USA > New Hampshire > Strafford County > Rochester > History of the town of Rochester, New Hampshire, from 1722 to 1890, Vol. I > Part 31
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In March, 1843, the society adopted a constitution. The pledge forbids " all intoxicating drinks," and not merely "ardent spirits," - a decided step forward. The society endorsed " moral suasion, enforced by deeds of benevolence and kindness," but added, " that nothing in this article shall restrict the right of the society, or any person in their individual capacity, of making use of any other lawful means that the circumstances of the case may require." At times the legal outran the moral means, and the society ap- pointed committees to collect evidence and prosecute offenders. Rochester sent a large delegation to the Dover convention in May, and James Hurd presented a report showing the prosperous con- dition of the Rochester society. July 4th there was an enthusiastic celebration, Salmon Falls and Rochester societies uniting in the exercises, with J. H. Edgerly as marshal, and a band of music to enliven the occasion. The society paid Watson Hayes to furnish cloth for decorations. Another grand celebration occurred in November when the county society met here. Five hundred delegates were present. A juvenile choir from Great Falls and the Columbian band from Dover furnished the music. The stars and stripes floated from the steeple of the Congregational Church, where the meetings were held. The discussions were spicy. A motion to keep out politics, religion, and law, as tending to dis- turb harmony, was voted down.
All things considered, the year 1843 may be set down as one of the most eventful and exciting in the history of the town. Besides the organization of the Washingtonians, the public celebra-
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tions, the enthusiasm now at its highest pitch, the agitation of legal suasion, followed by one hundred and forty-four indictments in this county, being the first courageous resort to law, there were also other events to render this year memorable. In June a man named Pierce fell from the scaffold of his barn while intoxicated, receiving injuries from which he soon after died. In this year the jewelry store of James C. Cole was robbed of a large amount of valuables. There was an unsuccessful attempt to blow open the vault door of the Rochester bank, and especially is the year remembered for the murder of Phebe Hanson at Meaderborough. At Great Falls an attempt was made to blow up the house of John B. Wood on account of his temperance activity. Thus while the temperance men were putting forth vigorous efforts to subdue rumselling, a carnival of crime seemed to prevail.
Of the one hundred and forty-four indictments at the January term, 1844, only twelve were tried, and ten convictions secured. The remaining cases were continued. This policy of delay has prevailed ever since in our courts, and has been one of the greatest obstacles to the temperance work; yet the efforts put forth had a wholesome effect. A letter written from Rochester in April following, alludes to the great change which a year had wrought, and adds, "No liquor of any kind for drinking can be procured; the apothecary sells only by prescription from a physician."
Interest in the Washingtonian society soon subsided, but there was a partial revival in the fall. New officers were chosen, and meetings held more regularly. Another committee was appointed to visit the rumsellers, but they reported no success. The ministers were invited to give lectures. In the fall of 1845 there was'another partial revival, which spent itself quickly after voting the "rum- sellers a curse and a nuisance," and that "the sale of liquor ought to be prohibited under a penalty of ten years' imprisonment." This is believed to be the first recorded mention of prohibition in our town.
Early in 1846 the interest in the languishing society was sud- denly revived. One bitter cold morning, January 29, the com- munity was startled to learn that the dead body of a man named Henderson had been found lying face downwards in the brick- yard near Walker's bridge, only a few feet from the spot where Page broke his neck five years before. Henderson had been
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hauling hay to Dodge's Hotel, from his home below Gonic, and on his way back at night, had fallen intoxicated from his sled, crawled into the brick-yard, and there perished. The Washing- tonians appointed a committee, of which Henry Drew, the Meth- odist minister, was chairman, to investigate the circumstances, and the leading men again took hold of the work. Another com- mittee consisting of Louis McDuffee, J. M. Hackett, Charles Den- nett, John McDuffee, and Bidfield Meserve issued a lengthy notice offering rewards for the detection of persons who violated the law, appealing to the citizens, the traveling public, the families of drunkards, and the victims of drink themselves to co-operate with them. Every word indicates the excitement which prevailed. The notice was posted in conspicuous places, and all the newspapers in the State were requested to publish it. For a few weeks a sharp controversy raged in the "Great Falls Transcript" and the " Dover Enquirer" over the question, "Who sold the man his
liquor ?" Six or eight persons published what they knew about
it, but the statements were very contradictory. Whatever the truth might be, there was no doubt that his death was caused by rum. Three rumsellers at this time gave bonds to sell no more. Others refused to bind themselves. Before the excitement had subsided, the annual town election came on. This election has been known as "the three days' fight." Twelve ballotings were necessary before the first selectman was chosen, the question being between a board that would license, and one that would not license. The contest was bitter and exciting, but the temperance party at last triumphed.
The last record of the Washingtonians is dated Jan. 5, 1847, when Reuben Tilton was president, and Charles G. Horney, sec- retary, the meetings being held in the Methodist vestry.
In this place it may be proper to refer to other sudden deaths from alcohol, though not belonging to this period. More than sixty years ago a man named Richardson was found dead near the Hall place, back of the Louis McDuffee farm. He had been butchering, and perished on his way home. Not many years later a man named Howard, living above Meaderborough, being intox- icated town meeting day, started to go home, and it is supposed that having taken the wrong road he attempted to cross the river on the rotten ice, and was drowned. His remains were afterwards
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found by some one out fishing. The case of Lawrence Murphy run over by the train on the Great Falls & Conway Railroad a few years since, and another case on the same road thirty or forty years ago, are fresh in the recollection of many.
No one can measure by these few cases the havoc of intoxicating drinks. They are only occasional freaks of the fiend. His regular . work is not less deadly, but only less startling. It is concealed from view, like some terrible diseases which now and then send their marks to the surface. The misery caused by alcohol no history can record.
About a mile above the village, on the road to Chestnut Hill, may be seen the grave of Andrew F. Howard. A rough field- stone without inscription marks the spot. He was not over twenty-two years of age, and had it not been for conditions which surrounded him from birth, - conditions for which society is not blameless, especially in its toleration of ignorance and rum-shops,- he might have been living to-day, a respectable man. According to the testimony of those who knew him, he could neither read nor write. According to his own confession, although not intox- icated at the time of the deed, yet several previous days of hard drinking had thoroughly fitted him for the terrible crime. He was under a spell, as he said. Jacob and Phebe Hanson, brother and sister, lived a short distance beyond the school-house on the Meaderborough road. They were plain, peaceable, industrious members of the Society of Friends. By their habits of industry and economy it was supposed they had laid by a considerable sum of money. Howard, who knew them well, having worked for them and also for other persons in the neighborhood, had heard this report. He was living with his brother on the road to Great Falls, near the bridge over the Salmon Falls River. Discouraged and utterly desperate he had formed a plan to improve his lot by shipping for New Orleans, provided he could get the money to pay his passage. In this state of mind, on the morning of September 19, 1843, taking down his gun he started for Meaderborough, determined to have the money of the Hansons, by whatever means might be necessary. The Hansons had always treated him well, and he bore them no malice; their money was what he wanted. The distance was some ten miles. Arriving at the house about noon, he learned that Jacob Hanson had gone to Great
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Falls, or he may have known it before starting. At the door he made his demand for money, accompanied by threats. Miss Hanson gave him a small sum saying it was all she had, but not believing her, Howard took deliberate aim, and, while she stood in the entry with arm uplifted to avert the danger, fired. . The charge entered the neck, and she fell dead on the floor. Finding a trunk he took it a short distance away and broke it open with an ax, obtaining about twenty-nine dollars in money, and a pocket knife, with which he fled. Another trunk said to contain a large sum of money was overlooked. The murder was discovered by James Page, a neighbor who came to the house for some cider. Entering the kitchen, he found three men sitting there with their guns, who said they had been hunting, and came to the house also to get some cider. To his inquiry for Phebe, they replied that she was asleep in the entry. He went and discovered that she was dead. The alarm was given, and the town was thrown into intense excitement. The three hunters were arrested and examined before a justice, but their story appearing truthful, and there being no evidence against them, they were discharged. Suspicion fixed upon Howard, who had been heard to utter threats against the Hansons, and officers were put upon his track. In the meantime Howard had returned and informed his brother of his crime. When the officers appeared they escaped through the cellar door, and fled to the woods. The next morning they were arrested at the station in Dover, just as they were taking the train for Boston. Andrew at once made full confession. The stolen money and knife were found where he said he had hidden them. He was brought to Rochester the same day, examined before Richard Kimball, Esq., and com- mitted to jail to await trial, his brother being also committed to appear as witness. In October following, Howard attempted suicide by hanging himself with his handkerchief, but was cut down barely in season to save his life. The trial commenced in August, 1844, Attorney-General Walker and Solicitor Woodman appearing for the State, and D. M. Christie and John P. Hale for the prisoner. Both Christie and Hale made powerful arguments, Hale directing all his efforts against capital punishment, while Christie endeavored to prove that the crime was only murder in the second degree. The jury were understood to be equally divided,
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six voting to convict of murder in the first, and six in the second degree. In connection with this case a very strong agitation of the question of capital punishment sprang up throughout the State. The entire want of moral training in his youth, the fact that he was not known ever to have attended school, aroused some degree of sympathy for the criminal. On the day of the presidential election in November, 1844, the sense of the people of the State was taken upon the question of abolishing capital punishment. Rochester voted thirty-eight in favor to one hundred and eighty-four against its abolition. The majority in the State against its abolition was nine thousand eight hundred and eighty- one.
In February, 1845, Howard had a new trial. Two hundred jurors were summoned before a panel could be completed. The trial occupied more than a week. Hale and Bell appeared for the prisoner, and attempted to prove an alibi by testimony of relatives. After a brief consultation the jury returned a verdict of murder in the first degree, but motion was made in arrest of judgment, and sentence deferred. At the July term, the motion for a new trial was overruled, and Howard was sentenced to be executed Wednesday, November 12. He received his sentence with apparent indifference. In October petitions were circulated for his reprieve.
When the 12th of November arrived, the gallows having been erected, and all arrangements for a public execution completed, six or eight thousand persons assembled to witness the final scene. But Governor Steele had come to Dover the day before in order to satisfy himself in regard to the propriety of a reprieve. After a private interview with Howard, he decided to reprieve him on the ground that his natural lack of intellect, and the evil influences that had surrounded him from infancy, rendered him an improper subject for execution, but that his case should be submitted to the Legislature. During the interview Howard was unmoved as a block, and seemed only anxious to know whether a reprieve would be granted before or after he was placed upon the scaffold. Governor Steele waited till the last moment in order that the sentence might have its fullest effect upon the criminal, the only person in the world, says a Dover paper, whom the effect was not calculated to benefit. He did not even express thanks for the
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new lease of life. By the reprieve the execution was postponed to July 8, 1846, so as to afford ample time for the Legislature to consider the matter. At the next term of the superior court the indefatigable counsel for the prisoner had him brought before the court on a writ of habeas corpus, contending that there was no authority to reprieve a man under sentence, and therefore that the reprieve was either a nullity, or had the effect of a pardon ; if the latter, Howard was entitled to his freedom; if the former, then the day appointed for execution having passed, the sheriff had no further authority to detain him. But the court did not sustain the writ. When the Legislature met in June, the subject of capital punishment in general, and the case of Howard in par- ticular, engrossed a large share of attention. Both Christie and Hale were members of the House, and Hale was chosen speaker. Christie, from the judiciary committee, reported a bill to abolish capital punishment, which failed to pass. A special committee reported a bill giving power to the governor to commute sentences, but it was indefinitely postponed. Petitions came in for the com- mutation of Howard's sentence to imprisonment, one from Dover being signed by Abraham Folsom and one hundred and ninety-six others. A special bill was introduced authorizing the Governor and Council to commute Howard's sentence, but it was not passed. The 8th of July was drawing near, and nothing had been accomplished toward staying the execution. On the Sabbath before, a public meeting was held in the town hall at Dover, and a petition pre- pared asking the Legislature to suspend the sentence. The judi- ciary committee was instructed by the House to report a bill to that effect. They reported the bill July 7, with a recommendation that it should not pass. There was an exciting debate, Hale leaving the speaker's chair to take part, and the bill was rejected. Of the two Rochester representatives, Daniel Lothrop voted in favor, and Richard Kimball against. The last effort had failed, and on the next day Howard paid the penalty of the law. He was attended by Dr. Sweetlove and Elder Elias Hutchins. He stated that, had he heeded his mother's advice and shunned bad companions, he would not have been in such disgrace. His death appeared to be instantaneous. It was designed this time that the execution should be private, but persons on the fences could see over the walls of the jail. To prevent this, canvas had been
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spread, but so great was the clamor of the crowd, with threats of demolishing the jail-yard fence, that the officers removed the canvas, and a part of the spectators were gratified. Of the three thousand persons present about one third were women.
For several years an unremitted war against rumsellers was waged, principally by two men, Noah Tebbets and Charles Den- nett. Tebbets was an excellent lawyer, and afterwards judge of the court of common pleas. Dennett was a deputy sheriff and a fearless officer. Both were thoroughly hostile to rum and what- ever corrupted the morals of the community. The annual trainings and musters were occasions of drunkenness and rowdyism, and the great battles with rum were on the muster-field. Persons came to these musters expecting to see Dennett killed, and once or twice the report of his death was circulated. He always suc- ceeded, however, in driving the rumsellers from the field. Too often they would set up their carts and continue their traffic in the woods at the outskirts of the village, but the stream of drinkers going and coming would soon lead to detection. After the death of Tebbets in 1844, the traffic went on for a time unhindered. 3
The last muster of the old Thirty-ninth Regiment in Rochester was in September, 1847, on the field near the factory of E. G. & E. Wal- lace. Drinking, gambling, and fighting fully maintained the bad reputation of an old-fashioned militia muster. Rum was early driven from the field, but found safe refuge in the woods and bushes near by. The artillery company was the only one in uniform, and of this only twenty or thirty out of one hundred and fifty members paraded. By a premature discharge of the cannon, Thomas Henderson of Farmington had his face mutilated, and a part of his arm blown away.
About this time the temperance cause began to revive. For a few years many rumsellers in the county were indicted. Divisions of the Sons of Temperance, the earliest secret temperance organ- ization, began to be formed. Gaining rapidly in popularity they continued a beneficent work for many years. Pass-words, signs, grips, and secret rites of initiation added a certain charm to their meetings. Cadets of Temperance for boys, Sisters of Cadets for girls, and Daughters of Temperance for women, became flourishing branches of the main order. These societies occupied a room in the old Court House. At the burning of this building in 1850 their
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regalia and records were destroyed. The subject of prohibition had been so extensively agitated that in 1848 the question was sub- mitted to the people, "Is it expedient that a law be enacted by the General Court prohibiting the sale of wines and other spirit- nous liquors, except for chemical or mechanical purposes ?" Roch- ester voted one hundred and fifty yeas, and seventy-four nays.
In February, 1850, some of the citizens, impatient of the slow processes of law, undertook more summarily to "stamp out " the liquor traffic. A band of men, led by the deputy sheriff, visited an Irish house in what is now Factory Court, seized the liquor and burned it on the brow of Mill Hill. They then visited sev- eral other houses, seizing and destroying the liquor. One man met them at the door with an ax, but was overcome and his liquor captured. As they went from house to house the mob increased to a large number, including spectators, many of whom were among the most respectable people in town. Their presence, however, made them accessory. Solomon M. Hall, whose house on Frog Pond Hill, now Washington street, had been attacked, took legal steps against the raiders, and at the August term of court thirteen persons were indicted for "riotously, tumultuously, unlawfully, and outrageously attacking and besetting the house " of said Hall at 10 o'clock at night, "injuring property and breaking windows." A long trial followed, the rioters being defended by Daniel M. Christie. The verdict was against them, and they were fined five dollars each, with very heavy costs. They secured, however, an order for a new trial, and in the meantime settled up, some paying as high as $180 each. At the same term of court twenty indictments were found against Hall for selling liquor. At the next annual meeting after the riot, the town appointed L. W. Allen, J. H. Ela, and Louis McDuffee a prose- cuting committee. They checked the sale of liquor for about a year, when the matter was dropped.
In 1851 the subject of a law similar to the "Maine Law " was much discussed, and a convention was held at Dover to consider the subject. The Legislature submitted to the vote of the people an " act for the suppression of tippling shops and drinking houses." It appears to have been unsatisfactory to the people, as only about five thousand votes were cast in the State. Rochester indefinitely postponed action. In 1855 there had come a complete political
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revolution in the State. The temperance sentiment had secured a large majority in the Legislature. A prohibitory law was enacted substantially as it stands on our statute book to-day. The tem- perance people were much elated, and held a congratulatory convention at Great Falls.
So long as the community were united and determined in enforcing the law it worked well, but it ceased, at length, to be a new thing. Temperance efforts were relaxed, and a long period of free rum followed.
In the winter of 1864-65 people were stirred to more active efforts, and formed a private association to suppress the sale. Committees were appointed to procure evidence and carry on the work of prosecution. Out of these committees the following per- sons were specially active, and accomplished much for the tempo- rary suppression of the traffic : - Charles W. Brown, Charles K. Chase, Frank McDuffee, Robert McIlroy, J. F. Place, and Jona- than Wentworth. In the summer following, a public meeting was held in the Methodist Church, but the names of the committees were kept as secret as possible. The meeting served to keep public sentiment aroused, while the committees carried on the work of prosecution. A liquor dealers' association in Massachusetts under- took to protect its members by transferring actions to the United States courts under provisions of the internal revenue laws. Many hundred cases were thus taken out of the State courts, and the power of the law was thereby crippled. It was said that some of the dealers in Rochester had joined this association, and able Massa- chusetts counsel was employed to defend them. At the February term of 1866 about thirty indictments were obtained by the Rochester committee. Before the grand jury rose, Judge Doe, with the Attorney-General, caused injunctions to be served on the U. S. Marshals, clerks of courts, and lawyers expected to defend the persons indicted, restraining them from any attempt to transfer the cases. The sheriff and his deputies being all assembled, were suddenly dispatched in every direction to serve these injunctions. The grand jury rose and reported. Many of the indicted parties finding themselves out-generaled escaped into Maine. By this means, several of the worst places in Rochester were closed, and some of the proprietors never returned. Over $600 was paid into the county treasury for fines and costs. This committee continued
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to work for two years. Public meetings were frequently held in the churches on Sabbath afternoons, the ministers being especially zealous in the cause. Rumsellers were greatly enraged. The principal hotel was fenced up, and refused for a long time to entertain travelers. The store of C. K. Chase, one of the com- mittee, was fired into in the night, causing much damage to his goods. Great efforts were made about this time to secure a law for a State constabulary for the better enforcement of prohibition, but without success.
The rum party was long able to defeat every attempt to get the authority of the town to sanction the efforts of the committee. At the annual meeting in 1866 the town refused to appoint a prosecuting committee. At a special meeting in June following, articles to prosecute at the town's expense, and to reimburse Mr. Chase for the destruction of his property, and to establish a night watch, were defeated by adjournment. In April, 1867, however, the town instructed the selectmen to appoint a prosecuting com- mittee, and also voted unanimously to instruct the representatives to use their efforts to secure the passage of a constabulary law.
In 1865 Concordia Lodge of Good Templars was organized, and was very flourishing and useful till it was disbanded in May, 1869. There were over one hundred and fifty members in its best days. Soon after its discontinuance, Dennett Division of Sons of Temperance was instituted, through the efforts of the celebrated Canadian temperance orator, Edward Carswell. This Division had a very useful career till the surrender of its charter in August, 1879. It was composed largely of young people, and combined literary and social entertainments with its efforts to save the young from intemperance. This institution was too much neglected on account of the attention given to other organizations connected with the temperance reform. Dennett Division has, however, been largely instrumental in giving an impetus to all the others. The Temperance League of 1872, with its monthly meetings in McDuffee Hall, and the various clubs and societies which have since taken up the work, mainly owed their existence and success to members of the Division.
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