USA > New Hampshire > Grafton County > Haverhill > History of the town of Haverhill, New Hampshire > Part 42
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In the meantime the Haverhill members of the lodge, finding them- selves inconvenienced by the removal of the lodge to Orford, secured a charter for a new lodge in 1826, under the name of "Grafton Lodge, No. 46." This was but a few years before the breaking out of the anti-Masonic controversy, the bitterness of which can hardly be imagined at the pres- ent time. The attacks on Masons and Masonry were not so vindictive in New Hampshire as in Vermont where the anti-Masonic party elected
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their candidate for governor in 1831, '32, '33, and '34, and when the electoral vote of the state was cast in 1832 for Wirt and Ellmaker, the candidates of the party for the presidency and vice-presidency, the in- stitution was not only attacked by the Danville North Star, the Vermont anti-Masonic organ, but every Mason, whatever his previous character, was denounced as a liar and murderer, and unless he would renounce and denounce Masonry was unworthy of being a fit member of society. Some went so far as to proscribe Masons in their business, and a few said they longed to see them put to the guillotine. Ministers were dis- missed from their parishes and many worthy members of churches were excommunicated.
The denunciation of Masonry was not so bitter in Haverhill, but it was bitter, and the Post and Advertiser was only less virulent in its utter- ances than the North Star. Grafton Lodge did not grow as its predecessor had done, and though its membership was composed of reputable citizens the prejudice against Masonry as an institution aroused by the contro- versy of the early thirties militated against the growth of the lodge and its charter was declared forfeited in 1844, by the Grand Lodge on account of failure to make returns. The character of its members may be judged from the list of officers who laid the corner stone, with Masonic cere- monies, of the new Methodist Episcopal Church June 4, 1827. They were: Worshipful master, Jonathan Sinclair; senior warden, Samuel Page; junior warden, John L. Bunce; secretary, Sylvester T. Goss; treas- urer, John Page; senior deacon, William Ladd; junior deacon, Hosea S. Baker; chaplain, Rev. Ebenezer Ireson; marshal, Joshua Blaisdell. The meetings or communications of the old Union Lodge, before its re- moval to Orford, were held in Newbury, Bradford, Orford or Haverhill as convenience might dictate.
The charter of Grafton Lodge was restored in 1857, and notwithstand- ing obstacles and discouragements there has been a commendable growth, and names of many leading citizens of the town are found on its rolls, or on the rolls of Kane Lodge, Lisbon. That membership in Kane or Graf- ton Lodge is optional, by dispensation of the Grand Lodge, with Masons in Woodsville has been a serious handicap to the growth of Grafton Lodge. On account of railroad train service Woodsville Masons can easily and conveniently attend communications in Lisbon, while attendance on communications at Haverhill Corner is inconvenient. The result has been that a majority of Woodsville Masons are members of Kane Lodge. The late Amos Tarleton, previous to his death, at his own expense fitted the lodge rooms of Grafton Lodge with new furniture, so that in its appoint- ments it was second to no lodge in the north country, but these were lost in the fire of 1909, when the brick block in which the fine and com-
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pletely furnished rooms were situated, was totally destroyed. This was a serious blow to the prosperity of the lodge, but from this it has gradually recovered. The lodge met for a time in Pearson Hall, but later moved to rooms fitted up on Court Street over the store of M. H. Randall. For- tunately the records and jewels were saved at the time of the fire.
Iona Chapter, No. 39, Order Eastern Star, was instituted August 22, 1904, and charter is dated December 13, 1904. It has a membership (1916) of thirty-seven and meets in Masonic hall on the second Tuesday of each month.
The beginnings of Odd Fellowship in Haverhill date with the institu- tion of Moosehillock Lodge, No. 25, at the Corner in 1848 by Grand Master J. C. Lyford. While the lodge started with excellent prospects, and contained in its membership men like former Chief Justice Jonathan E. Sargent, Jonas D. Sleeper, Ellery A. Hibbard, Charles G. Smith, Hosea S. Baker, it never became large and about 1858 surrendered its charter. The general decline of business at the Corner after the fire of 1848, and the construction of the railroad, doubtless had much to do with prevent- ing a satisfactory growth of the institution. The original charter mem- bers were Samuel Swasey, Henry W. Reding, J. A. Cutting, Daniel Dickey and George W. Simpson.
In 1874 the lodge was resuscitated, through the efforts of Joseph Kid- der of the Grand Lodge, and Quincy A. Scott. Under the restoration of charter the following were charter members: George A. Davison, M. H. Perkins, Kimball Marshall, Q. A. Scott, M. V. B. Perkins. The growth of the lodge was marked from the first, no less than fifteen being admitted to membership the first month. Meetings were held for a time in the Mt. Gardner House hall, but the lodge, outgrowing its accommodations there, in 1882 purchased a property on Pleasant Street, and erected a three-story building, 40 by 60, with stores on the first floor, tenements on the second, and the lodge hall and ante-rooms on the third. This build- ing was burned in May, 1901, and was succeeded by the present sub- stantial brick block, erected in 1904 and occupied by stores and the post office on the first floor, offices and the Odd Fellows banquet hall on the second, and the lodge hall and rooms on the third. The lodge has had a remarkable growth having received, since its resuscitation, no less than 526 members, and its present membership is 265, among whom are numbered the most prominent citizens of Woodsville and vicinity. The property is valued at $28,000, and the trustees are Fred P. Dearth, Ernest E. Craig and Joseph M. Howe. The officers (1916) are: Noble grand, W. R. McMeekin; secretary, George E. Emery; treasurer, Olin A. Lang. Samuel B. Page was grand master of the Grand Lodge in 1902, and Ernest E. Craig held the same office in 1907 and 1908.
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Mary A. Glidden Rebekah Lodge, No. 45, was instituted at Woods- ville February 11, 1892, by Grand Master Frank M. Davis, with ten charter members. The lodge has had a large growth, is in flourishing condition, and has been an effective factor in the work of Woodsville Odd Fellowship. It has a membership at present (1916) of 205.
Grand Canton Albin, No. 4, Patriarchs Militant, was mustered Decem- ber 15, 1887, with seventy-five members, and was composed of Patri- archal Odd Fellows who were members of the different lodges and components in this section and had components in Littleton, and Bradford, Vt. These were organized as a battalion under command of Major Q. A. Scott.
Mountain View Lodge, I. O. O. F., was instituted at North Haverhill March 10, 1902, by Grand Master Samuel B. Page, assisted by Grand officers, Frank L. Way, Joseph Kidder and Charles S. Emerson. This was on petition of Percy Deming and thirty-four other members of the order, for the most part members of Moosehillock Lodge, No. 25, of Woodsville. The officers of the new lodge were: Noble grand, William G. Wetherbee; vice-grand, Dennis S. Merrill; secretary, Percy Deming; treasurer, Moses A. Meader. Degrees were conferred on thirty-four candidates for initiation, and the officers elective and appointive were duly installed, and the lodge began its work under favorable auspices. Up to July 1, 1916, 730 meetings of the lodge have been held, three in village hall, and the remainder in the town hall until February 1, 1915, when the first meeting was held in the new hall erected by the lodge, adjoining the town hall on Depot Street, Rev. Alba M. Markey, Noble Grand, in the chair. Ground was broken for the new hall September 29, 1914, the first soil being turned by Noble Grand Rev. A. M. Markey, who was the leading promoter of the building enterprise. The cornerstone was laid October 12, 1914, the ceremonies being in charge of Deputy Grand Master Will A. Cutler of Woodsville. The work of construction was pushed rapidly, and the building was appropriately dedicated, according to the ritual of the order, the ceremonies being in charge of Past Grand Master Ernest E. Craig and other grand officers. There were present at the exercises nearly two hundred and fifty members of the order, the lodges at Wells River, Vt., and Woodsville being largely represented. The building is finely designed and fitted for the work of the lodges, and was completed at a cost of $3,487.67, exclusive of the lot, the whole property valuation being about $4,000. The lodge is in a flourishing condition with a mem- bership (1916) of 116. The officers are: Noble grand, Moses A. Meader; vice-grand, O. E. Decker; secretary, W. G. Upton; treasurer, Dennis S. Merrill.
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Landscape Rebekah Lodge, No. 87, was instituted May 21, 1903, with twenty-three charter members, all of whom had taken withdrawal cards from Mary A. Glidden Lodge of Woodsville. On the night of the insti- tution sixty-three joined by initiation. The meetings are held the first and third Thursday evenings of each month. The following named have served as noble grand: Dennis Merrill, Cora M. Keith, Ellen C. Deming, Anna Irwin, Edith Pike, Sarah M. Eastman, Eunice J. Farnham, Luella Kimball, Mary E. Farnham, Elva J. Campbell, Mabel Tewksbury, Ethel Stratton, Lula Getchell. Only three members have filled the office of secretary, Ina B. Miller, Mary B. Meader, Kate C. Meader (since 1907). The lodge has an active membership of 120. It has paid (1916) $400 towards the new hall, and has $150 invested in silver, table linen, dishes, etc.
The order of Patrons of Husbandry has no less than five granges in Haverhill, a distinction enjoyed by no other town in the United States. These were organized in 1894 and 1895, and are: Haverhill at Haverhill Corner; Moosilauke at East Haverhill; Mount Gardner at Woodsville; Pink Granite at North Haverhill, and Pike Station at Pike. The com- bined membership of these granges is about four hundred, and the value of this work in promoting co-operation and interest in matters pertaining to the home and farm life of the town is not to be over estimated.
Mount Gardner Lodge, K. of P., was instituted at Woodsville October 8, 1895, with twenty-six charter members. It has pleasant and finely furnished rooms in Tilton Block. Davis Lodge, No. 19, K. of P., was instituted at Haverhill Corner, and held its meetings there until its rooms were destroyed by fire. It now meets first and second Mondays of each month at the Ladd Street schoolhouse hall.
In the years immediately following the War of the Rebellion there were flourishing lodges of the Independent Order of Good Templars, one at North Haverhill and the other at the Corner. Besides doing a good work in advancing the cause of temperance, as the Washingtonian societies had done in previous years, they also furnished, through their meetings, social centres which were of no small value. The granges later took their place in this respect, and this with political prohibition alienating many of the more prominent members from the lodge, led to the surrender of their charters. Such surrender by no means indicated a decrease of interest in the cause of temperance reform, but rather the adoption of changed methods of advancing and promoting such cause.
There was for a few years a flourishing lodge of Maccabees at the Corner, but this has been dissolved and charter surrendered.
The Woman's Reading Club at Woodsville, organized in 1894, by a few ladies who met on stated afternoons to pursue a course of reading,
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has developed into an important organization. It joined the State Federation of Woman's Clubs in 1912.
There are three chapters of the Daughters of the American Revolution: one at Woodsville, the Hannah Morrill Whitcher; one at North Haverhill, the Coosuck; and one at the Corner, the Haverhill, organized in 1916, with a charter membership of nearly fifty. Excellent work has already been accomplished by these chapters in marking historic sites, preserv- ing relics of the Revolutionary days and in cultivating and promoting the spirit of American patriotism.
CHAPTER XVIII
CRIMES AND THEIR PUNISHMENT
UNDER N. H. LAWS THERE WERE 15 CRIMES PUNISHABLE BY DEATH-IN 1917 BUT ONE, MURDER, REMAINS-MURDER TRIALS-FIRST, THAT OF TOOMALEK-THOMAS WEBSTER-JOSIAH BURNHAM-HIS TRIAL AND EXECUTION-SERMON BY "PRIEST" SUTHERLAND-WILLIAM F. COMINGS-ENOS DUDLEY-SAMUEL MILLS-FRANK C. ALMY.
IN the New Hampshire criminal code of 1680 there were no less than fifteen crimes punishable with death; in 1791 after courts had been estab- lished in Grafton County there were eight. In 1812 the death penalty was abolished, except for treason and murder, and in 1836 treason was taken from the list. Down to the beginning of the nineteenth century a severe code of criminal law was administered in Grafton County and at Haverhill its county seat. There is their record of a case in 1774 of the trial by jury in which the respondent was found guilty of stealing one yard of cloth, and was sentenced to pay a fine of ten shillings or be whipped ten stripes by the public whipper; also to pay complainant nine shillings being treble the value of the stolen goods, costs, etc., and in default of such payment to be sold into servitude by complainant for six months. For forgery the same party at the same term was sentenced to imprison- ment for one year without bail or mainprize and to be set in the pillory and to have one of his ears cut off.
At the October term, 1783, respondent was found guilty of counterfeit- ing, sentenced to be set in pillory and have an ear cut off and be imprisoned for one year. In May, 1796, in State vs. Holmes there was a verdict, guilty of horse stealing, and a sentence "that he be marked with a line of India ink, well and deeply inserted, across the forehead from the hair of the temple on one side to the hair of the temple on the other side and with a line from the centre of the line aforesaid to the top end of the nose on the most prominent part thereof, and to pay the complainant the sum of one hundred and seventy dollars being two fold of the value of the mare stolen and costs, etc." Parties were often sentenced to be sold into servitude for specified terms as late as the first quarter of the nine- teenth century.
There have been several trials for capital crimes in Haverhill, and several executions for the crime of murder have taken place, some of these are of special interest. Grant Powers in his "History of the Coös Country" gives an account of the first trial and execution in Haverhill of which tradition is preserved, and probably the last under Indian auspices:
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A remnant of the St. Francis Tribe of Indians which had been at Coos before the French and Indian War returned after the close of hostilities. One of the most vicious of this remnant was one named Toomalek, who in a fit of jealousy, intending to kill one Mitchel who had been successful in winning an Indian girl, Lena, as his bride, shot at him, wounding him, and by the same discharge killed Lena who had been sitting at the side of Mitchel before the evening fire. Mitchel recovered, and Toomalek was tried after the Indian form. Through the influence of Captain John, an influential and cruel old warrior who was president of the court, he was acquitted on the ground that as there was no intention to kill Lena, but rather Mitchel, there was no murder. Mitchel mar- ried again, and soon after Toomalek accompanied by a white man and a bottle of rum visited Mitchel's wigwam. "Mitchel drank much and Toomalek little, when Mitchel had become practically helpless, Toomalek provoked a quarrel concerning the shooting of Lena, and Mitchel made a feeble drunken pass at Toomalek with a knife, and Tooma- lek made this an excuse for dispatching him on the spot. Toomalek had his trial and was acquitted on the ground of self-defence, Captain John was also president of this court, and again saved the life of Toomalek. Retribution, however, soon followed both. A party of Indians were on the Haverhill side near the old court-house. Pi-al, the son of Captain John had some bantering talk with a young squaw from Newbury. She took umbrage at some of Pi-al's sallies and going aside with Toomalek whispered with him. Toomalek returned to Pi-al, and as he was walking by his side drew a long knife and by a back hand stroke plunged it into Pi-al's throat. Pi-al fell dead a few rods away. Old John was almost frantic with agony when he learned that Toomalek had killed his son Pi-al. He confessed his sin in sparing the life of Toomalek. The next day in the fore- noon a court was called to try Toomalek. All the evidence was taken and it was unani- mously agreed that he was guilty and must be shot. They sent a delegation to Rev. Mr. Powers to learn whether that decision was agreeable to the word of God. The minister heard the evidence and affirmed the judgment. By the Indian law old John must be the executioner as he was the nearest by blood to the slain, and he must avenge the blood of his son. The ground floor of the old court house was the place designated for the execution. Toomalek came to the place himself, without guard or attendance, where John stood in readiness with his loaded musket. He seated himself on the floor, said his Catholic prayers, covered his eyes, and said 'mack bence,' that is 'kill me quick.' John stepped forward, put the muzzle of his gun near his head and he was dead in an instant."
The celerity with which justice was meted out in this case is one of the notable features of the proceedings. Toomalek had the benefit of two miscarriages of justice, but this time there was no escape and no delay in meeting his doom.
At the execution in Haverhill July 28, 1796, of Thomas Powers, sen- tenced to be hung for a hideous crime committed in Lebanon, December 7, 1795, a sermon was delivered by Noah Worcester, A. M. This was published in a pamphlet of 33 pages by N. Coverly, Hanover. The text was Luke 23, 39-46. The first 17 pages were a general application or elucidation of the text. The address to the criminal occupied 3} pages and the remainder was an address to the audience in which the great increase of crime was dwelt upon. "Dr. Daniel Peterson of Boscawen & Dr. Lacy of Hopkinton rode to Haverhill to be present at this execution. Powers was a negro, and he had sold his body to the two physicians for
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dissection. Dr. Lacy skinned the body, had the skin tanned and a pair of boots made from it." [Horton of Boscawen and Webster, Coffin, p. 428.] Powers is said to have sat upon his coffin on the scaffold, chewing tobacco during the service.
The manner of Toomalek's execution may have seemed barbarous, but the circumstances were hardly less gruesome than those attending the execution of Josiah Burnham August 12, 1806, the place of execution being Powder House hill at the Corner. For a period of thirty years Josiah Burnham had been a well known character in the towns of Bath, Coventry (Benton), Warren and Haverhill. He was land surveyor, school master, blacksmith, speculator, almost constantly engaged in litigation, and bearing anything but a good reputation for honesty and morality. During the latter part of his career he was hopelessly in debt, and he was, at the time of the commission of his crime of murder, confined in jail for debt, and on charges of certain dishonest business transactions. He came of good New England stock, and was the black sheep of a notable family. He was born in Kensington (Farmington), Conn., August 12, 1743, the son of Josiah and Ruth (Norton) Burnham. His grandfather, the Rev. William Burnham, a graduate of Harvard, 1702, was pastor of the church at Farmington for a period of thirty years, a leading clergy- man of the Connecticut colony, and according to Hinman "a gentleman of great wealth." His wife, grandmother of Josiah, was a member of the famous Connecticut Walcott family.
The crime of which he was guilty was a peculiarly atrocious and revolt- ing one. A contemporary account of the affair appeared in the New Hampshire Gazette Dec. 31, 1805:
HORRID DEED! !
On the morning of the 18th inst. Russell Freeman Esquire and Captain Starkweather, being confined in the same room in the prison at Haverhill with Josiah Burnham, a prisoner confined for forgery-owing to some misunderstanding that had existed between the prisoners, Burnham in cold blood drew his knife which was a long one which he car- ried in a sheath, and taking advantage of Starkweathers absence in another part of the room, he inhumanly stabbed Freeman in the bowels, which immediately began to gush out. At the noise occasioned by this, Starkweather endeavored to come to the assistance of his friend Freeman, when horrid to relate, Burnham made a pass at him and stabbed him in his side, and then endeavored to cut his throat, and the knife entered in by his collar bone. Burnham after this made a fresh attack on Starkweather and stabbed him four times more. By this time he had grown so weak that the monster left him and flew at Freeman, who all this time was sitting holding his bowels in his hands, and stabbed him three times more. This abandoned wretch then attempted to take his own life, but did not succeed. By this time the persons in the house were alarmed and came to the gaol door, and after considerable exertion entered and secured the murderer. Free- man lived about three hours, and Starkweather about two, from the time the assistants entered the prison. Our informant mentions that Burnham appeared in good spirits and said he had done God's service.
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Capt. Joseph Starkweather, Jr., was a reputable citizen of Haverhill whose only crime was that he was in debt and unable to pay. Russell Freeman, a prominent citizen and merchant of Hanover, who had held various positions of trust and honor including the speakership of the New Hampshire House, and membership in the Executive Council for five years, had been unfortunate in business, and was beset by debts and embarrassed by suits instigated by his creditors. Confined in jail for debt the three occupied the same room. It is claimed that Burnham's only provocation was some allusions on the part of Starkweather and Freeman to his relations with a woman who was libelee in an action for divorce.
The Gazette account of the murder is certainly concise, graphic and realistic. The newspaper of today would have used columns of space, embellished with pictures, but its readers would hardly have gained a clearer conception of the brutal tragedy than did the readers of the Gazette.
At the May term of the Superior Court of Judicatur, 1806 held at Plymouth the grand jury found two indictments of Burnham, one for the murder of Freeman, the other for the murder of Starkweather. At the same term he was arraigned and tried, Chief Justice Jeremiah Smith, presiding with Associate Justices Wingate and Livermore sitting with him. Attorney General George Sullivan appeared for the State, and on Burnham's plea of not guilty, Alden Sprague of Haverhill and Daniel Webster who had the previous year begun the practice of law in Bos- cawen were assigned by the Court as counsel for the defence. The news- papers of the day in their brief accounts of the trial at which Burnham was speedily found guilty and sentenced to death make no mention of Web- ster as one of the counsel for the defence, but this perhaps was not strange as Webster had been only a few months at the bar and Daniel Webster not then been discovered. In later years, in 1851, Mr. Webster in the course of a conversation with Judge Nesmith of Franklin in which he reviewed some of the early legal controversies in which he had been engaged alluded to the trial of Burnham and remarked:
Burnham had no witnesses. He could not bring past good character to his aid, nor could we urge the plea of insanity in his behalf. At this stage of the case, Mr. Sprague, the senior counsel, declined to argue in defense of Burnham and proposed to submit his case to the tender mercies of the Court. I interfered with this proposition and claimed the privilege to present my views of the case. I made my first and only solitary argu- ment of my whole life against capital punishment, and the proper time for a lawyer to urge this defence is when he is young and has no matters of fact or law upon which he can found a better defence.
The execution of Burnham which, as before stated, took place August 12, 1806 was a memorable event. It took place in the presence of an immense concourse of people. There had been previously but one execu-
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