USA > New Hampshire > Rockingham County > Candia > History of the town of Candia, Rockingham County, N.H., from its first settlement to the present time > Part 24
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LAW SUITS.
Until within a few years, the town has not been called upon to pay any considerable sum for injuries to persons or property on account of any defects in the highways, but one day during the summer of 1867, Mrs. Saltmarsh, wife of Henry Saltmarsh, who was then depot master at Au- burn, and her daughter, Mrs. Eliza Sanford, of Boston, while returning from a visit to relatives at Rowe's Corner in Hooksett to Mrs. Saltmarsh's home in Auburn, were thrown from a wagon and considerably injured. They went down the old Chester Turn cike, and when they had arrived at a point, opposite the old Anderson tavern in Can- dia, they made a short turn to the right to take the road to Auburn. The grade was descending and the body of the carriage was swayed over to one side, (but not over-turned) and the occupants were thrown out violently upon the
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HISTORY OF CANDIA. 301
ground. It was claimed by the injured parties, that the accident was caused by a hole in the road into which the horse stepped and stumbled. On the other hand, the select- men of Candia, and many others who were acquainted with the premises claim that there was no hole there and that there were no defects in the road whatever, but that the accident was wholly caused by the carelessness of Mrs. Sanford, the driver of the horse. Under these circum- stances, they considered that the town was in no way re- sponsible for the accident and refused to pay any damages to the injured parties. Mrs. Saltmarsh and Mrs. Sanford thereupon brought suits against the town for damages. The selectmen of Candia appointed Henry M. Eaton an agent to act for the town in opposing the claims of the plaintiffs. The case of Mrs. Sanford was tried at a ses- sion of the Supreme Court at Manchester. For the defence, it was shown that there was a short piece of road which connected the Turnpike with the Auburn road, and that it is a down grade when passing from the former to the latter road. Several members of the Anderson family testified that they saw the carriage as it passed down and that it was driven at a fair rate of speed without slacking in the least when they turned short off into the Auburn road.
The result of this trial of the caseof Mrs. Sanford was a verdict in favor of the town.
At that time it was provided by law that defeated parties in a civil suit could have a second trial in review if they demanded it. Mrs. Sanford's case was tried a second time and the town was again the victorious party.
The suit of Mrs. Saltmarsh was brought in Rockingham county ; but before the time appointed for the trial, she died. Her husband then brought the case to trial and the jury brought in a verdict in his favor. The counsel for the town of Candia, thereupon demanded a new trial, on the ground that Mr. Saltmarsh had not been regularly and legally appointed administrator of the estate of his deceased wife. The question was brought before the full bench of judges, who decided that the point was well taken and decided in favor of the town. Mr. Saltmarsh then obtained a regular appointment as administrator and demanded a new trial of
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the case. The case was accordingly tried a second time and the jury returned a verdict in his favor, awarding him damages to the amount of $1, 600.
The result of these trials was very damaging to the in- terests of the town. The damages awarded. the heavy costs of court and counsel fees amounted to nearly $4.000.
It is understood that the costs of court which were paid by Mr. Saltmarsh and Mrs. Sanford in the cases in which they were the plaintiffs, and the fèes of counsel, amounted to a sum nearly equal to that which was finally awarded to Mr. Saltmarsh by the jury in the last trial of his case.
Some of the citizens of Candia expressed the opinion that the selectmen should have settled the case withtou a trial, but when it is considered that they belived that there were no defects in the highway, it would seem that their action was just and reasonable.
In 1886, George E. Mitchell, while riding in a sleigh in the highway at the Depot Village, was overturned and one of his legs was broken. He claimed that the accident was caused by a defect in the highway. The selectmen settled with him by paying the sum of $800.
CHAPTER XXVI.
DEATHS BY SUICIDE, DEATHS BY ACCIDENT AND DEATHS UNDER PECULIAR CIRCUMSTANCES.
DEATHS BY SUICIDE.
The following are the names of persons who have com- mitted suicide in the town : Benjamin Bean, who resided in the large house on the north side of the Colcord Road, near the Village, killed himself by jumping into a well, Dec. 6, 1839, aged 76.
Mrs. Susannah Smith, wife of Jonathan Smith, who re- sided on the Raymond Road, about half a mile west of the Island, destroyed herself by cutting her throat with a razor September 18, 1830, aged 40.
Frederick Fitts, the trader, and son of Master Moses Fitts, drowned himself in the river in the New Boston neighbor- hood, Nov. 3, 1837, aged 35.
Jonathan Healey, who lived on the Langford Road, drowned himself in a well, Oct. 20, 1846, aged 78.
John Hall, a son of Nathaniel B. Hall, killed himself at Exeter by cutting his throat with a razor, Oct. 2, 1864, aged 27.
: Sarah Ann Rowe, a daughter, of Aaron Rowe, hanged herself in a chamber, Dec. 17, 1868, aged 40.
Mrs. Ann Betsey Morrill, wife of Henry R. Morrill, and daughter of Stephen Colcord, committed suicide at the Haseltine House, at Manchester, by-taking a dose of chlo- ral, Dec. 23, 1874, aged 35.
William S. Brown, who lived at East Candia, near the residence of Osgood Wason, hanged himself from a tree, May 28, 1874, aged 69.
Thomas Bean, who resided near the Corner, killed him- self by cutting his throat with a razor, Aug. 30, 1874, aged 68.
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Edmund B. Langley, who resided in the Luke Hall place near the residence of Edmund Smith, committed suicide by hanging himself to the limb of a tree, Aug. 5, 1874, aged 40.
ACCIDENTAL AND SUDDEN DEATHS.
In the winter of 1770, David McClure, one of the first set- tlers in the town, while returning from a visit to his daugh- ters who lived in Raymond, became bewildered in a snow storm and died at the foot of a tree.
Jethro Hill, one of the first settlers on High Street, while burning bushes upon a piece of land he was clearing up, came in contact with the fire and was burned so badly that he soon died.
Jeremiah Bean, one of the first settlers of the town and a member of the first board of selectmen, was killed by be- ing thrown from a horse, September 19, 1797. He lived in the old Bean house on the hill on the Colcord road near the Village, which, after his death, was owned by his son Ben- jamin Bean.
Mrs. Mehitable Hill, the wife of the aforesaid Jethro Hill, in a fit of insanity, wandered off into the fields upon a very cold day in winter and was soon afterwards found dead in the snow at a considerable distance from her home.
Richard Buswell, son of Samuel Buswell, one of the first settlers, was drowned in a mill stream at Deerfield, in 1809.
Samuel Buswell, jr., another son of Samuel Buswell, sen- ior, died suddenly in consequence of the breaking of a blood vessel in his lungs, May 20, 1811.
William Dolber, who lived on the Chester Road in School District No. 4, while assisting in moving a barn for Elaezer Knowles, who lived on the place now owned by William Crane, situated on the South Road, suddenly fell down and immediately expired, June 22, 1716.
Samuel Hardy, while returning from a visit to Chester, was frozen to death in the woods, Nov. 29, 1819.
John Taylor, while driving an ox team down the hill on the Colcord road near his residence, Oct. 20, 1821, fell
PHILIP A. BUTLER.
Sketch, page 519.
HISTORY OF CANDIA. 305
down and one of the wheels of the cart passed over his bo- dy and he died immediately afterwards. He was 62 years old.
John Lane, the first of the name in Candia, died suddenly of heart disease, March 12, 1822, aged 72.
Benjamin Healey, a man of unsound mind, who lived in Raymond, while lodging in a barn at East Candia, was overcome with the cold and perished, Dec. 25, 1826.
Moses James, jr., son of Moses James, senior, who resid- ed near Candia Corner, was drowned in Raymond, July 28, 1828, while attempting to swim across the Lamprey river. He was 20 years of age.
Mrs. William Burleigh, who resided on the North Road, died suddenly of heart disease, May 20, 1829. Her death occurred while the funeral of the wife of Benjamin Hall was taking place in the house the next west of the Burleigh place, now owned by Dana Hall. When the people pass- ed by the Burleigh house to attend the funeral of Mrs. Hall, Mrs. Burleigh was apparently well, and when they return- ed she was dead and laid out for burial. Elder Moses Bean attended Mrs. Hall's funeral and preached from the words: " Blessed and happy are they who have part in the first resurrection, for over such, the second death hath no power."
Malvina Palmer, a daughter of Joseph Palmer, who lived in School District No. 4, was drowned while sliding on the ice, Jan. 20, 1830, aged 9 years.
Walter Robie, who lived in School District No. 3, while peeling bark in the woods, was killed by the fall of a tree, June 26, 1832.
Mrs. Betsey Sargent, the second wife of Josiah Sargent, was killed by being thrown from a carriage while descend- ing the hill near the Congregational meeting house on re- turning from church to her home on the South Road, Sun- day, Nov. 2, 1833.
Capt. John Sargent, one of the early settlers of the town, fell down and died suddenly of heart disease, Nov. 17, 1834, aged 88 years. He had made arrangements for mak- ing a visit to Chester, on horseback. The horse was sad- dled in the yard, and Capt. Sargent stood in the door ready to mount when he was stricken down.
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HISTORY OF CANDIA.
Isaac Hall, son of Caleb Hall, was killed by falling from a house in Manchester, Jan. 21, 1839, aged 22.
Mrs. Mary Currier, wife of Emery Currier, was choked to death by a piece of meat which lodged in her windpipe, Dec. 17, 1844, aged 34.
Richard E. Lane, son of John Lane, Esq., died very sud- denly of heart disease at Lewiston, N. Y., where he was preceptor of an academy, in 1842, aged 29 years.
George Colby, son of Augustus Colby, while walking on the top of a freight train, was killed by coming in contact with a bridge over the railroad about half a mile below the Depot Village, in 1851.
John Lane, Esq., died suddenly of heart disease, in his barn, April 28, 1851, aged 67.
George B. Sargent, son of S. Addison Sargent, was drown- ed while bathing in the Merrimack river at Concord, July 17, 1855, aged 20.
John Dudley, a brother of the wife of Dea. Joseph Dud- ley, while attending a political meeting at the Free Will Baptist vestry, Jan. 10, 1856, dropped down suddenly and died of heart disease, aged 55 years.
Alvin D. Buzzell, a son of Lewis and Sarah Buzzell, was drowned, May 6, 1850, aged 3 years.
Thomas R. Bean. who lived in the house in the Village, opposite W. J. Dudley's store, died suddenly of apoplexy, in 1887.
Henry S. Eaton, son of Col. H. T. Eaton, died suddenly of heart disease, at Piermont, Nov. 12, 1860, aged 58 years.
When Capt. John Sargent dropped down dead of heart disease, in 1834, Mr. Eaton, who resided opposite, assisted in carrying his body into the house, exclaimed, "I hope that when I die, I shall go in the same way that Capt. Sar- gent has gone." His wishes were gratified.
Samuel N. Hubbard, a son of Benjamin Hubbard, while unshackeling a locomotive engine from a railroad car at Concord, was run over by a train and killed, Dec. 11, 1861, aged 20 years.
Abel Wallace, son of Abraham Wallace, was drowned at Haverhill, Mass., June 25, 1865, aged 19.
Moses Rowe, soon after returning from a visit to his
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brother Nathaniel Rowe, died suddenly of heart disease, March 26, 1866, aged 72.
Clarissa Healey, for many years a housekeeper for Jonathan Burpee, died suddenly of heart disease, Aug. 5, 1869, aged 75 years.
During a heavy thunder shower on July 17, 1876, the lightning killed two cows belonging to Jeremiah Lane, who lived on on the South Road. Mr. Lane became much ex- cited on the occasion and died suddenly of heart disease, aged 77.
Mrs. Silden Moore, formerly Sally Huntoon, died sud- of heart disease while on a visit to her relatives at Franklin. She was 71 years of age.
Elmer Emerson, a son of Ansel Emerson, while sliding on a pond, near the road that leads from High Street to the North Road about seventy-five rods north of the Congrega- tional church, was drowned, Aug. 23, 1877. He was about twelve years old.
Rev. James Adams, while on a visit to Manchester, Dec. 10, 1881, dropped dead in a store on Elm street. He was 74 years of age.
John Sargent, son of John Sargent, jr., and a grandson of Col. H. T. Eaton, was found dead in his bed, Nov. 2, 1881.
J. Quincy Cass, a son of Col. Samuel Cass, was found dead in his bed, Dec. 13, 1881. He had been troubled with heart disease.
S. Freeman Rowe died suddenly of apoplexy, July 18, 1885. He was about 62 years of age.
Augustus Robbins died suddenly at the residence of Ro- bert Clark, in 1890, while sitting at the table.
Joseph Young, who lived on the North Road, died sud- denly of heart disease, in 1891.
On the morning of May 7, 1873, Catherine P. Harrison of Raymond was found by the side of the Raymond road about three-fourths of a mile below the Corner. She was a woman of intemperate habits and the day before her death she was seen near the Corner in the company of several dissolute young men who belonged in the eastern part of Candia. As it was suspected that the deceased had been abused and injured by the said young men to such an ex-
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tent as to cause her death, an inquest was held at the school house at East Candia before Dr. T. M. Gould of Raymond, who then held the office of coroner. It appeared that the woman had been drinking freely on the day before her death and had become so intoxicated on her way to her home in Raymond that, towards evening, she was obliged to lie down in the highway. During the following night a heavy rain storm came on and the gutter wherein she was found became filled with water, and it was thought she was drowned. The coroner's jury returned a verdict to the effect that the young respondents were not guilty of having committed any assault upon the woman, and they were finally discharged. Miss Harrison was about 50 years old.
SMALL POX.
In the spring of 1835, small pox broke out in the family of William Towle, sometimes jocosely called " Governor " Towle, who lived at the intersection of the road to Ray- mond and the Langford road. Mr. Towle was taken vio- lently sick and Mr. Owen Reynolds and other neighbors assisted in taking care of him. Mr. Towle died and soon afterwards Mr. Reynolds and several members of his fami- ly were taken down. Dr. Lane and Dr. Sargent attended the patients and at length decided that they were afflicted with small pox. When this announcement was made the people of the town became greatly excited. The selectmen took active measures to prevent the disease from spreading and employed Dr. Luther V. Bell of Derry to take charge of those who were sick. A large number of the people of the town were vaccinated under his direction. An investiga- tion showed that a short time before the disease broke out a bundle containing a quantity of clothing which had be- longed to a man who had died of small pox was sent from New York to Mr. Andrew Moore and that the clothes were presented to Mr. Towle. Soon after the clothes had been worn by Mr. Towle he became infected with the disease.
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DIPHTHERIA.
In the spring of 1861, Mr. John Abbott and his wife Bet- sey Willitt Abbott were afflicted in a most remarkable manner by the loss of seven children by diphtheria within a period of seven weeks. The following are their names:
Mrs. Martha Jane Abbott, wife of Samuel G. W. Patten, who died April 19, aged 17 years and 10 morths; Joseph Abbott, died May 6, aged 11; Charles Abbott, died May 8, aged 7; R. Milton, died May 15, aged 13; Mary Ellen, died May 17, aged 9; Daniel Sheppard, died May 28. aged 14; John Henry, died June 9, aged 16.
DEATH OF TWO BROTHERS.
In the autumn of 1828, Enoch Colby and Sherburne Col. by, sons of Nehemiah Colby, who then resided on the place on the Colby road, now owned by the widow of Rev. James Adams, were taken ill at about the same time with a disease of the lungs which finally developed into consump- tion. They declined very rapidly and, on Sunday forenoon, May 3, 1829, Enoch died. The announcement of his death to the people at the Congregational church during the inter- mission produced a profound sensation as it was known that his brother was near his end. At 8 o'clock in the eve- ning of the same day, Sherburne also died. The funeral of the two brothers took place at the old Congregational meeting-house on Wednesday afternoon, the day following the annual May training. Col. Samuel Cass was the chief manager on the occasion. The meeting-house was com- pletely filled by people who came from all sections of the town. The remains of the deceased which were enclosed in bright red coffins were placed upon biers in front of the pulpit. Rev. Mr. Wheeler preached an able and appropri- ate sermon in the course of which he spoke of the virtues of the two young men and the sad and extraordinarg cir- cumstances under which they had been cut off in their ear- ly manhood. At the close of the exercises the remains were taken to the old cemetery and buried in one grave.
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Enoch, the oldest brother, was 26 and Sherburne 23 years of age.
DEATH OF GEORGE B. BLAKE.
Early in May, 1825, George B. Blake, a very bright and amiable boy, who lived in the family of Nathaniel Rowe who resided on the North road, was cut off under peculiar circumstances. The weather was quite warm for the time of the year and, like most other children of those days he went bare-footed on week days. While driving a yoke of oxen to harrow a piece of ground for planting he stepped on a small stone with one of his heels. In the course of two or three days his heel became very sore and painful. As the true nature of the difficulty was not at first fully real- ized, a physician was not immediately called in, though, otherwise. he was taken care of in the best manner. When at length Dr. Wheat came and opened the sore the heel had become greatly inflamed. Blood poisoning and mortifica- tion soon set in and, after great suffering, the boy died on Saturday evening, May 14, aged 10 years. He was a nephew of Mrs. Rowe.
The funeral took place on the following Sunday at 5 o'clock in the afternoon. John, Joshua and Exekiel Lane, carpenters, who lived in the neighborhood made the coffin on Sunday morning at the shop of the first named. The day was one of the most beautiful of the year, the apple . trees were in full bloom and a large number of people were present at the funeral services, which were conducted by Rev. Mr. Wheeler. A hymn of which the following is the first stanza was sung to the tune of China:
"When blooming youth is snatched away By death's resistless hand, Our hearts the mournful tribute pay Which pity must demand."
FATAL RESULT OF A QUARREL.
During the great presidential campaign of 1856, a melan- choly tragedy took place in town. Early in September of
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HISTORY OF CANDIA.
that year there was a Democratic rally and flag raising on High Street near the residence of the late Aaron Brown. Several speeches were made and everything so far as re- lated to the meeting was concerned passed off to the satis- faction of all. Among those who were present at the rally were Albion C. Bean, a son of Jonathan Bean who resided at the Village and George H. Patten, son of William Patten who resides on the road from the Corner to Deerfield. These two young men started to ride together from the meeting to their homes in the village, Patten having a load- ed musket by his side. As they passed along they became engaged in a quarrel. Patten charged Bean with having abused him in the presence of a young woman to whom Bean had paid some attention. They went by the way of the North Road and when they had reached the site of the old school house in Dist. No. 2 they got out of the carriage. Bean who was greatly enraged told Patten he was going to whip him. They were standing about a rod apart and Pat- ten told Bean that if he advanced a step towards him he would defend himself with his gun. Bean thereupon start- ed towards Patten, when the latter fired upon him. The charge struck one of Bean's legs at the knee by which it was very badly shattered. He was taken to his home and Dr. Luther Pattee was called. The leg was amputated, but all attempts to save the patient proved unavailing and he died at 24 years of age.
Patten was arrested and brought before John Moore, Esq., a justice of the peace, on the charge of murder. A hearing took place in the vestry of the Freewill Baptist church. Charles H. Bell of Exeter appeared for the state and Albert R. Hatch and J. S. H. Frink of Portsmouth for the respon- dent. Several witnesses testified in substance that Bean threatened to assault Patten, and that the latter did not fire until he saw Bean approaching him. The respondent was discharged on the ground that he acted in self defence.
CHAPTER XXVI.
MISCELLANEOUS.
LIST OF TAX PAYERS IN 1820.
Anderson-Samuel, Josiah, William, Samuel, jr.
Brown-Aaron, Sewell, Nathan, David, Caleb, Caleb, jr., Daniel, Jeremiah, Nathan, Nathan, jr., Jonathan, Stephen, William, Jacob, Aaron, jr., David, jr. Bean-Reuben, Nathan, Abraham, Benjamin, Jonathan, Moses, Reuben, jr., Dudley, Sherburne, Joseph, Daniel, David, Gilman, Abraham, jr .; Buswell-Samuel, Moses, John Samuel, jr., Jacob; Burpee-Nathaniel, Ezra, Jonathan; Burleigh- Nancy, widow, William, John, James; Bagley-Moses, John, James, Moses, jr .; Brickett-Moses.
Cammet- John, John, jr .; Cass-Samuel, Samuel, jr., Benjamin, Jonathan, Moses; Colby-Nehemiah, Phinehas, Jane, widow; Clough-Sarah, widow, Samuel, Lydia, widow; Carr-Joseph; Clark-Henry, Joseph, William; Currier-Jonathan, Timothy, Jonathan, jr .; Clay-John, Walter, John, jr., John, 3d; Critchett-James, Thomas, James, jr., Moses, Isaac; Colcord-Samuel, Samuel, jr., Stephen; Cheney-Eleazar B .; Chase-Josiah B.
Duncan-William; Dolber-John; Dearborn-Moses, Sam- . uel, John, Sarah, Winthrop, Sargent; Dolber-John, John, jr.
Emerson-Moses, Nathaniel, Nathaniel, jr., Jonathan; Eaton-Paul, Ephrain, Henry True, Henry, Jesse, Peter, Willian; Edgerly-Benjamin.
French-Nicholas, Nicholas, jr., Jonathan C., John, Moses, Joshua, Josiah, Simon, Nathaniel; Fitts-Daniel, Moses, Reuben, Samuel, Abraham, Daniel, jr., John, Jo- seph; Foster-Joseph, James, True; Fifield-John C., Peter, William; Follansbee-Abel, Amos.
George-Ephraim; Griffin-Benjamin, Da vid, Nathaniel Gordon John; Glie-Stephen.
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Hubbard-Benjamin, Joshua, J. P., Joseph; Hall-Ben- jamin, Caleb, Peter, Sargent, Obededom, Jonathan; Hobbs- Thomas, John; Healey-Jonathan; Hoit-Richard; Harri- man -- David.
Knowles-Amos, Eleazer.
Lane-John, John, jr., Joshua, Ezekiel, Isaialı, Thomas B .; Libbee-Jacob. Josiah; Langford-Anthony; Lang- Thomas, Deborah, David; Locke-Mary.
Morrill-Samuel, Parker, Jonathan; Moore-Andrew, John, Jane, widow, John 3d, Ann; Mooers-Samuel; Moore & Taylor; Martin-John, Moses, Jonathan, Joseph; Marden -Stephen; McDuffie-Hazen Samuel; Morrison-David, Thomas D .; Moody-David.
Pillsbury-Abijah, Jonathan, Caleb, Benjamin, John; Prince-Caleb, Joseph; Patten-William, Lydia, widow, Moses, Robert, Willis; Palmer-Joseph, Mary; Prescott- Edward, James.
Quimby-David.
Robie-John, Levi, Walter, William, John, John, jr., John, 3d; Rowe-Jonathan, John P. L., Nathaniel, Moses, Aaron, Dudley; Rollins-Noah; Richardson-Gilman; Ro- binson-John.
Sargent-Moses, Samuel, Moses, jr., Moses, 3d, Sarah, Josiah, Jonathan, Sarah, Thomas, Hannah; Shannon- Josiah; Stevens-Solomon, Moses; Smith-Joseph C., Oliver, Benjamin, Benjamin, jr., Oliver, Stephen, Bailey, Jonathan, Jesse, James, Phebe; Seavey-Samuel.
Thorn-Nathan, Amos, Nathan, jr .; Taylor-John; Towle-William; Turner-Moses, Josiah, Moses, jr., Wil- laim; Thresher-Henry.
Varnum-Joshua.
Wheeler-Abraham; Wheat-Nathaniel; Wilson -- Tho- mas, Semuel, Margret; Wason-John; Worthen-Jona- than, Lewis, Enoch, jr., John; Woodman-Samuel, David, Jonathan; Ward-Simon, Cotton; Wadleigh-Jesse.
IMPRISONMENT FOR DEBT.
For many years previous to 1841, the laws of the state provided that persons who were unable or unwilling to pay
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their debts could be imprisoned in the county jails for in- definite periods of time. The debtors were often treated like criminals and were sometimes placed in the same apartments with those who had been arrested for having committed serious crimes. In 1805, Hon. Russell Free- man, who had been a councillor and speaker of the House of Representatives, was imprisoned in the Grafton county jail at Haverhill for debt. Two other persons who were also imprisoned for debt were confined in the same room with Freeman. One of them named Josiah Burnham, be- came furiously angry with his companions, because they complained of his ravenous appetite and killed them both. Burnham was convicted of murder and hung the following spring before an immense crowd of people.
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