History of Middlesex county, Connecticut, with biographical sketches of its prominent men, Part 9

Author: Whittemore, Henry, b. 1833; Beers, J.B. & Company, publishers
Publication date: 1884
Publisher: New York : J. B. Beers & co.
Number of Pages: 818

USA > Connecticut > Middlesex County > History of Middlesex county, Connecticut, with biographical sketches of its prominent men > Part 9

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Dr. Ely won the love, respect, and adiniration of all with whom he became intimately associated, and was idolized by the soldiers. He excelled as a conversation- alist, and in the practice of his profession was character- ized by zeal and humanity. The amiable traits of his character, his generosity, and self-sacrificing devotion to his country and humanity-sadly enough-were the cause of shortening his life, and embittering his last days. He left two sons and three sons-in-law in the profession.

Dr. Cone, a student of Dr. Elisha Mather, succeeded Dr. Ely, and practiced many years.

Horace Burr, a native of Haddam, graduated at Yale Medical Institution in 1842, and located in Westbrook, where he practiced about thirty years and then removed to Wilmington, Delaware.

Gersham C. H. Gilbert, a native of Mansfield, A. B., Yale, 1841, M. D., Yale, 1844, practiced in Portland till 1866. He is now practicing in Westbrook.

Thomas B. Bloomfield, a graduate of College of Physi- cians and Surgeons in 1876, late physician in the Insane Hospital, is now practicing in Westbrook.

GENERAL, HISTORY.

CHAPTER VI.

THE BENCH AND BAR OF MIDDLESEX COUNTY.

BY A. W. BACON, EsQ.

A T THE time of the formation of Middlesex county in 1785, it occupied a commanding position in the affairs of the State. The city of Middletown was in- corporated in 1784, one year previous, being at that time the leading city in the commonwealth. Middletown soon becanie the most prominent port of entry upon the Connec- ticut coast. Its commerce was large, its tonnage great, and its importations far in advance of those ports which have since made flourishing commercial centers. For these reasons, and others which it is not necessary to mention, the county of Middlesex, from its existence, became at once an important field of litigation. Large interests were involved, great principles at stake, which had not been settled and fixed by the commercial law of a coun- try just springing into existence. As may well be sup- posed, therefore, in the three or four decades on from 1785, the county of Middlesex furnished to the courts of this State some of the most important cases ever deter- mined by her system of jurisprudence. Great, not only in consequence of the amount of money involved, but greater still b- reason of the principles of commercial law submitted and determined, a law then in its infancy on this side of the Atlantic. As a natural consequence Middlesex county became the abode of many eminent men learned in the law. And not only so but the most illustrious attorneys in the State were accustomed to prac- tice at its bar. The Shermans, the Betts, the Ingersols, the Staples, and scores of others whose fame is bright in our annals appeared often as counsel at the sessions of the Superior Court in this county. It is safe to affirm that the old Court House in Middletown has resounded with as fine specimens of forensic eloquence as were ever heard in any tribunal where the English language is spoken.

The terms of the Superior Court were then different from those held at present. By the statutes of 1796 it was provided that in the county of Middlesex a term of the Superior Court should be held in each year at Had- dam on the last Tuesday of December and at Middle- town "on the last Tuesday save one in July." There were, besides, two terms of a County Court held on the second Tuesday of November at Haddam and on the first Tuesday of April at Middletown. This arrangement of terms of courts, with some modification as to time, con- tinued until 1855, when the County Court was abolished, and two additional terms of the Superior Court estab- lished.

The account of the attorneys who flourished in this county in the early part of the present century, which is hereto appended, is derived mainly from Dr. Field's " Centennial Address," delivered at Middletown in 1850, and the appendix to that valuable hand-book of local historic information.

Titus Hosmer was a native of Hartford. He was dis-

tinguished while in Yale College for his scientific and linguistic acquirements, as well as for his literary bril- liancy. He graduated from that institution in 1757, and probably settled in Middletown about 1760. Although he possessed a poetic genius, the profession which he chose led him to cultivate the powers of the understand- ing rather than of the imagination. In the practice of his profession faithfulness to his clients, and strong powers of reasoning soon raised him to high esteem with the bar and court, and secured him not only much pro- fessional business, but civil positions of honor and im- portance.

Beside the ordinary town offices and the commission of the peace which he held, he was annually elected a representative in the General Assembly from October, 1773, till May, 1778, after which he was chosen an as- sistant every year till his death, in 1780. In 1777, he was Speaker of the House of Representatives, and exer- cised great influence with the Legislature in favor of the adoption of vigorous measures against Great Britian. During a part of the Revolutionary war he was a member of the Council of Safety, and in 1778, he was a member of the Continental Congress. In January, 1780, he was elected one of the three judges of the Court of Appeals, that was established by Congress principally for the re- vision of maritime and admiralty cases in the United States. It was understood that one of these judges was to be from the southern, one from the middle, and one from the eastern portion of the country. Mr. Hosmer was chosen from the eastern section, but he never entered on the duties of the office. He died suddenly, August 4th 1780.

The celebrated Dr. Noah Webster named three men as the "Mighties" of Connecticut. These were Wil- liam Samuel Johnson, LL.D., of Stratford, Oliver Ells- worth, of Windsor, Chief Justice of the United States, and the Hon. Titus Hosmer, of Middletown.

In person he was above the ordinary size, and his countenance was expressive. His passions were quick and strong, but were held under subjection to his stronger will. He was fond of conversation, and was extensively acquainted with men and books; and he often entertained at his house groups of friends who courted his society. In deliberative bodies he was always heard with that attention and pleasure which lu- cid and manly argumentation, along with probity and patriotism, always receive. He was, in short, a gentle- man of the most polished and engaging manners, of correct moral habits, a thorough scholar, a learned, eloquent lawyer, and a sound, practical statesman.

Two sons of Hon. Titus Hosmer became lawyers: Stephen Titus Hosmer, and Hezekiah Lord Hosmer. The latter practiced in Hudson, New York. The former pursued his studies in Yale College till the suspension of that institution in the Revolution, then completed his collegiate course under Dr. Dwight. He graduated in 1782. He studied law with Hon. William Samuel John- son, and Hon. Oliver Ellsworth, and commenced prac- tice about 1785, in Middletown. He was dependent on

HISTORY OF MIDDLESEX COUNTY.

his own resources, and by the steady exercise of his tal- ents he soon secured a very large practice, which he re- tained till he was appointed a judge of the Superior Court, in 1815. It was his custom to read books con- nected with his profession with such fixed attention, and so repeatedly, page by page, that their contents became indelibly fixed in his memory, and he was able to call up, at will, nearly all the reports of cases referring to any point without consulting his books. By this means he acquired a wonderful memory, which was of great ser- vice in his judicial labors. His briefs were prepared his elocution polished and graceful.

with great care, the points clearly stated, and numerous cases cited. His habits were very regular, each week day being devoted to the study of law, interrupted only by the hour's walk which he daily took. Each evening was devoted to general reading, for which he had the means in a large, miscellaneous library. He was exceed- ingly fond of music, which he studied scientifically, and in the early period of his life, he was for many years a skillful reader of sacred music in the sanctuary. He was repeatedly elected to the council of the State, and other- wise honored by his fellow citizens. Some years before his death, the corporation of Yale College conferred on him the degree of Doctor of Laws.

In 1815, when he was first appointed judge, the Superior Court consisted of a chief judge and eight as- sociates. By the constitution of 1819, it was made to consist of five judges. Mr. Hosmer was appointed chief justice, and three of the former judges and one new judge were appointed his associates. He continued in this exalted position till January 10th 1833, when he arrived at the age of 70, the constitutional limit of his term. He died in Middletown, August 6th 1834.

So far as the opinions of intelligent judicial tribunals and officers are respected in other States than those in which they are pronounced, no judge has left higher claims than Judge Hosmer to the gratitude of those en- gaged in judicial pursuits or studies out of this State. Following the example of several most illustrious judges of this country, particularly of Parsons and Kent, it was often the case that his opinion contained, not only the reasons for the judgment given in the particular case be- fore him, but a collection of the leading cases on the subject generally, and a concise and lucid epitome of the law as involved in them. By this means, although a great portion of the opinion would not, perhaps, be deemed authoritative, the reader was furnished with an abstract of the leading principles applicable to the sub- ject in one connection, and at the same time the de- liberate views of an able jurist, entertained after con- sultation with his fellow judges. These opinions are most full and precise, prepared with much care, ex- pressed with great perspicuity and force, and arranged with entire method; and they constitute so many valuable elementary treatises, so to speak, for the instruction of the judge, practitioner, and student.

His temperament was ardent, but his disposition most friendly and forgiving. Every object of philanthropy, and every case of suffering or want immediately called

forth his sympathy and aid. Among the excellent traits of his character, one of the most striking was his readi- ness at all times to render service, by his advice and investigation, to the younger members of the legal pro- fession who applied to him for assistance. His eager thirst for the improvement of himself and others led him to examine every subject on which he was consulted, and freely to communicate the results of his thoughts and inquiries. His personal appearance was command- ing, his deportment dignified, his manners affable, and

Mr. Samuel Whittlesey Dana, son of Rev .. James Dana, D. D., graduated at Yale College in 1775, and soon after- ward opened a law office in Middletown. He had popu- lar talents, and his appearance at the bar was admired; and had he devoted himself entirely to his profession, he would probably have commanded a large practice; but his friends placed him in political positions: first elect- ing him a representative in the State Legislature, and then in the councils of the nation, so that for a course of years he acted rather as a statesman than a lawyer. He was either a representative or a Senator in Congress through a part of the administration of Washington, through the whole of that of Adams, Jefferson, and Madi- son, and a portion of that of Monroe. He was, in early life, made a brigadier general. In the latter part of his life he was several years mayor of the city of Middletown. He also became presiding judge of the County Court, a position which he held at his death, in July 1830.

Asher Miller was a native of Middlefield. He gradu- ated from Yale College in 1778, with a class that was distinguished for the talent of its members. He ranked well in this class, and after he left college he acquired a proficiency in geology, mineralogy, and chemistry, pos- sessed by few scholars of his time. He became a lawyer in Middletown, and was highly esteemed and honored by the people of that town. He probably commenced the practice of his profession about 1780, and in 1785 he was elected a representative in the Legislature. He was elected many times afterward, and so highly was he esteemed for his legal knowledge and his integrity that he was appointed a judge of the Superior Court in 1793, but resigned in 1795. He was long an assistant, and during many years presiding judge of the County Court and judge of Probate. On the death of Colonel Hamlin, in 1791, he was elected mayor of the city, and he held this position, with his two judgeships, till his death, in December 1821.

Silas Stow was a native of Middletown, and was a lawyer in that town. About 1795 he removed to Low- ville, N. Y., and was afterward a member of Congress. He died in 1827, at the age of 53.

Asahel Hooker Strong, a native of Portland, and a son of Rev. Dr. Strong, was a fine scholar and a good special pleader at the bar; and had he lived he would have been worthy of a seat on the bench of the Superior Court.

John G. C. Brainerd was, for a short time, a lawyer in Middletown, where he was a universal favorite because

GENERAL HISTORY.

of the sweetness of his temper, the correctness of his taste, and his fine conversational powers. He was after- ward editor of the Connecticut Mirror, at Hartford. He shone more as a poet than a lawyer. He was the author of those vigorous verses upon " Niagara," com- mencing with " The thoughts are strange that crowd into my brain."

William Plumbe was a native of the Society of West. field. He graduated from Yale College in 1769, practiced law a short time, became a preacher and a chaplain in the army, and finally a merchant. He died in 1843.

Ezekiel Woodruff, said to be a native of Farmington or Southington, and a graduate of Yale College in 1779, practiced law in Middletown during a few years. He was city clerk from 1786 to 1789, in which latter year he resigned and removed from the city.

Mathew Talcott Russell was a namesake of Col. Mathew Talcott, his uncle by marriage, who was childless. He was educated, at Col. Talcott's expense, at Yale College, where he was, during four years, a tutor. He studied law with Hon. Oliver Ellsworth, and commenced practice in Middletown. Though of delicate health, he was able to attend to his professional affairs, and was ac- curate and methodical in everything. He was entrusted with a large amount of collecting business. He was, during some years, State attorney. He died in 1828, aged about 68.

William Brown was born in Guilford, and graduated at Yale in 1784. He practiced law in Middletown during some years, and was city clerk from 1789 till 1792. He was an able man and was much respected. He died in Hartford in 1803.

Joshua Henshaw was a native of Middletown, and a graduate of Yale in 1785. He removed to Vermont, and thence to Canada.

Enoch Huntington, son of Rev. Enoch Huntington, graduated from Yale in 1785. He was a dean scholar, and a man of superior natural abilities. He was a fluent speaker at the bar. He died in 1826, at the age of 58.

George W. Stanley was born in Wallingford, graduated at Yale in 1793, and practiced law many years in his native town. He removed to Middletown in 1819, and was at one time State attorney. He removed to Cleve- land, Ohio, about 1837.

Alexander Collins, son of General Augustus Collins, of North Guilford, graduated from- Yale in 1795, and studied law in the office of Judge Hosmer. He died in Septem- ber 1815, aged 41, in Vermont. Collinsville derived its name from his sons.

Elijah Hubbard graduated at Yale in 1795, studied at the law school in Litchfield, practiced some years in New London, and returned to Middletown on the death of his father, Elijah Hubbard, Esq., in 1808. He was, during many years, president of the Middletown Bank, and was many times mayor of the city. He died in 1846, at the age of 69.

Chauncey Whittlesey, son of Chauncey Whittlesey, Esq., was a graduate of Yale in 1800, and a dean scholar. He read law with the Hon. Charles Chauncey, of New

Haven, and was admitted to the bar in November 1804. He practiced in Middlesex, and adjoining counties, till 1819, and took an elevated rank among the ablest law- yers in this part of Connecticut. He was made a brig- adier general of militia, having, during the war of 1812, raised a regiment at his own expense. In 1819, he re- moved to Louisville, Kentucky, and thence to New Or- leans. In 1827, he returned to his native town, and after a protracted and painful sickness, died in 1834, at the age of 51.

John L. Lewis, a native of Philadelphia, read law with Judge Hosmer, and was admitted to the bar in 1805. In 1818, he was appointed sheriff of Middlesex county. He afterward removed to Florida, where he died.

William Van Deusen, a graduate of Yale in 1801, studied law in Middletown and Litchfield, and was ad- mitted to the bar as early as 1807. He was commis- sioned a captain by the general Government, and was, for a time, in command of the fort at New London. He died in Middletown, in 1833, at the age of 49.

Levi H. Clark, a native of Sunderland, Mass., gradu- ated from Yale in 1802, and studied law with Hon. Charles Chauncey, of New Haven, and with Asa Bacon, Esq., of Canterbury. He commenced practice in Had- dam in the spring of 1805, but removed to Middletown in 1807 or 1808. He enjoyed a good practice in both towns. In 1816 he removed to Carthage, N. Y., where he engaged in non-professional business, but was unsuc- cessful. He resorted to literary work for support, and was for many years connected with newspapers and other publications in New York city. He died in 1840, aged 57.

Noah A. Phelps, a native of Simsbury, was a law stu- dent with Hon. Elisha Phelps, and was admitted to the bar in Hartford, in 1811. He remained in that city till 1829, when he was appointed collector of customs and removed to Middletown. He was afterward judge of the County Court, mayor of Middletown, judge of Probate, State Senator, and Secretary of Connecticut.

Samuel Ingham was born in Hebron, Conn., September 5th 1793. His preliminary education was received in the common schools, and he was admitted to the bar in Tol- land county, Conn., in 1815. In 1819 he became a resi- dent of Essex, where he resided till his death, November Ioth 1881.

By constant self-reliant labor and upright conduct, he placed himself in a conspicuous position at the bar, where he was distinguished as an advocate before ju- ries.

He was a member of the lower branch of the Legisla- ture from 1828 to 1835, and again in 1851. He was chosen speaker of the Assembly in 1834, 1835, and 1851. In 1843 and 1850 he was a member of the State Senate. In 1835 he was elected to Congress, and was re-elected in 1837. He was four times a candidate for governor of the State, but was defeated with his party. He was dur- ing nine years State attorney for Middlesex county. He declined a position on the bench of the Superior Court and the Supreme Court of Errors. He was commissioner

HISTORY OF MIDDLESEX COUNTY.

of customs in the Treasury Department at Washington from 1858 to 1861.

Major Andre Andrews, a native of Cornwall, studied law with his brother, Benajah Andrews, in Wallingford. He began to practice in Middletown as early as 1815, and was afterward State attorney.

William Hungerford was born at East Haddam, No- vember 22d 1788, and graduated from Yale College in 1809. He was admitted to the bar in 1812, and prac- ticed in his native town till 1829, when he removed to Hartford where he resided till his death, January 15th 1873.

By diligent and unremitting study, Mr. Hungerford ac- quired a remarkable familiarity with elementary treatises on law, and thus paved the position which he came to oc- cupy-that of the head of his profession in the State.

He was distinguished not only for his great legal abil- ity, but for his love of right and his hatred of wrong. His well known sincerity gave him great influence with judges, as well as with his brethren at the bar. It was well known that he would not argue a point that he did not himself believe to be just, or in which he had grave doubts. Another prominent feature in his character was his uni- form courtesy and kindness to his professional brethren. Mr. Hungerford had no taste for political life, though he many times represented his native town, as well as the city of Hartford, in the Legislature. He always declined a position on the bench of any court, but adhered stead- fastly to the practice of his profession during his long life. He was never married.

Jonathan Barnes, a native of Tolland, was born in 1789. He graduated from Yale College in 1810. . He completed his law studies, which he had commenced un- der his father, with Chauncey Whittlesey, of Middletown, in 1813, and from that time till his death he practiced his profession here.

He stood among the first in his profession, and was re- markable for his unremitting industry and close attention to the business entrusted to him. He sought rather to faithfully discharge his duty to his clients than to display brilliant achievements. He had a vast and varied store of legal erudition, and this was so systematized that it was always available. His style of argument was always chaste and polished.

He never lost his love for literature, and by almost daily reading of the classics he kept up his knowledge of them to the end of his life.

He was a profound scholar and was able to read fluent- ly, ten languages.

He never entered the political arena, preferiing the quiet duties of his profession.

Minor Hotchkiss was a native of New Haven, and a graduate of Yale in 1813. He was admitted to the bar in New Haven in 1815, and at once settled in Middle- town. Upon his appearance in Middlesex county he was noted as a young man of talent and promise. He soon became distinguished in his profession, and liis pros- pects were as bright as those of any man of his age in the State. His mind was well stored with knowledge, and his disposition, manners, and habits were adapted to

win affection and secure confidence. In the last two years of his life he represented the town in the State Legislature with credit to himself and to the satisfaction of his constituents. After a long and painful sickness, he died, in 1825, at the age of 34.

Abiel L. Loomis commenced the practice of law in Middle Haddam as early as 1816. After two or three years he went to Killingworth, now Clinton, and ten years later he removed to Middletown. He afterward went to Hartford, where he died.

William L. Storrs graduated at Yale in 1814, read law with his brother, Henry L. Storrs, Esq., at Whitestown, N. Y., was admitted to the bar in New York in 1817, and in Connecticut soon afterward. He was a representative in the Connecticut Legislature in 1827 and 1828, and in Congress from 1829 to 1833. He was Speaker of the House of Representatives in Connecticut in 1834, and was again elected to Congress for two years from 1839; but in 1840 was made a judge of the Superior Court. He was also a professor in the New Haven Law School. The Western Reserve College conferred on him the de- gree of LL. D.

Ebenezer Force practiced law in Middle Haddam du- ring three years from 1819, then removed to Middletown and practiced a short time. He enlisted in the army of the United States, and soon afterward died.

Enoch Thomas Parsons graduated from Yale in 1818, was admitted to the bar in 1822, practiced a short time, and died in 1830 at the age of 30.

Samuel Holden Parsons graduated from Yale in 1819, was admitted to the bar in 1822, and practiced for a time in Middletown.

Samuel Dickinson Hubbard was a graduate from Yale in 1819. He studied at the New Haven Law School, and practiced law some years. He was mayor of the city of Middletown, and a member of Congress.

John Hiram Lathrop was a graduate of Yale in 1819; was a tutor in the same institution, and afterward received the degree of LL. D. He practiced law a short time in Middletown, and afterward became a professor in Ham- ilton College, in the University of Missouri, and presi- dent of the University of Wisconsin.

Ezekiel L. Hosmer, son of Judge Stephen Titus Hos- mer, was admitted to the bar in 1823, and died in 1826, at the age of 24.

Charles Richard Alsop graduated at Yale in 1821, studied law in the office of Jonathan Barnes, Esq., and was admitted to the bar in this State. He then attended the lectures of Chancellor Kent, in New York; studied in the office of Daniel Lord, Esq, an attorney in that city, and was admitted to the bar there. He returned to Middletown in 1832, and in 1843, on the resignation of Noah A. Phelps, Esq., he was elected mayor of Middle- town for the residue of his terni, and was re-elected for two years, after which he declined the office. He was, from the first, active in the promotion of railroad enter- prises, was president of the Middletown and Berlin Rail- road Company, and one of the original corporators of the New York and Boston Railroad Company.

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History of Middlesex county, Connecticut, with biographical sketches of its prominent men, Part 9

Author: Whittemore, Henry, b. 1833; Beers, J.B. & Company, publishers Publication date: 1884 Publisher: New York : J. B. Beers & co. Number of Pages: 818

Author: Whittemore, Henry, b. 1833; Beers, J.B. & Company, publishers
Publication date: 1884
Publisher: New York : J. B. Beers & co.
Number of Pages: 818