USA > Vermont > Orleans County > Biography of the bar of Orleans county, Vermont > Part 18
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That he has not succeeded as a mere jury advocate, in the popu- lar sense of the term, is doubtless attributable to an extremely ner- vous temperament, a natural diffidence, and that he had never sedulously cultivated the graces to the detriment of what he doubt- less believed to be the more solid attainments of a lawyer, and yet he always commands the attention of juries, because of the strength of his convictions, and no doubt if he had been possessed of a much greater confidence in himself his success in this direction would have been much greater. Besides what has been already written, this sketch would not be complete without a reference to his grim sense of humor, which in his dry, caustic manner, has lightened up many a time the tedium of the discussion of a dry legal topic, or in the transaction of court business, has convulsed the bench and bar with merriment, and whenever the exigencies of the time seem to demand it, he has a way of "setting out things," and particularly of "setting up" the attorney on the other side that will cause him to wince as if under a thumb-screw, and in this respect he is no respecter of persons, and is thoroughly impartial in his judgments. For the last few years Mr. Bates has paid more attention to agri- cultural pursuits than the practice of the law.
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WILLIAM G. BATES.
W ILLIAM G. BATES, the son of Lewis C. and Lucy Ann Bates, was born at East Charleston, Vt., July 18, 1833. His education was obtained at the common school and academies of his native county. When not in school he spent the most of the time until his majority working as salesman or book-keeper for merchants at Rock Island, P. Q., and Montpelier, Vt.
This life not being congenial to his taste, he decided to study law, and in pursuance with that decision he entered the office of Jerry E. Dickerman at West Charleston, and was admitted to the bar of Orleans county at the June term, A. D. 1858, and in the spring of 1859 went to Elkhart, Logan county, Ill., where he located for the practice of his profession.
At this time the land and loan business was quite a share of every attorney's business in this new country, and was quite lucra- tive. After a short time Mr. Bates found this branch of the busi- ness was taking his whole time and attention, and this was true when the war of the rebellion broke out. Mr. Bates was among the first to raise a company of soldiers of which he was a member, but upon examination was rejected for physical disability. Twice after this, during the war, he assisted in raising a company for different regiments in Illinois, and at both times was anxious to take his place among them, but was rejected for the same cause as before. In October, 1883, he removed to Baxter Springs, Kansas, where he now resides. Mr. Bates has always been an ardent republican, hav- ing cast his first vote for J. C. Fremont in Springfield, Ill., Abraham Lincoln going with him to the polls and vouching for him. Mr. Bates was married January 1, 1861, to Sophronia C. Lawrence, who deceased in 1867, leaving three boys. January 9, 1870, he was again married to Mrs. Mary B. Dunbar of Charleston, Vt., by whom he has one child, a daughter.
BENJAMIN H. STEELE.
B ENJAMIN HINMAN STEELE was born in Stanstead, P. Q., February 6, 1837, eldest son of Sanford and Mary Hinman Steele. He never was very robust or hardy, "although enjoying ordinary health;" his make-up was of the slender, intellectual type.
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At six or seven years of age he began to show great mental activity ; from that time he was rather a silent, thoughtful boy, much by him- self, not seeking the society of others, yet drawing them to him by his peculiar manners. He was quite social, but only when sought. He had a clear analytical mind, and when a boy could state his propositions with remarkable clearness, skill and force, often elicit- ing expressions of surprise and admiration by the manner he would vanquish older debaters at the village lyceum and elsewhere. His primary education was obtained in the district school at Derby Line, and his course preparatory to entering college in the acad- emies of Stanstead and Derby. He was a ready scholar, and pro- gressed so rapidly as at the early age of fourteen to conduct as teacher an advanced winter school at Smith's Mills in Stanstead. After this he taught each winter for six years one at Derby, one in Troy, three in Concord, Mass., and one at Derby Line. When fourteen years of age he spent a few months at the college of St. Pierre, town of Chambly, P. Q., for the study of the French lan- guage, and to the end of his life spoke it fluently. In 1853 young Steele entered Norwich University, thinking to graduate there, but at the end of two years closed his connection at Norwich and became a member at Dartmouth, entering the sophomore class of 1854. His course at Dartmouth seemed to have been specially successful, for we learn that throughout he ranked with the fore- most of his class. At the age of twenty, in 1857, he graduated the equal, if not the acknowledged leader of his class in intellectual attainments. In the autumn of the same year he entered the office of the late Hon. John P. Sartle of Barton, and there continued the study of law, which he had before this time, during his leisure time, pursued, doing double work as principal of Barton Academy and law student, but this burden was too much for him to bear, and he was soon prostrated with sickness, and had to suspend both school and the study of the law. On his recovery he went to Cambridge, Mass., with the purpose of pursuing his studies at the law school there. After remaining a while there he attended the supreme court as a spectator, and was by his friends urgently advised to apply for admisaion. The court was presided over by Judge Met- calf. He offered himself, and after a very thorough and lengthy examination he was recommended by the committee in the highest terms, and was then admitted to the Suffolk county bar, and at
Amy It Stale
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the age of twenty-one years returned to Vermont, and after spending some time in the office of Sanborn & Brooks, Sher- brooke, P. Q., in the study of Canadian law, he was at the July term, 1858, admitted a member of the Orleans county bar, and at once began the practice of his profession at Derby Line. In the practice of his profession he was eminently successful. He grew rapidly as a lawyer, and was universally popular with clients and the people.
Hon. George N. Dale, in an address delivered at Derby Line, February 19, 1874, on the life and services of Judge Steele, said of him : "Having just attained his majority, he went to the bar of Orleans county, where the thoroughness of his attainments was to be tested at a bar which would compare favorably with any other in the state, among the members of which were Redfield, Colby, Ed- wards, Dickerman, Prentiss and Cooper, and in the town with him the accomplished Sheafe-the first two of whom were among the best, if not the best special pleaders in the state. He almost imme- diately took high rank, and soon became the peer of any lawyer in the state.
His pleasing address and enthusiastic manners brought him friends and business, and when it came he did not give it a superficial glance and go to court with it as upon a venture, but he spared himself neither night nor day until he had become acquainted with the nature and details of the case, and had applied the law to it. He did not have a confused idea of the facts in the case, but had them in good arrangement and held them in an iron memory. Located as he was, his command of the French language was of immense value to him. He would sit for hours poring over laws in that language, drinking from the fountain head those principles and the history of their origin, which he was daily applying to his cases. He could listen to the story of a poor French client who had in vain attempted to tell his wrongs to the rest of us, and who had till then been shut out from our laws by that veil between the two languages, which seemed to envelop his humble business relations in hopeless darkness.
He could thus instantly pour a flood of light into the mind of the poor client. The expression of satisfaction on the face of the coun- sel, and of gratitude from the client, was a picture worth years of toil to be able to produce.
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He had a very influential presence and great personal influence. If the current was against him in any trial, he had great power in resisting it and turning it to his favor, so that if he would, if not convinced, al least, secure a respectful hearing. In speaking he did not study ornament so much as clearness and force, but his style was naturally elegant and polished. He never indulged in low bil- lingsgate, but if called upon to meet it he would do it with a keen sarcasm that was effectual as it was healthy, but always free from vulgarity. To say that he was not bitter and severe would not be true, but it was never expressed in low or vulgar language.
He never attempted the grand in his arguments, but very fre- quently he would involuntarily indulge in passages of absolute sub- limity. His purpose seemed to be to go to his work in the most practical, plain, yet forcible and effectual manner. He would illus- trate his points with sharp sallies of wit, but he rarely indulged in anecdotes. This resulted from no want of good humor, nor from a want of capacity to relate them, for away from court he would pro- voke constant mirth and laughter for hours by his inimitable man- ner of relating them, almost always selecting those illustrating the men and times just past-men whose style and manners he did not ridicule, but whom he could imitate with wonderful accuracy. He was far from being wilful, but when he formed his opinions he would defend them with a skill and courage which were admirable. His character was positive.
He would defend propositions he deemed correct with a true spirit and an immense resource of reasons and illustrations, always impressing his audience with his originality. On one occasion a well-informed stranger sat in the rear while he was addresring the jury. He stated three or four propositions with marked clearness and force, and urged his reasons for their adoption, and the stranger remarked, 'How exhaustive and clear! He has stated all that a man can in relation to that part of his case.' But the pause was over, and the advocate was declaring 'Gentlemen, this would indeed seem sufficient and conclusive, but I have a reason more potent than all this.'
The surprise he had shrewdly created by seeming to exhaust the subject and then suddenly springing in the important part, riveted the attention of the court, jury and bar to see what it could be. He then proceeded to state the most important proposition by far
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in the case, and to fortify it by an ingenious arrangement of rea- sons and arguments, so that when he had concluded his argument on that branch of the case, his new-born admirer exclaimed, 'What a fertile brain ! immense resources! He does not look like it, but how he does talk !'
He appealed to the reason of the jury-seldom to their passions or sympathy. Yet, when it became material, he could describe the weakness of poverty with marked success. On one occasion it was urged that his client, an old man, ought to understand, and did understand and consent to a most unconscionable agreement. After describing his client's incapacity from age in a most touch- ing manner, he added: 'And now, gentlemen, to say that this man, whose foot falls so slow and uncertain on the ground, and to whose ear the sounds of earth are so far off, whose nerves are unstrung by the oppressions of the plaintiff (his own son), whose intellect is clouded, and whose sight is growing dim-to say that he shall be entombed in his old age in such a contract, is harsh indeed, yes, intolerable.' I refer to this with no hope of reproduc- ing the effect, but only to show the style. He was never idle. As he grew older in practice he became more social. He would read his books or talk with a friend until near morning, about his cases, the history and the practice of the law, the court-room, and the names and characters of those who had made courts revered, use- ful and interesting.
He would listen to and develop in his mind his client's case with a zest and thoroughness that was not engendered by passion or hope of gain for the rich, and the poor received like treatment. He would so thoroughly prepare the law propositions bearing on his case that when in court he applied them, and he would do it with masterly analysis and a clear recollection of cases. Thus did he secure the confidence of the court, and commend his case to most favorable consideration."
Mr. Steele was not an active politician in his earlier years, only having held the office of postmaster at Derby Line during President. Lincoln's administration, until he was appointed judge of the su- preme court. He, however, did some political service in the inter- est of his friends. In 1864 when Hon. Portus Baxter received his second nomination for congress, it was arranged that Benjamin H. Steele should present the name of his friend and townsman for
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renomination. The convention was a mass convention, and was large and noisy with enthusiasm. Young Steele's words soon com- manded attention, and his speech is remembered by all who heard it, and is often reverted to as a model of brevity, pure English and eloquence. In November, 1865, he was appointed by Gov. Dilling- ham to the supreme court bench, to fill the vacancy caused by the appointment of Judge Luke P. Poland to a place in the United States Senate, made vacant by the death of Senator Collamer.
Only twenty-eight years of age, he was the youngest man ever appointed to the bench of Vermont. He entered upon the duties of the office amid the anxiety of his friends for that reason, but it was soon allayed. He gave proof at once of his fitness for the high position. What many other and older men have obtained by hard study and experience, he seemed to have by intuition. His manner was always dignified and kindly. "Perhaps if the Vermont bench ever knew a man who laid justice to the line and judgment to the plummet " it was Judge Steele. His "charges" were excel- lent samples of clearness, brevity and method. His supreme court opinions are among the clearest and ablest in our Vermont reports. He held the position of judge until 1870, when much to the regret of all he declined a re-election. During his judgeship he removed to St. Johnsbury, and on his retirement from the bench he removed to Hartland, where his home was at the time of his decease. In 1870 he was appointed a member of the state board of education, of which he was a valuable and influential member. In 1872 he was chosen by the legislature one of the trustees of the state library. In the presidential campaign of 1872 he took an active and efficient part. He was elected one of the delegates at large to the national republican convention at Philadelphia. At that convention he was appointed one of the committee on resolutions, greatly aiding in preparing the platform of principles, several of the most important declarations having been written by him and adopted by the con- vention without change. After the convention he entered zealously into the canvass, speaking and laboring until Grant and Wilson were elected. Urged by his numerous friends, he consented to become a candidate for the congressional nomination in the second district against Judge Poland. The contest was close and exciting, Judge Steele being defeated by a bare majority in the convention. His defeat did not diminish his labors, but he went into New
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ยท Hampshire and labored untiringly and effectively until the close of the presidential campaign. Always of slender constitution, and troubled considerably with a serious catarrhal difficulty, constant speaking brought on bronchial inflammation. In March he went to New York for medical treatment, and for a time was thought to be improving. But growing worse, in May he returned home to Hartland, and in a few weeks started for Minnesota, hoping that climate might benefit him. He stopped at Fairbault, and for a time felt he was improving. but he soon had several attacks of hemor- rhage, and died on Sunday, July 13, 1873. Judge Steele was mar- ried in 1861 to Martha F. Summer of Hartland, who with two children, a daughter Mary aged ten, and a son David aged two, at the time of his decease, survive him. His funeral was largely attended by the prominent men of the state.
EDWARD A. STEWART.
E' DWARD A. STEWART was born in Brownington, Vt., June 13, 1834. His father, the late Thomas C. Stewart, was one of the prominent and influential business men of Brownington, spend- ing almost his entire life and resting in death in that town, as was also his grandfather, Amherst Stewart, one of the pioneers of the town, having settled there as early as 1802. His mother was Emily Brigham, daughter of Silas Brigham, also a pioneer of the town. Judge Stewart's early life was spent working in his father's store and on the farm, and attending the school of his native district, Brownington Academy and Derby Academy, where his education was obtained. When he was twenty years of age, desirous of see- ing something of the world, and anxious to get away from home as most boys are early in life, he went to Boston and obtained employ- ment in the Quincy market. He was soon convinced that the goal of life for him was far from attained even if he was in the city of Boston. Hence at the end of twenty months he returned home and entered the office of John L. Edwards at Derby for the study of the law, and was admitted to the bar of Orleans county at the June term, A. D. 1858, and at once formed a copartnership with Mr. Edwards, and practiced law at Derby until 1862, under the firm name of Edwards & Stewart. After this he continued alone
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in the practice of the law until 1865, when he was elected judge of probate for the district of Orleans, which office he acceptably held until 1876. Judge Stewart was assistant clerk of the Vermont house of representatives during the years 1860 and 1861, and clerk of the house for 1862 and 1863. In January, 1872, Judge Stewart formed a copartnership with D. M. Camp of Newport, and they published the Express and Standard at that place until April, 1881, when this relation was dissolved, and Mr. Camp continued the pub- lishing of the paper. From that time to the present Judge Stewart has been engaged in the insurance business and the settlement of estates, for which he is peculiarly adapted, and has been very suc- cessful.
As a lawyer Judge Stewart had acquired by close attention to business, a good degree of success when he was elected judge. As a judge he was always self-contained, of patient and courteous bearing with all those who have grievances to bring before the judge of probate. He discharged the duties of his office without ostentation, and giving general satisfaction. As a man and citizen he is always affable and genial, possessing that plain style and mat- ter of fact directness of purpose, and that modest and unobtrusive manner to be expected in one who, like him, has an utter contempt for all shams and mere pretense. He is a member of the Newport Congregational church, for which he is a constant and zealous worker. He was married in 1860 to Lucy Jane Kelley, and they have had four children, two of whom are still living-Emma Lydia and Kate Maria.
WILLIAM W. GROUT.
By GEORGE H. BLAKE.
W TILLIAM WALLACE GROUT was born in Compton, Prov- ince of Quebec, May 24, 1836. His ancestry is traced back in New England to as early a period as 1640, and the record shows that in each generation the Grouts were distinguished for push, strong common sense and integrity. They held various offices, and occupied prominent places in their different spheres of life. From Massachusetts they found their way into New Hampshire, as the new country opened up, and Theophilus, grandfather of William W., came to Vermont in 1792 and settled in Kirby. Josiah, father
William W. Shout
Metropolitan Publishing & Engraving Va Boston.
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of William W., was born in Kirby and resided there most of his life, though he spent a few years in Canada. William W. was the second son in a family of ten ; his mother was Sophronia Ayer, an intelligent, estimable lady of Scotch-Irish descent, whose marked characteristics were transmitted to her children.
William W. Grout, like other Vermont boys, had a fair opportu- nity to attend the common schools, but was ambitious to obtain an education, and hoped to enter one of the professions. He spent his leisure hours in reading and study, and later procured a good academic education. Having decided upon the profession of the law, he entered the law school at Poughkeepsie, N. Y., where he graduated in 1857. Returning from school, he entered the law office of Hon. Thomas Bartlett of Lyndon, to spend a few months there, and was admitted to the bar in Caledonia county in Decem- ber of the same year. The next year he went to Barton and formed a copartnership with Geo. Tucker, Esq. The town at that time was the terminus of the railroad and the business center of the county. Several lawyers resided there, and the bar of the county was hon- ored by many members then and afterwards distinguished. The young lawyer was pitted against older lawyers than himself in his own town, and against John P. Sartle, an antagonist who was very jealous of his own standing, and imperious in his bearing and con- duct. Local litigation soon gave young Grout opportunity to show what material he was made of, and many well remember the fierce battles that were fought in justice courts when Grout and Sartle were engaged as counsel. Here Mr. Grout began to display that good common sense, unfaltering courage, and indomitable perse- verance which have ever been the elements of his success. His practice in the local courts increased, and he soon took respectable standing at the bar, both in Orleans and Caledonia counties.
In 1862 he was nominated for state's attorney by the republicans of his county, but he declined the nomination, having decided to enter the army. He recruited a company in Barton, and at its organization was chosen captain. When the line officers met to choose field officers, Capt. Grout was chosen lieutenant-colonel of the 15th Vermont Regiment. The regiment was immediately sent to Virginia, and did much marching and picket duty through the winter, camped and tramped all through the guerilla country, and participated in the Gettysburgh campaign ; yet it was singularly
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fortunate in escaping the perils of battle. Col. Grout made an active and efficient officer, and was foremost in seeking the place of danger ; he won the confidence of the officers and the esteem of the rank and file of his regiment. The delicate health of his wife for- bade that he remain longer from home, and he was mustered out with the regiment in August, 1863, and returned home to resume the prac- tice of the law. The next fall the legislature created a state mili- tia, and Col. Grout was chosen brigadier-general. During the same year he was elected state's attorney, and held the office two years. The somewhat celebrated Baxter-Hoyt campaign for member of congress occurred at this time, and Gen. Grout, having espoused the cause of Mr. Hoyt, made some enemies, who fought him in pol- itics long afterwards. He was elected to the house of representa- tives in 1868, and his town paid him the high compliment of sending him to the legislature three successive years. His career in the legislature was marked by a faithful attention to business, a careful regard for the interest of the common people, and a war against the Shylocks who were trying to raise the rate of legal interest above six per cent. He was chosen a delegate to the national con- vention which first nominated Gen. Grant for the presidency. In 1874 Gen. Grout was again sent to the lower house of the legisla- ture, and in 1876 he was chosen to the senate, where he was made president pro tem of that body. Two years later, after a very sharp political canvass, he was nominated for Representative to Congress over Bradley Barlow. The nomination was bolted by Mr. Barlow. A fusion was made with greenbackers and democrats ; money was freely used in the campaign, and Gen. Grout was defeated. The injustice of the act was felt all through the state, and the refluent wave of favor was such that in 1880 both friends and former political enemies made haste to right the wrong, and he not only received an almost unanimous nomination, but a triumph- ant election to the Forty-seventh Congress. As a first-term member in the house of representatives he began his work under disadvan- tages, but the Congressional Record shows that he was neither an idle nor a silent member. Among the most important measures which he advocated in this congress may be mentioned the creation of a cab- inet officer for the head of the agricultural department, the Geneva Award, the American shipping bill, the North Dakota Territory bill, and a bill on French spoliations. During the full term of his
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