Gazetteer of Grafton county, N. H. 1709-1886, Part 7

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 7

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The bar of New Hampshire effected a permanent organization at a conven- tion held at Concord, on the third Wednesday of June, 1788. Sixteen prac- titioners, from various parts of the State, were present in person, and the record mentions twelve more, who participated "by their representatives." John Porter and Aaron Hutchinson appeared from Grafton. The body of the proceedings on this occasion, being brief, are reproduced.

"Voted, and chose John Prentice, Esq., Attorney-General, president.

"Voted, Oliver Peabody, Esq., secretary.

"Voted, that the society will consider themselves as a corporation, and bound by the votes and proceedings at any regular meeting of the Bar, in the same manner as the Individuals of any Society really incorporated.

"Voted, that this society be styled an association of the bar throughout the State of New Hampshire.

"Voted, that the gentlemen of the bar in their respective counties, do, at their first meeting after these rules are adopted, forn themselves into a county society, and proceed to the election of a president and secretary for the en- suing year, and that a president and secretary be forever hereafter annually chosen by the major vote of the society.

"Voted, that it be the duty of the secretary to keep a fair record of the proceedings of said society.

" Voted, that the proceedings of the county societys, respecting their prac- tice, not incompatible with the rules of this association, shall be considered as binding as though they were a real corporation.

"Voted, that in absence of the president, the senior attorney present at any bar meeting shall preside; and in the absence of the secretary, that the junior attorney shall act as secretary.

BENCH AND BAR.

" Voted, that it be considered as an indespensible requisite for the admission of any candidate for the bar, who has received a degree at any college that he has regularly studied three years after having received such degree in the office of some practising attorney of a Superior Court ; and that no candidate not having received such degree be recommended for admission without hav- ing studied five years as aforesaid.

" Voted, that no clerk be received into the office of any attorney, as a candi- date for the bar, without the previous consent of the bar of the county in which such attorney shall reside, had and obtained at a regular meeting.

" Voted, that the gentlemen of the bar in any part of the State, attending in any county be considered as members of the society of the county in which they may happen to be.

" Voted, that any attorney intending to offer any candidate for admission shall give notice thereof at some bar meeting one term previous thereto.

"Voted, that when any candidate shall be approved by the bar, notice thereof shall be given to the court in writing, under the hand of the president of the bar, and a request made for his admission.

" Voted, that it be deemed requisite for the admission of any attorney to the Superior Court that he has previously practised two years at some Court of Common Pleas.

" Voted, that no attorney on any consideration give aid or countenance to any process commenced by any person not regularly admitted to the bar, or assist in conducting or defending any suit in which any person not regularly admitted may be engaged on the same side, excepting such cases wherein an attorney could not be reasonably applied to, which shall be previously de- termined by a major vote of the county society.

"Voted, that when application is made for admission to practice in any court in this State by a gentleman who has studied out of the State, or is a practicer in any other State, it shall be deemed a necessary qualification that he has studied and practiced in all respects agreeably to the rules of this as- sociation.

" Voted, that this association adjourn to meet at this place on the first Wednesday of June, 1790, and if a meeting should be thought necessary be- fore that time, that the same be notified by the attorney-general for the time being."

The first record of any association of the Grafton county bar, now extant, gives the proceedings at a meeting at Haverhill, March term, 1793. There were present, "Aaron Hutchinson, Esq., president pro. tem, Arthur Liver- more, Thomas Thompson, Bela Turner, Jr., and Alden Sprague." From this time on till November 12, 1838, the record is continuous and apparently complete in one volume. It indicates that the organization was regarded as subsidiary to the State association, as contemplated by the regulations of that body. William H. Woodward was secretary until 1812, and was then suc- ceeded by Henry Hutchinson, who held the office till he removed from the State in 1824 or 1825. The next permanent secretary was Nathaniel P. Rogers, whose record completes the book. There is a missing link in the record from 1838 to 1853. If the book is preserved, it is not in the proper custody. The record has been continued in a somewhat intermittent man- ner by Mr. Chapman, who has held the office most of the time since 1853.

GRAFTON COUNTY.

Meetings have not been held as regularly in this period as formerly, owing, first : to the transfer of jurisdiction over the admission of students to the bar from the bar associations, in each county, to the courts committee which is now established by law, and sits at the capitol for the examination of appli- cants for the State at large; and, secondly, to the practical assumption of the duties of the county organization, or some of the more important of them by the Grafton-Coos Bar Association.

The old record contains a vast amount of material for legal biography. In it all matters of discipline are entered. The preliminary notices and per- missions for the admission of students to the law offices as clerks, and to the bar as attorneys, are carefully noted. It was voted at an early date that the time a candidate might have served as deputy sheriff should not be allowed as a part of his five years of study for admission to the bar. Later on, in the case of Ira Goodall, it was determined that the office of postmaster was not incompatible with that of an attorney. John Porter, Sr., Esq., received a vote of censure for appearing in support of an action commenced by one not admitted to the bar. In 1804 certain fees were established. Arguing contin- uance at Court of Common Pleas was two dollars, and the same for demurrer Argument at Court of Common Pleas to court or jury on issue joined, was six dollars ; and for the same at the Supreme Court, ten dollars. On the 4th of December, 1804, a convention of delegates from the several counties re- ported and recommended a series of "general regulations for the gentlemen of the bar in the State of New Hampshire." Moses P. Payson and William Woodward had attended as delegates from this county. These regulations were adopted by the bar of Grafton. The code contained twenty-one articles.

Article 5, required candidates for admission who "had not a degree in the arts," excepting a knowledge of the Greek language, to "be duly qualified to be admitted to the first class of students at Dartmouth college."

Article 6, prescribed five years of study for admission for candidates with- out "a degree in the Arts" and three for those with it.

Article 7, forbade members receiving as a reward for tuition of a student at law less than two hundred and fifty dollars, for the time required, or in that proportion for a shorter time.

Article 7, prohibited students at law from having the benefit of any per- quisites or profits from the business of the office or any other business apper- taining to the profession of law, and from engaging in any other employment during the term of study.

Two years of practice at the Common Pleas was required before admission to practice in the Superior Court, and only the admitted attorneys of the Superior Court could vote upon the admission of students to an office, or ad- mission to practice.

In subsequent years it was found difficult to enforce the rules in their in- tegrity. In the latter period, covered by the first volume of records, con- siderable controversy was occasioned by the construction given to the rules

BENCH AND BAR.

by individual members, which in many instances amounted to evasion, and even defiance of them. It is manifest by the record that the bar was gener- ally disposed to enforce the rules. This doubtless contributed to the creation of a public opinion which finally broke down all barriers in the way of admis- sion to practice law in any and all the courts .*

The members of the Grafton bar in its early days had under consideration other projects than those indicated by the secretaries' records. They sought to co-operate in the collection of a public law library, and to that end peti- tioned for an act of incorporation. The original petition is in the possession of Hon. George W. Nesmith, of Franklin. It is interesting as a part of the history of the bar of the county, and valuable as a memorial of the distin- guished men who were the movers in the enterprise. The instrument is as follows :-

"To the Honorable the Senate and House of Representatives, of the State of New Hampshire, in general Court convened :

"The memorial of the subscribers, attornies practicing in the Courts of Judicature, in the County of Grafton, in said State, humbly showeth : That your memorialists being deeply impressed with the important advantages de- rived from a choice collection of law books, placed in some central point, in said county, and having already at very considerable expense commenced the collection of such works, as are considered the most necessary in such an establishment, and want nothing at this time but a little of the fostering care of your honorable body, to complete and perpetuate their design. Wherefor your memorialists pray that they be incorporated into a society by the name of the Grafton Bar Library Association, and that in their said ca- pacity they may be empowered to make such by-laws, and regulations, as may be found necessary for the well ordering of the affairs of the corporation, and enjoy all the powers and privileges, appertaining to corporations of this kind. And in duty bound will ever pray. Plymouth, 25th May, 1808.

Moses Dow, J. Wilcox, A. Sprague, William H. Woodward. A. G. Britton, Benjamin I. Gilbert, John Nelson, Samuel A. Pearson, Moses Eastman, D. Webster, Parker Noyes, Phineas Walker, James I. Swan."

Although the county organization of the bar continues nominally in the ancient form, it must be admitted that there is very little vitality in it. Various causes have operated to effect this result. The principal reason which may be assigned for the moribund condition of the old county society, is that there does not seem to be any occasion for its existence. The society has now nothing to do with admissions to the bar, and the court regulates the practice, except in the domain of those rules, which have now come to be re- garded by the practitioners as "hereditary custom," and relate principally to fees and charges. While these matters do not now command the active attention or supervision of any organization of the bar, there are other subjects well worthy of their attention, as an organized society, without reference to county limits. Such would be the encouragement of a fraternal spirit which may allay and counteract the rivalries and resentments that are constantly

*Proceedings of the American Bar Association, ISSI, p. 242, et vy.

GRAFTON COUNTY.

and necessarily provoked in the contentious business of the profession ; the protection of the rights of parties against the mischiefs of tardy, uncertain, arbi- trary, or dishonest administration of the law ; the preparation and preserva- tion of suitable memorials of the work and worth of deserving members of their fraternity, and of a reliable history of the development of the science of jurisprudence, more particularly as it may be affected by the courts, legisla- tures and bar of our own State; and the formulation and encouragement of reforms in jurisprudence by concerted and progressive action.

The members of the Grafton and Coos counties bars have an organization which seeks to accomplish these purposes. It was put in active operation in November, 1882, and has ever since enjoyed a useful and vigorous existence. Its members have collected a large amount of material for the use of the future biographers of the barristers. They have already effected valuable im- provements within the sphere of their professional labors and will not weary in well doing.

In the brief individual sketches of the lawyers of Grafton county, which have been collected by gentlemen interested in legal history and biography, in several of the principal towns, and which are presented in this volume, will be found some evidence of the influence exerted in various directions, by the lawyers of the county. They will be recognized as pure, upright and eminent judges ; as leaders in the great social and political reforms of their day and generation ; as among the foremost soldiers of their time ; as mighty movers of vast business enterprises ; as founders of beneficient institutions ; as scholars and philanthropists. Let them be judged by their works.

ASHLAND .- (See Holderness and Ashland.)

BATH *.- Bela Turner moved from Massachusetts to Bath about 1794. He commenced the practice of law at once. It does not appear that he was suc- cessful in his profession, though possessed of considerable ability and learn- ing. He was an expert penman, and taught penmanship during the latter part of his life. He acquired habits of intemperance, and died at Bath in 1809.

Hon. Moses P. Payson, born in Rowley, Mass., about 1773, was graduated from Dartmouth college, class of 1793. He read law with Alden Sprague, Esq., at Haverhill, N. H., and was admitted to the bar in 1797. He opened an office in Bath in 1798. He did a large and lucrative business, acquiring a handsome competence. He was in his day considered the best presiding officer in Grafton county, being constantly called to preside over deliberative bodies. He represented Bath several years in the legislature, and afterwards in the senate, of which latter body he was made president. He was, at the time of his death, president of the old Grafton bank, and one of the trustees of Dartmouth college. He married Hannah Perley about 1798, by whom he had several children. His death occurred at Bath in October, 1828.

* By Harry M. Morse, Esq.

BENCH AND BAR.

Hon. James I. Swan, born in Haverhill in 1780, was educated at Haver- hill academy, and studied law with Alden Sprague, Esq., and was admitted to the bar about 1802-03, and located in Lisbon, N. H., where he remained till 1807, when he moved to Bath and continued in practice there till his death in 1820, at the age of forty years. He married Elizabeth Sprague, daughter of Alden Sprague, Esq., of Haverhill, N. H., by whom he had several chil- dren, none of whom survived him. Mr. Swan was a man of rare talent, standing among the foremost at the New Hampshire bar. As a jury advo- cate he has been compared with Webster and Choate, without suffering. In- deed, Isaac Patterson told the writer that he once heard Webster and Swan argue a cause as opposing counsel, at Plymouth, and it was generally con- ceded that Swan's argument was the better by far. He was counsel either one way or the other in all the litigation growing out of disputed lines be- tween Lisbon and Franconia, alternately settling and unsettling the bounda- ries. Physically he was a very large and a remarkably handsome man.

Ira Goodall, son of Rev. David Goodall, born in Littleton, N. H., about 1789, went to Bath in April, 1809, and read law with Hon. M. P. Payson, and began practice there in 1814. He did an expensive business for many years. It is said that for quite a period, he entered a larger number of actions than any other practitioner in the state. In 1828 he formed a partnership with the late Hon. Andrew S. Woods, (who had been a student in his office). which continued until October, 1840, when Mr. Woods went on to the bench. Mr. Goodall represented Bath in the legislature two years. He was also made (1857-58) president of the White Mountain railroad. He accumulated a large property, but his connection with the railroad was financially disastrous. He died in Beloit, Wis., about 1865. He left a family of ten children, five boys and five girls.

William Mattocks, born in Danville, Vt., about 1768, was a brother of Gov- ernor John Mattocks, of Vt. He graduated at Dartmouth college in 1793. He was admitted to the bar in 1798, and practiced at Danville and several other places in Vermont, till 1817, when he moved to Bath, where he re- mained in practice till 1820, when he returned to Danville, Vt., and con - tinued there in practice till his death, in 1834.

General Ira Young, son of Colonel Samuel Young, born in Lisbon, N. H., in 1797, studied with Hon. James I. Swan, and was admitted to the bar in 1817. After Mr. Swan's death, in 1820, he took Mr. Swan's office at Bath, and a part of his business, and entered into practice. In 1827 he located in Colebrook, N. H., where he did a successful business for several years. He removed to Lancaster, N. H., about 1838, and did an extensive business there till, his health failing him, in 1845, when he went to Havana, Cuba, where he died November 17, 1845, aged fifty-one years. General Young enjoyed the confidence of a large clientage, and stood among the foremost of the bar in Northern New Hampshire. He was a popular citizen, and a high-toned hon - orable gentleman. He left two sons, Captain Harry D. F. and Richard, both.

GRAFTON COUNTY.

of whom served in the Rebellion, the latter losing his life. He inherited a lively taste for military affairs, his father having been an officer in the war of the Revolution. In 1835, being in command of the 24th regiment, he was designated to lead the expedition to quell the insurrectionary movement at Indian Stream. He was appointed brigadier-general of the 6th brigade, in 1836 and major-general of the 2d division in 1837. His tombstone was erected by his brethren of the bar, and its inscription bears testimony that he stood eminent among them, "both for his courtesy and ability as a lawyer, and his high character for honor and integrity as a man."

Isaac Patterson, born in Piermont, N. H., about 1792, a son of Capt. Isaac Patterson, of that town, entered Dartmouth college at the early age of six- teen, graduating with high honors in the class of 1812. He immediately en- tered the office of Hon. John Russel, of Troy, N. Y., to pursue the study of the law. After about two years he returned to Haverhill, N. H., where, in the office of Hon. Josiah Bell, he completed his legal education, being during a portion of the time principal of the academy in Haverhill. He was admit- ted to the bar in New Hampshire in September, 1817, and at once opened an office in Lyme, N. H. At the end of two years he removed to Bath, N. H., and formed a partnership with Hon. Moses P. Payson, which relation con- tinued for one year. He then, about 1820, opened an office, and continued in the practice at Bath, till 1879, forming no other business connection. He was for ten years a member of the board of selectmen, serving nearly every year as chairman. He represented Bath in the legislature from 1831 to 1834, and was elected town clerk for thirty consecutive years. He did not distin- guish himself at the bar, but did during his early years quite a lucrative office business. He was a fine belles-lettres scholar, and a polished, cultivated gentleman. He lived single and died at Piermont in 1882, the last of his line.

Jonathan Smith, son of Jonathan Smith, was born in Peterborough, N. H., in 1798, nephew of the distinguished Judge Smith, of Exeter. He fitted for college at Exeter, and graduated at an early age from Harvard university. He read law with Governor Lincoln, of Worcester, Mass. In 1825 he opened an office in Lisbon, N. H., where he practiced for two or three years, when he removed to Bath, and formed a partnership with Hon. M. P. Payson, whose daughter he married, and by whom he had four children-one daughter and three sons. His wife died in 1838, at the age of twenty-eight years. Mr. Payson died in 1828, after which Mr. Smith continued practice until about 1836, when, his health failing from over-application to business, he went abroad for about one year. He died in Bath, August 10, 1840. He occupied a distinguished position at a bar where Joseph Bell, Ira Goodall, Josiah Quincy, Leonard Wilcox, Andrew S. Woods, Ira Perley, and others hardly less distinguished, were leading practitioners. His legal arguments were models of calmness, precision and force. Chief Justice Richardson once re- marked that Mr. Smith presented all the qualities to constitute an eminent judge. He was very popular in the community, and enjoyed an enviable reputation for integrity and square dealing.

BENCH AND BAR.

James Trask Woodbury, son of Peter Woodbury, and brother of Hon. Levi Woodbury, born in Francestown, N. H., came to Bath and opened an office in 1827, and practiced there some two or three years. Becoming deeply in- terested in religious matters, he abandoned the practice of law and began the study of the Gospel. He was settled as pastor of the Congregational church in Acton, Mass., about twenty years, representing the town once or twice in the state legislature. About 1851, he removed to Milford, Mass., where he died a few years later.

Benjamin Bordman came to Bath, from Massachusetts, in February, 1828, and formed a partnership with Ira Goodall, which continued but a few months, when he disposed of his interest to Andrew S. Woods, and left Bath the fall of the same year. Where he located it has not been possible to ascertain.

Andrew Salter Woods, son of Andrew Woods, born in Bath, 1803, was the first native of that town to enter the legal profession. He graduated at Dart- mouth, in 1825, and immediately began the study of the law with Ira Good- all, Esq., gaining admission to the bar in October, 1828. He entered into partnership with Mr. Goodall, and with him did a large and successful busi- ness, till October, 1840. He was then appointed associate justice of the Supreme Court. This office he held till March, 1855, when he was appointed chief justice. Upon the re organization of the court about a year later, he resigned and resumed practice. In June, 1859, he formed a partnership with his son Edward, and with Harry and George A. Bingham, under the firm name of Woods & Bingham. The firm had two offices, one at Bath, where Judge Woods and George Bingham were located, and one at Littleton, man- aged by Harry Bingham and Edward Woods. This partnership was limited to two years. At its expiration in June, 1862, Judge Woods and his son Edward formed a partnership which continued till Judge Woods's death, which occurred in June, 1863, of Bright's disease. He married Eliza Hutchins, daughter of James Hutchins. Seven children were born-Eliza Isabella, born November 1, 1830, who is the wife of Hon. George A. Bingham ; Rebecca Newell, born February 22, 1833, the wife of T. J. M. Smith, of Boston, Mass .; Edward, born October 24, 1835; Katherine Jane, born September 25, 1837, died of consumption in May, 1860; Harriet Jameson, born July 5, 1840, died of consumption in September, 1863 ; Helen Adelaide, born December 22, 1842, died in March, 1843 ; Andrew Salter, Jr., born March 1, 1845, died September 26, 1847.

John L. Carleton, born in Bath, N. H., son of Ebenezer Carleton, of that town, took his preparatory course at Exeter N. H., and entered Dart- mouth college in 1827, and led his class throughout his college course, and graduated with the highest lionors, in 1831. He studied his profession in the office of Henry Morris, of Buffalo, New York, and at the Yale Law school. He was admitted to the bar in New Haven, Conn., in July, 1831. He then came to New Hampshire and began practice at Bath in November of the same year. He is still living in Bath, but has been out of practice for several years. He married Lucretia, daughter of Ira Goodall, Esq.

GRAFTON COUNTY.

Moses P. Payson, Jr., only son of Hon. Moses P. Payson, born in Bath in 1806, graduated at Dartmouth college in 1829, studied law at the Cambridge Law school and with Hon. Joseph Bell, of Haverhill, and began practice in Bath in 1832. He left Bath in 1837. After some time he resumed practice in New york city. He died there in the spring of 1854, of consumption, at the age of forty-seven.

George W. Hutchins, born in Bath, 1809, was in Dartmouth college two years, read law with Goodall & Woods, and went to the bar in 1835. He at once formed a partnership' with J. Smith, and continued in the practice till his death which occured August 4, 1839, at the age of thirty.

Harry Hibbard son of Hon. David Hibbard, was born in Concord, Vt., June 1, 1816. He entered Dartmouth college in 1831, at the age of fifteen, and graduated in class of 1835. He studied law with General Isaac Fletcher, of Lyndon, Vt., and with Governor Williams, of Lancaster, N. H. He was ad- mitted to the N. H. bar in 1838 or '39, and opened an office in Bath, and at once became prominent in his profession. He was assistant clerk of the N. H. House of Representatives, and clerk of the same body in 1840, '41, '42. He represented Bath in the state legislature, in 1843, '44, '45. He was speaker of the House in 1844-45. He was state senator in 1846, '47, '48, and president of that body during the last two years. Mr. Hibbard was a courteous dignified presiding officer, and a skilled parliamentarian. In 1848 he was delegate to the Democratic national convention which made General Lewis Cass, of Michigan, the presidential candidate of the party. The following year, 1849, he was elected to represent his district in the lower house of Congress, and re-elected in 1851 and 1853. He was prominent in the House as a debator, and was frequently called to the chair ; he served on the ways and means com- mittee during the whole six years. He was the candidate of his party for United States senator in 1846, when but thirty years of age. In 1854 he was again candidate. Upon the accession of his friend Franklin Pierce to the presidency, he was tendered several positions, all of which were refused. At the expiration of his Congressional term in 1855, he returned to Bath, and re- sumed the practice, doing an extensive business. He was appointed to a seat on the bench of the Supreme Court of the state, but his declining health pre- vented his acceptance. Several fugitive pieces, both prose and verse, from his pen, disclosed literary talent of a high order. In 1848 he married Mrs. Sarah Hale Bellows, daughter of Hon. Salma Hale, of Keene N. H. He had several children, none of whom lived to attain their majority. After a painful and protracted illness he died, July 28, 1872.

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Gazetteer of Grafton county, N. H. 1709-1886, Part 7

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