Bristol County, Massachusetts - Chapter 13: The Taunton Bar, 1924

Personal recollections of a number of members of the Taunton bar, extending as they do over a period of a half century, and as told by an old attorney still in practice in 1923, bring the reader of local history into still closer touch with that group of men who have constituted leadership here, as well as among lawyers throughout the county. There have been no better representatives of their profession elsewhere, they having been mostly men of vigorous mentality, and excellent defenders of their faith in the law and its procedure.

There never existed a more kindly disposed judge than Edmund H. Bennett. He was a native of Manchester, Vermont, where he was born April 6, 1824. That State is to be credited with the training in its schools of so excellent a jurist, but he put the most of his experience into the life of Taunton. He was educated at the University of Vermont, where he was graduated in 1843, and from which institution he received the degree of LL.D. in 1873.

Judge Bennett was admitted to the Suffolk county bar in this State, July 3, 1848, and shortly afterwards he removed to Taunton, and in May, 1858, was appointed as judge of probate and insolvency. He was recognized everywhere as an ideal probate judge, and after twenty-five years of service he resigned. He was elected as Taunton's first mayor, and was three times chosen to that responsible position. He also became noted in the law as lecturer at the Harvard Law School, and for his attainments he was appointed the first dean of the Boston University Law School. A voluminous writer of special works on law, he will be' remembered by most people throughout this part of the State at least for that little book entitled "Farm Law," that contains everything that the everyday farm owner should know concerning the law as it relates to the farm. He was in partnership here, also, with Henry J. Fuller. Judge Bennett died in 1898, an exemplary citizen, who delighted in the history of his adopted city, and was an orator on various historical occasions. We shall not forget Judge Bennett, who was far more than an ornament to his profession.

One of the noted criminal lawyers of this city during the past century was James Brown, who was born in Swansea in 1828. Like many of his profession hereabouts, he graduated at Brown University, in 1850, and he was admitted to the bar in 1852. He was a law practitioner in Taunton for the long period of more than forty years, and he was one of the leading characters in his profession here, for he was a man of decided military appearance, that quality being his by right, as he enlisted in the Civil War, and received a commission as major. Serving both in the Massachusetts House and the Senate, he established a brilliant record as a pleader in criminal cases. Major Brown will be recalled as one of the most astute of lawyers in his method of taking advantage of the defects that might exist in criminal papers brought to court. He was very zealous for his clients' rights throughout this section, and he had many clients on Cape Cod, and in the islands in particular. On all occasions he wore his military cape; he was an incomparable story-teller and he was an excellent jury lawyer. He died in 1893.

One of the quiet and very refined lawyers of his generation, yet successful in all his undertakings, was Henry Williams. He also was a graduate of Brown University, in 1826. Mr. Williams had the honor to be a member of the constitutional convention of 1853. He served faithfully as register of probate in Bristol county, and was a member of both

Taunton born and bred, William H. Fox was a typical Old Colony townsman because of the unfailing interest that he always took in every matter that pertained to the history and progress of all the institutions that stood at the front of the city's progress. He was born here in 1837, and spent all his life here. He went to Harvard College, and graduated there with the class of 1858. Starting in Taunton with the practice of law in 1861, he was foremost in the wartime activities, and at the close of the war, in 1865, he was appointed justice of the First District Court. The latter court was then first established, and for more than forty years, Judge Fox served in the capacity of its justice. Invariably he became the true and tried friend of the young lawyer, and he was successful in making his part as easy as possible in his court. Judge Fox, whose great urbanity was the subject of the admiration of all with whom he came in contact, and especially with the lawyers, settled many a dispute for parties without the necessity of their going to the courts. He was mayor of the city for one term; was for twenty-two years trustee of the Carnegie Library, trustee of Wheaton College, and vice-president of the Bristol County Savings Bank.

No one can*speak of the late Judge Alger without at the same time recalling his methods of thoroughness for reasons of accuracy that dominated his entire life, and whose application almost to severity might haye been some cause of his death so comparatively early in life. To make sure of the truth of small details, to be sure of the correct spelling of a word and a name, - that was part of the daily round of his life. He was born in Boston in 1854, and he graduated at Boston University Law School in 1876. It was that year that he came to Taunton to begin the practice of law, and from then onwards his talents were recognized both as administrator of the city's affairs and attorney. He was city solicitor for several years, he twice served the city as its mayor, and he was clerk of the First District Court of Bristol county, and register of probate and insolvency, being appointed thereto in 1893. It was upon the death of William FE. Fuller, judge of probate, that Judge Alger succeeded him in that office. He was author of several law books and works on genealogy. His ambition was fulfilled in placing the probate court at the front rank of such courts in this State.

One of the men who made a point of insistence of winning trial at law by fair means only, was the late Judge Lloyd E. White, a man of great push and energy, a lawyer of great ability. He had many friends throughout the city, but his clientage was largely from among the farming community of this section. He was a native of Norton and he graduated at Tuit's College, but his entire life was spent in Taunton. At first he practised law with Major Brown, but later had an office of his own. He was city solicitor of Taunton, and was district attorney for the Southern District. Receiving his appointment from Governor John L. Bates, he served for more than fifteen years as judge of the Superior Court.

Another Vermonter like Judge Bennett, who came here and made his home, and entered heartily into the spirit of the city of his adoption, was Judge William E. Fuller. Among the leaders in the life of Taunton in all its branches of progress, we shall ever mention the name of William E. Fuller. Withal, he was a man of great dignity and of persistence in maintaining the rule of decorum in the court room. No one should read a paper there; no one should delay court procedure by any slightest disorder. He made a very graceful judge. Judge Fuller graduated at Harvard. He was principal of Taunton High School, and he served many years as register of probate; in 1893 he received his. appointment as judge of probate and insolvency for the county of Bristol. Judge Fuller was the author of a standard work on probate law, as well as of other law publications.

A quiet trier of cases and a natural born lawyer - such was Sylvanus M. Thomas, a New Bedford native, but Taunton attorney all his life. The bar will bear him in mind as a very careful student, and it will 'be remembered that he had his story all ready. He allowed no one to get by him on that score. He was born in New Bedford in 1850, and graduated at Brown University in 1871. He studied law at Harvard Law School and in Boston, and he was admitted to the bar in Taunton in January, 1874. He was city solicitor here for several years.

Of James M. Cushman: regularity and reliability are the chief qualities by which he is known. He was admitted to the bar, but practised very little in Taunton. He was the last of the town clerks and the first of the city clerks of Taunton, remaining in that office until the year 1886. Historian and friend to historians ever since he came to Taunton, he has written and spoken much in behalf of the history of the township, and his accuracy is closely akin to that of the late Judge Alger.

Few men of his generation could tell his story as quickly as could Hon. Charles A. Reed, and his pronunciation of words and phrases was made with unusual speed and elision. He was honored by the city in a number of ways. Mr. Reed was admitted to the bar in July, 1868, and he at first practised alone, and then in company with James H. Dean, until he died. He was city solicitor for a number of years, and he was elected mayor of Taunton in 1895. He also served in the Massachusetts House of Representatives and the Senate.

Edward J. Conaty practised law for several years in Taunton after his admission to the bar; but afterwards he gave up law for the church, and he is now one of the leading priests in Portland, Oregon. Chester I, Reed practised law in Taunton for many years; he was a member of the State Senate, was attorney general and judge of the probate court. After his resignation from the bench, he died in Dedham. Chester A. Reed was the son of Chester I. Reed. He was admitted to the Suffolk bar in 1884, attending the Boston University Law School. He practised law for a short time in Taunton, and then removed to Dedham, and he opened an office in Boston, where he practised until his retirement a few years ago. John H. Galligan was a college graduate, and a graduate from Boston University Law School, soon after the establishment of that institution. He practised law in Taunton for many years, and was appointed register of probate and insolvency. He died in 1893. Laurens N. Francis was a gtaduate of Harvard University, and he studied law with Hon. Edmund H. Bennett in Taunton, where he practised until the time of his death. For many years he was clerk of the First District Court of Bristol.

Henry J. Fuller, father of City Solicitor Albert Fuller, practised law in this city many years, most of the time in partnership with Hon. Edmund H. Bennett. He took the part of counsel in many important cases, and was counsel for many towns in this section of the county. George Edgar Williams was a man who had many friends, and he made a specialty of looking up titles at the registry of deeds. He practised law in this city many years with Henry Williams, in partnership under the firm name of H. & G. E. Williams.

James H. Dean started to practise law late in life, but he devoted himself to his profession, and was a good lawyer. He was in partnership with Hon. Charles A. Reed under the style of Reed and Dean, and he served many years in the city government. Mr. Dean was a devoted and painstaking historian, and the results of his researches have been of value to many who followed him as writers upon historical topics.

John E. Sanford was a graduate of Amherst College, and was a lawyer of years of practice in this city. He was chairman of the State Board of Railroad Commissioners for a long time, and was a member of the State House of Representatives, and speaker for several terms. The latter part of his life, however, was spent in retirement or in business. He was a man of plenty of means. Other lawyers practising for a short time here have been: Fred V. Brown, Fred V. Fuller, Robert A. Brown, W. Waldo Robinson, Howard L. Phillips, Frank H. Maxwell, Harry S. Williams, Merrill F. Hubbard, Benjamin E. Walcott, David K. Stevens, Charles H. Blood, Albert A. Austin, Charles C. Hagerty.

Taunton Bar Association - The early history of the legal fraternity of Taunton fails to disclose the existence of any organization composed only of lawyers as a legal society, until November, 1900, when a few of the attorneys then practising in this city were called together to discuss forming an organization for the purpose of conference and codperation and organized action in matters affecting the interests of the bar. The meeting developed the opinion that an organization of the kind was needed, and tentative by-laws were drawn up and notices were sent to all attorneys here of a meeting to be held Novmber 16 for the purpose of organizing a Taunton Bar Association. Twenty-five members of the profession gathered at this meeting, and the association was duly organized. Carleton F. Sandford was the secretary and treasurer. The membership was limited to attorneys-at-law who had their residence within the jurisdiction of the First District Court of Bristol, and practising before the Bristol county bar. Within a short time, the membership numbered thirty. :

The new organization rapidly became a factor in the legal activities of the State, and committees were formed from time to time to appear before the legislative committees at Boston in opposition to, or favoring, legislation that was of interest to the profession of law. Social meetings were held at which prominent members of the profession from other cities were invited to speak on some topic of mutual interest, and when appointments to the Bench were about to be considered by the various governors, action was taken by the Association advocating the candidacy of some qualified attorney. In many instances the candidate of the Association was appointed. As time went on, annual outings were held in the summer months in conjunction with the other Bar Associations of Bristol county when the entire membership of the New Bedford Bar Association, Fall River Bar Association, Attleboro Bar Association and Taunton were brought in close touch by a boat trip to one of the islands off the coast of Cape Cod. These outings proved to be of great value to the legal profession in forming friendships between the members of the various parts of the county that became fast and lasting. And in this manner the legal _ profession of the county developed mutual interests and worked in harmony for the benefit of the Bench and Bar.

The real worth of the Association was proven during the war with Germany, when the legal advisory board of the city of Taunton, consisting of Frederick S. Hall, chairman, Louis Swig, and F. J. Smith as secretary, organized the entire membership of the Taunton Bar Association into a board to aid in the making out of questionaires. The Cohannet School, the Taunton High School, and the City Hall were secured as meeting places, and a notice furnished the local draft board by the legal advisory board was mailed with each questionaire instructing the draftee to apply at either of these places for help in completing their questionaires.

The by-laws of 1917, adopted September 8, 1917, abolished the office of secretary and treasurer, and created the separate offices of secretary, and of treasurer. Treasurer - Frederick J. Smith, September 8, 1917, to September 14, 1918; Philip H. Reilly, September 14, 1918, to date. Secretary - Frederick J. Smith, September 8, 1917, to March 3, 1923; Warren M. Swift, March 3, 1923, to date.