sophomore year he contracted an affection of 
 the eyes which seriously interfered with Ins 
 work, and wdiich caused him luore or less 
 
 PELEG SI'RAGUE, 
 
 trouble during the remainder of his life. 
 Among his classmates were Franklin Dexter, 
 ■James Henry Duncan, Charles Greely Loring, 
 William T. Andrews, all distinguished law- 
 jiers ; Rey. Jonathan M. Wainwright and Rey. 
 Henry ^\'are, clergymen; and George Bartlett 
 Doane, John Homans, (leorge W. Heard, and 
 iVI.iel L. Peirson, eminent physicians. Of the 
 forty-three mendjcrs of his class none achieyed 
 greater distinction than Mr. Sprague. He re- 
 ceived the degree of A. M. from his alma 
 mater in 1S15, and also tlie liighest honors in 
 oratoi'y. 
 
 After graduation he took up the study of 
 law, first with Judge Joshua Thomas at Plym- 
 outh, then at the law school in Litchfield, 
 (Jonn., and sulisequently umler -ludgcs Reevi' 
 and ( lould and Gov. Levi Lincoln in Woi'ces- 
 
 ter and Samuel Hubbard in Boston. He was 
 admitted to the Plymouth county bar in Au- 
 gust, 1815, an<l the same year estaldished him- 
 self in practice in Augusta, Me., then a part of 
 Massachusetts. In March, 1 817, he removed to 
 Hallo\A'ell, and after the State of Maine was 
 organized in 1820 he was sent as a representa- 
 tive from that town to the first Legislature. 
 He was returned in 1821, and declined a third 
 election and also the candidacy for State sena- 
 tor. He ^yas next appointed to the State 
 ottices of district-attorney and .judge advocate, 
 but soon resigned both of them. In the fall 
 of 1824 he was elected to Congress from the 
 Kennebec district, and was re-elected in 1826 
 and 1828, hut did not take his seat on the last 
 election, the State Legislature liaving chosen 
 him L'nited States senator in the winter of 
 1828-29. In the House he was a memlxu' of 
 the committee on ways and means, and as 
 such introduced the tonnage bill, which jje- 
 came a law in 1829. His speeches upon the 
 Massacluisetts militia claims, the Revolution- 
 ary officers bill, the Panama mission, and nu- 
 merous other important matters brought him 
 into national prominence. He took his seat 
 in the Pnited States Senate March 4, 1829, 
 and in that Ijody acliieved s}}ecial distinction 
 by following Webster's celebrated reply to 
 Hayne with a memoral^le speech upon Foote's 
 resolutions limiting the sale of public lands. 
 
 In January, 183-J, Mr. Sprague resigned the 
 United States senatorship and removed from 
 Maine to Boston, wJiere he continued in the 
 acti\'e practice of his profession until the w'ln- 
 ter of 1840-41, when ill health compelled him 
 to seek rest and recreation in Florida. Soon 
 after his return in 1841 he was offered the 
 chaii' of ethics and moral philosophy in Har- 
 vard College and a professorship in the Har- 
 vard Law School, and was also urged to stand 
 as a candidate for Congress from Boston, but 
 he declined these honors. In that year, how- 
 e\'er, President Harrison ap})ointed him judge 
 of the United States District Court for the Dis- 
 trict of Massachusetts to succeed Judge John 
 Davis, resigned, and he remained on tliat 
 
BIOGRA PHICAL.—MA SSA CHUSE TTS. 
 
 265 
 
 bench for nearly twenty-three years, resigning 
 on account of impaired health in March, 1865. 
 His duties in that capacity were rendered spe- 
 cially arduous by the novel cases, in the latter 
 part of his service, arising from the war of the 
 Rebellion, yet he performed them all with dis- 
 tinguished abilitv and courage, though at the 
 time sutt'ering from his old affection of tlie 
 eyes. During the last twenty years of Ins ju- 
 dicial term he did not read a line. A^olume 
 one of his Decisions in Admiralty and Mari- 
 time Cases was publislied in 1861 and a second 
 volume appeared in 1868, but the greater part 
 of the cases that came before liim were never 
 reported. 
 
 Judge Sprague was an eminent statesman, 
 an eloquent ;uid successful advocate, a leariied 
 lawyer, and an impartial jurist. He was a 
 man of rare intellectual ability, of broad cul- 
 ture, and of great force of cliaracter. He al- 
 ways took an active interest in pul>lic matters 
 until he was obliged to remain in a darkened 
 room on account of liis eyesight, and during a 
 loner and eminent career exercised a strong in- 
 fluence in State and National affairs. In 1840 
 he was a delegate to the Harrisburg Conven- 
 tion which nominated William Henry Harri- 
 son for president and .John Tyler for vice-presi- 
 dent, and in 1841, as elector at large for IMass- 
 achusetts, cast his vote for them. He deliv- 
 ered numerous addresses and public speeches, 
 notably one before the Phi Beta Kappa Society 
 of BoAvdoin College in September, 1829, and a 
 volume of them were publislied in 1858. In 
 1847 he received the honorary degree of JjL.D. 
 from Harvard College. He died in Boston on 
 tlie 30th of October, 1880. 
 
 Judge Sprague was married in August, 1818, 
 to Sarah, daughter of Moses and Sarah Dem- 
 intr, of AVhitesboro, N. Y. She was born Feb- 
 ruary 17, 1794, and being left an orphan at 
 an early age was reared in the fanaly of Gen. 
 Joseph Kirkland. an eminent lawyer of Utica. 
 They had three sons and a daughter. One 
 son, Seth Edward Sprague, born April 12, 
 1821, was graduated from Harvard College in 
 1841 and from the Harvai'd Law School in 
 
 1844, and while a student became clerk of the 
 United States District Court, a position he held 
 until sliortly Ijefore his death, whicli occurred 
 June 26, 1869. 
 
 GEORCE FREDERICK FARLEY, Gro- 
 ton and Boston, foi' many years the rec- 
 ognized leader of tlie Middlesex bar, was the 
 grandson of Lieutenant Samuel Farley, one of 
 the early settlers of Hollis, N. PL, who was 
 married in Cctobei-, 1744, to Hannah Bro\\n. 
 Benjamin Farley, youngest son of Lieutenant 
 Samuel Farley and Hannah (Brown) Farley) 
 was married June 18, 1780, to Lucy Fletcher. 
 George F. P\irley, the seventh in the family of 
 nine children of Benjamin and Lucy (Fletcher, 
 
 GEORGE F. E.'VKLEY. 
 Taken at the age <»f forty-eight. 
 
 Farley, was liorn April 5, 1793, while his 
 mother was visiting her father's home in Dun- 
 stable, Mass. Lie fitted for college at A\'estford 
 Academy and was graduated from Harvard in 
 1816, a, ineml)er of the I'hi IJeta Kappa, in the 
 class with Samuel Dana Bell, -lohn J. Dev- 
 ereux, Kev. Henry J. Ripley, Jose})b \\'illard, 
 Oliver \\'. L. Pealjody, John W. Proctor, and 
 others. On leaving college Mr. Farley en- 
 
266 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 tered the law office of his lirother, Hon. Beii- 
 jamm Mark Farley, then of Mollis, N. H., and 
 afterward of Groton and Boston, Mass. He 
 also read law in Groton with Hon. Luther 
 Lawrence, and upon his admission to the bar 
 in Middlesex county in June, 1820, established 
 himself in practice at New Ipswich, N. H., 
 where he remained until l<So2. He tlien re- 
 moved to Groton, jNLrss., where he lived 
 until his death, which occurred November 8, 
 1855. 
 
 Mr. Farley's professional career was a Inill- 
 iant one, and is still remembered by many of 
 the older lawyers. He measured lances with 
 some of the ablest and most experienced advo- 
 cates of the New Hampshire and jNIassachusetts 
 bars, never fearing to encounter them, and in 
 all his contests winning more victories than 
 defeats. Sound in his h\\\, clearly com})re- 
 hending always the points of his case, forcible 
 and clear in his presentation of facts to the 
 jury, adroit in the examination of witnesses, 
 keen in his i-idicule of eitlier N^itness or o})pos- 
 ing counsel, his arguments were \\'ell-nigh ir- 
 resistible. As a hn\-yer his legal instincts 
 were unerring, and his use of })recedents \vas 
 rather to contirm and fortify than to frame 
 and con.struct an opinion. Hon. .John Apple- 
 ton, formerly cliief justice of tlie Sujireme 
 Court of Maine, \\liO was the first law student 
 in Mr. Farley's ofHcc in New Ipswich, and 
 who always enjoyed his friendshij), said of 
 him : 
 
 "He was an intellectual giant. He was one 
 of the foremost men at tlic l)ar of New Flng- 
 laml. It was in the logic of liis argument 
 that he was strong. Grant his [)remises, and 
 the conclusion followed necessarily and irre- 
 sistibh'. He made precedents rather than fol- 
 lr)wed tliem. His logical powers were supe- 
 rior to those of any man I e\'er met. .Vs a 
 student in his office I \\'as on (|uite intimatt' 
 terms with him. 1 think if I have acquired 
 anv reputation, it is (kie in no sliglit degree to 
 the ad\'ice and insti'uctiini I i'ecei\'ed from 
 him." 
 
 r)anieM\'ebster said of him : "1 knt'W him 
 
 well — we have measured lances together. He 
 is a very great lawyer." 
 
 Hon. Peleg W. Chandler, of Boston, said : 
 "P^irley was a very great lawyer. I never 
 knew his superioi' as a logician; nor his equal, 
 except in .leremiah Mason." From Hon. 
 Josiah G. Abbott came this tribute: "He was 
 among the ablest and strongest men I ever 
 knew. He was not merely a lawyer and noth- 
 ing else. Not only was he a good classical 
 scholar, especially keeping bright his knowl- 
 edge of Latin writers, l.>ut he was a most dis- 
 criminating admirer of the l>est English litera- 
 ture. He had studied the law thorougldy 
 and made himself master of all its great princi- 
 ples and rules. But through his whole life he 
 passed no consideralde time in looking up 
 cases and authority. To bring him up to tlie 
 full measure of his powers it required a cause 
 of importance or one having some features 
 which thoroughly interested him. I ne\'er 
 knew any man who was a more perfect master 
 of logic than ]Mr. Farley. At his best, it was 
 difficult to find any \\-eakncss in his chain of 
 reasoning. Mr. Farley conducted trials and 
 made arguments that sho\\"ed he possessed 
 more logic, more reasoning power, more mind, 
 than is shown in many of the books that live 
 for centuries or tiian \\as ever shown l)y many 
 of the statesmen whose names have gone into 
 history." 
 
 Although Mr. Farley tried causes all o\'er 
 tlie Connnonwealtli and in New Hampshire, 
 it was with the courts of ( )ld Middlesex, Suf- 
 folk, and Worcester, \\liere he won so many 
 forensic victories, that his fame as an advocate 
 is most intimately associated. In Middlesex 
 he was easily and always the leader of the bar. 
 
 He inherited a strong constitution and al- 
 ways enjoyed vigorous liealtli. He had no 
 dis])Osition to enter into political life nor any 
 amliition for its laurels, but gave his sole and 
 undivided attention to the law, \\hicli he loved, 
 and whicli was the })roper arena for the exer- 
 cise and display of liis nuir\-elous powers. He 
 met and contested causes with such eminent 
 men as ^\'ebster, Mason and Dexter, and al- 
 
BIO GRA PHICA L . —MA SS. I CH ( ^SE T TS. 
 
 2C7 
 
 Avays licld liis o\A'n, thus acliiG\'iiig tbr liiiiiself 
 that eminence M'hich entitled him to rank 
 with tlieni. Removing from New nanqishire 
 to ilassachu.setts lie quickly (li.scovered Ijy lii.s 
 retainer in causes of magnitude in iMiddlesex, 
 Worcester, JCssex, and SuH'olk counties that his 
 fame as a lawyer and advocate had preceded 
 him. One of these was the famous "convent 
 case," \\diere a large numlier of men had heen 
 indicted for the alleged Imruing of a convent. 
 Samuel ^lann was his junior counsel. Mr. 
 Farley successfully defended all the defendants 
 with consunnuate skill and ahility. The Lady 
 Superior, a witness for the government, refused 
 to remove from her face a thick hlack \-eil 
 ^^•llen she Mas calleil to the \\-itness stand to 
 testify. Ijut Mr. Farley argued the [loint and 
 upon his ol>jection the court compelled her to 
 take it off. ^Ir. Farley also liad several noted 
 criminal cases, in one of \\diicli his clierd, was 
 indicted for the murder of liis wife liy poison. 
 The case \\-as tried at Keene, N. II., after he 
 had removed to (iroton. Professor AW'hster, 
 who analyzed the contents of the woman's 
 stomach, testified as witness for the gox'ern- 
 ment, and ^Ir. Farley, on cross-examination, 
 develoi)ed the fact that AWljster had used poi- 
 sons as tests in his analysis, and suggested the 
 fact that undoubtedly the poison came into 
 the stomach in that way. This cross-examin- 
 ation was merciless, astute, masterful, and 
 triumpliant, and \\on a verdict fur his client 
 the prisoner. A writer whose acquaintance 
 with Mr. Farley ilates from 1 S48 speaks of a 
 protracted trial in wdiich that elo({uent and 
 polished lawyer, Tolnian W'illey, of Boston, 
 was the oj^posing counsel. He turned Mr. 
 ^\'illey's oratory into a weakness liy stating to 
 the jury that he was a, greater orator than 
 Demosthenes and Cicero, "for I l>elie\-e that 
 tradition says that even Demosthenes and 
 Cicero had sometimes a slight hesitation in 
 sj)eecl)." In one notable case ti-ied against the 
 A'ermont & Mas.sachusctts Uailroad, in which 
 the late Judge Benjamin R. Curtis was coun- 
 sel for the company and Mr. Farley for the 
 plaintiff, lie most con.spicuously exhibited his 
 
 ready sagacity and tact. Some handsome 
 plans had been introduce<l as e\'idence in the 
 case by .ludge (Curtis. Mr. Farley discarded 
 these beautiful pictui'cs in his argument to the 
 jury, and with a piece of chalk dn'W a diagram 
 of the place of the accident upon the door, and 
 so ingeniously employed it that, to use the 
 words of liev. Thomas Whittemore, the presi- 
 dent of the railroad company: "Mr. Farley 
 chalked us out of tiie case." Mr. Whittemore 
 at once ga\'e him a general retainer as counsel 
 for his road. 
 
 Air. Farley's great and sure reliance Mas 
 upon himself In the consideration of ques- 
 tions of ]i\\y he made his own patlis in the 
 practice of his profession and did not seek or 
 Malk in the ways furnished by rither minds in 
 the })ul)lished reports. He possessed an origi- 
 nal creative legal mind. Firmly grounded in 
 the piinci[)les of the common law, he applied 
 tliose principles to the various cases as they 
 arose, and it is ])ut simple justice to his mem- 
 ory to say, upon the testimony of able contem- 
 porary jurists who knew hiiri well, in weigh- 
 ing his character, attainments, fame, and suc- 
 cess as a lawyer and advocate, that he had no 
 su})eriors and few equals at the liar of New 
 England. 
 
 ]\Ir. Farley was married November J!o, 182.'3, 
 to Lucy, daughter of .John and Lucy Rice of 
 Ashby, Mass., and at his (U'ath left three chil- 
 dren: George Frederick Farley, a Boston mei- 
 chant since deceased; Sarah E. Farley of Cro- 
 ton ; and i\Iary, M'ife of Edward Allicrt Kelly, 
 a prominent member of the Suffolk bar. 
 
 EDWARD ALBERT KELLY, M. A., Bos- 
 ton, achie\'ed sjiecial distinction at the 
 Sulfolk bai', and at the time of liis retirement 
 from acti\'c })ractice about 1884 was regarded 
 as one of its leading members. He is descend- 
 ed on both sides from some of the oldest Ne\A- 
 England families, his original iVmerican an- 
 cestor, .John Kelly, coming to Newbury, Mass., 
 in Kioo, probably from Newbury in England. 
 
268 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 Tlie family to which tliis Jolm Kelly helonged 
 is supposod to have sprung from the ancient 
 Devonshire branch, which either derived its 
 name from the district of "Kelly" in tliat 
 county or gave it the name it has borne for 
 over three hundred years. This John received 
 a grant of land in Xewl)ury in 1039, and died 
 there on the '2Kth of December, 1644. .John 
 Kelly ('2), son of the first .John, was born July 
 2, 1642, in Newljury, an<l died in what is now 
 West Newbury, ^Nlass., March 21, 171. S. He 
 was twice married, first on May 25, 1664, to 
 iSarah, daugldei' of Richard Kiugld. and sec- 
 ond on March lo, 1716, to Lydia Ames, of 
 Bradford, Mass. John Kelly (.'5), son of .John 
 (2) and Sarah (Knight) Kelly, \\'as born .lune 
 IS, 166.S, in West Newbury, and died there 
 November 29, 1735, leaving a large estate. 
 He 'was married Novemlicr 16, 1696, to Eliza- 
 l)etli Emery. John Kelly (4), eldest son of 
 the last named John, was liorn in West New- 
 bury on October 9, 1697, remo\'ed to Atkinson, 
 N. H., an<l died there April 27, 17S:]. De- 
 cember .']!, 172;'), he man-ied Hannah Somes, 
 of Gloucester, Mass. Moses Kelly (5), son of 
 .John (4), was born Marcli 15, 17:59, in West 
 Newltury, went with his parents to Atkinson, 
 N. H., removed thence to CTott'stown, N. H., 
 and l)efore ISIO settled in Hopkinton, N. H., 
 where he died August 2, 1.S26. He command- 
 ed the Ninth New Hampshire Kegiment of 
 jMilitia in tlie Kevolutionary \-\ar and for 
 thirty years served as high sheriff of Hillsljor- 
 ough county. No\-eml)er KJ, 1757, he married 
 Lydia, daughter of Di'. William and J^ydia 
 (Wel)ster) Sawyer, of West Newlmry, Mass., 
 and a granddaughter on her nifitber's side of 
 Israel Webster, a near ivlative of Daniel Welj- 
 ster's father, Ebenezer. Israel ^\' cluster ]\elly 
 (6), son of Moses, was born in (ioffstown, N. H. 
 January 4, 177.S, remo\'eil to Concord, X. II., 
 in 1841, and died there March 10, 1,S57. He 
 was higli sheriff of tlie county of J\lei'riiriac 
 from Isl4 to lsl9. United States marshal of 
 the district of New Hampshire during the ad- 
 nnnistration of President Harrison and Tyler, 
 and [)ension agent in that State under Taylor 
 
 and Fillmore. About 1<S0() he married Re- 
 becca, (laughter of Rev. Elijah Fletcher, of 
 Hopkinton, N. H., and sister of Grace Fletcher, 
 the first ^^-ife of Daniel ^\'ebster. Albert Liv- 
 ingston Kelly (7), son of Israel We].)ster and 
 Reljecca (Fletcher) Kelly, was born in Bristol, 
 N. H., August 17, 1802, and was graduated 
 from Dartmouth College in 1821. He read 
 law in the ofticc of Stephen Longfellow, of 
 Portland, ile., was admitted to the Cumber- 
 land county bar in that State in 1825, and on 
 the Fourth of July of the same year, at the age 
 of twenty-three, ilelivered Ijy appointment the 
 annual oration Ijeforc the municipal authori- 
 ties of Portland. About the same time he was 
 ajipointed, on the recommendation of Daniel 
 Webster, agent of tlie "Ten Proprietors' Tract" 
 in Eastern Maine, owned Ijy A\'illiam Presccjft, 
 David Sears, and Israel Thorndike, of Bos- 
 ton, and ill the latter [lart of 1825 be estab- 
 lished his residence and office in Frankfort, 
 Me., ^^■here he died August 18, 1885. He was 
 an extensive reader, a fine ^\•riter, an able and 
 eloquent puldic speaker, a wise and sagacious 
 counselor, and an accomplished gentleman, 
 and attained high rank in his profession. He 
 WAV, married I'ebruary 18, 1829, to Caroline, 
 daughter of Waldo Peirce of Frankfort, Me., 
 and niece of the late Silas Peirce (brother of 
 \\'aldo), founder of the welI-kno\\n house of 
 Silas Peirce & Co., of Boston. A^'aldo Peirce 
 was a native of Sciluate, Mass. 
 
 Edward Albert Kelly, son of Albert Livings- 
 ton and C!aroliiie (Peirce) Kelly, M-as Ixirn in 
 that part of Frankfort that is now A\'interport, 
 :Me., May .30, 1831. He is thus descended in 
 the eighth generation from John Kelly, of 
 Newbury, and through a long line of ances- 
 tors inherited those fine mental attainments 
 which have served him well in professional 
 life. Wii received his education in bis native 
 State, attending successively Lieutenant Whit- 
 ney's Military School at Ellsworth, Foxcroft 
 Academy, and North Yarmouth Classical 
 Academy, and entering Bowdoin College in 
 1846, ^\hen but fifteen years of age. He re- 
 mained at the latter institution until the mid- 
 
BIO GRA PIIICA L —MA SSA CH US ETTS. 
 
 2G9 
 
 die of his junior year. In Is.ll \w heciiiiie a 
 student in the hiw ofHce of (Jeor^c Frederick 
 Farley, of Ciroton. >hiss., N\li()se memoir ap- 
 pears in this \\ork, and in Is.j.'! he was ad- 
 mitted to the Sulfolk har at ISoston. He eon- 
 tiimed with Mr. Farley as his pai'tner until 
 tile lattei''s death in IS.'),") and afterward prae- 
 tit'ed alone in (ii'oton until lS(il, sueeeedino- 
 to the lari;e and suceessful husint'ss of l''arle\' 
 
 EDWARD A. KELLY. 
 
 i' Kellv. Since then he has resided ami main- 
 tained liis oHice in Boston. Mr. K'cdly won a 
 higli position at the Midihese.x and Sulfolk 
 hars, and tlie many important cases intrusted 
 to his care show the confidence i'e|)osed in Ids 
 skill and ahility. lie ajipeared in court e\-cn 
 hefore he was admitted to pra(.'tice, hcini;' re- 
 tained as counsel witli his paltrier, .Mr. ]'\irlcy, 
 for Fliny IF Ijafiliitt, a de[iuly sherilf of 
 A\V.)rcester county, wdio hail heeii indicted as 
 accessoiy hefore the fact tri a hurn'hiry in 
 Barre, Mass. Hon. .loliii IF ('lijlord, then at- 
 torney-general and afterward goN'Ci'iKJr, ap- 
 jieared for th(! ( 'oininonwealth, and in his ad- 
 dre.s.s to thc' jury complimented the argiiiiient 
 of his young op[ionent. 
 
 In 1X()(; Mr. Kelly was counsel fcir Hon. 
 Charles liobinson, formerly go\'ernor of Kan- 
 
 sas, in an aeti(.in of contract hrought hy Josejih 
 Lyman, of Foston, as trcasui'cr of the Kansas 
 Land Trust, on se\'eral jiroinissory notes ag- 
 gregating Sl.j,()0(). The trial hy jury heing 
 \\'ai\'ed the case was argueil in tlie Supreme 
 •Judicial ('ourt at the Xoveniher term, iJSIJtJ, 
 the late Sidney liartlett and (Jaleh William 
 Loring aiipearing for the plaintiff. Mr. Kel- 
 ly's argument was highly commended by the 
 hencli and har, anil resulted in a decision in 
 his fa\'or. In fsy.'! he was counsel for the 
 Massachusetts National Hank of Boston in an 
 action of contract hrought hy Nathan Mat- 
 thews, sr., to recover %'lh,^)^){) on a forged cer- 
 tificate of stock of the J^)Ostoii and Albany 
 Railroad. Later he appeared before tlie Su- 
 preme .Judicial Court as counsel in a, ease of 
 special interest entitled the Commonwealth v. 
 tlie Ijancaster Savings Bank. By a court de- 
 cree in I)ecemf)er, ISTfJ, the hank was placi'd 
 in the hands of i-cceivers, and in ^Lxy, LS77, a 
 ta.x was levied on the luuik under the law 
 authorizing a tax on savings hanks. As the 
 attorney of the hank he advised that the tax 
 was illegal. (Jharles ]!. Train, then attorney- 
 general, aih'ised that it was legal and the suit 
 was hi'ouglit. On an argument of the case he- 
 fore the court at Taunton in October, 1S77, an 
 ojiinion was i-eiidered in .January, 1<S7<S, sus- 
 taining Mr. Kelly's claim, the sulistance lieing 
 that a tax on sa\'ings banks was a tax upon 
 the privilegx' of doing Ijusiness. 
 
 Mr. Jvelly carried on a constantly increasing 
 genei'al ]ii'actiee until about LS84, when he re- 
 linijuished it for the cart' of his own private 
 interests and of others jilaced confidingl}' in 
 his hands, which continue to occupy his atten- 
 tion. J)uiang the last fifteen years he lias in- 
 dulged to a eonsiderable extent in literary 
 tastes, whieli he acijuired at an early age. He 
 has contributt'd to maga/.ines and newspapers 
 freijuent ai'ticles wdiiidi are marked for jiure 
 English, (deai'iicss of statement, and thorough- 
 ness of reseai'ch. Mdiile Horace J'. ( 'haiidli.'r, 
 son of Feleg \\'., was editor of E\'ery ( )tliei' 
 Saturday he wrote many able articles for its 
 columns, one of them being ''Advice to Young 
 
370 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 Lawyers," wliich sliould Ijc carefully studied 
 by every youni;' man entering the profession. 
 lie enforces the necessity of a tliorough and 
 exliaustive preparation of a cause for trial and 
 absolute self-reliance in total disregard of an 
 apparent adverse opinion Ijy the sitting judge, 
 and cites the first appearance in court of Ser- 
 geant 8. Prentiss as an illustration of the les- 
 son. "The incident occurred in Brandon. 
 Mr. Prentiss was a slight made, beardless boy, 
 extremely youthful in appearance, and a 
 stranger to all in court. When bis case was 
 called be prom[)tly responded and stated that 
 his case stood on denmrrer to some part of the 
 proceedings, which he desireil to argue. The 
 judge with some al>ruptness told him that he 
 did not wish to hear the argument as he had 
 made up bis mind adversely to bis side of the 
 case. Mr. Prentiss insisted, bo\Aever, on the 
 constitutional right of his client to be beard, 
 and went on \\"itli an argument wliich aston- 
 ished botli the judge and the bar. The judge 
 was convinced of liis error and decided for Mr. 
 Prentiss." 
 
 Mr. Kelly is not only an a1.)le lawyer and a 
 finished writer, Ijut a fluent and graceful 
 speaker, and has often been called upon for 
 historic and other addresses. Mr. .Joseph A. 
 Willard, the veteran clerk of the Superior 
 Court, in writing of Mr. Kelly, characterized 
 him as a model lawyer and natural gentle- 
 man. Mr. Kelly's writings and speeches on 
 historical, political, and general suljects liave 
 won for him a high reputation. He is inde- 
 pendent both in thought and action as wt'll as 
 in politics, and has avoided the shackles of 
 })arty, and all entangling alliances. During 
 the Pbiyes-Tilden contro\ersy be puljlisbed, 
 among other influential connnunications, a 
 strong article in the Poston Daily A<lvertiser 
 on "It is the First Step that (_'osts," \\-hich ex- 
 cited much favorable comment. He is an lion- 
 est and fearless adviser and a just and cbi\al- 
 rous adversary, and to him are specially a}>- 
 plical.ile the innuorta! words of ('hapman: 
 
 " Who to him.self is law — no law doth need, 
 Offends no law — and is a King indeed." 
 
 Mr. Kelly was elected a trustee of Lawrence 
 Academy at Groton to succeed George Fred- 
 erick Farley, deceased, in 1855. He is also a 
 corresponding member of the Maine Historical 
 Society and a foundation member (in 1876) of 
 the Boston Bar Association. He was an inti- 
 mate friend of the late .Josiah G. Abbott and 
 Peleg W. Chandler, and received from Bow- 
 doin College the honorary degree of \i. A. 
 He was married at Groton, Mass., Novemljcr 
 15, 1854, to Mary Adams, daughter of George 
 Frederick and Lucy (Piice) Farley. They have 
 one daughter, Elizabeth Farley Kelly. 
 
 ROBERT DICKSON SMITH, of Boston, 
 the eldest child and only son of Dr. 
 •lobn De Wolfe and .Judith Wells (Smith) 
 Smith, was born at Brandon, Miss., April 23, 
 18;38, and died in Bo.ston, May 30, 1888. His 
 father, Dr. Smitli, was born at MaitlaniJ, Nova 
 Scotia, in the year 181(.), and was the son of 
 Isaac and Eliza (De Wolfe) Smith. His mother 
 was born at Hallowell, Maine, and was the 
 daughter of .Iose})li Sidney Smith, who bad 
 gone there from Sandwich, Mass., and was 
 a grandson of Dr. Thonras Smith, of Sand- 
 wich, one of the judges of the Court of Com- 
 mon Pleas for Barnstalde county, ])oth before 
 and after the Revolution, and a memjjer of the 
 Massachusetts Constitutional Convention of 
 1789. 
 
 Though Robert I). Smith's father was a na- 
 tive of Nova Scotia, and though he himself 
 was liorn in Mississippi, Mr. Smith was essen- 
 tially a New Englander. Seven of bis eight 
 great-grandparents were of pure New England 
 stock, and he was brought up in Maine. Through 
 his mother he was related to the Hinkleys, 
 Cusliings, Chipmans, Williamses, Buckmin- 
 stei's, and other well-known families of Massa- 
 cluisetts, and to the Greeleys and Batcbelders 
 of New IIami)sbire, liis great-grandmother 
 Batcbelder being a cousin of Daniel Webster. 
 His paternal grandmotlier, Eliza De Wolfe, 
 was a daugliter of Edward De Wolfe, of Hor- 
 
BIOGRAPHICAL.— MASSA CHUSE TTS. 
 
 271 
 
 ton, N. y., who came from the Connecticut 
 family of tliat name, and \\\\o mai'vicd a Miss 
 Brown, of Cliarlestown, Aiass. iVnd even his 
 great-grandfather, William Smith, of Doug- 
 las, Nova Scotia, married a New England girl. 
 
 The William Smith just mentione<l was 
 born ill Ireland in the year 1750, and emigrat- 
 ed from the County Tii)j)erary to Nova Scotia 
 ■\vitli his father when about twenty years of 
 age. So far, however, as race and character 
 are concerned, he ditfei'ed little from the New 
 Englanders of a century oi' more ag(.i. He was 
 a rrotcstant and the great-grandson of a soldier 
 who went from England to Ireland with Ci-om- 
 well's army in l(i49, and like so many othei' 
 C'romwellians settled tliere on lands taken 
 from the Irish. This ^\'illiam Smith worked 
 a large farm in Douglas and ^\•as a govern- 
 ment sur\'eyor, justice of the peact', and colo- 
 nel of militia. Two of his sons were memljers 
 of the Nova Scotia parliament. 
 
 .Mr. Smith's father. Dr. John Dc Wolfe 
 Smith, mo\eil. when a hoy, with his father 
 and mother to Thomastun, iMaini'. A lew 
 years later he entered tlie Bowdoin Medical 
 School at I)i-unswick, where he received the 
 degree of M. I>. He also studie(l medicint' 
 with a physician in Ilallowell, where he met 
 the Miss Smith whom he afterwar<l married 
 and took with him to ISrandon, Miss., where 
 his son was liorn. At Hrandon he ])racticed 
 his profession, was cashier of a hank, and sei'ved 
 as mayor of the city. His connection with the 
 bank aftbrded oiiportunities for speculation, of 
 which he availed himself, and in a few years 
 he acquireil a moderate fortune. His health 
 being delicate, he returned with his wife to 
 Maine and settled at Hallowell, \\]\v\v the sub- 
 ject of this memoir passed the greater part of 
 his childhood and fitted for college. It was in 
 I-Iallowell that an intimacy s].raiig w[> between 
 Dr. and IMrs. Smith and tl]c late Ileiiiy W. 
 Paine and his wife — Mi'. I'aine was tlien a 
 leading lawvei- at the Kennebec biii' — which 
 afterwards exerted a most important iiiHueiice 
 on Mr. Smith's career. 
 
 Mr. Smith entei'ed Harvard College with 
 
 the cla.ss of 1857, wducli has fui'iiished the rolls 
 of the liostou jjar witli an extraordinary num- 
 I)er of distinguished names. Among his class- 
 jnates were Solomon Lincoln, James .1. Stor- 
 row, Jlobei't M. Morse, John 1). Long, .lolin C. 
 Ropes, Charles V. Walcott, J. Lewis Stackpole, 
 Samuel \\'ells, all of the Boston bar, and 
 Franklin Haven, A. J. C. Sowden, Fi-ancis 
 Henry Brown, M. 1)., of Bristol), and the Rev. 
 
 ROBERT D. SMITH. 
 
 Joseph May, of I'liiladelphia. <.)f this class 
 Mr. Smith was one of the youngest memljers. 
 He was gi'aduatt'd at the age of nineteen, tak- 
 ing high rank in his class, and becoming a 
 member of the Phi Beta Kajipa society. He 
 sul.>se(piently took an A. M. in course. 
 
 During the long wintei' \-acation of his 
 s(.)plioiiiore year Mr. Smith taught the Deer- 
 held (Ahiss.) Academy: and after graduation 
 he also taught foi- a time in the preparatory 
 school coialuctcd by I'rofessoi's Lane and Lov- 
 ei'iiig. in < ainbridge. His experience as a 
 teacJici', tliougli short, must ba\'e >;ei'\'ed to im- 
 press upon bisstr(Hig memory such knowledge 
 of the classics as li<' had acijuircd in college. 
 He ccrlaiuly [ireseiA'cd thai knowlc(lgc in a 
 state of unusual li'cshness throughout his life. 
 
272 
 
 THE JUDICIARY AND THE BAR OF NEW ENGIAND. 
 
 About the time Mr. Smith entered college 
 Henry W. Paine was pie}>aring to leave Hallo- 
 well and begin in Boston at the age of forty- 
 four the brilliant career \\liich at once opened 
 to him there. Dr. and Mrs. Smith came to 
 Cambridge to live there wliile their son was 
 in college, ^^'ith them came Mrs. Paine and 
 her daugliter. In 1.S54 Mr. Paine, wlio liad 
 remained in Hallowell to close up his business, 
 joined them, and until liS.iyboth families lived 
 together in Cambridge, occupying tlie same 
 house. After Mr. Smith graduated liis father 
 and mother returned to Hallowell, wdrile he 
 continued to live in Mr. Paine's family until 
 his marriage in 1(S(]3. 
 
 Having chosen the law as his profession, he 
 began the study of it in INfr. Paine's office, and 
 was admitted to the Suffolk bar in 1858. He 
 also studied at the Harvard fjaw School and 
 took the degree of LL.B. in 1860. From 1860, 
 when he began the practice of law, until 1882, 
 he was closely associated with Mr. Paine, 
 tliough ne\'er as his partner. Mi'. Smith's ap- 
 titude for the law was so unusual that he 
 could not have failed to take a leading place 
 in the profession had he starteil alone. I3ut 
 Iris connection with Mr. Paine threw him im- 
 mediately into a large business so that his ca- 
 pacity was recognized at an age when most 
 young lawyers iiave liad no opportunities to 
 show whether they have capacity or not. Ilis 
 practice increasdl ra}»i<lly and soon other law- 
 yers, frequejitly men consideral)ly older than 
 he, liegan to employ him as senior counsel. 
 In bis later years much the greater part of bis 
 business came to him in tins \\'ay tln'ough 
 other members of the fiar. 
 
 In 1882 tlie long association which had ex- 
 isted bet\\een Mi'. Paine and Mr. Smith was 
 terminated f>y the former. ^Ir. Paine's mind 
 had for some years Ijeen failing, but the separa- 
 tion was nevertheless a source of grief and 
 mortification to Mr. Smith. Iia,\'ing to Hud 
 new othces, he was urged Ity th(> late Sidney 
 Bartlett to take offices adjdiniiig bis, at 1.'! Ex- 
 change street. This Mr. Smith did, and there 
 ^\\\\\ his lirother-in-law, ^feh-ille M. Weston, 
 
 he continued in active practice until his death. 
 During these last years of bis life Mr. Bartlett 
 and be were associated in the conduct of a 
 numjjer of imiiortant causes. Mr. Bartlett, the 
 acknowledged leader of the bar, was wont to 
 pre(bct that bis mantle would fall on Mr. 
 Smith's shoulders. ^Ir. Smith, however, died 
 nearly a, year before Mr. Bartlett, though the 
 latter was forty years his senior. It is difficult 
 for })eople who know what a bigii position in 
 the profession Mr. Smith attained to believe 
 that lie was only fifty years old when he died, 
 with fifteen or twenty of wliat are usually the 
 ripest and best years of a lawyer's life still be- 
 fore him. 
 
 It \\-ould be impossible to describe the qual- 
 ities to which he owed his success. He com- 
 bined extraordinary ingenuity and fertility 
 witli perfect candor and sincerity. He was 
 courageous and on proper occasions high tem- 
 [lered, yet always gentle and sympathetic. In 
 presenting the evidence of his own witnesses in 
 a cleai', ])icturesque, and telling manner, he bad 
 few eipials. And the vigor and interest with 
 wdiich he threw himself into the study of a 
 fjuestion of law, and the lucidity and fairmind- 
 edness with which he presented his arguments 
 always commanded the Ijcst attention of the 
 courts. Any description of him which failed 
 to mention liis wit, his humor, bis fund of 
 anecdotes, and his powers of repartee would jje 
 very incomplete. These charmed all wdio 
 approached him, and lighted up all the waste 
 and dreary places whicli men encounter in the 
 practice of the law. 
 
 His ready symjiatbies, bis capacitv to re- 
 ceive as well as to give pleasure in the societv 
 of others, not only made him a great favorite 
 wherever he went, l>ut won for him a degree 
 of alfection from his brother lawyers, and frr)m 
 all the different classes of men with whom bis 
 activt' life lirought him into contact, such as 
 is gi\'en to very fcM". 
 
 At the meeting of the Bar Association of the 
 city of Boston shortly after bis death the foL 
 lowing appreciative and expressive resolution 
 was adopted : 
 
BIOGRA PHICA L. —MA SSA CH USE TTS. 
 
 273 
 
 "Without fear and without reproach in hiw 
 ottiee as oounselor of the eourt, he enjoyeil, as 
 we are proud to l)elieve, its uureserxed eonfi- 
 dence and respect. To a full and exact knowl- 
 edge of tlie law, and a sin,i;ular mental apti- 
 tude for its [>ractiee, he joined generous schol- 
 arship and hroad literary culture, so that his 
 advocacy was marked by dignity and grace, 
 as well as hy intelligence, precision, and vigor. 
 Of the strictest integrity and most delicate 
 sense of honoi', he was uniformly courteoirs, 
 generous and kindly in his di'alings with his 
 brethren, so that association with him at the 
 bar tended always to maintain the best stand- 
 ard of honor among gentlemen of our pi'ofes- 
 sion." 
 
 Mr. Smith's life was de^•ote(l to his profes- 
 sion, lie held Ijut one political otfice, that of 
 representative to the lower house of the Legis- 
 lature in 1876. Pie declined a nomination to 
 Congress and appointments at ilifferent times as 
 as.sociate justice of the Massachusetts Superior 
 and Supreme .Judicial ( 'ourts. In 1 SSO he ileliv- 
 ered the Fourth of July oration jjefore the city 
 authorities of Boston, his subject lieing "Sam- 
 uel Adams." He was an overseer of Harvard 
 College from 1S78 until his death. lie con- 
 tributed a number of papers and reviews to 
 law publications and the daily press. In 186.'5 
 he moved from Cambridge to Newton, Mass., 
 and after l.s(i8 he resided in Boston. He was 
 a member of the Union, Century, and Wednes- 
 day Evening Clubs and of \'arious other organ- 
 izations. 
 
 Mr. Smith married in July, l86."3, Paulina 
 Cony Weston, daugliter of the late George 
 Melville Weston, editor of the Washington 
 (D. C.) Republican, secretary of tlie United 
 States Monetary Commission, lil>rarian of tlie 
 United States Senate, and autlior of several 
 books on money and hnance. Pie was a, son 
 of Nathan Weston, LL.D., of Augusta, Me., 
 one of the first associate justices of the Sui)reme 
 Court of Maine, and for .seven years its chief 
 justice. Chief Justice Weston was a hrst cous- 
 in of George Bancroft, the historian, and 
 grandfather of Melville Weston Fuller, the 
 
 ]ii-es(,>nt chief justice of tlii^ Su]ireme Court of 
 the L'nite<l States. Paulina Cony (Weston) 
 Smith's mother was Ruth i;(.)l)erts. Mr. Smith's 
 wife survi\'es him. 'Pheir childreu were Rob- 
 ert Dickson \\'eston-Smitli, whose sketch ap- 
 pears in this work; Alice Weston Smith, born 
 Novendier 10, L868; Melville Weston Smith, 
 jjorn May 'JJ, 1870, died April 14, 1880; and 
 Paulina Conv Smith, born August 8, 187.'!. 
 
 ROBERT DICKSON WFSTON-SMITII, 
 of (Annbridge and Boston, is the eldest 
 son of the late Robert Dickson Smith, whose 
 memoir apjiears in this work, and of Paulina 
 Cony Weston, his wife, and was born in New- 
 ton, Mass., May 8, 1S(J4. In the fall of 1868 
 his fi^ther moved to Boston, wdiere he lived 
 until his marriage in 1888. In 1886 he 
 assunred the name ^\"eston as a prefix sur- 
 name. 
 
 Mr. Weston-Smith prepared for college at 
 the Boston Latin School and in the private 
 school of John P. Hopkinson, and was gradu- 
 ated from Harvard College, taking his A. B. 
 degree cimii laiide in 1886. ^\^hile in college 
 he was a member of the Delta Kappa Ejisilon 
 and Alpha Delta Phi fraternities, of the Insti- 
 tute of 1770, the Hasty Pudding Club, and 
 the (_). K. Society, and took an active part in 
 athletics, being successively secretary, treas- 
 urer, and }iresident of the Harvard Athletic 
 Association and in his senior year captain of 
 the University track athletic teajn. In the 
 autunni of 1886 he entered the Harvard Law 
 School, wliere he reurained a year and a half 
 During a portion of tins time he also studied 
 in his father's office, from wdiich he was ad- 
 mitted to the SuHblk Ijar in February, 1888. 
 He began practice with his father, arguing 
 w'ith him one case before the full bench of the 
 Supreme Judicial ('ourt shortly Ijefore the hit- 
 ter's death in the spring of that year. After- 
 ward he enjoyed the privilege of working with 
 Sidney IJaitlett in several cases, and later Mas 
 assistant counsel for the New York and New 
 
274 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 Eii^lauil Itaili'oad (Viinpaiiy foi' a period of 
 al)ont eigliteeii niontlis. Since then lie has 
 practiced alone, lieing cloHcly associated, how- 
 ever, with his uncle, ^[eh'ille AI. Weston, and 
 lia\'in,<i; offices with him at ").'5 State street. 
 
 Mr. ^\'eston-Snlith has not taken up any 
 special lu'anch of the law, Imt his practice is 
 general and includes both court and office busi- 
 
 ROUEKT U. WESTON-SMl'lH. 
 
 ness. As Mr. Hartlett's junior he made the 
 opening argumenl in (he case oi' I'rederick (_). 
 Pi'ince et al. \'s. the ( 'ity of ISostoii, brought to 
 test the constitutionality of the police act. lie 
 was counsel foi' (he defendant in the case of 
 Daniels \'s. New Yoi'k and Xcw JMigland Kail- 
 road Company, the first " turntaljle" case in 
 the Massaidnisetts Kejiorts; and as counsel for 
 the plaintiff lie argueil against the late -ludge 
 Hoar the case of Aylward \"s. (J'lSrien, bi'ought 
 against Father ()'|!rieii, "f East (Jambridge, 
 foi- the purpose of testing the plaintiff's title to 
 a jx'W in St. .fohii's Roman ('atliolic cliur(di, 
 and Mr. .Justice Allen, \\lio deli\'ered the opin- 
 ion (if the vi)\w\ in the recent case of boring \-s. 
 ^\'llitllev (1()7 Mass.), took occasion to speak 
 in high tei'iiis of Mr. A\'eston-Smitirs lirief for 
 the defendant. These and other cases have 
 
 given Mr. Weston-Smitli consideralile reputa- 
 tion as a lawyer and have won for him a good 
 position at the junior 1 lar. He has been a Dem- 
 ocrat in politics, and while a student in the Har- 
 vard Law School was a candidate from 'Ward 
 11, Boston, for member of the Legislature, and 
 afterward was nominated for State Senator 
 from the Fourth iMiddlesex district. In 1893 
 he Mas admitted to practice before the Supreme 
 Court of the Cnited States and later to the 
 United States Circuit Court at Boston. He is 
 a memlier of the Boston ami American Wax 
 Associations, of the Fnion ('lul.i of Boston, of 
 the Massachusetts Keform Club, of the Young 
 Men's Democratic Club, and of the Ne\\' Eng- 
 land Free Tra<le League. 
 
 Mr. Weston-Smith married in Cambridge on 
 the 4tli of October, 1.S88, Anstiss Walcott, 
 daughter of the late Charles F. Walcott, a 
 graduate of Jlarvanl in the famous class of 
 1S57, a distinguished s<.jldier of the war of the 
 Rebellion, and a prominent lawyei' of Boston. 
 She is a granddaughter of I)r. Morrill ^Vynlan, 
 of Cambri<lge. ddiey have lived in (.'amliridge 
 since their marriage and have four children ; 
 Robert, Charles, Meh'ille, and Anstiss ^\'eston- 
 Smith. 
 
 THEOPIIILrs PARSONS CHANDLER, 
 A. M., Boston, was a lineal descendant 
 in the seventh generation of Ivlmund f^'han<l- 
 ler, who came from England to Duxburv, 
 Mass., in Ki;').'!, and who ser\-ed as representa- 
 tive in l<J-')9, 104.'] and 1(545. Four generations 
 of his ancestors lived at Du.xbury, until 171)2, 
 when Peleg, the great-great-grandson of Ed- 
 mund, removed to New Gloucester, Me., wdiere 
 he ac(piired a large ti'act of land at what be- 
 came the Lowei' Corner village, and \\diere he 
 lived to a great age. He \A-as a }irominent 
 man in the nc\\- district, ser\-ing as coroner l)y 
 appointment of Go\-ernor Hutchinson, and in 
 1784 as representative to the ( ieneral Court of 
 Massachusetts Bay, of which Maine was then 
 a ]iart. His son, Peleg Chandler, jr., born in 
 
BIOGRA PHICAL.—MA SSA CHUSETTS. 
 
 27S 
 
 New Gloucester, Me., September iJ, 177o, was 
 graduated from Brown Uuiver.sity iu ITHo, 
 aud studied and praetieeil \i\\\ iu liis nati\'e 
 town until 1S2(5, when he removed to Bangor, 
 Me., where he contiuueil in active jn'actice till 
 his death, .January IS, 1S47. lie marrii.Ml 
 Esther, daughter of (_'ol. Isaac Parsons, of New 
 Gloucester, a Revolutionary soldit'r, a repre- 
 sentative in 17.S3 and 17S5, and an uncle of 
 Tlieophilus I'arsous, chief justice of Massaclm- 
 setts from IsOG to isl;;. She died in Brodk- 
 liue, Mass., February Kt, LSI]"), in hrr ninety- 
 first year. They N\'ere tlie i)areuts of ten 
 chihlren, of wliorn the three sons living to 
 maturity were (^'liarles Parsons Chandler, a 
 law'ver of Foxcroft, Me., who x^as a State 
 senator in \X'u and died in that year; Tlie- 
 ophilus Parsons C'liandler, the suliject of this 
 memoir ; and Peleg ^\dntmau Chandler, LL.D., 
 an eminent lawyer and city solicitor of Boston, 
 who died May 2.s, Psslt. 
 
 Theopliilus l^irsons ('handler was f)Orn in 
 New <;ioucester. Me., Octolier 1;;, 1.S07, and 
 was named for his maternal cousin, (Jliief 
 Justice Theojihilus Parsons, of Massacluisetts. 
 He was educated in tlie }iul)lic and jirivate 
 schools of his native town, read law with his 
 father, and in Gardiner, Me., with Frederick 
 Allen, and was admitted to practice in Ken- 
 nebec county, :\re., August P], PSliJt. On the 
 8tli of Octolier of that year he oiiened an otlice 
 in Bangor, Me., but on November 19 he re- 
 turned to (iardiner, where lie iiracticed until 
 November 4, IXol, when he again went to 
 Bangor. He remained in P>anger in full jnac- 
 tice until the summer of PS.'Sd, when he 
 removed his office to ISoston, ^Liss., wliere he 
 successfully followed his jirofession for moi-e 
 than forty years. Dining more than fifteen 
 years of this period he occupied offices with 
 Gov. John A. Andrew, with whom he was at 
 one time a jiartner, and with wdiom he enjoyed 
 a lifelong friendship. Among others witli 
 whom he was connected by a, strong attach- 
 ment and by relations of a confidential char- 
 acter were William Pitt Fes.senden, Charles 
 Sumner and Salmon P. Chase, all of whom 
 
 often sought liy an iiiteixdiange of \'iews to 
 guide and foi'tify their jiolitical courses by the 
 aid of his counsel and ad\ice. The lieiriic in- 
 tegrity of Fesst'iidcn, the feai'less c'.xpressions 
 of anti-slavery sentiments of Sumner, and the 
 mastei'ly ainlity of ('base as a tinaiicial minis- 
 ter recci\'ed b'Oiii him unstiiiteil words of praise 
 and an incentive to still liigliei' aud better 
 efforts. At one time Sumner savs to him : 
 
 THEOl'IlILUS P. CHANDLER. 
 
 "Cheerfully and often I read all that you 
 write. If I do not acknowledge it at once, it 
 is because I am absorbed iu other things. Prav 
 write me always. You al\\-ays go right to the 
 point and I umlcrstand you." And again : 
 " You are in favor of free banking. Will vou 
 put the argument on pa}ier? You always 
 state a. case clearly aud strongly. Let us have 
 the benefit of your \\-ay ol' stating the case." 
 Nor did ^Ir. ('base, full of resources as he was, 
 hesitate to ask ibr suggestions from Mr. ('hand- 
 ler which miglit aid him in formulating the 
 svsteiii of finance, including national banks, 
 that made the sujuiression of the liebellion 
 possible. 
 
 Ml-. (Jluuidler's preference was for t'(|uity 
 priuci})les and practice, and he \\as acti\-ely 
 engaged in important cases, chielly on the 
 equity side of the court, until 1841), \\ hen he 
 
276 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 was called liyhis clients to take the presidenc_y 
 of the Nortlieni Railroad of New York, known 
 also as tlie Ogdensl^urg and Lake Champlain 
 Railroad, which otfice he lield for four years. 
 William A. Wheeler, of Malone, N. Y., late 
 vice-president of the United States, with whom 
 he then hecame associated, attributed his suc- 
 cess in life to Mr. ('handler's early recognition 
 and aid. Under an act of the Massachusetts 
 Legislature, passed Feln-uary 5, 1861, AL'. 
 Chandler was appointed one of seven commis- 
 sioners to attend the Peace Convention at 
 Washington. Li .June, 18(53, he was appoint- 
 ed United States assistant treasurer for Boston 
 and served as such until 1868. 
 
 From 1836 to 1848 Mr. CJiiandler resided in 
 Boston. In May, 1848, he removed to Brook- 
 line, Mass., where he liveil until his death, al- 
 ways taking a deep interest in the welfare of 
 the town, tie was largely instrumental in 
 establisliing in 1857 the Brookline Public 
 Library, which he served as a trustee. until 
 1866, and he organized and was contiiuiously 
 a director of the Brookline Land Company. 
 Pie was a man of unusual intellectual attain- 
 ments, of great ability, and of decided force of 
 character, and in 1837 Bowdoiu College recog- 
 nized his learning by conferring upon him the 
 honorary degree of A. M. In ])olitics he was 
 a Free Soiler and Repulilican. In religion he 
 was first a Calvinist, but during the larger 
 part of his life he was an ardent follower of 
 Emanuel Swedenborg, and was a leadintr sijirit 
 in the erection of the Brookline Swedenborgian 
 church. 
 
 Mr. Chandler was married Se})tember 20, 
 1837, to Elizabeth .lulia, daughter of ^^''illiam 
 Schlatter, a prominent merchant and one of 
 the founders of the Swedenborgian church of 
 Philadelphia, Pa., and a grandson of the Rev. 
 Michael Scldattei- of St. Gall, Switzerland, 
 whose travels and lalxjrs in America promoted 
 by the (lu'istiaii Synod of the Netherlands 
 lasted from 1746 to 1790, and ^^dlO served as 
 chaplain in the French and Indian wars and 
 in the war of the Revolution, when in 1777 
 he was im})risoned and his house in Philadel- 
 
 phia sacked by the British on account of his 
 loyalty to the colonists. Mr. Chandler died 
 December 21, 1886, in Brookline, leaving a 
 widow and three sons and three daughters, his 
 eldest son, Charles Lyon Chandler, lieutenant- 
 colonel of the 57th Mass. Regt., liaving been 
 killed in battle near Hanover Court House, 
 Va., May 24, 1864. Another son, Alfred 
 Dupont Chandler, of Brookline, is noticed at 
 lenicth in this work. 
 
 ALFRED DUPONT CHANDLER, Bos- 
 ton, a citizen of Brookline, Mass., is the 
 son of Theophilus Parsons and Elizal:)eth Julia 
 (Scldatter) Chandler, a)id was born in Boston 
 on the 18th day of May, 1847. On the pa- 
 ternal side he is descended in tlie eighth gen- 
 eration from Ednumd Chandler, who settled 
 in Duxbury, Mass., in 1633, and who re})re- 
 sented Duxbury in the General Court in 1639, 
 in 1643, and in 1645. His grandmother, 
 Esther Parsons C'handler, who died in 1865, 
 aged ninety-one, was a first cousin of Chief 
 •Justice Theophilus Parsons. His maternal 
 grandfather, William Schlatter, was an emi- 
 nent Philadelphia merchant in the first quar- 
 ter of this century, and a descendant of the 
 Rev. Michael Schlatter, who was by birth a 
 Swiss, a man of uncommon industry and per- 
 severance and who was sent to America in 
 174(j to organize the existing congregations of 
 the ( ierrjian Reformed church, a work he suc- 
 cessfully performed, enjoying tlic confidence 
 and friendship of the leading men of the day, 
 until his death, which occurred at ({ennan- 
 town. Pa., in 1790. 
 
 Mr. Chandler was educated in the Brookline 
 public scliools and at Harvard College, gradu- 
 ating in the class of 1868. liis law studies 
 were pursued at home with his father, an aljle 
 counselor, and afterwards in the law offices of 
 A])bot & Jones and of liicliard H. Dana, jr., in 
 Boston. After three months' attendance at 
 the Dane (Harvard) Law School at Cambridge 
 in the fall term of 1S69, he was, on special ex- 
 
BIOGRA PHICA L.—MA SSA CHUSETTS. 
 
 277 
 
 amination, admitteMl to the Massachusetts bar 
 December 20, 18(i9. Duriii,^ the year 1870 lie 
 engaged in practice, liaving also the charge of 
 extensive real estate interests in Northei'n New 
 York and in Illinois and Missouri. JCarly in 
 1<S71 he entered the hn\' oflices of Porter, 
 Lowry & Soren, 78 Broadway, New York city, 
 and later that year made extended journeys 
 through the Southern ami Western States on 
 land matters. On January 1, 1S72, he opened 
 a law office in Boston, where he has since con- 
 tinued to practice his profession. He was ad- 
 mitted to the Supreme C'oiu't of the United 
 States on April 17, 1S77. 
 
 His preference has l)een for chamher pi-ac- 
 tice: hut on occasion he is heanl in the higlu'r 
 courts, before legislati\'e committees, and as a 
 citizen in town meetings. His attention is 
 given mainly to corporation law, })rivat(' and 
 nuniicipal, and to trust estates and laudiMJ 
 interests. He has ajijieared in a(hniralty, in 
 tariff, and in patent cases, ami has helped to per- 
 fect inventions and tn exjdoit jiatents for ])at- 
 entees. He was the petitioners' counsel in the 
 Ef)euezer Smith will case, in\'olving half a mill- 
 ion <lollars, in 1878-79, Ins closing argument 
 in the Probate Court occujiying over fi\e hours. 
 As a .solicitor for laud comjiaines he has c(in- 
 ducted several important suits which appear 
 in the Ma.ssacluisetts Keports. He was the 
 plaintiff's solicitor in the leading case of 
 Pierce vs. Drew, on the constitutionality of 
 the Massachusetts telegraph act. ('orporation 
 receivership questions in the f\'deral and State 
 courts have reijuii-ed mucli of his time. He 
 drafted the bill for the creation of national 
 savings Itanks, kimwu as Mr. Wdndom's bill, 
 which was offei'cd l)y Mr. \\'indom in tiie 
 United States Senate, March 1, 18S0. Mr. 
 Chandler's argument thereon at Washington, 
 May 4, 1880, before the Senate coimnittee on 
 finance, was printed at the committee's re(|ucst. 
 liis published arguments before counnittees of 
 the State Legislature on the nuuiici]ial anne,\a- 
 tion question, in Us.sO; on creating a tribunal 
 to decide that a public necessity for a railroad 
 exists before property can be taken for its con- 
 
 struction, in l.S,S2, resulting in Chapter 265 of 
 the Acts of 1882: on Nationalism and tlie 
 municipal control of pulilic lightiug in 1889; 
 and his article entitled, "Brookline, — a Study 
 in Town Covernment," — in the New England 
 Magazine for August, 1S9;!, ai'c all leading 
 contributions upon these subjects. 
 
 Mr. Chandler has been active in the discus- 
 sion and practical working of uunnci})al ad- 
 
 ALFRED I). CHANDLER. 
 
 ministi'atiou in Ijrookliue, Mass., whither his 
 parents removed wluai he was one year old. 
 He has also aided other New England towns. 
 The cfaistruction of the Kiverdale Park be- 
 tween I)i-ookliue and l>ostou is due mainly to 
 his contimuMl efforts in sui'mouidiug legal and 
 practical difticulties in tlie way. He has l)een 
 the proinotei' of or bad an influential hand in 
 directing, the lai'gest ])ublic improvements of 
 late years in Ih'ookline, and sei\'ed as chair- 
 man of the boards of selectmen, sur\'evors of 
 high\A'ays, health, and o\'erseers of the poor, 
 in Brookline, in 1.SS4, ISS.") and 1 SSi;, and as 
 a trustee of the ISrookline Public Librarv in 
 1874, US7.") and l.S7(). The amuuil Ih'ookline 
 Town Iie}iorts, the most co]n})lete of anv in 
 the country, now follow the model estal.)lished 
 
178 
 
 THE JUDICIARY AND THE BAR OF NEW ENGIAND. 
 
 Ity his iliveetion in 1<S8-'). He was one of tlie 
 earliest iiiiporters and [)roinoters in America of 
 the bicycle ; and througli his appeal, wustained 
 by the Treasury Department at Washington, 
 June 2s, 1,S77, bicycles were tii'st made subject 
 to the duty of and classed as carriages. His 
 book, "A Bicycle Tour in England and Wales," 
 published in Boston and London in 1881, is 
 mentioned in the select list of bil:iliogra[ihy 
 in Baedeker's "(Treat Ih'itain." He has been 
 a constant contributor to the press on a va- 
 I'iety of (juestions touching inunici})al and 
 national administration. In politics he is a 
 Bejiuljlican, ami has served as president of 
 the Brookline l{e[)ublican (.'luli. He is a 
 member of the American Bar Association, of 
 the Boston Bar Association, of tlie American 
 Economic Association, of the National Munici- 
 pal League, and of the k]xchange Clulj of I]os- 
 ton, of ^\•hich he was an active founder. 
 
 Mr. Chandler was married in Brookline, 
 Mass., Deceml)er 22, 1882, to Miss Mary ^h=>r- 
 rill Poor, ilaughtcr (jf Henry \'. and Mary A\'. 
 (Pierce) Poo)-. They have six children, five 
 sons and one dautrhter. 
 
 SAMl'EL LOTHItOP THOKXDIKE, Bos- 
 ton, son of Alljcil and -Joainia Batchelder 
 (J^ovett) Thorndike, was liorn in Beverly, 
 Mass., December 28, 1.S2;). He is descended 
 from an old Lincolnshire family, his first 
 xVmerican ancestor, .John "Jdiorndike, coming 
 to New England in l(i;!.'i and settling in Jk'V- 
 erly, then a part of Salem, in 163G. (Jf his 
 four great-grandfathers three wvvq acti\'e an<l 
 iniiuential in the Revolutionary wai' : Nicho- 
 las Thorndike, a ship master ami later a mer- 
 chant in Be\'erly, was a niemliei' of the com- 
 mittee on coast defense foi' Beverly and Salem ; 
 .Josiah Batchelder, his mother's maternal grand- 
 fatlier, was a member f)f the hrst Pj'ovincial 
 Congress that met at Lexington: and (Jol. 
 Joseph Pea, his father's maternal grandfather, 
 was in command of a I'cgimcnt in the New 
 Jersey campaign. Nicholas Thorndike, jr., 
 
 2-randfatlier of the subject of tliis article, com- 
 manded a local coast defense company in the 
 war of 1812, served several terms in the Gen- 
 eral CJourt, and, like his father, was a ship 
 master and afterward a merchant in Beverly. 
 Albert 'Phoi'ndike was a lifelong resident of 
 Beverly, holding the presidency of the Beverly 
 Bank and subsequently of the Eastern Railroad 
 Company and serving several terms in the 
 Massachusetts House of Representatives and 
 State Senate. 
 
 S. LOTIIROP THORNDIKE. 
 
 S. Lothrop Thorndike received his prepara- 
 tory education at the Be\'erly Academy and 
 Boston Latin School, and was graduated from 
 Harvard CVjllege in 1852. While at liarvard 
 he was president of the Hasty Pudding Club 
 and of the Institute of 1770, presiding officer 
 of the Porcellian Club, and a member of tlie 
 Phi Beta Kappa and the Alpha Delta Phi. 
 He was graduated from the Harvard Law 
 School with tlie degree of LL.B. in 1854 and 
 continued his legal studies ni Boston in the 
 othce of the late Sidney Bartlett, being ad- 
 mitted to the Suffolk bai' January 11, 1,S55. 
 In 18(J7 he was admitted to the bar of the 
 United States Supreme Court. Mr. Thorndike 
 has continuously jiracticcd his profession in 
 
BIOGRA PHICA L.—MA SSA CHUSETTS. 
 
 279 
 
 Bo.stou, acting at first as an assistant in the 
 ottice of Rufus Choate. lu 1861 he heeanu' 
 associated with William II. (iai-diner, \\ Inch 
 relation continnt'il until the hitter's death in 
 18<S'2. Since then lie has maintained an office 
 aloiie. His husiness for many years has heen 
 chietly in that de[>artment relating to trust 
 and probate \\\\\ and in the mauagement of 
 estates and corporations. He was register in 
 bankrui)tcy under the congressional act nf 
 lS(i7 until the law was repealed. 
 
 Mr. Thorndike's professional practice has 
 lieen largely of an office character, seldom tak- 
 ing him into court, yet he stands high as a law- 
 yer and counselor. For a time he was president 
 of tlie Portland, Saco and Portsmouth Railroad 
 and a director of the Atchison, Topi.'ka and 
 Santa Fe Railroad and of the railroads in Iowa 
 that \vere suhse(piently cons(.>lidatcd into the 
 Northwestern line. He is now a director of 
 the Lowell and (_'liicO}ier ^laiiufacUiring Com- 
 panies and of the Boston ami Ru.xhury Mill 
 Corporation, a trustee of the Perkins Institu- 
 tion for the IJliiid of ISostoii, a iiiemher and 
 formerly president of the Old Camhridge 
 .Shakspere Association, and a meinher ot the 
 Colonial .Society of :\Iassa(dinsetts and of the 
 Union, St. Botolph.Tayern and Fxaminer(_'luhs 
 of Boston. He has always heen actively inter- 
 ested in musical matters ami at various times 
 has heen presiding officer of the Harvard Mu- 
 sical Association, and of the Cecilia, and one 
 of the officers of the Handel and Hay. In Soci- 
 ety, the Boston Music Hall, and of the New 
 England Conscrvatoj-y of Music. His lii-st 
 yote was cast for the Whig candiilates, hut 
 since the organization of the party in FSoO he 
 has yoted regularly with the Republicans. 
 He is also connected \\ith various Masonic 
 
 bodies. 
 
 Mr. Thorndike was married NoN'ember 'l, 
 ISoi), to Anna Lamb Wells, daughler of Hon. 
 Daniel Wells, chief justice of the ohl Court of 
 Common Pleas from 1844 until his death in 
 1854. Their ilnldren are Albert, a gradu.ate 
 of Harvard in 1881 ; Sturgis Iloopi'r, who was 
 ■ rmduated from Harvard ( 'ollcge in 189(1; and 
 
 Mary Duncan, wife of (Jharles Henry Fiske, jr., 
 of Weston, Mass. 
 
 HFNRY .lACKSOX WFLLS, Boston, son 
 of (iide(>n I'ai'kcr Wells and Susannah 
 ^\'ellingt()ll, was bom in ( 'harlestown, Mass., 
 NoN'cmber Id, LS-j;!. He is the se\'enth in de- 
 scent h-om 'riiomas Wells (1), who \\-as born 
 in ( 'olchester, Esse.x county, kaigland, in KiOo, 
 came to this couiilry in the shij) Susan and 
 Ellen in Kioo, and settled in Ijiswich, Mass. 
 The line is as follows: CD Nathaniel Wells, of 
 Ipswich, liorn abmit Hi-'iO; {'■'>) Nathaniel 
 Wells, jr., l)Orn at Ipswich in 1609; (4) Na- 
 thaniel Wells, .'id, of Ipswich, born in 1()99; 
 
 
 
 
 
 
 
 
 
 
 g 
 
 
 ^ 
 
 ^ 
 
 Hi y 
 
 
 HENKV J. WELLS. 
 
 (.■)) .lohn Wells, born in 174.S at Ipswich: and 
 (tijCideon Parker Wells, born Se})teml.)er 11, 
 1780. The latter was one of the first lessees of 
 a stall in (^uincy Market, Roston. ( )ii his 
 mother's side -ludge Wells traces his lineage 
 as follows: (1) Ptoger Wellington, born in 
 lOnglaiid ill Kill), who settled in A\'at(a-town, 
 Mass.: (-!) .loseph Wellington, born in 164.'): 
 (;]) Thomas A\'elliugfon, born Xo\-embcr Id, 
 1(;86; (4) Thomas Wellington, jr., born in 
 
280 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 1714, wild reaivd twelve sous; (5) Thaddeus 
 Wellington, bf)m Apiil .■), 17o<s, who went as 
 a minuteman from ^\"atertown at the time of 
 the Lexington alarm ; and (6) Susannah Well- 
 ington, mother of the suljjeet of this article, 
 born October 11, ITS^. 
 
 Henry J. Wells was educated in the public 
 schools of Charlestown, and subsequently en- 
 gaged in mercantile pursuits in Boston and its 
 vicinity until 1848. In that year he went to 
 New Orleans and re-engaged in merchandis- 
 ing, but not satisfied witli this routine of life, 
 and being ambitious to 1 tetter his condition, 
 he returned north after a residence of se^'en 
 months in the (Jrescent (Jity, and in the au- 
 tumn of 1849 left IJoston by the way of the 
 Isthmus of Panama for California, whither the 
 great throng of gold-seekers was then rushing. 
 He reached San Francisco in December, hav- 
 ing as a fellow traveler Hon. Stei)hen .J. Field, 
 and thus became one of the pioneers of '49 and 
 a member of the pictures(|ue band of adventur- 
 ers whose experiences, at once rough and ex- 
 citing, have constituted an interesting chapter 
 in the history of this country. He crossed the 
 mountains of the Isthmus on foot, sailed by 
 steamer from the city of Panama, and soon 
 after reaching San Francisco was made clerk 
 of that old Spanish civil court called the Court 
 of First Instance. ( alifornia was then in a 
 territorial condition, and the trials and ex[)eri- 
 ence through \\diich Mr. Wells passed would 
 make a thrilling story. His passage jjy land 
 and water, his life among his fellow pioneers, 
 and his connection with the ancient system of 
 justice under the old Spanish regime were ro- 
 maidic as well as novel. In the autumn of 
 1849 the i)eople of (_'alifornia, having adopted 
 a constitution, elected a Legislature, wdiich 
 held its first session in the following winter 
 and passed the necessary laws providing for 
 the election of State and county otticers. In 
 April, 1850, such otticers were elected and 
 thus the new State was estaljlished. It was 
 Mr. Wells's good fortune, as one of the pio- 
 neers of '49, to assist in founding and organiz- 
 ing the new go\-ernment, especially in the line 
 
 of the judiciary. lie continued as assistant 
 clerk of the State District Court (now the Cali- 
 fornia Superior Court), which practically cor- 
 responded to the present Superior Court of 
 Massachusetts, until 1853, when, having 
 studied law during his clerkship, he resigned 
 and was admitted to the bar of the Su])reme 
 Court and Ijegan active practice in San Fran- 
 cisco as an attorney and counselor. 
 
 In 1853 Mr. Wells was one of the two citi- 
 zen members of the San Francisco Board of 
 Education. In 1855 and 1856 he was presi- 
 dent of the Board of Assistant Aldermen (Com- 
 mon Council), and by virtue of this office was 
 one of the Police Commissioners of the city. 
 hi the latter year lie becaine one of the origi- 
 nal inembers of the Republican party, of wliich 
 he has ever since been a strong and consistent 
 adherent. He continued in the active prac- 
 tice of his profession until I8(j3, wdien he was 
 elected judge of the .Second Township Justice's 
 Court of San Francisco, being the onl}' man 
 chosen that year on the Union (Republican) 
 ticket. He otficiated in this capacity for two 
 years from -lanuary 1, 1864, to December 31, 
 1865, when his term expired, and was regard- 
 ed as an able, learned, and equitalde jurist. 
 As a lawyer he gained an eminent reputation, 
 and on the bench he ^\•as noted for his sound 
 judgment and common sense. 
 
 The court over which he presided was very 
 similar to our eastern municipal courts, and 
 had jurisdiction in a wide range of civil and 
 criminal matters. Eveiy thing in those earlv 
 days in California was done with a rusli, and 
 the courts were constantly crowded with civil 
 cases. The various elements of which Cali- 
 fornia society was then composed were little 
 inclined to peace and order, and the judges 
 and otlier officers of the law were kept busy 
 looking after offenders. Judge W'ells per- 
 formed his duties with ability and satisfaction. 
 He was aeti\-ely interested in politics, and dur- 
 ing the trying times of President Lincoln's ad- 
 ministration held the position of chairman of 
 the Republican (.'ommittee of the city and 
 county of San Francisco. A man often had 
 
BIOGRAPHICAL.— MASSACHUSETTS. 
 
 281 
 
 to take his life in his hands in that iie^' coun- 
 try in order to maintain his prineii)les as a Re- 
 publican, yet Mr. Wells was nevci' found \\ant- 
 iiig in aetivity and courage. lie was useful 
 and influential in assisting to lay the founda- 
 tions of the State where for seventeen years he 
 made his home. 
 
 In addition to civil and judicial positions of 
 trust, and Ijesides attending to a large law 
 practice, he gave much of his time and energy 
 to the work of estahlishing organizations for 
 the improvement of tlu' moral and social con- 
 dition of society, ])eing one of the founders and 
 for one year president of the San Francisco 
 Young Men's ('hristian Association and one 
 of the early members and clerk of the First 
 Baptist church of that city. lie was also for 
 many \'ears a notary [>uljlic, then an inr]>ortant 
 and res})onsil>le positiim. In brief, he was one 
 of the leading men of that young city and 
 State. 
 
 Judge \\'ells returned to Massachusetts \\\ 
 l.H(i(i and took up his residence in Arlington, 
 where for ten years he was at-tively identitied 
 with town affairs, ser\'ing as a memlicr of the 
 Arlington School Committee, and as chairman 
 of the Republican Town Committee. lie gave 
 special attentinn to munici[ial matters and to 
 the introduction of an adeijuate water supply 
 into the town, and thus acijuire<l an ex})eri- 
 ence in the watei' interests of to\\'ns and cities 
 which afterwanl served him \\-ell in legislative 
 work. In April, lS(i7, he was a<lrnitted to 
 the bar of the United States Supreiije fJouit at 
 Washington and on May -'SO, isyi, tri tlie liar 
 of Suffolk county, and in the latter year re- 
 sumed the }iractice of his }irof('ssion in I>oston. 
 He rapidly built up a large and successful 
 civil business, general in scope and character, 
 and still continues it with his old-tnne vigor 
 and industry, altliough in point of age he is 
 one of the oldest memliers of the Suffolk bar. 
 Judge Wells made a business trip to California 
 in 1S69, and in 1877 removed his residence 
 from Arlington to Cambridge, where he still 
 resides, and where he has been active in pub- 
 lic affairs. In 1880, I88l and 1882 he repre- 
 
 sented the city of Cambridge in the lo\\-er 
 house of the Massachusetts Legislature, where 
 he served as a member of the committee on 
 jii'obate and chancery (of whicb he was chair- 
 man in IS.Sl and ls,s:>), and rules and orders, 
 and ill ISSI of tlu' special connnittee on the 
 revision of the general statutes. In 188.'! and 
 again in 1885 he represented Cambridge in 
 the Massachusetts Senate, serving as chairman 
 of the proltate and chancery coiinnitte(! and as 
 a member of the connnittee on rules both years, 
 and in 18S.'! of the committee on the liquor 
 law, and as a member (iss;]) and chairman 
 (LSS.-)) of the comiuittee on water sujiply. lie 
 drafted and secured the enactment of sevei'al 
 important bills in both bodies, was active in 
 debate and in sha])ing legislation, and came to 
 be a recognized authoi'ity on parliamentary 
 procedure. 
 
 Judge Wells was cliairman of the Republi- 
 can ( 'ity (Anmnittee of Camlnidge for several 
 years, a, memliei' of the State Republican Com- 
 mittee for eleven years, and for seven years its 
 treasurer. lie is a memlicr of the Massaclni- 
 setts Republican Club, of the Middlesex and 
 Cambridge Clulis, of the Society of California 
 Pioneers of San Francisco, of the Society of Cali- 
 fornia Pioneers of New Englaml, of wdiich he was 
 president in 1894 and 1895, and of the Train- 
 ing I'^ield School Association and its jiresident 
 in 1897 and 189,S. lie is also a, meml:)er of 
 the First Rajitist church on Connnon\\-ealth 
 avenue, Boston. In fSSS lie \\'as chosen a 
 presidential electoi', and became secretary of 
 the Electoral College in Massachusetts, and in 
 this capacity he cast his otficial vote for Benja- 
 min Harrison for president and Levi P.Mor- 
 ton for vice-president. 
 
 In No\'ember, 1856, Judge Wells, having 
 I'cturued from (Aiiifornia for the purpose, A\-as 
 marrit'd in Boston to i\Iaria jVdclaide, daugh- 
 ter of Lyman and Rebecca D. (P'lagg) (Jood- 
 now, and their children are Harrison (ioodnow 
 Wells, of Chicago: Sophia Adelaide (Mrs. 
 Frank J. Ci'oss), of (Jmaha; Mary Reliecca, 
 wife of p]dwin P. Stickney, M. I)., of Arling- 
 ton, Mass.; Henrietta Jackson, wife t)f jVrthur 
 
282 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 J. Livennoro, of the New York bai'; and Well- 
 ington ^^'ells, a lawyer and assi^itant clerk of 
 the Superior Court of Boston. 
 
 SAMUEL KING HAMILT(,)N, Wakefield 
 and Boston, is the youngest of six sons of 
 Benjamin Bicker Hamilton and Sarah Carle, 
 and a grandson of James Hamilton and John 
 Carle, Ijoth }iromincnt and respected fai'iners 
 of ^\'atel■bol'o, Me. Mr. Carle served in the 
 Kevolutionary war and Ijecame the first settler 
 of the little hamlet known as Waterljoro Cen- 
 ter, formerly Carle's Corner. Tlie Hamilton 
 family is of Scotch descent, the first emigrants 
 condng to America in the early part of the 
 seventeenth century and settling in Berwick, 
 
 SAMUEL K. HAMILTON. 
 
 Me., ahout ItiOC. Tlic ancestry of the fiiinily 
 is easily traced as far l>ack as tlic year A. 1). 
 900. It lias Ijeen one of the most distinguished 
 families of England and Scotland for centuries. 
 ]\Ir. Hamilton was liorn in Waterlioro, Me., 
 July 27, 18.')7, and s])ent his early life on his 
 father's farm. The rudimentai'v cilucation 
 \\'hicli lie olitained at a district school was 
 suiiplemented hy a singh_^ term at Linn'rick 
 
 Academy, six months' tuition under Hon. M. 
 D. L. Lane at Hollis, and a year at the Saco 
 High School, all in his native State. In Feb- 
 ruary, 1856, at the age of nineteen, he began 
 teaching a district scliool in \\^aterboro, and 
 in Septemljer of the same year he entered the 
 Chandler Scientific Department of Dartmouth 
 College, from which he was graduated in LSo9. 
 ^\'ith a view to tlie legal profession he entered 
 as a student, in 1859, the law office of Hon. 
 Ira T. Drew, of Alfred, Me., wdaere he remained 
 several years, still lairsuiiig at times the occu- 
 pation of a teacher in \Vakefield (then South 
 Reading), Mass., and in the Alfred Academy, 
 of whicli lie was princi})al, to enable him to 
 complete his preparatory legal studies. Lie 
 was admitted to the Maine liar at Alfred. York 
 county, in June, 1862, and at once formed a 
 copartnerslii]) with his instructor, Mr. Drew, 
 \\hich contiimed under the firm name of Drew 
 et Hamilton until 1807, when lie removed to 
 Biddeford, ^le. A\dnle living in Waterboro 
 he served two years as a memljer of the School 
 Committee, and as a citizen of Biddeford he 
 was a member of the Board of Aldermen in 
 1809 and ].s7n and a representative froin that 
 city to tlic Maine Legislature in 1872. \\\ 
 tliese capacities he cstablislied a reputation as 
 an a];le and sound deltater. In December, 
 1872, he left Biddeford and his native State 
 and moved to A\'akefield, Mass., where he has 
 ever since I'csided, having ofiices in that town 
 and in Boston. 
 
 Mr. Hamilton was admitted to the ]\Iiddle- 
 sex bar in December, 1872, and until 1878 was 
 associated with (/hcster W. Eaton. Since then 
 he lias managed alone a large and successful 
 business cliiefly confined to Boston. During 
 tlie past twcuty-fivc years his practice has been 
 stcailily increasing, and for some time he has 
 enjoyed an extensive clientage tliroughout 
 Miildlesex county as well as in the county of 
 Suffolk. Tlie most important cases in wdiich 
 lie lias lieen employed as counsel, with the ex- 
 ception of the A\'akefield water cases, in which 
 lie was engaged, have been criminal trials, in- 
 cluding a murder trial in ^Liine in 1866 an- 
 
B 10 GRA PHICA L . — MA SSA CH USE T TS. 
 
 283 
 
 other in Middlesex eounty in IMT"), a trial for 
 defrauding insurance eompanies, the trial of a 
 United States medical examiner in Boston, 
 and the defense of Sullivan, Nagle and Foly 
 for murder in 1895. Ilis ability as a lawyer 
 and advocate has gi\-en iiim a lnu,h standing 
 in the }irofession and an ^■nvial)le reputation 
 in the entire comnmnity. He has had a large 
 exjterienee in hoth ci\'il and criminal practice. 
 Soon after settling in ^\'akeHeld Mr. Hamil- 
 ton became prominent and active in tlie mu- 
 nicipal affairs of that town, and from l<S7(j to 
 188(3 ^^•as a meml.)er of the ^\'aketiel<l School 
 Committee. During nine years of this period 
 he was chairman of the Ijoard, and was instru- 
 mental in effecting a complete reorganization 
 of the school system. His interest in educa- 
 tion was a}>preeiated and recognized and was 
 so conspicuous tliat the town named for him, 
 Ijy a vote in to^^"n meeting in 188.'], a new 
 brick school house tlie ■■Hamilton School 
 Building." He was also chairman of the 
 Wakefield Boanl of Selectmen for four years, 
 chairman of the board of trustees of tlie ISeel^e 
 Town Lilirary for many years, and counsel 
 for the town (.)f A\"aketield ffir twenty years. 
 He had charge of the \\'aketield water cases 
 and also of the proceedings which resulted in 
 the town acquiring tlie plant of the Citizens' 
 (jas Light Company, \\'hicli \\'as the first 
 and leading case of the kind in the Common- 
 wealth. He was a delegate to the Democratic 
 National Convention of ISSO and lS9(i, the 
 Democratic can<lidate for member of cojigress 
 in the Seventli congressional district of Mass- 
 achusetts in 1x94. In 1S92 he was a candi- 
 date for ]iresiderd,ial elector in that district. 
 In 1893 he became })resident ()i' the Wake- 
 field Water Company, a position which he 
 still holds. He was one of the originators 
 of the Pine Tree State Club of ISo.ston, which 
 he served as treasurer dui^ing the first eleven 
 years of its existence, and is a mendjer of tlie 
 Bar Association of Boston, and also president 
 of the Bar Association of Middlesex county. 
 In evei^y cajiacity he lias exhibited the liighest 
 qualities of a progressive, pati'iotic and jmldic 
 
 spirited citizen, and is uni\H'rsaIly esteemed 
 and res[)ected. 
 
 Mr. Hamilton was married Feljruary 1.'', 
 18(57, to Miss Annie E. Daxds, daugld.er of 
 Joseph B. and Harriet N. Davis, of Newfield, 
 Maine. 
 
 TA)>IIvS MONROE OLMSTEAD, of Bo.s- 
 O ton, is the younger son of Eev. .lohn 
 Wesley Olmstead, D. D., and Mary Living- 
 ston, his wife, a grandson of .Joshua Olmstead, 
 and a direct descendent in the ninth genera- 
 tion of Richard Olmstead, who settled in Hart- 
 foi-d. Conn., in Ki.jli. His father, who was 
 l)0rn November l.'J, 1816, was an eminent Baj)- 
 tist clergyman and journalist, and for many 
 years editor of The Watchman, the leading 
 organ of tiiat denomination in New England; 
 he died August •'SI, 1891. (Jn his mother's 
 side Mr. ( )lmstead is descended from the fa- 
 mous Livingston family wdnch traces its an- 
 cestry in an un])roken line from James I, king 
 of Scotland, as is shown in the last edition of 
 "Americans of Royal Descent." His Amer- 
 ican ancestor, Robert Livingston, who came 
 from Edinburgli to New York in 1(J87, was 
 married at All)any in 1(j97, to Margai'etta, 
 eldest daughter of Col. Peter Schuyler, of whom 
 Governor Seymour said : " Peter Schuyler did 
 more than any other man in America to secure 
 the control of tlie continent to the English 
 over the I'^'ench"; Ins great-grandfather was 
 Col. James Livingston, of Schuyler^'ille, who 
 connnaniled at the Ijattle of Saratoga a regi- 
 ment througli whicli (ieneral Burgoyne's army 
 passed after the surrender; Richard Mpntgom- 
 ery Livingston, his grandfather, was an emi- 
 nent lawyer in Troy, N. Y., and his daughter 
 was Mary Livingston of Saratoga,. 
 
 .lames M. Olmstead was Ijorn in {'"ranung- 
 liam, Mass., Felti'uary (i, M^n'l, and soon after- 
 WAVil his part'uts moved to ISostfin, wdiich has 
 been his legal residence ever since. He was 
 graduated from the lioxbury Latin School in 
 l.S()9. The scholars of that institution f(irme(l 
 
284 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 themselves tlien, us jiow, into a military com- 
 pany, of which young Olinstead was chosen 
 captain, and in this capacity he led his com- 
 mand in the review that year before General 
 Grant, who had just begun his administration 
 as president of tlie Tnited States. Afr. (Jim- 
 stead was graduiited from Harvard College in 
 1873, with honors in the classics. While in 
 college he was jirominent in literary and other 
 
 JAMES M. OLMSTEAD. 
 
 societies, becoming oneof tlie presidents of tlie 
 Institute of 1770 and a member of the Delta 
 Kappa Epsilon in his sophomore year, one of 
 the treasurers of the Hasty Pudding Clul> and 
 a member of the A. D. Clu1_) in liis junior year. 
 After leaving Harvard lie spent two years in 
 (^ermany, studying Roman law at the Univer- 
 sity of Berlin and subsequently at the Univer- 
 sit}' of Heidelberg, from which he received the 
 degree of Juris Utriusque Doctor in 1.S75. 
 Koman law, as propounded in those universi- 
 ties, comprises both the civil and canonical 
 law, and liesides becoming proficient in this 
 study Mr. (Jlmstead also acquired a thorougli 
 knowledge of the (_!errnan language and litera- 
 ture, which have ever since had for him a 
 special interest. 
 
 Returning to Boston in 1875 he entered the 
 
 l^oston University Law School and in tlie 
 spring of 1876 the office of .Jewell, Field & 
 Shepard, then one of the leading law firms of 
 the city, being composed of the late Harvey 
 Jewell, LL.D., one of the judges of the Court 
 of Commissioners of Alabama Claims ; Hon. 
 AValbridge A. Field, late chief justice of the 
 Supreme Judicial Court of Massachusetts; and 
 Col. Edward C. Sliepard, a \'eteran of the Civil 
 war. Mr. Olmstead received the degree of 
 LL.B. from the law school in 1877 and was 
 admitted to the Suffolk bar on J^ecember 7, of 
 the same year. Later he was admitted to 
 practice in the United States Circuit Court 
 and on April 1, 1895, to tlje Ijar of the Su- 
 preme Court of the United States. In Decem- 
 ber, 1877, he began the active pi'actiee of his 
 profession in Boston, and shared an office in 
 18.S5 with Hon. Albert U Pillsbury. Jdiis 
 connection existed until August, 1897, since 
 wdiicli time he has practiced \-a\\ alone. His 
 liusiness has lieeri of a general civil character, 
 )(Ut in recent years has developed largely into 
 I'orporation and insolvency law, in Mdiich he 
 has achieved success. Among the many cases 
 with which he has Ijeeii connected are 
 Sclimaunz v. Goss, 132 Mass., 141 ; Batchel- 
 der V. Batchelder, 139 ?ilass., 1 : and Fogg v. 
 Millis, 138 Mass., 443. 
 
 ]ilr. Olinstead was married May 29, 1879, to 
 ?*Irs. Annie M. Batchelder. They have one 
 daughter, Gladys Livingston, born March 27, 
 1884. 
 
 Mr. Olmstead is an ardent Republican, and 
 has been more or less active in politics since 
 1885, when he Ijecame a member of the Ward 
 Eleven Re})ublican Committee. In U889 and 
 189ft he served as president of the Republican 
 City Committee of Boston, and altogether had 
 charge of four campaigns for his partv, in one 
 of which a Repuldican mayor was re-elected in 
 a Democratic stronghold. In 1891 and 1892 
 he represented Ward Eleven, or tlie Back Bay 
 district, in the House of Representatives of the 
 ^Massachusetts Legislature, serving the fir.st 
 year as chairman of the committee on election 
 laws and as a memljer of the committee on 
 
BIOGRAPHICAL— MASSACHUSETTS. 
 
 285 
 
 prolmte ;ui<l inyolvencv, and during his second 
 term aw ehainnan of the committee on mer- 
 cantile atFair.s. Prominent among his cul- 
 leagues in the House were Hon. William 1 ). 
 Hohier, J. Otis Wardwell, Hon. Samuel ^\^ Mc- 
 Call, Hon. Chai'les F. Sj)rague, Hon. I'l-edcrick 
 H. Clillett, Hon. William Iv Bairett (speaker), 
 Hon. George \ . L. Meyei\ and Hon. Ki-ancis 
 H. Appleton. Mr. Olmsteatl was prominent 
 in deljate, in cnuunittec work, and in all im- 
 portant movements, and made an exccdlent 
 record as a wise and ahlc legishitoi-. He lias 
 drafted and was inHuiaitial in secuiiiig the 
 passage iif iki less than four hills that aiv now 
 uiHin the statute hooks, x'v/..: An act I'cgulat- 
 ing the practice of attorneys in pi-ohate courts 
 and courts of insolvency, passed in l,Si)(): an 
 act relative to jui'y trials in eipiity and jtrobate 
 courts in lS9o; an act rela(i\-e to in'oceedings 
 against ins(d\-ent corjiorations in 1S97: and 
 an act relati\-e to the dissolution of attach- 
 ments hy the ap[>ointment of i'ecei\-ers in l.sjis. 
 He \\'as also instrumental in the inti'oduction 
 of the Australian Ijallot into tlie cauiais s\'stem 
 of Boston. (Jn .Inly "iii, ISKS, he was app<iint- 
 ed one of the two Itcferees for Snilblk couidv to 
 act under the new ISankruptcy Law. 
 
 Mr. ()lmstead's interest and zeal in the ad- 
 vancement of all pulilic mattei's of genuine 
 benefit to the comnuniity lia\-e ])een unHag- 
 ging. Progressive ajal patriotic, endowed 
 with remai-kal)l(.' energy and force of character, 
 he has won success and houoj' in e\'cry capac- 
 ity. He is a lawyt'r of recognized ahility, a 
 man of keen pei'ception and Iji'oad ieai'ning, 
 and a citizen who is highly I'espected and es- 
 teemed. During his C(dlcge days he hecame 
 deeply interesteil in outdooi' spoi'ts, and espe- 
 cially in I'owing, and was a member of a 
 class crew. Later he develo[)ed a fondness foi- 
 bicycling and still latei' for golf, and is now a 
 meml>er of the Puritan, Counti'y, and Cinon 
 Boat Clubs. 
 
 HOLLIS J;PSSELL IJAILLY, Boston, is 
 the son of Otis an<l Lucinda Alden 
 (Loring) ISailey, ami was born in the ancient 
 tiovernoi' Hi'adstreet hou.we in Andover, now- 
 North Andover, Mass., Febi'uaiT '24, l.sr)i>. 
 lb' is a memlx'r of one of the oldest families 
 in Xew England, being a liiu-al desc'cndant in 
 the eighth generation of .lames Bailey, wdio 
 was boi-n in l']nglaiid about 1()12, and who 
 came to Powdey, Mass., with his wife, Lvdia, 
 
 
 
 ^ 
 
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 i 
 
 
 
 
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 ^ 
 
 ^ 
 
 m 
 
 
 ^^Tj 
 
 ^^1 
 
 ■nil 
 
 1 
 
 1 
 
 n 
 
 1 
 
 ■ 
 
 IIOLLIS K. UAU.EV. 
 
 al)Out 1640. .hihn ISailey, son of .lames, 
 perished in the expe(lition against ( 'anada in 
 l(5!(t(, ami Sanmel Bailey, jr., of the fifth gen- 
 eration, was killed in tin' Ijattle of Bnnkei- Hill 
 in .lune, 1775. ()tis l>ailey, father of HoUis 
 P., was born Ajiril 14, isdi;, in Andovei-. Llis 
 wife, Lucinda Alden Loring, Ijoru in Luxbury, 
 Mass., August 5, 1X09, was descended in the 
 sex'cnth generation from ddiomas Loring, a 
 nati\'e of Axnnnster, 1 )evoirsliii-e, England, 
 wdio settled in Hingham, Mass., ajxmt 1(3.'!."). 
 She was also a descendant of Thomas ISailey 
 and of his grandson, .lolin ISailey, who came 
 to Scituate from \\\'ymouth as a tenant fai'mer 
 of ( 'ai)t.. .lohuA\Mlliams at Farm Neck in 1()7(), 
 and through her grandmother, Alithea Alden, 
 
286 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 was descended from John Alden of tlie May- 
 flower. 
 
 Hollis R. Bailey received his preparatory 
 education in tlie public schools of North An- 
 dover, at the Punchard High School in An- 
 dover, and at the Phillips Andover Academy, 
 where he had the Latin oration in the gradu- 
 ating exercises in 1 873. He then entered 
 Plarvard College, from which he was gradu- 
 ated A. B. in 1S77, and from whicli he re- 
 ceived the degree of A. il. in 1S79. His early 
 life was spent largely on the farm, where he not 
 onlv huilt up a strong constitution, l)Ut also 
 acquired those hal)its of thrift and frugality 
 which mark the successful man. As a farmer 
 he gained consideraljle ex[)erience in the man- 
 agement of a place devoted to raising hay, 
 milk and market [)roduce. While in college 
 he gave his leisure to the tutoring of private 
 students, and in 1878 and 1879, while study- 
 ing law, he lield the position of proctor at 
 Harvard. Pie graduated with membership in 
 tlie Phi Beta Ka})pa fraternity, and immedi- 
 ately entered the Harvard Law School, from 
 which he received tlie degree of LL.B. in 1878. 
 Pie also read law in Boston in the office of 
 Hj'de, Dickinson ct Plowe from August, 1879, 
 to ]\Iarch, 1880, when he Ijegan the active prac- 
 tice of his profession in that city, having been 
 admitted to the Suflblk Ijar in the preceding 
 month. He has been associated with Kichard 
 H. Dana since his a<lmission in 1880, and by 
 the exercise of those sterling traits of in<lustry 
 and fidelity which liave characterized his en- 
 tire life has gained a recognized position among 
 Boston's prominent lawyers. He has been 
 constantly and successfully engaged in general 
 practice, having many im})ortaiu, cases in all 
 the courts of Massachusetts, in the courts of 
 New Ilamiishire, Rhode Island and A'ermont, 
 and in the L'nited States Courts. 
 
 In PS80 Mr. Pailey acted as private secre- 
 tary to Plon. Horace Gray, then chief justice 
 of the Supreme .ludicial ( 'ourt of ilassachu- 
 setts, and in 1881 he assisted in pi-eparing the 
 Index to the Public Statutes of the Common- 
 wealth. He has fre(|uently contributed im- 
 
 portant articles to the Harvard Law Review. 
 In politics he is a Democrat ami in religion a 
 LTnitarian, being a member of the First Church 
 and Parish in Cambridge. He was electeil a 
 memljer of the Everett Atheneum in 1874, and 
 is a mem))er of the New England Free Trade 
 League, of the Bostonian Society, and of the 
 Colonial Club and the Library Hall Associa- 
 tion of Cambridge. In 1895 he was chosen 
 president of the Bailey-Bayley Family Asso- 
 ciation, which was formed in 1892 by the de- 
 scendants of the several founders of the name 
 in America, and after serving one year he was 
 elected its secretary, which position he still 
 holds. He removed from North Andover to 
 Boston in 1880 and thence to Cambridge in 
 1890 where he now resides. 
 
 Mr. Bailey was married Fejjruary 12, 1885, 
 to Mary Persis P>ell, daughter of the late Gov. 
 Charles IP Bell, of Exeter, N. H. They have 
 one daughter, Gladys Poring Bailey, Ijorn 
 July 11, 1887. 
 
 ALBERT E\'ERETT CLARY, is the son 
 of John and Siljyl (Heald) Clary, a 
 grandson of Daniel and Persis (Morse) Clary, 
 and a great-grandson of Daniel Clary, former- 
 ly McClary, a Scotch Presln'terian, whose 
 ancestors moved from Scotland to the north of 
 Ireland and thence came to New England, 
 settling in Lunenl:)urg, Mass. In 1751 this 
 Daniel Clary moved to New Ipswich, N. H., 
 where he died. He served as a soldier in the 
 Revolutionary war. His wife was a Taggart. 
 Daniel Clary, jr., a native of New Ipswich, 
 moved in 1797 to Jackson, Me., where he was 
 a ])ioneer settler, and M-liere he died. He had 
 a large farm and was a man widely respected 
 and esteemed. He married, in Dublin, N. H., 
 Persis Morse, a descendant of Samuel Morse, 
 one of the first settlers of Dedham. John 
 Clary, father of AUx'rt E., was Itorn in Jack- 
 son and settled in Troy, Me. He died in ( 'ali- 
 fornia in 1852. He \\-as a prominent man, 
 especially in the Methodist Episcopal church. 
 
BIOGRA PHICA L.—MA SSA CHUSE ITS. 
 
 2R7 
 
 His wife, Sihyl, was the daughter nf Sauuiel 
 Heald, of Troy, luit a nati\i' of Norridgcwock, 
 Me., wliose grandtatlier, Tiiiiotliy Ileald, 
 moved from New Ipswieli, N. II., to \\'iiislo\\', 
 J\Ie., in 1771. "JMie aneestor of this family was 
 .Joliii lieald, who came tVoui England and was 
 one of the twelve original settlers of (Jonuoi'd, 
 ilass., in IGo"). A nuiiilici' of his descendants 
 served with distinctioii in the Culonial and 
 Revolutionarv wars. Samuel Ilcald's iimthcr 
 
 gree of LL.IS. therefi'om in .luiie, 1<S75, heing 
 admitteil to the Sull'olk har in the same rjionth. 
 He eontimied his legal studies in Boston an- 
 other year and also attended special lectures 
 at the law school. In Api'il, 1«70, lie liegan 
 active practice in lioston in the office ^\'itll 
 George H. Smith and ( ieoige II. Piernele. In 
 1884 he also o[)eiieil an otlice in East Boston, 
 wlieiv he resides, and since then lie has prac- 
 ticed in hoth places. In the general practice 
 of the law Mr. Clary has hcen eminently suc- 
 cessful and in the many important cases \\'\i\\ 
 which he has ln'cn connected he has disi>layed 
 marked ahility and untiring industry. In 
 I"el.>j-uary, 1SS(;, he was appointt'd a special 
 justice of the li^ast Bo.ston District Court, 
 \\ liicli position he still holds. 
 
 Mr. Clary is a memher and past nohle grand 
 of Zenith Lodge, I. < ). 0. I'., and a memljer of 
 Mt. Tahor Lodge, E. cV: A. M., of St. -lolin's 
 Chapter, R. A. IM., of AVilliam I'arkman Com- 
 rnandery, K. T., and of the Jettries AVinter 
 Club, all of I^last ISoston. He was married on 
 the ]4tli of Ajiril, 1<S,S3, to Rosalia L. Dunn, 
 daughter of Alanson and Hannah (Townsend) 
 I)unn, of Saco, ]\Ie. 
 
 ali:ert E. i_LARV. 
 
 was Rebecca Willis (Ileywood) Ileald. who 
 descended from .John Ileywuod ot ('uncord. 
 Samuel Lieald was an ai-tive man in public 
 affairs and held with lidnor \-ai'ioir< important 
 offices. He married Mary Carle (if ILillis, Me. 
 Albert E. <lary was boiii in Trov, \\'aldo 
 county. Me., March Lj, ISlS. lie was edu- 
 cated in the public and high schools of his 
 native town and at Williraham (Mass.) Acad- 
 emv. He subsc(|ueidly taught schonl foi' sev- 
 eral years in 'J'roy and Di.xmont, Me., with 
 marked success. While in Troy he was chair- 
 man of the School Committee in 1.^7L 1«72, 
 and 187o, and town clerk for two years. 
 While engaged in teaching he took uj) the 
 study of law. In LS74 he eidered the Rnston 
 Universitv Law School and ivceived the de- 
 
 C HESTER ALLYN REED, Bo.stoii, is the 
 son of Hon. Chester Isham Reed, wliose 
 memoir appears in this wiirk, and Eli/.aliefh 
 Yonge Allyu. bis wife, and a grandson of Will- 
 iam and Elizabeth (Dennis) Reed, and was born 
 in Taunton, Bristol county, Mass., April •28.1S(>0. 
 In isiis he reninved with the family to Ded- 
 liani, where he received bis grammai' school 
 eilucation. On the death of his distinguished 
 father in Se[itember, 1.S7;1, tln' family moved 
 to Brookline, wliere he finished bis prepara- 
 torv studies, graduating fi'om the Bi'ookline 
 High School in 1877. He then entered Har- 
 vard College, from wbi(di he was graduated 
 with high honoi-s in the class of ISS], receiv- 
 ing second year honors in the classics, and 
 delivering an Englisli oration, entitled " I'^iture 
 of Catholicism," at commencement. After 
 
288 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 spending one yeav in tlie llar\'aril Law School 
 he entered tlie Boston ottiee ot Hon. Winslow 
 Warren, then a connnissioner of Alaljama 
 Claims and later collector of the I'oj-t of Boston, 
 wliere he ol)taincd consideraljle experience 
 in taking depositions in connection with those 
 claims. He was admitted to the SuH'olk bar 
 in June, 18^4, and at once settled in Taunton, 
 Mass., where he soon gained an honorable 
 standing as a lawyer, and wljere he was nom- 
 inated, in 188.J, a memlier of the Common 
 Council. 
 
 CHEbTKR A. KEKU. 
 
 Mr. Reed liad already decided to change liis 
 residence, and he thei-efore withdrew his name 
 for this ofhce from the ticket. In the spring 
 of 1886 he remox'ed to Xortli Attleljoro, Mass., 
 where lie was for two yeai's cliairjnan of the 
 original board of trustees of the North Attle- 
 boro Puljlic Library and for one year a mem- 
 ber of the Itepuljlican Lown fJommittee. \\\ 
 •January, 1891, he iiio\-eil Ins office to Loston 
 and his residence to Dedham, and in each of 
 these places he lias since maintained the rep- 
 utation he estaf)lished in d'aunton and North 
 Attleboro, devoting liimself to a large and 
 constantly increasing general ci\dl practice. 
 He lias had a number of imjioi-tant tort cases 
 
 against the ^^'est End Street Railway Company 
 of Boston and is counsel for the town of Ded- 
 ham. In the latter [ilace he has taken an 
 active interest in public affairs. He has al- 
 ways been independent in politics, and, though 
 originally a Republican, became a Democrat, 
 and on one occasion was nominated by that 
 party as representative to the Legislature from 
 Dedham. He was also for several years a 
 member and one year chairman of tlie Dedham 
 Democratic Town (.'ommittee, but resigned on 
 account of his sound money iirinciples and his 
 inability to endorse the radical Chicago plat- 
 form of 1896. He was moderator of the Ded- 
 ham town meeting of 1898, is master in 
 chancery for Norfolk county, and in Boston 
 has sat as auditor and master in a number of 
 leading cases. 
 
 Among his professional associates ^Ir. Reed 
 is reganled as a lawyer and advocate of un- 
 common ability, of broail and accurate learning 
 ami of sound judicial principles, and during 
 his career at the bar has displayed many of 
 liis father's great legal attaimnents. Outside 
 of the duties of his profession he lias indulged 
 himself to a consi<leraljle extent in literary 
 work, contriljuting numerous articles on current 
 topics to the press, a jiaper on " Compulsory 
 Arl)itration " to the Arena in 1894, and an 
 article on " Peaceable Boycotting" to the Pro- 
 ceedings of the American Academy of Political 
 and Social Science for l89-'3. He is a member 
 of the Royal Arcanum and of the Fisher Ames 
 Club of Dedham, and is unmarried. 
 
 CHARLES GERSHAM FALL, .son of (4er- 
 sliom Lord Fall and Rowena Powers 
 Moody, was born in Maiden, Mass., June 22, 
 l84o. Plis ancestors were among the earliest 
 settlers, and many were ardent patriots. One 
 of them was imprisoned l)y (Governor Andros 
 during "The Tyranny" for rebellious conduct 
 against the king ; another. Rev. Samuel ]\Ioody, 
 of York, Me., was the chaplain of the Louis- 
 Ijourg expedition : another, < ;eorge Fall, served 
 
BIO GRA PHfCA L—MA SSA CH USE T TS. 
 
 289 
 
 seven years as a iiiinuteman and soldier of the 
 Revolution. 
 
 Charles G. Fall received his preparatory ed- 
 ucation at liathawiiy's school in Medford and 
 at the Phillips Exeter Academy in New Hamp- 
 shire, and was graduated from Harvard Col- 
 lege in the class of 1S()S. Asa, student he de- 
 veloped a taste for pnl>Iic siieaking, and won 
 several medals at school and sevci-al })rizes at 
 college. He began the study of law in Boston 
 in the office of .Judge .William A. Richardson, 
 was admitted to the Suffolk l)ar in .July, f.siii), 
 and then went to St. Louis, wdiere he was aiJ- 
 mitteil to tlie Missouri ])a,r, and where he I'e- 
 mained in practice a year. Ri.durning to ^Jass- 
 achusetts in Isyo he opened an oflicc in Boston 
 and also entered the Harvard Law School, from 
 which he was graduated with the degree of 
 LL.B. in 1S71. 
 
 Since returning to Boston Mr. Lall has had 
 a large and lucrati\-e practice, and for many 
 years lie has occupit'il a. leading [ilace at the 
 Suffolk Jjar. Jle is a man of recognized al^ilify, 
 of broad and accurate knowledge, and of great 
 strength of character, and in discharging the 
 <luties of an extensive general law business has 
 won a high reputation. Soon after leaving 
 college he liecame at'tively interested in [lulilic 
 matters ami though never a candidate for po- 
 litical office he was, ne\'erthcless, in several 
 State and presidential campaigns an earnest 
 worker ami an effective speaker. He has al- 
 ways been a Repuldican. During his earlier 
 career at the bar he was also iiderested in phil- 
 anthropic measures, and actively and eHitdently 
 strove to ameliorate the condition of tlie insane 
 by improving tljeir liospitals and by legisla- 
 tion preventing their unju.st imprisonment. 
 He also endeavored to improve the condition 
 of the working classes liy advocating shorter 
 hours of labor, higlier wages, greater freedom 
 of contract, and better security for life and 
 limb. His efforts in this direction have been 
 effective, untiring and fruitful. Strikes and 
 lockouts have been the method of warfare used 
 ])y employees and employers for a (juarter of a 
 centurv, and to avoid them he drafted and ad- 
 
 vocated, at the reijuest of all tin' la])or organ- 
 izations in Massachusetts, the act creating in 
 l8.S(i the State Board of Arbitration and Con- 
 ciliation, whicli has since jiroved an effective 
 reme(ly in labor dis[>utes. 
 
 t\>i' many years Mr. I'^dl ad\'ocated, by pen 
 and \'oice, especially before legislative and 
 political committees, measures making the 
 lives of workingmcn, jiarticularly railroad em- 
 ployees, more secure. In 1<S.S;] he wrote, for 
 
 CH,\RLES I.;. FALL. 
 
 tlie Massachusetts Labor Jkireau, the report on 
 employers' liiibility for personal injury to their 
 ernployei's, wbicli contained an analysis of the 
 existing law, the objections to the legal rule 
 compelling workmen to assume the risks of 
 tlieii' employmeid, and a discussion of the rea- 
 sons for and against its change. He is the 
 author and father of the Ii;m[)loyers' Lial.)ility 
 Act of l.SST, being one of its chief instigators 
 and securing largely by his own etfbrts its 
 pa.ssage by the Legislature. Mr. Fall stands 
 pre-eminent as an (.iuts))oken advocate of the 
 rights of tlie laboring man, and his services 
 have lieeii all the more valuable because of the 
 fact that his arguments, while emphasizing the 
 duty of employer and employed, were al)ly and 
 effectivelv directed towards a. mutual recotiiii- 
 
290 
 
 THE JUDICIARY AND THE BAR OF NEW ENGIAND. 
 
 tion of tliowe rights and privileges to wliieli 
 each claws is entitled. He is the author of 
 "Fall on Employers' Liahility" and also of 
 two volumes of poems, viz.: "Dreams," puh- 
 lished in 1883, and "A A'illage Sketch," puh- 
 lished in 1886. The first is a valuable work 
 for the lawyer, and the latter have been favor- 
 ably received l)y the critics and by the public. 
 He is possessed of rare literary genius as well 
 as of the higliest legal qualifications, and in 
 the law, in literature, as an orator, and as a 
 public l)enefactor he has achieved eminence 
 and honor. As a lawyer and advocate he has 
 been engaged in various important suits for 
 damages and personal injuries against railroad 
 companies. He is a member of tlie Boston Bar 
 Association and of the Algonquin, Excliange, 
 of Colonial Wars and Sons of American Rev- 
 olution, and other social clubs, and resides in 
 Boston. In 1887 lie married Miss Emily B. 
 Fabian, and they have one son, Fabian Fall, 
 born in 1888. 
 
 HENRY HARRISON SPRACIUE, Bos- 
 ton, son of George and Nancy (Knight) 
 Sprague, was born in Athol, Worcester county, 
 Mass., August 1, 1841. Descended from sub- 
 stantial and respected English stock he traces 
 his paternal ancestrv back to Edward Sprague 
 of Upwey, near Weymouth, Dorset county, 
 England, whose ancient .stone fulling-mill, 
 erected probably at the l>eginning of the sev- 
 enteenth century, is still standing, a silent 
 memorial to one of U})\\'ey's old-time indus- 
 tries. William Sprague, youngest son of Ed- 
 ward and the founder of tins liranch of tlie 
 family in jVmerica, was one of the early plant- 
 ers of Massachusetts, arri\dng at Naumkeag, 
 now Salem, in l(j"2s, \\\\\\ ( lovernor Endicott 
 and two biotliers, Ralph and Richard Sprague, 
 the latter of wdiom became }»rominent in 
 C'harlestown affairs. William Sprague orig- 
 inally settled in Chailestown, \\dience he re- 
 moved in Dio'i, with his fatber-in-hu^", An- 
 tliony Eaiiies, to Hingham, as one of the first 
 settlers of tliat town. He was a leading man 
 
 in the Hingham settlement, becoming a select- 
 man in 1645 and a constable in 1661. Mr. 
 Fames was also active in tlie town's affairs, 
 serving as deputy, as town officer, and as the 
 first commander of the militia or " train band." 
 The subject of this article is also a descendant 
 of Richard ^\'arren, one of the immortal band 
 of Mayflower i)assengers, whose granddaugh- 
 ter, Elizabetli, daughter of Robert and Mary 
 
 HEXKY H. SPRAGUE. 
 
 (Warren) Bartlett, married Anthony Sprague, 
 William's eldest son. Her father, Robert Bart- 
 lett, came to Plymouth in 162.'3, three years 
 after the arrival of the ^Mayflower. 
 
 (jeorge Sprague, the father of Henry H., was 
 a son of -losliua Sprague, who removed from 
 Hingham to Petersham and married Lois 
 Stockwell, a daugliter of Ca})t. Eplu-aim and 
 Sarali Stockwell. Captain Stockwell led a 
 Worcester county company to the battle of 
 Bennington. Through Lois Stockwell, whose 
 mother was a (Irout, Mr. Sprague was likewise 
 descended from John (irout, who came to 
 Watertown soon after 162.S ami thence re- 
 moved to Sudbury. .Jolm Crout served in 
 1637 as a soldier in the Peijuoil war, had 
 charge of the military afi^iiirs of the town for 
 forty years, was selectman tliirtv vears, and in 
 
lUOGRAPHICA L.—MASSA CHUSE TTS. 
 
 291 
 
 1()7(] lie conimaiuleil tlie settlei's against tlie 
 attack of the Indians in KiTo-KwO. For the 
 hitter service, on the nomination of the house- 
 hohlers and sohliers of the town, lie was made 
 captain of the Sudlxirv Company, on Jainiary 
 '22, 1689, hy the ({overnor and ('(inneil. 
 
 Henry H. 8prague received his preparatory 
 edneation in the puldic and hii^h sehools of 
 Athol and at the t'hauncey Hall School in 
 Boston, and was gradnated from Har\-ard Col- 
 lege in 1864. Afterward he spent one year in 
 Champlain, X. Y., as a private tutor. In 1865 
 he entered the Harvard Law School and also 
 became a proctor of the college, and in the fall 
 of 1866 he became a student in the law ofhce 
 of the late Hemy W. Paine ami Uulx'rt D. 
 Smith in Boston. He was admitted to the 
 Suttblk bar February 25, 1.S68, and at once be- 
 gan the general [iractice of his profession in 
 Boston, where he has since come into promi- 
 nence as an al)le and industrious lawver. Mr. 
 Sprague very early de\'elnpeil an interest in 
 public affciirs, and without affecting his large 
 and constantly increasing law business has, 
 for many years, filled several important posi- 
 tions of trust and resjionsibility. He was a 
 member of the Boston Common Covnicil for 
 the nuniicipal years of 1S74, 1875 and 1876, 
 serving with great credit on tlie committees on 
 ordinances, claims, and revision of the city 
 charter, and also (hiring his second and third 
 terms as trustee of the Boston City Hospital on 
 the part of the <_'ity Council. In 1878 he was 
 elected one of the trustees at large of that hos- 
 pital, and continued to act as such until the 
 establishment of the board as a corporation in 
 1880, when he was ajipointed a trustee by the 
 mayor, in whom the power of a}H)ointment 
 was then vested. He has since 1880 held this 
 office by successive I'eaiiiiointments down to 
 the present time, in all a period of nearly 
 twejity-five years, and for eighteen years also 
 served the board of trustees as secretary. 
 
 In 1880 Mr. Sprague was elected to the 
 lower house of the Massachusetts Legislature, 
 and was twice re-elected, serving through the 
 sessions of 1881, 1882 and 188:3. He was a 
 
 member of the committees on the I'evision of 
 the statutes, on libraries, and on probate and 
 chancery in 1881 ; chairman of the committee 
 on bills in third reading and a member of the 
 judiciary connnittce in 1882; and a member 
 of the connrrittee on judiciary and bills in third 
 reading in 188;3. His service in the House 
 was marked by untiring fidelity, not only to 
 his constituents, but to the best interests of the 
 entire Commonwealth, and won for him the 
 reiiutation of an able, honest and conscientious 
 legislator. In 1884 he was a member of tlie 
 ]Munici}ial Keform Association, and as its sen- 
 ior counsel was largely instrumental in secur- 
 ing the jiassage by the Legislature of 1885 of 
 the im[iortant amendments to the Boston city 
 charter liy which the city's executive authority 
 was vested in the mayor. 
 
 Mr. Sprague was a member of the Massachu- 
 setts Senate in 188^<, 1889, 1890 and 1891, rep- 
 resenting the Fifth Suffolk district, and during 
 his first term served on the committees on 
 rules, on the judiciary, on cities, and on elec- 
 tion laws. As chairman of the last named 
 committee he drafted and introduced the new 
 ballot act, the passage of which accomplished 
 ballot reform. In 1889 he was chairman of 
 the committees on the judiciary, on election 
 laws, and on rules. He was elected president 
 of tlie Senate in 1890, and was re-elected to 
 that office in 1891, when the two political 
 parties as represented in that body were equal- 
 ly diviiled. Mr. Sprague made an excellent 
 presiding officer, displaying great parliament- 
 ary ability, and winning the resjiect and con- 
 fidence of botli opponents and friends for his 
 strict imjiartialitv and firm yet courteous rul- 
 ings. In this as in other capacities he demon- 
 strated his natural qualifications for leadership, 
 which was universally recognized and ad- 
 mired. 
 
 In 1892 Mr. Sprague was appointed by Gov- 
 ernor Russell as chairman of a commission to 
 revise the election laws of the Commonwealth 
 and the revision recommended by his commis- 
 sion was adopted l)y the Legislature of the fol- 
 lowing year. He was appointed Ijy Governor 
 
293 
 
 THE JUDICIARY AND THE BAR OE NEW ENGLAND. 
 
 Greenhalge, upon its ortjiaiiizatioii in 1895, a 
 member of the Metropolitan ^Vater Board, 
 which is charged witli the construction of tlie 
 worlvs for an additional water supply for the 
 city of Boston and the neighlioring cities and 
 towns, and is entrusted with the expenditure 
 of twenty-seven millions of dollars. He was 
 made chairman of the Ijoard, which position 
 he still holds. He was one of the promoters 
 of the Boston Civil Service Keform Associa- 
 tion, organized in 1880, which was one of the 
 first organizations effected in the country to 
 advocate that reform; and he was one of its 
 executive committee until 1889, and since then 
 has served as president of the association. Mr. 
 S])rague has been a prominent memljer of the 
 Board of (Jovernment of the Boston Young 
 Men's Christian Union since 18(37, when, with 
 a few others, he brought altouta return of tins 
 in.stitution to new and active operations; and 
 he served as its secretary from 1867 to 1879 
 and since then lias been the vice-president. He 
 has been a trustee of the Boston Lying-in Hos- 
 pital since 1879 and of late years has ser\'ed it 
 also as vice-president. Pie was for many years 
 a manager of the Temporary Home for the 
 Destitute, or Gwynne Home, and was one of 
 the "Committee of Fifty" on the I^oston Mu- 
 seum of Fine Arts. He has been secretary of 
 the Massachusetts Charitable Fire Society since 
 1883, and is a member of the New England 
 Historic Genealogical Society, of the Boston ian 
 Society, of the Harvard Law School Associa- 
 tion, and of the Union and Unitarian Clubs. 
 He is a foundation mem).)er of the Tavern Club, 
 and was one of the first ti'ustees to hold its real 
 estate, is a memljcr of tlu' St. Botol})h (Jlub, 
 which he served four ycai's as treasurer, and 
 has been a memlier of tlie J5oston Bar Associa- 
 tion since its estaljlishment in 187(). Lie is 
 also one of the trustees appoiided to hold the 
 buildings of the ^^"oman's Ivlucational and In- 
 dustrial Union on Boylston sti'cct, Boston, ami 
 is treasurer of the l^oard, was a memi)er of the 
 Board of Overseers of Harvard ('ollege ii'om 
 1890 to 189(;, and for some time was a mem- 
 ber of the general committee f)f the Citizens' 
 
 Associatioji of Boston. In 1 884 he published 
 a treatise entitled "Women binder the Law of 
 Massachusetts, their Rights, Privileges, and 
 Disabilities," and in 1890 another treatise on 
 "City Govei'nment in Boston, its Rise and 
 Development," and he compiled for its one 
 hundredth anniversary "A Brief History of the 
 Massachusetts Cliaritaljle Fire Society." Mr. 
 Sprague was married in 1897 to Charlotte 
 Sprague Ward, a daughter of the late George 
 Lee Ward, of Boston. He resides in Boston, 
 and in the practice of the law as well as in the 
 various capacities in which he has served he 
 has not only distinguished himself and won 
 the higliest honors, but he has worthily and 
 honorably presented the sterling characteristics 
 of tliose wdio have so long jjorne the family 
 name in New England. 
 
 ELI.JAH GEORGE, Boston, register of pro- 
 bate and insolvency for the countv of 
 Suftblk since 1877, is the son of William E. 
 and Elizabeth (De A'^eau) George, and was 
 born in New Rochelle, N. Y., September 6, 
 1850. His father was a native of England, 
 and was lost at sea in 1857. Mr. George is a 
 direct descendant of Frederick De A^eaux, Ijorn 
 in the province of Annis, near Rochelle, in 
 France, a French Huguenot, who in the year 
 1718 settled in New Rochelle, where he be- 
 came a large landowner. His great-grandson, 
 Aljel Deveau, the grandfather of Mrs. Elizabeth 
 George, was a Whig of the Revolution, and as 
 a member of the militia made a gallant defense 
 in 1776 against the British army under Gen- 
 eral Howe on their march from Pclliam Neck 
 towards East Cliester. 
 
 Elijah George was educated in the puldic 
 scliools of New York city, graduating from 
 Grammar School No. 11 in the vcrv height of 
 the war excitement. In eonnnon with his 
 friends and classmates his i)atriotism found 
 vent in several attempts to enlist in the Union 
 cause, but being under age he was compelled 
 to aliandon an ardent desire for service at the 
 
BIOGRAPHICAL.— MASSA CHUSE TTS. 
 
 2 93 
 
 front and .seek employment in a husines.s capac- 
 ity. His expeetation.s of i)ursniiiii' a course at 
 the University of New York \\ ere also a1)an- 
 doned for the purpo.sc of Htting liimself for tlie 
 law, the study of wliicli ln' lu'i^an in 18(i4 in 
 the ottice of Charles II. Roosevelt, of Xe\v 
 Rochelle. Al)0ut a year later he entered a 
 banker's and broker's ottice in Wall street, in 
 New York, where he remained three years, 
 when ill health ol^ligeil him to seek recupera- 
 
 ELIJAH GEORGE. 
 
 tion in A'ermont. He ]i\'ed there a year and 
 in New llochelle another year, and in 1870 
 came to Boston, \\diei-e he continued his legal 
 stuilies in the office of Uriel H. and (leorge 
 G. Crocker. He also attemli'd lectures at 
 the Boston University Sciioul of Law, gra<l- 
 uating in the hrst class f)'(jui that institution, 
 with the degree of I^L.B. in Isy;;, and was ad- 
 initted to the Suttolk ])ai' Ndvcmlx-r l^is, ls74. 
 In 1889 he was admitted to the bar of the 
 United States Su[ireme Court. 
 
 Mr. fieorge practiced his profession in tlie 
 Messrs. Crockers' office, making a sjiecialty of 
 eon\'eyancing, until Deceudirr, Ls?-"), when he 
 was appointed assistant register of pi'obate and 
 insolvency for the county of Suffolk by Judge 
 Isaac Ames. iVfter the death of Ilegister B. H. 
 
 Guiney he was appointed, Api-il 3, 1877, Ijy 
 Go\'ei'nor Rice, as register of probate and in- 
 solvency, whicli offic-e he has since held by 
 successive re-electiojis. Plis long service in 
 this capacity has been marked by unusual effi- 
 ciency, fi<lelity, and indu.stry, and also by the 
 liublication of three volumes of Index to Prf> 
 liate Records of Suifolk County, covering the 
 years from l(i;3(j to 1894, which he compiled 
 and printed. This work is, as far as known, 
 the only one of the kind in the world, and has 
 been in great demand hy libraries, historians, 
 and genealogists throughout the country. It 
 is one of tlie most valuable aids to genealogical 
 research ever puldished in Boston or Suffolk 
 county. 
 
 For more than seventeen vears Mr. Georae 
 was actively and prominently connected with 
 the Massachu.setts militia, enlfsting as a pri- 
 vate and retiring with the rank of major. He 
 liecame a mend^er of the First Corps of Cadets 
 on the .'id of February, 1880, and on .luly 13, 
 1881, was ai)pointed judge advocate of the 
 First I5rigade with rank of captain, which po- 
 sition he resigned February 23, 1882. He was 
 made judge advocate of the Second Brigade 
 with rank of captain August 12, 18.S2, and 
 major and assistant inspector-general of rifle 
 practice. Second Brigade, .June 7, 1894, and 
 retired from the service July 24, 1897, with 
 rank of major. He is a member of tlie Bar 
 Association of the city of Bo.ston, of the Uni- 
 versity, Union, Athletic, Curtis, Ajjstract, and 
 Roxlniry Clubs, of the Mas.saebusetts Yacht 
 Clulj,i)f the I>eacon Society and of the Boston ian 
 Society. 
 
 Mr. Geoi'ge was married at ^\'asllington, D. 
 C, June 2"), l.S7(i, to Susan A'irginia, daugh- 
 ter of ('liarles and Annie II. (A\'illiams) Jlow- 
 anl, of Baltimore, Mil., and tlu'y bavt' three 
 sons: ]']lijali Howard, William Leigh and 
 Ernest. 
 
 HARRISON ALLEN RLYMPTON, Bos- 
 ton, s])ccial justice of the Noi-thern Dis- 
 trict C'ourt of Xorfolk countv, is the eldest son 
 
2U 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 of Noah A. and llelon jM. (Flint) Plynipton, 
 and was Ijorn in ^\'ol^■eyter, AFass., on the 7th 
 of March, 1JS71. He was educated in the pub- 
 lic schools of his native city and at the New- 
 ton (Mass.) High School, from which he was 
 graduated in 18X9. He studied law at the 
 Harvard Law School, graduating therefrom 
 with the degree of IjL.B. in 1892, and con- 
 tinued his legal })reparation in Boston in the 
 
 HARRISON A, I'LYMPTON. 
 
 office of Melvin (_). Adams, lieing admitted to 
 the Massachusetts bar in December, 1894. 
 
 Mr. Plympton began the active practice of 
 his profession in Lowell, Mass., in association 
 with Gov. Frederic T. ({reenhalge, with wliom 
 he continued until the hitter's death in March, 
 1896, when he removed liis office to Boston. 
 In May, 1897, he was api)ointed a trial justice 
 by Governor Wolcott and in the following 
 year he received the ap})ointment as one of 
 the justices of the Northern District Court of 
 Norfolk county, wliicli })Ositiou he still holds. 
 As a lawyer and advocate Mr. Plympton, by 
 the exercise of marked aliility, untiring indus- 
 try, and broad legal knowledge has achieved 
 an honorable and a leading position among 
 his younger associates of the Boston bar. On 
 the bench he lias displayed good judgment 
 
 and excellent judicial qualities, which have 
 already (hstinguished him in the very begin- 
 ning of his professional career. 
 
 He was married June 29, 1898, to Lucy E., 
 daughter of Franklin Newton, of Worcester, 
 and they reside at Wellesley Hills, Mass. 
 
 GEORGE DAAHD AYERS, Boston, is de- 
 scended on both sides from early colo- 
 nial stock. He is tlie .son of David and 
 Martha Elizabeth (Huckins) Avers, and a 
 grandson of David Ayers, sr., a farmer of Need- 
 ham, Mass., and of Ivory Lord Huckins, a 
 prominent shoe manufacturer in New Hamp- 
 shire. His father, who is still living, was for 
 many years engaged in the West India trade 
 in Boston as senior member of the firm of 
 Ayers &, Eaton, retiring in 1873. 
 
 Mr. Ayers was born in Boston on the 26th 
 of August, 1857, and when eighteen months 
 old was taken by his parents to Maiden, Jlass., 
 where he has ever since resided. He attended 
 the Maiden public and high schools, graduat- 
 ing in 1874, and after a year spent in desultory 
 reading and study entered Harvard College, 
 where he gave special attention to philosophy 
 and political economy, and from which he was 
 graduated in 1879, with membership in the 
 Philosophical Club and other organizations. 
 Among his classmates were Samuel C. Bennett, 
 dean of tlie Boston University Law School; 
 Waldron Bates and William B. de las Casas, 
 of the Boston bar; and John M. B. Churchill, 
 (!harles Stedman Hanks, Prescott Keyes, Will- 
 iam B. Lawrence, Thomas Russell, and Will- 
 iam Schofield, also lawyers of Boston. On 
 leaving college Air. Ayers entered the Har- 
 vard Law School, where he remained three 
 years, graduating with the degree of LL.B. in 
 1882. He continued his legal studies in Bos- 
 ton in the office of the late Gov. William Gas- 
 ton and the late Charles L. Ix Whitnev, then 
 partners and leading lawyers, and was ad- 
 mitted to the Suffolk l)ar in February, 1883. 
 ( )n March 1 of that year he began active prac- 
 
BIOGRA PHICAL.—MA SSA CHUSE TTS. 
 
 395 
 
 tice alone in Boston, and in 1885 formed a co- 
 partnership with George Clarendon Hodges 
 under the firm name of Avers & Hodges, 
 which soon became Ayers, Hodges & Day by 
 the admission of Stanton Day. Aliout 1889 
 the tirm lieeame Ayers it Hodges, and so con- 
 tinued until 1891, after \-\diich Mr. xVyers prac- 
 ticed alone and later in association with .John 
 Storer Cobb till 1895. Since then he has been 
 alone. 
 
 As a lawyer Mr. Ayers has gained an hon- 
 orable reputation at the bar, and in general 
 otfice Y)ractice has displayed marked ability, 
 sound judgment, and sagacity. While he has 
 devoted himself to the duties of his profession 
 with constant success, yet it is in the broad field 
 of Theosophy that he is best known and most 
 widely appreciated. He l^ecame actively in- 
 terested inthcTheosophical Movement in 1885, 
 when he joined the Maiden Theosophical So- 
 ciety as a charter member. That society was 
 the seventh one organized in the United States 
 and fourth in order of continued existence, and 
 Mr. Ayers has served it as president most of 
 the time since April, 1890, holding the otfice 
 at the present time, that society being now 
 known as Universal Brotherhood Lodge No. 
 114. He has also been president of the New 
 England Theosophical Corporation since No- 
 vember, 1893. This was an outgrowth of 
 the theosophical societies in and about Bos- 
 ton, j\Ir. Ayers at the time of its organization 
 being president of the Boston society, which 
 ofiice he held from Octoljer, 1891, to .January, 
 1894, when he declined re-election in order 
 to carry out the better i)lans ansing out of the 
 formation of the Ne\\- England Theosophical 
 Corporation. In the latter part of the year 
 1893 the New England Theo.sophical Corpora- 
 tion acquired and occupied the property at 24 
 Mount A'ernon street, Boston, from which has 
 resulted the successful spread of the principles 
 of the philosophy and the Universal Brother- 
 hood idea and the placing of the movement 
 upon a suJjstantial basis throughout tlie States 
 of Massachusetts, Maine, New Hami)shire, \'er- 
 mont, Rhode Island, and Connecticut. He 
 
 was also Secretary and Executive officer of the 
 New England (Committee for Theosophical 
 Work from its inception until Feljruary 18, 
 189(S, when it was merged witli other bodies into 
 the Universal Brotherhood (Organization. His 
 lectures on Theosophy in New England and 
 New York, his numerous contriljutions on this 
 subject to magazines and newspapers, and his 
 untiring ettbrts in theosopJiical att'airs have won 
 for him not only tlie position of a worker, l.iut 
 a reputation which is almost national in its 
 scope. 
 
 GEORGE D. AYERS. 
 
 In the law Mr. Ayers's practice developed 
 largely in the line of real estate matters. 
 About 1891, having lost his alistract books in 
 the fire that destroyed the old Sears buildhig, 
 he became Resident Attorney and Agent for the 
 Lawyers' Surety Company of New York, and 
 a year later resigned. Since then he has con- 
 ducted a general law practice, which neces- 
 sarily includes much tliat relates directly or 
 indirectly to theoso[)hical afiiurs. He was a 
 member of the Executive Conunittee of the 
 Young :\Ien's Democratic Clulj of J^Iassachu- 
 setts in 1888 and 1889. His politics may be 
 defined as Indepemlent. He is an ardent sup- 
 porter of the principles laid down by the Na- 
 
296 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 tionalist party, and in ls89 and 1890 was 
 president of the first Nationalist Club of Bos- 
 ton, of which he was an early member. He 
 has written numerous papers on politics, eco- 
 nomics, etc., and was active as a speaker in 
 the Cleveland campaigns of 1x84 and 1888. 
 He is a member of the Harvard Law Scliool 
 Association, of Converse Lodge, F. & A. ]\L, of 
 Maiden, of the Maiden Historical Society, of 
 the Ames-Gray Law Clul> of Harvard, of the 
 Abstract Club of Boston, and of the New Eng- 
 land Historic Genealogical Society. In the 
 threefold capacity of lawyer, theosophical lect- 
 urer, and puldic spirited citizen lie has 
 achieved a wide reputation and an honorable 
 standing, while in the fiehl of Theosophy 
 he stands among the earnest workers in the 
 country. Lie has repeatedly declined political 
 preferment, Ijut for many years took an active 
 interest in public attairs, especially in ]\fal<leii, 
 where he resides. Latterly his other interests 
 have drawn him away from activity in politics. 
 Mr. Avers was married Januar)' 7, LS.s.l, to 
 Charlotte Elizabeth, daughter of Lev. .James 
 Dixon Carder, I). D., and Charlotte J'ond, of 
 Milford, Conn. Slie died in Januarv, LsiMl, 
 leaving one son, David Ayers. Dr. t'ardcr 
 was, at the time of Ids death, Secretary of the 
 American Board of Foreign Missions of the 
 Episcopal church. 
 
 GE01;(.;E AKTHUR I'EI;KINS, Cam- 
 Ijridge, son of Levi and Elizabeth 
 (Sands) Perkins, was l)0rn in Cambridge, Alass., 
 September 4, 1856, and still resides there in the 
 old family homestead. His })arents were lioth 
 natives of Maine and descendants of colonial 
 families, several of whose memljcrs served with 
 distinction in the French and Indian wars and 
 in the wai- of the Revolution. His father, 
 Levi, a carpenter and builder, and his grand- 
 father, .James Tliaxter Perkins, were l)orn in 
 Limerick, Me., whither ins great-grandfather, 
 .Joseph Perkins, a Revolutionary soldier, j'e- 
 moveil from New Hampshire, and whence his 
 jiarents came to Candjridge. 
 
 Mr. Perkins was educated in the puldic 
 schools of Camln-idge, and after graduating 
 from the higli school in 1874 entered the Bo.s- 
 ton Fniversity School of I^aw, from which he 
 was graduated with the degree of LL.B. in 
 May, 187G. He was admitted to the liar in 
 November, 1878, and to the bar of the United 
 States Circuit Court in April, 1882, and was 
 associated in practice with Hon. Charles J. 
 Mclntire, judge of the Proljate Court for Mid- 
 dlesex county, from 1878 to 189:3. Since 
 that time he has practiced alone, his ofhce be- 
 ing at 15 Court Square, Boston. Mr. Perkins 
 rajiidly acquired a recognized standing in the 
 pi'ofcssion. He developed unusual legal abil- 
 ity, an<l in the numerous large and imjiortant 
 cases which came undei' his charge <lisplayed 
 
 GEORGE A. PERKINS. 
 
 a liroad knowledge of the law as well as sound 
 judgment and great sagacity. For many 
 yeai-s he has had an extensive business in both 
 the :\lassacliusetts and Fnited States Courts. 
 
 About ls,s5 Mr. Perkins, havnig been an 
 enthusiastic bicycli.st, became an active mem- 
 ber of the League of American Wheehnen, and 
 snice then he has niterested himself in the 
 sulject of highway improvement, achieving 
 in this connection a ludional rei)utation. lie 
 
BIOGRA PHICA L—MA SSA CHUSETTS. 297 
 
 was a meinlier of the lower liouse of the Ahiss- and since ].s;)3 has heen alone. He has heen 
 aehusetts Legislature from Caniliridge in 1S,S(], for several years ehairnian of the Democratic 
 1887, and 18,S9, and served as a nu^niljer and ('itv Conniiittee. In 189« he was the Demo- 
 clerk of the committees on the judiciary and eratic candidate for Congress in the ICighth 
 prolmte and insolvency and as a meniher of (Middlesex) disti'ict, which is sti'onglv liepul)- 
 the committee on engrossed hills. In 1887 he lican, ami was defeated liy Hon. Samuel W. 
 introduced in the Legislature the first hill McCall. He is a life meml)er of the National 
 which provided for the improvement of the Assemhly of the I^. A. W. and a memherofthe 
 puhlic highways in the ('onnnonwealth. Later Ancient and Honoralile Ailillery Company of 
 he originated and ilrafted the hill creating the Boston; of Mount Olivet Lodge, F. it A. M., 
 Mas.^achasetts Highway Commission, and after and of Camhridge Chapter, IC A. (_'., of Cam- 
 hard and persistent labor secured its enactment hridge; of Loston Commandery, K. T., of 
 on the statutes. He was three years chief Brjston; of Boston Council, Koyal and .Select 
 consul of the Massachu.setts Division L. A. W. Masters; of Camhildge Jjodge, l.'i, I. O. (J. F., 
 and for two years vice-president of the national of Camhridge. 
 bodv, and in Is;);! he resigned Ijoth offices, as 
 
 well as many other positions of nnnor impor- 
 
 tance, to acce})t the chairmanship of the newdy 
 
 organize.l highway connnission, which he held T TIBAM PFTXAM H AIJRJMAN, P.oston 
 for three \-ears. In this ca}iacity he laid the L X. and W'ellfleet, judge of the Court of 
 foundation upon \\liich tliat cfjmmission has l'rol.>ate and Insoh'eney of Barnstable county, 
 continued to carry on tlu' work of impro\'ing was the youngest son of Samuel and Sally A. 
 the roads of tlie ( 'onnnonwealth. He is virtu- (Ililliard) Harriman, and was born in (irove- 
 ally the "father" of the Ijill creating the com- land, Mass., Feljruary (J, I84(i. His great- 
 mission in 189.'i and of the connnission itself, grandfather, Moses Harriman, of Bradford 
 and has prol;)ably done more than arjy other (now (!ro\'tdand), was a lieutenant in the 
 one man to further the cause of im})ro\'ed Revolutionary war, and his grandfather, also 
 hiuhwavs in New England. In 1.S9:^ he was named Moses, was a respected farmer in 
 chairman of a (■(unrnittee to iiKjuire into the (ieorgeto«'n. His fathei-, a prominent iarmer 
 hii,diwavs (if Massachusetts and made a repoi't in the adjoining town of (iroN'eland, died in 
 which resulted in the creation of the eonnid.s- 1.S9.'3, at the age of eighty-seven, 
 sion. In 1 S9.j (iovernor (ireenhalge aiipointed .Judge Hari-iman attended the pul die schools 
 him the dcdemite from Massachusetts to the of his birthplace ami Phillips Academy at 
 National Road Parliament at Atlanta, Ca., Exete:-, N. IP, and in lst;9 was graduate<l 
 and he is now (lsl»S) a \-ice-iii'esident of that from Dartmoutli College after the usual four 
 organization, and he has al.-io a}i}icarcd befoix' years' course. He then entered the Albany 
 the Legislatures of New York, Peiuisylvaiiia, Law School, from which he \\-as graduated 
 Marvlanil, Virginia, and other States in the with the degree of LL.B. in lS7(t, being ad- 
 intere.sts of the good roails movement. With mitteij to the New York bar the same year, 
 voice and pen, in public speeches and through He also studied with .feremiah P. Jones, of 
 the medium of the ]iress, he has for many Ha\'ei'hill, Mass., was adnntted to the Essex 
 vears fieen a leading factor in this agitation, county bai' in .lune, 1S7(), and in the following 
 and by persistent effort and unfailing coui'age autumn Ijegan active practice in WellHeet, 
 has steadily carried the issue forward to sue- Jjarnstable county, in the same State, where 
 
 he has e\'er since resided. He soon gained a 
 
 Meanwhile :\Ir. Perkins has conducted a high standing at the Bai-nstable bar, and foi' 
 
 large and .successful law practice in Boston, many years has lieen one of its recogni/A'd lead- 
 
 cess 
 
298 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 erw. In Juno, l.S,S2, lie was appointed judge 
 of the Court of I'rol.)ate and Insolvency for 
 that county, hy John D. Long, then governor 
 of Massachusetts, wliich office he has since 
 tilled with great credit and satisfliction. Dur- 
 ing the illness of Judge McKini in 1892 lie 
 also i)resided over the Prohate and Insolvency 
 Court of iSutl'olk county for eight months, and 
 in 1894, owing to the illness of Judge Brooks, 
 
 HIRAM I'. HARRIMAN. 
 
 he was called upon to discharge the duties of 
 probate for the county of Middlesex, and he 
 continued in this ca})acity until Judge Brooks's 
 death and the appointment of liis successor. 
 Since tlie fall of 1894 lie has also acted as judge 
 of })robate and insolvency for Norfolk county. 
 As a lawyer Judge Hai-riman huilt up a large 
 genei'al practice whicli extended throughout 
 Barnstahle county and into adjacent towns. 
 Mis industry and ahility, his sound judgment, 
 his tine legal qualities, and his manly charac- 
 ter gave him a wide ]-eputation, whicli has 
 been materially augmented hy his long and 
 archious service on tlie proljate bench. The 
 volume of work lie has performed, t'specially 
 during the last lour years, is astonishing. Be- 
 sides attending to the probate and insohency 
 matters for the counties of Barnstable and Nor- 
 
 folk he has continued a successful law practice, 
 openhig also, in 1894, an office in Boston, 
 where he has had as a partner Frederick J. 
 Daggett since 1895. In the dej^artment of 
 insolvency and prol)a,te law he lias had a wide 
 experience, and is generally recognized as an 
 authority. And in this connection he is often 
 retained as senior counsel. He was associated 
 with Ceorge 0. Shattuck as counsel for the 
 plaintiff in tlie celebrated ca.se of Chester Snow 
 vs. .John B. Alley, 144, 151, and 156 Ma.ss. 
 Reports, in which Ambrose A. Kanney, Judge 
 John W. Hammond, Col. Eol>ert G. Inger.soll, 
 Judge James M. Morton, and Hon. Hosea M. 
 Knowdton were arrayed as counsel for the de- 
 fendant. He is the counsel for the Cape Cod 
 division of the Old Colony or N. Y., N. H. 
 & II. Railroad, a trustee of the Five Cents 
 Savings Bank at Welltleet, a Royal Arcli :\Ia- 
 son, a memlier of the Boston Art Club, and a 
 member of the standing committee of the South 
 Congregational (Unitarian) church of Boston. 
 He was also for a time a trustee of tlie Cape 
 Cod Five Cents Savings Bank at Harwich. 
 As a citi/.en he is public spirited and enterpris- 
 ing, lilierally encouraging c_\(ivy movement 
 which promises general benefit and advance- 
 ment. 
 
 Judge Harriman was married September 2(1, 
 1870, to Miss Betsey F., daughter of Ceorge 
 W. Nickerson, of Harwich, [Mass., and they 
 have one daughter, Olivia C, a student at 
 Radcliffe College, class of 1900. 
 
 GEORCF CLARK TRAVIS, Boston, for- 
 merly assistant attorney -general and 
 now counsel for the Boston Elevated Railway 
 Company, is the son of (ieorge Clark and 
 Rachel Parker (Cunler) Travis, and was born 
 in Holliston, Middlesex county, Mass., Augu.st 
 19, 1847. His father was a boot manufacturer 
 and a descendant of an old Massachusetts fam- 
 ily, while liis mother's ancestors settled in New 
 Hampshire at a. very early day. 
 
 iNIr. Travis received his early education in 
 
BWGRA PHICA L.—MA SSA CHUSE TTS. 
 
 299 
 
 the pul)lican(l liifj,h schools of Holliston nml in 
 lS()-2 entoivil I'hillips I'.xeter Academy, where 
 he remained tliree years, graduatino- in ISGo. 
 He then entered Har\'ard College, from which 
 he was gradnatcd in l.S(i;», and from which he 
 received the degree of A. ^f. in course in iSTl'. 
 AVliile a student at Harvard he was elected a 
 member of the Natural History Society, of the 
 ri Eta, and of the Phi ISeta lva}>|)a. 
 
 From isiii) to lS7l! Mr. Ti-avis taught Latin 
 and (iivek in the high school at IMedford, 
 Mass., where he read law at tlu' same time 
 with Inaijandn F. Hayes, now a prominent 
 attorney in ]>oston, ami Daniel A. ( deason, ex- 
 State treasurer and no\\- treasurer of the Fitch- 
 hurg Uailroad ('omjiany. lie was ailmitted to 
 the Middlesex har hy .ludge \Vill<inson at East 
 Cambridge in February, lS72, and on April 1 
 
 ;eori;I'; c. tka\is. 
 
 of that year began the actixe [)ractice of his 
 profession iji Ilollistoii, wdici'c he was ajipoiid- 
 ed a trial ju.stice in May following. He main- 
 tained an office there and anothei' in Boston 
 dui'ing the next two yeai's, or until April, 
 1874, when hi.' closed his lioston ottice, re- 
 signed the trial justiceship and mo\'(.Ml to 
 .South Framingham, Mass. There he remained 
 
 tweh'e ycai's, actiNad}' engaged in the j)ractice 
 of law. 
 
 In Api'il, ISSC, Mr. Travis moved his I'esi- 
 denee to Xewt<:ni, Mass., and his otHce to ]>0s- 
 ton, and in the lattei' city soon established 
 hinis(df in general practice. ( )n March 14, 
 1<s;M, he wa,s appointed first assistant attorney- 
 general of Massachusetts by Attorney-Ceneral 
 A. Iv I'illsbury, and held that office until July 
 1, ls;)S, being reap])oint(.'(l by Attonicy-( ien- 
 eral Ilosea 'Si. Knowdton. Ih' resigned the 
 office .July 1, Lsiis, to accept the position of 
 counsel foi'tbe Boston J'^levatcd Jlailwa}' Com- 
 jiany, in charge of the legal work connected 
 \\'itli the building of its elevated lines. 
 
 Ml'. l"ra\-is was married ^Vpril o, 1.S71, to 
 Harriet March Fit(di, daughter of Austin (Jrccn 
 and ^hiry Charlotte (.March) Fitch, of Hollis- 
 ton, Mass.; they ha\'e two ehildi-en living: 
 Hai'old flitch Tra\ds, a, student at law with 
 his father and at the Boston L'niversity Law' 
 School, and Howai'd (Jurrier Travis, a student 
 at Harvard Colle-e, class of 1902. 
 
 COLA^ER .JOSIAH STONF, Andover and 
 ISoston, is the son of Rev. Daniel -losiali 
 Stone and I'arnna iVugusta Shattuck, and was 
 born on tln' 24th of .huuiaiy, 1<S()9, in (,)uincv, 
 ]\Liss., wdiere his father, a graduate of I'hillips 
 Ando\-er Academy, was pastor of the Bajitist 
 churidi. His paternal ancestors settled in 
 W'atertown, Mass., at a \-cry early day, and 
 some of them seiA'cil in the Re\adutionary war. 
 His mother was a daughter of Thomas Shat- 
 tuck, of AndoN'ta', and a descendant of William 
 Shattuck, who di(.'d in Watertown in 1(172. 
 IMiaiihers other family were also in the war of 
 the Re\'olution. 
 
 Ml'. Stone has practically spent his entire 
 life in Andover, Mas.^., whither his parents 
 remo\'ed from (,)uiiicy wIk'H he was one year 
 old. Lie was graduated from the Ando\er 
 grammar and high schools and from Lhilli[)s 
 Andover Academy in lS9d and then entereil 
 ILu'N'ard ('ollcge, when.' he spent the frt'sbman 
 
300 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 year. He read law in the office of Marshall, 
 Ham])let & Burke, of Lowell, and at the Bos- 
 ton University Law Scliool, from which he was 
 graduated with the degree of LL.B. in 1895, 
 obtaining the highest honors in real property. 
 He entered that institution as an advanceil 
 student in 189;!. He was admitted to the Es- 
 sex har at Salem in May, 1895, and during 
 the next two years was an examiner of land 
 titles for the Massachusetts Title Lisurance 
 
 COLVER J. STONE. 
 
 Company, of Boston. While employed in this 
 capacity he ac(|uired a large practical experi- 
 ence in conveyancing and i-cal estate law. In 
 Novemlicr, 1897, he opencil an iiitice for the 
 general civil practice of his pi'ofession, and 
 formed a coi)artnership witli Edmund S. Spald- 
 ing, whi(di still continues under the firm name 
 of Spalding it Stone. He has also maintained 
 an office in Andover since his admission to the 
 bar, and resides there. 
 
 As a lawyer Mr. Stone has already gained 
 an honorable standing and a high rc]>utation. 
 Thougli a young man, be has displayed marki^l 
 al)ilitv, and sound legal ijualifications, and as 
 a citizen be is highly resjiected and esteemed. 
 In October, 1898, he was ajipointeil by .Judge 
 Leonard X. -Jones an examiner of land titles 
 
 for Northern Essex under the new Court of 
 Land Registration, and still holds that office. 
 He is a Republican, and during the last two 
 years has Ijeen somewhat active in local pol- 
 itics. He is a member of the Phi Delta J-'hi 
 fraternity of Jjoston University, and is un- 
 married. 
 
 HENRY ^^CSE, Springfield and Boston, 
 associate justice of the Superior Court 
 of Massachusetts from 1859 to 1869, was a 
 lineal descendant of Rol.iert ^'ose, who came 
 from England in 1654 and settled in Dor- 
 chester, where he ilied r)ctol)er 16, 1683, aged 
 eighty-four. Edward ^'ose, son of Robert, 
 (lied -Jaimai-y 29, 1716. at tlie age of eiglity, 
 leaving a son, Nathaniel, who married ^lary 
 Belclier. Their son, IClijab ^'ose, sr., mai'ried 
 Sarah Bent, and their eldest son, Elijah, jr., 
 \\as Jiorn in Milton, ^lass., February 24, 1744, 
 and died there March 19, 1822. J^lijaJj \V)se, 
 jr., ^\-as a cai)tain in J-Jeath's (afterward (ireat- 
 on's) 24th Regiment early in 1775, and was 
 jiresent at the siege of Boston. He became 
 a major, and on Fcbi'uary 21, 1777, was 
 cmmnissioned lieutenant-colonel of the First 
 Massachusetts Regiment, commandei] bv liis 
 brother .Joseph. He served through tlie Ivcv- 
 olutionary war, in which four of the brothers 
 were engaged. Mo.ses and ISill Vose, younger 
 brothers, both held I'esponsiJjle positions, the 
 latter being a paymaster. Col. Elijah N'ose 
 ha<l two children, lillijah and Ruth, of whom 
 the latter married ]']lien Breed, of Charlestown. 
 Colonel A'ose was an early memljer of the So- 
 ciety of the Cincirniati, and in 1822 was suc- 
 ceeded by his only son, Elijah, who was born 
 in :\Iilton on January 1, 1790, and who be- 
 came a prominent merchant in Boston, where 
 be died August 12, 1856, having also been 
 president and an active member of the ^Massa- 
 chusetts J-Jorticultural Society: he married 
 lieliecca Gorham ISartlett. 
 
 Henry A'ose, eldest son of Elijah and Re- 
 becca (lorham (Bartlett) A'osc, ^-as born in 
 Charlestown, Mass., AL,y 21, 1,S17. J-Je pre- 
 
BIOGRA PHICA L.—MA SSA CHUSE TTS. 
 
 301 
 
 pared for eolle.ue at (oiu-onl Academy and ceeded hy his bi'Other, Kraneiw \'o,se, a promi- 
 was graduated witli honors from Harvard uent mereliant of New Yoi'k eitv. 
 
 University in ls;i7. Afteiward he was pi'ivate 
 tutor in a family in westeiii New York. He 
 read hiw in (Jreenliehl, ^hlss., \\itii ( ieorge T. 
 Davis and in Springiicld with Cliapman & 
 
 Judge \Vjse was mai'ried Oetoher 19, 1842, 
 to Martlia Harnett Ui|)k'y, of ( Concord, Mass. 
 They left no sons. One of their daughters, 
 Marv, is the wife of Chai-les I'elham Green- 
 
 Ashmun, and was adnntted ti> the Hampden ough, of the ISoston har, whose sketch a])i)ears 
 
 bar at Springfield, where he [)racticed his i)ro- in this work. 
 
 fession for se\-eral years w itli eminent success. 
 
 He rei)resented that idty in the lo\\er house 
 
 IIENKY VOSK. 
 
 of the Massachusetts Legisjatnrr in 1 .S."j7-.")S, 
 In 1859 (i(ivei'noi' lianks appoiideil him an 
 associate justice of the Superioi- Coui-t. wliidi 
 position he filled with gi'cat ilignity and ahil- 
 itv until his deatli. in liostnn, .lanuary 17, 
 l.S(i9. 
 
 .Ju(]ge N'osewasan ahh' kawyei- and ad\'o- 
 cate, and as a jurist displayed an exact knowd- 
 edge of the law and a, wondi'i'fid gi'as[i of legal 
 science. He was a puhlii' spii'ited and patri- 
 otic citizen, a man of the highest honor and 
 integrity, an<l aehie\'i'<l eminence at the har 
 and oir the bench. In kSdO lie succeeded his 
 father as a member of the Society of the Cin- 
 cinnati, and upon his death in l.S(i9 was suc- 
 
 CHAKLES I'ELHAM ( !Rl':EX()r<;H, 
 Boston, is descended from \\'illiam 
 Greenougli, wdio came h'oin fjancashirt', Eng- 
 land, to I:)Oston, Mass., in l(i4S. His great- 
 great-grandfatln'r, Thomas (ireenough. was 
 one of Boston's selectmen during the Ue\-oln- 
 tionary war, and bis gi'eat-grandfatber, Itev. 
 William (d-eenough, was for fifty years pastor 
 of a church in Ne\\'ton, succeeding Kew .lohn 
 Eliot. His grandfither, also named William, 
 a proujinent lioston merchant, iiiari'ied Sarah 
 • iardnei', daughter of .lohn (Sardnei', of Leomin- 
 ster, iMass., and a niece of Mi's. .lohn Hancock. 
 William W. (ireenough, son of William just 
 mentioned and the f dber <if the subject of this 
 article, was ti'easurei' of the ISoston ( ias Light 
 Company for thirty-eight years and a trustee 
 of the Boston Public Libi'ary for thirty-two 
 years. He married ( atheiine H. ('urtis, 
 daughter of ('harles I'elham ('urtis, the tii'st 
 city solicitoi' of lioston and a law partner of 
 •Judge lienjaiinn \[. ('ui'tis. 
 
 (diaries I'. (Ireenough, son of William AW 
 and Catherine 11. (Cui-tis) ( d'ciaiough, was born 
 .July ■-:9, 1S44, in Cambridge, Mass. He was 
 graduated froiri the liosfon Jjatin School in 
 l.s()(), l)eing a kranklin medal scholar and vq- 
 ceiving se\'ei'al ])rizes fir prolicienc}' in his 
 studies. H(.' then entere(l llar\'ard l'ni\'ersity, 
 where be bad a J)etui', and from \\hieb he was 
 graduated in l<S(i4. While in e()llege he was 
 a member of the Jnstitute of 1 7711, of the Llasty 
 Pudding ('lull and of the Nafui'al History So- 
 ciety. Soon after graduating he entere(l the 
 Uniteil States ser\'iee in the blockading squad- 
 ron on the U. S. steainer \'andei-bilt, wdiere 
 
302 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 he remaint'il (several iiioiitlis, l)eing stationed 
 ott' the eciast of Nortli Carolina. He subse- 
 quently spent some time in travel in E,i;y])t, 
 Turkey, Palestine, ami the Holy Laml, ami in 
 1.S67 entered the Harvard Law School, from 
 which he was graduated \\ith the degree of 
 LL.B. in 1809. He continued his legal studies 
 in the ottice of Kopes et ( Jray, of Boston, ami 
 was admitted to the Sulfolk har in Decemljer, 
 
 CHARI.es r. GKEliNOUGH. 
 
 1<SG9. Immediately afterward lie formed a co- 
 partnership with Piobert ]\I. Morse, jr., which 
 continued under the firm names of Morse tt 
 Greenough and Morse, Stone tt (Treenough for 
 ten yeai's. Since Isso Mr. (ireenough has 
 practiced ali:ine. 
 
 Mr. (ireenougli is one of the leading meni- 
 l:)ers of the Suffolk har. His ahility and indus- 
 try, his broad a):d thorough knowledge of the 
 law, and Jiis tine legal attainments are recog- 
 nized and admired. He was counsel for tlie 
 Boston (Jas Light Comjiany and for other gas 
 corporations from 18(J9 to l.S9o, when he j-e- 
 signed, and since then he has devoted himself 
 to the general })ractice of his profession. As a, 
 connselnr and advocate he has achie^'ed su(;- 
 cess and liunoi-. In politics he is a Republican. 
 He was an original member of the Bar Asso- 
 
 ciation of the city of Boston, in 1876, and has 
 served it as treasurer since 1887. He is the 
 author of a "Digest of Gas Cases," published 
 in 1883, and the editor of the nintii edition of 
 "Story on Agency;" and has made numer- 
 ous addresses on the subject of water gas and 
 contrilxited se\'eral important articles to lead- 
 ing magazines and law journals. For seven 
 years he successfully prevented the manufac- 
 ture of water gas in IMassachusetts liy ajjpear- 
 ing before various committees of the Legisla- 
 ture. As a citizen lie is puldic sjiirited and 
 enterprising, and liberally encourages every 
 worthy movement. He is a stuilent of history 
 and of general literature, a sciiolar endowed 
 with rare intellectual attaimnents, and a man 
 of the highest integrity an<] honor. Lie is a 
 member of the Antiquarian Society of Worces- 
 ter and of the New England Historic Genea- 
 logical Society, and a corresi)onding rnemljei' 
 of the New Hampshire Historical Society. 
 
 •June 11, 1.S74, Mr. (4reenough married Mary 
 Dwight Vose, of Boston, daughter of the late 
 Hon. Henry A'ose, associate justice of the Su- 
 perior Court of Massachusetts, whose memoir 
 a[>pears in tliis work. They ha\-e four chil- 
 dren; Constance Pelham, Ruth Mary, Henry 
 Vose, and Alfred. 
 
 MARCP:LLrS CGGGAN, I5oston, is a de- 
 scendant of -Tohn Coggan, wdio is men- 
 tioneil \)\ Ijiku'v Washburn, in bis -ludieial 
 History of Massachusetts, as one of tlie earliest 
 rnemljers of the cfdonial bar and also as a mer- 
 chant. His father, grandfathei' Taber, and 
 great-grandfather, .John Coggan, were respect- 
 ed farmers in Lincoln county. Me., whither 
 the fannly remo\'ed during the pioneer settle- 
 ment of that State. 
 
 AL'. (_'oggan is the son of Leimard C. and 
 Betsey ]\L (Welil)cr) ( 'oggan, and was l)0rn in 
 Bristol, Linciiln county, Me., Septeml;)er 0, 
 1817. Lie attended the common schools of 
 his native town and was graduated from Lin- 
 coln Academv at Newcastle, Me., in LS(58. 
 
BIOGRA PHICAL.-MA SSA CHUSE TTS. 
 
 303 
 
 The same year he entered liowdoin College, 
 from \vhieh he was graduated in ],S72, taking 
 the junior prize deelamation an<l heing orator 
 of his elass. From iSTl' to 1 S79 lie was priiiei- 
 pal of Xiehols Aeademy at Dudley, I\[ass., jind 
 did nmch to make that one of the leading in- 
 stitutions of the kind in the eountry. In 1 syy 
 he resigned and eame tn Boston, where he en- 
 tered the law otliee of Child & PoN\ers, with 
 whom he eontinued to jiraetiee from his ad- 
 
 MARCELLUS COGGAN. 
 
 mission to the Suffolk l)ar in Fehruary, 1881, 
 until l88(j. He then formed a efipartnership 
 with William iSchotield, undo' the fii-m name 
 of Coggau et Seliiitield. They eai'ried on a 
 succes.sful law Imsiness until l.stjti, sinee whieh 
 time Mr. Coggan has [iraeticed alone Ih^ is 
 widely res})ected for his aliility, good judg- 
 ment, and hroail learning. 
 
 For sevei'al years Mr. Coggan has heen a, 
 })rominent figure in the coui'ts, where the hest 
 efforts of his professional lif' ha\'e lieeii put 
 forth. He is a strong advocate hefore a jury, 
 and is distinguished for those (pialities which 
 invariahly win success. He has successi'ully 
 followed a general })ractice, and has heen (;on- 
 nected with many important cases, notahly 
 the Trefethen murder case, in which he and 
 
 i\o\'. John D. Long were counsel for the de- 
 fense. Jle has also taken an active interest in 
 puhlic alfaii's. While in Dudley he served on 
 the School lioai-d foi' foui' years, a })ai't of the 
 time as its chaii'maii. lu 1879 he mo\'ed to 
 Afalden, .Mass., wIum'c he has since resided, 
 and whei'e he was for four yeai's a memher 
 and one year idiairman of the School Connint- 
 tee. He was also mayor of Maiden in 18!S(J 
 and 1S,S7, the second time heing almost unani- 
 mously elected, oidy ahout twenty votes heing 
 cast against hiiu. lie declined a tliii'd nomi- 
 nation and election, and since then has stead- 
 fastly refused puldic office. In politics he is a 
 Repuhlican. He was the founder in 1<S87 of 
 the Maiden Co-operative I'^ank and ser^•ell it 
 as president until May, 1 s;)S, wlien he I'csigned. 
 He is a memher of the Universalist church of 
 Maiden, and a charter memher of Congress 
 Lodge, F. & A. M., of ^Lilden Lodge, I. ( ). 0. F., 
 and of the Maiden Cluh. 
 
 Mr. <_'oggan was married November 26, 1872, 
 to Luella L., daughter of Calvin C. Rohbins, of 
 Bi'istol, ]\h'., and they have three children: M. 
 Sunnier, Linus ('., and Florence Betsey. ^L 
 Sunnier Coggan, the eldest, was graduated 
 from pjowdoin College in 1.S97, taking the 
 junior prize declamation, an honor his father 
 hail won at the same institution on the identi- 
 cal evening just twenty-four years liefore. He 
 is now a student at the Boston University Law 
 School, class of 1.S99. 
 
 GL()lt(;F DEXTLK BKJFLt )W, Boston, 
 son of ( leorge ^\^ and (Irace (Jroshy 
 (Hoyt) Bigehn\-, was horn Septemlier 7, l8ol, 
 in Framingham, Mass., where he has always 
 resided. He is a grandson (jf Dexter IJigelow, 
 a farmer in Ashland, Mass., and of Dr. Enos 
 Hoyt, a pi-ominent physician of l^T'amingham : 
 a great-gi'andson of Nathaniel Bigelow and 
 Nathan Hoit, lioth soldiers in the KeN'olution- 
 ai'y war: and a great-great-grandson of Ca[)- 
 tain .fosiah Croshy of Amherst (now ?i[ilford), 
 N. H., who ser\ed in tlie French and Indian 
 
304 
 
 THE JUDICIARY AND THE BAR OF NEW ENGLAND. 
 
 war of 1748 ami commanded a company in 
 Colonel Reed's New Hampsliire regiment at 
 the battle of Bunker Hill. He is a lineal de- 
 scendant in tlie eightli generation of Jolni 
 Bigelovv (or Biglo, Begeley, or Bageley), who 
 came from England in 1032 and settled in 
 Watertown, Mass., and wlio served in the war 
 against the Pequot Indians and also in King 
 Philip's war. John Bigelow's marriage in 
 1642 is the first one recorded in the records of 
 Watertown, where the famity has resided for 
 many generations. The Hoyts and Croshys 
 were New Hampshire families, and like the 
 Bigelows have always been conspicuous in so- 
 cial, professional and military affairs. 
 
 GEORGE D. BIGELOW. 
 
 Mr. JSigelow received liis primary and pre- 
 paratory education in his native town, attend- 
 ing the public schools, graduating from tlie 
 Framingham High School and Academy in 
 1869. He tlien entered Dartmouth College, 
 where lie was elected a membei' of the Al])ha 
 Delta Phi and the Phi Beta Kappa Societies 
 and where he was graduated in 187-'3 with the 
 valedictory address. Ainong his classmates 
 were Prof -Jolni H. Wriglit, of Harvanl Col- 
 lege; Isaiah R. Clark, of tlie Boston bar; 
 Frank E. Clark, the founder and head of the 
 
 Young People's Society of Cln-istian Endeavor; 
 James H. Pettee, a missionary to Japan; Pitt 
 Dillingham, principal of the Calhoun Colored 
 School in Alabama; and Dr. E. C. Dudley, an 
 eminent specialist of Chicago. In the winter 
 of his senior year he taught a district school in 
 York, Me., and immediately after graduation 
 went to Oakland, Cal., and for two years was 
 a teacher in the (iolden Cate Academy. Re- 
 turning east in 1875 he began the study of 
 law with General Roger A. Pryor in New 
 York city, but a few months later entered the 
 office of Hon. John H. Hardy, in Boston, now 
 an associate justice of the Massachusetts Supe- 
 rior Court. He also attended one term of lect- 
 ures at the Boston University Law School, and 
 upon his admission to the Suffolk bar in Feb- 
 ruary, 1878, began active practice in Boston, 
 where he has since maintained an office. For 
 a time lie was associated with Judge Hardy; 
 more recently, however, he has enjoyed asso- 
 ciate relations with Henry Baldwin, judge of 
 the Municijial Court of the Brighton district of 
 Boston. 
 
 Beginning \\-ith general law jiractice, which 
 gave him a substantial footliold in the profes- 
 sion, Mr. Bigelow soon devoted himself to con- 
 veyancing, and since aliout 1881) has made 
 that branch a specialty, having also, in con- 
 nection witli it, a large prol)ate and trust busi- 
 ness. From 188(1 to the present time he with 
 Judge Baldwin has had charge of practically 
 all of the examination of titles for the Home 
 Savings I5ank and the Citizens Mutual Insur- 
 ance Company, of Boston; and during this 
 period he also did considerable conveyancing 
 for the law department of the city of Boston, in 
 the examination of titles of lands in Middlesex 
 county within the limits of Basin No. 5, now 
 Sudljury Reservoir of the Metropolitan Water 
 Works. In January, 1896, Alfred C. Vinton 
 escj., was ap[iointed conveyancer for the Met- 
 ropolitan Water Board, and in the following 
 May Mr. Bigelow was made his assistant and 
 still holds tliat position, having relinquished 
 soon after his ai)pointment the larger part of 
 his private practice. In this capacity Mr.