History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I, Part 4

Author: Hurd, D. Hamilton (Duane Hamilton), ed. n 85042884-1
Publication date: 1888
Publisher: Philadelphia : J. W. Lewis & Co.
Number of Pages: 1538

USA > Massachusetts > Essex County > History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I > Part 4

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The act establishing the Supreme Judicial Court, July 3, 1782, provided that the court should and might from time to time make record and establish all such rules and regulations with respect to the ad- mission of attorneys ordinarily practicing in the said court, and the creating of barristers-at-law. Under the provisions of this act the following rule was adopted and entered on the records of the Supreme Judicial Conrt :

"Suffolk SS. At the Supreme Judicial Court at Boston the last Tues- day of August, 1783, present William Cushing, Chief Justice, and Na- thianiel P. Sargeant, David Sewall and Increase Sumner, Justices, ordered that barristers be called to the Bar by special writ to be ordered by the Court, and to be in the following form :

" COMMONWEALTH OF MASSACHUSETTS.

" To A. B., Esq., of -, Greeting : We well knowing your ability, learning and integrity, command you that you appear before our Justices of our Supreme Judicial Court next, to be holden at -, in and for our county of -, on the - Tuesday of -, then and there in our said Court to take upon you the state and degree of a Barrister-at-Law. lIereof fail not. Witness -, Esq., our Chief Justice at Boston, the - day of -, in the year of our Lord - and in the - year of our Independence -. By order of the Court. - , Clerk.

" which writ shall be fairly engrossed ou parchment and delivered twenty days before the session of the same Court hy the Sheriff of the same county to the person to whom directed and being produced in Court by the Barrister and there read by the Clerk, and proper certificate thereon made, shall be re-delivered and kept as a voucher of his being legally called to the bar: And the Barristers shall take rank according to the date of their respective writs."

It is believed that no barristers were called after 1784, and the following rule adopted in 1806 seems to have substituted counselors in their place :

"Suffolk SS. At the Supreme Judicial Court at Boston for the coun- ties of Suffolk and Nantucket the second Tuesday of March, 1806, pres- ent Francis Dana, Chief Justice, Theodore Sedgwick, George Thatcher and Isaac Parker, Justices, ordered : First. No Attorney shall do the business of a Counsellor unless he shall have been made or admitted as such by the Court. Second. All Attorneys of this Court who have been admitted three years before the sitting of this Court shall be and hereby are made Conusellors and are entitled to all the rights and privileges of such. Third. No Attorney or Counsellor shall hereafter he admitted withont a previous examination, etc."

In 1836 the distinction between counselor and at- torney was abolished. The rule of court adopted in 1783 by the Supreme Judicial Conrt was issned under

the provisions of the law passed the year before. The rule adopted in 1781 by the Superior Court of Judi- cature seems to have been provided for by no previ- ous law, and it is even doubtful whether before that time any rule had ever been made by the New Eng- land courts providing for barristers. Precisely how early they were introduced into our courts it is im- possible to discover. It is known, however, as is stated by Washburne, in his history of the judiciary, that as early as 1768 there were twenty-five in Massa- chusetts, of whom Daniel Farnham, William Pynchon, John Chipman, Nathaniel Peaselee Sargeant and John Lowell were of Essex. It is possible that be- fore the year 1781, during the provincial period, the English rule was followed and that the rule of that year was adopted in consequence of the new order of things brought about by the Revolution.

It has been stated that the court termed "the Court of General Sessions," which consisted of the justices of the peace in each county and had existed during the provincial period, was changed to "the General Court of Sessions" in 1807. The judges appointed to this court for Essex County were Samuel Holten (chief justice), Josiah Smith, Wm. Pearson, Thomas Kitteridge, John Saunders, Henry Elkins (justices), and John Punchard (clerk). In 1809 this court was abolished, and its powers and duties transferred to the Court of Common Pleas. In 1811, however, it was re-established, and its officers consisted of Sam'l. Holten (chief justice), Thomas Kitteridge, Henry Elkins, John Prince and Joseph Fuller (justices) and Joseph E. Sprague (clerk).

The sessions of the Supreme Judicial, Superior and Probate Courts, as now provided by law, are, --

Supreme : Law term at Salem on the first Tuesday in November. Jury terms at Salem oo the third Tuesday in April and the first Tuesday in November.

Superior : Civil terms at Salem on the first Mondays in June and De- cember ; Lawrence on the first Monday in March ; Newburyport on the first Monday in September. Criminal terms,-Salem on the fourth Monday in Jannary ; Newburyport on the second Monday io May ; Lawrence on the fourth Monday in October.

Probate : Salem on the first Monday in every month and on the third Monday in every mouth, except August ; Lawrence on the second Monday in January, March, May, June, July, September, November ; Haverhill on the second Monday in April and October ; Newburyport oo the fourth Monday in January, March, May, June, July, September, November ; Gloucester on the fourth Monday in April and October.

The record of admissions to the bar in Essex County begins in 1795, and the following is believed to be a correct list up to 1887, inclusive :

1795. Ichabod Tuker Wm. B. Sewell John Pike

1796. Charles Jackson

1801. Joseph Story

Joseph Sprague (3d)

Benj. R. Nichols

1804. Joseph Dana

Ralph H. French

Daniel A. White

John Prince, Jr. Samuel Swett

1805. Ebenezer Moseley

1806. Leverett Saltonstall John Pickering

1807. Henry A. S. Dearborn

Wm. S. Titcomb Elisha Macke Moody Noyes Samuel L. Knapp

1808. Ebenezer R Beeckford Nathaniel Sawyer Joseph Hovey

1809. B. L. Oliver, Jr.

xiv

HISTORY OF ESSEX COUNTY, MASSACHUSETTS.

David Cummings John Maurice O'Brien.

1810. Jacob Gerrish

Larkin Thorndike

1835. Wm. Fabens

Jonathan C. Perking

E. P. G. Marslı

1857. Jacob Haskell

1837. Thos. B. Newhall 1838. Joseph Couch

Win. Taggart Nathl. F. Safford, Jr Francis Cumosios

JI. N. Merrill P. S. Chaso

1812. Timothy Hammond James C. Merrill W'm. Birley Jacob Willard John Glen King Frederick Howey Ebenezer Everett

Theodore Ames

1813. Geo. Newton

Edward Andrews Thos. Stephens, Jr Octavius Pickering John Scott

1814. IFeary Peirce

1815. Jas. H. Duncan

Elisha F. Wallace W. A. Rogers

JOB. F. Clark Wm. L. Rogers

1845. Moses Foster, Jr.

Wm. L. Peabody

Chas. Sewall

Arthur A. Peterson

Benj. Barstow

Jeremiah P. Jones

Wm. D. Northend

1819. Ebenezer Shillaber John W. Proctor

1820. A. W. Wildes

1821. Isaac R. How

E. H. Derby Jos. G. Watere

1823. Robt. Cross

G. C. Wilde

Wm. Oakes

John A. Richardson

Rufus Chonte

Thornton Bettou

Robt. Rantonl, Jr.

1824. Jos. H. Prince

John Walsh

1825. Benj. Tucker

1826. A. Huntington

Muses Parsons Parleb Gilman Parker Stephen P. Webb J. C. Stickney David Roberta W. S. Alleu

1851. Philo L. Boverly

Win. C. Prescott Stepheu G. Wheatland John B. Clarke Stephen B. Ives, Jr.

1864. R. B. Brown

H. L. Sherman A. R. Sanborn John W. Porter Geo. H. Poor

H. W. Boardman W. H. Dalrymple Chas. A. Sayward Solomon Lincoln, Jr. N. Mortimer Hawkes

1865. David M. Kelly Elbridge T. Burley Porter T. Roberta John P. Adams Eben A. Andrewa Wm L. Thompson

1866. Wm. E. Blunt John W. Berry C. A. Phillips Walter Parker

Thos. F. Hunt

Win. S. Knox Warren H. Mace

1867. Wm. C. F'abens

Andrew C. Stone

Geo. W. Cate Roht. W. Pearson Jas. L. Rankin Jas. L. Young 1868. Henry P. Moulton Henri N. Woods Geo. Holman Horace C. Bacou Benj. E. Valentine

Geo. W. Foster Chas. Webb

J. Kendall Jenness

1869. Jeremiab T. Maloney Jos. O. Goodwin Nathan N. Withington John Edwards Leonard

1870. Chas. E. Briggs Fred. D. Burnham John S. Gile Hiram P. Harriman Chas. G. Saunders

1871. Wm. S. Iluse Samuel A. Johnson James H. Giddings

1872. Ira Anson Abbott Chas. W. Richardson Fred. P. Byram Ira B. Keith Wm. Henry Gove Leverett S. Tuckerman Josiah F. Bly Wmn. W. Wilkins

1873. Arba N. Lincoln Jos. E. Buswell Chas. Upham Bell Frank P. Ireland Chas. A. Benjamin Andrew Fitz Chae. D. Moore 1874. Amos E. Rollins Louis W. Kelley Chas. HI. Parsons A. L. Huntington Fred. A. Bentou Arthur F. Morris Chas. Roberts Brickett

1875. John P. Swoency Willis E. Flint Frank W. Hale N. D. A. Clarke Thoe. Iuse, Jr.

1876. Edward B. George Wilson S. Jenkias Samuel H1. Ilodges David L. Withington Francia H. Pearl Frank P. Allen Jerome H. Fiske Henry F. Chase

1877. Heury T. Croswell David C. Bartlett Jas. E. Breed Wm. F. M. Collins

1831. Alfred Kittridge Chus. Minot Francis B. Crowninshield Henry Field Chas. A. Andrew

1832. N. Deverenx

Ephraim T. Miller Joshua II. Ward Geo. II. Devereux

W'm. G. Woodward

1833. John W. Browne Goo. Lunt 1834. Francis Silsbee

C. Osgood Morso Edward L. Sherman Geo. W. Benson

Benj. Bordmau

Samuel Merrill Jos. B. Manning R. W. Swett John Gallison Stephen Hooper

Otis P. Lord

Wmn. H. Parsons Harrison Gray Jos. Eastman

John James Ingalls Jobn B. Stickuoy Henry Carter

1858. Amos Noyes (2d) Edgar J. Sherman Ephraim A. Ingalls Wul. M. Rogers Chas. Kimball

David B. Kimball

1842. Frederick Merrill

Luther A. Hackett Horace Plumer

18-13. Geo. Ilaskell

1844. Alfred A. Abbott

1859. Geo. P. Burrill Wm. P. Upham Benj. H. Smith B. T. Hutchinson John F. Devereux John S. Driver

Thorndike D. Hodges 1860. Henry W. Chapman John K. Tarbox John C. Sanborn Wm. G. Currier Wul. Fisk Gile

Thns. A. Cushing Wm. Cogewell

1847. W. Augustus Marston

1848. Louie Worcester George R. Lord A. G. White

Geo. F. Choate N. S. Howe

1849. Wm. H. P. Wright

Jairus W. Perry. Nathaniel Pierce B. Frank Watsou

1862. Edward P. Kimball Henry G. Rollins Geo. Foster Geo. Wheatland, Jr

1863. Nathaniel J. Holden Caleb Saunders Frank Kiaiball Minot Tirrell, Jr. Cbas. S. Oagood

1827. Samuel Phillips 1828. David Mack

Nathaniel J. Lord

Geo. Wheatland Ellis Gray Loring John Tenney Edward L. Le Breton Nathaniel P. Knapp N. W. llazen 1830. John Codmau John S. Williame.

Daniel E. Safford

1852. Sidney C. Baucroft Caleb Lamsou J. A. Gillis

Joseph H. Robinson Abner C. Goodell, Jr. John N. Pike 1853. Chas. J. Thorndike

Chas. Il. Stickney

1854. Michael B. Mulkine Hiram O. Wiley 1855. Francis S. Howe C. W. Upham Wm. G. Choato G. A. Peabody Robt. S. Rautonl IS56. Harrison G. Johnson Jos. Il. Braydon

Peter W. Lyall Newton P. Frye Ghas. F. Caswell Moses II. Ames Eben F. P. Smith Geo. F. Means Thos. C. Simpson, Jr. Geo. Galen Abbott

Chas. A. Tobin Boyd B. Joues

1878. John A. l'ago

1816. Wm. Thorndike Rufus V. Ilovey

1818. Andrew Dunlap Solomon S. Whipple John Foster

1839. Wm. O. Moseley Edward P. Parker Richard West Francis II. Upton Jos. G. Gerrish

1840. II. F. Barstow Win. Willianis Simon F. Barstow

Wm. F. C. Stearns David Kimball

1846. Augustue D. Rogers Daniel Weed Isaac Ames Horace L. Conolly

1861. John Millikin

Francis H. Berick Micajah B. Mansfield Alphonso J. Roberson Geo. A. Bousley

1850. Wm. C. Eudicott E. W. Kimball Geo. Andrewe Dean Peabody.

Ammi Brown Jacob W. Reed

INTRODUCTORY.

Geo. J. Carr Hiram 11. Browne Wni. II. Moody Dennis W. Quill Thos. F. Gallagher Wm. F. Moyes John C. M. Bayley Horace I. Bartlett Daniel N. Crowley Patrick I. McCuskio Geo. B. Ives.

1879. Frank H. Clarke Edward P. Usher Joseph V. Sweeney Michael J. McNeirny Joseph V. Hannao Forrest L. Evans Charles Leighton Edwin F. Cloutman Charles D. Welch Frank V. Wight Jacob Otis Wardwell Charles G. Dyer Charles H. Symonds Edward E. Frye Theodore M. Osborne N. Sumner Myrick Daniel J. M. O'Callaghan Charles A. Russell Charles Howard Poor

1880. Benj. Newhall Johnson Josiah F. Keene Jonathan Lamson Wm. W. Butler Frank C. Skioner Charles S. Wilson Frank E. Farnham Henry C. Durgin Alden P. White Charles E. Todd William Perry Calvin B. Tuttle G. M. Stearns John R. Baldwin Samuel Merrill Benj. K. Prentiss, Jr. Frederick G. Preston Edward C. Battis

1881. Charles A. De Courcy Albert Biroay Tasker John Milton Stearns Alfred L. Baker

1882. Wm. F. Noonan Wiu. II. Lucie Charles F. Sargent Wm. D. T. Trefry James W. Goodwin Edward H. Browne Benjamin C. Ames Edward H. Rowell John C. Pierce Nathaniel C. Bartlett Edwin A. Clark George L. Weil

Tristram F. Bartlett Nathaniel N. Jones Isaac A. Lamson

1883. Marshman W. Hazen Charles A. Weare Thomas H. Ronayne Summer D. York Frank C. Richardson Wm. A. Pew, Jr. George E. Batchelder Melville P. Beckett Edmund B. Fuller

1SS4. Samuel A. Fuller Eugene T. McCarthy Wm. T. McKone Joseph F. Quinn

1885. John R. Poor George H. Eaton Warren B. Hutchinson John J. Flaherty Jeremiah E. Bartlett Byron E. Crowell Robert O'Callaghan Cornelius J. Rowley Robert T. Babson Thomas Keville, Jr. Richard E. Hines John C. Dona van

1886. Harry J. Cole

Wiafield S. Petere Edward P. Morton Horace M. Sargent Wm. O'Shea Wm. C. Eadicott, Jr. Wm. R. Rowell

1887. George H. Williams Benjamin G. Hall Andrew Ward Rufus P. Tapley, Jr. Archibald N. Donahue

There remains little to be included within this sketch of Essex County. The details concerning the jails of Ipswich, the first of which was built in 1652; of the court-house and probate building in that town, the latter of which was built in 1817, and held the records until they were removed to Salem; of the erection of a jail and house of correction in Law- rence in 1853, and of the erection of a court-house in that city in 1859, and of the county buildings in Newburyport and Salem, consisting in the latter city partly of a granite court-house, built in 1841, and a brick court-house built in 1861, will be included in the town histories. There are various corporations, associations and societies which would properly come within the scope of these histories, but in case they may be omitted it may, perhaps, be well to refer to them at least by name. Those best known are the Essex Institute, at Salem, established in 1821 and in-

corporated in 1848 ; the Essex County Natural History Society at Salem, incorporated in 1836 ; the Peabody Academy of Science, established at Salem in 1867 with a fund of $140,000, of which the sum of $40,000 was ex- pended in the purchase of the hall and museum of the East India Marine Society; the Essex Agricultural Society, founded by Colonel Timothy Pickering, in 1818; the Essex North and Essex South Medical Socie- eties, and the Essex County Homoeopathic Medical Society ; the Merrimac Valley Dental Association ; the Veteran Odd Fellows' Association, of Essex County ; the Teachers' Association, incorporated in 1827, and Unitarian Conference and Congregational Club.

This sketch, feared by the author to be imperfect, more especially in its enumeration of the early offi- ces and their incumbents, concerning whom the records are often confused, will close with a list of the present officers of the county :

Judge of Prohate and Insolvency, George F. Choate, of Salem ; Reg- ister of Probate and Insolvency, Jeremiah T. Mahoney, of Salem ; Clerk of the Court, Dean Peabody, of Lyng ; County Treasurer, E. Kendall Jenkins, of Andover; Sheriff, Horatio G. Herrick, of Lawrence ; Regie- ter of Deeds (North District), John R. Poor, of Lawrence ; (South Dis- trict), Charles S. Osgood, of Salem ; County Commissioners, John W. Raymond, of Beverly, until 1887 ; Edward B. Bishop, of Haverhill, until 1888 ; David W. Low, of Gloncester, notil 1889 ; Special Commis- sioners, Aaron Sawyer, of Amesbury, until 1889 ; Ivory Emmons, of Swampscott, uncil 1889 ; Commissioners of Insolvency, Sherman Nelson, of Georgetown William L. Thompson, of Lawrence ; Horace I. Bart- lett, of Newburyport; Trial Justices, J. Scott Todd, of Rowley ; Na- thaniel F. S. York, of Rockport ; William M. Rogers, of Methuen ; Orlando B. Tenuy, of Georgetown ; George H. Poor, of Andover ; George W. Cate, of Amesbury ; Amos Merrill, of Peabody ; Orlando S. Bailey, of Amesbury ; William Nutting, Jr., of Marblehead ; Wesley K. Bell, of Ipswich ; Stephen Gilman, of Lyonfield ; and Joseph T. Wilson, of Nahant.

CHAPTER II.

THE BENCH AND BAR.

BY WILLIAM T. DAVIS.

THE preceding chapter contains matter which might, perhaps, properly be included in this. That chapter contains, in connection with a sketch of the courts of Essex County, a list of persons admitted to the bar, chiefly copied from the records in the clerk's office in Salem. The present chapter will be devoted principally to sketches of the bench and bar, many of them necessarily short, but, perhaps, suf- ficient, if not to do justice to the subjects them- selves, to at least demonstrate the fruitfulness of the county from its organization, in 1643, in eminent men. It is not too much to say that no county in the State can furnish so distinguished a list of men edu- ucated to the law among its native citizens.

xvi

HISTORY OF ESSEX COUNTY, MASSACHUSETTS.

Among those on the bench in the colonial and early provincial periods few of the judges were law- yers. Up to the Revolution only four judges, edu- cated in the law, had been appointed to the bench of the Superior Court of Judicature,-Benjamin Lynde, Paul Dudley, Edmund Trowbridge and Wil- liam Cushing. Few lawyers found their way across the ocean, and . fewer still pursued a professional study here. A prejudice against them existed, and the inducements to enter the profession were small. The General Court of the Massachusetts Colony re- flected this prejudice by ordering, on October 21, 1663, " that no usual and common attorney in any Inferior Court shall be admitted to sit as Deputy in this Court." In 1685, or immediately after that date, during the reign of James II., Edward Randolph wrote to England that there were only two attorneys in Boston, and asked to have sent "two or three honest attorneys, if any such in nature."

A Bar Association was formed in 1806, and at that time there were probably only twenty-three members of the bar in Essex County, while to-day, as the list at the end of this chapter shows, there are two hundred and three. These twenty-three were John Pickering, Timothy Pickering, Benjamin Pickman, John Prince, Jr., Samuel Putnam, Leverett Salton- stall, Joseph Story, William Prescott and Samuel Swett, of Salem ; Joseph Dana, Michael Hodge, Ed- ward Little, Edward St. Loe Livermore, Ebenezer Moseley and Daniel A. White, of Newburyport ; Ste- phen Minot and John Varnum, of Haverhill ; Nathan Parks, of Gloucester ; Ralph H. French, of Marble- head ; Asa Andrews, of Ipswich ; Nathan Dane, of Beverly ; and Samuel Farrar, of Andover.

This association probably dissolved about the year 1812, and in 1831 another association was formed, whose records show that at the time of its formation there were fifty-two members of the bar. Leverett Saltonstall was the first and probably its only presi- dent, as it existed only a few years. Ebenezer Shilla- ber was its secretary, and Ebenezer Moseley, Jacob Gerrish, John G. King, Rufus Choate and Stephen Minot composed its standing committee. The pres- ent Bar Association was formed at the court-house in Lawrence October 20, 1856, and its constitution was adopted at a meeting held at the court-house in Salem December 16, 1856. Its presidents have been Otis P. Lord, Asahel Huntington, William C. Endi- cott, Stephen B. Ives and the present incumbent, William D. Northend.

SAMUEL APPLETON, born in Waldingfield, Eng- land, in 1624, came to New England with his father, Samuel, in 1635 and resided in Ipswich. He was named in the charter of 1692 as one of the Council, and was one of the first judges appointed in 1692 to the bench of the Court of Common Pleas for Essex, holding his seat until his death, May 15, 1696. He married Hannah, daughter of William Paine, of 1p-

swich, and for a second wife, Mary, daughter of John Oliver, of Newbury.

DANIEL PIERCE is believed to have been a native of Newbury. In 1698 he was appointed judge of the Essex Court of Common Pleas, and held his seat until his death, January 22, 1704.

WILLIAM BROWNE was the son of William Browne, and was born perhaps in Salem in 1639. In 1689, after the accession of William and Mary, he was one ot the Committee of Safety. He was appointed to the bench of the Essex Court of Common Pleas in 1696, and died while in office, February 14, 1716.

JOHN APPLETON, nephew of Samuel Appleton above-mentioned, and son of John, was probably born in Ipswich in 1652. He was town clerk of that town in 1697; deputy to the General Court in 1697; a member of the Conncil from 1698 to 1702, from 1706 to 1715 and from 1720 to 1722. He was appoint- ed to the Essex Common Pleas bench in 1704 and re- moved by Governor Belcher in 1732. Hewas in the same year made judge of probate for Essex, and held that office until his death, in 1739. He married, Novem- ber 23, 1681, Elizabeth, daughter of John Rogers, president of Harvard College.

THOMAS NOYES was probably born in Newbury in 1649. He was appointed to the bench of the Essex Court of Common Pleas in 1707, and held that office until 1725. He died April 12, 1730.

JOHN HIGGINSON, the son of Rev. John Higgin- son, and grandson of Rev. Francis Higginson, ot Salem, was a merchant by profession, and appointed to the Essex Common Pleas bench in 1708, and held that office until his death, in 1720, at the age of sev- enty-three years.

JOHN BURRILL was born in Lynn in October, 1658. He represented that town for many years in the General Court and during ten years was Speaker of the House. He was crown counselor and appointed to the Common Pleas bench in 1720, and died Decem - ber 10, 1721.

SAMUEL BROWNE, son of Judge William Browne already mentioned, was born in Salem, October 8, 1669. He succeeded his father on the Common Pleas bench in 1716, and as associate and chief justice continued on the bench until his death, June 16, 1731.

BARTHOLOMEW GEDNEY was a physician, and prob- ably born in Salem in 1640. He was one of the jus- tices of the Court of Oyer and Terminer, organized in 1692 by Governor Phipps, for the trial of the witches. He was appointed in 1692 judge of probate for Essex County, under the authority assumed by Governor Phipps to delegate probate power vested in him. In the same year he was appointed one of the judges of the Court of Common Pleas. He seems to have mingled military with judicial occupations, and commanded an expedition against the Indians in 1696. He died February 28, 1698-99.

JONATHAN CORWIN was a native of Salem, born in

xvii

THE BENCH AND BAR.

November, 1640. In 1692, on the resignation by Na- thaniel Saltonstall of his seat on the bench of the Court of Oyer and Terminer, organized by Governor William Phipps for the trial of the witches, he was appointed in his place. After the union of the col- onies he was appointed one of the judges of the Court of Common Pleas for Essex County, and in 1715 was appointed to the bench of the Superior Court of Judi- cature, holding the office until his death, in June, 1718.

WILLIAM HATHORNE came in the "Arbella " with Winthrop in 1630, and first settled in Dorchester. In 1636 he received a grant of lands from Salem, and took up his residence there. He was commissioned speaker of the House, counsel in court, judge and soldier.

Johnson, in his "Wonder-Working Providence,", says : "Yet, through the Lord's mercy we still retaine among our Democracy the Godly Captaine William Hathorne, whom the Lord has imbued with a quick comprehension, strong memory and Rhetorick, and volubility of speech, which has caused the people to make use of him often in Public Service, especially when they have had to do with any foreign govern- ment." He was the American ancestor of Nathaniel Hawthorne.

JOHN HATHORNE, son of William Hathorne above- mentioned, was born in Salem August 4, 1641. Be- for the union of the Massachusetts and Plymouth Colonies he was a representative or delegate to the General Court, and one of the assistants. At the acces- sion of William and Mary to the throne, after the deposition of Andros, he was one of the Council assuming the government of the colony. When the Court of Common Pleas for Essex County was estab- lished he was appointed one of its judges, and in 1702 was promoted to the bench of the Superior Court of Jndicature. While on the bench he was a member of the Council, and, under the direction of Lieutenant- Governor Stoughton, commanded an unsuccessful ex- pedition against the French and Indians on the Penobscot River. He continued on the hench of the Superior Court until his resignation, in 1712, and died on the 10th of May, 1717.

BENJAMIN LYNDE was born in Boston September 22, 1666, and graduated at Harvard in 1686. He studied law at the Temple in London, and was admit- ted as a barrister before his return to America. Washburn, in his "Judicial History of Massachu- setts," says that he was the first regularly educated lawyer ever appointed to the bench of the Superior Court. In 1699, or thereabouts, he removed to Salem, and made that place his residence until his death, on the 28th of January, 1749. He was appointed one of the justices of the Superior Court of Judicature in 1712, and in 1728, on the resignation of Samnel Sewall, was appointed chief justice.

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History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I, Part 4

Author: Hurd, D. Hamilton (Duane Hamilton), ed. n 85042884-1 Publication date: 1888 Publisher: Philadelphia : J. W. Lewis & Co. Number of Pages: 1538

Author: Hurd, D. Hamilton (Duane Hamilton), ed. n 85042884-1
Publication date: 1888
Publisher: Philadelphia : J. W. Lewis & Co.
Number of Pages: 1538