History of Merrimack and Belknap counties, New Hampshire, Part 9

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 9
USA > New Hampshire > Belknap County > History of Merrimack and Belknap counties, New Hampshire > Part 9

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years. Some twelve or fifteen years ago he became a director of the Concord and Portsmouth Railroad, a position which he still holds.

Mr. Walker took an early interest in the New Hampshire Asylum for the Insane, and became one of its trustees in 1847 and its secretary in 1848. These positions he still occupies, having held them for nearly . forty years. Being a resident trustee, he has had much active service in connection with the outside business of that institution. Since his con- nection with it, its accommodations for patients have increased from those for ninety-six patients to ample ones for three hundred and fifty.

He has ever taken an active interest in the New Hampshire Historical Society, of which he became a member in 1845 and has since served it in various ways, acting as its librarian from 1845 to 1850, its recording secretary from 1849 to 1853, its second vice-president from 1860 to 1861, its first vice-presi- deut from 1861 to 1866, and its president from 1866 to 1868. He was also active in the successful efforts to procure for it a permanent habitation of its own and in fitting this to meet the wants of the institu- tion.

He also took a deep interest in the founding of the New Hampshire College of Agriculture and the Me- chanic Arts. He was chairman of the special com- mittee of the House of Representatives, in 1866 to whom this subject was committed, drew and reported the bill establishing it, which, with some modifica- tions, passed both branches of the Legislature, and after its organization was for a year or two one of its trustees. His name uow stands upon its catalogue as lecturer to its students upon the subjects of drainage and irrigation.

Mr. Walker has always felt a deep interest in the welfare of his native city. Twice-in 1866 and 1867 -he has represented it in the Legislature, and for two years he was a member of its Board of Aldermen.

The educational interests of the city have also received his earnest support. Up to about 1850 the schools of Concord had been as poor as those of any other large town in the State. The consolidation of the three districts in the central part of the city into one, since known as Union School District, was the first important step in their improvement. The second was the establishment of a Board of Education in this district. These two steps subsequently secured a new interest on the part of its people in the welfare of their schools. A systematic grading of the schools and a rebuilding of all its school-houses, with such additional buildings as the wants of the schools re- quired, were the third and fourth in this important work, which required large expenditures of money by the district and large expenditures of time, skill and patience on the part of the Board of Education. The result has been the elevation of the schools to a level with that of the good schools of New England, and the placing within the reach of all the children

HISTORY OF MERRIMACK COUNTY, NEW HAMPSHIRE.

of this district the means of attaining a respectable English or classical education.

Mr. Walker was one of the original members of this Board of Education, and by successive elections was continued such for thirteen years, at the expira- tion of which period he felt that he had contributed his share of work in this direction, and retired.

Mr. Walker was one of the original members of the committee appointed by the city for the purchase of a new cemetery, and took an active part in laying out the grounds of Blossom Hill Cemetery, in 1860, and in securing a proper ordinance for the regulation of its affairs. After a service of ten years he retired from this position, in 1870.

He has ever been a good deal interested in agricul- tural and historical subjects; from time to time has written papers, and on various occasions has delivered addresses upon these. All the fourteen volumes of "Reports of the Secretary of the Board of Agricul- ture" contain one or more of these, with the excep- tion of the thirteenth. Before the New Hampshire Historical Society and the New England Historic Genealogical Society he has repeatedly read papers upon historical and biographical subjects ; many of these latter have been printed.

ANSON SOUTHARD MARSHALL1 was born in Lyme, New Hampshire, December 3d, 1822, and died in Concord on the morning of July 5th, 1874. His father was a farmer, and young Anson's boyhood was passed on the farm, where his naturally delicate constitution became strong and vigorous and thus en- abled him, in the succeeding years of his busy life, to bear its fatigues and worriments without seriously affecting his health. At an early age he inclined to- wards reading and study ; and, although he did not neglect the sports incident to his gleeful disposition, young Marshall found time to indulge in a course of reading somewhat unusual for one of his years. With au ambition like this, it was but natural that he should turn his eyes towards that venerable seat of learning only a few miles distant from his father's homestead.

Accordingly, he entered Dartmouth College at the age of twenty-one, having fitted himself in the space of eighteen months while at the academy at Thetford. Among his classmates were the Hon. James W. Pat- terson, now superintendent of State instruction, the Hon. Henry P. Rolfe, Albert H. Crosby, M.D., and many others since distinguished in their various walks of life. He was graduated in the class of 1848, and, like many a young graduate of that time, sought his immediate livelihood in the vocation of school- teacher. In this he was singularly fortunate. About the year 1849 the town of Fitchburg, Mass., estab- lished a High School, and the committee having the selection of teachers in charge chose Mr. Marshall from a large number of applicants. To the wisdom

of this choice the old people testify to this day, and his name is held in most affectionate regard by those who attended the school during his principalship. As a teacher, he was remarkably successful; his method of instruction was such as to interest the scholar without the tediousness of an unchanging routine.

As an illustration of his originality as a teacher, he once dismissed his class and went with it to a circus, in order, as he said, that his scholars might see the exceeding suppleness and perfection of the human body as shown by the performers. As a practical lesson in anatomy, this deviation from the truly or- thodox regulation may have proved productive of much good.

While in Fitchburg, Mr. Marshall entered his name in the law-office of Wood & Torrey, but his school duties must have prevented any serious or deep researches in the literature of that profession, to which he afterward dedicated his life.

He often referred to the time he spent in Fitch- burg as one of the pleasantest of his life, and when- ever, in after-years, business called him in its neigh- borhood, he was sure to visit the old scenes and to receive the hearty welcome of those of his old friends who yet remained.

In 1851 he left Fitchburg and came to Concord, where he lived to the day of his death. Entering the law-office of President Pierce and Judge Josiah Minot, he made good progress in his studies, and the next year was admitted to the bar.

A partnership was formed with his former class- mate, Mr. Rolfe, which continued until 1859, and was then dissolved, Mr. Marshall remaining alone until 1863, when William M. Chase, Esq., became associated with him under the name of Marshall & Chase.

There is, probably, no State in the Union where politics are more assiduously cultivated than in New Hampshire, and especially by the lawyers; so, when Mr. Marshall found himself again in his native State, his active mind inevitably turned to party questions. He came from a stanch Democratic family, and his later associations were of the same political faith. One of the eminent lawyers with whom he had studied was President of the United States, the other was one of the wisest counselors in the Democratic camp, and it is not surprising that the young man just entering into life should take an active part in the management and detail of the campaigns.

He was elected assistant clerk of the House of Representatives, and, later, was appointed district attorney by President Buchanan, which office he held until the advent of the Lincoln administration. The fascination of politics never wore off, and he continued to render his party efficient service on the stump and in the council-room.

In 1867 he was chairman of the Democratic State

1 Dy Charles R. Corning.

BENCH AND BAR.

Committee during one of the most exciting cam- paigns ever waged. Andrew Johnson had broken with the Republican party, and as New Hampshire then held its election in March, the great eye of the nation was fixed on the Granite State to see if she wavered in the fidelity to those principles which had so long guided her.

The fight was hitter and hotly contested, but Mr. Marshall and his party were heaten. His genial nature, however, did not suffer from the defeat, his cheery ways were not lessened, and there lurked in his generous mind no feeling of resentment or of revenge either toward his own party or his opponents.

In the spirited contest between the Northern and the Concord Railroads Mr. Marshall was an active factor, and about 1870 was elected clerk of the latter corpo- ration, a position which he held at the time of his death.

But law was, most truly, Mr. Marshall's forte, and to it he devoted the best years of his life.

He was not a learned, nor was he even an unusu- ally well-read lawyer, but few, indeed, excelled him in getting at the pith of the case or in applying the necessary legal principles. He possessed a confidence and courage that helped him to conquer difficulties which others might have deemed insurmountable, and, above all, a tact which never failed him. He was uniformly polite not only to the bench and to the bar, but to the witnesses arrayed against him. Nor was his manner of cross-examination severe except when he knew the truth was held back; and even then he depended more on worrying the wit- ness than on vehement denunciation.

His knowledge of human nature was large, and he knew almost by intuition which juryman needed his particular attention.

But it was as an advocate that Mr. Marshall attracted the public notice, for he so invested his arguments with wit and humor that the conrt-room was sure to be filled whenever it became known that he was to address the jury. His manner of speech was quiet, but he never failed to indulge in invective and sar- casm if the cause demanded it, and with these weapons he was counted a most dangerous adversary.

He rarely, if ever, wrote out and committed his speeches, either political or forensic; but he care- fully thought them out as he walked the streets, and this, together with his exceeding readiness, both of words and of apt illustrations, often misled his hearears as to the method of his preparation.

One element that distinguished him was his habit of putting himself in his client's place ; he seemed to feel his cause and to make it his own.

His law practice increased year by year, and at the time of his death had become one of the largest in the State.

Mr. Marshall was one of those happily organized men who enjoyed life and its blessings to the utmost ; he could lock law cases in his office and go forth

among society with a seeming forgetfulness of his morrow's labors, and it was in this way that he found that temporary recreation so indispensable to the brain-worker.

He was exceedingly fond of nature and loved to roam round the beautiful drives of Concord, whose beauty he so keenly appreciated. Indeed, it was the love of such outings that led him to his terrible death.

He was one of the most charming conversational- ists that ever lived, for his vast reading had made him a full man, and there was no subject upon which he could not entertain his hearers. His quick wit and readiness at repartee gave his conversation a sparkle and lustre that never failed to delight even those whose opinions were at variance with his own.

But one of his most beautiful traits was his liking for boys and young men. They were attracted to him hy his politeness, for Mr. Marshall made it his habit to bow to everybody, no matter how humble, and aside from this, he often paused in his walks to inquire of them about their studies or their pas- times. He took much pleasure in recommending courses of reading to the young, and willingly lent his own books to encourage them.

His taste in reading was excellent, and his library contained the works of the great writers and poets.

It may not be out of place to say that his favorite author was Scott, and his favorite poem "Gray's Elegy."

He had a strong memory, and oftentimes, while in his company, I have heard him quote long passages from Shakespeare, Milton and others, and so accu- rately that he seldom halted for a word.

In religion Mr. Marshall entertained very liberal views of man's duty and man's reward, although for the last years of his life he was an attendant at the South Congregational Church, and his funeral ser- vices were conducted by its minister.

He retained the respect of his fellow-citizens, for he was active and full of public spirit, and it was with heavy hearts that those with whom he had lived so long learned of his tragic death.

On the bright morning of July +, 1874, he drove with his wife and young son to the grove at the head of Lake Penacook, where he intended to lunch. A militia company, encamped on the grounds not many rods away, suddenly began firing at a target. Mr. Marshall heard the bullets whistle near and called out to the men to he careful. He then rose to his feet and was instantly shot in the abdomen. The wound was mortal, and death ended his agonies a few hours later.

His funeral was largely attended by all classes of society ; the bench and the bar and the State gov- ernment were all represented.

He lies in Blossom Hill Cemetery, on the ridge facing the north, and near him lie his friends Ira Perley, Charles C. Lund, George G. Fogg, John Y. Mugridge and Asa Fowler.

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HISTORY OF MERRIMACK COUNTY, NEW HAMPSHIRE.

At the next term of the Supreme Court after his death the following resolutions were entered upon the records :

" Resolved, That in the recent eudden and untimely death of Anson S. Mershall, Esq., a prominent member of this bar, struck down in the vigor of life and the full possession of all his powers, through the culpable, if not criminal, carelessuess of others, we regret the loss of a frank and courteous gentlemen, a kind and genial associate and companion, a gen- erous and public-spirited citizen and an active, zealous and able lawyer, always untiring in his devotion to the interests of his clients and ever laborious and patient iu the practice of his chosen profession.

" Resolved, That we tender to the family of nur deceased brother our eincerest sympathy in the afflictive dispensation which has deprived them of an affectionate husband and indulgent father.

" Resolved, That these resolutions he presented to the Court, with a re- quest that they he entered upon the records, and their clerk instructed to transmit a copy of them to the family of the deceased."

Mr. Marshall was married to Mary Jane Corning April 9, 1861. Anson Southard Marshall, Jr., was born March 29, 1863, and is now studying law in the office of Chase & Streeter.

HON. GEORGE WASHINGTON NESMITH, LL.D.1- One of the most affable and genial gentlemen of the old school is Judge Nesmith, of Franklin, or, more widely, of New Hampshire. His years sit lightly upon him. An honorable man, a just judge, a kindly neighbor, a good citizen and a ripe scholar, he can calmly sit in his well-appointed library, surrounded by his well-loved books and mementoes of the past, and review a well-spent life, crowned with honors. He is of pure Scotch-Irish descent. In him are united the families of the old Covenanters, the de- fenders of Londonderry, the hardy pioneers of New England, the heroes of Bunker Hill and the strict Presbyterians ; the Nesmiths, the McKeans, the Dins- mores and the Dickeys. He comes of a brave and cultured race.

Genealogy.2-1. James Nesmith was born in county Antrim, Ireland, in the valley of the Bann, in the year 1692, about two years after his parents, coming from Scotland, had settled there. In 1714 he married Elizabeth, daughter of James and Janet (Cochran) McKean, who was his companion for nearly half a century. James Nesmith was one of the signers of the memorial to Governor Shute, March 26, 1718, one of the proprietors of Londonderry and one of the original sixteen who made the first settlement of that town, April 22, 1719. James Nesmith was a strong man, respected and honored by his associates, and an elder in the church. He died in 1767.

2. James Nesmith, Jr., son of James and Elizabeth (McKean) Nesmith, was born in Ireland in 1718, shortly before the embarkation of his parents for America. He married Mary Dinsmore, and settled in Londonderry. Although beyond the military age, he took an active part in the struggle for indepen- dence, and was present at the battle of Bunker Hill,

at the siege of Boston and at Bennington. He died at home, July 15, 1793.

3. Jonathan Nesmith, son of James and Mary (Dinsmore) Nesmith, was born in Londonderry in August, 1759. At the age of sixteen he commenced to clear a lot in Antrim, and permanently settled there in 1778. He was one of the leading spirits of the town, an elder of the Presbyterian Church from its formation, a selectman for eleven years and a rep- resentative four years, commencing with 1796. For fifty years he missed but one communion. He was genial, jolly, good-natured and enjoyed a joke; was very hospitable and benevolent ; anxious for the pub- lic welfare; stoutly in earnest to maintain the faith of his fathers. He was a man of strong ability, good judgment, irreproachable character and an honor to the town he helped to establish. He married Elea- nor, daughter of Adam and Jane (Strahan) Dickey, of Londonderry, and granddaughter of Jolin and Mar- garet Dickey, of Londonderry, Ireland. She was born January 1, 1761, and died September 17, 1818. He died at the age of eighty-six, October 15, 1845.

4. George Washington Nesmith, son of Jonathan and Eleanor (Dickey) Nesmith, was born in Antrim, October 23, 1800.

Life .- His father's residence in Antrim was situate a mile from the district school-honse, and the dis- tance and his lameness interfered with his early attendance. Miss Katherine Miller, a sister of Gene- ral James Miller, later wife of John Caldwell, of Antrim, led him through the rudiments as found in Noah Webster's spelling-book. She was an ami- able and kind woman, well calculated to gain the affections of children. The other teachers who helped to mould his character were Miss Lucinda Lawrence, of Ashby, Mass .; Miss Fanny Baldwin, afterwards wife of Dr. Israel Burnham; and Miss Anstress Wood- bury, a sister of Hon. Levi Woodbury, who in later years married Hon. Nehemiah Eastman, and who became the early friend and patron of Henry Wilson in his boyhood. In the winter of 1810 he received instruction from J. Miltimore, of West Newbury, Mass .; in 1811, from Joshua Holt, of Greenfield, N. H .; and in 1812, '13 and '14, from Daniel M. Christie, of Antrim, afterwards of Dover, N. H. In early life, in the school-room, Mr. Christie gave evi- dence of superior ability as an instructor, and ranked as a model schoolmaster. He was an able mathe- matician, and could lead a class through the intrica- cies of figures with consummate tact.

In May, 1814, the boy was sent from home and placed at Jaffrey, under the instruction of Henry Cummings. His companions were Luke Woodbury and Samuel Dakin, of Utica, N. Y., the former for many years judge of Probate, while the latter lived to see his five sons take degrees from his own alma mater, Hamilton College. To Rev. John M. Whiton, minister at Antrim, was he chiefly indebted for his progress in the classics and his early preparation to

1 By J. N. McCliutock.

" This account is taken from the "History of Antrim," by Rev. W. R. Cochrane.

Geo. M. Nesmith.

BENCH AND BAR.

enter Dartmouth College. His course of four years embraced the stormy, threatening period when the Legislature of the State attempted to establish the Dartmonth University, and deprive the trustees of the college of their jurisdiction.

In the class of 1820, with Judge Nesmith, were graduated Hon. Nathan Crosby, of Lowell, Hon. George P. Marsh, Judges Upham and Woodbury, Hon. H. Williams and James W. Parker, and Rev. David Goodwillie, D.D., now of Trumbull County, Ohio, who yet survives.

After graduation he taught school at "the north end of Concord Street" four months, and at the academy at Bradford, Vt., eighteen months

He commenced the study of the law with Parker Noyes, Esq. (then of Salisbury, N. H.), Angust 14, 1822. Parker Noyes was the brother-in-law of Hon. Thomas W. Thompson, and his law-partner from A.D. 1801, continuing to 1807, when the firm was dis- solved, and Mr. Noyes succeeded to the whole busi- ness of the late firm.

He commenced the study of the law under the de- pressing infinence of poor health, but by adopting a rigid system of out-door exercise and manual labor, and strictly adhering to it for nearly two years, he regained his accustomed strength and vigor. The law business of Mr. Noyes was quite extensive, and required more than the ability and strength of one man to attend to it, so that the hearty co-operation of the young law student was duly appreciated and handsomely recompensed. Mr. Nesmith was ad- mitted to the bar in August, 1825, and immediately formed an equal partnership with Mr. Noyes, which continued until the end of one year, when the senior member of the firm withdrew from professional labor, on account of sickness, and surrendered the whole business to Mr. Nesmith. The kindness and liber- ality of Mr. Noyes to the young lawyer, on the threshold of his business life, has ever been rightly appreciated by the recipient.

The old law-office stood in the lower village of Franklin (then Salisbury, now known as the Webster Place). It was originally built and occupied about 1790, by Thomas W. Thompson. Its situation, near the point where four of the five great counties of the State then cornered, was well selected for legal busi- ness. Mr. Thompson was a good lawyer, but not a great advocate. His students acquired good, indus- trious habits and correct principles. They were Moses Eastman, Daniel Webster, Ezekiel Webster, Daniel Abbot, Jeremialı H. Woodman, Jacob Mc- Gaw and Parker Noyes. Ichabod Bartlett, D. C. Atkinson, John A. Harper, Josiah Houghton, Pea- body Rogers and William C. Thompson studied with Mr. Noyes. To the last named, Mr. Nesmith owed his invitation to leave his school in Bradford, Vt., and enter the office consecrated to legal lore as a student.

In April, 1829, Mr. Nesmith gave up the office at the lower village and removed to the upper village,

where he has ever since resided. The old office is still in existence, reduced from its lofty station, and now doing duty as a neglected back kitchen, the law- tomes being replaced by the more humble pans and kettles.

Mr. Nesmith at once took an active part in the affairs of his adopted home, and entered eagerly into the scheme to incorporate the territory from the four towns of Northfield, Sanbornton, Andover and Salis- bury into a township, when there would be a com- munity of interest,-the town of Franklin. The first petition was presented in 1824. The following year a viewing committee, consisting of William PInmer, Jr., Caleb Keith and Abel Merrill, examined the ter- ritory, and reported favorably in 1826. The Legisla- ture of that year rejected the application on the ground that a majority of the inhabitants within the territory in question were not in favor of the new town. In June, 1828, there was more union and con- sequently more strength, and the petition was pre- sented under more favorable anspices. Although opposed by the strennons efforts and influence of three towns, the charter was granted in December, 1828. Judge Nesmith wrote the charter and gave the town its name. The three opposing towns, at the June session, 1829, asked that the several tracts of territory taken from them should be restored. An order of notice was obtained for a hearing of this subject, returnable at June session, 1830. To the Legislature of that year Mr. Nesmith was elected to represent the young town, and advocate the inviola- bility of its territory. The struggle came on in June. The first hearing was before the committee on towns and parishes, of which Hon. Franklin Pierce was chairman. The committee, by a majority of one, re- ported adversely to the towns; but their report, after a long and well-contested debate, was rejected by the House by two majority. The territory taken from Northfield was restored to her on a final vote, the matter being settled by the casting vote of the Speaker. Twenty-six years afterwards this disputed territory, with more added, was quietly ceded to Franklin. His first legislative experience was ardu- ous and repulsive to Mr. Nesmith, and by the division of the town he saw his majority fade away. How- ever, he entered into the canvass of 1831 with vigor, and had the satisfaction of being re-elected by a ma- jority of fifty-an increased majority over that of the previons election. Judge Nesmith also represented Franklin in the Legislature in 1832, 1834, 1835, 1836, 1838, 1839, 1844, 1845, 1846, 1847, 1854, 1871 and 1872, and was a member of the Constitutional Con- vention in 1850 and 1851.

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History of Merrimack and Belknap counties, New Hampshire, Part 9

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