Gazetteer of Grafton county, N. H. 1709-1886, Part 11

Author: Child, Hamilton, 1836- comp. cn
Publication date: 1886
Publisher: Syracuse, N. Y., Syracuse Journal Company, Printers
Number of Pages: 1266

USA > New Hampshire > Grafton County > Gazetteer of Grafton county, N. H. 1709-1886 > Part 11

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

Samuel Livermore died at New Holderness (now Holderness), May, 1803, aged 71. He was buried in the grounds of the North church, Holderness, about one third of a mile east from Plymouth village, the spot being marked by a heavy marble slab, properly inscribed, which covers the grave. Mrs. Betsey Shepard, of Ashland, N. H., now (April, 1886) in her ToIst year, remembers Samuel Livermore well, and speaks of him, as a "dignified gentleman," and the "man who knew the most of any one anywhere about here." "If anybody wanted to know anything they went to Judge Liver- more, his say-so was the law."

Arthur Livermore, son of Samuel Livermore, was born at Portsmouth, N

GRAFTON COUNTY.

H., July 29, 1766. In 1774 the family removed to Holderness, N. H., where Arthur ever after lived. He married Louise Bliss, of Haverhill, N. H. His death occurred July 1, 1853, and he was buried in the grounds of the North church in Holderness. His early manhood was spent upon the farm and tending the grist-mill which his father had erected. His education was received from his father and mother, both of whom had been learnedly educated. That he was a classical scholar appears from the Latin and Greek text books used by him and containing his boyish signature, now in possession of one of his sons. The following is from the pen of ex-associ- ate justice, Jeremiah Smith :-

Arthur Livermore may be said to have been " born in the ermine." His father, and brother Edward St. Loe Livermore, both preceded him upon the bench. His name was strongly urged for the vacancy in the Superior court caused by his brother's resignation in 1798; but the appointment was first conferred upon another person, who did not accept.

Mr. Livermore was, however, appointed to the bench in 1799, and from that time until 1832 was kept almost constantly employed in the public ser- vice. He was associate justice of the Superior court from 1799 to 1809, when he was appointed chief justice, serving in that capacity until 1813 Upon the re-organization of the courts in the latter year, he consented to serve on the Supreme court as associate justice under his old chief, Jeremiah Smith, and held that position until the next re-organization in 1816. He was repre- sentative in Congress from 1817 to 1821, and from 1823 to 1825. From 1825 to 1832 he was chief justice of the Court of Common Pleas. His aggregate term of judicial service was one of the longest in our annals, covering about twenty-four years.

Judge Livermore flourished during the golden age of the New Hampshire bar, and was not an unworthy compeer of the other great lawers who have con- ferred so much renown upon the state. From all the information, written and oral, which has come down to us, it is safe to say that he was a man of very marked ability, entertaining clear views on the questions before him, and capable of expressing these views with great energy. He was undoubtedly a person of great independence, possessing a good deal of that quality, "which, when a man is right, we call firmness, and when he is wrong, we denominate obstinacy."

It is a matter of history that his independent spirit once came near termin- ating his judicial career. At the session of the New Hampshire legislature in December, 1805, an address for his removal was submitted to the House of Representatives, in the following form :-

"WHEREAS. It was made to appear to this Legislature, at their session in June last, that Arthur Livermore, Esq., one of the Justices of the Superior court, had not attended to the duties of his office during one whole circuit of court, and a committee was at that time appointed to enquire of said Liver- more his reasons for not attending : and whereas said committee now report

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a communication from said Livermore, frauglit with expression highly indec- orous and by no means satisfactory to this Legislature : therefore,

Resolved, That His Excellency the Governor is hereby requested, with con- sent of Council, to remove said Livermore from the office of Judge of the Superior Court."

The address failed to pass the House ; ayes 63, nays 71.

It is extremely probable that Judge Livermore had a perfect excuse for the above mentioned absence from the circuit, but would not condescend to give reasons in answer to what he deemed the impertinent and uncalled for in- quiry of the legislature. The best proof of his faithful discharge of judicial duties is to be found in the fact that he was promoted to the Chief Justice- ship in 1809 by his former colleague, Judge Smith, who had just quitted the bench for the gubernatorial chair.

Judge Livermore was a man of much humor, and various sayings of his have been handed down by tradition. The late Daniel M. Christie used to tell a story of Judge Livermore's facetiousness upon a trial where the issue re- lated to the paternity of a child. If we remember aright, the mother was named Fish, and the man sought to be charged as the father bore the name of Pike. When the child had been duly exhibited to the jury, Judge Livermore said to the counsel: "don't slight the Court, gentlemen. Let me see the child." The infant was accordingly handed up to his Honor, who thus ad- dressed it. "Well, my little dear, it seems to be admitted that you belong to the genus Fish ; and the question now is whether you belong to the species Pike."

There is something remarkable about the longevity of the old time Judges. In 1802 the bench of the Superior court was composed of Jeremiah Smith, Timothy Farrar, Paine Wingate, and Aurthur Livermore. The average age to which these Judges lived slightly exceeded ninety-two years. Smith lived to be eighty-two, Farrar one-hundred-one, Wingate ninety-nine, and Livermore eighty-seven. The last years of Judge Livermore's life were passed on has farm. The biographer of Gov. Plumer, who saw Judge Livermore a few months before his death, speaks of him as "a remarkable old man, his memory still retentive, and his early liveliness of manner and vivacity of expression but little impaired." Judge Liver ... ore died July 1, 1853; at the age of eighty- seven.

By his neighbors, Judge Livermore was looked upon as somewhat eccen- tric, and of rather an austere disposition. He was the poor man's friend, however, if he thought him deserving a friend. "Give alms of thy goods, and never turn thy face from any poor man," which appears upon the tablet cov- ering his grave, was his rule.

James Ladd Wilson was born April 21, 1834, in the town of Morgan, Or- leans county, Vt., and is the son of William and Sally (Morse) Wilson. He was educated at Andover academy, Andover, N. H., studied law with Butter- field & Shirley and was admitted to the bar in Concord, N. H., in August,

GRAFTON COUNTY.

1858. He commenced practice at Holderness (now Ashland) in 1859, where he has since continued. He was married to Lydia B. Long, of Andover, N. H., December 17, 1859.

William Bainbridge Fellows was born in Sandwich, N. H., July 5, 1858. His father was Col. Enoch Q. Fellows, of the 3d N. H. Regt. Mr. Fellows was educated at the New Hampshire Conference seminary, Tilton, graduated in 1880 from Dartmouth college, and immediately commenced the study of law with Hon. E. A. Hibbard, at Laconia, N. H. He was admitted to the bar at Concord, August, 1883, practiced about one year in Ashland, when, in November, 188.4, he removed to Tilton, N. H., where he is now located. At Laconia he held the position of clerk in the Police Court, 1882 and '83. He was sergeant-at-arms of the New Hampshire Senate in 1881. He now (April, 1886,) holds the position of clerk of United States Senate committee on claims. He married, November 1, 1881, Ida G. Scribner, daughter of Fraklin Scribner, Esq., of Ashland, N. H.

LEBANON *.- Colonel Elisha Payne, was born in Connecticut in 1731, is said to have been a graduate of Yale college, was one of the grantees of Car- digan, now Orange, in 1769, to which place he went in 1773, among the first settlers. In 1778 the proprietors of Lebanon granted a tract of land to Col. Payne on condition that he should erect both saw and grist-mills on the Mas- coma river within two years, "except the public commotions and the pres- ent wars shall render it impracticable, in which case they shall be built as soon as the public affairs will admit of." Soon after this he became a resi- dent of Lebanon, was representative from the town in 1784, '85, '90, '93, '96, '97, and 1800 He was a leader in the Vermont controversy of the towns on the east of the Connecticut river, chosen lieutenant-governor of Vermont in 1781-82, chief justice the same year, and brigadier-general, trustee of Dartmouth college from 1784 to 1801, its treasurer in 1779-80. He died at Lebanon July 20, 1807, aged seventy six years.

Aaron Hutchinson was born in Connecticut about 1755, graduated at Harvard college in 1770, in his sixteenth or seventeenth year, received the degree of A. M. from Dartmouth college in 1790 and from New Jersey col- lege in 1794. He came to Lebanon about 1783. At that time there was only one other lawyer in the county. For many years he followed his profes- sion in this and neighboring towns. He was chosen moderator of the town in the years 1811, '12, '13, '14, '17, and '18, selectman in 1797 and 1818, representative in 1802, '03 and 1805. He had two sons, James and Henry, both lawyers. 'Squire Hutchinson seems to have been a good lawyer, find- ing a large field of practice in the neighboring towns as well as in Lebanon. With his professional business he combined agricultural pursuits, and was successful in both, owning at one time a handsome property and living in good style. He was a "gentleman of the old school," courtly in manners,

* By Rev. C. A. Downs.

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neat and precise in dress, wearing knee-breeches and ruffled shirts to the end of his days. It must have been of great advantage to the town in the form- ing period of its history to have, as one of its citizens, an educated, refined and capable man, such as 'Squire Hutchinson was. He died April 24, 1843, in his eighty-ninth year.

Samuel Selden, the second lawyer to take up his abode in Lebanon, was born in Vermont, probably at or near Royalton. He graduated at Dart- mouth college in 1805, and settled in Lebanon in 1809. He was moderator of the town from 1822 to 1830 ; selectman in 1815, '16, '17 ; representative in 1816, '17, '24. He married, first, Louisa Parkhurst, of Royalton, Vt., June, 1811. She died February 24, 1824, aged thirty-four years. Mr. Selden mar- ried her sister for his second wife. In 1830 he left Lebanon and spent some- years in Hartford and Royalton, Vt., and in August, 1837, went to Liberty, Jackson county, Mich., one of the first settlers of that region. He gave his- attention mainly to farming till his death, which took place in 1868, nearly ninety years old ..

Mr. Selden was the reverse of 'Squire Hutchinson in all things, especially in dress and manners. Short, stout, jolly, delighting in the open air, working in the field bare-headed and bare-footed. He was an enthusiastic fisherman, and it was a common thing to see him wading the brooks and rivers in pur- suit of his favorite recreation. He was free and cordial in his manners, both humorous and witty in his speech, quick to see the ridiculous side of things, original and apt in giving expression to his perceptions in that direction. Everybody seems to have liked him, because of his friendly and genial ways ; and the few who can recall him, hold him in pleasant remembrance.

James Hutchinson, son of Aaron, was born in Lebanon, N. H., December 2, 1786, fitted for college at Chesterfield, graduated at Dartmouth in 1806, leading his class as a mathematician; and among the first in other depart- ments. Ezekiel Webster was his room-mate one year, and Daniel Webster an intimate friend. He studied law with his father, and commenced the prac- tice of his profession in Lebanon. In 1815 he married Eunice Kimball, of Plainfield, who died a few years afterward. Mr. Hutchinson commenced life with every advantage. Well connected, well educated, and of superior talents, his future was bright. But through intemperance he lost his station and became a wanderer. Finally, hereturned to the home of his youth, eked out a scanty subsistence by manual labor and the charity of the town and county. He died at the county farm in May, 1877.

Henry Hutchinson, son of Aaron Hutchinson, and brother of James, was born in Lebanon, N. H., March 30, 1785, graduated at Darmouth college in 1804, became a lawyer and was in New York city, where he died in 1837.

Elisha Payne, Jr.,* son of Col. Elisha Payne, was born in Connecticut in

* There was an Elisha Payne chosen state senator, 1786-88, whose residence is given as Haverhill. Whether they are one and the same person I am unable to determine, but think they may be. C. A. D.

GRAFTON COUNTY.

1753, graduated at Dartmouth college in 1784, studied law, but from ill health did not practice his profession to any great extent. He died at Lebanon May 20, 1808, aged 45 years.

Samuel Rice settled as a lawyer in East Lebanon about 1804 and remained till 1814. (See Enfield.)

Samuel Cortland was at Lebanon, according to the New Hampshire Reg- ister in 1824. (See Haverhill.)

Nathan B. Felton practiced law at Lebanon several years, from about 1826. (See Haverhill.)

Daniel Blaisdell was located in practice at Lebanon from 1831 to 1834. (See Hanover.)

Elijah Blaisdell, from 1835 to 1836. (See Canaan.)

Daniel Gilbert was at one time in practice at Lebanon, according to the New Hampshire Register.

John Kimball, Jr., was also given as a Lebanon practitioner at one time, but it was as easy to perpetrate errors in such compilations at it is at the present day.

Aaron H. Cragin was in practice in Lebanon from 1847 to 1877. He was born February 3, 1821, at Weston, Windsor county, Vt. His father was Aaron Cragin, grandfather, Benjamin Cragin. He received an academic ed- ucation at Chester academy, Chester, Vt., Burr seminary, Manchester, Vt., and the Lebanon (N. H.) Liberal institute. His law studies were with A. W. Richardson, Weston, Vt., and Allen & Hastings, of Albany, N. Y. He was admitted to the bar in New York city in 1847. He was a Free-mason and a Congregationalist.

In the political movement of 1855, commonly termed the "Know Nothing" affair, which was the forerunner of the Rebublican party, Mr. Cragin was brought forward as a congressional candidate and elected. He succeeded himself in 1859, as representative for this district, and in 1864 was chosen U. S. senator, succeeding Hon. John P. Hale, and was re-elected in 1870. He was selected by Mr. Hayes as a member of the commission to determine the ques- tions of title arising in the Hot Springs, Ark., reservation, and was chairman of that tribunal. He made his residence in Washington after the completion of this service and has since been a resident of that city. In 1848 he mar- ried Isabelle Fuller, and has one son, Harry W. Cragin, now a patent lawyer in Washington. During Prof. Patterson's term, 1867-73, both the senators were residents of this county and of adjoining towns, though neither was a native of the county. Now it happens that both, Blair and Pike, are na- tives of the county and of neighboring towns, Campton and Hebron, and both are residents of other counties.

George Ticknor was an attorney at this place two years, 1850-52. He was a native of Boston, Mass., his parents being Benjamin and Hannah (Gard- ner) Ticknor, formerly of Maine, born in April, 1822. His academic edu- cation was at Kimball Union academy, of Meriden, N. H., and he was

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graduated from Dartmouth college in 1847. Nesmith & Pike, of Franklin, were his law preceptors, and he was admitted to the bar about 1850. He was subsequently located at Lebanon, Marlow, Claremont, and Keene in the practice of his profession. He was a Free-mason, an Episcopalian, and a Republican in politics. He married Lucy A. Stone, Claremont, N. H. Two daughters, Clara and Anna, now reside in Concord, N. H. He was solicitor of Sullivan county, appointed in 1855, and register of probate for Cheshire county, appointed in 1864, continuing in this office till his death in 1866. He was a member of the law firm of Metcalf & Ticknor, at Claremont, (the senior being Gov. Ralph Metcalf) and for a short time was a partner with Wheeler & Faulkner, at Keene. He was also much engaged in literary work. At the time of his death he was an associate editor of the Keene Sentinel, and compiled the New Hampshire Gazetteer, published at Concord, in 1855. Rodney Lund was in practice from 1855 to 1861.

George S. Towle was born in Meredith, N. H., graduated at Dartmouth college, 1839, came from Haverhill to Lebanon as editor and proprietor of the Granite State Whig in 1848. He practiced his profession to some extent in connection with his duties as editor, till the year 1861, when he received an appointment to a clerkship in the Boston custom-house where he continued for eight years. He was chosen moderator in 1861, representative in 1850, '56, '57, state senator in 1861-62, president of the Senate in 1860. He died in October, 1883. Mr. Towel was a man of ability as a writer and speaker, enthusiastic, and excitable. It is to be feared that his last days were not altogether comfortable. He married and had two daughters.

Lewis R. Morris was located in practice at Lebanon most of the time from 1857 to 1876, the year of his decease. He was born at West Fairlee, Vt., a son of Park and Sophia (Morse) Morris. He received an academic educa- tion at the Newbury (Vt.) semenary and studied law with Robert Ormsby, of Bradford Vt., and N. B. Felton, of Haverhill. It is said he practiced his pro- fession for short periods at each of those places. He was connected with two firms at Lebanon-Lund & Morris, at West Lebanon, and Morris & Parsons at the Center. Mr. Morris married Lucinda B. Bliss of Bradford Vt., they had no children. They were Congregationalists. Mr. Morris was not a bril- liant lawyer, but gave much attention to current literature which he read ex- tensively.

J. H. Buckingham came to Lebanon about 1861 and remained three years. He then removed to Lancaster, where he remained till his death.

Nathan C. Sweat was born in Canaan, N. H., May 11, 1836, educated at Malone and Potsdam, St. Lawrence county, N. Y., studied law with Hon. L. D. Stevens, at Concord N. H., admitted to the bar in 1862, and entered into partnership with Hon. A. H. Cragin the same year. Afterwards spent two years as clerk in the treasury, Washington D. C. He went from there to Toledo, Ia., remaining two years in the practice of his profession, in part- nership with J. G. Tracy. Being in ill health he returned to Lebanon in 1869,

GRAFTON COUNTY.

and after a courageous struggle for life, died of consumption, May 31, 1871. Married Lora T. Kingsbury, of Hanover N. H., December 28 1863. No children.

William B. Weeks commenced the practice of law in Lebanon in 1867. (See Canaan.)

James I. Parsons was from Coos county and was in practice here about one year-1870-71. He has since been successfully engaged in his profession at Colebrook, N. H.

John Langdon Spring entered upon the practice of law at Lebanon in 1870. He had previously been so engaged at Wilton a part of one year, in 1860, and the remainder of the succeeding ten years at Milford. He was born at Newport, N. H., May 14, 1830, a son of John Clark Spring. He commenced the study of law upon a common school education, supplemented by such study as he had pursued by himself. His law preceptors were Hon. Thomas Wentworth and Hon. C. W. Woodman, of Dover. He was admitted to the bar at Manchester in 1860. He is a successful business lawyer and has always had a very large docket. He married Ellen Melvina Fountain, March I, 1856, and they have four children, Arthur Langdon, Clarence Walker, Carrie Melvina and John Roland. Mr Spring has been a member of the state leg- islature and of a convention to revise the state constitution. He is a Free- Mason and one of the foremost Odd Fellows in the state, having been for several years a member of the Sovereign Grand lodge. His law firms have been Spring & Gould, 1873-74, and Spring & Spring (Arthur L.) to the pres- ent time.

Charles A. Dole. (See Wentworth.)

Edwin B. Gould, was a Lebanon lawyer from June, 1873, to November 1876. He is a native of Hillsborough, N. H., born January 24, 1839. His par- ents, Jonathan S. and Sabra Ruth Gould. He received an academic education at the public school of his native town, Francistown academy, Appleton academy, Mount Vernon and Kimball Union academy. He commenced the study of law in 1860 with Hon J. F. Briggs, of Hillsboro Bridge, and Hon. F. N. Blood, of Hillsboro, and was admitted at Manchester in 1864. His places of practice have been Suncook, Lebanon and Nashua successively. He is an Odd Fellow, an attendant at the Orthodox Congregational church, and a Democrat. He married Jennie E. Kelsey, of Nottingham, N. H., in 1869. In 1864-65 he was a member of the law firm of Stanyan & Gould, at Suncook.

William H. Cotton, the present county solicitor, has been a practitioner in Lebanon since September, 1876. Mr. Cotton is a native of New Market, a son of Oliver and Sarah (Furber) Cotton, born February 6, 1846. He was fitted for college at Northwood seminary and graduated at Dartmouth col- in the class of 1872. His law instructors were George C. Peavey, of Stafford, and Col. L. E. Pingree, of Hartford, Vt. In December, 1875, he was admitted to the Windsor (Vt.) county bar, and at Haverhill, March term,

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1876. March 21, 1876, he was united in marriage with Miss Persis A. Wood, of Lebanon, and has one son. A few passages from a sketch of Mr. Cotton, published in 1875, are abstracted :-

"In early life he was accustomed to hard labor, and soon exchanged the common schools for the active business of life. He learned the rough les- sons of labor in Massachusetts factories, before he was prepared to undertake the task of educating himself in the high schools and colleges. * * * As a lawyer Mr. Cotton is studious and conservative. His papers are carefully prepared and his causes are managed with reference to what he re- gards as the best interest of his clients. His integrity in business, political, social and all other affairs stand beyond reproach."

In 1884 he was elected to the office of solicitor, but he has never been a candidate for a political office outside the line of his professional duties.

Arthur Langdon Spring is the junior member of the bar at Lebanon. He is a son of John L. Spring, born February 25, 1857, at Salmon Falls, N. H. He was educated at the Lebanon high school, Kimball Union academy, and Dartmouth college, class of 1880. He studied law in his father's office and is a graduate of the Boston university law school, class of 1883. He is an Odd-Fellow and unmarried. Since his admission to the bar, in 1883, he has been a member of the law firm of Spring & Spring. Mr. Spring is a graceful speaker and writer, and has already had favorable experience in the lecture field.

LISBON .*- This town has had very few lawyers resident in it, but within the past few years it has been more favored than formerly in that respect. Situated between Bath and Littleton, it was "between the upper and nether millstones," until Judge Rand came to the rescue in 1860. Since that date it may be pre- sumed that some of the money expended by Lisbon people in the law has been kept at home.

Luther Mills was the first resident attorney of Lisbon. He was here in 1806 or 1807, according to the New Hampshire Register. It is understood that he removed to Windsor county, Vt.

James Ingalls Swan was located here from 1803 to 1807. (See Bath.)

Edward Dean Rand was a native of the town of Bath, a son of Hamlin Rand, born December 26, 1821. He fitted for college, and graduated at Wesleyan university, Middletown, Conn., in the class of 1841, with his elder brother, Charles W. Rand, afterwards United States district attorney for New Hampshire. After leaving college he went south, and was engaged for a time in teaching in New Orleans, where he studied law, and was admitted to the bar His legal preceptors were Lockell & Micon, and Judah P. Benjamin and Mi- con. Returning north, he formed a partnership with his brother, above named, at Littleton, and resided in that town five years, meantime marrying Jennie Stevens, daughter of Truman Stevens, of that place. Mr. Rand, in 1860,

*By E. C. Stevens, Esq.

GRAFTON COUNTY.

made his residence in Lisbon, the firm thereby having an office at each place. His residence was at Lisbon ever afterwards, with the exception of a brief temporary residence in Concord, after his service on the bench. The part . nership continued until the serious disability of Mr. C. W. Rand, which re- sulted in his death in 1874. E. D. Rand was made a justice of the Circuit Court by Governor Weston, in 1874, and occupied the position until 1876, when the court was legislated out of existence, after the New Hampshire fashion, upon the advent of a change in the political complexion of the legis- lature. Judge Rand displayed industry and conscientious devotion to the principles of justice. It fell to his lot to be associated in the trial of several capital causes, which rank among the most notable in the history of criminal jurisprudence in New Hampshire, including that of Joseph B. Buzzell, for the murder of Susan Hanson, of Brookfield ; that of Elwyn W. Major, of Wil- ton, for the murder of his wife ; and of Joseph La Page, for the murder of Josie Langmaid, at Pembroke, in all of which responsible positions he ac- quitted himself with credit.

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Gazetteer of Grafton county, N. H. 1709-1886, Part 11

Author: Child, Hamilton, 1836- comp. cn Publication date: 1886 Publisher: Syracuse, N. Y., Syracuse Journal Company, Printers Number of Pages: 1266

Author: Child, Hamilton, 1836- comp. cn
Publication date: 1886
Publisher: Syracuse, N. Y., Syracuse Journal Company, Printers
Number of Pages: 1266