USA > Maine > Cumberland County > Portland > The history of Portland, from its first settlement: with notices of the neighbouring towns, and of the changes of government in Maine, Part II 1700-1833 > Part 23
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2 In 1762 Mr. Bradbury married Sarah, a daughter of Ephraim Jones of this town. In 1764 he purchased of Moses Pearson the lot of land on the corner of Middle and Willow-streets, and built the house which now stands there. In 1796 he was chosen member of Congress from Essex, and was appointed Judge of the Supreme Court in 1797. He died Sept. 6, 1803, aged 64. His son George subsequently moved here and practised law ; was chosen member of Congress from Cumberland, and Senator to the State Legislature: He was also clerk of the courts of this county. He died Nov. 17, 1823, aged 53.
3 Mr. Wyer was the son of a sea captain, and was born in Charlestown in 1741. His father and brother Thomas, subsequently moved to this town, where they were employed in the Custom House service. His brother mar- ried a daughter of Jeremiah Pote in 1772, and with his father, and father-in- law abandoned the country in the revolution. David married Miss Russell, a niece of Thomas Russell, by whom he left two children, a son and a daugh- ter, who with his widow, are still living ; the daughter married Capt. Samuel Waite. The following brief sketch is from the pen of Daniel Davis Esq. the oldest of the surviving lawyers who practised in Maine. " All I know about David Wyer, I have heard from the lateGov. Sullivan and some of his contempo- raries, who were refugees from Falmouth, and who returned after the peace of 1783. By these I have been informed that he was a high minded, sterling fellow, of strong talents, an able and eloquent advocate, and extremely inde- pendent in his opinions and character. He and the late judge Bradbury were always antagonists in their professional career, and as there was great differ- ence in the two gentlemen, I have heard many anecdotes of them which would
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The next attorney who settled here was Theophilus Parsons, who was admitted to the practice in this county July 1774. He gradu- ated at Harvard College in 1769, pursued his legal studies with M .. Bradbury, and at the same time kept the grammar school on the Neck. He soon came into full practice and was often employed in opposition to his legal instructer. While keeping school, and after his admission to the bar, Mr. Parsons was unremitted in his studies, devoting to them his whole time.1 He was one of the committee of inspection in Falmouth in 1775, although but 25 years old, and took an active part in the measures adopted by the whigs during his resi- dence here. He moved to Newburyport in the latter part of 1775.
After the death of Mr. Wyer, Mr. Bradbury was the only attor- ney in the county until October term 1778, when John Frothingham was admitted to practice in the Common Pleas. The latter was soon left alone by the removal of Mr. Bradbury to Newburyport in 1779. The business at that time was exceedingly small, so much so that Mr. Frothingham was induced to unite with his practice the charge of a school, which he kept several years after the revolution. The whole number of entries in 1778 was but 19; in 1779, 26; and in 1780, 20. In March term 1780, Mr. Frothingham was appointed by the court attorney for the State in this county ; he continued in practice, enjoying the confidence of his clients and friends until he was appointed a judge of the Common Pleas in 1804.2
not be proper for the public eye. Bradbury was always grave and judicious, and had great influence with the court and jury. Wyer was full of wit and vivacity ; this contrast frequently gave birth to scenes in the forum very much to the amusement of their mutual friends."
1 Mr Parsons was born in that part of Newbury now called Byfield in 1750, his father being the minister of that parish. He boarded about three years with Deacon Codman, on the corner of Temple and Middle-streets ; in April 1775, he went to board with Dr. Deane. On his removal from this town, he established himself in Newburyport, and subsequently in Boston. He was appointed chief justice of Massachusetts in 1806. It is unnecessary to give here a further notice of the life of this great man and unrivalled lawyer, a brief and interesting view of it may be found in chief jus. Parker's address on the opening of the court in Suffolk, Nov. 1813, shortly after his decease. He died in Boston Sept. 1813, aged 63, in the full strength of his intellectual faculties.
2 Mr. Frothingham was born in Charlestown, Mass. in 1750, and graduated at Harvard College in 1771. He kept a school in Greenland, N. H. a short time before he came here. He held many important offices, and faithfully discharged all their duties to the satisfaction of the public. He was inspector of the excise for the District of Maine, secretary of Bowdoin College on its first organization, representative from the town in 1786, town clerk, 34 years clerk of the first parish, 12 years Register of Probate, and 8 years judge of the Common Pleas. In the latter part of his life he was deprived of his sight, but
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The next lawyer who ventured here was Royal Tyler, son of a gentleman of the same name in Boston, who was one of the king's counsellors, and active in the first stages of the revolution ; he grad- uated at Harvard College in 1776, and came here in 1779. He kept an office in Middle-street, near the head of Plumb-street, but continued only about two years. During his practice he commenc- ed an action against an officer of a privateer then lying in the harbour, and went with the sheriff to arrest him ; but the officer not liking the process, turned upon the deputy and attorney, carried them both to sea, and landed them at Townsend, now Boothbay.1
The next attorney who established himself here was Daniel Davis, who started from Boston on horseback, the world all before him, to seek some promising place in which to commence practice ; he ar- rived and fixed his abode here in the autumn of 1782. At this time there were but five lawyers in Maine beside Mr. Davis, viz. Geo. Thatcher, who then lived in York, but next year moved to Bidde-
bore his affliction with great patience. In 1784, he married Martha May of Boston, who still survives ; by her he had a large family of children, four of whom survived him. He died February 8 1826, aged 76, leaving to his pos- terity the well merited reputation of an amiable, honest and excellent man.
1 Mr. Tyler afterwards became chief justice of the Supreme Court of Ver- mont.
As we are leaving the history of the ante-revolutionary lawyers, we cannot omit one anecdote preserved by Judge Sewall, illustrative of the man- ners of those days. It was the custom, as I have before observed, for the mem- bers of the court and bar at the close of the session to hold special courts at the tavern, which were made the occasion of festivity and wit. At one of those seasons when the inferior court was held at Biddeford, Hill, Sparahawk, Jordan and Moulton being on the bench, the court sat at the public house of one Ladd, there being no court-house in that town. The late Judge Lowell of Newburyport, arrived on Monday evening to attend the court, and called upon landlord Ladd to accommodate him during the session. Ladd told him his house was full and he could not accommodate him. Mr. Lowell was ob- liged to seek lodgings elsewhere, but supposing Mr. Ladd would take care of his horse, if he could not receive him, left him tied at the post in front of the house. It so happened that the horse was overlooked and remained tied at. the post, where Mr. Lowell left him, all night. On Friday evening a special court was held at Ladd's for the hearing and determining of small causes of omission and commission that had occurred during the week. Daniel Farn- ham Esq. was appointed judge ; among other causes landlord Ladd was called upon to answer his neglect in not taking care of Mr. Lowell's horse, and for suffering him to stand all night at the door of his tavern. The fact was not denied, but in excuse he said that he had told Mr. Lowell that he could not give him entertainment, as his house was full before he applied, and he did not recollect that Mr. Lowell, when he went away, said any thing about his horse. Upon this evidence the judge ordered the landlord to pay a single bowl of good punch for his neglect in not taking proper care of the horse, and that Mr. Lowell should pay twice as much for suffering the poor animal to re- main all night at the door. The sentence was carried into immediate execu- tion for the benefit of the company convened.
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ford, John Frothingham of this town, Timothy Langdon of Wiscas- set, Roland Cushing, youngest brother of Judge Wm. Cushing, at Old Pownalboro', and Wm. Lithgow at Georgetown. Mr. Davis continued in practice here until 1803, when he removed to Boston. He was an eloquent and popular advocate, and had an extensive practise. He is the only survivor of the lawyers who were in prac- tice at the time he came here, and of all who came to the town with- in 15 years after him.1
The excitement which existed against lawyers and the courts to an alarming extent in Massachusetts in 1785, and some years after, was not much felt here ; the Shay's rebellion had no advocates in this part of the country. A prejudice however did prevail against the profession, which was concentrated and carried into the legisla- ture in 1790, by John Gardiner of Pownalboro' a barrister at law. He introduced a resolution in January of that year, that the house would resolve itself into a committee of the whole to take into con- sideration " the present state of the law and its professors in the Commonwealth." He prefaced his resolution by some able and spirited remarks which he subsequently enforced and illustrated, against lawyers and what he termed abuses of the law, some of which were merely imaginary. He objected to the association of members of the bar, and the formation of bar rules, the modes of taxing cost and other practices which he termed illegal and unwarrantable usur- pations. He thought the law ought to be simplified, that many cus- toms had crept in from the English law which should be eradicated; his desire was to thrust in the knife and remove entirely all those customs which he and others considered grievances. While the subject was before the legislature, Mr. Gardiner, in the heat of de- bate and in a highly excited state of feelings, cast many aspersions
1 Mr. Thatcher continued to reside at Biddeford until his death. He grad- uated at Harvard College in 1766, and Mr. Cushing in 1768. Mr. Lithgow and Mr. Davis were not liberally educated. In 1778, Mr. Langdon was appointed by Congress judge of the maritime court for the District of Maine. Mr. Cushing died in 1783. Mr. Davis was appointed in 1796 with Wm. Shepperd and Nathan Dane commissioners to treat with the eastern Indians, and the same year succeeded Wm. Lithgow in the office of U. States attorney for this District. He was repeatedly chosen representative by the town, and senator by the county to the legislature of Massachusetts, and while he was senator in 1801, he received the appointment of solicitor general of Massachusetts, which he held until 1832, when that with the office of attorney general was abolish- ed. In 1786, Mr. Davis married at Quebec Miss Louisa Freeman, by whom he had a large family of children.
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upon lawyers, which had a tendency to bring the whole class into disrepute and encourage the unfounded prejudice which existed against them out of doors. He had not however many supporters in the house ; the bills which he introduced were rejected by large ma- jorities ; the one to annihilate special pleading was debated with great earnestness, and the late chief justice Parsons opposed it with a power that could not be resisted.1 Mr. Gardiner was severely handled in the newspapers, and treated in a manner altogether un- worthy of an age of free enquiry. The editor of a Boston paper was tried in 1791 for a gross libel upon him, but was acquitted ; the defence seemed to be that Mr. Gardiner had rather courted abuse in , the cause of reform than avoided it, and was not therefore to be pro- tected from a storm which he had invited. The effect of this attempt to array the community against one class of citizens, was on the whole to establish the character of the profession, which numbered among its members some of the most learned, virtuous and patriotic individuals of the country, upon a more firm foundation in public favor than it had before enjoyed.
In 1789 Salmon Chase and Samuel Cooper Johonnot came to this town to practise law, and were both admitted at the October term of the Common Pleas in that year.2 The next year came Wm.
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1 At this time Judge Parsons drew from Mr. Gardiner the following eulogi- um: " This erroneous opinion of the gentlemen of the profession here, was taken from a mere dictum of the late Mr. Gridley, who though a mighty pom- pous man, was a man of considerable learning and abilities-in learning and genius however, alinost infinitely inferior to that great giant of learning and genius, the law member from Newburyport." Mr. Parsons was then but 40 years old. Mr. Gardiner had been educated in England, and practised law in the island of St. Christopher ; he came to Boston after the revolution, and soon after moved to Pownalboro' in the neighbourhood of which he had an hereditary estate. He was lost by the upsetting of a packet in which he was going to Boston in 1793 or '94. He left one daughter who married James Lithgow.
2 Mr. Chase was son of Samuel Chase of Cornish, N. H. ; he graduated at Dartmouth College in 1785. He continued in practice here, rising gradually to the first rank in his profession, until his death Aug. 10, 1806, aged 45 years. Mr. Chase was distinguished rather for sound judgment and accurate research than as an eloquent advocate ; he was a safe counsellor, and the interests of his clients were never neglected by him. He died much regretted by the community of which he had been an active and useful member.
Mr. Johonnot was grandson of the celebrated Dr. Samuel Cooper of Boston; he graduated at Harvard College in 1783, and completed his education in France and Geneva. He studied law with Gov.'Sullivan, who was much at- tached to him and introduced him to the bar. He remained abroad long enough to part with all his American manners and feelings, and although he returned a good scholar and highly polished man, he was unfitted altogether
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Symmes, who had been previously admitted to the bar in Essex county. He was the son of the Rev. Mr. Symmes of Andover, Mass. and graduated at Harvard College in 1780. Mr. Symmes was member of the convention of Massachusetts which adopted the constitution of the United States, and although warmly opposed to that instrument on taking his seat, he had the good sense to yield his opinion to the able and enlightened arguments which distinguished that illustrious body. Mr. Symmes was a good lawyer and advocate; he stood among the first at the bar in this State, and added to the qualities of a lawyer the charms of a well cultivated classical taste. For some time he carried on a correspondence with his intimate friend, the late Dudley Atkins Tyng, purely on law subjects, in which numerous questions of interest to the profession were learnedly discussed.1
The next attorney who was admitted to the bar and settled here, was John Bagley, son of John Bagley of this town. He was the first native of the town or of the State who was admitted to the prac- tice in this county ; he did not continue long at the bar." He was followed by James D. Hopkins, who was admitted in 1797, and is the oldest practitioner now at this bar.3 George E. Vaughan, son of Wm. Vaughan of this town, was admitted in 1798 ; the next year Isaac Parker, late chief justice of Massachusetts, moved here from Castine and entered at once upon a full and profitable practice to
for the practice of his profession among his countrymen. He spoke the mod- ern languages fluently, was full of wit, vivacity and satire, and an extremely pleasant companion. In 1791, his satirical talent having involved him in a bitter quarrel with the principal men of the town, he found it necessary for his own comfort and safety to make a hasty departure the same year. Ile went to Boston and soon after embarked for Demararra, where he was appointed American consul in 1793, and accumulated a handsome estate in commission business.
1 Mr. Symmes died January 7, 1807, aged 45 ; he was never married. It may be said of him as Mr. Gardiner said of Gridley, " he was a mighty pom- pous man."
2 The following are the names of the other native sons of the town who have been admitted to the bar in this county, viz. George Bradbury, Woodbury Storer, William Freeman, John Wadsworth, Samuel D. Free- man, Charles S. Daveis, John Mussey, Nath'l Deering, John P. Boyd, John Neal, Nathan Cummings, Wm. Boyd, George Jewett, John D. Kinsman, Wm. Paine, Stephen Longfellow jr. Wm. HI. Codman. Of these, three are dead, one is clerk of the District Court, three are pursuing other business, and eleven continue in the practice.
3 Mr. Hopkins was born in England, and is the son of Thomas Hopkin", a merchant, who came to this town from England in 1784.
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which he was entitled by his urbanity as a man, and his eloquence as an advocate, as much as to his attainments in juridcal science.1
In 1800, there were nine lawyers in the county, viz. John Froth- ingham, Daniel Davis, Wm. . Symmes, Salmon Chase, James D. Hopkins, George E. Vaughan, Peter O. Alden of Brunswick, and Ezekiel Whitman of New-Gloucester, all of whom lived at Portland but the two last.2
In 1801 Stephen Longfellow was admitted to the bar and has ever since continued in successful practice in this town ; he was born in Gorham, and graduated in H. C. in 1798. In 1806 Prentiss Mel- len moved here from Biddeford, and Ezekiel Whitman from New Gloucester, and were followed by Sam'l Fessenden and Simon Green- leaf, all of them distinguished lawyers, who had commenced practice
1 Mr. Parker was born in Boston 1768, and graduated at Harvard College in 1786 ; after his admission to the bar he established himself at Castine, where he soon attained an extensive practice and a deservedly high reputa- tion. He was twice elected representative to Congress from the eastern district in this State, and in 1799, while a member, was appointed by Presi- dent Adams Marshal of Maine, which office he held until 1804, when he was removed by Pres. Jefferson. Feb. 22, 1800, he pronounced an eulogy at Portland, on the death of Gen. Washington. In 1806, he was elevated to the bench of the Supreme Court, and the next year moved to Boston. In 1814, he was appointed successor to chief justice Sewall, and died in July 1830, uni- versally lamented. He was descended from John Parker, who came from Biddeford, in England, and settled at the mouth of Saco river, and who after- wards made large speculations in land at the month of the Kennebec. The son of the first John and the great, great grandfather of the chief justice was born in Saco in 1635 ; driven by Indian hostilities in 1689 from his large pos- sessions on the Kennebec, he sought refuge at fort Loyal in this town, where he and his son James were killed when the fort was taken in May 1690. His eldest son Daniel moved to Charlestown, Mass. where he died in 1694, aged 27, leaving a son Isaac, who was grandfather of the subject of this notice.
2 Perhaps Wm. Widgery onght not to be omitted from this catalogue : he practised law many years in New Gloucester, against the opposition of the bar and bar rules, and finally became a judge of the Common Pleas, under the government of Massachusetts. Few men " have seen more of this great world" than Mr. Widgery, nor figured in a greater variety of scenes. He went very poor to New Gloucester before the revolution ; during the war, or part of it, he was Lt. of a privateer commanded by Nath'l. Thompson, in which he displayed the same perseverance that characterized his after life. He was a member of the Convention of Massachusetts, which adopted the Constitution of the U. S. and strenuously opposed that instrument in numner- ous speeches. He was chosen senator in 1794, and frequently representative to the General Court ; he was also elected a member of Congress. After hisre- moval to this town, he engaged in navigation, and for a time commanded one of his own vessels, which on one occasion, by his superior sagacity and shrewdness, he saved from the fangs of the British orders in council. He ac- cumulated a large estate, which he left to his heirs in 1822.
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in the country.1 The number of practising Attornies in town in 1812 was 19, and in the county 43 ; in 1831 there were 57 in the county, of whom 33 resided in Portland. The bar of this county since the revolution, has furnished one chief justice of Maine, one associate justice of Massachusetts, and two of Maine ;2 one chief justice of the Common Pleas, and one associate justice ;3 one solicitor gen- eral ;4 one judge of the District Court of the United States ;5 two judges of Probate ;6 two senators and five representatives in Con- gress,7 besides senators and representatives in the Legislature ; one minister plenipotentiary ;3 one general in the army of the U. States ;? one reporter of the decisions of the Supreme Court, and one pro- fessor of law.1ยบ Before the separation from Mass. this bar took a high rank among those of the Commonwealth, and may now not shrink from a comparison with any other, in the accurate research, the skilful analysis, and the legal science of its members.11
There have been but few capital trials in this county. The first which ever took place here was in July 1772, when one Goodwin was tried and convicted of murder. He was charged with throw- ing a man overboard from a boat in Casco bay. There existed some doubt of his guilt and he was reprieved three times, but was after- wards finally executed on the 12th of November, 1772. A great
1 Mr. Mellen was born at Sterling, Mass. in Oct. 1764, and graduated at H. C. in 1784 ; he practised law a few months in his native town, and 2 years in Bridgewater, when he moved to Biddeford by advise of the late Judge 'Thatch- er, and both there and in this town, he had a very extensive practice which extended into every county in Maine ; he was appointed first chief justice of the State in 1820, at which time he was Senator in Congress from Massachu- setts. Mr. Whitman was born at Bridgewater, in Mass. in 1776, and gradu- ated at Brown University in 1795. On his admission to the bar, he practised law at Turner, in that part of Cumberland now forming the county of Oxford, and was the only lawyer in that part of the country ; he moved in a few months to New Gloucester, and in 1806 to this town. He was appointed chief justice of the Common Pleas in 1822, being then representative to Con- gress from Cumberland district. Mr. Greenleaf was appointed professor of law at Har. Col. in April, 1833.
2 Chief Justice Mellen, Justices Parker, Preble, and Parris. 3 Chief Jus- tice Whitman, and Judge Frothingham. 4 Daniel Davis. " Judge~Ware. 6 Judges Parris, and Potter. 7 Prentiss Mellen, and A. K. Parris, Senators, and E. Whitman, G. Bradbury, Benj. Orr, S. Longfellow, and J. Anderson, representatives. 8 W. P. Preble. 9 E. A. Ripley. 10 Simon Greenleaf.
11 It was formerly the custom, but long since disused, for persons admitted to the bar, to treat the judges and the lawyers on the occasion ; this was cal- led "the colt's tail." Chief Justice Mellen was admitted to the bar in Taun- ton, Mass. in 1788, having read law in the office of Shearjashub Bourne Esq. in the old colony ; the judges and lawyers commemorated the event at the ex- pense of the young attorney in copious libations of punch.
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concourse of people excited by the novelty of the scene were col- lected on the occasion, said to have been the largest ever assembled in town. Mr. Clark of Cape-Elizabeth, preached a lecture to the mul- titude in the presence of the prisoner, and prayed at the gallows.
The next capital trial which took place here was that of George Pierce of Otisfield for the murder of John McIntosh of the same . town in 1789. He was tried in July 1790, and convicted of man- slaughter, it being satisfactorily proved to the court and jury that the death was occasioned in self-defence.1
The next case of this nature was that of Thomas Bird and Hans Hanson, one an Englishman the other a Swede, for murder and pira- cy. They had murdered the master of a small sloop about 30 tons burden, on the coast of Africa in 1789, and came in her to this bay, where they commenced a traffic with the inhabitants of Cape-Eliza- beth. Information having been given to the naval officer of this port that a foreign vessel was anchored in Cape Cove, he proceeded there to seize her, but she put to sea before he could accomplish his ob- ject ; two vessels were then fitted out from this town, manned by volunteers, which came up with her, and brought her into port, on the 28th of July. An examination was had before the Supreme Court which was then here, and they were bound over for trial.
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