History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 13

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1884
Publisher: Philadelphia, J.W. Lewis & co.
Number of Pages: 1706

USA > Massachusetts > Plymouth County > History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men > Part 13

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HISTORY OF PLYMOUTH COUNTY.

of troops were in inotion, batteries were dashing to the front, and riderless horses werc rushing over the field in great disorder. To eseapc death from these eauses the young soldier, upon hands and knees, erawled into the edge of a friendly forest, and lay bleeding and unattended till near midnight, when dis- covered by a party of streteher- bearers, he was taken by them to the field-hospital at the Pitts House. The next day, at daybreak, preparations were made for in- stant retreat. Some five hundred wounded soldiers had been gathered at this place.

By ten o'eloek, however, it was apparent, by the presence of the enemy in large numbers, that the wounded were to be taken prisoners. After remain- ing at the Pitts House and at Savage Station some fifteen days, Mr. Osborne was earried by the enemy to Richmond, and fortunately released on parole of exchange, July 18, 1862. After his release he was taken to St. Luke's Hospital, New York City, and remained under treatment till January, 1863, and then was discharged as unfit for serviee.

Mr. Osborne, upon returning home, engaged again in teaching, and took charge of a public sehool at the village of Elmwood, East Bridgewater, and in April, 1863, he began to read law with Hon. B. W. Harris, at East Bridgewater. He was admitted to praetiec at the Plymouth County bar at the October term Supe- rior Court, 1864. He began the practice of law at ouee after his admission, and has continued to reside at East Bridgewater ever sinee.

Mr. Osborne represented the Eleventh Plymouth Representative District in the General Court in the year 1871, and was an active and useful member of the Committee of Probate and Chancery.

He was elected to represent the Eighth Plymouth Representative District for the year 1883, and was placed upon the Judiciary Committee. His former legislative experience, legal training, and mature ycars rendered his services valuable, and his active, ready participation in debate gave him a full share of influence upon the floor of the House.

Mr. Osborne has always been a member of the Grand Army of the Republic, and for many years was commander of the Post at East Bridgewater, and has been of the staff of Gen. Horaee Binney Sargent. He is always the zealous friend of the soldier. No memorial day has passed, we believe, sinee its institution on which he has not addressed the Grand Army at some place in public discourse. He has written and published, by request, the " His- tory of the Twenty-ninth Regiment," a most gracious and feeling tribute to his eomrades, a work of marked ability, and involving a great amount of labor.

As a lawyer and advocate, Mr. Osborne is able and cloquent, also industrious, zealous, and persevering in the interests of his clients. The large and increas- ing business of his office, and his practice in the eourts, show that his ability is recognized, and the value of his professional services is appreciated, and that he ranks among the most successful lawyers of the county.

The regard in which Mr. Osborne is held by his townsmen and comrades is the best testimony to his worth, and the priceless service he rendered the country in its days of peril commands our highest respect and estecm.

HON. JOHN F. ANDREW, son of Massachusetts' famous " war Governor," was born in Hingham, Nov. 26, 1850. His aneestors came to America from England about the middle of the seventeenth een- tury, and settled in Massaeliusetts. He is deseended in a direet line from Franeis Higginson, the first minister of Salem, and on the maternal side he traees his lineage to a sister of Maj. Gen. Benjamin Lineoln, famous in Revolutionary history as being the offieer to whom Cornwallis surrendered his sword at Yorktown. After preparing for college at one of the leading private schools of Boston, Mr. Andrew entered Har- vard College, and graduated from that institution in the class of 1872. After completing his literary course, he made an extended tour of the Continent, spending more than a year among the historie scenes of the Old World.

Upon his return to America he entered as student in the Harvard Law-School, and after graduating from there he prosecuted his legal studies still further in the office of Brooks, Ball & Story. He was ad- mitted to the bar of Suffolk County in 1875, and at onee entered upon the praetiee of his profession in the courts of Boston. Mr. Andrew represented the Ninth Boston Distriet in the Lower House of the Massachusetts Legislature for the three consecutive years of 1880, 1881, and 1882, and served as a lead- ing member of several important committees, among which may be mentioned the Judiciary Committee, one of the most important in the House. He served on this committee eaeli of the three years he was iu the House. In 1882 he was chairman of Committce on Expediting Business, and also member of the Committee on Revision of the Statutes. In 1884 lie was elected to the Massachusetts Senate, where he also served on the Committee on the Judiciary, and on the Committee on Election Laws, Committee on Bills in Third Reading, and was chairman of Comu- mittee on Street Railways. He was a delegate to the National Republican Convention at Chieago, 1884,

John Andrew,

Jouph S. Brak

THE COURTS AND BAR.

od during the Presidential campaign of that year as president of the Young Men's Republican and ndependent Organization of the City of Boston.

The district from which he was elected is the same om which Governor Andrew was elected to the same osition afterwards held by his son, and many of the istinguishing traits which render the former so con- picuous a figure in national history have descended a marked degree to the latter. Like his father, e is no blind adherent to party lines or measures, ut is independent in thought and action, giving his apport to the principles he believes best adapted to onserve the interests of the greatest number, and to hose men on whose ability and integrity he can best ely, under whatever party banner they may be en- olled.

He was made a member of the New England His- ric Genealogical Society in 1872.

JOSEPH SAMPSON BEAL, the subject of this sketch, orn in Kingston and still living, has always resided his native town. He is the eldest son of Thomas rince Beal 'and Betsey (Sampson) Beal, and was orn Aug. 7, 1814. He married Permelia, daughter f Joseph Holmes, Esq., of Kingston.

His father was the son of David and Lydia (Prince) eal, the latter the daughter of Capt. Thomas Prince nd Lydia ( Delano) Prince. His mother was daugh- er of Col. Joseph and Judith (Drew) Sampson. Col. Joseph Sampson was a direct descendant in the ourth generation from Henry Sampson, of the com- any of the " Mayflower" of 1620. Mr. Beal was tted for college at the Bridgewater Academy, under he instruction of Hon. John A. Shaw, and was raduated at Harvard University, of the class of 835. Among his classmates were Hon. E. Rock- ood Hoar, Hon. Amos A. Lawrence, Professor emuel Stephens, and George Bemis, Esq.

He read law in the office of his father, and was dmitted to practice at the Plymouth County bar in December, 1838, and was for many years associated the practice of law with his father at Kingston.

Mr. Beal was early actively interested in the pub- c schools of his native town, and was placed upon s school committee. He was sent by his townsmen o represent them in the General Court, and has erved for two consecutive terms the First Plymouth Senatorial District in the Senate of the common- ealth. He was also Register of Probate for Plym- uth County from the year 1853 to 1855.

has ever beeu a mau of the utmost fidelity in all matters of duty. He is a warm friend, and scru- pulously honest, exact, and methodical in all his dealings.

No labored encomium could say more for Mr. Beal than that he commands to-day the respect and confi- dence of all his townsmen, among whom he has lived from his earliest years.

BRADFORD KINGMAN was born in that portion of the city of Brockton known as Campello, Jan. 5, 1831, and is a lineal descendant of Henry Kingman, who came from Weymouth, England, in 1635, and became an early resident of Weymouth, Mass., and from whom nearly all of that name originated in this country. He is the eldest son of Josiah Wash- burn and Mary (Packard) Kingman. His carly days were spent in the duties pertaining to a large manufacturing establishment for the manufacture of cabinet furniture of all kinds, attending the district schools of his native village, supplemented by an at- tendance in the Adelphian Academy, then under the care of Messrs. Silas L. and L. F. C. Loomis, in the central village, and afterwards at the Williston Seminary, East Hampton, Mass. Studied law with Lyman Mason, Esq., of Boston, attending the law lectures at Harvard College by Professor Emery Washburn. Admitted to the Suffolk bar, Boston, April 21, 1863, and was appointed justice of the peace by Governor Andrew, Jan. 22, 1864 ; trial justice, for the trial of criminal cases, for Norfolk County several years ; also notary public for the same county, and is an attorney and counselor-at-law. Resident of Brookline, to which place he removed May 1, 1856. He is a commissioner of deeds for several New England and the Western States.

. For several years past Mr. Kingman has given much attention to the study of local history, contrib- uting to various magazines and newspapers. In 1866 he published an elaborate " History of North Bridge- water, Massachusetts," 696 pages, and is engaged in the preparation of a complete " History of Brookline, Massachusetts," soon to be issued.

In October, 1870, Mr. Kingman became the pioneer in the newspaper enterprise of Brookline by publishing the Brookline Transcript, of which he was editor and proprietor for more than two years.

Among his contributions may be mentioned " His- torical Sketches of the Churches of North Bridge- water, Massachusetts," published in the Congrega- tional Quarterly several years since ; "Memoir of Deacon Lewis Bradford," of Plympton, Mass. ; " His- tory of Andover" and "North Andover," in the

For many years Mr. Beal served the Old Colony Railroad corporation with fidelity as auditor of its ccounts, and has been intrusted with large amounts f property of others to administer in trust. He "History of Essex County ;" also the " History of

HISTORY OF PLYMOUTH COUNTY.

the City of Broekton," in this history of Plymouth County, 1884.

He has in press, to be issued soon, an entire list of " Inscriptions in Old Burial Hill," Plymouth, Mass., and a list of the many burials in the oldest grave- yards of Broekton, also the " Kingman Memorial."

Mr. Kingman was elected a resident member of the New England Historie Genealogieal Society, Feb. 6, 1861, and is now a life-member of the same ; mem- ber of the Pilgrim Society, Plymouth, Mass .; Essex Institute, Salem, Mass .; Weymouth Historieal So- eiety, Webster Historical Society, and correspond- ing member of the Wineonsin State Historieal So- eiety.

Mr. Kingman married Susan Bradford, daughter of Capt. Thomas and Susanna (Bradford) Ellis, of Plympton, Mass., Jan. 1, 1852, a direet descendant in the eighth generation from Governor William Bradford, who came to Plymouth, Mass., from Aus- terfield, England, in 1620, and became a leader of the Pilgrimns, and left a valuable record of the doings of the colonists in the earliest settlement of Plym- outh. They had one daughter, Carrie Parker King- man, born in Brookline, Mass., July 15, 1858, died Sept. 18, 1859.

DANIEL HOWARD was the son of Daniel and Vesta (Howard) Howard, born in North Bridgewater (now Broekton), Feb. 6, 1775 ; fitted for college with Rev. Jonathan Strong, of Randolph, and Rev. John Reed, of West Bridgewater; taught sehool one year at Weymouth Landing; graduated at Harvard Col- lege, Cambridge, in 1797 ; studied law with Judge Nahum Mitehell, of East Bridgewater, Mass .; com- meneed practice at Turner, Me .; from thenee he re- moved to Buckfield, Me., afterwards to New Gloucester, Me., then to Jay, Me., from which place he removed to East Vassalboro' about 1832 or 1833. He was a man of very respeetable talent, although not dis- tinguished ; of modest, unassuming demeanor, and having never taken an active part in political matters, has never occupied any publie offiees; he was not a politieal offiee-seeker, choosing private life to that of public contention and strife. He was a man of very temperate habits and striet integrity ; has had a family of seven children, most of whom are married and have families of respectability. He married, first, Susan Kingman, of East Bridgewater, Mass., 1802; second, Mary Hall, of New Castle, Me., 1809. He died at Vassalboro', Mc., April 30, 1864.

LUCIUS KINGMAN was the son of Eliphalet and Zilpha (Edson) Kingman, born Jan. 23, 1803 ; grad- uated at Brown University, Providenee, 1830; rep- resented tho town of North Bridgewater (now Brock-

ton) in the Legislature of Massachusetts several times ; and was engaged in the land-office of the United States at Quincy, Ill., and an attorney and counselor-at-law. He married Lueia Holmes, of Kingston, Mass., Nov. 17, 1835, and had six children. His son, Dr. Eugene Kingman, is an eminent physician in Providence, R. I.

CALEB HOWARD was the son of Thomas Jefferson and Lavina (Tilden) Howard, born in North Bridge- water (now Brockton), Aug. 2, 1834; studied law at Philadelphia and the Cambridge Law-School ; removed to the Sandwich Islands.

MELVILLE HAYWARD was the son of Ambrose and Hannah (Howland) Hayward, born in North Bridgewater (now Broekton), April 21, 1836; was a student at the Adelphian Academy, graduating in January, 1850; removed to Williamsburg, Long Island, in May, 1851, studied law with P. J. Fish, Esq., admitted to the bar in New York in 1857. In the eall for troops in April, 1861, he enlisted with the famous New York Seventh Regiment for service, and again in May, 1862.

ELLIS WESLEY MORTON was born in North Bridgewater (now Brockton), Oet. 8, 1848; was son of Ellis J. and Abby S. (Anthony) Morton. He re- ceived his early education at the Adelphian Academy and North Bridgewater Academy, under the eare of S. D. Hunt, Esq. ; graduated at the Classical High School, Providence, R. I .; studied law at Cambridge Law-School ; graduated with degree of Bachelor of Laws in 1861; admitted to the Suffolk bar, Boston, Oet. 8, 1861; appointed assistant United States at- torney for Massachusetts, Nov. 1, 1861 ; received the appointment of justice of the peace, Jan. 13, 1862 ; admitted to the bar of the United States Cireuit Court for Massachusetts, Feb. 17, 1862; admitted to the bar of the United States Supreme Court, at Washington, D. C., March, 1864; and became a resident of Boston ; died September, 1874.

Rarely do we find a person rise to prominent posi- tion as did this man. As a lawyer he took high rank, and in whatever position he was placed he ful- filled the expectation of friends, exhibiting all those qualities which would bring him into still further prominence. He was a representative in the Massa- chusetts Legislature, as well as senator, and proved himself a valuable legislator. Mr. Morton was a man of refined tastes and culture, and won many friends among all classes by his courteous and gentle- manly demeanor.

LUCIUS CARY was son of Moses and Susanna (Field) Cary ; born 1776; graduated at Brown University, 1791 ; was an attorney-at-law, and died at Charleston, S. C., 1806, aged thirty years.

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THE COURTS AND BAR.

ELIAB WHITMAN, the subject of this notice, was | graduated in 1844; studied law at Cambridge Law- the son of Seth Allen and Philibert ( Whitman ) Whit- School ; opened a law-office in North Bridgewater man ; born in that part of Bridgewater now known as (now Brockton) in 1849; appointed justice of the peace March 19. 1851, and justice of peace and quorum throughout the commonwealth March 15, 1859 ; represented the town of North Bridgewater in the Legislature in 1865; member of the Senate, 1869, 1877-78, and is a successful attorney and counselor-at-law. He married Nancy Mehetabel, daughter of John Adams, of Holbrook, Mass., and had three children. East Bridgewater, May 30, 1788. He prepared for college at the Bridgewater Academy under the tui- tion of John Shaw. then the preceptor of the academy, and who is still living in Bridgewater ; graduated at Brown University, at Providence, 1817 ; returned to his native town. and there studied law in the office of Hon. Nahum Mitchell, afterward judge of the Probate Court, and later judge of the Court of Common Pleas for Plymouth County. After his admission to the bar AUSTIN PACKARD, ESQ., was son of Thomas and Joanna (Edson) Packard; was born in North Bridge- water. Jan. 15, 1801; graduated at Brown Univer- sity in 1821 ; studied law in the office of Hon. Wil- liam Baylies, of West Bridgewater, and was admitted to the bar in 1824, and was an attorney and eoun- selor-at-law in West Bridgewater; a successful prae- titioner. He has been a prominent man in town affairs, having held many public offices of trust ; represented the town of West Bridgewater in the Massachusetts Legislature in 1848; was justice of the peace and trial justice for Plymouth County, which office he held from the date of the creation of that office till his death ; he was also selectman, assessor, and overseer of the poor for eighteen years in succession ; frequently served as moderator of the town-meetings. He married Charlotte, daughter of Abiel and Alice (Wetherell) Ames, of West Bridgewater. he settled in Lisbon, Me .. where he practiced his pro- fession for about two years. In 1813 he returned to Bridgewater, and settled in that portion of the town which was afterward incorporated as North Bridge- water ; married Susannah. daughter of John Wales, May 18, 1817. Here he passed his life without am- bition in the quiet discharge of the duties that rested upon him, where he died, Sept. 16, 1861. He was twice representative of the town in the Massachusetts Legislature. in the years 1840 and 1841, but gen- erally shrunk from public office. He was described by one who knew him well as a man of severe in- tegrity, whom neither money nor emolument of any kind could induce to practice any misrepresentation, trick, artifice, or injustice. He was not an advocate, rarely engaged in trials before a jury or even before the bench ; but his integrity, punctuality, diligence, and carefulness brought him a considerable office business, and he was present to attend to it at all proper hours until age and infirmity prevented. In a word, he minded his own business and that of his

TIMOTHY RUGGLES Was born in Rochester in 1711, and graduated at Harvard in 1732. After practicing law in his native town some years, in one clients, and was utterly devoid of the ambition of of which he represented it in the General Court, he making a figure in the world. He was the only at- torney in the town for many years; was on the school committee several years. He married, first, Susanna Wales, 1817 ; second, Harriet Souther Pack- ard, 1841.

His children were (1) Sarah, born 1818, married Rev. Jonathan Coe, of Winsted, Conn., she died at Athens, N. Y., Sept. 24, 1843 ; (2) Samuel Allen, born 1820, died 1842; (3) Susan, born 1823, mar- ried Rev. Jonathan Coe.

His wife died Aug. 12, 1825. He then married Harriet Souther, daughter of Samuel Packard, June 8, 1841, and had (4) Jane Frances, Dec. 30, 1843, died July 28, 1847 ; (5) Julia Ellen, Feb. 19, 1846, died Aug. 18, 1846.

JONATHAN WHITE, EsQ., is son of Jonathan and Abigail (Holbrook) White ; born in East Randolph, Mass., Aug. 22, 1819 ; fitted for college at Phillips Academy, Andover; entered Yale College in 1840;

removed to Sandwich, where he added to his law busi- ness the business of a tavern-keeper. In 1755 he removed to Hardwiek, and in 1757 was made a judge of the Court of Common Pleas for Worcester County, over which court he was appointed presiding justice in 1762. He represented Hardwick in the General Court, and in 1762 and 1763 was Speaker of the House of Representatives. In the Revolutionary struggle he adhered to the royal causc, and in 1774 received and accepted the appointment of " man- damus counselor." On the evacuation of Boston he removed to Long Island, and thence to Halifax, where he died in 1798, at the age of eighty-seven.

WILLIAM CUSHING was born in Scituate in 1732, and was the son of John Cushing, one of the justices of the Plymouth County Court of Common Pleas, and afterwards a justice on the bench of the Provin- cial Superior Court. He graduated at Harvard in 1751, and studied law with Jeremy Gridley. After

HISTORY OF PLYMOUTH COUNTY.

his admission to the bar he settled, in 1755, in Dres- den, Me., then a part of Pownalboro', and is said by Washburn to have been the first regularly-educated lawyer in that province. In 1760 he was appointed judge of probate for Lincoln County, and in 1772 was appointed judge of the Superior Court. John Adams was appointed chief justice in 1775, but never sat on the bench, and on his resignation, in 1776, Judge Cushing was appointed to fill the vacancy. In 1789 he was appointed justice of the United States Supreme Court, and on the resignation of Judge Jay was made its chief justice. Ill health compelled him, however, to decline the promotion, and he continued to hold the position of associate justice until his death. He died in 1810 at Scituate, where he had many years resided, and is there buried.

Before closing this record of the Plymouth County courts and bar, it will be proper to refer more par- ticularly to the justices of the old County Court of Common . Pleas. The following list will show the term of service of each :

Nathaniel Thomas .1702-12

John Cushing. 1738-47 James Warren 1702-14

Thomas Clapp. 1743-70 Joseph Otis. 1703-14

Peter Oliver. 1747-56

Isaac Winslow .1712-38

Isaac Lothrop, Jr 1748-49

Nathaniel Thomas 1715-38

Elijah Cushing 1751-62 Seth Arnold .1717-21

Thomas Foster. 1756-74 Isaac Lothrop, Sr. .1721-31

John Winslow 1762-74

Isaac Lothrop, Sr. .1739-43

Gamaliel Bradford 1762-74

Josiah Edson 1771-74 Josiah Cotton 1729-47

Of these, Isaac Winslow, of Marshfield, the son of Governor Josiah Winslow, was made chief justice in 1728, and for many years held both the office of judge of the Common Pleas Court and that of judge of pro- bate. The first Nathaniel Thomas was admitted to the bar in Boston in 1686, but made Marshfield and Plymouth his places of residence. In the Plymouth Colony he was one of the associates to hold County Courts after 1685. In 1689, Andros created Courts of Common Pleas, but on his deposition the associate courts were restored, and Mr. Thomas was reinstated. In 1702 he was appointed judge of the Court of Com- mon Plcas, then re-established, and in 1712 was pro- moted to a seat on the bench of the Superior Court of the province, and held his seat until his death, in 1718. His son, the second Nathaniel on the above list, was for many years the chief justice of the court. Nicholas Sever was a resident of Kingston. He was born in Roxbury, and graduated at Harvard in 1701. He studied for the ministry, and was set- tled in Dover, N. HI., from 1711 to 1715. He soon afterwards removed to Kingston, where he married, and continued to reside until his death, in 1764, at the age of eighty-four. John Winslow was son of

Chief Justice Winslow, of the same court. He was educated as a merchant, and in early life was ap- pointed register of probate for Plymouth County. He soon after entered military life, and won high distinction. In 1740 he commanded a company in the ill-fated expedition against Cuba; in 1744 was in command of a company forming part of an expedi- tion against the French in Nova Scotia ; in 1755, as lieutenant-colonel under Col. Monckton, he took an active and responsible part in the removal of the " French Neutrals"; in 1756 was in command, under Lord Loudon, of an expedition against Crown Point ; in 1757 was commissioned major-general by Governor Pownal, and had his commission renewed by Governor Bernard in 1762. In the last-named year he was ap- pointed chief justice of the Common Pleas Court, and held this office until his death, in 1774. The second John Cushing in the list of justices was the son of the first. He was born in Scituate in 1695, and there died in 1778, at the age of eighty-two. He held the office of judge of probate from 1738 to 1746, and during the same time was judge of the Court of Common Pleas. He was promoted to a seat on the bench of the Superior Court of the province, which he resigned in 1771.

In 1761 the question of granting " writs of as- sistance" was argued before the court by Gridley in favor, and Thatcher and Otis against, the application. The court sitting on that occasion were Chief Justice Thomas Hutchinson, Benjamin Lynde, John Cushing, Peter Oliver, and Chambers Russell. Peter Oliver, another justice of the Court of Common Pleas of Plymouth County, was born in Boston in 1712, and graduated at Harvard in 1730. Though not educated to the law, he was appointed judge in 1747, and in 1756 was promoted to a seat on the bench of the Superior Court. During his official life he made Middleboro' his residence. In 1772, after the resig- nation of Judge Lynde, he was made chief justice. One of the causes of dissatisfaction before the Revo- lution was the dissolution by the Crown of the con- trol of courts of justice by the General Court. The salary of the judges of the Superior Court had been fixed by the General Court, and paid by an annual grant. The crown now assumed the payment of the salaries, and raised the salary of chief justice from two hundred to four hundred pounds. Against the determined will of the General Conrt, Oliver was the ouly judge who dared to accept his salary. Articles of impeachment, though never tried, were drawn up against him. In 1776, on the evacuation of Boston, he went to England, and died at Birmingham in 1791, at the age of seventy-nine.

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History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 13

Author: Hurd, D. Hamilton (Duane Hamilton) Publication date: 1884 Publisher: Philadelphia, J.W. Lewis & co. Number of Pages: 1706

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1884
Publisher: Philadelphia, J.W. Lewis & co.
Number of Pages: 1706