USA > Michigan > Cass County > A twentieth century history of Cass County, Michigan > Part 28
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 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84
Among the lawyers resident of outside counties but whose practice
272
HISTORY OF CASS COUNTY
made them familiar figures in this county might be mentioned Joseph N. Chipman, who spent a short time in Cass county, later going to Niles, where he died in 1870. He was known by his confreres as "White Chip," to distinguish him from another well known Berrien county law- yer of that time, John S. Chipman, whose sobriquet was "Black Chip." Charles Dana, also a resident of Berrien, was, to quote the words of one who described him from personal knowledge, "a thin, dried-up, little man, with a remarkable feminine voice, but by all odds the best special pleader at the bar. Everybody liked Dana both for his goodness of heart and his unquestioned ability as a lawyer." The Cass county session of the circuit court was often attended in the early days by two noted Kal- amazoo lawyers. Charles E. Stuart and Samuel Clark. The former was a successful jury lawyer, but is specially remembered for his later prom- inence in politics, having represented his district in Congress as a mem- ber of the house and afterwards becoming one of the United States sen- ators from Michigan. Mr. Clark had also moved in the larger sphere of politics, and as a lawyer had the solid ability and the worth of per- sonial character which made his position secure among friends and pro- fessional associates.
Although it is hardly proper to class his name among those of the legal pioneers, the career of James Sullivan, whose forty years of practice in this county began in 1838, was of first importance in the history of the old-time lawyers. Born in New Hampshire December 6, 1811, member of a distinguished New England family of Irish origin, he graduated from Dartmouth College at the age of eighteen, studied law and was ad- mitted to the bar, and after a brief period of practice came to Niles in 1837. He soon moved to Edwardsburg, in this county, and from there to Cassopolis, and from 1853 till his death in 1878 lived in Dowagiac. For a long time he was prosecuting attorney of the county, became a state senator, and was a member of the constitutional convention in 1850 which formed the instrument which is yet the basis of Michigan govern- ment. It is said that Mr. Sullivan's success as a lawyer depended more upon his powers as a logician and close reasoner than as an orator. His high legal ability gave him distinction and influence in spite of serious clefects of personal character and manner. He has been described as "eccentric, erratic, nervous and intense, and yet no man of gentler nature or kinder heart has been known to the old residents of Cass county."
Ezekiel S. Smith, another early practitioner, came to the county in 1840, bearing a commission from Gov. Woodbridge as prosecuting
273
HISTORY OF CASS COUNTY
attorney. After serving his term he practiced in the county, was also a merchant and one of the early editors. In 1852 he moved to Chicago. where he died in 1880.
Judge Henry H. Coolidge, well remembered for his connection with the profession at Niles, where he died some years ago, was a resident lawyer of Cass county for about fifteen years. He settled at Edwards- burg in 1836, when twenty-five years old, was admitted to the bar in 1844, was elected prosecuting attorney in 1850, and moved from the county to Niles in 1859. He was at one time circuit judge of the dis- trict comprising Cass and Berrien counties.
The Cass county bar of today is strong and able, and no disparag- ing word is intended when we say, in view of an earlier time, "There were giants on the earth in those days." The early lawyers left their impress on the jurisprudence of the state, and were largely influential for good in different phases of the early growth and development of Michigan.
Another lawyer who belongs to the past in life and active career but whose influence is a force with the yet living, was George Brunt Turner. who was born in Franklin county, New York, March 1, 1822. He came to Michigan when thirteen years old and already entering upon serious work, and from 1830 till his death was a resident of Cass county. He was one of those who got his legal knowledge largely under the direc- tion of Alexander H. Redfield. He was self-educated, and won promotion through the first grades by dint of ambitious and sustained effort. He was successful as a lawyer, but is also remembered for his activity in other fields. He was for several years editor of the first paper published in Cass county, the Cass County Advocate, now the National Democrat. His party affiliation alone prevented him from acquiring distinction in state and perhaps national political affairs. In 1848 he was elected a member of the state legislature and re-elected in 1849, and was Dem- ocratic candidate for other offices. His death occurred April 15, 1903.
Clifford Shanahan, who was born in Delaware in 1801 and died in Cass county in 1865. after a residence in the county of thirty-one years. was admitted to the bar in Cassopolis about 1845. He was best known. however, through his retention of the office of probate judge for the long period of twenty-four years, from 1840 to 1864, a record that has been equaled since that time only by William P. Bennett, whose term began January 1, 1869, and continued to his death, June 16, 1896.
Dowagiac's first resident lawyer was Noel B. Hollister, who came
274
HISTORY OF CASS COUNTY
to the county in 1850. lle remained only a few years, and in connec- tion with his law practice conducted a drug store. He served as cir- cuit court commissioner.
A lawyer of unusual. ability and experience, at one time circuit judge, and a man of affairs in the best sense, the late Daniel Black- man was a member of the Cass county bar twenty-one years and his intluence still remains. He was born in Newtown, Connecticut, De- cember 31, 1821. At the age of twenty-four he was admitted to the bar of his native state and after five years' practice in Danbury located in Cassopolis in July, 1851. He was elected in 1869, on a non-partisan ticket, to the position of circuit judge. Resigning in November. 1872. lie moved to Chicago and became a member of the bar of that city. He was behind several movements that resulted in material and civic improvement in his village, and should be remembered in particular as one of the men who did much to make Cassopolis a station on the Pen- insular Railroad (now the Grand Trunk). He died in Chicago in 1896.
The late Judge Andrew J. Smith became a licensed member of the Cass county bar in the early fifties, and from that time to his death was active not only in the law but in official and political life, the horizon of his influence being extended beyond the bounds of the county into the state at large. Through youth and early manhood he had to strug- gle to reach the vantage ground on which he would pursue his chosen career. Born in Ohio September 2, 1818, at eight years of age he went with the family to the pioneer district of Indiana, where circumstances would not permit him to attend the full measures of the meager winter terms of the district school. He had to work his way. His election to the office of constable of Valparaiso at the age of twenty shows that he early gained the confidence and esteem of his fellow citizens, and from that time on he was much in public life. He was a teacher and pupil alternately for a number of years, and while reading law he sup- ported himself by teaching or clerking in a store. He located at Ed- wardsburg in 1840, seven years later moved to Cassopolis, where in 1853 he was admitted to the bar and in the following year elected pros- ecuting attorney. He served altogether twelve years in this office. In 1874 he was elected attorney general of the state. In the fall of 1878. on the resignation of Judge Henry H. Coolidge from the judgeship of the second judicial district. Mr. Smith was elected circuit judge, and re-elected for the full term in the spring of 1881. His private life was in harmony with his public career, and there are many testimonies to
275
HISTORY OF CASS COUNTY
his public-spirited and wholesome activity to be found among the rec- ords and his personal associates in the county.
During the twelve years from 1853 to 1865 James M. Spencer was an attorney in the county. He was admitted to the bar in Cassopolis in the former year, being at the time only twenty-one years old. He held the office of justice of the peace at Dowagiac in Pokagon township. was circuit court commissioner two years and was United States assessor of internal revenue in the district comprising Cass county. From this county Mr. Spencer moved to Topeka, Kansas.
Prominent among the lawyers who may be classed as the inter- mediate generation of the Cass county bar was the late Charles W. Clisbee. His connection with the Cass county bar began in the late fifties, and he was a contemporary of a group some of whom are still active in their profession. Mr. Clisbee was born in Cleveland, Ohio. July 24, 1833, and came to Cassopolis with the family five years later. He prepared for college at Oberlin, Ohio, entered Oberlin College, but spent the greater part of his collegiate career in Williams College, Massachusetts. He graduated from Hamilton College (New York ). where he studied in the law school, in 1856, and two years later was admitted to the bar. By election in 1862 he became prosecuting attor- ney of Cass county. He was a delegate to the convention which re- nominated Lincoln in 1864. In 1866 Cass county sent him to the state senate. Mr. Clishee had a remarkably powerful voice, and much of his public career pivoted on this God-given talent. In 1869 he was appointed reading clerk of the national house of representatives, held the office without interruption until 1875, and in December. 1881, was again appointed to that position. He was also reading secretary of the Republican national convention in Chicago in 1880. Upon the resig- nation of Judge Coolidge he was appointed to the vacancy and served until Judge Smith, his successor, was elected. During the interims of his service at Washington he practiced his profession in Cassopolis, giving special attention to the prosecution of pension claims, until his death, August 18. 1889.
One of the versatile and scholarly men who have represented the Cass county bar in the past was Joseph B. Clarke, now deceased. He was born in Connecticut. Graduating from the Rensselaer Scientific School at Troy, New York, he prepared for his legal career at Roches- ter, N. Y. The capacity of his intellectual powers may be judged from the fact that he was at various times editor of daily newspapers
276
HISTORY OF CASS COUNTY
in Rochester and Buffalo, was professor of chemistry and other sciences in the Vermont Medical College and elsewhere, as well as incumbent of various civil positions under the general government. From Cold- water, Michigan, he moved to Dowagiac in. 1859. He was a circuit court commissioner in this county, as well as in Branch county, was prosecuting attorney, and for many years United States commissioner for the western district of Michigan.
For a number of years between 1859 and 1881 George Miller was a member of the county bar, with residence at Dowagiac. Ile served as circuit court commissioner, and in 1868 was elected prosecuting at- torney. He moved from the county in 1871, returned in 1875, and in 1881 again left. His death occurred in Benton Harbor.
During the sixties the county bar was honored by the membership of Jacob J. Van Riper. who afterward became attorney general of the state. He was admitted to the Cass county bar in January, 1863, and remained in active practice, with residence at Dowagiac, until 1872, when he moved to Buchanan in Berrien county, where he was elected judge of probate and served for eight years. He is now practicing law at Niles in that county.
Freeman J. Atwell, deceased, who was born in Orleans county. New York, in 1831. read law there, and during the course of the Civil war, in which he took a soldier's part, admitted to the bar, located in Dowagiac in 1869, and by a successful practice made his career a part of the legal history of the county. For four years he was the county's prosecuting attorney, and died March 18, 1904. He is well remembered among the former lawyers of the county.
Among Cass county's native sons who aspired to legal prominence was John A. Talbot, who was born in Penn township in 1847. Ile had an army career, and was a graduate of the law department of the Uni- versity of Michigan. His career was one of promise, but was ended. after ten years' practice, by death in December. 1878. \ noteworthy effort was the compilation of "Talbot's Tables of Cases."
Another former member of the county bar and a native of Cass county was William G. Howard, who was born in Milton township in 1846. He was a college graduate, and was admitted to the bar at Kalamazoo in 1869. In the following year he began practice at Dowa- giac in partnership with James Sullivan. In the same year he was elected prosecuting attorney. He transferred his professional connec-
277
HISTORY OF CASS COUNTY
tions to Kalamazoo in 1873, where he continued the practice until his death, August 8, 1906.
George Ketcham, whose death occurred in Minnesota, was born in Mason township in 1850, graduated from Hillsdale College in 1873. studied law at Niles with the late Judge Coolidge, and was admitted at Cassopolis in 1874. He held the office of circuit court commissioner.
Merritt A. Thompson, who practiced here during the eighties, was a product of Cass county, born in Penn township in 1847. He gradu ated from the law department of the State University in 1872, and had his office at Vandalia from 1874 to 1881, when he removed from the county, but later returned and died at the infirmary from mental afflic- tion November 21, 1901.
Warner J. Sampson, who died at Coldwater a few years ago, was admitted to practice in Cass county in 1880 and for some time was located at Marcellus, when he went to Hillsdale, where he died.
Jason Newton was admitted to the bar at Cassopolis and practiced there for a time.
So much for those whose active connection with the bar of Cass county has ceased. It is an impressive list. They were men of widely divergent characters and intellectual powers, but together they were worthy representatives of a noble profession. Comparisons between the past and the present personnel of the profession cannot be drawn here. Methods have doubtless changed in seventy years, the old-time lawyer might feel much out of place among the present members of the profession. The lawyer nowadays is often a business man and does not feel the professional cleavage which was quite pronounced forty or fifty years ago, when he was perhaps a member of a rather distinct professional class. But now, as then, the lawyers "comprise a large part of the finest intellect of the nation," an assertion made by a high authority which is, of course, as applicable to the smaller political divisions as to the nation at large.
The present har of Cass county is to be described separately from those already mentioned only because they are still living; not that there is a special set of characteristics to be assigned to each of the two groups thus made. As already stated, some of those yet in active prac- tice were contemporaries or, at any rate, juniors in service along with those who have passed away. The associations and traditions, as well as the power of professional and personal influence, of the past, are still potent with the living members of the Cass county bar.
278
HISTORY OF CASS COUNTY
In the spring of 1905 there was elected to the office of circuit judge of the thirty-sixth judicial district a Cass county lawyer of over twenty-five years' experience in the courts and legal affairs of the county. L .. Burget Des Vignes ( see sketch elsewhere), a native of Ohio and now in the prime of life, was admitted to the bar in St. Joseph county, this state, soon after he had arrived at his majority, and a short time after graduated from the law department of the University of Michigan. He practiced in Marcellus from October, 1878. until the death of the Cass county probate judge, William B. Bennett, when he was appointed by the governor to the place and at the same time took up his residence in Cassopolis. He was re-elected to that office three times, and passed from that position to the circuit judgeship. He has also served as circuit court commissioner and as county prosecuting attorney.
The office of judge of probate is filled by one of the younger mem- bers of the Cass county har. Chester E. Cone came here from Indiana about ten years ago, became principal of the Vandalia high school, was then elected commissioner of schools, serving until succeeded by Mr. Hale, the present commissioner. While in the office of commissioner he was industriously reading law, and after a successful examination before the state examining board opened his office in Cassopolis, where he practiced until the resignation of Judge Des Voignes from the office of probate judge. He has also served as circuit court commissioner and is a member of the school board and the board of village trustees.
The composition of the circuit court for the September term, 1906, was as follows:
L. Burget Des Voignes, circuit judge: George M. Fields, prose- cuting attorney ; Carlton W. Rinehart, clerk: Edward J. Russey, sher- iff : Jacob McIntosh, undersheriff: H. A. Sherman, reporter; Chester E. Cone, commissioner; Joseph R. Edwards, commissioner : William H. Hannon, deputy sheriff : Marcus S. Olmstead, deputy sheriff ; George I. Nash, deputy sheriff.
An active attorney for twenty-eight years and from 1899 until re- cently judge of the Cass-Van Buren circuit court, John R. Carr is in many ways prominent in the affairs of his county. Born on Prince Ed- ward's Island, British North America, May 18, 1841, about the close of our Civil war he came to relatives in Van Buren county, Michigan, where he made his start by teaching district schools. In 1868 he en- tered the law department of the University of Michigan, where two
271
HISTORY OF CASS COUNTY
years later he was graduated and admitted to the bar. Mr. Carr then formed a partnership, which was to continue with success and profit for twenty-eight years, with Mr. M. L. Howell. In 1899, as is well known, the judicial districts of southwestern Michigan were recon- structed, and whereas theretofore Cass had been linked with Berrien, and Van Buren with Kalamazoo, at the date mentioned each of the more populous counties was made into a separate district, and Cass and Van Buren were made to form the thirty-sixth judicial district. An election for circuit judge was then in order, and, contrary to the general trend of political matters in this section of the state and to the surprise, per- haps, of both parties, a Democrat was the successful candidate in the new thirty-sixth. Mr. Carr was the fortunate gentleman to bring suc- cess to his party, and his service on the circuit bench showed that the confidence of the electors was not misplaced. On his election he dis- solved his partnership with Mr. Howell, and since retiring from office he has re-engaged in active practice. Mr. Carr served as prosecuting attorney of the county four years, also two years as circuit court com- missioner. He is a ruling elder and trustee and active worker in the Presbyterian church of Cassopolis, his home town.
Joseph R. Edwards, circuit court commissioner, and who served as county clerk two years, is one of Dowagiac's young lawyers and a justice of the peace in that city.
A Cassopolis attorney who has also been in the official life of the county is Ulysses S. Eby. He was born in Porter township of this county August 7. 1864. An alumnus of the famous Valparaiso Nor- mal, after finishing his studies there he began teaching school in Cass county and continued that until elected county clerk in 1896. He held the office two years. Returning to Valparaiso, he graduated from the law school and was admitted before the Michigan supreme court. He was elected prosecuting attorney of the county, and was associated in practice with Clarence M. Lyle. At present he practices alone. He is a member of the Cassopolis school board.
George M. Fields, prosecuting attorney of Cass county, who is a resident lawyer of Dowagiac. has been an active member of the county bar for over ten years, and has held his present office since 1902. . \ more complete sketch of Mr. Fields will be found on other pages.
The oldest practicing lawyer, both in point of age and of years since admission to the bar, is Lowell H. Glover of Cassopolis. He began his studies privately at Edwardsburg, later with Daniel Black-
280
HISTORY OF CASS COUNTY
man in Cassopolis, and since admission to the bar in October, 1862, has been in continuous practice. He has held the office of circuit court con- missioner ; was ten years deputy county clerk; elected justice of the peace in April, 1802, he has held the office to the present date, less one year; has held various village offices, and was postmaster during Cleveland's first term. Under the only Democratic administration that Michigan has had in the last forty years he was deputy commissioner of the state land office.
Coy W. Hendryx of Dowagiac (see sketch elsewhere) studied law with his uncle, the late Spafford Tryon, one of the able men of the past, and was admitted to the bar in 1882. Appointed in 1886, for twelve years he held the office of United States commissioner of the western district of Michigan. He has also been a circuit court com- missioner and city attorney of Dowagiac.
Marshall L. Howell of Cassopolis is an example of "the success- ful lawyer in business," a combination which has been noted as one of the tendencies of the modern American bar. Besides caring for a large practice in the local, state and United States courts, he is president of the First National Bank of Cassopolis. He was born in Cassopolis January 25. 1847, had the best educational opportunities, graduating from Kalamazoo College at the age of twenty and from the law de- partment of the University of Michigan in 1870, and since that date has been in continnous practice. He served as prosecuting attorney one term, beginning in 1874, and in 1876 was candidate for presidential elector on the Democratic ticket.
Charles O. Harmon is one of the younger Cassopolis lawyers. Born in Porter township, he has a long record of public service. . After serving four years in the office of register of deeds, he took a place in the office of the secretary of state at Lansing. During his three years in the state capital he studied law, was admitted to the bar, and on returning to this county opened his office in Dowagiac and soon after at Marcellus. He then bought a set of abstract books and located at Cassopolis. His father, the late John B. Harmon, having died a few days after entering upon his second term as county clerk, the son, Charles ()., was elected to the vacancy and completed his father's term with credit.
Another new member of the Cass county bar is Clyde W. Ketcham of Dowagiac, who is rapidly coming into prominence in his practice. Born in this county thirty years ago, he attended the local schools.
HISTORY OF CASS COUNTY
was in newspaper work awhile, and began studying law with Mr. C. E. Sweet. In 1897 he was elected justice of the peace in Dowagiac, serv- ing one term. He completed his law studies in the University of Mich igan, and after admission formed a partnership with Charles E. Sweet, but is now practicing alone.
James H. Kinnane, the only president the Cass County Bar Asso- ciation has ever had, was born in Kalamazoo county in 1859, was ad- mitted to the bar some twenty years ago, and has practiced in Dowa- giac since 1898. He has held several positions under the federal and state as well as local authority, and is at present city attorney of Dowa- giac. (See more extended sketch elsewhere. )
Asa Kingsbury Hayden, son of the postmaster of Cassopolis, a native of the county and a graduate of the Cassopolis high school, is an active member of the bar and representative of various insurance companies. An interesting fact about Mr. Ilayden's career is that he graduated from the law department of the University of Michigan be- fore attaining his majority. Consequently he was unable to obtain his diploma-equivalent to admission to the bar-and had to wait till time could confer upon him the full prerogatives for legal practice in the state of Michigan.
Clarence M. Lyle, in practice at Cassopolis since 1900, first in partnership with U. S. Eby and since December, 1905, with H. D. Smith, was born in Van Buren county in 1874, was educated in this state and in South Dakota, where he lived from the age of eight years, being a student at Dakota University. Returning east, he studied in the literary and law departments at Valparaiso, about 1898 was ad- mitted to the South Dakota bar, but in the same year came to Cassopo- lis, where he studied in the office of Howell & Carr and in 1900 was graduated from the law department at Ann Arbor.
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.