History of Coos County, New Hampshire, Part 25

Author: Merrill, Georgia Drew
Publication date: 1888
Publisher: Syracuse [N.Y.] : W. A. Fergusson
Number of Pages: 1194

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"The Grafton and Coos Counties Bar Association was put in active operation in November, 1882, and has since enjoyed a nseful and vigorous existence. They have already effected valuable improvements within the sphere of their professional labors, and will not weary in well doing."

RICHARD CLAIR EVERETT, the first resident lawyer of Lancaster, was a native of Attleboro, Mass , born March 28. 1764. At the age of sixteen he enlisted in the Revolutionary army, where General Washington, who was favorably impressed with his appearance, retained him as a body servant. After a service of two years he was discharged, emigrated to Lancaster and engaged in the hard duties of the pioneer. The inherited traits of the

*Compiled under the supervision of Hon. William Heywood, president of Grafton and Coös Bar Association.

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Everett family were dominant in the young man, and his aspiration and desire for an education could no longer be held in bounds, and he went to Hanover to prepare for college, although with but small means. Fortune favors the brave, and he soon came into the possession of quite a sum of money from the sale of several lots of land in Providence, which had be- longed to his father. He finished his preparatory studies; was graduated from Dartmouth college in 1790: studied law; in 1793 returned to Lancas- ter, and married, December 17, of that year, Persis, daughter of Major Jonas Wilder. He built the house now standing (1887) at the corner of Main and High streets, where he resided until his death, March 22, 1815, at the age of fifty one. His children, all daughters, were Drusilla S .. married Dr. Benjamin Hunking: Persis F., married Major John W. Weeks; Almira J., married Thomas Peverly, Esq .; Abigail C., married Ephraim Cross: Elizabeth A., and two who died in infancy. Mr. Everett was a handsome man. tall, of commanding presence, and an able speaker; as a lawyer he displayed much ability, was shrewd, practical, successful, and, in 1805, became judge of the Court of the Common Pleas, and held the office at the time of his death. His descendants are among the most intelligent people of the county. He represented Lancaster in the legis- lature several years, and it was through his efforts that many important bills were passed. He held the military commission of colonel.

THOMAS PEVERLY, JR., was the second register of probate, which posi- tion he filled until 1829, when his death occurred. Mr. Peverly was edu- cated at Dartmouth, studied law, and was in practice at Northumberland. He was elected to the state legislature, and took an active part in the busi- ness proceedings of the House. He was comparatively a young man at the time of his death. He married Almira, the third daughter of Hon. Richard C. Everett. They had two children, a son, Richard Everett Pev- erly, who was an engineer of construction, and a daughter, Helen, who married Antipas Marshall, an engineer of New York city.

ABRAHAM HINDS was here early. He practiced in the Court of Common Pleas, and the Superior Court, and was register of deeds for some time. He was appointed postmaster of Lancaster in 1807.

Hon. B. F. Whidden gives us the following :-

"The history of the Coos Bar of early days would be incomplete with- out the mention of some, long since departed, whose names are almost unknown to the present generation.

"SAMUEL A. PEARSON had an extensive practice. He was a gentleman of fine address, and one of the first a stranger would be likely to notice on coming into town. He was postmaster of Lancaster for many years, and as such was deservedly popular. He was a graduate of Dartmouth college in the year 1803. He died September 2, 1840, aged fifty-six.

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" WILLIAM FARRAR was clerk of the Court of Common Pleas for many years, and a lawyer doing an extensive business. His justice docket was larger than any other in the county, except that of Jonas Baker His most distinguishing gift was music. His was the soul of music. He sup- ported the choir in the Orthodox church for many years with his bass-viol, and his bow has raised many a flagging soul on the wings of devotion. He was a man of great probity, and universally respected. He was a graduate of Dartmouth college in the year 1801, and a class mate of Daniel Webster. He died March 3, 1850, aged sixty-nine.

"CHARLES J. STUART was a lawyer of fine ability, highly educated, but, on account of his intemperate habits, never succeeded in business. He was a gentleman of fine address, a genial companion, a fine singer, and his presence was indispensable on the convivial occasions of those early days. He was a graduate of Dartmouth in 1809, and a class-mate of Levi Wood- bury. On his tomb stone in the . Old Cemetery in Lancaster, is inscribed 'Charles J. Stuart, Counselor at Law, died May 17, 1837, aged 46.'

" LEVI BARNARD was a lawyer doing business at Lancaster many years. He was a very precise man, whose manners, habits, and dress, were all of the olden time. He died October 12, 1832, aged 60.

"JOHN L. SHEAFE practiced law early at Lancaster, when he was a young man. He was highly educated, and a successful practitioner, and took high rank at the bar. He removed to New Orleans, and became a judge in their courts Late in life he returned to Portsmouth, his early home, where he died in old age.

" When I was a school-boy, my way to school led me past the court- house, where twice a year the court was in session in all the dignity of the times. Boyish curiosity induced me to enter the Temple of Justice and watch the trial and disposal of cases. My earliest memories are of the days of Richardson and Livermore, who ruled upon the bench in distin- guished severity.

"In early days the lawyers of the Coös Bar did not argue their own cases, but merely put in the evidence, and employed the professional speakers, Bell, Bartlett, Cushman, and Wilson, who rode the circuit, to argue-the causes. Trials were generally short, and the court-house was the arena of intellectual encounter; argument and eloquence often had more to do in winning a verdict than evidence or preparation. The court- house was always full during the session, and here many a young man has had stirred within him the first fires of ambition.

"BARTLETT was a facile, easy, witty speaker, and always ready at repartee. He was a very successful advocate before the jury.

"BELL was not a graceful orator, but gave the sledge-hammer knocks that often won for him the victory.

"CUSHMAN was a courtly, graceful gentleman, of polished manners and

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fine oratory. He was clear, methodical, and masterful in the management of a case. His magnetic temperament often overcame all opposition.

". WILSON was a man of the people. He was always admired, and drew a crowd. He had a fine voice, was forceful, and, rising with the occasion, was apt to carry his case by storm.

"Such was the Coos Bar as it comes down to us in memory from former years, made up of our fellow citizens of Coös and the élite of the state These semi-annual courts not only settled our disputes, but educated and gave strength to the people."

HON. JARED WARNER WILLIAMS was born in West Woodstock, Conn., in 1796. He was graduated at Brown university in 1818; read law at the Litchfield (Conn.) Law school, and came to Lancaster in 1822, where he commenced the practice of his profession, and was a resident until his death in September, 1864. In 1824 he married Sarah Hawes Bacon, of Woodstock, Conn. She died in 1857, leaving two sons, George Canning and Jared Irving.

Mr. Williams was elected representative of Lancaster in 1830-31: was register of probate from 1832 to 1837: in 1833 he was chosen to the state Senate: in 1834 and '35 he was president of that body: in 1837 he entered Congress from the "Sixth district " and served four years. He was governor of the state in 1847-48; in 1852 was made judge of probate; in 1853 he filled the vacancy in the U. S. Senate occasioned by the death of Hon. C. G. Atherton: in 1864 he was a delegate to the Chicago convention. In addi- tion to these political distinctions, Gov. Williams received the degree of A. M. from Dartmouth college in 1825; and that of LL. D. from Brown uni- versity in 1852. He died September 29, 1864, aged sixty eight. He was a gentleman of the highest type of character, winning social qualities, and rare abilities. His various honors sat easy upon him, and vanity did not manifest itself.

TURNER STEPHENSON was born in Lyme, N. H., and came with his father to Lancaster in early boyhood. He was educated at Dartmouth college, studied law, and was a member of the Coös Bar in good standing. He was a safe man in his business, and much trusted. He acquired a considerable property. He was judge of probate from 1855 to 1868. Judge Stephenson was twice married, first, to Miss Eluthera Porter, of Charlestown; second, to Miss Phebe Oakes, a most excellent lady, who survives him. He died January 26, 1872, leaving no children. Nathaniel Wilson writes thus of him: "He was one of the purest and best men I ever knew."

JOHN SULLIVAN WELLS, # born in Durham, N. H., in 1804, died in 1860. I knew him well in the early part of his professional life. He studied law at Danville, Vt., with Hon. William Mattocks. He was admitted to the

*By William Heywood, Esq.

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bar, and located at Guildhall, Vt., in 182s, remained there in practice till 1835, when he went to Bangor, Me., for a year, then came to Lancaster, where he was a successful practitioner for ten years. While in Lancaster he built the house now owned by Mrs. John H. Hopkinson. The walls are of granite, being the only building in the county constructed of that ma- terial. From Lancaster Mr. Wells removed to Exeter, N. H.

While at Guildhall and Lancaster he gained the deserved reputation of an able lawyer and advocate. He was very industrious in the preparation and trial of his causes. He was on one side or the other of all important cases in Coös and Essex counties while he remained here, and his clients always gave him their full confidence. He was elected representative from Lancaster, was speaker of the House, and for several years solicitor for the county. He had much ambition for political life, but, as far as success there was concerned, I think that he would have done better to have re- mained in Coös county. He gained prominence after he went to Exeter. but I know from his own words, said to me when I saw him last not long before his death, that his experience in pursuit of office was a bitter disap- pointment. Perhaps it may be well for young lawyers to remember this incident in the life of Mr. Wells. He was a man of brilliant parts, and any one who knew him would have supposed that he could have filled any position that the state or its citizens could give him, but inferior men passed him in the race. If he had devoted himself solely to his profession he would have gained greater eminence, and he truly deserved the honor of taking rank as one of the distinguished lawyers in New Hampshire.

During his residence in Exeter he was appointed attorney-general Jan- uary 17, 1848; resigned it the following August: was chosen senator 1851 and 1852, and both years chosen president of the Senate: was nominee for governor in 1856 and 1857; appointed U. S. senator January 15, 1555, for the unexpired term of Hon. Moses Norris. Mr. Wells was considered an eloquent orator. He was a self-made man. getting the means to pay his expenses of education by industry in cabinet-making which he learned in early life.

EDMUND BURKE, born in Westminster, Vt., in 1809, afterward so prom- inent in state and national politics, and as U. S. commissioner of patents, came to Colebrook in 1830 to commence the practice of law. Not finding matters as he expected, he located at Whitefield for a few years, when he removed to Claremont. in 1533, to become an editor. and afterwards to New- port. He gained a high reputation as a writer, and as a lawyer in later life had few equals in New England. He was one of the coterie which con- trolled the politics of the Democracy of the state, numbering as his friends and co-workers Franklin Pierce, Charles G. Atherton, etc. His opinion of Coös people is consequently worth transcribing. Coming here with the impression that there was less cultivation and intellectual force in this

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county than in the lower counties of the state, he soon changed his opinion, and would often say that he never spent time more profitably than during his residence here. To use his language, "I never met a community of men generally more intelligent, more imbued with strong common sense, or more patriotic in sentiment. Among them I laid in a large store of prac- tical knowledge." He died January 25, 1852.

HON. WILLIAM HEYWOOD, * the venerated president of the Grafton and Coös Bar Association from its organization, was born at Lunenburgh. Vt., October 6, 1804, and his early life was spent amid influences calculated to cultivate in his young mind the sternest virtues and the utmost simplicity of manners, and out of which came a plain, strong mind, filled with the broadest common sense In those days the Concord (Vt.) academy was the leading and most available institution of learning in the vicinity, and in it Mr. Heywood acquired such academical education as an usual course afforded. But he utilized all there was of it, and assimilated it to his own practical ideas as he went along, so that he came from the school with more than the strength that is usually born of education. He went to the study of law not moved by accidental circumstances, but seemingly as a matter of course, reading at first with Judge Charles Davis, at Water- ford and Danville, and later with Judge William A. Fletcher, in Detroit, Michigan. Returning to Vermont he was admitted to the bar at Guildhall, at the September term of 1831, where he commenced a business which neither in amount nor length of duration has ever been equalled in the county. So entirely did he become absorbed in the practice of his profes- sion that he became the most exclusive lawyer I ever met. I do not mean to say that he was oblivious to the current events of the day, for he was thoroughly posted on matters in general, especially in politics, in which he always was and is an intense Democrat. But his mind was so occupied in professional labors that he even lost sight of a just compensation for them. and came through his immense labors gleaning for himself just what his necessities compelled him to. He moved from Guildhall in 1854, and from thence to Lancaster, N. H .. in March, 1856, whither business followed and crowded upon him. In cases he was felt rather than known. The bluster and arrogance of identifying himself with the success of a case was un- known to him, and if it had not been, his modesty would have despised any enjoyment in them. I might illustrate some of Mr. Heywood's work by enumerating a long line of cases, including the murder case of State vs. Allen, but it would add nothing to the importance of a work so exten- sive. He is undemonstrative in manner, but his language is of that grave and peculiarly suggestive style that it attracts attention and is quite im- pressive. It has the force of brevity and directness, and his ideas are

#By Hon. George N. Dale.

WAT ..

Heywood

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winged with words so well selected that he seldom mappropriately bur- dens an idea with a word, or a word with an idea it is not adapted to con- vey. He is quite hasty in temper, but no temper was over exhibited in human nature with so little malice in it. Whenever it comes to him it comes like a flash of lightning. But any spirit of anger is dismissed as quickly as it appears, and so quickly does the effect of its presence pass away as to be a sharp rebuke to its coming, and make such passion look absurd and ridiculous. His is the skill born of native strength. His logic is born of his mental impulses, and has more the strength of nature than the force of art.

In his marital relations he was peculiarly fortunate, having married Miss Susan Hibbard, a daughter of the late Hon. David Hibbard. of Con- cord, Vermont, a lady remarkably modest, yet possessing great strength of character and kindness of heart. By her he had three sons (the second son. Edward, died at the age of seven months. ) and a daughter, Isabel. The oldest son is now associated with him in business. The younger went into the late war and did not survive it. The daughter is still living. Mr. Heywood was a member of the second and third sessions of the Vermont state Senate in 1837 and 1538, and was state's attorney for Essex county for fifteen years. He was a member of the convention of 1-50, which made many and radical changes in the constitution of Vermont. His name appears first as an attorney connected with the Vermont courts in 1836, in the eighth volume of Vermont Reports, and is seen annually in these volumes for fifty-one consecutive years, and is first found in the thirteenth volume in New Hampshire Reports, and continues to appear down to the sixty-third. the latest one published.

In physical appearance Mr. Heywood is of medium height and size. prominent features-a very imposing countenance-grave in appearance, even to solemnity or sadness, but through which flashes of humor occa- sionally burst as unexpectedly as lightning from a cloudless sky. His is the exterior of a man molded in an iron age, beneath which beats a heart as tender as a woman's. He was not only among the founders of the Ver- mont state government, but he was of them. He is a devoted and con- sistent member of the Protestant Episcopal church, and in his private character his morals are above suspicion. He still lives, at the age of more than eighty-three years, a fit type of the simple grandeur of those olden times, with mental faculties clear, vigorous and strong. May he long remain a fit emblem and reminder of those days and associations we so much revere.

HIRAM ADAMS FLETCHER, second child of Ebenezer and Peddy (Smith) Fletcher, was born at Springfield, Vt .. December 14, 1806. When Hiram was but a small boy, his father moved his family from Charlestown to Pittsburg, then "Indian Stream Territory." Mr. Fletcher was one of the

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first settlers there. took with him considerable means, built mills. made a comfortable home, and cleared up a large farm. Hiram labored on the farmi and in the mills until the age of seventeen, when he entered Kimball Union academy (Meriden), where he was a scholar for several terms, and laid the foundation for that love of learning and studious habits which he exhibited in after life. About nineteen. he began the study of law with Gen Seth Cushman, at Guildhall, Vt. He afterwards read successively with John L. Sheafe, Gov. J. W. Williams, of Lancaster, and Gov. Hub- bard, of Charlestown, where Chief Justice Gilchrist was a fellow student with him. They were admitted to the bar together, at Newport, in 1830. He first opened an office. and practiced a year, in Springfield, Vt. In 1833 he went to Colebrook, where he was in practice sixteen years. For the place and business he was very successful. He had one side of all the liti- gation in that part of the county, and the business of making collections was a help to the rather meagre income of a lawyer in those days. He practiced in Essex county, Vt., as well as in Coös county; at that time this was accompanied with many hardships. The roads were not good; in summer they were rough, and in winter deep with snow, but no obstruc- tion was sufficient to prevent Mr. Fletcher from doing whatever he under- took. He was a man of slight physique, but every muscle was like steel, and he had, till late in life, great activity and great powers of endurance. He seemed to have had the make-up for a long life, but he was not care- ful of his health. In early and middle life he appeared insensible to hard- ship, and to know nothing of fatigue. In 1849 he moved to Lancaster, and was an acknowledged leader at the bar for long years. He died of consumption, January 30, 1879, aged seventy-two years, and although a great sufferer for the last three years. he retained his mental powers un- impaired to the end.

In 1834. May 25th, Mr. Fletcher married Persis E., daughter of Dr. Benjamin Hunking, of Lancaster. Mrs. Fletcher was a lady, intelligent and amiable, a devoted mother and Christian. Of their six children, one died in infancy; Emily E. died in 1857, aged nineteen: Almira (Mrs. W. S. Ladd). Richard and Everett reside in Lancaster; Nellie (Mrs W. A. Hol- man), is a resident of Pittsburgh, Pa. Mrs. Fletcher died July 9, 1878.

Mr. Fletcher was a close legal student, well read in cases, for which his memory was wonderfully retentive, and he knew all about law books and authors. He gradually collected many books. His law library was large for a country practitioner. He possessed artistic tastes, had much admira- tion for a rare and a well-made book, and for any beautiful thing. He was a man of kindly feeling. He had a great fund of humor, and no one was likely to get the better of him in an encounter of wit.

In the course of his practice Mr. Fletcher was associated several years with William Heywood, some years with William Burns, and four years

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with his son, Everett. He was honorable and fair as a practitioner, always governed by a sense of justice, and strictly honest. He dealt lib- erally with his clients, and if the case resulted unfavorably, he would con- sider the client very favorably in the settlement. He was never afraid to take hold of cases of importance alone. even though opposed by an array of able lawyers, and old members of the bar tell of the skill. tact. and ability with which he would bring them to successful conclusion. " He was a man of great resources, and an untiring worker. The order and regularity with which he kept his papers was remarkable. So well ar- ranged was his business that he could go to his files and get his papers as well years after cases were ended, as while they were pending."

GEORGE A. COSSITT was register of probate from 1837 to 1852. Mr. Cossitt was born in Claremont and commenced the practice of the law about 1835, in Whitefield, and soon after moved to Lancaster. He was an ex- cellent judge of probate law, and consequently has been much engaged in probate business. He was for many years cashier of the old Lancaster bank.

HON. JACOB BENTON, " son of Samuel Slade and Esther ( Prouty) Benton, was born at Waterford, Vt., August 19, 1814 He attended the academies at Lyndon, Peacham, and Newbury, and completed his education by grad- uating from the seminary at Manchester, Vt. In the spring of 1840 he commenced to study law in the office of Heaton & Reed, at Montpelier, and in the autumn of that year became the principal of the academy at Concord Corner, Vt. Mr. Benton was connected with this school for four years. While in Concord he studied law in the office of Judge Henry A. Bellows. In 1843 he came to Lancaster, where he has since resided, and entered the office of Gen. Ira Young, where he completed his prelimi- nary studies. and with whom he formed a partnership after his admission to the bar in July of that year. This partnership was dissolved by the death of Gen. Young in 1845. During the period from 1855 until 1887. he had three law partners: Ossian Ray, ten years (1855-1865); J. H. Benton, Jr., four years (1867-1871); H. I. Goss, two years (1885- 1587). In 1860 he married Louisa Dwight, a daughter of Gen. Neal Dow. of Portland. Me.

Mr. Benton belongs to a family of men strong mentally and physically. He is more than six feet tall, and well built. Though reared on a farm, most of his brothers as well as himself became connected with the learned professions. The family came to Vermont from Connecticut and was prominent there. His grandfather owned a part of the site of the city of Hartford.

He was first a Whig in politics; but, upon the breaking up of that party. he became a Republican, to which party he has always since ad-

*By H. I. Goss.

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hered, and the principles of which he has, when occasion offered, advo- cated and supported with much force and effect.

In 1854 he was elected to represent Lancaster in the legislature, where he took an active part in bringing about the defeat of the election of Dem- ocratic senators to the United States Congress. Being re-elected in 1855, he saw his efforts of the former year crowned with success in the election of John P. Hale and James Bell. He was again elected in 1856. Later he was made a brigadier-general of the militia. In 1867 he was elected from the Third New Hampshire district a representative to the Fortieth Con- gress, and was re-elected in 1869.

In the halls of legislation and at the bar Mr. Benton has been noted for his strong and fearless advocacy of the cause he espoused. His lan- guage, abounding in startling and original metaphor, is pointed and force- ful. While in Congress he made several speeches which attracted atten- tion; and one, (made February 25, 1868, before the House of Representa- tives acting as a committee of the whole, and having under consideration President Johnson's annual message, in which he severely criticised the policy of the administration,) was extensively circulated throughout the country as a campaign document.

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History of Coos County, New Hampshire, Part 25

Author: Merrill, Georgia Drew Publication date: 1888 Publisher: Syracuse [N.Y.] : W. A. Fergusson Number of Pages: 1194

Author: Merrill, Georgia Drew
Publication date: 1888
Publisher: Syracuse [N.Y.] : W. A. Fergusson
Number of Pages: 1194