Augustus H. Fenn
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Augustus Hall Fenn (January 18, 1844 – September 12, 1897) was an American judge. He was justice of the
Connecticut Supreme Court The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the supreme court, highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit i ...
from 1893 until his death in 1897.


Biography


Early life and career

Augustus Hall Fenn was born in
Plymouth, Connecticut Plymouth is a town in Litchfield County, Connecticut, United States, located within the Naugatuck Valley Planning Region. It is named after Plymouth, Devon, England. The population was 11,671 at the 2020 census, down from 12,243 at the 2010 cen ...
, to Augustus L. and Maria Hall Fenn, with ancestry in the state tracing back to their 1635 arrival there. He attended the common school in his native Plymouth and the high school in
Waterbury, Connecticut Waterbury is a city in the U.S. state of Connecticut. Waterbury had a population of 114,403 as of the 2020 United States census, 2020 Census. The city is southwest of Hartford, Connecticut, Hartford and northeast of New York City. Waterbury i ...
. He "early showed unusual literary talent", and at fifteen published a volume of poems, although in his later life he studiously hid this volume from the public eye.J. H. Vaill,
Obituary Sketch of Augustus H. Fenn
, in James P. Andrews, ed., ''Connecticut Reports: Proceedings in the Supreme Court of the State of Connecticut'', Vol. 69 (1897), p. 736-739.
He began the study of law at the age of eighteen with Hon.
Ammi Giddings Ammi Giddings (c. 1822 – February 13, 1882) was an American lawyer and politician from Connecticut, who was twice elected to the Connecticut Senate. He served as President pro tempore of the Connecticut Senate. He was appointed to the Montana ...
in his native town, but relinquished it after a few months to enlist in the
United States Army The United States Army (USA) is the primary Land warfare, land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of th ...
during the
American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...
. He entered the military service as lieutenant in the
19th Connecticut Infantry Regiment The 19th Connecticut Infantry Regiment was an infantry regiment that served in the Union Army during the American Civil War. Service The 19th Connecticut Infantry Regiment was organized beginning July 25, 1862, and continued through September 9, ...
, in July, 1862. The following year, when his regiment became the 2d Connecticut Heavy Artillery, he was promoted to captain. The adjutant and historian of his regiment says of him: "He proved himself one of the best drill masters and disciplinarians in the regiment, and one of the most competent officers in every position". He served for a time on the staff of General
Emory Upton Emory Upton (August 27, 1839 – March 15, 1881) was a United States Army general and military strategist, prominent for his role in leading infantry to attack entrenched positions successfully at the Battle of Spotsylvania Court House during th ...
, and was five times detailed as judge advocate. At the
Battle of Cedar Creek The Battle of Cedar Creek, or Battle of Belle Grove, was fought on October 19, 1864, during the American Civil War. The fighting took place in the Shenandoah Valley of Northern Virginia, near Cedar Creek, Middletown, and the Valley Pike. D ...
he lost his right arm. Hospital surgeons who attended him proposed to muster him out for disability, but he protested, and through the influence of General Ranald S. Mackenzie, he was retained. "In less than seven weeks from the time his arm was taken off at the shoulder he reported for full duty", writes his regimental historian, and he subsequently participated in several engagements. He was promoted to major in January, 1865, and was brevetted lieutenant-colonel and colonel for conspicuous instances of bravery. Fenn was mustered out of the military service with his regiment on August 18, 1865, and the following month resumed the study of law with Gen. S. W. Kellogg in
Waterbury Waterbury is a city in the U.S. state of Connecticut. Waterbury had a population of 114,403 as of the 2020 United States census, 2020 Census. The city is southwest of Hartford, Connecticut, Hartford and northeast of New York City. Waterbury i ...
. He gained
admission to the bar An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are dist ...
in
Litchfield County, Connecticut Litchfield County is a County (United States), county in northwestern Connecticut, United States. As of the 2020 United States census, 2020 census, the population was 185,186. The county was named after Lichfield, in England. Litchfield Count ...
, on February 15, 1867. He then pursued a course of study for a year at the
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
, from which he received a
bachelor of laws A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...
. After practicing for a year in Waterbury he opened an office in his native town, where he continued in the practice of his profession until 1875. He was judge of probate for several years in Plymouth, also holding several other minor public offices. In 1875 he was the Republican nominee for Connecticut Secretary of State, but his party ticket was unsuccessful in that election. Fenn was defeated by Marvin H. Sanger, who won 52.2% to Fenn's 43.1%. In 1876 he moved to Winsted. Having become an ardent admirer of Samuel J. Tilden in his fight against the " Tammany ring" of New York, Fenn determined to support Tilden if the latter ran for president, and therefore became allied with the Democratic party.


Political and judicial service

Fenn served multiple terms as the judge of probate for the Winchester district. He became a recognized authority in the state. In 1884, Fenn represented Winchester in the
Connecticut General Assembly The Connecticut General Assembly (CGA) is the state legislature of the U.S. state of Connecticut. It is a bicameral body composed of the 151-member House of Representatives and the 36-member Senate. It meets in the state capital, Hartford. The ...
, where he served on the judiciary committee and chaired the committee on forfeited rights. The following year, the Governor appointed him to a committee tasked with revising the state statutes. Despite changing his political affiliation, Fenn was not seen as a staunch partisan. In 1887, Republican governor Phineas C. Lounsbury nominated him to the Superior Court, and in 1892, another Republican governor,
Morgan Bulkeley Morgan Gardner Bulkeley (December 26, 1837 – November 6, 1922) was an American politician of the Republican Party (United States), Republican Party, businessman, and insurance executive. In 1876, he served as the first president of baseball's ...
, appointed him as an associate justice of the state supreme court. The state senate confirmed Fenn and fellow nominee Simeon E. Baldwin to seats on the court on February 1, 1887.The Senate Confirms
, ''The New Haven Morning Journal-Courier'' (February 2, 1893), p. 2.
Fenn valued these appointments and publicly stated that he would not seek any political position that would put him in competition with a Republican, out of gratitude for the trust shown by his political opponents. In the 1896 presidential campaign, Fenn aligned himself with the Republican Party. He began his tenure as a regular member of the Supreme Court in May 1891, although his appointment was officially completed on February 2, 1893. His final duties were at the May term in Norwich in 1897. Fenn was highly regarded by his colleagues for his demeanor, industry, and extensive legal knowledge, which included reading "not only the common books of the law but some which are not commonly looked at", including "the text of Littleton in the Norman French, Fearne's Contingent Remainders, and had gone over Coke's second, third and fourth Institutes". Fenn was president of the Connecticut Army and Navy Club at time of his death, a member of the
Grand Army of the Republic The Grand Army of the Republic (GAR) was a fraternal organization composed of veterans of the Union Army (United States Army), Union Navy (United States Navy, U.S. Navy), and the United States Marine Corps, Marines who served in the American Ci ...
, and of the Loyal Legion.


Personal life and death

Fenn married twice. His first wife was Frances M. Smith, whom he married in 1868; and his second wife was Mary E. Lincoln, whom he married in 1879. Four of his children, two with each wife, were still living at the time of his 1897 death. Fenn died in Winsted at the age of 53.


References

{{DEFAULTSORT:Fenn, Augustus H. 1844 births 1897 deaths People from Plymouth, Connecticut U.S. state supreme court judges admitted to the practice of law by reading law Justices of the Connecticut Supreme Court Harvard Law School alumni