Century Mass. literature,
posted August 2004
Bench and Bar, chapter
XI., p 196-220
Medical Profession, chapter XII., p 221-248
Literature and Literary People, chapter XIII., 249-263
History of Barnstable County, Massachusetts
edited by Simeon L. Deyo.
1890. New York: H. W. Blake & Co
By E. S. Whittemore, Esq.
The Judiciary of the County.—First Courts.—Formation of the Province of Massachusetts Bay.—Revision of the Judiciary.—Courts of the Revolutionary Period.—Early Magistrates.—Judges of the Court of Common Pleas.—Court of County Commissioners.—Probate Courts.—Trial Justices.—The Bar of Barnstable County.—Lawyers, Past and Present.—Law Library Association.—District Courts.
THE history of the Old Colony, as to its judiciary systems, is divided into four periods: that immediately after the coming of the Pilgrims and Puritans at Plymouth, to 1692, when the colonies were united; from this time to the revolutionary period; during this time to its termination, October 19, 1781; and from the surrender of Cornwallis to the present time, which is mostly within the memory of men now living.
As early as 1639, the general court of the Plymouth colony attempted to form a judicial system, but much of it was vague and indefinite in its jurisdiction; the people were obliged to use such materials as they had. The earliest attempt of the court to form an infant judiciary, was to nominate and appoint three men from as many towns in the county, to hear and determine suits and controversies between parties within the townships, whose jurisdiction was not to exceed three pounds. The general court enacted, in the year 1666, that there should be three courts in each year in the county, for the trial of causes by jury, and it was further enacted that no courts of assistants, except the governor, on special occasion see fit to summon such court, and at such court the governor and three of the magistrates at least, must be present at trials. It was also enacted where the amount in controversy was less than forty shillings, it should be tried by a court of selectmen, from the decision of which court an appeal might be taken to the next court of his majesty at Plymouth, provided the appellant furnish security to prosecute such appeal.
Soon after the settlement at Plymouth, the governor and his assistants were constituted a judicial body, and supreme in jurisdiction, and it was substantially a court of appeal, from inferior courts.
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In 1685, it became a law in this colony to establish in the three counties of Bristol, Plymouth, and Barnstable, two courts in each county, which should be presided over by three magistrates, residing in their several counties, a majority of whom constituted the requisite number to make a legal decision. Such county courts had the power vested in them to hear, try and determine according to law, all matters, actions, cases and complaints, both civil and criminal, not extending to life, limb or banishment, or matters of divorce.
The same year (1685) the general court passed a law, that Barnstable, Sandwich, Yarmouth and Eastham, the villages of Sippican, Succonesset and Monomoy, should be a county, Barnstable the county town, and said county be called the county of Barnstable, in which should be held two county courts annually at the county town, giving them power to settle and dispose, according to law, the estate of any person dying intestate within the county, to grant letters of administration, and take probate of wills; to make orders about county prisons, highways and bridges, and as occasion should demand, order rates to be made in the several towns to defray county charges.
The general court adopted the common law of England, that a magistrate or any court should have power to determine all such matters of equity in cases or actions that had been under their cognizance as could not be reached by the common law; such as the forfeiture of an obligation, breach of covenants without great damage, or the like matters of apparent equity. But all judgments acknowledged before any two magistrates and the clerk of the court should be good and sufficient in law.
It became a law in 1662, that every town in this colony should choose three or five discreet men annually, who should in June be presented to the general court at Plymouth for appearance, who, after being duly sworn before a magistrate, should have power to hear, try and determine all actions of debt, trespass or damage, and other causes, not exceeding forty shillings in its jurisdiction. This was the court of selectmen, which had four annual sessions. The record dimly shadows the fact that as early as 1640-2 there was established a "Select Court," whose limit of jurisdiction was twenty shillings.
By virtue of the charter of William and Mary, granted in 1691-2, among other rights were, that Massachusetts bay, the colony of New Plymouth, the province of Maine and Nova Scotia were united and made one province, called the province of the Massachusetts bay, which union marked a new order of things in these provinces. This period inaugurated, among other things, a revision of the judiciary, making, changing and revising much of it.
The first session of the general court, under the new charter, met at Boston on June 8, 1692, and continued nineteen days, until June 27,
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1692. It was ordered at this first session of the general court, that all the local laws made by the late governor and company of Massachusetts bay and of New Plymouth, not repugnant to the laws of England nor inconsistent with the present constitution and settlement by their majesties' royal charter, do remain and continue in full force in the respective places for which they were made and used until November 10, 1692, excepting in cases where other provision is or shall be made by this court or assembly; and all persons were required to conform themselves accordingly: and the several justices were thereby empowered to the execution of said laws as the magistrates formerly were. On June 28, 1692, an act was passed for holding courts of justice on or before the last Tuesday of July, 1692, to be a general sessions of the peace, held in each county of the province, by the justices of the same county, or three of them at least, who were empowered to hear and determine all matters relating to the conservation of the peace, and whatever was by them cognizable by law; the said justices being approved by the selectmen of each town. "That the sessions of the peace be successively held within the several counties, at the same times and places, as the county courts, or inferior courts of common pleas, are hereinafter appointed to be kept. That they shall hear and determine all civil actions arising or happening within the same, triable at the common law according to former usage. The justices for said court, in the county of Suffolk, shall be appointed and commissioned by the Governor, with advice and consent of the council;— that all writs and attachments shall issue out of the clerk's office of the said several courts, signed by the clerk of such court," and the jurors to serve at said courts, were to be chosen according to former custom, and qualified as was directed in their majesties royal charter. —This act was to continue until other provision be made by the general court or assembly.
An act was passed, November 25, 1692, establishing judicatories and courts of justice within this province, which were similar in their powers and jurisdictions, to those hitherto existing. Their majesties' justices of the peace had jurisdiction of all manner of debts, trespasses and other matters not exceeding forty shillings, wherein the title to land was concerned, from which decisions the defendant had the right of appeal to the next inferior court of common pleas. There were quarter sessions of the peace, by the justices of the peace in the same county, held at specified places, each three months in the county, to hear and determine all matters relating to the conservation of the peace, and punishment of offenders, and all other things cognizable by them according to law.
There was a superior court of judicature extending, in its jurisdiction, over the whole province, having a chief justice and four other
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associate justices, three of whom constituted a quorum, having general jurisdiction of causes both civil and criminal. The terms of court were held for the counties of Barnstable, Plymouth and Bristol, at Plymouth on the last Tuesday of February. Wherever this court was held, the justices held a court of assize and general goal delivery. A high court of chancery was held, to hear and determine all matters in equity, which could not be reached by the courts of law. This court was held by the governor, or such other as he might appoint as chancellor, assisted by eight or more of the council. Any party in this court could appeal, wherein the matter in controversy exceeded three hundred pounds sterling.
By the authority of the province charter of William and Mary of 1691-2, power was given to the governor and council to grant the probate of wills, and appoint executors and administrators on estates of deceased persons of this province.
The judiciary system, from the time of the union of the colonies, to the revolutionary period, was substantially the same in spirit, form and general jurisdiction, that existed previous to this time, yet many minor changes it was necessary to make. (See Province Laws Chap. 23, 1699. Chap. 18, 1700. Chap. 5, 1699). At the beginning of the revolutionary period, 1775-6, a court of admiralty was established, to be held at Plymouth,—its judges to be appointed by the majority of the council,—to try the justice of the capture of any vessel brought into either Barnstable, Plymouth, Bristol, Dukes county or Nantucket. Subsequently the jurisdiction of this court was enlarged. The laws relating to the judiciary, after the beginning of the revolutionary period, were enacted to be in full force and virtue until November 1, 1785, by the session held at Boston, November 1, 1779, continuing sundry laws that then existed, and were near expiring, with all and every clause, matter or thing therein respectively.
The magistrates of the earliest courts in the Old Colony, officiated as early as 1640, i.e., Edmund Freeman of Sandwich, Thomas Dimock of Barnstable; and John Crow of Yarmouth. A court was held at Yarmouth June 18, 1642, before Edward Winslow, Myles Standish and Edmund Freeman.
In 1679, a select court was established in each town. Those commissioned to hold them were, in Sandwich, Edmund Freeman, John Blackwell and Thomas Tupper; in Yarmouth, Edmund Howes, Ensign Thacher, Edward Sturgis, John Miller, and Jeremiah Howes; in Barnstable, Joseph Lothrop, James Lewis, and Barnabas Lothrop; and in Eastham, Jonathan Sparrow, Mark Snow, and John Doane. In 1689, Jonathan Sparrow of Eastham and Stephen Skiffe of Sandwich were appointed county judges.
After the union of the colonies, the following is the list of the judges of the court of common pleas of the county of Barnstable:
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December 7, 1692, John Freeman, Eastham; December 7, 1692, Bar's Lothrop, Barnstable; December 7, 1692, John Thacher, Yarmouth; December 7, 1692, Stephen Skiffe, Sandwich; March 6, 1695, Jon'n Sparrow, Eastham; July 17, 1699, John Sparrow, Eastham; June 8, 1710, Wm. Bassett, Sandwich; July 5, 1713, Daniel Parker, Barnstable; July 5, 1713, Thomas Payne, Eastham; April, 1715, John Otis, Barnstable; April, 1714, Sam. Annable, Barnstable; July 20, 1711, John Gorham, Barnstable; July 5, 1713, John Doane, Eastham; July 14, 1715, Mela'h Bourne, Sandwich; July 14, 1715, Sam. Sturgis, Barnstable; December 10, 1715, Nath. Freeman, Harwich; November 14, 1721, Jos. Lothrop, Barnstable; March 16, 1722, Jos. Doane, Eastham; December 26, 1727, Ezra Bourne, Sandwich; March 10, 1729, Peter Thacher, Yarmouth; March 10, 1729, Shub'l Baxter, Yarmouth; June 22, 1736, John Thacher, Yarmouth; June 22, 1736, John Davis, Barnstable; December 21, 1739, John Russell, Barnstable; January 27, 1742, Shub. Gorham, Barnstable; January 27, 1742, Dav. Crocker, Barnstable; August 9, 1746, John Otis, Barnstable; February 24, 1763, Roland Cotton, Sandwich; May 9, 1770, Is'c Hinckley, Barnstable; September 13, 1753, Thos. Winslow, Harwich; June 2, 1758, Sylv. Bourne, Barnstable; August 2, 1758, Thos. Smith, Sandwich; December 19, 1758, Row. Robinson, Falmouth; May 23, 1760, Ny's Marston, Barnstable; February 1, 1764, James Otis, Barnstable; February 1, 1764, Edw. Bacon, Barnstable; June 20, 1765, John Gorham, Barnstable.
At the interruption of the revolutionary period the following were known to belong to the common pleas court: Melatiah Bourne, Shearjashub Bourne, David Gorham, Solomon Otis, Kenelm Winslow, David Thacher, Daniel Davis, Joseph Otis, and Richard Bourne.
Immediately following 1774, the appointment of judges was conferred upon the governor alone, and the first appointments in the county were in the names of the "Governor and People of Massachusetts Bay," viz.: October 11, 1775, James Otis, Barnstable; Nath. Freeman, Sandwich; Daniel Davis, Barnstable; and Richard Baxter, Yarmouth. The following appointments were also made : October 13, 1775, Joseph Nye, jr., Sandwich ; March, 27, 1781, Sol. Freeman, Harwich; March 21, 1793, John Davis, Barnstable; June 28, 1799, Ebenezer Bacon, Barnstable; February 11, 1801, David Scudder, Barnstable; February 14, 1803, Sam'l Waterman, Wellfleet; February 20, 1804, Thomas Thacher, Yarmouth ; February 22, 1809, Isaiah L. Green, Barnstable ; February, 1809, Timothy Phinney, Barnstable; August 22, 1809, Wendell Davis, Sandwich.
As session justices for the county (immediately after the circuit court of common pleas was established) Richard Sears of Chatham was commissioned June 10, 1814, and Calvin Tilden of Yarmouth on February 15, 1815.
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Since the beginning of this century, the following were appointed judges of the court of common pleas for this county : Nath. Freeman, Sandwich, chief justice; John Davis. Barnstable, chief justice, 1811; Jos. Dimick, Falmouth, chief justice, 1808: James Freeman, Sandwich, justice, 1808; Sam'l Freeman, Eastham, justice, 1811; Isaiah L. Green, Barnstable, justice, 1812; Sol'n Freeman, Brewster, justice, 1812; Richard Sears, Chatham, justice, 1816; Calvin Tilden, Yarmouth, justice, 1816; Sam'l P. Crosswell, Falmouth, justice, 1819; Elijah Cobb, Brewster, justice, 1819 ; Elisha Doane, Yarmouth, justice, 1819; Naler Crocker, Barnstable, special justice, 1822; Melatiah Bourne, Sandwich, special justice, 1822.
The legislature of 1828 abolished the court of sessions and commissioners of highways, and established in their place, a court of county commissioners, since which time this board has been composed as below indicated. The first court of county commissioners was organized in 1828, with Samuel T. Crosswell, Matthew Cobb, and Obed Brooks as commissioners. On the 11th of June, 1835, Jesse Boyden of Sandwich, Michael Collins of Eastham and Alexander Baxter of Yarmouth, having been elected, organized under the statute of the preceding April. Chapter XIV. of the Revised Statutes provided that on and after the first Monday in April, 1838, three commissioners should be chosen every third year to serve three years. In 1838 Jesse Boyden, Michael Collins and Charles Sears were elected;—in 1841, Zenas D. Bassett, Isaac Hardy, and John Newcomb; in 1844 and 1847, Seth Crowell of Dennis, Ebenezer Nye of Falmouth, John Newcomb of Wellfleet; 1850, Seth Crowell, John Doane of Orleans, David K. Akin of Yarmouth ; 1853, John Doane, David K. Akin, and Simeon Dilllngham of Sandwich.
The act of March 11, 1854, directed the commissioners to choose by ballot one of their number to retire in 1854, one in 1855, the other to hold his office until 1856, and provided for the annual election of one commissioner at the general election each year, whose term of office should be three years. In 1855 David H. Smith succeeded David K. Akin, and in 1856 William Hewins succeeded Simeon Dilllngham. In September, 1856, Edward W. Ewer of Sandwich was elected to fill the vacancy of David H. Smith. Since that time the three year terms begin in January. The names of the several commissioners with the year in which their terms began, are as follows : 1857, James Gifford of Provincetown; 1858, Edward W. Ewer of Sandwich ; 1859, Joseph H. Sears of Brewster; 1860, John W. Davis of Wellfleet; 1861 and 1864, Erasmas Gould of Falmouth ; 1862, Joseph H. Sears of Brewster; 1863 and 1869, Daniel Paine of Truro; 1865 to 1883, James S. Howes of Dennis ; 1867 to 1875, Ebenezer S. Whittemore of Sandwich; 1872, Elijah E. Knowles of Eastham ; 1875, Jonathan Higgins of Orleans ;
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1876 to 1884, Joshua C. Robinson of Falmouth; 1881, Nathan D. Freeman of Provincetown (died in office); 1886, Solomon E. Hallett of Chatham ; 1888, Samuel Snow of Barnstable; 1888, Isaiah C. Young of Wellfleet, elected to fill the vacancy caused by the death of N. D. Freeman, and reelected in 1889, for further term.
By the statute of 1784, probate courts were established, with powers and jurisdiction given by the laws of the commonwealth. The appellate jurisdiction is vested in the supreme judicial courts. By the charter of William and Mary the authority was vested in the governor and council, by which probate officers were appointed in the several counties, exercising a delegated authority, from the decrees of which appeals were taken to the governor and council, who remained the supreme court of probate. Such was the commencement of the probate court as a distinct tribunal. This probate court continued to exercise probate jurisdiction, until county probate courts were established under the state constitution, and the act of 1784, under which the probate courts were first formally established, and which act provided for the holding of a probate court within the several counties, and for the appointment of judges and registers of probate, and transferred the appellate jurisdiction from the governor and council to the supreme judicial court, which is the supreme court of probate. The probate courts thus organized continued to exercise probate jurisdiction until the law of 1858, chapter 93, which abolished the office of judge of probate and provided for the appointment in each county of a suitable person to be judge of probate and judge of the court of insolvency, and be designated the judge of probate and insolvency.
The decrees of the probate court, upon subjects within its jurisdiction, are final, unless appealed from. They cannot be questioned in courts of common law, neither will a writ of error lie to its judgments, nor will certiorari lie from the supreme court; but the illegal decrees of the probate court are nullities, and may be set aside, by plea and proof; but an aggrieved party may appeal to the supreme court of probate, as prescribed by statute. The probate courts for each county have jurisdiction of the probate of the wills, of granting administration of the estates of persons who at the time of their decease, were inhabitants of or resident in the county, and of persons who die out of the Commonwealth leaving estates to be administered within the county; of the appointment of guardians to minors and others; of all matters relating to the estates of such deceased persons and wards; of petitions for the adoption of children, and for the change of names; and of such other matters as have been or may be placed within their jurisdiction by law.
Governor Joseph Dudley in 1702, in consideration of a change in
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the charter of 1691, referring to the probate of wills, vesting that power in the governor and council; and finding courts established in the several counties for that purpose, ordered that these courts be continued. The incumbents have been: first, in 1693, Barnabas Lothrop; June 15, 1714, John Otis; December 26, 1727, Melatiah Bourne; January 6, 1740-1, Sylvanus Bourne; February 1, 1764, James Otis; March 27, 1781, Daniel Davis; May 27, 1799, Ebenezer Bacon; January 30, 1800, John Davis; June 8, 1825, Job E. Davis; January 11. 1828, Nymphas Marston; December 18, 1854, George Marston; May 13, 1858, Joseph M. Day; June 14, 1882, Hiram P. Harriman.
The registers of probate have been: in 1693, Joseph Lothrop; August 13, 1702, William Bassett; June 14, 1721, Nathaniel Otis; August 23, 1729, Sylvanus Bourne; January 6, 1740-1, David Gorham; August 28, 1775, Nath. Freeman; January 22, 1823, Abner Davis; March 28, 1836, Timothy Reed; June 29, 1852, Nath'l Hinckley; March 2, 1853, George Marston; December 28, 1854, Joseph M. Day; Rufus S. Pope; June 29, 1858, Charles F. Swift; 1858, Jonathan Higgins; 1874, Charles Thacher, 2d; 1884, Freeman H. Lothrop.
The statute of 1858, Chapter 138, authorized the governor to designate, not exceeding nine justices of the peace, in the county of Barnstable, as trial justices, to try criminal offenders, whose jurisdiction extended to any town in the county. Subsequently their jurisdiction was enlarged by statute of 1877, Chapter 211, which authorized them to have original and concurrent jurisdiction with the superior court of civil actions of contract, tort, or replevin, where the debt or damages demanded or value of property alleged to be detained is more than one hundred and does not exceed three hundred dollars. In other matters, their jurisdiction was coextensive with ordinary municipal and district courts.
Those who have held the office of trial justice, since 1858, in the county, are: Ebenezer Bacon, Barnstable, from 1860 to 1869; Edward W. Ewer, Sandwich, 1858 to 1860; James B. Crocker, Yarmouth, 1858 to 1884; George W. Donaldson, Falmouth, 1858 to 1865; Joseph K. Baker, jr., Dennis, 1859 to 1861; John W. Davis, Wellfleet, 1858 to 1865; Albion S. Dudley, Provincetown, 1858 to 1863; Cyrus Weeks, Harwich, 1858 to 1866; Ebenezer S. Whittemore, Sandwich, 1860 to 1889, and continues; Marshall S. Underwood, Dennis, 1861 to 1882; Isaac Bea, Chatham, 1862 to 1872; Benjamin F. Hutchinson, Provincetown, 1868 to 1870; Theodore F. Bassett, Hyannis, 1868 to 1889 and continues; Smith K. Hopkins, Truro and Barnstable, 1867 to 1889 and continues; Frederick Hebard, Dennis, 1868 to 1869; Richard S. Wood, Falmouth, 1865 to 1875; George T. Wyer, Wellfleet, 1872 to 1889 and continues; Shubael B. Kelley, Harwich Port, 1873 to 1889 and continues; Raymond Ellington, Provincetown, 1875 to 1878; James H. Hopkins,
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Provincetown, 1886 to 1888; Charles F. Chamberlayne, Bourne, 1884 to 1889 and continues; George Godfrey, Chatham, 1886 to 1889 and continues; Jonathan Kelley, 2d, Dennis, 1886 to his death in 1889; William D. Foster, Provincetown, 1884 to 1885; Tully Crosby, jr., Brewster, appointed in 1890 and continues; Watson F. Baker, Dennis, 1889, and continues.
The Bar of the County of Barnstable.—The bar can justly claim some of the highest mental lights of the world, and yet what is known of its members, is in a great degree, traditionary. Very few of the transcendent efforts in the forum are reported;—their fame and merit are passing and transitory; and are forgotten by the multitude who heard them. Our great American orator, statesman, and patriot, James Otis, who was born at West Barnstable, February 5, 1725, exhibited the character of one of the purest patriots and eloquent defenders of human rights, that the American continent has produced; —when in the midst (1761) of his duties as advocate general, in defending the writs of assistance, but deeming them illegal and unjust, he immediately resigned.—His argument in this case produced a profound impression. Such was his unselfish love of country, that he has left his impress as an ornament on the column of time.
The finished forensic efforts of Rufus Choate and other eminent American advocates, would adorn the pages of Cicero, and yet much of it has passed into forgetfulness. A few Nestors of the Suffolk bar, occasionally speak of the scintillations of his magnetic mind, and the charm of his speech, yet they add in despair;—" we cannot repeat the effect upon the breathless multitude who heard him, with the indescribable power of a magician." No one is able to rehearse these masterly utterances, or realize the effect upon the enchanted multitude. I well remember how deeply moved was the throng in the courtroom, when he closed his argument for the defense in a capital case, where the life or death of the defendant was depending upon the verdict of that jury; the audience refused to leave the room, before the verdict came in, so deeply were they in sympathy with Mr. Choate's client.
It will be impossible to say much concerning the early members of the bar of the county of Barnstable, since we have very little material relating to them to make up anything approaching the dignity of biography. At this early period of the Pilgrims and some years subsequently, the profession of the law hardly had a name in the Old Colony; very few made the study and practice of the law an exclusive profession; and those who were members of the bar, it is difficult to determine, with any degree of accuracy, until we pass to a later time.
As early as 1676, Richard Bourne of Sandwich, Shearjashub Bourne
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of Barnstable, and Samuel Prince were conversant with the duties of a lawyer. Hon. Ezra Bourne of Sandwich was by preparation and practice a lawyer as early as 1700. William Bassett, Samuel Jennings and Silas Bourne of Sandwich, were lawyers in their way; and so was Nathaniel Otis of Barnstable, a member of the bar, in fact. With the exception of Ezra Bourne, Hon. Timothy Ruggles was the most able and learned lawyer in the county. He came to Sandwich, not far from the year 1739,—having graduated at Harvard College in 1732.
Hon. Shearjashub Bourne of Barnstable was a man of mark, and during the first years of the republic, he was the representative in congress from this district, during the first, second and third congresses. He was born in Barnstable in 1744, graduated from Harvard College in 1764 and died in 1806. He was a class-mate of Governor Caleb Strong, and other distinguished men. Shearjashub Bourne was a direct descendant of Rev. Richard Bourne of Sandwich, who was one of the most able men who came to Sandwich in 1637, and finally became a useful and devoted missionary to the Indians.
Hon. Lemuel Shaw, chief justice of the supreme judicial court of Massachusetts, from August 31, 1830, to August 23, 1860, died at Boston, March 30, 1861. This illustrious chief justice was born at West Barnstable, January, 9, 1781, the son of Rev. Oakes Shaw, who held here the pastorate for 47 years. The son graduated at Harvard College in the class of 1800, with Judge Story, William E. Channing and other distinguished men. Judge Shaw never practiced law in the county of Barnstable, but he held a broad and secure position in the affections of all the citizens of the Commonwealth, and was the acknowledged chief of its jurists. No man in any period of our history has so deeply impressed his mental power and judicial reasoning upon the people of the Commonwealth, as did Judge Shaw. He was constructive, and yet he was progressive. As has been said, for the high degree of symmetry and harmonious development to be found in the science of the law as administered in our courts, we are largely indebted to his comprehensive and vigorous intellect. He had an abiding sympathy, coupled with broad mental power and minuteness of observation. " His understanding resembles the tent which the fairy Paribanou gave to prince Ahmed. Fold it, and it seems a toy for the hand of a lady. Spread it, and the armies of powerful sultans might repose beneath its shade." His sympathies were deep and broad, which an incident will illustrate. The question was raised whether a heifer calf was exempt from attachment, which caused some merriment at the Bar. Judge Shaw paused and with some emotion said: "Gentlemen, this may seem to you a trifling case, but it is a very important question to a great many poor families."
Hon. Nathaniel Freeman, jr., son of General Nathaniel Freeman of
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Sandwich, was born May 1, 1766, and died August 22, 1800, at the age of 35 years. He graduated at Harvard College in the class of 1787, with John Quincy Adams, and other men of ability. He studied and practiced law; but at the age of 30, in 1796, he was elected to the fourth congress, with a unanimous vote, save one. In 1798, he was elected the second time to the fifth congress, and while a member of this body, he died at the age of 35. Nathaniel Freeman, jr., was a person of brilliant mind, and a man of great powers of eloquence for one of his years ; and yet it is hardly known, even in the Old Colony, what an able man he was. His was an untimely death;—what fruit might we not expect from the golden autumn of such a mind !
Hon. Timothy Ruggles was one of the most remarkable lawyers ever connected with the bar of the county of Barnstable; born in Rochester, Mass., He graduated at Harvard College in the class of 1732, before his 24th birthday, in 1739, he became an inhabitant of Sandwich, and he began the practice of law before he came here. He managed to be elected a representative to the provincial legislature from Sandwich. He married Bathsheba Newcomb, a young widow, who was the proprietor of the tavern, and united the profession of the law with that of innkeeper; having personal supervision over both. With all else, he had a decided military bent, and was destined to be distinguished in that direction.—Freeman says, as colonel he led a body of troops to join Sir William Johnson in the expedition against Crown Point in 1755. He was in the battle of Lake George; brigadier general under Lord Amherst; removing to Hardwick, he served several years as representative from that town, two of which he was speaker. He was for a while chief justice of the court of common pleas. In 1765 he was a delegate, with Otis in the colonial convention, and was chosen its president. As a politician, his popularity was fated to wane; the whigs were dissatisfied with his course, and the house of representatives reprimanded him from the speaker's chair. His assurance never for a moment forsook him. As a lawyer he was shrewd and quick of apprehension, and was bold in his conception; in his manners, rude and lordly; artful in his address to the jury; sagacious and well equipped as a demagogue, against whomsoever he was pitted. He was mentioned as a mandamus counsellor in 1774 and proved a decided loyalist. Finding concealment in Boston, until its evacuation, he retired with the British troops to Halifax, where he organized a body of loyal militia refugees to the number of 300. He died in Nova Scotia in 1798, at an advanced age.
This account of Mr. Ruggles is protracted, not because of his eminent goodness, or lack of ability, but for his extended range of vicissitudes in life, and his power to exhibit them with a firm hand and purpose. I will dismiss Mr. Ruggles with an anecdote.—An old lady
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witness comes into court at Barnstable, before the chief justice arrives. The court enters with great gravity, finding the old lady in his seat, inquires of her, who gave her his seat. The old lady, pointing to Ruggles, said, "He gave me the seat,"—and after the old lady was removed, the chief justice, turning to Ruggles, firmly demanded of him his reasons for such conduct. His cool and characteristic reply was: " May it please your Honor, I thought that the place for old women."
Hon. Zeno Scudder was born at Barnstable in 1807, and died there June 26, 1857, at the age of 50. Like many of the sons of the Cape, he had a decided inclination to follow the sea; but before he reached the age of 21, he had paralysis of his right limb, causing lameness. This caused him to change his plans. Under the advice of Doctor Nourse of Hollowell, and at Bowdoin College, he pursued the study of medicine, and after completing it found his lameness an impediment to his practice as a physician; not being discouraged, he turned his attention with zeal to the study of the law. His preparatory course was partly pursued at the Dane Law School at Cambridge. He was admitted to the bar in 1836. He first opened an office in Falmouth, but soon after settled in his native town, which was near the centre of business.
By studious application and great industry, he gained and deserved the reputation of being one of the best read, and ablest lawyers in the Commonwealth; and this was supplemented by an honest and high-minded purpose. He was elected to the Massachusetts senate in 1846, and when returned to the same body in 1847, was chosen president. He was elected to the 32d and 33d congresses, but before he took his seat in the 33d, a severe casualty prostrated him, which finally caused his death, to the deep regret of many friends. Mr. Scudder not only had a keen, but a broad and comprehensive mind, capable of grasping great principles. He exhibited this in his masterly speech in congress, August 12, 1852, on the importance of American fisheries. Very few members of congress from the Old Colony were more faithful to the people represented than Zeno Scudder. As a lawyer, he was jealous of the just rights and interests of his clients, but never claimed for them that which was not right, or proper or just. He believed the law to be a noble science, and one of dignity.
Hon. John Reed was born at West Bridgewater in 1781, and died in the same place, in 1860, at the age of 79. He became a resident of Yarmouth in early life, and opened an office for the practice of law, and took high rank. He was once a representative of the legislature from Yarmouth, and was twelve times elected in this district to congress, serving twenty-four years in that body. He was called the " life member." In 1844 he was elected lieutenant governor and was re-elected seven successive years after he returned to Bridge-water.
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Hon. Nymphas Marston, who was born at Barnstable, February 12, 1788, and died there May 2, 1864, graduated at Harvard College in the class of 1807. In 1828 Governor Lincoln appointed him judge of probate, and he served 26 years to 1854, at which time he resigned. Probably no lawyer ever practised in the county of Barnstable, who more completely gained and held the confidence, love and esteem of all the people of the county, than Nymphas Marston. He was always ready to advise a settlement, rather than contend in court; but when he did try a cause, the people believed he was on the side of justice, and he usually won the verdict. He was one of Nature's own advocates; and before the court and jury he was a magician. He was a man of " infinite jest." After defending in court, a client, who was accused of stealing a pig, the jury acquitted him, which greatly surprised the defendant, whereupon he whispered in Mr. Marston's ear: —" What shall I do with the pig ? " Mr. M.'s reply was:—" Eat him, the jury say you did not steal him"!! Mr. Marston could have been elected to almost any office within the gift of the people; but as he often said: " I would rather be Judge of Probate for the county of Barnstable, and protect the rights of its widows and orphans than hold any other office."
Hon. Wendell Davis, was born about 1775, died in Sandwich, December 30, 1830, and was buried in Plymouth. He was admitted to the bar, and settled in Sandwich in 1799. He was a son of Thomas Davis of Plymouth. He was clerk of the Massachusetts senate in 1803-1805, afterwards senator, and several years sheriff of the county of Barnstable, and he held other offices of trust. He practised law and resided in Sandwich about thirty years. He was a lawyer possessed of great natural abilities;—a direct descendent of the Pilgrims: Governor Bradford, Elder Brewster, and Richard Warren. He was a safe and wise counselor, yet seldom appeared in court as an advocate.
Hon. Russell Freeman, the tenth child of General Nathaniel Freeman, was born October 7, 1782, and died in Boston of heart disease in 1842. He was several years collector of customs in New Bedford; representative in the legislature from Sandwich, and one of the executive council. His deafness prevented his practising law at the bar, but he was a lawyer of pronounced abilities, and an able and safe adviser, and one of the most popular men in the Old Colony; coupled with a genial disposition, ready wit, quick perceptions, honorable aims in life, sincere in his friendships, which caused him to be widely known in the Commonwealth, and highly esteemed, and his death universally mourned. On his tombstone, by his direction, is inscribed; '' In meipso nihil; in Christo omne."
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Hon. George Marston, born in Barnstable, October 15,1821, died in New Bedford, August 14, 1883; studied law at Cambridge in 1844, and was admitted to the bar in 1845, and practised his profession in Barnstable and New Bedford. During 1853 and 1854 he was register of probate, and from 1855 to 1858, judge of probate of the county of Barnstable. In 1859 he was elected district attorney for the Southern district. Mr. Marston was nominated by the republicans in 1878 for the office of attorney general, to succeed Hon. Charles R. Train, and was elected. He resigned the office of district attorney in order to enter upon the duties of his new office, and was re-elected attorney general, at the successive elections of 1879, 1880 and 1881. He was the only attorney general born in the county of Barnstable. Mr. Marston was by general consent, one of the ablest, and most prominent and influential men in the Old Colony, and enjoyed the confidence and esteem of all who knew him. After a few years most men are forgotten by the larger body of the people; not so with George Marston. His life was so filled with the important business of other men throughout the Commonwealth, that his name and fame will be handed down through a series of years. Few other lawyers ever had a better facility in the trial of causes than George Marston; he may be said to have been a great jury lawyer. He had a rich and perennial inspiration of language, and when the odds seemed against him he would turn the tide by the magic of his speech. He was well educated as a lawyer, yet not a graduate of a college;—few graduates, however, could excel, him in common sense and purity of diction. The universities of Oxford and Cambridge would have added no glory or lustre to the fame or breadth of understanding of William Shakspeare. Such men carry universities in their heads.
Hon. John B. D. Cogswell, born at Yarmouth, June 6, 1829, died at Haverhill, June 10, 1889. He graduated at Dartmouth College, in 1845, in high rank, and studied law in the office of Governor Emery Washburn and Senator Hoar, in Worcester. In 1850 he took the degree of LL.B. at Cambridge Law School. He opened an office in Worcester in 1857, and was elected a representative to the legislature. In 1858 he moved to Milwaukee, Wis., and opened an office there. In 1861 and again in 1865 he received the appointment of United States district attorney for the state of Wisconsin by President Lincoln. He returned in 1870 to Yarmouth, and was sent as representative to the state legislature for the years 1871, 1872 and 1873, and elected state senator for the years 1877, 1878 and 1879, and was president of the senate in 1878 and 1879. Mr. Cogswell was a man of unquestioned abilities, coupled with uncommon powers of oratory, and urbanity of manners. 14
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Hon. John Doane was born in part of Orleans then embraced within the limits of Eastham, on May 28, 1791, and died March 3, 1881. He was educated at Sandwich Academy, and at Bridgewater; —he studied law with John Reed, and was admitted to the bar in Barnstable about 1818, and practiced for more than half a century. He was representative to the legislature, and in 1830 was first elected state senator, in which office he served three terms with dignity and ability. He was at one time a member of the governor's council. In 1850 and again in 1853 he was elected county commissioner and was thus contemporary in that court with David K. Akin, Seth Crowell and Simeon Dilllngham.
He lived to a ripe old age in the enjoyment of a rare social position, respected and loved by all who knew him, his life work as an adviser, peacemaker and friend more than filling up the measure of man's allotted time. Upon the town in which he resided and upon the public whose interests he sought to serve he made a deep and lasting impression as an honest and sound counselor, who, in all his professional career advised settlements, compromises and concessions instead of litigations in the courts.*
Seth F. Nye of Sandwich was born May 13, 1791, and died September 13, 1856, at the age of 65 years and four months. He was admitted to the bar of the county of Barnstable about 1816, and practiced here for forty years —the whole period of his business life. He held various offices of trust, was representative to the legislature, and a delegate in the convention of 1820, to revise the constitution of the state. He rarely appeared in court as an advocate, but prepared his cases for argument by other counsel. He was a genial person, and one of good sense,—a useful and benevolent citizen, and his death was deeply lamented by those who knew him.
John Walton Davis was born at Wellfleet in 1817, and died at Provincetown in 1880. He was at Amherst College two years, and subsequently graduated from Bowdoin College, Maine. He graduated with distinction, as a fine scholar, at the head of his class. He studied law at Ellsworth, Me., and after being admitted to the bar, practiced at Topham, Me., Boston, Mass., Wellfleet and Provincetown. Mr. Davis held offices of public trust, among which were internal revenue assessor, trial justice, county commissioner, and others. He was a genial and agreeable gentleman, and one who possessed sufficient ability to have filled more important stations in life than he did.
Benjamin F. Hutchinson, came to Provincetown from the county of Essex, (about 1870) and practiced law, jointly with teaching. He was very devoted to the cause of education, and was connected with
* The ancestry and family of Esquire Doane are further noticed in the chapter on Orleans.—Ed.
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the school board until his death. He was thoroughly honest, and well equipped in the science of the law; was an expert in drawing legal documents, which bore the test of scrutiny. He rarely appeared in court as an advocate, but prepared his cases for others to argue. He died at Provincetown.
Hon. Simeon N. Small of Yarmouth, was born at Chatham, Mass., but practiced law at Yarmouth and Milwaukee, Wis. He held various public offices before emigrating to the West, among which was judge of the court of insolvency. In 1860, he went to Milwaukee, and built up a large law practice, and accumulated a fortune. Mr. Small was considered an able and good lawyer, and a man of integrity, in whom confidence could be placed. He died in Milwaukee.
Frederick Hallett of Yarmouth, studied law about 1862-3 with Judge Day of Barnstable, and was admitted to the bar, and began the practice of the law, with every prospect of brilliant success; but he was soon called to lay down his life's armor, and died at the untimely age of 25 years. He was universally beloved and when he died, Yarmouth, as a town, put on its sincere mourning.*
Charles F. Chamberlayne, son of Rev. N. H. and Hannah S. (Tewksbury) Chamberlain, was born at Cambridge, Mass., November 30, 1855. He prepared at the Cambridge High School and graduated from Harvard College in 1878. He also graduated at Harvard Law School and began practice in Boston. In 1883 he edited the American edition of Best on Evidence, and the following year was appointed trial justice for Barnstable county—a position he held until the office was abolished in 1890.
Tully Crosby, jr., was born in South Boston, August 21, 1841. His parents removed to the Cape three years later, where he was educated in the public schools and at the Hyannis Academy. Afterward he followed the sea until 1875, when he retired and settled in Brewster, where he now resides. He began the study of law in 1883, taking a special course in the Boston University School of Law, under Judge Bennett, was a member of the general court in 1885, serving as clerk of the committee on education, and was admitted to the bar in Barnstable county, October 14, 1887.
Thomas C. Day was born in Barnstable, April 20, 1856. To the excellent advantages of the village school were added those of Adams' Academy, Quincy, Mass., where he graduated in the spring of 1875, after a three years' course. In the fall of 1877, after two years in Harvard College, he entered the law office of his father, Judge Joseph M. Day, then of Barnstable, and in October, 1880, was admitted to
*The succeeding portion of this chapter was not contributed by Mr. Whittemore.— Ed.
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practice. He subsequently became, in 1882, partner with him in the present firm of J. M. & T. C. Day, with one office in Barnstable and one in Brockton, Mass., where the senior partner now resides. Mr. Day is a democrat in politics, and although yet young, has been recognized by the party as a capable and popular standard bearer.
Alexander McLellan Goodspeed, born in Falmouth in 1847, a son of Obed, grandson of Walley, and great-grandson of Joseph Goodspeed, was educated in Lawrence Academy, Falmouth, and Phillips' Academy, Andover. He subsequently taught in public schools, and was for several years in the engineer corps of a Western railroad. He began his law training with Marston & Crapo, of New Bedford. He was admitted to the Bristol County bar in March, 1880, and now is established as attorney at law in New Bedford, but has a substantial clientalage at Falmouth.
Judge Hiram Putnam Harriman, of Barnstable county, was born at Groveland, Mass., in the valley of the Merrimac, February 6, 1846. His father, Samuel, was a son of Moses Harriman, and his mother, Sally Adams, was a daughter of Henry Hilliard. Both of these family names have been well known and honorably represented in that part of Essex county for nearly two hundred years, and here on the south bank of the river the now venerable Samuel Harriman has passed in rural peace a long and successful career as an extensive owner and tiller of the soil. The early training of the lad Hiram was in the district school and in a private academy at Groveland, where he improved the brief intervals in which he might be spared from the labors of the farm. He was the youngest of three, and to the teachings of an older sister are attributed much of the love of study and thirst for knowledge which became the mainspring of his higher aspirations. With such a resultant as these circumstances and forces might produce in an enterprising boy of eighteen, intent not only upon a college education, but aspiring to some professional career, he became a student of Phillips' Exeter Academy in February, 1864, entering at the middle of the junior year. In one year and a half he had, by special effort, mastered the Greek and Latin preparatory course, and went up to Dartmouth in June, 1865, where he passed the examination to enter the college. His college life began the following September, and closed with his graduation with the class of 1869; and although he taught three winters during the course he stood sixth in a class of more than sixty. Several of the Cape towns depended, at that period, upon the students of Dartmouth College for their best winter teachers, and it was while a student of this institution that he first became known on the Cape as a teacher two winters in the public schools of Truro. Here by his urbanity of manners and devotion to his work he attained a high position as a teacher and at-
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tracted to himself many warm friends, who have shown a pride and interest in his subsequent advancement.
From September, 1869, until the following May he was at Albany, N. Y., completing a course which he began with Blackstone, while teaching the country school at South Truro in the winter of 1867-8. His graduation at the Albany Law School entitled him to admission to practice in New York, and after a short association with J. P. Jones, a prominent lawyer at Haverhill, Mass., he was admitted to the bar of Essex county and removed the same year to Wellfleet—then the terminus of the railroad,—establishing himself on Cape Cod, in the practice of law. There has never been since, nor had there existed for many years before, a better opportunity for a young lawyer of his stamp to obtain a foothold in Barnstable county. Mr. Marston, who for years had a large and profitable practice, had removed to New Bedford; George A. King of Barnstable was gradually dropping his Cape practice and soon gave his whole attention to his Boston business.
Mr. Harriman took an office at Barnstable, and the following year one at Harwich, where the failing health of his friend, Jonathan Higgins, Esq., who advised the step, was making a vacancy for some other member of the bar. At these offices Judge Harriman still pursues his profession. His faithfulness in the management of the causes committed to his care, the perseverance and excellent order in which he prepares his cases for trial, his uniform courtesy to opponents, and his thorough honesty in all matters of his profession, have gradually and successfully advanced him to the head of the bar of this county. On the 14th day of June, 1882, he was appointed to the position he now fills as judge of probate and insolvency for the county of Barnstable. In this important office, by his affability and uniform courtesy toward all classes who have occasion to need his ministrations, he has won the confidence of the people, who are proud of him as an adopted son of Cape Cod. Almost from the first he has had a substantial clientalage. He was counsel for the old Cape Cod railroad until the consolidation, and has since then been retained by the Old Colony company.
While this volume was in course of completion a final decision was reached in the famous Snow-Alley case—the largest suit ever decided in the Commonwealth in an action of tort. Judge Harriman was retained by Mr. Snow in May, 1884, and began laying, in his own thorough manner, the foundation for the prosecution. Mr. Alley employed several of the ablest lawyers in the county—including Colonel Robert G. Ingersoll and Ambrose A. Ranney, and for almost six years they stubbornly contested every issue of fact or law. After three trials at Barnstable a statute was enacted allowing the removal of the case from Barnstable county, where the defendant's counsel alleged that
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they could not get justice with Harriman opposing. Four verdicts were reached, and twice the case went to the full bench before the judgment in favor of Judge Harriman's client was paid.
Judge Harriman was married September 25, 1870, to Betsey Franklin, daughter of Captain George W. Nickerson and granddaughter of Dr. Daniel P. Clifford of Chatham, and has since resided at Wellfleet, where he is fully identified with the town's local interests.
Jonathan Higgins, of Orleans, was born there November 21, 1816, and was there educated in the public schools and in the academy. His father, Thomas, was a son of Samuel Higgins, whose father and grandfather each bore the name Jonathan. Mr. Higgins studied law in the probate office with Judge J. M. Day, and in 1858 and three terms thereafter was elected register of probate. He has since devoted his time chiefly to the practice of law. The title, Deacon Higgins, by which he is generally known, alludes to his relation with the Congregational church of Orleans. His deceased wife, Mary, was a daughter of Seth Doane. Of their seven children, Mrs. Captain Alfred Paine, Mrs. O. E. Deane and Hon. George C. Higgins, ex-mayor of Lynn, are the only survivors. The present Mrs. Jonathan Higgins is Ruth, daughter of Joseph Snow.
Smith K. Hopkins was born in Truro, August 12, 1831, a lineal descendant of Stephen Hopkins who came in the Mayflower, through Giles his son, who removed from Plymouth to Yarmouth. Educated in the public schools of Truro and at Truro Academy, under Joshua H. Davis, Esq., now superintendent of schools in Somerville, Mass.; followed the sea from boyhood until twenty-one years of age, then went to Illinois and was in the employment of Josiah Lombard— formerly of Truro —in the real estate business, until 1860. In 1860 returned to Truro to reside. Married in 1855, to Mary A. Hughes, daughter of James Hughes of Truro. Five children: James H., lawyer, of Provincetown; Howard F., editor of Provincetown Advocate; Raymond A., Boston, Mass.; Winthrop Stowell, died in September, 1889; Ethel B., at school. School committee 1862 and 1863. Representative in legislature in 1863. Appointed ensign in U. S. Navy in August, 1863, and served on frigates Savannah, Brooklyn and Fort Jackson during the war. Sent in as prize master of English steamer Let-Her-Rip, a blockade runner captured at Wilmington by the Fort Jackson, and after delivering her to the Admiral at Boston Navy Yard, was appointed temporarily to command the gunboat Jean Sands; subsequently detached and ordered again to the frigate Fort Jackson. Was at both attacks on Fort Fisher by the army and navy in December, 1864, and January, 1865, and participated in the assault on the fort at the time of its capture; recommended for promotion and offered an appointment to be retained
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in the navy at the close of the war, but resigned when the war was over. Was one of the selectmen, assessors, etc., of Truro from 1866 to 1874, and chairman from 1871 to 1874. Studied law with B. F. Hutchinson of Provincetown; was admitted to the bar April, 1873. Register of deeds for Barnstable county 1874, 1875, 1876, and has been clerk of the courts for Barnstable county since 1876. Notary public; justice of peace since 1860, and trial justice since 1866. Removed from Truro to Barnstable in 1875.
James Hughes Hopkins, oldest son of Smith K. Hopkins above mentioned, was born in North Truro, February 20, 1861. After attending the public schools of Truro, and the Prescott Grammar School of Somerville, Mass., he graduated from the Somerville High School in 1878, and from Harvard College in 1882. He then taught public schools at North Eastham and at West Barnstable, while continuing the study of law, for which he early evinced a taste and aptitude, and was admitted to the bar at Barnstable in October, 1883. Locating in Provincetown, he has become fully identified with its public interests, holding official positions in the church and the public library. He has been elected special commissioner, one of the commissioners of insolvency, and has been appointed trial justice. Since 1886 he has edited the Provincetown Advocate, as noticed by Mr. Swift in Chapter XIII.
F. H. Lothrop.—The present register of probate and insolvency, is Freeman Hinckley Lothrop of Barnstable, who was born in this village, April 6, 1842. His father Ansel Davis Lothrop7, born 1812, was a son of James Scudder Lothrop6, (Isaac5, General Barnabas4, Barnabas3 born 1686, Captain John2 born here 1644, Rev. John Lothrop1). This illustrious ancestor, Rev. John Lothrop, was born in 1584 and in 1605 graduated from Queen's College, Cambridge, and in 1609 received the degree of A.M. He came to Scituate, Mass., in 1634, whence he came to Barnstable in 1639 and here he built a house, where the Globe Hotel now stands. He lived later in the building now occupied by the Sturgis Library, where he died November 8, 1653. His son Barnabas was first judge of probate here, and another son Joseph, also an ancestor of Freeman H., was the first register of probate and register of deeds. While his family name thus comes from one of the pioneers of old Mattacheese, the mother of Freeman H.—Ruth Hinckley—was a lineal descendant of Plymouth Colony's last illustrious governor, and for two hundred and fifty years the two families have been prominent factors in this town and village.
Freeman H. received his early education in the private and public schools of his native village, and at the age of sixteen started "before the mast" on a merchant voyage to Australia and the East Indies. He afterward made another voyage to Liverpool and Calcutta, return-
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ing just after McClellan's defeats in the Peninsula and in season to answer Lincoln's call for nine months' troops. While exempt from military duty, as a seaman in actual service, and before liberal bounties were paid, he volunteered as a private in August, 1862, and on September 12th was enrolled in Company D of the Forty-fifth Massachusetts Infantry. He followed the fortunes of the regiment and participated in the battles of Kinston, Whitehall and Goldsboro', in the first of which he was slightly wounded but not disabled from duty. After that battle he was made a corporal of the company, and was honorably discharged in July, 1863, with the regiment. In September of that year, Mr. Lothrop applied for and obtained a position as master's mate in the navy and was ordered to the Brooklyn Navy Yard for instruction. He was finally ordered to the United States Steamer Agawam, Alexander C. Rhind, commander, for service in the James river, and participated in an engagement at Four Mile Creek in July, 1864, and was in James river at the time of Grant's movements against Petersburg and on the banks of the James. He was promoted to acting ensign in December, 1864. In April, 1865, the Agawam being then at Newberne, N. C, news was received of the surrender of General Lee, and Mr. Lothrop, considering the fighting at an end, immediately tendered his resignation which was accepted in May, 1865. In June following, Mr. Lothrop was married to Hettie Freeman, daughter of Alvah Holway of Sandwich, a member of the Society of Friends. They have had four children : William Freeman, born in September, 1886; Ruth Hinckley, born July, 1868 (married Nath'l B. H. Parker of Hyannis); Joseph Henry, born June, 1870, and Bertha Warren, born in February, 1884, the latter being their only child now living.
In 1886, Mr. Lothrop was offered a position as railway postal clerk between Boston and Orleans, which position he held till September, 1872, when he resigned that office and was soon after called to act as assistant treasurer of the Barnstable Savings Bank, then one of the largest in southeastern Massachusetts. In 1881 he left his position in the bank to accept an appointment to the office of register of probate and insolvency for his native county, to which position he was soon elected and by re-elections has since continued to fill. While in the savings bank he became much interested in reading law, and after studying under the instruction of H. P. Harriman, Esq., was admitted to the bar, April 11, 1884.
As an attorney he gives his attention only to such office practice as does not interfere with his official duties, and the able and faithful discharge of his responsible trust as a record officer has been recognized and appreciated by the public which he serves. History has repeated itself, and to-day we find him carefully con-
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tinuing the probate records which an ancestor with remarkable skill and care began as early as 1693.
William P. Reynolds, of Hyannis, was admitted to the bar April 5, 1887. He is a native of Oseola, Tioga county, Pa., where he was born in 1859. There and at Willsboro, Pa., he received his early education and at twenty years of age graduated from Cook Academy, Havanna, N. Y. He entered Amherst College in 1880 and after three years came to Barnstable and resumed the study of law with Judge Joseph M. Day. He taught the Hyannis high school from 1884 to 1888, prosecuting his professional studies during the interim, and until he was admitted to practice in the courts of the Commonwealth. Mr. Reynolds is now the superintendent of schools for Barnstable, and since early in 1889 has been associate editor of the Cape Cod-Item.
Hon. Henry A. Scudder.—In the village of Osterville, where the waters of Vineyard sound wash the southern shore of Cape Cod, a son was born, on the 25th of November, 1819, to Josiah and Hannah (Lovell) Scudder. They gave to him the name of Henry Austin, and the Commonwealth knows him to-day in her political and judicial history as Judge Scudder of Barnstable.
The family name became a part of New England's history in 1635, when John Scudder, who was born in England, came to Charlestown, Mass. In 1640 he removed to Barnstable, where he was admitted a freeman in 1654, and where he died in 1689, leaving a wife, Hannah, and several children. His sister Elizabeth, in 1644, married Samuel, son of Rev. John Lothrop, and removed from Boston to Barnstable the same year. John Scudder, son of John and Hannah, was born in Barnstable. In 1689 he married Elizabeth, daughter of James Hamblin, and afterward removed to Chatham, where he died in March, 1742, and she in the January following. Their son Ebenezer, born in 1696, at Barnstable, married Lydia Cobb in 1725, and died in 1737. Their son Ebenezer, born in Barnstable in 1733, married Rose Delap in 1759, and died June 8, 1818. Their seven children, including Judge Scudder's father, were: Ebenezer, born August 13, 1761; Isaiah, born January 8, 1768; Asa, born July 25, 1771; Elizabeth, born October 12, 1773; Josiah, born November 30, 1775; James D., born October 27, 1779; Thomas D., born January 25, 1782. Of this generation, the youngest was a merchant, Josiah was a farmer, and the other sons followed the sea and became captains.
The children of Josiah Scudder were: Puella L., born December 3, 1800, married George Hinckley, and died August 30, 1885; Josiah, a merchant, born February 12, 1802, married first Sophronia Hawes and second Augusta Hinckley, and died December 29, 1877; Freeman L., a merchant, born March 16, 1805, married Elizabeth Hinckley, and
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died December 3, 1832; Zeno, born August 18, 1807, with whose political and professional career the reader is already familiar; Persis,born August 14, 1810, married Joseph W. Crocker, and died April 24, 1844; Edwin, merchant, born September 23, 1815, married Harriet N. Phinney, and died May 25, 1872; Henry A. Scudder, the subject of this sketch, the youngest and the only survivor of the family.
At an early age Henry A. entered the common schools of his native village, and there gained the rudiments of an education. He then followed the example of most of the boys of his acquaintance and went to sea, commencing as he supposed his life work. Not being physically strong, however, and finding that the habits and duties of this life were uncongenial to him, he returned to his home after a period of about one year. He afterwards began a course of study in the Hyannis Academy, his apparent purpose being to qualify himself as a teacher. With this object in view, he continued his studies, teaching from time to time as occasion offered. During this period, through the influence and advice of his teachers, he became greatly interested in the languages and mathematics, and naturally conceived the desire for a college course. Having fitted himself for this he entered Yale College, where he graduated in 1842. He then studied law at Cambridge, was admitted to the Suffolk bar in 1844, and commenced the practice of his profession in Boston, where his wide acquaintance with the people of and from Cape Cod became a pleasure and a source of profit to him.
By 1857 he had won an unquestionable position at the bar. On June 30th of that year he married Nannie B., daughter of Charles B. Tobey, of Nantucket, and became a resident of Dorchester, still continuing his business relations with Boston. Four years later the people of Dorchester expressed their appreciation of their adopted citizen by giving him a seat in the Massachusetts legislature, where he faithfully served the district and the Commonwealth three consecutive years. In 1864 he was a member of the national convention which renominated President Lincoln. In 1869 Governor Claflin promoted him to the bench of the superior court of Massachusetts. In 1872 severe ill health obliged Judge Scudder to resign this office. Since that time he has resided a portion of his life abroad, and has now made Washington his winter home, and his old abode, at Willow Dell, in the village of Marston's Mills, his favorite summer resort.
During more than a quarter of a century, by his activity and uprightness as a lawyer, he impressed the bench and the bar with his keen sensitiveness on questions involving honor, justice and right. Like his brother, Zeno, he believed it ever the duty of the lawyer to add something to the good reputation of the bar. In 1882, when Governor Long tendered him the office of judge of the probate court
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for Barnstable county, he declined the position for the same physical cause which compelled his resignation from the bench of the superior court ten years before; a cause so cruel and relentless that it has allowed no respite from that day to the present moment—a misfortune which, although blighting the fairest prospects, has not disturbed the genial spirit of the man; and which it is but justice to Judge Scudder to say he has borne with the greatest fortitude and patience.
Frederick C. Swift was born in Yarmouth, December 13, 1855. He graduated in the Yarmouth high school, read law for three years in the office of Judge Joseph M. Day, and was for two years in the law school of Boston University. He was admitted to the Barnstable county bar in October, 1880, and opened an office in Yarmouth Port. In 1889 he formed a connection with the law firm of Blackmar& Sheldon, 246 Washington street, Boston, reserving one day in the week for Yarmouth clients. In 1880 and 1881, in the absence of his father, C. F. Swift, in the legislature, he was in the editorial charge of the Yarmouth Register. In 1883 he was elected a commissioner of insolvency for Barnstable county, and was twice re-elected. He is also a director of Barnstable County Mutual Fire Insurance Company, secretary of the agricultural society and a member of the board of trustees of the Yarmouth library.
Ebenezer Stowell Whittemore, a member of the Barnstable county bar, from Sandwich, was born at Rindge, N. H., September 4, 1828. While a child, his father, with his family, removed to Illinois. At Elgin and Kalamazoo, he prepared for admission to the University of Michigan. After leaving the university, he entered the Dane Law School, at Cambridge, where he took the degree of LL.B. in 1855, after which he entered the office of C. G. Thomas of Boston, with whom he studied two years. On October 7, 1857, he was admitted to the bar in Suffolk county, on motion of Rufus Choate, and July 19, 1858, he opened an office in Sandwich, where he now (1889) resides. For fifteen years, also, he had an office in Boston. He has held the important position of trial justice of the county of Barnstable for thirty years. He has also held the office of county commissioner for nine years. In 1863 he was nominated for representative by the republicans of the district, but declined. Governor Andrew appointed him in 1862 commissioner to superintend drafting for the county of Barnstable. Mr. Whittemore has always identified himself with the educational and social features of his adopted home. He is an active and welcome addition to our Cape Cod Historical Society, of which he is the vice-president, and has contributed to its proceedings several valuable papers. He has written and delivered numerous lectures and essays for literary societies, and has often been called upon to preside over social, business and literary gatherings, where his urbanity and knowl-
220 BENCH AND BAR.
edge of the proceedings governing public bodies have been of great advantage and importance.
The Law Library Association.—Under the statute providing that the attorneys of any county in the Commonwealth may organize as a law library association, such a step was taken by the Barnstable county lawyers early in 1889, and their by-laws were approved at Barnstable by Judge Sherman at the April term of the superior court. Prior to that time the library consisted only of the Massachusetts reports and documents, but in July, 1889, Hon. Henry A. Scudder presented to the association his valuable private law library, which is the nucleus of a collection to be gathered, which will be a credit to the bar and the county. The officers of the association are : Freeman H. Lothrop, librarian; James H. Hopkins, treasurer; and T. C. Day, clerk.
District Courts.—In March, 1890, an act of the legislature abolished the trial justice courts in the county of Barnstable and established two district courts. The first district court of Barnstable has jurisdiction in the towns of Barnstable, Yarmouth, Mashpee, Sandwich, Bourne, and Falmouth, of all civil cases wherein the damages claimed do not exceed three hundred dollars, and of all criminal offences not punishable by imprisonment in the State's Prison. The second district court of Barnstable has jurisdiction over like actions and offences in the towns of Dennis, Harwich, Orleans, Chatham, Brewster, Eastham, Wellfleet, Truro, and Provincetown. The first district court holds a daily session once a week at Bourne, and at other times at Barnstable. The second district court sits daily once a week at Harwich, and at other times at Provincetown.
Each court has a presiding justice receiving an annual salary of $1,000, and two special justices. The justices hold office during good behavior. The first sessions of the new courts were held on the first Monday of May, 1890. Governor Brackett appointed Wm. P. Reynolds of Hyannis, and James H. Hopkins of Provincetown, justices of the two courts respectively.
By George N. Munsell, M.D., of Harwich.
Introduction.—Barnstable District Medical Society.—Sketches of Physicians Past and Present.—Medical Examiners.
THE history of the medical profession of Barnstable county now covers a period of nearly two centuries, and the space allotted us, will not permit of long biographical sketches, but rather of dates and locations, so far as we have been able to obtain them. The members of the medical profession have been composed largely of prominent men, not only noted for their skill as physicians, but oftentimes coming to the front and taking an active part in the public affairs of the town, county and state. Many of them have been men of sterling worth, whose discretion and wisdom, combined with an extensive knowledge of human nature, have rendered them important factors in the great progressive questions of the day. Some of these we refer to in this chapter, while many others we are obliged to notice, only in brief, from the unfortunate fact that we have been unable to obtain the necessary information, and while we present to the reader a long list of honored names of those who have, during the past two hundred years, graced the medical profession, yet we feel that we have been obliged to leave unmentioned many a hero in the great arena of practical medicine, whose mission through life may have brought joy and comfort to many a suffering one, and though his name may not be written in the annals of the past, yet an honored record may be his, in the fact, that he blessed humanity.
The present membership of the Barnstable District Medical Society numbers twenty. In alphabetical order with the place of residence and year of admission the list stands thus: William S. Birge, Provincetown, 1883; Charles H. Call, Brockton, 1886; Thomas R. Clement, Osterville, 1874; Samuel T. Davis, Orleans, 1880; George W. Doane, Hyannis, 1846; Robert H. Faunce, Sandwich, 1884; Benjamin D. Gifford, Chatham, 1869; David R. Ginn, Dennis Port, 1878; Edward E. Hawes, Hyannis, 1887; Chauncey M. Hulbert, South Dennis, 1854;
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George W. Kelley, Barnstable, 18S4; Horatio S. Kelley, jr., Dennis Port, 1884; George N. Munsell, Harwich, 1860; Adin H. Newton, Provincetown, 1874; Franklin W. Pierce, Marston's Mills, 1880; Peter Pineo, Boston, 1850; Samuel Pitcher, Hyannis, 1881; John E. Pratt, Sandwich, 1880; Frank A. Rogers, Brewster, 1883; William N. Stone, Wellfleet, 1869.
Dr. Samuel Adams was a physician of Truro before the revolutionary war. He was born in Killingly, Conn., in 1745, studied medicine under Dr. Nathaniel Freeman of Sandwich, and went to Truro, where in 1774, he was appointed one of the committee of correspondence. He was an ardent patriot, and when the conflict began he entered the service as a surgeon, serving through the war with distinction. Upon leaving service, he settled in Ipswich, where he engaged in the practice of his profession until 1798, when, marrying Abigail Dodge, he removed to Bath, Me., where he continued to practice until his death in 1819. Doctor Adams was a man of ability, and was highly respected in the communities where he successively resided. That he was twice married is certain. His first wife, Abigail, died July 8, 1774, in her 24th year, at Truro, where a stone marks her resting place, and that of her infant child, who died July 31, 1774, aged four weeks. Dr. Adams had several children. His son, Rev. Charles S. Adams, was once pastor of the Congregational church in Harwich.
George Atwood practiced at Marston's Mills for two years prior to 1850, when he removed to Fair Haven.
Dr. Josiah Baker was a native of Tolland, Conn., and practiced medicine in South Dennis, where he died December 7, 1810, aged 31 years.
Dr. Isaac Bangs, born in that part of Harwich now Brewster, December 11, 1752, a son of Benjamin and Desire Bangs, graduated at Harvard College in 1771 and studied medicine. He entered the revolutionary army as lieutenant in Captain Benjamin Godfrey's company in 1776, and afterward was a lieutenant in Captain Jacob Allen's company in Colonel John Bailey's regiment, in service at New York. In 1779, he was doctor's mate on board the frigate Boston, Samuel Tucker, commander. He died September 12, 1780, in Virginia. He left some account of his service in the first years of the revolutionary war in manuscript.
Dr. Jonathan Bangs was an early physician of Harwich, residing in that part of the town now Brewster. He was son of Captain Edward Bangs of Harwich, and was born in 1706. He was in practice in the town as early as 1731. He died December 7, 1745, after three weeks' sickness, aged 39 years. He married widow Phebe Bangs, January, 4, 1732-3, and left one son, Allen.
223 MEDICAL PROFESSION.
J. W. Battershall, M.D., was a graduate from the College 'of Physicians and Surgeons in New York city in 1874. He was for three years surgeon in the British emigration service between London and Australia. He located at Yarmouth Port in 1870 and practiced medicine there two years, when he removed from the Cape.
William S. Birge, M.D., born in 1857 at Cooperstown, N. Y., is a son of D. L. and Amey (Spafford) Birge. He took a two years' academic course at the University of the City of New York, then studied medicine at the Long Island College Hospital, Brooklyn; at the medical department of Syracuse University and at the medical department of the University of the City of New York, where he was graduated in 1881. He practiced in Truro two years then came to Provincetown. He is a member of the Massachusetts Medical Society, and medical examiner for this district. For a time he was acting assistant surgeon in the United States marine service. He married Ella F., daughter of Zemira Kenrick.
Albert F. Blaisdell, M.D., was born in Haverhill, Mass., about 1847. He graduated from Dartmouth in 1869 in the class with Judge Harriman. He studied medicine at Harvard, and is now located at Providence, R. I. He was at one time teacher at Chatham and afterward taught school and practiced medicine in Provincetown before his removal from the Cape. He is author of several school text books and is now largely interested in educational work.
Dr. Benjamin Bourne, son of Timothy and Elizabeth Bourne, was born January 25, 1744, graduated from Harvard College in 1764, and married Hannah Bodfish. He had a large family, and left to them a large property. He was among the early practitioners of Sandwich.
Dr. Richard Bourne was a physician at Barnstable. He was born in that town November 1, 1739, and was a son of Colonel Sylvanus Bourne. He was well educated, but can claim no notice as a physician of importance. He will be remembered as the first postmaster at Barnstable. He died April 25, 1826, aged 86 years. The late Amos Otis, in his genealogical notes, has given an interesting and amusing account of him.
Dr. Eleazer C. Bowen resided in Marston's Mills from 1857 to 1860, and was succeeded by Dr. John E. Bruce from 1860 to 1862.
Dr. Nathaniel Breed was a physician of Eastham, residing in that part now Orleans. He married Anna, daughter of Thomas Knowles.
C. H. Call, M.D., was born in Warner, N. H., October 15, 1858, graduated from Harvard Medical College in 1881, and commenced the practice of medicine in Lowell, where he remained from June to August, 1881. From Lowell he went to Vermillion, South Dakota, where he resided until February, 1885, when he removed to South Yarmouth.
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Dr. Elijah W. Carpenter was a successful physician of Chatham. He was born in Upton, Mass., January 31, 1814. He studied medicine at Boston under Dr. Perry, and came to Chatham about 1838, and settled. He married Mary H., daughter of Joshua Nickerson, Esq., and had four children. He removed from Chatham to Brooklyn, N. Y., and died there September 1, 1881, aged 67 years.
Dr. Chamberlain practiced medicine in West Barnstable about 1840, and was succeeded by Dr. Apollos Pratt for a few years.
Thomas R. Clement, M.D., was born March 19, 1823, in Landaff, Grafton county, N. H. He received his early education in the public schools of his native town and at Tyler's Academy, in Franklin, N. H. He studied medicine with Dr. Mark R. Woodbury, finishing with Dr. S. G. Dearborn, of Nashua, N. H. Graduating from the medical department of Burlington University (Vermont) in 1863, he began his medical practice in Mason, N. H. He was assistant surgeon in the Tenth New Hampshire regiment and held other government appointments until 1868. He practiced at Enfield, N. H., and in 1872 came to Centreville, two years later removing to the adjoining village of Osterville, where he has merited and secured a fair practice.
Dr. Daniel P. Clifford was a son of Samuel Clifford of Enfield, Mass., and for nearly fifty years practiced medicine in Barnstable county. His wife was Betsy Emery. The doctor has descendants living in several of the Cape towns. Benjamin F. Clifford of New York, and Samuel D Clifford of Chatham Port, are his sons. Mrs. George W. Nickerson, the mother of Mrs. Judge Harriman is Doctor Clifford's daughter. The doctor died at Chatham, September 23, 1863, aged 77 years. He was a man of considerable literary ability, and held a conspicuous place among the physicians of his time.
Dr. Aaron Cornish was born in Plymouth, Mass., in 1794, practiced medicine in Falmouth from 1820 to 1854, and died in New Bedford, April 7, 1864.
Dr. Samuel T. Davis, born August 4, 1856, at Edgartown, Mass., is a son of Samuel N. and Adaline N. Davis. At the age of fifteen he left the public schools and attended Mitchell's Family School for Boys two years. He commenced the study of medicine in 1875, with Dr. Winthrop Butler, of Vineyard Haven, Mass., taking two winter courses (1875-6 and 1876-7) in the College of Physicians and Surgeons, New York city, graduating in February, 1878, from Bellevue Hospital Medical College. From December, 1877, to June, 1879, he was assistant house physician and house surgeon in Seamans' Relief Hospital. He was acting assistant to the Northwestern Dispensary for five months, and in July, 1879, came to Orleans, where he is still practicing. He is a member of the state medical society and was elected president of the Barnstable district society in May, 1889.
225 MEDICAL PROFESSION.
Dr. John Davis was a physician in Eastham, now Orleans, after the close of the revolutionary war. He was born in Barnstable, October 7, 1745, and was a son of Daniel Davis. He united with the South church in Eastham, June 15, 1783. He removed to Barnstable, and was appointed judge of probate in 1800. By his wife, Mercy, among other children he had Job C, John, Robert, and Nathaniel. He died at Barnstable, May 27, 1825, aged 80 years.
George W. Doane, M.D., the well known citizen and physician of Hyannis, is the eighth in lineal descent from Deacon John Doane, who came to Plymouth soon after its settlement in one of the two ships that followed the Mayflower. In 1633 he was chosen one of the assistants of the governor, and in 1636, with others, was joined with the governor and assistants as a committee to revise the laws and constitutions of the plantation. In 1642 he was again chosen assistant to Governor Winslow, and became a deacon of the Plymouth church before his removal to Nauset or Eastham in 1644. He was forty-nine years old when he arrived at Eastham and lived sixty years after, a prominent and useful citizen of the plantation. The spot where his house stood near the water, is still pointed out.
Deacon Doane's son, John Doane, jr., was appointed in 1663, by the court, a receiver of the excise or duty on the fisheries of Cape Cod. He married Hannah Bangs, and was the father of Samuel, who had three sons, of whom the youngest was Deacon Simeon Doane. Of the four sons of Simeon the eldest also earned the name of deacon and was Deacon John Doane of the last century. The oldest son of this younger Deacon John was Timothy, who was born in 1762 in Orleans, where he was subsequently a banker, bearing the sobriquet of King Doane. His son, Timothy, father of the subject of this sketch, born in 1789, was also a native of Orleans, where he learned the carpenter's trade. In the year 1816 he went to the Penobscot river, near Bangor, Me., and during the winter following he built a vessel, courted his wife, married her, loaded the vessel with lumber, and in the spring returned to Orleans. He called the vessel Six Sisters, that being the number of sisters he then had.
Of such parentage is Dr. George W. Doane, who at the age of fourteen, after several years at Orleans Academy, went to the Brewster High School one year, and in 1842 graduated from the Wesleyan Academy, at Wilbraham, Mass. In 1844 he graduated from the Harvard Medical School, just before the age of twenty-one, and at once began practice in the flourishing village of Hyannis, where he has since been one of its leading business men and where in forty-five years he has become one of the oldest and most experienced physicians on the Cape. In 1846 he became a member of the Massachusetts Medical Society, also that of Barnstable county, of which he 15
226 MEDICAL PROFESSION.
is an ex-president and one of the oldest and most honored members. Since 1882 he has been a medical examiner for the pension bureau and has long been marine hospital physician. The many duties of Doctor Doane forbid his filling any office which would demand much of his time, yet he has been a member of the town school board for many years and is active and prominent in the republican party, taking a deep interest in the body politic.
He is devotedly attached to the social side of life and loves his own pleasant home. He married in February, 1848, Caroline L. Chipman of Barnstable, who died January 27, 1866, leaving one daughter, Miss Hattie S. Doane, who is at the homestead with her father. May 23, 1868, Doctor Doane married Mrs. Susan P. Allen of Lowell, the widow of Doctor Allen, son of the missionary Rev. Dr. D. O. Allen. Her death occurred in Hyannis, May 20, 1889. Doctor Doane has been associated for forty-five years with the citizens of his town, and the county, in all the relations of an active life. As a physician he has been very successful in practice and is highly esteemed by the fraternity. His years of extensive experience and close reading have rendered his advice of great value to his medical brethren in cases requiring careful diagnosis; and his attendance is sought in consultation in his own and neighboring towns.
Dr. David Doane, an early physician of Eastham, Mass., was a son of John and Hannah Doane. He married Dorathy Horton, September 30, 1701, and had sons Jonathan, John, Nathan, Eleazar Enoch, Joshua and David. He died November 18, 1748, and lies buried in the old cemetery at Eastham.
Franklin Dodge, M.D., was born in West Groton, Mass., September 9, 1809, and died in Harwich, July 8, 1872. He prepared for college at the Leicester and Lawrence academies, and graduated at Amherst College in 1834, and from Dartmouth Medical College in 1837. He first practiced medicine in Boston, and came to Harwich in 1838, where he continued in practice to within a few months of his death. His daughter, Susan C, was married to Obed Brooks of Harwich, December 27, 1864. His eldest daughter, Georgianna, married Lewis F. Smith of Chatham, October 1, 1865.
Dr. Hugh George Donaldson, once a prominent physician of Falmouth, was born in London, June 21, 1757, and came to Cape Cod when 19 years of age. At Falmouth he taught school, pursuing his professional studies at the same time with Dr. Weeks. At the time of a great small pox excitement he became convinced of the truth of Doctor Jenner's theory of vaccination and sent to London to that medical benefactor for vaccine virus and was the first to introduce it into practice here. To prove the efficacy of the treatment to those who were incredulous and prejudiced, he placed members of his own
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family in the small pox hospital after vaccinating them. He was much interested in the galvanic battery, then little used. He made one and experimented largely with it in his efforts to obtain knowledge of the wonderful power of electricity over disease. He died in 1814, of a malignant fever which prevailed in Falmouth at that time.
Dr. John Duncan was an early physician in Harwich. He removed to Boston before 1737, and died before 1756. He married Kesiah Baker of Eastham.
Erastus Emery, M.D., was born in Chatham, August 7, 1840, received his early education in the public schools of Chatham, and studied medicine with Dr. M. E. Simmons of Chatham. He graduated from Harvard Medical College in 1869, practiced medicine in Truro, Mass., for nine years, and died in Chatham, at the residence of his father John Emery, the 16th of January, 1878.
Dr. R. H. Faunce, born in 1859, is a son of Joshua T. Faunce. He graduated in June, 1882, from Harvard Medical College, and was surgical house officer in the Free Hospital for Women, at Boston, for a year, when he began practice in Sandwich.
Rev. Benjamin Fessenden, son of Nicholas and Mary (or Margaret) Fessenden was born January 30, 1701, graduated from Harvard College in 1718, was ordained September 12, 1722, and was the first person known in the practice of medicine in Sandwich. He died August 7, 1746.
Dr. William Fessenden was born in Sandwich, September 25, 1732, and settled as physician in that part of Harwich now Brewster before 1759. He married Mehitable Freeman of Harwich, February 24,1756, had nine children, and died November 5, 1802.
Dr. William Fessenden, son of Doctor William, was born in Harwich, now Brewster, and married Pede Freeman in 1807. He had five children. He died at Brewster, June 17, 1815. She died December 9, 1812.
Dr. Oliver Ford first practiced medicine at Marston's Mills, and moved to Hyannis in 1832, where he resided the remainder of his life, in active practice.
Dr. Nathaniel Freeman, an eminent physician of Sandwich, was a son of Edmund Freeman who married Martha Otis, and was born in North Dennis, March 28, 1741-2, where his father was engaged in school teaching. Removing to Mansfield, Conn., with his father's family, he completed his course of medical studies with Doctor Cobb, of Thompson, and returned to his father's native town, and commenced the practice of medicine, where he attained to distinction as a physician and surgeon. Dr. Freeman was a distinguished patriot, and leader of the patriots in the county during the revolutionary period. He died at Sandwich, September 20, 1827. He was three times
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married and was the father of twenty children, one of whom was Rev. Frederick Freeman, the historian.
Dr. Matthew Fuller, the first regular physician in Barnstable, came to this country about 1640. His parents came in 1620, in the Mayflower, leaving him in care of friends. He never saw them afterward as they died soon after their arrival at Plymouth. Doctor Fuller was a man of prominence in the colony. He was surgeon general of the Plymouth forces before and after Philip's war, and was captain in the war. He died at Barnstable, in 1678. He left children. His wife was named Frances and probably came with him to this country. Doctor Fuller resided at West Barnstable.
Dr. John Fuller, son of Dr. Matthew, settled near his father's place at Scorton Neck. He was twice married, and he had three children, one son and two daughters. He died in 1691.
Charles F. George, M.D., came to Centreville and practiced medicine from 1865 to 1872. He then removed to Goffstown, N. H., where he now resides.
Dr. Benjamin D. Gifford, born November 19, 1841, at Provincetown, is a son of Simeon S. and Marinda A. (Dods) Gifford. He attended Westbrook Seminary, Maine, and Englewood school, New Jersey, graduating from the classical department of Madison University, New York, in 1864 and from Albany Medical College two years later. He practiced in Fond-du-lac, Wis., two years, in Gloucester, Mass., two years and in 1871 came to Chatham, where he has since practiced.
David R. Ginn, M.D.—The first of this name who came to the continent from England was Edward K. Ghen. He settled in Maryland last century, rearing three sons, one of whom remained in Maryland, one removed to Provincetown and one to Maine, where the subject of this sketch was born May 1, 1844, at Vinalhaven. From the age of eight he was more or less on the sea until 1865. When nineteen years of age he enlisted in the Union army in the Second Maine Cavalry, Company E, and after nearly two years was transferred to the navy where he served under Farragut in the capture of the forts of Mobile bay. He was discharged in 1865, returned home, and commenced his professional studies. After a suitable education at Oak Grove Seminary he entered in 1869 at Harvard, where he graduated in medicine February 14, 1872. In November, 1873, he came from Martha's Vineyard to Dennis Port and began practice. His business success, the erection of fine blocks in Dennis Port, are fully mentioned in the history of that village. In 1884 he erected in Harwich, near Dennis Port, his fine residence which, with his block of stores, is the subject of an illustration in the proper connection. Since locating here the doctor has gained a large practice in his own and
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adjoining towns, requiring three horses and two carriages to enable him to satisfy the calls. He is a member of the Massachusetts Medical society and of the Barnstable district, and occupies a prominent position in the profession.
He was married January 8, 1885, to Annie E. Chase, daughter of Darius and granddaughter of Job Chase. His children are: Lucy Lillian, James Richard, and David Clifton. His professional duties forbid the acceptance of civil trusts but he finds time for those social enjoyments pertaining to his family, the Lodge and the Baptist church. In his profession, his business and his republican principles he steadily maintains that perseverance which has assured him the present measure of success.
Willis Webster Gleason, M.D., was born in Chelsea, Mass., May 29, 1853, and graduated from Boston Medical University in 1877. He practiced medicine in Gardner, Mass., one year, and then moved to Provincetown continuing in practice there until 1889, when he moved to New York where he is now located. While a resident of Provincetown he was medical examiner for two years, and Marine Hospital surgeon for one year.
William B. Gooch, M.D., was born in Maine, and graduated at Brunswick Medical College. He practiced for many years at North Yarmouth, Maine. Leaving there, he was appointed American consul at Aux Cayes, and leaving that position about 1843 he came to South Dennis, where he practiced until 1851, when he removed to Lowell. In 1853 he went to California, and returned to South Dennis in 1854. In 1855 he moved to Truro, where he died June 29, 1868, aged 72 years, and his remains were buried in South Dennis.
Dr. Charles Goodspeed was born in June 1770, and practiced medicine for many years in Hyannis and vicinity. He died in Sandwich March 29, 1848, and was buried in Hyannis. His son was Captain Charles Goodspeed who resided where the Iyanough House now stands.
Samuel H. Gould, M.D.—This eminent physician, who for nearly four-score years practiced successfully in Brewster and the adjoining towns, was born at Ipswich, December 19, 1814. His school days in his native town were supplemented by a course of training in Topsfield Academy and at Bradford, after which he taught with good success in the public schools of Methuen, Hamilton and Wenham. Subsequently he turned his attention to the science which was to become his life study and the art which was to be his life work. After studying medicine with Dr. Nathan Jones and Dr. E. N. Kittridge in Lynn, he graduated from Bowdoin Medical College in 1839, and located in Eastham in 1840. Remaining a few years there, he settled at Brewster in 1844, where he resided and practiced until his death, August
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25, 1882. Here he occupied a prominent position in his profession, and in the social and civil relations of life. He was elected in 1867 to represent his district in the legislature, and was re-elected in 1868. He served the town eleven years as town clerk and treasurer, and for many years was chairman of the school board. Years ago, when many of the savings banks in the state closed their doors, he, being a director in the Harwich Institution of savings, assumed, by earnest request, its presidency in its most trying time, and to him was accredited its escape from embarrassment.
In his profession he was a constant attendant upon the meetings of the District Medical Society, of which he was an early and valued member ; and as a careful practitioner and counselor was highly esteemed. These professional calls were not the only blessings he conferred upon the sick. His pastor, Rev. Thomas Dawes said of him after his death: He was a man who looked beyond himself, and thought a devoted mind and religious faith essential to his patients; and possessed those qualifications that secured the confidence of men. At his funeral his pastor was constrained to confess the doctor's great help to him in the sick-room. Doctor Atwood, of Fairhaven, said: Doctor Gould presents a character eminently worthy of commendation, for in whatever situation in life he was placed his influence was always on the side of progression—in action, in morals, and every cause tending to the elevation of mankind. By those who knew him best in the social, daily round of life, his individuality, ready sympathy and usefulness will be longest remembered. The marked feature of his character around which a halo of light will ever cluster, was his loving kindness in the scenes of suffering to which his duty as a physician, neighbor and friend called him. He ministered alike faithfully to the poor and the rich, and the poor who knew him well can best fathom the depth and fulness of his generosity. To a friend he was a never failing adviser and helper, and in his honesty could endure no shams. At his death the profession lost a careful practitioner, his family a devoted husband and father, the community a valuable citizen, and this world lost one of the world's true noblemen.
Doctor Gould was a representative of a long line of worthy ancestors, the first to New England being Zaccheus, who settled near Salem in 1638. The male line of descent from this first comer, was John, Zaccheus, John, John, to Amos, the father of the subject of this sketch. Amos Gould married, in 1797, Mary Herrick, of whose nine children the sixth was Dr. Samuel H. Gould, who married, November 25, 1840, Abigail S., daughter of Moses Foster of Wenham. Her father was a sea captain thirty years in the merchant service. Of his seven children the only son was killed by a
231 MEDICAL PROFESSION.
fall from the mast, and besides Mrs. Gould one older daughter, Mrs. Harriet Haskell, survives.
Doctor Gould had three children : John E., born October 2, 1842, who died at the age of four years; Charles E., born July 9, 1849, who married M. Addie Davis of Wenham, and has one child—Susan C.; and George A. Gould, born February 25, 1854, who married Ellen M. Cook of Lowell, and who also has a daughter named Abigail M. Gould. The widow of Doctor Gould occupies the homestead at Brewster.
Solomon F. Haskins, M.D., was born in Prescott, Mass., September 8, 1858. He moved to Orange when a small boy and there received his early education; entered Dartmouth Medical College in 1876, graduating in 1879, and was one year in the University of Michigan under special instruction from Prof. E. S. Dunster. He came to Yarmouth in 1880, and remained there in practice four years, then removed to Hudson to engage in the drug business. In 1888 he removed to Orange, where he is now practicing.
Dr. Edward E. Hawes, druggist and physician at Hyannis, was born in Maine, in 1862, and was educated at Pittsfield, Me., and at Bowdoin College. After a course in medicine at New York he took his degree at the Vermont State University in 1886.
Dr. James Hedge practiced medicine and was succeeded by Dr. George Shove.
Dr. Abner Hersey, a very eminent physician and surgeon of Barnstable, was born in Hingham, in 1721, came to Barnstable in 1741, and commenced the study of medicine with his brother James, whom he succeeded in 1741. In a short period he commanded an extensive practice which never decreased during his lifetime. He married Hannah Alien of Barnstable, October 3, 1743, and died January 9, 1787. By will, Doctor Hersey gave five hundred pounds, "for the encouragement and support of a professor of physic and surgery at the University in Cambridge, and a number of books for the library." He kindly remembered the thirteen churches of the Congregational order in Barnstable county, by giving them the use and improvement of the remainder of his estate, forever, after the decease of his wife, and the payment of the legacy to Harvard University. The late Amos Otis has said of him: " Forgetting his eccentricities, he was a most skilful physician, a man whose moral character was unimpeached, of good sense, sound judgment, a good neighbor and citizen and an exemplary and pious member of the church."
Dr. James Hersey was born in Hingham, Mass., December 21, 1716, and settled in Barnstable before 1737. He was twice married His first wife was Lydia, daughter of Colonel Shubael Gorham by whom he had a son, James. His second wife was Mehitabel, daughter of
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John Davis, Esq., by whom he had a son, Ezekiel. Doctor Hersey was a very skilful physician, and had an extensive practice in the county. He died July 22, 1741.
Dr. Thomas Holker was a practitioner of note in Wellfleet early in the last century, Nothing is known of his history except that he was an Englishman of learning and ability who practiced in the town and vicinity and was much respected. He was buried in the old burying ground at the head of Duck creek prior to 1765, for tradition says that when the addition to the church was made that year, it extended over his grave.
Dr. Nathaniel Hopkins, son of Prence and Patience Hopkins, was born in that part of Harwich now Brewster, January 27, 1760. He studied medicine and settled in East Brewster. He was a physician of standing and was prominent in the movement to divide the town in 1803. He was the first clerk of the Baptist church in Brewster, of which he was one of the first members. He married Ann Armstrong of Franklin, Conn., in 1799, and had ten children; eight sons and two daughters. Only two children settled in Brewster. Joseph Hopkins, the fourth son, settled in Mount Vernon, Me., where he died a few years since. Doctor Hopkins died at East Brewster, March 26, 1826.
Dr. Thomas Hopkins, son of Dr. Nathaniel Hopkins, was born in Brewster, in 1819, and studied medicine at Philadelphia. He practiced his profession a short time in his native town, then removed to Scituate, Mass., where he practiced many years; but failing health compelled his return to his native town and giving up professional work. He was somewhat eccentric, but was a thoroughly good man, respected and honored. He died suddenly, November 28, 1878.
Dr. Zabina Horton settled in Dennis as a physician before the present century. He died November 14, 1815.
Chauncey Munsell Hulbert, M.D., is one of the oldest living practitioners of this county. He was born in East Sheldon, Franklin county, Vt., on the ninth of November, 1818, and received his education at Johnson Academy. His studies were vigorously prosecuted with Dr. Horace Eaton, governor of Vermont, and subsequently a professor in Middlebury college. He attended lectures at Pittsfield, Mass.. completing the medical course at Woodstock, Vt., where he graduated in 1844. He commenced practice at Franklin, Vt., but after two years removed to East Berkshire in the same state. In 1852 he came to South Dennis, where he has since practiced his profession successfully. His ride has been extensive and his long ripe experience has made his services valuable. He is a member of the State Medical Society; has been president of the Barnstable district, and for the past fifteen years its treasurer.
In 1845 he married Lovina Paul, who died in 1865. Their son,
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Munsell P., died September, 1851, aged two years. He was married in 1869, to Mrs. Lydia N. Chase, a widow with two daughters. The second wife died in 1885. Her only surviving daughter married Willis G. Myers, of Portsmouth, N. H., with whom and their two children the doctor continues the most affectionate relations.
Of him a brother in the profession says: The doctor is a practical man and has no patience with subtle theories, but keeps steadily along the well-beaten and reliable path of his profession, using every well established practice. His penchant for the practical side of his profession is illustrated at every meeting of the district society where he has a case to relate concerning his own treatment, on which he solicits the opinion of his confreres. He has a high appreciation of humor and wit, and no one of the Barnstable society adds more piquancy and humor to the after-dinner sociability. The results of his experience are always sought by the younger members of the profession, and he most sympathetically enters into their hopes and plans. He is a typical physician, full of zeal for the success of his labors, and is actuated by the highest Christian principles.
Dr. Samuel Jackson resided in Barnstable.
Dr. Thomas P. Jackson practiced medicine in Harwich and afterward at Marston's Mills from 1843 to 1845. He died in Italy.
Dr. F. H. Jenkins has practiced medicine for many years in West Barnstable, where he now resides.
Leslie C. Jewell, M.D., was born in Wales, Me., April 20, 1852, received his academic education at Bates' College, Lewiston, Me., and graduated in medicine at Boston University in 1876. He then settled in Cape Elizabeth, Me., where he practiced till 1881, when he removed to Chatham, Mass., and remained in active practice there nearly seven years. He is practicing now at Auburn, Me.
Ellis P. Jones, M.D., was born in Brewster, January 24, 1853, was educated in the University of Vermont and graduated July 15, 1889. He then located in Orleans, where he formerly resided, and commenced the practice of medicine.
Luther Jones, M.D., was born in Acton, Mass., in 1817. He commenced the practice of medicine in South Yarmouth in 1846, where he was married in 1847. Later, on account of ill health, he went to California, where he died in 1862. Millard Jones, of Yarmouth, is his son.
G. Wallace Kelley, M.D., was born November 7, 1856, at Newburyport, Mass. His early education was in Newburyport High School, and June 26, 1878, he was graduated from Harvard Medical School. He began practice at the New York Hospital in 1879, and located in Barnstable in November, 1883, where he now resides and enjoys a fine practice.
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Horatio S. Kelley, jr., M.D., was born July 24, 1854, in Dennis. He is a son of Horatio S. and grandson of Nehemiah Kelley. His mother was Olive, daughter of Doane Kelley. Dr. Kelley was first educated in the schools of his town, then entered his father's store, where he remained until 1880, studying medicine in the meantime. In 1880 he went to the Boston University Medical College for a short time, in 1882 entered College of Physicians and Surgeons at Boston, and in 1883 went to University Medical College of New York, where he graduated in 1884, beginning practice as a physician at that time. Doctor Kelley, with Doctor Hulbert, built a store at West Dennis in 1885. He purchased Doctor Hulbert's interest in 1888, and still continues the business.
Dr. Jonathan Kenrick, youngest son of Edward and Deborah Kenrick, was born in that part of old Harwich now South Orleans, November 14, 1715. His father was a trader, and the first of the name who settled in the town. Doctor Kenrick married Tabitha Eldridge, of Chatham. His career as a physician was short. He died July 20, 1753, and lies buried in the old cemetery at Orleans, where a slate stone with inscription marks the place of his sepulture. It is said he was " a learned, amiable man and an eminent physician." He left three children: Samuel, Anson and Jonathan. His house stood but a few feet from the house of Seneca Higgins.
Dr. Samuel Kenrick, eldest son of Doctor Jonathan, was born in 1741, studied medicine with Dr. Nathaniel Breed of Eastham, and settled upon his father's place. He had a large field of labor, and was a successful practitioner. He attained, it is said, a high eminence as a physician in this section of the county. He died February 10, 1791. He married Esther Mayo of Eastham, and had seven children. The sons were Samuel, Jonathan (father of the present Alfred Kenrick, Esq., of Orleans) and Warren Anson, who studied medicine and settled in Wellfleet, where he died February 10, 1808, aged 44 years. Dr. Samuel Kenrick lies buried in Orleans, where a stone with inscription marks the spot. His widow, Esther, died in January, 1827, aged 86 years.
Leonard Latter, M.D., born in 1843, in Sussex, England, is a son of Leonard Latter, and he passed the London College of Pharmacy and was a drug clerk in England, ten years, and came to Barnstable county in 1869. He entered a medical college in Maine and after one term there, went to the Detroit Medical College from which he graduated in 1875. After a short practice in Michigan and in Iowa, he returned to Barnstable county, locating at Monument Beach in 1883, where he still practices. He was married in 1886 to Mrs. Margaret W. Bradbury.
Doctor Jonathan Leonard, an eminent physician of Sandwich, was
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born in Bridgewater, Mass., February 17, 1763, and graduated at Harvard College in 1786. He settled in Sandwich about 1789. He was a member of the Massachusetts Medical Society. He died January 25, 1849, aged 86 years. He married Temperance Hall, May 10, 1796, and he had five children.
Jonathan Leonard, M.D.,* was the son of the above mentioned Dr. Jonathan Leonard. He was born in Sandwich January 7, 1805, was educated in the Sandwich Academy and at Harvard. Choosing medicine as a profession he commenced practice with his father in 1827, and continued in practice up to a short time before his death, January 29, 1882.
A friend writes of him as follows : "A brow on which every god did set his seal to give the world assurance of a man." For many, many years the most striking figure in all our town was Doctor Leonard. Highly educated, the son of a famous physician and himself a graduate of Harvard Medical School, he at once took a leading position in his native town, not only as a man, but as a physician and surgeon. Who that ever saw him in his later years and conversed with him can forget his appearance and the impression he left behind —that glorious head of white hair, the serene, yet withal, kindly and intellectual expression of the face, the erect form, the firm set mouth, the quick and penetrating glance of the eye, all marked him as a man highly gifted by nature and of great intellectual ability.
As a professional man he was highly respected among his brethren, stood side by side and ranked with the best among them. He possessed, in a large degree, what ought to be common, but which we, after all rarely find,—the gift of common sense, and used it successfully. As a consequence his services and opinions were sought for far and wide. At once he gained the confidence of his patients and when gained it was never lost. His hand was soft as thistle down to the throbbing pulse and aching brow. The writer still remembers the touch of that hand. But the life of man is limited. After a long and successful practice, many years of honor, at the age of three score and seventeen years, as ripe fruit in autumn falls from the tree —he was quietly gathered to his fathers—and one day the town in which he had so long lived, found he had "passed on beyond the gates." It can truly be said of Doctor Leonard that he was one of " nature's noblemen," " that the world is better for his having lived in it." He was deeply interested in all that pertained to the welfare of his native town, particularly its educational interests. In his religious views he was broad and liberal, and was always a liberal contributor to that branch of the Christian church whose teachings were in harmony with his own religious thought.
* By Hon. Charles Dillingham.
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He was twice married: first in 1830 to Miss Alice C, daughter of Samuel H. Babcock, Esq., of Boston ; second in 1868 to Mrs. Mary T. Jarvis, daughter of C. C. P. Waterman, Esq., of Sandwich, who, with the daughter by the first marriage and a son by the second, resides on the old homestead in Sandwich.
Dr. Samuel Lord was a physician of Chatham. He was a son of Rev. Joseph Lord, and was born, probably in South Carolina, June 26, 1707, where his father was then settled. He came to Chatham with his father's family in 1719, and died of small pox early in 1766.
Lyman H. Luce, M.D., of Martha's Vineyard, practiced medicine at Falmouth from 1869 to 1880. He then removed to West Tisbury, Mass., where he now resides. He married Lizzie, daughter of Captain John R. Lawrence of Falmouth.
Henry E. McCollum, M.D., a graduate of Bowdoin Medical College, practiced medicine at Marston's Mills from 1847 to 1868, and subsequently died there.
William M. Moore, M.D., born in 1848 at Barnet, Vt., is a son of William Moore. He received a preparatory course at St. Johnsbury Academy and graduated July 1, 1880, from Burlington Medical College, Vermont. He practiced in St. Johnsbury and adjoining towns in Vermont, also in Carroll county, New Hampshire, from 1880 until 1888, and since October of that year has been located in Provincetown. He is a member of the White Mountain Medical Society, and of the Carroll County Society. He married Emma J., daughter of George L. Kelley.
George M. Munsell, M.D.,* born December 14, 1835, at Burlington, is the only son of Rev. Joseph R. Munsell, for years pastor of the Congregational church at Harwich. Doctor Munsell's earlier education was received in Hampden and Belfast Academies, after which he studied medicine with Dr. C. M. Hulbert of South Dennis. In March, 1860, he graduated from the medical department of Harvard College, and at once commenced practice in Bradford, Me., where he remained one year. In 1861 he returned to Harwich as an associate of Dr. Fanklin Dodge. In July, 1862, he entered the army as first assistant surgeon of the Thirty-fifth Regiment of the Massachusetts Volunteers; but resigned his commission, April, 1863, on account of ill health and returned to Harwich, Mass., where he has since actively pursued the practice of medicine. He has been for eight years medical examiner of the county; as a member of the Massachusetts Medical Society he served one year as president of the Barnstable district and one as vice-president of the state society; and now is medical director of the state department of the G. A. R., also is on the national staff.
* By the editor.
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The doctor takes a keen interest in the social and civil affairs of life, in which he is an important factor. The interests of the G. A. R. have engaged his attention for several years, and four years he was commander of F. D. Hammond Post, which includes the towns of Harwich, Chatham, Eastham, Orleans, Brewster and Dennis. In November, 1889, he was elected the Republican representative from the second district of Barnstable county. In June, 1860, he married Lizzie K., daughter of Miller W. Nickerson, who was the son of Eleazer Nickerson of South Dennis. Their two daughters are : Louise H. and Lizzie T. Munsell. But few practitioners possess as fully as Doctor Munsell the respect and admiration of patients. His affability, practicability, and ambition to excel have made him successful in every walk of life.
Dr. A. H. Newton was born in Vermont in 1817, and began the practice of medicine in Truro, Mass., in 1850, where he remained until 1866, when he removed to Chatham. In 1876 he went to Provincetown, where he has practiced to the present time.
Dr. E. C. Newton, fifth son of Dr. A. H. Newton, graduated from Bellevue New York Medical College in 1887, practiced two years in Provincetown, and is now settled in Everett, Mass.
Dr. F. L. Newton, third son of Dr. A. H. Newton, graduated from Boston University Medical School in 1884, and practiced in Provincetown for two years. He then studied one year in Dublin and Vienna and settled in Somerville, Mass., where he is now in practice.
Dr. Stephen A. Paine, son of Moses and Priscilla Paine, was a successful physician of Provincetown. He was born in Truro in 1806, and spent the whole of his professional life in Provincetown. It has been well said, "but few men have been more useful and more trusted than he." He was deeply interested in education, and for many years on the school board, and the chairman many years. He was a representative from Provincetown in 1841 and 1842. He died September 3, 1869, leaving no children. He was an esteemed member of King Hiram Lodge. He was a lineal descendant of Thomas Paine, one of the first settlers of Truro.
Dr. Daniel Parker was born in West Barnstable in 1735 and died in 1810. His house was near the present Barnstable town house. John W. B. Parker, of West Barnstable, is one of his grandchildren.
John H. Patterson, M.D., was born in South Merrimack, N. H., March 2, 1863, graduated at Phillips Academy, Andover, Mass., in 1882, at Dartmouth College in 1886, and Dartmouth Medical College in 1889. He commenced practice in Harwich in December, 1889, in place of Dr. George N. Munsell, who was elected member of the house of representatives, and obliged to give up his practice for several months.
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Franklin W. Pierce, M.D., was born in Edgartown, Mass., on the 11th of September, 1852. Dr. Hugh G. Donaldson was his maternal great-grandfather. He graduated from Wilbraham Academy in 1872, and from Yale University in 1876. He graduated from the University of New York City Medical College in 1879, and in May of that year commenced the practice of medicine in Centreville. Six months later he removed to Marston's Mills, where he has since resided, and is one of the medical examiners of Barnstable county. June 14, 1884, he married Annie Augusta Hale of Brunswick, Me., and has one son, born November 24, 1888. His wife died April 23, 1890.
Peter Pineo, M.D., was born in Cornwallis, Nova Scotia, March 6, 1825, studied medicine there four years, attended one full term at Harvard Medical College, and subsequently graduated from Bowdoin Medical College in May, 1847. He first practiced medicine in Portland, Me., and in Boston, Mass., and settled in Barnstable in 1850, as the successor of Doctor Jackson. He removed to Groton, Mass., in 1853, where he practiced until 1859, when he accepted the professorship of medical jurisprudence and clinical medicine in Castleton Medical College, Vermont. In June, 1861, he was commissioned surgeon of the Ninth Regiment Massachusetts Volunteers, and entered active service. In August, 1861, he was commissioned brigade surgeon of United States Volunteers, and served on the staffs successively of Generals James S. Wadsworth and Rufus King, and was General McDowell's medical director during the second Bull Run battles. He also was serving on the staff of General George G. Meade, as medical director of the First Army Corps, at Antietam, and South Mountain, in 1862. In November, 1862, he was ordered to Washington in charge of Douglass General Hospital (600 beds) and in March, 1863, was commissioned as lieutenant colonel and medical inspector of United States Volunteers and ordered to inspect the Department of the Gulf, General Banks commanding. During the years 1863-1865, he inspected every army on the Atlantic coast from Washington to Texas. He was consulting surgeon of Jefferson Davis during his confinement at Fortress Monroe. In 1866 he settled in Hyannis and took charge of the United States Marine Hospital Service of Barnstable county until 1880, when, on account of ill health, he relinquished the practice of medicine, and has since resided in Boston.
Dr. Samuel Pitcher, of Hyannis, the originator of the famous Pitcher's Castoria, was born in Hyannis, October 23, 1824. His greatgrandfather, Joseph Pitcher, came here from Scituate. Doctor Pitcher began the study of medicine in 1840 with Dr. S. C. Ames of Lowell, and during the half century since then, he has given his thought and attention to the study and practice of the healing art. In 1847-8 he was in the College of Medicine at Philadelphia, and in the latter year be-
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the experiments which twenty years later led to the introduction of Castoria, from which in 1869 he realized $10,000. He was at Harvard Medical College in 1850, and except when away as a student, has continuously resided at Hyannis, where his ability and worth as a citizen and physician have long been recognized. He is a member of the Massachusetts Medical Society and a director of the First National Bank of Hyannis.
D. L. Powe, M.D., was born on Prince Edwards Island, April 28, 1853, and removed to Boston in 1874, after having received the educational advantages afforded by the graded schools of his native place. In 1879 he attended the first course of lectures ever given in the Maine Eclectic Medical School, and graduated three years later. This school subsequently came under another management and is now extinct. In 1883 he located in Boston, became a member of the Eclectic Medical Society of Massachusetts, practiced a year and in the following March came to Falmouth where in February, 1885, he married Captain N. P. Baker's daughter, Mary F. He succeeded Dr. J. P. Bills, who had practiced some five years in Falmouth and Pocasset.
John E. Pratt, M.D., was born in 1850 in Freeport, Me. He attended the schools of Meriden, N. H., took a classical course at Dartmouth, and in 1877 graduated from the Dartmouth Medical School. From 1877 to 1880 he practiced medicine in Auburn. N. H. In 1880 he came to Sandwich where he has since practised. He is a member of the Massachusetts Medical Society. He was married in 1878 to Sarah E. Cornish, and has two daughters.
Dr. Apollos Pratt succeeded Doctor Chamberlain in the practice of medicine at South Yarmouth, and died in 1860.
Dr. Greenleaf J. Pratt was born in Mansfield, Mass., in 1794, and settled as a physician in Harwich about 1815. He had an extensive practice for many years. He was a representative from Harwich in 1827, and several years on the school committee. He resided at North Harwich, where he died January 13, 1858. He married Ruth, daughter of Anthony and Reliance Kelley, April 2, 1818, and had four children.
Thomas B. Pulsifer, M.D., born in 1842 in Maine, is a son of M. R. Pulsifer, M.D. He was in Waterville College from 1859 until 1861, when he entered the army in the First Maine Cavalry. He studied medicine with his father for some time, and finally graduated from Hahnemann College of Philadelphia in 1872. In 1873, he came to Yarmouth where he has practiced since that time. He married Anna, daughter of Benjamin Gorham, and has two children—Cora R. and Gorham.
Dr. Clinton J. Ricker,* who died at Chatham, Mass., March 15, 1886, was born at Great Falls, N. H., January 29, 1847. He was the
* By Prof. M. F. Daggett of Chatham.
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youngest of the five children of Captain and Mrs. Josiah Clarke of Great Falls. His mother dying when he was but a few weeks old, and his father wishing to make a long journey from home, the boy was received into the home of Mr. and Mrs. Allen Ricker, residing near Milton Mills, N. H., who adopted and reared him as their son. Here he passed his boyhood days, receiving the meager advantages of the district school in winter and developing his muscles on the farm in summer.
His life was uneventful until he arrived at the age of sixteen years, when, like many other New England boys in that time of our country's greatest need, he determined to enter the service as a soldier the consent of his foster parents being refused on account of his youthful age, a compromise was effected by his going out as servant to his brother, C. Clarke, a captain of cavalry in the regular army, who promised to restrain the boy's youthful impetuosity and protect him from all harm. This promise was, however, unavailing, for in the heat of battle, though commanded to remain in the rear, he forgot his brother's rank and authority, and, burning with military ardor, he rushed into the fight and did effective service, bringing back as proofs of his contact with the enemy, wounds received from a rebel ball and sabre stroke.
In 1865 we find him at Milton Classical Institute, studying French, Latin, and other branches preparatory to a college course ; and later at Bowdoin College, Brunswick, Maine, from which he probably graduated in 1871, entering the Bowdoin Medical School the same year, where he took two courses of lectures. In 1873 and 1874 he continued his medical studies at the College of Physicians and Surgeons, New York city, taking high standing in a large class and graduating in 1874. He soon commenced the practice of his profession at New Market, N.H., and entered at about the same time into partnership in the drug business at Dover. His efforts in his chosen occupation seemed marked with success, his skill soon became known, and his practice largely increased. But reverses were in store for him. Hard work and exposure, incident to a large country practice, undermined a naturally strong constitution and he suffered a stroke of paralysis, which prostrated him for many months, and from which he never fully recovered. At the same time his business partner at Dover, taking advantage of Doctor Ricker's enforced absence, purchased a large stock of goods on as long credit as possible, and selling the goods at a discount for cash, absconded with the funds and drove the firm into bankruptcy. These and other financial losses, together with his long illness, prevented Doctor Ricker's return to practice at New Market, and the winter of 1878 he spent in Stockbridge, Mass., having been invited to care, temporarily, for the business of Doctor Miller.
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Doctor Ricker next secured the appointment as assistant port physician at Boston, and here he was recognized as a skilful physician and competent official. This position he retained until his health, which had been for some years delicate, again broke down, and he was compelled by change of climate and a voyage at sea to seek its restoration.
In the fall of 1880 he came to Chatham, Mass., where he continued in practice during the remaining years of his life, and where his genial manners, sympathetic nature, and earnest efforts in behalf of his patients, as well as his marked ability as a physician and surgeon, won for him the enduring respect, confidence, and esteem of the people.
May 21,1879, Doctor Ricker was united in marriage to Miss Louise B. Martel, of Newton, Mass., a lady of intelligence, refinement and good education, a descendant of a family once famous in French history. This lady, who survives her husband, testifies to his having possessed the many excellent qualities of mind and heart that make the domestic life beautiful and happy.
Through life he was a student in his devotion to scientific and literary pursuits, and was a frequent contributor to magazines and newspapers. He was often invited to the lecture-platform, and both in New Hampshire and Massachusetts he frequently addressed large audiences, pronouncing in Chatham in 1882 one of the finest Memorial Day addresses ever delivered in this section of the state. His keen insight into abstruse subjects, his comprehensive view of public affairs, his just discrimination and impartial criticism, combined with brilliant conversational powers, purity of diction and a vivid imagination, made Dr. Clinton J. Ricker an interesting private companion and eloquent public speaker.
James A. Robinson, M.D., was born in Claremont, N. H., November 29, 1857, and was the son of Willard H. and Martha J. Robinson. When six years of age he moved to Brookline, Mass., where he received his early education and entered Harvard College in 1876. In 1879 he entered the medical department of the University of Pennsylvania and graduated in 1882. After practicing in Taunton and adjoining towns, he moved to Chatham in 1888, where he is now located.
Frank A. Rogers, M.D.—This rising young physician, born at Newfield, Me., was educated at Limerick Academy, and at Kent's Hill Seminary, received a full academic course for Bowdoin College, but changed his mind and entered the medical department, from which he graduated in 1876. He practiced nearly a year at Bethel, Me., when he sold his interest to a classmate who had made a settlement there about the same time. He then filled the position of principal in Litchfield Academy two years, removing to Atlanta, Ga., to fill the chair of instructor in science and language in the university of that
242 MEDICAL PROFESSION.
city. After practicing his profession two years, in Nebraska, he settled in Brewster, in 1882, purchased his homestead and in 1884 opened a drug store in connection with his practice. During his term of practice at Brewster he has attained a prominent position in the profession, excelling in surgery. In 1883 he joined the Massachusetts Medical Society, and for six years past has been the secretary of the Barnstable district. High compliment is due to his mechanical and scientific genius, which, combined with his energy and perseverance assures his highest success. As a special correspondent of the signal service he has in use an electric anemometer recorder of his own invention and construction, which more effectually records the velocity of the wind than any other in the service.
Something might well be expected of a man with the doctor's antecedents. His ancestry is traceable back to John Rogers, the martyr, who was burned at the stake February 14, 1555. The first of the family who came to the New World was Rev. Nathaniel Rogers, who settled at Ipswich in 1636, where he died in 1655. His son, Rev. John Rogers, M.D., practiced at the same place, departing this life in 1684, leaving a son, Rev. John, who was pastor of the First church of Ipswich until his death in 1745. The next in the lineal descent was Rev. Daniel Rogers, a tutor of Harvard College, who died in 1785, at Exeter, N. H. His son, Thomas, moved to Ossipee, N. H., where John Rogers, grandfather of the subject of this sketch, was born and subsequently removed to Newfield, Me., where he died in 1866. At the latter place Rev. John A. Rogers was born, April 29, 1833, who in 1854 married Julia A. Nealey of Parsonsfield, Me., and settled in the ministry as pastor of the F. W. Baptist church, which service he continued until his death, February 6, 1866, leaving two children—Frank A. and Addie A., now Mrs. B. F. Lombard of Portsmouth, N. H.
Frank A. Rogers, M.D., was born October 8, 1855, at Newfield, and was married November 30, 1876, to Lottie A. Bowker of Phipsburg, Me. They have three children—Amabel, Frank Leston, and Alice M. The doctor is an active republican, interesting himself in the affairs of the body politic, and for four years last past has acted on the school board of Brewster. In the church of his choice, the Baptist, he is superintendent of its Sunday school; and in the busy scenes of science and his profession he finds opportunity for the enjoyment of those religious and social relations to which he is devotedly attached.
Dr. Moses Rogers, a physician of Falmouth, was a son of Mayo and Mercy Rogers, of Harwich, where he was born in 1818. He settled in Falmouth, Mass., where he died February 4, 1862, aged 44.
Dr. Nathaniel Ruggles was a resident physician at one time at Marston's Mills.
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Dr. Henry Russell was born in Providence, R. I., June 31, 1814. He studied four years with Dr. James B. Forsyth, graduated at the University of Pennsylvania in 1841, and commenced the practice of medicine at Nantucket. Three years later he removed to New Bedford, where he practiced for six years, since which time he has resided and practiced mostly in Sandwich.
Joseph Sampson, M.D., born in Nantucket in 1784, was a graduate of Harvard Medical College, and was on the Embargo Commission in 1809, he being at that time a resident of Brewster. He was married in 1815 to Deborah R. Cobb of Brewster, was the first president of the Barnstable District Medical Society, and died in Brewster in 1845.
Dr. Samuel Savage was born in 1748. He resided near the present residence of Henry F. Loring, west of Barnstable village. He was very peculiar in his manners, and when the stage-coach was passing, would ascend a large rock, which is still there, and in sepulchral tones announce himself as a physician and surgeon. He died June 28, 1831.
Dr. Stephen Hull Sears, son of Stephen and Henrietta (Hull) Sears, was born in South Yarmouth, July 31, 1854. He studied medicine with Dr. A. Miller at Needham, Mass., graduated in medicine at Bellevue Hospital Medical School, New York, in 1879, and practiced in Newport, R. I., from December 30, 1879, until the summer of 1889, when he removed to Yarmouth, where he is now located. In December, 1881, he was appointed A. A. surgeon in the United States marine hospital service which position he held while in Newport. He was also four years surgeon of the Newport Artillery Company, by appointment of Governor Wetmore, with the rank of major. Doctor Sears married, August 23, 1881, Marianna B., daughter of Danforth P.W. and Angeline (Bearse) Parker of Barnstable, and has three children.
Dr. Joseph Seabury, second son of Ichabod Seabury, studied medicine with Doctor Fessenden of Brewster, located in Orleans in 1782, practiced there seventeen years, and died March 27, 1800.
Dr. Benjamin Seabury succeeded his father, Dr. Joseph Seabury, as physician in Orleans and vicinity, practiced there until April, 1837, when he removed to Boston, and subsequently to Charlestown, where he practiced until the time of his death, September 16, 1853
Benjamin F. Seabury, M.D., son of Dr. Benjamin Seabury, succeeded his father as physician and surgeon in Orleans from 1837 until his death there February 26, 1890. He studied medicine with his father and at the medical school of Harvard University from which he graduated. His only son is Samuel W. Seabury, now in command of a ship from San Francisco to Australia.
Dr. John Seabury, fourth son of Dr. Joseph Seabury, born February 4, 1790, practiced in Chatham fifteen years, then removed to South-bridge, Mass., and subsequently to Camden, N. C, where he died.
244 MEDICAL PROFESSION.
Dr. George Shove was born in Sandwich, October 14, 1817, where he was at one time a teacher in the school of Paul Wing. He was educated to the profession in the University of Pennsylvania. In 1846 he became a member of the Massachusetts Medical Society and of the Barnstable County Society, in which latter he was president. He was eight years surgeon of the United States Marine Hospital at Hyannis. His practice was extensive, reaching from Cotuit Port to Orleans, although he resided at Yarmouth, where he married, November 11, 1849, Lucy, daughter of Captain John Eldridge. Dr. Shove's parents were Enoch and Desire (Cobb) Shove of Sandwich. On the occasion of his death the Barnstable District Medical Society recorded resolutions, including this : " The community in which his entire professional life was passed has experienced a loss well nigh irreparable, and will hold his name in grateful remembrance for his public spirit and enterprise, resulting in little pecuniary advantage to himself but in great good to the toiling and destitute."
Marshall E. Simmons, M.D., was born in Wareham, Mass., and graduated from Harvard Medical College about 1861. He entered the army as assistant surgeon of the Twenty-second Regiment, Massachusetts Volunteers, July 29, 1862, and was promoted to surgeon of the same regiment December 29, 1862. He resigned his commission the 27th of August, 1863, and practiced medicine in Chatham until February, 1870, when he left to reside in one of the Western states. He was twice married. His last wife, the only daughter of Captain George Eldredge of Chatham, he married August 4, 1869. He subsequently returned to Wareham, Mass., where died in May, 1874.
Dr. Thomas Smith, a physician and surgeon of Sandwich, son of Samuel and Bethiah Smith of that town, was born September 7, 1718, and studied medicine in Hingham. He was eminent in his profession. He visited the sick far and near. He had a family.
Dr. Thomas Starr was among the first comers to Yarmouth. He was not in sympathy with the first settlers, being regarded as rather latitudinarian in his principles, and was once fined for being what was regarded as " a scoffer and jeerer at religion." Justice compels the statement that this simply consisted in preferring another minister to Rev. Mr. Matthews, and giving his reasons therefor. He left town about 1650, there being insufficient practice of his profession for his support.
Dr. Ezra Stephenson practiced medicine at Marston's Mills from 1832 to 1838.
John Stetson, M.D., was born in Abington, Mass., and graduated from Dartmouth Medical College in 1850. In 1851 he commenced the practice of medicine in West Harwich, where he still resides.
245 MEDICAL PROFESSION.
William Stone, M.D., was a practicing physician at Wellfleet prior to 1843. His father, whose name he bore, was also a physician at Enfield, Mass. In locating at Wellfleet, William Stone succeeded Dr. James Townsend, who had been a physician there for a number of years. Subsequently he married Doctor Townsend's widow and removed to Harvard, Mass., where he died.
Thomas N. Stone, M.D., born in 1818, was a son of Dr. William Stone. He was a graduate (1840) of Bowdoin College and Dartmouth Medical School, from which he received his medical degree, October 24, 1843. He practiced in Wellfleet from the time he graduated until 1875, with the exception of two years in Truro. He removed from Wellfleet to Provincetown in 1875, where he died May 15, 1876. He was a very pleasing speaker and writer. He was a member of the school committee of Wellfleet nearly thirty years, representative in 1873, and state senator in 1874 and 1875. His first marriage was with Hannah D., daughter of William N. Atwood. Their two sons were William N. Stone, M.D., and Thomas N., deceased. His second wife was Nancy B., another daughter of William N. Atwood. Their two daughters, one Helen L. (Mrs. F. H. Crowell of Nebraska), and Anabel (widow of E. W. Snow).
William N. Stone, M.D., born in 1845 in Truro, is a son of Thomas N. Stone, M.D., and a grandson of William Stone, M.D. He attended Lawrence Academy two years and Wilbraham Academy one year, then took a four years' course at Harvard Medical College graduating in June, 1869. He began practice in Wellfleet in 1869 with his father, who retired six years later, leaving a large practice to the young doctor. He married Adeline Hamblin and has two children—Thomas N. and Adeline H.
Dr. Jeremiah Stone, son of Captain Shubael and Esther (Wildes) Stone, was born November 2, 1798, and was a prominent physician of Provincetown.
Dr. Alfred Swift, son of Thomas, was born in North Rochester, Mass., March 3, 1797; studied medicine with his brother in Vermont; came to Harwich first, and then removed to Dennis, about 1828, where he died July 27, 1875. His wife, Elizabeth Jane Gray of Martha's Vineyard, died September 9, 1871. He had an adopted son, Charles Haskell Swift, who married Mrs. Mary J. Brooks, daughter of Heman Baxter, and now lives in Dennis. Doctor Swift is best remembered for his kindness to the poor.
Dr. James Thacher, was born in Barnstable, February 14, 1754. He studied medicine with Dr. Abner Nersey, and entered the army as surgeon in 1775, serving seven and one-half years. At the close of the war he married Susanna Hayward of Bridgewater, and settled in the practice of medicine in Plymouth, where he died in May, 1844, in his
246 MEDICAL PROFESSION.
ninety-first year. He published several works, including his journal while in the revolutionary war.
Dr. Charles N. Thayer was born at Attleboro, Mass., in 1828. His childhood was passed in Mansfield, where his early education was received. His father, Simeon Thayer, was a soldier in the war of 1812. His grandfather, Isaac Fuller, served in the revolution, and he was a non-commissioned officer in Company I, Fourth Massachusetts, during the late rebellion. On the maternal side he traces his ancestry to the Doctor Fuller whose name is enrolled on the Puritans' monument at Plymouth, Mass. He resided for some time in Pembroke, Mass., where he was engaged in the lumber business, and represented that town in the legislature of 1855. He studied medicine with E. R. Sisson, M.D., of New Bedford, and attended lectures in Boston. In 1869 he opened an office in Falmouth, and established an extensive practice. In 1884, his health becoming impaired, part of his practice was dropped and a store was opened, with the management of which, in connection with his professional duties, he is now engaged.
Dr. Townsend was a physician of Orleans at the beginning of the present century. He had two children, Hannah and Julia, baptized at Orleans by Rev. Mr. Bascom, the former in 1801, the latter in 1803.
Henry Tuck, M.D., of Barnstable, was born February 16, 1808, and died June 24, 1845.
Alexander T. Walker, M.D., a practitioner of the alopathic school, was born in Canada, in 1844. He received his early education in Canada, and graduated from Dartmouth College, N. H., in 1869. Before entering Dartmouth he was in New York two years—one year in the College of Physicians and Surgeons, and one year in Bellevue Hospital Medical College. Since graduating he has attended lectures six seasons—two courses in Bellevue Medical College (one under Doctor Loomis, in the hospital), one course in Vermont University in Burlington, and two courses in the medical department of the University of the City of New York. In 1870 he located in Maine, but came to Falmouth in 1883, where he has since practiced.
James T. Walker, M.D., of Falmouth, born April 25, 1850, at Toronto, is the youngest of a family of six sons, three of whom are physicians and the others clergymen. He was educated in the Toronto city schools and at eighteen years of age graduated from the Provincial Normal School. Four years later he graduated from Queen's College, Toronto, at the head of the class of '72, and was chosen its valedictorian. In 1873 he came to Martha's Vineyard where he taught school and studied medicine three years. In 1876-7 he attended the Detroit Medical College and was two seasons at Burlington in the University of Vermont, where he was graduated in June, 1879, and
247 MEDICAL PROFESSION.
was again valedictorian of his class. His first practice was at Martha's Vineyard, whence in March, 1880, he came to Falmouth as successor to Dr. Lyman H. Luce. Here he married Evangeline G., daughter of I. H. Aiken.
James M. Watson, M.D., of Falmouth, was born at Sangerville, Me., January 16, 1860. He graduated in 1881 from Foxcroft Academy and in 1883 from Maine Central Institute at Pittsfield, Me. In March, 1886, he received his degree from the medical department of the University of the City of New York, also a course in Bellevue Hospital (under Prof. William N. Thompson), and has since practiced in Falmouth. In April, 1890, he graduated from the Homoeopathic Medical College and Hospital of New York. He is a registered pharmacist and a member of the state board of pharmacy.
George E. White, M.D., was born in 1849 in Skowhegan, Me., and was educated in the schools of Skowhegan and in the Eaton Family and Day School. From 1868 to 1877 he was in business in Boston. In 1877, he entered the Hahnemann Medical College of Philadelphia, from which he graduated in 1880, opening a practice in Sandwich the same year, where he has been since that time. He is a member of Dewitt Clinton Lodge, A. F. and A. M., of which he was master in 1884 and 1885, and again in 1889.
Dr. Jonas Whitman, an early physician of Barnstable, was born in 1749, graduate of Yale in 1772, and died July 30, 1824. His father, Zachariah, was a son of Ebenezer, whose father Thomas, was a son of Deacon John Whitman of Weymouth. He had three sons: John, a graduate of Harvard in 1805 ; Josiah, M.D., at Harvard in 1816; and Cyrus Whitman.
Timothy Wilson, M.D., was born in Shapleigh, Me., July 27, 1811, and died in Orleans, Mass., July 18, 1887. His education was obtained in the public schools of his native town, and at the academy in Alfred, Me. He began the study of medicine in the office of Dr. William Lewis of Shapleigh, afterward attending the medical departments of Dartmouth and Bowdoin Colleges, graduating from the latter in 1840. He settled in Ossipee, N. H., but was forced to leave on account of the long, severe winters, and look for a more congenial climate, the result of which, was his settling in Orleans in the summer of 1848, where he continued in active practice until failing health forced him to abandon it about one year preceding his death. He always took a lively interest in matters pertaining to education. In early life he took an active part in politics, being a strong anti-slavery whig, until the formation of the republican party, with which he ever after acted.
Besides these physicians already mentioned in this chapter, are others concerning whom no information has been obtained save the fact that they at some time practiced medicine in the county. Concerning-
248 MEDICAL PROFESSION.
some of them, traditions might be given , but nothing sufficiently authentic to merit a place here. The apocryphal names are: James Ayer, N. Barrows, J. W. Baxter, John Batchelder, Jonathan Bemis, Jonathan Berry, John E. Bruce, W. F. S. Brackett, J. W. Clift, J. W. Crocker, Bart. Cushman, N. B. Danforth, D. W. Davis, D. Dimmock, Daniel Doane, J. B. Everett, Benjamin Fearing, J. B. Forsyth, C. A. Goldsmith, John Harper, J. L. Lothrop, Ivory H. Lucas, J. W. Nickerson, John M. Smith, W. O. G. Springer, Henry Willard, Bennett Wing, and Edward Wooster.
By chapter 26 of the Public Statutes of Massachusetts, Barnstable county was divided into three medical districts, in each of which an "able and discreet man learned in the science of medicine shall be appointed, whose term of office shall be seven years." District 1, embraces the towns of Harwich, Dennis, Yarmouth, Brewster, Chatham, Orleans and Eastham; district 2, Barnstable, Bourne, Sandwich, Mashpee and Falmouth; district 3, Provincetown, Truro and Wellfleet. The medical examiners now in office are: Drs. George N. Munsell of Harwich, Franklin W. Pierce of Barnstable, and Willis W. Gleason of Provincetown.
LITERATURE AND LITERARY PEOPLE.
By Hon. Charles F. Swift, President of the Barnstable County Historical Society.
Early Writers.—Freeman's History of Cape Cod.—Other Local Works.—Poetry.—Fiction.—Occasional Writers.—The Newspapers of Barnstable County.
THE intelligence and capacity of the people of the Cape have not, heretofore, been evinced so much in what they have said, as in what they have dared and accomplished. The founders of her towns were not usually men of literary taste or acquirements, except her clergy, who ranked well with those of their class in other parts of the colony. It was some time after they had settled the towns, subdued the wild face of nature, and helped to conquer the savage foe, before they turned their attention to scholarship. Then it was that the fisheries on their shores helped to found and maintain the first public grammar school established by the colony. It was, indeed, the chief reliance of that enterprise.
The first of their written compositions which are extant are in the form of sermons, and of these it may be said, that their style was as rugged and forbidding to our present taste, as were the ideas they were intended to convey. In hours of deep affliction the fathers sometimes essayed to woo the muses. The earliest specimen of elegaic verse preserved, is found in the lines composed on the death of his accomplished wife, by Governor Thomas Hinckley, of which production Mr. Palfrey says, "It breathes not, indeed, the most tuneful spirit of song, but the very tenderest soul of affection."
Dr. John Osborn, born in Sandwich in 1713, a son of Rev. Samuel Osborn, minister for some time of the south precinct of Eastham, wrote a Whaling Song, which has obtained celebrity. It is quite an advance, in literary finish, upon anything preceding it which had been produced by a Cape Cod writer. The opening lines are:
"When spring returns with western gales,
And gentle breezes sweep
The ruffling seas, we spread our sails,
To plough the wat'ry deep."
250 LITERATURE AND LITERARY PEOPLE.
Then follow seventeen stanzas, which describe, in spirited style, the pursuit, killing and capture of the monsters of the deep.
Rev. Thomas Prince, the distinguished author of New England's Annals and Chronology, a native of Sandwich and a grandson of Governor Hinckley, produced a work of exceeding value. In the opinion of Doctor Chauncy, "No one in New England had more learning except Cotton Mather." He published other works, though the Annals is esteemed the most important.
James Otis, jr., called "the patriot," besides being a peerless orator, was the author of several important political treatises, among which may be mentioned his Rights of the Colonies Vindicated, which was styled "a masterpiece of good writing and argument."
Rev. Dr. Samuel West, a native of Yarmouth, for some time a schoolmaster in Barnstable and Falmouth, was removed for his metaphysical and controversial talents, as well as for his great learning and profound scholarship. "He was," said Dr. Timothy Alden, jr., "as remarkable for his mental powers, as Dr. Samuel Johnson, the great biographer and moralist. He was supposed to have much resembled him in personal appearance, and with the same literary advantages, would unquestionably have equalled him for reputation in the learned world." He wrote several important tracts during the revolutionary period.
Rev. Dr. Timothy Alden, jr., a native of Yarmouth and president of Alleghany College, Meadville, Pa., about the middle of the century published the Collection of American Epitaphs, in four volumes, a book which contained a fund of interesting and valuable information. Rev. James Freeman, D.D., minister of the Stone Chapel, Boston, a native of Truro, contributed, soon after this time, a series of most important papers relating to the history of the towns of the county and published in the collections of the Massachusetts Historical Society. These papers are still quoted and relied upon as authority on the subjects to which they are devoted.
With such a record for enterprise, adventure, patriotism and identification with the great movements of the age as the Cape presents, it would be strange if there were not others of her sons who should attempt to do her honor, or at least justice. In 1858, Rev. Frederick Freeman, of Sandwich, commenced the publication of a History of Cape Cod. The book was finally completed, in two large volumes, and to all time must be the foundation upon which other works of the kind will be based. The difficulties in Mr. Freeman's way were numerous; he had to begin without any considerable previous aid; he was justly emulous of the fame of his illustrious ancestors; and being himself a minister of the church of England, it seemed to some that he did tardy and stinted justice to the Pilgrim and Puritan
251 LITERATURE AND LITERARY PEOPLE.
elements. Some of the important epochs were not written up with the fullness and elaboration of the others. But despite these drawbacks Mr. Freeman's book will always be quoted, as the first filial attempt of any Cape Cod man to do appropriate honor to the memory of the pioneers and their successors, and as such should be held in high estimation.
Rev. Enoch Pratt, in 1842, published his history of Eastham, Wellfleet and Orleans. There is much in it which is interesting, unique and worthy of preservation. Mr. Shebnah Rich, in his Truro, Cape Cod, has embodied in an original form, and attractive rhetoric, a mass of important information respecting one of the most interesting towns of the Old Colony. In 1861, Mr. Amos Otis commenced a series of articles in the Barnstable Patriot, respecting the history of the Barnstable Families. Nothing has yet been published which evinces so familiar an acquaintance with the habits, manners, motives and impelling principles of the pioneers of the town as these sketches, by one of their descendants. They will always be referred to as authority on the points which they discuss, and be regarded as a monument to the intelligence, zeal and industry of their author. In 1884, Charles F. Swift published a history of Old Yarmouth, including the towns of Yarmouth and Dennis; in one volume, 283 pages. Mr. Swift has also published a Fourth of July oration, 1858, a continuation of Barnstable Families, several occasional addresses, and contributions to magazines and newspapers, principally on biographical and historical subjects. The sketches of the History of Falmouth up to 1812, by the late Charles W. Jenkins, were issued in a collected form by the Falmouth Local press in 1889. They were written before so much was known as has since transpired about the early history of the town, and the book is a filial and creditable work. Mr. Josiah Paine of Harwich, who contributes to this work the chapters on the history of Harwich and Brewster, has written with intelligence and discrimination, other important historical papers, for the newspapers and magazines, and has a manuscript collection of great value regarding old Harwich and its people. Mr. Joshua H. Paine, his brother, has also written an exhaustive unpublished account of the War of 1812 in its relation to Harwich. His contribution on that topic to the present volume appears at page 76.
In other departments of literary effort the natives of the Cape have somewhat distinguished themselves. The early bards of the county have already been alluded to. Several others remain to be noticed. Daniel Barker Ford, son of Dr. Oliver Ford of Hyannis, who was an apprentice in the Yarmouth Register office about 1842-4, evinced much poetic and rhetorical talent. His best known piece, "A Lay of Cape Cod," 'was modeled in style and treatment from Whittier's Lays of
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Labor, and was a most spirited and stirring production. A few of inspiring lines are quoted :
"Hurrah ! for old Cape Cod,
With its sandy hills and low,
Where the waves of ocean thunder,
And the winds of heaven blow;
Where through summer and through winter,
Through sunshine and thro' rain,
The hardy Cape man plies his task
Upon the heaving main.
* * * * * *
"Hurrah ! for the maids and matrons
That grace our sandy home,
As gentle as the summer breeze,
As fair as ocean's foam ;
Whose glances fall upon the heart,
Like sunlight on the waters ;
Who're brighter in the festal hall
Than France's brightest daughters."
Dr. Thomas N. Stone of Wellfleet, published in 1869, a volume entitled Cape Cod Rhymes. He possessed the true poetic temperate was witty, pathetic, and alive to the sights and scenes of nature around him. He also wrote and delivered felicitous occasional orations and addresses. Asa S. Phinney, also a printer in the office of the Yarmouth Register, in 1845 collected and issued a little pamphlet, Accepted Addresses, etc. There were twenty-four pieces in all, some of which evinced considerable poetic ability. Mr. Phinney was also a frequent and welcome contributor to the Cape newspapers.
Mrs. Francis E. Swift of Falmouth, has written for several years for the current magazines and newspapers, under the nom de plume "Fanny Fales." She published, in 1853, Voices of the Heart, and has a large number of superior compositions not yet in a collected form. Mrs. Swift is not only an easy and graceful versifier, but has show a higher poetic fancy and a deeper insight into the emotions and feelings of the human heart. We present a single specimen in her reflections upon Longfellow's line " Into each Life some Rain must fall."
"If this were all, O if this were all,
That 'Into each life some rain must fall'—
There were fainter sobs in the Poet's rhyme,
There were fewer wrecks on the shores of time.
"But tempests of woe pass over the soul,
Fierce winds of anguish we cannot control;
And shock after shock we are called to bear,
Till the lips are white with the heart's despair.
"O, the shores of time with wrecks are strown,
Unto the ear comes ever a moan,
Wrecks of hopes that sail with glee,
Wrecks of loves sinking silently !
"Many are hidden from mortal eye,
Only God knoweth how deep they lie ;
Only God heard when the cry went up ;
'Help me ! take from me this bitter cup!'
" 'Into each life some rain must fall'—
If this were all, O, if this were all!
Yet there is a Refuge from storm and blast,
We may hide in the Rock till the woe is past.
''Be strong ! be strong ! to my heart I cry,
A pearl in the wounded shell doth lie :
Days of sunshine are given to all,
Though 'Into each life some rain must fall.'"
Prof. Alonzo Tripp, a native of Harwich, wrote in 1853 a book of European travels entitled Crests from the Ocean World, which had a sale of 60,000 copies. Afterward he wrote a local novel, entitled The Fisher Boy, which had a large sale, and many appreciative readers. He has since delivered lectures on European events, in almost every considerable place in the country, which have attracted audiences of culture and discrimination. He has now in press a series of Historical Portraitures, which will take high rank in the contemporaneous literature of the country.
In fictitious narrative, Rev. N. H. Chamberlain, a native of Sandwich, has published, Autobiography of a New England Farm House, the scenes of which are laid in that part of Sandwich now Bourne. It is a reproduction, in agreeable and picturesque style, of many local incidents and traditions. He has also written The Sphinx of Aubery Parish and a book entitled Samuel Sewell and The World he Lived in, several polemic church pamphlets, book notices, lectures and historical discourses. At page 8 of this volume is a fragment revealing at once his keen appreciation of the Cape character and his happy style as a descriptive writer.
Some thirty years ago, Captain Benjamin F. Bourne, who had been a prisoner in Southern South America, wrote and published a book entitled, The Captive in Patagonia. It was a volume of thrilling interest and had an enormous sale. Even at this day it is frequently called for at the book-stores, and is read with as much interest as when fresh from the press.
Charles F. Chamberlayne, Esq., of Bourne, has edited a law book entitled, Best's Principles of the Law, of Evidence, which under the name of C/iamberlayne's Best, has been adopted as the standard authority in most of the law schools of the country.
Sylvester Baxter, a native of Yarmouth, has been for many years one of the staff writers of the Boston Herald. In 1883 and 1884 he went to Mexico, as editor of The Financier of that city, and also correspondent of the Herald. He has contributed considerably for the
254 LITERATURE AND LITERARY PEOPLE.
magazines in the way of essays, poetry, sketches of travel and short stories, and although his writings have not been collected, some of them have appeared in pamphlet form; among them an illustrated description of the Morse Collection of Japanese Pottery, and Berlin; a Study of German Municipal Government; both of them published by the Essex Institute, Salem. Here is one of Mr. Baxter's short poems, from the Atlantic Monthly of October, 1875, entitled " October Days " :
"The maples in the forest glow,
And on the lawn the fall-flowers blaze,
The mild air has a purple haze;
My heart is filled with warmth and glow.
''Like living coals the red leaves burn;
They fall—then turns the red to rust;
They crumble, like the coals, to dust.
"Warm heart, must thou to ashes burn?"
It only remains to remark that the paternal parent of John Howard Payne, the author of "Home, Sweet Home," was of Cape Cod origin, and that Harvey Birch, the prototype of Cooper's "Spy," originated in Harwich, his real name being Enoch Crosby, and his actual experience being matched by all the incidents recounted in this most characteristic of the author's works. Though not himself the creator of one of the most striking personalities in modern fiction, he was what is still better, the original of this most prominent character.
Other natives in professional and business life, but not devoted to literature as a pursuit, have contributed valuable writings to the press in their leisure and unengrossed hours. Of these it may be proper to name: Rev. Osborn Myrick of Provincetown, a prolific writer to the county newspapers; Frederick W. Crocker of Barnstable, who wrote several witty poems of high literary merit for occasional meetings and public gatherings; Frederick W. Crosby of Barnstable, a writer of sketches, essays and stories in the leading Boston and New York journals, whose career was prematurely cut short in the most useful period of his life; Benjamin Dyer, jr., of Truro, an officer in the volunteer navy, who evinced a high degree of descriptive talent; and E. S. Whittemore, Esq., of Sandwich, the author of the chapter on the Bench and Bar in this volume.
Hon. John B. D. Cogswell of Yarmouth, who touched no subject he did not elucidate and adorn, wrote as an introduction to the Atlas of Barnstable County (1880) an outline of county history, which is a valuable and interesting epitome. He also delivered a number of well-considered, elegantly composed public addresses and lectures, some of which have been published. Matthew Arnold said of him that he was the most gifted man he met in America, forming his judgment from Mr. Cogswell's accomplishment as a conversationalist.
255 LITERATURE AND LITERARY PEOPLE.
Sidney Brooks, of Harwich, was also a writer of intelligence and great enthusiasm upon local history and topographical description. Rev. John W. Dodge, has composed hymns and discourses which are always of interest from their scholarship and literary finish. Captain Thomas P. Howes, of Dennis, has produced sea sketches, historical portraitures, and vivid descriptions of travel and adventure, which if collected in a volume would meet with rapid and extensive appreciation. Mrs. Mary M. Bray, a native of Yarmouth, whose 250th anniversary poem there has met such universal admiration, had before written some graceful poems and sketches of distant places, for the journals of the day. Miss Gertrude Alger, a young poet of merit, who has just passed into the spiritual world, has produced some graceful and finished poems, one or two of which have found their place in the current collections of contemporaneous poetry. Hon. Henry A. Scudder and Hon. George Marston, of Barnstable, better known as lawyers, also delivered addresses and orations which commanded attention from their style and treatment of important public questions. Philip H. Sears, Esq., a native of Dennis, has delivered several public addresses, one of the most important of which, on the celebration of the 250th anniversary of the settlement of Old Yarmouth, was a finished and thoughtful presentation of the subject. Azariah Eldridge, D.D., of Yarmouth, besides his pulpit discourses, wrote several public addresses which have commanded the attention of thoughtful readers and thinkers. A memorial volume, containing a brief memoir of Doctor Eldridge, by C. F. Swift, Rev. Mr. Dodge's sermon at his obseques and various letters and notices by personal friends, has been prepared for private circulation under the direction of Mrs. Eldridge.
Two school books which had a high reputation in their day, were prepared by old-time Cape teachers. Rev. Jonathan Burr, of Sandwich, pastor of the First church and preceptor of Sandwich Academy, about the close of the last century was the author of a Compendium of English Grammar, which occupied a leading position in the schools in this portion of the state for many years. Mr. Burr was a man of much natural ability and scholarship. Captain Zenas Weeks, of Marston's Mills, a prominent man in his day, a school teacher and music teacher, was the author of a text book on English grammar, issued about the year 1833.
In 1851, Mrs. A. M. Richards, a daughter of Captain Benjamin Hallet of Osterville, wrote a volume of 140 pages, which was published by Gould & Lincoln, Boston, entitled Memoirs of a Grandmother; by a Lady of Massachusetts. It was an autobiography, and contained graphic sketches of incidents and individuals, some of whom are well known to the public. Interspersed in the narrative are a number of metrical compositions of a high order of poetical merit.
256 LITERATURE AND LITERARY PEOPLE.
In 1888, a volume entitled, Biographical sketch of Sylvanus B. Phinney, was issued on the 80th anniversary of his birthday. The volume contains a sketch of his life, letters from Revs. Edward E. Hale and A. Nickerson, and public addresses and papers prepared by Mr. Phinney.
Joseph Story Fay, Esq., of Woods Holl, published in 1878 a little monograph entitled, The Track of the Norsmen, in which he very ingeniously argues that these Scandinavian navigators visited the locality since known as Wood's Hole, and that the proper name of the locality is Wood's Holl (meaning hill), which name, through his efforts, it now bears. Mr. Fay, who is an enthusiastic arborator as well as a gentleman of literary tastes and pursuits, has delivered addresses relating to his experiences in planting and rearing forest trees on his estate at Woods Holl.
Rev. J. G. Gammons issued in 1888, a monograph of the Methodist Episcopal church of Bourne, which sketches the rise and growth of Methodism, and preserves many interesting reminiscences of the pioneers of this sect on Cape Cod and elsewhere, especially in the town of Bourne.
A Genealogy of the Burgess family, from Thomas Burgess who settled in Sandwich in 1637, to the year 1865, was issued at that date, by E. Burgess of Dedham. It was a private edition, printed for the author, and contained 196 pages and has over 4,600 names of the family and branches, with several lithographic portraits.
George Eldridge, of Chatham, in 1880 published a work of Sailing Directions for Navigators, followed by other editions in 1884 and 1886. In 1889 he published Eldridge's Tide and Current Book. These publications, together with Mr. Eldridge's charts, are the most valuable works of the class extant, and are looked upon as standard authority by navigators, and adopted by the naval authorities of the country.
Mr. Gustavus A. Hinckley has reproduced for publication in the Barnstable Patriot, the inscriptions on the ancient grave-stones in the old Barnstable cemetery, engraving the blocks very neatly with his own hand, and compiling information to accompany the cuts. He has also compiled a manuscript History of Barnstable in the Civil War.
In 1866, Mrs. Caroline (Thacher) Perry, of Yarmouth, collected a volume of short stories which she had contributed to the New Church Magazine for Children, and they were published, with illustrations, by Nichols & Noyes, of Boston, under the title, Effie Gray and other Short Stories for Little Children. These stories possessed the rare merit in juvenile literature of interesting the class of readers for which they were designed.
Rev. Dr. William H. Ryder, a native of Provincetown, who deceased in Chicago where he settled in 1888, was a pulpit orator of
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eloquence and power, and wrote some able articles for the Universalist Quarterly. His writings, however, have not appeared in a collected form.
Heman Doane, of Eastham, has written a number of metrical compositions, a few of which have been published and which possess a good degree of poetic fancy and facility of versification. One of them, on the Ancient Pear Tree in Eastham, planted by Governor Prince, attracted the attention of Thoreau, who quoted freely therefrom.
"Two hundred years have, on the wings of time,
Passed with their joys and woes, since thou, Old Tree!
Put forth thy first leaves in this foreign clime,
Transplanted from the soil beyond the sea.
* * * * * *
"That exiled band long since have passed away,
And still Old Tree thou standest in the place
Where Prince's hand did plant thee, in his day,—
An undesigned memorial of his race
And time; of those our honored fathers, when
They came from Plymouth o'er and settled here;
Doane, Higgins, Snow and other worthy men,
Whose names their sons remember to revere."
James Gifford, of Provincetown, has prepared and delivered public addresses which have attracted attention by their felicity of style and fullness of information. That delivered at the dedication of the Provincetown new town hall, in the fall of 1866, was published and read with interest and appreciation. Levi Atwood, of Chatham, has written considerably upon local matters. He published, in 1876, a condensed history of Chatham, occupying several columns of small newspaper type, written in an appreciative and discriminating spirit. Nathaniel Hinckley, of Marston's Mills, besides writing much and ably for the newspapers, and delivering public addresses, has published several political pamphlets, of considerable argumentative force. Benjamin Drew, a native of Plymouth, but connected by marriage with a prominent family of the Cape, and for some years a resident here, has at various times written witty and felicitous verses on local topics, one of which pieces, entitled " Bartholomew Gosnold's Dream," is often quoted for its local hits. As one of these poems refers to the christening of the Cape, a few of its stanzas will be deemed appropriate :
"There sailed an ancient mariner.
Bart Gosnold was he hight,—
The Cape was all a wilderness
When Gosnold hove in sight.
''He saw canoes and wigwams rude,
By ruder builders made,
Squaws pounded samp about the door,
And dark pappooses played.
"The hills were bold and fair to view,
And covered o'er with trees,
Said Gosnold, 'Bring a fishing line,
While lulls the evening breeze.
"'I'll christen that there sandy shore
From the first fish I take—
Tautog, or toadfish, cusk or cod,
Horse-mackerel or hake,
"'Hard-head or haddock, sculpin, squid,
Goose-fish, pipe-fish or cunner,—
No matter what—shall with its name
Yon promontory honor.'
"Old Neptune heard the promise made,
Down dove the water-god—
He drove the meaner fish away
And hooked the mammoth cod.
"Quick Gosnold hauled. 'Cape—Cape—Cape—Cod.'
'Cape Cod,' the crew cried louder ;
'Here, steward ! take the fish along,
And give the boys a chowder.' "
Not only has Cape Cod furnished a considerable contribution of the best literature to the world, but it has been provocative of a good deal of interesting writing from others, in respect to its characteristics, both mental and physical. It is scarcely to be wondered at, that a community so peculiarly situated as this should attract attention and excite curiosity. In 1807, an Englishman named Kendall visited these parts and published a book in which he devoted a liberal share of space to this county. Although it contained nothing very striking, it embodied some interesting and curious information respecting the Cape, at that day, when intercourse with the world was quite infrequent to the mass of the people.
About 1821, Dr. Timothy Dwight, former president of Yale College, published his Travels in New England, in four volumes, a liberal space being devoted to Cape Cod. His book was full of information, and appreciative in that part of it devoted to the Cape. At a later period N. P. Willis wrote for a New York newspaper, and afterward embodied in a book, a series of lively, touch-and-go letters, dealing more particularly with the outward aspect of the Cape. Some of his strictures gave offense and others were more agreeable to the popular taste. Though not profound, this book was exceedingly suggestive and entertaining.
Of all the numerous publications of the nature ever issued from the press, Thoreau's Cape Cod is by far the best, as a literary production, and for genuine appreciation of the grand physical aspects of the Cape, and of the true qualities of its people. Thoreau had a keen relish for quaint and curious phases of character as well as of landscape,
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and his pictures of the "Wellfleet Oysterman " and of other original people revealed the presence among us of striking personalities. His admiration of the Cape is genuine, and his closing page records his conviction that " the time must come when this coast will be a place of resort for all those who wish to visit the seaside." "* * * What are springs and waterfalls? Here is the spring of springs and the waterfall of waterfalls. * * * A man may stand there and put all America behind him."
The Press.—The newspapers of the Cape have been many, and more ability has been embodied in their publication than has always found appreciation—of a pecuniary nature. The first newspaper published in the county was issued at Falmouth, November 21, 1823, by W. E. P. Rogers under the name of The Nautical Intelligencer. It was issued weekly at two dollars per year. In addition to the newspaper, the publishers issued, twice each week, extras containing the marine news and important arrivals at Holme's Hole, for transmission to Boston. The paper also indulged in political speculations, being a strong adherent of Mr. Calhoun for President, for the reasons, among others, that he was "an enlightened friend of Internal Improvements and Domestic Manufactures." This eulogy sounds oddly enough in view of his subsequent course. The paper was printed on a sheet 18 by 25 inches, with four pages, containing four columns each, 16 inches in length. In its first issue there was not a single item of local news except deaths, marriages and ship-news, and it contained twelve advertisements. It did not continue in existence long —probably not more than a year and a half.
Removing his printing and material to Barnstable, Mr. Rogers on April 13, 1825, commenced the publication of the Barnstable County Gazette. The Gazette had one more column on each page than its predecessor, and a rather larger advertising patronage. It paid more attention to local news ; but that was not a newspaper reading age, and its publication was continued not over two years, so far as can now be ascertained.
In 1826, the Barnstable Journal was commenced by Nathaniel S. Simpkins. It was a six-column newspaper, containing a few paragraphs of local news, considerable shipping intelligence, and liberal extracts from the Boston and New York newspapers, also miscellany and moral readings. The Journal attained a good circulation. In 1832 Mr. Simpkins sold out the establishment to H. Underwood and C. C. P. Thompson, who published, for one year, also a semi-weekly paper called the Cape Cod Journal. In 1834 Mr. Underwood became the sole proprietor of the weekly, which in 1837 again passed into the hands of Mr. Simpkins, who removed the plant to Yarmouth, and established the Register.
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The Barnstable Patriot was established by S. B. Phinney, in 183 and was conducted by him until 1869, when he sold out to Franklin Goss and George H. Richards. Subsequently the whole establishment was acquired by Mr. Goss, who now conducts it, in connection with his son, F. Percy Goss. The Patriot, during Mr. Phinney's connection with it was an active and aggressive democratic sheet. Some time after Mr. Goss's assumption of the management it espoused the republican cause, in which it still maintains a lively interest. During Mr. Phinney's proprietorship of the newspaper, Hon. Henry Crocker was a frequent editorial contributor, mostly of political articles. In 1861 the late Amos Otis contributed a series of articles entitled Genealogical Notes of Barnstable Families, which have been republished as an extra sheet, and bound in a book form by Mr. Goss, edited by C. F. Swift, who also wrote a continuation of the sketches. The Patriot is now the oldest journal published in the county. In 1851, the Sandwich Mechanic was for one year issued at the Patriot office.
December 15, 1836, the first number of the Yarmouth Register was issued by N. S. Simpkins, publisher. The plant of the Journal has been purchased by Messrs. John Reed, Amos Otis, N. S. Simpkins, Ebenezer Bacon and Edward B. Hallet. Mr. Simpkins was assisted in the editorship by contributions from Messrs. Caleb S. Hunt and Amos Otis. The paper, besides being a local journal, was designed to champion the cause of Hon. John Reed, the member of congress from this district, and to oppose the Jackson and Van Buren dynasty, which was rather obnoxious in this county. The controversies with the Barnstable Patriot which followed, were exceedingly bitter and personal, on both sides. In 1839 Mr. Simpkins retired from the man agement of the paper and was succeeded by William S. Fisher, who was a printer by profession, and who infused considerable vigor in its management. In 1846, the present manager, Charles F. Swift, became connected with the management of the Register, as co-partner with Mr. Fisher, and in 1849 became sole editor and publisher. During the last forty years the conduct of the paper has been in his hands, with assistance successively by his four sons, Francis M., Frederick C., Theodore W., and Charles W. Swift. The Register, which was originally a whig journal, and supported Webster, Clay, Taylor a Scott for the presidency, had always been strongly anti-slavery in proclivities, and in 1857 warmly espoused the cause of the republicans, which it has ever since supported, with earnestness and without reservation. The Register has also paid much attention to questions social reform and general and local history.
The Sandwich Observer was first issued in September, 1845, by George Phinney. It was a 24-column folio, 24 by 36 inches, and was devoted to general and local news and miscellany. Dr. John Harper
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and C. B. H. Fessenden were special contributors to its columns. The Observer attained a fair patronage, being neutral in politics and having the support of all the political parties, but the field was at best a limited one, and in August, 1851, Mr. Phinney removed his establishment to North Bridgewater (now Brockton) where he founded the Gazette of that town.
A monthly newspaper called the Cape Cod News, was issued in Provincetown, though printed elsewhere, the first number bearing date of June, 1856, A. S. Dudley and Rufus Conant publishers. But few numbers were issued.
The Provincetown Banner was issued in 1855, by John W. Emery, editor and proprietor. It was a 24-column journal, republican in politics, somewhat radical in its tone. It was published until 1862, when it was discontinued and the material removed from town.
In August, 1857, the Atlantic Messenger was established at Hyannis, by Edwin Coombs. It was a 26-column journal, 21 by 20 inches; price $1.00 per year. It was devoted to anti-slavery, politics and social discussions. It was once or twice discontinued and started again. But the encouragement received by the proprietor was not sufficient to sustain the enterprise, and the concluding number was issued about the year 1863.
January 2, 1862, the first number of the Cape Cod Republican was issued at Harwich, by John W. Emery, formerly of the Provincetown Banner, the printing office of which journal had been removed for the purpose. It was in style and make-up similar to the Banner. In 1864 its publication was discontinued and the editor obtained employment in Boston. In 1864 Mr. Emery returned to Harwich and started the Harwich Press, a paper similar to the Republican. In less than a year he abandoned the field, and removed to Minnesota. The list of the Press was sold to the proprietor of the Yarmouth Register.
The Provincetown Advocate was issued in 1869, by F. Percy Goss, publisher. Dr. J. M. Crocker was editor for about seven years, when Mr. Goss assumed the editorial charge, and conducted the paper for three years longer. In 1879 H. S. Sylvester, now of the Boston Record, purchased an interest in the paper and conducted it for a year, disposing of his interest to N. T. Freeman, who acquired Mr. Goss's interest also. In December, 1886, the establishment was purchased by Howard F. Hopkins, who has since been its publisher. His brother, Judge James H. Hopkins, has edited the sheet from the first.
In November, 1870, the Provincetown News, a 32-column republican newspaper, was issued by J. H. Barnard & Co., with J. Howard Barnard, editor. The price of the paper was $2.50 per year, in advance ; $3.00 after three months. At the end of four months the enterprise was given up, and the list transferred to other newspapers.
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The Chatham Monitor was first issued October 1, 1871, at the Patriot office, Dr. Benjamin D. Gifford being the editor. It was devoted to local and general news, and was republican in politics. In 1873 Levi Atwood assumed the editorship. Mr. Atwood had previously been a contributor to other county journals, and was well known as a writer of pith and vigor. The Monitor is still continued under his editorship.
The Cape Cod Bee was issued in 1880, at the Patriot office, F. Percy Goss, publisher. It is a local journal, being more especially devoted to Wellfleet affairs. In politics it is republican.
About 1872 Messrs. J. H. Nickles and William C. Spring started the Sandwich Gazette, which was afterwards merged with the Falmouth Chronicle, which Mr. Spring had started in 1872. Henry Jones was the Falmouth editor. Mr. Spring for some time continued the paper, under the style of Gazette and Chronicle. In October, 1873, F. S. Pope took the plant of the Chronicle, and established the Seaside Press, devoted to the local interests of Sandwich and Falmouth. J. H. Stevens was editor, and Mr. Jones continued in charge of the Falmouth department. In 1880, Mr. Pope sold out his interest to F. H. Burgess, who changed the name to Weekly Review, with Benjamin Cook as editor for a time. In 1884, Mr. Burgess sold out his interest to George Otis, and the list was merged with the Cape Cod Item.
The Harwich Independent was established in 1872, by Goss & Richards, of the Patriot, the paper being printed in Barnstable. The local department was put in type at a job office which the publishers had set up in Harwich. The editorial writing for the first few years was by Mr. Wilcox, Josiah Paine and Dr. Geo. N. Munsell. In 1880 Alton P. Goss purchased the establishment, added a press and other machinery, and put the paper on a prosperous basis. The leanings of the paper are towards republicanism, but the Independent is more especially a local journal, in which field it has achieved a good degree of success.
The Cape Cod Item was started July 11, 1878, at Yarmouth Port, by George Otis. It was gradually enlarged, and is now an 8-page journal, issuing a single or double supplement a portion of the year. It was at first devoted to local and general news, and has a large circulation and advertising patronage. In 1889, William P. Reynolds, Esq., was associated with Mr. Otis in the editorship, and the paper now espouses the republican cause.
The Mayflower was a miscellaneous and story journal, published by George Otis of the Item, from 1881 to 1889. It had a large circulation, but the price—50 cents per year—was inadequate to the cost of production, and its list was merged in the Yankee Blade, of Boston, in June, 1887. The Ocean Wave, an eight-page weekly, was issued by George Otis from October, 1888, to May, 1889.
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The Sandwich Observer (the second publication by that name) was issued in 1884, being printed at the Patriot office, and edited by Ambrose E. Pratt of Sandwich. Mr. Pratt was succeeded about 1887, by Frank O. Ellis, who still has charge of the publication. It is more especially devoted to the interests of the towns of Sandwich and Bourne, and is republican in politics.
The Falmouth Local was established by Lewis F. Clarke, who issued the first number, March 11, 1886. It was a three-column folio, printed one page at a time on a job press in the building now the Continental shoe store. At the close of 1887 it had been enlarged, located in a new office, and was being run as a seven-column folio, from a steam-power cylinder press. Since December 8, 1887, Ambrose E. Pratt of Sandwich, has been the editor. George S. Hudson was the printer in charge from September 1, 1886, until July, 1888, when Thomas Brady, a practical printer and pressman, became manager of the press and composing department. It is issued at Falmouth as an eight-column folio, devoted to the local news interests of the several towns of the upper Cape in which it has a fair patronage.
The Barnstable County Journal was issued for four years from January, 1886, by James B. Cook. It was a 32-column folio, published at $1.50 a year. In politics it was democratic—the only newspaper of that faith in the county of Barnstable.
February 17, 1887, William R. Farris, George R. Phillips and Charles H. Crowell issued the first number of the Cape Cod News, at South Yarmouth. It was a small twenty-column paper, devoted to local intelligence. In July, 1888, the list was sold to George Otis and absorbed by the Item.
Two later candidates for the favor of newspaper readers—the Wellfleet News and the Sandwich Review were issued November 12, 1889, by the proprietor of the Item. They are eight-page papers, devoted to miscellany and the local news of the respective towns. The News is written up by Mrs. A. H. Rogers and the Review by N. E. Linekin.
Besides the news journals, several monthly publications have been issued by the pupils of the public schools. The Academy Breezes was for two or three years issued by the scholars of the Sandwich High school. For about six years, the pupils of the Harwich High school have published a little sheet called the Pine Grove Echoes. The pupils of the Bourne High school, since April, 1888, have issued monthly, the High School Graphic, a sheet containing many creditable articles. These publications have developed a considerable degree of writing ability, and are doing a good work in their special fields.