Bristol County, Massachusetts - Chapter 3: Bench and Bar.i, 1883 (part 2 of 2)

The house had ample grounds, extensive grass lawns, a vegetable and flower garden, and was an attractive feature in the objects of interest around "the Green." Mr. Charles R. Atwood, in his interesting and valuable " Reminiscences of Taunton in ye auld lang syne," published by Ezra Davol, Esq., thus describes what he calls the " imposing and elegant mansion" : " It was two stories high, and running back, broad and deep, with a long building connected with the main house in the rear, two stories high, and with a large number of rooms for servants in the upper story. Adjoining were the carriage-houses, barn, and sheds. There was a fine front yard with a handsome and substantial fence : also, a sidewalk and a large open space between that and the street, wide enough for a carriage-way along the whole frontage. On the border, near the street, there was a row of splendid elm-trees (now no more), making a fine and grateful shade in the summer along the whole distance. This house was considered at that time to be the palace of the town. It was splendidly fitted and furnished. In the rear was the judge's garden. It was filled with fruit-trees, flowers, and shrubbery, and highly cultivated, producing the choicest of the various kinds of fruits and vegetables."

James Sproat, Esq., was the son of Ebenezer Sproat, of Middleborough, Mass., who left seven children. James was born in 1758, December 7th, and settled in Taunton. He married Ann, daughter of Abraham Dennis, sister of the wife of Judge Padelford. Their children were as follows:

James Sproat, the father of the above, was a man of ready wit and the most amusing mirthfulness. The following story is told of him : David L. Barnes, Esq., was once addressing the jury, when it occurred to him to quote the Scripture passage, - the address of Satan to the Lord, - "Skin for skin, yea, all that a man hath will he give for his life," adding, in his forgetfulness of the author, "saith our Saviour." Sproat in an instant was on his feet, and, turning to the court, said, " He may be Brother Barnes' Saviour, but he is not mine." Mr. Sproat had a most imposing personal presence, and was a great favorite in the profession and society at large.

The family residence was what is now known as the Wheaton house, adjoining St. Thomas' Episcopal Church. Mrs. Sproat was a most remarkable woman, of large intellectual endowments, and highly gifted as an authoress. Her series of books for children had a wide circulation, and her verses, like the " Blackberry Girl," reappear every year in the holiday books and juvenile literature of the land. Her " Family Lectures," published in Boston by Samuel T. Armstrong, in 1819, made her famous. In the preface she gives the history of the book : " It has been my practice on the Sabbath, after public worship, to collect my family, and, after attending to the Scriptures, read them one of the following essays, previously written for the purpose." And so she discoursed to them on "justice, mercy, humanity, truth, prayer, trust in God, temptations, intemperance, profaneness, unbelief, gaming, gratitude, early religion, filial duty," etc., subjects considered in forty-five most sensible and profitable lectures.

Mr. Sproat died Nov. 10, 1825, in his sixty-seventh year. His wife followed him the next year, 1826, January 18th, aged fifty-nine. They both lie buried on the " Plain."

Hon. David Leonard Barnes was the son of Rev. David Barnes, D.D., minister of Scituate, Mass., who married Rachel, daughter of Col. George Leonard, the son of Judge Leonard, an original settler and principal proprietor of Norton. David, the subject of this notice, married Joanna Russell, and practiced law in Taunton. He subsequently removed to Rhode Island, where he received the appointment of district judge of the United States Court during the administration of Thomas Jefferson.

Nicholas Tillinghast, Esq., was the son of Nicholas and Mary Tillinghast, of Providence, R. I. He received the honorary degree of Master of Arts from Brown University in 1793, and from Harvard University in 1807. Mr. Tillinghast was one of the eminent lawyers of Taunton in the early part of the present century. Judge Morton used to like to tell the following story, in which he figured, recommending short pleas. An important case, which had been long and ably argued by the ingenious and learned counsel of the opposite side, was committed to the jury by Nicholas Tillinghast in this uncommonly brief but conclusive style: "Gentlemen of the jury, Dr. Padelford says as you have heard, and Dr. Barnes says as you have heard, but Dr. Mansfield says as you shall now hear," at the same time proceeding to read a single convincing contradictory statement from the noble lord, sufficient authority on all questions of law. " Now, when doctors disagree," asked Tillinghast, sure of his case, " who shall decide?" The jury gave him their verdict.

Mr. Tillinghast occupied a house where now stands the City Hotel, and his office was in its rear. Born Jan. 24, 1767, he died April 24, 1818. His wife, born Oct. 18, 1770, died March 19, 1834. They both are buried on the " Plain."

Their son Nicholas has distinguished himself as a teacher, having been principal of the normal school at Bridgewater several years. Mary and Joanna also, before their marriage, were very successful teachers, the latter serving as preceptress in the Bristol Academy.

Hon. John Mason Williams, LL.D., the son of Brig.-Gen. James Williams, graduated at Brown University in 1801, and commenced the practice of law in New Bedford. He afterwards located in Taunton, where he received the appointment of judge of the Court of Common Pleas, of which court he was chief justice for many years. Chief Justice Williams received the honorary degree of LL.D. from Brown University in 1843, and from Harvard University in 1845.

Judge Williams was eminent for his urbanity and sweetness of temper in social life as for his learning in the profession of law. He was beloved in his life and lamented in his death, which took place Dec. 26, 1868.

Hon. Marcus Morton, LL.D., was born in Freetown in 1784, the son of Nathaniel Morton, who married Mary Carey, of Bridgewater. Mr. Morton graduated at Brown University in 1804, and commenced the practice of law in Taunton in 1807. He represented the district in which he lived in Congress four years, occupied a seat on the bench of the Supreme Court of the State of Massachusetts fifteen years, and served as Governor of the commonwealth three times. Once, in consequence of the death of Governor Eustis, in 1825, the duties of the chief magistrate devolved upon him as Lieutenant-Governor. Again in 1840, and for the third time in 1843, he was invested with that high office. He acted also as collector of the port of Boston four years. He received the honorary degree of LL.D. from Brown University in 1826, and again from Harvard University in 1840. Governor Morton married in 1807 Charlotte, daughter of James Hodges, of Taunton. Their children are as follows :

(2) Lydia Mason, who married Rev. Henry W. Lee, D.D., of Springfield, Mass., and Rochester, N. Y., afterward bishop (in the Protestant Episcopal Church) of Iowa.

Th<j three sons of Governor Morton, Marcus, Nathaniel, and James, all graduated at Brown University, Marcus in 1838, Nathaniel in 1840, James in 1843. They were distinguished as scholars in their classes, and became eminent in their chosen profession of law. The eldest has been long on the bench of the Supreme Court of Massachusetts, and is its present chief justice.

Hon. Francis Baylies, the son of William Baylies, M.D., and grandson of the Hon. Samuel White, the first Taunton lawyer, was born Oct. 16, 1783, and commenced the practice of law in Taunton in 1810. He officiated as register of probate (an office which his father filled before him) seven years. He was a member of Congress six years, and during the administration of Gen. Jackson he received the appointment of a mission to Buenos Ayres. Mr. Baylies is well known as the historian of Plymouth Colony. Few men in his time were better versed in the antiquities of the country, and he had a passionate love for all good learning. His home, a pleasant stone cottage on Winthrop Street, near the present crossing of the railroad, was the centre of attraction to all who delighted in culture and good cheer down to the day of his death, Oct. 28, 1852, aged sixty-nine years and twelve days. >

Mr. Baylies married Elizabeth, widow of David Dagget Denning, Esq., of New York City, daughter of Howard Moulton, Esq., of Troy, N. Y., and sisterin-law of Gen. John Ellis Wool. Their only child, Harriet, born May 4, 1823, married Nathaniel, son of Governor Morton, Sept. 29, 1846.

James Ellis, Esq., son of Rev. John Ellis, a chaplain in the Revolution, afterwards of Rehoboth, now called Seekonk, was born in Franklin, Conn., May 23, 1769, graduated at Brown University in 1791, studied law in Providence with Judge Howell, and in Taunton with Judge Padelford. He commenced the practice of law in Seekonk, but being appointed district attorney, removed to Taunton. He was thrice chosen State senator previous to 1820.

Mr. Ellis married Martha, daughter of Joseph Bridgham, of Seekonk, and sister of Hon. Samuel W. Bridgham, an eminent lawyer of Providence. Their children were :

(4) James P., who married Caroline S., daughter of John Presbrey, and who served as county treasurer, town clerk, and assistant justice of the police court.

(6) Samuel B., the youngest son, who, a member of Dartmouth College, at the death of his sister left college and abandoned all idea of a profession, giving himself up to inordinate grief.

Anselm Bassett, Esq., son of Thomas and Lydia Bassett, of Rochester, Mass., was born in 1784, and graduated at Brown University in 1803. He married (1) Rosalinda, daughter of Abraham Holmes, of Rochester, Mass.; (2) widow Lucy Smith, of Troy, N. Y. Three children still live, - two daughters, Cynthia C. H. and Elizabeth M., and a son, Charles J. H., who has been long connected as cashier and president with the Taunton Bank, and who married (1) Emeline Dean, daughter of John W. Seabury, of Taunton; (2) Nancy L. Gibbs, of Bridgewater; (3) Martha B. French, of Pawtucket. There are eight living children: (1) John S., (2) Charles A., (3) Louisa B., wife of George H. Rhodes, (4) Henry F., (5) Rufus W., (6) Mary R., (7) George F., (8) Susie A.

Mr. Bassett served many years as register of probate, and secured a large practice in his profession. His home was on Main Street, the second house west from Chestnut Street, not far from the Church Green. He died, leaving the homestead to his daughters, Sept, 9, 1863.

Horatio L. Danforth, Esq., son of William and Sally (Leonard) Danforth, was born in 1801. His father owned the estate which now constitutes the Lunatic Hospital farm. After his school days the son was employed in the Hopewell Rolling-Mill, of which his father was superintendent, until eighteen years of age, when he met with a serious accident to his athletic career, of which few were his equals, by the loss of an arm taken off by the machinery in the mill. He then commenced his education, prepared for college in Bristol Academy, and was graduated at Brown University in the class of 1825. He studied law in the office of Hon. Francis Baylies, and commenced practice in 1829, but was not essentially a bar lawyer. He was elected county treasurer in that year, and was re-elected annually irrespective of party lines for twelve years, fulfilling the duties with strict integrity and general satisfaction. He was superseded in 1841 by Dr. Foster Hooper, the Democratic candidate. He then spent two years in Illinois, and on his return in 1844 received the appointment of high sheriff from Governor Briggs, which office he filled until 1851, and was then superseded by Lyman W. Dean, of Attleboro', appointed by Governor Boutwell. From that time he lived in retirement with his sisters, enjoying the society of his friends, his books, and his walks until disease, a dropsical one, closed his life, July 21, 1859. He was frank and outspoken yet genial in his intercourse with men. He was for many years an attendant of the Episcopal Church. The above facts have been communicated by his friend, Capt. J. W. D. Hall.

Nathaniel Morton, Esq., son of Judge Morton, and son-in-law of Hon. Francis Baylies, was one of the most brilliant men who ever flouished in Taunton. His professional career was a brief one, but he filled a large place in the hearts of his many friends, which death, alas, too early, as they thought, made void. Born Dec. 3, 1821, he died Feb. 12, 1856, and is buried in Mount Pleasant Cemetery by the side of his father.

Hon. Horatio Pratt, son-in-law of Chief Justice Williams, was for many years a leading lawyer of the Bristol County bar, district attorney, and a member of the Massachusetts Senate. His physical constitution was weak. He struggled long with bodily infirmities, and died at a comparatively early age, May 24, 1872.

Hon. Chester Tsham Reed, son of William and Elizabeth Dean (Dennis) Reed, was born Nov. 23, 1823, and after fitting for college in the Taunton High School and Bristol Academy, entered Brown University, but through limited means of support left before graduation, subsequently receiving the honorary degree of A.M. for his high attainments in learning. He entered the law-office of Mr. Anselm Bassett, in Taunton, and was invited to a copartnership, which he accepted. He soon took a prominent position at the Bristol County bar, and earned so good a reputation in other parts of the State that he was nominated and elected attorney-general of the commonwealth, in which office he served with great credit several years.

j Court, Mr. Reed was nominated and confirmed, resigning only when he found the salary could not meet the expenses of a growing family, when he returned to a lucrative practice in Boston, changing his residence from Taunton to Dedham. He died at White Sulphur Springs, W. Va., where he had gone for his health, Sept. 2, 1873, in his fiftieth year. Mr.

] Reed married Elizabeth Y. Allyn, of New Bedford, Feb. 24, 1851, and their children are a daughter, Sybil, and a son, Chester Allyn, a graduate of Harvard University in 1882, and a student-in-law at the present time.

Hon. Edmund Hatch Bennett, son of Milo Lyman Bennett and Adeline (Hatch) Bennett, was born in Manchester, Vt., April 6, 1824. He was educated in the Manchester and Burlington Academies in his native State, and when fifteen years of age he

' entered the University of Vermont at Burlington, where he graduated in the class of 1843, and from which he received the degree of Doctor of Laws (LL.D.) in 1873. For a short time after graduation Mr. Bennett taught a family school in Virginia, and finally, having decided upon the legal profession as a life-work, he began his studies in Burlington, Vt., in the office of his father (at that time an associate justice of the Supreme Court of Vermont). He was admitted to the Vermont bar in 1847, and in the spring of 1848 settled in Taunton, where he has since re- sided. Upon locating in Taunton he entered into copartnership with the late Nathaniel Morton, which continued nearly three years. He then formed a partnership with Hon. Henry Williams, which relation continued several years. For the past fifteen years he has been in partnership with Henry J. Fuller, Esq., of Taunton.

Although Judge Bennett early took a leading position at the Bristol bar, he gave much attention to the study of the law as a science, and during the years 1870, 1871, and 1872 was a lecturer on various topics at the Dane Law School of Harvard University, Cambridge. He has been connected with the Law School of Boston University since its organization in 1872, and in 1876 he was chosen its dean, a position which he still occupies.

Judge Bennett has also been the editor of numerous law books, numbering over one hundred volumes, the leading works being the " English Law and Equity Reports," an edition of Mr. Justice Story's works, " Leading Criminal Cases," " Fire Insurance Cases," "Digest of Massachusetts Reports," American editions of the recent English works of " Goddard on Easements," " Benjamin on Sales," " Indermann on the Common Law," etc. He has also been for several years one of the editors of the American Law Register of Philadelphia. In December, 1878, he delivered at Hingham, Mass., before the State Board of Agriculture, of which he had formerly been a member, a lecture on " Farm Law," which has been very extensively republished in agricultural journals and elsewhere throughout New England and the West. In May, 1858, he was appointed judge of probate and insolvency for Bristol County, and has held the position to the present time, a period of twenty-five years.

Judge Bennett is an active member of the Protestant Episcopal Church, and has been for many years either a warden or vestryman of St. Thomas' Parish, Taunton, and has been many times a delegate from this parish to the Diocesan Convention. He has also been three times - in 1874, 1877, and 1880 - a delegate from this diocese to the General Triennial Convention of the Protestant Episcopal Church in this country.

Judge Colby, who is claimed by New Bedford as one of its lawyers, and will be noticed under that head, was for years a resident of Taunton. Chief Justice Morton, of Andover, was born in Taunton, and so was Judge Wilde, so long of the Supreme Court of Massachusetts. Theophilus Parsons, the learned Professor of Law at Cambridge, once lived and practiced law in Taunton. Seth Padelford Staples, of New York, Henry Goodwin, attorney-general of Rhode Island, Judge Pliny Merrick, of Worcester, Judge Erastus Maltby Reed, of Mansfield, Baalis Sanford, of Boston, Sydney Williams, of Providence, sonin-law of President Messer, were of Taunton, either as natives or during some part of their professional life.

The oldest living member of the Bristol County bar residing in Taunton is the Hon. Henry Williams, who has represented his district in Congress, served as register of probate, and distinguished himself as a painstaking and most accurate annalist and historian. Samuel R. Townsend also has been long a member of this bar. Their associates in the profession are Edmund H. Bennett, judge of the Probate Court, which position he has recently resigned, and who also- acts as dean and chief Professor of the Law Department of the Boston University; William Henry Fox, judge of the District Court ; William E. Fuller, register of probate and associate. judge of the District Court; James Brown, who has served as State senator ; Henry J. Fuller, the partner of Judge Bennett; John E. Sanford, for some years a member of the State Legislature and a portion of the time Speaker of the House of Representatives ; James H. Dean and Charles A. Reed, partners-in-law, the latter present city solicitor ; G. Edgar Williams, associated with Henry Williams; James M. Cushman, city clerk; Arthur M. Alger, clerk of the District Court; Laurens N. Francis, Sylvanus M. Thomas, John H. Galligan, L. Everett White, Edward J. Conaty, Benjamin E. Walcott, W. Waldo Robinson.

Fall River. - James Ford was born in Milton, Mass., Aug. 3, 1774. In 1810 he entered Brown University, and graduated with honor, taking the salutatory address. He then assumed the study of the law with Judge Metcalf, of Dedham. In 1817 he removed to Taunton and continued his studies with Judge Morton, who was then ex-member of Congress. He was admitted to the bar in 1818, and became a partner of Judge Morton. In 1819 he came to Fall River and opened an office in Central Street.

He was a member of the Legislature in 1825, and was present when Gen. Lafayette laid the cornerstone of Bunker's Hill Monument. In 1826 he delivered the Fourth of July oration in Fall River the day that John Adams and Thomas Jefferson died. Mr. Ford was public-spirited in regard to matters in general. He served seven years on the school committees ; and, with perhaps three exceptions, administered the oath of office to the members of the city government up to the time of his death, and was several times elected an alderman. He was one of the charter members of the Mount Hope Lodge of F. and A. M., and always manifested a lively interest in this ancient and honored order. He was postmaster four years, and one of the founders of the Franklin Savings-Bank, was special police justice for twenty years, for twelve years was one of the inspectors of the State Almshouse, and for twenty-five years he edited the weeklv Monitor. He was an excellent

Eliab Williams, Esq., was for nearly half a century a member of the Bristol County bar, and at the time of his death the oldest and one of the most highly respected members of the legal profession in this portion of New England.

He was born in Raynham, Mass., in 1803, and spent his early youth in that town, attending school there and in Taunton. At the age of fourteen he entered Brown University, and graduated at eighteen, in the class of 1821, intending immediately to enter upon the study of the law. He had, however, exhausted his pecuniary resources in the acquisition of a collegiate education, and not having the means necessary to carry him through the long and tedious apprenticeship then required to enter the legal profession in Massachusetts, he went South, and engaged as a private tutor in the family of a gentleman in Virginia. While there he learned that by the laws of that commonwealth a person could prepare for admission to the bar and the practice of the law without spending a certain prescribed time in the office of a counselorat-law simply by being found qualified upon an examination by the judges of the Court of Appeals. He thought favorably of this plan, as it would allow him to study law and at the same time pursue his vocation as a teacher. And his wishes being made known to the attorney-general of North Carolina, that gentleman drew up a course of legal study which he recommended to Mr. Williams. The latter immediately repaired to Norfolk and purchased the necessary books, and by the time he was of sufficient age to be admitted, according to the laws of Virginia, - i.e., twenty-one, - he had prepared himself for an examination. The mode of conducting this was peculiar. Going to Richmond when the Court of Appeals was in session in that city, each member of the court appointed a time to see him at his private room, and in this way, at intervals for about a week, the examination was carried on by each judge separately until the whole bench were satisfied with the qualifications of their young candidate, and after taking the necessary oath he was duly admitted to the bar.

This entitled him to practice in all the courts of Virginia; but, on account of repugnance to the institution of slavery, he decided not to settle there, and returned home. Upon his arrival here he found that his admission to the bar of Virginia did not avail him, inasmuch as he did not practice in that State. So he entered the office of Hon. Marcus Morton as a student-at-law, in Taunton, Mass., and eked out the expenses by teaching school. The first winter after entering he taught in the district where he had attended school when a boy. At the close of his school he returned to the office of Governor Morton, and remained there till the latter retired from the profession to accept a place on the bench of the Supreme Judicial Court of the State. He then entered the office of David G. W. Cobb, Esq., then register of probate for the county of Bristol, and there remained till the term of court in September, 1825, when he was admitted to the Bristol County bar.

Mr. Williams first settled in the practice of his profession at Dighton, Mass., where he remained till 1827, when he removed to Swansea, the latter place being then a more favorable field for the profession than at present, although not sufficient to afford business for two lawyers, for we are told that he was induced to go there because he had heard that the only lawyer in Swansea had removed to Fall River.

Fall River by this time had become a thriving and promising place, and lawyers, no less than mechanics, business men, and members of other professions, were being attracted thither by its rapidly-developing importance as a manufacturing, commercial, and social centre.

Hezekiah Battelle had been some time in the profession of the law at Fall River, and had acquired some prominence and a lucrative practice. It was through his influence, unsolicited and unexpected, that Mr. Williams was induced in 1833, after having been six years at Swansea, to change his location from the latter place to Fall River. As Mr. Battelle was returning in the summer of that year from a professional visit to Pawtucket, passing through the village he met Mr. Williams on the street, and proposed that the latter should come to Fall River and go into partnership with him, saying that he had more business than he could attend to alone. This fact shows that Mr. Williams was not altogether destitute of the reputation of a good lawyer even then. The conditions of the proposed partnership, proffered as they were by one of ability and experience in the profession, were even more flattering, for they proposed a partnership of five years with equal profits in the business. This was certainly very liberal considering that Mr. Battelle was fourteen years Mr. Williams' senior, and had already attained a good practice.

The partnership once established needed no further stipulation as to duration : it lasted for more than twenty years. During this period it is certainly within bounds to say that the firm did their full share of the legal business of the town.

The firm of Battelle & Williams became one of the best known in this section of the State, both of the partners being distinguished for the thoroughness with which they prepared their cases, and their extreme fidelity and care in presenting them to courts and juries. After the retirement of the senior partner Mr. Williams continued business in the well-known office in Granite Block until failing health compelled him to retire to the comforts of home.

Mr. Williams was the oldest member of the Bristol County bar in the time of his practice. Towards the latter part of his life, when, on account of infirmities of age, he Avas seldom seen in the courts, he still did a large office business. His opinions upon knotty legal points were always highly valued, and in the departments of conveyancing and equity he had few equals. His relations with his brethren of the bar were always cordial, his well-known form and face always commanding respect when seen in assemblages of members of his profession.

In conversation Mr. Williams had a peculiar power of presenting points. Usually retired and reserved in manner, he yet had a few intimate friends by whom his conversation was highly prized. His reminiscences of the ancient giants of the bar - Webster, Choate, Jeremiah Mason, Timothy G. Coffin, and others less known to public fame - were exceedingly interesting. He lived beyond the full allotted years of man's life, but he still preserved his noble characteristics. He was a man of marked integrity, always true to his trust, to his clients, to himself, and to the cause of truth.

" Resolved, That in the death of Mr. Williams, who for nearly half a century has been an honored and efficient member of the bar of this Commonwealth, the profession has lost a conscientious and wise counselor a faithful, patient, and industrious attorney, an earnest and careful advocate, exemplary citizen, and an honest man.

"Resolved, That as an evidence of our regard and appreciation for the worth and character of the deceased we will attend his funeral in a body, and that an attested copy of these resolutions be sent to the family, and the Superior Court be requested to place the same on its records."

The trustees of the Fall River Savings-Bank, at a meeting held April 15, 1880, ordered the following memorial to be placed upon their records :

"Our old tried friend and honored associate, Eliab Williams, having departed this life, it becomes us to pause a moment to contemplate the distinguished virtues of his character and life.

" His strict integrity and high sense of honor, his cool and deliberate judgment, his studious application to the business of his profession, his abiding faith in the divine side of his nature, made him an invaluable associate, citizen, and friend.

"During the more than forty-three years' service with this institution as trustee, secretary, vice-president, and legal counsel he was always prompt in the discharge of every duty devolving upon him, having but one concern, that of caring for and protecting the interests of those who intrusted their deposits in our keeping.

" To his family and friends we tender our deepest sympathies in this their great bereavement, and in token of our esteem we will attend his funeral in a body."

He was identified with the Fall River Savings- Bank as trustee, vice-president, and counsel almost from the organization of the institution. He was also a member of the school committee, and an earnest friend of education.

Few men have transacted more business in the settlement of estates of deceased persons than did he during his life, and none with more uniform satisfaction to all concerned.

He was for many years a member of the First Congregational Church of Fall River, a man of pure and spotless private life, of wonderful firmness and selfpossession, and possessed of courage that never yielded to chicanery or wrong. His departure, like his life, was patient, gentle, serene, and ready.

" Sure the last end of the good man Is peace. How calm his exit! Night-dews fall not so gently to the ground, Nor weary, worn-out winds expire so soft."

Frederick A. Boomer was born in Tiverton, R. I., April 8, 1821, and died in Fall River, Mass., July 22, 1871. His wife was Elizabeth M., daughter of John Earle, to whom he was married July 8, 1857.

Left to struggle for himself at an early age. a studious disposition led him to adopt teaching as a profession, for which he prepared himself by a systematic course of study, graduating at the Massachusetts State Normal School at Bridgewater. After pursuing his chosen vocation a number of years, the advice of friends and his own preference led him to study the law, which he commenced reading in the office of the late David Perkins, Esq., and subsequently pursued with Judge Lapham, on whose motion he was admitted to the bar of Bristol County. After his admission to the bar of this State, Mr. Boomer became a resident of Tiverton, R. I., from which town he was twice elected to the General Assembly.

Returning to Fall River, he soon became interested in educational matters, his experience as a teacher giving him a lively interest in the public schools. For many years he was an efficient and valued member of the school committee, serving with earnestness and zeal. He was three times elected to the office of city solicitor, the last time in 1870, when failing health induced him to resign before the expiration of his term of office.

In the fall of 1870 he was elected to the General Court, it being the second time he had been selected by his fellow-citizens for that important office. He was chairman of the Committee on Elections, and also a member of the Committee on Federal Relations.

As a legislator Mr. Boomer was liberal and progressive in his views, with a hearty sympathy for all measures calculated to raise the moral standard and lessen the burdens of the laboring masses. Ready and earnest as a debater, he never failed to obtain the attention of the House, and retain the respect and confidence of his fellow-members.

As a man and a friend he cannot be too warmly spoken of, for he possessed the noblest qualities of character. So manly was he by instinct that no one could deem him capable of a mean action, so charitable in his opinions of others as to lead him to overlook their faults and forgive any injuries he may have suffered. The feeling of vindictiveness he would not or could not cherish, and as a lawyer he would never encour-

He has been spoken of as a true Christian gentleman, religious, but not bigoted, exhibiting grace of heart no less than polish of manners. Habitually cheerful, he was an agreeable companion and friend, and impressed all with his geniality and kindness, no less than with his earnestness and decision of character.

Mr. Boomer was fifty years old at the time of his death, and had grown up with the thrift and enterprise of Fall River. In labor and sympathy he was fully identified with the best interests of the place, intellectual and spiritual, as well as material. In whatever offices he was called to fill, he gave to the discharge of their duties his best abilities and his most earnest, conscientious preparation. When quite a lad he made a profession of religion, was baptized by Rev. Asa Bronson, and received in the membership of the First Baptist Church of Fall River, March 6, 1836.

Hezekiah Battelle, for so long a time a prominent member of the Bristol bar, was graduated at Brown University, in the class of 1816. He read law in the office of Hercules Cushman, Esq., of Freetown, then a prominent lawyer of the Bristol bar. Upon his admission to practice he became a partner with Mr. Cushman, and remained there a few years, when he removed to Swansea village, and continued in practice there till 1827, wdien he located in Fall River, and here passed the larger part of his life.

Coming to Fall River in the vigor of manhood and with a reputation for ability and fidelity already established, his practice rapidly increased, and for more than a quarter of a century he was regarded as one of the ablest lawyers in the country. Perhaps no one in the county exceeded him in the preparation of cases for trial, either by the jury upon question of fact, or by the court upon matters of law. Mr. Battelle took a deep interest in the moral and religious welfare of Fall River, and in the prosperity and good government of our common country. He was one of the representatives from this town in the Legislature in 1838 and 1848, interesting himself at the latter period with the question of boundary between the States of Massachusetts and Rhode Island. For more than fifteen years, however, immediately previous to his death, he took but little interest in the practice of law, but devoted much of his attention to religious matters and questions of theology. Mr. Battelle was actively interested in the organization of the Unitarian Society in Fall River, and was one of its earnest supporters.

Cyrus Alden was born in Bridgewater, Mass., May 20, 1785. He was fifth in descent and direct line from John Alden, the first of the Plymouth colony to step upon the famous rock at the landing of the " Mayflower" Pilgrims in 1620. His father was Capt. Joseph Alden. His mother and grandmother were members of the Carver family and also of Pilgrim ancestry. He was one of a family of nine children, of which five were sons, two of whom, himself and a younger brother, were graduated from Brown University, the one to follow the profession of the law, the other that of divinity. His own graduation took place in 1807, his education having been delayed by a severe and protracted illness. He studied law at Litchfield, Conn., and also read with Judge Whitman, of Marshfield, and Judge Baylies, of Taunton. He began the practice of law in Wrentham, marrying, soon after his entrance upon his profession, Mary Margaret, daughter of Mr. Alexander Jones, of Providence, R. I. After a short residence in Wrentham he removed with his family to Boston, residing in Roxbury, but having an office in the city and in the same building with Daniel Webster, a most noted contemporary, belonging to the same political party, the Whigs, to which he always held. He here published, in 1819, a book, of which he was the author and editor, under the title of "Abridgment of Law, with Practical Forms," in two parts, which proved acceptable and useful, but has now been superseded by later works of the same purpose. In 1827 he once more removed his family and business, and this time to Fall River, which he afterward served in the Legislature, the town then bearing the name of Troy. Here he spent the remainder of his life, dying in March, 1855.

In addition to the legal and judicial qualities of mind, which, with a marked and refined wit, he possessed in a great degree, he had also poetic and inventive talents, amusing his leisure hours with the former and employing the latter to some practical result, being the inventor of hay-scales, for which he secured a patent, they being at one time in quite general use.

An obituary written by a fellow-lawyer says, " For several years he did a considerable portion of Fall River's judicial business, his promptness and tenacity of memory being remarkable. He rarely took notes of testimony, and it was very seldom that a law-book was requisite to him for reference in any decision. So thoroughly imbued was his mind with the essential principles of our laws that his errors in stating them from memory merely were most infrequent, and it has been remarked, not without point, that more reliance might be placed upon the opinion of Cyrus Alden, Esq., than could be upon the opinions of many men with both books and laws. He was an author as well as practitioner, and has left a volume as a memento to his brethren in the department of his profession."

Louis Lapham, who was a leading spirit in Fall River for more than forty years, was born in Burrillville. R. I., in 1810. His parents were poor people, and young Lapham had to earn his own bread. He acquired a good common-school education for his times, and learned the printer's trade. He early acquired a taste for political life, and was a Democrat. He took sides with the Dorr Rebellion in Rhode

Island in 1840, and was so much of a friend of Governor Dorr that he became very obnoxious to the King Charles Charterists, and left his home and fled to Fall River, where he followed his trade for several years. He was a friend of the laborer, and always on the alert to defend the poor man's rights. He was of quick perceptions and had a ready tongue, and was a match for the lawyers and merchants of Fall River in debate in town-meeting. He acquired considerable reputation with the laboring classes, and ambitious for a better situation in life than that that was open to him in mechanical avocation, studied law and was admitted to the bar.

In 1852 he was appointed judge of the Police Court of Fall River by Governor Boutwell, which position he held until the court was abolished and the present District Court created in 1873. He was an upright judge. He was not a profound lawyer, yet he had a true conception of what was right, and his decisions were just and proper, if not always exact law. Having earned his position by the sweat of his own brow, he had not such regard for professional etiquette as perhaps he should have entertained. The people had great confidence in his judgment and fairness, and disposition to do justice by them.

He was one of the original Free-Soilers, and for years was a prominent person in that party in the city of Fall River. He was several times a candidate for mayor of Fall River, and in the latter part of his life was much disposed to be in sympathy with Democratic principles, and nothing but his hatred of slavery and his recollections of it kept him from full fellowship with them.

He was of very generous disposition and very ready and willing to help those in need, and to render such assistance by word and deed as it was in his circumstances to do. Indeed, he was too generous for his own accumulation of property. He was a true friend. He had strong attachments and hopes, but yet his love of justice and fair dealing was a controlling element of character. He hated show and shams, and spoke perhaps too strongly at times in condemnation of political intriguers and hypocrites. He was a laborious man. He frequently wrote for the newspapers, and was busy in his profession. He died in Fall River in March, 1881, aged seventy-one years, leaving a widow and several daughters to mourn his death and to cherish his memory.

Charles Holmes, father of Hon. Charles Holmes, was also a leading lawyer of Fall River. He had an excellent legal mind, and was genial and courteous in his intercourse with his fellow-men.

Hon. Josiah C. Blaisdell was born in Campton, N. H., on the 22d of October, 1820. In his boyhood he attended the common district school, and later was a member of the Literary and Scientific Institution at Hancock, N. H. While yet a young man he removed with his parents to Methuen, Mass., from whence, in 1843, he came to Fall River for the purpose of entering the law-office of James Ford, Esq. Upon the completion of his studies he engaged in the practice of his profession, and has continued its active duties to the present day, rising step by step until he has gained a foremost position at the bar of his adopted town, and has become generally well known in this section of the State.

His first entrance into public life was in 1858, when he was elected a member of the Massachusetts House of Representatives. In 1864 he was appointed by Governor John A. Andrew a member of the Board of State Charities, completing an unexpired term of two years. In 1866 he was reappointed to the same office by Governor Alexander H. Bullock for a further term of seven years, but resigned after serving two years. He was chosen a member of the State Senate in 1865, and again of the House in 1866.

He was elected mayor of Fall River in 1858, and re-elected in 1859. Since Mr. Blaisdell's terms in the mayoralty and as representative and senator he has been brought by official life more or less continuously before the public, and in 1874, upon the organization of the "Second District Court of Bristol," in recognition of his qualifications as a lawyer and a man of sound and discreet judgment, he was appointed presiding judge. He has since that date filled the position ably and well, to the satisfaction of his brethren of the bar and the public at large.

Nicholas Hatheway, son of Elnathan P. and Salome (Cushman) Hatheway, was born in Freetown, Sept. 3, 1824, the eldest of seven children. He was educated at Phillips Andover Academy and Pierce's Academy at Middleborough. He entered Brown University in 1843, and graduated in 1847 ; studied law with his father, and was admitted to the bar in 1850. He commenced practice in Freetown, where he remained until 1857, and then accepted a position as head of the weighers' and gaugers' department in the Boston custom-house under Collector Arthur W. Austin. Mr. Hatheway remained in this position until 1861, when he became a member of the Boston Stock Exchange, and continued in the brokerage business until about fourteen years ago, when he removed to Fall River and resumed the practice of law. Mr. Hatheway has taken good rank at the bar, but perhaps is best known as a criminal lawyer. He held various offices while in Freetown, was twice justice, and held that office until it was abolished. He was also a school-teacher in his native town and a member of the school committee. He was elected a member of the Legislature from Fall River in 1875, and was alderman in 1874 and 1875.

Politically, Mr. Hatheway is a Democrat, and an earnest and outspoken advocate of the principles of that party. He was a delegate to the four last National Democratic Conventions, and has been a delegate to most of the State Conventions for twenty years, and has also been a member of the Democratic State Central Committee. He was nominated for

Mr. Hatheway is prominent in Masonic circles, is a member of Union Lodge, Dorchester; St. Paul's R. A. C, Boston; Council R. and S. M., Boston; Boston Commandery, and of the Supreme Grand Council of the Northern Jurisdiction of the United States and its Dependencies, - thirty-three degrees.

Mr. Hatheway was married Jan. 1, 1851, to Fanny P. Dean, of Freetown, and has two children living, - Nelson D. Hatheway, M.D., of Middleborough, Mass., and Nicholas Hatheway, Jr., who graduates this year (1883) at Brown University.

Hon. He.vky K. Braley, the present mayor of Fall River, was born in Rochester, Mass., March 17, 1850. He is a son of Samuel and Mary O. Braley, whose ancestor, Roger Braley, came to America and settled in Freetown in 1742. He was a Quaker.

Mr. Braley attended the common schools of his native town, and subsequently graduated from the Rochester and Middleborough academies. He also taught school in Bridgewater four years. Having decided upon the legal profession as a vocation, he commenced the study of the law in the office of Latham & Kingman at Bridgewater, and in 1873 was admitted to the bar at Plymouth, Mass. He soon after located in Fall River, where he has since resided engaged in the active practice of his profession. Mr. Braley is an active and aggressive member of the Democratic party, and was elected mayor of the city of Fall River in 1882, and his popularity and worth as an executive officer was clearly evidenced by his re-election in 1883 by a large majority. Although yet a young man Mr. Braley has taken a leading position at the Bristol bar, and is regarded by his brethren as a rising man.

James M. Morton, one of the older members of the bar, is a close student, has an excellent legal mind, | and is one of the acknowledged leaders of the bar in Southeastern Massachusetts.

Hon. Andrew J. Jennings, Mr. Morton's partner, although a young man, has a good position at the bar, and is popular with his brethren and the citizens generally. He represented the district in the State Senate in 1882.

Hon. John W. Ctjmmings is also a young man, but has already won a prominent position at the bar and t in the political field. He is the present State senator from this district, and one of Governor Butler's most trusted counselors.

Attleborough. - John Daggett. He is a native of Attleborough, descended from John Daggett, who came from Martha's Vineyard about 1707 and settled in Attleborough, with a family of nine children. He was the son of Thomas Daggett, of the Vineyard, who married Hannah, oldest daughter of Governor Mayhew, and lived and died on the island. John Daggett, the author of the history of Attleborough in this work, was the son of Hon. Ebenezer Daggett and Sally Maxcy, one of the Maxcy family of Attleborough.

He fitted for college at Day's Academy in Wrentham, and under the tuition of Rev. Alvan Cobb, of Taunton. He entered Brown University in September, 1822, and graduated in the class of 1826. Soon after leaving college he commenced the study of the law in the office of Joseph L. Tillinghast, in Providence, a distinguished member of the Rhode Island bar and a member of Congress, and the next year studied in the office of Hon. J. J. Fiske, of Wrentham, and the third year attended the course of law lectures of Hon. Theron Metcalf, of Dedham, afterwards a judge of the Supreme Court of Massachusetts, and author of several learned works on jurisprudence. At that place he was admitted to the bar in January, 1830, and immediately opened an office and commenced practice in Attleborough, where he has continued most of his time since. Subsequently he edited a paper in Dedham for a year or two, and then returned to his native town.

During the early years of his professional duties he took a deep interest in common-school education, and devoted much of his time to that cause, having served as chairman of the town school committee about fifteen years in succession.

He was elected representative to the Legislature for 1836, and continued for four years in succession. In 1850 he was elected to the Senate, and served on the Railroad and Judiciary Committees. During the latter year he was appointed member of the Valuation Board, the duties of which occupied four months at the State-House in Boston. He was also a member of the House in 1866. In 1852 he was appointed by the Governor register of probate and insolvency for Bristol County, and was afterwards elected to the same office for two terms, of four years each, holding the office for the period of eleven years.

Of late years he has devoted his leisure hours to antiquarian and historical research, especially on the subject of the settlement and colonization of the Old Colony, and the origin and history of its people, is a member of the New England Genealogical and Historic Society, and one of the original members of the Old Colony Historical Society, of which he is the president. He is the author of some local histories.

Being a single man, he boarded in the family of Col. Benjamin Weaver, in the west front chamber of whose house Mr. Leonard opened a law-office, and there remained until his building, constructed for tbat purpose, could be finished, the materials of which were obtained at Raynham, and brought down Taunton River and up Assonet River to Assonet village in Freetown, and set up a little south of the Congregational meeting-house.

Mr. Leonard did not long remain in Freetown, but returned to Raynham. The building he put up for a law-office was afterwards used for a school-house.

Washington Hathaway was a native of Freetown. He was a son of Joseph Hathaway and wife Eunice Winslow, and born Sept, 4, 1777. He was a graduate of Brown University, Providence, R. I. His law-office stood on the northerly side of Water Street, in Assonet village. Commenced practice in or about 1802. Died Feb. 10, 1818.

George Bonum Nye Holmes was a native of Rochester, Mass., son of Abraham Holmes, Esq., and located in Freetown for the practice of the law in or near the year 1810. His law-office was the building now used by Mr. Philip C. Bryant for a grocerystore.

Hercules Cushman was a native of Middleborough. He studied law with Hon. Wilkes Wood, of his native town, and received the appointment of clerk of Plymouth County Court. Located in Freetown in or about 1813, from which town he was elected several times as representative to the General Court, and served one year in the Governor's Council. He was promoted to the office of colonel of the Fifth Regiment in the local militia of Bristol County. Honorably discharged. He returned to Middleborough in 1828, and there died in 1832.

Ruftjs Bacon was a native of Rochester, Mass. Came to Freetown in 1814. Occupied as a law-office that which had been used by George Bonum Nye Holmes.

June 13, 1818, Mr. Bacon was commissioned captain of the Assonet Light Infantry Company, which position he held until 1824; was a member of the Governor's Council one year ; chairman of County Commissioners in 1828, which year he removed to the State of New York.

Elnathan P. Hatheway was one of the leading members of the Bristol bar, and for a long time one of the most prominent Democrats in the State. He was a personal friend of James Buchanan, and also of Judge Randall, father of Samuel J. Randall, the distinguished member of Congress from Philadelphia, and ex-Speaker of the House of Representatives. He was selectman of his town, commissioner of insolvency, member of the last Constitutional Convention, member of the Legislature, and later of the Senate, was a member of the National Convention which nominated President Buchanan, and was subsequently offered the collectorship of Boston, which he declined. He was engaged for a long time in most of the important cases that came before the courts of Bristol County. He was popular with his brothers at the bar, and was an intimate friend of Timothy G. Coffin and William Baylies.

Mr. Hatheway was a direct descendant on the paternal side from Ann Hathaway, the wife of Shakespeare, and on the mother's side from Robert Cushman, the Puritan. Elnathan P. Hatheway was a graduate of Brown University in the class of 1816.

Ezra Wilkinson came to Freetown in March, 1829, and opened a law-office in the building that had been used for that purpose by George Bonum Nye Holmes and Rufus Bacon. Mr. Wilkinson was a native of Wrentham, Mass., and a graduate of Brown University, Providence, R. I. From Freetown he removed to Seekonk, and from thence to Dedham.

William H. Eddy was a native of Middleborough. He located for practice at Freetown in 1835. His health failed him, and he soon after returned to Middleborough and died.

Joseph Hathaway was a native of Freetown, and located for the practice of law in Fall River, where he was once elected as a member of the General Court, Came back to and opened a law-office at Assonet village in 1837. Somewhat distinguished as a temperance lecturer, claiming to be, as he did, a " reformed drunkard." Went back to the practice of law at Fall River in 1844. Did not remain long, but again returned to Freetown, where he died April 22, 1865. He was a son of John Hathaway, of Freetown, and wife Betsey Winslow.1

The senior members of the bar of this county have many of them made up their records; those still left are soon to follow, and the juniors are to assume their places at the bar and on the bench ; to them will soon be committed these great responsible trusts. The perpetuity of our free institutions is committed to the guardianship and keeping of the bar and judiciary of our free country, for the history of the world teaches, and all free governments illustrate, this truth, that to the profession of the law civil government is indebted for all the safeguards and intrenchments with which the liberties of the people are protected, that legislation is shaped, constitutions enlarged, amended, and adopted by the enlightened administration of the statesmen, both of England and the United States, who have been in both, and are in all free governments, educated for the bar, and, ascending by the inherent force of their disciplined professional life, they become the directors of the destinies of States and nations.

Military chieftains may spring into power, tyrants may for the hour dazzle with the glamour of military parade, the pomp of war, an oppressed and frenzied people, bat they turn as the cannonade dies away to the statesmanship of the country, and call to the Parliaments and congressional halls for final debate the arbitraments of the liberties of the people. From the days of King John to the present hour the bar and the bench have furnished the statesmen who have erected the bulwarks of constitutional law, and extorted from tyrants the Magna Chartas which have secured to the oppressed the guarantee of free institutions. Imbued with the historical traditions of their predecessors, and tracing the paths they have trod, emulating their good example, it should become more and more the resolute purpose of the Bristol County bar to so walk in the light of their professional teachings that when they are called to follow them to that upper court and file their judgment-roll of the great trial of life with that Supreme Judge from whose bar they can take no appeal, -

" Then go not like the quarry-slave at night Scourged to his dungeon, but,- sustained and soothed By an unfaltering trust, approach thy grave Like one who wraps the drapery of his couch About him and lies down to pleasant dreams."