History of Barnstable County, Massachusetts, 1620-1890, Part 24

Author: Deyo, Simeon L., ed
Publication date: 1890
Publisher: New York : Blake
Number of Pages: 1292

USA > Massachusetts > Barnstable County > History of Barnstable County, Massachusetts, 1620-1890 > Part 24

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).

This account of Mr. Ruggles is protracted, not because of his emi- nent goodness, or lack of ability, but for his extended range of vicis- situdes in life, and his power to exhibit them with a firm hand and purpose. I will dismiss Mr. Ruggles with an anecdote .- An old lady

207

BENCH AND BAR.

witness comes into court at Barnstable, before the chief justice ar- rives. The court enters with great gravity, finding the old lady in his seat, inquires of her, who gave her his seat. The old lady, pointing to Ruggles, said, "He gave me the seat,"-and after the old lady was removed, the chief justice, turning to Ruggles, firmly demanded of him his reasons for such conduct. His cool and characteristic reply was: " May it please your Honor, I thought that the place for old women."

Hon. Zeno Scudder was born at Barnstable in 1807, and died there June 26, 1857, at the age of 50. Like many of the sons of the Cape, he had a decided inclination to follow the sea; but before he reached the age of 21, he had paralysis of his right limb, causing lameness. This caused him to change his plans. Under the advice of Doctor Nourse of Hollowell, and at Bowdoin College, he pursued the study of medi- cine, and after completing it found his lameness an impediment to his practice as a physician; not being discouraged, he turned his attention with zeal to the study of the law. His preparatory course was partly pursued at the Dane Law School at Cambridge. He was admitted to the bar in 1836. He first opened an office in Falmouth, but soon after settled in his native town, which was near the centre of business.

By studious application and great industry, he gained and deserved the reputation of being one of the best read, and ablest lawyers in the Commonwealth; and this was supplemented by an honest and high- minded purpose. He was elected to the Massachusetts senate in 1846, and when returned to the same body in 1847, was chosen president. He was elected to the 32d and 33d congresses, but before he took his seat in the 33d, a severe casualty prostrated him, which finally caused his death, to the deep regret of many friends. Mr. Scudder not only had a keen, but a broad and comprehensive mind, capable of grasping great principles. He exhibited this in his masterly speech in con- gress, August 12, 1852, on the importance of American fisheries. Very few members of congress from the Old Colony were more faithful to the people represented than Zeno Scudder. As a lawyer, he was jealous of the just rights and interests of his clients, but never claimed for them that which was not right, or proper or just. He believed the law to be a noble science, and one of dignity.

Hon. John Reed was born at West Bridgewater in 1781, and died in the same place, in 1860, at the age of 79. He became a resident of Yarmouth in early life, and opened an office for the practice of law, and took high rank. He was once a representative of the legislature from Yarmouth, and was twelve times elected in this district to con- gress, serving twenty-four years in that body. He was called the "life member." In 1844 he was elected lieutenant governor and was re-elected seven successive years after he returned to Bridge- water.

208

HISTORY OF BARNSTABLE COUNTY.

Hon. Nymphas Marston, who was born at Barnstable, February 12, 1788, and died there May 2, 1864, graduated at Harvard College in the class of 1807. In 1828 Governor Lincoln appointed him judge of probate, and he served 26 years to 1854. at which time he resigned. Probably no lawyer ever practised in the county of Barnstable, who more completely gained and held the confidence, love and esteem of all the people of the county, than Nymphas Marston. He was always ready to advise a settlement, rather than contend in court; but when he did try a cause, the people believed he was on the side of justice, and he usually won the verdict. He was one of Nature's own advo- cates; and before the court and jury he was a magician. He was a man of " infinite jest." After defending in court, a client, who was accused of stealing a pig, the jury acquitted him, which greatly sur- prised the defendant, whereupon he whispered in Mr. Marston's ear: -" What shall I do with the pig ?" Mr. MI.'s reply was :- ". Eat him, the jury say you did not steal him " !! Mr. Marston could have been elected to almost any office within the gift of the people; but as he often said: " I would rather be Judge of Probate for the county of Barnstable, and protect the rights of its widows and orphans than hold any other office."

Hon. Wendell Davis, was born about 1775. died in Sandwich, De- cember 30, 1830, and was buried in Plymouth. He was admitted to the bar, and settled in Sandwich in 1799. He was a son of Thomas Davis of Plymouth. He was clerk of the Massachusetts senate in 1803-1805, afterwards senator, and several years sheriff of the county of Barnstable, and he held other offices of trust. He practised law and resided in Sandwich about thirty years. He was a lawyer pos- sessed of great natural abilities ;- a direct descendent of the Pilgrims: Governor Bradford, Elder Brewster, and Richard Warren. He was a safe and wise counselor, yet seldom appeared in court as an advocate.

Hon. Russell Freeman, the tenth child of General Nathaniel Free- man, was born October 7, 1782, and died in Boston of heart disease in 1842. He was several years collector of customs in New Bedford; representative in the legislature from Sandwich, and one of the execu- tive council. His deafness prevented his practising law at the bar, but he was a lawyer of pronounced abilities, and an able and safe ad- viser, and one of the most popular men in the Old Colony; coupled with a genial disposition, ready wit, quick perceptions, honorable aims in life, sincere in his friendships, which caused him to be widely known in the Commonwealth, and highly esteemed, and his death universally mourned. On his tombstone, by his direction, is inscribed; " In meipso nihil; in Christo omne."

BENCH AND BAR. 209

Hon. George Marston, born in Barnstable, October 15, 1821, died in New Bedford, August 14, 1883; studied law at Cambridge in 1844, and was admitted to the bar in 1845, and practised his profession in Barnstable and New Bedford. During 1853 and 1854 he was register of probate, and from 1855 to 1858, judge of probate of the county of Barnstable. In 1859 he was elected district attorney for the Southern district. Mr. Marston was nominated by the republicans in 1878 for the office of attorney general, to succeed Hon. Charles R. Train, and was elected. He resigned the office of district attorney in order to enter upon the duties of his new office, and was re-elected attorney general, at the successive elections of 1879, 1880 and 1881. He was the only attorney general born in the county of Barnstable. Mr. Marston was by general consent, one of the ablest, and most promi- nent and influential men in the Old Colony, and enjoyed the confi- dence and esteem of all who knew him. After a few years most men are forgotten by the larger body of the people; not so with George Marston. His life was so filled with the important business of other men throughout the Commonwealth, that his name and fame will be handed down through a series of years. Few other lawyers ever had a better facility in the trial of causes than George Marston; he may be said to have been a great jury lawyer. He had a rich and peren- nial inspiration of language, and when the odds seemed against him he would turn the tide by the magic of his speech. He was well educated as a lawyer, yet not a graduate of a college ;- few graduates, however, could excel him in common sense and purity of diction. The universities of Oxford and Cambridge would have added no glory or lustre to the fame or breadth of under- standing of William Shakspeare. Such men carry universities in their heads.

Hon. John B. D. Cogswell, born at Yarmouth, June 6, 1829, died at Haverhill, June 10, 1889. He graduated at Dartmouth College, in 1845, in high rank, and studied law in the office of Governor Emery Washburn and Senator Hoar in Worcester. In 1850 he took the de- gree of LL.B. at Cambridge Law School. He opened an office in Worcester in 1857, and was elected a representative to the legislature. In 185S he moved to Milwaukee, Wis., and opened an office there. In 1861 and again in 1865 he received the appointment of United States district attorney for the state of Wisconsin by President Lin- coln. He returned in 1870 to Yarmouth, and was sent as representa- tive to the state legislature for the years 1871, 1872 and 1873, and elected state senator for the years 1877, 1878 and 1879, and was presi- dent of the senate in 1878 and 1879. Mr. Cogswell was a man of un- questioned abilities, coupled with uncommon powers of oratory, and urbanity of manners.

210

HISTORY OF BARNSTABLE COUNTY.

HON. JOHN DOANE was born in part of Orleans then embraced within the limits of Eastham, on May 28, 1791, and died March 3. 18S1. He was educated at Sandwich Academy, and at Bridgewater; -he studied law with John Reed, and was admitted to the bar in Barnstable about 1818, and practiced for more than half a century. He was representative to the legislature, and in 1830 was first elected state senator, in which office he served three terms with dignity and ability. He was at one time a member of the governor's council. In 1850 and again in 1853 he was elected county commissioner and was thus contemporary in that court with David K. Akin, Seth Crowell and Simeon Dillingham.

He lived to a ripe old age in the enjoyment of a rare social posi- tion, respected and loved by all who knew him. his life work as an adviser, peacemaker and friend more than filling up the measure of man's allotted time. Upon the town in which he resided and upon the public whose interests he sought to serve he made a deep and last- ing impression as an honest and sound counselor, who, in all his pro- fessional career advised settlements, compromises and concessions instead of litigations in the courts."

Seth F. Nye of Sandwich was born May 13. 1791, and died Sep- tember 13, 1856, at the age of 65 years and four months. He was ad- mitted to the bar of the county of Barnstable about 1816, and prac- ticed here for forty years - the whole period of his business life. He held various offices of trust, was representative to the legislature, and a delegate in the convention of 1820, to revise the constitution of the state. He rarely appeared in court as an advocate, but prepared his cases for argument by other counsel. He was a genial person, and one of good sense,-a useful and benevolent citizen, and his death was deeply lamented by those who knew him.

John Walton Davis was born at Wellfleet in 1817. and died at Provincetown in 1880. He was at Amherst College two years, and subsequently graduated from Bowdoin College, Maine. He gradu- ated with distinction, as a fine scholar, at the head of his class. He studied law at Ellsworth, Me., and after being admitted to the bar, practiced at Topham, Me., Boston, Mass., Wellfleet and Provincetown. Mr. Davis held offices of public trust, among which were internal rey- enue assessor, trial justice, county commissioner, and others. He was a genial and agreeable gentleman, and one who possessed sufficient ability to have filled more important stations in life than he did.

Benjamin F. Hutchinson, came to Provincetown from the county of Essex, (about 1870) and practiced law, jointly with teaching. He was very devoted to the cause of education, and was connected with

* The ancestry and family of Esquire Doane are further noticed in the chapter on Orleans .- Ed.

John Downer

211

BENCH AND BAR.

the school board until his death. He was thoroughly honest, and well equipped in the science of the law; was an expert in drawing legal documents, which bore the test of scrutiny. He rarely ap- peared in court as an advocate, but prepared his cases for others to argue. He died at Provincetown.

Hon. Simeon N. Small of Yarmouth, was born at Chatham, Mass., but practiced law at Yarmouth and Milwaukee, Wis. He held various public offices before emigrating to the West, among which was judge of the court of insolvency. In 1860, he went to Milwaukee, and built up a large law practice, and accumulated a fortune. Mr. Small was considered an able and good lawyer, and a man of integrity, in whom confidence could be placed. He died in Milwaukee.

Frederick Hallett of Yarmouth, studied law about 1862-3 with Judge Day of Barnstable, and was admitted to the bar, and began the practice of the law, with every prospect of brilliant success; but he was soon called to lay down his life's armor, and died at the untimely age of 25 years. He was universally beloved and when he died, Yarmouth, as a town, put on its sincere mourning.#

Charles F. Chamberlayne, son of Rev. N. H. and Hannah S. (Tewksbury) Chamberlain, was born at Cambridge, Mass., November 30, 1855. He prepared at the Cambridge High School and graduated from Harvard College in 1878. He also graduated at Harvard Law School and began practice in Boston. In 1883 he edited the American edition of Best on Evidence, and the following year was appointed trial justice for Barnstable county-a position he held until the office was abolished in 1890.

Tully Crosby, jr., was born in South Boston, August 21, 1841. His parents removed to the Cape three years later, where he was educated in the public schools and at the Hyannis Academy. Afterward he followed the sea until 1875, when he retired and settled in Brewster, where he now resides. He began the study of law in 1883, taking a special course in the Boston University School of Law, under Judge Bennett, was a member of the general court in 1885, serving as clerk of the committee on education, and was admitted to the bar in Barn- stable county, October 14, 1887.

Thomas C. Day was born in Barnstable, April 20, 1856. To the excellent advantages of the village school were added those of Adams' Academy, Quincy, Mass., where he graduated in the spring of 1875, after a three years' course. In the fall of 1877, after two years in Harvard College, he entered the law office of his father, Judge Joseph M. Day, then of Barnstable, and in October, 1880, was admitted to

*The succeeding portion of this chapter was not contributed by Mr. Whittemore .- Ed.

212

HISTORY OF BARNSTABLE COUNTY.

practice. He subsequently became, in 1882, partner with him in the present firm of J. M. & T. C. Day, with one office in Barnstable and one in Brockton. Mass., where the senior partner now resides. Mr. Day is a democrat in politics, and although yet young, has been rec- ognized by the party as a capable and popular standard bearer.

Alexander McLellan Goodspeed. born in Falmouth in 1847. a son of Obed, grandson of Walley, and great-grandson of Joseph Good- speed, was educated in Lawrence Academy, Falmouth. and Phillips' Academy, Andover. He subsequently taught in public schools, and was for several years in the engineer corps of a Western railroad. He began his law training with Marston & Crapo, of New Bedford. He was admitted to the Bristol County bar in March, 1880, and now is established as attorney at law in New Bedford, but has a substantial clientalage at Falmouth.

JUDGE HIRAM PUTNAM HARRIMAN, of Barnstable county, was born at Groveland. Mass., in the valley of the Merrimac, February 6. 1846. His father, Samuel, was a son of Moses Harriman. and his mother, Sally Adams, was a daughter of Henry Hilliard. Both of these fam- ily names have been well known and honorably represented in that part of Essex county for nearly two hundred years, and here on the south bank of the river the now venerable Samuel Harriman has passed in rural peace a long and successful career as an extensive owner and tiller of the soil. The early training of the lad Hiram was in the district school and in a private academy at Groveland, where he improved the brief intervals in which he might be spared from the labors of the farm. He was the youngest of three, and to the teachings of an older sister are attributed much of the love of study and thirst for knowledge which became the mainspring of his higher aspirations. With such a resultant as these circumstances and forces might produce in an enterprising boy of eighteen, intent not only upon a college education, but aspiring to some professional career, he became a student of Phillips' Exeter Academy in February, 1864, en- tering at the middle of the junior year. In one year and a half he had, by special effort, mastered the Greek and Latin preparatory course, and went up to Dartmouth in June, 1865, where he passed the examination to enter the college. His college life began the fol- lowing September, and closed with his graduation with the class of 1869; and although he taught three winters during the course he stood sixth in a class of more than sixty. Several of the Cape towns depended, at that period, upon the students of Dartmouth College for their best winter teachers, and it was while a student of this institu- tion that he first became known on the Cape as a teacher two winters in the public schools of Truro. Here by his urbanity of manners and devotion to his work he attained a high position as a teacher and at-

213

BENCH AND BAR.

tracted to himself many warm friends, who have shown a pride and interest in his subsequent advancement.

From September, 1869, until the following May he was at Albany, N. Y., completing a course which he began with Blackstone, while teaching the country school at South Truro in the winter of 1867-8. His graduation at the Albany Law School entitled him to admission to practice in New York, and after a short association with J. P. Jones, a prominent lawyer at Haverhill, Mass., he was admitted to the bar of Essex county and removed the same year to Wellfleet-then the terminus of the railroad,-establishing i imself on Cape Cod, in the practice of law. There has never been since, nor had there existed for many years before, a better opportunity for a young lawyer of his stamp to obtain a foothold in Barnstable county. Mr. Marston, who for years had a large and profitable practice, had removed to New Bedford ; George A. King of Barnstable was gradually dropping his Cape practice and soon gave his whole attention to his Boston busi- ness.

Mr. Harriman took an office at Barnstable, and the following year one at Harwich, where the failing health of his friend, Jonathan Hig- gins, Esq., who advised the step, was making a vacancy for some other member of the bar. At these offices Judge Harriman still pursues his profession. His faithfulness in the management of the causes com- mitted to his care, the perseverance and excellent order in which he prepares his cases for trial, his uniform courtesy to opponents, and his thorough honesty in all matters of his profession, have gradually and successfully advanced him to the head of the bar of this county. On the 14th day of June, 1882, he was appointed to the position he now fills as judge of probate and insolvency for the county of Barnstable. In this important office, by his affability and uniform courtesy toward all classes who have occasion to need his ministrations, he has won the confidence of the people, who are proud of him as an adopted son of Cape Cod. Almost from the first he has had a substantial cliental- age. He was counsel for the old Cape Cod railroad until the consoli- dation, and has since then been retained by the Old Colony company.

While this volume was in course of completion a final decision was reached in the famous Snow-Alley case-the largest suit ever decided in the Commonwealth in an action of tort. Judge Harriman was re- tained by Mr. Snow in May, 1884, and began laying, in his own thor- ough manner, the foundation for the prosecution. Mr. Alley employed several of the ablest lawyers in the county-including Colonel Robert G. Ingersoll and Ambrose A. Ranney, and for almost six years they stubbornly contested every issue of fact or law. After three trials at Barnstable a statute was enacted allowing the removal of the case from Barnstable county, where the defendant's counsel alleged that

214

HISTORY OF BARNSTABLE COUNTY.

they could not get justice with Harriman opposing. Four verdicts were reached, and twice the case went to the full bench before the judgment in favor of Judge Harriman's client was paid.

Judge Harriman was married September 25, 1870, to Betsey Franklin, daughter of Captain George W. Nickerson and grand- daughter of Dr. Daniel P. Clifford of Chatham, and has since resided at Wellfleet, where he is fully identified with the town's local inter- ests.

Jonathan Higgins, of Orleans, was born there November 21, 1816, and was there educated in the public schools and in the academy. His father, Thomas, was a son of Samuel Higgins, whose father and grand- father each bore the name Jonathan. Mr. Higgins studied law in the probate office with Judge J. M. Day, and in 1858 and three terms there- after was elected register of probate. He has since devoted his time chiefly to the practice of law. The title, Deacon Higgins, by which he is generally known, alludes to his relation with the Congregational church of Orleans. His deceased wife, Mary, was a daughter of Seth Doane. Of their seven children, Mrs. Captain Alfred Paine, Mrs. O. E. Deane and Hon. George C. Higgins, ex-mayor of Lynn, are the only survivors. The present Mrs. Jonathan Higgins is Ruth, daugh- ter of Joseph Snow.

Smith K. Hopkins was born in Truro, August 12, 1831, a lineal descendant of Stephen Hopkins who came in the Mayflower, through Giles his son, who removed from Plymouth to Yarmouth. Edu- cated in the public schools of Truro and at Truro Academy, under Joshua H. Davis, Esq., now superintendent of schools in Somerville, Mass .; followed the sea from boyhood until twenty-one years of age, then went to Illinois and was in the employment of Josiah Lombard- formerly of Truro-in the real estate business, until 1860. In 1860 returned to Truro to reside. Married in 1855, to Mary A. Hughes, daugh- ter of James Hughes of Truro. Five children: James H., lawyer, of Prov- incetown; Howard F., editor of ProvincetownAdvocate; Raymond A., Boston, Mass .; Winthrop Stowell, died in September, 1889; Ethel B., at school. School committee 1862 and 1863. Representative in legislature in 1863. Appointed ensign in U. S. Navy in August, 1863, and served on frigates Savannah, Brooklyn and Fort Jackson during the war. Sent in as prize master of English steamer Let-Her-Rip, a blockade runner captured at Wilmington by the Fort Jackson, and after delivering her to the Admiral at Boston Navy Yard, was appointed temporarily to command the gunboat Jean Sands; subsequently detached and or- dered again to the frigate Fort Jackson. Was at both attacks on Fort Fisher by the army and navy in December, 1864, and January, 1865, and participated in the assault on the fort at the time of its capture; recommended for promotion and offered an appointment to be retained

Freeman Ro

PRINT.

E. BIERSTADT, \ 1.

215

BENCH AND BAR.

in the navy at the close of the war, but resigned when the war was over. Was one of the selectmen, assessors, etc., of Truro from 1866 to 1874, and chairman from 1871 to 1874. Studied law with B. F. Hutchinson of Provincetown; was admitted to the bar April, 1873. Register of deeds for Barnstable county 1874, 1875, 1876, and has been clerk of the courts for Barnstable county since 1876. Notary public; justice of peace since 1860, and trial justice since 1866. Removed from Truro to Barnstable in 1875.

James Hughes Hopkins, oldest son of Smith K. Hopkins above men- tioned, was born in North Truro, February 20, 1861. After attending the public schools of Truro, and the Prescott Grammar School of Somerville, Mass., he graduated from the Somerville High School in 1878, and from Harvard College in 1882. He then taught public schools at North Eastham and at West Barnstable, while continuing the study of law, for which he early evinced a taste and aptitude, and was admitted to the bar at Barnstable in October, 1883. Locating in Provincetown, he has become fully identified with its public interests, holding official positions in the church and the public library. He has been elected special commissioner, one of the commissioners of insolvency, and has been appointed trial justice. Since 1886 he has edited the Provincetown Advocate, as noticed by Mr. Swift in Chapter XIII.

F. H. LOTHROP .- The present register of probate and insolvency, is Freeman Hinckley Lothrop of Barnstable, who was born in this village, April 6, 1842. His father Ansel Davis Lothrop', born 1812, was a son of James Scudder Lothrop®, (Isaac', General Barnabas', Bar- nabas3 born 1686, Captain John' born here 1644, Rev. John Lothrop'). This illustrious ancestor, Rev. John Lothrop, was born in 1584 and in 1605 graduated from Queen's College, Cambridge, and in 1609 re- ceived the degree of A.M. He came to Scituate, Mass., in 1634, whence he came to Barnstable in 1639 and here he built a house, where the Globe Hotel now stands. He lived later in the building now occu- pied by the Sturgis Library, where he died November 8, 1653. His son Barnabas was first judge of probate here, and another son Joseph, also an ancestor of Freeman H., was the first register of probate and register of deeds. While his family name thus comes from one of the pioneers of old Mattacheese, the mother of Freeman H .- Ruth Hinckley-was a lineal descendant of Plymouth Colony's last illustri- ous governor, and for two hundred and fifty years the two families have been prominent factors in this town and village.

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.

History of Barnstable County, Massachusetts, 1620-1890, Part 24

Author: Deyo, Simeon L., ed Publication date: 1890 Publisher: New York : Blake Number of Pages: 1292

Author: Deyo, Simeon L., ed
Publication date: 1890
Publisher: New York : Blake
Number of Pages: 1292