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The Bench and Bar of Litchfield County, Connecticut, 1709-1909

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The Bench and Bar of Litchfield County, Connecticut, 1709-1909 barThebenchofLitchfieldCounty,Connecticut,1709-1909 and Kilbourn CanfieldDwight TAPPING R EEVE. Sflje H cndj anh Dat of QJnwtttj, C lannectiott inm-19119 BIOGRAPHICAL S KETCHES OF MEMBERS HISTORYND A CATALOGUE OF THE LITCHFIELD LAW SCHOOL HISTORICAL N OTES BY DWIGHT C . KILBOURN Clerkf o Superior Court. Member of the Connecticut Historical Society, Member of the Kansas Historical Society, Vice- President of the Vn.cv-fiM Histor1cal 'Soc1ety .;"•,/ FfBIJSHED HEBY T Al'THOK LlTCHKlELD, C ONN. 1909 COPYRIGHT BY D WIGHT C. KILBOURN 19O9 Edition L imited to 500 THE M ATTATUCK PRESS WATERBURY, C ONNECTICUT gvetttvsn o f the gitcltftetd ^ ^ ^ r° "1 ^ ^ N CV 1s ?>? 2F2895 CONTENTS » ¥ FLIST O ILLUSTRATIONS XL STATEMENT O F THE CASE x1u JUDGE C IITRCH'S CENTENNIAL ADDRESS 1. First s ettlement of the towns. County organization. County Officers. Character of the people. Iron Works. Religious matters. Colonial and Revolutionary Wars. Newspapers. Merchants. Slitting Mills. Nail rods. Scythes. Iron Mines. Paper Mills. Woolen Mills. Emi gration to Vermont and the Western Reserve. Education. Morris' Academy. Miss Pierce's School. The Law School. F1rst Law Re ports. Lawyers. Doctors. Authors. Foreign Missionary Society. Mission School at Cornwall. Temperance Movement. Infidelity. The future. BOARDMAN'S E ARLY LIGHTS 39 Partridge T hatcher. Daniel Everett. Tapping Reeve. John Allen. Barzillai S losson. * -Samuel W. Southmayd. John Cotton Sm1th. Nathaniel S mith. Noah B. Benedict. James Gould. Asa Bacon. Elisha S terling. Jabcz W. Huntington. Phineas Miner. Leman Church. SEDG W ICK'S FIFTY YEARS AT THE BAR 68 Correspondence. O rganization of the Courts. Chief Justice Hosn1er. Judge P eters. Judge Chapman. Judge Bramard. Judge Bristol. Judge D aggett. The Superior Court. The County Court. Judge Petti- bone. J udge Strong. Judge Welch. Judges Burrall. Woodruff and Boardman. C lerk Frederick Wolcott. Sheriff Seymour. 1Messenger John S tone. Business of the County Court. Admission to the Bar. Practice. A uthorities in 1808. Judec Gould. Noah B. Benedict. Asa Bacon. G eneral Sterling. Judge Boardman. Phineas Mmer. William G. W illiams. John Strong, Jr. William M. Burrall. Col. William Cogswell. S eth P. Beers. Perry Smith. Roger Mills. Michael F. Mills. C harles B. Phelps. Matthew Minor. Holbrook Curtis. Isaac Leavenworth. R oyal R. H1nman. Joseph H. Bellamy. Theodore North. L eman Church. William S. Holabird. George S. Boardman. Reflections. JUDGE W ARNER'S REMINISCENCES 100 Experiences i n the General Assembly. History of the Act allowing prisoners t o testify. Story about Dwight Morris. Adoniiah Strong. Col. J oshua Porter. John G. Mitchell. Ph1lander Wheeler. Aunt Polly. J ohn H. Hubbard. Roger Averill. Norton J. Buell. John Elmore. L eman Church. Miles Toby Granger. Col. Jacob B. Har- denburg. G eorge W. Peet. Michael "F. Mills. William K. Peck. Jr. William S . Holahird. Gideon Hall. Roland Hitcl>cock. Roger H. Mills. J ared B. Foster. Nelson Brewster. George Wheaton. Julius B. H arr1son. Solon B. Johnson. Frederick Chittenden. John G. Reed. X. C ONTENTS HISTORICAL N OTES 1 18 The f irst Court Record. Early Attorneys. Present Attorneys. Gov ernors. J udges. State Attorneys. Clerks. Sheriffs. Court Houses. Jury m atters. Witnesses. Stenographers. Students. Libraries. White F und. County- Centennial. Judge Daggett's Letter. Ancient Court E xpenses. County Court. NOTED T RIALS 144 The S ellick-Osborne case. Blasphemy. Wrong Verdict Stands. A Funeral O rder. Rabello. Robert DraUely. Bernice White. W1lliam H. G reen. James LcRoy. Burglars on a hand car. Liquor Prosecu t1ons. M asters vs. Warren Robbing vs. Coffin. Higgins' (Hadley) escape. M ichael Bion. Borgcsson. Tax case. Mannering. Norman Brooks' W ill case. John T. Hayes. Haddock vs. Haddock. CorxTY C ORONER, HEALTH OFFICER, ATTORNEY GENERAI 165 FIRSTAW L REPORTS 168 The p reface. Fac-simihc. Ephraim Kirby. His law bonks. THE C orxTY JAIL 176 THE L 1Tc1mELD LAW Scuoo1 178 Chas.. C Moore's article from the Law Notes. Charles G. Loring's ad dress. A S tudents letter. Augustus Hand's letter. The Buildings. The C atalogue. BIOGRAPHICAL N OTES ALPHABETICALLY ARRANGED 215 LIGANS 3 07 Ex-Governor a nd Ex-Chief Justice Andrews address. A demurrer de Kickapoo Indians. Sound Advice of Albert Wadhams. The Annual Banquets. President Huntington's address. Rev. A. N. Lewis' letter. Hurlbut1sms. Felicities. Poetry. Jokes. Judge's Evidence. Old Grimes. Complimentary dinner to Judge O. S. Seymour at Bridgeport. Watertown trial. New Milford Power Company. Sermon at the Ex ecution of John Jacobs, 1768. Truman Smith. Jury Commissioners. County Commissioners. Court Messengers. The Judgment File. FINDEX O NAMES LISTF O ILLUSTRATIONS ** Old L itchfield 11 Church. S amuel 1 Tearmg d own King George Statue7 1 Coe, W illiam G. 7« Old W rit 48 Cogswell. L eonard VY. 132 County C entennial 1851 34 Cothren, W illiam I50 Superior C ourt in Sess1on 122 Dowd, W heaton F. M4 Court H ouses 128 Ellsworth. W ilham W. J4^ Judge P reston's Tombstone 143 Hthendge. F rank W. 166 First L aw Report, fac-simile 168 Fenn, A ugustus A. I54 County J ail 176 Foster, J ared B. 116 Law S chool Buildings 180 Gould. J ames 184 Reeve's B uilding 192 Granger. M iles T. 156 Gould's B uild1ng 194 Graves, H enry B. 152 May i t please the Court 308 Guernsey. H oward M. 344 Kickapoo I ndians 3M Hall. G ideon "3 Banquet 316 Harrison, G eorge C. 342 Old G rimes 320 Herman, S amuel A. 250 Judges E vidence, fac-similie 328 Hickox, G eorge A. 250 Title p age of Old Sermon 340 Higgins. R ichard T. 165 Hitchcock. R oland "4 PORTRAITS Holcomb. M arcus H. 167 Allen. H enry J. 164 Hollister. G ideon H. 253 Andrews. C harles B. 310. 2 20 Horne, S amuel B. 254 Bacon. A sa (Group) &3 Hublvard. J ohn H. 106 Francis 63 Huntington. J ames 256 Epa'phroditus C . 63 Hurlhut. W 1lliam F. 142 Baldwin. B irdseyc "5 Karl. J ohn J. 344 .George H 223 Kilhourn. D wight C. IKJ Barnes. A ndrew G. 342 Kirbv. E phraim 170 Beers. S eth P. 93 McMahon. J ames H. 136 Beemnn. F reder1ck D. 138 Middlebrooks. C hesterfield C. 2 66 Ballamy, J oseph H. 78 Mills. M ichael F. 78 Benedict, N oah B. 58 Mosher, L ewis W. 33^ Botsford. H enry A. 229 Nellis, E dward A. 10J Brinsmade. D aniel N. 231 Nickerson, L eonard J. 163 Buel. C hauncey J. 336 Nettleton. C harles 269 Canfield. J udson 232 Pierpont. J ohn 272. 3 45 Col. S amuel 18 Pettibone, A ugustus 78 Case, H ubert B. 344 Phelps, C harles B. 94 Catlin, A bijah 236 Porter, C harles J. 10 6 George 234 Platt. O rville H. 276 MI I LLfSTRATIONS Ransom, W ilham L. 124 T uttle, Byron 342 Reeve, Tapping — Frontispiece Warner. A rthur D. 167 Roraback, Alberto T. 133 D onald J. 100 Ryan, Thomas F. 277 D onald T. 126 Sanford. David C. 278 W elch, G1deon H. 141 Henry S . 280 W essells, Col. L. W. 301 Scdgwick, Charles F. 71 Wheaton, George 115 Albert 281 W illiams, Frederic M. 300 S eymour, Edward W. 130 Hubert 298 Origen S . 210 Wolcott. Frederick 81 Ozias 287 Gen. Oliver 173 Origen S ., 2nd 287 Gov. Oliver 302 Morris. W 287 Woodruff. George C. 195 Moses, J r. 285 George M. 200 Sherman. Roger 172 Lewis B. 206 Smith, John Cotton 28, 2 90 Morris, (Group) 306 Truman 96 J ames P. 306 Wellington B . 158 C ounty Coroners .U4 Willey. T 336 M essengers 344 Turkington, Frank H. 299 J ury Commissioners 343 STATEMENT O F THE CASE The p ractice of the law in the English speaking colonies of the new world previous to the organization of Litchneld County is an interesting study of various methods of procedure all founded upon the pract1ce of the mother country. Some were copied from the common law courts, and some from the other courts and in hardly any two colonies was there similarity of practice, while the old com mon law of England was a general guide to the interpretation of the statute law, with such mod1fications in the Puritan colonies as the mosaic law suggested to the religious teachers and pastors thereof. About t he time our county was organized, these different modes of practice began to be crystallized into a more established form. There were practically no attorneys, as we now understand the term, "men learned in the law." In many sections there was some influential man who was generally known as "the Squire." and whose opinions ruled the circle of his acquaintance. In this county there were only five or six men who pretended to be lawyers. Directly a fter the formation of the county and the establishment of the county court, these men were admitted to practice as at torneys with slight examinations, and with little knowledge df the law, but they were strong-minded and of sterling character, oracles in their own communities, and they very soon brought the decisions of the county court of this county to the front rank of judicature. It was in this opportune period that Tapping Reeve located at Litchfield and unintentionally began that process which eventually overthrew the common law of England, for a common law of our own, and changed the old forms, rules and precedents which had so long prevailed. The close of the Revolutionary War utterly de stroyed the doctrine that "the king could do no wrong" and swept away his prerogatives and common laws ; and while we now quote the good contained in the "wisdom of ages," we decide questions by Reeves, Swift and Gould, and modern "wise instances." Ten y ears ago the compiler of this book conceived the idea of collecting and preserving in a permanent form a mass of material which was then available relating to the legal history and tradition of his native county, and in the midst of his active duties as the Clerk of its courts, has gathered these items and now presents them for your consideration, believing his work to be a somewhat valuable contribution to our earlier historv.
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