History of Coos County, New Hampshire, Part 26

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

USA > New Hampshire > Coos County > History of Coos County, New Hampshire > Part 26

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As a lawyer he early had a large and lucrative practice. He was en- dowed by nature with much inherent shrewdness and practical common sense. He never relies upon trivialities or technicalities; but his mind seizes at once upon the principal points in the case, and these he urges with much force and persistence. He sees with equal quickness the weak- nesses of his opponent's cause, and these he holds up to view, often with much good humored wit, always with tact, and strong argument.

HON. WILLIAM BURNS, born at Hebron, N. H., April 25, 1821, was son of Robert Burns. a distinguished physician and prominent public man. Mr. Burns was educated at academies in Plymouth and New Hampton, and was a graduate in the class of 1841, from Dartmouth college. He be- gan to read law with Hon. Leonard Wilcox, of Orford; attended Harvard Law school, where he was graduated in 1843, and the next year (1844) married Clementine E. Hayes, of Orford, a lady whose sunny tempera- ment especially fitted her to make a happy home for a public man. He was admitted to the Grafton county bar in 1844, and commenced practice at Littleton, where he remained two years, then removed to Lancaster, having purchased the legal business of Hon. John S. Wells.

At once Mr. Burns obtained a high reputation for legal soundness, clear judgment, and sterling integrity. It was, however, as an advocate that his great natural ability was most conspicuously shown. Always would his impassioned appeals impress a jury, and make him master of the situation. For eighteen years he was in partnership with Hiram A. Fletcher. As attorneys for the Grand Trunk Railway, and in connection

MyBuns

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with their other business they built up a very large practice. In 1869 Mr. Burns entered into partnership with Henry Heywood, and remained with him until 1876, when it was dissolved on account of Mr. Burns's ill health.

It can be truly said of Mr. Burns, that he was one of that old school of counselors for which New Hampshire has been famous, whose profes- sional lives have both honored and elevated the business of the law. He was unflinching in his devotion to the interests of the Democratic party. and was long regarded as one of the most eloquent and convincing stump orators in New Hampshire. He certainly richly deserved political position, and would have had it had his politics been in accord with the Republican party then dominant in the state. The Democrats always recognized the sterling worth of a man so earnest, faithful, and unswerving in his adhe- rence to Democracy, and regarded him as one of the most fearless and untiring of party standard-bearers. At state conventions and gatherings of state committees no man was listened to with keener interest in the discussion of the issues of the day or measures of party policy. He was twice elected to the state Senate. in 1556 and 1857. In 1-59 he received the Democratic nomination for member of Congress in the Third district, and made a remarkably brilliant canvass, repeating the same in 1861 and 1863, and, at the election in 1863, came within two hundred votes of defeating Hon. James W. Patterson, the Republican candidate. Mr. Burns was a delegate to the national Democratic convention in 1×60, and a prom- inent member of the state Constitutional convention of 1576. In religious belief Mr. Burns was a Unitarian. He was a member of North Star Lodge, F. A. M., of Lancaster.

Mr. Burns died after a long and trying illness at Plymouth, April 2, 1885, and is buried in the old Livermore church-yard at Holderness, among his kindred and boyhood friends. Hon. George N. Dale gives this fine analysis of his character :-

"I see coming through nearly thirty years another in this picture. Through all that time shines the luster of a gifted and noble manhood. The space he filled presents nothing but pleasant recollections of William Burns. As I see him he was kind, courteous. and exceedingly pleasant, but he was not tame by any means. His sarcasm and invective were as keen as any blade that ever glistened in our little circle. As a public speaker, especially in discussing political subjects, in his palmiest days, I thought him without a superior in this section of the country. As a law- yer he excelled. He was apt in the technology of law, not remarkably proficient alone in specialties, and wanting in other respects. but he had a general variety and well selected stock of information, to which was added a broad. practical common sense, which made him an efficient and useful man. He excelled, of course, as an advocate. His style was elegant, simple and sublime (for sublimity is almost always simple in literature).

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almost as Dickens, and resembled the purity of an Addison. He often indulged in ironical language, but it was such pure irony, and was so com - pletely manufactured out of materials of his case as to seldom subject him to just criticism, or leave any lasting sting behind. As a practitioner he was a model. He was a gallant man. He had not the keen scintillat- ing wit of a Fletcher, nor the strong, comprehensive, though unadorned style of a Heywood, nor even yet the dashing, overwhelming and torrent- like style of a Bartlett, but he had such a blending and pleasantly-arranged parts of them all as to constitute a most consistent man. Many years since (as we count them in the life of a man), Mr. Burns was severely injured by a collision of railway trains, yet he was still very graceful, and so managed his lameness that I used to think it added to, rather than took from, the effect of his most brilliant efforts. The influence of his charity and kind consideration for others I shall feel as long as I live. His life was and is constantly saying to us :-

" 'Let us no more contend or blame Each other, blamed enough elsewhere, but strive In offices of love how we may lighten Each other's burdens in our share of woe.'

" ' The battle of our life is brief, The alarm, the struggle, the relief ; Then sleep we side by side.'"

BENJAMIN FRANKLIN WHIDDEN is a native of Greenland, N. H. When a lad he removed to Lancaster with his father. His early years in Green- land and Lancaster were passed on a farm. At the age of fourteen he commenced to learn the trade of cabinet-making, and served four years, attending school winters. His preparatory education was acquired at Lancaster and Kimball Union academies. He entered Dartmouth college in 1836, and was graduated in 1840. (He worked at his trade, and taught, to defray the greater portion of his expenses.) He then went to Hanover county. Virginia, as a teacher in languages and mathematics, and remained until 1845; passing his vacations in Washington, where he had the use of libraries, and the opportunity to hear the foremost men of that day- Webster. Clay, Calhoun, Benton, Adams, Marshall, Wright, Choate, Mc- Duffie, Preston and Crittenden. This he highly prized as a most valuable part of his education, and that epoch is full of choice memories. He re- turned to Lancaster in 1845, and was admitted to the bar in 1846 He was appointed school commissioner for Coös county in 1850 and 1851; he represented Lancaster in the state legislature in 1849, 1850, and 1867. His election in 1849 was under circumstances which show the confidence reposed in him. The two parties in town were so nearly equal in strength that neither could elect-Mr. Whidden being the nominee of the Free-soil

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party, then largely in the minority. He was elected not on party issues. but upon his honesty. integrity. and ability as a man. Ile advocated and secured the passage of the Homestead Law. He was county solicitor from 1856 to 1562; he was appointed by President Lincoln, United States commissioner and consul-general to Hayti, on the recognition of that gov- ernment by the United States in 1862, with plenipotentiary power to con- clude a treaty of amity, commerce, and navigation, and for the extradition of fugitive criminals. The treaty was made in 1864, and immediately con- firmed by the governments. Mr. Whidden did efficient service for the Union in this capacity, discharged its duties with gentlemanly courtesy, and was highly complimented by Secretary Seward. He resigned his post in 1865, on account of ill health, and returned to Lancaster. He was judge of probate in 1868 and held the office until 1874; presidential elector in 1872, and delegate in 1576 to the Republican national convention at Cincinnati. He travelled in Europe in the summer and fall of 1574. After his return he resumed the practice of law at Lancaster.

In 1831 Mr. Whidden married Eliza Turner Spaulding. of Lancaster. She was a most estimable lady, and beloved by all who knew her. She died in 1868. (Their son John W. is a physician in Portland, Mo.) In 1874, he married Kate J. Brooks, of Cincinnati, Ohio. She was a lady of rare mental and personal attractions, and much respected by those who had the honor of her acquaintance. She died in 1879.

Mr. Whidden is especially noted for his exactness, honesty. and integ- rity, and his devotedness to all interests intrusted to his care. He has an admiration for the classics of, not only the modern, but the ancient lall- guages, which are as familiar to him now as on his graduation day. Fine literary tastes and scholastic culture, a broad liberality combined with a keen sense of justice, a practical intelligence broadened by extensive travel, and a genial, kindly spirit, all unite in this true gentleman and scholar.

GEORGE CANNING WILLIAMS, eldest son of Hon. Jared W. Williams, born at Lancaster, August 7, 1527, died, unmarried, at Lancaster, Decem- ber 10, 1865. He fitted for college at Lancaster academy, was graduated from Dartmouth (a member of the Phi Beta Kappa society) in the class of 1844, studied law with his father, and was admitted to practice in 154s. He was a lawyer of fine ability for his age, and no one had more brilliant prospects, but his last years were saddened by the vice of intemperance. He was county solicitor for several years, was clerk of the New Hampshire Senate, representative from Lancaster in 1-59 and 1560, and commissioner of state lands in 1858. He was a trustee of Lancaster academy, grand master of the I. O. O. F. of New Hampshire, and representative to the Grand Lodge of that body, and a prominent and active Freemason.

JARED IRVING WILLIAMS, youngest son of Hon. Jared W. Williams, was born at Lancaster August 19, 1832. He fitted for college at Lancaster and

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Killingly (Conn.) academies, graduated from Brown university in the class of 1854, studied law with his father, and Carpenter & Thurston, of Providence, R. I., was admitted to practice at Lancaster in 1856, and at once became associated with his father and brother. He was editor of the Coos County Democrat from the death of J. M. Rix in 185+ until the elec- tion of Lincoln in 1860; was town representative in 1879 and 1880: has been superintending school committee and president of the board of education of Lancaster since 1876; is a trustee of Lancaster academy. He married, in 1857, Mary Hamilton Morse. Mr. Williams did service in the Rebellion, and attained the rank of captain; is a prominent and valued member of the G. A. R. and various Masonic bodies; possesses decided mathematical and mechanical tastes, and is a civil engineer of no mean ability. He is a Roman Catholic in religion, and a delightful social companion.

OSSIAN RAY# was born December 13, 1835, in Hinesburg, Vt. He is the oldest son of George and Hannah (Greene) Ray, who were married in Waterbury, Vt., October 2, 1834. They lived in Hinesburg until about March, 1536, removing then to Waterbury, and remaining there until the fall of that year, when they went to reside on a farm which they had purchased in Irasburg. The mother died at Irasburg in 1847; the father remained on the same farm until about 1855, when he removed to Hinesburg, where he is still living at the age of eighty three years. George Ray was the son of William and Abigail (Wyman) Ray, and was born in Hinesburg, the eighth of ten children. William Ray came from Hartford, Washington Co., N. Y., to Hinesburg, about 1800, and married to Abigail Wyman, his second wife, after coming to Vermont. Hannah (Greene) Ray, born September 1, 1809, died July 2. 1847. was the fourth child of Capt. James Greene, who was born in Claremont, N. H., and afterwards moved to Waterbury, Vt., serving in the War of 1812, being appointed captain in the 11th U. S. Infantry, July 25, 1814. He was severely wounded in a skirmish with the British troops at a place called " Stone Mills," (or " Cole Mills ") near Platts- burg, N. Y., suffering amputation of a leg, and dying from the effects of his wound February 17, 1817. He was married in Waterbury about 1802, to Mercy, daughter of Moses Nelson, of Croydon, N. H. The subject of this sketch has one brother, Orman P., of Burlington, Vt., and three sisters, Mrs. Elizabeth M. Bridges and Mrs. Amelia C. Corrigan, of Ogden, Utah. and Mrs. Hannah E. Baker, of Waterbury, Vt.

Ossian Ray's boyhood and youth were passed in Irasburg, where he built up a vigorous constitution by healthy out-door work during the brief summers, and disciplined his mind during the long New England winters at the little district school-house, intent upon solving the riddle of life, and acquiring the knowledge and experience of others by studying the printed

* By John N. McClintock, A. M.

Faithfully Hours Ossian Ray

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page. His formative education and character at the district school were under the direction of several able and enthusiastic teachers, among whom may be named the late Henry H. Frost, Esq .. of Coventry, the late Tin- othy Mansfield, of Barton, the late Miss Olive H. Webster. of Irasburg, and Miss Harriet Webster, now of Boston. Young Ray also attended several terms at the Irasburg academy, two of which were taught by Rev. Charles W. Cushing. D. D., now of Rochester, N. Y., and widely known as one of the foremost educators in the country. While at the academy his evenings and odd hours were devoted to the study of history, rhetoric, and public speaking. The country around was interested in these schools, and the progress of the scholars, and flocked to the public exercises from the neighboring towns. Triumphs won in that forum were never for- gotten: applause from rustic friends stimulated to renewed efforts. The closing exercises were often held in the court-house, and the day was great in the lives of many students. Ossian Ray finished his academical studies at Derby, Vt., where among his fellow students were the late Hon. Benja- min H. Steele, judge of the Supreme Court of Vermont: Rev. George I. Bard, of Orford, N. H .: David M. Camp, editor of the Newport (Vt.) Express, and Rev. Dr. W. W. Niles, now Bishop of the Diocese of New Hampshire. At the age of sixteen he gave promise of more than ordinary ability, and attracted the attention of Jesse Cooper, Esq., a lawyer of Iras- burg. The youth was fitted for college in all save Greek and mathematics at that age, and strongly desired to complete his education by a college course, but lack of means forbade. Irasburg was the county seat, where the courts were holden. and where lawyers were held in high esteem. At the Orleans county bar were then practicing Jesse Cooper and John H. Prentiss, of Irasburg; William M. Dickerman, of Coventry; John L. Ed- wards, of Derby: John H. Kimball and Samuel A. Willard, of Barton: Samuel Sumner and Norman Boardman, of Troy: Benjamin H. Smalley and Chief Justice Homer E. Royce, of Franklin county; Judge Luke P. Poland, of Lamoille county; Judge Timothy P. Redfield and Stoddard B. Colby, of Montpelier: Thomas Bartlett and George ('. Cahoon, of Caledonia county, and others, whose scholarly minds and rhetorical abilities, as dis- played in many a hard fought legal battle, deeply impressed the youth, and stimulated his ambition to become a leader of men in the forensic arena.

By the advice of Mr. Cooper, and with the assent of his father, young Ray relinquished his college aspirations, entered immediately upon the study of his chosen profession in the office of Mr. Cooper, and became a member of his family. His patron was of great assistance to young Ray, guiding his legal studies, allowing him to try justice causes, encouraging him to manage cases in which he was sometimes the opposing counsel, and largely leaving to him the preparation of his briefs. Two of these early

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efforts may be found in the cases of Webster vs. Dennison, Vermont Re- ports, Vol. 25, pp. 495, 496, and Cooper vs. Parker, p. 504. From early friends who then formed life-long attachments, one learns that Ossian Ray was a good scholar, with a natural aptitude for public speaking. popular with his schoolmates, and evincing a strong character.

In March, 1854, he came to Lancaster, N. H., at the request of the late Saunders W. Cooper, Esq., a brother of Mr. Cooper, of Irasburg, to assist in closing up his law business, his health having failed. Until the follow- ing December he remained in Lancaster, attending to Mr. Cooper's affairs, forming acquaintances, and becoming attached to the people. That winter he taught school in Canaan, Vt., bought law books, pursued his studies evenings, and on Saturdays, when school did not keep, and during the holidays, engaged in the trial of justice cases, to the improvement of his legal experience and the condition of his finances. Thus, by teaching and practicing, he maintained himself and pursued his studies until September 1, 1856, when he returned to Lancaster. January 1, 1857, at the age of twenty-one years, he formed a law partnership with Hon. Jacob Benton, of Lancaster, and during the same month was admitted to the bar at Guildhall. Essex Co., Vt., at a term of the court over which the late C'hief Justice Luke P. Poland presided, and soon after he was admitted to the Coös county bar, at Lancaster. He has since been admitted to practice in the United States Courts, and was admitted to the bar of the Supreme Court of the United States January 25, 1872.

Mr. Ray's success at the bar was assured from the first. He brought to the profession an active mind, carefully cultured, great natural abilities balanced by good judgment, indomitable perseverance and love for his profession, and a strong and unflinching character inherited from his ancestors. As a lawyer he has built his fame on an enduring foundation. His preparation of cases has employed his best efforts, his management of them has absorbed him. From the minutest detail to the great law points involved he has been ready; and, ever on the aggressive, his opponents have never found him sleeping. In 1867 Mr. Benton was elected to Con- gress, and withdrew from the firm. In September Mr. Ray formed a partnership with Hon. William S. Ladd, of Colebrook, which continued until Mr. Ladd was appointed judge of the Supreme Court in October. 1870. January 1, 1872. Mr. Ray took into partnership Hon. Irving W. Drew. who had pursued his legal studies in Mr. Ray's office. From 1873 to 1876 Hon. William Heywood was a member of the firm, when he was succeeded by Hon. Chester B. Jordan, a student in the office of the firm. January 1, 1882, Philip Carpenter, of Bath, was admitted, and the law firm of Ray, Drew, Jordan & Carpenter was established, from which Mr. Ray withdrew January 1, 1883, and. with the exception of one year from July 1. 1885,

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when Mr. George W. Patterson, of Hanover, was associated with him, he has since had no partner in the practice of his profession.

Since 1860 Mr. Ray has been retained in nearly every important law- suit in Coös and Essex counties, his practice extending into other counties and to the Federal courts of New Hampshire and Vermont, and to cases before the Supreme Court of the United States. From 1869 to the death of the late John E. Lyon, president of the Boston, Concord & Montreal and White Mountains Railroad, he was counsel for him and for that cor- poration. Before 1872 he was employed in suits in New Hampshire and Vermont against the Grand Trunk Railway of Canada. Since that date he has always been retained by that company. His work before the full bench of the New Hampshire Supreme Court may by traced in nearly every volume of the reports, from the 36th, containing cases heard in July, 1857, to the 64th, now in press. Mr. Ray was a representative from Lan- caster in the state legislature in 1868 and 1869. the former year serving as chairman of the committee on elections, and in the latter as chairman of the committee on judiciary; was solicitor of Coos county from 1862 to 1872: was delegate-at-large to the Republican national convention at Philadel- phia in June, 1872: was United States attorney for the district of New Hampshire, by appointment of President Hayes, from February 22, 1579, to December 23, 1880, when he resigned, upon his nomination as a candi- date for Congress. At the death of Hon. Evarts W. Farr. November 30, 1880. Mr. Ray was elected to fill the vacancy for the unexpired term. and to succeed himself from March 4, 1881, to March 4, 1583. as a Republican representative from the Third congressional district of New Hampshire, by over 5.000 majority. He was re-elected in 1852 as representative from the Second congressional district, the state having been re-districted during his term of office. In the House of Representatives Mr. Ray served on the committees of invalid pensions and claims. the duties of which are always onerous and exacting. His services on the former committee will long be remembered by many a veteran, and soldier's widow or children, for no appeal in their behalf ever went unheard. no just cause unespoused. During his brief service in the 46th Congress he was largely instrumental in securing the passage of an act removing the terms of the United States Courts, formerly held at Exeter, to Concord, thereby convening the north- ern and western portions of the state. In the 47th Congress he aided in securing an appropriation of 8200,000 for a United States court-house and postoffice building at Concord. an elegant structure now practically com- pleted. In the 4sth Congress, it is safe to say that had it not been for his persistent work and personal influence among his fellow members, an appropriation of $200,000 for a similar building at Manchester would have failed. He was a strong advocate of the abolition of the duty on sugar, although in favor of a protective tariff when necessary for the benefit of

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American manufacturers and producers. He also earnestly favored legis- lation authorizing the government to establish and operate telegraph lines in connection with the postal service of the country.

Mr. Ray has been eminently the architect of his own fortunes. He possesses wonderful energy, industry, perseverance, enthusiasm and zeal. His great vital force renders him unconscious of obstacles and difficulties; he has confidence in himself and in his case, and is a formidable opponent. His language is clear, incisive, forcible. effective-and often eloquent. He is especially powerful-on law points before the full bench of the Supreme Court; he is always quick to think and quick to act. Mr. Ray is not infal- lible; his impulse sometimes leads him astray; but his reason quickly sets him right. Once having seriously decided upon a course of action he is hard to swerve from his purpose. Mr. Ray has always been an assiduous reader, student, and lover of books. His private library is very rich and extensive, books being gathered in nearly every room in his house. Return- ing from a journey he has generally a new lot to add to his collection. These books on history, logic, philosophy, statistics, science, poetry, travel, biography, and art-on every subject of interest and value to the human family-he eagerly devours. His law library is one of the most extensive in the state. He is a man of wonderful memory. Facts and incidents once in his mind are always accessible and available, and he will readily take from his shelves a volume and refer to the page bearing upon or illus- trating any fact or theory he has ever read. In this respect he constantly displays to his friends capability and resource unexpected and extraordi- nary. In the most trying situations he has control of his temper; he is entirely without envy or jealousy, and rejoices heartily in the success of his friends and acquaintances; he is considerate towards young attorneys. All his friends, and they are many, are tenacious in their attachment to him.

In private life Mr. Ray is affable, genial, sincere and warm-hearted. Since his residence in Lancaster he has done much to improve the appear- ance of the village, entering heartily into every project for the betterment of the place. He is public spirited, charitable, liberal, and always to be depended upon for his share in the public burdens. He attends the Con- gregational church, but gives with a generous hand to the support of all denominations in the town. His means and labor are freely given to ren- der neat and attractive the appearance of his buildings, land. and the ad- joining highways. Physically he is robust and possessed of an iron con- stitution. His face is lighted up with intelligence, will and good nature.

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History of Coos County, New Hampshire, Part 26

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