History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II, Part 98

Author: Hurd, D. Hamilton (Duane Hamilton) ed
Publication date: 1888
Publisher: Philadelphia, J. W. Lewis & Co.
Number of Pages: 1672

USA > Massachusetts > Essex County > History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II > Part 98

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" TO THE GENTLEMEN THE SELECTMEN OF GLOUCESTER :

" We, the subscribers, being appointed by the town at their last an- nual March meeting, to notice and inform of all those persons who sell ardent spirits contrary to the statute laws of this commonwealth, hav- ing attended to the business of our appointment, find that the following licensed persons have not conformed to the laws for the year past. But have been and continue in the constant habit of selling liquors mixed and drank in their shops in open violation of the laws of this Common- wealth. (The report names sixteen persons thus engaged.)

" As ne person can obtain a license but through the approbation of the selectmien, we think it most expedient in the first instance to give them this timely notice, with full confidence that they will not be went- ing in their duty, end will withhold their future approbation.

" But, if any of the above-named persons who pay no regard to the wholesome laws of this commonwealth should obtain an approbation, we are determined to make e presentment of all such persons to the General Sessions of the County.

(Signed) " JAMES GOSS. " FRANCIS NORWOOD. " SOLOMON CHOATE. " SOLOMON POOLE. " TIMOTHY R. DAVIS. " JOUN MASON. " GLOUCESTER, June 25th, 1814."

Committee.

These men were not Prohibitionists, but were law and order men, and were determined that the laws of the State should be obeyed.

.Almost every grocer in those days applied for and obtained a license to retail liquors, but their license did not allow it to be drank on the premises.

Licensed taverners and victualers were only allowed to sell it to be drank upon the premises. The select- men's approbation was about as follows : " We hereby certify that Mr. -- is a man of good moral char- acter, and the public good requires that he be licensed as a retailer of liquors."

It seems that the sixteen persons complained of as violaters of law were all citizens of Gloucester barbor. Sandy Bay was, it appears, law-abiding, but we are sure it did not continue so many years, for we well remember when it was sold openly at some twenty-two places, and at most of them in violation of law. About 1830 a temperance society was instituted; but its pledge did not prohibit the use of cider and winc. It was soon found that the need was for a more stringent pledge, as some members would drink hard cider to excess.

Then a new pledge that included total abstinence from all intoxicating liquors was entered into. The Washingtonian movement did great good in Rockport. Many who were on the down grade turned right about and signed the pledge of total abstinence from all that is intoxicating; and a large number of dealers in liquors gave up the business during the ten years from 1840 to 1850. Temperance boomed. There have been at different seasons several temper- ance organizations. Besides the open societies there have been the Sons of Temperance, the Good Temp- lars, both at the North and South Village, the order of Rechabites, &c., &c. The town in 1856 appro- priated five hundred dollars for the enforcement of the liquor law, and have made appropriations for that purpose each year as needed, and a special police to execute the law have been appointed. There is no

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place in Rockport where liquor is openly sold, nor has there been for several years. On the license question the vote has always been No by a large majority. There are now two temperance organiza- tions, the Good Templars, Northern Light, at Pigeon Cove, and the Rechabite Good Templars at the South Village, both in a healthy condition and are doing a good work.

There is also a tent of Rechabites that have been organized more than forty years and have accom- plished much for the cause of temperance.

WOMEN'S RAID. - An interesting event in the history of Rockport and of temperance reform oc- curred on the 8th day of July, 1856, when a well- organized band of some two hundred women, armed with hatchets, and led by a man bearing the Ameri- can flag, marched through the principal streets of the town for the purpose of making a demonstration against the grog-shops of the place. They did not stop to consider their legal rights to ahate these nuisances, for as mothers, wives and daughters they were exposed to and were suffering under the severe evils they inflict. They needed no stronger induce- ments than the law of self-protection. Animated by this purpose, they visited thirteen places where ardent spirits were unlawfully kept for sale; and, seizing casks, demijohns and other vessels containing the bane of their happiness, poured their contents into the street, breaking many of the vessels that they might more speedily discharge their contents.

They completed their work about three o'clock in the afternoon, then marched to Dock Square and exchanged congratulations and rejoiced over the good work performed, after which each went their several ways to their homes.

This proceeding was made the subject of legal investigation, the history of which and its results were as follows :

" An action of test was entered by James Brown against Stephen Perkins and wife for breaking and entering the plaintiff's shop in Rockport and carrying away and destroying a barrel of vinegar and other goods of the plaintiff.

"The answer denied that the defendants entered the shop, or destroyed or carried away any goods; and alleged that the building was for the sale of intoxicating liquors, and so was a public nuisance, and that a large number of persons assembled to abate the same, and destroyed and injured no article of merchandise, but only spirituous liquor, unlawfully kept for sale, and did no other act, and with no more force than was necessary to abate such nuisance."

At the trial before Chief Justice Shaw the plaintiff and others testified that he was a grocer and kept a shop in Rockport; that on the 8th day of July, 1856, the defendants and others broke open his shop and destroyed various articles therein ; and that there was no spirituous liquors there at the time.

The defendants introduced evidence to show that

about three hundred women, some of whom were armed with hatchets, met, according to previous appointment, in a neighboring square and marched in a procession to the plaintiff's shop, and broke it open, and brought out and destroyed spirituous liquors which they found there; that on previous occasions persons had been seen coming out of the shop intoxi- cated; and that when the shop was broken open Perkins was on the opposite side of the street, and his wife was not there at all; and there was conflict- ing evidence as to the part taken by her in the subsequent destruction of the property.

One of the defendants' witnesses testified : " There were many men there, and almost all the women in Rockport-all who could walk, or move on crutches ; all the men appeared to be approving, except the rumsellers; I heard no objection. The selectmen, ministers, deacons, policemen were present ; none of them forbade what was done, but all was peace and harmony. They appeared to be happy, and the shouts came up from the gentlemen.

"The justices of the peace were there; everything that could walk. We determined to carry it through and destroy all the liquor."

So much of the judge's instructions as concerned the points decided by the full court was reported by him as follows :

"The most material question is whether this proceeding was justifiable upon the grounds stated and relied upon. That justification is that by statote, all intoxicating liquors kept for sale, and the vessels aud ini- plemente actually used in selling and keeping the same contrary to the provisions of that act (Statute 1835, C. 405), are declared to be common nuisances, and are to be regarded and treated as such ; and that by an- other statute (1855, C. 405), all buildings, places or tenemente used as houses of ill-fame, resorted to for prostitution, lewdness or for illegal gaming. or used for the illegal keeping or sale of intoxicating liquors, are declared to he common nuisances, and are to be regarded and treated as such.

" Upou this three questions arise : First, Whether all persons, members of the community, have a lawful right to destroy intoxicating liquore thus kept, by way of abatement of a common nuisance ! Second, wheth- er for this they have a right to use force to break open the place where it is so kept if the nuisance cannot be reached aud abated otherwise ! Third, Is it justifiable for a large number of persons to combine and agree together to take and destroy such intoxicating liquor, by force, and to use force in breaking open such a shop in order to come at and get possession of the liquor to be destroyed ?" '

Upon the questions "I (Chief Justice Shaw) was of the opinion and instructed the jury as follows :

"Ist. That intoxicating liquors kept for sale, with the vessels con- taining them, and articles used in the sale, being declared by law to be a common nuisance, it is lawful for any person to destroy them, by way of abatement of a common nuisance, aud that it is thio exercise of a lawful and common right.

"2d. That if kept in such a shop, not a dwelling-house, locked or otherwise closed, it is justifiable to use force, but no more force than is necessary to reach the liquor and vessels if it cannot be come at other- wise.

"3d. That if the combination or conspiracy of a large number of per- Bons extends no further than to take and destroy intoxicating liquore and the vessels, and to use uo unnecessary force, the fact that such a combination is entered into by a large number of persons to act to- getlier, in doing that and no more, would not take away the Justifica- tion they would have, if done by a few of them.

"But the jury were cautioned that this was a dangerone power, to be construed nuder very strict conditions ; comment was made upon the

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HISTORY OF ESSEX COUNTY, MASSACHUSETTS.

danger of permitting people to take the law into their own hands, allud- ing to lynch law, vigilance committees, &c., leading to resistance, to riots, blixalsbed and violence, and destruction to the pence of a civilized community , that na a general rule private persons must rely upon the law for their protection and the redress of grievances. And if the law in in any respect inoperative and iveffectnal, it is the province of the Legislature to amend.it."

The restrictions under which this power can be lawfully exercised, the jury were instructed to be as follows :

" Ist. The power claimed by the defendents is a power conferred by law, and not by license or authority conferred hy private persons, and Inust therefore be construed strictly. And if they exceed their au- thority they are trespassers, ab initio. This justification wholly fails, and the plaintiff is entit ed to recover for all the loss sustained ; so if they break open a shop where no intoxicating liquor is kept, or, if kept, is not kept for sale, they do it at their peril ; and if none such is found, the justification fails ; so if after entering they do unlawtul acts, they aru trespassers ab initiv.

" 2d. If any more force was used than was necessary, or any damage done to the building or to any articles in ibe building, beyond that of taking and destroy ing the intoxicating liquor kept for sale, and the ves- eis thut contained it, then the parties so acting were trespassers ab initio, and the justification is not established.

" L'oder these views the evidence was briefly reviewed and submitted to the Jury. Upon the several questions of facts above stated, esps- cially whether any unterssary torce was used in breaking open the shop, without hrst requesting the owner to unlock it ; or whether uny unlawful acts were done by the party after entering the shop, either to the building or articles in it, and whether a barrel of vinegar or any article other than intoxicating liquor and the vessel, were taken away and damaged.

"The Jury returned a verdict for the defendants ; and the plaintiff moved for a new triel, on the ground that the Jury were misdirected in matters of law ; and this motion was reserved for the whole Court."

Able arguments were presented by the counsel for the plaintiff, Otis P. Lord and J. W. Perry.

Also by S. H. Phillips and R. S. Rantoul for the defendants, Then the court go on to say,-

" This is an nethen for breaking and entering the plaintiff's shop, and Jestroying various articles of property. The defendants, denying the farts, and putting the plaintiff to proof, Insist that if it is proved that they were chargeable with the breaking and entering, it was justifiable by law, on the ground that the shop was a place used for the sale of spirit- unt- liquore, and so was de 'lared to be a nuisauce ; and that they had a right to ubiato the nuisance, and for that purpose to break and enter the shop, ax the proof shows it was done; that the shop contained spirituons liquors kept for sule, that so keeping them wasn nuisance by statuto ; that they had a tight to anter by force and destroy thum ; and that they entered tor that purpose and destroyed such articles, and did no more damage than was necessary for that purpose.

" Int The I' ort are of opinion that spirituons liquors are not of them- wlors a commen nuisance, but the act of keeping them for sale, by statute e estes n nuisance ; and the only mode in which they can be law- fully de troyed in the one directed by statute, for the seizure by warrant, bra ving them before a ninglstrate and giving the owner of the property an ety atunity to defend his right to it. Therefore it is not lawful for ony jen tedentr y them by way of abatement of a common nuisance, had, a fors, but law ful to the time for that purpose.

"2 1 is no lawful by the common law for any and all persons to al at & t man is nasender, then the the doctrines may have been bothe- thnên MIT À ĂN từTHIA NO grHerAT AN to give countenance to this AppCHỈ- then, this is It and goover is never entrusted to individuals in general without prices of law, by way of vindicating the public right, but " iyfor the reef id a party win e right is obstructed by such nnisanco. . | If an h were inten le l to be made the law by force of statuto, it w. to lhe of thery to the pron mit of the Constitution, which directs that : 30ini'd pr porty cơ Er taken from him withont compensation ; rx ot fy the foodemcos o his profs r the Inw of the land , und no per- ante twice ponteland for the same offene And it is clear, undur

" This power of abatement of a public or common nuisance does not place the penal laws of the Commonwealth io private hands.

"4th. The true theory of abatement of a nuisance is that an individual citizen may ahate a private nuisance injurious to him, when he could also hriog an activo ; and also when a common nuisance ohstructs his jodividual right, he may remove it to enable him to enjoy that right, and he cannot be called in question for so doing, us in the obstruction across a highway, and an unauthorized bridge over a navigable water- course, if he has occasion to use it, he may remove it by way of abate- ment. But this would not justify strangers, being inhabitants of other parts of the Commonwealth, having oo such occasion to use it, tu do the same. Some of the earlier cases, perhaps, in laying down the general proposition that private subjects may abate a common nuisance, did oot expressly mark this distinction ; but we think, upon the authority of modern cases, where the distinctions are more accurately made, and upon principle, this is the true rule of law.

"5th. As it is the use of a building, or the keeping of spirituons liquors in it, which in general constitutes the nnisauce, the abatement consists in putting a stop to such use.

"6th. The keeping of a building for the sale of intoxicating liquors, if a opisance at all, is exclusively a common ouisaoce ; and the fact that the husbands, wives, children or servants of any person do frequent such a place and get intoxicating liquor there, does not make it a special nui- sance or injury to their private rights, so as to authorize and justify such persons in breaking into the shop or building where it is thus sold and destroying the liquor there found, and the vessels in which it may be kept; but it can only be prosecuted as a public or a common nuisance in the mode prescribed by law. Upon these grounds, without reference to others which may be reported io detail hereafter, the court are of the opinion that the verdict for the defendants must be set aside, and a new trial had.

"Justices of the Supreme Court at the time of this report,- " HON. LEMUEL SHAW, Chief. " HON. CHANLES A. DEWEY.

" THERON METCALF.

" HON. GEORGE T. BIGELOW. " BENJAMIN F. THOMAS. " PLINY MERRICK.

" HON. STEPHEN H. PHILLIPS, Attorney-General."

In the month of December a new trial of this in- teresting case was had before the Superior Court. HIon. Julius Rockwell presided ; it occupied the court three days. The defendants undertook to prove that they had committed no trespass. The jury, after being out eighteen hours, returned a verdict for the defend- ants, on the 10th day of December, 1859-Perry and Endicott for the plaintiff; Perkins, Derby and Ran- toul for the defendants. John Stimson, Esq., who was extensively engaged in the stone business at Rock- port many years, contributed some thousands of dol- lars to the support of the defense.

FIRES, -- On the night of December 5, 1843, fire was discovered breaking out of a small barn owned by James Pool, and in rear of his dwelling-house. Its progress was rapid and soon extended to his dwelling- house and the dwelling of Solomon Pool and to his two or three barns and to the house of Samuel H. Brooks and his barn. Every building, with nearly all their contents, upon these three estates were burn- ed, except a three-story tenement house owned by Brooks, which stood within twelve feet of the two- story house that was burned. Our fire apparatus were two " tub" engines. The alarm extended to Gloucester, and was quickly responded to by an engine with an efficient company, which rendered valuable service by keeping the fire within the limits named.

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Previous to this there had been but one house de- stroyed by fire in this village ; that was the dwelling of Deacon Solomon Pool and brothers, on South Street, in the year 1830.

During a thunder-storm in the year 1855, a barn owned by Asa Todd was struck by lightning and burned, with several tons of hay.

Andrew B. Bickford lost a barn by fire in the year 1857 ; it was located on Main Street.

In the month of August, 1859, a barn owned by Capt. Charles Tarr, on South Street, was struck by lightning and consumed, with some ten tons of hay ; several persons were in the building at the time, but received no material injury.

October 12, 1865, about three o'clock in the morning, a barn owned by Alden Estes, on South Street, was struck by lightning and destroyed, to- gether with fifteen tons of hay and a lot of grain and farming tools. Insurance, five hundred dollars; loss, one thousand dollars.

D. Smith Gott's barn, some three or four rods away, caught by the flying embers and was totally destroy- ed, with several tons of hay, and a large lot of vege- tables and farming tools. Loss, one thousand dollars ; no insurance.

On Sabbath morning, May 2, 1875, the Methodist Church was totally destroyed by fire; it was a heavy loss to the society, as they had but three thousand dollars insurance ; one policy of fifteeen hundred dollars expired a few days before and had not been renewed.

December 8th of the same year a large barn owned by Jabez Row, on School Street, was burned, together with one horse, cow and several tons of hay ; partly insured.

In the year 1883 the dwelling-house of M. H. Young (summer residence), South Street, was totally destroyed by fire.

On Sunday morning, December 9, 1883, the Annisquam Mill took fire about seven o'clock, as they were about making some small repairs. The main build- ing was totally destroyed, throwing out of employ- ment about {two hundred and forty persons, which was a great loss to the community. Steam fire-engines were called from Gloucester and Salem, and were soon on the ground ; by their aid the fire was confined to the one building.

The foregoing are nearly all the fires. that have taken place in this town.

MANUFACTURES .- Isinglass from hake sounds was first manufactured in 1822 by Wm. Hall, of Boston, in this town ; his place of business was in a store-house far down on the westerly side of Bearskin Neck.

He paid from three to five cents per pound for the sounds in a raw state ; before he commenced to buy them they were wasted with other fish offal.

He cleaned and dried them and put them through wooden rollers operated by hand-power, for which he paid from forty to fifty cents per day to each man.

HI> obtained a patent and continuel the business a few years, when it went into the hands of Jabez Row, Wm. Norwood and others, which finally resulted in the orginization of the Rockport Isinglass Company ; this company had sole control of the business under their patent several years. They substituted iron rollers for wood and horse-power instead of hand finally they operated by steam. Notwithstanding their opportunities, this co npiny closed business some years since financially embarrassed. There is now in this town two manufacturers of isinglass from hake sounds,-the Cipe Ann that employs forty-five men about five months each year, and Haskins Brothers, who employ about forty men about the same length of time. They manufacture a good quality of goods and are quite successful.

Cotton-Mill .- In the year 1847 an act of incor- poration was obtained and a mill was erected for the manufacture of cotton duck; it went into operation the next year and was quite successful for a few years, and paid good dividends. Besides cotton duck, many tons of yarn was manufactured and sold to manufac- turers of fishing-lines in Essex. Mills for the manu- facture of cotton dnek were built in other towns, which caused an over-production, and business declined ; the machinery was changed to some extent and other kinds of goods were manufactured. About eighteen years after it was first built the building was enlarged to double its capacity, its length being increased by that figure; four tenement houses and a large boarding house was built. Some years later the whole property of the company was sold for about $140,000, which was about the amount of debt resting upon it ; thus the old stockholders were entirely wiped out ; the property had cost nearly $500,000. The name of the corpora- tion was changed to Annisquam Mill ; the machinery was renewed and improved to considerable extent under the agency of W. G. Whitman, and again went into operation ; after a few years' service Mr. Whitman resigned in order to take charge of the Amory Mill, then in process of building in Manchester, N. H. Wm. E. Winsor succeeded him; within a short time it became a regular dividend-paying institution. It was destroyed by fire on the morning of the 9th day of December, 1883. It was a substantial stone buikling with two towers and made quite an imposing appear- ance. It gave employment to two hundred and forty persons ; its destruction is a very great loss to the town.

Oil Cloth .- What is now (1887) the Cape Ann Oil Cloth Co. originated with Albert W. Lane and NathanielS. York, in a small barn on Broadway. They soon removed to a large building on Gott Street; their business increased, they needed more room, and they removed to a building one hundred feet by forty, two stories, which the company now owns on Pleas- ant Street, and give constant employment to about thirty persons. They now manufacture nnder a patent dated January 16, 1883, rubber oil goods, coats,

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HISTORY OF ESSEX COUNTY, MASSACHUSETTS.

hats, horse-covers, buggy-aprons, etc., etc., in connec- tion with Standard Oil Clothing.

POST-OFFICE .- In the year 1825 a post-office was Established at Sandy Bay, and a semi-weekly mail. The next year the village was favored with a tri- weekly, and in 1828 with a daily mail and stage- coach.

Winthrop Pool was the first postmaster. He con- tinued in office until his death, in 1838; then Henry Clark was appointed; next was George Lane, then Francis Tarr, Jr., Addison Gott, William W. Marshall, William Wingood, then the present incumbent, Walter G. Peckham, appointed in 1886.

The mode of conveying the mail was tirst by a one- horse two-wheel chaise ; it could take two passengers beside the driver to Gloucester Harbor, then take the stage-coach for Boston; the journey consumed the most of the day. At the time of the establishment of the post-office here there probably were not more than half a dozen papers, weekly or semi-weekly, taken in the village. Captain John Gott, Dr. John Manning, Nehemiah Knowlton, James Goss were of the number that received the news from abroad. Now, instead of the two-wheeled chaise and stage-coach, consuming a good part of the day to reach Boston, we have nine trains of well-appointed cars out and in each day, and the time so arranged that we may take breakfast at home, spend a large part of the day in Boston, and be home in season for tea ; and instead of a mail twice a week, three mails each day, and the cost of travel by rail at less than one-half what it was by chaise and coach. And as to news, now we have the morning and evening papers daily by the score, weeklies and semi-weeklies almost without number, magazines in good supply.

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History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II, Part 98

Author: Hurd, D. Hamilton (Duane Hamilton) ed Publication date: 1888 Publisher: Philadelphia, J. W. Lewis & Co. Number of Pages: 1672

Author: Hurd, D. Hamilton (Duane Hamilton) ed
Publication date: 1888
Publisher: Philadelphia, J. W. Lewis & Co.
Number of Pages: 1672