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Oct 19, 2021
Franklin County (MA) News Archive
The Franklin County Publication Archive Index

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Article Archives: Articles: Law and Lawyers

Showing 25

Posted by stew - Wed, Feb 24, 2010

Gazette & Courier - Monday, September 20, 1875
The first colored Senator Reverend H.R. Revels



The first colored Senator Reverend H.R. Revels [Hiram R. Revels] - A correspondent of the Cincinnati Commercial writes from Holly Springs, Mississippi, as follows concerning ex-Senator Revels, now a Methodist minister near there: "When we entered the door of the plain white frame meeting house, it was filled with worshipers. The Pastor is held in high esteem by his flock at home.

He is both law maker and shepard [i.e. shepherd], statesman and preacher. His party has put an "Hon." [Honorable] before his name, and a college of his church has put a "D.D." [Doctor of Divinity" behind it. He cane home from Washington City as pure as he went,which cannot be said of every white Senator [or ANY Senator these days]...



Pastor Revels is a man of about 30, rather below medium height, with wide perceptive faculties, and a face remarkably bland and winning. He is a light mulatto,with eyes tinged with blue. He is comely, graceful and dignified, and in manner as polite as Chesterfield, without the least affectation.

His voice is strong and rich of accordant tones, his modulation distinct, his sentences models of compact English. You can almost see his punctuation points as he speaks, so exactly measured and as symmetrical as his diction. His gestures are mostly with the forearm, hand and finger, as if he would paint on canvas every shade of his meaning, and touch delicately every color of flower in his rhetoric.

There is no bombast, no trick of syllable or scare of sound. He just talks to you right out in an earnest, straightforward way, and you are arrested, interested, affected and helped by what he says. All this from a farm chattel - a United States Senator, a self-made man.

But he is far in advance of his race. He is a pioneer. Well might his colored substitute in the pulpit, a preacher black as ebony, referring to Pastor Revels in his public prayer, beseech blessings upon the head of "de old, leader of the army". We "heard a white amen to that. And he has an army of a congregation!"

It is much above the average in intelligence, and the order and attention excellent. The Pastor’s influence over the people is marvelous. He can sway a thousand people by a gesture or a word. He said to us that strange as certain demonstrations might seem, it was paradise in order and sweetness to what it had been in former days.


 

Subjects: African-Americans / Blacks, Art, Education, Eye, Farmers & Farming / Flowers, Government, Law and Lawyers, Literature / Web Pages, Noise, Politics, Racism, Religion, Scandals, War / Weaponry, Words, Work

Posted by stew - Fri, Feb 12, 2010

Gazette & Courier - Monday, September 20, 1875
Shelburne Falls

Shelburne Falls - S.D.Bardwell, we are glad to learn, has been recommended as Trial Justice. All law breakers will please take notice.
 

Subjects: Courts, Crime, Law and Lawyers, Shelburne and Shelburne Falls (MA), Work

Posted by stew - Mon, Jan 18, 2010

Gazette & Courier - Monday, September 20, 1875
News of the week

The government won its first suit against the whisky [i.e. whiskey] ring at St. Josephs, Mo. Sat., when John Shenan was convicted; he had pleaded guilty, however the penalty in this case is not less than 2 year's imprisonment, and not less than $5,000 fine. Shenan's case is regarded at the Treasury Dept. as a type of those to follow, the evidence in possession of the government in this class of cases being of the same character.
 

Subjects: Courts, Crime, Criminals, Economics, Government, Law and Lawyers, Prisons

Posted by stew - Mon, Feb 23, 2009

Gazette & Courier - Monday, September 20, 1875
Oration of Hon. George B. Loring at Bloody Brook, Sept. 17, 1875

Oration of Hon. George B. Loring at Bloody Brook, Sept. 17, 1875 - Fellow citizens: 200 years ago an event occurred on this spot, which on account of its significance and its touching details, has passed into that long heroic line over which the mind of man is compelled to pause and ponder...At the name of Bloody Brook the men, women, and children of New England started and held their breath in horror, in that primeval time when the sickening tidings were borne on the wings of the wind as it were from hamlet to hamlet...

The sad event of the 18th of September 1675, calls upon us still to remember the trials through which our fathers passed and to rejoice over that fraternal spirit which bound them together in their day of sorrow, and watered the soil of this charming valley with the choicest blood of the sons of Essex. I stand on ground made sacred to you by the sacrifices of your hardy and devoted progenitors; but I meet here the names of Lothrop and Stevens and Hobbs and Manning and Dodge and Kimball and Trask and Tufts and Mudge and Pickering, of the three-score braves who died that you might possess this goodly land and these pleasant homes...

How would they who were familiar with the cruel warfare of the savage; whose ears had heard the shrieks of the tortured mother mingling with the groans of her dying child, and whose eyes had beheld her fear, her patience and her despair; whose highway was an Indian trail, and whose home was a frontier block-house - how would they rejoice over these sunny fields, these laughing harvests, these busy towns, these tasteful homes, this cultivated landscape adorned with these institutions of learning and religion; and how would they count their own sufferings but small when compared with the manifold blessings which have descended upon the spot made sacred with their blood?

...Deerfield two centuries ago, was on the very confines of civilization - one of the outposts of a feeble Christian people, who had hardly a foothold on this continent, and between whom and the strongholds of power and wealth and learning, rolled 3000 miles of stormy and almost unknown sea. The fate of a great and wide spread empire rested then in the hands of a few colonists scattered along the Atlantic seaboard, divided in interests and tastes, perishing continually from exposure and want, not all actuated by the highest motives, but all recognizing, as by an unerring instinct, the fundamental principle out of which was to grow the American government, and all in danger of being exterminated at any time by the "pestilence which walketh in darkness and the destruction which wasteth at noonday".

Scattered up and down the great extent of territory stretching from the Passamaquoddy Bay to the capes of Florida were but about 200,000 souls, of whom Massachusetts, with Plymouth and Maine, may have had 44,000; New Hampshire and Rhode Island, with Providence each 6000; Connecticut from 17,000 to 20,000; that is, all New England, 75,000...

These people had come largely from that "Germanic race most famed for the love of personal independence". They were not men of high estate, but they were men who possessed an inherent love of land, with all the individual honor and freedom which go along with it...

Of one colony said "Spotswood, a royalist, a High churchman, a traveler", "I have observed here less swearing and profaneness, less drunkenness and debauchery, less uncharitable feuds and animosities, and less knaverys and villanys than in any part of the world where my lot has been"...

In all their customs they were obliged to exercise the utmost simplicity and they voluntarily regulated their conduct by those formal rules, which, in their day, constituted the Puritan’s guide through the world. We are told, as an illustraton of their character and manners, that by the laws of the Plymouth Colony, in 1651, "dancing at weddings was forbidden". In 1660, one William Walker was imprisoned one month for courting "a maid without the leave of her parents".

In 1675, because "there is manifest pride appearing in our streets", the "wearing of long hair or periwigs", and so "superstitious ribands, used to tie up and decorate the hair were forbidden under severe penalty"; the keeping of Christmas was also forbidden "because it was a popish custom". In 1677 an act was passed "to prevent the profaneness of turning the back upon the public worship before it was finished and the blessing pronounced".

Towns were directed to erect a cage near the meeting house, and in all this all offenders against the sanctity of the Sabbath were confined. At the same time children were directed to be placed in a particular part of the meeting house, apart by themselves, and tything-men were ordered to be chosen, whose duty it shall be to take care of them. So strict were they in their observance of the Sabbath that "John Atherton, a soldier of Col. Tyng’s Company", was fined 40 shillings for wetting a piece of an old hat to put into his shoes, which chafed his feet on the march; and those who neglected to attend meeting for 3 months were publicly whipped.

Even in Harvard College students were whipped for gross offenses in the Chapel, in presence of students and professors, and prayers were had before and after the infliction of the punishment. As the settlers of Deerfield are described as being of "sober and orderly conversation", we may suppose that these laws and customs were here rigidly enforced.

[Here follows a section on "subsistence and diet of your ancestors". Also talks about how they were good farmers, fishermen and readers]...

...Possessed evidently of a common origin, for "between the Indians of Florida and Canada the difference was scarcely perceptible", they were divided into tribes, which differed from each other mainly in their fighting capacity, and the vigor with which they roamed from place to place; and they were liable at any time to be swept off by disease, or exterminated by war, or absorbed by other and more powerful tribes.

In language, the North American Indian was limited by the material world, an abstract idea finding no birthplace in his brain and no expression on his tongue. "In marriage the Indian abhorred restraint, and from Florida to the S. Lawrence polygamy was permitted". Divorce meant merely desertion. The wife was a slave. Domestic government was unknown. The Indian youth grew up a warrior, adorned with vermilion and eagle’s feather, as fleet of foot as the deer, and as tolerant of hunger as the wolf; the Indian girl grew up a squaw, degraded and squalid and servile.

A rude agriculture, resulting in a weedy corn crop, and a few squashes and beans, was the Indian’s, or rather the Indian woman’s occupation; he had neither trade nor manufactures. "There can be no society without government; but among the Indian tribes on the soil of our republic, there was not only no written law - there was no traditionary [sic] expression of law; government rested on opinion and usage and the motives to the usage were never imbodied [sic] in language; they gained utterance only in the fact, and power only from opinion...

The Indian had a government without laws; a State without institutions; a church without faith, or creed, or head; a town without schoohouse or meeting house; a punitive system without jails or gibbets; a history based on tradition; a religion based on superstition; he was ignorant of the ownership of land; and knew nothing of a system of inheritance.

As in peace he was an idler - so in war he was a marauder. An organized army was to him unknown. He fought in small bands, seldom over 50 in number, to surprise and slaughter. He pursued, and killed, and scalped. He had neither commissariat nor hospital. He fought his enemy in the rear and in ambush; and he tortured and roasted and devoured his captives. These were the national characteristics which our fathers found on this continent.

Nor did their attempts to modify and humanize and Christianize them meet with much success. The Indian could be tamed, but he was the Indian still...Neither John Eliot nor Roger Williams was able to change essentially the habits and character of the New England tribes..."They are unspeakably indolent and slothful; they deserve little gratitude; they seem to have no sentiments of generosity, benevolence or goodness".

The Moravian Loskiel could not change their character...In New Hampshire and elsewhere schools for Indian children were established; but as they became fledged they all escaped, refusing to be caged. Harvard College enrolls the name of an Algonquin youth among her pupils; but the college parchment could not close the gulf between the Indian character and the Anglo American.

The copper colored men are characterized by a moral inflexibility, a rigidity of attachment to their hereditary customs and manners. The birds and brooks, as they chime forth their unwearied canticles, chime them ever to the same ancient melodies; and the Indian child, as it grows up, displays a propensity to the habits of its ancestors...

The trouble lay deeper. Year after year the Indian discovered an irreconcilable difference between himself and the stranger...When he entered the home of the settler, he discovered that the joys of the fireside could never be found in the group squatted beneath the shelter of the wigwam. He felt the antagonism - and his soul burned within him. The strife was not for land...It was for supremacy. And as revenge is stronger than ambition, and hate is stronger than avarice, so the war raged with unspeakable fury, and was as cruel as the passions of a desperate savage could make it.

The great contest which grew out of this antagonism, and lasted more than a year, unabated either by the heat of summer or the frosts of winter, threatening destruction to the New England colonies, was known as Philip’s War. With the story of this conflict you are all familiar. The peaceful death of Massasoit at a good old age, after a long life of friendly relations with the Plymouth and Massachusetts Bay colonies; the sadder death of his son Alexander, worried out of life by the failure of his intrigues against the colony, and the exposure of his meanness and his crimes; the gradual development of the worst of passions in the breast of Philip, and his passage from treachery to war are all fresh in the memory of all who have traced the hard path which our fathers traveled in the work of settling these shores.

The war which began in Swanzey on the 24th of June, 1675, reached this spot on the 18th of September - three months of murder, and fire, and all the bloody horrors of savage warfare. At the time the war broke out Deerfield had been settled 10 years, or had been deeded for the purposes of settlement to John Pynchon that length of time. It was then, as it is now, one of the most delightful spots in New England...

http://images.nypl.org/index.php?id=808204&t=w

And here in the luxurience of that natural beauty, and in the wealth of wood and stream, the Indian found his favorite resort. In this town and in the towns of Hadley and Hatfield he mustered a numerous and a powerful tribe. And upon these lands purchased by the settlers, with titles confirmed by the court, the whites and Indians lived together in peace for years. It is amazing with what rapidity the war, once opened, spread from village to village, and from tribe to tribe in this wilderness...

The Pocumtucks had received their orders - and in a day had stepped from the blessings of peace to the misery of war. having promsied to deliver up their arms, on suspicion that they might misuse them, they broke their promise, fled to Sugar loaf Hill, engaged with Captains Beers and Lothrop commanding the English here, lost 26 of their number, and then sought shelter under the standard of King Philip...

Deerfield too was abandoned; and the attempt to secure a quantity of wheat which had just been partially threshed by the farmers there before their flight, resulted in the massacre which still thrills me with horror, and the anniversary of which we have met to commemorate...From behind hundreds of trees the savages poured their deadily [sic] fire. At the first volley many were killed, and the remainder were panic stricken...Lothrop...was among the first to fall. The savages, numbering nearly 700, "rushed upon the defenceless men, and the work of slaughter was soon complete.

But 6 or 7 Englishmen escaped to tell the tale, of whom one had been shot and tomahawked and left for dead, and another forced his way through the yelling ranks of the savages with the but [sic] of his musket...

While the Indians were employed in mangling, scalping and stripping the dying and the dead, Captain Moseley, who, as has been observed, was ranging the woods, hearing the report of musketry, hastened by a forced march to the relief of his brethren. The Indians, confiding in their superior numbers, taunted him as he advanced, and dared him to the contest. Moseley came on with firmness, repeatedly charged through them, and destroyed a large number with the loss on his side of but 2 killed and 11 wounded...

A quantity of bones lately found in that quarter is very probably the remains of the Indians who fell there at the close of the action. The united English force encamped for the night at Deerfield. They returned in the morning to bury the dead and found a party of the Indians upon the field stripping the bodies of their victims. These they quickly dispatched, and the remains of the brave young men, or some portion of them, were committed to the earth near the spot which we have this day consecrated anew to their memory.

The stream on whose banks they fell, and whose water ran red with their blood, has been called from that day, in memory of the disaster, Bloody Brook...[Two more entire columns follow, but they are quite blurry and unreadable].
 

Subjects: Archaeology, Barber / Hair, Birds, Business Enterprises, Cemeteries, Children, Connecticut, Connecticut River, Courtship, Crime, Criminals, Dance, Deerfield (MA), Diseases, Divorce, Drunkenness, Economics, Education, English (and England), Eye, Family, Farmers & Farming / Flowers, Fires, Fishes and Fishing, Food

Posted by stew - Sun, Feb 22, 2009

Gazette & Courier - Monday, September 13, 1875
Conway



Conway - A tramp attempted to enter the house of one of our citizens, through the window, 2 or 3 days since, while the parents of the girls left alone were absent attending a relative's funeral. Instead of the croquet mallet and ball our young ladies must learn the use of fire arms, for their own protection, in these perilous times where the law is found insufficient.
 

Subjects: Conway (MA), Crime, Criminals, Family, Glass / Windows, Law and Lawyers, Mourning Customs, Robbers and Outlaws, Sports, Toys, Tramps, War / Weaponry, Women

Posted by stew - Sun, Feb 22, 2009

Gazette & Courier - Monday, September 13, 1875
Hoosac Tunnel

Hoosac Tunnel - The enlargement of the little tunnel, to meet the requirements of the increased travel, was begun Mar. 1, and it is hoped to finish the work in two months’ more. The objects of the undertaking are to lower the grade 8 ft., to widen the roadway so as to accommodate two tracks, and to alter the direction in order to lessen the sharp curves of the road at both approaches.

The new tracks will curve slightly through the tunnel, and the curves at the entrances will be reduced. The new width at the level of the tracks will be 24 ft. B.N. Farren took the contract for the whole job and sublet the work of deepening, which requires an excavation of 10 ft., to Michael Ryan of New York. Mr. Ryan is now setting an 8 horse power steam engine and will begin running it for hoisting and for the steam drill next week.

Mica powder is used in the sides and roof, and glycerine in the bottom. The debris is taken seven or eight miles down the road and used for rip rapping. The rock is mica slate and needs no arching.

The Governor and Council are about closing another contract with B.N. Farren to continue the work on the big tunnel under the appropriations of the last Legislature. The old and new contracts amount together to about $600,000. The work is progressing at the rate of about 275 feet a month, and consists of enlarging, both in width and height, and arching with brick where the stone is soft and liable to fall.

Mr. Farren found the bore 24 ft. wide and 20 ft. high, and leaves it 30 ft. wide and 23 high. The work will probably be done in about a year from now, it being expected that the new appropriation will finish it up...

[One more long article follows, containing reports on budget items].
 

Subjects: Economics, Government, Hoosac Tunnel (MA), Horses, Law and Lawyers, Recycled Products, Trains, Transportation, Work, Architecture / Construction

Posted by stew - Sun, Feb 22, 2009

Gazette & Courier - Monday, September 13, 1875
South Deerfield

South Deerfield - The report of the fire, as given by the Springfield Republican on Mon., was anything but satisfactory to the "Law Abiding Citizens", their item in Tuesday's paper to the contrary notwithstanding. The insinuation that Mr.Mulligan allowed a set of roughs to come up on the train, who created "so much disturbance", the citizens do not believe.

On the contrary, we are requested to say that they are very grateful to Superintendent Mulligan and the company which came with him, for the very prompt manner in which they responded to the call for aid, notwithstanding they did not get here to render much aid, they did manifest a disposition, for which they have the hearty thanks of all Law Abiding Citizens". [Very blurry section follows]

Then the insinuation that the Irish were more drunken and disorderly than any other class is a mistake, perhaps not purposely. On the other hand there were many Irish [?] as they always have on such occasions in this place. As for the liquor flowing freely we will say nothing, as judging from the report we presume the said reporter knew better about that than the "Law Abiding Citizens" [more blurriness - sorry]. Law Abiding Citizen.
 

Subjects: Accidents, Criminals, Deerfield (MA), Drunkenness, Fires, Gangs, Hampshire / Hampden Counties, Irish, Law and Lawyers, Liquors, Literature / Web Pages, Racism, Trains, Transportation

Posted by stew - Sat, Feb 21, 2009

Gazette & Courier - Monday, September 13, 1875
Court record

Court record - The fifth week of the Superior Court continued the business of the term, beginning Tues. with the following trials before the court:

John O’Donnell vs. Bartholomew Reardon & Trustees - Finding for the plaintiff, amount $68.68, and the charging of the Trustee (the Keith Paper Co.) with $76.07...Erastus Cowles vs. Edwin A. Ball - This was an action of trespass, wherein the plaintiff alleged that the defendant, who, being a highway surveyor, had, in repairing the highway on Deerfield Meadow, trespassed upon the plaintiff’s land, plowing into the Broughton Pond road, a turf embankment some 3 ft. wide and 68 rods in length.

Also, by removing a stone at the western terminus of the road. The question at issue being the true location of the northern line of said road. The defendant claimed that he had not exceeded the original limits of the road, which was laid out in 1796. The case developed the fact that the race of old men were not yet extinct, and the remembrances of the greater portion of Deerfield were required on the pros and cons of the matter in dispute. Finding for the defendant...

Henry Couillard vs. Elihu Smead - This was an action by the plaintiff, as tax collector of Shelburne, to recover $33.85, being a tax assessed in 1871. The defendant claimed that the tax had already been paid by J.B. Whitney, who, acting as his agent, handed the plaintiff the money in the yard of his livery stable at Shelburne Falls, and moreover, fixed the date as Apr. 29, 1871.

The circumstances attending the alleged payment were detailed by Mr. Whitney, while the plaintiff, while testifying that at the date named he was at Winchester N.H., engaged in the joint occupation of "courting a woman and trading horses", succeeded in raising an issue of fact, which, after a subsequent attempt by the plaintiff’s side to show the true status of the witness Whitney, for truth and veracity, and the counter attempt of the defense to discredit Couillard on the same ground; the truth might be said to indeed be "trembling in the balance". Finding for the plaintiff, amount $40.78...

The inhabitants of Leverett vs. the inhabitants of Rowe - This was an action to recover for money expended by the town of Leverett in assisting a pauper by the name of Rice, and whom it was claimed, had a legal settlement in the town of Rowe. The circumstances of the case were quite peculiar. One of the ways by which a person gains a settlement in a town is by the possession and residence on an estate of freehold for 3 years.

A settlement once gained of course continuing until a new one is gained elsewhere. In this case, Mr. Rice owned and lived upon a place in Rowe, but a few days previous to the expiration of 3 years he returned the deed of land to the original grantor, who then conveyed the property to a new party. Mr. Rice continued to live upon the land for some few weeks after giving up the deed as mentioned.

The new party who took the property did not take possession; neither did the original grantor exercise any act of ownership except the mere transferring of the deeds till after the expiration of 3 years. The question arises whether the fact of giving the deed back by Rice to his grantor, did moderate the circumstances, divest Rice of his seizin of the freehold. If not, of course he gained a settlement; while if the residence or the seizin were cut short by a few days, the statute would not be complied with and the town would not be liable. The point raised was so peculiar that the Judge reserved his decision...

Lucius Smith vs. Austin Drake, appt. The case came up on appeal from a magistrate’s findings. The court found for the plaintiff and assessed damages of $7.42...

The following cases were disposed of by judgment without trial: Samuel B. Fletcher vs. Henry Herring - This case has stood upon the docket for a long time, having been tried by a jury in 1873. It was settled on agreement by a verdict for the plaintiff, amount $19...Moses Stebbins vs. Jasper Gillett - This was another of the old cases consisting of many items of an account with offsets. Judgment was granted on award of referee...Edward H. Fitts vs. Samuel Sugland - Judgment on award of referee for plff. Damages, $4. Each party to pay their own cost...

Turners Falls Lumber Co. vs. David A. Wood - This was an action on 2 promissory notes, one of $1200...and the other of $518...Judgment for plaintiffs on both...Edwin Pierce et al. vs. Levi A. Bates Jr. et al. Judgment for plaintiffs against Bates for account of $52.50...Edwin Pierce et al. vs. Allen Mansfield - Judgment for plaintiff on a promissory note...for $58...

William L. Bradley vs. Edward Barney - Judgment for plaintiff on a promissory note...for $212...Bradley Fertilizer Co. vs. Edward Barney - This was an action on a note given by George Fuller of Deerfield, upon which the defendant was sued as surety, for $300. Judgment for plaintiff on the same...

Asa C. Lewis vs. Lorenzo D. Joslyn appt. Judgment for plaintiff, amount $30...Nathaniel Holmes et al. vs. Stephen L. Pratt - Judgment for plaintiff on note...for $59.10, upon which $40 had been paid before suit. William R. Armstrong vs. R.L. Goss. Judgment for plaintiff...for $400...Nathaniel Holmes et al. vs. Thomas Lap[?]. Judgment for plaintiff for $11...

George W. Potter et al. vs. R.J. Goss. Judgment for plaintiff on 2 notes, one for $732 and another for $82.89, also an account of $319. Total, $1134.52. Frank L. Eldridge vs. R.L. Goss et al - Judgment for plaintiff on note, amount $350...In the case of S.L. Shattuck et al. vs. George Jones, in which a verdict for plaintiff was given by the jury, a motion was filed for a new trial. But the motion has been overruled.

The docket has been well cleared of old cases this term, some 40 being settled out of court, to which no reference has been made in our reports. Judge Aldrich has earned the thanks of suiters by his persistent labors in holding this, the longest term of the Superior Court, known for many years. The court adjourned for the term Fri...The law term of the Supreme Judicial Court will begin Sept. 28, with the full bench.
 

Subjects: Animals / Reptiles, Business Enterprises, Courts, Courtship, Crime, Deerfield (MA), Economics, Government, Greenfield (MA), History, Horses, Law and Lawyers, Leverett (MA), Montague (MA), New Hampshire, Old Age, Outhouses, Poor, Rivers / Lakes / Oceans, Roads, Shelburne and Shelburne Falls (MA), Turners Falls (MA), Vendors and Purchasers, Work, Rowe (MA)

Posted by stew - Sat, Feb 21, 2009

Gazette & Courier - Monday, September 13, 1875
A man murdered in Coleraine

A man murdered in Coleraine - He is killed and robbed by two young ruffians - It is now 8 years since Simeon Peck killed Miss Cheney at Griswoldville, and Coleraine is again the scene of a tragedy, which in all its details has never had a parallel in the criminal annals of the County. The victim of this terrible crime is Joseph R. Farnsworth [i.e. Joseph Riley Farnsworth], known among his townsmen as "Riley", a quiet, inoffensive man, who dwelt with his wife and two children on his mother’s farm, on what is known as "Catamount Hill", some 2 miles and a half from Shelburne Falls.

The circumstances of the affair are these: On Tues. last Farnsworth, who served in the late war, went to Greenfield to be examined by a surgeon, as required, before making out an application for pension. He went back to Shelburne Falls on the train, and at the office of H.M. Puffer Esq., had his pension paper made out. When this business was finished, he started for home, getting a chance to ride with Levi Davenport, a neighbor.

They rode together until they came to the fork of two roads which led to the mountain. Farnsworth took the road up the ravine on the easterly side, while Davenport went the other way to his home. It had by this time begun to grow dark, and Farnsworth pushed along alone through a wood and came to a place where the road separates, a path leading up to Jack Woodard’s on the one hand and to his mother’s place on the other.

At this point someone steps suddenly from the cover of bushes by the roadside and, without a word of warning, strikes him a blow upon the forehead with a stick which prostrates him upon the ground. The blow is followed up with others or with kicks, until the man’s head is covered with ghastly wounds. He is then robbed of the few dollars which he had in his pocket book.

Farnsworth was not long wholly unconscious. Within half an hour he must have rallied sufficient strength to get upon his feet, and staggering and frequently falling, he made his way home, some one hundred rods distant, and which he reached by half past 7. He was able to tell his mother and a neighbor present a part of what had happened, and Dr. Canedy of Shelburne Falls was immediately sent for.

He arrived in the evening, but found the man so badly wounded there was little that could be done for him. Farnsworth could not tell who struck him, and becoming unconscious, he lingered until about 10 o’clock Wed. morning, when he died.

The news of the affair had by this time spread over the town, and efforts made to ascertain who were the perpetrators of the crime. Suspicion soon rested upon two young men who live in the vicinity, and who had not been seen since the murder. These were Daniel Dwight, a son of Josiah J. Dwight, and Herbert Davenport, a son of widow Roxana Davenport, and a nephew of the murdered man.

The former is 19 years of age and the latter 18, and both had borne a hard name among the people of the town. Going to the scene of the assault, a heavy print of a shoe was found, where the desperado stood when he gave the murderous blow, and a few feet in front was found the pool of blood which flowed from the wounds of his victim, and a bloody trail was made by Farnsworth as he rested and stumbled home.

Not far from his place a hickory stub was found where the stick, about an inch in diameter, had been cut; and in another direction the stick itself was discovered, which corresponded with the stub, and which had been thrown away after the assault. The stick, which is in the possession of one of the officers, was evidently cut by a left handed person. Dwight is known to be left handed.

It seems that the two boys had been to Farnsworth’s house the afternoon that he was away, borrowed fifty cents from his wife, all the money that she had - they agreeing to pay her back before the time of the county fair, when she wanted to spend it. They also took away a cheap watch which belonged to Farnsworth.

Before going to Greenfield Farnsworth had made known his errand to the neighbors, and the boys probably thought that he was going to bring home his pension money and so made their plans to waylay and rob him. But the money Farnsworth had on his person could not have exceeded 2 or 3 dollars. There had been ill feeling between the boys and Farnsworth before. He had not got along happily with his wife, being frequently jealous, it is thought by some, without cause, and the fellows had taken her part.

They have been heard to threaten him on her account. Dwight, who was married and lived with his wife in a house on his father’s farm, took away with him two suits of clothes, but young Davenport is not known to have carried away only such clothes as he happened to have on, and left behind a little money and a bank book.

Wed. aft. upwards of 50 men were out scouring the woods of Coleraine, Whitingham and Heath, under Officers Henry A. Howard of Coleraine and Deputy Sheriff [?] S. Frost of Shelburne Falls, and the search by some of the party was kept up all night, but was fruitless. Dwight and Davenport are both familiar with the woods for miles around, having hunted and roamed over them together.

http://www.franklins...hotossmcleodpond.php

It was thought that perhaps the fugitives had gone in the direction of North Adams, and an officer was sent there Thurs. morning, while the general search was partly abandoned. Though the young ruffians may evade their pursuers for a while, it is hardly possible to make a successful escape. Their photographs and descriptions will be sent broadcast. The Selectmen have offered a reward of $500 for their recovery, and mean to bring them to justice.

As there is no coroner in the vicinity, S.D. Bardwell Esq. of Shelburne Falls, as a Justice of the Peace, summoned a jury to view the remains. The jury consists of Hezekiah Smith, C.W. Shattuck, A.A. Smith, Thomas D. Purrington, H.C. Millington and Russell J. Smith. They visited the scene of the murder Wed. aft., and will meet again today, when probably a verdict in accordance with the facts we have related will be rendered.

Farnsworth’s funeral took place Thurs. morning and was largely attended by the people of the town. Rev. Mr. Cole, the Methodist clergyman of Coleraine, conducted the services. Farnsworth leaves a boy of 9 and a girl of 7. His age was about 35, and his mother, with whom he lived, is about 75. The family, though poor and ignorant, were considered of average respectability. The mother of the Davenport boy has always opposed his keeping company with Dwight, who is generally supposed to have been the leader in the matter, but the two were together a great deal, and had become hardened and desperate.

A note received by J.B. Clark, one of the Selectmen of the town on Sat., stated that there was no trace then of the murderers, but that the watch supposed to have been stolen by one of the boys, was found, and was in his possession.

Latest - Intelligence from Shelburne Falls yesterday, states that Dwight was caught about half past 10 Sat. eve. Half a dozen men were laying in wait for him around his house, and he came home at that time and fell into their clutches. The whereabouts of Davenport is not known. Dwight was put into the lock-up at Shelburne Falls yesterday morning.

[A followup to this murder can be found on p. 371 of Google Books "Publications of the American Statistical Association", 1892 - 1893. There is also mention of the sentence on p. 5 of Google Books "Public Documents of Massachusetts", 1876].
 

Subjects: Animals / Reptiles, Children, Coleraine [now Colrain] (MA), Crime, Criminals, Economics, Family, Farmers & Farming / Flowers, Government, Greenfield (MA), History, Households, Law and Lawyers, Literature / Web Pages, Lost and Found, Massachusetts, Medical Personnel, Missing Persons, Mourning Customs, Murder, Names, Photographs, Police, Poor, Prisons

Posted by stew - Sat, Feb 14, 2009

Gazette & Courier - Monday, September 13, 1875
Probate Court Record

Probate court Record - Greenfield - Administration granted on estates of George W. Bardwell of Deerfield, Jane F. Bardwell and Cyrus A. Stowell, Adm'rs.; Jeremiah Dow of Erving, Edmund M. Dow of Erving, Adm'r.; Joseph M. Townsend of Coleraine, Sarah Townsend of Coleraine, Adm'r.

Wills proved - Samuel Alexander of Northfield, George P. Alexander of Northfield, Ex'r.; Sarah Cook of Greenfield, John J. Graves and R.W. Cook of Greenfield, Ex'rs.; Ansel C. Delano of Sunderland, Jesse L. Delano and Edward A. Delano of Sunderland, Ex'rs.; Moses Hubbard of Sunderland, Cyrus M. Hubbard of Sunderland, Adm'r. with the will annexed.

Accounts rendered - on estates of William W. Alcott of Bernardston, Clark Ellis of New Salem, Clarissa Battle of Orange, Mary J. Gore of Monroe, Harriet M. Brown of Greenfield, A.M. Kingman of Deerfield, George S. Boyd of Deerfield.

License granted to sell real estate - Of John Arms of Gill, Andrew Welch of Montague, Walter D. Thompson of Troy, Ohio.

Widows' allowance - Made in estates of Rufus S. Phillips of Greenfield, $500; Edward Thayer of Greenfield, $9018.

Affidavits filed - in estate of Charles S. Brown of Greenfield, Baxter Harding of Conway, P. May Buddington of Greenfield, Rufus S. Phillips of Greenfield, Moses Field of Leverett.

Estate of Ephraim Murdock, late of Orange, represented insolvent, H. Woodward and G.A. Whipple, Commissioners.

Commissioners' report filed in estate of John Haskins, late of Shutesbury. Distribution ordered in estate of George S. Boyd, late of Deerfield.

John Quinton of Greenfield adopted infant child of William H. Seley; name changed to John George L. Quinton. Name of Flora M. Reynolds of Shutesbury changed to Flora M. Freeman. Next Probate Court at Northfield next Tues. (tomorrow).
 

Subjects: Bernardston (MA), Coleraine [now Colrain] (MA), Conway (MA), Courts, Deerfield (MA), Economics, Erving (MA), Gill (MA), Greenfield (MA), Law and Lawyers, Leverett (MA), Montague (MA), Mourning Customs, Names, New Salem (MA), Northfield (MA), Orange (MA), Sales, Shutesbury (MA), Sunderland (MA), Widows and Widowers, Women, Monroe (MA)

Posted by stew - Sat, Feb 14, 2009

Gazette & Courier - Monday, September 13, 1875
The Turners Falls bridge

The Turners Falls bridge - A prayer for an injunction was filed by the Montague Paper Co. at the office of the Clerk of Courts, to prevent the County Commissioners from building the new bridge at Turners Falls, as located by the Board, which will bring the matter before the Supreme Judicial Court, which will be in session in Greenfield on the 29th. The company claims that the commissioners had no right to lay out the highway and bridge without first ascertaining that the expenses to be incurred under the act of the Legislature would not exceed $42,000...

That if the bridge is built as located, cutting off the easterly end of the company's paper mill, heavy damages will be sustained, not only by the appropriation of the company's property, but also by the interruption and permanent injury which will thereby be caused to the business; the damage, the company claims, amounting to many thousands of dollars...The company claims that its land and property cannot be lawfully taken.
 

Subjects: Bridges, Business Enterprises, Courts, Economics, Government, Law and Lawyers, Montague (MA), Roads, Trees, Turners Falls (MA), Architecture / Construction

Posted by stew - Wed, Feb 11, 2009

Gazette & Courier - Monday, September 6, 1875
Died

Bardwell, George W., age 39, died of Bright's disease of the kidneys in South Deerfield on Sept. 1. He was a member of the 52nd regiment, and a member of the Legislature in 1873.
 

Subjects: Deerfield (MA), Diseases, Government, Law and Lawyers, Massachusetts, Obituaries, War / Weaponry

Posted by stew - Sun, Feb 8, 2009

Gazette & Courier - Monday, September 6, 1875
Leyden

Leyden - Some foolish boys have been doing mischief to unoccupied houses. Patrick Dwyer's suffering the loss of considerable glass. They had better consult Justice Davis and learn what penalty the law imposes upon such rogues.
 

Subjects: Children, Courts, Crime, Criminals, Economics, Glass / Windows, Households, Juvenile Delinquents, Law and Lawyers, Leyden (MA)

Posted by stew - Sun, Feb 8, 2009

Gazette & Courier - Monday, September 6, 1875
Cheapside as it was more than 50 years ago

Cheapside as it was more than 50 years ago - A good deal of business was transacted at Cheapside even as late as 1819. Two stores were in operation, one situated on the west, the other on the east side of the covered bridge. Robert Bardwell and Clark Houghton were the storekeepers. A line of boats, owned by Clark Houghton, run [sic] regularly to and from Hartford, and freight came in there to be distributed among the merchants of Greenfield and vicinity, even to merchants in Rowe, Whitingham, Wilmington and others west of here.

In later years Allen & Root of Greenfield run a line of freight boats to Hartford, and had a store on the landing, and sold quite a large amount of heavy goods. Uncle George P. Field had a bakery there and sold crackers - and good ones, too - to the people in all this region. Robert Field tended the gate, and made cut nails by hand, with the aid of a heading machine, and had a two story building on the side of the road next to the river.

There was no tavern there in those days, so the storekeepers had license to retail the ardent. The consequence was that in dull days, or rainy days, lots of thirsty bodies presented themselves to be lined inside with something to take. Old St. Croix was cheap then - about $1 per gallon; new rum .33 per gallon. Oh, how they did drink!

The main farm in Cheapside was owned by a man who died many years since, and not one foot of said farm is owned at present by any of his heirs; neither is there now a slab to mark his resting place in the cemetery, near the railroad station at Old Deerfield.

At the time when a division of the old county of Hampshire was talked of, there was a strong effort made to have the shire town of the (then) new county of Franklin established at Cheapside, but the man who owned at that time, hundreds of acres of land in that locality, would not sell any for the purpose, so that village today is not as valuable as in 1819. W.

[Those interested in Cheapside simply must read "History of Greenfield: Shire Town of Franklin County, Massachusetts" by Francis McGee Thompson, and Lucy Cutler Kellogg].

[Also do a search on Cheapside at the American Centuries site:
http://www.memorialh...zoom_query=cheapside ].
 

Subjects: Bars (Drinking establishments), Bridges, Business Enterprises, Cemeteries, Connecticut, Deerfield (MA), Economics, Family, Farmers & Farming / Flowers, Food, Greenfield (MA), Hampshire / Hampden Counties, History, Law and Lawyers, Liquors, Literature / Web Pages, Rivers / Lakes / Oceans, Sales, Stores, Retail, Trains, Transportation, Vendors and Purchasers, Vermont, Weather, Rowe (MA)

Posted by stew - Sun, Feb 8, 2009

Gazette & Courier - Monday, September 6, 1875
The town of Rowe

(Rowe) It is well known among botanists that many notable plants grow on sterile soil, so from some of our small and sequestered country towns have come many of our now prominent and useful men. I well remember when a boy, of living in the town of Rowe 40 years ago, just how it appeared.

I was a poor farmer’s boy, at work on a farm for wages, at 12 dollars per month. I had been well schooled in the village schools of the time, but they said "there was to be a select school in the center of the town, to be taught by Mr. John Wells, a son of Hon. Noah Wells of Rowe, who had just graduated at Williamstown, taking the highest honors in his class".

John succeeded in getting a large class, made up of the young ladies and gentlemen of his native town. I was a pupil among the others, and here I wish to say that a more successful school was never taught by any man. John Wells was then a young man, tall, straight as an arrow, with a beautiful face, and an expression like a modest girl. At the close of the school, we had an exhibition in the old Unitarian Church. It was filled to overflowing, and all the scholars took a part. The whole thing was a great success for Mr. Wells and a credit to his pupils.

The succeeding winter I taught the "winter school" in the center of the town, having among my scholars a small boy, the son of Rev. William Stearns, named George Stearns. George was a bright, blue-eyed boy of about 10 years old, good, but very mischievous. I gave him his first lesson in Latin grammar. I well remember how he used to recite in such a way as to make fun for the other scholars.

Well, Mr. John Wells is now Hon. John Wells of the Supreme court; and little Georgie Stearns is the celebrated Springfield lawyer, one of the most eminent of his profession in the State. The following year I taught a school in the north west part of the town, in a little "hut of a school house", and among my scholars was a little boy by the name of Noah Cressy.

[See Google Books "American Law Review: 1875 - 1876" for a long biographical entry on John Wells].

[See Google Books "Second annual report on the diseases of the domestic animals in Connecticut" by Noah Cressy].

There were 3 brothers of the Cressy family living in the district, and their children constituted the greater part of the school. the following year I went away to study medicine, and lost sight of little Noah, and the next I heard of him he was "Professor Noah Cressy of the Massachusetts Agricultural college, and veterinary surgeon to the State of Connecticut".

A chum went with me from Rowe to study medicine in the same office with me, the office of Moses Barrett M.D., located in the town of Charlemont. Dr. Barrett was a native of Rowe and had studied medicine and graduated with high honors. My chum was C.K. Fiske of Rowe, who graduated with me at the Berkshire Medical college in 1842. Dr. Fiske became an eminent dentist and settled in St. Johns, New Brunswick.

The late Major Reed, sheriff of this county, was for a long time a merchant in Rowe, if not born there. He had a son by the name of Samuel Reed, a scholar in my school, who afterward studied medicine, graduated, started for California, and died on the passage.

I frequently meet Prof. Cressy. He is a wide awake, congenial, friendly man, but eminently learned in his profession. Last week we exchanged some books, I giving him Harris on Insects, and he giving me "The Elements of General and Pathological Anatomy" by David Craige, M.D., published in Edinburg in 1828.

On the fly leaf is this, written in pencil: "To Dr. Craige, belongs the merit of having written the first distinct and comprehensive work on general anatomy" signed George Gulliver, M.D. There is probably not more than one or two other works of the kind and edition in this country. David Rice, M.D.
 

Subjects: Animals / Reptiles, Charlemont (MA), Children, Connecticut, Courts, Diseases, Economics, Education, Emigration and Immigration, Eye, Family, Farmers & Farming / Flowers, Government, Hampshire / Hampden Counties, History, Insects, Jokes, Law and Lawyers, Literature / Web Pages, Massachusetts, Medical Personnel, Medicine / Hospitals, Obituaries, Police, Poor

Posted by stew - Sun, Feb 8, 2009

Gazette & Courier - Monday, September 6, 1875
News about home: Greenfield items

(Greenfield) Pat Finn and James Lynch, who had been enjoying the privileges of the license law, were fined by Justice Brainard, the former $7.75 and the latter $12.50, while John Bunting, brought before the same magistrate for vagrancy, had his case continued for sentence.
 

Subjects: Courts, Crime, Criminals, Drunkenness, Economics, Greenfield (MA), Law and Lawyers, Tramps

Posted by stew - Sun, Feb 8, 2009

Gazette & Courier - Monday, September 6, 1875
Court record

The 4th week of the Superior Court was opened at 2 o’clock Mon. The case of Vincent vs. Town of Rowe mentioned as on trial in our last issue, occupied the first day and part of Tues. No new facts were brought out by the evidence not already noted. The jury, after considering the case till midnight, were unable to agree upon a verdict and were discharged. the jury were understoood to all be willing to give the plaintiff a reasonable amount, but a few also wished to give him all he asked for, to which the majority would not accede, and hence no verdict could be reached...

Edward A. Robbins vs. John T. Fitch & als. - This was an action on a promissory note of $1026.49 dated March 1, 1874. This note was funded by the Fitches of Northampton and endorsed by H.S. Porter of Hatfield. The makers were defaulted, and the trial was for the purpose of recovering from the indorser [sic].

The question of fact to be decided was, in what capacity did the indorser sign?...The court ruled that...there was no consideration for the indorsement, and the indorser ws not liable...the verdict of the jury was for the defendants...

John Butterworth vs. S.W. Hall et al & Tr. This was for an action to recover for a horse power. The defense was that the machine did not correspond with the circular and description given; that the same was poorly made and had broken in using. The defense was hardly sustained by the evidence, and the jury returned a verdict for the plaintiff for full claim; amount, $211.31...

The latter case completed the jury list, and the jurors were therefore discharged for the term.

the following foreigners were naturalized: Michael McCarty, Patrick Hynes, Philip Ott, John Casper Zeiner, Charles W. Raguse, Augustus Eberline, Lawrence Power, Cornelius Redding, William Fitzgerald, Edward Hannepin, Martin Flaherty, John Haigis, Leonhard Sauter, Morris Joyce, Peter Horan, John Moor, John Osborn, Peter Gray, Patrick F. Corcoran.

The following made primary declarations: John Hogan, John Leakey, John F. Raguse, Thomas Joyce, Dennis Kielsy, Peter Lynch, James Powers, Andrew Costello.

The court adjourned Wed., till 2 o’clock tomorrow, Tues., at which times hearings and trials by the court will be in order.
 

Subjects: Advertising, Business Enterprises, Courts, Economics, Emigration and Immigration, Hampshire / Hampden Counties, Horses, Law and Lawyers, Literature / Web Pages, Rowe (MA)

Posted by stew - Sat, Feb 7, 2009

Gazette & Courier - Monday, September 6, 1875
News about home: Greenfield items

(Greenfield) Maintaining our county courts is a little expensive. A single juror at the present term has drawn for his pay, including mileage, $93.78. When the millennium comes, what a reduction there will be in taxes, but then, what will become of our lawyers?
 

Subjects: Courts, Economics, Government, Greenfield (MA), Jokes, Law and Lawyers, Religion

Posted by stew - Fri, Feb 6, 2009

Gazette & Courier - Monday, August 30, 1875
Solomon Ray (poem)

A hard close man was Solomon Ray
Nothing of value he gave away
He hoarded and saved
He pinched and shaved
And the more he had the more he craved

The hard-earned dollars he toiled to gain
Brought him little but care and pain
For little he spent
And all he lent
He made it bring him twenty per cent

Such was the life of Solomon Ray
The years went by, and his hair grew gray
His cheeks grew thin
And his soul within
Grew hard as the dollars he worked to win

But he died one day as all men must
For life is fleeting and man but dust
The heirs were gay
That laid him away
And that was the end of Solomon Ray.

They quarreled now who had little cared
For Solomon Ray while his life was spared
His lands were sold
And his hard-earned gold
All went to the lawyers, I am told.



 

Subjects: Barber / Hair, Economics, Family, Law and Lawyers, Mourning Customs, Obituaries, Poetry, Sales, Jewelry / Gold / Silver / Treasure

Posted by stew - Wed, Feb 4, 2009

Gazette & Courier - Monday, August 30, 1875
South Deerfield

(South Deerfield) Thurs. will long be remembered by many of us as a pleasant one. Early in the morning a goodly number of men and boys of the village, armed and equipped as the exigencies of the case demanded, turned out to mend their ways, and "side ways". After doing duty faithfully until mid-day, and the inner man began to clamor for some attention, they were delighted to find a most bountiful table spread by loving hearts and willing hands to meet the case, in the beautiful shade in front of S. Hasting's house.

After dinner was well discussed, speeches were listened to, and initiatory steps taken for the organization of an association to look after the sidewalks in the future, and for general improvement and good of the village. A committee was raised to draft a constitution and by-laws, but as the order of the day was work, it was voted to meet again at this place on the eve. of Sept. 3, to hear the report of the committee and complete the organization, and it is expected that all who are interested in this good work will be present then and have another good time.
 

Subjects: Deerfield (MA), Food, Households, Law and Lawyers, Roads, Women, Words, Work

Posted by stew - Wed, Feb 4, 2009

Gazette & Courier - Monday, August 30, 1875
Erving

(Erving) James Cuff, a brakeman on the Fitchburg R.R. was killed at Erving Depot Wed. morning, while making what is called a flying switch. He was killed instantly. Several cars passed over his body, mangling it in a shocking manner, and inquest was held before Noah Rankin Esq. with the following jury...
 

Subjects: Accident Victims, Accidents, Erving (MA), Law and Lawyers, Trains, Work

Posted by stew - Tue, Feb 3, 2009

Gazette & Courier - Monday, August 30, 1875
Deerfield

There has been for some time a warm controversy over the relocation of a road which runs between the farms of E.C. Cowles and William Sheldon, in the meadows. By the change of location, it was proposed to take off a strip of Sheldon's land in one place, and offset this encroachment by taking off a corresponding piece of Cowle's land in another.

But Mr. Cowles contends that more of his land was taken than there should have been; and when Arthur Ball, the surveyor, plowed it into the road, Cowles plowed it back again. He has employed civil engineer E.C. Davis of Northampton to make a survey of his farm, and is bound to stick up for what he considers his rights. The difficulty is likely to lead to a first class lawsuit.
 

Subjects: Deerfield (MA), Farmers & Farming / Flowers, Hampshire / Hampden Counties, Law and Lawyers, Roads, Work

Posted by stew - Tue, Feb 3, 2009

Gazette & Courier - Monday, August 30, 1875
Court record

The third week of the superior court was continued at 4 o’clock p.m. Mon., at which time the arguments were made on the town case of Joel R. Davenport vs. the Inhabitants of Coleraine, The accident, as alleged by the plaintiff in this action, occurred on the highway in the town of Coleraine, near the house of Arthur A. Smith, in Feb. 1873. At the time named, the ground was covered by a heavy body of snow, and on the day of the alleged injury, was thawing. The plaintiff was drawing wood, and had on his sled at the time, 180 ft. of green wood - a very heavy load.

The plaintiff says he was sitting upon the load of wood, driving with due care, and by reason of a defect in the highway - which consisted of a deep "cradle hole", and also a sidling condition of the road - his load was overturned, falling upon and injuring him. To this the town replied that the plaintiff was not using due care, and in fact he did not receive the alleged injury claimed, in the manner as stated.

Two boys, who saw the occurrence, testified that the plaintiff stopped his team, and after examining the load, stepped upon the rave of the sled, and turned to the right and started up, upon which his load was overturned. To another party, who came up shortly after, the plaintiff stated that he was not hurt. The testimony of other witnesses, who examined the track of the runner in the snow, went to show that the boys’ story was true, and that the plaintiff was mistaken in keeping the road, and his getting off the hard track and his endeavor to drive back into it, occasioned the overturn.

The defense also argued that the plaintiff had no claim against the town, and never thought of such a thing himself for over a year after the accident; and in proof of this theory, they showed that the plaintiff said, some time ago, he should have to ask the town for pay for his sled stakes; and again, about a year after, he made a demand on the Selectmen for $100, for injury to his chest or side, while his claim now was for injury to his leg or hip.

The court ruled that unless the defect was the sole cause of the accident, the town was not liable. Verdict for the defendants. S.T. Field for pl’ff.; D. Aiken for defense.

Lyman J. Wait vs. Justin Thayer et al. - This action was brought to recover the payment of a promissory note held by the plaintiff of Greenfield, dated Nov. 1, 1872, for $1000, and signed by S.F. Warner, with the endorsement of Thayer, Sargent & Co. of Northampton. The real defendant, however, in the present action being Gen. Luke Lyman of the latter town, who, as well as Warner, composed the company of the endorsing firm...The whole case was narrowed to the single question of the circumstances under which the note was taken; it being conceded by all parties that the proceeds were used for Warner’s private benefit...Verdict for plaintiff, amount $1281.67...

Mary M. Hillman vs. the Inhabitants of Charlemont - This was an action of tort for injuries received on the highway leading from Heath Center, to what is known as the old center of the town of Charlemont, and occurred Aug. 14, 1874. The injury was received by the horse running away, and the plaintiff being thrown from the wagon, at a steep and rocky portion of the road. The injury in this case was real, the fact not being questioned by the town, and no evidence was needed of severity or permanency, the only fact to be tried was as to the liability of the town.

The plaintiff of course, made the usual allegations of want of repair or defects in the highway, and the due care used by her; while the defendants rested their case on the grounds - first, that the road was safe and convenient; second, want of due care; and third, loss of control and the vicious habits of the horse...The jury evidently came to the conclusion that the town was liable, and being liable, gave a verdict to the full amount asked. ..

The large damages given occasioned general surprise, however, from the fact that the plaintiff was understood to be willing to settle with the town before the trial for $1500. The amount will be quite an item in the future taxes of Charlemont, already very heavy (some 3%), while to these must be added a large sum on a new bridge for which the town is to pay. The present verdict is for $5000, to which heavy cost must also be added...

The following cases were disposed of without trial: Simon L. Shattuck et al. vs. John Haggerty - Judgment for plaintiff, amount $114. Frank T. Swan vs. Charles L. Sawyer et al. - Judgment on award of referees, for plaintiff; amount $1720. L. Johnson vs. Harding G. Woodard - Discontinued and settled out of court. Henry C. Willard et al. vs. Elijah Stratton - Judgment for plaintiff, amount $88. James Newton vs. Walter A. Lee - Judgment for plaintiff, amount $217.

Parker Wise et al. vs. David W. Goss - Judgment for plaintiff, amount $60. Solomon O. Poole vs. Solomon Poole - Discontinued and settled out of court. Mary Joslyn vs. William B. Templeton, app’t. - Discontinued and settled out of court. Hezekiah Andrews vs. George P. Stearns - Action dismissed. Rodney Hunt Machine Co. vs. Rodney Hunt et als. - Judgment on award of referee.

The case of Chandler A. Vincent vs. the Inhabitants of Rowe has been on trial during the last two days of the week, and will be given to the jury today. The action is one of contract, to recover for building a road in said town. The plaintiff claims that he took the piece of road to build, according to certain conditions as to time, etc.; that he performed his part of the contract and now wants his pay therefor. The town deny the claim, alleging that the conditions were not complied with, by which a good winter road was to be made by a certain date, and the same afterward completed for acceptance by another fixed date...

The contract was all oral, and it required a large number of witnesses to ascertain what it was, and whether it had been executed to the satisfaction of all people living in that vicinity. The only remaining cases are those of Edward A. Robbins vs. John T. Fitch et al.; and John Butterworth vs. S.W. Hall et al. and Trustee; but the trials to be had before the Judge will take the most of the week. The term will be the largest for years.
 

Subjects: Accidents, Animals / Reptiles, Bridges, Business Enterprises, Businesspeople, Charlemont (MA), Children, Coleraine [now Colrain] (MA), Courts, Economics, Government, Greenfield (MA), Hampshire / Hampden Counties, Horses, Households, Law and Lawyers, Orange (MA), Roads, Transportation, Trees, Weather, Women, Work, Heath (MA), Rowe (MA)

Posted by stew - Sun, Jan 18, 2009

Gazette & Courier - Monday, August 30, 1875
News about home: Greenfield items

Work has been commenced upon G.D. Williams Esq's. new residence. A.G. Ball of Deerfield is putting in the foundation, and F.L. Burnham will have charge of the carpenter work, which will be done by the day. It is hoped that the house will be ready for occupation about the 1st of Jan. It will be a two story structure, differing entirely in style of architecture from anything we have in town. Bay and dormer windows will make the principal rooms exceedingly pleasant, and the house will be finished in excellent taste, and supplied with every desired convenience.
 

Subjects: Deerfield (MA), Glass / Windows, Greenfield (MA), Households, Law and Lawyers, Work, Architecture / Construction

Posted by stew - Sun, Jan 18, 2009

Gazette & Courier - Monday, August 30, 1875
News about town: Greenfield items

Sportsmen should be aware that the law prohibits the catching of trout between the 20th of August and the 20th of March, and anyone violating the statute is liable to a fine of $5 for every fish so taken. The killing of partridges is permitted from the 1st of Sept. to the 1st of Jan., and any violation at other times is punishable with a fine of $25.
 

Subjects: Birds, Crime, Economics, Fishes and Fishing, Food, Greenfield (MA), Law and Lawyers, Sports


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