History of Hillsborough County, New Hampshire, Part 6

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1885
Publisher: Philadelphia : J.W. Lewis
Number of Pages: 1168

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William C. Clarke pursued his carly studies at At- kinson Academy, of which his maternal grandfather was one of the founders, and then entered Dart- mouth College at the age of eighteen years. He was graduated with high honors in the class of 1832, which included Professors Noyes and Sanborn, of Dartmouth, and the late Samuel H. Taylor, LL.D., the noted instructor at Andover, Mass. Immediately becoming principal of Gilmanton Academy, he held the position for one year, while beginning the study of law. He continued his legal studies in the Har- vard Law School, in the office of Stephen Moody, at Gilmanton, and in that of Stephen C. Lyford, at Meredith Bridge (now Laconia), N. H. On his ad- mission to the bar, in 1836, he began practice in the latter town, and on the creation of Belknap County, at the close of 1840, he was appointed county solici- tor. He held this position until the spring of 1844, when he removed to Manchester, and continued the practice of his profession. Two years later he was one of a committee of seven chosen by the town to petition the Legislature for a city charter, and at the first city election, in August, 1846, was the Democratic candidate for mayor. There being two other candi-

1 From Clarke's "Successful New Hampshire Men."

THE BENCH AND BAR.

dates, there was no choice, and he withdrew his name before the second ballot, in September. In the same year, however, he consented to act as chief engineer of the Fire Department of the young city, and he re- tained this position till the close of 1848, having a number of leading citizens as his assistants.

In 1849 he was elected to the office of city solicitor, which he held for two years, and in 1850 he served as a member of the State Constitutional Convention. Appointed the judge of Probate for Hillsborough County in 1851, he obtained the judicial title which clung to him thereafter. In 1854 he was again the Democratic candidate for mayor, but the Whig ticket was successful. A year later Judge Clarke was ten- dered, by Governor Metcalf, an appointment to the bench of the Supreme Court, but he declined the posi- tion. As judge of Probate he discharged his duties with high public approval, but his removal from this office, in 1856, was included in the sweeping political changes which began in 1855. In 1858 he served as a member of the Manchester Board of Aldermen. Soon after the death of the Hon. John Sullivan he was appointed, in 1863, to succeed him as attorney- general of the State, and, receiving a reappointment in 1868, he continued to fill the office until his death, in 1872.

From the time of his admission to the bar until he became the chief prosecuting officer of the State, Judge Clarke was actively engaged in private legal practice. He early acquired the reputation of a sound and able lawyer, and obtained an extensive clientage. As attorney-general he was highly successful in the performance of his duties, to which he devoted him- self with conscientious faithfulness. Recognizing the semi-judicial character of his office, he did not allow the zeal of the advocate to outweigh more important considerations, and, in cases where a minor offense had been committed for the first time, he frequently caused indictments to be suspended so as to give the culprit both a chance and a stimulus to reform. Hardened or flagrant criminals he pursued with the rigor de- manded by the interests of justice, leaving no stone unturned in his efforts to secure their conviction. He drew all his indictments with the greatest care, and it is said that no one of the number was ever set aside. He took equal pains with the preparation of evidence and of his arguments in all important causes. These cases include a number of murder trials, which at- tracted wide attention when in progress, and which afforded marked proof of his legal skill. Hissense of duty being above all other considerations, he was un- moved by all attempts to affect his official course by private appeals or by any species of personal influ- ence.

Judge Clarke had a marked distaste for ordinary politics and the arts of the politician. On the few occasions when he consented to be a candidate for an elective office he did not seek the nomination, but ac- cepted it at the request of his friends. Firmly believ-

ing, however, in the original principles of the Demo- cratic party, he often gave his voice and pen to their support, and was long a prominent member of that party in New Hampshire. When the Rebellion broke out he did not hesitate a moment in regard to his po- litical course, but was among the foremost of those who urged all citizens to sink minor party differences and rally to sustain the imperiled government. Dur- ing this crisis he was active in calling and addressing many public meetings, which pledged aid to the most vigorous measures for the defense of the Union. At the great war mass-meeting held in Concord, N. H., on the 17th of June, 1863,-which was attended by thirty thousand people, from all parts of the State, and was addressed by men of national eminence, in- cluding a member of President Lincoln's Cabinet,- Judge Clarke called the assembly to order, and read the call, after which he was chosen first vice-president. Being dissatisfied with the attitude toward the war assumed by many of the leaders of the Democratic party, he was largely instrumental in organizing the zealous War Democrats of the State into a third, or " Union," party, which nominated a separate ticket for State officers in 1862 and 1863. This organization was not maintained after the latter year, and Judge Clarke thenceforward voted with the Republican party ; but after the early years of the war he re- frained from any active participation in politics, which he regarded as inconsistent with the nature of his du- ties as attorney-general.

He was one of the original directors of the Man- chester Bank, serving from 1845 till 1849, and of the City Bank, with which he was connected from 1853 till 1863. He was also a trustec of the Manchester Savings-Bank from 1852 until his death. For many years he was a trustee of the Manchester Athenaum, and when this was succeeded by the City Library, in 1854, he was chosen a member and clerk of the board of trustees of the latter institution, retaining both positions during the rest of his life. He was the first treasurer of the Manchester and Lawrence Railroad Company, holding that oflice from July 31, 1847, till his resignation took effect, February 8, 1849; and he was the clerk of that company from February 28, 1854, until he died, being also its attorney when en- gaged in private legal practice. He was a trustee of Gilmanton Academy, and in 1854 was a member of the national board of visitors to the United States Military Academy at West Point.

Judge Clarke was one of the earliest members of the Franklin Street Congregational Church in Manches- ter, and one of the original officers of the society, to both of which he rendered valuable service.

Some mention of his personal appearance should not be omitted, as he was a man of unusually distin- guished presence, having a large, finely-proportioned figure, with a handsome, dignified head and face. Without undne formality, his manners were invaria- bly courteou, and refined. With excellent literary

HISTORY OF HILLSBOROUGH COUNTY, NEW HAMPSHIRE.

tastes, he possessed much general information, and was very attractive in conversation. Though rigid in his sense of right and wrong, he was eminently chari- table in his views of others, having a broad tolerance of opinions which differed from his own. His dispo- sition was genial and his kindness of heart unfailing.

Ile was married, in 1531, to Anna Maria Greeley, only daughter of the late Stephen L. Greeley, Esq., of Gilmanton, N. H. His wife survives him, with four children,-Stephen Greeley, Anna Norton, Julia Cogswell and Greenleaf.

The death of Judge Clarke occurred at his home in Manchester on April 25, 1872, and was the cause of widespread sorrow. At his funeral there was a large attendance of prominent citizens from many parts of the State. Resolutions of regret and eulogy were adopted by the city bar, the Hillsborough County bar, the Manchester Common Council and various other bodies with which he had been connected. In the resolutions of the Common Council he was spoken of ns " one who, as a former member of the city govern- ment, and its legal public adviser, served it with marked fidelity and ability, and who, by his many virtues, had won the confidence and esteem of his fellow-citizens." His associates of the Manchester bar declared that "he was a faithful officer, a wise counselor, a respected citizen and a Christian gentle- man. He was courteous in manner, efficient in duty, upright in character and an ornament to his profes- sion." In the resolutions adopted by the bar of Hills- borough C'ounty, and entered upon the records of the Supreme Court, Judget larke wasdescribed as "a pub- lie officer faithful and upright, discharging his official duties with signal ability ; a lawyer of large expe- rience in his profession, of well-balanced judgment and discretion, well read in the principles of the law, and faithful alike to the court and his client ; a viti- zen patriotic and publie-spirited ; in his private rela- tions, a gentleman of unblemished reputation, distin- guished for his high-toned character, affable manners and uniform courtesy; and illustrating in his public and private life the character of a ( Christian gentleman, governed by the principles which he was not ashamed to profess."

CLINTON WARRINGTON STANLEY.1-The subject of this sketch was born in Hopkinton, N. H., Devem- ber 5, 1-20. He was the oldest of four children, having one sister, Helen Isabel Scribner (deceased March, 1565), and two brothers, Edward W. Stanley. of Hopkinton, and Benton M. Stanley, of New London.

His father, Horace C. Stanley, still living at Hop- kinton, is a farmer of moderate means, but of frugal and industrious habits, which are often a surer guar- anty of the comfort- of lite than greater riches. He is a sturdy, honest man, of well-balanced character. and has always enjoyed the respect and confidence of his community.

His mother. Mary Ann (Kimball) Stanley, was a noble and intelligent woman, highly appreciative of the value of learning, earnestly and devotedly at- tached to the interests of her family and friends, and an ardent worker for the good of society. It was largely due to her energy and encouragement that her son was enabled to acquire his collegiate and professional education.

She commenced his instruction at home, and at the age of three years placed him in the district school, where he made good progress and showed signs of those properties of mind which marked his course in later life.

When about eleven years old he entered Hopkin- ton Academy, where he remained until his prepara- tory education was completed, and at the age of fourteen was admitted to Dartmouth College.

He was the youngest member of his elass, and one of the youngest who ever completed the course of study in that institution. He graduated in 1849, and immediately began the study of law in the office of Hon. H. E. Perkins, in Hopkinton. During the fol- lowing winter he taught school in that town; and, although it was a difficult school to manage, and he young and without experience, still he completed the term with remarkable success and gave entire satis- faction.

He continued to study with Judge Perkins until April, 1851, during which time he had the entire charge of the post-office at Contoocook and conducted its business in the name of his instructor, who was postmaster during the administration of President Pierce. He then came to Manchester, and entered the office of Hon. George W. Morrison, where he continued the study of law until his admission to the bar in the Supreme Court in Hillsborough County, August 12, 1852. During this time he taught school in Acton, Mass., two terms (winter of 1850-51 and 1851-52), where he met with good success.

One of his pupils, now a prominent business man in that vicinity, says: "Mr. Stanley was the most successful teacher we ever had during my school-days. He was able to impart knowledge in a plain, intelli- gent manner, which even the dullest could under- stand; and his instruction was impressed upon the minds of his scholars in a forcible way which enabled them to remember it with great distinctness. He is still remembered by the people here with much re- speet."

While pursuing his legal studies he displayed the practical ability and industry of his character. Judge Perkins says: "Ile was quick to see just what should be done, and always did it without being told."

Mr. Morrison says: "He was one of the best stu- dents I ever had. Without interfering with his stu- dies, he very soon became familiar with the practice sufficiently to do the ordinary business of our office with remarkable facility and accuracy."

The office of Mr. Morrison afforded a rare oppor-

THE BENCH AND BAR.

tunity for law-students. A great volume of business was being transacted, and probably no other place in the State had such advantages for learning the prac- tice, and few lawyers could have been found as well qualified to impart instruction or convey to the stu- dent the subtle and intricate lessons of the advocate and jurist, and it is easy to see how a man possessed of the ability and genius of Judge Stanley became so thorough a practitioner even while a student.

Immediately after being admitted to the bar he returned to Hopkinton, and remained at his home until April, 1853. It was during this time that the decease of his mother occurred. He returned to Manchester, and became associated with Mr. Morri- son and John L. Fitch, Esq., under the firm-name of Morrison, Fitch & Stanley. That copartnership continued until November, 1857. During its exist- ence the health of Mr. Fitch gradually became im- paired. In those days the Hillsborough bar con- tained some of the ablest lawyers in the State. It was a period of extensive litigation. Morrison, Fitch & Stanley were engaged in most of the important cases, and their practice extended largely into other counties. The preparation of causes for trial and the care and burden of the office-work devolved upon the junior member.

It was a kind of labor which he enjoyed and for which he was well fitted, and he pursued it with zeal and assiduity. He was faithful and painstaking in the extreme in the investigation of complicated mat- ters of fact, and his judgment in the application of legal principles was sound and comprehensive. The close scrutiny with which he examined every cir- cumstance, and watchful care with which he gathered up all the details of business, gave him uncommon readiness and great advantages of an executive char- acter, and combined to make him one of the most successful practitioners of his time.

In February, 1856, Patten's Block, where their office was located, was burned, and nearly all of the library and other books, together with many valuable papers of the firm, were destroyed. In November, 1857, Mr. Fitch withdrew from the firm and the business was continued in the name of Morrison & Stanley, but with no material change in its character.

In 1858, Judge Stanley was appointed by the United States Circuit Court a commissioner of that court, which position he held until he was made a member of the Circuit Court of New Hampshire. In April, 1860, Hon. Lewis W. Clark became associated with them, under the style of Morrison, Stanley & Clark, which continued over six years. The prominence of this firm is widely known. Mr. Clark brought to it his rare combination of ability as an advocate and a lawyer, and, although the junior, he fairly divided the honors with the other members of the firm. They had the largest docket in the State and were justly entitled to a front rank in the profession. The natural result of their situation, however, was to

more than proportionally increase the responsibility and the labor of Judge Stanley. He carried more burden of solid professional work during those years than any other man in the State, and, in the belief of many of his brethren, his work would have com- pared favorably with that of any member of the profession in the country.

In December, 1866, Mr. Clark retired, and the former style of Morrison & Stanley was adopted, which continued until 1872. Early in that year Mr. Frank Hiland was associated with them, and they continued their business in the name of Morrison, Stanley & Hiland. The firm of Morrison & Stanley was the oldest law partnership in the State at the time Mr. Hiland became a member.

They continued together until the Superior and Circuit Courts were established, and Judge Stanley was appointed one of the associate justices of the Circuit Court in September, 1874, a position he held until that system of judiciary was abolished, in 1876. When the Supreme Court was established by the Republican party, the selection of suitable persons to constitute the court was not entirely without embar- rassment, but it was universally conceded that Judge Stanley should be one of the appointees. In the two years which he had been upon the bench he had demonstrated his entire fitness and ability for a higher position, and his selection as one of the associate justices of the Supreme Court was commended by the bar and the people of the State with one accord. This position he held until his decease. Indeed, he was in the midst of a jury trial when the " poisoned arrow " fell at his feet.

Notwithstanding the many duties and responsibil- ities of his professional and official life, he still had time and strength for other labors.

In 1865 he was elected president of the City National Bank, which position he held until 1879, when the bank was changed and became the Mer- chants' National Bank. He was elected a trustee of the Manchester Savings-Bank in 1883, which position he held at his decease. He was a good financier, and being familiar with the law concern- ing commercial paper and securities and possessing superior business ability in a general sense, he was qualified to discharge the duties of those places of trust to which he was elected with remarkable ease and facility.

Judge Stanley was earnestly interested in educa- tional matters. He was one of the trustees of Dart- mouth College from 1881 to the time of his death, and was one of the most efficient and active managers of that institution. He was not wholly in sym- pathy with the long-established course of study, but favored the "optional " principle and the introduc- tion of the modern languages and scientific studies, to some extent, in place of the classic course of the early days of the college. But high above all prefer- ences of this nature with him was the determination

HISTORY OF HILLSBOROUGH COUNTY, NEW HAMPSHIRE.

of his character to do well and thoroughly whatever was being done, and if it were not the wisest way, then to change for that which was such speedily. Ile realized also that institutions of learning like Dart- mouth College could not be successfully managed unless upon the same business principles which in- sured success dsewhere, and he applied himself to the duties of the college trustee with the same thor- oughness and fidelity that characterized his efforts in other places of public trust. That venerable institu- tion lost one of its stanchest friends and safest advisers in the decease of Judge Stanley.

He was one of the most earnest promoters of the undertaking to establish a school under the auspices of the Unitarian denomination, and was one of the committee of the Unitarian Educational Society to procure, as a U'nitarian institution, the Proctor Aead- emy at Andover, N. II. He was one of the trustees from the time when the society took control of the school, and was one of its warmest and most efficient friends. He was an earnest advocate of the "country academy," believing it to be one of those institutions in our educational system which afforded the priv- ileges of school to certain classes that would otherwise be deprived of them, and that it should be fostered and multiplied until every village and hamlet in the country had received its advantages.

Judge Stanley attended the Unitarian Church during most of his life in Manchester. He was for many years a trustee, and at the time of his decease the president of the first Unitarian Society. His connection with that society and his discharge of the duties of chief executive officer were characterized by the same earnest desire to do his whole duty that dis- tinguished him everywhere.

Politically, Judge Stanley was a life-long Democrat, although he was in no sense a politician. He had strong, clear convictions upon the matters of admin- istering the government, both in the State and the nation, and was in sympathy with the principles and theories of the Democratic party, and never hesitated to express them whenever occasion required.

Ile married Miss Lydia A. Woodbury, only daughter of William Woodbury, Esq., of Weare, N. H., Deceni- ber 24, 1857. He resided about two years in the north- erly part of the city, on Beach Street, but in 1859 he purchased and remodeled the place on the corner of Concord and Pine Streets, which he made his resi- dence, and where he lived until his decease. There, in one of the happiest of homes, he gathered his law and miscellaneous libraries and pursued his official labors and studies in the most agreeable manner possible, and no matter how humble the petition, how unreasonable the hour or how unnecessary the intru- sion, his frank and genial welcome was always ex- tended to the visitor and his patient and kindly audience given. His easy and social manner relieved those with whom he had official relations of every restraint, and the performance of his duty was always free from harshness or useless formality. Those who met Judge Stanley, either officially or socially, will always rembember such occasions with feelings of respect and gratitude.

While Judge Stanley was able to do everything which came within his sphere of life well, and seemed to lack for no faculty, he was nevertheless distin- guished by certain prominent traits of character and endowed with certain mental qualities in a remark- able degree. He had great tenacity of purpose-not the sentiment which springs from personal conflict, but a strong and abiding principle running through every fibre of his being and steadily asserting itself in every action. He was a man of strong, elear con- victions and was as faithful to the course which they marked out as the needle to the pole. He disregarded abstractions in reasoning and despised methods of sophistry. His logie was remarkable for its directness and brought him to conclusions with the rapidity almost of intuition ; and it is not too much to say, generally with unerring precision. . He was possessed of a wonderfully strong and comprehensive memory, of very great industry and remarkable powers of endur- ance, and, what seemed to be made up from many facul- ties, a grand general business ability which rendered him so valuable and efficient in every place where he was called to act. He loved the practice of the law, because it afforded a wide field for his intensely active nature, and an opportunity for the protection of in- dividual rights.

His connection with the Masonic fraternity was somewhat prominent, and his respect and regard for that institution were pronounced and sincere. He become a member of the fraternity in January, 1862, receiving all the degrees of the American system, in- cluding the orders of knighthood, during the following But it was upon the bench that Judge Stanley was able to do the best work of his life. He knew well the value of a fearless and conscientious court. His discriminating mind, accurate memory, great love for justice and equity, and quick energetic decision of character fitted him in a remarkable degree for the duties of that position. Few men have been able to transfer their labors from the "heated conflict of active practice to the unimpassioned and exalted duties of the bench" with more perfect adaptation or complete fitness. The universal commendation of his official year. He was Worshipful Master of Washington Lodge in 1867 and subsequently held important offices in the Grand Lodge of the State. He was a good Mason. We can express no higher commendation. As a citizen, Judge Stanley was a model. He was quick to respond with his mean- and counsel in all worthy enterprises, while he was prudent and sensible in the expend- iture of public funds or private contributions. As a friend and companion, he was dear to his chosen circle, highly respected for his wise admonitions and cherished for his pleasant cordiality and entertaining manners. I life and the profound respect in which he was held

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History of Hillsborough County, New Hampshire, Part 6

Author: Hurd, D. Hamilton (Duane Hamilton) Publication date: 1885 Publisher: Philadelphia : J.W. Lewis Number of Pages: 1168

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1885
Publisher: Philadelphia : J.W. Lewis
Number of Pages: 1168