USA > Connecticut > Litchfield County > The bench and bar of Litchfield County, Connecticut, 1709-1909 : biographical sketches of members, history and catalogue of the Litchfield Law School, historical notes > Part 14
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34
Directly after the fire in 1886 attempts were made to divide the County or divert the Court to other places, and the town of Litch- field began to erect another Court House which was practically
-
1
WINSTED 1889
COURT-HOUSES
LITCHFIELD 1886 1887
-
LITCHFIELD 1888 3
NEW MILFORD 1889
LITCHFIELD 1798-1886
129
HISTORICAL NOTES
completed about the ist of August 1888. It was a wooden struc- ture somewhat like the former one with good arrangements for court. clerk, jury, judges and attorneys rooms. On the morning of the 8th of August 1888 before it had been turned over to or occupied by the County this also lay in ashes.
Immediately the town took action towards building another Court House and appointed a committee consisting of Hon. Charles B. Andrews, Dr. Henry W. Buel, Henry B. Graves, Esq., with Jacob Morse and Garner B. Curtiss, selectmen of the town. The result of their action is the present building at Litchfield built of stone and practically fire proof with excellent accomodations for all court purposes and presented to the County by the town and accepted by the county commissioners in behalf of and for the county on the IIth of March, 1890.
Meanwhile the agitation about dividing the county and court business continued until finally it resulted in an act of the legisla- ture allowing courts to be held at Litchfield. Winchester and New Milford upon the two latter towns providing suitable accomoda- tions. Whereupon the town of Winchester leased to the county such a building with suitable accomodations for the courts of the county on the 9th of August, 1887 and the town of New Milford also leased such building and accomodations on the 15th day of August, 1887 and the courts are now held at each of said places practically holding court wherever it is most convenient to try the cases.
In 1905 the town of Winchester increased the Court accomo- dations by adding four large spacious rooms and fire proof vault with metal fixtures, making this Court building one of the best in the State for its purposes.
In 1907 a bill was presented before the General Assembly of Connecticut, ordering the removal to Winchester from Litchfield. of the civil records and files of the Superior Court, with the seal and Clerk, making Winchester practically the main office of the Court. It also provided for the removal of all the files of the Com- mon Pleas Court and seal, to the Winsted Court House. The bill, however, failed of passage.
SELECTING JURYMEN.
The Statutes of Connecticut provide for the selection of jury- men for the several towns, and also prescribe the number to which each town is entitled.
Various ways of selecting these men have been provided in former years, but the present method seems to have been more nearly satisfactory than any of the past ones.
The Selectmen of each town are required to forward to the Clerk of the Superior Court during the month of May the names of twice the number the town is entitled to. The Judges at their
I30
LITCHFIELD COUNTY BENCH AND BAR
annual meeting in June appoint two Jury Commissioners to act with the Clerk of the Superior Court, who is by Statute a Jury Commissioner, who meet on the second Monday of July and select one half of the names returned by the Selectmen. These names, so selected, are printed on slips of paper, and those of each town are placed in a box by themselves, and are the names of the men liable for jury duty from each town for the year from the following September first. When a petit jury is required, the Clerk draws them without seeing the name, from such towns as he desires, in the presence of a Judge and a Sheriff.
ABOUT JURIES.
This important part of the Court deserves a very honorable mention. The juries of this County have been composed of the very best class of men ; men of good judgment and sterling common sense, seldom carried away with the oratory or pathos of the ad- vocate or losing sight of the issues of the case.
There are some incidents related of jury trials that tend to show that they are but men and liable to some of the caprices of human nature. The common style of voting blank upon a case by one or more of them on the first ballot is of very little consequence only showing that some people do not form conclusions as rapidly as others.
That the jurymen do not always agree with the Court is illus- trated by a case in which Judge Carpenter in charging the jury remarked "Now gentlemen, if you believe this incredible story you will convict the prisoner, but if you do not believe it you must acquit him." The jury after a long consultation disagreed. Upon receiving further instruction in which the incredible story was dis- credited still more strongly, they again retired and after mature deliberation they still disagreed. Another strong instruction, re- tirement and disagreement, when they were discharged from further consideration of the case. It was ascertained they stood eleven for conviction and one for acquittal.
In another case wherein a man sued an officer for false im- prisonment it was admitted that the officer was liable and the judge charged the jury that they were the ones to assess the damages. The offense was where an officer arrested a drunk and put him in the town lockup over night, intending to try him in the morning; before the trial however the man's friends hearing of his condition went to the lockup opened the door and carried him away. After being out a long time the jury returned much to every ones surprise a verdict for the defendant. The explanation that the jury gave was that the man was rescued by his friends before the officer had had a reasonable time to prosecute the offense.
A man was prosecuted for an assault and battery of rather an aggravated nature : he claimed it was done in self defense. It was
EDWARD W. SEYMOUR.
I31
. HISTORICAL NOTES
shown that the parties had an altercation and the accused followed up the complainant and pounded him. The prisoner admitted it, but claimed he was obliged to follow up for fear that the other man would, as soon as he got a little distance from him, turn around and shoot him. The Jury pondered a long while, then returned to the Court Room for instructions. The foreman said they wished to know how far the law allowed a man to follow up another with a sled stake in self defense.
WITNESSES.
Of course our Courts had all sorts of witnesses to deal with from the garrulous man who knows everything, to the reticent man who knows nothing and has forgotten that.
A few specimens are preserved in the traditions of our elders.
A child was asked if he knew the nature of an oath and he re- plied "No sir." Then the kind hearted judge leaned over the side of his desk and smilingly asks "My son don't you know what you're going to tell?" "Yes, sir," said the boy, "that old bald headed lawyer over there told me what I must say." "Administer the oath, Mr. Clerk."
A witness in a criminal case haled from a unsavory place called "Pinch Gut;" he was duly sworn and upon being asked his name, gave it. The next question was "Where do you reside?" No answer came. The question was repeated twice and the last time with great severity. The witness turned with dignity to the judge and said, "Must I answer that question?" "Why not?" said the Court. "Because" said the witness "I have been told that no man was obliged to criminate himself."
Witnesses are often ridiculed for making evasive answers to attorneys' questions but perhaps they do not always fully under- stand the query. The following is a question asked by a learned attorney in the trial of a tax case, taken from the Stenographer's notes :
Q. "What I want to ask you is whether comparing his land with the other lands that you have been swearing about here, you have sworn to some 30 other farms, and in comparison, that is, I mean whether, how should you take them in comparison, how should you consider them, if you take that as a basis, they are assessed for $3,000. Taking that as a basis for your comparison, how should you start?"
STENOGRAPHIER.
In 1884 the General Assembly passed an act providing for the appointment of a Stenographer for the Superion Court in each of the Counties. About 1886 Mr. Leonard W. Cogswell was ap- pointed for this County and has held the position since that date.
Leonard W. Cogswell, Esq., the official stenographer is a na-
132
LITCHFIELD COUNTY BENCH AND BAR
1
LEONARD W. COGSWELL.
tive of Litchfield County, and was born in New Preston, in July 1863, and enjoyed all the lights and shadows of a farmer's son on a rugged farm upon the side of Mt. Bushnell. He polished up an education received at the districe school and Village Academy by a term at Claverack College at Hudson, N. Y. In 1884 he quit the farm and went to New Haven and learned short hand. In 1886 he was appointed official Stenographer of Litchfield County, and holds the same position for Windham County. His services are in great demand during the sessions of the Legislature, by the Committees thereof.
He was admitted to the Bar of New Haven County in June, 1897, and resides in New Haven. In the preparation of this memoir we are indebted to him for the preservation of the re- marks at the Banquet, and for poetical selections herein.
STUDENT'S LIFE.
At the Bar Dinner in 1901 Judge Roraback in his remarks gave a few reminisences of his student days which are worthy of preser- vation as illustrating how lawyers were made in the country of- fices. Upon being introduced by the Toastmaster he responded as follows :
Mr. Toastmaster, and gentlemen of the Litchfield County Bar : I hardly expected to make a speech, but the reference that was
.
ALBERTO T. RORABACK.
I33
HISTORICAL NOTES
made by my distinguished friend, Donald J. Warner carries me back to the month of April, 1870. That is almost 32 years. I then commenced the study of Blackstone in his office. Well, I pounded away at Blackstone for five months, and learned it pretty thorough- ly. As I remember it, if it had been set to music I think I could have sung it. It was pretty dry work and pretty hard work. But one morning D. J. came in, and he says, "Roraback, you have been pounding away at Blackstone some time, would'nt you like a change?" Well, I hardly knew what was coming, whether it was a change from Blackstone to Chitty, or what it was, but I looked up at him, and I said I thought I would. "All right," he said, "I have got a client for you." I could hardly believe it. A real client with a case? It was the first ray of light, the first gleam of hope in those long months ; to have a client. a real live client. He brought him in. I wish you could have seen him. He was colored. His trousers were stuck in the tops of his boots, he was out at the seat of his pants, but he was a client ; my first client. It was my first case, and I was happy. The case was returnable be- fore Daniel Pratt, a Justice who had his office in the village of Salisbury. I went to work to prepare my case. and at the time stated for the trial I was there with my client. I made the great. supreme, and sublime effort of my life. There was'nt any attorney for the plaintiff. I appeared for the defense. It was'nt necessary that the plaintiff should be represented. The magistrate occupied that position, and when I had finished my argument he made his. It was very effective : inst $36.22 for the plaintiff and costs. Well, of course I felt crestfallen. I came down to the office the next morning, and Donald J. the elder came in, and he asked me how I got along with the case. I had to tell him I got beat. Thorough- ly beaten. And he said to me. "Oh, well, never mind that. You will come across those little misfortunes once in a while in your practice of law. but, of course, you won't get any pay." "I did. I got my pay." "You did? How much did you get?" "$6." "$6."' Donald J. says, "that is better than a victory : I have been defending that cussed nigger in season and out of season for the past twenty- five years, and I never received a cent," and he grasped me warmly by the hand, and he says, "Roraback, you will be a success." That was case No. 1. My first case.
Case No. 2 was the case of Julius Moses vs. Virgil Roberts. Virgil Roberts was an old farmer that lived down on the Gay St. road, as I remember it. When the case came to trial D. J. said to me that I had better come along down and write the evidence. So I went along down and wrote the evidence, and when the evidence was all in D. J. spoke to me over across the table and he says, "Roraback, you get up and make the opening argument." I was demoralized, for gentlemen, sitting on the other side was Gen'l. Charles S. Sedgwick. You never saw him, most of you, but he
134
LITCHFIELD COUNTY BENCH AND BAR
was a man that stood six feet four in his stockings, and weighed 250 lbs. I am afraid I made very poor work of it with that great giant on the other side. I was afraid. I verily believe if the old General had stamped his foot and yelled "scat," I would have gone through the window and forever abandoned the idea of studying law. But we fought it out. I got up and made my argument, and then the old General got up and made No. 2, and then Donald J. Warner made the closing. Talk about wit, and talk about sar- casm, talk about eloquence, I learned the lesson right there and then that it was not the avoirdupois of the lawyer that wins cases. Gen. Sedgwick was three score and ten. He lived along a few "ears, and wrote a little pamphlet on his experiences in fifty years at the Litchfield County Bar. He was then state attorney.
BAR LIBRARY.
The matter of having a Bar Library at the Court House was attended to at an early date. The following action of the Bar is an interesting Record.
"At a meeting of the Bar December 29, 1819.
The following Report of a Committee having been read was adopted. "To the Bar of the County of Litchfield. The Sub- seribers having been appointed by said Bar, a Committee to enquire into the expediency of commencing a Law Library for the use of the Bar, (and if deemed expedient to devise some mode by which it may be obtained), having attended to the subject beg leave to re- port in part, That the Bar now owns six volumns of the Statutes of Massachusetts, the two volumns of the revised edition of the Statutes of New York, published in 1813, and the two volumes of the Statutes of Vermont published in 1808; that there now remains unexpended the sum of Seventeen Dollars formerly raised by the Bar for the purpose of purchasing Statutes of other States.
And further report that it is expedient that there be raised by the Bar the further sum of One Hundred and Fifty-six Dollars to be paid and apportioned to the members thereof as follows :
Elisha Sterling
$6.00
Jabez W. Huntington 5.00
Jno. G. Mitchell
3.00
Samuel Church
5.00
Reuben Hunt
2.00
Wm. M. Burrall
5.00
\V. S. Holabird
3.00
Michael F. Mills
Calvin Butler
4.00
Holbrook Curtiss 4.00
4.00
Chas. B. Phelps 5.00
Nathaniel B. Smith
4.00
R. R. Hinman
4.00
Philo N. Heacock
2.00
Perry Smith
6.00
Homer Swift
3.00
Nath'l. Perry
4.00
Geo. Wheaton
3.00
Cyrus Swan
5.00
Phineas Miner
6.00
Asa Bacon
7.00
Philander Wheeler
3.00
Roger Mills 3.00
Nath'1. Perry, Jr.
2,00
I35
HISTORICAL NOTES
Leman Church
4.00
Wm. Cogswell 3.00
Joseph Miller
5.00
Ansel Sterling
5.00
Wm. G. Williams
5.00
Theodore North 4.00
Noah B. Benedict
7.00 Seth P. Beers 6.00
John Strong
2.00
Matthew Minor
3.00
Jos. B. Bellamy
4.00
Isaac Leavenworth
4.00
David S. Boardman 6.00
And that said sums of Seventeen and One Hundred and Fifty- six Dollars with such further sum as the Court may appropriate front the County Treasurer for that purpose, be applied to the purchase of the Law Books hereinafter mentioned, or such other Books as the Bar may hereafter direct, viz :
Kirby's Reports, Root's Reports, Day's Cases in Error, Con- necticut Reports, Swift's Evidence, Swift's System, Chitty's Plead- ings, Lane's Pleadings, Phillip's Evidence, Johnson's Reports, Mas- sachusetts Reports.
All of which is respectfully submitted,
Signed per order. S. P. Beers, Chairman.
The books mentioned in this report were purchased and are now in the Library at Litchfield. The only provision for the in- crease of the Library which I find is an admission fee of Five Dol- lars from a new attorney, until 1874, nor do the books in the Li- brary show additions of any account.
In 1874, it was Voted As a standing Rule of the Bar, that each member pay to the treasurer thereof the sum of One Dollar each, yearly, to be expended in the purchase of Books for the benefit and use of the said Bar. Said payments to be made at the annual meet- ing in each year.
In 1877 the Legislature enacted a Bill providing for the forma- tion of County Law Library Associations. The County Commis- sioners were to pay in their discretion each year on the first of January a sum not exceeding Three Hundred Dollars, for the support thereof. The Litchfield County Law Library Association was duly organized and received money from the County Treasurer for one year, after which the discretion of the Commissioners did pot mature, and payments ceased, for some years. In 1897 an act was passed making the payment obligatory of one hundred and fifty dollars to each of the libraries at Litchfield, Winsted and New Milford, since which time a good supply of law books may be found in each Court House.
At the session of the Legislature of 1907 an act was passed re- quiring the County Commissioners to pay each library four hundred dollars a year.
At New Milford large accessions came from bequests of Bros. Henry S. Sanford and James H. McMahon.
136
LITCHFIELD COUNTY BENCH AND BAR
JAMES HI. MCMAHON.
In 1906 Bro. McMahon left by his will the sum of $1,200 to be equally divided between the three libraries, which was available in 1907, and has been paid to the committees.
In each Court House may be found a first class working library with some of the Reports of other States.
In 1900 the Bar voted that all the law books of the Bar As- sociation be presented to the Litchfield County Law Library As- sociation, so that all the books are under one management.
AAARON WHITE FUND.
AAnother branch of these libraries is purchased by the income derived from a bequest of Aaron White, a lawyer who by his will left to each County Law Library one thousand dollars for certain classes of books.
The following account of Mr. White who deceased in 1886. taken from a newspaper, will no doubt be of interest in this con- nection and is worthy of preservation.
A Boston Globe correspondent tells the following story of Aaron White of Quinnebang :-
Aaron White has figured in his life as the most eccentric man in this locality, and one who is widely known in Massachusetts.
I37
HISTORICAL NOTES
Connecticut and Rhode Island. He was born in Boylston, Mass .. October 8, 1798, and was the eldest of ten children, seven boys and three girls, nine of whom are now living. He entered Harvard college, graduating in a class of sixty-eight members in 1817. Of his classmates only seven are now living. Mr. White, in recounting incidents of his college life, shows a wonderful memory. Among his classmates were the late Ilon. Stephen Salisbury of Worcester, the Hon. George Bancroft, the Hon. Caleb Cushing, whom he con- sidered the most talented man he ever met: Samuel Sewall, now living in Boston : Dr. John Green of Lowell, the Rev. Dr. Tyng of the Episcopal church, now living in Phildelphia: John D. Wells of Boston, one of the greatest anatomists of his day, and Professor Alva Woods, formerly president of the Transylvania college in the South. living in Providence. When the "Dorr War" broke out Squire White was living in Woonsocket. "Governor" Dorr, be- ing at the head of the controvesy, called upon Mr. White, for advice "as a friend and acquaintance," which resulted in frequent visits between them. This resulted afterwards in both White and Dorr being obliged to leave the state, both going to Thompson, Conn. Soon after. Mr. White secretly got Dorr into New Hampshire. The authorities in Rhode Island used a warrant for the arrest of Squire White, in which he was called the "commander-in-chief" of the forces that opposed the state. They called on Governor Chauncey Cleveland of Connecticut for assistance, which was refused. They afterwards called on Governor John Davis of Massachusetts to ar- rest White when he came to Dudley, Webster or Worcester, but Governor Davis as in the case of Governor Cleveland, refused to grant the request. Both governors were in sympathy with Dorr and White. The Rhode Island authorities then threatened to send an armed force to kidnap Squire White at his home in Quinnebang. Governor Davis then issued a warrant for White's arrest if seen in Massachusetts, but this warrant was not intended to harm Squire White, for it was to run only thirty days from its date. The result was that Squire White remained unmolested in his quiet home on the banks of the placid Quinnebaug. He is a lawyer and his busi- ness has been such as settling estates, drawing up wills, giving ad- vice, etc .. and he has always been considered a safe man to consult on such business. When he was in his prime he was six feet in height, lightly built and very long-limbed, weighing 160 pounds. Ile is nearly blind, his eyesight having been failing for some five years.
In his college days he, with Caleb Cushing, collected several rare coins. Later he engaged in collecting old-fashioned coppers. When the government called in the old coppers in 1863 or there- abouts, issuing new ones, and for three years afterwards, he was most active in picking them up. His reason for going into this business was that he thought it very profitable. He visited the mint
138
LITCHFIELD COUNTY BENCH AND BAR
at Philadelphia, making arrangements with the officers to take these coppers and give him new -pennies in return, the government to pay all expenses in shipping to and from his home. This busi- ness, which he has carried on for some fifteen years, as a whole has netted him a large amount of profit. He has some instances sold copper coins of rare date for from $I to $3, and in one case he re- ceived $5 for a rare copper. He paid from forty to forty-four cents per pound, "good, bad and indifferent," selecting the good ones from them and shipping the rest to the mint. In his trips he visited the principal cities and large towns in New England, collect- ing many thousand coins as a result.
After the death of Mr. White in 1886, his executors found many barrels of copper cents-of the "not rare" ones. About four tons of these coins were redeemed by the Sub-Treasury at Washington.
EXTRACTS FROM AARON WHITE'S WILL.
Fourth .- Out of the residue of the estates so given in trust as aforesaid, to pay to the Treasurers of the present eight Counties in the State of Connecticut, to each the sum of One Thousand Dollars in lawful money, to be by them received in trust, as funds for the procurement and maintenance of County Bar Libraries in their respective Counties, in their several County Court Houses, for the sole use of the Judges and Clerks of Courts therein, Mem- bers of the Bar, and their students at law while in the offices of said Bar members, in their respective Counties; which funds or the annual income thereof, as said Bar Members may direct, shall be expended under their direction in the purchase of Books of His- tory, and Books of Moral and Political Philosophy.
AAnd in case said residue last mentioned be not sufficient for the payment of all said legacies to said Counties in full, then said residue, in equal portions to said Counties for the purposes afore- said shall be deemed a fullfilment of their trust. Such payment to be made within three years from the time of my decease."
CENTENNIAL.
AAt a meeting of the Litchfield County Bar held at the Court House in Litchfield on the 4th day of January 1851 the following preamble and resolution was adopted :
WHEREAS, During the present year a century will elapse since the organization of the County of Litchfield ; and
WHEREAS, A Centennial celebration of that event has been under consideration. Therefore
RESOLVED, That Chas. B. Phelps, O. S. Seymour, John H. Hub- bard, Gideon Hall. G. H. Hollister, J. B. Harrison and J. B. Foster Esquires, be a Committee of the Bar to call a meeting of citizens of the County to consider that subject and to take such
F. D. BEEMAN
139
HISTORICAL NOTES
order thereon by appointment of a Committee of arrangements or otherwise as shall be thought best.
F. D. Beeman, Clerk.
In pursuance of these proceedings the Centennial Celebration of August 1851 was held. Several thousand people were present. Judge Samuel Church delivered the Historical address which is reprinted in this volume. Horace Bushnell the sermon and John Pierpont the poem.
DAVID DAGGETT.
At a meeting of the Bar of Litchfield County during the August Term 1834, a Committee was appointed to prepare an address to the Hon. David Daggett, Chief Justice of the State, on the occasion of the near approach of his term of judicial service, which Con- mittee reported to the Bar the following address, which was by order of the Bar communicated to the Hon. David Daggett, and together with the reply thereto was ordered to be recorded upon the records of the Bar.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.