USA > Massachusetts > Bristol County > New Bedford > History of New Bedford and its vicinity, 1620-1892 > Part 61
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Thomas Taber received the second appointment as justice of the peace of old Dartmouth on June 29, 1702. He was also made a cap- tain of militia May 20, 1689, and was a selectman in 1685, 1690, 1693 and 1694. He was also the first person in the town to receive the commission of a coroner, which was conferred upon him June 12, 1701.
The third person in the town of Dartmouth to receive the appoint- ment of justice of the peace was Samuel Willis, who was appointed by Lieut .- Gov. William Dummer, June 7, 1726. The appointment was renewed October 10, 1729 by the same lieutenant-governor, who was acting in the place of Gov. William Burnet, who died September 7, 1729. Gov. Jonathan Belcher renewed the appointment March 1, 1744, also on April 15, 1748 by Gov. William Shirley ; and on November 24, 1761, by Gov. Sir Francis Bernard. Samuel Willis, esq., of Dart- mouth was appointed a justice of the County Court of Common Pleas
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April 18, 1749, and his associates on the bench of the court were Seth Williams, of Taunton ; George Leonard, of Norton ; and Ephraim Leonard, of what was then Norton, but afterward became Mansfield. He was elected a selectman of the town of Dartmouth March 14, 1740, and was commissioned a colonel of the second regiment in the local militia of Bristol County in 1741. His remains were buried in the an- cient cemetery at Acushnet, and upon the monument is engraved, " In memory of Col. Samuel Willis, esq., who departed this life October 3, 1763, in the 76th year of his age."
All of the sessions of the early county courts were held at Taunton, and we find in the old Dartmouth records frequent petitions to the General Court at Boston, praying that certain terms of the court might be held at Dighton or some place farther south, giving as reasons that the distance to be traveled by the inhabitants of Dartmouth was so great as to cause much inconvenience and hardship. The several terms of court continued to be held at Taunton, until 1828, when a successful petition to the Legislature brought about the desired relief. A local court, however, was held in the old Market building or town hall, on Second street, the same that is now used as a police station and Third District Court. The bill establishing New Bedford as a half shire town passed the Senate February 29, 1828, and the House March 13, 1828. The first term of the Court of Common Pleas held in the town of New Bedford was on Monday, the 9th of June, 1828. It was held in the town hall on Second street, no court- house having yet been erected here. Judge Williams presided and the following cases on the criminal docket were disposed of:
Samuel P. Martin and six others, for a riot in Seekonk, verdict, not guilty. Simeon Tisdale, for larceny in Taunton, verdict, not guilty.
Until the erection of the court-house, all courts were held in the town hall. In June, 1828, the county commissioners purchased a lot of land belonging to the estate of Abraham Russell as a site for the public county buildings, court-house, jail, etc, embracing an area of about an acre and a half. It is the same ground on which the old part of the present jail and house of correction are located, and at the time was considered far enough " removed from the bustle and noise of the vil- lage, and yet sufficiently central for the general convenience of those
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having business at court." The jail building was the first to be erected and was completed and ready for occupancy Monday, October 5, 1829. Williams Reed was appointed the first keeper of the jail. The structure was built of stone, arranged internally upon the most improved model of the day, having in the criminal department thirty-two cells for soli- tary imprisonment, besides being furuished with suitable apartments for debtors and for the accommodation of the keepers. Attached to the jail was a spacious yard enclosed by a high wall, in which the pris- oners could be employed while in detention. The appropriation of funds to build the jail was $13,236.30 and included in the expenses of the County of Bristol for the year 1829.
By a special act of the Legislature passed January 25, 1834, a Police Court was established within and for the town of New Bedford. This court was to consist of one " learned, able and discreet person, to be appointed by the governor and council," and to take cognizance of and have jurisdicton over all crimes, offences, and misdemeanors committed in the town of New Bedford, and original jurisdiction of all civil suits and actions of which justices of the peace in said county may or shall have cognizance, with the provision that where the plaintiff and de- fendant were both resident in the town of New Bedford, and service of the writ was had on the defendant in the County of Bristol, no justice of the peace should have cognizance thereof in the same town. It was provided that the court should be held on two days of each week or as much oftener as might be necessary. By the same act it was specified that two special justices should be appointed to hold office during the same time, that when one justice was interested in or a party to any suit the court might be held by either. A provision was also made in the same act, whereby the towns of Dartmouth or Fairhaven could, by vote at meetings held for the purpose, elect to be united with New Bedford in one judicial district, for the purpose of the trial of all cases within the limits of the act. Nathaniel S. Spooner was the first justice of this Police Court.
The present court-house at the corner of Court and County streets, was completed in 1831 and with the exception of decorations and in - terior improvements, remains the same as when erected.
The courts held in New Bedford at present are the Third District of Bristol, held on Second street, with jurisdiction in New Bedford, Fair-
Alanson Bordów
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haven, Acushnet, Dartmouth, and Westport. Justice, Alanson Borden; special justices, Francis W. Tappen, Frank A. Milliken ; clerk, Thomas J. Cobb.
Superior Court, held at the court-house, corner of Court and County streets, first Monday of June and December.
Probate Court, William E. Fuller, judge, held at New Bedford on the first Fridays of February, May, August and November.
Insolvency Court for 1891, held at New Bedford on the 21st of March, 20th of June, and Ist of August.
The judges of the Police Court and Third District Court of Bristol since 1834 have been : Nathanial S. Spooner, 1834 to 1846; Oliver Prescott, 1846 to 1858 ; Robert C. Pitman, 1858 to 1864; Alanson Borden, 1864 to 1874 ; when the Police Court was abolished and the Third District Court established, of which he has since been justice.
The justices of the Court of Common Pleas, residents of New Bedford and the years in which they held office, have been: John Mason Williams, 1820 to 1845; Charles H. Warren, 1839 to 1844; H. G. O. Colby, 1845 to 1847.
The judges of the Superior Court, residents of New Bedford, and the years of their incumbency have been as follows: Lincoln Flagg Brigham 1859 to 1890; he was one of the original members, and was made chief justice in 1869; Robert C. Pitman 1868 to 1891.
One of New Bedford's earliest county judges was Edward Pope, esq., familiarly known as "Judge Pope," who was born February 25, 1740, and died June 10, 1818. He was the son of Thomas and Thankful Pope, both of whom are buried in the old cemetery at Acushnet. Judge Pope was a prominent figure in the affairs of New Bedford in the early part of the century and was highly respected as a man of much learning and natural ability. He was collector for this port when the custom-house was situated on Middle street and was a judge of the Court of Common Pleas. He lived in an old-fashioned mansion on what is the present corner of Union and North Sixth street. In front was a large yard, and in the rear a stable and carriage-house. The house was in later years removed to a location on Market street just east of E. C. Brownell's market. Judge Pope, aside from being active in politics, was a most agreeable companion socially, and his
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home was the scene of many happy gatherings of men eminent in literary, educational and political life. His first wife, Elizabeth Ballard, of Boston, was born in 1749 and died November 1, 1781, and was buried in the cemetery at Acushnet. His second wife was Mrs. Eliza- beth Eliot, a daughter of William and Mary (Brown) Greenleaf, born March 6, 1750, and died December 4, 1841. In 1803 Judge Pope erected a tomb in the old burying-ground on Second steeet, and under- neath it were buried the ashes of himself and many members of the Pope and Greenleaf families.
Timothy Gardner Coffin was born in Nantucket in 1790 of Quaker parentage, and in his early years developed to a marked degree traits of character and a desire for learning that afterwards ripened into the able lawyer and sound counselor. After acquiring an education at Brown University, he studied law in the office of Kilburn Whitman in Plymouth county, and was admitted to the bar in 1811. New Bedford was the scene of his first professional duties, and he soon gained a wide and enviable reputation in Bristol, Nantucket, Dukes, Barnstable and Plymouth Counties. He had the faculty of grasping every point in a case, on both his opponent's and client's side, and made use of them to the advantage of his cause. His arguments were full of force and he propounded questions and cross-questions with such rapidity and such variety that to evade his keen-witted perception was almost an impossi- bility. Mr. Coffin devoted himself almost exclusively to his profession, seeking no political preferment, and at the time of his death, though having never held an office of any prominence, was conceded to be the ablest lawyer in Southern Massachusetts. He married Betsey, a daughter of Hon. John Avery Parker, of this city. He died September 19, 1854, and his body was buried in the South Cemetery, where a fitting monument was erected to his memory by his children.
John S. Russell was a son of Charles and Martha (Tillinghast) Russell, of New Bedford, and was born in 1797. He studied law in the office of Lemuel Williams at New Bedford, but after being admitted to the bar, began practice in Taunton. He subsequently returned to his native place, however, and continued in his practice here until his death. In the memory of his professional companions and the older inhabitants of New Bedford, he was known as a well read lawyer, being
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particularly noted as an honest man, "acting out his religious convic- tions as well as his professional observations." He died in 1834, commanding the esteem and high regard of his associates and fellow townsmen.
Lemuel Williams was a lawyer of marked ability, who was in practice in New Bedford during the first quarter of the century, and in 1828 was associated with Charles H. Warren in a law partnership. The firm was dissolved in that year and Mr. Williams subsequently removed from New Bedford to Worcester where the greater part of his professional life was spent.
Charles H. Warren was known among the early lawyers of New Bedford and Bristol Counties as a brilliant attorney and able advocate. He was district attorney for several years prior to 1836 and afterward received the appointment of judge of the Court of Common Pleas. Upon retiring from the bench he was elected president of the Boston and Providence Railroad, which position he occupied until his death.
Ezra Bassett was born in the town of Rochester, this State, and studied law with his brother, Anselm Bassett, at Taunton, in which place he himself began the practice of law. He came to New Bedford in 1834, retaining a substantial share of the law practice here until his death in 1843. He had accumulated a large law library which is said to have been the largest in New Bedford at the time. He had the reputation of being an excellent lawyer and had considerable admiralty practice. He was an earnest advocate, presenting his client's case with much force and telling effect.
Hon. H. G. O. Colby was born in Hallowell, Me., April 19, 1808, He was the son of Rev. Philip Colby, who was born at Sanbornton, N. H., July 30, 1779. When he was but three years of age his father determined to fit himself for the ministry, and closing his business, went with his boy to Salem, Mass., there to pursue his theo- logical studies. Here he was ordained in 1817, and for a period of twenty four years performed the duties under his charge, and died in 1854. His discussions were full of interest and instruction and his scholastic attainments were of such a high character that Brown Uni- versity conferred upon him the honorary degree of Master of Arts in 1817. Under such a father as this, Harrison Gray Otis Colby received
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his early instruction, and later at Washington, where he went to live with his uncle, Dr. Sewall. He entered Brown University in 1823, where with diligent study he graduated with distinction at the early age of nineteen. With a decided inclination for the law, he came to New Bedford and began study in the office of Timothy C. Coffin, pass- ing also a few months under the guidance of Rufus Choate. He was admitted to the bar as an attorney in the Court of Common Pleas, held at Taunton in September, 1830. He then began practice in Taunton, where he remained eight years. During this time he married a daugh- ter of John Avery Parker, of New Bedford, who bore him several children. In 1838 he came to New Bedford and formed a law partner- ship with his former classmate, John H. Clifford, and his ability as a lawyer and character as a gentleman were such that he rapidly gained an extensive business and figured high in his profession. Of Judge Colby's professional ability, Arthur M. Alger, of Taunton, fittingly says : " His knowledge of legal rules and principles was comprehensive, and as a speaker he was easy, very ready in extemporaneous efforts, never at a loss for the right word, and in the heat of argument, ani- mated and forcible. He was especially thorough and painstaking in preparing his cases. In the trial of causes he was always courteous to his opponents, and never guilty of bullying or abusing witnesses. He was a man of great resources-witty, quick at repartee, and a per- sistent fighter."
As a judge of the Court of Common Pleas, to which he was ap- pointed in 1845, he was invariably fair minded and even tempered, giving general satisfaction to the profession ; but the duties of the bench were undoubtedly disagreeable to his tastes, for he resigned his office in 1847, and resumed regular practice. He was appointed district attorney for the Southern District in 1849, which office he held until 1851. He represented Taunton in the Legislature in 1838, and New Bedford in 1841 and 1843, serving as chairman of various important committees, including that on the judiciary. The military had an especial charni for him, and from 1840 to 1845 he commanded the New Bedford Guards. Judge Colby was a ready writer, and gained considerable literary reputation during his time. He was an untiring worker, never allowing an opportunity to pass whereby he could improve himself in
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the acquisition of knowledge, and the best Latin and Greek scholars were his favorite companions. His death occurred in New Bedford, on February 21, 1853, his fatal malady being consumption. At the open- ing of the Court of Common Pleas the following March, the members of the Bristol bar adopted suitable resolutions, greatly lamenting the loss of such an esteemed and honored friend and companion, and fitting remarks were made in laying the resolutions before the bar by Hon. Thomas D. Eliot.
In seconding the motion of Mr. Eliot, Nathaniel Morton, esq., spoke a few feeling words to the court, and concluded as follows :
" When I heard, may it please Your Honor, of the childlike sinking to the 'last long sleep' of our friend and brother, there was forcibly brought to mind and heart the tonching lines of the eastern poet, con- trasting in vivid colors the birth and exit of man from this world :
" ' On parent knees a naked, new- born child, Weeping thon sat'st while all around thee smiled ; So live that, sinking to the last long sleep, Thou then may'st smile, while all around thee weep.'
"Such, may it please Your Honor, was the death of our friend and brother. May we all lead a life as useful and find a death as peaceful."
Thomas Dawes Eliot was a son of William Greenleaf Eliot, and was born in Boston, March 20, 1808. He graduated from Columbia Col- lege, in the District of Columbia, in 1825, and soon after commenced the study of law with his uncle, Chief Justice Cranch, of the Circuit Court of the district. His professional studies were completed in New Bedford under the guidance of Judge Charles A. Warren, with whom he became a partner upon being admitted to the bar. Later, when Mr. Warren went upon the bench, Mr. Eliot's business assumed wide pro- portions. He became celebrated in the great litigation between the denomination of Friends, where the title to the Quaker meeting-houses in Massachusetts and Rhode Island was at risk, and in which the usages and faiths of the respective sects passed under legal scrutiny. He also figured in the contests in this county, where he upheld and maintained the chartered powers of the Massachusetts Medical Society on issues raised by physicians of the homoeopathic school During his career the whaling fleet of New Bedford numbered about 400 vessels, and in the
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insurance causes which grew out of the loss of vessels of this mighty fleet, is found Mr. Eliot's name in almost every report. Upon two oc- casions he declined an appointment to the bench, preferring rather to direct his entire attention to the pursuit of his profession. Compared with active practice, the attractions of political office had no charm for him, and after serving in the Massachusetts House of Representatives and State Senate, as was customary among young and brilliant lawyers, he persistently declined to enter into State or national politics. He was induced, however, to become the candidate of the Whig party in 1854 for an unfinished term in Congress. He was elected and took his seat in the Thirty-third Congress, at a time when that body was in a sea of excitement occasioned by the introduction of the Kansas - Ne- braska bill. Upon this measure he made a speech which was printed and circulated by the Whig party as a proof of its concurrence in the anti-slavery sentiment in the State. Upon the downfall of the party in 1855 Mr. Eliot became greatly interested with the organization of a new party, and organized the first meeting of the Republican party in this county. A characteristic of the man was his declination of the nomination for attorney -general of the Commonwealth, which was unan- imously tendered him by his party. That he was a leader is clearly proven by the fact that after having been absent from two congressional terms at Washington, he was again nominated and elected to Congress from the First District and continued a member of that body until 1869, when he refused further service. His views on the anti-slavery move- ment, which was the all-absorbing topic of the national House at that time, are too well known to need rehearsal here. In his speeches and debates on this measure he was ever the staunch supporter of liberty and the equal rights of all men.
Although declining health led to his refusal of another nomination in 1869, he still entertained a hope that he might resume practice at the bar, but continued and increasing illness prevented, and his earthly ca- reer was ended by death on June 14, 1870 To illustrate the elevated character of the man and the high esteem in which he was held by his own community, the following extract from the New Bedford Mercury, written at the time of his death, is quoted :
" Mr. Eliot was pure minded, kind hearted, of sterling integrity, and of a most catholic spirit. In our unreserved intercourse with him we
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can recall no instance in which he indulged in any unkind, uncharitable or disparaging remarks about even those who had maligned him. He spoke no ill of his neighbor, but evinced a spirit of charity as beautiful as it is rare.
" He was a deeply religious man, always ready with good words, and as ready with good works. Of his labors in the Sunday school of the Unitarian Church, where for years he was superintendent, many of our readers have grateful recollections. His heart was in the work, and he deeply regretted the necessity of its relinquishment. Thousands will call to mind his invaluable services as president of the National Confer- ence of Unitarian Churches, and also of the American Unitarian Associ- ation, his admirable tact in the chair, his hearty zeal and enthusiasm, and his earnest and successful exertions for fraternal union. He was a generous man, prompt to give to every good object, and foremost in hi contributions of money or of labor to sustain all benevolent enterprises. Better than any triumph at the bar, or the highest honors won in polit- ical life, is the simple record of his unselfish Christian life. He rests from his labors and his works do follow him."
Adam Mackie was born in Fyvie, County of Aberdeen, Scotland, in 1818. His education was received at a Latin school in Edinburgh, from which place he came to New Bedford while yet a young man, and for a time led the life of a seaman on board of a whaling vessel. Having an active mind and a desire for the law, he began his studies in the office of Ezra Bassett, and was subsequently admitted to the bar. The law firm of Mackie & Cushman was shortly after organized and the law of the sea made a specialty, generally advocating the cases of the com -
mon sailor as against the owners and masters. Mr. Mackie possessed much skill as a lawyer and gained the confidence of a wide circle of clients who had implicit faith in his ability. His homestead in this city was taken in 1865 for the extension of the Oak Grove Cemetery. His house stood under the trees where annually meet the members of the G. A. R. for their solemn services. He died of paralysis at his residence in Spring street, September II, 1884.
John Ham Williams Page was another member of the Bristol bar who commanded the respect and esteem of his associates in New Bed- ford and elsewhere. He was born at Gilmanton, N. H., and graduated
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from Harvard College in 1826. After having charge of the Friends' Academy in this city until 1829, he resumed his law studies at the Dane Law School, Cambridge. Upon being admitted to the bar in June, 1832, he began practice in New Bedford, where his excellent knowl- edge of legal science soon gained him a wide and remunerative patron- age. His leading characteristic as attorney was his wise and successful application of the law to the active affairs of business. He subsequently removed to Boston to assume the duties of treasurer of a large machine manufacturing company. He was at one time member of the House of Representatives, but retired from the practice of his profession, to which he was so will fitted to fill and adorn, to devote himself entirely to the uncertain field of business.
Joshua Clapp Stone, a son of Henry B. and Elizabeth (Clapp) Stone, was born in Boston, August 28, 1825, and lived in Boston until his thirteenth year, and was there a pupil of T. B. Haywood. He was prepared for Harvard College in the academy at Leicester, Mass , and graduated from the Dane Law School, entering the law office of Col. J. H. W. Page, of New Bedford, in 1846. There he remained until 1853 when he became associated with Judge Brigham, which partnership lasted until the latter was appointed to the bench, when Mr. Stone returned to Boston. He came again to New Bedford in 1862 and entered into a partnership with Hon. W. W. Crapo, which continued until his death, January 2, 1869 He was at one time justice of the Court of Insolvency for the County of Bristol, and in 1866 and 1867 represented the Eleventh District in the Massachusetts Legis- lature. Among his associates at the bar he held a position of high character, was known as an earnest, zealous and convincing advocate, and in his social relations with his family and neighbors, had the en- viable regard and esteem of all.
John Mason Williams was born in Taunton, June 24, 1780. He graduated at Brown University in the class of 1801, studied law in the office of Hon. Seth Padelford, of Taunton, and commenced the practice of his profession in this city in 1804. In 1816 he returned to Taunton, which at that time was the only shire town in the county and held a leading position at the bar. He was appointed associate justice of the Circuit Court of Common Pleas for the Southern Circuit and upon the
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