Worcester County, Massachusetts - The Bench and Bar, 1889 (part 4 of 4)

Mr. Verry, with whom he was long associated, was one of the acknowledged leaders of the bar: his cool judgment, marvelous readiness in the crisis of a case and his brilliant powers as an advocate rendered him almost invincible, in the trial of causes. Mr. Gaskill was far too apt and able a pupil to fail to profit from his close professional and personal intimacy with Mr. Verry. The opportunity for study thus given him in the practice of the law has abundantly equipped him for his arduous and responsible duties as prosecuting officer. While Mr. Gaskill was acting district attorney the now famous case of Commonwealth vs. Pierce came before our Criminal Court. The defendant was a so-called physician, and, by reason of treating a patient with baths and poultices of kerosene oil, finally produced her death. He was indicted for manslaughter. It was extremely doubtful whether the defendant Pierce could be convicted, by reason of a much questioned decision of the Supreme Court in an early cise. It was, however, of grave moment to bring this vexed question again to the bar of the Supreme Court for revision. The indictment, a remarkably skillful piece of criminal pleading, was drawn by Mr. Gaskill, with the able assistance of C. F. Baker, Esq., then assistant district attorney. Later, after a closely contested trial. Col. Hopkins, then district attorney, managing the government's case, a verdict of guilty was rendered ; and after exh.austive arguments of the law questions before the Supreme Court the conviction of the defendant was sustained, largely through the courage and confidence which Mr. G;iskill had in the righteousness of this cause, the original prosecution of which was instituted by him. We now have the decision of the Supreme Court that homicidal medical pretenders shall not escape responsibility for the fatal results of their incompetency on the plea that ignorance and not malice caused the death of their victim.

In a large number of the important legal controversies in our county Mr. Gaskill has been of counsel. His clients, no less than his opponents, know the zeal, the energy and the learning which he displays in the preparation and trial of his cases. To the discharge of the duties of the office of district attorney he has brought all the fidelity and ability which have given him .success and honorable reputation at the bar, on the civil side of the court. With unflagging constancy and integrity he has conducted the affiiirs of the people entrusted to his hands.

In the two years now expired of his current term of office, prosecutions of great interest have been conducted by him, one among many being that of a notorious mal-practitioner, whose victim had made a dying declaration charging the crime upon the accused ; but, by reason of the inapt phraseology of the statute, it was held by the court upon the trial that the dying declaration could not be used in evidence upon a trial for abortion ; the case was given to the jury without this evidence, and a verdict of guilty followed, which, for insufficiency of evidence, was set aside. Thereupon an indictment was found for manslaughter by negligence, which was a sagacious, but by many lawyers thought a futile, effiirt to prevent the escape of a guilty person, by reason of an inefficient statute. Mr. Gaskill brought the accused to trial on the charge of manslaughter, and, though defended with great zeal and ability, the prisoner was convicted ; for in this case the dying declaration was unquestionably admissible, and was admitted. After mature consideration by the counsel for the defense, the exceptions were waived, and sentence was imposed upon the defendant.

This successful prosecution is adverted to as demonstrating the vigilance and energy of Mr. Gaskill's methods, manifested as well in his prompt and systematic management at each term of the Criminal Court, where everything upon the docket which can be tried is brought forward and disposed of. In this district at least, there exists no complaint of an accumulation of untried ca.ses.

Sureties, who have pledged themselves to secure the attendance of an accused person for his trial, have learned that a bail bond is a stern and inexorable compact, which they cannot evade ; no less have persons who appeal from sentences in the lower courts learned that they must speedily answer on trial in the Superior Court.

It is a noteworthy fact, and one upon which Mr. Gaskill may well look with legitimate pride, that in the two years of his term of office as district attorney no indictment drawn by him has been quashed for any insufficiency in form.

Happily, the time has not yet come for writing a completed biography of the subject of this sketch ; his life-work is not yet done, and it may be confidently hoped that many years of usefulness are yet before him ; here only brief mention can be made of some of the events (and those chiefly professional) of his past life.

The biographer of one still in active life must carefully observe a due consideration for him whose life and character is under discussion, and so scrupulously avoid anything by way of seeming eulogy, however well deserved and just such eulogy may be.

The mf^re recital of the events of Mr. Gaskill's life, the positions of honor and trust to which he has been called, the distinguished reputation he has gained in his profession, the respect and esteem in which he is held by his cotemporaries, all make up a more eloquent eulogy than the pen of any biographer could frame.

It is fitting to add, however, what no one can or would wish to gainsay, that Mr. Gaskill has fully maintained the high moral and professional standard established by his most distinguished predecessors in the office. In him the county and the people may see the realization of those rare qualities of mind and character which are required of him, who is at once prosecuting officer of the Commonwealth, but no less, in accordance with the merciful and just consideration of our criminal jurisprudence, " the prisoner's attorney."

TnEODORE S. Johnson.' - Worcester County has been exceptionally fortunate during its history in securing for clerk of the courts men of high character and pronounced ability. It is an office of dignity and of great responsibility, requiring exact legal knowledge, and a ready fund of fertility upon which instant drafts must frequently be made. It is enriched with ample compensation, only slighly below that established for a justice of the Superior Court.

Some of the incumbents of the office have yielded to its attractions after distinguished service in Congress, others after effective labors in other capacities, while still others have relinquished it for a seat in Congress.

The term of service of most has been long. Since the incorporation of the county, in 1731, a period of nearly one hundred and sisty years, there have been but eleven different persons holding the office. No fairer test than this can be applied to determine the measure of satisfaction with which the affairs of the office have been administered.

The incumbent is judged by two standards - one adopted by the judges and lawyers, with whom he is brought into closest relations ; the other, proceeding from parties in causes, jurors and the public at large. The former is applied more particularly to his legal capacity and general administration of the office; the latter to his characteristics. The combination of qualities to satisfy both tests is not often found.

Theodore S. Johnson was born in Dana, in this county, in 1843. After attendance in the common schools of his native town and at the High School and Wilbraham Academy, he came to Worcester in 1864, and entered as a student the law-office of Dewey & Williams. He was admitted to the bar in 1S6G, and immediately began the practice of his profession in Blackstone. In 1867 he was appointed trial justice by Governor Bullock, and held the office till 1871.

In the latter year Hon. Hartley Williams, in whose office Mr. Johnson had studied law, was judge of the Municipal Court of Worcester, and a vacancy occurring in the office of clerk of that court, he quickly turned to Mr. Johnson as admirably qualified to fill the position ; he was at once appointed and continued as such and as clerk of the Central District Court of Worcester till 1881. The sagacious treatment of the great volume and variety of business in those courts requiring the action and attention of the clerk during those years certainly justified the judgment of his friend and instructor, Judge Williams.

In 1881 Mr. Johnson was elected to his present office as clerk of the courts for Worcester County for the term of five years, and in 1886 was re-elected for a similar term.

He was captain and judge advocate on the staff of the Third Brigade Massachusetts Volunteer Militia from 1874 to 1876, inclusive. He was selected in 1878 by Governor Talbot as colonel and aide-de-camp upon his Gubernatorial staff.

Mr. Johnson's discriminating political judgment, as well as his prominence as a citizen of Worcester and his earnest belief in the Republican party, led naturally to his selection as Worcester's representative on the Republican State Central Committee from 1881 to 1884, inclusive.

Valuable as his other service have been, honorable as the other positions are which he has held, identified as he has been with other material and social interests of Worcester and Worcester County, yet his administration of the office of clerk of the courts has been by far his most significant and successful service.

The writer of this sketch can best apply the legal test hitherto spoken of, and Mr. Johnson can securely rest in the confidence and approbation ofthe bar when that is invoked. His generous courtesy and ready service to his brethren of the bar and to others, and his unimpeachable character never fail to satisfy the other test.

List of Members of the Bar. - In the following list it is intended to give the names of all persons who were members ofthe Worcester County bar January 1, 1889, and of those who had been members of it at any time since the establisliment of the county, with the date and place of the birth and graduation of each (if graduated), the date of admission to the bar, and the place or places where they have practised, so far as it has been practicable to obtain tlie facts.

Explanations. - The ' indicates that the person was dead January 1, 1889; r., removal from the county. The colleges at which persons named were graduated or attended are indicated by initial letters, thus : H. C, Harvard College ; B. U., Brown University ; A. C, Amherst College; Y. C, Yale College; AV. C, Williams College; D. C, Dartmouth College ; M. U., Michigan University ; W. U., Wesleyan University ; U. v., University of Vermont ; U. C, Union College; B. C, Bowdoin College; N. U., Norwich University; U. of C, University of Cal.; H. Cr., Holy Cross College; McG., McGill University; C. U., . Colby University ; T. C, Tuffs College ; St. M., St. Michael's College ; N. D., University of Notre Dame.

Erasmus Babbitt,' born in Sturbridge, 1765 ; gradual f at H. C, 1790 ; practised in Cliarlton, Grafton, 0>. : .id, Sturbridge and Westboro'.

The Bench And Bak

William T. Harlow, born in Shrewsbury, 1828 ; graduated at Y. C, 1851 ; admitted 1853 ; practised in Spencer, Red Bluffs, Cal., and Worcester.

William S. B. Hopkins, born in Charleston, S. C, 1836; graduated at W. C, 1855; admitted 1858; practised in Ware, New Orleans, Greenfield and Worcester.

Pliny Merrick,' born in Brookfield, 1794 ; graduated at H. C, 1814; admitted 1817; practised in Worcester, Charlton, Swansey, Taunton and Boston.

Lafayette W. Pierce, born in Chesterfield, N. H., 1826; graduated at N. U., 1846; admitted 1854; practised in Oxford, Westborough and Winchendon.

Seymour A. Tingier,' l)orn in Tolland ; graduated at W. C, 1855; admitted 1857; practised in Webster. Joseph A. Titus, born in Leicester, 1842; graduated at A. C, 1863 ; admitted 1868 ; practised in Worcester.

Paul P. Todd, r., born in Atkinson, N. H., 1819 ; graduated at D. C, 1842 ; admitted 1847; practised in Black.stone, Boston, St. Louis and New York.

George A. Tufts,' born in Dudley, 1797; graduated at H. C, 1818 ; admitted 1821 ; practised in Dudley. Stephen P. Twiss, r., born in Charlton, 1830; admitted 1853; practised in Worcester and Kansas City. Benjamin 0. Tyler, r., practised in Winchendon. Nathan Tyler,' graduated at H. C, 1779; practised in Uxbridge.

John L. Utley, r., born in Brimtield, 1S37; admitted 1874 ; practised in Blackstone and Worcester. Samuel Utley, born in Chesterfield, 1843; admitted 1867 ; practised in Worcester.

Emory Washburn,' born in Leicester, 1800 ; graduated at W. C, 1817; admitted 1821; practised in Charlemont, Leicester, Worcester and Cambridge.