USA > New Hampshire > Merrimack County > Sutton > The history of Sutton, New Hampshire : consisting of the historical collections of Erastus Wadleigh, Esq., and A. H. Worthen, part 1 > Part 19
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Witness, Arthur Livermore, Esq. at Concord the 15th day of October Anno Domini 1826.
M. Eastman, Clerk.
THE SHERIFF'S "DOINGS THEREON."
Merrimack s. s. Feb. 29, 1827.
By virtue of this Writ I have attached 1 Pitcher. 4 Vials. ₺ pound Coffee, 1 skimmer, 1 Junk Bottle, 2 Inkstands, 1 Coffee Pot, 1 Pair shears, 2 Sugar Bowls, 1 Flask, 1 Bowl, 1 Tea Pot, 6 Plates, 14 sett Teas, 10 Edged Plates, 1 Tunnel, 1 Gimlet, 6 Spoons, 2 Tin Pepper Boxes, 1 Tin Trumpet, 1 Silver Teaspoon, 12 Knives, 4 Forks, 1 Table, 1 Spike Gimlet, 4 Towels, 2 Scale Beams, 1 Sett Scales and Weights, 1 Axe, 1 Auger, 1 Pitchfork, 1 Shovel, 1 Bag Dried Apples, 1 Scythe, 1 Iron Pot, 1 Sheet, 2 Woolen Wheels, 1 Wheel Head, 1 Linen Wheel, 1 Clock Reel, 1 Churn, 1 Under Bed, 1 Table, 4 Chairs, 2 Baskets, 1 Sap Bucket, 1 Gouge, 3 Toast Irons, 1 Bread Tray, 1 Bedstead & Cord, 1 Gridiron, 1 Pillow Case of Salt, 1 Sieve, 1 Kettle, 1 Spider, 1 Steel Trap, 1 Gal. Bottle, 3 Buckets and Paint, 2 Boxes and Bread Dish, 1 small Cask and Whiting, 1 Jug, 1 Pot, 1 Tub Flour, 1 Pork Barrell and Pork, 1 Stone Jar, 1 Tub, 1 Keg, 1 Toast Dish, 1 Meal Chest, 1 Chest Drawers, 1 Tea Kettle, 1 Flour Barrell, 1 Feather Bed, Bedstead, Bedding and Cord,-Property of the within named P. N. and the same day left him a summons at his last and usual
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DEBTS AND DEBTORS.
place of abode in Sutton with my name endorsed on the back of it, as the law directs.
Fees,-Service, 23 Travel, 78
Expense of Moving and securing Property, 1.50. Total 2.51.
John Harvey, Dep. Sheriff.
SUING TIME.
If a man was to be " sued," in order to make the transaction lawful, it must be performed a certain time before the session of the court.
This period, " suing time " as it was called, was much dreaded by delinquent debtors. As it drew near many and perplexing became the worries of those who knew themselves liable to be overtaken by the legal justice of those days. In serving the foregoing writ it appears that the strong arm of the law, being stretched out, was able to grasp enough pepper boxes, inkstands, and other small wares to satisfy all the demand. But not always was it thus fortunate. Occasionally the housewife, getting some knowledge or suspicion of the sheriff's approach, would manage to save her kettles and pans and some other household gods by burying them in a convenient snowdrift, or hiding them in the hay, or even in the earth of the cellar bottom. Viewed in the light of our modern ideas her dis- honesty seems quite pardonable, and we can scarce- ly find words to rebuke it; nor should we have done so, perhaps, even in those ancient days, unless it had happened that the debt was due to ourselves, and we became losers to the extent of what that snow-drift concealed.
The word distress, used as a term in law to sig- nify the property taken by distraining or suing,
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HISTORY OF SUTTON.
suggestive of pain though it be, is at the same time a little ludicrous.
If there was not to be found on the premises of the debtor enough property to satisfy the demand, that is, if the sheriff, when he came, did not find " sufficient distress," he must make it by committing the body of the delinquent debtor to jail. However, in comparison with the number of debtors, cases of imprisonment for debt were not frequent. When we learn that at one period, as the law then stood, the creditor could cause the arrest and imprison- ment of the debtor for a debt exceeding $13.33, it seems to us that there must have been a constant call for increased jail accommodations. The action of the creditor in this respect was, however, greatly modified by the circumstance that he must himself become responsible for the prisoner's board while he kept him in jail. The jailer refused to take debtors unless the creditor gave bonds for the sup- port of the debtor. The debtor, upon taking the " Poor Debtor's Oath," was to be discharged unless the creditor or some one pay the jailer five shillings per week for the support of such debtor. Subse- quently, debtors were allowed the liberty of the jail-yard, as it was termed, upon taking the "Poor Debtor's Oath." By the jail-yard was understood a certain distance from the jail, within the limits of which the debtor was a free man to live with his family and work for the support of the same. The Merrimack county jail was located in Hopkinton. In 1825 the limit of the jail-yard was Putney's hill, about two miles from the jail. Later, the jail-yard embraced the whole county.
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DEBTS AND DEBTORS.
The present writer is in possession of the first draft of Governor Matthew Harvey's message to the legislature. A few extracts from these sheets will show that at that date, 1830, the public mind was, and had been for some time, considerably stirred on this subject, as well as showing plainly his own view of it.
There is another subject to which I would invite the attention of the legislature, and that is Imprisonment for Debt. Our law in reference to delinquent debtors still retains that odious feature which identifies it with measures that originated in times less enlightened than the present, but, by reason of amendments and various modifications, the object originally intended is now rarely accomplished. The entire control over the personal liberty of the debtor was formerly given to the creditor, to compel payment either by the terrors of a jail before commitment or the misery of con- finement afterwards.
This power in the hands of an unfeeling creditor was often exer- cised with severity, and fell indiscriminately upon the honest and the dishonest ; and, whether the debtor had been deprived of the means of payment by the exercise of bad judgment or by inevitable misfortune, or had fraudulently placed his effects beyond the reach of his creditors, when once committed to prison was confined for life without the possibility of a discharge, except by the mercy of the creditor, by payment of the debt, however embarrassing this might have been to friends who moved by sympathy would some- times do it, or however oppressive to an already miserable and destitute family. This severe operation of the law was not long tolerated by public opinion when more liberal views began to be entertained on the subject. It then commenced a remedy by pro- ducing varions enactments for the relief of persons imprisoned for debt.
This ameliorating policy has been continued so far that although the power of imprisonment still exists, very few of those results which formerly furnished arguments in support of the principle now remain. It is now rarely found that the debtor committed to prison ever calculates on being discharged by payment of the debt.
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HISTORY OF SUTTON.
Since the last provision of the law on this subject, which extended the limits of the jail yards to the extreme boundaries of the towns in which prisons are located, so far as my observation has extended, about seven eighths of all persons committed to prison for debt on execution have been discharged on application to the commissioners of Jail Delivery.
Imprisonment within the chartered limits of a town has so little real restraint about it, and the facilities for obtaining a Poor Debtor's Oath are so great, that persons indebted and possessing effects of small value are induced to divest themselves of their property so far that the amount remaining in possession shall not prevent the discharge provided by law rather than to increase it by honest industry with a view to the payment of debts.
The inevitable consequence is a diminution of the quantity of labor, industry, and economy always essential to the welfare of society, an accumulation of unnecessary cost, and an increase of poor and idle persons who are ultimately supported at public expense. That there should be some change in the law on this subject there seems to be very little doubt. If the power of imprisonment is indispensably necessary for the purposes of trade and commerce, sound policy would seem to require that all modern provisions for the relief of poor debtors should be repealed, and the law placed on the same standing it held ten or twelve years since, in order that the restraint of imprisonment might be realized and felt, and produce its originally intended effect.
But if the right to imprison for debt is not necessary, and I am decidedly of this opinion, the same policy would seem to require that the remnant of the law as it now exists on this subject should be repealed, so far as it regards all contracts hereafter to be made.
Should this course be adopted it would be in perfect accordance with those enlightened and liberal views which have been so far manifested in the proceedings of the legislature.
Provisions favorable to the poor, as well as to the imprisoned debtor, have followed in uninterrupted succession, while none are found of an opposite character. This circumstance furnishes strong evidence that the progress of public opinion has been favorable to the repeal of the law authorizing imprisonment for debt.
But (although I entertain no doubt on the subject) the question is referred to the legislature whether the time for such a repeal
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DEBT AND DEBTORS.
has arrived, or whether any alteration should be made in the pres- ent law at this time, and the decision, when formed, resulting from the collected wisdom of the state, will undoubtedly be founded in good reason and sound policy."
Long before the date at which this governor's message was written,-forty years, at least,-lived those who, taught perhaps by their sympathies, per- ceived that the law authorizing imprisonment for debt was severe and unwise, as the following letter will show:
Warner, March 24, 1794.
To Deacon Harvey at Sutton.
Dear Brother Harvey.
After my regards to you and family would inform you that at the request of brother C. F. I have been to his principal creditors about here and at Hopkinton, and have obtained a letter of license for him to go abroad and carry on his business and try to pay his just debts, for the space of two years, which letter you will receive with this letter, wishing you to use your influence to obtain the same liberty of those in your part. or about you, as in so doing there appears more likelihood of advantage to his creditors as well as to himself to have him about his business that he may be doing something towards discharging his debts rather than for him to go away or be confined. Therefore I wish you to endeavor to obtain the like liberty of those amongst you.
And I subscribe myself your unworthy brother in Gospel bonds Nathaniel Bean.
The above mentioned creditors are only Reuben Gile and John Harvey.
This was the John Harvey who framed the North meeting-house.
Nathaniel Bean, or Esq. Bean as he was com- monly called, was a native of Amesbury, became in or about 1775 a resident of Warner, and a person of much influence and importance as a business man
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HISTORY OF SUTTON.
and citizen. He represented the classed towns in 1782. He was also a religious man, and was con- sidered to have a " gift" for preaching. Other let- ters which passed between him and Dea. Harvey show that he sometimes preached to the church and people of Sutton.
On one occasion a sheriff was taking a Sutton man to jail at. Hopkinton for debt, arriving late at night and calling the jailer up from his bed. " Who have you there?" demanded he from the window. " I have so-and-so," replied the officer. "Then you may take him away again," said Mr. Leach. "He has been here before, and I have never received any pay for his board, and he shall not come into this jail again!" The sheriff and his prisoner, who, by the way, was an old friend and neighbor, departed together, well pleased at the result; and the old man who had not credit enough to keep out of jail nor yet to get into it, was soon restored to the bosom of his rejoicing family.
.
EARLY ROADS.
Previons to 1784 no roads had been laid out except from house to house. This lack of public roads was a great inconvenience, and, in fact, formed a considerable impediment to speedy settle- ment and progress. The first public road built in town of which we have any authentic record was laid out in 1784, from Fishersfield line (now Newbury) on by the Burpee place over Dodge hill to South Sutton village, thence to the foot of Kimball hill, and over the same to Warner line, passing diago- nally through the whole width of the town. This road became the main travelled road from Warner to Fishersfield and the towns above. Abont the same time (1786) another main road, passing through Croydon, Springfield, and New London, was extended through this town, from the New London line on by Dea. Matthew Harvey's to Kezar's pond, thence on by Daniel Messer's (the Moses Hazen place) to the foot of Gile hill; thence to the foot of Kimball hill, to intersect with the road from Newbury to Warner. This road was the great outlet of the town.
The newly opened public roads having made taverns a necessity, Caleb Kimball built and opened a public house on the road from Newbury to War- ner, and Matthew Harvey did the same on the road from New London.
.
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HISTORY OF SUTTON.
In 1784, also, a road was laid out from the Dea. Nichols place to the east end of Kezar lake, North Sutton, thence on the south side of the lake over Wadleigh hill to Quimby's mills at Mill Village, thence to the road from Fishersfield to Warner.
Also a road from the John Pressey residence to the William Bean farm on King's hill.
Also one from Samuel Bean's house (near Milton B. Wadleigh's) across Benjamin Wadleigh's land to the top of Jeremiah Davis hill, so called, cast of the brick-yard, into a road leading from New Lon- don to Jones's mills.
In 1785 a road was laid out from Mill Village through Capt. Pressey's farm to Fishersfield (or Newbury) line; also from the Philip Nelson farm to Mill Village; and one from Phineas Stevens's (Moses Cheney place) to South Sutton; also one from Joseph Johnson's on by Silas Russell's house to Benjamin Philbrick's over Dodge hill to Mill Village near King's bridge.
In 1788 a road was laid out from where T. B. Lewis lived to Mill Village.
In 1789 a road was laid out from T. B. Lewis's to the Fisher or 'Squire Hill farm.
This road was laid out in 1793, from Samuel to Abraham Peaslee's.
In town-meeting, 1806, voted to discontinue the road from Samuel Peaslee's (E. Lear) to Abraham Peaslee's (near S. Rowell's). Voted to lay out a road from Jonathan Roby's house (on Birch hill) to Ichabod Roby's house (gates to be kept up till fenced).
Voted to discontinue the road from Joseph
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EARLY ROADS.
Bean's barn on Fishersfield line (at the bend of the road near F. Blodgett's) to Philip Sargent's (now T. B. Lewis's).
In town-meeting, 1808, voted the road from Joseph Johnson's to Warner, by Nathaniel Che- ney's, be opened. Also, same meeting, voted John Harvey (father of Dea. Joseph Harvey) to take care of North meeting-house, and Enoch Page the South.
EARLY PERAMBULATIONS.
Oct. 30, 1800. Lines perambulated by the selectmen of Sutton and New London, acting jointly, and bounds found standing to the satisfaction of both parties.
The same record and of same date between Sut- ton and Kearsarge Gore. The selectmen who per- ambulated the lines were Green French and Moses Hills for Sutton, Benjamin Woodbury and Joseph Brown for New London, and Benjamin Cast and Thomas Cross for Kearsarge Gore.
1814. Lines perambulated and bounds renewed between Sut- ton and the following towns, viz., Wilmot, Fishersfield, and Kear- sarge Gore. Report signed by the selectmen of each town as fol- lows :
Samuel Kimball and Obadiah Clough for Wilmot.
Jonathan Perkins for Fishersfield.
Abner Flanders and Tappan Evans for Warner.
Isaac Palmer for Kearsarge Gore.
1805. Green French, Anthony Sargent, Levi Harvey, for New London.
1820. Nathan Herrick, for New London.
June 28, 1798. A beech stump named as the witness tree. (See charter of Perrystown.)
20
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HISTORY OF SUTTON.
Whereas we, the subscribers. being appointed by the towns of Fishersfield and Sutton, by a vote in their annual town meetings, to inspect and establish a Bound at the northeast corner of Fishers- field and Northwest corner of Sutton, which bound was cut down .- pursuant to said vote we have this day met on the ground, and agreed to establish a Beech Stump as a Bound, around which is a heap of stones, which appears to be the original Bound.
Moses Hills
Selectmen John Burns
Selectmen
for Joseph Webster
for
Thomas Wadleigh.
Sutton. Paul Towle Fishersfield.
RAILROAD COMMUNICATION WITH BOSTON.
The first railroad from Boston to Lowell was opened in 1833, its principal object being at the time understood to be for the purpose of transport- ing the goods of the cotton manufacturing com- panies. An extension of this road was made to Concord in 1843, ten years later.
Sept. 21, 1849, the Concord & Claremont Rail- road was formally opened to Warner; and soon after, the road was completed to Bradford, which remained the terminus for several years, it being considered by many a thing impossible to carry the road through the immense Newbury ledges. This was however finally accomplished by the aid of steam drills, and in 1871 the road was opened to the Connecticut river at Claremont. The first regular train from Bradford to Claremont was run on Sept. 16, 1872. This road touches Sutton at Roby's Corner, where there is a station used mostly for freight purposes, passengers not sure of convey- ance from that station going on to Bradford station, whence a regular stage route to Sutton accommo- dates them.
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EARLY ROADS.
People living in or going from the north-easterly part of Sutton usually avail themselves of the rail- road accommodations offered by their nearer vicin- ity to the Potter Place station in Andover, on the Northern Railroad. This road was opened to Ando- ver in the winter of 1846-'7.
THE NORTHI VILLAGE.
The first dwelling-house in what is now the North Village, was owned and occupied by John Harvey, father of Dea. Joseph Harvey, who lived many years on the place, and sold it to the present owner, Joseph Greeley, being situated close to the North meeting-house.
Mr. Harvey was a carpenter, and had the job of framing the meeting-house. He moved into this house, and boarded the men who worked on the sanctuary. Among them were John Persons and Israel Andrew, who were then his apprentices. He had also a carpenter-shop on his premises. A school-house formerly stood near the Gile pond, on the road leading from Benjamin Wadleigh's to Daniel Messer's, at its intersection with the old Pound road. This school-house was probably built by Mr. Harvey soon after his coming to this town in 1790. About the time of commencing to build the meeting-house he bought this school-house, and moved it to his own land, and, by making an addi- tion to it, constructed therefrom his dwelling-house. This account is probably correct, although some have supposed that the present school-house in the village is the original one that once stood where we have stated, near the Messer (Hazen) place. In 1803 the town "voted to class the school-district where widow [Matthew] Harvey lives with district
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THE NORTH VILLAGE.
where Daniel Messer lives, provided the inhabitants will furnish themselves with a good school-house." This extract from the records fixes the date of the location, if not the erection of the building, on its present site.
The next place built was the one commonly spoken of as the Cooper place, by Gordon (or Gurden, as it was pronounced) Huntley, a black- smith, who also had a blacksmith-shop on his prem- ises. Mrs. Huntley was a daughter of Elder Nathan Champlin. Reuell Miller, an ingenious blacksmith, who lived in Sutton several years later, learned his trade with Mr. Huntley.
Next after the Huntley house, Col. Philip S. Harvey built the house on the hill now known as the Smiley cottage, and lived there and kept store in the same building. He afterwards sold out to Aaron Sargent, a hatter, who converted the store part into a hatter's shop and manufactured hats for persons who brought him their wool for that pur- pose. They could thus have their hats made to order as to size, shape, and thickness.
Col. Philip S. Harvey built afterwards the James M. Sargent place, and lived and kept store there quite a number of years. Afterwards sold out to Joseph Pike. He also built the Dr. Lane-Smiley house, and lived there some years, doing some farming. This house was burned, Saturday, Nov. 2, 1889. The Hemphill house and store stood on the site of the present Walter Sargent place (which last named was for several years the property of Elbridge G. King, and was built by him). The Hemphill house was built by Nathaniel Ambrose.
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HISTORY OF SUTTON.
He traded there about a year, then sold out and went to New York.
Daniel Davis built the John Andrew house, and lived there several years. The wife of Mr. Davis was a daughter of Rev. Job Seamans, of New Lon- don. There was once a printing-press in the shop part of the John Andrew house. Elder Lothrop, a Baptist minister, lived there about 1818, and on this press he actually printed some Testaments and other small books, some almanacs and primers.
It is supposed that Daniel Davis also built the Fifield house. Benjamin B. French, Esq., a young lawyer, came there to live about 1824 or 1825, and opened a law office, the first one in town. Mr. French was also appointed post-master when a post-office was established in North Sutton in 1825.
Samuel Worth built the Col. John Harvey house some time prior to 1820, as is shown by the fact that about that date he sold it to Col. Harvey.
Dea. Benjamin Farrar built the Farrar house and tannery, on the corner behind the Joseph Greeley house and store, opposite the burying-ground. He was tanner and shoemaker, and did considerable business for some years, not far from 1830. His buildings were taken down many years ago.
Jacob Bean, Jr., built the house on the hill above the Col. John Harvey house, about 1840. Daniel Whitcomb's family bought and owned it some years. Then Dea. Levi Cheney became purchaser, and it is still owned and occupied by his widow.
The house just at the base of the hill beyond where the Farrar house stood was built by Moses Putney, who took the tannery of Dea. B. Farrar.
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THE NORTH VILLAGE.
It was much enlarged and beautified by Dea. Ben- jamin P. Sargent, who owned and occupied the place for several years previous to his decease, and is still in possession of his heirs.
The Baptist parsonage was first built by Gilman Greeley near the pond, in the village of Kezarville; was moved to its present location and enlarged abont 1875.
Dea. Joseph Harvey built for a tavern the two- story house which stands on the South road. It was first built as an addition to his house near the meeting-house, and was brought on a line with the store, but the opening of the railroads through our vicinity made that, like most of the country taverns, of no further use as such, and the building was moved away to its present site about 1850.
Daniel Whitcomb built the next house beyond the tavern, and also had a blacksmith-shop close at hand.
Stephen B. Carleton built the Daniel Sargent house about 1835. It has been much enlarged and improved. Mrs. Carleton was a daughter of Dea. Joseph Greeley. William Howe built the house near it which he occupies still, while Dea. Nicholas Rowell built the small house on the opposite side of the street, a few years prior to his death.
Another modern built house on the same side as the last named is the one owned by Willis Howe.
On the New London road, the first house beyond the burying-ground was built by Joseph Greeley, 2d, and was occupied by him at the time of his decease in 1873.
Next to that is the house which for several years,
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HISTORY OF SUTTON.
about 1849, was owned by Dea. Joseph Harvey. Then comes the house built by Col. Philip S. Har- vey about 1840, and beyond that, on the same side, is the house built for Jane Davis, and which she owned at her decease in 1874. On the opposite side of the road is the pretty house built by Sargent Kimball-subsequently owned by Daniel Putney and Olney Kimball. At some distance above this is the house built by Abel Wheeler about 1840, and now owned by the widow of his son, Leonard H. Wheeler.
KEZARVILLE.
First comes the house of J. Harvey Kezar. This house was built by Joseph Greeley, 2d.
Next to this is the house of John Kezar, son of J. Harvey Kezar, a very convenient and tasteful residence and nearly new. Next is the house lately owned by George French, another tasteful resi- dence, occupying the site of one which Col. John Harvey, Joseph Greeley, Ist, and Stephen B. Carle- ton successively owned and occupied.
This pretty house was also built by J. Harvey Kezar. Further up on the hill is the Prospect House, which is so constructed as to be an attrac- tive summer hotel and boarding-house, and yet a very comfortable winter home. This hotel is owned and managed by John Kezar and Fred Putney. A house built by Joseph Greeley, 2d, and after- wards owned and occupied by Moses Pillsbury, and since that time by others, occupied the site of the Prospect House.
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