USA > Vermont > Washington County > Gazetteer of Washington County, Vt., 1783-1889 > Part 13
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Luther Newcomb, the intimate personal friend of C. W. Willard and so long an excellent clerk of our courts, though never admitted to the bar, should here be noticed. He was the son of Dr. Luther and Lucretia (Martin) New- comb, of Derby, and was there born, April 10, 1826. His father dying when Luther was five, the boy staid with his mother till he was eleven, when he came to Montpelier and was " brought up " by Judge I. F. Redfield, with whom he read law. He was clerk of the court from 1857 to his death, and had been Mr. Wheeler's deputy from 1849. He was a model officer, and a man whose friendship I am very glad to believe I had. He married, June 25, 1857, Amanda, the only daughter of Gen. Stephen Thomas, who with their three children survives him. He died of Bright's disease, January 2, 1876.
DAVID NELSON BURNHAM, of Northfield, son of Luther S. and Lucy (Nel- son) Burnham, and a brother of Mrs. James N. Johnson, was born in Orange in 1825. He read with F. V. Randall, and was admitted September term, 1853. He went at once to Chicago and died there in September, 1855.
NATHAN LORD, JR., brother of Rev. W. H. Lord, D. D., was born at Hanover, July 17, 1831. He read law with Millard Fillmore, at Buffalo, and with F. F. Merrill, and was admitted September term, 1854. He practiced at Cincin- nati and went into the railroad business. He was colonel of the 6th Vt. Vols. from 1861 to February, 1863, when he returned to Ohio and died there a few years ago.
HENRY ASHLEY PARTRIDGE, son of Oramel and Lucy (Capron) Partridge, was born in Randolph, November 27, 1827. He was admitted September term, 1854, as of Waterbury. He practiced a short time in West Randolph, went to Minneapolis, went to the war, and back to Minneapolis, where he died some years after the war. He was a brilliant young man, but fell into unsteady habits.
WILLIAM PENN BRIGGS, an uncle of Senator Edmunds, was born in Adams, Mass., in 1793, settled in Richmond in 1826, continued there as lawyer, far- mer, and business man, except four years in Tyler's time, when he was collec- tor of customs, till 1854, when he moved to Montpelier, where he died
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September 20, 1861. He was a man of acute mind, a skillful lawyer, and of sarcastic, pithy speech.
JAMES N. JOHNSON, of Northfield, son of James W. and Lydia (Harvey) Johnson, was born at Northfield, September 4, 1833. He was educated at Northfield and at South Woodstock, read law with F. V. Randall, and was admitted September term, 1854. He began practice in 1856 in Chicago, where he remained three or four years and then returned to Northfield, where he has been in active practice since. He is entitled to a patent on his method of statement, but has never taken one out because no other living man could work it successfully. I shall always remember his getting away with me in the Supreme Court on a question of "contingent remainder." He has gone along steadily, getting his share of business and taking good care of it. He says : " I am a Democrat the whole length of my backbone." His back- bone will never bend. He married, April 3, 1858, Eloisa, daughter of Luther S. and Lucy (Nelson) Burnham, of Northfield. His son Luther B. was born in 1869.
GEORGE M. FISK, of Northfield, son of David and Sarah (Reed) Fisk, was born in Wolcott, June 7, 1830, read law with H. Carpenter and at the Poughkeepsie Law School, and was admitted to Washington County bar in 1854. He always practiced in Northfield, represented the town in 1863, was a prominent Democrat, and a delegate to St. Louis in 1876. He had by nature a strong legal mind. He was president for some time of the North- field Savings bank. He married Jane E., daughter of James and Annis A. Nichols, in 1856. He died in 1888.
IRA Y. BURNHAM was a practicing attorney in Northfield in 1855 and 1856.
GEORGE TUCKER, son of Samuel and Alma (Rice) Tucker, was born at Claremont, N. H., June 16, 1825. His folks moved to Northfield, he at- tended Norwich University, read law at Montpelier, was admitted, is given as being an attorney in Northfield in 1856 ; went to Barton and became a part- ner of W. W. Grout for a year before the war, when he went South as cap. tain of Co. D, 4th Vt., resigned, lived in Alexandria, Va., and Washington City till he went to Colorado in 1880, where he died in Canon City, May 22, 1885. See Baldwin for a longer sketch.
COLUMBUS FLOYD CLOUGH, of Waterbury, son of Thaddeus and Clarissa (Morse) Clough, was born in Stowe, June 28, 1833, read law with Paul Dil- lingham, and was admitted March term, 1856. He practiced at Waterbury till June, 1861, then in Waitsfield till October, 1867, when he returned to Waterbury, where he has since practiced. Mr. Clough, though engaged in other business than the law, has always kept his share of practice and fre- quently appears in jury trials. He married, July 29, 1861, Persis L., daughter of Charles S. and Nancy Allen, of Waterbury Center.
GEORGE N. DALE was born at Fairfax, February 19, 1834, and the family moved to Waitsfield that year. Hard work and poverty were the lot of his
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youth, but at thirty-six he was lieutenant governor of the state. He read law with Dillingham & Durant and was admitted March term, 1856. He began practice at Waitsfield, but in December, 1856, went to Guildhall, and in June, 1861, to Island Pond, where he has lived, except two or three years when his family lived for a time in Montpelier. He lived here in 1884. He has held a number of official positions, but none of them as large as the man himself. He is a born orator and withal a good lawyer. He was president of the Vermont Bar Association in 1885-86. The Governor is fortunate and happy in his family. His son Porter H. went West after attending school in Montpelier.
D. S. MORSE was admitted March term, 1856.
WILLIAM H. BALDWIN, of Montpelier, was admitted September term, 1856.
EDEN SPROUT read law with J. A. Wing in Plainfield and was admitted March term, 1857.
JOEL C. C. WINCH was born in Northfield, was admitted from there March term, 1857, and before, or soon after, beginning practice went to Texas, where he died within the last ten years.
NELSON A. TAYLOR, admitted in Orange county, June term, 1857, opened an office that year in Waitsfield and went to Barre in 1859, where he re- mained somewhat more than a year, and then came into the firm of Wing, Lund & Taylor in Montpelier. He was quartermaster of the 13th Vermont Regiment, and before many years went to Council Bluffs, Iowa, and went into trade.
H. F. ADAMS was an attorney in Waterbury in 1857 if the Register is cor- rect.
BENJAMIN FRANKLIN FIFIELD, of Montpelier, son of Orange and Melissa (Nelson) Fifield, was born in Orange, November 18, 1832. He graduated at the U. V. M. in 1835, read law with Peck & Colby, and was admitted March term, 1858. When Mr. Colby, in 1864, became register of the treas- ury, Mr. Fifield became Mr. Peck's partner. On the death of Mr. Peck, in 1866, Mr. Fifield succeeded to the business of the firm which included the general conduct of the Vermont Central Railroad's legal affairs. The com- plications consequent on the adversities of the various investors in the securities of the Central and lines controlled by it were so great for the six- teen years succeeding Mr. Peck's death, that Mr. Fifield's civil practice be- came mainly centered in the Central litigation. In this litigation he main- tained himself as an acute and inventive corporation lawyer. Mr. Fifield was appointed U. S. district attorney in 1869, and held the office until elected representative of Montpelier in 1880. As district attorney he had charge of the legal machinery preventive of further prosecution of the Fenian invasion of Canada, and of many important criminal prosecutions growing out of the defalcations in the customs department. Important cases for false imprison- ment and the like were still on the docket against U. S. officers, who had, during the war, carried out the orders of the government as best they could.
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The United States had to defend these cases and Mr. Fifield had charge of the defense. Mr. Fifield's papers and arguments, while he was district at- torney, of themselves would have placed him among the leaders of the bar. He was president of the Vermont Bar Association in 1883-84. He married, January 4, 1865, Lucy, daughter of Erastus Hubbard, of Montpelier. They have three daughters.
GEORGE C. MOORE was admitted March term, 1858, and practiced in Barre about a year. A Rev. George C. Moore, Jr., is described in Hemen- way, vol. 4, p. 64, as a son of Dea. Moore, of Berlin, and as going to Texas and dying at Victoria, Tex., in September, 1867. I have not as yet traced the lawyer from Barre, but it is a little curious that two George C. Moores of about the same age should start out from the same locality. It may be an- other "James Cook Richmond " case where the parson of that name found the Austrian police excited because they couldn't find James Cook, of Richmond.
CARLISLE J. GLEASON, of Montpelier, son of Huzzial and Emily Henry (Richardson) Gleason, was born in Warren, October 23, 1831, graduated at Dartmouth in 1856, read law with T. P. Redfield, and was admitted Septem- ber term, 1858. He became a member of the firm of Redfield & Gleason till Mr. Redfield was made judge in 1870 ; after that practiced alone a year or two, when the firm of Gleason & Field was formed. Mr. Gleason retired from the law when Mr. Field went West in 1881, and has for some years spent most of his time in Boston, where he is treasurer of the American In- vestment Company. He married, December 12, 1860, Ellen Jeannette, daughter of O. H. Smith, of Montpelier.
GEORGE W. BAILEY, JR., of Montpelier, son of George W. Bailey, was born in Elmore about 1831, read law and was admitted to the bar, September term, 1858. He was a brother of J. Warren, Charles W., and Theron O. Bailey. He was elected secretary of state in 1861, and held that office at the time of his death. He married Georgianna, daughter of Col. Thomas Reed, who is now Mrs. E. H. Powell, of Richford. He died July 17, 1865.
SAMUEL WELLS, of Montpelier, son of William Wells, of Milton, was born in Milton, September 23, 1822. He read law with A. G. Whittemore, of Milton, was admitted in Chittenden county in 1847, and began practice in Bakersfield, and in 1849 procured a charter for the Farmers' Mutual Fire Insurance Company, of which he became treasurer. He moved to Mont- pelier and lived here the remainder of his life. He began agitating the question of a water supply very early, and would have rejoiced could he have lived to see the Berlin supply obtained as he, years before his death, maintained it should be. He died January 31, 1878. He married, in Sep- tember, 1854, Mary P. Leslie, of Newbury, who with two daughters survived him.
CHARLES HENRY HEATH, of Montpelier, son of Elias and Ruth (Blanch- ard) Heath, was born in Woodbury, November 4, 1829. Elias was born in
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Charles A. Heath
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Newport, N. H., January 14, 1801, and was brought by his father to Mont- pelier in 1802 and to Woodbury in 1806, to the farm where he lived till his death, in August, 1878. Elias Heath was also the name of the grandfather of Charles, and the older Elias was the son of Richard Heath who died of small-pox at Cambridgeport, Mass., a soldier in the Continental army at Washington's siege of Boston. Ruth, the mother of Charles, was the daughter of Deacon Joseph and Phœbe Abbott Blanchard, who was de- scended from George Abbott who emigrated from England in 1640 and set- tied in Andover, Mass., in 1643. Charles's brother, Lester Eugene Heath, now of Watertown, N. Y., was born in Woodbury, May 14, 1845 ; his sister Elvira Blanchard Heath was born August 14, 1832, at Woodbury, and died there ; his sister Irene Abbott Heath was born at Woodbury, August 16, 1834, married Sidney O. Wells and died at Woodbury, in December, 1870 ; his sister Sophia Cutler Heath was born October 31, 1836, at Woodbury, and is the wife of Almon Chester Guernsey, of Calais.
Mr. Heath went to the "district school " in Woodbury, and in 1847 to 1849 attended Washington County Grammar School; was then for a year under the tutorship of Rev. Horace Herrick at Woodbury, and in 1850 was at the People's Academy in Morrisville, then under the preceptorship of Mel- vin Dwinell. Mr. Heath was then four years in the University of Vermont, and took his degree of A. B. in 1854 and A. M. in 1857. He was from 1854 to 1858 principal of the People's Academy at Morrisville, which became during that time from small beginnings the best school of its class in the state, and among his pupils he had Shurtleff, Lamson, and Livingston now of this bar.
He read law in 1856, 1857, and 1858 in the office of Thomas Gleed, of Morrisville, and was admitted in Lamoille County Court, December term, 1858, Asa O. Aldis, presiding judge. Mr. Heath began practice January 16, 1859, at Plainfield, and there continued till December 20, 1872, when he moved to Montpelier, and since that time has practiced at and from Mont- pelier, mainly in the counties of Washington and Orange. He was state's attorney from December, 1862, to December, 1864; state senator from this county in 1868, 1869, and 1870, at the session of 1869 being chairman of the senate judiciary committee and in that of 1870 president pro tempore ; and a trustee of the state library since 1873. He was president of the Ver- mont Bar Association, 1886-87.
Mr. Heath is blessed with a strong physique as well as an untiring mind re- tentive of all facts that have ever come to his knowledge. He is apparently re- freshed by a long jury trial. I think that as a student and teacher he must have taken great delight in the natural sciences, for he knows more facts than any other man at the bar about material things : immaterial things, too, for that. matter-and what is provoking about it, when you are on the other side, is- that he gets some of them into the box right before your eyes and gets them counted, too. Everybody respects a good fighter, and Mr. Heath stands
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`boldly for the rights of his client against all comers ; he has a just sense of the dignity of the profession, and considers court, jury, and bar each as having its own duties in the administration of the law, and that each should perform its own and none other. Mr. Heath has tried more jury cases for the last thirty years than any other member of the bar, and believes in them and enjoys them. When you are with him you will find him a very present help ; when against him, prepare for war. He keeps alive to interests outside his practice-historical, educational, and business. And in all his under- takings, professional or otherwise, he is a hearty, vigorous man who stands by his friends and strikes his antagonists.
Mr. Heath married, February 9, 1859, Sarah Elizabeth Putnam, of Mor- risville. She is the daughter of David Wing and Rebecca (Coldwell) Put- nam. David Wing Putnam was born in what is now East Montpelier, and was the son of Captain Isaac and Sally (Wing) Putnam.
GEORGE S. DANA was admitted March term, 1859.
GEORGE H. CARPENTER, of Waterbury, son of William Carpenter who was a son of Dan Carpenter the first lawyer of Waterbury, was admitted March term, 1859. He did not enter upon the practice of law in this county and is not now pursuing it. He is a book-keeper in Griswoldville, Mass.
ALVIN W. BARRY, of Warren, was admitted to the County Court, March term, 1860, and practiced for a time in Braintree, of which town he was a native. He was admitted to the bar of the Supreme Court here, August term, 1866. Gov. Farnham says, in Child's Orange County Gazetteer, he re- moved to Pithole, Penn., and afterwards settled in New York and now re- sides there.
JOSEPH PHILBROOK LAMSON, of Cabot, son of David and Phila (McClin- tock) Lamson, was born in Elmore, February 9, 1840, studied at the Peo- ple's Academy at Morrisville, and one year at the U. V. M., read law with Thomas Gleed at Morrisville, and was admitted in Lamoille county, April term, 1860. He began practice August 1, 1860, at Cabot, and has there continued. He was assistant secretary of the senate three sessions, and was state's attorney, 1866 to 1868. Mr. Lamson has taken much interest in educational matters, and, acting as town superintendent, has for the last year or two brought the district schools of Cabot to a high standard. He is eminently a practical man, and in his profession exhibits such acuteness and skill in the trial of questions of fact as excite the admiration of his brethren of the bar not engaged on the other side of the case. He married, Febru- ary 9, 1870, Abbie A. Knights, daughter of Roswell and Sarah Knights, of Franconia, N. H. They have one child, Arthur David.
RODNEY LUND, of Montpelier, son of Thomas and Anna Lund, was born in Corinth, April 28, 1830, admitted in Orange county, January term, 1852, practiced in Corinth, White River Junction, and in West Lebanon, N. H., till 1860, when he came to Montpelier and remained till 1867, part of that time being of the firm of Wing, Lund & Taylor. Since 1867 he has been in
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active practice in Boston. He married, September 13, 1854, Elmyra Jane Chubb, of Wolcott, daughter of Joseph and Sally Davis Chubb.
CHARLES I. VAIL, son of Samuel K. and Mary D. Vail, was born in Chester, N. Y., November 11, 1837, graduated at Union College in 1859,. read with T. P. Redfield, and was admitted September term, 1860. He be- gan practice at Newport, removed to Irasburgh in the spring of 1862, prac- ticed there till he moved, in April, 1871, to Blairstown, Iowa, where he has- practiced since. He married, December 9, 1861, Abbie F., daughter of" Henry E. Barnes, of Stowe.
ALBERT CLARKE, born in Granville, October 13, 1840, was admitted March term, 1861, and began practice in Montpelier. He enlisted the next year in the 13th Vermont and became Ist lieutenant of Co. G. Col. Clarke married, after the war, and lived at St. Albans with his family. He left the . law and edited the St. Albans Messenger. In 1874 he was state senator from Franklin county. He went to Boston and was on the editorial staff of the Advertiser for some time, returned to Rutland and was editor of the Rut- land Herald until a recent change in its management. Col. Clarke is a. forcible and polished writer and speaker.
CHARLES DALEY SWAZEY, of Montpelier, graduated at the U. V. M. in, 1859, was admitted at the September term, 1861, began practice in Mont- pelier, and in 1862 became a member of Co. I, of the 13th Vt. He went to. Minneapolis and died there, June 1, 1865, aged thirty-two years.
AMERICUS VESPUCIUS SPAULDING, of Waitsfield, practiced there from 186 F about two years, then went to Bristol, and is now practicing in Burlington .. He married Mary, daughter of Ziba Rice, of Waitsfield.
GEORGE WASHINGTON KENNEDY, of Waterbury, son of Samuel Barnet and Hannah Mosely (Morse) Kennedy, was born in Bolton, July 4, 1834, was admitted in Chittenden county, September term, 1860, and began practice in 1862 in Waterbury, where he has since continued. He married Marie H., daughter of Orange V. and Cornelia J. Hill, of Burlington, April 21, 1863. They have had four children, one of whom, Dion Wylie, is now living ; the three others died in 1881.
LEE H. BLISS, of Calais, was admitted March term, 1863, and was in practice in Calais from 1863 to 1866.
STEPHEN CURRIER SHURTLEFF, of Montpelier, son of Abial and Rebecca. (Currier) Shurtleff, was born in Walden, January 13, 1838. He, after "go- ing to district school," attended the academies at Newbury, Glover, and Morrisville. He read law with C. H. Heath, was admitted March term, 1863, began practice at East Hardwick in May, moved to Plainfield in October, .. 1863, and there remained till September, 1876, when he came to Montpelier,. where he now resides.
Mr. Shurtleff represented Plainfield in 1874, and was the Democratic can- didate for governor in 1886 and 1888. He has always had a large general practice, and has been for some years counsel for the Montpelier & Wells.
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River R. R., and in other railroad interests. He has also been engaged more than any other member of our bar in patent litigation. When Judge Red- field left the bench, in 1884, Mr. Shurtleff received in the legislature a very substantial support as his successor on the bench. Mr. Shurtleff is a strong lawyer, going straight to the vital things in issue in the trial, and is forcible and direct in his management and argument. His attack is strong and sus- tained ; crede experto-for I remember, when opposed (and beaten) by him and Mr. Carleton in an election case, his sudden disclosure in argument of the bearing and deadly effect of a bit of testimony quietly elicited from a witness in sympathy with our side; and what made it the more aggravating was that Carleton, with his Congregational countenance, sat by consenting and holding the garments of Stephen while he stoned us.
Stephen was a mighty hunter till somebody stole his hundred dollar shot- gun.
He married, April 21, 1868, Elizabeth M., daughter of John Augustine and Arminda Pratt, of Marshfield, and they have two children, Harry C. and Maud L.
CHARLES D. HARVEY was admitted September term, 1863, and began practice in Montpelier, and was here one year.
CYRUS BROWN, of Worcester, was admitted at the September term, 1863. He has lived in Worcester and at one time had an office in Montpelier. The old gentleman has tried a great many justice cases, and I do not suppose that the time has yet come to say of him : "The books are about to be closed-and the books are closed."
EDWIN FRANKLIN PALMER, of Waterbury, son of Aaron and Sarab (Thayer) Palmer, was born in Waitsfield, January 22, 1836 ; graduated at Dartmouth in 1862, was 2d lieutenant of Co. B, 13th Vt., read law with Paul Dillingham, and was admitted September term, 1864. He began practice in Waterbury in 1865 and has there continued ; represented Waterbury in 1880 and 1888 ; was reporter of Decisions of the Supreme Court, 1880 to 1888; and was elected to and now holds the office of state superintendent of education. Mr. Palmer is a scholarly and studious lawyer, and the important positions to which he has been chosen show what estimate his fellow citizens have of his abilities and high character.
He married, in 1865, Addie D., daughter of William Hartshorn, of Guild- hall. They have seven children.
William Palmer, of Waitsfield, brother of Edwin F., was admitted March term, 1870. He resides in Waitsfield, but is not in practice.
RISING NICHOLS, of Warren, son of Lorenzo Nichols, was admitted March term, 1865. He did not practice in this county, but went to Pithole, Penn., near which place he died in 1887.
It may here be said that George W. Tyler, of Warren, son of William P. Tyler, went to Boston, read law with Rufus Choate, went to California, where
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he has been a prominent lawyer, and where he was not long ago one of the counsel engaged in the celebrated divorce case of Sharon vs. Sharon.
CHAUNCEY WARRINER TOWN, of Montpelier, son of Ira and Frances Miretta (Witherell) Town, was born at Montpelier, July 4, 1840 ; graduated at Dartmouth in 1862; was assistant in the state library ; read law with Heaton & Reed, and was admitted September term, 1865. He went to New York city, where he has since been in successful practice.
HIRAM CARLETON, of Montpelier, son of David and Mary (Wheeler) Carle- ton, was born at Barre, August 28, 1838. He attended the Barre Academy and graduated at the U. V. M .; read law with E. E. French and was ad- mitted September term, 1865. He began practice in Waitsfield in May, 1866, and remained there nearly ten years, when he came to Montpelier and was a partner in the firm of Heath & Carleton, until 1883, when he became judge of probate. While in Waitsfield he represented the town and was state's at- torney two years.
Judge Carleton while in practice became known as a sound lawyer and safe counsel. He mastered his cases, was careful in his pleadings, never proclaimed himself certain of victory till final judgment in his favor, but left no stone unturned to obtain such judgment. " Brag is a good dog, but Holdfast is a better."
He married, October 26, 1865, Mary Elizabeth, daughter of Lathrop and Mary Ball Pope, of Keeseville, N. Y. They have two children, Frederick Pope and Mary Ball.
HENRY N. DEAVITT, of Waterbury, son of Samuel and Adaline (Preston) Deavitt, was born in Richmond, in February, 1842, read with Luther Henry and with Redfield & Gleason, was admitted March term, 1866, and practiced in Waterbury two years. He then went to Underhill Center, then to Rich- mond, and for about three years has been in practice in Winooski. He has been twice married.
THOMAS JEFFERSON DEAVITT, son of Willliam and Chestina (Preston) Deavitt, was born at Richmond, February 17, 1840 ; read law with Paul Dil- lingham and was admitted March term, 1866. He began practice at More- town in May, 1866, and in May. 1872, moved to Montpelier. Mr. Deavitt, while not giving up entirely general practice, has devoted himself especially to the prosecution of claims for patents and pensions, and for some years his prac- tice in pension cases has been larger than that of any other attorney in New England.
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