History of the town of Andover, New Hampshire, 1751-1906, Part I, Part 34

Author: Eastman, John R. (John Robie), 1836-1913; Emery, George Edwin, 1829-1900
Publication date: 1910
Publisher: Concord, N.H. Printed by the Rumford Printing Company
Number of Pages: 994


USA > New Hampshire > Merrimack County > Andover > History of the town of Andover, New Hampshire, 1751-1906, Part I > Part 34


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Frances Emily, daughter of Thomas R. White, born in An- dover, June 8, 1852, graduated Women's Medical College, Phila- delphia, and an instructor in same institution. Later a success- ful practitioner in Philadelphia.


LAWYERS.


John Hancock Slack was the first lawyer who settled in An- dover. He was born in New London, June, 1789. His parents came from Attleboro, Mass. On graduating at Dartmouth Col- lege in 1811, Mr. Slack became a teacher in Hopkinton. He soon chose the law as a profession and studied with Moses P. Payson at Bath, John Harris and Baruch Chase at Hopkin- ton and Henry B. Chase at Warner. He began practice at Goffs- town in 1814, moved to Wilmot, where he married Lydia Hast- ings. He came to Andover in 1816 or 1817, where he had an office at one time in the "old Mansion House," then owned by his father. This house stood where Mrs. George H. Morrill lived in 1906. He was apparently a better teacher than lawyer or business man. His greatest success in the legal field during his residence in Andover grew out of a horse trade. He bought of a noted jockey in Goffstown a once famous stallion, "Bullrock," giving his note for $400, but the horse proved to be impotent, utterly worthless. Suit was brought to collect the note. Slack was his own advocate and set up such a vigorous and eloquent defense that he not only proved the falsity of the adage that "the client who manages his own case has a fool for a lawyer." but won his case with flying colors. In 1820-21 he was located in Goffstown and in 1822 he was a lawyer in Pembroke. He soon abandoned the law and opened a school in Lebanon at the East village. From Lebanon he went to Georgetown, D. C., where he maintained a very successful school for a number of years. He finally purchased "Evergreen Plantation," near Drainsville. Fairfax Co., Va., where he resided the remainder of his life.


ELKINS.


Jeremiah Elkins was born at Andover. N. H., August 31, 1795. Ile was educated for the bar and practised law at Washington, D. C., for a considerable time. He returned to New Hampshire in 1835, and practised law at Guilford. He removed to Barn-


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stead in 1836, where he was elected to the state legislature for three years in succession. He was elected clerk of the house in 1836. On the 4th of March, 1837, he was appointed captain of the "Jackson Guards" in the Tenth Regiment. In 1838, he was. appointed judge advocate of the Second Brigade, N. H. Militia, and retained the office until 1845. He was appointed register of probate for Belknap County in 1841. when the county was: formed. and served with great acceptance for ten years. He re- moved from Barnstead to Meredith in 1846 and died there, greatly respected, in February, 1855.


BUTTERFIELD.


Samuel Butterfield was born in Goffstown in December, 1791. He studied law and began the practice of his profession in Ep- ping in 1817. He remained in Epping, save for a short period at Goffstown, until he settled at Andover Center in 1823. He opened an office as an attorney-at-law, but he soon became interested in many other enterprises besides his profession, which was still his chief interest. He bent his energies solely to the work in hand, taking up new schemes as those in hand were put in order. He was never idle. He was the only lawyer in town. He built and for many years owned the tav- ern, which in the era of stages and freight teams flourished under the management of William Walker and Henry and Simeon S. Moulton. He owned the principal store. a flourishing cooper shop and several farms in the vicinity. He and his wife were interested in all the good works of the neighborhood and of the town and they both were largely instrumental in establish- ing the Andover Academy.


He was postmaster at the Center during the administrations of Jackson and Van Buren; representative in the legislature in 1846 and 1847; member of the executive council in 1851 and 1852 and president of the State Capital Bank in Concord from its organization until his death. He was a man of great en- ergy and industry and by these qualities mainly he compelled success. He married young, and before he was twenty-five years old he found himself a widower with three children and at that time he had not acquired his profession.


He moved from Andover to Concord in 1855 and died in Con- cord July 4, 1860.


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HISTORY OF ANDOVER.


BUTTERFIELD.


William, son of Samuel Butterfield, was born in Goffstown, September 18, 1815; graduated from Dartmouth College in 1836 : studied law in his father's office in Andover ; admitted to the bar in Ohio. July, 1839 : practised in Gilmanton and Nashua ; editor of Lowell Advertiser 1842 to January 1. 1844, and main- tained a similar connection with the Nashua Gazette from April 23 to November 25, 1846; assistant secretary of state in 1845. He purchased the New Hampshire Patriot in December, 1846, and retained connection with that paper until 1873; joint state printer. with John M. Hill, 1847-1855; secretary of state 1874; member state board of equalization 1878 till his death: auditor publie printers' accounts 1879 till his death.


Mr. Butterfield married. December 31. 1844. Rosamond M., daughter of Findlay Robinson of Gilmanton; three sons. Mr. Butterfield died in Concord. February 1. 1884.


BRYANT.


Napoleon B. Bryant was born at East Andover. where he spent his early life getting such school training as was afforded at the district school. one term of private school and a few terms of Tyler's school in Franklin. By constant effort he secured the necessary preparation and took the prescribed course at Waterville College in Maine. At the age of twenty-two he began the study of law with Nesmith and Pike at Franklin. graduated from the Harvard Law School in 1848 and entered upon the practice of his chosen profession at Bristol the same year. At the age of twenty-five he was one of the commissioners of Graf- ton County and at twenty-nine had become county solicitor. From 1853 to 1855 he resided at Plymouth and secured a large and lucrative practice. In 1855 he moved to Concord and es- tablished the firm of N. B. Bryant and Lyman T. Flint. In 1856 he joined the ranks of the newborn Republican party and con- tributed to its final success in no small degree by his eloquent enthusiasm on the stump in all parts of the state. In 1857 he . was elected to the legislature and was re-elected in 1858 and '59, serving the latter year as speaker.


In 1860 he was a delegate to the Chicago convention and after


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LAWYERS.


the election that year took up the practice of his profession in Boston, where his success, professionally and financially, was very gratifying. After a long life of active but varied experi- ence, he retired from active pursuits in his profession to his native village, where. after several years of quiet enjoyment, he suddenly, at the close of a characteristic talk to the young people of the village, passed to the realms of the great beyond. At his best, he easily stood in the front rank of eloquent men in his native state.


HAMLIN.


Wolcott Hamlin was educated in the common schools and in Kent's Hill Seminary in Maine, and taught school for several terms. He came to Andover Center as a merchant, but after- wards studied law with Samuel Butterfield and was admitted to the Merrimack County bar in 1852. He moved to Dover and became solicitor for Strafford Co., resigning that office in 1861. He was the engrossing clerk of the U. S. Senate, 1861-70; mem- ber N. H. legislature 1866-67, and supervisor internal revenue, 1870-72. In 1878 he moved to Amherst, Mass., and organized the law firm of Hamlin and Reilly. He was the Prohibition candidate for governor of Massachusetts in 1892 and the candi- date for attorney general of Massachusetts in 1898. Mr. Ham- lin was a man of versatile attainments, genial, enthusiastic and a vigorous and zealous campaign orator. He died in Amherst, Mass., October 23. 1898.


SHIRLEY.


John Major Shirley (see family) had the educational advan- tages of the district schools of Sanbornton and Northfield and of a few terms at the academy of Dyer H. Sanborn at Sanborn- ton Bridge. He began the study of law with Cate and Rogers at Sanbornton Bridge, May, 1850, and was admitted to the Bel- knap County Bar, September 13, 1854. In October, 1855, he came to Andover and formed a partnership with Samuel Butter- field, which continued until the death of the latter in 1860. Mr. Shirley soon established a large practice and became an influ- ential citizen in this section of the state. He was postmaster 1855-59; representative 1859-60; superintendent of schools most of the period from 1858 to 1865; agent of town for en-


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HISTORY OF ANDOVER.


rollment of troops 1862-65. and delegate to the constitutional convention in 1876. He was reporter of the N. H. Supreme Court 1871-76. He received the honorary degree of A. M. from Dartmouth College in 1865. In 1879 he published a erit- ical examination of the "Dartmouth College Causes." in which he exhibited great power of analysis and concentration.


Mr. Shirley's work as a lawyer was chiefly notable for the care with which he prepared all his cases. While much of his success was due undoubtedly to his remarkable diction. some- times rising to impressive elocution. his chief reliance was in the preparation of his cases. with each important point supported by numerous citations from the wisdom of the courts. His fa- cility in the use of sarcasm and invective, sometimes crude and often employed to compel attention. was almost always aston- ishing or impressive. and is nowhere better illustrated than in his reports as superintendent of schools. 1858-65.


He had a cordial hatred for all shams and lost few oppor- tunities for expressing his opinion in that connection. Mr. Shirley's death before reaching the probable height of his pro- fessional career was a distinct loss to the community and to the state.


WHITCHER.


John Wesley Whitcher. son of Joseph and Nancy (Elkins) Whitcher, was born in Andover, February 26. 1829. Educated in common schools. attended Andover Academy. a student at Wesleyan University, Middletown, Conn .. 1848-49 and one term in sophomore class. but did not complete course. Was a teacher in Andover Academy. He was an excellent scholar and has re- mained a classical student to the present time. Resided at Du- buque. Iowa, 1850-51; teacher Grant County. Wis .. 1851-52; civil engineer on the Ohio and Pennsylvania Railroad. 1852; civil engineer on Fort Wayne and Chicago R. R., 1853: land agent Ill. Central R. R .. 1855-61 : studied law in Concord, N. H .; admitted to bar in Chicago, Ill., 1862; practised law in Oakland, Cal .. 1862-64; city attorney for Oakland; practised law in Vir- ginia City. Nev., 1866-72; superintendent public instruction, Hovey Co., Nev., 1868-81 : city attorney. Virginia City, Nev., 1868: United States Commissioner of Circuit Court, District of Nevada. Since 1900 an invalid. Unmarried.


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LAWYERS.


From the beginning of Mr. Butterfield's residence in Andover in 1823, to the present time, there has been an important at- torney's office at the Center village.


Mr. Butterfield maintained the office alone until 1852, when the law firm became Butterfield and Hamlin. On October 1, 1855, Mr. Hamlin retired and John Major Shirley was the part- ner of Mr. Butterfield, until the death of the latter in 1860.


Many lawyers began their professional careers as students of this office.


William Butterfield, eldest son of Samuel, studied law with his father. but was admitted to the bar in Ohio (see sketch).


Jonathan Ware, third son of Samuel Butterfield, studied law with his father. The following were students with Butterfield and Shirley or with Shirley. A more detailed account of each, if known, will be found in the sketches which follow :


James L. Wilson studied with Butterfield and Shirley.


Andrew L. Greeley studied with Butterfield and Shirley.


Joseph Warren Fellows studied with Mr. Shirley.


J. L. Greeley studied with Mr. Shirley and went to California.


John M. Quimbie studied with Mr. Shirley and went to Ne- vada and California.


Silas M. Ellis studied with Mr. Shirley; admitted to the bar but did not practise.


John P. Carr. Jr., studied with Mr. Shirley.


Aaron Whittemore, Jr., studied with Mr. Shirley; practised in Pittsfield.


James Lewis Foote studied with Mr. Shirley ; finished his course with E. B. S. Sanborn of Franklin and practised in Manchester. N. H.


Frank W. Proctor studied with Mr. Shirley.


George Johnson Carr studied with Mr. Shirley.


Clarence E. Carr studied with Mr. Shirley.


George W. Stone studied with Mr. Shirley.


Frank Kimball of Concord became a partner of Mr. Shirley in 1869 and continued in that relation for two years. He then went to Michigan and established a practice, but after a few months of successful work he died suddenly.


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HISTORY OF ANDOVER.


WILSON.


James L. Wilson, a resident of Andover, but born in Vermont, was a law student in the office of Butterfield and Shirley and was admitted to the New Hampshire bar. He began practice in Ashland, N. H., where he continued as a trustworthy, con- servative attorney until his death in 1908.


GREELEY.


Andrew L. Greeley of Salisbury was a fellow student with Mr. Wilson in the office of Butterfield and Shirley and was admitted to the New Hampshire bar. He went to San Juan, Cal., where he soon acquired a good practice. He also became extensively interested in mining and foundry industries in California and Nevada, and was a member of the Nevada legislature.


BUTTERFIELD.


Jonathan Ware Butterfield began his law studies in his father's office at the Center; was admitted to the bar and began practice in Concord, N. H. He went to Memphis. Tenn., but returned before 1861 and resumed practice in Concord. On July 25, 1861, he formed a law partnership with Charles C. Rogers at Tilton. August 14. 1861, he married Jennie P., daughter of Joseph Smith of North Boscawen. He was mus- tered as captain of Co. D, 12 N. H. Regiment, September 8, 1862; discharged to date November 17, 1862. After the death of his first wife, January 29, 1864. he went to Florence. Kansas, and established a law office and a general real estate and insurance business. He married (first). Jennie P. Smith ; (second), Mrs. Mary Burr Frye; (third), Helen Maria Turner.


FELLOWS.


Joseph Warren Fellows of Andover graduated at Dartmouth College in 1858; was principal of Andover Academy a part of 1859 : was principal of Brownwood Institute at Lagrange, Ga., in 1859 and principal of the Latin School at Marietta, Ga., in 1860; began the study of law with John M. Shirley : a course in the Albany Law School in 1861 was followed by study in the office of Pike and Barnard at Franklin: was admitted to the


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LAWYERS.


N. H. Bar in August, 1862, and soon after was in the office of Eastman and Cross in Manchester. He formed a partnership with Amos B. Shattuck, who, as captain in the 11th N. H. Regi- ment, was killed at the battle of Fredericksburg. He was judge of the municipal court of Manchester 1871-75. He was clerk of the Concord R. R. in 1874 and attorney for that road for ten years. He was in the employ of the Boston & Maine R. R. for many years, and until his death. For several years he was an active member of the American Bar Association. He was deeply interested in Masonic organizations, was conspicuous among Knights Templar and Scottish Rite Masons and was recognized authority on Masonic law. He was an active and zealous mem- ber of the Democratic party, but was not an office seeker.


He was a charter member of the Unitarian Educational So- ciety and a trustee of Proctor Academy at Andover.


He married (first) in 1865, Susan Frances, daugher of Henry E. and Susan (Farnum) Moore. She died in 1874. He mar- ried (second). Mrs. Elizabeth (Brown) Davis, who survives him.


Judge Fellows died in Manchester, April 26, 1906.


STONE.


Charles James Fox Stone was son of Peter and Ruth (Call) Stone of Boscawen, and grandson of George Stone, who served five years in Massachusetts regiments during the Revolutionary War, was born in Boscawen, April 21, 1827 (see family). He was a student at Military Academy, Norwich, Vt .; studied law with Hon. Austin F. Pike of Franklin and attended the law school of Harvard University, 1855-56; was admitted to the bar in 1857 and established an office in Plymouth, where he con- ducted an extensive practice. He was a member of the legis- lature in 1860, and was considered a rapidly rising member of the N. H. bar. He died April 19, 1860.


George Royal Stone was born in Andover, May 16, 1843 (see family). He graduated at Dartmouth College in 1869. He studied law and practised at Lynn, Mass., and Franklin, N. H. He spent most of his professional life in Franklin, where he held many important offices. He was a member of the state con- stitutional convention in 1903. He died in Franklin, May 27, 1905.


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HISTORY OF ANDOVER.


PROCTOR.


Frank W. Proctor was a student at Dartmouth College, but finished his studies at Cornell University, where he graduated in 1873. He studied law with Mr. Shirley and was admitted to practise in New Hampshire in 1876. He then went to Kan- sas and after a residence there of two or three years returned to Andover. In 1882 he went to Boston, where. in association with George B. Upham, he had a good and increasing practice, until ill health compelled him to abandon his legal pursuits. Sinee that period he has become interested in scientific pursuits, more recently employing all the time that his health would per- mit in the study of meteorological phenomena in the vicinity of his residence at Fairhaven, Mass. Many of the results of this work have appeared in valuable papers published by the weather bureau in Washington, D. C. In connection with his meteorolog- ieal investigations he has continued his studies in modern lan- guages and in mathematics.


CARR.


John P. Carr came from Enfield to Andover with his parents in 1863. He was educated in the schools of the vicinity and en- tered the office of Mr. Shirley as a student in May. 1864. He was admitted to the bar in 1867 and remained in business with Mr. Shirley until May. 1869, when he removed to Tipton, Mis- souri. He remained there in the successful practice of the law until his death. July 15, 1874.


CARR.


George J. Carr came from Enfield to Andover with his par- ents in 1863. He graduated from Dartmouth College in 1874 and began his legal studies with John M. Shirley. He contin- ued his studies with William H. Niles at Lynn. Mass. He was admitted to the Massachusetts bar and became a partner of Mr. Niles April 27, 1878. They conducted the largest business in Lynn and became one of the most important legal firms in Essex County. Mr. Carr continued his legal practice in Lynn for more than twenty years, when he removed to New York. He es- tablished an office there in the spring of 1900, where he contin- nes a suecessful practice.


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LAWYERS.


CARR.


Clarence E. Carr came from Enfield to Andover with his par- ents in 1863. He graduated from Dartmouth College in 1875 and began the study of law with Mr. Shirley. He became a partner of Mr. Shirley in 1877 and was admitted to the bar in 1878. He continued his legal work until 1883. when he was com- pelled by ill health to abandon his practice. He soon became an active member of the prosperous Hame Co., where he is now the energetic and efficient manager.


STONE.


George Weare Stone of Andover (see family) graduated at New London Academy in 1874 and at Dartmouth College in 1878; studied law with John M. Shirley and graduated from the law department of Boston University. He was admitted to the bar in New Hampshire in 1882, reaching a high rank in his ex- amination, and since the death of Mr. Shirley has been the prin- eipal lawyer in town. He has been actively interested in the management of schools in Andover; is a trustee of Proetor Acad- emy. As a zealous Democrat, he is interested in the politieal ae- tivities of the state and has established a large practice as an attorney.


SHIRLEY.


Barron, son of Hon. John M. Shirley. studied at Proctor Acad- emy and graduated at Dartmouth College in 1892. He gradu- ated at the Law School of Boston University and for a short time practised his profession at Chattanooga, Tenn. He returned to Andover, where he resumed practice and was elected to the legis- lature in 1897.


He moved to Franklin in 1898 and began practice in the office of Hon. E. B. S. Sanborn, where he continued until Mr. San- born's death. He was the city solicitor for Franklin in 1904 and representative from ward 2 in the legislature of 1905. Mr. Shirley was an active and zealous member of the Democratie party and an effective campaign speaker. He was prominent in Masonic eireles and at the time of his death was high priest of St. Omer Chapter of the Royal Arch Masons at Franklin.


He married, Mareh 5, 1894, Hattibel Smith, of Andover, who, with three children, survives him. Mr. Shirley died suddenly at Franklin. July 1, 1906.


MINISTERS.


REV. JOSIAH BADCOCK


was the first settled minister and for many years was the best exponent of learning and cultivation in the town. He was born in Milton. Mass., July 6, 1752; graduated from Harvard College in 1772, and was engaged in teaching and probably in further study for the next four years. In his diary he wrote: "Oct. 1. 1776. Went to ministers' meeting at Epping and was exam- ined by them and received their approbation to preach the gospel." "Oct. 27 I began to preach." "Jan. 1, 1777, prayed with a sick man, which was the first time I ever prayed with the siek." "August 11, 1778, preached in Lynn, Mass., and many of the militia were sent for to go to Newport and the people after meeting met to get men for the army."


On February 7, 1780, he received a call to settle in Barring- ton ; a similar request from Wakefield was received June 19. 1780. A call to settle in Wendell was received November 19, 1780. He preached in Andover for the first time August 19, 1781, and remained to preach for several weeks. For this ser- vice the town paid him twelve shillings. He returned on May 26, 1782, and preached several times. On July 8, 1782, he wrote that the people in Andover had given him a call to settle with them in the gospel ministry. IIe was ordained with the usual formal ceremonies October 30, 1782 (see Church History, pp. 69-71), and continued as an active pastor until 1809, when he resigned and was formally dismissed by aetion of a council on July 13. 1809. He remained in town. living on his farm and earefully attending to all his business affairs until his death, De- cember 7. 1831. He was familiarly known as "Priest Badcock."


Mr. Badeock always read his earefully prepared sermons, but after his death the family was unable to find a single complete sermon. He was not a popular pulpit orator and the people soon found many excuses for absence from "meetings." The payment of the minister tax was soon considered a burden and


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MINISTERS.


it was no small source of the minister's unpopularity. Mr. Bad- cock was generally a kind and charitable neighbor, who did not limit himself to simple duty in the kindly offices of a neighbor or a citizen. In the collection of the minister tax. however, he believed in a rigid observance of the law and would recognize no exceptions. Several cases have been cited when the parson rigidly exacted the tax from impecunious widows whose long suffering husbands had been unable to earn the poor pittance to help out the preacher's salary. One case described in a letter written in June, 1880, by a former citizen and clergyman who knew the facts, is briefly as follows: A poor but worthy man had been sick for nearly two years and unable to pay his small tax. Soon after he died Mr. Badcock demanded the tax. The widow explained to him her inability to pay at that time, that she had six young children and only a small house, two acres of land and a cow, which was essential for the welfare of the chil- dren ; but she would work for the neighbors and earn the money to pay the tax if he would give her a little time. He would not relent, but sued the widow, attached and sold her cow, satisfied his claim, and left the widow and her children to their fate. The good samaritan appeared, however, in the kind neighbor, who bid off the cow and presented it to the widow, whose chil- dren again enjoyed their daily meal of hasty pudding and milk.


It is more than likely that such instances did more to destroy his influence as a pastor and preacher than any peculiarities of style or rigidity of theology in the pulpit. It was also urged by many people, about the beginning of the new century, that he "had never claimed any personal religious experience," and at that period of the new religious awakening this objection had great weight and certainly weakened his influence. At that time many believed that "preaching for pay was not in accordance with Gospel teaching."


In spite of the smaller criticisms which lose much of their force when filtered through the years of the last century, we at this day are compelled to recognize in the first minister in town a faithful, conscientious and hard-working preacher, a good citi- zen, morally upright in all his dealings, following the line of his duty as he saw it, wherever it led, with unfailing patience and fortitude. Of his ten children (see family data) the five who




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