USA > Massachusetts > Bristol County > Our country and its people; a descriptive and biographical record of Bristol County, Massachusetts > Part 70
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The first structure erected on this site was a stone jail, which was completed and ready for occupancy on Monday, October 5, 1829. This jail was very substantially constructed upon plans embodying the best and safest arrangements for confinement of prisoners then employed in similar institutions. There were thirty-two cells for solitary confine. ment, with apartments for imprisonment of debtors, accommodations for keeper, etc. The yard was inclosed with a high wall, and within the inclosure prisoners were to some extent employed. The appropria- tion for building the jail was $13,236.30.
The New Bedford court house was not completed until 1831, and with the exception of interior improvements, remains the same as when built.
The courts of Bristol county were held in Taunton and New Bedford until 1877. On the 19th of March of that year, as before stated, the justices of the Superior Court were authorized by statute to adjourn certain of the established terms of that court from Taunton or New Bedford to Fall River. To provide accommodations for such courts the county commissioners made the necessary arrangements to occupy a large hall, with adjoining apartments in the new Borden block, which were suitably fitted up and furnished. The court room thus provided was admirably adapted to its purpose and occupied more than ten years. The first session of the court held in Fall River was on June 27, 1877, Hon. P. Emory Aldrich presiding, and was devoted wholly to the dedi- cation ceremonies of the new court rooms. Addresses appropriate to the occasion were delivered by several members of the bar, and a re- sponse was made by the presiding judge.
The present splendid court house in Fall River was erected partly through the efforts of the Bar Association and leading citizens of the city, who secured the passage of a law in 1887, authorizing the County Commissioners to build a new court house at a total cost not exceeding $100,000. In 1888 this sum was increased to $175,000, to which was subsequently added an appropriation of $50,000. The site purchased was the former Richard Borden homestead, fronting 303 feet on North Main street. The building was commenced in 1889, the corner stone being laid on the 8th of August of that year, with appropriate cere- monies. It is of granite backed with brick and is 110 feet in length, 80 feet wide at the ends and 55 wide in the central part. The building contains the court room on the second floor, 48 by 56 feet in dimen- sions, apartments for the clerk of the courts, the grand jury, district
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attorney, witnesses, etc., and in the basement are six substantially constructed cells. On the third floor is the library room, reading rooms, etc. This court house is remarkably well adapted to its pur- poses, and is an honor to the progressive city.
The corner stone of the present splendid court house in Taunton was laid June 30, 1892. The building stands on the site of the former court house, which was removed to its present site fronting on Court street and in rear of the new building. To enlarge the site for the new struc- ture, land adjoining the old site was condemned by the County Commis- sioners under authority of chapter 259, act of 1889. Opposition to this action by owners of the land caused delay; but on September 21, 1891, the contract for the erection of the building was awarded to Beattie & Wilcox, of Fall River, at $198,950. The dedication of the completed court house took place on March 4, 1895. The building is a fine example of architecture, is constructed of granite, its interior perfectly adapted to its purposes, making it one of the noteworthy court build- ings of the State.
PERSONAL NOTES.
In the brief notes in these pages upon the lives of many prominent members of the judiciary and the bar of Bristol county, the editors have not attempted the impracticable task of giving adequate or merited biog- raphies of the many deceased men of eminence in the profession. The list is intended merely as a record for reference, with such few words of comment upon the characteristics of the men as are permissible in the allotted space. Among them were men who would have been distin- guished in any walk of life, who have left imperishable records of honor- able labor on the bench, or of brilliant success in the legal arena and the political field. It is clear from even these brief and imperfect records that the bench and bar of Bristol county, in far past years, was of high character and composed of men of eminent qualities, great average learn- ing in their profession, and natural talents that enabled them to attain high station.'
It is quite definitely settled that the first lawyer in practice in Taun-
1 Comment is frequently heard from lawyers, and particularly from the older ones, upon the general high character and ability of the members of the bar in early years, when compared with those of the present day. Such comparisons are, in fact, wholly unjust to the local bench and bar of these times. The legal profession as a whole has steadily advanced in all respects-in charac- ter, in ability, in courtesy, and in general citizenship; the same is true of the medical profession and of men following other walks in life. Such advancement is the natural outcome of progress- ive civilization, and it would be deplorable were it otherwise.
84
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ton was Samuel White. He was born in Weymouth, Mass., April 2, 1710, and graduated from Harvard College in 1731. He soon afterward received the appointment of sheriff and during his term gave diligent attention to the study of law. About 1739 he appeared in Taunton as a practitioner, and from that time forward the record of his life shows that he was equal to every demand of his profession. In 1744 he was commissioned a justice of the peace for Bristol county, and when Taun- ton became the county seat, in 1746, he was appointed king's attorney of the Court of Sessions, which office he retained until his death. Out- side of his profession he was prominent in public affairs, and served from 1749 to 1753, from 1756 to 1759, and in 1764-5 as representative, and was a member of the Governor's Council in 1767-69. His death took place March 20, 1769.
Robert Treat Paine was a colleague of Mr. White and attained high professional distinction. He was born in Boston March 12, 1731, and graduated from Harvard in 1749. After some years spent in teaching and travel he began the study of law in 1755 and was admitted to the bar in 1757. He began practice in Boston, but removed to Taunton in 1761, and soon his great mental endowment, his profound knowledge of the law, and his thoroughness in practice brought him a large busi- ness. In 1770 the prosecution of Captain Preston and others for the Boston massacre was conducted by him with great ability. With the breaking out of the Revolution he warmly espoused the cause of the colonists and won immortality as one of the signers of the Declaration of Independence. In 1779 he was a member of the State Constitutional Convention and was a member of the committee which prepared the draft of the constitution. In 1777, upon the acceptance of the consti- tution, he was made the first attorney general of the State, an office which he retained thirteen years, when he was appointed one of the justices of the Superior Court; this high office he held fourteen years and resigned. He was a delegate to the first Congress in 1774, and was afterwards repeatedly elected to that office. In 1777 he took a seat in the Legislature by vote of both houses, and many other high positions were tendered him, in all of which he demonstrated his pos- session of the highest qualifications.
Upon the death of Samuel White the court appointed Daniel Leonard king's attorney. This man is described by John Adams as " a scholar, a lawyer, and an orator, according to the standard of those days. As a member of the House of Representatives, even down to the year 1770,
Roor firar Paince
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he made the most ardent speeches in that House against Great Britain, and in favor of the colonies. His popularity became alarming. Not another lawyer in the province, of whatever age, reputation, or station, presumed to ride in a coach or chariot." As against this opin- ion it is recorded that later in life Mr. Leonard became a decided loy- alist; this rendered him unpopular in Taunton and he removed to Boston. In 1776 he went to England and was appointed chief justice of Bermuda; there he died June 27, 1829.
Seth Padelford, LL.D., was a leading member of the early Bristol county bar and a native of Taunton, were he was born in December, 1751. He graduated at Yale College in 1770. He at once turned his attention to the study of law, probably with Timothy Ruggles, of Hardwick, as Mr. Padelford began practice in that place. He opened an office in Taunton early in the Revolutionary period, 1775-6. He espoused the cause of the colonists and in 1776 was appointed attorney- general of the county (an office now known as district attorney). In 1777 he purchased the homestead formerly occupied by Daniel Leon- ard. In 1783 he was appointed county treasurer, and in 1794 was ap- pointed judge of probate, which offce he held sixteen years and until his death in 1810. He was very highly esteemed as a member of the bar.
Marcus Morton, LL. D., was one of the most distinguished citizens of the Commonwealth. He was born in Freetown, Mass., February 19, 1784. He graduated from Brown University in 1804, and began the practice of law in Taunton in 1707. Besides gaining prompt recog- nition at the bar, he gave considerable attention to politics, adhering to Democracy during his life. - In 1811-12 he served as clerk of the State Senate. From 1817 to 1821 he was a member of congress and shared in discussing the Missouri Compromise. In 1823 he was a member of the Executive Council. In 1824 he was elected lieutenant- governor and re-elected. In the same year he was appointed to the bench of the Supreme Court and took his seat July 5, 1825. He was elected governor by the people in 1839 and by the Legislature in 1842. On May 1, 1845, he was made collector of the port of Boston, holding the office four years. He evinced active sympathy with the Free Soil movement in 1848, and in 1853 was a delegate to the Constitutional Convention. In 1858 he was again sent to the Legislature. In all of these public stations Governor Morton found eminent favor in the eyes of his fellow citizens and discharged his many duties with honor to
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himself and for the welfare of the Commonwealth. For several years he was one of the overseers of Harvard University. His death took place on Februay 6, 1864.
Nathaniel Morton, son of Gov. Marcus Morton, was born December 3, 1821, in Taunton, and died February 12, 1856, giving only about ten years of his short life to the profession which he honored. He gradu- ated from Brown University in 1840 and from the Harvard Law School in 1843. Beginning practice in his native town, he soon attained high rank. It was said of him by one who knew him well, that he " had in its strictest sense a legal mind. He grasped the essential points of a case instinctively and presented them with a smooth, easy, insinuating address that was exceedingly effective." His early death took from the Bristol county bar one whose future was most promising.
James Brown was born in Swansea, September 19, 1828, and after obtaining an academic education, entered Brown University and grad- uated in the class of 1850. In college he was an intimate friend and room mate of John S. Brayton, of Fall River. Mr. Brown was admitted to the bar in 1852. He was honored by his fellow citizens with a seat in both houses of the Legislature, and afterwards served honorably in the war of the Rebellion, coming out with rank of major. His profes sional life in Taunton extended over a period of more than forty years, and he was numbered among the more successful in his profession. He died February 19, 1893.
Chester Isham Reed was born in Taunton November 25, 1823, and was a son of William and Elizabeth Deane (Dennis) Reed. He was educated in Bristol Academy and Brown University, his college course being cut short by adverse circumstances of his father. His law study was pursued in Gardiner, Me., completing which he returned to Taunton and began practice. For a year or more he acted as editor of the Old Colony Republican. In 1848 he became partner with Anselm Bassett, the register of probate, and the firm of Bassett & Reed for fifteen years bore an excellent reputation. At the age of twenty-six years Mr. Reed represented Taunton in the Legislature and in 1858 and again in 1862 he served in the State Senate. In 1864 he was elected attorney general by the Republicans, which position he held until his appointment to the Superior Court in 1857. At this time he removed to Dedham, where he passed most of the remainder of his life. He resigned the judge- ship in 1870 and thereafter devoted himself to his profession. He died September 3, 1873.
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Henry Williams was a distinguished member of the local bar and a descendant of Richard Williams, one of the first settlers of Taunton. He graduated from Brown University in 1826, and became an enthu- siastic and persistent student of law. He became eminent as a chamber counsel, gaining the whole confidence of his clients, and always dis- couraging litigation where compromise was possible. In 1833 he was a member of the House of Representatives and in 1835-6 he was in the Senate. He represented his district in the Twenty-sixth and Twenty- eighth Congresses, and in 1851 was appointed register of probate. As a public citizen he was prominent and highly respected.
David Leonard Barnes practiced law in Taunton from 1783 to 1793, when he removed to Rhode Island and was there appointed district judge of the United States Court. Mr. Barnes was a son of Rev. Da- vid Barnes, a minister of Scituate, and graduated from Harvard Col- lege in 1780. It was in his office that Judge S. S. Wilde, the distin- guished jurist, studied law in 1789. Mr. Barnes died in 1812.
Nicholas Tillinghast was prominent in the bar of Taunton in the early years of the present century. He was son of Judge Nicholas Tillinghast, of Providence, and received the honorary degree of M. A. from Brown University in 1793 and from Harvard in 1807.
James Ellis was born in Franklin, Conn., May 23, 1769, graduated from Brown University in 1791, and studied law in Providence and in Taunton with Judge Padelford. He opened an office in what is now Seekonk and obtained a lucrative practice. Three times before 1820 he was chosen senator from this county; in that year he was appointed county attorney and settled in Taunton, where he passed nearly all of the remainder of his life.
Horatio L. Danforth, son of William, was born in 1801, graduated from Brown University in 1825, and studied law with Francis Baylies. He served twelve years, 1829-41, as county treasurer, and was ap- pointed high sheriff in 1844.
A few others of the prominent members of the bar of Tauton have already been noticed, and many who have been prominent in more recent years are sketched in Part II of this volume.
Asking the reader's attention to the old town of Dartmouth and the city of New Bedford, it is found that soon after the formation of Bristol county, and in 1690, Seth Pope was appointed the first justice of the peace of Dartmouth. It is probable that some of the duties of this office had previously been performed by some specially chosen person.
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On May 27, 1692, Governor Phipps appointed justices of the peace for Bristol county as follows: John Saffin, of Bristol; John Brown, of Swan- sea; Thomas Leonard, of Taunton; Joseph Church, of Little Compton ; Seth Pope, of Dartmouth. The latter held the office by renewed ap- pointments until 1717, and was also selectman about seven years. Thomas Taber was a justice of the peace of the old town, appointed June 29, 1702, and held the office of selectman. The third justice was Samuel Willis, appointed June 7, 1826, and held the office many years. On April 18, 1749, he was appointed justice of the County Court of Common Pleas, his associates at that time being Seth Williams, of Taunton; George Leonard, of Norton, and Ephraim Leonard, of what is now the town of Mansfield. He died October 3, 1763, and is buried in the old cemetery of Acushnet.
One of New Bedfard's earliest county judges was Edward Pope, who was born February 25, 1740, and died June 10, 1818. He was a prom- inent citizen in the early history of the village and much respected for his learning and ability. He also held the position of collector of cus- toms for that district. Aside from being active in politics, he was esteemed for his social qualities.
Timothy Gardner Coffin was born in Nantucket in 1790, was educated in Brown University, studied law, and was admitted to the bar in 1811. He began practice in New Bedford and soon gained a wide and enviable professional reputation. He never held public office, preferring to de- vote his entire energies to the profession he had chosen. He died Sep- tember 19, 1854.
Lemuel Williams was a New Bedford lawyer of marked ability and was in practice during the first quarter of the present century. In 1828 he was associated with Charles H. Warren. Subsequently this partnership was dissolved and Mr. Williams removed to Worcester. Mr. Warren, just mentioned, was an early and brilliant lawyer and held the office of district attorney several years prior to 1836. He was sub- sequently appointed judge of the Court of Common Pleas (see list of officials). Upon his retirement from the bench he was elected presi- dent of the Boston and Providence Railroad and filled the position until his death.
John S. Russell was born in 1797 and studied law with Lemuel Will- iams in New Bedford. After his admission to the bar he began prac- tice in Taunton, but later returned to the former place and there con- tinued in practice until his death in 1834. He was noted for his knowl- edge of law and his unquestioned integrity.
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Harrison Gray Otis Colby was born in Hallowell, Me., in 1807. He became a student in Brown University in the class with John H. Clif- ford, afterwards governor of Massachusetts, and graduated in 1827. At the time of his admission to the bar he took up his residence in Taunton, but subsequently (1838) removed to New Bedford and at- tained a high professional standing. He was appointed judge of the Court of Common Pleas in 1845 and made a very successful jurist; but the office was not satisfactory to his tastes and he resigned it in 1847. He was appointed district attorney in 1849 and held the office till 1851. In 1838 he represented Taunton in the Legislature and New Bedford in 1841 and 1843. He was a ready writer and gained considerable lit- erary reputation. His death took place in New Bedford February 21, 1853.
Thomas Dawes Eliot was born in Boston March 20, 1808, and grad- uated from Columbia College in 1825. His legal study was finished in New Bedford with Judge Charles A. Warren, with whom he formed a partnership at his admission to the bar. After Mr. Warren was elevated to the bench, Mr. Eliot's business became very large and his professional standing high. He was celebrated in the litigation between the de- nomination of Friends, where the title to Quaker meeting-houses in Massachusetts and Rhode Island was in question, and other causes of great importance. He served in the House of Representatives and the Senate. In 1854 he was elected to an unfinished term in Congress and aided in the organization of the Republican party in 1855. He de- clined a unanimous nomination for the office of attorney-general of the State, after which he was again elected to Congress serving till 1869. He died June 14, 1870.
John Ham Williams Page was a New Bedford attorney who gained a more than respectable position at the bar. He was born in Gilman- ton, N. H., and graduated from Harvard College in 1826. After hav- ing charge of the Friends Academy until 1829 he resumed law study in the Dane Law School, Cambridge. He was admitted to the bar in June, 1832, and began practice in New Bedford, where he soon acquired a high reputation especially for his wise and successful application of the law to business affairs. He subsequently removed to Boston.
Joshua Clapp Stone was born in Boston August 28, 1825, graduated from the Dane Law School and studied law in New Bedford with J. H. W. Page, beginning in 1846. In 1853 he became associated with Lin- coln Flagg Brigham and the connection continued until the elevation
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of the latter to the bench. After a period spent in Boston Mr. Stone became a partner with William W. Crapo, which continued until his death January 2, 1869. He was at one time justice of the Court of In- solvency for Bristol county, and was in the Legislature in 1866-7.
John Mason Williams was born in Taunton June 24, 1780, and grad- uated from Brown University in the class of 1801. He studied law with Seth Padelford and began practice in New Bedford in 1804. In 1816 he returned to Taunton. He was appointed associate justice of the Court of Common Pleas and upon the death of Chief Justice Ward, in 1839, was named his successor. This position he held until 1844, when he resigned, and went to Boston to reside. In 1856 he retired from active life and returned to New Bedford where he died December 28, 1869. "He was known as an honest man, true and steadfast to his convictions, devoted to his profession and as a judge was held in the highest esteem by the ablest men of the bar."
John Henry Clifford was born in Providence, January 16, 1809, and graduated from Brown University in 1827. He was admitted to the bar in 1830 after completing his legal study under direction of Timothy G. Coffin in New Bedford, and Theron Metcalf at Dedham. Mr. Clif- ford practiced his profession in New Bedford from the time of his ad- mission until his death. During that period he had as successive part- ners, Timothy G. Coffin, H.G.O. Colby and Lincoln F. Brigham. His first appearance in public life was as representative of New Bedford in the Legislature. In 1836 he became one of the aides de-camp of Gov- ernor Everett, and before the latter went out of office in 1840 he ap- pointed Mr. Clifford district attorney for the Southern district, an office which he filled with marked ability, for nearly ten years. In the mean time, in 1845, he was elected to the State Senate. In 1849 he was ap- pointed attorney general of the State, and in the following year was engaged in that most memorable trial of Prof. John W. Webster for the murder of Dr. George Parkman. In 1852 the Whig party nomi- nated him for governor of the State, and although he received nearly 25,000 more votes than either of the opposing candidates he was not elected by the people. When the Legislature met he was chosen to the office by both branches and was inaugurated January 14, 1853. He declined a renomination and his successor called him to his former office as attorney-general, which he held until 1858. In 1862 he ac- cepted an election to the State Senate and was chosen president of that body. In 1867 he accepted the position of president of the Boston and
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Providence Railroad Company. Besides these public stations Gov- ernor Clifford was honored with numerous positions of honor and trust. After a brief visit to Europe in quest of renewed health, Governor Clifford died in New Bedford just after his return on January 2, 1876.
The following tribute to Governor Clifford was offered by a dis- tinguished statesman of Virginia (the Hon. Alexander H. H. Stuart) when his death was announced at the annual meeting of the Peabody trustees at the White Sulphur Springs, in Virginia, in August, 1876:
There was a quiet dignity and grace in every movement, and his countenance beamed with intelligence and benignity. To a mind of great power he united a heart which throbbed with generous impulses, and a happy facility of expression which gave a peculiar charm to his conversation. There was a frankness in his bearing and a genial urbanity about him which at once commanded confidence and inspired good will. Every one who approached him felt attracted by a species of personal magnetism which was irresistible.
George Marston was born in Barnstable, October 15, 1828. He studied law in the Harvard Law School and was admitted to the bar in 1845. When he settled in New Bedford in 1869 he had already ac- quired distinction as a lawyer through his incumbency of the office of district attorney for the Southern district, and upon the death of Joshua C. Stone, of the firm of Stone & Crapo, Mr. Marston formed the firm of Marston & Crapo. Mr. Marston was register of probate in Barnstable county in 1853-54 and judge of probate from 1854 to July, 1858. From 1860 to 1869 he was district attorney for the Southern district ; this position he resigned upon his election as attorney general in 1879. He declined a renomination for the latter office in 1882, and from that time devoted himself to his profession. He died at his res- idence in New Bedford Angust 14, 1883.
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