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    1. Chap 11 - History of Barnstable County - Bar and Bench
    2. Ray Sears
    3. Chap 11of the History of Barnstable County, S Deyo, ed. Has been transcribed and scanned- Pdf (8 meg) at http://www.rootsweb.com/~mabarnst/hbch11.pdf And 71K text file at http://ftp.rootsweb.com/pub/usgenweb/ma/barnstable/hbch11.txt Loads of names and dates Hon. HENRY A. SCUDDER.--In the village of Osterville, where the waters of Vineyard sound wash the southern shore of Cape Cod, a son was born, on the 25th of November, 1819, to Josiah and Hannah (Lovell) Scudder. They gave to him the name of Henry Austin, and the Commonwealth knows him to-day in her political and judicial history as Judge Scudder of Barnstable. The family name became a part of New England's history in 1635, when John Scudder, who was born in England, came to Charlestown, Mass. In 1640 he removed to Barnstable, where he was admitted a freeman in 1654, and where he died in 1689, leaving a wife, Hannah, and several children. His sister Elizabeth, in 1644, married Samuel, son of Rev. John Lothrop. and removed from Boston to Barnstable the same year. John Scudder, son of John and Hannah, was born in Barnstable. In ]689 he married Elizabeth, daughter of James Hamblin, and afterward removed to Chatham, where he died in March, 1742, and she in the January following. Their son Ebenezer, born in 1696, at Barnstable, married Lydia Cobb in 1725, and died in 1737. Their son Ebenezer, born in Barnstable in 1733, married Rose Delap in 1759, and died June 8, 1818. Their seven children, including Judge Scudder's father, were: Ebenezer, born August 13, 1761; Isaiah, born January 8, 1768; Asa, born July 25,1771; Elizabeth, born October 12, 1773; Josiah, born November 30, 1775; James D., born October 27, 1779; Thomas D.. born January 25, 1782. Of this generation, the youngest was a merchant, Josiah was a farmer, and the other sons followed the sea and became captains. The children of Josiah Scudder were: Puella L., born December 3. 1800, married George Hinckley, and died August 30, 1885; Josiah, a merchant, born February 12, 1802, married first Sophronia Hawes and second Augusta Hinckley, and died December 29,1877; Freeman L., a merchant, born March 16, 1805, married Elizabeth Hinckley, and a few anecdotes- Hon. Nymphas Marston, who was born at Barnstable, February 12,1788, and died there May 2, 1864, graduated at Harvard College in the class of 1807. In 1828 Governor Lincoln appointed him judge of probate, and he served 26 years to 1854,at which time he resigned. Probably no lawyer ever practised in the county of Barnstable, who more completely gained and held the confidence, love and esteem of all the people of the county, than Nymphas Marston. He was always ready to advise a settlement, rather than contend in court: but when he did try a cause, the people believed he was on the side of justice, and he usually won the verdict. He was one of nature's own advocates; and before the court and jury he was a magician. He was a man of "infinite jest." After defending in court, a client, who was accused of stealing a pig, the jury acquitted him, which greatly surprised the defendant, whereupon he whispered in M. Marston 's ear: -" What shall I do 'with the pig?" Mr. M.'s reply was:-" Eat him, the jury said you did not steal him "!! Mr. Marston could have been elected to almost any office within the gift of the people: but as he often said: " I would rather be Judge of Probate for the county of Barnstable, and protect the rights of its widows and orphans than hold any other office. " Regards, Ray Sears

    06/29/2005 07:30:52