Bench and bar of Michigan : a volume of history and biography, Part 31

Author: Reed, George Irving. cn
Publication date: 1897
Publisher: Chicago : The Century Pub. and Engraving Co.
Number of Pages: 766


USA > Michigan > Bench and bar of Michigan : a volume of history and biography > Part 31


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


" For many years Mr. Smiley has been rated as one of the real lead- ers of the Bar of the State of Michigan. While he has been connected with many of the great cases, his reputation is not due to any special effort of his in any one prominent case, but rather to thoroughness in every case with which he has been connected. His reputation was not, therefore, of hasty growth, but is firmly fixed. Nor is it confined to particular merit in some one branch of professional work, as is often the case with distin- guished lawyers. In his case it can hardly be said that he excels any more in one branch than in another. To use a common expression, he is an 'all round good lawyer.' If there be any kind of legal work in which he may be said to be more valuable than in other kinds, it is the trial or diffi- cult jury cases, and to this fact may be attributed his employment by many corporations in the defense of damage cases. His skill in the exam- ination of adverse witnesses is not less notable than the ability with which he presents the evidence to the jury and the law to the court. In the popular sense of the term, he is not eloquent in his address to a jury, but he appeals strongly to the reason of the jurors, with sledge-hammer blows striking the weak places in his opponent's case, by a close analysis of the testimony and a logical arrangement of the facts. In the preparation of a case for trial, he is diligent to a high degree, shrinking from no amount of labor which may be necessary to prepare himself on all points to insure success. Herein lies the secret of success in the profession, and in its ser- vice Mr. Smiley has the advantage of excellent health and a vigorous con- stitution. Among those who have observed him in the trial of a case, it is notable that he seklom appears surprised or disconcerted by anything in the way of proof. However damaging may be the answers of a witness, it


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is not given additional importance by anything in Mr. Smiley's counten- ance or in his speech, although he is a most acute observer of the tendency of the evidence. He never loses his temper during a trial and is uniformly courteous to his opponents, indulging, however, in no flattery. During the trial It is his habit to take full notes of the testimony, sometimes with considerable deliberation, and unlike the results of such energy in the case of many attorneys, one who looks on the paper will find something legible. Ilis extreme modesty has prevented his elevation to exalted judicial place for which the entire Bar of the State recognize his fitness. By general consent he occupies the position of leader of the Bar of Western Michigan."


One of the greatest compliments that can be paid an attorney in the opinion of the legal fraternity is to be called into cases as counsel by other lawyers, for it demonstrates the estimation placed upon his abilities by men most competent to judge. For the past twenty years a large portion of Mr. Smiley's practice has come to him through the desire of brother attor- neys to have his assistance in the trial of their cases before juries and in legal and equitable proceedings before the courts. His practice extended not only to all the courts of Michigan, but he many times appeared before the . courts of Indiana, Ohio and Wisconsin. During his practice, Mr. Smiley's services have been particularly sought by railroad corporations. He for many years was the trial lawyer of the Grand Rapids and Indiana R. R., Co., and for a time acted as its general counsel. He has been the local attorney for the Chicago & West Michigan R. R. Co., the Detroit, Lan- sing & Northern R. R. Co., and the Detroit, Grand Haven & Milwaukee R'y Co., and has tried many cases for all of them in Kent and other counties of Michigan. He has been, and still is, the general counsel for the Manistee & North Eastern R'y Co., and has at times been retained in important matters of the Pennsylvania Company. Scarcely a volume of the reports of the opinions filed by the Supreme Court of Michigan begin- ning with Vol. 15 has been published, in which Mr. Smiley's name docs not appear as attorney for one of the contesting parties. When it is remembered that Vol. 15 contains the cases heard in 1866, and that since that time about ninety additional volumes have been published, the extent of his practice before that tribunal may be imagined. His practice also before the Federal Courts of Michigan was very large, the calendars of the Western District showing that he appeared in more cases than any other attorney who practised at that Bar. His extensive practice in this court necessarily resulted in his appearing many times before the Supreme Court of the United States in cases taken there on appeal. The records of that court show more than a score of cases argued by him and they also show that in more than two-thirds of these cases he met with success. Among the many important cases argued by him there were those known as the Lake Shore Railroad Bond cases and the Great Western Insurance Com- pany cases, all of which involved large sums of money, and in all of which his clients were victorious. Lawyers of Michigan are all familiar with the famous Perrin cases which were so long before the Federal and State


The Century Publishing & Engraving to Chicago.


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Courts and the sensational " Jockey Brown" will case, in both of which Mr. Smiley was counsel. In Attorney General vs. Ruggles and Brown vs. Brown many complicated legal questions as to land titles were settled by the Supreme Court of Michigan on lines laid down by him in his briefs and presented by him in his arguments before that court. Among the many cases tried by him before the Kent county courts, and afterwards argued by him in the Supreme Court that are celebrated locally for the amount involved and the nice legal questions raised, are Godfrey vs. Rath- borne, a complicated partnership accounting, and the Leonard insanity case. The Bench before which Mr. Smiley has appeared during his many years of practice, and the lawyers with whom he has been associated, or to whom he has been opposed, unite in saying that a distinguished character- istic is his unvarying honesty to the court and counsel. He never know- ingly mistakes the law or the facts, and agreements made by him with opposing counsel are uniformly carried out with scrupulous exactness. In 1874 he married Miss Florence M. Fitts of Portsmouth, New Hampshire, and they are the parents of two children, Edmund C., now in his second year at Yale, and Louise B., a girl of twelve. Mrs. Smiley has always occupied a high position in society and is especially well known in Grand Rapids for her work in literary and musical circles. It is needless to add that her hospitable home has always borne evidence of her artistic tastes.


EDWIN F. UHL, Grand Rapids. Hon. Edwin F. Uhl, ambassador to the Court of Germany, was born August 14, 1841, near Avon Springs, New York. His parents, David M. Uhl and Catherine De Ganno, were natives of Duchess county, New York. They removed to Michigan in 1844 and settled on a farm near Ypsilanti, where Edwin grew to manhood, gaining in the meantime a practical familarity with all kinds of farm work. He attended the district school in boyhood and was prepared for college under the instruction of Prof. Joseph Esterbrook, in the Union school at Ypsilanti. He entered the University of Michigan in 1858, took the classical course of instruction and was graduated from the Literary Depart- ment with the class of 1862, receiving the degree of A. B. in course. Some three years later the degree of Artium Magister was conferred upon him by his Alma Mater. His study in the text books of the law was begun at Ypsilanti under the instruction and in the office of Norris & Ninde, and his formal admission to the Bar by the Supreme Court of the State was in January, 1864. For the next two years he engaged in practice alone, and in 1866 was fortunate in forming a partnership with Hon. Lyman Decatur Norris, one of the most eminent and successful lawyers of Michigan. His aptitude in the law and his habits as a student had not escaped the observa- tion of his perceptor, Mr. Norris, during the years of his preparation, and the firm of Norris & Uhl then formed became one of the strongest, most


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widely known and prosperous in the State during the years that followed. A dissolution was occasioned in 1871 by the removal of Mr. Norris to Grand Rapids, but the partnership relation was renewed a few years later, after the removal of Mr. Uhl to the same city. He was appointed attorney of the Detroit, Hillsdale and Indiana, and the Detroit, Eel River and Hlinois railroad companies, and subsequently was appointed receiver of the former company. He served one term as prosecuting attorney of Washtenaw county, and declined a second nomination because of his prefer- ence for private practice. From 1873 to 1876 he was associated in partner- ship with Albert Crane, under the style of Uhl & Crane, at Ypsilanti, and in January, 1876, Mr. Uhl removed to Grand Rapids, where, at the begin- ning of the next year, he renewed the association with his old partner and preceptor in the law, L. D. Norris. It is a significant and singular fact in his career at the Bar that he entered into partnership relations at Grand Rapids, successively, with both of the lawyers with whom he had been associated at Ypsilanti. The dissolution of his partnership with Mr. Norris, January 1, 1887, was followed a year later by the organization of the firm of Uhl & Crane. This partnership was continued until


- January 1, 1894, when the senior member was called to Washington. The business of both firms in Grand Rapids with which Mr. Uhl was connected was large and lucrative, embracing as great a variety of litigation and as many important cases as came into the hands of any firm of lawyers in Western Michigan. During all this time Mr. Uhl was gaining reputation as a lawyer and eminence at the Bar. Ile had also become prominent in State and National politics. November, 1893 he was appointed assistant Secretary of State and removed to Wash- ington. He filled this position until May, 1896, performing all official duties with the utmost prudence and sagacity. His record there was his highest recommendation for promotion to a very exalted and responsible diplomatic post. He was appointed by President Cleveland to represent the United States as Ambassador to the Court of Germany. As soon as the arrangement of his private business permitted, he went abroad to enter upon the duties appertaining to an ambassador. His appointment was a recognition of the spirit of the civil service laws-promotion for merit. Mr. Uhl's prominence in financial affairs has not been less conspicuous than in the law. For fifteen years he has been connected directly with the management of large corporations at Grand Rapids. From 1881 until his removal to Washington he was president of the Grand Rapids National Bank. For some time he was president of the Gunn Hardware Company, engaged in the importing and jobbing business. He is a stockholder and director in several large manufacturing companies. He was for several years attorney for the Michigan Central railroad. Until he had become firmly established in the practice of the law and accumulated a competence he was little inclined to accept political office, although regarded as a most available candidate, and frequently solicited by his partisan friends to


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stand for office. He served two terms as mayor of Grand Rapids. He gets on well at whatever he undertakes, because he gives every step due consideration. Socially inclined, his companionship is sought and his friendship highly regarded. He was the first president of the Peninsular Club. He is an Episcopalian, a member and one of the wardens of St. Mark's Protestant Episcopal Church at Grand Rapids. He was married May 1, 1865, at Ypsilanti, to Miss Alice Follett, whose father, Benjamin Fol- lett, was a leading citizen of Michigan. They have four children, namely, Lucy Follett, David Edwin, Alice Edwina, and Marshall Mortimer.


CHARLES M. WILSON, Grand Rapids. The subject of this bio- graphical sketch is of Scotch, English and Irish extraction. His father, Henry J. Wilson, born at Avon, New York, was of Scotch-Irish descent ; a man of affairs, a banker and a merchant, who came to Michigan in 1846 and settled in Ionia, where he carried on business until his death in 1879. Ilis mother, Helen Moseman, was of Scotch-English descent, a woman of firm Christian character and estimable traits. She is still living in Ionia. Charles M. is one of a family of five children and the eldest son. The only daughter is Mrs. Lee M. Hutchins, of Detroit; the second son is William K. Wilson, a merchant of Ionia; the third is Hugh E. Wilson, of Grand Rapids, a lawyer; the fourth is Gilbert W. Wilson, of Ionia, engaged in the mercantile business with his elder brother. Charles M. passed his boyhood days in Ionia, where he attended the public schools and received a diploma from the high school in 1875. After taking a post graduate course of one year in the high school, he entered the Literary Department of the University of Michigan in the fall of 1876, and was graduated as a Bachelor of Letters in June, 1880. While in the university he displayed talent as a writer and an orator. He was graduated with honors and chosen the class historian. He was also selected from the Literary Department of the University to deliver the address on behalf of that department to President Angell on the eve of his departure for China as the Envoy-Extraor- dinary of the United States. After the completion of his course he returned to Ionia. where for a time he was employed as editor of The Standard. His leisure hours during the same period were occupied with the study of law in the office of Blanchard, Bell & Cagwin. Indeed it is proper to say that most of his time was devoted to the study of law and the editorial work was incidental. He was admitted to the Bar at lonia upon passing the required examination in September, 1882, and the same month entered the senior class of the Law Department of the University of Michigan. His study in the office and his admission to the Bar, upon examination, were accepted as the equivalent of the first year in the law course. After his graduation in the class of 1883, he settled in Grand


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Rapids in April, and was employed as clerk in the law office of Champlin & More. This engagement continued only until January, 1884, when the firm was dissolved by reason of the entrance of Judge Champlin upon the duties of Justice of the Supreme Court of Michigan, to which he had been elected. Soon afterwards Mr. Wilson formed a partnership with John E. More, junior member of the firm, in whose office he had found employ- ment, under the name of More & Wilson, and the partnership is still main- tained. With a single exception, it is the oldest law firm in Grand Rapids. Among the important cases with which he has been connected may be men- tioned Koopman vs. Blodgett in the Missaukee Circuit. This case involved the relative rights of log-runners and mill owners on the streams of the State. It is reported in 70th Michigan, page 610. Mr. Wilson was one of the counsel for complainant. The case was carried to the Supreme Court, where the complainant prevailed. Another case that may be men- tioned is Brown vs. Grand Rapids Parlor Furniture Company, in the United States circuit court, in which he was one of the counsel for defend- ants. The case involved the right of an insolvent corporation to give preferences to its creditors. The decision was in favor of the defendants `in the lower court; an appeal was taken to the United States Circuit Court of Appeals, and the decision of the lower court was affirmed. U. S. Cir- cuit Court of Appeals Reports, volume 7, page 225. As a lawyer Mr. Wilson is very clear in his discernment of points and felicitous in the expression of his views. He understands the theory of the law and has made himself familiar with the text books. He examines authorities relating to his cases with a great deal of care, not overlooking those which favor the opposite side of the controversy. He seeks to understand his own case and at the same time inform himself thoroughly as to the nature of the case made by his adversary and the authorities relied upon to main- tain it. On account of this carefulness he is not often surprised in the trial of a case, but is usually ready with an argument to meet any position that may be taken by opposing counsel. Politically he has always adhered to the Democratic party, believing in its time-honored principles and defending the views of the fathers. In the campaign of 1896 he was enrolled with the Sound Money Democrats and was an alternate at their National Convention at Indianapolis, September 2. He has never at any time been an office-seeker, but was the nominee of his party for prose- cuting attorney of Kent county in 1894. Although running ahead of his ticket, he went down with the land-slide that was universal in that cam- paign. In June, 1893, he was appointed by Comptroller of the Currency Eckels Receiver of the First National Bank of Lakota, North Dakota, and in October, 1896, he was appointed Receiver of the First National Bank of Mt. Pleasant, Michigan. June 3, 1891, he was married to Jane Wads- worth Dunning, of Auburn, New York, daughter of Henry S. and Jane Wadsworth Dunning, of that city. They have one son, Henry Dunning Wilson, aged four years. Mr. Wilson has the characteristics and qualities


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of a successful business man. He has been a member of Westminster Presbyterian Church during the period of his residence in Grand Rapids and is one of the trustees. He is a lawyer of more than average ability and of unchallenged integrity. He has made for himself an honorable position at the Bar, and by his courteous manner, deference to his asso- ciates in the profession, and respect for the court, has won the esteem of all practitioners, as well as of the courts in which he has the management of cases. He is quiet in deportment, unassuming in bearing, even-tem- pered, sincere-exhibiting the spirit of christianity. He is guided in his practice by strong convictions, and it is not in his nature to be connected knowingly with any action that is improper or questionable. In the home, in the larger circle of society, in the church, in the community and in his professional work his motives and conduct are alike irreproachable.


FRED AUGUSTUS MAYNARD, Grand Rapids. This distinguished representative of the Michigan Bar is the Attorney General of the State, . is still in the prime of life, and his friends insist that he is at the opening of a brilliant career. Hle is a master of the theory and practice of law, and his enviable standing as an honest man and an upright citizen gives character to his eloquent speech. He was born in Ann Arbor, January 20, 1852, and his career has honored his native state. His father, John W. Maynard, is the oldest living settler of Washtenaw county as respects years of residence. The father came from Massachusetts in 1824, and when he grew to manhood engaged in mercantile pursuits in Ann Arbor, in which he is still interested. By his generosity it was made possible for Ann Arbor to become the seat of the great University of Michigan. Mr. Maynard's mother is a native of New York, the daughter of the Hon. Gideon Willcoxson, a leader of the Bar in the early days of Michigan. She came with her parents to Ann Arbor in the spring of 1826. Mr. Maynard's parents were married on the 7th day of December, 1836, and soon thereafter established their home in the house which they now occupy. It is thought that this is the oldest home in the State of Michi- gan. Mr. Maynard was reared under the parental roof, and graduated from the city high school in 1870. The same year he matriculated in the Classical Department in the University of Michigan, and in due time completed his studies and receiving the degree of A. B. in 1874. In the fall of that year he entered the Law Department of the same University, and made so good a record in the next two years that he was graduated without undergoing the ordeal of an examination. Even while a law student he was admitted to the Wayne county Bar, after a thorough examination, in the spring of 1875. In 1876 he had conferred upon him the degrees of M.A. and LL .. B. The Literary class of 1874 contained a number who have since become prominent in professional, business and


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political circles. Among these is Dr. Henry Wade Rogers, president of the Northwestern University at Evanston, Illinois; Lawrence Maxwell, of Cincinnati, a leader of the Ohio Bar, and lately Solicitor General of the United States; Henry T. Thurber, President Cleveland's private secre- tary ; Victor II. Lane, Circuit Judge; Henry R. Pattengill, Superintend- ent of Public Instruction of Michigan; William 11. Wells, a leader of the Detroit Bar; Prof. Calvin Thomas, lately of the University of Michigan, now a professor in the College of the City of New York, and one of the most brilliant educators in the country. Mr. Maynard was a leading spirit in the University athletic world, being a member of the University base- ball nine, cricket eleven and foot ball eleven. Late in the year 1875 he went to Grand Rapids, and the next year became assistant prosecuting attorney of Kent county, -his partner, Capt. Stephen H. Ballard, being prosecuting attorney. In 1881 Mr. Maynard was elected prosecuting attorney by an overwhelming majority, and at the same time formed a partnership with Mr. George P. Wanty, which was continued for three years. In 1887 his present partner, Mr. Henry E. Chase, became associated with him under the firm name of Maynard & Chase. Mr. May- . nard's administration of the duties of prosecuting attorney was marked with great brilliancy. Many reforms were instituted by him, which have resulted in the saving of thousands of dollars to the tax-payers. In 1885 he was unanimously nominated for the office of judge of the superior court of Grand Rapids. In 1886 he declined the nomination to the State Sen- ate. In 1889 he became Michigan's candidate for the office of Governor of Alaska, having the unanimous support of the Michigan delegation, but President Harrison saw fit to give the appointment to Vermont. In 1890 he was elected representative to the State Legislature under the law pro- viding for cumulative voting, which was afterwards declared unconstitu- tional by the Supreme Court. In 1894 he was elected Attorney General by a plurality of over 112,000. Ile was warmly commended by the State press in his preliminary canvass, and his nomination was made by accla- mation -if not the first, among the very few times in the history of the State when a first nomination was accorded by acclamation. In the summer of 1896 he was renominated by acclamation and a rising vote, and elected by a plurality of over 57,000. He has an established reputation as a trial lawyer, and his management of a case is a delight to the student. Ile is an enthusiastic, all round lawyer, and was for several years a director of the State Bar Association. He is a stalwart Republican, and never hesitates to express his convictions. He advocates broad and progressive ideas, and is a vigorous representative of the young Republicans of the State. He is a public speaker of much power and many natural oratorical gifts. Quickness of perception, soundness of judgment, solid common sense, fidelity and enthusiastic loyalty to his friends are regarded as the prominent characteristics of Mr. Maynard's character. He is very happy in his domestic relations. Miss Charlotte Nelson became his wife Octo-


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ber 24, 1878. She is a daughter of the late James M. Nelson, a promi- nent figure in the first manufacturing enterprises in Grand Rapids. She is a lovely woman, an accomplished and popular lady and well supports her husband's name and standing. They are the parents of two children, a girl and a boy. Mr. Maynard comes of good patriotic stock, and belongs to the order of "The Sons of the American Revolution." He enjoys the somewhat unusual distinction of having had three great-grandfathers in the American Revolution. He is a college Greek, and is a member of the D K E, in whose fortunes he still takes a lively interest.


DENNIS SHIELDS, Howell. Dennis Shields is one of the old lawyers and prominent citizens of Livingston county. He was born, reared and educated in the State of Michigan, and has always practised his profession in the same place since his admission to the Bar. He taught in the district schools seven winters and settled at Howell in April, 1860. His father, John Shields, and his mother, Elizabeth McCabe, were both natives of Ireland .: His father was a farmer and he was brought up to work on the farm, and his early education was received in the common schools. He had no opportunity of attending college or acquiring a classical education. In early boyhood he had a liking for the profession of law and resolved to become a lawyer as soon as the opportunity offered. . His preliminary reading and study was in the law office of Mark Chase at Detroit, in 1858, and afterwards completed in the office of H. H. Harmon at Howell, where he commenced carly in 1859. He was admitted to the Bar on the last day of December, 1861, and settled in Howell for practice. His only partnership was formed with his brother, Judge John C. Shields, in 1872, and continued for three years. His practice has been general in scope and varied in character, embracing all classes of civil business, criminal cases and chancery practice. , The chances for taking up a specialty and devoting one's time exclusively to that do not exist in a small town, such as he has resided in during the course of his professional life. He held the office of prosecuting attorney eight years. Mr. Shields has tried or assisted at the trial of nearly all the important cases litigated in the circuit of his residence for thirty years. Among the criminal cases may be mentioned the People vs. Hlartsuff, for murder, and the People vs. Burt, indicted for murder, besides numerous assaults with intent to commit murder, and the People vs. Byand. His civil suits have covered almost every conceivable kind of controversy. Among the important cases may be mentioned Moore vs. Thompson ; the matter relative to the Neminster Estate: the will of Francis Monroe; Alonzo Gorton; People vs. Emily Marble, murder, in the Ingham circuit ; People vs. George Stapleton, murder, in the Saginaw circuit ; People vs. Levi Culver, assault with intent to murder, Ingham circuit. These are only a few of the many cases which have occupied the time of




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