History of Merrimack and Belknap counties, New Hampshire, Part 10

Author: Hurd, D. Hamilton (Duane Hamilton), ed
Publication date: 1885
Publisher: Philadelphia [Pa.] J. W. Lewis & co.
Number of Pages: 1520

USA > New Hampshire > Merrimack County > History of Merrimack and Belknap counties, New Hampshire > Part 10
USA > New Hampshire > Belknap County > History of Merrimack and Belknap counties, New Hampshire > Part 10

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From the first he took advanced grounds on the subject of extending the system of railroads through the State and in granting to them the right of way, which was for a long time bitterly contested. From its organization, in 1845, he has been actively inter- ested in the Northern Railroad, having been a director

HISTORY OF MERRIMACK COUNTY, NEW HAMPSHIRE.

on every board and for eight years president of the corporation. In 1852 and 1853 he became interested in manufacturing in the village of Franklin, and was an owner and director in the woolen-factory, de- stroyed by fire in 1858.

December 31, 1859, he was appointed one of the judges of the Supreme Judicial Court, which respon- sible trust he exercised until October, 1870, when, having reached the age of seventy years, the consti- tution of the State relieved him from further duty. The last term of court over which he presided he brought to a close on the day before his seventieth birth-day.

In the cause of education, and especially in Dart- mouth College, his alma mater, in all its departments, he has ever been deeply interested. Since 1858 he has been a trustee of that venerable institution; since 1870 a trustee of the New Hampshire Agricultural College; since 1877 its president.

For the last fifty years of his life Judge Nesmith has owned and occupied real estate that has required cultivation. He lias therefore taken a deep interest in the measures adopted to improve the condition of the agriculture of our State. He has been enrolled among the practical farmers of the State. He lent his aid in organizing our New Hampshire State Agricultural Society in 1850-51, and acted as its president during those years.

In 1871 Dartmouth College conferred upon him the degree of LL.D. The incorporation and estab- lishment of the New Hampshire Orphans' Home, in 1871 (of which institution he has been president since its organization), and its maintenance since, has oc- cupied much of Judge Nesmith's attention of late years, and he takes a paternal interest in every little orphan received there. He has attended to the pur- chase of the property and its daily support since, to the employment of the labor necessary for carrying on the farm and the other departments of the insti- tution, disbursing all the money from the treasury.

In politics Judge Nesmith was a Whig, and has been a Republican from the organization of the party. For many years he has been a member of the Con- gregational Church of Franklin, and is a consistent, if not an active, member. As a lawyer, he has the reputation of closing many lawsuits and stopping much litigation. His clients have always reposed the utmost confidence in his judgment. During his connection with the bar of Merrimack County he has been engaged in many heavy lawsuits. Among the students who have studied with him are Hon. Asa P. Cate, Hon. Stephen G. Nash, Hon. Austin F. Pike, Hon. Daniel Barnard, John Bell Bouton, Daniel A. Clark, Walter P. Flanders and Frederick Bartlett. One of the most pleasant reminiscences of his life is his friendship and intimacy with the "Great Expounder," Daniel Webster.

Friendly relations with Mr. Webster had existed for a number of years. As one of the Whig dele-

gates from this State, elected for the purpose of nominating a President in 1848, when Zachary Tay- lor was finally nominated, Judge Nesmith gave his vote for Mr. Webster. He also supported him at the Whig National Convention at Baltimore, in June, 1852, as his favorite candidate for the same office, having cast for him, at the several (fifty) ballotings there made, his vote. About one week's time was con- sumed in making a choice at this memorable contest, when General Scott was nominated, and without much chance of an election.

September 26, 1826, he was joined in marriage to Mary M., daughter of Samuel and Annie (Bedel) Brooks, granddaughter of General Timothy Bedel, of Revolutionary fame. Mrs. Nesmith was born in Haverhill, July 8, 1799, and died, much lamented, May 31, 1885. Of their children, but one survives. George Brooks Nesmith, born February 13, 1831, died October 26, 1852, while a member of the junior class of Dartmouth College. Arthur Sidney Nesmith, born March 30, 1833, served the State during the War of the Rebellion in the quartermaster's department, holding the rank of captain; married Mary E. Moulder, of Washington, D. C .; served as represent- ative in the Legislature for the town of Franklin for the years 1868 and 1869, and died, deeply lamented, August 18, 1877, from the result of disease contracted in the army, leaving two daughters, who still survive, aged, respectively, fifteen and twelve years. Annie Nesmith, born July 24, 1841, resides with her father.

In closing this imperfect sketch of Judge Nes- mith's life, I will quote the summing up of his character in Rev. W. R. Cochrane's "History of An- trim:" "He is a man of noble principles and hon- ored life, enjoying, in his old age, the highest confi- dence and esteem of men;" a lawyer of sound judgment, of good sense, a safe counselor and an honest man.

As a sequel to the words of Mr. McClintock, we would add that Judge Nesmith has now arrived to a green old age, having nearly reached the age of eighty-five years.

From the experience and lessons of his early life he was taught the benefits of active out-door exercise.

By the observance of the general rules laid down for preserving good health, and under the power of a kind Providence, he has realized much enjoy- ment in his latter days. Though Cicero did not die at a very advanced age, yet, in his treatise on old age, he knew how to prescribe correct rules for the aged (page 157),-

" Videtis, ut senectus non modo languida, atque iners non sit, verum etiam sit operosa, et semper agens aliquid."

" You see, that old age not only should not be slug- gish and inactive, but also industrious, and always doing something." No doubt the steady, active em- ployment of all our faculties tends to prolong our lives and give a zest to old age.

Amid the enjoyments of the protracted life of Judge

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Nesmith, still there have been mingled in his cup many of the trials and sorrows incident to the death of many intimate friends. The loss of these friends and the certain termination allotted to all earthly life now serve as faithful monitors that but a few days at best remain for the accomplishment of life's work here, and that much diligence is required to perfect it.

HON. ISAAC N. BLODGETT was born in the town of Canaan, November 6, 1838. His father was the late Hon. Caleb Blodgett, a prominent citizen of Grafton County, who served many years in the Legislature, and was also a member of the Senate and of the Executive Council. Hon. Jeremiah Blodgett, of Wentworth, is his uncle. He received a thorough education at the Canaan Academy, read law with Hon. William P. Weeks and Anson S. Marshall, and commenced the practice of his profession at Canaan in December, 1862. In 1867 he removed to Franklin, and was a partner of Hon. Austin F. Pike until March, 1879.

He was four years a member of the House of Representatives from Franklin, taking a leading position upon the Democratic side, and was an active member of the Constitutional Convention of 1876. He has taken strong interest in political affairs, and was chairman of the Democratic State Committee in 1876 and 1877.

He was appointed an associate justice of the Su- preme Court, November 30, 1880, a position which he still occupies.

In June, 1860, he was united in marriage to Sarah A., daughter of Rev. M. Gerould. They have one child, a daughter, now a member of Wellesley Female College.

E. B. S. SANBORN was born in Canterbury, N. H., August 11, 1833. He graduated at Dartmouth Col- lege in 1855 and read law with Nesmith & Pike, and was admitted to the bar in 1857. He settled in Franklin in 1868, where he has since resided. He has represented the town several terms in the Legis- lature and is at present one of the railroad commis- sioners of the State.

AARON WHITTEMORE, Jr., son of Hon. Aaron Whittemore, was born at Pembroke in 1849. He was educated at Pembroke Academy and Harvard Law School, read law with Hon. John M. Shirley, of An- dover, admitted to the bar in 1870, at the age of twenty- one, and commenced practice in Pittsfield, where he continued until his death, May 4, 1885. He was a mem- ber of the last State Senate and judge-advocate on the staff of Brigadier-General White, commanding New Hampshire National Guard, and was also captain of Weston Guards, of the Third Regiment. He was iden-

tified with the best interests of Pittsfield, and was a worthy and highly-respected citizen and lawyer.

JOHN M. SHIRLEY was born in what is now East Tilton November 16, 1831. He was admitted to the bar in 1854, and soon after commenced practice in Andover, where he has since resided. He has asso- ciated with him in Andover Mr. George W. Stone, under the firm name of Shirley & Stone; he has also an office in Concord, in partnership with Colonel John H. George, under the firm name of George & Shirley. Mr. Shirley is also deeply interested in historical matters. He is a Democrat in politics.

HON. IRA A. EASTMAN was born at Gilmanton, N. H., January 1, 1809. He was the son of Captain Stephen and Hannah Eastman. He was graduated at Dartmouth College in 1829, at the early age of twenty. He immediately commenced the study of law with the late Judge John Willard, of Troy, N. Y., in which city he commenced the practice of his pro- fession in 1832. His love for his native State and town, however, induced him to return to Gilmanton in 1834, where he continued his practice. He was clerk of the New Hampshire Senate in 1835. As evidence of the esteem and confidence his townsmen reposed in him, they sent him to the Legislature in the years 1836, 1837, 1838, over which body he was the presiding officer the two last years. From 1839 to 1843 he was representative in Congress. He was one of the circuit judges of the Court of Common Pleas from 1844 to 1849, and a judge of the Supreme Judicial Court from 1855 to December 1, 1859, at which time he resigned the office. He had also been one of the justices of the Superior Court of Judica- ture from 1849 to 1855.

Judge Eastman was a thorough and industrious student, and by his diligence became learned in the law. His attention to his profession always gave him plenty of clients, and he never lacked business while he was in active practice. He was an eminent jurist, as his opinions in many volumes of the New Hamp- shire Reports abundantly testify. Judge Eastman was trustee of Dartmouth College at the time of his death, and that institution conferred the degree of LL.D. upon him in 1858. He died at Manchester in March, 1881.

AUSTIN F. PIKE, of Franklin, N. H., was born October 16, 1819; received an academic education ; studied law and was admitted to the bar of Merrimack County in July, 1845, and has been in active practice since; was a member of the New Hampshire House of Representatives in 1850, '51, '52, '65 and '66, and Speaker of the House the last two years ; was a mem- ber of the New Hampshire Senate in 1857 and '58, and President of the Senate the last year ; was chair-

HISTORY OF MERRIMACK COUNTY, NEW HAMPSHIRE.

man of the Republican State Committee in 1858, '59 and '60; was delegateto the Philadelphia Convention which nominated General Fremont in 1856; was elected a Representative to the Forty-third Congress, serving from December 1, 1873, to March 3, 1875, and was elected to the United States Senate as a Repub- lican, to succeed E. H. Rollins, Republican, and took his seat December 3, 1883. Mr. Pike is in practice in Franklin in company with F. N. Parsons.

FRANK N. PARSONS, was born September 3, 1854; graduated at Dartmouth College in 1874; read law with Hon. D. Barnard, of Franklin, and G. C. Bartlett, of Derry, N. H., and was admitted to. the bar March, 1875. The firm is Pike & Parsons.

HON. EDGAR H. WOODMAN, the present (1885) mayor of the city of Concord, dates his ancestry in this country to Edward Woodman, who arrived. at. New- bury, Mass., from Malvern, England, in 1635, and from that time to the present the Woodman name has been honorably and prominently identified with the professional and business interests of New England.

Hon. E. H. Woodman, son of John Kimball Woodman and Mary Jane . (Drew) Woodman, was born in Gilmanton, N. H., May. 6, 1847. He was educated at the Gilmanton and Boscawen Academies, fitting for college at the latter. He finally decided, however, not to enter for a collegiate course,. but went to Poughkeepsie and attended Eastman's Business College, the representative institution of its kind in this country. After receiving the degree of Master of Accounts he came to Concord, and in February, 1866, entered the employ of Colonel C. C. Webster as book-keeper, with whom he remained until July, 1868, when he accepted a position in the adjutant-general's office, tendered him by Gov- ernor Nathaniel Head, then adjutant-general of the State. October 27, 1868, while gunning in Gilman- ton, he received an accidental gun-shot wound which resulted in the loss of his right arm. He had gone to his native town to cast his first vote, and was tak- ing a vacation for a few days when the accident occurred. Possessed of a good constitution, his arm healed rapidly, and in the following December he returned to this city and spent the winter learning to write with his left hand at the Commercial School in Manchester. In April, 1869, as assistant superin- tendent of construction and paymaster, he entered upon the work of building the Suncook Valley Rail- road, and continued therein until the road was com- pleted, in December of the same year.

January 1, 1870, Mr. Woodman commenced his legal studies in the office of Minot, Tappan & Mu- gridge, where he remained until 1872, when the treasurer's office of the Northern Railroad was re-

moved to Boston, and Judge Minot appointed him assistant treasurer of the Boston office. While dis- charging his duties here he attended law lectures at the Boston University, and, in 1873, was admitted to the New Hampshire bar. He, however, remained in charge of the Boston office of the railroad until its removal to this city, April 1, 1876, and continued therein until April 1, 1878, when the office was again transferred to Boston. He then resigned his position in the treasurer's office, and at once entered upon the practice of his profession in this city, opening an office in the Board of Trade buildings. July 1, 1879, he removed to his present office in the Governor Hill, block, which is the same office in which he commenced the study of law. He brought to the practice of his profession a good knowledge of law, sound judgment, quick perception and an indomita- ble will, which have borne legitimate fruit in the securing of a good practice, which is constantly increasing.

The citizens of Concord, recognizing his ability and integrity, in 1882, tendered him the nomination for mayor, an honor which came to him unsought and while he was absent from the city. He was elected by a large majority, and re-elected in 1884, and is the present mayor.

Mayor Woodman is a prominent member of the Masonic fraternity; has been recorder of Mount Horeb Commandery since 1877, and was also secre- tary of Eureka Lodge and Trinity Chapter; secretary of Concord Masonic Association, and is the present treasurer. He is treasurer of the Peterborough and Hillsborough Railroad, and of Saint Paul's Episcopal parish. He is also a director in the First National Bank and president of the Wehster Club. May 6, 1878, he married Georgiana Hodges, of Boston, Mass., and they had one child, George Edgar, who died in infancy. Mrs. Woodman died January 8, 1879.

Genial and courteous by nature, he has won hosts of friends; he is an able and ready speaker, and au executive officer of marked ability.

LYMAN DEWEY STEVENS, a leading member of the Merrimack bar, was born in Piermont, N. H., Sep- tember 20, 1821. His father, Caleb Stevens, was born in Hampstead, N. H., November 27, 1782, and died March 29, 1870; his mother, Sally Dewey, was born in Piermont, January 2, 1793, and died January 9,1879.

Mr. Stevens pursued his preparatory studies at Haverhill (N. H.). Academy. He graduated at Dart- mouth College in 1843. He then became principal of the Stanstead (C. E.) Academy, where he remained two years, and later assisted Jonathan Tenney, for a

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BENCH AND BAR.

short time, as principal of the academy at Pembroke, N. H. While in Stanstead, he decided upon the legal profession as his life-work, and began his studies in the office of E. C. Johnson, Esq., of Derby, Vt. He subsequently continued his studies with Hou. Ira Perley in Concord, N. H., and was admitted to the bar in October, 1847. He at once opened an office in Concord, where he has remained to the present time in the successful practice of his profession.

Mr. Stevens has ever manifested a lively interest in his adopted city, and all measures tending to advance its welfare have found in him an able and fearless advocate. He was elected mayor of Concord in 1868, and re-elected in 1869. During his mayoralty he instituted various reforms and improvements, the most notable being the adoption of the present sys- tem of sewage. This was almost the first real and substantial improvement that the people had beeu called upon to make, and it is not surprising that he met with determined opposition in this needless out- lay of expenditure, as many deemed the movement. He paused not, however, to listen to the words of opposition, which, in many instances, were exceed- ingly severe, but proceeded fearlessly to carry on the improvements which the health and beauty of the city demanded. The wisdom of his course soon be- came apparent, even to the most strenuous opponent. He is now, and has been for a long series of years, identified with various leading interests of the city. He has been a director in the National State Capital Bank since 1865, and president of the Merrimack County Savings-Bank since its organization. He is also president of the Board of Trade, and a director in the Page Belting Company.

He was appointed by Governor Gilmore to adjust the suspended war-claims of New Hampshire against the United States accruing prior to May, 1863, and also to attend the dedication of the National Ceme- tery at Gettysburg, November 19, 1863, as commis- sioner from New Hampshire.

His interest in charitable objects has led to his appointment as vice-president and treasurer of the New Hampshire Home Missionary Society. He was also a trustee in the Kimball Union Academy and Boscawen Academy. He has served on the school committee, and been a member of the city Board of Education.

Politically, Mr. Stevens is a Republican, and has been since the organization of that party. He has been called to various positions within the gift of his townsmen and fellow-citizens. He was city solicitor in 1855 and 1856; a member of the House of Repre- sentatives in 1860, '61, '66 and '67, and was elected Senator in 1884. He was one of the Presidential

electors in 1872, and was also a member of Governor Bell's Council.

Mr. Stevens is a member of the South Congrega- tional Church and one of its most active and ener- getic supporters.

August 21, 1850, he united in marriage with Ach- sah Pollard, daughter of Captain Theodore French, of Concord, by whom he had two children,-Margaret French and Henry Webster. Mrs. Stevens died July 2, 1863. January 20, 1875, he married Frances Child Brownell, of New Bedford, Mass., and they have two children,-Fanny Brownell, born January 10, 1876, and William Lyman, born April 5, 1880.

The present members of the Merrimack bar are as follows :

John H. Albin.

Benjamin E. Badger.

Bingham & Mitchell (Harry Bingham, John M.

Mitchell).

Chase & Streeter (William M. Chase, Frank S. Streeter).

Warren Clark.

C. E. Clifford.

Charles R. Corning.

Sylvester Dana.

Daniel B. Donavan.

Samuel C. Eastman.

George M. Fletcher.

William L. Foster.

John H. George.

John P. George.

Fred. H. Gould.

S. G. Lane.

Leach & Stevens (E. G. Leach, Henry W. Stevens).

Wells H. Johnson.

Nathaniel E. Martin.

Luther S. Morrill.

A. F. L. Norris.

Henry Robinson.

Henry P. Rolfe.

Charles P. Sanborn.

Harry G. Sargent.

Everett J. Sargent.

Arthur W. Silsby.

Lyman D. Stevens.

Reuben E. Walker.

Edgar H. Woodman.

Willis G. Buxton.

David F. Dudley. C. E. Carr.

Shirley & Stone.

M. W. Tappan.

A. F. Pike.

Isaac N. Blodgett.

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HISTORY OF MERRIMACK COUNTY, NEW HAMPSHIRE.

Daniel Barnard.

E. G. Leach.

G. W. Nesmith.

G. R. Stone.

W. M. Barnard.

F. N. Parsons.

.J. B. Hazelton.

George S. Blanchard.

A. F. Burbank.

T. H. Thorndike.

A. W. Bartlett.

E. A. Lane.

Samuel Davis.

A. P. Davis.

S. K. Paige. W. W. Flanders.

Walter C. Harriman.

CHAPTER III. THE NEW HAMPSHIRE STATE-HOUSE.

BY ISAAC W. HAMMOND.

THE first session of the Legislature that was held in Concord convened in March, 1782. Prior to that time, and subsequent to the commencement of the Revolu- tionary War, legislative sessions, with two exceptions, were held in Exeter ; those two exceptions being the September session of 1777 and the October session of 1780, which were held in Portsmouth.

From 1782 to 1808 the Legislature was a movable institution, and held its sessions in Concord, Exeter, Portsmouth, Charlestown, Dover, Hanover, Hop- kinton and Amherst,-at whichever town the members of the next preceding Legislature voted to have it held. The matter of deciding at what place the next Legislature should sit came up at every session, and often occasioned consider- able strife among the members. A vote in favor of one town was occasionally reconsidered and another town finally decided upon, in consequence, probably, of some of the members having been " seen " and persuaded that a change would be for the best in- terest of the State.

Since 1808 all legislative sessions have been held in Concord, although not permanently located here un- til the completion of the State-House, in 1819. In 1814 the matter of having a permanent habitation came up in the Legislature, and the members wisely concluded that the wandering life theretofore led by the honorable body and the exposure of its records to loss in consequence of frequent removals, as well as to destruction by fire for want of proper vaults, was

not conducive to the best interests of the State, and accordingly, on the 6th day of June of that year, a committee was appointed by the Legislature "to take into consideration the expediency of building a State-House, and report where, and the time when, it will be expedient to commence the building," etc. Said committee reported that, so far as they could learn, all of the States in the Union, except New Hampshire, had provided themselves with a State- House and located a " seat of government ;" and also, " That it is justly considered derogatory to a respect- able and independent State to suffer the officers of its government to sit and transact the business of the State in a building mean in its appearance and desti- tute of suitable accommodations. That your commit- tee are deeply impressed with a sense of the propriety, expediency and even necessity of providing fire- proof rooms for the safe keeping of the public rec- ords," etc. The committee further reported that a State-House might be built upon reasonable terms, and advised the appointment of a committee of three persons to sit during the recess of the Legislature, designate a location, prepare plans, ascertain the probable expense and receive proposals for erecting the building, and report to the next Legislature. The report was accepted, and a committee, consisting of Hon. John Harris, of Hopkinton, Benjamin Kimball, Jr., of Concord, and Andrew Bowers, of Salisbury, was appointed.

On the 13th of June, 1815, said committee re- ported that they had prepared a plan and ascertained that the probable expense would be about thirty thousand dollars if huilt of stone; that Stuart J. Park had made a proposal to complete the building for thirty-two thousand dollars ; that a majority of the committee had designated a location in Concord west of the court-honse ; and also reported that the inhabit- ants of Salisbury had offered to contribute seven thousand dollars if the Legislature would locate the building in that town.

The report was accepted, and another committee was appointed to inquire whether any donations would be made by the town of Concord or its citi- zens if the building was located in the place desig- nated by the committee. The citizens of Concord were agreed as to the propriety of having it in their town, but were not agreed as to the lot upon which to locate it. Subscription papers were circulated by each faction ; the people at the north end favored the site of the present court-house, and those resid- ing at the south end favored the "Green lot," which was the one finally selected. A sufficient amount of money was pledged by each party to meet the re- I quirements of the legislative committee; but the disa-

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History of Merrimack and Belknap counties, New Hampshire, Part 10

Author: Hurd, D. Hamilton (Duane Hamilton), ed Publication date: 1885 Publisher: Philadelphia [Pa.] J. W. Lewis & co. Number of Pages: 1520

Author: Hurd, D. Hamilton (Duane Hamilton), ed
Publication date: 1885
Publisher: Philadelphia [Pa.] J. W. Lewis & co.
Number of Pages: 1520