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 50
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Mr. Patterson continued to live in Bath for almost sixty years. From his long experience as an officer of the town he became thoroughly familiar with all its affairs, and was looked up to as an authority therein. His standing in his profession was deserv- edly high ; he was a well-read, accurate lawyer, of entire integrity and sound judgment. He was one of the examining committee of the bar of his county ; and his genial humor and extraordinary memory and power of imitation made him an interesting and agreeable companion.
He died among his kindred in Piermont, in the house where he first saw the light.
ELISHA PAYNE.
Son of Elisha Payne ; born, Canterbury, Connecticut, February, 1731 ; prac- ticed, Cardigan (now Orange) and Lebanon ; died, Lebanon, July 20, 1807.
The father of Mr. Payne was a lawyer by profession, who became a preacher in later life, gave his son a careful educa- tion, and took the direction of his legal studies. The son prac- ticed in Canterbury, in Plainfield, Connecticut, and represented the latter place in the legislature. He came to New Hampshire as one of the five original settlers of Cardigan, now Orange, and in August, 1775, was commissioned a lieutenant-colonel in the militia. In January, 1776, he was chosen an assistant Justice of the Court of Common Pleas, and register of Probate for Grafton County.
When the " Vermont Controversy" was pending in 1778, he was chosen a representative in the legislature of that State ; and in 1781 he was again elected to the same position from Lebanon, of which he had in 1780 become a resident. . He was commis- sioned Chief Justice, and appointed lieutenant-governor of Ver- mont, and major-general of her militia. But the New Hampshire towns that adhered to Vermont were on each occasion " left out in the cold " after a brief welcome, and his honors were but short- lived.
His temporary allegiance to Vermont appears, however, not to have alienated his friends in New Hampshire. In 1786 and 1787 he held a seat in the state Senate, and in 1788 he was a delegate
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to the convention to pass upon the Federal Constitution. In 1791 he was a member of the constitutional convention of the State. He was also a representative of Lebanon in the legisla- tures of 1784, 1785, 1790, 1793, 1796, 1797, and 1800.
He was a man of many employments, among which the practice of his profession took, probably, but a small part of his time, especially after the admission of his son to practice. Dartmouth College gave him the honorary degree of A. M. in 1779.
He was married at the age of twenty-two to Anna Waldo, in Connecticut. She died in 1760, leaving three daughters, and he took for his second wife Elizabeth Spaulding of Plainfield in the same State. The elder of her two sons was a lawyer.
ELISHA PAYNE, JR.
Son of Colonel Elisha and Elizabeth (Spaulding) Payne ; born, Plainfield, Connecticut, March 24, 1763 ; Dartmouth College, 1784 ; practiced, Lebanon ; died there, May 20, 1808.
Little is known of the history of this son and namesake of an educated lawyer, and a stirring man of affairs. He was gradu- ated from Dartmouth College in 1784, and studied the law, prob- ably under his father's direction, establishing himself in Lebanon, his father's home. He is said also to have been a teacher at Shel- ter Island, New York, but when, and for how long, has not been ascertained. From ill health he did not practice his profession to any great extent, but is said to have been a man of character and ability.
His wife was Lydia Collins of Mansfield, Connecticut.
MOSES PAUL PAYSON.
Son of Moses Paul and Deborah (Gage) Payson ; born, Rowley, Massachu- setts, December 9, 1770 ; Dartmouth College, 1793 ; died, Bath, October 30, 1828.
Mr. Payson studied his profession in the office of Alden Sprague of Haverhill, and, after being admitted to the bar, pro- ceeded to the district of Maine, with a view of settling in practice there. But in 1798 he came to Bath, and there fixed his abode. His only property at that time consisted of his horse, a few law books, his professional sign, and one dollar in money. The
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money he offered to the blacksmith who shod his horse, but the smith declined to take it.
The young lawyer had what was better than much money, - an astonishing aptitude for the acquisition of property, not only from his profession, but by agriculture and by dealing in mer- chandise of every description. Mr. Patterson, his townsman, said he seemed to possess the power of Fortunatus, - purchased farms, kept stock, loaned money, dealt in produce, and there was scarcely anything that came amiss to him in the way of trade. At the same time he was acquiring money by attention and diligence in his profession.
The elder Judge Jeremiah Smith said of Mr. Payson that "he was the most ready man in the Grafton bar. No sooner was an action called in a contested case in which he was engaged, than he was on his feet reading his writ to the jury." He acquired a large and successful practice, and possessed a sufficient share of the learning of his profession, though he was not reckoned as a specially erudite or studious lawyer.
He was an excellent citizen, and had many qualities to win pop- ularity. His character was unimpeachable, he was polite and affable to all, and an entertaining companion. His fellow-citizens sent him repeatedly as representative to the legislature, and also as state senator for eight years, the last three of which he was chosen president of the Senate. He was moderator of the annual meetings of the town for nearly twenty years; was often in the Speaker's chair while a representative ; and distinguished himself especially as president of a convention held at Windsor, Vermont, in 1825, to devise improved facilities for marketing the produce of the country. Here, in a body without rules or regulations, his readiness and tact, his knowledge of human nature, and his power of control had an unequaled field for their exercise, and were long remembered by those present.
Mr. Payson is described as a perfect model of a gentleman, and as having in his air something which inspired awe, and imposed a certain degree of restraint on others in his presence. Esteemed and honored, he employed his time in the later years of his life in looking after his farming and his stock, and in managing the affairs of the Grafton Bank, of which he was the president. He made also some writs for the collection of debts, and assisted in preparing a few causes for trial. In his family relations he was
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peculiarly happy, though sickness often visited his fine dwelling ; and his hospitality, especially towards the clergy, was such that his house went by the name of " the ministers' tavern."
Mr. Payson married Hannah Perley of Haverhill, Massachu- setts, and left several children. His only son, bearing his name, studied his father's profession, and one of his daughters became the wife of Jonathan Smith, a lawyer of Bath.
MOSES PAUL PAYSON, JR.
Son of Moses P. and Hannah (Perley) Payson ; born, Bath, 1807 ; Dart- mouth College, 1829 ; admitted, 1832 ; practiced, Bath ; died, New York city, March 9, 1854.
Mr. Payson the younger served his apprenticeship to the law in the office of Joseph Bell of Haverhill, and commenced practice in Bath in 1832. He was by no means without abilities, but he lacked application and economy, and after remaining about five years in Bath he went to New York city, and for a time obtained some employment in the criminal courts there. At one period of his life he was practicing in Boston, Massachusetts, at another he spent several years in New Orleans, Louisiana. He had in- herited from his father a handsome property for that time, but at length dissipated it, and fell into habits of intemperance, which led to consumption.
OLIVER PEABODY.
Son of Oliver and Sarah (Robinson) Peabody ; born, Andover, Massachu- setts, September 2, 1753 ; Harvard College, 1773; practiced, Exeter ; died there, August 3, 1831.
Oliver Peabody was the first student at law of the distinguished Theophilus Parsons, who set up practice at Newburyport, Massa- chusetts, in 1777. After Mr. Peabody's admission to the bar, he spent a short time in Boston, Massachusetts, as an assistant to the clerk of one of the courts, and then established himself in Exeter.
He had all the requisites of success. His native powers of mind were of a high order, and conscientiously cultivated. Al- though he never was distinguished as a specially learned lawyer yet he was well skilled in his profession, and was punctual and faithful in his practice. Business was not lacking, and political
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preferment was always at his command. In 1789 he was chosen treasurer of the county, and annually rechosen for a number of years. In 1790 he was made a state senator, but resigned his seat to accept the appointment of Judge of Probate for the county. After holding that place three years, he was again sent to the state Senate in 1793 and 1794, and the latter year was elected president of that body. He resigned his seat a second time on being appointed treasurer of the State, which he continued to be until 1804. The next year he was confirmed sheriff of the county, and served out his term of five years. The state Senate was always to him a stepping-stone to something more desirable, for on being again chosen to it in 1813, he received the commis- sion of Judge of the Court of Common Pleas, but in 1816 he quitted the bench, upon the reorganization of the courts. In addition to all these official appointments, Judge Peabody was thrice chosen a presidential elector, in 1796, 1800, and 1808. For thirty-four years he was a member of the board of trustees of Phillips Exeter Academy, twenty-two of which he was also treasurer.
He was formed for popularity. He was handsome in person, amiable and social in disposition, and the elegance of his manners was proverbial. Much as he held public office, he was not an office-seeker. But he seemed fitted by nature for such trusts, and men instinctively turned to him whenever a candidate was to be selected. He was universally esteemed and respected, and his social position was among the highest in the town in which he resided.
His wife was Frances, daughter of Hon. William Bourn of Marblehead, Massachusetts. One of his daughters was the wife of Alexander H. Everett; and the distinguished brothers, O. W. B. and W. B. O. Peabody, were his sons.
OLIVER WILLIAM BOURN PEABODY.
Son of Oliver and Frances (Bourn) Peabody ; born, Exeter, July 9, 1799 ; Harvard College, 1816 ; admitted, 1822 ; practiced, Exeter ; died, Burlington, Vermont, July 5, 1848.
Mr. Peabody finished his legal education at the law school in Cambridge, Massachusetts, receiving the degree of LL. B. in 1822. He then entered on practice in his native town. He was
36
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thoroughly read in his profession, and was distinguished for his acuteness and readiness in legal dialectics. But there was prob- ably something in the rough encounters of professional practice that was repugnant to his sensitive nature. He was essentially a man of letters. His love for scholarship and his literary taste were early developed, and had been fostered by his surroundings. His commencement part at college was a poem. For some years of his stay at Exeter he edited the "Rockingham Gazette," a weekly paper, made readable largely by his contributions. He also wrote and delivered several addresses in prose and verse on public occasions, among which was the poem on the two hun- dredth anniversary of the settlement of New Hampshire by Euro- peans, - a production worthy of the important event which it commemorated.
In Exeter he was annually chosen a representative in the legis- lature, from 1823 to 1830 inclusive. In the latter year he re- moved to Boston, Massachusetts. He gave assistance to his brother-in-law, Alexander H. Everett, in the management of the " North American Review," and for some time took the editorial charge of the Boston "Daily Advertiser." He was chosen a representative to the General Court in 1835, and in 1836 he received the appointment of register of Probate. The duties of the office he diversified with various literary employments. In the hope of restoring his failing health in a milder climate, he accepted the chair of English literature in Jefferson College, Louisiana, in 1842. In a little time he returned to Boston, and there, and at Springfield, Massachusetts, where his brother was settled in the ministry, he studied theology, and in 1844 was licensed by the Unitarian Association to preach. The next year he was installed over a congregation in Burlington, Vermont, where he remained, beloved and respected, to the close of his life.
Mr. Peabody possessed an amiable, though retiring disposition, and courteous manners, joined to first-rate abilities conscientiously cultivated. His sense of humor was keen, and he was a most entertaining converser in congenial society. His scholarship was elegant and accurate, and he was master of a pure and cultivated style of writing. His fastidious taste did not permit him to pub- lish anything which was not finished with the utmost care. He supervised an edition of Shakespeare in 1844, and furnished the lives of Putnam and Sullivan for Sparks's series of American
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Biography, besides contributing largely to many of the best peri- odical publications. His last literary work was a biography of his brother William, - a true labor of love, which he did not live to fully conclude.
He never married.
SAMUEL PEABODY.
Son of Richard and Jemima (Spofford) Peabody ; born, Boxford, Mas- sachusetts, January 3, 1775; Dartmouth College, 1803; admitted, 1810; practiced, Wolfeborougb, Sandwich, Epsom, and Tamworth ; died, Andover, Massachusetts, October 17, 1859.
It was the original design of Mr. Peabody to enter the ministry, and to that end he pursued awhile the study of theology. But he afterwards changed his purpose and resolved to qualify himself for the legal profession. He studied law in the offices of David Everett in Amherst, of Sylvanus Backus in Pomfret, Connecticut, and of Oliver Crosby of Dover.
He first opened an office in Wolfeborough, but after a stay there of between one and two years, settled in Sandwich, where he remained about ten years. He appears to have possessed the for- tunate gift of making a country practice yield him a support for his numerous family, and a substantial surplus besides. In 1823 he exchanged his house and business stand for those of Jonathan Steele in Epsom, and went to the latter place to live; but after remaining a couple of years he again changed his home to Tam- worth, and settled down there upon a farm, still, however, keep- ing up his professional practice. Here he continued till 1842, at which date he removed to Andover, Massachusetts, attracted by the excellent schools for his children, and there spent the residue of his days.
He was the author of an address delivered before the Washing- ton Benevolent Society in Tamworth, and published in 1814. A specimen of his caustic wit is preserved by Hon. John Kelly. For some reason Mr. Peabody held a very poor opinion of the legislature of 1823. "The only difference," said he, " between the occupants of the two stone houses in Concord (the state prison and the capitol) is this, that the former have had their trials, and the latter have not !"
He is mentioned in the Peabody Genealogy as "a gentle-
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man of the highest moral and social qualities, and much general culture and professional attainment."
In 1813 he was married to Abigail, daughter of Jonathan Wood of Boxford, Massachusetts, and by her was the father of ten children, the eldest of whom, Charles A. Peabody, has been a Judge of the Supreme Court of New York, and Chief Justice of Louisiana.
STEPHEN PEABODY.
Son of William and Abigail (Wilkins) Peabody ; born, Milford, October 4, 1782 ; Harvard College, 1803; admitted, 1811; practiced, Exeter, Ports- mouth, Milford, and Amherst ; died, Amherst, January 19, 1847.
Immediately after his graduation Mr. Peabody entered his name as a student with David Everett of Amherst. In the spring of 1804 he removed to Boston, Massachusetts, and studied in the office of John Phillips for two years. Then for the restoration of his health, which had suffered, he visited South America and traveled in Europe nearly two years, after which he returned to Milford and completed his law studies with Solomon K. Liver- more. The first three years of his professional life he passed in practice partly in Exeter and partly in Portsmouth. Thence he returned to his native town, and there, in addition to his law business, devoted himself considerably to agriculture.
He represented Milford in the General Court in 1825 and 1827, and was chosen councilor four years, from 1830 to 1833 inclusive. In 1837 he received the appointment of register of Probate for Hillsborough County, and removed to Amherst, the county-seat, where he continued to reside during the remainder of his life, though he is said never to have resumed the practice of his pro- fession there.
From this brief résumé of his employments, it appears that but few years were devoted strictly to the law, perhaps from his having no special liking for it. The brief biographical notice in the Peabody Genealogy contains the statement that he "left an unsullied reputation as a lawyer, and as a citizen he was much lamented."
He married, in 1824, Jerusha P., daughter of Rev. Matthew Bolles of Milford, and left four children, the eldest of whom, Francis B. Peabody, now of Chicago, Illinois, studied the profes- sion of his father, and for a time practiced in Concord.
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SAMUEL ATKINSON PEARSON.
Son of Captain Joseph and Hannah (Atkinson) Pearson ; born, Haverhill, 1784 ; Dartmouth College, 1803 ; practiced, Lancaster ; died there, Septem- ber 2, 1840.
This gentleman served his apprenticeship to the law under Alden Sprague of Haverhill for one year, and the two remaining years with Jeremiah Mason of Portsmouth. He settled in prac- tice at Lancaster in 1807. The business of collecting demands was at that time an enormous one, and Mr. Pearson obtained a full share of it. He had comparatively little business on the con- tested docket of the courts, however, and did not figure in jury trials, unless sometimes as junior counsel.
He was a large man, of striking presence, who could not fail to attract attention anywhere; and in the heyday of his prosperity he exercised a liberal hospitality in his spacious dwelling. He was postmaster twenty years, and deservedly popular. In later life the business which had been so productive fell off and left him in reduced circumstances.
He was married in May or June, 1816, to Ann, daughter of Benjamin Boardman.
THOMAS PEARSON.
Son of Thomas and Esther (Wright) Pearson ; born, Tyngsborough, Massa- chusetts, December 25, 1820 ; admitted, 1843 ; practiced, Nashua ; died there, 1891.
This gentleman received his education at the Nashua Literary Institute and the academy at Hancock; attended the Harvard Law School in 1840 and 1841, and studied in the office of Daniel Abbott and Charles J. Fox in Nashua. In that town he prac- ticed five years, and two years in Methuen, Massachusetts. He was also the Judge of the Police Court in the city of Nashua, from 1855 to 1861. In 1846 he adopted the profession of a civil engineer, and for a number of years this was his chief employ- ment. He said of himself, " I have made more preliminary sur- veys of railroads than any other engineer in New Hampshire, and pride myself that it was well done, and in every case a good line found."
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He held a clerkship in the pension office in Washington, Dis- trict of Columbia, from 1861 to 1865, the last two years as the chief clerk. In 1866 he was the special agent of that office in New Mexico on fraudulent claims.
From Nashua he was representative in the legislature of 1852, and was at various times moderator, selectman, assessor, inspector of check-list of his city ward, and trustee of the State Reform School.
The social qualities of Judge Pearson made him a universal favorite. His eye was quick to discern everything that was quaint and humorous, and his skill as a raconteur enabled him to paint his stories with the liveliest colors. He was a man to " set the table in a roar " and promote hilarity anywhere.
He was married, first, January 21, 1843, to Angeline M. Hunt of Nashua ; and second, to Hannah A. Pearson of Medford, Mas- sachusetts, February 5, 1884, and left a daughter and a son.
EDWIN PEASE.
Son of Hon. Zebulon Pease ; born, Freedom, April 23, 1827 ; practiced, Freedom and Conway ; died, Conway, August 31, 1879.
It is believed that Mr. Pease was originally admitted an attor- ney under the statute of 1842, and perhaps later was received as a member of the bar. He commenced practice in Freedom about 1859, and remained there near seven years, when he moved to Conway. He represented Freedom in the legislatures of 1857 and 1858, and was a state senator in 1868. It is said that his rank as a lawyer was fair, his honesty unquestioned, and that he had the general regard and good-will of those who knew him.
CHARLES HAZEN PEASLEE.
Son of William and Hannah (Folsom) Peaslee ; born, Gilmanton, February 6, 1804 ; Dartmouth College, 1824 ; admitted, 1828 ; practiced, Concord ; died, St. Paul, Minnesota, September 20, 1866.
Mr. Peaslee is said to have had an excellent mother, from whom he inherited much of his ability and his better qualities. At the academy in his native town and in college he acquired creditable scholarship, which, by study in Philadelphia and in the office of Stephen Moody of Gilmanton, he supplemented by a
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respectable knowledge of the law, but he never applied himself to his books much afterwards, except on important occasions. He settled in Concord. He was universally liked, his manners were so genial, and his disposition so amiable ; and his talents were admired, especially his gift of speaking in public. He seemed to have a natural eloquence, though in special cases he prepared his speeches with much care. In the trial of State v. Prescott, which was an indictment for murder, Mr. Peaslee was the junior counsel for the prisoner, in whose behalf his feelings were strongly en- listed. The accused was a young man of such limited intelligence that the defense of insanity was very naturally set up in his behalf, though unsuccessfully. Mr. Peaslee's opening of the case was carefully studied, and it is said that he divided the honors of the trial with his senior, the eloquent Ichabod Bartlett.
He was rather adapted to a political than to a legal career. In 1833, and the three years succeeding, he was a member of the state legislature from Concord. During this period the first movement was made for the establishment of a state asylum for the insane. Mr. Peaslee became deeply interested in the subject, and traveled about the State advocating the scheme with earnest- ness and zeal, and is regarded as one of the principal founders of the institution. He served as a trustee from the time of its estab- lishment until his decease.
In 1839 he was made adjutant and inspector-general of the militia of the State. In 1847 he was chosen a representative in the Congress of the United States, and was twice reelected. He was a working member, and his speeches were far above medi- ocrity.
In 1853, General Pierce, on acceding to the presidency, ap- pointed him collector of the port of Boston. After the adminis- tration was changed General Peaslee took up his residence in Portsmouth. His death occurred while he was on a visit to the West.
He was married, December 9, 1846, to Mrs. Mary A. L. Dana, daughter of Robert Harris of Portsmouth.
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GEORGE CHESLEY PEAVEY.
Son of Hudson and Hannah (Pitman) Peavey ; born, Barnstead, January 16, 1815 ; practiced, Exeter and Strafford ; died, Strafford, May 5, 1876.
At the age of twenty Mr. Peavey went to the Phillips Exeter Academy, and qualified himself to enter college in advance, but ill health compelled him to relinquish further study. Later he read law with Bell and Tuck in Exeter, but the weakness of his eyes, caused by an injury to his spine, prevented him from enter- ing into practice for a considerable time. At length he opened an office in that town, and manifested much energy and capacity for business, in spite of his drawbacks. After some years in Exeter, he removed about 1859 to Strafford, where he attended to a large law practice, and gradually established four country stores and a considerable trade in lumber besides.
He was a bank commissioner in 1856 and 1857, and a member of the state Senate in 1869 and 1870, and received from Dart- mouth College the honorary testimonial of A. M. in 1870.
Mr. Peavey was throughout his busy and successful life an invalid, a large part of the time being obliged to cover his eyes from the light with a bandage, and not infrequently compelled to preserve a reclining position, while attending to his business. He could never have accomplished the labor that fell upon him with- out the assistance of his devoted wife, who was eyes and hands to him, at least.
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