History of the Connecticut Valley in Massachusetts, with illustrations and biographical sketches of some of its prominent men and pioneers, Vol. II, Part 132

Author: L.H. Everts & Co
Publication date: 1879
Publisher: Philadelphia : Louis H. Everts
Number of Pages: 896

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957

HISTORY OF HAMPDEN COUNTY.

At the time of Mr. Bates' admission to the Bar the trial of cases was in the hands of a few leading counselors. Hon. Isaac C. Bates and Elijah H. Mills, both of Northampton, attended the courts in Hampden, and monopolized the trials of the most important causes. The late Judge Dewey and Judge Daniel Wells and a few of the older lawyers of Hamp- den County were occasionally called in, but the younger part of the profession were compelled to sit hy and witness the efforts of these leading counselors. A circumstance occurred early in the professional practice of Mr. Bates which was ex- tremely favorable to his success.

A suit was commenced by a plaintiff against one of Mr. Bates' friends, on a writ of right, for the recovery of a large tract of land. A trial had been had a few years before be- tween the same parties, in a writ of entry, in which the defendant had prevailed and the plaintiff was non-suited.

Hon. Isaae C. Bates was the counsel of the defendant in that suit, and the defendant instructed his attorney to employ him again in the present action. Unfortunately the attorney omitted to retain him, and when the court began, not only he as the leading counsel did not appear, but the attorney him- self was absent, and the defendant was without any counsel. In this dilemma he applied to Mr. Bates, and was informed by him that he had not been admitted to the Supreme Judi- cial Court, and was not entitled to appear in the case. As the cause was being disposed of, Mr. Bates took the liberty to state to the judge (Wilde) the situation of the defendant. He inquired of Mr. I. C. Bates if he was intending to engage in the trial of the action. He replied in the negative, and said that his partner was engaged to try it. "Very well," said the judge, "though it is irregular, let Mr. Dewey appear for the plaintiff, and you take the defense." Thereupon the plaintiff said, " ] have employed the firm of Bates & Dewey, and I object to the appearance of Mr. Bates for the defense." The sharp gray eyes of the judge lighted up with excitement, as he perceived the device by which the plaintiff had prevented the defendant from enjoying the assistance of his former coun- sel. "Under the extraordinary circumstances," said he, "I will postpone this trial till to-morrow, and in the mean time you can employ new counsel, and be ready for trial in the morning." The defendant accordingly employed counsel, and engaged Mr. William G. Bates to examine the record of title, and to perform such assistance as he could do at the trial. The next morning the new counsel made a strong effort to procure a continuance; but the judge, to whom cases of that sort were familiar, and who felt that the reluctance of the counsel was rather feigned than real, refused the motion, and the case came on for trial.

Mr. Bates had in the mean time examined the record, and read, with more interest than usual, " Jackson on Real Ac- tions," and during the trial he made such suggestions to the counsel as his information enabled him. At the termination of it the counsel again pressed a motion for a continuance, and they reflected severely upon the conduct of the plaintiff in preventing the defendant from having the assistance of the Hon. I. C. Bates, but the court refused the motion and or- dered the trial to proceed ; and when both the counsel refused to argue the case the judge said, " Let young Mr. Bates argue it." He excused himself as unprepared, and as not having been admitted to the Bar. The judge said, " Mr. Clerk, admit Mr. Bates as a counselor of this court. And now," said he, " address the jury." While Mr. Bates stood apparently hesi- tating as to what was to be done, the members of the Bar spoke encouragingly to him, and his relative and friend, the Hon. 1. C. Bates, said to him, " Get np and go to the jury ; you'll never have another such a chance, if you live a thousand years!" Young Mr. Bates accordingly proceeded to comment upon the law and the evidence, and the result was a partial success, which was a surprise to every one. Mr. Bates reaped a great advantage from this extemporaneous effort. It gave

his friends confidence in him, and, what was more, it gave him confidence in himself. It broke up, to some extent, the custom of the older practitioners in arguing the cases, and he, as well as his associates of his own age, began to try and argue their own cases.

lle was soon after appointed one of the two masters in chancery in the county, and occasionally cases in equity were referred to him for examination, whereby his knowledge of equity practice was enlarged, and his practice increased. In the year 1839 he was appointed one of the members of the board of education for the period of eight years. The appoint- ment was made soon after the establishment of the hoard.

A bitter strife had at once sprung up in relation to the ap- pointment of the original members, and their conduct was rigidly criticised and eensured by those opposed to them on theologieal grounds. Mr. Bates took an active part in the defense of his associates on the board, and by controversial articles in the newspapers, by his reports in the board and to the Legislature, he vindicated the correctness of their conduct and the wisdom of their appointments.

One of the complaints against the board was the alleged ground that they had failed to recommend the use of the Bible as a reading-book in the common schools. Mr. Bates was ap- pointed by the board to draw up the eighth annual report. It was adopted by the hoard in December, 1844, and contained an able exposition of the views of the board and of the public on that subject. The controversy soon ceased, and has not since been renewed.

In 1840 he was elected to the Senate of the commonwealth from Hampden County, and he was subsequently elected for two years to the council, for the years 1844 and 1845.

In the year 1868 he was elected to the House of Representa- tives from the District No. 10.

In the year 1853 he was appointed district attorney for the Western District of Massachusetts, consisting of the four west- ern counties ; but, finding that the duties of the office en- eroached so much upon the other duties of his profession, he resigned it after a year's trial. During his term he gave his official assistance to Rufus Choate, the attorney-general, and in his absence he conducted, in his place, the trial of an indiet- ment for murder in the case of the Commonwealth versus Adeline Bass, or Phelps, for the murder of her father, in which case the defendant was acquitted by reason of insanity ; the in- dueing motive for the conduct of the jury probably being that the shrewdness of the defendant herself in her address to them created the belief that she was not in the exercise of her reason.

Besides the professional labors of Mr. Bates, he has made and published the following: An address at the laying of the corner-stone of the new academy in Westfield; an ad- dress at the dedication of the Normal school-house at Bridge- water; an address at the bi-centennial celebration of the settlement of the town of Westfield, with a history of the proceedings of the celebration, and an address at the dedi- cation of the court-house in Springfield, published by the county commissioners at the request of the Bar. The last named contains a sketch of the members of the court and the early members of the Bar, with its early history. Mr. Bates has been for a number of years the president of the Bar and of the Law Association of Ilampden County. His eminence was won by unremitting labors in his profes -. sional practice. Between 1840 and 1860, he probably tried. more cases before court and jury than any other lawyer in Western Massachusetts. But notwithstanding his professional labors he was called to the performance of much service for the public. As a zealous politician he frequently addressed large assemblies of the people on political subjects, and his zeal in the cause of education led him to deliver frequent lectures on literary subjects before educational conventions and agricultural societies. He was the president of the West-

958

HISTORY OF THE CONNECTICUT VALLEY.

field Bank from its incorporation till its merger with the First National Bank of the town of Westfield, and after that time till he resigned the office.

At the decease of the Rev. Emerson Davis he was elected as his successor, and remains to this day the president of the board of trustees of the time-honored Westfield Academy.

COL. DAVID MOSELEY*

was born in Westfield, Mass., March 6, 1798, at the old home- stead, where he passed his days, and where he died, Aug. 26, 1871. 1le was a descendant of the ancient and respectable family of this name, who came to Westfield in 1777, and who originally settled in Dorehester, Mass. His educational ad- vantages were such as were afforded by the common schools and Westfield Academy, which was then a flourishing insti- tution.

Col. Moseley was interested in all social and political mat- ters which concerned his native town, and was active in all questions of public improvement. There was probably no person in Westfield whose advice was more respected and sought for by his neighbors ; and he was constantly consulted as a referee in disputed matters. He was also in frequent requisition as administrator and executor of estates; was in- terested in education and in institutions designed to promote it ; was for some years chairman of the school committee of the town; and was also one of the trustees of Westfield Academy. lle was for several years one of the board of selectmen and assessors; in 1841 he served as representative in the Legislature; and in 1851 was a member of the Senate of Massachusetts. In 1828 he was commissioned lieutenant- colonel of artillery in the first brigade and fourth division of the militia of the commonwealth. . He was a member of the New England Agricultural Society, and in the cultivation of his large and valuable farm took a deep interest in agricul- ture, especially the growing of choice fruit- and forest-trees.

Ile had a hereditary attachment to the chain and compass of the surveyor. The old account-books of his ancestors have many records of the perambulations of town lines, and of surveying " tiers" and sections of land, and he was himself' familiar with all the roads and bridges of the vicinity, and suggested many improvements in the highways and country roads. He was a man of decided convictions and fearless in the expression of them, whether or not they tallied with pub- lic opinion. He had a profound reverence for God and the Bible, and was liberal in his views, with a happy flow of spirits and a genial hospitality toward all the scions of the family-tree, who constantly drifted back to the old homestead.

The home dwelling is interesting as a well-preserved speci- men of an old-time mansion. There is an older Moseley homestead, which was formerly called " the mansion-house," and which was built by the great-grandfather of the late Col. David Moseley upon the same estate which has been pre- served to the Moseley name for more than two hundred years. This older house is remarkable, from the fact that fourteen brides have been married in one of its parlors, all bearing the name of Moseley, being the daughters of the house for four sueeessive generations. But the one which we illustrate pre- serves the paneled walls, corner-cupboards, old-fashioned window-seats, lofty garret, with spinning-wheels and loom, and ancient ease of drawers, black with time; and above all, the huge central chimney, which radiated bright comfort from its wide fireplaces, where the firewood still burns,-remembered with warm hearts by all who have received its hospitality and good cheer.

Col. Moseley was married, Jan. 24, 1823, to Silence, dangh-

* The names Maudsley, Mandesley, Modesly, Madsly, Moseley, and Mosley have been indifferently applied to the same persons and places. In the earlier records of Westfield, Maudsley is frequently used, and Madsly is inscribed upon some of the time-worn monuments in the old burying-ground.

ter of Reuben and Silence Ely Champion, of West Spring- field. Their children were Adelia, born Jan. 14, 1824, and married, Sept. 22, 1852, to Owen Rockwell .; Henry Cham- pion, born March 23, 1826; married Susan Ellis Benton. Flavia Isabella, born Oct. 28, 1829 ; married Josiah C. Robin- son, Dec. 25, 1860. Maria, born Dec. 12, 1831 ; married Alonzo Whitney, February, 1869. David Noble, born April 3, 1833 ; married Mary, daughter of Solomon Phelps, May, 1865. Edward, born March 3, 1835. Benjamin Franklin, born July 25, 1838; died June 29, 1842. Thomas Benton, born Dec. 27, 1840; married Clara, daughter of George II. Moseley, Oct. 25, 1876.

Col. Moseley had many traits of the old English gentlemen from whom he was descended, and those who knew him at his own fireside could best appreciate his worth. llis remains rest in the ancient burying-ground of his native town, where the dust of five generations has found a common abiding-place.

MILTON BURRALL WHITNEY,

an attorney and counselor-at-law by profession, at Westfield, was born in the east parish of Granville, Hampden Co., Mass., Oet. 6, 1825. ]le is of English descent, his ancestors having emigrated from the mother-country to New England carly in the last century.

Ilis great-grandfather, Uriah Whitney, served as a private in the Continental army in the Revolutionary war, and was taken prisoner by the English at the battle of White Plains, N. Y. Owing to the limited pecuniary means of his parents, Mr. Whitney enjoyed simply the advantages of an ordinary common-school education in his youth, yet at the early age of sixteen he was well qualified to teach in the district schools, in which pursuit he met with marked success. By the advice of Rev. Timothy M. Cooley, D.D., the pastor of the Congregational Church in East Granville, who was a fine classical scholar and a successful teacher, and who took a deep interest in his welfare, he was induced to commenee the study of the classics, preparatory to admission to college.

He pursued his preparatory studies under the direction of his friend, Dr. Cooley, much of the time at home, walking a distance of four miles nearly every day to recite, until he entered the sophomore class, Williams College, in 1846. Although compelled, in order to procure the funds necessary to prosecute his studies, to be absent from college for the pur- pose of teaching one term each year, during his collegiate course, yet he was graduated with high honors in the class of 1849, one of the largest and ablest classes which ever gradu- ated at the college.

After graduation he taught two years, and then entered as a student the law-office of Bates & Gillett, in Westfield, Mass. He was admitted to the Bar at Springfield, Mass., in June, 1853, and immediately afterward formed a law partnership with Hon. Wm. G. Bates, with whom he continued in prac- tice about twelve years. IIe is now the senior partner in the law firm of Whitney & Dunbar, and has for several years been one of the leading members of the Hampden County Bar. He has resided in Westfield, Mass., since his admission to the Bar.

Although claiming to be independent in politics, he has almost invariably voted and acted with the Republican party since its organization. He was elected to the Massachusetts Senate from the western Hampden Senatorial district in the fall of 1861, receiving all but one hundred and four votes cast, having the largest majority ever cast for any candidate in the district. Although one of the youngest members of the Senate he was appointed chairman of two important com- mittees, and a member of several others, and discharged the duties with credit.

+ Mrs. Rockwell is somewhat celebrated as a genealogist, and has completed an excellent genealogy of the Moseley family.

David Morley

"he" Chubbuck, Eng" Springfield, Mas.

M.B. Whitney.

George G. Tucker 16.25.

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16. Bush

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HISTORY OF HAMPDEN COUNTY.

He was re-elected the following year by a handsome major- ity ; was appointed a member of the committee on the judi- ciary, and chairman of the committee on Federal Relations, and took an active and leading part in the important legisla- tion demanded by the war of the Rebellion. He was elected in the fall of 1868 as Presidential eleetor of the Tenth Con- gressional District of Massachusetts.

lle is now and has been for several years past a trustee and secretary of the Westfield Savings-Bank, a director of the First National Bank of Westfield, and also a dircetor in sev- eral manufacturing corporations. Ile has been a trustee and chairman of the library committee of the Westfield Atheneum since its organization, and has always taken a deep interest in its prosperity ; and the choice collection of books upon its shelves is largely due to his discriminating and scholarly taste.

Although his time and talents have been largely given to his profession, yet Mr. Whitney has taken an active interest in all enterprises tending to promote the social, intellectual, and moral prosperity of the town in which he resides.

HENRY J. BUSH,

son of Jason Bush and Miranda Noble, was born in Westfield, Mass., April 20, 1819. His ancestors on the paternal side were among the pioneers of his native town. Ilis mother was the granddaughter of Capt. David Noble, of Pittsfield, who rendered efficient service in the colonial army during the Revolutionary struggle. He was generous and patriotic, and at his own expense recruited, armed, and equipped a company of infantry.

The childhood of Henry Bush was spent in his native town, and at the early age of fourteen he began life for himself by entering the whip-factory of Martin Day as an apprentice. Here he remained for some time, applying himself with dili- gence and attention. In 1839 he formed a copartnership for the manufacture of whips with his older brother, Charles Bush, and John Miller, under the firm-name of C. Bush & Co. At the expiration of one year-he being at that time only twenty- one years of age-he disposed of his interest in this firm, and formed a partnership in the same business with Emerson Ilowe, under the style of Howe & Bush. Two years later this firm was dissolved, and Mr. Bush then entered into partner- ship with Hiram Harrison, an old and successful whip-man- ufueturer, with whom he continued until 1855, when the American Whip Company was organized, with a capital of $100,000. Mr. Bush was a director and large stockholder, and was appointed superintendent of the company. He brought to this position a thorough knowledge of the business, and discharged its duties with eredit to himself and to the satis- faction of the corporation, and upon the retirement of Mr. Harrison was chosen to the presidency of the company. Ile has also officiated as treasurer, and is now vice-president and manager.

He is not only thorough and active in his business, but also manifests a lively interest in all matters looking to the public welfare. In 1863 he was a member of the Legislature, and again in 1865. He has been a director of the First National Bank for many years, and is connected with the Savings-Bank. He is also president of the Jessup & Lafflin Paper Company, manufacturers of fine writing- and ledger-paper.

Politically, Mr. Bush is a Republican, which he has been since the organization of that party. He has been a member of the Methodist Episcopal Church sinee early manhood, and has contributed liberally to the advancement of religious in- terests. Ile was prominently identified with the movement to erect a new church building, and aided largely in the build- ing of the present fine edifice, which was completed in 1876 at a cost of $53,000.

In 1842 he united in marriage with Elizabeth A. Howe, a native of Concord, Mass. Their family consists of one son, Andrew L. Bush, a resident of Westfirkl.

GEORGE GRENVILLE TUCKER, M.D.,

whose steel portrait accompanies this sketch, was born in the town of Warren, Worcester Co., Mass., June 21, 1834, where his father was at that time engaged in developing the manu- facturing interests of that region. His parents removing to Cambridge when the son was five years old, he came at onee under the fine educational influences of that renowned univer- sity town, which he was not slow to improve, and he finished here his classical education, attaining a high rank in his class.

A love of natural science and a habit of elose and accurate observation early turned his attention to the profession of medicine, and at the age of sixteen years we find him an en- thusiastic and hard-working student in that department, mak- ing special effort in clinical observation, thus seeing exempli- fied in practice what he had learned in theory. This strong desire to study disease as it actually existed led him naturally to the hospital, and in 1852, when only eighteen years of age, he received a unanimous appointment by the trustees of the Massachusetts General Hospital as one of the resident officers of that institution, several candidates competing for the situ- ation. A reappointment for three successive years evinced the success of his administration. During this time Dr. Tucker was a member of the medical department of Harvard University, and also of the Tremont Medical School, an insti- tution distinguished as the one that first inaugurated a more thorough system of medical education. Its teachers were the professors of the university and some of the most prominent physicians of Boston, and the ranks of European celebrities were frequently drawn upon to furnish special courses of Jectures.

In the spring of 1855, after the usual thorough examination, in which he attained high rank, Dr. Tucker found himself, at the age of twenty years, in possession of the degree of Doctor of Medicine, conferred by Harvard University. After engag- ing for a year in private practice in Boston, he yielded to a Jong-cherished desire and visited Europe, where he had the opportunity in Paris of witnessing the splendid exploits of Velpeau, the Napoleon of surgery, and also of profiting by the teachings of the other distinguished inen in various depart- ments of medicine in that city and in London, who were at that time shedding such brilliant light in the scientific firma- ment. While in Europe, Dr. Tueker yielded to a flattering invitation to accept a position on the medical staff in the Rus- sian service. But while preparing to depart for the Crimea, the peace congress was announced, whose deliberations at Paris were quickly followed by a cessation of hostilities.

Dr. Tueker has recently made a second and more prolonged visit to Europe, accompanied by his family, spending most of his time in Germany, now the medical centre, instead of France, as was the case at the time of his first visit.

Dr. Tucker married, Sept. 5, 1861, Miss Sarah Maria Lang- don, of Westfield, granddaughter of the late Abner Post, Esq., and great-granddaughter of the late Judges Samuel and Syl- vester Gilbert, of Connecticut, a lady peculiarly fitted both by nature and culture for the companionship of a professional man. A bright and promising little boy, adopted by them in 1872, worthily receives their parental care.

Early in his professional career, Dr. Tucker recognized the faet that no man can successfully serve two masters, and con- sequently his whole time has been devoted to the study and treatment of disease, firmly deelining flattering offers of pro- fessorships and official positions, and never indulging in busi- ness pursuits or political aspirations.

Dr. Tueker extends a warm right hand to all educated and

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HISTORY OF THE CONNECTICUT VALLEY.

honest workers in the medical profession, but charlatanry and pretension have ever received from him the severest treatment. Few men in the vigor of early manhood can look back upon the professional experience of a quarter of a century as can the subject of this sketch (now in the prime of life), with that sturdy mental and physical constitution which he inherits from his English ancestors, many of whom have attained dis- tinction in the various professions, in literature and in poli- ties, and whose strong originality of character found in this country perhaps the best representative in the person of Sam- nel Tucker, who was commissioned in the American navy, May 15, 1777 ; commanded the frigate " Boston," in which he conveyed John Adams, minister to France, to his destination in February, 1778; aided in the defense of Charleston, S. C .; and in 1781 took command of the " Thorn," with which he made many prizes, and received the thanks of Congress at the close of the war. He was for several years a member of the Legislatures of Maine and Massachusetts, and in 1812 captured by stratagem a British vessel which had greatly annoyed American shipping.

Dr. Tucker's paternal grandmother was Miss Olive Hart- well, of Stoughton, whose sister, Elizabeth, became the wife of Roger Sherman, one of the signers of the Declaration of In- dependence.

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History of the Connecticut Valley in Massachusetts, with illustrations and biographical sketches of some of its prominent men and pioneers, Vol. II, Part 132

Author: L.H. Everts & Co Publication date: 1879 Publisher: Philadelphia : Louis H. Everts Number of Pages: 896

Author: L.H. Everts & Co
Publication date: 1879
Publisher: Philadelphia : Louis H. Everts
Number of Pages: 896