History of Litchfield county, Connecticut, Part 6

Author: J.W. Lewis & Company (Philadelphia, Pa.)
Publication date: 1881
Publisher: Philadelphia : J.W. Lewis & Co.
Number of Pages: 1532

USA > Connecticut > Litchfield County > History of Litchfield county, Connecticut > Part 6

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" ASA CHAPMAN .- The next judge in seniority was Asa Chapman, of Newtown, in Fairfield County. For several years before he received the appointment he practiced to some extent in this county, and was, of course, well known here. He was the father of the late Charles Chapman, of Hartford. He was somewhat taller than the son, and, with his bald head, white locks, thin face, and gray eyes, he resembled him not a little in personal appearance, but he had none of that bitterness of manner or spirit which characterized the efforts of the younger Chapman. He was an Epis- copalian in religious faith, and he had very naturally fallen into the ranks of the new party, and, being well qualified for the place in point of legal ability, he made a very acceptable and popular judge. He was a man of good humor, genial temper, and great colloquial powers, which he exercised very freely on the trial of cases. If a lawyer undertook to argue a case before him, he soon found himself engaged in a friendly, familiar conversation with the judge, the evident intent of the latter being to draw out the truth and justice of the case. His administration was very popular, and his early death was greatly deplored. He died of consumption, in 1826, at the age of fifty-six years.

"JEREMIAH GATES BRAINARD, of New London, the father of the poet Brainard, was next in seniority on the bench. He had been a member of the old court from 1807, and he was elected to the new court under the circumstances which I have mentioned. He was a man of no showy pretensions, very plain and simple in his manners, and very familiar in his intercourse with the bar. He affected very little dig- nity on the bench, and yet he was regarded as an ex-

cellent judge. He despatched business with great facility, and implicit confidence was placed in his sound judgment and integrity. He resigned his place - on the bench in 1829, his health not being equal to the duties of the office, having served as judge for twenty-two years.

"WILLIAM BRISTOL .- Of all the judges on the bench, William Bristol, of New Haven, was the youngest in years as well as in rank. He had not been much known as a lawyer out of the county of New Haven, and, of course, his coming here was looked for with considerable interest. He evidently had a high sense of judicial dignity, his manners on the bench being very taciturn, approaching severe- ness, very seldom speaking except to announce his decisions in the fewest possible words, and I doubt if any one ever saw him smile in conrt. His decisions were sound and well considered, and upon the whole his administration was respectable, although he could not be said to have had much personal popularity with the bar.

" DAVID DAGGETT .- The decease of Judge Chap- man and the resignation of Judge Bristol in 1826 created two vacancies in the court which were to be filled at the session of the Legislature of that year. The same party which had effected the change in the government of the State and in the constitution of the court was still in power, but nearly all the eminent lawyers in the State adhered to the Federal party. Probably the most obnoxious man in the State to the dominant party was David Daggett, not so much from personal dislike as from his prominence in the ranks of his party. His talents, integrity, and high legal abilities were eoneeded by every one, but when the Legislature assembled there was probably not a man in the State who locked to his election as a judge.

" There were a few men in the State belonging to the toleration party who felt deeply the importance of having a reputable court, and who, on this ques- tion, were willing to forego all party considerations. Morris Woodruff, of Litchfield County, Thaddeus Betts and Charles Hawley, of Fairfield County, Wal- ter Booth, of New Haven County, and Charles J. Me- Curdy, of New London County, were men of that stamp; and it was through the influence of these men, and of others of less prominence, that David Daggett was elected a judge of the Supreme Court. The same influences, exerted by the same mnen, se- cured the election of Judges Williams and Bissell, three years later.

" After the election of Judge Daggett was effected no one seemed to care who the other judge might be, as with Chief Justice Hosmer at the head of the court, and Judge Daggett as an associate, it was felt that it could have a highly respectable character. The Hon. James Lanman received the appointment, but after a short term of service resigned.

"JOHN WELCH .- The junior judge of the court

HISTORY OF LITCHFIELD COUNTY, CONNECTICUT.

was the Hon. John Welch, of Litchfield. He was a native of the parish of Milton and a graduate of Yale · College in the class of 1778,-a class which is said to have produced more eminent men in proportion to its numbers than any other which ever graduated at that institution. Joel Barlow, Zephaniah Swift, Uriah Tracy, Noah Webster, and the last Governor Wolcott, with many other distinguished men, were of the class.

"Judge Welch never entered either of the profes- sions, but he lived to a very great age. He was ap- pointed a judge of the County Court in the place of Cyrus Swan, Esq., of Sharon, who had resigned his position on the bench of the court in 1819. Judge Welch continued on the bench till he became dis- qualified by age in 1829. He made no pretensions to legal learning, but liis decisions were based on a fair, impartial view of the questions as they came up. He always gave reasons for the opinion he had formed, always made himself well understood, and his candor, fairness, and sound judgment were admitted by all.

"JUDGES BURRALL, WOODRUFF, AND BOARD- MAN .- In 1829, when Judge Welch must retire on account of his age, it was deemed proper by the Legis- lature to make new appointments of both associate judges. Judge Strong had been twelve years on the bench, and in his place William M. Burrall, Esq., of Canaan, was appointed senior associate judge, and Gen. Morris Woodruth took the place of Judge Welch. The court continned thus organized till the resigna- tion of Judge Pettibone, when, not only with the consent, but with the decided approval, of both asso- ciate judges, David S. Boardman, Esq., of New Mil- ford, was taken from the bar and installed chief judge of the County Court, which as then constituted held a high position in public confidence.

"JABEZ SWIFT was the first lawyer who settled in Salisbury. He was a native of Kent, and upon the breaking out of the war of the Revolution he joined the army in Boston, and there died.

" ADONIJAH STRONG was a pupil of Mr. Swift, and succeeded him in practice. Col. Strong was a man of vigorous mind, had a large practice, but possessed none of the graces of eloquence. For many years he was an efficient magistrate, and a member of the Gen- eral Assembly. He died in February, 1813.

"JOSEPH CANFIELD, EsQ., commenced his profes- sional studies with Col. Strong, and finished them at the Litchfield Law School. He commenced his prac- tice at Furnace Village, in Salisbury, about the year 1789. Mr. Canfield was a gentleman of graceful manners and good talents; he died in September, 1803, having been several times a member of the As- sembly.

" MARTIN STRONG, of Salisbury, son of Col. Adon- ijah Strong, of that town, was a lawyer of the olden time, of whose wit, as well as blunders, many stories were rife fifty years ago. Col. Strong had four sons, all of whom entered into professional life,-two as

clergymen, and two as lawyers. His son, the Rev. William Strong, was father of the Hon. William Strong, of Pennsylvania, now one of the associate justices of the United States Supreme Court. Judge Martin Strong had been a member of the bar for sev- eral years, but had never made a very high mark in his profession ; in fact, he had never devoted himself assiduously to the discharge of its duties. He owned a very large and valuable farm on the town hill in Salisbury, and his principal business was to attend to that. When he came upon the bench he seemed to have a recollection of a few plain legal maxims, but his method of applying them to cases was not always the most skillful. He was a man of immense physi- cal dimensions, and when he had taken his seat on the bench he sat in perfect quiet until the loud proc- lamation of the sheriff announced the adjournment of the court. He remained in office till IS29, when William M. Burrall, Esq., of Canaan, took his place.

" ASA BACON was a native of Canterbury, and came to Litchfield as early as 1806, after a short period of practice at East Haddam, and for a while was a part- ner of Judge Gould. In 1820 he had become a leading spirit at the bar. He had a fine personal appearance, being tall and well proportioned, and usually richly dressed. The first time I saw him before the jury his head was well cased in powder and pomatum, and a long queue was dangling at his back ; but he soon laid aside this conformity to old-time fashions, although he was the last member of the bar to do so. He was undoubtedly a very hard student, and his briefs were the result of extensive and faithful study. He was not a very fluent, but was after all an interesting, speaker. He would sometimes interlude his argn- ments with specimens of drollery and flashes of wit, and the expectation that these would be put forth se- cured a very strict attention from all his hearers. He frequently quoted passages of Scripture and com- mented upon them, not always irreverently, but some- times with rather unbecoming levity. He was a mortal enemy of universal suffrage, and once in commenting upon the parable of the talents he called the bailee of one talent who had hid it in the earthı a universal suffrage man. He was a genial, jolly, companionable man, and, although not addicted to excessive liberality in his benefactions, still kept himself in good standing while he remained here. When he had reached the age of sixty years he was appointed president of the branch of the Phoenix Bank, located in Litchfield, and after that was never seen professionally engaged in court. The last years of his life were spent in New Haven, where he died at a very advanced age.

"GEN. ELISHA STERLING was a native of Lyme and a graduate of Yale College in the class of 1787. He studied law with the Hon. John Canfield, of Sharon, who was his father-in-law, and settled in Salisbury in 179I. He was a man of a high order of talent, and had he addressed himself solely to professional points would probably have stood at the head of the bar in

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this county. But he loved money and gave much of his time to different kinds of business, and acquired great wealth for those times. Notwithstanding this propensity he had an extensive practice and was en- gaged in most of the cases coming from the northern portions of the county. He was a ready speaker, not very select in the choice of his words, and not elo- quent by any established rule of elocution, but there was a kind of impetuosity in his manner, accompanied by a rapid but distinct utterance of language, which gave him. popularity as an advocate. He was ap- pointed State's attorney in 1814, and held the office six years, when Seth P. Beers, Esq., was appointed in his place. He retired from practice soon after, and died in 1836, at the age of seventy-two years. His wealth enabled him to indulge the strong taste he had for a handsome style of living and equipage, and in that direction his mind had strong aristocratical tend- encies.

" DAVID S. BOARDMAN was a native of New Mil- ford, and settled there in the practice of law after his admission to the bar, in 1795. He was a man of re- tiring disposition, in no way giving showy display of his powers, but he was a finished legal scholar, and was deemed a very safe and prudent professional ad- viser. He had a very nice literary taste, and the least grammatical blunder by a judge or lawyer at- tracted his attention and frequently his ridicule. His arguments were pointed specimens of perspicuity, precision, and force, but he failed to attract much at- tention as an advocate through a defect of vocal power. His voice was feeble and coukdl scarcely be heard except by those who were near him. He had a high character for moral reetitude, and his four or five years' service at the head of the County Court gave it a dignity and moral power which in other years it had scarcely obtained. Sketches from his pen descriptive of some of the members of the bar in this county of the last century may be found in the beginning of this chapter. Hle was a college classmate of Asa Bacon, and they were warm personal friends. He lived to the great age of ninety-seven years.

" PHINEHAS MINER, the last, because the youngest, of the class of lawyers to whom I have referred, le- serves a much more extended notice than I shall be able to give him. His amiable and genial temper as a man seemed to make him very popular as a lawyer. Fidelity to his clients and a laborious attention to their interests was a marked trait in his professional career. Ile commenced practice in Winchester, his native town, and had there acquired a good standing in his profession, when he came to Litchfield in ISI6. Hle had an extensive practice and was noted for the dili- gence with which he pressed every point, however unimportant, which could be made to tell in favor of his client. His arguments were generally extended to a great length, and I have known him to receive n gentle hint from the judge recommending a condensa-

tion of his thoughts. He died in 1839, at the age of sixty years, and Mr. Day, the reporter, gives a flatter- ing estimate of him in a foot-note on 134th page of the 13th volume of Connecticut Reports.

" WILLIAM G. WILLIAMS, of New Hartford, stood as high as any member of this class. He belonged to the eminent and reputable Williams family, of Massa- chusetts, his father being a nephew of Col. Ephraim Williams, the founder of Williams College, and him- self the first cousin of Bishop Williams, of the Epis- copal Church of Connecticut. As a special pleader he had no superior at the bar. He had a tolerably fair standing as an advocate, and was indefatigable in pursuing to the last possible effort any purpose he had undertaken. If he failed in one form of action he would try another, and never gave up till further per- sistence was hopeless. He commeneed business as a lawyer in Sharon, where he married, but after a few years he removed to New Hartford, where he re- mained during his life. He had scarcely reached the age of sixty years when he died.

"JOHN STRONG, JR., of Woodbury, his native town, was a lawyer of very fair standing. I remember once to have heard Judge Boardman say ' that if he found John Strong differing from himself on a law point, he always doubted the correctness of his own conclusions.' He was a ready speaker and had a peculiar habit of looking all over the hall, frequently directly behind himself, while he was addressing the jury. His argu- ments were clear and logical, and he was always lis- tened to by the court with attention. Hle had scarcely reached the age of fifty years when he died.

" CALVIN BUTLER, of Plymouth, had a very good reputation as a lawyer. Ile also stood well with his fellow-citizens of Plymouth, as he was often a mem- ber of the Legislature, and he was of the convention of this State. He was also a member of the Senate in 1832. He had a part in all enses which came from that town and managed a trial very well. He was earnest in his manner of addressing the jury, and he was in full practice up to the time of his death, when he had reached the age of seventy-two years. He died suddenly while away from home, and left behind a good record as a faithful lawyer and an honest man.

"CYRU's Swas, of Stonington, came to the bar of this county in 1798. Ile settled in Sharon, and con- tinued in full practice for twenty years. He was ap- pointed a judge of the County Court in ISIS, and renp- pointed for the succeeding year, but resigned the of- fice before the close of the term. His health becom- ing intolerant of sedentary habits and requiring out- door pursuits, he never resumed full practice, although he occasionally appeared in trials where his old friends demanded his aid. His arguments were clear, souml, and sensible, and were listened to with attention. Ilis mind was well stored with sound legal maxims, and his aim seemed to be to make a sensible applica- tion of these to the case in hand. He died in 1885, at the age of sixty-five years.

HISTORY OF LITCHFIELD COUNTY, CONNECTICUT.

"JOSEPH MILLER, of Winsted, who died recently in Michigan at a very advanced age, was a man of moral talent and of a higher order of legal acquire- ments than he usually had credit for. After the re- moval of Mr. Miller to Litchfield his practice was large, and continued to be so for several years. His arguments were short, compact, and logieal, and were listened to with attention and interest. In middle life he removed to Michigan, where he bad a pros- perous career.

" WILLIAM M. BURRALL, a native, and through life a resident, of Canaan, was a lawyer of very ex- tensive practice in one branch of business. He com- menced a great many cases to the court, but never argued one on the final trial. He would sometimes argue motions for continuance or for other purposes, and his success on such occasions showed that he had underrated his own powers. Although he did not argue his cases, he was the master-spirit in managing all the details of the trial, in what order witnesses should be called, and the points of testimony brought out. His associates depended greatly on his skill in conducting this part of the proceedings. He had a kind, affable, and winning way in his social inter- course, and his offices were employed in adjusting and settling legal controversies. He acted as committee and arbitrator in more cases than any other member of the bar of his time, and if a desire to make him- self as indifferent as possible to all parties sometimes seemed to hold him back from decisive action, he always, in the end, showed true firmness and integrity. He was an associate judge of the County Court from 1829 to 1836, and after that chief judge for ten years. He died at the age of seventy-seven years.

"COL. WILLIAM COGGSWELL, of New Preston, a very worthy and respectable gentleman, was a mem- ber of the bar, and was very seldom absent from the courts. He never engaged in the trial of a case, and very seldom spoke to the bench, but he was always a busy man in the court-room. He was one of the electors who cast the vote of Connecticut for John Quincy Adams for President in 1824. He died before he had reached a very advanced age.

"SETH P. BEERS .- When I came to the bar, in 1820, Seth P. Beers, Esq., was in full practice. He was appointed State's attorney soon after, but re- signed in three years, having been appointed commis- sioner of the school fund, which office he held for twenty-five years. I have heard him say that at some terms of the court he had commenced as many as one hundred and fifty cases, and he was very thorough in all matters committed to his trust. His talents as an advocate were respectable, his briefs being very full and his knowledge of every minute point being very complete.

"PERRY SMITH, of New Milford, held a somewhat prominent place at the bar, and his practice was ex- tensive. So many different estimates have been made of Mr. Smith's real qualities that it is difficult to

speak of him with any very strong assurance of cor- rectness. That he had talents and friends the success which he achieved both as a lawyer and a politieian renders certain, but those who remember the time of his professional experience here know that he had enemies, and such would be the natural result of the unrelenting bitterness with which he pursued his ad- versaries in his efforts before the courts. There was a bitterness in his invectives, a persistence in his perse- cutions, an implacability in his enmities, which gave a decided character to his professional career, and which insured to him the enmity of all against whom his efforts were directed. Ile was always listened to with a kind of inquisitiveness as to what new fountain of bitterness he would open, or what new invectives he would invent to pour out upon his adversary. These were sometimes directed against the opposing counsel as well as the opposing party, and upon the whole he incurred a great amount of hatred. I am only speaking of what occurred in court, and express- ing the opinion which we would form in witnessing his professional conflicts. It cannot be doubted that he had many friends and supporters outside of this scene of action, and it is not unlikely that he was as warm and constant in his friendships as he was bitter and unrelenting in his hatreds. After his election to the United States Senate he retired from the bar and was very seldom seen here.

" ROGER MILLS, of New Hartford, was at one time a partner with Mr. Williams, of whom we have already spoken, from whom he differed in every re- spect except that both held the position of honorable and worthy gentlemen. Mr. Mills was slow in his conception of thoughts, slow in all the movements of his mind, and very slow in the delivery of his argu- ments, and yet when all his duties in a case were ac- complished it would be seen that he had made a cred- itable effort, and that he was far from being a lawyer of indifferent pretensions. His son of the same name succeeded him in the practice of law at New Hart- ford, but has since removed to Wisconsin, where he has had a successful career.

MICHAEL F. MILLS was born in Norfolk, March 22, 1776. He was the youngest of a family of nine children, all of whom attained advanced age except one brother, who died in early life. Mr. Mills sur- vived all of them and most of his early friends, and at the time of his death, with one exception, the late Deacon Amos Pettibone, was the only male first de- scendant of the original landed proprietors of Nor- folk. The other members of the family were born in the town of Simsbury, Hartford Co., from whence Mr. Mills' parents as well as many others of the first settlers of Norfolk emigrated.

Mr. Mills, never having lived out of his native town and never having held any high public station, may not have been as publicly known out of his own town and county as many other men less gifted, but so far as his townsmen could testify their respect and con-

Michael J. Mills

BENCH AND BAR.

fidence in him they did so by elevating him to every place of trust and responsibility within their gift. He represented his town in several sessions of the Legis- lature, was appointed judge of probate in 1822, and held the office twenty years; in 1812 was appointed justice of the peace and officiated in that capacity until he was seventy years of age. He was the first postmaster at Norfolk, appointed by Thomas Jeffer- son in 1804. At that time the mail only arrived twice a week in Norfolk, and only two papers were received at the office,-the Connecticut Courant and Litchfield Monitor.

Mr. Mills never figured conspicuously as an advo- cate in the higher courts, but was regarded by the ablest lawyers as one of the best men in the State to prepare a case. Most people know how very liable members of the legal profession are to make enemies in discharging the duties of their calling, but in this Mr. Mills was peculiarly fortunate. Being of a happy and generous disposition, whatever he said or did never partook of ill-will or malignity.

Mr. Mills died Aug. 2, 1857, and a friend, in speak- ing of the departed, says, "As might be expected, the funeral obsequies of the deceased were solemn and impressive to his friends and neighbors and particu- larly to the aged inhabitants of the town. The funeral discourse was delivered by Rev. Joseph Eldridge. We have attended a great many funerals, but seldom one where we have seen so large a number of mourning relatives, a circumstance that goes to show the antiquity of the family in the town." Mr. Mills was interred in the old burying-ground, where his remains rest amidst departed kindred and friends.

Gen. Charles F. Sedgwick, in speaking of Mr. Mills, says, "He never attempted to argue eases in the higher courts, but on the trial of motions as they came before the courts he was very prominent. We all thought well of 'Uncle Mich,' as we used to call him, and so did the people of Norfolk, for he was always a promi- nent man in the affairs of the town. He was a mem- ber of the Legislature in 1830 and 1831."

Two daughters of Mr. Mills survive,-Mrs. Jolin A. Shepard and Mrs. John K. Shepard.

"EDWARD AIKEN resided in Norfolk, and gained some prominence at the bar.

" CHARLES B. PHELPS settled in Woodbury soon after his admission to the bar, nearly sixty years ago. lle continued in practice while he lived. He died suddenly from n disease of the heart, at the age of seventy-two years. He held a respectable position as a lawyer, and for two years was a judge of the County Court while that court was holden by a single judge. All who knew him have a very pleasant memory of his genial humor, pertinent anecdotes, and witty and pungent sayings. The younger members of the bar were delighted with his company, and all deeply de- plored his sudden deathı.

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History of Litchfield county, Connecticut, Part 6

Author: J.W. Lewis & Company (Philadelphia, Pa.) Publication date: 1881 Publisher: Philadelphia : J.W. Lewis & Co. Number of Pages: 1532

Author: J.W. Lewis & Company (Philadelphia, Pa.)
Publication date: 1881
Publisher: Philadelphia : J.W. Lewis & Co.
Number of Pages: 1532