USA > Vermont > Bennington County > History of Bennington County, Vt. : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 21
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The Vermont Centennial .- In the year following that in which Asaph P. Childs, and his brother, R. S. Childs, disposed of their interest in the Vermont Gasctte, they started another newspaper at Bennington, and christened it The Vermont Centennial, taking its name thus from the fact that it was established in the year of the Vermont centennial anniversary, and it was to the early events of the history of Vermont, both civil and military, that the paper was especially devoted; but, at the same time the enterprising proprietors omitted noth- ing of the current events of the present day that would interest and instruct
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the readers of the paper. During a portion of the time of the life of the Cen- tennial the same was issued daily. The paper held a good advertising patron- age, and was well patronized by subscription, nevertheless, during the latter part of September, 1877, the same year of its founding, it was discontinued.
THE PRESS OF THE PRESENT DAY.
The press of Bennington county at the present time is represented by the three weekly journals-The Bennington Banner, The Bennington Reformer, and The Manchester Journal, the seat of publication of each of which may be readily determined by their respective names.
The Banner and the Journal are the organs of the Republican party of the community, the former of the south, and the latter of the north shire of the county; and while there is no agreement or understanding between the pro- prietors regarding the county circulation of these papers, each has refrained from extending his circulation into the territory of the other by canvass for subscrip- tion therein. The Banner, of course, furnishes to the people of the south shire the general news of the north, and the Journal, in the same manner, has its de- partment of south shire news. This is not saying, nor is it to be inferred, that either paper does not at all circulate in the shire of the other, for such is not the case; but it is intended to be understood that such circulation is not very gen- eral. But with the Reformer the case is different. Being the only Democratic paper of the county it is entirely free to act, and has no limited field of opera- tions. It is, too, the organ of its party-able, earnest, fearless and aggressive.
The Bennington Banner .- This publication was the direct outgrowth of the State Banner, which was established in Bennington on " the hill," in February, 1841, by Enoch Davis; but after having continued it for about one year, J. I. C. Cook acquired an interest. At the expiration of about four years from the time the paper was first issued Benjamin G. Cook purchased an interest in the business, that, probably, of Mr. Davis, and the firm style thereupon became B. G. & J. I. C. Cook. This firm continued the publication until October, 1856, when Benjamin G. Cook died, then by the survivng partner of the late firm until February of the next year, when Thomas J. Tiffany became sole propri- etor by purchase.
In 1858 Mr. Tiffany changed the name of the paper to The Bennington Banner, which has ever since appeared on the title page. In June, 1859. Mr. Tiffany disposed of the Banner and office to J. I. C. Cook & Son, by whom it was conducted until the month of August, 1870, at which time Charles A. Pierce, formerly and then owner of the Manchester Journal, became proprietor and publisher, entrusting, however, its editorial columns to the management of J. Halsey Cushman. About the time that Mr. Pierce purchased the Banner he disposed of the Manchester paper, Orvis & Co. becoming proprietors.
Mr. Cushman retired from the editorial department of the Banner in 1877,
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and, after a brief time, Henry I .. Stillson, formerly of the revived Vermont Ga- cette, was employed to succeed him, and has since so continued. Mr. Pierce, however, directs the policy of the paper, and its attitude on all questions of general or local interest. For a time Everett W. Pierce was associated with the publication, but his interest terminated in 1882. Other than this Charles A. Pierce has been owner and proprietor of the Banuer since the summer of 1870.
The Manchester Journal .- The newspaper now owned and edited by Sena- tor David K. Simmonds, was founded by Charles A. Pierce in the month of May, 1868, the first number being issued on the 28th. During the first year of its life Henry E. Miner assisted in the editorial department. During the war the publisher enlisted, and during his absence the Rev. James Anderson acted in the capacity of editor and publisher; also during the latter part of Mr. Pierce's ownership of the paper Loveland Munson gave material assistance in the edito- rial department. In 1865 Everett W. Pierce, a brother of the owner, purchased a working interest in the Journal, and the firm of Charles A. Pierce & Co. thus formed was continued until succeeded by Orvis & Co. in 1871. It was during the ownership of Franklin H. Orvis, of the firm just named, and he sub- sequently became sole owner, that the Journal enjoyed the season of its great- est prosperity. He entered into the journalistic work with just the same energy and determination that have characterized his other business undertakings, and made it an enterprise not only self sustaining, but decidedly profitable.
But Mr. Orvis laid no claim to editorial ability ; he recognized the neces- sity of a newspaper publication at Manchester to represent all the interests of the town and locality, and therefore consented, for a time at least, to assume its management ; but at the same time he continued his other extensive business in the town and elsewhere. That the paper was completely successful under his control is well evidenced by the fact that he more than doubled its adver- tizing receipts, swept from its pages all "plate 'ads,'" and made it distinctively a Manchester paper. More than that, he increased the subscription list from less than one thousand to more than three thousand.
Mr. Simmonds became connected with the editorial department of the Jour- nal during Mr. Orvis's ownership, but, in September, 1871, he purchased the entire business, and thereupon became sole editor and publisher.
The Bennington Reformer .- A lively independent Democratic newspaper under the name of the Bennington County Reformer first commenced circulat- ing in this locality during the month of April, 1880. It was printed at Brat- tleboro, Vt., by C. H. Davenport & Co., but had a Bennington editor in the per- son of Asaph P. Childs, who looked after the interests of the paper in this local- ity. In September, 1883, the Reformer was purchased by James H. Livingston, the founder of the Hoosick Falls Standard, who immediately equipped the office with new materials, and enlarged the paper from a nine-column folio to a six- column quarto.
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CHAPTER XVII.
THE BENCH AND BAR OF BENNINGTON COUNTY.
TT can hardly be considered essentially within the province of this chapter to I refer at any length to the organization of any courts other than that estab- lished under competent authority. An old proverb teaches us that " necessity knows no law;" and it is well known that necessity-stern necessity, made it indispensible to the safety of the inhabitants of the New Hampshire Grants that some means should be devised by which the opponents to the policy of the majority of the people could be held in check, and that the inimical con- duct of the Tory element might not become contagious ; for, if allowed to be- come rampant, that element would certainly have endangered, even if not en- tirely overthrown, the institutions of the infant State, and passed its control into the hands of the New Yorkers.
And it was stern necessity, too, that impelled Ethan Allen and his compa- triots to establish an informal court for the trial and punishment of the New York officers who were sent here with warrants of arrest and dispossess ; but the penalty of this court seldom went beyond a severe reprimand, and the "impressive " effects of the " beech seal." Necessity, also, made it incumbent upon the authorities of the " separate jurisdiction " to establish a court of con- fiscation, not alone that Toryism might be checked, but that the means might be provided wherewith to defray the expense of the government in political affairs, and, as well, to provide for the raising and maintaining of an armed force for aggressive and defensive warfare, which, during that period, was waging against Great Britain.
But after the independence of Vermont had been declared, and after the constitution of the State had been adopted, assuming all this to have been ab- solutely right regardless of the fact that such proceedings were not then sanc- tioned or ratified by the general government, the authorities were in a proper position to organize courts more " in due form of law."
The first court in Bennington county, of which there appears to be any rec- ord, after the adoption of the first constitution, was that assembled at the house of Stephen Fay, on the 10th of December, 1778: and this term was held in pursuance of an act of the General Assembly passed for the purpose of creating the same.
Upon that occasion the Hon. Moses Robinson presided, while John Fas- sett, jr., and Thomas Chandler, jr., served in the capacity of associate judges. Each took the oath required by the constitution for the faithful discharge of
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his duty, after which Joseph Fay was appointed and sworn as clerk of the court. No further business was transacted on the first day. Moses Robinson was, therefore, the first judge of the Supreme Court of Vermont that officiated in that capacity west of the Green Mountains, or in Bennington county. He was not "learned in the law," according to the present acceptation of that ex- pression, but he had a thorough understanding of " right " and " equity " be- tween men, and therefore was well qualified for the office he filled so long and well. Mr. Robinson was a man of no minor importance in those early days, for he was prominently associated with the political and military leaders, and was, in fact, a counsellor and leader among them. He was neither lawyer nor statesman, yet he possessed an abundant fund of good common sense; and that quality was much to be prized at that time rather than great learning.
His associates upon the bench, John Fassett, jr., and Thomas Chandler, jr., were likewise men of considerable note during the Revolutionary period, the former an Arlington citizen, and one of the first justices of the peace appointed for the county June 17, 1778, while the latter, Justice Chandler, filled for a time, the office of secretary of State. He was chosen to the Supreme bench in October, 1778, and became judge of the Windsor County Court in 1786.
Referring again to the records of the court it is found that on the IIth of December, 1778, the first case to which the attention of the court was di- rected was that of William Griffin versus Jacob Galusha, and was that charac- ter that the average modern attorney would probably call a "hoss case ;" for the plaintiff charged the defendant with " fradulently taking and detaining from him a certain white horse." The case was not tried upon this occasion, the defendant asking for a " continuance " on account of the lack of " material evi- dence," which the court granted, "setting the case down" for the third Thurs- day of February, 1779. It may be of interest to the profession to learn that this cause was afterward tried, and that the plaintiff "recovered," although the record does not disclose the fact that any " opinion," or " memorandum" was written by eitlier of the judges.
On the 14th of December the court was in special session " for the trial of -, who stands charged with inimical conduct against this and the United States of America, by going over and joining the enemies thereof. The prisoner being called was accordingly arraigned at the bar, who pleaded guilty to the crime alleged against him, and prayed the mercy of the court." The records show that the judges present were Hon. Moses Robinson, chief judge ; John Fassett, jr., Thomas Chandler, jr., John Throop and Jonas Fay, associates. The judgment of the court was as follows : " Having taken the case of the prisoner into consideration ; having heard the plea of the prisoner, the evidences, and duly considered every attending circumstance relative thereto, do judge and order that the prisoner be banished within the enemy's lines at Canada, and to depart this State, on or before the 10th day of February next; and to proceed 25
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within the enemy's lines without delay, never more to return within this, or the United States of America, on penalty of being, on conviction thereof, be- fore any court or authority proper to try him, whipped on the naked back, thirty and nine lashes; and the same number of lashes to be repeated once every week during his stay : paying cost, and to be held a prisoner in the cus- tody of John Benjamin, esq., sheriff, in and for the county of Cumberland,- who is hereby strictly commanded to see this sentence duly performed.
" Attest.
JOSEPH FAY, Clerk."
The record to which the writer of this chapter had access, made mention of a portion of the business transacted by the Superior or the Supreme Court, at its session from the early part of December, 1778, until the 19th of February, 1779, but nowhere does there appear to have been made mention of the fact that any person appeared to " attorn " in the interest of either of the contest- ing parties, and it is probable that the courts thus far at least were conducted without the services of an attorney. The first mention of the presence of an attorney in the courts of the State is made on the docket of the Superior Court, at a term holden at Westminster, in the county of Cumberland, on the 26th of May, 1779. Moses Robinson presided, and the associates were those already named, with the addition of John Shepardson. Stephen R. Bradley was ap- pointed clerk.
The early entries on the docket recorded the fact that Stephen R. Bradley and Noah Smith, esqs., were appointed attorneys at-law, sworn and licensed to plead at the bar within this State. And the next entry noted the fact that Noah Smith, esq., was appointed State's attorney within and for the county of Cumberland, pro tempore.
These, then, Stephen R. Bradley and Noah Smith, were the pioneer law- yers of the State. The former will be remembered as prominently associated with those who were most active in the efforts to secure the recognition of Ver- mont's independence, and, perhaps, so far as education was a factor in bringing about that end, was the ablest man among the many devoted to the cause. The famous " Vermont's Appeal to the Candid and Impartial World," was the production of his fertile brain. Mr. Bradley was a native of Connecticut and a graduate from Yale College. Upon him was conferred the degrees of Master of Arts and Doctor of Laws. He came to Vermont in May, 1779, and was admitted to practice in the courts of the State immediately after his arrival. On the admission of Vermont to the Union in 1791, Mr. Bradley was elected the first United States Senator from the east side of the mountains, and be- came a leader in the upper house. He never resided in Bennington county, nor have we any evidence that he ever practiced at the bar of the courts therein, although he may have done so.
Noah Smith is believed to have been a native of Connecticut. He was a brother of Governor Smith, and a graduate of Yale. When the counties of
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Bennington and Cumberland were created it was expected that the county seat of the former would be fixed at Pawlet, and so being understood the legal minds of the State, and others from other States, flocked to that place with the expectation of "living off the law"; but the Pawlet people were disappointed, for the shire town was elsewhere. Noah Smith was one of the lawyers who went to reside there and afterward moved to Bennington.
In June, 1779, at a term of court held at Rutland, for the county of Ben- nington, Mr. Smith was appointed State's attorney, and he is said to have been continued in that office for a period of about five years. About the year 1800 he moved to Chittenden county and died there a few years later.
At the same term at which Mr. Smith was appointed to the office of public prosecutor, Nathaniel Chipman was admitted and sworn as an attorney within the State, and in November of the same year Jonathan Brace likewise was made a lawyer. He practiced at Manchester. This last statement may pos- sibly be an error. A record of the attorneys of the county, based in part on recollection, states that Jonathan Brace was admitted to practice at Manches- ter in 1784. This seems quite likely, as Manchester was not made a half shire town until 1781 ; so, " what on earth " would an attorney do up there, twenty- five miles from the county seat, as early as 1779. Still Counsellor Brace might have become an attorney in 1779, and not begun to practice until 1784.
Leaving for a moment the proceedings of the court created under the con- stitution, we may turn back and recall the events of the court of informal or- ganization that tried and sentenced to death, one, David Redding. This oc- curred, of course, subsequent to the adoption of the first constitution, but the court, while acting under undoubted authority, was decidedly less complete in its organization, and more in accordance with the "law of necessity."
The chief executive body of the State, the governor and council, appointed Jeremiah Clark, a resident of Shaftsbury, to preside as judge at the trial of Redding; and the same body, by a resolution passed June 9, 1778, directed or authorized Colonel Ethan Allen "to act in the capacity and do the duty of States's attorney in the cause depending between this the United States of America and David Redding, a prisoner to be tried this day for inimical con- duct against this and the said United States."
It is nowhere stated of record, but it was nevertheless a fact, that the pris- oner then on trial was represented by counsel in the person of John Burnham, who, although possessed of a better understanding of the English common law than Prosecutor Allen, was still unfortunate enough to lose his case, and his client his life-he being found guilty and hanged on the 11th of June, 1778, two days after trial.
Allen, as public prosecutor, undoubtedly threw his whole energy into this case, for he had promised the dissatisfied multitude of people (there having been a former trial and Redding sentenced to be hanged, but, owing to some
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irregularity, was given another hearing at which the people complained) only a few days before, that if they disperse and return to their homes, he would See that somebody was " hung at all events, for if Redding is not then hung I will be hung myself."
John Burnham came to Bennington in 1771, and engaged in the mercantile business. He lived in Shaftsbury in 1775. He was one of the committee ap- pointed "to prepare a draught for a declaration for a new and separate State." He acquired a knowledge of the law by reading Blackstone and an old copy of a statute that he somewhere obtained. He also transacted law business for his neighbors and fellow-townsmen-for a modest compensation-during the years of his residence here. Mr. Burnham remained an embryo lawyer until the year 1780, when he was regularly admitted to practice in the courts of the State.
The power that created the court that tried and hanged David Redding also brought into existence the court that conducted the trials and other pro- ceedings noted in the first portion of this chapter-the court presided over by Moses Robinson, but the means of such creation in this case were somewhat different. The first constitution declared that "courts of justice shall be estab- lished in every county in this State." In accordance with this provision, the General Assembly, in session at Windsor, resolved "that there be a Superior Court appointed in this State, consisting of five judges ;" and "Resolved, that the Hon. Moses Robinson, esq., be, and is hereby appointed chief judge of the Superior Court, and Major John Shepardson, second, John Fassett, jr., third, Major Thomas Chandler, fourth, and John Throop, esq., fifth, judges of said court." A further resolution provided "that the Superior Court sit four times in a year, viz .: At the meeting-house in Bennington, in the shire of Benning- ton, on the second Thursday of December next ; at the court-house in West- minster, in the shire of Cumberland, the second Thursday of March next; at the house of Colonel James Mead, in Rutland, in the shire of Rutland, on the --; and at Newbury, in the shire of Newbury, on the second Thursday of September next." A still further resolution stated that the Superior Court should not continue, 'at one sitting,' for more than one week."
In the earlier chapters of this volume mention has been made of the fact that upon the division of the State into counties, Bennington and Cumberland each was provided with two shire towns, Bennington and Rutland for Ben- nington county, and Westminster and Newbury for Cumberland county. When the counties were first created it was thought that there would be but one shire town for each, and as Pawlet lay about in the geographical center of the inhabited part of Bennington county, as then constituted, the people were led to the belief that that would be selected as the county seat ; hence the in- flux of legal minds to that locality. But it was found that the convenience of the people would be best served by establishing half shire towns, which was accordingly done, Bennington and Rutland being the fortunate places selected.
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In the month of February, of the year 1781, the county of Bennington was divided, and all that part thereof that lay north of its present north line was erected into Rutland county. This necessitated a change in the disposition of the courts of Bennington county and the establishment of a shire town or county seat. Of course the town of Bennington made a claim to the county buildings, as also did Manchester and Shaftsbury, the last named more partic- ularly from the fact of its more central location in the county. Manchester and Bennington at that time were the chief towns, as they are now, of the county, and the securing to either of the county buildings was very much to be desired. But what effort each made to secure the county seat is not known except by tradition, for the journal of the Assembly seems to throw no light whatever on the proceedings had upon that occasion; but that each made strenuous efforts is confidently believed to be true, in fact cannot be doubted, for the body that determined the claims of the localities seems to have been inclined to favor both, and unwilling to decide adversely to either. Therefore, as a compromise, the county was divided into half sliires and each given county buildings-pro- vided the same were erected at private expense, which was accordingly donc. In this respect the county of Bennington differs from the others of the State. An effort was made not many years ago to have the half shires dissolved and one shire town selected for the whole county, but this attempt proved unsuc - cessful. This arrangement of the courts of the county causes, of course, some inconvenience to the attorneys, but the conveniences of contesting parties and their witnesses seems to be about the same as if there were but one county- town. The terms of court alternate between the half shires. The situation and description of the county buildings of Bennington county will be found in an earlier chapter of this work.
The revised constitution, which was adopted upon the recommendation of the council of censors, provided for other courts than those formed under the original constitution; and the revisions and amendments that have been made at various other times, no less than four in number, have provided for the courts of the State and their disposition and powers, of all of which it can hardly be considered within the province of this chapter to discuss. The changes that have severally been made, and the courts that have been at different times established or abolished, are within the understanding of every well-read law- yer, and any further comment upon them would seem to be superfluous.
But it will not be considered out of place to here make mention of the suc- cession of judges of the Supreme Court from the year 1778 to the year 1790, both inclusive, which, according to "Slade's State Papers," was as follows :
1778.1-Moses Robinson, chief judge; John Shepardson, John Fassett, jr., Thomas Chandler, and John Throop, associates.
1779 .- Moses Robinson, chief judge; John Shepardson, John Fassett, jr., John Throop, and Paul Spooner, associates.
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