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      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

     Lucy Sewall was born on 22 July 1781 in York, Maine.¹ She was the daughter of Daniel Sewall and Dorcas Bartlett.^2,3 Lucy Sewall was living in Kennebunk with her brother William and his family in 1850.⁴ She died on 30 July 1874 in Kennebunk, Maine, at the age of 93 of old age. Unmarried. The newspaper announcement gives 1 August as the date.^4,5

     Deacon Oliver Sewall was born on 10 July 1788 in Chesterville, Franklin County, Maine, he was "a few months over 21 on 1 Jan 1810."^2,3,4,5 He was the son of Rev. Jotham Sewall and Jenney Sewall.¹ Deacon Oliver Sewall married Betsey Sylvester, daughter of William Sylvester and Mary Brann, on 5 November 1813 in Norridgewock.⁴ Deacon Oliver Sewall appears on the census of 1850 at Chesterville as a farmer.⁴ He appears on the census of 1 June 1860 at Chesterville, Maine, as a farmer with real estate valued at $500 and personal at $220.⁶ He was buried in North Chesterville Cemetery, Farmington, Franklin County, Maine.⁷ He died on 30 May 1861 in Chesterville, Franklin County, Maine, at the age of 72.^4,7

     Nathan Sewall was born on 3 April 1790 in Chesterville, Franklin County, Maine.^2,3 He was the son of Rev. Jotham Sewall and Jenney Sewall.¹ Nathan Sewall died on 29 April 1790 in Chesterville, Franklin County, Maine.²

     Rev. Jotham Sewall was born on 6 December 1791 in Chesterville, Franklin County, Maine.^3,4 He was the son of Rev. Jotham Sewall and Jenney Sewall.² Rev. Jotham Sewall married Rachel Crosby Bradbury, daughter of John Bradbury and Priscilla Burbank, on 24 January 1815 in Chesterville.³ Rev. Jotham Sewall was ordained on 3 November 1824 in the Congregational Church and Society, Newcastle, where he served for over 15 years. The consecrating prayer was given by his father.³ He married secondly Anna Baker on 20 November 1838.⁵ On 9 October 1840 he was installed as Minister by his father at Westbrook.⁶ On 24 August 1843 at Bluehill, again being installed by his father.⁷ On 16 February 1853 he was installed over the Congregational Church in Orfordville, New Hampshire.⁸ Rev. Jotham Sewall married thirdly Martha A. Bourbon on 13 September 1860.⁵ Rev. Jotham Sewall died on 18 December 1884 in Bangor, Maine, at the age of 93 (whilst Maine Families reports his death as taking place in Williamstown, Massachusetts; various newspapers state that it happened at his son's (Professor John Sewall) residence).^3,9

     Gen. Henry Sewall was born on 19 July 1793 in Chesterville, Franklin County, Maine.^3,4,5 He was the son of Rev. Jotham Sewall and Jenney Sewall.¹ Gen. Henry Sewall married Mary Witherell, daughter of Major Obadiah Witherell and Mary (Unknown), on 15 January 1816 in Norridgewock.⁶ Gen. Henry Sewall appears on the census of 1850 at Chesterville.⁴ Gen. Henry Sewall was living in Augusta.⁷ He died on 17 June 1864 in Chesterville, Franklin County, Maine, at the age of 70.⁸

     Jenny Sewall was born on 9 August 1795 in Chesterville, Franklin County, Maine.^2,3 She was the daughter of Rev. Jotham Sewall and Jenney Sewall.¹ Jenny Sewall died on 21 August 1796 in Chesterville, Franklin County, Maine, at the age of 1.^2,3

     Julia Sewall was born on 5 July 1797 in Chesterville, Franklin County, Maine.^2,3 She was the daughter of Rev. Jotham Sewall and Jenney Sewall.¹ Julia Sewall married Cyrus Pierce, son of Simon Pierce and Hephzibah Wood, on 7 January 1818.⁴ Julia Sewall died on 5 April 1857 in Chesterville, Maine, at the age of 59 s.p.^2,5

     Sarah Sewall was born on 19 July 1799 in Chesterville, Franklin County, Maine.¹ She was the daughter of Rev. Jotham Sewall and Jenney Sewall. Sarah Sewall died on 11 January 1803 "after an attack of quinsy about 10.20 in the evening, aged nearly three and a half". Her father lamented long over her death, convinced she died a sinner.^2,1

     Mary Sewall was born on 1 August 1801 in Chesterville, Franklin County, Maine.² She was the daughter of Rev. Jotham Sewall and Jenney Sewall.¹ Mary Sewall married Rev. Nathaniel Chapman, son of Joseph Chapman and Mary Moore, on 13 February 1822 in Chesterville, Maine, (Native ministry gives February 1821).^3,4,2 Mary Sewall died on 17 September 1825 in Bristol at the age of 24.^4,2 She was buried on 20 September 1825.⁴

     Otis Sewall was born on 4 December 1802 in Chesterville, Franklin County, Maine.^2,3 He was the son of Rev. Jotham Sewall and Jenney Sewall.¹ Otis Sewall died on 21 March 1814 in Chesterville at the age of 11 aged 11, of typhus fever which prevailed with great mortality in many towns on the Kennebec and Sandy rivers and their vicinity.^4,2

     Rachel Crosby Sewall was born on 15 December 1804 in Chesterville, Franklin County, Maine.^2,3 She was the daughter of Rev. Jotham Sewall and Jenney Sewall.¹ Rachel Crosby Sewall died on 11 December 1805 in Chesterville, Franklin County, Maine, of canker rash (scarlet fever).^2,3

     Betsy Sewall is also recorded as Elizabeth Sewall.² She was born on 12 November 1806 in Chesterville, Franklin County, Maine.² She was the daughter of Rev. Jotham Sewall and Jenney Sewall.¹ Betsy Sewall married Rev. John Billings on 30 January 1827 in Mount Vernon.² Betsy Sewall died on 21 January 1899 in Parkman at the age of 92.² She was buried in Parkman village cemetery.

      Congregationalist clergyman.³ Rev. Daniel Sewall was born on 4 November 1808 in Chesterville, Franklin County, Maine.^4,5 He was the son of Rev. Jotham Sewall and Jenney Sewall.¹ Rev. Daniel Sewall married Angelina Brown on 9 October 1833 in Chesterville, Franklin County, Maine.^4,6 Rev. Daniel Sewall was ordained on 15 March 1837 and was received into the First Church in Scarborough under the pastoral care of Thomas Jameson 23 April 1840. He assumed responsibility for the church soon afterwards.² He died on 21 April 1866 in Augusta, Maine, at the age of 57 When taken sick he was pursuing his labours as Bible Society agent, and so sudden was his attack that he was only able to reach his son's house, a few miles distant, there to find his death-bed. Suffering much from feeble health during the past winter, he seems to have had a premonition of his approaching departure. The following words are extracted from a letter he wrote the Managers of the Bible Society six weeks previous to his death: "I am waiting to see what the Lord is preparing for me - life or death - permanent disability of recovery."^4,7

     Israel Burbank was born circa 1755.² He was the son of Benjamin Burbank and Jane Sewall.¹

     John Burbank was born circa 1760.² He was the son of Benjamin Burbank and Jane Sewall.¹

     Mehitable Burbank was born on 27 November 1754 in Arundel, Maine.³ She was the daughter of Benjamin Burbank and Jane Sewall.¹ Mehitable Burbank married Abel Merrill on 5 December 1776 (for issue see 107 NEHGR). Mehitable Burbank died on 26 December 1817 in Arundel, Maine, at the age of 63.³

     Priscilla Burbank was born on 2 August 1764 in Maine.² She was the daughter of Benjamin Burbank and Jane Sewall.¹ Priscilla Burbank married John Bradbury on 11 April 1788 in York.³ Priscilla Burbank died on 8 April 1831 at the age of 66.

     Martha Salisbury was born on 14 March 1771 in Boston, Massachusetts.^2,3 She was the daughter of Deacon Samuel S. Salisbury and Elizabeth Sewall.² Martha Salisbury married Stephen Higginson Jr., son of Hon. Stephen Higginson and Susanna Cleveland, on 7 August 1794 in Boston, Massachusetts.^2,3 Martha Salisbury died on 29 September 1803 in Boston, Massachusetts, at the age of 32.³

     Abiah Hyde was born on 27 December 1744 in Norwich, Connecticut, (Cleveland gives 1749).² She was the daughter of James Hyde and Sarah Marshall. Abiah Hyde married Rev. Aaron Porter Cleveland, son of Rev. Aaron Cleveland and Susanna Porter, on 12 April 1768 in Norwich, Connecticut.² Abiah Hyde died on 23 August 1788 in Norwich, Connecticut, at the age of 43.³

      Served in the American Revolution and as a member of the Connecticut House of Representatives in 1799 he introduced a bill for the abolition of slavery.³ Rev. Aaron Porter Cleveland was born on 2 February 1744 in East Haddam, Connecticut.⁴ He was the son of Rev. Aaron Cleveland and Susanna Porter.² Rev. Aaron Porter Cleveland married firstly Abiah Hyde, daughter of James Hyde and Sarah Marshall, on 12 April 1768 in Norwich, Connecticut.⁵ Rev. Aaron Porter Cleveland married secondly Elizabeth Clement, daughter of Jeremiah Clement and Mary Mosely, on 23 October 1788 in Norwich, Connecticut.^3,5 Rev. Aaron Porter Cleveland died on 21 September 1815 in New Haven, Connecticut, at the age of 71.⁵

     Jennet Livingston was born on 1 November 1730 in New York, New York.^2,3 She was the daughter of James Livingston and Maria Kierstede.² Jennet Livingston married Chief Justice Hon. William Smith, son of Judge William Smith and Mary Hett, on 3 November 1752.³ Jennet Livingston died on 1 November 1819 in Quebec City at the age of 89 at the house of her daughter Harriet (Henrietta).^2,4

     Col. John Saint-Alban Sewell was born illegitimate in 1793 at Quebec City; though Roy gives a date of 16 May 1794 and further describes him as the son of Colonel John Sewell.² He was the son of Chief Justice Jonathan/3 Sewell and Elizabeth Cornfield.¹ Col. John Saint-Alban Sewell was baptised on 22 September 1793 at Holy Trinity Anglican Cathedral, Quebec, by the Rev. Salter Jehoshephat Mountain. The godparents were John Coffin, Junior; John Taylor, Assistant Paymaster General and the mother. He married firstly Margaret Hobbs, daughter of Justice (unknown) Hobbs, in 1821 in Cork, Ireland.³ Col. John Saint-Alban Sewell married secondly Emma Gravely, daughter of John Gravely and Martha (Unknown), on 16 April 1853 in Quebec.⁴ Col. John Saint-Alban Sewell died on 21 April 1875 in Quebec City "aged eighty one."⁵ He was buried on 24 April 1875 in Mount Hermon Cemetery, plot 166.^5,1

At the age of thirteen young Sewell embarked on a British warship to start his apprenticeship as a marine, however he soon disembarked to accept an ensignship in the 89th Regiment, which was then serving in India. Upon his return to England Lt. Sewell transferred to the 49th Regiment which was leaving for Canada. At the end of the 1812-1813 campaign he was promoted to adjutant of his regiment on account of his conduct in the war. The 49th were recalled to Europe a little after 1813 to take part in the war against Napoleon. During the Kaffir Wars Sewell was mentioned in despatches for his bravery. He retired on 27 April 1829 as a captain.
A little after his return to Canada on 13 April 1831 he was appointed Gentleman Usher of the Black Rod to the Legislative Council. In 1839 he was named Post-Master for Quebec, a position he held for 36 years. He continued his military interest in Canada serving in the volunteers. A few hours before his death, he asked for a funeral with full military honours, this was granted and soldiers from Battery B and from the 8th Battalion accompanied the old soldier to the Anglican Cathedral and to Mount Hermon.⁶

     Jane Caldwell was born circa 1781 in Albany, New York.² She was the daughter of James Caldwell.¹ Jane Caldwell married Stephen Sewell K.C., son of Jonathan/2 Sewell and Esther Quincy, on 18 June 1801 in Christ Church, Montreal.² Jane Caldwell died on 19 October 1847 in Montreal.³ She was buried on 21 October 1847 in Montreal.³

     James Caldwell was the son of William Caldwell and Elizabeth Barnes.¹

     William Caldwell married Elizabeth Barnes, daughter of William Barnes.¹

     Elizabeth Barnes was the daughter of William Barnes. Elizabeth Barnes married William Caldwell.¹ Elizabeth Barnes died in 1828.¹

     Elizabeth Caldwell Sewell was born on 11 April 1802.² She was the daughter of Stephen Sewell K.C. and Jane Caldwell.² Elizabeth Caldwell Sewell was baptised on 24 May 1802 at Christ Church Cathedral, Montreal.¹ She died on 9 January 1803.³ She was buried on 11 January 1803 in Montreal.³