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 44

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 44


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He had decided political views, but no political aspirations beyond that of serving his townsmen as their representative in. the General Court, which he did in the years 1829, 1830, 1831, and 1838. He was a religious man, and it was said of him that " neither his benevolence nor his public spirit was ever appealed to in vain."


He married, July 6, 1810, Abigail A., daughter of Nathaniel Jarvis of Cambridge, Massachusetts, by whom he had four sons and four daughters. Two of each, with their mother, sur- vived him.


PETER LIVIUS.


Son of Peter Lewis Livius ; born, Bedford, England, 1727 ; died, Bright- helmstone, England, July 23, 1795.


This gentleman, though not a practicing lawyer, was a Judge of the provincial Court of Common Pleas for several years, up to the year 1771, and so is entitled to notice here. He emigrated to Portsmouth in 1763, and three years later took his seat in the council. Not being reappointed Judge in 1771, on the division of the province into counties, he proceeded to England, and laid before the Board of Trade a complaint against Governor John Wentworth and the council for mal-administration. Eventually his complaint was dismissed, and Livius was made Chief Justice of Canada.


In 1775, after the failure of Montgomery's assault on Quebec, he was instrumental in procuring Captain Henry Dearborn's re- lease from prison upon parole. In 1777 he sent a letter through the lines to General John Sullivan, urging him to abandon the American cause and become reconciled to the British govern- ment.


When he came to this country he had so little knowledge of it that he brought with him an extra set of wheels for his coach, in the idea that none could be manufactured by American workmen.


He was a man of property, shrewd and able, and well educated.


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Harvard College gave him the honorary degree of A. M. in 1767, and he is described on the catalogue as a Fellow of the Royal Society.


His wife was Anna Elizabeth, daughter of John Tufton Mason.


SAMUEL PIERSE LONG.


Son of Hon. George and Mercy (Hart) Long ; born, Portsmouth, January 6, 1797 ; Harvard College, 1819; admitted, 1822 ; practiced, Portsmouth ; died, Boston, Massachusetts, April 24, 1879.


This was a grandson of Colonel Pierse Long of Revolutionary fame. He studied law in Portsmouth with John Pitman and with Jeremiah Mason. Taking an office in Portsmouth, he spent six years in distasteful practice, for his heart was not in the law, but in art and literature. Then, by the advice of Washington Allston, he bade farewell to Coke and Blackstone, and resolved to become a painter. He passed between three and four years in Europe engaged in the study and practice of his art. While abroad he produced some pictures of admitted merit, but he was not satisfied with them, for he could never realize his ideal.


He delivered several courses of lectures on painting and kindred topics to appreciative audiences in Boston, Philadelphia, and elsewhere, and published a volume on the principles of art, which elicited much commendation. He was a graceful writer, and in social life won friends by his genuine kindness, his culture, and his genial humor.


He married, in 1851, Hannah W., daughter of Isaac Lyman, formerly of Portsmouth, who survived him. They had no chil- dren.


JOHN PERKINS LORD.


Son of General John and Mehitable (Perkins) Lord ; born, South Berwick, Maine, June 29, 1786; Harvard College, 1805 ; admitted, 1808 ; practiced, Portsmouth ; died, South Berwick, Maine, December 5, 1877.


Mr. Lord had his legal training in the office of Jeremiah Mason of Portsmouth, and settled in that town in 1808. After a time he engaged . in mercantile pursuits, and about the year 1820 removed to South Berwick, Maine. There he became a very use- ful and prominent citizen, serving for many years as an officer of


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the town and as representative in the legislature, and being for over half a century secretary of the trustees of the academy. He was the compiler of a useful handbook, the " Maine Townsman," of which the first edition was issued in 1844.


About 1845 he became an officer in the custom house in Bos- ton, Massachusetts, and continued there some years. Mr. Lord lived to the age of ninety-three years, and retained his intellectual faculties till near the close of his life. He was a public-spirited, worthy, and much-respected gentleman.


His first wife was Sophia, daughter of Colonel Eliphalet Ladd of Portsmouth ; his second was Sarah Noble of South Berwick, Maine ; and he was the father of nineteen children.


SAMUEL DEARBORN LORD.


Son of Edward D. and Betsey (Osgood) Lord ; born, Epsom, April 30, 1826 ; Dartmouth College, 1850 ; admitted, 1852 ; practiced, Manchester ; died there, February 23, 1890.


Mr. Lord divided his term of legal study between Manchester in the office of Daniel Clark, Boston, Massachusetts, and Rhine- beck, New York. He was admitted to the bar in New York city, and began to practice in Manchester in the summer of 1853.


He was city solicitor from 1855 to 1857; assistant clerk of the New Hampshire House of Representatives in 1860 and 1861, and principal clerk in 1862, 1863, and 1865 ; clerk for various con- gressional committees in Washington, District of Columbia, from 1866 to 1875; representative in the legislature in 1857, 1869, 1870, and 1889 ; and a member of the city school board in 1855 and 1856, and from 1882 to 1889.


He was held in much esteem for his pleasant disposition, and showed tact, ability, and judgment in the conduct of the variety of affairs that he undertook. Though a good lawyer, he scattered his time and attention too much to become a learned one. In the latter part of his life he became somewhat noted for his studies and writings upon meteorology and kindred subjects, and pub- lished several papers and addresses thereon. He was a member of the New England Meteorological Society.


He was joined in marriage, August 9, 1852, to Mary Agnes, daughter of Francis A. Calvert of Lowell, Massachusetts, and had two daughters, one of whom survived him.


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ALDIS LOVELL.


Son of Elijah and Abigail G. Lovell ; born, Rockingham, Vermont, August 2, 1789 ; admitted, 1820; practiced, Walpole and Alstead ; died, Alstead, March 12, 1866.


After laboring upon his father's farm till manhood, Mr. Lovell, at Chester, Vermont, and at Newmarket, prepared himself for entrance to college, and then studied law with Daniel Kellogg of Saxton's River, Vermont, in which State he was admitted. He began practice in his native town, but soon removed to Drewsville in Walpole, and there, and subsequently in Alstead, remained the rest of his life. He was solicitor of Cheshire County from 1840 to 1850, -"an honest lawyer and untiring in the pursuit of jus- tice." He was eminently social, fond of a good story, and could tell one well. Judge Gilchrist used to invite him to his room, in order to hear his amusing recitals and quaint imitations.


He tried causes to the jury, sometimes in an original fashion. Once, in replying to an argument of James Wilson, he began : " Mr. Wilson has had a good deal to say about law ; lay the law aside, and do justice for once !" In another trial one of the adverse witnesses was found to be clad in respectable garments for that occasion only. Lovell referred to him as "the bird in borrowed plumage."


His wife was Martha, daughter of Paul Willard of Lancaster, Massachusetts. They had five children.


BOLIVAR LOVELL.


Son of Aldis and Martha (Willard) Lovell ; born, Walpole, August 30, 1826 ; admitted, 1869 ; practiced, Alstead and Walpole ; died, Walpole, June 9, 1893.


Until sixteen years of age Mr. Lovell lived, and attended the schools, at Drewsville in Walpole; then he became a clerk in a mercantile house in Providence, Rhode Island, for three years. In 1845 he began to study law in his father's, office. When he reached his majority he was appointed a deputy sheriff ; in 1855 he was promoted to the office of sheriff of Cheshire County, and acted as such ten years. In 1862 he was made United States assessor of internal revenue, and served about eight years. In


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1869, on his admission to the bar, he began practice in Alstead. He was elected to the Executive Council in 1873 and 1874, and subsequently was a member of the state board of equalization. About the year 1882 he returned to Drewsville in Walpole, where his death occurred.


He was a man of good business capacity, and had the public confidence.


WARREN LOVELL.


Born, Rockingham, Vermont, December 3, 1802 ; admitted, 1825 ; prac- ticed, Wentworth, Meredith, and Laconia ; died, Gilford, August 18, 1875.


The education of Mr. Lovell was acquired at the Chester Acad- emy, and in the law office of Daniel Kellogg of Brattleborough in Vermont. He started in practice in Wentworth in 1825, and a year later removed to Meredith village. He was a representa- tive in the legislature six years between 1828 and 1839, and state senator in 1833 and 1834. In 1835 he was appointed solicitor of Strafford County, in 1839 Judge of Probate, and from 1841 to 1872 he was Judge of Probate for the newly constituted county of Belknap. He held various other places of trust, public and private, during the later portion of his life.


He was a safe, clear-headed lawyer, and a popular and useful Judge of Probate. He made no great display, but was a prudent, calculating man, fortunate in his investments, and amassed a large property.


In 1831 he was married to Susan Badger of Meredith, who bore him two daughters.


OLIVER WOODBURY LULL.


Son of Moses and Lucinda (Caldwell) Lull ; born, Weare, January 14, 1826 ; admitted, 1851 ; practiced, Milford ; died near Port Hudson, Louisi- ana, May 27, 1863.


In the schools of Weare and the high school of Manchester, young Lull was instructed, and then became a teacher for a while. Studying for his profession with Train and Estey in Framingham, Massachusetts, and with David Cross of Manchester, he was ad- mitted in Hillsborough County, and went into practice at Milford. He had good abilities, honesty, independence, resolution, and persevering industry, and was building up a valuable practice


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when the great Rebellion broke out. He had manifested a liking for military exercises, and his outspoken patriotism and deter- mined character led to his appointment in October, 1861, as lieutenant-colonel of the Eighth Regiment of New Hampshire Volunteers.


He devoted himself to disciplining and fitting the regiment for the field, and accompanied them to the Southern Department, sharing all their hardships and conflicts. At the time of the assault on Port Hudson, he was serving on the staff of General Emery, and the colonel of his regiment was in command of a brigade. Lieutenant-Colonel Lull, however, voluntarily gave up his staff detail in order to be with his regiment in what he knew to be a most perilous duty. He was shot down at the head of his command, while leading and cheering on his men, and breathed his last expressing his thankfulness that his death was in the defense of his country.


His wife was Mary A., granddaughter of General Stephen Hoyt, and he left one daughter.


CHARLES CARROLL LUND.


Son of Joseph S. and Mary (Swett) Lund ; born, Concord, December 9, 1832 ; Dartmouth College, 1855 ; admitted, 1857 ; practiced, Concord ; died there, December 4, 1880.


The law was not the principal profession of Mr. Lund. He had been a student of civil engineering before he entered college. He prepared himself for the bar with Asa Fowler at Concord, and with Sanborn and French at St. Paul, Minnesota, where he was admitted and resided until 1864. He then returned to Con- cord and continued in law practice for five years, after which he gave his entire attention to civil engineering. He was engaged in numerous railroad surveys in this State and in the West, and in the construction of water-works and systems of sewerage for cities, and at the time of his death was engineer of Concord and a trustee of its public library. He was representative in the leg- islature in 1878 and 1879, and was chairman of the important committee on railroads. He was highly esteemed both in his pro- fessional and his personal character.


He married Lydia, daughter of Captain Theodore French of Concord, June 17, 1860, and was the father of two sons.


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STEPHEN CARR LYFORD.


Son of Stephen and Sarah (Lamper) Lyford ; born, Brookfield, 1787 ; admitted, 1815 ; practiced, Meredith and Laconia ; died, Vineland, New Jer- sey, December 9, 1869.


Mr. Lyford is said to have entered Dartmouth College at advanced standing, though the catalogue indicates that he was not a graduate. He studied law with William Sawyer of Wakefield, and chose Meredith for his place of settlement. There he re- mained for nearly fifty years, the village of Meredith Bridge, where his place of business was, having in the mean time been incorporated into the new town of Laconia.


He was an active, stirring, sanguine man, and a lawyer of prominence. He acquired a large practice, and, realizing the value of books to a lawyer, became the owner of an excellent pro- fessional library. Many suits of importance came under his charge, and were faithfully and ably conducted. He made the most of his cases on their own merits, but had little of the arts of finesse and wily management. John M. Shirley, who knew his reputation well, characterized him as " the old real-estate lawyer," on account of his familiarity with that branch of jurisprudence.


He was of an impulsive temperament, and longed for something beyond the routine of his daily business. He at length engaged in manufacturing and the purchase of real estate, which in the end involved him in litigation and proved unprofitable.


In 1863 he removed with his family to Vineland, New Jersey, where his death occurred six years later.


He married, in 1837, Emily Hayward of Orono, Maine. They had five children, of whom one only, a daughter, survives.


ISAAC LYMAN.


Son of Dr. Job and Abigail (Moulton) Lyman ; born, York, Maine, October 29, 1775 ; admitted, 1800 ; practiced, Portsmouth ; died, York, Maine, 1824.


Mr. Lyman was a student in the Phillips Exeter Academy in 1796, and read law with Jeremiah Mason of Portsmouth, in which place he entered into practice in 1807. He was secretary of the bar association of Rockingham County in 1809. It was probably within a year after this date that he quitted New Hampshire and


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returned to his native town in Maine, where he passed the rest of his life, devoting much of his time to the cultivation of his farm, though perhaps never absolutely abandoning the law.


He married, in 1806, Lucretia, daughter of Judge John Picker- ing of Portsmouth. She, with children, outlived him.


MILON CRAIG MCCLURE.


Son of Samuel and Anna (Nurse) McClure ; born, Acworth, January 7, 1819 ; Dartmouth College, 1846 ; admitted, 1849; practiced, Claremont ; died there, September 1, 1860.


Mr. McClure was fitted for college at the Kimball Union Acad- emy in Plainfield, and after leaving Dartmouth was employed two years as preceptor of the academy at Claremont. During that time and subsequently he was studying law with Philander C. Freeman, with whom, upon his admission to practice, he entered into a partnership which continued during the life of the younger man. Mr. McClure was chosen a councilor in 1855 and 1856, and to a seat in the House of Representatives from Clare- mont, the two years next succeeding. He was a modest, reserved man, but an able and faithful lawyer and servant of the public. It was said of him with justice that " his accurate knowledge of the law always commanded the attention of the Court, while his uniform courtesy won for him the esteem and confidence of his professional brethren."


He was unmarried.


ALONZO McCRILLIS.


Son of David and Sally McCrillis ; born, Sandwich, April, 1820 ; admitted, 1846 ; practiced, Somersworth ; died, Berwick, Maine, September 18, 1855.


While Alonzo McCrillis was young his parents moved to Great Falls Village in Somersworth, and there as a lad he worked in the factory and attended the public schools. As he grew to- ward manhood, he became a teacher, and at length entered the Wesleyan University at Middletown, Connecticut, but did not graduate. He studied law in the office of Ichabod G. Jordan of Somersworth, and became his partner. His career at the bar covered only the space of about nine years, but in that time he furnished abundant evidence of his abilities, his legal learning,


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and his steady application. His health appeared always to be slender, but never perceptibly interfered with the due perform- ance of his work.


His death was the result of an accident which occurred while he was on his way to attend a town meeting in Berwick, Maine, where he resided. His wife, Lizzie McCrillis, survived him.


JOHN MCFARLAND.


Son of Daniel and Martha (Steele) McFarland ; born, Antrim, 1788 ; admitted, 1815 ; practiced, Hillsborough ; died there, July, 1819.


This gentleman was of Scotch-Irish descent, his father exhibit- ing much of the shrewd wit which characterized that stock in his generation. The son, having availed himself of the educational facilities to be found in a country village at that day, accom- plished the study of the law in the offices of David Starrett and of John Burnham of Hillsborough, and settled in practice in the upper village of that town in 1815. He has been described as a " homespun " man, as was perhaps to be expected from his lim- ited advantages ; but he had never the opportunity to show the extent of his capacity, for in four years after his admission he became a victim of consumption.


He was unmarried.


ISAAC McGAW.


Son of Jacob and Margaret (Orr) McGaw ; born, Bedford, May 25, 1785 ; Dartmouth College, 1807 ; practiced, Bedford and Windham ; died, Merri- mac, November 6, 1863.


It was with Thomas Jameson of Goffstown and Jacob McGaw of Bangor, Maine, that Mr. McGaw pursued his legal studies, and about the year 1811 he opened his office for practice in Bed- ford. After seven years there he moved to Windham, and was the second and last lawyer in that town. He was clerk of Wind- ham nineteen years, and representative in the legislature nine years, beginning in 1829 and ending in 1847. He was an excel- lent representative of the Scotch-Irish character, and was full of anecdotes of the people of that stock, which he related in admira- ble imitation of their brogue. He was a genial man, and had the general regard of his townsmen, but they had little business to


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give him, and in his later life he removed to Merrimac and lived with his eldest daughter, the wife of Edward P. Parker.


He married, January 10, 1822, Eliza, daughter of Samuel Armour of Windham. They had one son and four daughters.


JAMES McMURPHY.


Son of James and Sarah (Critchet) McMurphy ; born, Epsom, November 7, 1821 ; practiced, Epping ; died there, November 2, 1854.


At the age of thirteen young McMurphy was placed in a print- ing-office, and after working-hours gave his time to study. He learned Latin, French, and the higher mathematics at a college in Kingston, Canada, and subsequently taught a school in Notting- ham. Having an ambition to become a lawyer, he took advantage of a statute of the State passed in 1842, to be sworn as an attor- ney, upon evidence of good moral character and without any proof of qualification by study. He had, in fact, read law for a time in the office of Enoch Bartlett of Epping, whose partner in practice he became about 1844. He showed much ability, indus- try, and aptitude for his calling, and was favorably regarded by the regular members of the profession, who some time before his decease formally admitted him to the bar with the approbation of all. He secured a good practice, which he managed skillfully and honorably.


In 1854 he represented Epping in the General Court.


He married Caroline F., daughter of Israel Norris of Epping, in 1845, and left two sons and three daughters.


JAMES McQUESTEN.


Son of James McQuesten ; born, Bedford, 1810; admitted, c. 1847; prac- ticed, Plymouth ; died, Chicago, Illinois, May 28, 1875.


Orphaned in infancy, the subject of this sketch was care- fully brought up by his uncle and guardian, Deacon John Mc- Questen. He attended school in Hanover, and was bred to mercantile life in Concord, and in Boston, Massachusetts. In 1837 be settled in Plymouth. By reason of the failure of his health, he retired early from active business, and fitted himself for the practice of the law. He pursued it with success for a quarter of a century, giving his attention largely, if not mainly, to mat-


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ters of probate. He was the legal guardian of thirty children, in the course of his life, and performed his duties to them with fidelity, and with almost parental care and counsel. He was highly respected, and accumulated a large estate.


He married a daughter of Captain John Page of Wentworth. Of their four children, only one was living at his decease.


JOHN SULLIVAN MARCY.


Son of Alvin and Polly (Bunce) Marcy ; born, Woodstock, Vermont, March 9, 1799 ; practiced, Walpole ; died, Green Island, New York, May 11, 1882.


Mr. Marcy probably obtained his education in Windsor, Ver- mont, and was not a college graduate. He read law in that town with Asa Aiken, and commenced practice in Walpole about 1829. He stayed there two years or thereabouts, and then re- turned to Vermont, first at Hartland, for about six years, then at Royalton, where he remained nearly thirty years, and concluded his practice in Windsor. In the year 1874 he took up his resi- dence with his son, H. S. Marcy, at Green Island, New York.


He had the reputation of being a good lawyer, and stood well in his profession. His stay in New Hampshire was too brief to allow him to become widely known here. In the county of Wind- sor, Vermont, he filled the office of associate judge; and he was for a number of years a member of the state legislature. He was no money-getter, and is said throughout his long life of labor to have been in moderate circumstances.


His wife was Rebecca Hubbard, daughter of Hon. Roger Vose of Walpole. They had eight children, of whom four still live.


ANSON SOUTHARD MARSHALL.


Son of Micajah and Martha (Southard) Marshall ; born, Lyme, December 3, 1822 ; Dartmouth College, 1848 ; admitted, 1852 ; practiced, Concord ; died there, July 5, 1874.


Mr. Marshall prepared himself to enter college, after he was twenty, at the academy in Thetford, Vermont, in eighteen months. After leaving college he employed himself for two years or more in teaching a school in Fitchburg, Massachusetts, at the same time reading law under the direction of Messrs. Wood and Torrey of that place. In 1851 he came to Concord, and entered the office of Messrs. Pierce and Minot as a student.


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He first formed a partnership in the law with Henry P. Rolfe, which continued six or seven years; and at a later date with William M. Chase, which lasted during Mr. Marshall's life. He manifested an interest in political affairs, though not enough to interfere with his professional pursuits. He served as assistant clerk of the House of Representatives in 1854, and received, in 1858, the commission of United States District Attorney for New Hampshire, which he held till the incoming of the next admin- istration. He also acted as chairman of the Democratic state committee in 1867.


He was fond of the contests of his profession, though he was not studious of the law, and liked the hard work of preparation to be done to his hand. He showed his power in the examina- tion of refractory witnesses, and in making appeals to the jury. In the conduct of a trial he had a quick, incisive, telling style, that "kept things lively," and always attracted an audience. At the time of his death he was in the enjoyment of a large and profitable practice.


Mr. Marshall was a popular man and a public-spirited citizen. He was frank and generous, ready with a pleasant greeting for every one, and interested in all that concerned the community in which he lived. He bore an active share in the railroad contro- versies of central New Hampshire, and was for several of his later years clerk of the Concord Railroad.


His sudden death was the result of a wound accidentally in- flicted by a rifle-ball shot at a target, and by some obstacle de- flected from its course.


His wife was Mary J. Corning of Concord. Their only son is now a practicing lawyer.


WILLIAM (PITT) MARSHALL.


Son of Hon. Samuel and Hannah (Brown) Marshall ; born, Derry, May 24, 1837 ; Dartmouth College, 1859 ; admitted, 1862 (?) ; practiced, Derry ; died, City Point, Virginia, March 29, 1865.


At the Pinkerton Academy in Derry, and at the Chandler Scientific School of Dartmouth College, young Marshall was edu- cated, and in the office of Clark and Smith of Manchester he prepared himself for entering the bar. He was for a while a school teacher in Derry, and then associated himself there with 32




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