The history of Weare, New Hampshire, 1735-1888, Part 19

Author: Little, William, 1833-1893. cn
Publication date: 1888
Publisher: Lowell, Mass., Printed by S. W. Huse & Co.
Number of Pages: 1240

USA > New Hampshire > Hillsborough County > Weare > The history of Weare, New Hampshire, 1735-1888 > Part 19

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).

paid to the new Boston Rode. .1: 2:0:1

paid to the mounting Road. .1:17:0

paid to Philbricks Road ... .1:11:0

paid to Jediah Dow for the north Road .. .1:17:0

paid to Jedidiah Dow for the Senter Road. 2:16:0"

t Dr. Benjamin Page was the son of Judge Benjamin Page, who came from Ken- sington to Weare, in 1768, and settled on lot 89, range 7, on what is now known as Sugar hill. Judge Page died in 1782. He sold to his son, the doctor, land in 1771 and 1777. Doctor Page probably went from Weare to Sutton. Jeremiah Page was a brother.

+ " 1772 Paid the Selectmen for going after a grammar School master

.. 1: 1:0

and getting him aprabated.

paid to Doctor Page for taking the charge of the grammar School .. 0: 12: 0"

160

HISTORY OF WEARE, NEW HAMPSHIRE.

[1775.

district, £1 5s. 8d., and Ebenezer Bailey, for his board in the Mountain Road district, fifteen shillings .*

While Doctor Hoit was teaching, one of the selectmen with an Irish school-master named Donovan visited the school, and the town's guardian asked Doctor Hoit for his credentials, as he was anxious to have a teacher who understood English grammar. After- wards one of the boys asked the doctor what was meant by creden- tials ; he fretfully replied : "I do not know, but I suppose it is some Latin word Donovan put into his head." This Irish master also taught grammar school, being the first to teach English grammar in town. He then went to New Boston and opened a school, where Judge Jeremiah Smith of Peterborough studied Latin with him, fitting for college. What other masters taught in Weare before 1775 has not come down to us.

The grammar master, as we have seen, traveled from district to district, teaching till each received its part. He taught, as the years went by, from Alexander's Grammar, or from the Ladies' Accidence, Pike's Arithmetic, Webster's Reader and Dilworth's Spelling Book. Geography was not taught then in the schools, for there was no convenient text book; Morse's Geography, the first one published, only making its appearance about the close of the century.

Much time in these old grammar schools was devoted to disci- pline, and the masters in those days were not stingy in the use of the rod and ferule. Some of the teachers spent nearly half the time in this exercise, and blistered hands, swollen ears and smarting limbs were very common. Milder punishments were: "sitting on nothing," or on the top end of an old-fashioned, elm-bark-seat chair turned down; holding out a heavy book horizontally ; standing in a corner, face to the wall ; stooping down to hold a nail or peg in the floor, the culprit often getting a smart slap on his rear to keep him from bending his knees; and being compelled to sit among the girls, which, in time came to be denominated capital punishment.

Weare raised larger sums each year for her schools; beginning with £5 in 1769, then £15 in 1770, $35 in 1771, $50 in 1772, $100 in 1773 and $150 in 1774.

They paid very small wages at first for teaching, and the price of

* " 1775. Paid Doctor Philip Hoit for keeping school. £3-0-0 paid Caleb Atwood for boarding Doctor Hoit .... 1-5-8 paid Ebenezer Bayley for boarding Doctor Hoit.

0-15-0"

161

COURTS.

1770.]

board was mere nothing. Often the board and fuel were given, and frequently the teacher boarded round. This lengthened out the school. At a later time, two or three shillings a week were paid to females for their services, and the wages of a male teacher were as high as ten shillings a week. Board at one time was two shillings a week for females, and four shillings for males. It is hard to tell exactly how much this was, for the value of the currency was fluctuating and greatly depreciated.

The town had no school-houses till after the Revolution, and then they were built by individuals, in the naturally formed districts, mostly of logs, and covered by long, shaved shingles fastened on with wooden pins.

In 1775, the town at the annual meeting voted money for schools, which were taught early that year. But the war soon came on, they were frightened at the expense, the citizens were poor then, money was hard to get, and so, June 8th, the selectmen called a town-meeting to be held June 19th. The fourth article in the war- rant was " to see if the town will Drop the School for the Present." At the meeting, " Voted to Drop the Chooling for the present."

A great schism about points of theology broke up the church, and now the Revolution put an end, for the time being, to the schools.

CHAPTER XV.

COURTS.

WEARE, in common with all other towns in the province, needed the " Prebilidg" of a court. For seven years after our incorpora- tion all legal business had to be done at Portsmouth. This was a great hardship, as it involved the loss of time, much expense, and occasioned much delay. Benning Wentworth, the governor, re- fused to remedy the evil, and was opposed to reforms generally. He grew very unpopular, and in 1766 was forced to resign.

John Wentworth, his successor, was more liberal. Under him the state was divided into counties. The law by which this was done was passed by the Provincial Legislature in 1770, and ap- proved in England, by His Majesty, George III, March 19, 1771.

162

HISTORY OF WEARE, NEW HAMPSHIRE.

[1772.

Five counties were made, among which was our Hillsborough, so called from Willis Hills, Earl of Hillsborough .*

Governor John in making the counties parted with much of his influence, for no longer did the leading men in the distant towns go to Portsmouth. They went instead to the "new capitals," the shire towns. One of them, our Amherst, at once became flourish- ing. Enterprise, business and wealth centered there; the lawyers, the deputy sheriff, jailor, clerk of the court, register of probate, reg- ister of deeds, all moved there; the jail, or gaol, was built there, and the stocks, pillory and whipping-post set up. The citizens of Weare took a great interest in all these things.

The act that made the counties provided for four courts : the Superior Court of Judicature, the Inferior Court of Common Pleas, the Court of General Sessions and the Probate Court. The first had cognizance of all questions of law and divorce, was clothed with equity powers, juries attended it, causes were tried, and criminals were sentenced. Its first judges were the Hon. Theodore Atkinson, Chief Justice, t and Hons. Me- shech Weare, Leverett Hubbard and William Parker, Justices. George King was clerk, and the only lawyers in the county were Ebenezer Champney, New Ipswich ; Wisemen Claggett, Litchfield ; and Joshua Atherton, Amherst.#

The first term of this court was held at Amherst on the second Tuesday of September, 1772, and Weare sent its first juryinan, Lieut. Samuel Caldwell, to it. He was elected to the place, as was the custom in those days, at a special town-meeting held Sept. 7th. He served on the grand jury which indicted Israel Wilkins, Jr., for murdering his father, Israel Wilkins, at Hollis, the first murder case in the county. Wilkins was tried at the September term, 1773, and found guilty of manslaughter, then punishable by death, and

* The other counties were Rockingham, Strafford, Cheshire and Grafton, named respectively for Charles Watson Wentworth, Marquis of Rockingham; Charles Went- worth, Earl of Strafford; Cheshire, from a county in the west of England; and Graf- ton, from Augustus Henry Fitzroy, Duke of Grafton.

t In 1739 Rev. John Secombe, of Kingston, preached " A Discourse at Ammauskeeg Falls," from the text, "Simon Peter saith unto them, I go a Fishing" (John 21: 3), in the fishing season, which he afterwards published. The pamphlet was headed, " Business and Diversion inoffensive to God, and necessary for the Comfort and Sup- port of human Society." It was dedicated "To the Honourable THEODORE ATKIN- SON, ESQ., And Other The Worthy Patrons of the Fishing at AMMAUSKEEG "; and the dedication was signed, " Gentlemen, your most Obedient and very humble Servant, FLUVIATULIS PISCATOR." It was printed by S. Kneeland and T. Green in Queen- Street, Boston, MDCCXLIII.

# Other attorneys whose names appear as practising at Amherst, at that time, were Nathaniel P. Sargent, Haverhill, Mass., John Prentice, Londonderry, Samuel Livermore and John Sullivan, Durham, John Lowell, Boston, and Stephen Scales, Concord, Mass.

163

THE SUPERIOR COURT.

1772.]

when asked why sentence should not be passed upon him, pleaded " His Clergy," which was allowed him, whereupon he was burned with a hot iron in the form of the letter T in the brawny part of the thumb of his left hand, and it was further ordered that he forfeit all his goods and chattels to the king. This is the only case in the county where the criminal ever got the " benefit of the clergy."

Weare was interested in the court.proceedings; what was done was a part of the news of the town. The following cases were objects of wonder to our citizens : Michael Keef was convicted of arson, and as there was no state's prison he was sentenced to sit one hour on the gallows with a rope round his neck, to be whipped thirty lashes on his naked back, to be kept in jail six months, to give bonds for good behavior for two years, and stand committed till sentence be performed. Molly Foster from Hollis was charged with bastardy. She pleaded that she would not contend with our Sovereign Lord, the King, but submit herself to his grace. The fine was fifty shillings, and costs, and stand committed till paid. Weare was more lenient, and never dragged any of her thus erring citizens to court.

The Inferior Court of Common Pleas heard and settled all ordi- nary controversies. The first judges were Matthew Thornton of Litchfield, Chief Justice ; and Samuel Hobart of Hollis, John Shep- ard, Jr., of Amherst, and Samuel Blodgett of Goffstown, Justices ; Stephen Holland was clerk, and the first term was held at Amherst on the first Tuesday of October, 1771. Most of the civil cases were tried at this court, and it is said that John Hodgdon was the first Weare man to have one there :- a dispute about certain real estate, in which he dealt largely.

The Court of General Sessions of the Peace had a limited jurisdic- tion in criminal complaints, was attended by a grand and petit jury and had entire control of the financial affairs of the county. It had for judges all the justices of the peace in commission for Hills- borough county, and its first term was held at Amherst on the first Thursday after the first Tuesday of April, 1771. No business was done, and it adjourned to May 6th, when it met in the " publick Meeting House," but soon adjourned to the house of Jonathan Smith, innholder. There were present John Goffe, Edward Gold- stone Lutwytch, John Hale, John Shepard, Jr., Samuel Hobart and Samuel Blodget. John Shepard, Jr., was clerk, pro tempore. At subsequent terms our town of Weare had the honor of furnishing

164

HISTORY OF WEARE, NEW HAMPSHIRE.

[1773.

one of the judges, Benjamin Page, Esq. Other Weare judges in this court have been John Robie, Esq .; and long after, by appoint- ment of the governor and council, Hon. Joseph Philbrick, for four years. The first business done at this court was to prepare a jail, raise money and provide for the more easy administration of justice. Samuel Hobart, John Shepard, Jr., and Benjamin Whiting were chosen a committee to build the prison, and were ordered in the mean time to provide a suitable house in said Amherst in which prisoners could be kept safely.

This court did much for Weare. At its very first session it ordered our town to raise £8 7s. 82d. as its part of the first county tax to build the jail and pay other necessary county expenses. It continued to order county taxes for more than fifty years. At its October term, 1771, it licensed our Aaron Quimby as a taverner, and " Samuel Felbrick " and Ebenezer Mudgett as retailers of spirit- uous liquors. A grand jury was present this term and indicted Jonas Stapleton, not of Weare, for stealing the goods of Nahum Baldwin. Our good people were filled with admiration at the mild sentence our wise justices of the Court of Sessions gave him. They ordered that he should be whipped twenty stripes on the naked back at the " publick whipping-post, between the hours of one and two in the afternoon of this third day of October, and that he pay costs of prosecution, taxed at £5 3s. 10d., pay Baldwin, the owner of the goods stolen, £44 lawful money, being two-fold the value of the stolen goods (they having been returned), and in default thereof said Baldwin was authorized to dispose of said Stapleton in servi- tude to any of his majesty's subjects for the space of seven years, to commence from this day, and that he stand committed till sen- tence be performed." Of course Weare sent very few criminals after such a sentence, to this court, and all the other towns stood in awe.

The Court of Sessions, at the June term, 1773, made a decision that greatly aroused the ire of Weare as well as the other towns in the county. The facts were these : in September, 1772, John Holland of Amherst, a deputy sheriff, brought an action against Joseph Kelley of Nottingham West, now Hudson, returnable at the October term of the Court of Common Pleas, and put him in jail. At the court, Kelley, by his attorney, Stephen Scales, asked that he might be let out to try his case, or that it might be continued.

The court would not grant the request. Kelley was defaulted and judgment was entered against him for £83, debt and costs.

165

COURT OF SESSIONS.

1773.]

Kelley thought this was unjust, and Oct. 14th, with the connivance of the officers, it was said, made his escape.

The plaintiff, Holland, who, as deputy sheriff, should have kept Kelley safely, applied to the Court of General Sessions to pay him his judgment, £83, "out of the Monies of the Freeholders and other Inhabitants of the county," and the court ordered it paid.

Whereupon, the towns remonstrated, asked to be heard, and to have an opportunity to state with evidence the "Notorious Facts" in the case. They also asked the court to reconsider the grant to Holland and direct the treasurer not to pay it.

The agents of twenty-two towns, having received their instruc- tions by vote of the citizens, signed the remonstrance. Jonathan Dow and Samuel Philbrick were the agents for Weare, and were chosen committee-men, Aug. 9, 1773, to meet with the other com- mittees sent from the various towns, " to consult about that money which is like to be paid upon the account of Capt. Joseph Keeley's escape out of the Gaol."

The court considered the remonstrance, discussed it among them- selves, took counsel, and then, Aug. 18th, voted not to revoke the grant and to dismiss the remonstrance. At. the present time this action seems strange. Just think of it : the county paying the debts of all debtors who, by the aid of the officers, might break jail.

Weare was as much dissatisfied with the last decision as with the payment of Holland's judgment out of the county's money, and Nov. 1st, chose Lieut. Samuel Caldwell an agent to meet the agents of the other towns in the county, and petition the legislature to stop the payment. The agents met, the petition was drawn and signed, it was sent to the General Court, but what became of it we have never learned.

The records in all these courts began with " Anno Regni Regis Georgii Tertii," the writs were signed in his majesty's name, and the sheriff in opening and closing the court finished his proclama- tion with "God Save the King."

The Probate Court was for settling the estates of persons de- ceased, appointing guardians for minors, spendthrifts and insane persons, and for the transaction of various other kinds of business. Col. John Goffe was the first judge of probate, and Joshua Atherton the first register. Weare has always had much to do with the Pro- bate Court ; for her citizens, like all the rest of the world, are continually dying, and their estates must be settled.

166

HISTORY OF WEARE, NEW HAMPSHIRE.

[1765.

CHAPTER XVI.

ADDITIONAL SETTLERS.

SETTLERS came slowly for the five years following the incorpora- tion ; only a few families each year. In 1770, there was a great influx of Quakers, who settled about Weare Center, and after that there was a steady flow of immigration until the population became the largest of any town in the county.

JONATHAN PEASLEE, from Newton, came in 1765 and settled on lot five, range five, north of Barnard hill. His mother, Mary Gove Peaslee, gave him the land. He built his cabin on the highest point, and cleared, the first season, about four acres, in a circle around it. The land sloped in every direction from his buildings. He afterwards planted this, with the exception of a piece for a garden, with apple trees brought from Newton on the back of his horse. His wife, Sally Carr, set out one tree, always cared for it, calling it her own, and it bore the best fruit in the orchard. Mr. Peaslee lived here till 1790, then moved to the school lot, where he resided ten years, when he went to Bolton, Canada, and spent the rest of his days. In 1829, some of the apples from Mrs. Peaslee's tree were carried to her in Canada, and she expressed as much joy at the sight of them as she would at meeting any of her old friends. Many of the trees in this orchard are still in good bearing condition.

EBENEZER MUDGETT, " merchant," from Hampstead, moved to Weare early in 1765. He bought, of Jeremiah Allen of Weare, lot thirty-six, range one, lately owned by John Jewell, also sixty acres of lot thirty-seven, commencing on the north end of William Dus- tin's land, the south half formerly owned by Caleb Emery, the north half by Aaron Quimby, with all the buildings, for £5,600 old tenor. His house stood about one-third of a mile west of Otter brook, and he was the leading actor in the " Pine Tree Riot."

JOHN TILTON bought lot ninety-nine, range seven, of Richard Clifford, for £250 old tenor, and built his cabin on the north end of Page hill, where Isaac J. Walker now lives. David Tilton, his brother, 1766, lived on the plain, north, but owned no land .*

* Others who came in 1765, were : JESSE JOHNSON, who paid a tax of three pence, was an "insine" in the military company, and in a few years moved to Enfield, where he was a prominent man. CORNELIUS BEAN, DAVID EATON and JOHN ORD- WAY or ARDWAY, each of whom paid a tax of one shilling. TIMOTHY CLEMENT, who paid a tax of two shillings, perhaps the son of Jonathan Clement, living at home, and STEPHEN COBEN, a pauper from New Boston, who was warned out of town.

JOHN COLBY, of Hampstead, settled on lot 11, range 2.

167

SAMUEL HOVEY.

1766.]

ELDER SAMUEL HOVEY came in 1766 with his sons Simeon and Levi, and settled on lot sixty-eight, range three, on Barnard hill. They soon had a good farm, and the Elder became quite a promi- nent man. With Elders Pelatiah Tingley and Hezekiah Smith, he founded the first religious society in town. Elder Hovey was always slightly averse to performing much physical labor, and some- times found himself lacking the necessaries of life. He was a strict Sabbatarian, in favor of enforcing the most rigid discipline, and was famous at churching wayward church members. But one cold Sabbath he was found with his horse in the forest getting a load of fire-wood. He was called to account for thus violating the holy day, but he cleared himself on the ground that he was exercising his horse, a work of necessity, to keep it from being sick. In 1777 his son Simeon sold the place to Tristram Barnard of Amesbury, and for him Barnard hill was named. Tristram's son, Edmond, settled on the west side of the lot, towards the north end.

WILLIAM WHITTAKER, from Hampstead, built his house on lot fifty-two, range one, just north of Bond Little's place and east of the Peacock, where he lived till 1804. He was out in the French and Indian war and also was a soldier in the Revolution.

JEREMIAH PAGE of Kensington settled, in 1767, on lot ninety, range seven, Sugar hill. His father, Judge Benjamin Page, bought the land for him of Benjamin Lynde of Salem, Mass., for £30, or one hundred Spanish milled dollars. Our settler built his house on the west side of the lot, north of the present road, and near where Bradford Bowie now lives. In 1783, he moved to Dunbarton, where he resided several years, and then followed the great throng of emigrants to Canada. A half-dozen more new-comers came this year .*

BENJAMIN CONNOR, a tanner, from Seabrook, in 1768, settled on the south end of lot three, range five, building his house on top of the hill,

* JOSEPH HADLOCK, from Kingston, with his family lived for a long time on lot 37, range 1, a little east of Meadow brook. He was a hunter and caught many otter. ADONIJAH FELLOWS bought the north half of lot 18, range 6, of John Darling, and with his family went there to live. It was on the long south slope of Sugar hill.

THOMAS EVENS built his house on the south half of the same lot. He was a ship- carpenter.

DANIEL ROWELL, from Kingston, took up his abode on the adjoining lot 19, range 6, at the north end.

JACOB STRAW, of Salisbury, Mass., went to Sugar hill, and built his house near the middle of the east side of lot 93, range 7. In company with William Rowell, he built a saw-inill, 1767, on Cilley brook that ran through his land. They had two ponds to get a supply of water. Abner Hoit, of Hopkinton, was the mill-wright.

SAMUEL STRAW, brother of Jacob, bought of liim twenty-seven acres on the northi end of the same lot, and built his house where is now the Merrill place. The first house was thirty rods south of the present one.

168

HISTORY OF WEARE, NEW HAMPSHIRE.

[1768.

by the old road from South Weare over the east slope of Mount William to the mill privilege. He bought the whole lot, except the twenty acres on the north-west corner kept for the mill, of John Moffatt, one of the Robiestown proprietors. He set out, near his house, many apple trees; they were thrifty, long-lived, and are known to this day as the Connor orchard. Soon after, he built a new house on the south-west corner of his lot and moved there. He also had a tannery near by, where he carried on the business for several years. His brother, John Connor, a blacksmith, soon came and moved into his first house on the hill. John had his shop down near his brother's new house, and made nails by hand. He said he could always tell when the days grew longer or shorter, as he could make one nail more or less each day. He once brought a large keg of rum to town, invited all his friends to help drink it, and they held high carnival while it lasted. Benjamin Connor dis- posed of his property, in 1784, to Ebenezer Peaslee, moving to Kensington, and his brother left town soon after.

ELIJAH PURINGTON, from Kensington, 1768, settled on lot thirty- eight, range five. He was one of the first Quakers to come to Weare, and the next year, 1769, was one of the selectmen. On his farm, where is now the trotting-park, was a pond of several acres. The people heard strange noises there, so dug a ditch and drained the pond to see what caused them, but they never found out. The remains of the ditch are still to be seen. His farm has since been owned all the time by Elijah Puringtons, his descendants.

JONATHAN Dow, from Kensington, 1768, another Friend, settled on lot thirty-seven, range five, a little north-west of Weare Center, where Edward Page now lives. He was a man of good ability, a Quaker preacher, one of the selectmen, the representative in the General Court and a member of one of the early constitutional con- ventions where he took an active part against the continuance of slavery and the slave trade.

JEDEDIAH Dow, from Kensington, a Friend, and own brother of Jonathan, 1768, settled on lot thirty-five, range five, where Zepha- niah Breed now lives. He was a first-class blacksmith, kept a neat account book, now in the hands of Ezra Dow, was selectman and the grandfather of Gen. Neal Dow, the great apostle of temperance at Portland, Me. It is handed down that he once set out for a large rock in a pasture near by, his dog following him. When he had nearly reached it the animal pulled him back and he turned

169

JOHN WORTH.

1768.]

toward his house; the next moment he started again to go on his business, but the dog once more pulled at his clothing, this time violently, and made him go home. He afterwards learned that a hostile Indian was lurking behind the rock to shoot him, and the dog no doubt saved his life.

JOHN WORTH, 1768, settled on lot fifty-six, range three, west of Mine hill. He was a prominent member of the Baptist church, the second representative from Weare to the Great and General Court, held several town offices and took an active part in the Revolution. After the war was over he sold his farm to Philip Sawyer, from Newbury, Mass., and disappeared from our history. Ten other families came this year .*

ITHAMAR EATON, from Plaistow, bought, 1767, his land lot ninety- two, range seven, "in Robietown," of William Rowell of Kingston, for £120 lawful money, and in 1769 built his house on the north side of Sugar-hill road. His sitting-room windows commanded a mag- nificent view. Mr. Eaton was a man of fair ability and popular with his townsmen. He was a soldier in the Revolution, held the office of selectman many years, represented his town in the legislature and was one of the pillars in the old Congregational church. Three other settlers came this year.t

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The history of Weare, New Hampshire, 1735-1888, Part 19

Author: Little, William, 1833-1893. cn Publication date: 1888 Publisher: Lowell, Mass., Printed by S. W. Huse & Co. Number of Pages: 1240

Author: Little, William, 1833-1893. cn
Publication date: 1888
Publisher: Lowell, Mass., Printed by S. W. Huse & Co.
Number of Pages: 1240