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CHAPTER XVII.

THE COURTS AND THE BENCH AND BAR OF RUTLAND COUNTY.

Absence of Courts in Early Year. --The Old Superior Court --First Judges --The First Docket --The Old Court Records --Jurisdiction of the First Supreme Court --The First County Court --Its
Jurisdiction --Subsequent Changes --Probate Courts --Justices of the Peace and their Powers --The Records --An Early Rule of the Court --Whipping Posts --An Incident --Early Public House Licenses --Old Warrants, Complaints, etc. --Description of a Court Scene in Rutland --The County Bar.

T
HE inhabitants of the territory constituting the State of Vermont were, for a number of years after settlement began, without protection from what might be termed a court. There were committees and councils of safety in existence, but as to their nature, origin and the scope of their powers, little is

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definitely known, particularly as they may have exercised some of the functions. of the later courts.1 The truth is, there was no regular government in the State ; everything was unsettled ; no social compact existed, nor any bond of union save that which resulted from common wants and common dangers ; and everything that bore the semblance of organization was a premature offspring of urgent necessity.
Down to the year 1778 the territory of which this work treats thus continued outside the pale of judicial authority ; but such a state of affairs could not long continue, and in the year named, in the month of October, the Superior Court was established, its first sitting being held on the 26th day of May 1779. According to the law passed in February,
1779, from which we quote " This court shall have cognizance of any action where the matter does not exceed twenty pounds, or the fine does not exceed twelve pounds, except by appeal ;" in short, within the above limitations, it had jurisdiction in all cause of action. It consisted of five judges, one of whom was termed the chief judge, and four termed side judges, any three of whom could hold a court. It was virtually a copy of the old English system. Two of the judges had power to adjourn the court, and the clerk was appointed and sworn in by all of the judges. The chief judge, or, in his absence, any three of the side judges, had power to call a special court. Terms of this were directed to be held as follows : Within and for the county of Bennington, at Bennington, on the second Thursday of December then next. Within and for the county of Cumberland (a county, by the way, which never had a legal existence) at Westminster on the second Thursday of March, then next. Within and for the county of Bennington, at Rutland on the second Thursday of June then next. Within and for the county of Cumberland, at Newbury on the second Thursday of September then next.
The first judges of this court were Moses Robinson, chief judge; John Shep
hardson, John Fassett, jr., Thomas Chandler and John Throop, side judges. The first docket contained forty-one cases, in sixteen of which judgments were obtained and executions issued. Noah Smith was the State's attorney. On the very first page of the court records (now preserved in the Rutland county clerk's office) and preceding the docket, we find the following : —
" At an adjourned Superior court, holden at Westminster, in the county of Cumberland,
" Item, Stephen R. Bradley, esqr., was appointed Clerk of said court and sworn to a faithful discharge of his office by His Honour, Thomas Chandler, esqr.
"Item, Stephen R. Bradley, esqr., and Noah Smith, esqr., were appointed Attorneys at Law in said State and accordingly licensed to plead at the bar, being sworn thereto.

     1 SLADE'S State Papers.

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"Item,——— Chipman, esqr. [this was Nathaniel Chipman, the distin
guished jurist], was appointed attorney at Law in said State and accordingly Licensed to plead at the Bar, being sworn thereunto."
The last sitting of this Superior Court was held in Rutland in the spring of
1783, and probably in the old State-House, which is still standing on West street and of which an illustration will be found in this work. The clerk at that time was Obadiah Noble and he had with him, of course, the previous court records. These were left naturally enough with the clerk of Rutland county after the last session of the court. Previous to that date the court had been held in Tinmouth, then the county seat. In this manner all the old records are in a state of fair preservation, not only covering the period since the formation of Rutland county, but previous to that time and from the very beginning, and are now in the county clerk's office and jealously cared for by Clerk Henry H. Smith, who properly appreciates their great value.
Between the spring term and that of the following June the Superior Court
was supplanted by the Supreme Court, the first session of which was held in Rutland on the second Tuesday of June, 1783. This court consisted, down to 1786, of five justices, one of whom was the chief justice and four were assistant justices. From 1786 to 1825 it consisted of three justices ; in 1825, 1826 and 1827, it consisted of four justices ; and from 1827 it consisted for a number of years of five judges. Since that time two other assistant justices have been added, making seven at the present time.
Briefly, this Supreme Court had cognizance of all pleas of the State, crim
inal actions and causes, and whatever related to the preservation of the peace and punishment of offenders ; also of civil actions between party and party, between the State and any of its subjects, whether the same were brought before it by appeal, writ of error, or otherwise. It had exclusive jurisdiction of the crimes of adultery, polygamy and all capital felonies ; of treason, misprision of treason, counterfeiting the currency of the State, forgery, perjury, incest, rape, defaming the civil authority of the State, and all other crimes and misdemeanors where a fine or penalty went to the State treasury, or where the punishment extended to the loss of life, limb or banishment. The officers of this court and the others described in this chapter, are named in Chapter IX.
County Court.
The first County Court held on the west side of the Green Mountains sat at Tinmouth for the county of Rutland (then recently organized) on the 24th of April, 1781. Previous to this date the Superior Court, before described, was the only court of law and equity in the State. Jonathan Brace was made the clerk of this County Court, and Nathaniel Chipman still remained the State's attorney.
The County Court continued to sit
in Tinmouth until the fall of 1784, when, on the third Tuesday of November, it sat in the village of Rutland. Present, Han. Increase Moseley, chief judge ; Benjamin Whipple, William Ward and


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HISTORY OF RUTLAND COUNTY.

Samuel Mattocks (it is spelled " Mattox " in the record), assistant judges. Thompson's Civil History of Vermont (1840), the jurisdiction of the County Courts is given as follows : " The County Courts have in their respective counties, original and exclusive jurisdiction of all original civil actions, except such as are made cognizable by a justice, and of all such petitions as may by law be brought before such court, and appellate jurisdiction of all causes, civil and criminal, appealable to such court, and may render judgment thereon according to law. They also have jurisdiction of all prosecutions for criminal offenses, except such as are by law made cognizable by a justice, and may award such sentence as to law and justice appertains."
This is substantially the jurisdiction given to this court from the first.
There was no change in the County Court until 1824 (taking effect 1825), when the following provision of law was passed : " From and after third Thursday of October, in each county within this State [this court] shall consist of one chief justice, who shall be one of the justices of the Supreme Court, to be designated by the justices of the Supreme Court annually, for each circuit, and two assistant justices, to be appointed as now by law required ; any two of whom shall be a quorum to transact business."
The same act defines the jurisdiction of the court as follows : " Of all criminal matters of every name and nature, arising in such counties, except such as are made cognizable before justices of the peace, and award sentence on the same ; and in all civil actions whatever, except such as are by this act made cognizable by the Supreme Court and such as are cognizable before justices of the peace, and render judgment,
" etc.
The counties of Bennington, Rutland and Addison formed the first circuit, and the sessions in Rutland were ordered held on the second Mondays of April and September.
There have been no other changes in this court, except that in 1856 a circuit judge was specially elected, under Legislative enactment, to preside over the County Courts in his circuit, instead of one of the Supreme Court judges, as theretofore provided. This method prevailed, however, only during the year 1857, when the former plan was adopted.
The Court of Chancery was provided for, to be held in the several counties,
at the several times and places designated for holding the Supreme Court. The judges of the latter court were constituted judges or chancellors of the Court of Chancery, with powers similar to those held by the chancellors of the English courts. This court passed out of existence in 1839.
The judges of the Supreme Court previous to the organization of Rutland county were, for 1778, Moses Robinson, chief judge; John Shephardson, John Fassett, jr., Thomas Chandler and John Throop, side judges. 1779, Moses Robinson, John Shephardson, John Fassett, jr., John Throop and Paul Spooner. 1780, Moses Robinson, Paul Spooner, John Fassett, jr., Increase Moseley and John Throop.( See Chapter X. for subsequent judges).

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The clerks previous to the formation of the county were Stephen H. Bradley, whose administration embraced at first all the State, and subsequently be
came diminished as the various counties were organized ; and Jonathan Brace, who held the office one year.
Probate Courts. —These courts were established about simultaneously with the erection of the county, and have continued with little or no change until the present time. According to the statute it was provided that " this court shall be a court of record and shall have a seal." Its jurisdiction was made the probate of wills, settlement of testate and intestate estates, appointment of guardians, and over the powers, duties and rights of guardians and wards. It was provided that the probate judge should appoint a register, whom he might remove at his pleasure ; that he might issue warrants and processes to compel the attendance of witnesses, etc. This county was divided into two districts — the district of Rutland and the district of Fairhaven. The former embraces the towns of Rutland, Pittsford, Brandon, Chittenden, Pittsfield, Sherburne, Mendon, Clarendon, Shrewsbury, Mount Holly, Mount Tabor, Ira, Middletown, Tinmouth and Wallingford. The Fairhaven district includes the remaining towns of the county.
Justices of the Peace. —
These officials were until 1850 nominated and appointed annually by the General Assembly. Originally they had power to try all actions of a criminal nature, where the fines came within the sum of forty shillings, and the corporal punishment did not exceed ten stripes. They could also try civil actions (other than actions of defamation, replevin, trespass upon the freehold, and where the title of land was concerned), where the debt and other matters in demand did not exceed the sum of four pounds; and also determine on all specialties, notes of hand, and settle accounts not exceeding the sum of eight pounds. They could also bind over to be tried, by the County or Supreme Court, all criminal offenders the enormity of whose offenses surpassed their power to try.
The jurisdiction of justices of the peace has been gradually extended, as
experience has shown was desirable, and now embraces the hearing of all civil matters where not more than $200 is involved and criminal matters where the fine does not exceed twenty dollars. They may also cause persons charged with crimes exceeding their jurisdiction to be apprehended and committed to prison, or bound over with sufficient sureties, for trial by the County Court.
The constitution of the State was so amended in
1850 that assistant judges of the County Court, sheriffs and high bailiffs and State's attorneys were thereafter elected by the freemen of their respective counties, judges of probate by the freemen of their respective districts, and justices of the peace by the freemen of their respective towns.
The Records. —
In the records of the courts on file in the clerk's office of this county, extending as they do back even beyond the history of the county
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itself, are many things of surpassing interest which cannot for want of space be transcribed here ; but brief reference to some of them will not be out of place.
We find entered as a rule of the court, in connection with the first docket of the County Court, before alluded to, the following, which will inform the present bar how their predecessors of that day were admitted to practice :
" A rule made by the court for the admission of attorneys. — Application shall be made to the court, in a private manner, for the admission of every Gentleman to practice as an Attorney at the bar. And if the Court think proper, they will order a private examination of the candidate, or candidates, to be made by the gentlemen of the bar, and if they think proper, after the examination, may then recommend the candidate or candidates to the court in public and will order him or them to be sworn." Thus Darius Chipman was admitted "to the attorney's oath."
The whipping-post was an important adjunct of the early courts for the. suppression of crime, and was found in many of the towns of the county. The one used in the town of Rutland stood not far from the site of the present foun
tain in the park on Main street ; with it was connected, as customary, the pillory. Here many prisoners convicted of crime were stripped to the waist, tied up to the ring in the post and lashed with a cat-o'-nine-tails, the number of stripes being judged in the sentences. A criminal was thus punished in Rutland as late as 1808. There was, as is well known, a great deal of counterfeiting of paper money in the early years of the county's existence, and the punishment visited upon those engaged in the nefarious business was often very severe. In 1785 one Canfil Wood and another man named Carpenter were arrested and hurried through a trial in which their guilt was established. The sentence of the former was that he " receive fifteen stripes on the Naked Body, on the 15th day of instant [January]," in Rutland. Carpenter was sentenced to receive thirty-nine stripes. These sentences were executed, and the feeling of the community towards counterfeiters generally is indicated in a grim sort of way by the sheriff's return, on which was endorsed the fact of the execution of the sentence, followed by the expressive words, " Well laid on ! " There are persons living in Rutland to-day who well remember the whipping-post and its uses.
Another instance, the details of which have been searched by the kindness of Clerk Henry H. Smith, is similar in character to the one described, but shows more forcibly the expedition and certainty of execution observable in many of the old criminal cases. The crime in this instance was passing coun
terfeit money, and the time 1808. Royal Tyler was presiding judge and Theophilus Herrington and Jonas Galusha, assistant judges. The principal criminal of those arrested was found guilty and sentenced to stand one hour in the pillory, be whipped thirty-nine lashes at the public whipping-post, with cat-o'-
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nine-tails, and pay a fine of $500 and costs of prosecution ($67.20), and be confined to hard labor in the State prison for seven years and stand committed until said sentence be complied with. The others received sentences more or less similar. The trial, sentence and its execution, as far as the transportation to the prison, all took place in one day. The venerable Amasa Pooler, still living in Rutland, witnessed the whipping in this case, and saw the sheriff wash the naked backs of the culprits with rum, which he poured from a large pitcher. Something near a hundred sleighs were drawn up around the park, although the day was bitterly cold and the snow deep, to witness the execution of the sentence.
In 1782 the records show that the following persons in the county were licensed to keep public houses and sell liquors under certain restrictions. In Rutland, William Barr and Captain John Smith, 1st. Castleton, Reuben Moulton, Frederick Remington, Isaac Clark. Poultney, Silas How, Nathaniel Smith, Thomas Ashley. Pawlet, Jonathan Willard, Zadock Everist, Joseph Armstrong, Thomas Lothrop, E. Curtice, Elisha Clark. Clarendon, Increase Moseley, Elihu Smith, John Bowman, F. Tullar. Tinmouth, Solomon Bingham, Daniel Edgerton, Cephas Smith, Benjamin Haskins, Neri Crampton. Wallingford, Abraham Ives, Alvin Jackson.
Among the old warrants are many strange and quaint pictures of criminal life. One man was arrested for assaulting his wife, " taking his sword and other weapons Dangerous, in a manner which put y
'r Complainant in Fear of her Life and Safety."
So, also, in the numerous complaints are to be found interesting documents. John Burnam, esq., who is hereafter alluded to as long a prominent lawyer in Middletown, complained that " Titus Simonds, of Hartford, in the county of Cumberland, is guilty of Enimical Conduct against this and the United States of America,
in that he, the said Titus Simonds, on the 4th of September, 1777, did go over to the Enemy, and aid, and assist them against the said States and afterwards was found within the limits of the State, lurking in a secret manner," etc.
Another complaint of May 26,
1779, alleges that Isaac Reed, Enos Lovell and Asher Evens, did " break the peace in a Riotous and Tumultuous manner, assembled with other persons, by threatening and Insulting Capt. Lemuel Sargents, of Rockingham in s'd county, when in the execution of a Lawful command, all of which wicked conduct is a flagrant violation of the laws," etc.
Another of this class of documents alleges on the part of Elnathan Hubbell, of Bennington (after reciting his good name, etc.), that Abner Mill slan
dered him so as to " deprive him of his good name and fame, credit, esteem and reputation aforesaid, and to bring him into scandalous reproach and displeasure, in the following language ; 'Bennington, Aug. 6, 1779. These lines
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HISTORY OF RUTLAND COUNTY.

from your friend, Elnathan Hubbell to Abner Mill, I desire you'ld come and pay me for that hive of Bease you have taken from my house in the Silent Night, thinking you were secure, but there being two undiscovered to you have acquainted me which are your friends and mine and if you will come spedily and settle it with me, well I nor witnesses will not expose you, if not you may expect the sudden fate,' " etc.
Imprisonment for debt was not abolished in this State until the year 1839, previous to which the courts were burdened with that sort of legal business. But we cannot extend these quotations further. They serve to show in un
mistakable terms, the condition and practices of the courts and officers of early times.
In this connection the following quotation from an old volume entitled Travels Through the Northern Parts of the United States, in the Years 1807 and 1808, published in 1809 by Edward Augustus Kendall, describing a court scene in Rutland in early days, is pertinent and interesting : —
"Rutland is the county town of the most populous county in Vermont; and adjacent to the inn at which I put up, is the court-house. On my arrival, which was after sunset, I found the public curiosity engaged by a sitting in the court-house, on some persons apprehended on a charge of counterfeiting bank-bills. As this was an offense of which I had heard much in all parts of Ver
mont, I had my curiosity, too, and I repaired immediately to the tribunal.
" At my entrance, I saw, through the dusk, about a hundred persons, shabbily dressed, standing, sitting, and reclining on the benches and tables ; and from this apparent disorder, I came to an instant conclusion, that the court had adjourned ; but, after a few seconds, the words, this honourable court, which proceeded from the speaker whose voice I had not at first distinguished, drew me over to a contrary opinion, and I believed that the honourable court was certainly to be found in some portion of the presence in which I stood. Accordingly, I set myself, in all diligence, to look for it ; and, as the principal group was assembled on what I afterward found to be the right hand side of the bench, I first supposed it to be hidden there. Soon after, however, having :succeeded in distinguising the person of the orator, and observing the direction in which he addressed himself, I satisfied myself of my error. In short, I descried, upon the bench, four or five men, dressed like the rest, but differing in this, that they were bare-headed, while all the others wore hats. From this particular, I was henceforth constantly able to distinguish the court from the rest of the persons who filled, from time to time, the bench.
" Having now made myself acquainted with the court, I looked next for the jury and the prisoners ; but, jury there was none ; and, as for the single prisoner that was present, he sat, undistinguished, among the lookers-on. By degrees, I discovered, that though there was a whole bench of judges, and six or eight lawyers at the bar, this honourable court, of which the
name was a

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Court of Inquiry, was engaged merely in an affair of police, and was called upon only to discharge, or to commit for trial, two or three persons, apprehended as above. The court consisted only in the person of one of the magistrates, his bare-headed companions being but assistants in courtesy. This use of the words court or honourable court had often misled me, and I had now been as much misled as before.
" There is, in Vermont, as in some of its fellow-republics, no attorney-general for the whole republic, but an attorney-general, or as it is called a State's Attorney, for each particular county. In the present instance, the attorney-general for the county of Rutland, aided by a second lawyer, appeared for the prosecution, and there were also two lawyers who defended the prisoner. These gentlemen, with many others, were seated at a table, covered with green cloth ; and, upon the table, sat two or three of the sovereign people, with their backs toward the honourable court. In front of the bench, and without the bar, upon a raised platform, was an iron stove, or poele, and, upon the platform, stood half a dozen of the same poeple. The stove, though both the court and the bar frequently spoke of their sufferings from the cold, and occasionally discussed the propriety of adjourning, to warm themselves in the adjoining public houses, contained neither fire nor fuel.
" It was a counsel for one of the prisoners that I had found upon his legs ; and I presently perceived that the merits of the case were in discussion upon the broadest basis. Fundamental principles, as recommended in the instrument, called the Constitution of the Republic, were frequently recurred to. The whole theory of the rights of man, and the whole basis of the social compact, were agitated ; and a deplorable picture of the oppressions of the existing government were drawn. ` Why, men will say, ' exclaimed this counsel for the prisoner, ` we are fallen in evil times, if the government can put mankind in gaol, when they please, when there's nothing agin 'em! ' Proceeding in this strain, and reiterating the words government and fallen in evil times, the counsel made a most formidable speech, such as might have shocked many an honest soul, who, till he heard him, had dreamed of nothing but a paradise of civil liberty, upon the sides of the Green Mountains. "
After further describing the arguments of the counsel in a similar vein, the writer conveys the information that the prisoner was held; he concludes as follows : —
"The court now adjourned till after supper; that is, till about 8 o'clock. It was in no small degree satisfactory to observe, that amid the want of deference for the magistrate, manifested in a number of instances, and amid some defects of education in some of the members of the bar, the sentence pronounced was heard in silence and submission. The counsel for the defense is also a very respectable man, ` in evil times though fallen.' With the sentence of the court, and with the conduct of the prosecution, I saw less occasion to be pleased. "

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HISTORY OF RUTLAND COUNTY.

The presiding judge on this occasion was Theophilus Harrington (or Herrington, as he wrote his name), the eccentric magistrate of that period, of who the reader will find a sketch a little further on, and also some notes regarding him in the subsequent history of the town of Clarendon. To those of the present day who are famillar with the characteristics of that individual, it will no need to be said that he was the last person who would be apt to utter complaint at a want of respect towards himself in open court.
The County Bar. — The history of the Bar in Rutland county is coeval with that of the State. It begins at a period when many changes had taken place in the early habits of society ; when the simplicity of the fathers had. yielded in a measure to the refinements consequent upon the increase of wealth — and population, and when the proceedings before the judicial tribunals had become more technical and complex than in the early history of New England. There were few if any lawyers who resided in this county previous to the Revolution ; but there were many individuals who attended the early courts, who were not educated in the profession. They were commonly of a class possessing, perhaps, some influence in their own neighborhoods, with more or less aptitude for the transaction of ordinary business. They were the forerunners at the local bar, and occupied the ground afterwards monopolized by better educated men ; some of them had a large business of the more ordinary character. We would not speak lightly of these men ; they are not esteemed by all so highly as they ought to be ; these lions had no painters ; they lived before the reports, and that was living too early for their after fame ; tradition cannot do them justice. But from the history that has come down to us and from all that can be gathered in relation to them, an opinion favorable to their professional merit acquires new strength. These and other considerations tend to establish their right to consideration. Their libraries were scantily furnished ; and this very scantiness led them to study the more intently the books they had ; to be guided by what lights their own minds afforded ; and, in some instances, doubtless, to more than supplying the place of authorities; it compelled them to form the habit of relying largely upon their own resources.
Foremost
in the bar of Rutland county stands the figure of Nathaniel Chipman. He was a descendant in the fourth generation from John Chipman, of Barnstable, Eng., who came to Massachusetts in 1630. Nathaniel's father was a blacksmith and brought up his sons to arduous labor. At the age of twenty years Nathaniel's mind was stored with wholesome qualities inspired by the rigid Puritanical discipline of his home, and he entered upon a course of classical studies with the minister of his parish, to fit himself for Yale College, which he entered in 1773. He soon took a high position in his classes, but before his senior year ended he left the institution for the army of the Revolution. Enough is known of his military life to give assurance that he performed its duties and suffered its hardships with the patriotism that would be expected

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from such a man. He was made a lieutenant in the service, and in October, 1778, reluctantly tendered his resignation " on the sole ground that he could not longer remain in the service without either becoming a beggar, or a debtor to an amount that would embarrass and perhaps ruin him for life." The resignation was accepted. In March, 1779, less than five months from his resignation, he had finished his study for the bar, having been granted his degree from Yale while in the army. He was admitted to the bar in Connecticut and then, in April, 1779, repaired to his father's house in Tinmouth. Here he entered upon his practice, and that was his home for the greater part of his life. His was the third admission to the bar of Vermont (June, 1779), and his professional circuit embraced what are now the counties of Bennington, Rutland, Windham and Windsor. From 1781 to 1785 he was State's attorney. March 6, 1784, he was with Micah Townsend as a committee to revise the statutes of the State ; in October of that year Isaac Tichnor, Samuel Knight and Stephen R. Bradley were added to the committee. Their labors were admirably performed. From October, 1784, to October, 1786, he was a representative in the Legislature for Tinmouth. From December, 1786, to December , 1787, he served as judge of the Supreme Court — the only lawyer on the bench — and as chief justice from December, 1789, to December, 1791. He was, in 1789, made one of the commissioners to settle the long controversy between Vermont and New York, and his influence and ability were largely instrumental in closing the protracted controversy. In the appointment of Federal officers for the State, President Washington selected Nathaniel Chipman as judge of the United States Court for the district of Vermont, — a life office, but resigned by him in 1793. He resumed practice, accepting only very important cases, and continued until 1796, when he was again elected chief justice and was appointed on a committee to revise the statutes ; this resulted in the code of 1797, which was almost entirely the work of Mr. Chipman. Before his term as chief justice expired he was elected United States senator, which office he held from March, 1798, to March, 1804. He exhibited his modest nature and love of his adopted town, when he represented Tinmouth in the Legislature in 1805, and continued in the office until 1811. In March, 1813, he was elected one of the council of censors. From December, 1813, to December, 1815, he again served as chief justice, which official labor substantially closed his public life. In 1793 he published his Principles of Government (afterwards extended and republished), and the first edition of Reports and Dissertations. Other pamphlets and publications were issued from his pen, all bearing evidence of his splendid intellectual endowments. In 1816 he was appointed professor of law in Middlebury College, which position he held nominally until his death. It has been written of him that " he was great in almost all the best sorts of knowledge. Given a sound body and mind, a taste for reading and profound reflection, and a tenacious memory to make his own forever all
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that his mind once grasped — all the rest was accomplished by persistent industry and a systematic course of study, labor and recreation." He continued through life to read the Old Testament in the Hebrew, the New Testament in the Greek, with Homer, Virgil and other poets in Latin, calculating to go through the course once in each year. This annual feat shows his great capacity for study. His political life was of the purest and loftiest character, he being a Federalist of the school of Washington. He died in Tinmouth February 15, 1843, and in October, 1873, a monument was dedicated to his memory, at which ceremony there was a large gathering of the bar and others to pay a tribute of respect to one of the most eminent men of Vermont.
John A. Graham was the first practicing attorney in Vermont. He was born June
10, 1764, and in 1781 entered the office of Edward Hinman, in his native town of Southbury, Conn. In 1785 he was admitted to the bar and removed to Rutland. He says in his own language, in a book published by him in 1797, on the early history of Vermont : " I moved forward as well as I could desire, in the different courts of the court of common pleas, till the year 1790, when I was called to the bar of the Supreme Court of the State. I practiced in this Court until June, 1792, when at the Circuit court of the United States of America, for the district of Vermont, at Bennington, I was called to the Bar of that Court, and admitted and sworn as an attorney and counselor." In 1794 Mr. Graham was given an appointment on Governor Chittenden's staff with rank of lieutenant-colonel. In the same year he was sent to Europe by the Episcopal Church of Vermont in the interest of that church. He returned in the following year, but revisited England soon afterward, and while there was given the title of Doctor of Laws by the Royal College of Aberdeen, and there also he gave some of his leisure to the writing of his book on Vermont. In 1800 he returned first to Vermont for a year or two and then to New York, resumed the practice of law and attained considerable success. He is credited with obtaining a decision which resulted in legislation securing to all persons charged with crime the right to interview with counsel, before being examined in private by a magistrate, a practice then in vogue and often greatly abused. For his argument in that case he received the congratulations of many eminent men both in and out of the legal profession. He died on the 8th of August, 1841. His first wife was the daughter of Dr. Hodges, of Clarendon, and his second wife was Margaret Lorimer, daughter of James Lorimer, of London. He had a son by each of his wives.
Theophilus Herrington 1was born in 1762, and became a resident of Clarendon in early life. He never received a legal education, and though admitted to the bar, practiced law but little. He, however, attained a high reputation as a judge, and as representative of Clarendon in the Assembly. In October,

     1He commonly wrote his name "Herrinton," and was probably the best authority as to how it should be spelled, although it has generally been spelled with an " a."
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1800, he was made chief judge of the County Court of Rutland and twice re-elected. In October, 1803, he was chosen one of the judges of the Supreme Court, and in the following month was admitted to the bar. He remained on the bench until October, 1813, and died in the succeeding month of that year. His name has become almost immortal, perhaps, from the language attributed to him in response to a master who had captured a slave in this State, and having produced good evidence of his ownership, asked Judge Herrington what further testimony he could demand ; the reply being : " A bill of sale from God Almighty, sir." Though rough and unpolished in his deportment, and without technical knowledge of the law, he yet brought to his aid in his judicial labors a mind so energetic and vigorous, a discrimination so acute, and such thorough investigation that he seldom failed to properly apply the laws.
Hon. Robert Pierpoint was one of the most eminent of the Rutland county bar. He was born at Litchfield, May 4, 1791, and was one of the seven sons .of David Pierpoint. At seven years of age he was placed with his uncle to live, at Manchester, Vt. His uncle kept a country inn and the lad, although in feeble health, aided about the place for nine years as far as he was able. At sixteen h
e entered the office of Richard Skinner and began the study of law; there he remained until he reached his majority, pursuing his studies with the utmost enthusiasm. In June, 1812, he was admitted to the bar of Bennington county and in the same year came to Rutland to live. Shortly afterward he was made deputy collector of the direct tax ; the office was one requiring tact, energy and ability, and he performed its duties most satisfactorily. He represented Rutland in the Legislature in 1819, 1823, 1857 ; was a member of the Constitutional Convention in 1822 and 1828 ; member of the State Council from 1825 to 1830 inclusive, and State senator from 1836 to 1839 inclusive ; county clerk from 1820 to 1839 ; judge of probate from 1831 to 1832 ; clerk of the House of Representatives in 1832 and 1838; lieutenant-governor in 1848 and 1849. The degree of M. A. was conferred on him by Middlebury College in 1826 and by the University of Vermont in 1838. He was a judge of the Circuit Court under the old system from 1850 to 1856, and held other honorary positions. His character has been summed up in the words, " He was an able and good man." In his profession he ranked high and was a formidable opponent. He died September 23, 1864, aged seventy-three years.
Israel Smith passed a portion of his professional career in this county. He was born in Suffield, Conn., April
4, 1759, and graduated at Yale College in 1781. He began practice of law at Rupert, Bennington county, and was sent to the Legislature from that town four years. He was one of the commission to establish the boundaries of this State and decide matters connected with its admission to the Union. In 1791 he removed to Rutland and in the fall of the same year was elected to Congress from the district composed of towns
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west of the mountains, and re-elected in 1793 and 1795. In 1797 he was elected chief justice of the Supreme Court. In 1801 he was defeated as a candidate of the Republicans for governor, but elected to Congress, and at the close of his term took his seat in the United States Senate, to which he was elected the previous October. In October, 1807, he was elected governor of the State. He died in Rutland December 2, 1810.
Solomon Foot, one of Rutland's and Vermont's most distinguished citizens and statesmen, was born in Cornwall, Addison county, November 19, 1802 ; graduated at Middlebury College in 1826. On leaving college he became principal of Castleton Seminary, and held the same position again in 1828, having in 1827 been a tutor in the University of Vermont, at Burlington. He was professor in natural philosophy in the Vermont Academy of Medicine, at Castleton, from 1828 to 1831. He read law with B. F. Langdon and Reuben R. Thrall, and was admitted to the Rutland county bar at the September term, 1831, settled in Rutland and entered at once upon a successful practice, especially as a jury advocate ; he took great part in political affairs,. being a favorite and popular platform orator. His first marked public appearance that gave him notoriety was as president of the monster Whig convention at Burlington in 1840, at which ten thousand people convened, and his first words uttered in his loud, melodious voice, have become memorable : " Men of Vermont, come to order," which is said to have thrilled and hushed the vast throng in a moment of time. He took a leading part in that campaign, and from that time entered upon a successful political career. He was a member of the Vermont Legislature in 1833, '35, '37, and '38, and was speaker of the House in 1837, '38 and '47. In the State Constitutional Convention of 1836 he was a prominent member; State's attorney from 1837 to 1842. He was elected to Congress in 1843 and served until 1847, and was elected United States Senator in 1850, and served until his death in 1866, making a continuous public service of twenty years. He was president of the Senate during a part of the Thirty-sixth and the whole of the Thirty-seventh Congress, and his nomination for the vice-presidency was quite prominently canvassed at Lincoln's first election. He made many elaborate speeches in the Senate, and was conspicuous in the great Lecompton debate of 1858. He stood among great war senators during the Rebellion, and was an associate and adviser of President Lincoln. In 1854–55 he was president of the Brunswick and Florida Railroad, and visited England, negotiated its bonds and purchased the iron for the road. He died at Washington after a brief illness, March 28, 1866. A memorial funeral service was held in the Senate Chamber, after which the remains were conveyed to Rutland, accompanied by a senatorial committee, and deposited in the United States Court-room, where an impressive scene occurred on the delivery of the remains to the people of Rutland, in feeling addresses by Hon. Luke P. Poland, his colleague in the Senate, and Senator James R. Doo-

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little, of Wisconsin, followed by an address of acceptance on the part of the people by Hon. William T. Nichols. On the day of the obsequies, citizens came from all parts of the State, making the occasion one of the most impressive ever witnessed in Rutland. Public services were held and a eulogy pronounced by Rev. Norman Seaver, D.D., and the burial was made at Evergreen Cemetery, where a monument of granite has been erected, taken from the same quarry from which the granite of the Vermont State-House is built. He left his large library to the United States Court of Vermont. He was twice married but left no children. The annals of Vermont will hand down to coming generations the memory of few more useful and distinguished citizens in public and national life, and none who held his native State and the town of his residence in higher regard and greater love.
Charles Kilbourne Williams, LL. D., was born in Cambridge, Mass., January 24, 1782. He was descended from a long line of distinguished ancestors, and a son of Rev. Samuel Williams, LL. D., an eminent clergyman, Hollis professor in Harvard College, the first historian of Vermont and among the early Congregational ministers of Rutland, and a grandson of the patriot minister, Rev. John Williams, of Deerfield, Mass., who was carried into captivity to Montreal, in February, 1704. His wife was murdered on the way. The subject of this sketch graduated at Williams, studied law with Cephas Smith, jr., and was admitted to the bar at the March term of the Rutland County Court, in 1803, and at once became eminent in his profession. In 1812 he served one campaign on the northern frontier, and was afterwards for many years major-general of the State militia. He represented Rutland in the General Assembly in 1809-11, 1814-15, 1820-21, and again in 1849 ; State's attorney in 1814-15. He was collector of customs for the district of Vermont from 1825 to 1829. He was president of the Council of Censors in 1848. His most distinguishing quality was as a jurist, and he was elected a judge of the Supreme Court in 1822, and served until 1824, when he was appointed collector and was re-elected again in 1829 to 1833, when he was elected chief justice and held that position until his voluntary retirement from the bench in 1846. Judge Williams was a lawyer of deep research and popular manner, and a courteous and learned judge. The judicial opinions reported are of great value to the profession, and his judicial history is among the most eminent in the history of Vermont. He was governor in 1850 and '51, which was his last public office, and crowned a long and useful service to the State. He was a devout member of the Episcopal Church and was frequently a member of the diocesan and general conventions of that denomination. He died suddenly at his home in Rutland, March 9, 1853. He married Lucy Jane, the daughter of Hon. Chauncey Langdon, of Castleton. This family consisted of four daughters and three sons, Charles L., Chauncey K., and Samuel, all of whom became lawyers, and a grandson, Charles K. Williams, is now a member of the Rutland county bar.

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Leonard Williams a brother of Charles K. Williams, was born in Bradford Mass., in 1775. Studied law with Daniel Chipman and was admitted to the bar in in 1795, and after a practice of a few years at Brandon and Rutland, he was appointed a lieutentant in the United States army in 1799, and died in the service in 1812, at the age of thirty-seven years.
Charles Langdon Williams was born in Rutland in 1821, graduated at Williams College in 1839, studied law with his father, Charles K. Williams, and was admitted to the bar in April, 1842. He settled at Brandon in 1844, and remained there until 1848, and afterward resided in Rutland. He was a lawyer of eminent attainments and learning, but he was cut off in his useful career, by consumption and died March 10, 1861, aged forty years. A son, Charles K. Williams is the only member of this eminently legal family now in practice. Mr. Williams was the author of the Statistics of the Rutland County Bar, 1847,
Revised Statutes of Vermont, 1851, and Vermont Supreme Court Reports, volumes 27 to 29, of which he was reporter from 1855 to 1857.
Chauncey Kilborn Williams, was born in Rutland in 1838. Graduated at Williams College, in 1859, studied law with his brother, Charles L. Williams, and admitted to the bar. After a practice of a few years he removed to Flint, Mich., where he was for several years a successful lawyer and city judge. He returned to Rutland and was for a time editor of the Rutland Herald, also of the Rutland Globe. He was a man of varied culture and historical research, and a writer of great force and clearness. He was the author of the Lives of the Governors of Vermont, and Centennial History of Rutland, and was a frequent contributor of historical sketches to the press; was a corresponding or honorary member of most of the historical societies in this country and several in Europe. He died suddenly in Rutland.
Samuel Williams was born in Rutland, graduated at Williams College and studied law with his brother, Charles L. Williams. Was admitted to the bar and practiced for a time in Rutland. He was secretary of civil and military affairs during the g
overnorship of Frederick Holbrook in 1861-62, also Governor Smith in 1863-64, and proved a valuable war secretary. He was for a few years treasurer of the Central Vermont Railroad. He was State senator from Rutland county in 1874. He has retired from practice and now resides in Philadelphia. He recently published a memoir of his father, Charles K. Williams.
Edgar L. Ormsbee, for twenty years or more a leading lawyer of Rutland, was born in Shoreham in 1805. In early youth he manifested much originality and precocity of mind. He graduated from Middlebury College in 1823, in a class distinguished for its superior standing and scholarship, embracing such men as Joseph Battell, the eminent patron of Yale College ; Julian G Buel, a talented lawyer; Hon. John S. Chipman, Member of Congress ; Rev Thomas J. Conant, president of Madison University ; Rev. E. B. Smith, pres-

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ident of New Hampshire Theological Institution ; Francis Markoe, of the Diplomatic Bureau, at Washington; Rev. L. L. Tilden, long a minister at West Rutland ; Hon. Merritt Clark, of Poultney, and Judge Harvey Button, of Wallingford. Among these men Mr. Ormsbee was distinguished for general and classical scholarship and natural talent. He read law with Hon. Rodney C. Royce and graduated at the Litchfield (Conn.) Law School and was admitted to the bar in 1826. He quickly rose to a high position and retained it until his retirement from practice. The only public office he held was that of State's attorney, from 1845 to 1847. His manner was, unhappily, not such as to render him very successful at nisi prius ; his forte was before the Supreme Court. He was argumentative, fond of metaphysical distinctions ; his style clear, pointed and suggestive, and his phraseology in the expression of his ideas often showed the purest and most classical diction. In common cases his angularity and rigidity of manner often diverted from the force of his argument ; but when his cause was one of sufficient importance to call forth his best powers of mind, then would he arise in dignity and grace and pour forth his thoughts in chaste and manly diction, in unsurpassed eloquence. His wit was keen, his humor unbounded, his repartee always ready, and his satire irresistible. Mr. Ormsbee's perceptions were far-reaching and sometimes prophetic. He was one of the first to conceive the feasibility of inter-communication through Western Vermont with the Canadas and other localities, and entered with voice and pen into zealous advocacy of the project; his efforts, against much opposition, did very much to assure the railway system in which Rutland county now shares. He died November 24, 1861, at the age of sixty-four years. His widow still lives at an advanced age.
Moses Strong was one of the early leading members of the Rutland county bar. He was a son of John Strong, of Addison county, and born in Connec
ticut. He studied law and married a daughter of Daniel Smith, in Shoreham, as his first wife. He came to Rutland about 1810. He was elected to the office of chief judge of the County Court and held other positions of honor and responsibility. He died September 29, 1 842.
De Witt Clinton Clarke, son of Asahel Clarke, was born in Granville, N. Y., September 12, 1810. He entered the University of Vermont, but left it without finishing his course, and subsequently graduated at Union College (1831). He studied law with Hon. George R. Davis, of Troy, N. Y., and was admitted to the Rutland county bar at the April term of 1842. He practiced law in Brandon, where he was for a time in partnership with E. N. Briggs. He established the Free Press at Burlington in 1846. In 1853 the paper passed from his possession and he engaged with Governor Charles Paine in the construction of railroads in Texas. Later he established the Burlington Daily Times. General Clarke was a man of note ; he held many offices of importance and responsibility. In 1840 he was quartermaster-general of the State ;

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secretary of the Vermont Senate from 1840 to 1851 ; executive clerk of the United States Senate from 1861 to 1869 ; member of the State Constitutional Convention in 1857 and 1870, and secretary; presidential elector in 1860. He married Caroline T. Gardner, of Troy, N. Y., who died in 1866, without children. General Clarke died in September, 1870. He was a sparkling writer both in prose and verse, and an influential editor. In conversation entertaining; in official duties, competent, courteous and attentive. Few men had a wider acquaintance, both with the men of his own State (for though not born in Vermont, he was of Vermont parentage and a Vermonter through and through) and among the public men of the country.
Anson A. Nicholson was born in Middletown in 1819. He studied law with Judge Harvey Button, of Wallingford, and was admitted to the bar in 1843. He practiced first in Chester, Vt., where he married, and two or three years later removed to Brandon, where he remained a number of years in the enjoyment of a large practice. About the year 1864 he came to Rutland and resided here the remainder of his life. His death occurred in 1877. Mr. Nicholson was well educated in his profession, enjoyed the respect of his fellow practitioners, and was especially proficient as an office lawyer. The only public office he held was that of State's attorney (1857-58). He was a fluent and gifted writer, both in prose and verse, and early in life learned the printer's trade and at one time edited the Kalamazoo (Mich.) Chief, when he was but twenty years of age.
Although Frederic Williams Hopkins did not long engage in active prac
tice of his profession, still his eminent qualifications entitle him to some brief mention. He was born in Pittsford September 15, 1806, and died in Rutland January 21, 1874. He was a graduate of Middlebury College, class of 1828, and studied law with Hon. Ambrose L. Brown, who was his brother-in-law. In 1831 he was admitted to the bar and practiced with considerable success until 1839, when he gave up the profession forever. From 1833 to 1836 he was register of probate for the Rutland district, and at the time he relinquished his practice was appointed clerk of the Supreme and County Courts for this county. This office he filled until 1868, with the greatest credit. He had a taste for military life and was made adjutant and inspector-general in 1838, holding the office until 1852. He was a fluent writer of both prose and verse and an eloquent speaker. His first wife was a daughter of Thomas Hooker, of Rutland, and his second a daughter of Zimri Lawrence, of Weybridge.
William Douglas Smith was a son of Hon. Israel Smith ;
a graduate of Middlebury College in 1804, and a member of the bar of the county. He was appointed clerk of the House of Representatives of Vermont in 1809, and continued in the position until his early death in 1822.
Colonel Jesse Gove, a son of Nathaniel Gove, was a prominent member of the bar in his day. He was born in Bennington, February 20, 1783, and fitted

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with Samuel Watson, of Rutland. He read law with Cephas Smith, jr., of Rutland, and was admitted to the bar of the county at the March term of 1818. In 1809 he was appointed clerk of the United States District and Circuit Courts for the district of Vermont and held the office till his death. He was appointed postmaster of Rutland in 1841, and attained the rank of colonel in the militia.
William Page was born at Charlestown, N. H., in
1779 ; graduated at Yale College in 1797, and studied law with Daniel Farrand and was admitted to the Chittenden county bar in 1806, and retired from practice in 1825. He became cashier of the Bank of Rutland, a position he occupied for nearly a quarter of a century. He was secretary of the governor and Council from 1803 to 1807, and register of probate from 1815 to 1825. He died in 1850, aged seventy years. His son, the late John B. Page, was governor of the State.
John L. Fuller, born in Massachusetts in
1798 ; studied law with Charles K. Williams, and admitted to the bar in 1822, and in 1824 removed to Pennsylvania, where he died in 1836 aged thirty-eight.
Darius Chipman, born in Salisbury, Conn., in
1758 ; studied law with Nathaniel Chipman ; admitted to the bar in 1781 ; represented Rutland in 1801 ; State's attorney in 1785 ; removed to New York city in 1816, where he died, aged sixty-two years.
Ambrose Lincoln Brown was born in Cheshire, Mass., October 25, 1795, and fitted at Castleton Academy. He graduated from Middlebury College in 1816, and studied law with Hon. Charles K. Williams, LL. D., of Rutland, practicing here from 1819 to 1837 ; from 1837 to 1841 engaged in paper-making and book-selling, and a part of that time as editor of the Herald; after 1844 he followed civil engineering. He was judge of probate for the Rutland district from 1832 to 1835 and in 1838–39 ; represented the town in the Legislature in 1834–35 ; was assistant clerk of the House of Representatives 1841, and judge of Rutland County Court, 1844 to 1847.
James Tilson Nichols, born in
1803 and died in Sudbury, 1868 ; studied with Hon. Solomon Foot and Silas H. Hodges, of Rutland, and was admitted in 1851 ; was assistant clerk of the House of Representatives in 1852 ; State's attorney for Rutland county 1859-60; member of the Legislature 1861–63 ; senator from Rutland county 1863–64 ; was a partner of Hon. Robert Pierpoint from 1857 to the death of the latter; went out as a private in the First Vermont Regiment and was commissioned colonel of the Fourteenth Regiment, in which capacity he served with honor.
Rodney C. Royce was born in Berkshire in
1800 ; studied Iaw with Chief Justice Stephen Royce, and admitted to the Franklin county bar in 1822 ; settled in practice at Rutland, and proved one of the most eminent and brilliant members of the bar. He represented Rutland in the Legislature in 1830-31 and '32, and was register of probate from 1825 to 1832. He died in 1836,
18
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HISTORY OF RUTLAND COUNTY.

aged thirty-six years. His only living descendant, Edmund R. Morse, is now a member of the bar.
Nathan B. Graham was born in Southbury, Conn., in
1768 ; studied law with his brother, John A. Graham, and was admitted to the bar in 1792. He was a judge of the Rutland County Court in 1804, 1805 and 1806, and State's attorney from 1807 to 1810, when he removed to New York and became an eminent criminal lawyer. He died in 1830, aged sixty-two years.
Samuel Walker, born in Massachusetts ; graduated at Harvard College
1790 ; studied law with Nathaniel Chipman ; admitted to the bar in 1792, and removed to Massachusetts in 1820.
Samuel Prentiss, born about
1770; studied law with Nathaniel Chipman; admitted to the bar in 1792, and died in 1828, aged fifty-eight.
Phineas Smith was born at Roxbury, Conn., in
1793 ; graduated at Yale College in 1816 ; was educated at the Litchfield Law School in Connecticut, and admitted to practice in Bennington county in 1819. He practiced law successfully, and was a noted instructor, and the late Judge Loyal C. Kellogg was one of the most eminent of his pupils. At one time having a large number of young men reading with him, he made efforts to form a law-school in Rutland. He died in 1836, aged forty-six years.
Horace Powers was born in Pittsford in
1805 ; studied law with A. L. Brown ; admitted to practice in 1843 ; retired from the profession after a few years.
Calvin Barnes was born at Lanesboro, Mass., in
1794; studied law with Moses Strong and Rodney C. Royce, and was admitted to the bar in June, 1825, and removed to New York, where he died many years ago.
Edson Allen was born at Guilford in
1804 ; studied law with Judge Daniel Kellogg ; admitted in Windham county in 1835, and after a practice of two years in Rutland removed to Ohio, and died a few years since.
George L. Gale, born at Lenox, Mass., in
1807 ; read law with Reuben R. Thrall ; admitted to the bar in September, 1831 ; removed to Michigan in 1832, where he died many years ago.
Simeon Wright was born about
1796 ; graduated at Brown University in 1818 ; studied law with William Douglass Smith ; admitted to the bar in June, 1819 ; practiced law a few years in Rutland and Pittsford and then removed to Michigan in 1823, where he died in 1833, aged thirty-seven years.
Sumner A. Webber was born in Rutland in
1795 ; studied law with Charles K. Williams, and was admitted to the bar in June, 1825. He removed to Windsor county in 1826, where he died a few years since.
Henry B. Towslee was born in Pawlet in
1810 ; studied law with Reuben R. Thrall, and was admitted to the bar April, 1832. Removed to Wisconsin in 1839.
Cephas Smith was born in Suffield, Conn., in
1761 ; graduated at Dart-
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mouth College in 1788 ; studied law with Israel Smith, and was admitted to the bar in March, 1791. Died in 1815, aged fifty-four.
Leonard E. Lathrop, a native of Hebron, Conn., born in
1772 ; graduated at Yale College, read law in Connecticut, and was admitted to the Rutland county bar in November, 1806 ; removed to New York in 1834, where he died in 1840, aged sixty-eight years.
Lewis Royce was born in Northfield in 1805; studied law with William Upham at Montpelier, and was admitted to the Washington county bar in 1830; removed to New York in 1838.
Chauncey Abbott, a native of Cornwall in 1816, graduated at Middlebury College in 1836 ; studied law with E. F. Hodges, and admitted to the bar in
April, 1841 ; after practice of a few years removed to Wisconsin, and has been a judge of the Supreme Court of that State.
Royal H. Waller was born in Middlebury in 1804 ; studied law with Rod
ney C. Royce, and was admitted to the bar in April, 1827. He removed to New York in 1836, where he died many years since.
Nathan Osgood was a native of Sterling, Mass., in 1759 ; read law without a tutor, and was admitted to the bar in May, 1803, and retired from practice in 1820. He represented Rutland in 1796 ; county clerk from 1789 to 1805 ; register of probate from 1803 to 1810. He died in 1841 at the age of eighty-two.
Nathaniel Hamlin was born in Sharon, Connecticut, in
1777 ; studied law with Cephas Smith, and admitted to the bar at the March term, 1800. He removed to Ohio in 1816.
Elias Buel, born at Coventry, Conn., in 1770 ; admitted to the bar in
1793, removed to Burlington in 1796, where he died in 1832, aged sixty-two years.
Solomon Bingham, son of Caleb Bingham, a noted teacher and book-seller, afterward of Boston ; born at Salisbury, Conn., in 1770 ; graduated at Dartmouth College in 1791 ; studied law with Darius Chipman, and admitted to the Rutland county bar, it is supposed, in 1793. He removed to Franklin county, Vt., in 1796, where he was chief justice of the Franklin County Court in 1813. He died in 1840, aged seventy years.
John Kellogg, the oldest son of John and Roxana (Matoon) Kellogg, of Am
herst, Mass., was a descendant in the fifth generation, from Joseph Kellogg, one of the first settlers of the town of Hadley, of which the town of Amherst originally formed a part. He was born at Amherst, May 31, 1786. In 1805 he came to Vermont, and on the suggestion of Captain Silas Wright, of Weybridge (the father of the eminent senator and governor of New York, who had been an old neighbor of his father at Amherst), he determined to study law. He pursued his studies in the offices of Loyal Case Kellogg and Hon. Horatio Seymour, at Middlebury, and was admitted to the Addison county bar in 1810. During his entire course of professional studies he supported him-
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 HISTORY OF RUTLAND COUNTY.

self by his own exertions. He began the practice of his profession at Benson May 24, 1810, which he pursued for thirty years with diligence and success and had a large and valuable professional business, from which he retired in 1840, and spent the rest of his life in agricultural pursuits. He died December 22, 1852, aged sixty-six years. He was postmaster, 1813 to 1822 ; town clerk, 1822 to 1828 ; member of the State Constitutional Convention in 1822 and representative in the Legislature in 1822, '24, '25, '27, '28, '29, '30 and ' 31, and in 1830 was speaker pro tempore of the House. From 1825 to 1831 brigadier-general of the State militia; in 1838 the Democratic candidate for United States senator and delegate-at-large to the Democratic National Con ventions in 1840 and 1844. He was a man of great industry, methodical habits of business and clear and sound judgment, and brought to the discharge. of public and private duties great sincerity and integrity. He was three time married and his son, Loyal C. Kellogg, was long time an eminent judge of the. Supreme Court.
David L. Farnham, born in Benson in
1803 ; graduated at Middlebury. College in 1823 ; studied law with John Kellogg; admitted to the bar in 1826 and practiced in Benson until 1828, when he removed to Enosburgh, Vt., and subsequently to Manlius, N. Y., where he died a few years since.
Ira Harman was born in Pawlet in 1781 ; studied law with Nathaniel Harman, and admitted to the bar in March, 1800; settled in Benson in 1810 and practiced his profession about twenty years ; for many years was a sufferer from chronic hypochondria, and died July 17, 1837, aged fifty-six years.
Marshall R. Meacham was born in Benson in
1798 ; studied law with John Kellogg, and was admitted to the bar in June, 1825 ; practiced until his death in August, 1833, aged thirty-four years.
Samuel Jackson was admitted to the bar in
1801, and settled in Benson and removed to Ohio in 1804.
Milo W. Smith was born in Benson in
1800; studied law in Vergennes and was admitted to the Rutland county bar in September, 1832 ; and was in practice until when he removed to Plymouth, Indiana, where he died.
Loyal Case Kellogg was born in Benson February 13, 1816. His father was Hon. John Kellogg, long a prominent member of the Rutland county bar. Loyal graduated from Amherst College in 1836, and soon afterward entered the office of Phineas Smith, of Rutland, finishing his studies with his father in Benson. He was admitted to the bar in 1839 and began practice at once in Benson. He remained there until 1859, when he was elected judge of the Supreme Court, and removed to Rutland in 1860, returning to Benson in 1868 He represented Benson in the General Assembly in 1847, 1850, 1851, 1859 and 1871, where he attained a position among the foremost members. He was delegate to the Constitutional Conventions of 1847 and 1870 and was one of the eight delegates from Rutland county to the Constitutional Convention of

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1857, of which he was elected president. The degree of Doctor of Laws was conferred on him by Amherst College in 1869. He was elected judge of the Supreme Court in 1859, and annually re-elected down to and including 1867, declining the last election. He was a fluent writer, the history of Benson, in the Vermont Historical Magazine, and much general literature, being from his pen. He was an able legislator and occupied a place in the front rank of the legal profession. He died at the family homestead in Benson, November 26, 1 872.
In addition to these, of whom sketches have been given, the following attorneys have practiced in Benson : Albert Stevens, the first lawyer in the town, practiced two years
(1800–1802); was admitted in Chittenden county in 1799. Samuel Jackson began practice in about 1807, but soon left. Both of these are said to have not borne good characters. Ira Harmon settled here in 1810 and continued practice about twenty years. John Kellogg, father of Loyal Case Kellogg, settled in Benson in May, 1810, and practiced until 1840. Marshall R. Meacham began practice here in 1825 and continued to his death in 1833. David L. Farnham practiced from 1826 to 1828, and died in Manlius, N. Y., to which place he removed. Richard W. Smith practiced one year, 1830. Milo W. Smith was in practice from 1831 to 1852, when he removed to Indiana, and there died.
Ebenezer N. Briggs was born in Marlboro, Mass., in
1801 ; studied law with Gordon Newell at Pittsford, and was admitted to the bar in December, 1823, and settled in practice at Salisbury. He represented that town in the Legislature from 1831 to 1835, and was speaker of the Assembly from 1834 to 1836. He was a member of the first Senate of Vermont from Addison county in 1836-37 and '38, and was the first president of the Senate. He was State's attorney of Addison county from 1831 to 1840, and a member of the Constitutional Convention in 1828. Mr. Briggs removed to Brandon in 1840, and became equally prominent as a lawyer and in political affairs. He was representative in 1845 and 1848, and was speaker of the House both years. He was also senator from Rutland county three years, 1842 to 1844. He was also State's attorney two years. He was a lawyer of wide practice up to near the time of his death. He died at Brandon.
Rodney V. Marsh, of Brandon, was born July 11, 1807, and became conspicuous in the legal profession. He went to Brandon in 1832, after having studied with Rodney C. Royce and Silas H. Hodges, in Rutland. He was an ardent politician, was elected to the Legislature in 1856, 1857 and 1858, and took an active part in the debates of those sessions. He was a man of broad culture, extensive reading and excellent natural talent. He died March 8, 1872, at Brandon.
Samuel D. Wing was born in Rochester, Windsor county, Vt., February 4,
1823 ; educated at the Vermont Literary and Scientific Institution ; studied law
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 HISTORY OF RUTLAND COUNTY.

with Hon. Ezra June and Hon. Milo L. Bennett, and admitted to the bar in 1844. After a few years' practice at Brandon, abandoned the profession and became connected with railroads. He died at Brandon, November 6, 1863.
Barzillai Davenport was a native of Dummerston ; studied law with Hon. John Lynde, of Williamstown, and located in Brandon in
1822 ; he remained there in practice forty-six years, forty-one of which he was town clerk. H was justice of the peace twenty-eight years ; representative in the Legislature 1854-55 ; one of the assistant judges of the County Court in 1855-56 and 1857. He was much respected as a man and stood high in his profession.
Other attorneys who practiced in the town of Brandon were Elijah Parker, Willard J. Parker, Charles L. Williams, Samuel M. Conant and A. A. Nicholson.
Hon. Chauncey Langdon was one of the conspicuous members of the legal profession in Rutland county. He was born in Farmington, Conn., in
1764, and graduated from Yale College in 1792. His law studies were pursued with Judge Gilbert, of Hebron, Conn., after which he came to Castleton, and there resided until his death in July, 1830. In 1789 and 1800 he was probate judge for the Fairhaven district ; was elected a trustee of Middlebury College in 1811 ; was a Member of Congress in 1815-16. At the time of his death he was one of the State councilors, and was otherwise honored by his constituents. It was said of him by one who knew him well ; " To the members of the profession to which he belonged, he has left an example of unyielding integrity, persevering diligence and prudent discretion, worthy of their highest respect and imitation. "
Hon. Benjamin Franklin Langdon was a son of the above ; born in Castleton October
12, 1798 ; graduated at Union College in 1818 and from the Law School in Litchfield, Conn., in 1820 ; was admitted to the Rutland county bar in 1821 and practiced until his death, May 31, 1862. In 1837 he was appointed register of probate for the district of Fairhaven, holding the office until 1845. In 1852 he was elected one of the County Court judges, and retained the office until 1855. As a lawyer he was well read and a safe and judicious counselor.
Abiel Pettibone Mead was born in Rutland, April
12, 1789, and graduated at Middlebury in 1813. He first read medicine with Edward Tudor, of Middlebury, and attended lectures in Philadelphia; but he practiced medicine only a few months, when he began reading law with Hon. Chauncey Langdon, of Castleton, and practiced there until his death, July 28, 1839. He was register of probate for the district of Fairhaven from 1814 to 1823 and from 1829 to 1837 ; representative from Castleton from 1831 to 1833, and State's attorney for Rutland county from 1829 to 1835.
Other attorneys who attained some prominence in the town of Castleton were Hon. Isaac T. Wright, who was admitted in
1832 and practiced until his death in 1862, at the age of fifty-three. He was an assistant judge, and represented the tow n in the Legislature in 1859-60. Hon. Almon Warner, born
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in Poultney in 1792, admitted to the Rutland county bar in 1825 ; removed to Castleton in 1831 ; register of probate from 1824 to 1829, and judge of probate from 1831 to his death in 1861. Selah H. Merrill, born in Castleton in 1795 ; graduated at Middlebury 1813 ; studied law with Hon. Chauncey Langdon and admitted in 1816. He died in 1836 ; was register of probate from 1830 to 1839 ; State's attorney from 1830 to 1835 ; he is remembered as a man of exceptional talents and high standing. Robert Temple was a native of Braintree, Mass., born in 1783 ; studied law with Hon. Chauncey Langdon and admitted in 1804. He settled first at Castleton and subsequently removed to Rutland, where he died in 1834. He was clerk of the County Court from 1803 to 1820.
Hon. Silas H. Hodges, son of Henry Hodges, of Clarendon, was born in
1804, and graduated from Middlebury College in 1821 ; he was admitted to the bar in 1825 and with the exception of a few years, from 1833 to 1841, when he was employed in the ministry, followed his profession in Rutland until 1861. At the latter date he was appointed to a position in the patent office.
Spencer Green was a native of Clarendon ; studied with W. H. Smith, fin
ishing in Wallingford ; after his admission he practiced in Rutland to about 1850, when he removed to Danby. He joined the Union army and died from disease contracted in the service.
Among the attorneys who practiced in Danby and have died, may be men
tioned the following : Hon. Morris H. Cook, born in Chester in 1816 ; studied with Oramel Hutchinson, of Chester, and began practice in 1840; in 1845 came to Danby and was admitted to the bar of Windsor County Court in 1844, and to the Supreme Court of Rutland county in 1847. He was elected assistant judge of the County Court in 1858, and left a lucreative practice to serve in the Seventh Regiment during the Rebellion.
Jonathan C. Dexter, born at Jay, N. Y., in
1810, studied law with Hon. A. L. Brown, in Rutland, and went to Danby in 1831 ; practiced there five years and several years in Rutland, and in 1849 went California, where he died.
Charles E. Bowen was born in Boston, Mass., in
1816 ; graduated at Middlebury College in 1836 ; studied law with Salmon Wires, and was admitted to the Lamoille county bar in June, 1844, and practiced a few years at Danby.
William C. Kittredge, son of Dr. Abel Kittredge, was born in Dalton, Mass., February
23, 1800; graduated at Williams College in 1821, and studied law with Hon. E. H. Mills and Hon. Lewis Strong, of Northampton ; was admitted to the bar in Kentucky in 1823, returning to Fairhaven in 1824, in December of which year he was admitted to the bar of this county. He represented the town in Legislature eight years ; was senator two years ; two years speaker of the House of Representatives ; five years State's attorney; six years judge of the County Court; one year judge of the Circuit Court; one
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 HISTORY OF RUTLAND COUNTY.

year lieutenant-governor, and seven years assessor of internal revenue. All of these posts Judge Kittredge filled with ability and honor. He died in Rutland while on his way to Bennington, June 11, 1869.
John Burnam, the first lawyer to settle in Middletown, deserves the attention of the biographer. He was born in Old Ipswich, Mass., in
1742, and came to Bennington the first year of its settlement, 1761. In 1765 he removed. to Shaftsbury, and although he had not received more than a few weeks of schooling, he was prompted to read up a little on law, on account of having been worsted in a case growing out of the New Hampshire Grants trouble. He accordingly secured a few law books, and so persistently did he study that in a short time he became a prominent " pettifogger. " From 1771 to 1779 h was engaged in mercantile business in Bennington, then returned to Shaftsbury where he remained until 1785 ; was a member of the conventions of 1776-77, which declared the independence of Vermont, and was one of the committee to draft the declaration ; he represented Bennington in the Legislature at its first session. He was engaged in the trial of many of the earliest cases in the Bennington County Court, and being generally successful he was induced by Nathaniel Chipman and Stephen R. Bradley to take the attorney's oath, which he did. He represented Middletown six years and died August 1, 1829, aged eighty-seven years.
Hon. Orson Clark, son of Enos, and grandson of Jonas, was born in Mid
dletown February 2, 1802. He taught school several seasons and studied law with his uncle, Jonas Clark, and was admitted to the bar at Rutland in September, 1828 ; he practiced in Middletown until his death in 1848 ; he represented his town in 1835—36; was town clerk from 1836 to 1842 inclusive, and one of the senators from this county in 1840-41.
General Jonas Clark was the third son of Jonas, sr., and was sixteen years old when his father settled in Middletown. His entire school education con
sisted of learning to read. His father being poor, the son learned the mason's trade, which he followed until he was thirty years old, occupying his evenings and leisure in reading and study ; thus he obtained most of his legal education, and was admitted to the bar not long after he reached thirty, and soon gained a large practice. He held the office of State's attorney sixteen successive years; was assessor and collector of government taxes in 1819; represented Middletown eighteen years ; was justice of the peace forty years ; was candidate (Democratic) for governor in 1849, and a member of three Constitutional Conventions. As a lawyer he ranked high and always made the preparation of his cases a subject of deep study. He died at Middletown February 21, 1854. He had three sons, Merritt (now living in Middletown), Horace and Charles.
Barker Frisbie was the youngest son of Joel Frisbie, of Middletown, and studied law with General Jonas Clark, of that town ; was admitted to the Rut-

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land bar in 1814, and practiced in Middletown until his death, which occurred in February, 1821. He was elected town clerk in 1815 and held the office until his death. He was a close student, a man of good judgment and gained the respect of the community.
Other Middletown attorneys who have left forever the field of action, were Ahiman Lewis Miner, son of Deacon Gideon Miner, jr., who studied law with Mallary & Warner, Poultney, and Royce & Hodges, Rutland ; he was admitted to the bar in
1832 ; began practice in Wallingford, but removed to Manchester in 1835. He was eight years probate register and three years probate judge of his district; two years in the Legislature ; nine years a member of the House or Senate ; five years State's attorney for Bennington county, and two years Member of Congress from this district. Roswell Buel, jr., was admitted to the Rutland county bar in 1845, but did not practice in the later years of his life.
Hon. Jonathan Brace was, doubtless, the first attorney to settle in Pawlet. He was a member of the Council of Censors in
1785, and returned to Connecticut a few years later.
Nathaniel Harmon practiced law in Pawlet for forty years, and won the esteem of his brethren. Much of that long period he was the only attorney in the town. He was a member of the Council of Censors in
1834, and of the Constitutional Convention in 1836. He died in 1845, aged sixty-five years. Hon. Noah Smith, brother of Governor Israel Smith, practiced a few years in Pawlet, going there in the early years of the Revolution ; and Hon. Leonard Sargent, practiced a short time in the town, and then removed to Manchester. Truman Squier, another attorney in the town at an early day, removed to Manchester about 1800 where he became prominent.
Other lawyers of the town, of whom details are not available, were Daniel Church, who practiced here for a time ; afterward in Arlington and Benning
ton, and died in Toronto ; Nathaniel Harmon and Nathaniel Hamblin, both of whom removed to Ohio after a few years' practice ; and George W. Harmon, who succeeded his father, Nathaniel, and removed to Bennington.
Gordon Newell began practice in Pittsford in
1804 He studied with Seth Storrs, of Middlebury, and was admitted in 1801. He continued practice until late in life and died July 3, 1865, aged eighty-six years. His education was not very thorough, but his native talents and great energy enabled him to succeed to a remarkable degree. He represented the town in the Legislature in 1818-19 and was assistant judge of the County Court in 1847-48.
John Pierpoint, born in Litchfield, Conn., in
1806 ; studied his profession in the Litchfield Law School and was admitted to the Rutland county bar in April, 1827. He at once began practice in Pittsford and three years later removed to Vergennes. He arose to the office of chief justice of the Supreme Court of Vermont.
John G. Newell and James R. Newell, both sons of Gordon Newell, studied

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HISTORY OF RUTLAND COUNTY.

law and were admitted, the former in 1831 and the latter in 1832. John G. practiced in Pittsford until his ill health forced him to abandon the profession. James R. practiced with his father a few years and died August 20, 1864.
Lyman Granger was born in Salisbury, Conn.,
1795 ; graduated at Union College in 1820 ; studied law with Moses Strong, and admitted to the bar in December, 1821 ; retired from practice in 1826. Represented Pittsford in 1826-27. Died in 1840, aged forty-five.
James Saterlee studied law with John Cook, and was admitted about
1800, and was the first lawyer of Poultney ; removed to New York in 1808.
Hon. Zimri Howe was born in Poultney in 1786 and graduated from Middlebury College in 1810. He studied law with Judge Seymour, of Middlebury, settled in Castleton, where he continued to practice until his death in 1862, at the age of seventy-seven years. He was State senator in 1836-37 and one of the assistant judges of the County Court from 1839 to 1844. Although his life was not a public one to the extent that fell to the lot of many others, it was none the less useful. He was earnest and efficient in supporting and improving the schools, and was a trustee of the Rutland County Grammar School for many years, as well as a member of the corporation of Middlebury College. He was also a zealous advocate of the temperance cause, and all benevolent societies found in him a strong supporter.
Hon. Rollin C. Mallary was one of the most eminent of the early members of the county bar. He was born at Cheshire, Conn.,
May 27, 1784, and resided there until 1795, when he came to Vermont, locating with his parents in Poultney. He graduated from Middlebury College in 1801, and such progress had he already made in his professional studies that he was admitted to the bar in this county in March, 1807. The next October he was appointed by Governor Smith as secretary of the governor and council. He afterward held the same office from 1809 to 1812 and from 1815 to 1819. He soon took rank among the ablest lawyers in the county and was given the office of State's attorney from 1811 to 1813 and in 1816. He was defeated for Congress in 1819, owing to the fact that the votes of several towns were not returned early enough to be counted. He contested the seat and was successful. So ably did he fill the high office that he received six successive re-elections, and his services were of the highest value. He lived in Castleton until about the time of his going to Congress. He died in Baltimore April 15, 1831.
Moses G. Noyes, son of Moses, born in Duchess county, N. Y., in
1794; graduated a Middlebury in 1819; studied law with David Russell in New York State and was admitted in 1825. He practiced in Poultney about four years and then removed to New York. He died in 1832.
William Buell, born January
12, 1835 ; graduated at the University of Michigan in 1853 and studied law with J. B. Beaman, of Poultney, and admitted in Rutland county at the March term of 1857. He never practiced here, having taken up the study of theology, and died September 11, 1859.
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James S. Harris was born in Canaan, N. H., January
27, 1788 He studied law with Richard Skinner, in Manchester, Bennington county, and was admitted to the bar of that county in 1812. He came to Poultney probably not long afterward and secured a good practice. He died March 11, 1866.
Hon. Elisha Ward, born June
20, 1804, in East Poultney ; won a high position in the profession. He studied with Judge Woods, of Granville, N. Y., and passed most of his life, when not filling public office, in western New York.
Julian Griswold, born in Poultney in
1804, studied law with Hon. Chauncey Langdon, of Castleton, after having graduated from Castleton Academy. He practiced in Whitehall from 1828 to 1833, went South and died in Georgia in 1836.
Alexander Woodruff Buel, born in Poultney in
1813, fitted at Castleton and read law with Jabez Parkhurst, of Fort Covington, J. G. Buel and Hon. B. F. Langdon, of Castleton ; removed to Detroit in 1834, and became eminent in politics.
Hon. Darwin A. Finney was born in Shrewsbury November
3, 1814; studied law with H. L. Richmond and was admitted to the bar in 1841. He spent his active life in Meadville, and died there after having attained eminence in his profession. He held several high offices in his adopted town.
Obadiah Noble, of Tinmouth, was a native of New Hampshire, and was brought to Tinmouth when a child, and died there in
1864 at the age of eighty-seven years. He was justice of the peace thirty-eight years ; register of probate in 1799 ; judge of probate from 1814 to 1828, and assistant judge of the County Court from 1839 to 1842 inclusive ; represented the town in Legislature six years, and was senator from the county in 1838-39; was member of the Council of Censors in 1827 and member of the Constitutional Conventions of 1828 and 1836. He was a man of strong character and intellect. Henry Ballard, now in practice in Burlington, is a native of Tinmouth, born in 1836 ; graduated at the Vermont University in 1861, and from the Albany Law School in 1863 ; was admitted in September, 1864.
The foregoing sketch embraces brief records of most of the members of the county bar who attained positions entitling them to notice and have passed away. At the present time the bar of Rutland county includes in its membership many who are eminent in the profession and will compare favorably with that of any county in New England. Following is a list of the names of the present bar:
Brandon, George Briggs, Henry C. Harrison, Edward S. Marsh, Eben J. Ormsbee, W. P. Wheeler.
Castleton, J. B. Bromley, H. L. Clark, M. H. Cook, John Howe, M. J. Harrington.
Fairhaven, George M. Fuller, W. H. Preston, C. M. Willard.

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HISTORY OF RUTLAND COUNTY.

Middletown, Roswell Buell.
Pittsford, C. S. Colburn.
Poultney, John B. Beaman, Barnes Frisbie, E. S. Miller, F. S. Platt, Elijah Ross, W. H. Rowland.
Pawlet, Fayette Potter, D. W. Bromley.
Rutland, Wayne Bailey, Joel C. Baker, James Barrett, James C. Barrett, Fred. M. Butler, A. G. Coolidge, Edward Dana, Walter C. Dunton, Edwin Edgerton, Henry Hall, Henry A. Harman, Charles L. Howe, David N. Haynes, P. R. Kendall, G. E. Lawrence, P. M. Meldon, Edward D. Merrill, Edward R. Morse, Thomas W. Maloney, D. E. Nicholson, Frank C. Partridge, John Prout, Redfield Proctor, L. W. Redington, Warren H. Smith, Henry H. Smith, F. G. Swinington, John D. Spellman, Reuben R. Thrall, W. G. Veazey, Aldace F. Walker, Charles K. Williams.
Shrewsbury, Ebenezer Fisher.
Wallingford, Harvey Button.
East Wallingford, Henry P. Hawkins.
Westhaven, R. C. Abell.
West Rutland, Joseph E. Manley, W. B. Butler, E. D. Reardon.
Brief records of these attorneys will be found in the various town histories.