USA > New Hampshire > The bench and bar of New Hampshire : including biographical notices of deceased judges of the highest court, and lawyers of the province and state, and a list of names of those now living > Part 21
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were at fault. After grave comparison of views, nine several points of law were agreed upon to be raised to the court, to which one of the counsel, James Bell, suggested a tenth, " to round out the number," as he said ; which was added, though perhaps re- garded as of minor consequence.
When the Court passed upon the points, they overruled the nine, severally, but held the tenth valid ; namely, that a town was liable to only a single penalty, however many cases of neglect were shown. Consequently none of the towns sued had to pay more than twelve dollars at the utmost; and as a matter of course no more costs than damages. As the plaintiff's expenses in pre- paring and conducting the suits must have been many times greater than all he could recover, the speculation proved disas- trous in every way. In 1846 the statute was so far amended as to rid it of its most obnoxious feature.
Mr. Bowman was chosen moderator of Bedford a number of years, and a representative in the legislature of the State in 1838.
His wife was Asenath Ladd. They had two sons, one of whom was bred to the profession of the law.
MOSES HAZEN BRADLEY.
Son of Hon. John and Hannah (Ayer) Bradley ; born, Concord, March 15, 1782 ; Dartmouth College, 1807 ; admitted, 1811 ; practiced, Bristol and San- bornton ; died, Concord, June 22, 1834.
Mr. Bradley studied his profession in the office of Samuel Green, in his native town. In 1811 he settled in practice in what is now Bristol Village, which was up to the year 1820 a part of the town of Bridgewater, and there, with the exception of the years 1813 and 1814, when he made a temporary removal to Sanbornton, his professional life was passed. He was chosen a member of the school committee from 1824 to 1827 ; representa- tive to the legislature in 1823; and state senator in 1824. As a lawyer he is represented as of fair abilities and learning, though he was not an advocate. Moody Kent in his diary mentions him in terms of respect and friendship, which speak well for his standing.
In the autumn of 1832 his health began to fail, and slow con- sumption ensued. He was removed to the home of his brother, Richard Bradley, in Concord, but his last sickness was prolonged for more than a year and a half before his death.
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His wife was Mary, daughter of Dr. Peter Green of Concord. They were married in 1817, but had no children.
WILLIAM BRIGGS.
Son of Eliphalet and Mary (Cobb) Briggs ; born, Keene, June, 1773 ; Dartmouth College, 1799; admitted, 1803 ; practiced, Charlestown ; died there, January 27, 1847.
The subject of this sketch began his career on the shoemaker's bench, in Keene, in the same building where Samuel Hunt had his office. But his ambition looked to something above " leather and prunella," and by dint of diligence and economy he accomplished a collegiate education. One year he studied law with Peleg Sprague in Keene, and then finished his apprenticeship with Ben- jamin West in Charlestown; and in the latter town he estab- lished himself in practice.
He had no gifts as an advocate, was forbidding in his personal appearance and stern in his manner, but his legal knowledge, in- tegrity, and fidelity were so well known and relied upon that his services were in much request. The very men who were angry with him on account of his bluntness of speech were sure to in- trust him with their business if they wanted it done squarely and promptly.
One man, in a fit of anger, carried to his office, on purpose to affront him, a pair of boots, to be mended. This allusion to his former trade Mr. Briggs was too sensible to resent, and he told the man to leave the boots and he would attend to them. He pro- cured a shoemaker to repair them, and compelled his insulter to pay the bill, with a commission to himself for attending to the business.
He was equally philosophical in regard to his personal un- comeliness. One day a stammering man vented his spleen upon him in language something like this: "You m-miserable old cuss, you, y-you are the w-worst looking man I ever saw. You r-run away from your M-Maker before you was half m-made up!" Mr. Briggs was a sober man, but this ebullition overcame his gravity, and he shouted with laughter.
Mr. Briggs married, December 1, 1811, Elizabeth, daughter of John Willard of Charlestown. They had no children.
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ABIATHAR G. BRITTON.
Born, Westmoreland, c. 1776 ; admitted, 1798 ; practiced, Orford ; died, Boston, Massachusetts, December 14, 1853.
Neither the parentage nor the educational outfit of Mr. Britton has been ascertained. The tradition is that he came to Orford from Fryeburg, Maine, in consequence of an agreement between Judah Dana and himself to cast lots which of them should settle in Fryeburg and which in Orford. The latter place fell to Brit- ton, and he proceeded thither about the year 1798. He was admitted to the bar of the Superior Court in Grafton County in 1800, probably two years after lie became an attorney. He rode into Orford on horseback, his entire effects in his saddle-bags, books in one side and clothing in the other.
It was not long before he gained a paying practice and the favorable opinion of his townsmen. He took much interest in public affairs, was many years auditor of the selectmen's ac- counts, and moderator, and was often engaged as counsel for the town. In 1835, 1836, 1838, 1839, 1850, and 1851 he was representative to the General Court, and in 1816 and 1817 a member of the state Senate. He was also a delegate to the con- stitutional convention in 1850-51.
Mr. Britton was a good but not a profound lawyer, and had a remarkable talent for business. His method of dealing with his clients was peculiar if not unique. He kept no books of account, but for all services rendered which were not at once paid for he took demand notes, so that in process of time he had immense files of those promises to pay. His habit was to sue every note once a year, which was expected by the debtors, as a matter of course. If the note was paid, well; but in a great number of cases, where the debtors were responsible, new notes were given to cover the amount of the old ones, with interest and costs; and these in their turn were sued the next year, and so on. In the nature of things the lawyer's gains rapidly accumulated by this process. It is only fair to say, however, that not a few lawyers of that time treated their debtors much more severely than this, and exacted from them usurious interest, which Mr. Britton never did. In his long and successful practice he acquired a large fortune.
Mr. Britton was a wit and a most genial companion. Isaac
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Patterson liked to rehearse the pleasantries of the members of the bar when they used to hold their symposiums during the sessions of the courts, before the introduction of railroads. Mr. Britton appeared to advantage on those occasions. His bright sayings and his melodious voice were great attractions. He sang the "Vicar of Bray " with prodigious effect; and rehearsed in rhythmical style a deed of warranty and mortgage of land, in a manner which fairly brought down the house. Mr. Britton used to tell, too, his early experience with his justice of the peace, who at first was very scrupulous lest his name might be appended to a writ filled out with an unrighteous cause of action, but after tast- ing the sweets of his fees became quite ready to give the plaintiff judgment in every case where his attorney did not make the pre- concerted signal for him to do otherwise.
One morning, after being compelled to share his bed with another counselor of huge physical development, Mr. Britton, who was of slender frame, remarked to his friends that he was going to petition the court to have his dower set off in the bed, so that he could have his thirds.
The store of jokes and fun at Mr. Britton's command is said to have been inexhaustible. He was the master, too, of wide infor- mation on most subjects of general interest, and nothing gave him more pleasure than to impart it to others, especially to the younger portion of the community.
In person Mr. Britton was graceful; he was polite in manner, with a soft voice. His whole bearing was rather aristocratic, which, it is said, in his later years did not tend to render him generally popular.
His wife was Miss Fowle, from Watertown, Massachusetts, a sister of the wife of William Smith of Hanover. She is de- scribed as an elegant woman. They had two sons and several daughters.
TITUS BROWN.
Son of Elias and Rebecca (Keyes) Brown ; born, Alstead, February 11, 1786 ; Middlebury College, 1811 ; practiced, Alstead and Francestown ; died, Francestown, January 31, 1849.
Mr. Brown read law with James H. Bingham of Alstead, and began to practice there in 1816. After one year he removed to Francestown, the scene of his chief life work. He was popular
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and able, and was in 1819 elected a representative to the General Court, and reelected four times. In 1823 he was appointed to the solicitorship of the county, and resigned it after two years to accept a seat in Congress, to which he was chosen in 1825 and again in 1827. In 1842 and 1843 he was a member of the state Senate, and president of that body the latter year. From 1844 to 1846 he was bank commissioner, and from 1846 to 1849 rail- road commissioner, of the State.
Mr. Brown was a firm but not violent partisan, honest and upright, compelling the respect of his political opponents. In the law he was well versed, practical, and careful. His mental powers were of a superior order, not, however, of rapid operation, but moderate, discerning, and not apt to err. He filled a large space in the political arena for many years, and perhaps was better known in that character than as a lawyer, though as a lawyer he was much above mediocrity.
His wife was Jerusha Hutchinson, and he had a son and a daughter.
JOSEPH HUNTINGTON BUCKINGHAM.
Son of Joseph T. and Melinda (Alvord) Buckingham ; born, Boston, Mas- sachusetts ; practiced, Lebanon and Lancaster ; died, Lancaster.
Mr. Buckingham's father was the celebrated editor, Joseph T. Buckingham, who had thirteen children, including three lawyers, two ministers, and one physician. This, presumably the eldest son, was educated and fitted for his profession in Massachusetts. It is not known how long, or where, he practiced it before coming to New Hampshire, but as he had been a correspondent for the Boston " Courier " from Europe and from Washington, District of Columbia, it is clear that he had not given his undivided atten- tion to the law. He first settled in Lebanon as an attorney in 1861, and represented the proprietors of lands in Dixville. From some transactions respecting them arose a long-continued litiga- tion in which he was employed. In 1864 Mr. Buckingham changed his place of business to Lancaster, and remained there till his decease, about the year 1873.
He was endowed with good mental powers, but was thought not to show much faculty for business. It is supposed that he had little general practice.
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His wife was Eliza Willett of Boston. They had one daughter and three sons.
JOSEPH BUFFUM.
Son of Joseph and Sally (Haskell) Buffum ; born, Fitchburg, Massachu- setts, September 23, 1784 ; Dartmouth College, 1807 ; practiced, Keene ; died, Westmoreland, February 23, 1874.
Mr. Buffum began the study of the law with Noah Cooke of Keene, and was admitted an attorney of the Court of Common Pleas as early as 1812, and opened his office in Keene. He was elected a representative in the Congress of the United States in 1819, and served through one term, but declined a reelection. The reason of his quitting political life is said to have been his extreme distaste for the corrupt methods which he witnessed at the national capital.
On returning to New Hampshire he did not resume his law prac- tice, but retired to his paternal home in Westmoreland. There he spent the residue of his long life in seclusion, seldom appearing off his farm, except for urgent reasons. He avoided all female society save that of his mother, and depended on his newspapers and books for company. His abilities were much above medi- ocrity, he was fond of reading, his judgment was sound, and his honesty not open to suspicion.
He never married.
EDMUND BURKE.
Son of Elijah and Grace (Jeffers) Burke ; born, Westminster, Vermont, January 23, 1809 ; admitted, 1830 ; practiced, Colebrook, Whitefield, Clare- mont, and Newport ; died, Newport, January 25, 1882.
Mr. Burke's father, to encourage his son's ambition for study, relinquished all further claim upon his services when he was fifteen, and he began to learn Latin under the instruction of Henry A. Bellows, then a student at law in the office of William C. Bradley of Westminster. A year later, young Burke began to acquire the rudiments of the law in the same office, and improved his time diligently during the five years which the rules of Vermont prescribed. As soon as he was admitted, he began practice in Colebrook, but after a little time moved to Whitefield, where he met with encouraging success in the law, and also
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evinced his decided predilection for politics. His party friends in 1833 offered him the editorial charge of the " Argus," a weekly newspaper then lately established in Claremont, and he removed thither, without delay. The place of publication of the news- paper was changed at the end of a year from Claremont to New- port, the editor at the same time removing his residence to the latter town. Another paper, called the " New Hampshire Specta- tor," was absorbed by the " Argus," under Mr. Burke's manage- ment, while he at the same time carried on his law business, a continually increasing one.
The "Argus and Spectator " was strongly political, and Mr. Burke's able editorial articles gained him much credit within and outside of the State, insomuch that in 1837 he was invited by Felix Grundy, James K. Polk, and others interested in the Nashville " Union," the leading organ of their party in Tennessee, to remove thither and assume the charge of that journal. Mr. Burke pre- pared at once to accept the flattering offer, but his friends dis- suaded him from it by engaging to support him at the next election for member of Congress, if he would remain in this State. He took his seat as representative in 1839, and was reelected for the two following terms, six years in all. He was emphatically a working member, and though among the youngest men in the House, he exerted no little influence. He spoke seldom, and with thorough knowledge of his subject. He was the chairman of a committee appointed in 1844 to report upon the suffrage movement in Rhode Island known as the "Dorr Rebellion." The elaborate report on that subject, of nearly one hundred printed pages, was written, and the voluminous documents on which it was based, two hundred and thirty-two in number, were all arranged by him for publication, between Saturday night and the Monday morning following. He was compelled to this haste by reason of an unexpectedly early adjournment of Congress. It was a remarkable instance of his power of rapid and accurate literary workmanship.
President Polk, without solicitation, gave Mr. Burke the ap- pointment of Commissioner of Patents. During his occupancy of the office he contributed to the Washington " Union " a series of articles upon the tariff question, under the signature of " Bundel- cund," which were widely circulated in pamphlet form.
In 1850 he returned to his home in Newport, and devoted him-
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self during the remaining active years of his life chiefly to the practice of the law. He had at different times associates in business, and enjoyed a large and important practice in the state and federal tribunals. From his experience in the government service he had become an expert in questions of patents, and was much employed in cases of that character. He never forsook his habit of writing for the public press, but contributed fre- quently through life to the columns of the journals of his party in this and the neighboring States. His literary tastes and desire for useful information made him a diligent reader, and led to his collecting an exceptionally large and choice private library.
He was united in wedlock, December 1, 1840, with Ann, daugh- ter of Francis Matson of Stoddard. His second wife, whom he married November 29, 1866, was Mary Elizabeth, daughter of Stephen Whitney of Newport. By his first marriage he had one daughter.
GEORGE WILLIAM BURLEIGH.
Son of John A. and Sarah (Briard) Burleigh ; born, South Berwick, Maine, April 11, 1830 ; Dartmouth College, 1851 ; admitted, 1854 ; practiced, Somers- worth ; died there, April 25, 1878.
Mr. Burleigh at fourteen became a student in the Phillips Exe- ter Academy, and thence entered college. His professional studies were carried on in the office of Nathaniel Wells and Charles H. Bell, in Somersworth, and when admitted he succeeded to the place of the latter, who removed to Exeter. Mr. Burleigh re- mained in active practice at this time from 1854 till 1856, when his father, who was agent of the Great Falls Manufacturing Company, was compelled to visit Europe for his health. During his absence, the son was selected to act in his father's place, and upon his father's death in 1860 he was made the permanent agent. This arduous and responsible post he administered until his resignation in 1874. It gave him an overmastering power and influence in the town, which he used with discretion and for the best interests of the people. Every reasonable project that made for the welfare of his townsmen was certain to obtain his support and that of the wealthy corporation which he repre- sented. The fruits of his public spirit and foresight are still enjoyed by those who survived and have succeeded him.
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Few men, after fourteen years' abandonment of practice, could return to the law without feeling and appearing "rusty." But Mr. Burleigh resumed his legal labors as if they had never been interrupted. In fact, his experience in outside affairs seemed to have made him a better lawyer than before. He advanced at once to a front position among the leading counselors of the State. He took real pleasure in his work ; his active mind reveled in solving the intricate problems of the law and in the keen encounters of the court-room. He pronounced this portion of his life to be his " golden age." It was only too short. In four years from the time of his resumption of practice he was struck down by paral- ysis, and survived the attack but two months.
Mr. Burleigh was a man of brilliant parts, handsome in per- son, accomplished, and a universal favorite. In political life he might easily have taken the highest prizes, had his inclination prompted, but he never went beyond the state legislature, in which he was a representative in 1863 and 1864, and senator in 1865 and 1866. He was a trustee of Dartmouth College from 1870 to the time of his decease, and for some years maintained at his own expense a lectureship in the institution. He was a director in the Waumbeck, Great Falls, and Newichawannock Woolen com- panies, in the P. S. and P. and Conway railroads, in the Great Falls National Bank, and a trustee of the Somersworth Savings Bank.
He was married, September 2, 1854, to Louisa H., daughter of John S. Bryant of Haverhill, and left a son and two daughters.
JOHN ADAMS BURLEIGH.
Son of John and Abigail (Smith) Burleigh ; born, Gilmanton, January 2, 1800 ; practiced, Somersworth ; died there, August 22, 1860.
Young Burleigh, under the tuition of Dudley Leavitt, the alma- nac maker, was fitted for Yale College, but never entered. He went into the office of his brother, William Burleigh of South Berwick, Maine, and there completed the study requisite for admission to the bar of York County. Until the year 1832 he practiced in South Berwick, and then removed to Great Falls Village in Somersworth. He was a keen, shrewd, far-sighted lawyer and man of business, and faithful and true to his employ- ers. After six years' practice in Great Falls he was appointed
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agent of the Great Falls Manufacturing Company. He rapidly made himself master of all the details of their complicated and extensive business, and with extraordinary foresight and know- ledge of men filled the chief positions in the establishment with competent officers, and gave liberal aid to every movement that promised advantage and increased prosperity to the town. Under his administration the corporation brought much gain to the stockholders, and he became "the best citizen of the town."
His legal acumen and experience found also full employment in the various questions and suits which arose respecting the rights of the company to the use of the waters in the Salmon Falls River and the several ponds and streams connected with it. It was not until after Mr. Burleigh's death that the change in the legislation of the State known as the " Flowage Act " was placed upon the statute book. It was in an action brought by the Great Falls Manufacturing Company that the constitutionality of that enactment was put in issue, and was affirmed in an elab- orate opinion given by Chief Justice Perley, reported in 47 N. H. Reports, 444.
Mr. Burleigh married, first, Sarah Noble Briard of Ports- mouth, June 3, 1829. They had seven children. His second wife was Emily Ann Colcord of South Berwick, Maine, who sur- vived him. Two of his sons studied the profession of the law, though one did not practice.
JOHN BURNHAM.
Son of Samuel and Mary (Perkins) Burnham ; born, Dunbarton, Septem- ber, 1780 ; Dartmouth College, 1807 ; practiced, Hillsborough ; died there, April 6, 1826.
This was a member of a family of educated men of some note, and was prepared for college under the instruction of the Rev. Dr. Harris of Dunbarton. He studied law with Samuel Bell of Francestown, and David Starrett of Hillsborough, whose brother- in-law he afterwards became. Being licensed as an attorney in 1811, he settled in Hillsborough in April, 1812, after the mys- terious disappearance of Mr. Starrett, and finished his life there. He is described as a good scholar, of a strong and discriminating mind, but wanting ambition and industry. His literary taste was well known, and he was called on to make public addresses on
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various occasions. While an undergraduate in 1806, he com- posed a eulogy on Eliphalet Hardy, a fellow student at Dartmouth College, and he delivered a Masonic address before the Blazing Star Lodge at Henniker in 1809, and an oration before the citi- zens of Hillsborough on the Fourth of July, 1810. All these productions were published.
His wife was Sarah H., daughter of Rev. Joseph Appleton of North Brookfield, Massachusetts. Their marriage took place January 15, 1811, and their children were five in number.
WILLIAM BURNS.
Son of Dr. Robert and Mary (Merrill) Burns ; born, Hebron, April 25, 1821 ; Dartmouth College, 1841 ; admitted, 1844 ; practiced, Littleton and Lancaster ; died, Plymouth, April 2, 1885.
It was in the academies in Plymouth and in New London that William Burns received his pre-collegiate training. He studied law with Leonard Wilcox at Orford, and in the Harvard Law School in Cambridge, Massachusetts, and opened an office in Littleton in the autumn of 1844. There he stayed until May, 1846, when he purchased the business of John S. Wells at Lan- caster, and removed thither. A year later Governor Williams made him solicitor for Coos County. The duties of this office, in addition to his considerable and growing civil business, demanded all his time and care. He became associated in practice with Hiram A. Fletcher, and remained his partner for eighteen years. They were the attorneys of the Atlantic and St. Lawrence Rail- road, and in 1854 Mr. Burns took passage over the line of the railroad for Portland, on professional business. At Stark; on his way, a terrible collision of trains took place, and Mr. Burns was among the passengers seriously injured. It was only after a long confinement, and by the most assiduous care, that he was brought again to a condition to pursue his profession. But his fractured limbs were never strong, and he was never again wholly free from pain. Still, with indomitable resolution he returned to his office and his ordinary pursuits.
He gave up general practice in 1876, though he continued to respond to applications for legal counsel up to the last year of his life.
By the testimony of all his associates Mr. Burns was a law-
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yer of great ability and learning, and an advocate of the fore- most rank. Having once undertaken a cause, he ever after- wards identified himself with it. He was a keen but honest fighter, and never failed to keep his engagements with opposing counsel. He was most successful in presenting cases to the jury. His diction was simple and clear, his manner thoroughly earnest and indicative of his own conviction of the justice of his cause. When he was sarcastic or severe, which he well knew how to be, it was evidently because he believed such a style was merited.
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