Norfolk County, Massachusetts - Chapter 43: The Bench and Bar, 1918

Colonial Laws

Although there were no professional lawyers "of national reputation" - if indeed there were any at all - among the first settlers of Massachusetts, the people managed to make laws under which they succeeded reasonably well, such laws being executed by vote of the town meeting, or by officials chosen for the purpose. In 1635 four magistrates were deputed "to frame a body of laws, which shall bear a resemblance to a Magna Charta." At the head of this commission was Nathaniel Ward of Ipswich, whom Bancroft declared to be "the most remarkable among all the early legislators of Massachusetts." Nearly six years elapsed before the code - called the "Body of Liberties" - was completed. It went into effect in 1641, and with amendments and additions from time to time, as occasion required, the "Body of Liberties" remained the fundamental law of the colony until the Revolution.

The principal features of this early code were as follows : 1. All general officers to be elected annually by the people. 2. The freemen in the several towns to choose deputies from among themselves, or elsewhere as they might judge fittest, to serve for one year in the General Court. 3. Life, liberty, honor and property to be at all times under the protection of law. 4. Every citizen was guaranteed equal justice under all circumstances. 5. Refuge was granted to shipwrecked mariners and their goods were protected. 6. Slavery was prohibited, except in case of "lawful captives taken in just war, and such strangers as are willing to sell themselves or are sold to us." 7. Wife-whipping was forbidden under severe penalties. 8. The death penalty was to be inflicted only in cases of murder, adultery, rape, man-stealing, and knowingly bearing false witness to deprive any one of life.

Under The Constitution

On June 15, 1780, the constitution of the State of Massachusetts was ratified by the people and became effective. Under its provisions the Legislature enacted laws providing for the establishment of courts. By the act of July 3, 1782, the Supreme Judicial Court was established as the only one of general common law jurisdiction in the Commonwealth. On the same date an act was approved authorizing a Court of Common Pleas in each county in the state. This court was to consist of "four substantial, discreet and learned persons," to be appointed by the governor, and was to have jurisdiction in civil cases where the value of the property involved did not exceed a certain amount. Still another court established on July 3, 1782, was the Court of General Sessions of the Peace, to be held in each county of the state by the justices of the peace of such county. It was "empowered to hear and determine all matters relative to the conservation of the peace and the punishment of such offences as are cognizable by them at Common Law." This court also had jurisdiction in the matter of apportioning taxes, laying out highways, erecting public buildings for the county, etc. A Probate Court was established in each county of the state by the Legislature in 1784. Such were the courts in existence when Norfolk County was organized in June, i/93-

Norfolk Court Of Common Pleas

On July 2. 1793, the governor appointed as justices of the Court of Common Pleas .for Norfolk County Samuel Niles, of Braintree ; Richard Cranch, of Quincy; William Heath, of Roxbury ; and Stephen Metcalf of Bellingham. Although the records do not show that any of these men declined to serve, such was evidently the case, as on September 3, 1793, Nathaniel Ames, of Dedham ; John Read, of Roxbury ; and Ebenezer Warren, of Foxboro, were appointed justices, and Edward H. Robbins, of Milton, and Solomon Lovell, of Weymouth, special justices.

The first session of the court was convened in the meeting house at Dedham, on Friday, September 24, 1793, with Stephen Metcalf, Ebenezer Warren and James Endicott as justices, and Nathaniel Ames as clerk. James Endicott was a Stoughton man and received his appointment on the day the session of the court was commenced. The first case committed to a jury in the Court of Common Pleas for Norfolk County was in April, 1794, at which term 166 cases were entered for trial.

Other justices of the Court of Common Pleas in Norfolk County, as it was originally established and before it was superseded by the Circuit Court of Common Pleas, were: Oliver Everett, of Dorchester, who was appointed in 1799 and died on December 19, 1802, when his brother, Moses Everett, was appointed to the vacancy ; Horatio Townsend, of Medfield ; Samuel Bass, of Randolph ; Samuel Haven, of Dedham; David S. Greenough, of Roxbury; Thomas Williams, of Roxbury; and Thomas Greenleaf, of Quincy.

Circuit Court Of Common Pleas

By the act of June 21, 181 1, the Court of Common Pleas in each county was abolished and a Circuit Court of Common Pleas established in its place. The state was divided into six circuits, the counties of Barnstable, Bristol, Norfolk and Plymouth constituting the "Southern Circuit." Under the provisions of the act, each Circuit Court was to consist of a chief justice and two associates. Thomas B. Adams, of Quincy, was appointed chief justice of the Southern Cir- cuit, and Jairus Ware, of Wrentham, and Xahum Mitchell, of Bridgewater, associates. On February 15, 1821, the governor approved an act abolishing the Circuit Court of Common Pleas and establishing a Court of Common Pleas for the Commonwealth of Massachusetts. It existed until 1859, when it was superseded by the Superior Court, which was given jurisdiction in both civil and criminal cases. While the Circuit Court of Common Pleas was in existence, the following Norfolk County men served on the bench, in addition to the lirst appointees above named : Samuel Bass, Ebenezer Warren, Joseph Heath, Samuel Swett and Ebenezer Seaver.

Court Of Sessions

The Court of General Sessions of the Peace, usually referred to as the "Court of Sessions," of Norfolk County held its first session on the last Tuesday in September, 1793. John Jones, of Dover, signed the record as presiding justice, but that record does not show who the other justices were. By the act of February 2.7, 1787, six years before Norfolk County was organized, this court was given power over county affairs similar to that now exercised by the county commissioners.

On June 19, 1807, the structure of this court was changed so as to consist of a chief justice and four associates, to be appointed by the governor. Ebenezer Seaver, of Roxbury, was appointed chief justice; William Aspinwall, of Brookline; John Ellis, of Medway; Joseph Bemis, of Canton; and Samuel Day, of Wrentham, associates. Mr. Aspinwall resigned soon after his appointment and Nathaniel Ruggles was appointed to the vacancy. Exactly two years later, the powers and duties of the Court of Sessions were transferred to the Court of Common Pleas.

On June 25, 181 1, a few days after the Circuit Court of Common Pleas was established, the Court of Sessions was revived by an act, Section 1 of which was as follows: "From and after. the first day of September next an act passed June 19, 1809, is repealed and all acts before in force relative to the Court of General Sessions of the Peace are revived." Judges Seaver, Ellis, Bemis, Day and Ruggles were then reappointed.

Another change was made by the act of February 28, 18 14, when the powers and duties of the Court of Sessions were transferred to the Circuit Court, except in the counties of Suffolk, Dukes and Nantucket. Section 4 of the act provided that : "The governor shall appoint two discreet persons, being freeholders, within each county, who shall be session justices of the Circuit Court of Common Pleas in their respective counties."

In accordance with this section, the governor on June 11, 1814, appointed as session justices in Norfolk County Ebenezer Warren, of Foxboro, and Samuel Bass, of Randolph. They were succeeded in 1816 by Samuel Swett, of Dedham, and Joseph Heath, of Roxbury. In 1819 Ebenezer Seaver, who had been chief justice of the Court of Sessions from its reestablishment in 1809, was appointed a session justice of the Circuit Court.

The Court of Sessions was again revived by the act of February 20, 1819, with a chief justice and two associate justices. On June 16, 1819, the governor appointed Jairus Ware, of Wrentham, chief justice, Ebenezer Warren and Samuel

Swett, associate justices. Two justices were added to the court by the act of February 26, 1822, and in April Daniel Adarms, of Medfield, and Samuel P. Loud, of Dorchester, were appointed as the additional justices. Jairus Ware was elected clerk of the courts on September 1, 1826, and William Ellis was appointed, Daniel Adams being made chief justice. The Court of Sessions came to its final end by the passage of the act of February 26, 1828, which created the board of county commissioners to "have, exercise and perform, except so far as modified by the provisions of this act, all the powers, authorities and duties which before and until the passing of this act, the Courts of Sessions or Commissioners of Highways have by law exercised and performed."

Court Of Probate

On July 2, 1793, William Heath, of Roxbury, who had served as majorgeneral in the Continental army during the Revolution, was appointed judge of probate for Norfolk County, and also one of the justices of the Court of Common Pleas. He continued to serve until his death in 1814, when Edward H. Robbins, of Milton, was appointed. He also served until his death, which occurred on December 29, 1829, and on January 26, 1830, Sherman Leland, of Roxbury, was appointed as his successor. Judge Leland died on November 19, 1853, and was succeeded by his son, William S. Leland, who continued in office until the Probate Court was consolidated with the Court of Insolvency in 1858, when George White, of Quincy, was appointed. The Court of Insolvency was created in 1856 and Francis Hilliard, of Roxbury, was judge until the court was merged into the Probate Court two years later. The present judge of probate is James H. Flint.

District Courts

As the population of the state multiplied and the business of the courts correspondingly increased, it became apparent that the Superior Court needed some assistance in the transaction of that business. The Legislature then established District Courts in such counties as stood in greatest need of additional tribunals. The first District Court was established in Berkshire County. On April 30, 1872, the District Court of Eastern Norfolk was created, to be held in Quincy and to have jurisdiction over the towns of Braintree, Cohasset, Holbrook, Quincy, Randolph and Weymouth. In 1910 the Legislature authorized the erection of a courthouse for this district at Quincy.

The Southern Norfolk District Court was established by the act of April 30, 1891, to have jurisdiction over the towns of Avon, Canton, Sharon and Stoughton. The sessions of the court are held in Stoughton and Canton, but no courthouse has ever been erected in this district.

On May 2"], 1898, the Northern Norfolk District Court was created, with jurisdiction over the towns of Dedham, Dover, Hyde Park, Medfield, Needham, Norwood and Westwood. Hyde Park has since been annexed to the City of Boston, otherwise the jurisdiction of the court remains the same. The sessions of this court are held in Dedham.

lished by the act of June 3, 1898. It has jurisdiction over the towns of Bellingham, Foxboro, Franklin, Medway, Millis, Norfolk, Plainville, Walpole and Wrentham. Sessions of this court are held in Franklin and Walpole.

District Justices

Under the provisions of the acts creating the several District Courts, each district has a justice and two special justices. At the beginning of the year 1917, the justices in Norfolk County were as follows: Eastern Norfolk - Albert E. Avery, justice; E. Granville Pratt and Louis A. Cook, special justices; Lawrence W. Lyons, clerk. Northern Norfolk - Emery Grover, justice; Harrison A. Plympton and James A. Halloran, special justices; Clifford B. Sanborn, clerk. Southern Norfolk - Oscar A. Marden, justice; Henry F. Buswell and Gerald A. Healy, special justices; Michael F. Ward, clerk. Western Norfolk - Orestes T. Doe, justice; Henry E. Ruggles and Elbridge J. Whitaker, special justices; Harry L. Howard, clerk.

The Bar

Davis' History of the Bench and Bar of Massachusetts (vol. II., p. 52) says: "At the first meeting of the Norfolk bar, held September 28, 1797, only eight were present, and before the next meeting, held in 1802, only six more had become members. The list at the latter date included Fisher Ames, Samuel Haven, of Dedham; Horatio Townsend, of Medfield ; Thomas Williams, of Roxbury ; Edward Hutchinson Robbins, of Dorchester; Asaph Churchill, of Milton; William P. Whitney, Henry M. Lisle, Jairus Ware, John Shirley Williams, James Richardson and Gideon L. Thayer."

A sketch of Fisher Ames, who was no doubt the leading member of the bar at that time, appears in another chapter of this work. Samuel Haven was a son of Rev. Jason Haven and was born in Dedham on April 5, 1771. He graduated at Harvard in 1789, studied law with Fisher Ames and with his cousin, Samuel Dexter, in Boston, and was admitted to the bar in Suffolk County. When the County of Norfolk was established in 1793 he was appointed register of probate, and in 1802 he was appointed a special justice of the Court of Common Pleas, serving until the court was abolished in 181 1. In 1833 he removed to Roxbury and died there in 1847.

Asaph Churchill was born in Middleboro on May 5, 1765, and graduated at Harvard in 1789. He studied law with John Davis in Boston and was admitted to the bar the year Norfolk County was organized. A little later he removed to Milton. From 1810 to 1812 he was a member of the Massachusetts House of Representatives. Mr. Churchill was recognized as one of the leading attorneys of Norfolk County and had a large number of clients. He died at his home in Milton on June 30, 1841. Two of his sons - xA.saph and Joseph McKean - both studied law, were admitted to the bar and became prominent in political affairs. The former was born on April 20, 1814; graduated at Harvard in 1831 ; was admitted to the bar before he was twenty-one years of age ; was state senator from Norfolk County in 1857; was a director of the Dorchester and Milton Bank (later the Blue Hill Bank) for more than twenty-five years, part of which time he was president of the institution; and was president of the Dorchester Mutual Fire Insurance Company. Joseph McKean Churchill was born in Milton on April 29, 1821; graduated at Harvard in 1840 and at the Harvard Law School in 1845; began practice in Boston; was representative to the General Court from Milton in 1858; was a member of the constitutional convention in 1853; served in the Executive Council in 1859-60; was captain of Company B, Forty-fifth Massachusetts Infantry in the War of the Rebellion; was county commissioner from 1868 to 1871. He was then appointed associate justice of the Boston Municipal Court, in which he had been special justice since 1867. He died in Milton on March 23, 1886.

Horatio Townsend, one of the lawyers who attended the first meeting of the Norfolk bar, was born in Medfield on March 29, 1763, and graduated at Harvard when he was twenty years old. He then studied law with Theophilus Parsons of Newburyport and upon his admission to the bar began practice in Medfield. In 1799 he was appointed special justice of the Court of Common Pleas, and about the same time was appointed clerk of the courts. He was removed from the clerk's office in 181 1 by Governor Gerry, but was reappointed the following year by Governor Strong and held the office until his death, which occurred at Dedham on July 9, 1826.

Edward H. Robbins was born in Milton on February 19, 1758, and was therefore forty-four years of age when he attended the bar meeting in 1802. He graduated at Harvard in 1775; studied law with Oakes Ames of Bridgewater; began practice in his native town in 1780; was speaker of the Massachusetts House of Representatives from 1793 to 1802; was elected lieutenant-governor in 1802 and held the office for four years; was one of the early justices of the Norfolk Court of Common Pleas; was appointed judge of probate for Norfolk County in 1814 and held the office until his death on December 29, 1829.

John S. Williams was born in Roxbury on May 3, 1772 ; graduated at Harvard in 1797; practiced law in Roxbury and Dedham ; was an attorney of the Supreme Judicial Court in 1803; was appointed clerk of the courts by Governor Gerry in 181 1, but was removed the next year by Governor Strong; held the office of county attorney for a time, and died at Ware, Massachusetts, in May, 1843.

James Richardson was a native of Medfield, where he was born on October 12, 1 77 1. After graduating at Harvard in 1797 he entered the law office of Fisher Ames in Dedham as a student, and was admitted to the bar in 1799. He then formed a partnership with Fisher Ames, which lasted until the death of the latter in 1808. In 1803 he was made an attorney of the Supreme Judicial Court; was elected state senator in 1813 ; was a member of the constitutional convention of 1820; was one of the presidential electors in 1832; was president of the old county Bar Association for a number of years ; and was president of the Norfolk Mutual Fire Insurance Company at the time of his death in May, 1858. _

Jairus Ware was born in Wrentham on January 22, 1772 ; graduated at Brown University in 1797; practiced law in Wrentham; was representative to the General Court from 1809 to 1816 and again from 1818 to 1823; was a member of the Executive Council in 1825-26; was appointed justice of the Circuit Court of Common Pleas in 181 1, and chief justice of the Court of Sessions in 1819. Upon the death of Horatio Townsend in 1826, he was appointed clerk of the courts and held that office until his death at Dedham on January 18, 1836.

Gideon L. Thayer was born in Braintree on September 24, 1777, and was a son of Gen. Ebenezer Thayer. He graduated at Harvard in 1798; studied law with Benjamin Whitman of Plymouth, and with Richard Cranch of Quincy, and was admitted to the bar in 1803 or 1804, though the records show that he attended the bar meeting of 1802. He had a high standing as an attorney and became a counsellor of the Supreme Judicial Court in 1808. He died on July 17, 1829.

Thomas B. Adams, one of the early lawyers of Norfolk County, was the third son of President John Adams, and was born in Quincy on September 15, 1772, while that town was a part of Braintree. He graduated at Harvard in 1790; was admitted to the bar in Pennsylvania; returned to Quincy soon after Norfolk County was incorporated; was representative to the General Court from that town in 1805; was appointed chief justice of the Circuit Court of Common Pleas in 181 1; became a member of the Executive Council the same year; was made counsellor of the Supreme Judicial Court in March, 1808, and died at Quincy on March 12, 1832.

Erastus Worthington, native of Belchertown, was born October 8, 1779; graduated at Williams College in 1804; taught school a few terms; studied law with John Heard of Boston; was admitted to the Suffolk bar in 1807, but soon afterward removed to Dedham; was representative to the General Court in 1814- 15; in 1827 he published a History of Dedham written by himself; was one of the founders of the Norfolk Mutual Fire Insurance Company; and was the author of an "Essay on the Establishment of a Chancery Jurisdiction in Massachusetts, " which is believed to have been the first published argument in favor of an equity jurisdiction in the state. He died at Dedham on June 2"], 1842. His son, who also bore the name of Erastus, was admitted to the bar in 1854, and was for many years one of the most active members of the Dedham Historical Society. He was trial justice for eight years and in 1866 was chosen clerk of the courts.

Theron Metcalf, one of the most prominent lawyers in the Commonwealth of Massachusetts in the early years of the Nineteenth Century, was born in the Town of Franklin on October 16, 1784. In 1805 he graduated at Brown University and soon afterward began his legal studies with a Mr. Bacon of Canterbury, Connecticut. He was admitted to the bar in that state, after attending the law school at Litchfield (then the only law school in the United States), and then spent a year in the office of Hon. Seth Hastings at Mendon, Massachusetts. In September, 1808, he was admitted to the Norfolk bar, and in October, 181 1, as a counsellor of the Supreme Judicial Court. In April, 1817, he was made county attorney, which office he held for twelve years ; served three terms as representative in the General Court and was elected state senator in 1835 ; opened a law school in Dedham in the fall of 1828, where he had a number of students, some of whom afterward became prominent in the profession; and was for a time the editor of the Dedham Gazette. In December, 1839, he was appointed reporter of the decisions of the Supreme Judicial Court, where he performed his duties with such ability and fidelity that it has been said his volumes of the Massachusetts Reports are "the model and despair of his successors." On February 25, 1848, he was appointed a justice of the Supreme Judicial Court and remained upon the bench until August 31, 1865, when he resigned. In 1844 his Alma Mater conferred upon him the degree of LL. D. and four years later he received a similar honor from Harvard. While on the bench of the Supreme Judicial Court his opinions were noted for their precision of statement and their familiarity with precedents, both English and American, as well as with the principles and maxims of the common law. Judge Metcalf died in Boston on November 13, 1875.

Ezra Wilkinson, who was admitted to the Norfolk bar in 1828, was born in Attleboro, February 14, 1801 ; graduated at Brown University in 1824; studied law with Peter Pratt of Providence, Rhode Island, and Josiah J. Fiske of Wrentham; and in 1832 was admitted as a counsellor of the Supreme Judicial Court. He located at Dedham in 1835 and in 1843 was appointed by Governor Morton as district attorney for the district then composed of Norfolk and Worcester counties, which office he held for twelve years. When the Superior Court was established in 1859, Mr. Wilkinson was appointed one of the associate justices and he remained on the bench until his death on February 6, 1882. Judge Wilkinson was one of the prominent men in the democratic party in his day. He represented Dedham in the General Court in 1841, 1851 and 1856; was a member of the constitutional convention of 1853; and in one campaign was the nominee of his party for Congress against John Quincy Adams.

William Gaston, son of Alexander and Keziah (Arnold) Gaston, was born at Killingly, Connecticut, October 3, 1820, and was of Huguenot ancestry. In 1838 his father removed to Boston and in 1840 William graduated with honors at Brown University. He then entered the law office of Francis Hilliard in Roxbury, later completing his legal studies with Curtis & Curtis of Boston, and in December, 1844, was admitted to the bar. Beginning practice in Roxbury (then in Norfolk County), he soon rose to a position in the front rank of attorneys. In 1865 he formed a partnership with Harvey Jewell and Walbridge A. Field, under the firm name of Jewell, Gaston and Field, which partnership lasted until 1874. Roxbury was annexed to Boston in 1867, and in 1871-72 he served as mayor of the city. In 1853-54-56 he represented Roxbury in the General Court, and in 1868 was elected to the state senate. In 1874 he was elected governor of Massachusetts and while governor received the degree of LL. D. from both Brown and Harvard universities.

Ellis Ames was born in Stoughton on October 17, 1809, and was a descendant of William Ames, who settled in Braintree in 1634. In 1830 he graduated at Brown University and then studied law in the office of William Baylies of West Bridgewater. In December, 1833, he was admitted to the bar in Plymouth County and began practice in West Bridgewater, representing that town in the Legislatures of 1833 to 1836, inclusive. In March, 1837, he removed to Canton and soon became identified with the bar of Norfolk County. It has been said of him that "His only vocation was his profession, his only avocation was historical study. The one was his life work, the other was his pleasure. To the two together he gave his time, and few were more skillful or accurate in either. He would have graced a professor's chair in history, as well as a judge's seat upon the bench." He died at Canton on October 30, 1884.

Seth Ames, the youngest child of Fisher Ames, was born in Dedham, April 19, 1805; graduated at Harvard with the class of 1825; studied law with Theron Metcalf, and was admitted to the bar in 1828. He began practice at Lowell, and in fact never practiced in Norfolk County. In 1859 he was appointed a justice of the Superior Court and became chief justice of that tribunal in 1867. From 1869 to 1881, he was one of the associate justices of the Supreme Judicial Court. He died at his home in Brookline on August 15, 1881.

Edward Avery was born in Marblehead on March 12, 1828. His father, Gen. Samuel Avery, was a native of Vermont and was an officer in the War of 1812. Edward was educated in the Marblehead public schools, the Brooks Classical School in Boston, and the Harvard Law School. He studied law with Frederick W. Choate and was admitted to the bar in Worcester County in 1849. About two years later he located in Boston, where he formed a partnership with George M. Hobbs, becoming a resident of Norfolk County a little later. In 1866 he was elected to represent Braintree in the lower house of the Legislature and was one of the eight democrats in that body at the ensuing session. The following year he was reelected, and was also elected to the senate from the district composed of Norfolk and Plymouth counties. He was also the candidate of his party for attorney-general and member of Congress.

This list of attorneys might be extended indefinitely, but enough has been said to show the character of the men who have upheld the legal profession in Norfolk County since its establishment. Others of more or less prominence in the profession were : Naaman L. White, of Braintree ; Samuel Warner and Josiah J. Fiske, of Wrentham ; James Humphrey, of Weymouth ; Nathaniel F. Safford, of Milton; Samuel B. Noyes, of Canton; Waldo Colburn, of Dedham; Thomas Greenleaf, of Quincy; Jonathan H. Cobb, of Sharon; and Edward L. Pierce, of Milton. Of the lawyers now living and practicing in the county, - they are too well known to need mention in this chapter.

Bar Association

In Hurd's History of Norfolk County, published in 18S4, is a chapter on the Bench and Bar, written by Erastus Worthington, in which several references are made to a bar association, but no further record of that organization can be found.

In January, 1886, a number of attorneys, engaged in or waiting for hearings in the Superior Court at Dedham, were gathered in the law library adjoining the court room, when the subject of forming a bar association was mentioned. The result was that Everett C. Bumpus, Erastus Worthington and Charles A. Mackintosh were authorized to send invitations to attorneys practicing in the county to meet at the office of James E. Cotter in Boston, Saturday noon, January 23, 1886, to form such an association. Twenty-eight lawyers responded to the invitations and met at the appointed time and place. Asa French was chosen chairman, and Oscar A. Marden, secretary. These two gentlemen, with Charles A. Mackintosh, Erastus Worthington, George W. W'iggin, Everett C. Bumpus and James E. Cotter, were chosen as a committee to present a plan of organization at an adjourned meeting to be held at the district attorney's office in Dedham on February 16, 1886.

At the adjourned meeting, the committee submitted a constitution, which was adopted, and the following officers were elected : Asa French, president , Erastus Worthington. vice president; Oscar A. Marden, secretary; George W. Wiggin, treasurer; Everett C. Bumpus, James E. Cotter, Moses Williams, Alonzo

B. Wentworth, William G. A. Pattee, Henry F. Buswell, Charles H. Drew, Tames Hewins and Charles A. Mackintosh, council. The name, adopted at that meeting, is "The Bar Association of Norfolk County."

Henry F. Buswell, George K. Clarke and Sigourney Butler were elected a committee to arrange for the first dinner of the association, and Mr. Buswell and Mr. Clarke have been on the dinner committee from that date to the present. The annual meeting and dinner of the association is held on the Saturday next preceding the third Tuesday of February.

Any attorney regularly admitted to practice in the Massachusetts courts, residing or practicing in Norfolk County, is eligible for membership. The roll of membership, as published in 191 7, bears the names of 215 who are or have been members. Fourteen of the original twenty-eight who met at Mr. Cotter's office on January 23, 1886, are still living and engaged in practice. Fifty members have been removed by death, and the present active membership is about sixty. The presidents of the association have been as follows: Asa French, 1886-92; Fdward Avery, 1892-95; Erastus Worthington, 1895-97; James E. Cotter, 1897-99; Frederick D. Ely, 1899-190 1 ; Oscar A. Marden, 1901-03; George W. Wiggin, 1903-05; Asa P. French, 1905-17.

Oscar A. Marden served as secretary until 1892, when he was succeeded by George K. Clarke, who was succeeded in turn in 1900 by Edward S. Fellows, who served but one year. Charles F. Spear was elected in 1901, and served until 1908, since which time Robert W. Carpenter has been secretary. The treasurers have been - George W. Wiggin, John P. S. Churchill, Ira C. Hersey, Edwin C. Jenney and Albert P. Worthen.

The officers for 1917 are as follows: President, Henry T. Richardson; Vice President, John W. McAnarney ; Secretary, Robert W. Carpenter; Treasurer. Albert P. Worthen ; Council, the four officers above named and Albert E. Avery, Homer Albers, Joseph P. Draper, Frederick G. Katzman, Fred. L. Norton, Russell A. Sears, George A. Sweetser, H. Ware Barnum and Everett C. Bumpus.

Law Library

A Law Library Association was organized in 181 5 and continued in existence until 1845. An attempt was made to reorganize it in i860, but it was unsuccessful. The present Norfolk County Law Library Association was formed in the year 1898 by the organization of attorneys-at-law resident in the county. The law provides that the inhabitants of the county shall have access to the library and may use the books therein subject to the provisions of by-laws adopted by the association. The county treasurer is required to pay annually to the association all sums paid into the county treasury by the clerk of the courts to an amount not exceeding $2,000 in one year, such sums to be applied to maintain and enlarge the library for the use of the courts and of citizens. Since the formation of the association a total of $39,819.80, not including the sums accrued in 1916, has been contributed by the county for the support of the library. The library is provided by the county with rooms at the court house in Dedham.