USA > Connecticut > New London County > A modern history of New London County, Connecticut, Volume I > Part 45
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Henry Matson Waite, ancestor of Marvin Waite, of previous mention in this chapter, was born at Lyme, Connecticut, February 19, 1787, and there died December 14, 1869, full of years and honors. He fitted for college at Bacon Academy, Colchester, and in 1806 entered Yale in the sophomore class. He was graduated with high standing in 1809, then for three years taught school and studied law, gaining admission to the New London county bar in 1812. He finally located in Lyme, where he continued in active, successful practice until his elevation to the Supreme Court bench in 1834. He was an able lawyer, learned in the law, and a very successful advocate. His strength lay not in his oratory, however, but in questions of law, patient research, discriminating power and directness of argument. In 1834 he was elected a judge of the Supreme and Superior Courts and in 1854 was made Chief Justice, an office he held until reaching the constitutional age limit (seventy years) in February, 1857. During that period (1834-57) Judge Waite enjoyed the perfect confidence, respect and esteem of his contemporaries of the bench and bar, and won public confidence to a very high degree. He was careful
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in forming his legal opinions, but firm in upholding them. Connecticut re- ports show that he was not infrequently in a minority and sometimes stood alone in his opinions, but not often were his decisions revised by the ultimate judgment of the bar. Of him it was said: "He contributed his full share to the character of a court whose decisions are quoted and opinions respected in all the courts of the United States and the highest courts of England." Yale conferred upon him the honorary degree of LL.D. in 1855. Judge Waite married Maria Selden, daughter of Colonel Richard Selden, of Lyme, and grandaughter of Colonel Samuel Selden, an officer of the Revolution. The eldest son of that marriage, Morrison R. Waite, became Chief Justice of the Supreme Court of the United States. Another son, George P. Waite, was a member of the New York bar at his death, and a younger son, Richard Waite, rose to eminence at the Ohio bar.
The career of Lafayette S. Foster was one of brilliancy and useful lesson. He was of early Puritan ancestry, born in Franklin, near Norwich, November 22, 1866, but began life as a penniless and friendless lad, depending upon his own energy and ability for everything. He secured a good education and after graduation from Brown University studied law, located in Norwich, and rose to eminence in his profession. In 1870 he was elected to the Supreme Bench of Connecticut, serving until 1876, when he was automatically retired through reaching the age limit. After his retirement from the bench he resumed law practice and so continued until his death, September 19, 1880.
His public service was long continued and valuable. He represented Norwich six terms in the General Assembly, being thrice elected speaker. He was mayor two years, and from March 4, 1855, until March 4, 1867, was United States Senator from Connecticut, elected first as a Whig and later as a Republican. After the war, Senator Foster favored a speedy restoration of the Southern States to their constitutional relations with the Federal Gov- ernment and was antagonistic to the radical leaders of the Republican party, a fact which operated against his election for a third term. When Andrew Johnson succeeded President Lincoln, Senator Foster became Vice-President and president of the Senate, holding until 1867, when his term as Senator expired. In 1872 he supported the Liberal movement, and in 1875 ran for Congress on a Democratic Liberal ticket, polling a large vote, although defeated. He supported Hayes in 1876, and the same year declined a legis- lative nomination. He was a man of polished manners, and was a delightful conversationalist, well read, apt in quotation, quick at repartee, brimful of genial humor, kindly in spirit ; he entertained most bountifully, and with his gracious wife dispensed a generous hospitality. He was a devout member of Park Congregational Church, Norwich.
Charles Johnson McCurdy, son of a lawyer who was a graduate of Yale and grandson of a Scotch-Irish Presbyterian who came from County Antrim in the North of Ireland, was born at Lyme, Connecticut, December 7, 1797. He was graduated from Yale with high honors in 1817, studied law, was admitted to the bar in 1819, began practice in Lyme, and in 1856 was appointed a judge of the Superior Court. In 1863 he was advanced to the Supreme
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Bench, holding until his retirement in December, 1867, through the opera- tions of the constitutional age limit. After his retirement, Judge McCurdy delivered courses of lectures before the students of Yale Law School, the University conferring upon him the honorary degree of LL.D. Judge Mc- Curdy was active in public life, serving ten terms in the Connecticut House of Assembly between 1827 and 1844, and in three of those years was speaker of the House. In 1832 he was State Senator, and in 1847 and 1848 was lieutenant-governor. During his legislative career he brought about that great reform in Connecticut law by which interested parties to a lawsuit may be witnesses. In 1851 he represented the United States at the Austrian Court, his course as a diplomat being highly commended by other countries than his own. Judge McCurdy passed the evening of his life at his farm in Lyme, hallowed by memories of Washington and Lafayette, both of whom were there entertained.
Morrison R. Waite, who became Chief Justice of the United States Su- preme Court in March, 1874, was born in Lyme, Connecticut, where his ancestors settled a century before the Revolution. He entered Yale at the age of sixteen, and was graduated with honors in 1837 at the age of twenty- one. He began the study of law under his eminent father, Chief Justice Henry Matson Waite, but went West before finishing his studies, becoming a member of the Ohio bar. His career as lawyer and jurist was one of brilli- ancy and success, culminating in the highest honor that the lawyer can attain. His career belongs to the judicial history of Ohio, but New London county gave him birth and here that career had its beginning.
John Turner Wait, another member of the distinguished Wait family of New London county, was born in New London, August 27, 1811. He pre- pared for college at Bacon Academy, Colchester, spent two years at Trinity College, then studied law, gaining admission to the New London county bar in 1836. He was State's attorney, 1842144, and from 1846 until 1854. His law practice was very extensive, and for many years no important case was tried in the New London county courts that the name of John Turner Wait did not appear in as counsel. He was widely known beyond the confines of his own courts, and his appearances were frequent in State and Federal courts in other parts of the State. He was unquestionably one of the ablest advocates in his State.
Prior to the Civil War, Mr. Wait acted with the Democratic organiza- tion, and was four times the candidate of his party for lieutenant-governor, each year running ahead of his ticket. In 1860 he supported Stephen A. Douglas for the presidency, but, being a strong Union man, he thereafter acted with the Republican party. In 1864 he was presidential elector at large on the Lincoln-Johnson ticket, State Senator 1865-66, and in 1867 member of the House from Norwich, and unanimously chosen speaker of the Forty-fifth, Forty-sixth and Forty-seventh Congresses. In Congress, Mr. Wait was a powerful advocate for a protective tariff and for the interests of his State. He took special interest in pension legislation, in the marine and fishing interests of the State, the improvement of Connecticut harbors, the con-
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tinuation and improvement of the New London Navy Yard, and in support of some of these delivered elaborate arguments on the floor of the House. He gave a son to the Union cause, Lieutenant Marvin Wait, of the Eighth Regiment, Connecticut Volunteer Infantry, who was mortally wounded at the battle of Antietam.
Jeremiah Halsey, a native son of Preston, New London county, won high distinction at the bar of his county, being contemporary with and a worthy associate of those eminent lawyers-Henry Strong, Lafayette S. Foster, John Turner Waite, and others of that period. He was a paternal grandson of Colonel Jeremiah Halsey of Revolutionary fame, and a maternal grandson of Elder William Brewster, of the "Mayflower." Delicate in health, he was not able to pursue college study, and finally went South seeking health in the milder climate of Georgia. At Hawkinsville, in that State, he began the study of law, and was there admitted to the bar, April 23, 1845. The next four years were spent in further legal study, and travel for the benefit of his health, he finally in 1849, at the age of twenty-seven, opening a law office in Norwich in company with Samuel C. Morgan. In April, 1863, he was admitted to the bar of the United States Circuit Court, and to practice at the bar of the United States Supreme Court on February 24, 1870. He practiced with great success in all State and Federal courts of the district and State, and Connecticut reports show that he made many elaborate and effective argu- ments before the Supreme Court of the State, arguments that will ever be monuments of his great ability and learning as a lawyer. Professional, not political distinction, was his high ambition. He was a Whig in politics and, later a Republican, holding several positions in public life, but never seeking an office of any kind; yet he so won public confidence and esteem that he was chosen without an effort on his own part to win public place. He was sent to the Legislature from Norwich in 1852, 1853, 1859 and 1860, and was ap- pointed by the governor in 1853 a member of the commission charged with the erection of a new State capitol at Hartford, a work completed in 1870. In 1853 he was elected Norwich city attorney, an office he held eighteen years, then resigning. He was long a warden and vestryman of Christ Protestant Episcopal Church of Norwich, and a man highly respected.
Henry Howard Starkweather, like Jeremiah Halsey, was a native son of Preston, New London county. He studied law under the eminent Lafayette S. Foster, and in 1850, at the age of twenty-four, he was admitted to the New London county bar. For several years he was associated in practice with Edmund Perkins, of Norwich, but after a decade of successful law prac- tice he entered public life, giving little attention to his profession after 1861, when he became postmaster of Norwich. A Whig in politics, he was in at the birth of the Republican party, and one of its founders in eastern Con- necticut. He was elected a member of the Legislature in 1856, was a delegate to the National Republican Conventions of 1860 and 1868, and in 1867 was elected to Congress, and died in Washington during the session. A man of strong common sense, inflexibly honest, ever governed by principle, a philan- thropist and a Christian gentleman, the remembrance of his virtues is fragrant.
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John Duane Park, LL.D., the last member of the Supreme Court of Errors of the State of Connecticut to sit from New London county, like the two men whose record precedes this review, was born in the town of Preston, New London county, April 26, 1819, son of Benjamin Franklin Park, son of Elisha Park, son of Rev. Paul Park, son of Hezekiah Park, son of Robert Park, son of Thomas Park, son of Sir Robert Park, who with wife and three sons came from England in 1639 and settled in Boston, Massachusetts. After completing a thorough academical education he began the study of law, in 1845 entering the office of the eminent Lafayette S. Foster, and in February, 1847, was admitted to the New London county bar. He began practice in Norwich and there continued a private practitioner until called to the bench, he winning high rank as a learned and able lawyer. In 1854 he was elected judge of the New London County Court, and in 1855 represented Norwich in the State Legislature. At that session of the Legislature there was a radical change made in the courts of the State, the county courts being abol- ished and all the business of those courts transferred to the Supreme Courts. Four new judges of the Supreme Court were elected under that law, of whom John Duane Park was one. He served under that election as a judge of the Supreme Court until 1863, when he was elected to succeed himself, but a year later was called higher by election to the bench of the Supreme Court of Errors. In 1872 he was re-elected a judge of that court, and in 1873 was elected Chief Justice of the Supreme Court, thus reaching the highest State honor a member of the bar can attain. He served with ability in that high office until 1889. In 1861 Judge Park received the degree of A.M. from Yale, and in 1878 the degree of LL.D. from the same institution.
James Albert Hovey, of Norwich, a judge of the Superior Court of Con- necticut, was of Windham county birth, son of Jonathan and Patience (Sted- man) Hovey. He was admitted to the Windham county bar in December, 1838, having acted as clerk of the Probate Court of Hampton district while pursuing his legal studies. He had also been prominent in military life, serv- ing as captain of the local company, as major of the Fifth Connecticut Regi- ment of militia, and for three years as its colonel. In 1841 he settled in Norwich, New London county, and from that year until 1849 Colonel Hovey was associated in practice with General Cleveland, under the firm name Cleve- land & Hovey. When the bankrupt act of 1841 went into effect, he was ap- pointed general assignee in bankruptcy for New London county, an office he held until that act was repealed, Colonel Hovey settling during his term about one hundred and sixty bankrupt estates. In 1842 and 1843 he was executive secretary under Governor Cleveland, and from June, 1849, until 1854 he was senior alderman of Norwich, and for the same time an ex-officio judge of the City Court. At the organization of the Uncas Bank in 1852, he was elected president of that institution, and when it became the Uncas National Bank he continued president until 1873, when he declined further re-election, having held the office twenty-one years. In 1850-51-52-53-54 he was judge of the New London County Court, and in 1851-52 for about six months also discharged the duties of judge of the County Court of Windham
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county, owing to the sickness and death of Judge George S. Catlin. His rec- ord on the county bench was remarkable, but one of his judgments being found erroneous when reviewed by the Superior Court and the Supreme Court of Errors. From 1854 until 1876 he was in the private practice of his profession in Norwich, but in that year he was elevated to the bench of the Superior Court. During his term as judge of that court he was called at times by the Chief Justice to sit upon the Supreme Court of Errors, and in some important cases prepared and delivered the opinion of the court; these opinions may be found in Connecticut Reports, Volumes 45, 46, 47. In addition to the official positions enumerated, Judge Hovey represented the town of Norwich in the Legislature in 1851, and in 1870 was chosen mayor of Norwich. During his term as mayor he prepared a revision of the city charter with some important amendments, which were later ap- proved of by the common council, the County Court, the voters, and General Assembly. Judge Hovey was for more than three decades a trustee of the Savings Society of Norwich, and of the Chelsea Savings Bank of Norwich from its organization in 1858.
S. T. Holbrook, a law student under Jeremiah Halsey, was judge of the Norwich probate court, 1856-68, judge of the court of common pleas for New London county in 1873, and in 1878 was again elected judge of the Norwich district probate court. He was a member of the State Legislature from Norwich in 1873 and again in 1876.
George Pratt, a graduate of Yale, studied law under the eminent John Turner Wait of Norwich, and in 1859 was admitted to the New London county bar, and opened an office in Norwich, where he practiced with great success until his early death, June 4, 1875. He was four times elected to the State Legislature, once from Salem and three times from Norwich. He ranked high in his profession, adding to a well-disciplined mind legal knowledge, sound judgment, tact and discrimination. As an advocate he was earnest, direct and forcible, commanding from the court close attention when arguing.
George Willard Goddard, son of Major Hezekiah Goddard, son of Daniel Goddard, a lineal descendant of William Goddard who came to New England in 1665, was born in New London, July 3, 1824. He was graduated from Yale, class of 1845, and was admitted to the New London county bar in 1848, hav- ing pursued law study under Walker & Bristol, of New London, in Yale Law School, and under the eminent Lafayette S. Foster, of Norwich. Mr. Goddard began the practice of law in New London in 1848, and during his long career filled many offices of trust, professional and civic. He was for many years a member of the examining committee of the New London county bar; was chosen town agent in 1848; clerk of the probate court in 1855; member of the Legislature in 1856, and in 1859, his eyesight failing, he practically retired from the practice of his profession. From July 4, 1864, to July 4, 1867, he was judge of the probate court for the New London district, and from 1862 until 1865 had been judge of the New London police and city court. In 1871 he was elected alderman, and several years later retired to the Vauxhall farm in the town of Waterford, near New London.
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William H. Potter, although never a member of the New London county bar, was for a number of years judge of the probate court for the Groton dis- trict, a justice of the peace, and so eminent a citizen that he does not inappro- priately appear in this chapter. He was a son of Colonel William H. Potter, grandson of George Potter, a descendant of Vincent Potter, one of the judges who condemned Charles I. of England to death. William H. Potter was born at Potter Hill, Rhode Island, August 26, 1816. His father moved to Water- ford, Connecticut, in 1820, and there his education was begun. He was a graduate of Bacon Academy, valedictorian, going thence to Yale in 1836, but health and eyesight failing, he could not finish, but later received from Yale an honorary A.M. After leaving college he began teaching, and in 1840 be- came principal of Mystic River graded school, and there married a daughter of Deacon Elisha Rathbun. During the years 1851-55 Mr. Potter was prin- cipal of Brandon Academy, in Mississippi, and on his return again became principal of the Mystic River graded school, a post he long filled. In 1865 he was appointed assistant assessor of internal revenue, holding until 1869, when he resigned, having been elected a member of the General Assembly. In 1872 he was elected State Senator from the seventh district, and as chairman of the committee on education had a large share in moulding the entire educational code of the State, revising every law pertaining to colleges, academies, com- mon and normal schools. He was said to have been one of the few legis- lators always at their post when possible, and kept his own time, refusing pay for any time absent, a practice also scrupulously followed by his father, Colonel Henry Potter, while a member of the Lower House. In 1872 Professor Potter was elected a member of the State Board of Education, and a trustee of the State Normal School. After four years of service he was re-elected to the same office by a Legislature opposed to him politically. Dr. Northrop, secre- tary of the board, bore witness to Professor Potter's faithfulness and useful- ness during the eight years he served the State as a member of the Board of Education. In 1876 he was elected judge of the probate court for the Groton district, an office to which he was repeatedly re-elected. He was also a justice of the peace and a notary public. In politics, Judge Potter was a Whig, later a Republican. He became a member of the church in 1831, was for more than three decades a deacon of Union Baptist Church of Mystic River, a teacher in Sunday school, for twenty years clerk of Stonington Union Association, later its corresponding secretary ; for many years statistical secretary of the Baptist State Convention, later a member of its board of managers; for sev- eral years was a trustee of Connecticut Literary Institute at Suffield; and in 1881 took an active part in the Centennial Celebration at Groton. While acting as probate judge he also conducted an insurance and real estate busi- ness. Judge Potter wrote many historical sketches of churches and com- munities, and was widely known as a peacemaker, many disputes having been brought to a happy settlement through his counsel.
Daniel Chadwick was born at Lyme, January 5, 1825, and was graduated from Yale, class of 1845, and studied law under later Chief Justice Henry M. Wait, Lafayette S. Foster, and later Chief Justice Morrison R. Waite in Ohio.
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Mr. Chadwick was admitted to the New London county bar in 1847, and practiced law at Lyme until his retirement, with the exception of three years, 1854-55-56, when he was practicing in Baltimore. He was a member of the State Senate in 1858 and 1864; member of the Lower House in 1859; State's attorney for New London county for fourteen years; was appointed United States attorney for New London county in November, 1880; and served as government director of the Union Pacific Railway Company for four years beginning in April, 1877.
George Coit Ripley, youngest of the sons of George Burbank Ripley, was born in Norwich, August 25, 1839. He was graduated from Yale, A.B., 1862, and at once entered the Union army, serving until the close of the Civil War with the Tenth Regiment, Connecticut Volunteer Infantry. He studied law under Jeremiah Halsey, and in October, 1867, was admitted to the New Lon- don bar. He began practice in Norwich and there continued with success until his retirement. He served the city as councilman, clerk, recorder and attorney, and as a member of the State Legislature.
Contemporary with many of these men who have won high distinction at the bar and in public life noted in these pages, and yet an actor on the stage from which they have passed, is Thomas M. Waller, nestor of the New London county bar, of which he has been a member more than six decades; a lawyer of high repute, a citizen of public spirit and patriotism ; a veteran of the Civil War; ex-speaker of the Connecticut House of Representatives; ex-mayor of New London, and the oldest officer of the State of Connecticut now living, having been Secretary of State 1870-71, and Governor 1883-1885.
Thomas M. Waller was born in New York State in 1839, son of Thomas C. and Mary Armstrong. He was doubly orphaned at the age of nine years, and was later adopted by Robert T. Waller, of New London, and thus became Thomas M. Waller. He was educated in New London public schools, finish- ing with graduation from Bartlett high school. He chose the profession of law, and in 1861 was admitted to practice at the New London county bar. He hardly began professional practice in New London before he enlisted as a private in Company E, Second Regiment, Connecticut Volunteer Infantry, and with that command went to the front. He later developed serious eye trouble which caused his discharge from the army for disability. From the army he came again to New London, which has ever since been his home. He rose rapidly in professional rank, and until his virtual retirement com- manded a large and influential clientele. He is yet a member of the New London county bar. From 1875 until 1883 he was State's attorney for New London, and his son, Charles B. Waller, is the present judge of the County Court of Common Pleas.
A Democrat in politics, Mr. Waller early took an active part in public affairs, and represented New London in the General Assembly of the State in 1867-1868-1872 and 1876, serving as speaker of the House during the last session. He was Secretary of State in 1870-1871, and in 1883 was elected governor of Connecticut. President Cleveland appointed him consul-general at London, England, a post he ably filled until 1889, then resumed law prac-
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tice in New London. He was a member of the Constitutional Convention of 1902, serving as one of the two vice-presidents of that body. He served New London as mayor, and his public service has been both long continued and valuable.
Walter C. Noyes was born at Lyme, New London county, August 8, 1865, son of Richard and Catherine Chadwick Noyes. After completing his studies at Cornell he studied law, and in 1886 was admitted to the New London county bar. He was very successful as a practitioner, and rose to a high plane of professional success. From 1895 until 1907 he was judge of the Court of Common Pleas for New London county, leaving that position for service as judge of the United States Circuit Court, Connecticut second circuit. He continued as circuit judge for six years, then resigned and returned to private practice, locating in New York City. Judge Noyes is now general counsel for the Delaware & Hudson Company, but conducts a general law practice. He was a delegate from the United States to the International Conference on Maritime Law held in Brussels in 1909-1910, and is an au- thority in that branch of the law. He is the author of "The Law of Inter- Corporate Relations," 1902, and "American Railroad Rates," 1905. Judge Noyes retains his home in Lyme, his birthplace; his city residence, 405 Park avenue, New York City.
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