91st PA: Enoch Carroll Brewster

Enoch Carroll Brewster

Before the war

Enoch Carroll Brewster was born on 16 April 1828 in Deerfield, Cumberland County, New Jersey, to Francis Enoch Brewster and Isabella Anderson. (Brewster was married to Maria H [unknown family name], but abandoned her for Isabella Anderson, with whom he had two children, Enoch and Frederick Carrol Brewster.) [sources: date: 5 (33 in 1862), 9, 10 (22 in 1850), 14 (1828), 15 (1828), 17 (36 at death in 1863). place: 9, 10 (Philadelphia PA), 14 (Philadelphia PA), 15 (Philadelphia PA), 17 (Philadelphia PA). parents: 9, 18]

He graduated from University of Pennsylvania in 1847. [sources: 14, 15]

He enrolled in Lafayette College, as a law student, under Judge Porter. [source: 14]

On 21 November 1848, he was admitted to the bar of Northampton County, Pennsylvania. [source: 15]

In 1850, he was living in Easton, Northampton County, Pennsylvania. He was a lawyer. [source: 10]

His father's will was contested by Benjamin Brewster (his half-brother). Apparently, it divided the estate between his illegitimate children (Enoch and Frederick), and vociferously criticized his wife. He had allegedly made an agreement with his wife in 1829 that she could bequeath whatever had belonged to her before their marriage (and she left it all to their daughter Anne), which he ignored. Benjamin asked that the will be destroyed, the estate divided between his sister and himself, and said that he would then divide his portion of the estate between Frederick and Enoch. After a jury was sworn in, Enoch and Frederick agree to Benjamin's terms, on the condition that they "be allowed to close the settlement of the personal estate under an administration". Benjamin agreed. [sources: 18, 22]

He was an attorney. [source: 5]

He married Sarah Ann Harwood on 13 October 1853. She was born in 1829/30, in Pennsylvania. They had six children:

[sources: 6, 9 (0 children), 19, 23, 24]

During the war

He also served in company I of the 21st Pennsylvania Infantry. He was mustered into service as a private on 29 April 1861, at Philadelphia Pennsylvania. He mustered out with his company on 8 August 1861. (Given the name, and his also being 33 years old, it seems likely this is the Enoch Brewster who served in the 91st Pennsylvania.) [source: 5]

He enlisted and was mustered into service as a private in company D, on 19 January 1862, at Philadelphia, Pennsylvania. He lived in Philadelphia, Pennsylvania. [sources: 1, 5, 37]

Before his promotion, he was a clerk in Colonel Gregory's office. [source: 8 (Tayman's testimony)]

He was promoted on 7 or 8 May 1862 to second lieutenant of company F, replacing Edward Phillips. He was appointed on 13 May 1862. [sources: 1, 3 (13 May), 5 (7 May), 7 (7 May)]

On 29 June 1862, he, along with the other commissioned officers in the regiment (except Colonel Gregory), signed a statement denying accusations that they were on the verge of open mutiny, that the regiment had been reduced to 400 men, and that Colonel Gregory was too lenient to Confederates and too harsh to men in the regiment. [source: 12]

On 8 August 1862, he was on duty as Officer of the Guard at the slave pen, in Alexandria Virginia. According to later testimony, he was so drunk that he couldn't perform his duty, and released two prisoners without permission (Private Levi Elder (69th NY) and Private Patrick Gallagher (91st PA, co.B)). He claimed that he had been unable to sleep the night before because of neuralgia, had missed breakfast, and had been taking a narcotic powder for pain, which made him inattentive to the "minutiae of duty", and which caused him to appear drunk. [sources: 4, 8]

A General Court Martial of which Lieutenant Colonel Edward Wallace was the president, tried him on two charges. [sources: 4, 20]

(1) "Drunkenness on duty." (specification: "That Second Lieutenant E. Carroll Brewster, Company F, 91st Regiment Pennsylvania Volunteers, while on duty as Officer of the Guard at slave pen, did become so drunk as to be unable to perform his duty properly. This at Alexandria, Va., on or about the 8th day of August, 1862.")

(2) "Violation of 81st Article of War." (specification: "That second Lieutenant E. Carroll Brewster, Company F, 91st Regiment Pennsylvania Volunteers, while on duty as Officer of the Guard at slave pen, did release without proper authority Private Levi Elder, 69th Regiment New York Volunteers, placed under his charge by Captain John D. Lentz, 91st Regiment Pennsylvania Volunteers, Deputy Provost Marshal, and Private [Patrick] Gallagher, of Company B, 91st Regiment Pennsylvania Volunteers. This at Alexandria, Va., on or about the 8th day of August, 1862.")

The trial started on 16 August, but was adjourned several times, and the prosecution did not begin presenting its case until 19 August. Captain John A Brewster of the 63rd Indiana Volunteers served as Brewster's counsel [source: 8]

His defence was marred by obviously unexpected answers. For example, the surgeon, Isaac Knight, claimed Brewster's condition should not have caused any abnormalities in his gait, and that he did not know that the medication (Dover's powder) could cause behavior simulating drunkenness. And the defense ended with testimony by Franklin Gilbert, who testified that Brewster had been inattentive to duty in the past. And the last testimony was provided by Gilbert, who when asked by the Judge Advocate what Brewster's "reputation for Sobriety" was, replied "Bad". While the defence did point to real problems with the prosecution's case, their own case reinforced the prosecution's significantly. [source: 8]

The court found him guilty on both counts, and sentenced him to be dismissed. On 12 September 1862, the Military District of Washington confirmed the sentence. [sources: 4, 21]

He was dismissed by sentence of a general court martial, on 28 September 1862. He was 2nd lieutenant of company F. [sources: 1 ('dis.'), 2, 3 (12 Sep), 5 (29 Sep), 7 (28 Sep), 37]

After the war

According to one report, he was City Solicitor of Philadelphia, Pennsylvania. However, I suspect this report confused him with his half-brother Frederick Carroll Brester, who became city solicitor in 1862. [sources: 15; re Frederick Carroll, see The cyclopedia of American biographies, by John Howard Brown, published 2006, Kessinger Publishing, page 404]

He died on the morning of 9 June 1863, of pneumonia. The funeral was held on Thursday the 11th, at his late residence, 136 S 6th Street, Philadelphia, Pennsylvania. He was buried at Monument Cemetery, Philadelphia, Pennsylvania. [sources: 9 (9 Jan 63), 11 (9 Jun 63), 13 (6 June), 14 (1863), 15, 17 (9 Jun), 25]

After Brewster's death, his widow married William Alfred Wellman, on 27 April 1871. [source: 6]

In 1870, his widow was living in New York City, New York. She was living with their children John and Lillie Brewster. [source: 24]

In 1880, his widow was living with her second husband, and with Lily and John Brewster. They were living on 487 [?] 5th Avenue, New York, New York. [source: 23]

She died on 12 November 1882 in New York City. [source: 6]

Researcher

Mary Brewster Campbell (Brewster's great-great-granddaughter) is researching him; contact her at marycampbell02@att.net.

Sources

1 Bates, Samuel Penniman. History of Pennsylvania volunteers, 1861-5. Harrisburg: B. Singerly, state printer, 1869-71. 5 volumes. 'Ninety-first regiment', volume 3, pages 186-233. (In the roster)

2 Official army register

3 regimental descriptive book (Enoch C Brewster)

4 general order 27, Headquarters Military District of Washington, 12 September 1862 (E Carroll Brewster)

5 Civil War Veterans' Card file, available at the Pennsylvania State Archives, searched 5 May 2004 (Enoch C Brewster)

6 Gambell-Littler-Clarry-Jackson-Pomeroy-Marsh GEDCOM, available on Rootsweb WorldConnect; contact Jim Gambell, last updated 20 April 2004, searched 5 May 2004 (Enoch Carroll Brewster)

7 list of commissioned officers ([Enoch] C Brewster)

8 court-martial record (E Carroll Brewster)

9 International Genealogical Index (searched October 2005, on www.familysearch.org) (Enoch Carroll Brewster)

10 1850 US census, Pennsylvania, Northampton County, Borough of Easton, page 159 = 315 handwritten (E C Brewster)

11 [death notice], Public Ledger, 6 [?] June 1863, page 2] (Enoch C Brewster)

12 'Ninety-first Pennsylvania Regiment'. Philadelphia Inquirer, 11 July 1862, page 2 (Enoch C Brewster)

13 [death notice], Philadelphia Inquirer 10 (sic) June 1863 page 5 (Enoch C Brewster)

14 Selden Jennings Coffin. The men of Lafayette, 1828-1893: Lafayette College, its history, its men ... G W West, 1891. Page 156. (Enoch C Brewster)

15 Graduates in Arts and science. University of Pennsylvania. Prepared by a committee of the Society of the Alumni. Philadelphia: Printed for the Society, 1880. Page 56. (Enoch C Brewster)

16 Record of the men of Lafayette: brief biographical sketches of the alumni of Lafayette College. By Selden J. Coffin. Easton, PA: Skinner & Finch, printers, 1879. Page 196. (Enoch Carroll Brewster)

17 death certificate, Philadelphia, Pennsylvania, 9 June 1863 (Enoch Carrol Brewster)

18 Garrick Mallery. [Brief statement of some of the leading facts connected with the recent feigned issue of Brewster vs. Brewster, brought to test the validity of the will of the late Francis E. Brewster]. 1855. (from Library of Congress) (Enoch C Brewster)

19 e-mail, Mary B Campbell to Harry A Ide, 22 July 2009 (Enoch Carroll Brewster)

20 National Archives Archival Research Catalog (accessed 24 July 2010) (E Carroll Brewster)

21 'From Washington' (Philadelphia Inquirer 25 September 1862, page 4) (E Carroll Brewster)

22 Denise M Larrabee. Anne Hampton Brewster: 19th-century author and "social outlaw": an exhibition 16 March - 31 August 1992. Philadelphia: The Library Company of Philadelphia, 1992. See especially pages 5-6 and 15. Available on Google Books (accessed 4 August 2012)

23 1880 US census, New York, New York County, New York City, supervisor's district 1, enumeration district 570, microfilm series T9, film 894, page 178 = 30 B handwritten (Sarah E Wellman)

24 1870 US census, New York, New York, ward 15, district 9, microfilm series M593, film 994, pages 6 verso = 12 handwritten to 7 recto = 13 handwritten (Sarah Brewster)

25 Find a grave, memorial 45306625, created by pat callahan, added 10 December 2009, accessed 4 August 2012 (Enoch Carroll Brewster)

26 death notice, Philadelphia Inquirer Tuesday 18 January 1853, page 2, Maria Brewster

27 death notice, North American (Philadelphia PA), 22 June 1854, page 2, Francis E Brewster

28 1850 US census [not transcribed], Pennsylvania, Philadelphia, Walnut Ward, page 445 recto = 887 handwritten (FamilySearch) (Francis E Brewster)

29 Rhode Island [not transcribed], deaths and burials, 1802-1950, abstract available on FamilySearch) (accessed 30 August 2012) (Frederick Carroll Brewster)

30 1870 US census [not transcribed], Pennsylvania, Philadelphia, ward 8, page 64 recto = 127 handwritten (FamilySearch) [note that Benj H Brewster is living next door to him, with no apparent spouse or children] (F Carroll Breuster)

31 1880 US census [not transcribed], Pennsylvania, Philadelphia, ward 8, microfilm series T9, film 1171, page 349 = 1 A handwritten (FamilySearch) (B H Brewster)

32 death certificate [not transcribed], Philadelphia, Pennsylvania, 4 April 1888, Benjamin Harris Breuster (FamilySearch)

33 Find a grave, memorial 7761502, Benjamin Harris Brewster, created by Thomas Fisher, 14 August 2003, accessed 30 August 2012

34 Find a grave, memorial 15974046, created by Janet Euler-Brady, added 2 Oct 2006, accessed 30 August 2012, Anne Hampton Brewster

35 1860 US census, Pennsylvania, Philadelphia, ward 8, microfilm series M653, film 1158, page 139 = 139 handwritten (Benjn H Brewster)

36 1850 US census, Pennsylvania, Philadelphia, Dock ward, microfilm series M43, film 817, page 470 recto = 63 handwritten (Benjamin H Brewster)

37 index to compiled service records of volunteer Union soldiers who served in organizations from the state of Pennsylvania (Enoch C Brewster)

Sources checked unsuccessfully

1860 US census
Ancestry and FamilySearch indices (accessed 25 January 2012)
1890 US census, veterans' schedules
Ancestry index (accessed 25 Jan 2012)
1900 US census
FamilySearch index (accessed 4 August 2012)
1910 US census
FamilySearch index (accessed 4 August 2012)
1920 US census
FamilySearch index (accessed 4 August 2012)
1930 US census
FamilySearch index (accessed 4 August 2012)
Pennsylvania veterans burial cards
Ancestry index (accessed 25 Jan 2012)
Records of headstones of deceased Union veterans, 1879-1903
FamilySearch index (accessed 4 August 2012)
applications for headstones for military veterans, 1925-1941
FamilySearch index (accessed 4 August 2012)
pension index, by name
Ancestry index (accessed 29 March 2006)
Find a grave
searched for Sarah Wellman d. 1882 (accessed 4 August 2012)

Display


Enoch Carroll Brewster in the 91st PA gedcom on RootsWeb WorldConnect

Enoch Carroll Brewster in the 91st PA database

1850 census

[1850 US census, Pennsylvania, Northampton County, Borough of Easton, page 159 = 315 handwritten]
[identification is uncertain]
line2
Dwellings visited213
Families visited234
NameE. C. Brewster
Age22
Sexm
Color 
Occupation of males over 15 yearslawyer
Real estate owned 
BirthplacePenna
Married within year 
Attended school within year 
Over 20 & can't read/write 
Deaf, dumb, blind, etc. 

1870 census

[1870 US census, New York, New York, ward 15, district 9, microfilm series M593, film 994, pages 6 verso = 12 handwritten to 7 recto = 13 handwritten]
[I did not transcribe the numerous other people in this household, headed by Charles Cropley]
[identification is probable, based on the spouse's and childrens' names]
line4067
Dwelling-house number[37]  
Family number[39]  
NameBrewster SarahBrewster John TDo Lillie
Age20 [sic]910
SexFMF
ColorWWW
OccupationKeeping House  
Real estate value   
Personal estate value   
BirthplacePennsylvaniaPennsylvaniaNew York
Father foreign born   
Mother foreign born   
Birth month if born within year   
Marriage month if married within year   
Attended school past year 11
Can't read   
Can't write   
Deaf, dumb, blind, etc.   
Male US citizen at least 21 years old   
Male US citizen at least 21 years old who can't vote ...   

1880 census

[1880 US census, New York, New York County, New York City, supervisor's district 1, enumeration district 570, microfilm series T9, film 894, page 178 = 30 B handwritten]
[identification is probable, based on the spouse's remarriage and the childrens' names]
line9101112
street name5" Avenue
house number487 [?]   
dwelling visit #192   
family visit #230   
nameWellman Wm- Sarah EBrewster LilyBrewster John
colorWWWW
sexMFFM
age58502019
month born if born in year    
relationship WifeStep Daughter" [sc. Step] Son
single  11
married11  
widowed/divorced    
married during year    
occupationMoney CollectorKeeping houseLiving home" "
months unemployed    
currently ill?    
blind    
deaf/dumb    
idiotic    
insane    
disabled    
school this year    
can't read    
can't write    
birthplaceNew YorkPennNew YorkPenn
father's birthplaceN.Y.NJ [?]PennPenn
mother's birthplaceN.Y.N.Y.PennPenn

index to compiled service records

[index to compiled service records of volunteer Union soldiers who served in organizations from the state of Pennsylvania]
[transcribed 10 Mar 2014, from Fold3]


Brewster, Enoch C.
Co. D, F, 91 Pennsylvania Inf.
Pvt. | 2" Lt
See also [blank]

GENERAL INDEX CARD.

death notice

[Public Ledger, 6 [?] June 1863, page 2]
[I received this copy from the Free Library of Philadelphia; the date was typed on the note accompanying the copy, and is obviously problematic; I assume it should be 10 or perhaps 11 June]

BREWSTER.--On the morning of the 9th instant, ENOCH C. BREWSTER, Esq.

The relatives and friends of the family are respectfully invited to attend the funeral, from his late residence, No. 136 South Sixth street, on Thursday, 11th inst., at 3 o'clock, P.M. **584

death notice

[Philadelphia Inquirer 10 (sic) June 1863 page 5]

BREWSTER.--On the morning of the 6th [sic] inst., ENOCH C. BREWSTER, Esq.

The friends and relatives of the family are respectfully invited to attend the funeral, from his late residence, No. 136 [?] S. Sixth street, on Thursday, the 11th instant, at 3 o'clock P.M.

The men of Lafayette (1891)

[Selden Jennings Coffin. The men of Lafayette, 1828-1893: Lafayette College, its history, its men ... G W West, 1891. Page 156.]
Brewster, Enoch C., A.M. * Lawyer Trenton, N.J. Flemington, N.J. W
Entered on college records only as a law student under Judge Porter, after graduating at U. Pa., 1847; b. Phila, '28; d. Phila. '63; 2d Lieut. 91st Pa. Regt., '61-2.

The men of Lafayette (1879)

[Record of the men of Lafayette: brief biographical sketches of the alumni of Lafayette College. By Selden J. Coffin. Easton, PA: Skinner & Finch, printers, 1879. Page 196]
[The asterisk indicates that the person is deceased (see p.iv)]

ENTERED IN 1847.

* ENOCH CARROLL BREWSTER.--Lawyer; on the College records entered as a law student; admitted to the bar of Northampton county, Nov. 21, 1848; practiced in Philadelphia, where he became City Solicitor.

[University of Pennsylvania graduates]

[Graduates in Arts and science. University of Pennsylvania. Prepared by a committee of the Society of the Alumni. Philadelphia: Printed for the Society, 1880. Page 56]
1847
[cross, indicating he is deceased] ENOCH C. BREWSTER.
b. Phila., 1828; d. Phila, 1863.
A.M. 2d Lt. 91st Penna Regt, U.S.V., 1861-62.

death certificate

[death certificate, Philadelphia, Pennsylvania, 9 June 1863, Enoch Carrol Brewster]
[source: www.familysearch.org]


RETURN OF A DEATH,
IN THE CITY OF PHILADELPHIA.
PHYSICIAN'S CERTIFICATE.
1. Name of Deceased, Enoch Carrol [sic] Brewster
2. Colour, White
3. Sex, Male
4. Age, 36 years
5. Married
6. Date of Death, June 9, 1863
7. Cause of Death, pneumonia
Samuel K. Ashton M.D.
Residence, S.E. Cor. Pine + 9th St

UNDERTAKER'S CERTIFICATE, IN RELATION TO DECEASED.
8. Occupation, Attorney at Law
9. Place of Birth, Philadelphia
10. When a Minor, [blank]
11. Ward, 5th
12. Street and Number, No [blank] 6th [?could be '5th'] St abv Walnut
13. Date of Burial, June 11th
14. Place of Burial, Monument Cemetery
William A. Attwood UNDERTAKER.
Residence, No. 44 N. 11st St
Date of Certificate, June 10th 1863

[explanation of probate fight]

[Garrick Mallery. [Brief statement of some of the leading facts connected with the recent feigned issue of Brewster vs. Brewster, brought to test the validity of the will of the late Francis E. Brewster]. 1855. (from Library of Congress)]

[handwritten note]
No 4 York Buildings
Walnut St.
My dear Sir,

Enclosed I send you a letter setting forth how and upon what terms the suit instituted to contest the will of my father was settled. I have thought it proper that you should know about it. This copy of the letter I have had printed for the convenience of reading it with facility and beg that you will destroy it after you have read it.

I am with respect
Truly Yours
Benjamin H. Brewster
November 1. 1856

To
Eli R Price Esq
Arch St.
Philadel

[the printed text starts here]
PHILADELPHIA, DECEMBER 26, 1855.
DEAR SIR:--

We cheerfully submit to you, as requested, a brief statement of some of the leading facts connected with the recent feigned issue of Brewster vs. Brewster, brought to test the validity of the Will of the late Francis E. Brewster, Esq.

When Benjamin H. Brewster, Esq., retained us as his counsel, upon behalf of himself and sister, to contest the Will of his father, the late Francis E. Brewster, Esq., he distinctly stated, that as for himself, he had no desire to secure the property, but he was resolved to expose the untruth of the allegations contained in the Will, and which were assigned therein as a justification and excuse by his father for the disposition he had made of his estate. Mr. Brewster assured us that the memory and conduct of his mother had been wantonly aspersed, that while he had life in him he would vindicate her memory, and justify her conduct, though it should involve the unpleasant necessity of exposing and unveiling the misconduct and cruelty of Mr. Francis E. Brewster towards his wife and family. He also stated, that it was the most painful duty that ever had been, or that ever could be forced upon him; although his father had acted with wanton and unprovoked harsh- [page 2] ness toward him and his sister, and although they had never given any cause to their father to disinherit them, that yet they would freely have allowed the Will to take effect, and pass undisputed, and would have renounced all claim upon their father's estate, if the Will had not contained allegations against Mrs. Maria H. Brewster which, while they were free from any imputions of culpable impropriety upon her part, yet they stated acts that never were committed, and gave as reasons for his past conduct facts which Mr. Francis E. Brewster had himself often denied to be true; and furthermore, the Will also wrongfully threw the blame of their separation upon his wife, when he had often and often again confessed that he alone was in fault, and that her conduct had been always pure and blameless; and it also set forth that Mr. Francis E. Brewster had supported, educated and maintained his wife and two children, for more than twenty years, when the truth was, that he had not allowed his wife enough for her own support in the plainest and humblest style, and that it was well known that the whole family had been depending for more than fifteen years past upon the professional labors of Mr. Benjamin H. Brewster.

Mr. B. H. Brewster also stated to us, that he never had desired anything from his father, that he had renounced all such hope early in life, and that as for himself, the Will was no disappointment; that as for his sister he had always educated and maintained her, and was ready to do so still, and that if she survived him, he had made and could and would make [page 3] provision for her, but that now he was resolved to defeat this Will, and that since it had been put upon the record, he would listen to no terms but the unconditional surrender of the paper to him to be destroyed; in this latter event he would consent to let the two illegitimate children of Mr. F. E. Brewster, viz: Frederick Carrol Brewster and Enoch C. Brewster, take the half of the estate which would belong to him, Mr. B. H. Brewster, as heir to his father, but that he could not and would not consent to give away what belonged to his sister. These were the views expressed by him constantly from first to last pending the suit, and he never varied a word from them. We were always instructed to settle upon no other. Mr. Brewster said that his father's reputation was to be regarded, and on that account alone would he be willing to settle the business, although having no doubt from the first, of his ability to disprove the objectionable reasons set forth in the Will, and at the same time to establish the fact of Mr. Francis E. Brewster's partial or general insanity. That to disprove the unfounded allegations of the Will, must necessarily expose to the world the painful details of his father's faithless and cruel conduct to his family, and unbury facts which the grave should cover, and which time had almost obliterated. He declared that he had suffered enough already from the dreadful consequences of these domestic griefs, and he had hoped that those troubles were at an end, and he would have wished that his father had made a Will without a word of remark or comment, and left his property to his two illegitimate children, and thus [page 4] have spared the necessity of this distressing contest. Mr. Brewster also said it was a great relief to him to feel that his father's misconduct and hitherto unaccountable cruelty to his wife and children had been the result of mental infirmity, and not of criminality; that he now believed that his father had always been insane upon the subject of his family, and that his conduct to his wife clearly showed as did also his Will, by its palpable untruths, its inconsistencies, irrationality, angry spirit, and its illegal directions, evidence that it must have been written by a lawyer, whose mind was broken down. Mr. Benjamin H. Brewster also stated, that he had not disclosed the character of contents of this Will to his sister, that he wished to keep it from her, that she was nervous, weak and excitable, and that should she know it, she would be prostrated with grief and mental distress. The feigned issue was prepared for trial, and we were able to make out a case, which, in our opinion would have resulted in setting the Will aside as the work of an unsound or non-disposing mind and memory. We could have contradicted every one of the allegations made by the testator in relation to his wife and children; we could and would have shown by many respectable and intelligent witnesses, that the wife of the testator was a woman of purity, intelligence, industry, affection, and dignity of character, that the history of her girlhood was one of happiness and comfort, that she was caressed and beloved by a large circle of respectable and prosperous kindred and friends; that she had married him against the wishes of her family; that her husband had failed in [page 5] business soon after their marriage, and her little patrimony was taken to pay his debts; that the history of her married life had been one of adversity, privation and sorrow, and that from first to last she had never faltered or failed in the strict performance of all her duties as a wife and mother; that her conduct had been approved by her family and all her friends, and that her husband himself, some years after he had left her, and when he was supposed to be dying, sent for her, and in the presence of Bayse Newcomb, Esq., her brother-in-law, acknowledged his wrongs to her, asked her forgiveness, and promised to amend his life if he should recover. We could have clearly proved, that Mr. Benjamin H. Brewster had educated his sister, and supported his mother and sister for full fifteen years, and that in a style in which the allowance of his father to his mother would not more than pay their servant's wages.

We could have proved by Joseph S. Brewster, Esq., a brother of the testator, that Mr. F. E. Brewster always defended his wife, when spoken of unkindly, and that he, Joseph, believed that Francis had never been sane on the subject of his family for over twenty years; we could have shown that in the opinion of many intelligent professional men, lawyers and physicians, the testator had exhibited evidences of insanity for more than ten years before his death; and we could also have shown how Mr. Brewster came to leave his wife, how one Isabella Anderson had been the cause of the separation, how he brought her into his house on a pretext of charity and made her the companion of his wife, and then attempted [page 6] to expel his wife by violence from his house; and how when his own mother interfered, and ordered Isabella Anderson to leave the house, he had her taken away, and went with her himself, and lived with her until her death, and never returned to his family, during which time she became the mother of these illegitimate children. We could have proved all of this by the testimony of various persons, including servants living in the family with him, who saw the dreadful scenes. At the first time when the case was down for trial, the counsel for Frederick C. and Enoch C. Brewster offered to give one-fourth of the property to Miss Brewster, they retaining the balance; this was at once refused, and they were told that Mr. B. H. Brewster would settle upon no other terms than the cancellation of the Will, and that he would then convey his own half of his father's property to the illegitimate children. Subsequently another offer of one-third of the estate, to be taken by Miss Brewster, was made, but this was also declined, and the same answer was given. Finally, when the case was called for trial, and after a jury were sworn, the counsel for Frederick C. and Enoch C. Brewster offered to accept Mr. Brewster's terms, provided Frederick C. and Enoch C. Brewster should be allowed to close the settlement of the personal estate under an administration. Mr. Benjamin H. Brewster at first declined, but under our instructions he finally assented to it. He was extremely reluctant to admit any qualification of his original proposal and instructions to us. He seemed to be bent upon one object, and that was the destruction of [page 7] the Will, because it assailed his mother's memory; to that end he was willing to relinquish his share of his father's estate, which he was willing to give, and freely give, for the sake of his father's character, which he knew must suffer in the disclosures that must be made during the trial of the cause [sic]. His sister's share of the estate he could not and would not compromise away. Having substantially secured his object, we advised the settlement, feeling with him the justice of his cause, concurring with him in the reasons that had governed him, and approving of the propriety of his counduct [sic]. The cause [sic] was therefore settled upon those terms. The Will of Mr. Francis E. Brewster was given up to Mr. Benjamin H. Brewster, and was by him destroyed, and one half of the property was conveyed to Frederick C. and Enoch C. Brewster. Had we tried the cause [sic] we believe we would have gained it, and we are confident we ought to have gained it.

The whole of the investigation attendant upon the preparation of the case, was the cause of deep mental distress to Mr. B. H. Brewster, and we are satisfied and convinced, that nothing but an earnest desire to do his duty, a solemn and embarrassing duty, would ever have induced him to engage in such a painful business, and that his motives were far from any personal, selfish, or pecuniary considerations.

Your truly,
(Signed)
GARRICK MALLERY,
FURMAN SHEPPARD.

death notice, Maria Brewster

[death notice, Philadelphia Inquirer Tuesday 18 January 1853, page 2]
[transcribed 4 August 2012, from GenealogyBank]

On Monday morning, the 17th inst, at the residence of her son, Benjamin H. Brewster, Esq., in this city, MARIA HAMPTON BREWSTER, wife of Francis E. Brewster, and daughter of the late Dr. John Thomas Hampton, of New Jersey, in the 60th year of her age.

The friends of her son, Benjamin Harris Brewster, and her brother, Dr. Isaac H. Hampton, and the family are invited to attend her funeral, (at Christ Church) on Wednesday morning at 12 o'clock, without further notice.

death notice, Francis Enoch Brewster

[death notice North American (Philadelphia PA), 22 June 1854, page 2]
[transcribed 4 August 2012, from GenealogyBank]

On the 21st inst., FRANCIS E. BREWSTER, Esq., aged 63 years.

His relatives and friends are respectfully invited to attend his funeral, on Friday next, 23d inst., from his late residence, No 50 south Sixth street, at 5 o'clock, P.M. To proceed to Monument Cemetery.


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revised 10 Mar 14
contact Harry Ide at hide1@unl.edu with comments or questions