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 39

Author: Bell, Charles Henry, 1823-1893. dn
Publication date: 1894
Publisher: Boston and New York : Houghton, Mifflin and company
Number of Pages: 824


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 39


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69


These, however, were his avocations ; his vocation was that of a lawyer. For this he had many and eminent qualifications. He was calm, prudent, and rather secretive ; studious, untiring, and ambitious. He knew his profession well, but before giving his opinion made sure of his grounds. Whatever he had to do was done promptly. Every pleading and notice was duly filed and served, and it was a rare circumstance for him to have to ask a favor of court or counsel. While the court was occupied with matters in which he had no part, he was engaged in the court- room, penning memoranda in his suits to come, or other business. He was always within reach, however, so long as the sessions lasted. When a case of his was called he was always at his post. The opponent who hoped to catch him napping reckoned without his host. Quick to detect every oversight of an adversary, he made few on his own part. He was always equal to himself ; not strong to-day and weak to-morrow. For years he was one of the very foremost practitioners in his county.


In private life he was respected as a gentleman of taste, and scholarship, and public spirit, dignified in mien, in every society a pleasant companion, and a true friend.


In 1848 he married Margaret R. Harris of Portsmouth. Of their four children, the two sons were bred to their father's calling.


427


ALPHABETICALLY.


ALFRED WOODWARD HAVEN.


Son of John Haven ; born, Portsmouth, March 14, 1801 ; Harvard College, 1820 ; admitted, 1825 ; practiced, Portsmouth ; died there, December 27, 1885.


Mr. Haven prepared himself for the profession of the law in the office of his kinsman, Nathaniel A. Haven, Jr. He was in legal practice only nine years, from 1825 to 1834 ; thenceforth his time was absorbed in the care of his large patrimony, and in other interests. His success at the bar, however, evinced his ability to have taken a high place, had his circumstances re- quired it.


He was one of the earliest advocates of the building of the Concord and Portsmouth Railroad, and was chosen the first presi- dent of the corporation, when its prospects of success were least promising, and when constancy and confidence were most needed. He was also a director in the Rockingham Bank and in the Ports- mouth Athenæum. In 1864 and 1865, and in 1867 and 1868, he was a representative of Portsmouth in the state legislature.


His first marriage was with Louise, daughter of James Sheafe, Esq., in 1827. She died in 1828, leaving one daughter. His second marriage was with Margaret, daughter of John Houston, Esq., of Exeter, who bore him four children.


NATHANIEL APPLETON HAVEN.


Son of Hon. Nathaniel A. and Mary Tufton (Moffat) Haven ; born, Ports- mouth, January 14, 1790 ; Harvard College, 1807 ; admitted, 1811 ; practiced, Portsmouth ; died there, June 3, 1826.


Though Mr. Haven's health was delicate through most of his life, he was fitted for college at Phillips Exeter Academy at the age of thirteen, and graduated A. B. with honors when he was seventeen. The year following he was an assistant teacher at Exeter, and in 1809 relinquished the idea of preparing himself for the ministry, as he was early inclined. He began the study of the law under Jeremiah Mason in Portsmouth. Notwithstanding his precocious development and his ample patrimony, young Ha- ven possessed habits of systematic industry and self-improvement, and pursued a course of useful reading and study that reached far


428


DECEASED LAWYERS


beyond the ordinary limits of legal science. In 1815 he fulfilled a long-cherished design of making a tour in Europe.


On his return he set himself at work in his profession, not, how- ever, so much for its emoluments, which he did not need, as for a useful pursuit in life. He was the special attorney of the poor and the helpless. He showed in his legal practice, as in all else, his conscientious desire for justice, his thorough training, and his methodical professional habits.


His efforts for the improvement of his townsmen were many. He superintended a Sunday-school, which brought under instruc- tion great numbers of the ignorant and neglected youth of Ports- mouth ; he took deep interest in the common schools, did much to increase the usefulness of the Atheneum, and was one of the founders and president of a society of young men formed for the purpose of literary exercise and forensic debate.


In 1821 he assumed the editorial control of the " Portsmouth Journal," and conducted it for the succeeding four years. His high personal character, his literary culture, and his carefully formed opinions, gave it peculiar weight and influence. Two years he served as a representative in the General Court, where his qualifications as a legislator and his excellence as a public speaker made his services of great value.


After his death a volume of his literary remains was printed for private circulation by his family, in which his orations on pub- lic occasions, and specimens of his editorial writings, of his poems, and of his correspondence, were included.


Mr. Haven was married, January 8, 1816, to his cousin, Eliza Wentworth Haven of Portsmouth, and had several children, of whom two, daughters, long survived him.


CARLOS G. HAWTHORNE.


Son of Calvin and Rachel (Jackman) Hawthorne ; born, Hopkinton, Sep- tember 19, 1827 ; admitted, 1854 ; practiced, Hopkinton ; died there, March 10, 1892.


Up to the age of eighteen Mr. Hawthorne worked upon a farm. Two years later he qualified himself to teach a school in Concord. He finished his education at the Gilmanton Academy, and then spent about three years as an instructor in Granby, Massachusetts, and Chicago, Illinois. Meantime he had been reading law, and began to practice in Dubuque, Iowa, in 1854.


429


ALPHABETICALLY.


He remained in Iowa twelve years, engaged in law business and in real-estate transactions. While there he was two years assistant provost-marshal and four years attorney for the board of enrollment, performing the duties of Judge Advocate. In 1866 he returned to Hopkinton, and was in practice, a part of the time as partner of Herman W. Greene, to the time of his death. He was a prominent citizen and a well-known lawyer.


He was united in marriage, in March, 1850, to Frances P., daughter of Nichols S. Gilman of Gilmanton. They had one daughter.


ARCHIBALD MONROE HAYES.


Son of John and Abigail (Adams) Hayes ; born, New London, October 8, 1825 ; admitted, 1850 ; practiced, Pittsfield ; died, Hastings, Minnesota, Oc- tober 31, 1868.


The subject of this notice gained his earlier instruction at the academies in New London and in Lebanon, and Samuel Butter- field of Andover was his law tutor. He commenced practice in Pittsfield in 1851, remained there three years, and then emigrated to Hastings, Minnesota. He was well spoken of, and accounted a.good lawyer. In Minnesota he was appointed deputy provost- marshal for Dakota County, and served from 1863 to 1865, and also received the commission of paymaster in the army. From 1865 to the day of his death he was postmaster of Hastings. Ignatius Donnelly, who mentioned him by name in one of his books, described Mr. Hayes as " an honest man and a true friend."


He married Lois A. Sargent of New London, July 12, 1853, and left two daughters.


JOHN LORD HAYES, LL. D.


Son of Hon. William A. and Susan (Lord) Hayes ; born, South Berwick, Maine, April 13, 1812 ; Dartmouth College, 1831 ; admitted, 1835 ; practiced, Portsmouth ; died, Cambridge, Massachusetts, April 18, 1887.


Mr. Hayes was fitted for college at the South Berwick Acad- emy, and studied law in his father's office and a year at the Har- vard Law School. He practiced in Portsmouth from 1835 to 1841, and in the latter year was appointed clerk of the United States District Court for New Hampshire. That office he filled five years.


430


DECEASED LAWYERS


In 1846 he became general manager of the Katahdin Iron Works Company of Maine for three years ; then went to Wash- ington, District of Columbia, and there practiced his profession from 1851 to 1861, when he was made chief clerk in the United States Patent Office. After four years' service in that capacity he was appointed secretary of the National Association of Wool Manufacturers, and so continued through the remainder of his life. His office was in Boston, his home in Cambridge, Massa- chusetts.


He was a man of various learning and accomplishments. In college studies a superior scholar, he gave yet more time to botany and mineralogy. He became later an expert in the knowledge of textile fabrics, and was made a judge in group of wools and woolens at the Centennial Exposition of 1876, and president of the Tariff Commission of 1882. On these subjects he was the author of numerous publications.


Mr. Hayes was one of the earliest supporters of the Free Soil movement in this State. He promoted meetings, and made many addresses in its behalf, but was not himself an aspirant for office.


As a lawyer he was fairly successful, considering the variety of his occupations, and was retained in some causes of magnitude and importance in Washington. Throughout his life he was a busy worker. Aside from his regular vocation he was a student of many sciences, a contributor to the press, a lecturer on various topics. Among his latest literary works, prosecuted while suffer- ing with a painful malady, was the translation into English verse of several mediaval hymns, issued under the title of "Corolla Hymnorum Sacrorum."


His various publications on political, legal, and industrial sub- jects are said to number more than one hundred. He received his degree of LL. D. from Dartmouth College in 1878.


Mr. Hayes married, May 29, 1839, Caroline S., daughter of Alexander Ladd, Esq., of Portsmouth. They had two sons and three daughters.


431


ALPHABETICALLY.


JAMES W. HAZELTINE.


Born, Dracut, Massachusetts, 1798 ; admitted, 1815 ; practiced, Frances- town ; died there, September 29, 1849.


Mr. Hazeltine read law under Levi Woodbury of Francestown and Aaron F. Sawyer of Mont Vernon, and commenced practice in Francestown. There he divided his time between law and agriculture the residue of his life. He owned a large farm, and was skillful in the management of it. Never a studious man, he was, of course, not a learned lawyer, but he was quick and sprightly, and understood human nature, and hence was no mean opponent. He also had the advantage of a good personal appear- ance. His usual antagonist was Titus Brown, a much better lawyer, but slower, and with little of the facility and fun that characterized Hazeltine ; so that the latter, according to the tes- timony of one who knew them, was "able to hoe his row pretty well with Brown." Mr. Hazeltine was a peculiar man, and ap- parently had no ambition for public position or notice.


He was married in 1814 to Frances W., daughter of James Ray of Amherst, and had seven children.


HORACE LOVEJOY HAZELTON.


Son of Richard and Ruth (Durgin) Hazelton ; born, Sanbornton, November 21, 1808 ; practiced, Meredith and Gilford ; died, Hingham, Massachusetts, October 19, 1883.


Mr. Hazelton obtained his education at the Phillips Exeter Academy and at Dartmouth College, where, however, he only partially finished the regular course. He read law in the office of Stephen C. Lyford of Meredith, and there commenced prac- tice, about the year 1833. In that town and in Gilford he con- tinued to reside until 1847, his' office being in the village of Meredith Bridge. He held the position of bank commissioner in 1846.


He removed to Boston, Massachusetts, in 1847, and remained in practice there during the remainder of his active life. He received the appointment of commissioner for New Hampshire, and was much employed in that capacity. He was an excellent business lawyer, careful and accurate, and was probably little engaged in the courts.


432


DECEASED LAWYERS


His wife was Mary A., daughter of Daniel Tucker of Meredith Bridge, and a sister of the wife of Judge George Y. Sawyer, and he had two daughters.


MOSES KITTREDGE HAZELTON.


Son of David and Sarah (Colby) Hazelton ; born, Hebron, November 5, 1835 ; Dartmouth College, 1857 ; admitted, 1859 ; practiced, Bradford ; died, Memphis, Tennessee, August 3, 1863.


Mr. Hazelton's preparation for college was at the Kimball Union Academy in Plainfield, and his law study in the offices of J. Everett Sargent at Wentworth, and of John S. Wells at Exeter. 'On his admission he became a partner in practice with Mason W. Tappan at Bradford. Two years had scarcely passed when the attack on Fort Sumter excited and solidified the Union sentiment at the North. Mr. Tappan, the senior partner, a Re- publican of Free Soil antecedents, was commissioned colonel of the First New Hampshire Volunteers ; and Mr. Hazelton, a de- cided Democrat, enlisted therein, and was appointed paymaster of the regiment, and in that capacity proceeded to the front.


In June, 1861, he was made additional paymaster of the United States Army, and in September following began his duties with the armies in the field. His labors were arduous and highly responsible, and " he worked until he could work no longer." He died in the military hospital in Memphis, Ten- nessee.


He was never married.


DAVID HEALD.


Son of Oliver and Lydia (Spalding) Heald ; born, Temple, March 21, 1768 ; Dartmouth College, 1793 ; practiced, Temple and Washington ; died, Wash- ington, January 2, 1841.


Mr. Heald completed his professional studies in Northampton, Massachusetts, and was in practice in Temple as early as 1797, but remained there only two or three years before he decided to cast his lot in Washington. In the latter town he practiced for the rest of his life, - something over forty years. He held repeatedly positions of trust in the town, and was its represen- tative for twelve consecutive years, beginning in 1802. He is


433


ALPHABETICALLY.


reputed to have been a good scholar, and much interested in edu- cation. His practice was fair and honorable, he was modest and unobtrusive, his integrity was never questioned, and he had the friendship and esteem of his associates at the bar.


He was married, in 1810, to Phebe, daughter of Jacob Bur- bank of Washington, and had two daughters and a son.


WILLIAM TOWNSEND HEYDOCK.


Son of William and Abigail Eastman (Webster) Hadduck ; born, Franklin, April 4, 1798 ; Dartmouth College, 1819; practiced, Hanover and Con- cord ; died, Hanover, November 6, 1835.


Mr. Heydock (as he wrote his name) was a nephew of Daniel Webster, and had a good share of that intellectual force which belonged to the great orator's family. He studied law with his distinguished uncle, and being admitted in 1822, made a begin- ning in practice in Hanover. Two years later he removed to Concord, and lived there about five years, in which time he pre- pared and published, anonymously, the " New Hampshire Probate Directory," a work of real utility and value. His practice was probably not extensive, and having much facility with the pen, he next removed to Boston, and there edited a law journal called " The Jurisprudent." In 1831 he changed his residence to Lowell, Massachusetts, until his death, which took place while he was on a visit to Hanover, the home of his brother, Professor Charles B. Haddock.


He was well read in his profession, but seems not to have been of a practical turn. He was ambitious to have a large " docket," and entered and continued a great number of actions that brought him no returns for his services and disbursements. He was bet- ter fitted to be a law writer, or special practitioner, than for the varied labors of a country attorney.


Mr. Heydock's wife was Jane Eliza, daughter of Mills Olcott of Hanover. They were married in 1823.


WILLIAM HEYWOOD.


Born, Lunenburg, Vermont, October 6, 1804 ; admitted, 1831 ; practiced, Lancaster ; died there, April 22, 1893.


Vermont has furnished New Hampshire with a goodly propor tion of her lawyers of prominence, especially along the line of the 28


434


DECEASED LAWYERS


Connecticut. Mr. Heywood obtained his early education at the Concord Academy in Vermont, and studied law with Charles Davis of Waterford and Danville in that State, and with William A. Fletcher of Detroit, Michigan. He was admitted in Guildhall, Vermont, and lived there, practicing in the courts of both States, till he came to New Hampshire to reside, in 1856. He was a member of the Vermont Senate in 1837 and 1838, and of the constitutional convention of 1850, and state's attorney for Essex County for fifteen years.


He removed his home to Lancaster in 1856, and still continued to practice in both States, his record in the judicial reports being at his decease unprecedented, extending from the eighth volume of the Vermont Reports a period of fifty-one years, and in those of this State from the thirteenth volume to the sixty-third. Mr. Heywood's profession was his engrossing interest. He had his fixed political opinions, and was never behind in his knowledge of current events, but all else was secondary to his legal duties. Like Rufus Choate, he cared less for his fees than for success in his cases.


He was a quiet, undemonstrative man, of few words, but of matured opinions, based upon sound sense and careful reflection. He was hasty in temper, but bore no malice. He was engaged in trials and hearings almost to the last day of his long life. His style of speech was brief, but his words were pregnant with mean- ing. His manner was grave almost to solemnity, save for an occasional flash of humor, which came as a surprise, to light up his discourse. His countenance, however, retained its fixed, sober expression, reminding one of the sombre lineaments of the "great stone face " of the Profile Mountain.


He won and ever retained the unqualified respect of the bar and the community by his undoubted ability, his long and honor- able legal career, and his unchallenged high moral and religious standing. At his decease he was the eldest practicing counselor in the State, and had been the president of the Grafton and Coos Bar Association since its formation in 1882.


His wife was Susan, daughter of Hon. David Hibbard of Con- cord, Vermont. They had a daughter and three sons, one a lawyer.


435


ALPHABETICALLY.


HARRY HIBBARD.


Son of David and Susanna (Streeter) Hibbard ; born, Concord, Vermont, July 1, 1816 ; Dartmouth College, 1835 ; practiced, Bath ; died there, July 28, 1872.


Mr. Hibbard read law with Isaac Fletcher of Lyndon, Ver- mont, and with Jared W. Williams of Lancaster. He began practice in Bath in 1839. He distinguished himself early. In the case of State v. Comings, indicted for the murder of his wife, Mr. Hibbard, though only twenty-eight years of age, was intrusted, in the absence of the attorney-general, with the responsi- bility of conducting the prosecution through all its stages. Com- ings was defended by Leonard Wilcox and Josiah Quincy, keen and strong counsel, and the trial in the Superior Court occupied about three weeks. Mr. Hibbard was senior counsel for the State, made the closing argument to the jury, and secured the conviction of the prisoner. His success gave him a sort of patent of precedence in the bar from that day.


He entered young into the political arena. His first introduc- tion to the platform is said to have occurred in this wise. He attended a political meeting on one occasion, and with fortunate foresight prepared himself beforehand with a speech, although his chances of being called upon were infinitesimally small. But the unexpected happened ; there was a dearth of orators, and the committee were in a strait for a speaker. Mr. Hibbard let it be known that he was ready, was eagerly invited, and made the audi- ence so good a harangue that his political fortune was secured. His promotion was rapid. Assistant clerk and clerk of the House from 1839 to 1843, he was a representative and Speaker in 1844 and 1845 ; a state senator the next three years, and president of the Senate two; and from 1849 to 1855 a representative in Con- gress. He had no desire for further political honors, and is said to have declined a high foreign appointment offered him by his friend, President Pierce.


His taste inclined him to literature, and he wrote in his earlier life for the periodical press. Some of his poetical effusions appeared in the " Democratic Review," and one, a descriptive poem entitled the " Franconia Mountain Notch," was especially admired. He was an accomplished and genial man, full of pleas-


436


DECEASED LAWYERS


ant humor, and a most entertaining companion. He could even make a joke of a political reverse. When his party failed, on one occasion, to maintain their accustomed ascendancy, a political opponent jestingly inquired, " How is Democracy now ?" " Look- ing up," replied Hibbard, " as every one must be when flat on his back."


He was a thorough lawyer, of quick and keen discrimination, earnest and honest, and with peculiar qualifications for managing jury trials. His treatment of witnesses was especially skillful, and his power of argument felicitous. Much to the regret of all parties, an appointment to the bench of the Supreme Court, offered him in 1871, his health compelled him to decline.


He married, May 13, 1848, Mrs. Sarah King Bellows, daughter of Hon. Salma Hale of Keene. They had no children.


FRANK HILAND.


Born, Langdon, October 10, 1842 ; Dartmouth College, 1869 ; practiced, Manchester ; died there, November 25, 1878.


Mr. Hiland was fitted for college at the academy in New Lon- don. His law studies he pursued with Morrison and Stanley at Manchester, and upon their completion in 1872 he was admitted a partner in that firm. His talents were brilliant, his habits were studious, and one who practiced beside him says that " he never knew a young man of his age who could try a case as he could." He was universally popular, a member of several social organiza- tions, and was elected a representative in the legislature in 1874 and 1875, and in the latter year was the candidate of the minority party for Speaker. About that time his habits became dissipated to such an extent that he was for a while secluded in an asylum, and although partially restored to himself, he never entirely mas- tered the easily besetting propensity for strong drink which proved his ruin.


P


a


CHARLES FREEMAN HILL.


Son of Jeremiah and - (Libbey) Hill ; born, Limerick, Maine, June, 1822 ; admitted, c. 1845 ; practiced, Wolfeborough ; died, Newark, New Jer- sey, February 12, 1889.


This gentleman was educated at Limerick Academy, and stud- ied his profession with his uncle, Joshua Hill, at Bangor, Maine.


hi


0


437


ALPHABETICALLY.


There he was admitted to the bar. He practiced at Searsport in the same State until 1851, when he came to Wolfeborough. In the fourteen years of his residence there " he acquired a lucrative practice, and was a leading member of the Carroll County bar." He was, in the opinion of Joel Eastman, a strong advocate, and in point of ability and professional and personal character was of high standing. For some years he was postmaster of Wolfe- borough.


In 1865 he left New Hampshire and removed to Newark, New Jersey, where he had a son established in the law. There he re- sumed practice, and ended his days.


He married, in 1848, Lavinia Parker, at Newmarket. They had three children.


DAVID HAMMONDS HILL.


Son of Oliver and Lucinda (Hammonds) Hill ; born, North Berwick, Maine, December 12, 1833 ; admitted, 1865 ; practiced, Sandwich ; died there, No- vember 25, 1889.


Mr. Hill's ancestors were of the denomination of Friends. He prepared himself to enter college, at the academy in Wolfebor- ough, but by reason of ill health was not able to continue his studies. For several years he was a successful teacher of schools in three of the New England States. He then devoted his atten- tion to the study of the law, in the office of Wheeler and Hall in Dover, and afterwards in the Harvard Law School.


He began to practice in Centre Sandwich in 1865. In 1870 and 1871 he was a representative in the legislature, and was placed upon the Committee on the Judiciary. He also served some years as selectman and treasurer of Sandwich. In 1880 he was appointed Judge of Probate for the county of Carroll, a position suited to his inclination, and for which he possessed abundant qualifications.


Judge Hill was universally held in high esteem. He was a well-read lawyer, a man of sagacity and independent views, and of high personal character. He was successful in his practice at the bar, and as a judge showed in more than one instance that his judicial powers were of a superior order.


He was distinguished by many engaging personal qualities, by his genial companionship and kindness of heart. His literary


438


DECEASED LAWYERS


accomplishments were notable; he was familiar with the poets, and was himself no mean versifier. He contributed to the " His- tory of Carroll County " a chapter on the courts and lawyers, which showed much investigation and appreciation of character.


He married, June 4, 1865, Mary, daughter of William E. Moulton of Parsonsfield, Maine, and left a son and a daughter.




Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.