USA > Massachusetts > Suffolk County > Professional and industrial history of Suffolk County, Massachusetts, Volume I > Part 12
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HISTORY OF THE BENCH AND BAR.
in the office of Mr. Paine, 1789; Josiah Quincy in the office of Mr. Tu- dor, 1790; Nathaniel Fisher in the office of Mr. Robbins, 1790; Eben- ezer Gay in the office of Mr. Gore, 1790; James Prescott, jr., in the of- fice of James Sullivan, 1790; Samuel Haven in the office of Mr. Ames, 1790; William Sullivan in the office of James Sullivan, 1792; John Williams in the office of Mr. Otis, 1792 ; John Ward Gurley in the of- fice of Mr. Lowell, 1796, provided his literary qualifications are found satisfactory on examination by Messrs. Minot, Otis and Quincy, he not having received a college education ; Samuel A. Dorr in the office of Judge Sullivan, 1797; John Heard and Benjamin Wood in the office of John Davis ; Holder Slocum, jr., in the office of George Richards Minot ; Nicholas Emery in the office of Samuel Livermore, 1798; Charles Pinckney Sumner in the office of Judge Minot, 1798 ; Richard Sullivan in the office of William Sullivan, 1798; Humphrey Devereux in the of- fice of Mr. Lowell, 1798; Thomas Paine and Thomas O. Selfridge in the office of Mr. Paine, 1799; Artemas Sawyer in the office of Mr. Gay, 1799 ; William Hyslop Sumner in the office of John Davis, 1799; Henry Cabot in the office of Mr. Amory, 1800; Nathaniel Sparhawk in the office of George Blake; Charles Lowell in the office of Mr. Lowell, 1800; Luther Richardson in the office of Mr. Paine, 1801 ; David I. Greene and Mr. Skinner in the office of William Sullivan, 1800; George Sulli- van in the office of James Sullivan, 1800; Warren Dutton in the office of Mr. Lowell, 1800; Alpheus Baker in the office of Mr. Lowell, 1801; Samuel Mather Crocker in the office of Mr. Gray, 1801 ; Lemuel Shaw in the office of Mr. (David) Everett, 1801 ; John Knapp and Thomas Welsh in the office of John Davis, 1801 ; Arthur M. Walter, Benjamin Wells and William Smith Shaw in the office of Mr. Otis, 1801; John Codman and James Elliott in the office of Mr. Lowell, 1802; Timothy Fuller in the office of Charles Paine, 1802; Timothy Boutelle in the of- fice of Mr. Gay, 1802; David Bradley in the office of Mr. Heard, 1802; Aaron Emmes in the office of Mr. Everett, 1802; James T. Austin in the office of William Sullivan, 1802; William Minot in the office of Jo- seph Hall, 1803.
In the case of Holder Slocum, jr., which was referred to Messrs. Ed- wards, Davis and Gray, in order that he might be examined as to his literary qualifications, he not having received a collegiate education, the
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INTRODUCTORY CHAPTER.
committee reported " that they find Mr. Slocum has so far attended to the Latin language that a moderate degree of attention and practice will probably enable him to render it sufficiently familiar for the purposes of his intended profession. He has paid no attention to the Greek, and has not been sufficiently instructed, in the opinion of your committee, in logic, metaphysics and mathematics. He has read some approved wri- ters in history, and has attended considerably to the French language.
"It is the opinion of the committee that on his remaining in an office three years from the present time, with an attention for part of the time, under the direction of his instructors, to history and metaphysics, and oc- casionally to the Latin language, it will be proper, at the expiration of that period, if he continues the assiduity and attention which he has hitherto manifested, to allow of his admission to the bar."
Others recommended to be sworn as attorneys besides those already mentioned were Josiah Quincy, 1772; Nathaniel Coffin, 1773; Increase Sumner, Benjamin Hichborn, William Tudor, Jonathan William Austin, John Bulkley, Perez Morton, 1774; Christopher Gore, Samuel Dag- get, 1778; Jonathan Mason, 1779; Royal Tyler, Thomas Dawes, James Hughes, 1780 ; Benjamin Lincoln, Jonathan Fay, Fisher Ames, Rufus Amory, George R. Minot, 1781 ; David Leonard Barnes, 1783; Thomas Edwards, John Thaxter, Joseph Hall, Edward Sohier, Edward Walker, 1784; Edward Gray, 1785; Samuel Quincy, John Rowe, Harrison Gray Otis, 1786; Fortescue Vernon, Thomas Williams, 1787; John Merrick, Joseph Bartlett, Thomas Crafts, 1788; John Lowell, jr., Isaac Parker, William Ly man, Samuel Andrews, Joseph Blake, 1789 ; Phineas Bruce, William Cranch, 1790; James Prescott, jr., 1791 ; George Blake, Robert Paine, 1792; John Callender, Josiah Quincy, Francis Blake, Joseph Rowe, 1793; William Sullivan, John Williams, 1795; Isaac Story, 1796; William Thurston, 1797 ; Ezekiel Bacon, Samuel A. Dorr, John Heard, Foster Waterman, 1798 ; Charles Davis, Charles Cushing, Jotham Bender, John W. Gurley, 1799; Holder Slocum, jr., Richard Sullivan, Humphrey Devereux, Nathaniel Sparhawk, Artemas Sawyer, Thomas Paine, 1801 ; Arthur M. Walter, 1802 ; Warren Dutton, Aaron H. Putnam, Israel Munroe, Benjamin Wells, John Knapp, 1803 ; Thomas Welsh, jr., George Sullivan, 1804.
15
114
HISTORY OF THE BENCH AND BAR.
Among the votes passed by the association were the following :
" That in all cases when a gentleman shall be proposed as a student, who has not had a college education, he shall always undergo an ex- amination by a committee appointed by the bar previous to his admis- sion as a student."
" That all students of colleges out of the State be not admissible to the bar, until they shall have studied one year longer than those edu- cated at Harvard University."
" That no student be recommended to the Court of Common Pleas for admission without having studied within the county one year at least of his time."
" That the sum to be paid by a student at law to his instructors shall be one hundred pounds lawful money at least."
The above matter relating to the old Bar Association is taken from the "Record Book" of the association in the possession of the Massa- chusetts Historical Society, which readers may find more fully described in the nineteenth volume of the proceedings of the society. The entries close with 1805, but the writer has reason to believe that the associa - tion continued until 1836, when the enactments in the revised statutes seemed to render its existence no longer necessary.
After the dissolution of the old association, no other was formed in Suffolk county until 1875. On the 20th of October in that year, Joseph A. Willard, clerk of the Superior Court, was requested by Sidney Bart- lett, William Gaston, Henry W. Paine, Ebenezer Rockwood Hoar, Jo- siah G. Abbott, Edward D. Sohier, and thirty-one others, to call a meeting of the signers to consider the formation of a bar association. A meeting was held in the first session Superior Court-room on the 20th of February, 1876, at which Sidney Bartlett presided, and Albert E. Pillsbury acted as secretary. A committee consisting of the pres- ident and secretary, together with Charles Theodore Russell, Walbridge A. Field, Seth J. Thomas, and John D. Long, was chosen to report a plan of organization. On the 27th of May a constitution was adopted, and on the 10th of June the following officers were chosen : President, Sidney Bartlett; vice-presidents, Henry W. Paine, William Gaston, William G. Russell; treasurer, Richard Olney; secretary, Albert E. Pillsbury ; executive committee, Ebenezer Rockwood Hoar, Horace
. Burdett
115
INTRODUCTORY CHAPTER.
C. Hutchins, Gustavus A. Somerby, Robert M. Morse, jr, Henry M. Rogers; judicial committee, Richard H. Dana, jr., Charles R. Train, Seth J. Thomas, George O. Shattuck, Walbridge A. Field, Robert D. Smith, Thomas L. Livermore, J. Lewis Stackpole, Samuel A. B. Ab- bott, Moses Williams, jr.
The constitution provided for a council, consisting of the president, vice-president, treasurer, and secretary, ex-officio, and twenty- one others, divided into classes of seven each, one of which was to be chosen an- nually for a term of three years, who were to have the sole and entire management of the association and of its income and property, and in 1885 the number of vice-presidents was reduced to one, and the execu- tive committee and judicial committee were abolished. The present of- ficers are : President, John Lowell ; vice- president, Richard Olney ; treasurer, C. P. Greenough ; secretary, Robert Grant; council, William G. Russell, George O. Shattuck, Augustus Russ, Solomon Lincoln, Causten Browne, Moses Williams, chosen in 1891; Henry W. Putnam, Henry M. Rogers, A. Lawrence Lowell, Joseph B. Warner, Charles T. Gallagher, Frederick Dodge, chosen in 1890; Lewis S. Dabney, Albert E. Pillsbury, John C. Ropes, Moorfield Storey, Samuel Hoar, Clement K. Fay, Edward W. Hutchins, chosen in 1889.
With this slight reference to the present Bar Association, this intro- ductory chapter must close. The writer is aware of the inadequacy of his treatment of the subject to which it relates, but he trusts that the limited space at his command will be considered at least a partial ex- cuse.
Biographical Register
OF THE
BENCH AND BAR.
C HARLES L. ABBOTT, son of Levi and Harriet E. Abbott, was born in Boston, October 6, 1856, and educated at its public schools. He prosecuted his law stud- ies with Josiah W. Hubbard, a member of the Suffolk Bar, and was admitted to the bar in Boston in 1880. He married, January 15, 1891, Anna E. Pierce, and lives in Ar- lington.
THOMAS COFFIN AMORY was the son of Jonathan and Mehitable (Sullivan) Amory, of Boston, and was born in that city October 16, 1812. His mother was a daughter of Governor James Sullivan. He attended the Round Hill School at Northampton, and was fitted for college in Boston by Charles Chauncey Emerson and Louis Stackpole. He graduated at Harvard in 1830 and after studying law with his uncle, William Sul- ivan, was admitted to the bar in Boston in January, 1834. He was a member of the Boston Common Council from 1836 to 1841, an alderman at various times, and a rep- resentative in 1859. He published a memoir of James Sullivan in 1858, " The Military Services and- Public Life of General John Sullivan " in 1868, and at various times " The Transfer of Erin, or the Acquisition of Ireland by England," the " Life of Admiral Coffin," the "Siege of Newport," and numerous pamphlets and poems. He died in Boston August 20, 1889.
THOMAS JOHNSTON HOMER was born in Roxbury before it was annexed to Boston, and is the son of Thomas Johnston and Mary Elizabeth (Fisher) Homer. He was fitted for college at the Roxbury Latin School and graduated at Harvard in 1879. He studied law at the Dane Law School in Cambridge, and in the office of Arthur Lincoln and William S. Hall, in Boston, and was admitted to the bar of Suffolk county in Jan- uary, 1883. He lives unmarried in Roxbury, and is one of the examining counsel of the Conveyancer's Title Insurance Company.
ADIN BALLOU UNDERWOOD was born in Milford, Mass., May 19, 1828. His ancestors came to this country before 1637 and lived in Hingham, from whence subsequently they removed to Watertown. His father was Orison Underwood, who was brigadier- general of the militia, and his mother was Miss Hannah Bond Cheney. He attended the University Grammar School, Providence, R. I., and graduated from Brown Univer- sity in 1849, standing with James B. Angel, now president of Ann Arbor University,
118
HISTORY OF THE BENCH AND BAR.
at the head of his class. He studied law with Hon. Charles R. Train at Framingham, and afterwards with Hon. Benjamin F. Thomas of Worcester, and subsequently at the Law School of Harvard University, which he left to go abroad and study in the uni- versities of Berlin and Heidelberg. He was admitted to the bar October 10, 1853, in the Supreme Judicial Court at Worcester, Mass., and began the practice of law in his native town of Milford. Soon after this he took as his partner, H. B. Staples, after- wards judge on the Superior Bench. In 1856 he left Milford and formed a partnership at Boston with Charles R. Train with whom he practiced law until the breaking out of the war. He was married June 5, 1856, at Newton, to Miss Jane L., daughter of Joseph and Hannah T. Walker. On April 29, 1861, he aided in the enlistment of a regiment of Massachusetts Volunteers and in the following month received a commis- sion as captain in the Second Regiment then being raised by George H. Gordon at Brook Farm. In July, 1862, he became major in the 33d Massachusetts Regiment and in July of the same year was commissioned lieutenant-colonel. After the resignation of Colonel Maggi, in April, 1863, he was commissioned as colonel of this regiment and was in command at the battle of Gettysburg. Joining the army of the Cumberland with his regiment, he took part in the battle of Lookout Mountain, Missionary Ridge, October 28, 1863, and in a desperate charge up the mountain was badly wounded in his right thigh. General Hooker, in his official report of this battle, says: "Colonel Underwood was desperately wounded. If only in recognition of his meritorious serv- ices, his many martial virtues and great personal worth, it would be a great satisfaction to me to have this officer advanced to the grade of brigadier-general." The recommend- ation of General Hooker was immediately complied with and he was commissioned as brigadier-general of volunteers, November 6, 1863. His wounds, which made him a cripple for life, were slow in healing, but upon his recovery he again went into active service and was present at the grand review in Washington when the army was dis- banded. Upon his resignation from the army in 1865, he was breveted major-general "for meritorious service during the war," and on his return to Boston, in 1866, was appointed surveyor of that port, which position he held continuously until Angust, 1886. From 1856, when he began the practice of law in Boston, until 1886, he was a resident of Newton, but upon leaving the custom house, he removed his residence to Boston and resumed the practice of law, associating with him his son, William Orison Underwood. About a year and a half after this, upon January 14, 1888, he died at his home in Boston, at the age of fifty-nine years and seven months, leaving a widow, one son and two daughters. General Underwood spent a large part of his time in literary pursuits, gave occasional addresses upon the war and was the author of the bis- tory of the 33d Massachusetts Regiment. He was a prominent Freemason, was de- partment commander of the Grand Army of the State of Massachusetts in 1873. During Governor William Claflin's term of office he was chief of staff. While a resi- dent of Newton he served in the town government as chairman of the School Com- mittee, was a warden of Grace Church and was one of the original trustees of the Public Library.
JOHN LEWIS BATES, the son of Lewis B. and Louisa D. Bates, was born in North Easton, Mass., September 18, 1859. He was educated at the Boston Latin School,
BIOGRAPHICAL REGISTER.
Boston College, and the Boston University Law School. He graduated from the last in 1885 and in September of that year was admitted to the bar in Boston. He has been in 1891 and 1892 a member of the Boston Common Council and makes East Boston his place of residence. He married at Jamestown, N. Y., July 12, 1887, Clara Elizabeth Smith.
CHARLES CLARENCE BARTON, son of Pliny I. and Mary A. Barton, was born in Salis- bury, Conn., September 14, 1844. He was educated at the Amenia University, Amenia, N. Y., Trinity College, and the Boston University Law School. He was admitted to the bar in Middlesex county in April, 1873, and lives in Newton, in which place he has been president of the Common Council and School Board. He married Emma C. Drew in Boston, August 24, 1870.
FRANCIS BASSETT, son of William and Betsey (Howes) Bassett, was born in that part of Yarmouth, Mass., which is now Dennis, September 9, 1786. He was fitted for col- lege at the Sandwich Academy and graduated at Harvard in 1810. He studied law with Luther Lawrence and Timothy Bigelow and was admitted to the Common Pleas bar September 28, 1813, and the Supreme Court bar March 6, 1816. He was a representative from Boston in 1818, '19, '20, '24, '28, '29 and an overseer of Harvard College from 1853 to 1863. He was appointed in 1830 clerk of the United States Circuit Court for the second circuit and of the United States District Court. In 1845 he resigned and trav- eled in Europe. He married, December 8, 1858, Francis (Cutter) Langdon, widow of Woodbury Langdon, of Portsmouth, N. H., and daughter of Jacob and Miriam (Cross) Cutter, of that city. He died in Boston, May 25, 1875.
WILLIAM BRIGHAM, son of Charles and Susanna (Baylis) Brigham, was born in Graf- ton, Mass., September 26, 1806. He was fitted for college at Leicester Academy in a single year, and graduated at Harvard in 1829. After graduation he read law in Boston with George Morey, and was admitted to the Suffolk bar in October, 1832, and soon had a sufficient amount of professional employment. He was a representative from Boston in 1834, 1835, 1836, 1841, 1849, and 1866. In 1856 he was a member of the Republican Convention at Philadelphia, and on the 29th of April, 1835, he delivered the centennial address at Grafton, which was published. In 1836 he was selected by Governor Everett to compile and edit the laws of Plymouth Colony, published in the same year. For many years before his death he lived in the summer season in the old homestead at Grafton, and devoted himself with much zeal to agricultural pursuits. Several of his addresses before agricultural societies have been published. He married, June 11, 1840, Margaret Austin Brooks, daughter of Isaac and Mercy (Tufts) Brooks, of Charlestown, His children are William Tufts, born May 24, 1841 (H. C. 1862) ; Charles Brooks, born January 17, 1845 (H. C. 1866); Edward Austin, born February 23, 1846; Mary Brooks, born December 26, 1851; Arthur Austin, born June 8, 1857. He died in Boston, July 9, 1869. In 1853 he was chosen a member of the Massa- chusetts Historical Society, and was one of the most useful and valuable members of that body. His knowledge of the early history of Massachusetts was accurate and extensive. A lecture by him, delivered January 19, 1869, on the colony of New Ply-
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HISTORY OF THE BENCH AND BAR.
month and its relations to Massachusetts, -one of a course before the Lowell Institute, by members of the Historical Society, and published in a volume called " Massachusetts and its Early History,"-is highly ereditable both to his research and insight. Mr. Brigham had a large practice, was a sound lawyer, a safe adviser, and enjoyed in a high degree the confidence and attachment of his clients.
GEORGE MINOT, son of Stephen and Rebecca (Trask) Minot, was born in Haverhill, January 5, 1817. His father was judge of the Circuit Court of Common Pleas, county attorney of Essex, and died in 1861. He fitted for college at the Haverhill Academy and the Phillips Academy, and graduated at Harvard in 1836. He studied law at the IHarvard Law School and in the office of Rufus Choate and was admitted to the bar in Boston, April 15, 1839. He was solicitor of the Boston and Maine Railroad Company, the editor of a "Digest of the Decisions of the Supreme Judicial Court of Massachu- setts," associate editor and editor of the United States Statutes at large, associate re- porter of the decisions of Levi Woodbury in the first circuit of the United States Court, and editor of nine volumes of English Admiralty Reports. He married first in 1844, Emily P., widow of Dr. Richard Ogle, of Demerara, and daughter of Dr Gallup, formerly of Woodstock, Conn .; and second, November 21, 1853, Elizabeth, daughter of Judge Thomas Dawes. He died in Reading, Mass., April 16, 1858.
WILLIAM HENRY MILLER, son of William and Annie Miller, was born in York county, Me., January 20, 1834. He was educated at Limerick Academy, in Maine, and studied law with I. S. Kimball, at Sanford, Me. He was admitted to the bar of York county about 1866, and in Middlesex county, Mass., about 1868. He married at San- ford in 1868, Emily M. Kimball, and resides in Melrose.
JOHN W. McKin was born in Boston, November 25, 1822. He graduated at Union College, and after studying law in the office of Dent & Grammer in Washington, began practice in that city. He was a member of the Washington City Council in 1850. He afterwards moved to Ohio and was at one time district attorney of Defiance county in that State. In the war he was captain and brevet-major, and for a time stationed in Boston in the quartermaster's department. He was admitted to the bar in Boston -
April 8, 1867, and in 1870 and 1871 was a representative. In 1874 he was appointed by Governor Talbot judge of the Municipal Court in the West Roxbury district, and in March, 1877, was appointed judge of Probate and Insolvency for Suffolk county, which office he now holds.
HORACE MANN was born in Franklin, Mass., May 4, 1796, and died in Yellow Springs, O., August 2, 1859. He graduated at Brown University in 1819, and after studying law at the law school in Litchfield, Conn., was admitted to the bar in 1823, and in the Suffolk county Supreme Judicial Court January 13, 1826. He began practice in Dedham, and was a representative from that town from 1828 to 1833. In the latter year he moved to Boston, and represented Suffolk county in the Senate from 1834 to 1837, the last two years officiating as its president. From 1837 to 1848 he was secretary of the Massachusetts Board of Education. In 1848 he was chosen representative to Congress
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121
BIOGRAPHICAL REGISTER.
as the successor of John Quincy Adams, and served until 1852, when he was chosen president of Antioch College, which office he filled until his death.
CHARLES RUSSELL LOWELL, born October 30, 1807, was the eldest son of Rev. Dr. Charles Lowell (H. C. 1800). IIis mother was Harriet Brackett Spence, daughter of Keith Spence and Mary Waill, of Portsmouth, N. H. After graduating at Harvard in 1826, he studied law at the law school in Northampton, and in the office of Mr. Charles G. Loring in Boston. He was admitted to the Suffolk bar at the October term of 1829. In about four years he abandoned the legal profession, and went into business. Prov- ing unsuccessful in this, he found employment in the Boston Athenaeum, where he passed the last eighteen years of his life, and where his services were greatly prized. He died of apoplexy, while on a visit to Washington, D. C., June 23, 1870. He married, April 18, 1832, Anna Cabot, daughter of the late Patrick T. Jackson, of Boston. They had four children, viz., Charles Russell Lowell, jr. (H. C. 1854), dis- tinguished as a scholar in college, and afterwards the renowned cavalry officer in the war of the Rebellion ; James Jackson Lowell (H. C. 1858), and the first scholar in his class, and an officer who died nobly in the service of his country; and two daughters.
THORNTON KIRKLAND LOTHROP, a descendant from Rev. John Lothrop, who came from England in 1634, and settled first in Scituate, and afterwards in Barnstable, is the son of Samuel Kirkland Lothrop, LL.D., of Boston, and Mary Lyman (Buckminster) Lothrop, was born in Dover, N. H., June 3, 1830. He was fitted for college at the Boston Latin School and graduated at Harvard in 1849. He studied law at the Har- vard Law School and was admitted to the bar in Boston, June 20, 1853. He was a representative in 1859, and assistant United States district attorney from April, 1861, to July, 1865, and was a member of the State Board of Health in 1886 and 1887. He married, April 30, 1866, Anna M., daughter of Samuel and Ann (Sturgis) Hooper, and resides in Boston.
. EDWARD P. LORING, son of Ira and Betsey Loring, was born in Norridgewock, Mass., March 2, 1837. After graduating at Bowdoin College, he studied law in the office of Stephen D. Lindsey of Norridgewock and at the Albany Law School, and was admitted to the bar in Somerset county, Me., in April, 1861, and in Suffolk county, Mass., April 14, 1868. In Fitchburg, where he has his residence, he has been clerk and special justice of the Police Court and was a representative from 1872 to 1874. He was a member of the Senate in 1883 and 1884, and is now with an office in Boston acting as controller of county accounts by appointment of the governor. He married in Waterville, Me., July 15, 1868, Hannah M. Stark
ISAAC NEWTON LEWIS, son of William and Judith M. (Whittemore) Lewis, was born in Walpole, Mass., December 25, 1848. There were then no free high schools, and in his town no opportunities to obtain any thing beyond a common school education. After teaching a year in a private high and classical school, he entered the Eliot High School, in Boston, assisting the head master in the preparation of young men for col- lege, and entered Harvard College in the class of 1873, and graduated with the degree of A. B. On graduation he went abroad for further study and recreation, visiting
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