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UNIVERSITY OF MASSACHUSETTS

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NORFOLK COUNTY , cy MASS VCH US H TFS: MAQGRAPHICAL SKEBITCHES PIONEERS AND PROMINENT MEN.

COMPILED UNDER THE SUPERVISION OF

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PHULADEE PHILA: J. W. LEWIS & CO.

1884.

PRESS OF LIPPINCOTT & CO., PHILADELPHIA.

— — — — — — — — —_——————EEEeOOOOO

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Copyright, 1884, by J. W. Lewis & Co.

PUES ne de ia a,

NEARLY two years ago the attention of the publishers, who have long made a speciality of this class of work, was called to the fact that a history of Norfolk County was needed. After mature deliberation the work was planned and its compilation. commenced. ‘The best literary talent in this section of the commonwealth for this especial work was engaged, whose names appear at the head of their respective articles, besides many other local writers on special topics. These gentlemen approached the work in a spirit of impartiality and thoroughness, and we believe it has been their honest endeavor to trace the history of the development of the territory embodied herein from that period when it was in the undis- puted possession of the red man to the present, and to place before the reader an authentic narrative of its rise and progress. The work has been compiled from authenticated and original sources, and no effort spared to produce a history which should prove in every

respect worthy of the county represented. THE PUBLISHERS.

PHILADELPHIA, May, 1884.

ili

INTRODUCTION. : i : : : 5 5 CHAPTER I.

THe Bencu AND Bar

CHAPTER TI

Tue Norrotk District Mepican Socrery A é 6

CoHPAGP AIH bela. DEDHAM.

The Settlement — The Town Covenant— Names of the Signers—Organization of Town Government—Character of Settlers—Formation of the Church—The Rey. John Allin—Division of “Lands—Burial-Ground—Training- Ground— Description of the Village in 1664 .

Ce HPAS ERE DiVic DepHam—( Continued).

Mother Brook, or East Brook—Dedham Island—Long Ditch—Indian Village at Natick—Pacomtuck, or Deer- field — Boggastow, or Medfield — Wollonomopoag, or Wrentham—Decease of leading Men among the First Settlers

CHAPTER V. Depuam—( Continued).

Indian Deeds—Philip’s War—Rey. William Adams—New Meeting-House—Timothy Dwight—William Avery— Daniel Fisher, the second—His Part in Resisting Sir Edmund Andros.

CHAPTER VI. Drepuam—( Continued).

Province Charter—Changes and Contentions—Incorpora- tion of Needham—Rev. Joseph Belcher—The Second Parish and Churech—Rey. Thomas Baleh—The Third Parish and Church—Rey. Josiah Dwight—Reyv. Andrew Tyler—Incorporation of Walpole—Services of Church of England begun—Rey. William Clark—Samuel Col- burn—Devise of Estate to Episcopal Church—Rey. Sam- uel Dexter—The Fourth Parish and Church—Rev. Ben- jamin Caryl—Services of Dedham Menin French Wars —New Meeting-House—Dr. Nathaniel Ames—The Pil- lar of Liberty—Events Prior to the American Revolu- tion ; : : : : 2 : 0 :

CHAPTER Vili:

Drpuam—( Continued).

Dedham Village in 1775—Leading Men—Lexington Alarm —Minute-Men and Militia Companies March—Siege of Boston—Town Votes upon Question of Independence— Bounties for Soldiers—Parishes Raise Money by Taxa- tion—Articles of Confederation Approved—Delegates to State Convention for forming Constitution—Expenses of

29

41

44 |

4 |

PAGE

Revolutionary War—Pecuniary Distress—Amendments to State Constitution Proposed—Col. Daniel Whiting

CUHVAC PAY Hives Vie lcalenle

DrepHam—( Continued).

Second Parish—Rey. Jabez Chickering—Third Parish—

Rev. Thomas Thacher—Fourth Parish Incorporated as a District under the name of Dover—Shay’s Rebellion— Incorporation of Norfolk County—Episcopal Chureh— Rev. William Montague—Old Church Removed and Re- built—Fisher Ames; Sketch of His Life—Edward Dowse —Rey. Jason Haven--Churech Covenant of 1793—Di- vision in the Third Parish-—-New Meeting-House—A bout Sixty Members Withdraw to the Baptist Society in Med- field—Second Parish and Church—Reyv. William Coggs- well

CHAPTER IX.

DrepHAam—( Continued).

| Dedham in the Beginning of the Present Century—Manu-

facturing Corporations——Mill Privileges on Mother Brook—War of 1812—Legacy for Schools in Will of Samuel Dexter—The First Church—Resignation of Rev. Joshua Bates—Parish elect Rev. Alvan Lamson-——Ma- jority of Church Refuse to Concur—Kcclesiastical Coun- cil—Protest by a Majority of the Church—Ordination of Mr. Lamson—Suit at Law to Recover Church Property —Decision of Supreme Court—New Meeting-House So- ciety Formed—Rey. Ebenezer Burgess—Improvements in Old Meeting-House—Third Parish—Rey. John White —Second Parish, Rev. Harrison G. Park, Rev. Calvin Durfee and his Successors—Description of Dedham Vil- lage in 1818—Dedham Bank—New Jail and Court- House—Town-House—Norfolk Mutual Fire Insurance Company— Dedham Mutual Fire Insurance Company— Dedham Institution for Savings—Gen. Lafayette’s Visit —Gen. Jackson’s Visit

CHAPTER X.

Depuam—( Continued),

Universalist Society, South Dedham—Episcopal Church—

Rev. Isaac Boyle—Rev. Samuel B. Babeock—New Church — Dedham Branch Railroad — Manufactures— Population in 1835—Newspapers—Centennial Celebra- tion, 1836—Dr. Lamson’s Historical Discourses, 1838— Dr. Burgess’ Discourse in “Dedham Pulpit’’—Rey. John White’s Historical Discourse, 1886—Rev. Mr. Dur- fee’s Historical Discourse, 1836—Destructive Fires— Improvements in Schools and School-Houses—Norfolk County Railroad—First Baptist Church, West Dedham —Baptist Church, East Dedham—Baptist Church, South Dedham—Methodist Episcopal Church, East Dedham— First Parish—Resignation of Dr. Lamson, and of Dr. Burgess—Third Parish—Successors of Rev. John White

53

57

63

vi CONTENTS.

PAGE |

—Successors of Dr. Lamson in First Parish—Improve- ments in Meeting-House—Successors to Rev. Dr. Bur- gess—Burning of St. Paul’s Church—New Stone Church —Chapel—Roman Catholic Chureh—St. Mary’s School and Asylum—Annexations to West Roxbury and Wal- pole—Dedham Gas-Light Company—Dedham Histori-

PAGE

CHAPTER XIX.

CoHASSET.

_ Pioneer History—Reference to Hingham—Heirs of the

71 |

Sachem Chickatabut—Deed from the Indians, July 4, 1665—The Pioneers: Beal, Cushing, James, Lincoln, Tower, Sutton, Bates, Kent, Nichols, Orcutt, Pratt, Stod-

.-- =

calle socicky, : . i 7 : ; ; : dard—The First Settlement—Its Location—Derivation CHAPTER XI. _ of name of Town—Incorporation of Parish—Little Diwan = ( Conciued) | Hingham—The Church—Petition for Incorporation of <F of ‘a ; i Town—Opposed by Hingham—Town Incorporated April The Civil War, 1861-65—Companies of Dedham Men— 26, 1770—Early Votes concerning Schools—Votes con- Their Services in the War—Commodore G. J. Van Brunt cerning the Revolution—Cohasset’s Representative at —Expenses of the War for Bounties and Aid to Soldiers’ the Boston Tea-Party—Maj. James Stoddard—War of Families—Memorial Hall—Names of those who Fell 1812—Shipwrecks, ete. . f . : f 4 216 Inscribed on the Tablets woul CHVACP HR eat | eran oie eos Depuam—( Continued). ConasseT—( Continued). Readville annexed to Hyde Park—Dedham Public Library Bankes Civil History, Miltary . : j ; ee —Incorporation of Norwood—Death of Rey. Dr. Bab- CVA Pin hE Raexexole cock—Steam Fire-Engine—Dedham Water Company— Couasser—( Continued) Temporary Asylum for Discharged Female Prisoners— 1 : . : ‘ Gricduic=Church of the’ Goad Shepherd Islington Ecclesiastical and Educational—Pioneer History—First ; - 7 5 sg Reference to Cohasset in Hingham Records—Various Congregational Church—New Colburn School-House— Pen neaala Cemotopy = Vawn Soal-Conelusion 88 Votes concerning the Town—Divisions of the Meadow : ; ; ; ‘ “| Lands with the Proprietors at Conihasset—The First I CHAPTER XIII. Meeting-House—Subsequent History—Methodist Soci- BRAINTREE " ; ; : t : ; ; 111 | ety in North Cohasset—Second Congregational Churech— ; - | The Beechwood Church—St. Anthony’s Church—Eduea- CHAPTER XIV. — | tional Interests é . : 6 c c : - 231 BrRAINTREE—( Continued) . : 2 : : é - 122 CHAPTER XXII. ae XV. CE ON Dover : 5 : é 3 : 5 é . - 238 BELLINGHAM. : ; : ° , : < - 1438 alae ‘ CHAP T HR xXx EET. TER XVI. QUINCY. | scsi ae | The Massachusetts Fields . : : : : 5 . 20% Early History as a Precinect—First Cession of Dedham— Purchase of Wrentham—The New Precinet—Church CAEIEASP SH Ri Noe Neal vies Organized— First Minister— Meeting-House— Church Quincy—( Continued). Music— Discords— Precinct Ministers— Revs. Haven, Gee ian Merrymont 4 : : . : : . . - 260 Barnum, Emmons—Civil History—-Move for a 'Town— Town History—Incorporation—Why named Franklin-— CHAPTER XXV. Town Library—Topography—Maps—Indian Traditions | Quincy—( Continued). —Revolutionary War—Sentiments in Town-Meeting— M Wollaste . é a : c : c . 268 Soldiers’ Second Meeting-House—Its Site, Cost, Bell— gun anonaewD

Moved and Modernized—Interior Glimpse of Home Life | CHA PDR, XOXVGr —Military Affairs—Trainings and Musters—The Poor Quincy—( Continued) —Burial Grounds— Post-Offices— Temperance— Early ?

: ., | Old Braintree . 5 : ¢ 5 3 : : . 276 MTIQUISERTCS | scesaresa cectacisesascsecrsiotevsce cece tsetstcacaseceseiedeee. 160 | CHAPTER XVIL CHAPTER, XX Ver

Quincy—( Continued).

FRANKLIN—( Continued).

| r oe 1 . Later Town History—Weclesiastical—Ministers of the First | eS Eo rrne roe ne. Cub ch ‘ : i i , =e

Churech—Other Churches and Meeting-Houses—South | CHAPTER. XOXVelLiE Franklin Congregational—Grace UniversaJist—Baptist | —Catholic—Methodist—Town Library—Publie Schools —High School—Franklin Academy—Dean Academy— College Graduates—Statistics of Material Growth—Town Industries—Straw Goods—Feltings, ete.—Newspapers— Railroads—Banks—Fire Protection—The Rebellion— List of Soldiers—Precinect and Town Officers—Centen- | The North Precinct Annals : : : : : - 323 nial Celebration . 5 4 : ¢ : ° pe dlide!

Qutncy—( Continued). | Life in the Colonial Town . ‘ : : Re - 295 | CHAPTER Xoxorxs

Quincy—( Continued).

CHAPTER XVIII. RANDOLPH . ~ : : ; : : § ; . 188

| CHAPTER XXX. | Quincy—( Continued). |

Modern Quincey . : 4 : : c 5 G . 355

in ii aL

ation—First Settlements— Petition for Preaching in 1709 — Petition for Act of Incorporation—Op posed by Dedham —Lands for Support of Ministry—Incorporation of Town —Named after Needham in England—The First Town- Meeting — Selectmen Elected — Burying-Ground—The First Minister—First Meeting-House—Westerly Pre- cinct Set Off—The First Church Bell—Early Educa- tional Interests—Social Library . 2 .

CHAPTER XLI.

Nerepu amM—( Continued).

War of the Revolution—The Battle of Lexington—Need- ham’s Prompt Response—Her Citizens perform Efficient

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CyHPA-P DERRE XO VL

WereymourH—( Continued).

Recovering from the Effects of the War—Work-House—

Local Matters—Smallpox—Norfolk County—Attempt to divide the Town—Business Enterprises—Post-Ofice— War with England—Alarm at Cohasset—Town Lines— Manufacturing Companies Discouraged—Surplus Rev- enue—Anti-Slavery Resolutions—Town Records—Town Hall—War of the Rebellion—Opening Scenes—Twelfth Regiment—Raising Troops—Military Records—Boun- ties—Thirty-fifth Regiment—Town Bonds and Seal—

CONTENTS. vii | : PAGE | . . PAGE CHAPTER XXXI. Service—They harass the British Retreat from Lexing- STOUGHTON. | ton and Concord—Ephraim Bullard alarms the Minute- Stoughton—Named in Honor of Governor William Stough- | Men—List of Names composing Needham Companies— ton—Territory allotted to Dorchester in 1637—Known | See Aaron Smith’s Company of Militia—Capt. Caleb aa the “New (Grant”==Dorchester South Precinect—A | Kingsbury’s Company of Minute-Men—Capt. Robert Part set off to Wrentham in 1724—Incorporation of | Smith’s Company—Sketches of the Killed—Incidents— Stoughton—Original Territory—Second Precinct set off Votes of the Town during the Revolutionary Period 518 in Oa ET of Tou in 1743—The CHAPTER XLII. First Town-Meeting—Incorporation of Stoughtonham— E ; ; The Revolution—Votes of the Town in 1723, 1724, 1725, _—| NeEpHau—(Continued). 1726 — Committee of Correspondence — Revolutionary Ecclesiastical History.—Congregational Church— Unitarian Bounties, ete. . . 389 Church—Baptist Church—Methodist Episcopal Church, Highlandville—Second Adventists . 526 C03) 5 OD.) 22d Wi pd ke. GQ ll SrouauTron—( Continued). CHAPTER XLIII. Ecclesiastical History.—Universalist Church—Congrega- NrEpHAM—( Continued). tional Church—Methodist Episcopal Church—Roman The Press—Civil History—Military Record.—The Need- Catholic Church—Methodist Episcopal Church, North ham Chronicle—Changes in Boundary-Line—Valuation Stoughton—Baptist Church, East Stoughton . . 394 | —Population— Documentary—Representatives—Select- | men—Town Clerks—Treasurers—Military Record 532 CHAPTER XXXIIT. SroueHton—( Continued). | CHAPTER XUV. The Press—The Stoughton Sentinel—Masonie— Rising Star | Mepway . : : : : : 5404 Lodge, F. and A. M.—Mount Zion Royal Arch Chapter : CHE XLV. —Stoughton Lodge, No. 72, I. 0. 0. F.—The Boot and APTER Shoe Interest—Civil History—Representatives and Town WeyMovrH. Clerks from 1731 to 1884—Military Record—Number of | Geography—Geology—General History—Weston’s Colony Men Furnished—Amount of Money Expended for War | —Gorges’ Settlement—Hull’s Company—Ecclesiastical Purposes . 403 | Troubles—Pequod War—Emigration—Town Govern- ment - 560 CHAPTER XXXIV. Houeroox . 427 ClHATP TB Ree kein Vor WeymoutH—( Continued). HAP y XKXXV. Ss © EES paca | King Philip’s War—Company of Horse—Town Affairs — MEDFIELD . . 439 Sir Edmund Andros—Military Company—Canadian CHAPTER XXXVI | Expedition—Local Matters—Town Boundaries—New q aga } i Precinet—Dr. White—Town Regulations—Parsonage one. Oe Property—Pigwacket Indians—Town Commons—Throat CHAPTER XXXVIL. | Distemper—French and Indian Wars—French Neutrals Wirorerae j wir | —Dr. Tufts—Highways—South Precinct . 067 CHAPTER XXXVIIL | CHAPTER XLVII. WeELLESLEY—( Continued). WerymoutHo—( Continued). Wellesley College 482 | Revolutionary War—Arbitrary Measures of the Crown— sley g 2 Agents Chosen to Meet in Boston—Committees of Cor- CHAPTER XXXIX. respondence—No more Tea—Energetic Action—Record Norwoop 495 of Votes on the Resolutions of Congress—Refusal to Pay | Taxes to the Royal Treasurer—Town Committee of Cor- CHAPTER XL. respondence—Minute-Men—Preparations for War— NEEDHAM. | Raising Troops—Declaration of Independence—Bounties Indian Occupation—Original Purchase in 1680—Consider- | —State Convention—State Constitution —Procuring Men | and Provisions—Soldiers to Hull 572

vill

CONTENTS.

Forty-second Regiment—Contributions— Difficulties— Fourth Heavy Artillery-—-Final Attempt to divide the Town—Soldiers’ Monument—Two Hundred and Fiftieth Anniversary — Water Question—Fire

Growth of the Town

Department —

CHAPTER XLIX: Weymoutn—( Continued).

Ecclesiastical History.-Congregational Churches——The

First Church .

CHAPTER L.

Weymoura—( Continued).

Congregational Churches (Continued): Second Church, Union Church of Weymouth and Braintree, Union Church of South Weymouth, Church at East Weymouth, Pilgrim Church—Methodist Episcopal: Church at East Weymouth, Chureh at Lovell’s Corner—Universalist : First Church, Second Church, Third Chureh—Baptist: First Church—Roman Catholic: Parish of St. Francis Xavier, Parish of the Immaculate Conception, Parish of the Sacred Heart, Parish of St. Jerome—Protestant Episcopal: Trinity Parish

CHAPTER LI. Weymoutu——( Continued).

Educational Institutions—Publie Schools-—-Wey mouth and Braintree Academy—Newspapers—-Wey mouth Histori- cal Society—Social Libraries—Mutual Library Associa- tions—Tufts’ Library

CHAPTER LILI.

Werymoura—( Continued).

Military Organizations: Early Companies, Company for the Castle, Weymouth Light-Horse, Weymouth Artil- lery, Weymouth Light Infantry, Franklin Guards— Grand Army of the Republic: Lincoln Post, No. 40, Reynolds Post, No. 58—Societies and Associations: Masonic Orphans’ Hope Lodge, Delta Lodge, South Shore Commandery, Pentalpa Royal Arch Chapter— Odd-Fellows: Crescent Lodge, Wildey Lodge, Wompa- tuck Encampment—Knights of Pythias: Delphi Lodge —Knights of Honor: Pilgrim Lodge—Weymouth Agri- cultural and Industrial Society—Other Organizations

COHCAS PERTH Reel Tekes WerymoutH—( Continued). Business Enterprises—Mills: The Waltham- Richards- Bates’ Mills, Tide Mill, Tirrell’s Mill, Reed’s Mill, Loud’s Mill, Vinson’s Mill, Dyer’s Mill—Turnpikes: Weymouth New and Quincy Bridge—Railroads: Old Colony, South Shore—Expresses

and Braintree, 3edford, Hingham —Telegraph — Telephone — Financial Corporations — Banks: Weymouth National, National of South Wey- mouth Weymouth, South Weymouth, East Weymouth—Weymouth and Braintree Fire Insur- ance Company—-Manufactures : mouth

Savings Banks:

Boots and Shoes—Wey- Iron Company—Fish Company—Weymouth Commercial Company—Ice Companies—Bradley Fer- tilizer Company—Ship Building—Bay State Hammock Company—Howe & French—Fire-Works—Mitten-Fac- tory—-Miscellaneous

CHAPTER

Weymovutru——( Continued)

LIV.

PAGE

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. 584

. 589

. 594

. 598 |

600 |

605 |

CHAPTER LV.

WRENTHAM. 5 5 a 5 R i 5

CHA PSE R Vee FoxBorouGH.

Incorporation of Town—EHarly History—The First Settler —Jacob Shepard—List of Early Settlers—Early Votes— The Pioneer Schools—The First Town Clerk—Church History—Early Votes—Manufactures, etc. .

CVA PTE Re baveigie FoxsorouGcH—( Continued). Military Record.—The Heroes of Three Wars—War of the Revolution—1812—War of the Rebellion—List of Soldiers, 1861—65—Patriots of 1776—Soldiers of 1812— Roll of Honor, 1861—65—Veterans of the War—Militia, 1796 < ‘ : é A . z -

CeHCA PD eR a Vel aie

Foxsorougu—( Continued).

Ecclesiastical History.—Congregational Church—Baptist Chureh— Universalist Church—Roman Catholic Chapels —Civil History—Delegates to Constitutional Convention —State Senators—Commission of Insolvency—Represen- tatives—Justices of the Peace—Selectmen—Town Clerks —Town House—Memorial Hall—The Howe Monument— Change in Boundaries—Masonic— Historical Items—The Press—The Centennial Celebration—Population—Sta- tistical . 3 c : : - A

CEVPAVR AT ER) lee WALPOLE.

Pioneer History—The Dedham Covenant—Indian Pro- prietors—Primitive Condition of the Country—Early Settlements—The Cedar Swamp— Petition for Precinct— Incorporation of Town—The French and Indian War— Capt. Bacon’s Company from Walpole—Slavery in Wal- pole—Deacon Robbins’ Slave “ Jack””—War of the Rey- olution—Resolutions of the Town—List of Revolutionary Soldiers—War of 1812—Capt. Samuel Fales’ Company of Light Infantry

CHAPTER LX.

W ALPOLE—( Continued).

| Ecclesiastical History.—First Congregational Society—Or- thodox Congregational Church—Congregational Church, East Walpole—Methodist Episcopal Chureh—Methodist Episcopal Church, South Walpole . = F A

CHAPTER LXI.

WaLpoLe—( Continued). | The Press—The Walpole Standard—The Walpole Enter- | prise—The Norfolk County Tribune—The Walpole Star —Manufacturing Interests—Civil History—The Town Hall—Military History—Number of Men Furnished —Amount of Money Expended—Roll of Honor—Memo- rial Tablets

CHA PMR exe ie MILTon.

Pioneer History —The First Settlements — Stoughton, Hutchinson—Grant of the Territory to | Dorchester—Release of Indian Title—Cutshamoquin—

Location of First Settlements—-King Philip’s War—

Glover, and

. 673

. 683

. 697

. 718

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CONTENTS. Pix PAGE PAGE Prominent Early Settlers—Biographical Sketches of CHAPTER LXXI. Prominent Citizens—Robert Vose, Robert Tucker, Ben- CANTON. jamin Wadsworth, Joseph Belcher, Oxenbridge Thatcher, Indian Name of the Town, Punkapaog—John Eliot—Or- John Swift, Peter Thatcher, Dr. Miller, Samuel Miller, ganization of Precinct, 1715—List of Precinct Officers— Governor Belcher, William Foye, Col. Gooch, Governor Incorporation of Stoughton, 1726—Roger Sherman— War Hutchinson, James Smith, Oxenbridge Thatcher, Jr., | of the Revolution—Various Votes—The Suffolk Resolves Samuel Swift, Nathaniel Tucker, Seth Adams, William —The First Troops from Stoughton—Capt. James Endi- Foye, Jr., Joseph Gooch, Benjamin Pratt, Col. Joseph | cott’s Company—Other Companies—Committee of Cor- Vose, Job Sumner, John Miller, Benjamin Wadsworth, respondence and Inspection—Documentary History— “W. S. Hutchinson, Josiah Badcock, Samuel Henshaw, | Incorporation of Town—Names of Petitioners—First Edward H. Robbins, Rufus Badcock, Thomas Thatcher, Town Officers—War of 1812—Extracts from Town Ree- Jesse Tucker, J. 8. Boies, Nathaniel J. Robbins, John ords—The First School-House . 919 M. Forbes, Solomon Vose, Roger Vose, Charles P. Sum- iY Gilly 6 = ake a a ek eo 730 CHAPTER LXXII. CHAPTER LXIII. Canton—( Continued). Mitton. Ecclesiastical History.—First Congregational Churech—Or- War of the Revolution 745 ganization—The Covenant of 1717—The First Pastor, CHAPTER LXIV. Rev. Joseph Se 13 First Celebration of the Lord’s Supper—The First Deacons—Extracts from the Early Minron—( Continued). Records—List of those who joined the Church during Mr. Ecclesiastical History.—The First Congregational Society— Morse’s Ministry—Death of Mr. Morse—Inventory of his The First Evangelical Society—The Second Evangelical Estate—Rev. Samuel Dunbar—Reyv. Z. Howard—Rev. Society—Lower Mills Baptist Church . 749 William Richey—Rey. Benjamin Huntoon—Succeeding Le Pastors—Church Buildings—Evangelical Congregational ee Church—Baptist Chureh— Universalist Chureh—Roman Mitton—( Continued). Catholic Church 931 The Crehore Estate—The Sumners—The Wadsworths—The Vose Place—The Robert Tucker Place—The Oldest House CHEATER, exe re in Milton—The Tucker House—The Billings House— Canton—( Continued). The Blue Hills—The Foye House—The Hutchinson The Press, Manufgcetures, Banks, ete.--The Canton Journal House—The Robbins House—The Governor Belcher —Early Manufactures—The First Cotton-Factory— Place—Milton Cemetery—Detailed History—Different | Present Manufactures—Memorial Hall—Military Record Purchasers—Ancient Inscriptions—Tombs 157 —Number of Men Furnished—Amount of Money Raised CHAPTER LXVI. —Various Votes in Relation to Bounties, ete.—Roll of ; Honor—Revere Encampment, Grand Army of the Re- BSED ALORA) public—The Neponset National Bank—Canton Institu- Civil and Military—Representatives—Town Clerks—Town tion for Savings—Representatives from 1876 to Present Treasurers—War of the Rebellion—List of Soldiers, ete. 770 me . 944 1 C HVACR Tn RL Xo We. CHAPTER LXXIV. Miiton—( Continued) s 0 772 NorFouk. CHAPTER. TxXxOv hit. North Parish of Wrentham—Early Settlements—Residents Mittron—( Continued). in 1795—North Society—First Meeting-House—Incor- Town Hall—The Blue Hill National Bank—The Milton Degen ape oy purer non: eet ho wm a3 Meeting—Officers Elected—List of Selectmen—Town ecg ee OHICor ie Clerks—Representatives—Town House—Present Valua- CHAPTER LXIX. tion—Industrial Pursuits—Churches—Schools 973 BRooKLINE 783 APPENDIX 3 978 CHAPTER LXX. Hyper Park : - : 895 | ERRATA 1001

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Ne OE hy Cor Oa:

BY NAHUM

THAT divisions and subdivisions of extended terri- tory, of increasing population and the multiplying

wants of society are necessary for safe and economic © efficiency, are truths almost too obvious to require |

elucidation. In these are to be found the outlines of Their importance was fully exemplified in the reign of Alfred the Great of England’. The Puritans and the Pilgrims had no choice but to adopt such a system that they might hold their possessions as they ac- quired them by purchase or otherwise, and preserve their authority as they had means to establish it with an increasing population. was recognized as a part of their community without The terms first adopted were modified from time to time, according to their grow- ing importance. Under the monarchy of Great

No individual nor family

a registered permit.

_ Britain the American continent was divided into

provinces, or colonies, and these were subdivided into towns and counties. Before Massachusetts was nominally divided into

CAPEN, LL.D.

| things for the General Court amongst the three Regi- ments, is to be carried by the deputies to the freemen

}

|

of every towne, and their answer returned to the next session of this Court.” Winthrop’s Journal of

May 16, 1639, says, “two Regiments in the Bay republican strength necessary to a permanent union. |

mustered at Boston.” Evidently the phrase “in the bay” “then excluded soldiers who belonged to what was afterwards called Essex County. Hence regi- ment at these dates denoted an equal number of gen-

_ eral and territorial divisions in the colony.” ”

The following statistics of Norfolk County repre- sent the towns as they stood from 1793 to 1868,

when Hyde Park was taken from Dorchester, Ded-

counties, in 1643, it appears to have had such divis-

ions, designated by the term regiments. Under the date of Oct. 7, 1641, in General Court records is the

uties for a yeare, and transacting and preparing all |

ham, and Milton, and incorporated April 22, 1868. Norfolk was taken from Wrentham, Franklin, Med- way, and Walpole, and incorporated Feb. 23, 1870. Norwood was taken from Dedham and Walpole, and incorporated Feb. 23, 1872. Holbrook was taken from Randolph, and incorporated Feb. 29, 1872. Wellesley was taken from Needham, and incorporated April 6, 1881.

Norfolk County was taken from Suffolk County, March 26, 1793. It was bounded northeast by Bos-

_ton harbor, north by Suffolk County, west by south- following passage : ‘The proposition of choosing dep- |

east part of Worcester County, south by the northeast part of Rhode Island, and southeast and east by the

counties of Bristol and Plymouth.’

1 After Alfred had subdued and had settled or expelled the |

Danes, he found the kingdom in the most wretched condition; desolated by the ravages of those barbarians and thrown into disorders which were calculated to perpetuate its misery.

“These were the evils for which it was necessary that the vigilance and activity of Alfred should provide a remedy.

“That he might render the execution of justice strict and regular, he divided all England into counties; these counties he subdivided into hundreds, and the hundreds into tithings. Every householder was answerable for the behaviour of his family and slaves, and even of his guests if they lived above three days in his house. Ten neighboring householders were formed into one corporation, who, under the name of a tithing,

Number of square miles, 4495. Population: 1790, 23,878; 1800, 27,216; 1810,

31,245 ; 1820, 36,471 ; 1830, 41,901 ; 1840, 53,140 ;

1850, 78,892 ; 1860, 109,950 ; 1870, 51,286 ; 1880,

| 70,9224

County town, Dedham. Number of towns, 27, less Dorchester and Roxbury, annexed to Boston, viz.: Bellingham, Braintree, Brookline, Canton, Co- hasset, Dedham, Dorchester, Dover, Foxborough,

| Franklin, Holbrook, Hyde Park, Medfield, Medway,

decennary, or fribourg, were answerable for each other’s con- |

duct, and over whom one person, called a tithing-man, head- bourg, or borsholder, was appointed to preside. was punished as an outlaw who did not register himself in some tithing. And no man could change his habitation without a warrant or certificate from the horsholder of the tithing to which he formerly belonged.” —Hume, vol. i. pp. 70, 71.

i

Every man

Milton, Needham, Norfolk, Norwood, Quincy, Ran- dolph, Roxbury, Sharon, Stoughton, Walpole, Wel-# lesley, Weymouth, Wrentham.

2 Mass. State Records, vol. i. p. 26. Edited by Nahum Capen.

3 Mass. State Record, 1847, vol. i. p. 26.

4 These figures will be varied by the annexation of Rox- bury, West Roxbury, and Dorchester to Boston.

HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

Bellingham was set off from Dedham and incorpo- rated as a town in 1719. It lies eighteen miles southwest from Dedham, seventeen north by west from Providence, R. I., and twenty-eight southwest from Boston.

Braintree formerly included Quincy and Randolph, and was at first called Mount Wollaston, the first settlement of which was in 1625. Braintree was incorporated in 1640. It lies ten miles south by east from Boston, and twelve east by south from Dorchester.

Brookline, before its incorporation in 1705, be- longed to Boston. It is four miles southwest from Boston, and five miles north-northeast from Ded- ham.

Canton was originally the south precinct of Dor- - chester, the first parish of Stoughton, called Dorches- ter Village. It was incorporated in 1797. It is fourteen miles south by west from Boston, and six miles southeast from Dedham.

Cohasset was originally a part of Hingham. It was incorporated in 1770.

The settlement of Dedham commenced in 1635. Dedham is the shire-town of the county, and lies ten miles southwest from Boston, thirty-five east from Worcester, thirty-five northwest from Plymouth, twenty-six north by west from Taunton, and thirty north-northeast from Providence."

Dorchester was incorporated in 1630, annexed to Boston at different periods, and now makes a part of Suffolk County.

Dover was originally a part of Dedham. It was incorporated as a precinct in 1748, and as a town in 1784.

teen southwest from Boston.

It is five miles west from Dedham, and four-

Foxborough was settled previous to 1700, and was formerly a part of Wrentham, Walpole, and Stoughton.

Franklin was set off from Wrentham in 1737 as a distinct parish, and incorporated as a town, and named in honor of Dr. Franklin, in 1778.’

1 See History of Dedham, by Erastus Worthington, Esq. 2“The name was selected in honor of Benjamin Franklin, LL.D.

Boston wrote to him that a town in the vicinity of Boston had

While Dr. Franklin was in France, a friend of his in

chosen his name, by which to be known in the world, and he presumed, as it had no bell with which to summon the people

to meeting on the Sabbath, a present of such an instrument

from him would be very acceptable, especially as they were |

about erecting a new meeting-house. The doctor wrote, in re-

ply, that he presumed the people in Franklin were more fond

of sense than of sound ; and accordingly presented them with |

a handsome donation of books for the use of the parish.”—

Smalley’s Centennial Sermon.

Centre Village, twenty-seven miles southwest from Boston, and seventeen southwest from Dedham.

Medfield was originally a part of Dedham. It was incorporated in 1650. It lies eight miles south- west from Dedham, and seventeen southwest from Boston.

Medway was originally a part of Medfield. It was incorporated in 1713. It lies twenty-four miles southwest from Boston, and fourteen southwest from Dedham.

The Indian name of Milton was said to have been Uncataquisset. The town of Dorchester in 1662 voted that Unquety should be a township, and it was incorporated in 1662. It lies seven miles from Boston, and six east from Dedham.

Needham was originally a part of Dedham. It was incorporated in 1711. It lies five miles north- west from Dedham, and by Worcester Railroad thirteen miles southwest from Boston.

Quincy was originally the first parish in Braintree. It was first settled in 1625. It lies eight miles south by east from Boston, and ten east from Dedham.

Randolph was originally a part of Braintree. It was incorporated in 1793. It was named in honor of Peyton Randolph, of Virginia, the first president of the American Congress. It lies fourteen miles south from Boston, and twelve southeast from Dedham. :

Roxbury was incorporated in 1630. Roxbury and West Roxbury now make a part of Boston and Suf- folk County.

Sharon was originally the second parish of Stough- It was incorporated in 1765. It was first named Stoughtonham, but it was soon changed to Sharon. from Boston, and nine south from Dedham.

Stoughton was originally a part of Dorchester,

ton.

It is seventeen miles by railroad southwest

and embraced within its limits the towns of Canton, Sharon, and Foxborough. 1726. It lies eighteen miles south from Boston, and ten southeast from Dedham.

It was incorporated in

Walpole was originally a part of Dedham. It was incorporated in 1724. South Village is three miles from the Kast Village, and the East is nine miles south by west from Dedham, and nineteen southwest from Boston.

Weymouth, the Wessagussett of the Indians, is the

Plymouth.

oldest settlement in Massachusetts except It lies eleven miles south by east from Boston, and fourteen southeast from Dedham.

It

was set off in 1661, and incorporated as a town in

Wrentham was originally a part of Dedham.

1673. It lies twenty-seven miles south-southwest from Boston, and seventeen south-southwest from Dedham.

INTRODUCTION.

It is a beneficent provision of Providence that society is divided and subdivided into circles, whether of a political, industrial, moral, domestic, social, or religious nature. Each circle has its centre, from which emanate its own peculiar influences, and which are reflected back from its circumference. This is true of the county, although the political organiza- tion of a county affords but few opportunities to its inhabitants to distinguish themselves either officially or as citizens. extent, and character. And yet, if we turn to his- tory, we find numerous examples of remarkable events within the smaller circles leading to great re- sults in the larger. This truth was fully exempli- fied in the action of committees, town-meetings, and

can Revolution. Such action was natural, easy, con- venient, and practicable, party-men acting together in the same neighborhood, town, or county. Some

of the most important measures of the Revolution | originated in the committee, the town-meeting, or in |

the county convention.” Several of the counties of Massachusetts held conventions, and some of the most spirited and patriotic resolutions were passed. The Provincial Congress was recommended by these

county conventions and the Continental Congress |

‘ boldly sustained.

At this critical and alarming period no county distinguished itself for intelligence and patriotism more than the inhabitants of Norfolk County.

“Ata meeting of the Delegates of every Town and District | of the County of Suffolk [which embraced the towns now Nor- | folk County], on Tuesday, the 6th of September, 1774, at the |

house of Mr. Richard Woodward, of Dedham; and by ad- journment at the house of Mr. Vose, of Milton, on Friday, the 9th of September.

“Joseph Palmer, Esquire, being chosen Moderator, and Wil- liam Thompson, Esq., Clerk.

“A Committee was chosen to bring in a Report to the Con-

1 The Puritans did not allow the people to plead distance as

an excuse for non-attendance at church. The following item |

is taken from the town records of Ipswich, Mass.: “1661. As

Still, it is alive to its own interests, |

| line; Doctor Samuel Gardner, Milton; county conventions in the earlier days of the Ameri- |

3

vention; and the following being several times read, and put, paragraph by paragraph, was unanimously voted.’ 3

The committee reported nineteen resolutions, re- citing the grievances of the colonies and recommend- ing uncompromising action, and boldly appealed to the people to defend their constitutional rights.‘

“At a Meeting of Delegates from several Towns and Dis- tricts in the county of Suffolk, held at Milton, on Friday, the 9th of September, 1774.

* Voted, that Dr. Joseph Warren and Dr. Benjamin Church, of Boston; Deacon Joseph Palmer, Germantown ; Captain Lem- uel Robinson, Dorchester ; Colonel Ebenezer Thayer, Braintree ; Captain William Heath, Roxbury; William Holden, Esq., Dorchester; Colonel William Taylor, Milton; Captain John Homans, Dorchester; Isaac Gardner, Esq., Brookline; Mr. Richard Woodward, Dedham; Captain Benjamin White, Brook- Nathaniel Sumner, Esq., Dedham; and Captain Thomas Aspinwall, Brookline, be a Committee to wait upon his Excellency, the Governor, to inform him that the people of this county are alarmed at the fortifications making on Boston Neck, and to remonstrate against the same; and the repeated insults offered by the sol- diery to persons passing and repassing into that town, and to confer with him upon these subjects.

“Attest, WILLIAM THoMmpsON, Clerk.”’

The committee prepared a communication to Gov- ernor Gage, and he replied to it, but his reply was deemed unsatisfactory, and it was voted to insert the correspondence in the public papers.°

In August, 1774, the grand jurors of this county and the petit jurors unanimously refused to be sworn because of the late tyrannical acts of the British Parliament, and publicly gave their reasons. Of the twenty-two in number, six were from Boston, and sixteen were from the towns, now Norfolk County, VIZ. :

Ebenezer Hancock, Boston ; Samuel Hobart, Hing-

_ ham ; Peter Boyer, Boston ; Joseph Pool, Weymouth ;

Joseph Hall, Boston; William Bullard, Dedham ; Thomas Craft, Jr., Boston ; Jonathan Day, Needham ; James Ivers, Boston; Abijah Upham, Stoughton; Paul Revere, Boston; Moses Richardson, Medway ;

Robert Williams, Roxbury; Henry Plympton, Med-

an inhabitant of Ipswich, living at a distance, absented him- |

self with his wife from public worship, the General Court em-

ower the ‘Seven men’ (the town authorities) to sell his farm, | Pp ,

so that they may live nearer the sanctuary, and be able more conveniently to attend on its religious services.” 2 In his letter to the Abbé De Mably, John Adams says,— “The consequences of these institutions have been, that the inhabitants having acquired from their infancy the habit of discussing, of deliberating, and of judging of public affairs,

it was in these assemblies of towns or districts that the senti- | ments of the people were formed in the first place, and there |

resolutions were taken from the beginning to the end of the disputes and the war with Great Britain.””—John Adams, vol. v. p. 495.

field; William Thompson, Brookline; Lemuel Hal- lock, Wrentham; Abraham Wheeler, Dorchester ; Joseph Willet, Walpole; Joseph Jones, Milton; Thomas Pratt, Chelsea; Nathaniel Belcher, Brain- tree; Nicholas Book, Bellingham.

The names of the petit jurors are given, but not the towns from which they came.®

The county is an important part of the common-

3 American Archives, vol. i. p. 776. £ These resolutions are too long to be copied. They may be found in American Archives, vol. i. p. 776.

5 See American Archives, vol. i. pp. 779-782.

6 See ibid., pp. 747-49.

4

HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

wealth, and the ambition of its officials is to make reports of the people not only favorable to themselves, but creditable by comparison with other counties. It has a natural ambition and a commendable pride in its courts and institutions to see that justice is promptly administered, the criminal secured, the wicked re- formed, the weak defended against the strong, the widow wisely advised, the orphan protected. authority adjusts the highways from town to town, builds the bridges, and decides upon the convenience and interests of the people who have occasion to travel within its boundaries. ‘The farmers and the learned professions associate within county limits to perfect themselves, each class in its own way, by making common stock of individual experience, and by discussing doubtful questions. The fruits of such associations in due time are extended to the com- monwealth and to the nation, either by the press or conventions.

Norfolk County can boast of one organization, such as cannot be found in New England, viz., “ The Stoughton Musical Society.” It was organized by leading men of Norfolk County, Nov. 7, 1786, and it is said to be, of the kind, the oldest in the United States.

It adopted a constitution of nine articles, denomi- nated ‘ Regulations.”

The following extracts “indicate the moral and artistic character of the association :”

“Bvery member shall behave with Decency, Politeness, and Dignity; and whosoever behaves disorderly shall be punished according to the nature of his offence, as the society shall order.

“There shall be a Committee chosen, who shall examine all persons who shall wish to join the Society, and no one shall be admitted without their approbation.”

To these regulations the following names were subscribed :

Elijah Dunbar, Esq., Enoch Leonard, Capt. Samuel |

Talbot, Samuel Capen (2d), Nathan Crane, Thomas Crane, Elijah Crane, James Capen, Joseph Smith (4th),

Uriah Leonard, Samuel Dunbar, Jonathan Capen, |

Andrew Capen, Isaac Horton, Thomas Capen, Sam- uel Tolman (deacon), Joseph Richards, Jr., George Wadsworth, David Wadsworth, John D. Dunbar, Peter Crane, Lemuel Fisher, Jonathan Billings, Jesse Billings, Atherton Wales.

22,

At a meeting, Nov. 1786, the following were

chosen officers of the society :

Capen, register (or secretary); Capt. Samuel Talbot,

Its | | first publication in 1829, “The Stoughton Collec-

Committee of Examination: Elijah Dunbar, Esq., Capt. Samuel Talbot, Lieut. Samuel Capen, Capt. Joseph Richards, Jr., Andrew Capen, Jonathan Capen, Enoch Leonard.

At this meeting it was voted to purchase the “ Worcester Collection,’ a book which had been recently published by Isaiah Thomas,—the first type music published in America. The society issued its tion,” from the press of Marsh & Capen, Boston, which passed through several editions, and was the text-book for practice by the society for many years." The second publication of the society was “The Centennial Collection,’ published by Oliver Ditson in 1878.

Esquire Dunbar, as he was universally called by way of honorable distinction, remained president of the society until 1808, and was succeeded by Capt. Talbot, who held the office until 1818.

In 1787 a new constitution was adopted. In the preamble the value of the cultivation of vocal music by man, “who is of that elevated rank of beings capable of sounding forth the praise of God,” was asserted, declaring it a recognized duty “to study to promote that harmony which is pleasing to our Maker, and so delightful to ourselves.”

In 1801 another constitution was adopted, in which the members pledged themselves anew to the duty of the study and practice of vocal music as a “Divine institution, promotive of friendship and sociability.”

The constitution was again revised in 1872. Since 1825 the annual meeting has been held the 25th December, Christmas afternoon and evening; dinner at five o’clock, and a grand concert in the evening with a selected programme from ancient and modern authors.

The society now numbers about five hundred mem- bers, resident chiefly in Stoughton, Canton, Sharon, Randolph, Braintree, Weymouth, Milton, Abington, Brockton, Easton, and Quincy. The attendance of members at these annual meetings is often above

three hundred, ‘joyously uniting their voices,” to

quote the language of President Battles, “in the

swelling strains of the precise tunes, words, and

notes which were sung by their predecessors nearly a hundred years ago.” The present government of the society (1884) is

as follows: Elijah Dunbar, Esq., president; Lieut. Samuel |

vice-president ; Joseph Smith (4th), first treasurer ;

Andrew Capen, second treasurer.

Winslow Battles (Randolph), president; T. H.

1Tts preface and introduction were prepared by Nahum Capen.

THE BENCH AND BAR.

5

Dearing, M.D. (Braintree), Hon. David W. Tucker | (Milton), Elijah G. Capen (Stoughton), George N. Spear (Holbrook), Charles F. Porter (Brockton), vice-presidents; Daniel H. Huxford (Randolph), secretary; Alfred W. Witcomb (Randolph), treas- urer; Prof. Hiram Wilde (Boston), conductor ; George N. Spear (Holbrook), vice-conductor ; Lucius H. Packard (Stoughton), George R. Whitney — (Brockton), George N. Spear (Holbrook), executive committee; Herman L. West (Holbrook), pianist.

Not to notice such a society in this introduction would be an unpardonable omission. Some of its leading members, from its organization to the present time, are numbered as among the most distinguished citizens of Norfolk County.

As natives or residents of this county may be men- tioned the illustrious names of John Hancock, John

and in the honorable success of its citizens, however and wherever engaged. This is natural. Beginning with the family, what mother could find children superior to her own, a medical adviser more skillful than her physician, or a religious teacher more attrac- tive and eloquent than the minister of her own parish ?

Enter what circle we please, all is centred in what we have, in what we think, and in what we do, and in the place where we live.

This is as it should be. of things.

It is in the constitution If we do not care for our own, or our surroundings, who could be found to care for us? But, in boasting of what is personal, selfish, or local, let us not narrow the habits of the mind. Let us

_ not forget that we are capable of expanding our sense

Adams, John Quincy Adams, Charles Francis Adams, |

Gen. Joseph Warren, James Bowdoin, William Eus- tis, Edmund Quincy, Josiah Quincy, Capt. Roger Clapp, John Capen (the first in the colony to contri-

bute money to public schools), Roger Sherman,’ Rey. |

Dr. Emmons, Fisher Ames, Horace Mann, Erastus Worthington, Marshall P. Wilder, Dr. Jonathan

Wales, Rev. T. M. Harris, Samuel D. Bradford, Ed- | ward Everett, A. H. Everett, John Everett, Edward —

H. Robbins, Daniel Fisher, John Wells, ete. write the names as they occur to us and without order as to date, but to include all would too much extend the list for this place.

To all the sources of gratification which are to be found in society, it may be added that the people of a county, whether by birth, residence, or associ- ation, become attached to one another, and have a common pride in all that is done within its limits,

1 Roger Sherman lived in Canton before he removed to Con- necticut.

We.

of duty, our affections and generous considerations, from the smaller to the larger circles, from the town to the county, from the county to the commonwealth, and from the commonwealth to the great republic, the American Union.” To this broad and commend- able pride is to be attributed the production of the following pages, giving to the world a just estimate of the character and distinction of some of the men who have lived to honor Norfolk County.

2In speaking of the American Continent, in 1776, in his article published nnder the title of ‘“ Common Sense,” Paine says,—

“?Tis not the affair of a city, a county, a province, or a king- dom, but of a continent,—of at least one-eighth part of the habitable globe.”

“Tn this extensive quarter of the globe we forget the narrow limits of three hundred and sixty miles (the extent of Eng- land) and carry our friendship on a larger scale; we claim brotherhood with every European Christian, and triumph in the generosity of the sentiment.

“Tt is pleasant to observe by what regular gradations we sur- mount local prejudices as we enlarge our acquaintance with the world.”—Common Sense, pp. 33, 35.

CHAPTER, f.

THE BENCH AND BAR.

BY ERASTUS WORTHINGTON,

THE county of Norfolk was incorporated by an act of the General Court which passed March 26, 1793, and took effect June 20, 1793. All the terri- tory of the county of Suffolk, not comprehended within the towns of Boston and Chelsea, was then erected into an entire and distinct county, with Ded- ham as its shire-town. The towns of Hingham and

Hull were excepted by another act passed at the same session, and a few years after, those towns were

' annexed to Plymouth County. The territory of the

new county extended from the line between Boston and Roxbury, southwesterly to the Rhode Island line, and from Middlesex on the north, to the Old Colony line, excepting Hingham on the south. It was com- posed chiefly of towns with farming communities, having but few compact villages, except in the lower parts of Dorchester and Roxbury, which were imme- diately contiguous to the large town of Boston. The formation of a new county had been the subject of petitions to the General Court from the towns for

6 HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

J several years, based upon the obvious grounds of con-

venience to the people in transacting the public busi-

ness. Dedham was selected as the shire-town on

account of its central position, and perhaps because it

was the parent town, which once included all the

northerly and westerly towns of the county. Med-

field had been proposed, with the idea of uniting sev- | eral towns of Middlesex. At this time Dedham had

i population of about two thousand people, mostly

farmers, with a small central village.

As there was no court-house, the records of the Supreme Judicial Court from 1794 to 1796 contin- ued to be kept in Boston, and the records for 1797 and 1798 are imperfect. The first term of the Court of Common Pleas, then a county court, was held in the meeting-house in Dedham, Sept. 24, 1793, and the first case was committed to a jury at the April term, 1794. At the same term the number of actions entered was one hundred and sixty-six. The first term of the Supreme Judicial Court was held in August, 1794. A court-house and jail were ordered to be built in 1794, but they were not finished until 1795. Both structures were of wood and have long since disappeared.

Fisher Ames, in a letter to Thomas Dwight, dated Sept. 11, 1794, writing of Dedham, says, ‘“ Our city is soon to be adorned with a jail and court- house, provided a committee of the Sessions can be persuaded to hasten their snail’s gallop. I think I have mentioned in a former letter, that the Honor- able Supreme Court was to sit here in August. They did sit, and in tolerable good humor. ‘Two days and a piece finished the business. ‘The jurors could not but feel relief from the former burden of attending fifteen, sometimes thirty days in Boston.” he allu- sion to the humor of the judges is made more em- phatic in a letter written several years later, where he speaks of Judge Ursa Major, R. T. Paine, and

of whom, after an uncomfortable scene in court, Mr.

Ames once said, with reference to his deafness, that | ‘““no man could get on there unless he came with a club in one hand and a speaking-trumpet in the other.” At the beginning of the separate existence of Nor- folk County, the number of lawyers practising in the

towns must have been very few. There were not a |

dozen lawyers in the town of Boston. Fisher Ames and Samuel Haven of Dedham, Horatio Townsend of Medfield, Thomas Williams of Roxbury, Edward | Hutchinson Robbins of Dorchester Lower Mills, Asaph Churchill of Milton, were the only attorneys | practising in the courts at this period. Members of | the bar in Suffolk, Middlesex, Worcester, and Bristol | then and for some years afterwards were in the habit |

of attending the courts of Norfolk County, and of course had a considerable share of the practice. The profession was then regarded with much jealousy and suspicion, which found expression in the records of the towns of that period. Among the instructions given to the representative from Dedham in 1786 occurs the following:

“Tue Orper or LAwyers.—We are not inattentive to the almost universally prevailing complaints against the practice of the order of lawyers, and many of us too sensibly feel the effects of their unreasonable and extravagant exactions; we think their practices pernicious and their mode unconstitu- tional. You will therefore endeavor that such regulations be introduced into our courts of law that such restraints be laid on the order of lawyers as that we may have recourse to the laws and find our security and not our ruin in them. If, upon a fair discussion and mature deliberation, such a measure should appear impracticable, you are to endeavor that the order of lawyers be totally abolished, an alternative preferable to their continuing in their present mode.”

Among the reasons urged for the division of the county was the belief that if the court was held in a country town “the wheels of law and justice would move on without the clogs and embarrassments of a numerous train of lawyers. The scenes of gayety and amusement which are now prevalent at Boston we expect would so allure them as that we should be rid of their perplexing officiousness.” With such a distrust existing in the country towns, the number of lawyers was no doubt kept conveniently small.

The first meeting of the members of the bar for the county of Norfolk was held at the office of Sam- uel Haven, in Dedham, Sept. 28, 1797.

present at this meeting Fisher Ames, who presided,

There were

Samuel Haven, who acted as secretary, Thomas Wil- liams, Horatio Townsend, and Asaph Churchill of the county, and Seth Hastings from Worcester, Laban Wheaton from Bristol, and Artemas Ward from Middlesex. The only business done at this meeting was to establish a schedule of prices for writs. No other meeting was held until 1802, when the additional names appear of William P. Whiting, Henry M. Lisle, Jairus Ware, John 8. Williams,

James Richardson, and Gideon L. Thayer of Nor- _ folk County, with others from Bristol and Plymouth.

It would seem from the attendance at this meeting, that the number of lawyers was rapidly increasing. In 1803, the bar adopted an elaborate code of regu- lations relating to the practice of law in the courts. From this time forward, excepting intervals of a few years, the bar of Norfolk County held its stated annual meetings down to 1853. These meetings were held generally for passing upon the qualifications of candidates for admission as attorneys to the different courts and of counsellors to the Supreme Judicial

THE BENCH AND BAR.

a

Court, the law then requiring separate admissions as attorneys and counsellors to the respective courts.

The recommendation of the bar was then a pre- |

requisite for admission. In a few instances they ad- ministered discipline upon members who had brought disgrace upon the body by their intemperance or evil practices. There were also many resolutions passed at these meetings to provide against the infringement of the rights of one of the brethren by another in encroaching upon his field of practice.

A very curious and suggestive record, illustrative of their scrupulous care upon this matter, was en- tered at the meeting held September, 1805, which shows in a striking manner how this practice of hav- ing offices in two places was then viewed.

“Voted, unanimously, that the bar discountenance and will by no means sanction any gentleman of the profession having more than one office at any time in the same or different towns; and understanding that Perez Morton, Esq., now has an office in Boston, and another in Dedham, further voted that the sec- retary of the bar furnish Mr. Morton witha copy of this vote, thereby requesting him to immediately relinquish and discon- tinue, both directly or indirectly, either one or the other of said offices, The secretary is desired, if the above request to Mr. Morton is not complied with, to make a communication on the subject to the Suffolk bar.”

There is a tradition in the county, that one of the justices of the County Court of Common Pleas once overruled a motion made by a Suffolk lawyer on the ground that he was an interloper. The records of bar meetings show, that a careful scrutiny was made not

ouly into the qualifications and time spent in the |

study of law of the candidates, but also into the

|

personal and professional conduct of each member of |

the bar in his profession and practice.

At this time there was but one court of general common law jurisdiction in the commonwealth, which was the Supreme Judicial Court, established July 3, 1782. Court of Common Pleas, also established July 3, 1782, whose powers and jurisdiction and number of

There was also a county court called the

justices were afterwards changed by several acts of |

the General Court. fined to cases where the ad damnum was over £4. By statute 1798, chapter 24, the court was made to consist of a chief justice and three other justices. In 1803 the powers and duties of the Court of General Sessions and of the Peace were transferred to the Court of Common Pleas, except as to jails and county build-

Its original jurisdiction was con- |

ings, accounts of county, county taxes, licenses, and |

highways. In 1811 the commonwealth was divided

into six circuits, and Circuit Courts were established, | to consist of a chief justice and two associate justices. | “son, one of the first members of the bar, admitted

This court was known as the Circuit Court of Com-

mon Pleas, and it continued until 1820, when the Court of Common Pleas for the commonwealth was established, and which existed until 1859, when the Superior Court was created.

There was also another county court called the Court of Sessions of the Peace, which was established in 1782. This court consisted of the justices of the county, and determined all matters relative to the preservation of the peace and punishment of offences cognizable by them. In 1803 the powers and duties of this court were transferred to the County Court of Common Pleas, except those relating county buildings, allowing and settling county ac-

to jails and

counts, estimating, apportioning, and issuing warrants for county taxes, granting licenses, and highways. In 1807, this court was made to consist of one chief justice and four associate justices in this county. By another act of the same year, the name of this court was changed to the Court of Sessions, and in 1809 this court was abolished, and its powers and duties transferred to the Court of Common Pleas. In 1811

| the Court of Sessions was restored, and again in

1813 it was abolished, and its powers and duties transferred to the Circuit Court of Common Pleas. This last act was repealed in 1818, and the Court of Sessions again established. After some further legis- lation in 1819 and 1821, finally in 1827 the Court of Sessions was abolished, and the Court of County Commissioners established.

These changes effected in the courts are remark- able and perplexing, and can only be understood with the explanation that they were made as one political party or another had the control of the Legislature. In 1807, Dr. Nathaniel Ames, the clerk, records that after passing sundry accounts, ‘an eternal adjourn- ment of the Court of General Sessions of the Peace is made according to law.” But the Court of Sessions was afterwards twice restored and twice abolished.

The Probate Court has remained unchanged since 1784, except that in 1858 it was consolidated with the Court of Insolvency.

Fisher Ames died July 4, 1808. Although he spent the last fifteen years of his life upon his estate in Dedham, and had a law-office near the court-house, yet the state of his health was such during much of the time as to prevent his engaging in constant prac- tice, but he tried many causes before the jury, and was retained in some important causes in other counties. His fame as a statesman, orator, and political writer completely overshadowed his reputation as a lawyer. His name does not appear upon the bar records after 1804. He had for his law partner James Richard-

8

HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

after the formation of the county. He studied law _

with Mr. Ames, and was admitted as an attorney of the Supreme Court in 1803. He always lived in Dedham, where he practised his profession until the

infirmities of age withdrew him from active life. He at one period engaged in manufacturing business, which somewhat interfered with his practice. He

before the members of the Norfolk bar, at their re- quest, on the “ antiquity and importance”’ of the legal profession, its ‘‘duties,and responsibilities ; the evils

pher Webb, of Weymouth. All these had been ad- mitted as attorneys to one of the courts prior to 1820. Ashur Ware, afterwards judge of the United States District Court in Maine, had an office in Milton, where he lived from 1815 to 1824. At a later pe- riod, John W. Ames and Jonathan H. Cobb began

practice at Dedham, Aaron Prescott at Randolph, was a man of excellent attainments in law and let- | ters, and on Feb. 25, 1837, he delivered an address |

to which its members are exposed,” and its ‘‘ conso- |

lations and rewards,’ which was printed. president of the bar for many years, and died in 1858.

Probably no member of the Norfolk bar ever ex- ercised a stronger influence in elevating its profes- sional standard and in making it a body deserving of respect and confidence, than Theron Metcalf. came to Dedham in 1809, having had unusual ad- vantages for the time, in pursuing his preparatory justly celebrated for the eminence of its teachers. period of thirty years. While nearly all his contem- poraries in practice at Dedham embarked in manu- facturing enterprises or adopted other callings, Mr. Metealf steadily devoted himself to the study and

practice of his profession, although at this time it was not very remunerative.

the bar association adopted a resolution expressing their estimation of his learning, integrity, and profes- sional character ; and while they regretted “ his loss to their fraternity, they had reason to rejoice that he had been called to exercise his pre-eminent talents and distinguished learning in a sphere more extended in usefulness, where the profession might be equally benefited.”

Among the earlier members of the Norfolk bar who were contemporaneous with Mr. Richardson and Mr. Metcalf, may be mentioned Asaph Churchill, of Milton; Thomas Boylston Adams, the third son of President John Adams ; Thomas Greenleaf, of Quincy; Daniel Adams, of

He was |

He |

_ present at the term of the Supreme Court. studies at the law-school in Litchfield, Conn., then |

|

|

Warren Lovering at Medway, and Jonathan P. Bishop at Medfield. In 1827, Horace Mann began practice at Dedham, and in 1826 John J. Clarke began practice in Roxbury. In 1834, Ira Cleveland began practice in Dedham, occupying the office re- cently vacated by Horace Mann. Ezra W. Sampson had an office in Braintree for twelve years, until 1836. Ezra Wilkinson came to Dedham about 1835, and occupied the office with Mr. Metcalf, which was formerly that of Fisher Ames, opposite the court- house. —

The court-house, which forms the south wing of the present building, was finished and occupied for the first time in February, 1827, the full bench being Chief

Justice Parker made some complimentary remarks

concerning the new building, and the bar gave a din- He remained in practice at Dedham until 1839, a |

ner to the justices of the Supreme Court, reporter, attorney-general, solicitor-general, and the architect, Solomon Willard. The new court-house was a Gre-’ cian building, with porticoes at both ends, like that on the south wing at present. It was considered a fine

structure for the time, and there were other court- At the time of his ap- | pointment as reporter of judicial decisions, in 1839, |

houses in the commonwealth, designed by the same architect, which bore a resemblance to it in its architecture. The extensive enlargements of the court-house on the northerly end were completed in 1861.

The county in 1835, had been established upwards of forty years, during which period it had grown in wealth and population, and by the introduction of manufactures had ceased in some degree to be an ex- clusively agricultural county, as at its beginning.

Some of the original members of the bar had dropped

from the ranks, either into other callings or into re-

Gideon L. Thayer and>

|

Medfield ; William Dunbar, of Canton ; Jabez Chick- |

ering, Erastus Worthington, and John B. Derby, of Dedham ; Williams, John Samuel J. Gardner, and David A. Simmons, of Rox- bury; Samuel P. Loud and Abel Cushing, of Dor- chester; Josiah J. Fiske and Meletiah Everett, of Wrentham ; John King, of Randolph; and Christo-

Thomas

S. Williams, |

tirement, or had removed or died. The trial of cases in court was about to pass into the hands of another generation of lawyers. In important causes in the Supreme Court eminent counsel from other counties, —among whom were Pliny Merrick of Worcester, Rufus Choate and Franklin Dexter of Boston—were

sometimes retained, but it was not many years before

a large majority of the cases were tried by Mr. Wil-

kinson on one side, and Mr. Clarke on the other. For more than twenty years they were the leaders of the Norfolk bar. Mr. Wilkinson had acquired the

THE BENCH

AND BAR. 9

reputation of being an able, upright, and learned lawyer, and thoroughly devoted to his profession. Mr. Clarke also stood deservedly high in his profes- sion, and was especially successful in the trial of cases before the jury, and had a large practice. The in- fluence of both these gentlemen upon the character of the members of the bar during their professional career was marked and exemplary. Mr. Wilkinson retired upon his appointment as a justice of the Su- preme Court in 1859, and Mr. Clarke a few years later left practice in Norfolk County,—Roxbury having been annexed to Boston in January, 1868. Besides these leaders, there were other good triers of causes at the bar. Among these were David A. Simmons, Ellis Ames, Francis Hilliard, and Asaph Churchill, the younger of that name. :

The successors to the leadership of the bar, after the retirement of Mr. Wilkinson and Mr. Clarke, were William Gaston, of Roxbury, and Waldo Col- burn, of Dedham. Mr. Gaston was not admitted to practice in this county, but he studied law with Mr.

Clarke, and practised in this county for many years,

and considered himself a Norfolk lawyer. He was an

eloquent and successful advocate and had an excellent |

practice. He had removed to Boston prior to the annexation of Roxbury. Mr. Colburn always prac- tised in Dedham until he was appointed an associate justice of the Superior Court in 1875. He attained a high position in his profession as a wise counsellor, an able trier of causes, and a lawyer in whose hands the interests of his clients were always safe.

In the decade from 1865 to 1875 the course of legislation and events had tended to diminish the legal business of the county by transferring it to the county of Suffolk. allowed actions to be brought in the county where either party had a place of business, had encouraged the members of the bar in all the towns near Boston,

to open offices there, and therefore to bring many of |

their actions in Suffolk County.

were residents of this county, and gradually the choice

A statute passed in 1854, which |

There were many | clients who had places of business in Boston, but who |

| |

which this statute gave as to the place where actions |

might be brought, was made in favor of Suffolk County. |

Boston was becoming at this period what it has since

actually become, a place of legal exchange for the sur-

rounding country within a circuit of twenty miles. |

In addition to these incidental causes, for several years the project of annexing the city of Roxbury to Boston had been agitated, and petitions presented to

the Legislature until, by the act which took effect in |

January, 1868, the union of the two cities was effected. |

The loss of Roxbury was a serious one in many ways

|

to the county, and in nowise was the loss more seriously felt than in the removal of some of its best practitioners at the bar and the consequent withdrawal of their business. Mr. Clarke, Mr. Gaston, and Mr. John W. May, all having a good practice in Norfolk County, in course of time ceased to practise here alto- gether. In 1870 the old town of Dorchester, one of the best towns in the county, and in 1874 West Rox- bury were both annexed to Boston and taken from the county. The inevitable results of the removal of such a large proportion of the territory, valuation and busi- ness of the county, were to materially diminish the business of the courts, and to deprive the bar of many of its best members.

The last recorded meeting of the bar but one, was held Oct. 15, 1852, when resolutions were passed with reference to the decease of Daniel Webster, re- questing the court to adjourn, and that the bar attend the funeral in a body, and that John J. Clarke offi-

~ciate as marshal, and that the sheriff be requested to

suitably drape the court-room in mourning. The last meeting was held in February, 1853, and was a busi- ness meeting relating to the purchase of books for the library. This is the last recorded meeting of the Nor- folk bar as an organized fraternity. An attempt was made to reorganize it some years afterwards, but with- out success.

In 1815 there was formed a Law Library Associa- tion, which continued in existence until 1845. An attempt was made to reorganize it in 1860.

In speaking of the Norfolk bar as it now exists, reference could be made only to those members resi- dent within the county and who practise in it. The number of such gentlemen is not larger than it was fifty years ago, although the number of attorneys who reside elsewhere and practise in the county is much greater. The profession has everywhere changed in its character during the last half-century. The fraternal feeling, the jealous watchfulness that no unworthy applicant should be admitted to the profession, the old-time distinctions as to leadership have all passed away, and nowhere is this change more clearly to be seen than in Norfolk County. In former times mem- bers who had offices in Boston and in the town of their residence, were censured by their brethren at bar meetings in formal votes. At the present time there is scarcely a member of the bar who has not two offices, one in Boston and another in the county. The old organization with all its traditions has passed into history, but beyond this it has ceased to have any influence upon the present time. Of the new era in the profession, of the character of its members, of its methods in the conduct of causes, of its emoluments,

10 HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

and of the rapid increase of its members, the time has not yet come to speak as matters of history.

Justices of the Judicial Courts. — THERON METCALF was the son of Hanun and Mary Metcalf, and was born in Franklin, Oct. 16, 1784. He and his ancestors for five generations belonged to the county of Norfolk. At the age of seventeen years - he entered Brown University, where he was gradu- ated in 1805. After graduating, he studied law with Mr. Bacon, of Canterbury, Conn., and in April, 1806, he entered the law-school at Litchfield, then a celebrated institution, and the only law-school in the United States. Here he remained until October, 1807, when he was admitted to the bar in Connec- ticut. After studying a year with Hon. Seth Has- tings, of Mendon, he was admitted as an attorney of the Cireuit Court of Common Pleas in this county at the September term, 1808, and as counsellor of the Supreme Judicial Court at the October term, 1811. He practised law for a year in Franklin, and removed to Dedham in 1809.

In 1817 he became county attorney, and con- tinued to hold that office for twelve years, until the office was abolished by the statute establishing the office of district attorney. He was representative to the General Court from Dedham in 1831, 1833, and 1834, and a senator from the county in 1835.

In October, 1828, he opened a law-school, and began a course of lectures upon legal subjects in Dedham. He had many students, among whom were the late Hon. John H. Clifford, of New Bed- ford, and the Hon. Seth Ames, the son of Fisher Ames, and afterwards a justice of the Supreme

Judicial Court. The series of papers published in

the American Jurist and afterwards embodied in |

his work on the “ Principles of the Law of Contracts as applied by the Courts of Law,” were originally prepared for his students.

In December, 1839, he was appointed reporter of the decisions of the Supreme Judicial Court, and re- moved from Dedham to Boston. He held this office until Feb, 25, 1848, when he was appointed a justice of the Supreme Judicial Court. He remained upon the bench until Aug. 31, 1865, when he resigned after over seventeen years of service.

years. Although Judge Metealf had removed from the county, and was in no way identified with it during the last forty-six years of his life, yet the thirty years during which he had resided and practised in Dedham comprehended nearly the whole of his professional

career. During this period he edited a number of

He died in |

Boston, Nov. 13, 1875, at the age of ninety-one | |

law books, among which were “ Yelverton’s Reports,” “Starkie on Evidence,” ‘“ Russell on Crimes,”’ ‘Maule and Selwyn’s Reports,’ “ Digest of Massa- chusetts Reports,” and with Horace Mann supervised the publication of the Revised Statutes of 1836, the index to which was made by him.

Of his reputation and influence while at the bar some mention has been made. There were probably few lawyers in the commonwealth of his time who had such a full and accurate knowledge of the prin- ciples of the common law as Judge Metealf. His reputation as a writer upon legal subjects is well

established. His volumes of the Massachusetts Re--

ports, it has been said, are the “model and despair of his successors.” His opinions as a justice of the Supreme Judicial Court are remarkable for their precision of statement and their familiarity with the decisions, both English and American, as well as with the principle and maxims, of the common law, of which he was master. He never concealed his dis- trust of the changes effected in the administration of the law by legislation, especially the statute giving full equity jurisdiction to the Supreme Judicial Court.

He was an accurate scholar, and occasionally wrote articles for the reviews on other than legal subjects. He was in person below the average height, and of great gravity of demeanor, although he had a quaint He was a keen and intelligent critic upon many subjects, and his pithy sayings will be long

humor.

remembered and quoted by those who knew him.

He received the degree of Doctor of Laws from Brown University in 1844, and from Harvard College in 1848.

SrerH AMES was the youngest child of Fisher Ames, and was born in Dedham, April 19, 1805, and was but three years of age when his father died.

He was graduated at Harvard College in 1825, and

studied law with Theron Metcalf in Dedham, and was admitted as an attorney of the Court of Common Pleas at the September term, 1828, being the same

| term at which Ezra Wilkinson was admitted, He

never practised law in this county, but removed to Lowell, where he practised law for twenty years. In 1849 he was appointed clerk of the courts for the county of Middlesex. In 1859 he was appointed a justice of the Superior Court, then established, and in 1867 was appointed chief justice of that court. In 1869 he was made an associate justice of the Supreme Judicial Court, which office he resigned Jan. 15, 1881. He died at his residence in Brook- line, in this county, Aug. 15, 1881.

Although Judge Ames had no connection with

eS

THE BENCH

AND BAR. 11

Norfolk County during his professional career, yet as he was born and pursued his professional studies

in Dedham, and was admitted to practice in the court | held for this county, and often presided as justice of |

the courts here, he may be claimed as a son of Nor- folk County. He well sustained the illustrious name he bore. Of great simplicity and modesty of char- acter, he possessed an admirable judicial mind, and was the master of a pure and concise style as a writer, qualities which make his legal opinions worthy of imitation. In the language of Chief Justice Gray, “he was a diligent student, a good lawyer, a safe counsellor, a faithful and useful public servant, a Christian gentleman.”

Ezra WILKINSON.—He was born in Attleborough, Feb. 14, 1801, and was graduated at Brown Univer- sity in 1824. He began his professional studies with Hon. Peter Pratt, of Providence, R. 1, where he remained about a year,and he completed them in the office of Josiah J. Fiske, in Wrentham. He was ad- mitted as an attorney of the Court of Common Pleas, at Dedham, at the September term, 1828. He was ad- mitted as a counsellor of the Supreme Judicial Court, at Taunton, at the October term, 1832. practice at Freetown, and subsequently removed to Seekonk, in Bristol County. In 1835 he removed to Dedham, and had an office in the same building for- merly occupied by Fisher Ames, and then by Theron Metcalf. He was employed to collate and complete the records of the court, which had fallen into some confusion through the prolonged illness of Judge Ware, the clerk, who had then recently deceased. In 1843 he was appointed by Governor Morton as dis- trict attorney for the district then composed of Worces- . ter and Norfolk Counties. 1855. In 1859, upon the establishment of the Su- perior Court, he was appointed one of the associate justices, being then nearly sixty years of age, and he held the office until his death, Feb. 6, 1882, being He had been in active practice for thirty-one years, so that his professional

more than twenty-two years.

and judicial career covered a period of fifty-three

years. He faithfully and promptly met all the re-

He was always a Democrat in politics. He was representative to the General Court from Dedham for three sessions, and was the candidate of his party against John Quincy Adams for Congress. He was also a member of the Constitutional Convention of 1853.

He died in Dedham, but his remains were interred in Wrentham. At his funeral in St. Paul’s Church, Dedham, a large number of members of the bar from Resolu- tions of respect for his memory were presented in the

Boston and elsewhere were in attendance.

Superior Court at Salem, and in Boston, shortly after

his decease. At the April term of the Superior

| Court in Norfolk County, 1882, Associate Justices

Colburn and Staples being upon the bench, the fol- lowing resolutions, adopted by the members of the bar

| practising in Norfolk County, were presented to the

He began |

He held this office until |

quirements of his judicial position without any inter-

ruption by illness, or asking any time for relaxation. Within a month before his death he held a term of court at Salem, and rendered decisions which com- manded respect and confidence. In person he was very tall and erect, even to the last days of his life. He was scrupulously neat in his attire, and bore him- self with dignity without affectation. easy or fluent in speech, but he was concise and accu- rate in his use of language.

He was not

court, and entered upon its records. These resolu- tions, with the remarks by Mr. Justice Colburn, em- body the high estimation and profound respect felt by

_the bench and bar for Judge Wilkinson’s character

and attainments.

They were presented by Asa French, Esq., district attorney, and addresses followed from Ellis Ames, John Daggett, Asaph Churchill, Nathaniel F. Safford, Samuel B. Noyes, Frederick D. Ely, and Erastus Worthington. The following are the resolutions:

‘“Wuereas, On the sixth day of February last the Hon. Ezra Wilkinson, a justice of the Superior Court, departed this life at the age of eighty-one years, the members of the bar practising in the county of Norfolk, where he was born, and for twenty- five years was a leading practitioner, at the first term of that court held for civil business since his decease, would express their high appreciation of his character and services as a coun- sellor, as a prosecuting officer, and a judge, in the following resolutions :

“ Resolved, That we hold in grateful memory the high sense of professional duty and obligations, and the thorough devotion to the study of jurisprudence, which characterized Judge Wilk- inson from the beginning to the end of his long career; that we would recognize his accurate and ample learning both in the common and statute law, his unswerving integrity, which tol- erated no suggestion of any indirect or questionable method in advancing his client’s cause, his power of clear statement and convincing argument to the jury upon which he relied, rather than upon appeals to passion or prejudice, and his constant desire to maintain the honor and dignity of his profession.

‘“‘That asa district attorney from 1843 to 1855 for the district of which the county of Norfolk formed a part, he acquired a deserved reputation of strict fidelity to the duties of that respon- sible office, and for learning and skill in criminal pleading and practice, and for his performance of the highest duties of a pros- ecuting officer in ten capital trials from 1843 to 1849, that being the period during which the office of attorney-general was abolished in this Commonwealth.

“That as a judge of the Superior Court during a period of more than twenty-two years—1859 to 1881—we recall his judi- cial patience in the trial of causes, his readiness and aptness in applying legal principles to the facts of the case, and in which

12 HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

he rarely erred, and his capacity to discern the real points in issue, which enabled him to bring to the minds of the jury the exact questions they were called upon to decide.

“That by his death has been removed one of the few survivors of the latest generation of lawyers who were trained in the school of the common law before its essential modification by the stat- utes, and we regard Judge Wilkinson as a remarkable example of a jurist who kept himself fully informed of the decisions and statutes made and pussed during half a century, and at the age of more than fourscore years, and scarcely more than a month prior to his death, was able to preside at the term of his court in the county of Essex, and to render decisions which commanded the respect and confidence of those before him.”

Mr. Justice Colburn responded to the resolutions as follows:

“Gentlemen of the Bar,—The life of Judge Wilkinson ex-

those well acquainted with him knew, and as his notes in the volumes of his extensive library and various memoranda show.

“Though always deeply interested in public and political affairs, he was never a politician or desirous of political ad- vancement, his political services having been limited to three sessions of the Legislature and the Constitutional Convention of 1853. He thoroughly despised all hypocrisy, cant, and in- sincerity, and never hesitated to express his convictions on all proper occasions, but never obtrusively, however much they might conflict with the prevailing sentiment of the times. All kinds of dishonesty, oppression, and injustice excited his indig- nation, and as prosecuting officer, though pursuing offenders he believed to be guilty with all his strength, he has been known

| to withdraw a case from the jury when the evidence appeared

tended over nearly the entire portion of the nineteenth century |

which has passed. a few years spent in the adjoining county of Bristol, he con-

tinued a resident of this county until his death. Leading a

single life, unaverted by family ties and cares, from inclination | | positive statute provision could induce him to add what he

or gradually contracted habit, going but little into society, he early learned ‘to scorn delights and live laborious days,’ not from a desire for fame or fortune, but from a pure love of know- ing all that could be learned upon all subjects which excited his

interest or would qualify him for the adequate discharge of the |

From his admission to the bar to his appointment to the bench he had an extensive and varied practice. ney, and during the first half of this time, there being no attor- ney-general, he had the sole management of all capital trials and the argument of all exceptions in criminal cases in his dis- trict. As soon as appointed he began to especially qualify himself for his new duties; he went to the fountain-head; he acquired all the English criminal reports and leading treatises and books of precedents, and became one of the most accom-

duties of his chosen profession.

plished criminal lawyers and an unsurpassed criminal pleader. |

“Upon the formation of the Superior Court, in 1859, Judge Wilkinson was appointed to that bench, and continued uninter- ruptedly, ably, and acceptably to discharge his judicial duties during the remainder of his life. For the adequate perform- ance of these duties his legal acquirements and extended civil and criminal practice qualified him in an unusual degree. His independence of his surroundings rendered absence from home at long terms of the court in distant counties less irksome to him than to other men. He seemed always to have some subject which occupied his mind and furnished him with all the recrea- tion he required, exempting him from that feeling of impatience which sometimes results from protracted labor away from home and friends. His stores of learning, his knowledge of unfa- miliar matters of practice and procedure, the results of wide studies and long experience, were always at the service of his brethren of the bench, and the starting of an inquiry, which he could not readily answer, would lead him to an investigation

Born in this county, with the exception of |

for the assistance of an associate with as much interest and |

patience as if it had become important in the discharge of his |

own duties. “Though not possessed of what are considered brilliant tal- ents, he had a soundness of judgment, an independence in

to be leading to certain conviction, having become satisfied from his previous conferences that his witnesses, through excessive zeal or pride or opinion or some worse motive, were testifying more strongly against the defendant than their actual knowl- edge would warrant, and fearing that injustice might be done. And I have heard him say that, in sentencing defendants, he had never imposed more than the one day of solitary imprison- ment absolutely required in certain cases; that nothing but a

regarded as a kind of torture to a term of confinement to hard labor.

“Descended from a long line of New England yeomanry, he derived from them many of the best characteristics of that branch of the Anglo-Saxon race, which has so largely influ-

| enced the destiny of the Western world, had a fund of anecdote

For twelve years he held the office of district attor- | illustrating their early struggles and peculiarities, and an un-

usual knowledge of their local and municipal histories. As age advanced his fondness for rural quiet and retirement increased ;

he acquired large tracts of land, and delighted to spend his

| summer leisure among their rocks and woods, brooks and foun-

tains, which had been familiar to him in youth and early man- hood. Though he appeared to those who did not know him well reserved and unsocial, this was not his natural disposition, but resulted from circumstances and his self-reliance, which induced habits of life not readily changed. He was at times a most instructive and entertaining companion. No man who has lived eighly-one years can be said to die untimely ; but the strength which extended his years so far beyond the allotted

| term appeared so free from the predicted labor and sorrow that

we failed to realize how much our senior he really was. A learned lawyer, an upright judge, a high-minded, honorable man, in the maturity of years and the full vigor of his powers, has passed away, leaving the burdens he bore so long and well to be taken up and carried by younger men, until they in their turn shall be called upon by the great Disposer of the destinies of men to lay them down, to be again assumed by others.

“Tn accordance of the request of the bar their resolutions, with a memorandum of these proceedings, will be entered upon the records of the court.”

Hon. Watpo Corpurn, son of Thatcher and Hattie Cleveland Colburn, was born in Dedham, Mass., Nov. 13, 1824. He traces his ancestry in this

country to Nathaniel Colburn, who emigrated from

reaching his conclusions after duly weighing all arguments, a |

power of application, and a willingness to give his entire time and attention to any subject he had in charge, which more than compensated for the most brilliant talents without these quali- ties. He had read appreciatively all the leading authors in English literature, some of whom he especially admired, as

England, and Aug. 11, 1637, received a grant of land in the town of Dedham. until his death, May 14, 1691. is as follows: Samuel, born Jan. 25,1654; Ephraim, born Nov. 5, 1687; Ephraim, born Dec. 31, 1716; Ichabod, born Feb. 26, 1754; Thatcher, born Feb.

He remained here The line of descent

ee

THE BENCH AND BAR.

13

20, 1787, and united in marriage with Hattie Cleve- land in June, 1823. The subject of our sketch received the rudiments

of his education at the common schools of his native |

town, and at the age of fifteen entered Phillips (An- dover) Academy, where he graduated in 1842, in the

“English Department and Teachers’ Seminary,” | which at that time was entirely distinct from the — classical course. In the following year (1843) he en- |

tered the classical department, where he remained

and for two years following engaged in various pur- suits, chiefly, However, civil engineering and survey- ing.

May 13, 1847, he entered the law-office of Ira Cleveland, Esq., at Dedham, where he pursued his studies with diligence and attention, and May 3, 1850, was admitted to the bar. In the mean time, however, he had spent some time in the Harvard Law- School. He at once commenced the practice of law in his native town, and very soon took a leading posi- tion at the bar. He continued practice here until May 27, 1875, when he was appointed by Governor Gaston one of the justices of the Superior Court, a position virtually thrust upon him, as he knew nothing of the intention of Governor Gaston to appoint him until the day his name was proposed to the Council, and he was promptly confirmed.

in the State Senate, and served on the Judiciary Committee, and had charge of drafting the well- known corporation act. Judge Colburn was also for several years the candidate of the Democratic party for attorney-general. He was chairman of the board of selectmen, assessors, and overseers of the poor of Dedham for nine successive years, beginning in 1855. He is also president of the Dedham Institution for Savings, and a director in the Dedham National

- Bank. until the summer of 1845, when he left the academy, |

| with which he has since affiliated.

Politically, Judge Colburn was a member of the old Whig party, but upon the death of that organi- zation he became a member of the Democratic party, He is a kind and

| beneficent neighbor and friend, a learned and upright

Nov. 10, 1882, he |

was commissioned by Governor Long as a justice

of the Supreme Court, a position which he occupies at the present time. by Governor Gaston, a writer says, ‘‘ The comprehen- sive knowledge of affairs, the wisdom, tact, and abil- ity, the legal culture and judicial grasp of mind dis- played by Judge Colburn, clothe his appointment to the bench of the Superior Court with special fitness and propriety, and make it one of the salutary acts of Governor Gaston’s administration.” One of the lead- ers of the Suffolk bar, in speaking of Judge Colburn, says, “ He is one of the ablest, most successful, and popular judges in the commonwealth.”

judge, and one of Massachusetts’ most honored citizens.

Nov. 21, 1852, he united in marriage with Miss Mary Ellis Gay, daughter of Bunker Gay, of Ded- ham. She died Oct. 22, 1859, leaving two daugh- ters,—Mary and Anna F.,—who are still living. Aug.*5, 1861, he married Elizabeth C. Sampson, daughter of Ezra W. Sampson, a lawyer, and for thirty years clerk of the courts of Norfolk County. There was one son by this marriage, who died in childhood.

Eiis AMEs (see history of Canton).

Judges of Probate.\— WILLIAM HEATH was born in Roxbury, March 2, 1737, on the estate settled by his ancestor in 1636, and was bred a farmer. His fondness for military exercises led him, in 1754, to join the

_ Ancient and Honorable Artillery Company, which he

In speaking of his appointment |

Judge Colburn, although never having been an | active politician, has always labored to advance the |

interests of his native town, and has filled many posi- tions of trust and responsibility within the gift of his townsmen. He was a member of the Legislature in

1853, serving as chairman of the Committee on_

Parishes, Religious Societies, ete. He was returned to

the Legislature the following year, and served as |

chairman of the Committee on Railroads and Canals. During these years he earnestly opposed loaning the State’s credit to the Hoosac Tunnel scheme.

commanded in 1770, having previously been made a captain in the Suffolk regiment, of which he became

| colonel in 1774. In 1770 he wrote sundry essays in a

Boston newspaper, signed “ A Military Countryman,” on the importance of military discipline and skill in the use of arms. He wasa member of the General Court in 1761 and in 1771-74, engaged with zeal in the Revolutionary contest, was a delegate to the Pro- vincial Congresses of 1774-75, and was a member of the Committees of Correspondence and of Safety. Appointed a Massachusetts brigadier-general Dee. 8, 1774; major-general, June 20, 1775 ; brigadier-general (Continental army), June 22, 1775; major-general, Ait oe Miniilsy pursuit of the British troops from Concord, April 19,

He rendered great service in the

1775, and in organizing the rude and undisciplined army around Boston, and with his brigade was sta- tioned at Roxbury during the siege of Boston. After its evacuation he accompanied the army to New York,

1 The following notices of the judges of the Probate Court

| are taken from the “‘ Norfolk Court Manual,” prepared and

| published by Henry 0. Hildreth, Esq., in 1876, with the kind In 1870 he represented the Second Norfolk District |

permission of the author.

14

HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

opposed the evacuation of that city, and near the close of the year 1776 was ordered to take command of the posts in the Highlands.

In 1777 he was intrusted with the command of the eastern department, and had charge of the Saratoga (convention) prisoners. In June, 1779, he was or- dered to the command on the Hudson, where he was stationed till the close of the war. Returning to his farm, he became a delegate to the convention that adopted the Federal Constitution in 1788, State senator in 1791-92, and in 1806 was chosen Lieu- tenant-Governor of Massachusetts, but declined the office. July 2, 1793, he was appointed judge of the Court of Common Pleas for the new county of Nor- folk, and the same day was appointed first Judge of Probate for the county. He died Jan. 24, 1814, aged seventy-seven years.

Epwarp Hurcntnson Roppins was born in Milton, Feb. 19, 1758, and was graduated at Har- vard College in 1775. He studied law with Oakes Angier, of Bridgewater, and commenced practice in his native town. He was chosen a Representative from Milton in 1781, and Speaker of the House of Representatives in 1795, which office he held for nine successive years. In 1802 he was chosen Lien- tenant-Governor, and held the office until 1807. In 1793 he was appointed Special Justice of the Court of Common Pleas for Norfolk County, and in 1799 was appointed Chief Justice of the same court. In 1808 and 1809 he was a member of the Executive Council. He also held many other positions of trust and responsibility. On the decease of Gen. Heath, in 1814, he was appointed Judge of Probate for the county of Norfolk, which office he held until his death, which occurred Dec. 29, 1829."

SHERMAN LELAND was born in Grafton, March 29, 1793, and remained on his father’s farm until he

was more than twenty years of age. During the two

or three years following he attended school most of |

the time, and in October, 1805, commenced the |

study of the law, employing the winter months of that and the three succeeding years in teaching. was admitted to the bar at Worcester in December, 1809, and commenced practice at Eastport, Me., January, 1810. Oct. 11, 1811, he was appointed prosecuting attorney for the county of Washington.

He |

He represented Eastport in the Massachusetts Legis- |

1 Judge Robbins was a man of fine personal presence, of

genial manners, and great kindness of heart. He was emphat- ically the friend of the widow and orphan, and his death was regarded as a great public loss. He lived and died on the fine estate on Brush Hill, now the residence of his son, Hon. James

Murray Robbins.

lature of 1812, and in December of that year was appointed first lieutenant, and served under that ap- pointment in the army of the United States upon the eastern frontier until April, 1813, when he received the appointment of captain in the Thirty-fourth Regi- ment of Infantry in the United States army, and served until June 5, 1814, when he resigned his commission and resumed the practice of his profes- sion. In July he removed to Roxbury, Mass., and in the year 1815 opened an office in Boston, and commenced practice in both the counties of Suffolk and Norfolk. He was a Representative from Rox- bury in the Massachusetts Legislature for the years 1818, °19,’20,and’21. He was also a delegate from Roxbury in the Constitutional Convention of 1820. He was a member of the Senate of Massachusetts from the county of Norfolk for the years 1823 and 1824, and, during the temporary absence of the presi- dent, was elected president pro tem. He was again a member of the House of Representatives in the year 1825, and was chairman of the committee on the judiciary. In 1824 he was a candidate for Rep- resentative in Congress for the Norfolk District, but, after several trials, his competitor, Hon. John Bailey, was elected by a small majority. He was again elected a member of the Senate from Norfolk County for the years 1828 and 1829, and was president of the Senate for the year 1828, and chairman of the Committee on the Judiciary for 1829. On the 26th of January, 1850, he was appointed Judge of Probate for the county of Norfolk, in place of Judge Robbins, de- ceased, and immediately entered upon the discharge of the duties of the office, which he continued to per- form until his death, which occurred Nov. 19, 1853, at the age of seventy years.

WiLLiAM SHERMAN LELAND was born in Rox- bury, Oct. 12, 1824. After leaving the public schools in his native town, he entered the law-office of his father, Hon. Sherman Leland, then Judge of On the death of his father, in November, 1853, he was appointed to

Probate of the county of Norfolk.

fill the vacancy, which position he continued to oc- cupy until 1858, when, under the administration of Governor Banks, the law concerning Courts of Pro- bate and Insolvency was changed, and he failed to re- ceive the appointment as judge of the new court. He resumed the general practice of law, and soon ac- quired a large and lucrative practice. He was for many years one of the directors of the People’s Bank of Roxbury, and was at one time its active president. He was one of the projectors of the Elliot Five Cent Savings-Bank, and was chosen its president, which office he continued to hold until his death, which

THE BENCH AND BAR.

15

took place July 26, 1869, at the age of forty-four years. GrorGE WHITE was born in Quincy. He was

fitted for college under the instruction of William M. |

Cornell, LL.D., and at the Phillips Academy, in Exeter, N. H. He was graduated at Yale College in 1848, and began his professional studies in the Dane Law-School at Cambridge, and received the degree of LL.B. from Harvard College in 1850. He completed his studies with Hon. Robert Rantoul, Jr., and upon his admission to the Suffolk bar, in 1851, he became a partner with Mr. Rantoul, having an office in Boston. He was a member of the Con- stitutional Convention from Quincy in 1853. He was appointed Judge of Probate and Insolvency in 1858, and he has held the office since that time. He now resides in Wellesley, having an office in Boston. (See

notice of Judge White in history of Wellesley.) the bar in Suffolk in 1781. He was graduated at Harvard College in 1774, and studied law with Wil-

liam Tudor in Boston. He had an office in Boston

the time of the incorporation of the county. He

built an office and began practice, although he was a | His health, how- |

member of Congress until 1797. ever, failed in 1795, and while he continued to practise in the courts to some extent, he gradually withdrew towards the close of his life. evidently found the trial of ordinary cases very irksome, and his time and attention were taken up by his farm and politics. His fame asa lawyer was completely overshadowed by his eminence as a states- man and political writer. An account of his life and character will be found in the history of Dedham in this volume.

Horatio TOWNSEND was born in Medfield, March

Mr. Ames |

and Ames Street, about 1795.

| in 1818. for a short time, but he removed to Dedham about

| it is now removed. The Bar.—FisHer AmeEs.—He was admitted to |

29, 1763, and was graduated at Harvard College in |

1783 ; studied law with Theophilus Parsons at New- buryport, and began practice in Medfield. he was appointed special justice of the Court of Common Pleas, and about the same time was appointed clerk of the courts, which office he held until 1811, when he was removed by Governor Gerry. He was reappointed the following year, and continued in office until his death, which occurred at Dedham, July 9, 1826, at the age of sixty-three years.

SAMUEL HAVEN.—Admitted to the Suffolk bar

in 1799)

ter, of Boston. He was the first Register of Probate of this county. In 1802 he was commissioned a Justice of the Court of Common Pleas, and in 1804 was appointed Chief Justice, and continued in that office until the court was abolished, in 1811. He was in the office of Register of Deeds until 1833, a period of forty years, and almost wholly retired from the practice of law. He then removed to Roxbury, where he continued to reside until his death, Sept. 4, 1847, at the age of seventy-six years.

The mother of Judge Haven was the sister of Samuel Dexter, Sr., and daughter of Rev. Samuel Dexter, minister of Dedham. He built the fine house near the court-house, on the corner of Court His office stood upon his grounds, and was the first office occupied by Waldo Colburn, who began practice in 1850, but It was in this office probably the first meeting of the bar was held. He was in- terested in theological questions, and wrote an elabo- rate pamphlet upon the case of the Dedham Church He was the father of Samuel F. Haven, of Worcester.

THOMAS GREENLEAF.—He was a member of the bar before the incorporation of the county. He was born in Boston, May 15, 1767, and was graduated at Harvard College in 1784. He removed to Quincy early in the present century. He was a represen- tative to the General Court from 1808 to 1820. He was a member of the Executive Council from 1820 to 1822. of the Court of Common Pleas for the county of Norfolk. He died Jan. 5, 1854, aged eighty six years and seven months.

ASAPH CHURCHILL, of Milton, was a member of the bar at the formation of the county. He was born in Middleborough, May 5, 1765, and was graduated at Harvard College in 1789, having a disputation

In 1806 he was appointed a special justice

_with Nahum Mitchell, of Bridgewater, as his part for

commencement. He studied law with John Davis,

| Esq., of Plymouth, and was admitted to practice in

before the incorporation of the county of Norfolk. |

He was the son of Rev. Jason Haven, the minister

of Dedham, and was born April 5, 1771. He was

graduated at Harvard College in 1789, and studied |

law with Fisher Ames and his cousin, Samuel Dex-

Boston in 1795. ably less than twelve, at that time practising law in

He was one of few attorneys, prob- Boston. Having continued his office in Boston for several years, he removed to Milton, where he pur- chased an estate on Milton Hill of Edward H. Rob- bins. He had a large practice in Norfolk County. He died in Milton, June 30, 1841, at the age of

seventy-six years. He was a descendant of John

Churchill, who came to this country in 1640.

JouN SHIRLEY WILLIAMS.—Attorney of Supreme

Judicial Court, 1803. He was born in Roxbury, May

lige = bec 2 | 83,1772, and was graduated at Harvard College in

16

HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

1797. In 1811 he was appointed Clerk of the Courts by Gov- ernor Gerry, but was removed the next year by Gov- ernor Strong. He was also County Attorney. He died at Ware, Mass., while on a journey for his health, in May, 1843, aged seventy-one years.

Henry Maurice Lisir.—Attorney of Supreme Judicial Court, 1802. He was an Englishman who practised law in Milton. He was a man of ability, but little is known concerning him. ‘There is a tra- dition that he went to the West Indies.

James Ricuarpson.—Attorney of the Supreme | He was born in Medfield, Oct. |

Judicial Court, 1803.

2, 1771, and was graduated at Harvard College in 1797. He studied law in the office of Fisher Ames in Dedham, and was afterwards his partner in business until the death of Mr. Ames. He was a learned lawyer, and had a taste for literature. He was a senator from the county in the session of 1815-14, and a member

of the Constitutional Convention of 1820. He was one of the Presidential electors in 1832. He was

president of the Bar Association of the county for

many years. He was at one time engaged in manu-

facturing business, and towards the close of his life |

withdrew from active practice. He continued to be president of the Norfolk Mutual Fire Insurance Com- pany until his death, which occurred in May, 1858. Jainus WARE.—Counsellor of Supreme Judicial Court, March, 1808. Jan.

sity in 1797.

22, 1772, and was graduated at Brown Univer- He practised law in Wrentham. He

was Representative to the General Court from 1809 to |

1816, and also 1818-23; member of the Executive

Council, 1825-26; in 1811 Justice of Circuit Court |

of Common Pleas; and in 1819 Chief Justice of the Court of Sessions. He was appointed Clerk of the Courts Sept. 1, 1826, and held the office until his death, which occurred at Dedham, Jan. 18, 1836, at the age of sixty-four years.

Tuomas B. ApAMs.—Counsellor of Supreme Ju- dicial Court, March, 1808. He was the third son of President John Adams, and was born in Quincy, then Braintree, Sept. 15, 1772; was graduated at Harvard College in 1790; was admitted to the bar in the State of Pennsylvania, and returned to the commonwealth after the incorporation of the county. justice of the Circuit Court of Common Pleas in 1811, Representative to General Court from Quincy in 1805, and in 1811 was a member of the Executive Council. He died March 12, 1832, Mr. Adams took an interest in the

at the age of fifty-nine years and six months. bar meetings for a time, and his name frequently appears in these proceedings.

He was born in Wrentham, |

|

He practised law at Roxbury and at Dedham. |

}

| |

i

| County, and also with Judge Crauch.

| Ware, in 1826, was made Chief Justice.

GiprEoN L. THAYER.—Counsellor of Supreme Ju- dicial Court, 1808. He was the son of Hon. Ebenezer Thayer, and was born in Braintree, Sept. 24, 1777. He was graduated at Harvard College in 1798, and studied law with Benjamin Whitman, of Plymouth He practised in that part of Braintree which is now Quincy, and also in the easterly part of the town near Weymouth Landing. He had a high standing in his profession. He died July 17, 1829, at the age of fifty-two years.

WittiAM DunBar.—Counsellor of Supreme Ju- dicial-Court, 1809. He was born in Stoughton, now Canton, Aug. 15, 1780, and never received a collegiate education. He practised law in Canton for a time, and then went West or South, and was gone many years. He returned to Canton a few years before his death, which took place May 6, 1848, and did some office work.

DanieL ApAMS.—Counsellor of Supreme Judicial Court, 1809. He was born in Watertown, March 26, 1779 ; was graduated at Harvard College in 1799, and commenced the practice of law at Medfield. He was

_a Representative to the General Court from 1812 to

1820, excepting one year, and again in 1841. He was appointed Judge of the Court of Sessions of Norfolk County in 1822, and upon the retirement of Judge He died Sept. 2, 1852, at the age of seventy-three years. JABEZ CHICKERING.—Counsellor of Supreme Ju-

dicial Court, 1809. He was the son of the Rev. Jabez

Chickering, of Dedham (South Parish), where he was

He began practice in Dedham He subsequently

born Aug. 28, 1782. and continued it for many years. engaged in manufactures, and was cashier of the Ded- ham Bank. He removed in 1823 to Monroe, Mich., where he died Oct. 20, 1826.

JosEPH HaArrinarton.—Counsellor of Supreme Judicial Court, 1809. He had an office in Roxbury, where he practised many years.

Davip ALLEN Srimmons.—Attorney of Circuit Court of Common Pleas, September, 1812. He was

born in Boston, Nov. 7, 1785, and was educated at

Chesterfield Academy in New Hampshire, whither he

removed in his childhood. He returned to Boston

in 1806, and studied law with Thomas Williams, of

He was chief |

| Keith and Harvey Jewell.

Roxbury. He had an office in Boston, and was part- ner with George Gay, who was admitted at the same time, for many years, and afterwards with James M. He always lived at Rox- bury, and had a good practice in Norfolk County. He was a man of remarkable energy, and conducted his cases with zeal and ability. He died in Roxbury, Nov. 20, 1859, at the age of seventy-two years. He

THE BENCH AND BAR.

17

had received the honorary degree of Bachelor of Laws from Dartmouth College.

JosraH J. Fiske.—Counsellor of the Supreme Judicial Court, 1815. (See history of Wrentham.)

JouHn Kina.—Counsellor of Supreme Judicial Court, 1811. He had an office in Randolph, where he practised many years.

SamueL P. Lovup.—Counsellor of Supreme Ju- dicial Court, 1811. He was born in Weymouth, March, 1783 ; was graduated at Brown University in 1805; studied law in the office of John Quincy Adams, and began the practice of law in Dorchester. He was a representative from Dorchester and senator from Norfolk County for many years; was a member of the Executive Council in 1841 and 1842, and represented the town in the Constitutional Conven- tion of 1853. He was for six years a justice of the Court of Sessions for the county, and from 1828 to 1853, a period of twenty-five years of continuous service, he was chairman of the county commission- ers. He died at Dorchester, July 11, 1875, at the age of ninety-two years and four months.

CHRISTOPHER WEBB.—Counsellor of Supreme

Judicial Court, 1813. He was graduated at Brown University in 1803 and resided in Weymouth, and was a representative to the General Court from that

town for many years, and was also a senator from |

the county from 1827 to 1834. He was county attorney for the county, and in 1826 was commis- sioner of highways. He died in Baltimore in Febru- ary, 1848, aged sixty-seven years.

Erastus WortHINGToON,—Counsellor of Supreme |

Judicial Court, 1813. He was born in Belchertown,

Mass., Oct. 8, 1779, and was graduated at Williams |

College in 1804. After his graduation he was em- ployed for a time in teaching, and then began the

study of law, which he completed in the office of | ad- | mitted in Suffolk, but came to Dedham in 1809. |

John Heard, Esq., of Boston. He was first

Here he continued to practise until about the year

_being the youngest member of his class.

EBENEZER F. THAyER.—Counsellor of Supreme Judicial Court, 1813. He was a brother of Gideon L. Thayer, and was born in Braintree, June 12, 1784. He studied law with H. M. Lisle, of Milton, with James Sullivan and Gideon L. Thayer. In company with Samuel K. Williams, he practised in Boston some six or eight years, and afterwards in Brain- tree. He died Feb. 15, 1824, at about forty years of age.

THOMAS GREENLEAF, JrR.—Counsellor of the Supreme Judicial Court, 1814. He was a son of Thomas Greenleaf, of Quincy ; was graduated at Har- vard College in 1806, and died in 1817.

Cyrus ALDEN.—Counsellor of the Supreme Ju- dicial Court, 1815. He was born at Bridgewater, Mass., and was graduated at Brown University in 1807, and studied law at Litchfield, Conn., and with William Baylies, at West Bridgewater. He was ad- mitted to the bar first at Plymouth. He began the practice of the law at Wrentham, where he remained for six years and then removed to Fall River, from which town he was Representative to the General Court in 1837. In 1819 he published a work en- titled, ““An Abridgement of Law, with Practical Forms.” He was a worthy man and had a good rep- utation in his profession. He died in 1855.

SamuEL J. GARDNER.—Counsellor of Supreme Judicial Court, 1814. He was born in Brookline, July 9,1788. He entered Harvard College in 1803, He left

_ college a few days before the close of his senior year,

1825, when, having been active in the formation of |

the Norfolk Mutual Fire Insurance Company, he

became its first secretary, and held this office until |

1840, when he resigned it on account of ill health. He was Representative from Dedham to the General

Court in 1814 and 1815. He wrote and published

“An Essay on the Kstablishment of a Chancery Jurisdiction in Massachusetts,” which is believed | upon competent authority to have been the first ar- |

gument published in favor of an equity jurisdiction in the commonwealth. In 1827 he wrote and pub- lished a “ History of Dedham from its Settlement in 1635 to May, 1827.” He died June 27, 1842.

9

Gardner was invited to return and take the valedictory part at commencement, but he declined. Some years after,

being engaged with his class in a rebellion.

he received an honorary degree from the college. He studied law with Judge Fay, of Cambridge, and at- tended lectures at Philadelphia. He began practice in Roxbury in 1810. His office was on Boston Neck, and was a well-known landmark for twenty years. He acquired considerable property in his practice, and retired from active practice after a time. He was active in public affairs, being secretary and treasurer of the Roxbury Grammar School, and manager of the Roxbury Benevolent Society. He was a Repre- sentative to the General Court, president of the Nor- folk County Temperance Society, and Deputy Grand Master of the Grand Lodge of Freemasons in Massa- chusetts.

He subsequently lost much of his property, and in 1838 he removed to Newark, N. J., where he en- gaged in literary pursuits and in the education of his In 1844 he removed to New York. He was for eleven years editor of the Newark Daily Ad-

children.

18

HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

vertiser. He was an accomplished scholar and able writer, and under his editorial administration his paper held a high position among the leading journals of the country. In the discussions preceding the war of the Rebellion he was a vigorous supporter of the party of the Union. seventy-two in 1861. He died in the White Moun- tains, July 14, 1864, at the age of seventy-six years. After his death a selection of his writings, written for

the columns of his newspaper, appeared under the |

name of “ Autumn Leaves,” and in these the wit and humor which made his conversation delightful found expression.

ABNER LorinG.—Attorney of the Supreme Judi- cial Court, 1813. He was born in Hingham, July 21, 1786, and was graduated at Harvard College in 1807. He studied law with Ebenezer Gay. He began practice at Dorchester, and was well read in his profession, devoted to business, and of unexception- able character. He died, deeply lamented, July 18, 1814, at the age of twenty-eight years.

Tuomas Totman.—Counsellor of the Supreme Judicial Court, 1820. He was born in Stoughton, Feb. 20, 1791, and was graduated at Brown Univer- sity in 1811. He practised law in Canton until 1837, and then removed to Boston and had an office there. He was a Representative to the General Court from Canton in 1828 and 1836. He was afterwards a member of the Executive Council. He died in Boston in 1869.

Joun B. Derpy.—Counsellor-at-Law of Supreme Judicial Court, 1821. He practised law in Dedham for some years, and afterwards removed to Beston, where he died. He was the father of Lieut. Derby, well known as a humorous writer under the nom de plume of “ John Phoenix.”

Lewis Wuitine Fisuer.—Attorney of the Cir- cuit Court of Common Pleas, September term, 1819.

He retired from this post at the age of |

|

He was born in Franklin, Dec. 29, 1792, was grad- |

uated at Brown University in 1816, and studied law with Josiah J. Fiske, at Wrentham. He afterwards opened an office at Wrentham, where he lived until his death, April 20, 1827.

Joun W. AmeEs.—Attorney of Supreme Judicial Court, 1820. He was the eldest son of Fisher Ames, and was born Oct. 22, 1793. He was graduated at Harvard College in 1813, and studied law with Theron Metcalf. He had an office in Boston for a short time, but soon removed to Dedham. He was Representative to the General Court from Dedham in

was much interested in the building of the court-house in 1827.

ABEL CusHi1na.—Counsellor of Supreme Judicial Court, 1818. He was graduated at Brown Univer- sity in 1810, studied with Ebenezer Gay, of Hing- ham, and practised law in this county for a number of years, having an office in Dorchester. He was afterwards appointed a justice of the Justices’ Court in Boston, which office he held until his resignation, shortly before his death, in 1866. He was a Repre- sentative to the General Court from Dorchester for three years, and also a Senator from Norfolk County.

MeLerian Evererr.—Counsellor of the Supreme Judicial Court, 1820. He was born in Wrentham, June 24,1777. He was graduated at Brown Uni- versity in 1802. He studied law with Hon. Laban Wheaton, of Norton, and began practice in Foxbor- ough, where he resided until about the year 1832, when he removed to Wrentham. He was a Repre- sentative to the General Court from Foxborough in 1831, and was a Senator from the county in 1841 and 1842. He was a safe and prudent counsellor. He died in Wrentham in 1858. The Hon. Horace Everett, of Vermont, was his brother.

Ezra Weston Sampson.—He was probably ad- mitted to the bar in the county of Plymouth. He was born in Duxbury, Dec. 1, 1797, and was gradu- ated at Harvard College in 1816. He had an office in Braintree, where he practised law about twelve years. Upon the decease of Judge Ware, he was ap- pointed in 1836 Clerk of the Courts for the county, and held the office until January, 1867. During the last year of his life he was unable to perform the duties of his office by reason of illness. He died in Dedham, Jan. 15, 1867, at the age of sixty-nine years.

WARREN LOvERING.—Counsellor of the Supreme Judicial Court, October term, 1825. He was grad- uated at Brown University in 1817. He had an office in Medway for many years, and at one time had

an extensive practice. He was a Representative to

the General Court from Medway in 1827 and 1828.

1822, and was president of the Dedham Bank from |

June 16, 1829, to his death, Oct. 31, 1833. never married, but always lived with his mother.

He was

He |

He held several important offices, and was a promi- nent member of the Whig party. The last years of his life were spent in poverty and obscurity. He died in 1876.

JONATHAN PARKER BisHoP was born in Kil- lingly, Conn., April 10, 1792. Jonathan Parker Bishop, a well-known physician, and Hannah (Torrey) Bishop. He commenced the practice of law in Medfield about the year 1818, having been admitted to the bar in another county, and was prominently identified with the affairs of the

He was the son of

THE BENCH AND BAR.

19

town during his life. He represented the town in the Legislature in 1848 and 1851, and was actively interested in the election of Charles Sumner to the | United States Senate, which first took place in the latter year. He was largely instrumental in the build- | ing of the Charles River Railroad, which was opened through the town in 1861. He died July 10, 1865.

AARON PreEscortr.—Attorney of Supreme Judi- cial Court, 1820. He was graduated at Harvard | College in 1814. He practised law for many years | in the county, and had an office in Randolph. He died in 1851.

JoNATHAN H. Coss.—Counsellor of Supreme Judicial Court, 1824. He was born in Sharon, July 8, 1799, and was graduated at Harvard College in 1817. He began the study of law in the office | of William Dunbar, of Canton, where he remained | until Oct. 9, 1818, when he went to Charleston, S. C., and opened a classical school. In 1819 he returned to Massachusetts, and completed his legal studies in the office of Jabez Chickering, of Dedham. He was editor of the Village Register, in Dedham, and had an office in Boston. In 1831 he was active in the formation of the Dedham Institution for Say- ings, of which he was the first treasurer. In 1831 the Legislature requested the Governor to procure the compilation of a manual on the mulberry-tree and the manufacture of silk, which was prepared by Mr. Cobb, of which several editions were published, and afterwards republished by order of Congress. In 1837 he established a manufactory of sewing-silk in Dedham, of which he was superintendent and principal proprietor, but which was burned in 1845. In 1833 he was appointed register of probate for | Norfolk County, which office he held until 1879. He was for thirty consecutive years the town clerk of Dedham, declining re-election in 1875. He was | deacon of the First Church for more than forty years, and for the same period an active magistrate of the county. He died March 12, 1882.

GrorcE ©. WiLtpE.—Attorney of the Supreme Judicial Court, October term, 1826. He was the son of the Hon. Samuel S. Wilde, a justice of the Supreme Judicial Court. His professional life was a brief one, but he practised law in Wrentham until about the year 1835, when he was appointed Clerk of the Supreme Judicial Court in the county of Suffolk, an office which he held for about forty years.

IrA CLEVELAND.—Attorney of the Court of Common Pleas, Dec. 5, 1827.

Horace Mann.—Attorney of Court of Common Pleas, 1826; Supreme Judicial Court, 1827. He | was the son of Thomas and Mary Mann, and was |

| caustic pen.

born in Franklin, May 4, 1796. He was graduated at Brown University in 1819. He entered the office of Josiah J. Fiske, at Wrentham, but soon after became a tutor at Brown University for two years. He then studied a year in the law-school at Litchfield, Conn., and completed his studies with James Richardson, at Dedham. He opened an office in Dedham, being the same lately occupied by Jabez Chickering, on the corner of Court and Church Streets. He was a Representative to the General Court from Dedham for four years, 1827- 31. In 1833 he removed to Boston, and entered into a partnership with Edward G. Loring. He was a member of the Senate from Suffolk four years, and in 1837 was president of that body. He was chair- man of the committee for the revision of the statutes of 1836, and prepared the marginal notes and cita- tions of cases, as editor with Theron Metcalf. He was appointed secretary of the Board of Education upon its organization, June 29, 1837. Of the great distinction and influence to which he attained in this office it is unnecessary to speak in this notice, or of his career as a member of Congress from 1848-52, which though brief was memorable. He died while president of Antioch College, Ohio, Aug. 2, 1859.

The brief period of practice in his profession at Dedham is naturally overlooked by reason of his having become so widely known as an educator and philanthropist, yet he was remembered by his con- temporaries who knew him as a lawyer as a man of brilliant parts, and was a successful advocate. He was fond of controversy, and wielded an extremely He had many admirers in Norfolk County, and years after his removal from Dedham, when he was an independent candidate for Congress, the popularity and influence gained while at the bar, aided materially in his election.

JoHN JONES CLARKE.—Counsellor of the Supreme Judicial Court, Nov. 5, 1830. He was born Feb. 24, 1803; was the son of Rev. Pitt Clarke (H. C. 1790), of Norton, Mass., and Rebecca (Jones) Clarke, of Hopkinton. He was at school at the Nor- ton Academy, and was fitted for college partly at the Framingham and Andover Academies and partly by his father, who was, for his time, a distinguished scholar and teacher.

He entered Harvard College in 1819, with a class in which, at the end of the course of four years, a famous rebellion occurred, on account of which a large majority of the class were refused their degrees, and it was not until 1841 that Mr. Clarke received from the college the degrees of A.B. and A.M.

Upon leaving college, Mr. Clarke pursued the

20

HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

study of law in the office of Hon. Laban Wheaton, of Norton, for a year; he then’ entered the office of James Richardson, Esq., at Dedham, where he re- mained two years; he was then, in 1826, admitted to the bar of the Court of Common Pleas, and after- wards, in 1830, to the bar of the Supreme Court.

In 1826, Mr. Clarke commenced the practice of |

law in Roxbury, where he has ever since resided, having an office on Washington Street, nearly oppo- site Eustis. Here his business gradually increased, and in 1830 he married Miss Rebecca Cordis Has- well, a daughter of Capt. Robert Haswell, formerly in the navy, and afterwards in the mercantile service, and step-daughter of John Lemist, Esq., a prominent

|

citizen of Roxbury, a union which has been emi- |

nently happy, the fiftieth anniversary of which was celebrated by a large circle of their friends in 1880.

Mr. Clarke early became one of the leaders of the bar of Norfolk County, and he was frequently re- tained in important cases in Plymouth and Bristol Counties.

On the acceptance in 1848 of a seat on the bench by Hon. George T. Bigelow, Mr. Clarke formed a partnership with his brother, Mr. Manlius S. Clarke, who had to that time been Judge Bigelow’s partner. The principal office of the firm was in Boston, but Mr. Clarke retained his office in Roxbury for some years after this, and continued to attend to business in Norfolk County, in addition to attending to a por- tion of the large business of the firm of J. J. & M. S. Clarke in Suffolk County and elsewhere.

This partnership was ended by the death of Mr. |

M. S. Clarke in 1853, and for a few months Mr. Elias Merwin was associated with Mr. Clarke, and aided in winding up the unfinished business of the old firm. In April, 1854, he took as a partner Mr. Lemuel Shaw, Jr., who had been a student in his office. This partnership continued until 1863, when in consequence of the increasing personal responsi- bilities of both partners it was dissolved, and from

throp Bank of Roxbury, was one of the founders and the first president of the Roxbury Gas Company, and in the early history of the Metropolitan Railroad

_ was one of its directors, and in every relation in life

has always commanded the respect and confidence of his fellow-citizens.

Mr. Clarke was in early life a zealous member of the Whig party, but since the dissolution of that party he has not taken an active part in politics, though always doing his duty as a good citizen in voting at every election. He has always taken a great interest in the suppression of intemperance, and has for many years been a total abstainer from all intoxicating agents.

Mr. Clarke continues to occupy an office at 27 State Street, Boston, where he has been in practice since 1848, but of late years his time has been de- voted principally to the care of estates of which he is trustee.

Joun Mark GourGas.—Attorney of the Supreme Judicial Court, November term, 1830. He was grad- uated at Harvard College in 1824. He practised law in this county during his life, having an office in Quincy. He died in 1862, and was never married. He was a careful and accurate lawyer.

NATHANIEL FostER SAFFORD was born in Salem in 1815, and was graduated at Dartmouth College in 1835. He studied law with Asahel Huntington, of Salem, where he was admitted to the bar. He began practice in Dorchester in 1839, where he acted as

_wagistrate, and also as a master in chancery in the

period of jurisdiction under the insolvent laws. He was Representative to the General Court from Dor- chester in 1850 and 1851. In 1853 he was nomi- nated by the Whig party to succeed Samuel P. Loude, who had declined further service as county commis- sioner, but there having been no choice by the people

_ after two trials, he was appointed by Governor Clifford

| to fill the vacancy.

the same cause Mr. Clark gradually withdrew from |

active practice. Mr. Clarke early joined the First Church in Rox- bury, and has been an active and useful member of

that church and congregation.

He was a member of the House of Representatives |

for Roxbury in 1836 and 1837, and of the Senate |

for Norfolk County in 1853, and when Roxbury was incorporated in 1846 he was chosen its first mayor, and rendered efficient service in organizing the new city government, but declined to hold the office for more than one year.

Mr. Clarke was at one time president of the Win-

He was elected chairman of the board, a position which he continued to fill by succes- sive re-elections until Jan. 1, 1868. He was again elected county commissioner in 1872, and from Jan. 1, 1873, to January, 1879, he was chairman of the board. He now resides in Milton, but has an office in Boston.

WitirAm 8S. Moron practised law at Quincy for many years, but he was not admitted in this county. He was graduated at Harvard College in 1831, and died at Quincy in 1871. some years.

NaaMAN L. Wuite.—He was graduated at Har- vard College in 1835.

tree for many years, where he now resides.

He was a trial justice for

He has had an office in Brain- He was

THE BENCH AND BAR.

21

admitted to the bar elsewhere, and is not now in active practice.

Fisoer A. KINGsBuRY was a native of Norfolk County, and practised many years at Weymouth. He died many years ago. He acted as magistrate in Wey- mouth. He was admitted as counsellor of the Supreme Judicial Court in 1831.

ASAPH CHURCHILL, JR.—Attorney and counsellor, September term, Court of Common Pleas, 1834. He was born in Milton, April 20, 1814. He was grad- uated at Harvard College in 1831; studied law with his father at Milton, and in the Harvard Law-School. He was admitted to the bar before he was twenty-one years of age, and had an office at the Lower Mills, in Dorchester, and Milton until 1857, when he took an office in Boston, where he has since continued to prac- tise, having had for his partner, from 1857 to 1870, Edward L. Pierce, and since that time his son, Joseph R. Churchill. He was a Senator from Norfolk County in 1857 ; wasa director and president of the Dorchester

and Milton Bank, afterwards the Blue Hill Bank, for |

more than twenty-five years. He was also president of the Dorchester Mutual Fire Insurance Company. He has resided in Dorchester, and has had a large

practice, to which at this date (1883) he is fully |

devoted.

ABNER L. CusHinG.—He was born in Dorchester, and was the son of Abel Cushing. He was graduated at Harvard College in 1838. He edited the Boston Republic a few years, and studied law with his father. He began practice in Boston, and subsequently re- moved to Randolph, where he had an extensive prac- tice in this county for many years. In 1863 he removed to New York, where he is now engaged in the practice of law.

SAMUEL WARNER.—Attorney and counsellor, Court |

of Common Pleas, September term, 1841. He was

born in Providence, R. I., and was fitted for college |

at Day’s Academy, in Wrentham. ated at Brown University in 1838. He began prac- tice in Wrentham, where he has continued to reside and practise law ever since. He was Representative to the General Court from Wrentham in 1843, 1848, and 1882. He was Senator from the county in 1851, and a member of the Constitutional Convention in 1853. He was land agent of the commonwealth from 1851 to 1854, and has been a trial justice since 1858.

Eviis WortHINGTON.—Attorney and counsellor, September term, Court of Common Pleas, 1842. He was born in Dedham, Feb. 11, 1816, and was the son of Erastus Worthington.

He was gradu-

|

He was fitted for |

college at Day’s Academy, in Wrentham, and entered |

Brown University, but did not complete his college course. He studied law in the Dane Law-School at Cambridge, and in the office of Ezra Wilkinson at Dedham. He had an office in Dedham for a short time after his admission to the bar. He afterwards removed to Fort Wayne, Ind., and thence to Mil- waukee, Wis., where he continued to practise law. He was afterwards the general agent of the Aitna Insurance Company of Hartford at Springfield, IIl., and was subsequently the vice-president of the Put- nam Insurance Company of Hartford. He died in Palmyra, N. Y., Nov. 28, 1871.

Joun K1na.— Attorney and counsellor, April term, Court of Common Pleas, 1843. He is the son of John King, of Randolph, and was graduated at Har-

_vard College in 1839, and studied law with Ezra

Wilkinson. He had an office in Dedham for a time, but he afterwards removed to the West, and now resides in Lowa.

Hon. Wiii1AmM Gaston.—The subject of this sketch traces his ancestry to a family of France who were zealous adherents of the Huguenot cause. The direct ancestor of his branch of the family, driven from his native land, sought refuge in Scotland, from which place, between the years 1662 and 1668, his sons, being in great peril because of their firm ad- herence to the Protestant faith, fled to the north of Ireland for safety.

The forefather of Governor Gaston, with a younger brother, arrived in this country about 1730. He located in Connecticut, where his family remained for more than a century. Not only has Governor Gaston honored the family name and connected his name inseparably with the history of the old com- monwealth, but North Carolina as well claims among her distinguished citizens one of the same name and family, William Gaston, an eminent jurist and states- man, judge of the Supreme Court of the State.

Governor William Gaston, son of Alexander and Keziah Arnold Gaston, was born in Killingley, Conn., Oct. 3, 1820. His father was a well-known mer-

| chant of Connecticut, and a man of sterling integrity

and strong force of character. The family removed from Killingley to Boston in 1838. Mr. Gaston was prepared for college at Brooklyn and Plainfield Acad- emies, and at the early age of fifteen entered Brown University, where he maintained a high rank in his class and was graduated with honor in 1840. Hav- ing decided upon the legal profession as a life-study, he entered the office of Judge Hilliard, of Roxbury, where he remained for a time, and continued his legal studies with C. P. and B. R. Curtis, of Boston, with whom he remained until his admission to the bar in

22

HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

1844. In 1846 he opened a law-office in Roxbury, and very soon took a leading position at the bar. continued his practice here with marked success until 1865, when, in company with Hawley Jewell and Walbridge A. Field, he formed a copartnership in Boston, under the firm-name of Jewell, Gaston & Field, which continued until Mr. Gaston’s elevation to the gubernatorial chair of Massachusetts in 1874.

Governor Gaston is a Democrat in politics, and, although not an active politician, he has had many positions of trust and responsibility virtually thrust upon him, and his career in many respects has been In 1853 and 1854 he was elected to the House of Representatives as a Whig, and in 1856 was re-elected by a fusion of Whigs and Democrats against the Know-Nothing candidate. He was elected to the Senate in 1868, although his district was strongly Republican. He was also for a long time city solicitor of Roxbury, and mayor of Roxbury, 1861-62. his party’s candidate for Congress, but was defeated. In 1870, after the annexation of Roxbury to Boston, he was elected mayor of the city, and re-elected in 1871. In this year a spirited contest ensued for the mayoralty, Mr. Gaston being the Democratic candidate and Hon. Henry L. Pierce the nominee of the Re- publicans. At first it was announced that Mr. Gas- ton was elected, but upon a recount of votes Mr. Pierce was declared mayor by a plurality of seventy- nine votes.

as remarkable as it was brilliant.

Mr. Gaston’s popularity and strength was significantly shown in this contest, for only one month previously Gen. Grant had carried the city by five thousand five hundred majority.

In the fall of 1874 Mr. Gaston recceived the nom- ination for Governor, and entered the canvass in op- position to Hon. Thomas Talbot, at that time acting Governor of the commonwealth, and one of the strongest men in the Republican party. The result astonished and electrified the country. Mr. Gaston

was elected by seven thousand plurality. He entered |

upon his high office with a determination to discharge its duties solely for the benefit of the commonwealth He

brought to the gubernatorial chair not only a superior

as a whole, and nobly was this duty performed.

legal mind, but that executive ability which a success- Not a bitter partisan, he was guided by a conservative policy

ful administration of the office demands.

which was commended alike by both parties. declined the nomination for Governor in 1876, al- though a large majority of the convention was in his favor, and he also declined in the same year the con- gressional nomination from the Fourth District.

In 1875 he received the degree of LL.D. from

He |

In 1870 he was |

He |

Harvard, and also from his Alma Mater, Brown Uni- versity. In 1852 he united in marriage with Louisa A., daughter of Laban 8. Beecher, of Roxbury. Scholarly, with social attainments of a high charac-

| ter, and a legal mind that has placed him among the

leaders of the Suffolk bar, he is justly esteemed as one of Boston’s most honored citizens.

SAMUEL BrapLEy Noyes, eldest son of Samuel and Hlizabeth (Morrill) Noyes, was born in Dedham, April 9, 1817. On his father’s side he is of the Noyes family of Choulderton, Wiltshire, England, and his ancestor, Nicholas Noyes, with his brother, James, a clergyman, came to New England in 1634, to New- bury in 1635, five years after Winthrop’s settlement of Boston. On his mother’s side his grandfather, Eliakim Morrill, was a highly respectable citizen of Dedham, and his great-grandfather, the Rev. Isaac Morrill (H. U. 1737), was a solemn Puritan divine, who died (1793) in office as pastor at Wilmington. It will thus be perceived that Mr. Noyes is of a very old New England stock, and of that Puritan clerical strain which Dr. Holmes so felicitously calls “the Brahmin caste” in society. Mr. Noyes himself has always been interested in church and parochial affairs, and has enjoyed a wide acquaintance with the clerg of his faith. He attended the public schools, and for one year a private school in Dedham under the tuition of Hon. Francis W. Bird (B. U. 1832). He entered Phillips Academy, Andover, in 1836, and remained there till the summer of 1840, when he left to join his class at Cambridge (H. U. 1844). Of his student life at Phillips Academy Mr. Noyes has always re- tained a most tender regard; and in 1875 the Phil- omathean Society in the academy, in which Mr. Noyes played a prominent part during his student days at Andover, held its semi-centennial anniversary and he was chosen the orator of the day, his address being subsequently printed, together with the other literary exercises of the day, in an illustrated pamphlet of permanent interest and value. On leaving college he studied law with the Hon. Isaac Davis, of Worcester (B. U. 1822), afterwards with Hon. Ezra Wilkinson, of Dedham (B. U. 1824), and Hon. Ellis Ames, of Canton (B. U. 1830). He was admitted to the Norfolk County bar, April, 1847, and began practice in his adopted town of Canton, where he has resided ever since, with the exception of two years which he spent in Florida. He married, in January, 1850, Miss Georgiana, daughter of James and Abigail (Gookin) Beaumont. Her father came to New England from Derby, England, in 1800, and built the first mill erected for the manufacture of cotton by machinery in Massachusetts in 1802. Her mother

o ay ph

THE BENCH AND BAR. 23

was the daughter of Edmund Gookin, a lineal de-

-scendant from Daniel Gookin, who in 1650 was

magistrate of all the Indians in Massachusetts, and who accompanied the Apostle John Eliot in his visits to the various tribes, and whose history of the Indians

is published in the collections of the Massachusetts | Historical Society. They have four children and two |

grandchildren.

His public offices have been justice of the peace (1849), trial justice (1850), commissioner of insol- vency (1853), special county commissioner for Nor- folk County (1856), trial justice again (1857). From

1849 to 1871 he was a member of the school com- |

mittee of Canton, superintendent of public schools, 1857-58, 1861-64, 1867-71, and he has always been an interested worker in the cause of popular education even beyond the borders of his own town.

In 1864 he was appointed by Hon. William Pitt Fessenden, Secretary of the United States Treasury Department, a special agent of the department, and acting collector of customs at Fernandina, Florida. In this post, on the frontiers of a rebellion not then sub- dued, he had a rare chance to study the undercurrents of the great war among the Southern people, and his private journal would no doubt show quaint and sug- gestive incidents of the popular temper and conduct in Florida and Southern Georgia at that exciting time. After two years’ service here he returned North, leay- ing behind him many warm friends, whose memory he cherishes as among the most valued treasures of his busy life. On his return to Massachusetts, in May, 1867, he was appointed by Hon. Salmon P. Chase, chief justice of the Supreme Court of the

United States, a register in bankruptcy for the Second | _ often a picturesqueness and vivacity which are charm- which he still holds, although the acts of Congress of |

Congressional District in Massachusetts, an office

1878 so far modified its duties that Mr. Noyes has

had leisure to return to some extent to the practice of | Asa lawyer Mr. | Noyes has naturally been interested in politics,—State |

his favorite profession of the law.

and national,—giving much time and attention to questions of public policy and administration, and since its organization has been a consistent and useful member of the Republican party.

In politics results are generally reached through carefully-arranged and judiciously-executed details,

projected and planned away from public observation — and in a wise adjustment of means to ends, in the.

absence of which political movements are like the moves ina game of chance. As an adviser as to what to do and how to do it, and a worker in the execution of well-laid plans, he has lent a ready and serviceable hand to party movements and party successes.

Mr. Noyes has always maintained an extensive acquaintance with political leaders, hence his influ- ence has been much sought and not withheld when it could be used in the furtherance of justice or the promotion of the right, etc., in helping to shape party action and legislation, so to secure these desir- able ends.

In private life Mr. Noyes is known to be a man of taste and culture, a reliable friend, and never more so than when friendship is needed, a genial com- panion and an accomplished entertainer in private hospitalities. The classics of his school and college life have been to him life-long companions and friends. He has from his youth devoted himself to music with an absorbing enthusiasm. While in college he was leader of the college choir and of the Harvard Glee Club.

It is quite safe to assume, that had he given him- self to the study and practice of the fine art of music as the leading object of his life, the natural qualities of his voice, so finely attuned, combined with a power of passionate musical expression, born of genius, would have given him distinguished rank among the great tenors of the age. As an ama- teur he has been always heard with favor at the musical festivals, parish churches, and society meet- ings in the county, and whenever he consents to take the “baton” and assume the conductor’s role, as he does sometimes in the old “Stoughton Musical So- ciety,” he discovers the ability to impress large bodies of performers with his own enthusiasm, and to lead them to fine musical results.

He has also been a very industrious writer for the public press, and his historical and local essays have

ing. He is fond of ancient lore, and of gath- ering and reading out-of-the-way literature of the personal and archaic kind, from which he gathers rare sayings and incidents to adorn his contributions to the press. His special taste is towards the old English writers of the age of Addison and of John- son, while his knowledge of Shakespeare, and of the famous actors who have represented him for the last forty years on the American stage, is extensive. He is a member of the New England Historic and Genealogical Society, of the New England Agricul- tural Society, of the Massachusetts Press Associa- tion, of the Bunker Hill Monument Association, and of the Stoughton Musical Society, of which latter he is a member of the committee of arrangements for the centennial celebration of its anniversary in 1886.

Socially, Mr. Noyes is a hale and hearty friend, with nothing negative in his make-up, but abounding

24

HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

in positive points of a warm and strong personality. Of Puritan stock, he has not a shade of Puritan austerity, but rather the reverse, and his good fellow- ship is a Boston proverb. He is Saxon rather than Norman in temperament, and his friends find in him a certain mellowness, as of an older civilization than our own, which makes him well met with the agree- able and those who make merry.

In the affairs of a busy and exacting proton he has retained and developed his taste for literature and history, and while a New Englander by birth and education, his temperament has always led him to that wider society of mankind, where

“One touch of nature makes the whole world kin.”

NevemiAu C. Berry.—Attorney and counsellor, Dec. 24, 1846. He had an office for some years at Randolph, and practised

Court of Common Pleas,

in this county, but he many years since removed to Roxbury, and took an office in Boston, where he continues to practise in his profession.

Evwan Fox Haxri.—Attorney and counsellor, Court of Common Pleas, September term, 1847. He began practice as a partner with Jonathan P. of Medfield. He afterwards was a partner with Fisher A. Kingsbury at Weymouth, where he He

Bishop,

continued to practise until his death in 1867. acted as a magistrate in Weymouth.

James Humpnrey was born in Weymouth, Jan. 20,1819. He was educated at the Phillips Acad- emy in Andover, where he was graduated with the first honors of his class in 1839. He was a teacher until 1852, when he entered the office of D. W. Gooch, in Boston, and was admitted to the Suffolk bar in 1855. Weymouth for twenty years, and during a large part of the time was chairman of the board. He was Rep- resentative to the General Court in 1852 and 1869, and was a Senator from the Norfolk and Plymouth District in 1872. He was elected a county commis- sioner in 1874, and held the office until November, 1882, being chairman of that board during a great In November, 1882, he was appointed justice of the District Court of

He held the office of selectman in

portion of his term of service.

East Norfolk, which office he now holds. at Weymouth.

Epwarp Avery was born in Marblehead, March |

12, 1828. He was educated in the schools of his

native town, and afterwards in the classical school of

Mr. Brooks, in Boston. of F. School

He studied law in the office W. Choate in Boston, and at the Dane Law-

in Cambridge. He was admitted to the bar

He resides |

| has thus been identified with the Norfolk bar.

1 April, 1849, and began practice in Barre, in the |

_ county of Worcester, where he remained until the

winter of 1850-51, He then removed to Boston, and has since had an office there. On the Ist of October, 1858, he became associated in business with George M. Hobbs, a copartnership which still con- tinues. Mr. Avery has for many years been a lead- ing practitioner in all the courts of Suffolk and other counties, and the firm has up to the present time al- ways had an extensive practice. Mr. Avery has given especial attention to cases arising under the insolvent laws of Massachusetts and under the United States Bankrupt Law, and in this branch of the law

_he has been eminently successful, although he has _ always attended to general practice. _he has had an office in Boston, has always been a resi-

Mr. Avery, since

dent in Norfolk County. For some time he resided at Quincy, but for many years past he has lived at Braintree. trial of many important causes in this county, and In 1866 he was a Representative to the General Court from Braintree, and in 1867 was re-elected to the House, and also to the Senate from the Norfolk and Plymouth District.

Epwarp Litire Prerce.—Admitted at the Feb- ruary term of the Supreme Judicial Court, 1853. He was born March 29, 1829, and is a son of Col. Jesse Pierce, of Stoughton. He was graduated at Brown University in 1850. During his college course he distinguished himself in several prize essays and in articles which appeared in the Democratic Review. He entered the Law-School at Cambridge, and re- ceived the degree of Bachelor of Laws in 1852. He was the author of the successful prize essay offered to his class upon the “ Consideration of a Contract,” which was printed. He afterwards wrote an essay upon “Secret Suffrage,’ which attracted attention in England, and was there reprinted. He was after- wards in the law-office of Salmon P. Chase, at Cincin- In 1857 he published the first edition of his “ American Railroad Law.” He took an active part in politics in 1857 as a member of the

He has been employed as counsel in the

nati. work on

| Republican party, advocating the most liberal treat-

ment of foreigners against the proscriptive policy which then was popular in Massachusetts.

He continued to practise in his profession, having an office in Boston, as a partner of Asaph Churchill. At the breaking out of the war, in 1861, he enlisted as a private in the Third Massachusetts Regiment. He afterwards, in 1862, by appointment of Secretary Chase, had the charge of the freedmen and plantations of the Sea Islands, and his official reports of this trust

were widely read. He was on duty at Morris Island

AY

AK

THE BENCH AND BAR. 25

in August, 1863, when he was appointed collector of internal revenue for the Third District of Massachu- setts, which office he held for three years.

He was appointed by Governor Bullock, in 1866, to the office of district attorney of the Southeastern District, to which office he was elected by the people in 1866, and again in 1868. In October, 1869, he was appointed secretary of the Board of State Chari- ties, and held that office until 1874, when he re- signed it.

In 1875 and 1876 he was Representative from Milton in the General Court, and in the latter session was chairman of the Committee on the Judiciary. He is the author of the “ Act to Limit Municipal Indebtedness.” He was appointed by President Hayes in December, 1878, assistant treasurer of the United States at Boston, but he declined the appointment.

Mr. Pierce has been one of the lecturers at the Boston Law-School since its foundation. In 1881 he published a new edition of his work on “ American Railroad Law,” much enlarged and enriched by co- pious notes and citations. In 1874 he prepared an elaborate “Index of the Special Railroad Laws of Massachusetts.”

Mr. Pierce was one of the literary executors of Charles Sumner, and was the author of the memoir of Mr. Sumner, published in 1877, an elaborate and

excellent biography. He has also been the author of | many articles contributed to the reviews and news- |

papers, of official reports, and public addresses upon a variety of social and political topics, all of which are marked by such ability, breadth, and exhaustiveness of treatment of their respective subjects as to entitle them to hold a permanent place in the current dis- cussions of vital questions.

result of which was given in his report for 1873 as |

secretary of the Board of State Charities.

Mr. Pierce received the degree of Doctor of Laws from Brown University in 1882. Milton, and has an office in Boston.

AsA FRENCH was born on the 21st of October, 1829, in Braintree, where his ancestors have lived since the town’s earliest settlement.

He resides at | 1856 he was elected register of insolvency, which

office of David A. Simmons and Harvey Jewell, in Boston.

Mr. French was first admitted to practice in the Supreme Court of New York, at Albany, in 18553, and afterwards at Boston. He has always had an office in Boston; but has made Braintree his home, and has been identified with the Norfolk County bar.

He represented Braintree in the lower branch of the State Legislature in 1866. In 1870 he was ap- pointed by Governor Claflin district attorney for the Southeastern District, to fill the vacancy caused by the resignation of Hon. Edward L. Pierce, and held this office by successive re-elections until October, 1882, when he resigned.

In 1882 he was tendered the appointment of justice of the Superior Court of Massachusetts, but declined it. He has been one of the commissioners on inland fisheries for the State of Massachusetts since 1873.

He is president of the board of trustees of the Thayer Academy and of the Thayer Public Library, both in Braintree, and both founded and endowed by the late Gen. Sylvanus Thayer.

In 1883 he was placed by President Arthur upon the annual Board of Visitors to the West Point Mili- tary Academy.

Mr. French was appointed judge of the Court of Commissioners of Alabama Claims in Washington, under the act re-establishing that court, approved June 5, 1882.

Erastus WortTHINGTON.—Attorney and coun-

_sellor, February term, Supreme Judicial Court, 1854.

Mr. Pierce has made | several journeys to Europe, one in 1873, to inspect | European prisons, reformatories, and asylums, the |

| to 1867.

He received his early education in the public schools, | | that office in January, 1867, and has since been elected

was prepared for college at the Leicester Academy, Worcester County, Mass., and was graduated at Yale College, in the class of 1851. Upon leaving college, he began the study of law at the Albany Law-School,

and afterwards entered the Harvard Law-School, where |

he received the degree of LL.B. in 1853. He sub-

He is the son of Erastus Worthington, of Dedham, where he was born Nov. 25, 1828. He was gradu- ated at Brown University in 1850. After residing nearly a year in Wisconsin, he entered the Dane Law- School, at Cambridge, where he received the degree of LL.B. in 1853. He completed his professional studies in the office of Ezra Wilkinson, at Dedham. He began practice in Boston, and was for some time a partner with David A. Simmons, of Roxbury. In

office he held until July, 1858, when he resumed practice in Dedham. He was trial justice from 1857 In 1866 he was elected clerk of the courts for Norfolk County, and entered upon the duties of for three terms of five years each. He continues to hold the office, and resides in Dedham.

CHarLes Enpicorr.—Attorney and counsellor, April term, Court of Common Pleas, 1857. He was born in Canton, Oct. 28, 1822. He was for several

sequently pursued the study of his profession in the | years town clerk, selectman, and held many town

26

HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

offices. He was a deputy sheriff of the county from 1846 to 1853, and commissioner of insolvency from 1855 to 1857. Upon his admission to the bar he began practice in Canton, where he continues to re- side. He was a Representative to the General Court in 1851, 1857, and 1858, and a Senator from Norfolk County in 1866 and 1867, and a member of the Ex- ecutive Council in 1868 and 1869. He was county commissioner from 1859 to 1865. He was State Auditor from 1870 to 1875, and Treasurer and Receiver-General for the Commonwealth from 1876 to 1881, when he became ineligible for re-election by reason of the constitutional limitation in the term of that office. He now holds the office of tax com- missioner. He resides in Canton.

JosEPH McKEAN CHURCHILL is the son of Asaph Churchill, and was born in Milton, April 29, 1821. He was graduated at Harvard College in 1840, and pursued his professional studies in the Dane Law-School, Cambridge, where he received the degree of LL.B. in 1845. He began and continued the practice of law in Boston for many years. He was Representative to the General Court from Milton in 1858, and a member of the Executive Council in 1859 and 1860. He was also a member of the Con- stitutional Convention of 1853, and for twelve years was an overseer of Harvard College. He was a cap- tain in the Forty-fifth Regiment Massachusetts In- fantry in the war of the Rebellion. He was a county commissioner from Jan. 1, 1868, until April, 1871, and chairman of the board during two of those years. He was then appointed a justice of the Mu- nicipal Court of Boston, which office he continues to hold. He resides in Milton.

JAMES H. TIRRELL was born in Weymouth, March 28, 1833. mouth, and studied law with Fisher A. Kingsbury

and Elijah F. Hall, in Weymouth. He was admitted |

to the bar in Suffolk, July 16,1856. He now resides and has an office at Quincy.

Joun L. ExpripeGe was born in Provincetown, Mass., Dec. 25, 1842. He was fitted for college at the Boston Latin School, and was graduated at Har- vard College. Dane Law-School, and received the degree of LL.B. in 1866. He also studied in the office of Joseph Nickerson, in Boston. in Suffolk in November, 1867. He resides at Quincy, but has an office in Boston.

Kvererr ©. Bumpus was born in Plympton, Nov. 28, 1844. His parents subsequently removed to Braintree, and he left the Braintree High School in

He was educated in the schools of Wey- |

|

He pursued his legal studies at the

He was admitted to the bar |

United States during the civil war. He served with some intervals until the war ended, both as private and officer. He pursued his studies while in the army, and at the close of the war he entered the office of Edward Avery, and was admitted to the bar in Suffolk, May 10, 1867. He was a trial justice at Weymouth from 1868 to 1872, when he was appointed Justice of the District Court of East Norfolk, which office he resigned Oct. 1, 1882. He was then nomi- nated and elected the district attorney for the South- eastern District, to succeed Asa French. He was re-elected in 1883 for the term of three years, and now holds that office. His residence is in Quincy, but he has an office in Boston.

Freperick D. Eniy.—Attorney and counsellor, Superior Court, Oct. 8, 1862. He was born in Wrentham, Sept. 24, 1838, was fitted for “college at Day’s Academy, in Wrentham, and was graduated at Brown University in 1859. He studied law in the ofice of Waldo Colburn, in Dedham. He has been a trial justice from 1867 to the present time. He was Representative to the General Court from Ded- ham in 1873, and Senator in 1878 and 1879. He resides in Dedham, but has an office in Boston.

Joun D. Cops.—Attorney and counsellor, Superior Court, April 23, 1867. He was born in Dedham, April 28, 1840, and was graduated at Harvard Col- lege in 1861. He studied law in the Dane Law- School, and received the degree of LL.B. in 1866. He also was in the office of Waldo Colburn, at Ded- ham. He entered the military service of the United States Aug. 16, 1862, and served until the end of the war as sergeant, and was promoted to be lieutenant and acting adjutant of the Thirty-fifth Massachusetts Infantry. He was Representative to the General Court from Dedham in 1876 and 1877. He was appointed assistant register of probate Jan. 1, 1879, which office he has since held. He resides in Dedham.

Epmunp Davis.—Attorney and counsellor, Supe- rior Court, Oct. 1, 1867. He was born in Canton,

| Dec. 12, 1839, and was graduated at Dartmouth | College in 1861.

He entered the military service of the United States Aug. 16, 1862, and was severely wounded at the battle of Antietam, by reason of which he was discharged from service Sept. 16, 1862. He studied law in the office of Waldo Colburn, at Ded- ham. He began practice in Franklin, and was a trial justice for some time. He then removed to Hyde Park, where he now resides and has an office. Tuomas E. Grover was born in Mansfield, Feb. 9, 1844. He studied law principally in the office of

Ellis Ames, in Canton, and was admitted to the bar

April, 1861, to go into the military service of the | Sept. 7, 1867. Mr. Grover has held the office of trial

ae

THE BENCH AND BAR. 27

justice for many years. He resides in Canton, and has offices both in Canton and Boston.

JAMES E. Correr was born in Ireland in 1848. He came to this country in 1856, and resided in Marlborough until his admission to the bar. He was educated in the public schools, and at the State Normal School at Bridgewater. He studied law with William B. Gale, of Marlborough, and was admitted to the bar in Middlesex, Jan. 2, 1874. He removed to Hyde Park, where he now resides. He has an office in Hyde Park and in Boston.

GEORGE WINsLOow WiGGIN.—Attorney and coun- sellor, Superior Court, Oct. 17, 1871. He was born in Sandwich, N. H., March 10, 1841. He was edu- cated in the course for four years at Phillips’ Acad- emy, Exeter, N. H. He was afterwards a teacher in the Friends’ Boarding-School at Providence, R. L., and principal of the Wrentham High School for four years. He studied law in the office of Samuel War- ner, of Wrentham. He began practice in Franklin in 1872, where he has since resided and practised law. He has been a trial justice since 1872, and was elected a county commissioner in 1878, and was re-elected in 1881. He has been chairman of the board during the past year. He has also an office in Boston.

JAMES HeEwIns was born in Medfield, April 27, 1846. He was educated in the Medfield and Wal- pole High Schools, and entered Amherst College. He studied law with Robert R. Bishop and at the Dane Law-School, in Cambridge. He was admitted to the bar in Suffolk, Feb. 26, 1868. He has been a trial justice, and is Representative to the General

Court in 1884. He resides in Medfield, but has an

office in Boston.

Oscar A. MARDEN was born in Palermo, Me., Aug. 20, 1853. He was educated at the Westbrook Seminary, in Deering, Me. He studied law in the Boston University Law-School, where he was grad- uated in 1876. He also studied in the office of S. K. Hamilton, in Boston. He was admitted to the bar in Suffolk, Oct. 8, 1876. He has been a trial justice for several years, and resides in Stoughton, but has an office in Boston.

The following gentlemen were admitted to the bar

in Norfolk County, and are now practicing attorneys in |

the county: Asa Wellington, Quincy, admitted April, 1852. Charles J. Randall, Wrentham, admitted Jan. 3, 1859.

Henry B. Terry, Hyde Park, admitted April 4,1871. | Don Gleason Hill, Dedham, admitted Oct. 18,1871. | Charles Amory Williams, Brookline, admitted Oct. |

1, 1873.

Zenas 8. Arnold, Boston, admitted Jan. 20, 1874.

Charles A. Mackintosh, Dedham, admitted Oct. 4, 1875.

Frank Rockwood Hall, Brookline, admitted Jan. 8, 1878.

William G. A. Pattee, Quincy, admitted May 14, 1879.

John Everett, Canton, admitted May 14, 1879.

Nathan Hyde Pratt, Weymouth, admitted Jan. 1, 1880.

James J. Malone, Quincy, admitted May 18, 1881.

Charles Francis Jenney, Hyde Park, admitted Oct. 4, 1882.

Albert Everett Avery, Braintree, admitted Jan. 23, 1883.

The following gentlemen were admitted to the bar elsewhere, but are now practicing attorneys in the county :

Charles H. Drew, Brookline. Office in Boston.

Moses Williams, Brookline. Office in Boston.

Bradford Kingman, Brookline. Office in Boston.

Thomas L. Wakefield, Dedham. Office in Boston.

Alonzo B. Wentworth, Dedham. Office in Boston.

John R. Bullard, Dedham. Office in Boston.

Horace E. Ware, Milton. Office in Boston.

Henry F. Buswell, Canton. Office in Boston.

Jonathan Wales, Randolph. Office in Boston.

John V. Beal, Randolph. Office in Boston.

Charles H. Deans, West Medway.

Emery Grover, Needham. Office in Boston.

E. Granville Pratt, Quincy. Office in Boston.

George Fred. Williams, Dedham. Office in Boston.

Orin T. Gray, Hyde Park. Office in Boston.

W. H. H. Andrews, Hyde Park. Office in Boston.

Artemas W. Gates, Dedham. Office in Boston.

Robert W. Carpenter, Foxborough.

Fred. H. Williams, Foxborough.

Edward Bicknell, Weymouth. Office in Boston.

Fred. J. Stimson, Dedham. Office in Boston.

Charles E, Perkins, Brookline. Office in Boston.

John C. Lane, Norwood. Office in Boston.

Sheriffs.\—Hon. Ebenezer Thayer, of Braintree, the first sheriff of Norfolk County, was the son of Hon. Ebenezer Thayer, also of Braintree, and was born Aug. 21, 1746. His father was for many years a prominent citizen of the town, having served in the office of Representative eighteen years, and was chosen

| Representative to the General Court seventeen years

1 The following sketches of the sheriffs and county treasurers of the county are mainly taken from the ‘‘ Norfolk County Manual,” by Henry O. Hildreth, Esq., by the permission of the author.

28

HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

successively, and in 1776 was a member of the Hx- ecutive Council. His mother was Susanna, daughter of Rev. Samuel Niles, of Braintree. Mr. Thayer served the town many years as selectman, town clerk, and treasurer; was Representative to the General Court in 1796, 1800, and 1801, a member of the Senate in 1795, ’96, *97, 98, ’99, and a member of

the Executive Council in 1793 and 1794. He was also a brigadier-general in the militia. On the or-

ganization of the county, in 1793, he was appointed Sheriff, but owing to ill health, resigned early in the following year. He died May 30, 1809, aged sixty- three years.

Atherton Thayer, half-brother to the preceding, was born in Braintree, Feb. 9, 1766. His mother was Rebecca Miller, of Milton, who was the second wife of Hon. Ebenezer Thayer, Sr. On the resigna- tion of the office of sheriff by his brother, in 1794, he was appointed to fill the vacancy, and continued in the office until his death, July 4, 1798, aged thirty- two years.

Benjamin Clarke Cutler, of Roxbury, was born in Boston, Sept. 15, 1756, and was for many years a merchant, removing afterwards to Jamaica Plain. He was appointed sheriff July 31, 1798, and held the office until his death. He died very suddenly at his residence on Centre Street, Jamaica Plain, April, 1810, aged fifty-four years.

Elijah Crane was born in Milton, Aug. 29, 1754, and was the son of Thomas Crane, for many years a prominent citizen of that part of Stoughton, now Canton. He early removed to Canton, where his

. . . | regular business was that of a farmer, in which he

met with marked success, although much of his time

was devoted to public life. He was a man of large

and erect stature, well-developed form, and graceful |

carriage, and was noted for his splendid horseman- ship. He early took a deep interest in military mat- ters, rising by successive appointments to the rank of brigadier-general of the Second Brigade, First Di- vision, Massachusetts Volunteer Militia, to which he was promoted Aug. 1, 1803, and promoted and com- missioned major-general of the First Division June 16, 1809, which position he continued to hold until his discharge, June 8, 1827, a period of service in

the highest military office of the State without a

parallel in Massachusetts. He also attained high rank as a Mason, being successively Junior Grand

Warden of the Grand Lodge of Massachusetts in

Grand Master in 1832. Cutler, in 1810, he was appointed sheriff, and con- tinued in office until 1811, when he was removed for

| clusive.

' some time he carried on the same business.

political reasons by Governor Gerry. The following year he was reappointed, and continued in office by successive reappointments until his death, the longest term of service as sheriff ever held in the county. He died Feb. 21, 1834, aged eighty years.

William Brewer, of Roxbury, was for many years a prominent citizen of the town, having been chair- man of the Board of Selectmen for several years, and was Representative to the General Court from 1801 to 1811, inclusive, and again from 1814 to 1817, in- In 1811 he was appointed sheriff of Nor- folk County by Governor Gerry, which position he held for one year. He died Aug. 2, 1817, aged fifty-nine years.

John Baker (2d) was born in Dorchester, Feb. 27, 1780. He learned the trade of a wheelwright in Roxbury, and soon removed to Dedham, where for He was a coroner, and for several years a deputy sheriff of the county. On the death of Gen. Crane, in 1834, Mr. Baker was appointed sheriff, and held the office until his death, which occurred Jan. 1, 1843, at the age of sixty-three years.

Jerauld Newland Ezra Mann was born in Med- field, June 26, 1796. He learned the trade of a carriage-painter, serving his time with the Messrs. Bird, of Walpole. In 1823 he went to Easton, where he remained but a short time, removing the year following to Taunton, where he remained five

years, at the end of which time he went to Wrent-

ham, and thence to Dedham, where he took the place of his brother-in-law, Maj. T. P. Whitney, as deputy sheriff and jailer. On the death of Sheriff Baker, Mr. Mann was, Feb. 8, 1843, ap- pointed sheriff for the term of five years, at the ex- piration of which he declined a reappointment, but continued to act as deputy sheriff and jailer until July, 1855, when failing health compelled his resig- nation. He soon after removed to Vernon, Conn., the residence of his youngest daughter, where he died April 15, 1857, aged sixty years and ten months. Thomas Adams was born in Quincy, April 20, 1804.

his father as a butcher, and afterwards was proprietor

In early life he was engaged in business with

of different stage-lines, and an extensive dealer in horses. He then went to Roxbury, where he con- tinued to reside until his death. He was deputy

sheriff under Sheriff Mann, and in 1848 succeeded

that officer as sheriff of the county. He was re- 1820 and 1821, Senior Grand Warden in 1822, and |

On the death of Sheriff |

| office until Jan. 1, 1857.

| |

moved from office for political reasons in 1852, but was reappointed the following year, and continued in After Roxbury became a He

city he was for two or three years city marshal.

NORFOLK DISTRICT MEDICAL SOCIETY. 29

died suddenly of apoplexy Jan. 2, 1869, aged sixty-

five years. John W. Thomas was born in Weymouth, April 1, 1815. Learned the trade of a shoemaker, and

was a Representative to the General Court in 1852, a delegate to the Constitutional Convention in 1853, and a lieutenant-colonel in the militia. May 13, 1852, he was commissioned sheriff of Norfolk County by

year for political reasons. In 1856 he was elected sheriff by the Republican and American parties, and assumed the position Jan. 1, 1857. removed to Dedham, where he continues to reside. He was the first sheriff elected by the people in the county, and at each successive election was chosen by a large majority of the popular vote. He held the office until January, 1878, when he declined a re- election.

Rufus C. Wood was born in Palmer, May 30, 1818. His parents removed to Dudley, where he learned the trade of a machinist, and lived until he was twenty years of age. He previously had at- tended the public schools and the Nichols Academy in Dudley. He removed to Canton in November, 1836, and worked at his trade for eleven years in the Kinsley Iron and Machine Company’s works. He was appointed a deputy sheriff by Sheriff Adams in 1853, and he held that office until his election as sheriff, in 1877. During President Lincoln’s administration he was appointed postmaster at Canton, which office

He soon after

he held for sixteen years, and resigned at the time of his election as sheriff. In 1877 he was elected sheriff of the county, has been twice re-elected, the last time, in 1883, by the nomination and vote of both political parties. Since his election as sheriff he has resided in Dedham, and is master of the House of Correction in connection with his office.

County Treasurers.—Isaac Bullard, the first treasurer of the county, was born in Dedham, July 10, 1744, and was a lineal descendant from William Bullard, one of the first settlers of the town. He was for many years in public life, having been town clerk for three years, selectman five years, and Rep- resentative to the General Court from 1794 to 1801, and again in 1806 and 1807. He was chosen deacon of the First Church, May 28, 1780, which office he continued to hold until his death. tion of the county, in 1793, he was chosen county

On the organiza-

treasurer, to which position he was annually elected until his decease, which occurred June 18, 1808, at the age of sixty-four years.

John Bullard, son of the preceding, was born in

Dedham, Jan. 9, 1773. He was also much in public life, having been twenty years a selectman and one year town clerk. On the death of his father, in

1808, he was chosen county treasurer, which position afterwards went into business as a manufacturer;

he occupied by successive elections until his death, Feb. 25, 1852, a period of forty-four years. He was seventy-nine years of age. (See history of Dedham.)

George Ellis was born in Medfield, Sept. 2, 1793,

_and early removed to Dedham, where for several Governor Boutwell, but was removed the following

years he carried on business as a trader. He was captain of one of the Dedham militia companies, for several years a deputy sheriff of the county, and for fourteen years one of the selectmen of the town. He was secretary and treasurer of the Dedham Institution for Savings from May, 1845, to June, 1855, when, owing to ill health, he resigned. On the death of John Bullard, in 1852, he was appointed by the county commissioners county treasurer, and the two following years was elected by the people, failing of a re-election in 1855. He died June 24, 1855, aged sixty-two years and ten months.

Chauncey C. Churchill. (See history of Dedham.)

CHAPTER. BE

NORFOLK DISTRICT MEDICAL SOCIETY.

BY A. E. SPROUL.

INCLUDED in the Massachusetts Medical Society are several subordinate organizations, ‘“ wherein the communication of cases and experiments may be made, and the diffusion of knowledge in medicine and surgery may be encouraged and promoted.” One of these is the Norfolk District Medical Society. It is subject to the regulations of the general society in all matters wherein the latter is concerned. It was organized in 1850, and consists of Fellows of the Massachusetts Medical Society residing in those portions of Boston formerly known as Roxbury, Dor- chester, and West Roxbury, and in the towns within the present boundaries of Norfolk County. The ‘« district” corresponds to the old county lines, which were changed by the annexation of Roxbury and Dorchester to Boston. The officers are as follows: President, Dr. J. H. Streeter, Roxbury; Vice-Presi- dent, Dr. A. R. Holmes, Canton; Secretary and Librarian, Dr. G. D. Townshend, Roxbury; Treas- urer, Dr. E. G. Morse, Roxbury.

Following is a

30

list of present members, brought down to Feb. 1,

HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

1884:

1835.1—Alexander, Andrew, Dorchester. 1866.—Allen, George Otis, West Roxbury. 1866.—Amory, Robert, Brookline.

1873.—Bemis, Charles Albert, West Medway. 1882.—Blanchard, Benjamin Seaver, Brookline. 1840.—Blanchard, Henry, Dorchester. 1871.—Blodgett, Frank Marcellus, Roxbury. 1871.—Bolles, William Palmer, Dorchester. 1868.—Bowditch, Henry Pickering, West Roxbury. 1871.—Bragdon, George Abbott, Dorchester. 1878.—Broughton, Henry White, Jamaica Plain. 1879.—Brown, Roscoe Ellsworth, East Weymouth. 1873.—Call, Norman, Roxbury.

1865.—Campbell, William Henry, Roxbury. 1878.—Channing, Walter, Brookline. 1868.—Chase, John Winslow, Dedham. 1882.—Cheever, Clarence Alonzo, Mattapan. 1874.—Clement, George Wilmot, Roxbury. 1837.—Cotting, Benjamin Eddy, Roxbury. 1849.—Cushing, Benjamin, Dorchester. 1874.—Cushman, Thaddeus Thompson, Randolph. 1878.—Daniels, Edwin Alfred, Medway. 1862.—Dearing, Thomas Haven, Braintree. 1847.—Dickerman, Lemuel, Foxborough. 1880.—Donovan, Samuel Magner, Quincy. 1883.—Drake, William Abram, North Weymouth. 1879.—Dunbar, Eugene Fillmore, Roxbury. 1867.—Edson, Ptolemy O’Meara, Roxbury. 1868.—Edwards, Charles Lawrence, Hyde Park. 1870.—Emery, William Henry, Roxbury. 1881.—Ernst, Harold Clarence, Jamaica Plain. 1865.—Everett, Willard Shepard, Hyde Park. 1874.—Farr, Edwin Lawson, Roxbury. 1848.—Faulkner, George, Jamaica Plain. 1866.—Fay, George Wyman, East Weymouth. 1858.—Fifield, William Cranch Bond, Dorchester. 1875.—Finn, James Anthony, Roxbury. 1847.—Flint, John Sydenham, Roxbury. 1847.—Fogg, David Sylvester, Norwood. 1880.—Fogg, Irving Sylvester, Norwood. 1856.—Forsaith, Francis Flint, Weymouth. 1848.—Francis, Tappan Eustis, Brookline. 1880.—Fraser, John Chisholm, East Weymouth. 1877.—French, Justus Crosby, Dedham. 1882.—Galligan, Eugene Thomas, Roxbury. 1882.—Garceau, Alexander Emmanuel, Hyde Park. 1863.—Garceau, Trefflé, Roxbury.

1875.—Gerry, Edwin Peabody, Jamaica Plain. 1854.—Gifford, Silas Swift, East Stoughton. 1869.—Gilbert, Daniel Dudley, Dorchester. 1854.—Gilbert, John Henry, Quincy. 1871.—Gordon, John Alexander, Quincy. 1869.—Goss, Francis Webster, Roxbury. 1878.—Gould, Lawrence Mervin, Hyde Park. 1882.—Granger, Frank Clark, Randolph. 1863.—Greene, James Sumner, Dorchester. 1871.—Hall, Josiah Little, Brookline. 1847.—Harlow, James Frederick, Quincy Point. 1867.—Hayes, Charles Cogswell, Hyde Park. 1869.—Hazelton, Isaac Hills, Grantville.

1 Date of admission.

1853.—Hitchcock, Joseph Green Stevens, Foxborough.

1862.—Holbrook, Silas Pinckney, West Medway. 1854.—Holmes, Alexander Reed, Canton. 1880.—Jaques, Henry Perey, Milton. 1833.—Jarvis, Edward, Dorchester. 1877.—Kenneally, John Henry, Roxbury. 1877.—Kilby, Henry Sherman, Wrentham. 1848.—King, George, Franklin. 1875.—Kingsbury, Albert Dexter, Needham. 1869.—Mansfield, Henry Tucker, Needham. 1883.—Martin, Francis Coffin, Roxbury. 1846.—Martin, Henry Austin, Roxbury. 1874.—Martin, Stephen Crosby, Roxbury. 1849.—Maynard, John Parker, Dedham. 1872.—MeNulty, Frederick Joseph, Roxbury. 1875.—Mecuen, George Edward, Roxbury. 1872.—Moran, John Brennan, Roxbury. 1870.—Morse, Edward Gilead, Roxbury. 1843.—Morse, Horatio Gilead, Roxbury. 1880.—Mullen, Francis Henry, Dorchester. 1870.—Nichols, Arthur Howard, Roxbury. 1871.—Otis, Robert Mendum, Roslindale. 1878.—Page, Frank Wilfred, Jamaica Plain. 1870.—Perry, Joseph Franklin, Dorchester. 1882.—Pierce, Matthew Vassar, Milton. 1867.—Pratt, Gustavus Percival, Cohasset. 1881.—Prior, Charles Edwin, Holbrook. 1867.—Quincy, Henry Parker, Dedham. 1877.—Read, George Mumford, Dorchester. 1856.—Richardson, John Henry, Medfield. 1858.—Robinson, Albert Brown, Roxbury. 1873.—Rogers, Orville Forrest, Dorchester. 1873.—Sabine, George Krans, Brookline. 1854.—Seaverns, Joel, Roxbury. 1881.—Sherman, Warren Hobart, Quincy. 1852.—Shurtleff, Augustine, Brookline. 1863.—Skinner, Edward Manning, Jamaica Plain. 1871.—Smithwick, John, Sharon. 1855,—Stedman, Charles Ellery, Dorchester. 1864.—Stedman, Joseph, Jamaica Plain. 1861.—Stone, Silas Emlyn, Walpole. 1847.—Streeter, Joseph Herman, Roxbury. 1882.—Thurlow, John Howard, Roxbury. 1872.—Tinlkkham, Granville Wilson, Weymouth. 1862.—Tower, Charles Carroll, South Weymouth. 1877.—Towle, Henry Charles, Dorchester. 1877.—Townshend, George Drew, Roxbury. 1868.—Trull, Washington Benson, Brookline. 1876.—Van Slyck, David Bernard, Brookline. 1872.—Vogel, Frederick William, Roxbury. 1854.—Waldock, James, Roxbury. 1838.—Wales, Bradford Leonard, Randolph. 1880.—Welch, John Frederick, Quincy. 1874.—Wescott, William Henry, Dorchester. 1880.—West, Edward Graeff, Roxbury. 1882.—White, Herbert Warren, Roxbury. 1878.—Wells, Frank, Brookline. 1872.—Williams, Edward Tufts, Roxbury. 1831.—Wing, Benjamin Franklin, Jamaica Plain. 1874.—Wing, Clifton Ellis, Jamaica Plain. 1876.—Wingate, Uranus Owen Brackett, Wellesley. 1867.—Winkler, Joseph Alexander, Jamaica Plain. 1880.—Withington, Charles Francis, Roxbury. 1882.—Wood, Henry Austin, Roxbury. 1875.—Yale, Joseph Cummings, Franklin. 1874.—Young, Charles Sayward, Stoughton.

DEDHAM.

dl

CHAPTER, 111.

DEDHAM.

BY ERASTUS WORTHINGTON.!

The Settlement—The Town Covenant—Names of the Signers— Organization of Town Government—Character of Settlers— Formation of the Church—The Rey. John Allin—Division of Lands—Burial-Ground—Training-Ground—Description of the Village in 1664.

On the third day of September, 1635, at the Gen- eral Court held at Newtowne, afterwards Cambridge, it was thus ordered :

“There shall be a plantation settled about two miles above the falls of Charles River, on the north- east side thereof, to have ground lying to it on both sides the river, both upland and meadow, to be laid out hereafter as the court shall appoint.”’

The falls of Charles River here referred to, are the falls at Newton, and although the distance above the falls is understated in the record, yet the place desig-

nated can be none other than that now occupied by |

the village of Dedham. This order was the fiat which proclaimed the existence of the settlement of Dedham, and the record therefore properly stands at the begin- ning of its written history. It marks with certainty the time when the settlement had been definitely de- termined upon. record clearly implies, the lands described, to some extent, must have been explored, and settlers were ready to undertake the new plantation. The settle- ment at Watertown, begun in 1630, had already be- come alarmed at the rapid increase of its inhabitants. The tide of emigration had then set strongly to the shores of Massachusetts Bay, and a new settlement had to be provided. In the preceding spring the General Court had given leave to the inhabitants of Watertown to remove themselves to any place they

1 Tn writing the following history of Dedham, I have taken the materials largely from my father’s “‘ History of Dedham,” published in 1827; from the Centennial address of Samuel F. Haven, in 1836; from the historical discourses of the Rev. Dr. Lamson, and the other historical discourses by the pastors of other churches. The care and accuracy with which these were prepared render them authentic sources of history, and they have left little for the gleaner in the history of the first two centuries. I have also availed myself of the researches of others

Before this time, however, as the |

upon certain special subjects; but with these exceptions, I have |

sought original sources for historical facts.

I only regret that |

in the limited time given for the preparation of this history, |

there has been no opportunity for giving citations of authorities,

or for that careful revision of the text which every historical |

work should receive.—E. W. DepuHaw, Feb. 1, 1884.

should make choice of, provided they should continue under the government. The student of the early records of the colonial towns, and especially those of Watertown, will be surprised and interested to find how soon after the arrival of Winthrop, the insuffi- ciency of land became an urgent and impelling reason for the advance of civilization into the interior. It is easy to imagine how eagerly the pioneers, in the search for an eligible location, ascended the river above the lands already granted to the Newtowne proprietors, lying above Watertown, to the broad meadows and wide plateau of the future town of Dedham. To the eye of the early settler, it must be remembered, meadows had an especial value, since they would fur- nish both water .and forage for his cattle before the uplands could be cleared.

The removal from Watertown was gradually ef- fected, and it is probable that the year 1635-36 was mainly spent in preparation for occupying the new settlement. The fact, however, that in the register

| of births and deaths in Dedham are recorded the

births of two children in June and July of 1635, would seem sufficient to prove that the plantation was actually begun in that year. It is said that there were twelve of these pioneers who first planted their rude houses upon the plains of Dedham. Although the names of all these cannot now be ascertained, yet among those who were here as early as 1635 were doubtless Edward Alleyne, Philemon Dalton, Samuel Morse, John Dwight, Lambert Genere, Richard Evered, and Ralph Shepherd. Capt. Thomas Cake- bread was the military man of the company, but he never came as a settler. Mr. Robert Feake was a prominent man at Watertown, and although his name was first subscribed to the covenant, and he had an Possibly Abraham Shaw was one of the number, as his house and goods at Watertown were burned about—this time.

On the eighth day of September, 1636, upon the petition of nineteen settlers for a confirmation of the grant of the previous year, and to distinguish the town by the name of Contentment, the General Court ordered ‘‘ that the plantation to be settled above the falls of Charles River shall have three years immu- nity from public charges, and the name of the plan- tation to be Dedham; to enjoy all that land on the southerly and easterly side of Charles River not for- merly granted to any town or particular persons, and ~

allotment of land, he never removed here.

| also to have five miles square on the other side of the

river.” This is to be considered as the act incorporating

‘the town, as it conferred the name by which it has

32

HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

always been known. No definite reason can be as- signed for the change made in the name selected by the petitioners; but it has been suggested that John Dwight, John Rogers, and John Page were emigrants from Dedham, in Suffolk, England, which may satis- factorily account for it.

The territory included in this grant to the Dedham proprietors was magnificent in its extent and some- what indefinite in its boundaries. On the southerly and easterly side of the river, it included the present town of Dedham, with the portions that have been annexed to West Roxbury and Hyde Park, the towns of Norwood, Dover, a portion of Natick, Med- field, Walpole, Norfolk, Franklin, Wrentham, and the greater portion of Bellingham. On the northerly and westerly side of the river the grant of five miles

square included Dedham Island, then a neck of land, | | liams at Providence.

Needham, Wellesley, the greater portion of Natick, three thousand four hundred acres in the town of Sherborn, and the town of Medway. Besides, three hundred acres had been purchased near the Roxbury line, by the proprietors, of Philemon Dalton, John Dwight, and Lambert Genere, who had bought of Samuel Dudley.

The easterly boundary of the territory then was not Neponset River, owing to grants to Israel Stoughton and others which intervened, but a century after, Neponset River became the boundary-line between Stoughton and Dedham. It required many commit- tees and much negotiation subsequently to define the boundaries between Dedham and Roxbury and Dor- chester.

This grant of the General Court in confirmation and enlargement of the grant of a plantation made in 1635 was made to the nineteen persons who were They were the sole owners of the land The names

petitioners. until they should admit new associates. of these petitioners and proprietors were

Lambert Genere, Nicholas Phillips, Ralph Shepherd,

Edward Alleyne, Abraham Shaw, Samuel Morse, John Gaye, Thomas Bartlett,

Francis Austen,

Philemon Dalton, Ezekiel Holliman, John Kingsbury, John Dwight,

John Coolidge,

John Rogers, Joseph Shaw, Richard Evered, William Bearestow. John Howard, While it is true that the nineteen men names are signed to the petition should be regarded as the nominal founders of the town, yet only a few of them were long identified with the plantation or

had any permanent influence upon its future growth.

_had not yet removed from Watertown.

whose |

| ard.

Edward Alleyne, who had come from Watertown the preceding year, was doubtless the principal man of the company. ‘That he was a man of education, the records of the first two years, made by him, are ample evidence, and the covenant drawn by him shows that he was a man of excellent capacity. He afterwards obtained a grant of three hundred acres of land for a settlement at Bogastow (Hast Medway), but he died suddenly while attending