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Home < General Information < History < The Clerks of the Court
- Jonathan Steele (November 1789 - May 1804)
- Richard Cutts Shannon (May 1804 - April 1814)
- George Washington Prescott (April 1814 - February 1817)
- Peyton R. Freeman (March 1817 - May 1821)
- William Claggett (May 1821- March 1825)
- Samuel Cushman (March 1825 - March 1826)
- Charles W. Cutter (March 1826 - May 1841)
- John L. Hayes (May 1941 - December 1846)
- Albert R. Hatch (January 1847 - May 1867)
- Charles H. Bartlett May 1867 - June 1883)
- Benjamin F. Clark (June 1883 - August 1891)
- Fremont E. Shurtleff (August 1891 - August 1900)
- Burns P. Hodgman (August 1900 - September 1923)
- Thomas B. Donnelly (September 1923 - October 1941)
- Ray E. Burkett (October 1941 - December 1945)
- William H. Barry, Sr. (December 1945 - February 1957)
- Charles M. Sawyer (March 1957 - July 1966)
- Elizabeth M. Hoyt (August 1966 - July 1969)
- William H. Barry, Jr. (August 1969 - May 1984)
- Kathleen Northrup (May 1984 - November 1984)
- James R. Starr (November 1984 - Present)
Clerks of the Court
Every court system, whether local, state, or federal, has one or more Clerks of the Court. The Clerk of the Court is the chief administrative officer of the court; it is the clerk's job to see that the court runs smoothly. A clerk schedules trials by listing them on the docket, handles the paperwork that comes in and out of the court, informs lawyers of deadlines that pertain to court business, handles the court's budget, and manages court personnel.
The Judiciary Act of 1789 provided for the appointment of clerks and charged them with keeping all official court records and documents. In the early courts the clerks handled the majority of the tedious or time-consuming work brought before the court. This allowed the judges to concentrate on the legal matters before them.
 This is the first recorded attempt of someone avoiding jury duty |
Londonderry Saturday Evening
Sept. 29th, 1821
I do hereby certify that Mr _________ of this town is now confined to his bed sick with disentery. He was attacked night before last - his fever is severe - should he recover favorably he will not be able to sit up much next week. His wife and hired girl, the whole family are also sick with disentery.
George Farrer Their Family Physician
Up until 1839, the Clerk of the District Court for the District of New Hampshire was also the Clerk of the Circuit Court for the District of New Hampshire. Life was busy for these clerks; they had to travel with the courts between Exeter and Portsmouth and they had to handle all the extra paperwork caused by the large number of trials continued. In the Final Records of the Circuit Court for New Hampshire, for example, the phrase "----- v. ----- cont'd" is very common. This means that the case in question was postponed; it did not take up any courtroom time. This does not mean that it did not take up any court time, however, because the clerk's office would continually be in communication with the parties ensuring that deadlines were met and scheduling was updated. The clerks were required to travel extensively both to maintain current records and to make sure that all other necessary records and documents were present wherever the Circuit Court was sitting. After 1839 the judge of each court appointed his own clerk.
The federal judicial system has grown tremendously since its inception in 1789. Today, the federal judiciary has to deal with a huge volume of cases which generate thousands of pages of documents. Throughout these two hundred years of growth, the Clerks have been responsible for adapting to meet the demands of the burgeoning court system. The Clerks of today's court are responsible for the following major tasks: (1) preparing and managing the annual budget, (2) hiring personnel, (3) designing and managing training programs, (4) consulting with and making recommendations to the judges concerning court policies and procedures, (5) conducting studies and preparing statistical and narrative reports, (6) informing bar members of the proper filing procedures and requirements associated with bringing a case to trial, and finally, (7) ensuring that all court proceedings are properly and thoroughly documented and that cases and trials are moved through the system efficiently.
The clerks' unique importance in the running of the courts means that new members of the bar are well advised when told that "[o]ne court official essential for any lawyer to cultivate as a friend is the clerk."
John Steele
(September 3, 1760-1824)
Term: November 1789 - May 1804
Jonathan Steele was born in Londonderry, New Hampshire. He began the study of law as a teenager under the guidance of John Sullivan of Durham. Mr. Steele eventually established his own practice in the town of Durham.
When John Sullivan, Steele's father-in-law, was appointed United States Judge for the District of New Hampshire in 1789 he appointed Jonathan Steele Clerk of the Court. After Judge Sullivan's death in 1795, Mr. Steele was reappointed to the position by the new District Judge, John Pickering. Charles Bell provides an interesting note about Jonathan Steele. He says,
When [Judge Pickering], by a perversion of justice, was removed from the judgeship, Steele, who had been one of the witnesses against him, was tendered the appointment of U.S. District Attorney, but declined to accept it, avowedly because he was unwilling to profit by the misfortune of his former chief, to which he had been made to contribute by his testimony.
Evidently, the Republicans in power, who voted to impeach Judge Pickering, wanted to reward Mr. Steele for his assistance. Mr. Steele would not involve himself further in these party politics.
Jonathan Steele retired from his position as court clerk in 1804 to be a presidential elector for the state of New Hampshire. In 1805, he was elected as a representative from Durham to the state legislature. Finally, in 1810, Mr. Steele was appointed to the Superior Court by Governor Jeremiah Smith. Judge Steele relinquished his seat on the bench after two years, finding both the position and the salary unsatisfactory. He returned to the private practice of law for the remainder of his life.
Richard Cutts Shannon
(May 9, 1743 - April 7, 1821)
Term: May 1804 - April 1814
Richard Shannon was born in Newcastle, New Hampshire, the son of Cutt and Mary Shannon. Richard Shannon spent several years in the counting rooms of Portsmouth receiving a mercantile training. However he felt a stronger inclination for the legal profession and switched to the study of law in the office of Samuel Livermore. In 1774 Mr. Shannon was chosen to be a town attorney for Portsmouth. In 1775, he moved to Hollis. Shannon was a Loyalist, i.e., loyal to the English crown, and was not sympathetic to the cause of the Sons of Liberty. For this reason, he was imprisoned in Exeter in 1777 over a political dispute in which he opposed their rebellious activities. It is speculated that his time in jail greatly changed his attitude toward the revolution because Richard Shannon was elected by the patriotic town of Hollis to represent it in the state legislature in 1787.
In 1804 Mr. Shannon was appointed Clerk of the United States District Court through the influence of Governor Langdon. Shannon resigned from his office in 1814.
George Washington Prescott
(January 8, 1776 - March 17, 1817)
Term: April 1814 - February 1817
Prescott was found hardly a match for Webster and Mason, and Langdon took his protege to task for suffering his Federal opponents to get the advantage of him. "Why, if I were you," urged the governor,whose notion of literature of the bar was rather limited, "I'd study the statutes till I got every word of them by heart, before I would allow those fellows to beat me."A veteran of the War of 1812, Prescott was a captain in the Army under General Harrison at the battle of Tippecanoe. After the war he returned to the practice of law in Portsmouth. In 1814 Mr. Prescott was appointed Clerk of the United States District Court, a position which he held until his appointment as Judge of the Court of Common Pleas in 1817.
Peyton R. Freeman
(November 14, 1775 - March 26, 1868)
Term: March 1817 - May 1821
Peyton Randolph Freeman, son of Jonathon and Ruth (Huntington) Freeman, was born in Hanover, New Hampshire on November 14, 1775. He graduated from Dartmouth College in 1796, and studied law in Amherst at the office of William Gordon and in Hanover at the office of Benjamin J. Gilbert.
Freeman began legal practice in Hanover but moved to Portsmouth in 1803. Mr. Freeman was deputy Secretary of State from 1816 to 1817. In 1817 he was appointed Clerk of the United States District Court for the District of New Hampshire and retained that position until 1821.
Freeman was fond of the study of law, most especially of its more obscure points. As a result of his scholarship and hard work, he was regarded with respect as an able counselor. His opinions and aid were often sought in equity cases and complicated questions of law. Charles Bell says, "In the process of time he became known as a black-letter lawyer, and was resorted to for the solution of questions especially unusual and recondite."
William Claggett
(April 8, 1790 - December 28, 1870)
Term: May 1821- March 1825
William Claggett was born in Litchfield, New Hampshire, the son of the Honorable Cliffton Claggett of the Superior Court. After graduating from Dartmouth College, William served his legal apprenticeship with his father, Edmund Parker of Amherst, and George Sullivan of Exeter.
In 1821 Mr. Claggett was appointed Clerk of the Circuit Court and District Court of the United States, a position he held for four years. After his work in the courts, Mr. Claggett served as a naval officer in Portsmouth. In 1825, he was elected to the state Senate.
During his latter years, Mr. Claggett's practice slowly diminished, and he was frequently unemployed. The decline of what had seemed so bright a future has been attributed to a character flaw which caused his clients to lose confidence in his professional abilities.
Samuel Cushman
(July 21, 1783 - May 22, 1851)
Term: March 1825 - March 1826
Samuel Cushman was born in Hebron, Maine, the son of Job and Priscilla Cushman. Samuel attended area schools and received his legal training with John Holmes of Alfred, Maine, a man known as an eccentric genius. In 1807, Cushman established his own practice in Parsonfield, Maine, which he maintained for nine years until he moved to Portsmouth, New Hampshire.
In 1825, Mr. Cushman was appointed Clerk of the United States District Court. He served for only one year. Mr. Cushman was very active politically, serving as an executive councilor and as a Congressman for two terms (starting in 1835). He was appointed Justice of the Police Court following the adoption of the Portsmouth Charter in 1850, but died the following year.
Charles W. Cutter
(June 11, 1799 - August 6, 1856)
Term: March 1826 - May 1841
Charles William Cutter was born in Portsmouth, New Hampshire. Cutter studied law in the office of Jeremiah Mason of Portsmouth. After his admission to the bar in 1821 he established his own practice, also in Portsmouth.
Mr. Cutter was well respected for his abilities with both pen and voice. He was a contributor to the Portsmouth "Journal", and later was its associate editor from 1825 to 1830. During a short period living in Dover, Mr. Cutter founded the Dover "Republican."
Mr. Cutter served as a Portsmouth representative in the state legislature for several years before being appointed Clerk of the United States District Court on March 13, 1826. He held that position for fifteen years. In 1841, Cutter was appointed naval storekeeper and from 1849 to 1851 he served as navy agent.
Historian Charles Bell describes Mr. Cutter as,
a noble, generous-hearted man. Well informed in the literature of the day, interested in historical research, an attractive public speaker on the platform or from the desk, he was capable of winning distinction in almost any callingCharles William Cutter was well respected in the area of politics as well. He had close acquaintances with such notables as Daniel Webster and many other gentlemen of the government. Based on his experiences, however, he advised "every young man to follow any honest calling rather than rely for support upon public office.
John L. Hayes
(April 13, 1812 - April 18, 1887)
Term: May 1941 - December 1846
John Lord Hayes was born the son of the Honorable William and Susan Hayes in South Berwick, Maine. John Hayes studied law in his father's office and for a year at Harvard Law School. He practiced law in Portsmouth, New Hampshire, from 1835 until 1841. He was then appointed Clerk of the United States District Court and served as such for five years. In 1846 he became general manager of the Katahdin Iron Works Company of Maine. In 1849 he traveled to Washington, D.C. to establish a firm. Mr. Hayes then served as Chief Clerk of the United States Patent Office from 1861 to 1865 and later became Secretary of the National Association of Wool Manufacturers until his death in 1887.
Mr. Hayes was an avid scholar. His academic accomplishments include the translation into English of several medieval hymns, an expertise in textiles, the study of numerous sciences, contributions to the press, and lectures on various topics. He is said to have published more then one hundred papers on political, legal, and industrial subjects. In 1878, Dartmouth College conferred the degree of LL.D. upon John Lord Hayes.
Albert R. Hatch
(October 10, 1817 - March 5, 1882)
Term: January 1847 - May 1867
Albert Ruyter Hatch was born in Greenland, New Hampshire. After graduating from Bowdoin College in 1837, he studied law at the office of Ichabod Bartlett. Mr. Hatch went on to begin his own practice in Portsmouth. For many years he was the foremost practitioner in his county. He was a studious lawyer, always prepared for his cases and available in court. Mr. Hatch made sure of his facts before he gave an opinion; for this among other reasons he was well respected in his profession.
He served as a Portsmouth representative in the General Court in 1847 and 1848. In 1848 Mr. Hatch was appointed Rockingham County Solicitor, a post he held for eight years. Also in 1848 Mr. Hatch was appointed Clerk of the United States District Court and held that position for twenty-five years.
Albert Hatch resigned his post as clerk to again serve in the state legislature from 1873-1876. He served as Speaker of the House in 1874, as his party was in the majority.
Outside of the realms of law and politics, Mr. Hatch continued to be a busy man. He was interested in Freemasonry, was an active member in various Masonic bodies, and was the Commander of the Knights Templar in Portsmouth for twenty-five years. Albert Hatch was active in local issues, serving as the director of several companies in Portsmouth, including the Railroad and the Portsmouth Bridge Company. He was also an active member in the Episcopal Church, serving as vestryman and trustee of various parishes.
Charles H. Bartlett
(October 15, 1833 - January 25, 1900)
Term: May 1867 - June 1883
Charles Henry Bartlett was born in Sunapee, New Hampshire, the fourth son of John and Sarah Bartlett. Much of his early life was spent working on the family farm; he attended school only during the winter months. During his early teen years, Charles Bartlett developed an interest in the study of law. Eventually he worked and studied at the offices of Metcalf & Barton of Newport, George & Foster of Concord, and Morrison & Stanley of Manchester. Mr. Bartlett was admitted to the state bar in 1858 and established his practice in Wentworth, New Hampshire. In 1863 he changed his place of residence to Manchester.
In 1867, Mr. Bartlett was appointed Clerk of the United States District Court by Judge Daniel Clark. While Clerk of the Court, he held several other public offices: Mayor of Manchester, 1872-1873, (a position from which he resigned because the federal government would not allow him to hold both the clerkship and a municipal office), Clerk of the Senate, 1861-1865, and United States Commissioner, 1872. He was also a trustee of the Merrimack River Savings Bank from 1874 until 1900. He retained his position as Clerk until his election to the state senate in 1883.
Mr. Bartlett was an extremely active man throughout his life. He contributed time, money, and leadership to innumerable charities and to public and social organization. He dedicated his life to his country, his religion, and his fellow man. Dartmouth College conferred an honorary M.A. upon Charles Bartlett in 1881.
Benjamin F. Clark
(June 25, 1843 - Unknown)
Term: June 1883 - August 1891
Benjamin Franklin Clark was born in Townsend, Massachusetts, the son of Benjamin and Maria Clark. He attended the public school system in Lowell and Lunenburg, Massachusetts and at seventeen apprenticed at a machine shop in Fitchburg, Massachusetts.
On June 28, 1861, Clark enlisted in the Army, joining Company B, Fifteenth Regiment, of the Massachusetts Volunteer Infantry. He was discharged after being blinded in his right eye by gunshot. He moved to Conway, New Hampshire, where he managed a machine factory owned by B.F. Sturtevant.
Judge Edgar Aldrich appointed Mr. Clark Clerk of the United States District Court in 1883, a position he held until 1891 when he became a member of the New Hampshire Legislature.
Fremont E. Shurtleff
(August 5, 1861 - Unknown)
Term:August 1891 - August 1900
Fremont Elderkin Shurtleff was born in Hatley, Quebec. He was the son of Dr. Solon and Rebecca Shurtleff and was educated in the public school system of St. Johnsbury, Vermont. Later he went on to attend the University of Michigan, and graduated in 1884 with a B.A.
Shurtleff worked in the freight offices of the Boston-Lowell and Boston-Maine Railroads for four years after his graduation. In 1888 he was appointed Clerk Stenographer of the United States District Court for the District of New Hampshire; he held that position until 1891. Judge Edgar Aldrich appointed him clerk of the court that year. Mr. Shurtleff held that position until 1900 when he began to practice law in Concord. He served as United States Commissioner during his term as Clerk of the United States District Court.
Burns P. Hodgman
(December 30, 1875 - Unknown)
Term: August 1900 - September 1923
The son of Charles and Sarah Hodgman, Burns Hodgman graduated from Littleton (his birthplace) High School in 1895. Following high school, he attended Boston University, graduating cum laude with an LL.B. in 1898. Mr. Hodgman was admitted to the New Hampshire Bar in that year and began a practice in Littleton. He was first appointed as Deputy Clerk in Novermber of 1899, then appointed Clerk of the United States District Court in 1900 and served in that capacity until 1923.
Burns Hodgman held a wide variety of positions, including United States Commissioner, President of the First National Bank in Concord, President of Rumford Printing Company, and President of the New Hampshire Bankers Association.
Thomas B. Donnelly
(Unknown - October 16, 1941)
Term: November 1923 - October 16, 1941
Born in West Manchester, Thomas Donnelly was educated in the local schools and at St. Joseph's High School. He eventually made his home on Maple Street with his wife Rose.
Mr. Donnelly was active in public life for many years prior to accepting the post of Federal Clerk in November 1923. He also served as Deputy Sheriff in Hillsborough County under two different administrations.
Mr. Donnelly suffered a heart attack in the courtroom at Littleton at the close of the afternoon session on October 16, 1941, and died that evening in the Thayer Hotel with his wife and physician at his bedside.
Ray E. Burkett
(Unknown - 1945)
Term: 1941 - 1945
William H. Barry, Sr.
(March 12, 1878 - March 17, 1958)
Term: December 1945 - February 1957
William H. Barry, Sr. was born in Nashua, New Hampshire, to Patrick and Honor Barry. He attended Nashua High School and went on to Holy Cross College, graduating in 1898. Mr. Barry attended Harvard University Law School where he received the degree of LL.B. in 1901.
William Barry served as Nashua City Solicitor from 1907 until 1909, and Mayor from 1911 until 1915. He was elected to the New Hampshire House of Representatives in 1923 and to the State Senate in 1931. From 1933 until 1945, Mr. Barry served on the New Hampshire Public Service Commission. In 1945 he was appointed Clerk of the United States District Court, holding that office until 1957.
Charles M. Sawyer
(February 2, 1906 - February 17, 1982)
March 1957 - July 1966
Charles Murray Sawyer was born in Concord, the son of a New Hampshire State Superior Court Judge. Sawyer graduated from Concord High School in 1924 and from the University of New Hampshire in 1928. He received the degree of LL.B. from Boston University Law School in 1931 and was admitted to the New Hampshire Bar shortly thereafter.
Mr. Sawyer practiced law in Lebanon until 1935. He was then appointed Clerk of Grafton County Superior Court. After his resignation in 1947, he once again entered private practice, this time in Concord, New Hampshire. Shortly afterwards, he accepted the position of Clerk of Concord Municipal Court, a post he held for six years.
Mr. Sawyer first joined the United States District Court as Deputy Clerk, succeeding Mr. William H. Barry, Sr. as Clerk in March 1957. After retiring from the United States District Court in 1966, Mr. Sawyer worked for New Hampshire Legal Assistance until 1974.
Elizabeth M. Hoyt
(October 24, 1910)
Term: August 1966 - July 1969
Elizabeth Hoyt was the first woman ever to be appointed the Clerk of a Court in New Hampshire. Mrs. Hoyt graduated from Concord High School in 1927 and later completed a two-year secretarial course at Boston University. She graduated with a degree in Practical Arts and Letters in 1930. Mrs. Hoyt began working shortly thereafter as a Clerical Assistant at the United States District Court.
Mrs. Hoyt was promoted to Deputy Clerk in 1941, and then to Chief Deputy Clerk in 1954, and upon Charles M. Sawyer's resignation, to Clerk in 1966.
Since retiring from the Court, she has been very active in community service, including the Red Cross and the South Congregational Church. Mrs. Hoyt resides in Concord, New Hampshire, with her husband Richmond.
William H. Barry, Jr.
(February 3, 1930)
Term: August 1969 - May 1984
William Henry Barry, Jr., was born in Nashua to the former Clerk of the United States District Court, William Henry Barry, Sr. and his wife Mabel. William Barry, Jr. graduated from Holy Cross College in 1956 and received the degree of LL.B. in 1961 from Suffolk University. After graduating, he entered private legal practice.
In 1965, Mr. Barry became Regional Counsel for the Small Business Administration, and the following year he was appointed Assistant United States Attorney. Mr. Barry held that appointment until 1969, when he was appointed Clerk of the United States District Court. After serving as part-time magistrate and clerk, he resigned his clerkship in 1984 to become the first full-time United States Magistrate for New Hampshire, the position he currently holds.
Magistrate Barry is a member of the New Hampshire Bar Association's Committee on Cooperation with Courts and a part-time faculty member at Rivier College. He lives with his wife Nancy in Nashua; they have three children -- William III, Julie, and Maura.
Kathleen Northrup
Term: May 1984 - November 1984
Kathleen Northrup was born in Manchester, New Hampshire, the daughter of William and Anna Northrup. Ms. Northrup graduated from Manchester Central High School in 1965.
After graduating, she took a job with the Small Business Administration which she held until 1971. Ms. Northrup left to become Courtroom Deputy to Judge Bownes in the United States District Court. She assumed the duties of Clerk of the Court on an interim basis after Mr. Barry's (Jr.) resignation, holding the position for seven months. After her brief tenure as Clerk, Ms. Northrup resumed her duties as Courtroom Deputy. The position of Chief Deputy was reinstated in June 1989 for the first time since 1966, and Ms. Northrup was promoted to that position.
Ms. Northrup is single and resides in Hooksett.
James R. Starr
(May 25, 1951)
(November 1984 - Present)
James Ray Starr was born in Waterloo, Iowa. After graduating from high school in Des Moines, Mr. Starr received a Bachelor of Business Administration from the University of Iowa in 1973. On a two-year trip across the country he decided to move to the Northeast, and specifically to New Hampshire, after completing his legal education. Mr. Starr graduated from Drake University Law School with a J.D. in 1978.
Upon arriving in New Hampshire, he held the position of law clerk for the New Hampshire State Superior Court from 1978 through 1979. Mr. Starr was then appointed Deputy Clerk for the same court, a position he held until being appointed Clerk of Merrimack County Superior Court in 1983. In November of 1984, Mr. Starr was appointed Clerk of the United States District Court.
Mr. Starr resides in Dunbarton with his wife Cathy Green and has two daughters Michelle and Victoria.
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