USA > Michigan > A History of Northern Michigan and Its People, Volume I > Part 17
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57
EARLY JUSTICE IN EMMET COUNTY
In 1855 the few people of Emmet county who lived on the main- land determined to throw off the Mormon yoke which had been placed on them through the heavy preponderance of anti-Gentiles living on the Beaver group of islands. To accomplish this Theodore Wendall, of Mackinaw City, and John S. Dixon, of Charlevoix, went to Lansing and succeeding in cutting off the Mormon kingdom from the reorganized county of Emmet. Under the legislative bill passed for the purpose Mackinaw City was made the county seat and at the first election held at Little Traverse (Harbor Springs), on the first Tuesday in June, 1855, a full set of officers were chosen, including A. J. Blackbird as probate judge.
It was nearly twenty years thereafter before the first resident lawyer opened his office in Emmet county, as now organized. In the fall of 1874, Charles R. Ford located at Little Traverse (now Harbor Springs) and soon afterward was elected prosecuting attorney. It is said that this pioneer member of the bar was a cigarmaker, preacher, lawyer and a "victim of temptation." He only remained about two years and left for other fields, being reported drowned in 1883. D. R. Joslin came from Cheboygan in the winter of 1875 and located at Petoskey. Soon after C. J. Pailthrop settled in Petoskey, and in the fall of 1875 J. G. Hill located at the same place. The next were Turner and Andrews, A. J. Southard and George W. Stoneburner, who located at Little Traverse. Mr. Joslin remained only a few years and removed from the county. The bar in 1884 was composed as follows: Petoskey-C. J. Pailthorp, J. G. Hill, Clay E. Call, Jay L. Newberry, M. S. George, Ira G. Mosher, Ezra C. Barnum, H. F. Higgins, David Herron, John Mosher, R. C. Dart and D. C. Paige; Harbor Springs-Benjamin T. Halstead,
=
Hosted by Google
123
HISTORY OF NORTHERN MICHIGAN
Wade P. Smith, George W. Stoneburner, Alphonso J. Southard, An- drew L. Dedel and William Crosby.
FIRST JUDGES AND LAWYERS OF ALPENA COUNTY
From 1840 until 1853 Alpena county was one of the unorganized counties of Northern Michigan attached to the county of Mackinac for judicial and all other purposes, but by the legislative act of 1857 it was given a separate corporate existence. By the same act the counties of Alcona, Oscoda, Montmorency and that portion of Presque Isle lying east of range 4 were attached to Alpena for judicial and municipal purposes. The first township election in January, 1858, resulted in the choice of David D. Oliver (the first permanent settler of the county ), Russel R. Woodruff, Lewis Atkins and Isaac Wilson. Mr. Oliver was an old surveyor and was elected county surveyor at the general elec- tion in the following November, while David Plough, who had but recently moved from Bay City to work on the Alpena light house, was chosen circuit court commissioner. Mr. Plough afterward became state road commissioner, county treasurer, judge of probate and city comp- troller of Alpena, and was prominent in other ways, besides going into history as the country's first circuit court commissioner.
The following from the "Centennial History of Alpena County" by David D. Oliver is a concise, graphic and thorough account of the establishment of the judiciary and legal practitioners in that section of Northern Michigan :
"Soon after the writer was elected justice of the peace in 1857 he purchased a justice docket and Tiffany's Justice Guide, being the first docket and law-book used in the county. At the spring election of 1858, Daniel Carter was elected justice of the peace, and the writer, having no desire to do any business in the justice line, turned over to Mr. Carter his docket and law-book.
"Some time during the summer of 1859 Leonard Jewell came into the river with a sail boat, having liquor on board to sell. As soon as he commenced to sell his liquor J. K. Miller brought suit against him before Daniel Carter. There were, at that time, no lawyers in the town, and Mr. Carter was very young in the business. However, it so hap- pened that Obed Smith, who was then a justice of the peace in St. Clair county and who had some experience in law matters, was in Fre- mont on a visit. So Mr. Smith, after instructing Mr. Carter in regard to his duty as justice of the peace, then acted as counsel for Mr. Mil- ler. The case was tried. It was proved that he had sold liquor un- lawfully and he was fined. The boat was anchored out in the stream and the constable had taken the rudder ashore to prevent the boat leaving until they had got through with it. Jewell pretended that his money to pay the fine was on board the boat and requested the privilege of going after it, which was readily granted, the supposition being that he could not go away without his rudder; but what was their surprise when they saw him sailing out of the river steering his boat with an oar. There was no boat to chase him and bring him back.
Hosted by Google
124
HISTORY OF NORTHERN MICHIGAN
so they had to let him go, but he never came back to sell liquor. This was the first law business transacted in the county.
"Under the constitution of 1850 the judiciary was changed making eight circuit judges, each presiding over a circuit. This number was soon enlarged, and in 1857 Alpena was placed in the Tenth judicial circuit, which was composed of the following counties: Saginaw, Gratiot, Isabella, Midland, Iosco, Bay and Alpena, the unorganized counties attached to them for judicial and municipal purposes. Subsequently the circuit was changed and in 1876 Alpena was placed in the *Eight- eenth judicial circuit, composed of the counties of Bay, Iosco, Alcona, Alpena, Presque Isle and Otsego.
"The constitution of 1850 also fixed the salaries of all officers, making the circuit judges' $1,500 a year, a sum barely sufficient to pay the board and traveling expense of some of the judges in the northern counties; and they were compelled to seek relief through the several boards of supervisors, who, in order to do the justice denied by the legislature, were compelled to violate the laws of the state and become a law unto themselves.
"The first session of the circuit court was held in the Myers block, in October, 1860, and presided over by Judge Woodworth. The court officers were: William R. Bowman, sheriff, and Addison F. Fletcher, clerk. Oliver T. B. Williams was the only resident lawyer. He had moved to Fremont in the spring of 1860. He was a man of considerable ability and in the fall of 1860 was elected first prosecuting attorney. Judge Woodworth held but one or two sessions of court and was suc- ceeded by the Hon. James Birney, who held but one session of court each year until the fall of 1865, when the Hon. Jabez G. Suther- land was elected. Judge Sutherland held two sessions of court each year until 1870, when he was elected to congress. The Hon. T. C. Grier was appointed to fill the vacancy and held the May term for 1871. Judge Grier died before the time of holding another session of the court and the Hon. Sanford M. Green, elected to fill the judgeship, was the presiding judge in 1876.
"Alpena has been very fortunate in her selection of circuit judges. All have been lawyers, old and experienced jurists and well headed. The court's officers, in 1876, were: Thomas B. Johnston, sheriff; John Thompson, under sheriff; George W. Jones, deputy sheriff; Charles N. Cornell, clerk; Alexander McDonald, deputy clerk; Victor C. Burn- ham, prosecuting attorney ; A. M. Haynes, reporter and John H. Stevens, circuit court commissioner.
"The circuit court continued to be held in the Myers block until 1863, when the first session of the court convened in the so-called Hitch- cock court house, and all the county officers and records were moved there and so remained until 1870, when the building was destroyed by fire and many of the papers were burned, including the court records, records of the board of supervisors and of marriages, deaths and nat- uralization, and some assessment rolls, account books and vouchers. The court and offices were then removed to rooms over Potter Brothers'
* Now in the Twenty-sixth circuit.
Hosted by Google
-
125
HISTORY OF NORTHERN MICHIGAN
hardware store, where they remained until they again passed through the ordeal of fire, but this time without being scorched, as everything belonging to the court and records were saved. The court was then held in the Union schoolhouse until the Potter block was finished, when the court and county offices were removed to rooms prepared for them over the hardware store of Potter Brothers, where they remain in 1876.
"The following were the members of the Alpena bar in 1876: Obed Smith, J. B. Tuttle, R. J. Kelley, J. D. Turnbull, J. D. Holmes, J. H. Stevens, V. C. Burnham and A. R. McDonald. All survived the Cen- tennial year excepting Obed Smith, who died at his residence in Al- pena on the 20th day of November, 1876. He was the oldest member of the bar, being an octogenarian. He was admitted in 1862. He was a Mason in good standing, and was buried with Masonic honors-the Alpena bar attending his funeral in a body. He was one of the early settlers of Fremont, having built the first steam sawmill in the county in 1859. In 1865 he built the first bridge across Thunder Bay river between Dock and Second streets. He was active in business, temperate in habits, truthful in his expressions and was just in his dealings with his fellow men."
One of the most prominent pioneer attorneys of Alpena county was Seth L. Carpenter, first mayor of the city. He was a Maine man, born in 1825, served in the Mexican war, returned to his native state to be married and in 1848 moved to Wisconsin, where he taught school, studied law and was admitted to the bar (1854). After practicing his profession in Wisconsin for three years he returned to Maine, where he continued in that field until he located at Alpena in 1868. In the fall of 1870 Mr. Carpenter was elected county clerk and in the spring of the following year first mayor of Alpena. By 1872 he had amassed considerable property, and in that year went to Minnesota, where he engaged in farming on a large scale. But he was a victim of the grass- hopper plague, lost nearly all his property, and in 1878 returned to Alpena, where he resumed practice, served as city attorney in 1881-2 and became a well known corporation attorney in connection with the lumber interests.
J. D. Holmes, born and educated in Michigan and a Union soldier in his boyhood, studied law at Pontiac, was admitted to the bar in 1868 and in July of the following year permanently located at Alpena. During his earlier practice he was a partner with Hon. J. B. Tuttle, circuit judge. He was city attorney, in 1871-2, and circuit court com- missioner of the county; was prosecuting attorney for the county in 1873-4, actively engaged in prosecuting violators of the Prohibitory law of the state; and in 1877 was prominently mentioned as the Re- publican nominee for the circuit judgship of the Twenty-third circuit.
James D. Turnbull and Victor C. Burnham, who located for prac- tice at Alpena city in 1872, may also be classed as pioneer lawyers. Mr. Turnbull came out of the Civil war as a lieutenant in the Twentieth Michigan infantry ; was admitted to practice in 1871, at Chelsea, Mich- igan, in the Washtenaw circuit, and located at Alpena in the spring of the following year. He served as city comptroller in 1875-79, as
Hosted by Google
126
HISTORY OF NORTHERN MICHIGAN
representative in the legislature in 1878-80 and 1880-82, and was always ranked as an able lawyer and a leading Democrat.
Victor C. Burnham, a Wayne county man, studied law at Saginaw and the Michigan university, graduating from the latter with his de- gree in 1871. In the following year he located at Alpena, where he subsequently served as United States commissioner, circuit court com- missioner, city attorney and in other offices which demonstrated his legal ability.
Hon. Frank Emerick, present judge of the Twenty-sixth circuit, is a native of Ypsilanti, Michigan; graduated from the law depart- ment of the State University and was admitted to the bar in 1874. In April, 1881, having already held the offices of prosecuting attorney and circuit court commissioner of Washtenaw county, he moved to Alpena and formed a partnership with Seth L. Carpenter. In April of the following year he was elected judge of the Twenty-sixth circuit, which then also embraced Otsego county.
MANISTEE COUNTY'S FIRST LAWYER
Manistee county perfected its civil organization by the election of its officers on the first Monday of April, 1855, at which H. L. Brown was chosen both probate judge and prosecuting attorney-seemingly an unusual combination of official functions. But the first settled at- torney did not appear until 1860. Let General B. M. Cutcheon tell the story in his own way: "Early in 1860 came a young attorney with a one-horse sleigh and a box of law books. 'Manistee' was then located below 'Canfield's Hill.' There was no hotel. He brought up at Canfield's boarding house. D. L. Filer was then boss, and the young lawyer was informed that in order to be taken in he would need to see Filer, and that Filer was up to the roadway, scaling logs. The young lawyer had an idea that 'scaling logs' was pealing the bark off.
"With some misgivings he unpacked his box of books, and struck his shingle down at 'the mouth.' He was the pioneer of that noble fraternity, who by learning, large views, strict morality and integrity, and a wise interpretation and enforcement of the laws, have done as much as any class of men to bring law out of lawlessness, to educe order from chaos and to foster public morals and intellectual progress.
"The young attorney was the Hon. Thomas J. Ramsdell. His old gray horse and sleigh he traded with D. L. Filer for the forty acres of land on which the residence of John M. Dennett stands, near the trotting park.
"The first document that appears upon the records of Manistee county, drawn by him, is a deed and acknowledgement of Hugh and Susan McGuineas executed March 26, 1860.
"The first retainer paid to a lawyer in this county was paid by Hugh Mc Guineas and for this he deserves a monument. He has al- ways remained a patron of the bar. In November, 1860, Mr. Ramsdell was elected representative in the lower house of the legislature, and this one term is all the representation that Manistee has ever had in
Hosted by Google
127
HISTORY OF NORTHERN MICHIGAN
the legislative or judicial branches of the government in the twenty-one years since the county was organized .*
"Mr. Ramsdell became at once a leading man in public affairs, and there have been but few enterprises having in view the material, men- tal or moral improvement of the community in which he has not been active. In 1867 he became one of the incorporators of the Boom Com- pany. During the same year he advocated the erection of the Union School house, and became the contractor himself. During the war he was one of the most active in raising funds to secure enlistments, and has been ready to take hold of anything that promised to enhance the importance of Manistee.
"Perhaps I may as well say here what is necessary about the legal fraternity of Manistee. Mr. Ramsdell was followed in the same year by W. W. Carpenter (now of Howell, Michigan), who remained but a short time and migrated. Next came, in 1865, Capt. Geo. W. Bullis seeking an opening to practice, as well as to recuperate a physical sys- tem broken down by hard service in the army. Next in order, in the spring of 1867, came Daniel W. Dunnett, a young graduate of Ann Arbor who remained about three years and migrated to Kansas. In May, 1867, came E. E. Benedict, and in July, B. M. Cutcheon, the one joining in partnership with Mr. Ramsdell, the other with Mr. Bullis.
"In 1868 S. W. Fowler located at Manistee in the double capacity of editor and attorney. Alexander H. Dunlap followed the same year, succeeded by C. H. Marsh and N. W. Nelson in 1869, by Dovel in '71 and Morris and McAlvay in '72.
"I am aware that it does not become us lawyers to blow our trumpet, but on my own responsibility I undertake to say, that I do not believe that there is a town in the state, that taking its whole history, can show a more public spirited, temperate, courteous, high-toned bar than that of Manistee."
RAMSDELL'S REMINISCENCES
Judge Ramsdell himself has contributed the following interesting chapter to the pioneer legal history of the Manistee region to the an- niversary number (1899) of the Daily News: "In the year 1860, pass- ing on the Indian trail, following the crest of the sand bluffs about half way between Bear Lake and Portage one's attention would have been arrested by the remains of a log cabin. Near it stood a large hemlock tree upon which, beautifully carved, were the words 'Capt. J. Patterson, died Nov. 15th, 1835.' The cabin was erected to accom- modate the crew of a boat wrecked at that point, belonging to Newberry of Detroit. The crew were saved but the captain being the last one to leave the boat was so chilled and exhausted that he died and was buried near the tree. There were sufficient supplies saved from the wrecked boat to keep the crew during the winter and in the spring they found. their way to St. Joseph. This was probably the first settlement of any kind made by white men in the county. Two years from this
* Written in 1876.
Hosted by Google
128
HISTORY OF NORTHERN MICHIGAN
time, in 1837, parties sought to obtain water power for milling pur- poses on the Manistee river and built a house on the river below the mouth of the south branch which stood for many years and was spoken of as 'The Old House.' This house was built to accommodate a crew who were to work on a dam and much timber was taken out for con- structing the dam. Capt. Humphrey sailed a vessel and brought it into Manistee river but had difficulty in getting over the bar and that fact, together with the apparent cost of constructing the dam, discour- aged the enterprise and it was abandoned.
"Henry Wadsworth, one of the four justices of the peace of the Territory of Michigan, whose jurisdiction extended from Grand Rap- ids north to the Straits, told of coming on 'The Old House,' a few years after its construction and, to his great surprise, finding it occu- pied by a number of men who exhibited great nervousness at his ap- proach and appeared very ill at ease in the presence of a stranger among them. As he glanced about the cabin he saw evidences of tools for making counterfeit money and he afterwards learned that counter- feit money was made here and sent by means of Indian ponies to other parts of the country for circulation.
"The first circuit court in these regions was held by Flavius Jo- sephus Littlejohn, author of the 'Legends of Michigan.' He was a man remarkable for his versatility of talent, the charm of his conver- satior was irresistible and his great, good heart made him beloved by all who knew him. In his judicial capacity one found him ever tender with the criminal and averse to giving pain. He held his court in the dance-room of any available hotel. During his first term of court no lawyer was located at Manistee but lawyers from Newaygo or Grand Haven accompanied him and picked up what business they could dur- ing the court session.
"The first attorney (Ramsdell himself) settled here during the winter of '59 and '60. He came through from Grand Haven to Man- istee with a horse and cutter following the Indian trail. As he neared the town he found himself at the foot of a steep hill well nigh impas- sable from the icy condition of the road. The attorney stood in great perplexity wondering how he would ever succeed in getting his cutter loaded with his law books up to the summit of that hill. He had about resolved to carry his books up, an armful at a time, and then help his horse to pull the empty cutter up, when a sound of drunken shouting and boisterous merriment reached his ears and he was accosted by a band of men who had been spending the profits of a successful shingle steal in the saloons of the town. At first they stood by, amused by the predicament of the young attorney, when one of them by chance called out, 'What is your name?' At the reply he turned to his fellows with a beam of satisfaction and the hearty exclamation : 'Scotchy, by George. let's give him a hand.' When he reached the town the young lawyer found many who were ready to give him a hand. Until his advent the processes of the law were an inscrutable mystery, the meth- ods of its procedure unknown; it was more often the strong who pre- vailed. For instance, he found a certain Stillman Stubbs confined in jail on a criminal offense, namely, a breach of trust, having failed to
Hosted by Google
129
HISTORY OF NORTHERN MICHIGAN
live up to a contract which he had taken for clearing land for a man named Walker. The justice found that Walker had trusted Stubbs to clear land, which Stubbs had not done. Stubbs must therefore be guilty of breach of trust. Another man walked from Traverse to Man- istee to get a writ of habeas corpus to let him out of jail, not appreciat- ing the fact that the habeas corpus could do no more for him than he had done for himself. Still another complained to the attorney that he could not collect a debt owing him from the justice of the peace, for the justice had garnisheed himself and so claimed that it would be contempt of court should he pay the bill.
"One evening the attorney and a young friend, wishing to cross the river, called across to a man in a canoe on the opposite bank asking him to take them over; but the man showed no inclination to oblige them. Thereupon, the friend suggested: 'Tell him it's the lawyer that wants to cross.' When these magic words were shouted across the river the man jumped up with the utmost alacrity and goodwill, it must be confessed much to the lawyer's surprise, as he had not before appreciated the majesty of his calling."
LEELANAU COUNTY
The act under which Leelanau county was organized was approved in February, 1863, and in the following April John E. Fisher was elected judge of probate and E. Cromwell Tuttle, prosecuting attorney and circuit court commissioners among the other county officers.
The first term of circuit court for the new county was held at the village of Northport, May 5, 1864, by Judge Flavius J. Littlejohn.
This first term of circuit court, over which Judge Littlejohn pre- sided, was held in a school house on the hill in Northport. According to the records there was no business before the court further than to appoint some minor county officials and to designate the common jail of Grand Traverse as the proper "lock-up" for Leelanau county.
The second term was more lively. It was held September 15th and Judge Littlejohn disposed of three civil cases.
The first criminal case appearing on the court docket is that of the People vs. Peter Drew, for adultery. It is entered under date of Sep- tember 14, 1865, and was continued until June 19, 1866, when a "nolle" was entered.
The first grand jurors of the circuit court were summoned for the August term of 1867.
As stated Judge Littlejohn was the first to preside over the circuit of which Leelanau formed a part. He held four terms of court-the first commencing May 5, 1864, and the last September 15, 1865.
ANTRIM COUNTY
Antrim county, which had been organized by the election of its first officers on April 6, 1863, was also in Judge Littlejohn's circuit. In fact, he convened court at Elk Rapids, three days before he passed south to favor the taxpayers of Leelanau county. The Traverse Bay Vol. I-9
Hosted by Google
130
HISTORY OF NORTHERN MICHIGAN
Eagle, although but two years old, could make itself heard some on this point, as witness: "On Monday, May 2, was held the first term of the circuit court ever held in Antrim county. Elk Rapids enjoyed for a whole day the presence of a judge and two lawyers. There was little business before the court, it appearing that there was no place in An- trim county where naughty folk could be shut up. It was ordered that if anybody in said county shall hereafter do anything very naughty, he shall be shut up in the jail of Grand Traverse county and Antrim county shall pay his board bill. It appearing that Antrim county had neither prosecuting attorney nor circuit court commissioner, it was ordered that J. G. Ramsdell, Esq., fill these offices till his successor shall be elected and qualified.
"This is all that was done, except to metamorphose an Englishman into a bred and born Yankee, after which sleight-of-hand performance the court adjourned sine die, which means in English without dying; wherefore it is probable that we shall see the court again, though we can't tell when.
"In the evening the Judge made a political speech to the citizens of Elk Rapids."
At that time Antrim county belonged to the Ninth judicial circuit, and Jonathan G. Ramsdell mentioned in the preceding extract, suc- ceeded Judge Littlejohn as its presiding judge. The county was after- ward attached to the Thirteenth circuit.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.