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 29
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The case was then taken to the Supreme Court of the United States and argued on the 15th and 16th of January, 1873. Mr. Smith attended upon this argument and opened the case in an ad- dress of an hour on behalf of the respondent. He argued the case upon a most elaborate brief which examined all the authorities bear- ing upon the question and it was most carefully reasoned. The Supreme Court, speaking by Mr. Justice Bradley, sustained the judgment below and a most elaborate opinion was written; in fact this is the leading case upon the subject in this country today.
The other case which Mr. Smith retained in his hands, the Humaston case, was tried before a jury, beginning on November 15th, 1871 and continuing for thirteen days. This suit was against the Western Union Telegraph Company. Mr. Smith had as his opponents John K. Porter, George Gifford, Grosvenor P. Lowry and Charles Francis Stone. It involved first, a very important question respecting the interpretation of the contract between the parties and, secondly, the value of the inventions under discussion over and above the cash which had already been paid upon them. Mr. Smith opened the case in an address of two hours in which he explained in detail the various inventions for the transmission of messages by telegraph and the case proceeded. Mr. Smith was alone in the case save only a young assistant whose chief business was to read papers and extracts from authorities.
During the progress of the case the question of the construction of the instument arose and was argued at length, Mr. Smith occu- pying practically an entire day, under the suggestions of the pre- siding Justice, in developing his view of the case. The presiding Justice afterwards remarked that considering Mr. Smith's age, it was the most remarkable exhibition of physical and mental power he had ever witnessed. The case was closed and the jury went out about six o'clock on the 13th day of the trial, Judge Porter having occupied the first part of the day in summing up for the defense and Mr. Smith the latter part in summing up for the plaintiff. The jury found a moderate verdict in favor of the plaintiff for $7.500.
The Humaston was a remarkable case in that Mr. Smith, who became eighty during the trial, was able to stand that amount of work without exhibiting any diminution of force at any time during
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BIOGRAPIIICAL NOTES
the trial. That case also went to the Supreme Court of the United States and was argued there on the 30th of March, 1874, Mr. Smith closing the argument. That court however sustained the ruling of Judge Woodruff on the interpretation of the contract, and defeated Mr. Smith.
Mr. Smith was very effective before juries, his commanding presence and voice, his great moral force, his readiness in retort. his wit, his courage and his capacity as an actor and his elaborate preparation made him a very dangerous adversary.
Always a believer in the essential doctrines of Christianity, as tanght in the churches of New England, late in life he became a communicant in the Presbyterian Church of Stamford.
WELLINGTON B. SMITH, born in New Hartford June 3. 1856, was admitted to practice at this Bar in 1877. He resides and prac- tices in Winsted, Conn. He was a member of the Constitutional Convention in 1902. He was for many years a prosecuting agent for Litchfield County engaged in the suppression of the illegal sale of intoxicating liquor and was the moving spirit of the liquor trials a brief account of which can be found on page 155. He has repre- sented the town of Winchester in the Legislature and was on Governor Chamberlain's Staff as Judge Advocate holding the rank of Colonel. His portrait appears on page 158.
SAMUEL J. SOUTHMAND, a native of Watertown studied in the Litchfield Law School and admitted to the Bar in 1795. Practiced in Watertown, where he died in 1813. ( See Boardman's Sketches. )
LEMAN B. SPRAGUE was a native of Salisbury and was admitted to the Bar in 1841. He soon after located in Woodbury and died there August. 1845.
RUFUS STANLEY, of Litchfield. admitted in 1790.
SETH P. STAPLES, graduated from Vale in 1797, admitted to this Bar in 1799, located in New Haven, where he died in 1861.
DANIEL STARR, born in New Milford. admitted to the Bar in 1800. Died May 1, 1826.
ANSEL STERLING, born in Lyme, 1782. admitted to this Bar in 1805, located in Sharon in 1808, where he died November 6, 1853. ( See Sedgwick's Address ).
ELISILA STERLING, born in Lyme, graduated from Yale in 1787. admitted to the Bar in 1790, in the following year located in Salis- bury, where he lived until his death in 1836. (See Boardman's Sketches ).
JOHN M. STERLING. son of Gen. Elisha Sterling, born 1800, in Salisbury, graduated at Yale in 1820. Admitted to the Bar in 1823.
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In 1827 he removed to Cleveland, Ohio. Was a noted anti-slavery reformer. Ile died in Philadelphia in 1880.
HENRY W. STEVENS, admitted to the Bar in 1811 from Canaan.
JAMES STEVENS, born in Stamford in 1768, admitted to this Bar in 1797. located in his native town where he held many public of- fices and was elected to the 16th Congress. Died April 4, 1835.
BENJAMIN STILES, a native of Southbury, graduated from Yale 11 1740. Practiced law in his native town of Southbury.
BENJAMIN STILES, JR. was born in Southbury, August 28, 1756, graduated from Yale College in 1776, was admitted to this Bar in 1781, and practiced in Woodbury, having a very large office practice. He died July 12, 1817.
ELIAKIM S. STODDARD, JR., admitted to the Bar in 1847 from Sharon. Died in Sharon May 14, 1865, aged 42 years.
HENRY STODDARD was a native of Woodbury and born in 1786. He was admitted to this Bar in 1815, and began to practice in Kent. In 1818 he left Kent and went "west" with George B. Holt of Norfolk, a young member of this Bar who became so distinguished in his later years in Ohio. They journeyed on horseback till they reached Dayton, Ohio, then a little village of five or six hundred inhabitants. Here they located. Holt to become an honored Judge and citizen, and Stoddard a millionare.
ROBBINS BATTELL STOECKEL of Norfolk was born in New Haven in 1872, fitted for college at Hopkins Grammar School, graduated from Yale with honors in class of 1893 and Columbia Law School two years later being admitted to the Litchfield Bar in 1896. Mr. Stoeckel resides and practices in Norfolk where he has been Judge of Probate for several years.
COL. ADONIJAHI STRONG, Judge Church says, "He was unique in genius and manner, of large professional business, sound practical sense and many anecdotes of his sayings and doings are still re- membered and reported in the County.'
The following vote appears upon the Bar Record: "At a Bar meeting Decr. Term 1804 the following resolution was passed unan- imously viz. That Adonijah Strong. Esqr. on account of his great ennninence as a lawyer and eloquence as an advocate be considered as a member of this Bar for the purpose of instructing students, although he shall not continue to practice. Attest Amos Benedict, ('lerk." ( See Warner's Reminiscences.)
JOHN STRONG, JR., born in Woodbury December 31, 1786, gradu- ated from Yale College in 1806 and admitted to this Bar in 1808. He opened an office in Woodbury and continued in the active dis- charge of his professional duties till his death in November, 1834.
FRANK HI. TURKINGTON
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BIOGRAPHICAL NOTES
Few men have occupied a higher place in the confidence and af- fections of the community. Was Judge of Probate and represented the town in the General Assembly a number of years.
JEDEDIAHI STRONG, born in Litchfield, Connecticut in 1738, grad- ated from Yale College in 1761. He represented his town in the General Court for thirty sessions. Was a member of the Conti- mental Congress and Secretary of the Convention which adopted the Constitution of the United States. He died in Litchfield in 1802.
MARTIN STRONG. a son of Col. Adonijah Strong, admitted to this Bar in 1801 and located in Salisbury. He was Judge of the County Court and one of its most active magistrates. (Sce Sedg- wick's Address ) .
THERON R. STRONG was a son of Hon. Martin Strong, born in Salisbury in 1802, admitted to this Bar in 1823. He located at Rochester. N. Y. He was a member of Congress in 1839 and a Judge of the Supreme Court of New York, 1851 to 1858, and after- wards a Judge of the Court of Appeals. He died in New York City. 1873.
CYRUS SWAN was a native of Stonnington, studied in the Litch- field Law School and admitted to the Bar in 1798. Hle settled in Sharon and died there in 1835, aged 65. ( (See Sedgwick's Ad- dress ).
BENJAMIN SWIFT, admitted to the Bar in 1802.
HEMAN SWIFT, admitted to the Bar in 1819 from Kent.
MILTON H. SWIFT, a native of Kent, admitted to the Bar in 1838. Removed to Ottawa, Illinois.
JABEZ SWIFT, Judge Church says of him, "He was the first law- ver ever settled in Salisbury and was a native of Kent. He built the stone house of Town Ilill. Upon the breaking out of the war of the Revolution he joined the army in Boston and there died."
GEORGE E. TAFr, born in Sheffield, Mass. November 4th. 1854. admitted to this Bar in 1883 and soon after located at Unionville in Hartford County, where he is now in practice. Has been a member of the School Board there and Judge of Probate.
ROBERT S. THTAREN was born in Lebanon in 1714 and upon the formation of the County in 1751 was in practice at New Milford. He died January 9th, 1786. ( See Boardman's Sketches).
JOHN Q. THAYER was admitted to this Bar in 1869 and after practicing a short time in New Milford he removed to Meriden. Conn., where he is now in practice. He served four years in the Civil War, 1861, and in 1809 was Judge Advocate of the Depart- ment of Connecticut G. A. R.
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LITCHFIELD COUNTY BENCIL AND BAR
JAMES THOMPSON was born in Woodbury. March 4. 1767, gradu- ated from Yale College. 1789, and was admitted to this Bar in 1791. He settled at New Durham, N. Y. About 1800 he left his profession and entered the Episcopal Ministry. He died August 18, 1844.
JUDSON B. THOMPSON, admitted to the Bar in 18II.
HEZEKIAH THOMPSON was born in New Haven in 1734, studied law in Stratford, and was admitted to the Bar in Litchfield in 1763. He located in Woodbury. Died May 1803. "He stood well as a lawyer and magistrate, and was a gentleman of the old school." 6th Conn. Reports.
MARTIN H. THOMAS, admitted to the Bar in 1808 from Salisbury.
JUDSON B. THOMAS was in 1810 in Colebrook. Admitted to the Bar in 1808 from Salisbury.
F. R. TIFFANY, admitted to the Bar in 1879.
GEORGE Top, graduated from Yale College in 1795 and admitted to the Bar in 1797.
OLIVER A. G. TODD, born in Plymouth October 1812, admitted to the Bar in 1833. practiced law in Waterbury, Litchfield, New Mil- ford and Danbury in which latter city he died August 14, 1886.
DAVID TOLMAN, admitted to this Bar in 1792 from Woodbury.
URIAH TRACY, appointed States Attorney, 1794 to 1800. He was born in Franklin, (now Norwich), Conn., February 2, 1755, and graduated at Yale College in 1778, and read law with Judge Reeve at Litchfield, where he was admitted to the Bar in 1780. and settled in that town where he rose to a high eminence in his pro- fession. He was very largely engaged in duties of a public nature, and often represented his adopted town in the Legislature, and was Speaker of the House in 1793. Was a representative in Congress from 1793 to 1796, when he entered the Senate and was a member until his death in 1807, serving part of the time as President pro tem. He died at Washington, D. C. July 19. 1807, and was the first person buried in the Congressional burying ground.
AMos S. TREAT, born in Bridgewater. February 5. 1816, ad- mitted to this Bar in 1843, practiced in Fairfield County and died at Bridgeport April 24. 1886.
SELAH B. TREAT, D. D., born in Hartford February 19, 1804, graduated at Yale 1824. admitted to this Bar in 1826. Practiced at East Windsor and Penn Yan. New York. In 1835 he entered the ministry and was Secretary of the American Board of Commission- ers for Foreign Missions many years. Died at Boston, March 28th, 1877.
chiant,
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BIOGRAPHIICAL NOTES
FRANK H. TURKINGTON, the present Sheriff of the County, was born in Morris, then a part of Litchfield, June 11, 1854. Receiving a common school education, he associated with his father in an ex- tensive cattle and stock buying business, and butchering for the wholesale trade at East Morris, carrying their meats mostly by teams to Waterbury, Conn. He was very much interested in politi- cal affairs, and represented his town in the Legislature twice-al- though he was a Republican in a strong Democratic town. In 1906 he was elected Sheriff. He is also a farmer on a large scale, owning more arable land which he successfully cultivates than any other person in Litchfield County.
JOHN S. TURRILL was born February 8, 1825, attended Law School at Balston Springs, N. Y. and was admitted to this Bar in 1851. Located in New Milford, enjoying a large practice until his leath, July 19, 1880. He was one of the Committee who prepared the Revision of the Statutes of 1875.
STEPHEN TWINING, graduated at Yale College in 1795, was ad- mitted to this Bar in 1797, located at New Haven, where he died in 1832. He was Steward of Yale College from 1819 to 1832.
CHARLES TUTTLE, admitted to the Bar in 1856 from North Cole- brook.
NOAH WADHAMS, a native of Goshen, studied law at Litchfield Law School and was admitted to the Bar in 1793. Removed to Pennsylvania and was admitted to the Bar of Luzerne County, Pa. in 1800.
ALBERT WADHAMS, born in Massachusetts June 19, 1819, gradi- ated at Norwich University, Vermont, and was admitted to the New York Bar. Removed to Goshen and began the practice of law about 1865. He died in Goshen, May 1884.
GEORGE WADSWORTH, born in Litchfield, was admitted to this Bar in 1851. He located in Buffalo, N. Y., where he died March 19, 1907, aged 77.
FREDERICK T. WALLACE, admitted to the Bar in 1844.
THOMAS J. WALL, born in Torrington, February 19, 1879. Grad- nated at Yale Law School and was admitted to this Bar, June 26, 1906. Practices in Torrington, and he writes me that he is kept very busy between law-book agents and mercantile collection agencies.
ARTHUR D. WARNER, born in Southbury August 2, 1848, ad- mitted to this Bar April 1872. After eleven years practice at West Cornwall he removed to Woodbury, where he is now in practice. He was Judge of the Court of Common Pleas for this County one term of four years.
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LITCHFIELD COUNTY BENCH AND BAR
DONALD J. WARNER, born in Salisbury September 15, 1819, was admitted to this Bar in 1843. settled at Salisbury, where he de- ceased May 31, 1904. He was Judge of the District Court and Court of Common Pleas eight years, and until he was retired by reason of Constitutional limitation of age. His adress on the oc- casion of the Centenial Celebration in Litchfield 1898, was exceed- ingly interesting and a considerable portion of it is included in this compilation.
DONALD J. WARNER, son of Donald T. Warner, and grandson of Judge Donald Warner, was born in Salisbury July 24, 1885. Grad- uated at Yale College in 1905. and from the Law School 1908, when he was admitted to this Bar.
DONALD T. WARNER, son of Judge Donald J. Warner, was born in Salisbury December 15. 1850. Was admitted to the Bar in 1873. He resides in Salisbury, and has held the office of States Attorney since 1806. In 1902 he was a leading member of the Constitutional Convention of Connecticut. He was a member of the State Senate in 1895 and 1897. in which latter year he was chairman of the Judiciary Committee.
LYMAN F. WARNER, a native of Roxbury, admitted to the Bar in 1848 and removed west.
MILTON J. WARNER was born in Salisbury, graduated from Wil- liams College, was admitted to this Bar September, 1867, and located at Waverly, N. Y. Afterwards removed to Santa Fe. New Mexico, wher he died.
THOMAS G. WATERMAN, a native of Salisbury studied law with Gen. Elisha Sterling and was admitted to this Bar in 1800. He be- came a prominent member of the Bar in Binghamton, N. Y .. where he died in 1861. Author of Waterman's Digests.
DOUGLASS WATSON, born May 12, 1821 at Canaan, admitted to the Bar in 1845.
DANIEL F. WEBSTER, born in Litchfield March 14. 1853, gradu- ated from Dartmouth College in 1874 and admitted to this Bar in 1876. Located and practiced in Waterbury until his death in 1896.
FREDERICK C. WEBSTER, born in Litchfield October 17, 1850. Graduated from Yale College in 1874 and was admitted to the Bar in 1876. Practiced law in Litchfield a short time, then removed to the West. He resides at Missoula, Montana, of which city he has been Mayor. He is now a Judge of one of the Districts of that State.
GIDEON H. WELCH, born at East Haddam, Conn .. September 22. 1844. Graduated at Yale College 1868, and from Yale Law School in 1870, and immediately located at Torrington, succeeding the late
FREDERIC M. WILLIAMS
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BIOGRAPHICAL NOTES
Henry S. Barbour, Esq. He had a lucrative practice, and held numerous town offices and represented the town in the General As sembly in 1881 and the District in the State Senate in 1897. In 1897 upon the appointment of Judge Roraback to the Superior Court he was appointed by the Governor, Judge of the Court of Common Pleas, which action the Legislature confirmed for another term of four years, and is now ( 1907) in office. Picture on page 14I.
RALPH WELLS, admitted in 1813 from Hartford.
FRANCIS W. WESSELLS, admitted in 1870. Resides in Omaha, Neb.
SAMUEL WETMORE, admitted in 1803.
N. WETMORE, admitted in 1808.
LEVERETTE W. WESSELLS was born in Litchfield in 1819. Held the office of Sheriff for twelve years from 1854 to 1866, succeed- ing Hon. Albert Sedgwick, under whom he was a Dep- uty Sheriff for nine years. Was Post Master of Litch- field, 1850 to 1854, a repre- sentative in the General Assembly in 1879 and again in 1887, was Quarter Mas- ter General of the State in 1879 and 1880. In 1862 he was commissioned a Col- onel by Governor Bucking- ham and by his skillful management organized the 19th Infantry Regiment, afterwards the 2nd Connec- ticut Heavy Artillery. This was a Litchfield County Regiment and won a leading record for its valor in the war of the Rebellion. Col- onel Wessells resigned his commission by reason of ill health in 1863 and was immediately appointed Provost Marshall of the Fourth District of Connecticut which office he held until the close of the Rebellion. "To his old friends in the Commonwealth and beyond its limits the thought that they are to see his face no more must needs be a sad one : but to him the end came as a happy release from the house of pain. He had lived beyond all expectation and filled the measure of his years, had done a man's work in the world, and long since assured for himself an honorable place in the remembrance of his town and State." He died at Dover, Del. April 4th, 1895.
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LITCHFIELD COUNTY BENCH AND BAR
GEORGE WHEATON, of Cornwall,-The following is the notice of his death from a county newspaper :
"George Wheaton, Esq., the oldest and one of the most respected members of the Litchfield County Bar, died at his residence in Corn- wall. on Friday evening. Nov. 24th, 1865. He was born in East Haven in 1790, and was, therefore, in his 76th year. He removed to Salisbury about 1810 where he studied law with Judge Church, then a practicing lawyer. He was admitted to the Bar in 1813, when he made Cornwall his place of residence. Mr. Wheaton was a well- read, exact lawyer, a prudent business man, and a close reasoner. He was a valuable man in town affairs, and enjoyed the respect and confidence of his fellow-citizens. He had long been a member of the Congregational Church, and he was known and beloved as a consistent Christian. His funeral was attended at Cornwall last Sunday by a large number of people, among whom were many of the prominent members of the Litchfield and Fairfield County Bars."
JOSHUA WHITNEY .- He was one of the early settlers of Norfolk coming there from Canaan. He was a lawyer and was first King's Attorney of the new County in 1751, appointed thereto by the new County Court. He was very prominent in town affairs in Norfolk until about 1763 when it is said that he removed back to Canaan. I suppose him to have been the same Joshua Whitney who served from Canaan all through the Revolution and was a "Leftenant."
SOLOMON WHITNEY, from Canaan admitted to the Bar in 1763.
CHARLES WHITTLESEY, born in Salisbury, graduated from Wil- liams College in 1840, admitted to this Bar in 1844. Began practice in Cheshire, removed to Middletown and in 1855 to Hartford, Conn. Was States Attorney for Middlesex County for six years. Was Captain of Campany I 22nd Conn. Vols. He died in Alexandria, Va .. in 1874.
ELISHA WHITTLESEY, a native of Washington, was admitted to this Bar in 1781 and soon removed to the Connecticut Reserve. In 1823 he was elected member of Congress which position he held for eighteen years. In 1841 he was appointed Auditor of the Treasury for the Post Office Department and in 1849 first Comptroller of the Treasury of the United States.
ROGER WHITTLESEY, born in Newington. 1767, graduated from Vale in 1787: studied at the Litchfield Law School and was ad- mitted to the Bar in 1790. He practiced at Southington and died there October 5. 1844.
THOMAS T. WHITTLESEY, born in 1794, graduated from Yale College in 1817; admitted to this Bar in 1820. He located in Dan- bury. He was representative in Congress in 1827 and 1829 and died in 1868.
..
GOVERNOR OLIVER WOLCOTT
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BIOGRAPHICAL NOTES
EDWIN A. WHITE, born in Cornwall, graduated from Wesleyan University ; admitted to this Bar in 1882. Removed to the State of New York and after a practice of a few years abandoned the law and became an Episcopal Clergyman. He is now in Bloomfield. N. J. He is the author of a standard work on Episcopal law and is en gaged in codifying the Church laws of the State of New Jersey.
HUBERT WILLIAMS was born in Salisbury. September 10, 1853. Graduated from Columbia Law School in 1873: was admitted to the Bar in 1875 and resided in Lakeville, his native town. He was Post Master in that village a number of years. He died suddenly September 24. 1900.
FREDERIC MI. WILLIAMS, born in Washington, Conn .. November 27. 1862. He prepared for college at the Upson School in New Preston and graduated from the Yale Law School in 1887; also studying with Hon. Simeon E. Baldwin. He was admitted to the New Haven Bar in 1887 and later moved to New Milford. He has been very prominent in the affairs of his town and is a most efficient Prosecuting Agent for Litchfield County.
WILLIAM G. WILLIAMS, born in Stockbridge, Mass. Admitted to this Bar in 1800 and located at Sharon until 18cg when he re- moved to New Hartford, where he died in 1838, aged 59.
THOMAS WILCOX, admitted in 1799 from Canaan.
ANDREW B. WILSON. admitted in 1865 from Cornwall. Practiced1 a short time at Newtown and removed to Bridgeport, where he en- gaged in manufacturing.
GEN. OLIVER WOLCOTT was the first Sheriff of the County. hold- ing the office for more than twenty years. ( See articles on Signers of the Declaration on page 174.)
OLIVER WOLCOTT, JR., L. L. D. was born in Litchfield January II, 1760, and was the son of Oliver Wolcott, the Signer of the Declaration of Independence. At the age of thirteen he was pre- pared for and entered Yale College, but by reason of taking fre- quent vacations to go into the Revolutionary Army, did not gradu- ate till 1779. He was admitted to this Bar in 1781. His whole life was devoted to the public service and affairs. He was suc- cessively Comptroller of this State, Auditor and Secretary of the United States Treasury. Judge of the United States Circuit Court. President of the Bank of America. President of the Constitutional Convention of Connecticut, and Governor of his native State from 1817 to 1827. He was one of the most illustrious statesmen of the early days of the Republic, the intimate friend and adviser of Wash- ington, Adams and Hamilton : and for some time previous to his decease in New York, June 2, 1833. he was the last surviving mem- ber of Washington's cabinet. The departure of few men from the world ever produced a more deep and general feeling of sorrow.
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LITCHFIELD COUNTY BENCH AND BAR
DANIEL, WOOD, admitted in 1799 from Sharon.
JOHN WOODBRIDGE, JR., admitted in 1851 from New Hartford.
EZEKIEL WOODRUFF, a native of Farmington, graduated from Yale in 1779 and was admitted to this Bar in 1781. He located at Middletown and in 1789 removed from the State.
GEORGE C. WOODRUFF was born on the first day of December, 1805 in Litchfield in that part of the town which is now the town of Morris. He was the eldest son of Maj. Gen. Morris Woodruff, who was for 11 years a Judge of the County Court. George C. graduated at Yale in 1825, studied law at the Litchfield Law School under Judge Gould and was admitted to this Bar in 1827. He soon located in Litchfield where he resided until his death on the 21st day of November, 1885. He took a leading position at the Bar of Litchfield County, gradually rising until he became its acknowledged head and was chairman of the Bar Association for many years. In his early life he was daily thrown into conflict with those giants of the profession-the two Churches, Huntington, Bacon, Smith and others of their able contemporaries. He held almost every office of the town and county-justice of the peace, grand juror, postmaster, town treasurer, town clerk, bank director and president. clerk of the superior court, Colonel in the Militia, member and clerk of the Gen- eral Assembly, judge of probate, member of the Thirty-Seventh Congress-the duties of each in turn performed with that rigid ex- actness and scrupulous integrity which marks the perfect man. To him the state at large owes many of the best features of the revision of our statutes adopted in 1875. As a lawyer, Mr. Woodruff was prominent in those branches where certainty is possible. It was in the trial of questions of law, the dryer and more abstruse the better that his most consummate skill was shown. In the Supreme Court of Errors not infrequently his entire argument was written out with the most painstaking care.
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