USA > Massachusetts > Berkshire County > History of Berkshire County, Massachusetts, with biographical sketches of its prominent men, Volume I pt 1 > Part 39
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Previous to the organization of this county Joseph Design of Great Barrington, and Ephraim Williams father of the founder of WIRGone College), of Stockbridge were judges of the County of Common Place for the original county of Hampshire, and Willison Williams, of Piraliold. Timothy Woodbridge of Stockbridge John Ashley. of ShotWell. Jakez Ward, of New Marlborough, and David Ingersoll. of Great Barrington, were justices of the peace for the same county. As the courla were fald in Springfield it was a matter of no inconsiderable trouble and expansy for parties in the western portion of the county to attend their sessions
The judges of the Court of Common Pleas first appdeused for the county were Joseph Dwight, of Great Barrington, presiding judge, and William Williams, of Pittsfield. John Ashley, of Sheffield, and Timely Woodbridge, of Stockbridge, associate judges. Their first morning was held at the house of Timothy Woodbridge of Stockbrings, July 18. 1761, when they appointed Elijah Dwight, son of the presiding justas tor be clerk of the courts, and Mark Hopkins registrar of deeds They loild the first session of court at Great Barrington, in the obl meeting honig which stood on the east side of the Housatonic River, near the Great Bridge, the use of the house for that purpose having been granted To them by a special vote of the town. The courts in Post-hold wore held jo a large room set apart for that purpose in Fort Anson, which had besser built a few years before by Colonel William Williams, bet wee dismantled and soon afterward became the residenes of Lieutenant Graves
In March, 1761, the Court of Sessions took Steps toward the building of a court house at Great Barrington, which was probably first gcoupled at the April Term in 1765, although not fully completed until several years later. The total cost of it was something aver $130. It was a · plain, unpainted wooden building, about thirty by forty feet, and one and a half stories high: it was located near the middleof Main street aod opposite what is now Castle street, which was then but little tuore than a lane ; it fronted east and stood so far into Main street that wagons woold pass on either side of it to Castle street in its rear.
At about the same time a wooden jail was erected a fow mails somili- west of the court house, near where the Episcopal clouel one stand.
In Till Great Barrington was near the center of population of the county, but as the northern portions of the county became more thickly
HISTORY OF BERKSHIRE COUNTY.
settled the public convenience required that the county sent should be moved further to the north.
One term of the court in Pittsfield was changed to the last Tuesday in February, and in 170 the September term in Great Barrington was changed to the last Tuesday in August.
The Court of General Sessions was, in 1961, composed of four justices. and in 1767 the number was increased to ten. Probably when the Revo lution broke out there were more than a dozen, but there are no reponis of the intervening period. The number was greatly increased after tho Revolution, twenty-six being reported present at a session in Iallt.
The accommodations for the courts at Pittsfield were insufficient. and previous to the suspension of the courts in 1771 measures lind been instituted to provide a better place for their sittings. In the absence of the court records the only written evidence Jeft of such moasines is found in an unsigned draft of an agreement between the justice and parties in Pittsfield, binding the latter to erect a suitable court house Tradition says that in two places land was tendered, and some building material collected.
Of course there was no discussion as to sites of court houses during the suspension of the courts, for there existed neither necessity for suo !! houses, nor, in the absence of the General Sessions, any authority to build them, and when the civil government was reestablished the subject of changing the places of holding the courts began to be agitated.
At this time the population of the county, which in [7] was almost wholly south of the north line of Pittsfield. had extende l itself towar tho north, but still the preponderance of wealth and numbers werd in the's dafb. ern towns. There was nothing then to indicate that the northern section of the county would ever equal -much less excel-the southern portion.
The first recorded action in regard to a change was in November 1782. when the Legislature, on the petition of Asa Barnes, a prominent citizen of Lanesboro, acting as agent for that and other towns, appointed a committee " to repair to the county of Berkshire, takea general siow of it, and determine where the courts shall in future be held."
The committee-Charles Turner, Esq., General Artemas Ward, and Hon. John Sprague-visited the county in June, met the delegates of twenty-two towns at Stockbridge. and made sach an examination of the county as they thought necessary, or the delegates desired The result was a recommendation, which the Legislature adopted, that, after the 1st of January, 1784. the courts should be hell at Lenox. in some convenons place between the meeting house and the dwelling of Captain Charles Dibble. This act passed in February, 1983, and in the little parliament which assembled around the General Sussions at the Great Barrington term in May a petition was set on foot praying for an in lefinito postpone- ment of the proposed change, on the ostensible ground that the minnas was too poor to erect the necessary buildings.
The Legislature granted a delay of two years, until January. 1936,
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GENERAL HISTORY.
and the opponents of Lenox made a busy use of the respite. In the fall of 1784 a spirited contest was entered on for what was doubtless the ob. ject of the Barnes' petition, alternate courty at Great Barrington and Lanesboro, but the project met with little favor. The people, however. were so ill content that the Legislature submitted the matter again to a county convention, which assembled at Lenox. September 28th, sixteen towns being represented. The convention adjournel after appointing Woodbridge Little, of Springfield, Timothy Edwards, of Stockbridge. and William Whiting. of Great Barrington, a committee to receive the proposals of the several towns which desired to become the county sont
On the 12th of October this committed sent to all the towns in the county circulars of which the following paragraphs form the gist :
"We the subscribers a committee of said convention, beg leave to inibem you that it is the wish and desire of said convention that you, without fail, send one of more delegates to attend in a county convention to be holden by adjournment at Lenox on the second Tuesday of November next, at the dwelling house of Captain Charles Dibble, at ten of the clock in the forenoon.
"The following proposals are submitted to your consideration; and it is desired that, in your deliberations, you will attend to the same, and instruct and direct your delegate or delegates in what piace or places it is the choice of your town tilat the courts in and for said county shall be holden.
" The proposals are as follows: Great Barrington will repair the court house in said town and furnish and provide a sufficient jail in said town for the safe Keeping of prisoners, and for this purpose to give ample security provided one half of the courts be established in said town.
" Lanesboro will build and complete a good, complete and elegant court house in that town, and propose to give ample security therefor, provided one half of aks courts be established in that town.
" Pittsfield will be at the sole expense of erecting a court house equal in value and elegance to the court house in Northampton, and propose to give ample security therefor, provided one half of the courts be established in said town, and the other half in Stockbridge.
"Stockbridge will give the sum of five hundred and seventy pounds and ten shillings toward the public buildings for said county, provided one half of the courts be established in said town and the other half at Pittsfield; and further proposes to give the sum of seven hundred and fifty pounds and ten shillings if all the courts shall be established in Stockbridge, and propose to give ample security for the respective sums, as the case may require.
"Lenox will give the sum of eight hundred pounds towards the public buildings. and propose to give ample security therefor, provided all the courts are finally estab. lished in that town.
"And it is further proposed that the securities above mentioned be laid before said adjourned convention, that they may be able to determine upon them as they shall judge proper."
The convention met according to adjournment, and chose Nachorojel Bishop, scribe. Delegates were present from ningen borns. siz from Sheffield, Colonel Root. Mr. Raymond : Alford. Captain Brunson :
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HISTORY OF BERKSHIRE COUNTY.
Sandisfield, Captain Kellogg ; Tyringham, Mr. Galfield Garfield. Mr. Jackson : Becket. Mr. Brown : Washington, Captain Ashley : Lee. Wil. liam Ingersoll, Esq. Captain Bradley ; Stockbridge, John Bacon, Pal. Jahleel Woodbridge, Esq., Timothy Edwards, E.g .: Richmont, Comiral Rossiter, Nathaniel Bishop. Esq. : Lenox. General Patterson, Colonel Hyde, Israel Dewey, Esq. Captain Gray, William Walker, Esp . Pis field. Eli Root. E.g., Mr. (Dr. Childs : Lanesboro, Gideon Wheeler. Esq. : Hancock, Samuel Hand, Esq .; Palion. Cajagin Cleveland : Part- ridgefield. Mr. Kenny : Great Barrington. William Wiriting, Est. Jou- athan Nash. Esq .. Mr. Elisha Lep, Mayor King, Mr. Youngbove; West Stockbridge. Mr. Hooker.
The propositions from the several towns which had made offets In regard to the county seat were laid before the convention and pro- nounced ample in each case.
The question was then put whether the courts " should in forare be holden in two towns, or in one only :" and the vote stood as follows :
For one town only-Tyringham. Becket. Washington, Les; Stock- bridge, Richmont, Williamstown, Partridgefield. West Stockbridge. Lenox-ten.
For two towns-Sheffield, Alford, New Marlboro, Sandisfield. Pitts- field, Lanesboro, Hancock, Dalton. Great Barrington-ning.
The convention then selected Lenox for the shire town by the fol- lowing vote :
For Stockbridge-Sheffield. Alford. New Mailhome, Saudi-field. Tyr- ingham, Lee, Stockbridge. West Stockbridge-right.
For Lenox-Becket, Washington, Richmont, Lenox, Jameshowe, Wil- liamstown, Hancock, Dalton. Partridgefield. Great Barrington -Jen.
With these proceedings and this decision there was much livellishe- tion, and, in 1785, the General Court appointed a commission confusing of " Hon. Caleb Strong, Warren Parks, and David Smead. Es. to view the towns of Great Barrington, Lenox, Stockbridge, Pittsfield, and Lateshow -the prominent candidates for favor-and such other phicosas might apa ble them to determine the object of their commission justly ; to negauint themselves with the roads passing through the county, and the conimy- nications between the interior and exterior towns : to pay due attention to situation. and the probability of future settlement : to hear sooh rep- resentations as might be made to them on the subject ; and then to tix on some proper place or places, and, if they shall find more than offer nieves. sary, to determine what terms shall be held at each respectively. and which shall be the shire town."
This committee recommended that the courts should be held at Stockbridge and Pittsfield, and that Stockbridge should be the siin. town and place of holding the Superior Court. The Legislatine, how ever, adhered to the election of Leurs.
The Court of General Sessions hold at Plusheld in May, 1756, di- rected Eli Root, John C. Williams, and Simon Larned, all of that low u.
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GENERAL. HISTORY.
to prepare a plan for the public buildings at Lenox, and report what material would be required. Eli Root was also appointed to fill a vacancy cansed by the resignation of Theodore Sedgwick on a commission pres viously named to select a proper site.
The succeeding terms of the court were obstructed by the Shays re bellion and the committees had no opportunity to report till May. 1757. even if they desired to do so. But early in that year, to have the Bork- shire courts settled. the Legislature, rendered impatient by the exciting events which had just transpired in the county, made a perempmory order that the Court of Common Pleas should be held at Lonox in the ensuing February, and the Supreme Court in May The first term of the Com. mon Pleas recorded to have been held there opened September 11h. 1787.
In the meantime the Court of General Sessions, at the May terin in Great Barrington, selected Theodore Sedgwick and John Bacon, of Stork bridge, and Major Azariah Eggleston, of Lenox, to determine on a site. and contract for the erection of the buildings, which David Rossiter. Nathaniel Bishop, and Benjamin Pierce were directed to superintend and have finished as soon as possible. The county buildings were actually commenced in the spring of 1788. The jail was finished, and the prison- ers were removed from Great Barrington to it in the latter part of 1700. and the court house was completed in 1791 of 1792. The cost of the two buildings was $3, 441, 5s., 3d., toward which, according to Dr. Field. " in dividuals in Lenox advanced in building materials, $500."
The court house was a wooden building, and was subsequently used as a town hall. Another was erected in 1815, and was several times re- modeled. The first jail was built on a hill about half a mile south of Lenox village, on the old Stockbridge road.
The location of the county seat at Lenox was a source of conflict be- tween the northern and southern portions of the county during a period of eighty-one years, or till 1868.
In 1812, after the burning of the jail, the Legislature was memminl ized on the subject of changing the county seat to Pittsfield, and a com. mittee to view the situation was appointed.
This committee reported in favor of the removal on certain con ditions. The matter was finally referred to a vote of the towns in the county, and after a spirited contest it was decided to retain the county seat at Lenox. New county buildings were therefore erected, and were occupied in 1816.
The question was revived in 1826, and a brief but earnest effort was made to effect a removal, but it failed.
In 1842 the county commissioners contracted for remodeling the jail as a house of correction, at a cost of 85.250. In the same year the West- ern Railroad was completed, giving Pittsfield some advantages, and another unsuccessful effort was made to effect the removal to the latter place.
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HISTORY OF BERKSHIRE COUNTY.
In 1854. when the Housatonic Railroad had been extended through the southern towns to Pittsfield, the question was again agitated. Much angry discussion in the newspapers of the county was elicited, and the Legislature finally, in November, 1851, submitted the following questions to town meetings of the people in the county : " Do you desire a removal of the courts from Lenox ? and, if so, name the town or towns to which they shall be removed ? "
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The county decided, by a majority of abont fifteen hundred, in faver of Lenox. No further decided movement was made in favor of a change till 1868; but public opinion constantly tended in that direction, and in that year, when Hon. T. F. Plunkett made a movement in the Legislature to effect it, the opposition was comparatively feeble. The propriety of the measure was generally recognized, and, by a direct total of the Lagis. lature, the county seat was established at Pittsfield, on condition that the
317
GENERAL HISTORY.
.town should furnish suitable sites for the court house and jail. and pro- vide rooms for the courts till a court house could be built.
The town of Pittsfield paid $35.000 for the count lovase site. anul $6,500 for a site for a jail and house of correction,
The Legislature granted $350.000 to be assessed on the county for the erection of the county buildings. Of this sum Stoom were expended for the jail. and the remainder for the court house. Subsequently 894 .- 000 were appropriated for furnishing the buildings, of which the greater portion was expended for the court house.
Architectural plans were furnished for the buildings by Louis Wids- bein, of Boston, and the contract for building them was awarded to A. B. & D. C. Munyan. They were completed in the fall of 1571. The roots house, which is one of the finest in the commonwealth, is constructel of white marble, from Sheffield, resting on a basement of dove colored mar. ble from the same town. It was first ocenpied at the September torin of the Supreme Court in 1871.
The jail, which stands on North Second street, is built of marble any pressed brick, the latter material being chiefly used.
The early members of the Berkshire bar were brought into much more intimate relations than are those of the present day. The old Court of General Sessions of the Peace not only had a criminal jurisdiction hnt also had general charge of the prudential affairs of the county, and its quarterly sessions at Great Barrington and Pittsfield often brought tan gether many of the prominent and influential citizens from the different parts of the county. During the winter sessions especially, the long evenings afforded abundant opportunity for enjoying the Lenial social in tercourse of judges and lawyers, which was a prominent feature on these occasions. Later, too, when the courts were held at Lenox, it was ons- tomary for the members of the bar to spend the whole week there, from Monday morning till Saturday night, and the social life then developed was always pleasant and charming. "That." says Judge Robinson. " was a notable circle of strong men who used to contend in the hits at the old court house at Lenox, and who, after the struggles of the day were over and they had reached the parlor of the Curtis boarding house across the way, made the nights delightful and memorable with their sparkling stories and converse. Those were brilliant days and nights for the younger members of the bar, who never wearied at those rare and stimulating exhibitions of power and wit. Time and fate have changed all this and rapidly removed these actors from mortal view "
During the years that have passed since the formation of Berkshire county her courts have, for the most part, been presided over by magis trates of the highest respectability and worth-
.. Venerable men who has the wale Of equal justice lighed un worthy write"
while many of the members of her har have won a proud forlenge in their profession and achieved a high distinction in the state.
328
HISTORY OF BIRESHIRE COUNTY.
LAW LIBRARY.
In 1815 a Law Library Association was formed by the members of the Berkshire Bar to procure law books for use during the seashore of the courts; by 1829 they had collected 310 volumes. The law liberty at Pittsfield now contains about 3,000 volumes, embricing the Reports of all the New England States, and New York and Pennsylvania, some of the English Reports, the American Reports and Decisions. Reports of the United States Supreme Court. and a good selection of standard text hanks.
JUDOL.S.
Berkshire county has furnished the following judges for the several courts of the county and State :
Supreme Judicial Court :
Theodore Sedgwick, Stockbridge, 1802-13 : Daniel Dewey, Willianes. town, 1814-15 ; Charles A. Dewey. Williamstown and Northampton. 1837-66 ; James D. Colt. Pittsfield. 1855-66, 1868-81.
Court of Common Pleas :
Joseph Dwight, Great Barrington, 1761-65, presiding justice 1761-65: William Williams, Pittsfield, 1761-81. presiding justice 1765-81 : Timothy Woodbridge, Stockbridge. 1761-74; John Ashley. Sheffield. 1705-81 : Perez Marsh, Dalton. 1765-81 : William Whiting. Great Barrington. 1781-87, presiding justice 1781-87 ; Jalileel Woodbridge, Stockbiride. 1781-95, presiding justice 1787-95 ; James Barker, Cheshire, 1751 Charles Goodrich, Pittsfield, 1784-88 : Elijah Dwight, Great Barrington. 1787-94 : Thompson J. Skinner. Williamstown. 1768-1807, presiding jus- tice 1795-1807 ; John Bacon, Stockbridge, 1989-1811. presiding justin. 1807-11 ; Nathaniel Bishop, Richmond, 1795-1811: David Nobla. Wil liamstown, 1795-1803 : William Walker. Lenox, 1807-11.
This court, as it was composed in 1790, is thus described in some verses written at that time by a member of the bar :
(a) " A shrewd anti-federal Chief Justice presides. Whose name represents him a flyer of hides.
(b) Next sits an old Democrat, stiff as a hvg, Who breaks through the fences and! riots up the log. Whose opponents never get ringed him or tobed bio, Although while alive to tough Bacon they've smoked bin.
(c) The next on the bench is a Phonix on earth. A Republican Bishop and such, to, by birth.
(d) And what is still stranger a Noble we find Who ever is proud of a Republican mind."
(a) Gen. Thompson J. Skinner.
(b) John Bacon.
(C) Nathaniel Bishop ( Daniel Noble
In 1811 the State was distrieted, and a Circuit Court of Common Pleas established for each district. Ezekiel Bacon, of Pittsfield. 3.15 chief justice of this court, for the Western District, from 1811 to 1914. there being no other member from Berkshire : this district embraced Worcester, Hampshire, Franklin, Hamjelen, and Berkshire counties.
GENERAL. HISTORY.
This court was abolished in 1820, and there was established a Court of Common Pleas for the State, holding its sessions in the several counties The following from Berkshire have been judges of this court :
Horatio Byington, Stockbridge, 1848 56 : Henry W. Bishop, Lammox. 1851-59 : George N. Briggs. Pittsfield, 1853-59.
The Court of Common Pleas was abolished in 1850, and the present Superior Court was then established. It consists of one chief justiceand! ten associate justices. Its sessions in this county are held at Pittsfield. for civil business, on the fourth Mondays of February, June, and October; for criminal business, on the second Mondays of January and July. Julius Rockwell, of Lenox, appointed 1950, and Jonge M Barker, of Pittsfield, appointed 1882, are now justices of this court.
A law term of the Supreme Judicial Court is held at Pittsfield on the second Tuesday of September, and a jury term on the second Tuesday of May. This court consists of a chief justice and six associate justices
The Court of Sessions from 1761 to 1807 consisted of all the justies of the peace in the county ; from the latter period, with some changes and intermissions, it consisted of a chief justice and three or four as sociates until 1828, when it was abolished and its powers transferred to the board of county commissioners.
Chief justices, -Nathaniel Bishop. Richmond, 1807; Joshua Dan forth. Pittsfield, 1808; John Bacon, Stockbridge, 1809 ; William P. Walker, Lenox. 1819-28.
Associate Justices,-Joshua Danforth. Pittsfield, 1807-14 : Samohel H. Wheeler, Lanesborough, 1807-9; Adonijah Bidwell. Tyringham. 1807-14 : Azariah Eggleston, Lenox, 1808-14 : William Walker, Lenax. 1S09-14 : Wolcott Hubbell. Lanesborough, 1814-27 : Joseph Whiton. Lee, 1814-28 ; Luther Washburn, Pittsfield. 1827-29.
Clerks of the Courts, -- Elijah Dwight, Great Barrington. 17018 Henry W. Dwight, Stockbridge, 1781 : Joseph Woodbridge, Stockbridge, 1803 ; Charles Sedgwick, Lenox, 1821 ; Henry W. Taft (present clerk). Pittsfield, 1856.
County Attorneys, -Theodore Sedgwick, Stockbridge. -: Ashbel Strong, Pittsfield, 1802 : Daniel Dewey, Williamstown. - : John Hunt, Stockbridge. 1811; John Whiting. Great Barrington. 1814: Charles A. Dewey, Williamstown, 1830-37.
District Attorneys, -Daniel A. Wells, Greenfield. 1887 : William Porter, Lee, 1843; William G. Bates, Westfield, 1851 : Increase Summer; Great Barrington, 1852 : Henry L. Dawes, Pittsfield, 1851; Edward B Gillett, Westfield. 1857; George M. Stearns, Springfield, 1872 ; . V. A. Leonard, Springfield, 1874 six months): E H. Lathrop, Springfield, 1875; N. A. Leonard, Springfield, 1878 ; Andrew J. Waterman presengt attor ney) Pittsfield, 1880.
Judges of Probate .- JJoseph Dwight. Great Barrington, 1761: Wil liam Williams, Pittsfield, 1765 ; Timothy Edwards, Stockbridge. 17281 Jableel Woodbridge, Stockbridge, 1787 ; William Walker, Lenos. 1705 :
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HISTORY OF BERKSHIRE COUNTY.
William P. Walker, Lenox. 1824: Daniel N. Desey. Williamstown. 1848 ; James T. Robinson (present judge), North Adams, 15.0.
Registers of Probate, Elijah Dwight, Grent Barrington, 1761 ; Wil liam Walker, Lenox, IST : Edward Edwards, Stockbridge. 18: Na. thaniel Bishop, Richmond, 1995; George Whitney, Stockbridge. 187 ; Henry W. Bishop, Lenox, 1899; Francis D. Farley (July to September, 1851 : John Branning. Le, ISST : Henry W. Taft. Pitt-field. THE An- drew J. Waterman, Pittsfield, 1855; Edward T. Sloem present register, Pittsfield, 1881.
THE BAR.
The following list is believed to contain the names of all those no1 now living-who had been admitted to the Berkshire bar prior to 18000 Doubtless some have been admitted to the bar in other parts of the State who practiced in this county, whose names are not given. Some of the early judges mentioned were not members of the bar.
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