USA > New Hampshire > Merrimack County > Concord > History of Concord, New Hampshire, from the original grant in seventeen hundred and twenty-five to the opening of the twentieth century, Volume II > Part 29
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The object of the association as set forth in its articles of incorpo- ration is " To establish and maintain hospitals and homes and other- wise aid and assist worthy and dependent women and children who
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MEMORIAL HOSPITAL FOR WOMEN AND CHILDREN.
wish to be under the care of women physicians and attendants." Steps were at once taken to raise funds for the founding of such a hospital in Concord. Such immediate success attended the efforts of the promoters that within a year the trustees felt justified in erect- ing or purchasing such a building. Among those interested in the enterprise was Mrs. Vasta M. Abbott, residing at No. 66 South street, who contemplated surrendering her home for this purpose and donat- ing it to the association. Before the papers could be made, she was stricken with a fatal illness and her benevolent design was not car- ried out. The location, however, was considered so desirable by the trustees that they purchased the estate September 23, 1896, at an expense of seven thousand dollars. Funds in the treasury enabled them to pay in cash five thousand dollars, and they gave a mortgage for the remainder of the purchase price. Some immediate changes had to be made in the house; but with friends contributing to the furnishing of it, it was ready for occu- pancy October 10, 1896, and on that day the first patient was admitted. The hospi- tal was comfortably filled from almost the start, and January 1, 1897, all the beds were occupied. Applications continued to increase until it was seen that the building must be enlarged. A meeting of the trus- tees was called for May 10, 1897, to see what action must be taken to make the hospital more commodious and more con- N. H. Memorial Hospital for Women and Children. venient. Even thus early, the Woman's Hospital Aid association had paid all bills for repairs and furnishing. At the same time, aid had not been refused to any who sought relief in the institution,- a marvelous record for a hospital without endowment. It was voted to enlarge the building, and the work of remodeling was begun the last of May. Over nine thousand dollars were thus expended, and by August the hospital was again reopened for patients.
The income of the hospital, aside from the charges collected of its paying patients, is derived from general contributions, specific gifts and bequests, the payments for membership in the association and the income from such gifts and bequests as are donated to specific funds. The payment of one hundred dollars constitutes a patron member, of whom there are eleven ; twenty-five dollars, a life mem- ber, of whom there are forty-two; ten dollars, a memorial member, of whom there are twenty-eight; and the payment of one dollar annu- ally, an annual member, of whom there are one hundred.
The hospital had been in operation six years on the first day of
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HISTORY OF CONCORD.
September, 1902, and during that period had cared for five hundred and forty-two different patients. They have come mainly from all parts of New Hampshire, though some have been received from other New England states.
A training-school for nurses was started October 1, 1897, and is under the instruction of Miss Esther Dart. The course is two years, and embraces personal instruction and lectures by Concord physi- cians. There have been eight graduates of the school.
This account would not be complete without a brief reference to Dr. Julia Wallace-Russell. It is nearly a quarter of a century since she opened her office in Concord. She was one of the first women physicians in New Hampshire, and one of the first two to be admit- ted to the New Hampshire Medical society. Her coming was at the solicitation of the late Dr. Albert H. Crosby, and she was personally welcomed to the profession by Dr. Granville P. Conn. It was with many misgivings that she settled in her native state, but in her long, successful career she has received most courteous treatment from physicians of the other sex. She has been visiting physician at both the Margaret Pillsbury hospital and the state hospital, and at both institutions she has delivered annual courses of lectures before the nurses' training-school. If she had done nothing more than to found the woman's hospital, her coming would have been a welcome addition to the citizenship of Concord, but her private benefactions have kept pace with her public work, and she has given cheer to many a household. Her successful practice and teachings for the benefit of her sex have placed her as a leader among the medical pro- fession.
CHAPTER XXVII.
BENCH AND BAR.
CHARLES R. CORNING.
There is little save tradition in the early history of Concord's bench and bar. Even after the eighteenth century was far advanced there can be found only the most meager of annals and anecdotes and official records. It was not until Concord had become a promising commercial center that the rise of that professional calling which has had so much to do with the development and progress of the town is seen. While Concord remained a part of Rockingham county it had slight influence in the legal profession ; the courts were held at Ports- mouth and Exeter, places as far away in point of time as Lancaster and Colebrook are to-day. And yet Concord had both a represen- tative on the bench and a well-known lawyer at the bar as early as the Revolution. Timothy Walker, Jr., has the distinction of having been Concord's first judge, and contemporaneous with him was Peter Green, Concord's first lawyer. These two men were leaders in their time, and well known throughout the state. Timothy Walker, Jr., only son of Timothy Walker, Concord's first minister, was born in Concord, or Rumford as it was then called, in June, 1737. Graduat- ing at Harvard in 1756, he at once began the study of theology, was ordained, and preached for several years.
When the Revolution broke upon New Hampshire Mr. Walker was in trade at the North end, but this he relinquished, and espousing the patriot cause devoted his energies to the service of his country. Few received higher honors or deserved them more than Timothy Walker, Jr. Untiring in the discharge of duty, he was, during the course of the war, a soldier, a financier, a member of provincial congresses, a dele- gate to the congress at Philadelphia, one of the Committee of Safety, three times a member of our constitutional conventions, a paymaster in the army, and finally a judge of the court of common pleas for his county. This office he held from 1777 to 1809. To enumerate the offices held during his long life would be to describe the civil govern- ment of the state, for so wide was his acquaintance and so well estab- lished his ability that not only his townsmen but his friends in other sections kept his name constantly before the people. As a citizen
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HISTORY OF CONCORD.
of Concord his name is held in the highest esteem, for he was dis- tinctively a pillar of society. It was owing to his persuasions that the legislature began holding sessions in Concord, and his life was spared long enough to see his native town the settled capital of the state. Socially, as well as politically, Judge Walker was the leader of his time; his interest in local matters was all-absorbing, and his activity embraced banking, town affairs, musical associations, bridge building, a public library, in fact everything tending to promote the welfare of Concord and its inhabitants. Dwelling on the paternal acres, his love of farming was advantageously shown, and in the ancient house built by his father he departed this life in May, 1822.
Whatever distinction belongs to primacy at the bar must be ac- corded to Peter Green, a native of Worcester, Mass. His birth is given as of 1746. After studying in the office of Samuel Livermore in Londonderry, Mr. Green came to Concord in 1767, and here he passed his life. Peter Green was no ordinary man, and his impres- sion upon the community was deep and long sustained. His career was interesting in its varied phases, and it might not be difficult to construct out of anecdotes and incidents connected with this man a character both picturesque and original. It is on record that during the Revolution his conservatism was mistaken for disloyalty, and he became a prisoner of state. Mobs surrounded his house, and Sons of Liberty left the marks of stones on its shutters. Suspicions in those times quickly suggested action ; and the Concord town-meeting, in March, 1777, voted that the parish have no dealings with Peter Green until he give satisfaction of his loyalty, and it further voted to re- quest the courts to disbar him. In all probability Green's offense started in some indiscretion of speech, and passing from mouth to mouth was perverted and magnified until the rankness of treason clung to him. Yet in 1776 the name of Peter Green was fourth on the Association Test.
During the remainder of his life was a leader in social and public affairs ; he set the fashion, and rode about in that vehicle of aristoc- racy, a chaise, and he led the subscription towards erecting a build- ing for the general court, putting down a fifth of the whole amount. His residence stood upon what is now the state house park, and there he entertained his townsmen and distinguished visitors. In 1785 and 1786 he represented Concord in the legislature; in 1787, 1789, and 1790 he was a state senator, and in 1788 he sat in the council. He died in Concord the 27th of March, 1798.
While Concord was by no means a promising field for lawyers dur- ing the eighteenth century, and its roll of attorneys is brief, yet there came to the village several students who studied here and made their
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BENCH AND BAR.
mark in later years. The influence of Peter Green was evidently stimulating; for in his office, at different times, were his brothers Nathaniel, Gardner, and Samuel. Then in 1783 there settled in Concord one of the famous Livermore family, Edward St. Loe, and soon after came his brother Arthur. Both became judges. Their stay in Concord was not long, only a few years. Among the students in Mr. Livermore's office was Arthur Rogers, son of the celebrated Robert Rogers, the ranger. In 1793 Rogers opened an office here only to be closed in a year or two.
Earlier than any lawyer save Peter Green was Stephen Scales, a son of James Scales, an old resident of Concord. Mr. Scales practised here in 1770 and 1771, when he took up his residence in Massachu- setts.
Another eighteenth century lawyer was Charles Walker, son of Judge Timothy, Jr., born in Concord, 1765, was graduated from Har- vard in 1789, and began practice in his native town a few years later. Mr. Walker was Concord's second postmaster in 1801, and from 1806 to 1808 he served as solicitor of Rockingham county.
The judicial system at this period was far from exact, the laws were loosely administered, the people distrusted both bench and bar, litigation was prodigiously expensive and shamefully prolonged. In some instances the judges were taken from farms and non-professional employments, and in but few cases were the places filled with men learned in the law. Up to 1813 the condition of our courts was a burning shame to our intelligence. Three different courts held sway. There was the county court, known as the court of general sessions of the peace, composed of all the justices of the peace in the county. Until 1789 this tribunal held four terms each year, and it was not unusual to behold from twenty to forty unlettered and self-satisfied quasi jurists sitting in banc. After that year this aggregation of mischief and misinformation was curtailed as to its sessions, but not as to its absurd membership. Then there came the inferior court of common pleas for each county, consisting of a chief justice and four associates. This court had jurisdiction of civil actions when the dam- ages did not exceed twenty pounds and when the title of land was not in question. Lastly came the superior court of judicature, con- sisting of a chief and four associates, whose salaries were respectively one thousand five hundred dollars and one thousand two hundred dollars. From time to time certain changes were made in these courts, but no real reform was attempted. Jeremiah Smith, one of the purest of men and a most accomplished lawyer, was chief justice, but so prejudiced were the people respecting the judiciary that the recommendations so often urged by him were a long time unheeded.
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HISTORY OF CONCORD.
In 1813 a political upheaval remodeled the bench, and three years later another upheaval remodeled it again. The legislature now took the subject in hand, and succeeded in partly re-establishing the rusty old system and in partly creating a new one. Nobody pre- tended to be satisfied, but it so happened that about that time William Plumer was governor, and few public men had a better appreciation than he had of what the judiciary should be or a higher or more independent method of selecting judges. With the estab- lishment of the judiciary in 1816, really begins the bench and bar history of Concord. The superior court of judicature was consti- tuted thus : Chief justice, William M. Richardson ; associates, Sam- uel Bell and Levi Woodbury ; while the court of common pleas con- sisted of two chief justices and twelve associates.
In 1816 there practised in Concord seven attorneys, to wit: Samuel Green, Charles Walker, Moody Kent, Samuel A. Kimball, William Pickering, Samuel Fletcher, and Thomas W. Thompson. This was a distinguished set of men to find in a town without a judge or a court house, and a full day's journey from the county records. The first of these, Samuel Green, was born in Concord the 7th of March, 1770, attended Phillips academy, Andover, entered college, but soon left and began the study of law in the office of his brother, the redoubtable Peter, and was admitted to practice in 1793. He made law his calling, and with three terms in the legislature, -1806, 1807, and 1808,-he was done with politics. His industry seemed better adapted for others than for himself, for in his own affairs there were lacking sagacity and prudence, and he remained far from rich. Among his property was a large estate, with a commo- dious dwelling, situated on Pleasant Street hill, part of which is now occupied by the Home for the Aged.
In 1819, when Judge Bell left the superior bench to become gov- ernor, one of his first official acts was to appoint Mr. Green as his successor. Twenty-one years later Judge Green having reached the age of seventy years, retired, followed by the sincere and profound respect of his associates and the public. In 1832 Judge Green moved to Hopkinton, and at the end of his term on the bench went to Washington, where he received a clerkship under the government, and there he died, the 22d of March, 1852.
Moody Kent was long a familiar name, not only in Concord, but throughout New Hampshire. He was born in Newbury, Mass., the 22d of April, 1779, was graduated at Harvard, 1801, and eight years later came to Concord. Well-to-do by inheritance, a genius for accu- mulation attended him and he died the wealthiest lawyer at the Con- cord bar. His professional career extended through more than a score
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BENCH AND BAR.
of years, his clients were numerous, and his cases well conducted. Wealth was his goddess, and few men ever wooed her more persist- ently. Unmarried, with scant expenses, he could almost hear his money grow. Retiring from practice in the early forties, he passed the remainder of his days in looking after his numerous investments, which reached a quarter of a million dollars at the time of his death in 1866. Among his bequests was a splendid legacy of one hundred and fifty thousand dollars to the Asylum for the Insane.
Samuel Ayer Kimball was Concord born, his birthday being the 3d of March, 1782. He was an alumnus of Dartmouth, 1806, and began practice in Concord about 1816. He served as deputy secre- tary of state, 1813, 1814, and 1815, was clerk of the senate, and in 1832 a member of the house. Professionally he was not a leader, his business was rather with estates than at nisi prius. His death occurred the 16th of October, 1858.
William Pickering, whose name appears among Concord attorneys at this period, can hardly be classed as such, inasmuch as he came here first as private secretary to Governor Langdon, becoming subse- quently deputy secretary, and from 1816 to 1829 treasurer of the state. However, he was a welcome addition to the society of the town, and his name was long held in affectionate remembrance after his departure to Greenland, which was ever after his home.
Among the strong individualities then, and for years after, at the bar was Samuel Fletcher. He was essentially a man of business, and withal a stout churchman. Born in Plymouth the 31st of July, 1785, graduating at Dartmouth, 1810, he studied in Concord with Samuel Green, and began practice in 1815. His was a full and busy life, never brilliant nor imposing, yet consistent and methodical, inviting confidence and satisfying expectation. An earnest member of the Congregational church, he was a founder of the present South society and continued until the end of his days a leader in its affairs and a militant Christian on all occasions. Many were the stories told of his lofty bearing and ex-cathedra manner, his autocracy, and his notions of church primacy. He was legal adviser to the Theocracy of his time. He was also editor of a religious newspaper called The Concord Observer, and from 1842 to 1850 he resided in Andover, Mass., as treasurer of the theological seminary and of Phillips acad- emy. Politically, two terms in the legislature satisfied him, and therc- after he took merely a passing interest in affairs of state, though in town matters he was one of the leaders. He died the 28th of Octo- ber, 1858.
In Thomas W. Thompson Concord had a leader in more ways than one. Born in Boston the 10th of March, 1766, a graduate of
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HISTORY OF CONCORD.
Harvard in 1786, he began his professional life in the neighboring town of Salisbury in 1794. He soon had a large practice, limited by no means to his town and county, but extending over the state. Political honors came to him, and after a term as solicitor of Hills- borough county, he was chosen to congress in 1805. In 1807-'08 he represented Salisbury in the legislature, then he served as state treasurer, removing to Concord in 1809. From that year to his death, in 1821, he made his home in this town. Thrice he was in the legislature from Concord and was speaker 1812-'13. In 1814 he was chosen a senator in congress for three years to fill out an unexpired term. His interest in Dartmouth was shown in his long trusteeship of twenty years, and more signally shown by his opposi- tion to the famous university scheme. Educated, agreeable, a man of the world, shrewd, cautious, and saving, Mr. Thompson exerted a deep influence in the community, and may well be described as one of Concord's most famous citizens.
At the beginning of the second decade of the nineteenth century the increasing population, the growth of commercial relations, and the accumulation of wealth, not only in Concord but in the neighbor- ing towns, called for the formation of a new county. Inconvenience had become injustice, and the subject could no longer be postponed. But the opposition to the movement was stubborn and prolonged. Hillsborough and Rockingham counties were affected, and from them arose the most strenuous efforts to thwart the plans of those asking for the new political division. During the legislative session of 1821, the county debate let forth a flood of speeches, but without success, as the bill was indefinitely postponed. At this period of the contest it was proposed to call the new county Kearsarge, but by the fol- lowing year Merrimack had superseded it, and so a suggestive and attractive name was lost.
Isaac Hill was a state senator, and to his exertions a good share of the final victory is attributable ; although in the house of repre- sentatives Ezekiel Webster championed the measure in speeches of exceeding logic and persuasiveness. At length, after successive de- feats, the bill passed in the June session of 1823, the vote in the house standing one hundred and ten yeas, eighty nays, and in the senate, nine yeas to three nays. Politically, the Merrimack county question had important results, for it was a factor in electing Levi 'Woodbury governor over the regular nominee of the party, and this in turn led to the appointment of John Harris of Hopkinton as Judge Woodbury's successor on the superior bench. Thus it happened that the new county had two of the three judges of the state's highest court, Samuel Green being already a member. The elevation of
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BENCH AND BAR.
Judge Harris made a vacancy in the probate judgeship which Gov- ernor Woodbury filled by the appointment of Samuel Morril of Con- cord.
Besides the names already mentioned as comprising the bar of Con- cord, the roll of attorneys in 1823 included the following names: Amos A. Parker, George Kent, Richard Bartlett, and William C. Thompson. Mr. Parker was an editor rather than a lawyer, and as such he was identified with Concord only a short time; he soon went elsewhere, and at the time of his death had nearly reached the age of one hundred years. George Kent, son of William A. Kent, a distin- guished citizen, was born in Concord the 4th of May, 1796, was grad- uated at Dartmouth, 1814, and opened an office here where he contin- ued practice for a number of years. For twenty years he was cashier of the Concord bank (the lower bank), but reverses came, and about 1840 Mr. Kent took up his residence in Boston. Socially he was a leader, and his house was noted for its refined hospitality. In another chapter of this history will be found an account of the mob that visited his house in quest of George Thompson and John G. Whittier, the abolitionists. Richard Bartlett was a native of Pem- broke, was graduated at Dartmouth, and began practising his profes- sion in Concord in 1818. He was known as a scholar and antiquarian rather than as a member of the bar, and he left no lasting mark on the legal annals of his time. William C. Thompson, son of Thomas W., was a well educated man, a lawyer of attainments, and a citizen of sterling worth, but his sojourn here was brief, and Plymouth gained what Concord lost.
During the summer of 1823 there appeared this notice in the Patriot :
The Justices of the Superior Court will meet at the State House on Wednesday, 20th. August, for the purpose of fixing the limits of the jail yard at Hopkinton.
(Signed) WILLIAM M. RICHARDSON. SAMUEL GREEN.
This may seem strange, but it must be borne in mind that at that time Hopkinton was an important place, its population was rising two thousand four hundred, only a few hundred less than Concord, the courts had sat there, and so had several sessions of the legisla- ture. The influence of the town was strong, and competed with Con- cord for the new county capitol. Although Concord was made the shire town, the jail was kept in Hopkinton until 1852. Following the precedent of the state house location, the legislature affixed to the act creating Merrimack county a condition that there should be erected and furnished in Concord without expense to the county,
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HISTORY OF CONCORD.
previous to August 1, 1823, a suitable building to the acceptance of the justices of the superior court of judicature for the accommodation of the court, and this condition was faithfully carried out by the town and by private contributions. The town house was remodeled and enlarged, and on the second day of January, 1824, was opened for the first session of the court. It was indeed an occasion marking the beginning of the brilliant and interesting annals of Concord's legal and judicial history. The three justices of the superior court were present, attorneys from every county save Coos sat within the bar, while the public seats were filled with spectators representing the social and business life of Concord and its vicinity. The first term continued some time. Cases were transferred from the Rock- ingham and Hillsborough dockets to the number of ninety-eight; while the entries of new actions reached three hundred and seventy- four. Several prisoners were sentenced to the state prison, and the grand jury found thirteen indictments. The first case tried seems to have been that of Runnels vs. Bullen. This was a Concord case, involving certain water rights on Turkey river, and had been before the court several times. Samuel Fletcher appeared for the plaintiff, and Richard Bartlett for the defendant.
In August the court met again, when the docket was enlarged by more than three hundred new entries. A contemporary newspaper, the Register, had this to say of the court: "The summer term hap- pens at a busy time of year and the crowds are less, but we are satis- fied that Concord is destined to become the great legal thoroughfare of the state. The central situation of the place, the easy and fre- quent communication with it, its vicinity to the residences of the Judges, are favorable circumstances. Here also resort, in attend- ance upon the Court, the most distinguished counselors from our other counties, and one in particular from a sister state whose powers of argument and force and elegance of diction already place him in the first order of forensic orators in her great Capitol." This had reference to Daniel Webster, who in those days was a not infrequent visitor at the Merrimack county bar.
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