USA > Michigan > Bench and bar of Michigan : a volume of history and biography > Part 24
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PHILIP T. VAN ZILE, Detroit. Judge Philip Taylor Van Zile was born at Osceola, Tioga county, Pennsylvania, July 20, 1844. He is descended from old Holland stock, was prepared for college in the com- mon schools of Osceola and in Union Academy, at Knoxville, Pennsyl- vania, and entered Alfred University at Alfred Centre, New York, in the classical course. He was compelled to rely upon his own exertion for his education, earning the money necessary for his tuition and other expenses by his own labor and by teaching in district schools. He was graduated in 1862 and taught as principal of a private school at Rochester, Ohio, for a short time. While there he was unanimously elected captain of Com- pany D, Third Ohio Militia, which was organized to resist the Morgan raids in that State. He urged his company to follow him into the volun- teer service, but being unable to prevail upon them to do so, and feeling that he could no longer desist from taking part in the war, he enlisted as . a private in Battery E, First Ohio Artillery, known as the Edgerton Bat- tery. Before enlisting he was recommended by the military committee as an efficient officer and was offered a commission as captain if he would raise a company for the Thirty-second Ohio Infantry, then in the field; but he concluded to enter the artillery branch of the service and chose a battery then in the field, in which a number of his friends had already enlisted. This was no doubt a mistake, for it was impossible for him to receive promotion over men who had been longer in the service, so he remained as a private, serving to the end of the war. While with the battery he engaged in all the campaigns with the Army of the Cumber- land, the most important of which were the battles of the campaign of General Thomas against Hood after the siege of Atlanta and closing with
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the important and very decisive battle of Nashville, after which the bat- tery was ordered to join Sheridan in West Virginia. Before reaching Sheridan, however, they were ordered to garrison duty at Chattanooga and remained there until ordered north to be discharged. In 1865 he entered the Law Department of the University of Michigan and was graduated in 1867. He was admitted to the Bar in April, 1867, and set- tled at Charlotte, Michigan. After practising a year he was elected prose- cuting attorney for Eaton county and held that office four years. By indomitable push and studious habits he soon obtained a lucrative practice and in 1875 was elected Judge of the Fifth Judicial Circuit. In 1878, after twice declining the office, he was, at the earnest solicitation of U. S. Senator Isaac P. Christiancy, who represented that President llayes urgently requested it, persuaded to accept the appointment of U. S. Dis- trict Attorney for Utah, and entered upon his duties there in March, 1878, remaining in charge of the office until the spring of 1884, when he resigned and returned to Charlotte, Michigan. In 1884 he was chosen Chairman of the Republican State Central Committee. In 1890 he removed to Detroit. At its semi-centennial anniversary the degree of Ph. D. was conferred upon him by his Alma Mater, Alfred University, and in 1893, I.I. D. Soon after settling in Detroit he was engaged as special lecturer at the Detroit College of Law, and in 1893 was elected Dean of the faculty, which position he still occupies. Judge Van Zile was selected for the responsible position of United States District Attorney for Utah because he was believed to possess both ability and determination to cope with the peculiar situation there, and the qualities essential to the success- ful administration of the law in that priest-ridden territory, then under Mormon domination. Every crime in the decalogue was rampant in Utah, and being committed in the name of and under the direction of the Mormon hierarchy and protected by all the power that most stupendous and mysterious of organizations could put forth. At the time Judge Van Zile entered upon the duties of the office of United States District Attorney it was almost impossible to secure a conviction of any of the numerous murder and polygamy cases arising in that territory, because of the protection they received from the Mormon Church; or indeed for a Gentile to secure justice in a civil suit against a Mormon; and he soon discovered that the cause of this state of affairs was two-fold-first, lack of proper laws bearing upon the empaneling of jurors, the production of witnesses and the acceptance of the wife's testimony in polygamy cases ; second, the non-enforcement of the laws that were upon the statute books owing to the domination of all offices by the Mormon Church. Heroic measures were necessary to eradicate the existing evil and to place the ter- ritory in a condition where the laws could be enforced. One of the initial steps was taken when in the " Miles case" Judge Van Zile secured a ruling from the District Judge on the ineligibility of polygamists or mem- bers of the Mormon Church as jurors in the trial of polygamy cases.
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This was of vital importance, for it was impossible to secure a conviction where the majority of the panel were equally guilty or sympathized with the prisoner at the Bar. The challenge to Mormon jurors, upon the ground that they were biased by their belief that polygamy was a law of God unto that people and therefore right, was sustained by the United States District Judge, and a Gentile jury was obtained and Miles was convicted and sentenced to five years in the penitentiary. The case, because of this ruling of the District Court, was appealed to the Supreme Court of the territory where it was affirmed and then appealed to the Supreme Court of the United States, where it was again affirmed. This was the most important case ever tried for the Territory of Utah and did more to break the back of the monstrous oligarchy than anything ever done before. Judge Van Zile mastered the intricacies of the Mormon faith and of their secret rites attending the "Endowment House " mar- riages and succeeded in publishing an entire exposé of them, and by his able presentation of the entire subject to the Congress, secured such legis- lation by Congress as enabled him and his successor in office to eradicate the most objectionable features of Mormonism, to punish offenders against the law, to make Utah Territory a safe home for Mormon or Gentile. And perhaps to his efforts and success is due more than to all else the present Statehood of Utah. During the greater portion of his nearly six years' service in Utah he was in constant danger, often receiving letters threatening his life if he did not desist; but nothing turned him aside from what he believed to be his duty. The administration of the law in Utah required a strong arm and a stout heart. His experience in the war and his gigantic frame, standing over six feet, and his great determination and well-known personal courage were safeguards; while his amiability of character and gentleness of manner won friends, even among those whom his office compelled him to oppose. As a practitioner Judge Van Zile has met with signal success. His practice has been of general character and in the preparation and management of cases he exercises great care, every detail receiving attention. He is a pleasant speaker and a forcible jury advocate, always having his subject well in hand and thoroughly digested. He speaks with directness and in clear language with distinct enunciation. His advice and counsel is sought by a large and influential clientage. As the Dean of the Detroit Law School, Judge Van Zile is giving much valuable time to the thorough education of those who seek to enter the legal profession and has set the standard high. In 1893 he was appointed by the Wayne county Circuit Judges chairman of a standing committee for examination of applicants for membership to the Bar, and it was perhaps in approval of his action in making strict examinations that the Legislature at its session in 1895 established a State Board of Exam- iners, of which, the Governor, upon nomination of the judges of the Supreme Court, appointed Judge Van Zile a member. He married Miss Lizzie A. Van Zile in 1866, and has an interesting family of children, to
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whose education he and his wife are devoted and for whose sake he resigned the office of United States district attorney at Utah, that they might enjoy the advantages of our eastern schools. He takes great pleas- ure in the work of his chosen profession, has no desire for office or political fame, and though often solicited to enter the field for political positions, has always refused, believing that it would be detrimental to the one great object and aim of his life, viz: to be a good lawyer. Judge Stephen P. Twiss, of Kansas City, who presided in the United States Court for Utah, makes the following reply to the editor's request for information :
" I am glad to answer your inquiries concerning Hon. Philip T. Van Zile, of Michigan, who was for several years United States prosecuting attor- ney in the Territory of Utah. He was frequently in court in the trial of cases, civil as well as criminal, which gave me unsurpassed opportunity of observation as to his merits, methods and ability as a lawyer and advocate. His use or utilization of facts in jury cases was always good and sometimes remarkable. His perceptions were quick and generally correct. His good sense, excellent judgment and happy faculty of adapting himself to the vision of the jury, and of forcing his own theory and understanding of his case upon the mind, conscience and comprehension of the jury, together with his industry and care in preparation for trial, made him unusually successful as a trial lawyer."
CHARLES FLOWERS, Detroit. Mr. Flowers was born in Bucks county, Pennsylvania, December 14, 1845. His parents were Joseph and Sarah (Pickering) Flowers. His mother was a descendant of Timothy Pickering, Secretary of State under Washington, and of Revolutionary fame. His parents were both natives of Pennsylvania, and of the Quaker faith. His father was of English and Dutch descent, and his ancestors emigrated to Pennsylvania very early in the history of the colony. His parents, now both deceased, lived on a farm in Bucks county, on which Charles remained until about eighteen years old, helping his father with the farm work and attending the public schools during the winter season. He left home at this period of his life for the first time, and made his way to New York City, where he was given employment as a stenographer in the offices of the Grand Trunk Railway. He then attended the collegiate institute at Fort Edwards for two years. He was employed by the Gov- ernment for a time to report military commissions in Raleigh, North Carolina. Leaving this service he returned to New York, and took up the study of law with Bangs, Sedgwick & North. He was with them a year, and in 1886 came to Detroit. In that city he secured a position as reporter in the Wayne Circuit and United States Courts, which he held for thirteen years. During this time, he reported the proceedings of the constitutional conventions of Pennsylvania, Ilinois and Ohio. He also continued the study of law while engaged in reportorial work, and had
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had Judge Brown as his preceptor. This eminent gentleman was presid- ing over the United States District Court of Detroit, but now is on the Bench of the Supreme Court. Ile was admitted to the Bar in 1878, but continued reporting until 1880. He was then elected Circuit Court Com- missioner, and served a term of four years. In 1884 he was nominated as a candidate for prosecuting attorney, but was defeated. He then took up the practice of his profession in which he has been engaged to the present time. He was appointed member of the fire commission in April, 1895, which position he still holds. He is now Corporation Counsel for Detroit, having received his appointment in July, 1896, from Mayor Pingrec. He has always taken an active part in politics, and is an earnest worker in the Republican party. He made the nominating speech presenting Governor Pingree before the Grand Rapids Convention, and was complimented for its manifest ability and oratorical power. In the practice of the law he has won a place for himself that is both honorable and prominent. Capa- ble men in the profession who know him willingly accord to him the possession of brilliant parts and demonstrated ability. He was married to Miss Mary E. De Normandie, a native of Pennsylvania, in 1868. They have three children, oue of whom, Norman, is engaged in practice with his father, and is a graduate of the Law Department of the University of Michigan.
GEORGE H. PRENTIS, Detroit. Mr. Prentis is the son of Eben and Rebecca (Gager) Prentis, natives of Virginia and Connecticut respectively. His father was born in Richmond in 1788, and his mother in New London, Connecticut, in 1800. Both died in Detroit. His father was eighty years old, while his mother had only reached the age of forty-four. At an early day the family came to Michigan, and settled in Monroe, where the sub- ject of this sketch was born April 28, 1838. Soon after this the family removed to Detroit, and the education of George Il. was principally secured in the public schools of that city. He graduated from the Detroit High School in 1854, and spent the next two years tutoring. He then began the study of law in the office of Backus & Harbaugh in Detroit. In 1860 he was admitted to the Bar, and at once began practice. He has not confined himself to any particular branch of the law, and has done a general legal business. It will be seen however by this sketch that he has won fame in certain branches of his profession. He has never had a part- ner, preferring to be alone. In politics he has always been a Democrat, but has been much averse to office seeking; so that the only office he has ever had is that of Circuit Court Commissioner, from 1862 to 1866. Among the more noted cases in which his professional labors have been employed we might mention the Ward Will Case that involved five million dollars, in which he was one of three counsel for the contestant. Another
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was the Blackely case, which involved the question of the liability of municipal corporations for injuries received from defective sidewalks and highways. This case resulted in a judgment for plaintiff in the Circuit Court, but it was carried to the Supreme Court of the State, by the city of Detroit, where it was held at the July 1870 term that in Michigan a city was not liable for such injuries. This decision was regarded as so adverse to the public welfare that soon after the Legislature passed a law making municipal corporations liable for such injuries in Michigan. Mr. Prentis is quite generally employed in contested election cases in Detroit, having a practical monopoly of that kind of business. He has also been employed by the defense in several noted murder cases, the most important of which were People vs. Dr. Hollywood and Joseph S. Hardy (November Term, 1878), and People vs. Hugh S. Peoples and Dr. Hollywood (August Term, 1882. In both cases he cleared the defendant. Mr. Prentis was married in 1866 to Miss Lovina C. Griffin, of Cuba, New York. They have an interesting family of three children. His only son, G. Griffin Prentis, is a graduate of the Literary and Law Departments of the University of Michi- gan, and is now practising law with his father. Of our subject it is a common saying that he is a very impulsive man, and that he loves his friends to extremes. As a lawyer he is strictly honest, and firmly believes in whatever proposition he advances for his client. He enjoys the reputa- tion of being one of the very best posted men in the city of Detroit in common law pleading, his knowledge of it being simply wonderful. He is pronounced especially good in contested election cases, quo warranto pro- ceedings and ejectment cases. As a cross-examiner he is unexcelled. He is very happy in his home relations, having a charming family, and is a good entertainer.
TIMOTHY E. TARSNEY, Detroit. Hon. Timothy E. Tarsney, a son of Michigan, is the architect of a unique and interesting personal career. Ile was born on his father's farm in Hillsdale county, February 4, 1849, and his scholastic education was practically limited to his acquirements in the country district schools prior to the age of twelve. He was a well- bred Irish boy, as to lineage and parentage. His father, Timothy Tars- ney, was a native of County Sligo, and his mother, Mary A. Murray, of County Westmeath. They emigrated to America in 1831, were married in Rochester, New York, and soon afterwards came west, locating in Man- hattan, now Toledo, at the mouth of the Maumee. His father was a farmer-blacksmith and usually plied the mechanical trade in a shop situated on his own farm and on the highway near his house. The family removed to Michigan in 1844, locating first in Medina, Lenawee county, and going thence four years later to Ransom, Hillsdale county, where the permanent family home was established. At the age of twelve young Timothy
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started out for himself to improve the mechanical talent inherited from his father. Entering a machine shop at Hudson he remained there nearly three years, learning the trade of machinist. As may be imagined, he was impatient during this period to participate in the more exciting scenes enacted south of the Ohio river. He belonged to a patriotic family. Before the ink was dry on President Lincoln's first proclamation, calling for volunteers to suppress the rebellion, three of his brothers responded on the same day, offering their services. A fourth brother entered the service a little later, and Timothy followed before he was fifteen years old. He went to Tennessee, a mere stripling, in February, 1864, and was first employed in coupling cars at Nashville; next he served as fireman on a locomotive in the service of the Government. It was an extra-hazardous employment, but none the less attractive to the capable boy. During the siege of Nashville he was in the city awaiting orders. He heard the rumbling of the cannon at Franklin, eighteen miles away, and was fireman on the engine which carried relief ammunition to the beleaguered army. He tells the story of that day's adventure in most captivating style: The fighting, his fright and feverish imagination more wonderful than Falstaff's in its power to multiply the enemy; for he could see a million Confederate cavalry when the sober, unimpassioned roll-call would have revealed about one hundred on both sides engaged in a hand to hand conflict. The engine and seven box cars laden with munitions of war " zipped " through the midst of the combatants, bound for Franklin. The locomotive was lost ; young Tarsney bought a mule for a dollar, rode back to Nashville and remained in the employ of the Government until the close of the war. Hlis eldest brother was killed in the battle of the Wilderness; another brother was a prisoner of war seventeen and a half months at Anderson- ville, Belle Isle and Milan. His brother John was wounded and captured at Gettysburg; has recently served three terms as a member of Congress from the Kansas City, Missouri, district, and is now United States Judge for the territory of Oklahoma. Ilis brother Tom carried the regimental colors at Gettysburg, where, in a hand to hand struggle for their posses- sion, Col. II. S. Jeffords, of Chelsea, Michigan, was stabbed to the heart by a bayonet-a rare distinction for a field officer. Tom re-enlisted and went to Mexico to aid in expelling Maximilian, and two years ago he was adjutant-general for the State of Colorado. His brother Andrew, a loco- motive engineer, was killed by accident in Mexico. Five brothers in the Union army at the same time is a rare and impressive object lesson in patriotism! After the war closed the subject of our sketch returned to the machine shops' at Hudson, where he worked until February, 1866, and then took charge of a steam engine in a saw mill at East Saginaw. A year later he received from the United States board of steamboat inspectors a certificate as marine engineer. For the seven seasons next ensuing he pursued that occupation, and while thus employed cherished other aspira- tions. His impulse to adopt the profession of law became a fixed purpose
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and thenceforward the monotony of his mechanical engineering was relieved by a study of the learned Commentaries of Blackstone. During the winter months, between the seasons of navigation, he pursued some academic studies and also attended the Law School of the University of Michigan, from which he was graduated with the class of 1872. During the open season following he was chief engineer on the lakes and at the close of navigation he settled down to the practice of law in East Saginaw. The next year he was elected justice of the peace, but resigned in 1874 in order to devote all of his time to the practice. This election afforded a fair test of his personal popularity, as he alone of all the candidates on his party ticket was elected. In 1875, and for three successive years, he served as city attorney of East Saginaw, but resigned because of increasing private business. In 1879 he became the senior member of the firm of Tarsney & Weadock in a partnership which continued twelve years and enjoyed great prosperity. In its extent and profitableness their business was scarcely excelled in the Saginaw Valley. In 1880 Mr. Tarsney was nominated as the Democratic candidate for Congress in the Eighth District, against Ros- well G. Horr, the sitting member. Although defeated he received two thousand votes more than were given to the Hancock electoral ticket in the same election. In 1882 he was nominated by his party for Attorney General, but suffered defeat with the ticket. In 1884 he was chosen unanimously as a delegate at large to represent the Democrats of Michigan in the National Convention and was a member of the committee on reso- lutions. The same year he was again nominated for Congress and defeated Roswell G. Horr. In 1886 he was re-elected over Mr. Horr. During both Congresses he served with distinction on the two important commit- tees of commerce and labor. Although nominated by his party for a third term the campaign of 1888 was won by the Republicans and he resumed his neglected law practice. He has not been a candidate for public posi- tion since that time and freely expresses a preference for the practice of his profession. In 1893 he came to Detroit with Mr. W. W. Wicker, and the firm of Tarsney & Wicker was formed. Since that time he has devoted his time to the law without interruption, except the periodical participa- tion in political campaigns, as a public speaker. A few of his most important cases should be mentioned; Owen et al. vs. Potter, executor et al. in which he was associate counsel. This case involves over eight million dollars, probably the largest sum ever contested for in the State of Michigan. Mr. Tarsney representing the prosecution recently finished a legal argument occupying seven days. Robert Crowley vs. the C. M. Nel- son Lumber Company, representing values of three million dollars in iron mines in the Mesabo range, Minnesota, is now pending in the Minnesota Supreme Court. The case of Roger Kane vs. Mitchell Transportation at Buffalo is now demanding attention. The reports of the Supreme Court of Michigan contain many of his cases. Besides he is conducting a large admiralty business in the United States courts. His experience of seven
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years as a sailor is of great advantage to him in admiralty cases. His practice extends from Detroit to Buffalo and Duluth. Mr. Tarsney's interest in politics is the manifestation of a born talent. He believes in the definition of politics as "the science of government" and thereby evinces his stalwart patriotism. He is one of his party's greatest champions in the discussion of political issues on the stump, winning his way by a per- suasive logic and fervid oratory. Where the fight was hottest in the cam- paign of 1896, there was Tarsney found. He had a "silver tongue" for the campaign of 1896 and gave a reason for his faith on many a stump. Being among the most eloquent of the advocates of the free coinage of silver, he entered the campaign like a cyclone in full rotary motion. His intuitions are strong ; his perspicacity remarkable; his sensibilities impres- sionable; his sympathies easily touched, his imagination is lively and his mental pictures are instantaneous as well as brilliant. The keenness of his perception would enable him to reach a conclusion from a premise without ratiocination and yet his judgment is not formed without delibera. tion or expressed without reason. When a conclusion is reached, whether intuitively or logically, he moves with celerity and supports his position with forcible arguments impulsively expressed. He is gifted in colloquial debate, ready with Irish wit, quick in repartee; impetuous in style and yet so courteous in bearing as never to offend an adversary. He makes an appeal or an assault with ardentia verba. Whether he shall again enter the nation's council chamber or continue in the forum, battling with giants, he will be heard from in the future.
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