USA > Vermont > Rutland County > History of Rutland County, Vermont, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 29
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Dr. Charles Backus studied medicine with Dr. Theodore Woodward, and graduated in 1821 ; came to Fairhaven and opened a store about 1824 ; after- ward removed to West Troy, and from there to Rochester, N. Y .; thence to Granville, and in 1842 came back to this town. In 1846 he removed to Hyde- ville, and died at Castleton Corners in 1852.
Dr. Edward Lewis began the practice of medicine in Benson and came to Fairhaven in 1829. In 1834 he removed to Jackson, Mich., where he died January 1, 1867.
Dr. Thomas E. Wakefield passed his youth in Granville, N. Y., studied medicine with Dr. Charles Backus, attending lectures at Pittsfield, Mass., and Castleton, and came to Fairhaven in October, 1842.
Hubbardton .- Dr. Theophilus Flagg was the first physician in this town and came in 1791. He is said to have been a skillful practitioner, a gentle nurse and a very worthy man. It is not known in what year he died.
Middletowen .- Ezra Clark was the first physician to settle in this town. He was a son of Theophilus Clark, and began practice here about 1788, con- tinuing until 1819, when he removed to Ohio. He was a man of good char- acter and conspicuous ability. He died about the year 1828.
William Frisbie, jr., was seventeen years old when his father settled in Middletown, before 1785. The father died in 1813, and the son studied medi- cine with Dr. Ezra Clark, with whom he subsequently practiced for a time un- til his removal to Pittsford ; in the latter place he practiced about twenty-five years, and removed to Phelps, N. Y., where he died about 1837. He had the reputation of being a good physician.
Dr. Eliakim Paul, son of Stephen Paul, spent his younger life on his father's farm, but was made a cripple for life through an early misfortune. He consequently took up the study of medicine and received his diploma from the Castleton Medical College in 1822. He immediately bought out Dr. David G. McClure, then practicing in Middletown, and was thereafter for nearly fifty years the only physician in town. He was universally esteemed as a physi- cian and a man ; represented the town in the Assembly eight years; was town clerk eight years, and died at seventy-eight years of age.
Dr. S. H. Haynes was born in Middletown in 1815, and received his med- ical education at Woodstock, where he graduated in 1841. He immediately began practice in Middletown, and continued down to near the time of his death, which occurred in 1884.
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Dr. David G. McClure was a son of James McClure, one of the early set- tlers of Middletown. He studied medicine and succeeded Dr. Ezra Clark, and practiced several years prior to 1822, when he removed to Ohio. He died in that State, leaving a family.
Alva Paul, a cousin of Dr. Eliakim Paul, was in practice in this town for some years; but we are without further data regarding him.
Mount Holly .- The first physician who settled in this town was Dr. Oliver Guernsey. He was born in Windham county, and came to Mount Holly in 1798. Entering at once upon his practice, and, being a man of good judg- ment and a thorough student for that period, he soon acquired an extensive busi- ness. He might have attained the front rank of the county's physicians, but in later life unfortunately became addicted to habits of intemperance, which greatly impaired his usefulness. He removed in 1833 to the home of his son in Shrewsbury and subsequently to Cattaraugus county, N. Y., where he died in 1838, aged about sixty-two years.
Dr. Sylvester Grinnel settled in this town in 1816, and continued practice about twenty years ; he, however, divided his time between his profession and farming. He removed to Ohio in 1836, and later to Wisconsin, where he died in 1859.
Dr. Alvin McAllister located at Mechanicsville in 1821. He was a brilliant scholar, well versed in the literature of his profession, but seemed to lack somewhat in its practical application. In 1824 he removed to Queensbury, N. Y., and thence in 1828 to Utica. It is not known where he went from there.
Dr. Lowell W. Guernsey, son of Oliver, settled at Mechanicsville in 1825 and remained a little over two years, having a fair practice. He removed to Shrewsbury in 1827 and became successful. He died there in June, 1861, aged sixty-one years.
Dr. Nelson Coburn located at Mechanicsville in 1833, but remained only about two years ; he removed to Morlow, N. H., and ten years later to Niagara county, N. Y.
Dr. Merritt C. Edmunds settled at Mechanicsville in 1858 and remained nearly four years. He then removed to the neighboring town of Weston, where he gained a successful practice.
Dr. John Crowley was born in Mount Holly May 27, 1805; was educated in the common schools and Chester Academy, and studied medicine with Dr. Alvin McAllister, at Queensbury, N. Y .; attended a course of lectures at the Vermont Academy of Medicine in Castleton in 1826, and in the following year was invited by the late Dr. Billa J. Clarke, of Morean, Saratoga county, N. Y., to become his partner. Having completed his studies and received his diploma from the censors under the then existing laws of the State of New York, he entered into the proposed partnership. For mutually satisfactory rea-
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sons, this was dissolved at the end of one year, and in October, 1828, he re- turned to Mount Holly and there remained in active practice during almost the entire remainder of his life. With the exception of Drs. Nelson Coburn and M. C. Edmunds, before mentioned, Dr. Crowley has had the entire field to himself since 1836. He was elected a member of the State Medical Society in 1842, and in 1865 was elected president of the Connecticut River Valley Medical Association. The confidence of his fellow-citizens has been shown towards him by his election to the Assembly from 1843 to 1845, in 1848, 1862 and 1863, and to the Senate in 1849, 1850 and 1851 ; he was elected assistant county judge for this county in 1868-69, and was justice of the peace over forty years. In 1879 he substantially retired from practice. He is still living.
Dr. John A. Crowley, son of the above, was born in Mount Holly March 7, 1854 ; was educated mainly at Black River Academy. Studied medicine with his father and graduated at Albany Medical College in 1877; was the valedictorian of his class. His health was now seriously impaired, but he be- gan practice with his father, which continued to April, 1879, when he com- pletely broke down physically, and died August 28, 1879, aged twenty-five years.
Pawlet. - Dr. Lemuel Chipman was the first physician to locate in the south part of the town. He came from Connecticut in 1780, and was one of the distinguished family of that name, other members of which lived in this county. He was the first president of the State Medical Society, organized in 1796, and was in the Legislature eight years. He removed to Richmond, N. Y., in 1798, and became distinguished as a judge as well as a physician. He lived to an old age.
Dr. Cyrus Chipman, brother of the above, also located here, but removed to Rochester, Mich., about 1820, and died in 1840.
In the north part of this town Dr. Eliel Todd settled as the first physician. He is spoken of as having been endowed with rare talents; but he died in 1793, from an accidental dose of poison.
Dr. Jonathan Safford succeeded Dr. Todd and was a successful practitioner until his death in 1821.
Dr. John Sargent came from Mansfield, Conn., in 1761, to Norwich with his father ; entered the Revolutionary Army at eighteen, was wounded and captured and taken to Quebec. Paroled in the next spring, he returned to Norwich and studied medicine under Dr. Lewis. In 1780 he removed to Dor- set and soon became distinguished for his success in both medicine and sur- gery. In 1798 he removed to Pawlet, as the successor of Dr. Lemuel Chip- man, and was the first president of the Rutland County Medical Society. He was in the Legislature in 1803 and died in 1843, aged eighty-two years.
Dr. John Sargent, jr., son of the above, graduated at Middlebury in 1811 ; . studied medicine and practiced in Pawlet and adjoining towns several years,
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when he removed to Fort Ann, N. Y. He subsequently went to Rochester, N. Y., and died there.
Dr. Samuel Potter practiced medicine in this town and Wells several years and was remarkably successful. But little is known of his life.
Dr. Oliver L. Harmon came from Suffield, Conn., and began practice in Pawlet in 1798, continuing until his death in 1852, at the age of eighty-two years. He was an excellent man and a good physician.
Ithamar Tilden, Warren A. Cowdry, John L. Chandler, James H. Willard, Alva Paul, Isaac Monroe, Aaron Goodspeed, John Cleveland, Charles Hough- ton, Phineas Strong, jr., and Rensselaer G. Monroe, all practiced in this town for longer or shorter periods ; but of many of them little is known and of oth- ers little need be said. Dr. James H. Willard practiced here a few years and removed to Brownhelm, Ohio, in 1830; he died there in 1858. Dr. Warren A. Cowdry practiced here in 1815. He removed to Le Roy, N. Y., and with his wife embraced the doctrines of Mormonism. (See history of Middletown). Dr. Charles Houghton, from Marlboro, came here about 1835 and practiced until 1847, when he removed to Bennington and thence to Philadelphia. Dr. A. Sidney Houghton, from Ellisburg, N. Y., practiced here from 1844; was in the Legislature of 1861-62 and during the war was a member of the State Med- ical Board.
Pittsford. - Abithar Millard was the first regularly educated physician in Pittsford, though Dr. Amos Fassett was here before him ; but he probably had little claim to the title of physician. Dr. Millard was born at Rehoboth, Mass., June 22, 1744. It is not known where he was educated, but he settled in this town in 1788, having previously married in Duchess county, N. Y. His sec- ond purchase of land was Lot No. 9, of the town plat, which he cleared and built what was probably the fourth dwelling on the site of the village. There his youngest child was born, February 17, 1789. Dr. Millard left this town about the year 1804.
Dr. Alexander Ewings located here in 1792. He is spoken of as a skillful physician and an honorable and able man. In 1805 he sold out in Pittsford and removed to Canada.
Dr. William Frisbie, from Middletown, located here in 1802, and had a large practice until his removal in 1821. (See preceding pages).
Dr. Kenelm Winslow began practice in Pittsford in 1810. He was born in Pomfret, Vt., October 10, 1784. His professional career in this town extended over nearly half a century, and he died January 4, 1861.
Dr. Freeman H. Mott came from Brandon in 1819. He was a son of John Mott, a soldier in the French War, who settled in Brandon. Dr. Mott remained here only one or two years.
Dr. Aaron Baker began practice here in 1822, but died within a few years. Dr. Peleg Barlow also came here in 1822 ; he was a son of William Barlow
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MEDICAL SOCIETIES AND THE PROFESSION.
of this town. Dr. Barlow studied with Dr. Baker and graduated at the Castle- ton Medical College in 1821. He remained here in successful practice until 1838, when he removed to Illinois and there died.
Dr. George B. Armington located in this town in 1828. He was a son of William Armington, of Chester, and born October 14, 1801. He studied medi- cine with Abraham Lowell, of his native town, and graduated at the Castleton Medical College. He began practice at Wilmington and came to Pittsford as stated. He continued in active practice until just before his death, which occurred on May 4, 1863.
Dr. A. G. Dana began practice here about the same time with Dr. Arming- ton. He was born September 17, 1791, in Newton, Mass. ; at eighteen ycars of age he began his studies with Dr. Winslow, and continued them for two years with Dr. Selah Gridley, of Castleton, finishing with Dr. Joel Green, of Brandon. He remained in Pittsford until 1843, when he removed to Brandon, where he died August 20, 1861. (See Brandon).
Dr. James Ewings was a son of James, jr., and grandson of James, one of the early settlers of this town. He was born in 1812 and received most of his medical education in Canada (his native place), and graduated at the Castleton Medical College in 1835. He began practice in Bridport, Addison county, but soon afterward came to Pittsford and formed a partnership with his brother-in- law, Dr. P. C. Barlow. He remained here until 1847, when he removed to Wisconsin.
Dr. Ebenezer H. Drury began practicing medicine in Pittsford in 1843. He was a son of Calvin Drury and born here August 7, 1813 ; studied medi- cine with Dr. A. G. Dana and graduated at Castleton in June, 1842. In that autumn he located at Bethel, Vt., and the following April came to Pittsford. He continued in his successful practice until about 1863, when he retired.
Dr. Thomas J. Ketcham, of Sudbury, located here in 1856. He studied with Dr. Horton in his native town and afterward formed a partnership with him. Soon after coming to Pittsford he gave up practicing and engaged in farming ; but in 1867 he resumed practice.
Other physicians who have practiced here are Drs. Leonard, Sheldon, Cran- dall, Willard, Child, Warren and Gibbs; but of them little is known.
Poultney. - The first physician in Poultney was Dr. Jonas Safford, who came at a very early day, and before 1800, and for a number of years carried on his practice, gaining the good will and esteem of the entire community. He was associate judge of Rutland county from 1797 to 1801 inclusive. He finally removed to Putnam, Ohio, where he died.
Dr. Stephen Brownson was born in Connecticut in 1783 and came with his father to Castleton in 1785. In 1810 he removed to Poultney. He studied medicine and in 1813 bought out the practice of Dr. Jonas Safford, and con- tinued in practice until 1822, when he sold to Dr. David Palmer and removed
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HISTORY OF RUTLAND COUNTY.
back to Castleton. A few years later he went to Hampton, N. Y., and after three or four years there, returned to Poultney. He died at East Poultney September 1, 1849. Dr. Palmer practiced only a few years here and left the town in 1822. He became a professor in the medical institution at Woodstock and later in a similar institution in Massachusetts, where he died. He occu- pied a high position in the profession.
Dr. Ebenezer Porter was in practice in this town, but we are without data of his career. He succeeded Dr. Palmer above mentioned.
David Dewey, son of Major Zebediah Dewey, one of the first settlers of this town, studied medicine and received his license to practice ; his studies were pursued with Dr. Selah Gridley, of Castleton. He never paid his whole atten- tion to his profession, having engaged in farming and later invented the first cloth-shearing machine in the country ; to the manufacture of this he gave up his time after about 1811 ; he also manufactured cotton cloth and became in- terested in mercantile trade with William Wheeler. He also owned at one time an interest in the Northern Spectator printing office. In 1837 he received a patent on a spring tooth horse-rake, which was a successful invention. He died October 2, 1841, after a very active life.
Dr. Horace Hall removed from Pittsford to Poultney about the year 1841 and practiced from that time until his death in April, 1874.
Dr. Adin Kendrick was born in New Hampshire and educated at Hanover, in that State. He came to Poultney soon after 1800 and attained a large practice through his excellence as a physician. He represented Poultney in the Legislature in 1845-1846, and died March 29, 1853, aged seventy-two years.
Dr. Charles S. Perry, born in West Rutland December 22, 1818; gradu- ated at Castleton in 1845 ; practiced in Benson to 1849 and in Castleton to 1852, when he came to Poultney. Here he continued in active practice until near his death several years ago.
William L. Munroe, son of Nathan and Nancy Munroe, of Poultney, gradu- ated from the Burlington Medical School in June, 1860. He was one of three brothers to enter the service of his country. Leaving a successful practice, he enlisted in the Twelfth Regiment in December, 1861, and re-enlisted in the First Regiment, First Corps, in December, 1864. He died in hospital at Camp Stoneman, D. C., February 12, 1865, aged twenty-seven years.
Wallingford. - Dr. John Fox was the most prominent physician who has practiced in this town. He was born in Tinmouth in 1782, and was the son of William Fox, one of the leading men of the early times of the town. John Fox came with his parents to Wallingford while a child. He studied medicine so early in life that he was fitted to enter the profession in 1803 ; his studies being pursued with Dr. Hamilton, then of Wallingford, and Dr. Porter, of Rut- land. When the medical college of Castleton was established he received a
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degree from it, as supplementary to his diploma from the association of physi- cians granted before he began practice. After three years of practice at Tin- mouth he returned to Wallingford where he followed his profession during the remainder of his life. He early gained and always retained the full confidence of the community ; was particularly skillful as a surgeon, and his practice was very extensive and reached often a distance of thirty miles from his home. He represented the town in the Legislature seven years and was State senator from 1846 to 1849 inclusive. He died in June, 1853. Dr. William C. Fox, born in Wallingford, was a son of John, and practiced in Wallingford ; and Dr. George H. Fox, now in successful practice in Rutland, is another son.
Dr. Joseph Randall, jr., son of Deacon Joseph Randall, an early resident of Wallingford, was born in 1794. He studied medicine with Dr. John Fox and attended lectures at the medical college in New Haven, Conn. He began practice in 1816, and soon attained enviable success. He died in 1834.
Other physicians who have practiced in this town are E. O. Eddy, E. O. Whipple, John E. Hitt, George M. Noble, Joel Grover, David H. Meacham, S. D. Hazens and W. S. Cheney.
Wells. - Dr. Socrates Hotchkiss was probably the first physician in prac- tice in this town. He came in 1795. But very little is known of his life. He married a daughter of Samuel Lathrop and second, Mary A. Doolittle. He died when but thirty-six years of age.
Dr. James Mosher was an early physician, but died in the midst of his use- fulness in 1816.
Dr. Samuel Potter first practiced in this town several years, and then re- moved to Pawlet, where he died in 1835.
CHAPTER XVII.
THE COURTS AND THE BENCH AND BAR OF RUTLAND COUNTY.
Absence of Courts in Early Years. - The Old Superior Court - First Judges - The First Docket - The Old Court Records - Jurisdiction of the First Supreme Court - The First County Court - Its Jurisdiction - Subsequent Changes - Probate Courts - Justices of the Peace and their Powers - The Records - An Early Rule of the Court - Whipping Posts - An Incident - Early Public House Licenses - Old Warrants, Complaints, etc. - Description of a Court Scene in Rutland - The County Bar.
T THE inhabitants of the territory constituting the State of Vermont were, for a number of years after settlement began, without protection from what might be termed a court. There were committees and councils of safety in existence, but as to their nature, origin and the scope of their powers, little is
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HISTORY OF RUTLAND COUNTY.
definitely known, particularly as they may have exercised some of the func- tions of the later courts.1 The truth is, there was no regular government in the State; everything was unsettled ; no social compact existed, nor any bond of union save that which resulted from common wants and common dangers ; and everything that bore the semblance of organization was a premature off- spring of urgent necessity.
Down to the year 1778 the territory of which this work treats thus con- tinued outside the pale of judicial authority ; but such a state of affairs could not long continue, and in the year named, in the month of October, the Supe- rior Court was established, its first sitting being held on the 26th day of May, 1779. According to the law passed in February, 1779, from which we quote, " This court shall have cognizance of any action where the matter does not exceed twenty pounds, or the fine does not exceed twelve pounds, except by appeal ;" in short, within the above limitations, it had jurisdiction in all causes of action. It consisted of five judges, one of whom was termed the chief judge, and four termed side judges, any three of whom could hold a court. It was virtually a copy of the old English system. Two of the judges had power to adjourn the court, and the clerk was appointed and sworn in by all of the judges. The chief judge, or, in his absence, any three of the side judges, had power to call a special court. Terms of this were directed to be held as follows: Within and for the county of Bennington, at Bennington, on the sec- ond Thursday of December then next. Within and for the county of Cum- berland (a county, by the way, which never had a legal existence) at West- minster on the second Thursday of March, then next. Within and for the county of Bennington, at Rutland on the second Thursday of June then next. Within and for the county of Cumberland, at Newbury on the second Thurs- day of September then next.
The first judges of this court were Moses Robinson, chief judge ; John Shep- hardson, John Fassett, jr., Thomas Chandler and John Throop, side judges. The first docket contained forty-one cases, in sixteen of which judgments were ob- tained and executions issued. Noah Smith was the State's attorney. On the very first page of the court records (now preserved in the Rutland county clerk's office) and preceding the docket, we find the following :-
" At an adjourned Superior court, holden at Westminster, in the county of Cumberland,-
" Item, Stephen R. Bradley, esqr., was appointed Clerk of said court and sworn to a faithful discharge of his office by His Honour, Thomas Chandler, esqr.
"Item, Stephen R. Bradley, esqr., and Noah Smith, esqr., were appointed Attorneys at Law in said State and accordingly licensed to plead at the bar, being sworn thereto.
1 SLADE'S State Papers.
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THE COURTS AND THE BENCH AND BAR.
"Item, - - Chipman, esqr. [this was Nathaniel Chipman, the distin- guished jurist], was appointed attorney at Law in said State and accordingly Licensed to plead at the Bar, being sworn thereunto."
The last sitting of this Superior Court was held in Rutland in the spring of 1783, and probably in the old State-House, which is still standing on West street and of which an illustration will be found in this work. The clerk at that time was Obadiah Noble and he had with him, of course, the previous court records. These were left naturally enough with the clerk of Rutland county after the last session of the court. Previous to that date the court had been held in Tinmouth, then the county seat. In this manner all the old records are in a state of fair preservation, not only covering the period since the formation of Rutland county, but previous to that time and from the very beginning, and are now in the county clerk's office and jealously cared for by Clerk Henry H. Smith, who properly appreciates their great value.
Between the spring term and that of the following June the Superior Court was supplanted by the Supreme Court, the first session of which was held in Rut- land on the second Tuesday of June, 1783. This court consisted, down to 1786, of five justices, one of whom was the chief justice and four were assistant justices. From 1786 to 1825 it consisted of three justices ; in 1825, 1826 and 1827, it consisted of four justices ; and from 1827 it consisted for a number of years of five judges. Since that time two other assistant justices have been added, making seven at the present time.
Briefly, this Supreme Court had cognizance of all pleas of the State, crim- inal actions and causes, and whatever related to the preservation of the peace and punishment of offenders; also of civil actions between party and party, between the State and any of its subjects, whether the same were brought be- fore it by appeal, writ of error, or otherwise. It had exclusive jurisdiction of the crimes of adultery, polygamy and all capital felonies ; of treason, misprison of treason, counterfeiting the currency of the State, forgery, perjury, incest, rape, defaming the civil authority of the State, and all other crimes and mis- demeanors where a fine or penalty went to the State treasury, or where the punishment extended to the loss of life, limb or banishment. The officers of this court and the others described in this chapter, are named in Chapter IX.
County Court. - The first County Court held on the west side of the Green Mountains sat at Tinmouth for the county of Rutland (then recently organ- ized) on the 24th of April, 1781. Previous to this date the Superior Court, before described, was the only court of law and equity in the State. Jona- than Brace was made the clerk of this County Court, and Nathaniel Chipman still remained the State's attorney.
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