History of Worcester County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I, Part 5

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1889
Publisher: Philadelphia : J.W. Lewis & Co.
Number of Pages: 1576


USA > Massachusetts > Worcester County > History of Worcester County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I > Part 5


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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With regard to the erection of the first jail there seems to be some confusion as to dates. As nearly as ean be ascertained, what was ealled a cage was built before 1732, and in that year the Court of Sessions or- dered that, "in lieu of the prison before appointed, the cage, so-called, already built be removed to the cham- ber of the house of Deaeon Daniel Haywood, inn- holder, and be the jail until the chamber be suitably furnished for a jail and then the chamber be the jail for the county and the eage remain as one of the apartments." The inn of Deacon Haywood stood on the site of the present Bay State House. In 1734, no jail having been built, the Court of Sessions hired a part of the house of Judge Jennison for prisoners ; very soon after this time, probably in 1734, a jail was built on the west side of Lincoln Street. In 1753 a new jail was built farther down the same street, thirty- eight feet long and twenty-eight wide. In December, 1784, the Court of Sessions provided for the ereetion of a stone jail, sixty-four feet by thirty-two and three stories high, on the south side of Lincoln Square, which was completed September 4, 1788. This build- ing was pronounced by Isaiah Thomas, then the edi- tor of the Spy, as in publie opinion the most important stone building in the Commonwealth, next to King's Chapel in Boston. It was built of rough quarry stone from Mill.Stone Hill by John Parks, of Groton, who gained a high reputation by his work. In 1819 a house of correction was built, fifty-three feet by twenty-seven, where the present jail stands on Sum- mer Street. In 1832 it was rebuilt with forty cells, each seven feet by three and a half, and with three rooms for close confinement. In 1835 a part of the building was arranged for a jail, and in 1873 it was altered, remodeled and enlarged to its present dimen- sions. A jail and house of correction were also built in Fitchburg when that town was made a half-shire.


Under the Constitution of Massachusetts, adopted by a convention of the people at Cambridge, Sept. 1, 1779, it was provided that there should be forty districts


in the State, ereated by the General Court for Couneil- ors and Senators, and until the General Court should aet in the premises, the several districts, with the num- ber of Councilors and Senators, in each should be as follows: Suffolk county with six ; Essex, six ; Middle- sex, five ; Hampshire, four; Plymouth, three ; Barn- stable, one; Bristol, three; York, two ; Dukes County and Nantucket, one; Woreester, five; Cumberland, one; Lincoln, one, and Berkshire, two. Ou the 24th, 1794, Suffolk was changed to four, Essex to five, Middlesex to four, Hampshire to five, Bristol to two, Plymouth was added to Dukes and Nantucket with three, Bristol was changed to two, Norfolk, which had been incorporated March 26, 1793, received three, and Lincoln was added to Hancock and Washington, which had been incorporated with two. The appor- tionment was again changed June 23, 1802, when the number for Woreester was changed to four; again February 24, 1814, February 15, 1816, and at various other times, which it is unnecessary to recount. By the thirteenth article of amendment of the Constitu- tion, adopted by the Legislature of 1839-40, it was provided that a eensns of the legal voters of the State, May 1, 1840, should be taken, and that on the basis of the census the Senators should 'be apportioned among the counties by the Governor and Conneil, with not less than one Senator in each county. By the twenty-second artiele of amendment adopted by the Legislature of 1856-57, and ratified by the people May 1, 1857, it was provided that a eensns should be taken and forty Senatorial distriets ereated by the General Conrt, and that in 1865 and every tenth year thereafter a eensus should be taken, and a new appor- tionment made. From the time of the adoption of the Constitution up to the time of the creation of Senatorial districts the following persons were chosen Senators to represent Woreester County : Moses Gill, of Princeton, Samuel Baker, of Berlin, Joseph Dorr, of Ward, Israel Nichols, of Leominster, Jonathan Warner, Jr., of Hardwiek, Seth Washburn, of Leiees- ter, John Sprague, Abel Wilder, Amos Singleterry, John Fessenden, Joseph Stone, Jonathan Gront, Timothy Bigelow, Salem Towne, Josiah Stearns, Daniel Bigelow, Peter Penneman, Timothy Newell, Elijah Brigham, - Taft, - Hale, Francis Blake, Seth Hastings, Solomon Strong, Levi Lincoln, Jr., Moses Smith, Thomas H. Blood, Daniel Waldo, Salem Towne, Jr., Aaron Tufts, Benjamin Adams, Nathaniel Jones, S. P. Gardner, Silas Holman, John Spurr, Oliver Crosby, James Phillips, James Humphrys, Samuel Eastman, Lewis Bigelow, John Shipley, Na- thaniel P. Denny, Joseph G. Kendall, William Eaton, Nathaniel Houghton, William Crawford, Jr., Jonas Sibley, B. Taft, Jr., Joseph Bowman, John W. Lin- coln, Joseph Davis, Edward Cushing, Joseph Esta- brook, Lovell Walker, David Wilder, Samuel Mixter, William S. Hastings, James Draper, Rufus Bulloek, Charles Hudson, Ira M. Barton, Samuel Lee, Rejoice Newton, Charles Russell, George A. Tafts, Waldo


XV


WORCESTER COUNTY.


Flint, Charles Allen, Linus Child, Ethan A. Green- wood, William Hancock, James G. Carter, Thomas Kinuicutt, Artemas Lee, James Allen, Charles Sibley, Samuel Wood, Jedediah Marcy, Benjamin Estabrook, Nathaniel Wood, Ch. C. P. Hastings, Emory Wash- burn, Alexander De Witt, Solomon Strong, Isaac Da- vis, Ariel Bragg, Daniel Hill, Joseph Stone, John G. Thurston, Stephen Salisbury, Calvin Willard, Jason Goulding, George Denny, Nahum F. Bryant, Alfred D. Foster, Alanson Hamilton, John Brooks, Alexander H. Bullock, Ebenezer D. Ammidown, Paul Whitin, Ebenezer Torrey, Pliny Merrick, John Raymond, Amasa Walker, Edward B. Bigelow, Francis Howe, Giles H. Whitney, Moses Wood, Freeman Walker, Elmer Brigham, J. S. C. Knowlton, Albert Alden, Sullivan Fay, Elisha Murdock, Ivers Phillips, Charles Thurber, Anson Bugbee, Joseph W. Mansur, Joseph Whitman, H. W. Benchley, Albert A. Cook, Edward Denny, Jabez Fisher, Alvan G. Underwood, F. H. Dewey, Velorous Taft, J. F. Hitchcock, George F. Hoar, William Mixter, Ohio Whitney, Jr.


Under the new system of' Senatorial districts Wor- cester Connty was divided into districts by itself, un- connected with other counties until the apportion- ment made on the basis of the census of 1885, and was represented by Worcester County Senators up to and inclusive of the year 1886. During this period the following gentlemen represented the various districts of the county : J. M. Earle, John G. Metcalf, Oliver C. Felton, Charles Field, Goldsmith F. Bailey, S. Allen, Dexter F. Parker, Ichabod Washburn, Hartley Williams, E. B. Stoddard, Alvah Crocker, Winslow Battles, William R. Hill, Moses B. Sonthwick, Wm. Upham, Nathaniel Eddy, Sylvester Dresser, Rufus B. Dodge, Asher Joslin, John D. Cogswell, Emerson Johnson, Jason Gorham, Freeman Walker, Henry Smith, George Whitney, Charles Adams, Jr., William D. Peck, T. E. Glazier, Israel C. Allen, Solon S. Has- tings, Joel Merriam, Abraham M. Bigelaw, John E. Stone, Thomas Rice, Benjamin Boynton, Charles G. Stevens, Hosea Crane, William Ru-sell, Milo Hildreth, Lucius W. Pond, Moses D. Southwick, Ebenezer Da- vis, George S. Ball, F. H. Dewey, George M. Rice, Adin Thayer, George F. Thompson, George F. Very, Edward L. Davis, John D. Wheeler, Charles A. Wheelock, J. H. Wood, S. M. Greggs, Jeremiah Get- chell, Aaron C. Mayhew, Lnther Hill, Frederick D. Brown, Lucins J. Knowles, George W. Johnson, A. W. Bartholomew, Henry L. Bancroft, Washington Tufts, Emory L. Bates, John G. Mudge, George M. Buttrick, Baxter D. Whitney, N. L. Johnson, Moses L. Ayers, John H. Lockey, Francis B. Fay, Henry C. Greeley, George A. Torrey, Amasa Norcross, C. H. B. Snow, Elisha Brimhall, George S. Barton, Henry C. Rice, William Knowlton, Ebenezer B. Linde, James W. Stockwell, Alpheus Harding, Charles H. Merriam, Wm. Abbott, Charles T. Crocker, Thomas J. Hastings, Chester C. Corbin, John M. Moore, Daniel B. Ingalls, George W. Johnson, Charles B. Pratt, Charles P. Bar-


ton, Theodore C. Bates, Edward P. Loring, John D. Washburn, Charles E. Whitin, Charles A. Denny, Thomas P. Root, Martin V. B. Jefferson, Henry S. Nourse, Arthur F. Whitin, William T. Forbes, Charles A. Gleason, Allen L. Joslin.


Under the census of 1885 a new apportionment was made, under which the Senators for 1887 were chosen in 1886. Under this apportionment there were four districts confined to the county and one other, in- cluding Athol, Barre, Dana, Gardner, Hardwick, Hubbardston, New Braintree, Oakham, Petersham, Phillipston, Rutland and Templeton in Worcester County, and Amherst, Belchertown, Enfield, Granby, Greenwich, Hadley, Pelham, Prescott, South Hadley and Ware in Hampshire County, and called Worcester and Hampshire District. Under this apportionment the Senators have been Edwin T. Marble, William T. Forbes, Irving B. Sayles, Harris C. Hartwell, Charles A. Gleason, Silas M. Wheelock and George P. Ladd.


The districts as formed under the census of 1885, with a ratio of 11,382 for one Senator, are as follows : First Worcester District .- Wards 1, 4, 5, 6, 7 and 8 of Worcester, with 10,786 legal voters.


Second Worcester District .- Berlin, Blackstone, Bol- ton, Boylston, Clinton, Grafton, Harvard, Hopedale, Mendon, Milford, Northborough, Northbridge, Shrews- bury, Southborough, Upton, Uxbridge and West- borough, with 11,433 legal voters.


Third Worcester District. - Auburn, Brookfield, Charlton, Douglas, Dudley, Leicester, Milbury, North Brookfield, Oxford, Paxton, Southbridge, Spencer, Sturbridge, Sutton, Warren, Webster and West Brook- field, with 11,217 legal voters.


Fourth Worcester District .- Fitchburg, Holden, Lau- caster, Leominster, Lunenburg, Princeton, Sterling, West Boylston, Westminster and Wards 2 and 3 of Worcester, with 12,099 legal voters.


Worcester and Hampshire District .- Athol, Barre, Dana, Gardner, Hardwick, Hubbardston, New Brain- tree, Oakham, Petersham, Phillipston, Rutland and Templeton in Worcester County, and Amherst, Bel- chertown, Enfield, Granby, Greenwich, Hadley, Pel- ham, Prescott, Sonth Hadley and Ware in Hamp- shire, with 11,127 legal voters.


This sketch of Worcester County would be incom- plete without some allusion to the various organiza- tions which have the county as the field and boundary of their operations. The Worcester County Musical Association had its origin in a musical convention held in Worcester in 1852. Its officers are, Edward L. Davis, president; William Sumner, vice-president ; A. C. Munroe, secretary, and J. E. Benchley, treasurer. The Worcester Connty Musical School, which has been in existence some years, was organized to furnish in- struction " in piano, organ, singing, violin, flute, guitar, harmony and elocution," with an efficient corps of instructors. Besides the Worcester Agricul- tural Society there are in the county five distinct societies-the Worcester West holding its annual


xvi


HISTORY OF WORCESTER COUNTY, MASSACHUSETTS.


exhibitions at Barre; the Worcester Northwest hold- ing its exhibitions at Athol ; the Worcester North at Fitchburg; the Worcester Southeast at Milford, and the South Worcester. The Worcester Horticultural Society was formed in 1840. The Worcester County Homoeopathic Medical Society was organized in 1866, and its present officers are : E. A. Murdock, of Spencer president ; E. L. Mellus, of Worcester, vice-president ; Lamson Allen, of Southbridge, recording secretary and treasurer, and John P. Rand, of Monson, corre- sponding secretary. The Worcester County Law Library Association was organized iu 1842, and is composed of the members of the county bar.


The Worcester County Mechanics' Association was incorporated in 1842. Its officers are : Robert H. Chamberlain, president; Ellery B. Crane, vice-presi- dent, and William A. Smith, clerk and treasurer.


The Worcester County Retail Grocers' Association was organized in 1881, and its officers are : Samuel A. Pratt, president; C. G. Parker, vice-president ; E. E. Putnam, secretary, and James Early, treasurer.


The Worcester County Society of Engineers was formed in 1886. Its officers are: A. C. Buttrick, president; Charles A. Allen, vice-president ; A. J. Marble, secretary, and E. K. Hill, treasurer.


The Worcester County Stenographers' Association was organized in 1887, and its officers are : Edna L. Taylor, president ; F. L. Hutchins, vice-president; George E. Vaughn, secretary, and John F. McDuffie, treasurer.


The Worcester District Medical Society was organ- ized in 1804. Its officers are : George C. Webber, of Millbury, president ; J. Marcus Reed, of Worcester, vice-president ; W. C. Stevens, of Worcester, seere- tary, and S. B. Woodward, of Worcester, treasurer.


Of connty religious associations there are five belonging to the Orthodox Congregationalist denomi- nation. The Worcester Central Conference includes the Worcester churches and those of Auburn, Berlin, Boylston, Clinton, Holden, Leicester, Oxford, Paxton, Princeton, Rutland, Shrewsbury, Sterling and West Boylston.


The Worcester North includes the churches of Ash- burnham, Athol, Gardner, Hubbardston, Petersham, Phillipston, Royalston, Templeton, Westminster and Winchendon, with two churches in Franklin County.


The Worcester South includes the churches of Blackstone, Douglas, Grafton, Millbury, Northbridge, Sutton, Upton, Uxbridge, Webster and Westborough.


The Brookfield Conference includes the churches of Barre, Brookfield, Charlton, Dana, Dudley, Hard- wiek, New Braintree, North Brookfield, Oakham, Southbridge, Spencer, Sturbridge, Warren and West Brookfield, with four towns outside the county. The Middlesex Union Conference includes the churches of Fitchburg, Harvard, Laucaster, Leominster and Lunenburg, with eleven churches in Middlesex County.


Wachusett, including the churches in Barre, Bolton, Clinton, Fitchburg, Gardner, Harvard, Holden, Leo- minster, Sterling, Templeton, West Boylston, West- minster and Winchendon, and the Worcester Associa- tion, including the churches of Worcester, Brookfield Grafton, Leicester, Millbury, Northborough, Oxford, Southbridge, Sturbridge, Spencer, Uxbridge, Webster and Westborough.


Of the Methodist denomination there are, strictly speaking, no county organizations. The New Eng- land Conference, extending from the seaboard to the Connecticut Valley, is divided into four districts, which include most of the Methodist Churches in the county.


Of the Unitarian denomination there is the Worces- ter Conference of Congregational and other Christian societies, which was organized at Worcester Decem- ber 12, 1866. It includes the churches of Athol, Barre, Berlin, Bolton, Brookfield, Clinton, Fitchburg, Graf- ton, Harvard, Milford, Hubbardston, Lancaster, Lei- cester, Leominster, Mendon, Northborough, Peters- ham, Sterling, Sturbridge, Templeton, Upton, Ux- bridge, Westborough, Winchendon and Worcester, There is also a Ministers' Association belonging to this denomination.


Of the Episcopal, Universalist and Catholic denomi- nations there are no county organizations, and sketches of their various churches will be included in the histories of the towns in which they are located.


The Worcester County Bible Society was organized September 7, 1815, under the name of " The Auxili- ary Bible Society of the County of Worcester," but has been more lately kuown as the Bible Society of Worcester.


In closing this sketch a list of the present officers of Worcester County should be added. It is as fol- lows : Judge of Probate and Insolvency, William T. Forbes; Register of Probate and Insolvency, Frederick W. Southwick, of Worcester ; Sheriff, Au- gustus B. R. Sprague, of Worcester; Clerk of the Courts, Theodore S. Johnson, of Worcester ; Treas- urer, Edward O. Brown, of Worcester; Register of Deeds of Worcester District, Harvey B. Wilder, of Worcester ; Register of Deeds of Northern District, Charles F. Rockwood, of Fitchburg.


County Commissioners : George S. Duell, of Brook- field, term expires December 1, 1888 .; William O. Brown, of Fitchburg, term expires December 1, 1889; James H. Barker, of Milford, term expires Decem- ber 1, 1890.


Special Commissioners : Thomas P. Root, of Barre, term expires December 1, 1889; Charles J. Rice, of Winehendon, term expires December 1, 1889.


Commissioners of Insolvency : Rufus B. Dodge, Jr., of Charlton; David H. Merriam, of Fitchburg ; An- drew J. Bartholomew, of Southbridge; Daniel B. Hubbard, of Grafton.


Trial Justices: James W. Jenkins, of Barre; Of County Baptist Associations there are two-the George S. Duell, of Brookfield ; Chauncey W. Carter


xvii


THE BENCH AND BAR.


and Hamilton Mayo, of Leominster; Charles E. Jenks, of North Brookfield; Frank B. Spalter, of Winchendon; Luther Hill, of Spencer; Horace W. Bush, of West Brookfield ; John W. Tyler, of War- ren, and Henry A. Farwell, of Hubbardston.


CHAPTER II.


THE BENCH AND BAR.


BY CHARLES F. ALDRICH.


" It is not they who are oftenest on mnen's lips, who are clothed with a visible authority, who bear the sword and the ensign of State, that contribute most to the well-being of a community ; but he, rather, who sits apart in severe simplicity, and, in the supremacy of intellectual and moral strength, adjusts the relation between man and man; and, with au authority mightier than his who wields a sceptre, silently moulds the State, and interprets and dispenses the laws that. govern it."-Rev. Alonzo Hill, remarks on the life of Pliny Merrick.


BY the act incorporating this county, passed by the General Court of the Province in 1731, provision was made for four annual terms of the Court of Gen- eral Sessions of the Peace, and of the Inferior Court of Common Pleas, and for an annual session of the Superior Court of Judicature, Court of Assize and General Gaol Delivery.


The jurisdiction of justices of the peace and of judges of Probate supplemented that of these more formal tribunals, and the whole constituted a system of ju- dicial machinery which served the needs of the community, with but little amendment from 1699 until the adoption of the State Constitution. With several changes of title and some amplification to adapt it to the increased business and complexity of interests in the modern highly organized society, its principal features subsist in the system of to-day.


The Superior Court was composed of a chief and four associate justices. Its jurisdiction covered "all matters of a civil and criminal nature, including ap- peals, reviews and writs of error . . . as fully and amply to all intents and purposes whatsoever, as the Courts of King's Bench, Common Pleas and Ex- "hequer within his Majesty's Kingdom of England." It also possessed very limited equity powers. The home government had always exhibited a jealous disposition to keep the Provincial courts closely hemmed in by the rules of the common law. Ex- cept in cases of the breach of the condition of a bond or a mortgage, when the court might prevent the exaction of the strict forfeiture on payment of proper damages, no part of the great system of equity jurisprudence, which, in England, was then well advanced, was permitted to take root here. This early discouragement has seemed, until very recent years, to prejudice the minds of our law-mak- ers and our courts against the granting or the exer- cise of jurisdiction in equity.


The judges were appointed by the Governor and his Council, and might, and frequently did, hold va- rious other offices at the same time. Hutchinson, when chief justice, was also Lieutenant-Governor, member of the Council and judge of Probate for Suf- folk. The principle of appointment to judicial office thus established has been ever since adhered to in this Commonwealth, and it is to be hoped that no demand for popular elections will cause a seat upon the bench to be set up as a prize of the caucus. By the provision of the State Constitution the good sense of our judges, and the increase in the number of men competent and willing to perform the duties of the various offices, our courts have, in the main, been presided over by men who held no other public office, and gave all their energies to the lahors of their judicial station. It has thus most happily heen true of the administration of Massachusetts justice, that it has been singularly free even from the suspi- cion of partisan bias, and has retained the confidence alike of bar and laity. Until the Revolution no res- ident of Worcester County attained the dignity of justice of the Superior Court.


The Inferior Court of Common Pleas was com- posed in each county of four justices, three of whom constituted a quorum for transacting business. Its jurisdiction covered civil actions of every nature, ac- cording to the course of the common law. From its decision an appeal lay to the Superior Court.


The Court of General Sessions of the Peace was held at the same times with the Common Pleas by the justices of the peace for the county or such a num- ber of them as were designated from time to time. Its jurisdiction as a judicial tribunal covered only criminal matters, and hence was limited to the trial of offenses for which the punishment did not extend to death, loss of member, or banishment. The same tribunal had a supervision and control of the admin- istration of the county finances, the laying out of highways, etc., similar to the present powers of County Commissioners.


Justices of the peace held courts in their various places of residence, and were authorized to hear and decide in a large variety of civil actions where the damage did not exceed forty shillings. When the title to land was concerned, however, the issue was deemed too important for any court of less dig- nity than the Common Pleas. In criminal matters their jurisdiction extended to minor breaches of the peace and disorderly conduct, and they could inflict penalties of small fines, whipping and sitting in the stocks. For offences beyond their jurisdiction they were authorized to bind over persons accused to the higher tribunals. From their decisions appeals lay to the Court of Common Pleas.


In the Governor and Council was vested jurisdic- tion over the probate of wills, the settlement of the estates of deceased persons, the appointment of guard- ians and the like. It was the custom, however, for


xviii


HISTORY OF WORCESTER COUNTY, MASSACHUSETTS.


them to appoint substitutes in the various counties, who transacted the ordinary business subject to re- vision on appeal to the Governor and Council. These deputy courts were recognized by several laws of the province, though their establishment was never specially authorized by any act of the General Court.


The history of the bar of this county is practically covered by the professional activity of four of its members. Joseph Dwight, admitted at the first term of the Court of Common Pleas held in the newly- established county, lived until 1765. John Sprague was admitted to the bar in 1768, and died in 1800. Benjamin Adams admitted in 1792, probably tried causes before Judge Sprague, and as he lived in Ux- bridge until 1837, it is most probable that the late Peter C. Bacon, who was admitted in 1830, knew him personally.


When JOSEPH DWIGHT, in 1731, took the oaths of an attorney and became the only member of the Worcester County bar, there were in the province but few educated lawyers. Benjamin Lynde was chief and Paul Dudley an associate justice of the Superior Court, both of whom were thorough lawyers. Through the influence and learning, especially of Dudley, the forms of pleading were being brought into intelligible shape, and the principles of law were becoming more clearly understood by bench and bar. It was not at all essential, however, that a judge should be a law- yer. Many of those upon the Superior bench had no legal education, and of fourteen judges of the Court of Common Pleas for Worcester County before the Revolution, only three were members of the bar. Dwight was born in Hatfield in 1703, and received his education at Harvard, where he graduated in 1722. After his admission to the bar for some years he resided in Brookfield, and was repeatedly elected its Representative to the General Court.


For one year during his service he held the position of Speaker of the House. In 1743 he was appointed to the bench of the Common Pleas, and retained his commission until about the time of his removal to Stockbridge, in Hampshire County, in 1751 or 1752. There he was interested in the efforts which were being made, under the direction of Jonathan Edwards, to educate the Indians. Judge Dwight was appointed a trustee of the schools, and for a year or more remained closely associated with the learned divine, for whom he always testified the highest regard. He soon left Stockbridge for Great Barrington, and re- sumed judicial functions in the Hampshire County Court until Berkshire was set off, in 1761. For the new county he became chief justice, and so con- tinued till his death, in 1765. With his duties as judge he combined the carrying on of a mercantile business and the functions of an active military leader. He held the rank of brigadier-general, and won the commendation of his superior officers for services against the French.




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