Bench and bar of Michigan : a volume of history and biography, Part 33

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 33


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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


PATRICK HENRY PHILLIPS, Port Huron. Mr. Phillips, of the law firin Phillips & Jenks, was born in New York City, October 11, 1853. His father was a native of Ireland, a tailor by trade, and came to America in 1845. His mother was of Irish parentage and a native of New York City. In 1857 the family came West and settled at Port Huron, Michigan. What schooling he had was obtained in the public schools of that city. He improved his opportunities as demonstrated by the fact that at the age of fifteen he was working at the printing trade and writing for the columns of a weekly paper. While he worked for his daily bread he found time to devote to books and made as much progress in improving his mind as he did in learning a trade. Having mastered the printer's trade he failed to see in it the promise of advancement his ambition craved and he turned to the law, entering the office of Atkinson & Brother-afterwards Atkinson & Stevenson, where he remained in a clerical capacity from 1875 to 1881. He was admitted to the Bar in 1879 in the Circuit Court of St. Clair county. He was for a short time associated with Samuel W. Vance, now the Circuit Court Judge of St. Clair county. In 1881 he formed a part- nership arrangement with Elliott G. Stevenson, now a partner of Don M. Dickinson, in Detroit. It will be seen from the foregoing that Mr. Phil- lips's education had been of the practical kind rather than theoretical. Six years spent with men who stood at the top of the profession and who had a practice that covered every principle in law was the best possible kind of education for a close observer and hard worker, such as Mr. Phillips. The partnership formed with Mr. Stevenson continued until 1885. From that time up to to 1891 he remained alone, when he associated with him in the business, Mr. William 1 .. Jenks, a partnership that continues to the present time. In politics Mr. Phillips is a Democrat. He was elected on that ticket to the office of prosecuting attorney for the years 1885 and 1886. He has been city attorney by appointment of the city council since 1891. Hle took an active part in the steps that were taken to establish a public library for the city which placed the library in the hands of a commission and which will result in the people of the city having advantages which they were long deprived of, and he fully appreciates what a boon such an institution is to people who are unable to buy books. This provision was


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incorporated in the amendments to the charter of the city of Port Huron made in 1895, and it made provision for a commission of three persons to be appointed by the board of education, whose duty it is to look after the interests of the library and it also made provision for the raising of a fixed sum by taxation every year for library purposes. The firm, of which he is the senior member, has a large general practice in the State and Federal Courts. Mr. Philips was married in 1882 to Miss Kate B. Atkins of Port Huron. They have two children.


WILLIAM LEE JENKS, Port Huron. The founder of the Jenks family in America was John Jenks, who came from England in 1642 and settled near Lynn, Massachusetts. Ile possessed remarkable genius, united with practical common sense. He was the inventor of the modern mowing scythe, which for two centuries held undisputed sway in the meadows. He also invented or discovered a process of iron forging, and had the sagacity to protect it by letters patent from the Massachusetts Bay Colony. This was the first patent issued to an inventor on the American continent, and therefore gave to the patentee a historical dis- tinction. His invention was one of the contributions to modern civiliza- tion, inestimable in the money of barter and exchange. One of his descendants, who was the great-grandfather of our subject, was a soldier in the Revolutionary army. William Lee Jenks was born in St. Clair county, Michigan, December 27, 1856, the son of Bela W. Jenks and Sarah Carleton. His father, a native of Essex county, New York, was a dealer in lumber and real estate, came to Michigan in 1848 and located in St. Clair, where he still lives. William Lee was prepared for college in the St. Clair high school and entered the University of Michigan in 1874, where he took the full classical course. He was graduated in 1878, and the following year located in Port Huron and became a student of law in the office of Brown & Farrand. For more than a year he pursued his studies in the law under the instruction of his preceptors, and in October, 1879, was admitted to the Bar. For the first five years he practised alone, and in 1884 became associated in partnership with B. C. Farrand, consti- tuting the firm of Farrand & Jenks, which was dissolved after a continu- ance of five years. Ile then united with A. R. and Lincoln Avery to form the firm of Avery, Jenks & Avery, which was dissolved after an existence of one year. Mr. Jenks then continued in practice alone until 1891, when the firm of Phillips & Jenks was organized. Mr. Jenks has not given undue prominence to any specialty, or devoted himself to a considera- tion of one class of cases, or a single branch of the law. He has given particular attention to the laws relating to real estate-the investiga- tion of titles by descent or devise' or occupation-and all the various complications attending the inheritance, partition, conveyance and incum-


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brance of real property. This is a most interesting branch of the law, and one whose mastery requires vast research. His practice in the main has been general and in all the State and Federal courts. While the law has commanded his devotion and employed his abilities chiefly, he has been led by a pronounced financial instinct to engage in various enterprises that are purely traffic or commercial in character. He has been active in the organization and maintenance of private corporations which require a legal adviser. Ile is a director and the attorney of the City Electric Railway Company of Port Huron; director and attorney of the Port Huron Loan and Building Association ; director and attorney of the Commercial Savings Bank of St. Clair, and a stockholder and director in other Port Huron corporations. He is a plain, practical, sensible man and a good lawyer. He is not distinguished for oratory so much as for the dispatch of business. He is inclined to accept Dickens' definition of time as the measure of business, and makes his argument clear, plain and direct. One of the foremost lawyers of northeastern Michigan character- izes him as a man of gentlemanly instinct, kind, courteous and obliging; a good student and a thorough lawyer. He is a thoughtful, clear-headed . man, capable in business, as well as the practice of law. He is not one who can make a flowery speech upon the spur of the moment, and you must know him in order to appreciate his sterling qualities. He is one of the ablest members of the Porr Huron Bar. Mr. Jenks was married in 1881 to Margaret S., daughter of Dr. Moses B. Wilson, a practising physician of Belle Center, Ohio, and has one daughter.


EDWARD L. WALBRIDGE, Grand Rapids. Mr. Walbridge was born November 1, 1856, at St. Johns, Michigan. His father, Capt. Henry Walbridge, whose sketch is published in this volume, is a native of Ver- mont, who came to this State in 1852. His mother, Zilpah Allen, was a descendant of the renowned Col. Ethan Allen, of Revolutionary fame. The early life of the subject of this biography was spent in St. Johns. His education was obtained in the high school of that city and in the University of Michigan. He read law in his father's office and was admitted to the Bar February 17, 1879, before Judge Louis S. Lovell, passing a highly creditable examination, being the only candidate for admission. Before being admitted he was deputy postmaster of St. Johns for a year and a half. He began the practice immediately upon his admission, and in the fall of the next year was elected Circuit Court Commissioner. In the spring of 1883 he removed to Ithaca, Gratiot county, was at once appointed village attorney and acted in that capacity for five years. He was appointed circuit court commissioner of Gratiot county by Governor Rich in 1887. Was three years on Ithaca school board and its President in 1890. Soon after locating in Ithaca the construction of the Toledo, Ann Arbor and


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Northern Michigan Railroad was begun through the county and he was retained in over twenty injunction suits in the Circuit Court against the proprietors of the road. The object of this litigation was to restrain the company from building the road until the right of way had been paid for. The company at first paid some attention to the injunctions, but soon began to disregard them and began putting down the iron track without paying for the right of way. Mr. Walbridge and his clients tore up the tracks, burned the ties, and plowed up the road bed several different times. Hle and all his clients were arrested upon a criminal warrant, but through the earnest determination of young Walbridge to fight the suits in the courts the company abandoned the action and all were discharged. Ile and his clients were afterwards sued in the Federal Courts at Detroit for damages and again arrested upon a capias by United States Marshal Mat- thews. Bail was given and again the company resumed track laying; but it was no sooner down than Mr. Walbridge and his clients again tore it up. The company then proceeded in the probate court to condemn the land for railroad purposes. In the probate court Mr. Walbridge contested the proceedings and upon his motion to quash for defects in company's papers, the suits were dismissed with costs and attorney fees granted Mr. Wal- bridge. Again the company proceeded in probate court as before and again Mr. Walbridge detected vital errors in their proceedings and the suits were again dismissed with costs and attorney fees. The third time the company commenced proceedings in probate court and this time it was so sure the papers were right that on the day of hearing the company got several hundred men all ready to start putting down the track just as soon as the hearing was had; but upon this hearing Mr. Walbridge made another motion to quash the proceedings for defective papers, and after an earnest and hotly contested argument the motion was granted and cases were again dismissed. This ended the fight in probate court, as James Ashley, presi- dent of the road, called upon Mr. Walbridge and proposed settlement. The latter obtained full price for all the land taken from his clients and full costs and attorney fees. The company at its own cost and expense dis- missed its suit for damages in the Federal Court, and shortly afterwards appointed Mr. Walbridge the local attorney for its road. He held the position for two years and tried several important cases for the company. In 1886, at Detroit, he was admitted to practice in the U. S. Circuit and District Courts before Judge Henry Brown, now an Associate Justice of the U. S. Supreme Court. Four years later he formed a partnership with James Clarke, then prosecuting attorney, and served as assistant in this office until the partnership was dissolved in 1892. In May, 1892, he removed to Grand Rapids and formed a partnership with his brother, II. E. Walbridge, which continued one year, when the latter returned to St. Johns. In June, 1893, he was elected to membership in the Michigan State Bar Association, of which he is still a member. The same year he entered into partnership with j. T. McAlister, which was terminated by


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the appointment of Mr. Walbridge, March 1, 1894, to the office of assist- ant prosecuting attorney, by Alfred Wolcott, the prosecuting attorney of Kent county, which he held until June 1, 1896, and then resigned. The appointment came to him unsolicited, after his success in two important cases which he had before tried in the superior court. His work was gen- erally in the circuit and superior courts as assistant prosecutor, and he has made a fine reputation as a trial lawyer. One week he tried eight import- ant criminal cases in the superior court in succession before a jury and won seven out of the eight. He has done good work in prosecuting cases for the Kent county Humane Society and that organization has passed resolu- tions thanking him for his zeal in their behalf. He has tried several important cases in the Supreme Court and was one of the first lawyers who made a success in Supreme Court on the " Bohemian Oat Swindle " cases. In politics Mr. Walbridge is a Republican, and has always taken an active part in campaigning; but the last few years has devoted all his time to his profession. He is a popular and magnetic speaker and has been often called upon to deliver memorial and other addresses. When he came to Grand Rapids he had the endorsement of many prominent men in the State, including Judge R. M. Montgomery, of Lansing, Justice of the Supreme Court, Judge A. B. Morse, Consul at Glasgow, Judge Daboll and others. When he left Ithaca the attorneys and court officers held a meet- ing in open court and passed resolutions of regret at his leaving and charac- terized him as a man who had practised his profession without reproach. These were signed by all the attorneys in the Twenty-ninth Judicial Cir- cuit, the presiding judge and all the county officers. A copy was filed with the clerk of the court and an engrossed copy presented to the subject. September 26, 1896, he formed a partnership with William P. Belden, a recent graduate of Cornell University. Mr. Walbridge was married Feb- ruary 11, 1880, to Miss Mary Topping, daughter of Dr. G. W. Topping, of Dewitt, one of the prominent physicians of the State. Dr. Topping was president of the Clinton county Medical Society at different times, has been secretary and treasurer of the State Medical Society, of which he was president in 1883. He was a delegate to the American Medical Association several times, was an active member of the Detroit Medical and Library Association, a prominent Mason and a writer of some note; gave much attention to ornithology and entomology, and possessed one of the largest collections of birds and insects in the country. He died January 14, 1895. Mrs. Walbridge was educated at Hillsdale College. They have one daughter, Zoe, and are a happy family. Mr. and Mrs. Walbridge are both members of the Park Congregational church of Grand Rapids. Mr. Wal- bridge is a gentleman in every respect, entirely trustworthy, painstaking and industrious. His legal ability is of a high order and he is a courteous and companionable man. He is true to his clients and diligent in their interests. He comes from a stock that cannot be " bought, bluffed or choked off." He was counsel for the plaintiff in a recent important case


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of E. E. Barrett vs. Grand Rapids Vencer Works, whose trial in the Circuit Court occupied twenty days. It was an action brought by the plaintiff to recover damages and future profits for breach of a lumber contract. Upon the first trial the presiding judge took the case from the jury upon the theory that the damages were too speculative and uncertain, and instructed them to find for the defendant, for no cause of action. Counsel for plain- tiff carried the case to the Supreme Court, secured a reversal and order for a new trial. The second trial which closed November 11, 1896, resulted in a verdict for the plaintiff, assessing his damages at $6, 198.40 with costs.


WILLARD F. KEENEY, Grand Rapids. Willard F. Keeney, of the firm of Butterfield and Keeney, was descended from the yeomanry. Both of his grandfathers were farmers. His paternal grandfather and grand- mother were natives of New York State, the former of Columbia and the latter of Genesee county. His maternal grandfather was born in Oneida county, New York, and his maternal grandmother was a native of Lanca- shire, England. His father, Daniel Keeney, a native of Canada, born at Dumfries, Ontario, came to Michigan with his parents at the age of six. His mother, Rhoda White, a native of Oneida county, New York, came to Michigan with her parents at the age of eight. In this State the parents of our subject were reared, educated and married. They removed to Illinois, where Mr. Daniel Keeney spent several years in the retail lumber trade and then returned to Michigan. He is now a resident of California. Willard F. Keeney was born at Arcola, Illinois, January 25, 1862, and came with his parents to Michigan when he was two and a half years old. He has lived in Kent county ever since that time. His education was received in the Grand Rapids public schools, and he was graduated from the high school in 1879. Immediately after that he entered the Literary Department of the University of Michigan, but in consequence of the failure of his sight, occasioned by over-study, was compelled to leave before completing his course. As soon as he was able to resume his studies he returned to the University and spent one year in the Law Department. In 1882 he returned to Grand Rapids and entered the law office of Hon. R. W. Butterfield as a student. In 1883, at the age of twenty-one, he was admitted to the Bar at Grand Rapids, and, January 1, 1887, he had made such progress in the law as to be admitted to partner- ship with Mr. Butterfield. This was before he had reached the age of twenty-five years. The firm has continued unchanged until the present time. Mr. Keeney has practised in the various courts of the State, the Federal courts of Michigan, and the Supreme Court of the United States. Among the cases he has conducted which have excited public attention is one decided in favor of his client by the Supreme Court of the United States. It is entitled Grand Rapids and Indiana Railroad Company vs. Butler and is


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reported in 159 U. S. 87. It involved a question of riparian rights. In this case the bank of Grand river was surveyed in 1831 and there was no express reservation at the time of an island in Grand river opposite the main land. The island was not surveyed at this time, although lines were drawn on the plat indicating the place where the island lay. The land upon the shore was patented. Subsequently the island was surveyed by the United States and a patent to the island was granted by the United States to the railroad company. The land became quite valuable, being near the center of the city of Grand Rapids. Mr. Keeney represented the riparian proprietor, and the court held with him that the patent to the railroad company was void and that the island belonged to the riparian proprietor. Mr. Keeney is engaged in general practice, but the business which has fallen to his lot has related largely to corporate and commercial affairs and estates. In politics he is a Republican. He has never held public position, nor been an aspirant for political preferment ; but has con- fined himself closely to the duties or his profession. Ile is a bachelor.


HENRY E. WALBRIDGE, St. Johns. Henry E. Walbridge is one of the strong, capable and successful lawyers of central Michigan. His char- acter as a man and his standing at the Bar make it entirely appropriate that a sketch of his life should appear in a publication dedicated to the profes- sion of which he is an honorable member. It will be interesting to inves- tigate the sources of his influence and discover the hidings of his power. The brief story of his genealogy discloses the probability of hereditary traits and inherited abilities and tendencies. . His parents were born natives of Vermont, and possessed the best attributes of the New England type- valor and probity, industry and thrift, integrity and perseverance. His father, Captain Henry Walbridge, is accounted for in his personal sketch. His mother was Zilphia Allen, a daughter of Ethan Allen of Vermont, and a collateral descendant of Gen. Ethan Allen, the hero of Ticonderoga. Henry E. Walbridge is the eldest of the three surviving children born to his parents, the others being Edward L., attorney at law, Grand Rapids, and Mrs. Ella DeMay of Jackson, Michigan. He was born in Glover, Vermont, March 31, 1850, and brought to Michigan by his parents two years afterwards. His early childhood was spent in Saline, and he was six years old when the family removed to St. Johns. Here he attended the Union Schools and the St. Johns high school, in which he was prepared for college. When only seventeen years of age he entered Olivet College, where he took the scientific course. On leaving college he studied law in the office and under the instruction of his father, and was peculiarly favored in having for a teacher a man so interested in his success, and one who understood his mental capacity and disposition. The next week after attaining his majority he was admitted to practice and to a partnership


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with his father. This relation was continued until the retirement of his father, and in 1890 he formed a partnership with Gen. O. 1 .. Spaulding. At the end of two years this relation was dissolved, and after practising alone until May, 1893, he became associated in a partnership with J. 11. Fedewa, which is still in existence. The first case with which Mr. Wal- bridge was connected in the Supreme Court was of prime importance and established a precedent. He represented the defendant in the suit of Eunice E. Vought (by her next friend) vs. George D. Frost (by his guar- dian). Hon. Randolph Strickland was counsel for plaintiff. The question involved was whether or not under the Michigan statutes a man over eighteen and under twenty-one years of age was liable for damages on account of breach of promise, or contract of marriage. The Circuit Court held that such liability existed and the verdict therein was in favor of the plaintiff. The Supreme Court, after a full hearing and review of the case, reversed the Circuit Court and established the law of Michigan. Mr. Wal- bridge has had numerous important cases in the Supreme Court, and during later years has won almost every such case by the carefulness and thorough- ness of his preparation, the lucidity and strength of his argument. llc inherited an unmistakable tendency or inclination to the law, without which it is difficult for any man, however learned and industrious he may be, to achieve the full measure of success. He is fortunate also in having early formed the habits of a student. He has been able to summon all of his abilities and command them in the investigation of important or intricate questions, devoting himself to the work with a persistency which cannot fail. He has what is aptly termed a cultivated common sense. He is not capricious; there is no vacillation in his course, He is therefore capable of maintaining himself among the men who form the front rank in profes- sional progress. In 1872 he was elected Circuit Court Commissioner and held the office six years. His practice takes him into the courts of Clinton, Shiawassee, Saginaw, Ingham, Gratiot, Kent, Ionia and Montcalm coun- ties. He is local attorney for the D. G. HI. & M. railway. Mr. Walbridge has no fondness for political office, preferring the work and rewards of his profession. He is a very enthusiastic Republican and participates actively in all political campaigns, both in public meetings and at the polls. He is frequently chosen as delegate to party conventions. He has two estimable daughters who live with him at home. He is especially courteous in his bearing toward strangers and impresses favorably all who meet him in social contact. His sterling qualities of character no less than his lawyerlike abilities commend him to the profession and the public. He has won an enviable reputation as a skillful examiner of witnesses and a successful advocate before juries.


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THOMAS F. McGARRY, Grand Rapids. Mr. McGarry was born in Ada, Kent county, Michigan, December 25, 1859; received a common school education ; taught school; also taught night school, mathematics and pen- manship. He became station agent of railroad, and construction contractor. He was admitted to the Bar April 13, 1880; January 1, 1881, became a member of the firm of Mitchell, Bell & McGarry of Ionia, Michigan; was city attorney three terms, and mayor of Ionia, one term; was attorney for the D. L. & N. and C. S. & C. railroads. In 1884 he married Miss Nettie Belding, of Cincinnati, Ohio, daughter of D. W. Belding, vice- president of the silk firm of Belding Bros. & Co. In 1890 he moved to Grand Rapids, and became associated successively with the Ions. M. II. Ford, William F. MeKnight, Allen B. Morse and J. Byron Judkins. January 1, 1895, he formed a partnership with George E. Nichols of Ionia. This firm conducts business both at Ionia and Grand Rapids, under the name of McGarry & Nichols, and has a large practice.




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