Biographies Of Whitingham Lawyers

Green Leaves from Whitingham
By Clark Jilson in 1894

FAXON L. BOWEN, son of Lorenzo, was of Readsboro, attended school at Whitingham academy and studied law with H. N. Hicks, was admitted to the bar in April, 1861. He returned to Readsboro and is now in practice there, and an associate Justice of the Bennington county court.

GEORGE C. BRIGGS, son of Rev. Albert E. Briggs, studied with B. F. Briggs Esq., of Boston, and also with H. W. Brigham then of Whitingham. He was admitted in Sept., 1881, and is now practicing his profession at Miller, South Dakota.

HOSEA W. BRIGHAM became a member of the bar in April, 1872, and was admitted to practice before the Supreme court in Feb., 1876. He practiced at Sadawga several years and was prominent in town affairs. He was Master in chancery and Justice of the peace.   He removed to Winchester, N. H.

JOHN E. BUTLER, of Jamaica Vt., was admitted to the bar in April, 1837, and soon after removed to Whitingham where he was in successful practice for several years, after which he returned to Jamaica and there died. He was admitted to practice in the Supreme Court at the Feb. term, 1841., and soon took a leading position at the Windham county bar.  He was prominent in educational matters, a member of the board of Trustees of Whitingham Academy, and secretary of the board, besides being the leading spirit in carrying forward the enterprise and procuring the services of one of the most popular preceptors ever employed in Vermont. 

Mr. Butler was widely known as a shrewd lawyer, and reputed to be as honest as the profession would admit of, therefore his advice was sought by litigants in and out of the State; but he once found his match in a plain, unpretending yeoman who adopted a new way to obtain good advice from a good lawyer.  William Porter of Rowe, Mass., a wealthy farmer, had a case pending in court, and being a man who generally invented some way to get first class legal advice free, made a neighborly call one day at Esq.  Butlers office. Being a wealthy gentleman from another state, he was treated by Butler with great consideration and politeness. During the conversation Porter very adroitly presented a hypothetical proposition covering the points involved in his own case which he most desired to know about, asking Butler how he thought such a case would likely be disposed of under the facts he presented.  Not knowing or supposing that such a case really existed, Butler gave an opinion. Not long after this, Porter's case having been advanced another stage, new complications arose and he was at sea again.  Again he sought advice to meet new conditions, under the same disguise as before, but the cunning lawyer discovered that Porter was mote client than visitor, whereupon he presented him a bill for legal advice rendered. Porter saw that he had been out-witted, at his own expense, and his chief study for the next three months was to conceive some plan whereby he might counteract the liability of a suit to recover for professional services.  While this unpleasantness was pending Porter had been appointed a referee in a cause to be heard at Butler s office, in Whitingham. This hearing took place on a rainy day late in the fall. A fire was built in the office, and when the parties had assembled the room was so full of smoke that no business could be transacted.   Several suggestions were made by the gentlemen present as to what could be done to cure a smoky chimney.

Porter saw his opportunity but volunteered no advice, simply hinting that he had been familiar with similar cases and was an expert in adapting chimneys to almost any location, shaping the inside so that the smoke would readily pass off, mentioning several chimneys to which his remedy had been applied with complete success. Some claimed that this particular chimney ought to be made larger at the top and built higher. Others said that it should be constructed just above the fireplace, and still others that it should be enlarged at this point.  Porter was careful not to express an opinion until Butler, who became so impressed with Porter s superior knowledge in such matters, deliberately asked him what he thought ought or could be done to make the chimney draw. Porter then made a detailed statement as to the proper formation of his (Butler's) chimney, and what alterations would make it complete. The smoke gradually passed off and the referee case was heard and decided, but before the company had dispersed Porter presented a bill to Butler for advice, twice as large as the one pending against him. The astute lawyer had been done up by the rustic farmer, and here the matter ended.

NATHAN L. BUTLER was of Jamaica and a brother of John E. He was admitted to the bar in April, 1842, and after a brief practice in Whitingham returned with his brother to Jamaica. He won the confidence of his clients by attention to business and the faithfulness he displayed in managing his cases.  His youthful appearance was not favorable to sudden success, but his ready comprehension of legal science, his gentlemanly bearing towards court and suitors, his keen perception of equitable rights between man and man, made him a formidable rival of older and more experienced men.

AUGUSTINE A. BUTTERFIELD was of Wilmington, born June 25, 1844, admitted to the bar April, 1867, went to Whitingham in 1868, and practiced there up to the present time, except a year spent in Winchendon, Mass., in company with L. W. Pierce Esq.  Mr. Butterfield's practice has been honorable, and his fellow citizens have confided in his integrity to an unusual extent, by electing him while a young man to highly responsible positions. In 1880 he was a member of the Legislature where he introduced and carried through the house several bills of importance to the state, among which was the law taxing express and telegraph companies, the same being the corner stone of the present Corporation Tax Law. He was elected State's Attorney in 1882, and his administration of the affairs connected with that office for two years reflects great credit upon him as a lawyer, and amply displays his ability to manage public business.  At the Centennial, Aug. 18, 1880, Mr. Butterfield presided with dignity and to the acceptance of every person present.

CHARLES S. CHASE, a native of Whitingham, born May 13, 1855, admitted to practice in April, 1880, is still engaged in his profession, and in connection therewith is official stenographer and court reporter for Windham and Bennington county courts, Justice of the peace and master in chancery.

WILLIAM H. FOLLETT was of Jamaica, admitted to practice in the County and Supreme courts in 1851.  His practice in Whitingham was not extensive, but his knowledge of law had become quite thorough, he being a diligent and careful student.

HORATIO N. HICKS, son of Gideon Hicks of Readsboro, was admitted to practice in Sept., 1854, and to the Supreme court in Feb., 1857, has been in practice nearly 40 years, during which time he has held many town offices, among which may be mentioned that of Representative in 1861, and also the important position of State's Attorney. He has been Justice of the Peace for nearly forty consecutive years.

ABIATHAR W. PRESTON, born May 19, 1823, was admitted in Windham county at the Sept. term, 1855.  He practiced a short time in Whitingham and then removed to North Adams, Mass. where he became a prominent member of the Berkshire bar.  Mr. Preston has held numerous town offices, but he has fine talents not as fully appreciated in North Adams as they ought to have been. In his practice as a lawyer his advice is not altogether pleasing to the average sinner, but partakes of the candor and a moral code not formulated by man, and bequeathed only to a few. Those who intend to win a case on its merits will find a formidable advocate in Abiathar W. Preston, but whoever has a mean thing to work out under advice of counsel had better employ some other person.   I know whereof I speak.

JAMES ROBERTS SR. was the first person admitted to the Windham County bar from Whitingham, of which there is any record. He was admitted late in life at the June term in 1812, when 66 years of age, and his admission to practice in the Supreme court was in August, 1812. He was 32 years old when the town was organized, and probably practiced several years previous to his admission. 

His name was on the grand list in 1782, and he took the Freeman's oath in March, 1784. He was probably in town when it was organized, for his son John was born there May 15, 1781. He was select-man 14 years, and represented the town in the legislature 12 years; a Justice of the peace 20 years, and for a term of years Associate Justice of the Windham county court, and afterwards Chief Justice of the said court for many years. He was possessed of rare abilities and highly respected by his fellow townsmen.  He died March 12, 1825, at the age of 79.

HORACE ROBERTS, son of James, was born April 4, 1787. He represented the town in the legislature 2 years, was postmaster 7 years, and Justice of the peace many years. He was admitted to the bar in June, 1818, and soon went to Marietta Ohio, where General Rufus Putnam of Rutland Mass. had then recently established a colony of New England men and women in the interest of the Ohio Land .Company, where he established the first academy, planned and superintended the building of the first church, (now in use) and organized the first Bible Society and the first Sunday School in Marietta.  He was a lawyer of considerable ability, and why he should leave the western Eldorado and return to the bleak hills of Whitingham does not now appear of record. He practiced his profession in Whitingham several years previous to his death, in 1837.  He was noted for his wit, sarcasm and democracy.

JOHN ROBERTS, son of James, was admitted to the bar in April, 1830, at the age of 49. He represented the town in the legislature 6 years, was Justice of the peace 32 years, Justice of the county court a term of years, Judge of Probate for the district of Marlboro, and was a member of the constitutional convention in 1850. He was also Colonel of a regiment of Vt.  militia. When a young man he was a prominent Mason, holding the office of District Deputy Grand Master for the term of 6 years. He died May 14, 1868, at the age of 87 years.

JAMES ROBERTS JR. was admitted in April, 1846, but never practiced to any extent in Vermont. He went west soon after his admission to the bar and there spent the remainder of his days.  The Roberts family was remarkable in ability and legal attainments, at one time monopolizing the legal talent of Windham county. James Roberts Jr., born in 1793, though a farmer all his life, had a legal and analytical mind not inferior to either of his distinguished brothers.

TRUMAN H. STREETER, son of Alton, born in Rowe, Mass., Dec. 16, 1816. He went to Whitingham in early life and remained there most of the time until the fall of 1868, when he went to reside in Minnesota.  He worked in a factory, taught school, studied law, labored on the farm, and was finally admitted to the Windham county bar in Sept., 1853, at the age of 37 years, and to practice in the Supreme court of Vermont in 1857. He had what might have been a lucrative business, but he was inclined to wait for the coming of tomorrow until today was gone and his hopes were vanishing with its twilight.

Mr. Streeter held many town offices, among which were Superintendent of Schools, Grand Juror, Justice of the Peace 15 consecutive years, Constable and Collector two years, and Representative in 1858.  He was an accomplished gentleman, a firm friend, not a vindictive enemy, but a loyal citizen. He died in Brattleboro while visiting friends, Sept. 5, 1886.

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