USA > Massachusetts > Essex County > The story of Essex County, Volume II > Part 20
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21. "History of the Bench and Bar of the Commonwealth of Massachusetts," Wil- liam T. Davis, the Boston History Co., Boston, 1895, Vol. I, 583.
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THE BENCH AND BAR
Law School. Later he studied law in the office of Richard H. Dana, and was admitted to the bar in 1878. Starting practice that year in Haverhill, he soon became interested in politics. In 1889, after holding minor offices, he was elected District Attorney of the Eastern District, and continued in this position five years, through reelection. His fearless behavior in the relentless prosecution of political cor- ruption in the face of the heavy pressure brought to bear upon him, and the remarkable understanding of the law which he displayed, made such a deep impression upon people both within and outside the legal profession that a brilliant future was generally foreseen for him. His prestige was further enhanced by his excellent handling, at the request of the Attorney-General, of the celebrated trial of Liz- zie Borden in 1893.
A new phase of Moody's career began in 1895, when he was elected to Congress. In 1902 he became Secretary of the Navy, and two years later President Roosevelt appointed him Attorney-General. His relentless prosecution of the trusts, as the leading force in Roose- velt's "trust busting" campaign, is well known in history, and his conduct proved him a lawyer of the highest grade. In 1906 he reached the summit of his career with his appointment to the bench of the United States Supreme Court. With a brilliant future as a Jus- tice of the Supreme Court apparently ahead of him, Judge Moody's health failed, and in 1909 he retired to his Haverhill home, where he died in 1917, after a lingering illness.
A large number of highly interesting trials have occurred at various times in Essex County, of which some mention should be made. As space is limited, two particularly interesting cases, both of them famous, have been selected.
The succession of trials following the sham robbery of Major Elijah Putnam Goodridge exposed a fascinating plot of melodramatic, deep-dyed villainy and brought out the brilliant talents of some of the most distinguished lawyers ever to plead in an Essex County court- room, among whom Daniel Webster played an outstanding part. According to the introductory note to the "Defence of the Kennis- tons," in "The Works of Daniel Webster":
"The trial of Levi and Laban Kenniston for highway rob- bery on the person of Major Elijah Putnam Goodridge, in Newbury, in the County of Essex, on the 19th of December,
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THE STORY OF ESSEX COUNTY
1816, was one of the most remarkable trials ever held in Mas- sachusetts. It was remarkable not so much for the dramatic character of its incidents, as for the unwearied pertinacity of the principal actor in the grossest falsehood and perjury. It was a trial awful in its instructions, and painfully interesting in the mystery which still hangs like a shroud around the motives of Mr. Goodridge.
"A brief statement of the facts will fully exhibit the remarkable power of Mr. Webster in unmasking the hypocrisy which, for a long time, not only imposed upon the whole com- munity, but misled by its subtilty, the entire body of the Essex Bar."22
The plot, out of which grew the series of cases of which the prose- cutions of the Kennistons was one, was evolved in the mind of Major Goodridge, was executed almost without outside assistance, and very nearly resulted in a perfect crime. Goodridge was apparently a young man of substance, well educated, and of excellent reputation. He left his place of business in Bangor alone in a one-horse sleigh, carrying with him, according to his story, some $1,700 in gold and notes, all of which was marked to make detection easy in case of robbery. Late in the afternoon of December 16, he left Exeter for Newburyport, some fifteen miles away, on horseback, and crossed the Essex Merri- mac Bridge, which connected Salisbury with a part of Newbury which has since been annexed to Newburyport, a few minutes before nine o'clock. Perhaps three-quarters of an hour later, Goodridge, appar- ently in great agony and with a pistol shot through one hand, came back to the tollhouse at the bridge talking wildly of being robbed, and accused such persons as he saw there of the crime. He was placed under doctor's care, and apparently was delirious for some time, pur- portedly from a blow on the head administered by the robbers. After being confined to his bed for several weeks, he undertook to detect the identity of his "assailants." Goodridge's story of the alleged robbery, the details of which finally made possible the discovery of the plot, was as follows :
"I paid my toll and crossed the bridge a little before nine in the evening. I was rising the hill, about a quarter of a mile
. 22. "The Works of Daniel Webster," Little, Brown & Co., Boston, 1853, Vol. V, P. 44I.
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from the bridge, when the attack was made. A person jumped from the side of the road-the horse sprung, and nearly threw me off. The person came on the left, caught the horse by the bridle, presented a pistol, and in a harsh voice demanded my money. I asked him to wait till I could get it from my portmanteau; I then, under pretence of getting my money, seized my pistol, cocked it, and with my left hand tried to knock away his. I was in the attitude of firing when he fired; at the same time I saw two other persons approaching. Whether I fired my pistol, I cannot tell; I lost all recollec- tion, till I found some persons dragging me into a field. I cried for help; they tried to choke me-I tried to bite, but finally ceased to resist. They jumped on me, tripped me, turned me, and left me. I cried for help; they returned. I rushed on them, seized one, and in the struggle they got me down and left me senseless.
"I have no recollection of what took place after, till I found myself at the bridge, badly wounded on my side, great pain in my head from blows, my left hip sprained, a shot through my left hand."23
After consultation with friends in Danvers, Goodridge, with a warrant and several officers, went to Newmarket, New Hampshire, and arrested the brothers Levi and Laban Kenniston, who had been in Newburyport on the day of the alleged robbery. Money which had been marked by Goodridge was found on the Kenniston prem- ises. As it was necessary to connect someone living near the scene of the crime with the case, the major caused Ebenezer Pearson, who kept the tavern and tollhouse on Deer Island, where the bridge crossed, to be arrested, and marked money was found hidden on the latter's property. The selection of Pearson proved unfortunate for the cause of Goodridge, for the popularity and respect which the toll keeper commanded in Newburyport and Salisbury resulted in his quick release and triumphant return home. Goodridge next accused a man named Taber, of Boston, of having a part in the plot. As Good- ridge claimed to have seen him in Alfred, Maine, on the road to Dover, Taber could have informed the Kennistons as to the possibili-
23. "The Sham Robbery," Joseph Jackman, Concord, New Hampshire, 1819, pp. 31, 32.
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THE STORY OF ESSEX COUNTY
ties for a robbery, and laid in waiting for him at Newbury. As usual, marked money was found in Taber's house. The next victim was Joseph Jackman, who lived near the bridge, and who had left for New York shortly after the alleged robbery. Goodridge jour- neyed to New York, found marked money in the house of Jackman's brother, where he was staying, and had him arrested and sent to Boston. Jackman was arraigned before the Supreme Judicial Court at Ipswich, and was ordered to appear before the grand jury at the next term of the court.
Although a few prominent Newburyport and Salisbury men were suspicious of Goodridge, by and large the evidence against the Ken- istons and Jackman was so overwhelming that their conviction was about a foregone conclusion, and no prominent member of the Essex bar wanted to defend the accused. A subscription was raised, how- ever, and the services of Daniel Webster, who had recently removed from Portsmouth to Boston, were obtained for the trial of the Ken- nistons and Taber. Had it not been for the brilliant pleading of Webster, the intelligent observations of Dr. Israel Balch, of Salis- bury, and the judicial conduct of Judge Samuel Putnam, who pre- sided over the case, there is little doubt but that the clever plot of Major Goodridge would have been successful.
The indictment of Taber, at the outset, was not pressed, for a perfect alibi was established for him. After Goodridge's story had been heard, Webster immediately attempted to show that the robbery was a sham. The argument is too involved to repeat here, but the essential points were as follows: The powder burns on Goodridge's sleeve indicated that he had shot his own hand, through design or acci- dent; it would have been impossible for men who learned he was carrying money in Exeter to get to Newburyport in time to arrange the robbery; all points of evidence hinged on Goodridge's oath; in each case that marked money was discovered, it would have been possible for Goodridge to place it where it was found; passersby and people living in the neighborhood heard no disturbance at the time of the robbery; Dr. Balch testified, in refutation of Goodridge's story of his injuries, as follows :
"As I entered the chamber, Goodridge was lying in bed, talking incoherently. ... Whenever he caught my eye, he appeared confused, and looked in a different direction; which
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led me to suspect he was not deranged. We examined every part of his body. There were no bruises nor wounds either on the side, breast, or head. . . . . I afterwards, in order to satisfy myself whether this was real or not, went down stairs, took off my boots, crept up softly in my stocking feet, and peeped in at the door. I heard the bed clothes move, and saw Goodridge raise himself up upon his posteriors, and look cau- tiously round. He then raised his right hand and stroked back his hair; raised it again, and adjusted his earlocks; and very composedly spit in the fire, twice. A noise was then heard at the foot of the stairs, and he covered himself quick with the bed clothes, and began to talk wildly again."24
After the acquittal of the Kennistons, Jackman came to trial. As the jury was unable to agree, another trial was held. This time Web- ster served as defense counsel, and brought up so many new points that, besides securing Jackman's acquittal, he stimulated Mr. Pearson to sue Goodridge for malicious prosecution. Webster was counsel for the plaintiff, and Goodridge was ordered by the court to pay Pear- son $2,000. Goodridge took the poor debtor's oath, spent some time in jail, and finally left the Commonwealth for good.
The question of what motives inspired Goodridge to feign rob .. bery remains in doubt, but Webster's implication, that desire for notoriety, or for an excuse not to pay his debts, was responsible for his acts, was apparently accepted by the jury.
Probably the most famous trial ever held in Essex County was the trial of John Francis Knapp, for the murder of Captain Joseph White, of Salem. As in the cases involving Major Goodridge, Daniel Webster was the outstanding personality connected with the trial. It is stated in the introductory note to "The Murder of Captain Joseph White," in "The Works of Daniel Webster," that "a more extraordi- nary case never occurred in this country, nor is it equalled in strange interest by any trial in the French "Causes Célèbres" or the English "State Trials." Deep sensation and intense curiosity were excited through the whole country, at the time of the occurrence of the event, not only by the atrocity of the crime, but by the position of the victim,
24. "The Sham Robbery," Joseph Jackman, Concord, New Hampshire, p. 56.
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and the romantic incidents in the detection and fate of the assassin and his accomplices."25
Joseph White, a wealthy and respected octogenarian of Salem, was mysteriously murdered in his bed on the night of April 7, 1830. For weeks no clue as to the identity of the murderer was found, but at length a blackmailing letter, intended for Joseph Knapp, Jr., of Salem, fell into the hands of Captain Joseph Knapp, father of the former and a respected merchant and shipmaster, and led to the ulti- mate detection of the criminals. After a series of suspicious actions, the younger Joseph Knapp was arrested, and confessed that he had hired Richard Crowninshield, through his brother, John Francis Knapp, to murder the old man. A motive was easily established, for the wife of Joseph Knapp was a niece of the murdered man and it was believed by the Knapps that in the event of White's death she would come into a large inheritance; it was later established that a will, unfavorable to the niece, had been destroyed by Knapp. Richard Crowninshield, who actually committed the murder, seems to have been a character of dramatic interest, and was described as " a young man, of bad reputation, though he had never been convicted of any offence, he was strongly suspected of several heinous robberies. He was of dark and reserved deportment, temperate and wicked, daring and wary, subtle and obdurate, of great adroitness, boldness, and self-command. He had for several years frequented the haunts of vice in Salem, and though he was often spoken of as a dangerous man, his person was known to few, for he never walked the streets by day- light. Among his few associates he was a leader and a despot."26
Up to this point, save for the social position of the Knapps and White, no particularly unusual circumstances had yet appeared. Joseph Knapp was offered immunity in return for his confession, and the ordinary procedure would have been to convict Richard Crownin- shield as principal and John Francis Knapp as an accessory largely on the evidence of Joseph Knapp. But the suicide of Richard Crownin- shield in his cell in Salem jail greatly complicated matters, as a rule of common law existed to the effect that a principal had to be con- victed before the conviction of an accessory could be secured. Joseph
25. "The Works of Daniel Webster," Little, Brown & Co., Boston, 1853, Vol. VI, P. 41.
26. Ibid., p. 43.
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Knapp immediately withdrew his offer to testify, thus losing his own immunity. It became necessary to convict either Joseph or John Francis as a principal before the other could be convicted as an acces- sory. As Crowninshield had entered the house of White and com- mitted the murder alone, it appeared that the Knapps would go unpunished. It was at this juncture that Daniel Webster was engaged to aid the prosecution.
The problem confronting Webster was threefold. He had to prove the existence of a conspiracy between Crowninshield and the two Knapps. He had to prove the admissibility of a confession obtained under promise of immunity as evidence. He had to prove that the presence of John Francis Knapp outside the house of White was by agreement, and intended to aid the perpetrator, for only in this way could John Francis be properly called "present" and a prin- cipal in the crime. It was the great force and skill of Webster's argu- ment which secured the conviction of John Francis Knapp as a prin- cipal, for there was no concrete evidence which would prove con- clusively the purpose of his vigil in the street near White's house. By perfect handling of the evidence, through examination of motives, and a careful evaluation of the meaning of "all probable doubt," Webster was able to convince the jury of the last point. The con- viction of Joseph Knapp as an accessory was a simple matter.
This case had an important effect in leading to the enactment of a statute changing the common-law rule invoked by the Knapps. The law provided that it was no longer necessary to convict a principal in a case of felony in order to convict an accessory.
Numerous other remarkable court trials were held in Essex County during the brilliant period of the bench and bar already described, extending from about 1800 to the early 'eighties, but lack of space makes their discussion impossible here. The development of and changes in the bar in more recent times constitute the subject of the rest of this chapter.
During the last fifty or sixty years of the history of the bar of Essex County many changes have occurred, some of which, to several observers at least, seem not to have been for the best. But these changes, many of them inevitable, should be attributed to modern social and economic development rather than to any decline of legal
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THE STORY OF ESSEX COUNTY
talent among the people of Essex County. These conditions apply as well to the rest of Massachusetts, and can be found throughout the Nation.
The general slackening of the educational requirements and quali- fications of personal character for admission to the bar have been responsible, according to some authorities, for a decline in the pres- tige of the bar, especially during the last twenty years. An early step in the direction of the relaxation of bar requirements was a law passed in 1876, abolishing the provision calling for three years of legal training, and leaving the decision as to whether a candidate had adequate preparation in the hands of the courts. It is likely, how- ever, that the courts saw to it that candidates were well trained. The next two changes regarding the admission of candidates to the bar were, however, salutary in their effects, and in no way lowered the prestige of the bar. The first occurred in 1897, when, in the inter- est of uniformity within the Commonwealth, the county boards of examiners were replaced by a State board of five, no two of whom were appointed from the same county. In 1904 the second of these measures was passed. The new board, having more influence than the old county boards, induced the Legislature to pass a law which amounted to a final attempt to maintain the educational and cultural level of the bar. An examination in preliminary education was pro- vided, and three full years of legal training were prescribed before an applicant became eligible to take his bar examination. One ele- ment, however, that existed in the early days of the century when the bar was a small and very select group, was lacking at this time. No longer did the applicant come before a body which, besides ascertain- ing his knowledge, took his dignity of bearing, his personal appear- ance, his manners, and his standing among his associates into consid- eration. The day of the bar as an aristocratic body was waning rapidly.
In 1915, legislation was passed, which, in the eyes of many, con- stituted a severe blow to the future prestige, and even to the integrity of the bar of the Commonwealth, although it perhaps can be excused on utilitarian grounds and as an inevitable resultant of the trend of the times. At the insistence of the evening and "practical" law schools, it was enacted that a candidate for the bar "who has fulfilled for two years the requirements of a day or evening high school, or a
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school of equal grade, shall not be required to take any examination as to his general education, provided he has passed the written test as to his legal knowledge set by the Board of Bar Examiners."27
Thus a large number of men with poor cultural background have been admitted to the bar in Essex County. Many of these men have turned out to be excellent and respected lawyers, but there is little doubt that, for the most part, the prestige of the bar has been low- ered. Many states can show more stringent educational requirements than those of Massachusetts. A ruling made by the Board of Exam- iners in 1921, and approved by the Supreme Judicial Court, requiring three full years (less vacations), "or the equivalent" in the study of law, has served at least to maintain a fair degree of legal background for prospective lawyers.
The factor of racial origins is an interesting sidelight in the study of the development of the bar of Essex County in recent years. Before 1890, practically the whole membership of the bar was com- posed of men of old New England stock, with the exception of a number of lawyers of Irish descent, but since that time, and particu- larly after the relaxation of requirements demanding liberal educa- tion in 1915, a large number of men of recent foreign origin have been admitted to the bar. Irish, Jewish, and Italian names are now very numerous among the lawyers of the county and State. A large proportion of this group are sons of recent immigrants and are, in many cases, of a very different cultural background from that which the bar of an earlier day possessed. Many of them were forced by economic pressure to leave school at an early age, and acquired their legal education in evening or part time law school. Men who have been able to overcome such handicaps and secure admission to the bar are necessarily highly resourceful and intelligent, and frequently make excellent lawyers. There are, too, of course, many lawyers of foreign extraction who have had the benefits of a liberal education, and who would have been qualified for admission to the bar during any period of its history.
The complexity of modern life has wrought significant changes in the character of the bar and the practice of law. During the last quarter of the nineteenth century a gradual alteration in the custom-
27. "The Commonwealth History of Massachusetts," Albert Bushnell Hart, The States History Co., N. Y., 1928, Vol. V, p. 100.
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ary practice of law began. Where formerly a brilliant lawyer, pos- sessed of commanding court presence, the gift of oratory, and a pro- found knowledge of the law kept an office with only one or two junior partners, now large law firms, often with ten or more partners, are the rule in the larger centers. Individual brilliance has largely ceased to be the average lawyer's stock in trade, and Rufus Choates no longer appear. The affairs of modern business require a large amount of detailed legal work, much of which, almost purely routine, is done by the younger lawyers of a firm, allowing the more experienced men time for more important matters. Suits resulting from personal injuries in industry and in automobile accidents have greatly increased the quantity of detailed legal business, as have income and inheritance taxes. Occasionally, in criminal and unusual civil cases, some of the old-time courtroom brilliance is seen, but a very large share of mod- ern legal work continues to be done by obscure junior partners in the larger law firms.
BIBLIOGRAPHY-"The Commonwealth History of Massachu- setts," Albert Bushnell Hart, ed., The States History Co., N. Y., 1928, 5 vols.
"The Municipal History of Essex County, Massachusetts," Ben- jamin Arrington, ed., Lewis Historical Publishing Co., N. Y., 1922, 4 vols.
"The History of the Judiciary of Massachusetts," William T. Davis, Boston Book Co., Boston, 1900.
"The New England Historical and Genealogical Register," 1870.
"History of Newburyport, Massachusetts," John J. Currier, New- buryport, 1909, 2 vols.
"Life in a New England Town," Diary of John Quincy Adams, Little, Brown and Co., Boston, 1903.
"History of the Bench and Bar of the Commonwealth of Massa- chusetts," William T. Davis, the Boston History Co., Boston, 1895, 2 vols.
"The Works of Daniel Webster," Little, Brown and Co., Boston, 1853.
"The Sham Robbery," Joseph Jackman, Concord, New Hamp- shire, 1819.
"Recollections of a Long Life," Edgar J. Sherman, Boston, 1908.
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"History of Essex County, Massachusetts," D. H. Hurd, J. W. Lewis & Co., Philadelphia, 1888, 2 vols.
"William Henry Moody," Scott H. Paradise, The Phillips Bul- letin, Andover, Massachusetts, April, 1929.
The Political History of Essex County
CHAPTER XIX
The Political History of Essex County By David A. Dudley
Much has been written about the stern moral attributes of our early Puritan ancestors, but seldom do we see mentioned that other side to our forefathers-the yearnings for romance. Modern psy- chologists of a certain school explain Puritan morality as the repres- sion of tempestuous passions, passions so tempestuous that the neces- sary effort required to check them resulted in a watchfulness of self that gave the appearance of sternness. This explanation, however, although it might explain the actions of a Cotton Mather or a Jona- than Edwards, does not take into account that lighter romantic touch, the almost gypsy element that occasionally creeps into the lives of the inhabitants of the Bay Colony. It does not explain, for example, some of the lines of pure poetic thought that occur in Anne Bradstreet.
Perhaps it was the presagement of this gypsy element, or perhaps it was Sir James Barrie's Lob of "Dear Brutus," living in an earlier age, or perhaps it was merely some ironical, impish Puck or Robin Good- fellow that nudged the funny bone of Captain Smith in 1614 and made him give to Cape Ann in Essex County the name Charatza Tragabizanda, "for the sake of a lady from whom he received much favor while he was a prisoner among the Turks." Puritan sense of propriety soon asserted itself however. The promontory "did not glory in the Mahometan title," and the name was changed to Cape "Anne" by Prince Charles in honor of his mother, Anne of Denmark.
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