History of Windsor County, Vermont, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 17

Author: Aldrich, Lewis Cass. ed. cn; Holmes, Frank R
Publication date: 1891
Publisher: Syracuse, N. Y., D. Mason & Co.
Number of Pages: 1260

USA > Vermont > Windsor County > History of Windsor County, Vermont, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 17

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The first term of the County Court for Windsor county was held at Windsor, on the last Tuesday of May, 1781, at which his Honor, Judge Payne, presided, while Joseph Marsh and Bezaleel Woodward served in the capacity of associates. Windsor was continued to be the temporary seat of justice of the new county until the efforts of Benjamin Emmons secured the permanent location for county buildings at Woodstock ; and even after Woodstock became so designated, courts were afterwards held at Windsor, as a half-shire town of the county, for a number of years. In the year 1787 courts were first held at Woodstock.

It cannot be said with any present degree of certainty whether or not any of the first judges of the Windsor county courts were sufficiently versed in legal lore as to be deemed "learned in the law," a quality now essential in order to be elevated to the president or chief judgship, but with the associates or side judges it has never been required that they possess a legal education in order to qualify themselves for their duties. Elisha Payne, the first chief judge of the county, was not a lawyer, neither was his successor in office, Joseph Marsh, the school learning of the latter having been only such as was acquired in a single month.

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HISTORY OF WINDSOR COUNTY.

But notwithstanding that, Judge Marsh was a learned man, and pos- sessed such intellectual ability as made him not only an excellent judge, but withal one of the most influential men of his time. His services on the bench continued from 1782 till 1796, when he was succeeded by Luther R. Morris, the latter serving as chief judge but two years.

The courts which have been mentioned in this chapter-the Superior or Supreme, and the County Courts-were the organized ones of the shire. The revised constitution, which was adopted upon the recom- mendation of the Council of Censors, provided for other courts than those formed under the first constitution ; and the revisions and amendments that have been made at various other times, several in number, have amply provided for the courts of the State and county, and their pow- ers and disposition, all of which it can hardly be considered within the province of this chapter to discuss, however important and interesting the subject might be. The several changes that have been made, and the courts that have at different times been established and abolished, are within the understanding of every well-informed lawyer, and any further comment upon them would appear to be superfluous. But it will not be considered out of place to here make mention of the judges of the Supreme Court of Vermont from the year 1778 to 1800, both in- clusive, for such, a record will bring to the present bar the names of some of the brightest legal minds of Windsor county, whether or not they were recognized as members of the legal fraternity. The follow- ing succession is taken from "Thompson's Vermont " :

1778, Moses Robinson, chief judge, John Shepardson, John Fassett, jr., Thomas Chandler, and John Throop, associates ; 1779, Moses Rob- inson, chief judge, John Shepardson, John Fassett, jr., John Throop, and Paul Spooner, associates; 1780, Moses Robinson, chief judge, Paul Spooner, John Fassett, jr., Increase Moseley, and John Throop, asso- ciates ; 1781, Elisha Payne, chief judge, Moses Robinson, John Fassett, jr., Bezaleel Woodward, and Joseph Cadwell, associates; 1782, Moses Robinson, chief judge, Paul Spooner, Jonas Fay, John Fassett, and Pe- ter Olcutt, associates ; 1783, Moses Robinson, chief judge, Paul Spooner, John Fassett, Peter Olcutt, and Thomas Porter, associates; 1784, Paul Spooner, chief judge, John Fassett, Nathaniel Niles, Thomas Porter, and Peter Olcutt, associates; 1785, Moses Robinson, chief judge, Paul

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Spooner, Nathaniel Niles, John Fassett, and Thomas Porter, associates; 1786, Moses Robinson, chief judge, Paul Spooner, Nathaniel Niles, Na- thaniel Chipman, and Luke Knowlton, associates ; 1787,1 Moses Rob- inson, chief judge, Nathan Niles and Paul Spooner, associates ; 1788, Moses Robinson, chief judge, Paul Spooner and Stephen Row Bradley as- sociates ; 1789-90, Nathaniel Chipman, chief judge, Noah Smith and Sam- uel Knight, associates ; 1791-92-93, Samuel Knight, chief judge, Elijah Paine and Isaac Tichenor, associates ; 1794-95, Isaac Tichenor, chief judge, Lott Hall and Enoch Woodbridge, associates ; 1796, Nathaniel Chipman, chief judge, Lott Hall and Enoch Woodbridge, associates ; 1797, Israel Smith. chief judge, Enoch Woodbridge and Lott Hall, asso- ciates ; 1798-99-1800, Enoch Woodbridge, chief judge, Lott Hall and Noah Smith, associates.

Succession of presiding judges of the Windsor County Courts : Elisha Payne, 1781-1782 ; Joseph Marsh, 1782-1796; Lewis R Morris, 1796- 1798; Stephen Jacob, 1798-1801 ; Paul Brigham, 1801-1802; Jesse Williams (declined), 1803 ; Elias Keyes, 1803-1814 ; Ebenezer Brown, 1814-1815; Elias Keyes, 1815-1817; William Strong, 1817-1818; Elihu Luce, 1818-1822; William Strong, 1822-1823; Aaron Love- land, 1824-1825; Abner Forbes, 1825; Titus Hitchinson, 1825-1833 ; Jacob Collamer, 1833-1842; William Hebard, 1842-1845 ; Daniel Kel- logg, 1845-1850; Jacob Collamer, 1850-1854 ; Abel Underwood, 1854- 1857; Isaac F. Redfield, 1857-1860 ; James Barrett, 1860-1880; Rus- sell F. Taft, 1880-1882; John W. Rowell, 1882-1886. In 1886 a change was made in the judicial arrangements by which it was provided that the courts held in the county should be presided over by the judges alternately. The former practice was that one or more of the judges should be assigned to a district of the State, and hold all the courts of that district.

Succession of assistant judges: Joseph Marsh, Benjamin Emmons, Bezaleel Woodward and John Weld, by appointment from Governor and Council, April 16, 1781. Thomas Murdock, 1782-1787 ; Elias Weld, 1782-1790; Elijah Robinson, 1782-1801 ; Abel Curtis. 1782-1784; Paul Brighton, 1784-1788, and 1790-1796 ; Jesse Williams, 1786-1803; Asaph Fletcher, 1801-1805 ; Aaron Leland, 1803-1817 ; William Hun-

' After the revision of the constitution only two associate judges were chosen.

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HISTORY OF WINDSOR COUNTY.

ter, 1805-1816 ; William Strong, 1816-1817 ; Amos Heald, 1817-1818; Aaron Leland, 1818-1822 ; Daniel Dana, 1818-1820; John Bridge, 1820-1825 ; Abner Forbes, 1822-1829; Aaron Loveland, 1823-1824; Thomas Emerson, 1824-1828 ; Samuel W. Porter, 1828-1838; William Steele, 1829-1831 ; Royal M. Ransom, 1831-1832; Samuel C. Love- land, 1832-1834 ; Ephraim D. Briggs, 1834-1836; David Pierce, 1836- 1845 ; Reuben Washburn, 1838-45; Walter Thomas and Thomas Barrett, 1845-1849 ; Hampton Cutts and Calvin French, 1849-1852; Gardner Winslow and Barnabas Deane, 1852-1854; Daniel Woodward and Joseph Dodge, 1854-1856 ; Walter Palmer and Napoleon B. Roundy, 1856-1859; John S. Marcy, 1859-1872 ; Joseph W. Colburn, 1859- 1863 ; John Wilder, 1863-1866; Calvin French, 1866-1879; Crosby Miller, 1872-1882 ; William M. Pingry, 1879-1885 ; William C. Dan- forth, 1882-1886; William Rounds,1 1885-1889; Nelson Gay, 1886- 1887 ; Charles P. Marsh,1 1887-1889.

Of the practitioners at the bar of Windsor county, past and present, many have attained distinction, and some eminence. Among the lead- ing legal minds of this commonwealth this county has furnished her full quota. On the bench and at the bar of her courts have been found many lawyers of strict integrity and rare ability ; men of worth, men of char- acter, men whose social and mental qualities have made them famous, men whose marked attainments have made for them a high standard in the legislative halls of the State, and in the governmental affairs of the nation; men whose influence has been so salutary and all-pervading that the entire bar seems to have caught something of its spirit, and maintained a freedom from all unworthy methods as can be found in very few communities.

Difficult, indeed, would it be to name the pioneer members of the legal profession in Windsor county. It is now more than one hundred years since the first courts were organized, and the earliest dockets disclose but little information throwing any valuable light on this subject; and the early bar recorded nothing of its own history. Still, from the brief en- tries found in the court dockets, there appears the surnames of several who are, perhaps, entitled to be placed among the pioneers of the pro- fession ; such names as Stephen Jacobs, Elijah West, Stephen Row Brad-

' Present assistant judges.

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ley, Jacob Smith, John Hunt, Jonathan H. Hubbard, Reuben Atwater, Nicholas Bayless, Paschel P. Enos, Daniel Farrand, Titus Hutchinson, Oliver Gallup, Charles Marsh, Paul Brigham, Amasa Payne, and other worthy counselors, among whom are found the names of Buck, Barrett, Hall, Cady, Bishop and others whose Christian names cannot now be re- called. These were the pioneers of the profession in this county, all of whom are believed to have practiced in the courts prior to the year 1800, and a number of them before 1787. From the meager and unreliable information found among the ancient court records, it would appear that Stephen Jacobs was, perhaps, the leading lawyer of the bar in his time, if the participation or appearance in the greatest number of actions entitles one to be so designated. His name, too, appears on the first dockets as attorney, but where he was admitted and how long he continued practice cannot now be accurately determined. He was State's attorney in 1786, and afterward, 1798-1801, presiding judge of the County Court.

And it is something surprising, too, to observe the great amount of ligitation engaged in over a century ago, as disclosed by the dockets, when the population of the county was less than half of what it now has. And it is a fact that before the year 1800 there was a greater number of causes on the docket than the average from year to year of the present day. At that time there was less money, but there were more disputes, as the machinery of business was less perfectly organized, and land titles were not wholly settled. The character of ligitation, say from half to three-quarters of a century ago, has been thus described by an old prac- titioner :

"The business of an attorney of those earlier days was largely before justices of the peace, and was chiefly, and so in all the courts, the col- lection of debts, by employing the severe pressure upon debtors which the law then invited. Money being scarce, business was done mainly upon credit, and to a considerable extent in barter. Older lawyers will perhaps remember the obligations made payable in 'good merchantable hollow ware,' 'fulled cloth,' 'grain,' 'neat cattle, bulls and stags excepted,' or 'good New England rum,' and the like. It was not an unusual de- vice of the country traders to make nominal changes in their partner- ships from time to time, or put forth other ostensible reasons for placing their books in the hands of the village lawyer for collection of accounts.

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HISTORY OF WINDSOR COUNTY.

The temptation of fees and income dependent upon the number of suits brought, which fees were expected to come out of the debtor in the form of costs, and the credit of being reputed a sharp collecting lawyer, was a stimulus to him to push the law to its extremities of coercion. At the same time the creditor might be ready with the instructions, 'put him in jail. He will contrive some way to pay; or his friends wont suffer him to lie in jail; or the town will see the debt paid rather than support his family as paupers.' In the case of a debtor who had credit or means of credit, but no present money, the grand economy was to pursue the cause to judgment, execution and commitment, when the debtor would give a jail bond, and generally immediately violate its provisions. Then would follow a new suit upon the bond, with judg- ment, execution, commitment, and a second jail bond, breach and suit, and so on indefinitely. to the increasing profit of the attorney.

" After a time the Legislature, envying the lawyer's happy state, ruth- lessly cut off this source of his gain by prohibiting the taking a second jail bond when the judgment was upon a jail bond, a provision now found in the revised laws. Many a village lawyer in Vermont laid the foundation of a fortune for himself and family in these early conditions of practice; and it was not unusual for one to bring several hundred suits, yearly, chiefly before justices, and for small collections. The changes of fifty years in business, society, and the law have left the attorney of the present day but little of this class of business,-a change not to be deplored."

Since the settlement of the cases arising under the national bankrupt act of 1867, the dockets of the courts have been constantly growing smaller. From a published report it is found that in 1877-78, through- out the State, there were 2,581 entries of civil causes, 181 jury trials, 775 decrees in Chancery, and 209 Supreme Court judgments. In 1882-83 the business had diminished until there were only 1,391 entries of civil causes, 99 jury trials, 318 decrees in Chancery, and 183 Supreme Court judgments. On the other hand the suits tried in recent years have occasionally involved large property interests; heavy corporate litiga- tion has noticeably increased, and lawyers of established litigation have still enough to do.

Still, men will fall into dispute, and honestly and earnestly differ upon

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some business transaction ; but these matters are generally settled by compromise, through the intervention of friends, and occasionally the attorney, and comparatively few of them are carried through the courts. The general tendency seems to discountenance rather than promote liti- gation ; if the debtor is good he generally " settles" in some manner, but he against whom a debt is prosecuted to judgment may be generally considered as execution proof, and " nulla bona" is in most cases found noted in the sheriff's handwriting on the back of his writ of execution.

It would indeed be the grossest injustice imaginable to attribute to the whole early bar of Windsor county the qualities described by the quo- tation above from the pen of an old practitioner. That may have ap- plied to some members of the bar, but not to the whole profession, for the great majority of lawyers, early and late, have been free from any such characterization, or any such indulgences for sordid purposes.

The Bar Association .- Societies or organizations among members of the legal profession, similar to that to which the above name has been ap- plied, are not of infrequent formation ; but it is customary that when or- ganized they become incorporated, though it appears that that of Wind- sor county never entered upon such a state of existence. The first and only effort, of which there appears any record whatever, looking to the organization of a Bar Association in this county, was made at the March term of the County Court, at Woodstock, in the year 1806. It appears that at that term the assembled attorneys associated themselves to- gether, but whether or not they adopted a constitution and by-laws can not at this day be ascertained ; nor can it be learned what the precise object of the society may have been, except to attribute to the legal gentlemen comprising the association a desire to promote a more friendly acquaintance among members, and for the discussion of such legal propositions as would naturally and properly come within the prov- ince of such an organization, and for mutual protection and benefit.

Judging from the somewhat singular business transactions, in the nature of " Regulations and Rules " for the ostensible government of the society, it might fairly be inferred that the last suggested object, " mutual protection and benefit," was the controlling element that led to the or- ganization of the association, for one of the many rules required that no practicing attorney should receive any student-at-law into his office

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HISTORY OF WINDSOR COUNTY.

without the payment to the attorney of a tuition fee of two hundred and fifty dollars. Other conditions and restrictions were laid down by the association, some of which, perhaps, were intended to modify or qualify the apparently severe rules, and to provide for exceptional cases or con- tingencies.

This association, while it had no controlling power with the courts, did have, nevertheless, a recommendatory authority, at least so far as governing the conduct of an attorney in his relations with his clients ; and there were certainly two instances in which members of the profes- sion were disbarred by the court, at the recommendation of the society, for having engaged in practices prohibited by the rules. Therefore some good did " come out of Nazareth."

The exorbitant fee rule did not appear to have worked to the entire satisfaction of all the members of the association, but was kept in force for a period of some eight years, when its rigors were somewhat qualified by an amendment or substitute to the effect that students pay a tuition fee of fifty dollars per year. One of the original rules required that a student not possessing certain prescribed qualifications in the matter of education, should be obliged to remain in an attorney's office for a term of five years, from which fact it would seem that unless the original rule was in some manner abated, the supplementary provision that placed the fee at fifty dollars per year was no substantial modification after all.

But it is hardly proper to comment at much length upon the peculiar laws of this legal organization. Like all others, it had its advantages and its faults, which may be said to have been about equal It contin- ued to exist till somewhere about 1840, and then passed naturally out of existence, since which time its rules have been numbered among the " obsolete laws."

During his incumbency of the office of county clerk Norman Williams prepared a list of the attorneys who were admitted to practice in Wind- sor county, prior to the year 1839, his compilation in the docket in which it was written being entitled thus: "List of attorneys admitted to the County Court in Windsor county previous to the year 1839. (Imperfect.)" It is believed that Mr. Williams added the word "im- perfect" to indicate that he had not searched the very earliest records to ascertain who were admitted, as Mr. Jay Read Pember, the present

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clerk, has "gone through " the dockets which were examined by Mr. Williams (subsequent to 1799, and continuing many years), and he makes but one addition to the roll as prepared. But Mr. Williams makes no entries of names of attorneys who were admitted or practiced in the county prior to 1799, which fact may account for what he con- sidered an imperfect list.

Further than that above stated, Mr. Williams prepared a roll of the attorneys who were admitted in Windsor county, commencing with the May term of 1839; and this has been continued by his successors in office to the present day. The names that are given in the earlier pages of this sketch, relating to the old attorneys, are the result of Mr. Pem- ber's research. And in addition to the explanations already made, it should be stated that the following list of attorneys cannot be considered as absolutely perfect, from the fact that there will not appear the names of those who now are or heretofore may have been lawyers of the county, but who were admitted elsewhere, in other counties, and after admission located in Windsor county for the practice of their profession; and there was a time in the history of the bar of this State when an admission to the Supreme Court was not an admission to the County Court, and conversely.

Commencing with the year 1799 the roll prepared by the persons heretofore named is as follows: 1799, March term, Luther Mills ; Sep- tember term, Cyrus Ware. 1800, March,I Zenas Clark; September, Horace Everett. 1801, March, Eliakim Spooner; September, Martin Field; December, Stephen Mix Mitchell. 1802, March, David Storrs, Alvin Foot; September, John H. Crane ; December, Samuel Whitney, jr. 1803, September, Theophilus Olcutt, Stephen Grant. 1805, Sep- tember, Joseph Paine. 1806, September, John Nelson. 1807, Septen - ber, Henry Hutchinson. 1808, March, Job Lyman, Frederick A. Sum- ner; September, John M. Foster, Samuel Sheldon, Thomas Robinson. 1809, March, Henry P. Brown; September, Harvey Chase, James Hutchinson, George Woodward, David Sloan. 1810, March, Samuel Shuttleworth. 1811, March, Jonathan Hunt. 1812, September, Sam- uel Leland. 1814, March, Simeon Short; September, Carlos Coolidge, Nomlas Cobb. 1815, March, Daniel Wells; September, Titus Brown.

'The word " term " is hereafter omitted.

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HISTORY OF WINDSOR COUNTY.

1816, March, Isaac N. Chshman, David Pierce. 1817, March, Asa Holton, Jason Steele, Joseph R. Jarvis. 1818, September, Nathaniel K. G. Oliver. 1820, March, Jeremiah Field; September, Wyllys Lyman, Samuel Shuttleworth, jr. 1822, September, Lyndon A. Marsh. 1825, September, Edwin Edgerton, Thomas S. Fullerton, George P. Marsh. 1826, June, Edwin Hutchinson; December, Jabez Sargent, Elijah Par- ker, Harvey T. Leavitt, Royal M. Ransom, Andrew Tracy. 1827, De- cember, William May, Oramel Hutchinson. 1828, June, Alden C. Noble, Henry Hutchinson, Benjamin Swan, jr., William Gordon ; De- cember, John S. Marcy. 1829, May, Solon Grout, Edward P. Harris,

Salmon F. Dutton.

1830, June, Josiah Chandler. 1831, November,

1832, May, Joseph Alexander Swett; November, Charles C. Marsh.

Andrew Royce. 1833, May, Philander C. Freeman, Hamden Cutts ; November, Nathaniel Sprague. 1834, November, James M. Gates. 1836, November, Sewall Fullam, jr. 1837, May, Calvin French, Luther Adams, Harrison Smith. 1838, May, William E. Smiley, Peter T. Washburne. 1839, May, William H. Duncan, of Hanover ; November, James Barrett, of Woodstock. 1841, May, Sebastian R. Streeter, of Woodstock, Henry E. Stoughton, of Chester, Warren Currier, of Wind- sor ; November, John F. Dean of Cavendish, Josiah Q. Hawkins of Reading. 1842, May, Gilbert A. Grant of Windsor, Albert M. Hol- brook of Bethel, Samuel W. Slade and Abel Merrill, jr., of Woodstock, Dan Tracy of Hartford, Frederick L. Willard of Windsor, Ivory W. Richardson of Chester; November, Lyman Mason of Cavendish, Fred- erick C. Robbins of Ludlow. 1843, May, Charles P. Marsh of Wood- stock, Daniel C. Heald of Chester, Charles Jarvis of Weathersfield ; November, Noah B. Safford of Springfield, Morris A. Cook of Ches- ter, James A. Hall of Reading. 1844, May, Warren C. French of Woodstock, Thomas Hale of Chelsea. 1845, March, Daniel C. Denni- son of Royalton, Charles H. Crosby of Chester. 1846, March, Lucius C. Boynton of Woodstock. 1847, May, Clark H. Chapman of Caven- dish; November, William Collamer of Woodstock, Ambrose A. Ran- ney of Townshend. 1848, May, Frederick Billings of Woodstock ; No- vember, Reuben H. Washburn of Ludlow, Spencer H. Leonard of Ches- ter. 1849, May, Henry C. Stoughton of Royalton, Dudley T. Chase of Windsor, Rufus F. Andrews of Woodstock; September, Rufus F. An-

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drews of Woodstock; November, Josiah W. Hubbard of Springfield, John Ward of Woodstock. 1850, May, Jabez C. Crooker of Hartland ; December, Oramel S. Senter of Thetford. 1851, May, Charles M. French of Proctorsville, William Rounds, jr., of Chester; December, William J. Loveland of Norwich. 1852, May, Volney S. Fullam of Lud- low; December, Henry B. Hopkins of Chester. 1853, December, John Alonzo Chandler of Woodstock, Charles Carroll Dewey of Woodstock, Austin Adams of Windsor. 1854, May, Dennis N. Cooley of Wood- stock. 1855, May, Lewis A. Grant of Chester; November, John S. Washburn of Ludlow. 1856, December, Jonathan B. Farnsworth of Woodstock, William W. Howard of Plymouth. 1857. December, Bez- alee W. Lovell of Springfield, Norman Williams, jr., of Woodstock, James Gilman Henry of Woodstock. 1858, May, James J. Wilson of Bethel ; December, Henry Foster Anderson of Woodstock. 1859, May, Gilbert A. Davis of Chester; December, Don H. Woodward of Spring- field, Samuel E. Pingree of Bethel. 1860, May, Jacob E. Taylor of Woodstock, Royal B. Roundy of Weathersfield, Redfield Proctor of Cavendish, Stephen M Pingree of Bethel, Henry B. Atherton of Cav- endish ; December, Wheelock G. Veazey of Springfield. 1861, May, George C. Hathaway of Woodstock, Patrick Henry Hutchinson of Ches- ter ; December, Christopher A. Webber of Rochester, William H. Wal- ker of Ludlow. 1862, May, Henry H. Dennison of Royalton, Hugh Henry of Chester, William Wallace Southgate of Woodstock, Daniel B. Dudley of Royalton; December, Norman Paul of Pomfret. 1863, December, Moulton J. Gilman of Bethel. 1864, May, George H. Tamb- ling of Hartford ; December, Thomas O. Seaver of Windsor, James N. Edminster of Windsor. 1865, May, William E. Johnson of Woodstock, Frank J. Bowman of Barnard. 1866, May, George B. French of Cav- endish ; December, Franklin B. Dennison of Royalton, Frank G. Clark of Woodstock. 1867, May, Edwin J. McWain of Bethel. 1868, De- cember, James K. Polk Chamberlain of Pomfret. 1869, May, Martin H. Goddard of Ludlow, Edwin W. Fitch of Chester, John W. Marsh of Woodstock, Joseph C. Dennison of Royalton, David C. Hackett of Roy- alton ; December, Joseph Hiland Dodge of Andover. 1870, May, Ed- win White of Woodstock; December, Charles A. Wilson of Cavendish. 1871, May, John L. Spring of Lebanon ; December, Wallace Van Cor

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History of Windsor County, Vermont, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 17

Author: Aldrich, Lewis Cass. ed. cn; Holmes, Frank R Publication date: 1891 Publisher: Syracuse, N. Y., D. Mason & Co. Number of Pages: 1260

Author: Aldrich, Lewis Cass. ed. cn; Holmes, Frank R
Publication date: 1891
Publisher: Syracuse, N. Y., D. Mason & Co.
Number of Pages: 1260