Bristol County, Massachusetts - Chapter 10: Fall River Bar, 1924

Hon. Andrew J. Jennings, an active member of the Fall River bar for forty-four years, is the author of the following paper 'Fall River Bar, Past and Present,' that was delivered at the quarterly meeting of the Fall River Historical Society at the Technical High School auditorium, April/21,11922:

In proportion to its numbers, no other profession or group of men, in my opinion, has furnished more worthy and influential citizens to the city than has the Fall River bar, - men who have been esteemed and honored by this city, and also known and honored throughout the State. Lawyers are but men, with all the faults and frailties, the virtues and vices of men; and I hope when anyone is inclined to condemn one lawyer for his wrongdoing, he will not let his anathema fall upon the bar as a whole.

In 1876 there were about twenty-five active members of the Fall River bar. Since that time, I think one hundred and forty or more other lawyers have joined it, and that about sixty have died or moved away. I am informed that there are now about eighty active members. I will speak first of some who were prominent, active members of the bar prior to 1876. Cyrus Alden was born in 1785, graduated from Brown University in 1807, and lived at Fall River from 1825 until his death in 1855. He was a direct descendant of Pilgrim John Alden, though, so far as I have discovered, unlike his famous ancestor, he invented no unique style of courtship. He was certainly a versatile man, and he was endowed with a remarkable memory, rarely taking notes in the trial of a case. He amused himself

Charles J. Holmes was born at Rochester, Mass., in 1790, and he died in 1859. Some of us think that if he did no more than give to the city his son and grandson, - the past and present treasurers of our Five Cents Savings Bank for many years, - he would deserve well of this community. He was admitted to Plymouth county bar in 1812, and was a member of the Legislature from that county, I think, for nine years. He was also a Presidential Elector in 1836. He removed to Fall River in 1842, and remained there until his death in 1859. He was not only during his life one of our local bar, but also one of Fall River's chief public-spirited citizens. He held the office of collector of customs at Fall River, and other public offices, as well. He wrote his own epitaph, closing with the words: "By profession a lawyer, by practice a peace-maker." We must believe those words were true, being the final judgment of such a man upon himself; and if true, the Fall River bar should be proud, and feel honored to number Holmes among its members.

James Ford was one of the earliest lawyers of Fall River. He was born in Milton, this State, in 1784, but did not come to Fall River until 1819, living here until 1873, when he died at the ripe old age of 89 years. He was one of the incorporators both of the Fall River Savings Bank and the Fall River National Bank. Mr. Ford was a member of the Legislature, an alderman of the city, a member of the school committee for seven years, one of the charter members of Mount Hope Lodge of Masons, Fall River postmaster for four years, one of the inspectors of the State almshouse for twelve years, and editor of Fall River's first newspaper, the "Weekly Monitor", for twenty-five years.

Henry Battelle, or Squire Battelle, as he was usually called, was born in 1790; he was a graduate of Brown University in 1816, and came to Fall River in 1827. He remained a member of the Fall River bar until his death in 1872, at the age of 82 years. In 1833 he formed a partnership with Eliab Williams, under the firm name of Battelle & Williams, which became one of the best known and most highly regarded law firms in southeastern Massachusetts, for the ability and integrity of both its members. Squire Battelle was for about twenty-five years an active member of the Fall River bar, and he took a deep interest in the moral and religious affairs of Fall River. The last fifteen years of his life he gave much attention to religious matters and theological questions. He was one of the chief organizers and supporters of the Unitarian church. He was not only for years the leader of the Fall River bar, and regarded by the county bar as one of its ablest lawyers; but was also one of Fall River's most prominent and patriotic citizens. He represented Fall River in the Legislature in 1838 and 1848.

Eliab Williams was born at Raynham, this State, in 1803. He was admitted to the bar in this State in 1827, having been previously admitted to the bar in Virginia in 1824. He came to Fall River in 1833, and in the same year formed the partnership with Mr. Battelle, under the firm name of Battelle & Williams, previously referred to. It is worthy of note that Mr. Williams, after his admission to the bar of Virginia, declined to settle there because of his "repugnance to the institution of slavery." After the retirement of Mr. Battelle from the firm, Mr. Williams continued business until almost the time of his death. Upon his death in 1880 the Fall River bar adopted resolutions of respect and appreciation. I knew Mr. Williams well, and wish to add something from my own personal recollection. When I came to the bar in 1876, Mr. Williams occupied an office in the southerly part of the second floor of Granite block. As-I remember it, his office was sparsely furnished, containing little but books and papers, and a high wall desk at which Mr. Williams did his writing with a quill pen, as he sat ona high stool. He was tall and thin. His face was colorless and always smooth-shaven, his hair was somewhat long, and his figure bent with age. He always wore a swallow-tail coat, and, I think a dickey collar and a white or black neckerchief. He was slow in speech, but always ready both to file his papers in court and try the case when reached. I don't remember that I ever heard him ask the court or his opponent the favor of a delay or postponement. To me, after I became acquainted with him, he was' a typical - yes, an ideal lawyer of a former generation.

Frederick A. Boomer was another of the elder members of our bar. He was born in Tiverton; and he died in Fall River, in 1871. His early life was one of struggle. After he came to Fall River to live, he became greatly interested in educational matters, and was for many years an earnest and valuable member of its school committee. He was twice elected our city solicitor, was one year representative from our city at the General Court, and he was director in the Pocasset National Bank, from its organization until his death. Another member of the bar to whom I simply wish to refer is William P. Sheffield. After practicing in Fall River for some time, he removed to Newport, Rhode Island, and became one of that State's most eminent lawyers and most prominent citizens.

Prominent members of our Fall River bar who are no longer living were: Nicholas Hatheway, a graduate of Brown University in the class of 1843, and one of the leading criminal lawyers of the country. Although admitted to the bar in 1850, he did not come to live at Fall River until about 1870. He was an alderman of the city, and a member of the Legislature in 1875. He was for years one of the most prominent Democrats in this section of the State, taking a deep interest in politics. For about twenty years he was a delegate to at least four national Democratic conventions. Jonathan M. Wood was one of the older lawyers in active practice, when I came to the bar in 1876. He was a typical Yankee, of marked native shrewdness, and full of witty and humorous stories with which he often captured a verdict from the jury, sometimes to the great surprise of an opposing lawyer. Mr. Wood was one of the greatest presidents of our Fall River Bar Association, organized as_a corporation in 1887. David F. Slade, who was admitted to the bar in 1883, and who died in 1914, was a member of one of the most prominent firms of Fall River, Jackson, Slade & Borden. He won the affection of all who knew him. He was a graduate of Brown University in the class of 1880, and was for several years a member of the House of Representatives at Boston. His death proved a loss to the bar, a loss to the public, and a grievous loss to his family and friends. He was for five years a member of the Governor's Council from this district. Many prominent citizens from all over the State paid tribute to his memory, and three ex-governors attended his funeral as honorary pall-bearers. Marcus G. B. Swift was a partner of Henry K. Braley, under the firm name of Braley & Swift, which during its existence was one of the leading law firms of Fall River and of Bristol county.

It is the ambition of many lawyers to be appointed a judge of one of our courts, - the higher the court, the greater the honor. The appointments are made by the Governor of the State, and are generally based upon the character and ability of the appointee, though some of the best lawyers decline a judgeship either on account of financial considerations or because they prefer the work of the bar to that of the bench. The courts in which the Fall River bar chiefly practice in the order of their rank, beginning with the lowest, are the Second District Court, the Probate Court, the Superior Court, and the Supreme Judicial Court.

I have sometimes thought that the administration of our district court and of the probate court is fully as important to the mass of the people in their respective jurisdiction as is that of the superior and supreme courts. As the judges both in the district and probate courts try cases without a jury, one can readily see how important it is for them not only to be well versed in the law, but also to use great tact, good judgment and honest purpose in applying that law to the facts in each case which comes before them for decision. Our second district court was established in 1874, and superseded the police court of which Louis Lapham had been the presiding judge since 1855. Judge Lapham had worked his way up from small beginnings, was an ardent friend of labor, and in his day was considered one of the leading citizens of Fall River. Josiah C. Blaisdell succeeded Judge Lapham as presiding judge of the district court, in 1874, and continued to hold the office until he resigned in 1893. Judge Blaisdell was one of the prominent criminal lawyers of Bristol county, and had a large criminal practice. The knowledge acquired in his practice was undoubtedly of great assistance in properly disposing of the multitude of criminal cases which came before him as judge. Judge Blaisdell was not wholly devoted to his legal profession. , He served in both the State Senate and House, and for four years was a member of the State Board of Charities, two years one of the earliest mayors of our city; and also found time to act for many years as superintendent of one of the large mission schools of the First Baptist church, of which he was one of the most active and influential members. John J. McDonough followed Judge Blaisdell, and was presiding judge of our district court from 1893 until his death in 1912. He gave up his outside legal practice, except, I think, probate, and devoted himself to administering the affairs of his court. He impressed me especially with the impartial and fearless manner with which he administered justice, as he saw it, to both high and low.

Judge McDonough was succeeded, in 1912, by Edward F. Hanify, our presiding district court judge, to me, one of the younger members of the bar here, and of whom I wish to speak words of praise. From what I have heard or known of his administration of the office, and of his conduct as a citizen, I feel like congratulating our bar and the city upon having as judge of our local court one who is not only a terror to intentional evil-doers, but one who carries, in his left hand, at least, mercy for the unfortunate. It is well for the city that it has such a judge to deal especially with our juvenile offenders. Augustus B. Leonard, though not a lawyer, was clerk of our local court for fifty-eight years, and he was succeeded in 1914 by our present efficient clerk, Michael J. O'Brien, who is a member of our bar. The probate court of our county has most important functions, for it deals mainly with the distribution of the property of all of us after our death and gives protection to the widows and orphans left behind. In some ways, it comes nearer to the people than any other court. Under the administration of Judges Bennett, Fuller and Alger, and the assistance of Fuller and Alger as registers, covering a period of many years, it attained the reputation not only of being the model court of the State, but it was considered throughout the whole country as an example for similar courts to follow. Guilford C. Hathaway, of our Fall River bar, was elected register of the probate court, to fill the unexpired term of Mr. Alger when the latter was promoted to the judgeship, and since then has held the office, having been twice elected by the people of the whole county. May he and the present Judge Hitch continue to keep that court in the future up to that high standard which it maintained for more than a half century. The Superior Court is the great trial court of the Commonwealth. Two worthy members of the Fall River bar have acted as judges of that court - Henry K. Braley, who was appointed judge in 1891, and promoted to the Supreme Judicial Court in 1902, and Hugo A. Dubuque, appointed in 1911, and still acting as judge of that court. Judge Dubuque, in 1898, as a member of the Legislature, was the author of the so-called "Dubuque Law," an equitable process for the benefit of both debtor and creditor.

The Supreme Judicial Court has within my memory numbered among its justices two members of the Fall River bar, James M. Morton, senior, not only for many years the leader of the Fall River bar but in the later years of his practice was recognized as one of the eminent lawyers of the Commonwealth. He was appointed to the bench in 1890, and, having reached the age limit, resigned in 1913. Henry K. Braley, in 1902, on account of the ability and integrity manifested by him as judge of the Superior Court, was appointed justice of the Supreme Judicial Court. He is still acting as such justice. The Fall River bar is proud of the fact that out of the seven justices constituting the highest court in the State, two of those justices were from the Fall River bar, and each sat upon the bench for over twenty years, and for ten years together. I doubt if any other local bar or city can surpass, still less, equal, that record. John S. Brayton, who died in 1904, for many years one of Fall River's most respected and influential citizens, was clerk of the Supreme and Superior courts from 1856 to 1864. After he ceased to be clerk of courts he was not long engaged in active practive of law, but largely devoted his time to banking and manufacturing interests. He supervised the construction of our magnificent B. M. C. Durfee High School, the gift of his sister, Mrs. Young, to our city; and at one time he represented this section of our State as a member of the Governor's council. Simeon Borden, one of the local bar, was elected clerk of courts in 1864, and held that office continuously until his death in 1896, when his son, Simeon Borden, succeeded him, and still holds the office. The Fall River bar has furnished the clerk of courts for this county for more than sixty years. I doubt if that office has ever been filled by a father and son so long and so satisfactorily to the court, the lawyers and the people, in any other jurisdiction within the State.

A Fall River lawyer also occupies the bench of another important court. James M. Morton, Jr., son of the previously mentioned justice of our highest State court, after several years of legal practice in Fall River, was in 1912 appointed judge of the United States District Court at Boston, and still holds that position, I am told, to the general satisfaction of the bar and their clients. Every city solicitor, as would be expected, has been a member of our local bar. At least three members of our bar have served one or more years in our State Senate, and a larger number in our House of Representatives at Boston. During twenty-seven of the past forty-nine years this city has been represented in that House by twelve different members of the Fall River bar. Three have been district attorneys, and one an assistant district attorney for southeastern Massachusetts. Many have been special justices of our district court, or served as aldermen of our city. One, an active member of the bar for years, is now a member of our board of police and treasurer of one of our savings banks. Eight have been mayors of our city for two years or more. One has been a member of the State Civil Service Commission, and served four years as one of the State board of bar examiners, and one is now a member of that board. The former was also a member of the Pilgrim Tercentenary committee, having charge of the Pilgrim celebration at Plymouth. Many have been members of our school committee. One was for several years chairman of our State Railroad Commission, and has been since 1918 a member of the board of public trustees, of the Boston Elevated Railway, and is its present chairman. One has been attorney-general of the Commonwealth. One was for three years chairman of the Republican State committee. Besides holding the above offices, the members of the Fall River bar have been and now are officials in many of the important business, educational, patriotic and religious organizations of the city. The two names in regard to which I have previously made an exception are those of Mary E. Hyde and John W. Cummings.

Mary E. Hyde is the only woman who was ever a member of the Fall River bar. She was admitted to the bar in 1907, and is still a member. She devotes herself to probate and office work. Long before her admission to the bar, she had won the respect and esteem of the community by her fifteen years' service as a member of the school committee and by her welfare and patriotic work as an official and member of numerous organizations. John W. Cummings is now president of the Fall River Bar Association, incorporated in 1887, and is, in my opinion, one of the most eloquent and successful jury advocates within this Commonwealth. Mr. Cummings has held the office of president of the Massachusetts Bar Association, an organization composed of lawyers in all parts of the Commonwealth.

The Bar Association - The Fall River Bar Association was incorporated in January, 1887, for the prosecution of literary and educational pursuits, the establishment and maintenance of a place for a reading room and law library, and for the promotion of the interests of the Fall River bar. The annual meeting of the association is held on the first Saturday of June in each year. Any member of the bar regularly admitted to practise in any State of the United States, or in any foreign country, actively practising law in the city of Fall River for at least one year next preceding the date of his application for membership, whose chief employment during said year is that of an active practising lawyer, or a justice of some State or Federal court in this Commonwealth, or clerk of such court, may become a member of the association. James M. Morton was the first president; John J. McDonough, secretary. 'The officers in 1923: President, John W. Cummings; vice-president, Richard P. Borden; secretary, Edward T. Murphy; treasurer, Nathan Yamins; executive council: L. Elmer Wood, Richard K. Hawes, H. S. R. Buffinton, Thomas F. Higgins, C. C. Donovan; library committee: Edward F. Hanify, Fernald L. Hanson, Charles L. Baker.

The first session of court was held in Fall River June 27, 1877, Hon. P. Emory Aldrich presiding, the session being held in a large hall in the Borden block. 'Theretofore, the courts had been held in Taunton and "New Bedford. The Superior courthouse was completed in 1892, and the cost of construction was $225,000. On August 8, 1889, the cornerstone was laid with Masonic rites, its site being on that of the birthplace of Colonel Joseph Durfee, where later on had dwelt Micah H. Ruggles and Colonel Richard Borden. The second district courthouse was completed early in 1911, and the first session of the court was held there January 23, that year. Its situation is on Rock street, where once stood the Exchange House, also known later as the Gunn House, the town's leading hotel from 1830 to 1850.

The county jail was built in 1898, under legislative act of 1897, its cost having been $150,000. No penitentiary use has ever been found for it.