Bench and bar of Michigan : a volume of history and biography, Part 6

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 6


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



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THOMAS J. O'BRIEN, Grand Rapids. Mr. O'Brien was born in Jack- son, Michigan, July 30, 1842. His father, Timothy O'Brien, was a native of Dunmanway, County Cork, Ireland, who early in life went to London where he married Elizabeth Lander, of Tipperary, Ireland, and they moved to Jackson, Michigan, in 1837. He passed his boyhood on his father's farm, but at seventeen he left home in quest of an education. After a course at the high school in Marshall, and preparation as a student in the law office of J. C. Fitz Gerald, he entered the University Law School at Ann Arbor, where he was admitted to the Bar in 1864. . He then returned to Marshall, forming with his former preceptor the firm of Fitz Gerald & ()'Brien, which continued until he was invited by D. Darwin Hughes to remove to Grand Rapids. The firm of Hughes & O'Brien was formed in 1871, and this firm, and that of Hughes, O'Brien & Smiley continued until just before the death of Mr. Hughes in 1883. The firm was engaged in nearly every important case in Western Michigan during its existence, as a glance at the cases reported in the reports of the Michigan Supreme Court, the United States Circuit Court, and the United States Supreme Court will show. Mr. Hughes was the general counsel and Mr. O'Brien the assistant general counsel of the Grand Rapids and Indiana Railroad Company ; but in addition to the legal work of this company, their practice covered every department of the law, and the firm was conceded to be one of the strongest in the State. The work of Mr. O'Brien was largely that of counsellor and, although he often took an active part in the trial of causes, his judgment in directing clients out of their difficulties and manag- ing their affairs so that they avoided the entanglements of the law was most valuable. In those causes where he did not appear in court his thoughtful and thorough preparation of both the law and the facts was an apparent and important factor in the firm's success. When Mr. Hughes died Mr. O'Brien succeeded him as general counsel of the Grand Rapids and Indiana Railroad Company, which position he still holds. The duties of this posi- tion, however, have never taken him out of the general practice, and he tries, especially in the appellate courts, many of the most important cases arising in the Western part of the State. Mr. O'Brien has had many tempting offers to leave the general practice of the law, but no pecuniary emoluments could attract him from his first ambition, to live the life of an active and studious lawyer. He has never sought public office, and although he was nominated for Justice of the Supreme Court in 1883, it was done without solicitation on his part, and the defeat of the Repub- lican ticket that year kept him in the ranks of his profession, where he prefers to be. Ile was sent to St. Louis in 1896 as a delegate-at-large to the National Republican Convention, and was a member of the Committee to notify Mr. Mckinley of his nomination. He is President of the Antrim Iron Company and of the Grand Rapids Law Library, and a director of the National City Bank, the Kent County Savings Bank, the Grand


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Rapids Gas Light Company, the Alabastine Company, and the Mackinac Hotel Company, and Receiver of the Grand Rapids Hydraulic Company. All of Mr. O'Brien's acquaintances are his friends and well wishers, as his genial and open manner attracts every one to him. His wife, whom he married after his removal to Grand Rapids, is the daughter of the late William Alanson Howard, a native of Vermont, who was a man of high character and a lawyer of great ability: He served six years in Congress and was one of the noteworthy members of the house. Mr. ()'Brien attends the Episcopal Church and is highly esteemed in the community where he has lived for the past twenty-five years.


GEORGE E. NICHOLS, Ionia. Mr. Nichols was born in Eaton county, Michigan, August 8, 1861, on the farm which has been the family home for more than sixty years. His parents are still living on the farm. Both of them are of English descent and both were born in the State of New York, his father, George W. Nichols, in 1822, his mother, Sarah Preston, in 1829. His father came to Michigan at the age of eleven and settled in Eaton county, was bred a farmer, has always been a farmer and for half a century has garnered the crops from his own farm. George attended the district schools until he was sixteen ; after that a private academy or select school at Grand Ledge, four years. He took up the study of law at twenty with A. A. Ellis, in Ionia; was admitted to the Bar in 1883 after examina- tion, by Judge V. H. Smith. He first opened an office for practice at Grand Ledge, where he remained eighteen months. Receiving an appoint- ment of deputy prosecuting attorney at that time he removed to Ionia, . which has remained his home continuously. From 1886 to 1892 he was associated in partnership with Judge F. D. M. Davis until the latter was elected Judge of the Circuit Court. He was associated as a partner with A. A. Ellis during the latter's second term as attorney general of the State. In January 1895 he formed a partnership with T. F. McGarry, of Grand Rapids, under the style of McGarry & Nichols, retaining at the same time his office in lonia. The firm has offices both in Grand Rapids and Ionia and engages in general practice throughout that section of the State. Mr. Nichols gives special attention to the trial of causes and has had large experience in that line of practice. He is recognized by the profession as a skillful jury lawyer having been very successful in obtaining verdicts for his clients. He has also been engaged in numerous important cases before the Supreme Court, among which is the well known case against Warden Parsell of the State House of Correction at Ionia. The controversy arose over Parsell's right to retain the office of Warden after his party had gone out of power, and although the entire State adminis- tration was against Parsell and had the assistance of the best legal talent in the State, yet, Mr. Nichols, as counsel for Parsell, kept the Warden and


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his followers in power for months, and his skillful management of the matter received flattering comment even from those who opposed him most bitterly. It is probable that the engaging manners and popular traits in the character of Mr. Nichols have given him a larger acquaintance than most lawyers of his age. This general acquaintance has contributed much to the building up of the large business which his firm now controls. His direct and straightforward methods of business commend themselves to clients so that what is secured by other means is held by fidelity and prompt attention. He has made rapid progress in the profession and at the age of thirty-five holds a position which many lawyers are unable to attain in a quarter of a century of hard work. Such a position is not attained and held without industry in the management of business and close application to the study of cases as well as the general study of law. He is a Repub- lican in politics, but has never been an office-holder. He is not without ambition, but thus far his aspirations have been toward honor and fame in his profession rather than in the lower plane of modern partisan politics. Mr. Nichols was married in 1888 to Harriet Kennedy, of Ionia. They have one son, five years old.


ARTHUR R. ROOD, Grand Rapids. Arthur Raymond Rood is of English extraction. Ilis mother, Ann Eliza Clark, was born in Michigan, although both of her parents were natives of the north of England. His father, Henry C. Rood, was born in Vermont and descended from ances- tors who emigrated from England and settled in Vermont before the Ameri- can Revolution. Henry C. Rood was brought to Michigan by his parents when only six years of age, and became one of the pioneer farmers of Lapeer county. He is living in Lapeer at the present time. Arthur Ray- mond was born at Lapeer September 27, 1858. He worked on his father's farm in youth and attended the district school in season until thirteen years old. He then entered the high school at Lapeer, finished its course and was graduated in 1876. In the autumn of the same year he matriculated at the University of Michigan and pursued the studies of the Literary Department continuously for three years. He had by this time found it necessary to earn the money for his own personal expenses, and after teach- ing for one year he returned to the University, completed the Latin scien- tific course and was graduated in 1881 with the degree of Ph. B., and at the same time the Master's degree was conferred on him for extra work done during the course. For the first year after his graduation he was superin- tendent of the public schools at Saline. The vacations and all of the hours that could be spared from his duties as teacher were occupied with the study of law, and his proficiency was such that he was admitted to the Bar in the fall of 1882. About the same time he was admitted to the senior class of the Law Department of the University of Michigan, as his pre-


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liminary studies were accepted as the equivalent of the first year's course of study; so that he was able to graduate with his class in the spring of 1883 and receive the degree, Bachelor of Laws. Immediately after gradua- tion he located at Grand Rapids and spent a short time in the law office of Hughes & Smiley. This was followed by a brief period in the office of Fred A. Maynard, and a year with Turner & Carroll. He then opened an office for himself, through the substantial assistance of Mr. Charles C. Rood, and practised alone until January, 1893, when he formed a partner- ship with Mr. Will E. Ryan. The firm of Rood & Ryan continues to do business. His practice is general, although his preference is for commer- cial law. Mr. Rood is a Republican, not only in belief, but in the support of his belief. He was chairman of the Republican City Committee in the campaign of 1896. He has never at any time held political office. He has been a Mason since 1886, and is not only proficient in Ancient Craft Masonry, but has advanced to the Thirty-second degree, and is a member of DeWitt Clinton Consistory of Grand Rapids. He is also a member of the Mystic Shrine. He is a man of active temperament and energetic, has traveled somewhat and is unmarried.


HENRY F. SEVERENS, Kalamazoo. Hon. Henry F. Severens, U. S. District Judge for the Western District of Michigan, was born in Rocking- ham, Vermont, May 11, 1835. He is descended in direct line from Ser- geant Hinman, the eminent lawyer who defended Charles I of England. Hle attended the district school three months in a year until he was fifteen, working nine months on the farm of his father, while he prepared himself to enter Middlebury College. His father being unable to assist him at college he economized and taught school. Making good use of his time he was graduated with high honors in 1857. He began the study of law in the office of Henry E. Stoughton, U. S. district attorney for Vermont. Two years afterwards he was admitted to the Bar of Windham county by Judge Isaac Redfield, author of "Redfield on Wills," and other legal works. In 1860 Mr. Severens went to Michigan and settled at Three Rivers. Here he soon built up a good practice and was elected prosecu- ting attorney of St. Joseph county. He removed to Kalamazoo in Febru- ary, 1865, and entered into a law partnership with ex-U. S. Senator Charles E. Stuart and John M. Edwards, which continued for two years. In 1866 he was nominated for Congress by the Democrats of the Fourth Dis- trict, in opposition to Hon. Charles Upson, Republican, but was defeated, although he made a good run in a strong Republican district. He was also an unsuccessful candidate for the State Senate, and in 1877 he was a candidate for the Supreme Court of Michigan against Thomas M. Cooley. As a lawyer Judge Severens ranked among the first at the Supreme Court Bar, where his practice was large and lucrative. There is scarcely a


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volume of the Michigan reports which does not contain important cases argued by him. He is a forcible speaker on the hustings and a close reasoner in the courts. He is personally popular and universally esteemed as a good citizen. The foregoing is copied from Frank Leslie's Newspaper, in which it was published June 26, 1886, upon the nomination of Judge Severens to his present position. About the same time the Detroit Journal com- mented upon his appointment as follows: "The appointment is unexcep- tionable indeed. Mr. Severens is a lawyer of ripe experience, a jurist of high attainments, a man of mature years and physical vigor, and a citizen who possesses the respect and admiration of those who know him. To succeed such a judge as the late Solomon L. Withey, Judge Severens appears to be eminently fitted." He was appointed to the judgeship by President Cleveland in the spring of 1886, to fill the vacancy occasioned by the death of Judge Withey. He has since been occupied with the duties of his office. For a considerable portion of the time during the last five years he has been employed as a member of the United States Circuit Court of Appeals for the Sixth Circuit, for which he has been selected by Judges Taft and Lurton. He makes a valuable associate member of that court and has written many of its published opinions. He has also been frequently called upon to preside in the Circuit and Districts Courts of the United States in the circuit comprising the States of Michigan, Ohio, Ken- tucky and Tennessee. He is regarded as the ideal type of a presiding judge for the Federal courts. Dignified in manner, yet courteous to all attorneys who appear before him, he commands the respect and esteem of the Bar and all others with whom he comes in contact. Off the Bench his manner is affable and deportment agreeable to all. He is a brilliant con- versationalist and fond of whist for recreation. He is a gentleman whom it is a pleasure to know and whose friendship may be esteemed as an honor. He takes great interest during vacations in superintending the reclamation of a large tract of low land in Allegan county, which he is developing and improving. He was married in July, 1858, to Miss Rhoda Ranney, of Westminster, Vermont, who belonged to an old New England family. She died in 1862, leaving no children. December 1, 1863, he was married to Mrs. Sarah Clarissa Ryan, formerly of Union Springs, New York, who is still living. They have two daughters, who have been reared and educated with care. Miss Mabel is a graduate of Smith Col- lege, Northampton, Massachusetts, and Carrie a graduate of Akeley Insti- tute, Grand Haven, Michigan. Judge Severens began life as a child under the stern rule and exacting discipline prevalent in New England; a sort of training to which may be attributed in some degree his character- istic traits of devotion to duty and persistent energy in accomplishing the purposes of his life. He has threaded the mazes of political discussion in campaigns abounding in calumny and borne a stainless shield. He has worn the ermine ten years and preserved its spotless purity. He is for- tunate in the possession of a sound system of morals and nice sense of


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right and wrong, without which neither the learning of the schools nor successful practice at the Bar will serve to make a great judge, or even a safe one. He is gifted with the urbanity which Bacon says is chief among the decorations of life.


VERNON JI. SMITH, Ionia. Ex-Judge Smith is the son of Ansel and Phoebe Cross Smith, both natives of New York. His father was of English descent, born in 1792 and served in the War of 1812. His parents were married in 1815. About the year 1830 they removed to Canada where they lived until 1861, and then removed to Ionia county, Michigan, mak- ing their home on a farm where they both died. Vernon HI. Smith was born December 29, 1838, in Canada. He came to Michigan at the age of nineteen; three years before his parents settled there. Ilis scholastic education was obtained wholly in the common schools of Canada. After coming to Michigan he was employed as clerk in a store for two years, then as deputy in the office of recorder of deeds for two years, and engaged in farming for three years. In 1866 he was elected register of deeds of Ionia county for a term of two years and re-elected in 1868. In the mean time he was engaged in the study of law, which was continued for two years before his admission to the Bar, in August, 1872, by Judge Lovell. He formed a partnership immediately after his admission with Lemuel Clute, which was maintained for three years. In 1874 he was elected Circuit Court Commissioner. In 1875 and '76 he served as deputy county clerk. January 1, 1877, he formed a partnership with Henry C. Sessions under the style of Smith & Sessions, which was continued a little more than four years. In 1881 he was elected judge of the Circuit Court for the Eighth Judicial Circuit, comprising the counties of Clinton, Ionia and Montcalm. This office he held continuously for twelve years, his last term ending Jan- uary 1, 1894, On retiring from the bench he resumed the practice of law, in which he has engaged without interruption and to which he is heartily devoted. Politically Judge Smith was a Republican until 1872, when he left the party. Since that time he has been in the ranks of the Democratic party. He was married in 1865 to Miss Lizzie E. Wright of Ionia, who died in April of the following year. In January, 1869, he was married to Miss Rachel Worthington of Ionia and their family consists of three boys and one girl. The oldest son, Hal H., following the footsteps of his father, takes to the law. He was graduated from the Classical Department of the University of Michigan and afterwards spent one year in the Law School of the University. He is now in the law office of his father, reading and studying under his instructions. The second son, Arthur M., is a student in the University of Michigan. Lawrence, who is fourteen years of age, is a member of the lonia high school. The daughter, Jessie, at the age of twelve, is in the public school. Judge Smith was obliged to make


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his own way from boyhood. Having been trained to respect truth and righteousness and to practise whatsoever things make for honesty and integrity he builded a character for himself that is strong and above reproach. He became self-reliant at an early age which aided him in being reliable in his professions and relations to others. In his studies he aimed to master the principles of the law, so that afterwards the construction of statutes and their application to given causes were comparatively easy. He is a fluent speaker, ready because of his thorough understanding of the subject on which he discourses. He is clear in statement, able and for- cible in the presentation of his subject ; plain, concise and perspicuous in argument. In all respects he is an able lawyer. His service as judge was entirely successful in the disposition of business and entirely honorable to himself. His integrity, always unimpeachable, was fortified by a judicial temperament. Ile had the perfect confidence of the Bar. There never was a doubt of the rectitude of his purpose or the shadow of a suspicion that he could be otherwise than just. His intentions were never questioned, his motives never impugned and his rulings will compare favorably with those of any Circuit Judge in Michigan. As a citizen he is public-spirited, generous and popular wherever he is personally known. In his home are the evidences of culture as well as kindness. His virtues as husband and father commend him no less than his uprightness as a judge.


ALEXANDER F. BELL, late of Ionia. Mr. Bell was born in Charlton, Saratoga county, New York, August 5, 1812, and inherited from his parents, James and Anna Bell, many of the best traits of Scottish char- acter. He was given the best training that the times afforded, and was graduated from Union College in 1836, As soon as he had finished his college course he came west and settled in Michigan, where a friend of his, Adam L. Roof, was already engaged in practising law at Lyons. Here Mr. Bell read and studied under the direction of his friend, and was admitted to the Bar in 1840. Ile opened an office in Ionia and at once entered upon a very good practice. His home was in Ionia until the day of his death, though he was absent for brief periods in Detroit and Grand Rapids. It was the time of young men in the State, and Mr. Bell's exceptional ability was quickly perceived and utilized for public purposes. In 1846 he was a member of the General Assembly, and in 1853 he was appointed register of the land office at Ionia. He was a strong man in the General Assembly and left his impress upon the organic law of the State. He was a good surveyor and his services were in much demand in that capacity for some time. In 1850 the firm of Bell & Blanchard was formed and continued for many years. Mr. Bell quickly became one of the lead- ing spirits of central Michigan. He appeared before the courts in many difficult cases and was much esteemed by all who associated with him.


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Judge Whipple, at one time a member of the Supreme Court, said of him: "He has one of the best legal minds in the State. In the discussion of questions, and in the preparation of cases for trial he has few equals. Before a jury he underrates his own powers. But in the discussion of cases before the court he has more confidence and performs his part with remarkable clearness and ability." Such worth and efficiency tempered by a native modesty, attracted the admiration of the community. He became an active and busy man who was much sought after by commer- cial interests. He did criminal business, but gladly turned from it to civil practice, and in certain lines of that great department of jurisprudence was almost without a peer. Ile shaped railroad legislation very largely to his own liking and was recognized as authority in municipal and corporation law. He illustrates the large success in his professional career that comes to a natural genius for law and has received the training of the schools, reinforced by constant reading and deep study. He was a hard worker, and put his best into every labor of head or hand. He had the genius of patience and persistence. Mr. Bell was public spirited and deeply inter- ested in every movement that looked towards the public good. Churches, schools and reformatory institutions found in him a warm friend, and he was quite as ready to help on the construction of railroads, the erection of better public buildings, and the establishment of factories. He was mainly identified with the Democratic party, but placed patriotic considerations above party loyalty, and was an independent, public-spirited citizen. Personally he was a man of strongly-marked individuality. His friend- ships and antipathies were both pronounced. He spoke what was in his heart and his very frankness and sincerity won friends. His presence was impressive. He was of average height, stoutly built, clear cut features and a most expressive mouth. He had an incisive wit and a judgment that often seemed intuitive. So earnest a personality naturally led, and he became one of the leading spirits of central Michigan. It is difficult to study the early annals of the State without running across his name in the records of many an important interest and undertaking. His career, covering more than half a century of the most critical period of the west, was rich in scenes and incidents that would fitly form a part of a more pretentious history, but can hardly be suggested in the limits of these pages. It would be difficult to find a public career so open to observation, and less deserving of severe censure. He lived open and square with the world and left the reputation of an honest man and an upright citizen, and as such will long be remembered. In September, 1839, he was married to Miss Elizabeth Boyer, of Portland, and found in her a companion in every way worthy. She was a woman of many gifts and graces, and was herself an important member of the community. They were the parents of seven children, of whom two, are now living. Mr. Bell was stricken with paralysis in 1893, and lingered a hopeless invalid until March 12, 1896, when he passed away in his eighty-fourth year. At a meeting of the Ionia


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county Bar his career was fitly commemorated and resolutions of respect and sympathy adopted. A large portrait of him was secured and hung on the walls of the court room that has so often re-echoed his impassioned pleadings ; and the new generation of lawyers stand and look upon it, and say "There were giants in those days."




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