o HISTORY OF

"MIDDLESEX COUNTY, MASSACHUSETTS,

WITH

BIOGRAPHICAI.J SKETCHES . .

OF MANY OF IT8

PIONEERS AND PROMINENT MEN.

COMPILED UICD •• THB BUPBaVJ810IC OJ'

f).11 n , d.

D. HAM I L'l'ON I-I U ltV .

. VOL. I.

ILLUSTRATED .

. ~) PHILADELPHIA:

.J. \V. I... E W IS & CO.

1890.

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, -7-1---, ,I

I

/.' "

J-1 -o-~)' ",( ,1

'J -, ' ,; I- .. • L'Vt.,t, ( -:, '. '-f' -',

CopyrlgAt. 1890.

By J, W. LEWIS &: CO •

.. _or JAa. II. una ... PI&III'I".II .. OO •• ""Y.

PlIIUDKLPII ...

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PUBLISHER'S PREFACE.

THE History of Middlesex County, contained in these volumes, h88 been prepared by the

publishel'8 with a due eenae of the ~ponsibility resting upon them, and with au earnest effort

to meet the just expectatioDB of the public. Their underta~ing W88 a formidable one, in­

volving, 88 it did, histories of six cities and forty-eight toWDB, together with histories of

the county proper, with its courts and officers, and of the bench and bar, 88 well 88

notices of many of its promin.eDt men. liB far 88 it W88 po8IIible these histories and notices . ..-

have been confided to local historiaDB of acknowledged capacity for the work, a few of them

only having been prepared by other writers accustomed to historical research and poeaeesing

literary skill. The chapters relating to the oo.unty, and the bench and bar, will be· found of

especial value, entering, 88 they do, a field hithertO unexplored. In presenting these volumes,

while the publishers cannot expect tl> wholly escape criticism, they look with hope, if not

with . con~dence, for an approval of their work.

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. OONTENTS OF VOL. I.

GENERAL, HISTORY.

CHAPTER I.

)flDDLB8~ C'.oUKTY • • I CHAPTER II.

i JfEHOB AND BAB.. • • • , , '.' • xxiv

I OI1'IES AND TOWNS. i

CAJOBlDGB •• IDtrodaotlo ••

CHAPTER I. '

CHAPTER-- I1r CAJlBBlDGII-(~) •• ' •• ' ..•

The IDdIa. or OuDbddp ~ Tlclall,r.

CHAPTER III. C ..... JlBBlDGB-( 0I1ItiIaud) • • • • • •

" • al .... ..,.. 1II$r7. .

CHAPTER IV. CAJlBIUDGII-( Omtinued) '. • • • • •

aarYU4 UalftIIIl,r. " • . , . CHAPTER V"

CAJlBIUDGB-(Clmtitaued) .•••• ~ The DlYlDIl,r lIaIlooi or D.nard UDhenl&,.

. CHAPTER VI. C..t..xBIUDGII-(~) •• • • ','

The Pabllo lJolaoolL

, CHAPTER VII. CAJlBBIDGB-(OmM~) • • . • • •

LItenIare.

OHAPTER VIII. CAJ01UDGII'-( <lmMwd) • • • • • •

1l1IIIcal. '

CHAPTER IX. CAIIBBlDGlI-( G1mCi,,_) ,

II ..... BlItorJ.

.. . , .

" . , · .

· .

·

· .

CHAPTER X. !

CAIIBBlDGII-(Omtita_) ••••• ',' • . • • • 178 11111...,. '

CHAPTER' XI, ./ " CAIIBIUDGII-( ~~) • . , , •• ••••• 190

O .. IlD....,.

CHAPTER XII. . 11 CAKBBlDG£-( Qmc&,,-r', ,. ': . . .

..... 1 ........ 1 ••• _.

CHAPTER' XIII. 77 CAJOBlDGB-( Clmtita_> ,. . . , . .

lIuDf'lduri., Uld I.......... ' • CHAPTER XIV.

140 CAKBBlDG£-(~_) • • · . . . 1l1IceI ...........

CHAPTER XV. 142 AC'l'OH . , .. · .. ·

CHAPTER XVI. A8HBY • .. · . , · .

151 :n.crlpUoa.

CHAPTER XVII.

153 A8HBT-( Cbntin_> . . .. . . ·

lIeclaaDloal lad .........

CHAPTER XVIII. 153 A8HBY-( Clmtitaued) ... · . . .

J:ooIeIIMIaalA ......

• •. 198

, •• 201

. . . 210

238

806

314

816

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CHAPTER XTX. ABHBY-( (i:;:;Ci."d)

Tb.

CHAPTER XX. ABHBY-( (Antinued)

M .... Rill:;HHyHUI.

CHAPTER XXT. ABHBY '~( C5HRilltinued)

Obit

CRAPTER xxn.

CHAPTER XXXV. NATlZi5L

Nzt:?HtR r ... tu .... He" t'roducli,,~

CHAPTER XXXVr. NATUik:t-(OmtiTiiLI) •••

"Uitlemete, A:tTJt700.

CHAPTER XXXVIJ. NATlGT-(OmtitiHtii£). • • ttO

niHH~Rit'Hi: ADO",UiHHt CoDdliEHii tbe TOitH~i£,-CbaoUi ID th. IDd.D Qoya..,menl-Tbalr ~PopuIaUOD-­Acta u Proprteto .. -AllotlDaDI 01 Leoda-Sale 01 th.

ABHBY -( Omtinued) • . • • • • • • • ~UUHHH, Pb,meie'*'*'i :;grlc"lt*'~' RillHnoOal

327 Sa .... -N .. U.k u .. Pa ...... -Acta 01 General Court &8lat·

WOBURN IDtF,~ieytien.

CHAPTER XXTTT.

CHAPTER XXIV. WOBURN-(Omtinued) ••••••••

Ohi! to 1800,

'GGGPTEG xxV. WOBURN-( Omtinued)

OlyO

CIIGGfER XGVI. W OBUllN~( Omtinued) • • • • • • • •

WolIHHH 5" 01&7.

CEE,APTER XxVJT. WOBuRN-(Omtinued) •• ' ••••••

• 334

• 3E6

• •••• 355

.. 365

366 Th. Medical and LeUiI Pref_IDIII' Colomal, ProYlDdal .. Dd

LatHH Rilltcrlocla.

CHAPTER XXVIII. WOBURN-COmtintu:d)· ••••

)lIIUeH:?t Riloto..,.-TYe ColoDIal IMUiiUit&.

CHAPTER XXIX. WOBUllN-(Omtinued) ••••••••

• •••• 377

389 IIl1lieF:?UlllO'7-T:?,:? k%RillYoluRilleFFT aod Lattt:? it:?k%. to

1852, :;t'i,-Tbe Oh}} Ui ... 01

CHAPTER XXX.

BIOItFt&liEHHI NOUH_,

CHAPTER XXXI. WOBURN-( OmtitJued) • ., , • • • • • • • • • 414

EccIUi~iHH} 8181oH5,

CHAPTER XXXII. SHIRLEY •• • •••• 456

OHAPTOO xxxm,

WII:8TON ••• • •••• 486

It-PHHiUi L .. Unp~UiiiHiilnc Oily Uotnl-b T'YOIUU'HH'H:? W .. r-i'yL"h DecI .. raiRiiii ~prdlo:?

Independeooa-N~Uc" Bold2enLTth 0' Tktyllao"":' TO"D I ocorporalad.

OG}'~PTER XXXVIH, NATkJT-( ContiTi:?"i'£). • •

1800-18110: Prwpecta 01 the To .. n more Eocoarac\DC­General Procr--To .. o Ac'lon 1l.pej:t101 tb. Puton of

£j&"urcb-TGi£G T .. n ..... J£uJ~ub. To,,*, GIlW .... ' i&". G .... t TUi"EIIon-T0iuiJ En th. HtGiJ TlnAllclaE

L0JGiLt£0n-TbJ lTiiteOD1a1 fLtUintion-Tiiitii OftloaGi .. Dd lWp .... nlath. In tbe G.neral Court.

OHOPTEO HXXJX, NATiiiGi~-(Omtiitiiiitl ••••

~LaI""IC&L: Orpnlutlon or tb. Indl .. n Oba..,b­Eliot', T_I .. UOIl 01 th. Blbla-Th. Prloilog .. Dd D .. ££E1tGUOO or th~ Htm~-lIr. Death-T~i~YJrtal Wlii

to Perpeiii££~ br, M.m~~,,- Putor uyUi ....... IJalt­&e". 111_ ... i'_k~Y0±y and u_iger MIII2'io,Gi,JHt to thy NaUck Indlaoe-OrpDlsaUOD or tb. Congregational Cburcb 10 tb. Oentra 01 the Totnl-8ketcb .. 01 Ita Pu­['JrATh. Ba£,iiGi, Ob"..,b ~ UE,io lII"b£~t£2iiY Bplecopai 4:u~Gi&"-8t Tplecopak £it,emb-Th. Oath'i~

£JE",rcb_uRtii Tnllarlan iiYlot 011,,*,,2,~Th. Jobtl Eliot ObllrCb-Tha Unl,e .. lhII Obu..,b.

GHAPTt£H XL. NATlTT-(OmtiJiUAC). • • to£.6

BDl'C.lTJO.U: 8cboo .... LlbrarI_M_lllltltute-COI .. p and UDhenl&7 Booo ...

CHAPTl;;TII XLI. NATICK-(amnn4£uC) ••••••••

I1I8CAL ..... OU.: Pop"latloD-Water Departm ... t-l'lre De­partm.~t-N .. ilck a .. Llght Compaoy-Natlo" B1ectrlo 4:5E04n§.Giny-NiiC2JRt N .. llonal U.iiJ .. -MatE4,Rt Ti"e.a.nu

Dao .. ~UJiil"7 Wlliiioii OpeI'llU0) RtiiG"-POII, om_-M .. nllr.c&llre .. -80ath NaUc" Buln ... -Oemeter­I. - Lewy ... - Pb,mclane-Bsp.- IJompaDl.-ooaI, Wood, .tc.-Tbe P_Blograpbical.

HHAPTOX XLIJ. TOWN81:N1) •• • .••• M9

CHXHOER Xo£,F:H. LUU.INGTOU 60t$.

Topograpby aod Seeo • ..,..

tiHAPTOX XXxIV, W itiiiiUN-( ttH4illtuld) •

CHAPTER XLIV. 498 LTUINOTOu" ( OmtiftHtA}) . 60t

Blograpblcal; OIylIlIl8Iol"7'

,

• CONTENTS .

CHAPTER XLV. CHAP'l'ER LIV. LExINoTON-(Gbttli"tItd) • • • • •• ••••• 615 CARLISLE.

KIIII • .., alllOl7.

CHAPTER XLVI. LEXINOTON-(OortMual) •••••••

Kdaca&lou-8cbocU &lid L1bru1 ...

OHAPTER XLVII. LEXINOTON-( o,ntm-.li . • . . . • .

Jrcc ...... 1 AIfaI...,:...c)harda., Saada7-8chooll &lid Bea ... oIeDt OrpaIIllllonL

CHAPTER XLVIII.

CHAPTER LV. 621 DuH8'l'ABLB.

623

Pr.eat CoadltiOD of Qa_ Towa - TuIJOlftllh7-B ....... laler ....

. CHAPTER LVL .

DuN8'l'ABLB-( Cbnci,,-.I) • • . • • • • OrJcIa &lid ...... 71JeU1_'-'IH3-ITI3.

CHAPTER LVII.'

708

736

738

LEXINOTON-( OmIm-.l) • • • • • • • • • £30 DUN8'l'ABJ.B-(Cbnti,,-.I).. • • • • • 742 ContlD ..... Atteclra Irom the I adllula-ONWU. of th_ TOWD-

OHAPTER XLIX. Ohare .. &lid School AIfaI ....... lTlS-lT08.

STOw ••••• 637 OHAPTER LVIn.

OHAPTER L. BURLINGTON. • • • • • • • •

I>uH8'l'ABLK-( OmIin-.l) • • • • • • : . • • • • 751 668 Tb. To .. u Be..-uted ID tb. AIIW'k.... BeYolatlou-

latnMlactioa. lWacaUoaal, Bellclo" aad oIIaer AIfaI_lT18-18lO.

CHAPTER LI. . CHAPTER·LIX.

BURTolNGTON- -( Q,nti,,-.I). • • • . • • • • . • • 665 01911 HIIIor7. DUN8'l'ADLB-(o,ntin-.l) ••••••••••••

Ohareb lkecIed-8aId .... ID tbe War of the 8ebeI1k..-Dua. liable Ooraet Baad I'onned-N ....... Actoa aad JIoItoa JIaIlroad Opeaed-Bl.(]eDteDalal OeJebraUo_1821-18lO.

CHAPTER LII. BURLIlIGTON-( Gbntita-.l). • • • . • • . . • • . 676

......... aallllltor7. CHAPTER LX.

71)7

CHAPTER LIII. DUHSTABLB-( 0mtimIed) • Jllapapblcal.

• •.••• 762 SUUBORN •• •••••• 880

•

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GENERAL

OHAPl'EB L

MIDDLIlBEX COUNTY.

BY WILLIAM: T. DAVIS.

THOUGH it may be aaaumed that the reader is fam­iliar with the history of the eettlement of MlIII&Cha-88tta Colony, it may be well to h .. tily recountits chief incidenta occurring before the incorporation of thJ county which includee a part of its territory.

On the ·20th of April, 1606, King J amee _ued let­ten-patent dividing a .8trip of land one hundred milee wide along the Atlantic coaat of North America, ex­tending from the thirty-fourth to the forty-fifth de­gree of north latitude, between two companiee, gener­ally called the Southern and Northern Virginia Com­pani.. Thi8 territory W88 known 88 Virginia, 80

called after Queen Elizabeth. The Southern Company was compo88d of knights, gentlemen, merchants and adventurers of London, and w .. granted all the lande between the thirty-fourth and forty-6nt degreee; while the Northern Company, comp088dofpenon8 of the same deecription, w .. granted the lande between the thirty-elghth and forty-6fth degreee. That por­tion lying between the thirty-eighth and forty-fifth which w.. included in both grants ".. open·to the company 6nt occupying it; and it W81. 8t1pulated that neither ~mpan1 8hould Bettie within. one hun­dred milee of any previoUB 88Wement of the other company. On the 3d of November, 1620, Sir Ferdi­nand Gorgee and hi8 UIOclatee, the memben of the Northern Virginia Company. received a new patent. which paI88d the 88&1 on the 3d of the following July under the title of "The council eetabliahed u PlymOJlth, in the county of Devon, for the planting, ordering, ruling and governing of New ,Engl&Jld in America." Under thiB patent the company W88 au­thorized to hold territory utending from 8ea to 8ea and in breadth from the fortieth to the' forty-eighth degfee of DOrth lilotitude; and to make lawe, appoiDt gov8rnonand other ofBcen and generally to eetab-· liBh all tleceeu.ry forme of government.' "

The motive in8piring the _ue of this Dew patent 888ID8 to haTe been' to 8how epecial favon to this com­

A

HISTORY.

pany and to inflict thereby a 8Ught OD the Southern Company. The King had for lOme re&8On fallen out with Sir Edwin Sand)'B the governor and treaaurer of the Southern Company, and forebade hiB re-election. The Earl of Southampton, the 8UCC8l8Or of Sir Ed­win, W8I equally obnoxiou8 to the King, and the new charter of the Northern Company W88 the COD88-quenC8. The new patent included all the terri­tory between Central New Jerae1 and the Gulf of &. Lawrence on the Atlantic coaat and the north­ern part of California. Oregon and nearly all of Waahington on the Pacific, with a line running through Lake Superior for ita Dorthern boundary and one through Penn8ylvania, Ohio, Indiana and llJinois for its 8Outhern. '

The colony 88Wing at Plymouth in 1620 had re­ceived a patent from the Southern Company author­izinlf a 88ttlement within their territory at 80me point lOuth of New York harbor; bu~ finding them88lvee outside of the juriBdiction of the oompany from whom they had received their patent, theY88nt by the .. May­flowftl'," OD her return, for a patent from the Northern Oompany. The Northern Oompany, under its new charter, oonBequently _ued a patent, under date of June 1, 1621, to John Pierce and hie uaociatee in truet for the Plymouth ColoDY. ThiB patent W88

brought to Plymouth in 1621 in the8hip" Fortune," and iB preeerved io Pilgrim Han in that town. It iB en­gl'OI8ed .on parchment and bean the 8ignaturee of the Duke of Lenox, the Marquis of Hamilton, the Earl of Warwick, Lord Shef&eld and Sir Ferdinand Gor­gee. 'Another 8ignatare iB illegible, which may be that; of either Thomaa, Earl of' Arundel, or the Mar­quiB of Buckingham. ThiB ia the oldeet Btate paper in New England. , , On the 80th of December, 1622, the Northern Com­pany, which, for coDvenience, may be aWl 80 called, notwithetandiug its new charter and chsnge of title, granted to Robert Gorgee all that part of the main land" commonly called or known by the name of the Mell8&chUBitkk" dtuated .. upon the northeut Bide of the Bay called or known by the uameof the H8IIII&Chu­eett."'ThiB included the 8hore "for ten English milee towards the northeut and thirty EagliBh ,miJee unto the main land through all the breadth afore-

i

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ii HISTORY OF MIDDLESEX COUNTY, MASSAOHUSETTS.

"'d," witli all the riven, island., etc. This grant in­cluded a part of Middlesex County. Up to this date the only white men known to have visited this local· ity were John Smith, the navigator, who visited it in 1614, and a party of ten members of the Plymouth Colony who came by water from Plymouth on an ex. pedition, partly to trade and partly to conclude peace with the Muaachuaetta Indiana. It i, probable that on this expedition Point Allerton and the BreWlters, at the entrance of Boston harbor. received their names from, Isaac Allerton and William Brewster, two of the II Mayllower" Pilgrims.

John Smith. after his expedition to Virginia in 1606, in the service of the Southern Virginia Com­pany aDd aome years connection with the Virginia colony, returned to England, and in 1614 sailed with two ships under the auspices of English adventurel'll " to take whales and alao to make trials of a mine of gold and coPper!' He anchored his veaaela near the mouth of the Penobscot River and sailed with eight men in a shallop along the coast as tar as Cape Cod, giving the name of New England to the country and .. drawing a map from point to point. isle to' isle. and harbor to harbor, with the aoundingl, aanda, rocb and landmark .. •• After his return to England Prince Charles, afterwards Charles the First, attached names to many places on the cout u indicated on the map, of which only Plymouth. Charles River. named alter himself. and Cape Anne. named after his mother. Anne of Denmark. still adhere to the localiti. then designated. Among the many other names affixed, to the map by Prince Charles were Cap" James for Cape Cod. Milford Haven for Provincetown Harbor. Stu­ard's Bay for Barnstable Bay. Point George for Branches Point, Oxford for Marshfield. London for Cohuaet. Cheviot Hills for the Blue Hms, Taibot's Bay for Gloucester Harbor, and Dartmouth, Sandwich and Cambridge for places nE'lU' Portland. It is pOl8i~ ble that besides .J ohn Smith and the Pilgrim party, De Monts, with Champlain, may have alao :visited this locality in 1604.

Robert Gorgee, having received' the grant above­mentioned, in 1622, wu appointed by the PJymouth Council in 1628 Lieutenant-General of New England, and arrived in Muaachuaetts Bay in September of tbat year, with what are described in the record u ~I puaengers and families!' At the end of a year, ·after futile eft'orts to establish his colony. he returned to England, and -' his death, which '8OOn after oc­

'curred. his brother Joha, to whom his rights had de­scended. leued a portion of his grant to John Old-ham and John Dorrill. This lease included II all the Jands within the Muaachuaetts Bay between Charles River and Abouaett (DOW Saugus River) containing in length by straight line be miles up the Charles River Into the main land northweat from the bord"r of said bay, including all creek. and points by the way ; and three miles in length from the mouth of the aforeaaid river Abouaett np into the main land,

upon a straight ,lne BOUthWelL, including all creeks and points: and all the land in breadth and length between the foreaaid rivers, with all prerogatives. royal mines excepted.

In the mean time the same territory which had been granted to Robert Gorges had been granted. with other lands. to the Muaachuaetts Company. By this grant, dated March 19,1627-28, the Plymouth Council iaaued a patent to Sir John RoBwell, Sir John Young, Thomas Southcoat, John Humphrey. John Endicott. and Simon Whitcomb covering a territory ell:tending from three miles north of the Merrimac River to three miles aouth of the Charles River. The following ill the text of the letters-patent iaaued March 4. 1628-29 :

II Oharlel B, The Qrue of God KID" or .... Dd. 800&1.nd. I'raIlDC8 IIIId IreIaDd. Del.DoIor of the ....,tb eta, To AU to whome tb_ ...... Dta .... 11 GOlDe Oa.tlD,. Wh_ ollr IDCII&dean .Dd l'O,all fatber XID", J_ ... ofbleaecl ....uII'J. b, hili R"b_ letten pateDII beanlD, .date '" W .... 1JIIIter the thlnl da7 or NO.ember ID the el,bteeath ,eere of bill nip .. bath .. _ ..... mDDted IIDto the CouDcell _11 ......... t

. PI,_lItb. ID the 001111'1 of De.08. Cor the plaDtlDr. rallD,. orderiDa .Dd COYerulD, of H ••• BDalaDd ID America, ... d to their ... _n ..... --a- Cor eYer; ,,"U that parte of A .......... l,elDa ..... belna ID bredth fro .. fOI17 .sec- of Dorther., latitude from the equlDoc&laIl I,De to ron, ....... t darn- of the "de Dorther., IatItDde lacl ...... I' •

...... ID I-Ph of ..... wlthlD all the tw.dth atonald throUCbout th. _DelaDd .. from _ to -. topther .. with .11 lb. IInne I ....... 1071 ... grollDd .......... portee, rI ...... ten, 1IIb.,. mJD881111d 1II1D-anll .. u well ro,..1 m,D .. of paid ..... 111\'81' _ other m,_ .nd "'1Denlll, preoIoua -nee, q1lAl'l'lel1llld alllllld ....... Iar other oumocll· tI ... JllrlldlOOO" ro,..u.., prl.II ....... fruIob ........ d pnb",DeD-. boCh WltblD the aid trao& of ...... UPOD thti lDA1ulIDd .. wlthlD the .......... ..... _ MIIolDlIIC; ProYldecl ... .,.. That the laid ......... or ..., the pnm_ b, the aid letten ........ IDteDded ... d _Dt to be mUDted were DOt thea actuaIl .. p-.l 01' IDheblted .". ... , other <IlrIItI&D PrlDC8 or 8taIe DOW .lthlD the bou ..... , IJlDlua or terrltort.. of the 80uthenMI Clolo.., thn ...,.. pauat'" .". our ..... deere filther. to be plaDted II, dl .... of hlllloyla, IDbieota la the _th parta To a.YeIllld to boulde, ~.Dd nlo7 .. I IUld "Dplar the ~Id COaUDeD&, Iaa ..... tenttorl ............ beredl-.Dta IIIId pncI_ ..... ...... 1IIberJa. with .. I aDd all _a ...... their oomodlU ... ro,.IU ... Ilbert1 ... pnllem,_lIDd pIplItta tha& mould from thncefortb .... from tb.Dce, with aIlllDd "Dplar their appart._1IIId eYe", parte .Dd parcell thenol nato the .Ide OouaceU ..... their _ ..... ... p .. fore.er, To th .... aDd proper -. beDelltt.Dd behoof. of them the eoIde ODucellaDd tbeIr _ r.ad ....... ron....: To be hoaldea of oar ..... _ deere .Dd l'OJaIl tatbor. hilt b ....... nd me-_n uof bill __ of "'-1I •• lob, la Ibe CoUal, of XeDt ID m. IIDd COIIIOII 8occap, IIDd Dot I. capite DOr.". KDI,hta Mr\'Ice. y .. ldl ......... ...,llIa tIt .... r..N to tI •• eoIde late KID", III. b.l_ .. lid ...-n. tbe IIfte parte or tit. OlIN of .... Id ..... allYer wbl". Mould. from tJIII ... ' '1- IIDd '" .. I tJIII" there after. -b.p.... to be tou .... rotte ....... 8IId obta,.... ID, att or wlthl. 811, of the ..... Iandea, 1,..11", tenttorlea ..... pncI_. or, ID 01' within lUI, parte or paraell th.nof, rOl' or ID ...,... of .lIlU1d .. I _aer of dutl ........ lIa ........ aenl_ wbalaoe\'8l' to be do .. awIe or pal'" to our eoIde .... father. the late KID", ble beiNUnd 1II_n, _ III IIIId h, the ..... letten patnt (UDODpet .uDdrle oth.rcle-. pow-, prt .. I ..... 1IIId lIftu .... therein OOlite' .... ) more at ....... .."..,.... A.d wher.. th ...... Clo.Dcell eeteblIIb... at P.,aaouth. I. the Clou.'1 or De_. for the pleDUD", 'rail ... 4mlerln, .Dd coyerDIDa or N ... BD,I ..... ln America, b ... .". their ....... ID ... Dted ..... r their como ..... beuiDlclate tti. .., ...... th da7 of Karch lut put I. the tblrd ' .... or our nI ..... «IYeD, paUDtecl, barpI ..... IODI.... ..feoII'ed, ......... IIIId _II ....... 10 81r R....., ..... 1 .. Blr JobD TODD, K ... b .... Th_ Southoott, JobD B.mph..,.. Job ... deooU ud 8,._a Wbe&oom .... their b ..... IIIId _ IOOIat. tor eYer. All tha& parte of N_ellDalaDd ID A-"a aton.Jd .blcb I,... •• d· 0 ...... bet ... D •• pwte rI\'8I' there _DIIe call ... Ko. __ .... Ilerrlemaok IIIId • oerteD other rI\'8I' there caU ... 0harI .. rI .......... a In the botcome of • certaJIIe beJ theN _DI, called __ h-atlt .... IlattIIob_* ..... ~ beJ.1IDd allo all ADd lIaplar u.c.e ........ 1IIId hered~ .............. I'ID' wftb.

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MIDDLESEX COUNTY. iii --------- -------------_._----.,.-------_.«--------------

In til ... of tllree lIacU* mil. OD &he _til pMt. 01 til ... Chul.,b .... or of ... y or •• ul. pane tII.NOf, ADel aI80 all .a4 II ..... • tar til ......... Del heredla-tawhalBoe •• 11.1 ...... d beln& within UIe ..,..,. of three ....... .,_ to the_th".rde ofth._"'-oI&pane of u.. .. ba,ycal1ed x-h_&I8.II •• a&&aehllllHtaal .... _t_ .. bal : l1li4 Yo all th.,.. 1aDd •• Del heredllameDlI whalBoe ... which 1" l1li4 he wltIIln th ... of &hree ......... 1D7- &0 &h. -0. ...... 01 the ... rb.r aalled XODO_1t aI ..... 1'I'JIIIACIt, on to &h. north ...... 01 "" .Del •• ..., parle th .... f' And all ...... l1li4 heredl&ameD .. wbatao­e .. 1,1 ... within UIe IJIIIIU. at-'cIe, north and _th. la lal;ltude l1li4 bredth. and I. Jeqth aDel 10qltDele, of ... 4 w"laln all the bredth af-'de tbroqbont th • ....,ne ....... th ..... flGlD th. AtllDtlok and w ..... _ .DeI_ 0" the .. parte, to th, IOUth _ on th. ,... pane. l1li4 alllaDdeI and crouDel.,,...11114 II'-. 101-, woodee aDd wOod pouDel., "'-. poIfeI, rI .. n. walen, MI .... Del I ............ _nla, w"''''''"". 1,e1a& wlthla th. _4 booacl. aM I1mltla l1li4 e .. li. parte l1li4 paroell th_r; ADeI &leo all .... Del. 11IIn.ln A ...... 1ea .f~ In.tll _ or "ther 01 themqn the WeMenle or ......,.. ___ or.,.n. of th .... Ind. 01 Jande hI UIe .tde Indenture, m.ncoed &0 he .... a, paDnled. barplaed. -14, .af ..... aliened l1li4 CODllnned OI'aDl,otth ... , AacI .... all ml ...... Del 1D7_ .. I ..... w,u ropD 1D7- of .... 1d ancI .. I.er AI oth., mln .. aDel ml ....... 18 wbat-_.er la th .... l.ncIM .n4 ............ or aDl parte theNOt: ADeI all Jarlecll_ ... 'rIpla, roJaitl.., JlheitJ .. fnedom .. JIIImonlu.., prlyJ. I ....... franch .... preb.m.nl_ ancI conlOdl&lee whelloe .. r which &her. th. .. 00tI"";'1I. eetahl....... at PI1DlO1lth. I. &be Ooua" 01 •• 00. for th. plaoUnc. rol.ln •• ordenlnl .Del 10"""'1 ... 01 N_e ...... nd In Am.lica, then bad or ml,b& ... u ........ or 010,. In and within th. _d ...... _ pnm ... bl &h. _d. IDeI.n&nre _ncoecI to he ".0. ponied, barplned. lOulcI, "nr .... ed .ad conll""" or In or "I&hln ..,. parte or paroeJllbereof. To ..... _ to. hoold til. Ed. pane of N,,,. Enll.DeI In Am.rI-, whleb 11M aDel uta ... and • abaUDd .. ar-tcle, .nd e"..., pane .DeI parcell tIIenot; ADel all th. _de Wand-, Ii ...... portal, "'''111, waten, Min.., m,._ .DeI min-enlt.,Juriecllcoona, I'n.nch ..... roplu., Jlhe",", prI.lI ...... ct>modl tI .. heredl&em ... II ... d prem ..... whelloeYer with the .pparteaanc. unto th ... Id Btt H.nl)' --,..11, Blr John Youn ... Tb_ Boathco&&, John Huml're7. Job.. BndeooU l1li4 BIllIOn WbaklOnlhe, &h.I, .... _ .nd "'In ... nd th"r ..,.,. ... to til. oall. proper .nd ...... "1. _ .nd I .. boor. 01 th, _d Blr nenl7 ~weIl. 81r John YOIIn ... Th_ 8ou&l.....u, John l'umh,. John EncIeco&t a.uI B,mon WIHIt&ecomhe, &I.olr h .... l1li4 _I~ aDcl thel. ~ rD •••• rmore. To he Bouldea of .... oor hel .. an4 ..a-.n. AI 0( OU. _lInor of ... • _n.wleb In the OotIn" of Kent, IIi .... and comon -... and not In c:ap\te, nor bl Knl,ld .. MrYIce, ,.elldln.1III4 paJeinl &I.ent_ oto .... our ...... and -n. the liRe pane 01 th. _ of puld l1li4 III ... wbleb IhaII, from &,.m. to &,._l1li4 all &,._ hereafter. happen to he· fOun .... lOtto. had IIIICI obta7Dec1I" an,. 0' th ... Id. 1l1li4. with­la th. _d. IJmltta or In or withIn aDl,.ne thereof. r ... l1li4 la __ f'eooD 01 all man ...... 4ntlea, 4 __ IIIICI _._ whelloe ••• &0 he

donn ........ or paid to .... onr bel .. or _n, .. In IIIICI II,. the .tile recld ... Indentare more" Jarp mal, ap.-re. Non know. ,... &hN w.., " the bumblnalta .acI pe&Icon 0' tb .... 4 Bt. Heal7 ~ .eli. Blr Jebn Youn ... Tho_ Boathoot&, John BulllfN,. John Knell­coI& aDel Bbnon WI.etcomhe and of otbere wh_ ther ba.. .-cI&&ecI aato &helD, Ha .. for til ... pod _ and cu .... d._AI DI 1IIO .. lnl •. panled and oonllrmed. An4 b, &laM prMIn", of oar own ...,.ctallar­-'en Itnowleclp Dn4 ..... _ooon. doe INDn& _ CODII~ unto th. .tde Bt. Benl7 --,..11, SIr Jobn Youn ... Thomu BoutbouU, Jobn Jla_l're7. Joba Encleco&t and BIJDon W~be. l1li4 &0 their ...... bereafter na ...... [Yl4elIoMJ Sir JUchard. BaI&o .... 11 Knlpt, ~ Job_n. Bam .... Aldene,.. Jobn V.n, Xath.w Oradoclt. Oeo... JIu. wood, 1_ Nowell, BIcbanl hrI)'.lIlollard BelJ1nlham. Natbanlell Wlip" BamneU V .... I. TheofbUDI JWon, TIloaIM Golfe, Th_ Ad ...... Job. Brow .... BamueU Browa .. Th_ Dulahl .... wUUun V .... I. WIlIJaIIl PlneheoD .nd Georp lroaorofte, th.1r bel .. an4 _ ...... all th ... pane or K_ .In",acI In America, l,eI ... _u· taDellal ....... UIe bouncIM .nd 1,._1&18 In the _d realted Inden&nre .~ and all lao_ l1li4 pouDel.., pi.- .Del.".., 10,.1 .. woodee aDcl1NGd pou.... ha ..... """" rI .... wa&en, mJDM. mlneralll, "JnrIIdIocoDe, rIP ... roJaItIea, ilbeltl.. 1reecIom... l_muIUal. prt.l. I ...... fnDcb ..... pre .... l--. haredl .... all l1li4 comodIU. what-__ &0 &hem, the .tde Btr Senl)' --,..11, str lobn Younp, Tbomu 8oatboott, lobn BDlllfrel. Jobn ~ .DeI Bt_a Wk. -he, u..tr h ...... ancI .... an- .DeI to th'" ___ .., til • .tde "naitedlDdeD&an ...... INDnled, barpJnecI, IOld, .DfIotIecI, aIJoecI· . .

l1li4 OODllrmed or •• ncoecI or la&ended tberebJ to be .... n. JP'DIIaled, ......,. ..... 1014, enr .. « .... alIened .... oonllrmecl. To haft _ to honI4 th .... pane of N_. JDnllaaclln AmerIaa aDcl other UIe premo ..... hereb7 --a to be INDnted and _1Inned, and •• 11)' pane.DeI ...-II thereof with th. apporte_ to th • .tIl Btr Henl7 __ w.11, SIr Johu Yona"" Bt. Blchard Saltonetall, Thom. bthco&&, Jolin Hwnl're7.Joha KndecoU, 81_ WIIetcomhe, ~ Jobnaon, Bamnell AIdMw7. lobn V.n. Xathew. CndooIt, Qeorp D.rwood, 1_ Kowell. lIlobard 1'11)'. BIobard BeIJl ... ham, NathaDlell wript, Bam· nell V..aII. TlleopbllAl .&on. ThomM 00« •• Th_u A ....... Jobu Bro ...... llamaell Brow .... Thomu HuliDhl.., William V-'I, Will ..... " PI_eon ancI Qeorp "l'oxcroRe, Ulel. h_l_ and MIIIp .. rore.. to their 01111. propeI'.DeI ...,Inta __ hehcof. for __ • To be boIdo 01 ... our b.it .. and _ .. ofour _DO. or ........ _ wloh alore.J4 In .... an4 _n -.. l1li4 DOIla eoopIta .. b,. knlplllO"lca, and .... )'.Ildl., and ..,.In. therefore to .... our b" .. l1li4 _no the IIftb pane oaUe of all _ 01 puJd .... ell.er whlcb from .,. .... to &Jme aDel ." all &JmM b-eta. malhe tb ... pttea. had or obte,. ..... tor all 1O"'1eee, ."IICODI •• uI demaunclll wb ....... r MCOnI-In. &0 th. taaure.nd .-modon In the MId reelledladentureei~ ADel .... rther Itnow. ,._ T .... & 01 oar _ore eepecJaIJ II'aCII, corten kDOWI· ed, aDd meeN moco. W_ b... .. .. n aDd If&Ualed, And b,. tb •• prMInill doe (or .... oar h .... aad -... ..... DeI pna& nnto lbe ..Id H.nl7 ___ ell. Btr John YODn ... Sir BlchardSallollltall. Thomu 8oathoot&, Joha HUDltn.,.. John BDdect>&t, B,mon Whetcomhe, I_ok JobDlOn. Bamnell Ald • ...,.. John V.n, llaUaewe CredooIt, Oeorp S­wood. 1_ 'lfo,..lI. Rlcbard ""17. JUoIIard BlOln ....... Nathanl.U Wrialit, Bam .... 1 V-'I, TbeophllUl ... n, Tbo_. 00II' .. Th_ A ........ Joh. Brown .. Samo.1I Browne. Th_ Hatch ... Will ..... V..aII. Will .... Plnch .. a and Oeorp I'ozorofte, theIr belrae and _ IIpee, All that pIirte 01 N.,.. ...... n4 In America wblob 11M .DeI u· tend. between. a areat Ii.., th.re _lie _led MOIlCIIIIUIt rI •• r aI ... lIenl_1t Ii_ l1li4 • -wn oth •• Ii .... there called CbariM lIl .. r. belal In til. boItome 01 a conen ba,y. &bere _nil. called __ b-'ll aI .. XaUaobDllflll aI ... x-t...u. ba,y: ADeI .... all th_ IaDdeI.DeI beredltamen_ whelloe •• r whleb 11. and be within UIe IJ*lI 01 three .... 11eII 81,_ &0 th. northward of th • ..ade Ii .. r called Ilo-..ack aI .... tIftJ1MOIt. or to th. norward of ..,. and '.11)'

pane thereof .... d .lIlaade and berecllluDMl"wliallonerl,.elal within &be l,.ml_ aforeIeIde lIortb and _th In latitude and bredth and In I.neth .nd lon"lad. 01 end wlthla .11 the bredth ......... &h""""011& the ....,11. lencIM &I •• re trom &he A&Jantlclt l1li4 WeMenIe _ l1li4 ._. o. th. eu& pane to the _th _ on the wilt pane; ADeI all leDel. l1li4 IrODa ..... pIMe l1li4 p'--, 10,.1 .. woodaI.nd wood pouncl-, h.Ye .... port4I, rIYen, waf_ ancI bendllamoll wllalloeftr 1,ln. wltlal. &he I&Id booDclMan411mltll, and "..., pane ancI parcell &beNOr •• nd .... allleJand. In America at-'deln th • .til _ or either of &hem on th. WeMenIe or ...... l'OMteIor pane 01 the .. tnota of JancIee "-b, _encoecI to he ...... l1li4 punted 0.'07 of th.., l1li4 all 1D7-_ .,.....u. whelloe .. r In &be _d laadu ancI..-..... or aDJ pane . thereof.Del .... Ilbert1e 01 ..... 181 In or within..,. th. ri .... 0. wa&en within the boo ... and \JmJlla aforeIeI4 .DeI th. _ Ulerennto ad • Iolnln.: An4 .IIM .. ropl ....... whal-, belan. 1&u.....,_11114 oth •• 1leb0i 01 what kllllle or Datnre _ •• that .... 11 " ..,. &J- bereafter he taken In or wltIIln the .. _ or wa&Ire or aDJ of &hem .., th ... SIr Henl7 "'w.11, Btr John YOUIIP. Btr Rlobard SalIoMtalI. Thomu Bouthoot&, Jobn HIIIIlI're7. John JDndeco&&, Bt_n Whetcomhe, I_It lob_n. Bam .... AJderM,. John Vea. lIaUa.weCndoolr, Oeorp JIu. wood, la_ Noell, JUobanl Pet'J. lIlobard Bell1apam, NatbanleJl Wriaht, 8amueI1 V-'J, ~eophe\_ Baton, on-. 00..... ~ Adami, Joha Browne, Bam_I ·Bro ..... Tho_ Bnlch .... Will .... V .... I. Will .... Plnobeon aDcl Geerp hxarofte, tIMIr hIiree l1li4 .... 18 .. 01' b,..,. other penon or.,..... wb ...... u... Inbabltl ... .., th.m or ..,. of them to he 'appoialed to 1IIIa. therein, Pro.\ded aIWD,JII &bat,.r the .til Iaad-, t.Iandu ... ..,. ou..r th. ~ boreID befon _ncoecIlIII4 hJ th'" p.-nta In ........ and _& to he INDnled ... at th. &Jme of th.·pnnUnl 01 UIe .tde f_ lat&ere pI&eDII dated UIe third ..." 01 No._her In the ......... th ,._ of oar .til a.... Wh .. nl&DI atoreoeld u&uaII7 II-' or Inbahlled hJ aDJoth.Obrflllaa PrI_orBtate, or were wlWn th •• bouDder, I1I11,YUa or terrItorIeI 01 that _thern ooIoDJ &hen beI_ INDnled .., II1II' .til Ja&e Wher, to he plaoled .., dl_ of hili 10 ..... IIIIdeaIIln &he _th .,.n. or A-s.., ft'" then th ....... & JIl'&1IDt IhaIJ DOt u&encl to aDJ"..aa .,.n. or paroellll UIereoI _ formerIJ Inbablted or I,."nl within th. boDD4ee 01 the eontb_ plao'-n .. atore.JcIe, bat .. to ~ .,.n. or ...".1111 _ ~ ... IDbahlted bl ROb Cbriltiaa

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iy HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

Prl_ orBtata or bela, wlthltl &h. boaaden af-sd ..... be au.r17 YOJd. th"r ....... or ADJ lbl ... th..a. oo.leJDed to th. ooatavle aotwfthetaadl.... To Ba .. aad to bOllld. ~ aad -OJ tbe IaIde ~ of N ... Ba,lead la AmerIc& wblch 17 .. alaad aad aN abattad .. .,......de and eyUJ parte and parcell tberof; Aad .. I the "laDdeI, rI_. port., ba .............. 1IIIh1 .... 1IIIh ... mJlllllt a1Dor11l", Juri .. -dlGCODl, fraDcb .... I'OJDlu.,lIberttat, prI.11adi-. --Utili aad prtIID-

... wballOe .... with th.llpJlUrta_.aato th • .Id 8Ir Bart ...... well, 81r JobD you .... 81r BIcbard BIIltoDllall, TbomM Boathoott,Joba HalDlIe:t. JobD Bad-'&, 81moa Wbetoombe. 1_" JobDlOD ....... n AI~. Joba V.a, Matb ... Cradock, Gaorp H.rwood. I_ NoweU, RIchard Perry. RIchard BelUqbam. Natbaallll WrJpt, Bam­.. I V~I. Tbeophlla. Betoa, Tbomu GolF .. Tho_ -Ade.., Joba BrowD" llama.1I Brow.,., Thomu Halcho ... William V~I. Wllliem Placbeoa .. d Gaorp I'oltOl'On, th.lr h.l,.. __ pal '_nr to th. oalle proper aad aiIIOlata _ .DeI behoo'e of th. eaId Blr H.DI'J R.ewell. 8Ir Joba r oua ... Blr Blobard BIIltaDllalI. Tbo_ Boatboott, Joba Hamphre:t. Joha BDdeoott, BllDOa Wbntcombe. :r- Job_a. Bam .. II.AI ....... '. Joba Vea. Matb ... Cradoc .... G..,.... H.rwood, la. c,... No_II. Rlcbard P.r,. RIchard Belllasham, Natbaalell WrJpt. 81 .... V~I, TlleopbUue •• oa. Tho_ Goll'e. Tbomu Adami, Joba Browa .. Bamuoll Brow ... Tbomu HalGb .... William V ...... WUu.. Placbeoa aad Georp I'ouroft, tbelr b ....... d- _,_ ror. .. rmon. To be holdeD 0'", our b ..... aad 18_" ., oar _.oor of JIIu&-...... wfeb. la oar ODaatie of Xellt, wltbl. oar nalm. of ..... Dd, la I,.. aDd COIaoa _ ... aad DOt ID capite aor b, Xalibt ........ 08; aDd "10 ,..ldl.,aDd pIJ"DI' tbenlGn to 01, our b.lr. aad _ th. lIrt. parte 081 .. ., all oanof .. uld .ad IIlver wblebll'om lJIDtItotJ ... aad at .. I tlmII b • ....n.r .... rJbe tben &oIlea. bad or obte:tDed 'or .. 1 ............ lIlIOOODI aDd 0-0 ...... wba .......... ProYJded ....... aad oar uP- wlllaad m .... a'. "That oall. o_lIfte part. of the paid .ad III .. r oan abonmeaooed ID the whole aDd Doe mon be .... "ed or pe,..bla u.1o ... oar b .. ,.. .. d _ b, colloar or ..no. 0' tb"r .... alL 'lb. doable .... rftOODi or recital. "o,...d or aOJ thla .. berelD ooa&eJDed DOtwltbetaadlD,. ADd fo_acb .. the IOOd : aad proeperoDl ea_ of the pl.atacoa of th • .w. partee of Ne .. Bn,Iead .'ONIr.ide lataaded b, tb. IeId Bir H.art "'well,81r Jub. YoaD", 81r BIchard 8aItoDllaU. Thomu Southoott, Joba Hampbre:t. Joba BDdeoot&.8I1DOD Wh.toombe, lllack Job_a, ....... 1 AIdene:t. Joha V.a. X.th.w. Oradoclr. Gaorp Rarwood.la_ Boell. BIoluJrd ' Perr:t. Blchard BeIl'D&bam. N.lb .. leU Wrltrbt, "" ... 1 V~. Th .. : ophll .. Betoa, Tho_ CJoII'e, Tbomu Ade.., Joba ltrowD •• Ilamallli : BrowD" TbolDU Batcb.... William V_II. WIUIam Placbaoa _ Oeorp I'oxcrofte 10 be epaedll7 .t apoa. _Dot bat cblell7 deJlllld aat aDder the bl"'D, of A lml,btle God and th. npport vi oar roJal • athorltr. apoa- th. IOOd ... _at of tb._ .. To th. eade that th. a« .. r-. baJllla_ whleb II'om lJm. to tJDIe IhaII bappea _ arIIe coaceralall: the I&Id Iaad. and -the plaatatloD of tb •• m ...... be the beUer.........,t and orde...... W .. ba .. "'rtb.r. bereb,. of OIIreepeolall. ...-,certe. kaowledp aDd mean _a ....... arauated _ ooall""" .lad lor ... oar belr. aad _doe ............ t.ad ooallr.... aato th .... 48 traetae aad w.lbelo.ed nbJ .... 81r Heart __ .. II, Blr Joba Yoaa ... 8Ir Rlallanl Saltoallllll1. Thomu 8oathoott, Joba a_pbNJ., Joba BacI-tt, 81_ Whetcombe, :r-lr. Job_. 8Imoa Aid..,. i Joba V ... lI.th._ Oradock, Gaorp H_ood, I_. Nowell. IlIcb·­.rd Perf. Blcbanl Belllacb .... Natbaulell Wrllbt,""'" V ...... ft .. ; opbllua "too. Tho .... Ootr'. 'I'b_ Ada.., Joba Browaa, Samallll: Browae, Thom .. a."'b.... William V~I, WJlJIam P1acb_ aad Oeorp F"lIorotte: Aad lor ... O1Ir bel_ aad --.- _ wlll.ad: ordeJu That tbe .. de 8Ir a.Drt ..... 11, Blr Joba Yoaa,. 8Ir Blchard SaltoDllalI. Tb_ Boatlaoott, Joba Humpbn,. Joba BDdeoott, BJIDOD­Wh.-be, :r-k JobDlOa, Ilamu" AI ....... '. JobD Vea, Mathew.' 0radAIcII, Oeorp Jlarwood, 1_ Noell. RIchard Per:t. Rlebard Bell· la ..... NatbaDl.n WrJpt, Sama.1 V~I. ThaopbllDlIl&toD, Thomu OoIFe. Th_ Ada.., Joba Bro ...... Bam.e11 Brow ... Thom. Hulch· • ...; William V~I, William PlacbeoD aad OflOrp I'oxcrofte _ .. I nob otben ....... 1 benafter be adlDlUed aad made Ifte 0' the Cam· paa, aDd 8ooI.tJ h-ner meaooed ..... 1 froin tJ- to t:tme ..... at .. 1 lJm .. 'or eY.r beneft.r be b:t .erla. 0' ~ p .... a ..... lIod:t--porate _ poUtl .... la tIJc& aDd _ .. 1IJ tb ...... ot tb.Go,_ aDd Oompa.,. of th. Xattacb-a ... " I. N.w. Ba,laad: ADeI th_ b:t th. DUl. 0' th. Oo .. raor aad ODmpaa, 0' the llatteohuetta Be, la N.". Ba&laad. _ bodI. poIlt1qu aDd oorpora&e ta deede, ful& aad ...... W .. doe lor ... oar bel ... aDd _n ...... Old.,.., oDDIU· tata _ ooallnlle b, tbeI8 .... a .. aad that b7 that _ th., IhaII ba •• perpetaaU lJDCCIIIIoa, .lad that 1IJ th. __ • _. tbq _ their

_ .un _ ..... be ....... _ .lIIIbIed ... well. to Impl_

&lid to be •• pleeded, and to ..-ute, d_aad _ aa_re.ad be aaaawaand aDto 00 .. Iaad IID ... lar _It., --. q .......... and --. otwbM .. lad or u&un _ ..... Aad...., to ba ... ta .... .-. ..:quln .ad pare .... lUI)' I.ad-, taaam.ata or b ..... tameata or .D, &oudI or .batten ... ad tb. __ to lea ... arauat,d-.allea, 1IU'pJa .... 1 _ dJ..- 0'" otbar oar I .... peopl. 0' th .. oar naI .... ot .... 1ead or ADJ other ~ or bodJ' pollllqa. of tb. __ 81". lawfullie doe : .lad farther tbM tb. eaId Go ........ aad CampallJ •• ad th"r_n .... ba .. ,_ .... 0" ___ I .. to be '-' 10 .. I c._ and __

IIoae of th •• Jd Campau,. and the __ ~ ...... "ter. cbauap, lInaU aad ...,.. make lroa lJ- to lJ- at their .... r-. Aad our wlllllDd ~n'" .lad we do b.nb,. 'or ... oar bel,.. __ ... GIll.,. ... ad grIUIata Tbat 11'081 b.acel'ortb. lor ...... then lhalbe OD. Go ...... OD. DapalJ GOYarDor aad ..... taea ........ ata 0' the Rm. Campau, to be fnna ~,m. to lJIDtI eoaedtutad, .lecCed aad eb_a oat 01 th. rr-ea of th • .we "-paa, for tb. t,m. belal' 10 each _aer &IId,orme .. h-rter la lb ....... ata ... ~. Which IeId 0lil. __ 1haI1 appI.I. lit_I .. to take can 'or the .... d ..... DI' .. d or. derla, ot th ........ 1 baJIi- _ ... ,.. of. 'or aDd ooacenlD& th. laldelaadl _ pnm .... benb, _ac:oed to be araual .... _ th. plaa. tecioD th.,.,.,. aad the .... ram.at of Ih. -people Ih .... Aad lor lb. better as_ooa of OIIr ro," pi_no aad grIUIat 10 their behalf. w. dol, 1IJ thele ..... a ... 1or ... oar bel ... aad ~ BOIDlaaI •• or. de,a •• _k. _ ooae&itata oar w.lbeloN, th •• Id. Matb ... Orad • _II, to be th. Ant .......... t OoY_er 0' the eaId ODmpau, •• ad the eaId 'rh- 00Jre to be DepatJ Go,,_r of th • .w. ODmpau,. aDd th. .w Blr Blcbanl 8&1to1lllta1l. 1 __ Jeb_a, llama.n Aid .... '. Jeba Yea. Joba Ha.phnJ. Joba BadeooIt, 8I1DOD Whelicombe. 10_ Noell. BIcbanl PUJ. NatbaaI.U WrI,bt, Semun V~I. Thaophllue 1I&toD. Tbamu Adami, Th_ Halch_. Joba .rowa .. G..,.... I'ox. cnIfte. WIIIIUl V~ .ad Will ..... PlDcb_ to be the ..-at AIIII&­aDta otth .... ODmJIUIJ. to oo.tlaa. la th ... de ...... 1 om- re-1)IIICIl .. 1I.1or IIIcb lJ-.ad ID ncb __ • Ia .ad 1IJ thele pr.o •• ta .. b_fWo decJand .ad appoiated. .lad further w. will aad b, th ....... ata lor ... oar h ...... aad _ .... doe on!a:tD. and &nant. Tba& the Go.eraor of th .... Compaa,. 'or the lJme bel .... or. la b .. aIIIeDce,- b, occuloa of 1Ic1tD., or Olb_ .... th. DepaU. GOftl'DOr. 'or th. &Jme bel .... IhaII ban •• tborlU .. II'om lJIDtI to lJ-. apoa all occa-..... to ..... order 'or th. _bllal' of th •• 1_ CoIDpau, .ad call1al' th •• toptb.r to -'t .ad ad ... of th. baIIa_.ad ..... 1_ of lit. lei. ODmpaa,; Aad that th ... d Oo •• mor. n.paU. ao.-r aDd Aa-1Ietaa.. ot tb •• 1de ODmpaa,. 'or tb. t,_ bela .... hall or mal •• oace ... rt __ b. or ofteaer •• t tb .. rpl_ .... _ .... aad boulde.ad .. eepa a ODDrte or .lalDblle of tb .......... lor tb. Wtar arderIa,aad direct.­la, ., their ...... Aad that aD, _ ••• or moN panou 0' the A .... aa .. toptber with the Oo.eraor or Depatle ao..raor. __ bled. lhalbe ........ a. held aad npated to be ......... Ibe • fall .Dellllf. Idea. Ooarta or "-bl .. of tbe Rid. Compau,'or th. beadlla,. or­derID,.ad dllpatobiD' of .. 1 _, buJli __ aDd _ ..... ta .. lhall •

~ lJIDe, to t:tme b ...... toacldar or ooaceralar th • .w Oompau, or plaDtaooa, aad that thenlbaU or malll be b.ld aDd "ept b:t th. GOY'

emor or DepaUe Go ...... of tb • .w Compaa,. aDd _ .. a or ....... 0' tb.l&ld A .......... 'or th. lJm. belal', apoa ."UJ Jut WedD ... ,.I. BUiery. 1Uter. TrIallJ _ Mlcb_ tar .. 1'ftII8ClI •• I", for e.er. ODe

.......... rail a.d IOlempa A_bU .. wblch loar Onerllli A_bU. ebalbe ailed aDd called the l'oaN GNIte aDd G ...... II ODD .... of th. IaIde Oompaa'lla"l-and •• erJor aD, of wllicb .Id G~._ Oeaal ODD .... __ mbled W. doe for ... OIIr bel_ aad.-... ..... aDelaraaa .. to th •• Id Oo ...... or .. d OompaD, .ad thnr_ Tba& tb. Oo._r. or. la b .. abeI_. lb. n.paUe Ooftl'DGr of th • .w. ODmpaa,. 'or th. lJm. belalt aad lIIeb ot tbe A ....... ta aad Ifte .. a 0' th. lelde OomJIUIJ .. lhalbe JII'"e/lt or the &naIer Bamber 0' them __ aibled, wb.not the Oo._r or DepaUe Go._or _lilt 0' the AaI.taall at th. Jeut, to be _.ea ... 1Il1 ba .. fuU pow.r aad .atborlUe to 011-, ._I .. ta .ad appoJat. 1IIcb. ___ , otben .. th.,. IIl1dl Iblake lit&, .ad that ..... 1 be wflllac to accept th. __ to be Ifte of the .w Oompaa, _ JIod:t .DeI them lato th ..... to admltt aad to ... aad OODIIltata IIIcb omeen .. th.,. eball IItlak lIU .ad reqalllta lor th. orderIalo mla ..... a. aad dllpalcblD& of th. amw. 0' th .... Ocmr. aor _ Campaa, •• d their _n, Aad to make I." .. and ordJaa. _lor th. pod _ wei ... 0' th. IaIde Campaa,. and 'or th ..... era. _t aad arderIal' 0' tbe.w IaDdi and plaDtacoD •• ad th. peopI. Ia. bablU ... _ to I.hablte th. __ .. to th_ Ir_ t,... to tJ- lhalbe thODlbt meet, Soe .. _b law .. _ ordI_ be aot ooa&n.rle or reo PD&Deat to the lawlI.ad .... ata of thle oar naba. ot ........ ; Aad

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MIDDLESEX COUNTY. v

oar will ..... pI_re II 'ADd we do bereb,. for .... oar .bel ..... _ ID&UJ' OtIIIom .. or abled", el&llerlaward oroatward. to .... oar belr.--.... ellabllIh ud 0IIIepe TIlet ,.MreI)' _Ia the ,..... ..... _ or_forth._bJth ..... oI_ .. ,._1k'oIII tb. cI-., of&ll. b ........ _I,.1 &II .... W ... DeIda,. la .... ~ ,. ..... ,. the dateolth"'~'" Prcrfld ... tba&lIODIIofthel&ld.penoubeneb_ Qo"enor, Depal1 OoftrDOr aDd AlIIotull of &be I&Id Com,...,., _ all IbUbe b-.Rer b, .. peoIaU _e netn.,'ta'" bJ.., oar bel .. or_ otber ....... of &lie .. de Com,...,. IbUbe la th. 0eDeraI1 Ooart or eon. ADd for&belr furtber_ ......... ntoloarllllJl!Clall grueud ta"or ,,-bl,., to be beld for tha& fIaT or a,.- .wl,. eb_a lor the ,..... w .. doe bJ &bell pra8at.ror ..,oar beinuad...-.,,.1eId _ .... aat .a ..... b,. neb cr-Mr part.e of the _Id Com.,...,. tor &II. '7me lIeIallo to &II. _Ide 001'VllOl' .Dd Campaa,. _ th.lr __ "'&rJ of &IIaD _ Ibere praeat _ II ~ I Aad ,.I·1t ..... 1 happeD the &h_ &IIelr IIMton.nd ........ 'lha& tb., .nd.1'&rJ' of them ..... be free ~t OOftftl«, Depot,. 00" __ I A ....... III b,. &II ... praen" .Dd qulU from .n &0 ........ dl ... Dd cUllomllID lIew IInllud for tb. appointed. or IIIOh _ .... 11 b....n.r be aewl,. cb.aD lato Utelr __ lin .... of _"en ,. .......... from .11 lull and Impoe\oou for th. or .. ,. of&llem or ua,. other 01 the o\IIeen to be appoIated for the Ed Ipaoe 01 twena,. _ oae,._ upon.n podII.ad mercb.lId .... at ua,. Coal.,..., to dJe or to be nmou" ... Ik'oIII htl or &heir ..,....u 01lioii or a,.- or "'_ b-ner. eI&IIer upon ImporlUOn &II1&IIer or apor&aeon planeWon the I&Ide pnerall tin of .1eooD (wb_ ". doe .....". .... Ik'oIII tII._lnto our~lm. oI"llaDd.or Into UJ'otherour dom,.a_ clare for UJ' lDI.s-nor or defeo& to be nmoftDbl. bJ &be Ocmnor. bJ &be Ed. Oo"ernor .nd Com,...,. and &IIeIr -n, &IIelr depuU .. DapnUeOcmnor, Alllltan .. _ Com,...,.. 111'-'- ..... parteal&llem . r.aton _ ..... _ or UJ' 01 &11_ ucept oaUe &lie A". poaadll par .

.. u,. 01 the pubUqae Courta to be _bled .. ator.ald), Tba& &ben _tu .. due for 0U8I0me upon .lIlUCb pod .. ud .vcbUId .... as after _ la "'&rJ nob _ It ..... 1 _ ..... be lawfull to ui for the CJo1'. &be -'de _fta ~ ..... be .plled lhalbe broqb& or I .. portecllato enOl'. Depu&ll Qo1'8ftlOr, AIIIIIaa .. _ Oo .. paDJ aton.Ide or ID8b oar -'me of "gland or .., 01 oar dolDla'" _rdl .. to &be aua· ........ parte aI &bem _ te be _bl ...... tI afon.td. la u; of &belr dent trade ofmercbaah, wbleb A". ponDdea per_tam _He bel .. pelde _bUll to pnoeade to • ..., .'-n 01 ODe or _ otben 01 tlleIr 1& IbalI be tb-tOl'lb lawfull _ free for tb. I&Id ednaturen &II. Oo .. ,...,.lu &be room. or pIaoe, roomII or p'- of IIIOb olIIoH 01'.' _ ..,.,...Dd .. _bud .... to u:port aud CU'I'J' oat 01 oarl&ld domln· ~ _ ..,..al or rell101' ... -..ual to th.Ir~ ... ADd ,. ....... 1,. Iou Intoforrane parteawltboa& UJ' cuatom •• taX or oth.rduUe to be peld DpoD ... after neh e~ and .1 __ ..-d. of acb Qoftrnor. Depo to .... oar betn or...-n, or to UJ' oth.r oIIIcen or .. lnlat.n of _ uUe 001'8l'II0I'. ~'or AlIIIItaD ... or au,. other olloen of tb ... de oar belne __ IL Pro1'lded tW th.1&Id podeIand .. _hand .... Com.,.a,.· la .... aar &lid forme ar-td, &be au&llorlUe, olIIoe ... be IbIppad oat within thl"" .. DlOaethea after their 8ntlaudlDgwl&llln pow. Wore II"'" to the former Qo1'8rDOr. DepuUe Go1'erDOr. 01' otIaer an,. parte of &110 -'de dom,.alo.., And w .. doe for ... our beln .ad _ olIIoH .Dd o8ken _ .....".... ID wb_ .......... place _we .... be -noll" aDd arean .... to &110 -'de Qo1'8rnor aDd Com,...,. _ &II.lr _ eb_a. abaII u to bl ....... &11 __ eftrle of th ••• _ and de- __ TbU wh_". or _ often .. an,. cllltomoOl'lUlllldle ehalI terml... Pro"ld ... .-..-....t oar will _ pI_ Ie Tha& u .. 11-'- powe d ... 01' ..,.labl. Dato .... our hela or aa-n. accordl .. to &lie _ an b,. '&IIeIa prII8nlll...,olated to be &lie .... ut Oo\'8rDOl'. llepaUe plUuoa and appoIDtm.ntafo .... de bJ _a 01.., aoodII, WDnI, or Ooyernor ~d AlIIIotaatl 0( &be .. d 001D,...,. .. &IIem tba& .... 11IUCCIIed mercbaDdl_ to be "Ippedoat or .., ..torn. to be made 01 a.,. goo4eI, &lie •• and .11 oth.r olllcen to be .ppolated .ad eb_a .. ar-td.- .,... 01' ..rcbandIIa aato 01' fIom &lie I&Id partea 01 Newe J:nlland ....... before til.,. undertake th •• _ 01 &heir -'de 01li0ii_ plea. .......,. _ ...... to be .... anted .. aru .... de or aa.r the laudI or tent· ........ "eJ ...... tllelr coqIOraIl oath. for &II. due _ IaI&IIfull.... torill afonalde, TbU &hen aud _ ofteD ud In eucb _ tb. fumen, formeDce 0( &IIelr duU .. la &IIelr..,....1 oIIIcII.Dd plea. before..... 0tIII0men .......... of our"cutomee O("'I ... d aDd Irelud and .,.erI. penoa or pe_u _ are bJ &IIeIII pra8n" bereunder appolated to ... of thea for the .,... boIal. upon reqlllll .... to th_ bJ tII.-'de .1Id ...... ,.. the _; Tha& Ie to .... &be Ed .&&bo". Ondook-.hoe 001'Wllilr aDd Com,...,. 01' &heIr a---, IIMton or ... l ..... and upon Ie herebJ DOa ....... _ ...,oIated &II ..... n& 001'tnor of &II ... de coaftDlen&_rI&J to _lIftn In tba& behalf ..... III"._ .. 10 •• nato Oom,...,.-4IaI1 ... &lie ... de .. &II .. betbre ODe or more 01 th. ..... &II.1&Id Oo1'ernor ud 00 .. ,...,. _ &IIelr _aDd to .. 1 _ eftrt. of our Oourte of Oh.uDcerJ. tor tIIo "'me boI.., aato whlcb IIaI&er or penoa _ penou free of tha& com,...,. .. efonaa.Ide IIx _th .. 11" • ..... of&beObaaDcerJW .. doebJ.b ... ,....tI'I".fullpow.aDd for the peJ_a& ofth. ODe betfol.1I aucb cuatome_ aubeldJ .. au&bcirttl. to ... ud edlDlaleter &II. I&Id .. til. to &be 1&14 001'8l'llOl' IbUbe d .. ud peJe.ble uato ... oar heln aDd...-n, for &II ...... accordl .. .,. ADd .... &II.1&Ide Ooymao; ... Ibe _ lwone, &lien the Wor wbleb \I.. oar letlan patenll or the dapllA:ate or the .aroll .. -Ed 1lepa&J Qo1'8ftlOr .... Allllllutl-befon b, &beIe pra8atl ~ &11-' ........ ato oar 1&14. Dlllcen .aulllclen& wanDnt aud dIecIIa ..... uted _ ..,oIn~1 ... the aald .,....1 oa&ll .. to &IIelr omc. 1I."er&lIeI_ oar wlll.nd pI_" Tba& If u,. of the .. de &004 .. ... plMll rwpeaIIftu. heIoa ...... before the .... llatbo. 0Nd00Ir, &be _ .1Id IIIIIrObancIIIe whleb be or .... be at .. ,.,... bu.fter ........ ..... & Qo-rernor. _ f--'le 1IWOnI8,.......... ADd"'&rJ ID8b OI'uported oat ofaD,. 01 oarnal .... aforwalde _ lIIalbe Ihlpped wl&ll penoa ulbUbe at &110 a,.- 0( &II •• aauall .1_. or o&berwIIa, DpoD • JIUPOII not to be carried to the part.ea of II ••• IlDIIaDd afcinald, bat _tllOI' ~. be.p.ted to ba&be .. w. Qo1'8rnoral&beEd to_otherpJ-,Tha&thoalUebpaJDl8nt,duUe,cutome,bapGllcoaor Oompa.,..1haII ... tIIo oath. to tba& .... be ........ befGn the Depo forfJ&un IbUbe paid or _10", to ... oar bel __ --. for &II. UQ' 00"'1"1101' 01' two aI &be AIUIan .. 01 &II. Ed Com,...,.. a& &II."", I&I4poc1ee, __ .nd merchaDdlae .. treDdulen&lJ_,bt to be &real­Ibr th. ,,_ bel ... And til. a •••• Iected Depatl. Go1'8rnor _ A..... porIIId,.. ,.,&1111 oar areaDte bad not been .. ade nor ar-unt .... And W .. aa ...... all other 0111_ to be bo-'&er ........ afONlalde. ~o.. doe further will. ADd bJ thell .......... oar heln.Dd _n Armel,. a,.- toa,. ... to ... &be oa&beI to their P'- NIpeO&tftU. heIo...... enIol .. aDd _uada .. woll the ~r. ObauDoeIlor ... JIarou of beCbre til. Qcmnaor of &be I&Id Com,...,. Ibr &II. "".""'10 Uato &II. J:ubeqa.ror .., oat bel .. aDd .. ...on, ........ 11 and alalalar lb. whieb ..... Qoftrnor. DepuUe Ooftnor'" Aalaall W .. doe bJ thell cuatome .... farm ..... aDd collecton 01 tho cUltom .... t.IdlII_ baporll prII8a1a II". full power _ .n&llcrIUe to II". ~ edlDlnllter &be ..... aud oth.r &be oIIIcel8 and .. la .... 18 of U, our bell8 _ IU~ wbat­oe&be napeel"'ol,.. accordln, to oar tnae _ .... b .... n before de- _ftr lor til. a,.- bel ... Tha& &II.,. .Dd 01'&rJ' of &11_ apon tb. Ibew. eIared, without .a,. com ...... 01' farther --t, to be bad ... ob- Inl fOl'lb uato &IIem 01 &11_ Ielten petea .. or &lie duplleate or oempll. t.,. .... of -. our heine or --. In &IIa& bebaIf. And W .. doe fur- e-. of &II ....... Ithout .a,. otber wrlUor warrent .haIIIOeyer 6'oDl tiler. aI oar ......... .-. .... a k_ .......... __ a. for U, .... our boll8 or -.... to be Db.,. .... on I&Id faith, doe.,.. ahall our heine ... ...--. 11"0 .tid areant to &be .. d 001'8nlOl' aDd ..... full, wbol .. eaUre and due allowance _ 0 ..... dlachaa'p aato. a.,..., _ tbetr _ forrter bJ th ....... alll Tha& It ..... be &IIe .. de Qo1'8rnor ud Com,...,. aad &IIelr _ of .. 1 -eom.., lawfull ... free for tIi_ and &IIeIr ........ a& all aad ."&rJ e,-... IUbIIdIII, bapolloo_. &0 .. _ dutfea whallooYer &IIa& ."101' ..... _ .,... benafter. oa. of an1 our .... _· or doIn7nInl wllalloe1'er to ..,...... bJ -. ourhell8 ud ---. aI OI'hIII the I&Id CJo1'aonor_ ........... fIIIZJ' and traDIpor& for ud Into tlleIr ....,....., aDd for _ ComP&DJ' ... &IIeIr aa-n. for or bJ __ of &II.1&Id podeI, cW. towudI &be .... planteoon .. II.". .......... all .... ___ , 01 telJl, w-. ____ aud premIIII tobe u:porIIId out 01 oar-'de

-101'IDc I11l1Jec*or u,. other ........ &IIa& will beooI!Ie OIIr 101'111& dom)'DIou or .., 01 &II_Into UJ' parte 0( &1111 .. de lan411 or ..... 1_ 1II\d ....... U". a .... oar ................. 1 .1111 ..... _ ... Ie benb1111811OO1d to be 111'811, II'DUDted .Dd coaferred or for or b,. __ lIMa .. &be _ .,."..... ... plaateoon, _ ....... Ipplal annoar, alaa, of&be I&Ide &004 .. cbatllllJl, _or mercbUIdIIII to be Import. "..,.., orde--. .. aDloo., powder."o&&, conae, 'I'Ie&aa& and .. 1 ... a- the Ed IaDdea .Dd ......... bPhhJ....-d 'to be "".a. _ aI oIotbInllo tmp'-~ furalture. ........ caHIe, h_. areanted or conf.rred Into an,. 01 our -'de dolDlalou or a", parte ................. _ .. lot'" &IIlalli n~ for &be I&Ide pia.. tbenofu ........... u:eptiD~ ODU. tbe -'de Aft ponDd. par ceatu .. ..... and for their __ dete ....... for trade with th. people til.... ......" rwer1'8d _ peJ88b1e after &II. u:pIraooa 01 the ...... terme of ud In JIIIIIlag aDd ntanal .. to uad fro. aa,. lew. 01' l&a&ate to &be _ __ ,.... u efonaa.Id _ not before. ADd &II ... oar le&&en peteDta IIIIde heraofln .,. ~ DO&wI&Ulllacllalo ud .1.,.& ..,. .... or,...... 01' til. ~t, .. up\Iaate 01' _mplle-. 01 &be _ .. Ibe for

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vi HISTORY OJ!' MIDDLESEX COUNTY, MASSACHUSETTS.

eftl' h..rter fnIIiI tI_ to Qme u well to til. orr-nr, a.-J.,r their om-..... p~ n.peo&iftIJ Iball 110m ~ to &7- be.-fter ..... JIuOM of &he J:zoiaeqaer. of 111, our bm. ..... -no u to aIJ loreftl' wllbIll til. """uul pIII'tII 01 .... lIqIud benllJ_· ..... 8IIlp\er tbe outomen, ..... _ ..... oolleoton of til. 0IIIII0IIIee, _b- ooed to be pauted ..... OODIonMcl orlll &he ""'11)' _ tbltller or tro. 114_ UId Imp0rt8 of ... oar heIn UId -no ..... all .ueben .. d tile-. beft fall UId .... Ia .. po_ UId utlaorltle to oorr.., pallllb .. o&hen, til. olII~UId IDID .... wbt.t.oeYer 01 at, oar heIn .. d _ .......... ft ......... rate all ROb tile _-. .. 01 111, oar beira ........ oonr" ftlr tbe U_ .... Il'. _8JcIeDt wanuoa .Dddllobarp III tb" bebalf, -no ulball tro. Qme tolpM ad_tare tII ....... YW ID U7 yOJIIdp ADdlartberov"'I1 .. 4~II,ADd W ...... berebJ_ .. 01II'beln tIIlLber or tro. &heDoa or tIaa& mati at .. , Qme ~IDhabI"

• UId ---. 0I'4aJ .... 4eoIan UId PUDt to &he aide ~ UId wltIllD tile pNCIlIOIa UId ...... • , .... ..... D4 aI-'4 -.Ii .. to Campul, ..... tIleir -no 'fba& all UId .. ., 01 til. _~ of .tIl. orden, I&w ... OIIIID .... 1 __ .Dd 41reoo,. atore.I4 _ 111, oar heira or -.. wblab Iball ... to UId 1DbabI .. wlthlD balDl repnpual to til. 1&_ UId Itatotee of _ realme of .&lu4 u the ...... IuIede .Dd pnmI8M herebJ _1lIIIied to be an_ted UId aI-'4, ADd _ .... lartber. ftlr III, oar heln UId -.. IIY • •• ., 01 ah.ir obll4ran wblob .... 11. bappeD to be lion. til .. OIl .. 4 PUDte to &he 1&14 8oYenor aD4 CampUl, ..... tlllIk _ II)' aM __ ID plDI tIIl&her or relorlaelD& Il'om tIIe_ Ihall baft til ... ..-all, Tbalillball UId male be I&.full to uul lor tile ohlef. UId .... 0' all llberUee UId Imma ..... 01 fne UId Datarall _-... _Dden, IOY-UId 01l1oen of aid oomJIUIJ lor tile U_ beln. within .. , 01 til. domJDIou of... oar W- or ID-no to all who Ibalbe NlldeDt ID tile aid parte of .... .Dllan4 ID Am.rI. II)' IDteD ... oo~.Dd pa~ whalloeftl' u JI til.,. UId .ftrIe tII"'~D .. pauDted aD4 othen tIIerelDhabiUDI II)' tllelr appoIDtm.Dt 01 them __ lIonIe wltIIlll &he ~ 01 lIIl,laDd. ADd tIaa& &he UId 41_ hm &J8I. to Qme UId at all l,m.. bereeller 101' Ib.lr QoYUDor aDd Depatle QoYorIlOI' 01 til. aid OomJlUl1 _ til. &7- 1(IeCIal14-fe- aDd "'.&7 tol_llter. UpD .... repell. UId ,.... b, '-belDI or eltlaer 01 tII_ UId U7 two or ___ 01 ROb 01 the aide of -- u well b, _ u b, IaD4e ..... II)' all IItUD, wei ... Dd __ A ........ u obaIbe tIIerInUlto .ppoIllted bJ til. al4 GoY_.Dd Com· wbafp,-. all nob penoD UId peno_ u .... n.t .D, .,IIM h-'Ier pUI, at.D, oftllelr _118 or _bIIee to be bald u aI-tde Ihall altempt or eaterprtee &he 4eItra_.IDyuI0ll. detrllll.Dt or aDlIOJIla_ aDd male at all a,.-. UId hm &7- to aJJDe b-ner. bayelall po_ to tb. aid plaDtaUoD or IDhabltaDU; .. 4 to tak •• Dd -f1II'I-. b, .n .Dd .atllorltle to miD ..... aDd II •• &he oalbe UId 0IItbeI oIlUpnIUOIe walee UId __ wbu-ftr all UId eul'J ncb penoD UId peno_ a4 al\lcl&DOe or either of tIl_ to all uul .url. pe_D UId penou wltII &heir abl ..... armour. maDiooD ad other podee u .... nID bCIIIUI. wblab aball at U7 l,me or t,aeellereafter ... or .... to &he I&Ddea __ Ia .. de or attempt til. 4eIea&lD, of til. al4 plu~ or &he bart .Dd prem .... banb, mncoed to be CraaDted to IDbabite U .. __ oItlla eeld 0GmJIUI7 UId IDhabltut.. N ... rtbel ... oar will aDd pI_re ADd w .. 4oe, 01 our furtber cnoe, oarUD knowledl UId __ .. ... aad w ...... b_b, deel .... to all ObNUan Kia .... PrlD_ .... aIatea Ify. UId gruat to til • ..we Ooy_aDd OompeD,UId tllelr-.. tIaa& Jf .Il, pe_ or pe_ wblch eha1l h ........ r be of lb. 1&14 Com· That It _II .Dd .u. be "wfull to UId for til. Oo_r or DepaUe pUI, or planteooD, or .a, otlaer b, 1JC8_ or appoiatmealol tbe aid Oo .... mor aDd IIIICb of til. A8oIatu ...... 4 ~a of &be..w CompUl,. OoUrDOI' UId Ooa\JIUIJ lor &h. tJ- .... DI ..... 11 at aD, l,me or &Jmee _ til. ' ''' bel., uehalbe _mbleol la .. , 01 &b.lr 0 ..... 00u118 b_Cler robb or 1IpOJ ... , _ or bJ 1aDd, or 4ue .D, bart, yloleDce or aIonIeI4e, 01' Ja ant other 00a118 to be apecIaIl, aaJD0De4 UId _,. aa"wfull haeUlltJ to .... , 01 tile ID-.ecIa 01 III, OIIr ....... or -no bled lor thal pa ........ or til. peater parte 01 them (wbereof til. GoY.raor or UJ 01 &he nbjecta 01 .... , PrI_ or IItete bela, thea III ' ....... d or Depatle Ooyarioor UId alx of Lbe AlMtaDte to be alwalee_ .. a) hoi I11117U, with .... oar belrea UId -no .... d that apon aacb bolal'J &7- to t,_· to mab, onIalue .... d eetebI .... all muDer of wbol_ doD aDd apoa 1_ COIDplalat 01 _b PrI_ or 8tate or tllelr IDbjecta .Dd _ ..... , •• rden, la" ... atetatea UId ordID ....... ·d'-UId la. Wee, our bel,.. or lDoceeoonr" Iball malE. upoa proo'-a wl&bID an, _a _ ooalnrl. to til. I ... of til .. oar realm. of .,' ....... u .. II 01 tile pertea wllbln our real_ of bclaDd CDlDodloOlllor tIaa& JIIII'P*. for .. UID, 01 tile fo ....... UId ceremoal. of .. Y.ram' •• D4~, Tbal &he pe_ or pe __ ba.elDloomlltecl .. , aacb ... bert. or 1pOJ" IItt .Dd -I'J for tile al4 p\&DtaooD UId &he lahabl ....... til.., UId _II wltIIlD tb. __ l,m,ltecI b, aacb • proc1amama mab full reetI. for -elllI UId atIIlD, 01 &11 eorI8a of oIII~ both aaperlor aDd IDIerIor taooD or ..u.r-a of all IDCb lalarlee doD _ .. lbe ..w Prla_ or wblab the, .... n IIDd aee4ef'u1 lor tIaa& .. ftrDJDeDt .Dd p\&DteooD, UId 0Iben _ COIDplaJDlD, male boul4 tbemeel_ lallle _tlded.Dd OOD'

tb. dloUDIIl .... 11lI aDd ..utnl rurtb of lb. _ftralI daU ... powan .. d tented. ADd tIaal ,I til. al4 penoo o. penou bayla, COIIIiltedlllCb 1,-1&18 of .. ., aacb olIIce UId p'- UId tile Iorm .. of aach oa&Io.. ..... IObbeI'J or apotle ahallaot malEe or _ to \III ....... aaUdoOCOD -.t . ..... tabI.b' lb. 1& .. and atetateaol til .. our nalmeol EaataD4, ...... Ibe 1 .. 11. wltllb,ncb tl __ to be 1'lIIJtted. ThatlloeD It abalbe .... full reopectt .. lI. aIID ........ aato lIo.m for tile _000 of lbe aid .... rall _ ... oar belrea .. 4 -no to patt 1Io,a14 ..... or ...... out 01 oar oll_UId pIaoea, ... 110 I ... til. 411po11al UId onlorIDgof &he eI __ of allqlaDoe aDd ~: ADd that It Ibalbe 1&,.,...11 UId ...... lor all IUcb 0' the aaId oll~ .. ahalbe aDawl .Dd of aach otb.n u PrI_ to ...-at. wltll hCIIIUIlUe lbe aIcI 0 .............. Y"'7 01 them. Ibalbe to aacce4. ID _01 death or remo.eall, .. 4 mlDIatriDI abe aid ...... UId .y., of tlleir pI'OCIlren, ..,4en, abetton .... _lorUn ID oatb .. to 110 ...... Iected oIIIcen .... 4 lor 11II)IOIlIoo_ 01 '.wfall".... thal beball. Pnoyl4ed.lao UId oar I.p_ will aad .,.....,re II, UId malcl8, Imprl80amellt or other .. ,.,...11 correoUOD -mia, to &he __ _ doe b, tbeIa ~DII fOl' .... our h.l_ UId -no orde,De aad &p­

of other corporacona In til .. oar real_ of ...... d,.Dd lor 110. 41recl- poIDt '1'bat til ... "..Dt. _II not ID U7 muDer .Dare or be tet.D to I., ralllll .Dd ......... IDI 01 all other mUten aDd tIIID", whereb, abrI4p, herr or bIDder .. , 01 OIlr 10.ID,aa-.ec18 whatlcMi_ to _ UId oar aid ponpIe IDhabltaD" til .... male be eo reliIfOOlll,. JIIICeal>IIe UId . u.rcIII &he trade 01 .... 1 .. apoa tIaa& __ 01 N_ ...... 4 la Amerioa a\yIIIJ JIOYerDed .. lIoeir 1004 Ule UId 0IIIerI1e OOa.e __ male W,DD. bJ.tbeIa ....... meDooed to be pawoted I But that tile' .... ..., or UId laoI .. tII. DalI_ofOODDlI'J to tII.kIlowled ... Dd obedleDOe 01 tile aD,of U-...... ba .. fun UId ..... powar ..... UbertJ toOODUDDe.Dd_ onl" &rae God aad Sadourol IMII1dD4eUld th. ObrIaUaD faJU,. wblch ID ; tllelr aid trade of .... IDI( apoa &he aid __ la .DJ &be __ tIl.reaato oar ..".. IDteDOOD UId u.. ad.entuNn ...... prot_oo .. til ..... oef'ull edIoJDIDloa .... , __ 01 the __ or eelawater rlnn wbere til.,. ha .. eD4e 01 th .. plaDteoon. WIIIIDI. 00 ..... D41DI .... 4 nqal .... ..; aDd II)' bJa WOllt to ..... UId to ball4 aDd eet& ap .poD til. ludea b, tIIela their ~ate lor .... ar beIra or aa-no OIIIe,DI .. UId appeIDUDI. . ....-t8pauDtednch wbarf ......... u4 WOIkeho_u Ibalbe __ That .111111Ch or4en, 1& .... ateta ... a4 ordlD .... 10_.Dd 41r.- aute lor Lbe _IUIlI. 4rJIDr. k ............ lac"'" ap 01 tlleir .... to be OOD .. Ibalbe _ IIUIde b, the OoftrDor UId Depatle Qounor.1 til. . takeD or ptIu apoD tIaa& __ ; aDd to OIltt ........ aDd tet. IIICb Ireee aid GOIDpUI, UId ROb of &he A_ .... ud 1'reeJna ... alon.I4e.... I ..... other _terIalla til." 1fOWeI1lI' or bellll or ebalbe Deedf'ulllor tIIat pablllhed ID wrllID, aDder their _D ...... loa1be · ........ 111. UId 4011. parpoae, aDd lell all other -.arI. _ ... b.l,.. UId ad_tap oWen .... kepi, plonooe4 aDd paU la uea __ "'IDI to the w.. I.. . __ rallli their aid trade 01 .... 1 .. tIIere ID noll _IlDer UId form .. teDt and _Ial of til. _ .. ADd til ... _ .. &I8n pate"", or &he da- . 110.,. bay. II)'D beretofore at .... , &Jme __ ,ned to cIce wllIooat aak· plloeteor_plt.OGD tII.not ..... lbe to all ...... er!.1IlOb oll .... aaper IIlI U7 wl1fu\1 __ or .,1 •. uJlblIll ID til ... pree8Dt8 oOatqDed to lor aDd IDrarlor. froID &7- to &Jm .. tor til. paUiDlof til. __ orden, tile OODtrarIe aotwItbetaDdlDIo ADd W .. doe furtber ftIr .... our b ...... 1& .... atilt .... UId or4JD--.I~ 04 41reoco_ ID 4ue _D .. 4..-n, OIIIeJH aDd puate to til. aid 00YftD0I' ..... OolllpUl' .... _ ... _ beIrea UId -no a _lIollat WVIIIDtaDd 4Iac1wp. u4 tbllk _ bJ til • ...-. ... 'fba& til .... OIlr ..... ,...,. ... ADd w ....... forth_, _ III, _ bel,.. UId -no lin aDd paul . obaIbe II,... pod. etrectaall aDd &YalieIIIlel. all til ..... UId to aU la, to til. aid GoY_ UId OomJIDIIJ IIDtI tllelr _ b, til... te.WaDd __ 011&_ --.uDI to _ true ....... b ..... D ".. .... Thaa all .04 ... rIa ROb cbl .... _Dden, ............ y... before 4eoJared, UId ahalbe 00IIIIIraed, Npated u4 a4JDdpd I. all _ Don .. 4 oth.r ollloen UId mlaWen ... bJ &he aid or4en, ...... otata... -* .yoarabl. ou tIM baball aDd _ &he beDeIItt UId bIboof.oI the OIIIID .... 1...traoooD or 41_u of til. aid OO •• rDo. UId Oompul, ..... OOYerDOI' aDd Oampu, UId tlllIk -.. altllou", exp_ for lbe 1,- .... DI. Ibalbe flOlD tJ1118 to Qme h-n.r JDlp10Ied eltlaer __ Ii 01' &he true ,..,.., Yalae or --.t, 01 110. prem'- or aa, 01 ID tile .... __ t 01 the al4labablteD .. UId plaDteooll or ID &he W&JII tII_ or of .... ' olher pin.. or pauD'" b, 118 or .... , 01 oar propDI"'" b, _ .tIIltller or rlOlD tIIe_IIOCOIdIDI to tile Dalarea UId l,m,&18 of or...-.-.. to tb. lonald Oo~or or CompUl, before th .. Ume.

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MIDDLESEX OOUNTY. vii

__ III IheII JIftI .... or oot ....... or "'71te&ate, 1IOte, ordlon-. proo YlIIon, ~ or nRn\01e to the oootnrle th-r beretofore bad. ....... pabllllutd, orcIetoed or pro.,lded or 1&07 o&tIer 1IIIlUer. _ or W ... whl""" to &be COII'rarle thereof 10 a07 .... lIo&wllhlleDdlo .. III wi .. wlutreef _ ha .. oe...s the .. oar letIen to he IIlIcIe ......... WI .. oa_1I e& W ........... r th. fourth dr.7 of Harcb, In the foarIh 7_ot08r .......

"WolAU&Y. - PnIdIcl .......... 0r8d00b Jon&ul ... de J'IcIe e& 0bedIeIl&ta Bee!

.t a-u- ..... el de DellI. --'00&10 ... 0III0U Qaberoe&orlll In. Teoorwm ....... tlooa lID. Haa1II.1818, qo ..... m. Ouolo ~ HlIlle I. au.llarla Hro.

to Endicott, nrging him to occupy the lands about . :Muaachueett.a Bay claimed by Oldham and Brereton, which eXtended· from Oharles River to Nahant along the coast and from flve to twenty mil. inland. They wrote u follows:· •

.. W. f .... 1IIal. he (Oldham) hath been oIIIU ..... Ylol8Ot III .... aw-Uop be..., eo h. wlll penI8t I&Od he rW7 to draw • JIIlrt7 to hi.· .. If lIMn to the,net hi ....... of the OOIIloaon .... ti .. haft, therefore, Ihoaahl at to .... JOII notice of hie .u.po.IUoIl to the end JOG...., he­".,.. how JOG oaeddIe with him .... teo 701l ...., _lb. beet m_ JOG _ to ieW .... "-80& with the old p1u1en eo .. the, ...., not

-0.0. o.M.... hearbn to Hr. O\clhun'1 ~ IhoIoab ...... pNpCIIlUou. "WI JIfI7 JOII .th. __ lIth_ to ........ rIooIl7 caplher for

8y thil charter the claim of John Gorges, the.... th ......... _ofoarprl.ll .. end....-lll • .,...,. ... Ilt, wbleh,ltlt lignee of hiB brother Robert, and also that of John ...., he done b7' ..... peiue --. .. mllCb d_re It, thougb with .......

1_ ..... eo • our .,..,._t end prlYllIpI he 00& broa,bt In Oldham and John Dorrill, the leaaeee of John, seem _tempt,w .... lagntherthere ...... t ............ III ....... ldraw to have been utingulahed. " But another claim had, th. h ....... b7' oar pod _pie, to th. _""'0, ot Cl!rlet and hlI in the mean time,lprung up which it waa neceaury OaepeI.thealllalolF_lllloaldhegl ... tothe ......... -.w1o to silence before the Maaaachlll8t..ta Companv could oor religion thnagll oor d-'-o& -opt ~... But If -" --17 reqnlre • _ ...... _ when fIIIr _ will no& preftll,

become unobstructed poI8e88OlI under their charter. WI JIfI7 JOII to deal. In JOur dIIcretIOIl· 708 ..... lllalnk.UII& for th. John Gorges, undfll' the' grant made to hiB brother by poenI pod end ""17 ot the plaul&tloo ... d ~o of ollr prld· the Plymouth Council, conveyed, by a deed dated ...... ADd heaaoI8 Wlwoold no& ooalt to do JlD7&hloc wbleb oalgbl

....... oar rIglat WI _ld ha .. 708 (II _ .. the l1li1 .. or IlD7 af January 10, 1629, to Sir William Brereton, of Hand- au. ...... wlth 7oa. wbenll7 708...., 1I& •• _todolt) .. 1III farlJor forth, in the Connty of Oheater, England, .. all the sa, PI- to ~hlllltlll Ba7 to lobaloil the..., which w. pn,J 708 land in' breadth lying from the eaat side· of Oharles not to pmru& bal to do 1& with all ....... i and 111&07 of oar _PID710

pertIoalar IbalI ...... to .we th~_ IhIre or to IeIId ..,... .. River to the eaaterly part 011' the cape called Nahant, thither WI ......... _modetIoa ............. & ..., he p •• and all the landl lying in length twenty mn. north· &hem lherenoto when117 th. "'tIer to I&reO ..... 1l our .,-100 IhIre eaat into the'main land from the mOllth of the said .... - all or IlD7 that ...... Iotrade UpaD" whleb we woold no& ha ..

. Charles River, Iving also in length t.wentv mUes into 708 b71lD7 - .... W&7 noto; with tble _tIOD notwllllll&DdlDa­" ~ "TW for __ ot oar _au,.n III 708 tad IhIre plaoted eo ulhl7

the main land n015heut from the laid Oape Nahant; hewWIOltoD •• uDderao_t 70aeodll.orto gl .. th_ .... t­allO two iBlands lying nut unto the shore between tine. d .. MaoauoodatIoD. to 1&07 of O8net .. i 7-' If 708- -

Nahant and·Oharles River, the bigger called Brereton =~1I1t he with _re Ihao ~prtdllplln poIn& of

and the leaaer SDI&DnL" ThiB claim also ~aa finally rejected by the Muaachul8tta Company with a propo- In accordance with the above instructions, OD the lition to the claimant, dated February 10, 1680, to Mt.h of June, only two daye after the arrival of the join the company according to their charter and re- II Boneventure," Thomaa Graves and Bev: Francis oeive all court.eona respect and be accommodated with. Wright arrived at CharlestoWD from Salem, IUld, aa it land and whatever might be neceeeary. iB now agreed, gave t.he date to the fou.ndation of that

Sir Henry Bosewell,Sir John Young and Thomaa toWD. Bouthcott sold out their interest to John Winthrop, On the 20th of October, 1629, at "a Gent'll'all Court Ieaac JohDSOn, :Matthew Oradock, Thom .. GolI'e and holden in England, at Mr GolI'e the Deplltye'e Hoaee," Sir Richard Saltonata11, .who, with John Humfrey, the record etates that '. . John Endicott and Simon Whitcomb, the remaining .. Now th. Ooar& proceedIog to tbeliectloD ora DlW 00uIm0r •. D8pa. 'original grantees, formed a new compa~y. The fioan- &II. AIIIIIu ... whlah opoo .. rio. cIeIlbentfallhath hIIo ... _·

cial -"'->- f~L fi' oeIYldtohelllrth ...... pod aDdad_ptot &beIr ... n, ..... IWIUD 0 ... e company were at rat managed In· .. doc .... YId extnoJdIU17 greet _DMDIIe&lou of Hr Jobll Wlo-

England, and MattheWlOradoclr:, who had been named throp bo&II. IIIr b .. 11l1egrI1.7 end IIIlIIoIeIlO7 ....... _ •• ., ."., w.u by the KiDg aa Govemor, waa choaen to that omce. .&ted end _pllllhed for &be pI- of 00._, did pol III oomllllUoD Joho EndicoU wu I8Dt Ollt with a company in the forlllalpJ..lbeald Hr. JoboWlothrop,81r R. 8al __ U. Hr. r-

• • • II' Job_ end JIr. Jobll SIl.tn7a i ..... the laid Hr. WI.&brop _ with " lummer of 1628, &mvlng at. Salem In the ehip .A.bl- .• p_al YetI and fall_& ofth .. ooart b7 .-100 ofb ...... oh-.

gall," on the 6th of September of that year. Endi- to ... Go_r for th. _log 7ear, to lIIg\ll Oil tb .. preI8Ill dr.7; wbo

cott waa followed by Rev. Francil Hi"'"DIOn and, - pi ..... to -.pt IIaueof ..... lhenapon Took the 0I&b to 1IIal'" 'abo • dred .... - .' . ........... ID lib _0 ... end with lib frII end fall oo_l.,.

lit two hun . penona wit.h him, embarking in, JObo aumh7 ___ DepatJ OvYlnlOl', end ,

the "George Bonaventure," reaching New England .. S1rB:8alto..... HrT"-Sharpe

on the 22d of J line, and the " Talbot" and " Lion'l Hl---Job_ Hr Jobo ... ell

"Whelp" reaching New England'on theHtb. While ==..,:=:: O~ock remaiDed .the GoTemor of the company in JIr Noell Xr A....., England, Endicott waa, in a certain 18nae, the Gov- JIr Wm v .... , Hr Jobll v ... . ernor of the ColoDr and 10 remained until the arrival' . JIr Will PlIloboD JIr Nath. WrlPt , ' • JIr .... : ....,.. JIr TbeoplIllIIItoa of John Winthrop with the charter, In 1680. The' .,JldWI....... JlrTbo:.w.o.

"Bonevent.ure" brought from the oompanr a letter. ---to ... AIIIItu"i wlllala a1du.pa&Jend the pwDIIIt,..

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viii HISTORY. OJ!' MIDDLESEX COUNTY, MASSACHUSETTS.

of tII ..... .A.l.iu1i ...... ..-& took tile aMbI &0 &heir .... ...­appuWDlDC ~Y.\J."

In April, 1880, Winthrop .. iled from EDgland and arrived in H'lIachuaetta OD the 12th of JUDe, at once .. uming power in.the place of Endicott aa Governor UDder the charter which he had brought with him.

The fint Court of A.aaiatanta,~rdingtoaatatement of John~n, in "Wonder-Working Providence," waa held at Charleatown, August 28d,on thuMp IIArbeIla." The date mentioned il probably correct, but the place of the meeting baa been doubted by antlquariea. At that meeting it waa ord~red that the Dut meeting abould be held at the Governor'a houae on the 7th of September and the third meetingwaa heldattheaame place September 28th.

OD th~ 19th or October the tint General Court waa held in Boaton, and at ita firat 88IIion an important change waa made in the form of government. The record atatea tbat at thia General Court "it waa pro­pounded if it were not the beat coone that the free­men Ihould have the power of ChOO8iDg aaaistanw when the;y are to be ohoaen. and the aaaistaDta from amongat themeelvea to chooae a Governor and Deputy Governor, who with the aaaiatanta ahall have the power of making lawa and chOO8ing officers to exe­cute the arne. This waa fully aaaented unto by the general vote of the people and erection of handa." Thaa the only power retained by the freemen or people Wall the power to chooae Aaaiatants.

At a Geneial Court held at Bolton on the 9th of May, 1632, another cSange waa made, and II it 'W88 gen­erally agreed upon by erection of handl that the Gov­ernor, Deputy Governor and aaaiatants &hould be chOien by the whole court of Governor, Deputy Gov­ernor, Alliatants and freemen, alld that the Governor IhaJl alwaYI be chosen out of the aasiataats." ,

At a General Court held on the 14th of May. 1634, ltin more power wu 888umed by the people. " It waa agreed that none but the General Court hath power to chooae and admU freemen." " That nODe but the General Court hath power to make and eatabliah Ian nor to elect and appoint officera .. Governor, Deputy Governor, Aaailtanta, Treaaurer. Secretar;y, Oaptain, Lieutenanta, Enllgne or any of like moment, or to re­move 8Ilch upon miadem~or, aa alao to eet out the dutlea and powen of, the aald officers." "That Done but the General Court hath power to raise moneya and tuea and to dispoae or landa, viL, to give and con­firm proprietiea." An important change waa alao made at this court in the coDBtiwtlon of the court it­lelf. It waa ordered <I that It &hall be lawful for the freemen of every plantation to chOO8e two or three of each town before every General Court to confer of and prepare auch public bUlineaa aa by them &hall be thought fit to conaider of at t~e nut General 'Court, and that auch penona aa Ihall be hereafter ace deputed by the freemen of the aeveral plantatioDB to deal in their behalf in the public dalns of the Commonwealtb lhall have the full power and voioea of all the aid

freemen derived to them for the making and eatab­liahlnl of lan, granting orlanda, etc., and to deal in all other aft'ain of the Commonwealth wherein the freemen have to do, the matter of election of· magia­tratM and other officers only ucepted, wherein every freemen is to give his own voice."

For tho election of officers the whole body of free­men met annually in the meeting-hoUle in Boaton, but at lat the inconvenience of thia arrangement waa found to be ao great that it W88 provided that Salem, Ipawich, Newbury, BaUgUl, Weymouth and Hingham might retain 88 many of their freemen at home at the . annual electlonl 88 the utety of the townl required, and that the votM of them might be lent by pro%f. A general law waa palled at a later date to the ame eft'ect applicable to all the freemen in all the toWDB.

Tbrough all thfle ohaugea auoh judicial power aa uiated W88 in thehanda of the Court of Allistanta. At fint the AaailtaDta and Deputiea met together. but in 1644 it W88 agreed tbat the two branchea ahould lit apart and that each Ihould have a negative on the other. Under this new arrangement the Governor' preaided in the Court of Aaaistanta alld the office of Speaker waa appointed (or the popular brancb, which bad now become a Court of Deputiea. In thil form tbe General Court became the model fioQm whioh the General Court of our own day took ita Ihape.

During the colonial period the Governon were: John Endicott, 1629, 1644 to 1645, 1649 to 1660, 1661 to 16M, 16M to 1665; John Winthrop. 1630 to 1634, 1637 to 1640, 1642 to 1644, 1646 to 1649; Thomaa Dudle;y, 1634 to 1635; 1640 to 1641, 1645 to 1646. 16tsO to 1661; John Haynel, 1635 to 1636; Henry Vane, 1636 to 1637; Richard Bellingbam, 1641 to 1642, 16M to 16M, 1666 to 1672; John Lev­erett,1672 to 1679; Simon Bradatreet, 1679 to 1686, 1689 to 1692. From 1686 to 1689 Joseph Dudley and Edmund Androa had juriadiction over New England b;y appointment of the King.

The Deput;y Governon were: Thomaa Dudle;y, 1629 to 1634, 1637 to 1640, 1646 to l6tsO, 1651 to 1653; Roger Ludlow, 1634 to 1635; Richard Bellingham, 1635 to 1636,1640 to 1641, 1653 to 16M, 16M to 1666; John Winthrop •. 1636 to 1637. 1644 to,1646; John Endicott, 1641 to 1644, l6tsO to 1661, 16M to 16M; Francil Willoughby. 1666 to 1671; John Leverett. 1671 to i678; Samuel S;ymonda, 1673 to 1678; Simon Bradatreet, 1678 to 1679; Thomaa Danforth, 1679 to 1686, 1689 to 1692. Daring the careen of Dudley and Androa, 1636 to 1689, there'-w88 no Deputy-Gov­ernor,

The aaaiitanta were: Humphrey Atherton. ,Samuel Appleton, Iaaao Addington, Simon Bradatreet, Rich­ard Bellingham, Robert Bridge&, Peter Bulkley. Wil­liam Browne, William Coddington, Thomaa Clarke, Elisha Cooke, Thomaa Dndley. Joaeph Dudley, Rich­ard Dummer, Daniel Deniaon, Thomaa Danforth, Humphrey Davy, John Endicott" Thom.. Flint Daniel Filher, Edward GibboDB, iohn Glover, Daniel

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MIDDLESEX COUNTY. ix

Gookin, Banholomew Gedn81, Elleha Hat.chiDlOn, John Humphrey, John H.ynee, A~erton Hough, Rotter Harlakenden, Wmiam Hibbenl, WilJi.m H.wthorne,' John HuH, John H.wthorne, Iaac Johnson, WilH.m JohnlOn, Boger Ludlow, Eliezer Lusher, John Leverett, Increue Nowell, Samuel NoweU, Robert Pike, William Pynchon, Herbert Pelham, John Pynchon, OUver Purchue, Edw.rd Roiaiter, Richard RllIIeIl, J oha Richardl, Samael Sewall, Thomu Savage, Richard Saltonltall, Richard Saltonltall, Jr., Thomal Sharp, lira:. Stoughton,

, William Stoughton, Samuel Symonds, N.thaniel Sal­tonstall, John Smith, Edward Trng, Peter Tilton. WiI­li.m VIUII&lJ, Henrr Vane, John Woodbridge, Fran­cia Wiiloughby, Thomu Wlggia, Silllon WiJlard, John Winthrop, John Winthrop, Jr.

The Speakei'll of the HoUle of Deputi. duri~g the lame period, beginning M.y 29, 1644, were: WiIIi.m H.w~horne, M.y 29, 1644. to October 2, 1646, M.y 6. 1646, to November 4. 1646. Mar 10, 1648, to October 18, 1648, May 28, 161SO, to October 15, 1600, May 6, 1657, to May 19, 1658, May It, 1661, to May 7, 1662: George Oooke, October 2, 1646, to May 6, 1646: Robert Bridg8ll, November 4,1646, to May 26, 1647: Joaeph Hili, M.y26,l647, to October 18, 1647; Ricbard RuueH, October 18, 1647, to Mar 10, 1648, October 18, 1648, to M.y 2, 1649, May 8, 16M, to May 28, 16M i May 14, 1656, to M.y 6,1657, May 19, 1658. to Hayll,l659j Daniel DenilOn, May 2, 1649, to May 28, 1650, October 14. 1651, to M.y 'ZI, 1652: Daniel Gookin. M.y 7, 1651, to October 14, 1651 j Humphrey Atherton, May 18, 1658, to M.y 8,1654: Edward Johnson, M.y28, 16M, to May 14, 1656; Thom.. Savage, May 11, 1659, 'to May 22, 1661; May 31, 1671. to May 15. 1672, May 24, 1677, to May 28, 1671; Thomu OIarke, May7, 1662, to May '1:1, 1663, May 3, 1665, to May 28, 1666, May 19, 1669. to May 81, 1671; John Leverett, M.y'1:l, 1663. to M.y~a, 1665; Richard,W.ldron, M.y28, 1666, to May 19, 1669, May 7, 1673, to January fS, 1673-74, M.y '1:1, 1674. to February n, 1676-76, M.y 28,1679, to February 4, 167~; Joshua Hubb.rd, January 6,1673-74, to May '1:1, 1674; Peter Blllkley, Febru­ary 21, 1675-:-76. to May 24, 1677 i John Rich .... February 4, 1679-80, to M.y19, 1680; Dauiel Faher. May ]9, 1680, to May 16,1683; .Eliaha Oooke,lIay ]6,1683, to May 7, 1684; John Wayt, May 7, 1684, to May '1:1, 1685; IIIUC Addington, May rT, 1685, to May 12, 1686; John Saffin, May 12, 1686.

The other oftlcen of lila Colony p~vided for M an earlr date were treaaurer, commi.ion8l'll of the Uni­led Coloni., lleCretary and beadle or m&l'llbal. The treuUrerl were: Richard Bellingham, May 17, 1637, and June 6,1689; Wm. Coddington, May ]4, 1634; Richard Dummer, May 25, ~686; William Pynchon, Sept. 4, 1632; William Tyng, May 18, 164O-June 2, 1841; Richard RllIIell,November13,l644; John Hull,

. llay 8, 1676; Jam. RUlsell, May 9, 1680; Samuel Nowell, May 11, 1686; John Ueher, June 1. 1686.

The II8Cl'stari. were: WllIiam Burges, choaen May 13,1629; Simon BradatrMt, 1680; Increue Nowell, JUDe 8,1689, Hay 18, 1640, June 2, 1641; Edward Rawson, May 22, 1650; Edward Randolph, Septem­ber 21, 1685.

The commi .. ionel'll of the Uniled Coloni. of Plym­outh, H .... chuaetta, Connecticut and New Haven were: John Winthrop, choaen 1648-46; Thomu Dudley, 1648, '47-49; Simon Bradstreet, 1644, '48-54, '~1, '63-67; WilHam Hathorne, 1644, '50-64, '78; Herbert Pelham, 1646; D.niel DenilOn, 16M-1S7, '59-62; John Endicott, 1646-48, '58; Thomu Dan­forth, 1662-79; John Leverett, IfJ68-69; William Stoughton, 1674-76, '80-86 i Joaeph Dudley, 1677-79; Peter Bulkley, 1682-88; Samuel Nowell, 1684-86.

The beadl. or m&l'llball, who were IOmewhatanal­ogoua to the Iherifti of the present d.y, were: Jam. Penn, appointed by the Court September 25, 1684; Edward MichellOn, who il mentioned in the records of the Court May '1:1, 1663, as having occupied the oflice II divers yeara;" John Greene, choaen May rT, 1681; and Samuel Gookin, appointed in 1691.

The above lists are confined to oflC8l'll appointed or chOlen after the Ma.achuaelta Company wu ee­~b1ilhfd in New England, and are inserted by the writer in thil sketch of Middleau County, togeLher with other mattei'll relwng to the early hiltory of the 0010n1, to show'the ground-work and foundation on which the counties into which the Colon1 became divided rested.

Untl11639 the whole judicial power rested with the Court of Auistanta. On lIle 9th of September of ' that yeu it wu enacted by the General Court that .. for as much as the bUlin8IIH of the ordinary Court of Alliristants are 10 much increued u they cannot bedeapatched In IDchaeuon u were'flt, it il therefore ordered that luch of the magist.ratel as uan r.lde In or near to Boston or an1 tive, four or thl:.88 of them, the Governor or Deputy to be one, shall have power to U88IIIble tOgether upon the lut fifth day of the eighth, eleventh, iecond and fifth mouths every year, and then and there to hear and determine all civil ca1l8ell whereof the debt or trespa. and damageslhall not exceed twenty pounds, aDd all criminal C&U88I

not extending to life or member or banilhment accord­ing to the conl'lle of the Court of A.i.tanta, and to lummon juri. out of the neighbor towns, and the marshal or nfctllll&rY officen are to give their atteud­ance as at other Courta."

It had been previouaJy bEen enacted on the 3d of March, 1~, that .. then lbaIi be rour 00III1I kept eft.,. qaaa1er-OH 11& IplWich. to wlllah Jfewlla.,. lbaIi beIoDl; two 11& Weal,' to wlllcll 8&0" lIIali be­Ioal; two 11& Jfewtowa to wllich Oharltoa (Ollarleltowa). Coaeord, II ... • ford aacI Wu.rtowa 1111111 beloq; roar 11& BoIIoa. to wlllall, Rozbar7. DorabeIMr. WeJlllOoth ead Blolbamlball belCHllo

• lift.,. or th_ .......... l1li be kept ..,. _h JIIIIIIrtnteI ......... be dwellioc In or a ..... tile _d tow.., and 1I,.IIOt'h other ,..,... or worth ..... all fIoom &1_ to &I .... be appointed ..,. tile Oeaeral Ooart .... 00

coart ... all be kept wlthoat 00 ............. 11& the I .... an4 that_ 01 the JII8It.&n- be aul_ ... woo .. aad win II&ta4 &be _e; .ret

,-

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x HISTORY OF MIDDLESEX COUNTY, MASSAOHUSETTS.

&h; Oeunl Court ..... I.ppoIDt wbloll of &he mactmat-Iball ...... 1' lIeloo, to 'ftI)' or &he laid court. Buch peno __ .hall be Joined_ -ca&eI to &he ........ ID &he laid 001II'& .baIl be ~D b, &he OeD· enl Court out of .. gnater Dumber of IUIIb _ &he ."enol &ow_ ..... 1 _1Da&e to &hem 10 _ than JDaJ be ID e.,er, or &he .1. court. 10

. _, _ (wl&h &he magbI&ra&eI) JDaJ mak. II". lu ell. or .... Ooarta ..... 1 tl'J ell 01,,11 _ wbmoor &he debt or damage ..... 1 uo& uaeed ten pouudI, and ell nrlmlnel ca_ uo& ~lnlllr .. _ber or benllh. _'-, And Ir &II, penon Iball lind hl-ar ..... .,.. wI&h tha _ .... or _, of &h'lIId court. ha UIIJ a"... to &he DOt ..... t quarter IOIlrt pro'fldad &hat he pat ID ... lnclent caution to ".eDt hie appMt ;,I&h er· reel and to abide &h •• Dtenoe of &he 1IIaIIItrat- In &he III. .... quar. ter court, who Ihall _ &hat elllIIOh &hat _II brlog &II, ........ wl&h. OIIt Jut __ be ezemp\arll, puDllhed.

II There ..... 1 be four .... Quarter Court. kept JI&ri, In DoItoD bJ tbe Oo"eJnor and &he nit or th.lftIIIIItrateI: &he lint, the line TaeedaJ In &he fourth _D&h, called June; &he _Ilel, ti" lint TaeedaJ In 8ep­tember; &he &Iolrd, tha II"" or......, III December; the r .. nrth, &he lint or ...... , ID &h ..... _D&h, called Jfarcb."

It muat be remembered that the auiatanta were called magiltratea, aDd therefore still retained after tbe above eilactmenta judieial power. On the 26th of May, 1636, the (ollowing magiBtrates and other per­IOns were appointed by the General Court to hold the courts referred to in the above enactment of the pre­viona March, to wit: For "Salem and Saugua, John Humphrey, John Endicott, magistratea or aaiBtanta, Capt. TurDer, Mr. Scroggs and Mr. TOwnseDd BiB­hopp, a8lOCiates; for Ipawicb and Newbury, Thomll Dudley, Richard Dummer, Simon Bradstreet, magis­trates, and Mr. SaJtoDsta11 and Mr. SpeDcer, ~­ates; for Newtown, Charlestown, Medford and Con­cord, Jobn Haynes, Roger Har1akenden, Increue Nowell, magistrates, and. Mr. Beecher and Mr. Peakes, auociatea; for Boston, Roxbury, Dorchester, Weymouth.and Hingham, Richard Bellingham, Wil­liam Coddington, magiatratea, and Iarael Stoughton, William HutchiulIOn and William Heath, &IIIOciates.

On the 6th of June, 1639, it WII enacted that "for the more Ipeedy diBpatch of all eaules .which ahall concern Itrangers who cannot ltay to attend the ordi­Dary courtB of juatice, it is ordered that the Goveroor or Deputy, beIng auilt.ed. with any two of the mag­istrates (whom he mar call to him to that end), ahall bavepotNt" to hear and determine (by 1L jury of twelve men or otherwile, aa il used in other court.) aU eauses which Ih"ll ariBe between auch strangers or whereiD an1such atranger shall be a party, and all recorda of lucb proceedingB shan be tranamitted to the aecretary (except himself be one or the magistrates who ahall ... ist in hearing sucb cauaes). to be entered as trials in other COUN at the charge of the parties. Thia order to continue till the General Court in the leventh montb come twelve month and no longer."

These various euactmenta show the condition of goveromental affairs and the diltribution of judicial powers at the time of the divilion of the Mauachu­setta Colony into counties in 1648. On the 10th of May in that year It 11"11 enacted "tbat the whole plantation within this juriBdiction ia divided into four shires.

"Rues ihire-Balem, Lynn, Enon, Ipswich, Row­ley, Newbury, Gloucester and Chochicawick.

"Al"~-Charleatown, Cambridge, Watertown, Sudbury, Concord, Woburn, Medfoid, Linn Villagts.

"StfQ"oU-Boston, Roxbury, Dorchester, Dedham, Braintree, Weymouth, Hingham, Nantaaket.

"NorfoU-Baliabnry, Hampton, Haverhill, Exeter. Dover, Strawberry Bank." .

In order that ~he reader may not. be misled U il proper to atate that the Norfolk CouDt1 II. above formed was extinguished by tbe General Court on the 4th of February, 1679-80, after New Hampahire be­came a royal province, and ita Maaaachuaetts townB were annexed to Easex County. In Middlellelt County the toWDB forming it were incorporated or rounded II

follows: Charleatown, June ~4, 1629; Cambridge. Sept. 8. 1633 ; Watertown, Sept. 7, 1680; Sudbury, Sept. 4,1689; Concord, Sept. 2, 1635; Woburn, May 18,,,1642; Medford, Sept. 28, 1680; Linn Village, which was incorporated 88 Reading after the county was (ormed, May 29; 1684. Of these, Charlestown WII iucorporated II a city February 22, 1847, and annexed to Boston May 14,1873 ; and Cambridge was incorporated II a city March '17, 1846.

In Essex County, Salem W88 incorporated June 24, 1629, as a town, and II a city March 28, 1831; Lynn

. (formerly Saugus), Nov. 20,1637, lIa town, and II a city Apri110, 1850; Enon' (now Wenham), was incor­porated May 10, 1648; Ipawich,. Aug. Ii, 1684; Row­ley, Sept. 4, 1689; Newbury, May 6,1686; Gloucea­ter, .i a town )Iay 22, 1639; as a city May 26, 1871 ; and Chochicawick (now Andover), May 6, 1646.

In Norfolk Coun'y, Salisbury was Incorporated Oct 7, 1640 j Haverhill as a town in 164li, and II a city March 10, 1869. Hampton, Enter, Dover and Strawberry "Bank (now PortBmouth), were included within thellmita of New Hampshire.

In Suffolk County, &aton WII incorporated as a town Sept. 7, 1630, as a city Feb. 23,1822; Roxbury, II a town Sept. 28, 1630, 88 a city March 12,1846, annexed to Boston June 1,1867; Dorcheater, Sept. 7, 1680. annexed to Boston June 4, 1869; Dedham, Sept. 8, 1636; Braintree, May 18, 1640; We1mouth, Sept. 2, 1686: Hingham, Sept. 2, 1686; and Nantu-1ret (now Hu))), May 29, 1644.

When the present Norfolk County WII incorpor­ated, March 26; 1798, all the towns above mentioned in Suffolk County, except Boston, were included in the new county. Hingham and Bull, beiDg diBaatilfted with their new connection, were lubaequentJy, at the same lM8ion of the General Conrt, exempted from the act ot incorporation, aud were flna))y annexed to Plymouth County.

In addition to the towna above mentioned II a part. of Middlesex County. Acton W88 incorporated July 3, 1786; Arlington, February 'rI, 1807 (uame changed from West Cambridge, April SO, 1867); Ashby, Marcb Ii, 1767; Ashland, March 16,1846; Ayer,l!'ebuary 14, 1871; Bedford, September .28, 1729; Belmont, March 18, 1869; Billerica, Hay 29, 16M; Boxborough, Feb­ruary 26.1788; Brighton, February 24,1807; Bur-

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MIDDLBBEX COUNTY. xi

lington, Febru&r7 28,1799; Oarliale, April 28,1780; Chelmllford, Ma,. 28, 1656; DraCDt, FebrUary 26,

• I~ t1701; DunBtable, October 16,1673; East Sudbury, April 10, 1780 (name changed to Wa,.land, March 11, 1886); Everett, March 9, 1870; Framingham, June 25,1700; Groton, Ma,.25, 1656; Holliston, Decem­ber 8, 1724; Hopkinton, December 13, 1711>; Hud­IOn, March 19, 1866; Luington, March 29, 1712; Lincoln, April 19, 17M: Littleton, November 2, 1714; Lowell as a town, March I, 1826 (as a city, August 6, 1886); Malden 88 a town, Ma,. 2,1649 (88 a cit,., March 31, 1881); Marlborough, Ma,. 31, 1660 ; Maynard, April 19, 1871; Melrose, Ma,. 3, 1850; Natick 88 a district, in 1762 (88 a town February 10, 1781); Newton 88 a town, January 11,1688 (M a city, JUDe 2, 1873); North Reading" March 22, 1853; PepperelJ, April 6,1758;. 'Sherborn, May 27, 1764; Shirley, 'January 5, 1758; SomerviUe 88 a town, March 3, 1842 (8S a cit,., April 14, 1871); 'South Reading, February 26,1812 (name changed to Wake­field, ' June 30, 1363); Stoneham, December 17, 1725; SlOW, May 16, 1683: Tewksbury, December 28,1784; TownBead, June 29,1732; Tyngaborongh R8 a dis­trict, June 22, 1789 (88 a town, February 23, 1809) ; Waltham 88 a town, January 4, 1787 (88 a city, June 2,1884); Wayland, April 10,1780; Westford, Sep­tember 23, 1729; Weston, January 1,1712; Wilmlng. tou, September 25, 1730; Winchester, April 30, 1850.

The town of Acton contains apart of Concord; Ar· lington of Cambridge ; Ashby of Townsend, Fitchburg and Ashburnham; Ashland of: Hopkinton, Framing­ham and Holliston; Ayer of Groton and Shirley: Bedford of Billerica and Concord; Belm9nt of Arling­ton, Watertown and Waltham: Boxborough of Stow, Harvard and Littleton; Brighton of Cambridge ; Bur-

I lington of Woburn. Oambridge h88 had annued to it parta of Oharleatown and Watertown; Oarlisle of Concord, Acton, Chelmsford and BlJlerica. Charles­town has had annued' to it part of Medford; Dun­stable of Groton; Everett of Malden;' Framingham of Romston; Groton of PeppereJl; Holliston of Sherborne; Hudson of Marlboro', Bolton and Stow; IA)xington of Cambridge and Burlington; I.incoln of Concord, Lexingtoli and Weston; Lowell of Chelms­ford, Tewksbury and Dracut; Malden of Medlord; Marlborough of Framingham and Southborough; Maynard of Stow and Sudbury; Medford ot Malden e.nd Everett ; Melrose of· Malden and Stoneham; NMick of Sherburne; Newton part of Boston ; North Reading of Reading; Pepperell of Groton; Shirley of Groton; Somerville of Charlestown; Sklneham of Charlestown: Tewkabury of Billerica ; Tyugaborough of Dunatable ; Wakefield of Reading; Waltham of Watertown 'and ' !( ewton ; Wayland of Sudbury; Weatford of Chelmaford; . Weaton of Watertown; Wilmington of Woburn and Reading; Winchester of

. Woburn, Medford.and West ~bridge. . A large Part of Middlesu Oouuty in the earliest

colonial times w.. occupied by two Indian nationa :

the PawtuckefB and the M88II&Cbusetle. The Maasa­chnsetta, whose chief aachem W88 Chikataubut, had been a powerful nation and occupied a territory u­tending from Charlea River on the north and west to Weyworth and Canton ou the IOUth and eaat. At ~he time of the arrival of Winthrop its numbera had much dimini.hed, having Buffered from the aame lCOurge which had carried off the tribes in and about Plym­outh in 1616, and from the effects of which it had never recovered. The Pawtucketa extended from Charles River &8 far as Piscataqua on .the east, and Concord. New Hampahire, on the north. Their nation included the Pennakooka or Concord Indians; the Agawomesor Ipswich IndianB; the Naumkeeke abont Salem; the PucataWRYes and Acoomentu at York, and along the COBBt of Maine. Tbe .. chem of the Pawtuckets W88 Nanepashemit, or the New Moon, who lived in the neighborhood of what is now Lynn. In 1687 the &quaw sachem or wiciow of N anep88hemit, who had continued hia government, couveyed to the Englim a large tract of land; and in 1689 a tract ot land, whieh is now within the limif.a of Ola~leatown and SomervilJe, W88 conveyed by her to thetowD of Charlestown. In 1644 she, with other aachema, aub· mitted theDiBelvea to tbejurisdiction ofM88I~husetta.

Bince the incorporation of thfl (,.Gunty the following changes in the county lines have been made: The in­corporation ot the town of A.bby, March 6, 1767, took a portion of Aabburnham and Fitchburg, in Worceater County; the incorporation of &xborough, February, 25, 1788, took a portion of Harvard, in Wor­cester County. The annexation of Charleatown to 8o8ton, M.,. 14,1878, and tbe annexation of Brighton to Boston, May 21, 1873, added those places to Buffolk County; the incorporation of Harvard, in Worcester County ~ gave a portion of Groton and BlOw to W or­~ter; a part of Holliston was annexed to ·Milford, in Worcester County, April I, 1~9; the incorporat.ion of Upton, in Worcester County, June 14,1785, gave a part of Hopkinton to Worcester; th~ incorporation of Bolton, June 24, 1788, Northborough, January 24, 1766, and Southborough, July 6, i727, gave a part of Marlborough to Worcester. There were lOme de6ni­tiona of town boundaries which may have aUghtl, changed the county lines. These were the lines between Holliston, Hopkinton and Medway, March 27, 1886; between Natick. and Wayland, April 20, 1850; between North ~ing and Lynnfield, May 27, 1857; between ~akefteld and Lynnfteld, April 2, 1870.

Middlesex County, of which Cambridge and Lowell are the mires, ia situated in the northeaat central part of M88II&Chusetts, and h .. an area of a little more than eight. hundred &quare miles. . It ia bounded on the north by Easei County and the State o~ New Hamp­aMre, on the eut by ~ and Su1l'olk Counties, on. the lOuth by Norfolk County, and on the west by Worceater County. It is watered by the Cbarles, Concord, Merrimack and Naabua Riven and aeveral

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xii HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

smaller streaml. and II 10 thoro11lhly lntenected by railroadl as to make Bolton easily acceeaible to almOlt every town. The bDlineu of tbe countr Ia chiefly manufacturing and agricultural. though the latter interest. il Ibowing Iymptoml of a poeit.ive decline. Harket gardening baa targel,. increaaed in the toWBl near Bolton. and tbie branch of agricnltural industry never wu more proeperoue than to-day. The field of itl activity haa been pUlhed. however. Cart.her from the city u t.he city groWl and available landa near its Iimita become needed for residencea of city bUlineu­men. The CODVemOn of farms into town Iota haa largely enhanced their value and made owners who for many yean Itruggled for a livelihood men of wealth and eue. The following list. shows the popu'­lat.ion and property valuation of each town accord­ing to the ceBlus of 1885 :

,10 •• " .... 10 •• ".1.. Aet.oa ••••• 1186 Il,J'II,tM IfaJDUd I'JIII .,0Ja,611 ArlillatoD ••• UTa 1,1se,180 Kedtord tICKI 8,86O,I'lj ,w,bJ .... ITI jI1.C1'J9 .... -.... 1101 f,1lIO,1T3 ,w,1uI4 ... saa ,1.lTo,l86 Kadel< ••• I

..., II.Uo,TaII A7er ••••• 1180 1.I0Il.801 K •• loa •••• 111.1l1li 1I,84O,1M Bedford •••• taO 1II1.1111t Kolib BoedIDI ITI IIOO,IIM Belmollt ... 18811 8,'" •• Pep"",I ••• tIlT l.jtT,III1 Billerica .. . 1111 l,eao,.1 ..... 1111 , .. 8UfI l,al,llD BosIIoIOlllb . IM8 180,081 8berllona ••• 1381 ITC.ODD Barllllpoll •• 1M W,BM Sblrl·7 .... llCl TaC.lM Ouabrldp • • l1li.8611 l1li,1113,280 S-rvllle •• _.tTl ... -(larUeI., ••• 1128 'l1l1I._ 1Moaebam ••• liliiii 8,1118,1110 Cb.b ... tord •• 1801 1,111._ Sto •••••• tTl 1,081,133 ODIlconl .. . aT2T 8,IIIII,CI1 BuclblU'J' ... 1186 1.108.M1 Dnoat •••• 11111 1 ••• 9111 Tewbbal')' •• lI33a 1,8'18,111 Da ........... al 8111,lIOI T __ nd ••• 1 .. 1 1.0111.-.. erett: •••• .... 1,408,31. T,apboroalh • 80C 3IS,'118 ~llIabam • 82'16 "I".IIM WalI:.a.ld ••• 8080 C,CIIT,8GI OIllloD •••• lIlT 8,1se,j:ld W"lham ••• te ... 11,1118,881

'Bolllltoa ••• .. 1.161.9'13 Watertown •• ... ·1.00T.881 BopldlltoD •• ana 2,100,138 w...,land ••• 1 ... 1 .... 326 Had80Il •••• - I,1000j,., WoeItonl ••• 1111S 1.131.0lIl LulqIon .. 1111 8,011,113 w_ .... lCl1 l.al.08II LI_III •••• 801 1,291.113 WllmlaatoD •• 881 110,'7CIO LlItletoa ••• 1011 818,_

WI ___ •• C3IO . .,.1j, '118

Lowell •••• ,.,lar M .... IIOS Wobana ••• 11.1110 8,188,111 )(aIdeD • • • • 18,407 U,OI,,_ lIar1bonMap • 10,"1 .,W.3I1 aIIT.3U 31&,011.11111

In 1643, at the time of the Incorporation 9f Middle­leX CounLy. aa, haa beeu atated, the judicial power wu vested in the Gcmeral Court, tho Court of Aulat.­anti (or Great Quarter Court). the Quarter CoUN aud the Strangers Courts. AfWr t.he formation of the county the above COUN continued. thongh the Stran­gers' CoUN were modified, and the Quarter Courts in t.heir respective countiea were called County orlnferior Quarter Court&. It had allO been provided before the aboye date. by an act puaed September 9. 1639, that recorda be kept of all willa, admiDBtrat.ioBl and inven­tories of every marriage, birtb and death, and of all men. bouaea and lands. It had before the 18lt date been provided, by a law paeaed April 1, 1684-II tbatthe ~ UId 'oar or more or llae chief lahabllaDfa or • ....,. toWD (to be __ bJ all the '-ell llaere at _ ... IDI thue) • • 11Ia aha IMhlea or _ OlIO or ..... or the DOsl ............... 11 mak. a aam,lq ot Ibe b_ ............ -.an.l .... IUGwlal lJ'OIIad. UI4 other ianell 1III,",,,ed or I~ or panted b, IJIeCIal orden ot aha

-rt. 01....,. fne lahabilUt tbue, aDd ..... 1 .ater aha _Ia a book (1aIrIJ' .rtttea III wOJda at leqtla IIIId aot Ia ap_>. .11b Ibe .. oral boaDdIoUld ,_UII. bJ 1Ia ....... eltlmallon, UId ... 1111 4111" .. a tIUl· -Spt lIa.not lato llae -.& wlllaia IIx IIIOIIlh11 __ t -'alt UId aha _10 ateNcl UId -.led ..... 1 be a lIlIIeleDl __ to .".,. aaeb fne lahabltaat, b .... d th.lr hllln UId ......... ot IIICb ...... or Ia-berllaDoe or _ 1b.7 lball haft la IIDJ' .. eb b-, IaDdI or r ..... k toD-_II. The Uke _ lhallbe takea 'or_n_ ot ,,11 h_ ... d town loa. otall .. oh _ ...... be b-'ler eatr&Dob ...... UId • ....,. aI. or paDt or aaoh ~ or loII_ ...... be froID time to ti_ ateNcl lato 1Ia. aid book b, 1Ia. aid OOIIIIIable ... d toar lahabllUfa or their _ _ (.bo IbaII be .ull aapplled apoa deaUI or _'fall. for .blcb elltl')' tbe parchaan ..... 1 1'117 11111'11- &ad 1Ia. like 811m b- II cop7 1Ia-r aDder the b,,"" of the aid eaneyon or three or th_."

.A further proYision of law concerning landa and titlea waa made ou the 7t.h of 'October. 1640. 81 fol­Iowa:

.. WeIr II\'OIcIIq .. 1 fraDdalat GIIJIft,.ao.. UId that ."01')' .,... a..., Imo •• bat ...... or IlIlenIt other _ mIIJ' ha"e IUIIJ' ...... Iudl or other b ...... ....., .. aha7"'to deal III, It Ie there-ton cmIend !bat after tIit .114 0' the _1Ia DO IIIOI1pp, bupla .... or paDt Il.-n.r to be made ot "'7b.-. laa.... rea.. or other benclllUDeau, ... alI ... otfo ......... _ ... , other .. ..-.' except 1Ia. paDlGr IIIIIi bla beln, aD'" aha __ be reeorded _ '" b_ after .. ...-oJ; and that 110-'> barp!a ..... orpaDt IIIrW' .... 1a .""ot mortpp.herethepaDlGr ........ la.-loa, ...... be oft_ .......a' oth .. bat 1Ia., ..... tor or bll bel ... uoapt the .me ..... 1 be .alered _II b....tler .~ .Ilbln 011. mOlltll after 1Ia •• ad ot Ib'" -rt, It 1Ia. part, be wlthlll llala Jarl8dlctloll, or .... Ithla llane moatha .n. h. IhaU retarD. ADd It 11117 .. eb paDlGr. .10., be reo ,aired bJ the paD ..... 10.. to mak .... ack_ ........ at ot IIDJ' paDt, eto., bJ him .-d ....... 1 retMe 10 to do, 1t ..... 1 be III the po.er of UI7 mqIItrate to ....... tor the I'IIrty lID retlIIIDI UId _It him to prfIOa, wlllaOllt ball or mllJ'DOprfoe. nlll be IhaII adtao.ledp the _

.. Alld the paDleo .. to a .. r hill caatioa .llb 1Ia. _nter. UId th'" Iball.". hlliatonll. la the _U_; UId If It be doDbttIIl .betber It be the deed or IJUIt ot the pIII'tJ .... 1haI1 be boDDd willa aarell .. to tbe ItGt DIllIn UId 1Ia. caatloD ...... remaiD aoo4 _ aror-Id.

.. ADd for _nil.,. of .. I IDCh be ........ eto., 1& Ie Caliber ordeNd that llaere ...... be ODe appointed at Ipnrlcb. b- wblch JIl'. Bamaal 87-1110II1II '" 00- tor llaat court to eater .. I .. eb bupI .... IIIIee, ...... ot 1111 ............ wlthlll 1Ia. Jnrl8dlclloa ot lIa.t COlIn; UId JIl' ........ aelI Do.Iq" __ a III Uk. part tor 1Ia. JarlelllctloD of the aoart or 8alem ; ,,1141111 th .... to be eatond bJ IIr. Bwpb.a W1athrop, the --.. of .........

This condit.ion of things of coone ceued on the for­mation of counties in 1643, and then the clerk of the court in eacb county became the recordeJ: of deeds.

After the incorporation of the counties n wu pro­vided by law that" there shall allO be county COUN held in the leveral counties by the magistrates living in tbe respective couut.ies. or any other magistrates that can at.teud the aame. or bylUch magistrates 8S

the General Court &hall appoint from time to time, together with aucb penonl of wealth. where tbere shall be need. 81ahall from t.ime to time be appointed by the General Court (at the nomination of the free­men of the county). to be joined in commiBBion with the maglatratel 80 that they may be five in all. three whereof may keep a court provided tbere be one maglatrate; .every of which COUN &hall have fllll power to bear aud determine ,all cauaea civil and criminal not extending to life, member or banlsbment (wbich, with c&uaea of divorce. are reeeryed to tbe Court of Auistanta). and to make and conltitute clerka and other aeedful officers and to lummon juries of inquest and trial. out of the town. of the county." Theae

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MIDDLBBEX OOUNTY. xiii

County ConN, besides th~ jurisdiction given to them, in the preceding law, retained that which had been held by the Inferior Courta before the formation of counties. ,-

On the 6Lh of September, 1688, another cl_ of courts w.. established which continued after the counties were formed. At that date it w .. ordered "that for avoiding of the countY'1 charge by bringing email caueea to the Oourt of A .. i8taota that any mag­ietrat.e in the town where he dwell may hear and de­termine by his diacret.ion .11 caulea wherein the debt or trtapau or damage, etc., doth not exceed twenty Bhilling&, and in IUch town where no magistrate dwelll the General Court shall from time to time nominate three men; two thereof Bhall bave like power to hear and determine alllucb actionB under twenty ehillinp; and if any of the parties Bhall find tbemeelvee grieved with anYlucb end or sentence, tbey may appeal to the nut Quarter Court or Court of AIIlatante.

II And if any penon Iball bring any lucb action to the Court of AIIlltaota before he bath endeavored to ha,e i, ended at home (u in thia order is appointed), he Bhalll08e bia action and pay the defeudant'a co.a"

It waa further eaacted in 1647 and 1649, for the purpo!l8 of more clearly defining and enlarging the juriadlction of this peLty court, that" any magiatrate in the town where he dwe1la may hear and determine by biB diacretion (not by jury), accordiug ~ the lawa bere eatabliahed. all cauaea ariling in Utat county wherein the debt, treepaaa or damage doth not exceed fORY shUlinp, who mayaend for parti. and wi~neaaea, by wmmonB or attachment directed to the marahal,or conltable, who ahaU faithfully execute the aame." And" that in wch towna where no magiatrate dweUa the Court of Alliatants or County Court. may from time to time, upon requeat of t.he aaid town lignified under tbe hand of the cooBtable, appoint three of the freemen aa commiaBione1'll in lucb C&IeB, any two whereof .. hall have like power to hear and determioe all luch caUI8I wherein either p~ ia an inhabitant of that town, wbClhave hereby pOwer to eend for par­tiea and witueBleR byaummoua or attachment directed to the conatable, 88 alaO to admioiater oat.ha to wit· nelBel and to give time to fobe defendant to anawer if theyaee cauae; and lfthe'party aummoned ref'uae to give in hia bond or appearance, or aentenced refuae to give aatlafaction where no gooda appear in the aame town where tbe parLy dweUa,'they may charge the oonatable with the party to carry him before a magia­trat.e or ahire court (if then litting), to be further ploceeded with according to law; but the aaid com­miaeionera may not commit to priaon in any cue. And where the parties linin aeveraJ towna tbe de­fendant ahall be liable to be aUed in either town at the liberty of the plaint.iff."

. And "that in all amall cau .. 88 aforeaaid, where only one magietrate dweIJa in the town and the cauae

, concerna himll8l1, 88 &lao in lucb toWDB where no mag­utrate la, and the cauee concern, any of the three

commiulonera, that in auch caaea the ae1ectmen of the town Bhall have power to bear and determine the Bame, and alao to grant execution for the levying and gathering up auch damagee for the uee of the penon damnified aa one magiatrate or t.hrae commiaBionera may do. And no debt or action proper to the cog­nizance of one magiatrate or the three commiaBion81'll lUI aforeaaid aball be received into any county court but by appeal from wcb magiltrate or commiuion81'll, except in C&IeB of defamation and battery."

The eelectmen were alao autborized to try ofl'encea againat thl'ir own by-Iawe where the penalty did not' exceed twentyahillinp provided t.he oJl'ence wu not, aa it. 19M calJed, a criminal one.

Up to the year 1685 the judicial ayatem of the Province of Muaachnaetta continued aa baa been above narrated. Fint, there waa Lhe Gent-ral Court, with legialative powera and a limited appellate jurie­diction from the Court or Auiatanta; aecond, tbe Court of Auiatanta or Great Quarter Court, with ex­clnaivejurladiction in all criminal cuea involving life, member or bani8hment and concurrent jurisdiction with the Countr CoUN in civil C&IeB invol,ing not more than one bundred pounda and appellatejuria­diction from the County Courta; third, the Countr Courta or Inferior Quarter Collrta, with juriadiction in civil and criminal caaea, escept caaea of divorce and C8I8I involving life. member or baniahment, having power to aummon grand and petitjuron'and to appoint tbeir own clerb and other neceaaary om· cera, to layout. highwaya, licenae taverna, aee tbat a proper miniatry waa lupported, and bave general conWoI of proba~ mat.tera, prove willa, grant admin­iatration, record deeda and mortKagea and have ap­pellate jurisdiction from the Oommiaaionera' Courts i fourth, Btrangera' Courts held at firat by the Governor or Deputy-Governor and two magietratea, or in the abeence of the Guvernor and Deputy, by three'magi8-·tratea, with the aame juriadictiop M the Oounty Courts ao far 88 Itrangere were concerned. and wboaejudg­menta, were final; fifth, Commiaaion81'll' Courta, and auth, Selectmen'a Courta. '

On 18th of June. 1684, a judgment vacating the char­ter of tbe Pro'inc~ of Maaaacbuaetta Bay W88 iaaued, and a copy W88 received by the Oolonial Secretary, Edward RawlOn, on tbe 2d of July of the next year. JOieph Dudley w.. tberenpon appointed by tbe King, Preaident or Maaaacbuaetta, Maine, New Ramp­ahira and tbe Nanaganattt country, &ad received hi. commiaBion May 15, 1686. The King a1ao appointed u membera of t.be Council, Simon Bradatreet, Robert Muon, John Fits Winthrop, .lohn Prnchon, Peter Bulkley, Edward Randolpb, Wait Btill Winthrop, Richard Wharton, John Uaber, Nathaniel Baltonatall, . Bartholomew Gedney, Jonathan Tyng, Dudley Brad­atreet, Jobn Hincb, Francis Champernon and Ed­ward TrDg; of wbom Simon and Dudley Bradatreet, Nathaniel Baltonatall and Francia Cbampernon de­clined. The Pl'flIIideDt and Council poaaeaaed no leg-

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;\

xiv HISTORY OJ!' MIDDLESEX COUNTY, MASSACHUSETTS.

islative power, except to establish Buch COUN as might be neCftlB&l'1. They were a court 01 them­Belves and had authority to appoint judges. They establiBhed a Superior Court with thrl!8 .elBion8&year at Boston, and "Courte 01 Pleaa and SeuionB of Ule Peace" in the Beveral counties. The pre.ident as­.umed probate jurisdiction, but in BOme counties ap­pointed judges of probate. William Stougbton W&8 appointed to preside in tbe County Courts of Middle­IU, SufY'olk and EBBex, and John Richards and Simon Lynde were appointed loIIBi.tanta. The appointments

• were made July 26,1686, and appeals could be had from these courts to the PreBident and Council. Be­fore tbe year 1686 had expired, Edmund Andros ar­rived in Boston, on the 19th of December, and, .B Governor,aBBumedjurl.diction over the wbole of New England, including the Plymouth Colony, which W&8 not included in the commiyion of Dudley.

He appointed thirty-nine members of bis Council, and be assumed for the Govemor and Council the excluBive power of making and executing the laws, • ubject only to the royal approval. He gave to jUB­tices of the peace civil jurisdiction in cases not afY'ecting lands and not involving a Bum exceeding lorty shillings. He establiBhed the .. Quarterly BenionB Court," held by the Beveral jUBtices in their respective counties, and" the Inferior Court of Com­mon PIe..," to be beld in each county by a Bingle judge &BBisted by two or morejUBtices of tb& county. Their jurisdiction W&8 limited to cues involving BumB not exceeding ten poundB, and no qU8ltion of free­hold except in .Boston, where the limit W&8 twenty pounds. He establiBbed, flnaUy, a Superior Court of Judicature, in wbich no action could be begun in­volving leas than ten pounds, unlesa it concerned a question of freebold, and thi' court was to be held in Boston, Cambridge, Charlestown, Plymouth, Bristol, Newport, Salem, Ipswich, Portsmouth, Falmouth (Portland), Northampton and Springfteld. Joseph Dudley W88 appointed chief JUBtice of this court.

The act establiBbing these courts W&8 PlU!8ed by the Governor and Council March S, 1687. Though the judiciary By.tem th\lJl establisbed. W&8 a complete re­versal of the old court .YBtem, it W88 a v~t improve­ment on tbe old and became the model on which the judicial Bystem under tbe Provincial ·charter W&8 finally .baped. A Court of Chancery W&8 alao created with full equity powers, to be held by the Govemor or lly a chancellor of his appointm4Ylt, to be .... i.ted by five or more of toIle Council. Special Courts of Oyer and Terminer were alBo created for the trial of ofY'enden. The Commi88ioner.' Courts were retained. Appeals lay from the Quarter SeaaionB and the Court of Common Ple&8 to the Snperior Court, from the Superior Court to the Governor and Council, and lrom the GovGmor and Council and the Court of Chancery to the King.

Tbe Superior Court W&8 organized witb Joseph ~ley, chief JUBtice, and William Stought9n and 1\

Peter Bulkley BBBOCiatea. At & later time Samuel . Bhrimpton, Simon Lynde aDd Charles Lidget are mentioned 88 having.at &8 UBOCialea. John Palmer Bat &8 chief jUBtice in 1688. The courts, bow ever, during the adminiBtration of Andros were mere mockeriea of justice. As the .upple tool of a tyrant, his whole career while Governor Berved to eX&8perate the people and to lay one of the Btones in the founda­tion of a Btructure which W88 destined,ounder the preBBure of tyrannical hand., to become a free and in­dependent repubUc. When tbe news of tbe landing of the Prince of Orange in England reached Boston, a. revolution broke out on° the 18th of April, 1689, and Andros WIUl Beized and impriBOned. In February, 1690, he W&8 Bent back to England, and in 1692 W&8 appointed Govemor of Maryland and Virginia. From this l&8t poait.ion he W&8 removed In 1698, and, return­ing home, died inoo l714. After the overthrow of Audros and hiB government the old judiciary Bystem wbich bad existed under the charter W88 resumed, and continued in operation until the union of the Colonies, in 1692 •

On the 7th of October, 1691, a new charter W&8 i88ued, which embraced MaBBachuaettB, Plymouth, Maine, Nova Scotia, with intenening territories, to­gether with Nantucket and Martha's Vineyard, whicb bad previonaly belonged to New York, under the name of the .. Province of the MuaachuaettB Bay in New England." This charter reached Boston on the 14th of May, 1692, and under ita provisionB the gov­ernment conaiated of a Govemor, Deputy-Governor and Secretar1, appointed by the King and Councillors, chosen by the General Court, and a Houae of Repre­l58otativea, ch088n annually by the people. The Gov­emor had the pow.r of veto, and all acta and elec­tion. by the General Court mUBt, in order to be ° valid, receive the approval of the King. The General Court W88 authorized "to erect and con8titute judica­tories and courts of recordB or other COUN," and the Governor and CounCIl could appoint judges, BheriftB, ju.tices of the peace and other officers of the courts. The charter gave to the Govern!)r and Council the control of probate mattera, but t.l1l. control W&8 dele­gated by tbem in each county to "judges of their IlP­potntment. No judicial power remained tn the hand. of tbe General Court, &8 under the colonial charter. The flrat court organized under the new clwter W&8 a Bpecial Court of Oyer and Tenniller, created by Wil­liam Phipps, the first Provincial Governor, for tbe purpose of trying perBOnB cbarged with witchcraft. On the 2d of June, 1692, the Govemor I.ued hi. commiyion appointiog William Stougbton cbief justice; Nathaniel SaltonBtall, John RichardB, Bar­tholomew Gedney, Wait Winthrop, Samuel Sewall oand Peter Sergeant, UBOCiate jUBtieea; Stephen Sew­all, clerk; Thom&8 Newton, ~mey-general, and George Corwen, BherifY'. Nathaniel Saltonetall de­cUned, and Jonathan Corwin W&8 appointed in his place, and Thom&8 Newton wassucceeded u attorney-

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MIDDLESEX . COUNTY. xv

general on t.he 22d of July by Anthony Cheekley. Nathaniel Salton.t.a11 seem. to have been a man of eagacltyand prudence. He had declined to.lerve &8

a member of Dudley'. Councn, and ,now evident.ly avoided t.he preearioD8 complicationl of the prevai!­iog witchcraft mania. The fint meeting of thil court. waa at Salem, on the 2d of June, 1692. Ita Il1bsequent meetings were on the 28~h of June, the 3d of August, and 9th and 17th of September, afterwhieh the court. diaaolved.. Durin, t.hia period nineteen penonl were tried, condemned and hung for witchcraft, and one waa preiaed'to death. There il not.hing in the history of New England eo revolting aa the record of this court. That men like Samuel Sewall, called by hie eulogista a man of IC learning, integrity and piety," Ihould have been carried away by IUch an inratua­tion impr .... us with the conviction t.hat human na­ture, in all, the C8nt.uri., is the same, and that. what. are called the barbarities of a dark age can be fully paralleled by the atrocities of an .ge ofbouted civil­ization. If we seek an apology for the mania it i8 poeaible that we may find a Ihadow or one in the fact t.hat our fathers believed in the verbal inspiration from God of the Scriptures which inculcated a belief in witchcraft, and which declared, in the 18th vene of the 22d chapter of Exodus: II Thou lhalt not luWer a witch to live."

The fint meeting of the General Court under the new charter was held on the 28th of June, 1692. Ita first act waa t.he following, continuing the localla"l to ltand in force till November the 10th, 1692 :

.. Be 1& OIdend lUIil eDIICted .., Ibe Go.et'DOI'. Coaaell and Be~t. u_ CODftDtd la QeMftl '-lDblJ. and It II bereb, onIend IUId ell­acted b,lbe ... lborllJ oItho _. &bat all lb. I-' Ian r.pectIftl, orclend IUId made .., lb. lat. Go ..... or and colDpaa, 01 ti,. M-aau. ..u. Bq'" lb. late IOnnlD8Dt 01 lI.w PI,_ulb belnl not NJ11l1' "Dt to th. Ian 01 BDII ... d. DOr luco ...... Dt with lb. pneeDt col!ld. tulloa IUId lOUlemeDt b, tbelr II1I\I-- ro,al charter, do remaiD IUId _tlnue ID lull 10 .... 1a tho IWI(IIICIUft ,...,.. lor wblch Ib., _re _d. and ...... uDUIIb. loatb cIa.J or NOftmber IlUt; except In _ wbere other pIOYlIIoD Ie or .... 11 ......... b, Ibll _ or ~I,.

.. ADd all PI- .... requlnd to _1_ tbeII1le1 __ nlIDII,:

... d lb ..... ral jltltl_ .... bere.., _po_nd to the execatioD 01 IeId

Ian .. thelllll&lltnt_ '0I'IDII'I7 _" -

A sllbeequent aCt waa paB,iid. continlling the 10Cl!01 lawe jn force ·until the General A.embly should otherwise order. On the 25th of November, 1692, an act waa puaed entitled II An Act for the Establishing of J Ildicatoriea and,Court.a of J 1l8tice within this Prov­ince," from which the following are extracts :

.. 1110.1. Be 1& IIIIICIted IUId ordalaed .., b18 exoeIleDCJ. Ibe Go.erDor. couacll ... repreeeatetI_ COD ... ed ID Qeaeral AIIIIDb),. IUId It II hlnI, .... d.d IUId ...... Ded bJ the aulborl&, 01 the _ .. that .. u 1DaII·

Der or debtl, &IIIpMIII aDd other matten DOt ac.dJDI lb. Ylllae 01 'ort'lhllll .... wllerela the &ltIe oIlI1Ild II DOt eo~ed, .... 1I1U1d .., .. beard, tried, llIUadIed IUId determlDed b, I1D1' 01 Ibelr II1I\IIItIeI' j..uo. 01 Ibe JIIIOI 01 Ibll Pro.I_ wllbla Ibe 1'IIpIOtI .. couotlll where be reeId.; wbo II berebJ _powend. apoa .COIDpIalD& ...... to I .. a'a wwrut or eaIDIDODI apIIIIt the parlJ _plaiDed 01_ • beI_ tho ..., 01 tdaI or ~It·eto.

.. Baa. L Be It fvIber eDIICted IUId ordaiDOd bJ tbe authorllJ at. ..... Iba& Ibere .. all .. held IUId kept ID tach ~ •• GODDlJ wltblD

Iblll'roYl_'-'. at lb. &1_ ... p~ h-n.r aamed IUId 0·

preIIed tour eoarle or quarter IIIIIIoDl or tho JIIIOI'" lb. j-U- 01 lb. peIC8 or the .... _Dt,. wbo .... berebJ .mpo_nd to bear IUId determlDl all -'ten relatiDi to tb. co_natloa 01 lb. )1OIOe aDd paD· lII ... at or ..... nden IUId wu.o._ Ie .., them ooplabl. MCOrdIftl &0 law. &bat II to .." I'or tho eo"a" or 8ull'olll, .. t BoItoD. 00 lb. II ... TaeedaJe ID llan:b. lu .... lIeptem .. r .ad n.-ber: I'or lb. COIlDt, 0' l'IJmoalb, at PlJmoatb, OD lb. thlnl TueedaJlla Marcb.luDI. Septem. IJl'r aDd D_u",: J'or ti,. COIlDlJ' 01 .. x, at 1Ie1-. OD lb. Iut Ta.IaJIlD )"De aud Deoualler; at Jpewlcb oa ~. Iut Tue.Ia7 In .. arch ; aud a& N.wbur, OD lb. Iut Tu"'1I\J ID September: I'or th. GODD" oI .... IdI_x. at Oharllltown, on Ibo _Dd TueldaJl la M.rch ... d DoNmber; at Canlbridp OR U .. _ad TaIllla7 ID Jleptemller ... d at Coaconl Oft th. IICOnd TaeedaJ or Iu ... : I'or tho CODDlJ or 1Ian· llabl .. at BarDIiable, on the 8nt T..-Ia71 ID April, lui,. October and I ... ...., : at Dr .... 1 lor the COIlD&, 01 8r11to1 on 1b.1ICOnd 'laIIdIJ1 In April. lui,. October.ad I ... 0Iol'J: "or th._Dt,. 01 York,.t York. Oft tb ..... 'fueadIJIla April aDd la"; .ad.at Weill on Ibe II ... To ... ..,. ID Octoller ... lau....,: Aad tor the COUDlJ 01 B_plbl .... at North· IlIDpiOD. oa tile II ... T......,. ID lIarob IUId lODl ; at 8pr1D",.ld OD th. Iut~ ID Jleptem"r ... d December: And that Ibere be" PDeraI IIIIIooa or tho )1OIOe held IUId IIept at BdprtoWD. aPOD th. IeIlU1d 01 Oapawook, ..... 1Iartb.'1 VIDI,I1l'd, .Dd Oft tb. IelaDd 01 N ... tacket ,..,..,uftl, apoD Ibe Iut Tue.Ia7 Ia March aDd OD lb. II ... TuIllla7 01 Octoller ,....,. hID tl_ to time.

.. 8110. I • .lad It Ie lurlber .1IACled b, tho .ulborllJ aroreleld, Tbat at lb. tI_1UId p .... abo ...... DtIoIed 1bU'l1bal1" held and 1Iep1 la ... h .-peatl •• CODalJ aDd IIIandI .. ron ....... wlthlD thll Pro.lace aD IDlilrJor Court 01 ComDIOD Pi.... b, IImr 01 the jllltlcel or .... d NlldJDI wilbiD Ib._ coualJ ............. NlplCtJft17 to .... ppoIDted IUId COD1D1l111oned Ibereto; ... ,.lbree or wbolil to .. • qaorum lor lb •. b ..... DI.nd d.termlDlnc 01 all eI.1I eelloDl arlelDi or bappeDlns with· 10 lob. _. triable at tbe COIDIIIOD law. or what Datu .... iliad or qaaIJlJ __ ; and upoDjudpaeat II." tbenlD to ..... _tIOD. 110.

"810 ••• Aad It 18 lurth.r .... ded b,.lb. aathorlt, arOl'llllld Ibat there Iball ... 8ullOrJor CoDrt 01 Indl.tare _Ibll whole Pnmace. to .. held and kept annaall, at tb • ....,..,U .. · &1m. IUId pl_ here­after _DtIODed .., ODe ChI.1 JIIItIce IIIId loar either jllltloll to be ap- , poiDted IUId comm ..... aated 'or the .... : tbree 01 wbom to ... quorum. who .... 11 ba •• COIailloce 01 all pi .... l'1li. pet'IOIII1\ or mlxt, • _II ID all pI_ 01 tb. oroWD and 10 all matten relatlDI to Ibe COD' ....uoa 01 the .... aad puDllhmeat or 01ll1llden, .In eI.1I _ or ecIIOM betw_ part, .ad parlJ .ad .. t_ their ...... ..u. and aD, 0' th.lr ... ",eela, whelber tbe _. do coacem th. reaI&7 IUId nIate to lUI, rlpt or ...... bold IUId laberlta_ or whether Ibe .... do COIlOll1l th • ,.....,lII1IlJ aod relate to..tter 0' debt, -traot, cIamap or ponoDll IDla.., ; aDd aIeo la all mlxt eciIoDl wblch ..., co~ both I'IIIt,lUId penoaaJt,; IUId after deliberate heatlns to "" JadpODtand a_nI axeciatJoD lbereoD. Tbe aid luperlor Court to .. beld IUId kept.at lb. U .... IUId...- wllbla lb. rnpectI .. CODotill foUowlDl; that II.., .,. WIIbID Ibe COIlDt, or 8atill, at BoItoo. OD the Iut TaemaJI or April and October; Wltblo lb. CODDt, 01 M.lddl~ at Charllllowa, OD th.l_ Tu..,. 01 lal, ... d IIUIUIl..,; WlthlD lb. _ft" or 1IIIIx, at 8aI-, OD Ibe _nd ,......., 01 lfo __ ; IUId at lpewlob oa lb. IICODd Tn..., or IIII\J ; Wllbla th. eollDtiel or PlJaaoatb, IlarDllabIe aDd BrIetol atPI'm .... &b. 00 1b.IutTueldaj 0''''''''' IUId at IIrIItoI OD Ibelut T......, 01 AupR.

.. 11K It. And It" here.., furtber .HCted b,lbeaatborlt, at-w, &bat Ibere be • B .... ,Court 0' 0baDcer7 wlthlo tbIe ProYiaee, wbo IbaII haft power aad .a&borlt, to bear IUId detlnDlae all matten or eq1lllJ 01 what .. tare, k1ad or qlll1ll&7 _.er, IUId all _1Io'lOrlllee, dilpatel IUId dJ ...... _ uWos betwixt --ton, IUId other ..... proper IUId ooplable to IeId eoart Dot rei ........ bJ _ law; Ibe ... COUIt to .. lIOIdeo ... lIept bJ lb. Go.1II'I1OI' or nob oIbere • he IbaII appoID& to be a..-lIor, ..... with eIIbt or _ or the OoaooU, wbo..., appoID' an D~ oftlcen to lb .... CouDGIL"

This ftCt contiuued in force IlDtil advice of ita dis­allowance or repeal by the Privy Collucil WIIIJ 're­ceived. The repeal waa dated August 22, 1600, and· ita re&8Ona were expreaaed in the following words: .. Wherea, by the act, etc .• divers court.a being estab­lished by the said act, it il hereby fllrlber provided that if either party not bejng aatiafied with 1e judg-

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xvi HI8TORY Oll' MIDDLESEX COUNTY, MASSAOHUSETTS.

ment of any of ye said courts in penonall actionl not exceeding.£SOO (and DC) other), the,. mI.,. appeal to Hil ~eaty in Collnc,ilI, which proviso not being ac­cording to the words of the charter, and appea .. to the King in Collncill In reall actions, aeeming thereby to be exclllded, it hath heen thollght fit to repeal tbe said act." ,

On the 19th of June, 1697, another act wu pBlllled eatabliabing courts, whieb wu dilallowed Nov. 24, 1698, because it provided, among other things, "that all mattera and iaallea in fact Bhall be tried by a jury of twelve men," which proviso was looked ul)()n as directly contrary to the intention of the Act of Parlia­ment entitled An Act for preventing frauds and regll­lating abu .. in the plantation trade, by which it was provided that all caUBes relating to the breach of the Acta of Trade might, at the pleuure of the officer or informer, be tried in the Oourt of Admiralty in which Collrt tria" were not held with juriea of twelve men.

On the 26th of June, 1699, three acte were pa8Bed eatab1iabing a Cour~ of General SessionB of tbe Peace, and an Inferior Court of Common Plea in each coun­tyand a Superior Court of Judicature for the Prov­inee. The Court of General SeBllionB of the Peace WBI reqllired to be held in each county, yearly, at Bpecified timea and placee by thejllBticee of the peace of said county, who were empowered to hear and de­termine all Mattera relating to the conservation of the pesce and punishment of ,offendera. Tbe Inferior Court of Common Pleaa was to be held in each colln­ty by foor Bubstantial peraonB to be commiuioned as jUBticee, any three of whom were to be a quorum who should have cognizance of all civil actionB ari·ting or happening within the county triable at common law, provided that no action under forty Bhillings be brollgbt into Bald court unleu where freehold wu concerned, or upon appeal from a. JUBtice of the peace. The Superior Court of Judicature was to be held at specified timea and placea in the Province by one cbief justice and fOllr other justiC8!l, who should have cognizance of all plea, real, personal or mixed, u well as all plea of tbe crown and all mattera relat­ing to the conservation of the peace and puniBhment of offenders. It wu to be held II.t Boston for the county of Suffolk on tbe firat TuesdaYI of November and May; for the county of Mlddleaex at Cambridge on the last Tueedayln July, and at Oharlatown on the last Tuesday of January i for the county or Hampshire at Springfteld on tbe lecond Tuesday of AugllIt i for the county of York at Kit.tery on t.be Thurada,. before the Ipawich Court i for the counties of Plymouth, Barnltable and Dukes at Plymouth on the lat Tueeday of March; and for the county of Bristol at Bristol on the second Tuesday of September

The Court of Chancery establisbed by the act of November 26, 1692, was re-estab1ilhed by a separate act in 1698, and Admiralty jurisdict.ion, u bas been al­ready ltated, was resened for the' King. Besides thNe courta, and completing the U,t of courta, was the Court

of JllBticee of the Peace. ' The dilallowedact of 1692 gave the jllBticee of the peace jurisdiction "in all manner of debts, treapuaea and other mattera not ex­ceeding forty Jhilliugs in value, wherein the title of land W&l DOt. concerned." In 1697 a lpecial act wu pUled re-enacting lubstantially the provisionl of the act which had been diaallowed, 80 far &I the civil jur­isdiction of the justices W&l concerned. From time to time lubsequently, the powera of jllBticea, both in civil and criminal mattera, were enlarged., But one other important cOurt remaiDB to be mentioned, but ODe establiBhed not by any law of the General Court, but by the Governor and Council under the charter. In probate mat.tera jurisdiction had been exercised during the colonial period by the common law courts. During tho administrat.ion or Androa it. W&I aaeumed by the Governor, but by the charter it was conferred on the Governor and Council, who, claiming the power of lubstitution, delegated these pOwera to a judge of probate of their own appointment in each county. reaarving to themselves appellate jurisdiction.,

The Superior Court of Judicature, which WIllI per­manently Ntablished June 20,1699, continued until February 20, 1781, during which time the following appointmenta of jllBtices were made:

Ian, William 81o\ljfhlon (chief juttoe), 'l'h_ Daafolth Wall8tIlI Wlnihrop (chief J1IItIae 1701), Job lUchard8, IIaaInellle_1I (chief j_ lice 1711); lOllI, 8\J1haOook.; 1700, John Walle,; 1701, John IIaIIIn ; 1701, r- Addlqtoll (chief jutl_ 1703), John IIatborDe, John Le.,­..e&; 1708, Joaalhan Carwln; t71t, lleaJamln L,nde (chief juod_ 17ta), Nelbanlel 'l'homu; 1716, AddlDlloa Da .. eDport; 1718, Bd_rd Qulnel, Panl Dndl., (chief JIIItI_ 17to); 1718, Job. Cubl ... ; 1'1l18, JoaaIhaD JIeIIlIDpoD; 1138, Blchard Saltollllall; 1'138, 'l'ho_ Ora., .. ; 1'1811, 8UpbeD Sewall (chief JutIce 1762); 17411, Naihaalel HDbllard, Benjamin L,ude (e11ler J .... - IT11); 17t." John OaIhlns; 176i, C1l1lDlben 8_11 ; 1166, I'oterOIl .... (ellie' J...uo.177i). nOlI, ThOlllU Holelll...,n (ulolef J .... _1780) ; 17R7, Edmund Trowblidp; Inl, 1'_ fer Jlutchl ..... ; 1'1'Ji, Nathaniel JIopeI; Int, WlIlIa ... BrowD; In6, William Ouoblnc (olal., J...uo. 17'17), JohD A~ (chief JueUce In6), Nathaulel P. Sarpant, William Reed. Robert Tree& Pal .. ; Inll, Jedl­dItoh i'alter, J_ 8alll ..... ; 1m, Da.,1d SewalL

Of these, Thomas Danforth, Ohambera RUBI8Il and Edmund Trowbridge may be said to have' been Hid-dlesex County men. ,

On the 20th of February, 1781, an act was pused by the General Court of Hauachulette, eatabliahing tbe Supreme Judicial Court as the lucceesor of the Superior cOurt of Judicat.ure. It was eatablished wiLb one chief jU8tice and four 88IOciatee. In the year 1800 the num~er of auociaWI was Increued to Bix and the State was divided into two circuita, the *t including Eaaex County and Haine, and the west including t.he'remainder of t.he State except Suffolk County. In 1805 the number of &IIOeiates wal re­duced to four, and in I8/>2 wu increased to five. In 1873 the Dumber of UBOciatea W&l increased to six, and the court hu continued up to this time with one ohief jllBtice and six uaociatee. The juaticee of this court have beeD : i 1_ 81U1111er, 1781 10 1m; I'raDcII Dana, 1_ 10 1808 (chief

JDItIoe 1711) ; TheophUu ~ .... 1808 to 1818 (chler JDItI_ J808); Robert Tree& PaIue, 1710 10 18M; lfa&IIaD Calhl.... 1180 10 1800;

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MIDDLESEX COUNTY. xvii ~--- --_. - --_. -t--- ---.. _._ .. - --- ---.

on- Da .... 1m .. 1801; Theophllu Bndba.,. 1m .., 18011; 19'88 eatabliahed, to be held within each county at llamaelSewall, l8OOlo l828 (oIaW JIIIIIae 18If); 81_ BIronl, 1801.. ified • d I ·th f1 • d • ted 18011; 0-.. 'nlaob .... 1801 .., l8H; TbeD40re lledplck. 1801 .., 1818 ; spec times an p aces, WI our JU ges appoln 1_ Parbr. 1801 10 t830 (chief Julloe 181t) ; Chatl • .J ...... 1818 br the Governor from within the county. The jua-1011118; DaDlelDewe" 181f .. 1816; llama .. PatMm. 181f 10 lIKI; Licea of thia co:ut, which continued until June 21, 1Iam .. IBamaer WIlde, 1816.., 1860; IA.I Llaaola, 182& .., l826; IIU'- 1811, were the following: John Tyng, Henry GaM­au lIortoD, 1826 10 18M); lAm .... Bbaw. 1830 .. 1100 (chlar JtIItlce 1880); a.art. A....- Dew8J.I83T 10 1 ... ; 1Iam .... lIabbenl. 18&1.. ner, John Remington, Samuel Phillips Savage, Abra-'I"T; Qhartoe "'wanll'orttoe, 1MB 10 IBI8; Tbvoa 11--".11&8.. ham Fuller. James P1"88CO~t, Nathaniel Gorham, 1"'; Blcllar41'1elcher,1MB 10 1863; Oeorp,., .... Dlplow, 1860.., James Winthrop. William Hull and Ephraim Wood. 1808 (chlar J..uc. 1880); Caleb Ouhlag. 1862 10 1863; . Belli. PraakUa Tb_.I861 .. '868; I'IlaJJterrlck. 1863 10 18M; m.e-r Rookwood The 8pecial jUBticea were: Joeiah Stone, Ebenezer Boar. 1868 10 1 .. ; lleabea AlWater C1tapmaa. 1880 .. IST8 (chief Bridge, John Pitta, Eleazer Brooke, James Winthrop, JDIIIoe 18118); 80_ 0.., Jr .• IBM 10 1881 (olaler JIIIIIae 18'13) ; J_ William Hull, Ephraim Wood, Joeeph IB •• V arnum, DeDIeoa Colt, 1815.., I ... ; Dwight rC!eter. I ... 10 1861; .JOhD Well., Loam . B Id' Ab' I H ard Phill' P IB88''IST6;J_Deat..aCoIt,111B8101RBI;8flthAm..,18011 1o188l i ml a WID, Ie ayw, IPS ayeon, H. lIorIoD. 1I11III (chief Judoe 1 ... 10 1880) ; 19'.0. a.dkott, 18'13" Joeeph Cordes, Joaeph Heald and Aaahel S~ .. I .... OharIoeDe •• D., Jr .. IB'/lS 10 1m; 011. PhllU .. Lord"IST61o 1882; At the lut-mentioned date aD act waa paaaed dividing A. 1..' Boal .. 18n 10 1881; W. A. Field. 1881 (chlar JuotIce 18UO); h Co Ith N _L. d D k CharI. De.,.... 1881; WillI .... Allea.I88I; Chari. Allen. I lUll ; W .. do L e mmonwea --except antu .... et aD u ea Calbura. , ..... 1188; 011_ W ....... I Bolm.., .Jr .• 1882; Wm. Sewall County-into 8ix circuita, u follows: the Middle Oir-0ar4aer. 1188 .. 1887; 1Iarc_ Penta XDOwl ..... 1887; J_ II. cuit, consiating of the counties of Suffolk, Eaeex and II"""", l88O. • Middlesex; the Western Circuit, con8iating of the

Of these juat.icea. Francia Dana, George Tyler counties of Worcester, Hampshire and Berkshire; . Bigelew, Ebenezer Rockwood Hoar, Seth Ames and the Bou~hera Circuit, conaiatiup; of the counties of Charles Deven8, Jr., were Middleau: men, aDd refer- Norfolk, Plymouth, Briatal and Barutable: the ence to them will be made in the chapter on the Eastern Circuit, conlliating of the couuties of York, Bench and Bar. . OumberlaDd aDd Oxford; the Second Eastern Cir-

The judges of the Inferior Court of Common PI... cuit, consi8ting of the counties of Lincoln. Kennebec for the county of Middleaex were aa followa: and Bomeraet, and the Third Eastern Circuit, con-

JobD Phllll ... DeoeaIber T. Ian, .. »-mber •• 1716;.J_ a-tl. 8isting of the counties of Hancock and W uhington. »-ber T. 1_" April 18, I'lliii; .J'" L,nd., ~ T, 1.... The act provided that there &hould be held in the IoJaao IT. 1111; llama .. u.,..aa, DeceJDher T.l_Io.J ..... -. lTOII; aeveral counties, at the times and placea appointed. for Joaa&baa "'all. JUDe •• 1'7011, 10 .JaDe IT. tTIII; I'raacla"OllcrvR, JUDe holding the Courts of Common Pleu, a Circuit Court 18. \'7011. 10 Jaa. IT. ITIII; JoaatIaaD "'lactoD. DeoeIaher D, ITl11, .., June a, 1'IlI3; JODUbaa Do .... Ja .. ZT. 17111.'" .luI, II. nfl; Oharl. of Common Pleat', con8iating of one chief jUBtice and <,' ...... her-, Ju .. IT. 17111. 10 »-Dher 11.1788; l'raaclll'ul ....... JaDe two auociate juttticea. to whom were to be added IT. tTll1. 10 .JaDe -, 1766; on-ana .... .Jan 1'1, 1738, 10 Jlarch" two llellJiona J'uaticea from said countv, to ait with 1'13'7~; I'n ... I'oxcroft, 1Iarala" 1m ..... to ......... T. IT,,; Tb_ '" ana .... DeoeIDber 21.1.,., to Aac-& 111. IT.T;' llama" Daararth, the oourt in their county. , .Jul, II. \Tfl; ChaDtben ..... 1, Aac-& 18. \TfT, 10 April T. IT61; The Court of General BeaaiODB of the Peace, which Aadrew Baud ....... April T. IT62, to.., 90, l7OG; WlUta .. Lawrence, 19'&8 establiahed in 1692. remained without material Jane II, 1766. to IIepleatber T. ITa; .Joha T,a&, 8epteJaber T.17Il11; Blchud I'aaler. llalllh T.ITM,..,..., '8,17T1; .J.-ph Lee, 11.,1&, chaage during the Provincial period, and up to June 19, 17_'.J_ ....... ..., 18, ITTL 1807, when an act 19'88 paaaed providing thatit should

The apecial jD8ticea of thia court were : consiat of one chief juatice and a apecified number of uaociatea for the aeveral coun~ies, to be appointed by the Governor. These justicea were to act 88 the General Court of 8eaaion8 iDBtead of the juaUcea of the peace in.each county. On the 19th of June, 1809, thejuria-: dicLion of the General Court of BeaaiODB 19'88 trane­ferred to the Court of Common Pleu, and, on t.be 26th uf June, 1811, a law waa p8llBed providing" that ftom and after the firat day of December next an act made and puaed the 19th of June, entitled 'an Act to traoifer the powera and duties of the Courts of 8eaaioDB to the Conrta of Common PI...,' be aDd the lI&ID.e ia hereby repealed, aud that all acta or parte of acta relative to the Courts of 8eaaion8 which were in force at the time the act 19'88 in f.,rce which ia hereby, repealed, be li.ad the same are herebr revived from and after the said tint dar of September next."

BII"'a Ba&chJMoD. appolDMd .JaDe 8, 1'JOi, aDd l'ebra&rJ _. 1708; .JobD 1'..... .JaDe 8, 17l1li. aDd I'ebnIar7 '16, 1708; .JobD algi ... .. D. .J1UItI 8, 1'105. aDd J'ebraarJ 16, IT08; PeDD Tow..ad, "ebru· a., 16, 1708; JOBatIaaD T,D&, I'UnarJ I.:;. ITIII; JODMb.D Do .... December a, ITl8; .JOD .. lIoD4, December :1. rll8, aDd ....... 8, lTD; Hatb .... 1 OIn,. H_ber I&, m.; ___ PIal,., ~ber. I. 17" Jalf 18. 1711, aDd Jalf'. 1'181; TIl_Ona .... Ho.,.mher_. IT1'. aDd .Jal,., IT81; Ben., Phllll,., A ...... 8, 17211; I'rancll J'ox. ,cruR, Jlarch 18. IT2t40.aDd .Jal,8. ''IlIt; Babijab Ba ...... l'-mhw III, IT.; IIIIma" wen., December 16. IT. ; llamael Daa'or&h. Decem. ..... lII, 1'/8I;.J-" W.a4e\I. l'-mber., I'llii; Bel\Jamla ~t, »-mher It, I'llii; 81.OD Ta .... Jal,l6, \Ttl; Btlh ..... Call1l, JaI, lII, 1741 ; WlllIaal La_-. Aqua 12, lToI9, aDd .JaDe II, 1761; Joha TJDC, .Jal,18. nil ; Oll'ler 1'IeIeh ..... .Jalf •• IT8I; Jweph LN. JIarcb T. IT,,; llamDeI Ll ......... lIepte .. ber T, ITII8; Chart. I'NaoIt, 8ep-.... her T, 1718. '

The lut term ot thia court Illlder tho) Province charter wu held May 21. 1774. ·On the 2d ot No­vember, 1776, commi~ioDB were iaaued to John Tyng, ,Heur GaMoer, John Remington and Samuel P. Sav.e, which aupeneded the old commiaeioDB held by Johu TY,ng, Samuel Danforth, Joeeph Lee and James &';11. The court continued in ita old form until July 8,1782, when the CoQd of Common PI ...

B·

Again, on the 28th of February; 1814. it 19'88 enacted. that the act of June 26, 1811, reviring the Courts of 8eaaiODB, be repealed except so far aa it relates to the COUJIties of Suffolk, Nantucket and Dukes Count.y, and that all petition8, recognizances, .warranta, orden,

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xviii HISTORY OF MIDDLESEX COuNTY,· MASSACHUSETTS.

certUlcateB, reports and proceases made to, taken from, or continued or returnable to the Court of 8easiona in the several counties, except 88 aforesaid, shall be retumable to and proceeded in and determined by the respective Circuit Courtll of Common Pleas, which were establiBhed, 88 above mentioned, June 21,1811. The act containing the above provision also provided .. that from and after the fint day ot. June next the Circuit Courts of Common Pleaa shill I have, exercise and perform all powen, authorities and duties which the respective Courts of BeasioDS have, before the paa­sage of this act, eserciaed and performed, except in the counties of8uffolk, Nantucket and Dukes County', and that. the Governor, by and with the advice of the Council. be authorized to appoint two persons in each county, who shan be 8eB8ion jnaticea of the Circuit Court of Common Ple88 in their respective counties,' and Bit with thejnaticea ohaid Circuit Court in the administration of the affain of the county and of aU mattera within Aid county of which the Courts ot 8eaaions had cognizance."

The admiJlistration of county mattf>n W&II in the hands of the Circuit Court of Common Pleaa until February 20, 1819, when an act W88 pa888d repealing the act which transfer1'8l1 the powen and dutil'8 of the Courts of Sessions to that court, and provitling that II from and after the fint day of June next. the Court of Beasionl in the several counties shall be held by one chief jnatice and two 88IOciateB, to be ap­pointed by the Govemor, with the advice and conlent of the Council, who shall have all the powen, rights and privileges. and be subject to all the duties which are now vested in the Circuit Courts of Common Pleaa relative to the erection and repair of jails and other county buildings, the allowance and Bettlement of county accounts, the estimate, apportionment and lasuing warrants for "eBBing connty taxes. granting licensel, laying ont, altering and dilcontinuing high­wa)'l, and appointing commit.tees and ordering juries for that purpose." .

The Court of 8C!8BioDS continued 88 above described nnlil March 4, 1826, when the jurisdiction over high­wa)'l W88 vested brlaw in a board of " CommiBlionen of Highwa)'l!'. The act providing for this board enacted II that for each COUDty in the Commonwealth, except. the countiES of 8uffolk and Nantucket, there shall be appointed and commillBioned by His Excel­lency the Governor, by and with the advice and con­sent of the Council, to hold their offices for five yean, unleaa removed by the Governor and Council, five commiaaionen of highwa)'l, except in the couuties of Dukes and Barnstable, in which there ahall be ap­pointed only three. who sha)) be inhabitants of IUch county, one of wbom shall be designated 88 chairman by his commiaaion." The proceedings of the com­mlasion were to be reported to tbe Conrt of 8eaioDl for record, and that court W88 to draw ita warrant on the county treaaurer forexpenaea incurred in the con­struction of roads laid ont by the commiuionen.

Such W88 the condition of county affain until the 26th of Februa.7, 1828, when a law wu paaaed pro­viding .. that the Act entitled • An Act to establish Courts of 8easionll, paaaed February 20, 1819 j' &lao an Act in addition thereto paaaed February 21, 1820 j allO an Act entitled • An Act increaaing the numben and extending the powers of J naticea of the Courts of Beasion",' puaed February 6, 1822 j allO an Act enti­tled • An Act.·in addition to an Act directing the method of laying out highwaya,' paued March 4, 1826, be and the ume are hereby .repealed." It pro­vided for the appointment by the Governor of four penona to be county commi .. ionen for each of the counties of F.ex, Middlesex, Norfolk and Worcester, and three personB to be county commlasionen for each of the other counties of the Commonwealth. except the county of 8uffolk j that. the clerks of the Courts of Common Pleaa within the several counties should be the clerks of the commiaaionen, and that for each of the counti811 except 8ulOlk, Middlesex, Essex,. Wor­oeater, Norfolk and Nantucket, two persona Ihould be appoirated to act 88 special commlaaionen.

The fint meeting of the Board of Connty Commia­aionen appointed under the above act W88 held May 18, 1828, and the board conaiated of Caleb Butler, Augustua Tower, Benjamin F. Varnum and David Townaend. In 1831 Abner Wheeler W88 appointed in the place of Mr. Varnum, and no other change oc­curred on the board while the t,ppointment of ita membera rested with the Governor and Council.

On the 8th of April, 1886, a law W88 pa.ecl. pro­viding that in every county except Suffolk and Nan­tucket t.he Judge of Probate, Register of Probate and . clerk of t.he Common Pleaa Court Ihould be a board of uaminen. and that on the fint Monday of May in t.he year 1886, and on the fint Monday of April in ev­ery third year thereafter, the people Ihould cut their votes for three county commiasionen and two special oommiBBlonen. Thil law remained in force unloiJ 1854. Under ita operation the board conaisted of the (onowing memben, chosen in the yean set againlt their respective names: 1886, Caleb Butler, David Townsend, Abner Wheeler j 1888, Caleb Butler, Ab­ner Wh~er. Timothr Fletcher j 1841, Leonard 11. Parker, Timothy Fletcher, 8eth Davis; 1844, Josiah Adami, Timothy Fletcber, Joaiah B. French j and Ebenezer Barker W88 chosen in 1846 to fill a vacancr ; 1847, Josiah Adama, Ebenezer Barker, Joshua 8wan ; 1860, Daniel 8. Richardson, Ebenezer Barker, Leonard Huntre. j 1858, Leonard Huntr8l8. Daniel 8. Rich­ardson, John K. Going.

On the 11th of Maroh, 18M. the law in force at the present time waB paaaed, providing that the counloY commlasionen tben in office in the leveral counties, except8uffolk and Nan~ucket, Ihould be divided into three cl88181-the fint cl ... bolding office until the next annual election for Governor-the second cl888 until election day in 1855, and the thini clau until election day in 1836, f:be commi .. ionen then in office

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MIDDLESKX COUNTY. xix

determining by lot to which cla81 each should belong, aDd that at each annual election thereafter one com­miaaioner be chosen for three yeara. . The commis­sionen since that time have been the rollowing: Leonard Huntren, John K. Going, Paul H. Sweetser, Edward J. Collins, J. H. ·Waitt, Harri80n Harwood, Daniel O. Walton, J. Henry Reed, William S. Frost, Alpbonzo M. Lont and Samuel O. Upham.

Tbe commi8lionerB of MiddleBell: County include witbin their juriadlct.ion Chelaea, North Cbelsea and WiDthrop, which belong to Suffolk County. Chelsea and North Cbelsea were placed under their jurisdic­tion by an act p .. ed May S, 1860, and when Win­throp was set oft' from North CheLle&, March 27, 1862, it. conLinued within ita old juriadiction. It was pro­vided bylaw, April 80,1862, t.hat for expenses appli­cable to those towna they IIhould pay in such propor­tiona as the commiaalonen should decide.

The Circuit Court of Common Pleas, which was ft·

tabliahed June 21,1811, was abolished on the 14th of February, 1821. ThejustiCd of this court, during ita continunce, for the middle circuit, consisting of Suf­folk, Middlesex and Essex Counties, were &muel Dana, chief justice; William Wetmore and Stephen Minot, uaociate juatieea. Tbe Orat 88I8ion of this court was held at Cambridge December 16, 1811, and ita last at. Concord, June 11, 1821. The Court of Common Pleas was established at the above date with a chief justice and t.bree a.ocIate justieea, and tbe 8rat sea:sion in Middlesex Count.y was held at Cam­bridge September 10, 1821. On the lat of Marcb, 1843, the number of lI880CiateB was increased to four, on the 18th of March, 1845, to six, and on the 24th of lIay, 1861, to seven. This court continued unLi) the establishment of the present Superior Court, by a law paaeed April 6, 1869. During ita cont.inuance the following judges Bat. upon the bench: Art_ Wan!, 1811 to 1831 (ohlef JUItice 1881): 8olomoa B&roD&

1881 to lau: JobD IIl_D W1lIIaDII, 1881 to 1M' (cblef J..uce 1831): llaDlIIeI Howe, 1811 to 1_: Da.,I. OaDlml ... 1_ to lM': 0barI_ HeDl7 Warn., 1831 to 1'" i 0IIarIe. AUeD, IMI to 1M'; Pllu, H_ rlak, 1MB to 1MB; DaDlel :Wei", .lM' to IBM (oblef J...u.. 18M); Jalba. Hol,oke Wan!, 1'" to 1MII i BuIor7 W .... buna. IM4 to 1MT i Luther s-u CubID&. 1M' to 1MB i ·Barrl ... u Ora, 0tIa 001117. IIf6 to 18f.T i 0barI .. 1Idward I'orbee, IMT to IIM8; IIdward lIeUeD. IMT to I" (clalef J-- 11M) i 0-.. Trier Jllplow.llM8 to 1810 ; J_thaD ODgnreU hrltlDe, 18&8 to 18l1li; Horatio BrID&to., IMBlo 18181 Th_ HopIII_D. 1MB to IM1; BbeDaer BocIr.wood Hoar, lIMO to 1863; PlID, .emall. 18110 to 11M; He..., Walller Btlbop, 18111 to 18l1li i Georp .luD BrI .... 18111 to 1" i a.orpl'1mrlclp Baa .. r. IBM to 1 .. i Be..., JlcmII, 18111i ~ 18l1li ; Da ..... Alld., 1818 to 18l1li.

Of t.hese, Edward Mellen, George T. Bigelow, Thoma Hopkinson and Ebenl'zer Rockwood Hoar were Middlesex men.

On the 6th of April, 1869, tbe Superior Court was elIItabliahed· as the 8IIcceuor of the Court of Common Pleas, with ten Just.ices, which number was increased, lIay 19, 1876, to eleven, and FebruU'127, 1888, to fourteen. "The justices of t.his court. have been .. fol­lows: a-.. AIleD. 18l1li to ·188'1' (chief J .... cIi 18l1li); .JaU .. RoaIIweII,

18111 to 1888 i 0tIa Pbllllpe Lord, 18l1li to 1818 ; X_ HartoD. Jr .. 18l1li to 18l1li; IWb ADlee, 1888 to 1881 (eblef J..u .. 1811) ; .... WIIIII-, l8H to 1888; H"17 'v .... 18l1li to 1880; Tbo ___ n. 18111 to 188'1' ; JebD Pbelpe Pat_, 18118 to 1881; U-'a .... Br\abam, 1181 (chief J ...... 1880 to 1110) ; ObeICer I. Reed. 188'1' to 1811 i 0barI_ Deft ... .Jr •• 1881 to 1813; BeDI7 Aulla 8oudder. 1888 to 1m i I'IuoII B ... " naw.,. 1880 to 1881: Bohen Outer PI ..... 1888; JobD WlUtam Bacea, 1811 to 18811; William .&11 ... 18111 to 1881 ; p" .. ......., Aldrlcb. 1813 ; Weldo OoIba ..... 18'10 to 1888 i W ... BewaIl OudDer,1818 to 18811; H_1l1oa Bud..,. _I ... 1881; __ PeniD KDowltou. 1881 to 188'1' i C. B1odpt&, 188t; A. H_D, 1888 (oblef J .... 1_> ; J. Ila4lmD 1Iubr. 1888; Chart. P. '1bo .. ..,n. 1881 i JobD Willi_ H_ IDODd, 1886; .JDItID Dewe,. 1880; lWpr J. Bbenaaa, 188'1'; JebD 1Athrvp, 1888 i J_ B. DBDIIar. 1888; Itobert R. BIIbop. 1888.

Of t.hese, Seth Ames, Charles Devens, Jr., John William Bacon, John W. Hammond, Wm. Sewall Gardner and Robert R. Bishop were Middlesex men.

During the Colonial period under the charter, Pro­bate mat.t.en as baa beeu stated, were in the handa of the County Court. During the presideDcy of Dudler he .. umed Probate juriadict.ion but delegated it in some of the count.ies to judges of Probate wh.,m he appointed. During t.he adminilltraLion of Andros the settlement of estates exceeding fifty pounds he per­sonally directed, delegating others to judges of hiJ ap­pointment. After the depoait.ion of Andrae the colonial method was resumed, and continued until t.he union of the Colonies, in 1692. Though the Provincial charter conferred thejuriadiction of Probate affain on the Governor and Council, they claimea and exer­cised the right to dolegate their powen to judges and, registen of Probate in the several counties.· There was no regular Probate Court established" bylaw unLiI March 12, 1784, when it. was provided that a judge and register should be appointed by the Governor and COUDcil. Under an amendment of the Constit.u­t.ion ratified by the people on the 2Sd of liar, 18M, it was provided that at the annual election in 1866, and in every fifth year thereafter, t.he register should be chosen by the people for a term of five yean. The judge remained as t.be appointee of the Governor. In 1866 a Court of Insolvency in each county was estab­lished by law, with a judge and register, and in 1868 the judge and register of this court were abolished, as well as the judge ·and regiBter of Probate, and Lhe omces of judge and register of Probate and Insol­vency were oreated. In t.he IllUDe year, 1868, it waa provldedthat the register of Probate and Insolvenc1 should be chosen at. t.he annual elecLion in that year and every fift.h year afterwards for a term of fi ve yean.

The following persona have filled t.he omcee of judge and register of ·Prohate, judge and register ot Insolvenc1, and judge aDd regillter of Probate and Insolvency since the union of the Colonies, in 1692: ~ of 1'I1IfNII&-.J_ R-'I. appelDled .Ja .. 11. 1_; JohD

r.., ... appeIDted Oe&. sa. ITOI; I'IUCIa Wbxoron, appo\Dted JIII1I1. 1708 ; JemathaD RemID"", appoloted Sept. 80. 11211 ; Suaael DaarOl1b. appo\Dted Doc. 20, ITta ; .JOhD WIDIIarop, appeIDted 8ep&. II, InO i Oll.,er ~ appo\Dted aboat Jo17. 11TI; J_ P.-ott, appo\Dted J'eb. I, 180&; Sua .. 1 PbUlIpe, P-u 1'&" appolDted liar II. 18t1 i William A .... IUobardIoD. appo\Dted Aprtl T. 18M, &Del bold anUl JD17 1.18118 ; La&ber J. netaber. appointed Jadp of 1_1"'1107 18117; Wi ...... A .... IUoberdIoD. 8ppOInted Jadp of I'nIIMIe ... X-lftMJ liar

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xx HISTORY 011' MIDDJAESEX OOUNTY, MASSAOHUSETTS.

18, l8II8, 10 tab oIIIoe Jul, 1, 1868; Oeorp II. BrooU, appoIDted JDdp of PlObate and I.....t"nCJ, 18'11.

........ oJ ~--8uu .. 1 PhI,.., appoIDted JIIDel1, 1801 ; Tho_ S_. appolDted Oct. ta. 1101; Nichol .. "-adea, appointed Bop&. 16. 1106 ; Dan .... I'oxGroft, apDted, Dec. 18. 11OB; Tb_ l'"ltCron, .... poiDted Dec. P, 1116; I'raDoI8 1'oxaroR, apDted JIIIJ .. 1128; 811mael DaDfortb. appoIDted Jal, II. 1131 ; Alldnw Board ..... appoiDted Dec. 1IO. 1146; ADdnw Board_a, Jr. (appolDted IpOOIaI np.ter on doatb of ble r.tbor), 1188; William Kn_1end, appointed..., 211. 1188; J_ WIDthrop, appoiDted Bapl 8. 1116; Jam. J'aeIer. appointed May II, 1811 ; Jaao I'IIke, appointed Oat. 211. 1811. .,~ 0/ IIuoINMJ.-Alonso V. L,IIde, aJlpo\Dt" Jul, 1, 1861;

AICnd A. J>n.coU, appoloted March 10, 1863; J_ph D. TJ\er. ep. poin&ed r..w- of I ........ nq 1868; J_ph H. T,Ier. appoiD&ed np' tor or Pruboto and I ..... h-.Do' Nov •• 1868; J_ 1'. JOD", appoInted ..... 1aD& ........ of Probate alld ' ..... IYeDO' JanaarJ. 18611; Bamul H. l'oIaom. appointed ...... & neWer of Probate alld IIIIOIYODC,lm.

During the period of the Oolony the officer corre­sponding to the sheriff of later times wu called mar­sbal. The names of the marshals of the Colony have alread;y been given. Since the charter creating the Province of MlI88&Chuaetta Bay the sheriffs of the county have been the foUowing :

....,..-Tlmotb, P .. IIIIJ11o appolot .. 1_; BamDeI OooIlID. a,. polDted 17011; Bdmlllld 0,,11'0, appoillted 1716; Samu.1 Qo.)IIID. .... poIDted 1121 ; Bamuel Dummer. appoiDted 11211; Blchard )'ootor. Jr •• appalDted 1'131;· Blobanl 1'00000r. eppolated l1el; Da.ld PhlpJllo." pointed 110t; 1_ l·reocoU. .ppolnted I1T11; '-mml Baldwin, a\l" pointed IT81; J_ph 1I0IIIIer. aJlloointed 11ot; WIIII_ Blld""I". a,. pointed 1808; NaUaanlei Autll1. Jr .. appolllted 1813 ; Belllamln ... Var DDm, appointed 1831; Bama.1 Chandler. appoillted 1841; ''1.''e. A. Wldntb. appointed 1861 ; Joha S. Ke, ... appoiDted 111&3.

Under the nineteenth article of amendments to the Constitution, ratified in 1855, a law was paaaed in 1856 providing that at the annual election in that y~, and in everY,tbird year thereafter, a sheriff should be chosen in each county by the people. Under that. law the following sherifIB have been chosen:

JOhD 8. Ke, ... 181141; 0 ..... 1eo Kimball, 18611. '81, 'tI6, 'ea, 'TI. "' •• "IT ; .......... r W. 1'IIke, 1880; OenrJ O. Ouablnc. 1883, '80, '811.

Up to the ;year 1654 the treasurer of the Colony acted iIs treasurer for the county. In tbat year, and by renewal in 1692, a law WAI pUled providing thatl in each county a treasurer should be annually chosen by the people. A similar law remained in force until 18M. The followlng treasurers have held office in ' Middlesex County:

TboDuoa Dufortb, until UMiT; Bdward 00«0, uDUI 1868; Joba 8t.d­man. uD&III1188; l!amuel Alldnw. antll nOlI (.x. durinl the ..... ID. II&ratloD of ADdraa); BbeD_ Brldp, antll l8OT; JobD L. Tattle, unUI 1818; JOhD Ke,.... aDUII887 ; Sted_n Bllttrlcll. uDtllllM.

In 1865 it WAI enacted that a county treasurer should be chosen in that year in each county, and every third year thertl&tler, for the term of three years. Under the new law the following were chOien :

Ame. Ito .... 18116,'118, 'el, 'lK, 'lIT, 'TO, 'TI, ..,e, 'Til, ' .. ; J~ O. JJardeD,l886,'88.

During the Oolonial period the clerka of the courts were appointed by the courta. During the Provincial period the clerka of the Oounty Oourte and thOle of the Superior Court of Judicature, and afterward., until 1797, of the Supreme Judicial Court, were die-

tinct, and the latter two, clerks had their offiC811 in Boston. Until 1811 the appointment of clerka lay with the courtl, when it WAI vested in the Governor and Council and 10 reuiained until 1814, when it WAI

givE'n to the Supreme Judicial Court. In 1866 it WAI

provided by law that in that year and every fifth year thereafter, clerka .hould be chOien by the people in the several countiee. The following i. probably a correct list of clerka from the inCorporation of the county, in 1643, to the present time: Th_ Dufartb, aDder tbe CoIoD .. 1 cbaa1er; Bamual Pbl~, 1888 ;

J'ruoll )'oaarot'l, 1m; JobD J'0lIIII'0R, nee; "..,.. Moo .. In.; The4eua ~D UId Wm. SwaD, n86; Abraham Ble,low, 1180; KII .. l'bIDDe" 1831; Hetb Am ... 186 " 'aG; .anball PI'IItoa, ...... clerk, 1862; BeIll_ID 1'. Jfam, leel. '88 i Theod ..... O. lim. 1811. "'8, '81. '88 ; JobD L. Am"", _d ...... t;1m, 1880.

During the Oolonial period, and until 1715, t.he clerka of the courts were registers of deeds, but in that year it WAI provided .. that in each county some person having a freehold within &aid coun$)' to the value of at leut ten pounds, should be choseu by the people of the county. As officers of the court the clerks were under the Colonial charter called record­ers, and as recorders kept the regioJtry of deeds. Up to the present time the registers of deeds have been AI follows: , Th_ Duforth uaUll_ ; BUDu.1 Phl~ uolll1121 ; J'nr.DcIa Fox· croft UDUI 1108 ; JObD )'oacroft uatll 1118; 1I:beD_r Brldp aDtlll?8l ; Thlld_ MHOD aDUI 1188; William Willthrop aDUI 1'f118; Bamu.1 Bertlett UDtII 1818 ; I.u l'IIke uD1II181O; Bamllel Bertlett aDtlll8:12 ; WlIlIem r. ItoD. aDU11818; OIIeb HaJdea aDUI 18116.

In 1856 it was provided by law that in that year, and every third year afterward., a register of deeds should be chOien for three ;years in each county, and in the county of Middlesex two registers, one for Oambridge and one for Lowell. ' Under the law the registers have beeu:

, ,

Caleb BaJdoD. for, Cambrtdp, 1868, '88. '81. '14; Aab.1 B. WrI,"t. for Lowell. 1868. '88. '81. '84; Oharl. B. 1Ito,..0 .. for Ounbrld .... 186T. TO, 'TIl, "'8, ·TII. '81, '88, ' .. ; Ithamar W. Boud. for Lowell, 188'7-10; J_ph ~. Thom ...... for Lowell, l8'1S, 'T8. ''79, 'lIS, 'II&, ' ...

Under a law paaaed March. 3, 1635-86, Oambridge was designated .s one of the four towne in which courts were to be'held. Ipswich, Salem and Boston were the other three. - Wheu M.iddlesex County WAI incorpor­'ated, in 1643, Oambridge continued the shire-town of the county. On the 19th of October, 1652, it wu or­dered by the General Court that two Be88ions of the courts besides those held at Cambridge should be held at Charlestown. A court-houae and jail were built, aud the courts at some of their terms were held there until t.he Revulution. Precisely when' the; ftnt court­house WAI built in Cambridge is not known. It was burned in 1671, and there is no poeitive Jinowledge of any othercourt-houae until 1708. when one wu buiit in Harvard Square. Another wu built in Harvard Bquarein 1757 or 1758. .

Under the administration of Andros, Oaptain Law­rence Hammond, of Charlestown, WAI appointed clerk of t.he courtl aud regieter of probate and of deeds.

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MIDDLESEX COUNTY. xxi

He removed all the records (rom Oambridge to Charlestown, and after the Revolution of 1688 refused to lurrender them. On the 18th of February, 1689-90, the General Court ordered "that Capt. Lawrence Hammond deliver to the order of the County Court for Middlesex the recordl of that count.y; that is to 8&Y, an boob and iUes by him formerly received from Mr. Danforth, lOme time Recorder of that county, &8 allO all other boob o( record and illes belonging to said county in his custody!' On the 4th of Febru­ary 1690-91, the order not having been obeyed, the

. manhal-general W&8 directed to a~t Mr. Lawrence. The recorda remained in Oharlestown until 1717. On the 11th o( May, 1716, the town of Oambridge palled the (ollowing vote: "Whereas the Register'1 office in the county ofMiddleeex il not kept in our town of Cambridge, which is a grievance unto UI,- voted that our RepreB~ntative be desired to represent said griev­ance to the Honorable General Court and 88Cure, if po8Iible, the paaaage of an Act of aaid Court that lAid office may forthwith be removed into our town ac­cording to law. it beiDg the shire-town in said county." The town of Oharlestown objected to the removal and contested it in the General Court. Finally, &8 Mr. Richard Frothingham ltates in his "History of Oharlestown," the question came equare1y up before the Council on the 12th of June, 1717, whet.her Oam­bridge or Charlestown should be conlidered the shire­town. "Mr. Allchmuty pleaded very well for Oharl .. town. His discourse W&8 very well worth hearing. Mr. Remington alleged and proved for Cambridge very pertinently and (ully." On the 18th the Council d8('Jded in (avor of Oambridge. The next day thet:e W&8 a Ipirited contest in the Bouse of Deplltiea on the question 01 concurring with the Council. Sewall writes: "Could not tell by lifting up the handa--were fain to divide the House. They for Cambridge went to the norih sid~tbey for Charlestown to the IOUth. Cambridge had fortY-lix-Oharlestown (orty-one." The registries were' coDlequently removed to Oam­bridge, and that town h&8 contiulled to the present time a abire of the county. The coarta continued to be held in what is . commonly called Old Oambridge Ilntil 1816. On the 3d' of March, 1810, the General Court iucorporated Thom&8 Handaayde PerkiDl, James Perkinl, Wiiliam Payne, Ebenezer Francis and Andrew (:lragie &8 the" Lecbmore Point Corpora­tion." ThiS W&8 a land corporation, ambitious, active and thrifty, like allluch before and lince. One of the Ichemes devised to promote its interests W&8 the r~ moval of the county buildinge to EMt Oambridge, where its property W&8 lit.uated. On the let of No­vember, 1818, the company offered to convey to the county a equare bounded by Otie, Second, Thorndike and Third Streete, together with a lot leventy-five feet in width &CI'088 the westerly aide o( the equare bounded by Thorndike, Second, Spring and Third Streets, and build a court-house and jail at a COlt not exceediog '24,000, on ,condition that they Ihould be

ueed by the COUDty when finished. The Oourt of S88Iionl, at ita December term, IDthat year, accepted the propoeal, and at the March term of the court, in 1816, a committee reported the buUdinge finished at a COlt exceeding the propoeed expenditure by the company by the lum of 14191.78, which sum was paid by the county. The old court-house iD Harvard Square W&8 used (or town and other purpol88 until April 19,1841, and W&8 aft.erwardaremoved to Palmer Street. . '

The court-houae at EMt Oambridge W&8 enlarged by the addition of two winge in 1846, and on the 27th of March, 1877, the county commiuioDera were authorized by the Legislature to borrow the lum of forty thousand dollare for a new building for the registry o( deeds. The buildiDg, Itlll proving too Imall, wal moved back from ita old lite and enlarged by the addition of the Itructure now approailhiDg completion.

The courts were first held at Concord in 1692, under the law eetablishing courts under the Provin­cial chart.er. Until 1719 they were held in the old meeting-houae, but in that year a court-houae W&8 built which, according to the lpecificatiollB, was to be thirty-four feet by twenty-six and uot 1888 than four­teen nor more thaD lixleeD feet between joilts. In 1764 a jail W&8 built and in 1794 a new colJrt-houae, which continued in use as long &8 Concord remained a lhire: . On the 9th of November, 1775, the Oharles­town lI88IioDl of the courts were ordered to be held at Concord, and Charlestown ceued to be a abire. For many years after it waa aettled by the Provincial Oollrt. that Oambridge Ihould be the chief abire and the depoeitory of the oounty recordl conliderable dis­satisfaction . existed in that part o"f the county of "hich Concord had become a more convenient and aceeeiible centre.

Thil di ... tilfaction finally displayeditaelfiu an at­tempt. to form a new county, of which Ooncord should be the shire-town. After the incorporation ofWorcea­ter county, in 1731, which seemed to furnish a favor­able opportunity for lOme decisive movements, a con­vention of delegatee from varioul townl W8I held at Concord, whose deliberations culminated in an agnement, Hay 26, 1782, to petition the General Court. to Incorporate a new county, with Ooncord the shire, to Include the towns of Concord, Sudbury, Framingham, Marlboro', Groton, Ohelmlford, Bil­lerica, Stow, Littleton, Bedford, DIlDltable, West­ford, Dracut and Northtown. The movementofcouree failed, and time finally di .. ipated the uneaain888 of the toWDl in the central and upper parts o( the county. Concord remained a abire until the 7th of May, 1867, when a law W&8 paaaed providing that the l8IIIion of the coarta which bad before that time been held in that town, should be tranlferred to Oambridge, and anthorising the county commiwoners to lell the court-house to the town. The conveyance W&8 made Hay 24, 1867. '

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xxii HISTORY OF MIDDLFSEX COUNTY, MASSAOHUSETTS.

A law wu plllled April 16, 1886, making Lowell a 8hire, to take eft'ect on the condition that. the town 8hould, before the let day of March. 1887, provide a 8uitable coun-roOm and a jan, the expense of which jail should notexceed 110,000, and execute and· deliver to the couuty a 8ufficien~ 1888e or other instrument. to 8ecure the nee thereof for the pUrp0888 aforesaid per­manently to the county. A 8upplementary act was paued March 24, 1887, reviewing the above act but providing that it 8hould be void uDIeu the .cityof Lowell, on or before the let of the ensuiug April. 8hould pay to the commissioners the 8um of tl0,OOO, to be expended by them in the erection of ajail, and 8hould al80 before 8aid day fini8h the coun-room then begun, and make the laue or conveyance required in the act of 1886. U ntillSM no regi8try of deed8 was es­tablished at Lowell. On the 24th of March in that year a law was passed providing that Lowell. Dun8table. TyngsbOro, Dracut, Tewksbury, Billerica, Ohelm8ford, Oarli81e, Wilmington and Westford 8hould.conatitute the Northern Regi8try Di8trict of Middlesex County. It also provided t.hat the Governor should appoint on or before the 18t day of July, a regi8~r of that dis· trict, to bold office until the November election of that year. On the 28d of March, 1886, the county commi18ione1'l1 were authorized to have all record8 prior to said July lat copied and deposited in the N ortbern Regi8try.

The 1i8t of courts will of course be incomplete with· outareference to the Policeand Di8trictCourts in dit­ferent parts of the county. Of Police Courts there are four-

Lo.oIl: with ...... 1 P. RaIl..,. J1II&Ioe ; Joh. J. PIckman aDd John W • ...., ........... 1 Julio.; J __ 1'. SaftP, clerk. JI...........,,,: with 1Cdward ... Juh .... Judice; J ...... W. McDonald aud Wm D. Bordett, .,..,tal J...ut .. ; J __ ... J. Otlenoo. clerk. N_: wIth Jobo C. K.na.,. JDlltlce; ne.1'J' B. Math.r aad Ed.

ward B ......... epecIal Jull-; Xdward W. c.te, olerk. ........ .".: with !au 8tOl'J' JDIItIce; Chari .. G. Pope .nd Jobn

Bullen Butler. epecIaI J.ItI_; Herbert A. Ch.plD. cl.rk.

Of District CourtS there are seven-

""' l'IorIMno JIW.u-... h.ld at AJer. with JIlrl8dIctlOIl 10 AJer. Grotoo. Peppe ... 11, TOW_lid • .ubb,. 8hlrl.,;WeettOld. LIUletoD aad Dollboroll"'. Le" Wallace, JoeUoe; Johll SpauldlD, and War .... B. Atwood, epecIal J...u_; Geor", W. 8aodenon. tlerk.

""' 8ooo11aew ."''''-. h.ld al I"ramlnlh_. with Jllrladlotloo III .ubJelld, I'raanllllhan,. Holilotoll. Sherbora. 8ndburJ and W.,IaIItI. Will .. A. Klnpbal'J'. JoeUce; Luol. II. WakeAeld .lId Waller Adame, epecIaI J ........ ; Joeeph H. LUcI. clerk.

ftIC ...... JIfd4r-, h.ld .t Malull and Wablleld. with Jarlld1o-tloo III North Readln,. ReadID" 8too .. ham, Wakelleld, Itelroee, Mal· dell. lr:veret& aud Medford. Johll W. Pettineill. Jutloe; Tho ... 8. Harlow aDd80loD BaooroR, .. teClal Julll_; Will""', N. T,ler. clark. ...... lIlo ...... ·Jn~. "ehl al W.lt" ...... wlU, JllrlllllcUfll1 la

W.IU_. Watortown ... ,,1 Waltou. XII .. T. I'" .... Jllitloe; lIe,,1'J' 8. 11111011 and Samoel P. Abbott. oped.1 JUItI_; Albert O. Del ...... clerk.

2'WnI ...... ~ held al Cembrldp. with JorladJcUOD In Ouo· brldp. ArllaC!On .Dd Belmont. Cheeter 1'. Sa .... r. JuIIce; Samll.l W. IIcDaalel and Jabes 1'0ll.l(IIIclal JUItI-; Kmenoll W. Law. clerk.

JIJwI1a ....,.". JI""'.u.u, 1 •• ld at WOO" ..... with Jurl8dlctloD III WII. mlDctoD. Woburn. Wlacheete •• l1li D"r1I"e1oD. Parker L. Coo.ene. JI\IUoe; Qeorp 8. LIUlell.ld anti Char .. D. Adami, epecIaI JnItI_ ; Bdward B. Bond. clerk.

o./ral JIiddl_, h~ld al CoDCOni. with Jurhdlctloo In AetoD; Bed· Coni, Cedille. Conconl, Llacoln, Ha,Danl.Blow and IAa1oC!OD. John

8. Xe, .. JlIIIIoe; a-Ls ThomplOll and Bobert P. 0Jepp, apeolal JaItIoee; DO oJerk.

The officers or the county in 1889 were &8 follow8: J ..... or Probate UJ4 1_1._1: 0-.. K. BIoob, of Concord.

Repeler of Probata UJ4 loeoIftllOJ : .I_ph B. 'f7..... of Wloch ...... A8IIRaat BecfItv of Probate aDd In.lY8D071 Samoel B. l"oIeom. 01 Wlnch .. r. 8hed.: BeDI'J' G. CoehID" or Low.IL Clerk or Courte: Th<IocIore C. Bard. or Cembrldp. AlliltaDt Clerke of Coorte: JohD L. Ambrwe, or Some"IIJe; Wm. C. DlllID,ham, of Kaldea. or-rer: J..... O. JIa7deo, or Malden. JIecIatere of DeedII: North.rn DIItrIct, J ..... L. ThomplOll, of Lowell; Southern DIItrJct, Charlea B. 8leYe .... of Oambrldp. CoootJ COm .... oo_: Wm. 8. Jrroo.t, of Marlborou,h ; J. Hellr, Bead, of ,,'eeIIord; Samael O. Upham, of Walth_. SpecIal 00ma1lolo1Mrl: ... ward B. Tbom...,.., of Woburn; LJ_o Dlk .. or IItooeh_. Oomm ... oll .... of loeolYeo07: Wrederlok T. O .... lIhalp, of Lowell; Joho C. Xeolled7. of Newtoo; Qeorp J. BIIr .... of A,er. IIuten III Chaoc:er7: Waller Adami, of l"ramIo",.; Samu.1 L. 1'0 .... of Newtoo ; J_ph R. 'f71er. of Winch ..... ; Char_ II. ColWlt. or Lowell; Gilbert A. A. PeY8J, of Oambrldp; lIobert P. Clapp, of La"'nctoo I Wla. R. BeD&, of LowelL TrlaJJIIItloee: J __ '1. J ... I ... of B ...... o; WW.u.. NIIH, of NatIok; Qeorp L. Rem ..... w.,. of Hopldotoo. .

The 8I88ions of the Supreme Judicial, Superior and Probate Courts, a8 now provided, by law are :

s...r-.TwtIWaI 0Mri: Law Term for Baroetable, Kl4dl-. Nor­folk and 8ulrolk, at Boetoo 011 the lint WedoeedaJ 0' JaDlIU7 la eaoh ,.,. JIII'J' Terme at Lowell Oil the thlnl TneIIIaJ of April, aad at OuIbrldp 011 the thlnl beedeJ of October. s.,...... 0>wC: Chit B ......... al Lowell 00 the _04 MoodaJ of Ihrch and the lint MoodaJ of Septembar; and ., Cembrldp 011 the lint 1I0odaJ of J.nand the _Dd IIDII4&J of n-bar. CrIminal BIIIl ..... at Oambrldp Oil the _Dd ll004al of I'ebro., and the 11m Monda, of J.ne ; aDd al Lowell OD the thInI lIoD<laJ of October. ,.,.., o-c: alCembridp OD the lint, _nd UJ4 'oorth Ten..,. ;

and al Lowell 00 the third ToeedaJ of .YfIt1 mooth except Ao ....

Tbe records of admission8 to the bar of MiddlElllex County is very incomplete. A perfect record can ouly be obtained by 8earching the record8 of the dir­ferent courts. Sucb a search is now being made under tbe direction or the county clerk, but the fol­lowing partial Ji8t of admission8 i8 given &8 the best that can at present be obtained : J.11an Abbot, Dee •• 1838 • OaJeh W. Abbott, Sep&.. 1885. .1_ C. AbboU, Jlloe, 1148. JobD W. P. Abbott, JIIII" 1830. 0.111'1 AcIaIM, JIIII" 1806. JOliah Adami, JUDO, 1807. 8h .... 1 P. Adami, Dee •• 1M&. Johll ... X. A~ .. Sept., 1861. Joha B. Adame, Sap&.. 1811. Joel Adamol. 8ep&, Ina. JoI,a B. AYOl'J'. Jlloe, 18Tt. HIDI'J' A ......... Sept.. 1820. J_ph Adame, 8epL. 18111. Wm. Qeorp Alden. March. 1871. IIIraID A. AI ..... JIIII" 1860. Alpheo. BrowIlAI ..... J .... lm. Edwin A. Alpr. Sep&.. 18«6. John W. Alieni. Doc.. 1883. John 11. AIlJlloton. JII17. J878. Joho H. Atwood, 00&.. 1884. Amoe AU.D. Oct.. 1817. Beth A-. Oot., lao. Elelo A. Allpll, 1IIpt .• 1775. r- A .... II, J ..... 1871. Wm. T. ADdre ... Oot.. 1811. Beujamlo B. ADd ..... (00 date). Chrlltopher C. Alld ...... Oct..lMO. Arth.r W. ADItIo, Sept.. 181l8. N.tbaDIeI A...ull. Jr •• JII ••• 18ll8.

Clark A. Batchelder. April. 1m. B1brl4p 0....,. Aulln, Oct.. 18M. B....,. D. AoetIlI. 1IIpt •• IINI. WlUlam A • ..uo, ·Noy .. latS. I.uman W. Aldrich. Jol,. 1878. Qeorp naocrofto, AprU. latl. Johll W. BIcon, JOD" lat&. Louoml BaJ4wla. 8ep&.. 1843. 8tephen a-. 1Iarch. 18K. J ... O ... well. J .. lle. 1800. Ith_ W. Beard, Sept.. latt • Nilliao C. B8uoo, Noy., 18111. 0IIar1. C. Darton, April, 1m. Ob.rt_ Bem", Oct.. 1831. Alph •• W. Boell, March. 187&. r- JIem", Jr •• Oct.,I81I. Lao ...... B1ak .. II.,. 1876. Wla. P. DarrJ. JIII,. 1186. All"'.'" D1plow. 00&.. 1112J. Qeorp T. Blplow. Dec., 1881. Will. P. Jllptow. Oct.. 1810. Joeeph O. BunleU, April. 18'1'S. Tller BIplow. J.a .. lBU. IId .. nI C. Bllllnp, Oct., 1811&. 0harI_ B. BlalelWI. Oct.. 18118. HarrIIIIo G. Blaledell. Karch, latll. ....... t T. BeDDer. J ...... 1m.· BeDjemID ... Blood, Karch. latS. I'nIDcIoJ IL JIoocl, Dee •• 1881.

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0IarI. T. Bo .... Jal,. 1880. Artbu P. BoaleT. Sept.. 1MB. J_ BowdoID, Hoy •• m •. ~ Brillle7.1r •• JIaroh.l8III. WIllI_ BrI ......... Oct.. 18M. • IM Ballud. Oct.. 1818. :ldwud Blak .. Oot.. 1811. J_O. ""'1. Ja .... 11180. "'J_II .,. Bot ... 8ept. lIMO. OaI.b Dati ... 00&.. 1811. ..,.. ..... BaUrlok, 1Iarch, 1816. Georp A. BDUuWd, Sept.. 1MB. A_BodI ....... Sept., 1818. Willard BroW1I, JIaroh, 1880. WIlIIaIIl Lock. Browll. Ja .... 1860. AI .... B. BIo_.Sept.. llIaII. Will. L. Brow ... Ja .... 1860. ....... B. BroWII, Oct., IMI. CbarteI BarnU, Sept.. 11&8. HUbaa Brooke, Oct.. 1m. 0- JIenioIo: B1'OCIIaI,8ept •• 1MT. IIan7 A. BrowII ........ 1881. CbarIeI B. Bordl8, Ja .... 186L Georp J. BIII"M, lal,. 1878. ' Georp A. Dr-. April, 1888. 0bIIriII!IK. BealleU, April, l88II. BeI\IUDIa .. BoDd, Oct., 1870. Obartte'r. B\aad .... 001., lITO. Georp B. BalI,Ju •• I8Tl. Jolm OabW. Dec.. 187 .. Georp B. Clemot, J .... 18811. J __ a 0u'III1obae1. Ju17. 1880.

z. B. Cla • ...,. Dec.. 1MB: Aadrew J. Carr. April, l8III. JOIIUbaa~Jr .. Oct., 1880. Will. L. 0bapUa, Ja .... lat. H.U7 K. ObuDberlala. Dec..I88t. Jobll .. Ch....,. Sept.. 1818. Allie 0. 0Iar1r, Oct., 1 ... Hobui 0Iark, Dec.. 18UI. Ira a .......... Oot.. 1831. :ldwla Oobara, ......... 1M'­r-tael D. 001 .. " •• 1888. l'ells 00 ....... Ja17. 1880. Joeb_P. 00II..,.., Jail" IM7. Obartte Cowl.,. April, IINML 0barIeI 0. 001II1II. Sept.. 11140. Boratlo G. r. Oorllll, Sept., las&.

'TlIDOt\l7 A. Crowl.,. 00t..188O. 'lImotbJ D. Orooker. Dec.. IM7. baDCII B. Orowlllllebleld. Ootbr •• '

uaa.. ., ...... P. Canaa. JaIJ. l88L Petw J. 0anJ. Jail" 1813. I.u J_ Outler. Oct., 1INML Lath .. IIManI CallI ... " Manh,

1M. Aui.d D. Obaadler. Dec •• 1_.' , J ...... P. Clampbell, JIaroh, 1878. :Id ..... W. 0Me, Ja17. 18'l1. Joba 8. Onm, J ..... 1871.

• Joba 00 ....... Ja17. 1878. WIII.". Ooarta.,. Ja17. 1878. 'IIIDoUI7 A. Crow..,. Oct.. 1880. 0IarI. B. Ooaut, IIIl'CIa, 18'11. J_ 0. OUter. J ..... 187 .. IIuaael Dexter. Oct., 1811. .. B. DeItI7. Oct., 1881. Joba IIeftnu, Od, 1818. 0bM. De B .... Jr •• Dec.. 1MB. J_ DIIM, Dee.. l88S.

. BeIll_la Den, 00&.. IM1. Will. If. n._port, Ja .... 1813. Bobl .. ~. Sept.. lMI. J_ Dl ......... April, lIM8. .,.. 8. DlsweJJ, Oot.. 18811.

MIDDLBBEX COUNTY. xxiii

Ben., B. Dennla, Ja .... 18118. Will ..... DIllPM'. Sept., 1INML Alaa .... DIIItIa, Dec., 18M. na- DwJcbt, Dec.. 183L B1cbud J. D.,... Jo •• l8811. JOIb_ .. Dodp, Oct.. 1m. Wanea P.DDdI.,. Oct., 1m •• I.u 8. Dale,. Ja17. 1878. WIll ..... B. Dra., • .Jail" l87t. ....ael 0. ....... April, 11&1. Tbae.J •• nwr!cbt, Oct., 18M. Lake ....... Oct., lat. .... nelO' ___ ,April, 1 ....

..... • .,..., Feb •• 187" A brabam :ldwudl, Sept., 1811. Will. B •• "ot, Oot., 1880. J_ L •• a ....... 00&.. 1818. CIIarI_ 0. ---... Sept.. l8Il. Obarl_ 0. JIJUenoa. Oct., 11M. BeIll ... 11I P. lDIIIe_ ... Dec.. 16M. 00 ..... 1IIIe 0. -.&7. Oct., IM7. Will. ........... Sept.. 1Ml. Goorp". l'erle,. Ja .... 18l1li. Blobud l'enrall, JIaroh. lUI. Ira B. Wort., Jail" 1878. .... ... 1'eraIwarIb, Oct.,18lT.

Peter A. """ Dec.. 1888. 8. P. P. 1'eJ'. 1IaJ. 1801. Jobll O. """'11, llarcb. 1MB. IIIobMI r. I'erweII, Ja .... 1871. Rlobard 8. 1'eJ' • .Jail" 1818. Joba Broob "eltoa. Oot •• 1863. Lather I'Itch. Sept., 1810. Jobll M ....... 00&.,1811. A"" B. I'hke.Ja .... 1818. I.u .... k .. 1IaJ. lBOJ. JOel W. l'Ietcher. Dec., lNG. 0barI_ B. I'\eteher. April, l86O.

• LatberJ."~.AprII,l8&L I'nderIok A. l'Ieber. JaI,. 1881. Zapne hiler. Ju .... 1831. Dleba hU.r. Oot.. la&;

Jobll B. PnIlOb. I'eb., 1881. CIIarI .. R. "eIoh, Dec.. 1 ... Daniel )'nacb, Dec .• 1868. baalrJla .... e (110 datAl). J_ 'w. Graham. Oct.. 18'lI.' I'rederIok W. Orilll ... 8ept •• 1"8. Dalla B. Go ... JIaroh, 1870. Joba P. 0sI .. .,.. 1881. J~ B. GaWel, l'eb, 1888. Will. B. 0aIe, Ja .... 1880. W .... B. Oardlaer. Oct., 1811. Will. B. Oard_. Oct., 1882. .... aeIJ. Gardner. Sept., 1810. Will. P. GlbbI, Jail .. 1M1. AIabel W. 000deI1. Dec •• 1MT. CbarI_ W. Goodnow. Ja .... 1860. IIoberi Gor4oa. Ju .... l868. wm ..... Gor4oa. Hew .. 1811. A.I. G..,. Jalle. ING. EdwudO.." Oct.. 1881 • WW .... O..,.Oo&..IBM. Oil .. B. P. GrMa, April, 1MB. Aadrew J. Gau ...... Sept.. lau. Jobll Q. A. Grlllla. 00&., 1M •• ~.,. Go.., Sept.. 1880. IIIIIba GIIdoIea. Oct., 1811. ... H. Goodh .... Sept.. 1881. Bpbralm D. Bowe, Juue, 1870. 81Il1011 W. Batbaw..,. Oct.. 18811. Pa&rtak J. B ..... " •• 1888. Bbenaaa B ..... Hew .. 1881. .. aell'. Ba ..... (110 date). "iraaN D. Bolt, April, I •• AbrabaID BIIrrIactoll. Hoy •• 1811 •

Georp .,. IluItapoD, Deo..1M7. J ...... Rarrlapo., Sept., lIte. Peter JIaaw&7. April. 18M. WW ..... BalI,JII .... l887. Walter JIutl ..... lIarch.1888. , WIlIIaIIl A. B", ... Sept, 1881 • Bel\lamla r. Bam, JIaroh. 1881. 0IarI_ L. BaIlCClOk, 00&.. 18M. :ldwud I'raaaIII Beud. Oct.. lMI. Georp BeJWGCMl, ,Jail" 1861. ~ n_. Jr •• 00&.. 1837 • ~ Beal •• Sept.. 1800. J __ D. Borne, .lillie, 1888.

Georp T. BIgIOJ. Dec.. 1871. 8aIIlae1 K. BamIltoa, Dec., 1871. 00I'IIell .. B ...... 00&.. 18N. Abnbam Bllllud. IIIl'CIa, 1887. Jobll J. HarYO,. 00&.. 188'-Jobll Bol ..... Jane.'lNG. Tboma BopIll_a. Ja .... 1888. M_G. Rowe, April, 1810. Obert. r. Bowe, April. 1880. HMhulel O. Bol ..... Dec •• 1813. B ... ., B ....... Dec.. 1861. 1.-pIa O. Bolt, Ja .... 1810. Bomor 0. Bolt, la .... 1878. I'nderIok Bow ... Sept. 1810. ....... BI ...... Sept.. 1810. ~ B. B ....... Sept.. 1MB. Jobll L. Haat, .lui •• 1881. Will. A. Batobl_, Dec.. l86O. D • .,Ietcher BaBlooD, April, 1810. Joba 1'. Hakel, April, 1871. Will. A. BatCbI_a. Dec.. 1810. Tbeadon O. Bard, Sept., 1880. Wm. Bu_, Yab •• U, .. R ... ., A. Barmoa. Jall",1871. Jobll BIIlla, Sept.. 1871. Ollar_ P. 1b41.,. IIarob. IIT8. B ... ., .,. Bartbnrt.Oo&.. 1m. J~ A. Bam., .Jill,. 1878. .,...... D. Bolt, April, 18l1li. .... aa1 T. H.,.... .Jail" 1871. Kar&lII L. Hamblet; Dec.. 1m J_ O. I.,. Oct.. 1m. BellI. r. JuUoa, )larch. 1881. 0Iaaa'M AIleD J...., la .... 1860. R_11 J_YIa, Oot •• 1l1li. Aadrew 1'. Je,...tt, JIaroh. 1887. Leu B. "-" ... Sept., 1858. H ... ., B. Jiodkl.., Deo.. t.Mt. ...... 1 J ...... Deo.. lMII. Jobll H. Jordaa, J.II" 1888. Jobll r. J ..... -. Sept.. 1887. :ldwlll B. J .... Oct., 1878. Johll Ja_. Jo •• 187'. BJIVIl B. Job_ • .lUll" 1873. Jutlil AII.ol...., Jail" 1860. Joba A.~. Sepi.. I",. 0IJUer B. K .. "'. Dec •• 1882. Tbeodon KeatlaC. 00&.. 1827. Auoo K.,_. Oct., 1814. Will. Kal_. llarcb. 187 .. Jobll A. KaowJee, ......... 1882. :Idm.ad 1tI .... 1I, Ifoy., 1818.

Joblla. LecId, Dec •• 1888. AA .,. Lawreaoe, Dee., l8I8. Buru B. La_-. Dec.. 1887. a-p P. Lawreaoe, r.b .. 1 •• II'odwud s. Lea.!&&, April, 1M&. Habaa. .......... Jr •• Sept., 1868. 0barI_ Lawll, 00&.. 1118.

, Will. B. L1Ytacwood, Oct., I •• II'od. a. Lao L1.ermore, Mob •• 188t. J_ Lewfe, Jr., Sap., 1110. Jobll Look .. Dec., 1868. J .... h Looke, Ilept.. 1800. baaala 0. Lori .... Oot.. 1888. 0barI_ B. Lowall, Oct.. 1,,1. Aloasol' • .., ..... .Jail" 1M'. A_B; LJoa, 00&.,1887. W,IIII L1-. Sept., l8lIO. .... aa1 r. L,_. Oot .• lB1B • Georp 8. L1WeA.ld, Sept., 1871. A. J. Lothrop, JaIJ. 1880. . Will. B. LalDbert, llarcb. 1888. Belc10a B. Larlq, lal,. 1881. Will. B. LoaCbl", Sept., 1870. Gap". Lawlo ... J ..... 1m. 0barI_8. LIIl." J ..... 1m. TboJUM.,. Larkl ... J ..... 1m. AII'recl O • ......., ... JUIII,I871. Bel\lUDlIl ......... Karob. 1880. J ..... 8. .arp\l, • .,Ib.. 1888 •• Georp 11. ....... Sept., 1811. ....... B. llaaa. Oct., 1818. Jc.ph W. Ilauar, lane. 111M. J __ W_ 1IarcJ. Dec •• 1MI.

Lore_1iIanett, Oct., IIN3. JOIbua H. llanbal. Dec.. IINML Leoaard ... 1111. Sept., 1800. ....u.l H. JlerrIlI, Sept.. laM. Boratlo 0. Merriam. Oct.. 188'­:ldwud Mallell. Dec.. l8I8 • 8tepho MenU, In .... 11K. • L 8. Morw, 8ep&.. lMo. ...... nI .... 1IaJ. 1800. Petar B. --. Sept., 1MB. And --. Sept.. 1881. IlarIt lloon. Ootober, 1810. CIIarI .. H. lIorI.,. Sept.. 18t11. Jobll O. MaK-. Juue, 111M. JIaUh.w J •• cClaIreaV ....... I887. Jobll 1' .... B .. ,. Sept.. 1887., Joba llaNeII, Ja .... INt. Jobll w. IIciDYoJ. I ..... 1888. 0 .... lIaNeman, Ja .... t .... ' olllr 0. 110111I0Il, Ja .... 1870. Jobn G. II.apln, Juae, 1877. Rlchud I • • aK.I .... t, Ju .. lm. Will. P. JIItcheu. ltareb, 1871. W •• B. II_UII. April. 18'13. Peter J. lleOalre, JaIJ. 1878. I'rederlolt P. Harbl .. Ja ... 1883. Jobll T ..... no ... Ja .... 1888. W .... B. H ..... .t.prII, 1871. Albert .,. H ....... Sept., 1838. Daal.l If ........... April, 1880. MIobMI Nortoa, J ..... 11186. Goorp B. H_I, Oct., 11l8.

J. Obelu. Kbaball, 1laroh.188'. JobllBb ........ Ke,..,lIob •• 1",., Will. .. Kaleta&. Hoy •• 1188 •

Artbar .,. L. Hom., J a .... 1888. loba 0. H ........ Sept.. 1MB. Robert RaIItoa HeweD. Dec., 1 ...

Wllu. A. Klllpba.,. I'eb •• 1881. Loa .. B.ItlI.uI, Oct.. 1m. I'Nd8rIak I.Awtoa, JIaroh. l88O. Lath .. l.Awnaw, Ja..,188&. Bat. LepbaJU, Sept.. INf. Joutbo Ledd, Oct.. lIM8. .... aelJ. Ledd, Sept., 1863. Pa&ulll W. Look, Dec., 1871.

:ldwud B. 0·00II ...... Sept., 18711. Ollar_ A. O·Coallor. Sept., 1_. Will. D. Oroatt, .loa •• 187" Wm. H. 0Ip0d, Jlarcb. 1880. W ........... ou., Ja..,I871. Tb_ O·K .. , .. Ja17. 1880. Jobll L. 0' Hell, Deo.. 1813. ...... 1 D.l'u1rtdp, Sept.. 1880.

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•

xxiv mSTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

lIaIIIaei Parker, Got.. 1 ... TboalM A. l'ancIu, Jaae, lM8. Joha B. W. Pap. Jaae, lab. J'nderIak Parker, 8ep& , l8'1. 0111 Parkbant, April. l888. lIaIIIael Panoae, Sept., 1811. Natbaa Parb, Ifareb. 18111. Joha S. Pa&toD, Jal,.. 1880. Wm.1L 1'aJDe, Got.. 1831. 0.0 ..... W. Pelt, )'eh •• 1M8. l'Ionatlaa W. Peltoa. Mareb, 1_ DaYld Perbam, Ilareb, 18111. HOIIICIo N. Perkl .... Sept., Ian. lteaJamla 1'. P.rkI .... April. 18111. Ala PeabooI7. 8ep&., 1818. Joha W. PettIngill, n.c., 1 .... Oeorp W. Phim ... Oc&., 18M. W-s.u PbIDI ... 8epL. 18M. Aibioa A. Perr:r. April, 1888. Tbomu W. PhI1I1 ... No" •• 1118. Bttl\lamla J. p-u. 8epL. 1828. Alfnd N. ~Lt, Dee., 18M. JOIIII&baa Poner. NoY .. 1818. Benr,. O. Pra&&, I'eb .. 18111. BUlbrocl W. ~. n.c.. 1 .... Ifanhall PnItoa. No"., 1118. Willard Phllll ... Oat •• 1818. Oeorp W. Poore. Jat:r. 1 .... Bear,. A. Plnd.r. Oat.; 18M. J..., O. Patten. Oct.. lIlT. JOOn S. PaUen. Jul,..I880. Joba H. Punch. I'eb •• 1881. Imne S. Porter. April, lITO. Joba J. Plcknwa. s.pt.. IITI. Slda.,. A. Pbllll ... Jau.. 1.., •• Chari_ H. Phel ... ,.iIlI., 187 .. K. Hear,. Pedrick, n.c., 1.., .. Natbaa D. Pra&&, Sept.. 1nll. Edward B. Qnlna. I'eb., 1881. I'ra~l. W. Qua, Jal,.. IIT8. 0ari,.1. W. QuIOlb,.. Oct •• 18113. Wm. A. n-, Oct.. 1863. Edward S. Rand. Oct.. 18S3. Iaac G. IIeecI, n.c., 1838. Bobert Baaloal, Jr •• Oct.. 1831. John B. Rlobanlloa. Sept. 1828. W,.man lUcbardIoa. n.c.. 1128. Wm. N. Blchardloa, Dec., 1M. Daal.1 Blcbanllon, Dee., 18S7. Chari .. G. Rlple,.. Sept.. I .... Ebea_ Rockwcod, JaDe. IM6. Joba W. n-I. Sept., Ilor.. Richard BoW_, Oct., 1831. Joba P. Bobl ... n, Oct.. 1829. Ohart_ JIobIDlCa. Juuo, 11151. A hnlr Bopn. If ...... h, 11I6G. Joha Q. Bopn, No .... 1810. . Bndronl a_II, Sept., 1821. 0barI_ RuIoII, Sept.. 1818. Jam_ RuIoII, Oct.. 1118. JOliab Botter, Jllae, 11M3. Henr;r W. BobIIllOn, Jul,..I .... Samael B. Bosen, June, 183fl. Daniel H. Rlchanlloa. Jan., 183G. DanIel II. Rlcbudlon, JaIJ. 18'11. Joba S. Searle, Oct.. 1813. 0.., ..... r. Stoae, )'eb., IIT'­lIear,. J. Barpat, Oct.. 1833. Daal.l8eaaden, n.c.,I .... Oeorp L. s....,..r. n.c., 1l1li8. Thomu O. Selfrldp, No" •• 1800. Natb. SbaUUclr. Jr .. Ju, .... 180'­Horatio Shlple,., Oct., 1833. Wm. Eo Sprapo, Jane, 18111. Iaac 810100, n.c., 1881. Parr/Mln G. Sleeper, Oct., '1801.

Ira Spauldlag. April, 1 .... Wm. Sew,.er. Sept.. 1831. Phillip H. ..... Oct.. I .... Normua .... er. Oct.,II1T. GulaYOlA. 8cmer\IJ.00&.. 1MT. Bd. D. 8obler. Oct., 18M. Daid.IStoae, Jr •• n.c.. 1828. 'Job a O. Sh-. JaIJ. 1880. Bd. ... Sh._, 1'iIlI •• IMT. Joha Shople, Sept.. 1110. Wm. 8laatl1eh. IIarob. 181'1. (Jeowge Ste" ..... Sept.. II6&. 0.0 ..... H. Ste ....... March. 1880. Aeab.11ltee11ll, Sept., 1800. Belllamin R. IIteeIe, Oct.. 186'1. Kartln L. S""'e, Karob,I828. Hen.., W. Smith, March, l8C3. Wm. H. L. Smith. April. 1 .... \Vm.I'. Smith, 8epL,IML Joha Stuart. n.c., ]M'1. Obarl_ A. ... Swan, 00&., 111110. Theodore H. Sw ..... r. Sept.. 1 .... BnlI" TeDD.,. Swift, Dec.; 18111. Soloa W. ate .. aae, J ... , 1888. Georp Sandenon, Dec. I •. o.orge R. Stone, Jaae, 1m. Albert H. Skilton, Jan" 18'10. Oharl_ ... Stoae, Dec •• 18'18. Obar\_ W. Se ..... Jul,.., 1871. Andrew J. IItttckpole, Jaue, 1180. Obarl. A. It'. Sw .. , Oet.. 1868. Jobn r .. Spring. n.c., 1880. Wm. N. Tit .... J .... 1880. Jobn P. Tarbell, Juae, 1831. Eben_ 'l'bacher. Sept., 18.1t. DuaI .. 1 Taft, Jr •• Juae, 183'l. J&meI Temple, Oct.. 1881. Joha L. Tattl., April, 1888. J_ph H. T;rter, April, 18113. Georp 0. Tra"I .. n.c.. 18'11. Loail K. Tra ..... n.c.. U!TII. Wm. H. H. Tuttle, Oct.. 1m. Jam_ II. Troatt, lIareb. 1.., •• Slapben H. T;rng, NoY., 18'111. Jo_ P. Varnam, Jnae, 18811. Atkluon C. V .... am. Sept., t818. John Varnnm, Sept., 1851. 8emnel B. Waleal&, Oct.. 1-' O_n War\aad, Jaae, J8S7. S. H. Welt.,.. Jr •• 00L. 1881. Joba S. Wallll, Dec., i818. Goo,.. P. Weldroa, OcL. IM8, Wm. A. Wamer. Oct., ]ato. Ellha B. W_barne, n.c.. t838. Wm. R. P. W_barn, Oct., 1811. It'raacll O. WaUl, 00L. 11127. B_ Welton, Oct.. 1 .... Paul Willard, Oct., 1m. OIlyla Willard. Dee., 182ll. wmaeJ S. Willi ...... Marel" J838. Joba II. WII_a, Ifarob, 1833. DaYld S. Wlilon. April. IIG. 1_ G. WIlIOII. Jane, 1841. Jobn Wlnneck. Deo.,·I848. Robert O. Wlntbrop, Oct., 1833. Johu T. Winthrop, O<'..t., 1820. &emDeJ II. Wilcox, 001.., 18111. OI,m_ a., Wcodmaa. Dec .. 1161. W .... B. Wordiag, April. 1M'. Joha Wright, Marob, J8M. Wm. P. Wrl..,t, S.pt., 1l1li8. Thomu Wrlllbt, Sept., ]MII. NatI.aalel Wrlgbt, Jr •• Sept.. IMI. Lorenzo WeIto"er, Juae, 1M3. Iaac W. Weblter. April. 1MB. Wm. P. W.bolar, Sept., 18411.

Tbomu W.tmore, No" •• 1118. "raaklla WonlII&Ir, Ja .... l..,l. Alfnd A. Wblte, Karob. 1818. 0barIeI B. W.u~ April. William WhIte, Sep •• 1810. l8'1l. Bttlll_ln W. WbUDe;Y, Oct.; l848. B.a.., S. Weblter. Oc&.. 1m. Georp K. Ward, Dec.. 1886. Selmon Whl&a.,.,1lareb, 1880. 0barI_1'. WonlII&Ir. »eo .• 1.... Daniel WIlIIeme, IIarob, 1880. PrentJ. W.beter .... It.. 1881. Georp 1'. Wcodwvd, lleb.. 1m Joha Warren. "iIlI .• 1881. Ba:r- II. Willon ... eb •• I8'1'-Edgar Wuren Wubborn, Oct.. Joha H. Whllea, ...... 18'1"

lB'IO. Herbert B. White, Dee., 11188.

The above list Is not only incomplete ao lar.aa ad­mialSioDB to the bar are concerned, but it is by no meanli confined to lawyem living or Intending to settle with­in the county. It is presented in thia chapter, rather than in that on the Bench and Bar, for the reason that it includes many who never intended to practice with­in the county, but who were admitted at its different courts on account of their proximity to the Dane Law School at Cambridge, or the private offices in which they had pumued their studies.

There is liLtlnhat can be added to this sketch of Middle.sex County, which haa already extended be­yond the limite 881igned to it in these volumes. The lpecial industries, many of them of large proportiODS, which abound in the couuty, the varioul charitable and reformatory inltitutioDI established within ita boundaries. the highways and bridges laid out and bum under county supenision, will all be referred to in the hiltories of the towns, to which this sketch may be considered a preface. The following chapter though entitled a Iketch of the Bench and Bar, is separated (rom this by only an arbitrary line. and may properly be considered the second chapter of the History of the Oounty. '

CHAPTER II.

BE1WIl ..AND B..AB.

BY WILLIAM T. DAVIS.

IN the earlier days of Hiddleilex County the bar waa divided Into two daMes. barri8ten and attorneYI, and this division continued untiI18S6, though after l806, under a rule or court, couuaelora were substi­tuted for barri8tem. In the earliest days the lawyen were chiefly uneducated men, and of the judges few were educated to the law. Edward Randolph wrote home to England In January 1687-88, "I have wrote' you oUhe want we have ortwo or three honest attor­neys (if any such thing in nature); we have but two; one is West's creature, come with him rrom New York and drives all before him. He alao takes ex­travagantfees, and for want of more the country can­not avoid coming to him, 80 that we had better be quite without them than not to have more." These two attorneys were very likely George Farwell and James Graham, the former of whom wuclerk of the Superior Court, and until June 20, 1688,attorney-gen-

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BENCH AND BAR. xxv

eral, wben be waa succeeded by tbe latter. Little is known of tbe barriaten before 1768. In that year there were twent,-fiYe. barristers il1 M8II8Chuaetta. Of these, eleven were in SnfFolk-Ricbard Dana, Benj­amin Kent, .James Otia, Jr., Samuel Fitcb, Williain Be.d, Samuel Swift, Benjamin Gridley, Samuel Quincy, Robert Auchmuty, Jonathan Adame and An­drew Oazeneau. Five were in FAeex-Daniel Farnham, William Pynchon, John Ohipman, Nathaniel Peaselee Sergent and Jobn Lowell. Two were in Worceeter­James Putnam and Abel Willard. One waa in Mid­dleeu~ouatban Sewall. Two were in Plymouth­James Hovey and Pel bam Winalow. Tbree were in­:oo.ton-Bamuel White, Robert Treat Paine and Dan­iel Leonard, and Hampsbire bad one,John Worthing­ton. According to Washburn'a .. History of the Judi­ciary of lIueachnaet.ts," from whom tbe writer quotes, aixteen otherbarrieters were made.before tbeRevolu­tion-Jobn' .Adams and Sampson Balter Blowen, of hton; Hoeea Blias aDd Jonathan Blin, of Sprin~· field; Josepb Hawley, of Northampton; Zephaniah Leonard, of Taunton; Marlr Hopkins, of Great Bar­rinlton; Simeon Strong, of Ambent; Daniel Oliver, of Hardwick; Francis Dana, ofOambridge; DaDiel Bliu, of Concord; Josbua Upham. of Brootfield ;.Sbearjaa­bub Boume, ofBarnst&ble; Samuel Porter. of Salem; J eremiab D. Bogen, of Littleton, aud Oakes Angier, of Bridgewater.

nis by no meana genel'lLlly known wbatconatituted a barrister in New England. The term is derived from tbe LaLin word bGmJ, aignifying bu, and waa applied to those only wbo were permitted to plead at the bar of the courts. .It waa necesaal')' in England !.hat a barrister before admiaaion abouldbave resided tbree yean in one of the Inna of Court, if a graduate of either Oambridge or Oxford, and five yean if not. Tbeae Inns of Court were tbe Inner Temple, tbe Middle Temple, Lincoln's Inn and Gray'a Inn. Up to the time of the Revolution the Englisb cuatom waa 80 far followed aa to make a pract.ice· of three yean in the Inferior Courts a qualificat.ion for admiaaion aa bar­rister. Johu Adams aaye in biB diary tbat be became a barriater in 1761, 'and WaB directed to provide him­self with a gown and banda and a tie-wig, having practiced according to tbe rules three yean in the In­ferior Courts.

After the Revolution the appointment of barriatel'8 continued, and the following ent.1')' baa.n found by the writer in the records of the Superior Court of J udicatnre :

.. 8a1'o1k 118. 80perior Uoort or .Jodlca&an at no.Io»lI. third To...,. 0' J'eIIraar7. 1781. ~lIt Will. OoIhtug. Kathaolel P ........ l, n.,.1d Bewall aDd .JIUlI. 8ll1I1.an. JIIItIcoe: and I16W ai th .. terlll the rollow 1111 rail II ..... .", tho Court -' ordered to be entered, Y1L : wh ...... ....... 1 .. aDd U&eru7 _1'1'*_011111 an ~ .. wen to pnIIIlote the happI_ u to ...-w. tho rnodolD 0' tho 1NOPIe. aod the leanal .. of tho law. whell da\J _npd aDd rJlht17 dl-wd, boIl1g .. well plCol....,. lO .......... t to the ana& aDd ...... pttrpoIIO ar-Id .. pro-1IIDtI" 0' pablio aDd prtYa&e J ..... ; ud the Ooart bel .... ai ... Um ... nodJ to bellow peoalJar _rim or appru\Ja&IoD npoa the IOlItl_ or the bar who, bJ .. ~ appllcatloll to theltlld;y of the 1CI0_ the,. pro-

,.., b,. a mode or coDduot which gly. a coaYloUolI or tho nctIWde or their ml_ aDd a rune. or ,-Ice thai do. hoaor to tho JII'OI..toIl or tho law. Iha1I dlltlquleh u mell 0' ICl0nco. hollOr aDd llItecrtlJ. Do order &ha& DO ... Uomall ..... l be called to tho cIecne 0' buTt.ter IIIIU. he ...... merit the _0 b,. hllo _pi co_ ~c, abIlllJ aDd hOll_: aDd tha' the Court will. or their owa __ moUoD, caU to the bar ~ penou ........ nader th_l_ wor&hJ u ., ........ d; aDd &ha& tho IllaDDOr or callinc to tho bar ...... be u folio .. : Tho pII­

doman who ..... 1 be a CIIIldldato ..... 1 ItaIId wlthla the bar; tho chler JaAlee, or 10 hie aballlco &I.olOnlor Jnetloo, ..... 1. III tI •• name 0' the Court, repeat tu him the qaalllleatlo ... n-r Car a barrf8ler.at-law ; lIhaIl.et him kIIow &ha& It .. a COIIYloUoII la the mlDd or the Court or hllo bellIl..-. or th_ qaalllca&loDl thai IDd_ ua.. to coater tho boIIOr uJIOa "1m; aDd ... alI1Ol8lnlll,. char&e him 10 to coDduot .. I .... ' .. to ... 0' lllIlUlar .. nice to 10110 counb'J bJ' OU""III loll ablllll. ror the defonce or h. Co .. UtIIUonal fnalom; aDd 10 to demeaa hi_if u to do bollOl' to tho court aDd bar." ,

The act establishing the Supreme Judicial Court, July 8,-1782, provided that the court ahould and might (rom time to time make, record aDd establiah aU such rulee and regulatioDl with respect to t.be admiaaion of attorneya ordinarily practicing in the aaid court, aDd the creating of barristers-atolaw. The following rule "aa adopted and entered on the'~orda of tbat court:

"lIa4'olk 88. At tho Supreme Judicial Court ai DoeIou. tho Jut Tn.-.. .., 0' A ...... "83, ..,..nt wm ..... Ouhlnc, Chief JMtIco; and lI'a-thulel P. 1Iarpa1ll, Da.ld Be .... 1 and 180_ 111m .... , .J1IIII-, ordered that barrIIte .. be called to the bar bJ IpeOIal writ,. to be onlend b,. the Ooar&, aDd to be la the roUowlllK rorm : .

... 00 •• 0 .. W .... 14'8 'or HAILl08uuna.

'" To A. B, BIq., 0' --.O...ung: We, woll kllOwlllg 10ur abll­it,., leanallli aDd IntegrllJ, com_lid JOII tha& JOa aJlPlOl' berore oar llIIIJoIO of OIIr 8IIpnme .Judicial Court DOxt to be holdea ai --, In "lid for oar COUll.., of -. on the --T......, or -. &1_ aDd then In oor aid Court to take. apGo ,.011 the IIate aod ....... or a llarrllter-ai-l.w. Ueroo' I'aI1 1I0&' Wltu_ --, .... , onr Chler .J1IItIco ai DoeIon, tho -- dq or -. III the ,. .... ot our Lord --. aDd III tI .. --;year otGOr IDdepe ........ --. B,. order or the Coar&, --. Clerk.'

wblah writ ..... n be rurl,. on~ OD parohmentand dell"red twellt,. ....,. beron the -'00 or the _.. Onort b,. &1.0 SheriI\' or the _e couat,. to the penon to whom dlncted, aDd belnc produced III Court bJ the Berr\8ta' aud then nod b,. tho OIertt aud proper cortIlIcUe tbe ..... mode, ..... 1 be ..... II .. red and lIept .. a _her ot loll belnl 1-'1,. called to the ..... : .... d tb. Barrl.rnhall tako nil" IlODOI'dJIIC to tho 'date or their ....,.ctIYI wrllL"

It. is probable that no barristers were called after 1784, and in 1806, by the f01l0wiog rule of court, coun­sellon seem to have been substituted in their place:

.. 8otrolk 88. A' the SapretllO .Judicial Court ai DoeIou lbr the eGOII­tloo ot 801l\>Ik aDd Kantllclte&, the __ TOIOde,r or lIareb, 1108, prooellt J'nac" Da..... Obler .JutI"", Theodore Bedgwlck, 0 ....... Tlaa&cher alld Iaac Parker, .JauU-, onlend: )'1m&. 11'0 Atton.,. .... " "0 thellllal_ 0' a CouRlelior onl_ 100 ..... 1 haYe ............. or .... -_Itted u lOCh .", the Court. Becolld. All Alto....,.. ot &hili Conrt, who I.a" been ...... Itted three ,. .... before the ..wnc of th .. Cour&, ..... 11 be aDd .......". an ellUtIed to all the rlghte aud prtyllepo or 0001.. Third. Ko Attn.....,. or OouRleIIor ..... 1 henal'ter be ....... ttod wltI.OII' a (Ift­

YIo_ tlIIlIIIIDa&Ion. etc."

In 1836 (Ohapter 88, Section 28 of the Revised Statutes) i~ waa provided by law that· .. every penon admitted to practice in any court may practice in ev­ery otber court in tbe state, and there ahall be no dis­tinction of counsellor anll attomey!' The rule of coun above mentioned, Rdopted by the Superior Court of Judicature in 1781, WaB probably made neceaaary by the new order of thinge brought about.

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xxvi HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS. ---'---- ----------------:---

by the Revolut.ion, and waa probably only a new de­claration concerning barristers of a rule which had ex­isted in the Provincial -courts. It haa been thought by lOme that until 1781 the English rule prevailed re­quiring a probation in one of the Inna of Court, but it ia absolutely certain that many of the barristen of 1767, a list of whom baa been given, had never been in England.

Among those on the bench in the Mauachuseta Colonial and Provincial periods, aa has already been said, few of the judges were trained to the law. Up to the Revolution only four judg~ educated aa lawyen had been appointed to the bench of the Superior Court of Judicature-Benjamin Lynde. Paul Dudley, Edmund Trowbridge and Willi~ Oush, ing. Ofthese, Edmund Trowbridge alone waaa Middle­sex County man. Mr. Trowbridge waa born in Newton in 1709, and graduated at Oambridge in 1728. In 1749 he waa appointed by Governor Shirley Attorney­General, and in 1767 a justice of the Superior Court, resigning his office in 1772. He presided at the trial of English 80ldien charged with murder at the Boston 1Il888&Cr8 and won great credit for hilS ability and im­partiality. Though a Loyalist, he held the confidence and respect of all parties until his death, which 0c­

curred at Oambridge, April 2, 1783. It seems surprising at this day, when the highest and pro­foundest legal attainmenta are lOught for the bench, to find how little legal knowledge the judges of the highest coura in the early days must have poaaeued, and how strikingly unftu.ed by tem· Jlfll'lUDent and education many of them must have been for the occupation in which they were engage4. William Stoughton waa the chief justice of the Court of Oyer and Terminer. created as a .pecial tribunal II 888igned to enquire of, hear and determine for the time all and all manDer of felonies, witchcraft, crimes and offences how or by whomsoever done, committed or perpetuated within the several counties of Suffolk, Essex, Middlesex or, either of them." Its special miuion was to try the caaee of witchcraft. then pending in Essex. Mr. Stoughton waa boru in Dorchester in 1631 and grad­uated at Harvard in 1650. He waa educated for the ministry, became a fellow at Oxford and preached in England and in New England after his relurn. In 1668 he preached the annual election sermon, and, though never settled, continued,in the minietry uutil 1671. Nathaniel Saltonstall, one of the 8880Ciate jUltices of the court, waa a military man, but declined to act, and WR8 succeeded by Jonuthan Curwin, n merchant, and the other justices were Samuel Sewall, a clergyman; John Richards, a merchant; Waitatill Winthrop, a physician i Peter Sergeant, probably a merchant, and Bartholomew Gedney, a phYlician. The strong men on the bench were undouhtedly Stoughtou and Sewall, and on them, more .than the othen, the responsibility must rest for the barbarous results of the trill:18 in which thfY were engaged.

Of the Court of A.istante, which existed during the Colony of Mueachusetta, there were some who, as Middlesex men, Ihould be lI)entioned in this narra­tive.

THOMAS DUDl..BY, an aaaiatant in 168lj, '86, '41, '42, '48, '44, waa one of the founden of Cambridge in 1681. He remained there, however, only a few yean, and aAer a short residence in Ipswich became a resident of Roxbury in 1686, before the county of ' Middlesex Will incorporated. He was Deputy-Governor from 1629 to 1634, from 1687 to 1640, from 1646 to 1650, and from 1661 to 1658. He was allO Govemor in

·1684, 1640, 1646 and 1650 i commiuioner of the four colonies of Plymouth, Maaaachuaetta, New Haven and Connecticut in 1648, 1647 and 1649. While in Oam­bridge Mr. Paige, in his hiatory of that town, atates that he lived on the northwesterly corner of Dunlter and South Streets. He died in Roxbury, July 81, 1658.

SIMON BRADSTRBBT, 888iatant from 1680 to 1678, was alao one of the original founden of Oambridge, but became a resident of Andover in 1644. H~ mar­ried, in England, Ann, daughter of Thomas Dudley, and· while in Oambridge, as Mr. Paige allo states, lived on ·tbe eaaterly corner of Brighton Street and Harvard Square. He died in Salem, March 27, 1697.

JOHN HAYNES; an aslJ8tant in 1684 and 1686, came to New Englal.nd in 1688, and lived a abort time in Cambridge on tbe westerly aide of Winthrop Square, removing thence to Connecticut in 1687, of which State he was the first Governor. He was also Governor of Maa.chusetts Colony in 1685. He died in 16M.

ROGBR BA'RLAKENDBN, an &IIIistant from 1636 to 1688, came to Oambridge in 1685 and lived on the Dud~ey estate, where he died of small-pox, November 17,1688. . .

INCRBASB NOWELL, who for many years waa an 888istant,'came to New England with Winthrop in 1630 and was _etary of the Colony from 1686 to 1649. He was a founder of the church in Obl&rlestown in 1682, and dIed in Charleston, November I, 16M.

HBllBBBT PELRAJoI, an 888iltant from 1646 to 1649, though he remained in the country only a few yearl, waa during hia stay a Middlesex man. Hia grand­father, Edward Pelbam, of Haatings,ln SUl8ex Eng­land, Willi a member of Parliament, wbo was admitted at Gray'l Inn in 1563, calJed to the bar in 1679, knighted and made Lord Obief Baron of the Ex­chequer of Ireland, and died in 1606. Hil son, Herbert Pelham, of MichellllUl Priory, was admitted to Gray'l Inn in 1688, and his IOn, the emigrant to New England, bore his father's arml id the Hastings mUlter·roll in 1619. The last Herbert, the IUbject of this abort sketch, bom in 1601, graduated at Oxford in 1619 and came to M888acbusette in 1688 and settled in Sudbury. He was the fint t.reaaurer of Harvard College, nnd retlnned to England in 1649, where he died in 1678. His will, proved in London, Harch 18,

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BENOH AND BAR. xxvii

1677, call, him of Bewera Hamlet, Eeau, and apeab of Thoma Bellingham ai the hDlbaod of hie ater. Bya flnt wife he had a I5On, Edward, and a daughter, Penelope, who married, in 1661, Governor JOOah Winalow, of, the Plymouth 00lony. The I5On, Edward, married a daughter of Governor Benedict Arnold, of Rhode Ialand, and died in Newport in 1720, leaving three children-Elizabeth, Edward and Thoma. Mr. Pelham, the Ulistant, married for a aecond "ife Ellzabeth. widow of Roger Harlakenden, who W88 all50 an Uliataot, from 1684 to 1688, inclusive. The Pelham hOU8e in H88UngB, built in 1611, wa atanding in 1862, the oldest house in the town.

FBANCIS WILLOUGHBY, another 8I8istant, W88 the I50n of Oolonel William Willoughby, and W88 born in Portsmouth, England. He W88 admitted a freeman at Charlestown August 22,1688, and wain pubUceervice almost con,tinuoDlly until hi. death, "hich occurred April 4, 1671. He wa selectman of hie adopted town seven yean, W88 the repreaentative two yean, wu uaiatant four yean' and Deputy-Gon.mor from 1666 until hi .. death. Jle wa IllUoceIIIItUl merchant, leaving at hie death an estate valued at about £4000, of which he gave 800 acres of land 'to the schools of Charlestown.

DABIBL GooKIN, another Hiddleaex UI~tant, W88 in varroDl way. a prominent man. He W88 born in Kent, England, about 1612, and died in Cambridge Karch 19,1687. He emigrated to Virginia from Eng­land in 1621 wit.h hie father, and came to New Eng­land in 164i. He W88 a captain in the militia, a deputy to the General Oourt from Cambridge and uaiatant from 1652 until 1686 inclU8ive. He W88 at different timea auperintendent of the Indians, Iicen­aer ofthe pretll and marshal· general of the Colony. He w~ the author of "Hiatorical Collections of the Indiaoa of Muaachuaette," which were published by the Maaeachusetta Historical Society in 1792. He married, in 1689, in England, Mary Dolling, of st. Dunatan in t.he West, LOndon.

, SIMON WILLABD, who W88 an alBietant from 16M to 1676, W88 born in Kent, England, about 1606 'and died while holding court at Charlestown April 24,

,1676. He came to New England in 1634 and lived many yean in Concord, Lancaster and Groton, flna)]y removing to Salem, of which place he was a reaident at the t.ime of his death. He was connected with the militia and wore the t.itle of mllJor.

RICBABD RUSSBLL, an uaiatant from 1669 to 1676, came to New England from Hereford, in Hereford­ahire, England, and Will admitted a freeman at Charitwtown in 1640. He 1.fU a setectman of that town twentY-Bix' yean, a deputy to the General Conrt ten yean, an ... iatant si:l:teen yean, Speaker of the HOllie of Deputiee flve yean and twenty yAa1'8 the colonial treasurer. He W88 a merchant by pro­f_on and accumulated a fortune that.a large for the tim... He died May 14, 1676, giving by hie"i11 £100 to hie church, £50 towards a parsonage bODle.

£100 • to thE! town for the ben eSt of the poor and £100 to Harvard College. By a wife, Maud, whom he probably married in New Englaod, he had James, born in 1640; Daniel, who graduated at Harvard io 1669 and died in Cbarleatown after his acceptance of an invitation to become itM lettled minister January 4, 1678; Catharine, who married William Roewell, of Connecticut; Elizabeth, who married Nathaniel Gravel and John Herbert.

THOKAS DABPORTH, an 8I8istant from 1669 to 1678, wu the son of Nicholas Danforth, of Cambridge, and wu born in Suffolk, England, in 1622 and came to MueachlllettB with hie father in 16M. He wu admitted a freeman in 1643 and in 1667 wu a deputy to the General' Oourt from Cambridge. In 1669 he W88 promoted from ... Istant to DeputY-Gonrnor and remained in office until 1686. In 1679 he W88 ap­pointed by the General Court preaident of the Prov- ' ince of Kaine, and a General Court for that Province wa held at York in 1681. He continued in that office until the arrival of Dudley, in 1686, and after the old charter W88 reaumed, upon the retirement of Andros, he W88 again made Depnly-Governor and continued in office until the union of the Colonies, in 1692, and the eetabliehment of the Province. Under the Provincial charter he wa made one of the Judges of the Superior Court of Judicature, and con­tinued on the bench until hil death, which occurred at Oambridge November 6,1699.

PBTBB BuLKLEY, an a~aistant from 1677 to 1684, was the I50n of Rev. Peter Bulkley, of Concord, and wu born August 12, 1648. He graduated at Harvard In 1660, and, though educated for the miniatry, became an active man in the affain of the Maeeachu­setta Colony. He wu a deputy to the General Court from Concord from 1678 to 1676, and in the latter year wu Speaker. He wu one of the judgt'8 of the Superior Court uuder Dudley at Ooncord Hay 24, 1688. He married, April 16,1667, Rebecca. daughter of Lieutenant Joseph Wheeler, who, 88 hie widow, married Jonathan Prescott. Peter Prescott a I50n of Jonathan, born April 17, 1709, dealt largely in wild lands in New Hampshire, and gave the name to :Peter­boro,' in that State. He commanded a company at Crown Point in 1758, and before the Revolution re­moved to Nova Scotia, where he wu appointed clerk of the courts, and died in 1784.

THOMAS .I!~LINT, au auistant from 1642 to 1651 and in 1668, came from Matlock, in Derbyshire, England, and settled in Concord in 1688. He wu a man of wealth for New England. and ie aald to have brought with him £4000. He W88 a "presentative to the Gen­eral Oourt four'yean, 88 well 88 being an Uliatant. It wu said of him that he W88 "a lincere senant of Christ "ho had a fait ,early revenue in England, but having improved it for Christ by cuting it into I.he common treaaury, he waita upon the Lord for doubling his talent, if it shall seem good unto him 10 to do, and the meantime spending hie penon for

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xxviii HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

the good of his people in the respouaible office of mag-istrate." •

JAKES RUSSELL, an 888iatant from 1680 to 1686 inclusive, W88 the son of Richard RUEell, who baa al­ready been mentioned in the liat of 88BistantL He W88 born in Charlestown, October 4, 1640, and mar­ried a daughter of John Haynes, who W88 Governor of the Colony from May 5, 1635, to May 25, 1636, and W88 ancceeded by Henry Vane., Mr. RUlle11 W88 a deput" to the General Court, one of the Council of Safety at the depoeition of Androa, and colonial treas· urer from May 19, 1680, to May 11,1686. Under the Provincial charter he W88 named as one of the Council. He died April 28, 1109.

On the 7th of October, 1691, the M888&Chuaetta Colony ceaaecl to exist, 88 on th"t date a new charter p88led the great 18&1 embracing M888aehuaetta, Plym­outh, Maine, Nova Scotia, Nantucket and Martha's Vineyard in a new government by the name of the "Province of Haeaaehuaetta Bay." Under thia charter, which reached New England in 1692, the General Court W88 authorized to eatabliah courts with power to try all kinds of civil and criminal cauaea. Before, however, the General Court had met under the new charter, Sir William Phipps, wbo had been appointed the fint Governor of the Province, created the special Court of Oyer and Terminer, already re­ferred to, for the purpose of trying penons charged with witchcraft. The judges commiyioned for this court June 2, 1692, were only a short time in service, and in AuguSt or September of the same "ear t.he court W88 dillOlved. None of the judges were Mid­dlesex men, and consequently they have no place in this record.

The courts, 118 baa been already mentioned, perma­nentlyestablished under the charter were tbeSuperior Court of Judicature, the Inferior Court 01 Common Pleas, a Coud of Chancery, and the lower courls 01 Quarter 8eBBions of the Peace and of J usticea of the Peace. The Superior Court of Judicature conalsted at fint of Willlam Stoughton, chief justice; Thom88 Dan­forth, Waitatill Winthrop, John Richards and Bamuel Bewail, R880ciat81. Of theae, Thomna Danforth, tbe only Middlesex man, has already been sufficiently referred to 88 one of the Colonial Court of AlBistanta.

JOHN LBVRRR'M', a justice on the bench of the SlIperior Court from 1702 to 1708, wbo W88 for many yean a reaident of Middlesex County, W88 bOrn in Boston, August 25, 1662. He W88 a grandson of John Leverett, who W88 Irom 1671 to iG78 Deputy-Governor of the M88I&chusetta Colony. He graduated at Har­vard in 1680 and became preaidect of the college on his retirement from tbe bench, which office he held until hia death, which occurred on. the 3d of May, 1724. He lived in Cambridge lOme yean before his accelll1ion to the presidency of the college, and repre­sented that town in 1700 in the General Court, 01 which he W88 Speaker. For some yean before his appointment to the college he held tbe offioea or judge

of the Superior Court, judge of Probate and coun­selor.

JONATHAN RBKlNGTOlf, a judge of the Superior Court from 1788 to 1745, W88 born in Cambridge and graduated at Harvard in 1696. Before his &CC8II8ion to the Superior bench he had been a judge of the Common Pleas for Middlesex from 1715 to 1788 and judge of Probate for that county from 1725 to 1781. He died September 20, 1745.,

THOKAS GaBAVES, a judge of the Superior Court in 1788,w88 born in Charlestown in 1684 and grad­uated at Harvard in 1708. He studied and practiced medicine in the place of hisbirtb. Before his ap­pointment to the Superior Court he acted in 1781 88 special judge of the Middlesex Court 01 Common Pleas, in 1735 as specla1 judge of the aame court in Suft"olk, and in 1787 as special judge oCthe Superior Court for Euex. In 1733 be was appointed' a judge· of the Common Pleas Court, on which bench he re­mained until hie appointment to the Superior Court in 1788. In 1789, after leaving the Superior Court, having been anperaeded by Stephen BewaIl on the 16th of May in that year, be W88 reappointed to the Common Pleas and remained on It.s bench until his death, whicb occurred June 19, 1747.

CHAKB!i:B8 RUSSELL, 80n of Daniel RnIBe11, ajudge on tbe bench of the Superior Conrt from 1762 to 1766, WAIl born in Charlestown in 1718, and grBduated at Harvard in 1781. He settled in Concord, in that part of the town which afterwards became a part of Lin­coln, and remained a resident of the new town after ita inCorporation in 17M. Be W88 appointed ajudge olthe Court of Commou Pleas in 1747 and con'tinued on that bench until April 6, 1752, when he W88 com­miIBioned to the Superior Court. In 1747 he was also appointed judge of vice-admiralty over' New Hamp­shire, Ma88&Chuaetta and Rbode leland, and held the office until his deatb, which occurred at Guilford, England, November 24, 1767. Tbe family of which Mr. RUBSell W88 a member W88 a disting!1ished one during many generation... He W88 the great-grandson 01. Richard RU8B8l1, already referred to 88 one of the Collrt of Aulatanta from Middlesex County dllring the life of the Colony. Jamea B.u8118I1, a brother of , Chamben, who died in 1798, wrote 88 follows to his son, Thomas RUBllell, an eminent merehabt of Boston: " Our family h88 great reason to bl_ God that tbe reputation of it h88 been presened. You are the fifth generation. In the year 1646 Richard Ruuell entered into public life. From that time to the prea­ent I may say the family have had every office of profit and honor which,the people could give them, in the town of Cbarlestown, in the county of Middle­sex, and the State of M&l8&Chuaetta; and I do not find tbat there W88 anyone left out of office for misbe­havior:'

EDKuNDTaowBRIDOE, who W88 ajudge of the Su­preme Court. from 1767 to 1772, h88 already been re­ferred to.

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BENCH AND BAR. xxix

A list of the judges of the Court of Common Pleas during the life of the Province and during the Revo­lution has been already given in the pre~eding chap­ter, but lOme apecial mention of each .hould be made in a ~ketch of t.he Bench and Bar.

JOHN PHILLIPS, commiaaioned a judge of the court December 7, 1692, and remaining on the bench until 1715, was burn in Charlestown in· 1681, and died March 20, 1725. He was alao judge of the Admiralty Court, treasurer Of the Province, and from 1689 to 1715 colonel of a regimenl He was a member of the HoUle uf Representatives from 1683 to ]686, and at. the time of the Revolution was ODe of the Pom­mittee uf Safety.

JAMES RUSSBLL, judge of the Common Pleas Court from December 6, 1692, to i707, has already been Retched aa one of the Colonial Conrt of Al!lli~tauta.

JOSBPH. LYNDB, a judge of the aame cOurt fro~ Dec. 7,1692, to 1719, waa born in CharlestowD in June, 1686, and died January 29, 1727. It ia doubt-­ful whether he waa ever, aa stated by Waahburn, ODe of the aaaistantS under the Colonial'charter. Under the charter of the Province he 'waa named as one of the counaelon, and previoul to t.hat had been ooe of the Committee of Salety in 1689, after the deposit.ion of Androa:

SAMUBL HAYMAN, allO one of the judges of the Court at ita organization, Dec. 7,1692, cont.inued on tbe bench until 1702. He was boro in Charlestown, but probably remo.,ed to Watertown after hia ap­pointment to the bench. He had been a representa­Li've to the Colonial General Court and a member of the Provincial Council. It haa been noticed by the writer that the lIurname Hayman haa been corrupted into Heman, and in tbat form haa been often uaed aa a Chriltian name by pel'llOna connected with the Hay­man family. , JONATHAN TYNG, a judge from July,1702, to 1719,

waa the IOn of Edmund Tyng, and waa born In 1642. He bad been a member of the Councila of Dudley and Androa, and received bia commi88ion from Dud­ley when he came into power in 1702. He lived in Woburn, and di8d January 19, 1724. It ia 8tated by Waahburn, erroneoualy, that. Edmund Tyng wall tbe anceator of the families of that name in New Eng­land. Rev. Dr. Stephen Higgin80n Tyng, of New­buryport and New York, Rev. Stephen HigginlOn Tyng, Jr., of New York, and Rev. Dr. Dudley Atkinll Tyng were the IOnl and grandaonll of Dudley Atkina Tyng, a dlatinguished lawyer of Newburyport, who waa the Ion of Dudley Atldnl, and a .descendant of Governor Dudley. He changed hill name on hill in­heritance of the estates of Jaines Tyng, of Tynga­borough, and haa been well known aa the reporter of the Supreme Judicial Court and editor of lIeventeen volumes of the repolta, covering a period from Sap-

• tember, 1804, to lIarch,1822. FBANC18 FOXCROlIT, judl'e of the Court of Com·

mon Pleaa from 1707 to 1719! and judge of Probate

from 1708 to 1725, waa bom in Cambridge in 1668. He was a commi88ioned judge under Andros, and opposed to the Revolutioll of 1683, maintained hia opP08ition to the. new order of t.hings until he waa finally rewarded by Dudley by a seat on the beuch. He died in Cambridge Dec. 81, 1727. ,

JONATHAN RBMINGTON, who waa judge from 1716 to 1738, haa already been lIufficiently referred to aa a judge of the Superior Court.

JONATHAN DOWSE, a judge of the court from 1718 to 1741, was a Charlestown man, and a graduate at Harvard in 1715. lI'or many yean be was prominent in town affain. He waa one of a committee of eleven to build a new· meeting-houae in hia native town in 1716, and in 1717, when a motion waa made in town-meeting" to have the lecture at Charlestown begin an hour aooner than heretofore," he waa ap­pointed, with Michael Gill, a committee II to treat with the minilten, and to lignify to them the toWD'. conllent." Little ia known of Judge Dowse, and the year of hia death is unknown to the writer.

CHARLES CUA)[BBRS, who Wall judge from 1719 to 1789, waa the grandflLther of Chamben U,U888l1, already alluded to as a jndge of the Superior Court. He wall a resident of Charlestown, and held hia seat on the bench until hia resignation, in the year above mentioned.

FUNCIS FULLAM, a judge from 1719 to 17M, waa a resident of Weston, and besides p~esiding as chief jU8tice on the bench of thia cou:t, he waa a colonel in the militia and a member of the Council. It is inter­esting to observe how many of the judges of the cOurtll during the Provincial period were military men. It ia .not uncommon in our own day to find on the bench men who have, before receiving their com­miaaion, been in active military life, but none ever continue in the lervice after entering on their judicial duties. Chief Juatice Wigham, of our Superior Court, and Chief JUltice Bigelow, of the Supreme Judicial Court, were at -one time one a captain aDd the other a colonel hi the M88I&chuset.ta Militia, and Jlldge Devens, of the Supreme Court, if not a mili­tia officer, WRII at leut in the volunteer service dur­ing the War of the Rebellion. J Ildge Fullam died Jan. 18, 1758, at the age of eighty-aeven.

SAJroBL DANFORTH, IOn of Rev. John Danforth and greaf...grandllon of Nicholas Danforth, the family ancestor, was born in Dorche8t.t'r Nov. 12, 1696, and graduated at Harvard in 1715 •. He removed to Cam· bridge in 1724 aa a achoolmallter, and lived on the eaaterl,l1ide of Dunllter Street, between Harvard and Ml Auburn Streets, aa lIr. Paige states. He, waa selectman in Cambridge from 1638 to 1689, represent­ative from 1684 to 1688, a Councilman from 1689 to 1674, regiater of Probate from 1781 to 1745, judge of Probate from 1745 to 1776, and judge of the Court of Common Pleas from 1741 to 1775. He died in Boeton Oct. 27,1777.

THOMAS GREA. VES, judge of the Common Pleu

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xxx HISTORY OF MIDDLESEX COUNTY, )IASSACHUSETTS

Court from 1733 to 1747, with the exception of one year when he eat on the bench of the Superior Court, has already been referred to in connection wit.h that court. , "

FIU.NCIS FOXCROFT, the second IOn of Judge Fox-croft, above mentioned, and judge of the Common Pleas Court from 1737 to 1764, was born in Cambridge, January 26, 1694-96. He graduated at Harvard in 1712, and was judge ot Probate for Middlesex as well as Common Pleas judge. He died March 28, 1768.

Next in order to be mentioned are the judges of the Supreme Judicial Court who.were residents of Mid­dlesex County, or who by birth may properly be con­sidered Middlesex Connty men.

FIU.NCI8 DANA was appointed judge of this court in 1785, and in 1791 was made chief justice, and held that position until his resignation in 1806. He was the son of Richard Dana, of Charlesv»wn, and was bom in tha~ town June 13, 1743, and graduated at Harvard in 1762, in the clua with Elbridge Gerry, Andrew Eliot, George Partridge and Jeremy Belknap_ He studied law with Edmund Trowbridge and was admitted to the bar in 1767. He was a delegate to the Provincial Congreaa in September, 1774, a mem­ber oCthe Executive Council from 1776 to 1780, a del­egateto Congreaa in 1776,1778 and 1789, a membflr of the Board of War in 1777, secretary of legation with John Adams in Paris in 1779, and Minister to RU88ia from 1780 to 1'183. He died at Cambridge April 26, 1811.

GRORGR TYLER BIGELOW, IOn of Tyler Bigelow, was born in Watertown October 6, 1810, and gradua­ted at Harvard in the famous claaa of 1829, which contained among its members William Brigham, Wil­liam Henry Channing, James Freeman Ciarke, Fran­cis B. Crowninshleld, Beniamin R. Curti., George T. Davis, Joel Gil~, William Gray, Oliver Wendell Holmes, Samuel May, Benjamin Pierce, Chandler Robbins, Ed"ard D. Sohier and Joshua Holyoke Ward. He received the degree of Doctor of Laws from his Alma Nokr in 1853. He WWl admitted to the bar in Cambridg .. , and for a number of years practiced law in Boston in partnership with tbe late lIanliua Clark. In the early days of hili profeulonal life he was ~ctive in the militia and at one time com­manded the New England Guards of Boston, and was colonel of one of the BU8ton regiments. III 1847-48 be was a member orthe Mall8achu8etta Senate, and ion 1848 was appointed one of thejulitices of the Common Pleas Court. He held thLs pOllition until 1850, when he was appo;nted to the bench of the Supreme Judi­cial Court. On his aoceaaion to that bench his aaao­ciates were Lemuel Shaw, chief justice; Charles Au­gustus Dewey, Theron MetcaJCand Richard Fletcher, M!IOClate justices. On the rMignation of Lemuel Shaw in 1860 he was made chief justice, and resigned in 1868. During his service on the bench of this court his various &88oclatea included Judge Dewey, who died In 1866; Judge Metcalf, who resigned in

1866; Judge Fletcher, who reslgned.in 1863 i Caleb Cushing, who W88 APpointed in 1862 and reSigned in 1863 i Benjamin Fra!lklin Thomas, appointed in 1868 and resignt'd in 1859; Pliny Merrick, appointed in 1863 and resigned in 1864; Ebenezer Rockwood Hoar, appointed in 18~9 and resigned in 1869; Reuben At· water Chapman, appointed in 1860, appointed chief"

"justice in 1868°and died in 1873 i Horace Gray, Jr., ap­pointed in 1864, appointed chief juatice in 1873 and resigned in 1882 ; James Denison Colt, appointed in 1866, resigned in 1866, reappointed in 1868 and died in 1881; Dwight Foster, appointed in 1866 and resigned in 1869°; John Wells, appointed in 1866 and died in 1875. After his resignation Judge Bigelow was Appointed actuary of the Maaaachuaetta HOipital LiCe Insurance Company, and continued in that office until hi, death il) 1878.

EBBNBzEa RoCKWOOD Ho.a, IOn of Samuel and Sarah (Sberman) Hoar, was born in Concord, Febru­ary 21, 1816, and' graduated at Harvard in 1835, re­ceiyillg a degree of Doctor of Laws in 1868. • Among his cl.-mates were George Bemis, Thomas AI. Brewer, Amos Adams Lawrence, Charles .W. Storey and Francis M. Weld. He was admitted to the bar in 1840, and t.hough aIwaysliving in Concord, he has from the beginning of his career occupied an office in Bos­ton, practicing. however, in Middlesex as well uSuf­folk County. In 1849 he was appointed a judge of the Court of Common Pl88ll, remaining on the beuch until his resign'lPl)n in 1868. In 1869 he was ap­pointed judge of the Supreme Judicial Court, finding 88 8880ciates at his acceaaion to the bench, Leonard Shaw, chief justice; and Charles Auguetua Dewey, Theron Metcalf, George Tyler Bigelow and Pliny Merrick. He remained on the bench until 186"9. During his incumbency, Chief Justice Shaw resigned in 1860 and was succeeded by George Tyler Bigelow, who resigned in 1868, and was Bucceede4 by Reuben Atwater Chapman, who had been appointed to the bench in 1860. Charles AugOSlUB Dewey di~d in 1866 and W88 succeeded by Dwight Foster; Theron Met­calf resigned in 1865 and was suoceeded by James Denison Colt, who resigned in 1866 a.nd was suc­ceeded by John Wells, and was reappointed in 1868. In 1869 Mr. Hoar was appointed by President Grant Attorney-General of the United States, and remained in office until July, 1870. In 1871 he W88 appointed joint high commiuioner to treat with the British commiuioners. He was elected from the Middlesex District to Congreaa in 1872, and served but one term. During hiB service he was largely instrumental in pro­curing the publication of the Revised Statutes of the United States, a work of great labor and of immense nse"tothis country. Since that time he "has closely followed his profession, only mingling in politica and attending conventionaat the call of the Republican party, to whose cause he has been and is de- ° voted. His learning in the law, his incorrupti­ble spirit, his fidelity to clients and hiB abi~itJ

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"BENCH AND BAR. xxxi

to present a cue either to court or jUry with force, have won for him a rich reputation and a large prac· tice; while his pungency of apeech and simple clear· nell of atatement have always made him an attractive apeak_ In the political arenL Hla remark that he had no o\Uection to the Mugwumps going out of the Republican party, bu' .that they need not alam the door after them, illuatratH tbe .. yinp which charac­terize hia couvereation and apeech. He hu always been a faithful aon of Harnrd, and while a member of the Board of Overseers waa the preaident of the Board. He ia or haa been the president of the National Unitarian Conferenre, and haa alwaye been an active member of the denomination which that con ference repreaenta.

OHA.RLBII DBVBN8 waa "born in Oharlestown April 4,1820, and graduated at Hanard in 1828, in the claas with George Bailey Loring, James RUlBell Lowell and William W. Story. He read law at the Hanard Law School, and in the office of George T. DAVis, of Greenfield, where, after his admiaeion to the bar, he continued in practice until 1849, repreaenting Franklin County in the Senate in 1848. From 1849 to 1853 he wu United Stat.ea marshal for Huaachuaetta, and in 1854 returned to the law,settling in Worcester, in part­nership with George F. Hoar, now United Statea8ena· tor. In April, 1861, he commanded a rifte battalion and wu stationed, during three months' aervice, at Fort McHenry, in Baltimore Harbor. At the end of the three montha' campaign he was made colonel of the Fi Cteenth Regiment Muaachuaetta Volunteers on the 24t.h of July, liMn, enlisted for three years. He was at the battle of Ball'a Bluff, and after the death of Colonel Baker, in command, a~d exhibited on that occaaion rare bravery and good judgment. He waa made brigadier-general of volunteers April 16, 1862, and' wu engaged in the battles of Wiiliamsburg, Falrous-where he waa wounded-80uth Mountain and Antletam. At the battle of Ohancellorsville he commanded a division of General Howard'a corps (the Eleventh), and wu aeverely wounded. In the Virginia campaign of 1864-66 he wu attached to the Eighteenth Corp", recognized. as the Third Division of the Twenty-fourth Corps. In December,l864, he wu in temporary command of the Twenty·fourth Corps, en .... red Richmond April Sd, and April 16, 1866, wu made brevet major-general. He remained in the aenice commanding the district of Oliarleaton until June, 1866, when, at his own requeat, he wu muatered out. In 1862 he waa the candidate of what waa called the.People's party for Governor of M .... • chuaetta, in oppoeition to John A. Andrew, but w.a defeated. In 1867 he wu appointed judge of the Supreme Court, and l't'mained on the bench until his appointment to the bench of the Supreme Judicial Courtin 1873. When.he took hisaeat on the Superior Conrt bench his ...iociat.ea were Beth Ames, chief jWl­tice, and JaliWl Rockwell, Otis Phillips Lord, Marcue Horton, Jr., Ezra Wilkin80n, Henry VOle, ·John

Phelp6 Putnam, Lincoln Flagg Brigham and Oheater Iaham Reed. During his incumbency, Beth Amea resigned as chief juatice on hia appointment to the bench of the Supreme Judicial Court in 1869, and wu aucceeded by Lincoln Flagg Brigham; Marcua Horton, Jr., was appointed to the bench of the Supreme Judiciai Court in 1869, and wu lueeeeded by Henry ~uat.in Scudder, who resigned in 1872, and w.a luccceed8d by William Allen and Oheater Iaham Reed, who resigned 1871, and wu aucceeded by John William Bacon.

Judge Devena, a. above stated, waa appointed judge of the Supreme Judicial Court in 1873, and continued on t.he bench until 1877, when he W88 appointed by President Hayea U uited States Attorney·General. On his retiremont from the Oablnet, in 1881, he was re­appointed to the bench of tho Supreme Judicial Court, to fill, with Walbr.idge Abner Field and Wil­liam Allen, the vacanciea occaaioned by the death of James Denison Colt and the resignations of Beth Amrl and August.us Lord &ul, and is still on the bench. Though never enjoying an extensive practice at the bar, Judge Devens hu had a large judicial ex­perience, and haa been eminently aueeeaaful in the adminiatration of his judicial dutiea. He baa eatab­liBbed a wide reputation u an orator, and baa been repeatedly aelected to deliver centennial and other occuional addreeaea. Not the leut of his efforts on the platform wu an oration delivered at the celebration of the Anniversary of the battle of Bun­ker Hill, on the 17th of June, 1876. lie haa been president of t.he Bunker Hill .Aaaociation, and haa received the degree of Doctor of Laws from his al,1ICI ""*". The connection of Judge Devena, then United Statea marshal, with the extradition of Thomaa Sima, a fugit.ive slave, is 80 well atated by "Taverner," of the BOIItm POll, in the iaaue of that paper of ..April 6th of this year (1890), that t.be writer takea the lib­erty of making the ltat,ement a part of this record :

.. It II DOu-b1e Ibat the ac& whleb lint lIroa&ht JacIp De_ Into promlDence here In Bolton, and ..... Ibe __ 01 uelUnl a certaI. o,lI.m -cal_ him, w .. Ibe perI'_ or &Il oIIIoI&l db" which, Iboqh .1Itnme1, paiaChI to hll 'eellnllt h. did IIOt feel at Ubet17 to Jieclect, and hll IObleqnent condnct uowed &he aohle ",rlt wllb whleb .. a _n h •• n ..... .,ond to conntenct Ibe .ft'ect8 01 Ibe poUe)' which he e.foreed .. &Il o\llcer 01 the I&w. .u UnI .... 8Iatee D*Ih&I for &he dII&rIot 01 ~_t ... from 1848 10 1853, he .11_ .... lb. prcICe. or Ibe conn la remaacJlns Th_ 8 ...... a Cha\tI.,. 11&.,.. Dnt aller the elltradltlon he .n ..... Yond to proonre Ibe freedom or 81 .... otr.riDS 10 0pq whate.,.r lam ...... -.., for lb. po,.,..., Ibonp the don ..... nll8bCCalfal. Some U- .nor­ward he wrote 10 lin. LJdIa lI"rla Child, whom he heard ..... &r7' Inc to nile mon., to porchaN the freedom of 81m.. reqnlltinl the return of the 10'" Ibe h..J coli ...... for Ibla JIG,.,..., &lid "'''n, her to.J1ow him Ibe prtYiIep of pq'" &be whol. _at. ThoIISh ..... 0hI14 _nW to &bw .,ropo.I, It ..... pn.,.n.... from bel". carried ont 107 the CIYII War, wblch blocked &be n...,uatlo.... But lb. ~ of Ibe natlo .... arml. at ... hro.t I'reedoIIlIo Th_ 8ImI, &ad he ..... aided ..,. JacIp De.,. .. In .....,11Ih ... hl~f In 01.,11 life, &lid .... In __ or tI .... appoIn .... hI hi .... While Attn ... n8J-Geaen1 of the UDI .... Blaha, to &Il appropriate p~ In the De· partmeDt 01 ItWtoe. ..

SETH AXB8, the sixth of seven children of Fillher

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xxxii HISTORY OF MIDDLEBEXOOUNTY, MABBACHUSETTB.

Ames, w .. bom at Dedham, April 19, 1800, and died at Brookline" August 15. 1881. He W88 descended in the lixth generation from Richard Ames, of Bruton, Someraetahire, England, two of Wh088 IOna came to New England in 1640. Hia mother 1'88

Frances, danghter of Colonel John Worthington, of Springfield. He attended the schools of Dedham and Phillips Academy, and graduated at Harvard in 1825. His college room-mate was Augustus H. Fiake, late of the Boston bar, aDd both married daughtera of Gamaliel BraMoN. a descendant from William Brad­ford, of the II Mayflower." He read law in the Dane Law School and in the office of George Bli., of Springfield; and on January, 1828. entered the office of Lemuel Shaw, or Boston. He 1'88 admitted to the bar at Dedham in September, 1828. and opened an office in Lowen. In 1830 hia wife, Margaret (Brad­ford) Amel, died, leaving four children. He 1'88 a ~bort time the partner of Thom" lIopkinllOn, and represented Lowell in the General Court in 1832. He was 11.0 alderman In 1886, 1837 and llWO i Senator from Middlesex County in 1841, and city lolici­tor from 1842 to 1849. In 1849 he 1'88 appointed clerk of the courta for Middlesex County, and mar­ried, for his second wife, Abigail Fisher, daughter of Rev. Samuel Dana, of Marblehead. In the 88me year he removed to Cambridge. In 1859 he w .. ap­pointedjudge of the Superior Court; chief justice of tbat court in 1867; and judge of the Supreme Judicial court, January 19, 1869. He resigned January 15, 1881. In 1869 he removed to Brookline. After hia death, George Martin, Attorney· General, submitted in bebalf of a meeting of the memben of the Suft'()lk bar, the following resolutions to the full court:

.. ~ Tba& th.dea&h oISe&h A ...... I.tel' olUlotlbeJIII&I_ oUhe Supreme Judicial Cour&, .nd for thlrtl-two yean houorablJ oouuected with th ••• bnlnIRraUou of Jlll&lca lu tb18 Commouwealth, Ia au eYeDt or wblch &he bar d .. ,.. to &aIte uo&ioe b, exprNalul their __ or &he cr-t moe or hla publlc.no'- and their admlratlou for hla Ju.& uel uublemllhedcharuter, ud ror th_ .Uno.Uy. ""nolUll quallU ... hleb eacll!ared 111m to all who had the prlYlI. of 10 .. rrtencllblp.

.. ~Ited, That la the encae.ly. Judicial .lallo ... whlcb h. beld • JlIItloe and Chler. Jue&Ica or th. 8uI ... rlor UoUR &1'" AlIOOIate JutJce or &he 8a ......... Judicial Collr&, b. colualaaded tbe ruepec& a .... _ or the _ anel &h. commault,. n. adullalltned &h. criminal Ia .. with IIrm ..... Iampered b, dlacnolloll .ud bumealt,. without uu_". hanba_ a .... wlUlout vl .... le&lv.a_ Ia hla latereouno wl&h the _, .ad wbeu pneJdlq .t vlala h .... model 01 Wm_ ..... conRoe1 i u ... r forpttlal, .od therefore Dev.r bdlal It ..-.,. to _rt anuputll or olrenelyell h18 ""nonal dlplt,. Uia opIalo ... w ... chUllClarized bl adeqllate learning aucl bl allmpllcllJ aod purltl or Bailiah .t,l. whlcb be _meel to haYe laberlted trou. hla dIatIaplabed fa&her."

Chief Jnatice Gray responded, and the resolutions were ordered to be placed on the files of the court.

WILLIAM SaWALL GARDNaR W88 born in Hal­lowell, Maine, October I, 1827, and graduated at Bowdoin College and studied law in Lowell. He 1'88

admitted to the Middlesex bar in 1852. and entered into partnerahip with Theodore H. S"eetser of that city. In 1861 he removed his office to Boston, where he rGntinued practice until 1875, "hen he 1'88 ap-

.. --.------pointed one of" the justices of the Sllperior Court for the Commonwealth, which office he held until Octo­ber I, 1885, when he was appointed a jl18tice of the Supreme Judicial-Court to fill the vacancy occaaioned by the death of Jlldge Waldo Colburn. On the 7th of September, 1887, he resigned hia seat on account ot" ill health, and died lit his residence in NewtOn, April 4, 1888. On the 27th of November, 1888, reao­lutloms p888ed at a meeting of the Suffolk bar were presented to the full court by Andrew J. Waterman, the Attorney-Geueral, and on that occalion addreeaea were made by the Attorney-General, Edward Avery and Charles Levi Woodbury, which were responded to by Cbief Justice Marcus Morton. 'I'he resolutions were as follows:

"Til. membara 01 tbe 8ulrolk bar dooJ,.. to pIKe OU NCOrcI their __ or lbe 1_ which &h. Commonweal&h h ............ la th. d_&h of Wml.m Bewail Gardaar, a rOrater J .. "'Ica of th" courL

"Ill ..... natu,.. that .ad ........ 1 hila to &h_ wbo kuow him w.U, and _lIred ror him the ........,.:t ..... _al or &h. COIDwuall" aad the _,,1 a.'" coulldooDOe or d, .. wl.o wo,.. bro .. ltht lu cyatllet wl&h him at tho _ or on th. bencb •

.. Uia u""rlenca at the bar, for Dlaa)" ,..anc'-I,_1ated wl&hone or the abl_ law,en or h .. d"" who ",udled Lh. law .. a acl.nee aael t.eeted It bl Lit. IIIY • ..t ml .. or JocI", aucJ hla IOUI_YIca oa the beaell or the 8uperlor Cour&, laid a oub.ta.Dtlal rouudaUoa ror lb.. euoc...rul dt.:harp or tbe accurate a .... dt.:rlmluadullaYl.t1pllo_e1_ .. JtIed of tb. lIIumbel'll 01 U,II oo .. rt.

.. Wi,li. tho kh,ellh,_ of h18 aat .... mllbt have templ .. 1 him at dID .. to lake cou_1 or h ... ,nlpathl.... h18 keeu appnIClaUoa or &he rlcbt conatrataed him at...,. to .... rcIIe &h._YeN neutrallt, or aD Im­parll .. IJud .....

TIMOTHY FARRAR was the son of Deacon Samuel Farrar, and W88 born June 28,1747, in tbat part of Concord which, by the incorporation of Lincoln, in 1754, wa., included within the limitaofthe new town. He graduated at Harvard in 1767, in the claaa with Increase Sumner. He read law in New Ipawich, New Hampshire, and .. ttled permanently in that town. In 1782 be was a member of the Conlmutional Convention of New Hampshire. He 1''' a judge of the Common PI ... Court of that State under a tem­porary Constitution in January, 1776 j' 1''' a Coun­cilor in 1780, '82, '88; judge of the Superior Court (rom 1790 to 1803 ; judge of the Oommon PI ... Court in 18084, and afterwards chief justice of tbe Circuit Court of Common Pleas. He 1''' a Presidential elector in 1792, '96,1800, 1808, and a trustee of Dart­mouth Collt'ge. In 1847 he received a degree of Doc­tor of Law. from hia alfIICI maW, and died at Hollia, New Hampshire, Feb. 21,1849.

NATHANIBL WRIGHT, the oldest IOn of 'fbomas and Eunice (Oagood) Wright, "as born in Sterling, February 18, 1785, four yeara after the inoorporation or that town. He fitted for college with Rev. Reuben Holcomb, of Sterling, and graduated at Harvard, in 1808, in the claaa witb Walter Channing, Richard H. nana and Oharles Coteaworth Pinckney, and read law with Aaahel Stearnl, then practicing in that part of Ohelmaford which ia "now·Lowell, and" there Jived until hia death, which occurred November 5, 1858. He W88 admitted to the bar in 1814, and fint opened

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• BENCH 'AND BAB.

ali office in Dracut. He w .. the fint representative from Lowell to the Generai Court, in 1826, and

. chairman of the flnt Board of Selecimen, and in 1842 w .. chosen, on a citizen.' ticket, the fourth mayor of the cUy. succeeding Dr. Elilha HuntiDgton iD that office. ID 1843 he 1''' re-chosen by the Whig party. He wu Ch088D representative four year&, and in 1834 wu a member of the State Senate. He wu president. of the Lowell Bank from ita organization, June 2, 1828, until hi. resignation, October 2, 1868. He mar­ried, March 6, 1820, Lanra Hoar: and two IODS grad­uated at Harvard-Nathaniel, in 1838, and Thom .. , in 1842. Thomu entered the prof_on 01 law, set­tling in Lawrence, and represented, one or more yean, E.sex County in the Senate. He died iu Lawrence in ]868. Nathaniel, a lawyer iD Lowell, died September 18, 1847.

A8.u1BL S1BA.RNBWU borD in Lnnenburg,Junel7, 1774, and graduated at Harvard in 1797, iD the 01 ... with Horace BiDney; William Jenb, William M. Richardson, John Collius Warren and Dauiel Apple­ton White. He settled iD Chelmaford in 1800, where he practiced until 1817, acting for a time U county at.torney, and during th, two Iut yean of hia resi· dence there he repr~nted hiB district in Congrell. In 1817 he wu appointed profeaaor hi the Dane Law School, at Cambridge, holding that positioD until hi. deatb, February 6, 1889. In 1824 he publiBhed a volume of" Ret.l ActioDB," and in 1825 received from Harvard the degree of Doctor of Lawa.

SAMUBL DAlu. wu the BOn of Rev. Samuel Dana, of Groton, and was born in that town June 26,1767. He wu the fint postmutar of GrotoD, having been appointed in 1800, and held t.he oftice unt.il July. 18M. He kept. the poat.-office in hi. law·office in a building which hu beeD removed from ita origiDal aite, and in 1/187 waa standing Dear tbe J'ailroad ltation. He w .. .ucceeded u postmaat.er by Wmiam Merchant Rich­ardaon, afterwards chief justice 01 the Superior Court of New Hampshire. Mr. RichardaoD ~u­&ted at Harvard in 1797, and became Mr. Dana's stu­dent and partner. Mr. Ricbardson wu followed in fohe poet-office by Abraham Moore, January 31. 1812, who waa succeeded iu 1811S, on hia reslgnatioD, by Caleb Butler and Henry Woods and George S. Bout.well, and again by Caleb Butler, who held the office until December 21, 1846.

He waa a representative to t.he General Court. from Groton in 1802-03 aud 1825-27, and senator, 1806-13 and 1817, and president of the Senate in 1807, 1811, 1812. He wu a member of Congreaa iD 1814-11S. and of the ~tate Oonatitutional Convention in 1820. On

. t.he ..... bli.bmeni of the Oircuit Court of Common Pleas, Mr. Dana wu made cbief jus~ce for ibe mid­dltt circuli, compriaing Sull'olk, Eelex and Jliddleau:, and held that. omce until the court w.. aboliahed. February 14, 1821.. In 1808 be removed to CharJes­town, bni returned to Groton 1811S. He wu a popu­lar apeaker and a man of pronounced abilities. He

a

married Rebecca Barrett, and died in Charlestown November 2O,1835,leavinK leveral cbildren, of whom the wives of Kelly Paige, of Boston, and John Seven, of Kingston, and his BOn, James Dana; of Charles­town,now living. are remembered by the writer.

TIMOTHY BIGBLOW, the BOn of Timotby and Anna (A.ndrews) Bigelow, waa borD at Worcester April 30, 1767. He graduated at Harvard in 1786, in the cl ... with Johu Lowell and laue Parker. He fitted for ool1ege wi5h Benjamin Linooln and Samuel Dexter, and studied law with Lui Linooln. the father ofOov­emor Lincoln. He waa admitted to the bar in 1789, and seWed in Groton. where he married, September 8,1791, Lacy, daughter of Dr. Oliver Preacott. His office W&\l much BOught by students reading law, and among these were John Harria, afterwards judge of the Superior Court. of New Hampshire; Thomaa Rice, of WinaJow, Me., member of Congr.; John I..ocke, of Ashby, member of Congreaa; Joseph Locke, for thirteen ,8811 judge of the Police Collrt iu Lowell; John LeightoD Tu~tle; Profeaaor AaahelSteams; Johu Varnum, of Ha.verhill, member of Congreaa; Loammi Baldwin, who abandoned the profeaaion and became a dilliinguiahed engineer; Jobn Parke Little, of Gor­ham, Me.; Tyler Bigelow, of Watertown, the father of Chief Justice Bigelow; Luther Lawrence, of GrotoD and Lowell; A.ugustus Peabody, of Boston, and Abra­ham Moore, of Groton and Boston. In 1806 Mr. Bigelow removed to Medford, and there died, 1t{ay 18, 1821. He waa a representative to the General Court from Groton and Medford fourteen yean, a.ator from 1797 t.o 1801, councilor from 1802 to 1804, and again in 1821. and speaker of ihe Houae in ibe Iea-'

lions of 1805-6, 1808-9, 1809-10, 1812-13, 1818-14, 1814-15,1815-16,1816-17,1817-18,1818-19,1819-20. In 1796 Mr. Bigelow deli,ered the or.Yon before ~e Phi Beta Kappa Society of Harvard. Katharine, -wire of Abbott. Lawrence, of BostoD. 'Rev. Andrew Bigelow and Jobn Preacott Bigelow, Secretary ofthe Commonwealth from 1836 to 1843, and mayor of Bos­ton from 1849 to 1851. were his children.

LUTHBR LA WRBNCB waa born in Groton Septem­ber 28,1778. He w .. a IOn of Samuel Lawrence. of that toWD, and, wiLh his broihl'D, Abbott, Am08, Wil­liam and Samuel, made up a family of rare ability and distinction. rEhe only one of the family receiv­ing a college education, he graduated at Harvard in 1801, In the c1811t1 with Tyler Bigelow, Timothy Fuller and Stephen Miuot. He studied law with Timothy Bigelow, and married his silter Lucy, June 2, 1805. He wu a member of the Legislature from Groton, and in 1822 speaker of the Houae of Representatives. He early aecured a large practiCe,· and among hie studenta were Henry Ad ... Bullard, Royal Bullard, Jonathan Porter. George Frederick: Farley, Augultus Thorndyke, Edward St. Loe Livermore, Jr., Norman Seaver and' William Amofy. He removed to Low­ell in 1831, five yean after ita iucorporation, and in 1838 and 1839 waa chosen Ita mayor. On the 16th of

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• xxxiv HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

April, 1839, sizteen days after entering on hie second official term, while showing one of the factories to BOme visiting friends, be fen seventeen fee' into a wheel­pit and waa inatantly killed. He waa buried in Gro­ton. hie place of birth.

EBBNEZBR CBAllPNEY, a descendant of Richard Champney, who came from Lancashire, England, and settled early in Cambridge, W&I born in Cambridge in April, 1744, and graduated at Harvard in 1762, in the 01&18 with Francis Dana, Andrew Eliot, Elbridge Gerry, Jeremy Belknap and George Partridge. In a cl&18 of fortY'se'Ven his name il placed in the catalogue nut to the last, and as until 1773 the names were placed in the order offamily rank, it is presumed that tbe immediate origin of Mr. Champney waa compara­tively obscure. He first studied for the ministry and then for the practice of lll,w. In 1764 he waa admit­ted to the bar at Portsmouth, and settled in New Ipa­wich, New Hampshire. In 1775 he W&l appointed Judge of Probate for Hilieboro' County, and in 1783 removed to Groton. In 1789 he retumed to New Ipswicb, and died September 10, 1810. He married, October 9, 1764, Abigail, daughter of Rev. Caleb Trowbridge; in November, 1778, Abigail, daughter of Samuel Parker, of New Ipswich, and in March, 1796, Susan Wyman. His IOn, Benjamin Champney, born Auguat 20,1765, studied law in his office and practiced in Groton from 1786 10 1792, wben he removed to New Ipswich.

ABRAHAK MooRB was born in Bolton January 5, 1785,4Lnd graduated at Harvard in 1806, in the cl&ll with Jacob Bigelow, Jonathan Cogswell. Joseph Green Cogswell, Alexander Hill Everett, Daniel Oliver and William Pitt Preble. He studied law with Timothy Bigelow in Groton, and opened an office in that town. In 1812 'he W&l appointed post­m&lter of Groton and held o16ce until his resigna­tion in 1815, when, in consequence of financial tronbles, he removed to BOlton, where he continued in the practice of law until his death, January 3,1864. His wife, whose maiden-name waa Mary Milla, had been twice married, to a Mr. Barnard and Mr. Wood­ham, and had been an actreBI on tbe stage. After the financial troublea of Mr. Moore sbe returned to the s~e and appeared in Boston in 1816 18 lAIlv Teall,. Mary Frances Moore and Susan Varnum Moore, two of his children by tbis marriage, married Jobn Cochran Park, a distinguished member of the Suffolk bar, and Grenville Meara, a well-known and esteemed merchant of Boston. He married for a second wife, in 1819, Eliza, daughter of Isaac Durell, and had at leut one IOn, whom the writer remembers as a member of the BOlton bar. During the laat rew years of his life he occupied an office on the euterly side of Court Square, the site of which is now covered by the billiard-room of Young's Hotel.

RICHARD BULLIV AN waa the grandson of John Sullivan, who came from Ireland in 1728 and died July, 1796, at the aur;e of 104. James Sullivan, born

in Berwick, Maine, April 22,1744, and deceased in Boeton, December 10,1808, and General John Sulli­van were the IOns of ihe American ancestor. Richard, the subject of this sketch, W&l the IOn of James, and W&I born in Groton, July 17, 1779. His mother W&l Mehetabel Odiorne. He graduated at Harvard in 1798, in, the cl&ll with William' Ellery Channing, Stephen Longfellow, Joseph Story and Sidney Willard. His father began practice in Georgetown, Mlline, from which place he removed to Biddeford. In February, 1778, he changed hi. reaide~ce to Groton, and in 1782 to Boaton. Ricbard. the IOn, waa fitted for college at the Boston I.atin School aud after leav­ing college studied law with bis father and .18 ad­mitted to the Suffolk bar in 1801. He waia a State Senator from 1815 to 1817, inclusive, member of the Constitutional Convention of 1810, councilorin 1820-21, and one of the overaeera at Harvard College. He married, May 22, 1804, Sarah. daughter of Thomas Ruasell, of Boston, and died in Cambridge. December tt,1861. .

WILLUH PRBSCOTT, though never a member of the Middlesex bar. WBe a native of Middlesex County. He W&l a descendant of John. Prescott. of Lincoln­lIhire, EnglaDd, who early came to New England aDd settled in LaDwter, Maaaachuaetta. Judge Benjamin' Prescott, IOn of John, wu the fatber of Colonel William Prescott, of Bunker Hill memory, who waa the father of the subject of this sketch. who W&l born in Pepperell, August· 19, 1762, and died in Boeton, December 8, 1844. He graduated at Harvard in 1783, in the cl&ll with Harrison Gray Otis, his brother and Artemas W &rd. He studied law with Nathan Dane, of Beverly, and practiced in that town and in Salem. He removed to Boston in 1808 and. in 1818 waa appointed a justice of the Common Pleu Court for Suffolk Gounty. William Hickling Pres~ cott, the hietorian, and Edward Gordon Prescott, Epiacopal clergyman in New JeINY, were his BOns. He received a degree of Doctor of Laws from Harvard in 1815 and from Dartmouth in 1826.

JAKES PRESCOTT, JR., waa the BOn of Col. James Prescott, of Groton, and was born in thAt town April 19, 1766. He graduated at Harvard in 1788 and studied la"W in Westford, where he practiced ten years. He returned to Groton and was appointed judge of Probate, to succeed his uncle, Oliver Prescott, and was afterwards chief jUltice of the Court of Common Pleu. He married Hannah, daughter of Ebenezer Champney, and died October 14, 1829.

JONATHAN BEWALL was, for a time during bis profeaaional career, a resident of Middlesex CounLy. He waa born in Boston •. Auguat 24.1728, and grad­uated at Harvard in the cl&ll of 1748 with only twenty-three III8Ociatea. He waa IOn of Jonathan Sewall and great-nephew of Stephen Sewall, chief justice of the Superior Court of Judicature. After leaving college he taugh~ acbool in Salem until 1756, when he prepared himself for the law and settled in'

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BENCH AND BAR.

Charleastown. He .dvanced rapidly in his prof_on, and in 1767 W88 a barrisw.r and had been appointed Attorney-General for M ... chuset.ta. In 1776 he re­moved. to St. Jobn, New Brunswick, where he waa judge of the Vice-Admiralty Comt until his death, which occurred at that place September 26, 1796.

HOMBR BARTLBTT waa born in Granby, in Hamp­shire County, July 19, 1796. He fitted for college at· Westfield Academy and gradnated at. Williams in 1818. He read law with Daniel Noble and Charles A. Dewey, of Williamstown, and waa admitted to the Berkshire bar in 1821. After a residence of three years in Williamstown, after hill admiaion, he re­moved to Ware in 1824. where he continued until 1832 in t.he practice of his profeeaion, in which year he waa appointed agent of the Bampahire Manufactur­ing Company. In 1889 he waa mi.de manager of the Ml&8llachlllet~ Cotton-Mill, of Lowell, incorporated in that year, and removed to that city, entering on the duties of his new position on the 18th of October in tbat year. In January,1849, he wu appointed treaaurer of the company, which position he held until his reaign~tion, January 22, 1872. He waa a representative from Ware in 1832, and from Lowell in 1849, Presidential elector in 1844, and a member of the Executive Council in 1864. Mr. BartleU mar­ried, February 6, 1823, Mary, daughter of Willianl Starkweather, or Williamstown, wbo died in Lowell, October 3,1850. He removed to Boston while he waa t.reasurer of the Muaachlllet.... Milla, and married, June 4, 1861, Mrs. Louisa (Fowler) Hubbell, of Albany, who died May 27, 1873. He sunived hi, second wife only a year and died March 29,1874, and wall buried at Monnt Auburn. '

Mr. Bartlett W88 descended from John Batt.leU and wife, Agnes (Bengan) Bartlett, of Cherington, Warwickshire, England, who died, one in 1613 and the other in 1616. Robert, Bartlett, IOn of John, married, in 1608, Anne, daughter of Richard Lirinp­ton, and had. nine children, of whom Robert, baptized March 8, 1606, came to New England in September, 1632, and lettled in Cambridge. He afterwardll re­moved ,to Hartford, and in 1656 to Northampton, where he lived untll March 14, 1675-76, at which date he waa killed by the Indians. Robert Bartlett had four children, of whom Samuel, born at Hartford in 1689, married, in 1672, Mary Bridgeman, and, in 1675, Sarah Baldwin, and had. by the second wife twelve children. One or these children, Ebenezer, born in Northampton, September 27, 1686, marri~, Decem­ber I, 1716, Martha Lyman, and had five children, of wholD Ebenezer, liom In Northampton, August 28, 1721, died in Granby ill 1788. The laatEbenezer had seven children, or wbom another Ebenezer, born in Bouth Hadley in n46, died in Granby, February 2, 1798. He married Betaey Barton, of Ludlow, and had ten chiidren,oCwhom Aaabel, born in Granby in 1768, married three wives-Hannah Burchard, Sally

. Bonner and Alm~ra Mellen. By the first wife he had

liz children and by tbe aeoond five, and the first wife was the mother of tbe IUbject of this Iketch.

JOSEPH LoCKB waa born in Fitzwilliam, New Hampsbire, in 1772, and graduated at Dartmouth in 1797; he ltudied law with Timothy Bigelow in Groton, and waa admitted to the Middlesex bar in 1800. In 1801 he began the practice of hil prof88lion in Billerica, and there remained unill 1838, when h, removed to Lowell. While living in Billerica he presided eight years over the CourtofSeuions, waa Preaidental elec­tor in 1816, member of the Constitutional Convention of 1820, eight years a representative to the Gtlneral Cour~ and in 1821-22 a member of the Executive Council. Duriog his residence in Lowell he repre­lented that city one year in the General Court, and in 1834 waa made judge of the Lowell Police Court, which position he held thirteen years resigning, in 1847, aUhe age or seventy-five. Hil death occurred November 10, 1663. JucJge Locke was a man of un­UIUal purity of character, and in whatever community he liv8l;l he alwal'inlpired reverence and love.

EDWARD BT. LoB LIVBRMORB waa born in Ports­mouth, New Hampshire, April 6, 1762. He was the IOn of Samuel Livermore, chief justice of the Superior Court in tbat State, and hiB wife Jane, daughter of Rev. Arthur Browne. He was descended from John Livermore, who came to· New England &bout the year 1634 andsetlled in Watertown, whenoe he removed iu 1665 to Wetherafield. Connecticut, and later to New Haven. In ·1670 the ancestor returned to Watertown and there died in 1686. Samuel Liver­more,agreat-grandlOnof John, born in 1732,grad.uated at Naaaau Hall, New Jersey, and read law at Beverly, MMSaChWl8tta, with Edmund Trowbridge and settled in Portlmouth, and became Attorney·General of the Province. His IOn Edward Wall educated at London­derry and HolderntlU, New Hampshire, and read law with Theophilus PallOns at Newburyport. He began the practice of law at Concord, New Hamp­Ihire, and married Mehetabel, daughter oC Roben Harria. He afterwards removed to Portsmouth, and wu appointed by Washington diltrict attorney, whichoftice he held unill 1798, and became chief jU8tice oC the Superior Court of New Hampshire. In· 1799 he married Sarah Creaae, danghter of William Stackpole, of Boston. In 1802 he removed to New­buryport, and while a resident there waa a representa­tive to the General Court, and a member of Congreal from Elau. North District. In 1811 he removed to. Boston, and on the 4th of July, 1818, delivered the ulual &Dnual oraLion in that city. At the close of the War of 1812 he removed to Zanesville, Ohio, but soon returned to Boston, and in 1816 took up his final residence in Tewbbury. He purchaaed there the Gedney estate oC about 200 acra, which he called Belvidere, and there died September 16, 1882, hiB body being dflpoeited in the Granary burial-gronnd in Boston.

ELIBHA GLIDDEN WII born in UnUy, NewHamp-

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shire in 1789, aud gradll&ted at Dartmouth in 1815. 15,1780. He read law with'James Prescott in Gro­He read law in Dover. New Hampshire, aud with ton and difd at Reading. Jauuary I. 1859. Samuel Hubbard in Boston, and wu admitted to the THOKAS RIOE wu bom at Powoalborough (now bar in 1818 or 1819. In 1820 he went to Townsend WiBCaBBet). Maine'. March 80, 1798, aud read law with to take charge of the legal business of Colonel Walter Timothy Bigelow at Groton. He died at Winslow, HutillgB, where he remained until 1828. during which Maine. August. 24. 1854. time Colonel HastingB died. Mr. Glidden afterwards SAMUEL EKBBSON SKITH wu born In Hollis. New married Mrs. HutingB. and after a short rtlIIidence in Hampshire, March 12, 1788. He studied at. the Oro· Boston removed to Lowell. where the writer believes ton Academy and graduated at Harvard in.1808. He he wM8880ciated at different times with Luther Law- read law with Samuel Dana at Groton and died at renee and with Thomu HopkinlOn, who had been one Wiscasset, Maine. March 8. 1860. of his students. He was a director in the Railroad AUGUSTUS THORNDIKB was born in Beverly, July Bauk, and president of the Lowell Institution for 8,1797, aud graduated at Harvard in 1816, in the SavingB, and died April 2, 1885. cl .. with Samuel Daua Bell, George Frederick Far-

LoAHKI BALDWIN was a descendaut of Henry ley, Oliver William Bourn Peabody and Joaeph Wile Baldwin, one of the fj"nt settlers of W~burn. His lard, and gave the. college twenty thoU8&Dd doll&r8. father, Col. Loammi Baldwin, was an officer in the He rfad law at Groton with Luther Lawrence and Revolution, and me!iff of Middlesfx County. The died at Boston, July 8. 1&/>8. He married Henrietta aubject of this sketch wa, born in Wobum, May Stewart, of Annapoli •• Maryland, and had (our chil-16.1780, and graduated at. Harvard in 1800, in tbe dren,o( whom two IOns, James Stewart and Charles, cl .. with Lemuel Shaw. He was admitted to the gradll&ted at Harvard in 1848 and 1854. . Middlesex bar in 1808, but abandoned his profession ETHAN SHEPLEY wu bom in Groton November and became a distinguished engineer. The dry·dock 2, 1789, and received his education at the academy in at the Charlestown navy·yard was built by him. Be that town. He studied law in Souib Berwick. Maine, died at Charlestown, June 30,1888. and in 1814 began practice at Saco. (rom which place

WILLIAK EKBR80N FAULKNER was the son of he removed to PortIaud. From 1821 to 1883 he was Francis Faulkner, and was born In Acton, October United States district attorney of Maine. from 1883 28,1776. He graduated at Harvard in 1797, and read' to 1886 United States Sell&tor, from 1886 to 18488880-law with his brother-in·law, Jabez Upham. of Brook- ciate justice on the bench of the Supreme Court of field, with 'whom he was aftemarda lUIIOCiated until Maine, aud from 1848 to 1855 chief justice. He re­his death. which oecurred October I, 180., ceived a degree of Doctor of Laws, (rom Colby Univer-

JOSIAH ADAMS, thuon of P..ev. M08ea Adamo, was alLy in 1842 aud one from Dartmouth in 1845, and .born in Acton, November 8, 1781, and graduated at died in Portland, January 16. 1877. Harvard in 1801. He read law with Thomas Heald, WILLARD HALL was born in Weltford, December and after his admiBBion to the bar in June, 1807, set- 24.1780. and W88 the son of Willis and Mehetabel tIed in Framingham. He died in 1854. (Poole) Hall, of Lhat town, and grandeon of Rev. Wile

AARON KEYES W88 born in Westford in 1791, and lard Hall, t~e firat minister of Westford. He gradu­read law in Bridgewater. He W88 admitted to the bar ated at Harvard in 1799 and resd law with Samuel in 1822 aud set.t1ed at· Townsend Centre, where he was Daua at Groton, and was admitted to the bar of Hills­postmaster from 1826 to 1885. He married, in 1824, boro' County, New Hampllhlre, in 1803., Immediately Martha, daughter of Moses Warren, and died in·1842. after his admi88ion he went to the State of Delaware

SAMUEL JAOKSON PRESCOTT, IOn of Dr. Oliver aud settled in Georgetown, (rom whence he very soon Prescott, of Groton, was bom in that town March 15, after removed to Dover, in the same State. In 1812 he 1773, and graduated at Harvard in 1795, in the cl888 was Secretary of State. holding the office three yean; with Nathaniel Bradstreet and Benjamin Gorham. from 1816 to 1818 he was a member of Congress, in He read law with William Prescott, but l~ft the pro- 1821 again Secretary of State and in 1822 a member of feasion aud embarked in business with Aaron P. the Delaware Senate. On the 6th o( May, 1828, he Clevelaud. Having suffered serious lOBI in conae- wu commi88ioned United States judge for the Dela­quence of the embargo. he finally retired (rom busi- ware district, holding the office forty-eight yean, and ness and wu for many years a popular notary public resigning in 1871. He was actively interested in the in Boston. He died in Brookline, FebruArY'/". 1857. cause of oducation, and created and perfected the pres-

JONATHAN PORTBR was born in Medford Novem· ent educational system of his adopted State. He was ber 18,1791, aud graduated at Harvard in 1814, in the forty-eight yean president of the Delaware Bible So­cl888 with Benjamin Apthorp Gould, Francis William ciety, many yean president of the Wilmington Sav-

. Pitt Greenwood. Alvan LamlOn, Pliny Merrick, Wil- ings Funds Society, president o~ the Delaware His­Ham Hickling Prescott and James Walker. He torical Society and an elder of the Presbyteriau studied with Luther Lawrence in Groton, and died in Church from 1829 to his death, which occUJ'red May Medford, June 11, 1869. 10, 1875.

JOSHUA PRBSOOTTwas born in Westford November I JOHN ABBOT, the oldest IOn of John Abbot, of West-

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ford, waa born in that town Januarr ~, 1717. He graduated at Harvard in 1798, and for a time waa preceptor of the Weatford Academy. He read law in his native town aud there began practice He was a trustee and treaaurer of the academy, State Senator and member of the Constitutional Convention in 1820. He waa active and prominent in the HaIIOnic ord4!l and officiated .. Grand Maater at the la1ing of the comer-stone of Bunker Hill monument June 17,1826. He died April 80, 1854.

JOlIN WRIGHT W811 born in Westford November 4, ]797. He fitted for college at P.hiIlips Academy and graduated at Harvard in ]828 in the cl8811 with Wil­]jam Amory, Francis Hilliard, Daniel Putnam King, William ParaoDII Lunt and George Ripley. He stud­Jed law ill Groton and after a short le8l0n of practice hecame interested in manufactures and the agent of the Suffolk Mills of Lowell. He died in Lowell in 1869.

JOHN MERRIOK W81 born in Concord Februar,7, 1761, and graduated at ~rvard in 1784 in the cl8111 with Prenti. MeJlen, Benjamin Pickman and Samuel Webber. He rea4 and practiced law in Concord and died August 16, 1797.

WILLIAH JoNES, IOn of Samuel Jones, of Concord, W811 born in that town September 15, 1772, and grad­uated at Harvard in 1793, in the cl8811 with Charles Jackson, John _ Pierce and Samuel Thatcher. He read law with Jonathan Fay, of Concord, and after practicing a abort time in that town removed to Nor­ridgewock, Maine, about 1801. He wlul appointed clerk of the Oourt of Common Pleas -for Somerset County June 29, 1809, ~d on the 23d of April, 1812, clerk of all the County Courts. June 22, 1809, he W8II made judge of Probate. Aside from his civil offices he W811 brigadier-general in the Maine Militia. On the 4th of July, 1796, only two years after leaving college, he W811 IIBlooted to deliver the oration in his native town. He died at Norridgewock Januarr 10, 1813.

SAJolUELPHILLIPSPRESOOTTFAY, IOn of Jonathan Fay, of Concord, waa born in that town January 10, 1778, and graduated at Harvard in 1803, in the cl8111 with John Farrar, James Savage and Samuel Wil­lard. He waa admitted to the Middlesex bar in 1803 and ftrat IIBttled at Cambridgeport. He W81 a coun­cilor in 1818-19, member of the Constitutional Con-

- vention of 1820, and an overseer of Harvard Collegp. from 1826 to 1862. On the 12th of May, 1821, he wu appointed judge of Probate and afterwards lived in old Oambridge until hie death, May 18, 1856.

RlJFUI HOSHBR, IOn of Joseph Hoamer, of Con­cord, W8I born in that town Mar~h 18, 1778, and graduated at Ha"atci in 1800. He W81 admitted to the bar of Euex County in 1803 and removed to Stow.

STBPHEN MiNOTT, IOn of jon81 Minott, of Con­cord, W81 bom in that town September 28, 1776, and graduated at Harvard in 1801~ After admi.Ion to

the bar he IIBttled in Haverhill, where he became a judge of the Circuit Court of Common PI881. After ~e abolition of that court he W81 appointed in 1824 county attorney for Essex, and reaigned in 1830.

JONA.8 WHEBLER waa the BOn of Jotham Wheeler, of Concord, and waa born in that town February 9, 1789. H;e graduated at Harvard in 1810, in ~e clus with Jamee Gore King and Theodore Lyman. He read law with Erastus Root, of Camden, Maine, and settled in that town. He W8I both Representative and Senator in the Maine Legislature and died Hay 1,1826.

EDWARD BROOKS W81 the oldeet IOn of Peter C. Brooke, of Boston, andwu boru in that city in 1793. He gradnated at Harvard in 1812 and read law in the office of his uncle, Belljamin Gorham. He W81 a rep­resentative in theGene~1 Court from Bostou in 1834, 1837-and 1842, and rendered important-aid to Samuel G. Howe in establishing the Perkins Institution for the Blind. He became finally a resident of Medford and died in that town in 1878. _

GoRHA.){ BROOKS, a younger brother of the above, was b?rn in Medford, February 18, 1796. He fitted for college at Phillips Academy and graduated at Harvard in 1814. He read law with Joseph Lyman, of Northampton, but. BOOn abandoned his profeaaion and entered upon. mercant.ile pursuits. In 1833 he W811 a member of the, firm of W. O. Mayhew & Co., of Baltimore, and afterwards of t.he firm of Brooks & Harrison, in the same city. In 1840 he reLurned to M88II8Chual'tts and made Medford his reaidence. He was a member of the Legislature from Medford in 1847 and died September 10, 1855. His wife was a daughter of R. D. Shepherd, of Shepherdstown, Vir­ginia.

EBBNEZER BoWMAN W811 boru in Wilmington, July 31, 1767, and graduated at Harvard in 1782. He practiced Jaw at Wilkeebarre and died in 1829.

IsAAO FLBTOBBR W81 bom in Dunstable, N ovell\ber 22,1784, and graduated at Dartmouth in 1808. He read law with Prescott & Dunbar at Keene, New Hampshire, and in 1811 removed to Lyndon, Ver­mont. He was eight years attoruey for Oaledonia County, a member of ihe Legislature in 1837 and 1841, and a member at one time of the Governor's stafF. He married, in 1818, Abigail Stone, and died October 9, 1842.

AHos KBNDALL W81 t.he lOb of Zebedee and Holly (Dakin) Kendall, of Dunstable, and W81 born in that town August 16,1787. Unt.il he W811 eixteen years of age he worked on his father's farm and then fitted for College at the academy at. New Ipswich and at. the academy at. Groton. He graduated first scholar at Dartmouth in 1811, and while in college taught school a portion of the time in his nat.ive town. He read law in Groton with William M. Richardson, of Groton, and W8l_ admitted to the Middlesex bar. In 1814 he removed to Kentucky, where he W811 for a time a tutor in the family of Henry Clay. At.

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HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

Frankfort, Kentucky, he edited the ..4."11'", and in 1829 was appointed fourth auditor of the U nitedStatell Treas­ury, by Andrew Jackson. From 1885 to 1840 he was Poatm&lter·General and afterwards devoted himself to his profeaaion. He W&l the founder and the first president of. the Deahnd Dumb AlI1lum at Washing­ton, and waa for eome years ·one of the trustee. of Columbia College, in that city. He married, October 1, ,1818, Mary B. Woolfolk, by whom he had four children, and iii 1826 he married Mary Kyle, by whom he had ten more, and who died in Washington in June,1864. In 1849 he receivlld a degree of Doctor

. of Laws from Dartmouth College. During his reid­dence in Waahington he gave $115,000 to the Cavalry BaptilltChurch, $20,000 to the Deafand Dumb Aeylum; $25,000 to found two mllBion schools, and $6000 to establieh a scholarship in. Columbia College. In 1862 he removed to Kendall Green, New Jersey, and in 1866 visited Europe and the Holy Land. He died in Washington, November 12,1869. Mr. K-en-, dan waa descended from Francis Kendall, who came to New England from England about 1640 and settled in Woburn. Francis Kendall married Mary Tidd in 1644, and had John, bom 1646; Thomaa,I649; Mary, 1651; Elizabeth, 1653; . Hannah, 1655; Rebecca, 1657; Samuel, 1659; Jacob, 1661 ; and Abigail, 1666. Jacob Kendall, one of these ch~ldren, waa the great­grandfather of Zebedee, the father of the subject of this sketch.

WILLIA.K MB&CHANT RICHARDSON was born in Pelham, N. H., Jan. 4, 1774, and graduated at; Har­vard in 1797. He practiced law a few years in Gro­ton, and was a member of Congreaa from 1811 to 1814. Removing to Portsmouth, he became distinguished'at the bar, and was chief juatice of the Supreme Court of New Hampshire from 1816 to 1888. He was the author of the "New Hampshire Justice and Town Officer," and performed a great amount. of work on the New Hampshire reporlB. He died at Chester, N. H., March 28, 1888.

WILLIAM AUSTIN was born in Charlestown March 2. 1778,·and graduated at Harvard in 1798. Heprac­ticed ll&w in the courts of bot.h Suffolk and Middlesex, but waa a member of the Middlesex bar. In 1801 he delivered an oration at Charlestown, on the 17th of June, and in 1807 published a volume entitled "An EBSay on the Human Character of Jesus Christo" In 1805 he :was wonnded in a duel with James H. Elliott, the result of a newspaper controversy. He died in Charlestown June ~, 1841.

WILLIA.M BRATTLE was the IOn of Rev. William Brattle, qf Oambridge, and waa born in that. town in 1702. He graduated at Harvard in 1722, in the claaa with William Ellery and Richard BaltonstalJ. He combined in his pract.ice the occupation of a lawyer, preacher, physician, soldier and legislator. He W&l captain of an artillery company in 1788 and a major­general in the militia, And at v .... ious times a member of the General Court and of the Council. Being a

Loyalist he removed to Halifax, Nova Scotia, in' 1776, and tbere died in October of that year.

RIOHARD DANA was the grandeon of Richard Dana, who came early to New England and sett.led in Cambridge in 1640. He W&l bom in Cambridge July 7, 1699, and graduated at Harvard in 1718. He was eminent in his prof8l8ion, and practic~ in Marble­head, Charlestown and Boston. He married a sister of Edmund Trowbridge, and was the fatlterof Francis Dana, already mentioned. He died' in Cambridge May 17, 1772.

RIOHA&n H. DANA waa the son of Francia Dana, of Cambridge, and waa born in that town November 15, 1787. He graduated at Harvard in 1808, and read law with hiB father, and was admitted to the Suffolk bar in 1811, and, not long after, to the Baltimore bar. In 1812 he settled in ,practice in Cambridge, and at. one time was a member of the General Court from that town. He is believed by the writer to have had no other experience in public life. Hia taate for purely literary occupatio~ was early developed, and as an 8888yist and poet he had wide distinction. Ie 1814 he delivered a Fourt.h of Jul,. oration, in 1818 and 1819 he was &l80ciated with Edward Tyrrel Chan­ning in thl! editorial management of the North .timeri- . caR RevietlJ, and in 1889 and 1840 delivered a series of lectures on Shakespeare in Boston, New York and PhiladelphiL As a poet, however, his name is better known. In 1825 he published in the NetIJ York Re­view his first poems-" The Dying Raven" and the " Husband and Wife's Grave," and in 18~ he pub­lished II The Buccaneer, and Other Poems." In 1833 a volume of hie poetical 1Wrb was illliued, anel in 1850 two volumes of his poem. and prose writingB were ilBUed, which included all hia literary efforts except. his lectures on Shakespeare. He received a degree of Doctor of Laws from Williams College and died in 1867.

STBVEN ScALBS, believed to have been born in Boston, graduated at Harvard in 1768, in the claBS with Josiah Quincy, Nathan Cushing, John Jeffries, BamllOn Salter Blowers, Tinlothy Pickering and Caleb Gannett. He remo'ved, in 1772, from Boston to Chelmsford, and died November 5th, in the same year.

JONATHAN WILLIAM: AUSTIN, the IOn of Benjamin Austin, of Boston, was born in that town April 18, 1751, and graduated at Harvard in 1769, in the claBS with James Wint.hrop, Peter Thacher and Theophi­Ius P8I'I1Ons. He read law with John Adams, and was admitted to the Suffolk bar July !!7,1772. In 1778 he removed t.Q Chelmsford and began his pro­'feaslonal life. He W&l a member of the Middlesex Convention in 1774, and paaaed through the several grades of captain, major and colonel in 'he War of the Revolut.ion. He died in 1778, while in the army, on oQe of the Sout.hern campaigns.

JOHN WYTHE, whose time and place of birth are unknown to the writer, graduated at Harvard in 1760, in the 01&18 with John Lowell and William

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BENOIt ANn BAR.

Dayliee. He set.tled .. a lawyer in Ohelmsford in 1778, and 8l1beeqllent.ly removed to Lexington and Cambridge, at. which latter place he died in 1811. . SAMUEL DEXTER, SOil of &mllel Dexter, of B0s­ton, WM born in that. town May 14, 1761, and gradll­ated at. Harvard in 1781, in the clus with John DaviB and Dudley At.kins Tyng. He read law in Worceeter and went to Chelmsford in 1786, subee­quently removing to Charleetown and finally to Bos­ton, where he became one of the mOllt eminent lawyen of hiB day. He was a membet of both the House and Senate in Congr8llll, serving in the latter capacity in 1799 and 1800, and was' appointed, by Preeident John Adam, Secretary of War in 1800, and Secretary of the Treasury in 1801. His chief dis­tinction, however, he won at. the bar. He lived in days before oratory was. a loet art. in the courte, and his arguments were masterpieces at logic clothed in lan­guage delight.ing the ear and winning the heart. and jndgment of all who heard him. HiB peroration in his speech, in 1806, in defenae of Thomas Oliver Self­ridge, indicted for the murder of Oharles Austin, the writer heard repeated many yean since by Judge Nahum Mitchell, of East Bridgewater, who was in the court-room at t.he time of its delivery. Selfridge was a graduate of Harvard in 1797, and t.he father of Rear Admiral Selfridge, of the United States navy. He was a pract.icing lawyer and a prominent. Federalist. Austin was the son of Benjamin Austin, lUI active and 88rDeet DemOcrat, who, it was claimed by hie son, had been abused in the newapapen by Selfridge. For thiB abuse Austin threatened to pnniab Self­ridge, and the two meeting in State Street, Boston, Selfridg~, expecting ail attack, fired the fatal shot.. Both Selfridge and Austin occupied high social pOIIi­tiona, the latter being the son of a distinguished mer­chant and the uncle of the late. James Trecothic Aus­tin, the Attorney-General of MII.achusette from 1882 to 1843 j and intense excitement, both political and aocial. attended the trial. Tbe writer rememben a capital t.rial about 1841, in which Jamee T. Austin, the Attorney-General, 11'88 opposed by Franklin. Dex­ter for the defense, the son of· Samnel Dexter, who succeaafully defended Selfridge, the slayer. of Mr. Austin's IIncle, &Qd it W88 not difficult to detect, in the cowae of the trIal, a trace of the ancient fanilly feud which the events of 1806 had excited. The olOlling worda of Mr. Dexter's speech were as follows: .

II I reepect the dictates of the Christian religion j 1 shudder at the thollght of shedding human blood j bnt if ever I may be driven to that. narrow p888 where forbearance ends and disgrace baghia, may thie right arm' fall palsied from ita socket lf I fail to defeod mine honor."

Hr: Dexter died at AthenB, io the State of. New York, May 4, 1816.

ELI8BA FuLLBB was the son of Re",. Timothy Fuller, of Princeton, and. 11'88 boro in 1796 and grad­uated at. Harvard in 1816, in the claaa with George

Eustis, Oonve~ Francia, Thaddeus William Harria, John Amory Lowell, John Gorham Palfrey, The­ophilua Parsons and Jared Sparks.· He wai admit­ted to the bar in 1828 and settled in Concord, whence in Jlln8,.1881, he removed to Lowell He finally re­moved in 1844 to Worcester and died in 18M.

TIMOTHY FuLLBB, a brother of t.he above, was born in Oh(lmark, M888&Cbuaette, JlIly 11,1778. He gradu­atedat.Harvardin 1801,and read law in Worcester in the office of Levi Lincolo. He 11'88 8tate Benator from 1818 to 1816, member of Congreaa from 1817 ~.1826, Speaker of the Maeeaehuaec.ta Houae of Representa­tives in 1826 and member of the Executive Council in 1828. He was the father of Sarah Margaret FIII­ler (Countess d'Oaaoli), Arthur Buckmin.ter and Rich­ard Frederick Fuller, all of whom were born ill Cam­bridge during the reaidence of their fath~r in that town. After many yean' reeidence in Oambridge be removed to Groton and there died October 1:1886.

CALBB BUTLBB was' born in Pelham, New Hamp­llhire, September 18, 1776, and graduated at Dart­mouth in 1800. He read law in Groton with Luther Lawrence and settled in that town, where he 11''' the principal of the Groton Academy eleven yean, and pOIItm88ter thirteen yean. He devoted milch of hiB t.ime to literary punuits and pllbliahed a history of Groton in 1848. He died at Groton October. 7, 18M.

WILLUK L. OHAPLIN was the BOn of Rev. Daniel and Susanna (Prescott) Chaplin, and 11'88 bom Octo­ber 27, 1796. He died at Oortland, New YOlk, April 28,1871.

CHBISTOPHEB GoB. was bom in Boston Septem­ber. 21, 1768, and was the son of John Gore, of that. town. He graduated at Harvard in 1776 andstlldied law with John Lowell. In 1789 he 11'88 appointed United States district attorney, and in 1796 11'88 ap­pointed, with William Pinckney, commissioner IInder Jay's Lreaty to settle American olaima against. England. . He W88 a member of both branchee of the State Leg­islature, Governor of Maaaachllaetta in 1809 and Uni­ted States Senator hom 1818 to 1816. Be died at. his residence in Waltham March 1, 1827.

RoaBB SHBlUIAN, one of the signen of the Decla­tion of Independence w.. a native of Middlesex Oounty, and was bom in Newton A»riI19, 1721. Un­til twenty-two yean of 'age he followed the trade of shoemaker, and in 1748 went. to Nort.h Milford, Oon­necticut, where h~ engaged in trade with an older brother, and in 1746 11''' appointed county sllneyor of lands. He subsequently read law and 11'88 admit­ted to the bar in 1764, at the ag& of thirty-three. He Willi at one time a member of the Assembly and in 1769 W88 appointed a judge of the Court. of Commop Pleas. In 1761 he removed to New Haven and 11'88 appointed there in 1766 judge of the Common Pleas, an .. letant in 1766 and later a judge of the Superior Court.. In 1774 he was appointed member of Con­gress, became United States Senator and from 1784 until hie death was mayor o( New Haven. In 1776

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xl HISTORY OF MIDDLESEX COUNTY, MASSAOHUSETTS.

he wu one of the committee of CongreBII appoinu,d to draft the Declaration of Independence, and in 1783 usiated in codifying the laws of Connecticut. He died at New Haven July 28,1798.

RooER MINOT SHERK.UT, nephew of the above, was born in .Woburn May 22, 1778, and graduated at Yale in 1792. He was admitted to tbe bar in 1796, and made Fairfield, Conn., hie permanent J'Ulidence. He was a member of the AlI88mhly in 1798, of the Senate from 1814 to 1818, a member of the Hartford Convention in 1814, and judge of the Superior Court and the Supreme Court of Errors from 1840 to 1842-He died at Fairfield December 30, 1844.

ASHER W ARB was born in Sherburne Feb!11ary 10, 1782, and graduated at Harvard in 1804, receiving a degree" of Doctor of Laws from Bowdoin in 1837. After leaving college be was tutor at Harvard from 1807 to 1811, and Professor of Greek from 1811 to 1816. After admission to the bar he practiced one year, 1816, in Boston, and in 1817 removed to Port­land. Upon the organization of tbe State of Maine, in 1820, he was made f:lecret&ry of State, and from 1822 to 1866 was judge of tbe United States Dilltrict Conrt. -

SIHON GREENLEAP, thougb not a member of the Middlesex bar, was 80 long a resident in the county as Professor in the Dane Law School at Cambridge that he ought not to be omitted in these sketches. Mr. Greenleaf was descended from' Edmund Greenleaf, of Brixham, Devonlhire, England, who came to New England very early and aettled in Newbury in 1685, whence he removed about 1660 to Boston, and there died in 1671. The family is supposed to have been of French origin, and its name a tranllation of the French Feuillevert. Jonathan Greenleaf, of the fourth. generation, lived in Newbury, accumulating property by ship-building and taking an active part in public alfairs·as Representative, Senator and Coun­cilor. His IOn Moses was a Ihlp-builder and re­moved to New Gloucester, Maine, where he died in 1812. Mosea Greenleaf married, in 1776, Lydia, daughter of Rev. Jonathan Parsons, of Newburyport, and Simon Greenleaf, the subject of this lketch, was his fourth child, and was born in Newburyport De­cember 6,1783 .• After the removal 'of hil father to New Gloucester, about 1790, Simon, left in the care of his grandfather, attended the Latin School of New­buryport, under the inltruction of Michael Walllh, and at the age of eighteen joined his father and began the study of law in the office of E,.ekiel Whitman, afttorwards cbief juatice of the Supreme Court of Maine. In 1806 he was admitted to the bar of Cum­berland County and began to practice in the town of Standish, Maine, whence he removed to Gray, and in 1818 removed to Portland. When the district of Maine became a State in 1820, and a Supreme Conrt was established, be was appointed by the Governor reporter of decisions, and held office twelve years. During this period he published nine volumell of re-

ports. In 1882 he resigned his position, and in 1838 aucceeded John Hooker Ashmun as Royall Professor in the Dane Law School, which situation he held until 1846, when, on the death of Judge Joaeph Story, he was transferred to the Dane Professorship. In 1848 failing health induced his resignation, but until hil death he held the P.OIition of Prof8880r Emeritus.

Beaidea his volumea of reports Mr. Greenleaf pub­lished in 1821 "a full collection of C8IeII Overruled, Denied, Doubted or Limited in their applicat.ion, taken from American and English Reports i ". in 1842 a "Treatitle on the lAw of Evidence," and at VariOUI times an Ie Examination of the Testimony of the Four Evangelista by the Rulel 'of Evidence administered in CourlB of Juaticei" an edition of "Cruise's Digeat of the Law of Real Property;" a .. Discourse at his In­auguration as Royall Prof8880r," and a .. Discourse Commemorative of the Life and Character of the Hon. Joseph Story, LL.D." He received the degree of Doctor of Laws from Harvard in 1834, from Am­herst in 1846, from Alabama College in 1852, and the degree of Muter of Arts from Bowdoin in 1817. He died at Cambridge October 6, 1868. He married, in 1806, Hannah,. daughter of Ezra Kingman, of East Bridgewater, Maaaachuletta, and had fift.een children, of whom only one aurvived him.

ABNER BARTLBTT W81 a descendant of Robert Bart­lett, who came to Plymouth in the" Ann " in 1628 and married, in 1628, Mary, daughter of Richard Warren, who came in the " Mayflower." He was the son of Abner and Anna (Hovey) Bartlett, of Plymouth, and was born in that town in 1776. His silter Anna mar· ried, in 1796, Ellis Bartlett, the grandfather of Wil­liam Lehman Ashmead Bartlett, who married Baron-818 Burdett-Coutts. He graduated at Harvard in 1799 and married Sarah Burgeas and settled in Med­ford. One of his daughters was tbe firat wife of Rev. Dr. George W. Briggs, now of Cambridge. He died in Medford, September 8, 1860.

SAHUEL BLOOOET was born in Woburn, April 1, 1724, and at the age of twenty-one was' engaged in the expedition against Louisbourg, in 1746. He was before the Revolution judge of the Court of Common Pleas for Hillsborough County. In 1791 he became intereated in t.he manufacture of duck, and in 1798 .began the construction of the canal round Amoskeag Falls, which bears his name. He died at HaverhiH, September 1,1807. . . J ORB' HOAR went from -Scituate about 1660 and aet­

tIed in Concord, where he died April 2,1704. DANIEL BLISS, IOn of Rev. Dani"l BlI., was born

in Concord, MarCh 18, 1740, and graduated at Har­vard in 1760. He read law with Abel Willard, of Lancaater, and was admitted to the Worceater bar in 1765. He began p~tice in Rutland, removed to Concord in 1772, but retired to Fredericton, New Brnoswick, at the time of the Revolution, where he became chief"juatice of the Provincial Court of Com­mon Pleas, and died in 1806.

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THO)(AS HEA.LD was bom in New Ipswich, New Hampahire, March 81, 1768, and graduted at Dart­mouth in 1797. Iie read law with Jonathan Fay and waa admitted to the bar in 1800. He .ettled in

, Concord in 1818 and' died at Blakeley, Alabama, in 1821, while a judge in tbat State. '

JOHN LBIGHTON TtrrrLB waa 'born in Littleton and graduated at HaHard in 1700. He practiced

·Iaw in Concord. "here he waa poatmaater, county treasurer and Senator, and died ,at Watertown, New York, July 28, 1813. •

JOBN KEYES waa the son of JOIeph Keyes, of Weetford, and waabom inthat.toWD in the year 1787. He waa the youngeet eon of a large family of twelve children, and until entering college lived with hiB father, working on hia farm during the aummer and attending the dietrict school in the winter. Hiala­ther reared his family during the disastrous days which followed the Revolution on a farm of about forty acree of poor lIOil and without a market, where his anceaton during four generationa had before him .truggled for a livelihood. Young Keyes. with a mind .tronger than his body, whOle conatitution, nat­nrany delicate, had been further unfitted, by a severe accident in his fifteenth year, for the labon of a farm­er's life, gradually drifted into the patba of knowledge which led to a better education than that which moat of hi. achool and playmates were able to receive. With health somewhat reatored he entered Weetford Academy, boarding at home and walking dally three milee to achool. He entered Dartmouth College ill 1805, and by careful economy and with the earnings of school-teaching in the winter he made the IICIUlty suppUee from home suffice for his college career, and graduated ib 1809. Levi Woodbury, of New Hamp-

. shire, waa the youngeet in yean and fint in rank in his cl .... and it is said thac the seventeen hours of stndy in the wenty-four which the robuat conatitu­tion of Woodbury permitted him without injury to endure, alone euabled him to compete sncceaafully with his leas fortunate cl .. mate and friend •.

After leaving college he retamed to Weatford and entered aa a student the law-office of John Abbott, then an eminent practitioner at the lIiddlesex bar, supportlng hi~lf partly by aervicea rendered to his instructor and partly by teaching school. In the winter of 1811-12 he taught the achool in Die­trict No.7, in Concord, boarding with Samuel Buttrick, and March 12, 1872, entered his name' in the law-office of John Leighton Tnttle, of that town. At the September term of the Circuit Court of Com­mon Pleas in the 'Iaat-mentioned year, before Judge Samnel Dana, he waa admitted to the Middlesex bar, and at once took the, office of lIr. Tuttle, who had been appointed lieutenant-colonel of the Ninth Reg­,iment ~r frontier service, and who died at Water­town,. New York, Jllly 28, 1818. Colonel Tuttle had been postmaater of Concord, and Mr. Keyes waa ap­pointed hia sUec:eMOr, holding the -office from 1812 to

1887, when hewaa removed by Preeident Van Bllren. Colonel Tuttle had alao been county treasurer, and Benjamin Preaeott, who waa chosen. to aucceed him, baying failed to give bonda, Hr. Keyes waa appointed by the Court of Sesaiona in his place. He waa aub­sequently rechoaen annually until 1887, a period of twenty-four years. From the ulariea of these officea he laid the foundation of a fortune which at his deRth wu the largest ever inventoried ;io Concord.

lIr. Keyes waa early led into politica and warmly supported the Democratic party in oppositiou to that of the Federalitlts. The alluring attractions of polit­ical work, together with tbe dntiee of the officee, he held, drew him somewhat away from the more aober patba of his profeeaion j . but he acquired nevertheleaa a reapectable and lucrative practice ata barwbich in­cluded Artemaa Ward, Samuel Dana, Timothy Big­elow, Auhel Stearna and Samuel Hoar among hia sen ion, and Hoamer, Fuller,. Lawrence and Adams among his contemporariee. Though he waa engaged in many important cauaea, be waa, however, better known aa a politician than aa a practicing lawyer. In 1820 he waa a delegate to the convention for the revi­sion oC the State Conatitution from Concord, and in 1821 and 1822 he waa a member oC the Maaaachuaetta Honae of Repreaeutativee. From 1828 to 1829 he waa a member of the Senate, in which body he waa of sufficient consideration to attract the shan. of his po­litical opponents, one of which waa 80 libeloua as to cause the editor who published it to be prosecnted And convicted. At the close of his fint senatorial term he WRB nominated by the National RepUblican party for Congreaa, but wIW defeated by Edward Ev­erett, after a cl08e contest. ' In 1882 and 1883 he waa again a member of the lIaaaachuaeLta Honae of Rep­resentatives, and during the illness of the Speaker, JuJjua Rockwell, waa chosen Speaker pro Urn. From 1828 to 1888 hie party waa predominant in lIiddlesex County, and hia counsels prevailed with his party, being, aa he undoubtedly waa, the moat popular aud infiuential man within its limits.

Mr. Keyee' waa' prominent in the Maaonic Order,lat one time holding the aecond office in the State, and in the Anti-lIaaonic excitement of 1834 he waa an ob­ject of special attack, and in consequence l08t his of­fice of county treasurer. In 1837, wheD removed from the poet-office, he ended bia public aenice.

,In town affairs he waa active, bnt. declined office, except that of moderator of town-meetingB, to which he waa frequently chosen. He waa a good pre­siding officer and was eelected to act as Preeidont of the Day at the bi-centennial celebration of the settle­ment oC Concord. He waa one of the projecton of tbe HiD Dam Company, the Inaurance Company, the Bank and Savings Institution in that town, and either president or director in these corporatioDB. In the Lyceum, the schoola and the parish he waa earn­eet and usefnl, and all of them have Celt the impreaa of hla hand and life.

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xlii HISTORY OF MIDDLFBEX L1OUNTY, MASSACHUSETTS.

In 1816 Mr. Keyes married Ann S. Shepard, daugh­ter of Dr. T. Shepard, of Hopkinton, whOle widow had removed to Ooncord IUld lived there, the wife of William Hildreth, Iberiff of Middlesex County, from 1810 to 1815. He had· five children; of whom two were girll and died young, and three were lonl, of whom one, John S. Keyes, il mentioned in this narrative. Mr. Keyes died at Ooncord, August 29, 1844, at the'llge offlfty·seven.

ABRAHAM FULLER, IOn of J08eph and Sarah (Jackson) Fuller, Will born March 28,1720. He kept Ichool in Newton four years; was town clerk and treasurer of that town twenty· seven years from 1766; repreaentat!ve to the General Court eigbteen years; delegate to the Provincial Court, Senator, counciillor and judge of tbe Court of Common Pleas. He died April 20, 1794.

WALTBR HASTINGS was born in Ohelmsford in 1778 and graduated at Harvard in 1799. He read law with Judge PrescOtt at Groton, .and opened an office in Townsend, where he practiced until the War of 1812, during which he was a colonel of a regiment. At the clole of the war he returned to Townsend, and in 1814 married Roxanna, daughter of M0888 WarreD, and died June 6, 1821.

NATHANIEl, GoRHAM was born in Oharlestown May 27, 1738. He was many years one of the select­men of the town, and ita representative from 1771 to 1775. He was a delegate to Provincial Congreaa, a member of thEl Board of War, a delegate to the State Conltitutional Convention in 1779, a delegate to Con­gress in 1782-83 and in 1785-87, aud ita president in 1786. He was allO, for several years, a judge of the Court of Common' Pleal. He died at Oanandaigua, New York, October 22,1826.

BENJAMIN GoRHAM, IOn of the above, was born in Charlestown February 13, 1775, and graduate4 at Harvard in 1795. He Itudied law with TheophilWl Paraonl, and become an eminent lawyer at the Mid­dlesex and Suffolk bars. He was a member of the Geotlral Court, and in 1820, '21, '22, '23, '27, '28, '29, '30, '31, '33, 's:; "1'111 a member of Congr8l8. He died in Boaton September 27, 1856. .

DANIEL BUf!8 RIPLEY, Ion of Rev. Ezra Ripley, of Concord, waa born in tbat town in ]788, and grad­uated at Harvard in 1805. He died at St. Stephen'l, Alabama, April 30, 1825.

JOSEPH STORY was neither a native of Middle8!lx County nor a practitioner at its bar, but he bad hia rea­idence 80 long within ita limita, and in the mindl of peraonlliving, who remember him, he waa 10 identi­fied with Oambridgeand the Law Scbool,of which he waa many years the head, that a chapter on tlie Mid­dlesex Bench and Bar would be incomplete without a reference to hil profesional career and the law pub­licationi which be left al memoriall of hil legal knowledge and indefatigable industry. He wal born in Marblehead, September 18,1779, and was the IOn of Dr. Elilha Story, a native of Boaton, and a lurgeon

in the Revolution. He graduated at Harvard in 1798, and received degrees of Doctor of LaWI from Brown in 1815, Harvard in 1821 and Dartmouth in 1824. The writer can do no better than follow the text of a sketch of .Judge Story publiahed in another work, • which contalnl all tbe facta neceaaary to relate, and which migbt aa well be literally copied, aa to be pre­sented in a merely remodeled form :

Among his claaamatea were William Ellery Oban­ning. John Varnum and Sidney Willard. Hia edu­cation befoie enteriflg college waa recei ved in Marble­head under the direction of Rev. Dr. William Har­ria, afterwarda president of Columbia College. He began hll law studies in the office of Ohief Jnltice Samuel Sewall, in lIarbJehead, and continued them, after the appointment of lIr. Sewall to the bench, in t.he office of Samuel Putnam, of Salem.. He waa ad­mit.ted to the Eaae:z: bar In July, 1801. He wal a Democrat in politics, and aa luch Itood alm08t alone among the lawyers of the county. He 'Waa a mflmber of the lI888achuaetta Hou.e "of Representatives in 1805, '16 and '17, a member ofCongreaB in 1808, again a member of the Ltoglslature from 1809 to 1812, and waa clioaen Speaker of the House of Repreaentatives in January, 1811.

In 1806 be advocated in tbo Legislature au increase of the salaries of the judges of the Supreme Judicial Court; in oppoeition to the prejudicea of hil party again,t high judicial salaries, and more especially againlt Theophilus Panonl, whom it waa propoaed to . put upon the bench, but who could not afford to relinquiah a practice of $10,000 for a poaition haring attached to it the paltry aalary of $1200. lIr. Panonl waa especially obnoxious to the Democrata, but Mr. Story, with that Iturdy independence which alwaYI characterized him, advocated and carried a bill to increasEl the lalary of the chief juatice to $2500, and of the IU!lOciate jUltices to $2400, and Mr. Paraons waa appoi!lted and accepted the appointment. In 1809 he advocated and waa largely the means of se­curing a further incrll&le of tbe aalariea of the chief jUltice and the aaaociatea to I3ISOO and $3000 re-Ipectively. .

On the 18Lh of November, 1811, lie was appointed by Madiaon asaoclatEl juatice of the Supreme Court of United Statel, to fill the vacancy cauled by.t~e death of William CUlihing, of Mauachuaetta, which oc­curred on the 13th of September, 1810. Tbe appoint­ment had been previously offered to John Quincy AdamI, who declined it. Mr. Story waa then only thirty-two years o,f age, and hil appointment reflecta credit on the aagacity of Mr. Madiaon who dilcovered in 10 young a man tbe signl of promise which hil career afterwardl fully verified. In 1820, at the time of the separation of Maine from Maaaachu8etta, he waa a delegate from Balem to the OoDstilutional Oonven­tion .. In 1828, Nathan Dane, who, in founding the Law School at Oambridge, had reserved to himself the appointmeDta to ita prof68lOrahipa, appointed Judge

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B1i1NCH AND. BAR. xliii

tstory, Doe ProfellllOr of Law, and John Hooker Ashmun, Royall Profell8or of Law, and in the nezt year, 1829, he removed from Salem to Cambridge, where he continued to se"e until hiB deatb, on the lOth of September, 1846.

Aside from his learning in the law and that wonder­ful fluency in the use of language, both spoken' and written, which made his learning available, nothing distinguished him more than his industry. With the labors of a judge constantly prell8ing upon him and the carea of his profeuol8hip, the prell W88 kept bUBy in supplying the law Iibrariea of the land with hia commentariea and treatisea and milC8llaneoUB produc­tio~s. His fira .. publication aeems to have been a poem entitled the "Power of Solitude," published in Balem in 1804. In 1805 appeared "Selections of Pleadiuga in Oivil ActioDl with Annotations." In 1828 he 8!iited the public and general statutes pl88ed by Congr888 from 1789 to 1827, and in 1836 and 1846 supplements to theBe dates. In 1882 appeared" Com­mentari88 on the Law of ·Bailment. with IlIultrations from the Civil and Foreign Law;" in 1833 II Com­mentariea on the Constitution;" in 1834 II Commen­tariea on the Conflict of Lawa, Foreign. and Domestic, in Regard to Contract., Right. and Remediea, and Ea pecially in Regard to Marriages, Divorcea, Willa, SUCCell8iona and Judgments.'; In 1835 and 1836 ap­peared "Commentari88on Equity Jurillprudence 88'

Adminiatered in England and America;" in 1838 "Commentariea on Equity Pleadinga and the Inci­dent. Thereto according to the Practice of the Courta of Equit)' in England and America;" in 1839 II Com­mentaries on the Law of Agency as a Branch of Com­mercial and Maritime Jurisprudence, with Occaaional IlIUBtrations from the Civil and Foreign Law;" in 1841 II Commentariea on the Law of Partnership as a Branch of Commercial· and Haiit.ime Jurispru­dence, with occaaional iIlDltrations from the Civil and Foreign Law;" in 1843" Commentaries on the Law of Bills of Ezchange, . Foreign and bland, as. Administered in England and America, with occa­aional illustrations from the Commercial Law of Na­tionl of Continental Europe;" in 1845 .. Commenta­riea OD the Law of Promillory Notes." His decisiona iD the fint circuit from 18U to 1815 are in "Galliaon's Reporta; .~ from 1816 to 1830 in ." MfI.IOn's Reporta;" from 1830 to· 1839 in .. Sumner's Report.," and from 1889 to 1846 in Ie Story's Report.." Among hia nu· meroDl other publicatioOl were an " Eulogy on Wash· inglon," at Salem, in 1800; an " Eulogy on Captain Jamea LawreDce aDd Lieutenant Ludlow," in 1813;

. •• Sketch of Samuel Dezter," iD 1816; .. Charges to GraDd Juriea in BostoD and ProvideDce" iii 1819; "Charge to the GraDd Jury at Portland," iD 1820: .. Add.... before the Sulfolk Bar." iD 1821; II Die­course before the Phi Beta Society," in 1826; "bie­course b.fore the Eaeu Historical Society" iD 1828; II Addr .. at hia own inaulDration as Prof8lBOr," in 1829; II Addrell ,t the dedication of MOUDt Auburn,"

in 1831; .. Addreu at the funeral servicea of Profell8Or John Hooker Ashmun," in 1833; "Eulogy on John Marshal," in 1835; .. Lectures on the Science of Law," in 1838; "Addr8111 before the Harvard Alum­ni," in 1842, and a "Charge to the Grand Jury of Rhode Island on Treason," in 1845. In addit.ion to this long liet of his works might be mentioned a large number of easays and articles in magazines and re­views, and three unprinted man11lcript volum88 fin­ished jOlt before his death, entitled" Dlgeat of Law Supplementary to ComyOl," which are deposited in the Harvard College Library.

NATHA.N CROSBY was born in Sandwich. N. H., February 12, 1798. He W88 deacended from Simon and Ann Crosby, who Bet~led in Cambridge in 1635. 1.'he deecent 1'811 through Simon, of Billerica, Josiah, Josiah, Josiah and Au, a physician, who married Betsey, daughter of Colonel Nathan Hoit, and died in Hanover. N. H., April 12, 1836, at the age uf seventy years. Nathan was one of seventeen children by two mothers, siz dying young, five 8001 receiving degrees from Dartmouth and two dauRhten marrying profes· sional men. Three of the brothers of Nathan were "ro­fellOn at Dartmouth. He graduated at Dartmouth in 1820, and married Rebecca, daughter of Stephen Moody, a lawyer of Gilmanton, N. H. He studied law with Mr. Mooay and with ABa Freeman, of Dover. Hi. wife died January 8, 1867, and he then married, May 19, 1870, Mn. Matilda (Pickens) Fearing, daugh­ter of Jamea and Charity (Mackie) Pickens, of Boston, and widow of Dr. Joseph W. Fearing, of Providence. In 1826 he removed from New Hampshire to Ames­bury, thence to Newburyport, and, in 1843, to Lowell, where he succeeded Joseph ~cke 8B judge of the Police Court.

Jomr P. RoBINSON was born in Dover, N. H .• in 1799. and, after a~tendiJlg Phillips Academy,entered Harvard in '1819, and graduated in 1823., He read law in the office of Daniel Web8~r. and in 1827 began practice in Lowell. He was a member of the House of Repr88entatiV811 in 1829, '80, '31, '83, '42, and a ~nator in 1835. He was a echolar as well as a law­yer, and devoted no small portion of his time to cl&IBi­calatady. He married a daughter of Ezra Worthen, And died October 20, 1864. He was a man of lOme­what eccentric trait., and inveterate in his 'persons I dislikes and quarrel.. On one occaaion. meeting a brother member of the bar, he said, while rubbing his hands with apparent utisfaction : "There will be hot work in hell to-night." II How is that, Mr. Rob­inaon ?" asked hia friend. .. Io'.rley died this morn­ing." he replied.

WILLIAM W. FULLER, eoD of Rev. Timothy Fuller, and brother of Elisha and Timothy, already men­tioned, graduated at Hanard in 1818, and practiced law in Lowell eight yean, but removed to lllinoia, where he died in 1849.

NATHAN BROOKS, son of Joshua Brooks, of Lin­coln, was bom in that town October 18. 1785, and

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xliv HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

graduated at Harvard in 1809. He lettled in Con­cord in 1813, from which town he W88 Representative to the General Court in 1823, '24, '26. In 1827 he W88 appointed M88ter in Chancery, in 1829 he wu a member of the Executive Council, and in 1831 Sena­tor. He married, in 1820, Caroline Downes, and had Caroline, who married Ebenezer Rockwood Hoar. He married, second, Mary Merrick, and had George Merrick. He died in 1868.

SAMUEL FARRAR, IOn of Deacon Samuel Farrar, and brother of Timothy Farrar, already mentioned, W88 bom in Lincoln, December 18,1778, and gradu­ated at Harvard in 1797. He W88 tutor at Harvard one year, after which he read law and settled in An­dover, wher,e he W88 at one. time president of a bank and treasurer of the Theological Seminary, and died in 1864.

JOSEPH FARRAR, eon of Humphrey Farrar, of Lin­coin, WAI born in that town February 14,1775, and graduated at Dartmouth in 1794. The writer is un­able to state where he practiced law.

JAMES RUSSELL, Ion of Daniel RUl!8ell, of Charles­town, and brother of Chambers Rll88ell, already men­tioned,w88 born in Charlestown, August 5, 1715. He W88 a Representative from Charlestown thirteen yean, from 1746, and May 16, 1771, W88 appointed a judge of the Conrt of Common pleas. In 1775 he removed to Dunltable, and thence to Lincoln, where he lived mor~ than fif\een yean. He marriEd Katharine, daughter of Thom88 Graves, who died in Lincoln, September 17, 1778. His children were Thom88, who married Elizabeth, daughter of George Watson, of Plymouth; Charles, a graduate of Harvard in 1757, who became a phYlician; Chambers, who died in Bouth Carolina; Katharine, who married a Mr. Henly, of Charlestown; Rebecca, who married Judge Tyng and Judge Bewall; Margaret, who married John Cadman, and Sarah and Mary, unmarried. Mr. Rue­sell died in Charlestown.

NATHANIEL PIEROE HOAR, IOn of Samuel Hoar, of Lincoln, W88 bom in that town September 2, 1784, and graduated at Harvard in 1810. He read law with hiB brother, Samuel Hoar, of Concord, and set­tled in Portsmouth, N. H., in 1813. He returned to

. Lincoln, and there died May 24, 1820. THOMAS FISKE, IOn of Elijah Filke, of Lincoln, W88

born in that town about 1799 and graduated at Har· vard in 1819. He lettled in Charleston, Bouth Caro­lina, in 1826 and died in 1830.

AMOS SPAULDING, IOU of Zebulon Spaulding, of Carlisle, graduated at Dartmouth in 1805 and settled, 88 a lawyer, in Andover. As a citizen of tbat town he W88 ali one time a Representative and Senator in the General Court.

JOEL ADAMS, IOn of Timothy Adams, of Carlisle, graduated at H!Ll'Yard in 1805 and W88 admitted to the Middlesex bar In ·September, 1808. He settled in Chelmsford and died in 1864.

ABA GUEN, IOn of Zaccheus Green, of Carlisle,

gradnated at Willi&Dlfl College in 1807 and lettled 88 a lawyer in Brattleborough, Vermont, where he W88 at one time poatmuter.

JOSEPH ADAMS, eon of Rev. Mosea Adams, of Acton, and brother of Josiah Adams, already men­tioned, W88 bom in Acton, ,September 25, 1788,.and graduateil at Harvard in 1803. He settled 88 a law­yer in West Oambridge and died in that town June 10,1814.

ABXEL HEYWOOD, eon of Jonathan Heywood, of Concord, W88 born in Concord, December 9, 1759, and graduated at Harvard in 1781. He studied med­icine with Dr. Spring, of Watertown, and settled in his native town. In 1796 he W88 chosen town clerk and lelectman; in 1802 he W88 appointed special judge of the Court of Common Pleal and W88 an 8880Ciate justice of the Conrt of Selaiona from 1802 to tlte time of the organization of the County Com­miBBioners' Court. He died in Concord in 1889.

JONATHAN FAY wu the eon of Captain Jonathan Fay, of Westboro', and gradnated at Harvard in 1778. He settled. in the law at Concord, where he married Lucy Prescott, and died June 1, 1811, at the age of fifty-nine yean. .

PETER CLARK, IOn of Benjamin Clark, wu bom in Concord and graduated at Harvard in 1777. He settled in the law in Bouthboro' and died in July, 1792, aged'thirty-liz yean.

SILAS LEE, eon of Joseph Lee, of Concord, W88 born in that town July 8, 1760, and graduated at Harvard in 1784. He settled ius a lawyer in what is now Wieca88et, Malne, and in 1800 and 1801 repre­sented the district of Lincoln and Kennebec in the Sixth Congreaa. In Jannary, 1802, he wu appointed district attorney for the district of Maine, and in 1807 judge of probate for the county of Lincoln. He held the offices 'of district attorney and judge until his death, March I, 1814.

JAMES MITCHELL VARNUM W88 born in Dracut in 1749 and graduated at Rhode . Ieland College. Arter his admil!8ion to the bar he settled at East Greenwich, Rhode I81and, and acquired an exten8ive practice. In 1774 he commanded the Kentiah Guards and in Jannary, 1775,. was appointed colonel ot the FiNt Rhode Island Regiment. He WIl8 made brigadier­general February 21.1777, and in the next winter he was at Valley Forge. He was at the battle of Mon­mouth in June, 1778, and in July engaged in General Sullivan'l expedition to Rhode Island. In 1780-82 and 1786-87 he was a member of the old Congr888, and in 1788, having been' appointed jlldge of t.he Su­preme Court in the Northwest Territory, he removed ' to Marietta, where he died, January 10, 1789.

SAMUEL HOAR, of Concord, wu descended from Charles Hoar, sheriff of Gloucester, England,· who died in that city in 1684. His widow, Joanna, came to New England about 1640 with five children, the sixth and oldest child, Thom88, remainhig in Eng­land. Of these five c~ildren, Joanqa married Colonel

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Edmund Qnincy I Margery married a Matthews in byetanden at a Middleeex niri priw term the general England, and in thie country, when a widow, Rev. award that he was the moat sincere and sensible man Henry Flint, of Braintree; Daniel went to England that ever argued caaee at that bar. Nor was thia all. in 1653: Leonard waa president of Harvard College To the measure alao of a greatoeea even to the aur­from September 10, 1672, until bie death, March 16, prise of hie Crienda could he raise his efforta as an 1674-75; and John aettled in Beitunte and renloved advocate when the occaaion called for a full 8lI:hibi­t6 Concord about 1660. The mother died in Brain- Lion of hia clear, Itrong, ·lo,.ical faculty, or excited tree, December 23, 1001. John, who settled in Con- thOll8 genuine emotionl from which apring the foun­cord, by a wife Alice, who died June 5, 1697, had taina of eloquenc .. " It may be atated as an illuetra­Elizabeth, who married Jonathan Preecott; Mary, tion ofthe simple confidence reposed by the people who married Benjamin Graves, and' Daniel, who mar- of Middlel8ll: County in hia opinion and word, that on ried, in 16,(7, Mary Stratton. Daniel had John, one oceaaion, when ajury failing to agree wucalled Leonard, Daniel, Joaeph, Jonathan, Mary, Samuel, into court by the judge, the foreman said that there Isaac, David and Elizabeth. Of these Daniel, Lbe was DO misundentanding of the law OD the evidence, third IOn, married, in 17M, SarabJonea, and had but that they were embarra.ed by the fact thatwhile four IODa--John, Daniel, JODathan and Timothy- the evidence clearly proved the prOOnftr gumy, Mr. and several daughten., Of theee, John married Elia- Hoar had said in hialpeech Cor the defense that he abeth COOUdge, of Watertown, and !as the Ca~her of believed him innocent. Samnel and Leonard, of Lincoln. Of these two IOnl, Mr. Hoar devoted himae1f aimoet 8lI:cluaively to the Samuel married Susanna Pierce and was the C.ther labor oC hie profeB8ion until 1836, when he took hia

, of the lubject of thia .ketch. He lived in Lincoln aeat as a member of the Twenty-Courth Congreu. He and was a lieutenant in the Revolutien, a magiltrate, had, however, prevloDl to that time represented Con­Representative, Senator and a member oC the Conlti- cord in the connntion for the revision of the Conlti­tutional Convention of 1820. . I tution in 1820, and was a member of the State Senate

The lubject of thie sketc-h was born in Lincoln, I in 1826, 'S2and 'SS. In Congreaa helucceeded Edward May 18, 1778, and fitted for college with Rev. Charlea Everett as a Representative from the Middleeex Dis­Steame, oC that town, graduating at Harvard in ] 802. trict. Soon after hil lingle term in Congrl'l8· he After leaving college he "'u two yean a tutor in ~e withdrew from the practice of law, and devoted him­family of Colonel Taylor, of Mount Airy, in Virginia, 'I self to literary and philanthropic punuita. He was and at the clOl8 of his law atudiee with Artemu a memb9r of the Harriaburg Convention, which nom­Ward, in Charleetow.D, was admitted to the bar in ! inated Genenl HarrOOn for the Preeidency in 1889, September, 1805, and settled in Concord. In 1806 and until ten yean later than that time he wu an he declined the office ofthe profel101'Ihip of Mathe- unwavering supporter of the Whig party. maLice at Harvard, ~ving aluady in hie flret year of 'Not long after this time eyeota occurred with which profeBlionallife acquired a very considerable pracLice. Mr. Hoar was peraonally connected, "hich lerved as He roee rapidly to the front rank of lawyen at the ODe of the caUI81 of that upheaval of public BeDti­Middleeex bar,and in almOit aU important caaea in ineat at the North against the ioatitution of slavery the courta oC that county he was counsel on one side which, was deatined to 8lI:tinguilh that inlltitution for­or the other. It hu been aaid of him that .. ao emi- ever. On the 19th of December, 1885, the Legislature nently practical and uleful and 10 much to the point oC South Carolina pueed an act providing that any did he always aim to make himself, that one would free negro or penon of color coming voluntarily jnto not Ipeak of Mr. Hoar as eepecially learned or up- the State ahould be warned to depart, and failing 10

mona or eloquent, .. ve when the preciee condition of to depart, on returning after such warning, should be hil caule needed the 8lI:erciee of sagacity, of penna- publicly sold as a Ilave. Under thie act colored alve Ipeach or the, lupport of learning. He threw stewards, or coolra, or Bailon of veeaeIs eutering South aWI&Y no aerti'ln by mieplaced e(forta, but. what hie Carolina porta were to be aeized and placed in jail, cauee demanded he was Dlually able to furnish, and and tbere confined until the departure of the veuel in few men could judge u well as he by what meanl hie which they had come, and if they failed to depart object would be beat accomplished. No man was with their v888eI8, or if they returned, they were to be more safe· than he &I an advieer; none more fully IOld &I alav... After aeveral remonstranCel made by prepared to meet the varying 8lI:igenci8l0f the forum ; Maaaachusetta againat the treatolent of her citizena no one, whatever hie girt.a of Ipeech, more favorably under thil Act, the I.egielature, in March, 1843, 1)&88-impreaaed ur convincingly addre.ed a jury. Hia ed r8lO1vee anthorizing the Governor to employ an atyle as a apeaker was calm, dignified, simple, direct agent in the port of Charleatol), .. for the purpose oC and unimpaaaioned, but he spoke &lone who was collecting and tn.olmlttiug accurate information re­tint convinced, before he attem.,ted to convince his apecting the number and namee of citizens of M_­tribunal. While he never went below the ·proper chnaetta who have heretofore been, or may be during dignity of time, place and oceaaion, at the .. me time the period of hiB engagement, impriaoned without the he would .Dever fail to receive from all the juriee and allegatioD of any crime. The said agent ahall alao be

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xlvi HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

enabled to .bring and prosecute, with the aid of coun­Bel, one or more suits in behalf· of any citizen that may be 10 imprisoned, at the 8.lI:peoae of MBlll&Chu­setts, for the purpose of having t.he legality of such imprisonment tried and determined upon in the Supreme Court of the United States." On the 16th of March, 1844, another resolve 11'81 patll8d, under which Governor George N. Briggs employed Mr. Hoar on the 11th of October in that year. It is unneces­sary to here rccount the varioua incidents which pre­ceded the enforced return of J,[r. HORr to M8IIachu­Betts. He reached Charleston on the 28th of Novem­ber, and on the 6th of December the LegIslature of South Carolina adopted the following resolutions:

.. BaG,.,.." That tbal'lcht to exclud. from their terrltorlea .... IUG.. peno ... or othere w:b- pre8IInC8 ma,y be dangerob8 t.o thek peace, Ie_ Hntlal to ••• 'Ind.pe ..... nt etatP. .. B--. That rr.e ... ..".. and .,.....118 or color are not Cltl';"l18 or the United Stat. within the ....... Ing or the Oob8t1tuUon, wblcb conran upou the cltl .... or one .tate the prlYilepland Immunltl. or a1tl .. u In tbe 18"1'Il1IatI8.

.. ~ ..... Tha& tbe .m....., Hnt b1 the Slate or ll_huHue to the State of South Oarolllla"wlth ti,e &Yow. purpoH or Interfering wltb ber ID8tItotioDlud dlltnrblng ber peace, Ia to be regarded In the ab .... act.r b. bu -mad, and to be lrMted accordlngl,.

.. ~ ..... Tbat hla Excellonc, the Governor be nqDMled to expel from onr terrllm'J the eald ageut after dna notice to depert ; and tba& the LegIaIa&nre will .aetaln tha execntln utborlt7ln an, __ " _, adopt ror th. pnrpoee ar_Id."

An agent of t.he Governor to carry these resolutions into effect reached Charleston from Columbia, the capital, on the afternoon of Tuesday, the 6t.h· of December; but Mr. Hoar, on the representation of the mayor and aherill' and leading citizens, that. he could not remain with safety, had that morning em­barked on his return. In the attempted performance of the duties of hia million he acted with coolneas, composure, courage and good judgment. He did not fly from the danger, but yielded reluctant.ly to the necesllities of the occaaion,and Governor Briggs stated, in a special meauge to the Legialature, .. that his con­duct under the circumstances seems to have been marked by that prudence, flrmneaa and wisdom which hftl distinguished his character through hia life." In seemiog recogpition of his services and approval of hi a course, the Legialature, in the following Janu­ary, by whom at that time the Executive Council were appointed, choae him one of that body.

In 1848 Mr. Hoar, believing the nomination of Gen­eral Taylor an abandonment by the Whig party of ita opposition to the extension of alavery, joined in the formation of the Free Soil party and presided at a convention at Worcester, June 28, 1848, to which all opposed to nominations of General 1'ay!or and General C811 by the Whig and Democratic parties were invited. A national convention was aRerwards held at Buffalo, and Martin Van Buren and Charles ~'rancis Adams were nominated for President and Vice-President. This ticket waa aupported by Mr. Hoar.

In 1800 Mr. Hoar was choaen Representative to the Legislature, and by his efforts the removal of the

courts from Concord wu postponed fo~ a I68IOn, and largely through 'his influence and speech, Harvard College 11'81 preserved from State Control.

In 1854 and 1866 Mr. Hoar aided conspicuoualy in the formation of the RepUblican party, and the events initiating and attending the birth of that. party were the last in which be publicly engaged. H& died November 2, 1806.

Mr. Hoar married Sarah, daughter of Roger Sher­mau, of Connecticut, October 18, 1812, who died Oc­tober 80, 1866. Their children were: Elizabeth, born July 14, 1814, and died April 7, 1878; Ebenezer Rockwood, born February 21, 1816; Sarah Sherman, boro November 9,1817; Samuel Johnson, bom Feb­ruary 4,1820, and died January 18, 1821; Edward Sher­~an, born DeCember 22, 1828; and George Frisbie, born Auguat 29, 1826 .

ARTEMAS W AIlD was the son of General Artemas' Ward, of Shrewsbury, MBlll&Chuaetti, who 11'81 the commander-in-chief of the Muaachuaetts forces at the beginning of the Revolution~ry War, and after- . warda fil'lt meJot-general under General Wuhing­ton. General Ward held other important offices, bot.h before Ilnd after the Revolution, and wu known 81 a man of high principle and inflexible Integrity. On the maternal side, Artemas Ward traced his ancestry to Dr. Increase Matber. He was born at Shrewsbury January 9; 1762. He graduated at Harvard College in 1788.

After finishing his law atudies he began the prac­tice of his profeaaion in Weston, Maaaachusetts, where he became known and respected, both 81 a lawyer and a citizen. He was active in town all'ail'l, being representative in the General Court in 1796, 1797, 1798,1799 and 1800, !lnd holding other town offices. He was captain of a company of light infantry railed in Middlesex County, from September 7, 1789, to March 81, 1798, when his reAlgnation of his command was act'epted.

In 1800 when his brother-in-law, Samuel Dexter, the eminent lawyer, who held high offices under tbe National Government, le~ Charlestown, to attend to his dDtiell in Washington, Artemas Ward removed to Charlestowu to take the place of Mr. Dexter. He was a member of the. Executive Council in 1808, 1804, 1805, 1808 and 1809.

In 1810 he became a citizen of Boston, where he re­aided until his death.

In 1811 he WIiB one of the representatives from Boston itl the General Court. He represented the Doaton district in t.he Thirteenth and the l"ourteenth Congreaa (from March, 1818, to March, 1817), declin­ing a rlj-election at the end of his second term. He was a member of the State Senate, from Suffolk County, in 1818 and 1819, and of the convention to revise the Constitution of MBlll&Chuaetts in 1820.

In 1819 he became judge of the Boston Court of Common Pleas, and upon the abolition of this tribu­nal and the establishment of the Court of Common

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BENCH AND BAR. xlvii

Pleu for the Commonwealth, in 1821, he wu ap­pointed chief justice of the lut·named court. Thil poslt.ion he retained unt.il 1889, when he resigned.

At the height of hil practice he wu invited to ac­cept a seat on the bench of the Supreme J!1dicial Court, but declined for domest.ic reaaonL

He wu a member of the Bolrd of Overseers of Harvard College from 1810 to 1844, and. received the degree of LL.D. from the coJlege in 1842.

He married Catharine Maria Duter, January 14, 1788. Mia Des:ter wu the daughter of Hon. Samuel Dexter, then a resident of Weston, and silter of Sam­uel Duter, the diltinguilhed lawyer. There were seven children of this marriage, of whom the lut lurvivor died in 1881.

During the Jut few years of hil life he was in fee­ble health, and seldom lef\ his house. He died Octo­ber 7,1847 •.

Such are the facta which have been found u to the life of Artemu Ward, gathered mOltly from the rec­ordl of his time. They tell UI little of the Teal man, u he appeared t~ those among whom he lived, and who took part with him in the action of hil day­though from the number of responlible offices to which he wu called, it may be inferred that he Ihowed himself faithful in the performance of duty, and had tbe respect and eateem af the communi t1.

The present writer cannot hope to lupply the defi­ciencies in this narrative, 10. as to give a true repre­sentation of Artemu Ward u he wu. There seem to be no IOUl'C4!8 from which the neceaeary information can be procured. He leA no writing of hi, own which may be ref,rred to for the purpOl8, nor hu much been written of him by others. His generation h .. pUled away, and none who can properly be caJled hie con­temporaries are leA to tell of him. His children, who remembered him with warm love and a feeling which W88 almost reverence, are gone. Hil descendants DOlV li\'ing knew him only u one who had already en­tered upon the· period of old ago. But IOmething may be added to make the account 18l1li imperfect.

. He W88 a man of lOUd and lubataat.ial qualities­with no taste for osten&at.ion or display. AI a lawyer he devoted himself to hll prof8llion; u a judge, to the duties of hil position; in the varioul elective of­fices which' he filled, he did the work that wu to be done. In Congreu he spoke lometimes, but not often.

He wu not a politiciau in the usual sense of t.he word. Yet he held decided polit.ical opinionl, Iym­pathhing with the old Federal part.y till ita diaaolu­tion and af\erwarda with the Whig party. He had much anti .. lavery feeling, being interested in the cause in its earlier days, before it had grown popular and its adYocates had become a political power.

It has been uid of him: "If we Ihould select. any one traU u particularly distinguilhing him, by the uniyenat consent of those who best and those who leut knew him, it. wouleJ be his influible regard to justice. • • •

,e Of his keen and resolnte lense of justice others may Ipeak besides his prof8lllional companionl. It wu seen in ot.her relationl than t.hose which he IUS­tained toWardl the legal interests of t.he Common­wealth. It wu manifested In hil political course. Conscientiously attachP-d to one of the two great parties which then divided the nation, he gave a firm lupport to the meuures which he thought right, and 88 Itrenuoully resilted those which he deemed wrong. In his more privateconnectionl he IholVed the lame unlwerving purpose of rectitude, the lame disapprobation of whatever w .. falae or mean, the lame reverenee for the right." I

The estim&tion' in whhlh he wu held by those knowing him and practicing in bit court, will appear from t.he prooeedill~ at a meet.ing of the Suffolk Bar, held Oct. 8, 1847, the day af\er bis decease.

HOD. Richard }<'letcbet', in offering reaolutiolll at the meeting, lpoke thus :

cc The deeeaae of the late Ohief Justice Ward is an event which mUll. be deeply felt by the members of this bar, and I presume there can be but one feeling and one sentiment .. to the propriety of our offering lome public testimonial of our respect for his memory. He had reached an advanced age, and his long life bad been usefully and honorably lpent. AI a man, in all the relationl of domest.ic and aocial life, he lUI­wned a most 8lI:emplary and eleyated character. AI a member of our uat.ional Legillature, his duties were faithfully and ably performed. AI a lawyer he acquired and maintained a high rank. But U il in his judicial character tbat he il most known and more particularly remembered by the present mem-bers of the bar. .

.. He came to the bench al Chief Justice of the Court of Common Pleas, uuaer ita present organ­ization io 1821. It will, I presume, be universally admitted that be wu eminently quali6ed for the duties of that office. Be had a matured and estab­lisbed character. He had ample ltore of legal learn­ing and habits of buain811 admirably adapted·to the great amount of detaill in the blilin .. of his court. He had greai patience and equanimity of temper­qualities of great value in any ltatlon of life, but 8I88ntial to a judge. His conduct on the bench w· .. marked by uniform courtesy and kiildneu-crowning qualities of any judge of any court, wIthout which any judge of any court must lose most of his dignity and much of hil uaefuln .. !'

Among the resolut.ionl adopted at the meetilig were ihe following :

.. Ruotved, That thil bar would honor his memory, 88 well for his great worth u a man, u for the distin­guished ability, learning, integrity, patience and fidelity with whicb, for a 10llg course of years, he disch;arged the important duti .. of hil judicial Ita­tion.

18ermoa b7 Be., ... L Gull8&&, prMChed ~ IT,18IT.

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xlviii . HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

"Buolw, That the members of this bar hold in is dated .e fourth month, 1677." The opening para­grateful remembrance the courtesy and kindn888 graph reads as followl : which on the banch he uniformly extended to them in "The will and las~ testament of Edmond Neoadham, the performance of t.heir profeBIIlonal labors." of Lyn, In New England being, bl888ed be God, in hll

EPIlUAU( WOOD wu descended .from William l18rfect knowladge, memory, and understanding, tho' Wood, who settled in Concord in 1638. William otherwise ill in body mak ye writin by min on hand, Wood died May 14, 1671, at the age oC eigMy-nine r.nd according to min on mind, to my children and yearll,leaviug a lon, Michael. and a daughter, Ruth, grandchildre~ al followl:" t.he wife of Thomal Wheeler. Michael died May 18, He len two Ion., of which Ezekiel was the elder; 1674, having had Abraham, Isaac, ThomBOn, Jacob, Edmond Ndedham (2d) was born In 1679 or 1680, .Tohn and Abigail, who married Stephen Hoemer. Of and wu married March 15, 1702. Hil family record. these, Jacob married )Iary Wheeler in 1697, and died like thOle of the maJority oCthe Friends, exhibit. the October 6,1728, havinJl: had Jacob, Marr, Ephraim, priDcipallines of descent, but is extremely deficient Dorcas, Hannah and Millicent. Of these, Ephraim in minor particulara, and Caill to indicate the time of married Miry BU88, and wu the Cather of Ephraim, his birth. Daniel Needham, bom December 5,1708, the aubject of thil sketch. The lut Ephraim wu wu the Cather of Daniel Needham, who was born born in Concord, August I, 1733, and died in Concord, in 1754. He wu a merchant by occupation April 8, 1814. He learned the trade of Ihoemaker, and engaged in trade with Philadelphia. The but rapidly advanced both in Iqcial and political life. Ramee of hil wife ~nd the date of hill death are alike He was chosen town clerk in 1771, selectman, .. eaaor unknown. His IOn James, born January 1,1789, in and overaeer of the poor, and served in these officea Salem, was a tobacco manufacturer, and largely inter­manyyear&. He WIUI one oC the judgel of the Court ested in trade in South America. Hil moral con vic­of Common Pleas under the Constitution, and in tiona and humane iympathiea wero Cully enliBted in varloua waya rendered important aervlcea to the com- t.he great'&nti·llavery agitation. The temperance ra­munity. Corm alao found in him a wise and Itrong exponent.

JAMES TSlolpr..B, IOn of Benjamin Temple, WR8 born He married Lydia, daugbter of Benjamin Breed, of in Concord, September 20, 1766, and graduated at Lynn, who wu born January 26, 1795, and who be­Dartmouth in 1794. He taught the grammar achool came the mother of hil five children. He died in in Concord in 1795 and 1796, and read law with Jon- 1846. athan Fay, of that town. He aettled in the Ir.w at Daniel, the lubject. of thil lketch, the IOn of Cambridge, and died M;arch 10, 1802. . James and Lydia Needham, was educated in the cel·

WILLIAU CROSBY wu born in Billerica, June 3, ebrated Friend'l School, at Providence, Rhode Island. 1770, and ,raduated at Haryard in 1794. He read In 1845 he began the.ltudy of law in t~e office of law with Samuel Dana, of Groton. and aettled in Bel· Judge David Roberta. at Salem, and wu admit.ted to fut, llaine, where he died Marcb 81, 1852. the bar of Middleaex County in 1847. Prior to hil

EPHRAIM BUTl'RICK, Ion of Samuel Buttric1c, of qualificationl for legal practice, Mr. Needham had Concord, waa !Jurn in tbat town about 1799 and grad- been deeply intereated in the Peterborough and Shir­uated at Harvard in 1819. He wu admitted to the ley Railroad, and, although quite young, bad been Middleae:& bar in 1823 and lettled in Eut Cambridge. made one of t.he board of directon. While officiating

JOllN MILTON CHENBY, IOn oC Hezeklah Cheney,. in thil capacity bil moral principles·were lIubjected to oC Concord, waa born about 1801 and graduated at the leverest Itrain; but they reaolutely bore the teat, Harvard iu 1821. He lettled u a lawyer in Concord, and thua demonltrated the real excellence of the mao. and was appointed cashier of the Concord Bank in It had seemed a matter of nec888Uy that the Board of April, 1882. He did in 1869. Directora Ihould endorse the paper of the corporation

HORATIO CoOK MBRRIAM, born in Concord, grad- to tbe amount of $42,000. When theobligationl ma­uated at Harvard in 1829, and settled in the law at tured, other direotora put their property ont of their Lowell. handl. Mr. Needham took a wbolly different course.

DANIEL NBBDHAM WR8 born in Salem, Maaaachu· As it. wa, there was a probability of Ilccumulating the setta, May 24, 1822. The brancb of the Needham fundI 'hus forfeited, but in ca88 of practical repudi­Camily to which he belongs hu for several generations ation there wal no pOBBibility of expunging the stain coulilltently adhered to 'be doctrine and uaagea of the from hil reputation. He thereCore gave up his prop­Society oC Friend.. erty to t.he value of 135,000, obtained an extenlion of

Edmond Needham, the first American ancestor on time for the payment of the remainderof the debt and hil father'1 lide, arrived in this country between the continued to prosecute his bUlineaa. He aecured Crom years 1635 and 1640. The date of bia birth, the name tbe New Hamplhire Legillature authority to iaaue of hil birthplace in England and the date oC hi. cOnltmction bond.. Theae he IOld in the market on death are not known. IIis Corce oC character and auch favorable term. that hiB ultimate lOll was 1888 godllneaa oC life were well known to hil contempo- thau '2000. The clear galn was an untarniahed name, rarles. and impreaaed themselvea upon hia will, which whicb the bighestauthority aftirma to be of more value

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BENCH AND BAR. xlix

than .. great riches." Thus in his twenty·sixth year Democratic candidate Cor Congrees in the Se,'enth the communi":y held the key to the Cuture of his lIuaachusettil District, but W88 defeated by his Q1'eer, wbich, from his knownrecmude anddeciaion, . Know·Nothing competitor. In 1856 Col. Needham could not be other than honorable and beneficent. purchased a large farm in Vermont and changed hia Fully prepared II he W88 Cor the purauita of a legal reaidenea from MB8II.Chuaetta to that Slate. In 1857 practitionel, Mr. Needham prosecuted them to a lim- he was elected to tbe Vermont leglalatore Crom the ited extent. town of Hartford. In 1858 he was re-elected to the

Interesting himaelf in agriculturt', he lIucceufially lame·position. Serving on the Committee on Educa· conducted the management of aeveral farma-one tion, he 1111' the nece8lity of a Reform School and at Hartrord, Vermont; one at Dover, Delaware; earnest1:y advocated ita foundation. Succeu W81 de­one at Prairie du Sac, Wiaconain, and othen in M8I- layed, but W8I ultimately attained, aud largely lachuaetts. This continued Cor several yean. In' through his eft'urta. In 1859 and 1860 he represented 1857, iu aaaociatioD witb othera, he eJ'8Ctl)d a woolen· Windsor County iil the Vermon~ State Senate, and 11'81 mill at Montello, Wisconsin. He alao bought a a member of the Senate a' the special 3818ion of 1861. graln-min aituated on the lame atream, on hia own From 1857 to 1868 'he rendered valuable aervice to account.. In 1866 he purchaaed the interests of hia Vermont 81 the aecretary oC the State Agricultural partnera in the woolen-mill and became ita aole pro- Society. In the last oC these yearl he represented prietor. The buaine. of both.milla 11'81 then carried Vermont at the World'a Expoeition of Industry and on by him' nntH 1872. Both enterprises had been Art in the city of Hamburg. There he aecured for financially profitable. • In 1866 Mr. Needham was hia State the fiNt prizes Cor excellence of exhibited one oC three gentlemen who aucceufully introduced Merino sheep. European competitora were at fiNt in­the "hand fire extinguiaherJl into the United States. eli ned to be indignant at his suooeaa, but fiDally He W81 theirat preaideDt of the company organized' acknowledged that it W8I merited. In America hia for ita manufact.ure. A 'French iD"Y8ntion originally, it eervicea received due meed of applauae and are lltill 11'81 improved in lIevenl important respects, and com- held in pleasant memory. manded a lucrative aale. Requested by the United Statee Government to pre-

He 11'88 appointed national bank examiner CCir pare a report of the Exposition, he mpQnded to the lIlIIIIIChull8tts in 1871, an o16ce which he held from. demand, and the result of hia m_ion to Germany ill 1871 to 1886. One hundred and eigbt.y-five national given to the couutry in the Patent Office Report of banD were in hia charge, and all of these, with two 1863. exceptiona, were located in M .. achuaetta. During Colonel Needham returned to the United Statee in his term of offic;e more official defalcationll were 1864, and re-etltablillhed hilD8elf in hia Cormer home brought to light than in the united terma of all other in Muaachul8tta. Elected to the lower house of the national bank examinel'l. The fil'lt of th8lf! 11'81 at lAgilllature from Groton in 1867,he llerved on I18veral. the Lechmere National Bank, in 1878. Then Col- important committeell of that body. In 1868 and lowed in qnick aucceesion notably thOll8 conected 1869 he 11'81 returned to the Maaac:huaetta State Sen­with the Merchants' National Bank, of Lowell, the ate. Aa chairman of the committee charged with Hingham National Bank, oC Hingham, the Firat the duty of investigating the aft"aira of the' Hartford N:ational Bank, of New Bedford, and the Pacific Na· and Erie Railroad, whoae managen wiahed to obtain tional Bank, of Boaton; ~ore than a year before the aid from the S.tate, he made a thorough examination collapee of the 18lt-named iDlltitotion he called atten- of its organization, busin81111 and pr08pecta; 11'81 tion to the reckl81111 manner in· which its busineaa chairman of the committee appointed to inquire into 11'81 done; but warning and advice were both un· the adviaability of permitting the BOlton and Albany heeded. The crash followed, and the bank itll8lf Railroad Compan:y to i.ue atock to IltockholderL On Clme officially into Mr. N eedham'lI handa OD the 18th the quelltion of granting authority to towns to lIub­of November, 1881. Carefully husbanding ita re- acribe for lltock in aid of certain railroada, he voted IOUrcea and adjuaLing itl numerous complications, he with the minority. Subaequently, eventa vindicated partially reconlltructed its organisation, and by direc- the wisdom of hill action. tion of the Government returned it to the hands of Colonel Needham W81 elected IleCretary of the New the directora; but owing to many of its Mll8t1 provo England. Agricultural Sociaty, at ita organization in ing worthl8llll, it again puaed into the hands of a 1866, and has linea lIustained that position. Singu. receiver. larIy emcient in the exercise of his functiona, hie real

In political life Hr. Needham'a experience h88 zeal and abiliti~ have been among the principal fae· been wide and various. In 1851 he W88 appoioted tora of ita suooeaa. This 1I0cietyhas held agricultural to an official position on Governor Boutwell's ataft; faira in all the New England States, and that with full with the rank and title of colonel. In 1853 he auc- IIhare of public patronage and with exceptional pecu­ceeded C ... leb Cushing &II chairman of ~e Democratic Diary aUOO888. At times responaible for the expenlles State Committee and diacharged hill duties with great incurred, he h81 IIkillful1:y conducted alfaira 10 &II to executive ability until 18M. In 1854 he 11'88 the 8llcape tinanciaIlolII. , .

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1 HISTORY OF MIDDLESEX COUNTY,.MASSA.CHUSETTS.

As one of the moat enlightened and practical citi­uns of the grand old Commonwealth. of Maaaachu­lettl, he iIIneceuarily interested in popular education. For twenty yean he haa been chairman of the Groton Bc:hool Committee. He wu allO treaurer of the town in the yean 1858 and 1854.

From hiB earliest manhood Colonel Needham baa been an eloquent apeaker and a popnlar lecturer. When lyceuma were moat in vogue, hia aeniees were in frequent request. and hiB income fromelfective re­aponae quite conaiderable. He la a trustee of the MBI:!88chuaetta State College, and. ia preaident of the Board of Truateea of the Lawrence Academy; he hu been several yean president of the Middletex North Conference, and is connected with many Inancial and eleemOlynary boarde u alllOCiate director or truatee.

Hehaa delivered numerous addreaaea on different aubjecta to varioUl organizationa, and enjoya the rep­utat.ion of a ·plewng and iDlitructive speaker. Among hiB moat widely circulated addreaaes, are one on the ." Evolution of Labor." one on "St.rikes, their Cause and Remedy," and one on "Ger~any,"· before the Vermont Agricultural Society. He allO delivered two orations during the three daya' a8llllion of" New England at the Centennial Exhibition of 1876, at Philadelphia;" one of these wu on the" Position of New England at the Centennial;" the other upon the "Growth and Development of ATt in America"-both of which were 'printed in pamphlet form and had a wide distribution.

The life of Colonel Needham i. a model of useful industry. Two States have aerved themselves, while honoring him, by electiona to both. branches of their Legislatures.. Such a distinction ia rare, and iB fruit· ful of suggestion. Whether farmer, mauufacturer, legialator, lecturer or bank examiner, he hu been fully equal to all hia relationa and opportunities. Not 1818 honnt and upright in all hia dealings than fearleaa in the execution of duty, and versatile in poiut of talent, he ia ever" the right man in the right place." . . . Colouel Needham hu viaited Europe three times­

twice on bUline. and once for recreation. He hu traveled extenaively in hia own count.ry, baving been in Californ ia and throughout the Republic of Mexico.

Colonel Needham wu married on the 15th of July, 1842, to Caroline A., daughter of Benjamin Hall, of Boston. Mr. Hall wu the. I rat importer of ready­made clothing from Europe, aud while engaged in that busineaa wu involved in serious disagreement with the government officiala. Daniel Webateracted aa hia counsel at the trial, and brought Mr. Hall vic-torioualy through it. \ . Two IOns and two daughters constituted the fruit of Colone! Needham's firatmarriage; only oue of Lhem is now living. Mrs. Needham died on the 80th of June, 1878. On the 6th of October, 1880, he wu mar­lied to Ellen M. Brigham, of Groton, by whom he hu two children-Marion Brigham and Alice Emily.

Colonel Needham'a IOn, William Chauncy Hall Needham, died at Colnmbus, Ohio,oo the 11th day of January, 1882-while a member of the Ohio Sen­ate-aged thirtY-lix yean. He was a gradnate of the Norwich Uoiveraity; atudied medicine in the Medical Department of Harvard University, where he took the degree of M.D.; wu lubsequently city physician of Gallipolis, Ohio, and wu elected one of Ohio's thirty­one Senators at the electioo 01 1881. He wu a man universally respected and beloved, leaving at hiB death a widow and t.wo children-one IOn and one daughter.

. Col9nel Needham'a mother, at the age.of ninety­five, iB still living io. the eojoyment of health and aU her faculties.

BU.TA.llIN KINSMAN PHELPS wu born in Haver­hill Sept. 16, 1882, and wu the IOn of Rev. Dudley and Aoo (Kinaman) Phelps. He removed with hil father to Groton in 1881, and, fitting for college at the Groton Academy, graduated at Yale in 1858. He read Jaw with Benjamin M. Farley, of Hollis, N H., and removed to 1f ew York.· From 1866 to 1870 he wu usistant diltrict attorney of the Southern Dis­t.rict of New York, and in 1872 and 1875 was chosen district attomey for the city and county of New York.

EUGENE FuLLER, bom In Cambridge 'May 14, 1815, graduated at Harvard in 1884, read law with George F. Farley, of Groton, and wu drowned. at sea June 21, 1859.

J OBN LoCKB wu descended from William Locke, who died. in Wobum in 1720. He wu bom in Hop­kinton Feb. 14, 1764, and graduated at Hanard in 1792. He read law with Timothy Bigelow in Groton, and lettled in Ashby. At one time he wu a member of Congress, a member of the Conatitutional Con­vention of 1820, and died in Boston March 29, 1855.

GEORGE MORBY wu born in Walpole June 12, 1789, and graduated at Harvard in 1811. He read law with Luther Lawn-nee at Groton, and in the later yean of hia life waa well known in Boston u an acti\"e and prominent member of the Whig party • He was at VariODB times a member of both branches or the General Court, and a member of the Executive Council. He never, however, lOugbt office for himself, but, proud of his State and city, he wu always anxious to see tbem well governed, and uoselfishly exerted all hil influence in t.he selection of the best men for places of trust.

GEORGB SBW ALL BOUTWBLL wu bom in Brook­line, M .... , Jan. 28,1818, and worked, when a boy, on a flum. He wu engBgfld in mercantile pursuita many yeal'J. He kept a country store In Groton, and, on the death of Henry Woods, Jan. 12, 1841, he wu appointed by President VanBuren postmuter of that town, holding the office until April 15, 1841, when he wu displaced by the new Whig administra­tion, and Caleb Butler wu appointed. Somewhat. Jater he abandoned busin811 for the study of law, and from 1842 to ~850 he WUIl member of the Legilla-

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ture from Groton. In 1851-52 he was Governor of With the appetito for learning born in him, he could MR8I&Chuaetta, and in the first year of his I18rvice re- no more fail to rise than boYII of another c18l8, with ceived the degree of Doctor of Laws from Harvard. inborn proclivitit's which they were unable to resist In 1853 he ~as a member of the Cunstitutional Con- and overcome, were sure to faU. There is as much V8ntion •. Previous, however, to his election as gov- difference between various Corm. oC huma, nature .. ernor heaerved as bank commiasioner by appointment between the stone and the Ceather.Both obey th" of the State executive. Between the years' 1858 and laws of nature, and common charity should . lead us 1862 he served five years 88 secretary of the Board of to reflect that oftentimes he who falls makes a greater Education, aud a term of six years as an overaeer of effort to resist; the law of gravitation than he who Harvard College. He wu the fiNt commissioner of riseS in yielding to his uplifting law. He attended internal revenues, serving from July,I862, to Mareh, t.he cOmmon schools of his native tqWD, and while a 1868, and from 1868 to 1869 was a member of Con- young man edited a newspaper there, imd afterwards greaa. From March, 1869, to March, 1878, he was iii Lowell. After studying law he entered into poli­Secretary of the Treasury, having, before hia accea- tics and baa been almost continuously in public lift'. aion to that office, been one of the managers of the Under the administration of President Polk he held impeachm4!nt trial of President Johnson, in 1868. a position in the Boston custom-houae, and in 1849 On the reaignation of Henry Wilson as United States was a member of the Houae of Representatives, hold­Senator to ~e the office of Vice-President of the ing his seat in 1850, 1851 and 1852,and during the United States, to which he was chOll8n in 1872, Mr. last t.wo years the Speaker of that body. For the Boutwell was chosen to fill his place, and I18rved from duties of ~peaker he pOtl8el8ed peculiar qualificat.ionll. 1818 to 1877. Since 1877 Mr. Boutwell has devoted He had a command.ing presence, a good voice with a himll8lf to his profeaaional buainell. Hie home is clear and sharp enUnciation, a promptitude of de­still at Groton, but he has a law-office in Boston and c;"ion, a clear braiu-which made him an almost ideal one in 'Washington, aud in the latter place is largely presiding officer. The writer has seen in the chair of occupied with impo~tant buahieea, both in committees the Houae every Speaker since 1888; including Bobert of Congreas aud before the Supreme Court. . C. Winthrop, George, Ashmun, Thomas Kinnieut,

HBNRY H. FuLLBR, the foOn of Rev. Timothy Daniel P. King, Samuel H. Walley, Ebenezer Brad­Fuller, of Princeton, and brother of Elieha, William bury, Francis B. Crownin.hield, Ensign H. Kellogg, W. and Timothy FI,lUer, already mentioned, was Nathaniel P. Banb, George Bllas, Otis P.Lord, Daniel born in Princeton in 1790, and graduated 'at Harvard C. Eddy, Charles A. Phelps, Julius Rockwell, John in 1811. He read law in Litchfield, Vermont, with A. Goodwin, Alexander H. Bullock, James M. Stone, Chief Justice Reeve and Judge Gould, and also .in Harvey Jewell, John E. Sanford, John D. LOng, Levi Boston. He wu admitted to the Suffolk bar in 1815, C. Wade, Charles J: Noyes, George A.. Marden, John where he practiced many years. He died in Concord, Q . .A.. Brackett and William E. Barrett, and he rem em­September 15, 1858.. o#{ , ben none whOll8 administration on the Whole wu so

JOHN FARWELL graduated u Harvard in 1808 .. and brilliant u. ~at of Mr. Banb. The terse, crisp and read law with Aaahel Stearns. He I18tt.led In Tyoga- well-pronounced meLhod of putting questions to the boro' and there died November 19, 1852. House, the thorough knowledge of parliamentary law

ANSON BURLINGAMB was born in New Berlin, exhibited in the progress of debate, the dramatic Chenaugo Couuty, New Yotk, November 14, 1822. manner .with which the whole bwdneaa of Speaker He was educated at the Branch University, Michigan, W88 conducted,-'iDade' an impreuion on the writer's aud read law at the HarVard Law School. He lived mind which has never been effaced. He believed, in Cambridge for a time, and married a daughter of with every good parliamentarian, that in a large ma­Hon. Isaac Livermore, of that town. He was a Sen~ jority of questions of order a prompt ruling would be ator In 1852; a member of the Constitutional Conven- unh·eraally acceptable without a question of ita ab­tion in 1858; a member of the Ezecutive Council in solute technical correctness. He never hesitated in 1858; and member of Congreas from 1856 to 1861. deciding a point of order on the spot, for he W88 well He was appointed Minister.to Austria by President aware that a ruling poetponed until the following day Lincoln in 1861, and was Minister to China from would give others as well as himself an opportunity 1861 to 1867, andfroin 1867 to his death in St. Petera- to ezamine the qnestion and would be leas likely to burg, February 23, 1870, he was in the confidential be accepted as correct, than a ruling made u the employment of tile ChineeeGovemment. moment in th~heat and smoke of debate. . NATHANIBL PBBNTI88 BANKS w .. born of poor In 1858 Mr. Banks was a member of the convention parents in Waltham, J auuary 80, 1816. When a boy for the revision of the Constitution, and was chOll8n he worked in a factory, and in political sketches of ita preaident •. He was a member' of the Thirty-third, hii life he has been called the" bobbiu boy." He Thirty-fourth alid Thirty-fifth Congresses, from 1858 was one of those bo,/1 whom all of na have Hen, to to 1858 inclnaive, and in 1855 and 1856 wu the Speaker whom boob seemed to be a natural foqd and the ouly I of the Houae. The contest which resulted in his food "bich aasimilated and nourished the system. election was more protracted than any-before ot since,

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Iii HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

and the dilcretlon. coolneu and judgment which characterized him during ita continuance, gave him a national reputaLion which hia lubeequent· career in the c)Jair onlyl8rved to enhance. In the autumn of ]867 he W81 chOBenby the Republican party GoverDor

. of Muaachuaetta, and on the lat of January. 1858, reaigned hiB Bitat in Congreu to 8I8ume ofBce. AI Governor he fully met the expectaLioDl of the com­munity in the performauce of hiB official dutiea, while an addreu which 81 Governor he W81 called npon to deliver at the dedication of Agulia HUl8um, gave him a renown 81 a acholar, for which the literary world had not been prepared.

After leaving the Gabernatoral chair he W81 made presideDt of the IlliDoia Central Railroad, and occu­"pied that pOilition when the War of the Rebellion broke out. He at ODce 01l"ered hia I8rvicea to the President and received a commiNion as major-general ofvolunteera, dated Hay 16, ]861. He W81 lOOn after appointed to command the AnDapolia Military DiB­trict, and aubsequently that of the Shenandoah. No man had at thia Lime a clearer concepLion of the char­acter of the war in which. the nation had engaged, and of ita probable duration. In Hay, 1861, about the Lime of hiBappointment to the AnDapoliB Dia­tricit, the writer, then on a tour of lurvey among H ... IAchuaettl men in the field by order of Governor An­drew, met General Banka at. Fort MeReDry, near Balti­more, where General DevaDl, then a major, was ata­tioned in command or a W orceater battalion. General Banb rode from the fort to Baltimore with him, and expreued hil belief that the call for troope, which then had heen made, wal wholly inadequate for a Btruggle which he confidently expected would 18lt at leut four yean. On the 24th of May, 1862, he W81 attacked in the Shenandoah by Stonewall JacklOn and compelled to retreat. In the batt.le of Cedar 'Mountain, Auguat. 9, ]862. he commanded a corpa under General Pope, and in December of that year IUcceeded General Butler 81 Commander of the D .. partment of LouiBiana. He took Ope1ouaaa in April, 1863; Alexandria in May; and Port Hudaon on the 8th of Jnly. In March, 18M, he commanded an ex­pedit.ion to the Red River, the reaulta of which were not fortunate. In May, ISM, he W81 relieved from command. Like other civilian generala in the war, it ia probable that he failed to receive from ofBcen of a military education that cordial co-operatlon and IUp­port which are ell8ntial to IUCCeas in operationl in the field. He came out of the war with a reputation for honeaty, fidelity, patriotiam and courage, and for ability as a IOldier fully up to the atandard which it 'might have been expected that a man without mill­·tary experience would reach.

In 1866 General Banks was chOllen member of Congreaa again to the Thirty-ninth Congreas, for the unexpired term of D. W.Gavit, and W81 re-elected to the Fortieth, Forty-fint, Forty-second, Forty-fourth and Forty-fifth Congreaiea, and, Harch 11, 1879., waa

appointed United Staa manhal, serring until April 28, 1888. In the autumn of 1888 he waa chOllen again to Congreae-to the Fifty-flnt Congreae-and iB now I8mng in that capacity. , . _

JOSEPH WILLARD" IOn of Rev. Joseph Willard, preddent of Harvard College from 1781 to his death, in 1804, wu bom in Cambridge March 14, 1798, and graduated at Harvard in 1816. He I8ttled in the law in Cambridge, but removed to BOlton in 1829. From 1889 uDtil 1866 he W8I clerk of the CommoD PI ... Court for Su1l"0lk, and in that year he.was appointed clerk of the Superior Court (or the county of Su1l"01k. When that court waa abolWled, in 1859, he W8I

chOll8D clerk of the Superior Collrt of the Common­wealth (or the count.y of Su1folk, and ao continued until hia death, May 12, 1866. From 1829 to 1864 he W81 the coneaponding aeeretary of the H888aChDletta Hi.torical Society, and in 1826 publialhed a history of the toWD of Lancaater, and in 1858 the life of Simon Willard. Kia IOD,. Morgan Sidney Willard, W81 killed at Fredericksburg, December 13, 1862.

GEORGE F. FARLBY.-It Ie alwaYI a difficlllt, if not impGllllible, talk to portray the qualitiea and char­acteriatica of an eminent man in a memoir or in hi,­tory 80 that he will be seen, known and judged by pOIIterity 81 by hil contemporariet. In thle regard the painter baa the decid~d advantage over the biog­rapher and the hiBtorian, fo~ the painter, when poring over the face of a man, divinely, through all hin­drance, finds the man bebind it, and 10 painta him that hia face, the .hape and color of a life and lOul, Uvea for hia children, ever at ita beat and fullest.

In attempting to write a juat, accurate and tull biographical Iketch of the late George Frederick Farley, the writer ia convinced of the impouibiUty of 'performing thie t.aak with any meuure of eatiafaction to himself or of juatice to ita dlmnguiBhed lubject.

He W81 the IOn of Benjamin and Lucy (Fletcher) Farley, and W81 bom in Dilnatable. in the Common­wealth of Muaachuaetta, April6,1793,llnd graduated

. at Harvard College In 1816. He read law in the office of hi I brothill', Hon. B. M. Farley, of Hollia, in the State of New Hampehire, and Hon. Lut.her Lawrence, of Groton, in said Commonwealth. He waa admitted to the bar and commenced the practice of hi. profeeaion at N:ew Ipawich in 1821. In the year 1881 he W81 a member of the New Hamp.hire General Court from New Ipawich, and in the lame year removed to Gro­ton, in the Commol,lwealth of MUlAchuaetta, where he practiced hiB profeaaion until hiB death, November 8,1856. .

He inherited a atrong conltitution, and alwaYI en­joyed vigoroul health. He pOIII8I8ed a gigantic in­tellect, but it waa 8IIOciated with the flneat emotion. and the moat genial feellnga. He W81 .. rich in eav­ing common .enl8 and in hie. limpllcity absolute."

He had no diapoaition to enter into political life nor any ambit.lon (or ita laurel ...

He gave hi. IOle and undivided attention. to the

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BENOH AND BAR. liii

practice of his profeesion, which he dearly loved, and which was .the fit l!8Da for the exercise and display or his ma"eious powen. He met without fear the gr_eat lawyers of his day in New Hampshire and in Mueachusetla-Weblter, Huon,.DextM and othen -and always held his own •. This fact is a concll18ive test and proof of his extraordinary ability as a law-yer and 8dvocate. . .

I:l a conversation with Mr. Webster in tbe last year of his life, he used the following language iD. ,peak­ing of Mr. Farley: "I know him well-we have meuured 'lancee together. He is a very great law­yer." In his brief practice in New Hampshire he attained nry high distinction, and was retained in its moet Important call18l, and encountered ita mOlt emi­nent lawyen.

Upon his removal to Ma •• chuaetts he.quickly dis­covered, by .,Is retainer in causes of magnitUde in Hiddl8lex, Worcester, Essex and 8nft'01k Counti .. , that hie fame as a lawyer and advocate h8d preceded him.

Among theae C&18I was ODe wheD the late eminent lawyer, Samuel Man~, wu his junior couasel-the fa­mons" Convent case," as it was called-where a large . number of men we ... indicted for the alleged burning of the convent. It WAI one of the moet celebrated cas .. in the history of triala In Huaachul8tts.

Mr. Farley defended all of the defendants, and with such consummAte skill and .ability that all or his clients were acquitted. " • In this case the Lady8uperior took the srand as a witnen for the Government, aWred in a thick veil, .which completely concealed her face. Hr. Farley .requ .. ted her to raise her veU. The Lady 8uperior refused. Hr. Farley 8ddreaied the. Court, demand­ing that the witn .. , shonld ut\ her veil, because. he claimed, that his cllent. had the coDBtitutional right :to look upon the witn ..... agaiDlt them face to face. The Court 80 ordered, and the .,ell was raised; much ·to the indignation and diacomfiture of the Lady 8u­perior, who found that the law of the CODvent was .Dot the law of the courts. : Among the notable crimiDal cases in which Mr. ·Farley was engaged,. was a capital cue, tried at Keene, New Hampshire, after he had .. tablished his residence In Groton. His client WIS indicted for the murder of his wife by poison. Prof. Webster, who analyzed the contents of the .tomach of the wife, teetified as a witn ... for the government.

· Mr. Farley iD hi. keen, adroit and searching cross­examination of Prof. Webster, elicited tbe moet im­portant. tact for the defeDce, that he employed poisons

·as teeta in hls'analysis, and PDt him into a furious rage by the SuggestiOD of the probability. that the

'1'018001 contained in bis teats eatiltfactorily explained 'and accoUDted for the preeence of poisons, which he ·teatilled he had fonnd in the ltomach. The Cl'Ol8-

· examination or Prof. Webater in this trial WIS merci· ·1 ... ; astute andtrinmphant, .. t~e great lawyer ex-

poeed, with hie imperturbable coolnell and aelf-poIHII­sion and perfect confidence in his position, tbe intrin­sic weaknees of his t .. timony as well as his ungov­ernable temper, and will be long nomembered as one of the masterpieces of croes-examinationln the courts of that 8tate. . The verdict of tbe jury in this case wu for the prisoner, and wholly due to the tranBCell­dent skill and ability with which Mr. Farley conduct-. ed the defence.

HOD. John Appleton, u-chlef jultice of the Su­preme Court of the 8tate of Haine, who was the lint law itudent in the office of Hr. Farley in New lpe­wlch and who always elljoyed his friend.hip during·hls life, Mysof Mr. Farley : "Hewasan intellectual giant. He wu one of the foremost men at the bar of New England. Ii was in the logic of his argument that he was strong. Grant hie premlsea, and the conclusion followed neceesarily and irreeistibly. He made prece­dents rather than followed'them. Hi. logical powen were superior to thoee of any man I eYer met. As a student in his office I was on quite intimate terms with him. I think: if I haTe acquirad any reputation, it is due in no .Ught dega:eeto the ad,ice and i_truc­tion I received from him." .

The Hon. Amasa Nol'ClOll, of Fitchburg, M .... -chuBl'lttB, 8&YS of Hr. Farley: "In the earlyyN.rl of my practice it. was my privilege to be engaged in.l8v­eral C8I8I where Mr. Farley was aeolor counsel. I then had an opportunity to obaerve the remarkable intellectual powen he pclIIB8I!IIed. I thought then c.nd now believe tbat he. was not then nor has he been ex­celled by any member of our prof_on in the 8tate in that he was able to present a cause to a jnry upon its tact. in a menner wholly nnlmpaaioned-I may 8&y in a convenltional way i but with a precision of atatement and .with such an admirable se1~on .of words as to carry to e.ery mind theexact meaning he intended and to lead to the inevitable conclusion he was to reach. The limple, nnadorned .peach, yet moat adorned with a forceful utterance and the .. ,er­.. t logic, uttering no use1ees word, all snpported the theory-the b .. t pOlBible for his client that could be CODltruCted tiom the tacts. Hi. grasping or facts in. support of his theory, with his ingenious arrangement of them, was limply marvelous. No cue was vied by him without a theory and an application of evidence in a way that.was beat calcwated to .D1tUn it. A. a man he I8cnred the full confidence of whatever tribu­nal he addreeaed. The Worc .. terCounty juron were wont to .. y of him that he was the faireat man in argument they ever heard. The simple, direct and graceful speech employed by him controlled. their minds, u it tended certainly to the support of that view of the cue he had determined in his mind u .being beet for hi. client. The statement of certain general principl .. involved .in the cue and a general statementof hi. theory, if accepted by the jury, de­termined the result, for the masterly argument that ,followed beld thejury to the end... His treatmeDt of

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liv HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

the evidence in a givpn cue W&8 oft-times philosophi­cal, and hia felicitioua use of language secured the fullest atteDtion of the tribuDal be W&8 addreaaing aDd the breathleaa attention of all wit.hin souDd of his voice. His style of argument W&8 said to be not unlike that of the distinguiahed lawyer, Jeremiah Ma-' son, who W&8 practicing in t.he courts of New Hamp­lIhire when Mr. Farley eDtered the profeaaion. Sever­al important cauaea pending in the courts of tbat State were tried by Mr. Farley in the later years or hia prole-ion. He W&8 then regarded, as I happen to know, by the best lawyers of that State &II a man poB.P.88ing a remarkable intellect, and the peer of Mr. Muon, who also removed to M&88achulletts from tbat State!' ,

Hon. Peleg W. Chandler, of &aton, in apeakiDg of Mr. Farley, used tbis laDguage: " Farley was a very great lawyer. I Dever knew his auperior &8 a logician;

,nor hia equal, except iD Jeremiah MlIOn." Hnn. Josiah G. Abbott, of Boston, writes of Mr.

Farley: "I knew Mr. Farley from the time I 1'&8 a student-at-law, aDd he was iD the rull maturity of his power &8 lung &8 he lived. The lut ten or twelve ,years of his life I knew him very intimately •.

c. He was among the ablest and strongest men I ever knew. He W&8 not merely a lawyer and nothiDg else. Notonlyw&8 he a good claaaicalscholar, espec­ially keeping brigbt his kDowledge of Latin writen, but. he 1'&8 a most. discriminating admirer of the belt, Englil!h literature. Thia, I suppose, W&8 Dot. geDer­ally known, for I think he always was somewbat in­clined to put on an appearance of brusqueneaa and carele.lIn·eaa in rerereDce to matters uaually reckoned as accomp1iahmeDts. . , " He had studied the law thoroug~ and made him­. self muter of all its great principles aDd rulea.

" But through bia whole life he paaaed DO conaidera­ble time in looking up C&8es and authorities.

" He looked upon the law &8 establiahing great prin­ciples and'rules, to regulate aDd govern tbe conduct

·of life, and whenever legal questiona were submit.ted to him he settled them by a thorough and careful consideration or the principles upon which they de­pended, as he believed, and then looked ror the author­ities to con8rm hia judgmeDt. Early iD my acquaint­ance with him, he told me that a lawyer who de­pended· malnly on the study and citation of caaea W&8

. Dever • worth his salt.' The true course, he con-tinued, ror ODe who wiahes to make himself a real lawyer, wu to 8rmly and thoroughly ground himself on tbe great principles upon whicb the law 1'&8 founded, and which pervaded and governed it in ita applicatioD to human alfaira, and to make them ab­solutely his own. His argumeDts and conduct of cues were always governed by such considerations. He diacW!sed principles, making comparatively but slight uae of cases, thua making authorities instead or being governed by them.

"To bring him up to the (ull measure of hia powers,

it required a cause of importance or one having lOme features which thorougbly interested him.

.. I do Dot think iD ordinary caaea he by aDY means did justice to himself. They were not. large eDough to interest him. But wheD he was thorougbly iDter­ested and aroused, eitber by the cue itself or by the strength of the opposing couuael, nO man could ucel and but few-very few-equal bim. I never kDew aDY man who was a more perfect master of logic thAn Mr. Fadey. At his beet. it was difficult to ftDd any weakneaa in his chain of reasoDing: Grant his prem­ises, aDd his coDclusions were imp'regnable.: But logic was by DO means all that gave him at times his won­derful power. Logic aloDe W&8 Dever very successful with juries of mauea of men. There must be IOme­thing to give warmth and beat to logic to make it liviDg, not dead-to so adapt it and so mould aDd warm thOle to whom it IS addreaaed, that it shall con­trol tbeir thoughts and· reason. WheD aroused no man bad a greater power of impreuing himself upon those be addresaed, making tbem take his thoughts aDd his reasoDing &8 tbeir OWD. Upon wbatever that power depends, whether it is sympathetic or magnetic, to uae a cant phrase, or comes from sbeer power of will and force of mind, &8 I rather think it does. Mr. FarleY'certainly po.eased it to a mOat remarkable' degree. But I do DOt tbink he ·ordinarily manifested it to aDY great extent. I think I have heard four or ftve argumenta by him, which I Dever did and Dever upect to hear excelled, hardly equaled.

.. In the ordinary ruD of caaea there were meD by no means his equals in power, who would appear all well liS he. I always thought and l1.hink now that Mr. Farley never realized the extent of his powers. Whatever the occ&8ion required, he W&8 always equal to and anlwered . the dem .. nd. But I do not believe that supreme time ever came to him which called for the full measure of the great powers with which he W&8 gifted.

.. As I have said, he enjoyed the cl .. ica and the best English literature. .

.. Besides, he W&8 interested iD all new diacoveries and new phuee of thought. He kept well abrcaat with all advances mado in his time, and no man could dis­CQ88 questions outalde of his profeaaion better thaD he, wheD he met one capable of maintaiDing his part in the discullion. With a somewhat brnsque aud rough manner he had great warmth or feeling, and wheD he wu a friend, W&8 nne always to tie relied upon.

.. Upon the whole, Mr. Farley impreaased me &8 being one or the strongest and moat remarkable meD I have ever met with. But his cue ahows how very little there is in the lire or the greatest lawyer that iurvives him long. Mr. Farley conducted trials and made ar­gumeDta that showed he p08lelled more logic, more reasoniDg power, more mind, than is shown in many or the boob that live for centuries or than W&8 ever shown by many of the statesmen whoae names have gone into history; yet notwithstanding this, hia repu-

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BENCH AND BAR. Iv

tation Is now not mach more than a tradition, only personally kDown to and cherished by a few, who liDger UPOD the stage. It is only another inatance, added to the long list, that the life of the lawyer, however great may be his powen, is writteD OD DOtb.· iDg more eDduring than.pnd or water!'

Although Mr. Farley tried causes an over the Com­monwealth and iD New Hampehire, it W88 with the COUN of Old Middleaa, where he WOD 80 many forensic victories, that; his fame 88 a jurist must be moat intimately iuIaociated as long as the gradually but surely failiDg memory of traditioD shall hold it 1&1

ita own. . There he was easily aDd always the leader .of its bar, wbich was distinguished by many strong and eminent la wyen. In ODe Dotable cauae tried there against the VermoDt & Maaachusetts Railroad, ID which lhe late. Judge B.~. Curtis w.s retained and acted as counael for the company and Mr. Farley for the plaintiff, he most conapicuoualy exhibited his ready sagacity and tact. Some very hand80me plana had been intro­duced 88 evidence in the cue by Judge Curtis. Mr. Farley,in hili argument to the.jury, discarded these beautiful pictures aDd. borrowiDg from ODe of the jury a piece of chalk, which every Middlesex farmer car· ried iD his pocket, he proceeded to chalk out a dia· gram of the place of the accident upon tbe floor in full view of the jury, and 80 ingeDioualy employed it iD his argument that, to Ole tbe expreaaion of the late Rev. Thomas Whittemore, the president of the rail· way company: "Hr. Farley chalked 01 out of the case!' Hr. Whittemore was 10 much impreaaed with tbe powen of Hr. Farley as manifested in that cue, that he at once gave him a general retainer 88 counsel filr his ro~.

Mr. Farley always bad a peculiar habit of stating his C&IIftJ to penonl whom he met while' the trial was going on, and whom he knew as posseaing sound common 18use, evidently. with a view of seeing how tbe cue struck them and of eliciting from them some thought or suggestion which he might use whea he came to addreaa the twelve. men of lOund" common seDl8" who were hearing and to p888 upon the case. . It",.. hia custom, whea coDsulted by clients in hil omce, to hear theiratatements patiently, and, after care· fullyqueatioDing them as to all the facta, to give them his opinioD without conaulting the reporta or the boob. After his client had letl; he would .y to the studenta in the omce, who had been attentive listenen to the interview: II Perhaps you had bet.ter look into the reports and see if the Supreme .Coart and I agree!' .

It was his diatingaishing habit to 10 exhaust.h·ely aamine and consider his opponent's cue that when he came to state their aide of the case he surprised them by diaclosing much stronger pointi than they had diacovered, bu~ only to their embarraiament and .defeat by' hia coDvinciDg and triumphant replies

thereto. Judge Appleton, in his letter concerning Mr. Farley, from which quotatioDs have been made, further saya, iD speaking of hia home, where he w. always a welcome guest: .

" His wife W88 ODe of the uints that occasionally appear to bleaa her family and frienda. Few men ever had a happier home thau it was hia f01'Wne to enjoy; In his family he was genial and h08pitable-delight.­lUI in conversation, a good talker-which in thoaedays W88 estimated a 'high compliment. 'An amusing and true anecdote is told of Mr. Farley. a con venation­ist. Owing to some failul") of the train from Boston to connect with the train at Groton Junction, 88 it W88 then called, but now Ayer, for Groton Centre, where Mr. Farley resided, he concluded, 88 it was a pleaaantday, to walk from the Junction to his home, a distaDoo of about four miles •. He had for his com­panion in the walk the late Rev. Hr. Ricliarda, formerly pastor of the Central Church, a' highly cultivated and able man, whose acquaintance he made bJ chance at the Junction. Mr. Farley, in speaking of the walk and of Mr. Richards ai'terwaids to the Rev. Mr. Bulkley, of Groton, Mr. Farley'S own minister, and whose pulpit Hr. R.ichards came to fill on a­change with M.r. Bulkley said: • That Mr. Richarda is a most delightful man. I met him accidentally at the Junction aud made hia acquaintance and .we walked up to GrotoD! Mr. Bulkley enjoyed this praise of his friend Richards very much, 88 be reo called what Mr. Riohards said of Mr. Farley. He had told Mr. Bulkley, • that he met Mr. Farley and had a highly enjoyable walk with him from Lbe Junction. That he. was 88toniahed and charmed with Mr. Farley's wonderful conversational powen, for he talked all the way from the Jnnction to the Centre, while he W88 a delighted listener.' This is but another illustration of the well-known fact that a good talker likes a good listener."

Hr. Farley's great and su're reliance w. upon him­selr. He W88 coDscious of his strength, but, 88 is usual with truly great intellects, made a modest diaplay of it.

In the con,ideratlou of questiona of law he made his own paths in the practice of hia profeuion and did not seek or walk in the ways furnished hy other minds in the publillhed reports. He POlll888ed an original creative legal mind. Firmly. planted in the principles of the common law, he applied those prin­cipl811 to the VariOUB cases as they arose.

In hia gigantic mental laboratory all hia ~lts were worked out. .

Mr. Farley, at hia decease, left as surviving mem­ben of his family-his IOD, George Frederick Farley, 'for many yean a me.rchant of Boston, but now de­ceased, and his daughter, Sarah E. Farley, and Mary F. Keely, wire of Edward A. Keely, a member olthe Suffolk bar. .

In closing this neceBRarily very inadeq!1ate sketch of Mr. Farley, it is but simple jUlltice to hie memory to

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lvi HISTORY OF MIDDLESEX (,'OUNTY, MASSACHUSETTS.

lay, upon the testimony furnilhed therein by the able cont.emporary jurists who knew him 10 well, in weigh­ing hill character, attainments, fame and luee_ as a jurilt and advocate, that he had but fe\v equall at the bar of New England.

GEORGE FRISBIE HOAR, the youngest child of Sam­uel and Sarah Sherman Hoar, wal born in Concord August 29,1826. He Itudied at the Concord Acad­emyand graduated at Harnrd in 1846 •. After Itudy­ing la" at the Dane Law School in Cambridge he settled in Worcester, where he was chosen representa­tive to the State Legislature in 1852, a mernber of the Senate in 1867 and city solicitor in 1860. He was choaeo a member of the Forty-first, Forty-aecond, Forty·third and Forty-fourth CongreBllfs, which cov­ered the period from 1869 to 1876, and declined a nomination for the Forty-fif\h Congrnl. He has been in the Senate of the United States lince 1877, and hil third term, which he is now serving, will ex­pire March 4, 1896. During hiaserviee in the lower home of Congre88 he was one of the managers on the part of the HOUle of Rep~entatives of the Belknap impeachment trial in 1876, and in the same year one of the Ele,}toral Commilllion. He was an overseer of Harvard College from 1874 to 1880, presided over the MasaachuseLts State Repnblican Conventionl of 187],1877,1882 and 1886; was a delegate to the Re­pnblican Nat.ional Conventions of 1876 at Cincinnati and GfI880, 1884 and 1888 at Chicago, presiding over the convention of 1880; was regent of the SmithlOn­ian Inldtute in 1880 i has been president and ill now vice-president of the American Antiquarian Society, trUltee of the Peabody Museum of ArchlBology, truI­tee of Leicester Academy j ie a member of the M&II8a­chuaetts Hiltorical Society, of the American Histor­ical Society and the HiltoricGeoealogieal Society and haa received the degree of Doctor of Laws from Wil­liam and Mary, Amherst, Yale and Ha1'l"ard ColJeges, and is a member of other·organizationl too numerous to mention.

EDMUND TROWBRIDGE DANA was the IOn of Rich­ard H. Dana, the lawyer and poet, and brother of Richard H. Dana, Jr., the author of .. Two Years Be­fore the Mast." He was born ill Cambridge, August 29, 1818, and graduated at Vermont University in 1889. He read law in the Dane Law School at Cam­bridge and practiced a few years with his brother, when he went to Heidelberg to pursue his studies. He translated and edited worke on international and public law and political economy after his return home and alao resumed practice with his brother, He died at Cambridge May 18, 1869. The writer knew him well, and believes that no man in the Com­mouwealth held out a brighter promise of prominence in the literature of law when his career was abruptly ended by death. He was a man of infinite humor, aud his quaint illustrations of palliDg events are now in the writer's mind as he recalls his friend to memory •.

JOHN WILLIAM Prrr ABBOTl', IOn of John Ab-

bott, already mentioned, waa bo~ in Hampton, Con­necticut, April 27, 1806, and graduated at Harvard in 1827. He read law at Westford with hie father and at the Dane Law School, was admitted to the bar in June, 1880, and settled at Westford, where he IUC­

ceeded his father u treaau"l of the· Westford Acad­emy, and practiced in hie prof_ion until his death in 1872. He waa a representative to the General Court in 1862, a senator. in 1866 and for many years Beleet­man and town clerk of W 8Iltford.

JOHN BIGELOW was born in Malden November 26, 1817, and graduated at Union College in 1836. After his admilllion to the bar he practiced in New York City about ten years, mingling literary with profes­sional work. In 1840 he wal the literary editor of 1Jae PlebeiaA, and about that time an able contrib­utor to the lhmocratic RniN. In 1848 he was nlade an inspector of Sing Sing Prison, and in 1860 became a partner of William Cullen BryanG, of the New York :&ming PoIt. Iu 1866 he published a Ufe of John C. Fremont, in 1861 was appointed consul at Paril, and from 1864 to 1866 resided in that city as Minister ofthe United States, succeeding William L. Dayton. He is now hving in New York •.

JOSEPH GREEN CoLE, IOn of Abraham Cole, of Lincoln, WIU born about 1801 and graduated at Har· vard in 1822, and read law with Governor Lincoln, of Maine, in which State be settled in his professiou and died in 1851.

ALBERT HOBART ·NELSON, IOn of Dr. John Nelson, of Carlisle, was born in that town March 12,1812, and graduated at Harvard in 183~, afterwards reading law in the Cambridge I.aw School. He was appointed chief jUltice of tile Saperlor Court tor the County of Suft'olk on the establishmeut of that court in 18M, and remained ou the bench . until his resignation in the year of his death. He died in 1858.

ALPHBU8 B. ALGER, IOn of Edwin A. and Amanda (Buswell) Alger, was born in Lowell, Oetober 8,1854. He attended the publie achools of hil native town and gradul'ted at Harvard in 1876. He lead law in the office of Hoil.Josiah G. Abbott, aud was ad­mitted to the bar in 1877, since which time he haa been connected with the law· firm of Brown & Alger, of which ·his father ie a member. In Cambridge, where he reaides, he haa been chairman and aecretary of the Democratic City Committee, and in 1884 he was a member of the Board of 4,ldermen. In 1886 and 1887 he was a member of the State Senate, and for several years preceding the present year he was the' secretary of the. De.mocratic State Central Com-mittee. .

JOHN HENRY HARDY, IOn of John and Hannah (Farley) Hardy, wa:. born in Hollis,Ne" Hampshire, February 2, 1847'. He received his early educatiou from the public schOOls of Hollis and the academies of Mt. Vernon and New Ipswich; and graduated at Dartmouth in 1870. After reading law at the Dane Law School and in the office of Hon. Robert M.

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BENCH AND BAR. lvii

Morse, Jr., he was admitted to ·the Suffolk bar in 1~2, and began practice in a partnel'Bhip with Geo. W. Morse, which continued two years. He then as­lociated himself with Samuel J. Elder and Thomas W. Proctor, with whom he continued untU he waa ap­pointed, in 1885, auociate jU8tice of the BORton Muni­cipal CourL At the age offirteen Judge Hardy was a member of the Fifteenth Regiment of Maaaachu­lettl Voluuteel'B at the'liege of Port HudlOn, and, though young in years, exhibited a reaoJution and will worthy of veteranl in the aervice.' In 1888 he repreaented the town of Arlington in the Houae of RepreaentativeB. He married, in Littleton, Augult 80, 1871, Anna J. Conant, a sieacendant of Roger C0-nant, and daughter of Levi Conant.

GSOBGB ANSON BaucR, IOn of NlLthaniel and Lucy (Butterfield) Bruet', wal born in Mt. Vernon, New Hampshire, November 19, 1889. 'He WHI fttted for college at the Appleton Academy, in Mt. Vemon, and graduated at Dartmouth in 1861. In 1862 he was commi.ioned Fillt Lieutenant of the Thirteenth New Hampshire Regiment, aud Belvedaa aide, judge, advocate, inlpector and &aliltant adjutaDt-generaJ un­til hfl waa mllltared out, July 8,1865. During hiB lervice i!e received three brevet promotionl. He Itudied Law in Lowell, and waa admitted to the Mid­dlesex bar in that city, in October, '1866. During that year he was a member of the New Hampshire Legialature from h,iB native town. He began practice in Boston in 1867, where he lived 'until 1874, when he removed to Somerville, of which city he was may­or in 1877, J.880 and '1881. He waa a member of the MllllaChDll8tta Benak in 1882, 1888 and 1884, and, in 1884, ita preeident. ' He married in Groton, in 1870, Clara M., daughter of Joaeph F. and Sarah (Long­ley) Hall.

NATRANIBL HOLMI'B, 80n of Samuel and Mary (Annan) Holmea~ was born in Peterboro', New Hamp­shire, July 2, 1814 •• He received hiB early education, at the public schools of Peterboro', and at the Chelter and New Ipswich and Phillipa Academiea, and gradu­ated at Harvard in 1887. While in college he taught achool in Milrord, New Hampshire, in Billerica and Leominlter, and ,in Welda' Academy, at; Jamaica Plaina,' near Boston. After graduating he was for a time" private tutor in the family of Hon.John N. Steele, near Vienna, Maryland, and there began the ltudyof law. HiB law atudies were completed at the Dane Law School and'in the office of Henry H. Ful­ler, and he was admitted to the Suffolk bar in Sep­tember, 1839. ' He aettled in st. Louis, entering into partnel'Bhip with Thomas B. Huthon, with whom he remained untU 1846, when he became aaaociated with his brother, Samuel A. Holmea, with whom he contin­ued until 1858. In 1846' he was circuit attorney for the county of st. Louia, aud at later datea a director of the St. Louis Law'Auociation, counselor of the St. LouiB Public School Board and of the North Miaouri RaUroad Company. In 1866 he waa made a judge of

the Mi8lOuri Supreme Court, and reelgned in 1868 to accept the appointmeut 'of Royall Prot'eaaor of Law at the Dane Law School in Cambridge. In 1872 he re­ligned hiB profeaaol'Bhip aud returned to st. Louia, but in 1888 retired from active practice and took up bia residence again in Cambridge.

J ORN QUINCY ADAH8 BuCXBTT waa born in Bradford, New Hamplhire, June 8,1842, and il the IOn of AmbrOle S. and 'Nancy (Brown) Brackett, of that town. He received hiB early education in the public achooll of hia native town and at Colby Acad­emy, in New London, in' the above-mentioned State, and graduated at Harvard in 1866, in the clua with Chari .. Warren Clifford, Benjamin Mills Pierce and William Rotch. He received the deg~ of Bachelor of Lan from Harvard in 1868, and in the lame year was a\lmitted to the Suffolk bar, at which he baa con­tinued 'to' practice' until the preeent time. In the earlier day" of hie practice he was auociated in bu.i­ntlll with Levi C. Wade two or tbree yean, but aince 1880 haa pUl'Bued hil profeasion in colDpany with Walkor H. Roberta, uuder the name of Brackett &; Roberta. ,

AlmOlt continuoualy aince hia admil!lion to the bar Mr. Brackett haa been 88IOciated actively with poli­tiea, aud few names ~ye been more widely known than hia on the political ,platforms of the State. He haa lurreudered himaelf to the fortunes of the Repub­lican party, and little elll8 than ita di}laolution would be likely to weaken hiB party loyalty.' He was a member of the Common Council of Hoaton 'in 1878, '74, '75 and '76, and during the last year of hia service was preaident of 'that body. He waa a member of the Maaaachuaet.ta HOIllle of Repreeentativea from Boston in 1877, '78, '79,"80'and '81, and diBtinguiahed hialegialative career by his advocacy and champion­ship of the eatablilhment of co-operlLtive banD, in the welfare of which he has maintained a deep inweat. In 1889'he had become a reaident in Arlington and again became a member of the Houae of Bepreaenta­tiYea, holdiug hilleat three years, during the last two of which he was Speaker. Io 1887, '88 and '89 he was Lieutenant-Governor, during a considerable por­tion of the luI. year acting as Governor in conle­quence of the continued ilIu ... of Governor Oliver Ames. In September, 1888, allO, during an earlier illDeaa of the Governor, he was called into Belyice as hiB aubstitute, and in that capacity'repreaeoted the State at the celebration in Columbua of the annivera­ary of the aeUlement of Ohio, in a mauner reJI.ecting honor on the Commonwealth. At the celebration at Plymouth on the let of Auguat, 1889, he again repre­aented the Governor, and hiB lpeech ou that occaaion atamped him u a master of the art which in hiB offi­cial capacity he has been 10 often required to teat. In September, 1889, after a IOmewhat earneet con~ he was placed in nomination for Governor by the Re­publican party and chOll8n in November followiDg'to ,aerve for the year 1890.

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1 ... vm - HISTORY OF MIDDLESEX OOUNTY, MASSAOHUSETTS.

Few young men in M;aauchuaetta have had a more aucceeaful career in the political arena. During the twenty-two years which have elapaed alnce hia admi8-lion to the bar, aixteen, with the present year, have been apent in public office, and hla continued ad­vancement aeems only to depend on the maintenance of power by the party he baa IIt'rved 80 long.

Governor Bracbtt married, June 20, 1878, Angie )[., daughter of Abel G. and Eliza A. Peck, of Ar­lington, and makes thll.t town hi8 home.

MONTRBSSOR TYJ.ER ALLEN, 80n of George W. and Mary L. Allen, waa born in Woburn, May 20, 1844. He read law at the Boston Univenitv Law School, anll was admitted to the bar in 1879. He married, tn 1865, Julia Frances Peasley, and wbile practicing hla profe.ion in BOlton makea Woborn hia residenc... .

JOSEPH O. BURDETT waa born in Wakefield; Octo­ber 30, 1848. He graduated at Tun'a Collejl'e in 1867, and read law in the office of John Wilkea Ham­mond, in Cambridge, and waa admitted to the Mid· dlesex bar in April, 1873. In 1874 he removed to Hingham, wh .. re he married Ella, daughter of John K. Corthell. He has represented hia adopted town In tbe Leglalature, and during the last three years has been chairman of tbe Republican State Central Com­mittee. He has a law-office in Boston, but atill re­aiiles ill Hingham. .

WILLIAM Auos BANOROFT was born in Groton, April 26, 1855, and W88 tbe IOn of Cbarles and Lydia Emeline (Rpauldinld Bancroft, of that town. He fitted for college at Phillips Academy, and graduated at Harvard in 1878. He read law at the Daue Law School and in the office of Wm B. Stevena, aud was admittt'd to the bar in 1881. In 1885 he was ap­pointt'd auperintendent of the Cambridge Street Rail­road, and in 1883 was appointed by the Weat End Street Railway Company ita road-muter, from which be has retired to reaume hia proft'll8ion. Having given his attention lOon after leaving college to mili­tary matters, he was made a captain in 1879'ofCom­pany B, of the Fifth Masucbuaetta Regiment, which be had joined 88 a private during hil freshman year in college, and in 1882 was chOBen colonel of that Regiment, a position which he atill holda. He has heen a member of tbe Common Council of Cambridge, the place of his residence, and has represented that city tbree yeare in theLegialature. He married, Jan­uary 18, 1879, Mary, daughter of Joseph Shaw, of Boston.

JOHN JAII'BS GU.OHRIST was born in Medford Feb. iG, 1809. Hia father, James Gllcbriat, a ahip­maater, removed while he was quite young to Charles· town, N. H., and carried on the occupation of farm· ing. John, the aon, fit.ted for collt'ge with Rev. Dr. Crosby,. and graduated at Harvard in 1828, in the cia. with Dr. Henry Ingersoll Bowditch, George fftillman Hillard and Robert Charles Winthrop. He read law' in Charlestown, N. H., with William Briggs,

and at the Dane Law School. At\er admi.ion to the har he became 8880Ciated in buaineaa with Governor Hubbard, whose daughter, Sarah, he married in 1836. In 1840 he was appointed an associate juatice of the Supreme Court, and in 1848, on· the resignat.ion of Judge Parker, was made chief juatice. On t.he eatab­Ji.hment of the Court .of Claima at WashingtolL he was placed at ita head by PrC!8ident Pierce, and died at. Washington April 29, 1858. He publilhed a digest of New Hampshire reports in 1846, and it has .been said of him that" in depth and extent of legal lore many of hiB judicial contemporaries may have equaled him, but only a few have ez:ceUed him."

JA.MBS G. SWA.N, the tbird IOn of Samuel and Margaret (Tufts) Swan, of Medford, waa born in that town January ll, 1818. He went. to California in ita early golden daYl, and thence to Washington Terri­tory, where, in 1871, he was made probate jndge. He was afterwarda appointed inapector of cuatoms in the dietrictof PugetSound, and atationed at Neah Bay tbree years, and, later, at Fort Townsend. Subse­quently he waa appointed United States Commls­aioner of the Third Judicial District of Wuhington Territory, and in 1875 went to Alaska as United Statee commiasioner, to procure articles of Indian.manufac­ture for the Centennial Exposition. In 18~7 he pub­lished a book eDtitled "The Northwest Coast; or, Three Years in Washington Territory," and in 1880 gave to the town of Medford a collection of Indian curioa for the public library flf the town.

THOlU.S S. HARLOW was born in Castine, MI., Nov. 15, 1812 •. In 1824 his family rt'moved to Ban­gor, and in 1831 he came to Boaton. He taught the grammar school in Medford, and graduated at Bow­doin in 1836. He read law with Governor Edward Kent, in Bankor, and for a short time edited a news­paper in Dover, Me. He was admitted to the bar in 1839, and apent thrt'e years in Paducah, Ky. In 1842

. he returned to M&8Iacbuaetta, an<l opened an office in BOlton. In November, 1843-, he marrIed Lucy J. Han, of Medford, and took up his residence in that town. He has alwaya, during hia residence there, been interested In town afrain, and won the respect and confidence of his fellow-citizen.. He has been. a mt'mber of the School Committee and of the Board of Trustees of the Public Library, and ia at tbe preaent time a apecial juatice of the Firet Eastern Middlesex Diatrict Court, having within ita jurisdiction the townlof North Reading, Reading, Stoneham, Wake­field, Mell'08e, Malden, Evt'rett and Medford,_ and holding itlaeaalori, at Malden aud Wak£field.

ALPRED BREWSTBR ELY, the IOn of ~v. Dr. Alfred Ely, of Monaon, was born in that town Jan. 13, 1817. He fitted for college at the Monson Academy, and gradnated at Amherst in 1836. After leaYing college he taught the high school in Brat.t1e­boro', Vt., and the Donaldson Academy, at Fayette­ville, N. C., and read law wilh Chapman & Ash­mun, in Springfield, M ... , where he was admitted

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to the bar. In 1848 he removed to .8oeton, where he established himself in the law, making Newton, a part of the time, his place of re,idenc8J' from which town he wu representative to the General Court in 1872. He early became an active" Native AmericaD," and introduced into M&lll&Chuaetta in 1846 the "Order of Unit.ed Americans," of which for a time he wu the pr8llidenL At one time he edited. aud perhaps owned, the BOlio" DfIilr n- and the Bo,1tm Ledger, and held the offices of State director in the Western Railroad, and commi .. loner of Back Bay LaDdi. In 1861 he wu quartermaster of the Thirteenth Oonnec~cut Regiment, and aid-de-camp of' Brigadier-General Benbam. In 1862 he wu a .. istant adjutan~general of the Northern Divi.ion of t.be Department of t.he Suutb, and was a' lIilton Head and Fort Puluki, and in the batll. of Edisto and Stono. aud afterwards on the .taft' of General Morgan. He resigned in 1868. He married, first, Lucy, daughter of Oharles J. Cooley, of Norwlcb, and Mcond, Harriet Elizabeth, daughter of Freeman Allen, of Boston, and died at Newton July 80, 1872.

DAVID H. MASON wu born in Sullivan, New Hampshire, March 17, 1818, and graduated at Da~ mouth in 1841. He lived in Newton twenty-live years and there died May 29, 1878. He delivered the uration at the centennial anniversary of his native town, July 14, 1864; in 1860 he wu a member of the M .... chuaetts Board of Education, and December 22, 1870, was appointed United StateB distriC?t attor­ney.

JOEL GILl!'B wu born In Townsend in 1804, and grad­uated at Harvard in 18t9, after whi\:h he wu for a time a tutor in the coJlege. He was d8llcended from Edward Gil8ll, who !'.ame from Salisbury, in England, and settled in Salem. He settled in Boston, and in 1848 delivered the Fourth of July oration in that city. He was a member of both branch811 of the General Court, member of the Constitutional Conven­tion ofl868, and died in Boston. '

JOHN GILa, brother of tbe above, born In Town­send in 1806, graduated at Hanard in 1881, read law, with Parsons & Stearns, in Boston, and died In Juno, 1888.

Ll.'TlI8B STEABBB CUSHING, son of Edmund Cush­ing, of Lunenburg, and grandson of Colonel Cbarles Cushing, of Bingbam, waa bom in Lunenburg, June 22, 1803, and graduated from the Harvard Law School in 1826. At\er conducting for a time the Jurilt mad Law MagaziM, he was appointed clerk: of the M .... -

, chuaetta HUUle of Representativ811 in 1882, and aerved until 1844. In the latter year he was chosen a reprtlentaLiv8 from Boston, and in the same year appointed judge of the Court of Common Pleas, re­maining on ~he bench until 1848. In 184:) he publish­ed a" Manual of Parliamentry Practice." In 18M, iIa reporter of the Supreme Judical Cour,t, to which poeition he was appointed after leaving the bench, he published twelve volumes of Reports. He a181) pub-

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lished .. Elemfnta of the Law and Practice of Legisla­tive Auembli8ll," .. Introduction to the Study of Roman Law," and "Rules of Proceeding and Debates in Deliberative Auembliea.'· He died in Boston, June 22, 1866. '

THOHAS HOPKINSON was born in New Sharon, Haine, August 25, 180', anJ graduated at Harvard in 1880,'in the cl ... witb Charl811 Bumner and George Washington Warren. He read law with Lawrence & Gliddtn in Lowell. and was admitted to the bar In 1838. He wu a representative from Lowell in 1888 and 1847, Senator in 1846, and in 1848 "u appointed judge of tbe Court of Common Pleas, reBigning the next year to a.ume the position of president of tbe Boeton and WOlC8IIter RaIlroad Company. He was olty solicitor of IAwell in 1840, a member of t.he Oonstitutional Convention froID Oambridge, In 18G3, and died in that place on November 17,1856.

FREDERICK AUGUSTUS WORCESTER was born in Hollia, New Hampahire, in 1807, and was the IOn of J8IIIe Worcester, of that town, and graduated at Har­vard in 1831. He had four brothers who were col­lege graduateB,-Joeeph Emeraon, the lexicographer, who graduated at Yale in 1811, and died in 1865; Rev. Tsylor Gilman, who graduated at Harvard in 1823, aD"d died in 1@69; Rev. Henry A, who gradu­ated at Yale in 1828, and Hon. Samuel Thomu, who gradllated at Harvard in 1830. He had two other brothera-J8IIIe, who entfreci Harvard in 1809 and died the same year, and David, who entered Harvard in 1828 and left college In his junior year. Frederick Augustua studied at Pinkerton Academy, in Derry, New Hampshire, and at Pbilips Academy before ('.0-

teting college. He read law with Benjamin M. Farley, at Hollia, and at the Harvard Law Schcol; and finished his studies with George F. Farley in Groton. In 1885 he went to Townsend. thence to Banger, but returned. He married Jane M. Kellogg, of AmheJst. •

JOHN A. KNOWLES was born in Pembroke, New Hampahire, April 25, 1800. and died at hi. home on South Street, Lowell, MUll., July 25, 1884, at the age of eighty-four years. He wu the IOn of Simon and De­bor!lh Knowles wbo'were natives of Hopkinton, New Hampshire, and was tbe youngest of a family of thir­teen children. Like almoat all other boys reared in the farming towns of New Hampshire in the begin­ning of tbe present century, he very early learned to rely for support upon his own exertioni!. At the age of fifteen years he len home and engaged in the trade of wsgon-making in Hopkinton, New Hampshire. A part of his time, however, was devoted to attending school. He seems to bave very early entertained the fixed resolve to attain by the cultivation of his intel­lect a higher poaition in life than that of an ordi­nary workman. Accordingly from the age of nineteen' years to that of twenty-four years he devoted him­self alternately to a course of .tudy and to teaching in district &chool.. Subsequently, however, on ac-

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Ix HISTORY OF MIDULESEX OOUNTY, MASSAOHUSETTS. ,- ,

count of his feeble health and his limited pecuniary abilit.y, he relinquilhed the cherilhed hope of ob­taining a college education, and devoted himlelf for two yeal'8 to teaching school in Keene, New Hamp­shire, and Taunton, Maaaachusetta.

Mr. Knowles came to Lowell in the autumn of 1827, when twenty-seven yeara of age, and opened an evening school, in which penmanship (in which he was an expert.) was the leading branch., This school, however, he '800n relinquilhed, and commenced the Itudy of law in the ofBce of Elilha Glidden, who for nine yean was an attorney-at-law in Lowell, and was at. one time the partner of Luther Lawrence, second mayor of the cit.y.

After nearly flve yean spent in the office and fam­ily of Mr. Glidden, and in attending, at Dedham, the lectures of Judge Theron Metcalf, he was admitted to the bar in 1882, at the age of thirty· two yeara, and immediately opened a law-office in the cit.y of Lowell. He continued the practice of law ill that city until increasing dwneu demanded his retirement. As a lawyer he was distinguished, not for brilliant oratory or perau8Bive eloquence before a jury, but for the soundneas of his counsel, the conacientious fidelity of his service, and the purity and uprightneu of his character. These qualities secured to him fpr many yean a larg& office practice, and gained for him not only a good estate, but. aleo an enviable name 8B a man of exalted moral r.haracter.

Few cit.izenl of Lowell have been called to a larger number of positions of trust. and honor. For several years he " .. clerk of the Police Court nnder Judge Locke. In 1888 and 1884 he W8B citYlOlicitor. In 1885, 1844 and 1845 he was a representative of Low­ell in the General Court of MUB8Chuset.ta. In 1847 he held the office of Stat.e Senator. For several yeara he was a member of the Board of School Committee. From 1847 for nearly thirtY1ears he w .. president of the Appleton Bl\nk, reaigDing the ofBce at length on account of impaired eye·sight. From 1848 he lerved for B8Vl'ral yean 8B treasurer of the Lowell & Law­rence Railroad.

In every posiUon of reaponsibility Mr. Knowlea displayed a character of trlLDllpareQt. honeaty and s~rict integrity. ·,He was. man to be truate<.l. Though ofa genial and complacent nature, yet, when occasion called and justice demand,d, he knew how to CI put his foot down firm." When he 'W8B president of the Citizens' Bank, an inltit.ution which, after a brief ex­istence, went down in the financial depreaaion of 1831 and the following years, he gained an enviable name by his firmneu in reailting steadfastly every attempt of speculatora to induce him to resort to doubtful methods of mapagement. , Mr. Knowles was fond of literary pursuits. His pen W8B not idle. By his sketches of the early days and the early men of Lowell, read before the Old Reaidenta' Hiatorical ABBOciation, he did much to in­tereat. its members. There was in his mind a poetic

vein, and he often repeated the flowing lines of Pope and other old poeta which his memory had re­tained for fifty yean. The wriUng of poems was to him a pleasant. recreation. He was for many yean a beloved ofBcer of the Unitarian Church, of which he was one of t.he founders.

DA'NIBL SAMUEL RICHARDSON was born in Tyngs­borough, MaBI., December I, 1816, and died at his residence on Neamlth St.reet, Lowell, March 21, 1890, at the age of seventy-three years. He was deacended from a long Jine of New England ancestors, all of whom occupied such honorable poslUons .in life th .. t. It is interest.lng to trace his genealogical descent from the early sett.lement of M&8Bachuset.ts.

1. EZE'kiel Richardson, his earlieat American an­ceator, belonged to th .. t. large colony of Puritan Eng­lishman who, about 1630, under Governor John Win­throp, set.tled in Salem, Boston, Charlestown and the neighboring towns. He was a conspicuous man, having been On the firat Board of Selectmen of Charleatown and repreaentative of tilat town in the General Court. He subsequently served on' the Board of Selectmen oftha town of Woburn.

2. Hil son, Captain Josiah Richardson, was promi­nent among the first settlers of Chelmsford, having been for t'ourteen years a selectman of the town. It is an intereat.ing flUlf; regarding him that he wu once t.he owner of that part of the ,territory of Lowell on which now stand most of the large manufactories of that. city, having, in 1688, received it. by deed from two Indianl, John Nebersha and Samuel Neberaha, II for ye love we bear for 1e aforesaid Josiah."

8. His IOn, Lieutenant Josiah Richardson, was the clerk and a selectman of the town of Chelmlford.

4. Captain William Richardaon, Ion of the latter, repreaented the town of Pelham (t.hen a part of Mas­sachusetts) in the General Court. He died in 1776, at the age of nearly seventy-flve years.

5. His IOn, Captain Daniel Richardson, reaided al80 In Pelham. He was for tbree yeara a loldier in the Revolutionary Army, and was present at. t.he bat­t.le of Monmouth. He died in.1888, at. the age of eigb~y-four years.

6. 'His IOn, Daniel RichardsoD, the fatber of the subject of this sketch, was a successful attorney-at­llLw in TyngBborough, Mus., and served the town ,in the General Court. of Massachuset.ts, both as Repre­sentative and Senator. Of his three IOns, who were his only chUdren, Daniel S. was the ol~eat, William A. il chief justice of the Court of Claims at Wash­ington, having formerly held the high office ofSecre­tary of the United Statea Treasury, and George F. is one of the ableat lawyers of the bar of MiddleHX County. The three brothers all graduated from Harvard College and the Law School, aU puraued the study of law, all practiced their profession in Lowell, and all in succeaaion were elected to the preaidency of the Common Council of that city. It is an intereatlng fact. that for t.wenty-one year. onl at

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BENCH AND BAR. lxi

leut of the broth era W&l a member' of the univer­lity.

Daniel S. Richardeon fitted for college .at the acad­emy at Derry, N. H., and graduated at Harvard in 1836, berore he had reached the age of twentYYearl. In college he ranked among the flrat Bcholarl of hie clUB, being a member of the Phi Beta Kappa Society and receiving the Bowdoin prize. He eubaequently graduated from the Law School.

At t.he age of twenty-three yeare he commenced the practice of law in Lowell, occupying an office in a location on Central Street. in which· he remained for more than fifty years.

He loved hie profe88ioD, and to it he devoted hil highflt powera. Hia caaee were prepared with IICI'U­

puloua fidelity, and all that patient research and un­remit.ting toil could do he freely gave to hie clien~. He W88 a l!'wyer and not an orator. Othera might ucel him in a popular haraDglle, but before a jury nch W88 the force or hie logic, the perapicuity or hia language, the evident aincerity of hie conviction, and above all the admirable thoroughn818 of hi .. preparation, that few advocates were hie peera. In the firat C88e which Mr. RichardlOn argued before the full bench of the Bllpreme Court. the celebrated Chief JuaticeShaw 10 far departed from hill habitual reticence 88 to lay: C& Thia caae haa been very well argued."

Mr. RichardlOn acquired a very utenlive practice in civil c:aaea. It il aaid that in the Haiaachuaette Reports there are more than ,tbrM hundred caaee which he took to the Supreme Court.. Hie office W88 a achool for young lawyera. Very few men have had around them 10 manyatudenta of the law. In him they found a patient and Iympathizing iDltructor and friend whom they learned to Jove. and whOle geD8fOue kindn!lS they etill recall with aft"ection and tendernf81. The honor and 81teem in which hia compeera at the bar hold him were well expreaaed at the recent memorial meeting of the Middl8lu bar by Gt:neral Butler, who had intimately known him for fifty yean, in the following worde: "He waa one of the few men I ever knew who apparently had no enemies. The practice of the bench Ihon no more fragrant name than that or Daniel S. RichardlOn."

Alt.hough the practice olthe law W88 Mr. Richard­IOD'a chOlen vocation, yet hie fellow-citlzena recog­nized hil meritl by placing'him in many poeitiODl of wet and honor. In 1M2, 1843 and 1847 he WB8 a member or the General Court and W88 in the State Senate in 1862. In 1846 and 1846 he lerved in the Common Council, and W&I, in both yeare, president of that body. He was in 1848 on the Board of Alder­men. He W&I for a very long time a director, and for aixteen years the president of the Prescott Na­tional Bank. For fifl.een years or more he waa true­tee of the State Lunatill 'Aaylum at Danvera. He W88 president of the Lowell Manufacturing Company and director in the Lowell Bleachery and the Traders'

and Mechanice' Ineurance Company. He W88 presi­dent of the Vermont and M888aehueette Railroad from 1863 to the time of hie death. He W88 a1eo formerly president of the Lowell & Namaa Railroad. For three years he wae chairman of the commi88ionere of Middleeex County. And even yet we have by no meane completed the full liet of officee and tmate which occupied hil buey and uaefullife.

Mr. Richarde~n was, during all hie life, a diligent Itudent. He kept himeelf informed in the poJitica, ecience and literature of the day. In 1841 he was, for Beveral monthl, theedittlr of the Lowell Courier, but hie law buein811 forbade him to .continue hil work 88 a journaliet. AI editor hil motto,... he de­clared in hie valedictory, was upreaeed in the foi­lowing couplet:

.. Do boldl7 wbat 1011 do, UICIlet lDar pap 8mIle wbeD it _11-. &lid wbeD it ....... np."

He add., however, that he had leanfd towarcLs the emili~g page. In religioallfntiment he W88 a Uni­tarian and it h88 been said of him that hie creed W&l the Sermon on the Mount-In politice he was, in hil early years, a Whig. After the Wbig party be<:ame 'ulinct he W88 through lire a firm and conlialtent; Republican.

GILES HENRY WHITNEY, eon of Abel and Abigail H. (Towneend) Whitney. of Lancuter, waa born iu Bolton January 18, 1818. Hil father kept, in Boston, a private echool for boye. The IOn Gilee attended the Latin School from the age of eight to that of thir­teen. and finiehed hil preparation for collfge with Frederick P. Leverett. He graduated at Harvard in' 1837, and after reading law with George F. Farley, of Groton, with Wuhburn and Harlshorn, ofWorceater, aud at the Harvard,Law School, "&I admitted to the bar in Sevtember, 1842.. He practiced in Weetmineter until April, 1846, when he removed to Templeton, and in June, 1867, to Winchendon. He W88 in the Senate in 1861, and in the HOUle of Representat.ives in 1864, 1866 and 1881. He married, in November, 1860, Lydia A., daughter of Capt. Joaeph Davil. of Tem­pleton.

'HENRY V08E wu the IOn of Elijah and Rebecca Gorham (Bartlett) V Ole, of Charl8ltown, and wu born in that town May 21, 1817. EarlyafDicted with 8eth­ma, he wu eent to Concord, where he lived leveral years in. the family of a farmer. He fitted for college at. the Concord Academy and graduated atH8nard in 1887. During a part or the whole of hie college Ufe he wu an inmate of the family of Rev. Henry Ware. Jr. After leaving collega he wae, for a time, a family inltructor in Wfltem New York and read law, firat in the office of George T. Davill. of Greenfield, and afterwards in that of Chapman & Alhmun, of Springfield, when he wu admitted to the bar. He W&I a member of the MBllBChuaette Houae of Repre-' aentativ81 in 1868, and on "he organization of the Su­perior Court in 1859 he waa appointed one of ita judges. He removed to Bolton lOon after hil appoin~

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lxii HISTORY OF MIDDLEBEX OOUNTY, MASSACHUSETTS.

ment and made tbat place bis residence until hi. death, January 17, 1869. He married, October 19, 1842. Martha Barrett Ripley, of Greenfield • . FREDERIC T. GREENHALGB w .. born in Cllthero, England, July 19,1842. and w .. brought to tbil couo­try by his fatber in his youtb. He received his early education in the commoo scbools of Lowell, and tbough he entered Harvard In 18:)9 he did not pursue the wbole college cour@e. He studied law and W&8 admittfd to tbe bar at Lowell in 1865. He W&8 a member of the Common Council of tbat city in 1868-69, and received a degree of Maatflr of Arts from Harvard in 1870. He W&8 alao a member of tbe Low­ell Bchool Committee from 1871 to 1878, mayor of the city in 1880 and 1881, delegate to the National Repub­lican Conyention in 1884. a representative in 188:), city solicitor in 1888 and W&8 chosen member of the FiR.y-llrst Congreu &8 a Republican, hi 1888. He is a.man of fine scholarship &8 well as high legal at­tainments and of polished and winning eloquence­With life and healtb his furthl"r advancement is sure.

CHARLES THEODORE RUSSELL, now living in Cam­bridge. is descended from William RU88ell. who came to Boston in 1640, and settled in Cambridge in 1646. Mr. RU8l!ell is the IOn of Charles and Persll (Haat­ings) Ruuen,of Princeton, and W&8 born in tbat town November 20, 1815. His father W&8 a merchant in Princeton, clerk of the town and postmaster. represen~ tath'e eight years; four years a member of the SlIDate and four years a member of the Governor's Council. Mr. RUBBell fitted for college at the Princeton Acad-

·emy, under the care of Rev. Warren Goddard, and graduated at Harvard in 1887, delivering the Latin salutatory at his commencement and tbe valedictory on tbe reception of the degree of Muter of Arta in 1840. He read law in the office of Henry H. Fuller and at the Harvard Law School, and W&8 admitted to tbe bar in 1889. Tbe writer, a student at Harvard at the time Mr. RnBBen W&8 in the Law School, remem­bers the ease and skill in debate shown by him in the Harvard Union, to whoBe discu88lons the lawstudenta were admitted. After admi88ion to the bar he WBA &8-sociated with Mr. Fuller two years, and in 1845 en­tered into partnership with hiB younger brother, Thomaa HaBtingB RU88ell, who graduated at Harvard in 1843, and had then become a member of the bar. Until 1855 he made Boston his residence and then re­moved to Cambridge, where he h&8Bince lived. Hewaa a representative from Boston in 1844, 1845 and 1860, and a Senator from Suffolk iu 1861 aud 1862, and from Middlesex in 1877 and 1878. 11 e W&8 mayor of c.m­bridge in 1861-62, b&8 been profeaor in the Law School of Boston Uuiversity, fourtfen years one of the Board of Visitors of the Theological School at. Andover and secretary of tbe board. a corporate mem­ber of the Commi88ioners for Foreign Mil!8ions, mem­ber of the Oriental Society, president of the Young Mens' Chrilltiau A.ociation, and delivered an addrea at its inauguration. He haa written a ahort history

... ofbi, native town and delivered a centennial oration there in 1859 and allO delivered the oration in Boston on the 4th of July, 1862. The law-firm of whicb he ill tbe senior member includes, beaides his brother, above-mentioned. his sonB, Charles Theodore, Jr. and William E. and Arthur.H., a IOn of his brother. Mr. Ruaaell married, June 1,1840, Sarah Elizabetb, daugh­ter of Joseph Balli_ter, of Boston.

RICHARD H. DANA, JR., IOn of Richard H. Dana, a sketch of whom h&8 been given, and grandsou of Francis Daca, &110 included in thiB cbapter, W&8 born in Cambridge; AuguBt 1. 1816. His mother was I~uLh Charlotte Smith, of Providence. He entered Harvard in 1881, but owing to a severe affection of the eyes, he W&8 obliged to abandon study for a time, and &8 a sallor before the m&8t, sailed from Boston, August 6, 1834, for the northwest coast. He reached Boston on his return September 20, 1886, and joined the cl&88 of 1887, with which he graduated. He atteuded the Harvard Law School, and waa admitted to the Suf­folk bar in 1840. He published in that year" Two Years Before the M&8t," ~d at later times .. The Sea­man'B Friend," " Dictionary of Sea Terms," "CuBtoma and UBages of the Merchant Service," "Sketches of Allston aud Channing" and "To Cuba and Back, a V aeation Voyage." He entered at once on a success­ful practice, not a small portiou of which, in tbe earliest years of his career, W&8 in the defense of sea­men from unjuBt and hard ussge. He waa a member of the Constitutional Convention of 1868. and one or the founders of the Free Soil party, and ita Buceeuor the Republican party. In the triall had in Bostou of perlOus charged wit.h the unlawful rescue of a fugitive Blave from tbe hauda of United States officen. in the court-houBe i.n that city, he labored diligently and elo­quently, alone in lOme caaea, aud in ot.hers aaociated with Hon. John P. Hale, of New Hampsbire, and S8-

cured theiracquittal. He W&8 appointed United States district attorney by President Linculn iu 1861, and beld the office until 1865. In 1866 he received the degree of Doctor of Laws from hil .Alma Maler: He married, August 25, 1841. Sarah Watlon, of Hartford In 1881 he went to Italy and died at Rome, January 6, 1882-

BENJAHIN ROBBINS CURTIS W8.8 born in Water­town, November 4, 1809, and graduated at Harvard in 1829, receiving a degree of Doctor of Laws from his Alma Mater in 1862. He 'W&8 admitted to the bar in 1832, and began practice at Northfield. MUlachusetta. In 1884 he removed to Boston, where he soon reached tbe front rank in bis prof888ion, meeting &8 hi. com­petitors in tbe courta Charlea G. Levering, Rufus Choate, Sidney Bartlett and at times Daniel Webster. In September, 1851, he W&8 appointed au aaiociate jutice on the bench of tbe Supreme Court of the United States, and realgned in 1867. In 1868 he W&8 one of the counsel of Presideut Andrew J ohnlOn be­fore the Court of Impeachmeut, and before that time he WM two years in ihe LegiBlature. He published in

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BENCH AND BAR. •

1867 .. Reports of the United State! Circuit Court" in two volumes, and later twenty-two volumes of" Deci­eions of the United Statee Supreme Court" and a .. Digest I, of the same.

GEORGB TICKNOR CuRTIS, brotber of the above, wu born in WatertowD, November 28, 1812,and grad­uated at Harvard in 1812. He wu admitted to tbe tlull'olk bar in August, 1886, and wu a repr8lentative in lhe General Court from Boston from 1840 to 1844. He hu been a Toluminou8 law writer, of lOund though conservative mind, and a respected authority on all constitutional questiona.· Among his published law works are II Rights and Duties of Merchant Bea­men," II Digest of the Deciaion80f the Courts of Com­mon Law and Admiralty," II Cases in the American and Englillh Courts of Admiralty," .. American Oon­ve;yancea," II Treatiee on the Law (tf Patents," II Equity Precedents," a tract entitled II The Rights of Conscience and Property/' a treatiee on the" Law of Cop;yright," .. Commentaries on the Jurisprudence, Pracliee aDd Peculiar Jurisdiction of the Courts of tbe Uniled States," and a .. History of the Origin, Formation and Adoption of the Con,Utution of the United States." Besides theee he has publillhed a " Life of Daniel Webster." He ia now a resident of New York, engaged 10 literary pursuita, and in prac­tice in the Unites State. Supreme Court.

WILLIAX W. SToRY, IOn of Judge Joseph Story, WI8 )orn in Salem February 12, 1819, and graduated at Harvard in 1888. He read law in the Harvard Law School,from which he graduated in 1840. Hie father removed from Salem to Cambridge when he WI8 ten years of age, and during hia college and pro­ftalonal lire he was a resident of that town. He lOOn abandoned the law for the more congenial pur­suitohculptnre, in which he has won an enviable dia­tinction. Among hi8 best known wora are the statue of Edward Everett in the Boston Public Garden, and that of Chief JlJ8tice Marshan at the west front of the Capitol in Wuhington. He i8 now 10 Italy, where moet 01 bt8 artist life has been paued. •

GUSTAVUS ADOLPHUS fIoXBBBY, IOn of Samuel and HaDnah (George) 8omerby, of Newbury, was born in that town November 2,1821. He was de­ecended from Ant.hony 8ometby, one of the clerks of courts in Eeaex County in the seventeenth century. He attended school at Wayland, and read law with Edward Menen, beiog admitted to the bar in 1844. He practiced in Wayland until 1M2, when he re­moved to Waltham and. joined with Josiah Rutter in a law partnership, which continued until IM8, when be removed to.Boston •. During hla career be occu­pied offices in Gray'. Building on Oourt Street, in the old State-House and Bears Building. He died at South Framingham July 24, 1879, leaving a IOn, Bam­nel Eiliworth 8omerby, who graduated at Harvard the year of his father'8 death. Mr. 8omerby.was a man of large frame aDd with mental powers in har­mooy ",ilh hll physical.. B;e prac~iced largely at the

Middlesex bar, where he early acclJ8tomed himaelf to the legal blow8 which ita members were in the habit of giving and receiving •. He was especially diastin­guished aod 8uCC8llfui before a jury, and lOme of his greateet triumpha, in criminal cues particularly, were due to the boldness, almoet heroic at times, with . which he presented his cue. The acquittal of Leav­itt Alley, on trial in Boston in 1873 for murder. will ever stand as a monument to hie courage aDd Ihrewd­n.... The line of his defense was a hint, 10 shrewdly given that it rather origioated the suggeetion in the minds of the jurymen themselves than palled hil.own lips, that the IOn of Mr. Alley was the real criminal. The pri80ner'8 witn8S881 and the CI'08I-ezaminatioD of t.he witn8S8" for the Government were lO.handled as to necessarily convey, through unaeen and unez­pected channell, this hint to the jury, and the refusal to put the boy on the stand, t.hough it was we11ltn"wn that he was convenant with many of the incidents of the all'air, erved to carry tbil hin~ home with a force that was lure to have aD ell'ect. The trial luted ten or twelve days, and the straio upon nerve and brain was 10 severe that Mr. 80merby never fully recovered from the proetration whie)l it indueed.

GEORGB WASHINGTON· WARUN was born in Charlestown October 1, 1813,. and was the IOn of Iliac and Abigail (Fiske) Warren, oftha~ town. He was deacended from John War,.n, who appeared in New England in 1630. He graduated at Harvard iO.1830. Be married, in 1836, Lucy Rogers, daughter of Dr. Jonathan Newell, of Stow, and had a IOn, Lucius Benry Warren, born in 1838, who graduated from Princeton in 1860, and from the Harvard Law School in 1862. Hia first wife died September 4, 1840,'and he married, second, Georgiann.., daughter of Jona­than aDd SUlln Pratt Thompson, of Charlestown, by whom be had two IOn8 and three daughters. Mr. Warren settled in the practice of law in hiR native, town, and 10 1888 was a representative to the General Court, and 8enator in 1853-54. After the incorpora­tion of Chatlestown as a city, by an act pUled Feb­ruary 22, 1847, and accepted March 10, 1847, Mr. Warren was chosen ita first mayor, and contioued in office three years. From 1837 to 1847 he was secre­tary of the Bunker Hill Monumeot Auoelatiou, and from 1847 to 1875 ita president. He al80 wrote a hia­tory of the usociatlon. In 1861' he was appointed judge of the Municipal Court of the Charlestown Di .. trict, and remained on the bench until his death, which occurred at :&ston May 18, 1888.

OHARLES CoWLEY was born in Eastingt.on, Eng­land, January 9,1882. He came to New England with his' father, who settied as a maDufacturer in Lowell. With a common-school education, he read law in the office of Josiah.G. Abbott, and was admit­ted to the Middlesex bar in 1856. He was in both the army and navy during tbe war. Mr. Cowley has, aside from his profeRIion, devoted himself creditably to literary pursuits, aud in politiea has 80ught to pa:o-

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!xiv HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

mote the welf'are of the laboring man. Lowell has alwaya been his residence lince he came to America.

JEllBKU.H OROWLBY "ae born in Lowell, January 12, 1882, and is the son of Dennis Orowley, of that city. He was a member of the Si:I:th M&IIII&chusette Regiment during ita three monthe' campaign in 1861. He read law in the oflice of John F. McEvoy, of Lowen, and wu admitted to the Middlese.z: bar in 1869. He baa been a councilman and alderman of Lowell and a member of the State Senate. He ie in the enjoyment of a lucrative practice in his native city.

BBNJAKUf DBAN "ae born in Olithero, England, August 14,1824, and wae the IOn of Benjamin and Alice Dean. Hie father came to New England and settled in Lowell, where the aubject of thia sketch re­ceived hla early education. After ODe year hi Dart­mouth OoUege, Benjamin, the IOn, entered, ae a atud· fnt, the law-office of Thoma. Hopkinson, of Lowell, and "aa admitted to the bar in 1845. He practiced law in Lowell about seven yeara and then removed to Boston, where he haa lince resided. He hae l.een a member of the State Stnate thrt'e yeare, a member of the Boston Common Cuuncil four years and repre­&ented the Third Diatrict in the Forty-fifth OonlJ:818. For a number of yean he hae been a member of the Boaton Park Commi.lol). He married, in 1848, Mary A., daughter of J. B. French, of Lowell • . PHILIP J. DOHBRTY W8I born 1n Oharlestown, January 27, 1856, and at. the age oftwenty graduated at the Boaton Univeraity Law School. He wae ad­mitted to t.he bar i:l 1877 and haa since practiced hie

, . profe88ion in Boaton. He haa been a member of the Houae ofR~presentati ves and a member of the Board of Aldermen of Bostou. He married, August 16, 1878, Oatharine A. Butler, of Charleetown.

GEORGB STEVBNS, IOn of Daniel and 'l'abltha (Sawyer) Stevens, of Stoddard, New Hampahire, waa born in that town October 28, 1824. He wae de­lcended from John Stevena, of Obelmsrord, 1662, through John, Henry, Daniel and Daniel. He gradu­ated at Dartmouth in 1849, and read law wit.h Ira A. ElUltman, of Gilmanton, N. H., and with Moses N. Morris, of Pittefield, M... After teaching school two or three yean he W88 admitted to the bar in 1854, and aettled in Lowell, where he establillhed a lucra­tive practice and wae city solicitor in 1867-68. He married, September 19, 1850, Elizabeth Rachel, daughter of James Kimball, of Littleton, by whom he had three children, one of whom, George Hunter Ste\"enl, waa his partner at the time of hie death, which occurred at Lowell, June 6, 1884.

JOHN SULLIVAN LADD, son of John and Profenda (Robinson) La4d, of Lee, New Hampahire, wae born in that town July 8, 1810. He graduated at Dart­mouth in 1885, and read law with John P. Robinson. After teaching two yeare he settled in Oambridge in 1889, and married, in June, 1841, Ann, daughter of David Babson. September 5, 1847, he- married 'Mary

Ann, daughter 0' Samuel Butler, of Bedford. He repreaented Oambridge in the General Oourt, wae a member of the Oonstitutional' Oonventlou in 1858, a member ot the Oommon O.,uncil and in 1851 its pres­ident. He wae trial justice lOme yean, and in 1854 waa made judge of t.he Police Oourt in Oambridge, which poaition he held twenty-eight years.. He died at Oambridge, September 6, 1886. . OHARLBS R. TRAIN, 80n of Rev. Oharles Train, of Framingham, wae born.in that town Oct. 18, 1817. His father had two wlves~Elizabeth Harrington aud Hepsibah Harrington, the latter of whom was the mother of the subject of this sketch. He wae de­scended from John Train, of Watertown, an early settler. He attended the public schools of Framing­ham and the Framingham Academy, ud graduated at Brown in 1887 •. He read law in Oambridge and wae admitted to the bar in 1841. Ho settled in Framing­ham, representing that town In the General Oourt in 1847, and in the Oonstitutional Oonvention in 1853. He wei diatrlc, attorney from 1848 to 1855, a member of the Oouncil in 1857~8, member of Oongress from 1859 to 1868, again a member of the General Oourt iu 1871 from Boston, and Attorney·General of M&88&chueetta from 1872 to 1879. He removed to Boston about 1866, and died at North Oonway, New Hampshire, July 29, 1885.

GEORGE HENRY GoRDON wae born in· Cbarles­town, July 19, 1825, and graduated at West Point in 1846. He entered the mounted rifles and aened under General Scott in the Mexican War. He waa Reverely wounded at Cerro Gordo and breveted first lieutenant for gallantry in the field. In 1858 he ",ae made full Ant lieutenant, and resigned in 1854, en­tering the Cambridge Law School and being admit.ted to the Suffo!k bar. In Us6l he raised the Second Regiment of M .. achulette Volunteen, and AI its colonel wae made military governor of Harper'. Ferry. In 1862 he commanded • brigade under General Banke and wae made brigadier-general of vol­unteera Jhne 9, 1862. He wae at the seCond battle of Bull RUD and at Antietam •. He wae also engaged in operations about Charleston Harbor in 1868-64, and againat Mobile in August, 1864. He wae breveted major­general of volunteers April 9, 1865, for meritorious services. ARer the war he wae at one time United States collector of internal revenue, and practiced law in Boston until his death, about 1885 or '86.

THOMAS A. BBARD wu born in Littleton, New Hampahire, and practiced law in Lowell from 1842 to 1856. He W&8 appointed a.IBtant treasurer by President Pierce aud died November6, 1862.

GBOBOB FUNCIS RICHARDSON was born on Dec. 6, 1829, at Tyngaborough, Mua. He is the IOn of Daniel and Hannah (AdamI) Richardson, hil father having been an attorney-at-law and a prominent citizen of Tyngaborough. The anC'.eston of both hiB parents were honorably identified with the early history of New England. A more e.z:tended notice

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, BENOH AND BAR. lxv

of the ancestry and family of Mr. Richardson is to be found iu theaketch of the life of his older brother, Daniel S. Richardson, on another page of this work.

Having pursued· his preparatory course of IItody in Phillips Academy, EEeter, Mr. Richardton en­tered Harvard College in 1846, at the age of slxteel1 years. Upon hi' graduation from college he en­tered t.he Dane Law Sch,lOl in Cambridge, from which, at the age of twenty-three years, he gradu­ated with honor, baving received the tlrst prize for an eB8&y. . After being admitted to the bar and practicing

law in Boston for two years, in 1858 he entered as partner the law-office of his brother, Daniel S., be­ing in that position the sncceaaor of his brother, William A. who had been appointed judge of Pro­bate and Insolvency for Middlesex County. The firm of DanJel S. and Geo. F. Richardson has now continued thirty-two years, holding at the bar of Middlesex Count.y a very high reputation for legal learning and professional honors.

Though devoted to the practice of his profeaaion, Mr. Richardson never forgeta that he ia a citizen of Lowell. He is always alive to all that pertains to the welfare and honor of the city. Especially when the War of the Rebellion made ita first demand up­on the self·sacrifice and patriotism of the people, he Rtood forth as the trusted and accepted leader, and inspired his fellow-citizena with courage and hope. By his efforta a company was promptly railed and equipped in Lowell, which had the honor of being the first company of three-years' men formed in the State of Maaaachusetts. It was organized on the evening of the 19th of AprU, 1861, the day on which the Sixth Regiment marched throngh Balti­more. In his honor it received the name oC the Richardson Light Infantry. ' .

Mr. Richardaoll baa been placed in very many po­sitions.of trust and honor. In 1862 and 1868 he was a member of the Common' Council, and occupied the lWDe posit.ion, as president of that body, which his brothers, Daniel 8. and Willi!UD A., had filled before him. In.1364 ~e was in the Board of Alder­meu. Iu 1867 and 1868 he was mayor of the city, having received his aecpnd election almost without a dis­senting vote. As mayor oC the city he filled the posnion with great popul&r acceptance. Hla profea­sional practice had well equipped him for the per­formance of the ordinary duties of the office, 'and his int.ellflctual culture and gr!'Ceful addreae brought honor to the city on all publicoccasiona. In 1368 he W88 a member of the Republican Convention at Chicago which nominated Gen. Grant (or his tlrst election. In 1871 and 1872 he wila a member of the Massachusetta Senate. At the close of his service as Senator, Mr. Richardson was brought to t.he decision of a V8f1 important quest.lon in rlllp8Ct to his' future career. On one hand was the alluring prospect of political advancement, for he had already made a

E

flattering record, and he possessed all the qualitiea of a successful political leader. On the ot.her hand was his chosen profes~ion. He could not hold both; he must choose one and reject t.he other. He de­liberately chose his profession, and now for eighteen years he has conscientiously and very successfully devoted himself to ita arduous duties. Meantime he has filled such positions in BOcial and civil life as came to him as a good citizen, having been. city solicitor, member of the School Board, trustee of the Cit.y LibrlU'y, president. of Middleaez: Mechanic Associa­tion, director of the Traders' and Mechanics' Insur­ance Company, a direCtor of the Prescott National BAnk, of the Stony Brook Railroad and of the Ver­mont & Maaaachusetta Railroad, and president oC the Lowell Manufacturing Company~ He bas aI80

been president of the Unitarian Clob and of the Ministry-at-Large. As trustee oC the Boston Water­Power, he has borne the important responsibility of the sale of land to the amount of about three mil­lion dollara.

Mr. Richardson is fond of literary pursuits: He lovea his library, which is especially rich in the old Eng­lish claaaica. Few literary men POBBess so large and so unique a collection of the various editions of the plays of Shakerpeare. He is a connoiueur in Shakespearean literatu~e, and his articles given to the pr8!S in defence of the claims of William Shakespeare as the veritable aut.hor of the plays 80

long attributed, to him, exhibit a thoroogh mastery of his subject and a wide range of literary attain-men~ .

ISAAo O. BARNES was in the practice of law in Lowell from 1832 to 1835 inclusive. His name ap~ pears .in the first directory published in 1832 with an office on Cent.ral Street. It is pOSBible that he mar have been in Lowell before the directory was issued. In 1883 he was aaaoci~ wit.h :t"rancla E. Bond, hav­ing an office in Railroad Bank Boilding and boarding at the Mansion House. In 1834 his office was in t.he same building and in 1835 he appears in the directory as aaaociated wit.h Tappan Wentworth in the same building. He probably removed to Boston in 1836, where he was at one time United States'marshal. He died at the Bromfield HOUle on Bromfield Street in that cit.y; if the writer remember. correctly, where he made his home for many years.

o EDWARD F. SHERMAN was born in Acton February 10, 1821, and went when a -child to Lowell, where he remained until 1839. He graduated at Dartmouth in 1843 and before entering on the study of law was for a time principal of the academy at Oanaan, New Hampshire, and of the academy at Pittsfield, Maas­achuset~ In 1846 he returned to Lowell, where he read law with Tappan Wen~worth, whose partner he was (or eight years. 10. 1855 he was chosen secre­taJy o( the Traders' and Mechanica' Insurance Com­pany, and held this office sixteen years. He was a director in the Prescott National Bank, trustee of the

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HISTORY OF MIDDLI5EX COUNTY, MASSACHUSETTS.

Mechaniea' Savlngl Bank, repreaentative in 1861 and 1866, a member of the School Committee, in 1870 a member of the City Government, and in 1871 mayor, He died February 10,1872.

WENDELL PHILLIPS, IOD of John Phillipl, the timt mayor of Boston, wa born in Boston, November 29, 1811, and graduated at Harvard in 1881. He at­tended the Harvard Law School and read law in the officeaof Luther Lawrence and Thomas HopkiDlon at Lowell. He wu admitted to the Middleau bar in 1884, but never practiced in Middleaex County.

CHESTER W. EATON Wal born in Wakefield Jan­lIary13, 1889. He graduated from the Scientific De­partment of Dartmonth College in 1859, and after reading law at the Dane Law School wu admiUed to the bar in 1864. Af\er lOme ream' practice in Wake­field and Boaton he has devoted himself largely toUt­erary and buainen pumnitl and hu held various im­portant and responlible offices in hiB native town. He married,in 1868, Emma G., daughter of Rev. Gil. Leach, of Rye, New Hampshire.

GEOROE MILLER HOBBS wal born in Waltham April 11,1827, and is the IOn of William and Maria (Miller) Hobbl, of that town. He graduated at Har­vard in 1850, and at the Dane Law School in 1857.­He wu admit~ to the bar in Boston in 1858, and entered practice with Hon. Edward Avery, with whom he hu ever linee been AIIociated. He hu been a member of the Honle of Repreaentativea and of the Roxbury and Boston School Boardl. He married, October 26, 1859, Annie M., danghter of Dr. Samuel Morrell, of Boston.

CH.UtJ.ES SUMNER LILLEY wu bolo in Lowell' December 13,1851, and- was the Ion of Charlea and Cynthia (Huntley) Lilley, of that city. He read law in the office of Arthur P. Bonney, of Lowell, and wu admitted to the bar in 1877. He hal been a member of the Lowell Board ~f Aldermen, of t.he State Senate and the E:ecutive Council.

CHARLES JOHN MOINTIRE was boru in Cambridge March 26,1842. He read law at the Dane Law School and WII admitted to t.he SufFolk bar in 1866. During the punuit of hil law studi .. he lerved as a private in the Forty-fourth MAllaehuletts Regiment.· He ha been a member of the Cambridge Common Coun­cil, of the Board of Aldermen of tbat. cit.y and a mem­ber of the HOUle of Reprelentatives. For three years he wu 8.3Iistant diBtrict. attorney for Middleaex

·County, and il now city IGllcitor of Cambridge. He . married, in 1865, Marie Terese, daughter of George B.

Linegan, of Charleatown. JOHN H. MORRISON was born in Weatford Decem­

ber 23,1866, and is the IOn of John and Bridget Mor­rison, oC that town. After a term at Harvard short­ened bYlicknell, he read law in the office of William H. Andenon, of Lowell, and at. tbe Dane Law School, trom which institution he graduated in 1878. He waa admitted to the bar in 1879 and hal lince prac­ticed iD Lowell. He hu been a member of the Lowell

School Board,- of the Houae of RepruentatiTea and tbe State Benate. He married, in 1884, Margaret L., dl&ughter oC James Owen, of Lowell.

BENJAMIN FRANKLIN BUTLER il the grandaon oC Zephaniah Butler, of Woodbury, Connecticut, who le"ed in the Contin,ntal Army in the War of the Revolution. The father of Benjamin wa John BIlt­ler, of Deerfield, New Hampshire, a captain of dragoonl durIng the War of 1812, a follower in war and an admirer in peace of Andrew Jackson, for whom the eldeat of ,Jlis two 1001 wu named. After the war Jobn Butler eDgaged in trade with the Weat Indiea and died in March, 1819, of yellow fever at one of the Weat India illanda, leaving his widow, with two young children and only a ecaDty sharI! oC worldly goods, to make her way and theim in the world. The younger child, Benjamin Franldln, the lubject of this aketcb, WII born at. Deerfield on the 5th of November, 1818,on]y four montha before hil Cather'l death. He WII adellcate child, and, like many a delicate child be­fore and lince, poueaaed a precocioul mind, which .ought with avidity wherever it could be found that mental food on which it. WII deatined to develop and mature. He attended the common Icbooll of hi I native town, and the few boob which came in his way he ea­gerly devoured. It WII U true with him as with othem that a few books thoroughly read gave an impulle to thought and nourisbed the intellectual POW8rl more lurely tban that desultory reading which the bounti­fulUbrary often leadl to, and which endl in a lcatter­ing mind without definiteneaa of action or a power of concentration. A lingle book,no matter what ita t.itle or contents may be, read carefully and reread sentence by aentence will in every word luggest. a thought which, in ever-wideninK circles, finally COV8rl

and includel the whole field which the mind of man is able to lu"ey. AI concentrated food nouriahea the Iystem more tban a bountiful but unAllimilating IUpply,1O the few plain,limple boob to.which young But]er had aecen met. exactly the wanta of mental digeation, uerciliog and nourishing it without. dis­tracting and dilOrdering it.

In 1828, Mn But]er removed to Lowell, where, by taking a rew boatden and carefully living her gainl Ihe became able to gi\'e to hel' children a better edu­cation than Ibe had ever dared to expect. Benjamin wu lent to Phillips Academy at Exeter, and in 1884, at the age of aixteen, was aent to Waterville College in Maine. At. that college there waa a manual de­partment. in which theatudenta worked three houm in each day, thul earning a moderate amount ofwagea to help pal the coat of their education. Here young But­ler earned IIOmething, but still left college in 1888 lomewhat in debt for hil college upeDies •. During hil college life t.hole keen POW8rl of argument and Ipeech, which have lince characterized him, mani­fested themaelvea, and his Cellow-itudentB recall many an arena in which he came oft' victorioUl.

After leaving college, oppreued by debt and with

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BENCH AND BAR. b.vii

health'impaired. he went with an uncle on a fishing voyage to the coast. of Labrador, and, u he 1&1a him-1181r, "hove a line. ate the flesh and drank the oil of cod, came'back after a four montha' cruise in perfect health, and had not another sick day in twenty yeai'll." The discnuiona in which he of len took part at Waterville, were either the relult of a naturally controvemal taste, or were the mean8 of developing one, and in leeki~g a course of life to 10110", he almost u a matter of course aelected tho) profession of law. He entered the office of Wm. Smith, of Lowell, the fathe .. of Henry F.Smith, whOll8 name wu aner"ards changed to Durant and who became di"tlnguilhed at the Suffolk bar. , '

In 1841 he was admitted to tbe Middlesex bar. On hi8 examination for admi.ion by Judge Oharles Henry Warren, then holding a aelllion of the 'Court of Common Ple&I', qUestlODB were put to him wh08e an8wen impressed the judge with hia acquirement. in the principles 01 law. It happened that on the day 01 the examination a case was on trial before the judge in whicli the question of admiUing certain evi­dence had IOmewhat puwed him. Tbe cue wu Robert Reed againat Jenn088 Batcheld~. whicb wu carried finally to tbe Supreme Court on exceptioDB, a:Jd is reported in the fillt o( Metcalf, p8ge 529. It W&8 an action ofa81umpsitona promi8lOry note given by the defendant, when a minor, to Reed & Dudley, July 26, 1835. and payable to them u bearer. Tbe defence of course was infancy. But in July, 1839, while the note W18 in t.he ~anda of the promisaeea,

• and after the defendant had come of age, he verlJal\y renewed his promi8e to pay, to Henry Reed, one of the firm of Reed & Dudley, and the note W&I 8ubse­quently endoraed to Robert Reed. the plaintifF. Tbe plaintiff'a offer to put the renewal of the promise in evidence WM objected to by the defendant'a counael, and on the day of the uaminatlon above referred to, Judge Warren 'had austained the objection. Mr. Butler had been, present during the, trial, and the general question WM asked him by the judge, what • lfect luch a renewal of promise would have, and what he thought of hie ruling. The etudent replied that he thought the rtlling wrong and tbe note good. "Why," aakedthejudge. "BeeaOle," wcl thestudent, "the note wu not void but only voidable, and when the verbal promise was made the note becsme at once negot.ia.ble." The nut day the ju~ge revelled his rul­ing, exception wu taken and the case carried up. Judge Warren afterwards complimented Mr. Butler on his, ready and jUlt application of the principles of law to the case in question, and acknowledged the influence it had on his mind. Judge Shaw, in the opinion of the Supreme Court, overruled the excep­tion, and decided that though the renewal of promise was made verbally to Henry Reed, one of tb.e firm of Reed & Dudley, itat once became negotiable, and in the handa of Robert Reed, to whom it waa paued, w_good.

Mr. Butler settled in Lowell, and 1'OIJ8 rapidly ,in hia profeuion, as he could acarcely fail to do with his learning in the I.", hia infinite reaource, hi8 boldnet8 and pelliatency in every case in which he was en­gaged, and his readine48, with or wllbout fet', to, re­lieve the auffering and oppreased. His practice lOOn utended beyond the limit. of his own county, and in the court. of Suffolk he became a familiar object of interelt. It is unneceBBary to .. y that the IOn of a friend' and admirer of Andre" JacklOn, he was from childhood a Democrat, fully imbued with thoee principles, not alwa11kept in vie,v, for the,lupportof which the Democratic party was created, and which will keep it alive through all mutationa as long as our naUon exiata. He believed that a too great centrali­zation of power in the hands of the general govern­ment wu a danger to be avoided, and that the right. of States, not to recede from the Union, but to main­tain and retain certain functions, were absolutely _ntial to our nation'8 permanent existence and wel­fare. A nation with all the strellgth and denuty of power at it. central point, could be M weak as an army with depleted wingS, which the alightest diaorder would break and destroy.

AI a Democrat, Mr. Butler early engaged in politi-cal activity,and almoallrom the date of hit admilliion to the bar his voice has been heard in political con­ventions and on the ltump. His earliest _y in the political line was at Lowell, in which he aucceeafully advocated the ten-hour rule, in the factorlM of that town. He was a member oftbe HoulI8 of Represen­tativea of Maaaachuaetts in 1868, and in the Bame year a delegate to the convention for the revision of the State Constitution. While a member of the ~OUll8, George Bliu, of Spring6eld, was the Speaker, and the Whig party WDI in thCl Mcendant. Otia P. Lord, of Salem, was tbe Whig leader of the HoUle', and, by his great abilities and unconquerable will, held the Speaker under his control, and alwaya obe­dient to his wiah. The altercatloDB between Mr. Butler and tbe Speaker were numerous, and Mr • Bli. waa only extricated from tho perplexities into which he WM repeatedly led by the ingenious devices' • of hll Democratic opponent on the floor, by the help-ing hand of Mr. Lord. Practically, while Mr. Bli. WM the chOll8n occupant of the chair, Mr. Lord was Speaker, and Mr. BU. wu only his mouth-piece. On one occ18ion, when the Speaker, at the behest of Mr. Lord, had added another to the long li8t of rulings which Mr. Butler'&! pointa of order had received, he Baid, .. Mr. Speaker, I cannot complain of these rulings. They doubtlOl8 8eem to the Speaker to be just. I peroeive an anxiety on your part to be jUlt to the minority and to me, by whom at this moment they are represented, for, like Saul on the road to Damu­CUI, your conatant anxiety aeema to be, "Lord, Lord, what wilt thou have me to do.'''

Mr. Butler was in the State Senate in 1859-60, and, in the former.·year performed an important part in the

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revision of t1le statutes. In that year the writer was with him in the Senate, and had abundant opport,u­nlties to oble"e and measure the various qualitles of his head and heart. Though oppoaed to him in poli­tics, he was not lufficienUy blind to fail to dilcover thOle traits of character which have attracted to him the circle of friends which, like satellites, he has always carried with him in his social ud politieal orbit. He dialeloeed t.wo sidea-a sharp bitterness of antagonism, ud the warmest of hearts; a harshness of deportment at one time, and at another a polish of manner ud conversation not ealily e1tcelled ; now inspiring 'thoae about him wir.h fear, and again as genUe as a child, as affectionate as a brother, as lov­ing as t.he dearelt friend. His character seemed to conlist of extremes; like the extremes of the magnet ~ne at.tracted, the other repelled, and no one looked on him with entire indifference. So, in his treatment of men, as he could be implacable in his antagonism he could never forget a friend or be faithleaa to hi. interellts. Indeed, it has seemed to the writer as if hie regard for friendship aud ita obligations were the in­spiring cause of that leeming bitterne81, which he baa exhibited towards those who have attacked and de­nounced him.

The Superior Court, established by the Legillature of 1859, waa mainly the work: (if hil hudl. The old Oommon Pleas Court had, with the material of which it was mainly composed, evidently outlived its useful­ne88, and the bill creating the new court was drawn by Mr. Butler, ud has ltood the tests of time and c:rUicism. The retiring court, consisting of Edward Mellen, chief justice, lind Henry Walker Bishop, George Nixon Briggs, George Partridge Sanger, Henry Morris and David Aiken, UIOciatea; gave way to the new court, conlisting 01 Oharles Allen Chief Justice, and with him as 8IIOciates, Julius Rockwell, Otis Phillips Lord, Marcus Morton, Jr., Seth Ames, Ezra Wilkinson, Henry Vose, Thomas ;RnuelJ, John Phelps Putnam ~d Lincoln Flagg Brigham. : In 1860 Mr. Blltler, having paaaed through the

• ~ariou. preliminary grades, was brigadier-general of the militia, with headquarters at Lowell. In that year he was a delegate to the Democratic National Qonventlon held at Oharleston in April. Hil presence was a familiar one in Democratic National Conven­tiona, as he had never failed to attend one since the Domination of James K. Polk in 1844. Mr. Parton laya that" he went to Oharleston with two Itrong con­victions in hill mind. One was that conceeaiona to the South had gone ... far as the Northern DemocracT could, ever be induced to go. The other was that the fair nomination 01 Mr. Douglas by a National DemocratJc Oonvention was impo88ible!' General Butler was a member of the committee to construct a plat.form. The 'committee divided, making three reporta-one by. the majority adhering to the demand (or a slave ~e for the Territories and protection to

tbe slave trade; one by the minoritT, refening all queltiona in regard to the rights of propertT in States or Territories to the Supreme Court, ud one bT General Butler, reaffirming the Democratic principles laid down at the National Democratic Convention at Oincinnati in 1856. The report. of General Butler was adopted, but a nomination failed to be made, and the convention adjourned to meet at Baltimore on the 18th of June. At Baltimore the convention was again divided. The Douglas men nominated their claief for ~he PreaidencT, ud Herachell Johnson, of Georgia, an avowed dilunionilt, for Vice-President. The other members of the convention retired and nominated for President John Oabell Breckenridge, of Kentucky, and Joseph Lane, of Oregon, for Vice­President. General Butler was one of the supporters of the latter nominations. The Douglas platform said, "We do not know whether alaverycan exist in a. Tenitol1 or not. There il a difference of opinion among ua upon the lubJect. The' Supreme Oourt mUlt decide and ita decision shall be final and' bind­ing!' The Breckenridge platform aald: "Slavery lawfullT exists in a territory the moment a Ilave­holder enters it with his slaves. The United States il bound to maintain his right to hold slaves in a Territory. But when t.h,e people of a Territory frame a State Constitution theT are to decide wh~ther to enter the Union as a slave or free State. If as a slav~ State, they are to,be admitted without question. If as a free State, the slave-owner mUlt retire or emanci­pate." In addition ~ .the two tickets of the pemo­cratic party, there was the ticket of what was called • the Bell and Everett party, with John Bell, of Ten­ne81ee, for President, and Edward Everett, of Maau­chuaetts, for Vice-President, which conltructed no platform and expreued no opinion.on the question of Ilavery then at iaaue, and the ticket of the Republi­can party, with Abraham Lincoln for President and Hannil!al Hamlin" of :Maine, for Vice-President, which distinctly opposed the Gtenelop. of Ilavery into the Territories.

General Butler returned to Maaaachusetta and to Lowell an Unl)()pular man, but defended hie course with ability, though without IUoo8lllo He was the candidate for Governor on the Breckenridge ticket and received only lix thoUll&nd out of one hundred and seventy thousand votes. He had previously been the Democratic candidate for the same office, and received fifty thouaand !otes.

In December,1860, Mr. Lincoln having been chosen President in November, General Butler we~t to Washington, and, in companT with Southern Demo­crats, d~lared himself in unmistakable terms againat any attempts to break: up the Union. No Republican was more emphatic in his denunciation of the treasonable language which 'he heard. Hia friendl at the South insisted th., the North would Dot fight against sece88ion. He told ,hem that the North would fight, and that jf the South went' into a war there

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would be an eiad to 1I1a.,e'1. " Do you mean to fight your.elf?" th91 uked. "I would," he said, .. and by the grace of God I will." South Carolina seceded, and it wu expected that a delegation would come to WUhington to present the ordinance of aeceaaion to

. the President. Mr. Black, the United States Attor­ney-General, had given it u his opinion tbat the pro-

. CNdings of South Carolina were legalJydeBnable as a "riot," wbich, the forcee of the United States could not be legally used in suppreaeing. Geuera\ Butler said to the Attorney-General: •• You 8&y that the government cannot use its army and na.,y to coerce South Carolina in South Carolina. Very well, I do not agree with you; but let the proposition be gran~ Now, seceaaion is either a right or it is treason. If it is a right, the sooner we kno" it the better. If it is treason, then tbe preaent.ing of the ordinance or secession is an o.,ert act of treason. These men are coming to the White House to present the ordinallce to the President. Admit them. Let them present the ordinance. Let the President 8&y to them: • Gentiemen, you go hence in the custQciy of a marshall of the United States u prisoner. oC state, charged with treason againlt your country.' Summon a jury here in Washington. Indict the com­miaionen. If any of your officers are backward in acting, you han the appointing power; replace them with men who feel as men' should at a time like this. Try the commiAioneft before the Supreme Coun, with all the imposing fOnDS and stately ceremonies which marked the trial of Aaron Burr. I have some reputation at home as a criminal lawyer, and will stay here and help the District Attorney tbrough the trial without Cee or re"ard. If they are convicted, execate theseatenca. If they are'acqultted,you will ha.,e done something toward leaving a clean path for the incoming administration. Time will bave been gained; but the great advantage will be that both sides will join to wateh this high and dignified pro­ceeding; tbe passions oC men will cool; the great point. at i88ue will become clear to an parties; the mind of the counl.l'y will be active. wbile paMion and prejudice are allayed. Meanwhile, if you cannot use your army and aavy in Cbarleston Harbor, you can certainly employ them in keeping order bere."

The war Collowed, and on tbe 15th of April, 1861, Fort Sumter had fallen, and the·Presideat's procla­mation for troops was iuued., A brigade of four regi­merits was calied Cor from MlI888.Cbuaetta, to be com­manded by a brigadier-aeneral. The Third, Fourth, Sixtb and Eighth Regiment. were selected to go. The .Third and Fourth went by water to Fort Mon­roe; the Sixth went byland, meeting its well-known experience in its passage through Baltimore, and on the 18th of April, with tbe Eigbth Be«iment, Gene­ral Butler, the brigadier-general selected, started by rail for Washington. From thi. point, duriog his service in the war, his history Corma a part oC the hlatory of his ~ntry. His arrival at Annapolis by

water from Havre de Grace, bis rescue of the Crigate "Constitu'ion," his p088eaalon oC Annapolis and tbeN a­val Academy, bis reconBtruction of the railroad track: to Annapolis Junction and bis poaseaaion of Balti­more are related on too many historic pages to be repeated in thiB narrative. '

The occupa~ion of Baltimore by General Butler was not approved by General Scoti, who sent to him, on the 14th of May, the Collowing despatch: "Sir, your bazardous occupation of Baltimore wu made without my knowledge, and, of course, without my approbation. It is a God:.end thM it was without con­flict of arms. It 'is also reported thM you have sent a detacbment to p:rederick; but this is impo!l8ible. Not a word have I received from you as to either move­ment. Let me hear from you." This despatch struck: the general witb surprise, as the various despatches received by bim from Colonel Hamilton, then on tbe staff of the lieutenant-general, certainty warrauted tbe movement he bad saccenCu\ly made. General Butler was lOOn aRer removed Crom the Department of Annapolis, which included Baltimore, and commis­sioned major-general of vo\1.Jnteera, in commend of tbe Department of Virginia and North Carolina, with headquarten at Fort Monroe. In explanation of the conduct of General Scott' it may be said tbat he bad planned a combined movement against Baltimore.of 12,000 troops, in four ~lumns, marching from dift'er­ent posts, and was somewhat chagrined to find tbat General Biltier bad accomplished tbe occupation of the city with a'small body of soldien without blood~ ahed, and without-even t.be sfmblance or reaiBlanca.

The commiuion of General Butler u major gene­ral was dated May 16th, two days after his occupa­tion of Baltimore, and thus he became, in reality, the senior major-general in theaervice of the United States. It is believed, however, that General McClellaa' and General Banks received ante-dlltted commi88ionaafter­warda, ana thus on paper, but not in Cact, became bis senion. The writer 8&W General Butler at Fort Monroe lOOn after he assumed command at tbat fort, and during the period oC. Cour days had an opportun­Uy of oNerviog his aptitude for military aff .. ira aud the growth of di.cipline among the three montbs' men stationed at the fort. •

Early in August General BaUer was relieved of his command in the Department of Virginia and North Carolina, and General Wool was' appointed in' bis place. Hi .. removal, however, was caused more by a' desire on the part of the War Department to place a skillful and experienced officer of the army in aetive service than by any dissatisCaction wi,b. tbe manner in wbich General Bu~ler had perCormed his duties. One of the flnt acts of ,General Wool WBI to place Gene­ral Butler in command oC the volunteer troops out­aide the fort. This command included. nearly all the troops in the department. Few were io the Cort itself, but the coustantly-arriving regiments were stationed 'at Hampton, Newport Nen and'other pqints il1 \hit'

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vicinity. Most of these were fresh troops, lately en­Jieted and equipped, and needed the mOtot rigid o.,er­aigM and discipline to prepare them for active ser­vice. Not Jong aner be was placed in command of an expedition to reduce the forts at Hatteras Inlet, wbich aailed Augullt 2211, and pro.,ed succeaaful. On his return from that expedition hia command of the troops outside Fort Monroe ceased and he returned to Washington. From Wahington he came to Mas­slchuaeUe, having received from the War Department an order, iaaued September 16, 1861, "to raise, or· ganize •• rm, uniform and equip a volunteer force for the war. in the New England States, no~ exceeding six regiments of the maximum etandard of such arme, and in euch. proportions and in such manner a be may judge expedient; and for this purpose his orden and requi. Uions on the quartermaster, ordnance and other staft' departments of the army are to be obeyed aud anawered; provided the coat of I!uch recruitment, armament and equipmentdoea not exceed, in the ag­gregate, that of like troops now or hereafter raised for the aervice of the UnlteCl States." . These troops embarked from Boston Feb. 20, 1862, under the command of General Butler, and aner the reduction of Fort St. Philip and Fort Jackson, on the Miuiuippi River. and their surrender to Admiral Farragut, May 1st, he took poaaeaaion of New Or­Jeana, and remained in command of the Department of the Gulf until the arrival of General Banks, on the 14th of December, 1862, wbo, under a general order dated November 9th, Ulumed command. The caDle of hie removal was doubtlell.a diplomatic one, in which the French go.,ernment was involYed, hav­ing its origin in the treatment of French neutral. by GenerAl Butler, which our government really ap­proved, but which, throngh French spectaelea. it might seem to disapprove by the removal of the gen· eral at whose hands it was received. If General But­ler bad done nothing in the war prior to tbe occupa­tion of New Orleans, and nothing aner he wa re­lieved of his command of the Department of the Gulf, hie administration of alf_lra in that city alone would eecure to him abundant and lasting fame. The limit.a fixed for this narration will not permit a de­tailed account of its brilliant incidents. It is a little singular that by hie acta in that city he should have dulled the glor1 of Andrew Jackson, the master of his youth and age, by robbing him of one of his titls, and becoming himaelf the hero or New O.)eans.

He was appointed to the Department of Virginia and North Clll'Olina, and during the campaign of 186! be .participated in the military operat.iona before Petenburg lAnd Richmond aa commander of the Army or t.he Jam.. In December, 1864, he commanded' an expedition against Fort Fiaher, and in November. 1866, resigned his commi"ion. From 1866 to 1871 he wa a membp.r of Congrese from the Euex Dil' trict, and in 1868 one of the managen or the im­peachment trial of Preaident JohDBOn. At ~e Re-

publican State Conveation in 1871 h' wa a Clndi­date (or nomination for Governor. and der.ted by William B. Washburn. In 1879 he wasan independ­ent candidate for Go.,ernor, and in 1882 he was chosen Governor by the DemOcratic party, and served throttgh 1883. In 1883. on his r,-nomination, he was . defeated by George D. Robinson. He is still, at tbe age of aeventy-two, enjoyillg and aucceufully man­aging a large practice, and as a statesman and poli­tician may be aaid to han, though perhaps not. the largett, yet the m.t enthu,iastic following of which any public man in onr country can bout.

CHA-RLBS EDW A-BD POWBBS wat born in Townsend . M_y 9,1884, and ia the IOn of Charles and Sarah (Brooke) Powera, of that town. He graduated at Harvard in ISM, and, after studying medicine tor a time. read law at the Dane Law S.:hool, and gradu­ated in 1858. He .ettled in Boaton, and bas aince made that city hie place of resid~nce and bnsineu.

FBA.NCIS WINNIB QUA- waa born in Llabon, N. Y., Sept. 2, 1845. He wa admitted to the Middlesex bar in 1878, and settled in Lowell. He was a member of the Maaaacbuaetta House of Representatives in 1888 and 1889, and lerved with credit to himself and to bis conetituent.. He married. September 6, 1879. AlIce L., daugbter ofMichae) Harden, of Ogdenaburg.

RoBERT ALBXA-NDER SoUTHWORTH was born In Medford May 6, 1862, and is the IOn of Alexander and Hel~n Southwortb, of that town. He graduated at Harvard in 1874, and, aner studying law in the office of Charles Theodore and Thomaa H. RuueU. WIUI admitted to the Suffolk bar in 1876. He baa been aaaiataot clerk of the Jrlaaaacbuaetta Houae of Repre­aentatives, and secretary of the Republican Btate Central Committee. In 1888 he was a member of the State Benate. He now practices law and residoa in Boston.

GSORGB CLA-RK TRAVIS waa born in Holliaton, Auguat 19,1847. and graduated at Hanard in 1869. He waa admitted to thfJ Middlesex bar in 1872, and, after practicing law in his native town eeveraI yeara, . removed to South Framingham, .here he'lived and practiced until 1886, when he remov8Jl to Groton, hie present place of residence, continuing hie office in Framingham and occupying one alao in Boston. He married, April 6, 1871, Harriet March, danghter of ADltin G., and Mary Charlotte (March) Fitch, of Hol-liston. .

JOHN C. DoDGB waa born iu New Cutle. Maine, in 1810, and graduated at Bowdoin College in 1834. In 1842 he opened a law-office in Boston and nlade a apecialty of maritime law. He represented Cambridge in the HODle of Representatives, an~ waa a member of the Maaaaehuae'll Senate. He wae presideDt of the Board of Overaeen of Bowdoin, and received from that college, in 1875, t.he degree of D.,ctor of Laws. He married. in 1848, Lucy Sbe.rman, of Edgecomb, Maine, and died in Cambridge, where he had reaided many Jean' July 17, 1890.

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GEOBGB BEKIS wu born in Watertown in 1816, Powers of Ccngreaa in Relation to Rebellion, Treason and graduated at Ha"ard in 1885. He read law at the and Siayery." He allO pllblilhed nrioUl pamphleta, Harvard Law School and wu admitted to the bar in cbiefly legal argument. before the United States 1839. He practiced l"w in Boston until 1858, when Courtl, and a memoir of Rey. Joaeph Harrington. a severe hemorrhage of the lunge 10 Car impaired hil He died at Roxbury Hlghlande, June 29, 1878: . health u to caUle him to abandon ordinary profell- JOBN CooKLUI' P A.JU[ wa bom in Boston, June lonal employment and to lpend a large part of the 10, 1804, and gradllated at Harvard in 1824, ill the remainder of hil 1i~e abroad. He was employed in clue with George Lunt and Elias Huket Derby. connfICtion with Judge Phillips in the preparation of He wu admitted to the bar about 1827 and lived to a code of criminal law for Mueacbueetta, which, how- be the oldest member of the Suffulk bar. In the early ever, wu not adopted by the Legislature. He die- days of hie practice he wa active io military mattco.n tinguiehed himself in the trial of Abuer Rogera a con- and at variOUI times commanded the Doeton City viet who killed the warden of the State PrilOn, being GUardl, the· Botton Light Infantry and the Ancient aaeociated in the defence with George T. Bigelow, and Honorable Artillery Company. He joined the aft.vward. chief jUltice of the' Supreme Court. Be lut-named company in 1829. wu iteadjut&Dt in 1837, wu allO UIOclated with John H. Clifford, Attorney- ita lecond lieutenant in ]84A;, ita first lieutenant in General, in the proeecution of Dr. Webster for the mur- 1800 and ita captain in 1858. He wu alao the clerk der of Dr. Parkm'sn, and the preparation of that cel&' of the company from 1830 to 1838. For manYYe&rl brated cue wu the work of hi. hand .. Hil own earn- he wu an active and prominent member of the Whig inge, with lOme inherited property enabled him to party and one of the mOlt fluent and popular Ipeak­devote the lut ttl'eotyyeara of hil life to the Itudy of ers in itlS rauke. Be pUled through the Free BoU public law, and, especlallyaner the Rebellion i.o the part,. into the RepUblican party, and continued hil lubjectofbelligerentandneutralrightaanddutiee. He connection with that party until the Presidential rendered valuable ueiatance to the State Department campaign of 1888, when he voted for Grover CleY8-in the dilcuBIIlon of the clalml of the United Statee land. In 1851 he wu appointed 1>,. Governor Bout­~net Great Britain for the depredationl of the well dietrict attorDey for the Suffolk Diatrict and re­Alabama and other cruisert from BriUeh porte againlt mained in office until 1853. In 1860 he removed to our commerce, and publiehed several .pirited and Newton, where he continued to reeideuntll biadeath, able plUllphleta u a contribution to the controyeny. which occurred April 21, 1889. He married twice, He died at Nice, in Italy, January 6, 1878. ~il ftfdt wite being a daughter of A~rabam Moore.

JOHN W. BAOON wa. born in Natick: in 1818 and already referred to u an attorney, first in Groton and graduated at Haryard in 1843. After leaving college afterwards in Boston. At bie death be left a widow he taught for a time in tbe Boston BIBb Scbool, and and one IOn, another IOn br.ving died ot wounde re­after reading law wu admitted to the Middlesex bar ceind in the war. in 1846. Be practiced law in Natick fourteen yeara, In Newton Mr. Park: wu appointed by Governor and from 1859 to 1862 was a member of lbe State Long, in 1881, judge of th~ Newton Police Court,· and Senate. In 1866 be wu appoiDted by Governo~ Bul- remained on the bench until hie death. The aocial lock chief juelioe of the Municipal Court or Boston, atmOlpbereof Newton wu especially congenial to him. and in 1871 by Govemor Claflin one of the juetices Thrown into a circle of educated and echolarly men, be of the Superior Court. He died at Taunton, March round a happy opportunity for the dieplay of the rare 21, 1888. literary and conversational powen which he poeaeued.

WILLUX WHITING wu born in Concord, March In the church with which he wu connected, in ita 8, 1813, and graduated at H~ard in 1833, and after BundaY-IIChool and in VariOUl movement. for reform, teaching private ~hooll at Plymouth and Concord, he found a welcome field for bie naturally refined read law at the Harvard Law School and wal ad- and philanthropic tates. The yarioue papers read mitled to the bar in 18~. He opened an ofRoe in by blm in the Newton Tuesday Club, of which he Boeton, and very earl,., b,. ueiduouelabor and an ex- wu a member, aho" both the tendency of hil mind hauetlve preparation of all caeee placed in bie charge, and ita Itrength and clearlieu to the lat. In 1877 won a place in the front rank of the Mueachueetta . he read a paper ou the" Morall of the Young," in bar. Be married L,.dia Cushing, daughter of Thom.. 1878 one on "P~ Writen of FIction," in 1879 Ruuell, of Plymouth, and William G. Rllllell, a .. The Gbvemment and the Indian.," in 1880 '! The Hanard graduate of 1840, and brother of bie wife, Poor and Pauperiem," in 1881 ,i Marriage," in 1888 read law in bie omce and became hi. partoer in bUli- ~' Orators aDd Oratory," in 1884 .. Political Parties" Den. In 1864 be wu appointed IOlicitor of tbe War and" A HieeiOD of Peace to the Bouth," in 1886 Df'partment and served three yeare. In 1868 be wa II Communilm, Socialilm and Strikes" and "Parlia. a PresideDtial elector and ill 1872 was chOlleD Repre- ment and Congreee," and in 1888 .. We, the People." aentative to Congresl. but died before be took bie Judge Robert C. Pitman, a member of the club, in a leat. In 1862 he publiabed a work entitled .. The I fitting memorial. eaya of Mr. Park: ,. Hil ~r wu War ·Powen of.~ President and the Legialatbe u venatUe u it ·wu protracted. But Cew have

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}xxU HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTB.

touched life at 80 many pointa. We were reminded by the honon paid at hia funeral of hil early and long-continued interest in military life. We know the traditions of hia faacinating oratory "hen Web­ater and Everett and Choate and Phillipa were in their prime; he served in both branches of the Legil­lature; at the bar he had a 10Dg and varied career upon the civil and criminal lide, lI"hich waa crowned at laat with faithful yean of judicial duties; al"aya })rompt to tum aaide fCir any aervice in education, charities or reforml, and having a life-long interest in religion, ita services and inslructiom."

JOJlN SPAULDING was born iu Townsend, Augult 8, 1817. He is descended from Edward Spaulding. who came to New England abont 1630, and first eet­tIed in Braintfte. Edward, the ancealar, W&8 made a freeman in 1640, aDd was one of the origiDal grantees and aettlen of Chelmsford in May, 1665. By a wife, Margaret, wh,) died in Augult, 1640, he had John about 1638, Edward about 1686 and Grace. Bya aec­ond wife, Rachel, he had Benjamin in 1643; Joseph 1646; Dinah,l649, and Andrew 1652. Ofthese chil­dren, Andrew, who waa born November 19.1652, and died May 6,1718, married Hannah Jefea, of Billerica, April 80, 1674, and had Hannah, Andrew, Hellry, John, Rachel, William, Joanna, Benoni and MarY. Of these, Andrew, who wal born in Chelmsford, March 25, 1678, and died November 7, 1763, married Abigail Warren, February 5,1701, and had Anellew, Jacob, Henry, Joaiah, Ephraim, llaac, 'Abipil, Jo-. Inna, Jamu, David, Benjamin and Sarah. Of these, Isaac, who 1'&8 born in Chelmsford, October 28,1710, and died March 4, 1776, married Sarah Barrett, and removed to Townaend, where hie farm il It ill in the family. Hi. children were Jonathan, Lydia, Sarah, Benjamin, Abigail, Lucy and Esther. Of these, Ben­jamin W&I born in Townaend, August 14, 1748, and died May 27, 1882. He married Mary Heald Decem: ber 6, 1765, and had Benjamin, Peter, Mary, David, Joel, Abel,.Iaaac, Sarah, Ephraim and Nancy. Of theae, Benj"min, born in Townsend, April 17, 1767, died May 2i, 1842. He married, first, Sibyl Wallace, March 19, 1789; second, Sibyl Sanden, Augult I, 1797, aDd third, Mn. Betaey Searle, May 2, 1822. Hil children were Sibyl, Benjamin, John, Polly,· Levi, Peter, Jon88, Abigail, BUBan, Samuel and Amos. Of these, John, born in Townaend, May 10, 1794, married Mn. Eleanor Bennett, of Boston, in 1814; lecond, Eliza Lawrence Spalding, of Shirley, June 8, 1880, and third, Esther Pierce, ofTowoBend, May 22, 1884. Hia children.were Eliza Ann, bom October I, 1814; John, August 8, 1817; Mary Heald, April 6, 1820; Sibyl, September 12, 1822; CaroliDe Matilda, October 18,1824; Abp.l, September 21, 1831; Ellen Maria, November 18,1842; Theodore Lyman, April 21, 1845; I.yman Beecher, February 25, 1847; Theo­dore Eddy, May 8,1849, and Ellen Rebecca,Fllbru­ary 28, 1854. '. Of these, John, the aubject of this aketch, received

his early education in the public schoola of his native. town amd at Phillips Academy. In 1842 he entered Yale College, but on account of ill health W&I obliged to leave hia cl ... in ita senior year and thua failed to receive a degree in regular order. At a aubsequent period, however, the degree of Muter of Arta waa conferred on him. The education which, he finally secured W&l due chiefly to his own love of learning and bia indomitable energy and perseverance. While working on hia fatber'a farm he W&l only able to at· tend Ichool during eight or ten weeks in the winter. and the inltruction tbua received waa lupplemented by voluntary Rtudy during evenioge and rainy daYI at otber lealona of the year. At tbe age of leven­teen he bid prepared himself for teaching achool, and for a ahort time pursued that occupation with eminent auccess. With atrong healtb, great lelf-reliance and precocioua wiil and energy, but with inadequate finan­cial aid he lucceeded in obtaining a liberal education. In 1850 he graduated at the Dane Law School, in Cambridge, and, aft.er a period of atudy in the law-of­fice of Oeorge Frederick Farley, of Oroton, waa ad­mitted to the bar in 1851. By hia own unaided ef­forta he entered on hia professional career, and having paid his own way, he opened an offico hi Groton, owing no man a dollar and with a Imall aum aecurely in­v8'lted in profitable railroad .tock.

While in the office of Mr. Farley he waa placed in cbarge of cases in tbe. Magi8tratea' Court and thus ac- . quired some experience in the trial of casel1 before he launched hi. own professional bark. In this way he secured a cl ... of bUliness wbich, after he began practice on hie own account, naturally fell into his handa-a. practice which gradually extended even be­yond tbe borden of Middlesex County, and which, skillfully managed aa it W&l, secured to him at a very early period a prominent and lucrative atanding in hil profession.

Hil settlement in Groton waa made in responae to the request of many promioflilt citizenl, who were anxioua to have a young, active lawyer hl their town, and they not ooly provided him with an office as an inducement for him to remain with them, but their continued encouragement and aid were of eaaential lervice to him in getting a firm foothold at the bar. Mr. SpaUlding remalned in Groton about ten yean. When the BOuth part of that town became a promi­nent railroad centre he followed the popular waV\l and practiced in that aection until 1872, when he removed to Boston. It waa largely due to hil efForta and influ· ence that Groton Junction aa it waa called, and a part of the town of Shirley were incorporated, in 1871, aa a new town under the name of Ayer.

While practicing in Middlesex County the District Courtl were eatabli.hed, and when the Fint Northern Middlesex Court W&l eatabli.hed Mr. Spaulding de· clined the appointment of judge, but accepted the po. aition of apecial justice, which he now holda .. The neceaaary .. crifice of a large .portion of his . lucrative

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, BENOH AND BAR. !xxiii ____________ ~.__L.

practice would ICIU'cely, in his opinion, be jaatified by the honor whieb luch ajudicial position would bestow.

Judge Spauldiug now resides in Boston Highlandl. and il in the enjoyment of a well-earned and lucra­tive legal buaineaa, which is Dot likely to be loon im­paired by any failure of hie Itrong mental and phys­ical powera. He married, in 1802. CharloLte A., daughter of Alpheaa Bigelow. of WEllton, who died June 24. 1889, leaving no children.

Judge Spaulding ha, until now, well advanced in life, devoted himaelf aaaiduoully to hie prof_onal pUlluita. neither seeking nor accepting office. believ­ing that in our country few higher positions can be Attained than that of a weU-read. sound, eucceaful lawyer.

ARTHUR P. BolflfBY. the IOn of Iaaac and Abi­gail (Stetson) Bonney. of Plympton. Maaachuaetta, "'II born in ~hat town July 9, 1828. He attended the common echooll' of hie native t.n and afterwards thoae in Lowell. He alao attended the Dracut Acad­emy, and in theatudy of the languagea had the advan-

, tagea of a private tutor. He fillt etudied medicine for a timt', but finally entered II a student the law­office of Seth Amfs &; T"mll HopkinlOn, then in fall practice in Lowell. After hil admi.ion to the bar in 1848 he opened' an ofllce in Lowell and prac­ticed alone until he entered the firm of hie old inltruc­tora, which &Mumed the name of HopkiDlon. Ames &; Bonney. In 1849 Mr. HopkinlOn WII appointed a juatice of the Common Plea Court. and the firm con­tinued under the name of Amea &; Bonuey unIil1869. when Mr. Amea waa appointed one of the jalticea of the Saperior Court establiAhed in that year. Since thd time Mr. Bonney ha' continued in a gradually enlarging buaineaa until hie practice, now chiefly con­fined to corporation., has placed him in the front rank of Lowell'. mOlt prominent and wealthy cUize .... In 1855 he WII city IOlicitor, and in 1867,1868 and 1861 he waa a member of the State Senate. In 1868 the writer wa with him at the Senate board. and remem­bera him, though the youngest, yet one of the ablest, membera. From 1864 to 1880 he waa president o(the Fil'tlt Nationai Bank of Lowell, and from 1880 to the present timeha been president of the Merchants' Na­tional Bank. He haa been aleo a director in the ,Lowell and Andover Railroad Corporation. He ie a .RepUblican in politlca and a Unitarian in religion, and a prominent .. nd active member of both org&ni­utioDL He married Emma A •• daughter of Dr. Royal HaU, of Lowell. and haa one child, a daughter.

HOlf. TAPPAlf WENTWORTH was born in Dover. New Hampshire. February 24, 1802, and died in Lowell, M .... chuaetts, June 12, 1875. The Went­worth family ie one of the moat promined in the history of England, and Tappan Wentworth waa a lineal deacendant of Thomaa Wentworth, the Earl of Strafford, whom the geniUl of Hacaulay haa made for­ever (amoUl. , ,William Wentworth wa the Alit imlDigrant of his

nlme to America, and, waa one of the Bev. Johll WhP.elwright·1 company at Exeter, in 1638.

After that he resided at WeIll and thell ill Doyer, iu the church of which he waa a ruling elder.

He WII the father of foar lOne, from one' of whom Governor John Wentworth waadeacended;' from an-. other, the Hon. John Wentworth. of Chicago. and from the 'lther two, by a union in the line. the Hon. Tappan Wentworth.

Three of the Wentworthl were Governoll of New Hampabire. Of these, John Wentworth waa commie­aioned Lieulenant·Governorin 1711; Benning Went­worth wa appointed Governor in 1741, and held the office until 1767 ; John Wentworth, hie ncphewand eucceaaor, held the aame dignity until the com­mencement of the Revolutionary War. In that mem­orable etraggle for human righta he conacielltioualy adhered to the Royal cause.

The Wentworth Governoll had granted the charter of Dartmouth ('.onege, and had endowed it by giving the lands upon which ita edifices now ltand. and had fOltered i~ 10 long .. they had the power.

William Went.worth, the fillt American founder of the family. waa twice married; wa the father of ten children, and died March 16, 1696. Benjamin Wentworth. hie youngeallOn, bom in Dover, married Sarah Allen, in 1697, by whom he had eleven chil­dren, and died in Augult, 1728. William Wentworth. eldest IOn of Benjamin. waa born AuguBt 14, 1698, and wa twice married. Of hie twelve children, Evane wal bom December 26.1750, married Dorothy. daughter of Ezekiel Wenlworth, March 19. 1772, and died in Augult, 1826. Of hie nine children, Isaac, father of Tappan. was born August 13,1776; married Eleanor, daughter of Thoma Gowdey; waa t.he father of eleven children, aud died in 1827.

Tappan Wentworth received hil elementary educa­tion at the common Ichooll and the claaaical acbool at Dover.

During hie early manhood he epent about three yeara at Portamouth, employed in a grocery etore, , from whence he went to South Berwick, Maine, and aened eUccellively in the etores of Benjamin Muon and Al phoJl!lO Gerrish. aa clerk.

But Tappau Wentworth JlOII8f88ed abilities, force and ambition that demanded a wider field than that within t.he limita of a country ltore. He manifested deep interest in politica. A Ipirited article written by him, advocating the re-election of William Bur­lI,igh member of Congreaa from the York Dietrict, at­tracted that gentleman's attention. and induced him to offer bill tuit.ion in t.he etudy of law to Tappan Went"olth. The oll'er waa accepted. the coulle of legal preparation finilhed. nnd he waa admitted to the bar of York County in 1826.

Seven years of 11Icceaafui practice in South Berwick and Great Falls followed hie admi.ion. In Novem­ber, 1833. he removed to Lowen. with eavings to the amount of about $7000 in hiB poaaellion. .

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Ixxiv HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

, Mr. Wentworth'a ant public .ervice waa rendered aa a member of the committee which drafted the first city charter of Lowell in 1836. He 1'181 the Whig lawyer on the committee, and Joaeph W. Manllur tbe Democratic. He wal elected to tbe Common Council the lame year, re-elected iu 1837, '39, '40, '41, and offi­ciated 81 president the lut four years. In 1848--49 he represented hil fellow-citizenl in the Senate of MaasachuBetta. In 1851 he WIll returned aa repreeen­tati ve to the lower houBe of the State Legillature, and alao in 1859, 1860 and 1863. In 1865-66 he wu again repreaeGtative in the State Senate. He waB an active Whig advocate-a Btateaman of the Webster achool throughout the best daYI of the Whig organization­and on the" Btump" dillplayed the qualities of a prac­tical and an argumentative orator.

In the fall of 1852, Tappan Wentworth wu elected as a Whig to the National Houl!e of RepreaentativeB, by a vote of 4341, aa against 4240 cut for Henry Wilaon, CoalitionlBt. , The WOrcuUr ..£gil, at the time of his election,

aaid: "The election of thi. gentleman to Congreu from the Eighth Diatrict over Henry WilBOn, the muter-.pirit of coalition, haa given great aatufilction to the Whigain all parta of the State.

"To any who know Mr. Wentworth, it il needle. to aay that hia election ia an important contribution to the talent and ability of tIie next Congreaa-u a clear·headed· and forcible apeaker, he will have no au peri or in the Maasachuaetti delegation, while aa a working member he will be eminently uBeful."

While in Congreaa he waa a member of the Houae Committee on Commerce. and introduced leveral im­portant measures: Among them waa a ieaolulion to lee what legillation il neceuary to regulate or pro· hibitthe introdllction into the United StateB by any foreign government or individual of any foreigners, either insane, blind or otherwlle disabled. On thil reaolution he apoke at cOnliderable length. . The matter waa referred to the Committee on Com­

merce. which lubsequently reported a bill that paaaed into law, and that covers the entire lubject. In, 1854 l1e delivered a powerful and eloquent Ipeech, in oppoaition to the pU88ge of the Kanau-Nebraaka Bill.

The cordial relations which had ao long existed be­tween Mr. Wentworth and Preaident Pierce, and a1BO between himaelfand Attorney Gen~ral Caleb CUlhlng, were of great advantage to him, although he waa in the Whig oppoaition to their lJeQlocratic administra­tion. Through them he quicldy eBtablished friendly relationa with tbe leveral members of the Cabinet,and alao with the-Democratic Speaker, who Ibowed his appreciation of Mr. W~ntworth·s abilities when he appointed the different Standing Committees. Theile relationa with the chiefs of the exitting admioutra­tion, which enabled him to lerve hil constituenta more beneficially than he otherwiBe could have done, were ueed by hil opponent.. to create distrust of hie

fidelity, and to defeat him when a candidate for re­election. , The public life of Mr. Wentworth waa c10..,ly iden­ti8ed with tbe growth and proaperity of tbe city of Lowell, and he waa already ready to asiist in any public enterprise, and liberally aupported-aU the city inltitutionL

He waa projector and preaident of one of the State railwaYI, and at the tima of his death waa preudeut of the National Rubber Company. of Providence and Briatol, R. I.

His life-work. however, W&I hi,a profeulon, and to that were given his talenta, which were of a com-manding character. .

He alwaya' receh·ed the careful attention of both judge and jury. Bis legal record was brilliant and succeaaful, and hie place in the profeuion waa in the front rank • . Judge Nathan Otoeby, in his eulogy on Mr. Went­

wort.h. aaid: .. He waa not long in lelecting Dartmouth aa hu donee. He waa a New Hampshire man, hi' kindred had laid t.be foundation of the State. and had chartered and founded the college,"

His will bequeathed all &ia property, which he aaid would not take long to reach 1500,000 to Dartmouth College in the following words: "All my real eatate Itocks in corporationl and debtl due me, I give, «Jevise and bequeath to Dartmonth College, in fee aim pie, and forever, to be used for the pnrpoaea of aaid Col­lege. in luch manner aa the proper officer. who may have the management and control of the general funds of the College, may from time to time deter­mine."

The bequest wu charged with llmited l,gaciea and annuillM, and will bear in all coming time, one·half tbe expensel and rel&p one·half the benefits and glory of this college. "In aU the relatlollB of life," wrote an early friend familiar with him aa husband, father, Icn and brother, "he moat em phalically and nobly did his duty, and his record is written on high."

.. When be once gaye his friend,hip, remarked Mr. John McNeil, his bl'Other-ln-Iaw, "it waa for life, and to the end. Even if the object proved unworthy, he let go with more reluctance and regret tban moat men."

A large portion of hil law library waa. bequeathed to the city of Lowell. for the ule of the bar of Lowell" practicing in the Police, Court. Mrs. Wentworth after­wards furnished. in good taste and fitne. a library­caae for tbe books, lurmounted with the Wentworth coat-of-armt, with the superscription" Wentworth library,' and alBO gave largely from her own library to & Il ita Ihel vea.

After the deatb of Mr. Wentworth a larg4.'ly attend­ed meetiog of the Middlesex bar pa~ BOme highly eulogiatic resolutiona, expressive of their appreciation of his character and abilitiea, and of their aenle ot his la..

Tappan W~tworth waa married, on the 20th of January, 1842, to Anne, daul hter of. Genl. SolomoD

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BENCH AND BAB.

McNeil, of BiI1sboro', N. H., a granddaughter of On the 21st of Hay, 1856, the CommonPleaa Gov. Pierce, and a niece of President Franklin Pierce. Court,.eo far u Suffolk County wu concerned, w .. In all rtspects she waa a help·meet for him. An only discontinued by law, and the Superior Court for the child, a eou, Frederick Tappan Wentworth, wu bolO County ofS:lfrolk was established. The judg .. com· March 7, 1848, and died Apri117, 18Ml, of a sudden milllioned for this court by Governor Gardner were, illnta. His death was a eore am:ctlon to hll parent.. Albert Hobart Nelson, chief justice, and Judges Hunt-

Mre. Wentworth, suniving her noble husband. has ,ington, Nuh and Abbott, the IUbject of this Iketch, gracefulJy and touchiugly completed the great act of aaociatee. On thereal[nl,tion of Chief Justice Nel­hiIIIre. eon, who died in 1868, Chari .. Allen was appointed

JOSIAH G. ABBOTT, now living In Boaton, Is de- by Governor Banb .. his successor. Judge Abbott ICended from George Abbott, of Yorbhire, England, resigned in Juue,I868. In 1859 both the Common who came to New England about 1640, and aettled Pleas Court and the Superior Court for the Couuty of at Andover, in 1648. The anceator married, In Sull'olk were abolilhed, and the Superior Court for 1647, Hannah, dau~hter of William and Annie the Commonwealth wu establilhed. It wu due to Chandler, and died December 24,1681. His widow the mannflr in which he and hil anociaWl adminie-' married Rev. Francis Dane, the minilter of Andover, tered the Superior Court that the Court of Common and died June 11,1711. William Abbott, eon of the PI ... wu abolished and court. on the ame buis u aneeator, boro November 18,1667, married, June 2, the Superior Court 8IItabliehed for all the State. 1682, Elizabeth Gray, and had. a eon Paul, born Judge Abbott, on his return to practice, still lived in March 25,1697.' who removed from Andover to Pom- Lowell, but had his omce in' Boaton, and engaged, fret, Connecticut, ahout 1722. Paul had' a Ion however, in a law bUlin"l which extended into many Nathan, bolO in Andover April 11, 1781, who mar· of the countiea of the State. In 1860 he deciined 1&

ritd, in 1769, Jane Paul, and had a eon Oaleb, who aeat on the bench of the Supreme Judicial Court, and married Lucy Lov~oy, and for a lecond wife, Debo- In 1861 removed to Boaton, where he haa since that rah Baker. Caleb had a eon Caleb, born FebruaJy time lived. . 10, 1779, who wu a merchapt in Ohelmsford, and In 1837, at the age of twenty-two he wu a member married Mercy, daughter of JOIiah Fletcher. The olthe Houeeof Repreaentativea and ia 1842aad 1848, children of lhe lut Caleb were-Mercy Maria, bora member of the Benate. In the latter year he waa Janulll')' 24,1808, deceaaed AUlust 21,1825 j Lucy Aaa chairmau of the Judiciary Committee of the Benate, Lovejoy, bora Sept. 16, 1809 j Oaleb Fletcher, born an unusual hooor for one who had served eo Ihort a SepL 8, 1811, who graduated at Harvard 10 1831, and time, and wu aleo editor of a tri·weekly paper ia Low­aettled u a lawyer in 1836 io Toledo, Ohio j JOIlah ell for the year 1840, the year of the hard cider, cam· Gardner, the subject of thll sketch, and Evelina Maria paigo. He wu aleo a member of the stall' of Gov­Antoioette, born Sept. 14,1817. eruor Harcus Mortoo. In 1863 he WIS a delegate

Joeiah Gardner wu born in Chelmsford, Novem· from Lowell to the conventioo for the relision of the ber I, 1816, and attended the Ohelmsford Academy, Con.titution, and in 1876 and 1876 1'188 a member of at one time under the care of Ralph Waldo Emer· Congrelll. While in CoagreB! he wu a member of lbe lOa, principal. He recalls with special inWest commi .. ioo to determine the election of Preaideut, aad the impreeeion which Mr. Eme1'llOo, then uaknowa, hll been the Democratic candidate for Governor by his gentle seriousneae and great purity, made several timES and repeatedly the Democratic caudi­on his youthrul mind. He graduated at Harvard daw in the Legillature for United Statea Senator. in 1832, ia the cl .. with Hea". Whitaey Del· He haa been a delegate to the Democratic National lows, Oharles T. Brooke, George Ticknor Ourtis, Coaventions of 1844, '64, '68, '72, '76, '80 and '84 j Eitee Howe, Obarles Maeoa, Albert Hobart Nelson, a delegat .. at large, and chairman of the MaIIa­Samuel Osgood, George Frederick Simmon. and chueett.· delegatioo at all but that of 1844. He many other. who acquIred pOlilion and fame. In hu been at variou. tim". intimately connected with loch a clue, though the youDgeet member, IIr. corporations and bUlln... enterprilea, having been Abbott secured a creditable rank. After leaving president of the Hamilton Hanufacturing Company college he read law with Nathaniel Wright and Amoe of Lowell, of the Atlantic Cotton-Hill of LAwrence, Spaulding in Lowell, and at the Dane Law Schoolin of the Hill Hanufact.uring Company and the Union Cambridge. He wu prepared for admiaion at the Water·Power Company of Lewiston, Maine, and of bar in September, 1835, but a eerioue illn ... delayed the Boston and Lowell Railroad Company. Be hu hia adm.ion until December of that year, when, aleo been a director of the North American [Dlurance barely twenty years of age he entered on.hie profeas· Company of BOlton, and vice-president of several ional career aaa partner with Mr. Spaulding, one of eavingaioltitut.ionl. Throughout hil career, how­hie iDltructore. Anar a bUllneee conaectioo of two ever, he haa alway~ made politiCil and financial and yeare with Mr. Spaulding he practiced alooe until other occupatioDI subeervieat to hie prof.ional voca· 1840, when he became conDected with Samuel Apple- tion, and never permitted them to distract hil mind too Brown. . from hia legitimate profeuional studies and pwauitl.

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lxxvi HISTORY OF MIDDLESEX COUNTY, l\IASSACHUSETTS.

His busineB8 i~ the courbl has brought him in con­taet with the ablest men of the MaaaachuaeUs bar, including Choate, Curtis, Bartlett and Whiting, of the Suffolk bar, and Farley, Butler and Sweetser, of the Middlesex bar, and in the contests with these giants in the law in which he has engaged he has shown himself thei.r peer. With General Butler in his earlier years he was ollen aaaociated as his ae­nior, and in later times he haa often been pitted against him in the legal arena. With Mr. Choate he was obliged to exert all his powers, and make use of all his learning. With Mr. BuUer it was necetlllary to be armed at all points and be constantly on the alert against surprises while Mr. Farley at ~imes dis­'played a wonderful keenness of logic which needed all his lep;al and forenaic 8trength to meet and if pos­sible overcome. No man at the bar in our Common­wealth has been more industrious in bis profession or performed more unremitting labor. It is safe to say that during fifteen years of his career he was engaged in tbe trial of causes before the courts or referees or auditors or (:ommitteea of the Legislature three hun­dred days out of the three hundred and sixty-five in the yeILr. The writer has had the opportunity of ob­serving his skill' in the management of important causes, and has discovered in him a faculty, not com· mon among lawyers of tersely and concisely selecting and treating the strong points in his cue before a jury, making them the means of a counter-attack against the 8tr(lng points of his opponent, and, like a skillful general, piercing the centre of his antagonist's line of battle while the movements against his wings were left unopposed •.

Judge Abbott married, July 18, 1838, Caroline, daughter of.Edward St. Loa Livermore, chief justice of the Supreme Court of New Hampshire, and has bad two daugbteor and seven IOnl. Hill two daughters were Caroline, who married George Perry, son of the late Dr. Marsbal S. Perry, of Boston, and 'Sarah, who married William P. Fay. Ofhissol1l, Edward Gard­ner was born &ptember 29,1840, and graduated at Harvard in 1860. At the breaking out of the war ~f 1861 he railed the first company of three years' vol­unt~rs for the Second Regiment of Massachusetts, and as brevet major was killed at the battle of Cedar Mountain. Henry Livermore, bom January 21, 1842, also graduated at Harvard in 1860, at the age of eigh­teen years, and while major of the Ttrentieth Regi­ment of MS8Iachu8etts and brevet brigadier-general was killed in tbe Wilderness. Fletcher Morton, bom February 18, 1848, was commiuioned captain in the Second Regiment of MaBBachuaetts and served on the 8taff of General William Dwight. Though in many battles, in which he exhibited conspicnous gallantry, he served three years in the war withont a scratch. He allerwards studied medicine, bnt is not in prac­tice. Samuel Appleton Browne was born March 6, 1846, and graduated at Harvard in 1866. He enlisted atthe ale- of lIi.ltteen in the· N e" EnglaDd Gauda

Reogiment, but was not called into service, and entered ('.ollege. He i8 DOW engaged in the profeBBion of law. Franklin Pierce, the fifth IOn, attended the Dane Law School at Cambridge, and ill now practicing law· Grafton st. Loe graduated at Harvard in 1877 and is also in the law. Holker Welch Abbott, the seventh son, is an artist. Jndge Abbott received the degree of Doctor of Lawe from Williaml College in 1862. He is now living in Boston, and at the ageofaeventy­four aaaiduously engaged in the labors of his profs­sion, with mind and body unimpaired and with the promise of years of labor for his own honor and credit and for the community in which he is held in uni-versal respect. .

THBODORB HARRISON SWEETSBR was born in Wardsboro', Vermont, in 1821, but attended the com­mon 8choob of Lowell and Phillips Academy in hi8 youth and entered Amheut College.. He left college b.,fore graduation and taught IChool in Lowell and afterwards entered as a 8tudent the law-office of Tappan Wentworth, in that city. After hisadmiuion to the bar he was associated for a time with Mr. Wentworth in business and afterwards at dilrerent times with Benjamin Poole and William Sewall Gardner. He wu in the Cllmmon Council of L')well in 1851, citYlOlicitor in 1853, '64, '39, '61) and '61, in the Legislature from Lowell in 1870, and the Demo­cratic candidate for Governor and member of Con­gress. In 1879 be removed to Boston and there died May 8, 1882. His mother was a aister of Solomon Slrong, one ot the judges appointed to the bench of the Common Pleas Court when it was established, in 1821. Mr. Sweetser was recognized by the members of the bar as one (If the ablest in their ranb, and his ability and repntation drew to him a large and lucra­tive bUBineu. He married a Miu Deorby, who died before him, and theironlydaughter, the wife of Willis Farrington, lives in Lowell.

GEORGE llERRICK BROOKS, the son of Nathan and Mary (Merrick) Brooks, of Concord, was born in that town in 1824, and graduated at Harvard in 1844. He rrad law with Hopkinson & Ames, of Lowell, and at tlie Dane Law School in Cambridge, and was ad­mitted to the bar in Lowell in 1847. He setLIed in hil native town and married, in 1851, Abba PreJCOtt, who died'leoaving no children. In 1865 he married Mary A. Dillingham., of Lowell, who is the mother of two children, both daughters, the older of whom is nineteen. Mr. Brooks hal been 8electman fire years, was in the M88Iachuaetts House of Representatives in 1858, and ira the Senate in 1859. In 1869, '70, '71, '72 he was a member of Congreaa, hav­ing been chosen at hi8 first election to fill the vacancy occasioned by the resignatioD of George S. Boutwell to take the position of Secretary of the Treasury under President Grant. Before the close of the 8econd Con- . greu, of ~hich he was a member, he resigned to talre the .position of Judge of Probate for Middlesex

. County, to which he had been appointed by Governor

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BENOH AND BAR. 'Ixxvii

Waabburn. He hS8 been president oC the M.iddlesex Institution for Savings, a director in the Concord National Bank, and a trustee oC the Concord Public Library. He i. 8till Judge of. Probate and held in the highest esteem throughout the county.

JOHN SHEPA.RD KEYES, IOn of John and ADn 8. (Shepard) Keyes, of Concord,'wu born in that town Sept. 19, 1821, and attended, in his youth, the com­mon achool. of his na~ve town, and Concord Academy, and fitted for co))ege under the care of private .inatructors. He graduated at Ha"ard in 1841, and read law with his father and Edward Hel­len, of Wayland, and in the Dane Law School, at Cambridge, and wu admitted to the bar in Harch, 1844. He opened an office in Concord, and Dutil 1853 was engaged in practice. In 1849 he wu a member of· the Hasaachusetta Senate, and in 1858wu appointed $eriff of Middlesex County, and se"ed under hil appointment until his omclI wu made elective, when in 1856 he was chosen by the county, anll served until 1860. In 1860 he attended, u a deJl'gat.e, the Republican National Convention at Chieago, and iu April, 1861, was appointed by Presi­dent Lincoln United State. marshal for .Massachu­aetta, and aerved, until Augult, 1866, when he ra­ligned. H~ then retired to his farm in Ooncord, was water commilaioner and, road commiuioner, and in 1874 11'88 appointed by Governor Talbot, acting Gov­ernor, ltanding justice oC ~he Central M.iddlesex Diltrlct Court, and It ill holds t.hat ofBce. He deliv­ered the oration at Ooncord on the Fourth of July in the centennial year 1876, an4 11'88 president of the day on the celebration oC the 250t.h anniversary of the seltleme~t oC the town, in 1885. . An interesting incident in the life of Hr. Keyes i8 one connected with hi. membership of the Senate, in 1849. In that· year the Senate consisted of forty Whiga, and the Houae of Repreaentatives had 260 members. FortYYearB after, in 1889, only two of the Senators were living, and only four of the House could be heard of aa yet in active liCe. In that year these six, including Charles Devena and John S. Keyes, of the Senate, alld George S. Boutwell, Nathan­iel P. Banke, William 01&8in and Henry L Dawes, dined together, and the record of the men i. suf­ficiently remarkable to be: stated in thi8 narrative. Three of the IIX had been Governors of M8I!8achu­setta, four Representativea in Congresa, three United States marshall for Haaaachusetts, two memben of the President'a Cab~net, two United States Senators, two major-generala in the army, one president of the Husaehull8tts Senase •. onlS Lieutenant Governor of Hasaachusetts, one Speaker of both the Hasa­&ehusetts and United States House of .Representa­tives, two judges. In 1849 three were Whigs and three Democrats, and in 1889 all Republican ••

Mr. Keyeamarried, Sept.19,l844, Martha Lawrence PrealCOtt, of Concord, and hu had lilt children, two of whom di~ in infl,ncy. 1wo daughters are living,

one of whom is married, and a IOn, Prescott Keyes, who graduated at Harvard in 1879, read law with Charlea R. Train and at the Dane Law School, in Cambridge, and is now in practice in Suffolk and .Middlesex.

EDWARD MELLEN WU born in Westboro', in Wor­cester.County, early in the oentury and graduated at Brown Univenity. Arter admi88ion to the bar he set.tled in Wayland, in .Middlesu County. where he soon acquired a large practice. He wu a hard stu­dent and became 10 well versed in the .reporte that on alm08~ every point of law which had been decided in the Supreme Judicial Court of .Musachuset.ts he could readily quote the case in which it 11'88 involved. He wu leading counsel in man1 important cues, and it is said that at the December Middlesex term oC the Court oC Obmmon PJeu in 1843 he tried twen­ty contested cues and secured verdicts in nineteeu. In 1847 he, with Charles Edward Forbes, 11'&8 ap­pointed to the Common Pleu bench to fill vacancies oeeuioned by the resignation oC Emory Wuhburn and Harrison Gray Otis Colby. In 1854 he was made chief jU8tice on the death of his predecessor, Daniel WeU" and retained that posit.ion until the court w,u abolished, in 1859. During 'his career u judge he wu m06,t 888iduous in the performance of his duties, 8hirking no work, alwaY8 taking volumin­OU8 notes and making exhau8tive charges to the jury. Arter he left the bench he settled in Worcester, where he continued in successful practice uutil his death, which occurred at Wayland in 1875.

WILLLUI: ADAMS RICHARDSON, IOn oC Daniel and Hary (Adams) Richardson, wu born in Tyngsbor­ough, November 2, 1821. Hil father, .a native of Pelham, New Hampllbire, was a brother of William .M. RichardlOn, who, Cor twenty yeara, wu the chief justice of that State and married Hary" daughter of William Adam8, of Chelmsford, for whom the subject of thia sketch wa, named. William Adams Richard­son prepared for colJege at the Groton (now Law­rence) Academy, at Groton, of which inltitution he baa been for nearly thirty years oue, of the· trustees. He graduated at Harvard in 1843 and at the Dane Law School in 1846. He alao read law for a time in the ofBce at Lowell of his brother, Daniel S. Rich­ardson,whose lketeh baa already been given, aud was. admitted to t.he har in Boston July 8, 1846. On the nut day after his &dmiuion he went into busine18 with hil brot.her, under the firm-name or D. S. & W. A. Richardson. This partnership continued until 1858, when' he was appointed judge of Probate and Insolvency Cor Middlesu Count1. He then left, his brother removing his office to BOlton, and not long after changing his residence to Oambridge.

In 1849 he W88 chosen to fill a vacancy in the Common Council of Lowell and being again a mem­ber oC the Oouncil in 1853 and 1854 w ... during both of these years, president oC that body. In November, 1846, he was appointed. judge advocate oC the ~nd

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lxxviii HISTORY OlP MIDDLESEX COUNTY, MASSACHUSETTB.

divilion ofM ... chuaeUs Volunteer Militia with the legi.lation from 1874 to that year. Since 1880 Mr. rank of a major, and held that office several years. Richardson hal been one of the profeaaors of law in In 1860, the IRllt )'eu' of the service of Governor Georgetown University, and haa received a degree of BriggA, he waa a member of the staft'with the rank of . Doctor of Laws from Columbia Uniyerslty in 1873, lleutenant-colonel. In lIarch, 18M, he waa ap­pointed one of the commissionera to reviae the Stat­utes of Maasachuaetta, who reported the revision which finally became the General Statutes of 1860. On the 27th of December, 1869, he waa appointed with George Partridge Sanger. by a resolution of the Legislature ofM .... chu.etta. a commialoner to edit and 'superintend the publication of the General Stat­utes and prepare an index to the same.

On the 7th of April. 1856. he waa appointed judge of Probate for Middlesex County, holding office unlil July, 1858, when that office waa abolished, and. aa has been stated. he waa appointed judge of Probate and Insolvency. In 1868 he was chosen by the Leg­islatnre of Muaachusetts one of the overseers of Harvard College for the ·term of six: yean, and the ll&w under which the overseers are chosen by the alumni was baaed on a plan devised by him. In 1869 he waa chosen for another term of six: year. by the alumni. but before the expiration of his term he removed from the State.

On the 27th of March. 1867. he w,s appointed with Judge Sanger, already mentioned, aa hla aaaociate in editing and pUbliahing the General Statutes. an edi­tor of the annual supplement to the "General Stat­utes," which was continued until the "General Stat­utes" were superseded by the "Public Statuted" in 1882.

On the 20th of March, 1869, he waa appointed usistant secretary of the treuury, and held that office until March, 18i8, when, ou the retirement of George S. Boutwell, the secretary, he was appointed hissucceaaor. On the 28d of April, 1869, he waa ap­pointed one of the ju.tices of the Superior Court of lIusachusetts, but decllned the appointment to con­tinue in the office of u"i.tant secretary of the treu­ury.

After the great fire in Boston had' bumed and de­stroyed the atereotype plates of the" General Stat­ute." and" Supplement," he waa aaaociated in 1872, with Judge Sanger under a resolution of the Legi.la­ture in preparing and editing a second edition of both. On the 17th of March. 1878, he waaappointed, aa hal been atated, Secretary or the Treasury, and held that office until he 1'1&1 appointed in June. 1874, one otthejudgell of the Court of Claim. at Wuhlngton, belug promoted January 20, 1886. rrom tlie poeition of aaaociate judge to that of chief justice, which he Itill holda. Hie usoclates on the bench are Charles C. Nott. Glenni W. Schofield, Lawrence Weldon and John Davill.

On the 7th of June, 1880. he was appointed by Con­greaa to edit and publlah aaupplement to the Revised Statutes of the United States. with notes and refer­ences, which was wuad .in 1881, and con~ains the

Georgetown in 1881, Howard in 1882 and Dartmouth in 1886.

In April, 1890, Congress puaed an act continuing the publication of the aupplement to the Revised Statutes of the United Statea down to March, 1891, to be prepared and edited by Mr. Richard.on.

At variolll tim. during the residence of Mr. Rich­ardlon in Lowell he 1'1&1 a director in t.he Appleton State and National Bank, president of the W' amesit Ste,te'and National Bank, one of the corporators. trus­tees and finance commit~e of the Lowell Five Cent Savings Bank, and one of lhe directors of the Merri­mack Manufacturing Company: He waa alao vice­preaddent and president of the Middlesex: Mechanica' Aaaociation.

Mr. Richardson married, October 29, 1849, Anna M. Marston, of Machiaaport, lie., who died in Paris, France, March 26, 1876. leaving one child" Isabel Richardson, now the wife of Alexander F. Magruder, surgeon in the navy, now living in Waah!ngton.

The record of Mr. Richardson 81,01'11 him to have been an acLive, industriolll man, not only learned in the law, but poaeaing bUSiness habits and general traits of character which have deserved and won the confidence of the world.

SAXUEL ApPLETON BROWNE, waa bom in Ipswich November'4, 1810, and read law with Nathan D. Ap­pleton at Alfred, Me. He practiced law in Lowell after hie admlaaion to the bar in 1840, and waa BI8O­

elated with Josiah G. Abbott until lIr. Abbott was appointed to the bench of the Superior Court ror tho County or Sull'olll: in 18M. He waa a member olthe Muaachusetts Senate two years, 'and died January 27,1867.

WILLtA.M EUSTIS RUSSELL i. the son of Charles Theodore anll Sarah Elizabeth (Balliater) Ru_lI. oC CAmbridge, whoae sketch has already been given, and was born in that city. He graduated at Harvard in 1877, and, haviog Itudied law with· his father, waa admitted to the Suffolk bar, and il in bUlineu with his father. CharI .. Theodore Ruuell; hla uncle, Thomas Hastings Ruuell; his brother. Cbarl. Theo­dore, Jr.; and his colllin, Arthur ·H., the Ion of Thomas Hastings, and haa his office in Boaton. Though ao young a man. he baa been the mayor of hi. native city from 1886 to 1889. and in 1888 and 1889 waa the candidate for Governor of M .... chuaetts of the Democl'lltic party. The two campaignl in which he 1'188 eng.ged were, on the whole, the mOlt; remarkable gubernatorial campaigns ever made in Musachusetts. His speecher., which were Dumerous and able, gave him a national reputation, which promlsel a career of brilliancy and advancement.

WILLIAM ELLISON PARMBNTER is the son of William Parmenter, ot East Cambridge, who is re-

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.BENCH AND BAR. , . •

membered as a diltinguilhed Demoerat!c politician. On August 15th· of the IBme year he married Olara He graduated at Harvard in 1836, and, after readiDg Ellen, only child of Benjamin F. and Clara (Foater) law, was admitted to the Suffolk bar. He always had Tweed. Of the i.ue of thil union there are tbree hil office in Boston until hil appointment to the children,-Frank Tweed, Olara. Marla, and Johll bench of the Municipal Court in that city, of which Wilkes. . he ie the cbief jUltice. Bia reaide:lce il in Arlington. Mr. Hammond began practice with a high ideal of .

JOHN WXLXBB HAIIIIOND I was born in that part of ·the legal profe.ion, regarding it as a means of pre­Rochester, in Plymouth County, MaEaChuaetta venting rather than promoting litigation. Acting on which il now Mattapoisett, December 16,1837, being thia Conviction, he uniformly advised clients to settle the first-born of two children of John Wilkes Ham- difficulties, if po.ible, without recourse to trial. mood and Maria L. (Southwortb) Hammond. His Though an entire Itranger in Cambridge, and dea­anceltorl had been residents of Plymouth County titute of the aid of influential friendl, he lOOn gained for more than two centuries. His father was a tbe confidence of tbe community, as was shown br houle carpenter,-an intelligent and relpectable hil election to rseveral municipal officea-aa member man,-who, dying .when the lIubject of this lketch of the School Committee and ofLhe Common Council. was five years old, leA a. widow and two cbildren In 1872 and 1873 he represented Cambridge in the without property. The name of their lon, who Geueral Court. had been chriltened Jamea Horace Hammond, was In the mean time hit legal practice had rap:dly in­changed by aCt of the Legillature, aRer the death of creased, and in 1873 he was elected citysolicitor,-an hia father, to John Wilkea Hammond. . office wbich he held continuoully, by annual election,

Hit mother, an intelligent woman, and of great until March 10,1886. At thil time, having been energy and' perseverance, provided for her children appointed by. Governor RobinlOn UIOCiate jlUtice of by teaching Ichool, keeping boareers, and IUch other tbe Saperior Court, he left a large aud increaaing meanl as her inKenuity luggeated, giving them the legal practice, resigned tbe office of city~licitor and benefit of good mental and moral training. john WIUI entered at once upOn hil duties as judge. apt to learn, but was not phYlically Itrong, and for Members of the bar, who practiced in the courts his health, in the IUmmer of 1855 he went upon a cod- with him, uniformly Ipeak of him &II baving attained filhing cruillfl, of several monthl, to the Graud Bank a high ltanding both as & coull8elor and an adVO., of Newfoundland, in a schooner from Plymouth. catfo_

Supplementing what he had learned in the public Alan advocate he Ihowed excelJent judgment in the Ichooll of Mattapoisett by an attendance of lOme preaentation of the evidence before the jury, and w .. monthe in the Barstow Academy of that village, he perlliltent in behalf of hil client. Bis arguments enteredTufta College in the autumn of1867. Here, by were never long, but Itrictly confined to the points at school.keeping and other meaul, he worked hit way iUl1e, and w~ delivered with a 8traightforward ear .. through college, graduating at the head of hia clua nestneaa that was very effective with juriea. He was in Jilly, 1861. equallYltrong beCore the bench~

Finding himself, at thia time, about five hundred The uperience which Mr. Hammond had in the dollars in debt, he taught in the high schooit of courts, and especially that .. city solicitor, were St.oughton and Tilbury, nutil September, 1862, when an admirable trainiQg for hil duties u judge. The he enlilted .. a private in Company I, Third M ... - opinionl which he had been Cll.Jled upon to give to chuaette nine-mouths' Infantry, and aervedwith tbis the several departmentlof the city government, and regiment until it WBI mllltered out in June, 1863. which, ill cue of litigation, it became his duty to . During hie service in the army he narrowly ea- maintain in court, were largely of a judiciI&! char­caped ~ug taken prisoner at the attack of the rebela acter. AI a judge he fu111 maintained the repl1ta-on Plymouth, N. C. . tiou he had acquired. as a lawyer.

After hil return from the war he commenced the CH.ARLBB EDWARD POWBBS,I IOn of Charles and study of medicine, but finding it not. to hil taste, Sarah Brooka Powers, was born in Town lend, May 9" abandoned it, and taught for a time in the high 1884, [Bee biographicallketch of Charles Powera.] In achoola of Bouth Beading (now Wakefield) and Mel· hit boyhood he attended thepl1blic scr.oola, and had the. 1000.--etudying law, the latter part of the time, in the adval1tagea and full benefit of a thorough educat.ion, office ofSweetaer 4; Gardner, iu BOlton. having graduated from the in8titution of New Hamp-

With thia prep~ou, and an attendance of oue ton, N. H., and w .. afterwardl private pupil of Prof.' Serm at the Harvard;:Law School, he was admitted Knight, of New London, N. H., in t.he higher mathe­to the bar, at the Superior Court, Cambridge, in Feb- matice, for which be had great fondneta. He entered mary,I866. Harvard Univenity, at CambridKe, iu 1853; gradu-

In March he' commenced practice in G&mbridge, ated and took the dqree of A. B. in 1856, after. where he h .. ever lince reaided. . having paaaed a rigid uamination, and WBI awarded .

. . ' I~ .,

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lxxx' HISTOR~ OF MIDDLESEX COUNTY; MASSACHUSETTS.

the grade of .. magntJ cum laude." After taking the degree it wu his intention to study medicine and surgery, with the view of becoming a aurgeon, and {or tbat purpoae he entered the medicalacbool in Boston. He had, however, but commenced his new studies,

. \vhen he learned of the very sudden death of his esteemed father, which event obliged him to leave the Ichool and de,'ote himself to his father'a buaineaa, which he very succe8llfully carried on for a time, and aner settling up the estate he concluded to stu~y law, and entered the I.aw School of Harvard Uni­venity for that purpose, {rom which he graduated, and took the degree of LL.B. in 1858. In 1859 he fc.rmed a co-partnenhip with Hon. Linus Child and LiDOS Haaon Child, under the firm-name of Child & Powers, .. attorneYI and oounaelen-at-law," and opened law offices in tbe city of Boston, where they have since remained, Hr. Child, Sr., having died BOrne years ago.

Soon after commencing the active practice ot the law the atreeL railways of Boston were beginning to be built and put in operation. Hr. Powen wu one of the few only, in those early days, who believed in their auceea., and he a1. once embarked in tbe enterprise, became a large owner, and was made a director and president in aeveral of them. For many yean, he and his firm were the acting couDlel for many of them, and remain 80 to this day.

Soon aner becoming a resident of Boeton ,Hr. Powen became a very active Free Haaon. He was made the Haster of a lodge; for ,everal yean wu the Eminent Commander of Boston Commandery of Kclghta Templar j and for several yean waa the Grand Huter of the Select and Royal Hasona of

, Haaeachusetta. Hr. Powen has never been an aspirant for political

office. Some yean since, and immediately aner the great fire in Boston, he was prevailed upon to accept the nomination for the City Council of Boston, and thereupon both political parties put him in nomina­tion, and for two yean he was unanimoualy elected. Arter lIerving the two yean in the City Oouncil, he was nominated and elected on the" Water Board It of the city, where he .erved until tho water-worka were put into the handa of commiaaionen. It may be said ot Hr. Powen that he il regarded as, an energetic, saga­oious man, quick to apprehend, fertile in reaource, and one who does thoroughly that to which he turns hia attention.

Hr. Powen was married in 1858 to Hias H. E. Feaaenden, 'daughter of Hon. Walter Feuenden, of Townsend, and has two daughten-Harion (Mn. Lamar S. Lowry) and Florence Agnes (lin. Heury HcLellan Harding). They have both received an European education, baving been abroad six or seven yean lor that purpoeej and while thua abroa.d, Hr. Powen vi.ited them every year, and made extensive travela with them. In religion Hr. Powen ia a Uni­tarian, having become a member of the C.,llege

Chapel Church in 1856. He baa always enjoyed the best of health, never having had a aick day in his life. To a large degree he inherited hie father'. noble phYBique and conBtitution, and we truat that he may continue to enjoy good health for very many yeara to come.

SAHlJEL KIJ'G HA1ULTON1 comes from Halne, the good old State that has been nuning· mother to 80

many IOns of genius, who have by worthy deeda in other fields, reJlected. honor on the gracious parent who bore them.

Hr. Hamilton wu the youngest son of Benjamin R. and Sarah (Carl) Hamilton, and was born July 27, 1837, at Carl'a Corner, in Waterborough, York County, Haine. He was descended from a aturdy, atrong­beaded Scottish ancestry, which firat took root in American 80il at Berwick, He., about 1666. The boyhood and youth of Hr. Hamilton were spent on the howe farm, where he became uaed to the rugged, healthful life of the New England husbandman, and early learned .. what trees make shingle," while a naturally strong mind developed with all the rapidity of which aurrounding circumstancea would permit. A district achool fumiahed the rudiments of knowl­edge, but a hungry and reatleu mind BOOn compaued its curriculum, and reached out with s!.ill eager long­ing for something larger and beUer than it had known.

The parenti recognized in the lut of their six stal­wart aona, as in otben before him, the presence of a apirit too aspiring lor ita native acres, and wiaely pro­vided him an opportunity to punue his atudies at Limerick Academy, and later in the Saco High School, where, with enthusiastic diligence uqder accomplished insUucton, the youth of Waterboro' made rapid at rides in the educational coune, and in February, 1856, had the courage to apply, for the the poaition of teacher of a village achool, and lint wielded the emblem of mag­isterial authority in the Ford District of hie native town, with conapicuoua succeu.

Leaving the High School in Saco in ls66, with hopes of future uaefuln888 crystallizing into earnest pur. pOle to deserve aucceu, and atill following the beck­oning hand of fuir Scien(''e, young Hamilton entored, in September, 1856, the Chandler Scientific Depart­ment of Dartmouth College, and gradllated with honor in the claas of 1869. He had mostly paid his own way through by teaching achool in win ten and by other employment, and now with resolute courage and glowing hopes he preued forward for the final equip­ment for his chosen profeaaion 01 the law. Before graduating from college he had.· already entered &8 a student the buayoffice of Hon. Ira T. Drew, at AI· fred,Maine, where, remaining several yean, varied by teaching achool at Wakefield, Haasachusetts, and as principal of Alfred Academy, and aaaiating in a large general practice in York County, he 80 demonatrated

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BENCH AND BAll. ]xxxi

hi. capacit1 and abilit,y in the legal profetllion, that. io 1862, having been admitted to the York O'Ionty bar, he wu received by Mr. Drew as a partner uoder tho firm·name of Drew & Hamilton. There wu no kicking of heels for clients in that ofllce, but the bOI­DNI of the partnenhip rapidly espanded, and the firm had a high reputation aU over the country. In 1867 the partnenbip wu dlBlOlved, and Mr. Hamil­ton opened an office io Biddeford, where he eltab­Jilhed his residence and met with ample IUCCeIL He wu an alduman of the city two yean, and in 1871 WIB chosen, as a Democrat, to represent Biddeford in the Maine Legislature, where he made his mark &II a b0l1, inftuentlal member. In Pecember, 1872, Mr. Hamilton moved to Wakefield, M ... chosetta, enter­ing into panDenhlp with Ohester W. Eaton, a col­lege cIIBamate, with law-officetl at BOItou and Wake­field. This partoenblp 1I'IB dilBOlved in 1878, Mr. Hamilton cOntinnlng hia office in Boston, where his BOundneaa aa an adviser and hil abilit.YIB an advocate "ere becominr; more and more recognized in \he bUl­in ... world. He retained his residence in Wakefield, when;he "IB highly valued u a citizen and a lawyer. Mr. Hamilton hIB been greatly interested in the pros· perous development, and 'especially the educational concernl, of hil adopted town. He hIB llerved nine Yl'&n on the Board of School Oommittee, sis yean of which time he wu chairman of the Board, IB chair­man of selectmen two Ye&rB, and manyye&r. u chair­man of troatees of Beebe Town Libr&r1, and hu u­listed in the promotion of UriOUI important enter­prises in the town. In 1888, when t.he people of Wakefield were about erecting a handsome and com­modious brick Ichool-hooae they voted unanimou,ly in open tnwn 'meeting that the Rame .hould be called the" Hamilton Scbool Building," in rt'COgnition of Mr. Hamilton's valuable and puhlic·spirited lIervicea in behalf of the Wakefield schooill. Mr. Hamilton hIB beeu lI'e8l1urer of the Pine Tree State Olub, of Boston, since ill organization, and wu delegate to t.he National Democratic Oon\'entlon io 1880, from the FiIl.h Oongreesional District of MI .. chueettl.

Though tbe buslnetll omee of Mr. Hamilton hu been located in Bootlon, ms practice haa extended largely over Middll'8U Oounty, and his form and voice are well known to court. and jury In Boaton, Cambridge, Lowell, Malden and ,Wakefield. Hil office practice ill also large, and he hIB obtained· a IIpecial distinction for legal know lege and acumen in reapec' to thd oiganization and management of corporation.. Mr. Hamilton h .. been in demand u a pla~orm llpeaker in many hot polit.ical campalgna, and by his abonnding good nature and read1 wit is popular even among hi. opponen..... He still resides in Wakefield, and is one of the furemOit in alllocaJ movements for pubUc improvements. I

Mr. Hamilton Wall married in Newfield, Maine, Februa..,. 18, 1867, to Annie E., daughter of loaeph n. and Harriet N; Davw. They have no children.

F'

WILLIAJrl H. ANDEBBON'S', earJi .. t American an­cestor WIB James Anderson, one of the alsteen origi. nal proprleton of the town of Londonder..,., N. H., a claaa of llturdy, uncompromwng Presbyterian., who, seeking greater religious freedom, emigrated from Ireland to New England in the year 1719.

Their allcetltora, many yean before, had fled from the peraecutions which the Presbyterian Ohurch lIuf. fered in Scotland, and, C1'OII8ing tbe narrow channel, had settled in the fertile fields of the North of Ireland.

J amea Andenon lettled in that part ot London­derry now called Der..,., and his oldest IOn received his father's "second division," or "amendment land," which comprised a large tract lying on Beaver Brook, in tbe southem part of the town. A portion of this tract hu been handed down from father to son for five generations, to the lIubject of this llketch. Such inlltances are now quite rare even in New England, and it. il not .t.range that, combining 80 many natu­ral attractionll and historic 88IOCiationa, Mr. Ander­IOn h~1 delighted to improve it and malte it a place of his frequeut. resort.'

On tbill farm Mr. Anderaon WIS bom Jan. 12, 1836. Hill father, Francil D. ADderaon, wu a well-known resident of the town, and wall frequently placed by his Mlow-townamen in omcee of trullt and honor. His mother, Jane DavidBOn, of the adjoining town of Windham, N. H., alt.hough a llfe-Iong invalid, is we)) remembered for her luperior qualities of mind and heart and her Obrilltlan fortitude and patience under great. luft'ering.

Mr. Anderaon, after plBlling hill boyhood on hil father'1I farm, punued his preparato". courae of liber­al lltudy at Kimball Union ACAdemy,Meriden, N. H., and at Phillips Academy, Andover, Mau. He entered Yale Oollege in 1856, at the age of nineteen 1ear&, and graduakd in 1~9. Arter graduation he went to Miuiuippi, and WIB a tutor in a Private fam­ily in Natchez,in thatState,and in New Orleans until the autumn of 1860, wheD ill healt.h compeUed him to return North.

He commenced the st.udy of law in the office of Morae (Iaaac S.) and Stevens (George) in Low~)), and continued in their office t.ill hill .admi~ion to the bar in Det'.ember, 1862. The firm of Mone & Stev­ens being then di.olved, he became a partoer with Mr. George Steveoa on the lilt or Janua!)", 186;i. This buain8111 relation continued until April, 1875, a period of nearly thirteen years, and only ceued because of the election of Mr. Stevenl .. district attornl'Y for Middleael: Oounty.

Meaan. Stevenll and Anderaon were the fint tenants of tho building knOWD &8 Barri.tens' Hall, at the cor­Der of Oentral and Merrimack Streetl, .after ita change from religioul to secular UIleS, and Mr. Ander­son hIB now (1890) occupied the aame omce for more than tweDty-five yean.

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lxxxii HISTORY OF MIDDJ .. ESEX COUNTY, MASSACIIUSE'M'S.

In 1868 and 1869 Mr. Andel'lOn wa. a member of the Common Council oC Lowell, and in tbe latter year he was prl'8ident of that body. For several years he was a member of the Scbool Committ.ee. In 1871 and 1872 be was a member of the Massachusetts House of Representatives.

Since the latter date he has held no publio office, but h88 devoted himself closely to the practice of bi. proCeuion, having Cound by experience that the law is indeed a jealous mi.tress and that she cannot be too aaaiduously wooed.

Mr. AnderdOn poaaeaaes qualities which admirably adapt bim to the practice of his profeuion. Cool and deliberate in judgment, tboughtful and digni8ed in manner, patient and thorough in investigation, he readily imprel8es upon hi. clients the conviction that their interests are saCe in hi. hands. He enjoys an extem,ive practice and holds a high position at the bar of Middleaex County.

Tbe eleo,nt residence of Mr. Anderson, on the heights of Belvidere, overlooking the Merrimack. is not surpaaaed in attracti venesa and beauty by tbatofany cit­izen of Lowell. Tbe broad and well-sborn lawn in front, the wood· crowned heigbts of Centralville across the stream, tbe charming views both up ·and down the rl,er combine to form a acene of no ordinary 10velinel8.

On Oct. 1. 1868. Mr. Anderson married Mary A., daughter of Joeepb Hine, of Springfteld, Maaa. His only child. Francis W. W88 born Dec. 20. 1877.

MARCELLUS CooGAN.I-Tbe subject of thl. sketch belongs distinctly to the claaa of self-made men. He was born in Bristol, Lincoln Countr, Maine, the second oC four children oC Leonard C. and Betsey M. Coggan. He obtained hi. early education in the district acbool of his native town. and later t'ollowed the sea in the couting trade between Maine and the soutbern porta and the West Indies. Not satisfied to follow a seafaring liCe. when a roung man he entE'red Lincoln Academy, New C.-tie, ME'., and there pre­pared t'or Bowdoin College, which he entered in 1868. and through which be made his way by hard work, teaching in public 8Obooll and academia. during the wintere. and graduating with honor In 1872, at the age of twentr-five.

Immediatelr afterwalds he was engaged u prlnci­pal oC Nichol. Academy. in Dudley. Worc8llter County, M .... and remained tbere until 1879. Nich­ols Academy il an old institution oC learning, well­known In Worcester Co\lntr, and at times in its his­lory had enjoyed great proaperltr.· but when Mr. Cog­gan took charge it wu undergoing a period oC de­preuion. With the management of the new princi­pal it took on new life anden&rgy. and entered upon a new period of prosperity, which. it bas since main­tained. While in Dudler Mr. Co!gan took an active part in town affairs, and was a member of tbe School Committee for Cour years.

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During all this time, and ever since leaving college, Hr. Coggan had the legal prof8l!8ion in view, and read law lteadily wbile engaged in teaching. ID 1879 he gave up hll position 88 principal, and removed hi. residence to Halden, entering at the aame time the law-office ot' Child & Powers, in Boaton. In 1~1 he wal admitted to the Suffolk bar, and hil IUCC888 in prac~ice . W88 immediate and "teady. In 1886 he formed a partnership witb· William Schofteld. at that time inlt.ructor in the Law of Torte at the Harvard Law School, and the firm have since done buaineu under the name of Coggan &; Schofield in Malden and Boaton. and have risen Iteadily in busineaa and in the estimatioll ot' the public.

Upon taking up bis reaidence in Malden Hr. Cog­gan at once became active in public aft'ai1'l1, joining varioal local organizationl. In 1880 he wal elected a member ot' the School Committee, and wu an active and efficient member of the board Cor three yean. Daring that time questions of great importance to the educational interests ot' t.he city' were agitated. and Mr. Coggan impreued himaelt' upon the citizenl 88 a man oC decided opinionl, and ot' tbe" courage to maintain them. In 1884. br the persuaaion ot' frienda. he ran u an independent candidate for. the office of mayor, against the It'gular nominee of the city convent·ion, and was defeated j but. his friends were 80 encouraged by tbe results of bis ClnVlI8 tha~ he wu induced to run again u In independent can­didate in 1885, and was elected over the regular nominee. Hon. Joseph F. Wiggin.

Mr. Coggan aaaumed the office ot' mayor of Malden in January, 1886, andwu.the foarth in Ruceeuion in that office since the incorporation ot' the city-a lig­nal tribute to hie character and ability, sln08 he had been a resident of the city only since 1879. His ad­minislratlon as mayor was luce8l>Bfal, aed in 1886 he wu re·elected, without oppoait.ion, by an almost unanimous vote. Cor tbe ensuing year. Perhaps tbe strongest feature ot' Mr. Coggan's administration wal his ent'orcement of the prohibitory law. '.he city. in 1886. had voted II No License." and during the first year of Hr. Coggan's mayoralty this vote of tbe people wu tb"roughly enrorced, In a maDner whi~b attrac;ted wide attention. knd with results which were very gratifying to the friends of temperance. In the aecond year of hiB office Mr. Coggen continued in all departments tbe vigorous policy which had marked hil first year. He refuled a nomination for a third term, and retired Crom office at. tbe end of 1887. Since tbat time he has taken no active part in poli­tica, but has devoted bimself exclusively to hil pro­fesalon. In bis political principles Mr. Coggan bss been a consistent and liCe-long RepUblican.

. In 1872 Mr. Coggan married Luella B. Robbins, daughter or C. C. Robbinl anll Lucinda Robbins, ot' Bristol. Me.. and three children have been born to them of that marriage.

Ma. AI.FRED HEMENWAY, one of tbe leading law-

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BENOH A.ND BA.R. !xxxiii

yere of the MlI.88&Chuaetta bar, w .. born in Hopkin­ton. M .... Auguat 17. 1839. He fitted for college in hia natiYe town and graduated At Yale Uniyereity in the claal of 1861. He atudied law at the HarYard Uniyersity _Law School, and waa admitte4 to the bar in Sutrolk County July 18. 1868. He haa aince then reaided and practiced in Bolton. and hBi ateadily riaen in his profeeaion. alike in the extent of hia prac­tice and in reputation .. a lawyer. He haa deliyered law lectures at the Laaell Seminary. il one of the ex­aminen for admiuion to the Suffolk bar. and haa been preaident of the Yale Alumni A.uociation in Boston. But he ha. mainly conftned hi. attention to the Immediate duties of hil profeealon. in which hel. a clOle Itudent, and in which he is recognized aa one of the moat luoo8lllful members. His familarity with the reporta and the readineaa with which he cites the C888I bearing on any mooted poiot hAYe eepecially won him reputation. Very few lawyere are better grounded in the principles of the law or ao familiar with ita allthoritiee. . He i. much in court. triee C&18I

with ability, il now largely engageciaa 180ior couDlel. and before a jury or the court h .. a ready apeech, an agreeable manner. and an earns, convincing and logical power of .tatemen~ and argument. He is a member oftha law-firm of Allen. Loog "'Hemenway. hiB partners being Stillman B. Alleo,Eeq. and ex­Goyernor John D. Long. Mr. Bemenway waa ten­dered an appointment upon the bench of the Superior Court by Governor Ames. but he declined the honor.

It cannot be expected that in th ia narrative sketches would be given of all the prominent members of the Middlesex bar. Already the .pace all8igned to thl. chapter h .. been uceeded. and the writer muat ex­clude from his lI.t the names of many lawyen who deaefYe a place in- this record. There are General Jamea Dana, of Charlestown, recently deceued. the IOn of Samuel Dana. ~ready referred to; Marshal Preston, of Billerica; Constantine C. Eatey. of Fra­mingham; Theodore C. Hurd. clerk of the courta; B. B. Johnson, of Waltham, who haa been mayor of that city, and Is actiye and prominent In the prohib· itory caul8; Benry F. Durant. IOn of William Smith, who changed hiB name, and who. after 'abort prac· tice in Lowell, became a IUCC8llful member of the Buffolk bar; Richard G. Colby. city IOlicitor of Low­ell in 1842; Iu.ac S. Morae. city solicitor of Lowell from 1850 to 1852. and arterwarda district attorney; Alpheu. A. Brown. city IOlicitor of Lowell in 1858 and 1862· a .. d 1868; -William B. Stevena, of Stone­ham, district attorney for the Northern Diltrict; J. H. Tyler. register of Probat~ and Inlolvency; Arthur W. AUltin; Thomaa Wright, of Lawrence. son of N a­thaniel Wright. of Lowell; J. Q. A. Griffin, the bril­liant lawyer and legislator, cut oft' in the full prom­ise of aD eminent career; Sherman Boar, of Walt­ham. and Josiah Rutter, of Waltham-but all these mUlt only be referred to by name. while maoy more, worthy of mention, wUlt be omitted altogether.

The chapter will close wltJh a lilt, aa complete RI the writer hal been able to make it. of the lawyer. now practiciDg in the county.

The following were. iD 1889, eDgaged in practiCft in the towna let agaiOlt their Dames :

AotoD-I' •. o. N .. b, .\. A. W, ....... ArIlDIWD-JobD H. Halld,. Wm. l'arIIIeDter. W. H. R. TlI"le. Alhb,-8. I. Bradl ... Alhlaud-Oeol'lle T. Hille,.. A,.er-Warren R. Alwood, C. A. BUeb.lder. Qeora. I. \lnr .... 1.111.

Oerrt.h. Leyl W.I....,... Co 1'. Wo ...... r. Bedrord-GeorJle R. Blllln. E1lba G. IAomIl, Georp BkIl"'D. BelmoD&-l'ndlrlck Dodp. o...brldp-Aupalae I. Dal,. Ouabrldppon....Georp C. Benl, 10bD Cahill. B. 0. Bolt, Edwin H.

J_. J ... Kelll" O. A. A. rev.,. OI,arl. O. Pope. I. 1'. lawyer. 11.111'7 Ii. Wln.low. ... O&nIbrldp-l'ellx OOnl ..... "-maD 1I11.t, Edward D. Man.,.

Obarl. I. MeIDtI ... Loreoao lIIaneU. CoDOOnl-O. 1IIl. Broo .... Goo .... Be,ywood, DeD Bockwood h .. r.

l!uauelll ..... Jobu 8. K., .......... U Ke,.., Georp A. Kin" Cllarl" TbomJllOD. C. B. Walcott.

B .... nU-DDdI.,. P.llall.,. 0. C. Nlebo ... Qeorp A. 8aI&man11. G. B. .1I,b.

I'I'&IIIIDIII_ (80Ulbl-Wlllter A ........ lohD W. Allard. CoD8laDlloe0. Bot,. CharIelB. I'orbel. Ira B. 'l'c.rbeI, W. A. KIDpbDI'7. Ildol,. A. Pbllll"".

BoIlIIIoD-W. A. KIDpbDr,. UD"~am .. T. 1001iD. Ralph B. JoeIID. Le"IDIWD-Boben P. Clapp, Goo .... B. Beid, J. B_llllMd. AIIIDI­

,.1I.1IcoUL LlWetoD-G-.. A. laDdenoD. Lowell • ....".IIaD Abbot&, IUD .. O. Abbott, W, U. ADde_D. Wm. P.

lIarr7. Goo .... W. Batchelder. 0. B. Blalldell. A. P. BlallII.n. Haney A. BroWD. Co B. Burabam. GOOI'I. A. B,.am. JUI'III H. tJamll ..... I. O. W. CI_IDt, Ch. H. CoDaDt, Wm. 1'. ColInD.,.. Chari .. Cowl.,.. I ..... " ... OIowll1.lobD DaYll, DaD Doaabal. Tb .... 1'. IlDrlpt, PbUip I. l'arI.,.. "".r A. 1'aJ. I'red. A. J'\.It.r. 10llD 1' ..... , ..... T. Oulllet, I .... H. 01111-let, Ch. B. lladl.,.. B. P. Badl.,.. lobo J. II .... ,.. J. T. Huken. P. J. H ..... I. J. O ..... D. 10bD L. III1Dt, Loull H. KIIeoIrI, J. C. Kimbell. Jo .... LUd, Allnd G ..... D. O. 1'. Lawloll; 1'. La.Ioa. Ch.8. Uu.,. J'red P. )larble, lobD lIIlarnn. J. N. Ilanluoll. lIIlartln L. Hamblet, Joha T. II ... teno., JubD W.IIeIlTD1.Ild. D. IIuV.,.Albert II. IIIl00re,Jno. H. II ..... rim., r- 8. 1IIl~. Wm.l'. OoartD.,. Ja .... BtlUlr1l1urpb,. Bernard D.O·CoD ..... I. lIIl,.roD PeDD. I. J. PlckD .... Georp W. Poore, I"lnl iI. Porter. N,,"'u D. Pnt&, Ed. B. QalaD. J'ranc:II W. Quay.lohD W. Reed. Duollll. RJCbardloD. Ooorp 1'. RJcbardeoa. Goo .... B. Rlcbanlloll. J. ... 8&np, 0. w. lay .... A. P. llaw,. .... Luther II. Shepard, Georp U. 8_ .. 8oIoD W. Stn ..... L. T. Tnll. A. Co V&rDllm. Georp" Ward. Herbert B. Wblte. 8. B. WyDl ....

Maldla-Cbarl .. B. Abbott, Oeorp D. A,en, BalTJ U. Boomolt, Bar. Ye, L. BoII'wllll. C. II. Bnlce. OneD B.Carpenl.r. Marcellu. Cogpu. \Y. B. de L .. ea..., Eo II. .Ion. Obarl" R. Elder. G-. B. "'11. J. Eo )'wDb .... P. J. llCOal ..... EdWID G. MelD ..... I. H. 1I1II.1t, I. W. Pettlnpn. II. 1'. 8tey .... Arthllr H. W.II ...... .

Ilarlboro·-8iunIl.1 N. Aldrlcb. W. N. DaYeDPOrt, B_a 8. I'ay. Gale I. IIIlcDonald. Edward 1'. loh....,n. I. W. IlcDoMld.J. 1'. J. Otter. IOD.

lIayaald-Tbomaa BIU", J. W. BellI. 1I0000ord-Tbo .... I. Harlow. Be.vamla 1'. Ua, ... I'. H. Kidder. W.

P. Martin. Co 1'. Palp. B. B. PeITJ. Co O. Plunkett, D. A. Oll&lOa (W_). aeorp I. Tlln. (Wed).

lIIleirole-s' O. MOrpD. W. H. Roberta. Natlck-P. B. Ooane)". F. M. I'orb ...... IUD .. lIellau,,"- B. C. lIIlulll.

PD. H. G. SI .. per. CbarJ .. Q. Tlrrell.G. n.To .... r. L. H. Wakell.ld. NlwtoD-J. O. If,. J. C. KeDnad,. aeorp A. P. Codwlre (Lower

r .. II). a.dlal-80lon &aueron, OIl&u..."" P. Jadd. E. T. Swln. 8omenlll~80lw,.u 1.. IIowol"n. BrowD " Alger. loha llaakell BII&­

I.r.lobn K. OuIP,. lIorbert A. m,.pln. D. \1'. Orallo.I_I,h Cummlll", llamll.lo. Darlllli Mlc .... II' .......... 11. Orea 8. K .... PPo Chari .. 8. LID-001., Tbomul'. 11 ..... 1 ... A. A. Potrr,. Chari. O. Po .... r- 81or,. I'nnoII Tun., L. B. Wenlworth. -

8'01l ........ -B. 1'. HrlllP. A. V. Lyode. A. B. L,.nde. William B. llleY.1IL

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h:xxiv HISTORY OF MIDDLESEX COUNTY, MABSACHUBE'l"J'l'I

Tewkabary-Cbarl. B. BIaWeiL

Wakelleld-Deua Dudl.,. ChIMer W. BUon. I.nemaIl BYaM, B. K. Hamilton. WIDlIeid 0. Jordan, WID ••• Ro&en. 0e0Ip B. Towl .. Bel·

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¥rench. Jobn L.IIIU'Y.,; Shermao BOllI'. B B. Job_, A. J. LUhrop, n.ldle, Bobe.u, B. II. StArt. Chari .. r. S*"8 •• r. II. SIotM. T. U. ArID' .... nl(.

W"lAIrtow~-I. V. no ...... 1'. E. Orawrurd. J. J. BolII ... n.

W.,luicl-B. T. Loaabanl.

W.ton-Andrew I'I1II .. Charlel B. I'WI: ••

WIIDllnpon-a.1Mer W. OIark.

Wlacbllter-A B. 001II8. B. J ......... 8. B. 1'oIun, 0 ...... 8. Llt,le· lIeld ....... 'lappan. A. O. Vlntoo. J. T. WI .....

WobnrJl.....(lhu. D. AU ... II. T. AUen. B. .. BoIId, Parker L. Con· _.¥reDCIIP.Oorraa, L W."" 1'. Job_, Jobn G. 1f .... I .... WID.lf.Tt''''

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