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 33
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After him in the order of birth comes Nathaniel Smith, who was born about the year 1763 and who, after severe struggles with pov- erty and imperfect, early education, rose so rapidly in his profession that soon after he commenced the study of law under Judge Reeve, he was sitting by his master's side on the bench of the Supreme Court of Errors. Judge Church and Judge Willams have both told me that he was in their opinion the most gifted man ever born in the State. I will not attempt any sketch of him, but if you will allow me I will quote a passage from a letter written to me by David S. Boardman who knew Mr. Smith and how to estimate him. He says :
"His voice was excellent, being both powerful and harmonious, and never broke under any exertion of its capacity. His manner was very ardent and the seeming dictate of a strong conviction of justice of his cause, and his gestures were the natural expression of such a conviction. Mr. Smith's style was pure and genuine Saxon, with no attempt at classic ornament or allusion. His train of reasoning was lucid and direct, and evincive of the fact that the whole of it was like a map spread out in his mind's eye from the beginning. His integrity was always felt and dreaded by his op- ponent. He spoke with much fluency but with no undue rapidity, he never hesitated or haggled at a word. nor did he ever tire his audience with undue prolixity : or omit to do justice to his case for fear of tiring them : and indeed there was little danger of it."
There is only one brief specimen of the style of this eloquent man handed down to us. This is a part of his argument in the case of Jedediah Strong and wife before the General Assembly, and which is to be found in a volume of our reports. In arguing against the theory advocated by Judge Reeve in favor of married women, he took the opposite or common law ground and expressed himself as follows :
.But the manners have led the law and the law the manners. until every barrier is broken down and we seem about to bury in oblivion forever the rule that the wife has no separate existence."
Last in order of birth of the truly great men who can be partic- ularly dwelt upon in this hurried outline, is James Gould. born at Branford in 1770, and one of the most elegant scholars and terse writers who have adorned the profession in this country. He studied law under Judge Reeve, and joint professor and delivered lectures to the students in this institution for thirty-five years: at the end of which time, there had been educated at the Litchfield Law School one thousand and twenty-five lawyers from all parts
338
LITCHFIELD COUNTY BENCH AND BAR
of the United States. Gould's pleading is one of the most con- densed and critical pieces of composition to be found in our lan- guage and is of an original character. He had at first contemplated a more extended treatise, but while he was preparing material for it, the announcement of Chitty's work on the same title induced him to change his plan. As it was presented to the public, Gould's "Pleading" is therefore only a summary of the original design but for clearness and logical percision it is surpassed, if at all, only by the Commentaries on the laws of England.
Judge Gould carried to the Bar the same classical finish which appears in his writings. It would have been impossible for him to speak an ungrammatical sentence, use an inelegant expression or make an awkward gesture. His arguments were expressed in the most brief forms in which a speaker can convey his thoughts to his hearers. He seldom spoke longer than half an hour, and in the most complex and important cases never exceeded an hour. He could shoot a quiver full of shafts within the circle of the target with such certainty and force that they could all be found and counted when the contest was over.
As a Judge, his opinions are unsurpassed by any which appear in our reports for clearness and that happy moulding of thought so peculiar to him at the Bar and in social conversation.
The position of this eminent jurist and his venerable master and associate, was truly enviable. To them flocked from every State in the Union the youth who were to shape the jurisprudence of the western world. They looked upon these renowned teachers with as much reverence as the young men of Athens regarded the philosophers who prepared their minds for the strifes of the Agora, the debates of the council or the shades of contemplative retirement.
As I have before said, all attempts at particular description of the members of the Litchfield Bar, must end here. I might speak of John Allen, Gov. John Cotton Smith, Holmes, Boardman, Hunt- ington, Benedict, Sterling, Swan, Asa Bacon, Samuel and Leman Church, Mills, Phelps, Minor, Strong and others-and but for the presence in which I stand, I might attempt some brief sketch of the character and career of the venerable man whose retiracy from public life has been the occasion of this meeting, which, though a festival in form, has suffused our eyes with tears. I am one of his oldest students here present and have known him well. You will all join me in the prayer that his declining years may be like his professional and judicial life, serene as they are pure, and that no clouds of sorrow may settle down between him and a better world.
LITCHFIELD CHAUNCEY J. BUEL.
(TALLSNT.M WILLEY T. SMITH.
NEW MILFORD LEWIS W. MOSHER.
THE MESSENGERS, 1908.
339
HISTORICAL NOTES
WATERTOWN MURDER TRIAL
New principles of law are presented in the case of State vs. William McLaughlin, who was indicted by the Grand Jury at the April term, 1908, for murder in the first degree. The facts, over which there was no particular contest, were as follows :
On the morning of April 12, 1908. a few men were gathered upon the depot platform at Watertown. Some of them were at- taches of the railroad, but most of them were on their way to church. The accused, a man of forty-six years. accosted the de- ceased in a manner which the latter regarded as offensive. One word led to another, and the victim of the tragedy, Robert Downs, a young man of nineteen, pushed MeLaughlin over so that he fell on the platform, breaking a bottle of whiskey which he had in his pocket. More angry words followed, and the combat, so far as the knowledge of those on the platform went, was over. Robert Downs retired to a distance on the westerly side of the depot platform from where the wordy dispute took place, and MeLanghlin went around the opposite corner of the building and threw out the broken glass from his pocket, and then, unseen by anyone, drew a pocket knife. and going up to Downs struck him with it in the neck, severing the carotid artery, from which wound Downs died within a few minutes.
The trial before the Superior Court was at the October term 1908, in Litchfield, before Judge Edwin B. Gager, lasting into the third week. The prisoner was defended by Thomas F. Ryan, Esq., assisted by Elbert P. Roberts, Esq., both of Litchfield. The State prosecution was by State Attorney Donald T. Warner, assisted by Howard F. Landon, Esq. The principal question was as to the de- gree of the crime, the State contending that there was time for premeditation and deliberation and that all the elements of murder in the first degree were present. The defense claimed that the chronic alcoholism of the accused, as shown by his previous history, and by the medical testimony of the defendant's expert. Dr. John L. Buel, rendered the accused incapable of the deliberation and pre- meditation under all the circumstances of the case necessary to con- stitute the crime of murder in the first degree.
The jury after long deliberation returned a verdict of murder in the second degree, and the prisoner was sentenced to State Prison for life.
While chronic alcoholism, as a defense is known in the law, it has been so seldom resorted to, in cases of this character, that un- usual interest was manifested by the legal fraternity in this case. -
An interesting case not heretofore mentioned. is that connected with the successful installation of The New Milford Power Company.
340
LITCHFIELD COUNTY BENCH AND BAR
NEW MILFORD POWER CO.
About twenty-five years ago the Hon. Nicholas Staub, of New Milford and a former Comptroller of the State, conceived the idea that the great water power of the Housatonic river ought to be utilized. He interested a few other persons with him in the matter and they decided to incorporate a company for that purpose, and a charter was granted by the General Assembly of 1893, forming the New Milford Power Company. The matter laid dormant for a long time. There was plenty of power in the river, but there were no mills or factories requiring it. The scientific development of electrical energy and more particularly the availibility of trans- mitting it without material loss over long distances to be applied wherever power was required, opened up the way for the Company to begin operations. Many hydro-electric engineers advised that there could not be fall enough obtained to develop sufficient power to make such a plant, considering the large expense of the trans- mission line, profitable. Walter S. Morton, an eminent hydraulic engineer, now the consulting engineer of the New York City Water Supply Commission, saw at once how the power of the water at Bulls Bridge could be doubled, and acting under his suggestions the company proceeded to erect a small dam in the gorge at Bulls Bridge, and dug a canal over two miles long to convey the water to a point in the town of New Milford, where they obtained a fall of one hundred and fifteen feet, with an average of two thousand horse power.
The incorporators employed Frederic M. Williams, Esq., of New Milford to attend to the legal part of the business. The charter had to be amended, giving the company various powers not original- ly included therein. After the charter was perfected and the stock of $1,000,000. subscribed, the dam was built, the canal dug and the power house, with four immense dynamos was erected. These were all matters of mechanism, but the real interesting part to us attorneys was the proceedings relating to the acquisition of the flooded territory. Lands bordering on the river suddenly rose in value, and but little could be purchased, consequently condemnation proceedings under the charter were instituted by Mr. Williams, to acquire them. Nothing like these proceedings appear upon our records, in number or in accuracy. Committees were appointed consisting of Hon. Geo. M. Woodruff of Litchfield, James Alldis, Esq., of Torrington and Edward S. Roberts, Esq., of North Canaan, and long hearings were had before these gentlemen, and it is an in- teresting fact that no exceptions were taken during the three weeks of the hearings by either party. The report of the Committee was accepted by the Superior Court, and no appeal was carried in any case to the Supreme Court of Errors. Lines of wire were erected and power successfully transmitted to Waterbury, and other cities. Several electric roads are run by it, and ultimately the New York and New Haven and Hartford Railroad Company obtained the con- trol of the plant.
A
SERMON,
Delivered at LITCHFIELD, On the 2ยช Day of November, A. D. 1768 On the Day of the Execution of
JOHN . JACOBS,
An Indian Native,
Purfuant to Sentence of Death paffed upon hin, him by the Hon. Superior Court,
For the Murder of
king JAMES CHOCKRER.
Preached upon the Defire of theCriminal,and publithed at the requeft of fome. of the ki, Hearers.
By TIMOTHY PITKIN, A. M. Paftor of the firft Church in Farmington.
Thou Shalt not kill.
SIXTH COMMAND
HARTFORD Printed by Green & Watfon, near the Great Bridge.7
(Reproduction of title page of sermon).
34I
OLD SERMON
OLD SERMON
The compiler has in his library a copy of a sermon delivered at Litchfield, in November, 1768. on the execution of John Jacobs for murder of James Chockrer, both Indian natives, the title page of which is herewith reproduced. This is the first trial for murder in the county, and must have been of unusual interest to have called forth a sermon from so eminent a divine as Timothy Pitkin, pastor of the Church at Farmington. I will quote a few choice extracts therefrom.
The text was :
NUMBERS XXXV. 16.
AND IF HE SMITE HIM WITH AN INSTRUMENT OF IRON, (so THAT HE DIE) HE IS A MURDERER: THE MURDERER SHALL SURELY BE PUT TO DEATH.
After a long sermon on the text addressed to "Men and Brethren.' and ending with "There is no way for sinners, but to repair to Christ ; to Christ we must go, or to hell." the learned Divine pro- ceeds. "My discourse now turns to the poor prisoner, under sen- tence of death."-with the following soothing language, "JOHN JACOBS. It was your request. that this last advice. by me should be given to you, and therefore by help of divine grace. I shall speak to you, with great plainess, and (! that I may address you, with that warmth and faithfullness, which your present case calls for : this being the last sermon you will ever hear.
"When I see a poor criminal, under sentence of death, when I view your aggravated crimes, and you standing upon the edge of time, and just launching into an unalterable and eternal state: ()! prisoner what shall I say to you! (! my hearers, what words shall your preacher choose !
Prisoner, attend ! The great God hath made a law, that he that sheddeth man's blood, by man shall his blood be shed. And in our text, if one smite another with an instrument of iron, so that he die, he is a murderer, the murderer shall surely be put to death. GOD had an infinite authority to make this law, and annex this penalty ; and, JOHN, this is your case : you smote one of your fellow crea- tures in malice and rage, with an instrument of iron so that he died ; therefore you are a murderer, and you stand chargable with guilt of blood, 'tis just that you be put to death, for by the statute of heaven, by the law of GOD, you ought to die.
Prisoner, attend! You deserve to suffer the eternal pains of hell, it is just in God to send you to the hopeless regions of the damned : you was a sinner and have been a praverless malicious creature, therefore GOD, against whom you have sinned and whose laws you have violated, may justly damn you." There is a consider- able more of this kind of consolation.
342
LITCHFIELD COUNTY BENCH AND BAR
TRUMAN SMITH
The biographical notes on Truman Smith, which I have hereto- fore given, were prepared by a distinguished lawyer of New York City, who had been associated with Mr. Smith in his practice, and mostly relate to matters outside of Litchfield County. The Humas- ton case, however. was one in which the plaintiff, Mr. Humaston, was a native of Litchfield, and was in the employ of the Western Union Telegraph Company when he invented a process of sending a number of messages simultaneous upon the same wire, and the Telegraph Company claimed that it was their property: To prevent other telegraph companies from using this invention they pensioned Mr. Ilumaston during his lifetime.
During Mr. Smith's residence in Litchfield he was one of the leading, if not the leading lawyer in Litchfield County, in certain classes of cases, and used the forcible, brow-beating method of trial. He was a terror to witnesses in cross-examination, and many stories are told about him. Previous to the great fire in 1886 the compiler had in his office a massive cherry table which once be- longed to Mr. Smith, who frequently came into the office, as he visited Litchfield, and would go up to the old table and after ex- amining it a little would say, "Old fellow, I have pounded you a great many times !"
I well recollect the last case which Mr. Smith tried in this court, and probably the last one he tried in any court. It was a case which was brought by Mr. Cothren for some man in Woodbury against Mr. Nathan Smith of Roxbury, a brother of Truman Smith. It appeared during the trial that the plaintiff never authorized the bringing of the suit, which was over some very trivial dispute of account, nor did the party who was recognized to prosecute, enter into any recognizance. The case came before Judge Hovey, and Mr. Smith moved that it be erased from the docket, and made an argument of about two hours in support of his motion. He was then nearly eighty years old and too infirm to stand during his argu- ment, so he would stand part of the time, then sit for a time, and never did an attorney receive such a scoring as did Mr. Cothren. who withdrew the suit. The whole performance was the most im- pressive exhibition of ancient legal warfare I have ever witnessed.
C. F. Sedgwick, Esq. of Sharon, Conn., said in an article in the Leavenworth Genealogy. P. 26, that "Up to Mr. Smith's time, the eminent men of the county were a kind of privileged class, neve. mingling with the common people-but Mr. Smith welcomed to his acquaintance and sympathy good men of all conditions in society no matter how humble or obscure the man might be. He never took advantage of his social position to obtain preferment for himself- never asked for a nomination-never solicited the vote of any man- his weight of character. eminent fitness and great abilities always marked him as the man for the place and his nominations were made with great unanimity."
GEORGE C. HARRISON
BYRON TUTTLE
CHESTERFIELD C. MIDDLEBROOKS
ANDREW G. BARNES JURY COMMISSIONERS
343
JURY COMMISSIONERS
Mr. Smith, in the latter part of his life, lived in Stamford, an 1 for a number of years was actively engaged in the suppression of intoxicating liquors, writing and publishing several pamphlets re- lating thereto and often appearing before the General Assembly in support of temperance legislation.
JURY COMMISSIONERS.
On page 129 the method of drawing jurors is outlined. I have obtained the pictures of all of the Jury Commissioners since this way of selecting the Jury was provided and who act with the Clerk as the board of selection in July.
GEORGE C. HARRISON was appointed in 1895 and died while holding the office. February 25th. 1907. He was born in Cornwall, May 19th. 1840, and resided in his native town all his life, holding nearly all the honors its citizens could give him regardless of party in the town offices. Was Judge of Probate many years. He was often appointed by this Court as a Committee to lay out roads. ap- praise property, assess damage, etc. As a Jury Commissioner he was very conscientious and at the sessions of the board he always had his list carefully marked and checked as to the fitness of each nominee.
BYRON TUTTLE was also appointed in 1895 and resigned soon after Mr. Ilarrison's death. He was also exceedingly careful and fair in the discharge of his duty. He died in Plymouth September 25. 1908, aged 83. He was in early life an active business man and a noted manufacturer of carriages which industry he discontinued soon after the close of the civil war. He held many of the most important offices of the town of Plymouth : Selectman and Judge of Probate. Ile did a good deal of law business such as conveyanc- ing. drawing wills, contracts and the like. He was especially fond of assisting attorneys in preparing a case for trial by looking up the evidence, witnesses and exhibits, and felt great pride saying that lie never lost a case that he prepared as he desired.
ANDREW G. BARNES was appointed Jury Commissioner in 1907. He is a native of Sherman Conn .. born November 15th, 1838. but has resided in New Milford nearly his whole life where he is an ex- tensive farmer, dairyman, cattle breeder and large grower of to- bacco. Has held many town offices and represented New Milford in the Legislature of 1895 and 1903. and was Senator of his dis- trict in 1907, and is re-elected Senator for 1909.
CHESTERFIELD C. MIDDLEBROOK was appointed a Jury Com- missioner in 1907. He has been Sheriff of Litchfield County and possesses a large acquaintance all over the County. peculiarly fitting him for exercise of his present office.
344
LITCHFIELD COUNTY BENCH AND BAR
COUNTY COMMISSIONERS.
The office of County Commissioner was established more than half a century ago and a large variety of duties are assigned to them in relation to County affairs, such as providing for the care of the County buildings, their repair, providing for the maintenance of the jail, etc. Probably their most arduous duty is that relating to the excise, or granting of licenses for the sale of spirituous and intoxicating liquors. Their salaries at present are $600 a year and mileage. They hold their office for four years from their appoint- ment. The present Commissioners are as follows
Hubert B. Case, the Chairman is a native of Barkhamsted, born April 3rd. 1856. He is a merchant, has been a member of the Gen- eral Assembly from his town, and has held many town offices. His term of office expires October 1, 191I.
Iloward M. Guernsey was born in Thomaston January 9, 1877. He has been for several years engaged in the manufacture of lum- ber. His mills are now in operation in New Hampshire and Ver- mont. He has represented Thomaston in the Legislature. His term of office expires October 1, 1911.
John J. Karl was born in Goshen, N. Y. March 1, 1864, but has resided since his boyhood in Litchfield. He is a teacher, composer and publisher of music. Is very active in political affairs, and is Town Clerk of Litchfield, and Clerk of the Probate Court of Litch- field District. His term of office expires October 1, 1913.
COURT MESSENGERS
One of the busy men in Court is its messengers. The duties are various, and not defined by statute. The theory is they are to regulate the temperature, lighting and ventilation of the Court room ; to get reference books as required from the library for use in the Court, and attend to the multitudinous errands of the lawyers engaged in the trial of a cause.
They are appointed by and hold their office during the pleasure of the judge.
The present messengers are at Litchfield, Chauncey J. Buel. He is also the Janitor of the building. In Winsted, Dr. Willey T. Smith, a dentist by profession, rests his nerves in the forensic eloquence of the attorneys. In New Milford, Lewis W. Mosher, a veteran of the Civil war, enjoys the strifes and conflicts of the opposing parties.
HUBERT B. CASE
JOHN J. KARL COUNTY COMMISSIONERS
HOWARD M. GUERNSEY
Du Vierkante
JUDGMENT.
One hundred years have brought their bloom and fruit,
Since "every one who had a cause or suit,"
Might "come up hither" and present his claim,
With no misgivings, that, whoever came,
With a good cause, good witnesses, good men
Upon the bench as judges, and, again, With twelve good honest jurors ; if he saw
That well-feed "counsel learned in the law,"
Hlad courage, after half dozen fights,
Would-stand an even chance to get his rights,
And then at least the controversy o'er,
The case all settled, to be tried no more.
Those hundred years, as onward they have swept,
Have seen how calm the litigants have slept :-
Judge, jury, counsel, parties have withdrawn, And to a higher bar together gone,
Where every right decree is ratified
And every wrong reversed and set aside.
JOIN PIERPONT.
IN RE IN THE MATTER OF THIE LITCHIFIELD COUNTY BENCHI AND BAR.
JANUARY 1, 1909
Be it remembered that this cause having been pending for a century and a half. and the parties having been duly heard, by their witnesses and counsel, and having examined the foregoing exhibits, which are made a part of this record. It is considered and ordered that the foregoing judgment presented fifty years ago to the citizens of Litchfield County by John Pierpont in his Centennial poem is hereby accepted and approved.
DWIGHT C. KILBOURN.
Clerk.
-
INDEX
NAMES
A
Baldwin. Birdseye 115. 223
Chief Justice 312
Daniel
223
Adam and Church
22
George H.
127, 223
Adam and Eve
313
George
223
J. Henry
218
Isaac 11. 121, 123, 140, 143. 223
Adams, Andrew
Isaac Jr. 224
Roger S. 224. 330
Elijah
123, 217
244
John Q. 124. 218
224
john Quincy 92. 105. 293 244 Ball. Luther T.
John 174. 218
Bancroft, George
137
Samuel 217
Barbour. Henry S. Sylvester
224. 30I
Addis, John F. 124. 218
Aiken, Edmund
123, 218
153
John 218
343
Albro, John A. 218
221
Barrett. John
121
Allen, Ethan 13
Barlow, Joel
80. 176
Henry J. 127, 219. 260
John
II, 28. 45. 56. 62. 126. 218. 338 John Win. 47, 139
Ames. Fisher 3.36
Andrew .. Charles B.
125, 126, 129. 181. 219. 309. 310
Charles W. 221
Edward Warren 221
James P. 221
Beecher. Abraham
225
Samuel James 221
William 221
W. H., Rev. 221
Andros. Sir Edmund 6
Annual banquets 316. 317
Ashley, Timothy 146
Atwood. C. B. 124, 221'
Austin, Aaron II, 142, 143. 222
Ralsamion C. 222
Averill. Roger 108. 222
Ayers, Russell W. 222
B
Babcock, Rufus. Rev. 7
Bacon. Asa
61, 86. 87. 134, 222. 333. 338
Epaphroditus C. 222
Gen. Francis 222
Backus. Azel. D. D. 23, 33
Baker, Willard 124. 222
Balcomb. Benjamin, murder 152
126, 139. 226, 262. 273. 321. 327
Beers. Frederick
225
George W. 220
Lewis F. 226
Seth P.
88. 92. 126. 135, 171. 226. 333
Belden. Charles O. 226
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