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     Benjamin Chapman Sewall was born on 14 May 1805 in Edgecomb, Maine.^3,4 He was the son of Rev. Samuel Sewall and Abigail Trask.² Benjamin Chapman Sewall married firstly Paulina Fairfield Wentworth, daughter of Timothy Wentworth and Betsey Roberts, on 24 August 1828.⁵ Benjamin Chapman Sewall and Paulina Fairfield Wentworth appear on the census of 1850 at Beloit, Rock County, Wisconsin, with their son Charles. Also listed at the same address are C.R. Wentworth and his family, presumably a brother of Pauline Sewall.⁶ Benjamin Chapman Sewall married secondly Ruth H. Legro, daughter of Daniel Legro, on 4 August 1855.⁴ Benjamin Chapman Sewall died on 9 April 1886 in Des Moines, Iowa, at the age of 80.^3,7

      Lawyer; Republican.² Kiah Bayley Sewall was born on 2 December 1807 in Edgecomb, Maine.^1,3 He was the son of Rev. Samuel Sewall and Abigail Trask.¹ Kiah Bayley Sewall graduated in 1829 from Bowdoin College.¹ He married Lucretia Day, daughter of Major Ezekiel Day, on 16 May 1836 in Portland, Cumberland, Maine, the ceremony was conducted by the Rev. Mr. Vail.^4,5 Kiah Bayley Sewall died on 19 August 1865 in Boston, Massachusetts, at the age of 57 of pneumonia which he had had for a week which he contracted upon a trip up the Mississippi conducting his wife and children to Portland.⁶

     Rachel Sewall was born on 6 May 1797.³ She was the daughter of James Sewall and Nancy Marsh.^1,2 Rachel Sewall married Charles Crooker, son of Jonathan Harding Crooker and Hannah Duncan, on 7 October 1828 in Bath, Maine.⁴ Rachel Sewall died in 1852.¹

     Esther Minot Moody was born on 12 March 1763.² She married Rev. Henry Sewall, son of Henry Sewall and Mary Stinson, on 5 October 1794 in Bath, Kennebec, Maine. Esther Minot Moody died on 1 April 1856 in Sangerville, Piscataquis County, Maine, at the age of 93.³ She was buried in Knowlton Mills Cemetery, Sangerville, Piscataquis County, Maine.

     Abraham Davenport was the son of Jonathan Davenport and Susanna (Unknown).² A tallow chandler for a time in Hallowell, Maine.³ Abraham Davenport married Betsy Sewall, daughter of Henry Sewall and Mary Stinson, on 9 November 1794 in Bath, Sagadahoc, Maine.⁴ Abraham Davenport died in 1831 in Mobile at his son's house.³

      One of the defenders of the Maine coast during the war of 1812.² Caleb Leavitt was born on 15 October 1780.² He was the son of Caleb Leavitt.² Caleb Leavitt married Nancy Sewall, daughter of Henry Sewall and Sarah Henry.¹ Caleb Leavitt died on 5 December 1872 at the age of 92.³

     Capt. Truman Allen was born on 19 June 1783.¹ He was the son of William Allen and Love Coffin.¹ Capt. Truman Allen married Hannah Sewall, daughter of Henry Sewall and Sarah Henry, on 11 September 1816 in Bath, Sagadahoc, Maine.^2,3

     Miranda Robertson married Charles Sewall, son of Henry Sewall and Sarah Henry, on 9 September 1835 in East Windsor the marriage was performed by Rev. Shubael Bartlett.² Miranda Robertson died possibly before 1860 since she does not appear with the family in the census of that year or 1870.^3,4

     Emily Collins Sewall was born in June 1836 in Maine.² She was the daughter of Charles Sewall and Miranda Robertson.¹ Emily Collins Sewall and William Henry Sewall appear on the census of 1900 at Brunswick Road, Bath, Maine, both appear unmarried; they employ a housekeeper.² Emily Collins Sewall does not appear in the census of 1910 at Bath, Maine.³

     William Henry Sewall was born in April 1842 in Maine.² He was the son of Charles Sewall and Miranda Robertson.¹ William Henry Sewall and Emily Collins Sewall appear on the census of 1900 at Brunswick Road, Bath, Maine, both appear unmarried; they employ a housekeeper.² William Henry Sewall appears on the census of 1920 at Bath, Maine.³

     Benjamin Trott was born on 14 August 1741 in Boston, Massachusetts.^3,4 He was the son of Benjamin Trott and Joanna Payson.² Benjamin Trott married Mehitable Sewall, daughter of John Sewall and Mary Sayward.^1,3 In 1779 he enlisted in Capt. Nathan Merrill's Massachusetts regiment, and in 1780 was sergeant in Capt. Isaac Parsons' company under Brigadier-General Wadsworth.³ Benjamin Trott died in 1829 in Woolwich, Maine.⁴

     James Fullerton Trott was born in 1778. He was the son of Benjamin Trott and Mehitable Sewall.¹ James Fullerton Trott married Elizabeth Jane Winslow, daughter of John Winslow and Ann Gardner, in 1808.² James Fullerton Trott died in 1822.

     Deacon Samuel Coney married Rebecca Guild.¹ Deacon Samuel Coney was born in 1718 in Boston, Massachusetts. He was the son of Nathaniel Coney and Abigail Coney.¹ In 1777 Deacon Samuel Coney moved to Hallowell.¹ He died on 12 April 1803 in Augusta, Maine.²

     Rebecca Guild married Deacon Samuel Coney, son of Nathaniel Coney and Abigail Coney.¹ Rebecca Guild was born circa 1721 calculated from her age at death.² She died on 27 April 1793 in Augusta, Maine.²

     Nathaniel Coney married Abigail Coney.¹

     Abigail Coney married Nathaniel Coney.¹

      Judge Daniel Coney was living in Augusta, Maine. He was born on 3 August 1752 in Stoughton, Maine.¹ He was the son of Deacon Samuel Coney and Rebecca Guild. Judge Daniel Coney died on 21 January 1842 in Augusta, Maine, at the age of 89.¹

     Rebecca Guild Sewall was born on 7 September 1780.¹ She was the daughter of Thomas Sewall and Priscilla Coney.¹ Rebecca Guild Sewall married John Ordway Webster, son of Nathan Webster and Elizabeth Clifford, on 23 November 1802 in China, Maine.² Rebecca Guild Sewall died on 31 May 1870 in Washington, DC, at the age of 89.³

     Mary Sayward Sewall was born on 1 August 1782.¹ She was the daughter of Thomas Sewall and Priscilla Coney.¹ The marriage intentions of Mary Sayward Sewall and Dr. Reuben Dimond Mussey, son of Dr. John Mussey and Beulah Butler, were published on 1 August 1806 in Chabacco parish, Ipswich, Massachusetts.² Mary Sayward Sewall died on 31 May 1807 in Vassalborough at the age of 24.

     Harriet Sewall was born on 20 May 1784.³ She was the daughter of Thomas Sewall and Priscilla Coney.² Harriet Sewall married Rev. Philip Colby, son of Isaac Colby and Phebe Hunt, on 28 June 1804 in Vassalboro, Maine.^4,5,1 Harriet Sewall died on 28 February 1811 at the age of 26.⁴

      A farmer.³ Daniel Sewall was born on 12 November 1788 in Hallowell, Kennebec, Maine.⁴ He was the son of Thomas Sewall and Priscilla Coney.² Daniel Sewall was living in Pittson and afterwards in Farmington, Maine.² He married Martha Tolman on 12 March 1820.² Daniel Sewall appears on the census of 1870 at Farmington, Maine, by which time he had retired from farming and was living with his son Samuel and daughter-in-law Susan.³ He died on 12 May 1880 in Farmington, Franklin County, Maine, at the age of 91.¹

      "Student of Physick."² Samuel Sewall was born on 26 June 1791 in Twenty-five Mile Pond.³ He was the son of Thomas Sewall and Priscilla Coney.¹ Samuel Sewall died on 10 April 1812 in Chebacco at the age of 20.²

     John Chisam married Esther Sewall, daughter of John Sewall and Mary Sayward, on 11 August 1787 in Georgetown, Sagadahoc, Maine.²

     Olive Beal married Theodore Sewall, son of John Sewall and Mary Sayward, on 6 March 1787 in Georgetown.²

     Mary Sewall was born on 13 August 1787 in Georgetown.³ She was the daughter of Theodore Sewall and Olive Beal.¹ Mary Sewall died on 6 December 1855 in Gardiner, Maine, at the age of 68.⁴

     Rebecca Sewall was born on 2 April 1767 in Georgetown, Maine.¹ She was the daughter of William Sewall and Sarah Chisam.¹ Rebecca Sewall married firstly Benjamin Pattee, son of Jeremiah Pattee and Jane Stuard, on 13 December 1787 at Georgetown although no children have been found for him, Benjamin Jr was in the 1790 census, Georgetown, with a wife and a boy aged under 16.¹ The marriage intentions of Rebecca Sewall and Theodore Sewall, son of John Sewall and Mary Sayward, were published on 20 November 1802 in Georgetown.¹ Rebecca Sewall died on 6 June 1817 in Georgetown, Maine, at the age of 50.¹ She was buried in Sewall Cemetery on Arrowsic Island.²

     Rachel Crosby was born on 14 December 1754 in Woolwich.³ She was the daughter of Simon Crosby and Sarah Sewall.² Rachel Crosby married General Henry Sewall, son of Henry Sewall and Abigail Titcomb, on 30 June 1811 in Salem, Massachusetts, first cousins. There is a record of their marriage intentions dated 18 May 1811 in the Augusta Vital Records.^4,5,6 Rachel Crosby died on 15 June 1832 in Augusta, Maine, at the age of 77 (Maine Families Vol. 1 give the date as 15 June 1830 (VR) ).^3,6

     Elizabeth Lowell was born on 6 October 1777 in Boston, Massachusetts.² She was the daughter of John Lowell and Elizabeth Scollay.² Elizabeth Lowell married General Henry Sewall, son of Henry Sewall and Abigail Titcomb, on 9 September 1833 in Augusta, Maine.^2,3 Elizabeth Lowell died on 13 March 1861 or 14 March 1862 in Augusta, Maine.^2,3

      A merchant of Hallowell.³

Robert Gardiner was born on 14 August 1787 in Newburyport, Maine.² He was the son of Robert Gardner and Lydia Burley.² Robert Gardiner married Susan Sewall, daughter of General Henry Sewall and Tabitha Sewall, on 27 September 1826 in Augusta, Maine.^2,4,1 Robert Gardiner died on 28 April 1853 in Bartlett Street, Lowell, Massachusetts, at the age of 65.⁵

     Hon. William Sewall Gardner was born on 1 October 1827 in Hallowell, Maine. He was the son of Robert Gardiner and Susan Sewall.³ Hon. William Sewall Gardner graduated in 1850 from Bowdoin College.¹ He married firstly Mary Parker Thornton, daughter of James Bonaparte Thornton and Sophia Shephard, on 15 October 1868 at Brattleboro, Vermont.⁴ Hon. William Sewall Gardner married secondly Sarah M. Davis, daughter of Hon. Isaac Davis and Mary H.E. (Unknown), on 29 May 1877 at Newton, Middlesex County, Massachusetts.^5,6 Hon. William Sewall Gardner died on 4 April 1888 in Newton at the age of 60.^1,7

Memorial The Honorable William Sewall Gardner, Justice of this Court from the thirteenth day of October, 1885, to the seventh day of September, 1887, died at his residence in Newton on the fourth day of April, 1888. A meeting of the members of the Suffolk Bar was subsequently held in Boston, at which resolutions were passed, which were presented to the full court on the twenty-seventh day of November, 1888. Before presenting them, the Attorney General addressed the court as follows:

May it please your Honors, -- We are met to-day to do honor to the memory of a most excellent, exemplary citizen, a safe counsellor, a sound and reliable advocate, an impartial and able jurist, with a character unblemished, a considerate, pleasant, unostentatious gentleman, and an honest man.

William S. Gardner died at his home in Newton, on April 4th, 1888. He was born in the State of Maine, in 1827, of noted legal ancestry. He was a graduate of Bowdoin College, studied law, and in 1852 was admitted in Middlesex County to the practice of his chosen profession; and in 1853, in Lowell, he opened a law office and commenced his work. He soon formed a copartnership with the late Hon. T. H. Sweetser; and in 1861 the firm moved their office to Boston, and there continued practice till 1875, when Mr. Gardner was appointed one of the Associate Justices of the Superior Court of this Commonwealth, which office he held with marked ability and great credit to the State till October 1, 1885, when he was appointed a Justice of the Supreme Judicial Court, which office he held with distinction till his resignation on the 7th of September, 1887, tendered by reason of his declining health. He held positions of trust in social, literary, charitable, financial, and religious institutions, and always with acknowledged ability and approval. He possessed a taste for literature, and wrote well upon various subjects in which he was interested. He was never idle, and yet unassuming. In discharging his duties as a judge he was kind and considerate to all. To the memory of such a man, it is very proper for us who knew him, for our own benefit, and for the information and benefit of the practitioners of our important and honorable profession who are following us all, that we should pause and consider his character, his attainments, and their reward, as manifested in his life.

The Bar of the county of Suffolk have, at a meeting quite recently held, adopted resolutions appropriate to this occasion, and have requested me to present them to the court, and to move that, after hearing such remarks as may be offered by members of the bar and the court, they be ordered entered of record, and that such other action be taken by the court as may be deemed fitting.

The Attorney General then presented the following resolutions:

The members of the Suffolk Bar desire to place on record their sense of the loss which the Commonwealth has sustained in the death of William Sewall Gardner, a former Justice of this Court.

His was a nature that endeared him to those who knew him well, and secured for him the respect and esteem of the community, and the regard and confidence of those who were brought in contact with him at the bar or on the bench.

His experience at the bar, for many years closely associated with one of the ablest lawyers of his day, who studied the law as a science and tested it by the severest rules of logic, and his long service on the bench of the Superior Court, laid a substantial foundation for the successful discharge of the accurate and discriminating investigations demanded of the members of this court.

While the kindliness of his nature might have tempted him at times to take counsel of his sympathies, his keen appreciation of the right constrained him always to exercise "the severe neutrality of an impartial judge."

We desire that this expression of our regard for him, and of the loss we have sustained, be presented by the Attorney General to the Supreme Judicial Court, with a request that it be extended on the records.

Hon. Edward Avery then addressed the court as follows:

May it please your Honors, -- I desire to join in the motion submitted by the Attorney General. It was my good fortune to meet Judge Gardner quite frequently while he was at the bar. The eminent ability of his partner, Mr. Sweetser, naturally overshadowed every one who was associated with him in the conduct of a cause; but notwithstanding this I soon learned to appreciate and feel the force and weight of Judge Gardner's powers. His patient investigations, his calm, deliberate judgment, his research and industry, and his practical application of the law to the facts before him, when added to Mr. Sweetser's known force of presentation, were potent factors in the determination of the causes in which they were jointly engaged. His abilities were of the class that are felt rather than seen. As a well equipped, clear-headed, and sound lawyer, be won my respect. Later on, a closer relation with him enabled me to estimate the man, to observe those qualities of the heart that secured for him so many and such strong friends, and to my respect for the lawyer was added a high regard and a warm friendship for the man.

At the time Judge Gardner was appointed to the Superior Court, his ability and legal attainments were not generally known to the Bar of the Commonwealth; but it has been justly said of him, that he soon secured the respect and confidence of the bar, -- respect for his integrity and for his keen appreciation of justice, and confidence in his perfect fairness and his earnest desire to rightly understand and impartially administer the law. His subsequent appointment as one of the justices of this court seemed to be generally regarded as a just recognition of one to whom it was safe to intrust the discharge of the highest judicial duties. Judge Gardner was always courteous and considerate at the bar and on the bench; and I think it no light praise to say of him, that while be was on the bench I never knew or heard of any member of the bar who felt that he had received from him an undeserved rebuff or an unmerited rebuke, or who had been humiliated in his own or his client's estimation by apparent indifference or inattention.

He seemed at all times to realize that ours is a profession in which many may succeed, but in which few indeed can become masters, -- a labyrinth having many chambers, into all of which most have looked and but few entered. He was not of those who dazzle us with spasmodic or erratic bursts of brilliancy, or startle us with novel propositions, or overwhelm us with unfathomable subtleties, but of those who exhibit that calm and deliberate strength which ever attends a well rounded mind. The sad events which occasioned his retirement from this court caused a public loss. His death deprived a large circle of friends of one whom they had honored and loved for his many virtues.

Charles Levi Woodbury, Esq., then addressed the court as follows:

May it please your Honors, -- Nearly thirty years have I been closely connected with the late Judge Gardner in various ways. My knowledge of him springs not only from association at the bar, and from observation of his ability and his courtesy, patience, and justice as a judge, but from intimate association in many social organizations and the pursuit of many kindred tastes. True it is that always and everywhere character and conduct have stamped their highest qualities on his mind, and commanded for him the respect and esteem of his associates. In a very marked degree has been his success as a presiding officer, not only in judicial but in other organizations, and rare executive ability has characterized his administration as chief of wide-spread organizations whose benevolent and charitable character are well known.

His tastes led him to antiquarian and historical pursuits connected with the early history of New England, and of these organizations themselves. His contributions to the literature of these subjects were marked with accuracy of investigation, purity of style, and chaste eloquence. His investigations in the symbology of medieval art and architecture bore one fruit in the erection of the church from which be was buried. He was a man of wise and prudent counsels. "Unto him men gave ear, and waited and kept silence at his counsel." He was not long enough on the bench of this court for its reports to embody an adequate monument of his judicial abilities; his fatal disease tore him prematurely from the field of action.

He was a man of modesty; the duties of office he thought more of than of the honors that attended them. In harmony with the esteem betokened by these last honors to his worth, I am here among my brethren of the bar simply to drop my sprig of acacia on his grave.

Chief Justice Morton responded as follows:

Brethren of the Bar, -- We join with the fullest sympathy in your tributes of respect and affection for our deceased associate and friend, by whose death the State has lost an upright, conscientious, and able magistrate, and a respected and useful citizen.

Judge Gardner was born in Hallowell, Maine, on October 1, 1827, so that at the time he was compelled by his failing health to lay down the active labors of life he had not reached the age of sixty years. He was a descendant, on his mother's side, of the eminent family of Sewall, which in the earlier period of our history furnished two Chief Justices of the Superior Court of Judicature of the Province of Massachusetts Bay, and two Justices of the Supreme Judicial Court of the Commonwealth, one of whom, Samuel Sewall, was during the last year of his life the Chief Justice.

He was graduated at Bowdoin College, and afterwards pursued the study of law in Lowell. He was admitted to the bar in 1852, and soon afterwards formed a copartnership with that eminently vigorous and able lawyer, the late Theodore H. Sweetser, and this connection continued until be was appointed a Justice of the Superior Court in 18715. He served in that court for ten years, and gained in the fullest measure the confidence and respect of the bar and of the public. He was regarded by all as a sound lawyer of great ability and of sterling common sense, and was an upright and faithful judge. He performed the various and important duties of that office so successfully, that he won the high esteem of the bar; and when a vacancy occurred on the bench of the Supreme Judicial Court by the death of the late Justice Colburn, the bar with remarkable unanimity looked to Judge Gardner as the fittest person to succeed him.

He was appointed a Justice of this Court in October, 1885, with the general approval of the community. He hesitated somewhat as to accepting the office. Possibly he had some premonitions of failing health which warned him against entering upon new and exacting duties. But he finally accepted the office, and, entering at once upon its duties, devoted himself to their performance with untiring diligence until the spring of 1887, when he was compelled by his ill health to cease from his labors. He hoped that a trip to Europe, involving complete rest and change of scene, would restore his health; but in this hope he was disappointed, and soon after his return felt it his duty to resign his office. He was with us but a short time, but we learned to respect and love him.

He had a powerful and well trained intellect, and a temperament fitted for judicial duties, being patient in hearing and impartial in judgment. He was always self-possessed and courteous in discussions, never uttering a quick or impatient word which he would wish to recall. He arrived at results through careful and thorough investigation; and having a strong sense of what was fair and reasonable, his conclusions were usually sound and reliable. His short service demonstrated that, if his health had remained sound, he would have made one of the most able, useful, and honored members of the court.

Outside of his chosen profession, he was deeply interested in the institution of Freemasonry, and was held in esteem and honor by all the members of that great fraternity. He was also deeply interested in the Protestant Episcopal Church, being a devoted member and an active participant in all the work of this diocese. In all the relations of life he was faithful and true, and therefore honored and respected. We remember with sorrow that the last year of his life was passed in sickness, amid clouds and darkness; but surely we may now rejoice in the faith that he has entered upon an inheritance of light and peace, the reward of a just, upright, and Christian life.

Concurring with the sentiments expressed in your resolutions, we shall order that they, together with a memorandum of these proceedings, be entered upon the records of the court.

The Court then adjourned.

Supreme Judicial Court of Massachusetts. Office of Reporter of Decisions. Memorial Sittings.⁸