History of Rutland County, Vermont, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 46

Author: Smith, H. P. (Henry Perry), 1839-1925. 1n; Rann, William S
Publication date: 1886
Publisher: Syracuse, N.Y., D. Mason & co.
Number of Pages: 1170


USA > Vermont > Rutland County > History of Rutland County, Vermont, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 46


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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Following is a list of the attorneys at present practicing in Rutland, with brief personal notes. (For history of the Bar of the County, see Chapter XVII.)


W. G. Veazey was born in Brentwood, N. H., December 5, 1835. He was educated at the Phillips Academy, Exeter, N. H., and Dartmouth, graduat- ing from the latter in 1859. He studied law at Exeter and in the Albany Law School. He was admitted to the bar in December, 1860. He practiced in Springfield, Vt., until 1861, when he entered the army, coming to Rutland in the fall of 1863. He was reporter in Supreme Court eight years, registrar in bankruptcy several years, State senator two years, judge of Supreme Court since 1879, and delegate to the National Convention in 1872.


John Prout was born in Salisbury, Addison county, Vt., November 15, 1815. He studied law at Salisbury and Vergennes, and was admitted 1839. He practiced in Addison county to 1854, since that time has been in Rutland. He was a member of the Legislature from Salisbury three years, State's attor- ney of Addison county three years, and Rutland county two years; represented Rutland in the Legislature two years and as senator one year (1867). The same year he was elected judge of the Supreme Court ; he held that office two years when he resigned.


W. C. Dunton was born in Bristol, Addison county, Vt., November, 29, 1830. He was educated at Franklin Academy, Malone, N. Y., and Middlebury College, studying law with Dillingham & Durant in Waterbury, and Linsley & Prout, in Rutland. He was admitted to the bar in September, 1858; was State senator one term (1880), judge of probate from 1865 to 1877, then resigned and was appointed judge of the Supreme Court and held that office until Oc- tober, 1879.


Charles K. Williams was born in Rutland March 8, 1857. Educated at Harvard College, graduating in 1878. He studied law in Harvard and Co- lumbia Law Schools and with Prout & Walker; was admitted to the bar Sep- tember, 1880.


P. R. Kendall was born in Coventry, Vt., November 24, 1848 ; educated


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HISTORY OF RUTLAND COUNTY.


at Dartmouth and was graduated in 1871. He studied law with Timothy P. Redfield, Montpelier, and was admitted to the bar at the September terni, 1873, practicing first in Barton, Vt., until September, 1875, when he came to Rutland. He was elected State's attorney in the fall of 1884.


F. M. Butler was born in Jamaica, Windham county, Vt., 1854. He secured an academic education and studied law with Judge Hoyt, H. Wheeler and E. L. Waterman ; admitted to the bar in March, 1877. Has practiced in Rutland since that time.


L. W. Redington was born in Waddington, St. Lawrence county, N. Y., March 14, 1849. He fitted for college at Williston Seminary, East Hampton, Mass., and entered Yale in the fall of 1866. At the close of his freshman year failing health forced him to leave college, and he graduated from the scientific department of Williston Seminary in 1869. He then studied one year in Co- lumbia Law School, New York city, and finished his legal studies in the office of the late Matt H. Carpenter, of Milwaukee. He was admitted to practice in the bar of Milwaukee in 1871. After a tour of Europe he located in Rutland in 1875. In 1876 he was elected grand juror ; he was Democratic nominee for the Legislature in 1876, 1878 and 1882, and in 1878 was elected; he was delegate at large to the Vermont National Convention in 1880; Democratic nominee for Congress in 1882 ; chairman of the Democratic State Convention, 1882 ; Democratic nominee for governor in 1884; appointed municipal judge for Rutland, 1884; elected twice to the same office, and resigned in July, 1885, to accept the office of postmaster of Rutland village. (See biography in later pages).


Henry H. Smith (county clerk since 1868), was born in Middletown Octo- ber 3, 1837 ; came to Rutland in April, 1854; studied law with R. R. Thrall and Charles L. Williams, and admitted to the bar in September, 1858.


Reuben R. Thrall was born in Rutland in 1797. Studied law with William Douglass Smith, admitted to the Rutland county bar at the June term in 1819, and has been in practice since that period, and has some cases on the docket which he attends court every term to look after, although ninety years of age, and was reported in a recent law magazine as the oldest practicing lawyer in the United States, if not in the world. He was postmaster of Rutland from 1822 to 1829 and was State's attorney in 1836.


Henry Hall was born in Rutland, in 1814, graduated at Middlebury in 1835, studied law with Edgar L. Ormsbee, admitted in September, 1839. He has never been in full practice of the profession. He was registrar of probate from 1840 to 1860, but has devoted most of his time to literary and historical pursuits and to public lecturing.


H. A. Harman was born in Pawlet, in 1845. He was educated at Williams College and Harvard College, graduating in 1871. He studied law at Har- vard and was admitted to the bar in 1872, practicing in Bennington first, com- ing to Rutland in 1884, where he still remains.


LARedington.


.


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TOWN OF RUTLAND.


George E. Lawrence was born in Weybridge, Vt., June 10, 1844. He was graduated from the Middlebury College in 1867 and from the Albany Law School 1868, practicing in Rutland since 1870. He has been judge of the Mu- nicipal Court from 1876 to 1878, and State's attorney from 1878 to 1880. He is a partner of P. M. Meldon.


P. M. Meldon was born in Rutland April 20, 1859, and was educated at Middlebury College, graduating in 1880. He studied law with Prout & Walker, Rutland, and was admitted to the bar in September, 1882. He is a partner of George E. Lawrence.


Joel C. Baker was born in Danby, Vt., in 1838. He studied law with Da- vid E. Nicholson, Wallingford, and in Danby, and was admitted to the bar in 1862. He was editor of the Rutland Herald several years, and has practiced law since about 1862, first in Wallingford and since 1868 in Rutland. He is a partner of Charles L. Howe.


Charles L. Howe was born in Mount Tabor, Rutland county, in 1855. He is a graduate of the New York College of Pharmacy and was engaged as druggist seven years. He began the study of law with Joel C. Baker in 1879, and was admitted to the bar in March, 1882. He has been associated with Joel C. Baker since April 1, 1882.


James C. Barrett was born in Woodstock, Vt., in 1852. He was graduated from Dartmouth College in 1874 and studied law at Woodstock with William E. Johnson. He was admitted to the bar in 1877, practicing since 1878 in Rutland. He has been associated with James Barrett since 1882.


James Barrett was born in Strafford, Vt., in 1814. He was graduated from Dartmouth College in 1838, studying law in Buffalo and later in Woodstock, Vt. He was admitted to the bar in 1842. He first practiced in Woodstock and then in Boston; thence returned to Woodstock where he practiced until elected judge of the Supreme Court (1867), which office he held until 1880. He came to Rutland in 1882 and is a partner of James C. Barrett.


Edwin Edgerton, though not now in active practice, is a member of the county bar. He was born in Windsor county, Vt., February 13, 1801, and was admitted to the bar in that county in December, 1825. He came to Rut- land in March, 1844, and practiced until 1875. He was for a time in partner- ship with Edgar L. Ormsbee and had several other partners, but was at the head of the business himself, as a rule. He is now enjoying a vigorous old age.


John D. Spellman was born in Rutland, November 4, 1855. He received his education in the common schools; studied law in the office of the Hon. C. H. Joyce, George E. Lawrence and Redington & Butler. He was admitted to the bar in March, 1882, and has since practiced in Rutland.


Warren H. Smith was born in Brookfield, Vt., March 25, 1818. He was educated in Randolph Academy and studied law at Randolph with William


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HISTORY OF RUTLAND COUNTY.


Nutting, being a classmate of Judge Hibbard. He was admitted to the bar June 1, 1843, practicing in Poultney until March, 1848. He then came to Rutland ; was justice of the peace from 1848 to 1875, and chairman of the com- mittee of the bar for the examination of candidates.


Frederick Swinington was born in Leicester, Addison county, Vt., Decem- ber 14, 1849. He graduated from Middlebury College in the class of 1875 and studied law with Prout & Walker and in the Harvard Law School; was admitted to the bar in March, 1878, since which date he has practiced in Rut- land.


David E. Nicholson was born in Tinmouth, Vt., June 7, 1813, and was ed- ucated in the common and select schools; studied law in Wallingford with Judge Harvey Button. He was admitted to the bar in 1843 and practiced at Wallingford until 1865, when he came to Rutland. Was senator from Rutland two terms, State's attorney two terms, represented Wallingford two terms in the Legislature, State railroad commissioner two terms; he is now in his sec- ond term as assistant county judge.


Aldace F. Walker was born in Rutland, May 11, 1842; was educated at Middlebury College, graduating in 1862. He studied law in New York city and was admitted to the bar there in 1867 ; he practiced there until 1873, when he came to Rutland. He is now a member of the firm of Prout & Walker.


E. D. Merrill was born in Wellsville, Vt., in 1851. He was graduated from the Chandler Scientific School of Dartmouth College in 1872. He studied law in Rutland with Redington & Butler, and was admitted to the bar in 1883.


D. N. Haynes was born in Wallingford in 1858, and studied law with Joel C. Baker, of Rutland ; he was admitted to the bar in 1883. During the year 1882 he attended the Albany Law School.


Edward D. Reardon was born at Newport, N. H., October 28, 1856; he read law with Hon. Edmund Burke in that place and was admitted to practice in 1880. He practiced in Hamilton county, Mo., during 1880-81 and came to Rutland in the spring of 1882. He was city attorney and city clerk of Hamil- ton county while there, and is at present deputy collector of internal revenue for this district.


J. E. Manley was born at Sutherland Falls in the town of Rutland, Vt., February 15, 1831. He was educated at the common schools and at Castleton Seminary, from which he graduated in July, 1864. He settled in West Rut- land and engaged in the marble business in 1857; was elected justice of the peace for the town of Rutland in 1859 and held the office and was trial justice for thirteen years ; read law with C. H. Joyce and was admitted to the Rutland county bar in 1875 ; became a member of the Supreme Court of Vermont in 1877. During all of this period he has been engaged more or less in the mar- ble industry and is at present manager and principal owner of the Standard Marble Company, organized in 1883.


Jamen H Smith


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MUNICIPAL HISTORY.


Let us see what J. A. Graham, LL. D., " late lieutenant-colonel in the ser- vice," of Vermont, and the first lawyer in Rutland, had to say of the place before 1795 : "Rutland is a shire town, and the capital of the County of the same name ; it lies on Otter Creek, between Killington and Ira Mountains ; It is distant from Bennington about sixty miles, and is divided into two par- ishes, called East and West Rutland. On the East side is the main street, three miles in length, the centre of which, for near a mile, lies high, streight and level, and much resembles Dartford.


" In the centre is a square, containing about five English acres, known by the name of Federal-Square (which name } had the honour to give it); in front of this, on the east side, stands a new Court-House, built of wood, by no means an ornament to the place, owing to the bad taste, and want of judgment in architecture of the Committee appointed to lay out the money, which was raised by voluntary contribution, for the purpose of erecting this building. In this are held the sessions of the General Assembly (established here and at Windsor alternately), the District Court under the Federal Government, the Supreme Court of the State, the Courts of Common Pleas, and the Court of Probate for the district of Rutland. The Goal stands about one hundred rods south of Federal Square, on the West side of the main street; it is a good building and answers every purpose for which it was designed. About half a mile North of the Court-House, is a neat Church. On each side of the Square, and Main street, are built some handsome and elegant houses ; particularly on the East side, are several which draw the attention of all travellers-the largest of these was intended for the residence of the bishop of Vermont.


"The upland is filled with lime-stone, the low lands abound with clay. The intervale lands on the Creek are of a deep rich soil, and produce excessive crops of hay, and Indian corn; but, unfortunately for the husbandman, the Indian corn is often cut off by the frosts. The uplands produce wheat, rye, oats, bar- ley, beans, peas, hemp, and flax. About half a mile from the Court-House, in the main street, a Silver Mine has lately been discovered, said to be of great value ; but for the truth of this I cannot pretend to be answerable ; though be- yond doubt there is a Copper Mine in the vicinity ; and there are great quanti- ties of iron ore near Rutland. There are two great falls of water here, known by the names of Medes's and Sotherland's Falls, on each of which are corn and saw-mills. Mr. Osgood, in the year 1794, erected, on Otter Creek, the best corn-mills in the County. Here also is a Printing Office, an Oil Mill, a Hat Manufactory, a large Brewery, and a Manufactory of Nails. The water is con- veyed from the mountains in wooden pipes, laid about two feet under ground. Every material for building, except glass and paint, are made here. The prin- cipal timber is pine, maple, hemlock, and birch. Pot and pearl ash are made in great abundance. The wolf and bear often descend from the East mount-


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ains, and do much damage, destroying the sheep and corn. The value of the land is from twenty shillings to sixty pounds an acre. The number of inhab- itants about sixteen hundred, emigrated from England, Ireland, New Hamp- shire, Massachusetts, Rhode Island, Connecticut, and the State of New York."


The above forms a most interesting and, doubtless, a tolerably correct pic- ture of the town of Rutland and the little village of that remote day, and is a basis for the subsequent history that should not be ignored.


In many respects the site of the village of Rutland is not surpassed in gen- eral adaptation and beauty of situation and surroundings by that of any village in the State. The older part, which Mr. Graham has described, stretches in length from north to south over a gracefully rounded low hill, which is in real- ity a foot-hill of the Green Mountains. This hill slopes off westward to the valley of Otter Creek, and down this slope and on the level lands at its foot is thickly built the newer and now most active part of the village. Towering heavenward on the east are the majestic peaks of Killington, Shrewsbury and Pico, forming part of the Green Mountain Range, and west of Otter Creek stretch the less important Taconic Range, their sides covered with forests from the peaks downward to near their feet, where are interspersed the cultivated fields and thrifty-looking farm-houses that characterize the better parts of this county. In summer days this valley and its environs form a scene of grandeur and picturesque loveliness that is seldom equaled, even by the lavish hand of nature.


According to Mr. Graham's further statements, " Doctor Williams, Mr. Mattocks, Mr. Smith, Mr. Buell, Mr. Bell, Mr. Osgood, Messrs. Chipmans, Messrs. Williams, are the leading people of the town." He then proceeds to pay a high tribute to the learning and character of Samuel Williams, LL. D. Of Nathaniel Chipman he says: "Mr. N. Chipman is one of the first Law char- acters in the State. He has been District Judge, and Chief Judge of the Su- preme Court. Mr. Darius Chipman is a good lawyer, assiduous and persever- ing in his profession, a gentleman of wit and humour, and a most agreeable companion.


" Mr. Mattocks is treasurer of the State, which office he discharges to the universal satisfaction of the people. Mr. Smith was educated at the University of Connecticut, and was bred to the Law ; he is a good scholar, conversant in special pleadings, and is now a representative from the State, in Congress ; his manners are mild, modest, and agreeable.


" Mr. Buell is a practitioner at the Bar, and much merit is due to him for his ambition and perseverance in the objects of his pursuit, the more so per- haps for his devoting himself to a laborious profession, while nature has en- dowed him with great original talents for Poetry, the fascinating charms of which few minds have sufficient resolution to withstand.


" Mr. Bell [Jonathan Bell noticed in a previous page], is High Sheriff of


OLD STATE HOUSE, RUTLAND, VT.


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the County, a gentleman of the strictest honour and veracity, has a tenacious memory, and I can with propriety declare he is better informed in point of the local business, and the true situation of individuals, in the different counties, than any person in the Commonwealth."


Mr. Graham then pays a very eulogistic tribute to Mr. Stephen Williams, who was one of the selectmen of the town in 1795-96 and '97. We find no records further of this pioneer. In connection with a high testimonial to the character of Rev. Lemuel Hayes, Mr. Graham concludes his notes on this town by stating that " on the West side of the town, the farmers are better husband- men than those on the East, and raise the best wheat, butter and cheese ; great quantities of wheat they send off to foreign markets." I


With the early settlers in the immediate vicinity of the site of Rutland village and their locations, the reader has already been made familiar. Among these pioneers he has learned also that there were many men of strong char- acter, a large measure of general intelligence and vigorous energy and enter- prise that enabled them to accomplish important work in the new community. This site, as we have endeavored to show, was a prominent one, although it is generally believed that the situation at Center Rutland offered better advan- tages as the site of a village than this ; and it is probable that if the owners of the land in that vicinity in early days had not held it at so high a figure, the larger business center of the county would have been located at that point.


The village of Rutland in early days, as indicated by Mr. Graham's de- scription, and indeed down to about the year 1846, was built almost entirely on Main street and West street. Green street and Woodstock avenue are old highways, but aside from these all the streets in the village have been opened since the year named. Previous to that time from near the top of the hill on West street to the creek there were only four houses - the Ruggles houses (three in number) and Chipman Thrall's. The old State-house, now the old- est building in the village, was erected about the year 1775, and there the courts were held from 1784 to 1792, having been held previous to 1784 and after the county organization in 1781, at Tinmouth. The building then com- prised only two rooms, one having a floor and the other none. The west end contained the court-room, with a floor and seats on the north side, a little ele- vated, for the judges, and benches for the jurors, witnesses and spectators. The east end had no floor and was used miscellaneously for other public pur- poses. The first jail was built of logs and stood a few yards northwest of the court-house ; this was used but for a few years, when the stone jail on Main street (now the residence of George E. Lawrence) was erected. There is much of historic interest attaching to the old State-house, as it has come to be known. It was there that the first United States District Court held in Ver-


1 For sketch of Mr. Graham's life see chapter on the Bench and Bar of the County.


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mont convened, on the first Monday in May, 1791, with Nathaniel Chipman as judge, and Frederick Hill, clerk. The State Legislature met there in 1784 and 1786, alternating with Windsor, and in 1786 the old structure was for a brief period in control of the anti-court mob.


On the corner where Daniels & Bell were for years prominent merchants of the place (now occupied by the store of G. W. Hilliard) was a building erected previous to 1795 by John A. Graham, from whose book we have quoted ; parts of the old structure are incorporated in the present building. Just south of this stood the old Franklin House, for years one of the most pop- ular hostelries in the county. The Herald was then published at what was known as the old Fox place, on Main street, and a bookstore kept in connec- tion with the office, as was customary in early years. In the old numbers of the Herald we look for advertisements of the early business of the village ; but find little to enlighten us until after the beginning of the present century. In numbers of the paper for the year 1797 is an advertisement signed Elias Buell, who offered for sale for ready pay, " an elegant Mansion House forty- four by thirty four feet, Beautifully situate fronting the Square in Rutland," etc. " The premises are well situate for a Merchant, or public house for which it is now licensed."


Trobridge Maynard was a saddler, probably about the first in the town, and advertised in 1796 for " a smart active boy about fourteen years of age to learn the business." He died in 1801, aged only thirty-four years. James Daviss and William Leadwell were clothiers in 1795 and in January called for "a couple of likely good journeymen taylors." Joseph Munn kept the tavern near the court-house (the Franklin), and Crafts & Ingalls came out in 1796 with a column announcement of their general mercantile business " adjoining Munn's tavern." William Hale was a cabinet-maker " 100 rods west of the State house, Rutland," in 1796, and about that time the partnership between Ralph Pomeroy and Daniel Parsons was dissolved, and soon afterwards Mr. Pomeroy became associated with " Dr." Thomas Hooker, as merchants ; Mr. Hooker was a prominent business man before the beginning of the present century, and lived on the east side of Main street north of the Daniels & Bell store ; in 1795 we find him advertising that he had " just received from Lon- don a large and general assortment of drugs, medicines," etc. The firm of Pomeroy & Hooker was a prominent one for some time and they probably added groceries to their stock. Mr. Hooker died in April, 1836, at the age of sixty-six years. In 1795 William Storer was a silversmith and Sampson Ladd a carpenter and joiner ; both of them called for an apprentice in that year. Eben. Mussey, who has already been mentioned among the pioneers of the town, dealt in leather, etc., half a mile south of the court-house, Rutland, and advertised " well-tanned sole and upper leather, skins and Boot Legs of supe- rior quality ; " he died in 1841, aged seventy- seven years. In the same year


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we learn that Messrs. Pepoon, Fuller & Co., " have for sale at their store next door to the old Corner Tavern in Rutland, now kept by Captain Lester, an as- sortment of dry goods, groceries, crockery and hardware." This firm was probably successor to John Gove and Ozias Fuller ; in 1796 the firm became Silas Pepoon & Co., the company being Silas Whitney. In June, 1795, Eli- jah Taylor made the public announcement that he "has opened a tavern at the house lately occupied by Major Buell, in Rutland." Issacher Reed was a merchant at this time, "a few rods east of the meeting house," and in July, 1795, offered for sale a " store lately occupied by Mr. Lewis, a few rods north of the court-house." He for years kept Reed's Hotel on West street. Eleazer Wheelock was a well-known resident of the village and was here as early as 1795, in which year he was engaged in delivering newspapers on what he termed his "northern ride;" in later years he owned the hotel now known as the Brock House ; Mr. Wheelock subsequently became prominent in the large staging business that was carried on for many years, and died in 1841. One of the principal lines was from Albany to Burlington, passing through several of the towns of the county; another came in from Boston and an- other from Rutland to Whitehall. Rutland and Castleton were the prominent stage headquarters of this county. Mr. Wheelock's daughter became the wife of Dr. James Porter. John and William Smith were blacksmiths here in 1795, and in the same year David Stevens, " late of Walpole, N. H.," advertised the opening of "the boot and shoe-making business a few rods north of the meet- ing-house, East Parish, Rutland ; " he also carried on a small tanning and cur- rying business ; he adds to his card, " if distance renders it inconvenient to Pay when the work is done, Credit will be given till the first of Sleighing ; " which was certainly a fair proposal. Ralph Page was a clothier and merchant " one mile west of the court-house." Abel Page, an early settler, long kept tavern where Nicholas Davis now lives on West street ; afterwards kept by Alanson Dyer. Mr. Page was grandfather of Mrs. General Custer. He re- moved west many years ago, and died in Michigan. Jonas and Anthony But- ler were merchants. Joseph Atley was a distiller here in very early years, and it is probable that it was his distillery which John A. Graham alluded to as a " large brewery ; " for it is doubtful if there was a brewery of any kind here then. Uri Hill did the house and sign painting for the little village, and as evidence that the light accomplishments were not neglected it is announced that Aug. St. Paul had opened a dancing school in Rutland and Middlebury ; the sessions in Rutland being held at the houses of Nathaniel Gove and " Land- lord Munn." The Herald was then printed by J. Kirkaldie. His son David lived at Center Rutland and and was a mail carrier in early life ; later he lived just east of the site of the Bardwell house ; he died in 1853.




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