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CHAPTER XI.

O. BREWSTER--ASA FRANCIS--J. FULLER--H. BELL L. CASE--P. DAVIS--J. HENSHAW--L. HOOKER--W. SLADE--E. HAWLEY--CAPT. YOUNG--D. DICKERSON--D. PAGE--G. PAINTER.

We
proceed now to further settlements under purchases from Judge Painter. In 1795, Oliver Brewster, a tailor, purchased the lot next north of Festus Hill's, on which he built the present house and resided in it until he left the state. Capt. Jonathan M. Young became the owner of the lot in 1805, and resided on it many years. When he came to this place in 1804, he engaged in the mercantile business with Adonijah Schuyler, under the firm of Young and Schuyler. He was afterwards owner of the Appleton Foot grist mill, deputy sheriff of the county and constable of the town. At the commencement of the war of 1812, he received a commission of lieutenant in the regular service. He died in March, 1854 at the age of eighty-two.
In
1835, Asa Francis, Esq., formerly from Hartford, Conn., purchased this lot, and occupied it for the residence of his family, until within a few years he removed to the house next north of Dr. Labaree's, where he still resides. He had been extensively and successfully engaged in mercantile business. He some years since retired from it, and established his son, Parkhurst Francis, in the same business, first in Middlebury and since in Illinois. The lot which he left is now owned by James Negus, in business as a merchant tailor.

In
1795, Capt. Josiah Fuller purchased the lot, now occupied by the family of William Morton,* on the west side of Pleasant street, and running to the creek, on which he built a small house; and es-

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*Mr. Morton died April 30, 1866. aged 65 years.

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HISTORY OF MIDDLEBURY.

tablished his tannery on the bank of the creek. Fuller the next year purchased the lot on the opposite side of the street, next north of Oliver Brewster's. On this lot, in 1801, he built the present house. It is now-greatly remodeled and repaired-the residence of Rev. Benjamin Labaree, D.D., president of the college. It was also the residence of Rev. Joshua Bates, D. D., while in that office.

Philip
Davis from Rockingham, also a tanner, in 1806 purchased both these lots, established a tannery and built the present house on the creek lot, and resided in it several years.
Thomas
Archibald, in 1796, bought the lot next south of Fuller's creek lot, and built the present house. It was the first residence of the family of Hon. Peter Starr, and is now the residence of Mr. David Piper, a carpenter and joiner.

The
lot in possession of Mrs. Bell, widow of the late Harvey Bell, Esq., was first purchased by President Atwater, and by him sold in 1808 to Dr. Edward Tudor. There was then a small shanty on the lot. But the house now standing on it was built by Dr. Tudor, and occupied by him with his family for many years. He afterwards removed to the house, where he resided until the time of his death, next north of the Catholic church. The house left by Dr. Tudor was purchased by Mr. Bell in 1818, and was the residence of his family until his death in 1848, at the age of fifty-seven years, and is still the residence of his family.

Harvey
Bell, Esq. was the son of Harvey Bell, mentioned elsewhere. He was graduated at Middlebury College in 1809, studied law, in part with John Simmons, Esq., his brother-in-law, and partly at the law school in Litchfield Conn., and was licensed in 1812. He commenced practice in partnership with Mr. Simmons, but continued it afterwards separately as an attorney and advocate. In the later years of his life he was the editor and publisher of the Vermont Galaxy. He was one of the first members elected to the state senate in 1836, after the establishment of that branch of the legislature, by the amendment of the constitution of that year. He was also a member in 1837, and was among the prominent members of that body. He was Secretary of the Corporation of Middlebury

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HISTORY OF MIDDLEBURY.

College from 1826 to 1843, and was always prompt in aiding and supporting that and our other educational institutions. He was also a liberal supporter of religious institutions, and was a member of the Congregational Church from 1835.

Joshua
Henshaw first settled, as before stated, on the farm now owned by Silas Piper and his son. In the year 1800 he purchased the lot, now constituting the rail road depot grounds, and built the large house standing there. To this he removed his family and resided in it until he removed to Canada. The house has since been the residence successively of Professor Hall, Professor Fowler and Joseph Warner, Esq., and is now occupied by Professor Robbins.
Levi
Hooker came to Middlebury about the year 1801, with a large stock of merchandize, and in 1803 purchased the lot, now the residence of Asa Francis, Esq., on Pleasant Street, and for many years previously occupied by Cyrus Birge, Esq., Esq., and built there the present house. He also built successively three stores on the ground on which the four stores of Jason Davennort stand. The three upper stores Mr. Davenport built since the construction of the rail road, which altered the position of the ground, and raised the travelled way above the foundation of the former buildings. Mr. Hooker was largely engaged in the mercantile business for a few years, and afterwards occupied himself with various other pursuits, and removed many years ago to the State of New York. Mr. Birge, mentioned above, was also for several years in the successful prosecution of the mercantile business. He resides now in the city of Washington.

Loyal
Case, Esq., in 1803, purchased the lot next south of Painter's house lot, now belonging to the estate of Austin Johnson, and occupied by Rev. James T. Hyde. He built the present dwelling house, and resided in it until his death. Mr. Case had been admitted to the practice of law in September, 1797. He had studied law with Hon. Daniel Chipman, and after his license, entered into partnership with that gentleman. In 1804 the partnership was dissolved, and he continued the practice separately. From that time until his death, he was annually appointed State's Attorney for the county. He was a man of ardent temperament, and of a kind, benevolent disposition, easily kindled at every appearance of injustice

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or oppression, and at this day would have been a prominent reformer. He became a very ardent and popular advocate, and was increasing in popularity. Hon. Horatio Seymour related to us the following characteristic anecdote. A fugitive slave was overtaken and arrested at Shoreham, and a time appointed for the trial. Mr. Seymour was employed as counsel for the owner, and Mr. Case for the fugitive. They started together on horseback for the place of trial. Case remonstrated with his companion, who was also his brother-in-law, against his engaging in so unrighteous a business as defending slavery. Mr. Seymour justified himself with the argument, that it was his duty to vindicate the legal rights of all persons, and see that the laws were duly executed. This did not satisfy Mr. Case, who continued his remonstrance, advised him to return, and assured him that if he went on such an errand, some judgment would come upon him from Heaven. While passing through Cornwall, Mr. Seymour was seized with a violent cholic, which was so painful as to arrest his progress, and force him to stop and return without attending the court.

The
career of Mr. Case was suddenly arrested, on the 13th of October, 1808, by his death at the age of thirty two.
Cyrus
Brewster, at an early day settled on the lot, between Mrs. Simmons' house lot, and the Stewart lot, and in 1803 it was purchased by Joseph Dorrance, a hatter, who built the present dwelling house. The lot was owned by; and was the residence of, the late Hon. William Slade, and is now occupied by his widow.

Hon.
William Slade, whom we have thus incidentally mentioned, has passed from among the living, since this work was written; but we deem it improper to send it to the press without some further notice of him, as among our distinguished citizens. He was the son of William Slade, Esq., of Cornwall, who was sheriff' of the county for ten successive years, from 1801 to 1810; and was born at Cornwall, May 9, 1786. He was graduated at Middlebury College in 1807, having maintained a prominent standing in his class, and immediately entered upon the study of law in the office of Judge Doolittle. He was admitted to practice at the August term of the County Court in 1810, and immediately opened an office in this vil-


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HISTORY OF MIDDLEBURY.


lage. He continued to practice with increasing reputation, especially as an advocate, until 1814. As a politician Mr. Slade was of the school of Jefferson and Madison. In consequence of the measures, adopted by these administrations, in resistance of the encroachments of the British and French nations, who were engaged in an exterminating war, and followed by our own war in 1812, party politics raged to an extent never since known. A majority of the people of this state had given in their adhesion to the Democratic party, at the commencement of Mr. Jefferson's administration. But the parties were so nearly equal, that the Federalists obtained the ascendancy for two years, during the war. The struggle between the parties was arduous and exciting. Mr. Slade entered with his whole soul into the conflict, and became an active and infulential partisan. He addressed with zeal and effect all political assemblages, and wrote much, in enforcing and vindicating his political views. On account of his popularity as a writer and public speaker, he became an acknowledged leader. The Democratic party, in the fall of 1813, had established a paper, called the Columbian Patriot; but the editor who had been employed not proving satisfactory, he was dismissed; and Mr. Slade, early in 1814, gave up his profession and became the editor,-a business which was congenial to his talents and temperament. He also established an extensive book store and printing office, and published several books. This business did not prove successful, and was continued only two or three years. But he occupied so prominent a position in his party, that his friends were ready to give him any office which might be vacant. Accordingly he was elected Secretary of State, successively from 1815 to 1822; Assistant Judge of Addison County Court, from 1816 to 1821; Clerk of the Supreme Court for the county from 1819 to 1823. After the failure of his printing and publishing business, the offices, which he held at home in 1823, did not satisfy his pecuniary wants, and he took the office of clerk in the Department of State at Washington in 1824. After the disorganization of the political parties, at the close of the war and during the administration of Mr. Monroe, and when the election of a successor approached, towards the close of his admin-

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HISTORY OF MIDDLEBURY.

istration, Mr. Slade attached himself to the party of John Quincy Adams, in opposition to Gen. Jackson, as did most of the people of Vermont. When the latter came into office in 1829, and Mr. Van Duren had charge of the department of State, Mr. Slade was removed, in a manner which was not relished by the freemen of Vermont, as they were prepared to manifest at the first opportunity. He then returned to Middlebury, and resumed the profession of law, and in 1830 was appointed State's Attorney for the county. On the first vacancy in 1831 he was elected a representative in Congress. In this office he continued until 1843. The year following he officiated as reporter of the decisions of the Supreme Court, and in 1844, he was elected Governor of Vermont, and continued in that office two years.

Since
that time to the close or his life, Governor Slade has been employed as Corresponding Secretary and General Agent of the Board of National Popular Education. The object of this institution has been to collect in the Eastern States, and send to destitute places at the west, pious and competent female teachers. For this work Gov. Slade was, by his talents and temperament, peculiarly well adapted; and has, we believe, accomplished as much good as in any other of his labors. On him has devolved the whole business of looking up the teachers, and the destitutions where they were needed, as well as of raising the requisite funds. The teachers, before they were sent, were collected together at Hartford, and for several weeks, placed under the examination and instruction of experienced female educators, and were afterwards conducted by the agent to the west and located in their appointed places. Two classes were sent annually while his health was sufficient; but, for one or two years since, only one, and the last year, we believe, none. Four hundred and eighty-one teachers have been sent out under his direction, besides 109 sent out by a Ladies' Society in Boston, which has since become auxillary. To this service Gov. Slade zealously devoted all his time and energy. It required extensive correspondence in its various departments, numerous journies and frequent public addresses.

Gov.
Slade was characterized by persevering industry, and by a sensitive and ardent temperament, which were manifest in all his

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HISTORY OF MIDDLEBURY.

enterprises. They were exhibited in his political movements, and in all enterprises, which he thought tended to promote the reformation of society. They were exhibited no less in his religious character. When a member of college in 1806, he consecrated himself to the service of religion, and united himself to the congregational church in Cornwall, his native place, and afterwards transferred his connection to the Congregational Church in Middlebury. He nowhere,-in Congress or elsewhere,-concealed his profession as a Christian; and his religious character was prominent on all occasions. And when he became conscious of his approaching exchange of worlds, his religion fully sustained him, and he descended to the grave with entire resignation, and with uninterrupted peace and triumph.

Gov.
Slade was accustomed to public speaking, and writing on every subject which interested him; which he continued, to fill up leis unoccupied time, as long as his strength permitted. While very feeble, he continued writing for newspapers and otherwise, and delivered several lectures before educational associations. In the latter years of his life, his writing had principal reference to religious and educational subjects. His style of writing and speaking was characterized by simplicity and directness, which enabled his readers or hearers easily to understand and appreciate his arguments. And, in other respects his style was more pure and classical than is common with public speakers and writers. Several of his speeches in Congress were published, and were read with interest by many. He published in 1823, "Vermont State Papers," a collection of unpublished documents illustrating the history of Vermont; in 1825 a compilation of the Statutes of Vermont; in 1844 the 15 volume of the Vermont Reports. He also published several pamphlets, including his annual reports as agent of the Board of Popular Education.
For
several years before his death, the health of Gov. Slade was feeble and failing, and for the last month or two, he declined fast. His death occurred on Sunday night, January 16, 1859, in his 73d year.

Gov.
Slade was married February 5 1810, to Abigail Foot, daughter of Appleton Foot, and grand daughter of Daniel Foot, who


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were among the earliest settlers, and are mentioned elsewhere. She survives to mourn the loss of her husband, with three sons, Hon. James M. Slade, late Lieutenant Governor, Hon. William Slade of Cleveland, Ohio, senator in the legislature of that State, and Henry M. Slade Esq., of St Paul, Minnesota.

In
1796 Erastus Hawley, a saddler and harness maker, purchased a half acre lot on the corner next north of the brick building owned by the late Rufus Wainwright. He built here a two story dwelling house, which has since been removed to the lot next north of Moore's hotel, and was owned and occupied as a residence by Nahum Parker, Esq., for many years until recently, who owns also the shop on the opposite side of the street, where he prosecuted the business of a cabinet maker. He has recently retired from active personal labor. The house has recently been purchased by Mr. L. Rockwood, who has established himself in the mercantile business.
Mr.
Hawley also built, a. shop south of his house, for the prosecution of his business. In this place Mr. Hawley resided and in company with Capt. Justus Foot, under the firm of Hawley and Foot, prosecuted the saddling business. He afterwards sold the lot to Wightman and Asa Chapman, who removed the dwelling house and converted the shop into a store for merchandize. After the dissolution of their partnership, the business was prosecuted by Asa Chapman separately. The store has within a few years been fitted up for a dwelling house, and has been occupied by Mrs. Smith, but recently Mr. Chapman has taken possession of it for his own residence.

Mr.
Hawley afterwards built the house on the lot next cast of his former lot. This lot was many years occupied by Hon. Joel Doolittle, as a residence; and since his death was purchased and fitted up by Mrs. Wainwright, widow of Jonathan Wainwright, and is now owned by Jacob W. Conroe Esq., and occupied for the residenee of his family.

Hon.
Joel Doolittle, whose name is mentioned above, was graduated at Yale College in 1799, and came to Middlebury in the fall of 1800, as the first tutor of Middlebury College. He was admitted to the bar in 1801. He continued in the practice extensively.


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HISTORY OF MIDDLEBURY

as counsellor and advocate, until 1817, when he was elected a judge of the Supreme Court, to which office he was elected successively for the four following years, and again in 1824. He was also a member of the old Council for three years commencing in 1815, and a representative of the town in 1824. In 1834 he was chosen a member of the Council of Censors, of which body he was chosen and officiated as President.

In
1819, he was elected a member of the corporation of Middlebury College, and continued in that station until his death. He was always a friend and patron of that and our other educational institutions. He became a communicant in St. Peter's Church, at its first organization, and continued an exemplary and devoted member, exhibiting the influence of Christian principle through life. He was studious as a lawyer, and was faithful in his preparation, and in the discharge of his duties to his clients, as well as in the discharge of the higher trusts committed to him by the public. After he left the bench of the Supreme Court, he continued the practice of law, more or less, as his health permitted. He died in March, 1841, at the age of sixty-eight. Mrs. Doolittle has since resided in Painesville, Ohio, where she has the society of several of her children, and among them John T. Doolittle, Esq., an attorney at law, and Mark R. Doolittle, Esc., editor of the Painesville Commercial Advertiser.
After
Mr. Hawley removed from town, the saddling business was carried on by Capt. Foot. In the meantime, in 1811, Foot had purchased the old jail house and removed it to the lot east of the hotel, and fitted it up for the residence of his family, and resided in it until the time of his death in 1835, at the age of forty-nine. It is now owned by Calvin Hill, a successor of Capt. Foot in the saddling business, who has recently been forced by ill health to retire from it. Mr. Hill also built on the same lot the house until lately in the possession of Mr. Z. Beckwith as a residence, and now occupied by Mr. W. H. Remson.

Capt.
Foot, in order to provide himself with a shop for his business, united with Hon. Daniel Chipman, who wanted an office, and the Masonic lodge, who wanted a room for their meetings, and they

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HISTORY OF MIDDLEBURY.

erected the brick building next south of the Hawley lot. This building was afterwards owned by the late Rufus Wainwright, and since by his son-in-law, Julius A. Beckwith, who had rooms in it for his office, which, since his death, are occupied by his brother-in-law, Rufus Wainwright, Esq., as this office, as an attorney. The County Clerk also has his office in it, and the lower rooms are occupied by a saddler, and by Mr. Rockwood for his store.

In
1804, David Dickinson erected, on a small piece of ground on the upper side and north end of the bridge, the present building nearest the creek. He afterwards erected the building adjoining it on the north. In the former building and other places, Dickinson was engaged for many years, in the mercantile business. Both these buildings have been rented to different persons for stores and shop. Dr. Sidney Moody has for many years, occupied his present location for his drug and grocery store. In the principal room of the building, Mr. Zecheriah Beckwith, many years ago opened an auction and commission store, and his business, as dealer in general merchandise, was there extended and prosecuted longer than that of any other occupant. Since the erection of Davenport's block, he occupies a room in that building with a still greater enlargement of his business. In the other building, one room was occupied from the time of its erection, by Mr. Joseph Dyar for his jeweler's shop, until his death. He resided in the house, on Seminary Street, built by William Baker, now owned by Mr. Solomon Parker. While he was going from his shop to his house, a pair of horses harnessed to a sled, standing at a neighboring store, were started by the whistle of a rail-road engine, ran furiously over him and so fatally injured him, that he expired a day or two after, on the 22d of February 1851, at the age of fifty-six years. Mr. Alonzo Dustin occupied a room in the same building from the same period, as a barber's shop, and within a few years has given up that business, and been succeeded by others in the same room.
While
Capt. Young owned the first of these building, he erected the building in the rear of it, and extending further over the creek. The rooms below the level of the bridge have been generally used for confectionary, provision and refreshment shops, and the whole

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HISTORY OF MIDDLEBURY.

are now occupied by Mr. Shaw, for that use. The rooms above it were, for many years, occupied by Dea. Harvey Wilcox, for the manufacture of boots and shoes. He has also removed to Davenport's new building, and has extensively enlarged his business.

About
the year 1801, Samuel D. Coe, the architect mentioned elsewhere, purchased the lot on the corner east of the old stone jail. It was some years after sold by his heirs, and in 1815, was purchased by Dr. Elisha Brewster. There was a small house on the lot, to which Dr. Brewster added a two story front, which was his family residence while he lived, and is now the residence of his widow. He came to Middlebury from Hartford, Conn., a young man, just from his apprenticeship, and entered into partnership with Dr. William. G. Hooker in the druggist business, in the large centre store built by Levi Hooker, on the ground occupied by Davenport's block. Dr. Hooker had commenced business in that store as early as 1804. After he removed to his firm he surrendered it to Dr. Brewster, who continued it for some years in the same place. Not many years before his death, Dr. Brewster erected on the north side of the common, the brick building, with the wooden addition at the east end, lately occupied for the post-office, now known as Brewster's block. To this building he removed his business. He died in July 1838, at the age of forty-seven. Dr. Brewster was a prominent citizen, and an active and useful member and deacon of the congregational church, and a liberal patron, by big labor and contributions, of all religious and other useful institutions. From 1834 to 1836 inclusive, he represented the town in the legislature.
Daniel
L. Potter removed his family from Litchfield, Conn., to this village in 1811, and in 1817 purchased the lot on the south side on the street leading eastwardly from the court house, which Benjamin James, a Cooper, in 1813 had purchased of Judge Painter, and on which he had built a small house. Mr. Potter erected the present upright front, and has since occupied it as a residence for his family. He first engaged in the tailoring business, which he prosecuted for several years with success; but finding it injurious to his health, he has since directed his attention to farming. He had been a member of Dr. Beecher's Church in Litchfield, and im-

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HISTORY OF MIDDLEBURY.

mediately united with the Congregational Church here; of which he was an exemplary and active member. But he was most distinguished as a free mason. He had risen to the highest grade in that institution; had been employed in delivering lectures to masonic lodges in many parts of the State; and had for several years been Grand Master of the Grand Encampment of the Knights Templars of the State, and had the rank of Past Grand Commander at the time of his death. He died of a disease of the heart, June 8, 1859, at the age of 69 years. His funeral was on the 11th of June, when he was buried with masonic honors and ceremonies, attended by a very long procession of masons.

The
first lot, on the street leading south from the court house, was purchased by David Wells, a blacksmith, who about the year 1808, built the dwelling house and shop, on the lot next south of Capt. Allen's. He continued the prosecution of his trade at this place until his death, which occurred in 1825, at the age of forty-seven. The premises belong to the heirs of Mrs. Wells.
As
early as 1810 or 1811, Paul Reed, from New Haven, on the lot on the east side of that street, erected the large house which he opened for a tavern, and which is now used for the same purpose by Harry Moore. Mr. Reed died in 1836, when seventy years of age.

Capt.
Ira Allen, from Lebanon, N. H., having just closed his apprenticeship with Col. Howe, of Shoreham, purchased the lot on the west side of the same street, where he still resides, and in 1814 erected his shop, and commenced the prosecution of his trade, as a waggon arid carriage maker, and soon after erected his house, in which he has since resided with his family.

In
the fall of 1807, David Page, Jun., purchased twelve acres on the corner formed by the road last mentioned, and the street running into it from Pleasant Street, and extending to the creek. He then opened a road running north and south, between this lot and the depot ground, and thence west to the creek. On this lot he first built the house now owned and occupied by Cyrus Morton, long known as a carpenter and joiner in the village. Mr. Page resided in this several years, and built a two story house where Mr. Asa Chapman's present dwelling house stands. This house was burnt,


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HISTORY OF MIDDLEBURY.

and was rebuilt by Mr. Chapman. Mr. Page also built, on the same lot, the house which was the residence of the late R. L. Fuller.*

On
this lot also are the other houses on the road leading to the creek; the house on the corner occupied in his lifetime by the late E. W. Lyon, and now by Mr. Humphrey Smith; the residence of the late David S. Church, Esq.,† Sheriff of the County, and others south of it as far as, and including the residence of Mr. Horace Crane, long known as a citizen and leading mechanic in the village.
We
here close our account, as far as our design and limits will allow, of all the settlements on land purchased of Judge Painter.

Any
person, who has had the patience to run through the tiresome details of this sketch, will perceive, that the life and labors of the Hon. GAMALIEL PAINTER are intimately associortcd with the history of the town, and will accord to him his common designation of "Father of the town," and especially of the village. He was not a learned man, having had only a common school education.

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*Reuben
L. Fuller first established himself in the village as a tailor, and afterwards engaged in the mercantile business. In the later years of his life, he reduced his mercantile business, and prosecuted both branches in connection. The Stewart store was his place of business. In all his employments and stations in life, he was a very respectable and useful citizen, and died greatly lamented March 9, 1857, at the age of 43 years. His widow and family still occupy the same house as a residence.

†David
S. Church, Esq., was elected sheriff of the County fifteen successive years. On the 17th day of June 1856, he had a warrant against an Irishman, who was charged with some offence, and in the pursuit to arrest him, found he had retreated to the upper room of a house; and in attempting to ascend the stairway to arrest him, he was met by the accused, with a large club, with which he gave Church a blow on the head, with a violence which prostrated him. He was taken by his friends in a very doubtful state and carried home. After a few days he so far recovered, as to attend to his business; but was never entirely well, or able to prosecute his official duties with his former energy. He soon began to decline, and became less able to attend to his business; and after suffering long with various distressing symptoms, he died on the 18th day of January 1859, aged 44 years. On a post mortem examination, it was found that the frontal bone, on which the blow fell, was diseased externally across the whole forehead; under the wound the membrane of the brain exhibited evidence of chronic inflammation, and the brain was softened to the contre, of the size of an egg, to the consistence of cream. He was a respectable and much esteemed citizen, and capable officer, and his death is felt and mourned by the whole community; and is an irreparable loss to his widow and three daughters.

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HISTORY OF MIDDLEBURY.

He was a plain man, slow of speech and of few words, and not eloquent in public addresses or private conversation. But he had sound judgment and common sense, on which his friends placed implicit and safe reliance. He had great wisdom,-some would say cunning-in forming his plans and in adopting the means to execute them. Thus he became a leader in all important enterprises. He was among the earliest settlers, and from the beginning devoted what powers he had to the prosperity of the town. He personally surveyed and laid out lands and public roads. He was early called to this service in the neighboring towns, and in later years was employed in laying out some of the most important roads in this region. He early enlisted in measures, designed to prepare the way to establish and maintain the independence and organization of Vermont as a State. He was the first delegate who ever represented the town in any public body, and was a member of the convention at Dorset in September, 1776, at which incipient measures were adopted to make a declaration of independence; also a member of the convention held at Windsor, July 2, 1777, which formed the first constitution. He was the first representative of the town after its organization in 1788, in the legislature of the state, and was annually elected the four succeeding, and several subsequent years, until 1810, after which he was several years a member of the old council. In 1785, at the time of the organization of the county, he was elected one of the first judges of the county court. Before the end of the year he resigned this office, for the purpose of being a candidate for the office of sheriff, which for some reason he preferred, and to which he was elected. But in 1787 and the seven succeeding years he was re-elected to the office of judge.
After
he removed to the village in the fall of 1787, he adopted his plans with appropriate measures to make it a respectable place of business, and the seat of the courts in the County. He early built mills and sold building lots to all worthy immigrants. As early as 1791, when the village was little else than a wilderness, standing on the lot he had deeded to the County, he said to the bystanders, "this is the place for the court house." Through his agency, as a
member of the legislature, his plans were accomplished and his

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HISTORY OF MIDDLEBURY.

prediction fulfilled. In the town he often officiated as moderator of the meetings, and in other offices and trusts. When the Congregational Society finally decided to build a church, he was appointed superintendent, to adopt the plan and make the contracts for its erection, to which also he largely contributed. He was also appointed by the corporation to superintend the erection of the stone college, to which he also contributed liberally. He was a prominent promoter of our other literary institutions. By the charter of the college, he was constituted one of the original trustees, and occupied that place until his death. In his last will, all his children having died, he gave all his estate, except an annuity to his widow, during her life, to that institution; from which the college realized about thirteen thousand dollars.

Judge
Painter was born in New Haven, Conn., on the 22d of May 1742. His first wife was Abigail Chipman, sister of Col. John Chipman, who died April 21 1790.* By her he had two sons, Joseph, who died in 1804, at the age of thirty-four, and Samuel, who was drowned in the creek in June 1797, at the age of twenty-five. His second wife was Victoria Ball, of Salisbury, Conn., who died in June 1800, at the age of forty-six. By her he had one daughter, Abby Victoria, who died in December 1818, at the age of twenty-two. His third wife, who survived him, was Mrs. Ursula Bull, of Litchfield, Conn., a widow, and sister of Mrs. Tracy, wife of the distinguished senator from Connecticut. Judge Painter died in May 1819, aged seventy-six years. The corporation of Middlebury College erected a monument at his grave.
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*Mrs.
Severance, mentioned elsewhere, who was an inmate in the family of Judge Painter, gives the following account of the funeral of his first wife. A raft was made by lashing together two canoes and spreading boards over them; on this the corpse was placed accompanied by the mourners and friends and men to manage the boats, while a few others walked on the shore. Thus arranged the procession moved up the creek, and the body was deposited in the burying ground near Col. Chipman's. The boats, on their way, leaked, and the men, having no pails or dishes with them, bailed out the water with their shoes. No clergyman was present on that occasion.