USA > Connecticut > Fairfield County > Danbury > History of Danbury, Conn., 1684-1896 > Part 32
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The New Street school building was finished in 1868 at a cost of $26,000, and was opened on May 4th, with Mr. N. C. Pond as
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principal, and an attendance of four hundred scholars. Mr. Pond resigned within a short time, and was succeeded by Mr. J. M. Smith. He left the school a few years afterward, and Mr. Warren was appointed in his place, but after a few years Mr. Smith resumed the position and retained it until his death in the fall of 1894. Mr. Frank H. Bennett is the present principal.
By a vote of the selectmen and civil authorities, in 1869 the Starr Fund of $4257 was paid to the Centre District, for the establishment and maintenance of a high school, which was founded on a curious basis, being established under the Starr Fund, Centre District money and town jurisdiction.
In 1881 the Balmforth Avenue school building with twelve rooms was finished, it being the consolidation of the old Balm- forth Avenue School, White and Upper Main Street branches.
An addition to the New Street school building was completed in 1886 at a cost of $20,000. Music was introduced in the Centre District in 1888, with a capable instructor.
In 1893 a handsome brick school-house with eight rooms was erected on Morris Street, for the benefit of the residents in the western part of the city, and this year a new eight-room building is being erected on Locust Avenue, for the benefit of residents in the eastern part of the city. When this latter building is com- pleted there will be in the Centre District four finely appointed brick school buildings with a capacity of accommodating twenty- five hundred pupils.
After the erection of the much-needed High School building, Danbury's school facilities will be equal to any in the State.
CHAPTER XXXVI.
HISTORY OF THE BAR OF DANBURY, CONN.
ELISHA WHITTLESEY.
THE earliest mention of a member of the Bar in Danbury will be found to be that of Elisha Whittlesey. He was a prominent lawyer at the close of the last century, though but little can be learned from the records as to his career. He was born January 8th, 1758 ; graduated at Yale College in 1779 ; married Mary Tucker ; was representative and member of the Connecticut Con- vention to ratify the Constitution of the United States in 1788. He died November 9th, 1802.
MATTHEW B. WHITTLESEY.
Matthew Beale Whittlesey was born October 3d, 1766, at Salis- bury, Conn., and was the son of John and Mary Whittlesey. After his admission to the Bar he commenced the practice of his profession at Danbury in 1792, where he remained until his death.
During his career he held various official positions, chief of which was that of State's attorney. He was also a member of the Legislature of Connecticut.
He was married December 28th, 1794, to Hannah White, who died May 7th, 1819. In 1824 he married Caroline H. Buckley, who survived him for a few months. He died October 10th, 1847.
He attained a high position in the profession which he had chosen, and his amiable deportment, firmness of purpose, and unblemished integrity won for him the regard and respect not only of those who were associated with him in the law, but also of the entire community in which he lived. He always vener- ated the institutions of Christianity, and he died in the firm belief of its teachings and in the hope of its reward.
* Contributed by John R. Booth.
JUDGE REUBEN BOOTH.
LIEUT .- GOV. ROGER AVERILL.
MATTHEW B. WHITTLESEY.
JUDGE DAVID B. BOOTH
WM. F. TAYLOR.
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On the announcement of his decease fitting resolutions were passed by the Bar of the Superior Court, which was in session at Danbury at that time, and an adjournment of the court was taken out of respect to his memory.
REUBEN BOOTH.
Reuben Booth was born in Newtown, Conn., on November 26th, 1794. When quite young his parents removed to Kent in this State. His father, though a man of considerable attainment in science, was in moderate circumstances, and required the assist- ance of his son in his business (wool-carding) to support his family. The subject of this sketch was employed in this busi- ness until he was about seventeen years of age, when with his father's consent he commenced the preparatory studies of a col- legiate course, and in the fall of 1813 entered the Sophomore Class in Yale College.
Shortly afterward he received information of his father's death, who was drowned in the Housatonic River. He hastened home, expecting at that time to abandon his collegiate studies, as he was unwilling to reduce the slender means of his mother, but a few friends in Kent generously offered to loan him the amount requisite to complete his course, and he returned to college. He graduated at the commencement in 1816, being the last at which President Dwight the elder presided.
Immediately thereafter he commenced the study of the law with David S. Boardman, Esq., of New Milford, with whom he remained about a year, and then removed to Danbury, where he continued his law studies with Moses Hatch, Esq. At the same time, he was employed as an instructor in the Academy in Dan- bury.
In 1818 he was admitted to the Bar, and opened an office for practice in Danbury. In 1822 he was elected a representative of the town in the General Assembly. In the same year he was appointed Judge of Probate for the District of Danbury, and continued in that office by successive annual appointments until 1835. In 1830 he was elected a State Senator. In 1844 and 1845 he was elected Lieutenant-Governor of the State. He died at Danbury, August 14th, 1848, after an illness of a little more than two days. This was during a session of the County Court of that place. On Friday, August 11th, he was engaged in the
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trial of a cause before that court, which he argued with his usual ability, and his death occurred on the Monday night following. At his funeral the business of the place generally was suspended. He was buried in the cemetery of the Episcopalians in Danbury, he having been during the latter part of his life a member of that communion.
Mr. Booth's professional practice at the time of his death was as extensive as that of any member of the Bar in the county. He was distinguished for his industry, his cases were always thoroughly prepared, and his knowledge of the law was accu- rate. He was at once zealous for his clients and courteous to his adversaries.
He was well known in this State as an active and leading poli- tician. His policy was always conservative. During the two years that he was presiding officer of the Senate of this State, the members of that body who were his political opponents felt and acknowledged his liberality of sentiment and conduct. He was always firm in his principles, but when principles were not concerned, he regarded and treated his political opponents as friends. He was a warm and generous-hearted man. Remem- bering that in early life he was indebted to others for aid, no deserving young man ever asked in vain for a loan from him which it was in his power to give. He was simple and unosten- tatious in his manners, kind and benevolent in his disposition. He loved the young, and they never feared to approach him, as they knew that his sympathies were with them.
Mr. Booth was married to Jane Belden, daughter of the late Rev. David Belden, of Wilton. Five children were the result of this union, only one of whom, Mrs. George Ferry, of Plainfield, N. J., is at present living.
NELSON L. WHITE.
Nelson Lloyd White was born in Danbury on April 7th, 1812, at the house so long occupied by his father, Colonel E. Moss White, and which stood where the present Library Building stands. He studied law under the direction of the Hon. Reuben Booth, and in 1840 was admitted to the Bar of Fairfield County.
He was clerk of the State Senate in 1844 and 1845, and in 1847, 1848, and 1849 was Judge of Probate for the District of Danbury. In 1856 he was a delegate to the first Republican National Conven-
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tion at Philadelphia. From 1868 to 1874 he was State's Attorney for Fairfield County, and discharged the duties of the office with singular ability and faithfulness. On the breaking out of the Rebellion in 1861 he joined the Wooster Guard of Danbury as a private, and drilled with the company at New Haven, but was rejected by the Marshal because his age was beyond the limit fixed by law. Governor Buckingham immediately commis- sioned him as a field officer in the Fourth Connecticut Infantry. This regiment enlisted for three years ; was called to the field in May, 1861 ; was sent into Virginia early in the summer of that year under General Banks, and was afterward transferred to the First Connecticut Artillery, and took part in guarding the de- fences at Washington. It then joined the siege artillery and served gallantly in the Peninsula campaign, and under General Grant in the siege of Petersburg and Richmond. Mr. White was lieutenant-colonel of this regiment, and sometimes served as inspector-general.
He was mustered out in 1864. His conduct in the army was uniformly that of a high-minded gentleman, His moral influ- ence and weight of character were felt throughout the regiment, and he was universally honored and beloved by officers and soldiers. He loved his profession ardently, and always stood up in defence of the right. He had peculiar power as an advo- cate, and spoke with a fervor that often made him a dangerous antagonist before a jury. He was very courteous in his de- meanor, unostentatious in his charities, and public-spirited to the full extent of his means. He had a temperament eminently hopeful, which could override losses and disappointments in the anticipation of something better. He was devoted to his home and his friends. He was fond of books, especially those relating to history and poetry, and his love of flowers and trees amounted to a passion.
He was a man of courage, moral, intellectual, and physical. He did not know what fear was in any of the relations of life. He was a man of impulses and intuition. He never waited to hear the opinions of others in order to modulate the expression of his own and shape them to some private end, but spoke as he thought and thought as he breathed with a spontaneity vital as his life. His intellect was moved by his sensibilities, and these were in accord with a sense of right, which could hardly have
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forsaken him even in his sleep. Colonel White came of an old colonial family and lived up to its record. He possessed great personal advantages and a peculiar patrician style and manner, but at the same time seemed unconscious of them. The thought of himself found little place in his sympathetic and impulsive nature, while the kindness of his heart yielded only to his sense of justice and his fidelity to truth.
Colonel White was married to Miss Sarah Booth, daughter of David Booth, Esq., of Kent, on July 5th, 1836. Five children were born to them, of whom three daughters and one son are now living. The son, Dr. Granville White, is practicing medicine in the city of New York. Colonel White's death occurred November 17th, 1876.
THEODORE MCDONALD.
Theodore McDonald was born in Danbury on March 26th, 1835, and was the son of Allen and Harriet McDonald. He en- tered Yale College in 1855, and graduted therefrom in 1859. His chosen profession was that of the law, and on his return from college he entered the law office of the late William F. Taylor, and was soon admitted to the Bar. He remained in Mr. Taylor's office, continuing practice until 1870, when he formed a partner- ship with the late Colonel Nelson L. White, with offices in the old Library Building, which firm continued until Colonel White's death in 1876. For about two years after that Mr. McDonald practiced alone, when ill health forced him to cease, and he soon fell a victim to that lingering disease consumption. His death occurred on March 29th, 1880, at the house of his father, where he had always lived.
He was of a quiet, undemonstrative nature, and made many friends during his career in Danbury, to whose wants he was always quick to respond. He was generous to a fault, and to those who knew him intimately his memory will always be dear.
ROGER AVERILL.
Roger Averill was born in Salisbury in this State on August 14th, 1809. He came of good New England stock, among whom were some of the earliest settlers of the State, his parents being Nathaniel P. Averill and Mary Whittlesey. One of a family of seven children, reared on a small farm, his education had, of
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course, to be mainly that of his own earnings. By the aid of a common school and a public library, by farming in summer and teaching in winter, he prepared for college under the guidance of his brother Chester, a professor in Union College, and was graduated from that institution with honor in 1832.
After studying law with Judge (afterward Chief Justice) Church in his native town, he was admitted to the Bar in 1837, and opened an office for practice, after teaching for a short time in the Academy there. In 1849 he removed to Danbury, and at once attained a wide and successful practice. Of fine personal appearance, with a ceremonious courtliness of the old school, a ready man of business, industrious by instinct, sound of judg- ment, and careful in advice, seizing and presenting in an effec- tive way the strong points of a case to the jury, and securing the confidence of the court by the general justness of his legal propo- sitions, he always stood well in the ranks of his profession, to which he was greatly attached, and whose honor and welfare no one had more nearly at heart. A man of instant impressiveness, his native power was constrained by a caution so guarded and ingrained that he sometimes failed to give in expression the full force of his thought. Conservative by nature and apt to keep his own secrets well, he was open, candid, and thorough in his dealings with his clients, whose lifelong fealty he held when they realized the virtue of his wise and peace-loving counsels.
In the public service he filled many functions, beginning with all the various and useful apprenticeships of the country lawyer. As town clerk, judge of probate, school visitor, trustee of the State Normal School, member of the State Board of Education, member of the Legislature, presiding officer of the Senate, and in other offices of trust, he discharged his official and fiduciary duties with acceptance.
In the spring of 1861 he was a prominent leader of the political party which opposed the election of President Lincoln, but the instant the news came of the assault on Fort Sumter, he hastened to fling his flag to the breeze, first of his townsmen, and waiting for no following. Thenceforth he devoted himself enthusiasti- cally to the success of the Union arms.
After the war his participation in public affairs and the care of private trusts prevented that devotion to strictly legal pur- suits so essential to the highest success in his profession. His
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interest, however, in everything tending to its welfare remained unabated. He was one of the organizers of the American Bar Association, and an active participant in its proceedings up to the year of his death. He was for several years acting chairman of the Bar of his county. A good parliamentarian, prompt, decided, and dignified, he was often chosen to preside in public assemblages.
He married in October, 1844, Maria D. White, of Danbury, who died in February, 1860. In September, 1861, he married Mary A. Perry, of Southport, who survives him. He left four children, two sons and two daughters, the sons following their father's profession-John, the only son living, being the present clerk of the Superior Court of New London County.
Mr. Averill died at Danbury, December 9th, 1883, at the ripe age of seventy-four, untouched by the infirmities of old age.
OLIVER A. G. TODD.
Oliver A. G. Todd was born in Plymouth, Conn., in October, 1812. When a young man he moved to Litchfield and entered the law office of the late Chief Justice Church. He was admitted to the Bar in 1833, and at once opened an office in New Milford, where he soon had a considerable amount of practice. Later he moved his family to Bethel, and opened an office in Danbury in the old Stebbins Block, which stood on the site of the building now occupied by George Kinner the druggist. Here he con- tinued practicing for a number of years, and subsequently moved his family to Danbury, where he remained in the practice of his profession until his death, which occurred on August 14th, 1886, from a sudden attack of apoplexy.
Mr. Todd was married twice, his first wife being Mary Ann Pierpont, of Plymouth, who died in 1865. He afterward mar- ried a daughter of Mr. Charles Sturges, of Danbury. Seven children survived him.
He was for several years "trying justice" of the town. He was a painstaking and useful lawyer and magistrate.
DAVID B. BOOTH.
David Belden Booth was born April 19th, 1824, at Danbury, in which town he lived during the greater part of a useful life, and where he died on January 2d, 1889.
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He was the son of Reuben Booth, and was from his boyhood familiarized with the profession in the practice of which his life was spent. He entered Trinity College in 1840, but was obliged on account of ill health to leave that institution when in his Junior year. He studied law in his father's office, and was admitted to the Bar in August, 1846. For a short time he prac- ticed in the city of New York, but soon returned to Danbury, and immediately attained in both law and politics a prominence which he retained until his death. In the field of law, while skilled in the actual trial of causes, he was especially eminent as an adviser and counsellor and as an expert draughtsman of legal papers. His knowledge of the statute law was almost un- equalled, and was so ever-present in his mind that a printed copy was well-nigh superfluous in his office.
Courteous in his manners, very retentive in his memory, ready and disinterested in counsel, he attracted around him a large number of personal friends and clients who always sought his aid when in need. The same qualities which gave him success as a counsellor made him conspicuous in politics. He was for many years one of the most active and prominent Republicans in this part of the State. His capability and popularity caused him to be elected to many of the principal offices in the gift of his fellow-townsmen.
He represented Danbury in the General Assembly in the years 1863, 1864, 1872, and 1880 ; was town clerk and Judge of Pro- bate for many years, and was elected the first warden of the borough of Danbury. He was also clerk of the Senate in 1854, and one of the revisers of the General Statutes in 1866 and in 1875.
Mr. Booth was married July 6th, 1866, to Julia Richards, of Farmington, Conn., who with four children survives him, the eldest son, John R., also following the legal profession.
WILLIAM F. TAYLOR.
William F. Taylor was born in Augusta, Ga., October 27th, 1823. His father, Francis C. Taylor, was a direct descendant of Thomas Taylor, one of the first settlers and patentees of Dan- bury.
Mr. Taylor removed to Danbury with his parents at the age of eight years, where he attended the public schools, entering
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Yale College when sixteen years old. After one year at that institution he entered the Sophomore Class of Trinity College, graduating therefrom in 1844 with honors. He was considered one of the best Greek and Latin scholars of his class.
On leaving college he entered the law office of the late Gov- ernor Charles Hawley, of Stamford, where he remained for one year, subsequently studying with the late S. H. Hickok, of Danbury. He was admitted to the Bar in August, 1846, and immediately began the practice of law at Danbury.
In 1848 he received the degree of Master of Arts in Trinity College. In 1850 he was appointed State's Attorney for Fairfield County. In 1852 he was elected Democratic Presidential Elector for the Fourth District of Connecticut, and was also chosen State Senator for the Eleventh Senatorial District. In 1865 he was the Democratic nominee for Congress for the Fourth District, and although defeated, ran some hundreds ahead of his ticket. He also held a number of minor political offices.
Mr. Taylor was an indefatigable worker, and was endowed with a persistency and industry which soon won for him as large a practice as any lawyer in Danbury. This characteristic showed itself on the first day he entered his profession. He took the oath and immediately went to the Bar and tried his first case.
He was married September 16th, 1866, to Isabella Meeker, of Danbury. Three children were born to them, two daughters and one son, Howard W., who is also a member of the Bar. Mr. Taylor's death took place on October 4th, 1889.
WILLIAM BURKE.
William Burke was born in Ireland in 1820, and came to this country when seventeen years old. He located in New Milford, and after working at his trade as a shoemaker for a number of years, he qualified himself by hard study for a professional life, and was admitted to the Bar of Litchfield County after entering upon his fortieth year, a striking illustration of the position which a self-made man may achieve by perseverance and deter- mination.
Mr. Burke removed to Danbury in 1869, and resided there continuously until his death, which occurred on August 22d, 1890, after nearly two years of patient suffering from lingering disease. He left a widow surviving him, but no children.
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On his removal to Danbury he entered into business relations with the late William F. Taylor, and afterward formed like associations with the late Roger Averill and David B. Booth respectively. In 1874 Mr. Burke was elected Judge of Probate for the District of Danbury, holding the office from July, 1875, until January, 1877. In 1880 he became Town Clerk, and upon the passage of the present liquor law, in 1882, he was appointed Prosecuting Agent for Fairfield County, holding the office until his death. When the Borough Court was organized in 1884, he was appointed Prosecuting Attorney, although of an opposite political faith to the then dominant party, and continued in this position until his death. Incidentally he held the office of Jus- tice of the Peace.
In social matters his kindness of heart, his ever-ready smile and cordial bearing, his bright and sunny disposition, and his uprightness and strength of character made him many warm friends who will long cherish a pleasant memory of him whose life has been thus briefly sketched.
ARTHUR H. AVERILL.
Arthur H. Averill was the son of Roger and Maria W. Averill, and was born in Salisbury, Conn., on July 6th, 1841. He was graduated at Yale College in the Class of '69, and commenced the practice of law in Danbury with his father in the old office once occupied by Governor Booth. After his father's death, in 1883, he continued the practice of the law until his decease.
At the time of the organization of the Borough Court Mr. Averill was appointed Assistant Prosecuting Attorney, and held that office until the death of the late William Burke, in 1890, when he was appointed Prosecuting Attorney. This office he held until 1893. He was also for several years a Justice of the Peace, and tried many cases in that capacity.
His death occurred on August 9th, 1894, after a short illness from heart disease. He was unmarried.
Mr. Averill was a man of kindly disposition, strong prejudices, and very marked individuality, and to those who knew him inti- mately he was a warm friend. He had a liberal education, and was remarkably well read, and he loved his profession with a zeal and enthusiasm which is seldom equalled.
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Other attorneys who have practiced in Danbury at various times are as follows :
Epaphras W. Bull came to Danbury from Hartford about 1800, and removed to Ohio in 1841.
Moses Hatch came to Danbury from Kent. He was an able lawyer and defended the negro Amos Adams, who was hanged at Danbury in 1817. He soon after removed to Kent, where he died.
John R. Farnham located in Danbury in 1877, where he re- mained until 1884, when he removed to Washington, D. C., where he is at present residing.
Allan W. Page practiced for a few years in Danbury in part- nership with David B. Booth. In 1885 he removed to Bridge- port, where he is at present.
Frederick B. Hungerford located in Danbury in 1889, and re- mained for about three years, when he removed to East Hamp- ton, Mass.
Thomas P. McCue commenced practice in Danbury in 1888, and remained about three years, when he removed to the West.
John A. Toohey was admitted to the Bar in 1887 at Danbury, and practiced for about two years, after which he moved to Rockville, Conn.
Frederick S. Barnum came from Brewsters, N. Y., in 1889 and opened an office in Danbury, which he kept for about two years, when he returned to Brewsters.
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