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 33
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here he died. In July, 1856, Mr. Perkins was appointed judge of probate and held the position until 1871. He came into office. by means of a political overturning, and by the same means he went out. Judge Perkins evinced no ambition to practise law,-the details and drudgery were alike alien to his nature,-so he passed his years in more agreeable pursuits, and in social intercourse with his fellow- men. His death occurred the 6th of January, 1886.
The attractions of Concord as a residence for judges was shown in the case of Jonathan Kittredge, who at once moved here on his appointment as chief justice of common pleas in 1855. He was a native of Canterbury, his birthday being the 17th of July, 1793. After graduation at Dartmouth, 1813, he began professional life in New York city. A few years later he opened an office in Canaan, where he continued practice until his elevation to the bench. In politics he was more than a local leader, for his successive terms in the legislature gave him a wide acquaintanceship. In 1855 the judi- cial system of New Hampshire was completely changed, two courts being established, the supreme judicial and the common pleas, and of the latter Mr. Kittredge became chief. His career, however, on the bench was comparatively brief, for four years after receiving his com- mission the court was legislated out of existence. Judge Kittredge was a man of strong will, of energy and forth-putting, brusque, yet not harsh, a man of convictions with the courage of assertion. As a lawyer he ranked well; he bestowed research on his work and gave his best to his clients. As a judge his opinions carried weight, for they were the results of investigation and logical application of the law. He died on the 8th of April, 1864.
As strong a lawyer and as noteworthy a citizen as Concord ever produced was John H. George. He was a native of Concord, his birthplace being in the house now occupied by his son and daughter. The date of his birth was the 20th of November, 1824. Having in his youth many advantages, for his father was long a leading man of the town, Mr. George received a good start in life, and in 1840 entered Dartmouth. He did not, however, graduate with his class, but the college conferred the usual degree in after years. At once beginning the study of law under the more than friendly direction of Franklin Pierce, he was equipped for practice in 1846. But the young student had studied something besides law; he had absorbed political lore as well, and he speedily became a politician and lawyer of remarkable force and originality. Thenceforth to the close of his career Colonel George mingled law and politics as few of his contem- poraries had ever done, or ever could do, and strangely, too, this divided devotion in no wise impaired his great success as a lawyer.
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His professional advancement was rapid from the beginning ; clients sought him, and he soon had his pick of the best and most desirable. It would not be unfair to attribute some of his success to his close association with General Pierce, yet so strong was his personality, and so compelling his nature, that a large clientage must have been his in any event. He was well fitted for success in any field of pro- fessional or public endeavor, for he was endowed with a strong mind, great health, and vigorous activity. In 1847, 1848, and 1850, he was clerk of the senate, and from 1850 to 1855 solicitor of Merrimack county. During this period Colonel George received the appointment of United States district attorney at the hands of his friend in the White House, and held the office until the Buchanan administration named Anson S. Marshall as his successor. These comprised all his publie offices. Firmly impressed with the tenets of the Democratic party, the vast upheaval of war times never changed his fealty ; and so, with superior qualifications for public service, he lived and died a private citizen. Party nominations were accorded him when success was beyond his reach, but when party rewards were distributed not one fell to him.
Among his townsmen and throughout the state he was rated at his worth and highly appreciated. But enemies he made, and he gener- ally kept them. Strenuous in all he did or said-and no man in his generation did or said more things-he sometimes hit too hard for forgiveness, yet he was not an unwilling forgiver himself. It was in the way he did things that he showed his title to be called an original and sturdy personality. He welcomed contention, and there was no fight not to his liking. In the court-room, on the platform, or before a committee, his style and manner were the same; there was no act- ing, no apologies, nothing but a strong and impulsive nature fighting for victory. He was masterful in having his own way and detesting compromises, and his way was, in his judgment, the only way. Some- times he caused scenes in court-rooms, especially by his anger provok- ing method of examining witnesses, or by his exuberance of state- ments to counsel and jurymen. His presence in a trial was the signal for a crowd of spectators, and he rarely disappointed expectations. His audacity and pugnacity were peculiarly his own, and he exhibited them with vehement picturesqueness on all occasions. With a frank- ness always prominent his speeches were replete with the plainest of words, no matter what the occasion might be. He never trimmed his sails or changed his course, but kept straight on to the desired end. What he lacked in discretion he made up in carnestness ; there- fore he was often at his best in assault. The prudence of defense did not always come natural to him; he preferred the bold and
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aggressive tactics of unrestricted attack. But his knowledge of humanity was so deep, and his professional resources so ready, that some of his best results, after all, came from his defense in crimi- nal cases. A student he never was, books never appealed to him, yet long practice had made him a power before any tribunal. He was adroit in his methods and convincing himself of his cause, he used every endeavor to convince others.
In railroad matters he was an authority, so in 1867, when he assumed the legal business of the Boston & Lowell system, he was already an accomplished corporation lawyer. In the great railroad litigations of Massachusetts and New Hampshire he bore a foremost part, being considered by all a consummate master of the subject. Another trait he possessed was sociability, for a more hospitable man never lived in Concord. His home was always open, and his guests comprised the distinguished men of the day. Fond of his farm, he spent his means freely in flocks and herds, which he considered the best of his belongings. In Concord affairs Colonel George manifested the deepest interest ; in the public schools he had a pride; in all things having for an end the welfare of his native place he never, to the close of his life, turned an averted face. Sometimes indiscreet and often exasperating, yet he so balanced his conduct as to continue on good terms with his fellow-citizens, who recognized his warm heart and companionable disposition.
During his career he delivered many addresses comprising various topics, and he never failed to instruct and enlighten. When the 5th of February, 1888, came, and men learned that Colonel George was no more, not one but felt that Concord had lost a loyal son and a pillar of strength.
Another lawyer of this period, prominent and popular, was Anson S. Marshall. With Mr. Mugridge and Colonel George he was in almost constant antagonism, for among them were divided nearly all the important litigations of the time. Mr. Marshall was born in Lyme the 3d of December, 1822, and was graduated at Dartmouth in the class of 1848. For three years he taught school in Fitchburg, studying law in the meanwhile, and then coming to Concord entered the office of Pierce & Minot. There he learned both law and prac- tice, and practical politics as well. In 1852 Mr. Marshall formed a partnership with Henry P. Rolfe, and eleven years later associating with himself William M. Chase, the well-known firm of Marshall & Chase was formed, which continued up to the day of Mr. Marshall's death. To this office business was attracted in ever-increasing vol- ume until the firm became one of the leading law partnerships in the state.
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Following his strong bent for politics Mr. Marshall gained a prom- inent place in Democratic councils, and retained it through life. Elective office under existing conditions was beyond his reach, his only position of that kind being the clerkship of the house of repre- sentatives in 1854, but in 1858 President Buchanan appointed him United States district attorney, and he held the place until the con- ing in of the Lincoln administration. In the grave questions arising out of the Civil War he manifested a deep and active interest, and frequently spoke in the exciting campaigns. But with all his activity in public affairs, he never suffered his professional career to be im- paired in the least. Law was always his first consideration. He practised rather more than he studied law, yet his careful preparation of cases was admirable. Attentive to the details of faets, his pres- entation to the court and jury was of a high order of excellence. As a lawyer he was noted for skilful and searching examination of wit- nesses, and for strong and persuasive advocacy. His readiness of speech combined with lightness of touch and stinging sarcasm made his addresses very taking with jurymen as well as popular with audiences.
Mr. Marshall possessed an active and acquisitive mind singularly enriched with the love of literature which was generously shown in speeches and social intercourse. As a citizen he was held in esteem by all classes, making friends by his sympathetic and attractive personality. For many years he was elerk of the Concord Railroad, and took an active part in the opening contests of the protracted railroad fight that once convulsed the state. Love of nature and a warm appreciation of her beauties were among his salient character- istics, and few knew better than he the picturesque charms surround- ing his adopted city. Indeed, it was this very love of the delights of outing that led him to his untimely end. Accompanied by Mrs. Marshall and his young son, now Anson S. Marshall, of this city, he sought the delightful shores of Long pond on the 4th of July, 1874. Unseen by Mr. Marshall, a militia company had encamped not far away, and some of the men began firing at a target. Hearing shots whistle above his head, Mr. Marshall rose to his feet to investi- gate, when a rifle ball penetrated his abdomen. A few hours later, in the carly morning of the following day, he died in the little house then standing at the head of the lake.
One of the most distinguished looking as well as one of the best general practitioners of the period extending from 1860 to the time of his death in 1884 was John Y. Mugridge. Nature had been gracious in bestowing upon him a noble figure and a dignified de- portment, together with a generous disposition quickly sympathetic
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to suffering and injustice. His wit and humor were as constitu- tional as his attractive personality. No lawyer was more popular among his associates nor was any citizen more esteemed. than Mr. Mugridge.
He was born in Meredith the 15th of April, 1832, and received an academy education. He became a resident of Concord in 1853, and entered the office of Asa Fowler as a student, but he had previ- ously studied for some time with the most famous legal wit of his day, Colonel Whipple of Laconia. Mr. Mugridge was admitted to practice in 1854. Although the bar at that time was distinguished by strong lawyers, he soon gained a standing and passed rapidly onward to success. From 1861-'68 he was city solicitor, and the experience he received during that turbulent period of Concord's history was of signal advantage in his profession. While manifesting but slight personal interest in politics, it was inevitable that a man of Mr. Mugridge's ability and acquaintance should hold office ; accord- ingly he served in the legislatures of 1862, 1863, and 1875, and in the senates of 1868 and 1869, being president the last year. Law, especially the trials of cases, was distinctively his passion, and there- in he certainly excelled.
For many years Mr. Mugridge was unquestionably the foremost trial lawyer in New Hampshire, engaging in more contested jury cases than any of his contemporaries. He was a great cross-examiner and a remarkably effective advocate. As a learned lawyer his place was not high, for he was not a reader of books beyond those of a profes- sional nature. But he never appeared superficial in what he did: he knew by instinct what to say and what to conceal. No lawyer had more students around him than he had, and one year the number rose to seven. He always had a welcome for them all : a joke if pos- sible, or some pertinent story to illustrate their shortcomings or pecu- liarities. The consequence of this was a bond of fealty between him and the young members of the bar, who at the first sign of trouble immediately sought his advice or retained his services. In the matter of his partnerships he was fortunate, for both Josiah Minot and Colonel Tappan were strengthening influences in the way of complementing his own abilities and capacity. Mr. Mugridge was a hard worker, testing his vitality on all occasions, and keeping noth- ing for himself. Negligent of holidays and averse to vacations, he toiled on, unsuspecting his limitations, until the quick, unyielding summons overtook him. With a suddenness altogether shocking to his associates and the public, his last hours were upon him, entailing barely a week of suffering when he passed away. His death oc- curred the 14th of April, 1884, in the midst of a busy term of
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court in which his services had been retained on one side or the other of more than half the cases.
In the remarkably equipped firm of George, Foster & Sanborn, the junior partner was endowed with mental abilities that in no de- gree suffered in comparison with the acquirements of his seniors. Charles P. Sanborn was a born lawyer. His mental operations were of bewildering rapidity, his logical assimilation of law and facts was precise, and his oral presentation of his case to court or jury was most admirable. With a mental vision exceedingly clear, he made things clear to others, leaving nobody in doubt as to his meaning. Mr. Sanborn was born at Concord the 12th of September, 1834. Entering Yale in 1852, he remained three years, thus losing the distinction of being graduated in one of the most illustrious college classes on record,-Yale, 1856.
Mr. Sanborn then began the study of law with Henry A. Bellows, who afterwards became his father-in-law, and in 1860 he was ad- mitted to the bar. He at once joined the firm composed of John H. George and William L. Foster, and was soon engaged in large prac- tice. In 1867 Colonel George accepted the solicitorship of the Boston & Lowell Railroad, and two years later Mr. Foster went on the supreme bench, thus ending the partnership. Thereafter alone or in company with Warren Clark, Mr. Sanborn continued his prac- tice until failing health a few years before his death compelled his retirement. Political preferment seemed natural in his case, and it was his own disinclination that stood between him and high honors. In 1862 and 1863 he was a member of the legislature, and again in 1875 and 1876, when he served as speaker of the house. As a presiding officer Mr. Sanborn achieved wide reputation, and proved to all his peculiar aptitude for public affairs. For several successive terms he was elected city solicitor, and it was during this service that he took a prominent part in the Lapage murder trials.
Having been a teacher in his youth, Mr. Sanborn's interest in pub- lic education was always lively ; he viewed the subject in a broad and intelligent manner, was quick to discern the needs of the schools and generous in suggesting changes and improvements. In 1874, and for several years subsequently, he was a member of the board of education. Two specimens of his legal literary skill remain in the codification of the city ordinances, and in a revised and substan- tially new edition of the "Justice and Sheriff." Wanderings in the country and excursions for flowers and minerals were greatly to his taste, for his knowledge of nature was deep and accurate. Although Mr. Sanborn was a most genial and companionable man, his intima- cies were not numerous; he had none of the heartincss often as-
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cribed to self-advertisement, nor did he court popular favor. Polite and quiet in his social intercourse he went through life avoiding friction, keeping friendships, so when the end came sincere grief surrounded his bier. His death occurred the 3d of June, 1889.
Another lawyer of this later period, popular as he was unobtru- sive, was Warren Clark. Born in Hopkinton the 29th of March, 1837, and receiving an academy education, Mr. Clark passed several years in teaching. While a student at Norwich Military school he had shown an unusual aptitude in its curriculum, and had become a proficient student of military science. This predilection exercising a strong influence over him, showed itself in the opening days of the Civil War.
His knowledge was recognized and his services sought by the military authorities of the state to aid in the organization of the early regiments. As a drill-master he achieved success, and con- tributed largely to the discipline and soldierly bearing of the com- panies under his charge. Admitted to the bar in 1862, he began practice in Henniker, remaining there until 1870, when he moved to Concord, and soon formed a partnership with Charles P. Sanborn. Here his practice was largely of the office kind, but his abilities were of a substantial order that attracted clients and made friends. In 1874 he received from Governor Weston the appointment of judge of probate for Merrimack county, his predecessor being Asa P. Cate. While holding this position only two years Judge Clark impressed both the bar and the public with the stability of his character, his good sense, and liis equipoise of disposition. Politics alone com- pelled his retirement. Mr. Clark always manifested a great interest in the public schools, serving several terms as a member of the board of education, and for a time acting as superintendent of Union dis- trict. In 1888 President Cleveland made him postmaster of Concord, an office he held until the Harrison administration found his succes- sor two years later.
Judge Clark was a modest man, who preferred calm and amity in his professional and every-day life ; a kindly man, too, in all his rela- tions, an admirable story-teller with mimic powers wonderfully devel- oped, a delightful companion, the soul of integrity. He died on the 22d of November, 1891.
After receiving the appointment of chief justice of the supreme court, Judge Sargent left Wentworth, which had been his home for inany years, and took up his residence in Concord. From 1873 to his death, seventeen years later, Judge Sargent was one of Concord's foremost citizens. He was born in New London the 23d of October, 1816, and, preparing for college at the Hopkinton and the Kimball
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academies, entered Dartmouth with the class of 1840. After teach- ing school and studying law in Virginia and Maryland, he was admitted to the District of Columbia bar in 1842.
Soon returning to New Hampshire he first began practice in Canaan, but in 1847 moved to Wentworth, which was his residence until lie came to Concord. For ten years he served as solicitor of Grafton county, and in 1851, 1852, and 1853 he was a member of the house of representatives, and speaker of that body the last year. In 1854 he was chosen a state senator, and in June was made presi- dent of the senate. Early in April of the following year he was appointed a justice of the old court of common pleas, holding the office until the summer of that year, when the court gave way to a new tribunal bearing the same name. To this bench Judge Sargent was at once assigned, and there he continued for four years. Again a change in the judicial system took place, the common pleas was abolished, and an additional justice added to the supreme court. The new judgeship was conferred on Judge Sargent, and he remained as an associate justice until 1873, when he succeeded Chief Justice Bellows. In the summer of 1874 a radical change in the judiciary was made which resulted in establishing two courts whereby Chief Justice Sargent and nearly all his associates again became mem- bers of the bar. A review of Judge Sargent's career while on the bench shows him to have been a hard-working and most painstaking judge, one that loved labor for its own sake and always did more than his share in holding terms and writing opinions. Three hundred published opinions, extending through seventeen volumes of reports, attest the diligence of his work and the thoroughness of his researches. Unwilling to bear the shock of leisure, he returned to active practice by forming a partnership with William M. Chase. In 1876 Judge Sargent was a member of the constitutional convention, and the next year became chairman of the commission to revise the General Stat- utes. He now gave up law and became engaged in banking, being a director of the State Capital bank, and president of the Loan and Trust Savings bank.
Judge Sargent possessed many tastes in common with his fellow- men ; he was a decidedly social and affable man, easy of approach and conciliatory in disposition. In historical matters he manifested an intelligent activity, and delivered several addresses before the New Hampshire Historical society, of which he was president in 1888 and 1889. His death took place at his residence on the corner of School and Merrimack streets the 9th of January, 1890.
Among the celebrated trials in the sixties was the suit of Frost vs. Concord. It was a claim for personal injuries sustained by an
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alleged defect in the highway, and was one of many similar cases then pending against the city. About that time an epidemic of such suits set in, which if successful threatened to bankrupt the city treas- ury, for at one term no fewer than ten highway suits were on the docket. And so it happened that this particular case marshaled to its trial distinguished counsel and an interested public. The first trial took place at an adjourned term in 1863, Chief Justice Bell presiding. George, Foster, and Sanborn were for the plaintiff, with John P. Hale and City Solicitor Mugridge for the defense, -names so well known as to arouse great expectations. Colonel George was at his best, sparing neither himself nor others in his professional exer- tions, and the same was true of the distinguished United States sena- tor, who held a brief for Concord. Colonel George, however, was peculiarly in his element, for much prestige depended on the issue, and, moreover, he was thoroughly impressed with his client's wrongs. The plaintiff certainly made out a case well calculated to excite sympathy, for his injuries appeared to have left him deaf, dumb, and paralyzed. This being the contention, his counsel constructed an almost impregnable case which the jury must have believed, for they gave him a verdict of two thousand five hundred dollars.
But the end was not yet. Frost sued out a writ of review, and the second trial as compared to the first was as a battle to a mere skirmish. The public was now thoroughly aroused, for the suspicion of shamming advanced by the defense took strong hold of many who had watched the proceedings. The second trial began in January, 1866, before Judge Sargent. The counsel were the same as before excepting Colonel Tappan, who took the place of Mr. Hale who had been appointed minister to Spain. This trial lasted seventeen days; scores of witnesses went on the stand, including many surgeons who testified for and against the plaintiff, thus adding confusion and per- plexity to the contest. The principal witness for the city was Dr. Timothy Haynes, a surgeon of wide experience and tenacious opin- ions, whose testimony was based on his belief that the plaintiff was feigning his ills. Between Dr. Haynes and Colonel George there was a state of outspoken hostility arising out of another case which, added to the doctor's opinions on the witness stand, aroused in the colonel a ferocity of cross-examination rarely listened to in a court of justice. Those who heard it were always at a loss to express ade- quately the sensations they felt during that passionate encounter. Eloquent were the closing arguments of Colonel George and Colo- nel Tappan (who spoke all day), and great was the relief when the end was reached. How desperate the battle had been, and how uncertain its results, was shown in the deliberations of the jury.
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