USA > Massachusetts > Franklin County > Greenfield > History of Greenfield : shire town of Franklin county, Massachusetts, Vol. II > Part 12
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never took his seat, in consequence of his death in 1839. " As a lawyer and an advocate, at the time of his death, though but thirty-one years of age, he had few equals, and no superior at this or any other bar." (Griswold.)
BENJAMIN R. CURTIS
Benjamin R. Curtis, the great lawyer and judge of the Su- preme Court of the United States, was a member of the Franklin County bar. He studied eighteen months with Wells & Alvord, and practised for a year at Northfield.
CHARLES DEVENS, JR.
Charles Devens, Jr., was born in Charlestown in 1820, and came to Greenfield with Wendell T. Davis, his classmate, in 1841. He was graduated at Harvard in 1838 and took a course at the Harvard law school. Davis and Devens be- came partners, Mr. Devens having an office at Northfield and Mr. Davis at Greenfield. When Daniel Wells became judge, the old firm of Daniel Wells and George T. Davis was dis- solved, and that of Davis, Devens and Davis was formed, and in 1845 Mr. Devens came to Greenfield. Mr. Devens had become prominent in politics, having been elected senator in 1848 and 1849, and during the latter year he was appointed United States marshal by President Taylor. His subsequent career as justice of the Supreme Court, his services during the War of the Rebellion, entering the army as a major and leav- ing it a major-general, his re-appointment to the Supreme Court after his services as attorney-general of the United States in the cabinet of President Hayes, and his death at Worcester, January 7, 1891, are all matters of general history, and his statue within the State House grounds at Boston, all testify to the high esteem in which he was held by the people of his native State.
WHITING GRISWOLD
Whiting Griswold, son of Major Joseph Griswold of Buck-
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land, was born November 12, 1814, being the tenth in num- ber of a family of fourteen children. He graduated at Am- herst in 1838, carrying off high honors. He taught in Green- field and other places to procure the means of education, being very successful as a teacher. He studied law with Wells, Alvord and Davis, and was for a time in the office of Grennell & Aiken. Being admitted to the bar, he opened an office in this town, and practised here until his decease, October 28, 1874. Mr. Griswold was an ardent politician, was very am- bitious and took intense interest in all public questions, which detracted from the success which he might easily have won had he given his whole effort to his profession. He was a member of the legislatures of 1848-49 and 1850 and senator in 1851-52 and 1853, elected by Democratic votes. He was also elected a member of the Senate of 1862 by a coalition vote, and again in 1869 by the Republicans. He was nominated for important offices by the Democratic party, and in 1856 was a delegate to the convention which nominated James Buchanan for the presidency. He supported Stephen A. Douglass for the presidency, and followed him in declaring for the support of Lincoln. With Edward Everett he was elector at large in 1864, and supported Abraham Lincoln.
RICHARD ENGLISH NEWCOMB
Richard English Newcomb was the son of Hezekiah New- comb, Esq., of Bernardston. He was born at Lebanon, Conn., October 30, 1770. Soon after his birth his father settled in Bernardston. Young Newcomb graduated at Dartmouth in 1793, and studied law with William Coleman, the first lawyer of Greenfield. In 1805 Mr. Newcomb was a representative at the General Court, and when Judge Leavitt resigned in 1821, Mr. Newcomb succeeded him as judge of probate, which office he filled until his decease, which occurred May 14, 1849. He was a ready debater and eloquent speaker, and was frequently called upon to deliver addresses on public oc-
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casions throughout the county. Several such addresses were published and copies may be seen at the library of the Pocum- tuck Valley Memorial Association.
HORATIO G. NEWCOMB
Horatio G. Newcomb, a brother of Judge Newcomb, studied law with John Barrett of Northfield, and his brother Judge Newcomb, and was admitted to the bar in 1813. Williams College conferred upon him the honorary degree of A. M. He was for a short time judge of the Court of Insolvency until that office was added to the office of the judge of pro- bate. He was often engaged in the settlement of estates and was a just and good man. He died September 19, 1857, aged seventy-one years.
ELIJAH ALVORD
Elijah Alvord, born November 18, 1777, studied law with Judge Newcomb and was admitted to the bar in 1802. He re- ceived the honorary degree of A. M. from both Dartmouth and Williams Colleges. He was influential in getting Hampshire county divided, and in locating the county seat at Greenfield. He was a member of the legislature in 1812, and upon the organization of Franklin county was appointed register of probate, and in 1820 was also made clerk of the judicial courts. These offices he held until the date of his death, September 8, 1840. The Gazette & Mercury, commenting on his death, says : " Few men have passed through the active part of life, constantly employed in public and private trusts, with a reputation so pure and with ability so well and usefully directed. He lived without a known enemy and died lamented by all who knew him."
GEORGE GRENNELL
George Grennell, son of George Grennell, an old time merchant who came here from Saybrook, Conn., graduated at
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Dartmouth in 1808 with high honor. He studied law with Judge Newcomb, and was afterward his partner, and at other times was connected with Almon Brainard, David Aiken, and James S. Grinnell. He was county attorney for eight years from 1820, a member of Congress from 1828 to 1838, regis- ter of probate from 1841 to 1849, judge of probate from 1849 to 1853, when he resigned ; and clerk of courts from 1852 to 1861. He was presidential elector in 1840. His life " was filled with duty and crowned with honor." He died November 19, 1877.
FRANKLIN RIPLEY
Franklin Ripley, son of Jerome Ripley who was for almost fifty years a merchant in Greenfield, was born May 7, 1789. He graduated at Dartmouth in 1809, and studied law at Cooperstown, N. Y., and with John Barrett at Northfield. He was admitted to the bar in 1812, and practised for a time in Northfield. He was brigade major on the staff of General Isaac Maltby of Hatfield of the state militia, and in 1814 the regiment was called out for coast defense for a short period. He was elected cashier of the Greenfield Bank in 1824, and was cashier, president or director until his decease. He be- came treasurer of the Franklin Savings Institution at the time of its organization in 1834 and continued in that capacity un- til his death June 9, 1860.
He was judge of the Probate Court from January 25, 1854, to May 13, 1858. In 1856 he was chosen presidential elector and was a trustee of the Northampton Insane Hospital at the time of his death. Mr. Ripley was a positive man in all of his convictions, strong in his friendships, liberal in his contri- butions when he had decided the cause was good, and had the fullest confidence of the community in his honesty, sound judgment and ability.
DANIEL WELLS
Daniel Wells, son of Colonel Daniel Wells, was born Janu-
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ary 18, 1791, in the house now owned by Dr. W. S. Severance, which then stood where Wells street now is. He graduated at Dartmouth in 1810, studied law with his brother-in-law, Elijah Alvord, and was at the head of the Franklin Bar for thirty years. His practice extended all through western Massachusetts. He was district attorney for the four western counties from 1837 to 1844, when he was appointed chief justice of the Court of Common Pleas, which position he filled until his decease, June 23, 1854. After his appointment to the bench he removed to Cambridge, but he always had a strong interest in his native town. Among the distinguished lawyers who were connected with Judge Wells, either as students or partners, were Benjamin R. Curtis, James C. Alvord, George T. Curtis, Henry L. Dawes, George T. Davis, Charles Devens, David Aiken, Daniel W. Alvord, Ansel Phelps, Jr., and Henry Vose.
Addressing the Suffolk court upon resolutions concerning his death, Hon. George S. Hillard said : "When at the bar, Judge Wells was distinguished by industry, attention to the interests of his clients, unwearied patience in the investigation of legal questions, and a fairness and candor of mind which gave him the ear of the court and jury. His elevation to the bench met the hearty approval of all who had observed his professional course. As a magistrate, he was faithful, cautious, patient and courteous, with sufficient learning and conspicuous industry ; more anxious that justice should be done than that business should be hastily dispatched ; listening long and pon- dering carefully ; making no distinction of persons ; encourag- ing the young by a paternal kindness of manner; ever thoughtful of the rights of all, and invariably loyal to duty."
Probably the most important case ever tried by Judge Wells was when engaged with Mr. Huntington, district attorney of Middlesex for the commonwealth, against William Wyman, president of the Phoenix Bank of Charlestown, who was indicted for embezzlement. Mr. Wyman was defended by Daniel
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Webster and Franklin Dexter, but the commonwealth won a conviction.
CHESTER C. CONANT
Chester C. Conant was a descendant in the eighth genera- tion of Roger Conant, the Pilgrim. He was born in Lyme; N. H., September 4, 1831. He graduated with honor from Dartmouth in 1857. He earned the money for his education by the labor of his hands and by teaching during his college vacations.
After his graduation he took a course at the Albany law school and was admitted to the New York bar in 1859 and to the Franklin bar the same year. His first law partner was David Aiken, with whom he continued some years, and then formed an alliance with Edward E. Lyman which was severed when Mr. Lyman became clerk of the courts. In 1878 he took into partnership his nephew, Samuel D. Conant, who had studied law with him.
He was elected register of probate in 1863 and was pro- moted to be judge of that court in 1870. Judge Conant was an active and influential citizen, taking great interest in all matters affecting the public ; was for years a working member of the school board, a generous contributor to all public en- terprises and charitable objects, and active in matters relating to church work, especially so in connection with the Episcopal Church, of which he was a communicant, and the superintend- ent of its Sunday school for many years. He was a delegate to the Republican National Convention in Chicago in 1888 ; was the active agent in the organization of the Greenfield Sav- ings Bank, and a member of its board of directors until his decease ; was secretary and trustee of the Greenfield Library Association for many years. His health having failed, he re- signed his office as judge in 1899, and died November 6, 1899. The Franklin County bar passed resolutions of respect which were ordered to be placed upon the records of the Superior Court.
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FRANKLIN G. FESSENDEN
Franklin G. Fessenden came to the Franklin County bar from Fitchburg in 1874. His family were originally from Lexington, but he was born in Fitchburg in 1849. He grad- uated at the Harvard law school in 1873 and was for a time instructor in French at the university. He served as clerk of the police court in Fitchburg, and it was owing to the close friendship of Alvah Crocker and Wendell T. Davis that through Mr. Crocker's influence with Mr. Fessenden he was induced to come to Greenfield and become Mr. Davis's partner. Upon Mr. Davis's appointment as register in bankruptcy, Mr. Fessenden continued business without a partner, and soon had a large practice. During the season of 1882 Mr. Fessen- den lectured at the Harvard law school on criminal law. Governor William E. Russell appointed him judge of the Superior Court in 1891.
JOHN A. AIKEN
John A. Aiken was born in Greenfield, fitted for college at the high school, entered Amherst, but graduated at Dart- mouth, studied law at the Boston University, and was ad- mitted to the bar in 1870. He inherited largely his intellect- ual keenness from his father, Judge David Aiken, and from his mother that suavity of manner which marks him as a man. He immediately entered into a large practice with his father, and after a few years was the acknowledged leader of the Franklin County bar.
Unsolicited and without previous knowledge by him, he was appointed by Governor Walcott judge of the Superior Court, September 7, 1898, and still continues in office.
CHARLES MATTOON
Charles Mattoon studied law with William G. Woodard at Northfield, and became a member of the bar in 1839. He practised for some time at Muscatine, Iowa, returned to North-
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field, and came to Greenfield in 1853. He was an active politician, a man of good abilities, and was register of probate from 1853 to 1858, when he succeeded Franklin Ripley as judge of the Probate Court, which position he held until his death, August 12, 1870. He served as selectman for two years, was manager of the Franklin Mutual Insurance Com- pany for many years, and was an active and influential mem- ber of the Unitarian Society.
GEORGE T. DAVIS
George T. Davis was born in Sandwich in 1810, son of Wendell Davis, Esq., a leading citizen of that place. He graduated in 1829 from Harvard in a class of which Chief Jus- tice George T. Bigelow, Dr. Oliver Wendell Holmes and Reverend James Freeman Clarke were members. He came to Greenfield and entered the office of Wells & Alvord, find- ing as fellow students, Benjamin R. Curtis and David Aiken. He graduated at the Cambridge law school and practised for a time at Taunton, but returned to Greenfield in 1833. He soon after established the Franklin Mercury, which was con- ducted with great skill, but his professional duties taking all his attention, he sold the paper to the Gazette in 1837. He was in the Massachusetts Senate and also a member of the House. He represented the old Connecticut river district in the National Congress, where he made a marked impression. " He was a keen, discriminating, able lawyer; a most charm- ing conversationlist and speaker ; the brightest of men, brist- ling with wit, fun and raillery ; most skilful in the examination of witnesses, and extracting amusement from the dryest cases. He did more than all the others at law and nisi prius terms to incorporate into the cold and rigid logic and routine of courts and trials something of the cheerful, jolly, softer, and better side of human nature ; and if he did not win verdicts from the hands, he drove dyspepsia from the bodies of the judges, jurors and lawyers, by the frequent convulsions of laughter which
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followed his inimitable wit and repartee." (Griswold.) The first Mrs. Davis died in 1862, and in 1865 Mr. Davis removed to Portland, Maine, where he married a Mrs. Little. He died in Portland, June 17, 1877, aged 67.
WENDELL THORNTON DAVIS
Wendell Thornton Davis, brother of George T., graduated at Harvard in 1838, studied at the Cambridge law school and was admitted to the bar in 1841. For seven years he was the junior of the celebrated law firm of Davis, Devens & Davis. He was not enamoured with the law, and became largely in- terested in real estate operations, to the care of which he gave the most of his time. He became in 1844 the clerk and treasurer of the upper locks and canal at Montague, which became the Turners Falls Company, and to him, more than any other, belongs the credit of the building up of that busy place. Mr. Davis held many public offices, the duties of which he fulfilled faithfully and well, and to the satisfaction of the public. He was twice a member of the legislature, many years selectman, a trial justice for a long time, and register in bankruptcy under the United States government for several years. He was passionately fond of music and for a long time director of the choir in the Unitarian church. During his active practice in the courts, he had as partner, at one time, Austin DeWolf, and afterward Franklin G. Fessenden. Mr. Davis died, greatly lamented, December 3, 1876.
JAMES S. GRINNELL
James S. Grinnell was born in the ancient part of the Elm House, on Main street, July 24, 1821. He was the oldest of the seven children of the late Honorable George Grennell of this town. He graduated at Amherst in 1842, studied law with Grennell and Aiken, and at Cambridge law school, and was admitted to practice in 1846. He commenced practice in Orange and afterward became the partner of his father at
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Greenfield. The practice of law was not to his taste, and he gave much of his time to the study of agriculture. In 1862 he was appointed chief clerk in the department of agriculture at Washington, where he remained three years and resigned to take the office of chief clerk in the patent office. In 1876 he returned to Greenfield and served upon the board of judges for agricultural implements at the Centennial Exhibition at Philadelphia. He was trustee and vice president of the Massachusetts Agricultural College, and for many years, by appointment of the governor, a member of the state board of agriculture, and vice president of the board. He was generally the presiding officer at its meetings, the governor not often being present to perform the duty. He was always a Demo- crat, but his popularity among the farmers of the county en- abled him to be elected to the Senate in 1882, where he gave his attention to matters relating to farming interests. He was a strong advocate for the raising and keeping of sheep, and sought to legislate against the keeping of dogs, so that his favorite industry might better thrive. He was the Democratic candidate for lieutenant governor on the ticket with General Butler for two years, and also was nominated for Congress. Mr. Cleveland also honored him with the appointment of visitor to the naval school at Annapolis. In his elegant house at the head of Main street, he has collected one of the most complete and well selected private libraries to be found in the Commonwealth. Mr. Grinnell was twice married, his first wife, a Miss Stannard, of Fredericksburg, Va., died in 1857. In 1879 he married Kate (Russell) Denison, daughter of the late John Russell, who survives him, and with his sister, Mrs. Ella (Grennell) Ripley, reside at the old homestead.
CHARLES ALLEN
Charles Allen, son of Sylvester and Harriet (Ripley) Allen, was born in Greenfield, April 17, 1827. He is a grandson of the sterling old-time Greenfield merchant, Jerome Ripley,
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and inherited good blood. He attended school at Greenfield and at Deerfield Academy, and graduated at Harvard in 1847. After reading law in the office of George T. Davis he attended Cambridge law school and was admitted to the bar in 1850. Mr. Davis took him as a partner and the firm of Davis & Allen was formed, and January 1, 1852, David Aiken joined the firm, and it became Aiken, Davis & Allen. Mr. Aiken retired in 1855, and in 1860 James C. Davis, son of the senior partner, was admitted, and the firm became Davis, Allen & Davis.
The next year Mr. Allen was appointed by the Supreme Judicial Court the reporter of its decisions. This caused the removal of himself and James C. Davis to Boston where they renewed their practice. In 1867 Mr. Allen was chosen at- torney general of the Commonwealth and was annually re- elected until 1872. In 1880 he was appointed chairman of the board of commissioners to revise the laws of the Common- wealth. January 23, 1882, he was appointed justice of the Supreme Judicial Court of the Commonwealth, which position he resigned August 13, 1898.
During his residence in Greenfield, Mr. Allen was an ac- tive participant in every effort made for the advancement of the interests of Greenfield, and has by his frequent gifts to its institutions shown that he still keeps up his attachment to his old home. He organized the celebrated course of lectures which continued for four years and gave the people of this vicinity the opportunity to hear all the popular platform speakers of that period, the remembrance of which is so much cherished among the elderly people of the county at the present day. He was largely instrumental in the organization of both the Greenfield Library Association, and the Green River Cemetery Company. He was ever the benificent and earnest supporter of the Unitarian society of Greenfield, pre- senting it with its parsonage and January 1, 1898, he gave the Franklin County Hospital $10,000. Greenfield is proud of her distinguished son.
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ALMON BRAINARD
Almon Brainard was a native of Randolph, Vermont. He graduated at Hamilton College, N. Y., and studying law with George Grennell, was admitted to the Franklin County bar in 1829. He met with that success which worth and work al- ways award, and at one time had accumulated a large estate. But his kindness of heart and obliging ways led him to finan- cial ruin, and he died a poor man. He was elected county treasurer in 1842 and also register of deeds. After fourteen years' service he was persuaded to resign those offices and ac- cept an election to the state senate, with prospective advance to a seat in Congress, which honor he never realized. He was a trial justice for sixteen years. He married Margaret E., sister of Rev. L. L. Langsworth, in 1848, and at his death, which occurred January 21, 1878, two sons survived him.
HORATIO G. PARKER
Horatio G. Parker was born at Keene, N. H., April 26, I 824. He graduated at Dartmouth in 1844, studied law with his father in Keene, with William C. Noyes of New York and Henry M. Parker of Boston. He was admitted to the bar in New York in 1847 and to the Franklin County bar the next year. He settled in Greenfield, where he met with deserved success, until called to a larger field in association with his relative, Henry M. Parker of Boston. While here he repre- sented the town in the legislature, served as selectman, and was judge of probate and insolvency from March 12, 1853, to December of the same year. He married first Harriet, daugh- ter of Curtis Newton, and after her decease, Lucy, a daughter of the late Harvey C. Newton. He died in Cambridge, April 30, 1899.
GEORGE DUNCAN WELLS
George Duncan Wells, son of Judge Daniel Wells, was born in Greenfield, August 21, 1826. When a youth he was a member of the community under the care of George Ripley
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at Brook Farm, his principal tutor being Charles A. Dana. Here he imbibed much of his love for poetry and art and his interest in the social problems of the day. He graduated at Williams College in 1846, and took up the study of law with his cousin, Daniel W. Alvord. He took the law course at Harvard and after his admission to the bar in 1849 he prac- tised for a year or more in Boston in company with John G. King. In 1851 he returned to Greenfield and became the partner of Mr. Alvord. He was an eloquent speaker and soon obtained the reputation of being a good lawyer. He represented the town in the legislature in 1858 and 1859, and the latter year was the chairman of the judiciary committee. He was a good debater, strongly sympathizing with the free soil movement. In his tilt with Caleb Cushing, " the demo- cratic giant," he won lasting honors. In 1859 he was ap- pointed judge of the police court in Boston. He considered this a chance to put into practice some of the principles which were instilled into his mind when at Brook Farm, and gave his soul to the work in hand. But in the spring of 1861 he heard the call of his country, which was to him a call for open conflict with the forces he had been fighting against for years. May 22 he was commissioned lieutenant colonel of the Ist Massachusetts regiment. He distinguished himself at the first battle of Bull Run, and at the siege of Yorktown upon the personal request of General Hooker to General Grover commanding his brigade, Colonel Wells led the assault on the redoubt in front of Yorktown, and was the first man to enter the fortification. He saw hard service in the Peninsular cam- paign. For a time he was provost marshal of Williamsburg. At one time he was in command of a demoralized Pennsyl- vania regiment, which he succeeded in bringing into good efficiency. In 1862 he was appointed colonel of the 34th Massachusetts regiment, and spent a short time at home in drilling and organizing his men. His command was taken to Washington in August, 1862, and for a time garrisoned Fort
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Lyon, chief among the defences of that city. In July, 1863, he was in command of Harper's Ferry at the head of a bri- gade under General Nagle. In October he drove back an in- vading force under the rebel General Imboden, pursuing them ten miles and making a remarkable march. In December he was in co-operation with Averill in his celebrated raid to cut the Virginia and Tennessee railroad. When near Harrison- burg his little army of 1,400 men was attacked by Early with a much larger force, but Wells held the enemy in check and effected a masterly retreat, reaching Harper's Ferry with his army in good condition and bringing a hundred prisoners. He was afterwards in command at Martinsburg, and in April, 1864, his regiment was joined to Seigel's command. He was in the most of the Valley fights during the autumn of 1864. October 13, 1864, he was in command of a brigade at South Cedar Creek, and was hard pressed by the enemy. While engaged in directing its movements he was pierced with a bullet and slid off his horse. He was soon surrounded by his officers, and just then came the order to retreat. He would not be moved, saying, " It's of no use. I cannot live. Gen- tlemen, save my regiment." The officers were obliged to retire to save themselves from capture. Lieutenant Cobb refused to go and was captured with his dying commander. Soon General Jubal Early came up and inquired who the wounded man was. Upon being told that it was Colonel Wells, he said, "What! The officer who commanded the force against us last winter ? Send my ambulance for him." The next day our army recovered the lost ground, and Colonel Wells's body was found in the church in preparation by the people for a soldier's funeral. His body was brought to Greenfield and laid in the Green River cemetery which he had aided so much in making beautiful.
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