USA > Michigan > Bench and bar of Michigan : a volume of history and biography > Part 19
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political way for his radical ideas on the subject. He was married May 29, 1877, to Miss Annie C. Lawrence, of Elk Rapids, a native of Canada. She died August 2, 1879, leaving two children, Clyde, born March 1, 1878, and Scott, born June 16, 1879. While Mr. Leavitt was in Cornell he was the first president of the celebrated Cornell University Boat Club, which later won the International Boat Race at Saratoga. He was also one of the editors of the Cornell "Era," and was very active in suppress- ing the habit of hazing in that Institution. He is a public spirited man and has done much towards advancing all the commercial and educational interests of the town of Bellaire, which owes so much to his interest and ability. He is a good lawyer, and a clean, wholesome gentleman.
KELLY S. SEARL, Ithaca. Mr. Searl is senior partner in the firm of Searl and Kirby. He was born February 4, 1862, at Fairfield, Shiawas- see county, Michigan. His father is Chauncey D. Scarl, a native of Ver- mont, who is still living on his farm in Shiawassee county. His mother was Harriet Kelly, a native of Ohio. Mr. Searl attended the district school until he was seventeen and then attended the village schools in Elsie and Ovid. His literary education was completed with attendance in . the Northern Indiana Normal School at Valparaiso. After that he taught five years and in 1884 entered the Law Department of the University of Michigan, from which he was graduated in 1886. In March, 1887, he opened a law office at Ashley, where he engaged in practice for the next three years. In April, 1890, he settled in Ithaca. For the first five years in his new home he continued in practice alone; but April 1, 1895, he formed a partnership with Julius B. Kirby, which is still in existence and promises to be permanent. Among the important cases Mr. Searl has managed may be mentioned the Portsmouth Savings Bank vs. The Village of Ashley (91 Mich. page 670). In this case he was the attorney for defendant. The question involved was whether or not the president and clerk of a village had the legal right to deliver water works bonds without authority of the council, and whether or not the innocent purchaser of such bonds could hold the village for payment of the same. The Supreme Court decided the village was not liable, and declared the bonds void. Mr. Searl attends strictly to his law business and has not been a candidate for political office. He is a Republican and manifests the interest of a good citizen in the success of his party, and takes an active part in each cam- paign, but asks no partisan favors. He was married September 30, 1885, to Maggie A. Smith, daughter of William W. Smith, of Mason, Michigan. They have three children: Ethel M., Hazel D., and William Chauncey. He is a Mason and a Knight of Pythias. He was a charter member and the first Chancellor Commander of Ashley Lodge K. of P. His preference is
. O. Clark
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chancery practice, to which he has given much attention. The firm of which he is the head is engaged in litigation in all of the State Courts and does not especially seek a collection business.
JULIUS B. KIRBY, Ithaca. Mr. Kirby is junior member of the law firm of Scarl & Kirby. He was born at Eureka, Clinton county, Michigan, June 19, 1873. His father, who was a native of Ohio, came to Michigan in the fifties and settled in Clinton county, where he lived until 1875 and then removed to his native county, where he has resided continuously to the present time, engaged in farming until 1886, since which time he has resided in the village of Ashley. His mother was Henrietta Brown, also a native of Ohio. Julius was educated in the village school at Ashley and graduated from the high school in June, 1892. Almost immediately after- wards he entered the law office of Kelly S. Searl at Ithaca as a student, where he remained about two years. He was examined for admission to the Bar, June' 19, 1894 (the twenty-first anniversary of his birth), and admitted to practice by the Judge of the Circuit Court. April 1, 1895, he was admitted to a partnership with his preceptor, and the association is still maintained. He has a taste for the law and is possessed of the characteristics which, under favorable conditions, can scarcely fail to secure for him an honorable career in his chosen profession. He is wide awake, active, industrious and persevering. His firm conducts a business equal to that of any in the town. In politics he is an earnest Republican, desirous of the success of his party, but not inclined to leave his profession for the sake of becoming an office-seeker or an office-holder. He was married June 19, 1895, to Edith E. Clark, daughter of W. J. Clark, a merchant of Ithaca. Mr. Kirby is a Mason, a Knight of Pythias and a worthy young man who enjoys the confidence of the Bar in his county, and of the public so far as his acquaintance extends. The firm of Searl & Kirby is con- stituted for business in the practice of law, and both of its members are on good terms with a clientage that is increasing.
FRANCIS O. CLARK, Marquette. Hon. Francis (). Clark, a native of Pennsylvania, a son of New England parents, has been a resident of the Upper Peninsula of Michigan for a third of a century. He was born December 18, 1843, in Girard, Erie county, where his father, John B. Clark, a native of Vermont, manufactured leather and harness. His grand- father, Major Clark, was a Revolutionary soldier, as indeed were other members of the family. His mother was Charlotte M. Woodruff, a native of Connecticut and a lineal descendant of John Alden, one of the May- flower's pilgrim passengers, whose fame will live in literature as long as the pure and sentimental verses of Longfellow appeal to a lover's heart.
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Both parents were of English descent. His mother's father, Rev. Eph- raim T. Woodruff, was a minister of the Congregational church, first in his native State, Connecticut, and subsequently in the Western Reserve, Ohio, where both grandfathers died. The subject of this sketch passed his boyhood at work in his father's tannery, and in school. He applied himself with such diligence as to acquire a liberal academic education. It was his purpose to pursue a classical course and he was carefully prepared to enter the sophomore class in Hamilton College when failing health caused a change in his plans. In 1862, at the age of nineteen, he located in the Lake Superior region. In the capacity of a civil engineer he assisted in locating and constructing the Chicago and Northwestern rail- road in the Upper Peninsula. Having inherited the literary tastes and professional abilities of his mother's people he studied law and was admitted to the Bar in 1870. For the first five years he was engaged in the practice of his profession at Escanaba, and during the same time filled important official positions. In 1872 he was elected president of the vil- lage; in 1873 he was prosecuting attorney for the county; in 1874 he was elected a member of the State Legislature and served during the session of the following winter. In 1876 he removed his residence to Marquette, which has since been his home continuously. Mr. Clark has won success in his profession, not only financial success, which enlarges a man's influence and opportunities, but also reputation and standing. He has built up and maintained a very valuable practice and achieved eminence as one of the most reputable lawyers of the Peninsula. Careful and thorough in study he has acquired broad knowledge of the law. Quick in perception and acute in discrimination he sees immediately the salient points in the case .. Fertile in resource he is able to meet without embarrassment new questions that may arise during the trial. He is strong and effective in argument, fluent and forcible as an advocate. His devotion to his profession is not permitted to obscure his pride in citizenship or stiffe his interest in educa- tion and good government. He has served as school inspector and super- visor, two terms as mayor of the city, and for several years has been a member of the board of education. He has devoted conscientiously all the time required for a proper discharge of his official duties and been faithful to every trust. He is the friend and patron of education, the supporter of all measures designed to promote the general welfare. He is a large stockholder in the Dexter Mining Company, a director in the Hazard Machinery Company and president of the Electric Street Railroad Company. In 1877 Mr. Clark was married to Miss Ellen J. Harlow, only daughter of Amos R. Harlow, the founder of Marquette. A daughter and a son, Martha B. and Harlow A., are living bonds of that conjugal union. Both himself and his wife are active members of the Presbyterian church, in which he is both elder and trustee. He has been very closely identified with the Upper Peninsula in all phases of its marvelous progress and development ; has led an honorable life, above reproach in the domes-
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tic relation, in citizenship and in public office. His growth has been com- mensurate with that of the country, to the prosperity of which his talents and energy have contributed so much.
RUSH CULVER, Marquette. Mr. Culver is the receiver of the United States land office at Marquette. He is a native of Pennsylvania, son of Amos and Jeanetta Culver, born at Elkland, July 17, 1862. He obtained his schooling in the high school of his native town and took up the study of law with B. B. Strong, of Longsborough, Pennsylvania, with whom he spent one year; then entered the office of H. B. Packard of the same town, with whom he spent another year. He was admitted to the Tioga county Bar in 1883. He began practice alone at Westfield, and contin- ued there until 1887, when he removed to Marquette, Michigan. One year later his parents came west and located at L'Anse, Baraga county, Michigan, where they still reside. After one year's practice at Marquette Rush also located at L'Anse and continued his practice there until 1893, when he was appointed receiver of the land office at Marquette. Since then he has resided in that city. In upper Michigan Mr. Culver has made a specialty of Government land titles and has a large clientage among the homesteaders of the Lake Superior district. He has been instrumental in forcing issues with numerous land companies and land grabbers, and has obtained several decisions favorable to the homesteaders. It was largely his familiarity with these questions relating to titles that influenced his appoint- ment to his present office. In politics he is a Democrat, active and promi- nent in party management ever since he came to the district. At present he is chairman of the Democratic county committee of Marquette county. He has made quite a reputation as a platform speaker, and in the hot campaigns of 1892 and 1894 his party made large demands on his time for
campaign purposes. In 1894 he was nominated by his party for Congress- man in the Twelfth Congressional District against Samuel Stevenson, but was defeated with his ticket though he polled more than his party strength. Mr. Culver is the architect and builder of his own fortune. He came to Michigan and began his career without the aid of money, influence of friends, and has by his own efforts placed himself on the highway to suc- cess in a profession where bright, strong men are the rule rather than the exception. The task he laid out for himself was no easy one, and that he has succeeded so well as he has is the best possible evidence of future success.
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JAMES VAN KLEECK, Bay City. James Van Kleeck was born at Exeter, Monroe county, Michigan, September 26, 1846. He is of Hol- land descent, and is able to trace the family genealogy through an unbroken lineage for seven generations. His grandfather, Simeon Van Kleeck, was born on the Hudson river, in New York, but removed to Canada about the opening of the American Revolution, and became the first settler at Van Kleeck's Hill. Robert Van Kleeck married Catherine McMannis, daugh- ter of James MeMannis, a merchant of Buffalo, New York, who lost heavily in the fire there and removed to Michigan, where he became a farmer. The family of MeMannis came from Ireland to America about the beginning of the present century. Robert Van Kleeck was born at the Hill in Ontario bearing the family name, and, coming to Michigan, set- tled in Exeter, Monroe county, in 1832. Soon afterwards he returned to Canada and took part in the rebellion by Mckenzie. After that was over he returned to Monroe county and settled on the farm, where he remained until his death, which took place in 1876. James Van Kleeck, the subject of this sketch, was the son of Robert aforementioned. His carly educa- ยท tion was secured in the public and union schools of his native county. In June, 1862, while yet under sixteen years of age, he left school for the pur- pose of enlisting as a soldier in Company B, Seventeenth Michigan infantry. He was immediately sent to the front, joined the Army of the Potomac, then under the command of General Mcclellan, and participated in the battles of South Mountain September 14, and Antietam September 17, 1862. He received a gunshot wound at Antietam which disabled him. The ball, which lodged in his left side, is still carried by him, and some .. times causes great pain. The physical disability occasioned by this wound was such as to justify his honorable discharge from the service in Decem- ber, 1863, and for a year thereafter he was unable to walk; even now he finds it necessary to use a cane when walking. On recovering sufficiently after his return from the war, he resumed his studies in the union schools of Monroe, and afterwards took up the study of law in the office of Bald- win & Rafter, of that city, where he remained for one year. In 1869 he entered the Law School of the University of Michigan, and upon comple- tion of the course, was graduated in 1871. He was admitted to the Bar at Monroe the same year, but continued in practice only six months in that county before removing to Midland City, Midland county. He settled there and hung out his shingle as a lawyer. In the line of his professional work he served two years as city attorney, and then was elected prosecuting attorney for Midland county. He was re-elected to the office of prose- cutor twice, holding the office six years. In 1882 he was elected to repre- sent the county in the State Legislature, and during the session of which he was a member, served on the judiciary committee and the committee for the University of Michigan. He voted for Thomas W. Pahner, who was elected to represent Michigan in the United States senate during that
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session. In 1885 he removed to Bay City and entered into partnership with George W. Mann. The same year he was appointed Commissioner of Emigration by Governor Alger, and held the office until it was abolished by law. In 1886 he was elected prosecuting attorney of Bay county, and served one term. His intelligent interest in schools and all matters related to advancement and literature caused his election as a member of the board of education. His interest in politics and activity in support of his party designated him as a suitable candidate for congress. He was therefore nominated by the Republicans in 1890 to represent the Tenth Congres- sional District, but was defeated by Hon. Thomas A. E. Weadock. He has aided his party by service on the local committees and the State Cen- tral Committee. His practice of the law has been general in the various State and Federal courts. Ile is well informed in the political history of the country and the principles or policies of political parties. He is a fluent speaker, candid and accurate in statement, logical in argument. He carries into his profession the habits of a student, and his application ena- bles him to understand the facts of his cases and the law applicable to them. His industry has always been an appreciable factor in securing the flattering measure of success which has attended his practice and his busi- ness. Mr. Van Kleeck is a Mason and a member of U. S. Grant Post No. 67, G. A. R. He attends the Methodist Episcopal Church. He was married at Midland July 2, 1872, to Miss Juliette C. Carpenter, daughter of Thomas J. Carpenter, a capitalist. Three children born of . this mar- riage are Edith A., James C. and Delia.
GEORGE P. COBB, Bay City. Hon. George Pomroy Cobb was born April 13, 1841, in York township, Livingston county, New York, where his father, Elijah Vail Cobb, was engaged in teaching. The Cobb family is one of the oldest in New England, its history running back to 1632, when a Cobb landed on the desolate coast of Massachusetts. Judge Cobb's mother bore the maiden name of Lucy HI. Pomroy, and also belonged to one of the most venerable families of New England. His parents removed to this State from Rochester, New York, in 1855, and settled in Lenawee county, where his father engaged in farming. He received his early education in the common schools at Rochester, New York, and in Washtenaw county, Michigan. He was a student for a term in the seminary at Ypsilanti. Much of his study was done at home under his father's careful supervision. He was for some time a pupil in the Ann Arbor high school, one of the famous public schools of the west. He began teaching in 1860, and had schools in Macon, Superior and Pitts- field, and was also employed in Ann Arbor. Meanwhile he directed his studies and reading with the ultimate ambition of following the law as a profession. Early in 1865 he enlisted as a private in the Fifth Michigan
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Cavalry, and was in General Custer's brigade of the Army of the Potomac during the last few months of the Civil War. After the surrender of Lec and Johnson, the young cavalryman was transferred to the Seventh, and afterwards to the First Michigan Veteran Cavalry, and was sent into the far west, doing duty for a time at Fort Collins and near Salt Lake City. There were then no railroads west of the Missouri, and the command travelled overland from Fort Leavenworth. He was discharged from the Government service in 1866, returned to Ann Arbor, and entered the Law Department of the University of Michigan. He was graduated from that institution in 1868, with the degree of Bachelor of Laws. In the month of September of the same year he went to Bay City, then growing in importance as the center of a vast lumber region. There he opened an office, and two years later became a member of the law firm of Grier, Mc- Donell & Cobb. When Mr. Grier was elected to the Bench, he retired from the firm, which then became McDonell & Cobb. This partnership was dissolved in 1874, and Mr. Cobb continued alone in his professional labors for five years. Hle then formed a partnership with Hon. J. W. McMath, which lasted until 1888. Mr. Cobb was elected supervisor of the Third Ward of Bay City, 1873. In 1880 he was elected to the State Legislature, and served on the committees on insurance and ways and means. In 1881 he was appointed as one of the Visitors of Albion Col- lege, and in 1887 was elected Judge of the Eighteenth Judicial Circuit. In 1893 he was a candidate for re-election, but was defeated. Since then he has confined himself to the general practice of his profession. Among the more noted cases with which he has been connected as counsel may be mentioned that of Watson vs. Stever (25 Michigan, 386), This was an important case in which was argued the responsibility of trespassers in assumpsit for personal property. It resulted in the passage of an "Act to facilitate the collection of damages for trespass or other injury to land," known as Act 165 of 1875. Another case was that of Clark vs. Raymond (27th Michigan 456), involving important questions under the law of mechanics' liens. Another case, often quoted in legal controversies, was that of Marble vs. Price, which turned on issues of adverse possession. Judge Cobb was a charter member of U. S. Grant Post, No. 67, G. A. R. ; and its first Chaplain, and is now a member of H. P. Merrill Post, No. 419. He has been many years in the Royal Arcanum, is one of the Past Grand Regents of Michigan, and belongs to the National Union. He has associated himself with the First Presbyterian Church of Bay City, and was at one time its treasurer and for ten years its secretary. He was mar- ried November 1, 1871, to Miss Laura Munger. She is a daughter of A. S. Munger, a prominent business man of Bay City. They have one child now living, George Arthur. Our subject is Republican in his politics, but seeks no office not directly connected with his profession.
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V.2. Shepard
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THEODORE F. SHEPARD, Bay City. Mr. Shepard, one of the most prominent and successful lawyers of northeastern Michigan, was born in Livingston county, New York, June 14, 1844. His father, Howell Shep- ard. was a native of Yates county, in the same State, an industrious farmer, highly esteemed by his neighbors, and subsequently a merchant in Alle- gany county, where he died in 1860. His mother was Sarah Rathbun, a native of the State of New York. He was educated in the public schools of his native State and in Alford University, Allegany county, from which he was graduated in 1865. Soon after that he began the study of law at Cuba, New York, in the office of Hon. Marshall B. Champlin, who was a distinguished lawyer and for six years Attorney General of the State. After a preliminary course of reading he pursued his studies in the Albany Law School and was admitted to the Bar in 1866. Being then but twenty-two years of age, Mr. Shepard decided to remain in the office of General Champlin another year. At the end of that time he was attracted by the larger opportunities offered to young men in the west and after a prospecting tour he was favorably impressed with Bay City as a location for the practice of law. He settled there and opened an office first in West Bay City for the practice of his profession. He was not long in establishing himself successfully upon his own merits and by forming a fortunate part- nership with Mr. C. P. Black. In 1872 Mr. Shepard was elected prosecut- ing attorney for Bay county and discharged the duties of that office, which, as much as any other, tests a man's integrity, with the utmost fidelity to his oath of office and the welfare of the community. It is said, indeed, that he was a veritable terror to evil doers, and during his term of office law-breaking was reduced to a minimum and many of the low and vile places of resort which nurture crime were effectually closed. The reputa- tion which he acquired in this office brought to him numberless criminal cases, and for years thereafter he had the leading business of the city in that class of cases. . His success was very marked, as he never lost a crim- inal case during this period. Hle inherited his political faith, which was strengthened and sustained by reading and association. His father was a Whig, identified with the organization of the Republican party, and the son has been a Republican continuously. Conscientiously believing in the principles of his party he has been active and earnest in promoting its suc- cess. The offices which he has held have been connected with his profes- sion and educational affairs. Hle was city attorney of West Bay City for several terms and a member of the board of education for twelve years, serving as its chairman during that period. He is a progressive, public- spirited citizen. From the time of its organization he was president of the West Bay City board of water works for more than ten years. In the line of politics exclusively his activities are indicated sufficiently by a simple statement of the fact that he was a delegate to the National Republican Convention in 1876, which nominated President Hayes. He was also
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chairman of the Congressional District Committee for several years. At present he is a member of the Republican State Central Committee. He never fails to manifest a lively interest in the political affairs of his State and county. As a recognition of legal ability and political services he was appointed United States district attorney for the Eastern District of Michi- gan by President Harrison in 1890, and served a term of four years. It is a coincidence worth mentioning that he succeeded his law partner, who had been appointed to the same office by President Cleveland four years before. His performance of the duties of this responsible office was alike creditable to himself and satisfactory to the public. His large experience in the office of prosecuting attorney added to his qualifications for the higher office. As a lawyer his perceptions are quick and his decisions prompt. He is able to penetrate the verbiage and discover at a glance the kernel of a question. His legal mind enables him to grasp principles readily and apply them accurately to a case. He has been successful as a lawyer and a financier. It may be said of him that he is equally trustworthy as a coun- seller and a trial lawyer. His general information and learning contribute to his ability as a public speaker and to his capacity in conducting a legal argument. In social contact his manner is very cordial and his bearing without ostentation. His character is well compacted of the elements which go to make the best manhood. He is regarded not only as a prom- inent member of the Michigan Bar, but also as one deserving his promi- nence by reason of varied abilities and personal worth. He has improved well the opportunities afforded in the western field chosen when he was young and has no cause to regret his location in this field. Mr. Shepard was married at Cuba, New York, January, 1868, to Mary M. Randolph, a daughter of S. S. Randolph, a native of the Empire State. The children of this marriage are Howell G., a young man of fine promise, aged twenty-six; and Mamie E., a very agreeable and accomplished young lady five years his junior. Mr. and Mrs. Shepard are members of the First M. E. Church of West Bay City, of whose official board Mr. Shepard has been chairman for many years.
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