USA > Michigan > Bench and bar of Michigan : a volume of history and biography > Part 32
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Mr. Shields in his own and neighboring counties during the past thirty years. He has also assisted in the argument of many important cases in the Supreme Court of the State, including Beebe vs. Birkett, Dean vs. Ellis, Wright vs. Neminster, Sutphin vs. Ellis, Chubb vs. Randall. Besides he has assisted in the trial of several cases in the United States courts at Detroit, among which were the cases of Tuthill vs. the village of Howell, and Fagan vs. Cullen. Mr. Shields has always been a Democrat. He has taken an interest in politics and has held the office of justice of the peace four years, Circuit Court Commissioner four years, in addition to his service as prosecuting attorney. He is not a member of any society, club or fraternity. In his father's family were six sons, all of them lawyers, all Democrats, and all Democratic stump speakers; so that the family appears to be unanimous in politics and in the legal profession. He was married May 12, 1869, to Lydia A. Lonergan. Three sons were born of this mar- riage and have grown to maturity. The eldest, James L., twenty-five years of age, is in the mercantile business at Benton Harbor; Edmund C., aged twenty-three, a graduate of the Literary and Law Departments of the University of Michigan, is engaged in the practice of law with his father; Frank J. is now a student in the Law Department of the University of Michigan.
FRANK A. LYON, Hillsdale. Mr. Lyon was born in Walworth, Wayne county, New York, January 4, 1855, and is now at the prime of his powers. Through his parents he inherits many of the best traits of English and Scotch character, as well as a moral trend that has been of vast benefit to him. They came into Michigan in 1856, where they spent their declin- ing years. His father was Newton T. Lyon, and his mother Caroline M. Smith. Both were much respected by those who knew them best. Mr. Lyon received his preliminary education in the Branch county common schools, and afterward attended high school at Quincy and Coldwater, and finished his school days in the Northern Indiana Normal at Valparaiso. For some years he was engaged in school teaching, and in 1879 entered the office of Hon. Charles Upson at Coldwater, for the purpose of reading law. After a thorough course of reading he was admitted to the Bar in February, 1880. After his admission to the Bar he found it wise to defer his entrance upon the practice of his profession for a time on account of his having received the appointment to a clerkship at the consolidated Omaha and Winnebago Indian Agency in Nebraska. He was in the West about six months, On his return to Michigan he opened offices at Howard City and Edmore, and almost immediately found many patrons. At the expiration of about three years he removed to Stanton to enter a partner- ship with M. C. Palmer. Their relations were always very pleasant, but were broken off after some three years by the ill-health of Mr. Lyon, who
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was compelled to return to his old home in Quincy and devote himself principally to the business of recuperation. In 1891 he located at Hills- dale, and formed a limited partnership with A. B. St. John to close out his business. This was accomplished in about a year, and Mr. Lyon was without a partner until 1896, when he found one in C. M. Barre. The subject of this sketch is a capable and aggressive lawyer and has frequently surprised his friends by the variety of his resources in emergencies and the fire of his action in complicated cases. Probably the hardest legal fight of his career was in this great criminal case: In 1893 he was appointed by Judge Lane to prosecute the case of the People vs. M. P. Foglesong, who was charged with the murder of his wife. The accused was a physician, and it was said that he poisoned his wife. The trial lasted for seventeen days, and brought out much expert testimony on the question of chronic strychnine poisoning. Some of the leading experts of the country were employed as witnesses upon this trial-the result of the case depending very largely upon their testimony. This testimony was skillfully handled by the prosecution and resulted in the conviction of Mr. Foglesong. In the early part of his professional career he turned his attention especially to criminal law and had a large practice in that line. His success was such that in upwards of six years he did not lose a single case. Among his important cases decided by the Supreme Court are the following: Lewis vs. Rice (61 Mich. 97), .Ranney vs. Donovan (78 Mich. 315), Donovan vs. Donovan (85 Mich. 63), Keagle vs. Pessell (91 Mich. 618), Cook vs. Foster (96 Mich. 610), People vs. Fowler (104 Mich. 449). Mr. Lyon served on the Montcalm county board of school examiners for three years, and was Circuit Court Commissioner in Branch county one term. In Hillsdale county he took no active part in politics until 1896, when he took the stump for McKinley and the Republican party. He is attorney for the First National Bank, and attends to the legal interests of Hillsdale College. As attorney for the college he has had some important litigation involving the question of the corporate powers of such corporations. He is a Mason much beloved in Masonic circles, and is a member of the Blue Lodge and Hillsdale Chapter No. 18, R. A. M. He has been married twice, his first wife, Mary L. Demarest of Girard, dying December 6, 1881, after a wedded life of three years. He was married August 5, 1885, to Emma Fink, of lonia. She is the mother of one child, Vivian E., who is nine years old. Mr. Lyon has been for two years a member of the board of directors of the State Bar Association, and his legal acquirements are freely conceded by his brethren at the Bar. As a lawyer he is careful and painstaking, and his health has undoubtedly suffered from his intense application to his work. He has the best law library of any single lawyer on the line of the Lake Shore Railway in Southern Michigan. He is reliable and honest, and suffers no essential detail of any case to escape his observation and attention. His associates regard him as the most thorough lawyer in Hillsdale county. It is claimed that in his effort to be
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thorough he sometimes gives more personal attention to minute details than is necessary, and certainly more than is good for his health. Ile always does the hard work himself instead of leaving it to others. In the Foglesong poisoning case he studied medicine with special reference to the action of mineral poisons on the system and his knowledge of the subject was so clear and comprehensive as to puzzle the best medical experts called as witnesses by the defense. Ile has the habit of going to the bottom of all his cases so as not to be surprised at anything that may arise during the trial. In social contact one might conclude that he is too mild-mannered to be successful; but in the trial of a cause he manifests all the force and vigor necessary. He is so thoroughly imbued with the subject matter and his client's interests as to be afire with earnestness and enthusiasm. He never tries his cases in the newspapers, or outside of court, and his methods are known only to himself except as they are developed during the trial. In all personal matters he is careful and prompt, maintaining a reputation for business integrity not excelled by that for legal ability. He is fond of his home and family, ever exhibiting in the domestic circle the kindness and indulgence which adorns the rela- .tions of husband and father.
ALEXANDER R. AVERY, Port Huron. If there is in America any distinction attaching to seniority of ancestry, then the Avery family of the United States and Canada are entitled to it. The honors that accrue to unbroken lineage extending backward into the dim past, with the super- added honor of knighthood, belong to them. Their genealogy is traced beyond Plymouth Rock nearly four centuries to the days of King John, when Sir William Avery was knighted by that monarch on the field of battle, for feats of valor. Capt. Christopher Avery, youngest son of Sir William Avery, came over in the good ship Arabella and landed at P'ly- mouth Rock with Gov. John Winthrop in 1630. He was the founder of the American branch of the family. In the war for independence the family took an active part. Eight members bearing the name of Avery were killed in the battle of Groton and massacre of the garrison of Fort Griswold, which followed the descent of Benedict Arnold in command of the British and their Indian allies. Relatives of the Averys were slaugh- tered in the same historic engagement-September 6, 1781, during the fiendish massacre of the little garrison of patriots at the fort. The old homestead at Groton which was built by James, the son of Capt. Chris- topher Avery, is still standing and is occupied by the Elder Park Avery branch of the family. The grandfather of our subject moved to Canada just prior to the breaking out of the war of 1812, and was conscripted into the British army. Alexander R. Avery was born November 14, 1846, of American parents, in the village of Claremont, Ontario county, Ontario.
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His father, Anthony R., and his mother, Sarah Hilborn Avery, were both natives of Pennsylvania. Ilis education began in the district schools near Toronto. His family moved to Michigan and settled on a farm in St. Clair county, near Port Huron, in 1862. He attended district school dur- ing the sessions, for two years, working on the farm in the intervals. In 1864 he attended the State Normal school, after which he taught until 1868, and attended the Normal another term. He resumed teaching which was continued until 1871. During all these years he had kept one object steadily in view-to prepare himself for the profession of law, and law books were his constant companions during leisure moments. His studies were continued in the law office of Nims & Beach, of Lexington, and in the fall of 1871 he entered the Law Department of the University of Michigan, where he remained for a year. During the December vacation 1871 he was on examination admitted to practice, but returned to the University and completed the year. Immediately thereafter he took up the practice at Port Huron, with Cyrus Miles. The connection lasted only until January 1873, when he purchased Mr. Miles's interest and good will and formed a partnership with William T. Mitchell, who had just retired from the Circuit Bench, under the style of Mitchell & Avery. Mr. Mitch- ell retired in 1875 and J. W. Avery, who had just passed examination, was admitted, forming the firm of Avery Bros. In 1886 J. W. Avery retired on account of failing health, and his place was taken by Lincoln Avery, present prosecuting attorney, who was a student in the office. In 1892 Mr. Joseph Walsh, who had been with the firm since he was fourteen years of age, was taken into the business and the style of the partnership was changed to Avery Brothers & Walsh, as at present. Since 1875 Mr. Alexander R. Avery has been prominent in connection with cases tried in St. Clair county. He was prosecuting attorney from 1874 to 1879, two terms, and Circuit Court Commissioner from 1872 to 1874. At present the firm is retained by the State to assist the attorney general in settling the titles to the lands known as the St. Clair Flats. In politics Mr. Avery is an uncompromising Republican. He was appointed postmaster of Port Huron by President Harrison, held the office forty-seven months, and was removed by President Cleveland for offensive partisanship, one month before his term expired. He has several times been chairman of the Republican County committee and member of the State Central commit- tee. He was married July 22, 1866, to Miss Martha Locke of Sanilac county, and they have three children. Henry, aged twenty-eight, resid- ing in Detroit ; Minnie, aged twenty-four and Kittie, aged fifteen, residing at home.
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JOHN C. FITZGERALD, Grand Rapids. John Chaplain FitzGerald is practically a native of Michigan. His mother, Sylvia Strickland, was of Puritan stock, while his father, Jeremiah FitzGerald, was a native of New York. He was born in Berlin, Huron county, Ohio, in 1835, and when an infant his parents removed to Springport, Jackson county, Michigan, where his father engaged in farming. Jeremiah FitzGerald served his country as a captain of Volunteers in the War of 1812, and after removing to Michigan, was one of the sturdy pioneers of Jackson county. The subject of this sketch had the advantages and the disadvantages in his early days of the average farmer's boy, with the obligation to work as soon as able, and the privilege of attending the district school during a few months of the year. Ilis early education was secured under difficulties which to many would have seemed insurmountable. He, however, made the most of his opportunities, and by dint of hard labor and working late at night after his farm duties had been attended, not only acquired a rudimentary educa- tion, but cultivated that persistent and untiring energy in the face of oppo- sition which has been characteristic of his subsequent life. With money earned by teaching a district school he was enabled to attend Albion Col- lege. In his work at home, and afterwards at Albion, he had steadily in view the purpose of studying law, and following this plan he, upon leaving school, went to Jackson and entered the office of Austin Blair, afterwards Michigan's War-Governor. In this office he was prepared for his admission to the Bar, which took place in 1858, after which he contined to practice in Jackson until early in 1860, when he removed to Marshall, Calhoun county. The Bar of Calhoun county at that time was second to none in the State, and Mr. FitzGerald was compelled to and did win his place, through unflag- ging and energetic devotion to the business entrusted to him. He remained there until 1873 and built up a large and profitable practice. He held the
office of prosecuting-attorney from 1861 to 1865 and was also State Senator in 1869, declining to serve beyond the one term. With the exception of a nomination for Congress for the Grand Rapids District in 1884, he has at no other time engaged in politics. On this occasion he was defeated with his party. In 1873 he was invited to enter into a partnership with John W. Champlin and Roger W. Butterfield of Grand Rapids, and the firm of Champlin, Butterfield & FitzGerald was continued for several years in the enjoyment of a most excellent practice. His removal to Grand Rapids was most happily timed; legal business in the settled agricultural country of Southern Michigan had greatly diminished, while that of Grand Rapids and the country tributary to it was at full tide. His hands were at once full of important business, and his thorough preparation elsewhere fitted him well for the new and more extended litigation in which he was to play a prominent part. On the dissolution of the firm, Mr. FitzGerald opened an office for himself and was without other partnership association until a comparatively recent period. He is still in active practice and has shown
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no disposition to relieve himself of the arduous cares of his profession. He has a fine physical development, a keen intellect, quick perception, strong convictions, and is a man of untiring industry. From the outset his ambi- tion has been to reach prominence in his profession and to bring to those entrusting business to his hands satisfaction and success. He has always displayed an unswerving loyalty to the interests of his clients. His natural disposition is to leave nothing untried, and nothing undone that may lead to success in his undertaking, and to that end he enjoys his work. Ile believes in thorough preparation for the trial of every case, and is always well equipped to meet any position his adversary may take. He deservedly stands high in the ranks of the lawyers of the State. Aside from his unqualified success at the Bar, he has also met success in a material way. Ilis whole strength and ambition have been devoted to legal practice, pure and simple, and he has never allowed himself to engage in speculative enterprises. He was married in 1859 to Addie F. Taylor, only child of Reuben and Harriet Taylor of Albion, Michigan. They have one child, the wife of Edmund D. Barry. Mr. Barry is also a lawyer, and for the past few years has been associated with Mr. FitzGerald in the practice. No biography of Mr. FitzGerald would be complete without making ref- erence to his family life. It has been as nearly perfect as it is possible to be made. His home has always been an ideal one, and no amount of dis- traction or worry in business has ever been allowed to interfere with his unfailing kindness to those dear to him. He is a lover of books, enjoys foreign travel, and is a close student of economic and financial questions. To add nothing to the above, would be to leave half the truth untold. Much of Mr. FitzGerald's position and success must be credited to the unfailing loyalty, the devotion and the sound judgment of his wife. She brought to the union just the qualities most needed by her husband, and whatever his labors or disappointments elsewhere, he found at home such unfailing charm and sympathy that the labor was soon forgotten and the cares and perplexities soon dissipated. He would not care to have the story of his career told without this recognition of indebtedness to one whose gentle character and genuine assistance has made his success beyond doubt.
ROLLIN H. PERSON, Lansing. Hon. Rollin II. Person is judge of the Thirtieth Judicial Circuit, a native of the State of Michigan and in the prime of life. He is descended from good New England stock, with English ancestors on both sides. His great-grandfather was Rev. Cor- nelius G. Person, of New Hampshire. His grandfather was Daniel Person, a native of New York, and his grandmother, Fanny Stevens, a native of Vermont. He is one of the two sons born to Cornelius H. and Lucinda Stafford Person, both of whom were natives of New York, who came to
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Michigan when young with their respective families. His father came to the State with his parents in 1837, was a teacher in early manhood, and later devoted his energies to farming, The family settled ou a quarter section of land in losco township, Livingston county, cleared the forest and cultivated a farm. Here Rollin 11. was born October 15, 1850. Ile was brought up on the farm, inured to hard work and privation. During the winters he attended district school and in this manner passed the first fifteen years of his life. After teaching for two winter terms he attended the Howell high school where he completed the academic studies and closed his literary education in school. In 1871 he was appointed deputy register of deeds and held the position two years. Before that he had decided to become a lawyer and began reading the text books in the office and under the instruction of Dennis Shields, an able lawyer of Howell. As may be assumed his preparation was broad and thorough. It was accepted as the equivalent of a year's instruction in the best law school. He entered the Law Department of the University of Michigan in 1872 and was admitted to the Bar the following year. Regarding it advantage- ous to begin the practice in a new country, he located on the Republican · river in Harlan county, Nebraska, where he opened an office and began business. Very soon his clientage was large; but the grass-hopper raid, by which the crops were destroyed and the whole country devastated the following year, rendered it impossible for him to collect his fees. Not being able to live upon debts and uncertain promises to pay, he returned to Michigan in 1875 and opened a law office in Howell. Here he estab- lished himself successfully and built up a profitable practice. In 1876 and 1877 he served as recorder of Howell. In 1877-8 he was Circuit Court Commissioner of Livingston county. These are the only offices ever held by him until he was appointed Judge of the Thirtieth Circuit, upon its formation in 1890. At the April election in 1891 he was chosen judge of the circuit, as his own successor, by a very complimentary vote, running ahead of his ticket about eighteen hundred. His reputation as a lawyer, his record on the Bench, and his personal popularity all contributed to this result. He was regarded a leader of the Livingston county Bar before his appointment to the judgeship. He is possessed of all the essential qualifi- cations for successful service on the nisi prius Bench : knowledge of the law, a judicial temper, keen perception in grasping a legal point or proposition, quick discernment of what constitutes proper evidence, and capacity for ready decision. He is therefore regarded by the Bar within his acquaint- ance as one of the best judges on the Circuit Bench in the State. His rulings and decisions have almost uniformly been sustained by the Supreme Court. He exercises the functions of a judge with undoubted moral cour- age and wise discretion. Whatever appears in the line of duty is taken up fearlessly. Judge Person is favored with social traits which are courted by the best society. He is a very fine conversationalist and has other charac- teristics which attract friends .. He was one of the organizers of the first
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State Savings Bank of Howell. In 1890 he removed to Lansing, which continues to be his home. He is described as a self-made man because the education which he acquired and the position which he has gained in the profession did not depend upon the assistance of others. He is in all respects a clean man. As judge he summoned the grand jury to investi- gate the frauds of State officers in canvassing the vote on the salary amend- ment. Hle seeks to enforce all laws and is an upright judge.
HENRY WALBRIDGE, St. Johns. Capt. Henry Walbridge was born August 21, 1820, at Cabot, Washington county, Vermont. He was orphaned at the age of twelve years and from that time forward was obliged to support himself. He learned a trade and worked during the day for self-maintenance and spent his evenings reading. Appreciating the importance of a liberal education he took a thorough course in the academy and while attending the academy utilized his evenings in the study of the law. In this manner he qualified himself to pass the examina- tion before Judge Isaac P. Redfield and was admitted to practice in the courts of Vermont. Ile entered upon the practice at law at Plainfield and subsequently located at Glover in the same State, where he remained in practice until thirty-two years of age. In 1852 he came West with his young family and located in Saline, Michigan, where he combined the practice of law with the business of a merchant. He was present at the birth of the Republican party, as a delegate to that memorable convention held "under the oaks" at Jackson. In 1856 he removed with his family to St. Johns and established his permanent residence there, devoting him- self entirely to his law practice and filling the office of prosecuting attorney for a term. He was appointed second lieutenant by Governor Blair in 1862 and assigned to the service of recruiting for the Twenty-third Mich- igan Volunteer Infantry. He raised Company G of that regiment and was mustered as its captain in July, 1862, going to the front at once. Later he was attacked with fever and diarrhea in camp at Louden, Tennessee, which unfitted him for service, and in January, 1864, he resigned on the surgeon's certificate of disability, returning to his home at St. Johns. While in the army.he was detailed as Judge Advocate in courts martial. Soon after the war he was again elected prosecuting attorney. He also served as Circuit Court Commissioner several terms. In 1896 Mr. Walbridge was once more nominated and elected prosecuting attorney of Clinton county. He is hale, active and vigorous, although nearly seventy- seven years old. His popularity is attested by the fact that he was the only successful candidate on his ticket at the last election. He is undoubt- edly the oldest prosecuting attorney in the United States. Captain Walbridge has made a reputation as one of the most prominent and suc-
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cessful lawyers in central Michigan. As an advocate before a court and jury he is fearless and powerful. In the examination of witnesses he has few superiors. He has tried many important cases in the circuits of the State, and his name is a familiar one in the reports of cases in the Supreme Court. He was married in Vermont to Zilpah Allen, a native of that State and a relative of Gen. Ethan Allen, the hero of Ticonderoga. Their three children are Henry E., lawyer, St. Johns; Edward 1 .. , lawyer, Grand Rapids; and Ella, wife of Dr. 11. 11. De May, of Jackson.
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