History of Hillsborough County, New Hampshire, Part 7

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

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THE BENCH AND BAR.

by the members of the bar are evidence of his great merit as a judge.

Judge Stanley died December 1, 1884, after a very brief illness. He was holding the September term at Nashua, and suspended for a few days on account of slight indisposition, as was generally understood, when, suddenly and without warning, the fatal change came. His death was a painful shock to the whole State, causing deep and widespread sorrow. The whole community mourned his decease as a public loss, and the distinguished concourse which assembled to pay the last sad rites and show their respect for him was a more eloquent tribute to his worth than the profoundest eulogy.

We cannot conelude this imperfect sketch of our esteemed friend more fittingly than by subjoining the proceedings of the Supreme Court at the law term in March, 1885, concerning his decease.

The attorney-general, Hon. Mason W. Tappan, addressed the court and said,-

" May it please your honors :

"I rise to the performance of a melancholy duty, -that of presenting resolutions in reference to the death of your late associate, Judge Stan- ley. I had intended to have presented these resolutions at the session of this court in December, but it was thought best to postpone it till the present time, when there would be a more general attendance of the members of the bar from the various counties in the State.

" The announcement of the death of Judge Stanley in the early days of winter fell with startling suddenness upon the members of the bar and the people of the State, and very few knew of his serious illness until the intelligence was flashed over the State that he was dead.

"And it is very hard to realize even now that he, who, but a few weeks ago, seemed in the enjoyment of such perfect health and who gave promise of so many years of future usefulness in the position which he adorned on the bench of this court, has passed from among us forever.

"The suddenness of Judge Stanley's death cannot help reminding us of the words of Mr. Burke on a somewhat similar occasion, which are frequently quoted, but so little heeded : 'Snatched from us, as he was, in the midst of his usefulness, while his desires were as warm and his hopes as eager as any of ours, has feelingly told us what shadows we are and what shadows we pursue.'

" His funeral was attended by a large concourse of people, not only from the city where he dwelt, but by the members of the bar and others, coming, I believe, from every county in the State, showing the high esteem in which he was held by all ranks and classes in the community.

"The friendly and genial relations which existed between Judge Stanley and the members of the bar generally, and, I may add, of the bench as well, will cause him to be sincerely mourned and his name and character to be held in kindly remembrance as long as any of those who knew him shall live. I move, your honors, the adoption of the following resolutions :

" Resolved, That in the death of the IIon. Clinton Warrington Stanley, one of the associate justices of the Supreme Court of New Hampshire, on the 1st day of December, 1884, we recognize the loss of one of the most untiring members of the bench, who, by his ability, integrity and faithful devotion to the duties of his office, had deservedly earned and possessed the esteem, confidence and respect of his associates and of the bar and people of the State.

"We recognize, also, his sterling qualities as a man and a citizen, which made him honored and respected in all the relations of private life.

" And we respectfully request the court to direet that these proceedings be entered upon its records, and that a copy thereof be presented to his widow, with the assurance of our deep and heartfelt sympathy in her bereavement."

Mr. Justice Blodget then spoke as follows :

"The estimation in which Judge Stanley was held by the profession has been so fitly expressed in the resolutions which have been presented, and in the remarks which have been made, that nothing seems to remain

for the court to add but to express briefly its high appreciation of his worth and the deep sense of its heartfelt loss.

"To say that our brother was invaluable to his associates upon the beneh is but the feeble utterance of a self-evident truth, well-known to the bar of the State and to all others having business in her courts during the last decade. And from his very nature it could not be otherwise, for it was as natural for him to work as to breathe, and he ceased from his labors only as he yielded up his life. But he was far more than a mere worker ; he was an able, painstaking and an upright judge. His com- prehensive mind, sound judgment, retentive memory and unexcelled ex- ecutive capacity, added to his untiring industry and the ability practically to apply legal principles, gave him eminent qualifications for the rapid discharge of his judicial duties, and commended him alike to his associ- ates, to the bar and to the general public. To say this is not eulogy, but only the repetition of what has been said by all who knew him upon the bench. Mistakes he undoubtedly made, and failings he undoubtedly had, for he was human, but they may be all covered by a mantle of charity less broad than he was ever willing to extend over the errors of others ; and if men are to be judged by the aggregate of good and of evil in their lives, by the balancing of their virtues and their faults, few, indeed, will be found to stand better than he, either in the estimation of their fellows or in the judgment of their God.

"But it is not for his judicial life alone that Judge Stanley will long be affectionately remembered. As a companion and as a friend, as a man and a citizen,-in short, in all the relations of life, -he merited and received the confidence and regard of all classes of our people. And as we recall his simple habits, his cheerful presence, his delightful social qualities, his true heart, his loyalty to duty, his nice sense of honor, his love of justice and hatred of wrong, it is not surprising that in this gen- eration, at least, the death of no other citizen of New Hampshire has carried more widespread sorrow to the hearts of her people or called forth more notable tributes of their respect.

" But while, humanly speaking, we mourn his untimely removal in the prime of his manhood and in the midst of his usefulness, we cannot but be grateful that his busy, laborious and faithful life was erowned with a most fitting close ; for with only a brief illness, and with all his faculties unimpaired, he was mercifully called away without a struggle, by a touch as gentle as that which loosens the ripe fruit from its bough. 'God's finger touched him and he slept.' Ilis work was done, -his mis- sion was accomplished."

Chief Justice Doe spoke as follows :

"Brother Blodget speaks for us all, but my personal relations with brother Stanley were of such a character and duration that I beg to be exeused for adding a word. As school-mates, brother Clark and I be- came acquainted with him thirty-eight years ago last August, and we remained on intimate terms, with some separation of time and space, till the sudden end last December. For us and many others no death, out- side the immediate family circle, could come so near home. The melan- choly feeling of personal loss is witness of the social and moral side of the man. So many friendly acts without ostentation of favor ; so many scenes of harmonious counsel ; so long a period of united labor, with some inevitable and highly useful diversity of view and opinion, but without a single unpleasant jar or discord left in recollection ; so much constant attention to the wants of others ; so much assistance rendered so habitu- ally as to be expected and received as a matter of course ; so much sacri- fice of his own time, labor and convenience for our own benefit ; so many hours and days and years lighted up by his tolerant and cheerful spirit,- all this and all the pleasures of life that this suggests bring a sense of personal bereavement sellom experienced by those who are not of near kindred.

"The untiring energy that rendered the most valuable judicial service was enlisted in helping his associates, as well as in various enterprises, public and private. His capacity for continnous labor, for details and for everything comprised in the successful con luet of business, combined with equanimity and profound and enthusiastic interest in everything he undertook, made him an invaluable member of the court and would have carried him to the highest distinction and snecess in any department of active life.

"One instance of his ineessant usefulness illustrates the productive nature of his talents. The present system of examining candidates for admission to the bar is entirely his work, and the great advantages derived from it by the profession and the community are a result of the mission of progress and improvement in which he was always engaged. Should this system be long continued, it will go far to produce such a bar and bench as the interests and the eredit of the State demand. This one movement has already done enough for the cause of legal education in

HISTORY OF HILLSBOROUGH COUNTY, NEW HAMPSHIRE.

Now lang Fr . a lasting Sonnigen to his memory. On every øl walay in imgroveli ethode f à lministration abundant evidence

"What Did him pills plewing as an associate, and his life the baja taul wiet satisfait ry, was his imperturbable serenity. I have MI Box th estar es ef Annoyance when he must have thought Ilf Of the I, and when others in his place would have made more of boatil toa fang , but fren all these thirty -eight and a half years 1 a los anglescewlon when he showed any sign of irritation. If this . Vipurifimary fetis dite Ura memory that failed to record some expressedin fondore lor, it is, nevertheless, true that in kind- n ff \t . 1 fr 1 m from fretfulness and resentment-qualities the most desirable in a Ich nd and of prime necessity in a judge-he was

"The solution of the lar will be entered on the records of the art anim [y sent | Mrs. stanley."

Hos. HERMAN FOSTER was born at Andover, Mass., October 31, 1500. He removed to Hudson, N. H., with his father's family in 1810. He prepared for college, but was prevented from pur- sning a college course by a disease of his eyes. He first engaged in mercantile business in Boston, and was married to Harriet M. A. Whittemore, of West Cambridge, Mass., in November, 1826. He removed to Warner in March, 1830. He studied law with the Hon. Henry B. Chase, of Warner, and was admitted to practice in December, 1839. He commenced prac- tice in Manchester, N. H., in 1840.

He was town treasurer before the city was char- tered. He was a member of the State Legislature in 1-45-46 and in 1868-69; member of the State Senate in 1son and 1561, of which body he was president the latter year. He was one of the first directors and clerk of the Manchester and Lawrence Railroad, a director of the old Amoskeag Bank for many years, a director of the Amoskeag National Bank, and a trustee and one of the investigating committee of the Manchester Savings-Bank from its organization to his death. Healso was one of the founders of the City Library, treasurer and clerk of the Manchester tras- Light Company from its organization to his death.

In his profession, Mr. Foster was a safe and valu- able counselor. He formed his opinions upon careful study and examination, and they were generally cor- rect and reliable. In the preparation of a cause he was thorough. He neglected nothing and was seldom caught unprepared. It may safely be said the affairs of no client suffered in his hands. Mr. Foster died February 17, 1-75.

LEWIS W. CLARK. I-Judge Lewis Whitemore Clark, son of Jeremiah and Hannah (Whitemore) Clark, was born in Barnstead, N. II., August 19, 1528.

With most exellent natural mental capacity, he early showed a hunger for knowledge. Hi- education began in the common schools of his native town, wa- pursued through Pittsfield and Atkinson Academics. in which institutions he prepared for college, and Dartmouth Colleze, where he was graduated with ex- cellent standing in 1s60.

He immediately hecan the special preparation for

his chosen profession and at the same time was prin- cipal of Pittsfield Academy. His principalship of this school continued from August, 1850, to December, 1852, with eminent success. He began his law studies with Hon. Moses Norris, continued them under the direction of Hon. A. F. L. Norris, and on September 3, 1852, was admitted to the bar of New Hampshire, to commence a career of professional service that has been alike honorable to himself and creditable to the commonwealth of which he is a citizen,

He practiced law for a time in Pittsfield, N. H., but his abilities were such as to soon call him to the me- tropolis of the State, where he has since resided, one of its best-beloved citizens.

He was associated in the practice of his profession with Hon. George W. Morrison and Hon. Clinton W. Stanley, late associate justice of the Supreme Court, and remained in this law firm for six years. After a time he formed a law partnership with Hon. Henry H. Huse, under the firm-name of Clark & Huse, and continued thus until May 24, 1872, when he was ap- pointed attorney-general of the State by Governor Weston, an appointment which his learning and ability justly merited. This position he held, with great credit to himself and benefit to the State, until August, 1876.

His ability and great learning as a lawyer, his faith- ful and eminent discharge of the duties of attorney- general of the State, and his already marked judicial ability pointed to him as the man to fill the vacancy which had occurred on the Supreme Bench, and on August 13, 1877, he was appointed judge of the Su- preme Court of New Hampshire, an appointment highly satisfactory to the able bar of the State. This position he has filled to the present time with highest honor to himself and in a manner worthy the great lawyers who have occupied the Supreme Bench of New Hampshire.

In December, 1852, he united in marriage with Miss Helen M., daughter of Captain William Knowlton, of Pittsfield, a lady every way qualified for the compan- ionship of her eminent husband. Two children have been born to them,-Mary Helen and John Lewis.

Politically, Judge Clark is a Democrat, and while not a partisan, has been a wise and honored leader in the Democratic party. In 1855 he was the nominee of his party for Congress in the Second Congressional District and served as a member of the New Hamp- shire Legislature from Pittsfield in the years 1855, 1856, 1857.

Since his elevation to the Supreme Bench, in ac- cordance with his high sense of honor, he has with- drawn from active participation in politics, while still profoundly concerned in all questions relating to his country's weal.

The private character of Judge Clark is one of stainless integrity. His mind is eminently one of great self-poise and unusually perfect adjustment. He possesses in an unusual degree the power to grasp

Herman Hoster

CecileElal

THE BENCH AND BAR.

all sides of questions that come under his notice, and with imperturbable calmness deal with them.

He is pre-eminently a lawyer. He loves his profes- sion, and whether at the bar pleading, or on the bench deciding, he is always the searching, candid, judicial-minded lawyer. This word is ennobled and and dignified by Judge Clark as it is and has been by the thousands of other great names who have so much to do in making the great in American history.

Socially, Judge Clark is genial, cordial, of great amiability, direct, and in all his bearing towards all marked by a large-hearted kindliness and perfect simplicity.

His whole character is permeated by profound reli- gious conviction. Personally he is a Baptist, in regular communion and active fellowship with the First Bap- tist Church of Manchester, but his great catholicity of character and mind put him in warm fellowship with all noble lives of every faith.

In the confraternity of his profession he stands enviably high. In the circle of society in which he moves he is sincerely respected and loved. In the community of his residence he is esteemed and honored ; and as a citizen, his large influence can be uniformly depended upon in behalf of the public well-being.

ISAAC W. SMITH.1-The opportunity to attain the posts of high honor and extensive influence, which under our free institutions is put within the reach of all who feel stirring within them the requisite latent ability, and are willing to submit to the requisite labor, is illustrated in the life of the subject of the fol- owing sketch, the Hon. Isaac W. Smith, associate justice of the Supreme Court of New Hampshire.

Paternal Ancestry .- I. Samuel Smith, supposed to have emigrated from England and to have been among the early settlers of Haverhill, Mass.

II. Samuel Smith, died June 2, 1781, in the eighty- sixth year of his age. Sarah, his wife, died April 5, 1801, aged ninety-two years.

III. Joseph Smith, born January 22, 1740 (O. S.), died January 28, 1816 ; moved from Plaistow, N. H., to Hampstead, N. H., March 4, 1800. He was a sol- dier in the War of the Revolution. His grandmother (whether paternal or maternal is not known, nor her name) died March 5, 1795, at the age of one hundred and two years. He married (1) Hannah Harriman, May 6, 1762, who was born March 25, 1744, died May 6, 1782, and by whom he had eleven children ; (2) Mary Sawyer, December 2, 1784, daughter of Jon- athan Sawyer, born October 19, 1758, at Atkinson, N. H., died December 2, 1802, and by whom he had five children ; (3) Mrs. Phebe Runnels, September 5, 1803, who died in July, 1821, aged seventy-nine years.

IV. Isaac Smith, fourth child of Joseph and Mary (Sawyer) Smith, born at Plaistow, N. H., May 31, 1793, died at Hampstead, N. H., June 11, 1869;

married (1) Mary Clarke, daughter of Nathaniel and Abigail (Woodman) Clarke, July 18, 1822, who was born Jannary 21, 1800, died June 6, 1833, and by whom he had three children ; (2) Sarah Clement, Oc- tober 23, 1834, daughter of Moses and Mary Clement, of Salisbury, N. H., who was born December 9, 1795, died May 2, 1866, and by whom he had two children ; (3) Abigail Clarke, March 20, 1867, daugh- ter of Nathaniel and Abigail (Woodman) Clarke, who was born April 5, 1795, and died August 27, 1879. She was the widow of David Clarke, of Sandown, N. H., who died November 24, 1834, at Lowell, Mass Isaac Smith was a country merchant, who carried on an extensive business for nearly half a century in Hampstead, and was widely and favorably known as a public-spirited citizen, strongly identified with the religious, educational and political interests of the town. He was charitable in his views and liberal with his means, and was often called to positions of public trust and responsibility. His character was above reproach, and he died honored and lamented by all who knew him.

Maternal Ancestry .- I. Nathaniel Clarke, born in 1644 and died August 25, 1690; married, November 23, 1663, Elizabeth, born November 1, 1646, daughter of Henry and Judith Somerly, and died March 15, 1716. Nathaniel Clarke's name appears among the early set- tlers of Newbury, Mass., where he resided. He appears to have been a man of unusually strong qual- ities, mental, moral and physical, and these qualities have been transmitted from generation to generation among his descendants to a quite remarkable extent.

II. Nathaniel Clarke, Newbury, Mass., born March 13, 1666; died October, 1690; married Elizabeth, born October 16, 1665, daughter of Dr. Peter and Jane Toppan, and sister of Rev. Christopher Toppan, D.D. Her father was sixth in descent from Robert, of Linton, near Pately Bridge, in the West Riding of York, where his descendants continue to the present day among the most respectable families of that country. Nathaniel went with the expedition to Canada in 1690, and was mortally wounded there on board the ship "Six Friends," in October of the same year.

III. Nathaniel Clarke, Newbury, Mass., born July 29, 1689; died in 1754 ; married, March 7, 1709, Sarah, born November 3, 1692, daughter of Samuel and Sarah Kent Greenleaf.

IV. Nathaniel Clarke, Haverhill, Mass., born in 1728; died November 7, 1805; married, February 18, 1753, Mary Hardy, of Bradford, Mass., born October 8, 1733, died June 13, 1817. Ile was a member of Captain Richard Saltonstall's (2d) company of foot; served in 1780 on the committee to collect clothing for the army, and was active in furthering the cause of the Revolution.

V. Nathaniel Clarke, Plaistow, N. H., born in 1766, died March 19, 1846; married Abigail Woodman, born August, 1765, died April 3, 1844. When fifteen years old he enlisted for three years as fifer in Cap -

1 By Rev. Edward HI. Grecley.

HISTORY OF HILLSBOROUGH COUNTY, NEW HAMPSHIRE.

tain Nehemiah Emerson's Company, Tenth Massa- chusetts Regiment, and remained till the close of the war. lle was wounded at the battle of White Plains.

VI. Mary Clarke, born at Plaistow, N. H., January 21. 1500; died June 6, 13, at Hampstead, N. H .; married Isaac Smith. July 18, 1822. She was a woman of great personal beauty and rare sweetness of char- actor, possessed of gentle ways, dignified manners and fine womanly sense. She lived an exemplary Christian life, and her early death was deplored by a large circle of friends.

Isac William Smith, the second child of Isaac and Mary (Clarke) Smith, was born in Hampstead, N. H., May 18, 1825. His parents shared fully the honor- able ambition which has from the beginning charac- terized our old New England families, and which goes so far to account for the moulding and controlling force of the New England element in the country at large. - the ambition to secure the best possible advan- tages of education for their elildren. For an end so important in their estimation they were willing to toil and to make large sacrifices, and for this, in his case as in so many others, a debt of gratitude not easily to be repaid is felt to be most justly due.

His early years were passed in the quiet atmosphere of a country village, under the influences of a pure and happy home, and in attendance for brief periods at the academies in Salisbury, Atkinson, Derry and San- bornton. At the age of fifteen years he was sent to pursue his studies preparatory for college at Phillips Academy, Andover, Mass., then under the care of Sammel H. Taylor, LL.D., one of the most distin- guished educators that this country has as yet pro- duced Having completed these studies, he entered Dartmouth College in 1842. The president of the college, Rev. Nathan Lord, D.D., was then in the full meridian of that remarkable career which secured for him a place among the foremost college presidents of the country. The class with which Judge Smith graduated in 1546 was small in number, but is re- markable for the proportion who have become distin- guished in professional life, including Rev. Charles A. Aiken, D.D., president of Union College and pro- fessor in Princeton Theological Seminary ; Hon. Ben- jamin F. Ayer, LL. D., lawyer, Chicago, Ill .; Dr. Josiah W. Barstow, superintendent of Flushing (N. Y.) Insane Asylum ; Rev. James J. B'aisdell, D.D., professor in Beloit College; Hon. Joseph M. Cavis, judge of Fifth District Court, California ; Dr. Edward HI. Parker, professor in New York Medical College; Res. Alonzo I. Quint, D. D., trustee of Dartmouth College; Hon. Edward JJ. Warren, judge of Superior Court, North Carolina ; and Rey. Joshua W. Well- man, D. D., trustee of Andover Theological Sem- inary.

soon after his graduation Judze Smith commenced hi- legal studies in the office of William Smith, Exg., at Lowell, Mass. After spending nearly a year in

this office, he removed to Manchester, and completed his studies in the office of Hon. Daniel Clark. He was admitted to the bar July 9, 1850, and soon after entered into a partnership in legal practice with Hon. Herman Foster, which continued nearly two years. Subsequently he was for five years the partner of Hon. Daniel Clark.

He was early recognized by his fellow-citizens as taking a lively interest in the welfare of his adopted city and as qualified to fill positions of trust and re- sponsibility in its affairs. He was president of its Common Council in 1851 and 1852, city solicitor in 1854 and 1855, and mayor of the city in 1869. In 1855 he was appointed judge of the Police Court of Man- chester, but resigned the office in 1857 to engage more fully in the practice of his profession. He was elected in 1859 to represent his ward in the Legislature of the State, and was re-elected in the following year, and in the latter year was chairman of the judiciary committee of the House of Representatives. In 1862 and 1863 he was a member of the State Senate and chairman of its judiciary committee. In 1863 he was appointed by President Lincoln assessor of the Second Internal Revenue District of New Hampshire, and held the office until 1870. He was appointed associ- ate justice of the Supreme Judicial Court, February 10, 1874, by Governor Straw. In August of that year the court was reorganized, and he was appointed by Governor Weston associate justice of the new court, and held the office until the court was again reorganized, in 1876. After leaving the bench he resumed the prac- tice of his profession, and continued it until July, 1877, when a vacancy occurred in the Supreme Court, and he was, upon the recommendation of almost the entire bar of the State, appointed by Governor Pres- cott to fill it, a position which he still occupies.

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History of Hillsborough County, New Hampshire, Part 7

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