USA > Michigan > Kent County > Grand Rapids > Grand Rapids and Kent County, Michigan: History and Account of Their Progress from First. Vol. I > Part 58
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 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73
CIRCUIT COURT.
In 1825 circuit courts were established by name, but were still held by the judges of the supreme court. The circuit court was given original jurisdiction in all civil actions at law where the demand ex- ceeded $1,000, of actions of ejectment, of all criminal cases punished capitally, and of all cases not exclusively cognizable by other courts,
Hosted by Google
444
HISTORY OF KENT COUNTY, MICHIGAN
concurrent jurisdiction with county courts in civil actions beyond the jurisdiction of justices of the peace, and of criminal offenses not pun- ishable capitally, and appellate jurisdiction from county courts. In 1833 the county courts in all the counties of the Territory east of Lake Michigan, except Wayne, were abolished, and their places sup- plied by "the circuit court of the Territory of Michigan." It con- sisted of one circuit judge for the entire circuit, and two associate judges for each county. The circuit judge was appointed for four years and the associate judges for three. The court had both chancery and common law jurisdiction and was given original jurisdiction of civil cases at law and crimes not within the jurisdiction of a justice of the peace and appellate jurisdiction of such as were. It might also determine questions of law arising on motions for new trial or in ar- rest of judgment. The circuit courts already existing were now called superior circuit courts, and were empowered to issue writs of error to the circuit courts. By act approved March 26, 1836, the State was divided into three circuits, and judges of the supreme court were to perform the duties of circuit judges. These courts were given the same powers and jurisdiction as the territorial circuit courts under the act of 1833, except in chancery matters. By the re- vision of 1846, the court of chancery was abolished and chancery powers conferred upon the several circuit courts. Since then the ju- risdiction of circuit courts has been essentially as at present. The constitution of 1850 made the office of circuit judge elective, and the term of office six years. By an act of April 8, 1851, the State was apportioned into eight circuits, the Eighth being composed of the counties of Barry, Kent, Ottawa, Ionia, Clinton, and Montcalm. The Eighth circuit remained unchanged until 1858, when Ottawa County was detached and together with Allegan, Newaygo, Oceana, Mason, Manistee, Manitou, Grand Traverse, and several unorganized coun- ties was made to form the Ninth district. The counties of Barry, Kent, Ionia, Clinton, and Montcalm remained together as the Eighth circuit from that time until, by Act No. 43, of the Public Acts of 1871, Kent and Barry Counties were constituted a new circuit, denominated the Seventeenth. By an act of the Legislature of 1889, a second cir- cuit judge was provided for the county, and at its 1913 session the Legislature provided a third judge.
Kent County was organized but a short time before the estab- lishment of the State government, when equity and common law ju- risdiction were separated and vested in distinct courts. The ludi- crous side of judicial life was illustrated by the system of associate judges. This plan, which went in vogue in 1836, provided that two citizens act as associate judges - theoretically supporting the legal subtleties of the president judge with their native shrewdness and knowledge of human nature-and until 1846 this plan was continu- ously in operation. Judge Thomas M. Cooley commented upon this judicial arrangement in an address. In speaking of the associate judges he said : "Generally they were what may justly be called solid and weighty men. Their duty was to do nothing, and they did it faithfully, and though they sometimes slept on their posts, yet sleep- ing or waking they performed the duty equally well. Of how very few public officers can we truthfully say this. They were a harmo-
Hosted by Google
445
COURTS AND LAWYERS
nious element in the court, and never disturbed the business by inter- meddling. Excellent as they were, it would be ungracious to say we want no more of side judges, and we forbear."
From 1836 to 1852 the following judges visited and held court on the circuit bench of Kent County, being entitled thereto ex officio from their position on the supreme bench. Epaphroditus Ransom, Charles W. Whipple, Edward Mundy, and George Martin, the last named being the first resident lawyer of Kent County to reach the dignity of circuit judge.
Judge George Martin was born at Middlebury, Vt., June 30, 1815. When scarcely out of his boyhood he entered Middlebury College, and was graduated there, the youngest of his class, in 1833, at eight- een years of age. He then began the study of law, the first year in the office of his uncle, Harvey Bell, of Montpelier, whom Chancellor Kent considered one of the ablest jurists of his day in New England, and afterward with the lawyer-noveltist, Daniel P. Thompson, of the same place, author of "May Martin, or the Money Diggers," "The Green Mountain Boys," and several other novels. In September, 1836, Young Martin came to Grand Rapids, where he settled for the practice of his profession and resided during the rest of his life. In 1849 he was elected county judge, and in 1851 was chosen circuit judge, in which capacity he was, under the then prevailing system, a member of the supreme court. When the present organization of the State Supreme Court was established, Judge Martin was elected, in 1857, its first chief justice, in which position he continued to preside over that court until his death, which occurred at Detroit, Dec. 15, 1867.
Judge Martin was succeeded as judge of the Eighth circuit by Louis S. Lovell, who served from January, 1858, to January, 1870, being elected to a second term. Birney Hoyt was then elected in the new Seventeenth district (Kent and Barry Counties), and also served two terms, or until 1882, when Robert M. Montgomery was chosen, and the latter was succeeded in 1888 by William E. Grove. By an act of the Legislature, as before stated, in 1889, a second circuit judge was provided for Kent County, and Marsden C. Burch was appointed to the position, to hold the office until Dec. 31, 1893. In the Novem- ber election, 1890, Allen C. Adsit was a candidate on the Democratic ticket for the office. It was claimed by the Democrats that the ap- pointment of Judge Burch was invalid after a general election, while it was claimed by the Republicans that the appointment was legal, and no nomination was made. On Feb. 5, 1891, it was decided by the supreme court that the Democratic contention was right. Judge Burch at once abdicated the office and Judge Adsit took his place, which he held until Jan. 1, 1900. At the Spring election of 1899 Alfred Wolcott and Willis B. Perkins were elected circuit judges. They were re- elected in 1905, but on March 8, 1908, Judge Wolcott died and John S. McDonald was appointed to succeed him. At the Spring election of 1911 Judges McDonald and Perkins were chosen to succeed them- selves, and in November, 1912, William B. Brown was elected as the third judge for Kent County, in accordance with Act No. 179, passed by the 1911 Legislature. At the Spring election of 1917, Judges Brown, Perkins, and McDonald were re-elected and are the present incumbents.
Hosted by
446
HISTORY OF KENT COUNTY, MICHIGAN
PROBATE COURT.
In 1818 the Territorial legislative body provided for a court of probate to be established in each county, the office to be held by some "able and learned person," appointed by the Governor, from which court appeal might be taken to the supreme court. These courts con- tinued in operation until after Michigan had become a State. The revised statute of 1838 made the office of judge of probate elective, for a term of four years. In different cases appeals were allowed to the circuit, or to the supreme court. The revision of 1846 provided for direct appeals to the circuit court only. The constitution of 1850 provided for a probate court in each organized county, the judge of which was to be elected for a term of four years. The new constitu- tion of 1909 gives probate courts original jurisdiction in all cases of juvenile delinquents and dependents.
The office of probate judge is peculiarly local and intimately as- sociated with the affairs of all the people, and it has been filled in Kent County by some of her best citizens. In fact, it may be said that the county has been singularly fortunate in the selection of its pro- bate judges, included in the list being able lawyers, and those who have filled the position have been generally pure-minded men, giv- ing character and dignity to the court, and reflecting honor upon the county and themselves.
The first judge of the probate court of Kent County was the Hon. Jefferson Morrison, of Grand Rapids. He was appointed by Gov. Stevens T. Mason, soon after the organization of the county, in 1836. Judge Morrison was one of the small band of pioneers who came to Kent County in that same year. He was a man of great force of character and kindness of heart. Owing to the sparseness of the population, the business of the court could not have been so oner- ous as to interfere very seriously with his other avocations, and the records show but two cases the first year, one the second, three the third, and four the fourth. On Jan. 1, 1845, he was succeeded by Hon. James A. Davis, of Paris township, who held the office four years. Little is known regarding the life, character or career of Judge Davis, save what appears in the records of his own court, and these show him to have been a painstaking, careful official.
Hon. Solomon L. Withey succeeded to the office in January, 1849. Judge Withey was a lawyer of learning and ability, and was pos- sessed of that culture, refinement and kindness of heart which emi- nently fitted him for the discharge of the delicate and responsible trust. He had pursued his legal studies with A. D. Rathbone and Hon. George Martin, at that time two of the ablest lawyers in Michi- gan, and the latter of whom was afterward chief justice of the high- est court of the State. Judge Withey was admirably fitted for judge of the probate court in a new county, where he had few precedents to guide him. He came to Michigan with his father in 1836, set- tling in Grand Rapids, which even then had the promise of becoming the future great city of Western Michigan. He held various offices of trust and honor-probate judge, member of the State Legislature, member of the Constitutional Convention of 1867, and United States Judge for the Western District of Michigan. In all the relations of life he faithfully discharged whatever duty devolved upon him. He
Hosted by Google
447
COURTS AND LAWYERS
died at San Diego, Cal., April 25, 1886, having lived a useful and hon- ored life.
Hon. Robert P. Sinclair, who succeeded Judge Withey in the of- fice, brought to the discharge of its duties, not only talents of the highest order and a thorough knowledge of the law, but a kindness of heart which eminently fitted him for the position. Among the mem- bers of the bar of Kent County few have attained a more prominent position. Admitted at the age of twenty-nine, he commenced prac- tice in 1848 and soon gained prominence in his profession. In 1852 he was elected judge of probate and served four years. In 1866, he was appointed by Andrew Johnson to the position of Collector of In- ternal Revenue at Grand Rapids, but after serving until March 4, 1867, the Senate refused to confirm his appointment. That the people of the county appreciated his services as judge of probate is evi- denced by the fact that he was renominated on the Democratic ticket in 1856, and again in 1860; but he was unsuccessful, owing to the ac- cession to power of the Republican party.
In 1857 Judge Sinclair was succeeded by Hon. William A. Rob- inson, who held the office until 1865, when he was succeeded by Hon. Benjamin A. Harlan.
Judge Harlan was a good lawyer, and of a most genial and kindly nature. Sympathetic and generous, he brought to the discharge of the duties of the office qualities and qualifications rarely found com- bined in one man. Nearly all the people in the county personally knew and loved him, and their esteem was evidenced by three times electing him judge of probate of the county. He held the office from Jan. 1, 1865, until Jan. 1, 1877. He was succeeded by Cyrus E. Per- kins.
Judge Cyrus E. Perkins was born at Lawrence, Mass., Oct. 9, 1847, and died at the Blodgett Hospital in Grand Rapids, May 23, 1918. After coming to this city he attended the public schools and was graduated in the local high school in 1866. He studied law in the office of Judge B. A. Harlan and was admitted to the bar in 1884. In the meantime, however, he was elected judge of probate, in 1876, on the Republican ticket, and served eight years. At the end of his sec- ond term he was succeeded by Lyman D. Follett, who resigned May 30, 1887. Judge Perkins was then appointed by Governor Luce to fill the unexpired term, and at the election in 1888 he was again chosen to that office. He was elected to succeed himself, in 1892, rounding out eighteen years in the probate judgeship. Later, he entered a law partnership with L. W. Wolcott. Mr. Perkins was active in the man- agement of the New Era Association for a number of years and was president of the organization at the time of his death. At one time he was president of the Board of Education and also was identified with various business interests. He was president of the Grand Rapids Veneer works and a director of the Imperial Furniture Company and the Citizens' Telephone Company. He was also deeply interested in social welfare and charitable work and served in an official capacity in local organizations.
In 1896 Harry D. Jewell was elected to the position of probate judge, and was re-elected in 1900, 1904, and 1908, serving in all, six- teen years. He was succeeded in office by Clark E. Higbee, who was elected in 1912, re-elected in 1916, and is the prescent incumbent of the position.
Hosted by
448
HISTORY OF KENT COUNTY, MICHIGAN
PROSECUTING ATTORNEYS.
Following is a list of those who have held the office of prosecut- ing attorney in Kent County, with the year of their appointment or election, since the establishment of the State government, in 1837. In a number of cases the occupancy of this office has been the beginning of a distinguished career in the law: 1837, Hiram Osgood; 1842, Simeon M. Johnson ; 1843, Thomas B. Church ; 1846, Alfred D. Rath- bone; 1850, Edward E. Sargeant ; 1852, John T. Holmes ; 1856, E. S. Eggleston ; 1858, Stephen G. Champlin; 1860, Thaddeus Foote; 1862, E. G. D. Holden; 1866, Byron D. Ball; 1868, Andrew J. Reeves ; 1872, E. A. Burlingame; 1876, Stephen H. Ballard; 1878, Frank F. Kutts ; 1880, Fred A. Maynard ; 1882, Isaac M. Turner ; 1886, Samuel D. Clay ; 1888, William J. Stuart ; 1890, William F. McKnight; 1892, Alfred Wolcott ; 1894, Frank A. Rodgers; 1900, William B. Brown; 1906, John S. McDonald; 1908, William B. Brown; 1912, Earl F. Phelps ; 1914, Edward N. Barnard; 1916, Cornelius Hoffius, present incumbent.
Hiram Osgood was an early attorney of Kent County who set- tled in Grandville. He was appointed prosecuting attorney by Judge Ransom at the beginning of the first term of circuit court held in the county. He owned the Grandville plat and hoped and worked to make it a great city, but his hopes were doomed to disappointment. He died at Grandville in the early part of 1843.
Simeon M. Johnson had an agency for fire insurance as early as 1837. He was later a newspaper editor, a lawyer and politician, and about 1852 removed to Washington.
Thomas B. Church was born at Dighton, Bristol County, Massa- chusetts, Sept. 13, 1813. His early education was mostly by private tutorship, and this was followed by a classical course and gradua- tion in Trinity College at Hartford, Conn. He came to Michigan in 1838, and was engaged for a time in surveying and civil engineering. studied law at Marshall and also at Harvard College, was admitted to the bar in 1841, and in the Fall of 1842 came to Grand Rapids to reside. He was appointed by the Governor prosecuting attorney, and in that capacity conducted the first murder trial here, that of E. M. Miller, who was convicted, May 25, 1843, of the murder of an Indian woman near Muskegon, in December previous. He was a member of the State constitutional convention in 1850, and held several other representative positions of public trust and responsibility, which are chronicled in other parts of this history. He was the father of Frederick S. Church, the celebrated artist. He died in Grand Rap- ids, July 30, 1890.
Alfred D. Rathbone was born in Aurora, N. Y., Jan. 18, 1806. He was educated, studied law and was admitted to the bar in his na- tive State. At the age of thirty he came to Grand Rapids and opened a law office, in 1836, and continued a resident of the place until his death, April 5, 1856. He served as postmaster of Kent, the old village name of Grand Rapids. In 1846 he was appointed prosecuting at- torney of Kent County and held the office four years.
Edward E. Sargeant was for many years a business partner of Solomon L. Withey and John Ball. He was village attorney in 1848, and in 1850 helped to draft the new city charter. In 1850 he was
Hosted by Google
449
COURTS AND LAWYERS
elected prosecuting attorney, and in his term of office prosecuted the celebrated case of the People vs. Mills. In addition to his legal busi- ness, Sargeant also wrote editorials for the Grand Rapids Enquirer. He died in 1858, aged thirty-seven years.
John T. Holmes was born Dec. 11, 1815, at Carlisle, Schoharie County, New York. In early youth he attended the common schools in Niagara County and a select school in Cherry Valley. His par- ents hoped he would become a clergyman, but as he was not thus in- clined, he followed farm work and clerking in a store during the lat- ter part of his minority. In 1837 he came to Detroit, passed several months in the southern part of the State, and then came to Grand Rapids, arriving Feb. 14, 1838. Here he engaged at first as a clerk, but in 1839, with William G. Henry, he opened a general assortment store where now is the western part of the Morton House, under the firm name of Henry & Holmes. This continued about three years, and during the time he read law as he found opportunity, afterward pursuing that study in the office of Bridge & Calkins. On May 17, 1843, together with Solomon L. Withey and Sylvester Granger, he was admitted to the bar of the Kent circuit, Justice Epaphroditus Ran- som presiding, and they were the first students thus regularly admitted in this county. In 1845 Mr. Holmes was chosen justice of the peace, which office he resigned after serving three years. He was also for some years master in chancery, and held that office at the time when its duties were transferred to circuit court commissioners. In 1852 and again in 1854 he was elected prosecuting attorney for Kent County, serving in that office four years. In 1860 he was the Demo- cratic nominee for State senator, and in 1862 the candidate of the same party for attorney-general of the State, leading his associates upon the ticket, but in common with them was defeated. In 1875, when the Superior Court of Grand Rapids was established, he was elected judge of that tribunal and served the full term of six years. He was elected judge of the police court in April, 1882, receiving a majority of 1,713 out of a total of 6,735 votes. He was re-elected in 1886, and again in April, 1890, this time by a plurality of 2,215, and the largest vote ever given a candidate up to that time. He held the office until his death, June 16, 1891.
Ebenezer S. Eggleston was born at Batavia, N. Y., May 12, 1825. In 1837 he removed to Litchfield, Hillsdale County, Michigan. There he received a good education in the public schools, and afterward studied law. In 1851 he came to Grand Rapids, and here his name in connection with law practice became "familiar as household words." He was admitted to the bar in 1852, and quickly won a high reputation for ability in his profession, and ranked among leading lawyers of this part of Michigan. In 1856 he was elected prosecuting attorney for Kent County, and discharged the duties of that office zealously and ably. In 1861 he was appointed by President Lincoln consul to Cadiz, Spain, and served efficiently in that capacity during four years. In 1872 he was elected representative to the Legislature from the First district of Grand Rapids, and served during the ensu- ing session in the House, where he was an active member of the Judiciary Committee, and chairman of the Committee on Private Cor- porations. After that time he devoted his attention to his law practice until his death, which occurred Aug. 28, 1892.
I-29
Hosted by
450
HISTORY OF KENT COUNTY, MICHIGAN
Stephen G. Champlin was born at Kingston, Ulster County, New York, July 1, 1827. He was educated at the common schools and at the academy at Rhinebeck, N. Y. At the age of fifteen years he be- gan the study of medicine, and at eighteen commenced practice as a physician, soon acquiring an extensive practice in Ulster County, New York. At twenty-one years of age he gave that up, studied law, passed a creditable examination in the supreme court at Albany, was admitted to the bar at twenty-two, and began the practice of law at Richmond, Ulster County, New York. In 1853 he came to Grand Rapids and entered partnership with Lucius Patterson, then among the leading lawyers of Western Michigan. In 1856 he was elected judge of the Recorder's court of the city, and served two years. In 1858 he was elected prosecuting attorney for Kent County, and ably performed the duties of that office for one term. At the breaking out of the Civil War he enlisted, and on May 13, 1861, was commissioned major of the Third Michigan infantry. Soon after reaching the field the command of the regiment devolved upon him, and he was com- missioned colonel, Oct. 28, 1861. At Fair Oaks, Va., he was severely wounded, but was in the field again at the siege of Yorktown and at the battle of Williamsburg. On Nov. 29, 1862, he was promoted to brigadier general. He obtained leave of absence, came home to Grand Rapids, and sank to his death Jan. 24, 1864, one of the noblest of the Union army, and lamented by all who knew him.
Thaddeus Foote was born in Connecticut, April 27, 1821. He was graduated at Yale in the class of 1844, and was a frater of the famous Skull and Bones. He was graduated at the Harvard Law School in 1846, and practiced in Ohio for a time, coming to Grand Rapids about 1850. At the breaking out of the Civil War he enlisted in the service and became eventually major of the Sixth and colonel of the Tenth Michigan cavalry. He served one term as prosecuting attorney for Kent County and was pension agent in Grand Rapids after the close of the Civil War. He died Feb. 3, 1903.
Ebenezer G. D. Holden-(See chapter on Politics and Official Honors.)
Byron D. Ball-(See chapter on Politics and Official Honors.) Andrew J. Reeves was born at Ellicottville, Cattaraugus County, New York, Dec. 15, 1829. He obtained his education at Caryville Collegiate Institute, and afterward was a teacher there. He also taught at Elba, Oakfield, and Batavia, in Genesee County, until 1854. In 1855 he went to Burlington, Iowa, and operated a year in grain in connection with D. W. Irwin, later of the Board of Trade in Chicago. He then bought the Bucher House at Medina, Orleans County, New York, and a year later embarked in a commercial enterprise at Men- don, St. Joseph County, Michigan. In 1860 he went to Ann Arbor and attended the first year of the law school there, taking lectures two terms and graduating in 1861, and he was admitted to practice the same year. He returned to Mendon and remained there until May 16, 1864, and held the offices of justice of the peace and town clerk. He then came to Grand Rapids and entered the law office of Byron D. Ball, and the following year was with John W. Champlin. A year later the partnership of Ball & Reeves was established and continued until Mr. Reeves was elected prosecuting attorney for Kent County, in 1868, a position he held two terms.
Hosted by Google
451
COURTS AND LAWYERS
Edwin A. Burlingame was born in Sterling township, Windham County, Connecticut, in the year 1832. His education was obtained in the traditional "little red school house" of New England, in the in- tervals of farm work. The next four years of his life were spent in the cotton mills of his native town, where he proved himself so effi- cient an operator that he rose to the position of foreman. Seeking a wider field, he completed a course of studies in the New York Central College. Until 1855 he taught school in Central New York, remov- ing in that year to Madison, Wis., as the representative of an Eastern publishing house, afterward representing the same firm at Ann Ar- bor, Mich., and Janesville, Wis. In 1863, he located in Kent County, purchasing a farm just south of Grand Rapids, and turning his at- tention to legal studies entered the law department of the University of Michigan, and, having graduated with the class of 1869, com- menced the practice of law in Grand Rapids. He was twice elected prosecuting attorney for Kent County, and, in 1887, was elected to the bench of the Superior Court of Grand Rapids. He was re-elected in 1893, and upon his retirement from the bench in May, 1899, re- sumed the practice of law. In 1905 he removed to Ishpeming, Mich., and there he died Feb. 13, 1909.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.